HINESBURG PLANNING COMMISSION
Minutes of February 7, 2001
APPROVED
Present:
Ted Bloomhardt, Roger Kohn, John Mace, Jean Isham, George Bedard, Carrie
Fenn, Fred Haulenbeek, George Munson, and Will Patten. Also Faith Ingulsrud, Town
Planner
Members
Absent:
none
Members of the
Audience:
Warren Palmer, Howard Riggs, Andy and Jeane Hubinger, Tim Hultgren, Grant
MacLean, Veronica and Dave Estey, Andy Seaton, Tim Ayer, Rodney
Churchill
1.
Howard Riggs - Public Hearing for
Re-Subdivision of Commercial Lot.
Ted Bloomhardt opened the public hearing for the re-subdivision of a 9
acre commercial lot. Mr. Riggs
obtained re-approval on August 2, 2000 but did not file the plat within 90 days
as required by state law. Mr. Riggs
explained that nothing has changed since the re-approval.
With no comments
from the audience, Ted closed the public hearing and made the following
motion:
The Hinesburg
Planning Commission hereby grants re-subdivision approval to Howard Riggs for an
8.99 acre commercial lot approved on August 2, 2000. The final plat approval expired because
the plat was not filed within 90 days of the final plat approval. All conditions of the August 2, 2000
final plat approval are incorporated into this re-subdivision approval with
special attention to item #3 regarding final plat
recording.
Jean Isham
seconded, it was unanimously approved with the exception of Roger Kohn who
recused himself from the vote.
2. MacLean/Hultgren - Sketch Plan
Review. Tim Hultgren
described his proposal to create 3.2 acre house lot from a 100+ acre lot owned
by his in-laws, the MacLeans. He
proposes to build a 3 bedroom single family home. Mr. Hultgren said the road is improved
up to the last house on Hayden Hill.
The owners of that house, Andy and Jeane Hubinger, were in the
audience. Mr. Hubinger explained
that he was asked to widen his driveway by the Road Foreman so that maintenance
vehicles could turn around. It was
noted that from Texas Hill Road to just before the Hultgren proposed lot, the
road appears to be 18 feet wide and it gets graded and plowed. A good portion of the road is Class 3;
it is Class 4 beyond the log home all the way to Hayden Hill West. Mr. Hultgren’s proposed driveway
is located directly across from the Town Forest entrance. Ted said that the shared portion of the
Class IV road needs to be 18 feet wide.
Mr. Hubinger
added that he had wanted Mr. Hultgren’s house site to be further up in the
lot. Mr. Hubinger had offered to
allow Mr. Hultgren’s septic to be built on his field rather than on the proposed
site in an effort to get Mr. Hultgren build his house out of Mr. Hubinger’s line
of vision. Mr. Hultgren responded
that he likes his proposed house placement and it is the furthest from Mr.
Hubinger’s house as it can be.
Another member
of the audience (also a resident of the neighborhood) asked if future
subdivision of the MacLean lot is possible. Ted noted that it is 3 acre lot zoning
in that area and that the Hultgren lot meets all the configurations of the
ordinances Hinesburg has in place.
Carrie Fenn asked about logging in the town forest. Faith said that she checked with Steve
Russell on that. He said they are
finishing-up an intense logging stage right now in the Hayden Hill Road East
area and then the logging will move on to another part of the property.
Mr. Hultgren
said he had not yet surveyed the lot.
Faith advised him to request a waiver from having to survey the entire
100+ acres. John Mace thought the
house location would be dependent on the location of the well. Roger asked Mr. Hultgren about the old
cemetery on his lot. He said his
house would be pretty far from it, and he may put a fence around it. He intended to preserve the cemetery
.
Will Patten
suggested a buffer zone between the Hultgren and Hubinger lots. The Hubingers said they were concerned
about a lack of buffer. In the
winter they will be able to see his house, but not so much in the summer. The Hubingers are also concerned about
other possible grave sites on the hill.
Mr. Hultgren said he is building slightly into the hill, he will have a
walkout basement. He also said he
needs to clear trees for septic and his front yard.
With no further
questions regarding the sketch plan, Ted Bloomhardt made the following
motion:
The Hinesburg
Planning Commission hereby grants sketch plan approval to Grant and Marceline
MacLean and Timothy Hultgren for subdivision of one 3.2 acre residential lot
from a 100+ acre parcel owned by the MacLeans located off of Hayden Hill
Road. The subdivision shall be as
proposed by the applicant and shall be subject to the following
conditions:
1.
The applicant
shall meet all the final plat application submission requirements for Minor
Subdivisions as listed in Section 4.2 of the Subdivision
Regulations.
1.
A roadcut
permit shall be obtained from the Selectboard for the access across the Class IV
road.
2.
A condition
regarding improvement of the Class IV road will be made at final
plat.
3.
The applicant
shall provide a proposed buffer area for the northeast corner of the
lot.
4.
The requirement
to survey the whole 100 acre property is waived.
