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.

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· 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.

· Each section of the carports would be for two vehicles and there was discussion of protecting cars if there is not a barrier between them.

· These will provide 24 parking spaces for the condos with 16 additional gravel spaces directly in back of the two condo buildings.

Lisa Moulton, as one of the individual unit owners, stated that she cannot support this project and is concerned that she will be forced to buy this carport, which she feels is inadequate. Greg explained that this may be the situation when someone owns a condominium and is part of an association.

Tom McGlenn made the motion to close the public hearing and this motion was seconded by Greg Waples and passed. Tom McGlenn then made the following motion:

The Hinesburg Development Review Board hereby grants site plan approval to Jack Russell, representing the East Wind Condo Association, for construction of two carport units, storage units, dumpster enclosure and relocating the playground. The project shall be constructed as shown on the plat titled “East Wind Condos, Site Plan” and dated January 17, 2002 and last revised 7/26/02 and the plans titled “East Wind Condominiums, Carport, Storage Unit and Dumpster Enclosure” and dated June 20,2002; with the following conditions:

1. Parking shall only be in the carports or gravel parking areas in back of the condominium buildings. If experience indicates inadequate parking or unsafe traffic flow, the applicant shall immediately present proposed modifications of the site plan to the Hinesburg Development Review Board, and obtain approval of it.

2. 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. The three Gardco Form Ten pole lights as specified on the site plan shall be installed where indicated. The existing lights on the rear of the buildings shall be removed.

3. Snow shall be plowed to both sides of the gravel areas, away from the playground and carports.

4. Construction shall take place Monday through Saturday commencing at 7:00 A.M. and ceasing at 5:00 P.M.

5. Colors of the structures shall be chosen to blend with the surroundings.

6. 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.

7. Any plants and trees shown on the landscaping plan shall be properly maintained and any plants or trees that die shall be promptly replaced. Two shade trees of 2” diameter shall be planted so that they shade the playground.

8. The applicant shall obtain a zoning permit from the Zoning Administrator prior to construction.

9. The parking spaces within the carports shall be separated with a barrier so that the doors of neighboring cars cannot impact the other.

10. There shall be no storage of hazardous materials in the carports or storage buildings.

11. This approval will expire within one year of this approval date. If a zoning permit has been obtained within that year this approval will expire when the zoning permit expires, if construction has not occurred.

12. Headers shall be installed to delineate the gravel parking spaces on the east side of the parking lot.

13. Storage areas within the carports shall be enclosed cabinets at the rear of the buildings. All storage within the carports shall be within the enclosed cabinets and the parking space shall be available for registered vehicles.

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14. Lights interior to the units shall be on motion sensors such that they turn off when people are not present. The lights shall shine towards the interior of the carport units.

15. Staked concrete curb stop shall be installed at the edge of the driveway starting 12 feet prior to the south side of the condo units and continue to the parking area defined on the plan. The remaining area shall be seeded and maintained as grass lawn.

16. The water line connection to the Town of Hinesburg water system shall be installed per the submitted plan.

This motion was seconded by Tom McGlenn and passed unanimously.

The second portion of this appeal was for a conditional use permit for construction within a Flood Hazard Area as governed by Article VI of the Zoning Bylaw. The applicants had submitted letters from Karl Jurentkuff, a State Floodplain Management Engineer and April Moulaert, a State Wetlands Ecologist. The submitted plans meet the criteria of these two State letters. Clint Emmons questioned how much fill they will be adding to meet Jurentkuff’s requirement and Lisa explained they actually have to bring in very little.

Tom McGlenn then made the following motion concerning the flood plain:

The Hinesburg Development Review hereby grants conditional use approval to Jack Russell, representing the East Wind Condo Association, for construction two carport units in a Flood Hazard Area. The project shall be constructed as shown on the plat titled “East Wind Condos, Site Plan” and dated January 17, 2002 and last revised 7/26/02 and on plans titled “East Wind Condominiums; Carport, Storage Unit and Dumpster Enclosure” and dated June 20,2002; and shall be subject to the following conditions:

1. The floor level of the units shall be at least seven feet above the base flood level as indicated on the plat, thus keeping all construction above the flood plain as identified by Karl Jurentkuff, Floodplain Management Engineer for the State of Vermont Water Quality Division.

2. A letter shall be submitted from a registered professional engineer certifies that there will be no increase in flood levels during the occurrence of the base flood.

3. Any construction shall be completed as shown on the plat and plan.

4. All banks created by this construction shall be constructed to withstand saturation from flood waters or the impact of them and protected with vegetation capable of withstanding flood waters, or shall be constructed of materials that will resist such a flow. Designs for meeting this requirement must be certified by a registered professional engineer or architect.

