MINUTES OF THE SHAFTSBURY PLANNING COMMISSION
APRIL 27, 2004, COLE HALL, SHAFTSBURY, VERMONT
Board Present:
Kevin Bubriski, Chairman, William Jakubowski, Vice-Chairman, Andrew Knafel,
David Mance, and Mark Young.
Board Absent: None
Other’s Present: Jon Endres, PE, Richmond Hall, Bonnie Marsh, Lorraine
Mattison, Richard Addison, William Pennebaker, Owen and Katherine Beauchesne,
Ann Dailey, Anthony Zazzaro, Zoning Administrator and Cynthia Hamilton.
Call to Order: Mr. Bubriski called the meeting to order at 7:30pm.
New Business:
Application #02-2153: Dr. Arthur Ellison for a minor two lot subdivision.
Mr. Jon Endres explained to all present that this subdivision had been
previously approved by the Shaftsbury Planning Commission in June of 2003, but
not filed in a timely manner. With this, Mr. Jakubowski made a motion to
reinstate the approval of the minor two lot subdivision. Mr. Young seconded said
motion. Motion carried 5-0-0.
Application #04-6523S: William E. Dailey III, 458 Ehrich Road for a minor
two lot subdivision. Mr. Jon Endres, PE representing Mr. Dailey detailed this
proposal as a 15 +/- acre parcel being subdivided into one 9 acre parcel to be
retained an a 6.25 parcel acre to be conveyed. Endres detailed the site plan,
whereas the 6.25 acre parcel has an existing house with a drilled well, onsite
mound septic system and a gray water disposal system. Endres further detailed
that if the gray water system ever fails then the current septic system and gray
water system must be converted to the detailed replacement system. The design of
the replacement system includes a pre-treatment bio-filter and end mound
process. Questions arose regarding the current septic system and well placement
of the adjacent land owners, in that there should be a 10’ setback area to
provide access to the well. Mr. Mance questioned the detail of the driveway in
regards to the Town specifications for private roads, i.e.: upgraded to the Town
specifications. Mr. Endres noted that this proposal supplies plenty of road
frontage on Ehrich Road, but the current driveway that provides access for two
parcels will be used to provide access to three lots. Mr. Endres further
informed the Board that this proposal is subject to ACT 250 because Mr. Dailey
has other parcels of land within the District subject to ACT 250, and that he is
currently awaiting receipt of Agency of Natural Resources approval. With this,
Mr. Mance made a motion to classify this as a Two Lot Major Subdivision. Mr.
Jakubowski seconded said motion. Motion carried 5-0-0. With this motion, Mr.
Mance made a motion to warn this for a final hearing once Mr. Endres notifies
Mr. Zazzaro that all State Permits have been received. Mr. Knafel seconded this
motion. Motion carried 5-0-0.
Old Business:
Solid Waste Task Force Committee: Mr. Knafel reported that the momentum is
building, that the Committee is compiling information from other towns and
becoming versed in State Solid Waste Regulations. Mr. Pennebaker has been
elected the Chairman of said Committee which will begin at the next meeting. Mr.
Pennebaker expressed concern that at the current pace, the November 2004
deadline may not be met. Discussion ensued with regards to changes to the Town
Plan, a municipal facility vs. a private facility, etc. Mr. Pennebaker assured
all present that everything will be looked at and considered.
Noise Ordinance: Mr. Bubriski opened this discussion by explaining the
history which brought this issue to the Planning Commission. Discussion ensued
with regards to whether the Select board would be interested in considering a
health related ordinance, or whether a bylaw should be developed. Mr. Addison,
an adjacent neighbor of Wm. E. Dailey Inc.’s, for over 30 years expressed
interest in establishing an acceptable decibel level at the property line.
Addison explained that although Dailey’s has been considerate of his plight, the
decibel level at the property line and on his front porch is between 60 and 65
decibles. Furthermore, Addison explained that the noise from the crusher is a
consistent drone all day long. Discussion ensued with regards to the context and
expectation of noise within a rural community, and the economic impact of
enacting a noise ordinance. Mr. Beauchesne reported that a core group from
Montpelier has requested from him a draft noise ordinance to explore in the
State Legislature. Beauchesne noted that he has a resource from Westchester
County NY, and explained that noise is a complex issue that must be dealt with
using logic, truth and fact and not emotions. As a group, Beauchesne offered to
provide the Planning Commission with information on noise, heeding that noise
level in mountainous rural areas is challenging, suggesting that noise abatement
may be the key issue, irrelevant of the costs associated with it. Beauchesne
further noted that he has had some noise readings conducted by a professional,
but decibel meters cannot measure gunshot noise, and recommended the Planning
Commission consider the Federal Standards when assessing this type of noise. Mr.
Pennebaker suggested that the Planning Commission visit nonoise.org, as it
provides a wealth of information on noise pollution and standards. Mr. Young
asked whether Dailey’s Inc. should be represented in these discussions. Mr.
Mance directed a review of the limits on noise under Shaftsbury Bylaws. Mr.
Pennebaker noted that transport noise is regulated by the State. Mr. Richmond
Hall noted that he is in favor of some sort of noise ordinance. Mr. Rick
Mattison noted that everyone should remember that Dailey’s Inc. are property
owners in Shaftsbury, whereas Hale Mountain is owned by its membership. Mr.
Beauchesne noted that the majority of members at the Club are from out of the
Shaftsbury area, and on average, any new shooting range becomes a superfund site
after only three years because of the lead. Furthermore, the EPA only considers
such Club as Superfund sites if they’ve been abandoned. Mr. Mance suggested a
draft ordinance to review and discuss. Mr. Beauchesne noted that Mr. Les
Bloomburg from Montpelier would be happy to come and address the Commission on
any given noise ordinance. With this, it was decided that Mr. Jakubowski and Mr.
Mance will review all of the material related to noise and proved specifics at
the next regularly scheduled meeting. In addition, Mr. Bubriski encouraged
everyone in the audience to contact Mr. Jim Sullivan at BCRC, as a resource.
Conservation Commission: Mr. Knafel said there is nothing to report, and
it was the general consensus of the Commission that there are too many other
areas requiring their attention. Therefore it will be taken off the agenda,
until such time that Edie Tschorn or someone else expresses an interest.
Correspondence:
Mr. Bubriski noted a memo from Dennis McCarthy in regards to the upcoming
Memorial Day Parade on May 31st, 2004 beginning at 8:30am.
Preservation Trust of VT is holding their conference in Bellows Falls on May
21st, 2004.
Minutes of April 13th, 2004: Mr. Jakubowski made a motion to approve as
presented. Mr. Bubriski seconded said motion. Motion carried 3-0-2. [Mance and
Knafel abstained].
Zoning Administrator’s Report: Mr. Zazzaro reported that Judy Stratton is
collating the minutes and keeping them in the vault. Mr. Zazzaro asked the
Second Chance Animal Shelter not to park in the front of their administrative
building on Route 7A. Discussion ensued that this building might be sold in the
near future. The Polo Field on Route 7A must have a permit for recreational use
in accordance with the Recreational Overlay Zone. The Bloomquist subdivision
application, currently under consideration, must request an adjournment from
Warren Foster in order to proceed. Mr. Mance, representing the Bloomquist, will
investigate and report back to the Commission.
With no further business before the Commission, Mr. Mance made a motion to
adjourn at 9:01pm. Mr. Young seconded said motion. Motion carried unanimously.
Respectfully Submitted,
Cynthia Hamilton
Minutes Secretary
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