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Marshfield Planning Commission (MPC)
Meeting Minutes
Location: Office of the Town Clerk, Marshfield, Vermont
January 11, 2007
Committee Members – Rich Baker, Mike Fritz, Wayne
Kowalski, Jean Matthew, and Bob Light were present.
Guests: none
The
meeting was called to order by the chair at
7:00 p.m. with a quorum present
Election of officers:
Mike
nominated Wayne as Chair of the commission, seconded by
Rich, and SO VOTED.
Bob
nominated Wayne as Secretary, seconded by Jeanne, and SO
VOTED.
Bob
asked the secretary to present the minutes of meetings
on a timely basis going forward, and make an effort to
complete and present the unapproved minutes from
meetings held in 2006.
Zoning
Administrator report
Bob
mentioned an article in The Times Argus concerning
remapping of rivers in the State and the implication
such remapping may have on zoning regulations of the
Town.
Wayne
mentioned a presentation on the topic at the recent
meeting of the CVRPC, and the regulatory initiative to
change the classification of wetlands. The substance of
the discussion was the initiative is in the early
stages, the legislature has taken testimony on the
pluses and minuses but will not act on the initiative
this session.
Bob
reported that he heard from a reliable source that
Plainfield
village may be the site of 50 new residences.
Bob
also reported the Twinfield and Cabot school districts
are having preliminary discussion on a possible merger.
The
Selectboard has talked about maintaining the size of the
planning commission at five members. Wayne will follow
with the Selectboard on the matter and report his
findings.
CVRPC
representative report
See
comments above.
Flood
Hazard Area – proposed revisions
Jeanne
sent the proposed revisions to Margaret Torizzo – State
Floodplain Coordinator, for comment. Ms Torizzo has yet
to respond. Jeanne recommended the commission wait for
her response before proceeding with it’s review of the
proposed revisions.
Wayne distributed copies of the State Driveway Access (Fire
Code B71) Regulation and will follow with the electronic
version.
The
commission had an extensive discussion and review of the
work Rich has been performing to update and enhance our
G.I.S. mapping abilities.
There
being no further business the meeting adjourned at 9:00
p.m.
Respectfully submitted,
Wayne
Kowalski
Secretary
The foregoing is a true
copy of the minutes of the January 11, 2007 Planning
Commission meeting.
Attest,
_________________________________________________, Town
Clerk
**********************************************************************************************************************************************
Marshfield Planning Commission (MPC)
Meeting Minutes
Location: Office of the Town Clerk, Marshfield, Vermont
January 25, 2007
Committee Members – Rich Baker, Mike Fritz, Wayne
Kowalski, Jean Matthew, and Bob Light were present.
Guests: Anne Reed – Conservation committee
The
meeting was called to order by the chair at
7:00 p.m. with a quorum present
Zoning
Administrator report
The
Selectboard has been considering participating in
Vermont’s
ancient roads initiative. Wayne will follow up with the
Selectboard, and report findings at a future meeting.
CVRPC
representative report
The
next meeting of the RPC is February 13th, the
major topic is planning for the Winooski Watershed.
Rich
talked about the funding of the planning grant. His
expectation is the Town can:
Apply
for 30% of the approved funding up front
Another 30% at the mid point of the grant period –
approximately 9 months from now
Final 40% at the conclusion – report on use of
funds required
The two
major pieces of the grant are:
The
update of G.I.S. mapping data & reconciliation with Town
maps
“What
if” build out analysis as described in the Town Plan
CVRPC
can be of assistance with the build out analysis, and
Rich recommends the Town contract with another party to
perform the required on-site (examination of town
records) reconciliation of Town maps.
Rich
will prepare the required request for proposal (RFP) for
third parties to respond too.
Copies
to the final product will be sent to the RPC, and in
return we will receive reprints of Town maps, and have a
secure back up site for the original computer files and
paper documents.
We
briefly talked about how to evaluate the proposed
changes to the flood hazard regulations and divided the
task along two tracks:
Track
1: Conformance
FEMA regulations
Town Plan
Existing Zoning regulations
Track
2: Additional considerations
Type(s) of development, if any,
in the flood hazard district
Other flood hazard related
issues
Stream set backs
Riparian buffers
Restrictions on
structures in the district
Next
meeting agenda:
February 8, 2007
Prioritize 2007 work plan
Planning grant – build out
analysis – objectives
February 22, 2007
Flood Hazard proposed
regulations
There
being no further business the meeting adjourned at 9:10
p.m.
Respectfully submitted
Wayne
Kowalski
Secretary
The foregoing is a true
copy of the minutes of the January 25, 2007 meeting.
Attest,
_________________________________________________, Town
Clerk
**********************************************************************************************************************************************
Marshfield Planning Commission (MPC) DRAFT DRAFT
DRAFT
Meeting Minutes
Location: Office of the Town Clerk, Marshfield, Vermont
February 8, 2007
Committee Members – Rich Baker, Mike Fritz, Wayne
Kowalski, Jean Matthew, and Bob Light were present.
Guests: Anne Reed – Conservation committee
The
meeting was called to order by the chair at
7:05 p.m. with a quorum present
Minutes
– Review and Approval:
The
minutes of the meeting held 1-11-07 were reviewed and
minor amendments were proposed. Mike made a motion to
approve the minutes, as amended, seconded by Jean, and
SO VOTED.
The
minutes of the meeting held 1-25-07 were reviewed and
minor corrections were proposed. Mike made a motion to
approve the minutes, as amended, seconded by Jean, and
SO VOTED.
Zoning
Administrator report
The
Town obtained a court order with respect to the Ellis
property, located within the flood hazard area along
route 2, requiring the current occupant to relocate his
business elsewhere. Bob is in the process of enforcing
to order.
CVRPC
representative report
The
next meeting of the RPC is February 13th, the
major topic is planning for the Winooski Watershed.
Annie
talked briefly about the Winooski Watershed – headwaters
meeting that occurred in town on 2/6. The conservation
committee was well represented – the presentation
focused on gathering information and concerns from local
residents as input to create a community-based plan for
the watershed. The timeline for completion of the plan
is fall 2007.
Mike
mentioned that the application for a grant to study
ancient roads in Marshfield (submitted by the
Selectboard) was denied.
Wayne
is using budgeted funds to purchase a lap top computer
from the State. The lap top will contain GIS, FEMA
(flood hazard), and similar data and will be available
to planners and other Town officials.
The
members focused their attention on the work plan for
2007 and beyond. The commissioners divided the work
plan into two categories – planning and zoning, and
assigned priorities to each. The work plan includes all
of the tasks within the Town Plan that were assigned to
the commission.
Rich
updated the commission on grant progress:
-
Parcel research, identifying all approved
sub-divisions, is being coordinated with the Town
Clerk. The research will be conducted by a third
party. An RFP is being prepared to obtain bids for
this part of the project.
-
CVRPC will be contracted to perform the build-out
analysis portion of the grant. The commission will
be involved with designing the parameters for the
analysis.
