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 4, 2008 were reviewed. C. Streets made a motion to accept the general minutes from June 4, 2008 as written.  B. Murphy second. All in favor.  B. Murphy made a motion to accept the O & R Realty (Bushey) minutes from June 4, 2008 with changes noted. C. Rainville second. All in favor.  The paper map for the Kranz Revision was reviewed. The Board agreed that a Mylar, identical to the paper map submitted, could be made. 

 

7:15 PM            MINOR – CONDITIONAL USE/SITE PLAN FOR PUD (117 Highbridge Road)

 

8:15 PM            CAMPOLUNGO - CONDITIONAL USE/SITE PLAN ( 35 Shedd Road)

 

 

9:30 PM  The Paper map for Pam Superneault was reviewed.  The scale of the reduced copy of the map was off, but the dimensions were all assumed to be correct.  The scale was assumed to be in proportion to the large map presented.  The Board agreed that a Mylar, identical to the paper map submitted could be made.  C. Raymond will not be present at the hearings on July 16, 2006.  C. Streets agreed to take minutes and participate in the hearings.  Three members of the Board took copies of the new Town Plan to review and write comments for the Planning Commission Hearing scheduled for Tuesday July 15, 2008. The issue of road frontage and access was again discussed.  The Board again agreed that the required 200 feet of frontage needs to be a usable access, not just an easement on a Map and Deed.

9:45 PM C. Streets made a motion to adjourn.  C. Rainville 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. 

 

 

JASON AND ELIZABETH MINOR – CONDITIONAL USE AND SKETCH PLAN

 

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

Public Present: S. Taylor, Z.A.; D. Bellows; D. Nixon; R. Campolungo; P. Bartholomew; R.

                          Bartholomew; E. Minor; J. Minor

 

7:15 PM             J. Heyer called the meeting to order. The public notice was read and attendees signed in. Interested parties were sworn in.  Jason Minor made the presentation.  The building that is under construction now has been permitted for a large (7 bedroom, 8 bathroom) single family home.  In the future they hope to operate a small B & B to help generate income for the farm, commercial, and community uses they hope to complete at a later time. The south portion of the property will have a large barn that will be used for selling produce.  They hope to sell the produce from their farm located on the property, and also have a farmer’s

co-operative and sell produce from various local farms. They will be doing most of the work themselves.  They will be following all the State and Local Regulations.  They also are required to follow Vermont Land Trust Guidelines.  C. Streets asked why this project should be a Planned Unit Development (PUD).  S. Taylor talked about the mixture of uses on a single piece of property; residence, Bed and Breakfast, Co-op Farm, retail space, event space, and other uses. J. Beers questioned the letter from the Land Trust, as it only referred to the Bed and Breakfast.  Per J. Minor, they will be getting more approvals for the other facets of the project.  They are not allowed to proceed without approval from the Land Trust.  After discussion, the Board agreed the project in general is unique and innovative with multiple uses that fits the profile of a PUD.

 

B. Murphy asked about a road crossing.  That issue has not been addressed yet.  She also asked about lighting.  The Applicant agreed to follow the Bylaws regarding downcast outdoor lighting and signs. B. Murphy then asked about trash collection.  The Town’s contractor will pick-up trash from individual residences, however, this project will be a commercial use. Also the waste from the production of products such as cheese was brought up. J. Beers brought up the issue of parking. The height of the future barn was questioned.  It has not been determined yet.  C. Rainville asked about fire safety, and if they are considering putting in a fire pond, as they are a long way from a water source.  Mr. Minor talked about having two wells on the property and a sprinkler system in the Inn.  He also said the property is fairly close to the fire station. The Applicant has received State Highway Permits for commercial driveways on both sides of the road.   The driveways must be wide enough for two cars. S. Taylor will make a copy of these Permits from his parcel file and add them to this project file. 

