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New Haven Planning Commission
New Haven Town Hall
July 6, 2006
Members Present: Allen Karnatz, Tom Boise, Susie Leonard, Donald Johnston,
Stuart MacCrellish
Members Absent: Jim Walsh, Mike Sweeney
Staff Present: Cris Messerle, Zoning Administrator (ZA)
Guests: Joanne Cousineau, Jim McGrath, Beverly Landon, Pat Colander, David Colander, John Madden, Marcia Dupoise, Stephen Dupoise, Members of the Addison County Regional Planning Commission: Jeff Owen, Kathleen Ramsay, Don Shall, Thea Gaudette, Milo Schaefer
Allen Karnatz., Chairman, called the meeting to order at 7:00 PM.
Allen Karnatz introduced and welcomed Stuart MacCrellish, a new board member of the Planning Commission (PC).
Public Hearing
1. Harvey Smith wishes to subdivide his property, located at 2516 Lime Kiln Road, into 3 lots. This is the first meeting for a major subdivision. 2006-SUB-05.
Cris Messerle explained that Harvey Smith wishes to file a continuance to the August 2006 meeting.
2. Stephen Dupoise requests a site review and building permit to construct a second storage building on his property, located at 229 Ethan Allen Hwy.
Stephen Dupoise indicated the only change was the addition of more trees to be located on site as per Act 250 He also has in hand the Act 250 permit.
Allen Karnatz explained the background of this site review for Stuart MacCrellish. Allen also indicated that the Select Board approved the new zoning by-laws at their recent meeting, now the PC is able to proceed with this site plan as a commercial zone.
Opened for public comment:
John Madden indicated that the by-laws recently approved by the Select Board do not take affect for 21 days. Also John Madden asked if a public notice had been posted. Cris Messerle indicated that it had but he did not have a copy of it with him tonight.
Beverly Landon indicated that she had a copy of the notice from the newspaper, the publication dates are June 22, June 29 and July 3, 2006. The notice does read…”review and building permit to construct a storage building on his property”…
Beverly Landon thought Stephen Dupoise’s plan was a fine idea and indicated a way to avoid the complication that John Madden brought forth, this was to make tonight’s approval contingent after a certain number of days after the by-laws become official.
Public comment closed.
Tom Boise made the motion to accept the site plan review as presented with a condition that new construction wait 21 days until the by-laws are approved (construction can begin on July 19th)
Donald Johnston seconded
Discussion – none
Vote: Yes – 4 No – 0 Abstention – Stuart MacCrellish
Motion carries
4. James McGrath wishes to subdivide his property on Ethan Allen Hwy into two lots. Minor subdivision - 2006-SUB-6.
Jim McGrath indicated that the boundary lines were the only change. The Mylar indicates the primary and replacement septic fields, well, and building site.
Susie Leonard asked for a background explanation as she was not present at June’s meeting. Jim McGrath explained at first he thought a 5+ acre lot needed to be left for the commercial lot. He found out he only needed 1 acre for commercial. Thus, the redrawn boundary lines presented tonight. Susie Leonard wondered why frontage on Route 7 and Campground Road? Jim McGrath explained that he has a deeded right of way from 2 driveways that access Route 7 but would be using the access onto Campground Road as the primary access. There was more discussion regarding the business, why it straddles 2 property lines and the grandfathering of these lots.
Opened for public comment
None
Public comment closed
Stuart MacCrellish asked if the business needed to have a septic replacement area shown on the Mylar. Allen Karnatz indicated that this requirement is not required because the parcel with the business is not being subdivided.
Tom Boise made the motion to accept the Mylar and subdivision as presented.
Donald Johnston seconded
Discussion – none
Vote Yes – 4 No – 0 Abstention – 1 (Susie Leonard)
Motion carries
Public Hearing was adjourned at 7:30 PM
Visitor’s Business
1. a) Beverly Landon wishes to discuss subdividing a 5 acre lot from her 110 acre parcel on River Road. Parcel 0767.
Beverly Landon explained the background of what she would like to subdivide. Otter Creek Engineering will be doing the water and wastewater work and both the surveyor and Otter Creek Engineering will have their work ready for the next PC meeting.
Beverly Landon indicated Section 210 of the New Haven PC regulations. Her concern was how can she get the water and wastewater work done to comply with State wastewater regulations if she is unable to clear and bush. Allen Karnatz explained that the regulations address the construction of physical dwelling, not clearing of land or brush to meet preliminary work.
Beverly indicted that she would like a written statement from the PC explaining and addressing this situation and granting her permission to proceed with the clearing of the land prior to the subdivision being adopted. Allen Karnatz asked Cris Messerle to address this written statement and present a letter to Beverly Landon so she can proceed with removal of the brush to facilitate the wastewater requirements.
Beverly Landon indicated that Section 210 is a problem and should be addressed in the zoning regulations.
Tom Boise made the motion to warn this minor subdivision for the August 2006 meeting.
Susie Leonard seconded.