-
Rich will have a draft of design parameters for
the March 8th meeting.
There
being no further business the meeting adjourned at 9:20
p.m.
February 22, 2007
Minutes
Reports of Officials
Flood Hazard proposed
regulations
Respectfully submitted
Wayne
Kowalski
Secretary
The foregoing is a true
copy of a minutes of the February 8, 2007 Planning
Commission meeting.
Attest,
_________________________________________________, Town
Clerk
**********************************************************************************************************************************************
Marshfield Planning Commission (MPC)
Meeting Minutes
Location: Office of the Town Clerk, Marshfield, Vermont
March 8, 2007
Committee Members – Rich Baker, Wayne Kowalski, Jean
Matthew, and Bob Light were present.
Guests: Michael Fritz, Tom Daley, Paul Brierre,
and Anne Reed – Conservation committee
The
meeting was called to order by the chair at
7:05 p.m. with a quorum present
The
commissioners thanked Mike and Tom for their services to
the Planning Commission, and Development Review Board,
and approved the following testimonial in recognition of
their commitment to
Marshfield:
Whereas, Mike Fritz and Tom Daley served on the Planning
Commission and Development Review Board, respectively,
for the preceding six years and
Whereas, Mike and Tom have ethically, and faithfully
carried out their duties on the Planning Commission and
Development Review Board, and
Whereas, Mike and Tom have contributed substantial
amounts of time and effort to make the zoning by-laws
and administration of those by-laws fair and equitable
for the residents of the Town of
Marshfield, now therefore
We, the
Planning Commission of the Town of
Marshfield, hereby extend our gratitude for their efforts and a job
well done.
The
minutes of the meeting held 2-8-07 were reviewed and
Rich made a motion to approve the minutes seconded by
Jean, and SO VOTED.
Zoning
Administrator report
The
occupant at the Ellis property (route 2 –
Winooski
River)
continues to resist the court order to relocate all
aspects of his business elsewhere (two junk cars and a
boat remain on the property). Bob is continuing to
press compliance with the court order.
The
Pearson property (route 2 – Winooski River) tenants
continue to occupy the structure. The owner has
appealed Bob’s order to vacate the property on the basis
that the structure was previously used as a residence.
Bob knows the history of the building and has informed
the Selectboard of this history – the structure was
never a residence, he plans to gather support for his
position from the previous owner.
The
Town has applied for a permit to proceed with the Martin
Bridge Project, the bridge to be reset over the Winooski
River, with a park and Gazebo to be built on the far
side of the river. Bob will deny the application based
on the zoning regulations of the flood hazard district.
The DRB is expected to evaluate the application.
CVRPC
representative report.
Next
meeting of the RPC is March 13th
Rich
reviewed the request for proposal (RFP) for services
related to the planning grant. Rich has completed a
portion of the parcel layer, with an assist from the
town clerk. We are asking for proposals to complete the
following tasks:
Complete the parcel layer
Prepare a sub-division overlay
The linkage of all discontigious parcels
with same tax map ##’s
Provide training on the use of GIS software
(as requested)
The
commissioners approved the RFP with minor corrections.
There
being no further business the meeting adjourned at 9:10
p.m.
March 22, 2007 agenda
Minutes
Reports of Officials
Flood Hazard proposed
regulations
Respectfully submitted
Wayne
Kowalski
Secretary
The foregoing is a true
copy of the minutes of the March 8, 2007 Planning
Commission meeting.
Attest,
_________________________________________________, Town
Clerk
**********************************************************************************************************************************************
Marshfield Planning Commission (MPC)
Meeting Minutes
Location: Office of the Town Clerk, Marshfield, Vermont
March 22, 2007
Committee Members – Rich Baker, Nancy Everhart, Wayne
Kowalski, Jean Matthew, and Bob Light were present.
Guests: Anne Reed – Conservation committee
The
meeting was called to order by the chair at
7:10 p.m. with a quorum present
The
standing members of the planning commission introduced
themselves and welcomed the newest member – Nancy
Everhart.
The
outstanding minutes from meetings held during the final
quarter of 2006 were approved on a motion by Mike Fritz
(sent via email, prior to Town Meeting to the chair) and
seconded by Jean.
The
minutes of the meeting held March 8, 2007 were reviewed
by the commissioners and Jean made a motion to approve
the minutes with noted grammatical amendments, seconded
by Rich, and SO VOTED.
Zoning
Administrator report:
The
development application for the Martin Bridge project,
located within the flood plain along the
Winooski
River,
(submitted by Rich Phillips) was denied. Bob
determined the application requires conditional use and
site plan approval. He referred Mr. Phillips to the DRB.
Twinfield Union School is to file a building permit to
construct a structure that will serve as a campus
pavilion building. Bob expects the application will
require site plan review, and he expects to refer the
application to the DRB.
Pearson
Property (Winooski River area) – The owner is appealing
Bob’s decision to deny the use of the structure as a
residence. The DRB will hear the appeal on April 3rd.
Bob visited with the previous owner (Ms. Orten) and
obtained confirmation of his view – per Ms Orten the
structure was sold to Mr. Pearson in the 60’s, and the
structure was used as a woodworking shop, never as a
residence.
CVRPC
Representative report:
Wayne
reported he did not attend the March 15th
meeting of the regional planning commission because of
scheduling conflicts.
Grant
Administration report:
Rich
mentioned the request for proposal is ready for
release. He explained the commission is required to
formally request bids for our project. Our request for
a bid will appear in The Times Argus and on the
internet. Rich expects to have bids in hand in time for
the meeting of May 9th.
Flood
Plain Regulations:
The
commissioners identified three objectives specific
objectives for the revision of the regulations:
·
Decide
if the zone will be defined solely by FEMA maps, or will
the present boundary (as defined by
Marshfield)
be retained.
·
The
regulations have to conform to FEMA allowing owners of
property within the district to continue to purchase
insurance.
·
Consider the present development restrictions for the
district and retain those which are appropriate.
Rich
explained the FEMA flood hazard area map includes the
Winooski
River corridor as well as several other streams and
brooks which do not appear in the official Town zoning
map. The commissioners talked about the disparity
between the maps and agreed to have the map updated.
Rich will contact the CVRPC and request a revised map
which includes the flood hazard areas defined by FEMA.
Wayne will visit with the Select Board, after the map is
updated, and request the Select Board members adopt the
revised map.
The
commission will consider set backs from streams and
brooks, not identified by FEMA, as part of a separate
discussion on the flood plain regulations. The
commissioners also recognize a need to review and
resolve any apparent conflicts between sections of the
ordinance that arise out of the rewrite of the flood
plain regulations. Discussion on these issues will be
taken up before the final draft of revised flood plain
regulations is complete.
The
commissioners agreed to recommend changing the official
name of this district to “Flood Hazard District”, and to
encourage the Select Board to adopt the revised Flood
Hazard District regulations as interim zoning.
