HINESBURG PLANNING COMMISSION

                                                        Minutes of November 7, 2001

 APPROVED November 28, 2001

 

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:        Tim Hultgren, Marcelene MacLean, Daryl and Jennifer Miller, Ann Thomas, Lisa Beliveau, Patricia Drew, Holly and Dan Boardman

 

 

1.  Miller/MacLean Final Plat Review.  Ted Bloomhardt opened the public hearing for the final plat review for the Minor Subdivision of the MacLean parcel on the Class IV portion of Hayden Hill Road. (George Bedard recused himself from the discussion.)  Daryl Miller explained that the road had been widened to 14 feet and ditched from the Hultgren drive up to his drive.  The road is almost 18 feet wide with the ditches.  Mr. Miller also leveled off an area near the top of the road and removed all the junk that has been dumped there over the years.  Mr. Miller said that per Mike Anthony’s request, he will put in two culverts, one in his driveway, and one in the road near the Hultgren drive.  Ted verified that Mr. Miller was agreeable to proportionate sharing for road maintenance and that it would be in the deed language.  Ted also confirmed that the septic system is designed for a 3 bedroom house.  Carrie Fenn noted for the applicant’s information, that there is a history of poor water in that area.

 

Ted closed the public hearing, and with no further discussion from the board, made the following motion which is attached to these minutes.   Jean Isham seconded the motion, and it was unanimously approved, with the exception of George Bedard who recused himself from the vote.

 

 

2.  Holly Boardman - Site Plan Review.  Holly Boardman, together with her husband Dan, came before the Planning Commission to seek site plan approval to operate her Clover Creek business in the former library building in the Village.  The biggest concern with this site is the parking.  Ms. Boardman explained that she has recently purchased the building and has been moving her business there over the past week.  She noted that parking has not been an issue for the neighbors.  Faith explained that Ralph Sumner, who owns the neighboring “O’Brien Building,” went to the Zoning Board last night to confirm that his conditional use approval for converting the retail space into a residence, is still viable without grassing-in the shared driveway in front of the building.  The driveway needs to be shared in order for Ms. Boardman to use her building.  Ted commented that the shared driveway and parking spaces worked when the building was occupied by the Library.

 

Faith said that even though there is an existing sidewalk on the property, in the future, there may be a new sidewalk closer to the street, as well as on-street parking.  Mr. Boardman said they planned to remove the old rotted tree that hangs over Mr. Sumner’s property.  Mr. Boardman also asked about driveway access if Mr. Sumner blocked the driveway.  Roger suggested that the Boardman’s work out a legal agreement with Mr. Sumner now, since he has the building for sale.

Carrie Fenn asked about any signs.  Ms. Boardman said she planned on putting 4 inch gold and green lettering on the building over the location where the Sarah Carpenter Library lettering currently is.  She has no plans for a free standing sign, since her business is not retail and she doesn’t want foot traffic.   Roger noted the public should have the right to use the existing sidewalk on the property.

 

Ted Bloomhardt then made a motion which was amended after discussions.  The following is the final, modified motion:

 

The Hinesburg Planning Commission hereby grants site plan approval to Holly Boardman for a business involving design, sales and assembly of handcrafted paper products.  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, or if for some reason the traffic flow as proposed is interrupted, the applicant shall immediately present proposed modifications of the site plan to the Hinesburg Planning Commission, and obtain approval of it.

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.  No new exterior lighting has been proposed and no new lighting is approved at this time. The existing lighting is approved as installed and shall be turned off when the business is closed.

3.              The existing landscaping serves the landscaping requirements of this site plan.  The applicant shall maintain the lawns and sidewalk that exists on the property, and the public shall have the right to use the sidewalk.  The tree between the building and the property north of it shall be removed.  Additions or replacement to existing landscaping are permitted.

4.              Refuse storage shall ­­be enclosed in the building.

5.              The applicant shall obtain a zoning permit from the Zoning Administrator prior to the approved change in use, and for any signs which fall within the Zoning Administrator approval authority.  Any free standing signs require Planning Commission approval.

 

George Bedard seconded the original motion.  Mr. Boardman asked if a landscaping condition would allow him to take down the old tree.  Ms. Boardman said she might replace the bushes in the front with different bushes.  Exterior lighting was also discussed; the lights should be off when the business is closed.  Ted modified the motion to cover these concerns.

