HINESBURG PLANNING COMMISSION

Minutes of October 4, 2000

Minutes Approved October 18, 2000

Present: Jean Isham, George Bedard, Carrie Fenn, Fred Haulenbeek, George Munson, and Will Patten. Also Faith Ingulsrud, Town Planner

Members Absent: Roger Kohn, John Mace, Ted Bloomhardt

Members of the Audience: Nicholas LaJoie, Thomas Herbick, Carl Colizza, Michael Dorman, Lorenzo Spinelli, Eli Enman, Jerry Wetzel, Barbara Forrest, David Lyman, Rocky Martin, Renate Adamowicz, Eric Goldwarg, John Lyman, David Enman, Clifford Collins, Matthew Morse, Roy Bass, Paul Truax, Spencer Harris.

 

1. Saputo Foods - Noise Abatement and Site Plan Changes. Jean Isham, who chaired the meeting, opened discussions with representatives from Saputo Foods: Lorenzo Spinelli, Nicholas LaJoie, Michael Dorman, Thomas Herbick and Carl Colizza. Mr. Spinelli began by first apologizing for not being at earlier meetings. He explained that Saputo Foods is very concerned with Town issues and wants to be a part of the Hinesburg community. He introduced Tom Herbick, the new plant manager for the Hinesburg facility,

as the contact person for Hinesburg concerns.

Mr. Spinelli said that Saputo knows that noise is an issue for neighbors, and that they are looking for the best possible solution to resolve the problem. He presented a chart of different noise level readings that were taken at different locations at different times of day and night. They especially want to correct the noise levels at the Lyman residence and the Lyman-Day line. Audience member, David Lyman, said that at 4:00 a.m. this morning the noise was very noticeable from where he lives on Shelburne Falls Road.

Mr. Spinelli said that they wanted to solve the problem from where it is originating and he described some of the options Saputo has been considering: (1) installing a sound barrier wall, which they feel is the best option; (2) turn existing unit so that the fans are facing westbound, a more expensive option; and, (3) use centrifugal type fans, which can reduce noise levels 5 to 7 decibels, but their goal is to lower noise levels by 15 decibels. Saputo has talked to different suppliers of sound barrier walls, and they think they can achieve at a 15 to 20 decibel reduction. Mr. Spinelli showed a picture of barrier wall on a roof top, acoustical panels were installed around the unit. Mr. Spinelli stressed that Saputo is fundamentally committed to resolving the noise problem. They will start with one panel, then go to two panels, and three panels if need be.

George Bedard asked if they would also turn the fans westbound. Mr. Spinelli said it would be the next step if the panels don’t work. It’s just as expensive as installing panels and turning the fans may only divert the noise. The panels absorb sound. George Munson asked about the time frame. Mr. Spinelli said it would take 4 to 6 weeks to have the panels installed, and they could place the order by the end of this week. He is hoping that by the November 1st Planning Commission meeting, Saputo will be able to report that decibel levels around the cheese factory will all be in the 50's. Will Patten asked if the new tests will be taken at the same times as the original tests presented tonight. Mr. Spinelli replied yes. Mr. Spinelli explained that the panels will not be higher than the unit. A member of the audience asked if the panels would make the unit less efficient. Mr. Spinelli answered that if the panels are installed too close (3 feet) it would impact efficiency, that is why the panels will be placed 6 feet away from the unit. In closing discussions, Mr. Spinelli stressed that Saputo is in Hinesburg for the long-term and they will do whatever it takes to resolve the noise problem.

Jean Isham made the following motion:

The Hinesburg Planning Commission hereby approves a noise abatement plan as described by Saputo Foods which will include installation of acoustical panels for the new refrigeration unit fans next to the canal to reduce the maximum level of noise. The following conditions apply to this approval.

  1. The noise abatement structure shall be completed within 6 weeks of this approval.
  2. Upon completion of the noise abatement structure the applicant shall submit a noise monitoring report indicating the level of noise present at the Lyman and Day residences when the cooling unit fans are at maximum use. The Zoning Administrator shall review the report and verify the results with an independent noise test.
  3. The noise monitoring report and the Zoning Administrator comments shall be reviewed by the Planning Commission to determine if any further abatement measures are required. Adjoining landowners and interested parties will be notified.

George Bedard seconded, and it was unanimously approved.

Saputo Foods Site Plan Changes were then discussed.

