TOWN OF RUTLAND
PLANNING
COMMISSION
MINUTES
3-29-12
Commissioners Present:
Charles Vajda, Raymond
Leonard, Howard Burgess and William Matteson
Mr. Matteson read the
minutes of 2-16-12. Mr. Leonard made a motion to approve the minutes of
February 16, 2012 with changes. Mr. Vajda made a second to the motion. The
motion passed unanimously.
Mr. Matteson said the
Commission would review the 3-15-12 minutes at the next meeting. Town
Administrator Joseph Zingale Jr., cited the fact that the 3-15-12 minutes
contain the public comments the commission received at the Zoning public
hearing and that by finalizing the draft tonight the commission would be doing
so without considering the comments. Mr. Matteson said Ms. Susan Schreibman, Acting Director of the
Rutland Regional Planning Commission, kept notes, which the commission will now
review.
Ms. Schreibman said she heard a lot about grandfathered
uses. She cited section 102 (d) and read “the ordinance does not affect the use
of land or buildings in existence at the time of its adoption except through
change of status of non conforming uses as stipulated herein”.
Ms. Schreibman said the term “Grandfathered” is not a
politically correct term. She said the word “Grandfathered” is no longer used
in state statue. She said it was originally used to keep African Americans from
voting. Ms. Schreibman suggested the Commission stop using the word
“Grandfathered”.
Ms. Schreibman suggested a new Article # 9 be inserted
ahead of Section 901. She said this section talks about non-conforming
structures and uses. Ms. Schreibman said the Commission could add a phrase
stating, “existing uses at the time of this ordinance’s adoption are permitted
with the following exceptions”.
Mr. Matteson questioned how the term “Grandfathering”
kept blacks from voting. Mr. Zingale said many southern states would only allow
men to vote if their grandfather served in the Confederate Army. He said that
excluded African Americans.
The Commission decided to include the change recommend
by Ms. Schreibman. Ms. Schreibman also recommended that Section 1307 also be
changed. She said the section has to do with variances.
Ms. Schreibman said under 1307 (b) contains the five
conditions one must meet to receive a variance. She said the word “may” should
be changed to “shall” since State statue says if all criteria are met a
variance “shall” be granted.
Ms. Schreibman also recommended changing section 1309.
She said a waiver is very similar to a variance except it allows the Town more
flexibility. Ms. Schreibman said
waivers should be allowed for handicapped ramps and fire safety conditions to
be built with in a set back.
Ms. Schreibman submitted language to add to the
proposed zoning regulations regarding the granting of such waivers. Ms.
Schreibman read the proposed language. She said this would allow for
flexibility with the zoning ordinance. She said the proposed changed allows
absolute flexibility when the request is for disability or a fire safety
request.
Mr. Matteson told Ms. Schreibman that state zoning law
states you have to let someone build an access ramp. Ms. Schreibman said the
state statue does not say you have to do so. She recommended the Commission
include her proposed change.
Ms. Schreibman said with her proposed language the
Zoning Administrator could grant a permit even though the ramp would go into
the setback. She said the permit could not be appealed to the DRB. She
emphasized that the waiver allows flexibility in the ordinance.
Ms. Schreibman said if the Zoning Administrator were to
adhere strictly to the ordinance the DRB would be inundated with appeal
requests.
Mr. Vajda inquired if an individual would apply for
either a variance or a waiver. Ms. Schreibman said a variance has to meet all
five conditions and that is very rare to receive variance. She said about 90%
of the time the individual should not have been issued a variance. The
Commissioners agreed the change recommended by Ms. Schreibman.
The Commissioners and Ms. Schreibman discussed the
public notification process and the items the Town must include in the
notification. She informed the Commissioners that she had prepared a report,
which would be sent to the State of Vermont and adjacent town along with the
notification of the zoning public hearing.
Ms. Schreibman recommended that the Commission move
forward with adoption and not make any other changes to the proposed
regulations.
Mr. Zingale cited the fact the Commissioners told the
public they would consider their comments. Mr. Zingale cited the fact the
Commissioners had not yet reviewed the comments and are now proposing to go to
a public hearing.
Mr. Matteson cited the fact the Select Board will hold
at least one (possibly two) public hearings and that the issues raised at the
Commission’s public hearing could be brought up for consideration.
Mr. Zingale requested the Commissioners push the
meeting date back one week to ensure all the required notifications are
received. Ms. Schreibman said the
Select Board only has to hold one public hearing.
Ms. Schreibman discussed the notice wording and what it
must contain. The Commission discussed the matter and decided to warn the
Commission’s Public Hearing for April 19, 2012 at 7:00 P.M.
Mr. Hathaway questioned the Commissioners regarding a
definition for the word “dilapidated”. He said one person might consider
something dilapidated and another person might not.
Mr. Zingale informed the Commissioners that the Hubbard
Trust is proposing a subdivision(s) and he explained what he knew regarding the
proposed subdivision.
The Commission instructed Mr. Zingale to invite the
Hubbard’s to the next meeting to explain their plans.
Mr. Leonard moved to close the meeting. Mr. Vajda made
a second to the motion. The motion passed unanimously.