MINUTES OF THE SHAFTSBURY PLANNING COMMISSION
FEBRUARY 24, 2004, 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: Karen Mellinger, Mr. & Mrs. Harvey Rutheiser, William Pennebaker, Forrest Snyder, Mr. & Mrs. Owen Beauchesne, Trevor Mance, Bob Clute, Jim Mead, Jon Endres, PE, Barry Mayer, Katherine Keys, Michael Biddy, Anthony Zazzaro, Zoning Administrator and Cynthia Hamilton.
Call to Order: Mr. Knafel called the meeting to order at 7:30pm.
New Business:
Bob Clute: Noise Ordinance?
Mr. Knafel presented that currently there is no residential noise ordinance within Shaftsbury’s Bylaws, and that there are two options to address this: #1: the Shaftsbury Selectboard can adopt a noise ordinance or #2: The Shaftsbury Planning Commission can adopt language within the zoning bylaws to address extraneous noise in residential areas, but explained that this would take time. Mr. Clute presented that he has lived in Shaftsbury Hollow since 1997, that there are nine residents within his surrounding area and that due to the practices of an adjacent landowner he and his family have had to endure noise levels of 74 decibels and above inside their home with the windows and doors shut. Currently, his family cannot sit outside their home due to the noise level. Furthermore, Clute attests that he has measured this noise at 86 decibels at the mutual property line with this adjacent landowner. Clute feels he is being deprived of peaceful use of his property noting that this extraneous noise is generated from loud, obscene music, and not the normal noise associated with home ownership, i.e.: lawnmowers, chainsaws, weed whackers, etc. Clute further detailed that the distance between his home and this neighbors is approximately 200 feet, with a grove of trees incorporated within that distance. Clute also explained that he has contacted the Vermont State Police in regards to the noise, and their response time has, at times, exceeded 2 hours, and then they can do nothing because there is no noise ordinance in the Town of Shaftsbury. Clute has tried to address this one on one with these neighbors, but feels that they retaliate by increasing the volume of their music. Currently Clute has contacted an Attorney to help him deal with this issue, but is requesting support from the Town of Shaftsbury through establishing a noise ordinance. With this discussion, Mr. Mance will contact BCRC to find out how adjacent Towns handle their noise levels, and will share this information with the Shaftsbury Selectboard and Planning Commission.
Old Business:
Application Number: 03-6451: Frederick, Donald, Phil and Evelyn Harvey for a Final Review of a Minor Subdivision on Holy Smoke Road:
Mr. Jon Endres, representing the Harvey’s noted that this application is for a two lot subdivision, Lot #1 is one acre and Lot #2 is 1.87 acres. Mr. Endres explained that he had complied with all requirement put forth by the Planning Commission under their preliminary review of this subdivision application, (all associated permit numbers are clearly indicated on the plat). Mr. Knafel asked for any comments from the Commission. Barring none, Mr. Jakubowski made a motion to close said hearing for this application. Mr. Mance seconded. All in favor, so moved. With this, Mr. Bubriski made a motion to approve this Final Subdivision. Mr. Young seconded. Motion carried unanimously.
Application Number: 03-6462: Richard and Elise Garcia for a Minor Subdivision located at 72 Outwater Road.
Mr. Mance made a motion to continue this subdivision review at the next available Planning Commission meeting, once the applicants have notified the Zoning Administrator that they are prepared to proceed. Mr. Jakubowski seconded this motion. Motion carried 6-0-0.
Solid Waste Task Force Subcommittee:
Mr. Knafel opened this segment, explaining that he had contacted the Vermont Secretary of State to determine if it was legal for a Planning Commission to appoint a sub-committee for a specific task. The Secretary of State explained that this was an acceptable venture. With this, Mr. Knafel then reviewed his task outline for such a sub-committee, with the Planning Commission, and other’s present. Floor discussion ensued with regards to this outline, and Mr. Mance urged those present not to waste time replicating State and Federal guidelines for Solid Waste, further noting that this outline provides a basic direction for addressing general goals that should be established by such a subcommittee. General Board discussion covered the necessity of a timeline, meeting schedule, and updates for the Shaftsbury Planning Commission, all of which could be determined once the subcommittee members have been chosen. It was decided that Mr. Knafel will evolve this outline into specific guidelines for the Solid Waste Subcommittee to follow. With this discussion, Mr. Knafel asked, of those present who is interested in serving on such a committee to give a brief synopsis as to why they feel they would be prime candidates for such a task, and further explaining that at the end of the meeting, the Planning Commission will adjourn into Executive Session to choose such subcommittee members. Mr. Knafel also noted that some interested community members had contacted him, but were unable to attend such meeting, but that they would be considered within the overall pool of candidates. Once all interested parties offered their synopsis of interest, discussion arose regarding the decision making process for choosing members for the subcommittee. Questions arose regarding the criteria, conflict of interest, alternates, diversity, etc. At this point, Mr. Trevor Mance announced to everyone present that he was not at this meeting as a potential applicant, but as a resource for such a subcommittee, explaining that until Shaftsbury’s Town Plan address’ solid waste in their community, he has no application for a solid waste facility in the Town of Shaftsbury. Mr. Young noted that it was too bad that Wm. E. Dailey, Inc. had not sent representation to this meeting to offer some background diversity as well.
Hale Mountain Rod and Gun Club: Mr. Zazzaro reported that an onsite has been scheduled for April 13th, 2004 beginning at 6:00pm, whereas all interested are to meet at the entrance to the Club.
Zoning Administrator’s Report: Mr. Zazzaro reported that he had received an email from Derek Carbin questioning the activity currently occurring on the Bloomquist property. Specifically, Carbin believed that access rights were being violated. Mr. Zazzaro will review the minutes and filed plat for the original parcel created and talk to the Bloomquists to determine whether the limits on access are being disregarded.
Minutes of February 10th, 2004: Mr. Mance made a motion to approve as presented. Mr. Jakubowski seconded. Motion carried unanimously.
Correspondence: Mr. Knafel reported that the Vermont Conservation Commission will be holding their annual meeting on April 3rd, 2004 at the VT Law School.
The Vermont League of Cities and Towns will be hosting a Planning and Zoning seminar on March 11th, 2004.
Executive Session: Mr. Young made a motion to adjourn to Executive Session for Subcommittee Personnel Issues at 9:12pm. Mr. Jakubowski seconded said motion. Motion carried unanimously.
The Shaftsbury Planning Commission reconvened to a regular meeting at 10:05pm. Mr. Mance had recused himself from voting on any matters.
Solid Waste Task Force Subcommittee: Mr. Bubriski made a motion to approve the following candidates to serve on such subcommittee:
From the Planning Commission: Andrew Knafel and Mark Young. From the Community at large: Michael Biddy, Forrest Snyder, Trevor Mance, Owen Beauchesne, William Pennebaker and Barry Mayer, with alternates Karen Mellinger and Jim Mead. From the Shaftsbury Selectboard: To be determined after Town Meeting.
Mr. Jakubowski seconded said motion. Motion carried 5-0-1[Mance abstained].
With no further business before the commission, Mr. Mance made a motion to adjourn at 10:07pm. Mr. Young seconded. Motion carried unanimously.
Respectfully Submitted,
Cynthia Hamilton
Minutes Secretary