HINESBURG DEVELOPMENT REVIEW BOARD

MINUTES OF SEPTEMBER 3, 2002

Approved 9/17/02

Present: Tom McGlenn, Howdy Russell, Carrie Fenn, Clint Emmons, Wayne Burgess and Ted Bloomhardt. Also Peter Erb, Zoning Administrator and Jeanne Wilson, Town Administrator.

Members of the Audience: Jeffry Galper, Bill Leggett, Everett O’Brien, James and Nancy Stowe, Molly O’Neill, Ashley Haywood, Sally Reiss, Bill Hallock, Greg LeRoy, Sam Evanson, & Chuck and Sally Reiss.

1. MINUTES AND OFFICIAL DECISION Tom McGlenn made the motion to

accept the minutes of August 20, 2002 as corrected. This motion was seconded by Howdy Russell and passed.

Ted Bloomhardt then made the motion to accept the Official Decision for the conditional use permit for East Wind condo’s. This motion was seconded by Wayne Burgess and passed.

Tom McGlenn then made the motion to accept the Final Plat Conditions of Approval for the Giroux/Barone subdivisions located on the Mechanicsville Road. This motion was seconded by Clint Emmons and passed unanimously.

2. AYER – FINAL PLAT

Tom McGlenn explained that the first item of business was a continued public hearing for final plat review of a three-lot subdivision proposed by Raymond and Ruth Ayer. Raymond was present with George Bedard to further explained this project. There is a 2.06 acre lot on the Hines Road, a 2.01 acre lot accessed off the Gilman Road, and the remaining approximately 279 acres associated with Cedar Knoll Golf Course.

The Board first addressed the lot on the Hines Road Tom McGlenn went through the following submittal requirements from the preliminary plat review that was granted on 4/16/02:

1. Landscaping – There are 6 maples already planted on the golf course and these will be maintained by Raymond. George felt that this lot will be back dropped by trees and therefore extensive screening is not necessary.

2. Westerly landscaping – There will be 3 maples to screen the farm land next door and it was suggested that evergreens be planted between these hardwoods.

3. Act 250 – Raymond had submitted a letter from Marian White, who is with the State Depart of Agriculture, in regard to the prime ag soils on this lot stating: her department “finds it (this new lot) will not make a significant impact on the agricultural potential of the parcel.”

4. Right-to-farm language – After some discussion it was agreed to use the language George had put on the plat with additional wording from Marian

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White. It was felt that even though the cows on the farm to the west have been sold, this land could still be used for farming.

Other issues with this proposal on the Hines Road were then discussed:

· The main change on the plat is the relocation of the drilled well. By changing this location, the isolation protection zone will remain on Ayer property and not extend onto land across the street, not owned by the Ayers.

· There is more than sufficient water for wells in this area of town. The amount of water required will be per the notes on the engineer’s septic design plans.

· The utility lines will be buried and they need to receive approval from the Select Board to dig under the Hines Road.

The Board then proceeded with the review of the proposed lot on the Gilman Road. George explained that this lot is accessed by a private right-of-way. He then explained some of the following issues with this lot:

· This right-of-way is located on a strip of land that connects the golf course piece with the Gilman Road. The private road to this new lot is shown on the plan to extend onto this golf course lot.

· The grades of this roadway are from 3% to 11% and the plan submitted shows the existing contours and the cut lines for constructing this road. He explained the discrepancy between the original contour lines and those on the final plat.

· The drainage from the top of this road will be directed to the south. There will be a swale along the upper edge of the roadway to direct runoff down to the ditch on the Gilman Road and through a town culvert and eventually into the LaPlatte River.

· The building envelope will designate the no-cut zone on this lot, which is quite wooded.

· The erosion control plan submitted was for a green on the golf course showing hay bales dikes and other methods that would be used.

· Although not shown on the plan, the well-head protection area will remain on this lot.

· Raymond passed around a plan from Green Mountain power showing the location of the underground utilities. There will be an easement to have this line go up the roadway, then to the house, with a trench to the land beyond.

· The plan does show the location for an emergency vehicles turn-around on a fairly level spot.

