BARRETOWN PLANNING COMMISSION
MINUTES FOR APRIL 26, 2006
The Barre Town Planning Commission held a special meeting on Wednesday, April 26, 2006 at 7:07 p.m. at the Municipal Offices, Websterville, Vermont.
Members Present:
Mark Nicholson, Chair Cedric Sanborn
Therese Ackerman Harry (Marty) Miller
Charlie Thygesen Ernest (Skip) Bancroft
Others Present:
Brian Bailey Gordon Booth
Barry Stryker Henri Dessureau
Staff Present:
Chris Violette, Planning Officer
Heidi Bennett, Board Clerk
A. APPROVAL OF MINUTES:
On a motion by Mr. Sanborn, seconded by Mr. Miller, the Board voted to approve the minutes from the April 5, 2006 special Planning Commission meeting.
B. WARNED PUBLIC MEETING – ZONING BYLAW
1. Continue review of the proposed new zoning bylaw.
Chris went through the index and gave a small description of what is going to be found in each section.
Chris stated that one thing that we have in our bylaw that you are not likely to find in any other bylaw is Section 7.3 – Building Permits. We call our construction/zoning permits – building permits. A lot of Town’s call their building permits – construction permits. Those are most commonly found in town’s that have codes.
Definitions are the most important item that you can have in a bylaw.
Section 1.1 – Enactment
Required language
Section 1.2 – Purpose
Required language
Section 1.3 – Application
Required language
Section 1.4 – Interpretation
Required language
Section 1.5 – Amendments and Repeal
Therese recommended that boundary adjustments be changed to zone change
Cedric asked about the list of criteria that had to be addressed when a change was request. Chris stated that there isn’t a criteria that needs to be followed, the applicant needs to submit in writing the request for change and the reason why. Cedric remembers 5 or 6 items that needed to be addressed by the applicant before the Planning Commission approved a zone change. Chris stated that there isn’t anything in Statute that refers to any type of criteria. Chris believes that the Planning Commission is required to put forth a report and the information usually comes from the applicant.
*Chris will check for any reference to a list of requirements for a zone change*
Section 1.6 – Effective Date
Required language
Section 1.7 – Severability
Required language
Table 1.1 – Municipal Permits and approval
Chris felt this is something that can be used by the people, informing the residents of where to get a permit from and whether one is required.
Section 2.2 – Purpose Statement
The purpose statements were written to describe each of the zoning districts. Due to some changes made at the end of the Zoning Re-write work, some of the purpose statements will need to be accurate and should be looked at.
Medium, high and very high density residential is equivalent to what is currently used as Residential A, B and C.
Low & Medium Density Residential has the requirement that septic systems but be maintained entirely on its lot.
Cedric feels that there are too many zones with 13.
The Earth Resource Extraction is going to be the areas of the quarries and the gravel pits.
The Committee decided that East Barre had its own special zoning. The Committee felt that East Barre needed 2 zones to reflect the layout of East Barre. The Committee originally had East Barre Residential and East Barre Commercial, however in the end the Committee decided on EastBarreVillage. East Barre needs to be defined as to what it is going to be.
Cedric questioned the size of the lot, feels that 15 acres is too large. Skip stated that you need to have the ability to allow this type of use by conditional use, shouldn’t limit people who are willing to fight the fight. Charlie stated that you should not have to have 15 acres for a slate quarry. Cedric said that earth extraction should be a soil adventure in an agricultural zone. Charlie stated that if someone with 5 acres wants to import from another town, they shouldn’t be limited when there is a need for this commodity. Chris stated that they could keep the Earth Resource Extraction Zone for what is currently there but expand section 4.9 by allowing resource extraction in all zones except Very High Density Residential and High Density Residential.
Charlie asked that EastBarreVillageCenter be discussed again. Chris stated that when the Committee went through the Town section by section, they had already established these different zones. When they got to East Barre, it posed a unique situation. Unlike any other village other then South Barre, East Barre had a real mix of commercial and residential. I believe the committee felt that they could not place East Barre in any of the other zones and felt that East Barre deserved its own zone because of its uniqueness. Mark stated that East Barre is unique and that the committee did not want to create any non-conforming lots. Charlie would like to revisit the zoning of East Barre.
Cedric stated that he understands the concept of keeping the pastoral view and the open land but once you break it up and put houses there, it is gone forever. Cedric stated that he has issues with the Agriculture Overlay. Chris stated that you can have a 2-acre lot in this zone, but you have to show the Board that the land is not farmable. Charlie asked why we even need the Ag. Overlay. Chris stated that the Committee felt that if someone wanted to farm, then land would be available. Charlie said there is nothing wrong the way it is now, do not take away people’s rights to their land, this is where they can cash in for retirement. If a person chosen to sell his land, who are we to say they cannot sell their land. Skip stated that he loves open land, but feels that people have the right to subdivide their land. It is a hard call because of the old farms; but to intrude on someone’s land is unfortunate. Cedric stated that the pastoral scene is what makes Vermont, Vermont. But there is a cost to keep it there, so if you tell someone that they cannot develop their land they are paying full cost and I like the way it is with 2-acres, unless the Town or State is willing to pony up the money to keep the land open.
