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MARSHFIELD
DEVELOPMENT REVIEW BOARD
Approved Minutes of January 4, 2007
Board Members present: James Arisman, Paul Brierre, Tom
Daley, and Gary Wilson. Also attending: Zoning
Administrator Bob Light, Wayne Kowalski, Susan Kowalski,
Tonya Morehouse, Kevin Morehouse, Colby Morehouse, Tyler
Morehouse, Brad Washburn, Andy Russell, Dorothy Knowles,
Tom Knowles, Deborah Tousignant, Bruce Hayden, and Bob
Popp of the Marshfield Conservation Commission.
Board member Gary Wilson was back in attendance, after
taking an absence of several months. James informed the
Board that Martin Johnson had submitted his resignation
from the Board, effective January 1, 2007, and would
therefore not be in attendance.
At 7:15 pm the Board opened the Preliminary Plan hearing
on the
Subdivision/PRD
application of
Wayne and Susan
Kowalski.
Their home lot on Maple Hill Road consists of
approximately 77 acres, which they wish to divide into 4
lots, one of which is intended as a new building lot for
two single family residences. Due to the natural
conditions on this proposed lot, the Kowalskis feel that
the only reasonable place to site these homes would be
in an area that lies in the Forestry and Conservation
zoning district. The Zoning Regulations prohibit
full-time residences in this district, however, so the
Kowalskis are seeking approval for this plan as a
Planned Residential Development.
In its Sketch Plan Determination letter, issued
following the initial meeting on this application, the
Board stressed its general view that PRD provisions are
properly applied to development proposals which
represent a general, collective benefit in the growth
and development of the Town, and would not be approved
solely to relieve a landowner of the encumbrances of the
Zoning Regulations. To address this concern, Wayne made
a brief presentation of how this plan, if approved,
would be consistent with the stated objectives of the
Town Plan, and why approval would be appropriate under
the Regulations given the stated purpose of using the
PRD
process to encourage flexibility of design and to allow
for the development of lots that might not otherwise be
developable due to natural conditions. Brad Washburn,
who developed the site plan drawing for this proposal,
described the conditions on the different areas of the
lot that led him to site the planned construction and
septic installations as he has.
Bob Light pointed out that the Town of
Marshfield adopted new Zoning Regulations effective
November 1, 2006, but that Wayne was making reference to
the Regulations as they existed prior to that date.
Wayne responded that he believed the controlling
regulations would be those that were in effect when they
filed their application in September 2006.
Preliminary Plan hearing was closed at 7:55
pm. The Board will issue a written decision.
At 7:55 pm the Board held an initial meeting with
Dorothy Knowles,
who has submitted an application to create a 2 lot
Subdivision
on an undeveloped lot on Maple Hill Road. She intends to
grant a10-acre portion to Thomas Knowles for
construction of a one-family residence. Public Hearing
on this application is scheduled for
Thursday, January
18, 2007 at 7:00 pm.
In the meantime, the Board will issue a Sketch Plan
determination.
At 8:05 pm the Board held an initial meeting with
Deborah Tousignant
and Bruce Hayden
on Deborah’s
Subdivision
application for their home parcel along the bank of the
Winooski River in Marshfield Village. Their plan would
create 3 lots, and they wish to build a new home on one
of them. In a previous discussion with Dorothy and
Bruce, the Board indicated that it will be critical to
establish which portion of the property is in the
Floodplain and Water Conservation zoning district,
because that area would be off limits to construction.
Bruce showed the Board how the lot lies out against a
federal flood control map from the National Flood
Insurance Program (NFIP). This map indicates that almost
all of the 5.8 acre source parcel lies in the area
designated as the “100-year” flood zone. Bruce stated
that this map was not precise, however, because they
have a letter from the State indicating that the
location of their existing house is not actually in the
flood zone. He also pointed out that, even taking the
federal map as it is shown, the location where they
propose to build immediately is clearly outside of the
designated flood zone. The Board will look into the
matter of how they will determine the zoning district
boundaries with regard to this property, and indicate
how they plan to proceed with this application when they
issue the Sketch Plan determination letter.
