TOWN OF DERBY
PLANNING COMMISSION
MEETING MINUTES ARCHIVE
*** Unapproved ***
MEMBERS PRESENT: Jim Bumps, Dave LaBelle, Joe Profera, Brian Fisher, Richard Del Favero.
MEMBERS ABSENT: None.
OTHERS PRESENT: Nancy Moore, John Moore, Gary Sexton, Cecile Provost, Richard O’Hara, rick Dubois, ZA Bob Kelley.
7:00 p.m.: Chair Joe Profera called the meeting to order. Dave LaBelle made a motion to approve the minutes to the last meeting (Jan 16) as written. Seconded by Richard Del Favero. Approved by a unanimous decision.
The Commission began discussion on a proposed amendment to regulate adult businesses. The Town’s attorney has reviewed the draft and made a few suggested changes. The Commission agrees with the changes and made a few additional changes. The Commission was given studies showing the adverse secondary affect adult businesses may have on a neighborhood and will review them for their next meeting. Mr. O’Hara and Mr. Dubois support the regulation of adult businesses.
Other bylaw amendments: A group of people were present to discuss the former Provost property between Derby and Derby Line. They would like to purchase the property and restore the barn and convert the house to apartments. The property is currently in the R2 zoning district and multi-family dwellings are not allowed. They were wondering if the Commission would be receptive to a bylaw change to allow this use on the property. The Commission was willing to look into it further. Possible changes were discussed and it was felt that changing the property to COM may be the best option. The Commission would like some time to think about this and will have it as an item on their agenda in 4 weeks.
The Commission reviewed their mail.
8:55 p.m.: Upon a motion by Jim Bumps and seconded by Dave LaBelle, the meeting was adjourned.
The minutes were taken by Bob Kelley
MEMBERS PRESENT: Jim Bumps, Dave LaBelle, Joe Profera, Brian Fisher, Richard Del Favero.
MEMBERS ABSENT: None.
OTHERS PRESENT: Richard Hoffman, Dave Bouffard, Clark Curtis, ZA Bob Kelley.
Public Hearing on Bylaw Amendments.
7:00 p.m.: Chair Joe Profera called the Public Hearing to order for public comments on a proposed bylaw amendment to Article 3 Nonconformities. This is a total rewrite of Article 3 to allow more flexibility and greater clarity in how nonconformities will be treated. There were no comments from the public. The Commission discussed the amendment in detail. Dave LaBelle made a motion to close the Public Hearing. Seconded by Brian Fisher. Approved by a unanimous decision.
Regular Meeting.
7:25 p.m.: Chair Joe Profera called their regular meeting to order. Dave LaBelle made a motion to approve the minutes to the last meeting (Dec 19) as written. Seconded by Jim Bumps. Approved by a unanimous decision.
After a brief discussion on the proposed amendment to Article 3 Dave LaBelle made a motion to recommend to the Selectboard that they approve the following bylaw amendment to have Article 3 read as follows:
In conformance with Title 24 VSA §4412(7), the following provisions shall apply to all nonconformities existing on the effective date of this bylaw.
A nonconforming use is a use of land that does not conform to the present bylaws but was in conformance with all applicable laws, ordinances, and regulations prior to the enactment of the present bylaws, including uses improperly authorized as a result of error by the administrative officer. Section 206 of this bylaw identifies the uses that are currently permitted in each zoning district, as well as those uses that are authorized upon the granting of a conditional use permit.
301.01 A nonconforming use may:
A. Continue indefinitely or
B. Be converted to or restored to a conforming use or
C. Be reestablished if it has ceased to exist or been discontinued for a period of less than six (6) months for any reason or
D. Be changed to another nonconforming use provided that it is of the same or a of more conforming nature (the Zoning Board of Adjustment shall make the determination using the Conditional Use criteria in making their decision) or
E. Increase the number of dwelling units (nonconforming multi-family dwellings only) with conditional use approval and providing all the following criteria are met:
1. The increase in units shall not modify the external dimensions of the structure;
2. The increase in units shall not increase the livable square footage of the structure;
3. The increase in units shall not increase the total number of bedrooms within the structure.
301.02 A nonconforming use shall not be:
A. Moved, enlarged or extended or
B. Reestablished if it has ceased to exist or been discontinued for a period of six (6) months or more for any reason or
C. Reestablished if it has been replaced by a conforming use.
301.03 Intent to reestablish a nonconforming use shall not confer the right to do so.
A nonconforming structure is a structure or part of a structure that does not conform to the present bylaws but was in conformance with all applicable laws, ordinances, and regulations prior to the enactment of the present bylaws, including structures improperly authorized as a result of error by the administrative officer.
302.01 A nonconforming structure may be:
A. Continued indefinitely or
B. Enlarged, altered, or extended provided any enlargement, alteration, or extension is in conformance will all applicable sections of the current bylaw or
C. Reestablished within the same footprint if damaged or destroyed by fire, explosion, accident, natural disaster, public enemy, or other accidental means outside the control of the owner, provided a permit application for the restoration or reconstruction is submitted to the administrative officer within six (6) months of the date the nonconforming structure was damaged or destroyed or
D. Increased in height, provided any increase is in compliance with the maximum building height for the district in which it is located or
E. With the approval of the Zoning Board of Adjustment, enlarged, altered, or extended provided any enlargement, alteration, or extension does not bring the building any closer to the property line causing the nonconformity. The Zoning Board of Adjustment shall use the Conditional Use criteria in making their decision.