 

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

 

 

3.  Hinesburg Nursery School.  Ann Thomas and Lisa Beliveau, representing the Hinesburg Nursery School, described the free-standing sign that the Nursery School is proposing to have in front of the Patriot Lodge.  The existing sign that is on the property is the Mason sign.  The building is owned by the Town and leased to the Masons, who sub-lease to the Nursery School.  Jean Isham asked how the size of the new sign would compare to the existing sign.  Ms. Thomas said it will be the same size.  She added that the sign will be for awareness.  Ted expressed his concern about multiple signs on one property, and the implications if other people want two free-standing signs on their property as well.  Will Patten suggested considering swapping the sign locations, since the Mason sign is currently the closest to the Nursery School entrance.  Everyone thought that was a good idea.

 

With no further comments, Ted Bloomhardt made the following motion:

 

The Hinesburg Planning Commission hereby grants sign approval to the Town of Hinesburg and the Hinesburg Nursery School for a 14 sq. ft. free standing sign in front of the Patriot Lodge on Route 116.  The sign shall be as proposed by the applicant except as set forth herein.  This approval is subject to the following conditions:

1.              The applicant shall obtain a Zoning Permit from the Zoning Administrator prior to installing the sign.

2.              Any additional signs shall require further approval from the Planning Commission unless the zoning bylaw states that the category of signs is exempt from Planning Commission review.

3.              No sign lighting is allowed without further Planning Commission approval.

4.              The Planning Commission has approved two signs for this lot because the uses are sufficiently different that a cluster sign would not be preferable here, and because the proposed sign has been designed to be similar to the existing sign and is located in an appropriate location on the lot.

5.              Permission is granted to swap locations with the existing sign and the Planning Commission encourages this.

 

Jean Isham seconded the motion, and it was unanimously approved.

 

 

4.  Giroux/Drew - Sketch Plan Review.  (George Bedard recused himself from the discussion.)  Patti Drew described the proposal to create a 3 acre residential lot on a R.O.W. off of Mechanicsville Road in the Village District, across from Commerce Street.  The lot would be created from a 60 acre parcel owned by Ernie Giroux.  The exact location of the proposed lot was discussed.  Ms. Drew said they are considering two house site locations, and have not determined the exact location yet.  Ted noted that since the lot is in the village district, it doesn’t have to be 3 acres.  George Bedard said it was to ensure privacy for the Robert Giroux lot, which the Drew lot surrounds.  Ted said there were no sidewalk issues and the gravel road is already 18 feet wide.  Jean added that sidewalks may be appropriate in the future depending on what happens to the rest of the 60 acres.  Faith said that since the lot could possibly have two house sites, the applicant should make sure to not obstruct a possible access to a future second lot.  There also should be limits on the proposed building envelope to not obstruct future utilities.    

 

With no further discussion, Ted Bloomhardt made the following motion:

 

The Hinesburg Planning Commission hereby grants sketch plan approval to Ernest and Theresa Giroux and William and Patricia Drew for one 3 acre single family residential lot on land owned located on a private R.O.W. off of Mechanicsville 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, including the limits of proposed building envelope on the lot.

 

Carrie Fenn seconded the motion.  It was unanimously approved, with the exception of George Bedard who recused himself from the vote.

 

 

5.  New Police Department and Minutes of October 17 and October 24.

Roger Kohn moved the Hinesburg Planning Commission grant approval for the proposed change of site plan to the Town of Hinesburg for the former Flore Property, per the memo from Jeanne Wilson dated October 26, 2001.  Fred Haulenbeek seconded, and it was unanimously approved.

 

Carrie Fenn moved to approve the minutes of October 17, as corrected.  Will Patten seconded, and it was unanimously approved.

 

Ted Bloomhardt moved to approve the minutes of October 24.  The motion was seconded, an unanimously approved with the exception of George Bedard who abstained from the vote.

 

 

 

The meeting adjourned at 9:10 pm.

