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New Haven Planning Commission
New Haven Town Hall
February 2, 2006
Members Present: Allen Karnatz, Keith Hall, Jim Walsh, Susie Leonard,
Donald Johnston
Members Absent: John Evers, Tom Boise
Staff Present Cris Messerle
Guests: Benj Deppman, Peter Rothschild, Francis Sturtevant, Donna Sequin, John Sequin, Milo Schaefer
Allen Karnatz, Chairman called the meeting to order at 7:00 PM
Public Hearing
1. To reaffirm and re-approve the subdivision application 94-06 of Raymond and Lila Ferrari to subdivide their lands into a 10 plus acre parcel and a 156 plus acre parcel previously approved on July 7th and specifically to approve the mylar of such subdivision entitled “Survey Plat of a portion of lands of Raymond C. Ferrari and Lila Ferrari westerly of Munger Street, New Haven, Addison County, Vermont” surveyed by Tim L. Short, dated October, 1994 and recorded in the Town of New Haven Land Records in Map Book 2 at Page 78 and to authorize the Chairman of the Planning Commission of the Town of New Haven to sign the mylar as approved by the New Haven Planning Commission by resolution of July 7, 1994 and February 2, 2006.
Summary: The Mylar was never signed in 1994.
Opened for public comment
Benj Deppman, Attorney for Robert Murphy, who just sold a house to the Vella’s. Benj indicated their approval for signing the Mylar.
Peter Rothschild indicated his approved for signing the Mylar.
Public comment period closed
Jim Walsh made the motion to approve the Mylar as presented.
Susie Leonard seconded.
Discussion – none
Vote: Yes – 5 No – 0 Abstention – 0
Motion carries.
This Mylar will use the old file number: 9406
Public Hearing closed at 7:15 PM
Visitors Business
a) Don Johnston recused himself as he is working with John Sequin on the survey. John Sequin came tonight with a subdivision request. John would like to subdivide off the house and buildings with 10 acres of land which he intends to sell. John Sequin’s plan is to keep the remaining acreage and building a new residence on the land.
Allen Karnatz indicated that this is a minor subdivision with sufficient road frontage. The subdivision will trigger the State’s septic laws. John Sequin indicated that he has taken care of this.
Don Johnston, as John Sequin’s surveyor, indicated that there is currently a 50 foot right of way that straddles both lots, this right of way will be the access to the proposed new residence. Does the Planning Commission (PC) require 600 feet of road frontage for the remaining farm land, after the 10 acres piece is divided off? Or would the right of way give the required road frontage?
Keith Hall indicated that John Sequin did not have to meet the 600 foot road frontage for the larger remaining piece of land because it would be met with the existing right of way.
John Sequin indicated that he would not be ready to have this minor subdivision ready before the April 2006 meeting.
Jim Walsh made the motion to warn this site sketch as a minor subdivision for the April 2006 meeting.
Susie Leonard seconded.
Discussion – none
Vote: Yes – 4 No – 0 Abstention – 1 (Don Johnston)
Motion carries
b) Francis Sturtevant proposes to subdivide his land on Hunt Road into one lot of +/- 2.07 acres with an existing mobile home, and one vacant lot of +/- 54 acres. Currently the lot has a road frontage of 400 feet.
Francis wanted a clarification on the number of feet needed for a right of way. Allen Karnatz indicated that 50 feet is needed. It is important that the 50 foot right of way is set aside, because without it, a land locked parcel will be developed. Francis indicated that at this time there are no plans to put a residence on the +/- 54 acres.
Allen Karnatz asked if Francis Sturtevant was aware that a subdivision activates the State’s septic laws requiring the site plans to show the mobile home’s current septic location and identify a replacement area for the mobile home. The PC will need to see the location of the existing septic system, the location of the replacement system, the location of the well on the Mylar.
Francis Sturtevant indicated that he will not be ready to have this minor subdivision warned until May 2006.
Susie Leonard made the motion to warn this site sketch as a minor subdivision for the May 2006 meeting.
Jim Walsh seconded.
Discussion – none
Vote: Yes – 5 No – 0 Abstention – 0
Motion carries
Visitors Business ended at 7:30 PM
2. Minutes
Review of the minutes for the January 3, 2006 - Public Hearing for the Town Plan.
Susie Leonard indicated a correction should be made on page 3; #5, indented should be changed to intended.
Review of the minutes for the January 5, 2006, Planning Commission meeting.
Cris Messerle’s name was listed erroneously as a PC member. It was clarified that Cris Messerle is not a member of the PC, but should be listed in the minutes as staff.
Allen Karnatz made the motion to accept the January 3, 2006 and January 5, 2006 minutes with corrections.
Keith Hall seconded.
Discussion – none
Vote: Yes – 4 No – 0 Abstention – 1 (Jim Walsh was absent)
Motion carries
3. Correspondence
Letter from Agency of Natural Resources (ANR) – George Merritt Estate permit approval.
Champlain Oil Company (COC) Engineer’s Letter regarding making a change to the Flood Insurance Rate Map for the 7&17 intersection.
