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Vergennes zoning tweak proposed for flexibility

VERGENNES — A proposal to allow Vergennes zoning officials greater flexibility in handling some applications, notably for proposals to create more housing units, is working its way through the channels.

The proposal would allow Zoning Administrator David Austin or the Vergennes Development Review Board (DRB) to approve some applications if they conformed with more lenient state housing-density standards, even if they would not yet be allowed by existing city zoning and subdivision regulations.

A separate provision in the proposal, Austin told the Vergennes City Council on Dec. 10, would clarify how zoning officials could handle expired permits — those that were granted, but upon which applicants did not act in a timely manner.

Austin said the amended regs would “clearly establish a defined expiration date for permits” and “put in place an enforcement process” for expired permits.

The planning commission adopted the proposed changes at its Dec. 2 meeting after a public process, and on Dec. 10 the council agreed to hold a required public hearing on the amendments. That hearing is scheduled for Jan. 14 at 6 p.m. during a regular council meeting.

Austin explained to the council on Dec. 10 the need for the changes related to state law.

“It is to allow my office, along with the development review board, to review permit applications and issue decisions in cases where our zoning and subdivision regulations are not in sync or not in conformance with state statutes,” Austin said. “And there are a number of situations where that is the case, and there are already folks coming forward.”

Austin did not clarify the kinds of cases at the meeting. Planning Commission Chair Shannon Haggett shed some light on the question in an email and separate interview.

Haggett said eventually a more comprehensive and time-consuming rewrite will incorporate new state law, but planners wanted the DRB and Austin to be able to approve appropriate projects in the meantime.

“Until we can reconcile more completely in a meaningful way, we want to be able to say yes in cases where state rules are more lenient than our rules, so we have authority to go with the state rule,” he said.

What’s on the drawing board now, Haggett was asked.

“In a nutshell, I know he (Austin) has some folks who are seeking to convert single-household uses to more than three-households,” he said. “In a place like Vergennes, where there is general availability of water and sewer service, the state allows greater residential unit densities than our current regulations permit.”

Austin outlined to the council another reason why the interim changes should be adopted. He or the DRB could find itself having to deny under city laws a project that would be legal under state law, and it could prove to be costly.

“If denied based on city regulations and appealed to Environmental Court … they’re going to win,” Austin said. “And they’re going to have a permit, and we’re going to have a bunch of legal fees to pay.”

Councilors unanimously agreed to warn the amendments.

In the meantime, Haggett said work would be ongoing on a permanent fix.

“We’re engaged in the process of reconciling our regulations to state statute, but honestly, a big part of that is trying to figure out exactly what those inconsistencies are, and the best way to address them,” he said. “The current proposed amendments are more or less a Band-Aid fix that will allow the zoning administrator and the DRB to positively act on applications that would be permitted by the state, but not by our regulations, while we try to sort it all out.”

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