MINUTES OF THE SHAFTSBURY PLANNING COMMISSION
June 22, 2004, COLE HALL, SHAFTSBURY, VERMONT
Board Present: Kevin Bubriski, William Jakubowski, Andrew Knafel, Mark Young
Board Absent: David Mance
Other’s Present: Robert J. Svitak, Jr., William C. Brambley, William Pennebaker, Richmond Hall, Bonnie Marsh, Richard Jorgensen, Wayne Holappa, Lew Levin, Richard Harmon, Sr., Howard Vain, Harvey and Audrey Rutheiser, Robert W. Bushey, Charles H. Wells, Jr., Janet Wells, Joyce Heshmaty, Robert Holmes, Robert E. Moffitt, Martin L. Harrington, Michael A. Barbeau, R.B. Thurber, Elmer Beven, Gary R. Niles, Debora Niles, James Casey, Kim Ransom, Paul Williams, Ray Harrington, John Welch, Roger W. Hayes, Tom Patel, Maurice Winn, Karl H. Martin III, Jude A. Burgess, Phillip B. Achermann, Robert Johnson, William C. Westenhoft, Jr., James Harrington, Robert F. Verhaeghe, Jen Dorsett, Anthony Zazzaro, Zoning Administrator and Cynthia Thomayer.
Call to Order: Mr. Bubriski called the meeting to order at 7:30pm.
New Business:
David Mance for Ed Colvin: Twitchell Hill Development: Preliminary Review for a Lot Line Adjustment:
Mr. Zazzaro presented this preliminary review, as Mr. Mance was unavailable. Mr. Zazzaro explained that this request would reduce the setback for the Right of Way access to Lot #3 from 50’ to 35’. Zazzaro explained that this proposal is located in the RR40 and Village Residential Zone. Mr. Jakubowski questioned this proposal under Section 3.0.3 Street Standards of the Subdivision Regulations in that when there is three lots developed, the access road, in this case, Babsy Lane, must be brought up to Town Specifications. Discussion ensued with regard to the original application that was presented in a way that Babsy Lane was not required to be developed to Town Road Standards. Mr. Zazzaro was unable to provide answers to the questions presented by the Commission, therefore, Mr. Jakubowski made a motion to table this preliminary review until such time that the applicant or a representative thereof is available. Mr. Young seconded said motion. Motion carried 4-0-0.
Jaiprabhu Inc., dba The Iron Kettle Motel: Sketch Plan Review:
Mr. Tom Patel, owner of the motel under consideration explained that his proposal involves subdividing the current lot of 18 acres into two lots: #1: 2.42 acres and #2: 15.48 acres. Patel further explained that he has no plans to develop lot #1, but wants to keep it separate as a deferred lot. In addition, Patel denoted the difference in the pump house location from the original site plan vs. the revised, explaining that he had moved it further away from the sideline, per Vermont State Guidelines. Mr. Jakubowski questioned the parking detail for the motel, explaining that it should be shown on the site plan. Mr. Patel explained that he has 20 rooms at ground level, with parking available in the front of each room. Discussion arose in regards to the parking requirements put forth in Shaftsbury’s Regulations, whereas Mr. Jakubowski explained that once a new map is filed with the Town Clerk, it becomes legally binding, therefore it is necessary to ensure that the detail is correct. Mr. Jakubowski explained to Mr. Patel that he needs to detail 20 parking spaces and the aisle. Mr. Jakubowski further explained that the setbacks for the motel must also be detailed on the site plan, as well as the parking area for Mr. Patel’s personal use located around the back of the motel. Mr. Patel also explained that the “mother-in-law” apartment located within the motel is not available to be rented due to the Fire Code from the Department of Labor and Industry. With this discussion, Mr. Knafel made a motion to classify this as a minor subdivision. Mr. Young seconded said motion. Motion carried 4-0-0. Mr. Knafel made a motion to warn this for a final review on July 13th, 2004. Mr. Jakubowski seconded this motion. Motion carried 4-0-0. The Commission clarified that Mr. Patel is to notify all adjacent landowners via USPS Certified Mail, prior to the final hearing.
Elizabeth Vander Els for a Sketch Plan Review:
Mr. Jakubowski opened this hearing by explaining that he volunteers his time and raises funds for Habitat for Humanity, but does not set policy for such and therefore is not going to recuse himself from this hearing. Mr. Wayne Holappa, Head of the Building Committee and Mr. Rich Jorgensen, President of Habitat for Humanity presented this application. They explained that this proposal is the result of a generous donation of land from Elizabeth Vander Els, and encompasses a 1.5 acre parcel on Daniels Road, and would be their 5th such project to provide modest, affordable housing for families in Bennington County. Holappa and Jorgensen explained that construction of this home would not begin until 2005 and would involve either a ranch or colonial style house of approximately 1200 square feet or less, and that Mr. Larry Parks has provided the site work. Mr. Zazzaro questioned the previous subdivisions of the original Vander Els lot for both Wade and Neuvellie, whereas would this require Act 250 review as the third? Whereas with discussion, it was determined that the Wade subdivision predates Act 250 review, and the second subdivision was granted as an amendment to an existing application. Mr. Holappa explained that they have received the Wastewater application. Mr. Zazzaro reported that the curb cut is currently scheduled for review by the Shaftsbury Selectboard, and that he had contacted Mr. Daniels for his recommendation. This proposal denotes that the driveway will be aligned with the tree line. In addition, Permit # WW-8-0758; dated June 16th, 2004 had been received from the Department of Waste Water Management confirming the septic design and replacement area for the Vander Els property as adequate. Discussion ensued with regards to the septic area, [conventional], whereas Mr. Holappa explained that Mr. Larry Parks had designed. With this discussion, Mr. Knafel made a motion to classify this as a two-lot minor subdivision. Mr. Young seconded said motion. Motion carried 4-0-0. Mr. Jakubowski made a motion to warn this for a preliminary review, unless the application is complete, and then a final review at the July 27th, 2004 meeting. Mr. Young seconded said motion. Motion carried 4-0-0.