The
commissioners agreed to move all definitions related to
flood hazard regulations to this specific area of the
ordinance.
Jean
agreed to add the text, which restricts development in
the flood plain district, from the present ordinance to
the model flood hazard ordinance.
The
commissioners discussed the implication of adopting the
FEMA flood maps as drawn, i.e. what happens to property
owners if FEMA extends or shrinks the flood hazard
area. The discussion is to be continued.
Jean
will email the updated draft to commissioners prior to
the meeting scheduled for April 26th.
Agenda
for the April 12th meeting:
Minutes
of prior meeting
Report
of officials
Discussion on next steps in the planning process
Work
plan – final prioritization for 2007
Other
business
Adjourn
Tentative schedule of future meetings
April
26th - Flood Hazard
Regulations
May 10th
- Joint meeting with DRB (tentative – TBD)
May 24th
- Flood Hazard Regulations – Draft 3
June 14th
- Planning – Grant progress report (Wayne
out of town)
June 28th
- Flood Hazard Regulations – if required
July
3rd - Select Board –
Hearing & work plan presentation - hearing
July 12th
- Summer vacation
July 26th
- To be determined
There
being no further business the meeting adjourned at 8:50
p.m.
Respectfully submitted
Wayne
Kowalski
Secretary
The foregoing is a true
copy of the minutes of the March 22, 2007 Planning
Commission meeting.
Attest,
_________________________________________________, Town
Clerk
**********************************************************************************************************************************************
Marshfield Planning Commission (MPC)
Meeting Minutes
Location: Office of the Town Clerk, Marshfield, Vermont
April 26, 2007
Committee Members – Rich Baker, Nancy Everhart, Wayne
Kowalski, Jean Matthew, and Bob Light were present.
Guests: Anne Reed – Conservation committee
The
meeting was called to order by the chair at
7:10 p.m. with a quorum present
The
minutes of the meeting held March 22, 2007 were reviewed
by the commissioners and Jean made a motion to approve
the minutes with noted grammatical amendments, seconded
by Rich, and SO VOTED.
Zoning
Administrator report:
The
Development Review Board is scheduling a appeal hearing
for the Martin Bridge project.
Pearson
Property (Winooski River area) – The owner appealed
Bob’s decision to deny the use of the structure as a
residence, and failed to attend the DRB meeting.
Problem continues.
CVRPC
Representative report:
The
regional planning commission has not met since our
previous meeting.
Grant
Administration report:
Rich
received seven responses to the request for proposal.
The Selectboard, as grantee, is responsible for granting
the contract for the proposed work. Rich and Bobbie
(Town Clerk) are summarizing the response and plan to
make a contract recommendation at the next meeting of
the Selectboard.
Rich
anticipates the contractor will complete this phase of
the work by August 2007.
Flood
Hazard District Regulations:
The
commissioners examined and discussed the second draft of
proposed Flood Hazard District Regulations. With the
following objectives in mind:
·
Decide
if the zone will be defined solely by FEMA maps, or will
the present boundary (as defined by
Marshfield)
be retained.
·
The
regulations have to conform to FEMA allowing owners of
property within the district to continue to purchase
insurance.
·
Consider the present development restrictions for the
district and retain those which are appropriate.
The
commissioners agreed that the proper approach to the
regulations is to adopt the FEMA maps, and include
appropriate language in the regulations to point out the
maps are subject to change, and such changes will be
automatically adopted without requiring approval by
voters.
The
commission agreed to address the question of set backs
from streams and brooks (riparian buffer zone) not
identified by FEMA, in a separate (new) section of the
zoning ordinance. The commissioners expect to have the
new section and language completed prior to referring
the proposed Flood Hazard District Regulations to the
Selectboard. The question of how to adopt the new
section – interim zoning (Selectboard decision) or vote
by the residents (next Town Meeting) has yet to be
determined.
Wayne
asked for contact information – DRB members to attempt
to schedule a joint meeting for May.
Tentative schedule of future meetings
May 10th
- Joint meeting with DRB (tentative – TBD)
May 24th
- Flood Hazard Regulations – Draft 3
June 14th
- Planning – Grant progress report (Wayne
out of town)
June 28th
- Flood Hazard Regulations – if required
July
3rd - Select Board –
Hearing & work plan presentation - hearing
July 12th
- Summer vacation
July 26th
- To be determined
There
being no further business the meeting adjourned at 9:15
p.m.
Respectfully submitted
Wayne
Kowalski
Secretary
The foregoing is a true
copy of the minutes of the April 26, 2007 Planning
Commission meeting.
Attest,
_________________________________________________, Town
Clerk
**********************************************************************************************************************************************
Marshfield Planning Commission (MPC)
Meeting Minutes
Location: Office of the Town Clerk, Marshfield, Vermont
May 24, 2007
Committee Members – Rich Baker, Nancy Everhart, Wayne
Kowalski, Jean Matthew, and Bob Light were present.
Guests: Anne Reed – Conservation committee
Mike Fritz
The
meeting was called to order by the chair at
7:10 p.m. with a quorum present
The
minutes of the meeting held May 10, 2007 were reviewed
by the commissioners and Nancy made a motion to approve
the minutes seconded by Jean, and SO VOTED.
Zoning
Administrator report:
Stranahan Property - Representatives from Banknorth are
seeking a sub-division permit to separate the caretaker
home on the property from the rest of the land that is
being offered as a gift to the Town. The bank
representative is expecting the road frontage of the
subdivided piece will be 50’ in length, versus the 250’
minimum requirement specified in the ordinance. Bob has
taken exception to the banker’s expectation and will
refer the matter to the DRB.
Bob
talked about his experience at recent meetings and
hearings conducted by the DRB. His observation is the
DRB is in the process of adapting to the change in
committee membership.
Twinfield Union School - Bob talked about goings on at
the school. He explained to Richard Steel the need to
obtain a zoning permit for the construction of new
outdoor facilities which will be located near the pond,
and advised him that the ultimate decision about the
permit is the responsibility of the DRB. Bob
subsequently discovered the school has had the
foundations for it’s projects poured prior to the
issuance of the appropriate permits – to be continued.
CVRPC
Representative Report:
The
regional planning commission had its annual dinner this
month consequently the business meeting was quite
short. Wayne was elected to the executive committee of
the commission.
Grant
Administration report:
Rich
talked about the recent Selectboard meeting where they
were to act on his recommendation to award a contract
for a portion of the grant work. The Selectboard
expressed concern about the build out analysis, and it’s
validity, as it relates to frontage requirements in the
present zoning ordinance. The commission is unanimous
in it’s expectation that having a build out analysis
model (tool) is exactly what planners need, to address
the concerns raised by the Selectboard.
Mike
Fritz asked the commissioners about how micro-hydro
projects fit into the proposed Flood Hazard District
regulations. Rich explained that this area falls under
State regulations provided the micro-hydro project is
configured to sell excess power to a public utility.
