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FEB 15, 2010
Board members present: Ethan Swift, Linda Stewart, Anne Bransfield, Jeff Ojala
Others present: Janet Mondlak, Tina Wiles
The meeting was called to order at 7:10 pm
Motion by Stewart / Bransfield to approve the minutes of the February 1, 2010 meeting as written. Passed.
There was discussion about some of the aspects of Fred Dunnington's presentation. The board discussed Middlebury's growth patterns, uses of Brandon's industrial buildings and the rail spur just approved for OMYA which will take many trucks off the road.
Land Use Ordinance Discussion Article III Definitions (continued)
Restaurant and / or Bar - no changes to the draft Retail Store/Services draft: a shop, store, stand or vehicle for the sale of retail goods, including antiques, gifts, or food, and a personal service shop, a department store or convenience store. Retail store does not include: any motor vehicle sales and service, motor vehicle service station, or the sale or servicing of travel trailers or mobile homes.
There was discussion about how to handle itinerant vendors. How is this section used in other areas of the ordinance? The board said they want to look at the stand-alone itinerant vendor ordinance currently in effect. There was discussion about possibly putting "stand or vehicle" in a different definition defining "vendor." This will be discussed further.
Rooming /Boarding House draft: any building where individual rooms are offered for rent on a weekly or monthly basis, with or without meals. Off-campus houses occupied by more than three persons shall be deemed Rooming Houses.
The board struck the second sentence of the draft. There was discussion about the cottages or the motor lodge where people possibly live for weeks or months. It was decided that the definition for Bed & Breakfasts needs to be looked at again because some of Brandon's have more than four rooms. The Board had more questions: Where are these definitions being used in the ordinance? Are they based on sewer capacity and number of bedrooms? Ethan will check state on-site rules. This needs to be revisited.
Social Service Facilities (add in underline, strike the strike-out) draft:
Buildings or other facilities within which social services are provided to
clients or targeted classes having social needs as defined by grant funding, and
operated by non profit organizations such as
the Rutland Mental Health or Rutland
County Parent Child Center.
Structure draft: means an assembly of materials for occupancy or use, including but not limited to: a building, mobile home or trailer, billboard, sign, wall or fence.
Tina questioned why a billboard, sign, wall or fence is considered a structure. Wall and sign are not defined. Our current ordinance does have a definition of a fence and a sign. In a past decision, the DRB made a ruling that a driveway is a structure. Ethan said that any time a land use permit is required, there should be references included. Tina said the board should consider adding definitions for signs, canopies, awnings, parking lots (paved or gravel), outdoor furnace, portable structures. Ethan said we should look at how they will be used. He said our current ordinance has fence and sign definitions. Tina said in our ordinance a sign is called an outdoor structure and it is a problem. Signs can be indoors also.
Subdivision draft: The division of a lot, tract or parcel of land into two or more lots, tracts, sites, or other divisions of land for the purpose of sale, conveyance, lease, or development. It includes resubdivision, condominium conversion and the division of a lot or parcel held in common ownership and subsequently divided into parts among the owners. See Sec 560
Should we differentiate between subdivision and planned unit development? They are two different things. The draft has a separate definition for PUD. There are two elements to PUD: density standards and dimensional standards. Tina said the definitions discussed at the workshop are very good and she will get them distributed to board members. Ethan said PUD and subdivision sections will be discussed in detail.
Tourist House - This section will be stricken. Add "tourist house" to the Bed & Breakfast section.
Undue Adverse - Ethan said he would like to see this defined. What will be the measure? Performance standards? Tina said the Emerson decision defines Undue Adverse and Ethan read through it but said it was hard to interpret.
Variances, Waivers - We need to define these. It was noted that the Middlebury ordinance has more definitions but they are embedded in sections, not all are necessarily defined in Article III.
Wetland draft: means Class I, II and III wetlands. Add: As defined by State statute or Cite the statute Ethan said the Wetlands rules are being reconsidered by the state panel so things will change. He will monitor the progress with the state panel.
Article IV Districts Ethan said we could consider districts we once had but now don't. And there are some districts in Middlebury not germane to Brandon. draft: District Name Abbreviated Designation
Forest / Conservation District FOR/CON Institutional District INS Agricultural/Rural Residential District ARR Medium Density Residential District MDR High Density Residential District HDR Village Residential/Commercial District VRC Office/Apartment District OFA Central Business District CBD General Commercial District GC Airport District AIR Industrial District IND Protected Highway District PHD Flood Hazard Areas FLD
Strike the following districts: Institutional, Airport, Office/Apartment
Currently, there are residential houses in the Central Business District. Tina suggested possibly defining a circle around the CBD which is for residential. This area is already denser.
Industrial - we already have an identified area.
Protected Highway - it will be interesting to see what this does. Perhaps we could apply this here.
Middlebury has overlay districts also. Ethan said there are ways he could see this in Brandon. For example: the designated downtown area or for wildlife corridors. There was discussion about Hawk Hill. Middlebury does not have an Aquifer district but uses an overlay. Tina said the Aquifer district has some issues. Is it wise to have a 30' setback for a shed? Ray Counter is looking at the protection area for the wellheads. Ethan said we have a better idea now about where the aquifer is. These are decisions the Board will have to make with these districts.
Official Zoning Maps - Ethan said we did not adopt maps with the town plan adoption. The board can reference maps with the land use ordinance adoption.
Interpretation of District Boundaries - Ethan said these are good to include; they might help with sticky issues and provide clarity.
Section 430: The Board discussed the Zoning District boundaries. They had no changes to 1-4. #5 - strike "tax district boundaries". There was discussion about tax districts.
#6 - There was discussion about what exactly this means.
#7 - Why would this be needed? The Route 7 upgrade might call this into question.
#8 - This refers to the Route 7 upgrade. Just because Route 7 changes, it doesn't mean the zoning district changes.
#10 - Our current ordinance looks at this differently. When a parcel is in two districts, it allows for the least restrictive district rules to apply for only 35' over the property line. This will be discussed further, specifically with regard to PUDs.
We don't have road frontage requirements. Tina said many developers are surprised and suggested possibly including them.
#11 - This is the challenge of the maps. This needs to be discussed. That is "post-ordinance" adoption. Should be creating districts in other ways.
Homework for board members: Look at the current BLUO and compare to the current permit requirements. Examples of things that require zoning requirements. Review Section 510 - 520.
Next meetings - Tuesday March 2, Monday March 15 at the Douglas Birthplace.
Being no further business, the meeting closed at 9:00 pm.
Respectfully submitted
Janet Mondlak, Recording Secretary
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