Mr. Spinelli explained that Saputo Foods is looking at expanding the Hinesburg facility to accommodate another production line. This would mean hiring another 10 to 15 employees. They were originally planning on demolishing the whole front area of the plant, but because of the expansion plans they would need to keep some space in the front for a warehouse. One option would be to demolish the boiler room and an old service room. Saputo would then plant shrubs and grass in that area. Will Patten asked about the access road shown on the new plans. Mr. Spinelli explained it was strictly for the lift truck traffic, to prevent the lift trucks from having to drive on Route 116. Faith recommended that the Planning Commission only discuss the plans tonight and move for a continuance until the next meeting since the plans were received a little late and there wasn’t time for the Fire Department and Public Works to review them.

Mr. Spinelli addressed the soil contamination issues that were discussed at the September 6th meeting. He stressed that whatever contamination that is there has been there for many, many years; long before Saputo came to the location. Now Saputo is cleaning it up, as responsible community members. Removing contaminated soil is very expensive.

Will Patten asked if Saputo had enough septic capacity to handle their proposed growth. Mr. Spinelli said they did but they would like more septic capacity in the future. George Munson asked what the building would look like. Mr. Spinelli replied that it will be finished with a metal siding, the same color as the rest of the building.

Both Faith and Jean noted that the previously approved plan had quite a bit more landscaping than the new proposed plan. Mr. Spinelli said that the high expenses to remove the contaminated soils limited what they could spend on landscaping. He added that in the future, if they have extra funds, they will put in a sidewalk and more plantings. Mr. Spinelli thought a sidewalk on the Saputo side may not be safe with the milk trucks. It was agreed that Saputo will consider a sidewalk when Hinesburg is ready to implement its master plan for the village.

The Planning Commission members did not feel comfortable examining all the changes on the new plan, and George Munson suggested taking a site visit at the work session meeting October 18. George Bedard felt there were benefits to moving quickly on this, since the winter season is approaching limiting construction. George Munson was concerned about the view of the silos after the front is demolished. Fred suggested a plan showing elevation of the east side of the building to help illustrate what it will look like. Saputo Foods will try to prepare such a plan.

Jean scheduled a site visit of Saputo Foods for 5:00 p.m. on October 18th, before the Planning Commission work session meeting. Jean also moved to continue the Site Plan Review for Saputo Foods to November 1st. Will Patten seconded the motion, it was unanimously approved.

 

2. Paul Truax/Roy Bass - Septic System Follow-Up. Roy Bass came before the Planning Commission representing himself. Paul Truax was in the audience and stated that Mr. Bass is the land owner. Spencer Harris, a site technician from Vermont Contours joined Mr. Bass at the table. Mr. Bass said the house was built with great care for location. He had understood the builders could put in a gravity septic system rather than a pump system; it was easier and less expensive. Mr. Harris said that he independently verified test pit locations all around the existing system. Some soils were acceptable, some were not. Jean confirmed from Mr. Harris that the septic system that was installed does not meet State Standards.

Mr. Bass expressed his fears of losing his house if the cost of putting in a new system is too high. He isn’t sure if he can continue his construction loan. He proposed that he be granted a conditional Certificate of Occupancy so that he can get his mortgage. He noted that the house is where it should be, but the well was moved. Going back to the original septic plan would mean drilling another well which is too costly. Fred Haulenbeek asked who initiated the change in the location of the septic system. Mr. Bass responded that his contractor, Mr. Truax did and that it made sense to have a gravity flow system and not to have the well across the road.

It was noted that there is a good location for a septic system within 10 feet of the Hendel property line. Faith distributed copies of a letter from the Hendels. George Bedard suggested that the septic location may have to be on Lot E or Lot G, with an easement. Mr. Harris said there are likely to be other good soils on the property, but the acceptable soils below the house are limited. The Planning Commission members agreed they require a fully complying site. George Bedard said that there is a solution out there, and Mr. Bass needs to find it. If it can’t be resolved with the Hendels, then it should be found elsewhere. The engineers can resolve where the system should be. Paul Truax, from the audience, said he understood that John Stuart (the original engineer) would put together the design for Spencer Harris’ independent verification that would meet approval. Mr. Truax said he is not representing Richard Gadbois, Trustee (the owner of the subdivided land), and that everyone trusted John Stuart. George Bedard noted that the Planning Commission is looking for verification that John Stuart’s plan complies with state regulations. George Munson added that the Planning Commission cannot approve a septic system that they know won’t work. They cannot make a conditional approval, nor authorize a Certificate of Occupancy. Mr. Truax said that he felt coming to tonight’s meeting without a proposed plan would not resolve the issue. George Bedard stated that it is in everybody’s best interest to fix the problem and fix it fast. George also tried to reassure Mr. Bass that conversations with his lawyer would be helpful.

