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MINUTES OF THE SHAFTSBURY PLANNING BOARD

MAY 10, 2005, COLE HALL, SHAFTSBURY, VERMONT

 

PLEASE NOTE THAT THE FOLLOWING MINUTES ARE BASED UPON A TAPE RECORDING. ALTHOUGH THE PAUSE BETWEEN TAPE 1 SIDE B AND TAPE 2 SIDE A WAS PROBABLY NEGLIBLE, THAT WHICH WAS BETWEEN TAPE I SIDE A AND TAPE 1 SIDE B INCLUDED ANY MOTION OR DECISION ABOUT THE BECKER PROPERTY.

 

Planning Board Present: Kevin Bubriski, chairman, William Jakubowski, David Mance, Mark Young, Bill Pennebaker and Chris Williams

 

Others Present: Zoning Administrator Anthony Zazzaro, Erica Becker, Shane Becker

 

1.       Call meeting to order: Chairman Kevin Bubriski called the meeting to order at 7:30 pm.

2.       Old Business:  Consultation with BCRC Executive Director Rex Burke will be re-scheduled.

3.       New Business

  1. Becker Site Plan Review – Shane Becker shared with the Planning Board his plan. The site under discussion is on Route 7A, just north of the Chocolate Barn. The property is home-occupation in that the Beckers live in the house and run the fence company, both fabrication and storage, out of the barn. (With no use identified on Mr. Becker’s application, it was assumed to be a residential use. Since the property is used as a residence, place of fabrication for fence materials and storage thereof, the application must be modified.) Mr. Becker is seeking approval of a 26x32 garage. David Mance mentioned that the lot is a pre-existing non-conforming lot, which was deemed as being used for commercial use by the man who ran the antique shop. Mr. Mance specified that a question that must be answered is whether the intended use is an appropriate expansion of non-conforming lot. Zoning is RR80. Chris Williams asked at what point does a property owner loose right to continue a non-conforming use. William Jakubowski responded that if, for a period of one year, there is no business use of the site, it reverts to its designation of residential zoning. Mr. Mance said that the bottom line issue is approval of a garage and that Mr. Becker was previously approved to run his fencing business. The conditions included the following:
  1. material storage to be located behind the projection of west end of barn site
  2. hours for use of power tools specified as Monday through Saturday, 8 am to 5 pm
  3. seven parking spaces be provided
  4. house to be occupied by owner/operator/business
  5. septic system be shown with dimensions from house on site plan
  6. hours of operation specified as Monday through Saturday, 9 am to 7 pm
  7. large maple in the front yard be kept

 

Mr. Jakubowski sought and received verification that, for the garage, all setback requirements had been met.

Mark Young asked about provision of signage. Mr. Mance mentioned that there was discussion about possibility of ponds with fountains; these features were to be located near the barn.

 

Mr. Jakubowski noted that Mr. Becker has the trailer and truck behind the fence and asked if Mr. Becker was willing to continue this practice.

 

It was said that the retail aspect has not been prominent. Mr. Becker said that the proposed garage would be used for repairs to truck.

 

Mr. Jakubowski had no problems with parking spaces and hours of operation. He is concerned about maintaining the look and feel of a residential area; he asked that Mr. Becker agree to the condition that the trailer (~31 ft), truck (~22 ft), etc. be stored behind the barn.

 

There was additional discussion about placing curb material perpendicular to patio be placed out to 7A for a defined parking area for both Mr. Becker and his customers. Members of the planning board expressed concern about Mr. Becker backing onto Route 7A. Mr. Becker expressed reservation about this potential condition.

 

There was discussion about expansion of non-conforming use and what effect the addition of a barn will have.

Motion was made to schedule Becker for site review on June 14th

 

{Side A of Tape 1 ran out …beginning of Side B of Tape 1 was the middle of a discussion about William E. Dailey, Inc./Peckham}

 

Zoning Administrator Tony Zazzaro mentioned that William E. Dailey, representing Peckham Industries, will be coming in for a site plan review for a planned precast facility expansion.

 

Planning Board members mentioned that earth berms have been erected along the south side of Airport Road and that there are piles of concrete.

 

A-1 Auto – Planning Board members reviewed items in the file.

 

Chris Williams expressed concern about the minimal effort of applicants in presenting information on site plans for which the Planning Board issues permits.

 

Larry Powers – Sage City – of the10 acres, they donated 4 acres to the Fund for North Bennington. There appears to be a plan to develop a series of housing structures on the remaining 6 acres that will provide 26 housing units of affordable housing.

 

There was concern expressed that although Bill Dailey has retained oversight of the precast concrete division of Peckham Industries, no one in the Town knows much about Peckham Industries. Chairman Bubriski expressed concern that there is no image or human being to attach to Peckham Industries other than Bill Dailey and that there is nothing that is known about Peckham Industries. He furthermore expressed his grave concerns about (1) a small town like Shaftsbury to be dealing with a large corporation like Peckham without knowing its face and (2) the changing face of the community from a small town into something yet to be defined.

 

David Mance cited that the company is evolving … and enlarging, both in production as well as benefits to its employees.

 

Chairman Bubriski brought the discussion back to the need for the zoning bylaw and possibly consideration of a noise ordinance. There was discussion about establishing baseline conditions. Bill Pennebaker offered that without a noise ordinance, the Town has nothing.

 

Mr. Pennebaker mentioned that there is a Spill Prevention Control and Countermeasure Plan specified as necessary by the EPA for fuel tanks larger than 1,520 gallons. He believes that the Planning Board should be aware of it and that Whitmans Feed Store should be held to it.

 

{Side B of Tape 1 ran out during discussion of a fuel spill in Cambridge, NY…beginning of Side A of Tape 2 commenced with discussion about the reorganization of the Planning Board}

 

Mark Young declined to be Chair or Vice-Chair due to the number of boards on which he serves. Since Mr. Mance speaks on behalf on various individuals seeking Planning Board approval, he also declined. Mr. Jakubowski agreed to be Chair. Mr. Bubriski agreed to be Vice-Chair.

 

Mr. Mance nominated Mr. Jakubowski as Chair and Mr. Bubriski as Vice-Chair. Mr. Young seconded. The motion passed unanimously.

 

Newly appointed Chairman Jakubowski made the motion to adjourn at 9:15 PM. Mr. Young but don’t seconded. Motion to adjourn was unanimous.

 

 

Respectfully submitted (through transcription of tape recording),

 

Alison Church

 

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