I. Roll Call:
Commission members present were Bruce Cox, Peter Daniels, Ed Williams, Michael Todd, Gil Whittemore, and deForest Bearse (Land Use Administrator).

The audience members present were Louisa Todd, Harrison Todd, Debbie Graham, Keith Graham, David Gulbrandsen, Mike Tillman, John Berlenbach, Chris Charest, Josh Compo, James Graham, Roy Mark, Tara Todd, Lynda Spurr, Jeff Spurr, Dan Willey, Bart Mair, Ted Goddard, Steven Aikenhead, Michael Schmitz, Julia Schmitz, Sandra Conant, Carl Wyman, Roger Cawvey, Willis Wood, David Fuller, Bruce Murray, Chris Callahan, Tom Kennedy, Jason Rasmussen, Graham Hunter II, Edith Hunter, Edith Stillson, Chip Cobb, John Arrison, Maddie Napsey, and Douglas Napsey.

Bruce Cox called the meeting to order at 7:00.

II. Review Meeting Agenda - additions, corrections
There were none.

III. Approval of Minutes: September 28, 2009 and November 23, 2009
Ed Williams made a motion to move approval of minutes to the end of the meeting. Gil Whittemore seconded it. All were unanimous.

Ed Williams made a motion to accept the minutes of September 28, 2009 as written. Michael Todd seconded it. Ed Williams, Michael Todd, and Bruce Cox voted in the affirmative. Gil Whittemore and Peter Daniels abstained.

Peter Daniels made a motion to accept the minutes of November 23, 2009 as corrected. Michael Todd seconded it. Peter Daniels, Michael Todd, and Bruce Cox voted in the affirmative. Gil Whittemore and Ed Williams abstained.

