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New Haven Planning Commission
New Haven Town Hall
March 2, 2006
Members Present: Allen Karnatz, Tom Boise, Jim Walsh, Donald Johnston, Susie Leonard,
Members Absent: John Evers, Keith Hall
Staff Present: Cris Messerle
Guests: Donna Blasie, Dick Stone, Tim Bouton, Andy Dykstra,
John Madden, Kendal Dunbar, Mike Dunbar, Kate Lampton,
Jason Bacon
Allen Karnatz, Chairman, called the meeting to order at 7:10 PM
Public Hearing
No public hearing scheduled.
Public Hearing Closed
Visitors Business
1. a) With regards to Site Planning, and the Planning Commission’s (PC) ability to deal with the regulations on Site Planning, Allen Karnatz introduced Kate Lampton. Kate’s 20+ years of Site Planning experience include: Charlotte Planning, Shelburne Planning, and Champlain Valley Green Belt Alliance.
Kate Lampton began by passing around various books that she has found to be great resource and reference guides for Site Planning and a Site Plan Review Sheet (see attachment) that addressed the topics of:
Traffic: Access/Parking/Circulation;
Landscaping: Standards/Screening;
Lighting
Currently the New Haven PC regulations do not have any standards for parking. Kate suggested that New Haven look at other town regulations and adopt what the New Haven PC feels is appropriate.
With regard to the presentation of Site Plans; currently the New Haven PC regulations have a good list of all the items that should be shown by the applicant on their Site Plan. Kate indicated that the more accuracy and completeness of details submitted by the applicant(s) on their Site Plan will be beneficial to all parties. There should be digression and fairness to the applicant that the level of the Site Plan is appropriate to the level of the submitted project.
Tim Bouton was concerned about the logistics of handling something that hadn’t been done as it was presented on the Site Plan. Kate indicated that it was a matter of enforcement. Having levels the applicant can meet and complete, before the applicant moves on to the next step. Build into the conditions before the permit is issued.
Kate Lampton addressed in particular the issue of landscaping and screening for a Site Plan. She recommended site visits in addition to doing a drive by to understand the Site and know what is appropriate and what is not. Maintain a 2 year statement that applicants will maintain and replace and replant any diseased or dead plants.
It was decided to at this time to change the order of the agenda and let Bill Shafer come before the PC before the discussion commenced on zoning issues with the New Haven Zoning Board of Adjustment (ZBA).
1. c) Cris Messerle gave a brief background of Bill Shafer’s plans. The current approved plan includes a miniature golf course and use of one of the out buildings on the property was approved for a retail store. A specific use was talked about in the current approval, but Cris Messerle was unclear as to what the specific retail use was, Cris thought maybe a music store. Tonight Bill Shafer would like to change that specific use to a Sears Appliances franchise.
Allen Karnatz indicated he recalls the last permit mentions a retail store but is unclear to the specifics without looking at the minutes or permit. Cris is seeking PC clarification if the addition of an appliance store would be considered a change in use. Susie Leonard asked if there would be a loading dock or if the building would be enlarged. Bill Shafer indicated no to the loading dock, but would like to speak about enlarging, but hasn’t submitted an application to do so yet.
Allen Karnatz indicated the question tonight is the change in use, consistent with the plan for this property. Tom Boise indicated his thought of the definition of retail was selling to the public, and the new plan that Bill Schafer is presenting still conforms to that concept. Tom Boise then asked Tim Bouton his thoughts. Tim Bouton indicated that Tom Boise’s definition of retail was correct, and unless it impacts something else (i.e. if the site goes from 2 visitors a day to 100 visitors a day thus impacting parking) then Tim Bouton would consider this a change of use.
Susie Leonard felt that with
appliances there would be an increase in truck traffic. The
Site Plan needs to be appropriate to the size of the plan and number of truck
traffic. Bill Schafer indicated that there would 2 tractor trailers/week where
as a sports shop would have a FedEx or UPS delivery truck daily. Donald
Johnston asked if the site plan accommodated the tractor trailers.
Bill Schafer indicated that he spoke with Middlebury Planning Commission. Their reply was if a shop in Middlebury was granted retail use it was a broad coverage that didn’t need any other specifics other than a different sign permit. As an example, Bill indicated the former Ben and Jerry’s ice cream shop that changed to a Mountaineering store did not require another permit.
Allen Karnatz indicated that the PC needed to come to a consensus, as Bill Shafer was looking for some direction.
Susie Leonard indicated that she was uncomfortable with the increasing number of uses on this site. Also when a site plan increases traffic, it sets a bad precedence for further development in New Haven.
Jim Walsh asked if the store would be a full service store or just appliances. Bill Schafer indicated that it would be a dealer’s store. The Middlebury area is the remaining open market for this type of store. Dealer stores range in size from 2,300 to 4,000/5,000 sq ft of show room space. Goods range from lawn and garden, appliances, and hardware. In terms of traffic, Bill’s perception is that it would not be any more as far as one way trips daily on the property. In terms of freight, two 28 or 32 foot tractor trailers per week to drop off freight. Bill’s further thought would be to rent some space from Steve Dupoise as storage area eliminating tractor trailer traffic on his property, use Bill’s existing building as a showroom with a possibility of an expansion to the building – Bill is not coming to the PC with an expansion to the building at this time.
