MEMBERS PRESENT:       Tucker Holland (Chairman); Peter Gibbs, Dennis Webster, Gary von Stange, Kate Lalley, Kay Kraushaar. (Dick Elkins was absent.)

STAFF PRESENT:                Dean Pierce, Town Planner.

OTHERS PRESENT:            Fred Tiballi, Sean MacFaden, Don Rendall.

Tucker Holland called the meeting to order at 7:10 p.m.

 

 

There were no comments from the public at this time.

 

Dean Pierce reported per state law towns cannot regulate certain examples of wind turbines that go through the 248 process facilitated by the Public Service Board. A town can participate in the state review process. State statute 30VSA219(a) deals with net metering systems. The legislature amended the statute to allow up to 250 kilowatt capacity (larger facilities) and group net metering.  The Public Service Board can adopt rules on aesthetics for net metered facilities less than 150’ in height. The town receives a copy of the application for a net metering facility (the application may be sent to the selectboard or town manager and the information is shared with the planning commission).  The town can request a hearing before the Public Service Board.

 

There was discussion of the Planning Commission being a policy making board and the Development Review Board reviewing development applications. State statute says the planning commission is the statutory party relative to wind turbine applications. The language at the state level needs to be updated to recognize planning commissions and development review boards.  There was mention of the need for Shelburne to develop a policy on how wind turbine applications should be reviewed. It was suggested the Planning Commission set the policy and forward the actual application to the Development Review Board for review, comment, and recommendations. The application includes the tower, turbine, transformers, roads, land clearing, and ancillary buildings. The project is subject to Section 248 review at the state level. It was suggested criteria be added to that stated in the Section 248 review.  Tucker Holland felt the process as it exists is adequate and allows abutting neighbors to receive a copy of the application. Neighboring property owners have multiple opportunities to provide comment. There was further discussion of drafting a town policy which should encourage wind development in the best locations for wind power. Items of consideration include noise, impact on wildlife, adding to the grid. Gary von Stange observed the Planning Commission is a statutory party and wind turbines are rapidly evolving technology so it is difficult to draft a policy at this point in time.

 

Dean Pierce will do a survey of other towns on how they handle net metering facilities (what the policies are procedurally and substantively).

 

Dean Pierce reviewed past work establishing the sewer service area in Shelburne. The major portion of growth (residential and commercial) should be in the sewer service area. Shelburne has two waste water treatment plants. The sewer boundary is set by ordinance. The map of the sewer service area was reviewed and examples of where the boundary was “tweaked” were discussed (Beaver Creek). It was noted there are instances where the sewer boundary line is irregular and not directly in line with the town boundary line (i.e. sewer boundary is slightly offset).  Capacity at the treatment plants is determined by the amount being used daily, the amount obligated to projects, and the amount of uncommitted reserve. As a snapshot in time the uncommitted reserve is presently 310,000 gallons per day. This number is updated daily. Shelburne has infiltration that uses up capacity. The town is addressing this issue on an ongoing basis. Sewer capacity is dispersed in three year blocks at a rate of 210 gallons per unit. The amount available in the three year block for the area under discussion by the Selectboard (Tiballi land on Harbor Road) is 52,000 gallons. There are 42,000 gallons available outside the three year block. Dean Pierce stated a survey of surrounding towns with sewer service was done to see how they set their boundary. Some towns based the boundary on the area served with some expansion built in. Some based the boundary on engineering and infrastructure, protection of habitat, or controlled growth.

 

Dennis Webster observed meter sewer flow is based on water usage and there is lots of water use on a farm that is not sewer use. Dean Pierce clarified the Tiballi request relative to the sewer service area deals with the geography (boundary line), not gallonage. Mr. Webster asked if there is consistency in definitions in the ordinances. Dean Pierce explained there are two texts, the ordinance and the bylaw. The Planning Commission has control over the language in the bylaw, but does not have control over the language in the ordinance. Mr. Webster pointed out the LaPlatte River Park (conservation area) and the cemetery are included in the sewer service area which is misleading. Other conserved areas in town are not included in the sewer service area. The sewer service area should focus on areas where density is desired. Kate Lalley suggested a build-out analysis be done when the zoning amendments are adopted because the methodology and zoning density were changed. Ms. Lalley felt capacity and areas of density are working fine. There was further discussion of conserved areas being included/excluded from the sewer service area. Gary von Stange asked for a summary of how the sewer service area boundary was established. Dean Pierce will provide a chronology based on memos drafted by former Town Planner, Kate Lampton.

