Weathersfield Select Board

Informational Meeting

Repeal of Zoning and Subdivision Regulations

February 25, 2010

Panel members are April Hensel, Act 250 representative, Bob Stacey, Town Manager in Hartland, VT (town without zoning) and Tom Kennedy, Regional Planning Commission representative.

Mr. Arrison called the meeting to order at 7:05 p.m. at the Weathersfield School. The consensus of the audience was to try and adjourn by 9:00 p.m. Mr. Arrison said the representative from VLCT could not attend due to the weather so the information she was going to provide is in the handouts on each seat. He asked the audience to please be civil and orderly and the questions should be address to the panel and if they can not answer he will ask a member of the audience to address the question.

Chris Harris, a member of the Weathersfield Conservation Committee, asked about the restrictions in development in deer yards and on agriculture land. Mr. Kennedy said the Agency of Natural resources show where deer yards are and generally there is not a strict boundary to prevent development but they are taken into consideration when developing. He said borings have been done to determine prime agricultural soils, this is based on science. Dave Fuller said he takes issue with that response, he said he has asked the town to take a second look at agricultural bylaws. Mr. Fuller said the town needs to be able to walk on properties to determine if it’s agricultural soils or not, it should not be determined by fly overs. Mr. Kennedy said he does not have the town bylaws to refer to he is speaking on state laws generally.

Carrie Spoke asked what the complaint process was with or without Act 250. Ms. Hensel said there has to be a certain number of lots for Act 250. She said there has to be six or more lots within a five year period. She said if it’s not an issue with Act 250 then it would be a nuisance lawsuit through the court system or it could be a public health officer issue. Carrie Spoke asked how many employees were with Act 250 and what the response time is. Ms. Hensel said Act 250 responds quickly if they have jurisdiction. Mr. Stacey said most complaints go through the Town Manger’s office and usually there is not a lot that can be done without zoning.

Julia Lloyd Wright, Energy Coordinator for Weathersfield, asked how the removal of the zoning bylaws would benefit Weathersfield. Mr. Arrison said this is rather a subjective question. None of the panel members could comment on a benefit. Dan Willey said one benefit would be the older retired people on fixed incomes that want to subdivide would be able to and it would help them.

Lorraine “Cookie” Shand asked how many rejections have there been in the last four or five years. Mrs. Bearse said the total number of permits denied without an appeal has been 3% - 4% or about thirteen (for various reasons and again, without an appeal).

Edith Hunter asked what about the agreements that are already it place, what happens to the agreement. Mr. Kennedy said he doesn’t think the agreement would go away as it is part of the initial agreement but if the agreement doesn’t happen it would be an enforcement issue. Mr. Arrison said we have heard conflicting stories, we have heard the permits may be void. Mr. Melen said he feels the permit will stand without a way to enforce it but it may be possible to privately litigate it. Mr. Mullen, soon to be Weathersfield Town Manager, said he agrees with Mr. Melen.

Willis Wood said we’ve heard a lot about ordinances that may fill in if we get rid of zoning like on cell towers, rare species etc so can there be an ordinance that controls something and if so who enforces it. Mr. Stacey said you would not have any ordinances if you don’t have zoning. He said waste water seems to be the biggest issue and now that goes through the State. He said you would have to go with the State Statute. Mr. Kennedy said generally towns adopt zoning once they get into having a number of ordinances. Mr. Wood said he counted fourteen or fifteen ordinances within the town of Weathersfield right now. Mr. Melen said in the VLCT information that was passed out it states what ordinance you can and can not adopt for local ordinances without zoning.

Ginger Wimberg asked if a town ever done away with zoning then been unhappy so they want to go back. She said she is thinking about the school and the schools budget as no zoning may bring more people to the town. Mr. Kennedy said he doesn’t know of a town that has done away with zoning and then went back to it.

Tom Harrington said he thinks there are pro’s and con’s to this and if you drive through Hartland on Route 5 you will see a town without zoning. He said he is not big on rules and regulations and asked Mr. Stacey how long he has been Town Manager at Hartland and what his thought is on zoning. Mr. Stacey said he is in his twelfth year and feels some regulation is good mainly because of being courteous to others. He said there is a draft coming to the Select Board soon regarding having zoning. He said if there was zoning the Lister’s time would be cut back (due to the way they handle the building process). He said he gets a lot of calls from the small neighborhoods.

Keith Graham asked if the big fear of development would be controlled by the regulations of water and sewer restrictions. Ms. Hensel said it used to prevent a lot of development but changes have been made and now they are seeing more small lot development. There is even development in wetlands and on steep slopes. She said old permits that were not approved years ago are now going through. Mr. Graham asked if set backs would still apply. Ms. Hensel said she doesn’t know of any set back requirement when there is not zoning. Mr. Stacey said the State does not rule on set backs. Mr. Kennedy said requirements of water and sewer having to be a certain distance from each other is not as big of factor now because of innovated systems, he said very high tech designs of systems allow development on small sites. Mr. Arrison asked without subdivision regulations could you subdivide and not develop until a later date. Ms. Hensel said in order to subdivide you go to the State but when you develop you go back for a permit. Sandra Conant said there are set backs for sewer lines from where you build your house.

