MEMBERS PRESENT:       Dick Elkins (Chairman); Brian Precourt, Kate Lalley, Ron Bouchard, Sam Chauncey. (Tucker Holland and Daren Jorgensen were absent.)

STAFF PRESENT:                Dean Pierce, Town Planner.

OTHERS PRESENT:            Dorothea Penar, Sean McFadden, Don Rendall, Mark Naud, Peter Gibbs.

Chairman Dick Elkins called the meeting to order at 7 PM.

 

The discussion of the noise ordinance was deferred in the absence of Daren Jorgensen.

 

Peter Gibbs, Chairman of the Shelburne Development Review Board, invited the Planning Commission to a joint meeting on 9/15/10 or even a series of meetings with the DRB to begin dialogue on the town’s zoning regulations. Mr. Gibbs will forward a list of potential topics to the Planning Commission.

 

The Planning Commission reviewed a copy of the survey. There will be links to the survey from the Shelburne Community School newsletter and the Pierson Library. An “email blast” will be done next week along with an insert or page in the local newspaper. UVM students will analyze the data.

 

Postponed.

 

The Planning Commission reviewed the draft text and made the following edits:

·        Objective #1 - last sentence should read “…updated on a regular basis as suggested by the Natural Resource Committee with recommendations of the SNRCC.”

·        Objective #2 should read “…ensure that the resources identified on the above mentioned maps exist for the use and enjoyment…”

·        Object #3 - delete the word “any” so sentence reads “…designed to minimize conversion of productive agricultural lands.”

·        Objective #7 – delete “existing and” from the sentence.

·        Objective #9 should read “Direct development in a way to minimize undue adverse impacts on the town’s scenic beauty, open lands, shorelines, and ridgelines….”

·        Recommended Actions #6 – add “including recreation” after “appropriate uses” in the sentence reading “The management plans shall address such matters as appropriate uses…”

·        Recommended Actions #7 should read “Where appropriate consider ceding long term management and/or stewardship of town owned lands….”

·        Recommended Actions #8 – delete the bullet reading “Clarify that land that is very unsuitable for development shall not be considered when determining density.” and delete the word “appropriate” in the bullet reading “Incorporate Low Impact Development….”

·        Actions Specifically Related to Wildlife Habitat #2 should read “Create a wildlife habitat overlay district that will identify the most important habitat features in town. The map’s intention is to protect wildlife resources within this overlay district.”

·        Actions Specifically Related to Water Quality #2 – delete the sentence reading “It’s unclear whether existing buffer requirements provide adequate protection of water quality.”

 

There was brief discussion of national register districts versus local historic and cultural resources districts and the rationale to include a list of historic places in the town plan. Dorothea Penar noted there are different designations. Typically, national register districts are less restrictive than local districts. The Planning Commission will further review the Historic and Cultural Resources policies at the next meeting.

 

Postponed to the next meeting.

 

Dick Elkins spoke against allowing residential uses, especially elderly housing, in the Commerce & Industry District due to potential adverse impact on future commercial or industrial development in the zone. Pizzagalli may still be interested in an industrial opportunity in the area. Mr. Elkins had no opposition to retail or office use in the district, and suggested the zoning changes that have been made be fully tested before further change. Brian Precourt pointed out the existing industrial park has been vacant for the past 25 years. It is possible the zoning (Commerce & Industry) is not right for the area. Elderly housing is allowed in the Mixed Use zone which abuts Commerce & Industry. Mr. Precourt spoke in support of adding the Ondovchik lot to the Mixed Use zone. Sam Chauncey favored allowing elderly housing because the land has been vacant for a long time and the proposed use is a tax revenue generator. Ron Bouchard agreed the area is not working as an industrial park, and in light of the effort to promote elderly housing in the town, the zoning change should be made. Mr. Elkins mentioned that landscaping and screening requirements for the Mixed Use zone will apply to the lots. Light manufacturing is also allowed. Brian Precourt suggested flexibility in screening so the screening is most effective where needed. For example, Kenworth Truck is not concerned with Tractor Supply being screened from view, but nearby residents want screening. Following further discussion there was agreement to move forward with adding the three lots to the Mixed Use District and analyzing the impact of the regulations (such as landscaping requirements) on a manufacturing use. Also, the density for hotels/motels will be researched.