The
commissioners completed the examination of the proposed
(draft 3) Flood Hazard District Regulations with minor
final changes. The commission is sending a copy of the
final proposal (draft 4) to the DRB for their
consideration.
The
riparian buffer section has yet to be addressed. Rich
obtained model language for a riparian buffer from State
of Vermont. He will circulate to members prior to next
meeting.
The
commissioners agreed this is an appropriate time to
attempt to schedule a joint meeting with the DRB. The
proposed agenda for that meeting is as follows:
1,
Commissioners obtain DRB comments and feedback on
proposed Flood Hazard District Regulations
2,
Discuss riparian buffer zone, and obtain comments and
concerns on this issue from DRB
3,
Obtain an understanding of the DRB’s interpretation of
the required road frontage in the zoning ordinance.
4, Gain
understanding of the roles and responsibilities of the
once again fully staffed DRB.
5,
Other matters of interest
6, Next
steps if any
7,
Adjourn
Wayne
asked for contact information – DRB members to attempt
to schedule a joint meeting for June.
Rich
will follow up with the State’s FEMA representative –
revised time line for issuing updated and proposed flood
maps, and if the delay in releasing the maps will also
delay the effective date of the maps.
Tentative schedule of future meetings
June 14th
- Planning – Grant progress report (Wayne
out of town)
June 28th
- Tentative meeting with members of DRB
July
early - Select Board – work plan
discussion preliminary discussion on
Flood Hazard
District Regulations
July 12th
- Summer vacation
July 26th
- To be determined
There
being no further business the meeting adjourned at 9:15
p.m.
Respectfully submitted
Wayne
Kowalski
Secretary
The foregoing is a true
copy of the minutes of the May 24, 2007 Planning
Commission meeting.
Attest,
_________________________________________________, Town
Clerk
**********************************************************************************************************************************************
Marshfield Planning Commission (MPC) Development Review
Board (DRB) Joint meeting
Meeting Minutes
Location: Office of the Town Clerk, Marshfield, Vermont
June 28, 2007
DRB
Members – Jim Barlow, Dina Bookmyer Baker, and Paul
Brierre were present. Gary Wilson was absent
MPC
Members – Rich Baker, Nancy Everhart, Wayne Kowalski,
Jean Matthew, and were present. Bob Light was absent
Guests: Anne Reed – Conservation committee
The
meeting was called to order by the chair at
7:10 p.m. with a quorum present
Wayne
reviewed the proposed agenda consisting of the following
items:
Introduction of new members
DRB comment and feedback on proposed Flood
Hazard District Regulations
DRB input and comment on riparian buffer
zone language and applicability
Discuss ordinance Section 302 “Required
Frontage on … Public Roads”
Talk about DRB roles and responsibilities in
the context of how MPC may be able assist
Discuss Sub-Divisions regulations and
consider a plan to update
Other matters of interest
Adjourn
Flood
Hazard District Regulations:
Rich
Baker lead the discussion:
MPC
received input and a critique of the current regulations
from the Regional Planning Commission and the State
coordinator for FEMA.
The
revised regulations are required, in order for Town
residences to obtain flood insurance through the
national program, to comply with the minimum standards
set by FEMA. The Commission is recommending to the
Select board the adoption of regulations that exceed the
minimum standards for two basic reasons; 1, to preserve
the present language that significantly restricts
development in the district, 2, with the intent to
enable our residence to qualify for “discounted” flood
insurance coverage.
Rich
emphasized the regulations speak to a zoning district,
versus an overlay zone.
Suggestions and commentary:
Add a
footnote to explain the flood hazard area maps reside in
the Town Clerk’s office.
Housing
development can not take place within the district. As
proposed there can be no additional housing constructed
on land within the district that happens to be above the
“mean flood hazard area”.
MPC to
redraft language – change context from “allowed uses
without a permit” to – permitted uses.
Reconsider how to address the issue of unpaved parking
areas – consider including language to address such
concerns in some other area of the zoning regulations.
Permitting procedures – consensus is the DRB is asked to
be held to too high a standard with respect too
“assuring applicants have obtained all required
permits”. Recognizing this is language for the State
model on these regulations the MPC will take the
following steps to address the concern:
Rich to
contact State FEMA coordinator, review concern, ask for
direction and permission to rework the language in order
to place this responsibility on the applicant.
Riparian Buffer Zone
The
placement of the riparian buffer zone language within
the flood hazard area section of the regulations has
lead to confusion. Furthermore, the text on page 11 of
the regulations – “Floodplain and Water Conservation
District” appears to be in conflict with the language on
page 39 “Lands to which these Regulations Apply” – MPC
to reconsider both areas. The MPC will draft a new
section of the Zoning Regulations to address a riparian
buffer. MPC will start with State model defining what
constitutes a “stream”, and consider adding the riparian
buffer as an overlay district.
Section
302 Required Frontage on … Public Roads
The
consensus is this section of the zoning regulation is
unclear and has lead to multiple interpretations. The
agreed upon goal for this particular section of the
regulations is:
To
maximize the beneficial use of land within zones where
development is permitted.
A
timeline to complete a redraft of the section was not
established.
Subdivision regulations
The
consensus is these regulations have to be reviewed and
brought into alignment with the zoning regulations. The
MPC was encouraged to give special attention to
procedural matters such as - DRB hearing process –
shorten the process where appropriate. Consider how to
involve the zoning administrator in the application
process to assure applications are complete.
There
being no further business the meeting adjourned at 9:15
p.m.
Respectfully submitted
Wayne
Kowalski
Secretary
The foregoing is a true
copy of the minutes of the June 28, 2007 Planning
Commission meeting.
Attest,
_________________________________________________, Town
Clerk
**********************************************************************************************************************************************
Marshfield Planning Commission (MPC) Development Review
Board (DRB) Joint meeting
Meeting Minutes
Location: Office of the Town Clerk, Marshfield, Vermont
July 12, 2007
MPC
Members – Rich Baker, Nancy Everhart, Wayne Kowalski,
Jean Matthew, and were present. Bob Light was absent
Guests: None
The
meeting was called to order by the chair at
7:10 p.m. with a quorum present
Zoning
Administrator Report: Not available
Regional Planning Commission Report: CVRPC released a
draft to the regional commissioners of the “housing
element” of the forthcoming update (2008) of the
regional plan. The housing element contains a
substantial amount of research to support a conclusion
that the municipalities in the region are best served if
they work together to meet future housing needs. The
language in this element is more directive and
instructive with respect to co-municipal planning. The
housing element will be released to planning commissions
and select boards for comment later this year. A public
hearing on the element is also planned.
Susan
Sinclair – executive director of CVRPC, plans to ask the
Town Clerk for permission to address the select board
and village trustees – the topic will be obtaining
village center designation.
