|
|
JUNE 16, 2008
Planning Commissioners present: Ethan Swift, Linda Stewart, Jenny Nixon, Matt Carmolli, Jon Andrews Others present: Janet Mondlak, Liza Myers, Rebecca Zelis, Charlie Jakiela, Beth Taylor, Phil Keyes, Line Barral, Dayle Ann Stratton, Gary Meffe, Harvey Smith, Nancy Leary, Lorraine Kimble, Ray Counter, Paul Wood, Mark Zelis
Call to Order - The meeting was called to order at 7:08 pm.
Minutes - Motion by Stewart/Andrews to approve the minutes of the June 2, 2008 meeting as written. Passed.
Conversation with Selectboard last week - Ethan said he went to the Selectboard meeting and was informed that the time for consideration for the Selectboard to adopt the Brandon Land Use Ordinance amendments which the Commission had recommended has expired. It has been more than a year. Ethan said that now, in addition to moving along the draft town plan, there is a need to amend the land use ordinance amendments.
The Planning Commission will need to have two public hearings for proper procedure. Charlie Jakiela had recommended additional amendments since it had been submitted. Ethan asked for input on the approach: Should the Commission bring them both forward together – the ordinance and the town plan - or separately?
Charlie said the amendments were not terribly substantive but there has been some effect on projects / applications. The Commissioners are close to finishing the draft town plan, which will have a great impact on the land use ordinance (which needs to mirror the town plan). He suggested holding off on land use ordinance revisions until the town plan was considered. Ethan said if the town plan is to be compatible with the land use ordinance, it would be good to see how they work together. Charlie said the ordinance will need to be tweaked to be in line with the town plan. The regulations should not be driving the town plan. Linda asked Charlie about why the delay for a year. Charlie said he does not know. Ethan said it was raised periodically with the Selectboard and he has been trying to get a better understanding of their expectations. There were some issues with the map and some other minor issues which need adjustment. Charlie said he was not aware of any problems why the ordinance wouldn’t move forward. He said he could work on the ordinance part.
Town Plan - Ethan said the Commissioners have done a major revision and then done a more refined process of the town plan. The technical review has been completed by the Regional Planning Commission. They have looked at compatibility with Chapter 117 and the Land Use Ordinance. There are tracked changes. The Commission can accept what there is or can do more refinement and submit a polished draft for broad public review. There have been opportunities for people to give input, such as the survey and public forums. Ethan said that now would be a good time to get a more refined draft out to the public. Then there can be Planning Commission public hearings.
Ethan suggested the Commission focus on the town plan and then move back to the BLUO. Jenny said there has been so much work with the town plan and a lot of momentum. She would like to continue with it and complete it. Ethan said the Commissioners spent so much time making revisions to the land use ordinance. It is frustrating that it did not make it through the adoption process. A great deal of time was invested in that. Ethan will put together a time line for moving the draft town plan forward. A reasonable time frame might be the fall.
Public Facilities and Ground Water Mapping - Ray Counter, Brandon Fire District, has been invited to talk about public services and the energy portion of the water supply system. Are there plans with mapping and assessment work? What can the Planning Commission learn from that? Ray said in 2005, the Fire District did ground water mapping throughout Brandon. This was paid for in part through a town grant and the Fire District contributed. They identified all the wells in Brandon. There have been some draft maps for identifying other sources of water. He said we do not need to look for more water; we have an abundant supply. However, we rely on getting our water from one particular area and if that area were to be contaminated, we need to know if there is another source. As part of the Emergency Management Plan, we need to know. When the mapping was done, the geologists identified an area south of town that could be a potential aquifer. Ray said that at the same time, he worked with someone from EPA who did work in the existing aquifer trying to define boundaries to see if we are restricting too much. There is better knowledge now than when it was delineated in the 1980s. He explained the process for identifying and said they were looking to see if the Neshobe River contributes to the aquifer. There is the theory there is a thick layer of clay over the aquifer. In their work, they did not find the clay layer. There is some thicker material which slows down the contaminants running into the system. It is not as protective as they would like it to be. The river acts as a recharge for the aquifer although it is not directly connected. He said he has a copy of the report he can share with the Commissioners. The work they have done on source protection is good, but maybe not enough. Ray said that Brandon has one of the best sources of water in the state of Vermont. It is the Fire District’s responsibility to keep it that way.
