GENERAL MINUTES
Members Present: J.
Heyer, B. Murphy, C. Rainville
Public Present: S.
Taylor, ZA
7:30 PM J. Heyer called the meeting to order after returning from a site visit. The minutes from August 15, 2007 were reviewed. B. Murphy made a motion to accept the general minutes from August 15, 2007 as written. C. Rainville second. All in favor. B. Murphy made a motion to accept the minutes from the ORB, LLC hearing on August 15, 2007 with alterations. C. Rainville second. All in favor. Lucien Hayes arrived.
7:45 PM LABRIE – SITE PLAN/CONDITIONAL USE
8:30 PM The paper map for Richard Wimble was reviewed. Easements were discussed. J. Heyer,
C. Rainville and L. Hayes agreed to approve the paper map for the Wimble project. The Mylar for the Sullivan Estate project was reviewed. The easements were now showing on the Plat. L. Hayes made a motion to approve the Sullivan Estate Mylar. C. Rainville second. J. Heyer, C. Rainville and L. Hayes in favor.
B. Murphy made a motion to adjourn. C. Rainville second. All in favor.
Respectfully Submitted,
Cathy Raymond, Planning and Zoning Assistant
Approved: ________________________________ Date:
_________________2007
For the Development Review Board
These minutes are
unofficial until approved at the next regularly scheduled meeting.
All motions were
unanimously approved unless otherwise indicated.
MARK LABRIE – SITE
PLAN/CONDITIONAL USE REVIEW
DRB Roll Call: J.
Heyer, B. Murphy, C. Rainville
Alternate Present: L. Hayes
Public Present: S.
Taylor, ZA; B. Bosland; R. DeVine; J. Cleary; A. Stevens; R. Burnham, W. Omerod; M.
St.Louis; M. Labrie
7:45 PM J. Heyer called the hearing to order. The public notice was read and attendees signed in. Interested parties were sworn in. M. Labrie made the presentation. J. Heyer asked if the house and garage were already on the property. They are. M. Labrie stated he was trying to help his brother get started in the automobile repair business. A State Permit to buy cars at auction requires a garage of a specific size, which M. Labrie does have. The business would fix minor damage and do small mechanical jobs. They want a small business, with maybe 10-12 cars per year. They need the State Permit to buy lightly damaged cars at auction – no wrecks. B. Murphy asked about selling cars on the property. Mr. Labrie, said they may put a few advertisements in the paper, but his garage was not in a good location to display cars to be sold, so they would probably be sold elsewhere. B. Murphy also asked about containers for oil or a place to put dirty parts while they were being worked on. M. Labrie stated he has a lift and equipment already. B. Murphy also asked about storing gasoline. There may be a five gallon container.
B. Murphy asked if lot 7 has a house on it. It will have a duplex built in the future. B. Murphy asked about Fassette Road. It is a private road. She said adding the business, will increase the number of uses, and the driveway would need to be upgraded to a road with A76 Standards, from Shepardson Hollow Road to the proposed hammer head.
C. Rainville was concerned that if the Board approves the project as a Major Motor Vehicle Repair, it could generate more work in the future. J. Heyer asked about the well protection area for the town water. Both the house and the garage are in the well protection area. Three Selectboard members were present: J. Cleary, R. DeVine, and B. Omerod. The Selectboard was very concerned about contamination of the Town’s water source. All three members spoke. The well located on Wheezys Way Road is the only water source for approximately 250 people in town. Each car that the garage works on, could add a multiple factor for chance of contamination. The Town garage and the Lumber Company, were both pre-existing before the Town well was utilized. The Source Protection Plan was reviewed, maps were looked at; water flows and well tests were discussed. Two letters were read and admitted as exhibits:
a) A letter to Mark and Bonnie Labrie, dated March 8, 2002 signed by M. Rathbun, ZA, regarding Land
Use and Potential Sources of Contamination, along with a copy of the letter and hand written
responses by the applicant.
b) A letter from the Town of Fairfax Utility Department, signed by R. DeVine, dated Feb 2, 2006,
regarding potential sources of contamination and groundwater protection habits.
The second letter stated “no home auto repair or equipment businesses”. B. Murphy asked R. Devine if there is follow up for well protection. It is not policed as it should be. There was discussion on the Town Garage. M. Labrie stated his own well is the closest water source to his garage. He works on personal vehicles now, and not much will change.
Page 1 of 2
B. Bosland had many comments and concerns: Possible expansion of business if approved as Major Motor Vehicle Repair; upgrade of road and how trees would be effected; storage of extra cars; transfer of business if not successful; working evenings and/or weekends; extra cars for parts; and commercial use in neighborhood. A. Stevens was concerned about increased traffic on the road. J. Heyer asked how the cars will be delivered - probably on a flatbed truck. B. Murphy wondered if the State does any kind of inspection, with the conditions and regulations as part of the licensing process. R. DeVine asked if the garage would be allowed to do State Inspections on other cars. M. Labrie did not think so. The Development Review Board does have the right to add conditions to limit the scope of the business, including hours of operations and number of cars, if they
approve the project. Mr. Labrie wants a small business, with little impact to the neighborhood. B. Murphy made a motion to close the hearing to public input and move to deliberative. C. Rainville second. All in favor.
Exhibits
Received:
1. Sketch Plan Preview and Checklists by Zoning Administrator.
2. A letter dated March 8, 2002 signed by M. Rathbun, ZA, regarding Land Use and potential Sources
of Contamination - along with a copy of the letter and hand written responses by the applicant.
3. A letter from the Town of Fairfax Utility Department, signed by R. DeVine, dated Feb 2, 2006,
regarding potential sources of contamination and groundwater protection habits.
Resources Referenced:
1. Source Protection Plan for the Fairfax Water System. (A copy can be obtained in the Zoning Office)
Respectfully Submitted,
Cathy Raymond, Zoning and Planning Assistant
Approved: ________________________________ Date:
_________________2007
For the Development Review Board
These minutes are
unofficial until approved at the next regularly scheduled meeting.
All motions were
unanimously approved unless otherwise indicated.
Page 2 of 2