Town of New Haven Back to Home
New Haven Planning Commission
New Haven Town Hall
April 5, 2007
Members Present: Alan Karnatz, Lisa Sanchez, Mike Sweeney, Stuart MacCrellish, Susie Leonard, George S. Apgar
Member Absent: Jim Walsh
Staff Present: Cris Messerle, Zoning Administrator
Guests: Mark Smith, Bret Knapp, Scott LaFave, Brian Goodyear, John Madden,
Tony Stout, Mike Dunbar, Richard Esty, Catherine Esty
Alan Karnatz called the meeting to order at 7:00 PM
Public Hearing:
1. Mark Smith wishes to present his proposed 5 lot commercial subdivision to be located on Ethan Alan Highway, Parcel #612.2; File #2007-Sub-1.
Mike Sweeney recused himself as he is an abutting landowner.
Mark Smith and Tony Stout (from Heindel & Noyes) presented the plan for a PUD subdivision for a total of 6 lots. One lot on the southern end of the property being located in the industrial zone, the remainder 5 lots located in the commercial zone. Lot #1 reflects the majority of the property (most of the land will be conserved) and a building envelope; Lots 2-6 will have small building envelopes with the opportunity that 2 lots may be combined into a single lot). Mark Smith is looking into and has had a conversation with Middlebury Area Land Trust (MALT) regarding the conservation of the meadow area along Route 7, the wetland (class 3) and woods (Located in residential zone) to the rear of the property. The woods will also support an agriculture barn and community mound septic system. At this time there is nothing affirmative regarding the conservation of land with MALT.
Mark Smith is hoping to find an easement holder for the conservation land and questioned the Planning Commission (PC) if the Town might be interested in holding an open space agreement with the option that the agreement could be transferred to MALT when time comes.
Susie Leonard preferred that MALT or a similar non-profit hold the open space agreement/easement as it would be difficult for the Town to enforce. Mark Smith indicated that he did not want to hold up progress on this plan while awaiting word from MALT, and hoped there might be other ways to address this situation.
Stuart MacCrellish would prefer that the Town hold the open space agreement for the interim so as not to pass up an opportunity to control this area, until a transfer could be made.
Lisa Sanchez asked about additional expenses to the Town if the Town held the open space agreement. Alan Karnatz indicated there probably won’t be additional expense, and as for the Town holding the open space agreement it would need to be discussed with the Select Board and Town’s Attorney, Jim Ouimette.
Mark Smith and Tony Stout agreed to write up an open space agreement draft to present to Jim Ouimette.
A question was asked about the septic system and the number of employees it could serve. Mark Smith indicated that the system could service a total of 26 employees. Susie Leonard questioned the control of the number of employees. Mark Smith indicated that each lot would be deeded a certain number of employees and enforcement would be up to the individual lot owners. Cris Messerle didn’t feel comfortable with this arrangement as the lot owners would probably push the employee limit; also transient employees (sales persons/delivery person, etc.) are not counted in the 26 figure. Tony Stout assumed that the State would be responsible for enforcement.
Opened for Public Comment:
John Madden asked about locating the access to this property through the State Police property, and where did this discussion stand. Tony Stout indicated that they were trying to get a letter of intent from AOT concerning the egress/ingress that he and Mark Smith prefer (directly off of Route 7), versus using the State Police Drive. The Norris’ would also have to grant the proposed commercial subdivision a ROW because their land lies between the two parcels.
John Madden presented a handout to the PC. This handout summarized concerns regarding; security issues and its increase to the Town’s property taxes; traffic ingress/egress issues; wetland issues; lack of agricultural lands and fire protection. In summary, John did not approved of this application.
John Madden also indicated that his case against the revised New Haven Zoning Bylaws is still pending in Superior Court.
Public Comment Closed
Mark Smith indicated that he would retain ownership of Lot #1 and it would be his timber frame company, and he would continue to use the open area for agriculture.
Cris Messerle indicated that he sent site information to the New Haven Fire Chief for his review. As of this date Cris had not heard anything from him.
Discussion commenced on the timeframe for presenting a Site Plan and did this need to be reviewed and approved prior to infrastructure construction. Alan Karnatz indicated that the site plan could include the main ingress/egress and sidewalks. In the future, each individual lot owner would have to come before the PC for their own site plan review.
Susie Leonard made the motion to approve the preliminary plan as presented with the following:
Stuart MacCrellish seconded
Discussion –Tony Stout indicated that they should be ready to come to the PC at the June 7, 2007 meeting. In the meantime Mark Smith and Tony Stout will get a draft to Cris Messerle regarding the open space agreement and Cris will make sure that a representative from the PC is on the schedule for the next Select Board meeting.
