Back to Article 4: Citizens Petition Amendment #4

Citizen’s Petition #4: To Amend the current zoning of the following parcels from Rural to Residential A:

1. 24-F-165 (41 Heritage Hill Road)

2. 24-F-164 (44 Heritage Hill Road)

3. 24-F-166 (43 Heritage Hill Road)

4. 24-F-163 (48 Heritage Hill Road)

5. 24-F-162 (50 Heritage Hill Road)

6. 24-F-167 (45 Heritage Hill Road)

7. 24-F-161 (52 Heritage Hill Road)

8. 24-F-168 (47 Heritage Hill Road)

9. 24-F-160 (54 Heritage Hill Road)

10. 24-F-170 (51 Heritage Hill Road)

11. 24-F-159 (56 Heritage Hill Road)

12. 24-F-158 (58 Heritage Hill Road)

13. 24-F-150 (62 Heritage Hill Road)

14. 24-F-188 (57 Heritage Hill Road)

15. 24-F-208 (64 Heritage Hill Road)

16. 24-F-207 (66 Heritage Hill Road)

17. 24-F-190 (61 Heritage Hill Road)

18. 24-F-191 (63 Heritage Hill Road)

19. 24-F-192 (65 Heritage Hill Road)

20. 24-F-193 (67 Heritage Hill Road)

21. 24-F-203 (74 Heritage Hill Road)

22. 24-F-194 (71 Heritage Hill Road)

23. 24-F-202 (76 Heritage Hill Road)

24. 24-F-195 (73 Heritage Hill Road)

25. 24-F-196 (75 Heritage Hill Road)

26. 24-F-201 (78 Heritage Hill Road)

27. 24-F-200 (80 Heritage Hill Road)

28. 24-F-199 (81 Heritage Hill Road)

29. 24-F-198 (79 Heritage Hill Road)

30. 24-F-197 (77 Heritage Hill Road)

31. 24-F-188 (2 Ryan Farm Road)

32. 24-F-178 (3 Ryan Farm Road)

33. 24-F-185 (4 Ryan Farm Road)

34. 24-F-179 (5 Ryan Farm Road)

35. 24-F-180 (7 Ryan Farm Road)

36. 24-F-182 (9 Ryan Farm Road)

37. 24-F-155 (1 Timberlane Road)

38. 24-F-156 (3 Timberlane Road)

39. 24-F-157 (5 Timberlane Road)

40. 24-F-158 (7 Timberlane Road)

41. 24-F-188 (12 Timberlane Road)

42. 24-F-172 (15 Timberlane Road)

43. 24-F-173 (17 Timberlane Road)

44. 24-F-174 (19 Timberlane Road)

45. 24-F-176 (20 Timberlane Road)

46. 24-F-178 (18 Timberlane Road)

47. 24-F-186 (14 Timberlane Road)

48. 24-F-188 (12 Timberlane Road)

49. 19-B-767 (8 Karen Road)

50. 19-B-749 (7 Karen Road)

51. 19-B-766 (10 Karen Road)

52. 19-B-750 (9 Karen Road)

53. 19-B-765 (12 Karen Road)

54. 19-B-751 (8 Karen Road)

55. 19-B-764 (14 Karen Road)

56. 19-B-763 (13 Karen Road)

57. 19-B-2027 (16 Karen Road)

58. 19-B-2025 (18 Karen Road)

59. 19-B-2029 (20 Karen Road)

60. 19-B-2028 (22 Karen Road)

61. 19-B-2014 (1 Lancaster Road)

62. 19-B-2015 (3 Lancaster Road)

63. 19-B-2016 (5 Lancaster Road)

64. 19-B-2017 (9 Lancaster Road)

65. 19-B-2018 (11 Lancaster Road)

66. 19-B-2019 (15 Lancaster Road)

67. 19-B-2000 (98 Castle Hill Road)

68. 19-B-2001 (102 Castle Hill Road)

69. 19-B-2002 (104 Castle Hill Road)

70. 24-F-153 (107 Castle Hill Road)

71. 24-F-152 (109 Castle Hill Road)

72. 24-F-151 (111 Castle Hill Road)

73. 19-B-2003 (106 Castle Hill Road)

74. 24-F-147 (113 Castle Hill Road)

75. 19-B-2004 (108 Castle Hill Road)

76. 19-B-2005 (110 Castle Hill Road)

77. 24-F-148 (115 Castle Hill Road)

78. 19-B-2007 (114 Castle Hill Road)

79. 19-B-2008 (116 Castle Hill Road)

80. 19-B-2009 (118 Castle Hill Road)

81. 24-F-144 (121 Castle Hill Road)

82. 19-B-2010 (120 Castle Hill Road)

83. 19-B-2011 (122 Castle Hill Road)

84. 24-F-143 (125 Castle Hill Road)

85. 19-B-2012 (124 Castle Hill Road)

86. 19-B-2952 (130 Castle Hill Road)

87. 24-F-142 (129 Castle Hill Road)

88. 14-B-2900 (85 Castle Hill Road)

89. 14-B-2902 (81 Castle Hill Road)

90. 19-B-2020 (82 Castle Hill Road)

91. 24-F-183 (1 Bennington Road)

92. 24-F-184 (2 Bennington Road)

93. 20-D-3003 (3 Bennington Road)

94. 20-D-3030 (4 Bennington Road)

95. 20-D-3004 (5 Bennington Road)

96. 20-D-3029 (6 Bennington Road)

97. 20-D-3005 (7 Bennington Road)

98. 20-D-3028 (8 Bennington Road)

