MINUTES OF THE SHAFTSBURY PLANNING COMMISSION
APRIL 13, 2004, COLE HALL, SHAFTSBURY, VERMONT
Board Present: Kevin Bubriski, Chairman, William Jakubowski,
Vice-Chairman, Mark Young.
Board Absent: Andrew Knafel and David Mance
Other’s Present: Richard and Elise Garcia, Michael Biddy, Bonnie Marsh,
Richmond Hall, Denise Quinn, William Pennebaker, Charles Yoder, Jon Endres,
Thomas Bryant, Anthony R. Farrara, George Beagle, James Logan, Ray Harrington,
Richmond Thurber, Barbarann Logan, Jeffrey Slade, Robert J. Svitak Jr., William
C. Brambley, Tim J. Nichols, Karl and Willene Martin, Charles Stewart, Lorraine
Mattison, Rick Mattison, Owen and Katherine Beauchesne, Karl Anderson, Anthony
Zazzaro, Zoning Administrator, and Cynthia Hamilton.
Call to Order: Mr. Bubriski called the meeting to order at 7:30pm.
New Business:
Application #03-6462, Richard & Elise Garcia, Hearing for two houses on same
lot:
Mr. Garcia distributed a site plan detailing the boundary lines for this parcel
if it were ever to be subdivided in the future. The Board recognized the
appropriate compliance for the RR40 zone, under Section 3.7, reviewing
appropriate setback requirements with acreage listed, septic and replacement
area detailed. Mr. Garcia explained that he is not subdividing the land, but
wants permission to install a mobile home on his land for a family member to
reside in. Mr. Jon Endres confirmed that all State Wastewater Permits are in
place, whereas the Commission requested that this permit number be detailed on
the site plan as well. With no further discussion, Mr. Jakubowski made a motion
to close the hearing. Mr. Young seconded. Motion carried 3-0-0. With this, Mr.
Jakubowski made a motion to accept this condition Site Plan under Sections 3.7.1
– 3.7.2.6 of the Shaftsbury Subdivision Regulations, subject to the State Permit
# being detailed on the mylar. Mr. Young seconded said motion. Motion carried
3-0-0.
Old Business:
Update on Chuck wagon Business: Mr. Zazzaro reported that he had spoken
with Mr. Prentiss, who will get back to Mr. Zazzaro in a couple of weeks.
Solid Waste Task Force Commission: Mr. Knafel was not present to report;
therefore Mr. Young reported that the first meeting involved strategizing,
review of Federal and State Regulations, and discussion of the charge of this
subcommittee. Mr. Young noted that the next meeting is scheduled for April 20th,
2004 at 7:00pm, whereas seats are to be elected. Mr. Bubriski asked for comments
from the audience, whereas Mrs. Mellinger noted that she has unapproved minutes
available from the first meeting.
Dog Kenneling on West Mountain Road: Mr. Zazzaro reported that he had
done a site visit and found no kennels, just fencing.
Hale Mountain Fish and Game Club: Mr. Bubriski reported that the Commission
had conducted an onsite of the Club at 6:00pm this evening to establish a
benchmark for their activities. Mr. Jakubowski reported for the Commission that
Mr. Charles Stewart provided the Commission with a tour of the facility, and
that Mr. Beauchesne had provided pictures, whereas Mr. Jakubowski detailed three
different trap shooting ranges: 2 with a concrete base, five movable traps and a
trailer with four portable trap devices and the clubhouse. In addition, an
existing unaltered mobile home which Mr. Stewart believes was replaced in 1971,
an 8’x 45’ [approximate dimensions], box trailer on cribbing used for equipment
storage, and a two car garage, that Mr. Zazzaro will investigate for the proper
permit application. Furthermore, Mr. Jakubowski detailed the areas used for
pistol practice as having 3 side berms, with 8 stands for shooting, with a
covered shooting stand next to it. Approximately 18-20 shooting positions are
available. The target areas encompass ranges from 100 to 500 yard, with multiple
100 yards, a few 200-300 yard and two or three 400-500 yard ranges. Uphill the
Commission observed the North Pen, which has been previously used for beagle
trials. There is also a presently abandoned trap shoot house with no equipment
in it whereas the shooting area is overgrown. The areas used for the Beaglers
runs North and South from here with approximately 22 acres to the North and
25+/- acres to the South. On their return, the Commission members observed
burned material of questionable products, and requested that the Club cease such
activity as it may be in direct violation of Shaftsbury’s Burn Ordinance. Mr.
Stewart reported that the Club is currently recycling cardboard and taking the
used plastic shells to the dump. On the North and South field there is a
lean-to, approximately 10’ x 12’ used for youth camping. It appears that no
party is questioning this structure, at this time. Discussion arose regarding
the shooting open to the public on Wednesdays and Sundays, and the requirement
for other times, of being a member or guest thereof. Discussion ensued with
regards to the Club being a private entity, whereas Mr. Stewart noted that if
anyone wants to see something at the Club, they just need to ask ahead of time
to make the proper arrangements. Mr. Jakubowski redirected the discussion back
to the Commission’s review of the Club, noting a small stream approximately
150-175’ from the driveway, which runs East to West, to Paran Acres. Mr.