The area of major concern to the Board members was the lack of detail on the plans for the construction of the roadway for this new lot. Condition #2 from preliminary plat approval stated: ‘Road design details from Gilman Road to the terminus, and the driveway from the right-of-way to the house site, showing cross section, slopes, construction details, including cut and fill, and downslope descriptions and design details, water control

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provisions, and erosion control measures both during and following construction.” It was felt that these details had not been submitted for the Board’s review. Several Board members felt that there should be engineered plans submitted for this road. George stated the applicants would not submit more detail than that already shown on the plat. At the time of the site visit to this property by the Board members, there had been concern about the steepness of this property and any runoff associated with it.

It was also felt that there would need to be more detail on the extension of this road, past the proposed driveway to the house lot. There will be the removal of a lot of ledge to improve the grades to this portion and George said that this rock would be used in constructing the roadway up to the house. However, he said that they could remove this extension from the plan and use other materials to build the road.

There were then questions about the actual driveway to this house and George explained that they would have to cut through to make it level in this area. The members felt this is another area that needs more engineering details on the plan.

Tom then asked the applicants again whether they would be submitting any new information on this proposal and George said they would not. Tom then made the motion to close the public hearing for review of this 3-lot subdivision and this motion was seconded by Carrie Fenn and passed. The staff was then instructed to draft a motion on the lot on the Gilman Road.

Ted Bloomhardt read the following motion for the 2.06 acre lot on the Hines Road. (see attached sheets) This motion was seconded by Clint Emmons and passed.

3. O’NEILL – FINAL PLAT The next public hearing was for final plat review of the

James and Charlene O’Neill subdivision which is located on the south side of the upper portion of Buck Hill Road West. This proposed subdivision consists of a 3.46 acre lot with a house and garage and a proposed new 4.26 acre lot. George Bedard was with Charlene to make this presentation.

George presented the following information on this proposal:

· The septic system for the new lot #2 if located on the existing lot #1.

· Cathy O’Brien, a wetland consultant, has identified the Class 3 wetlands on lot #2 and these have been delineated on the plat. There is also a warning on the plat as to what restrictions will pertain to this wetland area. There is about 3,030 square feet of wetland in the building envelope. The driveway, utility lines and sewer lines are located outside the wetland.

· There will be buffer zones between the existing house and the location of the new house and these are also shown on the plat.

· The area where the building envelope will be is quite open and not wooded.

Tom went through the issues that were identified at the time of sketch plan approval on 6/04/02 and what new information should be submitted and/or addressed:

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#5. In regard to the driveway onto the Town road, George explained that the grade is about 2-3% and there will be ditches on the side of it to draw water toward the road and back onto the wet land on the new lot. Mike Anthony, the Town Road foreman, wanted the culverts to be back behind the existing stone wall.

#14. This issue involved this applicant paying a portion of any upgrading of upper Buck Hill Road if done by the Goodriches as part of their subdivision. Ted felt that although this is only one new lot, it is adding to the increase in traffic on this road. Tom emphasized that discussion of lower Buck Hill Road is not germane to this subdivision and was not a requirement from sketch plan approval.

#8. This condition had to do with the location of the utility lines and a lengthy discussion of this issue occurred. The utility lines will be underground and shown on the plan to go from O’Neill house lot, across the Buck Hill Road to a vault on the Goodrich property and back to the proposed new lot. There were concerns about the amount of trees that could be cut and whether this line would go through a vernal pool on the Goodrich property

George said that Kathy O’Brien, a wetland engineer, has visited the property and this is not a vernal pool but a class #3 wetland. The utility easement will be west of this area.

Charlene and several of the neighbors were concerned about the canopy of trees over this Town road. George assured them and the Board that this utility easement (which is 20’ in width) will be back from the road and large trees will not be removed. Peter Erb, in his memo to the Board had suggested that the power be on the south side on the Town road on the O’Neill’s property. George explained that the septic area for lot #2 is in this location and it would be safer to not have the power lines and septic lines in close proximity. George explained that this line will be 40’ back from the edge of the road and therefore the canopy would be protected.

Tom McGlenn made the motion to close the O’Neill public hearing and this motion was seconded by Howdy Russell and passed. The staff will draft a motion on this proposed subdivision.

4. BURNETT – SITE PLAN AND CONDITIONAL USE

Jim Burnett with George Bedard presented a plan to install a scale to weigh trucks at their junk yard on the east side of Route 116 north of the Village. This proposal requires both site plan approval and a conditional use permit.

