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*These
are unofficial Minutes subject to approval at the next regular meeting.
Special Meeting
Present:
Richard Smith, Chair; William Scranton; Robert Barker; A. Jay (A. Jay)
Kenlan; Jay (Jay) Johnstone; John West; William Brooks; Robert Soule
Absent:
Melissa Whitmore
Guests: Anne
Gates Miller; Joyce Barbieri; Tom & Kim Phillips; Joan
Chair Rick Smith called the
special meeting to order at
A. Jay offered to recuse
himself if the merits of the project were to be reviewed, however his intent is
to be here regarding the interim zoning by-law and how it affects the Proposed
Zoning Regulations. The members of
the Planning Commission agreed that they were here regarding the interim zoning
by-law and its affect on the Proposed Zoning Regulations.
Rick opened the discussion
stating there are serious problems with the action the Town (Selectboard) wants
to take. He cited 24 VSA Ch.
117 §4415 which limits interim zoning to a 2 year time period with a 1 year
extension and not a 5 year time period; and that only minor changes not major or
substantial changes to the Proposed Zoning Regulations may be made by the
Selectboard with its plan to insert
the interim zoning by-laws - as witnessed by the letter to William Burke,
District Coordinator, of January 29, 2007. Rick
referred to 1992 Superior Court decision Cottrell 158-500.
A. Jay added that per
statute the regulation and adoption process must come from the Planning
Commission and any proposed changes must return to the Planning Commission.
The Selectboard can adopt interim zoning but cannot put it in the Zoning
Regulations.
Selectboard Chair Bill
Lohsen noted that Act 250 asked what happens in the 3rd, 4th,
and 5th years adding that the Selectboard would adopt the interim
zoning regulation again. He was
advised that interim zoning is good for 2 years with a 1 year extension and for
1 time only.
The Planning Commission
noted that any permit granted during interim zoning stands as permitted in
perpetuity unless a sunset clause is added, similar to the permitted
telecommunications tower.
Upon hearing this, it was
decided that the Selectboard – not the Planning Commission - needs to respond
to Question 6 outlining the next course of action; i.e.; a zoning application
for the screening and crushing must be submitted and, because this is due to
interim zoning, the application requires conditional use review by the
Selectboard. The permit will
undoubtedly be granted and will continue in perpetuity unless appealed and
overturned.
The motion was made and seconded to
adjourn at
Respectfully submitted,
Recording Secretary