Pittsford Planning Commission Special Meeting
May 12, 2016
Board Members Present: David Soulia, Chuck Charbonneau, Kevin Blow, Dave Mills, Mark Winslow, Rick Conway, Colleen Hobbs
Board Members Absent:
Also in Attendance: Jeff Biasuzzi – Zoning Administrator, Hank Pelkey, Bruce Paynter
1. Call to order
The meeting was called to order at 7:05PM by David Soulia – Chair.
2. Approval of Agenda
A motion was made by Dave Mills and seconded by Mark Winslow to approve the agenda, as amended. The motion passed unanimously.
To move the Executive Session Items 5 and 6 to the end of the meeting.
3. Approval of Minutes
A motion was made by Dave Mills and seconded by Mark Winslow to approve of the meeting minutes of March 24, 2016, March 31, 2016 and April 28, 2016, as amended. The motion passed unanimously.
April 28, 2016 minutes – correction to Executive Session motion to include: for the purpose of discussing personnel matters.
4. Public Comments
Bruce Paynter stated the changes that have occurred in the Planning Commission personnel are fantastic. It makes him realize that the overall change of attitude is very encouraging.
5. Finalize Zoning Changes
David Soulia noted he had emailed the zoning change list document to the board members and asked if everyone was good with the verbiage for lot line adjustment and simple parceling. Everyone was in agreement with the wording. Mr. Soulia stated the last item for discussion is the Route 7 change. As far as changing Route 3 from Rural Commercial to Commercial this would not be a problem, however, there would be an issue with changing Route 7 North back to Commercial. The Planning Commission could make the change to the Zoning Map, however, the Future Land Use Map that is part of the Town Plan, guides the Zoning regulations. The Future Land Use Map would not coincide with the Zoning Map and would be cause for denial of an Act 250 application if one was required, due to the difference in the Future Land Use Map that is connected to the Town Plan. He noted as much as the Planning Commission wants to change Route 7 to Commercial right now, it was recommended by the Regional Planning Commission to drop that change at the current time in order to get the Zoning Ordinance approved. Since Route 3 is Rural Commercial, Ed Bove of the Regional Planning Commission indicated it should not be an issue, however currently Route 7 North is Rural. The Planning Commission will begin addressing the Town Plan in two weeks and a change to Route 7 North can be worked on at that time. Rick Conway reiterated that any changes to the map would not conform to the Town Plan and should not be done. There was prior discussion of the maps with Regional Planning, and there were no maps found. For the record, Mr. Conway noted the Pittsford Town Plan does not contain the Future Land Use Map. He has certified copies and he brought this point up at a prior meeting. In looking at the table of contents, there is no mention of land use maps. The Town Plan from 2010 has the maps attached. In going to the town’s website, one will find the pdf file has no town maps with the Town Plan. This was all discussed in January and Mr. Conway thought the Planning Commission was set to go. He stated there was a motion made by Mark Winslow and seconded by Kevin Blow to deal with it later. In looking at the Town Plan Land Use Map dated 2009, the particular map says it is not a legal document. The map has a designation RRPC/Pittsford/Maps and Projects and Mr. Conway asked why the Regional Planning did not have the maps. Mr. Conway noted there have been issues with the maps and this should stop. He noted he has chaired the Planning Commission and has been Vice-Chair of the Zoning Board and he noted concern with all of the changes. Mr. Conway stated the Town Plan talks about a Rural Commercial District, but this is not going to exist in the zoning. After reviewing what he has seen, Mr. Conway stated the issue of Route 3 is just as glaring an issue with the Town Plan as Route 7 North. Mr. Conway suggested the Planning Commission is bogged down with this and the maps need to be left alone currently in order to do them properly. The Commission cannot rely on Regional Planning. The Commission has a map that is dated 2009. He has never heard of rescinding a Town Plan and the past Chairman indicated that there were two members who were considering repealing the Town Plan, which he would not go along with. Dave Mills agreed with Mr. Conway, but noted this was not something done by the current Planning Commission. This is an issue and there has been discussion of getting it straightened out. There were drafts of plans that were not marked draft that were distributed and there needs to be clarification of the proper documents at the Town Office. David Soulia asked if there is an official Future Land Use Map and Jeff Biasuzzi stated he is not sure if the maps are in the vault or in storage, but he does not have any additional information regarding the land use map. Mr. Biasuzzi stated sometimes the maps do not get the same attention as the verbiage of an