MINUTES OF THE SHAFTSBURY PLANNING COMMISSION
July 13, 2004, COLE HALL, SHAFTSBURY, VERMONT
Board Present: Kevin Bubriski, Chairman, William Jakubowski, Vice-Chairman and David Mance.
Board Absent: Andrew Knafel and Mark Young
Other’s Present: Maurice Winn, Tom Patel, Richmond Hall, Bonnie Marsh, William Pennebaker, David and Michelle Farrar, Edwin Colvin, Barth Vander Els, Anthony Zazzaro and Cynthia Thomayer.
Mr. Bubriski called the meeting to order at 7:37pm.
Mr. Bubriski explained that he would be rearranging the agenda for the evening to accommodate various applicants.
New Business:
Application Number: 04-6625: Barth and Elizabeth Vander Els, 267 Daniels Road for a Minor Two Lot Subdivision: Map Number 142048:
Mr. Zazzaro reported that Mr. Ron Daniels, Road Foreman had reviewed and approved the driveway access for this proposal and that the Shaftsbury Selectboard had recently signed off on the same. Mr. Vander Els presented a Water Supply and Wastewater approval from the Agency of Natural Resources dated June 29th, 2004. This application involves creating a second parcel of 1.64 acres, whereas this area is zoned 1 acre. Mr. Jakubowski asked Mr. Vander Els if the adjacent landowners had been notified? Mr. Vander Els said that they had, but he had no proof. Therefore Mr. Mance made a motion to approve this as preliminary approval of a minor two lot subdivision, with final approval/review being scheduled for the July 27th, 2004 meeting of the Shaftsbury Planning Commission. Mr. Jakubowski seconded this motion. Motion carried 3-0-0. In addition, Mr. Jakubowski asked Mr. Vander Els to bring proof that all adjacent landowners have been notified.
Application Number: 04-6612S: Jaiiprabhu Inc. DBA Iron Kettle Motel for a Minor Two Lot Subdivision.
Mr. Patel presented his site plan, noting that he had detailed the 24 required parking spaces, and that this proposal meets all setback requirements. In addition, Patel noted that the State and Local septic requirements are deferred for proposed lot, both in the deed and on the plat, and that the Right of Way currently providing access to lot #2 will remain the same. Discussion ensued with regards to some inappropriate wordage on the plat, whereas the Planning Commission members provided Mr. Patel with a photocopy of the appropriate deferral language to replace such on the plat. In addition, the Planning Commission members asked for proof that all adjacent landowners were appropriate notified. Mr. Patel reported that Mr. Gordon Black, Esquire was going to do that, but had not provided him with any documentation. With this, Mr. Winn reported that he had contacted Rutland, and was told that the State is no longer issuing deferrals, and that before any lot can be developed the septic design must be cleared with the Agency of Natural Resources, Water and Wastewater Division. With this, Mr. Mance made a motion to continue this application on July 27th, 2004 instructing Mr. Patel to put the appropriate deferral language on the mylar, provide a copy of the existing Vermont State Wastewater Permit and proof that all adjacent landowners have been notified. With this, Mr. Jakubowski seconded said motion. Motion carried 3-0-0.
Zoning Administrator’s Report: Mr. Zazzaro introduced Mr. David Farrar, explaining that he asked Mr. Farrar to come before the Planning Commission with his proposal to solicit some direction. Mr. Farrar explained that he is/has purchased a parcel of land on Historic US Route 7A, and received an approval for a curb cut directly onto Route 7A. Mr. Farrar’s question is can he deviate from the original subdivision filed? With this, Mr. Zazzaro retrieved the original subdivision application for the Planning Commission members to review. Upon this review it was determined that there was no specific driveway or condition[s] related to such on the original subdivision. With this, the Planning Commission members determined that no modification to the original subdivision permit [approved on June 19th, 1990] is needed. Furthermore, Mr. Farrar indicated that his intention is for a four bedroom house instead of a three bedroom, whereas Mr. Zazzaro instructed that he would need a copy of the floor plan and the amended Wastewater Permit for the Town file.
Ed Colvin: Babsy Lane: Modification of Lot Line:
Mr. Colvin explained that he constructed a house on Lot #2, of this subdivision and sold such. The new owner would like to add a 24’ x 29’ garage on the North end of the house. Because there is a 50’ fee ownership providing access to Lot #3, which Mr. Colvin still owns, the proposed construction to Lot #2 cannot meet setback requirements. Basically, Mr. Colvin explained, he want to take a little acreage from Lot #3 and add it to Lot #2, thus providing a 33’ Right of Way Access for Lot #3, vs the current 50” Fee Ownership. Mr. Colvin also reported that the driveway providing access to Lot #2 is at the end of Babsy Lane. Mr. Jakubowski, upon review of the original subdivision noted that this driveway was not constructed as originally detailed on the subdivision plat. With this review, Mr. Jakubowski made a motion to approve this modification as presented and to schedule for a Final Review on August 10th, 2004, directing Mr. Colvin to notify all adjacent landowners. Mr. Mance seconded such. Motion carried 3-0-0.
Mr. Zazzaro noted that he had received a letter of concern from an adjacent landowner of Lot 10 in Oak Hill, expressing concern over the wetlands. Discussion ensued with regards to the history of the subdivision, and provided direction for Mr. Zazzaro to follow.
Old Business:
Noise Ordinance: Mr. Bubriski updated everyone on the joint discussion between the Shaftsbury Planning Commission and Selectboard recently in regards to this issue. Mr. Bubriski explained that this issue is a learning process for everyone, noting that many people have some misunderstanding and fear surrounding such an ordinance. Mr. Jakubowski explained that “pristine” doesn’t apply to any property in Shaftsbury in that every piece has some type of development, and Shaftsbury Bylaws provide no buffer area between commercial and residential districts, noting that this provides for a unique challenge. In addition, Mr. Jakubowski expressed dismay that some of his comments recently have been misquoted and misinterpreted. Mr. Richmond Hall commended the Planning Commission on their efforts of exploring a noise ordinance, and recommended that any such ordinance be presented for a Town wide vote. Discussion ensued with regards to the direction of any such noise ordinance.
Minutes of May 11th, 2004 and June 22nd, 2004: Mr. Jakubowski made a motion to table said minutes until such time that appropriate Commission members are present to review. Mr. Mance seconded said motion. Motion carried 3-0-0.
SWTFC: Mr. Pennebaker distributed an update of major revisions passed by the State of Vermont, representing changes to zoning, solid waste, permit reform, etc. Mr. Pennebaker explained that some of the information is confusing, and that some also removes local control of some areas.
With no further business before the Commission, Mr. Mance made a motion to adjourn at 9:05pm. Mr. Jakubowski seconded said motion. Motion carried 3-0-0.
Respectfully Submitted,
Cynthia Thomayer