Commission Attendees: Greg Boshart, Ana Rahona, Phil Peterson, Chris Glabach. Absent: Leon Ward.
Staff Attendees: Janet Hurley (Planning & Zoning Director).
Public Attendees: Lauren Downey, Martina Victor, Richard & Polly Jones, Clem Clay (via Zoom), Brian Benson (via Zoom), Mike Nawrath, Bill Badger.
Hurley initiated recording. Boshart called the meeting to order at 7:05 p.m.
1. Minutes for the 8-9-2021 meeting were approved by unanimous consent.
2. Bentley Hill Road Zoning.
Downey asked for an explanation of the potential zoning change concerning Bentley Hill Road. Hurley explained that the Planning Commission initiated an exploration of changing the zoning for the residential homesteads along Bentley Hill Road from Forest Conservation (FC) to Rural Agricultural (RA) so that the residential uses were not nonconforming. Victor expressed concern that a change in the zoning would threaten the historic and wilderness character. Hurley noted that the RA district appeared to fit the current use and character better than FC. Boshart added that zoning change would not involve anything beyond what is already developed and the idea was to better reflect what is there, making the residential uses conforming rather than nonconforming. There was an explanation of the recent comprehensive townwide rezoning that occurred.
R. Jones asked what initiated the consideration to change the zoning along Bentley Hill Road. He expressed concern that it would allow extensive residential development. Hurley explained that she had a call in July asking about whether a residential use could be expanded. P.Jones asked what the process to change the zoning would entail. Boshart and Hurley explained that it would involve several meetings, followed by warned public hearings before the Selectboard would decide on the proposed change. Boshart explained that this would be packaged with other revisions and would be many months to a year in the works. Hurley described what an application for expansion of a nonconforming use would entail. She added that the minimum lot size for the new RA district is 10 acres. It was suggested that there could be a hybrid district for the neighborhood.
Clay explained that his family property at 670 Bentley Hill Road is on the market, which may have been the impetus for the inquiry to Hurley. Clay noted that the inquiry was not initiated by his family or any of the neighbors, that the landowners along the road are comfortable with the current zoning designation, and that with so few owners involved, the Development Review Board would not be overwhelmed with applications for expansion of nonconforming residential use. Boshart thanked the Bentley Hill property owners for attending and sharing their thoughts. He proposed abandoning the consideration of changing the zoning based on these comments. Each other commissioner agreed with the suggestion to drop the matter.
3. Request to Include Language Addressing Conflicting Ordinance Provisions.
Nawrath addressed the commission to ask that it consider adding a provision in the ordinance that would clarify that when there is a conflict between ordinance provisions, the more restrictive provision should apply. He expressed that to protect the public water supply this was particularly important in the APO. He provided a hypothetical example of potential multifamily development with individual septic systems on the Hayes gravel pit site. He argued that any performance standard in the ordinance would fall to the precedent that the DRB used for the Nyweide resort proposal.
Boshart expressed support for adding a provision to the ordinance that clarifies when there is a conflict in the ordinance, the more restrictive provision should apply. Badger also expressed support for the idea. Rahona agreed that such a provision should be added. Peterson questioned whether the new language should address interpretation of vague language for the APO in particular. Hurley pointed out that there would be no conflict where APO provisions are stricter than those in the underlying zoning district. By definition provisions for an overlay district take precedence over those of the underlying district. Boshart concluded that the commission will draft language addressing conflicting provisions to be included in the next round of adjustments. It was noted that the reason the DRB sought legal counsel on the conflicting APO provisions was because there is no such language in the ordinance currently.
4. Historic District Mapping and Inventory
Hurley noted that the town plan suggests digitizing district maps, updating inventory, and incorporating properties with historic significance that were left out, particularly between the Bonnet Street Historic District and the Manchester Center Historic District. Badger characterized the 1986 survey as a drive by and agreed that a more complete inventory and assessment was called for. He offered the help pf the Manchester Historical Society (MHS). He reported that the MHS is exploring the development of digital walking tours. These could be sponsored by the Equinox Resort for the Village and Manchester Business Association (MBA) for the Town. Hurley said that John O’Keefe and she had discussed developing such digital walking tours with associated on the ground way finding.
Hurley reported that she did not have the bandwidth to pursue a Municipal Planning Grant (MPG) this year to begin the Town Plan work. She said the Village Center and NDA designations are due for renewal soon and she would need to focus on the renewal application in the coming weeks. Instead she and the commission will work with MHS on the project to digitize and update the historic districts.
5. Zoning Revisions
Hurley asked commissioners to consider clarifying the definition of primitive camp. How much plumbing, electric, and insulation should be allowed. Boshart indicated that insulation should be allowed for wood heated cabins. Benson suggested that the USFS might have a definition that would inform the commission. Nawrath suggested the state wastewater rules might also provide a definition for reference. Boshart said the commission would pursue a clarifying definition for the ordinance.
Hurley said that she has found the landscaping standards put forth in Table 9-1 to be unworkable and asked the commission to consider working on replacement language that reflected Manchester’s expectations. Boshart pledged that the commission would look into alternatives and discuss at the next meeting. He suggested that Glabach, as a landscaping professional could take the lead. Hurley also reported that she received a call from Alex Johnson who expressed that he wanted his property to retain the commercial zoning that it had before the 2018 zoning changes. Boshart indicated that the commission would consider this as well. He said the commission could tackle the bulleted list of potential revisions a few at a time in preparation for the next round of revisions.
6. Other Business.
There was no other business. Glabach motioned to adjourn the meeting. Rahona seconded the motion. The motion carried 4-0-0 at 8:20 p.m.
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For the Planning Commission Date