Faith summarized discussion so far by noting that (1) it was important tonight to hear that the soils are not acceptable; and (2) it was important to communicate to Mr. Bass how this has to be resolved. She understood the Planning Commission to say that either Mr. Bass needs to find a complying location on his property and obtain any necessary easements from adjoiners, or if those locations are not viable for any reason, the Planning Commission could possibly require that one of the approved septic locations for the other two lots in the subdivision, be made available to Mr. Bass. She said she would get legal advice on the latter approach

Mr. Bass asked if a temporary solution was viable. Mr. Harris suggested monitoring the wells to see if the groundwater around the septic system might be lowered after construction of the house and allow the soils to meet the regulations. Fred wondered if a bank would take on a mortgage under this situation. George Bedard restated that the best solution for Mr. Bass is a quick, simple and permanent solution - no monitoring the existing system or relocating of wells. Mr. Bass was worried about time frames, and Carrie Fenn told him that if he could give the Planning Commission a plan that complies at the October 18th meeting, then the Planning Commission would be happy to deal with it at their work session. Mr. Bass commented that John Stuart is not returning his phone calls.

Jean concluded that the Planning Commission would like Mr. Bass to come back with a proposal for a septic system that meets regulations. When the Planning Office receives the proposal, it will be scheduled for a Planning Commission meeting as soon as feasible.

 

3. Sleepy Hollow Ski and Bike Center - Site Plan Amendment for Snow Making. Eli and Dave Enman explained that they were seeking approval to install a quiet snowmaking system; build a 350,000 gallon pond; and dismantle a lighted trail loop and install a new lighted loop. George Bedard asked how close these projects were to people/neighbors. Eli Enman said the snowmaking system and loop are about a half mile from the nearest neighbor. Eli Enman added that the Ski and Bike Center is not planning on increasing traffic in the area. The snowmaking system is designed merely to keep the ski area open the entire winter (despite any lack of natural snow). Eli Enman said they had to go through Act 250 for the snowmaking and but probably not for the change in the lighted loop. If the Planning Commission approves their requests, then they can proceed. He also noted that the new light loop location is lower in elevation than the old location, so it will have less visual impact than the previously approved loop.

Faith asked about the noise of three fan units for the snowmaking system if run at the same time. Eli Enman wasn’t sure about the noise levels. He explained that the units are moveable. They weigh 600 pounds and have wheels, so they can be moved with tractors. These fans are quieter than traditional downhill ski area snow machines. The tractor moving them would be louder than the unit.

With no further questions, Jean Isham made the following motion:

The Hinesburg Planning Commission hereby grants site plan approval to the applicant for installation of a snowmaking system including a 350,000 gallon water storage pond and to change the location of the previously approved lit trails for the Sleepy Hollow Ski and Bike Center on Sherman Hollow Road. The snowmaking and lighting systems shall be as proposed by the applicant except as set forth herein. This approval is subject to the following conditions:

  1. All conditions of the October 3, 2000 Conditional Use Approval by the Hinesburg Zoning Board of Adjustment are hereby incorporated and all relevant conditions of the previous site plan approvals shall continue apply to this project.

George Bedard seconded the motion, and it was unanimously approved.

4. Morse/Collins - Simple Parceling and Development on Private Right of Way. Matthew Morse and Clifford Collins explained that they want to create a 6 acre residential lot for Mr. Morse, from a 36.5 acre lot owned by Mr. Collins. Carrie noted that except for the existing driveway, the lot would be landlocked. The existing driveway crosses a brook and would need to be widened to 18 feet. Mr. Morse said that he had an okay from the State saying that there were no concerns about wetlands. Mr. Morse and Mr. Collins presented a driveway maintenance agreement they have signed. Jean noted that road maintenance language will have to be in the deed. A gravel turnaround area for service vehicles was discussed. George Bedard suggested to Mr. Morse that test pits for septic systems be done now before further money is spent. Mr. Morse said it was scheduled for October 18th.

Faith stressed to Mr. Morse and Mr. Collins that it was important to show on the plat that the existing house is at least 60 feet from center of the right of way. Faith also reminded them of subdivision regulations about underground utilities and exterior lighting. Mr. Morse said that the house would not be visible from Lincoln Hill Road, even when the leaves are gone.

With no further questions, Jean Isham made the following motion:

The Hinesburg Planning Commission hereby grants approval to Matthew Morse and Clifford and Christine Collins for simple parceling of one new 6 acre single family residential lot to be divided from a 36.5 acre lot with an existing house, located at 2350 Lincoln Hill Road, and for development on a private right of way. The simple parceling shall be as shown on a plan dated 9/3/00. This approval shall be subject to the following conditions:

  1. Before a zoning permit is issued for this simple parcel, the applicant shall submit the following information to the Zoning Administrator:

    2. a. Evidenced required for the Collins lot in the "Policy on Septic System Requirements for New Lots with Existing Dwellings."

    b. Subdivision Permit from the State Wastewater Management Division for the new house lot.

    c. A survey plat showing the location of the 50' wide right-of-way with evidence of the required 60' setback from the center of the right-of-way to the Collins house.