 

R. Bartholomew asked about the number of Bedrooms in the proposed Inn or B&B.  They plan on keeping it small and having five bedrooms. The Board had received a letter from M. Croft with a few questions, that C. Streets asked the applicant.  The first was a definition of the Community Center.  Mr. Minor said the top floor of the barn will be a function hall that hopefully will be rented out for special events such as weddings and large parties.  The Applicant also hopes to be able to host community events there. It will be a multi-use facility. The second question concerned the hours of operation for “Music on the Green”.  Mr. Minor said that is on his wish list of future uses that would need Town involvement.  He would guess that it would be in the 6:30-9:30 PM time range.  E. Minor mentioned the fiddle concerts near the school, and the small number of people who attend.  The last question from M. Croft concerned parking that was previously discussed.  A septic system for the South side of the Road was also discussed.  The project was classified as a Major Subdivision due to the multiple non residential uses in the PUD.  A site visit was scheduled for 6:30 PM on July 16, 2008. 

 

 

 

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EXHIBITS RECEIVED:

            1.  Unsigned letter from Vermont Land Trust regarding approval of Overflow Parking (2 pages), dated

                 11/20/2006.

            2.  Copy of cover letter dated 11/09/06 regarding highway access on north side of road – complete

                permit in parcel file HB0117.

            3.  Copy of cover letter dated 11/09/06 regarding highway access on south side of road – complete

                permit in parcel file HB0117.

 

ACTION ITEMS:

            1.  Copy of Application to the State of Vermont for two pedestrian crossing signs on Rte. 104A.

            2.  Arrangements for pick up of trash for commercial aspect of project.

            3.  Arrangements for disposal of byproducts from production of cheese and/or other products.

            4.  On the Plat, show areas for parking for regular operation and for special events.

            5.  Determine months and hours of operation for regular operation and for special events.

            6.  Letter from Fire Department confirming that they can adequately protect the property, once the

                height of the barn and all structures have been determined.

            7.  On Plat, show slopes greater than 25%.

            8.  On Plat, show natural features such as scenic vistas.

           

 

 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. 

 

 

 

 

 

 

 

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CAMPOLUNGO – CONDITIONAL USE AND SITE PLAN

 

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

Public Present: S. Taylor, Z.A.; D. Bellows; A. Pellerin; R. Pellerin; D. Nixon; P Bartholomew; R. Bartholomew; K. Berard-Brown; J. Cornwell; S. Ziegler; S. Downs; S. Webb; J. Chagnon; M. Ingalls; G. Hagenbach; J. Ingalls; K. Downs; L. Ziegler; R. Campolungo; J. Nixon

 

8:15 PM   J. Heyer called the meeting to order. The public notice was read and attendees signed in. Interested parties were sworn in.  R. Campolungo made the presentation. He mentioned that he and his family were disappointed to learn that they could not use the track that was on his property.  He is not looking to inconvenience the neighbors.  He and his daughter do ride their stock equipment around their property and hope to enjoy the track that is there.  They hope to compromise with their neighbors.  He mentioned that other neighbors also ride on their own property. J. Heyer asked about Mr. Campolungo’s daughter and her friends using the track. R. Campolungo does not know of any friends that have bikes.  J. Beers asked about the size of equipment and more powerful future equipment. J. Heyer asked about jumps.  The largest two jumps could be taken out, but the smaller ones will remain.      

 

J. Nixon talked about the Environmental Court Case. If the Permit is approved, he would like to have conditions put on its use. He thought removing the two large jumps would be very difficult due to the amount of materials put in. He said the excavations should never have been done in the first place.  He thought if a permitted track was there, someone will use it.  D. Bellows main concern was the noise. R. Campolungo said the equipment they use is quieter than a chain saw or a weed whacker.  A. Pellerin does want restrictions put into place.  R. Pellerin does not want a lot of noise. D. Nixon read and submitted a letter to the Board regarding conditions to be put on the track. She also mentioned very thick dust when the track was in use. P. Bartholomew mentioned noise, air pollution, dust, pollens and allergens. She said the applicants seem willing to work with the neighbors. Her main concern is for the value of the homes in the neighborhood.  One realtor thought the track would have minimal impact providing there were enforceable conditions placed on the use, and if there was a barrier around the track.  Two other realtors thought there would be a negative impact on property values due to loss of: peace and quiet; natural beauty; and wild life. R. Bartholomew thought there are grounds to deny the track,Specifically Article 4, Sections 4.1, D, 2 &3.  He further said he is sensitive to the use of your own land, but he thought a permitted track brings the issue to a different level of potential use. He is concerned about what would happen with an ownership change.  He asked the Board to consider this permit for the track as if it was a new use, and asked if it would be allowed to be built today. 

