GENERAL MINUTES

Members Present: J. Heyer, B. Murphy, C. Rainville, J. Beers, C. Streets

Public Present: S. Taylor, ZA

7:00 PM J. Heyer called the meeting to order. The minutes from June 18, 2008 were reviewed.

B. Murphy made a motion to accept the general minutes from June 18, 2008. C. Streets second. All in favor. B. Murphy made a motion to accept the minutes from the Minor’s hearing with a correction.

J. Beers second. All in favor. C. Streets made a motion to accept the minutes from the Campolungo’s hearing with a correction. B. Murphy second. All in favor. A hearing for the Woodward’s Administrative Review was scheduled for August 6, 2008. The Cassidy Estates Hearing was discussed. The Board would need all the action items to be submitted as written, before they would schedule the next hearing.

7:15 PM – SWANSON – SITE PLAN AND CONDITIONAL USE TO ESTABLISH A SEASONAL

FOOD RETAIL SALES BUSINESS

7:45 PM S. Taylor told the Board that the paper map for the Strang Revision was presented, but was not the correct size. Due to consistency, the Board requested an 18” X 24” map before it could be reviewed. The Kranz Mylar was reviewed. The paper map was reviewed on 06/18/2008. C. Rainville made a motion to accept the Kranz Mylar. C. Streets second. All in favor. J. Heyer signed the Mylar. The White/Bloom paper map and Mylar were reviewed. C. Streets made a motion to accept the Paper Map and Mylar for the White/Bloom Project. J. Beers second. All in favor. J. Heyer signed the Mylar.

8:00 PM – CAMPOLUNGO – RECESSED SITE PLAN AND CONDITIONAL USE FOR MOTOCROSS TRACK PERMIT

9:00 PM S. Taylor submitted a letter from Robert Campolungo withdrawing his application for a Motocross Track Permit. The Board then had a discussion on noise in town created by various forms of motorized vehicles.

J. Beers, C. Streets and S. Taylor, ZA left.

9:05 PM B. Murphy made a motion to enter Deliberative Session. C. Rainville second. J. Heyer, B. Murphy and C. Rainville in favor.

9:30 PM B. Murphy made a motion to exit Deliberative Session. C. Rainville second. J. Heyer, B. Murphy and C. Rainville in favor. C. Rainville made a motion to adjourn. B. Murphy second. J. Heyer, B. Murphy and C. Rainville 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.

CHARLES AND NICOLE SWANSON – SITE PLAN AND CONDITIONAL USE TO ESTABLISH

A SEASONAL FOOD RETAIL SALES BUSINESS

DRB Roll Call: J. Heyer, B. Murphy, C. Rainville, C. Streets, J. Beers

Public Present: S. Taylor, Z.A.;

7:15 PM J. Heyer called the meeting to order. The public notice was read and attendees signed in. Interested parties were sworn in. The map submitted showed three possible locations for a mobile, seasonal food retail sales business. The location nearest to the main road has electricity and water access, but the other locations would be possible back-up locations as needed. There will be no permanent structure, but only a mobile building on wheels. The Nursery is only open May through October, and the restaurant would have a similar time frame.

C. Streets asked about signs. Mr. Swanson thought they would use a sandwich board style removable sign. Any lights will probably be part of the trailer style food business. The town regulations will be followed. B. Murphy asked about bathroom facilities. There is a porta-potty on the property during the months of operation. Garbage will be removed by the food business operator. J. Beers asked about increased traffic. The peak hours of the nursery are different from the peak hours of the food business. The traffic pattern should be spread out throughout the day and evening hours. J. Heyer asked about business hours. The restaurant will probably not open until 11AM, but stay open until 10 or 11PM. Discussion centered on the number of uses on the property. It was decided that this business would not be a principle use, but incidental and secondary to the other uses of a residence and an agribusiness. A permit will be needed for the conditional use. C. Streets 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.

CAMPOLUNGO – RECESSED CONDITIONAL USE AND SITE PLAN FOR A MOTOCROSS TRACK PERMIT

DRB Roll Call: J. Heyer, B. Murphy, C. Rainville, C. Streets, J. Beers

Public Present: S. Taylor, Z.A.; P Bartholomew; R. Bartholomew; S. Ziegler; J. Ingalls; W. Bowman; G. Hagenbach;

M. Ingalls; S. Downs; K. Downs; A. Rainville; K. Berard-Brown; J. Cornwell; G. Ryan; L. Ryan; R. Campolungo

8:00 PM J. Heyer reconvened the hearing from June 18, 2008. The public notice was read and attendees signed in. Interested parties were sworn in. B. Murphy submitted the write-up from the site visit. The track is in a bowl type area and is open to the other properties in the neighborhood. Screening may be needed, but it could also block the views. A letter from W. Bowman was submitted to the Board. B. Murphy talked about the road that was mentioned in Mr. Bowman’s letter and the possibility that the road may need to be upgraded due to the additional use. Mr. Campolungo talked about leveling the track and riding on his land. Over time the riding will form a type of track in the land. C. Streets questioned what it would mean if the track was permitted, including the surface of the track and the jumps and corners. S. Taylor pointed out that a track would be treated on its own merits. In this case the former owners moved tons of dirt and brought in heavy construction equipment. He will investigate complaints brought to his attention. B. Murphy stated everyone has the right to use their own property, but they must follow the performance standards as stated in the Zoning Bylaws. C. Streets emphasized that each case is heard on its own merits. C. Rainville said if noise doesn’t bother anyone, then it is not an issue.

J. Heyer went around the room and asked for public input. Points brought up included:

1. R. Bartholomew - Number of jumps to make a track; commercial vs private use

2. S. Ziegler – Questioned if a track has ever been permitted in Town before.

3. J. Ingalls – Other Towns are noticing this case and the possible implications; noise does not go away.

4. W. Bowman – Hearing notification; value of case law; ROW

5. G. Hagenbach – Do performance standards apply to anyone who rides on their property? History in the neighborhood has

been hurtful.

6. M. Ingalls – Performance standards; Audio and Video tape should be seen and heard by Board.

7. A. Rainville – Asked about Noise Ordinance.

8. G. Ryan – Issue is personality driven, not reality driven; Property rights; riding rights. Track does not need a permit as long as

it meets the performance standards.

9. L. Ryan – Need respect for each other. The applicant is a very respectful person. Neighbors need to trust and live together.

10. S. Downs - mentioned that other loud equipment usually only run for a very short time span.

11. K. Berard-Brown – excessive noise and dust affects wild life in area.

12. J. Cornwell – Permitting the track was the sticking point. If Applicant withdrew his application it would be a win-win

situation.

B. Murphy mentioned if the applicant withdrew his application for a Permit, he still would be allowed to use his property for recreation as long as he followed the performance standards. Mr. Campolungo asked his neighbors to give him a chance. If they have a problem, please just come and talk to him. C. Rainville made a motion to close the hearing to public input and move to deliberative. J. Beers second. All in favor.

EXHIBITS RECEIVED:

1. Write-up from Site Visit dated 07/02/2008.

2. Letter from William Bowman III, dated June 30, 2008.

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.