Ray said we have a strict ordinance. The biggest problem is dealing with farmers and pesticides. It is getting better with communication and making them aware. This year they looked at the McConnell Rd area to see if there is another potential water supply. There seems to be a source of water down by OVUHS. We need to gather more information. The plan is to do a pump test. The seismic test was phase I which was paid for from a grant through the town. If proven to be worthwhile, the Fire District will do some testing and see how much water there is. It might be an area to preserve for the future.
Ray said there have been some scares. This spring there was a freak accident where a pump station caught fire and everything was lost. The public really wasn’t affected. Ethan asked about reclassification of the ground water and if it is moving along. Ray said there is no written procedure to reclassify. There are four classes of ground water in Vermont. All the state's water is Class III by default. There are some that are Class IV, which have procedures. Those are the ones that are contaminated. Class I is pristine. He asked for a Class II classification and the state has asked for a written procedure.
Charlie asked if they find there is a viable water source in the McConnell Rd. area, if it could be a place the Planning Commission identifies as a different district with very stringent development opportunities. Ray said if someone was coming to the Fire District, there are controls. The State has declared groundwater as a public trust. The water needs to be protected.
Ethan said when the Commission is looking at the Town Plan updates, they are intending it to be a document for 20 years in the future. They are setting some goals that could be attainable in that time frame. He asked Ray his thoughts on the potential of expanding the water supply capacity. Ray said there is plenty of water. Ethan said there are two major developments in the works. Are there thoughts of expanding in areas with density not currently served? Ray said the Fire District has enough problems maintaining what they have. We listen to new plans but will not consider financing any new mains to service other areas. The public has the right to ask for an extension by Fire District Bylaws. Right now there is no plan to expand.
How do we go from Class III to Class II? Ray said with a lot of paperwork. There is also a federal plan. He submitted a draft to EPA for the federal designation and that is where the questions came about regarding the Neshobe River. Class III is the default classification across the State.
Ray said the area they have been doing work on McConnell Rd is near Ken Torrey’s property. They are waiting for more information. There is a homeowner who has allowed us to do this work. He explained the 200' isolation area immediately around wells, which the Fire District would need to own and maintain, at a minimum. Then there are 3500' zones which contribute, such as hills and mountainsides, indirectly.
Charlie asked if the Fire District can require developers, where there is potential for large use, to install lines which are needed and avoid direct tapping into the lines. Ray said there would have to be something in the water use ordinance. That is not there now. It should be compatible with the land use ordinance. Ray said the Fire District boundaries are classified as the entire town of Brandon with the exception of National Forest Land. Charlie suggested the Planning Commission add a performance criteria requiring that developers proposing to use more than a certain amount of water be required to use the public system. If that means putting in the lines, the development would have to pay for it. Ray said for the two proposed residential developments in town, the infrastructure needs to be improved.
Ethan said in the Planning Commission survey, there was a question asking for input on impact fees for developers. There was strong support for that issue. Ray said it is important. The Fire District does not have the money to do the work. The developer should not be making money at the town’s expense.
Ethan said the Planning Commission wants to be as protective as possible. They will do what they need to in order to flesh that out for the next changes to the land use ordinance. Ray asked if the Commission would consider identifying another aquifer, i.e., if something became of McConnell Rd. Ray said he is planning a meeting in late summer to work on this more with state officials. Before that happens, they need to have discussion with the land owner. Charlie said generic language about a second aquifer could be in the town plan and then once it is identified, it could be included in the land use ordinance. Ray said the state officials are willing to come to town to help out. Ethan suggested they come to a future Planning Commission meeting to give input on how to include information in the land use ordinance and town plan.
