HINESBURG DEVELOPMENT REVIEW BOARD

MINUTES OF JUNE 18, 2002

Approved as Corrected 7/9/02

Present: Tom McGlenn, Howdy Russell, Carrie Fenn, Wayne Burgess, Clint Emmons and George Munson. Also Peter Erb, Zoning Administrator.

Members Absent: Ted Bloomhardt, Peter Ross and Greg Waples.

Members of the Audience: Steve & Lisa Carlson and Bill and Dianne Stirewalt.

1. MINUTES Carrie Fenn made the motion to accept the minutes of June 4, 2002 as corrected. This motion was seconded by George Munson and passed unanimously.

2. CIANO/BROWN - CONDITIONAL USE Jody Ciano and Tim Brown were present to request a conditional use permit to expand their house on the Upper Access Road by adding knee walls and increasing the pitch of the roof. Adjacent landowners Lisa and Steve Carlson were also present. This request is governed by Section 5.10.3(4) of the Zoning Bylaw in regard to pre-existing non-complying structures as this house does not meet the required setbacks.

Jody and Tim explained the circumstances at their property and their reasoning for this request:

– They need to replace the roof which is rotting due to snow staying on it and a steeper pitch will help this situation.

– There is no storage inside this small house.

– They will not be increasing the footprint of the house, and therefore will meet the criteria of Section 5.10.3(4)(b) in that they are not expanding more than 20%. They will not be encroaching into the setbacks any more with this expansion than the existing structure does.

– They will not be adding more than the 2 bedrooms allowed with the approved septic system.

– This house was built in early 1972 and therefore meets the criteria of this section of the Bylaw.

– At this time, they are not adding a second floor but may have a loft in the future.

The Carlsons, who own the cottage to the west of this house, were concerned that more space could mean an increase in the number of people living in this house and therefore creating noise and parking problems. These two structures are quite close to one another. Tim said that they have planting some cedars between the properties and hope to level their yard and build a retaining wall also. Steve Carlson said that they have always cooperated with the owners of this property by giving easements for the septic system and parking. Lisa presented a plan for the roof that she felt would be a better solution.

In reviewing Section 4.2.1 for granting conditional uses and the criteria which covers traffic, Jody explained that there is a neighbor parking area not too far from their property. She also felt that in restoring this house, they are greatly improving the appearance. The character of neighborhood where this house is located is very small lots.

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

Tom McGlenn then made the following motion:

The Hinesburg Development Review Board grants a conditional use permit to Jody Ciano and Tim Brown to construct 2 foot knee walls and raise the roof pitch to a 10/12 continuous pitch on a dwelling on the Upper Access Road at Lake Iroquois. This property is identified on the Hinesburg Tax maps as parcel #15-20-38 and this request is governed by Section 5.10.2(3) & (4). This approval is granted with the following conditions:

1. The construction shall be as shown on the plans submitted with this application.

2. The roof shall be covered with dark-colored asphalt shingles.

3. Any exterior lighting shall be shielded so that it does not shine on adjacent properties and the light source reflectors/refractors are not visible.

4. The color and materials of these new knee walls and gable ends shall match that of the existing house.

5. The applicant shall obtain a zoning permit from the Zoning administrator.

6. The dwelling has a sewage disposal system designed and approved for only two bedrooms and there shall be no more than 2 bedrooms in the structure as the result of this addition.

This motion was seconded by Wayne Burgess and passed unanimously.

3. EMMONS - FINAL PLAT Clint and Carlene Emmons were next on the agenda to request final plat approval for a 3-lot subdivision located on the south side of the C.V.U. Road. Clint recused himself from the Board to make this presentation with George Bedard. Adjacent landowners Bill and Dianne Stirewalt were also present.

George Bedard went through the conditions from the preliminary plat approval for this subdivision and explained how the applicants had met those requirements:

– The right-of-way is entirely on lot #2 now, as well as the pump station. The lots sizes are lot #1 is 2.10 acres in size, lot #2 is 4.52 acres and lot #3 is 3.39 acres.

– George had drawn and submitted a plan showing the erosion control measures and he explained the locations of the culverts on this private road.

