MINUTES OF THE SHAFTSBURY PLANNING COMMISSION
JANUARY 27, 2004, COLE HALL, SHAFTSBURY, VERMONT
Board Present:
Kevin Bubriski, Vice-Chairman, William Jakubowski, David Mance, Mark Young and
Jim Serrao.
Board Absent: Andrew Knafel, Chairman
Other’s Present: Karl Martin, Willene S.R. Martin, James R. Casey, and Paul J.
Doucette
Robert Elias, Karl C. Anderson, Owen Dick Beauchesne, Katherine Beauchesne,
Lorraine Mattison, Ann Dailey, Martin Harrington, John Tiffany, John (Skip)
Fagerholm, Anthony Zazzaro, Zoning Administrator and Cynthia Hamilton.
Call to Order: Mr. Bubriski called the meeting to order at 7:30pm.
New Business: Owen Beauchesne, Rod and Gun Club Road: Mr. Beauchesne introduced
his attorney, Mr. Karl Anderson to the Planning Commission. Mr. Beauchesne
outlined his complaints regarding his belief that the Hale Mountain Fish and
Game Club, his adjacent neighbor, has apparently violated the zoning ordinance
by building a five station trap shooting facility on the premises without a
permit, using the facility for automatic weapons practice, and the potential for
groundwater contamination from the lead shot. These practices have resulted in
an increase of both noise and traffic, which are negatively affecting Mr.
Beauchesne’s business and his way of life. Specifically Beauchesne alleges that
sections 3.3.2 and 3.5.1.2 of the Shaftsbury Zoning Bylaws are being violated.
Mr. Beauchesne encouraged the Planning Commission to review his complaints, to
hold public hearings on the issue and to take appropriate action. In addition,
Mr. Beauchesne distributed a letter addressed to “To Whom It May Concern”,
signed by Peter Ayers, Steven Peckham and Gerry Watson attesting to the planting
of 500 trees at the Club in 2001 to help with noise abatement, but that these
same trees were mowed down when the five new stand trap facilities were
installed at the club. In addition, this letter attests that the then President
and officers of the Hale Mountain Fish and Game Club, through member Jerry
Watson, to neighbor Richard Mattison assured that there would be no expansion of
the club without the adjacent neighbor’s knowledge, input and acceptance.
Finally, Mr. Beauchesne distributed copies of pending VT Legislation regarding
shooting ranges, and an apparent email letter addressed to the Conference
Committee of the Capital Bill, dated May 21st, 2001, signed by Lorraine Mattison,
another landowner adjacent to the Club, requesting consideration as a neighbor
of a shooting range. Mr. Beauchesne told the Planning Commission members that up
until 2000, life was relatively quiet at the Club, but with the installation of
the new five stand traps, the expansion of the shooting range from 100 to 500
yards the increase in both noise and traffic has escalated. With this discussion
Mr. Jakubowski questioned Mr. Zazzaro on any information he may have received
from Ken Coonradt, the former Zoning Administrator. Mr. Zazzaro reported that
Mr. Coonradt had considered the Club exempt: pre-existing non-conforming use
under Shaftsbury’s Zoning Bylaws and that even though the Club had expanded its
outdoor facility and not it’s building, no building permit was ever required.
Mr. Jakubowski suggested that Mr. Zazzaro contact Mr. Rob Woolmington to review
the requirements, if any, of expansion of a pre-existing, non-conforming
facility. Mr. Beauchesne detailed an incident that occurred around January 21st,
2004 whereas at approximately 10:15 am, the sky erupted with gunfire that shook
his barn, and lit up the sky. He noted that he has this on video tape and
encouraged any Planning Commission members to stop by and review this tape, if
they so desired. With this discussion, Mr. Mance suggested that the Planning
Commission members review the information that Mr. Beauchesne had provided, and
to follow up with Mr. Woolmington in hopes of finding the next step in the
process for resolution. Mr. Bubriski asked for further comments from the
audience, whereas Mr. Paul Doucette, a Shaftsbury resident, Vice-President of
the Hale Mountain Fish and Game Club, and the Firearms Certification Supervisor
for the Bennington Police Department offered his view of the case at hand.
