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New Haven Planning Commission
New Haven Town Hall
August 3, 2006
Members Present: Allen Karnatz, Tom Boise, Susie Leonard, Donald Johnston,
Jim Walsh, Stuart MacCrellish, Mike Sweeney
Staff Present: Cris Messerle, Zoning Administrator (ZA)
Guests: Paul Wamsganz, Tony Cairns, Charles Cousino, John Madden, Tom Jerome, Francis Sturtevant, Bev Landon, Harvey Smith, Betty Bell, Jan Baier, Tamara Boise, Kathi Apgar, Pat colander, Ramona Morse, Tom Wallace, Robert Krampitz, Lori Krampitz, Martha Evarts, Alan Evarts
Allen Karnatz, Chairman, called the meeting to order at 7:00 PM. Tonight’s meeting is the first meeting using the newly passed Zoning By-Laws.
1) Champlain Oil Company (COC) requests a site plan review, for their property at 5366 Ethan Allen Road, currently the 7/17 store. They wish to demolish the current structure, construct a new building to house the store, add fuel pumping stations and a diesel pump station. Additionally, they propose a seating area, for the Deli dept.
Paul Wamsganz and Tony Cairns, President of COC, introduced themselves as representatives for COC. Tony Cairns explained that COC would like to demolish the currently 7/17 store building (3,800 sq ft) and replace it with a new 4,560 sq ft building. The extra square footage reflects additional storage area. The building plan presented tonight is the same plan currently open and operating in Quechee, VT.
Paul Wamsganz explained the current layout of the site. COC is proposing to move the main building toward the back of the lot away from Route 7. The main building will be full glass entry with stone work and horizontal siding, metal roof with wood peak area. The building is not a subway building as was presented at an earlier PC meeting. The diesel island will move southerly and easterly; the gasoline islands will be accessible from Route 7 and from Route 17; the septic will be pumped under Route 17 over to the former Monty parcel. The septic will be a twin mound system and will be located toward the back of the Monty parcel opposite the Post Office. The front parcel of the Monty parcel will be gravel and open for truck and overflow car parking.
Susie Leonard asked if this would be a chain deli. Tony Cairns indicated that it would be COC’s own deli.
Jim Walsh asked if it would be a Mobil station (as was shown on the design plans) and if the truck parking at the (former Monty parcel) would have air conditioning (AC) and power hookups to handle 12 hour parking. Tony Cairns indicated it would stay Citgo and the overflow parking would not be equipped with hookups.
Susie Leonard asked if COC had checked with the Agency of Transportation (AOT) to make the former Monty parcel a park and ride area for the public. COC had not done this, and will check with AOT regarding a possible park and ride for the front portion of this parcel.
Allen Karnatz asked about ACT 250. Paul indicated that this site did not fall under ACT 250 but came under AOT and Agency of National Resources (ANR) for the septic and wetlands.
Stuart MacCrellish asked if AOT addressed the issue of pedestrian traffic crossing and walking down Route 17 to the store. Has AOT indicated installation of a blinking light, crosswalk, sidewalks, etc, as this could be a potential dangerous situation? Tony Cairns indicated that there has been no discussion with AOT regarding this. The Town can ask COC to install a crosswalk and COC would be willing to install one.
Donald Johnston mentioned that the plan does not indicate truck parking on the former Monty parcel. It may not be clear to AOT and other people not at Planning Commission (PC) meeting tonight that truck parking is indicated for the former Monty parcel.
Opened for public comment
Kate Lampton addressed the concern of the large amount of glass on the front of the building, this does not remain in character for the area and the amount of light coming through the glass panels would add to impact. The overall view of this site will be the canopy and plans do not address the canopy or lighting of the canopy. Truck parking on the other site (Monty parcel) is a good idea and has landscaping been addressed? Kate pointed out that the percentage of lot coverage with the store and paved areas will be significant, and will be a much different view than what is there now.
John Madden thought that development at the 7/17 Jct was a good idea. He expressed concern regarding pedestrian crossing on Route 17 as to cars turning onto Route 17 from Route 7, and concern about the septic and its impact on the wetlands. John Madden was under the impression that Act 250 is required for all commercial development. John also expressed concern regarding the large amount of glass in the front of the building.
Public comment period closed
Donald Johnston expressed concern regarding the canopy as it seemed very close to the setback. Paul explained that the set back was sufficient, 76’ back; also it was difficult to determine set back because Route 7 has a variable width right-of-way due to the turning lanes.
Susie Leonard asked for an explanation of the shaded area shown on Sheet 5. Paul indicated that this was the flood plain area that is now being taken out of flood plain designation.
Cris Messerly clarified that COC was here tonight for a dual application for renewal and site plan review.
