HINESBURG DEVELOPMENT REVIEW BOARD

MINUTES OF AUGUST 20, 2002

Approved 9/03/02

Present: Tom McGlenn, Howdy Russell, Wayne Burgess, Ted Bloomhardt, Greg Waples, and Clint Emmons.

Member Absent: Peter Ross.

Members of the Audience: Beverly Soychok, Howard & Inez French, Sandy Wynne, Laura Jackson, Robin and Larry Winters, Lisa Moulton, Linda O’Brien, James & Nancy Stowe, Tim & Tom Ayer, Sam Evanson, John MacEntee. Also Peter Erb, Zoning Administrator; Alex Weinhagen, Town Planner; and Jeanne Wilson, Town Administrator.

1. MINUTES - Wayne Burgess made the motion to accept the minutes of August 13, 2002 and this motion was seconded by Clint Emmons and passed.

2. BARONE – FINAL PLAT AS A PLANNED RESIDENTIAL DEVELOPMENT Tom McGlenn opened the public hearing at 7:35 for review of a request for final plat approval for Barone Construction Inc. for property currently owned by Ernest & Theresa Giroux, represented by Russell Barone. This appeal was also for a conditional use permit as well as site plan approval as a Planned Residential Development (PRD) and governed by Section 4.5 of the Hinesburg Zoning Bylaw. This subdivision consists of 6 single-family residential units, a second phase, not applied for at this time, of 30 units of elderly housing and the remaining approximately 56 acres. There will be 5 houses on a new private road to be named Mulberry Lane and one house with a separate driveway cut onto the Mechanicsville Road.

Russ Barone then went through the requirements for submittal from the preliminary plat approval for this project and granted on 6/04/02. The following items from those conditions were then discussed:

· The two road-cuts onto the Mechanicsville Road, have been approved by the Select Board.

· Under the PRD section they are requesting a waiver in the setback for the garage on lot #1.

· There has been a blasting plan submitted

· The deeds will cover the building envelopes for the houses and accessory structures. Any accessory structure cannot be higher in elevation than the house on each lot.

· As Norway maples are no longer accepted as street trees, he is willing to plant Lindens.

· There will also be a cluster of evergreens on the Mechanicsville Road rather than shade trees due to the wetland on the corner.

· A utility location plan has been submitted.

· The requirements for final plat submittal had also all been met and Russ explained that his engineer will certify each step of the construction of this roadway and supply as-built plans.

There was then a discussion of the sidewalks associated with this proposal, which include a section on the east side of the Mechanicsville Road and on the south side of this new Mulberry Lane. The concern was as to what level of development would trigger construction of these sidewalks and whether they would be asphalt or concrete. Russ agreed that they would be concrete when eventually constructed. Town Administrator, Jeanne Wilson had submitted a memo concerning these sidewalks stating that the Select Board is “willing to be flexible with the timeline for the sidewalk installation.”

There were several neighbors in the audience and they brought up some of the following concerns:

· The house on lot 6 seems to be quite close to the last house on Hawk Lane, but after reviewing the plans, Russ explained that actually this lot is further west than the Hawk Lane house.

· There is a lot of land in this parcel that is not being used for this subdivision and therefore is it necessary to crowd the houses on these 1/3-acre lots? Russ explained that this is to fit the pattern of development of a Village District.

HINESBURG DRB Minutes of 8/20/02 Page 2 of 5

· The houses on Hawk Lane will be greatly affected if future phase of this project connects the Mechanicsville Road with the Lavigne Hill Road and Mulberry Lane becomes a through street. The neighbors felt this would create more noise and traffic and affect their quality of life. Sam Evanson, who lives off Lavigne Hill Road, said there is another side to this issue in that it would help the traffic situation on that road and become a connection to the village area.

· There was a question of whether car lights from lot #6 would shine into the houses at the end of Hawk Lane and Russ explained that the garage and hedgerow would prevent this from happening.

· The blasting schedule and level were also questioned and Russ is willing to notify the neighbors when this is going to occur. Russ then stated that he hopes to have these houses constructed and sold within one year and therefore this project will not be a major disruption to the neighborhood.

· There is a stream between these two properties and the neighbors were concerned about flooding of their lots. Russ explained that this new road and its culverts would actually pull some of this run-off down Mulberry Lane.

The DRB members then questioned Russ about protecting the trees on the common land and the bank on lot #5. There is language in the covenants that addresses these trees and Peter Erb had suggested language to cover this bank and backyard on lot #5.

Tom McGlenn then made the motion to close the public hearing and this motion was seconded by Greg Waples and passed. Tom went through and the members discussed some draft conditions of approval. It was decided that the staff should work on which parts of the Protective Covenants should be included in these conditions of approval. These would include the maintenance and repair of the common land. Jeanne Wilson explained that once the Mechanicsville Road sidewalk is constructed the Town would take it over and also maintain it.

Tom McGlenn then made the motion to grant final plat subdivision approval to Ernest and Theresa Giroux as presented and conditioned upon approval of these final plat conditions at the next DRB meeting. This approval includes approval for this project as a Planned Residential Development and also grants site plan approval. (See attached sheets)

BARONE – DRAFT CONDITIONS OF APPROVAL

The Hinesburg Development Review Board hereby grants final plat approval and approval for development on a private right of way to Ernest and Theresa Giroux (Barone Construction Inc.) for a six-lot single family Planned Residential Development on a 65 acre parcel of land owned by Ernest and Theresa Giroux located off of Mechanicsville Road, as well as Conditional Use Approval for moving the village – RR boundary per section 1.3 of the Hinesburg Zoning Bylaws The subdivision shall be as shown on Plans #1-6 by O=Leary-Burke and a AProperty Plat 7-lot Subdivision@ by George Bedard, dated April 16, 2002.or as amended.