At 8:25 pm the Board met with
Bob Popp
of the
Marshfield Conservation Commission.
Bob described the function of the Commission, and
invited the DRB to consult with Commission members if
their input would be helpful on any review matters which
may arise in future. The Board thanked him for the
opportunity, and expressed their appreciation for this
new town resource.
At 9:00 pm Bob Light updated the Board on a meeting the
Planning Commission held with Margaret Torizzo of the
Dept. of Environmental Conservation on the topic of
enforcement of development restrictions within the
State’s floodways, and the requirements for the Town to
remain in good standing with the NFIP. Bob indicated
that State and Federal regulators are stepping up
enforcement of rules related to flood safety, and wanted
the Board to be aware of this as they evaluate proposals
involving the Town’s floodplain.
At 9:10 pm Paul moved to accept the minutes of December
7, 2006 as drafted. Seconded by James, all in favor. The
Board then went into closed session to deliberate on
several pending decisions.
At 10:00 pm Gary moved to adjourn the DRB meeting.
Seconded by Paul, all in favor.
Respectfully submitted,
Tom Daley
The foregoing is a true
copy of the minutes of the January 4, 2007 Development
Review Board meeting.
Attest,
____________________________________________________,
Town Clerk
***********************************************************************************************************************************
MARSHFIELD
DEVELOPMENT REVIEW BOARD
Approved Minutes of January 18, 2007
Board Members present: James Arisman, Paul Brierre, Tom
Daley, and Gary Wilson. Also attending: Zoning
Administrator Bob Light, Dorothy Knowles, Tom Knowles,
Gordon Durkee, Art Gilman, Bruce Hayden, Tim Booth,
Kevin Camara, and Wayne Elliott.
At 7:00 pm the Board opened public hearing on the
Subdivision
application of
Dorothy Knowles.
Dorothy wishes to create a new 10 acre building lot from
her undeveloped property on
Maple Hill Road. She submitted a corrected plat map,
along with copies of deeds showing that she is currently
the sole owner of the property in question. The Board
closed the hearing at 7:15 pm.
Tom then shared with the Board some information he had
unearthed to help pinpoint the specific location of the
100 year flood line, as designated by the National Flood
Insurance Program. This information helps to determine
the limits of the Town’s Floodplain and Water
Conservation zoning district.
At 7:30 pm the Board opened public hearing on the
Conditional
Use/Site Plan
application of the
Village of
Marshfield.
They seek to add filtration equipment to the public well
on Folsom Hill Road, in order to remove uranium from the
drinking water supply for the Village. This plan calls
for routing the water through filtering canisters, to be
housed in a small addition to the existing utility
building on the site. Periodically, the filters will be
flushed, and the contaminated flush water sent through a
holding tank to a new leach field. Kevin Camara and
Wayne Elliott explained the specifics of the plan on
behalf of Forcier Aldrich & Associates, while members of
the Village Board of Trustees described the details of
the problems the Village has been having with its water
supply, and the reasons for pursuing the present plan.
After a series of questions from each DRB member, the
hearing was called to a close at
8:10 pm.
At 8:15 pm James moved to accept the minutes of January
4, 2007 as drafted. Seconded by Gary, all in favor. The
Board then went into closed session to deliberate on
pending decisions.
At 9:50 pm Paul moved to adjourn the DRB meeting.
Seconded by Gary, all in favor.
Respectfully submitted,
Tom Daley
The foregoing is a true
copy of the minutes of the January 18, 2007 Development
Review Board meeting.
Attest,
____________________________________________, Town Clerk
***********************************************************************************************************************************
MARSHFIELD
DEVELOPMENT REVIEW BOARD
Approved Minutes of February 1, 2007
Board Members present: James Arisman, Tom Daley, and
Gary Wilson.
At 7:00 pm Tom distributed a list he prepared of
subdivision maps that had been filed with the Town’s
Land Records that needed DRB endorsement. Each survey
drawing filed following subdivision approval must be
signed by two Board members to verify that the map filed
matches the plan that had been approved. Tom’s list also
indicated potential problems with recent filings by
Dan and
Dimples Mucherino
and Ellen
Cooke and Trevor Tait.
