Planning Commission 8-10-09

TOWN OF WEATHERSFIELD, VERMONT PLANNING COMMISSION Monday, August 10, 2009 I.              Introductions: Commission members present were Bruce Cox, Michael Todd, Ed Williams, Chris Charest, and deForest Bearse (Land Use Administrator). The audience members present were Roy Mark, Lillian Dunn, Jim Pellerin, and Bill Lawrence. Bruce Cox called the meeting to order at 7:00. II.            Approval of Minutes: Meeting of July 13, 2009 Ed Williams made a motion to approve the minutes of July 13, 2009 as corrected.   Chris Charest seconded it.  All were unanimous. III.           Review Meeting Agenda – additions, corrections deForest Bearse had a few items for other business. IV.                 Public Hearings: None V.                   Requests/Reviews: (A)    Sketch plan review #07.2309A by Roy Mark for a 2 lot subdivision at 6 Stokes Road Ed Williams read the letter from the Conservation Commission dated August 4, 2009. Roy Mark would like to subdivide his property so that his daughter could build on the other lot sometime.  Lot 1 has 10.39 acres and Lot 2 has 11.61 acres.  There is a Class II wetland on Lot 1 and a stream on Lot 2 that goes to the pond on Lot 1.  Power will come up the right of way on poles.  It was logged 3 to 4 years ago.  There is a log road that goes up there now.  Roy mark had the State come out about a year ago and look at his proposed driveway to make sure it did not interfere with the wetlands.  The State gave their approval for this new driveway and wrote a letter.  The State said they would send a copy of the letter to the town clerk.  deForest Bearse does not have this letter in her file and will check with the town clerk. The Commission went over the checklist.  The Commission would like a letter from the fire department; show abutting landowners; locate existing power poles by right of way; note to low risk handbook; show stream that driveway will cross and culvert that will be required; show setbacks; map soils 19C, 25C, and 30B; show and calculate areas of coverage including buildings, driveways, garages, etc. within each to show that built areas does not exceed 10% of the total area of agricultural soils; new approval template put on the sheet; give a bearing between the two lots; and show replacement septic on Lot 2. Ed Williams made a motion to classify Roy Mark #07.2309A subdivision survey drawing by DiBernardo Associates LLC dated 11/29/07 #88-1479-2 as a minor subdivision.  Michael Todd seconded it.  All were unanimous. (B) Sketch plan review #07.2809 by Jim Pellerin for a 2 lot subdivision at 1098 Roberts Road Michael Todd and Ed Williams both know Jim Pellerin, but feel that they will be impartial.  Ed Williams read the Conservation Commission letter dated 8/6/09. There is statewide soil on both lots. Jim Pellerin would like to give his son land to build a home.  Lot 1 has 7.81 acres and Lot 2 has 4.08.  There have been no test pits done.  Jim Pellerin said that Westley Hazeltine came up and looked at the access for the driveway and said it was fine. The Commission went over the checklist.  They would like a driveway access permit; a building envelope put on the plan; note all construction will comply with low risk handbook; show average slopes separately; calculate out total area of agricultural soil on each lot and then calculate area of existing driveway, house, garage, etc. to show it is less than 10% of agricultural soil in Lot 1; calculate out area of coverage in Lot 2 that is does not exceed 10% of agricultural soil in Lot 2, new approval template put on the sheet; and file for State wastewater septic permits. Ed Williams made a motion to classify Jim Pellerin #07.2809 subdivision survey drawing by Lawrence Associates dated 10/10/09 #JN0109 as a minor subdivision.  Michael Todd seconded it.  All were unanimous. VI.                 Discussions: (A)    Self storage units (B)     Section 6.10.10 (steep slopes & high elevations) (C)     Fences VII.          Other Business The present Commission members signed the Rules of Procedures.  They reviewed the proposed draft grant for the Exit 8 interchange to be added to Town Plan. deForest Bearse gave the Commission zoning conformance with 2011 to look over. Ed Williams made a motion to send a letter to Act 250 District 2 Environmental Commission that the Planning Commission discussed the Riley Drive appeal and there is nothing in the record that appears that indicated that we have standing.  Michael Todd seconded it.  All were unanimous. deForest Bearse informed the Commission that the Town Manager needs a motion to have the town attorney attend a Planning Commission meeting before they contact the town lawyer in regards to definitions for should and shall.  Michael Todd said that the Bylaws should reflect open dialogue and be consistent with the Town Plan.  He recognizes that there are areas that they need to say no to, but allow dialogue to occur and common sense so it is not so black and white, as long as it meets the Bylaws.  Ed Williams made a motion that the Town Manager have the town attorney present at the September 28, 2009 meeting to discuss shall and should in the context of environmental appeals.  Chris Charest seconded it.  All were unanimous.  The Commission members will each come up with a list of legal questions for the town attorney prior to September 28th and invite the Zoning Board to participate or submit questions. VIII.        Public Comment: There were none. XI.           Adjournment: Ed Williams made a motion to adjourn at 9:40.  Chris Charest seconded it.  All were unanimous to adjourn. Respectfully submitted, Diana Day