BRANDON PLANNING COMMISSION

Nov. 2, 2009

Board members present: Ethan Swift, Anne Bransfield, Linda Stewart, Jenny Nixon-Carter

Others present: Tina Wiles

 The meeting was opened at 7:10 pm

• Motion to approve PC minutes of October 5^th, 2009. Stewart/ Bransfield - motion passed unanimously with clarification of reference to Section 117, page 2.  Discussion of Net - Metered Projects that require a Certificate of Public Good from the Public Service Board regarding:

•  The scale/dimensions and nature of these projects

• Compatibility issues - with re: residential development

• Municipal authority - role of the Town Plan

• Exemption status under 30 VSA  248 before the Public Service Board

These projects are exempt from Municipal review and regulation as per 30 VSA  248.

Municipal regulatory authority is quite limited by State law, which occupies much of this field.  For example, municipalities have no zoning authority to regulate utilities that are regulated by the Vermont Public Service Board (PSB).  "A bylaw under this chapter shall not regulate public utility power generating plants and transmission facilities regulated under 30 V.S.A. 248."  24 V.S.A.  4413(b).  Consequently, if the facility is as you described "net-metered" (connected to the statewide power grid) the Town land use permitting authority is preempted.  Towns do however have some say in this process as they can still participate under Section 248(b)(1) of Title 30.  That statute reads,

*The local planning commission and the selectboard may participate in the PSB's regulatory proceeding on whether to issue a certificate of public good. 30 V.S.A.  248 (b) (1). (b) Before the public service board issues a certificate of public good as required under subsection (a) of this section, it shall find that the purchase, investment or construction:

(1) with respect to an in-state facility, will not unduly interfere with the orderly development of the region with due consideration having been given to the recommendations of the municipal and regional planning commissions, the recommendations of the municipal legislative bodies, and the land conservation measures contained in the plan of any affected municipality. However, with respect to a natural gas transmission line subject to board review, the line shall be in conformance with any applicable provisions concerning such lines contained in the duly adopted regional plan; and, in addition, upon application of any party, the board shall condition any certificate of public good for a natural gas transmission line issued under this section so as to prohibit service connections that would not be in conformance with the adopted municipal plan in any municipality in which the line is located; (italics added).

The Planning Commission decided to bring this issue before the next selectboard meeting (11-09-09) and request that the town submit a letter to the Public Service Board with respect to an application submitted for a proposed net-metered operation in the Mount Pleasant neighborhood. The Planning Commission believes that this project would be incompatible with the natural surroundings of the existing streetscape and nature of the residential area.  Although the town plan supports renewable energy we don't feel this project is appropriate for the nature of this residential development and impact on neighboring residences with respect to scale, potential glare (and other performance standards), aesthetics, economic impacts, and compatibility with the covenants of the Mount Pleasant development.

Deadline to comment is November 13^th, 2009.

• Update and discussion on proposed Brandon Plaza project and process:

It was noted that a combined Development Review Board (DRB) - Conditional Use Determination (CUD) and Act 250 (local criteria 6, 7, and 10) will be convened Wednesday, November 5^th, 2009 at the Brandon Senior center, 7 PM.

The following points were discussed:

• The Planning Commission does not have statutory part status in the DRB - CUD and Act 250 Hearings until after a decision has been rendered. At that point, the Planning Commission can appeal to the District Act 250 Commission to rebut the finding of the DRB if the Planning Commission feels that the DRB was incorrect in its findings regarding Criteria 10 - conformance with the municipal plan. The Planning Commission would need to deliberate on the findings of the DRB and determine through a majority vote that the Commission believes that the DRB is incorrect in its findings. The Planning Commission is not limited to criteria 10 however, and can submit information regarding any of the 10 Act 250 criteria. See Act 250 Rules (July 10, 2009), Section B, subsection 19 (I) - Municipal Presumptions:

http://www.nrb.state.vt.us/lup/publications/rules/2009rules.pdf

• Question - Is the desire of the citizenry truly reflected in the goals established in the town plan? Discussion ensued regarding the Town Plan development process and public hearings that took place to take comment on the draft Town Plan. While public comment was solicited, it was noted that it is difficult to receive comprehensive involvement and input on a town-wide basis.

