001Okay. >> Yep. 7 o'clock. >> 7 o'clock. Yep. >> All right. 7 o'clock. We're going to call the July 14th, 2025 meeting of plan zoning to order. Start with a roll call on my right. >> There he is. All right. >> Charlene, >> oh Charlene Lavoy, >> sorry. >> Adam Guarolei present. >> Lord Plat >> Peter Marshian. >> John Cooney. There we go. >> Welcome. Good to see you. >> Is absent and excused and replaced with seat Charlene. >> Okay. >> John review. >> John has to be moved. >> No. Huh? >> Hey John. Agenda review. Anybody have anything >> on the agenda? No. Okay. >> I'll make one quick note that uh the agenda that went out had the commission members a little behind the times with Rissa's appointment, but that's been corrected going
002forward. >> Okay, cool. Public comment. Anybody have anything in the audience they want to talk about that's not on business tonight? No. Okay. So, we have a public hearing. We're going to start for PZ 25-12. Motion to start that. >> So move. >> Second. >> All in favor? >> I >> Okay. >> Started. >> Give you a recap. This is a a text amendment that you all reviewed over the last few meetings. Um there are changes to article 2 section 415-13 subsection 3 article 4 section 41543 um and the rearrangement of the subsections that follow that to keep the alphabetical order. Uh article 5 section 41554 and appendix A which is the use table. Um there's a number of items in here but a brief recap of what they are. Um, we are updating the
003definition for mobile and modular homes or actually it's mobile and manufactured homes so as not to include modular homes so that those do not require a special permit going forward. Uh, an update for or rather a new definition for helellipad which goes along with a new uh section of regulations that you all have reviewed uh and are to be looked at as part of this public hearing. um updates to the Highland Lake District fences and walls regulation to clarify uh primarily setbacks and some other clarify language in there. If you recall, there was a setback provision that required 9 ft on the sideyard for fences. We're clarifying that down to 2 feet. Um the new section regarding helellipads and then updates to the use table, those are primarily adding zone zoning permit uses as as
004are already laid out in the regulations elsewhere. uh adding helellipad as a special permit in a couple of locations. Um and uh fixing one oversight that we found which was contractor storage yards uh which got left off the the use table in the reorg that we all did uh as part of codification a few months ago. >> Anybody in the audience who want to comment on these? >> No. >> So that use for the contractor storage is is in what what district? What's the >> um it is definitely in the PI. I think it might be in the in the uh the town gateway as well and they were it was in the it was in the individual use tables in the own the old regulation that was listed in each section and it just
005didn't get copied over to the master use table. So, we just took it exactly like it was. There's no changes. It's just >> administrative >> fixing an administrative issue. Yep. And just clarify that's uh landscaper contractor yard is how it appears. >> Okay. Because of uh timelines, it's been recommended that we leave this public hearing open till our next meeting. So I'll make a motion to that effect to continue the public hearing till our next meeting. >> Second, >> which would be the favor 28. I >> Yeah, that'll be the 28th. >> Okay. Uh, so under old business, the public hearings continue, we have none. Under old business, PZ PZC 25-6, they've requested a extension till July 28th. Are they going to be able to make that? >> Well, we we'll find out whether or
006not they'll be here on the 28th. They still have plenty of time on their timeline. So, we can we can keep pushing it out for a little while. >> Okay. So, that's uh been uh extended now to new business PZC2-313. Applicant James Brandolini 2 272 per rock trail special permit application for events in Highland Lake District section 415-13.B.3 B.3. I think we all have that in our packages. >> Pictures. >> Hello. Good evening. Jim Lyn Brandolini. >> I think you have it. You've got a quick narrative uh as to uh the description of the work. You we gave you a few pictures, but I just want to point out a few things on the survey. Everything's clearly marked on the survey as to what >> is. >> So, we're really just accepting this tonight. Okay.
