MADISON PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTES Jan. 18, 2018

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1 SUBJECT TO APPROVAL MADISON PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTES Jan. 18, 2018 The regular meeting of the Madison Planning and Zoning Commission was conducted Thursday, Jan. 18, 2018, at 7 p.m., in Meeting Room A at Madison Town Campus. MEMBERS PRESENT Chairman Ronald Clark, Secretary Thomas Burland, Brian Richardson, Joel Miller, James Matteson, and Amanda Mitchell. MEMBERS ABSENT Joseph Bunovsky, Jr., John K. Mathers. ALTERNATES PRESENT Elliott Hitchcock and Giselle Mcdowall. OTHERS PRESENT Director of Planning and Economic Development David Anderson, MCTV taped the meeting. The regular meeting of the Madison Planning and Zoning Commission was called to order at approximately 7 p.m. by Chairman Ronald Clark, who seated Alternate Commissioner Elliott Hitchcock for Commissioner Amanda Mitchell, who arrived a few minutes later, and Alternate Commissioner Giselle Mcdowall for absent Commissioner Joseph Bunovsky, Jr Cottage Road. Map 31, Lot 25. T District. Owner: 137 Cottage Road, LLC; Applicant: Robert E. Dowler. Site Plan Modification to install a fence between the approved apartment project and Windemere East per an agreement between the owner of 131 Cottage Road and the Windemere East Association. Attorney Christopher M. McKeon, representing Applicant Robert E. Dowler, stated that a number of issues were raised during the public hearing by residents of Windemere East and the Windemere East Association, represented by Attorney Keith Ainsworth. As a result of the public hearing comments, both parties agreed to a global resolution of various claims, according to Mr. McKeon. Mr. Dowler has agreed to install a privacy fence to the north side of his property and nearest to the Windemere East Association property, according to Mr. McKeon. This privacy fence, for which a map was created by Professional Engineer Michael Harkin, will be between both properties, and it fulfills the needs of both parties, according to Mr. McKeon. To make the process as transparent as possible, it was decided the fence should go before the Planning and Zoning Commission as a Site Plan Modification application, according to Mr. McKeon. Mr. Ainsworth stated that the privacy fence does jog a little bit in various places; there is a locked gate, and the fence is only between the two properties. Fence maintenance will be shared by both parties. Commission Secretary Thomas Burland made the motion to approve the Site Plan Modification for 137 Cottage Road, LLC; it was seconded by Commissioner Joel Miller and unanimously approved. Page 1. Madison Planning and Zoning Commission, Regular Meeting, Jan. 18, 2018

2 Vote to approve the application passed, IN FAVOR: Chairman Clark, Secretary Burland, and Commissioners James Matteson, Elliott Hitchcock, Giselle Mcdowall, Joel Miller, and Brian Richardson. Discussion on scheduling a planning workshop to discuss possible amendments to the RS District boundaries and regulations. Director of Planning and Economic Development David Anderson stated that the Planning and Zoning Commission had a very lively and spirited zoning hearing about possible amendments to the Rural Shopping District boundaries and regulations. At the conclusion of the hearing, the Planning and Zoning Commission decided to withdraw the application, with intentions of possibly having a workshop to engage in conversation with the property owners, with hopes of obtaining ideas for two properties at the north side of Route 80 by the circle and the three properties going south side on Route 79, according to Mr. Anderson. Since the zoning is not the same for the two sites, he suggested the Planning and Zoning Commission consider having two workshops, one that would focus on the north side of Route 80, with the second being concerned with south on Route 79. Commission Secretary Burland stated that a lot of issues were raised during the public hearing, and workshops would provide a way to make this a plus for everyone involved; Chairman Clark was also in favor of having the workshops as a way to provide calm conversation and gain ideas for possible uses for the various properties. Mr. Anderson stated that he would provide notice of the workshops and state specifically what will be discussed in each workshop. Commissioner Miller stated that the common thread between the two properties was that, currently, the way the zoning exists in the Rural Shopping District, the unknowns are known. What currently exists is something that the people knew, when they were purchasing their properties on the north side, it could be a doctor s office or a day care center, and on the south, it s Robert s food market and Madison Earth Care, according to Commissioner Miller. If it is opened up to full commercial, that would have a much stronger impact, and that concern was brought up by those on both sides of the geography, according to Commissioner Miller. Mr. Anderson stated that it might be desirable to limit the types of activities that would be allowed in the district. James and Lisa Mcandrews, who live in the Rural Shopping District, were asked by Chairman Clark to comment, if they so desired. Mr. Mcandrews stated that there was a wholesale objection to gerrymandering the Rural Shopping District, and he believes plans to make the area more commercial would lower property values. In fact, the entire concept of change for the site should not go any further, according to Mr. Mcandrews. Lisa Mcandrews stated that plans for more commercial would take away the rural character of the neighborhood, something to which the residents were attracted, when they bought their houses. The Planning and Zoning Commission is responsible for meeting goals set in Madison s Plan of Conservation and Development, which is where the concept of changes for the Rural Shopping District exist, and the commission also has to make its zoning regulations consistent, town wide, according to Chairman Clark and Commissioner Miller; the current zoning of the properties is no longer legal and cannot be zoned in that fashion any longer. Workshops with property owners would allow ideas to be exchanged that may be favorable to everyone; it is a process to do the right thing, and the Planning and Zoning Commission does not yet know what is the right thing to do, Chairman Clark stated. Any amendments to the zoning regulations could include language that would have restrictions specific to the Rural Shopping District, such as not allowing drive through Page 2. Madison Planning and Zoning Commission, Regular Meeting, Jan. 18, 2018

