Meeting Minutes : 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.




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