The
commission discussed submitting an application for a
2008 planning grant (applications are due in
September). Rich supports the idea of applying for a
grant to continue a flow of funds to support planning
activities. The focus of the application will likely be
“phase II build out analysis – Marshfield”. The
rational for the follow on grant depends upon the MPC
assessment of the results from the 2006 planning grant;
as well as guidance, “next steps” in planning process
contained in the Town Plan
Nancy
asked for clarification of where the planning commission
is relative to the State of Vermont ancient roads
initiative. The ancient roads initiative is not on the
work plan, but the members were in general agreement the
select board was interested in the initiative, and may
have applied for a grant to support work in this area.
Wayne will follow with Bobbi (Town Clerk) and report his
findings at the next meeting.
Wayne will email the members two articles (one written by Town
counsel – Paul Gillis) on the topic.
Wayne
talked about an email he received from Dina
Bookmyer-Baker, offering to provide secretarial support
to the MPC. The members talked about the benefits of
having a secretary, and also a potential conflict of
interest (Dina is Rich Baker’s wife and also serves as a
member of the Marshfield Development Review Board). We
concluded there would be no conflict of interest for the
following reasons:
All meetings of the DRB and the MPC are open
to the public
The MPC has final authority with respect to
approval of minutes
The
secretary is providing a service to the MPC not input to
decision making.
Wayne
will draft a job description for the secretarial
position for MPC consideration.
Anne
Reed asked to be put on the MPC information distribution
list (meeting agenda and support material, minutes, and
other general information). Anne, as a member of the
conservation commission, attends nearly all meetings of
the MPC. The members asked Wayne to add Anne to the
list.
FEMA proposed flood hazard area map for
Marshfield:
FEMA is
holding hearings in Waterbury on July 25th to
obtain feedback from local towns on proposed revisions
to the flood maps. The revised maps will become
effective September 30th. We have been
advised, by the office of the FEMA coordinator, to raise
our concerns, if any, at the
Waterbury hearing.
We
attempted to compare and contrast, using the GIS system
and digital versions (present and proposed) FEMA maps,
without success. The MPC will have a working session on
July 19th to complete this process and
prepare for the hearings on the 25th.
Wayne will contact Bobbi to reserve a room for the working session
and have paper copies of the maps available.
Wayne
will also contact CVRPC GIS support to determine if they
are experiencing similar issues in reviewing the digital
maps.
Draft of Flood Hazard Regulations
The
members discussed the feedback obtained from the DRB
(see minutes of June 28th joint meeting), and
made several revisions to the draft. Rich will update
the draft and have a final version for action at the
next regular meeting.
Draft Riparian Buffer Requirements
The
members discussed the feedback obtained from the DRB
(see minutes of June 28th joint meeting) and
agreed, to use the model language provided by the
Vermont League of Cities and Towns, as a working draft
for the revision of this section of the zoning
regulations. The plan is to thoughtfully and quickly
move this item to completion. The commission is
planning to set the riparian buffer zone language in a
separate section of the zoning regulations. This is the
key item on the agenda for the meeting on July 26th.
Flood Hazard Regulations – Next Steps in the Approval Process
Background: The update of the flood hazard regulations
(to meet the minimum standards required by FEMA) is
important to residents with dwellings in the flood
hazard district (without conformance residents may be
prevented from participating in the federal flood
insurance program). FEMA has set September 30, 2007 as
the “drop dead date” for local regulations to meet the
minimum standards. FEMA has also set this date as the
effective date for updated maps of the flood hazard
area. Because of the above the MPC will be asking the
select board to adopt the changes to the regulations
using their power to adopt interim zoning regulations.
The
change in the regulations is somewhat complicated by
moving and redefining the riparian buffer language.
The MPC
expects to complete its work on the flood hazard
regulations on July 26th.
The MPC
will complete its work on riparian buffer at an August
meeting.
The
proposed changes for flood hazard area and riparian
buffer will be sent to the Town Clerk. The lead time to
warn a hearing by the select board for a change in
zoning regulations via interim zoning is 15 days. The
desired outcome is to have the hearing at a September
meeting of the select board, and gain approval of the
regulations before the end of September.
Wayne
will attend the August 7 & 21 meetings of the select
board. He plans to brief the board at the first meeting
on the proposed regulations, timing issues and concerns,
and interim zoning request, and than review the changes
and answer questions at the second meeting.
There
being no further business the meeting adjourned at 9:00
p.m.
Respectfully submitted
Wayne
Kowalski
Secretary
The foregoing is a true
copy of the minutes of the July 12, 2007 Planning
Commission meeting.
Attest,
_________________________________________________, Town
Clerk
**********************************************************************************************************************************************
Marshfield Planning Commission (MPC) Development Review
Board (DRB) Joint meeting
Meeting Minutes
Location: Office of the Town Clerk, Marshfield, Vermont
July 26, 2007
MPC
Members – Rich Baker, Nancy Everhart, Wayne Kowalski,
Bob Light, and Jean Matthew were present.
Guests: Anne Reed
The
meeting was called to order by the chair at
7:10 p.m. with a quorum present
Zoning
Administrator Report:
Green
Mountain Power Corporation is in the process of
replacing the above ground pipe, running along US route
2 from Marshfield Dam to the power generation station
off route 215, with a below ground pipe.
Marshfield can not require landowners, who wish to
subdivide their land, to provide proof of septic
suitability prior to approval of the subdivision. Bob
is concerned that this approach will result in a “bait
and switch” situation where future purchasers of the
subdivided parcels may be denied a permit to build
because the land is not suitable for sewage disposal.
The
commissioners discussed the changes taking place among
the membership of the development review board. Jean
offered her services as an alternate to the DRB for the
foreseeable future.
CVRPC
has not held a meeting since our previous meeting –
there is nothing to report.
Wayne
has been unable to obtain an appropriate job description
for the secretarial position. He will continue looking
with the expectation that a draft will be sent to
commissioners prior to the next meeting.
Wayne
asked for action on the proposed zoning bylaw amendment
– Flood Hazard District Regulations. After brief
discussion to Marshfield Planning Commission voted to
approve the proposed zoning bylaw amendment dated July
26, 2007.
The
proposed regulation will be forwarded to the Town Clerk,
once a proposed new section – Riparian Buffer – has been
approved by the commission.
Planning grant update – the parcel layer work is nearly
complete. Select board has not approved contract with
CVRPC for the build out analysis portion of the work.
Wayne
will attend the August meetings of the Select board to
provide a progress report on the flood hazard proposed
bylaw, and address their concerns regarding the planning
grant.
The
commissioners reviewed draft language (based on the VLCT
model) to establish a section of the zoning bylaws
addressing riparian buffer. The commissioners expressed
several concerns about the model language:
Defining a structure (distinct
from the present definition of structure)
How to determine a “water body”
to which the regulation will apply
What is
the appropriate distance – set back from the water body
– twenty five feet (25’) and is this a “no touch” area
or is it subject to certain conditions
Does
the establishment of the buffer impact property owners
with a home within the 25’ buffer, how those home owners
who enjoy an open view of a water body – do they have to
give up the view in light of the buffer
When is
a permit required, for instance does stream side
maintenance require a permit how about mowing a lawn.
