TOWN OF WEATHERSFIELD, VERMONT
PLANNING COMMISSION
Monday, September 27, 2010

MINUTES - DRAFT

Introductions:

Commission members present were Bruce Cox, Michael Todd, Ed Williams, Alan Hudson, Gil Whittemore, Julia Lloyd Wright (ex-officio), and deForest Bearse (Land Use Administrator).

The audience members present were Ted Hastings, Michael and Jamie Lockwood, James and Judith Pellerin, Barbara Hastings Volta, Heather Payne, Brad and Bonnie Litchfield, Edward May, Don Gelineau, Lucille Gelineau, Ed Hastings, Peter Korbet, Pat and Herbert Steele, Jonas Steele, and Steve Mungeon.

I. Approval of Minutes: Meetings of September 13 and 20, 2010

The minutes for September 13, 2010 were approved at the meeting on September 20, 2010.

Ed Williams made a motion to approve the minutes of September 20, 2010 with corrections. Michael Todd seconded it. All were unanimous to approve the minutes as corrected.

II. Review Meeting Agenda - additions, corrections

There were none.

III. Recommend Town Manager as Acting Zoning Administrator:

Ed Williams made a motion to recommend the Town Manager as acting zoning administrator if the zoning administrator has a conflict of interest, death, illness, or is on vacation. Michael Todd seconded it. All were unanimous.

IV. Public Hearings:
A. Final Plat Reviews-
(1) #08.1210 by James Pellerin for subdivision at 1098 Roberts Road
Bruce Cox opened the hearing at 7:05. There was no exparte communication. James Pellerin, Judith Pellerin, Michael Lockwood, Jamie Lockwood, and deForest Bearse affirmed. deForest Bearse went over the final plat and showed the Commission the seven items of concern. Gil Whittemore made a motion to close the hearing at 7:10. Alan Hudson seconded it. All were unanimous. Ed Williams made a motion to approve the final plat #07.2809 by parcel 0902-27 map produced by Lawrence Associates dated October 10, 2010. Michael Todd seconded it. All were unanimous.

(2) #08.3010A by Herbert and Patricia Steele for subdivision at 260 Dan Jarvis Road
Bruce Cox opened the hearing at 7:11. There was no exparte communication. Herbert Steele, Patricia Steele, Jonas Steele, and deForest Bearse affirmed. deForest Bearse stated that the Commission wanted to make sure that the abutter's well was going to be protected from the proposed driveway runoff. Herbert Steele stated that he and the abutter went out and measured it. It is 209 feet from the stone wall to her well. He will be putting in a ditch to pick up the excess runoff. There will be ditches on both sides of the road. He does have a letter from the fire department. Westley Hazeltine told him that no driveway permit is needed. He has shown the building envelope on Lot 4, the poles are shown, and the signature block is there. The road has been there 26 years with no problems.
Ed Williams made a motion to close the hearing at 7:20. Alan Hudson seconded it. All were unanimous.
Ed Williams made a motion to approve the subdivision 08.3010A by Herbert and Patricia Steel of 78 acres at 260 Dan Jarvis Road parcel #050315 prepared by Gary Rapanotti dated June 22, 2010 project #10-973 with no revisions. Alan Hudson seconded it. All were unanimous.

