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Meeting Minutes

Town of Leicester

Zoning Board of Adjustment & Planning Commission Meeting


Wednesday, September 10, 2008




** See subsequent minutes for any changes


Members Present:  Gerry Flint, Donna Swinington, Shelley Glassner, Heidi Schuerger


Others Present:   Sandra Trombley, Secretary


Call to Order:  Meeting called to order at 6:36 by Chair, for the regular meeting of the Leicester Planning Commission. 


Agenda Review:  Agenda will be to determine the leadership of the Board and discuss Rules of Procedure.  New business and old business as Planning Commission business and then formally close the Planning Commission meeting to convene to the Zoning Board meeting for discussion of

Zoning Administration business.


Leadership of the Planning Commission: 


The structure of the Board is five members.  Historically, one member is missing.  We need to do some recruitment of the Board to fill the fifth position.  Heidi is moving and will be stepping down as Chair, so that there will be continuity as business progresses.  The difference between the Planning Commission when we have a Zoning Board, is the Planning Commission handles applications for sub-divisions, whereas the Zoning Board handles every other kind of permit.  With a Development Review Board the Planning Commission no longer serves a quasi judicial capacity.  Important for the leadership of the Planning Commission to take this into consideration, realizing the focus is going to be on planning and to get with the Selectboard and strongly encourage them to form a Development Review Board.  A Zoning Board must remain in effect until all business that has come before the Zoning Board has been settled.  The Developmental Review Board can continue with all new business, and have a separate Board.


Motion by Donna to nominate Gerry Flint as Chairman.  Motion by Shelley to nominate Donna Swinington as Chairman.   All in favor of Donna being Chair.  So voted.


Slate: Shelley Glassner as Vice Chair and Gerry Flint as Clerk.  All in favor of slate.  So voted.


Rules of Procedure:


Heidi presented Rules of Procedure .  The document is almost exactly the same as the previous Rules of Procedure with some minor changes.  Heidi removed the word “draft” from top of document.  Added some text under Definitions and added a statement in the section of Authority. 


Section I: Authority.

The Town of Leicester hereby adopts the following rules of procedure for use as set forth in the attached endorsements; meaning that any group that convenes in the Town of Leicester can adopt these rules and procedures.  That way you will have one document instead of three.


Section III: Definitions.

“Board” refers to any convening authority that is comprised of board members that has adopted these Rules with an attached endorsement (e.g. ZBA, DRB, or Selectboard).

Convening Authority refers to the entity that adopts these Rules (i.e.: a Planning Commission &/or any municipal panel known as a Board).


Took out the word “board” from boardmember, just referring to them as members.  Where is said “Board” and changed to “Convening Authority”.


Section IV: Regular Officers.


All you have to do is change the attached endorsement.  There is supposed to be a Chair, Vice Chair and Clerk. 


Section V: Alternate Members.


The Selectboard is supposed to appoint alternates.  The Secretary decided not to be considered as an alternate.


Section VI: Regular and Special Meetings.


Regular meetings shall be held in the Leicester Town Offices, as set forth in an attached endorsement. 


Part B a quorum shall consist of a majority of the specified number of regular members, as represented by regular and alternate members.


Part E talks about the agenda for each meeting. 


Part H talks about time periods reserved for public comments.


Section IX: Service List.


Service list is attached.  Zoning Administrator should be present and is responsible for creating a list of individuals present at the hearing.


Section X: Decisions.


It is ok to make a decision the same night, but our Rules and Procedures say the board shall make decisions in deliberative session and not open to the public and shall not be warned.  Deliberative session allows the Board to talk without the public listening to the Board’s conversation.


Discussion on “Ex parte communication”. 


Discussion on Order of Business.  Heidi will send electronic template document to Secretary.


Endorsement Document:


Need to be very clear that the Planning Commission and the Zoning Board are two separate authorities.  An Endorsement Document needs to be completed for each.


