MINUTES

SELECT BOARD PUBLIC HEARING

PROPOSED LAND USE AND DEVELOPMENT

PROPOSED TOWN PLAN AMENDMENT

JANUARY 05, 2005

Board members present were Pat Mallow, Jerry Mullen and John Devine. Also present was Town Clerk Deborah LaRiviére and residents and interested parties listed on the attached sheet. The hearing was called to order at 7pm. Select Board chair read the warning and opened the floor for comments on the Town Plan portion of the meeting. There were no comments on the Town Plan. The Chair then asked for comments on the proposed Land Use and Development Regulations.

Sharon Murray from Burnt Rock Consulting (Burnt Rock worked with the Municipal Planning Group in the writing of the new document) gave an overview of the changes that have been incorporated since the Planning Commission held their public hearing.

Ken Richardson:    I would like to see the regulations be beneficial to the town as a whole. Any future development in the Bolton Valley area will need to address the school transportation issue as well as the speed limits on the Access road. In my opinion, time-shares and condos are more beneficial to the town than single family dwellings. Also, as a member of the Bolton Fire District, I’m concerned with the water and waste water.

Margot Pender:       Is there a deadline to get this document adopted?

Murray:                    Interim Zoning is finished in July 2005. The Planning Commission has worked hard to address the issues regarding water and wastewater. The Conditional Use Review would give the PC a chance to look at those issues more closely.

Larry William:         I have narrowed down the five most important issues that the MPG failed to integrate in the document. These are 1) a change in the zoning map that would decrease the Forest District and increase the RR2 area. 2) Development allowed on slopes over 25% with a Conditional Use Review. 3) Setbacks of 100’ from Joiner Brook on the east side of Bolton Valley Road only. 4) 50’ setback from channel centerline rather than top of stream banks. 5) All uses at Bolton Valley should be allowed to connect to the water and waste water system.

Linda Baker:            Townspeople have asked for the stricter setbacks from the streams. They wanted more restrictions than the former document had. Also, all other towns with ski areas have the ski areas as Conditional Uses not permitted uses. This gives the town a chance to look at what’s going on at the ski area. We don’t feel Act 250 is helpful enough.

Richardson:             Are the setbacks for the streams based on construction of boundary lines?

Murray:                     Construction.

Bob Fries:                 Anything Bolton Valley does is subject to Act 250 review and the Town of Bolton is subject to all Act 250 hearings.

Murray:                     State statute defines two reviews, one being a site plan review which looks at the over all picture and conditional use review which looks at impact on infrastructure. Both require public hearings but

The conditional use review allows the Development Review Board to look at the impact to adjoining landowners. The setbacks are also what the state suggests. The setbacks on the high banks are due to the spring run-off.

            Steve Barner:           The stream banks are areas that are good for vegetation and that helps control erosion and keeps run-off from draining into the streams.

            Williams:                  There are so many little streams, 50’ setbacks seem like a lot.

            Rodney Pingree:     The real concern is steep slopes and run-off which creates flooding and flood risks.

            Mike Rainville:        I live on Mill Brook and many of the houses there could not meet the 50’ setback nor could the vacant lots there.

            Murray:                     There is a provision for a waiver up to 50% under a conditional use for existing structures. This provision is so no lots are unbuildable.

            Fries:                         There are so many unnamed streams, that setback will make most of Bolton Valley’s land undevelopable.

            Jerry Mullen:           Are the unnamed streams on the topographical maps?

            Murray:                     Many of the unnamed streams will be identified by site investigation.

            Richardson:             Why does Bolton Valley want the map changed? What kind of development are you thinking about?

            Williams:                  Around the base lodge, sometime between now and ten years, we would like to build a condo/hotel structure, in possibly three phases with 30 units a phase. Then around the parking area more condo development. Down near the Black Bear Inn maybe some single family units. And some estate lots.

            Murray:                     The proposed zoning map did incorporate some of the Bolton Valley changes but not in the area around Broadway. The Dana Farley study suggested limiting development in this area. The PC felt they needed more information from Bolton Valley on what exactly they planned to do before they made any major changes in the zoning districts.

