Town of Bennington Planning Commission MINUTES September 12, 2001 5:00 p.m. Town Office Building 205 South Street, Bennington, Vermont 05201 Members Present: Barry Horst - Chair, Bob Burgess - Clerk, Michael McDonough, Sharon Yorke, Mike Lochner Also Present: Dan Monks, Zoning Administrator, The meeting was called to order at 5:00 p.m. Minutes of August 8, 2001 Bob Burgess moved to approve the minutes as submitted. Sharon Yorke seconded the motion. The motion passed unanimously. Minutes of August 16, 2001 Bob Burgess moved to approve the minutes as submitted. Michael McDonough seconded the motion. The motion passed with all in favor except Michael Lochner who abstained. Zoning Bylaw Revision Project - The Planning Commission discussed how best to address the issues raised at the Public Forums. By consensus the Planning Commission agreed that the Zoning Administrator would prepare a list of the issues raised at the Public Forums to forward to Brian Shupe and for comment and review by the Planning Commission. The issue of how and/or whether to regulate so-called Big Box Retailers was discussed. The Planning Commission agreed, by consensus, to ask Brian Shupe to research the issue and prepare options for regulating such retailers for the Planning Commission to review. The Planning Commission then discussed how to proceed with the Zoning Bylaw Revision Project. The Planning Commission asked the Zoning Administrator to prepare a comprehensive report of the Planning Commission's actions/comments/concerns to date regarding Bylaw issues and proposed revisions. The Zoning Administrator was then asked to forward the report to Brian Shupe and coordinate a schedule with Brian Shupe for proceeding with the Bylaw Revision Project, in particular a date the Planning Commission could expect Brian Shupe to respond to the report with written proposals. Discussion Re: appropriate number of Planning Commission Members After much discussion regarding the pros and cons of expanding the membership, the Planning Commission agreed by consensus not to request an increase in the number of Planning Commission members for the time being. Appointment of Zoning Administrator The Planning Commission discussed a possible conflict between the State Statute and the Town Charter regarding whether the Planning Commission or the Town Manager has the authority to appoint the Zoning Administrator (see attached letter from Daniel W. Monks to the Secretary of State and the Secretary of State's response). After much discussion the Planning Commission unanimously approved a motion to reappoint Daniel W. Monks as Zoning Administrator for a term of three years to ensure compliance with State Statute. The Planning Commission made it clear that this was not an attempt to assert authority over the Town Manager's authority to hire and fire municipal employees. Appointment of Representative to Transportation Advisory Committee Mike Lochner made a motion to appoint Bob Burgess to the Transportation Advisory Committee. Mike McDonough seconded the motion. The motion passed unanimously. Other Business - The Planning Commission discussed a request by Bennington County Regional Commission to aid in the identification of areas susceptible to flood damage. The Planning Commission agreed by consensus that Bob Burgess would draft a letter to Stuart Hurd with a copy to Bennington County Regional Commission expressing the Planning Commissions concern regarding the lack of maintenance of the Roaring Branch River Channel. The Planning Commission discussed the possibility of creating a subcommittee to address Northside Drive issues. By consensus the Planning Commission agreed to discuss this issue at its next meeting. The meeting was adjourned. Respectfully submitted, Daniel W. Monks Zoning Administrator K:\Building & Zoning\Dan\Planning Commission\MINUTES\2001\09-12-01 Minutes.wpd