Brian Bailey stated that the Ag. Overlay looks like it was done with spot zoning. Gordon Booth pointed out that in South Barre; you have Booth Bros. and Bond Auto in the Ag. Overlay zone, which will stifle any expansions that they want to do. This is a huge mistake, they employ hundreds of people and I would want to think that the Town would want to keep them here.
*Define/add EastBarreVillage*
*Look at purpose statements*
*Check definition of Agriculture Overlay*
Section 2.3 – Interpretations of Zoning Districts
Definitions and standard language
Section 2.4 – Application of District Standards
Definitions and standard language
Cedric doesn’t agree with removing the Planning Commission from making decisions about whether or not a “business” could move to a particular area. Cedric stated that as of right now, we can look at the situation and determine what is in the best interest of the Town. By removing the Planning Commission from making those decisions, it could be limiting our resources. Chris stated he would talk to Burnt Rock regarding this issue.
*Add “conditional” to item C*
*Talk to Burnt Rock regarding item D*
Section 2.5
Table 2.1
This table is broken down by zones and by uses. The P represents a permitted use in that zone. The C represents conditional use, which would require approval from the Development Review Board. If the column is left blank, the use is not allowed in that zone.
Table 2.2
Cedric stated that according to this table Low & Medium Density Residential have the same requirements. Chris stated that originally, the LDR was a 7 acres minimum and the committee changed it and decided to let the Planning Commission make the determination. Cedric feels that it should be one zone. Therese stated that she feels it is premature to combine them without having a discussion on whether or not we want to have a rural district with more then 2 acres.
Cedric stated that according to this table we have an Office Building Business and an Office Building Retail both with the same lot sizes. Chris stated the biggest difference is the use differences. Some uses are allowed in one district while not allowed in another. The committee looked at businesses; and what type of traffic flow they would generate. Example: The Industrial Park is zoned Commercial and proposed to be zoned Office Business, less traffic. Chris does not think you will find a tremendous amount of Office Business on the map; it is primarily the Industrial Park.
Cedric would like to see that East Barre Residential listed as Very High Residential. Therese believes there are uses that are different from Very High Residential.
Skip stated that the word “Minimum” should be added to each column to avoid confusion. Chris stated we could move “Minimum” to the title block so that each column did not have the word minimum, since all are listed as minimums.
Cedric stated that by adding the word minimum to the overall chart, it would help with the Overall Development, especially when dealing with rights-of-ways. Chris stated that new in this bylaw is the Overall Development cannot exceed the listed percentage, whereas before the ordinance only stated the building could not exceed the listed percentage. Chris stated that if the Planning Commission wants to include rights-of-ways, it needs to be defined in the definition section. Cedric stated that he was in favor of this! Chris pointed out that the percentages listed are the percentages used for today, which only counts for buildings, should the percentages be increased? Cedric said some samples so the Planning Commission can see what the percentage will be with a house, driveway, etc…
Charlie stated that he does not believe that in the Town of Barre; that there is 500’ of current or available road frontage for Earth Resource Extraction. Charlie stated that why would you want 500’ of frontage when this is something that should be back off the road, you do not’ want to encourage satellite development in that 500’ (i.e., truck scales). Chris does not remember for sure, as to why the Committee settled on 500’ of frontage. Mark stated that Charlie’s point is well taken, the gravel pit in South Barre only has about 50-100’ of frontage onto Route 14. Charlie feels that 100’ of frontage for 15 acres is adequate; get them away from the main road; away from any residential inhabitants; add some stipulations of sound proofing (i.e. trees). Skip stated that he is less concerned with the 500’, he is more concerned that there is a need for gravel and for someone to actually find 500’ of frontage and be able to afford to be able to get the land. We need to utilize our resources; the frontage needs to be less so we can have the possibilities of an active gravel pit.
The board agreed to change the minimum road frontage requirement from 500’ to 100’ for Earth Resource Extraction.
*Look over the difference between OfficeBuildingBusiness & OfficeBuilding Retail*
*Compare the uses allowed in East Barre Residential with Very High Residential*
*Move “Minimum” to the title block*
*Define rights-of-ways in regards to Overall Development*
*Change Earth Resource Extraction road frontage to 100’*
*Change definition of on-site septic to include any rights-of-ways and easement. Change the word maintained to sited.*
Section 2.6 – Agricultural (Overlay) District Standards
*Add the word “exceed” to the paragraph*
Section 4.9 – Extraction and Quarrying
* Expand section 4.9 by allowing resource extraction in all zones except Very High Density Residential and High Density Residential*
D. ADJOURN:
On a motion by Mr. Sanborn, seconded by Mr. Bancroft, the Board voted to adjourn the special Planning Commission meeting of April 26, 2006 at 9:15 p.m.
Next meeting: May 3, 2006 – 7:00 p.m.