TOWN OF ARLINGTON
PLANNING COMMISSION MEETING
Minutes of Meeting – Thursday October 26, 2023
Members Present: Garret Siegel, Sebastian Massey, Elliot Nachwalter, Sunjit Chawla (via zoom), John Murray and Michael Murno
Other Attendees: Joan Nash (Land Use Administrator), Nick Zaiac (Town Administrator)
Attendees from the Public: None.
Attendance Formats: Town Hall, Zoom Video Conferencing or Phone
The meeting was called to order at 7:00 pm by Chairman Garret Siegel.
A motion to approve the meeting minutes of our last meeting was made by Sebastian Massey, seconded by Elliot Nachwalter; motion carried
Public Comments Unrelated to the Agenda
There were no public comments.
New Business
We discussed the Land Use Administrators Reports of 8/25/23 to 9/30/23 and 10/1/23 to10/24/23 relative to the violations and the unusual length of time some violations are still posted. Specific references were made to Albert Vera, Kimberly Barnes, Kirsten Dahlgren, and Douglas and Nancy Tschorn (See LUA Reports below).
Chairman Garret Siegel started by pointing out that the next Bylaw will likely address Air B&B’s. The subject of Air B&B’s had been suggested for consideration during the recently completed Bylaw revision. Should the APC consider having an open meeting with the Town to solicit comments and to gather information regarding the Air B&B’s and their purpose? Is regulation required? What are other towns doing in this regard? The APC thought it is a bit premature to hold a public meeting on the issue, noting that owners would voice concerns about increased taxes on such properties and protecting their income. Gathering information’ however, is a good idea. The Town Administrator suggested registration of Air B&B’s rather than regulation with the purpose of having a registry for visitors to Arlington seeking places to stay and for emergency management purposes in cases of heavy snow removal and other emergencies. We should look at other town ordinances and registries for guidance. It was agreed, that initially, the APC would pursue the initiative of gathering information and developing a means of presentation to the owners of the town’s Air B&B’s.
Chairman Siegel also noted that the subject of affordable housing and how the town might encourage new building for such purposes would seem to be a logical subject for the APC to consider. With regard to affordable housing, reference was made to a recent East Arlington walk through sponsored by the state of Vermont’s Homes for All Project and the potential for in-fill housing. Garret referred to a map developed by the state that highlighted potential properties where in-fill is possible but stated that the property owners have not yet been approached. There is a State funded study now underway, with an architectural firm on board, to develop a planning toolkit showing where in-fill development is possible. The tool will be used to schematically represent developable lots in East Arlington. Arlington is one of five towns selected by the state to conduct such a study. The other towns are Rutland, Vergennes, Middlesex, and Bellows Falls. What is ideal about East Arlington is the potential for no waste water constraint in the near future. Arlington High School has its own waste water treatment facility which has a large excess capacity. In addition, a field behind the chocolatorium in East Arlington has been identified as a suitable site for wastewater treatment; engineering studies have been performed and the site has been earmarked. All development, if acceptable to the property owners, will be performed in accordance with state requirements and the local Bylaws. It was noted that current land owners may not be agreeable to such a plan for development. APC discussed some mechanisms/incentives to encourage property owners to agree, among which are tax abatement, development within PUD rules, petitions for spot-zoning with public approval. Another mechanism for development discussed was to consider the revision of zoning districts, particularly around the district edges to benefit the program.
We then discussed what would be the best way to discuss the potential of the model/plan to the property owners and developers. One suggestion, once the model plan is developed, was to have a property owners meeting at Town Hall with a Power Point Presentation and a question and answer period afterwards. Garret suggested that APC members think about means and methods to explain the potential of in-fill development and we will continue the discussions at our next meeting. Garret will make available to APC members the Homes for All Project presentation that was introduced at the town hall on October 19. potential.
Under other business, we discussed the need for an alternate APC member and Garret suggested Charles Moore, a former APC Chairman. Garret will approach Charles to see if he is interested.
As there was no other business, Michael Murno made a motion to adjourn seconded by Elliot Nachwalter; motion carried. Meeting adjourned at 8:58 pm. To avoid conflict with the November and December holidays, the next APC Meeting will be on December 14, 2023.
