TOWN OF MANCHESTER, VERMONT
PLANNING COMMISSION MINUTES
Commission Attendees: Tina Cutler, Leon Ward, Chris Glabach, Ana Rahona. Absent: Greg Boshart.
Staff Attendees: Janet Hurley (Planning & Zoning Director), Cat Bryars (BCRC Senior Planner).
Public Attendees: Andrea Conrad, Brian Benson, Mike Nawrath.
Hurley initiated recording. Cutler called the meeting to order at 7:01 p.m. Hurley read the remote meeting script attached to these minutes and thereby incorporated. Hurley asked participants to remain muted unless speaking. Planning Commissioners identified themselves each in turn.
Minutes from 3-15-2021 were approved by unanimous consent. Hurley noted that Nawrath’s written comments would be incorporated by reference.
Town Plan Implementation Discussion. Bryars introduced herself, noting that she works with BCRC municipal members on town plan and bylaws updates. The regional commission is required to check in with each member town twice over the course of the 8 year term of a plan. Cutler noted that this past year everything changed, particularly in the retail sector, making it difficult to judge how things are going. Hurley noted that most Manchester restaurants remained in business despite pandemic restrictions.
Bryars noted that the 2017 Town Plan called for new zoning. Hurley provided an overview of the multi-year rezoning effort and resulting new bylaws. Bryars asked commissioners if the town had training needs that the BCRC could address. Hurley noted that Manchester has professional staff and with Hurley serving as BCRC chair and Gordon Black as co-commissioner, Manchester is very tuned into BCRC services. Bryars noted that BCRC would be hosting an annual training for municipal official on April 29th from 4:30 to 6:00. Hurley noted that new commission appointments would begin serving in July. Bryars indicated that the training would be recorded and available on the BCRC website.
Bryars inquired about Manchester meeting formats during the pandemic. Hurley reported that they have been remote and that the town would likely offer a hybrid in-person and remote format in the future. Hurley mentioned that the 2017 Town Plan was followed by the 2018 Downtown Strategic Plan and the 2020 Energy Plan. The Energy Plan in particular was thrown off course due to COVID-19, and the town will need to revisit it post pandemic.
Bryars confirmed that Manchester has good communication with BCRC with Hurley serving as conduit. She offered that BCRC puts out a digital newsletter every 2 months. Bryars is wrapping up a review of member municipal bylaws, and she will be sharing her analyses shortly with towns. Bryars thanked commissioners for inviting her to attend this meeting.
Consideration of Public Feedback on Zoning Revisions.
Hurley displayed four questions for the commissioners to consider before passing the drafted revisions on to the Selectboard.
1. Should private source protection areas be included in the APO?
Hurley advocated that she felt it was good to have them as part of the APO to inform the zoning administrator and avoid use conflicts. She noted that Bill Drunsic made the point at the hearing that a private SPA within the town water service area should not be afforded APO protections because the system should connect to the town system instead of operating separately. Commissioners agreed that private source protection areas within the town water service area should not be included in the APO.
2. Should landowners who have property falling in one of these private source protection areas have to have a licensed engineer show what potential impacts their proposed use or development will have on the water source (Section 5.2.9(1))?
Commissioners agreed that if the Town Engineer agrees that the proposed development does not present a threat to the private aquifer, there would be no need for the landowner to commission an independent assessment by a licensed engineer.
3. Should an applicant for any land use and development over the town aquifer be required to pay for a determination by an engineer chosen by the town that the use/development will not impact the public water supply and is fully compliant with the Town's source protection plan and any federal or state permits the Town holds for its water supply (Section 5.2.9(3))?
Hurley noted that this language was recommended by Town Legal Counsel Jim Carroll. Commissioners agreed that applicants should be required to pay for this assessment for proposed development within the town source protection area.
4. Should the Dorr Oil and Barnstead Inn properties be included in the MU2 expansion on Bonnet Street?
Commissioners agreed that the MU2 zoning should extend to include the Barnstead Inn and Dorr Oil & Propane properties. Hurley noted that would still not allow a restaurant open to the public at large at the Barnstead. Ward offered that he felt a restaurant should be allowed there expressing his opinion that downtown extended out this far. He asked why downtown zoning could not be extended to this property. Hurley explained that was not proposed at last month’s hearing and could not be added now without having another hearing. She also noted that would constitute “spot zoning,” which is not allowed.
Conrad inquired as to the process for future zoning revisions that might allow regular public dining events at The Barnstead Inn. She noted that during the pandemic The Barnstead Inn hosted visiting chefs two to three times per month for pop up dining events. Hurley explained the process. She invited Conrad to make her case to the Planning Commission for the next round of zoning revisions.
Hurley referenced comments from Nawrath at the public hearing last month arguing that the Planning Commission would be going against Town Plan policy by not extending restrictions throughout the APO. She noted that the 2018 zoning rewrite expanded the APO to include source protection area falling on the east side of Route 7 as referenced in the 2017 Town Plan. The planning commission then committed to carefully review all APO provisions and recommend changes is this round of zoning revisions. In this effort the Planning Commission relied on the expert opinions of Hydrogeologist Jeff Hoffer. Restrictions and standards are proposed to be strengthened throughout the APO, particularly in zones A and B, while language will clarify that proposed development in Zone C need not connect to town sewer.
Benson argued that the right decision for the Planning Commission to make is to require connection to sewer throughout the APO. Cutler reiterated that there are protections proposed to be in place throughout the APO and other permit processes will also assess threats, even in Zone C. Benson offered arguments against allowing septic systems within the APO on the east side of Route 7, particularly non-residential systems. He spoke against allowing the proposed resort in this area and suggested the commission should not make changes in support of a proposed development. Cutler countered that none of these proposed changes were made in response to a proposed project.
There was further discussion about Hoffer’s recommendations. Benson said Hoffer suggested if there are probable effects on the town aquifer, connection to town sewer should be required. If effects are only possible, connection would not be required. Benson asked commissioners to extend protections to those projects that would have possible effects. The proposed changes offer a trade-off between tighter restrictions west of Route 7 and looser ones east of Route 7. Benson asked commissioners whether they really wanted to make that trade off. He thinks the protections should be maintained on both sides of Route 7.
Hurley pushed back against the characterization of loosening restrictions on the east side of Route 7. She said this change to clearly allow development on the east side without connection to town sewer was in response to a conflict in the bylaws. Nawrath argued that it was not a conflict, but rather the reference to individual septic systems was for those already conditionally allowed. The requirement for all new development to connect was therefore not in conflict with existing septic systems already permitted. Nawrath characterized the issue as a question of what is best for the town. What level of protection is appropriate for the town aquifer?
Ward asked how far the proposed resort is from town sewer. Hurley estimated it to be at least 3,800 feet and possibly further, as she did not know where the reported sewer lines serving the Manchester East Condos were. She agreed with Nawrath that the question is: What is the most appropriate level of protection for these areas. Hurley then summarized the two zoning district changes that commissioners would add to the draft revisions: (1) private SPA within the town’s water service area would not be included in the APO, and (2) MU2 zoning would be extended to the Barnstead Inn and Dorr Oil & Propane properties.
Glabach motioned to forward the draft revisions to the Selectboard for consideration. Rahona seconded the motion. The motion carried 4-0-0.
Other Business.
The next meeting of the commission will be Monday, May 10, 2021, at 7:00 p.m.
Rahona motioned to adjourn. Ward seconded the motion. The motion carried 4-0-0 at 8:29 p.m.
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For the Planning Commission Date