007>> We're not holding a public hearing till the next meeting. >> So, you don't want Okay. >> Yeah. >> I'll make a motion to accept application PCC 25-6 and schedule the public hearing for our next meeting, which is July 28th at 7 p.m. >> Second. discuss. >> That's the one you >> That's where I get to talk. >> That's where you get to talk. >> 28th, two weeks from tonight. >> Got it. >> And so we're going to use our current regulations >> to discuss this, right? >> Oh, you went to Gilbert, correct? >> Not pending regulations. >> Correct. Okay, >> that's correct. >> Okay. >> Um, could I could I ask for pictures of uh I know it says surrounding neighborhood. >> I I see pictures of the fence. Um, >> Adam, I have
008>> You have more than a lot of Okay. >> Okay. >> And my request, I ask to not include the whole >> Yeah, we have Where would you like to see? Seriously, I mean, what angle would you like to see from? I >> just curious how how the, you know, how the topography lays you know, are you blocking the view of your neighbors? >> Well, that's why I want to just take a look at the survey. Yeah. Okay. And if you'll notice that the on the uh in the driveway, look at the left side of the property. Okay, >> it's 883 feet. >> Okay, our backyard is 887 ft. >> So, and it's clearly marked on the survey. It's it's a nice wooded lot, which Jeff has went has come up. Jeff and Jeremy were
009nice enough to come up and take a look at it. Uh it's a nice wooded lot, but by our backyard sits four feet higher. than where the fence is down by the lake. >> Yeah. >> Okay. Which I think that does that answer your question? >> And I'm just curious uh my my considerations for the neighbors if this fence >> is on higher property land you know effectively you have a instead of a three foot high fence you might have a 7 foot high fence as your neighbor sees it. I don't know. >> Gotcha. >> But I was just curious if we could get like maybe a picture from those directions. >> No, I have look I went on my kayak the other day. I I mean >> so we'll get we'll get all those
010discussed what I would say discussed tonight because >> they should be discussed at the public hearing >> okay >> not this meeting >> okay >> so >> and and if you've got I would recommend individually maybe take a ride by >> and just get a visual from the street >> or if you want by contact is it unusual to say that you're welcome to come in you know if I'm there I'd be certainly happy enough to walk you around I mean if that >> uh would you put the application in somewhere down on the bottom probably in small print it said that you would allow commissioners on the property to inspect. So >> I've already Okay, no problem. >> All right. Make sure you got the >> Do you want these pictures tonight or would
011you prefer that? >> Yeah. Why don't we take Yeah, why don't we take them? >> We should have marked them up. >> Give it to them. >> We'll take it. We'll scan them. We'll send them to >> you. Why don't you let us mark them down for them so you're not guessing as to what angle? >> That's good. >> And then we can drop them off and you can have the original. >> Well, they'll become part of the record. So, we will super nice glossy pictures. >> Beautiful. >> Okay. So, >> we will see you the 28th. Correct. >> 28th to 7th. Okay. >> Okay. >> Thank you. Thank you. >> Um, do we finish the acceptance? >> Uh, I've got Peter as the motion. I didn't get the second. >> Yeah, I don't think
012there was a vote. >> Okay, we got a vote on it. >> I made the second. >> All in favor? >> I >> was this PCC25-6 or 136 >> tabled. Tabled. >> Tabled. >> It was continued to 728. >> Yeah. >> Okay. Thank you. >> Thank you. >> Right. >> It it's tabled. Administratively tabled by the chairman. Yeah. >> So, that did require a motion. >> No. >> Okay. Now, we're on to other business. Discussion of fees for third party app reviews. >> Yeah. So, um at Willy's request, um I put together a draft regulation for you all to take a look at. There is language uh that should be in your regulation that wasn't uh up that isn't currently um which allows the commission to bill essentially bill applicants for third party reviews as
013part of an application process. So, if you get a large project that comes in, they submit all of their documentation and let's say the commission wants a I don't know, a third-party traffic study done, um it would allow the the commission to require that the applicant pay for that study even though you choose the u the engineer that goes out and does that third party review. So, I've put some draft language in front of you. Jeff has taken a look at it. He's made a couple of suggestions. Um, under number three, the town planner or designate as assigned by the commission. Uh, and then same thing in number five, town planner or designate. And then at the very end in number eight, um, we would add to the end of that sentence uh, without prior
014consent and the demonstrated need for additional funds. So, you'll see those changes reflected in your next draft. I just got them tonight. We had a chance to talk, but >> number eight. >> Yep. The applicant shall not be responsible for cost incurred for technical assistance that exceeds the amount deposited. >> Right? Which ties back to a line up above it? >> Right. But are we going to be real accurate in our estimates? Do we have a baseline for that? So what we would do uh >> the basis of me wanting to do this is during the bar association training course this winter the the housing section the woman who taught the affordable housing said if you don't have it you need to put it in because we are limited what we can do with affordable
015housing and we are limited to how we can respond. So we need some some other entity to do most of the negotiations and >> and you look at what our budget is. We don't have a budget for anything. >> We don't have a budget and it's standard practice that those types of reviews get paid by the applicant. And so what we do and I think it's spelled out in here and we'll we'll review it again, but it should be spelled out. >> We as the staff would go out, we'd find that third party review. I mean I've got a number of firms around the state that I've worked with for various things. We'd find that firm, get an estimate from them. We'd send them their the plans and say, "Give us an estimate in, you
