MINUTES OF THE SHAFTSBURY PLANNING COMMISSION
DECEMBER 9, 2003, COLE HALL, SHAFTSBURY, VERMONT
Board Present:
Andrew Knafel, Chairman, Kevin Bubriski, Vice-Chairman, David Mance, William
Jakubowski, Mark Young, and Jim Serrao.
Other’s Present: Anthony Zazzaro, Zoning Administrator, William Rice,
John Endres, Sr., Rich and Elise Garcia, and Cynthia Hamilton.
Call to Order: Mr. Knafel called the meeting to order at 7:30pm.
Subdivision Review:
Wilma Rice on Timbertrail Road: Mr. Mance recused himself from this hearing citing a potential conflict of interest. Mr. John Endres Sr. and Mr. Bill Rice on behalf of Wilma Rice presented the following: The lot being created is a deferral lot of approximately 5.4 acres in the NE corner of the larger lot that encompasses approximately 153 or 154 acres. Mr. Endres presented the State deferral Permit, [#DE-8-1614]; explaining that currently there are no plans to develop this lot, just to subdivide. It was determined that this application had come before the Shaftsbury Planning Commission approximately two or three years prior, with the issue of access never being resolved. Currently, according to Mr. Rice, the Town trucks plow right up to Mrs. Wilma Rice’s residence, and he would like this practice to continue. Mr. Jakubowski noted that the prior presentation of this application, whereas he believed that a hearing was set for November of 2000, whereas the Planning Commission requested evidence, that was never received, so this application was ultimately dismissed by the Planning Commission. Discussion ensued with regards to the possibility that if this lot was created, there is nothing in place to prevent the deferral from being lifted, and a house could be constructed. If this happened, the Town of Shaftsbury would need some type of provision, i.e.: legal easement for an area designated for the Town trucks to turn around. Mr. Endres questioned the superfluous nature of this, due to the fact that the land is not going to be developed. Mr. Jakubowski explained that this necessary plat detail is only “good planning”, noting section 3.7 of the Shaftsbury Subdivision Regulations. Mr. Knafel explained that the Subdivision Regulations require any proposal of three or more lots to have an access road constructed according to Town specifications. Mr. Jakubowski explained the differences between a cull de sac, fish tail or T type access, suggesting that a conversation with Mr. Ron Daniels would best denote which type is best for this application. With this discussion, it was decided that the following documentation was needed before any further progress could be made:
#1: Recommendation from Mr. Ron Daniels denoting the type of access that would accommodate maneuverability by the Town trucks
#2: All State Permits
#3: Notification to adjacent landowners
#4: detail on plat of any substantially remote structures
#5: existing water and septic systems
#6: complete plat incorporating all of the above information.
Discussion then
ensued with regards to the differences between the State requirements and Town
requirements for a plat review. It was determined that Mr. Zazzaro, Zoning
Administrator, in conjunction with Mr. Rice will meet with Mr. Ron Daniels to
discuss the issue of access for this proposed lot and report Mr. Daniels
recommendations back to the Planning Commission.
Mr. Mance rejoined the Planning Commission at this time.
Mr. & Mrs. Rich Garcia, Outwater Road, for construction of a second home on
their 4 acre lot: Mr. Garcia explained that he is requesting permission to
construct a second home on his lot to accommodate a relative relocating to
Shaftsbury, but has no intentions of subdividing his land. With this, the
Planning Commission explained that Mr. Garcia would need a site plan detailing
the location of the current house and the proposed house, detail of water and
septic systems, notification of Water and Wastewater Permits from the State,
detail that all setback requirements can be met, according to Shaftsbury Zoning
Regulations, section 3.4.2. Mr. Knafel referred Mr. Garcia to Section 3.7.13,
site development plan, of the Shaftsbury Subdivision Regulations, for all of the
necessary information he must include on a Site Plan. Mr. Knafel encouraged Mr.
Garcia to return to the Shaftsbury Planning Commission for consideration of
creating two conforming lots, when he has all of this information available.
Old Business: Proposed Town Plan Review with the Shaftsbury Selectboard:
No Selectboard members were available at this time.
Mr. Mance recused himself from the Planning Commission at this time.
Bob Clute: Incorrect page reference number filed with permit: Mr. Mance
explained that a permit was issued to Mr. Clute, in regards to a septic system
being located on an adjacent landowners property, whereas there were two deeds
involved. Consequently the permit was issued using the wrong page reference
number and a new permit must be issued with the correct page reference. Mr.
Mance will present at the next meeting.
Update on Brent Peacock: Mr. Knafel reported that Mr. Peacock has
received his Water and Wastewater Permit from the State of Vermont, but still
needs to present a complete Site Plan and his Permit from the Department of
Labor & Industry as denoted in a letter sent to him on November 1st, 2003.
Minutes of November 18th, 2003: Mr. Mance made a motion to approve as
presented. Mr. Young seconded this motion. Motion carried unanimously.
Zoning Administrator’s Report: Mr. Zazzaro reported that a resident is
interested in starting a shelter/sanctuary on ________________ Road. With
discussion, it was determined that this is not a permitted use for this area
under the current Zoning Regulations.
Correspondence: Mr. Knafel reported that there are grants available for
planting trees throughout the community.
Wm. E. Dailey’s, Inc. Proposed C&D Project: The Planning Commission
reviewed a copy of the 1974 State Land Use Permit allowing dredging of their
pond. Mr. Bubriski noted that he would like additional information on Items #3
and #4 of their Permit. Accordingly the Agency of Natural Resources last visited
in August of 2003. Discussion ensued with regards to the lack of information on
the Land Use Permit detailing the extraction of mineral resources, reclaiming of
sediment, and limits on dredging, plus the lack of required landscaping. Mr.
Zazzaro reported on his visual observations from the onsite he conducted
recently. Discussion ensued with regards to the original configurations of the
Land Use Permit from 1974, and how the topography may have changed over 30
years. Mr. Mance may have some aerial photos from 1974 that would allow for a
comprehensive comparison to the current state of their dredging operations and
the surrounding areas, as it relates to their Land Use Permit. The Planning
Commission directed Mr. Zazzaro to request details of #3 and #4 of Wm. E.
Dailey’s Land Use Permit #03-6445 of September 3rd, 1974 authorized by Robert S.
Brown, District Coordinator to report at the next Planning Commission meeting.
Mr. Zazzaro reported that Dailey’s process for their C& D Proposal is to satisfy
the neighbors, then the State of Vermont, the Shaftsbury Planning Commission and
finally Act 250. In addition, Mr. Zazzaro reported that their C&D facility is to
be lined with clay, to prevent leaching, with adequate monitoring wells and
Geiger counters to detect and remove any radioactive waste, and noted that the
construction debris could originate from anywhere.
Conservation Commission Update: Ms. Edie Tschorn will be contacted to
present an update on community interest in resurrecting the Conservation
Commission in the Town of Shaftsbury at the next Planning Commission meeting.
With no further business before the Commission, Mr. Mance made a motion to
adjourn at 9:15pm. Mr. Serrao seconded this motion. Motion carried unanimously.
Respectfully Submitted,
Cynthia Hamilton