HINESBURG DEVELOPMENT REVIEW BOARD

MINUTES OF MEETING JULY 1, 2003

Approved 8/19/03

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

Member Absent: Wayne Burgess

Members of the Audience: Frank Babbott and Gabriella Foldesi,

1. MINUTES Greg Waples made the motion to approve the minutes of June 17, 2003 as corrected. This motion was seconded by Howdy Russell and passed.

2. PALMER – MYLAR Tom McGlenn opened a public hearing for the Palmer Family Trust in relation to their 2-lot subdivision on the west side of the Shelburne Falls Road. Steve Palmer represented the family and explained that this hearing was necessary as they had not recorded a mylar of their subdivision within the required 90 days. There were no changes to the project and the necessary new information was on the plat.

Tom McGlenn made the motion to close the public hearing and this motion was seconded by Ted Bloomhardt and passed. Ted Bloomhardt then made the motion to approve the final plat for the Palmer Family Trust with the previous conditions of approval, which was granted on 12/17/02. This motion was seconded by Howdy Russell and passed unanimously.

3. BISSONETTE – CONDITIONAL USE Dwight Bissonette was next on the agenda to

request a conditional use permit to take down his existing camp at Lake Iroquois and build a new one. This structure is located on Southwest Shore Road and is approximately 100 years old. Dwight explained the following aspects of his proposal:

· The existing camp is 534 square feet and the new one will be 640 square feet on the ground floor. The small 88 square foot porch will not be screened or enclosed.

· There is an existing concrete septic tank and leach field, which has not surfaced or caused other problems.

· He has received a permit from the State to build a retaining wall at the lake edge to control erosion. To meet State reg’s this wall will be stone and not concrete.

· There are currently 4 bedrooms in the camp and this will not be change.

· The exterior siding of the camp will be shingle or clapboard and of an earth tone and the roof will be asphalt or metal.

· This camp will be removed and the new one constructed within the next building season.

· There will be a cellar under the new camp and this will be visible and exposed 5’ at the lake side tapering to 2 feet. It was suggested the foundation be covered with the siding material.

· At this time, the camp is 20 feet from the lake and Dwight is proposing that the new one be 25. The west side is now 6’ and this was proposed to be increased to 10’. However the new camp will be moved one foot closer to that side in order for it to meet the required 20 feet on the east side.

· They will use standard erosion control methods during the removal and construction processes.

Tom McGlenn made the motion to close the public hearing for this review and this motion

was seconded by Greg Waples and passed. Tom then made the motion to grant a conditional use permit to Dwight Bissonette to tear down and rebuilt a seasonal camp on the south end of Lake Iroquois and that the Board direct the staff to draft conditions of approval. This motion was seconded by Greg Waples and passed unanimously.

4. HINESBURG ANIMAL HOSPITAL – SITE PLAN The following people were next on

the agenda to present a site plan for the new Hinesburg Animal Hospital: Marv Greenberg, Julie Moenter, Rich Alexander, Ian Jewkes an engineer from Krebs & Lansing, and Bob Duncan from Duncan Wisniewski Architectural firm. Bob and Ian explained the following aspects of this proposal:

• The 4,200 square foot veterinarian clinic will be located on lot #7 of Commerce Park that is currently owned by Mary McClements.
• There are shown on the plan 23 parking spaces, the entrance will be on the east, they will continue the public sidewalk along Commerce Street, and the parking lot will be paved.
• There will be a walking area for dogs with a chain link fence on the north side of the building. The animal waste in this area will be removed daily.
• The exterior lights shown on the plan will only be on during business hours. Marv explained that they are on call occasionally for several other practices and at those times, would like the lights to remain on until 11:00 p.m. There will be a conduit installed so if an additional light is necessary on the east side of the parking lot. There are also soffit lights at the entrances.
• It was suggested by Greg Waples, that the parking lot be in the rear or north side of the property as per Section 5.6.4 of the Bylaw. Bob explained that would create a longer, more expensive drive and the other businesses in Commerce Park have the parking on the side as they are proposing. They feel that with the parking on the side they will be closer connected to the sidewalks and center of this commercial park.
• This would be a single story building with a hip roof and with storage and mechanical operations in the attic space. The ventilation and heating systems will be on the ground on the west side of the building.
• The siding will be prefinished pine with a weathered barn board.
• Snow will be plowed to the north and sides.
• Storm water runoff will go to the front of the lot into a ditch along Commerce Street, to a ditch on the western boundary of this lot and back into Patrick Brook. The swale between this business and Vermont Print and Mail, will remain grass-lined and help with pollution.
• Mrs. Foldesi, whose apartment is in the Nestech building to the east, questioned whether dogs would be left out in the fences area. They will not, nor should noise be problem from the inside area.
• They may have a third full-time vet but feel that the parking lot is sufficient for any expansion of their practice.
• In relation to traffic issues, Ian explained that traffic now stacks up at the entrance to Route 116 from Commerce Street, but that their amount of added traffic will not exasperate this situation. This issue will be addressed in their Act 250 application and review.
• It was suggested that there should be more plantings on the south side of the building toward the main street.
• It is a requirement of the permit for Commerce Park that a conduit be installed if future street lights are ever required.
• The public sidewalk may not be within the easement for Commerce Park and therefore the Town would have to acquire a wider easement for this sidewalk.
• The applicants have not yet met with Mike Anthony the Road Foreman or received a road-cut approval from the Select Board. There was a discussion of the required width of this road-cut and Bob Duncan felt that 24’ was excessive.

