HINESBURG DEVELOPMENT REVIEW BOARD

MINUTES OF JUNE 4, 2002

Approved 6/18/02

Present: Tom McGlenn, Greg Waples, Ted Bloomhardt, Carrie Fenn, and Clint Emmons. Also Peter Erb, Zoning Administrator.

Members Absent: Peter Ross and Wayne Burgess.

Members of the Audience: George & Karla Munson, Larry Munson, Mike Pelletier, Larry Winters, Wilma Smith, Nicandra & Jeffry Gallper, Nancy & Greg LeRoy, Carla & Ryan Wuthrich, Kristy McLeod, Scott Johnansen, Sally & Chuck Reiss, and John Ferrara.

1. MINUTES Greg Waples made the motion to accept the minutes of May 21, 2002 with corrections. This motion was seconded by Clint Emmons and passed.

2. EVANSON/GOODRICH Sam Evanson and Rocky Martin (Hinesburg’s Public Works Director) were present to request that condition #13 of the Evanson/Goodrich sketch plan approval be revised. This condition stated that “The town shall hire a licensed independent engineer which will be paid by the developer to submit a report to the Board on whether increased traffic will affect the safety of ‘lower Buck Hill West’ relative to other hill roads in Hinesburg.”

On April 16, 2002 Rocky sent a letter to the Development Review Board outlining that process and his involvement. That letter was accepted as part of the record at the 4/16/02 meeting of the DRB accepting these recommendations and including that there will be “consideration to winter conditions” and the developer “shall be included in the cost of negotiations.”

On May 8^th, Rocky wrote a second letter to the Board requesting that this road study not include comparisons to other hill roads in Hinesburg. With this letter, he included a letter from Jeff Kershner from Hamlin Consulting Engineers listing the scope of work that they would perform to fulfill this condition #13.

Rocky explained that he had also talked to Dave Roberts who is with the MPO and they felt it would be difficult to do a analysis of the Town hill roads and this road. Jeff Kershner felt that it would be good to have data on the number of accidents on the road. Rocky had checked with Chris Morrell, Hinesburg’s Police Chief, and their reports are not separated as to type of incident and would have to be manually checked to pull out accident reports.

Rocky then said that the MPO has already put out traffic and speed counters on Buck Hill Road West and had sent him a detailed report. Sam Evanson had that report and said that although this road is not officially posted for speed he had read that the speed limit should be 25 - 30 miles an hour. This report showed that 7.9% of the traffic went between 40 & 45 miles an hour, 3% had gone between 45 & 50 and that 4% had gone between 51 & 55. Sam’s stated he feels that if speed limits were posted and enforced on this dirt road, safety would no longer be a factor. He also felt that improving it significantly would tend to allow drivers to go faster. He further suggested that it would help to have more stop signs at the intersection of the Buck Hill

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and Lavigne Hill Roads. Sam felt that if these changes were made, condition #13 of his sketch plan approval could be eliminated.

There was then a discussion period with the following issues brought up by the members of the Board and audience:

– The neighbors could supply incidents of accidents that have occurred if this is not available from the police.

– It was explained that this study will consider winter conditions also.

– There is a (hole) deep spot in the ditch beside the road and ruts that make this road dangerous.

– People have slid into the ditches in the winter but the number is not available.

– There are delivery trucks and other people that use this road and are not aware of how dangerous it is.

– Scott Johansen does not use the road with his horse trailers for his riding stable in the winter.

– Rocky will set up the committee to work on the upper section of the Buck Hill Road West as required by condition #1, when Sam’s engineer’s preliminary plans are complete. It was emphasized that it is important that this committee cooperate with each other to try to work out a solution.

Ted Bloomhardt made the motion to modify condition #13 of the Evanson/Goodrich sketch plan approval to remove the requirement that the Buck Hill Road West be compared to other hill roads in Hinesburg. The engineering study will include consideration of year-round road conditions and any objective accident data submitted by the neighbors. This motion was seconded by Clint Emmons and passed.

3. O’NEILL - SKETCH PLAN Jim and Charlene O’Neill were present for sketch plan review of their property on the south side of the upper portion of Buck Hill Road West. They are proposing to create one 5-acre lot and have their existing house on a 3-acre lot. This proposal was submitted by George Bedard, who then explained the following aspects of this subdivision:

– The existing house has an inground septic system that received State approval in the 1975. The new lot will have the new septic system with a replacement area and also the replacement area for the existing house.

– The house site would be in the clearing on the south portion of the new lot and there is screening from the Reiss house.

– There are some wetlands on this property and Cathy O’Brien will address this issue.

– The right-of-way to the Reiss property has been incorrectly shown on the Town tax maps and this could will be corrected on the survey. If it is on the O’Neill property it would affect the size of the lots.

– Utilities to this new lot will be underground.

