New Haven Planning Commission
New Haven Town Hall
July 5, 2007
Members Present: Allen Karnatz, Susie Leonard, Stuart MacCrellish, Mike Sweeney, Lisa Sanchez, George S. Apgar
Members Absent: Jim Walsh
Staff Present: Keith Hall for Cris Messerle, Zoning Administrator
Guests: Debbie Fortier, Ray Fortier, Pat Paquette, Tom Mansfield, John Madden, Carl Cole, Sage Paquette, Tony Stout, Mark Smith
Allen Karnatz, Chairman called the meeting to order at 7:00 PM.
Public Hearing
1) Raymond Fortier wishes to subdivide his property into two lots. Said property is located at 216 North Street. File #2007-SUB-05.
Raymond Fortier indicated that any septic issues have been addressed and taken care of, the survey has been completed, pins are in and the locations noted; marked both on the property and on the survey. Raymond mentioned that a proposed separate well will be drilled for Lot #2 but it was not shown on the Mylar he presented this evening. Allen Karnatz explained that having the proposed well shown on the Mylar would guarantee that the isolation distances are met. Allen requested Raymond to go back to the surveyor and ask to have the proposed well location for lot #2 added to the final Mylar.
Open for Public Comment
John Madden asked if the new lot #2 met current zoning regulations for this area.
Allen Karnatz indicated that yes it did, the new lot was 11.0 acres.
Public Comment Period Closed
Allen Karnatz requested that prior to recording, the surveyor add the proposed well location for Lot #2 on the final Mylar.
Mike Sweeney made the motion to approve the subdivision but prior to recording the final Mylar; the proposed well location for Lot #2 must be shown.
George Apgar seconded
Discussion – none
Vote: Yes – 6 No – 0 Abstention – 0
Motion carries
2) Donald Johnston wishes to subdivide his property into two lots. Said property is located at 216 South Street. File #2007-SUB-06.
Applicant has withdrawn his application due to poor soils test. There is no continuation of this application.
3) Dyno Nobel Inc. requests a Site Plan Review to designate an additional area for the storage of explosive material. The property is located in an Industrial Zoning District, at 1605 Town Hill Road. File #2007-SPR-07.
Pat Paquette represented Dyno-Nobel Inc. tonight. Dyno-Nobel indicated following federal regulations, the designated area for explosive storage could hold 6 magazines without berming. Or, they could add up to 10 magazines (maximum amount) with berming. This would make each magazine 112 feet apart and about 450 feet all the way around each section. Dyno-Nobel does not want to do berming.
The extra magazines would be trailers on wheels that would be hauled to the site, the wheels would be removed and the trailer dropped off. When empty a full trailer comes in is dropped off and the empty trailer is hauled away.
Lisa Sanchez mentioned that there are Federal Regulation Guidelines that Dyno-Nobel needs to follow. Allen Karnatz agreed that the Planning Commission (PC) could not override Federal Regulations.
Allen Karnatz asked if this hearing was for approval of 6 or 10 new magazines and if the locations of the new magazines could be put on a map to better show what Dyno-Nobel has in mind.
Opened for Public Comment
John Madden mentioned that the land to the south of Dyno-Nobel, Inc. has been designated a scenic area and is in land trust. John would like to see trees planted to screen Dyno-Nobel's magazine area.
Pat Paquette indicated that a certain distance around each magazine needs to be maintained to prevent fire hazards.
Lisa Sanchez did not think trees would screen the area effectively.
Public Comment Period Closed
Susie Leonard expressed her concern about the lack of detail and feels that the site plan tonight is not adequate. She is not sure that the existing magazines are shown and definitely would like to see the locations of the proposed magazines shown on the site plan.
Pat Paquette asked if the PC considered the magazines (trailers) structures. Susie indicated that she considers them structures as the wheels have been removed and they are sitting on the ground. Therefore, she would like to see the magazine locations on the site plan. This would also help the Zoning Administrator (ZA) with enforcement of the site and the public and abutters to the property would know what to expect on this site.
