Draft Minutes-Planning Commission Meeting 7.28.22



Minutes of Meeting – Thursday July 28, 2022

Members Present: Charles Moore, John Williams, Garret Siegel, Elliott Nachwalter, Sebastian Massey, Tom Williams Michael Murno and Jessica Roberts (LUA), and Nick Zaiac (TA).

Attendance Formats: Town Hall, Zoom Video Conferencing or Phone

Other Attendees: Cat Bryars (BCRC), Kiki Stuart, Ron Weber and Anne Weber

  1. The meeting was called to order at 7:00 pm by Chairman Charles Moore.
  • A motion to approve the June 23 meeting minutes was made by John Williams, seconded by Garret Siegel. Motion carried. A motion to approve the June 30 meeting minutes was made by John Williams, seconded by Charles Moore. Motion carried
  • Public comments unrelated to the agenda of this meeting were requested. None were received.
  1. Cat Bryars discussed revisions to modernize the Town Bylaw and question raised to John Broker Campbell (JBC) from our last meeting. With regard to Section 3.5, Pages 2-3, in reference to the flood insurance declaration to be issued by the LUA, JBC stated that this has not happened before but will be available to assist if needed. Garret raised a point regarding prohibited development within the floodway (Section 4.3.2.D.2). New primary and accessory structures are listed, but we do not have a definition for non-covered accessory structures. After some discussion on our definitions of structures. It was agreed that we need to tighten up our definition of structures. John Williams made a motion to review our definitions for structures, seconded by Charles Moore. Motion carried.
  2. We discussed the various regulations are defined in the current bylaw for each of the areas categorized as Flood Hazard Area (FHA), Floodway (FW), and Flood Fringe (FF) and how they may be too confusing to the public as they are currently written. It was suggested regulations for the FHA be used as an “umbrella”, covering the common regulations for all three areas, and then additional specific regulations be defined for the remaining two categories. There was much discussion about how these areas should be defined in the revised Bylaw. Garret suggested that the 1% flood area be included in the definition of flood fringe as this was a previous definition in the old Bylaw and also not to confuse the public.

With regard to development in the floodway, John Williams asked whether the proposed regulations would permit more development. Under the old Bylaw development in the floodway was prohibited and John would like to see that continued. The proposed new Bylaw provides for new encroachments in the floodway of up to 500 SF. 500 SF was questioned and where that number came from. It appeared to be an arbitrary number and it was decided that it could really be any number, including zero. There were arguments that it shouldn’t be zero, as that was deemed too restrictive by some, and that there could come a time when we could see development of that magnitude viable and practical. After much discussion about 500 SF floodway encroachment, development and what consisted of development in the floodway, including new and primary accessory structures, and recreational vehicles and trailers, it was decided that the regulations as presented in Sections 4.3.2 and 4.3.3 of the proposed revisions to the Bylaw be revisited.

With regard to Section 4.3.2 D.2.c Garret wants to add hazardous materials. Cat made a note to add it. With regard to Section 4.3.3.E.12, discussions included dropping it from the new Bylaw. Town Administrator suggested that if we decided to,  securing ROW permits or other third party agreements would be wise. John Williams made a motion to drop it from the new regulations, seconded by Charles Moore. Motion carried.

With regard to structural standards, Section 4.3.3.E.13, there are mixed references as to how high above the base flood the lowest floor elevation is to be constructed (2 vs 3 feet above). A motion was made by Michael Murno to require all references to state 2 feet above base flood elevation, seconded by Elliott Nachwalter, Motion carried.

With regard to Critical Facilities Section 4.3.3.E.13.d, Charles Moore made a motion to revise reference to the 500 year flood plain to the 100 yr. flood plain, the reference to 1 foot above the base flood elevation to 2 feet above the base flood elevation, and the 2% annual flood height to 1% annual flood height, seconded by Elliott Nachwalter. Motion carried.

With regard to all revisions discussed, John William requested that Cat provide the previous edition with the deletions/additions highlighted in some form so that the APC can compare the two documents. Others on the Commission agreed and offered suggestions to highlight the changes. Cat will do the best she can to accommodate and will also resend the April edition.

  1. The Moscarello/Kelly site plan review was tabled as the applicant failed to attend.
  2. The Town of Arlington site plan review was presented by Nick Zaiac. All new structures shown on the plan will be anchored in concrete in the ground. The structures are play structures like monkey bars and swing sets and are composed of metal and plastic components sturdy enough to withstand flooding. Some excavation would be required to place new natural mulch on the ground to a depth of 9 inches. Michael Murno made a motion to approve the site plan, seconded by Elliott Nachwalter. Motion carried. Ron Weber, President of the Rec Park Committee, expressed his gratitude on behalf of the committee to the donors for the park improvements, to the Town Administrator for organizing the improvements and to the APC for their approval.
  3. Elliott Nachwalter brought up an issue regarding a violation of the Bylaw that he felt was not being addressed properly. The discussion was deemed Ex Parte and was dismissed until more information on the subject is brought forth.

Land Use Administrator’s Report for APC meeting for July 28, 2022 (prepared June 16)

– Zoning permits issued:

#3338 – Lot 03-1-04.001, 3587 River Road (Secoy): accessory building

#3339 – Lot 21-1-03, 150 Warm Brook Road (Brown): expanded deck

#3342 – 10-2-08, 2 Farm Road (Cummings): addition

#3343 – 01-1-13, 5754 Vt Rte 313 W (McCabe): garage

#3344 – 02-2-18, 795 Berwal Road (Holton): expanded deck

#3345 – 20-2011, 1190 East Arlington Road (Irwin): converting deck to sunporch

-Zoning permits pending:

#3325 – Lot 02-1-06, 4022 VT Rte 313 W (Menneto): base of operations

#3337 – Lot 13-2-15, 1803 Maple Hill Rd. (Gervaise/Pike): shed/storage, sawmill and base of operations

#3340 – Lot 06-3-01, 0 Vt Rte 7A (Rec Park): play structures, excavation/grading, variance

#3341 – 03-1-03, 67 Covered Bridge Road (Moscarello): base of operations

-Zoning permits denied:


-Compliance Letters issued:

80 Fisher Road, Lot 05-1-05

-Notice of Violation letters issued:


Jessica Roberts, LUA

7.21.22                                                                                        APC=Arlington Planning Commission    ZBA=Zoning Board of Adjustment

As there was no further business, Charles Moore made a motion to adjourn; seconded by Michael Murno. Motion carried.

Meeting was adjourned at 8:46 pm. Our next meeting will be a special meeting on Thursday August 25, 2022 at 7:00 pm.

Respectfully submitted, Michael Murno

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