CONSERVATION COMMISSION of the TOWN OF HALIFAX

Regular Meeting, Thursday, October 24, 2024, at 6:30 PM

Hybrid Meeting – In-Person and Remote

Town Office, 246 Branch Road, West Halifax VT

https://us02web.zoom.us/j/83140976854?pwd=dFFkWE1tdk84VjFGc1RZODJvM2NjUT09
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DRAFT MINUTES

Attendees: Stephan Chait (Chair; SC), Laurel Copeland (Secretary; LC), Dov Towler (Member; DT), Bill Oglesby (guest; WO), Jason Hale (guest, JH), Marilyn Allen (guest, MA), Tom Fox (guest, TF), Steve Barrows (guest, SB), Penfield Chester (guest, PC), Diana Conway (guest, DC), Nancy McCrea (guest, NM), Edee Edwards (guest, EE), Bonnie Brown (guest, BB), Linda Huebner (guest, LH), Janet Taylor (guest, JT), Paul Taylor (guest, PT)

Unable to attend: Mary Horne (Member; MH), Lesley Pollitt (Treasurer; LP)

 

CALL TO ORDER at 6:30 pm

 

CHANGES AND/OR ADDITIONS TO AGENDA – Add discussion of November and December meetings

 

APPROVAL OF PREVIOUS MEETING MINUTES – Regular Meeting Minutes of September 26, 2024, were approved with the addition of the hybrid meeting specifics.

 

NEW BUSINESS

Review of Town Forms – Permit for New Parcels, Zoning Permit Application Form,

Zoning Permit Renewal Application, Conditional Use Application Form, Halifax Driveway Permit – MH submitted written comments by email that SC summarized (“should information be required on the existence and location of historical buildings, cellar holes, etc., for the plat or site plans and reference to wetlands on the Permit for New Parcels. Should any of these forms contain reference to wildlife corridors, contiguous forest, town trails, etc.?”) TF: Planning & Zoning discussed adding existing buildings. Forms should capture sufficient but not excess information. All applications ask about streams and wetlands (brooks are smaller than streams). How to know Act 250 considerations are duly included? TF: add whether the property is in Current Use. Whether it is in a Conservation District. Forestry Plans are public; could be requested at permit application. PC: the county forester has a list of Halifax forest management plans—probably could supply the plans. BB: the campground application did not have the part about rural / conservation filled out. Make clearer/follow up. Form should specify that there is ownership with road frontage or ROW where a driveway is proposed. PC: some realtors do not explain to a buyer that land is in Current Use. NM: Current Use appears as a lien on the property so a title search will reveal it. SC: gravel roads put in on campground property; TF: after the hearing, reached out to state for advice on this; will pass on what is learned.

 

Forest Management Plan – required in Current Use Program

 

Bonnyvale Environmental Education Center – Beaver Camp – October 12 & 13. LC reported that Bob Galvan advocated a common narrative in support of beavers and beaver wetlands.

 

OLD BUSINESS

Update on the Application for Conditional Use Permit for Ballout Mtn Campground and The Use Value Appraisal Program for Managed Forestland (Current Use Program) – see above.

 

Update on Discussion of Class 4 Roads and Town Trails –

Josh Road trail and Bell Road trail 2007 case on Road Frontage. JT, PT, and PC: a section of Bell Road is Class 4 Road (<1/4 mile) then Bell becomes a trail to Amidon Road. In 2005 the Selectboard (SB) voted to reclassify 5 trails to Class 4 Roads although about 60% of the town voters favored retaining the trail designations. In 2007 Vermont Natural Resources Council (VNRC) filed an appeal. It was revealed that the request to reclassify was driven by a developer. Judge Wesley agreed that Vermont state law bars trails from serving as road frontage for development in Vermont. The middle section of Josh Road and Bell Road between Carey Road and Amidon Road are legal trails (generally impassable). JT provided additional documents and press release on the court case.

 

Municipal Authority to Determine Use of Town Trails – see discussion above.

In Tunbridge, a court case is in process on who can maintain a town trail. PC: a landowner wants control over what can be on the trails on his land (e.g., no bikers) and to know who is responsible for clearing the trail.

EE explained why the SB asked the Conservation Commission and the Planning Commission/Zoning Board of Adjustment to look into the topic of town trails and Class 4 roads. People seeking to buy land call wanting to improve a town trail for development (e.g., getting electric service). The SB is considering Class 4 Road maintenance rules at this time and wondering if trails should be included in this work. MA: pressure came from a person wanting to build a house on a trail. SC: trails are generally recreational facilities. PC: many maps including online maps do not differentiate among trails, Class 4 Roads, and other roads, so utilities and emergency services can go astray.

 

OTHER BUSINESS – November meeting on Thanksgiving; December meeting on 12/26. Will determine a date in early December.

 

HEARING OF VISITORS – TF: Zoning Board and Planning Commission want to have answers to these questions coming down the pike. PC: the more proactive we are, the easier it will be for the town boards. BB: the Town Plan was last updated in 2019; next update will be 2027. This would be a good opportunity to clarify management of town trails. MA: it will be useful to disseminate the regulations as they are established.

EE: Casella just notified Halifax that fiber is no longer to be separated but rather should be commingled in the mixed stream. If a person feels there is a zoning violation, where should they take their complaint? TF: Zoning Administrator is (most likely) in charge of enforcement. Zoning Administrator/Constable Kyle Farnsworth has a letter he can send to persons in violation.

 

ADJOURNMENT at 7:32 pm.

 

Link to video recording: https://youtu.be/bd5_XhfKplI