Public Hearing
October 22, 2012 @ 7:00 PM
Selectmen’s Town Hall – 96 Main Street – Third Floor
Zoning Bylaws
* * * Minutes * * *
Present: Chairman, Kristi Morris, Vice Chairman, Michael Knoras, Stephanie Gibson, and David Yesman. Peter MacGillivray Absent.
Also Present: Town Manager, Robert Forguites, Comptroller, Jeffrey Mobus, Police Chief, Douglas Johnston, Administrative Officer, William, (Bill), Kearns and Town Attorney, Stephen Ankuda. Planning Commission Members, Chairman, Donald Barrett, Wilbur Horton, Jr., Joseph Wilson and Karl Riotte. In addition, Tom Kennedy of Southern Windsor County Regional Planning Commission, (SWCRPC).
Chairman, Kristi Morris, opened the Public Hearing at 7:00 PM. Chairman Morris immediately turned the meeting over to Bill Kearns. Bill explained the Board of Selectmen asked the Planning Commission to look into Zoning Bylaws for Medical Marijuana Dispensary or Dispensaries. It is the intent of the Board of Selectmen not to allow in Springfield Medical Marijuana Dispensaries. The Planning Commission looked at the Zoning Bylaws in place in the Town of Stowe for guidance and proceeded to write their own Zoning Bylaws for Springfield.
Chairman Morris read the first proposed added zoning bylaw.
1. Add a new Section 2.6 “Prohibited Uses”. The following are prohibited uses in all
Zoning Districts:
Medical Marijuana Dispensary or Dispensaries as permitted and defined
By 18 VSA Chapter 86 and regulated by the Vermont Department of
Public Safety.
Chairman Morris, asked the Board and Citizens for questions and/or comments.
Vice Chairman, Michael Knoras, asked Bill Kearns and the Planning Commission Members present if there were any unzoned districts. Bill Kearns replied No.
Jean Willard asked if these proposed zoning bylaws included North Springfield too. Town Manager, Robert Forguites, replied that North Springfield is included too.
Chairman Morris read the second proposed amended zoning bylaw.
2. Amended Section 5.3 by removing the struck out word and adding the
underlined words: “Section 5.3 (D) 2. (last sentence) “Proposed activities
that would have an undue adverse adversely affect impact on the character
of the neighborhood, area or district shall not be approved unless the undue
adverse impacts can be avoided or mitigated through change(s) to the
location, design, scale, operation, composition and/or intensity of the
proposed development or use.”
Bill Kearns indicated Section 5.3 was amended because the Town had run into a few problems without the word “undue”.
Chairman Morris asked if there were any more questions and/or comments. Chairman Morris also asked if the Town Attorney had reviewed the proposed added and amended Zoning Bylaws. Town Attorney, Stephen Ankuda, said he had reviewed the addition and amended proposed changes and had no problem with them. He also pointed out the State Legislature and Vermont Courts already acknowledge the change to “undue” and would not even recognize the current Zoning Bylaws.
Robert Forguites explained the Board could vote to adopt the change if they are in agreement with them. There is an item on the Board of Selectmen Regular Meeting of 10-22-12 for possible adoption. If the changes are adopted, they would be effective 21 days after date of adoption.
With no further discussion, Chairman, Kristi Morris, closed the Public Meeting at 7:15 PM.
Respectfully submitted,
Donna M. Hall,
Recording Secretary
Public Hearing
October 22, 2012 @ 7:15 PM
Selectmen’s Town Hall – 96 Main Street – Third Floor
“DRAFT” Town Plan
* * * Minutes * * *
Present: Chairman, Kristi Morris, Vice Chairman, Michael Knoras, Stephanie Gibson, and David Yesman. Peter MacGillivray Absent
Also Present: Town Manager, Robert Forguites, Comptroller, Jeffrey Mobus, Police Chief, Douglas Johnston, Administrative Officer, William (Bill) Kearns and Town Attorney, Stephen Ankuda. Planning Commission Members, Chairman, Donald Barrett, Wilbur Horton, Jr., Joseph Wilson and Karl Riotte. In addition, Tom Kennedy of Southern Windsor County Regional Planning Commission, (SWCRPC).
Chairman Morris opened the Public Meeting at 7:15 PM. Chairman Morris also asked Administrative Officer, William, (Bill), Kearns, to proceed with the explanation of the proposed “DRAFT” of the Town Plan. Chairman Morris read the following memo submitted to Town Manager, Robert Forguites and Board of Selectmen from Bill Kearns.
Pursuant to 24 VSA §4384f), Springfield Planning Commission submits the proposed amended Town Plan and its written report on the proposal to the Board of Selectmen.
A copy of the proposed plan and the report has been provided to the Clerk as required by 24 VSA §4384.
24 VSA §4385 provides for “Adoption and Amendment of Plans; hearing by the legislative body.” A summary of the requirement of §4385:
a. The Board of Selectmen shall, not less than 30 nor more than 120 days
after the submittal of the proposed plans, hold its first Public Hearing,
after public notice, on the proposal. In Towns with a population of more
than 2500 persons, the Board shall hold two Public Hearings on the
proposal.
b. The Board of Selectmen may amend the proposal, but shall not do so
less than 15 days before the final meeting on the plan. If the amendment
made by the Board is substantial *, the Board shall 1.) warn a new public
hearing on the proposal and 2.) send it back to the Planning Commission
for a report on the amended portion.
c. Any amendment to the Town Plan at any hearing shall be filed with the
Clerk at least 15 days prior to the next hearing on the plan.
d. A majority of the Board is required to adopt the plan.
