GENERAL MINUTES

Members Present: J. Heyer, B. Murphy, J. Beers,

Alternates Present: S. Jones, L. Hayes

Public Present:  S. Taylor, ZA

 

7:00 PM            J. Heyer called the meeting to order. B. Murphy submitted the site visit write up for the Minor’s property at 117 Highbridge Road.   The minutes from July 2, 2008 were reviewed. B. Murphy made a motion to accept the general minutes from July 2, 2008. J. Beers second. J. Heyer, B. Murphy and J. Beers in favor.  B. Murphy made a motion to accept the minutes from the Swanson’s hearing with a correction.  J. Beers second. J. Heyer, B. Murphy and J. Beers in favor.  B. Murphy made a motion to accept the minutes from the Campolungo’s hearing with a correction.  J. Beers second. J. Heyer, B. Murphy and J. Beers in favor.  A hearing for the Cassidy Estates Final Plat Review was scheduled for August 6, 2008.  The paper Map and Mylar for the Strang revision was reviewed.  The Agreement signed by all the property owners who were affected by the change was received, and a copy is in the file.  B. Murphy made a Motion to accept the paper Map and Mylar for the Strang Revision.  J. Beers second. J. Heyer, B. Murphy and J. Beers in favor. J. Heyer signed the Mylar.

 

7:15 PM – BELIVEAU APPEAL OF ZONING ADMINISTRATOR’S DECISION

 

7:55 PM  The paper Map and Mylar for the Joachim project was reviewed.  B. Murphy made a Motion to accept the paper Map and Mylar for the Joachim project. S. Jones second.  All in favor.  J. Heyer signed the Mylar.  Various violations and eviction rules were discussed. 

 

8:15 PM – FAIRFAX INVESTMENTS FINAL PLAT REVIEW

 

8:50 PM – BOISSONEAULT FINAL PLAT ADMINISTRATIVE REVIEW

 

9:15 PM – PFANSTIEL FINAL PLAT ADMINISTRATIVE REVIEW

 

9:30 PM  J. Heyer made a motion to adjourn.  B. Murphy second.  All in favor.

 

 

Respectfully Submitted,    

Cathy Raymond, Planning and Zoning Assistant

 

 

 

Approved:  ________________________________  Date:  _________________2008

                    For the Development Review Board

 

These minutes are unofficial until approved at the next regularly scheduled meeting. 

All motions were unanimously approved unless otherwise indicated. 

 

 

LEON BELIVEAU APPEAL OF ZONING ADMINISTRATOR DECISION

 

DRB Roll Call: J. Heyer, B. Murphy, J. Beers

Alternates Present:  S. Jones, L. Hayes

Public Present: S. Taylor, Z.A.; B. Philips; L. Beliveau

 

7:15 PM             J. Heyer called the meeting to order. The public notice was read and attendees signed in. Interested parties were sworn in.  L. Beliveau made the presentation.  First he talked about other cases he is involved in, including Burlington.  He asked the Board, when he failed to act, what illegal act did he commit?

He talked about manipulation of Zoning Documents.  He mentioned he was found guilty for not having acted.

 

J. Heyer said that renting two rooms to non-family members was a violation under the Bylaws. B. Murphy said he changed the use from a single family dwelling to a rooming/boarding house. She also talked about site plan review and that he needed a Permit.  J. Beers said he needed a Permit. She also mentioned that he made a choice to rent the rooms, and to change the use.  Both B. Murphy and J. Beers stated that whatever issues he has in Burlington were not applicable here in Fairfax.  S. Jones stated that the Bylaws are applicable to all residents of the Town, and all residents go through proper process. She also mentioned the issues of sewer and water that will be affected by the change of use.  J. Heyer added that the State requirements must also be met.  S. Taylor said the sewer and water issues are regulated by the Selectboard.  Zoning regulations are the only issue the DRB is concerned with.  S. Taylor also stated that he has never talked about an “illegal act”, only a Zoning violation – the failure to meet the Zoning Bylaws.  There are two solutions: 1) cease the use of the Rooming/Boarding house or 2) Obtain all the necessary permits. No Zoning Permit could be issued until the appropriate sewer and water issues have been resolved, both with the Town and the State. The State can provide information on sewer and water requirements, and Fire and Safety requirements.  The actual Notice of Violation was discussed along with options for resolutions such as a stay of enforcement or an appeal to the Environmental Court. 