This approval is subject to the following conditions:

1.Utility lines shall be placed underground as required in Section 7.9.1 of the Subdivision Regulations and depicted on Sheet 2 of the Plat.

1.The lots shall not be sold or a zoning permit issued for building construction until a Subdivision Permit from the State Division of Wastewater Management is obtained. or…This approval shall not be in final until a Subdivision Permit from the State Division of Wastewater Management is obtained.

1.All exterior lighting shall installed or shielded in such a manner as to conceal light sources and reflector/refractor areas from view from points beyond the lot.

1.All structures shall be located within the approptiate envelopes as depicted on the plat.

1.A roadway serving more than one house is proposed. The road shall be built in accordance with plans titled Barone, by O’Leary-Burke, 5-1-02 or as amended, sheets 1 – 6 as applicable.

1.Before obtaining a Certificate of Occupancy for the first dwelling on the shared road, Mulberry Lane, the owner of the land shall require that the contractor or( engiIneer??) in charge of road constructing construction 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 roadway

1.Town approval of the two curbcuts shall be obtained from the Road Foreman prior to the granting of the first CO.

1. The deed language set forth in the document titled Declaration of Covenants, cConditions and rRestrictions of Mulberry Lane shall establish the method of sharing the maintenance, repair, snow plowing and any other expenses for the common portion of the roadway.

1.Before obtaining a Certificate of Occupancy for the first dwelling, the owner of the land shall obtain a letter from the power company and submit it to the Zoning Administrator stating that the utilities have been installed in accordance with the approved plans.

1."Substantial Construction" for this subdivision shall consist of the construction of the access road to the standards of the plans submitted for it. 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.

1.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.

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1.Any design changes from the approved plat of the utility lines or sewage system shall be approved by the DRB before installation. Minor changes in the position of the utility or sewer system elements to avoid unforeseen problems shall not require DRB approval as long as the “engineer” has been notified.

1.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 before the Certificate of Occupancy is issued for the last structure constructed.

1.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.

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

1.All blasting shall be done by a submitted document from Rochkaway Drilling and Blasting, entitled Blast Plan for the Mechanicsville Rd.

1.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.

1.No further subdivision of this property shall occur without review and approval of the Hinesburg DRB

1.THE MENTION OF ADDITIONAL UNITS IN THE COVENANTS and other submitted legal language, does not indicate acceptance of the possibility of this occurring until, and at such point as the necessary permitsd have been obtained and any language included in the covenants etc. submitted with this application have been reviewed to reflect the new application.

1.An iIrrevocable Offer of Dedication shall be reached with the Town of Hinesburg for the road serving this subdivision and included as part of this approval.

1.Street trees shall be planted no more than 40 feet apart on Mulberry lane, on the north side except where it is planted with cedars, on the south side beyond the hammerhead, and on mMechanicsville rRd. Such plantings shall meet the requirements of sSection 7.4 of the sSubdivision rRegulations and shall remain the responsibility of the Mullberry Lane Homeowners association to maintain in good health or replace within the next growing season with trees meeting the original requirements.

1.Sidewalks on the road that serves the subdivision will not have to be constructed as part of this phase of the development, however their construction and all costs may be conditions of later permits granted to the residual lot. The road shall be maintained in the winter to its full width to accommodate pedestrian travel.

1.The sidewalk on the Mechanicsville Rd. will be constructed in the proposed 20 sidewalk easement, before the final CO is issued unless agreement is reached between the town and the owner of record of the subdivision that established when and or if such sidewalk should be constructed. Such sidewalks shall be concrete, 5’’ deep ( 6” deep across driveways) five feet wide on a compacted layer of crushed gravel.

1.On the areas designated as common lands, 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.

1.Banks shall either be at the angle of repose appropriate for the soils of the bank, and also one that will support vegetation and resist erosion, as established by an engineer or other qualified consultant or: if blasted ledge or a constructed wall over 6’ high, have screening consisting of conifer planted in front if they are visible off lot.

1.

the height of these homes

No structure on a lot shall be higher that the elevation of the primary structure on that lot.

2. EAST WIND CONDOMINIUM ASSOCIATION – CONDITIONAL USE & SITE PLAN

Lisa Murdock, representing East Wind Condo Association and Jack Russell, was next on the agenda to request site plan and conditional use approval to construct carports and storage buildings at the East Wind Condominiums, located on the west side of the Mechanicsville Road. The review of this appeal had been continued at the July 9^th DRB hearing in order for the applicant to present more information and to meet with the tenants and other owners of these units. Twelve of these 16 unites are owned as rental apartments by Jack Russell and the other 4 by individuals.

Lisa went through the changes to the plans since the last meeting, which include adding 3’ to the depth of the carports and moving these slightly to stay out of the floodplain and adding 3 pole lights at the carport locations. She also presented a petition signed by the tenants and 3 of the 4 private owners stating that they are in favor of building these carports and this project.

Lisa had submitted a new calculation of lot coverage for this project, which involves both the Village District and Rural Residential I, and she had found that there would be an increase of 1.2 %. However, the facility has pre-existing non-complying structures and therefore this issue would be considered under the Conditional Use criteria.

The following issues were then discussed with Lisa and the Board members and members of the audience:

· There will be bollards at the front of the playground for safety and some type of obstruction along the drive between the buildings to keep vehicles from parking there.

· The exterior lighting will be on all night for security and safety reasons.

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· There will be interior lighting of these carports and it was agreed that these should not be visible outside the building. Lisa Moulton, one of the unit owners, suggested that these lights be motion sensor lights.

· These carports will be built to match the existing condo structures with bevelled siding and asphalt roofing.

· There will be an enclosed storage area at the rear of each carport.

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