HINESBURG DEVELOPMENT REVIEW BOARD

MINUTES OF MARCH 4, 2003

Approved 3/18/03

Present: Tom McGlenn, Howdy Russell, Clint Emmons, Ted Bloomhardt, Robert Gauthier and Greg Waples. Also Peter Erb, Zoning Administrator

Members Absent: Wayne Burgess

Members of the Audience: Andrew and Susan Lepple, George Bedard, Rod and Jean Isham, Jon MacGowan

1. MINUTES Tom McGlenn made the motion to accept the minutes of February 18, 2003 as corrected. Greg Waples seconded, and the motion was unanimously passed.

2. STANILONIS FINAL PLAT REVIEW. George Bedard joined Andrew and Susan Lepple in representing Paul and Margaret Stanilonis this evening. The Stanilonis’ are requesting Final Plat approval for a 2-lot Subdivision located on Pond Road. Their existing home will be on one lot, and the other remainder lot has no proposed development.

George Bedard addressed the conditions from the Sketch Plan Approval.

· Pointed out the existing drilled well and well-head zone, as well as an abandoned well located above the house.

· Described the new road cut north of the house to provide access for haying, and the logging access road cut to the south. One maple tree along Pond Road will have to be cut down.

· The State wastewater approval has been received

· The easement to access the 3 acre lot from the larger lot, and the deed language provided by Joe Fallon.

· George pointed out on the plat the statements regarding the logging road standards and no development without further DRB approval.

Peter Erb stressed for the benefit of the applicants that the 30 ft easement for the logging road isn’t wide enough future development.

Tom McGlenn made the motion to close the public hearing for Final Plat Review, and take it up in deliberations. The motion was seconded by Greg Waples, and unanimously passed.

3. ISHAM SKETCH PLAN REVIEW. Jean and Rod Isham described their request for a two-part Sketch Plan approval. One part is for a 2-lot Minor Subdivision in the AG district, and the second is to transfer two parcels of land to an adjoiner. They are in the process of selling development rights to the Vermont Land Trust, and they want to convey the farm to Sean and Jennifer Lang. The second part of the application is for approval to for Transfer of Land to Adjoiners of two parcels to their daughter and son-in-law.

Jean described the different parcels involved. “Farm Labor Housing” was discussed. Jean will give a copy of the Vermont Land Trust contract to Peter for the file. DRB members were interested in reviewing the permitted and conditional uses in the document. Tom McGlenn suggested this application be a two-step review, rather than three.

Tom McGlenn then made the motion to close the public discussion of this sketch plan review and take it up in deliberations. Howdy Russell seconded, and it was passed.

4. LYMAN MEADOW APARTMENT SKETCH PLAN REVIEW. Peter described a recent Supreme Court finding concerning conversion of apartments to condominiums. The Town’s subdivision zoning may be beyond the scope of current legislation. A change in “ownership” does not change zoning or use. Jon MacGowan (representing Cliffside, LLC) noted that Cliffside, LLC feels the DRB doesn’t have jurisdiction on this matter. It was decided to proceed with the sketch plan review tonight, with Cliffside, LLC reserving their rights to appeal.

The applicant is requesting approval for conversion of 9 existing apartment units located on Lyman Park Road, into condominium units. All are one-bedroom units. Greg Waples discussed the legal issues of a demo model/office, it could be considered for a conditional use review if the model was used as an office. Jon said there is not a proposal for one unit to be an office. He also asked about tenant rights.

There were discussions about the water line serving these units, and the 60 ft easement for parking and pedestrian walkway access. Peter described a culvert along the easement. Certificate of Occupancy was a detail that needs to be addressed.

Before the public discussion was closed, Jon MacGowan requested, contingent on continuing the subdivision process, that the preliminary plat and final plat review be combined.

Tom McGlenn then moved that the Board close the public discussion of this sketch plan review and waive the need for preliminary review, to be taken up in deliberations. Greg Waples seconded the motion and it was unanimously passed.

5. DELIBERATIVE SESSION Greg Waples made the motion that the Board go into deliberative session. It was seconded by Howdy Russell and passed. The following items were discussed and acted upon:

The staff will work on draft language for the Stanilonis, Isham, and Cliffside LLC applications.

Ward – Ted Bloomhardt moved to modify order. Greg Waples seconded, and it was unanimously approved.

Grabowski – Tom McGlenn moved to accept the notice of decision on the Grabovwski/Lyman Sketch Plan, as amended. Robert Gauthier seconded, 5 members voted for, 1 member against.

The meeting adjourned at 10:15

Respectfully submitted,

Sally Kimball in the absence of Holly Russell