HINESBURG PLANNING COMMISSION
Minutes of December 6, 2000
APPROVED
Present:
Ted Bloomhardt, Roger Kohn, Jean Isham, George Bedard, Carrie Fenn, Fred
Haulenbeek, George Munson, and Will Patten. Also Faith Ingulsrud, Town
Planner
Members
Absent:
John Mace
Members of the
Audience:
Michael Hayes, David Lyman, John Lyman, Marcia
Pierce,
Nicholas Lajoie,
Carl Colizza, Thomas Herbick, Tim Ayer, Raymond Ayer, Marie Ayer, Tom Ayer, Rich
Donato.
1.
Saputo Cheese - Site Plan Review and
Recap of Noise Status. Ted
Bloomhardt opened the site plan review for changes to the front of the Cheese
Factory. Carl Colizza, of Saputo
Cheese, presented the revised site plan.
He explained that since the conceptual plan presented at the last
meeting, the plan has been changed to show some designated parking areas, moved
some landscaping, added a public sidewalk and made the fire access road 12 feet
wide. Mr. Colizza asked for
clarification of the fire access road.
George Bedard said it would be used for laying fire hose. Mr. Colizza said the road would be
paved and curbed. He noted that
forklifts do better on paved surfaces.
Roger Kohn asked if the Fire Department really needed a 12 foot wide
paved road. Faith asked why the road was curbed. Curbing would cause stormwater runoff to
flow into drains that go to the wastewater plant, or out to the creek. Mr. Colizza said the State stormwater
permitting was not required for this type of project, but that Saputo had their
own stormwater policy. Faith
thought the Act 250 Office might have some concerns with the change in the site
plan along the canal. Mr. Colizza
said he would check with the Act 250 office.
Jean Isham asked
about trees and visibility on Route 116 for trucks exiting the driveway. Faith explained that the trees in
question (because of the hill and curve) are town trees, and the town is still
studying the sight lines. Faith
asked about three established fir trees on Saputo’s property. Mr. Colizza was not sure if they could
be preserved when the foundation is removed because heavy equipment may need to
be used around the trees. He noted
that Saputo is flexible about landscaping and that the three fir trees and
others could be transplanted. When
the sidewalk is installed, Saputo could put trees/landscaping where needed. Mr. Colizza also noted that when
the sidewalk is installed it may interfere with the roots of the existing
trees. Faith said the Town would
work with Saputo if there is a problem with the Town’s trees interfering with
construction.
Mr. Colizza
explained the metal siding on the building will remain and new siding that
matches the existing siding will be put over the brick and wood facing. George Munson asked about the side of
the building facing Route 116. Will
Patten suggested making the facade a visual presentation that would add to the
village landscape. Mr. Colizza
suggested acrylic coating over plywood, with molding perhaps. He added that he wasn’t sure if that is
the image the Town wants, but he didn’t want to give it the impression that it
was the main entrance. He said that
part of the building is not an office, but warehousing. Faith suggested finding room for a
planting bed in front of the facade.
George Bedard proposed a sign located above the small door. Roger Kohn asked that this be a separate
condition of approval, and that Saputo come back with a site plan for the
facade.
Roger asked
about a landscaped island in the parking lot that was shown on the originally
approved site. He thought it was a
mistake to remove it. Mr. Colizza
said the entire parking lot will be repaved and their will be stripes indicating
parking spaces. He felt an island
served no real purpose: landscaping will do the job of blocking the view of the
building; striping will help direct traffic. Fred Haulenbeek added that an island
would force the parking lot to be moved north into green space. Roger asked if there was a zoning issue
with curb cuts. Faith said there
was no clear requirement for driveway width. George Bedard said that since trucks
need to get in the parking lot, pull up and back up, an island would be an
obstacle to the day-to-day truck traffic. Will Patten agreed with
George. Fred added that this was
not a public parking lot. It is
used by the same people, who park in the same spots everyday. There isn’t a need to be concerned about
new people unfamiliar with where to park.
Faith proposed relocating some trees closer to the parking lot to provide
some shade. Carrie Fenn agreed with
Faith. Roger confirmed that the 32
parking spaces in the lot immediately south of the cheese factory had been
discussed before and the number of spaces in location were previously
approved.
David Lyman, a
member of the audience, expressed his concern about new plantings that would cut
down the visibility of Lyman Storage.
He didn’t want landscaping to obstruct site vision of traffic pulling out
of Lyman Storage going north.
