Relaxing the Fairfax zoning regulations

[dgardell]

The existing Fairfax zoning regulations have some sensible regulations that have the effect of limiting further development on some properties. Newly created lots in a subdivision must have a minimum size, set backs and road frontage. Right of ways can be used to access pre-existing lots that do not have frontage.  Access to more then one new lot must be by a road.

The proposed new regulations will eliminate most of these protections and result in more sprawl and less open space in the town. The requirement for lot frontage is eliminated and up to 3 new lots can be accessed by a single right of way driveway. PUDs can be approved by the DRB that allow houses to be built right up to the property lines even in rural and conservation districts.  The DRB can also deny applications based on what seems to be subjective criteria.

I coud not find a copy of the draft regulations on line but they are available from the zoning administrator. I do not know if any future public discussions on the draft are planned. The zoning administrator is accepting comments on the draft regulations up until Friday Aug 6 2010.

[Mark Hunziker]

The issues of limiting sprawl and preserving open space remain major concerns for the town (as expressed in the Annual Report), and therefore for the Planning Commission. When writing regulations, the challenge is how to best accomplish what the residents want accomplished –in a way that is clear, enforceable, effective, and respectful of individuals’ rights. Dgardell is correct that a few specific controls have been “relaxed” or eliminated. The reasons: the old requirements had proved ineffective in accomplishing the purpose intended; or we found a more fair and/or enforceable way; or the state has asserted regulatory jurisdiction on something, so the Town regulations are no longer applicable or needed. In every case where useful requirements have been removed or relaxed, other requirements have been added or tightened that address the same intended purposes more effectively and fairly.

One of the goals of this round of revisions has been to respond to the Design Review Board’s desire to have even clearer, more concrete and specific regulations to follow than in the past. Though it is true that there is some case-by-case judgment needed in interpreting and applying any regulations (which is why we need to have a panel of human beings to do so); this revision of the regulations leaves considerably less room for subjective interpretation than ever before.

This posting was brought to my attention; and I felt I needed to respond. I’m afraid, however, that I just don’t have the time to follow this forum regularly; so I apologize if I am unable to check in again to continue with the conversation. There will, however, be more warned public hearings where anyone can talk about the proposed changes.

Mark Hunziker, Planning Commissioner

[dgardell]

Mark,
Thanks for your reply I can appreciate the complexity of writing the development regulations and I am glad to hear one goal is to make the  rules less open to interpretation. I also agree that in some cases the existing regulations were ineffective. I think this could be resolved by just clarifying a few of the definitions instead of removing the regulations. Removing the requirements for frontage and allowing 3 houses per driveway will allow development (sprawl) in a lot of places in town where it is not possible or practical now. I have not been able to find anything in the draft regulations that would provide the same level of protection to these existing open  spaces.
I feel the new regulations should not limit what anyone is currently able to do with their property but I see no reason why the existing regulations should be relaxed.   

[Mummy]

Best kept secret in Fairfax! 

I did not know about this revision, Thank You for bring this to the publics attention.
Just now wondering - would these changes have anything to do with "individuals" whom have vested interest in "relaxing" these current Zoning Regulations? 

Makes one wonder ...  connect them dots!  Who is on the Zoning Board and what's there business?                         

[Judi]

Best kept secret in Fairfax! 

I did not know about this revision, Thank You for bring this to the publics attention.
Just now wondering - would these changes have anything to do with "individuals" whom have vested interest in "relaxing" these current Zoning Regulations? 

Makes one wonder ...  connect them dots!  Who is on the Zoning Board and what's there business?                         

Every Planning Commission meeting minutes can be found in Henry's home page for every and any interested party to read.  Please note that there was also a public forum in June 09.  Nothing secret and certainly no political agenda for any one persons benefit.

[dgardell]

I had heard there was a recent public forum but that it was poorly attended. I know I never saw it advertised anywhere. Hopefully we will hear about the next one before it happens.

[Mummy]

Sumer is the worst time to hold a meeting and especially at the end of the school year, sports and vacations.  Guess the meetings were not well attended. 

[HayesFXFD17]

I am glad this topic was started.  As the Deputy Chief this is the first time I have heard of some of the "proposed" changes.  The topic of drivways vs roads is very near and dear to Cihief Potter and I.  In 2007 when the new regulations for Appendix D were drafted Chief Potter and I were very involved in ensuring certain requirments were defined, met and obtained during the process in regards to construction and improvment of roads and driveways.  The proper construction and year round maintenance of driveways and roads can truely impact the outcome of emergency situations both fire and ems related. 

As we left the conversations in 2007 the following definitions were outlined:

Driveway: A travel way that provides overland access for persons and motor vehicles to one lot or unit.

Road: A travel way that provides overland access for persons and motor vehicles to two or more lots or units.  If a proposed subdivision uses an existing driveway to provide access to additional lots or units that driveway must be upgraded to road standards as defined in section 104.

The road standards obdopted are the VT AOT A76 and B71 standards.

