MINUTES FROM THE SELECT BOARD’S PUBLIC HEARING

JULY 22, 2002 INTERIM ZONING

Board members present were Dave Johnson, Pete Siegel and Jerry Mullen. Also present was Town Clerk Deborah LaRiviére, Planning Commission Clerk Amy Grover, Zoning Administrator Dick Ward and approximately ten residents. The hearing was called to order at 7pm.

The complete warning and proposed changes were read by Pete Siegel and the floor was opened to questions and comments.

Jim Bralisch:            What effect will this by-law would have on the existing Bolton Valley covenants?

Pete Siegel:                Town regulations supersede any corporate or development by-law.

Bralisch:                    So, if someone now owns a 2/3 acre lot, its use is limited if this goes into effect?

Siegel:                         Yes, for the next two years.

Bralisch:                    What if it already has water and sewer rights? These lots were bought with the intention of building on them. Most don’t have 300 feet of road frontage.

Joss Besse:                Development would be available under grandfathering.

Siegel:                         The Board might be agreeable to making a clause indicating that existing lots with water and sewer could be grandfathered for a permitted use.

Dave Johnson:        I would agree to that.

Jerry Mullen:           I would, also.

Mullen:                       An owner can always go before the Select Board for approval.

Bralisch:                    I’m worried about future boards.

Dick Ward:               The Board can add a resolution tonight to grandfather existing lots. You should also address the question of additions and alterations to existing dwellings and structures. I’d advise you to add these as items under section 3-D of the proposed changes.

Ken Richardson:    Act 250 will prevent most concerns that the board has. Restrictions are already in place. For instance, if the school is at capacity a developer wouldn’t be able to get an Act 250 permit. What are other zoning restrictions in other parts of town? Why single out the Village 2 district for 10 acre zoning?

Siegel:                         The Board is looking at the other side of the coin in terms of the rest of the town; if it’s not broken, don’t fix it. The concern is the acreage at Bolton Valley. If it’s broken up and sold off the town could be in trouble.

Mullen:                       It’s easy to circumvent Act 250. It’s been done before in Bolton.

Richardson:              There have been lots of changes in the past five years to Act 250. If the BV Water and Sewer can’t handle a development, it can’t take place. Or if the school is at capacity. These issues are covered.

Mullen:                       What if the development doesn’t fall under Act 250?

Besse:                          That particular part of Act 250 has not been changed.

Siegel:                         If they use on-site water and sewer they by pass the BV water/sewer review.

Richardson:              People who live on the mountain don’t have any objection to development. They don’t care. They feel safe guards are in place. They feel this interim by-law will devalue their property.

Mullen:                       How do they feel it will devalue their property?

Richardson:              Land development is money. I’m not opposed to the changes, just let them be fair. I feel the town is over reacting on this issue. How much land is actually developable on the mountain? There are water and sewer issues.

Mica Cassara:           The last time the town did a reappraisal, my personal property taxes doubled while taxes at the resort area went down. There have been other ski areas that have pushed and pushed town administrations and have gotten permits in place and all it accomplished was to deplete the resources of the town. Our school is small and a large development will greatly impact it. I feel

Town of Bolton Public Hearing

Interim Zoning By-Law

July 22, 2002

Page 2

the mountain gets more than its fair share of services, maybe more than other parts of town. You

pay your share of taxes, but you also get your share of services. I feel the concerns of the selectmen are real.

Siegel:                         Jim, would you like to make a motion to change the proposed required acreage from 10 acres to 6 acres?

             After consultation, it was decided that any motions to make changes need to come from the selectmen and not the public. This item was tabled.

Bralisch:                    What about Snow Pond Road? It’s not approved for BV water and sewer.

Adam Lougee:          Yes, it is.

Siegel:                         I believe that a condition of the Act 250 permit for Snow Pond is fire equipment for the Town of Bolton.

Lougee:                       That’s correct.

Bralisch:                    On the left of Route 2 I understand there might be condos. What’s the zoning requirement there? How about the new development off Notch Road?

Siegel:                         The development off Notch Road is already approved.

Ward:                                       There have been only two sub-divisions approved in the past two years in Bolton.

