Town of Plymouth
PLANNING COMMISSION
MINUTES
February 3, 2015
The meeting of the Planning Commission (collectively, the “Commission”) opened at 7:01PM.
– Members of the Planning Commission: Michael Coleman (Vice Chairman), Karen Bruyn, Tom Derlinga, Judy Michael, Anne Brown, Bill Cherico and Lee Kafer.
– Jim Allen, Zoning Administrator.
– Ralph Michael, on behalf of applicants Judith Gerber and Rodney and Fellicitas Leonard.
– No others in attendance.
The Commission unanimously approved the September 2, 2015 meeting minutes.
As a first order of business, the Commission announced that the former Chairman, Wendell Beckman has stepped down and that the Commission will be seeking a new Chairman at the next meeting, in addition to other electoral positions. Despite Mr. Beckman’s absence, the Commission praised Mr. Beckman’s leadership over the past year.
The Commission then discussed the appropriate process for selecting the next chairman. It was clarified that the Commission may nominate a candidate to the Selectboard to fill any open positions and that it would vote on a new chairman at the next meeting. In the meantime, the Commissioned unanimously agreed that Michael Coleman, acting within his capacity as Vice Chairman, should lead the public hearing and sign any decisions from tonight’s meeting.
PUBLIC HEARING
The Commission opened the public hearing for Application #2015-0001 to Rodney and Felicitas Leonard. The following information regarding the application was developed through the presentation of Ralph Michael on behalf of Rodney and Felicitas Leonard and questioning from the Commission.
The applicants seek subdivide their property into Parcel 1 and Parcel 2. A primitive camp and small pond are situated on proposed Parcel 1. Except for the area around the camp and pond which is open, the remainder of the subdivision is forested. No landscaping, utility lines or manmade unique features exist on the land to be subdivided. The streets are Bradley Hill Road, Lynds Hill Road and Hale Hollow Road. There is a driveway to the cabin on Parcel 1, where there is also ample parking. No off-street parking facilities are proposed on Parcel 2, which is unimproved and to be deferred from State permitting for wastewater and potable water supply.
Before the Commission discussed the application, Vice Chair Michael Coleman noted that the application is one of the best he has seen before the Commission. Mr. Michael added that the application was submitted a few days before last month’s planned public hearing and confirmed with Judy that notice was properly sent.
A further discussion of notice to abutting properties ensured. Bill Cherico inquired how the Commission knows whether all abutting properties have been properly notified. He suggested that the Commission receive a copy of a statement that went out to the abutters with a receipt showing that all notices were indeed sent. Jim Allen clarified that a receipt confirming the transaction is kept on file at the town office. In addition, members of the Commission noted that abutters must be notified at least 10 days prior to a public hearing before the application may even come before the Commission. Moreover, the Commission may challenge an application during a public hearing if the applicant fails to list all abutters.
Returning back to the application at hand, Mr. Michael pointed out that the primitive camp described on Parcel 1 does not require a permit and that the deed will have read:
Parcel 1 and 2 as show on survey plat are exempt from State of Vermont permitting under the Vermont Environmental Rules, Chapter 1, Wastewater System and Potable Water Supply Rules, effective September 29, 2007
Mr. Michael went on to further describe the land’s intended use. Parcel 2 will be conveyed to a prospective purchaser. Mr. Michael noted that a land survey of Parcel 2 has already been recorded in the town records. Mr. Michael intends to include the exemption language, as provided above, in the deed of conveyance in order to protect his clients from all sides.
Mr. Coleman inquired the sloping of the property. In particular, he asked whether the area was subject to flooding. Mr. Michael answered affirmatively, noting that some of land is rather steep. Mr. Coleman further annunciated that the land is also composed of flat areas around the radius of the property.
Mr. Coleman also asked about historical sites. Mr. Michael went on to explain the history of the property and clarified that it was home to an old hotel and carpentry workshop. In the surrounding area are old stone mills from past settlements for generating power.
