TOWN OF ARLINGTON
Arlington Planning Commission
Minutes
Thursday, September 25, 2025 at 7:00 PM
Present at Town Hall: Garret Siegel, Jenna Tait, Jon Murray, Michael Murno. Attending via zoom: Mary Anne Holmes. Additional Attendees: Joan Nash (Land Use Administrator), Nick Zaic (BCRC).
Meeting begins, 7:02p.m.
1. Approval of minutes: addendum to minutes: Jenna is obtaining questions for the PC to ask of the Bennington County Regional Commission (BCRC). Mike moved to accept with addendum to the minutes presently on the Town Website; Jenna seconded, all voted “aye”.
2. Public Comments – None.
3. New Business – None.
4. Old Business
a. Nick presented the BCRC’s new definition for “Tier 1B” area development in response to legislature’s passing of Act 181, to encourage more housing near village centers. The area to be defined Tier 1B for Arlington is provided on pages 2-3 of these minutes. The first image shows the proposed Tier 1B area with water supply lines. This image shows a considerably expanded town center than the current town center. The second image shows more detail of where housing, up to 6-10 units per 2 acre lot, could be placed, provided there is adequate water and sewage. Some areas are exempt because they are located in the state-designated River Corridor. The Town can choose to apply additional conditions, which may be considered in the upcoming rewrite of the Town Plan. The town is not required to apply for Tier 1B status, but there are clear benefits to considering an application, notably exemptions from Act 250.
The BCRC would like for the Arlington Planning Commission to discuss, potentially modify and make recommendations regarding the proposed maps to the Arlington Select Board for their consideration and approval.
The APC agreed to take the issue up for further discussion at our next meeting.
b. Camping On The Battenkill provided an updated site map as per the Planning Commissions contingencies to their permit application to retroactively add 15 campsites to the site originally presented to the PC in September 2024. The present owners of Camping on the Battenkill realized that the additional sites had been added by the previous owners of the business and self-reported the issue to the Planning Commission as well as to the state. None of the 15 campsites are situated in the Floodway, they are, however, located in the Special Flood Hazard Area. The updated map provided to the APC indicated where the designated Floodway is located on the property and corrects a small issue with the SPHA Flood Line (i.e., the 100-year floodplain) as explicitly required by the PC. The other contingency had been that all required State permits be issued to gain approval by the town. These approvals have been issued. (The updated map can be found on pg. 4 of the present minutes).
Jon Murray made a motion to accept the updated site plan as fulfillment of the Planning Commission’s requirements for approval; Garret seconded. Four “aye” votes and 1 abstention.
c. Red Mountain parcel report: Mike, Mary Anne, and Jenna’s husband Doug Tait hiked the trail to Flag Rock on Sept. 21 with Peter Hildick-Smith and 2 other Arlington residents. All found the trail difficult, not least because of the ~40% slope and the current unmaintained nature of the trail. It was well worth reaching the overlook at Flag Rock for a magnificent panoramic view south to Bennington. If the Town of Arlington acquires the parcel, Long Trail and Appalachian trail members plan to shut down the steep, eroding trail and build one with switchbacks, lowering the slope of the hike and ensuring better erosion control. Views from Flagg Rock, as provided by Michael Murno, have been added to these minutes.
d. Planning Commission members, Garret, Michael, Mary Anne and Joan (LUA & alternate member of the PC) attended the September 8 Select Board meeting, along with members of the Arlington Energy Committee and of the Hazard Mitigation Committee, to discuss the benefits of the Town acquiring title to the Red Mountain parcel. Energy Committee chair, Stephanie Moffet-Hynds made a presentation on the expected carbon sequestration that the 400+ tract would offer, thereby bringing the Town to carbon neutrality as required by Article 22 passed at Town Meeting in 2022. Garret presented a list developed by Mary Anne and expanded by Garret noting the 23 instances stated in the Town Plan that encourage the Town to acquire land for recreation and conservation purposes. The Select Board seemed generally favorable to the presentation and wished that the members of the Red Mountain group that had previously presented to the Energy Committee as well as to the Planning Commission had been present. The Select Board would like to have those members present a formal plan with a fixed access to move forward. Peter Hildick-Smith of the Red Mountain Group is working on the access issue.
e. Garret and Joan also talked to the Select Board about what the Planning Commission has felt are lagging enforcement issues by the town. They noted two instances of standing violations that have not been referred to the town lawyers despite their clear violation of town bylaws. The former Town Administrator, Nick Zaiac, had told the PC that funds had been lacking to forward these issues to the state Environmental Court, as required. Joan & Garret also produced photographic evidence (prepared by Joan) of multiple instances of town inhabitants in violation of the town junk ordinances on their properties, including old jugs of used motor oil potentially leaking into a wetland area located on the property. Garret also suggested to the Select Board that the town has seemingly not been adequately providing sufficient funds to the budget for enforcement issues. The interim Town Administrator, Cynthia Browning, subsequently turned over information about one of the bylaw violations, a large pavilion built in the floodway without a permit, to the town’s legal office. The Planning Commission required removal of the pavilion after a presentation made by the landowner, citing the fact that all development is prohibited in the Floodway. The Select Board is considering increasing the budget for its legal office. Additionally, the Land Use Administrator, Joan Nash, has learned from ANR how to generate an Environmental report to the state Environmental Enforcement Officer so that unpermitted junkyard violations can be property enforced.
f. Garret, Joan and Mary Anne attended a BCRC presentation in Bennington on September 18th aimed at explaining Act 121, The Flood Safety Act passed in 2024, which aims to add River Corridor designations to the permitting process. FEMA and the NFIP focuses almost exclusively on “inundation” flooding – that is, water that spills over a stream channel into the floodway and beyond and inundates homes and other structures – to the exception of fluvial erosion hazards. But in addition to inundation, swollen streams and areas prone to flash flooding can cause serious erosion risks, ripping out roads, damaging bridges and undermining structures. The River Corridor designation is intended to address this additional damage and risk. Act 121 will give the Department of Environmental Conservation authority to limit new development in River Corridors across the state; will create minimum standards for development in NFIP enrolled towns; will strengthen oversite, and strategically remove derelict dams; and will protect and restore wetlands to create a net gain in wetland acreage across the state. However, it should be noted that it seems apparent that towns will lose some of their power to administrate permitting in their municipalities due to the passage of the act. The state is currently developing River Corridor maps in the state and full administration of Act 121 is not expected until January 1, 2028.
g. All APC members were asked to consider what to add to the Google Doc shared by Jenna on questions to ask the BCRC and more broadly to consider for the impending update of the Town Plan. This will be placed as an agenda item at a future PC meeting.
h. The Land Use Administrator’s report was not discussed due to time limitations and will be discussed at the next PC meeting.
NEXT MEETING will by October 23, Thursday, 7-9pm.
ADJOURNMENT: Michael made a motion to adjourn at 9:05, seconded by Jon Murray. All voted to adjourn.