John Lyman, a
member of the audience and neighbor to Saputo Cheese, asked if there would be
any landscaping on the north side of the building. Mr. Colizza said no landscaping was
planned at this time because of soil conditions and the shady, rocky area
there. John Lyman was concerned
about future erosion. He noted that
erosion currently was not a problem.
Faith thought maybe there was a need for an evaluation of that area. She too noted it was mostly rocky with
shrubby trees.
Ted asked for
the status of demolition. Mr.
Colizza said phase one was complete, the soil remediation was complete, and
landscape completion should be in June/July. Ted also noted there should be a painted
crosswalk across the driveway to help identify it as a pedestrian
area.
With no further
questions, Ted Bloomhardt made the following motion which is attached to the end
of these minutes.
Faith asked if
Saputo could change their scale of the site plan from 1 inch equaling 32 feet,
to 1 inch equaling 30 feet. Jean
Isham asked if Saputo would be looking for signs of erosion on the north side of
the building. Mr. Colizza said that
is part of their pollution prevention policy already.
With those
concerns addressed, Will Patten seconded the motion and it was unanimously
approved.
The noise issues
were then discussed. Saputo had
submitted noise test taken after installation of the sound barrier around the
new cooling fans on the north side of the building. Faith passed out a chart of decibel
readings prepared by Saputo showing reductions of decibel levels in all areas
around the cheese factory. Mr.
Colizza noted that background sound of the Town is equal to the sound of the
plant running with sound barriers up.
Audience member, David Lyman, said the sound is worse than before at his
house on Shelburne Falls Road.
Plant Manager, Tom Herbick, said that the sound barrier is supposed to
absorb sound, not deflect it. Faith
said that Jerry Wetzel took sound readings on his own and got readings of 65
decibels, mostly created by background noise. Faith noted that Mr. Wetzel also tested
David Lyman’s location and did not find high decibel readings. She said Mr. Wetzel felt there was
significant improvement in the noise abatement since the barriers were
installed. Mr. Lyman said the noise
is noticeable at night and keeps people awake. Faith commented that there is no
baseline test results for Mr. Lyman’s location. Ted guessed that the decibel levels are
very low, but that Hinesburg is a quiet town, you can hear farmers running
manure spreaders five miles away.
Mr. Herbick thought that maybe with the leaves on the trees gone in
winter, one would be more aware of noise now.
Will Patten said
the initial noise problem was resolved, but now we have a new complaint. George Munson added that we need
baseline readings from David Lyman’s residence for the record. Roger said that the Planning Commission
is pleased with the efforts being made by Saputo, and is pleased improvements
have been made, but they want some more readings done along Shelburne Falls
Road.
2. Marcia Pierce - Site Plan Review. Marcia Pierce explained that she is
seeking site plan approval to use two of her three bedrooms in her existing
house on Lewis Creek Road for a bed and breakfast. Her house is located in the middle of 26
acres of woods. She is not looking
for “off the road” business, her
brochure doesn’t give specific directions. The bed and breakfast would be a
seasonal business from May to October, and she is not proposing any lighting for
the sign.
Roger Kohn made
the following motion. George Munson
asked if approval was needed for a sign for a home
occupation.
The Hinesburg
Planning Commission hereby grants site plan approval to Marcia Pierce for a
2-room tourist home at her residence at 693 Lewis Creek Road. No changes to the existing residence are
proposed for this use and none are required. The site plan 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 11/4/00 Conditional Use Approval from the Zoning Board of Adjustment are
hereby incorporated.
2.
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.
3.
The Planning
Commission grants approval, if Planning Commission approval is required, for a
wooden, unlighted, free standing sign not to exceed 12" x 18" and under 6' high
near the roadway.
Jean Isham seconded,
and then re-seconded the amended motion.
It was unanimously approved.
3. Michael Hayes - Development on a Private
Right-of-Way. Michael Hayes came before the Planning
Commission seeking approval for a right-of-way to access his house on Pond Brook
Road from a new location to the west of the existing driveway. He said that his existing driveway is
impassable in the winter because it is too steep. He noted the driveway is a hazard due to
water runoff. Mr. Hayes said there
is an existing logging road used by Vermont Electric Coop that would be much
more suitable. Roger reviewed the
Vermont Electric Coop deed and said that although it could have been better
worded, it was okay.