IV. Public Hearing:
(A) Petitioned request for the repeal of the zoning bylaws
(B) Petitioned request for the repeal of the subdivision regulations
Bruce Cox opened the hearings at 7:05 by reading the notices of public hearings. Bruce Cox had received two e-mails from two registered voters. He read Alan Hudson's e-mail. Steve Aikenhead was present to discuss the e-mail that he had sent.
Jeff Spurr asked about the hand out in regards to the benefits of zoning. deForest Bearse made copies of this hand out for the Commission members. She said that she was asked by a Select Board member to present factual information in regards to the pros and cons to zoning. Bruce Murray asked that the hand out be removed. Bruce Cox stated that the only thing being addressed is information for the report.
Ed Williams read the Planning Commission's report form for Municipal Bylaw Amendments. He stated that the Commission needs to do a preliminary report as required by the State. It is not the final report. He stated for the record that there are areas of the petition that comply with the Town Plan and areas that do not. He said that there is some dissatisfaction with the Town's zoning.
Carl Wyman mentioned that Hartland and Cavendish do not have zoning. He wanted to know if anyone knew of zoning problems in those two towns. Tom Kennedy said that he lives in Hartland and is on the Regional Planning Commission. Hartland had a study done and is having more sprawl development there. Since there are no regulations for affordable housing, the housing prices are 50% higher and the taxes are higher too. Cavendish has not had a lot of development. Their Planning Commission is strong in Act 250 and people have to go to the town manager to discuss what they are planning to do. Weathersfield is different because it is on the interstate. Hartland bought all the property rights on the land around the interstate. There are no lot size requirements in Hartland. There are mainly large size lots which makes it unaffordable to a lot of people. A developer is looking for certainty. He/she wants to know what he/she has to do. When there are no regulations, it is left to the Planning Commission.
Ed Williams said that there is some concern that landowners find it difficult in Weathersfield to do what they want to with their own land. There is a gap where people believe that we have zoning where they cannot do what they want to do with their land. Willis Wood mentioned that he gave 5 acres of his 170 acres to his daughter. He went through the subdivision and zoning process which was not difficult. He had to plan ahead for the permitting process and be patient.
Tom Kennedy said that the Planning Commission is trying to implement the Town Plan. One problem is to try and to create housing so that our children can live in their hometown. David Fuller said that without zoning, it is not protected and not preserved. Jeff Spurr said that without zoning for 100 acres, it would go to Act 250. It could take years to develop a 100 acre parcel.
Edith Hunter stated that in 1969, I-91 had just opened up. The town had started to get developed and the Town Plan was written. In 1971-74, the Zoning Bylaws were adopted. It has been going fine for 25 years, don't spoil it. Jeff Spurr said that most children are moving out of Weathersfield due to jobs. It shows a decline in school enrollment. The town needs facilities to attract people. Ed Williams asked if that is a result of zoning and subdivision. Jeff Spurr said that it is stopping businesses and allowing people to give land to their children.
Bruce Murray is concerned with the process. He wanted to know what could delay the petition for the ballot. Bruce Cox said that the Commission will take and revise the reports. The reports get sent to the Select Board and they will hold a public hearing.
Graham Hunter said that it was his understanding that the petition is to eliminate zoning and subdivision regulations on March 11, 2010. There are provisions in the Zoning Bylaws in regards to flood plains. If there are no regulations, there are going to be problems for property owners who have flood insurance. He does not feel that there is enough discussion about what would be lost. People need to understand the significance of this.
Gil Whittemore said that the Agency of Natural Resources has come up with a model. The Planning Commission has no input as to how the Town's people vote. The federal regulations do give you a 30 day notice. He suggested a two year delay. He knows that people are unhappy and want it to move a little faster. Tom Kennedy said that it would take 90 days minimum for flood regulations to be separate. The Commission would need to do a hearing, the State reviews the regulations, then the Select Board, and then back to the Commission. It is creating a whole new document.
Ed Williams said that the Commission is working on a survey to go to the town's people. The Commission has revised subdivision regulations. A considerable number of people have created this petition. The Commission will do what it can to make sure that it is on the ballot.
Jeff Spurr said that it was not their intent to make anyone lose flood insurance. There are 54 towns in Vermont without zoning. Keith Graham said he is here to see that it is put on the ballot. People can look for their own information in regards to zoning. Lynda Spurr said she would like to see Weathersfield be the 55th town.
Gil Whittemore reminded everyone that the Commission is doing this for the report to be issued. It is not their role tonight to come up with the pros and cons.
Steve Aikenhead said that the Town Plan is excellent and hopes that the petition does not conform. Dan Willey said that he does not think the Town Plan reflects what is happening in the Town. He would like to eliminate zoning to go along with the Town Plan. Bruce Cox said that the Planning Commission is currently rewriting the Town Plan. It is a guidance document.
Ted Goddard said that zoning is not perfect, but he does not want to see it thrown out completely. People could have their mortgages recalled. People need to think carefully about what it will do. He mentioned how someone tonight said that if Weathersfield does not have zoning, there would be more businesses. Cavendish does not have zoning, how come they do not have more business.
Ed Williams mentioned how the Commission has made changes to some bylaws to help property owners. It takes patience and time. Some people feel that it is broken beyond repair. Peter Daniels said that there was a problem with self storage units in highway commercial. The Commission looked at it, went through the public hearing process, and now it is allowed in highway commercial. It does not take centuries to change the bylaws, but it does take time. Everyone here has an opinion, but no one comes to tell us any of the changes that they would like.
Jeff Spurr said that there was nothing in zoning to say one way or another for self storage units. He applied for it, but was denied. He hired a lawyer and was denied. It has been two years doing this and he has decided to withdraw it. He spent over $10, 000 on it. He asked why the Commission did not think of it 2 years ago.
Michael Todd asked how many in the audience had attended any of the meetings on subdivision regulations. A couple of people raised their hands. The Zoning Bylaws need your input. Currently, the input for them comes from Jason Rasmussen, deForest Bearse, Title 24, and the Planning Commission.
Graham Hunter stated that as a registered voter and chair of the ZBA, he believes that our Zoning Bylaws and subdivision regulations are an important part of our Town Plan. They are a necessary component to implementation of the Town Plan.
Gil Whittemore is impressed with how thoughtful everyone has been tonight. Peter Daniels said that the Commission thinks about balancing property rights and protecting areas. The fees for permits are set by the Select Board. Chris Callahan said that Act 250 is State appointed officials from Vernon to Windsor for this area. It is not local control.
David Fuller thought that it is a ballot issue. He did not think about flood control. He felt it would not be fair to keep it off the ballot. John Arrison said that the Commission needs to discuss what they are going to do. Bruce Cox said that it would be discussed in a deliberative session tonight.
Edith Hunter asked if according to the law this is what had to be done. Ed Williams said the question is does it conform or not as to what it will change. There are pros and cons for both sides. Gil Whittemore said that the Statute was not designed for this petition. The Commission cannot change the petition. Graham Hunter asked the Commission if they can change the wording on the report tonight. deForest Bearse said that the Commission may make revisions to the report after conclusion of the public hearing.
Bruce Murray wanted someone to do a power point presentation at the town meeting in regards to the pros and cons of zoning. Chris Callahan said that people often say zoning is good for everybody, but me. There are reasons for rules.
Peter Daniels stated that the Commission conducts hearings, rewrites bylaws, subdivisions regulations and the Town Plan. The Commission has two meetings a month (the second and fourth Monday). Tara Todd asked the Commission how they are going to get input from the Town. She wanted to know if the Commission members will be going out to the public and why did it take this many years to get the public participation. John Arrison stated that it is the citizen's responsibility to come to the meetings. It is not up to the Commission members to drag them in for meetings.
Gil Whittemore made a motion to close the hearing at 9:00. Michael Todd seconded it. All were unanimous to close the hearing.

