TUESDAY, FEBRUARY 19, 2008 AT 7:00 P. M.



PRESENT:  Richard Gadbois, David Lucey, Bill Mayo, John Giroux, Doug Clark and Jamie Boudreau

VISITORS:  Sara and Justin Rainville, Franklin, Vermont 05457

     Dick called the meeting to order at 7:05 p.m.


RIGHT OF WAY:  Sara and Justin Rainville appeared before the Commission tonight to request a right of way from their current driveway through an 8.94 acre parcel of land which they hope to subdivide at a later date.   The map of their property and the proposed subdivision was reviewed by the Commission and Sara and Justin responded to questions from members.  Sara and Justin pointed out that their present home sits on 2 ˝ acres and the additional 8.94 acres is deeded separately, but for tax purposes the town has considered them one parcel even though they have separate deeds.  Dick pointed out that our zoning/subdivision regulations defines “land in common ownership shall constitute a lot even if acquired by separate deeds or conveyances.”  The Commission questioned Justin and Sara on their plans and they advised that they intend to sell the house and the 2 ˝ acres it sits on and then subdivide the remaining parcel of land.  They will build on the 6.61 acre parcel and plan to sell the 2.33 acre parcel.  Dick explained that what they propose has to be considered a three lot subdivision.  He noted that it will be necessary to comply with the Subdivision Regulations beginning with Section 300.  Justin questioned whether they would have to obtain Act 250 approval and he was told they would not because it is only a three lot subdivision.  Justin also advised that each lot has been perc tested for a primary and alternate septic site and for a well.  Doug Clark noted that an alternate septic site is no longer required.  Dick pointed out that with the map before the Commission tonight, they have already provided a lot of the information required and it should be simple for them to get their engineer to provide the remaining information required for the subdivision.  It was also noted that they are a limited number of abutting landowners.   Discussion was held on the best way for the Rainvilles to proceed.  It was noted that the Commission can review and decide on their request for a right of way tonight and they can subdivide their property at a later date or they can follow the subdivision regulations and subdivide at this time.  Justin asked for a time frame if they decide to subdivide at this time and he was told that since it is a simple subdivision they could do the sketch plan and public hearing at the same time.  It was felt the whole process could be completed in six months or less.  Doug pointed out that once the property is subdivided, it will be taxed as building lots whether or not the lots are sold.  The Rainville’s decided they would proceed with the right of way approval and subdivide at a later date.  They understood that they must at some point go through the subdivision procedure. 

     Motion made by David/Jamie based upon the sketch plan presented to approve the right of way from the driveway of their current home through the 8.94 acre parcel owned by the Rainvilles.  Dick asked if there were any further questions or discussion and there was none.  All members voted in favor/right of way approved.

     Dick requested that the Rainvilles have their engineer do a mylar map of the approved right of way which he will then sign on behalf of the Commission.

      The Commission thanked the Rainvilles and they exited the meeting.


     Dick informed that the next item on the agenda is approval of the January 15, 2008 minutes.  Motion by Jamie/David to approve.  Dick asked for any discussion or changes and there was none.  All members voted in favor/motion passed.  Minutes approved as presented.


     Dick advised we are in receipt of a letter dated January 23, 2008, from the State of Vermont to James Cameron regarding additional information on their attempt to convert two camps from seasonal to year round dwellings.  Someone noted that the ZBA denied their request and the Cameron’s have appealed that decision.


     Bill stated that we probably will be faced with more requests for subdivisions in the future especially in the village and expressed his concern that the Commission be consistent in its decisions.   John pointed out that there is a difference in how a major or a minor subdivision is handled.  Bill agreed, but pointed out that roads, driveways, etc., need to be sufficient to allow access by emergency vehicles.  It was also noted that it is not likely there will be any major subdivisions within the village as the land is just not available.  It was also noted that much of the land around the village is very wet and may never be developed.  Doug noted that it is conceivable that with modern technology even very wet land may be developed at some point in the future.  Dick noted that we have followed subdivision regulations and will continue to do so. 

     Discussion was held on curb cuts and whether or not the State would have any say in adding additional houses off one curb cut.  Dick stated he would certainly expect that anyone doing so would at least have a discussion with the State about it. 

     Discussion was also held on the new green road technology.  Dick noted it was discussed at a seminar they recently attended in St. Albans.   They are dirt roads, but not dirt roads “like your grandparents had”.  They are more substantial and do not break down.  They are an attempt to get away from oil based paved roads.


     Discussion was held on the Zoning/Subdivision Ordinance.  It was decided it would be worked on during the March, April and May meetings and, hopefully, be completed by May.  It was noted we have already gone over a lot of the materials.  Dick asked that members review at the very least the first ten pages and be prepared to recommend/discuss any changes. 

     Jamie provided Dick with materials given to him by Peter Kittell which contains some suggestions for inclusion in the revised ordinance.

     Motion by David/Jamie to adjourn.  All members voted in favor.  Meeting adjourned at 8:05 p.m.

                                                            Respectfully submitted,


February 19, 2008                                      Barbara M. Varin

NOTE:  These minutes are not official until approved by the Planning Commission at their next regular meeting which is presently scheduled for March 18, 2008.   Note:  These minutes were approved by the Planning Commission at their March 18, 2008 meeting.

Home | Back