Vote: Yes – 5 No -0 Abstention – 1 - Mike Sweeney
Motion carried
2. Richard Esty wishes to subdivide his property located on Quarry Road into two lots. Parcel #0108; File #2007-SUB-2.
Lisa Sanchez recused herself as she is a direct neighbor to the Esty’s.
Richard Esty indicated that this was a final hearing and the pins are in. The Mylar presented tonight is the final version.
The Esty’s have met with the Town Road Commissioner for a curb cut. There was discussion about whether the Esty’s are allowed to put in a culvert and to improve the access without a building permit. Cris Messerle will check with the Town Road Crew as to who the responsible party would be (Town or land owner) to do this work. Typically, the Town does the work and they bill the landowner.
Opened for Public Comment
None
Public Comment Closed
Mike Sweeney made the motion to approve the Mylar as presented
Susie Leonard seconded
Discussion – none
Vote: Yes – 5 No – 0 Abstention – 1 – Lisa Sanchez
Motion carried
3. Hilltop and RV Center requests a site plan review for their proposed construction of a new service garage and additional parking area. Site located at 7404 Ethan Alan Highway. File #2007-SPR-02.
Steve LaFave, Vice President and General Owner of HillTop, and Brett Knapp, General Manager, presented a sketch plan to construct a 60 x 80’, building with a three (3) bay door on the front side and a two (2) bay door on the back side with a pull through garage. The height of the building would be approximately 26-28 feet. This building would include a bathroom, office area, overhead storage and utility room. In addition they would like to fill in the area to the south of this garage to make a large parking and turnaround area.
Scott LaFave indicated that they have talked with Mrs. Rita Booska. Mrs. Booska lives across from the property. She did not have any major concerns other than potential blockage of her view. Scott has also talked with Mr. Bob Beach owner of the motel property to the north.
Scott LaFave indicated that they have complied with all conditions from previous permits and/or site plan reviews.
Opened for Public Comment
Brian Goodyear presented a letter from Mr. Bob Beach indicating that Brian was acting as Agent for Mr. Beach and the Basin Harbor Club (BHC). The letter indicating Brian Goodyear as agent for Mr. Bob Beach/BHC will be filed with this application for future reference.
BHC wanted to bring to the attention of the PC and HillTop RV owners that the parking pattern of recreational vehicles creates a blind spot for BHC employees pulling out of the southern exit of the motel on to Route 7.
John Madden recalled from the prior approved site plan a specific placement of vehicles on the lot.
Scott LaFave indicated that the original permits for the property did not list a maximum number of coaches for the property. Stipulations that were mentioned on the original permits were:
Karen Gallott mentioned at the time of the original application, HillTop RV indicated that repairs and maintenance to the units would be done off site. With this request to build a garage, does this mean repairs/maintenance to the units will now be done on site?
Scott LaFave explained that the garage would service the tow-able units not the motorized units. Tow-able unit problems could range from window leaks, water leaks, floor leak, cabinet/door fixtures, etc. Motorized units that have problems with their motors/chassis/transmissions, etc. would go back to the dealer/manufacturer of the chassis for repair.
Public Comment Period Closed
Susie Leonard indicated that more detail on the site plan was needed. What areas were to be paved, what areas to be used for parking and what areas will be grass. She also felt strongly that contours needed to be shown due to the terrain of the property and how the fill will affect the existing septic system. Susie asked what the “new parking area” meant. Scott LaFave explained that this area would be usable for RV service and to park/show/store the extra units. Another issue Susie Leonard questioned was the floor drain in the garage and will there be hazardous materials flowing out of the drain to the wetlands located down stream from the property.
It was decided that the PC would make an on-site visit to HillTop RV on Saturday, April 14, 2007 at 8:30 AM. It was suggested that before the PC on-site visit, HillTop RV stake the building layout and install stakes that will show the depth of fill.
Prior to coming before the PC again, Hilltop RV needs to have a site map that includes:
Cris Messerle indicated that the original site plan was approved for 33 or 34 parking spaces and he assumed that there would be no additional units on the site.
There will be continuance of this public hearing at the May 3, 2007 PC meeting and a site visit was scheduled for Saturday, April 14 at 8:30 a.m. and all PC members were encouraged to attend.
The Public Hearing Portion of this meeting closed at 9:00 PM.