The Commission went into deliberative session at 9:10.

Gil Whittemore made a motion to accept the written reports regarding the petitioned proposals to repeal the Town's zoning bylaws and subdivision regulations as presented. Michael Todd seconded the motion. Gil Whittemore, Peter Daniels, Bruce Cox, and Michael Todd voted in the affirmative. Ed Williams voted nay.

Gil Whittemore asked that the reports be posted on the Town's website.

V. Public Comment:

There were none.

VI. Other Business:
TOWN OF WEATHERSFIELD, VERMONT
PLANNING COMMISSION
Monday, December 28, 2009

I. Roll Call:
Commission members present were Bruce Cox, Peter Daniels, Ed Williams, Michael Todd, Gil Whittemore, and deForest Bearse (Land Use Administrator).

The audience members present were Louisa Todd, Harrison Todd, Debbie Graham, Keith Graham, David Gulbrandsen, Mike Tillman, John Berlenbach, Chris Charest, Josh Compo, James Graham, Roy Mark, Tara Todd, Lynda Spurr, Jeff Spurr, Dan Willey, Bart Mair, Ted Goddard, Steven Aikenhead, Michael Schmitz, Julia Schmitz, Sandra Conant, Carl Wyman, Roger Cawvey, Willis Wood, David Fuller, Bruce Murray, Chris Callahan, Tom Kennedy, Jason Rasmussen, Graham Hunter II, Edith Hunter, Edith Stillson, Chip Cobb, John Arrison, Maddie Napsey, and Douglas Napsey.

Bruce Cox called the meeting to order at 7:00.

II. Review Meeting Agenda - additions, corrections
There were none.

III. Approval of Minutes: September 28, 2009 and November 23, 2009
Ed Williams made a motion to move approval of minutes to the end of the meeting. Gil Whittemore seconded it. All were unanimous.

Ed Williams made a motion to accept the minutes of September 28, 2009 as written. Michael Todd seconded it. Ed Williams, Michael Todd, and Bruce Cox voted in the affirmative. Gil Whittemore and Peter Daniels abstained.

Peter Daniels made a motion to accept the minutes of November 23, 2009 as corrected. Michael Todd seconded it. Peter Daniels, Michael Todd, and Bruce Cox voted in the affirmative. Gil Whittemore and Ed Williams abstained.

