I. Introductions:

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

There were no audience members present.

Vice Chairperson Ed Williams opened the meeting at 7:00 PM.

II. Approval of Minutes: Meeting of August 8, 2011

Michael Todd made a motion to approve the minutes of August 8, 2011 with corrections. Gil Whittemore seconded it. All were unanimous.

III. Review Meeting Agenda - additions, correction
deForest Bearse would like to discuss the letter in regards to the Kelly Farm. She has received the mylar for the Domey subdivision.

IV. Public Hearings: Zoning Bylaw Revisions
(A) Section 6.2 Nonconforming Lots and Parcels
Ed Williams opened the hearing at 7:08 PM. No one was present to provide any comment on this bylaw. deForest Bearse read the bylaw. 6.2.2 Merger, any district: Proposed Language If a lot not conforming to the minimum lot size requirements in the district in which it is located subsequently comes under common ownership with one or more contiguous lots, the nonconforming lot shall not be deemed merged with the contiguous lot.
Gil Whittemore made a motion to close the hearing at 7:10 PM. Michael Todd seconded it. All were unanimous to close the hearing. Gil Whittemore made a motion to send 6.2 as presented at the hearing and the report to the Select Board with a recommendation to adopt it. Alan Hudson seconded it. All were unanimous.

(B) Section 6.5 Nonconforming Structures
Ed Williams opened the hearing at 7:12 PM. No one was present to provide any comment on this bylaw. deForest Bearse read the bylaw. 6.5 Nonconforming Structures - Proposed Language Nonconforming structures (see Definitions, section 8) may be maintained and repaired. Nonconforming structures may be enlarged horizontally in any manner such that the resulting footprint complies with the current setback requirements of the zoning district in which the nonconforming structure is located. Nonconforming structures may be enlarged vertically, so long as the vertical enlargement does not exceed the current height limitations stated in section 6.12 of these bylaws and the enlargement is made within the existing footprint of the nonconforming structure.
Alan Hudson made a motion to close the hearing at 7:14 PM. Gil Whittemore seconded it. All were unanimous to close the hearing. Michael Todd made a motion to send 6.5 as presented at the hearing and the report to the Select Board with a recommendation to adopt it. Alan Hudson seconded it. All were unanimous.

(C) Section 6.10.1 Streambank Conservation
Ed Williams opened the hearing at 7:16 PM. No one was present to provide any comment on this bylaw. deForest Bearse read the bylaw. 6.10.1 Streambank Conservation: Proposed Language Purpose The purpose of this bylaw is to prevent: erosion of the soil adjacent to streams; sedimentation of streams; and destruction of stream bank habitat. Application This bylaw shall be applied to any stream wherever the stream channel width is greater than 4 feet at the regular high water mark. These streams shall be referred to as protected streams. (See definition of stream, Section 8) Method-A naturally vegetated buffer strip shall be maintained on the banks of protected streams. The width of the buffer strip shall be measured from the regular high water mark (see definition of regular high water mark, Section 8) of the protected stream to the top of the stream bank or 25 feet, whichever is less. The buffer strip width shall be measured as the tape lies. No new development or manipulation of the buffer vegetation, other than approved management practices or approved stream crossings, shall occur within the buffer strip. Stream crossings shall be approved by the State of Vermont River Management Program where required by the State of Vermont. No structure shall be placed within 10 feet of the buffer strip. No structure shall be placed or erected within 10' of the buffer. No structure that requires a zoning permit shall be placed within 50 feet of the buffer strip. No structure requiring a building permit shall be erected within 50' of the buffer. Approved Management Practices-The following activities are allowed to occur within a protected stream bank buffer:
• Removal of invasive species
• Cutting hazard trees and/or limbs (stump shall remain)
• Removal of debris

Alan Hudson made a motion to close the hearing at 7:20 PM. Michael Todd seconded it. All were unanimous to close the hearing. Michael Todd made a motion to send 6.10.1 as presented at the hearing and the report to the Select Board with a recommendation to adopt it. Gil Whittemore seconded it. All were unanimous.

(D) Section 7.18 Abandoned and Damaged Structures
Ed Williams opened the hearing at 7:21 PM. No one was present to provide any comment on this bylaw. deForest Bearse read the bylaw. 7.18 Damaged Structures: Proposed Language Within forty-eight (48) hours, the property owner shall post warnings and take precautionary measures upon and around the premises to insure the safety and welfare of the public. Within six (6) months after any building or structure has burned, collapsed, or otherwise been destroyed or demolished, all structural materials shall be removed from the site and the excavation thus remaining shall be covered or filled to existing grades. An extension of time for such site work may be granted by the Zoning Administrator under extenuating circumstances (e.g. insurance delays, financing, weather, etc.). Nothing in these zoning bylaws shall prevent the commencement of reconstruction or restoration within eighteen (18) months of a building damaged by fire, accident, or act of God, to its condition prior to such damage. Such reconstruction shall be a permitted use and no Special Procedures shall apply, excepting the reconstruction of buildings located in flood hazard areas for which a permit is required under Section 6.20 - Floodplain and Floodways. An extension of time for such reconstruction may be granted by the Zoning Administrator under extenuating circumstances (e.g. insurance delays, financing, weather, etc.).
Michael Todd made a motion to close the hearing at 7:23 PM. Alan Hudson seconded it. All were unanimous to close the hearing. Michael Todd made a motion to send 7.18 as presented at the hearing and the report to the Select Board with a recommendation to adopt it. Alan Hudson seconded it. All were unanimous.

V. Public Comment:

There were none.

V. Other:
Ed Williams read a letter from deForest Bearse, Land Use Administrator, to John Ramsey in regards to offering support for the VLT project to protect the Kelly Farm for development. Ed Williams made a motion to approve the letter as written. Michael Todd seconded it. All were unanimous.
deForest Bearse present the Jarvis/Domey mylar to the Commission. She has a letter from the surveyor stating that the corner markers for Lot B have been set. Ed Williams signed the mylar.

VII. Set or reinforce the agenda, date, time, and place for the next meeting
The Commission will discuss 6.1.2 and other bylaws still on their list.

VIII. Adjournment:
Michael Todd made a motion to adjourn at 7:47PM. Alan Hudson seconded it. All were unanimous.

Respectfully submitted,

Diana Day