City of Newport
Development Review Board
Minutes
NEWPORT CITY DEVELOPMENT REVIEW BOARD
***MINUTES***
May 5, 2010
MEMBERS PRESENT: Vice Chair, Agathe Coburn, Members John Harlamert, Denise Bowen and Dan Ross
MEMBERS ABSENT: Harriet Hall
OTHERS PRESENT: None
Motion to accept previous minutes – D. Ross
Seconded – John H.
Unanimous
John has interest in being Chair.
Motion to appoint John Harlamert, Chair, Agathe Coburn, Co-Chair, Dan Ross, Clerk by Dan Ross and seconded by Denise Bowen. APPROVED BY A UNANIMOUS DECISION.
Other business: Discussion of applications, consistency.
Motion to adjourn – Denise – 2nd Agathe
APPROVED BY A UNANIMOUS DECISION
NEWPORT CITY DEVELOPMENT REVIEW BOARD
***MINUTES***
April 14, 2010
MEMBERS PRESENT: Vice Chair, Agathe Coburn, Members John Harlamert, Denise Bowen, Harriet Hall and Dan Ross
OTHERS PRESENT: John Stevens, Applicant
7:00 P.M.: On a motion by John Harlamert and seconded by Harriet Hall, the minutes of the previous hearing were APPROVED BY A UNANIMOUS DECISION.
Agenda item # 2 -- Annual review of permit #07-060 for Kingdom Go—Gravel Extraction
John Harlamert recuses himself due to potential conflict of interest.
John Stevens states that he is before the board to fulfill request Section 6 come before Board to present information and project status
The gravel operation didn’t sell much gravel. The new operator is Desmond Willis from Windsor, VT. His son, Luke, has moved here and will operate the pit as professionally as possible. $1million liability. He has obtained bond.
Stevens asked to change start or stop time dates.
Amendment to permit #07-060 will be required to change start/stop dates.
The potential revised dates will be December 15th end time – March 15th start.
Review concludes.
John Harlamert returns.
Other business discussed includes the need to have an annual organization meeting. By rules of procedure the organizational meeting to elect officers must be warned for minimum of 15 days. Organizational meeting set for May 5th.
2/3 projects coming in. Nothing requiring a C.U.P.
A motion to adjourn made by Denise Bowen and seconded by Harriet Hall was made and PASSED BY A UNANIMOUS DECISION.
Hearing adjourned.
NEWPORT CITY DEVELOPMENT REVIEW BOARD
***MINUTES***
February 24, 2010
MEMBERS PRESENT: Chair, Clark Curtis, Vice Chair, Agathe Coburn, Clerk, Paul Curtis, Harriet Hall and Alternate Member Gerry Coulombe
MEMBERS ABSENT: John Harlamert
OTHERS PRESENT: Kory Scott, Dan Scott, Pam Farrow, Steve Farrow, Amy Curtis, Richard Nelson, Dan Dagesse, Zoning Administrator Paul Dreher and Alternate Denise Bowen
7:04 P.M.: Chairman Clark Curtis called the hearing to order. The DRB members and the Zoning Administrator were introduced to the audience. The sign-up sheet was circulated and all present signed it.
A motion was made and seconded to approve the minutes of February 10, 2010. APPROVED BY A UNANIMOUS DECISION.
A motion was made and seconded to approve the minutes of October 28, 2009. This was the eighth time for these minutes to be corrected. PASSED BY A UNANIMOUS DECISION.
The Chair read 24VSA 4465 regarding interested persons status and rights.
Application #10-003 by Dan and Kory Scott for a new parking lot for approximately eight parking spaces. This property is located on the Bluff Road and is in a general residential zoning district. Due to a conflict of interest, Paul Curtis recused himself from this application. Alternate Denise Bowen replaced him.
The application was read into the minutes. Dan and Kory Scott explained their request. Kory Scott made a correction to the application. The word general was left off the residential zoning part of the application. This application was for site plan review 608.01 which was read into the minutes. A long discussion ensued with concerns from runoff to safety of people walking on this short section of the Bluff Road. Suggestions were made for perhaps a time limit to park there for 6:00 a.m. to a half hour after sunset if necessary.