016know, to review >> to review." They'd send a formal estimate back and then we would put that in front of the applicant and say, "Here, maybe it's 2500 bucks." And this is saying you could deposit funds up to 150%. So 25 3200 roughly. And then anything beyond that uh they wouldn't be responsible for unless and this is Jeff's added language unless there's been a conversation that additional review was needed or whatever the case may be. So that they've already consented that it's going to cost more than that 150% of the >> unless it's found by the reviewing party that we need an additional consultant that may something. >> Right. Right. >> And this is common practice already with wetlands pretty much this whole procedure. So >> it's in wetlands the >> staff in wetlands >>
017yes >> regulations but it's not wasn't in ours >> yet we basically need a public >> the only thing we had was for u le procedures >> right >> that was in ours for le that was it >> right can you walk me through the timing at what point do you determine additional technical assistance is required before it comes to the board >> so it's in preview in your office >> it could be. I mean, we typically would need a motion from the commission to to to officially make that happen, but typically at the staff, you know, when we're reviewing it, we'll we usually have a pretty good handle on this stuff and we can say, yeah, the commission's going to want a third party review, but you want we want a motion from the
018commission requesting that and that sets it off. So, typically once the public hearing opens, either that first or second meeting, I mean, it depends on the size of the application. Um, but >> so that's accepting. Yeah, you accept it and then open the hearing and that's when you would typically have that motion to to require that third party review. >> And does that ever conflict from our experience that ever conflict with any any time limits we have on keeping the public hearing open or keeping >> I haven't run personally I haven't run into that because you can get that 65day extension. >> So if you need to, you can push that hearing out to 100 days if you had to. And most of the reviewers that we've worked or that I've worked with certainly, you
019know, they understand the timeline, the time limit aspect of it. So they'll they'll usually turn it around within two to three weeks. >> Well, basically anything with a special permit that would be included into this, too. I mean, it's the title says special applications, right? Site plans >> because we've run into instances where something was run by us by a site plan many years ago that >> Yeah, >> we should have had no way. Anyways, we'll leave that alone. >> And then I I guess also is, you know, as it arises that we need technical assistance as opposed to right up front. Do do we always know right up front where we need for assistance >> or can we can we as you >> Well, I think we would make a recommendation, but also when
020you receive the application, uh, you know, if anyone feels strongly enough about it, you you can raise it then and the rest of the commission agrees it could happen. So, I don't think we we wouldn't want to go too far down the road and, you know, have the third night of public hearing and then all of a sudden say it, that's might be bad for him, but >> Oh, yeah. Yeah. >> But if we got into a disagreement with the engineer, >> Sure. Anything's possible. >> Yes. Yep. >> Yep. Or, you know, sometimes it comes from public comments. Some member of the public who lives near the project says, "Well, you know, we've got this drainage issue out there, and the drainage report submitted by the the applicants engineer says one thing, and you want
021a you want a third party to look at >> like that traffic, Yeah, things like that. >> Sometimes it's geotech reports, you know, it could be a could be any number of things. >> I'll make a motion to uh for public hearing for zoning change or addition to our zoning regulations for fees for third party application reviews on 728. >> I'm going to before we get further >> or you want to put it out further? >> I want to push it out farther because technically it affects the whole town. So, I need to refer it to the COG and to our neighboring municipalities. So, let's go with the second meeting in August, whatever that date is. Um, >> tonight, >> no, second meeting. >> Second meeting because I want to go a full month out.
022Um, >> you're talking the 25th then? >> Yeah. 25. Yeah. Y >> August 25th. >> Second. vote on that. >> Okay. Second on uh we vote on it. All in favor? >> I unanimous. >> You got to crank it up. >> I'll eat Solomon right away. Can I take you down to the other town that I work in and have you show them how it works? >> We want to give them blessings. >> All right. So, now we have approval of the June 23rd, 2025 minutes. >> I'll make a motion to approve the minutes of June 23, 2025 regular meeting minutes. >> I'll second. >> All in favor? >> Three of us >> abstain. The other two are abstained. They weren't here. Yeah, >> two abstains and three in favor >> and any communication report.
023>> Okay. Motion to adjurnn. >> No. >> Huh? >> No. >> It's Come on. >> Look what time it is. Huh? >> You broke my You broke my marker. >> I have one one question. >> Enforcement. >> Yes. We gonna get an enforcement report. You know, I got used to that. >> Okay. Uh >> oh. It's like darn. >> Uh I can't promise it'll be for the next meeting. >> No, no, no. Something >> Yeah. Yeah. Yeah. >> I It's one of my favorite things to >> see what's going on and go around and look at it topic. >> Yeah. Well, I sent you an email, too, so I know. I saw >> Oh, you saw, right? Okay. >> All right. I'll make a motion to adjurnn, though. >> Second. >> All in favor? We're
024done. >> We're done. Unanimous. >> Good to see you. Huh? >> I know. We haven't gone after 9:00 in quite a while. >> Believe me. >> Right. Since you've been gone and since they moved this around, everything got more efficient. Who knows why? >> 9:00. >> Enough for you? >> Okay. >> 20 minutes. Not bad. Shut these off.