• BLUO Update Review

Article I

Section 104

            (a)(6) - also addressed under (b)(13)

Proposed:

(a)(13) Mobile/ portable structures (e.g. greenhouses, tractor trailer storage, wood furnaces, etc) include wood fired furnaces and collapsible, soft sided garages/sheds.

Revisions:

(b) Comment - also include stairs in this section (as long as standard size - code - will look into what represents standard size)

(b)(2) Comment - maybe seek to allow waivers under this section rather than variances. The current setback from lot lines has created problems.

(b)(3) Check revised language regarding AAP section:

(3) Agricultural or silvicultural uses regulated by the Secretary of Agriculture, Food and Markets or the Commissioner of Forests, Parks and Recreation as accepted agricultural or silvicultural practices; and farm structures as defined in Section 2.06 of the Accepted Agricultural Practices regulations. However, a person shall notify the Administrative Officer of the intent to build a farm structure in writing and shall abide by the setbacks approved by the Secretary of Agriculture, Food and Markets.

(b)(3)(A) - Remove exemptions - proposed structures would be filed as an application to verify that new structures would meet setbacks, however, the processing fee would be waived.

(b)(3)(B) - Remove this section

(b)(4) - Remove this occurrence in this section, move to "non-conforming" section.

(b)(6) "Nonstructural residential accessory uses" needs definition. Include patios and terraces in this section.

(b)(7) Revise:

(7) Interior renovations or alterations to structures that do not result in a larger exterior footprint, or in an increase are not undertaken with the intention of a change of use or change in intensity of use.

(A) where the exterior footprint remains the same, and

(B) where the renovations or alterations will maintain the same use and intensity of use as that prior to construction.

(b)(10) Remove "outdoor" - considered redundant.

The following is excerpted from the PC approved BLUO amendments from June 18^th, 2007:

(10) The following outdoor signs provided that they are in compliance with Section 407:

(A)  Traffic signals and other traffic control devices maintained and operated either by the State of Vermont or the Town of Brandon and,

(B)  Other outdoor signs listed in Section 407(a) below.

(B)  Signs erected, maintained, or administered by the Town of Brandon or the State of Vermont under 10 V.S.A. Chapter 21, whether maintained at public or private expense.

(C) Signs announcing an auction, a campaign drive, or an event of a civic, political, or philanthropic service or religious organization, provided that such signs do not exceed nine square feet in area.

(D)  Real estate signs five square feet or less in area.

(E)  Banners strung above public roads announcing public events, provided that the use has been approved by the Board of Selectmen.

(F)  Memorial signs and tablets displayed on public property or in cemeteries; address numerals and signs not exceeding one square foot in area bearing the names of the occupants of the premises; legal notices; and traffic and parking signs which bear no advertising.

Comment: These appear to be allowed signs in section 407? Yes - that is the case

Section 109 - Look for state merger language (check with VLCT).

Add a new Sections 110 and 111 as follows and renumber the current Sections 110 and 111 as Sections 112 and 113

Section 110 - Compliance with State and Federal Regulations

Upon receipt of a local zoning permit, applicants may not undertake any development until all applicable state and/or federal permits required for the project have been received.

Clarify(?) - including any clearing or preparation of the land

Section 111 - Projects subject to Act 250 Review

When a project that requires review by the Development Review Board is also subject to Act 250 review, the Development Review Board, at its discretion, may waive review of those issues that will also be examined through the Act 250 process.

PC homework - review Article II

• Other Business

Ethan read the flyer regarding the upcoming VLCT workshop (December 10 via VIT):

Variations on a Theme: Guiding Development through Planned Unit Development

The next PC meeting will be Monday, November 30^th, 7 PM.

Being no further business, the meeting closed at 9:00 pm.

Respectfully submitted

Ethan Swift, Chair