5. These regulations do not imply that land outside the areas of special flood hazard or land uses permitted within such districts will be free from flooding or flood damages. These regulations shall not create liability on the part of the Town of Hinesburg or any town official or employee thereof for any flood damages that result from reliance on these regulations or any administrative decision lawfully made there under.

This motion was seconded by Wayne Burgess and also passed unanimously.

3. AYER – FINAL PLAT Raymond Ayer was present with George Bedard to present for final plat review a 2-lot subdivision. Lot #1 is 2.06 acres in size and located on the Hines Road and lot #3 on the plan is 2.01 acres in size and accessed by a private right-of-way off the Gilman Road. Due to the lateness of the evening, it was decided by the DRB members to have Raymond and George present information on the Hines Road lot to identify which issues need to be addressed. These lots had received preliminary plat approval with conditions at the 4/16/02 meeting of the DRB. After a presentation by George and questioning by Board members on the Hines lot, the following issues were identified as important to this project:

· There is landscaping to the north of this lot on the golf course side and it was discussed whether there should be landscaping closer to the house within the building envelope. Ted stated that there is

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extensive farmland next to this lot and a commercial golf course, so screening is an important issue.

· This house lot needs to be marked as out-of-bounds for the golf course.

· The drilled well will have to have a yield a specific number of gallons per day to meet State regulations.

· The new well will have to be located to ensure that its isolation distance remains on property owned by the applicant.

· The applicant will have to obtain permission from the Select Board to locate the utility lines under the Hines Road.

· It was decided that the language regarding the “right to farm’ provided by Marian White from the State Agricultural Department was more inclusive and should be used on the plat and in the deed language.

Tom McGlenn made the motion to continue the Ayer public hearing to the September 3, 2002 DRB meeting at beginning at 7:30 p.m. in the Town Hall. This motion was seconded by Ted Bloomhardt and passed with Clint Emmons voting against it.

The meeting was adjourned at 11:10 p.m.

Respectfully submitted,

Holly Russell, Recording Secretary

HINESBURG DEVELOPMENT REVIEW BOARD

ERNEST & THERESA GIROUX 6-LOT SUBDIVISION

MECHANICSVILLE ROAD – MULBERRY LANE

SUBDIVISION 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 (including Site Plan Approval) with 2 Common Areas of a 65 acre parcel of land owned by Ernest and Theresa Giroux located on the east side of the Mechanicsville Road. This approval is also for a Conditional Use Permit to allow the applicants to move the Village and Rural Residential District boundaries lines per Section 1.3 of the Hinesburg Zoning Bylaws. The subdivision shall be as shown on plans prepared by O’Leary-Burke Civil Associates, PLC entitled “Context Map” Sheet #1 and dated 5/1/02 and Sheets #2-6 dated 4/24/02 and revised 6/17/02; and a survey entitled AProperty Plat 7-lot Subdivision@ by George Bedard and dated June 19, 2002. This approval is based on Findings of Fact and 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.

2. 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.

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

5. A roadway serving more than one house is proposed. The road shall be built in accordance with the plans submitted and approved by the Development Review Board. The Association (Mulberry Lane Homeowner’s Association, Inc, a Vermont non-profit corporation) shall be as per the submitted and approved “Declaration of Covenants, Conditions and Restrictions of Mulberry Lane” be responsible for:

(i) The Association shall be responsible for maintaining, repairing, replacing and plowing the roadways, and any parking areas depicted on the Plan, unless and until they are accepted by the Town…

(ii) The Association shall maintain all drainageways and swales upon the Property and shall do whatever is necessary to keep such drainageways and swales free from debris and other material, which might hamper natural surface drainage.

(iii) The Association shall be responsible for any maintenance to the Common Areas, including the water, sewer and storm drain infrastructure, unless and until such infrastructure is taken over by the Town of Hinesburg.

6. 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 engineer in charge of road construction submit a letter to the Zoning Administrator stating that the road has been built in accordance with this approval and the approved plans.

7. Final Town approval of the two curb cuts shall be obtained from the Road Foreman prior to the granting of the first Certificate of Occupancy.

8. The deed language set forth in the document titled Declaration of Covenants, Conditions and Restrictions of Mulberry Lane establishes the method of sharing the maintenance, repair, snow plowing and any other

Mulberry Lane Subdivision Conditions of Approval Page 2

expenses for the common portion of the roadway are approved and shall be included in all lot deeds.

9. 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.

10. "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 been completed within 3 years from the date of this approval, final plat approval shall expire.

11. 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.