Both pairs of applicants have filed deeds that fail to
comply fully with conditions included in their
respective subdivision permits.
At 7:10 pm the Board went into closed session to refine
their written decision on Wayne and Susan Kowalskis’ PRD
application.
At 7:30 pm Gary moved to accept the minutes of January
18, 2007 as drafted. Seconded by James, all in favor.
James then moved to adjourn the DRB meeting. Seconded by
Gary, all in favor.
Respectfully submitted,
Tom Daley
The foregoing is a true
copy of the minutes of the February 1, 2007 Development
Review Board meeting.
Attest,
_________________________________________________________,
Town Clerk
****************************************************************************************************************************************
MARSHFIELD
DEVELOPMENT REVIEW BOARD
Approved Minutes of March 1, 2007
Board Members present: James Arisman, Tom Daley, and
Gary Wilson. Also attending: Dina Bookmyer-Baker.
The Board opened its meeting at
7:00 pm.
Dina Bookmyer-Baker was in attendance to learn more
about the DRB and its work. She is interested in the
possibility of filling one of the two vacancies on the
Board, and wanted to know more about what would be
involved and what qualities the ideal candidate should
bring to DRB service. The Board informed her that the
selection of new DRB members is done entirely by the
Selectboard, and the Board did not expect to be
consulted on the choice. They did not know where the
Selectboard was in the selection process, but
recommended that Dina be sure to make the Selectboard
aware of her willingness to serve.
Bob Pearson
has Appealed
a notice of violation he has received from Zoning
Administrator Bob Light. The notice cites him for
allowing residential use of a non-residential structure
on his property on Route 2, and imposes a fine for each
day he remains in violation. The Board set a public
hearing on this matter for
Thursday, April 5,
2007 at 7:15 pm.
At 7:30 pm Gary moved to accept the minutes of February
1, 2007 as drafted. Seconded by James, all in favor. Tom
then pointed out to the Board that the newly printed
Town Report includes a table that indicates the Town
issued no permits at all for subdivisions, site plans,
conditional uses, or variances during all of 2006. He
has since provided the Town Clerk with the actual totals
for DRB approvals during the year: 3 Subdivisions, 4
Site Plans, 2 Conditional Uses, 1 Appeal, and 1 Variance
request.
This meeting was Tom’s last as a member of the DRB. He
turned over a set of keys, along with computer files of
Decisions and official correspondance that he had
generated on behalf of the Development Review Board
since its inception in 2001. James and Gary both
expressed their appreciation for the quality of his work
with the Board over the years.
At 7:35 pm James moved to adjourn the DRB meeting.
Seconded by Gary, all in favor.
Respectfully submitted,
Tom Daley
The foregoing is a true
copy of the minutes of the March 1, 2007 Development
Review Board meeting.
Attest,
____________________________________________________,
Town Clerk
***********************************************************************************************************************************
MARSHFIELD DEVELOPMENT REVIEW BOARD
Approved Minutes of April 5, 2007
Board Members present: James Arisman, Paul Brierre, Dina
Bookmyer-Baker, and Gary Wilson. Also attending: Bob
Light, Zoning Administrator; Bruce Hayden.
Others attending regarding Twinfield Union School site
plan review: Owen Bradley, principal; and Norwich
University students: Brian Kubak; Scott Gross; Amanda
Connary; Justin Thibeault; Emily Farnsworth; Angela
Rayburn; Matthew Reed.
Appeal of Bob
Pearson
The Board opened its meeting at 7:05 p.m. but did not
conduct business until 7:15. At 7:15, the DRB members
took note that Bob Pearson had not appeared for the
hearing that had been warned for that time on this
evening. Mr. Pearson had appealed a notice of violation
he had received from Town Zoning Administrator Bob
Light. The notice cited Mr. Pearson for allegedly
allowing residential use of a non-residential structure
on his property on Route 2, and imposed a fine of
$100.00 for each day that this violation continued. At
7:20 p.m., the DRB members noted that Mr. Pearson had
not appeared. The DRB members agreed to move on to
other matters of business to allow Mr. Pearson
additional opportunity to appear. The members agreed to
take up the Pearson appeal following the completion of
other intervening business. See additional
discussion below regarding this appeal.
