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MINUTES OF THE SHAFTSBURY PLANNING COMMISSION

FEBRUARY 10, 2004, COLE HALL, SHAFTSBURY, VERMONT

 

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

 

Board Absent:  William Jakubowski

 

Other’s Present:  Anthony Zazzaro, Zoning Administrator, Lucy Robinson, Scott Bernard, John LeMay, William Pennebaker, Forrest Snyder, Karen Mellinger, Barry Mayer and Cynthia Hamilton.

 

Call to Order:  Mr. Knafel called the meeting to order at 7:34pm.

 

New Business:

Mr. Zazzaro reported that item C: Application Number 03-6433: Wilma Rice for a Minor Subdivision on Timbertrail Road has been withdrawn. No additional information was available.

 

Mr. Zazzaro reported that both applicants from New Business section A & B were not ready to present therefore, Mr. Mance made a motion to continue both applications until the next regular meeting of the Shaftsbury Planning Commission.  Mr. Serrao seconded this motion. Motion carried 5-0-0.

 

D. Donald Campbell, VT Land Trust: Letter of Support: Due to lack of Mr. Campbell’s presence at this time, this item was moved to later in the meeting.

 

Old Business:

 

  1. Owen Beauchesne: Update from Rob Woolmington:  Mr. Zazzaro distributed a preliminary opinion from Attorney Rob Woolmington in regards to the concerns raised by Mr. Owen Beauchesne about the facility usage at the Hale Mountain Fish and Game Club at the January 27, 2004 Planning Commission meeting. Discussion ensued with regards what constitutes a change of use: facilities or activities? Mrs. Mellinger from the audience stated that she has heard from numerous residents on Montgomery Road of audible gunshots.  Mr. Bubriski noted that he had visited the Club on Saturday, February 7th, 2004. Mr. Mance reminded everyone that the status of pre-existing, non-conforming means that it predates the Zoning Bylaws. Mr. Knafel raised the suggestion, since you cannot make a non-conforming use more non-conforming that perhaps and onsite with adjacent landowners is necessary. Mr. Mance suggested requesting a plat of the current facility to provide a necessary benchmark by which to provide future reference.  With this discussion, it was decided that Mr. Zazzaro, on behalf of the Planning Commission would arrange for an onsite to be conducted in the latter part of March, 2004, (to accommodate the daylight) to establish a baseline for assessing the activities.
  2. William E. Dailey, Inc.: Expiration Date on Gravel Pits:  Mr. Zazzaro reported that he had contacted Warren Foster from the Agency of Natural Resources, whereas he informed Mr. Zazzaro that the permit by with Dailey’s is operating their gravel pits is pre 1970 and therefore grandfathered in. With this, Mr. Foster reported that the only violation that could occur is if Dailey’s begins extracting more than their permitted amount.
  3. Town Plan: The next step:  Mr. Knafel provided a rough overview of the intent of a Solid Waste Task Force, encouraging comments from all present. With discussion, it was tentatively agreed that a committee of nine would be manageable without overloading anyone with work. In addition, the nine members might constitute one Selectboard person, two Planning Commission members and six members from the community.  Mr. Knafel also recommended using both Wm. E. Dailey’s Inc. and Trevor Mance as a resource for information and referrals.  Discussion ensued with regards to prioritizing the tasks of any sub-committee: compiling background information, facilitate educational opportunities for the Shaftsbury community on solid waste, and VT State Regulations as they pertain to such. Mr. Mayer suggesting formulating a timeline by which to accomplish these tasks to ensure that the research is being done in a timely fashion under the moratorium put forth by the Shaftsbury Selectboard. Questions/comments that arose from the audience included: the size of any committee should depend on the amount of information to be gathered; provide opportunities for applicable State Agencies to present information to the residents of Shaftsbury; consideration for Corporate Solid Waste or Local Solid Waste; the need for a mission statement; recommendations to use experts as consultants vs. subcommittee members.  Mr. Bubriski confirmed that all of these were important considerations, explaining that the role of the Planning Commission is to look ahead 10 or 20 years, using the information that will become available and make recommendations that will sustain the Town of Shaftsbury through that time. With this Mr. Bernard asked for clarification of the State Regulations whereas a Town cannot restrict the solid waste from its point of origin, but can restrict the amount of volume that any given facility is permitted to accept.  With this discussion, it was determined that an advertisement would be placed in the Bennington Banner soliciting participation from the community for a Solid Waste Task Force, that Planning Commission members and any other interested party may submit a draft mission statement for such to be discussed at the next regular scheduled meeting of the Planning Commission.  It was the general consensus that with increased communication, this issue might unite the community vs. divide.

 

New Business: (continued): Donald Campbell: VT Land Trust: Letter of Support:  Mr. Knafel detailed the intent of the Lake Paran Conservation Project, through the VT Land Trust. With this presentation, Mr. Bubriski made a motion to draft a letter of support on behalf of the project.  Mr. Young seconded said motion.  Motion carried 4-0-0.

 

  1. Curb Cut: Permit Review:  Mr. Zazzaro presented a draft curb cut authorization for the Planning Commission review. Mr. Mance explained to all present the restraints under the current system, hence the need for a new form. With this, it was the general consensus to forward this to the Shaftsbury Selectboard for their adoption.


 

 

Zoning Administrator’s Report:

 

  1. Second Chance Animal Shelter: Notice of permit violation sent on February 9th 2004.
  2. Canvas Structures:  Mr. Zazzaro sent a copy of the Shaftsbury Zoning Regulations regarding structures and setback requirements.
  3. Construction on Grandview Street: Mr. Zazzaro reported that he came upon a residence under construction, but could find no permit for such. Discussion ensued with regards to any expansion of bedrooms also requires a State Permit. Mr. Zazzaro reported that the resident did stop in for a permit application.

 

Minutes of January 27th, 2004:  Mr. Mance made a motion to approve as presented. Mr. Young seconded. Motion carried 4-0-1 [Mr. Knafel abstained].

 

Other Business:

 

Mr. Bernard presented a copy of Shaftsbury’s Conflict of Interest Policy as adopted on May 17th, 1999, specifically stating that he felt Mr. Mance should not be allowed a seat on the Planning Commission. With discussion and explanation that unfortunately there is a lack of residents willing to volunteer their time and energies on various committees throughout the Town. In addition, it was suggested that Mr. Bernard contact Representative Alice Miller to locate a copy of the State of Vermont’s Conflict of Interest Policy, as it is believed that Shaftsbury’s is drafted in a similar manner.  In addition, Mrs. Mellinger noted that it is not Mr. Mance’s position on the Planning Commission alone that may be causing an appearance of a conflict of interest, but perhaps his position on the Commission in conjunction with the presentation’s he’s done for Trevor Mance, aka. TAM, Inc. in regards to the transfer station.

 

Mr. Knafel distributed different copies of a periodical, “Planning Commission Journal”, encouraging Commission members to review, but also asked that they be returned to him when finished.

 

With no further business before the Commission, Mr. Mance made a motion to adjourn at 9:06pm.  Mr. Young seconded said motion. Motion carried unanimously.

 

Respectfully Submitted,

 

 

Cynthia Hamilton

 

 

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