Respectfully Submitted By Michael Murno
Land Use Administrator’s Report for APC 8/25/23 – 9/30/23
Date range: 8/25/23 – 9/30/23
Permits issued:
Boundary line adjustment: 09-1-14.000 R Lederer, Richard 193 Old Depot Rd
Remodel entire residence: 02-22-01.000 CRR Sweeney, Stormy 2912 VT Route 7A
Pending Permits:
2023-07-06 3-2-13.001 ?? R Pickering, Fred 0 Pickering Hill 1 Lot Subdivision/ New residence (more information needed)
2023-03-28 19-2-01.000 CI McCauley, Douglas 1311 East Arlington Rd Accessory Dwelling Unit (Waiting on WW permit)
2023-08-10 13-2-13.000 R Hayes, Kevin 1091 Warm Brook Rd Tiny Home
Permits Pending APC: None
Permits Pending ZBA: None
Violations:
STORMY SWEENY 2912 VT Route 7A CRR 22-2-01 7/26/23: Construction w/o permits. Could not find a permit for the house, Accessory building(s), container storage(s), and the new roof in front of the garage door erected this past week. 8/1/23: Stormy Sweeney’s son, Jim Sears< came into the office regarding the NOV and said he had a permit. If he did, it is well past expiration, and we could find no permits since 2016 on the house before it collapsed, and the current structure is new from the ground up. 8/8/23: Jim Sears “(I haven’t found the permit because…) All my paperwork is in the back of one of those blue storage containers and it rains so often I can’t clear them out to get to it. Ive started filling out the new one so ill go that route and just get things updated, I guess. Thank you for your help with this matter… I’ll be in again at the end of the week” 8/15/23: No further word from Jim Sears. I emailed him that a formal NOV would go out if he didn’t bring the application and fee by Thursday 8/17. 8/18/23: Formal NOV sent to Stormy Sweeney.
9/26/23: Jim Sears provided a site plan and double fee for delinquency. New permit issued.
ALBERT VERA/ Claudia Castenada 27 Pleasant Street VR 20-1-21 Informal violation letter sent 7/20/23 for deck in floodway; reported to LUA by concerned citizen. 7/25/23: came into office to discuss violation and was told that it will need to be removed from the floodway. 7/27/23: Came into office to find out more about contacting the state of VT about the floodway designation. I explained that the town still has bylaws about floodway even if the state approves. Could cost $$ to get engineering reports, APC and ZBA meetings, etc.. Unlikely to be approved by the town. 8/8/23: Received email from JBC stating that the deck may be ok and to do an after-the-fact permit. Made no sense! Arranged a site visit. 8/11/23: Made a site visit and took more pictures and measured from water to the deck is 14’. Floodway in area of the deck is 31 feet from the thread of the river to the outer floodway boundary. Clearly the deck is in the floodway. Emailed JBC with this information and asked if he wanted to make a site visit, or what his opinion is. He has not responded. 8/22/23: Advised that they should put in an application, that I can’t approve, and they can appeal it so they can have a hearing. I did not sow any false hope! 9/30/23: Employed Mance Engineers to check BFE. If the deck is 1’ above BFE I will approve.
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.
3354 KIRSTEN DAHLGREN 5827 VT Route 313 West R 01-1-10 4/27/23: The Vermont Supreme Court rejected the Battenkill River Determination Appeal as Dahlgren filed is a day too late. 5/23/27: Sent out a new informal NOV on 3 points: Removal of cross from floodway, permitting process on all crosses on property (subject to setbacks) and raft on trailer by barn needs to be stowed in the barn when not in use. 6/15/23 formal NOV will be issued if not resolved. The Vermont Superior Court Environmental Division has acknowledged the appeal on the base of operations conditions that were approved by the ZBA. 6/15/23: Traveled to the vicinity on River Road and 313W to see if the crosses were still there. Took pictures of all three as evidence for the record that nothing had been done about them. NOV written and reviewed by Nick, sent certified w/ return card at PO. Nick forwarded it to the town lawyer. Lawyer for Dahlgren calling me, not returning call, Nick states our lawyer should talk to him after Dahlgren gets the NOV, not me since this is now litigation. 7/25/23 Heard from Dahlgren that she plans to apply for permitting of crosses in new area within setbacks and legal. 7/27 application received and approved for moving all 3 crosses within town setbacks. I advised that daily fines would continue to occur until crosses moved. Just having an application doesn’t suffice. 8/18/23 Crosses have not moved. 8/29/23: All three crosses have been removed. No longer in violation. 9/14/23: Elliott Nachwalter reported a trailer with raft left outside of the barn. I was in touch with Dahlgren immediately and the trailer was moved.
TSCHORN, DOUGLAS & NANCY 3351 VT Route 313 West R 03-3-03 Operating Kayak business w/o permit Tenant: Josh Enzensperger 3353 VT Route 313 West R 03-3-03 1/17/23 Letter to confirm no longer doing business 5/17/23 I’ve been keeping an eye on this situation. Enzensperger never contacted me to confirm no longer doing business, so I’ve been watching. There were a lot of Canoes / Kayaks on the property in April (maybe to sell them?), but since then fewer, and no movement. Will continue to monitor. 6/20/23: Been by several times and no obvious activity with kayaks. A few kayaks in the yard haven’t moved. 8/25/23 No change. 9/30 No change.
