TOWN OF ARLINGTON
PLANNING COMMISSION MEETING
Minutes of Meeting – Thursday September 26, 2024
Members Present: Garret Siegel, Sebastian Massey, Jonathan Murray, Tom Williams, Michael Murno
Other Attendees: Joan Nash (Land Use Administrator)
Attendees from the Public:
Attendance Formats: Town Hall, Zoom Video Conferencing or Phone
The meeting was called to order at 7:02 pm by Chairman Garret Siegel.
Public Comments unrelated to the proceedings – None
A motion to approve the minutes of the previous meeting was Made by Sebastian Massey and seconded by Jonathan Murray. There was no opposition and the motion carried.
Garret introduced the first order of business as the remodel/addition and garage at 107 Colbrook Drive. Jodie Fielding, the applicant explained that the proposed plan calls the conversion of the existing garage on the south side of the home into living space and to construct a new garage north of the existing house. The site plan includes a proposed extension between the existing north side of the house and the proposed new garage. It was noted that the existing and proposed development is on a non-conforming lot, as it does not meet the minimum lot size requirement of 1 acre in the rural zone; the current lot size is 0.67 acre. Also, the existing house and garage does not meet the side and front setbacks of 35 and 50 feet, respectively, but does meet the setback from the flood hazard boundary. The proposed new garage, however, as proposed, does meet the side setback requirement and the setback requirement from the flood hazard boundary. On the site plan, the well is located in the road R.O.W. and must be verified and corrected. Reference was made to page 7, Section 1.4.3, Non-Conforming Lots and It was ascertained that the lot satisfies the requirements presented in Paragraph 1 of this section and is allowed to be developed. In addition, a neighbor commented on the proposed development and stated that she thought the proposed new garage and extension enhanced the property. After some discussion, it was decided that the site plan can be approved under the waiver condition as discussed on page 23 of the current Bylaw. Sebastian Massey made a motion to conditionally approve the site plan contingent on the verification of the location of the existing well as discussed above. The motion was seconded by Tom Williams. There was no opposition, and the motion carried.
Next, we moved to Camping on the Battenkill. Brian Lund stood in for the applicant Mike Healy. Brian is the director of capital expenditures representing the owners of the camping site. Brian explained that when the property was purchased 15 additional sites were added, but were never approved. This application seeks approval for those sits after the fact. 1 of the 15 new site is full hookup, that is water, septic and electrical is provided. The other 14 sites have water and electrical hookup only. With these new sites, there is a total of 111 sites. When asked if there are emergency provisions in force in case of impending flooding conditions, Brian responded that all camper vehicles are cleared out in the off season. In the event of impending flooding conditions, there is equipment on site to remove camper vehicles. Camping season is from May 1 to about October 15 (about 26 weeks). Joan, the land use administrator questioned whether the 2 wells shown on the plan is enough for the 8 camping zones. Brian stated that there has not been a problem to date. 103 camper vehicle sites have water hook ups, the other 8 are tent sites and there is an accessible water spigot for those sites. A question was raised regarding the power sheds shown on the plan. Brian indicated that they were more like circuit boxes. Chairman Siegel noted that the floodway was not delineated on the plan and suggested that it be shown. Regarding the playground equipment and precautions during flood conditions, Brian stated that all playground equipment is adequately cemented down.
Sebastian Massey made a motion to approve the site plan contingent upon the delineation of the floodway and all state paperwork; the motion was seconded by Jonathan Murray. There was no opposition, and the motion carried.
We then reviewed the LUA Report, especially with regard to Jeffery and Meridith Gould and their opposition to relocate the pavilion they built in violation to the current Bylaw. Joan Nash plans to send them a formal violation letter next week, unless she gets a reasonable response to her requests.
A few items were brought up to include in next month’s agenda namely: What are the applicable regulations regarding the construction of fences on privately owned property, and a renewed discussion on River Corridors and their definition and governing regulations.
As there was no new business, Sebastian Massey made a motion to adjourn, seconded by Tom Williams. The meeting was adjourned at 8:21 pm.
Our next meeting is scheduled for October 24, 2024 at 7:00 pm.
