Town of Panton
Planning Commission/Zoning Board of Adjustment
Minutes of June 16, 2005 (Unapproved)

Planning Members Present:		Guests:
K. Bingham	L. Giovanella	B. Kirby
M. Hermann	S. Hofmann	D. Mueller
R. Klein	R. LaFleche
R. Moulton	A. Tisbert

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 7:00 p.m., by S. Hofmann, Chair. A quorum was established.

Minutes: Motion by A. Tisbert, seconded by R. LaFleche to approve the minutes of May 5, 2005 as presented. So voted unanimously.

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Hearings:  Kirby – The corrected Mylar for the Kirby subdivision was reviewed. Mrs. Kirby explained they originally intended to sell-off a thirty-foot right-of-way however the surveyor thought they should do a fifty-foot right-of-way. When they were ready to close it was discovered that Mylar was fifty but only thirty was sold and that it should be corrected on the map. Z.A. Hanson concurred that the recorded plat record does represent what is legal so it is necessary to change it. Motion by R. Moulton to accept the Mylar as amended, seconded by A. Tisbert. So voted unanimously.

Arnold Bay Farm (continued from May 9, 2005) – D. Mueller presented the Mylar with the boundary adjustments as discussed May 9, 2005.  Motion to accept the adjusted Mylar by R. Moulton, seconded by R. Klein. So voted unanimously.

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<>Zoning Administrator: E. Hanson advised the Commission that at their June 14, 2005 meeting the Selectboard decided to proceed with the preparation of formal complaints against Laura Lee Bushey and the Vorsteveld Farm.  Town Attorney James Carroll will be tasked to begin this activity and hopefully it will begin a dialog, but if not, the Selectboard is prepared to go to court. He also advised that the Selectboard requested that he look into the Whispering Pines Campground permitting. It was discussed that it originally was to be seasonal dwelling only but it now appears the there are year round residents. R. Moulton added that it appears that year for the past twelve-to-fifteen years more residences have been added to the campground. M Hermann asked if a formal complaint had been issued and R. Moulton said that he tried to when he was Zoning Administrator as did the Selectboard however D. Raphael declined any action. The “fifteen year amnesty” was discussed as well as the fact that the campground continues to grow. Z. A. Hanson said that he has an obligation to issue a notice with or without the Selectboard’s agreement as does the Health Officer.

Z. A. Hanson said that the biggest issue will be the septic design. R. Moulton said it was designed as seasonal. Z. A. Hanson will keep the Commission informed on his findings.

Z. A. Hanson informed the Commission that the Hartensteins may be coming before the Zoning Board and explained the he met with the Selectboard in Executive Session with town counsel Jim Carroll regarding their complaint. Attorney Carroll recommended that the Zoning Board stay out of the loop as it is likely the Hartenstein’s will appeal and it will be to the Zoning Board. A letter of appeal has been received from the Hartenstein’s and a return letter has been sent explaining that they need to officially appeal via form with the associated fee of $100.00 included. Hopefully this appeal will be received sometime next week. Z. A. Hanson will prepare a briefing memo for the Zoning Board containing the background of their appeal.

<>Zoning: Chair Hofmann discussed with the Board the possibility of combining the Planning Commission and Zoning Board of Adjustment into one Board which would become a Design Review Board or DRB (definition attached to minutes). The Selectboard has the information on the definition of the DRB and Z. A. Hanson  spoke to them about this at their last meeting. He further explained that many of the towns have already changed to this format. The merits of a DRB were discussed as was the procedure required to change. Motion by R. Moulton to change to a DRB, seconded by A. Tisbert. So voted with one abstention by M. Hermann (who will look into possible liability issues).

Chair Hofmann thanked the Board for their flexibility in the June monthly meeting change and added that this was an exception and not a rule. The July meeting was discussed and it was decided that next regular meeting will be held in August. The Dan Bourgeois subdivision was then discussed and M. Hermann made the motion to hold a brief meeting on Friday, July 8, 2005 at 5:30 p.m. to process the Bourgeois subdivision application, seconded by R. Moulton. So voted unanimously. Z. A. Hanson to publish the notice in the local newspaper as well as the notice of postponement of the regular PC/ZBA meeting from July 7th to August 4th.

<>Chair Hofmann discussed the plaque for the school given to the Maritime Museum by the Town of Panton. This was also discussed with the Selectboard who will make the decision where this plaque should be located.

M. Hermann reported on the ACRPC Town Plan. Chair Hofmann advised that the Selectboard asked the PC for recommendations for delegate(s) to ACRPC. M. Hermann stated this has been done via a letter received [by ACRPC] May 11, 2005 signed by R. Atkins, Selectboard Chair. Chair Hofmann will verify this information with the Selectboard.

<>Chair Hofmann advised that the Selectboard approved the attendance of town attorney James Carroll for the Hartenstein appeal. <>

Planning Commission stipends were discussed with the possibility of requesting an increase to $200.00 per member to the Selectboard.

<>Z. A. Hanson suggested interim Zoning Bylaw change be adopted by the Selectboard otherwise the September 1, 2005 schedule will not be met. Brandy Saxton is forwarding information to him relative to the changes.

<>Motion to adjournment by L. Giovanella at 8:15 p.m., seconded by R. Moulton. So voted.  <>
 

 

<>Susan F. Torrey
Town Clerk