Before being
seconded, Roger asked if maintenance of the roadway should be a condition of
approval or in the deed language.
Faith suggested the Road Foreman should confirm that it is 18 feet
wide. Jean asked if a buffer zone
should be part of the conditions.
Roger thought the final plat could show a proposed buffer zone. It would make sense for Mr. Hultgren to
suggest where he wants it located.
Fred Haulenbeek asked why the burden of a buffer zone falls on the new
builder and not the home owners of the already existing house. Roger noted that the Planning Commission
is not asking anyone to “create” screening or remove a feature that is currently
there, just maintain what is there.
Mr. Hultgren said he doesn’t like the idea of someone telling him what to
do with his land.
George Munson
seconded the motion, and it was unanimously approved with the exception of
George Bedard who recused himself from the vote.
3. Esteys - Site Plan Amendment. The Esteys came before the Planning
Commission seeking site plan approval for the as-built design of Fire House
Plaza. The approved site plan is
different from what was actually constructed and a number of site plan changes
were approved on condition that all the changes be shown on an accurate as-built
site plan. Firehouse Plaza has been
operating without a Certificate of Occupancy.
Before reviewing the
new site plan, Ronnie Estey requested she be granted a Certificate of Occupancy
(C.O.) at tonight’s meeting. Ted
explained that the Planning Commission does not issue Certificate of
Occupancies, and she would have to see the Zoning Administrator. Ted suggested they either address the
site plan review at tonight’s meeting, or that the Esteys could start all over
and see the Zoning Administrator about a C.O. Faith suggested that everyone go through
the Planning Commission approval that was revised May 15, 1996, item by item, to
delete what doesn’t apply, so that the Zoning Administrator could issue a
C.O.
With everyone in
agreement with Faith’s suggestion, the May 15, 1996 approval was discussed in
depth item by item. Both the Esteys
and the Planning Commission will review a new draft before final approval.
Highlights of the
discussion include:
- actual number of current parking spaces and
reserved future parking spaces.
-
The exact location of the garden area and the issue of outside storage of
bagged goods. It was determined
that the garden center shall be designated as an area along the west side of the
building between the canopy and the gravel internal driveway. Bagged goods can be stored under the
canopy. Mrs. Estey said the bagged
goods are merchandise on display, not storage items. She also described the use of bagged
goods on pallets stacked closely together in the area between the garden center
and the used car lot as serving as a barrier to stop
theft.
- The Esteys will have the site plan revised
to include labels for: possible future sign location; the grass areas;
cross-walks on the driveways, garden center location and label and arrows
showing circulation in parking lot.
4. United Church - Site Plan Review. Rod Churchill and Andy Seaton representing
the United Church of Hinesburg Board of Trustees described the proposed 1,200
sq. ft. addition to the back of the parish hall. The addition will have a slab foundation
and will not be built over the town sewer line. The addition is designed to give more
space for Sunday School classes and will be a big, open room with temporary
partitions. Doors will be on each
end. Everything else will remain
the same.
Roger made the
following motion:
The Hinesburg
Planning Commission hereby grants site plan approval to the United Church to
construct an addition to the west side of the parish hall approximately 1,200
sq. ft. in size. The addition will
be used for new classroom space to replace classrooms currently located in the
church basement. The site plan
shall be as proposed by the applicant except as set forth herein. This approval is subject to the
following conditions:
1.
If experience
indicates inadequate parking or unsafe traffic flow, the applicant shall
immediately present proposed modifications of the site plan to the Hinesburg
Planning Commission, and obtain approval of it.
2.
If any exterior
lighting is installed at the entrances to the parish hall, the light fixtures
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 applicant
shall obtain a zoning permit from the zoning administrator prior to
construction.
5. Warren Palmer - Revision to Bedard
Subdivision. (Both George Bedard and Roger Kohn
recused themselves from discussion.)
Mr. Palmer described his proposal to move the building envelope of the
lot he purchased (Lot 1 of the Bedard subdivision on Texas Hill Road) further
back into the lot about 250 feet.
He said that moving the envelope back will make it possible to keep more
screening along the road. Fred
thought the biggest issue was the added length of the driveway and the extra
drainage. George Bedard said the
extra drainage will be deflected onto the land above the power line. Carrie asked about the location of the
wetlands. The driveway will impact
a small area of soft land, but the building envelope itself is all on hard
ground. 18 inch vs. 15 inch
culverts were discussed. It is more
likely the area will have to be excavated to place the culvert. Will Patten asked about impact to
deer. Deer do pass through the lot,
but there is no yarding. The Lot 2
building envelope will not be impacted by the new envelope location of Lot
1.
With no further
discussion, Ted Bloomhardt made the following motion:
The Hinesburg
Planning Commission hereby revises the November 1, 2000, Final Plat Approval for
the 3-lot Subdivision by George Bedard on Texas Hill Road, to change the
location of the building envelope on Lot #1. The revised building envelope location
shall be as shown on the Plat of the subdivision dated 10/8/00, last revised
1/22/01 and on a site plan of the subdivision last revised 2/5/01, and shall be
subject to the following conditions:
1.