IV. Public Hearing:
(A) Petitioned request for the repeal of the zoning bylaws
(B) Petitioned request for the repeal of the subdivision regulations
Bruce Cox opened the hearings at 7:05 by reading the notices of public hearings. Bruce Cox had received two e-mails from two registered voters. He read Alan Hudson's e-mail. Steve Aikenhead was present to discuss the e-mail that he had sent.
Jeff Spurr asked about the hand out in regards to the benefits of zoning. deForest Bearse made copies of this hand out for the Commission members. She said that she was asked by a Select Board member to present factual information in regards to the pros and cons to zoning. Bruce Murray asked that the hand out be removed. Bruce Cox stated that the only thing being addressed is information for the report.
Ed Williams read the Planning Commission's report form for Municipal Bylaw Amendments. He stated that the Commission needs to do a preliminary report as required by the State. It is not the final report. He stated for the record that there are areas of the petition that comply with the Town Plan and areas that do not. He said that there is some dissatisfaction with the Town's zoning.
Carl Wyman mentioned that Hartland and Cavendish do not have zoning. He wanted to know if anyone knew of zoning problems in those two towns. Tom Kennedy said that he lives in Hartland and is on the Regional Planning Commission. Hartland had a study done and is having more sprawl development there. Since there are no regulations for affordable housing, the housing prices are 50% higher and the taxes are higher too. Cavendish has not had a lot of development. Their Planning Commission is strong in Act 250 and people have to go to the town manager to discuss what they are planning to do. Weathersfield is different because it is on the interstate. Hartland bought all the property rights on the land around the interstate. There are no lot size requirements in Hartland. There are mainly large size lots which makes it unaffordable to a lot of people. A developer is looking for certainty. He/she wants to know what he/she has to do. When there are no regulations, it is left to the Planning Commission.
Ed Williams said that there is some concern that landowners find it difficult in Weathersfield to do what they want to with their own land. There is a gap where people believe that we have zoning where they cannot do what they want to do with their land. Willis Wood mentioned that he gave 5 acres of his 170 acres to his daughter. He went through the subdivision and zoning process which was not difficult. He had to plan ahead for the permitting process and be patient.
Tom Kennedy said that the Planning Commission is trying to implement the Town Plan. One problem is to try and to create housing so that our children can live in their hometown. David Fuller said that without zoning, it is not protected and not preserved. Jeff Spurr said that without zoning for 100 acres, it would go to Act 250. It could take years to develop a 100 acre parcel.
Edith Hunter stated that in 1969, I-91 had just opened up. The town had started to get developed and the Town Plan was written. In 1971-74, the Zoning Bylaws were adopted. It has been going fine for 25 years, don't spoil it. Jeff Spurr said that most children are moving out of Weathersfield due to jobs. It shows a decline in school enrollment. The town needs facilities to attract people. Ed Williams asked if that is a result of zoning and subdivision. Jeff Spurr said that it is stopping businesses and allowing people to give land to their children.
Bruce Murray is concerned with the process. He wanted to know what could delay the petition for the ballot. Bruce Cox said that the Commission will take and revise the reports. The reports get sent to the Select Board and they will hold a public hearing.
Graham Hunter said that it was his understanding that the petition is to eliminate zoning and subdivision regulations on March 11, 2010. There are provisions in the Zoning Bylaws in regards to flood plains. If there are no regulations, there are going to be problems for property owners who have flood insurance. He does not feel that there is enough discussion about what would be lost. People need to understand the significance of this.
Gil Whittemore said that the Agency of Natural Resources has come up with a model. The Planning Commission has no input as to how the Town's people vote. The federal regulations do give you a 30 day notice. He suggested a two year delay. He knows that people are unhappy and want it to move a little faster. Tom Kennedy said that it would take 90 days minimum for flood regulations to be separate. The Commission would need to do a hearing, the State reviews the regulations, then the Select Board, and then back to the Commission. It is creating a whole new document.
Ed Williams said that the Commission is working on a survey to go to the town's people. The Commission has revised subdivision regulations. A considerable number of people have created this petition. The Commission will do what it can to make sure that it is on the ballot.
Jeff Spurr said that it was not their intent to make anyone lose flood insurance. There are 54 towns in Vermont without zoning. Keith Graham said he is here to see that it is put on the ballot. People can look for their own information in regards to zoning. Lynda Spurr said she would like to see Weathersfield be the 55th town.
