HINESBURG DEVELOPMENT REVIEW BOARD

MINUTES OF JULY 23, 2002

Approved 8/13/02

Present: Howdy Russell, Greg Waples, Wayne Burgess, Carrie Fenn, Clint Emmons, and Ted Bloomhardt (who ran the meeting). Also Peter Erb, Zoning Administrator.

Members Absent: Tom McGlenn and Pete Ross.

Members of the Audience: Roberta & Pauline Summers.

1. MINUTES Greg Waples made the motion to accept the minutes of July 9, 2002 as corrected. This motion was seconded by Wayne Burgess and passed.

2. EMMONS - FINAL PLAT CONDITIONS As the first item of business the Board members reviewed the Final Plat Conditions of Approval and Findings of Fact for the Clinton Emmons 3-lot subdivision. This subdivision is located on the south side of the CVU Road and identified as parcel #16-20-56.3 on the Tax Maps. Clint Emmons recused himself from the Board during the review of and votes on this project.

The final plat had been reviewed and conditionally accepted at the 6/18/02meeting of the Development Review Board (DRB) and the public hearing closed. The Board had received and reviewed draft conditions of approval and findings of fact. Clint and his representative, George Bedard, had also submitted to the Board alternative language for some of these conditions.

Ted Bloomhardt went through these findings and conditions. After some discussion, it was felt that the findings were acceptable with several minor changes. Ted Bloomhardt therefore made the motion to accept the Findings of Fact for the Clinton Emmons three-lot subdivisions as revised. This motion was seconded by Wayne Burgess and passed.

Ted read each of the conditions of approval and the members reviewed and revised several of them. The applicants still have to submit deed language for the maintenance of this roadway, the agreement for the sewer system association, and the easement with CVUHS and these must be accepted by the Board prior to the sale of any of these three lots. The following conditions were then revised:

#1. It was agreed to use the language submitted by George in regard to the utility lines.

#2. George suggested language on changes to the utility lines or sewage disposal system was acceptable.

#’s 4 & 6. After some discussion with the Board members and Peter, it was decided to combine these two conditions governing the building and clearing envelopes. Clint said that he had already pinned the corners of the building envelopes and they agreed to submit plans for the file once the houses are built. Ted said that it is important that the house on Lot #2 not be built over the steep bank. Howdy said that in the future it would be difficult to located the cutting limits and having permanent markers would be helpful.

#7. Peter explained that he had found this requirement to have stones on the road-side ditches on the plans submitted by Clint’s engineering firm for the Case

subdivision and felt it would be good if required on this road. George said that

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there may be some bare-rock ditches here and they will not carry a lot of water off the hill.

#11. George explained that a mylar would reduce the information so that it would be difficult to read. It was felt that as long as the prints were submitted for the file in the zoning office and this is alright with Rocky Martin, it would be acceptable not to have mylars recorded of the as-built plans.

#17. The language from George was more specific as to the location of the parking area and this was accepted.

#19. This condition was removed as it was decided at the last meeting this requirement in regard to emergency vehicles was not necessary.

#23. George requested that the issuance of a building permit be tied to the State approval and not the granting of this final plat approval and the members agreed to this request.

Howdy Russell made the motion to accept the conditions of approval for the Clinton Emmons three-lot subdivision (see attached sheets). This motion was seconded by Wayne Burgess and passed.

3. SPRANO - CONDITIONAL USE Nina Sprano was then present to request a conditional use permit to add a full second story and an unenclosed porch to a portion of her existing house. This house is located on the Place Road East and as a pre-existing non-complying structure and is governed by Section 5.10.2(3) & (4). This property is identified as parcel #17-20-02 on the Tax Maps.

Nina explained the following aspects of her appeal;

– She will not be enlarging the foot print and the porch will not encroach further into the setback limitations.

– Peter Erb had noted that this higher addition may be blocking the view of the property to the north. Nina explained that the existing part of her house already tends to block that view.

- The adjacent neighbors had been notified and none had contacted the zoning office with any concerns.

– As this house is quite close to the Town road and the intersection of Place Road East and the Pond Road, it was recommended that any exterior lights be shielded from shining off the property.

– Greg explained that this new porch could not be enclosed without further review.

Ted went through the criteria for granting a conditional use permit as governed by Section 4.2 of the Bylaw and found that this proposal met them.

Ted closed the public hearing and Greg Waples made the following motion:

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The Hinesburg Development Review Board grants a conditional use permit to Nina Sprano to construct a full second story on the ell and an unenclosed porch to an existing “el” on a dwelling on Place Road East. This property is identified on the Hinesburg Tax maps as parcel #17-20-02 and this request is governed by Section 5.10.2(3) & (4) of the Hinesburg Zoning Bylaws. This approval is granted with the following conditions:

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

2. Any exterior lighting shall be shielded so that it does not shine onto, and the light source reflectors/refractors are not visible from, adjacent properties or public roads.

3. The color and materials of the addition and unenclosed porch shall match that of the existing house. If, in the future, the owners of this property desires to enclose the porch they shall comply with section 5.10.2(4) of the Hinesburg Zoning Bylaw.

4. The applicant shall obtain a zoning permit from the Zoning Administrator.

5. Conditional use approval, shall expire one year from the date of the approval, if a zoning permit has not first been obtained for the project, or upon the expiration of the zoning permit which has been obtained. A single one year extension from the original expiration date may be granted by the Development Review Board, if they determine that conditions are essentially unchanged from the time of the original approval.

This motion was seconded by Wayne Burgess and passed unanimously.

4. COUTURE - CONDITIONAL USE Kevin and Kathleen Couture were next on the agenda to also request a conditional use permit for an addition to a pre-existing non-complying structure. Their property is located on a private road off the Texas Hill Road, and identified as parcel #10-01-25.2 on the Tax Maps.

