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New Haven Planning Commission Public Hearing
New Haven Town Hall
May 15, 2006
A Public Hearing is held as required by State Statue
To review proposed changes to the zoning subdivision by-laws and zoning map
Members Present: Allen Karnatz, Tom Boise, Susie Leonard, Donald Johnston,
Jim Walsh
Staff Present: Cris Messerle, Zoning Administrator (ZA)
Guests: Betty Bell, Marcia Dupoise, Steve Dupoise, Francis Dupoise, W. Pete LaPete, John Madden, Tim Bouton, Pete Bolduc, Andrew Lott, Milo Schaefer, Fred Napoleon, Stephanie Napoleon, Christine Dunbar, Michael Dunbar, Paul Audy, Candy Davidson, Barb Torian, Jim Gallott, Jeffery Gallott
The meeting was called to order at 7:00 PM by Allen Karnatz, Chairman of the Planning Commission. Allen Karnatz explained the purpose of tonight’s meeting.
The Planning Commission (PC) has proposed some changes to the Zoning and Subdivision By-laws and Zoning map. If any major changes are done tonight than another public hearing would need to be scheduled. If only minor changes were made the PC could make the changes and pass the document on to the Select Board. The Select Board warns for 30 days prior to their public hearing. Then by Statue the Select Board can approve changes or they can call a special town vote to approve changes.
The Town Plan was readopted in March 2006. The new Town Plan initiated a new Planning Map. The Zoning Map needs to match the Planning Map. Copies of the map distributed tonight currently reflect the changes on Zoning Map. Other changes made reflect definition changes within the Zoning Subdivision and By-laws.
Susie Leonard indicated that the major factor behind this change is that State Land Use and Planning Regulations changed significantly. All towns within the state needed to meet the conformance of the new regulations by September, 2005.
Open for Public Comment
Pete LaPete asked what would be involved in changing his property on Route 7 from residential to commercial. It has been used as commercial since 1968. What is involved with make this change to the Zoning Map.
Allen Karnatz indicated that if zoning were to be changed on any property within the Town it needs to be changed on the Town Plan, then a petition to amend Zoning would need to be done. To change the Town Plan and Town Zoning is approximately 6 to 8 months.
Currently the property is residential but is grandfathered and being used commercially. If Pete LaPete dramatically changes the use of his property from what is being done now to something more commercial (i.e. hardware store, restaurant) then he would not be allowed to do this unless the property is zoned commercial.
Andy Lott proposed a conditional use for a veterinary clinic at his farm located on South Street. As he understand it, if this conditional use is approved then he would need to go before the Zoning Board of Adjustments (ZBA). Allen Karnatz indicated “yes” that is correct.
Tim Bouton’s comment on Andy Lott’s suggestion would be to limit it to Agricultural Animals or large animals, and not include small animals. A small animal clinic may be a problem in a rural residential area.
Allen Karnatz indicated the definition of veterinary clinic in regulations, does not make any reference to either large or small animals. The ZBA could make that ruling when they hear the conditional use request.
Pete LaPete spoke to the fact that our current zoning makes 2 abutting lots with the same ownership into 1 lot. Allen Karnatz indicated the 2 lots merge into 1 lot for tax purposes only. When selling, it is still considered 2 lots.
Tim Bouton indicated that the State has changed that rule and it is now up to the individual towns to decide if they want to automatically merge lots or not. This would be for tax purposes only.
John Madden presented a handout regarding the Zoning and Subdivision By-laws. He then addressed the items on the handout.
Barb Torian indicated she likes the fact the PC is working on the Town Plan and Zoning By-law and is glad that PC is bringing it to the public as they continually work to make the changes and updates.
Christine Dunbar asked if Allen Karnatz would outline the process of changing the Zoning By-laws and Map. Allen Karnatz indicated that the PC with help from others and Regional Planning drafted the package, then PC holds a public hearing to take comments from the public, amendments/changes are then made. The package is passed on to the Select Board, the Select Board holds a public hearing to take comments from the public, the Select Board can make minor changes (major changes will be make than another public hearing will need to be held), then the Select Board can either pass the changes or bring it to a town vote.
Paul Audy asked what was considered a major change. Susie Leonard explained that a minor change allows a person to apply for a review or permit. A major change would be a complete change of zoning in a particular area.
Mike Dunbar asked if the Town Plan indicates where the Town is going in the future and does the Zoning Map go along with the Town Plan? Susie Leonard indicated the Town Plan is a generalized vision statement, zoning implements this generalized statement. The Zoning Map needs to reflect the Town Plan. Text and map make up the Town Plan. Any changes to the map must be done by an amendment to the Town Plan.
John Madden presented his changes/concerns/comments regarding the Zoning By-Laws that are being presented tonight.
