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| Lot 15 at Commerce Park |
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The November 11, 2010 application by Hannaford for a new 36,000 square foot supermarket on Commerce Street
(behind Post Office and National Bank of Middlebury) has sparked a discussion about Hinesburg's plans for future
community facilities. The Hannaford project is proposed on a 4.6 acre undeveloped parcel, which represents lot 15
from the Commerce Park subdivision. In 2009, the Town adopted our first Official Map to identify locations for possible
future community facilities within the Village Growth Area - e.g., future roads, sidewalks, trails, parks, recreation
areas, etc. Turns out the Hannaford proposal is in the same location that the Town identified for a future community
facility. The Development Review Board began its review of the Hannaford application at their January 4, 2011 meeting.
For more information on the review schedule and answers to frequently asked questions, see below. |
Information
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| DRB Meeting and Agenda Schedule Development Review Board (DRB) review schedule for the Hannaford application - as of 3/08/11 (subject to change) January 4 DRB Meeting: 1. Overview of project 2. Building design 3. Lighting (site and building) January 18 DRB Meeting: 1. Official Map 2. Front yard setback (related to proposed parking facing Mechanicsville Rd) 3. Signs February 1 DRB Meeting: 1. On-site access, parking, circulation 2. Landscaping 3. Stormwater treatment/control 4. Operating hours beyond 6am-10pm February 15 DRB Meeting: 1. Landscaping 2. Public comments on any / all issues >>Note – The Hannaford application will NOT be reviewed at the March 1 DRB meeting. At the applicant’s request, the review has been extended to the March 15 meeting. March 15 DRB Meeting: 1. Off-site traffic (on surrounding roads) 2. Public comments >>Note – Hannaford is working on plan revisions to address various issues raised during the review. They have requested that the review be extended to give them more time to make these revisions. April or May DRB Meeting (date to be determined): 1) Plan revisions by the Applicant to address issues to date 2) Public comments on any/all issues 3) Wrap up – possible closing of public hearing |
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Hannaford Review Process – Answers to Frequently Asked Questions |
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What is proposed? The Development Review Board (DRB) is reviewing Hannaford’s application for a 36,000+ square foot supermarket, including an in-store pharmacy with a drive-up window. It is proposed for a 4.6-acre undeveloped lot on Commerce Street, behind the Post Office and the National Bank of Middlebury. This parcel is “lot 15” from the previously approved Commerce Park subdivision, and is owned by the Giroux family. What kind of application is this? This is a Site Plan application per section 4.3 of the Hinesburg Zoning Regulations. As a “Retail Establishment” the proposed use is permitted in the Commercial zoning district; however, it still requires site plan review/approval by the DRB as does any non-residential development project. Hannaford also submitted two related applications: 1) Conditional Use application for extended hours of operation beyond 6am-10pm per sections 4.3.6 and 4.2 (Zoning Regulations); 2) Sign application (1 near road, 1 on building) per section 5.4 (Zoning Regulations). How can community members participate in this review? Community input is appreciated and welcome by the DRB at each and every meeting. All respectful feedback is welcome; however, not all comments are “actionable”. Actionable comments are those that relate to specific review standards in relevant sections of Hinesburg’s land use regulations. Remember that the DRB must base its decision on the application’s conformity with the Zoning Regulations and the Official Map. If you want to make your comments “actionable”, look at our review standards, and reference them or use them as a frame for your feedback. Community members can submit written feedback or make comments during the public input portion of the DRB meetings. Any written feedback will be forwarded to the DRB, the applicant, and the landowner. If you can get written comments to the Planning & Zoning Office by the Wednesday before the meeting, we’ll make sure the DRB sees them in advance of the meeting. How will the DRB make its decision? Ultimately, the DRB must decide whether the application is in conformance with the relevant sections of the Zoning Regulations and the Official Map. These land use regulations represent the common “rulebook” that the DRB and all interested parties get to play by. The DRB review is a public process through which the applicant, the landowner, and interested community members can present evidence to inform the DRB before they render a decision. The DRB will hold a series of meetings to hear evidence and discuss various aspects of the project. When they feel they have all the evidence they need, the DRB will close the public hearing and begin deliberating to reach a decision. These deliberations may be in open or closed session, and must result in a formal written decision within 45 days of the close of the public hearing. The