Jakubowski questioned the age of the culvert installed in the stream for
crossing and whether this constituted land development under Shaftsbury’s
bylaws. Mr. Beauchesne reported that there have been two trailers located at the
Club, and the one currently there is not the one that was permitted in 1971.
Discussion ensued with regards to a date plate located on the trailer currently
at the Club. It was requested that Hale Mountain Rod and Gun Club provide a copy
of such plate to the Commission. In addition, Mr. Jakubowksi questioned the
classification of the stream previously detailed: when was the culvert
installed? Furthermore, Mr. Jakubowski questioned the elevation of the abandoned
trap shoot, [with best guess estimates at 1140 or 1150’], when did the Club
cease using it, and are there any intentions to use it in the future? Mr.
Stewart reported that there is no plan to use it at this time, but if they
needed to stop using the two in front then perhaps they would need to open the
third one on top. Mr. Michael Biddy, a neighbor noted that there have been noisy
years and not so noisy years, and requested a history of trap shooting at the
Club. Mr. Jakubowski reported that Mr. Stewart had explained to him that the
Club members are currently trying to establish a timeline of the organization
through review of their minutes. With this discussion, Mr. Jakubowski explained
to all present that through review of the applicable information and on site
review, the Commission would determine if any violations had occurred, by which
the Commission’s Attorney would be contacted to determine compliance with any
State Statutes. If no violations were found, then any interested party could
appeal any such decision of the Commission to the Shaftsbury Zoning Board of
Adjustment, whereas if the ZBA upholds a no violation status then the interested
party can then appeal to the State Environmental Court. Mr. Jakubowski further
explained that the Commission doesn’t want to make any hasty decisions, but the
intent is to first establish a timeline for the Club’s activities. Mr.
Beauchesne distributed information he had received from Warren Foster,
encouraging the Commission to work with him in reviewing appropriate State
Statutes. Mr. Jakubowski recommended looking at all of the information once it’s
available, noting that the major issue appears to be noise. Mr. Karl Anderson
questioned the Commission on future plans to measure decibel levels? Mr.
Bubriski reported that a noise ordinance was scheduled for discussion later in
the meeting. Mr. Jakubowski explained to everyone present that any non permitted
expansion by the Club is one issue, noise being another, but encouraged everyone
to remain as amicable as possible, explaining that with an increase in
population, the Town of Shaftsbury must find ways to accommodate growth such as
this.
Noise Ordinance Discussion: Mr. Bubriski distributed copies of various
noise ordinances, as supplied by Jim Sullivan from Bennington County Regional
Commission, directing the discussion to four specific areas: Commercial and
Industrial noise, nuisance noise, traffic noise and other recreational noise.
Mr. Bubriski and Mr. Young agreed the need to establish a benchmark and decibel
thresholds. Mr. Bubriski asked for public comments, whereas Mr. Beauchesne
provided information he had obtained on noise and suggested that the Commission
also include ambient noise in their criteria. Mr. Pennebaker suggested the World
Health Organization’s recommendation of stricter limits on noise in rural areas
because the expectation for this area is quieter than other areas. Mr. Rick
Mattison noted that people need to take responsibility for their noise and be
good neighbors. Questions then arose regard the berm recently constructed near
Paran Creek at Wm. E. Dailey’s Inc. Mr. Zazzaro will contact Mr. Warren Foster
to establish why the berm was installed. Mr. Beauchesne also requested that the
Commission consider the Federal Laws regarding assurance for peace and quiet use
of a person’s land. Discussion erupted with regards to decibel limits, etc.
whereas Mr. Jakubowski noted that the Commission needed time to review the
paperwork compiled, and Mr. Bubriski encouraged everyone to continue to attend
the Commission’s meeting as they reviewed such material.
Other Business:
Mr. Bubriski reported that he and Mr. Knafel had had discussions surrounding an
idea involving perhaps Whitman’s and Clearbrook Farms to establish either penny
jars throughout town and/or to have gardening products available to Shaftsbury
residents for planting and to spur a sense of community throughout the Town.
Bloomquist Subdivision Application: Mr. Jakubowksi reported that as a
result of the new filing system currently underway in the Zoning Administrator’s
office, he had retrieved some information regarding covenants on such lands,
dated 11/22/1993, by which the applicants need to go to the State for an EDC#8
jurisdiction ruling pursuant to the letter dated 05/06/1997 signed by Warren
Foster.
Minutes of March 23rd, 2004: Mr. Jakubowski made a motion to approve as
presented. Mr. Young seconded said motion. Motion carried 3-0-0.
With no further business before the Commission, Mr. Jakubowski made a motion to
adjourn at 9:17pm. Mr. Bubriski seconded. Motion carried unanimously.
Respectfully Submitted,
Cynthia Hamilton