No other comments or questions were forthcoming. A motion to close the public hearing was made, seconded, and unanimously passed.
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The Commission opened the public hearing for Application #2015-0002 to Judith Gerber for a conditional use permit.
Before proceeding, the Commission presented a letter from Judith Gerber, which stated her intent to subdivide her property into Lot 2A and Lot 2B. According to the letter, Ms. Gerber inherited Lot 1 and Lot 2 from her late mother. Ms. Gerber would like to subdivide Lot 2 into two distinct parcels. The letter states that Ms. Gerber intends to sell one lot and keep the other land for her children.
According to a survey plat of the proposed subdivision, Lot 2A is a 10.1 acre parcel with a single family residence and existing out buildings. Proposed Lot 2B is unimproved land (mostly forested), which is exempt from 1-304(a)(2)(A) of the Vermont Environmental Rules, Chapter 1, Wastewater System and Potable Water Rules effective September 29, 2007. This language will be included in the deed for Lot 2B. A state subdivision permit is not necessary to make Lot 2A smaller.
Ralph Michael noted that Ms. Gerber does not need a state permit and that additional language will be included in the deed to this effect.
Mr. Coleman inquired about the small or existing lot language, noting that you cannot make a property worse. Members of the Commission clarified that the subdivision is with state requirements for a subdivision permit.
Discussion further ensued regarding the depth of the lots. Mr. Coleman asked how the Commission measures the depth of lots. Ralph Michael noted that Lot 2 has a setback of roughly 60 feet from the center of the road (H-L on the survey map). Mr. Coleman stated that he thought the depth was measured based on the right angle of the road. Mr. Michael provided further clarification, noting that it is not the intent of the legislature to measure depth based on right angle calculations. Tom Derlinga further stated that this rule was enacted in response to “spaghetti lots.” Jim Allen noted that there is a preexisting 7 acre line and that this is basically a boundary line adjustment. Mr. Coleman noted that technically the proposed subdivision is indeed a subdivision and not just a line adjustment.
The Commission noted that the Gerber family previously came before the Board for a permit to subdivide Lot 1 and Lot 2. The lots were also altered by a boundary line change when Lot 1 was conveyed to Kaminiski, which didn’t require a permit.
Discussion returned back to the depth of the lot. Mr. Coleman noted that the depth of Lot 2A, if measured based on the right angles of the road, is roughly 50 feet. Ralph Michael noted that this is not a good definition because the road is on a curve and therefore should be measured based radials.
Regardless, the Commission agreed that the subdivision was appropriate based on the fact that each lot was at least 10 acres large.
No other comments or questions were forthcoming. A motion to close the public hearing was made, seconded, and unanimously passed.
The Commission closed the public meeting at 7:29pm.
DELIBERATIONS AND OTHER BUSINESS
The Commission discussed the Vermont League of Cities and Town’s (VCLT) 2014 Open Meeting Law. The VLCT provides model rules for procedures that the Commission to follow in their communications and are available online on their website.
Mr. Cherico addressed a concern he had with this month’s communications. The Commission further discussed applicable rules for communicating via email. The Commission agreed that email is an acceptable medium to distribute a meeting agenda as long as the subject matter is administrative. For example, Mr. Coleman noted that any decision the board makes falls under the open meeting law.
The Commission also discussed setting the meeting agenda. Jim Allen mentioned that the reason we start hearings at 7:15pm, 7:30pm, etc. is so the Commission has time to discuss any new business or elect a new chairman. Mr. Cherico noted that the Commission needs more time to discuss roles and positions for the new elections.
Ralph Michael, as a non-voting member of the Planning Commission, commented on the Commission’s communications. He specified that the Commission should not discuss anything procedural or make any decisions under the open meeting rule.
