HINESBURG DEVELOPMENT REVIEW BOARD

MINUTES OF MEETING JULY 15, 2003

Approved 8/05/03

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

Members Absent: Greg Waples and Howdy Russell.

Members of the Audience: Lori Couture

1. MINUTES Ted Bloomhardt made the motion to accept the minutes of 7/1/03 as corrected. This motion was seconded by Clint Emmons and passed with Wayne Burgess abstaining from the vote.

2. CHATOFF – REVISIONS TO DEVELOPMENT ON A PRIVATE RIGHT-OF-WAY APPROVAL Bill Chatoff was present with his contractor, Mike Gingras and his attorney, Roger Kohn for a continuation of his request for a modification of an approval for development on a private right-of-way granted on 11/2/94. Peter Erb, the Zoning Administrator did not participate in the review of this request. The Board members had made individual site visits to this private road.

The following aspects of this request were then discussed:

The original approval required that the shared portion of this private road be 18’ wide with a grade of or under 15%. This shared portion has been widened to 18 feet and as explained at the last meeting, there are two sections that are over the limit of 15% grade.
Safety features have been added with large rocks on the corner and the ditches being widened and made more gradual.
At this time there are no plans for subdividing this 100.4-acre lot. Ted Bloomhardt stated that it is his opinion that no further development should be permitted using this roadway.
The method for sharing the cost of maintaining, repairing and snow plowing this private road is included in the deeds to each lot.
It was explained that the landowner has done extensive work on this road, which existed when he purchased the property and to lower the grade percentage would require extensive cutting of trees and perhaps adversely affecting a stream.

Ted Bloomhardt made the following motion: (see attached sheets). This motion was seconded by Clint Emmons and passed with four votes in favor and Wayne Burgess abstaining from the vote.

3. ISHAM – FINAL PLAT Jean Isham was next on the agenda for a warned public hearing for a two-lot subdivision of she and her husband Rod’s farm which is located on both sides of Silver Street and the Isham Farm Road. Jean explained the following aspects of their proposal:

· They are selling their farm to Sean and Jennifer Lang who are now operating it and the development rights to the Vermont Land Trust.

· They are retaining a 21.45-acre lot (#1) with their existing house on the portion of the farm between Silver Street and Isham Farm Road which will leave a 27.5-acre lot (#2).

· There will be an agricultural lease of 18.13 acres of their retained house lot to the Langs and no development is proposed for the 27.5-acre lot.

· There is a statement on lot #2 that is will be used for agricultural purposes that may affect residential properties.

· Site technician, Spencer Harris has designed a replacement septic system for their farmhouse and submitted this plan to the State for approval.

· The well for their house is across Silver Street and to the north of the existing barn. That water has been tested and is fine.

· They had submitted at the time of sketch plan review deed and covenant language from the Land Trust and the final copies of these will be submitted to the Board.

Peter Erb had stated in the memo on this project that “this proposal continues to be a wonderful example of farm land preservation and all who have made it possible, especially the Ishams, should be commended” and Tom thanked Jean for the Board.

Tom McGlenn made the motion to close the public hearing for review of the Isham final plat and the Board take up the proposal in deliberative session in order to render a decision. This motion was seconded by Wayne Burgess and passed unanimously.

4. AUDETTE – CONDITIONAL USE PERMIT The next public hearing was for a request

by Robert Audette, owner of Triple LLL Mobile Home Park, for a conditional use permit to install two mobile homes (lot 24 & 5) in the park that do not meet a Zoning Bylaw setback requirement. Under Section 5.20.7(1) of the Bylaw, homes within a park must be 30 feet from the center of the park road. Bob has installed two mobile homes that do not meet that requirement which was discovered when Peter Erb went to measure the location prior to issuing a Certificate of Occupancy.

The following issues were then discussed:

· Although there are shorter homes being sold, the common length to replace an older home is 76 feet. No wider homes than are currently there will be installed.

· These new homes encroach on the park road because they also have to meet a 35’ setback from the center of the Town’s Richmond Road.

· There are a lot of older homes in this park and therefore the owners of them will be replacing them in the future. Bob explained that this could continue to be a problem as tenants attempt to replace aging homes.

· Wayne Burgess was concerned about the number and size of sheds along the Richmond Road that probably do not meet the setback and may have not gotten building permits when installed. It was agreed that this would be Bob’s enforcement issue as the owner of the park.

· There are currently about 15 existing houses that encroach into the park road that have not gotten approvals when they were installed. Peter had printed an aerial photo of the park in 1978 where the homes did meet the setbacks. It was felt that the homes on the south side of the park road could eventually be moved back to alleviate this situation. Bob said that it would cost about $1000 to move each home.

· In answer to the question of whether he is planning to pave the park road, Bob explained that he had done a survey of his tenants and they did not wish to pave it due to speeding concerns.

· Board members were also concerned about children playing and riding skateboard in the paved Richmond Road. It was suggested that landscaping along that road might deter children from that dangerous situation.

· Bob also explained that he does not have a playground due to liability insurance.

· The park is now on Town water but the Select Board has decided not to attach it to the Town sewer. Bob explained that he has started the engineering process and application to the State for constructing a septic system and will remove the individual systems at each home. This will provide more room for sheds and parking.

· It was felt that the width of the road should be a traveled portion of 18 feet.