ordinance, as he has seen this happen in other towns. It was noted that Steve Shield was Mr. Soulia’s contact at the Regional Planning office regarding the maps. Mr. Conway suggested removing any changes to the map as there is no indication of maps in the 2012 Town Plan, but there is in the 2010 version. Mr. Conway also noted in prior Select Board minutes he located, there was also an interim Town Plan and some of the maps are likely a take-off. Mr. Conway suggested that the maps be addressed in the future. Dave Mills clarified that Mr. Conway proposed to continue with the existing 2013 Zoning Map and make no changes. Mr. Mills noted this is why in the future maps will have signatures. David Soulia stated at the urging of a concerned family, there was consideration to change Route 3, as the previous change was not done properly. Mr. Soulia provided the Planning Commission members a copy of the Future Land Use Map received from Regional Planning and noted he received more information from Mr. Bove concerning the Act 250 process relating to the maps. Mr. Bove advised the Future Land Use Map is part of the Town Plan and Mr. Bove stated Route 3 should not be an issue, but Route 7 would be. Mr. Soulia noted he does not have a problem going either way. Chuck Charbonneau asked if it is legal to do this, regardless of what Regional Planning has indicated. Mr. Conway noted there needs to be assurance that the Town Plan currently being distributed does not contain those maps until it is determined that they are supposed to be there. Mark Winslow stated what is most important is that it is done right. If there is a concern, the Planning Commission needs to make sure it is done right to clarify any issues. Mr. Mills stated the current Zoning Map has Route 3 as Rural Commercial and the Town Plan speaks of Rural Commercial. Mr. Conway provided a certified copy of the 2012 Town Plan that indicated the area of Route 3 is Rural Commercial. Mr. Mills noted concern that Mr. Carter addressed the Planning Commission regarding this change and stated it seems to be a waste of time to not do anything. Mr. Mills questioned if changing a portion of Route 3 to Commercial would satisfy Mr. Carter’s request. Mr. Soulia stated the maps the Planning Commission has been talking about are Zoning Maps; however, Regional Planning provided him clarification on the Future Land Use Map, which he had not heard of before. He feels with some degree of confidence that the Regional Commission is knowledgeable and Mr. Bove had indicated that Route 3 would not be an issue, but Route 7 would be an issue. Mr. Conway expressed concern that there is preferential treatment for the people on Route 3 and the land use map is not reliable, as it indicates that it is not a legal document. Mr. Biasuzzi stated the focus has been on the Zoning Ordinance and the reason the Future Land Use Map has not been mentioned is because it is tied to the Town Plan. The Zoning Ordinance is the legislative piece and the Town Plan is a guidance piece. There could be an issue if the Zoning Ordinance is changed and the Town Plan is not changed. Dave Mills stated we are talking about changing the Zoning Map that is tied to the zoning regulations, not the Future Land Use Map. As far as Route 7 goes, none of the people on Route 7 have asked to change the designation on Route 7, but there has been a request to change the Route 3 designation. Since there have been no requests, Mr. Mills thought this is a moot issue. Kevin Blow stated Mr. Rasmussen and another family had asked for clarification of the designation for Route 7 North. Chuck Charbonneau did not feel that the past months in reviewing the potential change in designations for Route 3 and Route 7 has been a waste of time, as the Commission has attempted to do what they could for the property owners. The Commission did what it was elected to do in trying to do the best for the townspeople and Mr. Charbonneau did not think that the Carters would have a problem with it taking a little longer to accomplish this change. Mr. Charbonneau recommended leaving the map alone and moving forward with the Zoning Ordinance, with the intent to clean up the issues with the maps in updating the Town Plan.
A motion was made by Dave Mills and seconded by Mark Winslow to rescind any changes made to the Town of Pittsford Zoning Map that were made since January 2016. The motion passed unanimously.
A motion was made by Dave Mills and seconded by Mark Winslow to rescind the removal of the Rural Commercial language in the Town of Pittsford Zoning Ordinance. The motion passed unanimously.
Mark Winslow stated the Planning Commission will revisit this map when the work on the Town Plan begins. It was recommended that the prior motion concerning the signing of maps be reiterated in light of removing all changes since January 2016.
A motion was made by Chuck Charbonneau and seconded by Mark Winslow that all future maps will be signed by the Town Clerk, a Selectman and/or the Chairman of the Planning Commission and included in the Table of Contents. The motion passed unanimously.