Certificate of Completion issued:
8/29/2023 06-03-44.000 VR/R Farley, Mike 4250 VT Route 7A 3347
8/31/2023 03-1-21.000 R Grega, Wayne 2577 River Road 3331
8/31/2023 05-1-06.000 R Gutbier, Erich 48 Deer Run 3323
8/31/2023 22-01-22.000 VR Hawley, Brian 98 Outback Dr 3315
9/1/2023 21-02-25.000 VR Rickstad, Eric 945 East Arlington Rd 3312
9/1/2023 13-1-16.000 R Rocklin, Michael 19 Blackberry Ridge 3291
9/5/2023 21-01-03.000 VR Brown, David 150 Warm Brook Rd 3339
9/5/2023 10-2-23.000 R Santabarbara, Tianna 0 Farm Road 3286
9/5/2023 10-1-32.004 R Sherman, Glenn 781 Old West Rd 3271
9/14/2023 20-02-11.000 VR Irwin, Benjamin 1190 East Arlington Rd 3345
9/14/2023 14-2-10.000 R Jordan, Peter 413 Warm Brook Rd 3322
9/19/2023 15-03-02.000 VR Naaktgeboren, David 4009 VT Route 7A 3310
9/19/2023 21-02-08.000 VR Stroffoleno, Jason 540 Buck Hill Rd 3346
Zoning Compliance Letters Issued: None
Inquiries:
8/29/2023 R Dahlgren Kirsten 5827 VT 313W
Email: How do I list my property as a farm? Would I get town issues or it’s not up to the town? I furnished information from the Agency of Agriculture.
8/29/2023 R Jones, Kate 1678 Old West Rd
Neighbor complaint about owners chickens: noise (she has no roosters), smell (neighbor is 750 feet away). I checked her deed and there are no restrictions in regard to farm animals.
8/29/2023 VR Keeler, Mary 64 Blair Court
Came in to discuss placement of RV for summer use where mobile home used to be. Advised that an RV cannot be used as a residence for more than 30 days. We discussed septic and I gave her contact info for the state and advised that they approve these. Nick was here and discussed town water – broken pipe, so shut off currently.
8/29/2023 R Perez, Ehrich 548 Vt Route 313W
Spouse came in today to discuss replacing the shed. Had discussed placement of the garage, but now they are thinking of just replacing the shed. The shed is very close to the property line, so advised not to exceed the footprint of the current shed.
9/19/2023 R Bertucelli, Louis 3319 River Road
Looking to buy property next door from Edgerton, which will need to be subdivided.
9/19/2023 VR Gunther, Jack 265 East Arlington Rd
Jack Gunther is working on moving the Arlington Food Shelf to this location. Issue with septic, that it needs to be pumped monthly. Researched with the state. May be eligible for “clean slate”
9/19/2023 R Hannerly, Ann 343 River Road
Looking to buy house. Questions re getting a CC, septic situation.
9/21/2023 CR Wilk, Chase 3784 VT Route 7A
Minor remodel. No permit needed.
9/26/2023 R Nicholson. Brenda 9 Mickeys Road
Questions re: permit requirements for a standard Generac installation and a small peaked roof to add over doorway (< 50 sq ft)
Complaints:
8/31/2023 Millette, Dustin 105 Twenty Acre Wood Complaint
Came in to complain about neighbor’s garbage being dragged on to his parcel. Showed me video of the terrible trail of garbage. Suggested that in addition to game warden (bears taking garbage) that he contact Nick.
9/14/2023 Woodard, Paul 645 VT Route 7A Complaint
Citizen complaining about “commercial” burning at 661 VT Route 7A. That the town had denied a permit for his business, but he is continuing anyway. Jamie Paustian gave him a burning permit at some point, but he doesn’t know when it is good for. Very upset about the constant smoke and risk of fire. Said he’s having to spend $$ on lawyers now because no one will listen. He has talked to Jamie and Nick who dismissed him. took to selectboard, who then sent him back to me “zoning matter”. Woodard has pictures and videos of large truck hauling in wood and brush from 2021 to present. I looked at Pike’s deed and it is restricted for a residence only. I told Woodard that I can’t help unless he wants to take it up with APC regarding burning regulations. The best thing he can do is to take Pike to court. The deed will be upheld!
9/21/2023 VR Roberts, Jessica 35 Andrews Lane Complaint
People living in RV, VCS sign on the road, etc.. I contacted Vermont Country Store to take down the advertisement, which was done a few days later. Now I’m monitoring property and taking pictures to try to prove that people are living in the trailer. Once I feel I have enough proof, I will send out a violation letter.
