MINUTES OF THE SHAFTSBURY PLANNING COMMISSION
MARCH 23, 2004, COLE HALL, SHAFTSBURY, VERMONT
Board Present:
Kevin Bubriski, Chairman, William Jakubowski, Vice-Chairman, David Mance, Andrew
Knafel, Mark Young and Jim Serrao.
Board Absent: None
Other’s Present: Richmond Hall, Robert Clute, Fred Ringwood, Owen and
Katherine Beauchesne, Edward Wood, William Pennebaker, Harvey and Audrey
Rutheiser, Karen Mellinger, John LeMay, Anthony Zazzaro, Zoning Administrator
and Cynthia Hamilton.
Call to Order: Mr. Bubriski called the meeting to order at 7:30pm.
Mr. Mance recused himself from the Board at this time.
New Business:
1.Carol Bloomquist: Preliminary Sketch Plan Review: 3 Lot Subdivision:
Mr. Mance detailed these are the same 127 acres originally held as the Edwin
Bloomquist Trust at the intersection of White Creek and Cold Spring Road. The
subdivision proposes two lots, [instead of three as warned] Lot A to be 40 acres
and Lot B to be 87 acres. Lot A fronts Cold Spring Road and Lot B White Creek
Road. Lot B has the existing house and Lot A proposes a new residential
construction. Mance reported that there are no covenants or restrictions on
these proposed parcels; and detailed the Right of Way for lots previously
subdivided by the Bloomquist family. Questions arose as to the best place for
new construction on Lot A; whereas Mance explained that ground water monitoring
had determined the best location for such new construction in regards to a mound
septic system and also to maximize the view. Mr. Knafel questioned the impact
for loss of agricultural lands under this proposal. Mr. Mance explained that
under this proposal that three acres of cornfield will be lost, but the intent
of this proposal is to maintain the integrity for the balance of the property,
noting that the access for any new construction on Lot A will be East of the
fence line. Mr. Zazzaro reported that the original subdivision application for
the Bloomquist lands was granted in 1992. Mance reported that Strohmaier Farms
currently uses the property under consideration to grow hay and corn, and that
there are no farm animals housed on this property. Questions arose as to
interest by Act 250 on the original subdivision application of 1992. Mr. Mance
explained that their interest was triggered by the then state of Cross Hill
Road, but once the Road was upgraded they signed off as not having jurisdiction.
Mr. Jakubowski noted that this application will require some background research
under the original subdivision documents from 1992. With this, Mr. Jakubowski
made a motion to classify this as a major subdivision. Mr. Young seconded said
motion. Motion carried 5-0-0. Discussion ensued with regards to when Mr. Mance
would be ready to proceed with this application. With this, Mr. Jakubowski made
a motion to warn this as a preliminary subdivision for the April 27th, 2004
meeting of the Shaftsbury Planning Commission. Mr. Knafel seconded said motion.
Motion carried 5-0-0.
2. David Mance, 2 Lot Subdivision off Paran Acres: Mr. Mance,
representing himself explained that this is the same lands previously owned by
the late Bill Thomson, of which he had been trying to secure a 10 Lot
subdivision. Mance explained that this proposal has been approved by both the
Bennington Planning Commission [for areas under their jurisdiction] and the
Paran Acres Homeowner’s Association for three lots. The area for consideration
by the Shaftsbury Planning Commission is a 50’ x 54’ access area that Mance
proposes to split into two 25’ x 54’ strips. Mance explained that he has an
agreement with the Vermont Land Trust to sell Parcel A of his proposal, which is
contiguous with adjacent lands they currently own, and detailed covenants #6 and
#7 of his proposal: no buildings within 100’ of Paran Creek and no structures or
improvements unless approved by the Paran Acres Homeowner Association. Lot’s B
and C will then become lots available for residential development [though Mance
has given the Vermont Land Trust Right of First Refusal on said lots].
Furthermore, Mance explained that there is an arrangement with the Paran Acres
Homeowner Association that if they amend their Bylaws, they will incorporate
Lots B & C under consideration into their Association and adopt the covenants
currently associated with this subdivision application. Mr. Mance explained that
the Probate Judge currently handling Mr. Thomson affairs needs a copy of the
Planning Commission’s decision to release this land. With this discussion, Mr.
Jakubowski made a motion to assign this a 2 lot minor subdivision for reasons of
access. Mr. Serrao seconded said motion. Motion carried 5-0-0. Mr. Jakubowski
made a motion to warn this for final approval at the April 27th, 2004 meeting of
the Shaftsbury Planning Commission. Mr. Young seconded said motion. Motion
carried 5-0-0.