Ray provided some input on the data in the current town plan on the water supply. He will make updates. Ethan asked about an upgrade and fixes to the wastewater treatment plant at OVUHS. He asked if that would that add to capacity of system. Ray said the OV wastewater facility is run by the Town of Pittsford. Ethan said the OV water supply is considered a public water supply. They have a separate source protection zone. He questioned if that is on the draft maps from Regional. Ray said there was a groundwater mapping quasi-committee, a water resource committee which Keith Arlund participated in. It was about “making groundwater and public trusts.”
Gary Meffe said an oil spill into the Neshobe River could be catastrophic. Do we know the rate of movement? Ray said we just found out that the Neshobe contributes and we don’t know the potential effect. Ray said we need to find this out. Charlie said the Planning Commission has said the source protection area is the aquifer area. If that does not adequately take into consideration some of the flowback, maybe the aquifer district on the zoning maps need to be expanded. When the detailed information comes in, maybe it could be contracted. Ray suggested the question should be asked to the state consultant, Larry Becker. He originally delineated Brandon’s aquifer. Now he is the state geologist. Ray said the current town plan data on usage is fairly accurate. He said the funds being contributed to the capital improvement fund through hook up fees is not enough to be do anything in the future. They are reviewing rates and fees.
Energy Alternatives - Ethan said there has been interest in how to reinvigorate hydroelectrical generation to subsidize energy costs to the town. Is that worth exploring? Are there opportunities? There is an old dam which is leaky and filled with sediment. There is another just over the town line in Goshen. Should we be considering them for long term development? There has been talk about an energy committee.
Ray will work with Ethan to schedule a Planning Commission meeting in August or September with the state consultants.
Town Plan process and timeline There was discussion on the next stage approach to the Town Plan. It was suggested that one or two sections could be reviewed per meeting. Each Commissioner should send out complete revisions in advance. There also needs to be work on Introduction and the Vision and the flow of the chapters. Discussion with Citizens Nancy Leary said she read in the minutes of the Selectboard meeting the conversation about hiring a permanent zoning administrator (z.a.). She said we have a temporary z.a. who is doing an excellent job. She said she has concerns with Mr. Arlund wanting to reorganize the town office to absorb the z.a.'s job into someone’s other role in the town office. She asked if there is a conflict of interest with a Selectboard member inserting influence.
Ethan said Charlie Jakiela became the acting z.a. in October. The position was advertised at that time for a permanent z.a. Soon thereafter, there was an understanding that there would be a selection committee formed to review applications consisting of a couple members of the Planning Commission, a couple members of the Selectboard, and the town manager. He said that in reality, the selection committee did not meet. There were six applications. The Planning Commission made requests to get copies of the applications but they never did. He said the Commission was dogged in the request to review applications and have a meeting of the review committee. It did not happen. He has expressed frustration at the Selectboard. Ethan said at the June 2 Planning Commission meeting, a motion passed, stating that nine months have passed after the advertising the position, and nothing has happened. There has not been enough information to nominate a z.a. Ethan said the Commission believes Mr. Jakiela is capable of doing the job. Ethan said with that being said, because there had been an application process, they did not think it was fair to the others who applied, simply to nominate Charlie to the job. He said there should be transparency, to know that the Commission had reviewed other applications and to know that the best person for the job is Charlie. The Commissioners felt they were in a quandary and did not want to move on and therefore asked the Selectboard to reopen the process. Ethan said he did not get a response from them.
Nancy Leary said the Planning Commission did a great survey about what people think and want in town regarding growth. Is it being taken seriously? Can people do more to have it respected by the Selectboard? Ethan said the Planning Commission has posted the survey results online. From the responses, people overall want to keep the town pedestrian-friendly and want to keep sprawl and development in check. People did want to see more services concentrated in downtown, maybe not exactly in line with the Commercial Business District.
Linda Stewart said from the survey results, most people did not want to see the town have growth. There was some interest in growth centers, such as in the area near the railroad tracks or Park Village. There was some concern about whether we had enough low income housing but people did not want to see more trailer parks. Ethan said there was support for seeing more senior housing, especially in / near the downtown area.