Clark Curtis stated that when the Scott campground was built that there would be a sidewalk on the Bluff Road.
A letter from Tom Bernier was read into the minutes. The Zoning Administrator’s commentary was read into the minutes.
7:47 P.M.: A motion was made and seconded to go into a private deliberative session.
8:08 P.M.: The hearing was called back to order. A motion was made and seconded to grant site plan review with no votes to approve. The application #10-003 was denied by a unanimous decision. The Newport City By-law does not allow parking lots in the G.R. zoning district.
Paul Curtis sat back on the board and Denise Bowen was excused.
Application #10-005 was read into the minutes. Application #10-005 was for site plan review by David Walker to change the use from a single family dwelling to a bed and breakfast use. This property is located at 115 Prospect Street and is in the urban residential zoning district. Dan Dagesse explained the application. A letter from Tom Bernier was read into the minutes. The Zoning Administrator’s commentary was read into the minutes.
A motion was made and seconded to grant site plan review with conditions:
A. water and sewer allocations are requested
B. widen the driveway to 15’
C. use necessary landscaping to minimize soil erosion
D. start the 5-car parking lot a minimum of 20’ from the edge of Prospect Street
E. this will remain as a owner-occupied, three bed, bed and breakfast
A motion was made and seconded to table the rules of procedure.
Some violations still exist:
A. Hot Rod Pizza
B. storage container on Jackson Street
C. Sunshine Boutique under Mark Giroux
9:06 P.M.: A motion was made and seconded to go into Executive for personnel matters.
9:16 P.M.: The hearing was called back to order. A motion was made and seconded to recommend that Clark Curtis, Agathe Coburn and Denise Bowen be reappointed to the Development Review Board. A motion was approved by a yes vote of Paul Curtis, Gerry Coulombe and Harriet Hall. Clark Curtis and Agathe Coburn abstained from the vote.
9:18 P.M.: A motion was made and seconded to adjourn. PASSED BY A UNANIMOUS DECISION.
The minutes were taken and submitted by DRB Clerk, Paul A. Curtis.
NEWPORT CITY DEVELOPMENT REVIEW BOARD
***MINUTES***
February 24, 2010
MEMBERS PRESENT: Chair, Clark Curtis, Vice Chair, Agathe Coburn, Clerk, Paul Curtis, Harriet Hall and Alternate Member Gerry Coulombe
MEMBERS ABSENT: John Harlamert
OTHERS PRESENT: Kory Scott, Dan Scott, Pam Farrow, Steve Farrow, Amy Curtis, Richard Nelson, Dan Dagesse, Zoning Administrator Paul Dreher and Alternate Denise Bowen
7:04 P.M.: Chairman Clark Curtis called the hearing to order. The DRB members and the Zoning Administrator were introduced to the audience. The sign-up sheet was circulated and all present signed it.
A motion was made and seconded to approve the minutes of February 10, 2010. APPROVED BY A UNANIMOUS DECISION.
A motion was made and seconded to approve the minutes of October 28, 2009. This was the eighth time for these minutes to be corrected. PASSED BY A UNANIMOUS DECISION.
The Chair read 24VSA 4465 regarding interested persons status and rights.
Application #10-003 by Dan and Kory Scott for a new parking lot for approximately eight parking spaces. This property is located on the Bluff Road and is in a general residential zoning district. Due to a conflict of interest, Paul Curtis recused himself from this application. Alternate Denise Bowen replaced him.
The application was read into the minutes. Dan and Kory Scott explained their request. Kory Scott made a correction to the application. The word general was left off the residential zoning part of the application. This application was for site plan review 608.01 which was read into the minutes. A long discussion ensued with concerns from runoff to safety of people walking on this short section of the Bluff Road. Suggestions were made for perhaps a time limit to park there for 6:00 a.m. to a half hour after sunset if necessary.
Clark Curtis stated that when the Scott campground was built that there would be a sidewalk on the Bluff Road.
A letter from Tom Bernier was read into the minutes. The Zoning Administrator’s commentary was read into the minutes.
7:47 P.M.: A motion was made and seconded to go into a private deliberative session.