V. Requests/Reviews:
A. Sketch Plan Reviews-
(1) #09.0910 by Ted Hastings for subdivision at 1445 Upper Falls Road
Gil Whittemore recused himself. deForest Bearse has a letter dated September 13, 2010 allowing Ed Hastings to represent Ted Hastings at this meeting. deForest Bearse went over the resources maps (protected soil, flood plain, and flood way). Bruce Cox stated that the flood way is based on a 100 year flood. The flood plain limits where water comes up to. You cannot build under a floodway unless you can prove to FEMA that you are not raising it up to 1%.
Ed Williams wanted to know what the policy is in a flood plain. deForest Bearse said that it has to be 1 foot above the base elevation. It must comply with flood hazard regulations. deForest Bearse said that the road accessing the new development could be under water and structures could be islands. The access needs to be above the base flood elevation and the existing house is in the flood plain.
Ed Hastings said the road is under the flood plain. Ed Williams said that it deals with the federal regulations with flood plains and flood ways. Ed Hastings wanted to know if this is for any structures. Bruce Cox said that he is not sure about flood ways.
Ted Hastings said it is now taxed as agricultural land only. He wanted to know if someone was to get a subdivision, how would the taxes change. deForest Bearse said it would not change until ownership changes. Ed Williams stated that development is limited to 10% due to agricultural soil.
Heather Payne wanted to know if the Commission takes into consideration the real estate market. The Commission said that does not play a part into what happens.
Ed Williams said the property owner might want to get scaled maps of the flood plains and flood way for this lot. It would give him an idea of how much area is developable. Ed Hastings said that the house is out of compliance. He wanted to know if this was also grandfathered in. deForest Bearse said there could be no new buildings. Once the base elevation is known, everything needs to be above that.
The Commission would like to see street improvements to meet FEMA, drainage, sewage disposal and water supply from the State, map contours, wetlands mapped, availability of existing services, undetermined investigate FEMA compliance, agricultural soils compliance needed, conform with Town Plan, FEMA issues need to be addressed, and map on scale to show compliance with regulations with flood way and flood plain. The Commission would need another sketch plan.
Barbara Hastings Volta would like to see it kept as rural as possible. Ted Hastings said it should never be built upon, just restore the building. The acreage is not accurate. It is going to be surveyed. Ted Hastings wanted to know if there was anything preventing it from being subdivided now. Ed Williams said that all further development rights could be waived on Lot 2.

(2) #09.2010A by Brad & Bonnie Litchfield for subdivision at 254 Upper Falls Road
Gil Whittemore recused himself. Steve Mungeon said that there is an existing house on the lot with 10.4 acres. The other lot with 10.8 acres is vacant and a woodlot. There is a wastewater permit with the State. They are hoping to start building in the fall. The 4 to 1 ratio is satisfied with the existing lot, but not with the new lot. It does not comply. The intent is to remain as a wood lot. They would like an exception to the 4 to 1 ratio for the new lot. deForest Bearse stated that it is a non-conforming lot and there are no deeryards or wetlands there.
Brad Litchfield said that he has an easement to the new poles or existing poles that CVPS is putting up. The Commission would like the property owner to calculate the area of agricultural soils on each lot on final plat, show road location, set pins, show building envelope, note low risk handbook, show right of way for access easement to new lot, have stamp and driveway permit.
Ed Williams made a motion to accept application #09.2010A as a minor subdivision. Alan Hudson seconded it. All were unanimous.

VI. Discussions:

A. Bylaw/Regulation Revisions-
(1) Agricultural zoning (sec. 6.10.7) - Rating system and written report
Gil Whittemore went over the model. It will be discuss at their next meeting. He mentioned how factor #5 is based on lot size and could do as lots less than x acres. Factor #2 is on site investments and is difficult to quantify.
Peter Korbet wanted to know if the Commission is talking about the evaluations from the other meeting. The Commission said it is. Ed Williams said that the model is not yet ready to give out to the public since they are still reviewing it and making changes to it. Peter Korbet wanted a copy of it. The Commission said that he could have a copy when there is a draft to present. It is not yet ready to be discussed with the public.

(2) Amendment to section 9.2.2, Exemptions
This was postponed to a later meeting.

B. Town Plan Revisions

C. Other - VELCO/CVPS Upgrade plans
There will be a second substation in Ascutney. VELCO/CVPS is in the process of applying to the Service Board soon. It is available on VELCO's website.

D. Municipal Planning Grant
deForest Bearse will check with SWCRPC to see what is available and about getting a grant to work on maps.

VIII. Public Comment:

There was none.

IX. Adjournment:
Alan Hudson made a motion to adjourn the meeting at 9:15 PM. Michael Todd seconded it. All were unanimous to adjourn.

Respectfully submitted,

Diana Day