Tom McGlenn made the motion to close the public hearing for review of a request by Robert Audette for a conditional use permit under Section 5.20.2(3) of the Bylaw in order for the Board to take up this issue in deliberative session to render a decision. This motion was seconded by Robert Gauthier and passed unanimously.

5. HINESBURG ANIMAL HOSPITAL – CONDITIONAL USE PERMITS Marv

Greenberg and Julie Moenter were next on the agenda for a conditional use permits for their proposed animal hospital in Commerce Park. They had received site plan approval from the DRB on 7/01/03. Under Section 3.5.3 of the Zoning Bylaw this use is considered to be conditional and a portion of their parking lot is where a portion of Town is mapped to be a Federal Flood Hazard Area.

A memo had been received from Ian Jewkes from the engineering firm of Krebs & Lansing stating “this small increase in impervious surface will not elevate the flood water depth during a flood event“. It is understood that the flood hazard area mapping is incorrect in this area of Commerce Park.

Tom McGlenn went through the criteria for permitting conditional uses:

They will install public sidewalks on the north side of Commerce Street in front of their proposed building. They will also install the required conduit for future connection to a street light system.
This will be a very attractive building and an asset to Commerce Park in appearance as well as use.
There will not be extensive peak hour traffic effects and this issue will be addressed in their revised Act 250 approval.
The animals in the clinic will only be in the designated fenced area at the north of the building. Dogs will not be walked outside this area or the hospital’s property. Any dogs in the fences area will be attended and not left alone.
The lighting in the parking lot will be turned off after 11:00 p.m. It was explained that they coordinate with 8 other vets for emergency night services. The lights on the fenced area and back door are of a motion detector type.
The issue of noise had been addressed at the last DRB meeting where their site plan had been reviewed and approval granted.

Tom McGlenn made the motion to close the public hearing for the conditional use permit by the Hinesburg Animal Hospital in order for the Board to take this up in deliberative session in order to render a decision. This motion was seconded by Clint Emmons and passed unanimously.

6. EMMONS – FINAL PLAT Clint Emmons recused himself from the Board to present a 1-

lot subdivision of his property on the south side of the C.V.U. Road. This was a public hearing for final plat review. He had received subdivision approval for a 3-lot subdivision with an existing house on 7/23/02. His proposal is to re-subdivide that lot #2 resulting in a 2.97- acre lot and a new 1.56-acre lot.

Tom McGlenn went through the sketch plan approval:

The building envelope has been identified.
One half of the evergreens on the western portion of the lot are on the Stirewalt property and the plan shows a 15’ wide non-cut zone on that side of the Emmons lot.
This lot will be on Town sewer and have it’s own pump station that will then hook onto the pump station for the original 3 lots.
There is 1.21 acres on the west side of this right-of-way as required by Section 2.5.5 of the Bylaw.
The plat does not show both sides of the 50’ right-of-way on the plat and this should be added.
Revised deed language was submitted and OK’d.
Clint had proposed having the utility line to this new lot be from a new pole on the property with a new line across the C.V.U. Road. The electricity to the other homes in his first subdivision is from an existing pole on this south side of the Town road. There was a discussion of how this second pole and above ground line could be avoided and the power come underground from the original pole.

Tom McGlenn made the motion to close the public hearing of the review of a request by Clinton Emmons for final plat approval and the Board review this in deliberative session in order to render a decision. This motion was seconded by Wayne Burgess and passed unanimously.

7. ACTION ITEMS The Board then deliberated and acted on the following items:

Ted Bloomhardt made the motion to approve the site plan with conditions for the Hinesburg Animal Hospital to be located in Commerce Park. This motion was seconded by Tom McGlenn and passed with Wayne Burgess abstaining from the vote.
Wayne Burgess made the motion to grant a conditional use permit to the Hinesburg Animal Hospital and this motion was seconded by Robert Gauthier and passed unanimously.
Ted Bloomhardt made the motion to grant a conditional use permit with conditions to Dwight Bissonette to replace a camp on the south end of Lake Iroquois with a new camp. This motion was seconded by Robert Gauthier and passed unanimously.
The Board had been sent a memo in their meeting packets from Peter Erb requesting approval for C.V.U. High School to move modular classrooms from the back of the building to the front parking lot area. There was no full site plan or explanation of what this move would involve in regard to the bus drop-off area or loss of parking spaces. Clint Emmons therefore made the motion to table this request until more information and a more explanative plan has been submitted. This motion was seconded by Tom McGlenn and passed unanimously.

8. The meeting was adjourned at 11:00 p.m.

Respectfully submitted,

Holly Russell

Recording Secretary

HINESBURG DEVELOPMENT REVIEW BOARD

REVISED APPROVAL

DEVELOPMENT ON A PRIVATE RIGHT-OF-WAY

CHATOFF/O’BRIEN

The Hinesburg Development Review Board approves a modification proposed by William and Kim Chatoff to the approval for development on a private right-of-way (Rocky Mountain Lane) originally granted to Patrick O’Brien with the following conditions:

No significant improvement shall be made to this shared access without plans by an engineer being reviewed and approved by the DRB.

This approval shall be recorded in the Hinesburg Land Records.

All conditions of previous approvals associated with this right-of-way remain in effect.

The Development Review Board members also strongly state the opinion that no additional development shall occur of any of the lots using this private right-of-way unless the grade of the shared portion of the roadway is brought into compliance with the previous approval.

This roadway is approved with the turn-around as presently constructed.

___________________________________ _____________________

Thomas McGlenn, Chair Date Approved

Hinesburg Development Review Board