HINESBURG DEVELOPMENT REVIEW BOARD

MINUTES OF MAY 20, 2003

Approved 6/03/03

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

Members of the Public: Al Barber, Russ Barone, Helen Kopcik, and Melissa Levy (from the Conservation Commission).

1. MINUTES – Greg Waples made the motion to accept the minutes of May 6, 2003 as corrected. This motion was seconded by Robert Gauthier and passed.

2. Tom McGlenn then made the motion that the Board go into executive session to seek legal council from the Town Agent, Bud Allen. This motion was seconded by Greg Waples and passed unanimously. The Board members returned to the hearing and explained that they had been discussing issues with Attorney Allen in regard to the Barone subdivision.

3. PICARD – CONDITIONAL USE PERMIT Tom McGlenn opened the public hearing for an appeal for a conditional use permit by Eric Picard to construct a detached garage with an accessory apartment as governed by Section 5.9 of the Bylaw.

Eric explained the following aspects of his proposal and answered questions from the Board members:

· There was some question as to the specific size of the garage and apartment living space. Under this Section 5.9.1(2) of the Bylaw as an apartment in an accessory structure cannot have a living space of over 600 square feet.

· This new garage will have the same siding as the barn already on this property and the roof material and color will match that of the house.

· The applicant is in the process of having his engineering firm obtain State approval of the existing septic system and determination of whether it will be adequate for another living unit.

· There is sufficient parking for this new unit.

· Gasoline and any other flammables will be stored in the existing barn, not this structure with the apartment.

· Any exterior lighting will be motion detection and not a spot light and located at the door to the apartment.

· It was explained that one of the criteria for approval is whether a use fits the character of the neighborhood.

Tom McGlenn made the motion to close the public hearing on this conditional use appeal and the Board take up this application in deliberative session in order to render a decision. This motion was seconded by Greg Waples and passed.

4. EMMONS – SKETCH PLAN Clint Emmons recused himself from the Board to present a proposal for sketch plan review. Clint explained the following aspects of his proposal to further subdivide his property on the C.V.U. Road.

• The plan is to subdivide lot #2 with a new lot being 1.5 acres in size and the remainder of this lot being 3 acres.
• The house on this lot will be connected to the pump station and sewer line serving the remainder of the property. There will have to be a pump station on this lot. It is planned at this time to have this house have its own drilled well.
• The new driveway to this house will be located approximately 35 – 40’ from the intersection of this private road with the C.V.U. Road.
• Any run-off from up the hill will still sheet off into a small section of this lot.
• There could be further subdivision of this property but Clint has no plans at this time to do so.
• This house will be set back from the Town road similar to the house to the east. It will fit the pattern of development for most of the C.V.U. Road.
• The house will be placed on the level part of this lot and very little clearing will be necessary. The pines between this lot and the Stirewalt property to the west will be preserved as a buffer. There could be a building envelope that would delineate a no-cut zone.

Tom McGlenn made the motion to close the public discussion of that matter and the Board take up this application in deliberative session in order to render a decision. This subdivision will be reviewed as a Minor Subdivision in two meetings. This motion was seconded by Howdy Russell and passed.

4. LYMAN/GRABOWSKI – SKETCH PLAN Brett Grabowski then presented a new sketch plan for development of the David Lyman property on the west side of Route 116 behind the fire and police departments. Brett explained this new proposal will now consist of 25 single-family homes each on its own lot and 8 condominiums. There will be a stormwater pond and common land owned by the homeowners association and two associations for the owners of the 2 groups of condo units.

· They are proposing to donate 6 – 7 acres to the Town for recreational purposes in back of the police and fire department parcels.

· At this time, a proposed path to Route 116 is shown between the Town pump station and the Giroux industrial district.

· They are also proposing to deed approximately 5 acres to the Town on the north side of the new access road.

· This project is being presented as a Planned Residential Development (PRD) and the parcels being deeded to the Town are being used to meet the density requirements. David Lyman, owner of the property would donate these parcels to the Town for tax purposes.

· They have not yet received a sewer allocation from the Select Board.

· Brett has been working with the fire and police department to coordinate these two parcels and their access and parking lots. He was reminded that these Town departments have not received site plan approval for their existing sites.

· Brett explained that any improvements to the deeded parcels such as a playground or paths would be the responsibility of the Town.

· There will be a 60’ right-of-way for the roads in this development and the applicants will eventually request that the Town take them over.

This proposal had been denied sketch plan approval on 3/04/03 and Bret next addressed each of the Findings supporting that denial:

· The Zoning Bylaw density requirements for both the Village and Agricultural Districts will be met with this mix of units with set-aside land dedicated to the Town. This area will no longer be out by the LaPlatte River but closer to the proposed residences and Town facilities.

· They have presented a plan showing possible future development. Brett explained that he would retain the right to further develop the set aside area labeled on the plan as the “garden area” if the zoning density requirements should change in the future.

