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New Haven Planning Commission
New Haven Town Hall
May 4, 2006
Members Present: Allen Karnatz, Tom Boise, Susie Leonard, Donald Johnston
Members Absent: Jim Walsh
Staff Present: Cris Messerle, Zoning Administrator (ZA)
Guests: Timothy Goyette, Stacey Jerome, Tom Jerome, John Madden,
Allen Bessette, Linda Sleeper
Allen Karnatz, Chairman, called the meeting to order at 7:00 PM
Public Hearing
There were no warned hearings.
End Public Hearing
Visitor’s Business
1. a) Allen Bessette, dimensions of the building envelope on his Quarry Road property.
Allen Bessette presented the set back dimensions for the two building lots on his Quarry Road property. He is coming before the Planning Commission (PC) tonight to request a public hearing for his proposed subdivision.
Allen Bessette presented a sketch plan showing the division of land as configured by Ron LaRose, surveyor. This configuration should meet the required set backs for each lot. This plan shows well sites for the new and existing residences; primary and replacement septic systems for the new lot. Allen Karnatz mentioned that the existing septic system for the existing house should be shown on the final Mylar.
Allen Bessette indicated that he has talked with Phil Busier, Road Commissioner, regarding location of the road cut, and a 30’ x 30’ flat area off the road for fire department access.
Don Johnston indicated the ‘mean horizontal depth’ still needs to be figured and shown on the Mylar. Allen Bessette indicated that there was more than 200’ of depth on each lot.
Allen Bessette indicated that he was ready to present this as a minor subdivision, with the pins in, at the next PC meeting.
Susie Leonard made the motion to warn this as a minor subdivision for the June 1, 2006 PC meeting.
Tom Boise seconded.
Vote: Yes – 4 No – 0 Abstention – 0
Motion carries
1. b) Tom Jerome is proposing to subdivide his land, located on Ethan Allen Hwy.
Tom Jerome indicated that he would like to subdivide his 31.55+/- acres located on Ethan Allen Hwy into 1 lot (10.5 acres) which will include the existing house and barn. Tom Jerome is coming before the PC tonight to determine if it would be best to subdivide the remaining acreage into 2 more lots (10.5+/- acres each) at this time (making a total of 3 lots). The vacant land will not be built upon at this time. Tom does not want to go through the septic requirements at this time.
If the acreage is subdivided into a total of 3 lots, there will not be sufficient road frontage. A boundary line would fall through the center of the existing barn that will be sold with the existing house. There was some discussion about whether a variance could be given due to the lack of road frontage. Allen Karnatz indicated that if the Jerome’s are looking for a variance they would need to go to the Zoning Board of Adjustment (ZBA). The PC at this time cannot grant a subdivision until the lack of road frontage issued is resolved. Also, upon subdividing, a boundary line will end up going through the existing barn. If the boundary line were moved then there would be set back issues, because there cannot be any structure within 25 feet of the boundary line. This would also have to be addressed by the ZBA.
Allen Karnatz indicated that even if construction of residences were not going to proceed at this time on the vacant land, the subdivision triggers the State wastewater regulations and a replacement site will need to be found and shown for the lot with the existing house and barn.
The Jerome’s will go the ZBA.
1. - c) Linda Sleeper can before the PC with a plan to subdivide her land on the North Street, on the northerly side of the King House, to build a new residence in the back, there is a total of 332’; of road frontage. In a previous conversation with Keith Hall, Keith indicated that Linda would need 100’ of road frontage with the commercial lot and 200’ of road frontage with the residential lot. Linda has this in writing, but was unable to locate it for tonight’s meeting.
Allen Karnatz indicated as of today and going by the zoning map in effect now, Linda’s property is in the RA-2 zoning district, not neighborhood commercial, and 200 feet of frontage is required for each lot. Allen explained that if the new zoning regulations were passed, then Linda’s property might be located in the neighborhood commercial district which only requires 100 feet per lot and thus the road frontage issues would not be a problem for the proposed subdivision. A closer inspection of the proposed official zoning map is required to determine whether the Sleeper property will be affected by the new zoning.
Susie Leonard indicated that it would be best if Linda Sleeper could locate the document(s) from Keith Hall and bring them before the PC.
