Planning Commission 11-10-08

TOWN OF WEATHERSFIELD, VERMONT PLANNING COMMISSION Monday, November 10, 2008 I.    Introductions: Commission members present were Bruce Cox, Peter Daniels, Ed Williams, Chris Charest, and deForest Bearse (Land Use Administrator). The audience members present were Paul Tillman, Marion Ballam, Chris Callahan, and Stephen Farrington.  Michael Cohen participated via speaker phone. II.    Approval of Minutes: Meeting of October 6, 2008     Ed Williams made a motion to accept the minutes of October 6, 2008 with minor corrections.  Bruce Cox seconded it.  All were unanimous. III.    Review Meeting Agenda – additions, corrections     There were none. IV.    Public Hearings: A. Final Plat Amendment #09.1808 by Catherine Voghell Farrington requesting an amendment to Final Plat #12.2203 to show the bounds of the shared right-of-way to the properties on Garden Way in Ascutney (continued from October 6, 2008) Chairman Daniels opened the hearing at 7:05.  Chris Callahan and Michael Cohen affirmed.  Peter Daniels stated that he was not at the last meeting, but read the minutes and talked with deForest Bearse about this. Chris Callahan mentioned that John Springer had contacted him.  John Springer will be representing the Tillman’s.  He was only retained that morning and needs time to get up to speed.  Chris Callahan gave John Springer a little bit of background and left a message with Scott McAllister for the Farrington’s.  Neither lawyer was able to make tonight’s meeting, but they expect a continuance.  Chris Callahan understands that someone will be asking for a continuance.       Stephen Farrington said that he did not hear that, but would like to request a continuance so that all parties have time to present their evidence.  Michael Cohen wanted to know why there was going to be a continuance and what evidence was needed.  Ed Williams said that the evidence would be deeds and other information requested by the Planning Commission.  Michael Cohen said that he did not receive any letter.  deForest Bearse mentioned that a letter was sent to the Tillman’s and the Farrington’s.  It requested information or evidence to prove that the agreements for two prior subdivisions (40 foot right of way and 50 foot right of way) and looking for documentation or deeded evidence that these right of way were created.     Michael Cohen wanted to know if this will impact the Voghell’s subdivision.  deForest Bearse said that the Planning Commission has not proceeded that far.  There was an agreement to establish a 40 foot right of way with an additional 10 feet from the Voghell side.  Chris Callahan said that proof of the 40 foot right of way needs to be found and see if either one is in compliance.  Michael Cohen wanted to know if the town highway requirements and the emergency turnaround will be addressed.  Ed Williams said it would be once the facts for the rights of way are presented.  Peter Daniels said that the Commission will address these concerns and be able to make an adequate decision.       deForest Bearse said that Catherine Voghell Farrington requested there be an amendment to the final plat.  She did not want to be relieved of the emergency turnaround or the increase of the right of way.  It was solely to address the width of the right of way.       Stephen Farrington wants this to be a marketable title and was not aware that they needed to maintain the road to town standards.  In the Planning Commission minutes, there was a statement to a turnaround and town standards.   He wants to know if it was a requirement from the town.       Michael Cohen said that there was an approval letter from the Planning Commission and it listed three conditions.  There was an agreement to establish a 50 foot right of way and why is there a question now when it was required in February 2004.  He wants to know how the Commission can waive this requirement.     Ed Williams said at this state, it is only a request.  The Commission needs all the facts from all parties involved.  Chris Callahan said that the Commission is looking at the amendment and gathering information.  No decision has been made to amend this permit that exists.  If the Commission amends it, it would be a variance and need to meet the five requirements.       Michael Cohen stated that if the Commission allows this, it would put a burden on the future property owners.  Ed Williams said that the Commission is trying to make the best decision for all.  Michael Cohen stated that he is still having trouble understanding why this is on the table.       Stephen Farrington said that they are doing the amendment to correct the omission on the plat.  The plat had the words for the 50 foot of right of way, but not the lines.  He would like to have the deeds reflect what was omitted from the site plan.  Unfortunately, Mike and Stacy Tillman have no interest in meeting.       Michael Cohen said that the letter clearly stated that a 50 foot right of way was needed and does not see where it has been done.  It was not done in a timely fashion and the subdivision went ahead anyways.       Chris Callahan said that the lawyers know the issue and they can get the deeds if they exist.  Stephen Farrington said that some deeds from the Voghell subdivision refer to the mylar as the controlling document.  Paul Tillman said that he just received the letter last week and is unclear what was needed.  He called John Springer to help with this matter.  Peter Daniels said that it would be good if all the parties could come to an agreement before the next meeting.       Ed Williams made a motion to continue this hearing on December 8, 2008 with the requested information from the Tillmans’ and the Farrington’s.  Chris Charest seconded it.  All were unanimous to continue this hearing.   V.    Sketch Plan Review VI.    Public Comment:     There were none. VII.    Set or reinforce the agenda, date, time, and place for the next meeting VIII.     Adjournment: Bruce Cox made a motion to go into deliberative session at 7:40.  Chris Charest seconded it.  All were unanimous to go into deliberative session. Respectfully submitted, Diana Day

Last Updated on Monday, 15 December 2008 18:22