The audience members were Keith Graham, Michael Todd, and Will Ellis.

David Gulbrandsen called the meeting to order at 7:00PM.

II. Additions & Corrections
There were none.

III. Approval of Minutes: December 1, 2010
Graham Hunter made a motion to move approval of the minutes to after the public hearing. Ted Goddard seconded it. All were unanimous.
Graham Hunter made a motion to approve the minutes of December 1, 2010 with corrections. Barbara Ingalls seconded it. All were unanimous.
IV. Public Hearings
A. Appeal by Mike Todd of the decision of the Zoning Administrator to grant permit #12.1610 to William Ellis and Anne Stohrer for establishment of a physician's office as a Home Occupation at 121 John Jensen Road
David Gulbrandsen opened the hearing at 7:02PM. Barbara Ingalls knows Anne Stohrer. Barbara Ingalls recused herself from the hearing. Michael Todd, Will Ellis, and deForest Bearse are interested parties and affirmed.
Michael Todd stated that when he reviewed the application, he noticed that it said a medical office with no medical waste. He also questions off street parking. He feels that the number of patients per day (8-12 per day) is low. He went over the home occupation condition #G. The amount of traffic changed form 9 ½ to 19.1. He felt that the 12 proposed trips would exceed the limit on that road. With two doctors there, the number of patients is not reasonable. He looked at the 8-12 trips to see if it fits in within the bylaws. He feels that this is a change of use. He referred to the B71 standards. The line of sight has less than 450 feet, at 400 feet northbound, you cannot see the driveway. The average traffic on Route 106 is
3,100 during the day. This is a busy area and presents a hazard for the public.
Exhibit 1 is the appeal letter. Exhibit 2 is the letter received 1-6-11 to deForest Bearse with the grounds stated. Exhibit 3 is the original zoning application dated 12-16-11. Exhibit 4 is the Town of Weathersfield, VT Highway Access Ordinance. Exhibit 5 is the B-71 Standards for Residential and Commercial Drives.
Graham Hunter stated that this is in RR1 and C10 zones. The home occupation is a principal use with a single family residence.
Michael Todd read over the highlighted areas in the highway access ordinance. He stated that the stopping distances are not what they should be. He feels that it is going to be a hazard with what is being proposed. He feels that an engineer study should be done. The traffic is too heavy on Route 106. The line of sight to the north is not long enough. David Gulbrandsen said that the road already exists. Michael Todd said it does not lessen the impact on the highway. The road is in the 100 year flood hazard and the parking is close to the wetlands.
Ted Goddard stated that John Jensen Road and Route 106 were built by the Town and the State. The Board does not have the right to say how the road was built wrong because the sight distance is horrible. Will Ellis's access is from his driveway to John Jensen Road and then onto Route 106. Michael Todd said that John Jensen Road was a driveway and a town road before these ordinances. The doctor's office is a change of use. Graham Hunter said that this is a home occupation and not a commercial use.
Michael Todd said that it still is a commercial use. He presented the Board with pictures. Exhibit 6 will be pictures of heading south at 350 feet and 405 feet. He just measured and then took the pictures. In the table of the state average daily count in 2009 were 3,100 for Route 106 one mile south of High Street. When someone comes out, you can't see that road when you are coming south. It is going to pose a safety hazard. Mr. Ellis claims no medical waste. In 1988 or 1989, medical wastes were handled by the federal government. I am challenging the testimony of no medical waste. Exhibit 7 will be the Agency of Natural Resources in regards to regulated medical work.
deForest Bearse stated that the application dated December 16, 2010 meets the standards. Will Ellis signed the statement. The application said there will be no medical wastes. The parking at the end of John Jensen Road meets the requirements. There is no official layout of the turnaround at the end of John Jensen Road. It is a Class III with 2/10 of length. There is prime agricultural soil in the proposed parking area. The property has 100 acres. Exhibit 8 is the town highway map. Exhibit 9 is the prime and statewide agricultural location designator. Exhibit 10 is the location of the wetlands. Exhibit 11 is the location of the flood hazard areas. The wetlands are away from the parking area. State access is not necessary since it is accessed from a town highway, not a private driveway. Exhibit 12 is deForest Bearse's testimony. Exhibit 13 is a letter to the ZBA from Cheryl Cox received 1-19-11. She is an abutter, therefore, an interested party. The letter was read into testimony.
Will Ellis said that no one knows where John Jensen Road officially ends. The parking area is to the south. It will be 50 feet deep till it goes down to the pasture where the agricultural soil is located. The turnaround is not meant to be a cul de sac. The turnaround is on their property. He will be leaving three different ways for people to turn around. In regards to medical waste, any biopsy will be taken to the hospital. There will be no procedures there. Everything will be transported in a biohazard bag. This is not their sole office. There will be a maximum of 8 to 12 patients. It is our house and we do not want to use it every day. They will be doing surgeries 2 days a week at the hospital. The only waste product would be some blood, but all places deal with menstrual products. There will be no human tissue as medical wastes. He is also concerned with traffic flow. He would like to see the speed limit there 35 mph. Michael Todd said that blood and menstrual products are medical wastes. Will Ellis said that pap smears are in a sealed bag and brought to the hospital. There is no sterilization.
Ted Goddard made a motion to close the hearing at 7:49PM. Graham Hunter seconded it. All were unanimous to close the hearing.

V. Public Comment
Michael Todd discussed with the Board interested party status under Title 24. He mentioned how it is done with Act 250. He said that an interested person status allows people to be involved.
David Gulbrandsen said that he is in favor of it. People should be up front to allow the Zoning administrator to present her rebuttal. Michael Todd said he should have submitted his appeal with his grounds.
Graham Hunter stated that there are no procedures for ground of appeal. The appeal process is in fairness. It might be a good idea when the Bylaws are written to look at Title 24. If someone is filing an appeal, they should file their grounds before the hearing.
Ted Goddard wanted to know if this is about completeness of appeals or completeness of testimony before us. Michael Todd said that people voted to keep zoning. There is a difference between this Board and Act 250. Ted Goddard said that the Board goes to great lengths within this book and what the citizens of the Town want. deForest Bearse tries to walk people through the process.
David Gulbrandsen agreed that deForest Bearse helps people. Michael Todd said that the Board should try to work things out with people instead of having them on sides.

VI. Other Business
There was none.

VII. Adjournment
Ted Goddard made a motion to adjourn the meeting at 8:12PM. Debbie Graham seconded it. All were unanimous to adjourn.

Respectfully submitted,

Diana Day