PLANNING COMMISSION

August 25, 2011

Planning Commission Members Present – Trish Lewis, and Thor Konwin.   Absent:  Don Nickless, Chair.  Others Present – Jared Cadwell, Amy Loomis – Zoning Administrator, and Kelly Giard, Recording Secretary

T. Konwin, Vice Chair, called the meeting to order at 7:27 PM.

LOT LINE ADJUSTMENT REVIEW:

The recessed meeting from July 28, 2011 was reconvened.

Mr. Cadwell presented the survey maps, as requested and reviewed the proposed lot line adjustments to the members of the Planning Commission.

Mr. Cadwell indicated that there would be no additional parcel from this adjustment.

A. Loomis explained that the set-back minimums are correct at 25’, with the minimum lot sizes also correct.

T. Lewis inquired if the barn area would have a deeded Right of Way.  Mr. Cadwell indicated that this would be a deeded Right of Way,

Motion by T. Lewis and seconded by T. Konwin to accept the proposed new boundary lines.  Motion passed unanimously 2 – 0.

The next regular meeting will be held on September 22, 2011 at 7:00 PM

The meeting was adjourned at 7:37 PM.

Respectfully Submitted

Kelly Giard, Recording Secretary

 ____________ABSENT_____________

Don Nickless, Chair

_________________________________

Thor Konwin, Vice Chair

_________________________________

Trish Lewis

PLANNING COMMISSION

June 23, 2011

Planning Commission Members Present – Don Nickless and Thor Konwin.  Absent:  Trish Lewis.   Others Present – Allen Hitchcock, Stephen Hitchcock, Scott Smith, Ron Smith, Amy Loomis – Zoning Administrator, and Kelly Giard, Recording Secretary

D. Nickless, Chair, called the meeting to order at 7:00 PM.

FLOOD HAZARD REGULATIONS:

D. Nickless explained that the Flood Hazard Regulations hearing was posted in 3 places about town on May 20, 2011, as well as the website and the Rutland Herald on May 21, 2011.

There was no discussion concerning the Flood Hazard Regulations and the Regulations will be added to the Zoning Regulations and forwarded to the Select Board for appropriate hearings and approvals.  Motion by D. Nickless and seconded by T. Konwin to forward to the Select Board.  Motion passed unanimously 2 – 0.

SITE PLAN REVIEW:

D. Nickless indicated that Ron Smith has submitted an application for 2-lot subdivision on Plains Road.

A. Loomis indicated that all information has been received, however, asked for some clarification on the map that was submitted with regard to the labeling of lots 1 and 2.  Mr. Smith made the corrections and initialed the change.

Allen Hitchcock indicated that the Sugar Hollow Brook is listed as Little Brook.  Mr. Smith reviewed the maps with Allen and Stephen Hitchcock and discussed the location of the subdivision.  Allen Hitchcock indicated that the brook is entirely on his property and the survey map indicates different.

Mr. Smith indicated that lot #1 would be sold in the future.

D. Nickless inquired if there were any survey pins.  Mr. Smith reviewed and discussed the original survey may dated 1968.

D. Nickless indicated that a verification of the property line is necessary.

D. Nickless inquired if the lots will be intended to be developed.  Mr. Smith indicated that there would be no development at this time.

Allen Hitchcock indicated that he, or Stephen Hitchcock had any problems with the proposal as presented by Mr. Smith, however, would like to have the survey corrected.

A. Loomis inquired where the access to the property would originate.  Mr. Smith indicated that the access would be 1900’ off of the Plains Road.

A. Loomis inquired if the Hitchcock property would be landlocked if the subdivision is allowed.  Stephen Hitchcock indicated that there was a previous Right of Way included on the deed and the Right of Way access would be dependent on the sale.  Stephen Hitchcock indicated that the surveyor should have the Right of Way included on the survey maps.

Motion by D. Nickless and seconded by T. Konwin to approve the subdivision application, subject to necessary conditions of verifying the survey pins.  Motion passed unanimously 2 – 0.

ZONING REGULATION REVIEW

D. Nickless reviewed the list of requirements to be completed for the Zoning Regulations.  A work session was scheduled for July 7, 2011 at 7:00 PM.

The next regular meeting will be held on July 28, 2011 at 7:00 PM

The meeting was adjourned at 8:15 PM.

Respectfully Submitted

Kelly Giard, Recording Secretary

_________________________________

Don Nickless, Chair

_________________________________

Thor Konwin, Vice Chair

____________________ABSENT_____

Trish Lewis

TOWN OF PITTSFORD

PLANNING COMMISSION

April 28, 2011

Planning Commission Members Present – Don Nickless, Trish Lewis and Thor Konwin.    Others Present – Bruce Paynter, Atty. Gary Kupferer, Atty. Chris Blanchard, Stephen Carpenter, Kristen Carpenter, Amy Loomis – Zoning Administrator, and Kelly Giard, Recording Secretary

D. Nickless, Chair, called the meeting to order at 7:00 PM.

D. Nickless indicated that the meeting was to hear a Site Plan Review as presented by OMYA and Central Vermont Public Service.

D. Nickless inquired if there were any plans for use by CVPS.  Atty. Kupferer indicated that there are no current plans, however, this was part of the OMYA assets power division sale that recently occurred.