302.02 A nonconforming structure shall not be:
A. Enlarged, altered, or extended if the enlargement, alteration, or extension is any closer to the property line causing the nonconformity or
B. Reestablished if, in the opinion of the administrative officer, it has been damaged, destroyed or deteriorated into an unusable condition for a period of six (6) months or more for any reason or
C. Reestablished if, in the opinion of the administrative officer, its existence has been discontinued for a period of six (6) months or more for any reason or
D. Reestablished if, in the opinion of the administrative officer, it has been replaced by a conforming structure.
302.03 Nonconforming structures may be maintained. Nothing in this section shall be deemed to prevent normal maintenance and repair of a nonconforming structure provided that such action does not increase the degree of nonconformity.
The motion was seconded by Brian Fisher. Approved by a unanimous decision.
Chair Joe Profera read the warning for application 11-107 by NCUHS, PIN #TRD56001E4T, for site plan approval for a 24 ft by 72 ft heavy equipment storage building. This property is located at 633 Upper Quarry Road. This application was tabled from their Dec 19th meeting. Mr. Hoffman was present to explain the request. There was a site visit on December 20, 2011 at 11:00 am with the following present: Joe Profera, Dave LaBelle, Brent Hilliard, Richard Hoffman, and ZA Bob Kelley. As a result of the site visit there were no further questions from the Commission. There was no testimony from interested parties. Dave LaBelle made a motion to close the hearing on application 11-107 by NCUHS. Seconded by Brian Fisher. Approved by a unanimous decision.
Clark Curtis was present to discuss a proposed bylaw amendment to change the zoning district of his property on Main Street in Derby Line from VR1-DL to VR2-DL. The Derby Line Village Trustees support this change. The Curtis property and the one next door are in the VR!-DL district while properties on either side of them are in the VR2-DL district. The Commission agrees with the proposal but would like to change the Curtis property and his neighbor’s property to VR2-DL. The Commission approved a report required for the amendment and set a tentative public hearing date for Feb 13th.
Adding Petroleum/Propane Bulk Storage as a permitted or conditional use in the COM/IND was very briefly discussed and it was decided it would be best to have this as an agenda item on their Feb 13th meeting.
The Commission went into deliberations on the NCUHS application. After deliberations Jim Bumps made a motion to grant site plan approval for application 11-107 by NCUHS as submitted (see attached written decision). Seconded by Dave LaBelle. Approved by a unanimous decision.
The Commission reviewed their mail.
8:25 p.m.: Upon a motion by Jim Bumps and seconded by Brian Fisher, the meeting was adjourned.
The minutes were taken by Bob Kelley
TOWN OF DERBY PLANNING COMMISSION Site Plan Review Findings of Fact, Conclusion of Law & Decision January 16, 2012 OWNER: North Country Union School District MEETING DATE: December 19, 2011 APPLICATION #: 11-107 This decision pertains to site plan approval for application 11-107 by North Country Union School District, PIN #TRD56001E4T, for a 24 ft by 72 ft heavy equipment storage building. FINDINGS OF FACT Based upon the information contained in the exhibits for this application (see attached list) and the evidence presented at the Planning Commission hearings on December 19, 2011 and January 12, 2012 the Town of Derby Planning Commission makes the following Findings of Fact: General Information This Application CONCLUSION OF LAW Based on the foregoing Finding of Fact, the Town of Derby Planning Commission concludes that the proposed site plan provides: 1.) Adequacy of traffic access; Adequate as submitted. 2.) Circulation and parking; Adequate as submitted. 3.) Landscaping, screening and any adopted greenspace plan; Adequate as submitted. 4.) The utilization of renewable energy resources; Adequate as submitted. 5.) The character of the neighborhood including historic architectural context and the intensity of the proposed use; Adequate as submitted. 6.) The implementation and furtherance of the Town Plan; Adequate as submitted. 7.) The capacity of existing or planned community facilities and possible impact on the implementation of any adopted capital budget program; Adequate as submitted. 8.) Possible impacts on watersheds, drainage, potable water supplies and environmentally sensitive areas within and adjacent to the proposed development; Adequate as submitted. 9.) Any other factor relating directly to the development proposal; Adequate as submitted. DECISION The Town of Derby Planning Commission, based upon the foregoing Findings of Fact and Conclusion of Law, hereby GRANTS site plan approval for application 11-107 by the North Country School District for a 24 ft by 72 ft heavy equipment storage building as submitted. Those in favor: Joe Profera, Richard Del Favero, Dave LaBelle, Jim Bumps, Brian Fisher. Those in opposition: None. Dated in Derby, Vermont this 16th day of January 2012. Town of Derby Planning Commission Joe Profera, Chair An interested person who has participated in the municipal regulatory proceeding may appeal the decision rendered in that proceeding by the Appropriate Municipal Panel to Environmental Court in Accordance with 24 VSA, Chapter 117, §4471, in writing, within 30 days of the date of such decision. The fee is $250. If you fail to appeal a decision, your right to challenge the decision at some future time may be lost because you waited to long. You will be bound by the decision, pursuant to 24 V.S.A. §4472(d). This is a local permit application only. Other permits may be NECESSARY. The applicant is responsible for insuring compliance with all applicable State and Federal regulations pertaining to this application. To determine if other permits are required you should contact the State Regional Permit Specialist at (802) 476-0195 and the State Dept. of Labor and Industry at (802) 828-5098. EXHIBIT LIST
Applicant Date Description A-1 11/15/2011 Application A-2 11/18/2011 Abutters list A-3 11/15/2011 Site plan Town Date Description T-1 11/30/2011 Certificate of mailing T-2 12/5/2011 Site plan checklist T-3 12/19/2011 ZA's comments