Gil Whittemore reminded everyone that the Commission is doing this for the report to be issued. It is not their role tonight to come up with the pros and cons.
Steve Aikenhead said that the Town Plan is excellent and hopes that the petition does not conform. Dan Willey said that he does not think the Town Plan reflects what is happening in the Town. He would like to eliminate zoning to go along with the Town Plan. Bruce Cox said that the Planning Commission is currently rewriting the Town Plan. It is a guidance document.
Ted Goddard said that zoning is not perfect, but he does not want to see it thrown out completely. People could have their mortgages recalled. People need to think carefully about what it will do. He mentioned how someone tonight said that if Weathersfield does not have zoning, there would be more businesses. Cavendish does not have zoning, how come they do not have more business.
Ed Williams mentioned how the Commission has made changes to some bylaws to help property owners. It takes patience and time. Some people feel that it is broken beyond repair. Peter Daniels said that there was a problem with self storage units in highway commercial. The Commission looked at it, went through the public hearing process, and now it is allowed in highway commercial. It does not take centuries to change the bylaws, but it does take time. Everyone here has an opinion, but no one comes to tell us any of the changes that they would like.
Jeff Spurr said that there was nothing in zoning to say one way or another for self storage units. He applied for it, but was denied. He hired a lawyer and was denied. It has been two years doing this and he has decided to withdraw it. He spent over $10, 000 on it. He asked why the Commission did not think of it 2 years ago.
Michael Todd asked how many in the audience had attended any of the meetings on subdivision regulations. A couple of people raised their hands. The Zoning Bylaws need your input. Currently, the input for them comes from Jason Rasmussen, deForest Bearse, Title 24, and the Planning Commission.
Graham Hunter stated that as a registered voter and chair of the ZBA, he believes that our Zoning Bylaws and subdivision regulations are an important part of our Town Plan. They are a necessary component to implementation of the Town Plan.
Gil Whittemore is impressed with how thoughtful everyone has been tonight. Peter Daniels said that the Commission thinks about balancing property rights and protecting areas. The fees for permits are set by the Select Board. Chris Callahan said that Act 250 is State appointed officials from Vernon to Windsor for this area. It is not local control.
David Fuller thought that it is a ballot issue. He did not think about flood control. He felt it would not be fair to keep it off the ballot. John Arrison said that the Commission needs to discuss what they are going to do. Bruce Cox said that it would be discussed in a deliberative session tonight.
Edith Hunter asked if according to the law this is what had to be done. Ed Williams said the question is does it conform or not as to what it will change. There are pros and cons for both sides. Gil Whittemore said that the Statute was not designed for this petition. The Commission cannot change the petition. Graham Hunter asked the Commission if they can change the wording on the report tonight. deForest Bearse said that the Commission may make revisions to the report after conclusion of the public hearing.
Bruce Murray wanted someone to do a power point presentation at the town meeting in regards to the pros and cons of zoning. Chris Callahan said that people often say zoning is good for everybody, but me. There are reasons for rules.
Peter Daniels stated that the Commission conducts hearings, rewrites bylaws, subdivisions regulations and the Town Plan. The Commission has two meetings a month (the second and fourth Monday). Tara Todd asked the Commission how they are going to get input from the Town. She wanted to know if the Commission members will be going out to the public and why did it take this many years to get the public participation. John Arrison stated that it is the citizen's responsibility to come to the meetings. It is not up to the Commission members to drag them in for meetings.
Gil Whittemore made a motion to close the hearing at 9:00. Michael Todd seconded it. All were unanimous to close the hearing.

The Commission went into deliberative session at 9:10.

Gil Whittemore made a motion to accept the written reports regarding the petitioned proposals to repeal the Town's zoning bylaws and subdivision regulations as presented. Michael Todd seconded the motion. Gil Whittemore, Peter Daniels, Bruce Cox, and Michael Todd voted in the affirmative. Ed Williams voted nay.

Gil Whittemore asked that the reports be posted on the Town's website.

V. Public Comment:

There were none.

VI. Other Business:

There were none.

VII. Adjournment:
Peter Daniels made a motion to adjourn at 9:30. Gil Whittemore seconded it. All were unanimous to adjourn.

Respectfully submitted,

Diana Day

There were none.

VII. Adjournment:
Peter Daniels made a motion to adjourn at 9:30. Gil Whittemore seconded it. All were unanimous to adjourn.

Respectfully submitted,

Diana Day