D. Nickless inquired the proximity of the power lines.  Atty. Kupferer indicated that this parcel abuts a segment of land, which is located in Proctor.  Atty. Kupferer also indicated that CVPS will also be acquiring an access way on the eastern side of Otter Creek (also known as the Firk parcel), which is opposite thehydro dam.

D. Nickless inquired if there was any planned development.  Atty. Kupferer indicated that there were no immediate plans, however, a farmer does hold a lease on the land, and any development would be subject to the lease.  Atty. Kupferer also indicated that the lease remained in place at the time of purchase.  Atty. Blanchard indicated that there are a couple of years remaining on the lease.

T. Konwin inquired why the entire parcel was not leased to the farmer.  Atty. Blanchard indicated that there were settling ponds involved and that it would be easier to leave the parcels in tact and not to disturb the 2 Proctor parcels that are involved.

Atty. Blanchard explained the maps and indicated that dividing lines on the subdivision.

D. Nickless inquired what would happen with the settling ponds.  Atty. Blanchard indicated that OMYA would be keeping these ponds.

D. Nickless inquired the access to the parcel.  Atty. Blanchard explained that the access would be off of Deer Lane, which is located off of Route 3, via easement on the Taranovich property.  The access will not change.

T. Lewis indicated that there is a trail indicated on the east side of the property and inquired if this would continue to be a public used trail.  Atty. Kupferer indicated that Rich Lunna surveyed this property and neither Atty. Kupferer or Atty. Blanchard were able to confirm that this trail would remain a public trail.  A. Loomis indicated that the trail is not indicated in the legend, either.  Atty. Blanchard indicated that there is a possibility that the farmer that leases the land may have made the trail.  Atty. Kupferer indicated that the deed work does not reference the trail or the farm work.  Atty. Kupferer did indicate that the title work is not completed in Pittsford.

D. Nickless inquired if the survey is in place.  Atty. Kupferer indicated that the perimeter would be surveyed to indicate the parcels to be subdivided.

A. Loomis indicated that the parcel is located in the Rural zoning and does meet the 2 acre minimum.  The parcel being kept (lot #1) is 14.5 acres and the lot being conveyed (lot #2) is 95.5 acres.

Motion by T. Konwin and seconded by T. Lewis to approve the application as presented.  Passed 3 – 0.

Stephen Carpenter indicated that he is a property abutter and inquired if there would be any development in the near future.  D. Nickless indicated that there is no immediate intention of development.  A. Loomis explained the maps to the Carpenters.

Atty. Kupferer, Atty. Blanchard, Stephen Carpenter and Kristen Carpenter exited at 7:17 PM.

ZONING REGULATION REVIEW

Bruce Paynter indicated that he has no objections to the proposed Zoning Regulations.

D. Nickless indicated that the Rutland Regional Planning Commission has been consulted with regard to the non-conforming portions of the current Zoning Regulations with regard to the State and Federal regulations.  Currently, there is no response from the Region with regard to this topic.

Mark Blucher from the Region did reply with regard to the telecommunications section, indicating that the state regulations have changed, therefore, the current Zoning Regulations will need review and should include the Legislative action that is forthcoming.  The recommended text will be forwarded for inclusion.

D. Nickless indicated that there was no background information with regard to the zoning on the West Creek Road.  There was discussion concerning the fact that one side is zoned residential and one side is zoned rural.  The discussion resulted in that this section would remain the same.

T. Lewis reported that she has been working on the section for Smart Growth. The 10 Principles for Smart Growth will be reviewed and the information will be included in the Zoning Regulation.  Copies of the document were distributed for review and comment.

Mark Blucher also recommended changes in the Conditional Use as the current chart defines most development in the village as being “conditional” and may impede new business development within the village.  A. Loomis indicated that the Site Plan Review provides the information required.  There will be a review of this chart and changes will be proposed for inclusion in the Zoning Regulations.  Recommendations will be e-mailed for the members to review.

There was discussion regarding the Certificate of Occupancy and the Certificate of Compliance.  There was discussion concerning the certificates and the differences between the certificates.  A. Loomis recommended that this be forwarded to the Region for review and determination of necessity.

There was discussion concerning lot sizes.  B. Paynter indicated that it is his belief that the area is being out-priced and it is difficult for people to purchase land in the area.  T. Lewis indicated that she would be willing to research the possibility of no set-back and lot size issues with other town.

D. Nickless indicated that there have been changes within the State zoning regulations and would distribute to members.

T. Lewis indicated that PRD (Planned Residential Developments) of other towns were reviewed and indicated that some other towns include “mixed uses”.  There was discussion concerning this topic.  D. Nickless indicated that he would be reviewing this section, which would include the subdivision regulations.

A. Loomis indicated that the notice of the meeting appeared in the Reporter on April 27, 2011.

T. Konwin indicated that he has reviewed the Flood Regs and asked the Department of Fish & Game for comments as to the inclusion of water protection, however, no confirmation has been received.

The meeting was adjourned at 8:04 PM.

Respectfully Submitted

Kelly Giard, Recording Secretary

_________________________________

Don Nickless, Chair

_________________________________

Thor Konwin, Vice Chair

_________________________________

Trish Lewis

TOWN OF PITTSFORD

PLANNING COMMISSION

March 24, 2011

Planning Commission Members Present – Don Nickless, Trish Lewis and Thor Konwin.    Others Present – Bruce Paynter, Anita Paynter, Amy Loomis – Zoning Administrator, and Kelly Giard, Recording Secretary

D. Nickless, Chair, called the meeting to order at 7:00 PM.

D. Nickless explained that the Zoning Regulations are currently “Interim Zoning Regulations” and are a work in progress.  This meeting was a working session.