Respectfully submitted:
Michael J. Murno
Land Use Administrator’s Report for APC
Date range: 8/21/24 – 9/26/24
Permits issued:
Date Parcel ID Zone Last Name, First Name Address Permit # Type
2024-08-29 30-3-13.000 R Shulman Paula 2843 VT Route 313W 3427 Boundary Line Adj
2024-09-03 60-3-25.000 CRR 1934 Plymouth, Inc. 5403 VT Route 7A 3425 Patio
2024-09-26 60-4-11.000 R Steiner Rob 938 Tory Ln 3431 Deck
Pending Permits:
Date Parcel ID Zone Last Name, First Name Address Permit # Type
2024-03-28 13-01-15.000 R Cello, Paul 972 Butternut Gutter 3403 Remodel/ addition
2024-06-04 30-3-13.000 R Shulman, Paula 2843 VT Route 313W 3427 Boundary Adj
2024-06-11 21-02-21.000 VR Wirrki, Olavi 102 Ice Pond Rd Boundary Line Adj
2024-06-13 01-71-11.000 VR Arlington Village Center 3708 VT Route 7A 3427 Change of Use
2024-06-27 22-1-06.001 R Rossito, Jessica 107 Colbrook Cr 3429 Remodel/Additions
2024-07-09 00-31-08.000 R Bertucelli, Louis 3319 River Road Boundary Line Adj
Permits Pending APC:
Date Parcel ID Zone Last Name, First Name Address Permit# / Type
2024-09-05 60-3-12.000 R/CRR Battenkill RV, LLC 48 Camping on the Battenkill 3430 Campground
2024-06-27 22-1-06.001 R Rossito, Jessica 107 Colbrook Cr 3429 Remodel/Addition
Permits Pending ZBA: None
Violations:
3358 KIMBERLY BARNES 3383 VT Route 313 West R 03-3-02
3/8/23: Certified letter NOV received. 4/3/23: Select Board letter upheld LUA violation 5/11/23: Sent letter recognizing that the commercial production appears to have ceased, Barnes is also selling equipment. We can cease fines if Barnes signs the memo of understanding. 6/20/23: No contact from Barnes. Drove by 6/15 to see a very large pile of split wood. 8/18/23: Large dump truck next to piles of wood. Clearly not for household use. 9/30/23: Continue to see wood piles with splitter, dump truck. Active firewood production. 10/24/23: Continue to see wood piles with splitter, dump truck. Active firewood production. 11/30/23 Less production 12/31/23: Small volume production. 1/11/24: Merrill Bent requested documentation to pursue violation with environmental court. Lien placed on property for $58,600 in fines for 3/16/23 – 1/2/24. 2/29 No Change. 3/12/24 Lien discharged as requested by Nick. The lien may be replaced following the Environmental Court hearing. 6/4/24 – No change. Neighbor inquiry as to what the town is doing about their violation. 7/5/24 Saw online advertising for firewood listing address in violation. 8/12/24 Continuing to process wood including large trucks full of split wood leaving yard. 9/3/24 Provided Nick with more Facebook advertising for Barnes wood and also other services: lawn care, plowing, hauling. Nick sent to legal team. He had contact from John Whalen, attorney for Barnes.
GOULD, JEFFERY & MERIDITH 5226 River Road 2024-05-23 01-01-50 R
4/30/24 Citizen report about building materials such as posts laying down by the Battenkill 20 – 30’ away. 5/2/24 Letter of Inquiry mailed to owners.5/9/24 Call with property owner who received the Letter of Inquiry. At this point a pavilion has been built and I gave a verbal cease and desist and in an email. Basically, the construction is done except for the roof.5/15/24 Owners working on permit. Requested an onsite visit to review the property.5/16/24 Owners cancelled the onsite visit due to family illness. Several calls and emails back and forth re application.5/20/24 Formal NOV received by Gould 5/23/24 Fee and application received. 5/28/24 Application sent to ANR for review.
6/10/24 Received follow-up questions from ANR. Followed up with answers on 6/18/24. 7/9/24 No word from ANR yet. Owner asking. 7/18/24 Kyle Medash of ANR approved of the way the pavilion is secured and states “The pavilion would presumably meet all of the accessory structure requirements (anchoring, flood resistant materials, no utilities, no permanent fixtures) if it were within the SFHA He does however stick up for the Arlington bylaws re: no structures in the floodway, and he doesn’t want this to set a precedent as it will make it difficult for the town to uphold our regulations.