– This private road will be under the required minimum of 15% grade. However there is a section of the driveway to the existing house that is approximately 17%. George explained that it is better to have this grade with a straight approach to it rather than decreasing the slope with an S curve that would be more dangerous in the winter. He furthered explained that fire trucks could get within 160 feet of the house without going up this grade.

– They are removing the access directly from the C.V.U. Road at the pump station.

– They have met with Rocky Martin, Public Works Director, concerning the sewer pump station and line in front of the high school to connect to the Town’s system. Rocky had submitted a list of requirements that have to be met in regard to this line and system and the deed

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language for it. Peter Erb suggested the name of the electrician or plumber be identified at this pump station.

– They had submitted deed language and other documents for this subdivision.

– They are adding cedar trees onto lot #3 to help screen the Fortin house.

There was then a discussion of the building envelopes and also the clearing envelopes. Peter Erb strongly felt that if there was specific language as to where trees could be cut and not cut, he would have to know that exact location of these clearing envelopes if he was to enforce this requirement. George Bedard agreed that although he has never had to do this, he could locate these envelopes with pins. Howdy Russell felt that it would be good for the new landowners to know the exact location of these clearing envelopes when they buy the property.

Clint explained that there are very tall trees around these house envelopes and the houses will not be highly visible. They will be adding quite a lot of fill to the house site on lot #2 to make it more level.

It was also explained that due to the type of ledge on this property, there is not a lot of run-off from this hill side. Carrie Fenn felt they would be adding more with the driveways and roofs of the new houses. Clint has done some ditching in back of the Utter and Fortins houses to help with this drainage.

The power to the existing house on lot #1 is above ground and they are requesting that it be above ground to the house on lot #3 as well using tree wire. It will be underground to lot #2. Clint had found that it could cost $6500 to blast to put this line to house #3 underground and tree wire is only about $1700. It was explained that this line will not be visible off this subdivision and crossing land that will be thinned anyway.

At Clint’s house they got 25 gallons of water a minute after going down 300 feet. Most of the houses in this location are on Town water. Carrie mentioned that if sufficient water is not found for the new lots, this well could be shared with these new homeowners.

They have determined that it will be better to use a pneumatic hammer to remove ledge rather than blasting. Carrie said that could also be a noise problem for the neighbors.

Dianne asked where this sewer line is in relation to the proposed sidewalk in front of the high school. George B. said they have moved the line closer to the swale at the request of Rocky so as to not interfere with this sidewalk.

Bill then asked if this proposal would cause more water to flow into the ditch beside the C.V.U. Road by their driveway. George B said that there is a culvert under that Town road before their driveway so it will not be a problem.

Tom McGlenn closed the public hearing and made the following motion (see attached sheets):

This motion was seconded by George Munson and passed with Clint Emmons not voting.

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4. BOUTIN Tom McGlenn made the motion to accept the submitted final plat for the Boutin Estate Subdivision on the west side of the Shelburne Falls Road. This motion was seconded by Carrie Fenn and passed.

5. PALMER Tom McGlenn made the motion to accept the submitted final plat for the Donald and Laural Palmer Subdivision on the Palmer Road. This motion was seconded by George Munson and passed.

6. Tom McGlenn then brought the other members up to date on the process of the committee for finding a new town planner. The next meeting will be on Tuesday, July 9 and that agenda is set already. The meeting was then adjourned at 10:50 p.m.

Respectfully submitted,

Holly Russell

HINESBURG DEVELOPMENT REVIEW BOARD

FINAL PLAT APPROVAL

CLINT EMMONS - THREE LOTS

The Hinesburg Development Review Board hereby grants final plat, and approval for development on a private right of way to Clint Emmons for a three lot subdivision on land located to the south of the CVU road. Lot #1 is 2.10 acres in size, Lot #2 is 4.52 acres, and Lot #3 is 3.39 acres. The subdivision shall be as shown on the submitted maps from McCain Consulting, Inc. titled “Survey and Subdivision of the Lands of Clinton H. Emmons, Jr” and dated 5/24/02 and engineering plans entitled “3 Lot Subdivision of Clintron H. Emmons, Jr” 6 sheets and dated 2/12/02 and last updated 5/28/02. Included in this approval are 2 sheets entitled “Erosion control Details for Clinton H. Emmons, Jr” and prepared and submitted 6/17/02 by George Bedard. This approval is subject to the following conditions:

1. Utility lines to lot #2 shall be placed underground as required in Section 7.9.1 of the Subdivision Regulations, “utility lines will connect to lot #3 from existing pole pp84441, and will utilize “ Tree Wire.” The power company shall not be allowed to create a cleared corridor to install this line or create a cleared corridor at any time in the future. The easement granted to the power company shall contain this wording. One additional pole shall be allowed to be placed.