· They will now have a buffer area with the dedicated land behind the fire and police department property and the Giroux industrial uses on Route 116. There also will be planting on the south side, which is the north wall of the cheese factory. The fact that this factory may move their sewer lagoons to the west beside the Town’s was also discussed and how that would affect this project and the roads through it.

· Brett explained it is common for unconnected condo’s to be part of a homeowners’ association.

· The garages with the 25 single-family units will be the required 10 feet back from the front of the house and therefore there will be sufficient space for two cars to be parked in front of the garage. Any overflow cars would park in the street with this perhaps being limited to one side of the street. The owners would not be allowed to keep campers or boats at their house sites, and there is not a designated area within the project for storage of such.

Brett answered questions from the Board members on the following issues:

· There will be sidewalks beside these new roads.

· There may be a security fence around the Lyman Storage facility that would not allow access through that lot and the John Lyman property to Route 116. However, it was explained by Peter Erb that this David Lyman property does have an unencumbered right-of-way out to Route 116. Peter stated that in keeping with the Village pattern it would be good to encourage pedestrian traffic and access. The storage unit parcel is part of a past subdivision of this property and they are revising the boundary line with this proposal. Brett explained that although he does not yet own the property he does have a contract that gives him complete control of it.

· Brett explained that the Town plans to construct sidewalks in the future on the east side of Route 116 and he would be willing to contribute to that cost.

· This project is only for residential homes with no proposals for any commercial uses.

· These houses will be 3-bedroom and the condo’s two.

· A portion of these houses will be located within the flood hazard area and therefore will need a conditional use permit from the DRB. To meet those standards they will all be built on slabs.

· Brett had included a list of waivers from the Zoning Bylaw requirements that he would be requesting as part of his PRD proposal.

· One of these waivers would be the sideyard setback between buildings, which could be only 10’. Brett explained that this would not be a fire safety issues. Peter Erb had been informed by Al Barber, the fire chief, that he was concerned about this narrow distance.

Tom McGlenn then set up a time for the Board members and any interested parties to conduct a site visit to this project on June 3^rd at 6:00 p.m. The staff will begin work on a draft motion.

5. EVANSON – MYLAR RECORDING The Board had received a memo from Alex, the Town Planner, explaining that the developer had requested that the members support an extension of the requirement for recording the final plat mylar for the Evanson/Goodrich subdivision. Ted Bloomhardt then made the motion that: The Hinesburg Development Review Board recommends to the Environmental Court that the deadline for filing the Evanson subdivision final mylar be extended, so that the 90-day filing period begins after the Environmental Court has ruled on the appeal. This motion was seconded by Greg Waples and passed unanimously.

5. BARONE REQUEST The Board had received a letter from Russell Barone requesting that conditional #6 of his final plat subdivision approval be revised in regard to the phasing of paving this new road. Barone stated that” I am scheduled to install the 2” binder coat of asphalt by June 6, 2003 and my request is that the DRB allow me to apply the final 1” coat prior to the issuance of the final CO (Certificate of Occupancy).” Ted Bloomhardt then made the motion to revise condition #6 of the Barone final plat approval to read that the 2” binder coat shall be applied prior to the issuance of the first Certificate of Occupancy and the finish coat applied prior to the issuance of the final Certificate of Occupancy or 1 year from June 6^th which ever is earlier. This motion was seconded by Tom McGlenn and passed unanimously.

6. DELIBERATIVE SESSION Tom McGlenn then made the motion that the Board go into deliberative session and this motion was seconded by Greg Waples and passed unanimously. The Board then acted on the following items:

• Brown Greg Waples made the motion to accept the motion of approval with conditions as corrected for the Craig and Judy Brown one-lot subdivision on their property on the east side of the Magee Hill Road. This motion was seconded by Howdy Russell and passed with 5 affirmative votes and Ted and Wayne abstaining from the vote.
• Ketcham Greg Waples made the motion to accept the motion of approval with conditions as corrected for the Larned and Rosetta one-lot subdivision on their property on the south side of the Shelburne Falls Road. This motion was seconded by Tom McGlenn and passed with 5 affirmative votes and Ted and Wayne abstaining from the vote.
• Mead Tom McGlenn made the motion to accept the motion of approval with conditions as corrected for the revised site plan for the Mead Brothers car wash in the Village. This motion was seconded by Greg Waples and passed with 5 affirmative votes and Ted and Wayne abstaining from the vote.
• Leggett Tom McGlenn then signed the motion of approval for the William and Barbara Leggett subdivision that was voted on and approved at the 5/06/03 meeting of the DRB.
• NRG Ted Bloomhardt made the motion to approve the minor change in the location of the building on the approved site plan for Wind NRG LLC. This motion was seconded by Howdy Russell and passed unanimously.
• The Board then reviewed the information presented by the three applicants at this evenings meeting to direct staff in preparing motions.
• The Board received and discussed an invitation from the Select Board to attend their 6/2 meeting to discuss procedures.

The meeting was adjourned at 11:05.

Respectfully submitted,

Holly Russell

Recording Secretary