Town of Panton
Planning Commission/Zoning Board of Adjustment
Minutes of April 14, 2005 (Unapproved)
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Planning Members Present:
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Guests:
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K. Bingham
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L. Giovanella |
D. Bourgeois
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M. Hermann |
S. Hofmann |
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R. Klein |
D. Marshall
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R. Moulton |
A. Tisbert
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E. Hanson, Zoning Administrator
Call to Order: The Planning Commission/Zoning Board of
Adjustment meeting was called to order in the Panton Town offices at
7:30 p.m., by S. Hofmann, Acting Chair. A quorum was established.
Motion by M. Hermann, seconded by R. Klein to move to item
number 12 on the agenda. L. Giovanella questioned if anyone on the
Board had knowledge as to why David Raphael was not reappointment to
the Planning/Zoning Board. She added that if it was due to problems
with work performance the Board should be made aware of it. She further
questioned if it was due to political differences. D. Marshall said she
had no knowledge as did K. Bingham. M. Hermann said that the Board
would like to be enlightened as to the reasons. E. Hanson stated that
he has not had any conversations with the Selectboard regarding David
Raphael’s performance. S. Hofmann stated that he was in attendance at
the Selectboard meeting where the reappointments were scheduled and
that there were two Executive Sessions on their agenda one of which was
for Planning/Zoning reappointments. He further added that he
understands that there was a vote; two votes and one abstention, and
that is all he knows (which is part of the Selectboard minutes). E.
Hanson added that he did have a phone conversation with Selectboard
Chair Ron Atkins who asked why Dan Bourgeois was having such a
difficult problem getting his subdivision. The lack of a current Town
Plan was also discussed but there was no mention of David during this
conversation. S. Hofmann mentioned that it was okay not to agree with
everything but that he doesn’t believe that anyone has walked away from
a meeting with hard feelings. D. Marshall said that there was only one
meeting where she walked away with a bad feeling due to the language
used. R. Klein apologized to D. Marshall for his lack of impropriety at
the last meeting. She said that she hoped this would never happen
again. L. Giovanella said that she feels it appalling that the Board
doesn’t know what went on at the Selectboard meeting and that their
Chair was not reappointed. It was mentioned that the Board serves at
the pleasure of the Selectboard. M. Hermann said they serve on the
Board because they want to help the Town. D. Marshall asked if any
others had spoken with the Selectboard about their decision as she
spoke with A. Sullivan who advised it was decided in Executive Session
but they had ample reasons not to reappoint him. S. Hofmann said that
he would like to see the Board go forward as there is a lot of work to
be accomplished. He said the Town Plan Hearing went well and that he
hand delivered the Plan to ACRP on Wednesday and heard back from Brandy
that everything appears to be okay. She is now in the process of
warning the hearing in the newspaper for the May 5, 2005 Panton
Planning Commission meeting. They will attend, listen to comments and
hopefully approve the Plan. They will then hold their monthly meeting
May 11, 2005 at which time they will approve the Plan.
Organization of Officers:
Chair – R. Moulton nominated S. Hofmann. Hearing no further nominations
A. Tisbert moved, seconded by R. Moulton to close nominations and
instruct the recorder to cast one ballot for S. Hofmann as Chair. So
voted and the motion carried.
Vice Chair – R. Moulton nominated K. Bingham. Hearing no further
nominations R. Moulton moved, seconded by D. Marshall to close
nominations and instruct the recorder to cast one ballot for K. Bingham
as Vice Chair. So voted and the motion carried.
Clerk – L. Giovanella declined and stated that she had resigned back in
2001. M. Hermann was nominated by R. Moulton, who also declined. L.
Giovanella nominated R. Moulton. Hearing no further nominations M.
Hermann moved, seconded by L. Giovanella to close nominations and
instruct the recorder to cast one ballot for R. Moulton as Clerk. So
voted and the motion carried.
Chairman of the Selectboard:
R. Atkins was not in attendance.
S. Hofmann asked if something could be typed up for the minutes which
indicates that at the Planning/Zoning meeting of January 27, 2005 it
was agreed that the draft of the Town Plan would be distributed to the
five adjoining towns, (which he hand delivered) a copy to Wendy Tudor
at the State of Vermont and a copy to ACRP which D. Raphael hand
delivered. L. Giovanella will take care of this. Chair Hofmann also
discussed the steps which were taken according to the list received
from ACRP. This, the Town Plan and documentation of receipts, etc. is
in a binder to be kept in the Panton office vault.
L. Giovanella was thanked for her years of service as Clerk on the Board.
Chair Hofmann advised that approximately one hundred copies will be made of the Town Plan.
Approval of Minutes: Chair Hofmann asked to have the following changed:
- Section #1 no corrections to be changed to Sections #1 #2 no corrections
- Section #2, change to Section #3, change the percents to raw number
- Section #3-6, no change, to Sections #4-6 no changes
- Page Two, paragraph five, time of regular meeting corrected from 8:53 p.m. to 8:56 p.m.