Site Plan
Review: Twinfield Union School
At 7:20 p.m., the DRB took up the application for site
plan review from Twinfield Union School with regard to
the proposed construction of an outside classroom
pavilion on school grounds. Principal Owen Bradley and
the above-named architecture students testified in
support of the school's application for site plan review
and answered questions from the DRB's members. At 7:50
p.m. the hearing in this matter was closed.
Hearing
Scheduled for May 3 on Application for Subdivision of
Deborah Tousignant: Warning Required
Bruce Hayden appeared on behalf of Deborah Tousignant
with regard to her application for subdivision. Mr.
Hayden indicated that necessary survey work and
preparation of documentation was well underway and that
Ms. Tousignant wasa requesting a May hearing date before
the DRB. The DRB members agreed to hear the matter at
7:15 p.m. on May 3, 2007. Mr. Hayden was reminded to
provide notice of the hearing to adjoining residents and
landowners.
The Town Clerk
will be requested to warn the matter for May 3, 2007 for
the DRB.
Appeal of Bob
Pearson
At approximately 8:00 p.m. the DRB returned to the
appeal of Robert Pearson. However, Mr. Pearson still
had not appeared by this time for the DRB hearing on his
appeal. The DRB noted that Mr. Pearson had not
requested a continuance and had not communicated in any
way that he was unable to appear for the scheduled
hearing. The DRB members agreed proceed with hearing
the appeal by Mr. Pearson. At this time, Zoning
Administrator was sworn in and presented testimony
regarding his investigation and information regarding
his citation of Mr. Pearson for violation of the Town
zoning ordinance by permitting his property at 7703 U.S.
Route 2, Town of Marshfield, Parcel ID #RT 016 to be
used for residential purposes. Mr. Light presented his
evidence and was questioned by the DRB members. No
other testimony or evidence was received At 8:25 p.m.
the hearing on Mr. Pearson's appeal was closed, and the
Zoning Administrator departed.
The DRB deliberated on various matters until 9:00 p.m.
Paul moved adjournment, seconded by Gary. All voted in
favor, and the meeting of the DRB was adjourned.
Respectfully submitted,
By: _____________________
James Arisman, For the DRB
The foregoing is a true
copy of the minutes of the April 5, 2007 Development
Review Board meeting.
Attest,
________________________________________________________,
Town Clerk
***********************************************************************************************************************************
MARSHFIELD DEVELOPMENT REVIEW BOARD MINUTES
--D R A F T—
May 3, 2007
Members present: James Arisman, Jim Barlow (new
appointee), Paul Brierre, Dina Bookmyer-Baker, and Gary
Wilson. Also attending: Bob Light, Zoning
Administrator; Bruce Hayden, Mark Bisson, Alice Merrill,
David Montgomery, and Leslie Howe.
Alice
Merrill, David Montgomery. Possible Subdivision
Application
These individuals appeared to discuss with the DRB
possible subdivision from their parcel of land that
would be sold to Leslie Howe for use as horse pasture.
Application
for Subdivision of Deborah Tousignant
Bruce Hayden appeared on behalf of Deborah Tousignant
with regard to her application for subdivision. The DRB
began the hearing on the matter at approximately 7:15.
Mr. Hayden indicated that needed survey work and
preparation of documentation had been completed. Mr.
Pearson appeared with maps and documentation pertinent
to this application, including information regarding
elevations within the current parcel, which is located
in the Village. The application proposes to divide the
parcel into 3 lots. Mr. Hayden believes that the
elevations within at least two of the three proposed
parcels are not within the limits of the
floodplain, and therefore, these lots may be subdivided.
This matter will continue with further hearing on May
10, 2007 at 7:45.
Appeal of Bob
Pearson
The DRB members signed and forwarded to the Town Clerk
the written decision on Mr. Pearson's appeal.
Site Plan
Review: Twinfield Union School
The DRB Members continued deliberations on this matter.
The DRB agreed that drafting of the written decision
could begin.