  2. Deed language for the right of way and shared maintenance of same shall be submitted to the Planning Commission and approval obtained prior to the issuance of a zoning permit.
  3. Utility lines shall be placed underground as required in Section 7.9.1 of the Subdivision Regulations.
  4. All exterior lighting shall be installed or shielded in such a manner as to conceal light sources and reflector/refractor areas from view from points beyond the lot.
  5. The existing driveway to the Collins house will become a private road shared by both lots and as such shall be built in accordance with the Hinesburg Town road standards for a "lane", except that blacktop is not required. The road shall be built, maintained, and plowed with a traveled surface at least 18 ft. wide, and the road shall have at least 12 inches of gravel.
  6. Before obtaining a Certificate of Occupancy for the new lot, the owner of the land shall require that the contractor constructing the private road submit a letter to the Zoning Administrator stating that the road has been built in accordance with this approval and the standards specified in this condition. Where the roadway is being built in the location of a present roadway, the requirement of 12 inches of gravel can be reduced by the gravel presently located on the roadway. This shall only be done, however, if the contractor in his letter to the Zoning Administrator specifically states the location in which less than 12 inches of new gravel has been added, and provides an estimate (based on measurement, if this is feasible) of the amount of gravel located on the present roadway.
  7. No further subdivision of this property shall occur without review and approval of the Hinesburg Planning Commission.

Carrie Fenn seconded, and it was unanimously approved.

 

5. Renate Adamowicz - Development on a Class IV Road Review. (George Bedard recused himself from discussion.) Renate Adamowicz came before the Planning Commission seeking approval for development on a Class IV Road for a 30 acre parcel of land on Lavigne Hill Road..

It was noted that 3 culverts would be needed and will be dealt with on the town road cut permit. A discussion about deed language concerning road maintenance (even though there is just one property owner) was discussed. The impact of the terms "equal", "proportional", and "equitable" maintenance were weighed. It was decided that "equitable" would cover all options for maintenance.

Jean Isham then made the following motion:

The Hinesburg Planning Commission hereby grants approval to Renate Adamowicz for development on a Class IV Road serving one 30 acre single family residential lot currently owned by Ernest Giroux, located off of the Class IV portion of Lavigne Hill Road. This approval shall be as proposed by the applicant and subject to the following conditions:

  1. The Class IV Road will serve one residence and as such the travelled portion of the roadway shall be a minimum of 12 feet in width and shall have at least 12 inches of gravel.
  2. Before obtaining a Zoning Permit the applicant shall obtain road cut approval and shall comply with all Selectboard requirements.
  3. The cost of maintaining, repairing and snow-plowing the portion of the Class IV Road that serves the lot shall be shared with any other or future property owners who use the Class IV road for access.
  4. The proposed deed language setting forth the method of sharing the maintenance, repair, snow plowing and any other expenses for the common portion of the roadway shall be included in the deed for this parcel.
  5. The sample deed language concerning development on a Class IV Road and shared costs of maintaining same are approved as modified.
  6. A copy of the conditions of approval shall be recorded in the Hinesburg Land Records within 90 days of this approval.

The motion was seconded and approved.

6. Miscellaneous

Jean Isham moved the approve the minutes of September 20th as corrected. Fred Haulenbeek seconded, and it was unanimously approved.

Faith described the approval request by the Hinesburg Conservation Commission for voice amplified sound at a drama event at Geprags. The Conservation Commission also wanted to inform the Planning Commission that a port-a-let will be on site. Faith said that since the Great Pumpkin Dilemma is scheduled for mid-October, and the letter requesting Planning Commission approval of the amplified sound was received today, there was not sufficient time to notify the neighbors. George Bedard noted that this was a one-time event, the Conservation Commission could send letters to neighbors about the voice amplified sound before the event. Neighbors should feel free to notify the Town if they have any problems with the noise and their concerns can be discussed before any future events are permitted.

Jean Isham made the following motion:

Pursuant to the Hinesburg Conservation Commission letter of October 3, 2000, the Hinesburg Planning Commission grants permission for amplified sound for The Great Pumpkin Dilemma scheduled for October 13 and 14 at Geprags Park. Written notification shall be sent to the nearby neighbors by the Conservation Commission.

George Munson seconded, and it was unanimously approved.

The meeting adjourned at 10:10 pm.

Respectfully submitted,

 

Sally Kimball, Recording Secretary