Town of Bolton

3045 Theodore Roosevelt Highway

Bolton VT 05676

802-434-5075

 

Planning Commission Minutes

 

December 13, 2004

 

Meeting called to order at 6:10 p.m.

 

Planning Commission members present:  Linda Baker, Jim Bralich (6:40 p.m.), Steve Barner, Rodney Pingree

 

Planning Commission members absent: None

 

Also present: Sharon Murray, Burnt Rock, Inc., John Devine, Jerry Mullen, Margot Pender

 

Clerk: Amy Grover

 

 

Agenda

1.       Approve revisions to the proposed bylaw.

2.       Approve submission of the proposed bylaw to the Bolton Select Board.

3.       Approve written report to the Select Board

4.       Minutes November 1, 2004, and December 6, 2004

5.       Other communications/mail

6.       Any other business

7.       Adjournment

 

 

Agenda Item #1 - Approve revisions to the proposed bylaw.

The group reviewed the email from Larry Williams/Redstone addressing issues that he still saw as a concern in the proposed document.  After a lengthy discussion the group made several revisions to the November 2004 Hearing Draft, and will forward those revisions as recommended changes to the Bolton Select Board.  Recommended changes are as follows:

 

** NOTE:  Strikeouts indicate language to be deleted.  Underlined language is to be added.

 

 

Article II.  Zoning Districts

 

Table 2.1 Village District (p.7)

 

Change “Day Care Facility” from a conditional to a permitted use requiring site plan review.

 

Table 2.2 Resort Village District (p.9)

 

Change “Day Care Facility” from a conditional to a permitted use requiring site plan review.

 

Delete “(only in a PUD or Mixed Use)” following “Restaurant” to allow for restaurants as a conditional use separate from a planned development or mixed use.

 

Table 2.3 Resort Residential District (p.11)

 

Change “Day Care Facility” from a conditional to a permitted use requiring site plan review.

 

Table 2.5 Rural II District (p.15)

 

Change “Bed & Breakfast” from a conditional use to a permitted use requiring site plan approval.

 

Change “Campground [primitive only]” from a conditional use to a permitted use requiring site plan approval.

 

Table 2.5 Forest District (p.17)

 

Change “Campground [primitive only]” from a conditional use to a permitted use requiring site plan approval.

 

 

Article III.  General Regulations

 

Section 3.2(E) Driveways (p.24, Line 13) – consistent with B-71 standards:

 

(2)   No driveway shall exceed an average grade of 10% 15% within any 50-foot section.  The approach area within 20 feet of the road right-of-way shall not exceed a 3% grade.

Section 3.9 Outdoor Lighting (p.29, Lines 4-7) – amend as follows, to address concerns expressed by Redstone and Bolton Valley:

 

(A)  Purpose.  … While limited outdoor lighting may be necessary for safety and security, or desirable to promote nighttime recreational activities such as downhill skiing; inappropriate, poorly designed or improperly installed outdoor lighting can result in unsafe conditions and nuisances for adjoining property owners and motorists, sky glow which obstructs views of the night sky, and unnecessary power consumption.

 

Section 3.13 Ponds [Constructed], Subsection (C) Excavated Ponds (p.34, Line 12) – to extend the allowed construction period by one month:

 

(1)  All earth work shall be conducted between June 15th 1st and September 15th October 1st.

 

Section 3.13 Ponds [Constructed], Subsection (D) Embankment Ponds (p.34, Line 45) – to extend the allowed construction period by one month:

 

(5)  All earth work shall be conducted between June 15th 1st and September 15th October 1st.

 

Section 3.16 Steep Slopes (p. 39, Lines 42-43) – amend as follows for clarification and to allow for the reasonable development of pre-existing nonconforming lots:

 

(B)  All development, except for ski lifts and ski trails associated with an approved alpine or Nordic ski facility, hiking and rock climbing trails, is specifically prohibited on very steep slopes in excess of 25% except for the following which may be allowed by the Development Review Board subject to conditional use review and the requirements of Subsection (A):

 

(1)     ski lifts and ski trails associated with an approved alpine or Nordic ski facility,

(2)     hiking and rock climbing trails, and

(3)     development on pre-existing lots legally in existence as of the effective date of these regulations, for which the Board determines that there is no portion of the lot on which the slope does not exceed 25% and, as such, that the total prohibition of development on slopes in excess of 25% would unduly preclude reasonable use of the lot.