Specifically, Doucette explained that the morning of the gunfire outburst 5
officers under his direction were at the Club working on their bi-annual
firearms qualification. Doucette explained that this qualification process
involves not only the discharge of semi-automatic weapons, but incorporates
lectures and videos as well. The Bennington Police Department has been using the
Hale Mountain Fish and Game Club for approximately five years for their firearms
certification, and encompasses training twice per year for 30 officers and a
special team that uses the Club once per month with approval from the Board of
Directors. In addition, Doucette noted that the Vermont State Police and the
Bennington County Sheriff’s Department also use the facility for training
purposes. To address the five new trap stands that are currently being used at
the Club, Doucette explained that these have wheels and are portable with the
use of a tractor and the Club utilized 50 gallon plastic drums to collect the
hulls. Finally Doucette noted that the Club supports the local chapter of the 4H
Club, Scouting, hunter safety courses, the local fishing derby, and women of the
NRA. Discussion then ensued with regards to the difference of blackpowder over
other gun use. Mr. Mance questioned whether all of the ranges were outside and
if so has any thought been given to “shoot houses”? Mr. Doucette indicated that
all the ranges were outside and to construct an indoor range is cost
prohibitive. Further discussion ensued with regards to the possibility of using
berms and or board construction to deflect some of the noise. Doucette detailed
that the Club’s hours of operation are from 9:00 am until dusk, that there is no
outdoor lighting with the exception of a light on the clubhouse for access to
the clubhouse, and that the 500 yard range is not utilized that frequently. In
addition, Doucette noted that the Bennington Police Department has requested to
use the Club’s facilities for training under low light conditions, whereas the
Club’s Board of Director’s has requested neighbor approval first. Mr. Jakubowski
questioned the number of members and if there was any residency policy in place.
Mr. Doucette asserts that there are approximately 267 members, and that there is
currently no residency policy, but that there has been discussion about
instituting an application process to limit the number of members thus ensuring
the enjoyment of all members. Mr. Jakubowski offered clarification of the idea
of malice intent, per previous discussion with adjacent landowner Mr. Beauchesne
as originating by the Board and not Mr. Beauchesne. Finally, Mr. Doucette noted
that he has never seen any indication of violence at the Club. With this, Mr.
Bubriski asked for additional comments from the audience whereas, Mrs.
Beauchesne, who trains horses and offers riding lessons on her farm, mirrored
her husbands comments regarding the gunfire, noting that she is unable to
practice her horse riding lessons for fear that the horses will become spooked
and injure one of her clients. In addition, she feels that the Club is forcing
the value of her home to decline, and her approach is to be a good neighbor and
steward of the land. With all of this discussion, Mr. Beauchesne then invited
Mr. Doucette to his farm to review the videotape to understand why the neighbors
are upset. Mrs. Ann Dailey then offered her comments as an adjacent landowner
mirroring previous comments offered by both Mr. and Mrs. Beauchesne. With this
discussion, Mr. Doucette agreed to meet with Mr. Beauchesne and assured members
of the Shaftsbury Planning Commission his confidence in coming to some sort of
understanding through dialogue with the adjacent neighbors.
Old Business:
A. William E. Dailey: Items on Land Use Permit update: A. Zazzaro:
Mr. Zazzaro reported that he has spoken directly with Mr. Warren Foster from the
VT. Agency of Natural Resources in regards to the 1974 Land Use Permit and to
the best of Mr. Warren’s knowledge everything was approved under ACT 250 and
they are currently in compliance. Mr. Zazzaro will contact Mr. Foster again to
find out if there is any expiration date on Dailey’s gravel pits and report back
to the Commission on February 10th, 2004.