8:08 P.M.: The hearing was called back to order. A motion was made and seconded to grant site plan review with no votes to approve. The application #10-003 was denied by a unanimous decision. The Newport City By-law does not allow parking lots in the G.R. zoning district.
Paul Curtis sat back on the board and Denise Bowen was excused.
Application #10-005 was read into the minutes. Application #10-005 was for site plan review by David Walker to change the use from a single family dwelling to a bed and breakfast use. This property is located at 115 Prospect Street and is in the urban residential zoning district. Dan Dagesse explained the application. A letter from Tom Bernier was read into the minutes. The Zoning Administrator’s commentary was read into the minutes.
A motion was made and seconded to grant site plan review with conditions:
A. water and sewer allocations are requested
B. widen the driveway to 15’
C. use necessary landscaping to minimize soil erosion
D. start the 5-car parking lot a minimum of 20’ from the edge of Prospect Street
E. this will remain as a owner-occupied, three bed, bed and breakfast
A motion was made and seconded to table the rules of procedure.
Some violations still exist:
A. Hot Rod Pizza
B. storage container on Jackson Street
C. Sunshine Boutique under Mark Giroux
9:06 P.M.: A motion was made and seconded to go into Executive for personnel matters.
9:16 P.M.: The hearing was called back to order. A motion was made and seconded to recommend that Clark Curtis, Agathe Coburn and Denise Bowen be reappointed to the Development Review Board. A motion was approved by a yes vote of Paul Curtis, Gerry Coulombe and Harriet Hall. Clark Curtis and Agathe Coburn abstained from the vote.
9:18 P.M.: A motion was made and seconded to adjourn. PASSED BY A UNANIMOUS DECISION.
The minutes were taken and submitted by DRB Clerk, Paul A. Curtis.
NEWPORT CITY DEVELOPMENT REVIEW BOARD
***MINUTES***
February 10, 2010
MEMBERS PRESENT: Chair, Clark Curtis, Vice Chair, Agathe Coburn, Clerk, Paul Curtis, Harriet Hall and Alternate Member Jay Gonyaw
MEMBERS ABSENT: John Harlamert
OTHERS PRESENT: Corinna Lancaster, Dan Dagesse (representing David Walker and Ruth Sprawl), Amy Curtis, Pam Farrow, Steve Farrow, Richard nelson, Carol Nicholson, Mayor Paul Monette and Zoning Administrator Paul Dreher.
7:06 P.M.: Chairman Clark Curtis called the hearing to order. The DRB members and the Zoning Administrator were introduced to the audience. The sign-up sheet was circulated and all present signed it.
A motion was made and seconded to approve the minutes of December 30, 2009, with amendments. PASSED BY A UNANIMOUS DECISION.
A motion was made and seconded to approve the minutes of October 28, 2009. This was the eighth time for these minutes to be corrected. PASSED BY A UNANIMOUS DECISION.
A motion was made and seconded to move Application 10-003 to the end of the hearing as no representative was present. APPROVED BY A UNANIMOUS DECISION.
The Chair read from V.S.A. 4465 regarding interested persons status and rights.
Application #10-004 for conditional use review by Royce Lancaster to change the use from a two-family dwelling to a multi-family dwelling was read. The property is at 52 West Main Street in UR Zoning District. This application was not completed as it should have been. Corinna Lancaster was the representative for this application. A variety of changes and needed information was added to this application. Mrs. Lancaster could not make any decisions to change or correct this application without direction from Royce Lancaster. In order to not waste more time on this application, a motion was made and seconded. Discussion included that the building setbacks, dimensions, lot size or building size were not present on the application. Currently, this building can be a 3-apartment unit because of the restricted parking. The Zoning Administrator’s comments were read into the minutes. A letter from Tom Bernier was read into the minutes. The motion was to table this application to the end of the hearing to give Mrs. Lancaster time to talk to her husband about this application. APPROVED BY A UNANIMOUS DECISION.