The DRB deliberated on various matters until
approximately 9:45 p.m. The DRB approved without change
the draft minutes of the May 3, 2007 meeting. Gary then
moved adjournment, seconded by Dina. All voted in
favor, and the meeting of the DRB was adjourned.
Respectfully submitted,
By: _____________________
James Arisman, For the DRB
***********************************************************************************************************************************
MARSHFIELD DEVELOPMENT REVIEW BOARD
Draft
Minutes of
June 7, 2007
Board Members
present: Jim Barlow, Dina Bookmyer-Baker, Paul Brierre
and Gary Wilson. Also attending: Zoning Administrator
Bob Light, Brian Carter, Tom Carter, Siobhan Smith and
Charles Hafner.
At 7:00 p.m. the
Board went into executive session.
At 7:40 p.m., the
Board commenced a preliminary hearing on a conditional
use application submitted by Brian Carter to build an
addition of approximately 1700 square feet onto an
existing commercial structure. As an initial matter, a
hearing was scheduled for July 5, 2007. Bob Light
raised a question regarding the use of a portion of the
Carter’s building. Bob indicated that several years ago
the Carters had applied to add on to their structure to
make space for a race car. The purpose of the addition
was therefore for personal accessory use rather than
commercial. The Carters had since indicated that the
space is not being used for their business. Bob advised
that the Carters should include a change of use request
with respect to this previous addition, and that they
should provide their neighbors with notice of this
change, as well as notice of the conditional use
application. Mr. Carter indicated he would do so. The
Preliminary Hearing was concluded at
7:15 p.m.
At 8:00 p.m., the
Board commenced a preliminary hearing on an application
by Key Bank National Association, Trustee for a minor
subdivision. Siobhan Smith attended the hearing of
behalf of the applicant. A hearing on the sketch plan
was scheduled for July 5, 2007 at 8:00 p.m. Bob Light
informed her that notice needs to be provided to the
neighbors, and she needs to post 3 Blue Z signs in a
visible location, one on Eaton Cemetery Road, one on
Jake Martin Road and one on Hollister Hill Rd. The
preliminary hearing was concluded at 8:20 p.m.
At 8:20 p.m., the
Board commenced a preliminary hearing on an application
by the Alice M. Hafner Trust for a minor subdivision.
Charles Hafner attended the hearing on behalf of the
applicant. A hearing on the sketch plan was scheduled
for July 5, 2007 at 8:45 p.m. Mr. Hafner indicated that
the applicant wants to subdivide a parcel of
approximately 25 acres into three lots: one lot of
approximately 5 acres with an existing seasonal camp,
and two lots of approximately 10 acres. Bob Light
raised a concern as to whether the two 10-acre lots
would meet percolation test standards. He also informed
Mr. Hafner he would need to post a Blue Z and that
notice of the application needs to be provided to
neighbor, probably including the State of Vermont and
the Town of Peacham since the property abuts Groton
State Forest. The preliminary hearing was concluded at
8:35 p.m.
At 8:35 the Board
went into executive session. At 9:15,
Gary moved
to adjourn the DRB meeting. Seconded by Paul, all in
favor.
Respectfully submitted,
Paul
Brierre
***********************************************************************************************************************************
MARSHFIELD DEVELOPMENT REVIEW BOARD
Minutes of July 5, 2007
DRB Members present: Jim Barlow, Dina Bookmyer-Baker,
and Paul Brierre. Also attending were Bob Light, Zoning
Administrator;
Tom Carter,
Mark McEathron,
Alan Whitcomb, Ronald Pitkin, Charlie
Hafner,
and
Pierre and Yolande Dumler.
Carter site plan review
DRB Members present: Jim Barlow, Dina Bookmyer-Baker,
and Paul Brierre. Also attending were Bob Light, Zoning
Administrator, and
Tom Carter,
representing the applicant.
At 7:15 p.m. DRB Chair, Jim Barlow, opened the hearing
on the application from Gary Carter related to a
conditional use and site plan review.