2. Any changes from the approved plat of the utility lines or sewage system shall be approved by the Development Review Board before installation.

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. An envelope shall be included on the plat for all three lots indicating the area within which will have no restrictions on vegetation removal (could be all lawn). Permanent metal surveyors pins or concrete posts shall be installed to prevailing surveying standards so that this envelope can easily be located in the future.

5. In the area outside of this envelope, trees greater than 4 inches in diameter at 1 foot above the ground shall not be removed. However dead or diseased or other trees may be removed provided such removal is necessary to sustain the health of the screening provided by the forest. Sufficient trees shall be allowed to regenerate to preserve the existing canopy.

6. A building envelope shall be included on the plat for lots #2and #3 within the above mentioned clearing envelopes and shall be where any principal structure and any garage shall be located. Distance and other information necessary to locate the envelope shall be included on the plat. The building envelope for lot # 3 should include the existing garage. The house s shall be built generally where shown on the plan and any major change in their location shall require Development Review Board approval.

7. A roadway serving more than one house is proposed. The road shall be built in accordance the specifications on sheet 1 and sheet 3,of the Site Plan submitted by McCain Consulting Inc. and last revised 5/28/02 except where modified for the relocation of the driveway leading to lot #3. Erosion control plans designed by George Bedard and titled Erosion control sheet #1 and #2 shall be followed by all contractors. Roadside drainage ditches on slopes in excess of 10% shall be stabilized and maintained and lined with a minimum of 6 inches in depth of 5 inch minus hard stone of a dark color. Before obtaining a Certificate of Occupancy for the

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first dwelling, 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 and estimate (based on measurement, if this is feasible) of the amount of gravel located on the present roadway.

8. Deed language submitted by the applicant setting forth the method of sharing the maintenance, repair, snow plowing and any other expenses for the common portion of the roadway, as well as the agreement for the CVU Hill sewer system association and the Easement Deed with CVU shall be approved by the DRB after further review.

9. "Substantial Construction" for this subdivision shall consist of the construction of the access road to the specifications as approved in these conditions. 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. 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.

11. As-built drawings of the sewage system, or the original drawings, certified by the engineer to be the as-built, shall be filed as mylars in the Hinesburg Land Records within 90 days of the completion of construction of the system.

12. The exterior colors of the building, siding, roofs and other improvements shall blend with the natural surroundings. If metal roofing materials are used on any buildings they shall be painted or coated to reduce the possibility of glare caused by the reflection of the sun.

13. Each individual lot owner shall be responsible to repair and avoid any future damage caused by storm water to another lot or the shared portion of the road. The owner of lot # 3 shall be responsible for any problems caused by the runoff of water from the road after it leaves lot # 3 on to neighboring properties. The ditch on the western side of the driveway at the bottom of the road should end at station one (as indicated on the submitted Site Plan) and discharge its waters onto lot #2 before it reaches the CVU road.

14. The owner of Lot #3 shall be responsible for the maintenance and replacement of the cedar trees indicated on the plat for screening of the Fortin lot.

15. A portion of the existing drive, where it connects with the new road on lot #2, shall become the parking area for the maintenance of the pump station, and although grassed over, will have a gravel base.

16. All blasting shall be done by a licensed, insured contractor, utilizing all current industry safety standards. Neighbors of any blasting and pounding to take place shall be given as much notice as possible.

17. A turn around place for the fire trucks shall be established, plowed and maintained by the landowner.

18. A Certificate of Occupancy will not be issued without evidence of a water supply of at lease ½ gallon per minute and sufficient storage to supply the # of approved bedrooms.

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19. The driveway serving Lot #1 will exceed a grade of 15% . Either a statement shall be included in the deed for that property stating that the fire department and emergency service cannot guarantee access in poor weather conditions in locations where the grades are excessive or a representative of the Hinesburg Fire Department shall state in writing that it provides an acceptable access for emergency vehicles.

