Town of Wallingford
Planning Commission Minutes

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August 13, 2007

Present:  William Brooks; William Scranton; Robert Soule; John West; Melissa Whitmore  

Guests:  Linda & Dean Mooney, Anne Miller, Herbert Yengel, Barbara Taraska, Betty Ann & Don Lockhart, Gregory MacLeod, Ann Tiplady, Dennis Smith, Sandi Switzer, Karen Lamay, Jill & George Burkett, Robin Best, Tom Phillips, Charlotte Johnstone, David Whitmore  

Acting Chair Bob Soule opened the meeting at 7 P.M.  

1.         Elect Chairperson  

Missy Whitmore nominated Bill Scranton to be the Chair of the Planning Commission. John West seconded the nomination. Motion carried 5-0.  

2.         Review and approval of meeting minutes of July 30, 2007  

Bob Soule moved and Missy Whitmore seconded approval of the minutes for July 30, 2007 – both the site visit and meeting minutes. Motion carried 5-0.  

3.         SITE PLAN REVIEW: Maple Leaf Center , Linda & Dean Mooney, Permit #07-32, 167 North Main Street

Linda Mooney explained that they would like to erect a fence out of boards at the western edge of their lot behind the parking area. This would ensure privacy for their patients and also the abutting property owner, Charlie Woods. When fill was brought in to create the parking area, it left a drop of about three feet to ground level where the fence will be raised. The fence will have to be seven or eight feet in height from ground level in order to provide about five feet of coverage at the parking lot level. The applicants have worked with Mr. Woods and he is in agreement with this application.

Missy Whitmore moved and Bob Soule seconded approving the site plan. Motion carried 5-0.  

4.         RECONVENE - SITE PLAN REVIEW:  Dennis Smith – Permit #07-23 – 2251 Route 7 South – use front of north building (Route 7 South property) for office  

Missy Whitmore moved and Bob Soule seconded denial of the application because the use Mr. Smith is proposing is not a permitted use in the ARR zoning district according to Article 4 Section 2 of the current Zoning regulation. Kevin Brown had to get a conditional use ruling from the Board of Zoning Adjustment to have his business there but it has not been used as such for over two years. According to Article 3 of the Zoning Regulation, a non-conforming use has to go back to the BZA if there is a change in that use or if it is abandoned for one year or more.  

Mr. Smith spoke about Jill Burkett’s snack bar business that operated for a time on the Kevin Brown property and also on the Burkett property. He feels like he is not being treated the same as other applicants. Ms. Burkett stated her views. After some discussion the motion was voted on and carried 3-2 with Bill Brooks and John West voting no and Bob Soule, Bill Scranton and Missy Whitmore voting yes.  

5.         Tom Phillips – talk about the gravel pit / reclamation project on Waldo Lane  

Tom Phillips made a presentation to explain what he sees as the options for the property if the Act 250 permit is denied. He said that there has been a gravel pit at the site for 50+ years and there have been plans for a walking bridge for about 30 years. An engineer has estimated that to reclaim the current pit, about 100,000 cubic yards of fill would have to be drawn in at a cost of about $500,000. A second option would be to push the hill down into the pit to perform the reclamation at a cost of about $200,000. These costs would be borne by the Town. The third option would be to build three homes on his property and the pit would remain mostly unchanged.  

Mr. Phillips said that the engineers have looked at the bridge and concluded that it could handle the proposed truck traffic even though it does need some repairs. About 350,000 cubic yards are proposed to be extracted to create the two over one slope from the base level of the current pit floor up toward Route 140. There would remain about 50 feet of hillside and trees between the top of the new slope and Route 140. There could then be ballfields put in and an ampitheater with seating carved out of the hillside. He is asking for Planning Commission support of the project.  

Bill Scranton said that the Planning Commission is taking a neutral stance on the project. The project has BZA approval for extraction and Interim Zoning in place to allow for the crushing and screening. Many of the guests at the meeting spoke about various concerns including: noise associated with crushing and the trucks; some sort of written guarantee be provided so that the ballfields and ampitheater would be constructed at the end of the project; the 1999 airport extraction that was done and the reclamation required afterwards that was not done; concerns about the bridge.

Mr. Phillips stated he really doesn’t want to spend any more money fighting for this. He will go through with the appeal process of the Act 250 ruling and then decide what to do after that. His goal was to provide some good recreational space for the Town and just break even on the project.  

Barbara Taraska advocated pushing the hill into the pit and developing his three acres for housing. Greg MacLeod stated that sometimes business deals do not go as well as hoped for and that he would feel better about it if there were a contract to ensure that the reclamation would take place even if Mr. Phillips passed away unexpectedly. Dennis Smith said that he remembered back in 1984 when was working for John MacLeod that Mr. MacLeod told him that any amount of gravel could be removed as long as it was considered fill. Mr. Phillips agreed that if not for the Town’s involvement in the project and the old Act 250 proceeding, he could, on his own, extract as fill.  

Anne Miller said that she thought things had been handled poorly from the start by the Selectboard and the applicant. The process should have been more open to the public from the start. Ann Tiplady asked if there were any conceptual drawings of how things would look at the end of the project. Bill Scranton showed an engineering map that seemed to show contour lines but was rather incomprehensible to a layman’s eye. Charlotte Johnstone advocated taking down the hill without doing extraction. Dennis Smith asked if the steep bank is on Tom’s property and Mr. Phillips said that it is. Mr. Smith said that Tom should get a return on his investment. Missy Whitmore recused herself from the PC to say that there are ways to stabilize the steep bank that are not as expensive as some of the other proposals being entertained and that there are grants available for reclamation. Bill Scranton said that he remembered a couple of years ago that Dr. Upton, who was on the Conservation Commission at the time, stood up at town meeting and asked the Selectboard to budget $5000 to do something about the reclamation. Bill said he thought only $500 has been spent over each of the last two years.  

6.         Recommendations for new Planning Commission members  

Missy Whitmore suggested that we ask the Selectboard to consider re-appointing Rick Smith and Jay Kenlan to the terms they held expiring in 2008 and Rob Barker to the term expiring in 2009. She said that the level of experience they have in matters of Planning and Zoning really makes them the best candidates for the openings and she hopes that the Selectboard might reconsider them.  

Larry Miller has said that he would like to serve and we all feel that it would be very good to have him on the board. Bob Soule said that Jay White is interested and we agree that he would also be a good addition. Ann Tiplady, who was a guest at the meeting, said that she is very interested as well. She has a background in animal science and environmental studies and she and her husband live on Hartsboro Road at the old Baker farm. We welcomed her and said we would happily recommend her to the Selectboard.  

There were other people that members of the PC spoke with individually and who expressed interest in serving on the board, just not at this time. We felt that any of these people would be a good addition to the Planning Commission. They are: Kate Fredette; Jill Burkett; Hans Huessy; Charlie McLafferty; John McTaggart; Tom Phillips.  

7.         Old Business  

We discussed some of the items that need to be added into the new Zoning regs like the survey definition and mention of the Otter Creek Multiple Resource Area. Missy said she has all the information that we had agreed on at previous meetings and would incorporate it into the document.  

8.         Adjourn:

Bob Soule moved and John West seconded to adjourn at 9:15 p.m. Motion carried 5-0.  

Next Meeting:  September 10th at 7:00 PM  

Respectfully submitted,

 

By: _________________________
            William H. Brooks, III
            Secretary and Zoning Administrator

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