Bruce Paynter asked for clarification of Route 7 North. It was noted that from Turners north, it is back to Rural and Route 3 has been Rural Commercial. Route 7 used to be Commercial on the north and the south side and above Turners it changed to Rural according to the 2010 map. Rick Conway stated the previous Planning Commission tried to amend the Zoning Map to eliminate all Commercial districts. Mr. Paynter stated the conclusion he comes to is that the previous versions are too confusing and suggested getting a fresh start in doing the Town Plan as he did not think that anything will ever get straightened out. Chuck Charbonneau asked if the Town Zoning Map mirrors the Town Plan Map. David Soulia stated the map that the Planning Commission was going to edit will be the one sent to the Select Board to officially adopt, as after research it appears to provide the most accurate information. Rick Conway noted the map that is in the Town Clerk’s office should be the official map. Mark Winslow requested clarification of which map will be used and it was noted that the map is currently dated 2010. The date will be changed to 2016 when submitted to the Select Board for approval.
A motion was made by Mark Winslow and seconded by Kevin Blow to submit the 2010 Zoning Map to the Select Board for their approval as the official 2016 Zoning Map. The motion passed unanimously.
David Soulia noted he will include the original map in the zoning regulations and will be putting back all references to Rural Commercial.
A motion was made by Dave Mills and seconded by Rick Conway to accept all changes to the Zoning Ordinance and the adoption of the 2010 map as the official map of the zoning regulations. The motion passed unanimously.
6. Schedule Zoning Changes Filings and Hearing Dates, Time and Location
Jeff Biasuzzi provided the Planning Commission an implementation guide that had the recommended checklist and information regarding statutory references for the adoption process. This information would provide timelines and the individuals to be notified. David Soulia noted the biggest part is providing the documentation to the required parties 30 days prior to the first hearing. Mr. Biasuzzi noted he could do the mailings once the documentation is completed. It was a decision of the Commission to schedule the hearing for June 30th.
A motion was made by Dave Mills and seconded by Mark Winslow to hold the public hearing on the proposed zoning changes on June 30, 2016 @ 7:00PM. The motion passed unanimously.
David Soulia stated the draft information will be available at the Town Office as of tomorrow and Mr. Soulia will email the Planning Commission members a copy of the changes. Rick Conway stated regarding the Zoning Ordinance adoption, the statute provides details on the process. Jeff Biasuzzi noted there is a form letter that can be used pursuant to VSA 4441. Mr. Conway asked the Zoning Administrator to request a copy of the letter. It was noted the letter and document has to be mailed to the Executive Director of the Regional Planning Commission, the Department of Housing and Community Affairs and the abutting town’s Planning Commission chairs.
David Soulia stated the Planning Commission needs to discuss the Flood Plain attachment information. Mr. Soulia suggested update of the language from Administrative Officer to Zoning Administrator and a change from Board of Adjustment to Zoning Board of Adjustment, with the remainder of the document staying the same. Mr. Soulia noted the flood plain regulations are different from the zoning regulations and suggested the Commission is not familiar enough with the regulations to make changes other than updating the names as a housekeeping measure. Rick Conway noted he had reviewed the document per the Chair’s request and stated there were several recommendations he would make that included updating the date from June 2011 date to June 2016. Additional changes included recommendations to Section 5a regarding fill on Page 4 and changes regarding RV’s on Page 8. Mr. Mills expressed concern with changes regarding wetlands. Jeff Biasuzzi stated wetlands and flood plains are two different things. Mr. Biasuzzi noted this is a very complicated thing that goes according to state and federal regulations and he is not sure if the Planning Commission would want to make changes. Mr. Soulia stated this has to be part of the zoning regulations and the Regional Commission provided him a copy and he updated the language regarding names only.
A motion by Dave Mills and seconded by Mark Winslow to make no additional changes to Attachment A, Flood Plain Regulations, except for the name changes.
Rick Conway stated he spent a lot of time reviewing this document at the Chair’s request and noted that it is disrespectful to not consider the suggestions made. David Soulia noted the Commission does not know enough about the subject to make changes.
The motion passed with 4 “yes” and 3 “no” votes.
Dave Mills noted this is also something that can be reviewed in the future.
Mr. Soulia requested assistance with the remainder of the Zoning Ordinance process and Kevin Blow and Dave Mills offered to assist the Board Chair with the changes. Jeff Biasuzzi will assist with the notification to the required parties. Mr. Soulia confirmed the public hearing has been scheduled, notifications will be sent, and further discussion will take place regarding flood plain regulations.
7. Schedule Next Meeting/Hearing Date, Time and location
May 26, 2016 Planning Commission meeting – Rula Moradi Presentation
A motion was made by Mark Winslow and seconded by Colleen Hobbs to enter into executive session at 8:40PM for the purpose of discussing a personnel matter to include Hank Pelkey. The motion passed unanimously.
8. Executive Session
The Committee came out of Executive Session at 9:24PM. There were no actions required.
A motion was made by Kevin Blow and seconded by Dave Mills to adjourn the Planning Commission meeting at 9:25PM. The motion passed unanimously.