Town of New Haven Back to Home
New Haven Planning Commission
New Haven Town Hall
October 5, 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: Charles Smith, Michael Dunbar, Bill Shafer, Catherine Esty, Richard Esty, John Madden
Allen Karnatz called the meeting to order at 7:00 PM
There were no warned public hearings.
Visitors Business
1. Richard and Catherine Esty, wish to discuss a subdivision sketch plan.
The Esty’s property located at 650 Quarry Road is in RA-2 and they wish to subdivide off 2 to 3 acres at the far end of their property and the Esty’s are aware of the set back. The Esty’s know that they will have to find a replacement septic system for the existing residence and a septic primary and replacement for the new lot. The Esty’s came before the Planning Commission (PC) first to find out how they should proceed with this subdivision.
Allen Karnatz confirmed that this parcel is located in a RA-2 zone and asked the Esty’s what their time frame was. The Esty’s indicated that they were possibly looking at November.
It was indicated to the Esty’s that the survey and soil testing could be done before coming back to the PC with a sketch plan and there was no time limit as to when a building need to be completed on the new lot. Jim Walsh mentioned to the Esty’s that they should make sure there was plenty of isolation distances between the well and septic for the new lot.
Allen Karnatz indicated that there is only one public hearing, as this is a minor subdivision, and there is a 30 day appeal period after the subdivision is approved. The Esty’s will contact the Zoning Administrator (ZA) when they are ready to warn for a public hearing.
2. Charles Smith of New Haven Mills came tonight because he is interested in subdividing off 2 acre lots from his main parcel (lot #135).
Charles must maintain 200’ of frontage for the new lot. A deeded right of way may need to be done to address adequate road frontage for the lots.
Charles Smith is not interested in building on the new lot at this time. Allen Karnatz indicated that the subdivision will trigger with the State, location of a primary and replacement septic system for the new lot and location of a replacement septic system for the existing lot. Charles Smith asked if the subdivision would trigger this septic requirement now for the existing house. Allen Karnatz indicated yes.
Don Johnston indicated the first step that Charles Smith should do is to hire a site technician and do soil testing for the septic systems, then do the survey.
Charles Smith will come back at a later date to schedule a warned hearing on this subdivision.
3. Michael Dunbar asked about the status of his petition (RE: to amend the Town Plan to change the Zoning By-laws) that was submitted to the Select Board.
Allen Karnatz indicated the after the PC hearing on the petition it went to the Select Board (SB). The SB felt it needs more time and are looking at presenting the petition to the Town in March 2007 at Town Meeting.
Allen Karnatz proceeded to read a response from Paul Audy of the SB, dated October 3, 2006. This response from SB requests that the PC put the petition into a format of an Article to be presented to the Town for voting.
Mike Dunbar indicated that he would like the Article to mention that the highway commercial division is along the Route 7 side. This way the Town knows what it is voting on.
The PC proceeded to write the Article to be resubmitted back to the SB. This Article will be voted on in March 2007 at town meeting for voting by Australian ballot. Donald Johnston clarified that this would not be voted on in the November 2006 ballot. Allen Karnatz indicated that this was true.
4. Bill Shafer presented a copy of the future land use proposal that was proposed for 2003 elections but was never passed. Bill Shafer recently sold his front lot (along Route 7) to the Boise’s/Cyclewise. Currently the commercial set back is 320’ feet from Route 7, the Boise’s lot, goes back only 280 feet. Leaving a 40 foot strip of commercially zoned land on Bill Shafer’s present lot. Bill would like to add acreage to this 40 foot strip and create a 1 acre commercial lot 620 feet parallel with Route 7, this lot would include his existing residence, so a home occupation of a music store could be done. The new proposed commercial lot would have no frontage on Route 7. Bill is asking for direction from the PC on how to proceed to have this adopted. Bill would like to piggy back this change of the Town Plan to Mike Dunbar’s petition to go before the voters in March of 2007.
Susie Leonard indicated that the commercial depth was set for a reason. She saw no justification or reason to extend the depth of the commercial zoning now and it did not seem consistent with the planning to date. Bill Shafer asked what the reason was for the proposed extension of commercial depth back in 2003. Allen Karnatz indicated that only he and Jim Walsh were the only PC member’s present back in 2003 and neither of them could recall what the decision was at that time.
Bill Shafer presented a Zoning Board of Adjustment (ZBA) zoning regulation that was proposed but rejected. Discussion was had on the Town Plan vs. Zoning. It was also mentioned if Bill proposed to do retail sales for the music store then than would not be a home occupation.
Cris Messerle indicated that if Bill wanted to expand the depth of the present commercial zoned district along Route 7 to include the neighboring parcels north of his property to the Horn’s property, Bill would need to get the neighbors to support Bill’s proposal. If the neighboring businesses do not support this proposal, then the petition would only be for Bill Shafer’s lot and this would be looked at as spot zoning.
After some discussion, Bill felt it would be to his benefit to do a petition to change his entire 15 acres into commercial, and then proceed with commercial subdivisions at a later date. Bill would piggy back this petition onto Mike Dunbar’s petition for voting on by the Town in March 2007.
Mike Dunbar asked if this would be two separate petitions for the town to vote on. Allen Karnatz indicated yes it would be two separate petitions.
End of Visitors Business
2. Review of September 20, 2006 PC minutes.
The minutes of the September 7, 2006 PC meeting were approved at the September 20, 2006 meeting.
Allen Karnatz made the motion to accept the minutes for the September 20, 2006 meeting as presented.
Susie Leonard seconded.
Discussion – correct the name of ? Wallace to Chauncy Wallace
Vote Yes – 6 No – 0 Abstention – 1 (Jim Walsh)
Carries
3. Correspondence
4. New Business
a)Cris Messerle talked about having a new form for people to sign if they are interested in discussing a certain hearing at the PC meetings. He will proceed with this.
b)Cris Messerle indicated that the SB has approved money (up to $300) for binding and printing of the new PC regulations.
c)Cris Messerle went to the SB at the request of the PC – RE: when someone indicates they are ready for a hearing and then decide they are not ready, the PC gives them that hearing and one more hearing. If they do not shown at the next meeting then they are required to pay again. The SB approved this new schedule and changed the fee schedule.
d)With regard to the Cyclewise (Tamara Boise), Cris Messerle went to Garrett Baxter, VT League of Cities & Towns for advice. The ruling was that the Zoning Administrator (ZA) is separate from the PC. Appeals can run concurrently. The ZA needs to get in writing from the PC what the site plan approval is, and the ZA should not issue any permits until he has received the site plan approval in writing from the PC. Upon receipt of the written site plan the ZA can then issue the required permits.
e)As outlined above (in item d) Cris Messerle did not feel he needed to come to the PC meetings in the future. He will make sure all preliminary work is done prior to the meetings. Allen Karnatz valued Cris’ input and his lack of presence at the PC meetings will be a loss. Donald Johnston encouraged Cris to continue to come to the meetings.
Old Business
None
Susie Leonard made the motion to adjourn
Allen Karnatz seconded
Discussion –none
Vote Yes – 7 No – 0 Abstention – 0
Carries
The Meeting adjourned at 8:40 PM
Respectfully Submitted
Karen Gallott