 

B. Philips talked about the violation of the Zoning regulations. Both the applicant and any interested party have the right to appeal.  S. Taylor said the issue was brought to his attention by a citizen who noticed an increase in the number of cars, people and dogs.  B. Philips also added noise, beer bottles, dogs and cars coming and going late into the night. There was more discussion on injunctions and stay of enforcement. It was mentioned that a third room was rented to a non-family member even after the Zoning Violation was issued. B. Philips told the applicant that he was surprised that the applicant did not know that a permit was required for the change in use, given the nature of the applicant’s real estate background. B.  Murphy mentioned that all meetings regarding the Bylaws are warned public meetings.  Any action the Applicant wishes to proceed with needs to be in writing to the Development Review Board. Mr. Beliveau said he will discuss his options with S. Taylor, Zoning Administrator.  S. Jones made a motion to close the hearing to public input and move to deliberative. 

J. Beers second.  All in favor.

 

Respectfully Submitted,

Cathy Raymond, Zoning and Planning Assistant

 

 

Approved:  ________________________________  Date:  _________________2008

                    For the Development Review Board

 

 

These minutes are unofficial until approved at the next regularly scheduled meeting. 

All motions were unanimously approved unless otherwise indicated. 

 

 

 

FAIRFAX INVESTMENTS – FINAL PLAT REVIEW

 

DRB Roll Call: J. Heyer, B. Murphy, J. Beers

Alternate Present:  S. Jones

Public Present: S. Taylor, Z.A.; S. Matteson, D. Handy, G. Handy

 

8:15 PM       J. Heyer called the meeting to order. The public notice was read and attendees signed in. Interested parties were sworn in. G. Handy made the presentation.  Trash is being picked up at individual homes. 

S. Taylor mentioned the final Plat survey has not been received yet with the surveyor’s seal.  S. Matteson talked about the problem of accessibility to the common land that was between the two proposed duplex properties. That existing access will soon be on private land. He also mentioned access to the fire pond that will require maintenance by excavators at least every 5 years.  The best access was between the two proposed duplex units.  The only other access point is a very steep gully.  Many association owners walk through Mr. Matteson’s property to get to the common land.  An easement should be given to the Association for access to the common land, and another easement for large machines to access the pond.  The pipe to the pond was also discussed.  Any time trucks disturb the area, they need to be responsible to clean up the area, not the association members.  There was more discussion on access to the common land.  D. Handy said they are still working with the State for recreational easements for trails on the property.  J. Beers made a motion to close the hearing to public input and move to deliberative session.  B. Murphy second.  All in favor.

 

 

ITEMS NEEDED BEFORE THE PAPER MAP AND MYLAR IS APPROVED:

1.  Surveyor’s seal on final plat

2.  Full map of property showing all boundaries.

3.  Letter and/or supporting documents from Ruggiano Engineering, regarding the access to the pond for large

     vehicles.

4.  Note on Plat regarding access to common land.

 

 

EXHIBITS RECEIVED:

   1.  Letter from Ruggiano Engineering, Inc. with supplemental information regarding stormwater pond and

       location of lots not within the conserved open space area.

 

 

Respectfully Submitted,

Cathy Raymond, Zoning and Planning Assistant

 

 

Approved:  ________________________________  Date:  _________________2008

                    For the Development Review Board

 

 

These minutes are unofficial until approved at the next regularly scheduled meeting. 

All motions were unanimously approved unless otherwise indicated. 

