Planning Commission Meeting Minutes 6.27.19



Minutes of Meeting – Thursday June 27, 2019

Members Present–John Williams, Charles Moore, Chris Heins and Bill Henry (Land Use Administrator

Others Present: None

  1. The meeting was called to order at 7:10 pm by John Williams.
  • Once again, we just had a quorum to approve decisions.  We need each member and alternate to email all others if they cannot attend the next meeting as early as possible. 
  • The meeting minutes of May 23, 2019 were accepted as revised and approved.
  • The following Land Use Administrators report for June was presented by Bill Henry. 

             June Monthly Report:          

The following zoning permits were issued:

#3187- Fred and Donna Bushee, 96 School Street, new shed (variance approved by the ZBA).

#3189 – Patricia McKee, 3894 VT RT 313 W – relocate a shed.

#3191 – John Santarcangelo, 3123 VT RT 7A – new deck.

 Zoning Permits pending:

#3188 – Town of Arlington, Rec Park, new benches and resurface    

paths in the flood hazard area. Comments received from State (see                                              attachment). ZBA conditional use approval required.

#3190 – Robert Stockoff, 5038 River Road, 3 Stall Barn and Hay Shed in a flood hazard area. Under review by State. ZBA conditional use required.

#3192 – David Elwell, 186 Windy Knoll Road, new shed.

#3193 – Carolyn Blitz, 39 Ice Pond Road, enclosed porch, new deck, new garage, ramp. Requires boundary line adjustment with 81 Ice Pond Road.                                                          

Other activities:

 241 Raven Rock Road – Notice of Violation issued for operating Aaron Septic and Drain, LLC without a “base of operations” permit. Update: Complaint filed by Attorney Joe O’Dea with the Environmental Court, denied by resident, call with court set for 6/24/19.

133 East Arlington Rd. – State issued Notice of Violation 01/31/19 for septic system, not received by resident, but was hand delivered by State 03/28/19. Owner claims notification that a State grant has been received which will allow for construction of a septic system and to become current on delinquent mortgage. Update: No documentation on grant received despite requests. State has contacted resident and granted some time to secure grant.

1398 Old West Rd., pursuing a parked truck trailer for permit requirement. Update: Resident is planning to build a garage(permit issued by Al Godreau) and will remove truck trailer when complete. Trailer was for winter storage awaiting warmer weather to pour a foundation. Update: no progress reported to date, will investigate.

Other inquiries:

I am in discussions with the owner of a dilapidated house at 3104 RT 313 W. While there is agreement to tear it down and dispose of it, it is a financial burden to the owner. The owner is proposing to do this in stages and is looking for guidance to reduce the cost? Jamie Paustian confirmed that it is not a candidate for fire dept. training (due to location and state approvals required, asbestos, etc.).

I am investigating a complaint of smoke from a wood boiler installed in the past year.

  • We agreed that the land use district should be identified for each item in the Land Use Administrator’s report.
  • We discussed the suggested items for further discussion for the 2019 Bylaw in Michael Murno’s 6-24-19 email and Bill Henry’s 6-25-19 email.  All Planning Commission members received copies of these emails before the meeting.  We made the following decisions on changes to the 6-11-19 draft 2019 Bylaw.

a.  Bill Henry will work on a short definition for outdoor hydronic heaters (wood boilers) to include in the draft 2019 Bylaw.

b.  The current 2013 bylaw on fences will remain the same in the 2019 bylaw.

c.  We will get community comments in our warned public hearing on the need for a conditional use permit for wood boilers in the village use district.

d.  Bill Henry will add a final item at the end of each permit for each applicant to sign and date upon completion of the permitted project.  For every zoning permit issued, the applicant is required to obtain a Certificate of Completion signed by the Land Use Administrator.

e.  The current 2013 bylaw on setbacks for the rural district will remain the same in the 2019 bylaw.

f.  Bill Henry will not extend the life of each permit from 1 to 2 years.

g.  Bill Henry will ask the Fire Chief, Jamie Paustian, if registration of unoccupied properties would be useful.

h.  The following editorial corrections will be made to the current 6-11-19 draft 2019 Bylaw.  Add a dash between the words VILLAGE and RESIDENTIAL in the text and table of contents.  Change all references to Accessory Dwelling Unit to section 7.16 in the text and table of contents.  Change all references to Family Child Care Facility to section 7.17 in the text and table of contents.  Change all references to Board of Adjustment to Zoning Board of Adjustment in the text and table of contents.  In Flood Hazard Areas section 7.12.3.a, change reference to section 7.12.5 to 7.12.7.  Change all references to “cluster subdivision” to “subdivision or development”

i.  Remove the last sentence in section 7.16 on Accessory Dwelling Units.

j.  In the Manufactured Home and Travel Trailer Occupancy section 7.7.1 add the word “and” before “is suitably anchored”.

k.  In permissible uses in districts for Accessory Dwelling Unit remove “entirely within an existing building” in all instances.

l.  In the Ponds sections 7.13.1 and 7.13.2 change the restriction limits from 40,000 square feet to 10,000 square feet.

m.  In the Fees section 8.5 change the payable to statement from “Treasurer of the Town of Arlington” to “Town of Arlington”.

n.  In the Site Development Plan section 8.6.1 add between the words “developments” and “shall” the words “development in flood hazard area or wetland”

  • We agreed to get the approval process underway ASAP we need to approve the minutes of this meeting and the resulting modifications to the draft 2019 Bylaw as soon as possible.  Therefore, John Williams will issue these minutes and the resulting revision to the draft 2019 Bylaw at once.  Each attendee of this 6-27-19 meeting will review both the minutes and the latest revision of the draft 2019 Bylaw and issue an email with comments on revision or approval as soon as possible.  Once we agree on an approved revision of the draft 2019 Bylaw, we will schedule a special meeting to approve the Bylaw with the attendees of the 6-27-2019 meeting.  Then John Williams will work with Robin Wilcox to send copies of the draft Bylaw to the planning commission chairs or clerks of adjoining towns and BCRC by certified mail, return receipt requested and Department of Housing and Community Development, DHCD, as a pdf file by email.  Then Bill Henry can schedule a warned public hearing meeting with 15 days’ notice.

Charles Moore approved the minutes and recommended that the list of Select Board members in the Rev 6 6-28-19 draft 2019 Bylaw be current with Matt Bykowski replacing Reggie Jennings.  This change was made to the next Rev 7 of the draft 2019 Bylaw.

Bill Henry requested changes to the minutes and the following changes to the Rev. 6 6-28-2019 draft 2019 -Bylaw.

– remove “Accessory Dwelling Unit” from Conditional Use in every zoning district.

– Add the following new definition for outdoor hydronic heaters.

Outdoor hydronic heaters (formerly referred to as outdoor wood boilers or OWBs) are residential or small commercial wood-fired water heaters that are located outdoors or are separated from the space being heated. The wood burned in the large fire boxes heats water that is circulated into the home through underground pipes. The energy may be used to heat houses, shops, domestic hot water, greenhouses, swimming pools and spas.

            These changes were made to the next Rev 7 of the draft 2019 Bylaw.

The meeting was adjourned at 8:58 pm. The next regular meeting is scheduled for Thursday, July 25, 2019 at 7:00 pm.

Respectfully Submitted by: Chairman, John Williams

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