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JAN. 20, 2010
Board members present: Ethan Swift, Linda Stewart, Jeff Ojala, Jenny Nixon
Others present: Tina Wiles
The meeting was opened at 7:10 pm
There was discussion about the land use district map.
Ethan had sent the Middlebury Zoning Plan to the Commissioners for everyone to review how it can pertain to Brandon. Revisions would need to be made to apply to Brandon. Ethan said changes are coming from the State regarding affordable housing and other things so they will have to be included. He said besides Middlebury's, there are some other models the board can use as well.
Ethan said some of the revisions can be made easily and uploaded to Google Docs for everyone to review.
Article I - Title As presented
Article II - Purpose Second paragraph: change "East Brandon village" to "village of Forest Dale"
Discussion on whether or not to include more specific language in this section to mirror the Town Plan, Future Development (page 52). Ethan said if the intent is to revise the Land Use Ordinance so that we change zoning districts and we establish i.e., a conservation district, designated growth areas, or industrial district, then it should be included here.
Ethan said the use of the plan could be more appropriate.
Paragraph two sounds like the items align with the Town Plan goals. Discussion: ∙ Include a summary of the goals in the Town Plan ∙ Such as in the last two sentences of Article II. ∙ Add at the end of Article II: "The plan should be given full effect in all appropriate regulatory proceedings such as Act 250." ∙ Include some language on the goals of "smart growth." Add a caveat that a goal was to designate growth centers. ∙ Add language to this section to either be more specific or to keep it simpler.
Article III - Definitions These will all need to be worked on. They need to continue to be compatible with the sections of the ordinance they refer to. Some of the definitions highlighted which need attention: Discontinued, Bed & Breakfast House, and Abandoned (definition is something not in BLUO but which sounds useful). BLUO's Accessory Use or Structure definition addresses campers, greenhouses, portable garages, etc. Tina said BLUO actually addresses these in the "when a land use is required" section, not in Definitions.
Change all references to the word "Bylaws" to "Ordinance" in the entire book
Conditional Uses - there was discussion about Middlebury's, which gives power to the administrative officer to grant minor conditional uses. We will change it to read: "requiring" - need to conform language. We will not grant conditional use power to the administrative officer. Take out "undue adverse effect." Remove everything in parenses.
Definitions discussed changed: Conditional Use - as opposed to a "Permitted Use" which is reviewed and permitted in a ministerial manner by an administrative officer, a "Conditional Use" is reviewed under the standards in Section 540, requiring a public hearing review by the DRB. Usually conditions are attached to any approval (hence the name "conditional use")
Camp - a cabin, recreational vehicle, yurt or similar seasonal structure of no more than 500 square feet, used for residential purposes and occupied not more than 90 days in any calendar year.
Club - check on the usage later in the ordinance.
Conservation - Should there be a separate definition for "Conservation land?" There are conservation lands which are different than Forestry. This should conform to the areas.
Conflict of Interest - BLUO has a definition but Middlebury does not.
Industrial Uses - Middlebury has a definition. In BLUO, it is addressed under "high impact uses" but it is not defined.
Indoor Recreation - The Board wants to revisit this one.
Land Development - Should it be compatible with the new Section 112 which the Planning Commission recently approved and sent to the Selectboard as a minor amendment? It is a definition and it should tie in with the section.
Neighborhood Retail Shop - Home occupation versus Home business should be distinguished from each other.
Home Occupation - Needs to be defined. See section 730.
Nonconforming use and structure - These are two separate definitions. Added language to say that "it may have conformed."
Building - Added "greenhouse" and "lean-to"
PUD - take out Porter Medical and Brandon College from the examples. Second line, add: "rather than what is conventionally" ... Public or private school - take out everything after the word: "public schools"
[Note: stopped at "restaurant / bar"]
Next meetings: February 1 at the library and February 15 at the Douglas Birthplace
Minutes - Motion by Stewart / Ojala to approve the minutes of the January 4, 2009 meeting as written. Passed.
Being no further business, the meeting closed at 9:00 pm.
Respectfully submitted
Janet Mondlak Recording Secretary
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