In addition, Mr. Michael noted that, as of today, the Zoning Board of Adjustment has 8 members. According to town rules, both the Planning Commission and Zoning Board must have an odd number of members. The Commission must choose to either excuse one of the current members or have the Selectboard appoint a new member. The Commission discussed this issue and agreed that they will advertise the position on Town Meeting Day, in the newspaper, and through other public sources. They hope recommend a candidate to the Selectboard before their next meeting.
Discussion returned back to the open meeting law and emailing procedures. Karen Bruyn further clarified that the Commission should not be having discussions or making decisions with applicants without holding a public meeting. Some members noted that they did not know if they should respond to some of the emails that have been distributed over the past couple of months. Mr. Cherico noted that the rule was implemented to promote transparency. Another member of the Commission further stated that if they need to discuss anything of substance, they are able to call a special meeting provided there is notice.
Mr. Cherico asked how to determine whether an email overreaches the open meeting law. Mr. Derlinga clarified that when emailing everyone, the communications are subject to open meeting restrictions. A suggestion was made to CC the members of the Commission when sending special documents.
Moving on, the Commission noted that the next public meeting conflicts with Vermont’s Town Meeting Day. Mr. Cherico asked if the Commission could make a motion to reschedule the town meeting. A motion to move the next public meeting to March 10, 2015 was made, seconded, and unanimously passed. It was clarified that the agenda will be distributed to everyone via email, provided that the applicants are listed before the start of the meeting.
Judy Michael stated that the Commission shouldn’t allow as much time to go by between public meetings, noting that the last meeting was in September. Ms. Michael would prefer to meet at least every other month. The Commission discussed whether they should plan ahead to meet every other month or if it is better to decide after the last meeting. Jim Allen noted that it is hard to plan ahead because they do not know what applications they have to review until the 10th of each month. Mr. Cherico stated that even if there are no pending applications for next month’s meeting, the Commission should meet to discuss new business and elect members for executive positions. After further discussion, the Commission agreed that an agenda should be sent out everyone month. If there is nothing on the agenda, there will be no meeting, unless a member of the Commission would like to add something. Anne Brown further stated that they have an obligation to approve monthly minutes within a reasonable time frame.
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The Commission then commenced deliberations on Conditional Use Application for Rodney and Felicitas Leonard, Application #2014-0001 dated January 2, 2015, determining as follows:
The Commission reviewed the application standards under Section 4.14.1 of the Plymouth Zoning Bylaw:
4.14.1: Application #2015-0001 for a Conditional Use Permit was received on January 2, 215 for Rodney and Felicitas Leonard.
4.14.1.1: A copy of the tax map showing the location of the Leonard property as it is related to existing public roads and highways was included in the application. The property address is 1027 Bradley Hill Road.
4.14.1.2: A statement of use and a list of three abutting landowners were attached in the application. The following parcels abut the applicants property with their names, address and property uses:
· Parcel 9–37: Roads End Realty, c/o Donald E. Day III, 18 Adsit Court, Burlington, VT 05401– Single family residence on 42 acres.
· Parcel 9–67: State of Vermont, Forests Parks and Recreation, 103 South Main Street, 10 South, Waterbury, VT 05671-0601– Public lands on 2194 acres.
· Parcel 9–66: Jack Petropolis and Lynn Spedone, 1 Kemp Street, Groton, MA 01450– Seasonal camp on 31.7 acres.
· Parcel 9–31: Christian and Cynthia Gomes, 77 Country Club Road, Bellport NY 11713– Single family residence on 16 acres.
· Parcel 9–21: Jean E. Kratzer, 855 Rue De Feneres, 01710 Thory, France– Unimproved forest land on 108.49 acres.
· Parcel 9–39: Michael and Melissa Lynds, PO Box 140, Plymouth, VT 05056– Primitive camp on 1 acre.
4.14.1.3: Both a statement and map were received in the application indicating the relationship of the proposed development to adjacent land uses. Relationship of Leonard property is shown on the Vicinity Map attached to the application (see 4.14.1.1 ad 4.14.1.2 above).