MINUTES OF THE SHAFTSBURY PLANNING COMMISSION
May 25, 2004, COLE HALL, SHAFTSBURY, VERMONT
Board Present: William Jakubowski, Vice-Chairman (Acting Chair), David Mance, Andrew Knafel, and Mark Young.
Board Absent: Kevin Bubriski, Chairman
Other’s Present: Robert Clute, Owen and Katherine Beauchesne, Robert Elias, Bonnie Marsh, Richmond Hall, Lorraine Mattison, Rick Mattison, Richard Addison, Harvey and Audrey Rutheiser, William Pennebaker, Mitchell Frank, Anthony Zazzaro, Zoning Administrator and Cynthia Thomayer.
Call to Order: Mr. Jakubowski called the meeting to order at 7:34pm.
Mr. Jakubowski introduced the Commission members for all present.
Action Item: Mance, 3 lot minor subdivision: This was deferred to the end of the meeting.
Noise Ordinance: Mr. Jakubowski explained that the draft under consideration is one compiled by Jim Sullivan from BCRC which reflects many ideas discussed at previous Planning Commission meetings and from other Town’s ordinances. Discussion ensued with regards to the draft ordinance, whereas Mr. Mance noted that the ranges of 55-70 decibels during the day and 40-55 decibels at night is standard ranges for decibel levels, but any ordinance must be simple to understand and simple to enforce. Mr. Pennebaker suggested a decibel range that is averaged over a period of time, perhaps one hour and includes a peak level. Specifically Pennebaker encouraged wording to provide distinction from single event noise vs. repetitive noise to eliminate the probability of innocent activities being sited for violation. Mr. Jakubowski noted that even with an ordinance, law enforcement will be the key issue. Discussion of enforcement proceeded, whereas Mr. Rutheiser suggested incorporating a first offense warning remedy in the ordinance. Mr. Addison suggested wordage that would require neighbors to first discuss with their neighbors a resolution to a noise complaint. Mr. Beauchesne noted that would like to see a community effort put forth in regards to establishing a noise ordinance, with a possible step compliance format, further noting that if a noise ordinance was in place, then his issue with the Hale Mountain Rod and Gun Club would be workable. Questions arose regarding the need for a noise ordinance in rural Vermont? Mr. Mance explained that the idea of a noise ordinance would translate to 99.9% of Shaftsbury’s residents wouldn’t even know one existed, but that the ordinance would provide boundaries for the remaining .01%. Both Mr. Clute and Mr. Addison commented that they would like to see a noise ordinance in place. Discussion then ensued with regards to agricultural exemptions, and consideration of adding the specific State of Vermont agricultural exemption to the draft. Mr. Elias offered his opinion that the Hale Mountain Fish and Game Club is one of the finest in the Northeast, a treasure, and questioned why there is a need for a noise ordinance at all. Mr. Jakubowski explained that any final draft would be presented to the Planning Commission’s Attorney for review prior to being sent on to the Selectboard. With this discussion, it was decided that this draft would be reviewed on June 8th, 2004 when Les Blomburg from nonoise.org will be present to offer his professional advice on the logistics of adopting a noise ordinance, and the draft ordinance currently at hand.
Mr. Mance stepped down from the Commission at this time.
Application #04-6524S: David Mance; Minor Three Lot Subdivision; Paran Acres. Mr. Mance noted that this application was previously heard on May 11th, 2004. Mance explained that this application encompasses subdivision of a 50’ x 54’ Right of Way located at the end of Lake Drive in Paran Acres. The Right of Way is located in Shaftsbury whereas the remainder of the lots are located in Bennington, by which he has already received approval. Currently the VT Land Trust has one of the lots under contract, with the remaining two lots to be utilized for development. In addition, Mance reported that once the Paran Acres Homeowners Association updates their Bylaws, they will incorporate the remaining two lots into the Association. Mance also reported that the septic design has not yet been submitted, but that a representative from ANR Wastewater Management has been on site. With this discussion, Mr. Knafel made a motion to close the hearing. Mr. Young seconded said motion. Motion carried unanimously. With this, Mr. Knafel made a motion to approve this minor three lot subdivision as presented by Mr. Mance. Mr. Young seconded said motion. Motion carried 3-0-0.
Mr. Mance rejoined the Commission at this time.
SWTFC: Mr. Pennebaker reported that background studies are underway and that they are currently working on a Host Town Agreement. Pennebaker further reported that questions were raised at the most recent SWTFC meeting as to whether they were properly focused on the mission, and asked for a clarification of the mission from the Planning Commission. Mr. Pennebaker reported that Mr. John Tiffany felt that the SWTFC was working in too broad a range. Discussion ensued with regards to the Town Plan, and the process involved in readopting one, and also rewriting the Zoning Bylaws to reflect the position of the residents of Shaftsbury on Solid Waste issues. Mr. Pennebaker noted that adequate time must be spent on research, identifying the waste stream, and considering future changes, such as source, etc, and the need for the town to remain flexible in order to see the options available, noting that the current system of a mobile transfer station is unique to towns in Vermont. Pennebaker further explained that the SWTFC is looking, not only at Shaftsbury’s landfill/transfer operations, but also at Dorset’s, which is comparable in size, as well as Pownal’s to consider the future impact on Shaftsbury’s solid waste stream. With this discussion, it was the general consensus of the Planning Commission that fact finding is a vital component in the effort to consider the future long range plan for solid waste in Shaftsbury, and is in the scope of the commissioned task.
Minutes of May 11th, 2004: Mr. Mance made a motion to table this until the next meeting of the Commission, when applicable Board members will be available to review. Mr. Knafel seconded said motion. Motion carried 3-0-0.
With no further business before the Commission, Mr. Knafel made a motion to adjourn at 9:02pm. Mr. Mance seconded said motion. Motion carried unanimously.
Respectfully Submitted,
Cynthia Thomayer