The application included the following documents:
§
a Site Plan Review application, marked received on June
1, 2007
§
a drawing of the structure, marking the dates and
dimensions of the additions and the distance to the
right of way
§
a note from Gary Carter, dated 6/1/07, addressed to Whom
It May Concern, giving permission to someone else to act
on his behalf
§
a copy of the notice of the public hearing, to be held
on June 7 regarding this project, and a list of the
abutters notified, dated 5/24/07
§
a Conditional Use application, marked as received June
1, 2007
§
two pages addressing the conditional use criteria
§
a drawing, dated 5/07, showing the commercial structure
in relation to the house, the road, a double-wide, and a
pole barn.
Mr. Carter and Mr. Light were sworn in. Jim explained to
the applicant the hardship of going forward with a
bare-bones DRB (with only three members present, the DRB
must vote unanimously in the decision to have the
application approved) and informed him that we could
reschedule his application for another date, if he
desired. Mr. Carter wished to go forward.
Mr. Carter described the project: he is planning to
build an addition to the existing building, and change
the use of an existing addition, marked as “20 x 30
2001” on the attached drawing.
Bob Light offered some history: In 2001, Mr. Carter
requested a permit for an addition, not a commercial
structure, but for residential use, in which to store a
car. Bob issued the permit, based on the residential use
permit requested. Recently, for this application for a
new addition, when the Zoning Administrator did a site
visit, he noticed that the 2001 addition was now being
used for commercial use. He suggested to the applicant
to also apply for a change of use on the entire
structure.
The applicant has amended the permit application to
include a request for change of use. Therefore, the
entire structure will now be a commercial use. Bob notes
that the setback requirements are met for the addition,
because they were met for the original structure, and
the addition is behind the existing structure. The
drawing shows the 2001 addition as being 66 feet from
the center line of the right of way. Setback
requirements were the same in 1979, when the original
shop was built, as they are now (Zoning went into effect
around November 1972). The existing structure is closer
than 65 feet to the right of way, but at this juncture,
it is an existing non-conforming use.
Mr. Carter notes that the structure is located on a
dead-end road. The building is fully enclosed. Regarding
any increase in impact, Mr. Carter states that there
will be one more car per day, as he plans to hire one
more employee after the addition is complete. He has
three employees now. The usual hours of operation are
from
7:00 a.m. to
4:00 p.m.
The type of work done there is the manufacture of
aircraft parts. Carter Machine is the name of the
business. They are a third-hand subcontractor to other
companies. The addition to the building is to handle
increased business from the company they work for. The
traffic to the shop includes UPS deliveries and
customers sometimes come to shop, although, Mr. Carter
and his staff do most of the pick up and deliveries
themselves. They have operated the machine shop since
1979. Only once did he have a tractor-trailer truck
come, and that was not for the business (it was a
personal purchase). Tom makes trips to Connecticut to
pick up and deliver parts and product. Their shop makes
flight-control equipment, which is small. The building
houses high-precision machine tools.
Regarding additional waste or fumes that might be
created, Mr. Carter replied that each machine is
equipped with a re-circulating cooling system. The only
waste created is metal shavings. A company from New
Hampshire comes twice a year to pick them up. Naturally,
the frequency of this waste pick up might increase some,
with more production. And he might make a few more trips
to pick up parts and deliver products.
The building is located on a Class 3 road with a bridge.
We do not know the posted limit of the bridge. The
construction will probably require a concrete truck to
come. (They have had a concrete truck come before, for
earlier construction, and the route has not changed.)
Mr. Light pointed out that the bridge and road serve
other houses. The zone is Agricultural / Rural
Residential. He adds that it is a very quiet operation,
that most people don’t know that it’s there.
Mr. Carter does not know the design capacity for the
septic system that currently serves the building. The
water supply is a spring. The square footage of the
entire building is estimated at 4,057 feet. Therefore,
the applicant needs room for 4 parking spaces, which he
has.
For site plan review, the DRB asks about the
compatibility of this use with adjacent uses. Mr. Carter
estimates that his closest non-residential neighbor is
about one-third of a mile away, and it is an
agricultural use. There are no pedestrians accessing the
business, he has no loading dock, and we already talked
about the parking in conditional use.