 

Brian Precourt mentioned fleet fueling facilities want to locate on Route 7. Sam Chauncey pointed out the Handy family is proposing a convenience store and gas station and there is some merit in a community convenience store in an area where there is no other shopping for bread and milk items. Also, the town needs to be responsive to requests from individuals who have proposed development plans. Following further discussion there was agreement the issue of allowing gas stations in town will be postponed until the survey results are received (there is a question on the survey about gas stations).

 

Mark Naud mentioned factors on the property that have diminished the value for industrial development including the 100’ perimeter setback, wetlands, designated area for a rail spur, VELCO power line, Champlain Water District water main, and the Bay Colony easement. Of the 35 acre parcel approximately 20 acres are available and of that about 12 acres are developable. Much effort has been made over the years to develop the property with an industrial use without success. Flexibility is needed for economic development on the property to occur. Work force type housing is one possibility or fleet fueling using rail for transport of fuel to the site. There was further discussion of housing on the site, access, and screening. Mark Naud said allowing moderately dense residential housing on the site meets many of the town’s goals to increase density in the village, create opportunity to use public transportation, create additional recreational corridors, and offer affordable housing. There could be a mix of uses on the site along with the housing such as daycare facilities, small retail stores, a café, and others. A minimum of 70 housing units would be needed to be viable. What is on the site now is more like mixed use than commerce and industry, stated Mr. Naud. There was mention of the issue of the railroad crossing and having an area for industrial development if the economy rebounds. Mark Naud pointed out Commerce & Industry South has industrial space available. Sam Chauncey observed more people living within walking distance of the center of the village makes the village more vibrant. Having a fuel dispensary is contrary to this goal. Following further discussion there was agreement to move forward with a change to Mixed Use and staff will analyze the impact on the site of the requirements for Mixed Use, such as landscaping.

 

No further report to the staff memo, dated 9/2/10.

 

Historic and Cultural Resources

Growth and Development Policies

 

Postponed.

 

None.

 

 

The meeting was adjourned at 10:30 PM.

 

MEMBERS PRESENT:       Dick Elkins (Chairman); Brian Precourt, Kate Lalley, Ron Bouchard, Sam Chauncey, Tucker Holland. (Daren Jorgensen was absent.)

STAFF PRESENT:                Dean Pierce, Town Planner.

OTHERS PRESENT:            Frank and Judy Cole, Dorothea Penar.

Chairman Dick Elkins called the meeting to order at 7 PM and announced Daren Jorgensen resigned from the Planning Commission due to work schedule conflicts. Thanks and appreciation for his service on the Planning Commission were extended to Mr. Jorgensen

 

Update on Public Service Board rulings on the Cole application will be heard following the public comment portion of the meeting.

 

There were no comments from the public.

 

Dean Pierce reported a prehearing conference on the Cole wind turbine was held on 9/22/10. The Public Service Board is investigating in response to a letter of concern submitted by neighbors to the Coles. The Coles feel they should not have to take down the turbine while the investigation is ongoing. On August 2, 2010 another replacement turbine (the fourth) was installed. The whine and buzz noises were eliminated, but not the whirring, helicopter sound. Noise level pre- and post-installation was discussed at the PSB meeting. One direction that may be taken is to look at noise standards for residential wind turbines versus simply looking at a singular unit. The extent of involvement allowed for the town may be to show that Shelburne has noise standards with specified decibel levels. The town does not want to have to hire a noise consultant. The application must comply with the law. If there is not a noise standard in place then the Quechee analysis is applied and the PSB will have to determine the level of standard and if there is a violation. The town needs to decide whether to submit a motion to intervene and make a point about the standards in the zoning regulations or just have staff continue to work on a stand alone noise ordinance and allow the PSB to rely on the information that has been submitted which includes information on the noise standards in the zoning. The consensus of the Planning Commission is not to file a motion to intervene.