Allen Karnatz asked the PC board their thoughts on issues that were presented tonight. Susie Leonard indicated that she was not comfortable that the site plan did not show canopy elevation and landscaping on the former Monty parcel. Rts 7&17 are important intersections and the PC should be concerned with how it looks and functions. Pedestrian circulation across Route 17 and (i.e. sidewalk) between the Store and the Post Office needs to be addressed.
Paul indicated the canopy design would be the same Citgo logo as there now. The current canopy is a 42 inch, soft white facia with a tri colored maroon broad band. The logo would stay the same as what is there today. It would change in shape from the current 24 x 28 to proposed 80 x 24. The same mass, but a different configuration. Paul also described the proposed lighting which will be area cut off lights – flat lens, strategically located for safety and visibility. Canopy lights will be pulse start, energy efficient, flat lens. It will be an improvement over what is there today.
Discussion was had on the amount of glass used in the design of the building. Tom Boise indicated that the Knits and Bolts building also has large glass areas as well as Maplefields further south on Route 7. The advantage of a large amount of glass gives visibility to the gas islands from inside the building; this is also a state law requirement. Tony Cairns agreed that the amount of glass in the building design was for visibility from both inside the store and from outside the store – a safety feature to deter crime from both inside and outside the store.
Jim Walsh asked if the former Monty building will be taken down. Tony Cairns indicated that the building will stay for the time being, COC may put the building up for lease. Currently COC will clean up the lot and put in gravel parking. Jim was satisfied that the former Monty lot would not have permanent AC or power hookups, it would be a gravel lot, and the building would stay for now. Currently there is one access each off Route 7 and Route 17; no more are planned at this time.
Susie Leonard again expressed her concern regarding pedestrian circulation and without knowing this information it would be hard to approve an application for a site review and building permit. Cris Messerly confirmed that the application was for a site review and building permit.
Tracy Jerome asked for clarification of where the gravel parking area would be located on the Monty parcel. Tony Cairns indicated that the gravel parking would be behind the current on-site building.
Don Johnston indicated that because of confusion tonight and in keeping with the New Haven regulations, another plan should be submitted for the former Monty parcel showing truck parking, the current building and septic plan. Tony Cairns and Paul Wamsganz both agreed to this.
Donald Johnston made the motion
Tom Boise seconded.
Discussion – Susie Leonard made a motion for an amendment for further review and information to be presented back to the PC board regarding lighting and canopy design.
Allen Karnatz asked if there was a seconded to the amendment. There was none. The amendment died.
Back to the original motion - to approve the site plan as presented with the acceptance of the septic plans, but another site plan must be presented for the southeast parcel (former Monty parcel) across Route 17, showing further development (truck parking, septic fields and existing building) and there will be no parking on the former Monty lot until a plan has been presented and approved by the PC.
Donald Johnston asked that the explanation of the canopy and lighting be explicitly mentioned in the minutes.
Vote: Yes – 6 No – 1 (Susie Leonard) Abstention – 0
Motion carries.
2. Harvey Smith wishes to subdivide his property, located at 2516 Lime Kiln Road, into three lots. This is the first meeting, a continuation of the July 6 meeting, for a major subdivision. 2006-SUB-05.
Donald Johnston recused himself as he is the surveyor for Harvey Smith.
Allen Karnatz indicated tonight the PC will be giving approval on the preliminary plat.
Harvey Smith indicated that Lot #1 was larger than 2 acres; the location of the residence would be back significantly from the road allowing the front of the lot to still be used for agriculture purposes. Lot #2 is where the original farmhouse was located; it made sense to use this again for a residence. Site work for the septic has been done and locations have been identified for the proposed and replacements. There will be a pump station that will pump from Lot #2 up to the primary site.
Open for public comment
Allen Karnatz indicated that this is a RA2 area and the there is sufficient amount of road frontage (200 ft required). Mentioned that the pipe line easement for the septic should be shown on the final Mylar as a proposed 50 foot right of way.
Submittal of one Mylar is fine.
Public comment period closed.
Tom Boise made the motion to accept the preliminary plat as presented.
Jim Walsh seconded
Discussion – none
Vote: Yes – 6 No – 0 Abstention – 1 (Donald Johnston)
Harvey Smith indicated that he would be ready for the September 2006 meeting.
3. Charles Cousino wishes to subdivide his property, located at 1467 East Street, into two lots. This is a continuation of the June 1, 2006 meeting, for a minor subdivision. 2006-SUB-04.
Charles Cousino indicated the septic has been installed on his property and approved by the State. All permits have been approved by the State and are now filed with the Town. The Mylar was presented. The Mylar shows the complete two lot subdivision, well, septic, replacements are all shown.
