TOWN OF RUTLAND

PLANNING COMMISSION

MINUTES

2-2-12

 

Meeting open at 6:00 PM

 

Commissioners Present:

 

Charles Vajda, Raymond Leonard, Jerry Stearns, William Matteson, Anthony Flory, Howard Burgess and Andrew McKane

 

Mr. Stearns moved to approve the 1-26-12 minutes with corrections. Mr. Vajda made a second to the motion. The motion passed unanimously.

 

Ms. Susan Schreibman, acting Executive Director of the Rutland Regional Planning Commission, met with the Commission regarding the Commission’s proposed Zoning regulations.

 

Ms. Schreibman told the Commissioners that she believes the proposed regulations are as toned down as it can be. Ms. Schreibman said the Commission should consider reducing the number of zoning districts by combining districts. Ms. Schreibman told the Commissioners that it is not recommended that the Town have a distinct called “affordable housing”.

 

Ms. Schreibman said she grouped the residential districts together. She cited the fact that she had grouped the “Planned Residential”, “Neighborhood Residential and Affordable Housing into a one new district. She said the new district is called “Neighborhood-Planned Residential”.

 

Ms. Schreibman said there are different provisions based on whether there is sewer service or no sewer service. Ms. Schreibman said she came up with the districts based on setbacks and uses. Ms. Schreibman said setbacks are the same in the new combined district as there were in the individual districts.

 

Mr. matteson questioned Ms. Schreibman regarding the R40 C district. Ms. Schreibman said the R40 C district was not combined with other districts.

 

Ms. Schreibman said she also combined the “Agricultural” and “Rural Residential” districts because they seemed to go together. Ms. Schreibman said she changed the name of the “Industrial/Commercial “ district to “Industrial”. She said the “Industrial” district allows commercial uses.

 

Ms. Schreibman said she also combined the “Municipal Government” and “Utility” districts into one new district. Mr. Matteson asked if the “Industrial” district would allow residential. Ms. Schreibman said because some of the combined districts treated the same use differently, in one it would be permitted and in the other district it would be conditional, she made the use a conditional use rather than a permitted use. She said the conditional use would require a permit. Ms. Schreibman cited some example of used being changed form permitted to conditional. 

 

Mr. Matteson and Ms. Schreibman discussed whether or not “Adult Care” should require either a permitted or conditional permit to operate. Mr. Matteson said “Adult Care” is allowed by State statute and the Commission should consider removing regulating “Adult Care” from the proposed regulations.

 

Ms. Schreibman said she would like to move forward and prepare something to mail to Town residents prior to holding public forums to discuss the proposed zoning regulations. Ms. Schreibman said the grant is supposed to be closed by the end of May or mid June.

 

Ms. Schreibman told the Commission she is working with Green Screen Graphics to develop a summary of the Zoning regulations and a color map to mail to all town residents. Town Lister Mr. Howard Burgess and Town Administrator Joseph Zingale Jr. will develop a mailing list for use by the Commission.

 

Mr. Matteson said in addition to mailing to every home and business in Town Ms. Schreibman should have an additional 1000 copies of the flyer made to have available at the Town Hall. Mr. Zingale said he thought additional copies would be too many.

 

Ms. Schreibman said it is important to describe the permitted uses, the process of getting a permit in the proposed flyer. Mr. Matteson said people would want to know setback & road frontage requirements regarding the proposed zoning regulations.

 

Mr. Matteson informed the Commissioners of a recent conversation he had with members of the Select Board.  Mr. Matteson said the conversation had to do with which version of the proposed Zoning regulations is the Commission using. Mr. Matteson said he believed there is only one copy because the Select Board’s copy was never formally submitted to the Commission.

 

Mr. Matteson said the Select Board had revised the Commission’s version and had made some changes. Mr. Zingale reviewed the list of changes the Select Board had made to the Commission’s zoning regulations.

 

The Commission made the following changes to their proposed zoning regulations:

 

 

(Mr. Flory joined the meeting)

 

·        Changed the section regarding residential “parking standards” requiring an individual to have two parking spaces per new residential lot or 2 spaces within 500 feet from their home lot.

·        Deleted all of the text in the in the Planned Unit Development section after the first paragraph.

·        Deleted item F on page 20 regarding over all development density.

·        Changed the language in Section 702 (B)  

·        Deleted item 5 (i) from page 22

·        Deleted items B&D on page 24

·        Deleted Section 902 regarding changes in non-conforming uses

 

(Mr. Burgess joined the meeting)

 

·        Deleted Section 903 & 904 regarding enlargement of a nonconforming use

·        Changed language in Section 908 regarding expansion of a dimensional non conformity, deleted all after (A)

·        Added the language “or those commonly used in residential service” to Section regarding consumer satellite dishes

 

      (Mr. McKane joined the meeting)

 

            Ms. Schreibman informed the Commissioners that they need to add a section dealing with zoning limitations to the proposed regulations.  Mr. Leonard said it appears the section regarding “limitation on Municipal Bylaws” would prohibit the Town from regulating methadone & marijuana clinics.

 

Ms. Schreibman said she would incorporate the changes and get going on the flyer mailing.

 

Ms. Schreibman and the Commissioners discussed how many and what would be discussed at the various zoning forums. Mr. Matteson said only one forum would be needed prior to holding the Commission’s Public Hearing. The Commission selected March 15, 2012 to hold the zoning forum.

 

Ms. Nicole Kesselring, P.E from Enman & Kesselring Engineering, representing Aldi’s and Mr. Steve Bowman, representing Aldi’s Supermarket and Attorney Frank Zetelski, representing Joseph & Shirley Barnhart, met with the Commission regarding a final two-lot subdivision hearing.

 

Mr. Matteson read the public notice for the Barnhart subdivision.

 

Ms. Kesselring submitted a grading & layout plan to the Commission. Ms. Kesselring cited the fact she had submitted a revised boundary survey prepared by Mr. Robert Farnsworth with a revision date of 1-11-12.

 

Ms. Kesselring told the Commissioners that the layout plan she submitted depicts the existing conditions on the site. She said the other map she submitted show the proposed conditions on the site. Ms. Kesselring cited minor modifications made to the map since the sketch plan hearing.

 

Ms. Kesselring told the Commission the property corner pins had been set on the property. The Commissioners had no questions regarding the map submittal. Mr. Matteson read a letter from Aldi’s regarding the company’s conditional support for the Town proposed service road.

 

Mr. Flory moved to accept the plan as presented. Mr. Vajda made a second to the motion. The motion passed unanimously.

 

Mr. McKane made a motion to record the letter submitted by Mr. Steve Bowman of Aldis. Mr. Leonard made a second to the motion. The motion passed unanimously.

 

Mr. Matteson read a notice for a Town of Clarendon Planning Commission hearing on February 27, 2012 at 6:00 P.M. regarding a draft airport over lay district.

 

Mr. Matteson informed the Board that a representative from the company planning to construct a wind farm on Grandpa- Knob.  Mr. Matteson said there would be 20 wind turbines along the 8-mile ridgeline. He said the project would produce 50 mega watts of power.

 

Mr. Burgess moved to approve the 12-15-11 minutes. Mr. McKane made a second to the motion. The motion passed unanimously. Mr. Leonard moved to close the meeting at 7:30 PM.  Mr. Stearns made a second to the motion. The motion passed unanimously.

 

 

 

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William T. Matteson

Chairman