The Planning Commission of Marlboro Vermont will hold a public hearing on the following amendments to our zoning regulations.
October 10th – 6:00 pm at the Marlboro Town Office, 510 South Road, Marlboro, VT 05344
Proposed Amendment #1
Section 416 - Off-Road Vehicular Ways (This is a new section.)
Off-road vehicular ways are subject to all setbacks of the Zoning District in which they are to be located, except to a front yard setback where such off-road vehicular way connects to a public road. A public "Road" or "Street" or "Highway" (see definitions) is not considered an off-road vehicular way."
In the instance of an off-road vehicular way crossing a property line, if the property owners on each side of the property line (at each crossing) agree to the establishment of an off-road vehicular way, the off-road vehicular way is not subject to Side Yard or Rear Yard Setbacks at that crossing.
No existing off-road vehicular way shall be changed to another type of off-road vehicular way without complying with this Section 416."
Explanation:
This new Section will require that new off-road vehicular ways (ways used by a mechanically-powered vehicle) respect the setbacks of the zoning district in which they are to be located.
We discussed the possibility of exempting easements.
Voting on the amendment. 5 in favor. 1 nay.
Proposed Amendment #2:
Article III – Establishment of Zoning Districts and Zoning Map
Wildlife Habitat Overlay District (Red italics are changes from existing Regulations)
In Section 352, Use Regulations and Development Subject to Review, add "driveway;" to paragraph number 2.
Explanation:
This clarifies that driveways are subject to the Wildlife Habitat Overlay District.
If approved, paragraph number 2 will read:
2. Within the Wildlife Habitat Overlay District, the following development activities shall require a Conditional Use Permit, including Environmental Consultant review (Section 355): the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any building or other structure; driveway; any mining, excavation, or land fill; and any change in the use of any building or other structure, with the exception of those listed under "Exemptions" (Section 353).
Unanimous approval.
Proposed Amendment #3:
Article VII – Definitions
Add the following new definition: (This is a new definition.)
"Off-Road Vehicular Way: Any permanent or temporary way or road on public or private land that may be used by a mechanically powered vehicle. Off-road vehicular ways include but are not limited to driveways, private roads, access roads, logging roads, snowmobile trails, and all-terrain vehicular (ATV) trails. Horse trails, hiking trails, ski trails, bicycle trails, and similar trails are not considered off-road vehicular ways."
Unanimous approval.
Proposed Amendment #4:
Section 353 - Wildlife Habitat Overlay District Exemptions:
Delete Exemption #6, Primitive camps.
Explanation:
If approved, primitive camps will no longer be exempt from the provisions of the Wildlife Habitat Overlay District.
Unanimous approval
Proposed Amendment #5:
Article VII - DEFINITIONS:
In the definition of Structure, delete "A parking space is considered a structure."
Explanation:
If approved, the definition of structure will read as follows"
"Structure: Anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground. A parking space is considered a structure.
Unanimous approval
Proposed Amendment #6:
ARTICLE III ESTABLISHMENT OF ZONING DISTRICTS AND ZONING MAP
Section 372 - Surface Water Buffer Overlay Standards
Revise Section 372.4. to expand review and comment options to include the same options allowed in Section 355, the Wildlife Habitat Overlay District.
In Section 372.4, delete "the Marlboro Conservation Commission" and insert "an Environmental Consultant".
In Section 372.4.a, delete "Marlboro Conservation Commission" and insert "Environmental Consultant".
Add a new Section 372.4.b.:
"b. The Environmental Consultant shall be selected from the following list by the applicant contemplating work. The Environmental Consultant may be: The Marlboro Conservation Commission; or the Vermont Fish & Wildlife Department; or a consultant, qualified and experienced in performing similar environmental reviews and acceptable to the Development Review Board."
If approved, Section 372.4. will read:
4. Review and Comment by the Marlboro Conservation Commission an Environmental Consultant.
a. The Marlboro Conservation Commis
Topic: Marlboro Planning Commission Meeting
Time: Oct 10, 2023 05:00 PM Eastern Time (US and Canada)
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