MINUTES OF THE NEWFANE SELECTBOARD
PUBLIC HEARING REGARDING SUBDIVISION REGULATIONS
OCTOBER 4, 2007
TOWN OFFICES - NEWFANE, VERMONT
PRESENT
Selectboard members: Dan Dewalt, Joe Mandell, Peter Rysz, Guy Wachtel
Also Present: Shannon Meckle, Administrative Assistant; Gunther Garbe,
Planning Commission; Piet van Loon; Myra Fassler; Walter Phelps; Charles
Bergmann; Robert Holden; John Spicer
The meeting was called to order at 8:50 p.m.
Bud Bergmann stated to the board that he strongly recommends not
adopting these bylaws because this is such an important document and
it should have more public involvement. There are flaws in the document,
and it could open the town up to problems. He did not feel that the
meetings had been adequately publicized.
Discussion ensued regarding the statutory requirements for holding
public hearings, and proper warning of these hearings. Both the Planning
Commission and the Selectboard followed these requirements. Meetings
were, however, poorly attended.
Piet van Loon recommended that these Subdivision Bylaws be adopted
and revisions can be done subsequently. The downside of that is that
there will have to be the same hearing process to amend them.
Ed Druke stated that the biggest concern is if there are conflicts
in it, and whether that would open the town up to lawsuits.
Gary Katz stated that he felt the hearings were very adequately warned,
but very poorly attended. The Planning Commission was more than willing
to hear questions and concerns. Windham Regional Commission was present
at these hearings for guidance. Gary recommended the board adopt them
so that there is a good basic bylaw to work with, so that the town
doesn’t end up losing out because they don’t have one
at all.
Piet van Loon stated that this bylaw qualifies the town for certain
programs that they will not otherwise be eligible for. The potential
for problems is very small. This process brings 10+ years of effort
to fruition, and the process has been followed by the law.
The sense of the board was that after adoption, the board would seriously
support more public input.
Bud Bergmann reiterated his position that he strongly recommended
that the board not adopt the bylaws.
Robert Holden stated that although he’s not as familiar with
the document or the process as others are, but it seems there is a
clear process for changing it later on. Submit the changes you want
to see. Reward hard work, and encourage public participation by adopting
the bylaw.
Gunther gave the background of developing the bylaw, and that it
would eventually become Chapter 10 of Newfane’s Zoning Bylaws.
Guy Wachtel made a motion to adopt the plan, adding that the sense
of the board is to encourage people to submit amendments. If the Selectboard
receives any, they will be happy to forward them to the Planning Commission.
Dan Dewalt seconded the motion. The motion passed unanimously.
Dan Dewalt made a motion to adjourn the hearing. Guy Wachtel seconded
the motion. The motion carried unanimously and the hearing was adjourned
at 9:30 p.m.
Respectfully submitted,
