November 10, 2010
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
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Don Nickless, Chair
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Thor Konwin, Vice Chair
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Trish Lewis