This project will also need a Conditional Use Permit under Sections 3.5.3(16) and 4.2 of the Bylaw and Article VI, as a portion of their parking lot is within a flood hazard area. They have talked to Karl Jurentkuff who recognizes that the mapping in this area of Hinesburg is incorrect, and they will need a letter stating such from Karl, bu remapping will not be performed for this development. A public hearing has been warned for the July 15^th DRB meeting to review these.

Other issues were then discussed including with the applicants:

• Whether noise will be a problem and it was explained that the air exchanges are within a closed system and should not be a problem.
• Act 250 staff has stated that the area to the stream would not be mowed and the maintenance of that area should be addressed.
• Limiting the hours of construction.

Tom McGlenn made the motion to close the public discussion of this site plan review and the DRB grant site plan approval to the Hinesburg Animal Hospital to construct and establish their business in Commerce Park and that the Board direct staff to draft conditions of approvals. This motion was seconded by Robert Gauthier and passed unanimously.

5. BARONE – BYLAW MODICATIONS The second public hearing was for Russell

Barone to present a list of modification to the Zoning Bylaw for his PRD 6-lot subdivision on the east side of the Mechancisville Road. Under Section 4.5.3(2) of the Zoning Bylaw a developer must request modifications to requirements of the Bylaw and several of these had not been requested at the time that the subdivision was reviewed and approved.

Russ was present at the hearing and read the following statement to be included in the record of this hearing: “This modification request is made in response to the request of the Town Zoning Administrator and without waiver or relinquishment of any rights I have in connection with the Board’s September 3, 2002 approval of my Planned Residential development.”

All required zoning modifications were reviewed by referring to the applicant’s letter dated 6/30/03. These modifications involved lot frontage, sideyard setbacks, and rear-yard setbacks. There was also a discussion of the accessory structure setback for lots 3, 4, & 5 and whether the residences could be in those larger setback areas. It was decided that they should remain as shown on the approved plat.

Tom McGlenn made the motion to close the public hearing and this motion was seconded by Greg Waples and passed. Tom then made the motion that the Board close the review of this request by Russell Barone in order to render a decision in deliberative session. Greg Waples seconded this motion and it passed unanimously.

6. CHATOFF – REVISIONS Attorney Roger Kohn next presented a request for Kim and

William Chatoff for a revision to an approval for development on a private right-of-way originally granted on 11/02/94. Bill was present with his contractor Mike Gingras. Zoning Administrator Peter Erb recused himself during this discussion. Roger explained the following aspects of this request:

• The Chatoffs own a 11.4-acre lot on the east side of Route 116 north of Ballard’s Corner. Their lot, where they are constructing a new home, is accessed by a private right-of-way, which serves two other homes.
• The approval for this lot was granted with the condition that the traveled surface of the shared portion of the roadway would meet the standards of a “Lane”. This would require a width of 18’ and a grade of not more than 15%.
• Despite extensive work on this road, they have not been able to meet the 15% grade although a middle section of 540 feet is under that percentage. A 380-foot section at the beginning is 17% in one location and the final shared portion of 170 feet is also 17%.
• Clint Emmons had made a site visit and felt that there also were sections that were only 14’ wide. He suggested that the other Board members should also visit the site.
• Roger stated that it was necessitate taking down some very large trees and disturbing a small stream if the applicant tried to achieve the 15%. This is a well-constructed road and he feels that safety is not an issue.
• Clint felt that the upper-shared portion had a very dangerous 8’ drop-off and there should be guardrails there.
• The required turn-around for emergency vehicles has been constructed.
• Bill has talked to Al Barber, the Fire Chief, and he felt it would not be a problem for their trucks to get up this private road.
• There could not be any further subdivision of this property without further DRB review and approval.

Tom McGlenn made the motion to continue the discussion of this request by William and Kimberly Chatoff to the Board’s July 15^th meeting in order for Board members to visit the site and roadway. This motion was seconded by Ted Bloomhardt and passed.

7. Greg Waples then made the motion that the board go into deliberative session. This motion

was seconded by Howdy Russell and passed unanimously. At the time the following actions were taken:

• Carlson Tom McGlenn made the motion to approve the denial of a PRD subdivision proposed by Steve and Lisa Carlson. This motion was seconded by Greg Waples and passed unanimously.
• St. Cyr Greg Waples made the motion to grant final plat approval with conditions to Brian and Penny St. Cyr to create one new lot on the north side of the Tyler Bridge Road. This motion was seconded by Clint Emmons and passed unanimously.
• Ward Greg Waples then made the motion to grant final plat approval with conditions to Theora Bailey Ward to create one new lot on the south side of the Sherman Hollow Road. This motion was seconded by Clint Emmons and passed unanimously.
• Evanson Ted Bloomhardt made the motion that the DRB extend the deadline for filing the Evanson subdivision final mylar, so that the 90-day filing period begins after the Environmental Court has ruled on the appeal.
• Barone Ted Bloomhardt made the motion to accept the list of modifications to the Barone subdivision as per the letter submitted this evening and dated 6/30/03 with the understanding that the building envelopes for lots 3, 4, & 5 for the primary structures shall remain 75 feet from the rear boundary line. Accessory structure envelopes shall remain within 15 feet of the rear boundary line of these. This motion was seconded by Tom McGlenn and passed unanimously.

The meeting was adjourned at 10:40 p.m. after Peter discussed having the staff review and approve minor site plan modifications. The Planning Commission may include such a process in their revising of the Zoning Bylaw.

Respectfully submitted,

Holly Russell

Recording Secretary