8/24/26 APC hearing: denied permit. The pavilion needs to be moved to another area or removed entirely. We started with a 30-day window to get help and set a timeline. 9/26/24 The few emails I’ve received from Jeff Gould have been tirades about how unfair it is that he has so little build area, or how “others are getting away with it”, or he’s going to contact the listers about his property taxes since the land is unusable. Emailed Jeff today to ask if he has a timeline yet. I went by the place yesterday and I think he put the roof on it! Planning on sending out a formal violation letter next week unless I get a reasonable response.
BATTENKILL RV, LLC 48 Camping on the Battenkill Rd 06-03-12.000 R/CRR
5/23/24 Contacted by Mike Healy on behalf of owners of Battenkill RV LLC, Modern American Campgrounds. A discovery when the property was purchased that there were permits for 96 campsites and there are actually 111 camp sites. While this is a violation the property owners are bringing it to our attention and want to obtain permits for the additional sites and be in compliance with our bylaws. 5/30/24 Conversations re application process, ANR approval, hearings, site maps, etc… 6/4/24 Received first drafts of application and site plan. Responded with request for changes and edits. 6/6/24 Mike acknowledged the requested edits/ changes and will work on these. 7/11/24 Many emails and calls, along with research the past month. Gave direction on site plan needs and also follow-up with ANR. Nick Zaiac also spoke with them re: site plan needs. 7/30/24 Meredith Maskell contacted regarding the public water supply operating permit issued WSID 8108, and question of how many wells are on site, as well Kim Lutchko contacted re ACT 250. 8/31/24 Ready for APC hearing on 9/26/24.
BRONYWYN (Tim Weichmann) 5403 VT Route 7A 06-03-25 CRR
6/11/24 Contacted by Chris Heins who is assisting in getting Act250 and compliancy issues. There is a large patio area of stamped concrete that is not permitted and is in the wetland buffer. Chris is already working with ANR / Act 250 to resolve. The patio is not in the floodway. Needs sign permit. 7/9/24 Garret forwarded me the judicial opinion on Act 250. I was surprised to see that the mobile home is slated to be replaced with a tiny home. This had not been mentioned previously. 8/7/24 Received updated site plan from Chris Heins to correct abutting landowner names, and APC meeting warnings sent out. 9/17/24 ZBA approved the permit! This will be removed from violations next month.
Certificate of Compliance issued:
Date Parcel ID Zone Last Name, First Name Address Permit# / Type
2024-09-03 03-01-06.000 R Fox, Nathan 3434 River Rd 3402 Accessory building
2024-09-05 01-42-09.000 R Witmer, Harlan 487 Warm Brook Rd 3420 Deck
2024-09-19 06-04-11.000 R Steiner, Rob 938 Tory Ln 3392 Accessory building
2024-09-25 00-64-02.000 R Rochette, John & Susan 287 Spring Brook Rd 3397 Accessory building
2024-09-25 06-02-11.000 R Stuart, Karen 561 Possum Place 3424 Demolition
Zoning Compliance Letters Issued:
Date Parcel ID Zone Last Name, First Name Address
2024-09-09 10-02-20.000 R Harrington, John 522 Farm Rd
2024-09-10 190-2-26.000 R Counts, Tim 1328 E. Arlington Rd
General Inquiries:
Date Parcel ID Zone Last Name, First Name Address Inquiries
2024-09-03 17-01-27.000 VR Barrett, Mary Ellen 3360 VT Route 7A Boundary Line Adjustment
2024-09-05 15-03-25.000 VR Cooper, Jessica 247 School St FEMA maps and flood zones
2024-09-17 03-02-03.004 R Malik, Dakota 0 VT Route 313 W RE: Specific property attributes
2024-09-26 02-03-14.000 R Bobko, Kevin 0 Berwal Rd Property Research
2024-09-17 01-01-36.000 R Larsen, Kristian 5451 River Rd Property Research
2024-09-25 01-01-10.000 R Garrett John & Mary M 5827 VT 313W Report construction w/o permit
Complaints:
None
NEW CATEGORY:
Exempt land use registrations
Date Parcel ID Zone Last Name, First Name Address Exempt Land Use
2024-09-19 13-01-07.001 R Corra, Dan 777 Butternut Gutter Accessory Building <200 sq ft
2024-09-24 10-02-26.000 R Goliber, Tim 241 Farm Rd Accessory Building <200 sq ft
2024-09-24 21-02-18.000 VR Tait, Doug 761 E. Arlington Rd Accessory Building <200 sq ft