Public input was a main theme of a long meeting of few agenda items Tuesday night.
The public is called upon for input to the police and fire facilities question once again. The public is invited to weigh in on upcoming budget discussions. And the public had some feedback at the meeting regarding Brattleboro’s new land use regulations.
The board also heard a monthly finance report and approved of some EPA brownfield grant related matters. Read on for all the details.
Preliminaries
Chair David Gartenstein told the board that the downtown sidewalk project was virtually complete, and thanked everyone for their patience through the disruptions. The new sidewalks, he said, were a real improvement and should last for 100 years. He especially thanked the Department of Public Works.
Town Manager Peter Elwell had no preliminary remarks.
For selectboard comments and committee reports, Kate O’Connor read a statement proclaiming November 28, 2015 as “Small Business Saturday,” and urged everyone to support small businesses on that day and throughout the year.
There was no preliminary public participation.
Monthly Finance Report with John O’Connor
Finance Director John O’Connor gave the board the monthly financial report for September, covering the four major town funds he oversees.
25% of the fiscal year is complete, and the General Fund expenditures are at 24.4% of the annual budget.
The Utilities Fund expenditures are at 23.8% and the Parking Fund at 19.4% of their annual budgets. The utilities is a bit high, due to costs associated with sludge removal.
“All three funds are doing well,” he noted.
The Solid Waste Disposal Fund revenues are at 24.3% and expenditures are at 21.3% of their annual budgets. Recall that the previous month’s bag revenue, curbside collection costs and tipping fees get recorded a month later. September’s numbers get recorded in October.
The loan report shows just under $4 million in funds loaned out by the town, and about $292,000 available to loan out.
There are 39 active grants and 6 in the grant pipeline.
David Gartenstein reminded all that the selectboard would be having public budget discussions of revenue and expenses starting at their November 10 meeting. He said a real effort has been made this year to have them televised and during regular meeting hours so the public could be involved.
“Let us know what you think. Public input is very important.”
Police – Fire Facilities Project Option Agreement and Public Meetings
The Brattleboro Selectboard is still waiting to finalize terms of contract to have an option to buy the Reformer building on Black Mountain Road, but they have scheduled a series of public meetings to discuss the project and current options.
The contract was expected to be ready for discussion, but lawyers are still conferring over details and waiting for parties to sign off.
Meeting will be held:
Saturday November 21 9:00 a.m. at Green Street School or Gibson-Aiken, TBD.
Monday November 30 6:00 p.m. at Academy school.
Wednesday December 2 6:00 p.m. Brattleboro Area Middle School.
The meetings will allow the public a chance to ask questions of Selectboard members, town staff, the architect and the property owner’s representative. The full range of options will be up for discussion and the goal will be to collect as much public input as possible before making an official decision on a project path to propose.
The November 30 meeting will be recorded and televised.
John Allen insisted people attend. “You have to go to at least one meeting. We have to get input from as many people as possible.,” he said. “We have three meetings, you should be able to make one.”
Louise Zak said she was a new resident, unaware of what has come in years past. She felt it would be helpful to see an executive summary of the four options, the costs, and the impact on tax rates. “People should have the information up front.” She warned them that not everyone goes to meetings.
The town will look into a possible mailing to all households regarding the upcoming meetings.
Brownfield Grant Engineering Services Contracts
Brattleboro will be entering into a few contracts with engineering firms that have been pre-approved to assist the Planning Services department with work associated with a recently-received EPA brownfield grant. Firms are being pre-approved and contracted with in order to be called upon at short notice throughout the project, depending on the firm’s expertise.
Three firms have been included: Terracon Consultants Inc.; Sanborn Head and Associates, Inc.; and, LE Environmental LLC. Planning Director Rod Francis said that they were chosen for their knowledge of local geology, as well as because they each have offices in the region, are well-known to the state, and came highly recommended.
The $400,000 grant allows the town to assist area brownfield sites by providing site assessments and planning, with a long term goal of safer, cleaned up properties. The grant pays for these engineering services.
The board approved the contracts and also gave approval for the Town Manager to execute project-related tasks that might be over $10,000. Phase II work, for example, looks at the type and extent of contamination at a location and suggests a corrective plan, which can be in the $20-40,000 range, said Francis. The pre-approval process streamlines the timeline for the work, and the town manager pledges to report on all activity to the selectboard.
Proposed Zoning Code/Land Use Regulation Amendments Public Hearing
The 18 month project of the Planning Services department to rewrite Brattleboro’s land use regulations is nearing completion, with the Brattleboro Selectboard holding the first of two public hearings Tuesday night.
Planning Services Director Rod Francis was joined by Planner Sue Fillion and consultant Brandy Saxton to review the proposed changes and take comments and questions.
Francis said this was the first major rewrite since the 1980’s, and that the work is based on the previous work to adopt a new town plan for Brattleboro.