 

Respectfully submitted,

 

 

Sally Kimball, Recording Secretary

 

HINESBURG PLANNING COMMISSION

Miller/MacLean Final Plat Approval

November 7, 2001

 

The Hinesburg Planning Commission hereby grants final plat approval for Development on a Class IV Road and Final Plat approval to Marcelene and Grant MacLean and Daryl Miller for subdivision of 13.86 acre single family residential lot from a parcel owned by the MacLeans (tax map parcel #6-1-65).  The subdivision shall be as shown on the following plans:

“2-Lot Survey for Marcelene and Grant t. MacLean” by G.E. Bedard, Inc., dated 10/28/01.

Miller Subdivision, Wastewater System, Site Plan” sheets #1 and 2, and “Details” sheet #3, by Civil Engineering Associates, Inc., dated 10/01.

 

This approval shall be subject to the following conditions:

1.              Utility lines shall be placed underground as required in Section 7.9.1 of the Subdivision Regulations.  The power lines shall be located along the road and driveway to reduce the amount of clearing required for them.

2.              In keeping with the rural character of Hinesburg, 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 portion of the Class IV roadway serving more than one residence shall be built in accordance with the Hinesburg Town Road Standards with details specifically as approved by the Selectboard at its 9/4/01 meeting.  The road shall be widened, ditched, maintained, and plowed to the A-21 standards approved by Selectboard. 

4.              The portion of the Class IV roadway serving one residence and the driveway to the house shall be constructed with at least 12 inches of gravel, and constructed maintained and plowed with at least 12 feet in width and in accordance with the Selectboard’s Road Cut Permit requirements. 

5.              If another residence is proposed on the Class IV segment of the road, the owners of the 13.86 acre lot approved herein shall pay a proportionate share of the cost of improving the road to the standards required above in Condition #3, for the shared portion of the road up to the point where the driveway to this lot leaves the Class IV road.  This language shall be included in the deed to the lot.

6.              The following language shall be included in the deed to the lot and shall be complied with: “By acceptance of this deed for the new lot, grantees hereby agree, for themselves and their heirs and assigns, that the costs of maintenance, repair, snow plowing, and any other expenses whatsoever associated with any portion of the Class IV section of Hayden Hill Road that provides access to the lot shall be shared equally by the owners of all houses using said portion of the Class IV Road.”

7.              Before obtaining a Certificate of Occupancy for a dwelling on the approved 13.86 acre lot, the improvements in the Class IV roadway shall be completed and approved written approval shall be obtained from by the Town Road Foreman or Public Works Director.

8.              The septic system for the 13.86 acre lot is designed for a 3 bedroom house and shall be installed in such a way that it meets the standards of the State Environmental Protection Rules and as shown on the approved plans.  Any increase in the number of bedrooms shall be approved by the Planning Commission.

9.              Before obtaining a Certificate of Occupancy, the owner of the lot shall require that an engineer submit a letter to the Zoning Administrator stating that the septic system has been built in accordance with the approved plans.

10.         "Substantial Construction" for this subdivision shall consist of improvement of the Class IV Road and installation of the driveway cut.   In accordance with Section 8.9 of the subdivision regulations, if substantial construction has not begun within 3 years from the date of this approval, final plat approval shall expire.

11.         In accordance with State statute, 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.

12.         No further subdivision of this property shall occur without review and approval of the Hinesburg Planning Commission.  No development shall take place on the retained land  without subdivision review and approval by the Planning Commission.

 

 

The Hinesburg Planning Commission also approves a Transfer of Land to Adjoiner in keeping with Section 3.2 of the Subdivision Regulations, involving 5.05 acres from Grant and Marcelene MacLean to T and T Hultgren resulting in an 8.17 acre lot as shown on the a plat by G. E. Bedard dated 10/28/01.  This approval is subject to the following conditions:

1.              The deed and survey shall state that no new development may occur on the 5.05 add-on parcel without subdivision review by the Planning Commission.

2.              The plat language associated with the transferred land shall be changed to replace the 2nd sentence with: “Ownership of this parcel will merge with the 3.12 acre lot.  This parcel has not been approved at this time as a separate building lot.”

 

 

 

The above motions were passed by the Hinesburg Planning Commission on November 7, 2001.

 

 

_____________________________

Theodore Bloomhardt, Chairman

Hinesburg Planning Commission