* “Substantial” is generally determined to mean any amendment other than spelling or grammar or rephrasing a cumbersome sentence.
Upon adoption of the Town Plan, the Board of Selectmen should “request approval of the Town Plan by the Southern Windsor County Regional Planning Commission pursuant to 24 VSA §4350.” The Board should direct that this request be forwarded to the SWCRPC.
Chair Morris thanked Bill Kearns, Planning Commission Members and Tom Kennedy of SWCRPC for all the time and effort spent on the “DRAFT” of the Town Plan. Bill Kearns also commented due to limited resources the Planning Commission did not print copies of the proposed Town Plan. Bill shared the website information where the public could find the information to be printed. ( HYPERLINK "http://www.springfieldvt.govoffice2.com" www.springfieldvt.govoffice2.com, on the left hand side select “Town Documents”)
Bill Kearns highlighted on each chapter the differences between the Town Plan of 2009 and the proposed “DRAFT” Town Plan of 2012.
Chapter 1: Introduction. The information is virtually the same.
Chapter 2: Cultural and Historic Resources. The Planning Commission added a bit to Stellafane and updated some information.
Chapter 3: Natural and Scenic Resources. Page 16 Air Quality, Paragraph 1, added the discussion concerning outdoor wood boilers.
Chapter 4: Recreation. Andy Bladyka rewrote and updated much of this chapter. The Edgar May Recreation Center now exists. In the Objectives, the Planning Commission took out the development of the area around the Weathersfield Reservoir for development of recreation.
Chapter 5: Housing. At the time the Planning Commission wrote this chapter (Fall 2009), only the 2000 census was available. The Planning Commission changed objectives. Objective 7 was rewritten to comply with fair housing and Objectives 9 and 10 were removed from this chapter.
Chapter 6: Education. School rewrote and updated the Springfield Unified School District parts, the Tech Center advised Bill Kearns on its part and the Planning Commission put it all together.
Chapter 7: Transportation. With the assistance of Public Works Director, Harry Henderson, the information on the roads was checked and updated as necessary. Top of Page 50 E911 – need to get everyone to post addresses. Page 50 Air Service was redone to show economic impacts from the Economic Study done by the state on its airports and their impact on the economy.
Chapter 8: Utilities and Facilities. Department Heads and Supervisors looked at their areas and updated work completed and to still be done.
Chapter 9: Energy. This section was rewritten in November and December 2010. Page 65 & 66 Hydro and Biomass, Wind and Solar sections were separated. The Energy Committee helped with this chapter and their work led to the efficient use of energy and audit portions. On Page 68 the Planning Commission added Energy Use and Transportation Efficiencies.
Chapter 10: Economic Development. Robert Flint assisted with updating this chapter.
Chapter 11: Land Use. The chapter was updated and amended. The biggest issue dealt with was future land use map, from which zoning will follow. In addition, the reduction of sprawl along the highway corridors was dealt with by limiting commercial use. From Springfield East, Page 89 to Missing Link, Route 11. The Paddock area changed without allowing uses that would compete with the downtown. The biggest change was the definitions of the categories (colored areas on the map). See Page 92 et seq.
Chapter 12: Implementation. This chapter remained virtually the same.
As Bill Kearns read through each chapter questions were asked, changes to business names were requested to be changed or corrections in spelling changes were requested.
After discussing all the changes made to the chapters, Tom Kennedy of SWCRPC, the Springfield Planning Commission, Board of Selectmen and Citizens present were in agreement paragraph one of Chapter 9 should be rewritten very carefully as to what the current Biomass Project may burn.
Citizen, Walter Dodd, also suggested the new proposed Town Plan include Wind Power.
Laura Cody MacNaughten also suggested considering adding a whole chapter entitled “Health”. Ms MacNaughten stated Health was included in Town Plans throughout Vermont. There was no further discussion on this topic.
However, Robert Forguites wanted to remind everyone at the August 13, 2012 Board of Selectmen Meeting a motion was made to submit a grant application to conduct a Scoping Study to determine the feasibility of constructing a bicycle and walking path from Downtown Springfield to North Springfield. Mr. Forguites received notice the Grant Application was approved. The Town of Springfield will be receiving $30,000.00 for the Scoping Study.
Chairman Morris asked Tom Kennedy of SWCRPC and the Springfield Planning Commission Members what the next step would be with the “DRAFT” of the Town Plan. Tom Kennedy and the Springfield Planning Commission Members felt this meeting should not count as the first Public Hearing Meeting due to the fact there will be “substantial” changes made to the “DRAFT” of the Town Plan. All parties agreed the second scheduled Public Hearing of November 26, 2012 should be canceled. The Board of Selectmen will return the “DRAFT” of the Town Plan to the Springfield Planning Commission.
Once again, Chairman Morris with other members of the Board thanked Tom Kennedy, Bill Kearns and the Springfield Planning Commission for the time and effort spent preparing the “DRAFT” of the Town Plan. Chairman Morris also thanked the Citizens for attending the Public Hearing.
Robert Forguites also wanted to let everyone know there is a Public Hearing scheduled for November 7, 2012. This meeting will cover changes to the current zoning map parcels on or just off Main Street and Precision Drive in N. Springfield. Specifically to change the Zoning District designation from Industrial to Residential Commercial for eight parcels.
With no further discussion, Chairman, Kristi Morris, closed the Public Meeting at 9:00 PM.
Respectfully submitted,
Donna M. Hall,
Recording Secretary
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