Alison Roth asked if there would be restrictions still to protect an historic structure. Mr. Stacey said there is no protection that he is aware of. Ms. Hensel said none through Act 250 that she knows of unless a particular building is under protection but she doesn’t know of any protection for single family historic homes.

Alan Hudson said if we get rid of zoning there is the potential for rapid growth and asked how the towns without zoning get compensated. Mr. Arrison said maybe we could ask for impact fees from developers, he said the Town of Hartford has impact fees. Mr. Melen said impact fees can’t exist out of zoning, they are within zoning.

Linda Spurr asked what the process is and how long it takes to create an ordinance. Mr. Kennedy said it’s in the State Statute what you must do for which type of ordinance you are looking to create. He said they Statute gives you the information how to adopt them. Mrs. Spurr said so it is possible to incorporate an ordinance in the Town Plan. Mr. Kennedy said no, an ordinance and the Town Plan are very different from each other.

Debbie Graham asked if we would still have a Town Plan to govern us. Mr. Kennedy said it would assist you in Act 250 hearings. Mrs. Graham asked why we would have a Town Plan if it is only to help in Act 250. Mr. Melen said the State requires you to have a Town Plan. Mr. Kennedy said the central purpose of a Town Plan is it is your blue print; it is how you want to see your town and also talks about cemeteries, streams, views etc for an Act 250 hearing. Mrs. Bearse said a Town Plan is guidance to the Select Board; it helps with many issues outside of zoning for the benefit of the towns people. Mr. Kennedy noted it does not have regulatory purpose.

Mr. Arrison noted Ms. Hensel is a resident of Cavendish where a Town Plan is used without zoning and asked her her thoughts. Ms. Hensel said recently Supreme Court decisions have made it clear that a Town Plan has to have very clear language, that it is not ambiguous. She said their Town Plan is being revised now so it can have a role in Act 250 hearings. She reiterated it has to have good strong language; it can be useless if it is not written properly.

Graham Hunter asked if the voters should repeal the zoning if the Select Board has the authority to adopt interim zoning bylaws to be sure development works with the town plan. Mr. Arrison said he believes the Board does but personally if the voters vote to repeal zoning he would not be comfortable adopting interim bylaws. Mr. Melen said the Town’s attorney’s opinion is the Select Board has emergency authority to adopt interim bylaws but the Attorney also said this would not be an emergency since public hearings have been held and it has gone before the voters. He said individual sections such as the flood regulations will consist of a special town meeting; the town meeting will control the vote. Mr. Arrison noted that if zoning is repealed the Select Board would work to get the flood regulations ordinance together as soon as possible. Michael Todd said ten people are participating in flood insurance at this time but only four are required to do so.

Bruce Murray asked for comparative costs for permits between Weathersfield and other towns. Mr. Melen said he only has Town of Ludlow’s fees and for a new building permit in Weathersfield it is $100 plus 5 cents per square foot, Ludlow’s is $100 plus 10 cents per square foot. He said a conditional use permit in Weathersfield is $200, Ludlow’s is $300. An amendment is $120 in Weathersfield and $300 in Ludlow and lastly a small enterprise permit in Weathersfield is $200 and in Ludlow it is $300.

Mr. Murray said people are concerned about a second building on a preexisting lot and asked if the second structure had to not be greater than 30% of the existing buildings size. Sandy Conant said at one time it used to be this way but it is no longer valid. She said you need a permit to be sure water and septic is sufficient though. Mr. Murray asked if a second septic system still had to be part of a small lot. Ms. Hensel said with some of the new systems that are out there a second system is not required; she said the new innovative systems do not require the same limits. Mr. Arrison said he has seen some of the new systems and they are like miniature waste water treatment plants.

Mr. Murray asked if the State was controlling deer yards, endangered species areas etc. now. Ms. Hensel said deer yards can be local or Act 250. In an Act 250 situation you may be able to develop while preserving some of it. She said they try to have you mitigate development of deer yards but development is still possible. She said there are different classes for wetlands. She said in a Class I or Class II wetland area they require a buffer but you can get a conditional use permit and roads can go through under Class II wetland regulations. She said no buffer is required in Class III wetlands.

Tom Harrington how much a new innovative septic system costs? Mr. Arrison said he has heard it is similar to a mound system.

Mr. Harrington said some are concerned with the impact on the school system and he said maybe Weathersfield could encourage development for 55 year olds and older.

Graham Hunter, Zoning Chairman, read the regulations on deer wintering areas which do not prohibit development.