Application #10-005 for site plan review by David Walker to change the use from a single-family dwelling to a bed and breakfast use was read into the minutes. The property is located at 115 Prospect Street in the U.R. Zoning District. This application was not completed as it should have been. Dan Dagasse represented David Walker for this application. The DRB and the Zoning Administrator tried to help fill in the blanks on this application. After encountering too many obstacles on this application, a motion was made and seconded to table this application until February 24, 2010. This should give the applicant time to repair and fix all pertinent parts of the application. APPROVED BY A UNANIMOUS DECISION.
A motion was made and seconded to return to Application #10-004. APPROVED BY A UNANIMOUS DECISION.
Mrs. Lancaster asked for more information and how to proceed if another apartment were to be planned for this building. The Zoning Administrator and the DRB explained what the next process would be. The Zoning Administrator recommended perhaps a variance or waiver would be sufficient. She should file within three years for an amendment to Application #10-004 for the fourth unit.
The Zoning Administrator’s commentary was read into the minutes. A motion was made and seconded to approve conditional use review for Application #10-004. APPROVED BY A UNANIMOUS DECISION.
Application #10-004 for site plan review was read into the minutes. Some data needed for this application was missing. The DRB helped overcome this oversight.
This unit is a non-conforming structure. The DRB cannot make it more non-conforming.
The Zoning Administrator’s comment for site plan review was read into the minutes. Bylaw #402.01, 02, 03 was read. The building will remain non-conforming with no changes.
A letter from Tom Bernier was read into the minutes. A motion was made and seconded to approve site plan review, with conditions. The unit will be of three apartments, not four and they need to apply for water and sewer allocations prior to occupancy. APPROVED BY A UNANIMOUS DECISION.
Application #10-003 was brought up again, again with no representation. A motion to table until February 24, 2010 was made and seconded.
It was noted that five people were here for this application again. The people were concerned that they were just wasting their time. APPROVED BY A UNANIMOUS DECISION.
The Rules of Procedure will be on the next agenda. A motion was made and seconded to go to other business before Executive Session. APPROVED BY A UNANIMOUS DECISION.
The Clerk will contact Pat Vinson for the hearing of February 24, 2010. The conflict of interest will remove Paul Curtis from Application #10-003.
A requested letter from the Zoning Administrator to NEKCA was present in our packet as was a response from NEKCA.
Some violations are still present:
The storage unit on Jackson Street
The Sunflower Boutique
Hot Rod Pizza
We were assured that the violation at the water treatment plant was being worked on. A motion was made and seconded to go into Executive Session for a personal reason. APPROVED BY A UNANIMOUS DECISION.
9:25 P.M.: The hearing was called back to order. Much discussion was held as to how to help the Zoning Administrator and how be could help the DRB. The Mayor thought the DRB was chastising the Zoning Administrator. This was the farthest thing from the truth. It was noted that the Zoning Administrator still does not have enough time allotted to do this job. It is recommended he be full-time.
9:45 P.M.: A motion to adjourn was made and seconded. APPROVED BY A UNANIMOUS DECISION.
The minutes were taken and submitted by DRB Clerk, Paul A. Curtis.
NEWPORT CITY DEVELOPMENT REVIEW BOARD
***MINUTES***
January 27, 2010
MEMBERS PRESENT: Chair, Clark Curtis, Vice Chair, Agathe Coburn, Clerk, Paul Curtis, Members John Harlamert, Harriet Hall and Alternate Member Gerry Coulombe
MEMBERS ABSENT: None
OTHERS PRESENT: Douglas Leibrock, Patricia Sears, Caroline Nicholson, Douglas Spates, Pamela Farrel, Amy Curtis, John Robillard, Josh Poulin, Carl Davis, Richard Nelson, Duncan Kilmartin, Chris Roy of the Newport Daily Express and Zoning Administrator Paul Dreher.
7:08 P.M.: Chairman Clark Curtis called the hearing to order. The DRB members and the Zoning Administrator were introduced to the audience. The sign-up sheet was circulated and all who were interested signed it. On a motion by John Harlamert and seconded by Harriet Hall, the minutes of the hearing of December 30, 2009 were APPROVED BY A UNANIMOUS DECISION.
