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New Haven Planning Commission

New Haven Town Hall

December 7, 2006

Members Present:      Allen Karnatz, Donald Johnston, Susie Leonard, Stuart MacCrellish

Members Absent:        Jim Walsh, Tom Boise, Mike Sweeney

Staff Present:  Cris Messerle, Zoning Administrator (ZA)

Guests:                       John Madden, Pete Bolduc

Allen Karnatz, Chairman called the meeting to order at 7:00 PM.

Public Hearing:

There were no warned items for the public hearing.

1.         Visitors Business

Pete Bolduc was seeking information with regard to the July 1, 2007 septic regulations from the Agency of Natural Resources (ANR).  It was suggested that Pete Bolduc contact Rick Oberkirch, for more information.

2.         Review of November 2, 2006 Planning Commission minutes.

There was not a quorum tonight to vote on the minutes.  Approval of the November 2, 2006 minutes will be postponed until the January 2007 meeting.

3.         Correspondence

a)      Septic permit approval for the Skeffington lot.

b)      Bank statement

c)      ANR permit for approval of a 4-bedroom house on 12 acre lot for Skeffington

d)      VELCO correspondence

e)      Regional Planning Commission Agenda

f)        Wastewater treatment permit for new well location at Field Days

g)      VT Marble (OMYA) notice of re-licensing the hydroelectric project at Beldon Falls Station with a 5 question survey (PC felt this was more a Select Board issue and will pass it on)

4.         New Business

a)                  Cris Messerle, Zoning Administrator (ZA) informed the Planning Commission (PC) of the recent activities at the VT Railroad site at New Haven Junction.

Don Clark a long distance hauler for agricultural products out of Vergennes, for the past 2 weeks has been using the former JR’s building at the VT Railroad site at the New Haven Junction, for mixing grain and drying agents with bulk cereals for feeds.  Brian Elthorpe (Phoenix Feeds) previously mentioned to Cris Messerle, that Don Clark maybe a possible lessee for the North Street site.

Cris Messerle placed a telephone call to the VT Railroad attorney (Eric Benson).  As of tonight, has not received a return phone call, and Cris does not expect to receive a call back.  Cris Messerle has also spoken with the Town Attorney, Jim Ouimette, regarding who to contact regarding the violations at this site, Don Clark or VT Railroad.  Jim Ouimette indicated Don Clark.  Cris Messerle has contact Don Clark by phone, Don mentioned that he did not have a lease, and he is grinding the mixture to sell.  Cris mentioned that Don Clark needed a lease to begin, along with the necessary permits to operate.  Cris and Don were to meet today, but Don did not show.

Susie Leonard indicated to Cris that violations should be addressed to the property owner (Vermont Railroad), who is responsible for use on site.  Susie also asked if the zoning regulations have any method of enforcement regarding fines.  Cris Messerle indicated yes.  Cris will proceed with sending out the necessary written, certified, correspondence to VT Railroad.

Donald Johnston asked if the Select Board was receptive to Cris Messerle’s explanation of this situation. Cris indicated that they were.

Stuart MacCrellish asked for clarification regarding his thoughts on VT Railroad and what the representatives of VT Railroad proclaimed at the April 2006 PC meeting, was that VT Railroad was not subject to Town regulations and VT Railroad is under the jurisdiction of Federal Law.  Cris Messerle and other PC members indicated that this was not true; VT Railroad is subject to town regulations.

b)                  Town Plan.  Allen Karnatz mentioned that the PC should wait until after the Town vote on the Dunbar petition before taking on the rewriting of the Town Plan.  Allen asked Cris Messerle to check with the Select Board to make sure they hold their meeting regarding this petition in a timely manner, so as not to miss the March vote.

c)         Road Access Permits – Cris Messerle will not provide a Certificate of Occupancy if the property owner has not installed the road access in accordance with the specifications set forth by the Road Commissioner.

5.         Old Business

            John Madden mentioned that the Bylaws case was still in Superior Court.

Susie Leonard made the motion to adjourn

Allen Karnatz seconded

Discussion – none

Vote                 Yes – 4                        No – 0              Abstention – 0

Motion Carries

The meeting was adjourned at 7:45 PM

Respectfully Submitted By

Karen Gallott