– There will be a drilled well on this new lot. Jim stated that they had filled swimming pools and made hockey rinks for their house and their well has never gone dry.

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– George mentioned that this road may not have been properly maintained by the Town causing ruts, etc.

Charlene then explained that she was sorry that their property has become involved with the many issues and neighbors’ concerns about Buck Hill. They have lived here for over 20 years and have seen and not interfered with the large number of new houses that have been built

in this area. She felt that they only want to subdivide their property for one house and they should have the right to do that.

There was then a discussion of the potential for future development in this area and how much more traffic Buck Hill Road West could handle. Tom explained that this type of data collecting and policy making would be done by the Planning Commission and/or Select Board.

There was a discussion of whether future developers would have to share in the upgrades Sam might do and pay for in connection with this road. There was also discussion of whether the O’Neills should share in his cost proportionately for their one new lot.

Tom McGlenn then made the following motion: The Hinesburg Development Review Board hereby grants sketch plan approval to Jim O’Neill for a 2 lot single family residential subdivision Tax Map #9-1-44, on Buck Hill West. Lot # 1 is to be a minimum of 3 acres with the existing house on it, and Lot # 2 is to be approximately 5 acres. The subdivision shall be as proposed by the applicant and the final subdivision plat application shall address the following issues:

1. Wet areas are visible in this subdivision and evidence shall be presented that classify and map these wetlands.

2. Wastewater treatment plans shall be submitted with the application by a State certified site technician or engineer that meet all state standards for this subdivision. A preliminary site visit indicated high ground water and the soil test logs shall be included with the plans. If curtain drains are required to lower the water table as part of the septic design, evidence of their success shall be included with the final plat application. The DRB reserves the option to have the wastewater plans reviewed by a qualified representative of the town for compliance as well as review of the existing system and design of a replacement area.

3. 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.

4. Any principal structure and garage shall be located in the building envelope to be shown on the plat. Distance and other information necessary to locate the envelope shall be included on the plat and the envelope shall be staked out so that the envelope can be located by the building contractor. The wetlands, if any, along with any necessary buffer zones, shall be included in the final plat, and any restrictions on them shall be included in the deed.

5. Driveway construction plans shall be included that indicate how all water will be directed away from Buck Hill Rd. and if in mapped wetlands, be redirected back to its original course. All stumps shall be removed rather than buried. The driveway shall be constructed, maintained and plowed at least 12 feet in width with at least 12" of gravel.

6. Before obtaining a Certificate of Occupancy for the new dwelling, the owner of the land shall require that the contractor constructing the road or driveway submit a letter to the

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Zoning Administrator stating that the road has been built in accordance with this approval and all the standards specified in this condition.

7. The applicant is reminded of the necessity of obtaining a driveway permit from the Town of Hinesburg as well as any other necessary local or state permits such as a subdivision permit, building permit, Act 250 permit, etc.

8. A letter from the power company stating that the utilities can be installed in accordance with the approved plans shall be submitted.

9. "Substantial Construction" for this subdivision shall consist of the construction of the driveway leading to lot #2, to the standards required in the plat. 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.

10. The plat should include proposed limits on clearing if the probable location of the house site is mapped as moderate to high visibility from public roads or neighbors.

11. There is a right of way which George Bedard says in incorrectly located on the tax map. This should be clearly resolved because if it is on the O’Neil lot then the proposed 3 acre lot will have to be adjusted to take this into account.

12. Well logs for surrounding homes shall be submitted. If they are marginal then a well must be drilled with a yield of at least ½ gallon per minute and sufficient storage to meet the needs of the number of bedrooms permitted, before a building permit can be obtained, or an other means of guaranteeing water supply shall be proposed. The proposed well location and wellhead protection area shall be shown on the plat.

13. The applicant shall meet all the final plat application submission requirements for minor subdivisions listed in Section 4.2 of the Subdivision Regulations. The final plat shall be filed at least 20 days before the Planning Commission meeting at which it is to be considered

14. This subdivision shall share proportionately in the road improvements that may be required on upper portion of the Buck Hill Road West Road as part of the adjacent subdivision.

This motion was seconded by Greg Waples

Greg Waples then made the motion to amend this motion by striking conditional #14 in regard to sharing in the cost of road improvements. This motion was seconded by Carrie Fenn and was voted on and did not pass with Ted, Clint and Tom voting against and Carrie and Greg voting in favor.

The original motion was then voted on and passed unanimously.

4. BARONE/GIROUX - PRELIMINARY Russell Barone was next on the agenda to request preliminary plat approval for a 7-lot subdivision of property currently owned by Ernest and Teresa Giroux on the east side of the Mechanicsville Road. This project consists of 6-lot single family residences with a remaining large lot. The applicants have already received water and sewer allocation from the Select Board for this project.

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Russ first went through the following changes that have been made the project since they received sketch plan approval:

– The discrepancy in the boundary next to Bill Leggett’s lot.