 

Frank and Judy Cole confirmed the whining noise from the turbine is gone and noise from traffic on the nearby road exceeds the whirling sound of the turbine.  The “thumping” helicopter noise is not heard inside the house unless the windows are open and even then it is not a loud or bothersome noise. Only the neighbor who borders the property has complained. Other neighbors in the area have not complained about the wind turbine.

 

Dean Pierce reported Shelburne News had a preview article on the survey. The survey insert will be in the newspaper on the 30^th. The survey is also available on-line.

 

Following discussion, wording in the goal under ‘Population Growth’ was changed to read: “To manage the growth of the community so that population grows by no more than an average of 110 persons per year over the coming 20 years.”

 

Following discussion of the business sector and the town partnering to develop an economic plan, the first sentence of the introductory paragraph of Economic Development was rewritten to read: “Economic development (i.e. activities carried on jointly by the town and the business community and other non-residential enterprises located in a community) is important for a number of reasons.” Also, added to the list of recommended actions is: “The town needs to designate a town economic development commission made up of both town officials and private sector individuals commissioned to draft an economic development plan.” Added to the end of the sentence in Recommended Actions #3 is: “and have expedited review” (sentence reads: “…development in areas designed for such uses in the Land Use section of this Plan and have expedited review.”).

 

Under ‘Community Utilities, Facilities, and Services’, the recommended action pertaining to the town beach was deleted because the work is complete.

 

There was discussion of the introductory paragraph for historic and cultural resources in town. The Planning Commission agreed to remove the reference to the Sutton Farm because it gives the appearance that farm is the only farm in town, and to add Shelburne Beach to the list of historic sites.  There was also agreement the goal should read: “To identify, preserve, and protect the character and defining elements of the built environment and landscapes. These include historic structures, historic areas, significant views and objects of historical, cultural, and archeological significance. These elements contribute to the sense of place, identity, evolution, ownership and community that defines the Town of Shelburne.”

 

In Objective #4, “and the Shelburne Craft School” was deleted.

 

Under Recommended Actions, insert “by Shelburne Historic Preservation and Design Review Committee” after the word ‘recommended’ (to read: “…actions are recommended by the Shelburne Historic Preservation and Design Review Committee for achieving…”). Dorothea Penar mentioned the benefits of listing sites on the National Register to protect them from development. There was agreement to rewrite Recommended Action #7 to read: “Ensure that improvements to Shelburne Road (Route7), the LaPlatte River to the north and Bostwick Road to the south, are compatible with the visual and functional scale of the village area. There was also agreement to preface Recommended Action #8 with “Shelburne Historic Preservation and Design Review Committee” so it is clear what entity will develop an educational outreach program to promote Shelburne’s history and historic resources.

 

Letters from Pizzagalli Properties, LLC, dated 9/20/10, and Ginny Ockert were received in opposition to the zoning change requested by Mr. Ondovchik. Brian Precourt stated if a property owner in the zone does not want a change in zoning then so be it. There was discussion of the feasibility of allowing an elderly housing use in the Commerce and Industry zone (perhaps with some changes to the screening requirements). Ron Bouchard commented Mixed Use seems to present a better option to the landowner. It may be worth looking at other lots for a change in zoning. Following further discussion the Planning Commission agreed not to change the zoning at this point in time and to revisit whether Commerce and Industry is the right zoning for the district. Dean Pierce will notify the Ondovchiks of the Planning Commission’s decision.

 

Dick Elkins spoke against the change to allow residential on the Naud parcel due to what surrounds the property (conservation land, wildlife habitat, wetlands, the railroad crossing). Also, the town plan does not call for going outside the village area where growth is concentrated. Ron Bouchard agreed the railroad crossing is not conducive to residential development, but Mixed Use zoning allows flexibility for development including residential. The majority of the Planning Commission is in favor of Mixed Use zoning on the parcel. Dean Pierce will check with Redstone about interest in the change in zoning relative to their building in the area.

 

Dean Pierce will draft a grant application for an economic development task force to focus on Route 7 and redevelopment of the area.

 

 

 

Progress continues on the analysis of data from the surveys by UVM. The opinion survey may provide a sense of what the town might want to see on the Red Apple (Handy) property.

 

 

The meeting was adjourned at 9:40 PM.