power to approve or deny the project at the local level rests with the DRB alone. Yep, a lot of responsibility for a seven member volunteer board appointed by the Selectboard. With that said, DRB decisions can be appealed to the Vermont Environmental Court. The Hannaford project will require State level review through the Act 250 permitting process, which will incorporate several State permits (e.g., stormwater treatment, changes to the Route 116 right of way, etc.). This project also requires at least one Federal level permit with the US Army Corps of Engineers for proposed impacts to a wetland area. When will the DRB make its decision? The DRB must issue a formal written decision within 45 days after they close the public hearing. At the March 15 meeting, the DRB and the Applicant agreed to leave the public hearing open pending the submission of revised plans. Hannaford indicated they are preparing substantive revisions to the plans to address the issues discussed at the first five DRB meetings. Once these revised application materials are submitted, the Planning and Zoning Office will get the Hannaford review back on the DRB schedule with ample notice to the community (notice posted around town, posted on site, on website, etc.). What about this Official Map? Hinesburg’s Official Map (adopted in May 2009) delineates areas that the community has identified as important for future community facilities – e.g., future roads, sidewalks, community buildings, intersection improvements, etc. In this case, Hannaford is proposing to develop a parcel that was identified on the Official Map as a location for future community facilities. Examples of the types of community facilities envisioned are included in note #3 (upper right corner of the map), and include, but are not limited to, “Town Green, Community Center, Fire/Police Station expansion, Farmers Market venue, Parks & Recreation areas, Library relocation.” The Official Map carries the weight of a regulation, and Hannaford must demonstrate that their project can accommodate the future community facility shown on the map. If the DRB finds that the community facility can be accommodated, the Official Map poses no issue. However, according to State statute, “Failure to accommodate the mapped public facility or obtain a minor change in the official map shall result in the denial of the development…” A denial of the project based in part or wholly on the Official Map starts a clock with regard to the Town acquiring the land or an interest in the land. The Town is under no obligation to purchase the land; however, if the Selectboard has not started proceedings to acquire the land within 120 days from the date of the denial, then the DRB must review the Hannaford application a second time without regard to the Official Map. In other words, the Official Map compels developers to save space for important public facilities in specific areas; however, it also compels the Town to put its money where its mouth is or drop the issue. Before the DRB review began, the Selectboard, Planning Commission, and Village Steering Committee all had meetings to discuss the Official Map with regard to the importance of lot 15 on Commerce Street. All three boards reaffirmed that this parcel (in part or in whole) is an important location for future community facilities that will be needed as the village area expands and develops. Both the Planning Commission and the Village Steering Committee provided written feedback to the DRB explaining why lot 15 was placed on the Official Map. The Selectboard decided to create a “Lot 15 Committee” to evaluate and move forward with the acquisition of this land if possible. The Lot 15 Committee will be charged with several tasks, including: 1) Determining the cost to acquire the property; 2) Identifying funding sources to pay for acquisition; 3) Assessing the viability of the site for a broad array of community uses; 4) Assessing the accessibility of the site for community uses, especially parking needs. The fiscal implications (tax revenue, cost of services, etc.) of private versus public ownership and use may also become a charge for the committee, as several board members indicated this was an important consideration. How do I learn more about this application? Check the Town website for DRB meeting agendas and more information. The Hannaford overview plan and application narrative are already on the website along with our Zoning Regulations, Official Map, and a nice 3-page overview of how the Official Map works. The Planning & Zoning Office is working with our webmanager to put the extended Hannaford review schedule, additional Hannaford plans & submittals, and staff reports on the website as well. Also, feel free to stop by the Planning & Zoning Office or contact Peter Erb (Zoning Administrator) at hinesburgzoning@gmavt.net or 482-3619. Peter is our lead staff person for the Hannaford DRB review. Miss a meeting and want to get caught up? DRB meeting minutes are on the website – generally about 1 week after the meeting. VT Community Access Media (VCAM) films DRB meetings, and broadcasts them on Comcast cable channel 17. VCAM also broadcasts these meetings on their website at www.vermontcam.org – just click on the “VCAM 17 Online” link/icon on the left side of the page. |
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