Old Business:
Ellison Plat: Discrepancy is acreage reported on plat vs. WW permit: Mr. Zazzaro reported that Jon Endres had corrected this error and the plat was ready for final execution by the Planning Commission and then to be filed with the Town Clerk. With this, Mr. Bubriski signed off on the plat.
Noise Ordinance:
Mr. Bubriski opened this section of the meeting asking for “new information” only, explaining that there has been much information that has been shared both from the community and also from the special presenters at the June 8th, 2004 meeting of the Planning Commission. Mr. Bubriski also explained that before any more work is done on any noise ordinance or the like, the Planning Commission must meet with the Shaftsbury Selectboard to find out what their position is, since they make the ultimate decision, prior to a public wide vote. Mr. Rick Klein questioned the Commission as to where this “noise ordinance” originated? Was it from an issue with loud music or from gunshots? Klein also asked the Commission who paid for Les Blomberg’s presentation and what is the Commission leaning towards? Mr. Jakubowski again explained the difference between a Zoning Bylaw and a Town Ordinance and the different paths each must follow. Mr. Knafel noted that he is in favor of a Zoning Bylaw as it adheres to a more democratic process vs. a Town Ordinance. Both Mr. Bubriski and Mr. Jakubowski reported that Mr. Blomberg billed the Town of Shaftsbury $100.00 for his transportation costs only, that there is money in the Planning Commission’s budget for professional services, and that generally the Commission members waive their annual stipend. Questions arose from the audience in regards to the number of complaints received, whereas Mr. Young reported that the number is irrelevant, since all people are affected, and any ordinance would be in consideration of ALL residents in Shaftsbury. Mr. Knafel suggested a referendum at the next Town Meeting to determine the general consensus from residents on a noise ordinance? Mr. Gary Niles questioned whether the current draft ordinance under consideration was to be forwarded to the Selectboard, stating that Vermont is very anti-business, and that BCRC has driven many business’ out of the area. Mr. Bubriski explained that the entire process is still at the discussion level, and that noise ordinances in general are designed to strengthen communities. Mr. Bill Westerphal suggested that any noise ordinance be enforceable, not at a property line, but at a dwelling and the immediate surrounding area to provide some protection. Mr. Greg Thurber reported that when the Rod and Gun Club opened there was only one house on the road: Rice Farm, and that all other homes were built with the knowledge that the Club was there. Whereas, Mr. Jakubowksi explained that the question of grandfathering under the ACT 250 review process was still up in the air and on appeal with ACT 250. Mr. Robert Johnson expressed concern that only the first meeting regarding the noise ordinance was warned and questioned why subsequent one’s were not, and also why the Planning Commission did not choose a larger location for their meetings? Mr. Jakubowski explained that only the first meeting must be warned, and that the Commission would consider a larger location for the future. Mr. Robert Svitak, Jr. noted his appreciation that the noise ordinance is not a gun issue, but feels that since impulse noise is regulated with stricter regulations it becomes discriminatory. In addition, Mr. Svitak asked that the information Mr. Beauchesne gave to the Board Secretary prior to the beginning of the meeting be made public. With this, Mr. Jakubowski read for all present: Jurisdictional Opinion #8-240: Hale Mt. Fish and Game Club, Shaftsbury, from the State of Vermont District Environmental Commission #8, dated June 3rd, 2004 signed by Warren E. Foster, District Coordinator. With this, Mr. Bubriski closed this section of the meeting explaining that the next step is for the Planning Commission to meet with the Shaftsbury Selectboard.
Minutes of May 11th, 2004: Mr. Bubriski made a motion to table these minutes until July 13th, 2004 when the appropriate Commission members will be present to vote on such. Mr. Young seconded said motion. Motion carried unanimously.
Minutes of May 25th, 2004: Mr. Young made a motion to approve as presented. Mr. Knafel seconded said motion. Motion carried unanimously.
Minutes of June 8th, 2004: Mr. Knafel made a motion to approve as presented. Mr. Jakubowski seconded said motion. Motion carried unanimously.
With no further business at hand, Mr. Jakubowski made a motion to adjourn at 9:24pm. Mr. Knafel seconded said motion. Motion carried unanimously.
Respectfully Submitted,
Cynthia Thomayer
Board Secretary