The following issues were then presented and discussed about this project:

· This scale will be located at the back of the lot to have it out of the busy part of their operation.

· Given the location of dumpsters, the interior gravel road and the size of the trucks, it would be difficult for the trucks to drive directly onto this scale and around the yard. George felt it would be very expensive to construct a longer loop road so that the trucks didn’t have to back onto the scale.

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· There will therefore be a beeper sound when the trucks back onto the scale.

· Jim said there would be probably 4 – 5 trucks a day backing onto the scale and they have other trucks backing with beepers through out their yard most of the workday. He thought it would take about 30 seconds for each truck to back onto the scale.

· This is a different type of scale than at the Casey gravel pit and they should not use this as part of the roadway with continuous traffic.

· This scale would only be for the Burnetts’ business and they would not have other truckers or the police use it for weighing.

George said that this scale will be at the back of the yard and won’t bother the neighbors. However, Bill Kallock, a neighbor from Billings Farm Road to the south and east of the yard, was concerned about the beeper noise from trucks using this new scale. He said that the hillside above it is ledge and he feels that this will amplify the noise. He hears some of the beepers now. Ted felt that there are a lot of beepers from backing trucks now and the number using the new scale will not be a large increase. Wayne agreed with this concept.

Ted then explained that usually the Board would require more details on parking and traffic for a site plan, but as this proposal will be inside an existing facility and traffic controlled by the applicants, there was sufficient information submitted.

Tom McGlenn made the motion to close the public hearing and this motion was seconded by Howdy Russell and passed. Tom McGlenn made the following motion to grant site plan approval:

The Hinesburg Development Review Board grants site Plan Approval to Jim and Mark Burnett to install a truck scale within their scrap metal yard on Vermont Route 116 north. This property is identified on the Hinesburg Tax Maps as parcel #4-01-31 and this request is governed by Section 4.3 of the Hinesburg Zoning Bylaws. This approval is granted with the following conditions:

The construction shall be as shown on the plans submitted with this application and titled “Site Plan for Mark & James Burnett - Junk Yard Parcel’” and dated 7/28/2002.
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 same.
This approval will expire within one year of this approval date. If a zoning permit has not been obtained within that year this approval will expire when the zoning permit expires, if construction has not begun.
This approval is granted based on limited internal circulation detail and is approved due to the fact that all vehicles on the lot are under the control of the applicants.

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This motion was seconded by Wayne Burgess and passed.

Tom McGlenn made the following motion to grant a conditional use permit:

The Hinesburg Development Review Board grants a conditional use permit to Jim and Mark Burnett to install a truck scale within their Scrap metal Yard on Vermont Route 116 north. This property is identified on the Hinesburg Tax Maps as parcel #4-01-31 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. The construction shall be a shown on the plan submitted with this application and titled “Site Plan for Mark & James Burnett - Junk Yard Parcel” and dated 7/28/2002.

2. If exterior lighting is installed, it 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. The light shall only be used during business hours.

3. This scale shall be used only for business bringing metal to and from the yard and not for the weighing of other vehicles unrelated to the scrap metal business.

4. The scale shall be used during the hours previously permitted for this business which are 7:00 A.M. to 6:00 P.M., Monday through Friday and 8:00 A.M.to noon on Saturdays.

5. All conditions contained in the Conditional Use permit granted this business on 4/17/01 by the Hinesburg Zoning Board shall remain in effect.

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

7. 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 Ted Bloomhardt and passed.

The meeting was adjourned at 11:10 after the members were reminded of the Planning Commission’s public hearing on Wednesday for a zoning district change.

Respectfully submitted,

Holly Russell, Recording Secretary

HINESBURG DEVELOPMENT REVIEW BOARD

AYER HINES ROAD 1-LOT SUBDIVISION

FINAL PLAT APPROVAL

The Hinesburg Development Review Board hereby grants final plat approval for a 2.06 acre lot subdivided off the remainder of the approximately 279 acre property owned by Raymond H. & Ruth M. Ayer. The subdivision shall be as shown on a plat titled Raymond H and Ruth M Ayer, “Hines Road Lot” and dated February 20, 2002, Revised 7-1-02. The septic plan titled “Sanitary Design” for Raymond and Ruth Ayer, Hines Road and prepared by Ridge Consulting Engineers and dated 2/22/02. This approval is subject to the following conditions:

Utility lines shall be placed underground as required in Section 7.9.1 of the Subdivision Regulations. Prior to receiving a building permit, the applicant shall present a letter to the Zoning Administrator from the Select Board indicating that they have permission to install the power under the Hines Road.
The lot 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.
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.
All principal structures and garages shall be in the building envelope shown on the plan.
A driveway, to serve only one lot, is proposed from the Town road to the house. The driveway shall be constructed, maintained and plowed at least 12 feet in width.
A final approval for the curb cut shall be obtained from the Select Board prior to a building permit being issued.
The applicant is reminded of the necessity of obtaining all local or state permits including the revisions to the original/revised Act 250 Permit for Cedar Knoll Golf Course.
The septic system is designed for a 4-bedroom house and shall be installed in such a way that it meets the standards of the State Environmental Protection Rules and as shown on a plan by Ridge Consulting Engineers, titled “Sanitary Design Raymond and Ruth Ayer” and dated 2-22-02, specifically the “Notice to the Landowner” and the “notes” in the Invert Table.
Before obtaining a Certificate of Occupancy, the owner of the land shall require that an engineer submit a letter to the Zoning Administrator stating that the septic system has been built in accordance with the approved plan.
“Substantial Construction” for this subdivision shall consist of a completed survey with monuments set at all corners and angle points of the boundaries of the subdivision and planting of the required landscaping. In accordance with Section 8.9 of the Subdivision Regulation, if substantial construction has not begun within 3 years from the date of this approval, final plat approval shall expire.

AYER HINES ROAD FINAL PLAT CONDITIONS Page 2

In accordance with State Statue, the mylar of this subdivision shall be recorded in the Hinesburg Land Records within 90 days of this approval along with the DRB Conditions of Approval.
A minimum of 2 cedars shall be installed between each maple on the west side of the property and all plantings shown on the plat shall be maintained by the lot owner and dead trees shall be promptly replaced.
No further subdivision on the remaining approximately 279-acre parcel shall occur without review and approval of the Development Review Board.
A Certificate of Occupancy will not be issued without evidence of a water supply adequate to meet the standards in submitted design notes on the sanitary design plans prepared by Ridge Consulting Engineers.
Landscaping is proposed on the golf course from which this lot is being subdivided to screen the residential use from the commercial golf course uses. The landscaping existing on the golf course and the additional golf course landscaping to screen this lot shall be maintained by the owner of the golf course lot and dead trees shall be promptly replaced.
The agriculture note on the plat on the lot to the west shall have the following wording: “This property is part of an active agricultural operation that will be utilizing normal agricultural practices and those agricultural practices may generate noise and odors and attract insects. Agricultural uses shall include cultivated fields, orchards and pastures in accordance with good agricultural practices as defined in 12 V.S.A. Ch. 195. The current or future agricultural uses may include, without limitation, plowing, planting, fertilizing and the use of agricultural chemical, pesticides and herbicides in the course of cultivating, harvesting, storing and transporting agricultural feed or product.” This wording in total shall be included in the deed for this lot.

__________________________________ ___________________

Thomas McGlenn, Chair Date

Hinesburg Development Review Board

HINESBURG DEVELOPMENT REVIEW BOARD

JAMES and CHARLENE O’NEILL

2-LOT SUBDIVISION APPROVAL

The Hinesburg Development Review Board hereby grants final plat approval to James and Charlene O’Neill for a two-lot single-family residential subdivision located on Buck Hill Road West. This subdivision consists of an existing house on a 3.46 acre lot and a new lot 4.26 acres in size. The subdivision shall be as proposed by the applicant and as shown on a plat titled “2 Lot Subdivision for James M. & Charlene H. O’Neill” dated 7/28/02 and revised 8/12/02 and a site plan prepared by Willis Design Assoc., Inc titled “O’Neill Property” sheet 1 & 2 and dated 8/1/02. This subdivision is approved with the following conditions:

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.
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.
Any principal structure or garage shall be located within the building envelope shown on the plat. Permanent metal pins shall be driven at all corners and in the approximate center of the two longest boundaries of the building envelope. The class three wetland shown on the plat shall be used in conformance with the “Note” on the approved plat.
A driveway, to serve only this one lot, proposed from the Town Road to the lot shall be constructed, maintained and plowed at least 12 feet in width. Water collected from the ditch located along the uphill side of the driveway leading to lot #2 shall pass through a culvert or culverts so that it does not exit into the ditch that now exists on the south side of Buck Hill Road West.
A final approval for the curb cut shall be obtained from the Select Board prior to the issuance of a building permit.
The force main for the sewage system shall be installed on the southern edge of the deeded sewer easement to avoid impacting the root system of the road-side trees
Prior to the issuance of a Certificate of Occupancy for the new dwelling, an engineer shall submit a letter to the Zoning Administrator stating that the septic system has been built in accordance with the approved plans and these conditions.
Prior to the issuance of a Certificate of Occupancy for the new dwelling, a potable water source must be certified that meets all applicable State Regulations.
Utility lines shall be located underground as required in Section 7.9.1 of the Subdivision Regulations.
Prior to Lot #2 being transferred, easement language and a detailed plan showing the power crossing the road and detail of the provision on the Goodrich property to minimize clearing requirements on the Goodrich side of the road shall be

O’Neill Final Plat Conditions Page 2

submitted to the Development Review Board for review and approval shall be obtained. All required right-of-way’s on lot #1 shall be reserved to allow power to transition lot #1 and this deed language shall be submitted to the Development Review Board along with the detailed power plan. Power shall not be supplied to the lot #2 until such time as the source on the North side of the Buck Hill Road West has received all necessary approvals from the Select Board and the Vermont Electric Cooperative.

Prior to the issuance of a Certificate of Occupancy for the new dwelling, the owner of the land shall submit to the Zoning Administrator a letter from the power company or installing contractor stating that the utilities have been installed in accordance with the approved plans.
“Substantial Construction” of this subdivision shall consist of the construction of the driveway to the required specifications. 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, this final plat approval shall expire.
In accordance with State Statute, the mylar of this subdivision shall be recorded in the Hinesburg Land Records within 90 days of this approval along with these Conditions of Approval.
No further subdivision of this property shall occur without review and approval of the Hinesburg Development Review Board.
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.
Prior to Lot #2 being transferred, the applicant shall place in escrow, on a proportional ratio, the cost of the improvements to Upper Buck Hill West that will be performed as a requirement of the proposed Goodrich subdivision. Such amount to be a proportional ratio of a current estimate of the work delineated on the engineering plans by O’Leary-Burke for the Goodrich Parcel dated 9/08/02. The estimate amount shall be provided to the Development Review Board. If the Goodrich subdivision does not receive approval within 3 years, this requirement shall become null and void and any funds in escrow shall be refunded to the property owner.

______________________________ _______________

Thomas McGlenn, Chair Date Approved

Development Review Board

HINESBURG DEVELOPMENT REVIEW BOARD

AYER GILMAN ROAD 1-LOT SUBDIVISION

FINAL PLAT APPROVAL

The Hinesburg Development Review Board hereby grants final plat approval for a 2.01 acre lot subdivided off the remainder of the approximately 279 acre property owned by Raymond H. & Ruth M. Ayer. The subdivision shall be as shown on a plat titled Raymond H and Ruth M Ayer, “Hines Road Lot” and dated February 20, 2002, Revised 7-1-02. This approval includes approval of the septic design as presented on a plan titled “Sanitary Design – Raymond Ayer, Gilmond Street” and dated 1/28/91. This approval is subject to the following conditions:

Utility lines shall be placed underground as required in Section 7.9.1 of the Subdivision Regulations.
The lot 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.
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.
All principal structures and garages shall be in the building envelope shown on the plan.
The applicant is reminded of the necessity of obtaining all local or state permits including the revisions to the original/revised Act 250 Permit for Cedar Knoll Golf Course.
Before obtaining a Certificate of Occupancy, the owner of the land shall require that an engineer submit a letter to the Zoning Administrator stating that the septic system has been built in accordance with the approved plan.
“Substantial Construction” for this subdivision shall consist of …?? In accordance with Section 8.9 of the Subdivision Regulation, if substantial construction has not begun within 3 years from the date of this approval, final plat approval shall expire.
In accordance with State Statue, the mylar of this subdivision shall be recorded in the Hinesburg Land Records within 90 days of this approval along with the DRB Conditions of Approval.
No further subdivision on the remaining approximately 279-acre parcel shall occur without review and approval of the Development Review Board.
A Certificate of Occupancy will not be issued without evidence of a water supply adequate to meet State standards.