D. Nickless presented topics that had been discussed at previous meetings of the Planning Commission, which included the following:

• Parking Space Requirements.  A. Loomis will review the current requirements and make any recommendations or suggestions.
• West Creek Road.  One side of the road is currently zoned commercial and the other side is zoned residential.  There has been a little research and no explanation has been located. This is a topic that will require further research.
• Permit Fees and implementation of fees with conditions.  This is a topic that will require further research.
• Smart Growth.  This topic will be researched and further included in future drafts.
• State Permits required prior to Zoning Permits.  Currently, Town permits are not withheld prior to the obtaining of a State Permit.
• Burning Furnaces.  Currently, the state has regulations, is this something the Town should consider adding?
• Certificate of Occupancy.  This was discussed at length and A. Loomis explained that currently, there is no certificate issued for renters who change.
• Noise Ordinance.  Should one be instituted?
• Maximum lot size along with maximum densities.  This is a topic that will require further research and information.
• Commercial vs. Residential “buffer”.  Trish Lewis will research this topic with regard to the village lot sizes.
• Riparian Buffer.  This article protects streams and lakes during construction.  Thor Konwin will research the existing Flood Hazard Regs and report if the Fish and Wildlife restrictions are currently in place.

There was discussion as to the further steps that will be required in the drafting of the more permanent Zoning Regulations.  The decision was to hold a Public Meeting on April 28, 2011 to gather input and information from the public.

The meeting was adjourned at 8:23 PM.

Respectfully Submitted,

Kelly Giard, Recording Secretary

 _________________________________

Don Nickless, Chair

_________________________________

Thor Konwin, Vice Chair

_________________________________

Trish Lewis

Planning Commission Members Present – Trish Lewis and Thor Konwin.   Absent:  Don Nickless.  Others Present – John Haverstock, Amy Loomis, Bruce Paynter, and Kelly Giard, Recording Secretary

T. Konwin, Vice Chair called the meeting to order at 7:00 PM.

Site Plan Review:

Applicant:  Town of Pittsford, property located at 305 Arch Street.  The purpose of the application is to change the use of the interior of an existing building, to include garage space, office area, bathroom, and to enclose roofed overhang for cold storage.  (Parcel ID #1724)

J. Haverstock explained the project as converting the former sludge bagging room into a bathroom/office space for Water Operators Babcock and Hendee.  The covered area that was indicated in the application would be used for cold storage with an interior access door.

J. Haverstock indicated that there would be no footprint change to the existing structure traffic increase would only be 1 vehicle in the morning and 1 vehicle in the afternoon (the employee coming to and from work); the costs are going out to bid and the rough estimate would be between $15,000 and $20,000; a pre-bid meeting will be held on February 2, 2011 at 9:00 AM at the facility with construction to occur in March 2011; the Agency of Natural Resources has approved a permit, which has been received by the Town.

T. Konwin inquired if there would be any additional state permits required.  J. Haverstock indicated that there is currently a sink in the facility and there would only need to be a bathroom facility installed.

T. Konwin inquired if there were any parking issues.  J. Haverstock explained that there was already a “turn-out” close to the building for parking.

T. Lewis inquired if there was currently occupancy at the facility.  J. Haverstock indicated that there has been some organizing, however, no actual occupancy.  T. Lewis inquired if there would be any additional lighting installed.  J. Haverstock indicated that there would be no additional lighting required as the hours are currently 6:00 AM – 2:00 PM weekdays.

A. Loomis indicated that this property is located in the Village District and is a permitted use.  The acreage is sufficient at the property.

A. Loomis indicated that there were advertisements placed in the appropriate locations, including the newspaper, and notices were mailed to abutting land owners.  J. Haverstock indicated  that Marcia McMahan had some questions, which he was able to answer when she inquired at the Town Clerk’s Office.

PUBLIC COMMENT:

None stated at this time.

Motion by T. Lewis and seconded by T. Konwin close this hearing at 7:16 PM to further discuss this application in Deliberative Session.

Motion passed 2 – 0.

The Planning Commission members exited Deliberative Session at 7:24 PM.

Motion by T. Lewis and seconded by T. Konwin to approve the application with no conditions.

Motion passed 2 – 0.

Meeting adjourned at 7:25 PM

Respectfully Submitted

Kelly Giard, Recording Secretary

______________ABSENT___________

Don Nickless, Chair

_________________________________

Thor Konwin, Vice Chair

_________________________________

Trish Lewis

Planning Commission Members Present – Don Nickless, Trish Lewis and Thor Konwin.    Others Present – Bruce Paynter, Anita Paynter, Kimber Harvey, Allen Hitchcock, Clarence Greeno, Tom Carrara, Jim Richards, Beth Richards,  Atty for Channing Trust (did not identify himself), Amy Loomis – Zoning Administrator, and Kelly Giard, Recording Secretary

D. Nickless, Chair, called the meeting to order at 7:00 PM.

Permit Application #10-49:

Applicant:  N. Kimber Harvey, 49 Humphrey Road, Florence, VT

D. Nickless read the application of discussion.

D. Nickless inquired who owned the property.  Mr. Harvey indicated that he (N. Kimber) and his brother (Matthew) currently own the property, which was formerly owned by his deceased father.