99. 20-D-3006 (9 Bennington Road)

100. 20-D-3027 (10 Bennington Road)

101. 20-D-3024 (14 Bennington Road)

102. 20-D-3008 (15 Bennington Road)

103. 20-D-3009 (17 Bennington Road)

104. 20-D-3023 (18 Bennington Road)

105. 20-D-3010 (19 Bennington Road)

106. 20-D-3022 (20 Bennington Road)

107. 20-D-3011 (21 Bennington Road)

108. 20-D-3021 (22 Bennington Road)

109. 20-D-3012 (40 Bennington Road)

110. 20-D-3014 (38 Bennington Road)

111. 20-D-3015 (36 Bennington Road)

112. 20-D-3016 (34 Bennington Road)

Chairwoman Post read the first line of the 112 parcels of Citizen Petition #4 into the record and then called a

recess. Ms. DiFruscia was excused. The meeting reconvened at 8:51 p.m.

Mr. McLeod motioned to open Citizen’s Peition #4 for Public Hearing. Seconded by Ms. Webber. Motion passed: 7-0.

Mr. Evert Ryan is the developer of the area in question and is seeking Planning board approval for this Petition. He summarized the various streets and roads included in the petition. He would like to change the zoning from Rural to Residential A. Many of the residents are in support of this. He is concerned that the large houses which comprise these lots may be broken up into multi-family, apartments, and/or boarding houses which are allowed in the Rural District, but not in Res A. This is what he is hoping to avoid.

Ms. Scott highlighted that: Boarding houses are allowed in Rural, but not Residential A; Accessory apartments are allowed in both zones; and Multi-family is not allowed in either. Mr. Ryan thinks the large homes with dual entrances, implies multi family and wants to protect from that. Chairwoman Post explained that if WFH passes, the duplex would be allowed in the Rural District.

Mr. Sycamore asked of the 112 parcels, how many are developed; Mr. Ryan stated about 85 homes.

Ms. Webber noted that the Rural District allows for 13 things; such as, wildlife refuges, open space, overnight parking etc. She thinks it would be doing the Town a disservice if it gave up what’s allowed if all those parcels are moved to Res A; Mr. Ryan said that no one he asked voiced those concerns because they are not doing those things now.

Ms. Nysten asked Ms. Scott: If a subdivision has covenants in place that end and WFH is approved, could a WFH project be built in a subdivision with single family covenants; Ms. Scott replied that if the covenants were put in place by the developer of their own initiative and not part of an Open Space development where the Planning Board has approved the covenants, the Town has no authority. The Town would have no copies of the covenants or enforcement authority. The Planning Board could approve a WFH development that violates privately instituted homeowner restrictions, because they are not part of the Planning Board’s land use regulations. Chairwoman Post further explained that covenants are part of a private agreement and the

private homeowners could take issue with that.

Chairwoman Post asked whether the 80-90 homeowners are aware of this change; Mr. Ryan said that the vast majority know, because it has been talked about for the past year and a half. Chairwoman Post said that what Mr. Ryan is asking to do is something the Planning Board could not lawfully do. Mr. Ryan said that regulations did not require him to get every signature, and there are some owners who do not know.

Chairwoman Post opened discussion to the Public.

Mr. Henry Danis, 85 Castle Hill Road, lives across the street from Mr. Ryan and was not notified. He discovered the change from the Planning Board notice on 12/22. Mr. Danis went through an exstensive history of his 14 acre purchase from Mr. Ryan. He bought it because it was Rural. Except for his house and right around it, it remains in its natural state and is protected. His 1800 sq ft house should not have been included in Mr. Ryan’s plan. He would lose 10,000’s of dollars if it was changed to Res. A. It appears that Mr. Ryan has spot targeted the lots to re-zone. He feels like he has been singled out and discriminated against. Mr. Danis thinks Mr. Ryan has overstepped his boundaries. He claimed that when he bought the lot 23 years ago, Mr. Ryan stated that he would like to keep the farm because he liked a rural atmosphere.

Mr. Danis said that of the 112 parcels, 30 of the petition signers represent 15 of the lots in question. Mr. Ryan said that he was up against a deadline and there was no underhanded effort. Also, the sale to Mr. Danis was done by his mother. Mr. Ryan had some involvement and wanted to hold up on the sale.

Mr. Jonathan Derrick owns property on Johnny Hill Rd. He was not notified; he found out in the paper. He is happy to remain Rural.

Ms. Betty Dunn asked that there be a map made available to voters on voting day.

Ms. Maloney suggested that because the petition involves over 100 lots, the Board should look at it next year. The Board would be remiss to support this Petition at this time. There is no map and information is missing.

Mr. Sycamore asked what the acreage magnitude involved is. Mr. Ryan said about 300 acres.

Mr. Wrenn said that the Multi-zone committee went to the trouble to notify every owner and abutter to Public Hearing. He is concerned about who has actually been notified. He is not comfortable supporting this.

Mr. McLeod is concerned about spot zoning; also, there is no real pressing need to make the change at this time; maybe the Board could look at it later in a workshop mode; and there’s no good reason to include Mr.Danis’ property. It would have been ripe for consideration as a site plan consideration for Great Mt. View. In general, he does not support the Petition.

Chairwoman Post agreed with the Board’s comments. She sees that there is a wide swath to be rezoned and is concerned there may be some policy considerations involving a Planning Board function. Also, she is concerned about property owner notification and due process.

Mr. McLeod made a motion to not recommend Citizen’s Petition #4. Seconded by Mr. Wrenn. Motion passed: 7-0.