Allen Karnatz indicated that the PC needed to look at this proposal of a Sears Store and decide if this proposal constitutes a significant change in use from the originally presented plan. Allen Karnatz indicated that he did not think this change much different than what the PC had envisioned with the original site plan proposal.
Donald Johnston indicated that he had an issue with the combination of people (especially children) that came and partook in miniature golf and pizza and the combination of tractor trailer traffic on site. Bill indicated that currently there are 4 school buses that turn around in this area daily. He also left a larger space in the parking area between the north and south sections to accommodate larger vehicles and has indicated posts as a safety barrier in the parking area.
Allen Karnatz asked the PC board is anyone felt that this proposal is not a change of use. Tom Boise, Jim Walsh, Donald Johnston and Allen Karnatz felt this was not a change of use. Susie Leonard was not comfortable with this proposal.
Bill Schafer indicated the scenario of doing the agreement with Sears. If Sears wanted a showroom with more square footage and the PC is uncomfortable with tractor trailer traffic, is it possible to regulate tractor trailer traffic. Cris Messerle stated an example of someone who had a home occupancy business, the product was stored off-site. The product was sold from the house but customers came to the off-site location to pick up the product. This made the pick up location a retail area. On the other hand, if Bill Schafer were to store the product off-site and the customer came to the Sears store to pick up the item that Bill, himself, brought over from the off-site location this scenario may be viewed differently.
Donald Johnston indicated that he wasn’t against tractor trailers. Donald suggests that Bill Schafer show that the combination of people and tractor trailers would not be a safety issue.
1. b) The New Haven ZBA have been invited to the PC meeting to discuss zoning issues.
Tim Bouton indicated that in 2004 there were some changes to the Municipal Planning and Development Act by the legislature. Chapter 117 of Title 124. Some of these changes came into affect on September 1, 2005, and the ZBA is now using these regulations. Tim has made edits to the current Zoning Regulations. These edits include changes that are required to be in the new regulations, definitions have been added where he thought they were needed, and moved some material to different locations within the regulations.
Allen Karnatz clarified that he, Susie Leonard, and Tim Bouton were instrumental in making these edits. The idea was to wait until the Town Plan passed the public vote, Then present the new zoning regulations in a public hearing before forwarding them on to the Select Board. Tim Bouton mentioned that a change in Chapter 117 now indicates that the Select Board has the authority to adopt or not adopt zoning as it sees fits.
Tim Bouton indicated that the Plan Map has some adjustments to it, i.e. Dupoise property, extension of the industrial zone where Pikes is located, and the 7&17 Store and land on the other side of Route 17. These are changes that were proposed in the last Town Plan are in this Town Plan and are inserted into the Zoning Regulations.
Tom Boise indicated that the adjustments that Tim Bouton mentioned have not been approved. Tim indicated that this is correct. The Town or Select Board cannot adopt zoning regulations until a Town Plan has been adopted. The steps are to have the Town Plan approved (this will change the Plan map to reflect new zoning for the above mentioned properties, but does not change Zoning or the Zoning map), then approve the Zoning and Zoning Map.
John Madden indicated his concern regarding theSelect Board and if they can approve new Zoning By-Laws. Cris Messerle indicated that he has made an inquiry to Jim Ouimette (Town’s Lawyer) regarding this. Cris has not heard back from Jim Ouimette as of yet. John Madden indicated that the Select Board by previously actions had established a procedure of voting on the Zoning By-laws by Australian Ballot, thus this practice should be continued. Allen Karnatz indicated that the last vote on the Zoning By-laws was in 2004. Tim Bouton indicated the new Chapter 117 adopted after the 2004 vote, precedes past history. The new change indicates that the legislative body of the Town may decide. In the past the Town voted that all Town Plans must be voted on by Australian Ballot. To Tim’s knowledge the Town has not voted to vote on Zoning By-laws they had done it previously by default because that was State regulation at the time. State regulations have changed and now the Select Board may adopt the Zoning By-Laws. Cris Messerle will continue to be in touch with Jim Ouimette to obtain an official decision.
Visitors Business ended at 8:50 PM
2. Minutes
Susie Leonard indicated that a copy of the resolution voted on by the PC should be included in the minutes. Susie will send a copy to Karen Gallott, who will ask the Town Clerk to attach them to the February 2006 minutes.
Allen Karnatz made the motion to approve the minutes with changes.
Susie Leonard seconded
Discussion – none
Vote: Yes – 5 No – 0 Abstention – 1 (Tom Boise)
Motion carries.
3. Correspondence
4. New Business
Cris Messerle indicated that someone approached him regarding a possible purchase of Stern’s junkyard north of town on Route 7 (across from the new RV site). Currently there are multiple uses at this site (motorcycle shop, 2 buildings are used as apartments, 2 bay garage rented out as a automobile repair). Going back to previous discussion tonight, how many multiple uses will the PC allow for one site? There was additional discussion on the subject of multiple uses per site. Allen Karnatz indicated that if Cris Messerle was unsure of a situation bring it before the PC. Cris Messerle will check with Jim Ouimette on what constitutes a change of use.
Susie Leonard made the motion to adjourn.
Tom Boise seconded.
Discussion – none
Vote: Yes – 5 No – 0 Abstention – 0
Motion carries.
The meeting adjourned at 9:10 PM
Respectfully Submitted By:
Karen Gallott
Attachment – Site Plan Review