            Baker:                        The PC would like Redstone to have more time to make their plans. The PC and the Select board will be more than willing to look at any proposals Redstone brings in. Both boards have the obligation to protect the entire town. Bring us something concrete and we’ll consider it.

Williams:                  I felt we had to play catch-up with the town. I also think the Farley study was superficial.

            Baker:                        The Farley study didn’t have a huge impact on what the MPG wrote.

            Williams:                  Redstone tried to be quick so they could make presentations to the PC before everything was done. The Broadway area is one of the most accessible areas at Bolton Valley. Our real concern is the Forest District designation. I don’t want to try and get a change later.

            Pender:                     The planning process was six months underway when Redstone purchased the land. Redstone should have come to the town, not the other way around. The MPG wrote this plan with the idea that the players will change, owners of Bolton valley as well as commission members, and that the regulations are made to be flexible. Redstone can build in the Forest District, PRD’s and PUD’s are permitted there.

            Barner:                     The PC did pay attention to the Farley study. The capacity to over-build on Broadway is an issue. This area cannot support Estate houses. The wastewater plant can’t support expansion. Fix the septic, get a plan and then come back.

            Fries:                         Water and sewer are controllable by the state. There will be no new building without septic improvements. And, Bolton Valley did not know about the proposed zoning changes until well into the process.

            Ralph DesLauriers:The problem with this plan is that it allows more development of the Access Road which will make that look like strip development. Broadway is a much better area to develop. Broadway is a good road and can be built up to be better with the strip development that would appear on the access road. This wouldn’t impact the whole area either.

            Rainville:                  The DRB has a plan in under the current zoning to develop 18 lots in the Broadway area which will be reviewed under interim zoning.

            Murray:                     Is Redstone interested in seeing a 6 acre per dwelling situation in the whole town or just the Bolton Valley area?

            Williams:                  Not sure.

            Richardson:             I would rather see more high end condos in the Broadway area.

            Barner:                     The PC doesn’t want to see strip development either, that’s why it’s changing from 2 acres per dwelling to 10.

            Paul DesLauriers:  I have comments from my sister Nancy Stone regarding the new zoning which I’d like to have accepted. (copies were given to all present and a copy is attached to the actual minutes). Have you made changes on the driveway slopes?

            Murray:                     They were changed from 10 to 15%.

            Ralph DesLauriers: The driving range that I currently own is in Rural 2 and would now require a variance to meet setbacks. This should be a permitted use in that district.

            Meg Lewis:               What’s next in this process?

            John Devine:           This is it. The state now allows the select board to adopt zoning changes without going to a vote. The board is going to vote after discussing this.

            Murray:                     The MPG used the Farley study, they took into account slopes, septic capacity, erosion and GIS maps. There just wasn’t enough information from Redstone on how they would fix storm water run-off, and not enough information from them to warrant our redefining the Forest District.

            Ralph DesLauriers: Most of this plan is good.

            Joss Besse:               There has been flooding in the area and the Broadway section is flat and can absorb water. The town has just received another grant to re-do the Town Plan so these areas can be looked at then. More development means more water.

            Williams:                  Site plan review will regulate what happens along Broadway.

            Baker:                        I think it’s a good idea to have the Select Board adopt the regs. Then changes can be made and adopted by them later.

            Murray:                     The law was changed to make it easier for small towns to do this. There is still the provision for a petition, but that does not change the Select board’s ability to adopt.

            Pender:                     What’s is a major change and what’s a minor change?

            Murray:                     Technical is minor, change of intent is major.

There were no other comments from those present. A motion was made by Margot Pender to close the meeting and seconded by Steve Barner. The meeting ended at 8:40 pm.

Attest:

Deborah LaRiviére

Town Clerk

Minutes are unofficial until approved.

These minutes were read and approved by the Bolton Select Board on __________________, 2005. ___________________For the Board.