Will
the ordinance be enforceable?
Wayne will research how adjoining towns have addressed the
issue and report his findings at the next meeting.
The
commission will not meet on August 9th.
There
being no further business the meeting adjourned at 9:00
p.m.
Respectfully submitted
Wayne
Kowalski
Secretary
The foregoing is a true
copy of the minutes of the July 26, 2007 Planning
Commission meeting.
Attest,
_________________________________________________, Town
Clerk
**********************************************************************************************************************************************
There was no Planning Commission meeting on August 9,
2007.
**********************************************************************************************************************************************
Marshfield Planning Commission (MPC) Development Review
Board (DRB) Joint meeting
Meeting Minutes
Location: Office of the Town Clerk, Marshfield, Vermont
August 23, 2007
MPC
Members – Rich Baker, Nancy Everhart, and Wayne Kowalski
were present
Bob
Light, and Jean Matthew were absent.
Guests: Anne Reed
The
meeting was called to order by the chair at
7:15 p.m. with a quorum present
Zoning
Administrator Report: not applicable
CVRPC
Representative Report: CVRPC did not meet in August
The
Executive Director of CVRPC is scheduling a joint
meeting with the village trustees and select board to
talk about the benefits of obtaining State recognition
of village designation for Marshfield.
Applications for planning grants are due by September 28th.
Wayne
distributed sections of the Town of Calais zoning
ordinances that speak to how wetlands are determined and
the establishment of a riparian buffer and lots without
frontage on a town maintained road.
The
Select board approved the contract with CVRPC for the
build out analysis. Dan Currier is expected to attend
our next meeting to “Kick off” the analysis. Plan for a
one hour presentation on the topic.
The
commissioners reviewed and discussed the
Calais
“wetlands” zoning ordinance – in particular the riparian
buffer – we agreed to have a more substantive discussion
on the issue at a future meeting when all commissioners
are present. The commissioners considered how Calais
has created a nonconforming use for pre-existing homes
in identified wetlands, and the implications that might
manifest if a similar provision were implemented in our
Town.
We
talked about allowing and permitting structures within
the riparian buffer area. We agreed, in principal and
with further discussion with all commissioners, that a
property owner has the right to apply for and be granted
a permit to build open sided structures (such as a
gazebos) the total of all such structures not to exceed
100 square feet within the riparian buffer (there will
be no consideration to parcel size).
The
commissioners also agreed that the language in the
proposed flood hazard area discussing the requirement
for a conditional use permit to develop a public and
private dam should also be extended to identified water
bodies in other zoning districts.
Wayne
will invite a representative of the Calais Planning
Commission to our September 26th meeting to
provide context to our future discussions regarding a
riparian buffer.
Wayne
expressed his concern about running out of time to wrap
up this round of proposed bylaw changes (Town meeting
2008). The procedural steps and timelines for
consideration and approval of a change to zoning
ordinance will be emailed to all before the next
meeting.
Wayne
distributed a draft job description for the secretarial
position. Action on the job description tabled until
the next meeting.
There
being no further business the meeting adjourned at 9:00
p.m.
Respectfully submitted
Wayne
Kowalski
Secretary
The foregoing is a true
copy of the minutes of the August 23, 2007 Planning
Commission meeting.
Attest,
_________________________________________________, Town
Clerk
**********************************************************************************************************************************************
Marshfield Planning Commission (MPC) Meeting Minutes
Location: Office of the Town Clerk, Marshfield, Vermont
September 13, 2007
DRAFT DRAFT DRAFT
MPC
Members – Rich Baker, Nancy Everhart, Wayne Kowalski,
Bob Light, and Jean Matthew were present
Guests: Anne Reed – Marshfield Conservation
Commission, Dan Currier – Central Vermont Regional
Planning Commission
The
meeting was called to order by the chair at
7:05 p.m. with a quorum present
Introductions were made around the table.
Mr.
Currier explained his role as the provider of GIS
services to the regional and local planning
commissions. In our case he is responsible for the
build-out analysis portion of the 2006 planning grant.
Mr. Currier talked about the process of developing a
build-out analysis and how the planning commission and
other interested parties participate in the
development. He demonstrated, using work performed for
other towns, what a typical build-out analysis might
look like. He used the example to talk about “Land Use
Development Characteristics and Scoring Factors”, which
are used to create the initial build-out analysis. Our
work this evening will be to develop the scoring factors
(most to least desirable) to make an initial assessment
of land that might be available for development. In
addition the PC will consider other characteristics to
identify and hi-light other land areas the PC considers
of interest or has special importance. The
characteristics used in the build-out analysis are as
follows:
Slope
Flood
Hazard Area
Wetland
Buffer
Stream
and Pond Buffers
Rear
and Endangered Species
Deer
Yard
Prime
Agricultural Soil
Sewer
Service Areas
Onsite
Septic System Capabilities of the soil
Built
Land
Conserved Land
Well
Head Protection Areas
Forest
Types
Farmland
Gravel
and Sand Pits
The PC
considers the initial build-out analysis from the
perspective of “How much development could occur in
Marshfield if there were no local constraints (a Town
without a zoning ordinance) – subject only to State
imposed development restrictions.
The PC
with guidance from Dan worked through the task. Dan
expects to have the initial build-out (call it Draft 1)
by the first PC meeting in October.
Dan
left the meeting at 8:45 p.m.
Minutes
approval:
Nancy
made a motion to approve the minutes of the planning
commission meeting held July 26, 2007, seconded by Rich,
and SO VOTED.
No
meeting held August 9, 2007
Nancy
made a motion to approve the minutes of the planning
commission meeting held August 23, 2007, seconded by
Rich, and SO VOTED.
Wayne
talked about the draft job description for the position
of secretary (emailed), and asked the PC to consider and
comment to him prior to the next meeting.
Rich
offered to draft a 2008 grant application – the purpose
of the grant – broadly speaking will be to obtain funds
to follow-up and complete various tasks associated with
the 2007 planning grant and other tasks as identified
before the application is submitted to the Select Board.
Due to
the hour the PC tabled discussion on the proposed new
section to the zoning ordinance – Section 282 Riparian
Buffer. The members agreed to gather at a planned
special meeting – September 20th, at the
usual time and place. Wayne will coordinate with Bobbi
to arrange for meeting space and post the appropriate
warning. He will confirm time and place of the meeting
with PC members
There
being no further business the meeting adjourned at 9:15
p.m.
Respectfully submitted
Wayne
Kowalski
Secretary
The foregoing is a true
copy of the draft minutes of the September 13, 2007
Planning Commission meeting. I have no record of
whether the minutes were approved with or without
changes.