 

                               

BOISSONEAULT – FINAL PLAT ADMINISTRATIVE REVIEW

 

DRB Roll Call: J. Heyer, B. Murphy, J. Beers

Alternate Present:  S. Jones, L. Hayes

Public Present: S. Taylor, Z.A.; F. Conlon, B. Conlon, L. Pollitt, T. Pollitt

 

8:15 PM                         J. Heyer called the meeting to order. The public notice was read and attendees signed in. Interested parties were sworn in. S. Taylor, Zoning Administrator made the presentation.  He had done an administrative review of a two lot subdivision.  The property is a triangle located between Huntville Road and Ferguson of approximately 27 acres.  The applicant hopes to create a lot of approximately two acres surrounding the existing house.  In 1988 the property with the house surveyed as 10 acres.  There were no Zoning Regulations in 1988 and there was no record of any recording in the Town Land Records of the 10 acre lot.  F. Conlon asked about the lot 10 years ago, and was told it was a 10 acre lot.  S. Taylor said he carefully checked all Town and State Records and found no evidence of any recording. B. Conlon mentioned setting a precedent,  if this is approved as a 2 acre subdivision.  The septic system was discussed.  The Applicant plans on abandoning the existing septic system and having a pump station.  B. Conlon also asked about the size of the septic.  The Permit shows it is for a 3 bedroom house.  F. Conlon said the existing house had to be gutted.  She also said nothing perks in that general area.  It is prime agricultural land.  She is concerned that the applicant will break up the rest of the land into 2 acre lots.  Any other subdivision would involve hearings with the DRB and Act 250 possibly would be triggered. B. Murphy questioned the boundary lines.  The lines on the Plat had to do with the unrecorded 10 acre lot.  B. Murphy made a motion to approve the Boissoneault Findings of Fact and Order as written by the Zoning Administrator. S. Jones second.  All in favor.  S. Taylor and J. Heyer signed the Findings of Fact and Order.

 

Items needed before Paper Map and Mylar approved:

   1.  Surveyor’s Seal    

 

 

 

Respectfully Submitted,

Cathy Raymond, Zoning and Planning Assistant

 

 

Approved:  ________________________________  Date:  _________________2008

                    For the Development Review Board

 

 

These minutes are unofficial until approved at the next regularly scheduled meeting. 

All motions were unanimously approved unless otherwise indicated. 

 

        

 

 

 

 

PFANSTIEL – FINAL PLAT ADMINISTRATIVE REVIEW

 

DRB Roll Call: J. Heyer, B. Murphy, J. Beers

Alternate Present:  S. Jones, L. Hayes

Public Present: S. Taylor, Z.A.; L. Pfanstiel; M. Averill

 

8:15 PM                         J. Heyer called the meeting to order. The public notice was read and attendees signed in. Interested parties were sworn in. S. Taylor, Zoning Administrator had done an administrative review of the parcel of approximately 48 acres on King Road. In 2002 six houses were built.  The intent is to subdivide off a 3.64 acre parcel for a new 3 bedroom home, and retain the remaining 44.42 acre parcel for a possible

 new 4 bedroom home.  The smaller parcel contains septic easements for 3 lots from the prior subdivision.  The remaining land also contains septic easements.  Density calculations have been done.  Per M. Averill, Engineer, the perk tests were pretty good. The septic areas and easements were off just a little from the Mylar.   This is not a revision hearing since all the previous lots have been conveyed out. B. Murphy asked about a title search.  This new Mylar will show the correct information, and there will be a paper trail through reference on the revised Wastewater Permit. M. Averill thought it is better to leave the old information on the Plat, to trigger further research, as the verbiage is there. S. Taylor said there is possibility for further subdivision in the future.  A Road Access Permit was approved by the Selectboard.  Scenic vistas were discussed.  L. Hayes made a motion to approve the Pfanstiel Findings of Fact and Order as written by the Zoning Administrator. S. Jones second.  All in favor.

 

 

Respectfully Submitted,

Cathy Raymond, Zoning and Planning Assistant

 

 

Approved:  ________________________________  Date:  _________________2008

                    For the Development Review Board

 

 

These minutes are unofficial until approved at the next regularly scheduled meeting. 

All motions were unanimously approved unless otherwise indicated.