Visitors Business
a) Brain Goodyear acting as agent (letter presented) for the Drexler property located just past the Fire Station at 1960 Main Street (the south side of Route 17). The Drexler’s are looking to downsize and build a smaller house and thought a subdivision might be a solution to keep the land within the family. This 80 acre lot currently has a 3-bedroom dwelling is a nonconforming lot with 266 feet of road frontage. In accordance with the second section of Section 502, Brian proposed a 10 acre subdivision for an interior lot, but was open to suggestions and guidance from the PC on how they would interpret Section 502 of the regulations.
The main concern is the lot does not have sufficient amount of road frontage. Lisa Sanchez asked if they are planning on making eight 10 acre lots; Brian said no because they are limited by the CVPS transmission line and part of the land is zoned in the Forest District. Lisa Sanchez and Susie Leonard indicated that they would feel more comfortable with a written statement indicating there would be no further development/subdivision if this subdivision was approved.
Brian asked how the PC has viewed in the past, the section in the regulations for non-conforming lots. Alan Karnatz indicated non-conforming lots in the past have been handled with boundary line adjustments and not via a waiver. It was suggested that if a Mylar was presented with a condition indicating no further subdivision for both lots, the PC might approve this configuration but no guarantees were given.
Lisa Sanchez indicated that Brian should also explore the option of moving the boundary line.
Brian will explore all the options presented to him tonight.
b) Michael Dunbar asked when a public hearing was scheduled regarding the change of zoning to reflect the new change of Town Plan.
Alan Karnatz briefly explained that the Town Plan now reflects highway commercial for 3 parcels along the westerly side of Route 7, and now the Zoning Regulations need to be changed to reflect this change in the Town Plan. The Select Board may vote at their meeting to adopt the change but only after two public hearings have been held. The first public hearing needs to be held by the PC – which was scheduled tonight for next regularly scheduled PC meeting on May 3, 2007.
The second public hearing will need to be scheduled by the Select Board. Michael Dunbar should contact Pam Kingman, the Select Board assistant, to make sure this public hearing is scheduled.
Michael asked when a site plan could be presented. Alan Karnatz indicated that the site plan could be presented at the June or July 2007 PC meeting. The actual date depends on and when, all the hearings are completed and when the Selectboard votes to amend the regulations, if there are no appeals.
Michael Dunbar asked if a change of use could be done for the log style building to go ahead and use it for an office, prior to the final vote to change zoning regulations. Alan Karnatz indicated No, not until the zoning regulations have been officially changed and Michael Dunbar will also need to address Act 250 regulations because they are now a highway commercial use.
c) Steve Dupoise presented a proposal which he will formally present to the PC at the May 3, 2007 meeting, for an additional business to be located at his Ethan High Storage site located on Route 7. The proposed business would locate a 30,000 gallon propane storage tank. This tank would be located on the westerly side and behind the new storage building Steve Dupoise recently erected. Steve Dupoise has talked with abutting property owners (but has not yet contacted Middlebury College, Home Health and Sugar House Motel). The owners he has talked with have no objections.
Susie Leonard asked on average how many truck trips will there be on a daily basis. Steve Dupoise indicated there would be 3 transport truck deliveries per week and approximately 13 trips/week for the home delivery truck.
Cris Messerle asked if the leaser should come before the PC when they are ready to do their site plan, or would it be the owner of the property that needs to present the leaser's site plan to the PC. Alan Karnatz felt it would be OK if the owner of the property came before the PC with a site plan but a representative from the propane business would also be helpful.
End of Visitors Business
New Business
Regarding the public hearing for the change of zoning regulations scheduled for May 3, 2007, it was decided to add; an amendment to change the set back requirements for Village Commercial property.
Review of Minutes
Alan Karnatz made the motion to approve the March 1, 2007 PC minutes.
Susie Leonard seconded
Discussion – none
Vote: Yes – 2 No 0 Abstention – 0
Motion carried. Only 4 members attended the March meeting; Alan Karnatz, Susie Leonard, Donald Johnston and Tom Boise. Johnston and Boise have since resigned so a super majority of the current members that attended the meeting can approve the minutes.
Correspondence
Grant account statement
Jim McGrath’s Certificate of Service – Act 250
VELCO correspondence
Jeff Green letter regarding Jim McGrath’s Act 250
Monkton Town Plan
Alan Karnatz made the motion to adjourn
Stuart MacCrellish seconded
Discussion – none
Vote Yes – 6 No – 0 Abstention – 0
Motion carried
The meeting adjourned at 10:30 PM