Chair Clark Curtis read the appeal of Permit #09-094 by Doug Spates for a school in Zone C-A. Also noted that this is an appeal of the Zoning Administrator’s issuing this permit administratively.
Chair Clark Curtis stated a possible conflict of interest and temporarily stepped down as Chair. Vice Chair Agathe Coburn resided over this hearing of Permit #09-094. Gerry Coulombe filled in for Clark Curtis on the Board.
Vice Chair Agathe Coburn administered the oath to all interested parties. All present raised their hands and took the oath.
Duncan Kilmartin was invited to give his testimony on this appeal and he explained why the application was invalid. Mr. Kilmartin quoted Section 204, application of by-law. Also 205.05 District “C-A” which specifically denied a school in this district. He also read the definition of a school from page 64 of the Zoning Ordinance. Mr. Kilmartin stepped down.
Zoning Administrator Paul Dreher was invited to give his testimony as to why he approved this permit. Once again, Zoning Administrator said he asked Bob Kelley for his opinion on this permit. Once again, it appears that Bob Kelley’s opinion may not be correct. The Zoning Administrator thought this permit was for Zone “C-B”, not Zone “C-A”. After realizing this error, the Zoning Administrator tried to correct it with Doug Spates therefore causing some changes and possibly inadmissible evidence on the application(s).
Vice Chair Agathe Coburn asked for comments from the audience. Doug Spates questioned the adult education on Main Street next to Iola’s as it changed to classrooms and also Community College of Vermont on Main Street. John Harlamert asked if this Application #09-094 was indeed a school. Doug Spates stated it was a classroom.
Corrections official Carl Davis gave the DRB a brochure from Community High School of Vermont. This brochure clearly stated a school. Mr. Kilmartin questioned why the Zoning Administrator issued this permit and did not file it correctly for the public to have the 15-day appeal time frame. A change in the by-law would be needed if this zone
“C-A” were to become a school district.
7:50 P.M.: On a motion by John Harlamert and seconded by Gerry Coulombe to go into a deliberative session was PASSED BY A UNANIMOUS DECISION.
8:03 P.M.: The hearing was called to order by Vice Chair Agathe Coburn. On a motion by Gerry Coulombe and seconded by John Harlamert to overturn the Zoning Administrator’s granting of Permit #09-094 was made. PASSED BY A UNANIMOUS DECISION.
Agathe Coburn relinquished the chair to Clark Curtis. Gerry Coulombe stepped down from the Board. On a motion by John Harlamert and seconded by Agathe Coburn to table Application #10-003 was made. There was no representation present for this application. APPROVED BY A UNANIMOUS DECISION. Set for a later date.
Chair Clark Curtis read Application #10-002 from Poulin Grain for a 6’ x 14’ loading dock. John Robillard and Josh Poulin explained the application. This application was for site plan review #608. All criteria was met for this application. Exhibit C2-the Zoning Administrator’s commentary was read into the minutes. Exhibit C-3-a letter from Tom Bernier was read into the minutes.
On a motion by John Harlamert and seconded by Harriet Hall to grant site plan approval was made. Application #10-002 site plan approval received a unanimous approval for the DRB.
Under other business, the same infractions were once again brought to the forefront. A letter was sent to the former Hot Road Pizza and as yet, they have not responded.
The Zoning Administrator said he received a letter from NEKCA explaining why Denton stays at 363 Bluff Road. It seems that food storage is at this location. The Zoning Administrator told NEKCA that they were not permitted for food storage and that they needed a permit for this activity. The DRB does not know what has happened since that time. Also, the DRB did not receive a copy of this letter from NEKCA. We should have a copy for our files.
The violation at the arsenic treatment plant is being addressed by Tom Bernier and John Ward. Other violations not being acted on are the Sunshine Boutique and the infamous storage container on Jackson Street.
On a motion by John Harlamert and seconded by Agathe Coburn, the minutes of October 28, 2009 were approved with corrections. PASSED BY A UNANIMOUS DECISION.
8:43 P.M.: A motion to adjourn made by John Harlamert and seconded by Agathe Coburn was made and PASSED BY A UNANIMOUS DECISION.
The minutes were
taken and submitted by DRB Clerk, Paul A. Curtis.