George Apgar asked if screening would compromise security on the site. Pat mentioned that screening would definitely be a fire hazard and could compromise security. Pat then explained all the security measures that Dyno-Nobel, Inc. is currently undertaking.
Mike Sweeney and Lisa Sanchez both felt that screening is not a large concern and felt that the site would be better off security wise not screened.
Mike Sweeny asked again how many total magazines the PC was being asked to approve tonight. Pat Paquette mentioned 6 magazines spaced approximately every 254 feet apart.
Discussion ensued on the locations of magazines and distances between each magazine. Allen Karnatz asked Pat to confirm that the PC was approving 6 additional magazines for the Dyno-Nobel, Inc. site. Pat Paquette indicated that 6 magazines would be plenty BUT he would prefer to set magazines every 254 feet apart around the circle road, Pat then changed the distance footage from 254 feet to 250 feet distance this would then equal 9 additional magazines.
Allen Karnatz confirmed that it will be 9 additional magazines that the PC would be approving at tonight site plan.
George Apgar asked if the ZA would count the empty magazines/ trailers as part of the 9 additional. It was indicated that yes the ZA would count the empties.
Mike Sweeney made the motion to approve the site plan for a total of 9 new magazines; spaced a minimum of 250 feet apart on the proposed new roadway with a maximum length of 40 feet for each magazine/trailer.
Stuart MacCrellish seconded
Discussion – none
Vote: Yes – 5 No – 1 Abstention – 0
Motion carries
4) Margo Merritt requests a Preliminary Plat hearing to create, a three lot Plan Unit Development on her property located at 2622 North Street. File #2007-PUD-04.
Carl Cole was representing Margo Merritt tonight. Carl mentioned that a 55 foot right-of-way along the eastern boundary of what is now Lot #1B to access Lot #1A will be added to the final Mylar. Carl would like to renumber the lots so that Lot #1C will become Lot #1A as this is what is left of the original property. Water for each lot will be individual drilled wells and the septic systems and replacement systems will all be located off site on another lot owned by Margo Merritt.
Open for Public Comment
Allen Karnatz mentioned that this is a major subdivision requiring 2 hearings and tonight was the first hearing.
John Madden mentioned that the Zoning Bylaws case is in District Court, case #1:07CV-111.
Public Comment Period Closed
Susie Leonard wondered if the PUD waived the 10 acre minimum. Carl Cole indicated yes. Susie then asked if there were any other waivers, Carl mentioned there were none.
Allen Karnatz indicated a notation should be made on the Mylar regarding an open space agreement. Carl Cole agreed to do a draft deed for approval by the PC at the August 2, 2007 meeting indicating that there will be no further subdivisions of these parcels.
Susie Leonard made the motion to move this to a final hearing at the August 2, 2007 PC meeting with notations on the Mylar's and in the deed that there will be no further subdivisions of these properties.
Mike Sweeny Seconded
Discussion – Allen Karnatz mentioned there should be notation on the survey notes that the wastewater is located off site.
Vote: Yes – 6 No – 0 Abstention – 0
Motion carries
Carl Cole will ask the surveyor (Ron Larose) to put the pins by before the August PC meeting.
Susie Leonard mentioned that there were some notes on the map that were out of date. She asked Carl to make sure all notes on the Mylar are appropriate, accurate and up to date.
5) Deer View, LLC requests a final plat hearing to create a 6 lot commercial/industrial Plan Unit Development. Said property is located on Ethan Allen Highway immediately south of the State Police Facilities.
Mike Sweeney recused himself as he is an abutter to this property.
Tony Stout from Heindel & Noyes and Mark Smith were present tonight. Tony asked for approval from the PC tonight for infrastructure so they can move forward once they have the Act 250 and State Permits.
