TOWN OF RUTLAND

PLANNING COMMISSION

MINUTES

4-19-12

 

Meeting open at 7:00 PM

 

Commissioners Present:

 

William Matteson, Charles Vajda, Raymond Leonard and Howard Burgess

 

Mr. Leonard moved to approve the 3-29-12 minutes with change. Mr. Burgess made a second to the motion. The motion passed unanimously.

 

Mr. Matteson welcomed those in attendance and opened the floor to public comment.

 

Mr. Jason Swett requested his property be changed from residential to residential/commercial. Mr. Matteson said if Mr. Swett is running a business now and the Zoning Regulations are adopted he would be able to continue running the business for ever.

 

Mr. Matteson said if Mr. Swett were to sell his property the new owner would also be allowed to operate the same business, which Mr. Swett had operated. Mr. Hathaway cited the fact the proposed regulations do not allow the expansion of a non-conforming use. Mr. Matteson said Mr. Hathaway is correct.

 

Mr. Swett said he would like to have the option to expand his business in the future. Mr. Burgess said the Swett property is located between two properties designated as residential/commercial. Mr. Burgess said it looks like it (the residential/commercial designation) should continue right through the Swett’s property.

 

Mr. Matteson said he has no problem changing the property to residential/commercial. Mr. Matteson told Mr. Hathaway that he should also request his property be changed to residential/commercial, so both can be changed at the same time.

 

Ms. Susan Schreibman, Acting Director of the Rutland Regional Planning Commission, said the Commission would make the changes and then send the document to the Select Board for their review. Mr. Leonard and Mr. Vajda said they have no problem with the proposed change.

 

 

Ms. Schreibman said the requested changes would not be spot zoning, since the adjacent lands are already designated as residential/commercial. Mr. Matteson explained the history of zoning adoption attempts by the Town over the past 25 years. Mr. Matteson said he expect the Zoning Regulation to be on the November ballot.

 

Mr. Matteson said based on some of the comments received at the information meeting the Commission may be adding some language or tightening up so of the definitions. Mr. Burgess cited the fact the proposed regulations do not address the keeping of animals.

 

Mr. Burgess questioned Ms. Schreibman regarding the keeping of animals in a residential area, which is not adequate for a horse. Ms. Schreibman said she thinks the Town would have to adopt a separate ordinance. She said if the use qualifies as agriculture, because of the numbers of animals involved, then it would be exempt from zoning regardless of the size of the parcel. Ms. Schreibman said the Town would need to adopt a nuisance ordinance or get the Health Officer involved.

 

Mr. Charlie Shields said once approved any changes to the zoning regulations would require public hearings.

 

Mr. Matteson said the majority of the expense to administer the zoning regulation would be covered by fees. Mr. Swett asked if he would need to get a permit to put up a lean-to. Mr. Matteson said a structure would require a permit. He said it would be an extremely minor permit.

 

Ms. Schreibman told the Commissioners that she would make the changes requested at the meeting. She said the last step is to modify the draft regulations as needed and to forward to the Select Board, with proposed referendum wording.

 

Mr. Burgess reminded the Commissioners that they had not acted on a land use change requested from the Swans. Mr. Burgess said they would like their land on the west side of the East Pittsford Road to be changed to Agricultural.

 

Mr. Burgess said the Commission needs to address a request made by Mr. David Lewis regarding the Heritage Hill property. Mr. Leonard said the Commission also needs to address requests made by Mr. Bendig, Mr. Frank Trombley and Mr. Jeff Lloyd.

 

Mr. Vajda moved to close the public hearing at 7:40 P.M. Mr. Leonard made a second to the motion. The motion passed unanimously.

 

The Matteson reviewed correspondence.

 

Mr. Burgess reviewed some of the Hubbard subdivision waiver requests.

 

Mr. Leonard moved to close the meeting. Mr. Vajda made a second to the motion. The motion passed unanimously.

 

 

 

 

 

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William Matteson, Chairman