Attest,
_________________________________________________, Town
Clerk
**********************************************************************************************************************************************
Marshfield Planning Commission (MPC) Special Meeting
Minutes
Location: Office of the Town Clerk, Marshfield, Vermont
September 20, 2007
DRAFT DRAFT DRAFT
MPC
Members – Rich Baker, Nancy Everhart, Wayne Kowalski,
Bob Light, and Jean Matthew were present
Guests: None
The
special meeting was called to order by the chair at 7:05
p.m. with a quorum present
The PC
talked about the “Village Designation” presentation to
the Select Board and Village Trustees (Susan Sinclair –
Executive Director – CVRPC) meeting earlier in the
week. Attending the meeting were Nancy, Jean, and
Wayne. The consensus is there is some interest on the
part of the Select Board and Village Trustees to pursue
the initiative but no time and resource commitments were
offered.
House
keeping item:
The PC
had previously voted to approve the proposed changes to
the Flood Hazard section of the ordinance. Rich made
subsequent changes (grammatical and spelling), and asked
the PC to approve the recently emailed version.
Jean
made a motion to approve the proposed Flood Hazard
Regulations as updated, seconded by Bob, and SO VOTED.
The PC
focused attention on the proposed language for Section
282 – Buffer Requirement for Watercourses (riparian
buffer). The committee considers the protection of
watercourses as spelled out in the draft desirable and
important to the town, however there are equal concerns
regarding how to enforce such an ordinance, and how to
address remediation for violation. The PC discussed
alternate methods to bring about voluntary compliance
with buffers around watercourses. The consensus is –
the addition of section in the zoning ordinance that
speaks to voluntary compliance is inappropriate.
The PC
asked Wayne to follow up with Rhonda Shippee – Calais
Planning Commission member, asking her to attend the
next PC meeting on September 27th (Calais has
an ordinance on watercourse buffers – new construction
only). The PC will attempt to conclude discussion on
the proposed Section 282 at that meeting or shortly
thereafter.
There
being no further business the meeting adjourned at 8:45
p.m.
Respectfully submitted
Wayne
Kowalski
Secretary
The foregoing is a true
copy of the draft minutes of the September 20, 2007
Planning Commission meeting. I have no record of
whether the minutes were approved with or without
changes.
Attest,
_________________________________________________, Town
Clerk
**********************************************************************************************************************************************
Marshfield Planning Commission (MPC) Meeting Minutes
Location: Office of the Town Clerk, Marshfield, Vermont
October 11, 2007
DRAFT DRAFT DRAFT
MPC
Members – Rich Baker, Nancy Everhart, Wayne Kowalski,
Bob Light, and Jean Matthew were present
Guests: Dan Currier – Central Vermont Regional
Planning Commission
The
meeting was called to order by the chair at
7:10 p.m. with a quorum present
Introductions were made around the table.
Dan is
attending the meeting to present an initial draft of the
build out analysis based on criteria the PC set at the
September 13, 2007
meeting. The focus of this build out analysis is - how
much development could occur in Marshfield if there were
no local constraints (a Town without a zoning ordinance)
– subject to State or Federal imposed development
restrictions, and the assumption that all development
(each structure) sits astride a 2 acre parcel. The
build out shows approximately 68% of the land in
Marshfield – is developed, conserved/State forest land,
or has little or low development potential.
We also
reviewed a preliminary analysis of land available for
development by zoning district. The analysis, subject
to the constrains listed above, indicates Marshfield has
approximately 3,000 acres of land in the rural
residential district and 5,500 acres in the forest
district with a high development potential.
Dan was
asked to make a number of changes to the analysis –
primarily to separate the developed land by district
from the conserved land. He plans to attend the
November 29th meeting with draft 2 of the
build out analysis.
Dan
left the meeting at 8:10 p.m.
Proposed Section 282 – Water course buffer area
The
members talked about the previous meeting and the visit
with Rhonda Shippee (Calais planning commission member)
to talk about the
Calais water course ordinance. In substance the
Calais
ordinance only impacts new development, and enforcement
of the ordinance appears to be difficult to achieve.
The
members talked about the pros and cons of writing the
ordinance, and resolved as follows:
Rich
made a motion to propose section 282, as written (dated
9/15/07) with the following additional provisions – a.)
an exemption for small hydro development; b). a
requirement that a land owner can clear no more than
100’ along any stream on a parcel (100’ in total); c). a
water body of 5 acres or more is subject to the
provision in b). above, to public hearing, seconded by
Nancy, and SO VOTED (all in favor). The planning
commission will hold a public hearing in section 282 in
December.
Report
of the Zoning Administrator:
Bob
talked about the pending sale of the Groton Forest Camp
Ground. He inspected the property prior to sale
(closing is scheduled to occur October 12th)
noting the present owners built a structure within the
forest district without obtaining a permit. He issued a
notice of violation, and the new owners have until July
1, 2008 to cure the violation.
Bob
reported that he issued a building permit to a resident
who plans to build a structure within the forest
district under the new zoning ordinance.
Other
business:
Wayne
talked about the fact that the timeline to adopt flood
hazard regulations that meet FEMA criteria has been
pushed out to approximately August 2008. The planning
commission will hold a public hearing on the proposed
ordinance in December, with the expectation the
ordinance will be before the voters at Town Meeting
March 2008.
The
planning commission will ask Bobbi (Town Clerk) to
separate to vote on the flood hazard regulations, from
the vote on section 282.
Jean
asked Wayne to review the “work plan” add an item –
telecommunication – to the plan if necessary.
Wayne
will arrange for a meeting room on November 29th.
There
being no further business the meeting adjourned at 9:10
p.m.
Respectfully submitted
Wayne
Kowalski
Secretary
The foregoing is a true
copy of the draft minutes of the October 11, 2007
Planning Commission meeting. I have no record of
whether the minutes were approved with or without
changes.
Attest,
_________________________________________________, Town
Clerk
**********************************************************************************************************************************************
Marshfield Planning Commission (MPC) Meeting Minutes
Location: Office of the Town Clerk, Marshfield, Vermont
October 25, 2007
DRAFT
MPC Members present: Rich Baker, Bob Light, Jean
Matthew and Nancy Everhart
Guests: None
The meeting was called to order at 7:05 p.m. with a
quorum present.
Nancy moved, with a second by Jean, to approve the
minutes from the Sept. 13, Sept. 20 and Oct. 11
meetings. All voted to approve, with a minor correction
on Bob Light’s report from the Oct. 11 meeting (date
change from July 1 to June 1).
Members discussed the riparian buffer and the public
hearing on Dec. 13 for both the Flood Hazard and
Riparian Buffer sections.
Bob Light reported on issues with the Onion River
Campground, which appears to be open for the winter this
year, despite a requirement to maintain a seasonal
schedule. Bob has written a notice of violation, and
discussed the issue with the Selectboard and the Town’s
attorney.
The meeting adjourned at 8:15 pm (??).
Respectfully submitted (in Wayne’s absence),
Nancy Everhart
The foregoing is a true
copy of the draft minutes of the October 25, 2007
Planning Commission meeting. I have no record of
whether the minutes were approved with or without
changes.
