OFFICE OF THE PLANNING COMMISSION / ZONING BOARD OF ADJUSTMENT
TOWN OF HALIFAX, VERMONT
PLANNING COMMISSION MEETING MINUTES – DRAFT
August 11, 2026
CALL TO ORDER:
Chairman Tom Fox (TF) called the meeting to order at 7:00 PM. Other board members present were Nancy McCrea (NM), Matt Gancz (MG), Bill Pusey (BP) and Elijah Summers (ES) <7:03 PM>. Jessica Cooney-PCZBA Secretary, Hope Phelan, Patrick Phelan, Dennis LeFabvre, David Jones, Dora Green, Mitch Green, Stephan Chait, and 2 minors were also in attendance.
CHANGES AND/OR ADDITIONS TO THE AGENDA:
None
APPROVAL OF PREVIOUS MEETING MINUTES:
The Board approved the minutes from July 14, 2026, without corrections, although TF would like a double check as to who brought up the topic concerning Ruth and David Moore, TF or NM. Jessica Cooney will review the meeting recording and confirm who made the statement. (TF made the motion, 2nd by BP – all ayes).
OLD BUSINESS:
TF added Data Centers language to the draft of the Town Plan. He reviewed the changes he made to the Recreation section, Solid Waste, Goals and Public Utilities.
NM asked to clarify public access language in the Natural Area Policies which led to omitting a phrase.
Jessica Cooney asked if there was an answer to whether the Halifax Town Clerk’s office is ADA compliant to which TF stated he was still waiting for clarification.
Stephan Chait spoke about the new Goal #15 which he helped to create.
TF stated he will speak with Matt Bachler (WRC) about changing details on the Town Facilities map.
TF said the next step is to send the Town Plan Draft out to surrounding towns along with a cover letter. A public hearing for the draft will be scheduled for the October 13th meeting. Linda Lyons should also be sending out the word to the public via the Front Porch Forum email newsletter. Jessica Cooney will also ask the Halifax Secretary to get it posted on the Town’s website.
BP questioned if the home construction happening at 1358 Collins Road has a building permit. TF will ask Kyle Farnsworth, Zoning Administrator, about the property.
NEW BUSINESS:
Board conducted Hearing of Gerald Patrick Phelan II and Hope Phelan’s Boundary Line Adjustment Permit #26-15:
Board reviewed questions and concerns about property. Gerald Patrcik Phelan II and Hope Phelan, owners, were present and answered inquiries for clarification. NM asked what was contested between the two properties and owners stated that the septic engineer found that the deed’s statement about the boundary line between the owners and the Green’s (abutters) was off. Mitch Green clarified that it is no longer a problem and that they would be creating a new boundary line between properties to allow access to the owners’ landlocked 2nd property. Mitch Green explained that it would be about 50 feet west of Sperry Brook, following the brook with another 50 feet beyond the lower line of the upper lot, and then 50 feet below the owners’ property line, giving them a connecting strip.
TF explained that since the adjustment would be greater than an acre and more than 2% of the property, the owners would need to file a “Boundary Line Exemption” form and file it with the Department of Environmental Conservation. The owners stated that after speaking with Jeff Svec (DEC-Springfield) they didn’t need to file with them but instead needs to be filed with the Town.
MG asked if an attorney was or will be contacted to draft a deed and defining boundaries. Owners said its tricky because the surveyor said that the language was unclear and they use Sperry Brook as a guideline. MG explained that a private lawyer will have to convey a deed for the updated property lines.
TF has concerns about the boundary line running along Sperry Brook but feels that there cannot be development because of the lay of the land.
NM clarify that the Board is not prohibiting building on the property.
ES asked if the brook moves, would the new boundary line also move? Mitch Green stated that the boundary line would not change because his property has been surveyed. The owners’ new boundary line would be created off of his surveyed property line but it is easier to follow the stream. NM brought up there has been past legal rulings that sometimes the boundary line will change with water edges and other times it does not.
MG wants a condition that the boundary line to be clearly defined with a certain amount of distant from current boundary. TF agrees and wants it contingent with the Boundary Line Exemption form to be filed with the Town.
TF made a motion to approve Boundary Line Adjustment Permit #26-15 contingences upon four criteria: 1. Maximum of 3 acres 2. Maximum 75 feet from Mitch Green’s current property line 3. Boundary Line Exemption form submitted to the Town 4. Draft deed with proper language Motion was made by TF and 2nd by MG – all ayes
TF has updated the Land Use Policies in the Town Plan to include a clearer application process and would like to make changes in the Town’s Zoning Regulations.
TF spoke about the Municipal Planning Grant that the Selectboard approved to apply. If the application is approved, the Board would be notified in December. The grant helps the work done with the Windham Regional Commission (WRC) for an updated Zoning Regulations. Stephan Chait will assist also along with Matt Bachler at WRC. TF asked the board for a list of topics to review for updates. ES asked about the cost verses what the grant covers for the updates and wanted clarity of how the process works.
HEARING OF VISITORS:
David Jones, a land abutter, spoke about concerns and questions about the boundary line adjustment. David asked if there were more materials submitted with the application because he wasn’t sure of the reason for the adjustment – sell the property or put in Current Use? David also pointed out that Sperry Brook would be affected if any physical adjustments were to be made to the area, thus having an environmental impact. David wants the land to remain untouched/managed well and wants the specifics of the proposal be submitted with the application for the record before approval. David brought up a past experience that he believes would be concerning for this current situation. The owners responded that their reasons for connecting their 2 properties were for hiking/snowshoeing and having a singular property tax ID not for logging or selling. David did agree that the past incident was under the ill advice of the Selectboard. David stated that it would be best if the owners create a well-constructed deed with clear property lines to show the connection.
Dennis LeFabvre, a land abutter, wants to be assured that the land will be taken care of and not developed.
Mitch Green, a land abutter, concurs with the owners and will assist with the new boundary line.
Stephan Chait offered his services and advice with helping with the process of updating the Zoning Regulations.
ADJOURNMENT:
The meeting adjourned at 8:23 PM. (TF made motion to adjourn)
YOUTUBE recording link: https://youtu.be/-jRSkeeeDYw
Respectfully Submitted, Jessica Cooney, Secretary to the PCZBA