 

K. Berard-Brown mentioned she was a biker, but did not think the track fit in the neighborhood.  The neighbors need quiet, and the track would need restrictions. J. Cornwell had concerns that were already mentioned.  S. Downs talked about the zoning district and that there are horses and alpaca in the area.  A race track does not fit.  He is concerned that the track will attract other riders, and the bikes are bound to change over time.  He also mentioned that his work schedule is varied, and a quiet back yard with mountain views is a selling point for his home. He does not want to be facing a track. He asked about enforcement of possible restrictions.  S. Taylor, Z.A. stated it is his job to enforce the Bylaws and Permits, and it is the neighbors’ responsibility to notify him of any problems.  S. Webb said everyone has a right to ride on their own property, but she is opposed to the track. Once the track is permitted, she was concerned about the escalation of noise. J. Chagnon had concerns that were already mentioned.  M. Ingalls does not want the applicant to take all the opposition as a personal attack.  They all need to live in tranquility. The original track started small, but the dust and dirt got greater over time.  The previous owners violated the Bylaws due to a change of use of the land without a Permit.  He asked the Board to deny the permit under Article 4, Section 4.2 (2) and 4.2 (4).  He said the track is out of place and out of character for the neighborhood.  If it is permitted, it will be used.  He asked the Board to listen to a CD that was previously presented.  S. Taylor mentioned that the noise level on the CD can be adjusted by the volume control. 

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G. Hagenbach submitted a letter to the Board regarding the neighborhood, Bylaws, the Environmental Court Hearing, and possible conditions.  She mentioned she was not as impacted by the use of the track as others, but the amount of dust did impact her.  She hopes the Board imposes clear, firm boundaries on the use of the track.  She said she believes the Applicant is sincere, but the solution needs to be workable, no matter who lives in the home.  She was concerned about the impact of excessive use of the track.  J. Ingalls presented a petition signed by 15 neighbors requesting the Board deny the Permit.  She said the track that is there now was never permitted and is in violation of the Bylaws.  She talked in length about the Court Order and enforcement.  The track was abandoned, but the land was never restored.   L. Ziegler said the applicant seemed to be very considerate, but he is concerned about what will happen when the applicant is not there.  Property values are very important to him.  He mentioned that restrictions may be workable.  He also talked about the exhaust system on the bikes.  K. Downs stated she was good friends with the Ackermans, but she was eventually kicked off their property.  She appreciates that the applicants are trying to be neighborly, but a situation can turn bad very quickly.  S. Ziegler asked the applicant if they would ride through the grass with no limitations.  The applicant thought it would cost a couple of thousand dollars to level the track out. He also mentioned that any stipulations on the track will continue for future owners.  If any one trespasses on to the track, he would want the police to be called. B. Murphy asked about Insurance issues.  Mr. Campolungo mentioned he did talk to an agent, and there was no issue with the track.  K. Berard-Brown mentioned the jumps again.  She also asked him why he did not talk to the neighbors concerning the track.  He said they are quiet people who generally keep to themselves. 

 

A site visit is scheduled for July 2, 2008 at 6:30 PM.  B. Murphy made a motion to recess the hearing to

July 2, 2008 at 8:00 PM. C. Streets second.  All in favor. 

 

 

EXHIBITS RECEIVED:

   1.  Letter from Dorothy Nixon regarding conditions to be put on the track.

   2.  Letter from G. Hagenbach regarding the neighborhood, Bylaws, the Environmental Court Hearing, and

        possible conditions.

   3.  Petition to deny the Permit signed by 15 neighbors.

 

POSSIBLE CONDITIONS DISCUSSED:

   1.  Two largest jumps to be taken out.

   2.  Only two bikes to be used at a time.

   3.  Only stock bikes allowed, limit size of engine to either 100 or 125 cc’s.

   4.  Limited time frame for use: both hours of use, and amount of time for use at one session.

 

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. 

 

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