Opened for pubic comment
None
Public comment closed
Tom Boise made the motion to accept the minor subdivision as proposed.
Mike Sweeney seconded
Discussion – none
Vote Yes – 7 No – 0 Abstention – 0
Carries
4. Thomas Jerome wishes to subdivide his property, located at 4382 Ethan Allen Highway, into two lots. This is the first meeting for a minor subdivision. 2006-SUB-07
Tracy Jerome presented the subdivision plans tonight and explained that they obtained the required 600’ of road frontage for both lots. Lot #1 includes the house and barn and equals 10.59 acres, and Lot #2 will be a vacant lot with 20 acres. They had to obtain a replacement system for the primary residence which will be located on Lot #2 with an easement. The Jerome’s have gone ahead and located the primary and replacement on Lot #2 as well.
Opened for public comment
None
Public comment closed.
Allen Karnatz explained that this is parcel is zoned RA 10 (i.e. needs 10 acres and 600’ of road frontage).
Donald Johnston inquired if the set back for the proposed house is 100 ft. Tracy Jerome indicated that there are no plans to put a residence on Lot #2 at this time. What is located on the sketch plan was just put in that location by the surveyor just to show a residence. But the surveyor is aware that Lot #2 is not being developed at this time.
Jim Walsh made the motion to approve the sketch plan as presented except that the house location shown on Lot #2 is not being approved.
Mike Sweeney seconded
Discussion – none
Vote: Yes – 7 No – 0 Abstention – 0
Carries
5. Francis Sturtevant wishes to subdivide his property, located at 1238 Hunt Road, into two lots. This is the first meeting for a minor subdivision. 2006-SUB-08.
Francis Sturtevant currently has a total 56 acres and would like to subdivide off 2 acres with a 50 foot right-of-way to the remaining acres. The site plan shows the well location and the new proposed septic. The existing septic was not shown on the plan.
Opened for public comment
None
Public comment closed
Donald Johnston indicated the existing septic needs to be sketched on the final Mylar.
Donald Johnston made the motion to accept the subdivision as presented with the existing septic sketched on the Mylar before recording.
Tom Boise seconded
Discussion – none
Vote: Yes – 7 No – 00 Abstention – 0
Carries
6. Beverly Landon wishes to subdivide her property, located on River Road, (Parcel 0767) into two lots. This is the first meeting for a minor subdivision. 2006-SUB-09.
Beverly explained that the access has changed from the original proposed access due to visibility and change of traffic pattern on River Road. The primary entrance will now be from the old swim hole access, no new road cut will be needed. There will an easement up to the lot.
Opened of public comment
None
Public comment closed
There is sufficient amount of road frontage and the pins are in.
Tom Boise made the motion to accept the plan as proposed.
Susie Leonard seconded
Discussion – none
Vote: Yes – 7 No – 0 Abstention – 0
Carries
7. David Colander wishes to subdivide his property, located at 675 Dog Team Road, into two lots. This is the first meeting for a minor subdivision. 2006-SUB-10.
Pat Colander asked for a continuance of this to the September 2006 meeting.
Public Hearing closed at 8:50 PM
Visitors Business
a) Joe and Tamara Boise which to discuss sit plan review and building permit, for the Bill Shafer property (located on Ethan Allen Highway). The Boise’s have received a ZBA conditional use permit. Due to deadlines, Joe and Tamara Boise have come before the PC tonight to seek guidance in the site plan review process and obtain ideas from the board regarding what they need to address before the warned September 2006 hearing.
Joe and Tamara Boise explained they would like to open a motorcycle shop at the Bill Shafer property located on Ethan Allen Highway. They have been in business since 1997 in Bridport, and would like to relocate the business to New Haven. The current restaurant (pizza/creamee area) would become the show room and a proposed addition (as required by Suzuki) in the back the building would become the service area.
Cris Messerly reported the outcome of the Zoning Board of Adjustments (ZBA) hearing. Noise was an issue that was discussed. Lighting was also an issue. Only 20 units (motorcycles) can be displayed during the day. ZBA has agreed on 100 gallons of gas stored on site at any one time. The neighbors have agreed with the conditions set by the ZBA for the Boise’s development.
Susie Leonard would like more information regarding signage at the September 2006 meeting.
Stuart MacCrellish would like more landscaping information presented and how it will be accommodated with the bike display. Tamara Boise indicated that they would be willing to do low landscaping screening so it would not obstruct the view of the motorcycles.
Susie Leonard mentioned that overall landscaping, and landscape screening on the south side of the property was an item discussed with Bill Shafer. Allen Karnatz indicated that landscaping/screening and parking was a big issue with Bill Shafer. Susie suggested that the Boise’s check Bill Shafer’s site plan and the past minutes of the PC to see what was required so the Boise’s could continue with this landscaping.