Linda said people did state they wanted to see another grocery store. It did not state in what form. There is a lot of support for pedestrian-friendliness. Beth Taylor asked if the sentiment was to support two supermarkets or another one, which does not have over-inflated prices. She said a few years ago, she recorded prices at three supermarket chains and found Grand Union was more expensive. She asked if there is a way to approach a specific store and ask them to buy out Grand Union instead of building something new.
Ethan said there was a market analysis done and he was under the impression that if a chain felt the market could support a supermarket, it would happen. Dayle Ann Stratton said when the Grand Union chain was being taken apart, the Brandon store was too small for what a chain usually looks for. Is the community willing to support the local grocery store so it is more viable? Beth Taylor asked whatever chain it is, if we are not willing to support it, then why would they build another building.
Charlie said it is important to understand the role of the Planning Commission. Their power, with the Selectboard, is the power of encouragement or facilitation. The town office did have an economic development officer but the role is not yet filled. If the Planning Commission / Select Board thinks there should be another supermarket, a point person should go out and solicit. They can’t do inducements. If an organization feels it can make money, a market will come. If no one feels they can make money, they won’t come.
There was discussion with the town office about the economic development office and the zoning administrator and the discussion on reorganization. Ethan said Buzz Racine was both z.a. and Economic Development Officer and people thought there was a conflict of interest. That is why having Economic Development Officer could be someone who could provide financial help and the z.a. to be part-time. Ethan said the Commission can make changes with the Selectboard but the market will drive it.
Jon said the Planning Commission could be an interested party in proceedings on this development with Act 250 and the Development Review Board. Ethan said the local DRB has Act 250 jurisdiction for criteria 6, 7, and 10 pertaining to the impact on municipal services, educational services and the effect on the Town Plan.
Charlie said the Planning Commission can oppose or support a development at the Act 250 level. The town can grant and Act 250 not grant and vice versa, when it comes to permitting. At the local level, the people who have the right to present evidence, by state law, are anyone who has abutting property. Also, the Planning Commission can request party status. In addition, any ten people who live in town who get together and appoint a spokesperson and have one common voice can request party status. They can present a case or make appeals. Any kind of support or opposition has to be fact-based. Ethan said the power of the Planning Commission is to write language which could restrict certain size buildings, or certain heights.
Rebecca Zelis said when the Planning Commission works on the Town Plan, she encourages them to solidify the vision and if possible, to take a stance as a unit, about development. She would like it to be pro-active instead of re-active. What will be best for the town in 20 years? She said Brandon has a unique unspoiled district and she hopes the Planning Commission will look at the long-term value. Rebecca said it would be great to have the Vision accessible so people see it.
Liza Myers asked about the well and protected areas. Charlie said the source protection area is like the aquifer area on the zoning map. If the work has not been done to delineate the boundaries, a 3500' circle would be drawn where the wells are now. The 200' buffer is an isolation area, i.e., to protect from pesticides. The amount of regulation around the 200' buffer is tight. The area around the 3500' is much looser. Ray said the 200' is “certain and immediate impact to the well.
Jenny asked if there are conflict of interest rules regarding a Selectboard member potentially weighing in on the town plan when he has a business development on the table. What is the protocol with his interface on this? Charlie said the Planning Commission and DRB have adopted strong conflict of interest procedures. He doesn’t know if the Selectboard has. Charlie said applications are enforced under the regulations in place at the time of the application. If newer regulations are adopted before the application is approved, they do not effect the application.
Phil Keyes said there has been precedent in town with a Selectboard member proposing a development. There was conflict with the effect of the Selectboard member being on the board at the time. He eventually resigned. Nancy said he recused himself. Eventually, the development was built but he was no longer a member of the Board.
Charlie suggested the Commission uses the people in attendance tonight as a sounding board for town plan updates.
The next meeting is Monday, July 7 at the Brandon Library at 7 pm.
Adjourn - Being no further business, the meeting adjourned at 9:08 pm.
Respectfully submitted
Janet Mondlak, Recording Secretary
|