Tony indicated that the layout shown has not changed from before, except that the storm basin and service road are now located on Lot #1. Tony explained the storm basins and swales designed throughout the site plan. There is landscaping (hardwood trees) located every 50 feet along the western edges of the lots facing Route 7 plus each landowner will do their own lot landscaping. Building coverage cannot be more than 25% of the building envelope. Paving cannot exceed 50% of the lot. Lighting will be limited and must be downcast and shielded. Signage there will be a ground sign by Route 7, a directional sign in front of lot 3 and then a sign in front of the individual businesses buildings. Septic is advanced treatment systems that pump to a septic tank that pumps to a common distribution station which in turn pumps to the mound in the back of the property. Road maintenance, septic and storm water will be equally shared maintenance amongst the land owners.
Tony explained that the open space agreement applies only to lot #1.
Opened for Public Comment
John Madden asked about fire protection facilities. John expressed his concern regarding traffic safety along this section of Route 7, John also passed out a handout regarding past traffic accidents along this section of Route 7. John also expressed his concern regarding public health and safety and hazardous conditions with this subdivision and Town liability. John does not feel the PC should approve this application.
Tony Stout raised an objection that John Madden was not an interested party as he is not an abutter to the property or directly impacted by this project.
John Madden indicated that he was an interested party via State and Town Regulations.
Public Comment Period Closed
Discussion commenced to the Open Space Agreement. Allen indicated that he met with the Select Board at their last meeting but did not have a document to present to them at that meeting. Allen suggested that with the document that Tony Stout presented to the PC tonight, copies should be given to the Select Board for review prior to the next Select Board meeting. Then members of the PC, Mark Smith and Tony Stout should present themselves at the next Select Board meeting (July 17th) to implement discussion. It was the opinion of the PC that Select Board approval should be given first prior to PC approval.
Regarding fire protection Tony Stout will check with the New Haven Fire Chief and follow up with the ZA regarding the findings.
This hearing will be continued to the August 2, 2007 PC meeting.
6) Continuation of the New Haven Storage & Transfer site plan review.
No Show – This will need to be re-warned.
7) Continuation of the Hilltop Auto and RV site plan review.
No Show – this will need to be re-warned.
Public Hearing Portion of this meeting closed at 9:15 PM
1. Visitors Business
a) Tom Mansfield introduced himself. He was here tonight as an observer and new co-owner of the Dog Team Tavern property. He also asked about the Dog Team property and its reuse. Allen Karnatz indicated there is now 2 years to reinstate a non-conforming use. Discussion commenced regarding the length of time to rebuild vs. beginning of use. It was decided that a ruling would be up to the Select Board.
2. Review of Minutes
Susie Leonard felt the section on Dyno-Nobel, Inc. was unclear in the June minutes. She did not feel it was clear if Dyno-Nobel was seeking an extension or not. There was discussion on this and the minutes were re-read. The minutes will stand as written.
Susie Leonard made the motion to accept the June 7, 2007 minutes as presented.
Stuart MacCrellish seconded
Discussion – none
Vote: Yes – 5 No – 0 Abstention – 1 (Susie Leonard)
3. Correspondence
4. New Business
There will be a planning Grant Workshop on July 19, 2007
2008 Municipal Planning Grant application – Allen Karnatz felt it would be good to apply for this grant.
Allen Karnatz gave the background regarding Craig Newton and the New Haven Storage & Transfer. Craig Newton will not be dealing the with Town as he feels that jurisdiction of this site comes under VT RR (railroad), they being the owner and thus VT RR holds an exemption by federal statue. Property taxes have not been paid because VT RR owns the property and is exempt. According to the Town Treasurer, Craig Newton has paid the taxes will be the owner of the property. Allen Karnatz feels that Craig Newton needs to come before the PC for site plan review.
5. Old Business
None
Susie Leonard moved to adjourn the meeting
Mike Sweeney seconded
Discussion – none
Vote: Yes – 6 No – 0 Abstention – 0
The meeting was adjourned at 9:45 PM