 

Fred Tiballi, Papa T’s Farm, LLC (116 acres on Harbor Road), explained the reason for the request to connect to sewer service. The 116 acre farm is not residential development. There is a half acre that is potentially one house site.  The remainder of the land is for agricultural, educational, open space recreational, and noncommercial recreational use. The land is in the state agricultural current use program. Since September the intensity of farming activity on the land has increased. Previously five acres of land was given to the town for the town salt shed. The land was adjacent to the sewer plant and the substation, and was in the sewer district. Sewer capacity on the farm is needed to maintain a viable farming operation in the heart of the town, including a farm stand, farm employee housing (this is considered a commercial use and is permitted in the zone), and one additional employee housing as a conditional use.  Mr. Tiballi said he could deal with the issue without sewer. There is percolation for an on-site system, but it would be better for the farm operation to connect to town sewer service. When the five acres was given to the town an easement across the five acre parcel was reserved to access the sewer plant. There was also the obligation that the town meet the farm’s reasonable sewer requirements, but the town cannot meet these requirements because the land is not in the sewer district so a request was made to the Selectboard to amend the sewer service boundary line to include the farm land. The Selectboard forwarded the request to the Planning Commission for comment.  The 116 acre farm is conserved with the Vermont Land Trust with the exception of the corner of Bay Road/Harbor Road (half acre), continued Mr. Tiballi. Agricultural and educational programs are held with the Waldorf School and Shelburne schools.  There is a sewer line from Shelburne Farms and The Arbors across the farm property (not in the town right-of-way). The historic boundary of Harbor Road is not clear. There was further discussion of the request. Mr. Tiballi stated when he gave the land to the town he was not aware the remainder was not in the sewer service area (Mr. Tiballi will research a memo from Kate Lampton in his file indicating there will be water/sewer service on the property). Mr. Tiballi will also submit a letter to the Planning Commission outlining his request.

 

Gary von Stange requested any information from the Selectboard on the uniqueness of the Tiballi land situation so the Planning Commission can make a timely decision on the request. Further, additional information from the Selectboard to assist in considering the issue of amending the sewer service boundary on a global scale would be helpful. Tucker Holland suggested the information include a history of how the sewer district was set, background information on the Tiballi request (agreements on easements, for example), and corrections to be made to the sewer service area (i.e. Beaver Creek). Chairman Holland agreed the Tiballi request should be resolved expeditiously.  Peter Gibbs requested information on how the 116 acre Tiballi lot was outlined and any development restrictions. Mr. Gibbs commented he was not aware there could be a farm stand and up to two residential units on the property. Fred Tiballi interjected the houses are farm employee dwellings (considered commercial uses). Tucker Holland mentioned the single family dwelling proposed on the half acre site at the corner of Bay Road and Harbor Road. Fred Tiballi stated the development rights as defined in the grant to Vermont Land Trust were given up. Within the document with Vermont Land Trust there is the protected property of 116 acres. Excluded by grant is the half acre plot (the land is not a separate lot and is not in the definition of protected property so there are no governmental restrictions on it).

 

Kay Kraushaar expressed concern about spot zoning, and urged the Planning Commission to review the entire sewer service area boundary to see if adjustments are necessary rather than entertain specific requests for adjustments. Gary von Stange stated if the Planning Commission is aware of extenuating circumstances and there is supporting documentation which justifies what should be done (and should have been done at the time) then the action is not spot zoning. Fred Tiballi pointed out the zoning provision says the water and sewer line cannot be extended outside the district unless there will not be an unduly burden on the town and there is conservation of open space. The sewer allocation ordinance is what prevents the farm from getting sewer service. The farm agricultural use is a commercial use of the property which does all that the Town Plan encourages.

 

Sean MacFaden asked where the boundary line will be drawn if the exception is granted to Mr. Tiballi. Gary von Stange clarified there may not be an exception necessarily, but a correction. Tucker Holland stated the Planning Commission wants to get all the facts first and then determine what makes sense. Peter Gibbs added the request is to allow sewer capacity to be used by the Tiballi property, not necessarily to redraw the sewer district.  Tucker Holland noted allocation cannot be granted outside the sewer district so the boundary line would have to be amended or the sewer ordinance could be amended to allow allocation granted to areas outside the district under certain circumstances.  Kay Kraushaar recalled failure of an on-site system as the reason allocation was granted outside the sewer service area in one incident (Meach Cove).  Sean MacFaden advocated having a hard boundary to avoid confusion. The boundary should be a clear indication of where the sewer service area is located. Peter Gibbs agreed changing how to do the allocation and not changing the boundary line may be a cleaner way to handle the matter.

 

 Dean Pierce will talk to Paul Bohne regarding the request for further information from the Selectboard on the sewer service area amendment.

 

Dean Pierce reported the second public hearing on the Town Plan is 5/13/08. The Selectboard may want to address the two requests (amendments) separately, but the result could mean further review by the Planning Commission. The public hearing on the zoning amendments is also on 5/13/08.

 

Gary von Stage recused himself to avoid any potential conflict of interest.

 

Dean Pierce reported the court ruled on the 2000 Dorset Street application determining the applicant can amend the earlier approval, but it will be difficult to secure an approval. Shelburne will receive notice.

 

Gary von Stage returned to the Planning Commission.

 

Dean Pierce reported the work sessions with Mike Munson are set to begin on 6/12/08 unless the public hearings held by the Selectboard on the Town Plan and zoning bylaws result in further review by the Planning Commission. If the latter occurs, the meetings with Mike Munson will begin in July.

 

May 22, 2008 at 7 p.m.

 

Tucker Holland welcomed Gary von Stange and Dennis Webster to the Planning Commission and recognized the years of service and contributions to the town by former Planning Commissioners, Claude LaPierre and Reg Gignoux.

 

 

The meeting was adjourned at 9:55 p.m.