Interested Person Information Sheet:


Copy of the information sheet; as well as, Rules of Procedure should be posted so that people can look at this and understand whether they are qualified as an interested person/group.  A folder will be made with copies in it at all times for the public.


Interested  Persons Record & Service List:


Include applicant name, application number and date of hearing at the top of the document.  Copy is needed for every hearing. 


Old Business:   Ask Andrew if there is any other business coming before the Planning Commission other than the Town Plan.


New Business:   Application for the Grant. 


Other Business:   Planning Commission needs to notify adjacent towns.   A draft copy of Salisbury’s regulations.  A copy of a public notice for a draft general permit for indirect discharge of sewage which the Secretary of Agency of Natural Resources, permit for renewal.  Not known whether Kylee posted this notice.  Donna will ask Kylee if she has posted this notice.


Tentative Agenda for next Planning Commission Meeting: 


·        The Grant

·        Public Notice of the Planning Commission Reorganizing and changing the date they regularly meet.  When we do that we should state:

o       where we are going to post

o       notice can be both Planning Commission and Zoning Board


Motion by Shelley to adjourn the Planning Commission Meeting and move into an improper Zoning Board Meeting.  Seconded by Gerry.  All in favor.  So voted.


Meeting called to order at 7:15 p.m.  by Chair, for a Zoning Board Meeting.  Normal Zoning Board meetings are held the last Tuesday of the month, but this meeting is to address some procedural/administrative things.  This meeting is to establish the leadership, adopt Rules of Procedure, and talk about a couple of items to move forward appropriately.


Rules of Procedure:   Special meetings may be called by the chair provided there is at least 24 hours notice is given to each member and the time and place of each special meeting is publicly announced at least 24 hours before the meeting.


Clarify what publicly announced means. 3 places; web-site, Town Office, Recycle Center.  Could call a meeting in short order.  Follow same as Selectboard.


Motion by Shelley to nominate Gerry Flint as a temporary Chair of the Zoning Board.  Seconded by Donna.  All in favor.  So voted.  Accepted on a temporary basis.


Slate: Shelley as Vice Chair and Donna as Clerk.  All in favor.  So voted.


Discussion to change the starting time of the Zoning Board meeting from 6:30 p.m. to 6:00 p.m.  There needs to be coordination in schedules with Zoning Board and Zoning Administrator for meetings scheduled outside the regular scheduled meetings.


Action:  Check with Andrew.  Andrew needs to be clear what has and has not been done.  Has there been a proper filing/$60 fee of Johnson appeal case?  If so, warn Johnson hearing for September 30, 2008 and send notice to adjacent property owners.  Everyone should read the appeal prior to hearing. 


Check with Andrew to see if he has warned Harrington meeting and sent notices to adjacent property owners.  Limit meeting to 30 minutes.


Action:  When Andrew says public meeting, does he mean it has to be warned in regard to the formal procedure for Boundary Line Adjustments?  Warn for our next scheduled Planning Commission meeting October 8, 2008.


Water quality and storm water management.  Planning Commission makes revisions to the by-laws.  Can be adopted as an amendment to the existing by-laws without changing all the by-laws.  Warn as a public meeting October 8, 2008. 


Plan 5 minutes to review Rules of Procedure for hearings September 30.  Public comments; hear all view points.


Motion by Shelley and seconded by Donna to adjourn.  Motion passed unanimously.  Meeting adjourned 8:16 p.m.


Respectfully submitted,



Sandra L. Trombley

Zoning Board & Planning Commission Secretary 



Attachment:  Tentative Agenda for Next Meeting




Leicester Planning Commission Agenda

Wednesday, October 8, 2008

6:00 P.M.

Leicester Town Office


Call Meeting to Order


Review Agenda


Approve Minutes of 9/10/08 Meeting


Read Warning

·         Reorganization

·         Boundary Line Adjustment

·         By-Laws




Old Business


New Business


Other Business


Draft Agenda for Next Meeting November 12, 2008


Motion to Adjourn