D. Nickless inquired where the property was located.  Mr. Harvey explained that there are 28 acres included in the area that the proposed subdivision is included.  Mr. Harvey explained that the property to be subdivided is located on the west side of West Creek Road.  Mr. Harvey explained the property on the map that was presented to the members of the Planning Commission as being on the west side of West Creek Road, southern portion of Humphrey Road to the Proctor town line.

T. Konwin questioned that the application indicated that there is 60.25 acres remaining.  Mr. Harvey explained that this property is on the eastern side of West Creek Road.

D. Nickless indicated that there is 36.8 acres on the east side of West Creek Road, an additional 23.45 acres on the east side of West Creek Road and an additional 60.25 acres remaining.  Mr. Harvey indicated that this remaining property is on both sides of the West Creek Road.

T. Lewis inquired if there were any dwellings on the property.  Mr. Harvey explained that there is a garage that has recently been renovated into a home by the current resident.

A. Loomis indicated that there are no parcel boundaries indicated on the survey.

T. Konwin indicated that there are no set-backs indicated on the maps.  Mr. Harvey explained that the remaining buildings are on the West Creek Road.

D. Nickless inquired what the “line” was that was indicated on the tax map.  Mr. Harvey explained that the line was the flood plain.

T. Lewis inquired where the driveway access would be placed.  Mr. Harvey indicated that the access would be off of Humphrey Road for Lot #1 and West Creek Road for Lot #2.

A. Loomis inquired if there was a dwelling on Lot #1.  Mr. Harvey indicated that there has been a dwelling since 1982.

A. Loomis indicated that there would need to be an entire property survey.  Mr. Harvey indicated that he would request that the engineer/surveyor “blow up” the current maps.  D. Nickless indicated that this would need to include the entire property.

There was no further comment indicated at this time.

D. Nickless explained the review process and that a reply will be received prior to the 45 day limit.

Motion by D. Nickless and seconded by T. Lewis to close the hearing and to continue discussions in Deliberative Session.  Passed unanimously 3 – 0 at 7:14 PM.

2 Lot Subdivision – Mary Channing Trust:

D. Nickless explained the property as being on US Route 7 and Channing Lane, Pittsford, VT.  D. Nickless indicated that there is a copy of the Warranty Deed to be included with the application.

The Atty. representing the Mary Channing Trust described the proposal.  D. Nickless inquired if there were any further maps of the property.  The Atty. stated that there were no further maps to present.

D. Nickless inquired if the boundary line was located on the eastern side of the lot.  The Atty. indicated that this was merged “years ago”.  D. Nickless indicated that the maps referenced were not the maps that were registered in the town records.  The Atty. indicated that there was possibly some confusion with the maps referred to in the deed.  A. Loomis indicated that maps were researched and none were located.

T. Konwin inquired if there were any buildings on either parcel.  The Atty. Indicated that there were no buildings currently on Lot #1, however, there is a possibility of buildings in the next year.

A. Loomis inquired where the markers were located for Lot #2.

T. Lewis inquired where the access would be for Lot #1.  The Atty. indicated that this would be off of Channing Lane.  A. Loomis indicated that Channing Lane is a Town Road.

D. Nickless inquired the width of Channing Lane.  The Atty. was not sure, as he is missing the correct drawings and the current survey for the property.  D. Nickless inquired where the pins were located that are referenced in the Deed.

T. Lewis indicated that a drawing was needed for the western areas of the property, to include the dwelling on Lot #2.

Ms. Richards indicated that there is a house at the end of Channing Lane.

Mr. Richards inquired if there could be any restrictions imposed by abutting landowners to prevent development.  D. Nickless read the restrictions of the Deed.  T. Konwin explained that for any development to occur, after the Deed restrictions, the developers would need to come before the Planning Commission (or Zoning Board of Adjustment – or both) with the applications, however, the abutting landowner can not impose restrictions.  Mr. Richards indicated that he is concerned about future development of the property.

Motion by D. Nickless and seconded by T. Lewis to close the hearing and to continue discussions in Deliberative Session.  Passed unanimously 3 – 0 at 7:31 PM.

The representing Attorney exited at 7:31 PM.

Permit Application #10-57:

Applicant:  Allen Hitchcock, Furnace Road, Pittsford, VT

D. Nickless inquired where the property was located.  Mr. Hitchcock indicated that the property is located behind the former Lloyd Provin property.  Mr. Hitchcock explained that the purpose was to convey .68 acres to Jill Oudman to re-align her current property.

D. Nickless inquired if there was a survey in place.  Mr. Hitchcock indicated that there was a survey in place.  Mr. Hitchcock explained Ms. Oudman’s situation and explained that this would avoid Ms. Oudman from needing to ask permission to access the back portion of her shed for repairs, etc.

The survey was reviewed and Mr. Hitchcock explained the portion of the property that would be conveyed.

T. Konwin inquired if there was a dwelling currently on the lot.  Mr. Hitchcock indicated that there was no dwelling on the lot.

Bruce Paynter indicated that he was an Interested Party and presented the members of the Planning Commission with a petition that was signed by 10 voters of the Town of Pittsford.