Fred Napoleon asked if tonight’s plan was for the PC to present their views on Zoning. Allen Karnatz indicated that the main object of tonight’s meeting was to hear from the public about their views. Tom Boise indicated that the changes on the Zoning By-laws were changes mandated by the State and most changes were done to meet State requirements. Don Johnston indicated the map reflected the largest changes: For example; the Dupoise property on Route 7, was never designated as commercial on the zoning map, more land for Pike Industries on Campground Road, is being designated as industrial, the new map will create more commercial zoning for Jct. 7/17 which reflects what is already there, the neighborhood commercial zone is expanded in the village which reflects what the town favors. None of these changes are from petitions; they are to bring the map up to date.
Pete LaPete asked if these changes were not done by petition, then when is a petition necessary? Allen Karnatz explained that a petition is just one way of asking for a change. In this case, the PC made the changes based on the survey and other public input.
Jim Walsh indicated that the map issues were the major adjustments made and there were not any other major changes made to the Zoning By-laws. Susie Leonard indicated that the Town was not mandated by the State to update Zoning regulations by September 1, 2005. Instead, the State indicated that the areas that they were changing in State statue would be superseded on September 1, 2005 by State regulations if the State regulations conflicted with the Town regulations.
Fred Napoleon indicated that the Town can’t differentiate from the State regulations unless to make the regulations more stringent. Allen Karnatz indicated that the PC did not make it more stringent, but matched what the State indicated and what was on the Town Plan.
Tim Bouton indicated the Town Hill Road/Route 7 area was changed to industrial in a Town vote 10/15 years ago, this existing designation is not show on the current Zoning map. Zoning map needs to reflect this change.
Milo Schafer wanted to know if the changes on the Zoning Map will make it easier or more difficult to allow affordable/elderly housing for the Town Plan. Tom Bouton indicated that the changes in zoning will make affordable housing easier to come by. Affordable housing and permitting process were some of the major changes in State statue.
Pete LaPete asked that if he wanted to make a zoning change on his property from ag/residential to commercial and if he came to the PC to have this change done, would the PC would act upon it? Allen Karnatz indicated that the PC would consider it but it could not be done tonight. Susie Leonard indicated that the appropriate time for this request is when the PC is revising the Town Plan and at the public comment stage of revision. Pete LaPete asked when does the PC act on this; John Madden indicated that it would be done when the PC is working on the Town Plan. Barb Torian explained the timing sequence to Pete. To best way to expedite the process, is a petition to the PC. The other way would be the PC to take a request but it would not be acted on until the next time the PC is working on the Town Plan. Then the request would be presented to the Town for a vote.
Tim Bouton indicated the new State regulations indicate that Zoning must reflect what is on the Town Plan.
John Madden indicated what Pete LaPete would like to do regarding his property would be considered “spot zoning”. “Spot zoning” is not look upon positively.
Allen Karnatz indicated the changes as per the hand out. Article #5 changes PRD to PUD, clarifies definitions to the Zoning Administrator; Article #2 indicates the location of the Zoning Map at the Town Office, Articles #3 and #5 were the section with the largest amount of changes.
Fred Napoleon asked about Section 7 (343) – Renewable Energy Structures. Tim Bouton indicated the State recognizes renewable energy structures (windmills, solar, etc.) and the current town and state law makes it easier for towns to allow them and they can not be unreasonable in their rulings.
John Madden continued his presentation regarding changes/concerns/comments regarding the Zoning By-Laws that are being presented tonight.
Public Hearing Section was closed at 8:50 PM
Jim Walsh asked by Sections 3.43 and 5.27 were in the same document. Tim Bouton indicated section 5.27 gives restrictions that can be put on solar energy. Section 3.43 allows for further review if the requirements of 5.27 cannot be met.
Based on the comments heard tonight the PC decided to make the following changes on the Zoning By-laws and Zoning Map tonight to be passed on the Select Board.
1. Regarding Andy Lott’s request – should a conditional use for all rural agricultural districts, RA2, RA5 and RA10, be added? The condition use would be for a veterinary clinic. After discussion regarding conditional use, consensus of the PC was to recommend the conditional use change to include RA2, RA5 and RA10, and not to specify between large or small animals.
2. Removal of the term “yacht club” from definition of outdoor/ recreation.
3. Town Hill Road (southeast side) and Route 7, by consensus the PC voted to modify the zoning map to industrial for this area. This change modifies to map to be accurate to what had previously been voted on many years ago and now reflects what is in the Town Plan.
Susie Leonard made the motion to recommend to the Select Board to consider and approve the Zoning By-law changes presented and amended tonight.
1. Vet Clinic
2. Yacht Club
3. Dyno – Nobel property map change.
Jim Walsh seconded
Discussion – none
Vote: Yes –5 No – 0 Abstention – 0
Motion carries
Tom Boise made the motion to adjourn
Susie Leonard seconded
Vote: Yes – 5 No – 0 Abstention – 0
Motion carries
Meeting Adjourned at 9:10 PM
Respectfully Submitted
Karen Gallott