The Wilmington Selectboard will hold a special meeting on Tuesday, September 26, 2017 at 6:00 pm in the Town Hall Meeting Room to attend an Open Meeting Law Seminar.
The Wilmington Cemetery Commission will meet at 5:00 pm on Wednesdays May 31, June 28, July 26, August 30, September 27 & October 25, 2017 at the Wilmington Firehouse, 18 Beaver Street, Wilmington, VT.
NOTICE OF HEARING
Interested parties may be required to participate in this hearing before appealing any decision in court. Notice is hereby given by the Development Review Board that a Hearing will be held in the Wilmington Town Office at 2 East Main Street on: October 2, 2017 at 6:00 PM, at which time the Board will hear all interested persons in the following matters:
Application # 2017-066: Owner: Frank Sprague. Agent: Deerfield Valley Rescue Inc. (Heidi Taylor). Application is being made for a conditional use review to allow a Safety Related Facility (Ambulance Service). Commercial/Residential zoning district: Section 450 (E) 4, 710, 721 & 722; Location: 22 Stowe Hill Road.
Notice of Hearing
Pursuant to 24 V.S.A. Chapter 117, § 4444, notice is hereby given by the Selectboard of the Town of Wilmington, Vermont, that a Public Hearing will be held in the Wilmington Town Hall on Wednesday, October 4, 2017 at 6:00 PM.
This is a public hearing on the proposed adoption of revisions to the Zoning Ordinance for the Town of Wilmington, VT, and the addition of a Design Review District. The addition of the Design Review District affects the downtown area, Beaver St, Church St, and part of East Main St. The revision to the Wilmington Zoning Ordinance affects the entire Town of Wilmington.
Consistent with the goals of §4414(E) the proposed Village Design Review District will address the following planning and design problems:
The village design review district is to preserve and protect the area containing a concentration of community interest and participation with a focus on community functions and business activity. This central area represents the early settlement patterns of the village within a concentrated community center, with striking natural resources and vistas. This area contains structures of cultural merit and several of historical significance. It abuts the Historic Design Review District with many structures of historical merit. Collectively these areas represent a concentrated center of community interests and business.
Village Design Review District Purpose
The basis for a Design Review District is to preserve the natural beauty, vistas and the visual character of the Village of Wilmington. The visual aspects of the Design Review Districts represent an important asset to the community by providing a source of pleasure for both residents and visitors, and contributing to the economic development of the community.
The purpose of the proposed Amendments to the Zoning Ordinance is to:
- Protect and restore an expanded Downtown area of the Village
- Expand the availability of Temporary Retail by Permit, not requiring DRB review
- Encourage the use of overhanging street signs by not counting them toward the structure mounted sign maximum allowed
- Require DRB review of Land Development to Nonconforming Structures, Lots and/or Uses
- Allow Nonconforming Structures or Land Development of Nonconforming Lots to not exceed 30’ to the highest point of the ridgeline and not increase the degree of Nonconformity. Nonconforming Structures and Lots are not eligible for Waiver or Exemption
- Allow structures over 38’ to the highest point of the ridgeline only with an Exemption or Waiver approved by the DRB
- Bring Waiver provisions into strict conformity with VT regulations, limited to dimensional only
- Add demolition to the definition of “Land Development” for inclusion in DRB review in Design Review Districts, as required by VT regulations
- Require conformity with VT energy regulations
- Clarify zoning provisions which have proven unclear (DRB review of Change of Use within a broad category of Use, gas station signs vs. other awning signs)
- Provide maps for the DRB to use; Zoning, Land Use, Resources, Transportation, and Community Facility Maps (previously included only in the Town Plan)
The proposed Articles and Appendices to amend the Zoning Ordinance are to address Zoning Administration in the town of Wilmington, Vermont including:
Table of Contents Added Maps to Appendix
Section 212 Unclear language and development not in strict conformity must go to Development Review Board (DRB).
Sections 212, Clarifies that substantial Change of Use requires DRB approval/Permit
222(A)(1), & defs
Section 222 (A2) Added all structural enlargement or other development to Legal Nonconforming Structures, Lots, or Uses must go to Development Review Board
Section 232 Limits waivers to only dimensional – other than density, in conformity with VT regulations (24 VSA Section 4414(8))
Section 232 Makes increases in nonconformity on Legal Nonconforming Structures not eligible for waiver – they would be non-legal nonconforming and subject to penalties.
Section 232 (A-I) Modifies Waiver criteria for clarity and equity to usual and customary requirements of land development under the ZO, that no waiver would be given if they only reason is so they do not have to do what all other land development is expected to do.
Section 235 Defines waiver application and Review Process is only for Dimensional – waivers. (24 VSA Section 4414(8))
Section 236 Limits Variances to Dimensional, in conformity with VT regulations (24 VSA section 4469)
Section 430 Moves detailed description of Legal Nonconformities to Section 705 under standards.
Sections 510, 511, 512, 522, 530, 531, 540
New Design Review District (DRD) Language to allow for Village DRD – in support of expanded Designated Downtown
Section 705 (A-C) Requirements of Legal Nonconformities moved to the Standards section, Structures on Developed Land & Lots on Undeveloped Lands clarified.
Section 720 Requires DRB to determine if a structure is historical in all districts and encourage historic preservation where not required.
Section 723 (A) Adds prohibition against demolition of a historic structure without approval of the Development Review Board. As required by §4414(E), no structure in any Design Review District (Historic or Village), “may be erected, renovated, substantially altered, restored, moved, demolished, or changed in use of type of occupancy without approval of the plans by the appropriate municipal panel.”
Section 723 (B) Lists historic preservation references recommended by the state
Section 730 Lists reference maps to be used by the DRB in making their determinations
Section 730 (D) Adds the word Commercial to the Title of Parking and Loading Areas. Moves it to Specific Standards (730) from Other Specific Standards (732)
Section 730 (M) Adds Specific Standards requirement for conformity with state residential and commercial energy standards (state requirement)
Section 732 (J) Adds Temporary Retail to Other Specific Standards, limited temporary to 2 months. Allowed with no permit up to 5 days, Permit for over 5 days up to 2 months.
Section 823 (A) Awning Signs; clarifies that Gas Station awnings require DRB review as a conditional Use under Section 732(B)
Section 832 (B) Allows one overhanging/perpendicular sign…not counted toward the one Structure Mounted.
Section 873 (E) Allows signs AND FLAGS to hang at least 7 feet above walkway
Article X Defs Temporary Retail changed to be up to 2 months.
Where the proposed Articles may be examined:
Copies of the document are available for public review at the Wilmington Town Offices and on the Town of Wilmington website www.wilmingtonvermont.us.
Town of Wilmington, Vermont
Special Town Meeting
Tuesday, October 24, 2017 at 7:00 pm
The legal voters of the Town of Wilmington are hereby notified and Warned to meet at the Twin Valley Elementary School Gym at 7:00 P.M. on October 24, 2017 to act on the following article:
Article 1: Shall the voters of the Town of Wilmington disapprove the Traffic Ordinance adopted by the Wilmington Selectboard on August 2, 2017?
Dated at Wilmington, Vermont this 22nd day of September, 2017.
Selectboard of the Town of Wilmington
Thomas Fitzgerald, Chair
John Gannon, Vice Chair