Vote: Yes – 5 No – 0 Abstention – 0
Reopened the Public Hearing Section at 7:35 PM
3. Addison County Regional Planning Commission holding a public hearing on the newly adopted Town Plan.
Thea Gaudette, Chair, of the Local Government Committee. This committee is here tonight at the request of the PC, as a final step for the Town of New Haven’s Town planning process. New Haven has an approved and accepted Town Plan. Tonight’s step provides confirmation from the Regional Planning Commission and provides the Town the certification to apply for State grants. The Committee’s review is to make sure statutory requirements have been met, they will not address the content of the Town Plan.
Allen Karnatz explained that the Town Plan expired in December 2005. The PC decided to adopt minor changes from the expired Town Plan and then gradually rewrite the plan. In the meantime the zoning by-laws needed to be changed and that required an approved Town Plan.
Thea Gaudette asked if a town wide survey had been done. Allen Karnatz indicated yes, 800 surveys were sent out and 137 were returned (20%). Susie Leonard felt the most significant issue for the town was not to increase the commercial district on Route 7. Donald Johnston felt that town residents are happy with the way Route 7 is zoned now and not to increase the commercial district, but to focus commercial development in the areas currently zoned commercial. Tom Boise felt surprised that there was not a very good return on the survey.
Thea Gaudette asked if VELCO was an influence for change in the Town Plan. The PC felt VELCO’s impact was minimal. Thea asked if VELCO opened up any recreational uses along the VELCO right-of-way. Allen Karnatz indicated at this time there are no recreational uses planned for the VELCO right-of-way.
John Madden asked about the promotion of affordable housing. There was considerable discussion regarding affordable housing. Thea’s indicated that by including affordable housing in the Town Plan, this provides an opportunity for zoning to devise ways to implement affordable housing.
Thea Gaudette indicated that the Local Government Committee will meet between now and Wednesday, July 12, to decide whether the full commission should approve the plan and to report whether the Town of New Haven is actively engaged in the planning process and that any statutory criteria are met because of the public hearing.
After Wednesday, July 12 the New Haven PC will have the final decision from Addition County Regional Planning.
The second session of the public hearing was closed at 8:00 PM.
Visitors Business was reopened.
1. b) David Colander wishes to discuss subdividing his property on Dog Team Road.
Donald Johnston recused himself. He is the surveyor to the Colander’s.
Pat Colander explained that their parcel was originally 3 separate parcels that have been combined into one. The Colander’s would like to subdivide their parcel into two lots. One lot being 10+/- acres and one lot being 17 +/- acres. The southern lot (17+/- acres) will not be surveyed, has one building that would have two apartments for rent . These apartments would have their own septic and well. The northern lot (10+/- acres) will be surveyed and will have the Colander’s residence located on it.
Setback requirement are meet as there is 77feet between the Colander’s residence and the building with the two apartments.
Tom Boise asked if there would be a right of way from one parcel to another, or if each parcel would have its own access onto Dog Team Road. Pat Colander indicated that each parcel will have its own access.
Susie Leonard made the motion to warn this as a minor subdivision for the August 2006 meeting.
Tom Boise seconded
Vote: Yes – 4 No -0 Abstention – 1 (Donald Johnston)
Motion carries
Donald Johnston asked if the Mylar for the Alan Bessette subdivision was signed. Allen Karnatz indicated that “yes” he signed the Mylar.
2. Minutes
Allen Karnatz made the motion to approve the minutes as presented.
Tom Boise seconded
Discussion – none
Vote: Yes – 3 No – 0 Abstentions – 2 (Stuart MacCrellish
Susie Leonard)
3. Correspondence
4. New Business
Finalizing the Dunbar petition report, regarding change of zoning on Route 7.
Cris Messerle passed out a DRAFT COPY of the PC’s report on the Petition to Change Zoning on Route 7. Since the PC had not previously seen this draft, it was decided to postpone further action until all PC members have had time to read the draft.
All corrections/changes should be emailed back to Allen Karnatz. When the finalized version is complied it will be forwarded on to the Select Board.
The PC will hold a public hearing regarding the petition to change zoning on Route 7 on September 7, 2006 at the regular PC meeting.
5. Old Business
Cris Messerle reported the RV place on Route 7 has applied for a new permit from the State for the traffic islands. The owners were erroneously under the impression that they could use the previous owners permit.
Susie Leonard asked about the Middlebury Fence home occupation enforcement issue and if this issue was on hold while the PC is going through the petition for zoning change. Cris Messerle indicated that the Select board has put the home occupation issue on hold until the outcome of the petition has been decided. But during the interim, the Select Board indicated that Mike Dunbar could go ahead and continue what he is doing.
Allen Karnatz signed the corrected Mylar (subdivision) for the Denton L. Lyon and Ann B. Lyon revocable Trust.
Susie Leonard made the motion to adjourn
Tom Boise seconded
Vote: Yes – 5 ` No – 0 Abstention – 0
Motion carries
Meeting adjourned at
9:00 PM