JULY 9, 2020

In attendance in person: Gary Shuck, Angie Calloway, Teresa Retherford, Dan Paddock and Richard Fidler

In attendance virtually: Trefin Luker, Tony Hewitt, and Micah Buffington Town Attorney.

6pm, meeting called to order.

Motion to approve the minutes made by Retherford, 2nd by Paddock and all were in favor.

Motion to continue regular meeting to open Public Hearing for Jim Anderson made by Retherford, 2nd by Calloway and all were in favor. Motion to continue Public Hearing until August 13th at 6pm made by Retherford, 2nd by Calloway and all were in favor.  No one from Mr. Anderson’s firm was present.  Regular meeting was reopened.

Motion to approve permits 2446-2470 made by Luker, 2nd by Paddock and all were in favor.

Richard Fidler-Montgomery Farms Phase 4 plans- this is the last phase of development with 20 lots in the south east corner.  Calls for 2 ponds, would like to get plans submitted to RQAW so they could complete a review and get under construction before the snow flies.  Mr. Fidler offered to answer any questions the Commission might have.

Paddock is unhappy with the ponds and the normal water level.  Concerned it will be weeds and moss and no safety ledge. 

Shuck is concerned with those issues also as the master plan was done in the early 90’s and a lot of things have changed as far as safety.  Fidler stated that from earthworks standpoint they don’t need the dirt.  Paddock’s concern is as a homeowner, there are 4 & 5 foot weeds that have been in the ditch for years.  Fidler stated that when the subdivision is complete the property owners are responsible for all common areas, he asked if an HOA has been established. Fidler’s thought is that there is some form of maintenance being done on the pond now but it’s not Lapel doing it. 

Paddock stated there is no maintenance on the ditch.  Fidler says the existing ditch isn’t properly graded, and that people are driving thru it.  The ditches in the new phase will be behind people’s houses, there’s dirt back there dumped along that south property line Fidler stated he didn’t know how people got back there but they did.  The only other solution Fidler said would be to re-plat and include all of these rear areas back to the property line they would have a really big lot but, that would put the responsibility of a large dry retention pond on the homeowner individually and that sooner or later there would be fences and everything else across it and that would stop the water.  Fidler was unaware there was no HOA for this subdivision and there needs to be.  Shuck said he was under the impression there was but evidently there is not.  Paddock asked if the developers are supposed to do an HOA until the property is built out?

Fidler stated the developer is the answer is yes but there is a minimum number of lots that are to be sold and built upon then it becomes the responsibility of all the homeowners usually that’s about 75% and we’re there now.  So as to the existence of HOA Fidler can’t answer that as that’s usually taken care of in the beginning of the subdivision if nothing else there can be an HOA established for these 20 lots.

Shuck recommends plans be sent to Commonwealth Engineering and that our legal staff look into the formation of an HOA whether we can do it with just this one phase or require the whole area to be a part of an HOA. 

Red Barn- Neil Stephenson & Angie Calloway went over recommendation to include as Special Use “Event Center” in AG Zone.  Stephenson is making an amendment to AG, C1, and C2.  Amendment to read and discussed during a Public Hearing at the next Planning Commission meeting.

Paul Sheller- 104 S Ford Street asked Planning Commission if hey buys the property can he get it approved for a duplex (R3).  Shuck said it would be taken under consideration as the property would need a re zone.  Sheller then asked if he buys all 3 lots could he combine them into 2 and build one home on each lot. Minimum square footage for a single family home on a lot is 800 square feet. 

Sam Werth spoke to the Planning Commission about the proposed Drive In theater he’d like to build on Brookside and 300 S.  Mr. Werth brought sketches and plans for the Commission to review.  Shuck asked that everyone get their questions together, the pros/cons and put a blurb in the paper asking for public comment regarding the proposal. 

Being no further business to discuss, the meeting was adjourned.

Posted at Thursday, July 9, 2020