Roger Kohn made the
following motion:
The Hinesburg
Planning Commission hereby grants approval
to Michael Hayes for development on a private right-of-way serving one
single family residence located at 1079 Pond Brook Road (parcel
#15-20-58.42). This approval
supercedes the 6/7/95 development on a private right-of-way approval for the
Hayes residence and shall be subject to the following
conditions:
1.
The new roadway
easement shall be as described in a right-of-way easement from Vermont Electric
Cooperative Inc. to Michael Hayes and dated October 16, 2000.
2.
The
right-of-way will serve one
residence and as such the travelled portion of the roadway shall be a
minimum of 12 feet in width with a minimum of 12" of
gravel.
3.
The
driveway in the previously approved right-of-way shall be seeded and mulched to
prevent erosion
4.
The deed
shall be recorded in Hinesburg Land Records. If a transfer tax return shall be
required, it shall be obtained.
George Munson
seconded, and then re-seconded the motion after discussion about the deed being
recorded. It was unanimously
approved.
4. Raymond Ayer - Development on a Private
Right-of-Way and Subdivision Revision.
(George Bedard recused himself from discussion). Raymond Ayer and his two sons Tom and
Tim came before the Planning Commission seeking approval for two separate
projects for their house sites.
The first project is
a proposal to move a pre-approved lot (Lot #3 of a 2-lot subdivision approved in
April 1991) on Gilman Road, closer to the golf course. There will have to be an easement to Lot
#2 for septic, if the old location of Lot #3 goes away. Faith asked the Planning Commission what
they thought the procedure should be for moving a lot in an approved
subdivision. It could be a
subdivision revision, or a re-subdivision which requires a final plat review, or
simple parceling.
Roger suggested
creating a new lot with the condition the old lot goes away. Simple parceling can occur once every 10
years, and eliminates the need to warn a public hearing. A re-subdivision would require a
warning. Ted noted the Ayers are
using the same septic area from the previous subdivision. Roger commented that either way, the
Planning Commission can’t give approval without seeing a plat showing
easements. He offered that either
the Ayers come back with a plat for simple parceling, or they come back with a
re-subdivision proposal and deed language.
There should be wording on the plat regarding previous lot approval. It was decided to treat the
project as simple parceling.
After reviewing the
second project concerning an easement on a 5.8 acre parcel on the east side of
Route 116, Roger determined that Planning Commission approval was not needed
since the Ayers own the land under the right-of-way.
Roger Kohn
moved:
The Hinesburg
Planning Commission looked at this request, and because access is over their own
property, it does not appear that approval for a private right-of-way is
required.
Carrie Fenn
seconded, and it was unanimously approved, with George Bedard recusing himself
from the vote.
5. Rich Donato - Continuation of Camp
Conversion Access Review. Review of the access to Rich
Donato’s camp was continued from the November 1st meeting pending submission of
a more detailed sketch showing the road in relation to property lines and
buildings. Faith showed the
Planning Commission three different maps: one showing septic; Johnny Mead’s
survey; and a right-of-way map drawn by Rod Orvis. Mr. Donato said he had purchased the ROW
from Terry Allen.
Both George Bedard
and George Munson said they had visited the site separately and neither thought
the access road was sufficient.
They felt the road width was going to be an issue as more year-round use
is granted. George Munson said he
could foresee ten houses going to year round status quickly, and that he
couldn’t find a good place for his truck to turn around. He said a fire department truck could
never pass another vehicle in this road.
Roger felt there
were two issues: (1) the ROW easement to the camp does not match the existing
access; and, (2) width of the existing roadway going out to Pond Brook
Road.
George Bedard said
that Sunset Lane East formed an association to fix their road and maintain
it. There is an opportunity for Mr.
Donato and his neighbors to get a similar association structured now. The road needs to be widened to allow
two cars to pass each other. The
physical widening is not a big deal, but there needs to be land owner
cooperation since the right-of-way is only 15' wide.
Mr. Donato said the
road to his mother’s house was approved, and that Al Barber said there wasn’t a
problem with the road. Roger said
the Planning Commission approved it with conditions about a neighborhood
agreement. This agreement should
also cover easements to the right-of-way.
The pre-existing 15' ROW could be widened to 18' in stead of the 50' ROW
normally required. Roger asked Mr.
Donato if he thought the neighbors could get together and come to
agreement. George Bedard offered to
walk through the area with Mr. Donato to show him which trees might be removed
to widen the road to18 feet. George
said the Planning Commission is asking Mr. Donato to address the community
problem: the road needs to be wider; and, the easements to ROW need to be
improved. Mr. Donato can then come
back to the Planning Commission to inform them what can or cannot happen. George said it would be to all the land
owners’ advantage to cooperate in widening the road and establishing proper
rights-of-way for access.