All three took time to point out the numerous opportunities for public participation in the process. The new rules have been discussed in varying forms over the last year in a series of meetings and open houses before the public, the Selectboard, Planning Commission and Development Review Board. Drafts have been reviewed, comments have been taken, changes have been applied, and new drafts written.
Fillion said all public comments had been compiled, and the decisions taken have been noted.
What’s different? The new rules are contained in a single document of zoning and subdivision regulations, and are consistant with the Town Plan. Francis said this responds to community expectations on matters of smart growth, sustainability, and preservation of historical, industrial, and rural aspects of Brattleboro. The quality of development will be increased, he said.
This new document describes new zoning districts for Brattleboro as well as adjustments to district boundaries.
The new districts generally allow for more uses, but also have more specific design, engineering and technical standards to meet. New design standards for non-residential structures, for example, relate to the form of the building, building frontage, and rules for parking lots.
Fillion said there were some changes to the review process as well as greater environmental protections in the new rules.
This new document, like its companion Town Plan, is graphically designed to be accessible and readable. The land use regulations are now accompanied by illustrations and graphics highlighting key concepts and possibilities.
Brattleboro’s Planned Use Development (PUD) system, too, will be replaced with a system of templates, again in an effort to streamline development projects.
The public at the public hearing had concerns.
Cassandra Holloway of BAPC expressed concerns over regulations for signage in windows, with a concern that tobacco ad space could increase. Francis explained that content of signs was not something they could control, but that the total area for signs was what they aimed to limit to 25% of available window space. This resulted in a spirited discussion of what qualified as a window, compared to glass, and how things were defined.
Holloway then had a child read a letter written to the board. The child began by explaining that the letter had been written by Holloway, but read it anyway. Holloway admitted writing the child’s letter, but promised that actual letters from actual children would be forthcoming.
Eli Gould had concerns about forest products, and not limiting his rural residential businesses that rely on them. He noted that Brattleboro has the largest kiln drying operation this side of the Mississippi, and hoped the new rules wouldn’t hamper forest-based work. Francis said the new rules were an effort to protect those things.
Dennis Smith questioned how much the public knows about the new regulations being proposed, and listed a number of general concerns, for instance, that the new rules would make new development prohibitive, expensive, and out of the ability of ordinary people. He thought projects would require the use of a lawyer, adding to the cost involved.
“It’s death by 1,000 cuts,” he said in response to John Allen’s request for something specific that irked him. He said things get more difficult every year.
James Valente, Chair of the Development Review Board, said he hoped the new rules would lead to better proposals and more fairness in DRB decisions.
Smith said that years ago it was all a game of timing, and of who was on the commission. “Personalities mattered as to whether something was approved,” he said. He felt the new rules were cumbersome and that “we’re getting too big for our britches.”
Mike Lacroix agreed. He said that he’s added over $8 million to the grand list but under the new rules those projects couldn’t happen. He worried that “downzoning” properties by changing their underlying zoning could have a negative impact on tax generation, and cautioned against unintended consequences.
Saxton said she understood the perceptions. The new rules were more specific than before, but that means there should be fewer surprises for those with projects. “Developing has gotten more complicated,” she agreed, noting state and federal rules. She reiterated that one major goal was consistency.
The reactions of the Putney Road businessmen caused a pause for John Allen. “I don’t want to be the board that has made it more difficult to start a business in town. We want to get rid of that perception.”
Gartenstein asked for the public to offer up specific examples of changes they would like to see, saying that more general statements of difficulty or expense were too broad to respond to.
David Schoales said that he heard specifics. “Today we heard about forest products, time for permits, tax rate impact. That’s all specific. We hadn’t been hearing that.”
Donna Macomber compared the process to a graduate course, and said she was impressed with the work that had been done.
Kate O’Connor agreed that specific specifics would be helpful. “Help us be specific.”
Questions about new deadlines and timelines were explained. Almost all of the schedules and timelines are set by state statute, but Brattleboro aims to work as quickly as possible and not right up to those deadlines.
Jon Julian, of Top of the Hill Grill, expressed concern that theoretical new owners wouldn’t be able to do the same business nor have the same parking. Saxton said that zoning comes into play if there is a change of use, not ownership. Francis saw nothing that would prevent the BBQ business from continuing.
Smith said he wanted to add an elevator to the Dept of Corrections building, but the new zoning would require him to lose 30 parking spaces. Francis said that while it was a major expense, it wasn’t a major change of use and no parking was threatened.
Planning Commission Chair Elizabeth McLoughlin said that the comments tonight were similar to what has happened all along. Concerns are discussed and worked out, she said, and frequently there is a simple misunderstanding behind the concerns and fears.
Francis ended the discussion with news that the two sections of the regulations sent out for outside review had been successfully reviewed.
The next public hearing will be on November 10, with a vote to follow.
Other
Gartenstein was heard to say ‘Go Mets!” before the night was over.
Remember the fire at the VY Media Office on Old Ferry Road in 2011? The Brattleboro Police recently acted on a tip and arrested a 32 year old male from Montpelier, charging him with arson.
