Introductions:

Commission members present were Bruce Cox, Michael Todd, Ed Williams, Alan Hudson, Gil Whittemore, Julia Lloyd Wright (ex-officio), and deForest Bearse (Land Use Administrator).

The audience members present were Arthur Gates, Peter Korbet, Susan Korbet, Gary Pellerin, Chris Charest, Cindy Farren, Patrick Farren, Sally Harris, Joy Smith, T. H. Renaud, Max Frazer, Edith Stillson, Patricia Waite, Edith Hunter, Graham Hunter, Willis Wood, Ruth Hassard, Rolly Cann, Harry Temple, Wayne Smith, Walter McDaniel, Annemarie Christensan, Don Chabot, Robert Terraccian, Maria Terraccian, Ellen Clattenburg, and Marion Ballam.

Chairman Bruce Cox opened the hearing at 7:00.

I. Approval of Minutes: Meetings of November 8, 2010

Ed Williams made a motion to move approval of the minutes to the end of the meeting. Michael Todd seconded it. All were unanimous.

Ed Williams made a motion to approve the minutes of November 8, 2010 with corrections. Gil Whittemore seconded it. All were unanimous to approve the minutes as corrected.

II. Review Meeting Agenda - additions, corrections

There was none.

III. Public Hearings:

IV. Requests/Reviews: None

V. Discussions:
A. Bylaw/Regulation Revisions-Discuss possible changes to and standards for Historic preservation bylaw, 6.11
Bruce Cox read the revision to the bylaw. Rolly Cann was on the Planning Commission when the bylaw was written. At that time, the Commission did not have any specific issue in mind. They looked at other bylaws from other towns. It is too much of one size fits all. He felt that it should be changed to a conditional use and allow flexibility.
Graham Hunter mentioned to add the criteria included in 6.11 as a 21st item in the list of items to be included in the submission for a Site Plan Review in 9.2.3. It gives the ZBA an opportunity to review the impact on historic site and structure and impose conditions to reduce or eliminate whatever consequences there will be. It would provide excellent protection and allows reasonable development.
Peter Korbet asked if there is an inventory for historic districts and the area of Perkinsville is not included in the green dots. He mentioned 24VSA4414 Section F in Zoning Permissible Types of Local Historic. He brought this to the Planning Commission a few years ago. It was critical at that time. The Weathersfield Historic Land Document was referenced which is an obscure document. He gave a one page report to the Select Board which he could give to the Commission. He referred to the Vermont Statue 4414 and 4407, Section 15. deForest Bearse read the location of the 12 historic districts.
Ed Williams stated that having historic districts are too much. The Commission cannot get into that right now. The Commission is discussing development within 300 feet, not about historic districts. The ordinance states that a person cannot build within 300 feet and the Commission would like to protect and preserve historic buildings, but allow people to do some building that does not interfere with others. Peter Korbet asked what Statue this was under. Gil Whittemore said that the objective for this meeting is to listen to people's comments. The Commission has not made a decision yet. Michael Todd stated that in 4414, it suggests language for towns, but is not required or mandatory.
Joyce Smith discussed how the Bow Church was deeded off land that she owned. Then houses were built with 2 acres left for the church. At that time, no one thought about the 300 feet around the church.
Rolly Cann said that other towns must have discussed this too. He suggested that the Commission look at other towns. Willis Wood asked the Commission if they were to follow Graham Hunter's suggestion would it apply to commercial only or single family too. Ed Williams said that all development would need a site plan review if it happens within the 300 feet.
Graham Hunter said that as a member of the ZBA, the Bow is a hamlet and cannot have a gas station. He read what is permitted in hamlets. The Bylaw right now is good, but 6.11 does not make any sense. According to the Bylaw, only the organization that owns the property has the right to do any development. It does not address what happens beyond the property line. For instance, in the Center, the church is owned by one group and the Dan Foster House is owned by another group. Nothing could be done there because it is owned by two different groups. Also, with the Procter Library and the Ascutney Church in town, no one could build anything there either.
Edith Hunter wanted to know if 6.11 could be cut out. deForest Bearse said that it needs to go to a Town Meeting or to the Select Board. The Select Board could act on it. It could be made as an interim. deForest Bearse read two letters from property owners in town in regards to this Bylaw.
Gil Whittemore said that this might inhibit organizations to raise funds for the historic site/building. They could run into opposition to be put on the historic list. He wanted to know if anyone has found being on the Historic Registry helpful.
Peter Korbet said that his observation in deForest Bearse's letter it said shall not occur and was in bold. Bold is typically used for added language. The Commission mentioned that is why Bruce Cox read it at the beginning of the meeting for clarification. Peter Korbet wanted to know if the Center has meets and bounds. deForest Bearse said that it does and is shown on the zoning maps.