Driveways will be required to have a travel portion at least 16"  Wide and have a shoulder at least 2 feet will be constructed on each side.  The travel portion shall be constructed in such a manner and of such materials as to reasonably assure safe year round access by emergency vehicles. All new driveways in excess of 200’ shall have a 35’ by 35’ hammerhead no further than 200’ and no closer than 50’ from the residence of that driveway.  All new driveways in excess of 800’ require a passing lane every 800’.

I can assure that any changes to the above without consultation would be viewed as unfavorable. 

As far a the best kept secret in Fairfax, well………..I do agree to an extent since again the first time hearing this is in this forum.  I understand the minutes are posted but they are about as vague as vague can be.  It is very difficult to keep pace by viewing the minutes.  However, discussions that potentially have major impact on public safety, and safe firefighter, emt, or apparatus access need to be brought to the immediate attention for emergency services in a proactive way and not be a last minute venture. 

Justin Hayes
Deputy Fire Chief

[cestreet]

FYI:  Both the DRB and Planning Commission are made up of citizens who submitted a letter of interest to the Select Board of the town and were appointed to the position.  ANYONE can submit such a letter when there is a vacancy on either board.  The Select Board screens people to prevent blatant conflicts of interest (eg, developers on the DRB might be considered a conflict, etc.). 

If you are truly interested in/concerned about the future of your town, it is your responsibility to keep yourself informed and take advantage of publicly available information.  In my opinion it is no hardship to have to seek that information rather than expecting it to be shouted from the rooftops or printed in bold headlines begging for your attention.  And, if you are REALLY interested, get involved.  Go to the meetings, hearings, etc.  Learn the process. Submit a letter of interest to become part of the process.  Do something.

Clarice Streets

[cedarman]

Most people don't care about the regulations until it impacts them individually.  I've read the previous zoning regulations and flagged details of interest. I would like to be able to do the same.
Clarice - where is the draft available?  If the answer is  "in hard copy at the town office between the hours of 8 am-4 pm", that would seem to me to be a way to discourage people from reviewing the regulations since MOST people work out of town and are out of fairfax from 7-5 or more.

As for "relaxed" regulations.  That is NOT the Vermont way, or the way of existing goverment in general.  Once regulations go into effect, it takes heroic efforts to get anything "relaxed".  Everyone has (or claims to have) an interest in your property and therefore can tell you what you can do with it.  Before long, we'll reach the rediculous standards of home owners associations who tell you what color to paint your mailbox, and what color your window shades have to be.

[mkr]

FYI - To Encourage those who need to access the Fairfax Town Office you may call with questions to 802-849-6111.

                  Hours are:
                     Monday-Friday 9am-4pm and
                     ALSO Monday evenings 6pm-8pm. 

[YouAnnMos]

If you are truly interested in/concerned about the future of your town, it is your responsibility to keep yourself informed and take advantage of publicly available information.  In my opinion it is no hardship to have to seek that information rather than expecting it to be shouted from the rooftops or printed in bold headlines begging for your attention.

Could someone please direct me to the publicly available information.  Computer literate I am NOT and I can't seem to find this data.  If I go to the home section of this forum I see a link for the Fairfax Town Planning & Zoning WEB site. Clicking on this link http://www.nrpcvt.com/fairfax.html however gets me to a page that last seems to have been updated last in 2008.   There is another link on this page titled Fairfax Zoning Bylaw & Subdivision Regulation Revisions but that page also seems to have been last updated in 2008.  When I try to view the minutes of past meetings http://www.vtgrandpa.com/fxtown/past-pcminutes-index.html I only see minutes up to and including June, 8th of this year.  The minutes are not listed for the remainder of June or all of July. 

I am only using links available directly or indirectly from this forum ( did I mention that I am not computer literate ? ) so if anyone has a link to an official town WEB site where more current information can be obtained I would be much obliged. 

[dgardell]

You have found everything that I have been able to find on the web. I was able to get a complete copy of the draft regulations  dated June 2020 V1 at the zoning office (83 pages). I have heard that there is also a shorter summary of changes document but have not seen it.
I have not had a chance to talk to the zoning administrator but was told he is accepting written comments until this Friday and that there will be future public forums.
If anyone else knows of any other info on the web please let us know.

[dgardell]

Just wanted to post an update. I did send in my comments on the 1st draft zoning regulations and got a note back from the zoning administrator. Apparently they are not interested in comments from the public at this time. Here is the text of the note.

I've received your comments.  They will go in a folder for the future time when the public is asked to comment.  Right now the Planning Commission is still working on getting a draft prepared for the first public hearing, which is not yet scheduled.  The PC has been working on this for well over a year and the new document is being re-structured with ease of use in mind.  It is also being re-done to bring it into conformance with changing state regulations and with the Fairfax Town Plan which was adopted in 2008.  The Town Plan is rewritten every 5 years and in 2008 the rewrite was done partially in response to the input garnered from 288 residents who responded to the Town Survey (over 1500 were mailed out).
The adoption process includes at least three public hearings; one by the PC, followed by at least two by the Selectboard.  We are still some time away from scheduling the first.  The draft you received was a working draft designed to solicit input from various town departments, and that work is not yet complete.