Kevin explained that they had revised their plans from those previous reviewed and denied by the DRB. This addition will be a total of 192 square feet which meets the 20% requirement under Section 5.10.2(4)(b) of the Bylaw with an open porch. They had applied for a variance for a corner of this porch which would not be 75 feet from the meandering stream on their property. Greg Waples explained that it is his interpretation of Section 5.10.3(4)(a) of the Bylaw that they do not need a variance. He stated that they meet the intention of this section in that “the applicable setback standards are modified as little as practicable based on the existing building orientation, lot size and site contraints.”. The other members agreed with this interpretation and therefore it was not necessary for the Coutures to obtain a variance for this construction.

Roberta and Pauline Summers, neighbors of the Coutures were present and stated that they have no problem with this proposal. Roberta stated that they strongly support what Kevin is asking to do and feel that Kevin and Kathleen have done a lot to improve their neighborhood. She said that Kevin has worked on repairing this private road and protecting the stream and pond.

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Ted then went through the criteria of Section 4.2 and this project was found to meet these requirements including affecting the character of the neighborhood. They also will employ erosion control methods during construction that will protect the environment. Kevin was reminded that this porch could not become enclosed as he would then surpass the 20% increase that is permitted under Section 5.10.3(4)(b). Kevin explained that for the previous hearing he had submitted a letter from April Moulaert, State Wetlands Ecologist, in regard to the wetlands on his property. In constructing this addition he will follow her recommendations. Although this property is in the woods, it was felt good to include language in regard to exterior lighting.

Ted Bloomhardt closed the public hearing and made the following motion:

The Hinesburg Development Review Board grants a conditional use permit to Kevin and Kathleen Couture to construct an addition to an existing dwelling on Lincoln Hill Road. This property is identified on the Hinesburg Tax maps as parcel #10 - 01 - 25.2 and this request is governed by Section 5.10.2(3) & (4) of the Hinesburg Zoning Bylaw. This approval is granted with the following conditions:

1. Construction shall be a shown on the plans submitted with this application.

1. Any exterior lighting shall be shielded so that it does not shine onto and the light source reflectors/refractors are not visible from adjacent properties or public road.

2. The color and materials of the addition and unenclosed porch shall match that of the ultimate house materials. The porch may not be enclosed except as allowed under the Zoning Bylaw.

3. 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.

4. The applicant shall obtain a zoning permit from the Zoning Administrator.

5. Conditional use approval shall expire one year from the date of the approval, if a zoning permit has not first been obtained for the project, or upon expiration of the zoning permit which has been obtained. A single one year extension from the original expiration date may be granted by the Development Review Board if they determine that conditions are essentially unchanged from the time of the original approval.

This motion was seconded by Howdy Russell and passed unanimously.

5. RULES OF PROCEDURE The members present then reviewed and revised the Rules of Procedure for this Board. Several changes were made and it was felt that the members not present should be given a chance to review them before these are adopted.

6. After discussing the zoning changes being reviewed for the business NRG by the Planning Commission, the meeting was adjourned at 10:00.

Respectfully submitted,

Holly Russell, Recording Secretary

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 Clinton 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 Clinton 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 to Lot #3 may run from existing pole 84441 overheard utilizing “insulated woods wire” to an additional pole located near the house site and then continue overhead to the house. Clearing for this line extension will be to the minimum width allowed by the power company. This waiver from the Subdivision Regulations is being allowed because of the excessive cost of ledge removal and the fact that the area impacted by this power line extension is totally screened from public view.

2. Any change from the approved plat of the utility lines or sewage system shall be approved by the Development Review Board before installation. Minor changes in position of the utility or sewer system elements to avoid excessive ledge removal will not require further approval.

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. The building envelopes shown on the plans shall be marked in the field prior to house construction on either lot #2 or lot #3. Clearing shall occur only within the building envelope in the area surrounding the house site, driveway, and utility connection path. Permanent metal pins, or markers shall be installed so that the building/clearing envelopes can easily be located in the future. A plan shall be submitted by the owner for inclusion in the approval file to the Zoning Administrator prior to the issuance of the Certificate of Occupancy that shows the built location of the house and garage and the limits of the cleared area within the approved building envelope.

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 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 shall be stabilized and maintained using acceptable erosion control methods.. Before obtaining a

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Certificate of Occupancy for the 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.

7. 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 submitted and approved by the DRB prior to the sale of any lot..

8. "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.

9. 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.

10. As-built drawings of the sewage system, or the original drawings, certified by the engineer to be the as-built, shall be submitted to the Zoning Administrator for inclusion in the approval file within 90 days of the completion of construction of the system.

11. 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.

12. 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 shall end close to station one (as indicated on the submitted Site Plan) and discharge its waters onto lot #2 before it reaches the CVU road.

13. 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.

14. 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, shall have a gravel base.

15. 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.

16. A turn around for fire trucks has been proposed to be the area in front of the garage on lot #3. This area will be kept plowed and maintained by the owner of lot #3.

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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.

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

20. 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.

21. 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.

22. No building permits shall be issued without a Subdivision Permit from the State Division of Wastewater Management being obtained.

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

The above subdivision was approved with conditions by the Hinesburg Development Review Board on July 23, 2002.

________________________________ ______________________

Thomas McGlenn, Chair Date

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 Clinton 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 CVU 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 underground 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.

6.1.7. - Soil Erosion and Stormwater Runoff: The applicant has provided and received approval for an erosion control plan to be used during construction. The majority of water will sheet into open spaces on the property. There are provisions delegating responsibility for any damage caused by runoff to the road or surrounding properties.

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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.