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MINUTES OF THE SHAFTSBURY PLANNING COMMISSION

NOVEMBER 18, 2003, COLE HALL, SHAFTSBURY, VERMONT

 

Board Present: Andrew Knafel, Chairman, Kevin Bubriski, Vice-Chairman, David Mance, Mark Young and Jim Serrao.

Board Absent: William Jakubowski

Other’s Present: Bonnie Marsh, Mike Gardner, Curt Morin, Edie Devins, Anthony Zazzaro and Cynthia Hamilton.

Call to Order: Mr. Knafel called the meeting to order at 7:30pm.

Mr. Mance recused himself from the Commission at this time.

Final Plat Review: Richmond and Mary Hall for a boundary line relocation: Mr. Mance, representing Mr. & Mrs. Hall explained that the parcels under consideration are located at the junction of East and Resevoir Road. Specifically, Mr. Mance detailed that when this parcel was divided there was no survey done, and consequently the boundary line, based on the deed, runs through a silo, small shed and skirts very close to a barn. This proposal rectifies this boundary line conflict, and although it does not meet current setback requirements, it does improve on the setback areas available, with minor impact on the lots. Mance further detailed that this proposal allows for the current configuration of 2 acres for Hall and one acre for the Harringtons, and presented an Exemption Letter, [Case# N18-0007] from the VT Agency of Natural Resources, which supercedes all subdivision permits previously issued for these lands. Discussion ensued with regards to review of the plats: access roads for adjacent properties, etc. Mr. Mance explained that a Right of Way has been established for the Wood Road by use over 20 or 30 years. Mr. Mance informed the Board that currently the Strohmaier’s are purchasing the two acre parcel from Richmond and Mary Hall, and consequently will attain a license to use the driveway through the Harrington’s, but that the Harrington’s will not provide an easement to Stromahier, and finally there is no septic currently planned for the two acre parcel. Mr. Knafel asked for any comments from the audience, whereas none were offered. With this, Mr. Bubriski made a motion to close said hearing. Mr. Young seconded this motion. Motion carried 4-0-0. Mr. Bubriski made a motion to approve this boundary line relocation as presented. Mr. Serrao seconded said motion. Motion carried unanimously.

Mr. Mance rejoined the Shaftsbury Planning Commission at this time.

Conservation Commission:

 

Mr. Knafel introduced Ms. Edie Devins at this time, noting that she was a previous member of the now inactive Shaftsbury Conservation Commission. Discussion ensued as to the purpose of resurrecting the Conservation Commission, the mission and goals of such an effort, the collaboration with the Shaftsbury Planning Commission, projects identified in the current report from the Shaftsbury Economic Development Review Committee, i.e.: the bike path from North Bennington through South Shaftsbury to Howard Park, a feasibility study for possible connection to the Bennington Wastewater Treatment facility, and future review of the Town Plan with consideration for identification and conservation of natural resources, etc. Mr. Knafel reported that according to the State of Vermont, Shaftsbury still has a Conservation Commission, but that it is currently unstaffed. Mr. Mance reported that the inventory work for the Conservation Commission has already been done, and that BCRC has all of that information. With this, it was decided that Ms. Edie Devins would contact some residents who might be interested in serving Shaftsbury within this capacity, noting that a few meetings would be necessary to attain 5-7 interested, qualified residents, who then could brainstorm some ideas/projects for the Town. In the interim, it was decided that Mr. Mance will contact Mr. Peter Cross, Chairman of the Shaftsbury Selectboard, about this preliminary goal for an active Conservation Commission. Mr. Mike Gardner questioned the Economic Development Review Committee’s work? Mr. Mance explained the history of the survey distributed by EDRC, and their subsequent report presented to the Town. Mr. Knafel noted that parallels of the EDRC’s recommendations and those presented in the proposed Town Plan by the Shaftsbury Planning Commission. Mr. Mance noted that there is a meeting of the EDRC scheduled for Thursday, November 20th, 2003 at 7:30pm at Cole Hall for anyone interested. In addition, Mr. Mance noted that the Shaftsbury Selectboard will be holding their first public hearing on the proposed Town Plan on Monday, December 15th, 2003 at 7:00pm at Cole Hall.

Correspondence: Mr. Knafel reported the following:

BCRC will be holding their first public hearing on Monday, December 01st, 2003 at 4:00pm for Trevor Mance’s application to be amend the Municipal Solid Waste Plan for his transfer station proposal. The second hearing for the same is scheduled for Wednesday, December 03rd, 2003 at 6:00pm at Cole Hall in Shaftsbury. Mr. David Mance explained that the Municipal Solid Waste Plan must be amended prior to the State of Vermont considering any application submitted by Mr. Trevor Mance.

Other Business:

Mr. Bubriski reported that he had received this afternoon a letter and report dated October 21st, 2003, from Wm. E. Dailey, Inc. regarding their proposed C&D project. Apparently, Mr. Bubriski reported, this letter and report was distributed to adjacent landowners of Dailey’s project. Bubriski feels that this entire project is moving along too quickly and that he has grave concerns for the externalities, i.e.: dust, emissions, etc. and feels that such a project may devalue properties in the Town of Shaftsbury, and undermine the quality of the Town’s infrastructure and questioned what sort of guarantees the Town has in regards to the type of hazardous materials and/or residues that may be brought into Shaftsbury through this type of operation, citing the same issues surrounding September 11th, ground zero. Discussion ensued with regards to the apparent process that Dailey’s is following, which of the Town Boards would be involved in their application process, and the obvious need for public input. Mr. Bubriski also reported that Wm. E. Dailey’s Inc. recently held an invitation only meeting on November 1st, 2003 with adjacent landowners whereas during such meeting they agreed to indemnity for the same landowners. Mr. Bubriski encouraged all Board members to voice their personal opinions in a public forum to raise awareness of this project and the possible complications it may present.

Minutes of November 3rd, 2003: Mr. Mance made a motion to approve with the following correction/omission:

A. Minutes of October 28th, 2003: Mr. Young made a motion to approve with the following correction: November 17th, 2003 be changed to November 18th, 2003. Mr. Serrao seconded this motion. Motion carried 3-0-0.

Mr. Young seconded this motion. Motion carried 4-0-1[Bubriski abstained].

Zoning Administrator’s Report:

Mr. Zazzaro reported that he had spoken with Mr. Joe Herrmann in regards to the Colvin project on Twitchell Hill. Specifically, the water line is a 4” line because there are only three lots. Questions arose as to the original approval of the subdivision: water lines or wells? Mr. Mance will investigate and report back to the Commission at their next regularly scheduled meeting.

The Planning Commission questioned Mr. Zazzaro as to whether he obtained a copy of the permit which allows Wm. E. Dailey’s to dredge their pond? Mr. Zazzaro reported that he had only received a verbal confirmation from Brian Lent, but would contact Brian and request a photocopy of the actual permit for their file.

With no further business before the Commission, Mr. Mance made a motion to adjourn at 8:55pm. Mr. Serrao seconded this motion. Motion carried 5-0-0.

Respectfully Submitted,

Cynthia Hamilton
Board Secretary

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