B. Second Chance Animal Shelter: Historic Route 7A: Parking: A. Zazzaro:
Mr. Zazzaro reported that he reviewed their original permit for the
administrative facility and spoke with Mrs. Joan LaVigne. Mrs. LaVigne reported
that the septic lines had been crushed and repaired, hence the change in parking
from the back of the building to the front. In addition, Mrs. LaVigne questioned
whether the Shelter can apply for a permit to kennel cats in the barn located
adjacent to the administrative building, noting that an adjacent neighbor has a
kennel. Discussion ensued with regards to the parking issue, whereas the
Commission felt that 1. Because the ground is frozen, parking should not be an
issue, 2. The facility has approximately two acres to configure adequate parking
in the rear of their building; therefore they are currently in violation of
their permit. Mr. Zazzaro has yet to issue them a violation letter, but will and
report back to the Commission at their February 10th, 2004 meeting.
C. Clute: Corrected Deed Reference on Map: David Mance
Mr. Mance recused himself from the Commission at this time. Mr. Mance explained
that this is basically correction of an administrative error, whereas the wrong
deed reference was put on the original plat. Mance further explained that the
State of Vermont has indicated placing a reference note in the Record referring
to the correct page reference in the Land Records would be an acceptable course
of action. With this, Mr. Jakubowski made a motion to accept this minor change
as an appropriate correction to the administrative error. Mr. Young seconded
this motion. Motion carried 4-0-0
Mr. Mance rejoined the Planning Commission at this time.
Zoning Administrator’s Report:
Mr. Zazzaro reported on his investigation of the permitting process surrounding
the erection of green canopies, prompted by receipt of a complaint from a
resident. Discussion ensued with regards to the remedy for this issue: i.e.:
have residents apply for a permit, or remove their structure, or apply for a
variance from the Shaftsbury Zoning Board of Adjustment. Another remedy is the
process of Compliance Certification, whereas if there is a canopy structure
erected with no permit filed then this property would not be in compliance for
such certification.
Missing Minutes: Mr. Zazzaro reported that Mr. Mike Biddy has complained about
missing minutes from the binders located in the Zoning Administrator’s office.
Ms. Hamilton confirmed that as of three weeks ago, upon unrelated research
conducted for the Shaftsbury Planning Commission, all minutes were current.
Therefore, it is the assumption that someone has been removing the originals
rather than making copies. Ms. Hamilton gave Mr. Zazzaro hard copies of all
minutes since February 2003, to be placed in the binders. It was decided that
the binders will be kept by the Zoning Administrator and anyone needing copies
will have to request them from either the Town Clerk or the Zoning
Administrator. In addition, Judy Stratton, Town Clerk will be added to the
distribution list for all minutes generated by the Shaftsbury Planning
Commission.
Permit Application revision for Curb Cut consideration: Mr. Zazzaro reported
that the Shaftsbury Selectboard is seeking an additional form to be generated
specifically for Curb Cut consideration. Ms. Hamilton will design a draft, send
to all Selectboard members for edits/approval and bring a copy of such to the
February 10th, 2004 Shaftsbury Planning Commission meeting.
New Permit Filing System: Mr. Jakubowski updated the Commission that this
process: Block & Lot System is currently underway. He will keep the Commission
apprised of the process.
Other Business:
Mr. Bubriski asked the Shaftsbury Selectboard members present if they had any
specific questions for the Planning Commission. Mr. Fagerholm questioned whether
the Commission had a protocol in place for gathering information regarding the
solid waste issues in Shaftsbury. Mr. Bubriski informed both Mr. Fagerholm and
Mr. Tiffany that the focus of the Planning Commission these past few weeks has
been on the Town Plan, and this specific issue has not been discussed by the
Commission in its entirety, but the most logical first step might be to review
the Town Plans of adjacent towns. Mr. Jakubowski noted that Rex Burke from the
Bennington County Regional Commission is also another sound resource for
gathering data, and acknowledged that the Town Plan still has areas that need to
be addressed.
Minutes of January 13th, 2004: Mr. Jakubowski made a motion to approve as
presented. Mr. Serrao seconded said motion. Motion carried 4-0-1[Mance
abstained].
With no further business before the Commission, Mr. Mance made a motion to
adjourn at 9:12pm. Mr. Serrao seconded said motion. Motion passed unanimously.
Respectfully Submitted,
Cynthia Hamilton