Mr. Light requests the DRB to address in their decision,
if approved, that this approval does not give the
applicant permission to build. The applicant will still
need to complete the zoning permit application. A member
of the DRB explains that our permitting issuance is only
for compliance with the town zoning regulations.
At
7:55 p.m. Paul moved to close testimony,
seconded by Dina, all in favor. The DRB will issue a
written decision within 45 days.
VLT subdivision sketch plan review
DRB Members present: Jim Barlow, Dina Bookmyer-Baker,
and Paul Brierre. Also attending were Bob Light, Zoning
Administrator,
Mark McEathron,
representing the applicant, Vermont Land Trust, and
adjoining landowners Alan Whitcomb and Ronald Pitkin,
who is also serving as spokesperson for relatives.
At 8:05 p.m. DRB Chair, Jim Barlow, opened the hearing
on the application from the Vermont Land Trust related
to a sketch plan review of a two-lot subdivision.
The application included the following documents:
§
An Application for Subdivision, received May 22, 2007
§
An 11x17 inch color aerial photograph map of the
property
§
A letter from Siobhan Smith to the DRB, received June
26, 2007, describing an amendment to the application
with respect to the frontage requirement
§
A new 11x17 inch color map showing the redrawn frontage
boundaries
§
A letter from the Town of
Marshfield
to Mark McEathron, dated June 14, 2007, stating that the
Town Selectboard voted to accept the gift of the
Stranahan property to be used as a town forest
§
A document from the Vermont Land Trust (VLT) describing
the property that the Stranahan family wishes to donate
to the town.
Jim welcomed everyone and mentioned to Mr. McEathron
that previously our contact has been Siobhan Smith.
Everyone intending to testify is sworn in. The DRB
members avow that no interest or conflict exists with
the applicant and no ex parte communication occurred.
The DRB found the application and sketch plan complete,
designated it as a minor subdivision, and reviewed the
process with the applicant that at this meeting we might
make recommendations for proposed changes and final
submissions.
Mr. McEathron pointed out to the DRB that the original
application has been amended and the applicant is not
requesting a waiver from the frontage requirement. Mr.
McEathron states that the VLT has a purchase and sales
agreement for the Stranahan property. The VLT will make
the purchase and then transfer a parcel of approximately
622 undeveloped acres as a gift to the Town of
Marshfield for conservation. The remaining 4-acre parcel
with the dwelling will be sold (they are currently
negotiating with the current resident) and the lot will
have a permanent restriction on it limiting it to the
one existing house, prohibiting further subdivision of
the parcel, and making the lot perpetually affordable.
The revised map includes an adjustment to make the road
frontage 250’. The purchase and sales agreement is
scheduled to close with the bank on September 30, 2007.
(September 28 is the last business day.)
This is a minor subdivision. The proposed
Lot
1 (of ±4 acres) falls entirely within the Agricultural /
Rural Residential zone and the proposed Lot 2 (of ±622
acres) falls within the Agricultural / Rural Residential
zone and mostly within the Forestry and Conservation
District. In the Agricultural / Rural Residential zone,
the minimum lot size is 2 acres, so
Lot 1, at 4 acres, meets the requirement. The
minimum road frontage for lots less than 10 acres is 250
feet and the lot frontage, on
Jake Martin Road, as shown on the map, is 250 feet. Mr.
McEathron stated that it is well more than 65 feet from
the end of road to the building, although this is not
marked on the map. He also stated that it is more than
40 feet from the side boundary to the dwelling.
Mr. Light instructed the applicant to record the
distance from the structures to the front and side
setbacks for the final plan. The DRB noted that the
scale of the map, or maps, is slightly off.
Regarding requiring the housing affordability, this will
be accomplished through a deed restriction. Mr.
McEathron explained that the value is artificially
suppressed (usually of the land, because that is where
the escalation takes place). VLT is negotiating with the
current tenant as the first buyer.
Mr. Whitcomb wished to clarify that this will be the
only lot that will be subdivided from this property. Mr.