Mr. Paynter inquired if this was a conveyance of less than 1 acre.  Mr. Hitchcock explained that this was for .68 acre.

Mr. Paynter commented that this process was an improvement and an attempt to convey the property in a legal manner.

T. Konwin inquired if Mr. Paynter or any of the signers of the petition were abutting property owners.  Mr. Paynter explained the State Statue as a requirement of 10 voters.

D. Nickless inquired if Mr. Paynter was contesting the application.  Mr. Paynter indicated that he was not contesting the application.  Mr. Paynter presented Mr. Hitchcock with a copy of the petition.

T. Carrara indicated that, as a signer of the petition, would the lot line change be a legal action.  D. Nickless explained the current regulations have no specific section addressing this concern and there was discussion around this topic.

Motion by D. Nickless and seconded by T. Lewis to close the hearing and to continue discussions in Deliberative Session.  Passed unanimously 3 – 0 at 7:45 PM.

The Planning Commission exited Deliberative Session at 8:25 PM.

Subject to the conditions to be documented in the Decisions each application was approved 3-0 in deliberative session.

The meeting was adjourned at 8:26 PM.

Respectfully Submitted

Kelly Giard, Recording Secretary

_________________________________

Don Nickless, Chair

_________________________________

Thor Konwin, Vice Chair

_________________________________

Trish Lewis

PLANNING COMMISSION

June 30, 2010

Planning Commission Members Present – Don Nickless, Trish Lewis and Thor Konwin.   Others Present – Byron R. Hathaway (abutter – General Land Company), Byron J. Hathaway (abutter – General Land Company), Colleen Hobbs, Tom Bowen, Tom Carrara. Lloyd Davis (abutter – General Land Company), Francis Lloyd (abutter – Hobbs), Rhonda Grace, Jim Grace, Charles Merriman (Atty. – Grace), Paul Cormier, Ken Gagnon, Bruce Paynter, Atty. Jack Facey, Amy Loomis – Zoning Administrator, and Kelly Giard, Recording Secretary

D. Nickless Chair, called the meeting to order at 7:00 PM.

Site Plan Review:

Interested Persons – Byron R. Hathaway, Byron J. Hathaway, and Lloyd Davis.

Applicant:  General Land Company; property located at Gordon Hill Road.  The purpose of the application is to divide a parcel of land (parcel ID #1165), which is 202 acres into 5 lots.

Mr. Grace presented maps for the Planning Commission to review.

Mr. Grace explained that the entrance to the development would occur on the southwest corner at the Lands of Gagnon.  D. Nickless inquired if there was an easement in place for this entrance.  Mr. Grace indicated that there was an easement in place, as well as for 2 other properties.

Mr. Grace indicated that the lots would range in size from 35 acres to 46 acres.  Mr. Grace indicated that the road frontage was listed with the smallest road frontage being 325’ on lot 3.

A. Loomis inquired the Right of Way.  Mr. Grace indicated that there is Right of Way of 50’ information that will be included in the deeds when the property is sold.

Mr. Grace indicated that he has the survey maps, however, there are no pins placed as yet, however, there are markers in place.  There is currently an access road, which was constructed by Markowski Excavating to the property only and no further access has been completed to the various lots.

D. Nickless inquired the requirement for private road frontage.  Atty. Facey indicated that there is no regulatory difference between the private road vs. the public road frontage.  There was discussion regarding the frontage and the section 1.8.15 of the 1989 Regulations was referred.

A. Loomis inquired if there were covenants in place.  Mr. Grace submitted proposals for the covenants to be forwarded to the buyers of the parcels.  The covenants include no further subdivision, single family homes and include private road maintenance.

Atty. Facey inquired who would own the road.  Mr. Grace indicated that the Neighborhood Association would own and maintain the road.

Atty. Merriman indicated that the property lines would be measured from the center of the road as the Right of Ways.

D. Nickless inquired who would provide fire protection to this area, either Rutland Town or Pittsford.  Mr. Grace presented variables indicating the distance from the Pittsford fire station to the property vs. other properties in town that were similar and that are serviced by the Pittsford fire department.

PUBLIC COMMENT

Mr. Davis expressed concerns of his water supply spring is in the area of this proposed development.  Atty. Facey asked for Mr. Davis to explain to the Planning Commission the location of his water supply on the maps that were provided by Mr. Grace.  T. Lewis inquired of Mr. Davis if the water supply springs are located on the General Land Company property, to which Mr. Davis denied. Mr. Grace indicated that there was a water study completed and there was a silt fabric installed to prevent erosion.  Mr. Davis expressed concern of who is responsible and if this is a reasonable project.

Mr. Byron R. Hathaway indicated that this is the first time he has seen a map of the proposed project.  A. Loomis indicated that the maps have been available in the Town Office and could have been reviewed after the notices were received by the abutting land owners.

Mr. Hathaway indicated that the deed obligations have not been met.  Mr. Grace indicated that the water issue on the Livak property has been resolved.  Mr. Harvey inquired if the fencing issue has been resolved.  Mr. Grace indicated that there was nothing of this nature in the deed.  Atty. Facey reminded the participants that this is nothing that the Planning Commission can control and prior to any construction, the Zoning Board of Adjustment will meet to review the projects on an individual basis.

