TOWN OF MANCHESTER, VERMONT
PLANNING COMMISSION MINUTES
August 9, 2021
Commission Attendees: Greg Boshart, Ana Rahona, Phil Peterson, Leon Ward. Absent: Chris Glabach.
Staff Attendees: Janet Hurley (Planning & Zoning Director).
Public Attendees: Andrea Conrad (via Zoom), Brian Benson (via Zoom), Mike Nawrath (via Zoom), Kushank Gupta (via Zoom).
Hurley initiated recording. Boshart called the meeting to order at 7:04 p.m.
1. Minutes for the 7-26-2021 meeting were approved by unanimous consent.
2. Potential Zoning Revisions.
Hurley explained that the waiver criteria have been called into question by a recent permit appeal in which it was argued that the ordinance criteria are too vague to comply with statute and unconstitutional. Hurley looked into whether there are waiver standards for municipal zoning across Vermont and learned that there are not and that there is no case law on the subject. Boshart reviewed the waiver criteria from the ordinance and noted the limits set on waivers by Section 3.6. He suggested studying the waivers that have been awarded and allowing adjustments by percentage of the dimensional standard at issue. Boshart asked Hurley if she had conferred with legal counsel about the appellant’s contention that statute allows dimensional standards can be decreased but not increased by waiver. Hurley reported that Attorney Jim Carroll did not agree with that interpretation. Boshart characterized a waiver as allowing for less stringency and this could be with either an increase or decrease depending on the standard.
The commission took up the discussion of building height begun at the last meeting. Boshart suggested presenting illustrations of what is contemplated in the Town Center district for public meetings during the town plan rewrite effort. Boshart asked Hurley if she had conferred with the Fire Department. She reported that the fire chief said the ladder extends over 100 ft. and that it could service a fire in a building of 70 ft. height. She said she would need to ask the fire chief again what maximum building height he would be comfortable with in Manchester.
Boshart said that he had visited Bentley Hill Road to assess the area. Hurley shared screen to show the parcels in this corner of the town. Boshart concluded that the turn in the road westerly would be an appropriate demarcation for rezoning to rural residential or agricultural. Ward generally agreed, although he said he would not include parcels to the west of Bentley Hill Road before its turn. Hurley suggested extending the line straight easterly rather than following parcel lines on the larger lots on the east side of the area. The commission will invite landowners to a future meeting to voice their opinions on the matter.
Commissioners discussed allowing restaurants for lodging establishments in the Mixed Use 2 Zoning District. Hurley suggested that this could be for existing lodging establishments only, or for lodging establishments with the core (within 2,500’ of the main roundabout). Hurley measured the restaurant at Palmer House to be about 2550’ feet from the roundabout, but pointed out that there is sidewalk all the way there. Commissioners suggested that the idea is that the restaurant should be walkable from the core. Ward indicated that existing lodging should be allowed to have restaurants. Peterson agreed. However, it was generally felt that for new establishments, distance should be a consideration. Rahona observed that people are turned away from existing restaurants and therefore she thinks there is capacity for more restaurant seats.
Boshart suggested that the commission settle on a definition and distance that works and study the impacts of the proposed change. He said that allowing restaurants throughout the Mixed Use 2 district is too broad. Conrad and Gupta expressed desire to have full service restaurants open to the general public at their respective lodging establishments and thanked the commission for consideration of the idea. Hurley summarized that the use would be conditional and safety, access, traffic, and parking would all be considered before approval.
Commissioners discussed allowable maximum lot coverage for the Rural Residential (RR), Rural Agricultural (RA), and Forest Conservation (FC) districts. They considered whether the current proposed percentages are too small and whether driveways should be included in the calculation, or perhaps only up to 10,000 sq. ft. of a single lane driveway need be counted. Commissioners settled on allowing ¾ acre of coverage in each district, only counting up to 10,000 sq. ft. of driveway. This would be 15% in the RR, 7.5% in the RA, and 3% in the FC. Hurley and Boshart will map out examples for each district to consider at the next meeting.
3. Town Plan 2022.
Boshart shared example digital format historic district maps. There was considerable discussion about the historic districts, the 1986 historic survey, and the implications of being a contributing historic structure in a historic district. Commissioners decided to invite Manchester Historical Society (MHS) members to help determine whether districts warrant expansion, and whether any noncontributing structures should be contributing. Boshart and Hurley will continue to develop digital format maps. Hurley suggested MHS may also be able to provide photo documentation of contributing structures that could be tied to the digital mapping.
There was an extensive discussion about the pattern of nonresidential development in rural areas of town. Boshart asked whether there should be incentives for clustering. Hurley cautioned against offering incentives for commercial development in the rural areas. She argued the important consideration is that commercial development be sensitive to the natural landscape. She said the town plan neglects discussion of any but residential development in the rural areas. For nonresidential uses allowed in these areas, she argued the town plan should address visual sensitivity of such development.
Benson asked what the definition of lot coverage was. Boshart read the definition from the ordinance. Benson asked whether a 150 sq. ft. tiny home would count toward coverage. Boshart indicated that it would. Benson asked how long the current provision allowing the lessor of a percentage or 1 acre had been in effect. Hurley indicated it went into effect in 2018. Benson asked what the impetus for changing it was. Boshart said that the provision could encourage subdivision of larger parcels as a way to skirt around the coverage limit.
Peterson asked whether the ordinance allowed for tiny home development. Hurley said there was nothing in the ordinance to prevent it. There was a discussion about tiny homes relative to mobile homes, accessory structures, and water and wastewater permitting. Hurley referred to the minimum required standards for dwelling units (minimum size allowed is 150 sq. ft.) from the ordinance.
Hurley advocated for consideration of Diversity Equity and Inclusion (DEI) principles as the commission works on a new town plan. Ward indicated that he had viewed the presentation that Xusana Davis (Vermont Racial Equity Director) gave at the last BCRC meeting, and he asked how Manchester can address equity issues. Hurley urged commissioners to consider how to engage a full complement of the community in the upcoming town plan effort, how to involve those that we don’t normally see involved in these planning efforts, people of all races, socioeconomic backgrounds, ages, and sexes. Commissioners suggested using social media, focus groups, teachers, students of Manchester schools (BBA, MEMS, MMS, Red Fox), tables at coffee shops, and survey monkey.
Students could be invited to present five ideas to the commission at school input summits. Hurley made the case for engaging as many people and as broad a section of the community as possible. Benson expressed enthusiasm for an equity fair modeled after the science fair concept. Rahona suggested reaching out through the food cupboard and she offered to pursue that. Hurley will plan to apply for a Municipal Planning Grant this fall to help fund Spring, Summer, and Fall 2022 efforts. Boshart said commissioners can formulate parameters and talking points in the meantime.
4. Other Business.
There was no other business. Boshart thanked Zoom participants for their input. The next meeting of the commission will be September 13, 2021.
Rahona motioned to adjourn. Ward seconded the motion. The motion carried 4-0-0 at 8:59 p.m.
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For the Planning Commission Date