Wes Smith mentioned how the house in the Bow near the church that burned a little while ago could not be rebuilt with this bylaw in effect. It is important to keep the character in hamlets and does not expect gas stations in the Bow. He was on the Planning Commission with Rolly Cann and never did they say to restrict people from building a porch. He had never thought the 300 feet would come up. Sue Korbet mentioned how Wes Smith lives in the Jarvis house and the mobile home park was put in there. Someone could say that the mobile home park should not have been put there.
deForest Bearse mentioned that it has been in bylaw since the beginning. It has now just been brought up. The 300 feet can deny people from using their own property.
Max Frazer asked if Act 250 looks at the bylaw. deForest Bearse said that Act 250 looks at State, not Town Bylaws.
Walter McDaniel said that originally these were zoning guidelines. It has never been enforced and can't work since people live so close together. Sue Korbet wanted to know if the zoning was in line with what Town's people want to do with the Perkinsville School. She wanted to know if our zoning will control what will happen to that spot. She referred to an e-mail that was sent out in regards to a McDonalds going to that location. Bruce Cox said that our existing Bylaws provide guidance. Ed Williams said that a McDonalds going into the school site will not happen due to our zoning.
Robert Terraccian asked why not just do an amendment. It could stay on the books, but could be amended. The historic site is the site and not 300 feet away. It should not have any control over anything else. He sees this as a protection and an amendment would allow certain things. The State says that a bylaw can be amended, but cannot just get rid of it. Gil Whittemore said that the bylaws are meant to be amended and changed. Ed Williams said that there are already protections in there for certain areas.
Peter Korbet said pertaining to create additional historic districts, there are no historic districts. He is glad that the Planning Commission is finally looking at this. In the past, it has been incorporated in some plans, such as on Quarry Road. There have been a number where land has been developed. In 6.11 it could encumber development on those lots. If someone was do open the Ascutney House, how anyone could redevelop it.
Rolly Cann wanted to know if Weathersfield Center is a zoning district. deForest Bearse said that there is a green dot on the zoning map which says it is a zoning district, nothing says historic district. Don Chabot said this will have an adverse effect on the Town. People will have a tough time trying to sell their property. Gary Pellerin felt that the Commission should get rid of it. He said that if someone does not have the money to fight it, they cannot fight it.
Graham Hunter said there are more problems with only citing historic sites. The Commission should let the Select Board decide what the criteria will be. The advantage to include 300 feet for site plan review, could list historic sites. Sue Korbet said that there could be a design review board for it. Ed Williams said that some people have mentioned design review boards. The Commission has not chosen to go that way. The Commission does not want to create more zoning.
Joy Smith said that each site has its own personality, to say 50 feet, 300 feet, is ridiculous to have an amount of feet required. Edith Hunter said that in 1993 at the suggestion of the State, they listed 250 sites in Weathersfield. The State has had that list for 17 years and deForest Bearse asked the State about the list. The State is considering it. Bruce Cox said it is not up to the Commission to say what is and what isn't. The State has the list. Graham Hunter said that people with a site plan review would provide them with a public review. The review could list the historic sites in that district.
Peter Korbet said that from what Graham Hunter said, think about this past March and what happened then. Things were being decided without people's input and that is why I brought up the Design Review Guide. These are types of criteria that have been developed by the State and have been used. This Bylaw should be dumped in its entirety.
Bruce Cox said that the Commission is not going to do historic districts. Peter Korbet said to develop a criteria. Ed Williams said that there are not zoning district right now in our Zoning Bylaws and do not anticipate to having that in our bylaws. Ed Williams said that the Commission is still working on the Town Plan.
Michael Todd made a motion to repeal Zoning bylaw 6.11. Ed Williams seconded it. All were unanimous to repeal this bylaw. deForest Bearse went over the procedure for this.

VI. Public Comment:


VII. Wrap-up: debrief issues addressed and input given

VIII. Set or reinforce the agenda, date, time, and place for the next meeting

IX. Adjournment:
Michael Todd made a motion to adjourn the meeting at 8:32 PM. Ed Williams seconded it. All were unanimous to adjourn.

Respectfully submitted,

Diana Day