– The lot sizes are all at least 1/3 acres in size.

– The plan shows the two common lands required for Planned Residential Development (PRD).

– A line is now on the plan denoting the Village District and RRI with the allowed 50 feet on each side.

– The wetlands on this land were also on the new plans.

– The landscaping on the plans was then explained with cedars along the boundary line to the south/west to ensure that headlights don’t shine into that house. The street trees on the Mechanicsville Road will be two clusters of pines.

– He has provided a 20 foot wide easements for a sidewalk on the Mechanicsville Road and a 10 foot wide easements in front of the houses on the new road in this development.

– The driveway to lot #2 has been moved south due to the location of a wetland. He then explained the reasoning for not having all these lots accessed by the new private road.

– He also presented a digital photo of the front of the property and elevations of the proposed houses from the Mechanicsville Road.

The next portion of Barone’s presentation was to address several of the conditions of that sketch plan approval:

a. A context map showing the entire property with the second phase which would be elderly housing units and the possibility of accessing the Lavigne Hill Road through this property. He had discussed this with the Select Board but no action was taken. This would have quite a steep grade with some wetlands.

c. He again explained the reason for having the access for lot #2 be off the Mechanicsville Road.

d. David Burke, the engineer for this project provided information on how run-off down this hill will be handled in road-side ditches. The first phase will not have to receive State Act 250 approval. There will then be a catch-basin at the Town road directing run-off toward the ditch and into Patrick Brook. The new road will be paved but at this time the driveways to the new houses will not. There will be a homeowners association to maintain, repair, snowplow, etc this new road. The developer had requested that the Select Board take over this road in the Village District but at this time they have decided not to do so.

e. Russ explained that it would be hard for the houses on the new street to share driveways as the garages are on the upside of the houses due to the slope.

f. He has met with Rocky Martin on the drainage and run-off issues.

g. In regard to building envelopes, Russ felt this would be up to the DRB members. Lot #5 should probably be made smaller due to the steep bank at the rear of the lot. They plan to blast the ledge on this lot and use this on the new road. Ted suggested a second envelope on each lot to designate where outbuildings could be located.

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h. There was then a discussion with Peter Erb about the height of these homes and their appearance from the main road. Peter felt that with below-grade entrances, they would appear very tall on the side toward the Mechanicsville Road. Russ explained that there would be siding to the down and not a high visible cement wall. Clint Emmons said that these houses would be visible from Hawk Lane, the housing development to the north where the houses are basically ranch style. Larry Winters who lives in this development, said that the trees between these properties are quite sparse and therefore these new houses will be very visible.

j. All utilities will be underground.

There was then a discussion about this new private road and the procedure that would be followed if the Town should take it over and if in the future it should be a connecting road to the Lavigne Hill Road. There was concern that in the future these 6 homeowners would not want this to become a through road. Ted suggested that Russ contact the Select Board about a irrevocable offer of dedication.

Russ then went over the requirements in the Subdivision Regulations for preliminary plat review with some of the following comments as they pertain to his proposal:

– He has provided 2 foot contours

– There will be language to preserve the trees in the common areas

– He will submit which requirements he is requesting be waived for this project as a PRD such as lot size and set backs for garages.

Ted Bloomhardt then made the following motion:

The Hinesburg Development Review Board hereby grants preliminary plat approval to Barone Construction Inc. for a six-lot single family residential subdivision on a 65 acre parcel of land owned by Ernest and Theresa Giroux located off of Mechanicsville Road. The subdivision shall be as shown on Plans #1-6 by O’Leary-Burke and a “Property Plat 7-lot Subdivision” by George Bedard, dated April 16, 2002. This approval is subject to the following conditions:

1. The applicant shall provide all the documentation required for Final Plat review as stated in Section 5.2 of the Subdivision Regulations. In addition, the applicant shall provide the following documents:

1. Deed language addressing the sharing of maintenance and snowplowing for the new development road, management of the common land and the drainage facilities, landscaping within the road right-of-way, and outbuilding restrictions.

2. Legal mechanisms for transferring the road to the Town shall be established.

3. Road Cut Permit from the Selectboard.

4. Required documentation for PRDs per Section 4.5.3 of the Zoning Bylaw.

5. Sidewalk easement language.

6. Blasting plan.

2. The Plans and/or Plat shall be changed to include the following:

1. Outbuilding envelopes

2. Shade tree species proposed for street trees.

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3. Utility plan approved by the utility company with additional landscaping if needed.

4. The applicant is advised that a condition of final plat will address the future sidewalk installation trigger.

5.

This motion was seconded by Greg Waples and passed unanimously.

5. It was decided to have the first meeting in July on the 9^th. The meeting was adjourned at 11:10 p.m.

Respectfully submitted,

Holly Russell

Recording Secretary