McEathron stated that yes, while it is in the current
ownership. If town accepts the gift, and later wanted to
subdivide, they would have to meet the requirements of
the spirit of the agreement, and it would have to be
approved by the VLT. But there can be no additional
residential development. Mr. Whitcomb asked about a
Sugar House. Mr. McEathron read from a land management
document for the Stranahan property that the VLT
encourages the town to prepare a vision for the
property, especially with respect to conflicting uses.
An allowable use includes a sugar house.
Mr. Pitkin stated his concern that he is relieved that
he doesn’t have to pull together money from the family
to protect the land. They support the subdivision and
protection of the land. Mr. Pitkin is on the committee
for the management plan of family property.
Mr. Light pointed out that to hay the fields, previously
the haying equipment would go up the road and turn left
before getting to the house, but looking at the new
drawing, with the frontage extending down the left side
of the road, the new landowners could prohibit the
farming equipment to cross the property. Mr. McEathron
stated that the VLT plans to include a right of way to
provide access to the hay fields.
Mr. McEathron summarized that the conservation easement
on the property that the town will owns will include
many uses, and the management plan will address
satisfying them in a compatible way.
At
8:50 p.m. Paul moved to close testimony,
seconded by Jim, all in favor. The DRB will issue a
sketch plan determination letter within 30 days.
Hafner
subdivision sketch plan review
DRB Members present: Jim Barlow, Dina Bookmyer-Baker,
and Paul Brierre. Also attending were Bob Light, Zoning
Administrator,
Charlie Hafner,
representing the applicant Alice Hafner, and
Pierre and Yolande Dumler, who own
property (a weekend place since 1965) across the road.
At
8:47 p.m. DRB Chair, Jim Barlow, opened the
hearing on the application from
Alice
Hafner related to a 3-lot subdivision on
Groton State Forest Road.
The application included the following documents: an
application for subdivision (received May 18, 2007), and
a survey of the property (dated March 10, 2006) showing
the proposed lots. All interested parties were sworn in.
Jim explained to the applicant the hardship of going
forward with only three members of the DRB in attendance
tonight (who must vote unanimously in the decision to
have the application approved) and informed him that we
could reschedule his application for another date, if he
desired. Mr. Hafner wished to go forward.
Mr. Hafner stated that there have been no changes to his
application since he brought it to the DRB on June 7.
His mother’s trust owns 25 acre parcel. Her children are
grown, nobody is using it much, so she is planning to
subdivide the property and sell the 5 acre parcel with
the dwelling. It is currently a summer camp, but it
could be made into a year-round place with some work.
After their mother passes, the two 10-acre parcels will
be willed to Charles and his sister. They are not
planning to build on these parcels at this time.
The proposed subdivision of the property into 3 lots
deems it a minor subdivision. The property meets the
frontage requirements. The lots are in the Agricultural
/ Rural Residential zoning district. It looks like the
back-end of Lot 3 could be in the Forestry and
Conservation District. All lots meet the minimum lot
size for this zone.
Mr. Hafner addressed the right of way indicated on Lot
3: it is used daily by a year-round resident, and
seasonally by the Discovery campground to access Groton
State Forest. Mr. Hafner agreed that he will need to
provide a final survey. He hasen’t asked for a waiver.
Lot 1 (of ±5 acres) has an engineered septic system in
place. The DRB will discuss the state requirements for
septic and perc testing for the final review.
Mr. Dumler explained that their reason for attending is
to understand the scope of the project. They would hate
to wake up one morning to find that a village has
appeared in front of their house.
Mr. Light wanted the DRB to notice the right of way and
that the bottom part of it is 50 feet wide, but the main
branch is only 20 feet. He would like the right of way
to come into compliance with current standards (of 50
feet wide) and asked if the DRB could address this in
their decision.
At
9:15 Paul moved to close testimony, seconded
by Jim, all in favor. The DRB will issue a sketch plan
determination letter within 30 days.
Deliberations
At
9:20 p.m. the DRB went into closed session
to deliberate the pending decisions.
At
10:50 p.m.
Jim moved to adjourn the DRB meeting, seconded by Paul,
all were in favor. The meeting was adjourned.
Respectfully submitted,
Dina Bookmyer-Baker
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