HINESBURG DEVELOPMENT REVIEW BOARD

MINUTES OF FEBRUARY 5, 2002

Approved 2/19/02

Members Present: Tom McGlenn, Wayne Burgess, Peter Ross, Ted Bloomhardt, Greg Waples, and Clint Emmons. Also Peter Erb, Zoning Administrator.

Member Absent: Brad Jenson.

1. ELECTION OF OFFICERS This was the first meeting of the Hinesburg Development Review Board (DRB) and as their first order of the business the members elected the following officers: Tom McGlenn, Chair

Ted Bloomhardt, Vice-Chair

Wayne Burgess, Clerk

2. WAITSFIELD CHAMPLAIN VALLEY TELECOM - VARIANCE & SITE PLAN

Tom McGlenn opened the public hearing for review of a request by Waisfield Champlain Valley Telecom for a frontyard setback variance of 35 feet to locate a metal remote telephone equipment cabinet on a concrete pad on the north side of the O’Neil Road.

Dan Oren, representing the telephone company, presented the following data and answered questions about their proposal:

– The cabinet is 72" x 38" and 62" high and will be on a cement pad.

– They have received approval and gotten an easement from the Select Board to locate this cabinet in front of a small Town cemetery.

– He has met with Brad Wainer, who is on the Town Cemetery Committee. Brad did not have a problem with them locating this equipment here but did request that they move and replace a drive-way to the cemetery.

– They will work with Mike Anthony, the Town Road Foreman, on locating and building this new driveway.

– Dan explained and presenting a photo of landscaping that they have done at other such

facilities. They felt it is better to landscape around this location rather than put it back closer to the cemetery. There also is quite a steep slope in this area and they would have to excavate to locate their equipment. The telephone company will maintain this landscaping.

– It is far enough back if the O’Neil Road is paved in the future.

– This location will enable them to reach this box in the event of an emergency such as an ice storm. This also places the box more out in the open, as vandalism can be a problem.

– By locating this box here, they will be able to serve parts of Charlotte and north/western Hinesburg with DSL service. The cabinet cannot be located further to the west because power is unavailable there.

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Tom McGlenn then went through the Official Findings of Fact as governed by State Statute in granting variances:

1.(a) “There are UNIQUE physical conditions peculiar to the particular property” with the steep slope by the cemetery. 6 affirmative votes

(b) “this unnecessary hardship is due to such conditions”

6 affirmative

2. (a) “Such unique physical circumstances prevent development...in strict conformity with the Zoning Bylaw.” 5 affirmative 1 negative (Waples)

(b) “variance is necessary to enable reasonable use of the property.”

5 affirmative 1 negative (Waples)

3. “Unnecessary hardship has not been created by the appellant”

6 affirmative

4. “This variance will not change the character of the neighborhood, impair appropriate use of adjacent property, be detrimental to public welfare, or reduce access to renewable energy resources.” 6 affirmative

5. (a) “This variance is the minimum possible variance to afford relief”

5 affirmative 1 negative (Waples)

(b) “This variance is the least deviation possible from the Bylaws”

5 affirmative 1 negative (Waples)

Tom McGlenn made the motion to close the public hearing and this motion was seconded by Wayne Burgess and passed.

Tom McGlenn then made the motion that based on the Findings of Fact that the Development Review Board grant Waitsfield Champlain Valley Telecom a 35' frontyard setback variance to install a telephone cabinet with the following conditions:

1. The applicant shall obtain a zoning permit from the Zoning Administrator after demonstrating that all necessary Select Board approvals have been obtained.

2. The construction of these structures shall be completed within one year of the issuance of a zoning permit.

This motion was seconded by Wayne Burgess and passed with 5 affirmative votes and Waples voting against it.

It was determined that the applicants also must receive site plan approval and therefore, the criteria for approval under Section 4.3 of the Bylaw were then reviewed. The applicable standards seemed to be met by this company.

Ted Bloomhardt then made the motion that the Development Review Board grant site plan approval to Waitsfield Champlain Valley Telecom to located a telephone cabinet on the O’Neil Road with the following conditions:

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1. Landscaping shall be as proposed and shall be maintained in good condition and trimmed to maintain screening. Any shrubs that die shall be promptly replaced.

2. The new driveway to serve the cemetery and this cabinet shall be 12' wide and in the location as per the plan dated 1/03/02 and installed as proposed. The pullout in front of the power pole and cabinet pad shall not be installed as per the revised plan dated 1/3/02. The pedestrian access to the cabinet shall be on the driveway side.

3. No exterior lighting is proposed and none is permitted.

4. The driveway shall be plowed to allow winter access to the equipment.

This motion was seconded by Greg Waples and passed unanimously.

3. MOBILE SHORT STOP - SIGNS

Dave Killary, representing Jolley Associates, owners of the Mobil Short Stop in Commerce Park, was next on the agenda to request approval for several additional signs at their business. Dave explained the types of signs that they were applying for:

– A flying Pegasus both sides of each gas pump measuring 14" x 28". This would be red and white and the front of the pump now be blue.

– In discussing this issue with Peter Erb, the Zoning Administrator, they were informed that the existing informational signs, approximately “14 x 28 “ and located as free standing signs at the pumps would have to also approved.

– These logo’s of the Pegasus are now being installed at Mobil stations and they would like to bring Hinesburg’s up to standard.

– Their pricing sign out at Route 116 will not be changing in size or appearance.

– They also plan to change the color of the canopy to blue from the white that was originally installed.

– They would like to be on the same competitive plane as the other gas stations in Hinesburg.

The Board members then expressed concerns about some aspects of this proposal;

– This is a very visible activity and it is questionable if more signs are necessary.

– Hinesburg is attempting to minimize the appearance of signs to retain a small village character.

– Brighter colors are actually a type of advertising.

– Other signs existing at businesses in Hinesburg may be in violation of the Bylaw. In this vein, the members expressed appreciation at Dave appearing before them to request approval for more signage.

Greg Waples made the motion that the Development Review Board approve the flying Pegasus signs on the front and backs of the gas pumps at the islands at the Mobile Short Stop in Commerce Park with the following conditions:

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

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2. Any additional signs shall require further approval from the Development Review Board unless the Zoning Bylaw states that the category of signs is exempt from Development Review Board review.

3. No sign lighting is allowed without further Development Review Board approval.

This motion was seconded by Clint Emmons and was defeated with 6 negative votes.

Tom McGlenn then made the motion to allow, as proposed, the additional free standing sign approximately 14' x 28" within the unit of the gas pumps with 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 Development Review Board unless the Zoning Bylaw states that the category of signs is exempt from action by the Development Review Board.

3. No sign lighting is allowed without further Development Review Board approval.

4. The signs shall be no larger than presently there and shall not be product signs.

This motion was seconded by Greg Waples and passed with Burgess, Bloomhardt, Emmons, and McGlenn voting in the affirmative and Ross and Waples voting against.

4. It was decided to act on the Rules of Procedure for the board at the next meeting. The meeting was adjourned at 10:00.

Respectfully submitted,

Holly Russell

Recording Secretary