D. Nickless explained the review process and that a reply will be received prior to the 45 day limit.

Motion by T. Konwin and seconded by T. Lewis to close the hearing at 7:30 PM.  Motion passed 3 – 0.

Jim Grace, Rhonda Grace, Byron R. Hathaway, Byron J. Hathaway, Lloyd Davis, Ken Gagnon, and Atty. Merriman exited at 7:30 PM.

Site Plan Hearing:

Interested Persons – Francis Lloyd – abutter to proposed parcel ‘C’

Applicant:  Colleen Hobbs, property located at 570 Sangamon Road.  The purpose of the application is to divide a parcel of land (parcel ID #0346), into 5 lots with 50’ Right of Way in the Rural District.

Ms. Hobbs presented a proposed drawing of the project.  Ms. Hobbs indicated that she has a permit in place, however, has changed the drawing since the permit was approved.

Ms. Hobbs was asked to return with drawings prepared by a licensed surveyor showing lot sizes, right of ways, property boundaries, and encroachments. Ms. Hobbs indicated that she has spoken with Mr. Tinker to perform this work.

Mr. Lloyd indicated that there are concerns with the road access and the water.  Mr. Lloyd indicated that the land has been clear cut logged.  D. Nickless indicated that the Planning Commission would await the new drawings before any decision can be made.

Mr. Lloyd inquired if there would be a buffer in place.  A. Loomis indicated that the proposed lots must meet the set-back requirements.  T. Konwin explained that this would be considered when the homes are proposed.  A. Loomis indicated that the tree issues would be a concern of the state.  D. Nickless explained that each proposed house would require a hearing and must meet the required 25’ set-backs.

Motion by D. Nickless and seconded by T. Konwin to recess Ms. Hobbs’ hearing until August 26, 2010 at 7:00 PM.  Motion passed unanimously 3 – 0.

Site Plan Review:

Applicant:  Paul Cormier, property located at 9 Hendee Lane, Pittsford.  The purpose of the application is to add a 28’ X 36’ addition to existing garage.

Mr. Cormier presented a drawing of the proposed project for review.

D. Nickless inquired if there would be a new access to the property.  Mr. Cormier indicated that there would be no new access and the current access is on Hendee Lane.  Mr. Cormier indicated that there is a mobile home across Hendee Lane and another house at the end of Hendee Lane.

T. Konwin inquired if there would be additional parking required on the property.   D. Nickless indicated that the current permit allows for 12 vehicles, and can be a combination of customer vehicles and/or vehicles for sale and is requesting no additional parking.

T. Konwin inquired if there would be any additional employees or an increase of hours.  Mr. Cormier indicated that here would be no increase in employees or hours of operation.

Mr. Cormier indicated that the request is due to the need for more space as he currently has 1 working bay with a lift.

T. Konwin inquired if there would be an additional sign.  Mr. Cormier indicated that the sign would be moved from one garage to the other, with the proper permits.

Mr. Cormier indicated that the current permit required a tree barrier, for which he has the holes dug and is anticipating planting 16 cedar trees to cover the 75’.  A. Loomis indicated that the current permit, with the tree conditions was issued on March 2, 2006.  A. Loomis inquired when the plantings would be complete.  Mr. Cormier indicated that he could have this complete in 30 days.

There were no further comments from the Planning Commission members.

Motion by D. Nickless and seconded by T. Konwin close this hearing at 7:57 PM.  Motion passed 3 – 0.

Motion by D. Nickless and seconded by T. Konwin to enter into Deliberative Session at 7:57 PM.  The Planning Commission invited Atty. Facey to remain for Deliberative Session.

The Planning Commission exited Deliberative Session at 8:15 PM.

Motion by D. Nickless and seconded by T. Konwin to approve the application submitted by General Land Company with conditions of Road Maintenance Declaration, Map dated 3/3/10 from LaRose Surveys, PC, and the Covenance, Conditions and Restrictions for Gordon Hills, Pittsford.  There was nothing that could be done at the Planning Commission level with regard to the off-site spring.  Motion passed unanimously 3 – 0.

Motion by T. Konwin and seconded by T. Lewis to approve the application submitted by Paul Cormier with conditions of planting the 16 cedar trees over the 75’ area, beginning at the entrance access to Route 7 within the next 60 days.  Motion passed unanimously 3 – 0.

MINUTES:

The minutes of the June 24, 2010 Site Plan reviews were signed with no corrections.

Meeting adjourned at 8:20 PM

Respectfully Submitted

Kelly Giard, Recording Secretary

_________________________________

Don Nickless, Chair

_________________________________

Thor Konwin, Vice Chair

_________________________________

Trish Lewis

Planning Commission Members Present – Trish Lewis and Thor Konwin.  Absent:  Don Nickless  Others Present – Bruce Paynter, Anita Paynter, Bill Drummond, Linda Drummond, Emerson Frost, Jocelyn Frost, Dave Simendinger, Amy Loomis – Zoning Administrator, and Kelly Giard, Recording Secretary

T. Konwin, Vice Chair, called the meeting to order at 7:00 PM.

Site Plan Hearing:

Applicant:  William and Linda Drummond; property located at 3224 US Route 7.  The purpose of the application is for a retail operation to add additional storage units to existing office and retail space.