Linda indicated that her neighbors were interested in purchasing her house. Susie Leonard indicated that the neighbors could purchase Linda’s house some of Linda's land, than a boundary adjustment could be done by the neighbors. Don Johnston confirmed this suggestion. Linda would need to talk with her neighbors to make sure this would work and show the PC a sketch plan with more dimensions indicating how this would work.
1. d) Tim Goyette proposes to subdivide land on South Street.
Don Johnston recused himself as he is working with Tim Goyette on this subdivision.
Tim indicated that his mother (Betty) would like to subdivide 5.78 acres off the back of her 10.08 acre lot, and give them to Tim. Tim would like to add 4.29 acres to said 5.78 acres, and create a 10.07 acre lot, leaving his mother with a 4.30 acre lot. Access to Tim’s 10.07 acre lot would be via a 50’ wide ROW over the southerly side of Betty’s lot.
Allen Karnatz indicated that Tim will need a notarized letter or legal document indicating that he is acting as an agent for his mother.
Allen Karnatz indicated that this would have to be warned as 2 subdivisions, (1) from Betty Goyette and (1) from Tim Goyette.
After some discussion it was agreed that Betty Goyette’s action would be a boundary line adjustment and Tim Goyette’s action would be a subdivision.
Tom Boise made the motion to accept a boundary line adjustment on Betty Goyette’s property.
Susie Leonard seconded
Vote: Yes – 3 No- 0 Abstention – 1 (Don Johnston – recused)
Motion carries.
Susie Leonard made the motion to warn a subdivision on Tim Goyette’s portion to create a second lot.
Tom Boise seconded
Vote Yes – 3 No – 0 Abstention – 1 (Don Johnston – recused)
Both of these items will be warned for the June PC meeting. Don Johnston will make the necessary changes on the Mylar and Site Plan and bring it back to the PC at the June meeting.
Visitors Business ended at 8:20 PM
2. Review of April 2006 minutes
Susie Leonard indicated corrections to be made on pages 5 and 6. Don Johnston indicated a correction to be made on page 6. Karen Gallott will make the corrections and forward them on to the Town Clerk’s office for Allen Karnatz to sign as approved.
Don Johnston made the motion to approve the minutes with changes.
Susie Leonard seconded
Vote: Yes – 4 No -0 Abstention – 0
Motion carries
3. Correspondence
4. New Business
Allen Karnatz met with the Select Board to go over the proposed zoning changes. May 15th is the scheduled public hearing at the Town Hall at 7:00 PM.
Allen also met with the Select Board regarding appointments for the PC board. As they were a member short at their meeting, they did not feel like they could make a selection on the candidate (Jim Gallott) proposed by Allen Karnatz. In turn, the Select Board suggested Mike Sweeny and Tory Lathrop as possible appointees. Allen Karnatz had asked the following Town residents but they were not interested: Jim Foley and Milo Schafer.
5. Old Business
Cris Messerle reported on the following items:
5. a) Peter Norris, Sr. Act 250 hearing for Campground Road/Route 7 location.
Cris attended this hearing. The Department of Agriculture was interested in primary soils, what percentage of the property and where this soil might be located on site. Peter Norris and the Dept of Agriculture will discuss this further and come to an agreement on this issue. AOT discussed traffic issues. Studies show currently there are 1800 vehicles that go through the intersections now. In 5 years it is predicted to increase to 2400 vehicles. The plan presented would have ingress from Route 7 and this has been denied by AOT. It was also discussed to widen Route 7 and put in a left turn lane for north bound traffic and a right turn lane for south bound traffic. Adam Lougee, speaking for Addison County Regional Planning, wanted to make sure all costs are born by the Norris’ and not by the Town. Adam Lougee was also concerned about the loss of views. That issue (views) could not really be addressed as it is not certain what types of business will be placed on the lots.
Cris Messerle spoke to the traffic issues and asked about the possibility of installing a traffic signal at the Campground/Route7 intersection. AOT indicated that the intersection did not meet the requirements for signal installation.
Rebuttals to this hearing need to be submitted by May 24, 2006.
Allen Karnatz asked if the PC board wanted to add anything for Cris Messerle to take back to the next meeting. Susie Leonard felt that Cris Messerle had spoken to this adequately. There were no other comments from the PC.
5. b) Report on the Town’s legal opinion RE: VTRR.