Siegel:                         The Town intends to have a professional help with re-zoning.

Bralisch:                    I’d like to know how much is collected in taxes from the mountain area and how much is spent in services. Is the mountain area a burden? If not, we’d like to not be considered a burden.

Siegel:                         I’d estimate that 60% of the highway budget is used on the mountain.

Besse:                          The whole town supports Bolton Valley and wants it to succeed. I’m not as comfortable as Ken (Richardson) is with Act 250. I feel it’s better for the town to define what they want. I feel they should increase the acreage to 25 acres per lot and leave a portion of the Village 2 area as is with conditions for development. I would like to see areas outside the direct Village 2 area restricted.

Siegel:                         Are there any limits on the number of days a seasonal home can be used?

Ward:                                       Over 180 is not a seasonal house. Also, if a house is a permanent structure, it doesn’t matter how many days a year someone sues it. How could you enforce such a thing?

Siegel:                         When the mountain rents out condos to long term renters rather than to vacationers, it hurts the town.

Ward:                                       Ralph DesLauriers has a number of Act 250 permits in place for development on the mountain. The environmental board reviews these permits. 10 acres lots can build up to 10 dwellings. The Town also makes developers go through the Development Review Board which is a safe guard for the town. The Board could also ask the Planning Commission to put a cap on the number of building permits it will allow the town to issue. With all due respect to the Planning Commission, the town should hire a professional to review the zoning regulations and do a study on the build out capabilities of the mountain. The Town could get a planning grant from CCRP if they had a duly adopted town plan.

Richardson:              I would hope that the Board would table this issue until it could hold a more publicized hearing and get more input.

Ward:                                       With topographical maps, someone could do a build-out.

Town of Bolton Public Hearing

Interim Zoning

July 22, 2002

Besse:                          The board needs to step back and take a look; there is a lot of information that isn’t available right now. I feel the town should continue with the interim zoning. If all the land on the mountain is auctioned off the town will be in trouble.

Bralisch:                    Why is there such concern over an auction now? The town wasn’t concerned when Ralph went under, or Mason. Why now? We need time to study this and make a decent decision.

Besse:                          Interim Zoning gives us that time.

Jen Andrews:           I feel the Town needs to be in control of what happens in the town. We shouldn’t rely on the state. This interim zoning by-law is a patch that contains things while we have the chance

to make a study. The town encourages development on the mountain and a PUD is the optimum way to have it. There are many wildlife corridors that extend through out the acreage on the mountain and they shouldn’t be broken up. A cap on permits is an excellent idea. We need to be respectful of residents there and incorporate a grandfather clause for them. The town also shouldn’t agree to anything less than 10 acre zoning.

Lougee:                       I’m speaking on behalf of Ralph DesLauriers who was unable to be here tonight. He feels the existing lots need to be covered.

Siegel:                         Are there any closing statements from anyone?

Bralisch:                    The Stones own a 100 acre lot in the middle of the BV parcel, would they be considered as an existing lot?

Richardson?                          You can act immediately if you want; if BV goes up for sale couldn’t the by-law go in place then? It could end up a ghost town up there if this affects a sale.

Ward:                                       After a sale, it’s too late. As soon as someone comes in with a sketch plan, they’re covered.

Richardson:              We should know in 4 or 5 days if the mountain is going to be sold.

Ward:                                       There are a couple of alternatives, the board can take no action, get the document cleaned up and then reconvene and vote or approve it tonight with conditions to be approved by the town attorney and then reconvene to sign.

Dave Johnson:        I’m concerned with what is considered a major change. Does the Board have the ability to make this kind of change without another public hearing?

Ward:                                       Any changes can be made by the board and then adopted. They do not need another public hearing.

Besse:                          I agree. I would urge the Board to have the attorney look over the changes that are made.

Johnson:                    I’d like to approve this tonight with changes.

There were no other comments; Jerry Mullen motioned to end the hearing, seconded by Dave Johnson. The hearing closed at 8:20 pm.

Attest:

Deborah LaRiviére

Town Clerk

Minutes are unofficial until approved.

These minutes were read and approved by the Bolton Select Board on __________________2002. ______________________For the Board.