12. Any design changes from the approved plat of the utility lines or sewage system shall be approved by the design engineer, and the Zoning Administrator shall be notified of such. Minor changes in the position of the utility or sewer system elements to avoid unforeseen problems shall not require Development Review Board approval as long as the design engineer has been notified.

13. 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 is constructed.

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

15. All blasting shall be done per a submitted document from Rockaway Drilling and Blasting, entitled Blast Plan for the Mechanicsville Road and neighbors shall be notified one week prior to the time this will occur.

16. 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.

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

18. 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 permits have been obtained and any language included in the covenants and other legal documents submitted with this application have been reviewed to reflect the new application.

19. An Irrevocable Offer of Dedication shall be made to the Town of Hinesburg for the road serving this subdivision and included as part of this approval.

20. Landscaping shall be provided as per the approved plan including street trees shall be planted an average of but no more than 40 feet apart on Mulberry Lane, on the north side except where planted with cedars, and on the south side beyond the hammerhead. Such plantings shall meet the requirements of Section 7.4 of the Subdivision Regulations 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.

Mulberry Lane Subdivision Conditions of Approval Page 3

21. The installation of the sidewalk along Mechanicsville Road shall be triggered by any of the following four triggers:

(i) When the installation of a sidewalk is a requirement of the subdivision of the Leggett property to the south, and/or

(ii) if Mulberry Lane is extended for further development, and/or

(iii) when 10 units of the second phase condominiums have been constructed, or

(iv) when the Town of Hinesburg takes over Mulberry Lane as part of public infrastructure.

These sidewalks shall be installed by the developer within 3 months of, or the next construction season after, the trigger is activated. This sidewalk, once constructed, will be maintained by the Town of Hinesburg.

22. The installation of the sidewalks along Mulberry Lane will be triggered when Mulberry Lane is extended for further development and/or when 10 units of the second phase condominiums have been completed and/or when the Town of Hinesburg takes over Mulberry Lane as part of public infrastructure. These sidewalks shall be installed by the developer at the time the trigger is activated. These sidewalks shall be maintained by the Mulberry Lane Homeowners Association until such time as the Town of Hinesburg takes over Mulberry Lane.

23. The sidewalk on the Mechanicsville Road shall be constructed in the proposed 20’ sidewalk easement. Sidewalks constructed along the Mechanicsville Road or along Mulberry Lane shall be concrete, 5’’ deep (6” deep across driveways) five feet wide on a compacted layer of crushed gravel.

24. On the areas designated as Common Lands on the approved plans, and as per Article III, A (vii) of the Protective Covenants: There shall be no removal, destruction or cutting of trees or plants on the Commons Land without the express written consent of the Board and no clearing of trees on the Common Land other than the removal of dead trees certified by an arborist.

25. 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 terraced not creating a wall over 6’ high.

28. The hours of construction shall be 7:30 a.m. to 5:00 p.m. Monday through Saturday.

This subdivision has been approved as a Planned Residential Development with Site Plan Approval and the following sections of the Hinesburg Zoning Bylaw have been waived:

1. Section 3.4.5allowing an additional road-cut onto a Town road within the Village District to protect a wetland.

2. Section 3.4.5(5) to allow for the sidewalks to not be constructed prior to the lots being sold and built on, but the developer will meet the “trigger” schedule described in the conditions of approval.

3. Sections 3.4.5(3) and 2.5.1 will allow the garage setback to be reduced on lot #1 to allow for more usable backyard.

This subdivision has also been granted a Conditional Use Permit as a Planned Residential Development to reduce the lot sizes in the Rural Residential District and to shift the Zoning Line between the Village and Rural Residential I Districts to create a village type setting.

_____________________________________ ____________________

Tom McGlenn, Chair Date

Hinesburg Development Review Board

GIROUX/BARONE

SIX-LOT SINGLE FAMILY

FINDINGS OF FACT

This subdivision has been approved based on the fact that it meets the planning standards of the Hinesburg Subdivision Regulations. This approval was for a Planned Residential Development and included Site Plan Approval.

6.1.1 – Suitability for Development: The land proposed for subdivision is suitable for development at the density and configuration proposed. There are 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.

Road and/trail connections to Lavigne Hill Road, the Quinn land to the north, and the Russell land to the south appear to be possible through this property and should be part of the discussion in future phases.

6.1.2 – Natural Features Protection: There is a stream with associated wetlands located east of Lot #6 and other isolated wetlands on Lot #6 and another running parallel to the Mechanicsville Road on lots #1 and 2. The applicant’s wetland consultant has flagged the wetlands and identified them to be Class III wetlands, not subject to the State Wetland Rules.

