|
MARSHFIELD DEVELOPMENT REVIEW BOARD MINUTES
Approved Minutes of September 1, 2005
Board Members present: James Arisman, Tom Daley, Jon
Groveman, Martin Johnson, and Gary Wilson. Also
attending: Zoning Administrator Bob Light, Michael
Bagiackas, Lorita Atkins, Lori Baker, Karen Bingham,
Bernie Carpenter, Catherine Cerulli, Tover Cerulli,
Christine Copeland, Kevin Copeland, Rita Copeland,
Vivian Cullen, Joseph Gainza, Laura Johnson, John Kruse,
Jean Lathrop, Tyler Long, Beth Stern, John Taylor, Ron
Walesch, Steve Woodward, Danny Arguetty, Roger McKeever,
and Josh Larkin of the Times Argus.
At 7:10 pm Jon moved to accept the minutes of August 23,
2005 as drafted. Seconded by Gary, all approved. Bob
then called the Board’s attention to some sections of
the new state law which go into effect today. He wanted
the Board to be aware of the changes in notice
requirements for public hearings, including the advance
publication deadlines and the notice that must be
provided to adjoining landowners.
At 7:15 pm Jon opened the public hearing on the
Conditional Use application of Elmhill, Inc. This
organization, which owns and operates the Maplehill
Community Farm on John Fowler Road, seeks approval to
operate a residential facility under contract with the
Vermont Dept. of Corrections. As explained by Executive
Director Michael Bagiackas, the property includes a
dormitory facility which they had used for many years in
a program to serve children who were in the custody of
the Dept. of Social and Rehabilitative Services. SRS had
discontinued that program in 1995, and Elmhill, Inc. had
recently resumed a search for an appropriate way to use
the facility in a public service capacity.
They are now in negotiations with the Dept.
of Corrections to establish a residential program for
female convicts, as a means of reintegrating them into
society. As described by Michael, the program would be
run in conjunction with the Youth Service Bureau. There
would be up to 6 residents and any one time. Potential
residents would apply for the program, and Elmhill would
reject any applicants who had been convicted for crimes
of violence, who were psychotic, or who otherwise
presented an obvious security danger. They anticipate
that the average resident would be in the program from
one to six months.
After a round of questions from the Board
and from Bob Light, Jon opened up the meeting for
questions and comments from adjoining landowners and
other neighbors. Concerns expressed included the
possible increase in traffic on John Fowler Road, which
was described as narrow and hilly, and the desire to
have an open line of communication between the operators
of the program and the neighbors. John Taylor, of the
Maple Hill community watch program, said that he and
others had been very alarmed by the word-of-mouth in the
neighborhood about this program, but that having the
details explained at this hearing had allayed his fears.
Rita Copeland suggested that the DRB expand its notice
requirements for proposals of this kind, so that all
interested townspeople would be sure to know about such
hearings. Jon then invited comments from other
attendees. Many expressed general support for the
application, and commented on the need for such services
in our area.
Jon asked the Applicants whether they wished
to close the hearing tonight, or keep it open in the
event their future discussions with the Dept. of
Corrections necessitate a modification of their
proposal. Eventually it was decided that the Board would
adjourn the hearing until Thursday, September 15, 2005
at 7:00 pm. If, prior to the hearing, the Board decides
that it needs no further information, and if the
Applicants do not wish to revise their plans as
presented to the DRB this evening, the Board will close
the matter and issue a decision without re-opening the
hearing.
At 9:15 pm the Board heard from Danny Arguetty and Roger
McKeever, who are contemplating a purchase of the
property now owned by the Institute for Social Ecology.
They wish to follow through on this purchase only if
they can use it for a planned “educational center”. They
feel that this is not particularly different from the
way the ISE was using the property. Zoning Administrator
Bob Light, who is responsible for zoning enforcement in
the town, decided that he needs some sort of
authorization from the DRB — in the form of a permit or
a decision that a permit isn’t necessary — to allow this
proposed use of the property. This leaves it to Danny
and Roger to decide whether they want to apply for a
Conditional Use permit, or to enter an Appeal of Bob’s
decision, on the grounds that they do not need any
additional permit under the Zoning Regulations. Tom
raised the question of whether it was possible for the
Board, in reviewing a Conditional Use application, to
consider the question of whether a permit was necessary
at all as part of the deliberation. This would allow
potential applicants who are uncertain about their
zoning status to submit to a single process, rather than
having to guess whether they would be better off
applying for a permit or making a case that they don’t
need one. Jon stated that that was the process; as long
as a potential applicant is aware of the options, it is
not particularly burdensome to choose among them. If
they elect to apply for a use permit, then they are
submitting to the jurisdiction of the DRB, whether such
a permit is strictly required for their proposed use or
not. Both he and Bob advised Danny and Roger that simply
applying for a Conditional Use permit was probably the
most efficient option for them. To avoid unnecessary
delay, the Board agreed that they could set a hearing on
a Conditional Use application for their October 6
meeting, provided they received an application within
the next seven days.
At 9:35 pm Martin moved to adjourn the DRB meeting.
Seconded by James, all in favor.
Respectfully submitted,
Tom Daley
|