All other
conditions of the November 1, 2000 Final Plat shall remain in
effect.
2.
Wetlands
impacts shall be dealt with in accordance with the December 18, 2000 letter from
Peter E. Keibel, District Wetland Ecologist.
3.
Appropriately
sized culverts shall be installed under the driveway where it crosses the wet
area near the home site.
Will Patten
seconded the motion. It was
unanimously approved, with the exceptions of George Bedard and Roger Kohn who
both recused themselves from the vote.
6. Ayers - Simple Parceling. Tim Ayer came
before the Planning Commission to present his proposal for simple parceling of a
2.09 acre lot. The originally
approved lot is being swapped for this newly created lot. Roger pointed out that this is really
not swapping, but that the Planning Commission would be approving a new Lot 3.
Faith said the driveway would have to be widened to 18 feet up to the
existing house and then the remaining driveway to Lot 3 should be 12 feet wide. Mr. Ayer said the septic would have to
pump up, and the utilities are underground on Lot 3.
Ted Bloomhardt
made the following motion which is attached to the end of these minutes.
Before being
seconded, Roger asked that a condition be added regarding submittal of deed
language for a common disposal pipeline easement. This was incorporated into the
approval. John Mace seconded
the motion, and was unanimously approved with the exception of George Bedard who
recused himself from the vote.
7. Follow-up to Previous Review (Erb, Bass,
Donato, Gardner)
Faith
distributed copies of a letter from Steve and Lisa Carlson regarding the Rich
Donato camp conversion request. She
asked that Planning Commission members read the letter for the work session
meeting of February 21st.
A site visit will be scheduled in the future.
Faith will run
the deed language for the Erb Lot’s new septic and well areas by Jean
Isham. The deed language needs
Planning Commission approval.
The Gardners
have submitted an as-built plan showing trees. George Bedard said the roadside boundary
is missing. The front yard, Route
116 setback of 50 feet is required.
George said this requirement is necessary and it will aid the Gardners as
much as anyone.
Faith said that
Roy Bass did not file his plat in the Town Records within the time required in
the conditions of his subdivision revision approval. Roger Kohn moved that the Hinesburg
Planning Commission approval granted to Roger A. Gadbois, Trustee for Lot F be
modified to require the condition for the plat to be filed by February 28,
2001. John Mace seconded, and it
was unanimously approved.
The meeting
adjourned at 11:05
pm.
Respectfully
submitted,
Sally Kimball,
Recording Secretary
HINESBURG
PLANNING COMMISSION
AYER - SIMPLE PARCEL APPROVAL
February 7, 2001
The Hinesburg
Planning Commission hereby grants approval to Raymond and Ruth Ayer for simple
parceling of one new 2.09 acre single family residential lot located on a 50'
wide private right-of-way on the east side of Gilman Road. The lot will be created from the Cedar
Knoll Country Club property. The
new lot to be simple parceled, Lot #3, shall be as shown on a plan titled “Lot
#3 Relocation - Part of Raymond H. and Ruth M. Ayer Property” and dated
10/10/’89, last revised 1/28/01, and includes a 20' wide pipeline easement and
septic disposal area easement on Lot #2.
This approval shall be subject to the following
conditions:
1.
What had been
shown as Lot #3, part of a 2-lot subdivision plat approval on April 3, 1989 is
no longer an approved lot. The 2.47
acres associated with the previously approved Lot #3 shall become part of the
Cedar Knoll Country Club Property, and no Zoning Permit may be issued for a new
dwelling on the land without subdivision approval by the Planning Commission.
2.
Before a zoning
permit is issued for this simple parcel, the applicant shall submit the
following information to the Zoning Administrator:
a.
Subdivision Permit from the State Wastewater Management Division.
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.
A roadway
serving more than one lot is proposed.
The shared portion of the road 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. The driveway portion of the roadway
serving this Lot shall be at least 12 feet wide with at least 12 inches of
gravel.
6.
Before
obtaining a Certificate of Occupancy for Lot #3, the owner of the land shall
require that the contractor constructing the 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. If 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.
The deed for
the Lot shall include deed language consistent with language previously approved
by the Planning Commission for Lot #2.
8.
Deed language
shall be submitted to the Planning Commission detailing the disposal area and
pipeline easements and approval obtained.
9.
The mylar of
this subdivision and a copy of the conditions of approval shall be recorded in
the Hinesburg Land Records within 90 days of this approval. The language required in Section
3.3.2(3) of the Subdivision Regulations shall be added to the plat before
filing.
10.
No further
subdivision of this property shall occur without review and approval of the
Hinesburg Planning Commission.
The above motion was
passed by the Hinesburg Planning Commission on February 7,
2001.
_____________________________
Theodore Bloomhardt,
Chairman
Hinesburg Planning
Commission