6.1.3 – Cultural Features Protection: There are no major scenic or historic features of this site. As per this section of the Subdivision Regulations subdivisions in village areas should focus on creating “compact, historic, pedestrian-oriented settlement patterns.” This proposed subdivision generally fits the historic pattern specified in the regulations. The building envelopes are located in such a way that the buildings will line up along the road. There are also proposed sidewalks that will eventually connect this subdivision to Town sidewalks. The exposed foundation on lot #3 shall be minimized with plantings.

6.1.4 – Open Space and Recreation: This Planned Residential Development includes two blocks of common land totaling 2.96 acres. This commons land protects a portion of the wetlands east of Lot #6 and the existing clump of trees west of lot #5. Deed language has been provided for the management of this common land.

6.1.5 – Compatibility with Surroundings: The proposed density, building sizes, pattern of development, and configuration of lots appear to be compatible with the surrounding properties, and the natural and built environment. There has been a blasting plan submitted and approved that includes notifying the adjacent landowners and limiting the hours that blasting shall occur.

6.1.6 – Transportation: Access to five of the lots shall be by a 22’ wide, 500’ long road with a hammerhead turn-around. Lot #2 shall be accessed directly from the Mechanicsville Road. These road-cut onto the Town road have been approved by the Select Board. the project will not create an unsafe condition on the Mechanicsville Road and Mike Anthony, Road Foreman, reports that the site distances at the proposed road cuts are good.

The proposed layout of the road provides appropriate access to the project and possible future projects on the property. The road location may be able to link Mulberry Lane to the existing private road that could serve Phase II and/or possible a future connection to adjoining properties as well as to the Lavigne Hill Road.

Included in this approval is a waiver from Section 3.4.5 of the Zoning Bylaw to allow for two road-cuts within the Village District for this project.

6.1.7 – Soil Erosion and Stormwater Runoff: Drainage from the proposed development road is proposed to flow down to the Mechanicsville Road and north in front of the property to the north and eventually to the Canal. Detailed erosion control measures are proposed and meet the minimum specifications for roadside ditches in the Hinesburg Policy for Transportation Construction and Improvements.

Giroux/Barone Finding of Fact Page 2

6.1.8 – Water Supply: This project shall be connected to the municipal water system and at this time the Town water supply has sufficient capacity to serve this project.

6.1.9 – Wastewater Disposal: The Select Board has approved sewer allocations for these 6 single-family units in this project.

6.1.10 – Agriculture/Forestry: This land has not been in use for agriculture for many years and the land is located in or near the village. No agricultural operations are taking place on adjoining land (except the Russells’ sugaring) that would be impacted by this project and there are no significant forest stands on the portion of the site to be developed.

6.1.11 – Municipal Services: This project is not likely to place an unreasonable burden on the ability of the town to provide services if the road is constructed to Town standards and maintained privately. Deed provision have been presented and approved for the road’s maintenance and snow plowing so that the properties can be accessed by emergency vehicles year-round.

6.1.12 – Energy Conservation: This parcel of land is orientated so that it precludes the use of solar energy. The village location and the provision of sidewalks will give residents the option of walking instead of driving for errands in the village and/or the high school.

7.3 – Outdoor Lighting: No street lights are proposed or required and any lighting on the lots will meet the requirements for shielded exterior lighting.

7.4 and 7.5 – Shade Trees and Landscaping: Hardwood street trees of a sufficient size and a cedar hedge along the northern boundary to provide some screening for the adjoining property have been proposed and accepted.

7.9 – Utilities: All utility lines shall be underground.

The subdivision has been approved as a Planned Residential Development under Section 4.5.1 of the Hinesburg Zoning Bylaw and the following waivers were granted:

1. Under Section 3.4.5, an additional road-cut onto a town road within the village district to protect a wetland.

2. Under Section 3.4.5(5), the sidewalks will not be constructed prior to the lots being sold and built on but meet the “trigger’ schedule described in the conditions of approval.

3. Under Sections 3.4.5(3) and 2.5.1 the garage setback is reduced to allow for more usable backyard.

This subdivision has also been granted a Conditional Use Permit as a Planned Residential Development to reduce the lot sizes in the Rural Residential District and to shift the Zoning District Line between the Village and Rural Residential I Districts to create a village type setting.

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- deed restriction on common land re tree cutting

- austrian pine vs. ??????

- 8' drop on lot 2 vx walkouts etc. and russ going with the lay of the land etc.

- russ offered to limit the height of the access buildings to the ELEVATION of the primary structure

- be sure that the PRD deals with any possible non complying creations