3 restaurants, according to Mr. Anderson. It was agreed that a public notice of the workshop and its discussion topics would be made prior to the workshop, which is scheduled for Thursday, March 1, 2018, at the Planning and Zoning Commission s planning meeting. In the February planning meeting, the Planning and Zoning Commission will discuss the structure of the workshop, according to Mr. Anderson. Discussion regarding the definition of street and the impact of classifying a right-of-way as a street and the resulting need to impose a front yard setback off of the right-of-way. Director of Planning and Economic Development David Anderson stated that he and Zoning Enforcement Officer John De Laura have been having an on and off issue with enforcement, regarding the definition of street and the right-of-way classification as a street, with regards to imposing a front yard setback. There are areas in town where imposing the front yard setback would not work, and Mr. Anderson stated that both he and Mr. De Laura are just using their best judgment in trying to resolve these matters, because the area is a little bit ambiguous. There are two possible solutions, and one is to change the definitions in the Planning and Zoning Regulations, and the second solution would be for the commissioners to come to a general consensus that they are comfortable with the way it is being handled now, according to Mr. Anderson. He concluded by stating that he was discussing the matter to make the commission aware of the issues involved. Discussion regarding regulation of outdoor events. Director of Planning and Economic Development David Anderson stated that this discussion arises from a culmination of many issues from the past. The town Planning and Zoning Regulations do not address the process for outdoor events, however the fire marshal and the police department do have standards that have to be met for outdoor events, in terms of maintaining public safety, such as the number of restrooms to be made available, and whether the fire safety code is followed, for instance, when tents are used. Mr. Anderson stated that one question that arises is: How is the town green, which is owned by the church, allowed to have those events, such as the farmer s market and the concerts? Many large events take place on that green, have been going for decades, and have run smoothly, without Planning and Zoning Commission approval or oversight, according to Mr. Anderson. The Deacon John Graves Foundation wants to have an event at its site, which is zoned residential, and Mr. Anderson stated that he suggested the group apply for a special exception permit and put it before the Planning and Zoning Commission for approval, but since the zoning regulations do not require that, the group is not interested in making that application. It would be helpful if the Planning and Zoning Regulations contained language relative to outdoor events, which would trigger review and approval by the Planning and Zoning Commission; the size of an event, for instance, or the availability of parking, might require review, according to Mr. Anderson. Chairman Clark also stated that the hours of an event could be considered. Mr. Anderson stated that he will invite representatives of the Deacon John Graves Foundation to the next planning meeting for further discussion. Election of Officers. Chairman Clark stated that the election of officers, chairman, vice chairman, and secretary, takes place once a year, and no alternates are allowed to vote during the nomination process. Page 3. Madison Planning and Zoning Commission, Regular Meeting, Jan. 18, 2018

4 Commissioner Matteson made the motion to nominate Commissioner Ronald Clark as chairman; it was seconded by Commissioner Richardson and unanimously approved. Vote to choose the chairman passed, IN FAVOR: Commissioners Clark, Burland, Matteson, Mitchell, Miller, and Richardson. Chairman Clark made the motion to nominate Commissioner Matteson as vice chairman; it was seconded by Commissioner Miller and unanimously approved. Vote to choose the vice chairman passed, IN FAVOR: Chairman Clark and Commissioners Burland, Matteson, Mitchell, Miller, and Richardson. Commissioner Miller made the motion to nominate Commissioner Burland as secretary; it was seconded by Vice Chairman Matteson and unanimously approved. Vote to choose the secretary passed, IN FAVOR: Chairman Clark, Vice Chairman Matteson and Commissioners Burland, Mitchell, Miller, and Richardson. Schedule of Meetings ~ The schedule of meetings was available in the commissioners packets for review ACCA Liaison Assignments ~ An assignment was made for the February meeting. Approval of Minutes: Regular meeting - November 16, 2017 Planning Meeting December 7, 2017 Regular Meeting December 21, 2017 Commissioner Miller made the motion to accept the Nov. 16, 2017, as submitted; it was seconded by Vice Chairman Matteson and unanimously approved. Vote to accept the Nov. 16, 2017 minutes passed, Commissioner Richardson made the motion to approve the Dec. 7, 2017 minutes, as submitted; it was seconded by Commissioner Miller and unanimously approved. Page 4. Madison Planning and Zoning Commission, Regular Meeting, Jan. 18, 2018

5 Vote to accept the Dec. 7, 2017 minutes passed, Chairman Clark made the motion to approve the Dec. 21, 2017 minutes, as submitted; it was seconded by Vice Chairman Matteson and unanimously approved. Vote to accept the Dec. 21, 2017 minutes passed, Remarks: ACCA Liaison Report ~ No report. Commission Chair ~ No report. Town Planner ~ Director of Planning and Economic Development David Anderson stated that the library renovation and addition will be presented to the Planning and Zoning Commission on Feb. 13, 2018, for approval. In addition, the Board of Selectmen is considering banning fracking waste from the town and thought the Planning and Zoning Commission should be involved in the discussions. Due to difficulties involved in enforcing such a ban, the commissioners, by consensus, agreed they did not want to have a role in the process; Mr. Anderson stated that he would relay that information to the Board of Selectmen. Mr. Anderson also stated that five proposals for the Academy School were received earlier in the day, which the Board of Selectmen reviewed. They are heavily residential, with one proposal having the highest density of units at 120, according to Mr. Anderson. Adjournment Secretary Burland made the motion to adjourn at 8:40 p.m.; it was seconded by Commissioner Miller and unanimously approved. Vote to adjourn passed, Respectfully submitted, Marlene H. Kennedy, clerk Page 5. Madison Planning and Zoning Commission, Regular Meeting, Jan. 18, 2018