Cris Messerle reported that Jim Ouimette agrees with the PC and VTRR does not have a blanket exemption to do anything. Legally the Town retains “police powers” to regulate safety and health issues. This can be interpreted to include traffic/traffic issues. Jim Ouimette will be drafting a letter to state his opinion and send it to VTRR’s lawyer. Susie Leonard asked Cris to distribute the letter as soon as he get it, she would like to review it prior to the next meeting.
Jim Ouimette indicated that a Site Plan review by the PC would be in order.
With regard to items that need manufacturing, processing or repackaging at the VTRR site, the PC does have jurisdiction over this.
5. c) Report on Select Board meeting with Michael Dunbar and Middlebury Fence Company.
The Select Board was encouraging Michael Dunbar and Middlebury Fence Company to stay in New Haven and not move the business. The Select Board indicated they will try to work things out. Cris Messerle explained spot zoning to the Select Board. The Select Board then encouraged Michael to work with his neighbors to create a larger commercial area. Michael Dunbar is working on a petition to present to the town.
Susie Leonard asked what parcels would be included in this petition. Cris Messerle indicated the Select Board was encouraging Michael to begin with the Norris’ property and proceed south to Beldon Road and link up with Steve Dupoise’ property. Cris Messerle did not think that Michael Dunbar was going to go that far, instead thought Michael would just go north from his property.
Allen Karnatz indicated that the Town Listers can reassess properties that have a change of use and this will substantially affect taxes on parcels that become commercial. Susie Leonard indicated that a plan amendment will need to be done before the zoning can be changed and a town vote will be to be scheduled. Susie want to make clear that if the petition is signed and brought before the Select Board it doesn’t just receive the Select Boards OK and happen.
Regarding Violations. The home occupation permit had conditions and it was one of those conditions that Cris Messerle violated Michael Dunbar on; was storage outside the barn. A ZBA member indicated that the condition was not really clear regarding no storage outside the barn. The ZBA will continue the hearing.
Susie Leonard asked about the sign. The sign will be removed. Michael/Middlebury Fence, is not allowed to do any construction work inside the barn or onsite, but is allowed to store materials inside the barn.
5. d) Bill Schafer’s proposal to eliminate 3-5 parking spaces on the approved site plan.
Bill Schafer came to Cris Messerle requesting an elimination of a maximum of 5 parking spaces in front of the proposed retail store and along the northerly property line wants to move parking back and plant more greenery. Cris passed around copies of the proposed plan. Bill Schafer would also like to retain the right to put parking back in the future. Cris was wondering if the PC would require an amendment for this.
.Don Johnston asked what the designated use of the retail space is to be. Cris Messerle indicated a Sears Appliance Store. Susie Leonard indicated a concern of with the elimination of these parking spaces, how will the appliances be moved into and out of the store. Cris Messerle indicated that Bill indicated using a walkway and a handicap access. Susie asked why these items were not shown on the plan just handed out. Tom Bosie indicated that this is just a proposal, not an approved plan.
Cris Messerle indicated that Bill was unsure of how to approach this proposed change so Cris is here tonight to ask if Bill Schaefer needs to come back before the PC for an amendment. Allen Karnatz indicated that there is disagreement among the 4 PC members present tonight - yes, Bill Schaefer would need to come back before the PC to explain the plan and to have the PC vote on an amendment. It is not a change of use, so it would not need to be warned, but a means of keeping the PC informed and with hopes that there will be a 7 member board at that time. Tom Boise indicated that Bill should bring in a copy of the approved plan and a copy of what he wants to change to the PC can compare the two plans.
5. e) ZA presenting a request of the Select Board, re: fire lockbox requirement for all commercial structures and apartment buildings of 4 or more units.
The Fire Department made a proposal to the Select Board for lock boxes for commercial buildings. The Fire Department would like the Select Board to make this an ordinance. The Select Board passed this onto the PC. The PC declined to rule on this as it is not a zoning ordinance but a health and safety issues to be decided on by the Select Board. The PC agreed to send this item back to the Select Board for their revote.
Susie Leonard made the motion to adjourn
Allen Karnatz seconded
Vote Yes - 4 No – 0 Abstention – 0
Motion carries
Meeting adjourned at 9:40 PM
Respectfully Submitted
Karen Gallott