20. Any filled areas resulting from the construction of the road or driveways shall be covered with soil that will support vegetation and smoothed and seeded.

21. Snow removal between station 2.5 and 4 as shown on the submitted site plan, shall be accomplished by pushing the snow directly downhill on the road until there is room on Lot #2 to push it off to the side. The parking area for the pump station shall not be blocked by snow.

22. The areas exposed during construction shall be treated in a manner consistent with the procedures contained in the Vermont Handbook for Soil Erosion and Sediment Control on Construction Sites.

23. This approval shall not be final until a Subdivision Permit from the State Division of Wastewater Management is obtained.

24. No further subdivision of this property shall occur without review and approval of the Hinesburg Development Review Board.

HINESBURG DEVELOPMENT REVIEW BOARD

EMMONS 3 - LOT SUBDIVISION

FINDINGS OF FACT

The decision and conditions of approval for a 3-lot subdivision for Clint and Carlene Emmons of the parcel identified as #16-20-56.3 on the Hinesburg Tax map and granted on July 23, 2002 are based on the following findings of fact:

6.1.1 - Suitability for Development: The land proposed for subdivision appears to be suitable for development and demonstrates no significant impediments to development that could be harmful to the safety, health and general welfare of the present or future inhabitants of the subdivision and/or its surrounding areas. The type of rock formation and road culverts will control run-off from this subdivision. The newly proposed above ground utility line will be insulated woods wiere and will not be visible off the property of this subdivision.

6.1.2 - Natural Features Protection - There will be surveyed and pinned clearing envelopes on each of the lots to indicate where trees may be removed and what size trees may be removed.

6.1.2 - Cultural Features Protection - There are restrictions to ensure that these houses are not highly visible off the property.

6.1.4 - Open Space and Recreation: There are no common open spaces in this subdivision. However, it is within walking distance to the facilities at C.V.U. High School.

6.1.5 - Compatibility with Surroundings: The exterior colors of the buildings and other aspects shall blend with the natural surroundings. These houses will be in a treed location with restrictions as to the cutting of existing trees and not as visible as the other existing houses in this neighborhood. The utility line for lot #3 will use insulated woods wire (the requirement that it must be above ground was waived due to expense of blasting) and therefore this line will not be visible off the property.

6.1.6 - Transportation: The entrance to this subdivision has been moved from an existing one further west to improve the safety factor. There is sufficient space for emergency vehicles to park and turn around within the subdivision.

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6.1.8 - Water Supply: Testimony has been given that the existing well on this property has ample water that could be shared with the newly proposed house lots if necessary. The new wells should be required to meet the isolation distances of the Environmental Protection Rules.

6.1.9 - Wastewater Disposal: This subdivision has received a wastewater allocation from the Select Board and will be connecting onto the Town’s system. The private pump station for this subdivision will be maintained by the homeowners and deed language has been presented to regulate this system. The private line connecting this pump station with the Town’s line has been reviewed and approved by the Town Public Works Director. This subdivision must receive approval from the State of Vermont for this private system.

6.1.10 - Agriculture/Forestry: There are currently no agricultural or forestry lands on this lot and it is an area zoned to have 1 acre lots if on Town sewer. There are, however, deed and plat restrictions on the size and location of trees that may be cut.

6.1.11 - Municipal Services: The project is not likely to place an unreasonable burden on the ability of the town to provide services as the proposed private road will be built to town standards of a "lane." Deed provisions have been provided for the maintenance, snow plowing and repair of this private road. There is also deed language on the maintenance of this private pump station and sewer line.

6.1.12 - Energy Conservation: The orientation of this piece of property, will make it difficult to benefit from solar access. In the future there will be Town sidewalks near this subdivision that will allow the homeowners to walk and bike to the village and to C.V.U. activities.

6.1.13 - Conformance with Town Bylaws and Plan: Provided the project is constructed as designed and in conformance with the conditions of final plat approval, the project is likely to comply with applicable provisions of the Town Plan.

In keeping with the requirements for Development on a Private Right-of-Way approval in Section 4.4 of the Zoning Bylaw, the new lots will be accessed from a right-of-way over 50 feet wide, the road will exceed the minimum town road standards for a “lane” and deed language will be applied to all lots requiring homeowners to share in the maintenance and snow plowing of the road to ensure year-round emergency service access.