Conservation Commission: Mr. Knafel reported that he has spoken with Edie
Tschorn about such projects as a bike path, establishing a buffer at the
reservoir, extending the Howard Park nature trail, etc. Mrs. Tschorn said she
would see about community interest for these projects, understanding that any
bike path is contingent on a feasibility study for connecting to the Bennington
Wastewater Treatment facility, and provide an update at the next regularly
scheduled meeting of the Planning Commission.
Solid Waste Task Force Committee: Mr. Knafel reported that the meeting
scheduled for March 16th, 2004 had been cancelled due to inclement weather.
Knafel reported that there were some concerns whether this tentative meeting was
warned correctly, and therefore he had arranged for a warning in the paper for
an April 6th, 2004 meeting at 7:00 pm, with consequent meetings to be held on
the 1st and 3rd Tuesday of every month. At the April 6th meeting, Mr. Knafel
noted that officer’s will be elected, etc.
Noise Ordinance: Mr. Bubriski explained to all present that the
Shaftsbury Planning Commission is currently reviewing Bennington’s Noise
Ordinance, and other’s as they become available to construct a noise ordinance
for Shaftsbury, that will be forwarded to the Shaftsbury Selectboard for their
approval/adoption. With this, Mr. Jakubowski gave a brief overview of the
Bennington ordinance, of which Mr. Pennebaker suggested that section 24-2A be
tightened up a bit. Mr. Knafel questioned whether agricultural and forestry
practices would be exempt under this ordinance? With this discussion, Mr.
Richmond Hall detailed an incident of prospective buyers for a 100 acre parcel
on Holy Smoke Road that fell through because of the noise being generated from
the Hale Mountain Fish and Game Club. Mr. Beauchesne explained that he is
currently in litigation with the Club, has sent out over 250 petitions to have
the Club to return to a non-conforming use under Shaftsbury Zoning Regulations,
and apply for all appropriate permits thus being subjected to applicable review
for any such improvements. Beauchesne noted that most shooting ranges today are
being constructed indoors and that the Hale Club, in addition to AK47 rounds
being shot, are practicing skeet shooting as well. Beauchesne noted that without
a noise ordinance there is no control over anything happening at the Club; no
guidelines to abate the noise that can be tolerated by adjacent landowners.
Beauchesne also noted that of the total 293 members at the club there are 26 of
39 active members from Shaftsbury. Beauchesne also noted that Rick Mattison
conducted a decibel test at his property line that registered in excess of 105
decibels. Warren Foster from the Environmental Conservation District will be
conducting an onsite of the Club’s operations on April 29th, 2004. Mr. Bubriski
reminded everyone that the Shaftsbury Planning Commission will be conducting
their own onsite on April 13th at 6:00pm and the public is invited. With this
discussion, it was decided that Mr. Bubriski will contact Mr. Jim Sullivan at
BCRC to ask for language addressing noise specific to shooting ranges from other
Towns in Vermont. Mr. Pennebaker, referring back to the Bennington Ordinance
being reviewed noted an unusually high peak in Table A, stating that the LEQ
Standard is average and recommended language be developed specific to the Zoning
Bylaws that tightened up the ordinance in residential areas. With this, Mr. Bob
Clute detailed a recent incident regarding noise whereas he again contacted the
Vermont State Police, but to no avail. Mr. Fred Ringwood supported a noise
ordinance that limits music, bad language, etc. noting that he has neighbors
that cause extreme disturbance during the summer months. Mr. Pennebaker
suggested that the Planning Commission visit www.nonoise.org for information.
With this discussion, Mr. Bubriski directed the Planning Commission to review
the noise ordinance from Bennington, and to be prepared with language changes
for the April 13th, 2004 meeting.
Zoning Administrator’s Report: Mr. Zazzaro reported that he discovered
that the Harvey Subdivision recently approved had no Mylar on site to be filed
with the Town Clerk. Therefore, Mr. Zazzaro requested that ALL applications be
presented/reviewed as a complete package. Mr. Jakubowski has done an exemplary
job on the new filing system. Mr. Zazzaro reported that Jason Thomas of
Glastenbury Road has an expired house permit and wants to put a foundation in.
Does he need a wastewater permit from the Agency of Natural Resources? Mr. Mance
noted that he doesn’t, but that he does need a septic design to put the
foundation in.
Other Business: Mr. Knafel noted that Steve Selib on West Mountain Road
(previously the Appleberry Farm) is now housing dogs. With this, Mr. Jakubowski
made a motion to send Mr. Selib a violation notice. Mr. Mance seconded. Motion
carried 5-0-0.
Town Plan: The final draft of the Town Plan must be given to Judy
Stratton, Town Clerk for her signature. The final vote of the Town Plan will be
distributed for informational purposes to the Planning Commission.
With no further business before the Commission, Mr. Mance made a motion to
adjourn at 9:05pm. Mr. Knafel seconded said motion. Motion carried unanimously.
Respectfully Submitted,
Cynthia Hamilton