 

Section 3.17 Surface Waters & Wetlands (Page 40, Lines 24-26) – amend as follows to avoid any consistencies with applicable state standards:

 

(D)  New on-site systems shall be set back a minimum distance of 150 feet from surfaces waters specified under Subsection (B), and at least 100 feet from all other surface waters and wetlands identified under Subsection (C) sited to meet applicable Vermont state standards for such systems, including required isolation distances from all surface waters and wetlands specified under Subsections (B) and (C).

 

 

Article IV.  Specific Use Standards

 

Section 4.8 Day Care Facility (Page 47, Lines 28, 29) – for consistency with the above recommended changes:

 

(B)  A nonresidential child or adult day care facility may be allowed in designated zoning districts as a conditional use subject to site plan or conditional use review under Section 5.3 or 5.4, depending upon which district the facility is located.

 

 

Article VII.  Subdivision Review Standards

 

Section 7.6 Transportation Facilities & Infrastructure (Page 91, Line 13) – amend as follows for clarification (not all zoning districts have frontage requirements):

 

(B) Nonfrontage Lots.  … All other lots created after the effective date of these regulations shall meet applicable minimum frontage requirements for the districts in which they are located, unless otherwise approved by the Board as part of a planned residential or planned unit development.

 

Section 7.6 Transportation Facilities & Infrastructure (Page 92, Line 8) – amend as follows:

 

(D)(3)(b) [Road Design & Construction]Dead-end roads in excess of 1,800 2,500 feet in length are prohibited.

 

Article VIII.  Planned Residential & Planned Unit Development

 

Section 8.5 Review Standards (Page 98, Lines 3-16) – to clarify that the clustering is of development is not necessarily required under a PRD or PUD:

 

(A) General Standards.  In addition to meeting all applicable subdivision review standards under Article VII, a proposed PRD or PUD shall:

 

(2)     present an environmentally sensitive, effective and unified treatment of the site(s), which to the extent feasible:

 

locates or clusters development on the most developable portions of the site(s), and excludes

development from environmentally sensitive areas, including:…

 

Steve Barner made the motion to approve the recommended changes to the November 2004 Hearing Draft of the proposed Land Use and Development Regulations for the Town of Bolton. Rodney Pingree seconded the motion.  All were in favor, motion carried.

 

Agenda Item #2 – Approve submission of the proposed bylaw to the Bolton Select Board.

Steve Barner made the motion to approve the submission of the November 2004 Hearing Draft, Land Use and Development Regulations for the Town of Bolton and recommended changes to the Bolton Select Board.  Rodney Pingree seconded the motion.  All were in favor, motion carried.

 

Agenda Item #3 – Approve Written Report to the Select Board

The Planning Commission drafted an update to the November 2004 report from the Planning Commission for submission to the Select Board.  Steve Barner made the motion to approve the written report to the Bolton Select Board.  Rodney Pingree seconded the motion.  All were in favor – motion carried.

 

Agenda Item #4 – Minutes November 1, 2004 and December 6, 2004

Tabled until the next meeting due to time constraints.

 

Agenda Item #5– Other communications/mail

None.

 

Agenda Item #6 – Any other business

At this time, there is no next scheduled meeting of the Planning Commission. When the date is set, the agenda will be posted per statute.

 

Agenda Item #7 – Adjournment

The meeting adjourned at 9:25 p.m.

 

Amy Grover

Clerk, Planning Commission

These minutes are unofficial until accepted.

 

These minutes were read and accepted by the Planning Commission on

 

__________________________ , 2005.           

 

 

 

_______________________________

Linda Baker, Chair