John Madden asked if Bill Shafer’s parcel would become a land locked parcel. Allen Karnatz indicated that these are two different lots, and the back lot would be accessed through a deeded right-of-way.
Susie Leonard asked about the height of the addition. Joe Boise indicated it match the peak of the existing building. (approx. 20 to 25 feet at the peak).
Jim Walsh mentioned the property boundaries should be shown between the Boise’s and Shafer’s.
The Boise’s will take these suggestions and come back before the PC board at the September 2006 meeting.
b) Martha Evart wishes to discuss subdividing and boundary line adjustment of her land at 7493 Ethan Allen Highway.
Tom Wallace from Wallace Realty represented Martha Evart tonight. This property is located in a Highway Commercial Zone and needs an additional 4 feet of road frontage to legally do the subdivision. The neighbor has given a letter of intent to give up 5 feet triangle of their road frontage so Martha Evart would have enough road frontage (200.45 feet/each lot) to subdivide.
Allen Karnatz indicated that this would be boundary line adjustment off the property located to the north and then a subdivision for the Evart’s property. Donald Johnston asked if the property owner to the north knows that this action may require him to show a replacement septic for his property. Tom Wallace will check on this.
Donald Johnston did not feel the PC can approve a boundary line adjustment until a new deed has been drawn up. Discussion commenced on legality of doing a boundary line adjustment and then doing the subdivision.
Tom Boise mentioned that the dual procedure was used when he subdivided and did a boundary line adjustment on his property a few years ago.
Susie Leonard made the motion to warn the boundary line adjustment to the September 2006 meeting.
Tom Boise seconded
Vote: Yes – 7 No – 0 Abstention – 0
Carries
Susie Leonard made the motion to warn the subdivision to the September 2006 meeting.
Tom Boise seconded
Vote: Yes – 6 No – 1 (Donald Johnston – opposed the procedure setting a precedence of doing two things at once) Abstention – 0
Carries
Other Business
John Madden indicated that the Zoning By-Laws Civil Action Suit is in Superior Court docket # is 153-7-06 ANCD.
Visitors Business closed at 9:30 PM
2. Review of July 6, 2006 Minutes
There was no discussion regarding the July minutes.
Allen Karnatz made the motion to accept the minutes as presented.
Vote: Yes – 5 No – 0 Abstention – 2 - Mike Sweeney
Jim Walsh
3. Correspondence
Water Supply Permit for Jim McGrath
Close out on the planning grant
Wastewater deferrals and permits for Tom Jerome
Addison County Regional Planning Commission - confirmed New Haven’s town plan
VELCO – Pole height
Sequins – South Street
4. New Business
a) Discuss PC rule procedure reference, joint meeting with the ZBA. Meeting to occur, when applications required approval from both groups is needed.
Cris Messerle indicated the ZBA felt they and the PC should meet together when circumstances required a decision by both boards. This would be beneficial to the boards and to the applicant. There was discussion as to the pros and cons on this concept, and how it would work. Some members of the PC were in favor of the two boards meeting together as needed. Nothing definite was decided tonight.
b) Discuss PC rule procedure reference, continuation of hearing(s) due to the applicant’s failure to provide necessary documentation.
Cris Messerly would like to back up the number of days that applicants need to submit to him items for the upcoming meetings. Due to media constraints it is difficult to make the deadlines for public notice. Discussion commenced on this subject. It was decided the applicant can have one month continuance (with no additional charge) if the 15 day deadline was missed. If further deadlines are missed the applicant will be charged the whole warning fee.
5. Old Business
Cris Messerle indicated that the RV center has begun their landscaping, trees have been planted and the curbing installed. There may be a change regarding what will be planted in the curbing to gray blue stone and annuals, due to road salt issues.
Other Business
Further discussion about boundary line adjustments vs. the subdivision procedure was brought up by Donald Johnston. Tom Boise indicated the precedence on approving a boundary line adjustment and subdivision at the same meeting has already been set. Donald Johnston felt that approval of a subdivision on something that is not owned is not right.
Tom Boise has talked with the Burt Allen and Amos Roleau and received approval for printing of the new regulations. Allen Karnatz will ask Addison County Regional Planning office to page set the regulations to be printed in booklet type style.
Allen Karnatz made the motion to adjourn
Tom Boise seconded
Vote Yes – 7 No – 0 Abstention – 0
Carried
Meeting was adjourned at 10:20 PM
Meeting was Reopened at 10:25PM
The Dunbar petition report for submission to the Select Board was voted on.
Vote: Yes – 5 No – 0 Abstention (absent) – Susie Leonard
Stuart MacCrallish
Passed
Meeting was adjourned at 10:30 PM
Respectfully submitted by:
Karen Gallott