L. Giovanella asked to have the following changed:
- Page Two, Section #13 P45, Paragraph 3, line 5. Strike out “David was shocked”.
Motion by R. Moulton to accept the minutes as amended seconded by A. Tisbert. So voted.
Old Business:
Bushey violation – Zoning Administrator E. Hanson is
forwarding to the Selectboard for litigation. He added that there has
been no response from Ms. Bushey, the certified mailing was returned to
the Town marked as “refused” and neither has he heard from Ms. Bushey’s
attorney Peter Langrock.
DeGraaf violation – the pile of barn debris is being cleaned up and Z.A. Hanson will keep an eye on it.
Vorsteveld violation – Z.A. Hanson spoke with Marion
White, Policy Analyst for the Secretary of Agriculture Food &
Markets who handles requests from various farmers for waivers to town
setbacks for exempt agricultural accessory structures to be built on
their property. She reiterated that she is willing to speak with
Selectboard about what legal resources can be made available to pursue
the case and suggested calling back around May 1st to set up a meeting.
M. Hermann asked for Z.A. Hanson to reiterate the problem; the second
bunker silo which was built 35 feet from the center of Jersey Street.
The original approval for both bunker silos was 65-75 feet from the
center of Jersey Street; the Town requirement is 90 feet. An earlier
approval was given by Commissioner of Agriculture Leon Graves, who gave
them permission build an addition of a calf barn and extend it within
20 feet of the center of Jersey Street. The Selectboard will meet with
Marion White, Z.A. Hanson and perhaps Town council. It was discussed
that the Vorstevelds do notify the State when erecting structures but
they do not notify the Town which they are required to do. A. Tisbert
mentioned that the way they drive out onto Jersey Street is very unsafe
and Z.A. Hanson said that he understands another requirement was that
they erect a guardrail.
Hartenstein/Bogan – Z.A. Hanson will prepare a memo to the Board regarding his findings.
Zoning Administrator Report: Z.A. Hanson said that the Kirby
hearing was held before his term but that he doesn’t see any reason why
the Mylar can’t be signed off and recorded. Discussion ensued
about the lot being non-conforming and why the subdivision was approved
by the Board (refers to Planning/ZBA minutes of June 3, 2004). It was
discussed that there are many non-conforming lots in town. It was noted
that the Board voted to approve the Kirby subdivision unanimously. M.
Hermann said that the Board needs to start to follow the “letter of the
law” or the Town will end up with legal problems. Motion by R. Moulton,
seconded by A. Tisbert for Chair Hofmann to sign the Mylar from Gregory
Kirby. So voted and motion carried. M. Hermann abstained from voting
due to his profession as an attorney.
Z. A. Hanson presented a December 1999 Mylar for subdivision of
five acres for Lolke Vorsteveld farmhouse on Jersey Street. He added
that this currently does not show up on the Town of Panton tax maps. It
was noted that a sticky on the map indicates that it has been around
since March 2003 and Town Clerk S. Torrey found it in the office vault.
Motion by R. Moulton, seconded by A. Tisbert for Chair Hofmann to sign
the Mylar from Lolke Vorsteveld.
So voted and motion carried. M. Hermann abstained from voting again due
to his profession as an attorney. M. Hermann asked for someone to check
to see if there is a warranty deed on the property. R. Moulton
questioned whether this was in the realm of the Board. Z.A. Hanson said
that an attorney performing a title search may pick up on this. There
was question if this will be picked up automatically for tax map
purposes and Z.A. Hanson said that this is up to the Listers and they
are given copies of his monthly reports which would show subdivisions,
etc.
Z. A. Hanson informed the Board that verification of compliance letters
are a risk the Town shouldn’t expose itself to and the only reason they
are issued is because banks require them. He added that as soon as the
permit requirements are fulfilled and a final inspection is made, a
certificate of compliance will automatically be issued. Z.A. Hanson
said that he will ask the Selectboard for a statement of policy and
letters will no longer be issued (attorney’s will be issuing them).
Z.A. Hanson informed the Board that the Sewage Ordinance has been forwarded to the State of Vermont.
L. Giovanella asked if the Town Plan would be available on the Panton
Web site. Chair Hofmann responded that as the disk was never received
from D. Raphael only a paper copy exists.
Next Meeting:
Arnold Bay farm subdivision hearing (D. Mueller has legal authority to act on this?) E. Hanson to check.
ACRPC hearing in the Panton Town Offices 5/5/05
Chair Hofmann mentioned that the Selectboard is having an additional
bulletin board constructed. At this time it isn’t certain where it will
be located. Z. A. Hanson said to remind them to get a permit.
Chair Hofmann thanked L. Giovanella for her contribution to the Board
as Clerk. He advised the Board that he sent S. Torrey flowers for all
her efforts in cutting and pasting the revisions to the Town Plan. He
also thanked the Board for their work on the Town Plan and for their
confidence in electing him Chair.
Adjournment:
Motion by R. Moulton to adjourn at 9:07 p.m. A. Tisbert seconded the motion. So voted and motion carried.
Respectfully submitted,
Susan Torrey, Scribe |