Cris Messerle gave a brief review: COC is trying to apply to the federal agency for a change to the federal flood zone maps, since they are believed to be incorrect. This indicates that if the federal FEMA maps are incorrect, so are the Town’s maps. Cris indicated that the Town’s maps cannot be changed until new zoning regulations are adopted and he has mentioned this to COC.
Don Johnston indicated that COC should write a letter requesting a formal zoning change. Cris Messerle endorsed that statement saying that a formal proposal needs to be presented to the PC from the applicant. The PC will then present the formal proposal to the Select Board for their vote. Until the zoning regulations are amended, COC is not eligible to do make/request any changes.
Bank Statement.
ANR Stormwater Discharge Permit for William Shafer’s project.
Affordable housing brochures.
Allen Karnatz handed out copies of the Report on Planning in Vermont, for each PC member and staff.
During the correspondence portion of the meeting, Selectboard members Larry Buck and Paul Audy cam to the PC meeting to discuss the Town Plan. Tim Bouton, Barb Torian and John Madden were also in attendance. They had just concluded their public hearing in the Town Clerk’s office. There was considerable discussion about amending the future land use map to include a 400 x 500 foot highway commercial zone at the northeast corner of Route 7 & 17. The PC endorsed the proposal and the Selectboard made the change.
4. New Business
Cris Messerle indicated that he and Keith Hall had reviewed the following forms and is requesting approval from the PC to make minor changes to these forms. These forms are:
Application Permit Form
Certificate of Occupancy – add paragraph as suggested by Jim Ouimette.
Certificate of Compliance – a new form – this is a form that Banks and/or attorneys may require in the future.
Allen Karnatz indicated that he would like the PC to see a copy of the road cut approval when an applicant comes before the PC with their project. Also for a major subdivision Allen Karnatz indicated that he would like the PC to see something in writing (memo or document) from the New Haven Fire Department Chief indicating his approval for prospective project(s).
John Madden asked if there was any form of check to see if requested road cuts/widths are installed as indicated on the applicants’ final plans. Allen Karnatz indicated that when Cris Messerle checks out the sites to see if regulations were met as presented on the building permit, if Cris notices the road cuts are not installed as depicted on the final plans, he should go back to the Town’s Road Commissioner.
Regarding the RV project on Route 7, Cris Messerle indicated that Darrell Tucker and Scott LaFave wanted to open for business before all approved PC conditions were met. The new owners indicated that there were some conditions that could not be met until springtime or later. Specifically, the road cut and curbing. The State has indicated that they would do the work, but have not given a time table as to when it is planned. Allen Karnatz indicated that the PC had put in dates on the findings of facts, especially for the landscaping as to when projects needed to be completed by. As for the curbing, it is indicated to be completed by mid-July or August, but if Darrell Tucker and Scott LaFave are still in negotiations (come the PC deadline date) with the State regarding curbing installation, then Cris would need to come to the PC for direction.
In reference to the Certificate of Occupancy. Cris Messerle indicated the form now indicates that one should be issued for every building that a building permit is issued (shed, barn, etc.) Up to this time they have only been given out for residences. But Town of New Haven regulations and the State regulations indicate that one should be issued for every building. The PC ruling is that the Zoning Administrator should give Certificate of Occupancy to residences only.
Susie Leonard came before the PC with the Community Project’s proposal for a Bond vote at the up coming Town Meeting in March 2006. She would like to get a feeling from the PC if the PC supports the Community Project and bond vote. With PC support, as individuals go door to door to explain the bond vote, it can be mentioned that the PC supports this project.
Allen Karnatz made the motion to approve the resolution.
Keith Hall seconded
Discussion – John Madden asked if there would be handicap access to the second floor. Susie Leonard indicated that it would not be provided and the Community Project Committee got a special waiver not to proceed with handicap access due to the extensive costs involved. The remaining portions of the building will be handicapped accessible.
Vote: Yes – 4 No – 0 Abstention – 1 (Susie Leonard)
Motion carries.
Donald Johnston indicated that in February 2, 2006 copy of the Burlington Free Press there was an article on old roads. Donald wanted to bring this to the attention of the PC for their awareness.
Donald Johnston, on behalf of Steve Dupoise, wanted to know what the status of his situation is for rezoning his property. Allen Karnatz indicated that Steve Dupoise will need to wait until the town plan is passed, so there won’t be any decision until the earliest, April 2006. Zoning cannot be changed until a new Town Plan is adopted.
Keith Hall indicated that Steve Dupoise came in and filed an application to put a building on that lot. Keith Hall turned down the application, and then Steve Dupoise took the application to the Zoning Board of Adjustments (ZBA). If ZBA approves the application then it will come back to the PC for a site plan. If the ZBA denies the request, then Steve Duposie can appeal to the Environmental Court.
5. Old Business
Allen Karnatz gave an update on the 2005 planning grant, indicating that the remaining money ($3,119.09) needs to be spent by May 2006.
6. Adjournment
Allen Karnatz made the motion to adjourn.
Susie Leonard seconded.
Discussion – none
Vote: Yes – 4 No – 0 Abstention – 0
Motion carries
The meeting adjourned at 9:30 PM.
Respectfully Submitted By:
Karen Gallott