Findings of Fact

Raymond H. & Ruth M. Ayer

Hines Rd Lot

(Section numbers are based on those found in the Planning and Design standards of the Subdivision Regulations)

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. The lot is bound on the north by a golf course which will have some screening and on the west by agricultural land which will be covered with “right-to-farm” provisions.

6.1.2 - Natural Features Protection – There are no natural features on this lot.

6.1.3 - Cultural Features Protection: This lot is visible to the general public from Gilman, Hines and Route 116. The proposed building site is almost in the middle of an expanse of open agricultural land. There will be landscaping on the west, east and north (on the golf course) that minimizes this effect.

6.1.4 - Open Space and Recreation: There is a public golf course to the north of the lot.

6.1.5 - Compatibility with Surroundings: It has been proposed that the owner of this house will have landscaping around the house to meet the pattern of older houses in the neighborhood.

6.1.6 – Transportation; The lot will have no impact on transportation

6.1.7. - Soil Erosion and Stormwater Runoff: The land is very level and erosion should not be a problem as long as the new contours around the house and septic system are promptly mulched and seeded

6.1.8 - Water Supply: Well logs for surrounding properties establish that there is sufficient water for this new house. The isolation protection area for this new drilled well does not go beyond property owned by the Ayers.

6.1.9 - Wastewater Disposal: The soils test data provided indicates that the septic system locations have soils suitable for an in-ground system. The slope of the land is minimal and there is a note on the plan stating that any changes to the elevations should be reviewed and approved.

6.1.10 - Agriculture/Forestry: There was no existing farming taking place on this lot, however the lot is adjacent to active farmland. A letter from the State Agriculture Department indicates that this lot will not have a “significant impact to the agricultural potential of the parcel nor of the surrounding area for the purposes of Act 250.” Deed

Ayer Hines Road Lot Findings of Fact Page 2

language pertaining to the agricultural land to the west will be included in the deed and recorded on the plat.

6.1.11 - Municipal Services: The project is not likely to place an unreasonable burden on the ability of the town to provide services. The applicant will have to receive approval form the Selectboard to place the power under Hines Road.

6.1.12 - Energy Conservation: The proposed development promotes energy conservation to the extent that the building envelope for the house is located in such a way that it can benefit from solar access.

6.1.13 - Conformance with Town Bylaws and Plan: The lot and house site conform to the Zoning Bylaw.

FINDINGS OF FACT

James and Charlene O’Neill

Buck Hill Road West Subdivision

(Section numbers are based on those found in the Planning and Design standards of the Subdivision Regulations)

6.1.2 - Natural Features Protection – There is a Class Three wetland on this property that is delineated on the plat. There is also a note on the plat to contact the Army Corps of Engineers “prior to any activity within the wetland area.”

6.1.3 - Cultural Features Protection: The proposed house site is not readily visible from the road or from the distance.

6.1.4 - Open Space and Recreation: There are hiking trails in this area of Hinesburg but these are not located on this new lot.

6.1.5 - Compatibility with Surroundings: This lot is located in an area that has similar residential development.

6.1.6 – Transportation: This lot has received a road cut approval from the Select Board and the owners will pay proportionally in any upgrading by other private landowners of Upper Buck Hill Road West.

6.1.7. - Soil Erosion and Stormwater Runoff: There will be ditching on the sides of this new driveway to control stormwater runoff. Any 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.

6.1.8 - Water Supply: Well logs for surrounding properties establish that there is sufficient water for this new house and there is a requirement that the well yield meet State standards.

6.1.9 - Wastewater Disposal: The septic system for this lot #2 is located on lot #1 and there is a deeded easement for this system.

6.1.10 - Agriculture/Forestry: There is no existing farming taking place on this lot. The forestland is in the early pioneer stages and neither the site nor the trees are suitable for logging.

O’Neill Findings of Fact Page 2

6.1.11 - Municipal Services: This lot is located on a Town Road that is maintained by the Town and it is accessible for local emergency vehicles.

6.1.12 - Energy Conservation: The location of the building envelope offers good solar access in a reasonably sheltered location from the wind.

6.1.13 - Conformance with Town Bylaws and Plan: The lot and house site conform to the Zoning Bylaw and Town Plan.