Attest,
_________________________________________________, Town
Clerk
**********************************************************************************************************************************************
There was no Planning Commission meeting on November 8,
2007.
**********************************************************************************************************************************************
Marshfield Planning Commission
Meeting Minutes
Old Schoolhouse Commons
November 29, 2007
Planning Commission members present: Rich Baker, Nancy
Everhart, Wayne Kowalski, Jean Matthew, and Bob Light
were present. Secretary, Dina Bookmyer-Baker and guest,
Dan Currier from CVRPC were also present.
At 7:00 p.m. the meeting was called to order by the
chair, Wayne Kowalski, with a quorum present.
1. Dan Currier, from CVRPC presented Phase I of the
Build-Out Analysis. He first presented maps and analysis
of how just the current zoning restrictions with road
frontage requirement would limit development. He then
presented an analysis where the previously reviewed
development potential without zoning was combined with
the zoning analysis. This yielded mapping and analysis
that evaluated how much development is possible given
the existing development restraints and current zoning
if road frontage is required. Alternative scenarios were
then discussed for Dan to evaluate. Three scenarios were
identified for presentation on January 10, 2008:
-
Evaluating not requiring any road frontage
-
Requiring road frontage for lots less than 200 feet
deep, but not for “back lots”
-
Not allowing development in the Forestry and
Conservation District but increasing the Rural
Residential lot size.
2. Zoning Administrator report:
Bob attended a meeting on sewer and septic regulations
by the state and how local entities may handle new and
non-compliant septic systems while observing local
limitations within the State regulations.
3.
Next planning commission meeting: December 13, 2007
Note to MPC members: The next meeting is a public
hearing on the Flood Hazard area and Zoning Regulations
Section 282. Wayne
described the process involved in a public hearing.
4. Riparian buffer discussion: Discussion was held
regarding the need to add a buffer around public well
heads. Rich suggests calling the state person in charge
of public water supplies. Questions included: What does
protection mean—some development? No development? Is it
important to not drill wells in the area? What about
dwellings? Consider septic and sewer placement. Nancy
offered to follow through with contacting the state.
There being no further business, the meeting adjourned
at approximately 9:30 p.m.
Respectfully submitted,
Dina Bookmyer-Baker, Secretary
The foregoing is a true
copy of the minutes of the November 29, 2007 Planning
Commission meeting.
Attest,
_________________________________________________, Town
Clerk
**********************************************************************************************************************************************
Marshfield Planning Commission
Meeting Minutes
Old Schoolhouse Commons
December 13, 2007
Planning
Commission members Rich Baker, Nancy Everhart, Wayne
Kowalski (Chair), Jean Matthew, Bob Light, and newly
appointed member, Anne Reed, were present. Secretary,
Dina Bookmyer-Baker and guest, Michael Zahner a resident
and member of the Conservation Commission, were also
present.
At 7:07 p.m. the meeting was called to order by the chair, Wayne Kowalski, with a
quorum present.
-
Public Hearing on
Updated Flood Hazard District Regulations and
Riparian Buffer Requirements
Member Kowalski explained
that the state statutes require the Planning Commission
to hold a public hearing on all proposed zoning
ordinance changes in order to give the public the
opportunity to pose questions, hear rationale for the
changes, and provide comments. The Selectboard must then
hold another public hearing. The Selectboard has the
option to exercise its authority to implement interim
zoning, or have the proposed ordinances be put before
the town voters for approval. Member Kowalski explained
that input for the changes came from a state model for
flood plain management and fluvial erosion control,
Central Vermont Regional Planning Commission, and a VLCT riparian buffer model ordinance. He went on to outline the
highlights of the proposed ordinances.
Michael Zahner stated he
thought the Flood Hazard District Regulations were very
thorough. On behalf of the Conservation Commission he
submitted written comments on the Riparian Buffer. The
comments included:
·
Suggested
changing the words “shall be permitted” in the second
paragraph in order to avoid confusion with “permitted
uses” approved by the Zoning Administrator.
·
Suggested
changing item #6 regarding roads and driveways in the
buffer by adding “where no feasible alternative for
providing such access exists.”
·
Suggested
that item #11 regarding allowing 100 linear feet of
cleared area within the buffer was in direct conflict
with the main thrust of the ordinance and was in
conflict with state wetland rules.
·
Suggested
removing word “significant” when referring to wetlands.
Being that there no other
public comments, the public hearing was closed at 7:45
pm.
-
Approval of Proposed
Ordinances
The Commission discussed
the public comments. It was noted that additional
setback requirements could be required by the state as
noted in the ordinance. The consensus of the Commission
was to change the allowed cleared area from 100 feet to
50 feet. Member Light noted he was concerned with
enforcement of the buffer requirements and ability to
determine existing cleared areas. All members agreed
that changing “shall be permitted” to “shall be allowed”
was more clear. All members also agreed that the word
“significant” in regards to wetlands was unnecessary.
There was also discussion that utility lines were not
regulated through zoning and that item #7 regarding
utility lines should be removed. The members also
discussed the proposed change to allow roads “only if no
feasible alternative exists.” It was the consensus of
the members that this was difficult to evaluate due to
the subjective nature of the word “feasible” and that no
change should be made regarding item #6.
There was also discussion
regarding protecting well-head protection areas. Member
Baker outlined the state classifications of different
types of well-head zones and provided the state model
for well-head protection. Based upon the complexity of
well-head protection, it was the consensus of the
members to not modify the ordinance at this time and to
further investigate possible well-head protection
regulations at a future date.
A motion was made by
Member Kowalski to forward the two proposed ordinances
to the Selectboard for consideration with amendments to
the riparian buffer ordinance to change the words “shall
be permitted” to “shall be allowed”, to remove item #7,
to change the allowed cleared area to 50 liner feet, and
to change “significant wetlands mapped by the State of
Vermont” to just “wetlands mapped by the State of
Vermont”. Motion carried unanimously.
-
Approval of Minutes:
The minutes of October 25
were approved with minor modifications.
The minutes of November
29 were approved with minor modifications.
-
Budget for 2008
Member Kowalski presented the 2008 budget for
comments.
-
Next planning
commission meeting
The members agreed that
the next meeting would be January 24, 2008 due to
personal scheduling conflicts with the regular meeting
dates.
-
Resignation of Wayne
Kowalski
Member Kowalski announced
he would be resigning as of the Dec. 31, 2007. The
members complemented Wayne on his excellent contribution
as a member and chair. The issue of the chair will be
considered at the next meeting.
There being no further
business, the meeting adjourned at approximately 9:15
p.m.
Respectfully submitted,
Dina Bookmyer-Baker, Secretary
The foregoing is a true
copy of the minutes of the December 13, 2007 Planning
Commission meeting.
Attest,
_________________________________________________, Town
Clerk
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There was no Planning
Commission meeting on December 27, 2007.
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