Mr. Drummond explained the project as being contained within the existing building, which is the former Dollhouse and Mini’s on Route 7.  Mr. Drummond explained that this proposal is to develop a low impact use for the building by renovating the building to include 6 – 8 secure storage units.  The units will be in the “quansit” hut style.  The units will be rented to local businesses who need “dead storage” space on a month to month basis.  Mr. Drummond explained that this proposed project will be contained within the walls of the existing buildings and the existing property will not be changed.  The driveway will be secured by the current gate with a lock.  Mr. Drummond anticipates the proposed project to be completed by the end of the year.  Mr. Drummond stated that the maximum number of units will be 8 with the square footage as being 6’ X 18’ to 16’ X 16’.

T. Konwin inquired who would have keys to the property.  Mr. Drummond explained that the keyholders will be the renters.  T. Konwin inquired how many parking spaces are included.  Mr. Drummond explained that there are 8 spots in the area of the building, with an additional 4 spaces below the building.  Mr. Drummond explained that there would be very minimal traffic, which would mainly be cars and an occasional U-haul.  Mr. Drummond explained that there has been 1 unit rented in the building, for approximately 6 months, and no impact has been noted.

T. Lewis inquired the hours of operation.  Mr. Drummond indicated that this is not intended to be a 24 hour operation and simple hours are encouraged, probably dawn to dusk, plus weekends.  Ms. Drummond indicated that there are currently lights installed at the property now.  Mr. Drummond explained that currently, there are 3 lights on a switch and 1 on a timer, however, the plans are to change all the outdoor lighting to a timer system.

T. Konwin asked A. Loomis if the Zoning Regulations required any parking.  A. Loomis indicated that there was no additional parking needed.  A. Loomis indicated that this is a pre-existing structure.

A. Loomis indicated that the abutters were notified of the proposed project in a letter dated June 16, 2010.

PUBLIC COMMENT

There was no further comment indicated at this time.

T. Konwin explained the review process and that a reply will be received prior to the 45 day limit.

Motion by T. Konwin and seconded by T. Lewis to enter into deliberative session at 7:19 PM.

The Planning Commission exited Deliberative Session at 7:33 PM.

Motion by T. Lewis and seconded by T. Konwin to approve the application.

Meeting adjourned at 7:34 PM

Respectfully Submitted

Kelly Giard, Recording Secretary

______________ABSENT___________

Don Nickless, Chair

_________________________________

Thor Konwin, Vice Chair

_________________________________

Trish Lewis

TOWN OF PITTSFORD  PLANNING COMMISSION

June 24, 2010

Planning Commission Members Present – Trish Lewis and Thor Konwin.  Absent:  Don Nickless  Others Present – Bruce Paynter, Anita Paynter, Bill Drummond, Linda Drummond, Emerson Frost, Jocelyn Frost, Dave Simendinger, Amy Loomis – Zoning Administrator, and Kelly Giard, Recording Secretary

T. Konwin, Vice Chair, called the meeting to order at 7:00 PM.

Site Plan Hearing:

Applicant:  Rexbo Development Inc; property located at 3705 US Route 7.  The purpose of the application is to add a convenience store with deli, with seating for 12.

Mr. Simendinger explained that he and his brother purchased the Sunoco station recently.  Currently, there is an permit in place for a convenience store, however, would like to add a deli, such as in the current Champlain Farms store in Brandon.  Mr. Simendinger indicated that there would be no external changes to the property and the proposed project will be internal.

T. Konwin inquired the current parking capacity.  Mr. Simendinger indicated that there would be no change and there are currently 8 – 10 spots.  There would be more of a lunch “sandwich” crowd.  T. Konwin inquired the hours of operation.  Mr. Simendinger indicated that currently, the operation is from 6:00 AM – 6:00 PM and the proposed hours are from 6:00 AM – 12:00 midnight, typical hours for this type of operation.

Mr. Frost inquired if there gasoline would continue to be sold there.  Mr. Simendinger indicated that this would remain.

T. Lewis inquired if this is a franchise.  Mr. Simendinger indicated that there is a Champlain Farms affiliation.

T. Konwin indicated that this structure formerly sold pizza and had been approved as a Conditional Use.  A. Loomis indicated that this was approved in 2005 by the Zoning Board of Adjustment for a convenience store with gasoline and the only addition proposed is a deli and 12 seats.

T. Lewis inquired if there would be an additional use of the town water and sewer.  Mr. Simendinger indicated that there is an approval of 456 gallons per day and indicated that this is more than enough.  A. Loomis has the documentation dated June 5, 2008 for 456 gallons per day.

T. Konwin inquired if there are other permits required.  Mr. Simendinger indicated that there would need to be a health inspection and Labor and Industry inspection.

T. Lewis inquired if the lighting would be “annoying” at night, or if the screen of trees would block this light.  Mr. Simendinger indicated that the lighting direction has been changed to point more down than out and there is no property extension.

PUBLIC COMMENT

There was no further comment indicated at this time with regard to this application.

Mr. Paynter inquired the June 30, 2010 subdivision hearing of Colleen Hobbs.  A. Loomis indicated that this was due to a reconfiguration of the proposal since the initial approval.  Mr. Paynter indicated that the “Hitchcock” subdivision was the only subdivision not reviewed by the Planning Commission.  There was discussion regarding this and Atty. Facey advised to have a “Permit Review”.