Debbie Graham said in the Annual Report it stated Act 250 does not claim jurisdiction. Ms. Hensel said if there is no zoning Act 250 is triggered in the development of six or more lots within a five year time period. Mrs. Graham said the information in the Town Report was wrong then.

Carrie Spoke asked the difference in the appeal process between local zoning and Act 250. Ms. Hensel said the cost is $225 through the environmental court for Act 250. Mrs. Bearse said the fees vary from $95 to $225 for local appeals. Mr. Todd said the cost for him exceeded $5,000 to appeal his case and it didn’t go before a judge and it will take someone a year or more for the process to happen. Ms. Hensel said the appeal rate is about 2% with Act 250.

Patrick Smith asked how many non conforming lots were in Weathersfield at this time. Mr. Melen said there was no way to tell without going through each parcel.

Keith Graham asked how many slaughter houses and Walmart’s there are in Hartland. Mr. Stacey said none but what no zoning has allowed is commercial business to develop in residential neighborhoods. Mr. Graham asked if other regulations prevented slaughter houses from being built. Sandy Conant said there are definitely other regulations for a slaughter house. She said there is quite a process to go through with the Department of Agriculture, Agency of National Resources etc. Mr. Melen asked if Public Hearings were held or just done administratively. Sandy Conant said Public Hearings are held sometimes.

Michael Todd said he is confused on the Town Plan. He asked the panel if they were familiar with West Fairlee’sTown Plan which also has an ordinance. The panel said they were not. Mr. Kennedy said towns do things they are not supposed to do. He said Ordinances and Town Plans can not be mixed.

Mr. Kennedy said the Act 250 Commission generally consists of three people that do not reside within the Town and zoning is served by local townspeople on a board. He said the two processes are very different.

Ms. Hensel said a Town Plan has different purposes, it is the basis for zoning and it is needed for State grants. She said the Town of Cavendish uses it in the Act 250 process because they don’t have zoning.

Mr. Fuller said as a farmer he is losing money in his business. He said on page ninety of the Town Report it shows delinquent taxes are rising. He said he has received the pamphlets in the mail asking to keep zoning and subdivision within Weathersfield just change it and he is interested to know what changes will be made to help the situation if it is kept. Mr. Arrison said he thinks the problem is lack of citizen participation when the documents are being developed. He said regardless of how the vote goes on Tuesday the process is under way right now to revise the Town Plan and volunteers are needed.

Bruce Cox said they are working on the transportation process at this time which should take about a year. He mentioned that a survey was sent out with the Town Reports asking for public participation. He said the results will be available and used in rewriting of the Town Plan. Mr. Cox said they meet the 2^nd and 4^th Monday of each month at Martin Hall and encouraged participation. Mr. Todd said they are also hoping to hold meetings in each “Village” within Weathersfield to get participation. Peter Daniels said the transportation and energy section of the Town Plan will take about a year to rewrite. There will still be another four or more years before the whole plan is complete, he said there are eleven elements in all and it’s an evolving process.

Peter Daniels asked when Act 250 jurisdiction took over on commercial development. Ms. Hensel said for new projects Act 250 becomes involved when it is more than one acre if there isn’t any zoning.

Mr. Melen asked for purposes of clarifying are home offices, home occupations considered commercial. Ms. Hensel said there is a new definition out and not all home offices are commercial, they are looked at case by case.

Glenn Fisher asked how the current zoning bylaws compare to the current Act 250 requirements. Ms. Hensel said the process for Act 250 is you need a permit so you fill out an application. She said about 70% are done without a public hearing at this time and the process can take up to forty five days. Mrs. Bearse said you need a permit for a home occupation if you are using 20% or less of your home and the average turn around time for this is one week. She said if an outbuilding is being used then it is a home industry and the application fee is $200 and the average turn around time is two months. Brenda Richardson asked if a business in a separate building was considered a home industry, the answer was yes.

Bruce Murray said to summarize with what Mr. Fuller said, if zoning remains and regulations change how much change can happen with the current board members. It was said the Select Board should appoint people to get on the Boards that will be fairer. Brenda Richards said to change the laws people need to attend the meetings.

Peter Korbet said he’s heard a lot of presentation tonight that says we have a lot of protection where as towns without zoning do not have any protection. He said small enterprise is now an administrative permit where it used to be conditional use. Mr. Korbet also said that the definition of light industry reads the same as industry. He said he also sees lack of balance in the Town Plan and said that there used to be a 50’ set back for parking and now it is a mere 4’ fence. Graham Hunter said there is some small enterprise permitted use in a Village. Mrs. Bearse said small enterprise requires a site plan review.

Mr. Cobb made the motion to adjourn. Mr. Boyer seconded the motion which passed without dissent. The informational meeting was adjourned at 8:48 p.m.

Respectfully Submitted,

Lisa Sargent

Select Board Recording Secretary

Approved by Weathersfield Select Board on March 18, 2010

Norman John Arrison

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Henry “Chip” Cobb

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Glenn Fisher

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Dave Fuller