MINUTES OF THE SHAFTSBURY, VT
PLANNING BOARD FOR TUESDAY, JULY 12, 2005
Present: William Jakubowski, chair; David Mance; Mark Young; Bill Pennebaker; Chris Williams; Andrew Knafel.
Others present: Tony Zazzaro, Zoning Administrator; P.J. DeVito; Barry Richardson; Shane Becker; Erica Becker; James Cormier; Muriel Codwise.
Mr. Mance moved to approve the minutes of the 6/14 meeting, with a second from Mr. Young. The motion passed 4-0-0.
Call to order: Chairman Jakubowski called the meeting to order at 7:37 p.m.
Mr. Jakubowski said there was a question whether the White matter was going to be brought up or not. Since Mr. White was not available the issue was tabled until the next meeting.
Mr. Jakubowski then called for Mr. Becker to discuss the nature of his business, per the 6/14 meeting; the question was whether it was going to be retail or wholesale. He asked Mr. Becker to take a look at the site plan as of 5/10. He also asked if there had been any discussion with his neighbor, as requested; Mr. Becker claimed that the neighbor was supposed to call him, but never did. Mr. Williams said that a revised site plan was to be a reflection of the property’s presentation as a legitimate business. Mr. Young then proceeded to read the provisions of the site plan.
Mr. Jakubowski said the two basic things were that the original business was created to be a retail establishment, and that there was a question of the neighbor to the north about the provision of screening. He noted that they could discuss the issue of screening at the meeting. Mr. Mance asked Mr. Becker if the neighbor could see the garage from his house. Mr. Becker said that he could, but barely. Mr. Pennebaker noted that Mr. Becker could use power tools between 8 a.m. and 5 p.m.; Mr. Becker said he had an issue with it because he preferred working earlier, starting at 7 a.m. Mr. Mance noted to Mr. Becker that he wasn’t doing much retail business on the property. Mr. Becker said that he manufactures parts for residential fences and gates on a limited basis.
Mr. Jakubowski said that the provisions for Mr. Becker did not provide for him to sell fences and that he was only entitled to conduct business Monday through Saturday, between 9 a.m. and 7 p.m. He said that the business was not meant for a rural commercial operation.
Mr. Cormier noted that the original site plan called for the storage of manufacturing materials. He also noted that Mr. Becker is using his business as he originally intended. Also, the garage that was constructed will lessen any noise or site issues b/c the equipment can be hidden from view. The result will be that there is less noise and less equipment lying around for people to see. Mr. Cormier also noted that most of Mr. Becker’s work is done outside and that he travels away from the property on a frequent basis. He also noted that the garage is in compliance with the site requirements. He noted that the facility is well-maintained and been improved upon, and that Mr. Becker works very hard in order to keep it up.
Mr. Jakubowski then commented that the board couldn’t consider Mr. Becker’s business an outside occupation because he is legally based on the property. Mr. Mance noted that Mr. Becker was going to conduct retail operations, but people would pick the brand of fence there while he did the installations. The board was focused on the hours that he would be using his equipment to do manufacturing and hours that people would come in to pick fencing. Mr. Mance proposed modifying using the existing permit; Mr. Jakubowski said that would not be allowed.
Mr. Pennebaker said that the storage area on Mr. Becker’s property has been greatly expanded in recent times. He also said that the site looks like a small industrial area than a roadside commercial business. Mr. Williams said to Mr. Becker that he considers the retail business a bad fit for the residential neighborhood because his property looks like a small industrial establishment. Mr. Williams also noted that the board would have to approve his permit with a few modifications. Mr. Young noted that he lived in Hidden Valley and also thought that Mr. Becker’s business was a poor fit for the residential neighborhood. Mr. Knafel noted that Mr. Becker’s property has looked a lot better in the last two years.
Mr. Cormier noted to Mr. Young that Mr. Becker would try to hide his equipment from the road as much as possible. He also noted that the garage was the main issue. Mr. Jakubowski said that he was still concerned about Dr. Ketcham and the lack of contact between him and Mr. Becker. He also said the problem was still maintaining some semblance of what would appear to be a retail area. Mr. Cormier wanted to talk about the garage solely; Mr. Jakubowski said that the meeting was intended to discuss site review as well. He said that they needed to make some changes so that a new site plan could be issued. After reviewing the site plan, Mr. Cormier suggested that they draw up some revisions at the table immediately. Mr. Jakubowski suggested that they temporarily adjourn the case until the next meeting. The case was adjourned.
Mr. Mance stepped down before the discussion of the White issue (Item C) started.
The matter was noted that a letter of notice was sent to property owners near Mr. White’s and that they were warned about this meeting which was tonight, and that the next meeting to discuss the issue was going to be the 26th of July.
A motion was made by Mr. Young to adjourn the issue until the next meeting. The motion was seconded by Mr. Pennebaker. The motion passed 5-0-0.
Mr. Cormier proposed a deadline of November 1st to have the issue resolved. Mr. Jakubowski suggested a deadline of October 1st, then give them between 30 and 60 extra days if needed.
A motion was made by Mr. Pennebaker to approve the site plan as amended with the condition that it be carried out by October 1st, with a 30 to 60 day extension to be given if needed. Mr. Young seconded. The motion passed 4-0-1.
New Business: The Vermont Municipal Planning Grant application is now in effect, with a deadline of Sept. 30. Mr. Jakubowski then proceeded to read the provisions of the grant. Mr. Jakubowski said that the board should think on their own about what they might be thinking of doing, and that a copy should be given to the town administrator and the select board. He also noted that the town could be looking to fund their small projects with their grant(s).
Update on the flood plain map: Mr. Jakubowski asked Mr. Mance to call Jim Henderson from BCRC to talk about the issue.
Zoning administrator’s report: None. Mr. Zazzaro noted that he will be gone the week of the 22nd through the 1st of August. Mr. Jakubowski requested that Mr. Zazzaro call Mr. Bubriski to notify him of the meeting on the 26th. Mr. Jakubowski also noted that the former Iron Kettle property on Route 7A was being used by a church group; however, they have neither applied for a permit to hold meetings, nor for the purpose of retail business. Mr. Jakubowski requested that Mr. Zazzaro send the group a notice to apply for a permit.
Minutes: The minutes of 6/28 cannot be approved because there has to be at least 4 members present sitting on the board in order for an approval.
Mr. Jakubowski also noted that there has to be a budget drawn up. Mr. Zazzaro noted that he would put it in the agenda for the first meeting in August. The board also wants to agendize on the permanent solid waste zoning regulations during the meeting in August. Mr. Jakubowski encouraged board members to look at the temporary zoning.
A motion was made by Mr. Mance to adjourn. It was seconded by Mr. Williams. The motion passed 5-0-0.
The meeting was adjourned at 8:52 p.m.
Respectfully submitted,
Paolo S. Rosales
Recording Secretary