Ted said there ought
to be the ability to get in and out of Mr. Donato’s lot on deeded land. George Bedard added, that those
easements should provide for the proper widths and proper turnarounds. Mr. Donato wasn’t sure if his neighbors,
the Nelsons, wanted to do anything about this.
Ted Bloomhardt then
moved:
The Hinesburg
Planning Commission agrees to deny approval to access of Lot #32 due to status of roadway to Pond Brook
Road with applicant permitted to return with different proposal without repaying
the fee.
Jean Isham seconded,
and it was unanimously approved.
6. George Bedard - Subdivision
Revisions. (Roger Kohn recused himself from
discussion) Mr. Bedard
described the changes requested for the
3-lot subdivision on Texas Hill Road that was approved November
1st. The driveway
locations were added to the plat.
The purchaser of Lot 2 wants the building envelope moved further up the
lot. Road Foreman, Mike Anthony
felt that the ditching condition should be changed. Mr. Anthony’s comments for new ditching
requirements for each driveway are described in a letter by George Bedard to the
Hinesburg Planning Commission dated November 17, 2000.
Ted Bloomhardt made
the following motion:
The Hinesburg
Planning Commission agrees to revise Final Plat Approval to approve the change
in the building envelope in Lot 2 and change the wording in Condition 10(b) to
read: “Ditching along Texas Hill Road will be accomplished as dictated by the
requirements of each lots driveway permit.
All work will be coordinated with Highway Foreman Michael Anthony
including final approval and acceptance before a certificate of occupancy is
issued for each lot.”
Fred Haulenbeek
seconded the motion, and it was unanimously approved, with the exception of
Roger Kohn who recused himself from the vote.
The meeting
adjourned at 10:50
pm.
Respectfully
submitted,
Sally Kimball,
Recording Secretary
HINESBURG PLANNING
COMMISSION
Site Plan Approval Amendment for Saputo
Cheese USA Inc.
May 20, 2001
The Hinesburg
Planning Commission hereby approves an amended site plan, numbered 005, as
proposed by Saputo Cheese USA Inc., for the front of the cheese factory
property, revising the site plan approval of November 18, 1998. This approval is subject to the
following conditions:
5.
All conditions
of the 11/18/98 Site Plan Approval shall continue to apply to this project
except with the following changes to those conditions (new text shown
in underline, original text removed shown in
strikeout):
6.
All landscaping approved on this plan shall be maintained and any plants
that die shall be promptly replaced.
The existing landscaping on the north side of the Route 116 exit shall
be filled in where necessary.
9.
All underground pipes and tanks shall be removed from the area where the
buildings are being demolished. All
debris shall be completely removed within 6 9 months of this
approval, and shall be disposed of in a manner that meets State solid waste
disposal regulations. The
landscaping shall be installed and the sitework completed by the end of the
1999 planting season June, 2001.
16.
The curb along Route 116 shall extend to the driveway and shall be
ramped at that location. A
painted crosswalk shall be maintained across the main driveway to the sidewalk
and the sidewalk shall be ramped to the crosswalk. If the applicant believes this
curbing condition is inappropriate, it may provide reasons to the Planning
Commission and request a change in this
17.
Gravel access to the north shall be of a receding color so as to not
stand out.
6.
A revised site
plan shall be submitted and approved within 60 days that shows the following
changes:
a.
The northeast corner of the building shown as it exists.
b.
Proposed improvements to the eroded bank between the northeast corner of
the building and the canal and any other erosion problem and mitigation required
along the north side of the building.
c.
Adjust the landscaping and sidewalk to incorporate existing fir trees and
planting bed to the extent possible and to provide plants for shade and
screening around the front parking lot.
1.
Two additional
trees shall be located on the north side of the new parking spaces. The new southern most trees on the
island near the parking lot entrance may be moved west to the west corner of the
island.
2.
The forklift
access drive shall be paved 8' wide with a 12' wide base to allow for emergency
fire access.
7.
The applicant
shall return to the Planning Commission within 60 days with a proposal to
improve the appearance of the front of the building facing Mechanicsville Road
with architectural features and/or foundation plantings, and shall obtain
Planning Commission approval of the plan.
The above motion was
passed by the Hinesburg Planning Commission on December 6,
2000.
_____________________________
Theodore Bloomhardt,
Chairman
Hinesburg Planning
Commission