Land Use Administrator’s Report for APC 10/24/2023
Date range: 10/1/23 – 10/24/23
Permits issued:
2023-10-12 06-2-05.000 R 146 Laver Rd Porches / Decks (replaced expired permit)
Pending Permits:
2023-07-06 3-2-13.001 ?? R Pickering, Fred 0 Pickering Hill 1 Lot Subdivision/ New residence (waiting on surveyor to make minor site plan changes and write new deed descriptions)
2023-03-28 19-2-01.000 CI McCauley, Douglas 1311 East Arlington Rd Accessory Dwelling Unit (Waiting on WW permit)
2023-08-10 13-2-13.000 R Hayes, Kevin 1091 Warm Brook Rd Tiny Home
Permits Pending APC: None
Permits Pending ZBA: None
Violations:
ALBERT VERA/ Claudia Castenada 27 Pleasant Street VR 20-1-21 Informal violation letter sent 7/20/23 for deck in floodway; reported to LUA by concerned citizen. 7/25/23: came into office to discuss violation and was told that it will need to be removed from the floodway. 7/27/23: Came into office to find out more about contacting the state of VT about the floodway designation. I explained that the town still has bylaws about floodway even if the state approves. Could cost $$ to get engineering reports, APC and ZBA meetings, etc.. Unlikely to be approved by the town. 8/8/23: Received email from JBC stating that the deck may be ok and to do an after-the-fact permit. Made no sense! Arranged a site visit. 8/11/23: Made a site visit and took more pictures and measured from water to the deck is 14’. Floodway in area of the deck is 31 feet from the thread of the river to the outer floodway boundary. Clearly the deck is in the floodway. Emailed JBC with this information and asked if he wanted to make a site visit, or what his opinion is. He has not responded. 8/22/23: Advised that they should put in an application, that I can’t approve, and they can appeal it so they can have a hearing. I did not sow any false hope! 9/30/23: Employed Mance Engineers to check BFE. If the deck is 1’ above BFE I will approve. 10/24/23: Mance engineers have been to the property, but no report yet.
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.
3354 KIRSTEN DAHLGREN 5827 VT Route 313 West R 01-1-10 4/27/23: The Vermont Supreme Court rejected the Battenkill River Determination Appeal as Dahlgren filed is a day too late. 5/23/27: Sent out a new informal NOV on 3 points: Removal of cross from floodway, permitting process on all crosses on property (subject to setbacks) and raft on trailer by barn needs to be stowed in the barn when not in use. 6/15/23 formal NOV will be issued if not resolved. The Vermont Superior Court Environmental Division has acknowledged the appeal on the base of operations conditions that were approved by the ZBA. 9/14/23: Elliott Nachwalter reported a trailer with raft left outside of the barn. I was in touch with Dahlgren immediately and the trailer was moved. 10/24/23: No further issues.
TSCHORN, DOUGLAS & NANCY 3351 VT Route 313 West R 03-3-03 Operating Kayak business w/o permit Tenant: Josh Enzensperger 3353 VT Route 313 West R 03-3-03 1/17/23 Letter to confirm no longer doing business 5/17/23 I’ve been keeping an eye on this situation. Enzensperger never contacted me to confirm no longer doing business, so I’ve been watching. There were a lot of Canoes / Kayaks on the property in April (maybe to sell them?), but since then fewer, and no movement. Will continue to monitor. 6/20/23: Been by several times and no obvious activity with kayaks. A few kayaks in the yard haven’t moved. 8/25/23 No change. 9/30 No change. 10/24/23: I’m taking this off of the violations list since no activity has been seen for the entire 2023 season.
Moffitt, Eric 35 Andrews Lane VR 20-2-16 On watch for RV residency violation
10/24/23 I have been observing at least a couple of times a week over the past month. I don’t think I have enough of a case that people are living full time in the RV, although the neighbor across the street claims they’ve been there for months. Will continue to monitor.
Certificate of Completion issued:
2023-10-03 10-1-19.000 R Hill Leslee 4748 VT Route 7A 3298
2023-10-10 14-2-10.000 R Jordan Peter 413 Warm Brook Rd 3322
2023-10-03 01-01-13.000 R McCabe James 5754 VT Route 313W 3343
2023-10-03 10-1-16.300 R Wilcox John & Robin 5110 VT Rte 313W 3363
Zoning Compliance Letters Issued:
2023-10-17 13-2-28.000 R Bilka 37 Cemetery Rd No issues identified
Inquiries:
2023-10-24 17-2-23.000 VR Gunther, Jack 265 East Arlington Rd Septic issue resolution
2023-10-03 06-3-23.000 CCR Rablogan Castle 5187 VT Route 7A Accessory Buildings
2023-10-17 02-3-05.000 R LaCroix , Chris 3402 VT Route 313W Subdivision, minor
2023-10-19 12-3-10.000 R Nichols , Ken 530 Vt Route 313 W Property boundaries/ setbacks
Complaints:
2023-10-03 09-2-19.100 R Woodard Paul 645 VT Route 7A
RE: 09-2-19.003 R Pike Blake 661 VT Route 7A Commercial burning (APC – Will discuss)