A. Loomis explained that the upcoming applications (Hobbs & Grace) have a subdivision application that has frontage and one has a right of way review.

T. Konwin explained the review process and that a reply will be received prior to the 45 day limit.

Motion by T. Konwin and seconded by T. Lewis to enter into deliberative session at 7:19 PM.

The Planning Commission exited Deliberative Session at 7:33 PM.

Motion by T. Lewis and seconded by T. Konwin to approve the application.

A. Loomis indicated that the Town has asked Jack Facey to represent the Town as Mr. Grace (who has an application to be heard on June 30, 2010) was formerly represented by Atty. Facey’s firm (not involving this application).  Atty. Facey indicated that there is no conflict of interest, however, Mr. Grace will be present with his own Attorney.  Atty. Facey will be representing the Town of Pittsford.  The Planning Commission members agree and are aware of the presence.

Meeting adjourned at 7:34 PM

Respectfully Submitted

Kelly Giard, Recording Secretary

______________ABSENT___________

Don Nickless, Chair

_________________________________

Thor Konwin, Vice Chair

_________________________________

Trish Lewis

D. Nickless, Chair, called the meeting to order at 7:35 PM.

Site Plan Hearing:

Applicant:  Reginald and Christina Charbonneau – 1905 US Route 7 South – Pittsford, VT.  The property is located at 1876 US Route 7 South (the site of the former Tuffy Toys.) for the purpose of a retail section for maple sugaring supplies in the front of the building and a working sugar house in the other sections.

K. Brown inquired if Mr. & Mrs. Charbonneau have obtained ownership of the property.  Mr. Charbonneau indicated that the property ownership was settled in August 2009.  Mr. Charbonneau indicated that the water line will be available when the town water project is completed on the south end of town.

Mr. Charbonneau indicated that the maple sugaring supply vendor will be LaPierre, who is located in Canada with a location in Swanton, VT.

Mr. Charbonneau indicated that the building front will remain the same.  One end of the building will have a removable window section for access of rolling in equipment and the other windows will remain the same.  Mr. Charbonneau explained the entrance that is planned for the sugar house.

D. Nickless inquired if there would be a change of “footprint” on the property.  Mr. Charbonneau indicated that there would be no changes, except for a section in the rear that is an add-on, and this section would be used to accommodate maple sugaring equipment.  Mr. Charbonneau indicated that there are some drainage issues in the whole building area.  Mr. Charbonneau indicated that there is a full basement.

Mr. Charbonneau indicated that the same sign posts would be used, and the sign details are included on the permit, as discussed with A. Loomis.  Mr. Charbonneau indicated that there would be extensive cleaning of the brush on the property.

A. Loomis indicated that the Agricultural Exemption was discussed and reviewed by the State of Vermont.  The results indicated that the retail portion of the building could not be considered exempt, however, the maple sugar house would be considered Agricultural.

Mr. Charbonneau explained that the sugar house would have a glass enclosure and tours would be able to be conducted safely.

D. Nickless inquired if there would be any issues with parking.  A. Loomis indicated that there is plenty of parking on the existing lot.

A. Loomis indicated that there would be roughly 1 – 3 employees at this property.  A. Loomis inquired what the business hours would cover.  Mr. Charbonneau indicated that the hours, during the off season would be by appointment, and the hours from November through approximately April 15 would be 8:00 AM – 5:00 PM.

D. Nickless inquired if there were any issues with any abutters.  A. Loomis indicated that all abutters were notified and none expressed any concerns.

Motion by K. Brown and seconded by T. Konwin to approve this application as presented.  Passed unanimously 3 – 0.

The next meeting will be held on December 17 at 7:00 PM.

Meeting adjourned at 7:56 PM

Respectfully Submitted

Kelly Giard, Recording Secretary

Don Nickless, Chair

Thor Konwin, Vice Chair

Kathryn Brown

D. Nickless, Chair, called the meeting to order at 7:00 PM.

Town Plan Public Hearing:

D. Nickless asked the public for comments with regard to the proposed Town Plan.

A. Hitchcock expressed the following comments:

• Recommended working closer with OMYA to encourage business growth and with other local business such as local graphic artists
• Inquired why the loss of seasonal residences and inquired if this was happening in other towns
• To consider incorporating pedestrian and bike paths and clearly marking these paths
• Inquired why a section concerning ancient roads was not included
• Noted that the Water & Sewer situation is changing continually.  There is an abundant capacity in the water system and that the sewer system will be undergoing several changes.

E. Frost inquired if the ancient roads could be considered for the biking/hiking trails.  J. Haverstock will research this topic with Mr. Frost.

J. Gagnon stated that Chittenden may have some information and input with regard to the Ancient Roads.  B. Paynter indicated that Peg Flory may also have some information with regard to this topic.

Carolyn Schwalbe indicated that Mendon has a Park & Ride program in place, which may be included within the Energy Section.  Ms. Schwalbe indicated that there may be some grant funding available to assist with such a program.

J. Gagnon inquired if there was a way to tell what changes had been made to the Town Plan.  D. Nickless indicated that each and every section has undergone some change, thus, it is difficult to highlight the changes.

Meeting adjourned at 7:30 PM

Respectfully Submitted

Kelly Giard, Recording Secretary

Don Nickless, Chair

Thor Konwin, Vice Chair

Kathryn Brown