HINESBURG DEVELOPMENT REVIEW BOARD

MINUTES OF SEPTEMBER 16, 2003

Approved 10/07/03

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

Members of the Audience: Jeff & Zoe Wainer and Brad Wainer.

1. MINUTES Howdy Russell made the motion to approve the minutes of September 2, 2003 as corrected. This motion was seconded by Wayne Burgess and passed unanimously.

2. FRENCH – FINAL PLAT Tom McGlenn opened the public hearing for final plat review

of a proposal by Howard and Inez French to create one new lot at their property on the south side of Drinkwater Road. George Bedard was present and explained the following aspects of the subdivision which received sketch plan approval on 8/13/02:

· The sewer system has been designed by site technician Spencer Harris and is for a 4-bedroom home.

· This lot will be 16.6 acres in size and in July of 2002, the French’s had received approval for transfer of Land to an Adjoiner for 7.4 acres to their son who lives to the west of this property.

· There is a wetland on the new lot shown on the plat with a 50’ buffer zone. The building envelope is outside this area and zone. The house is further down the slope than originally proposed due to the location of the best septic soils.

· There is a buffer zone shown on the plat along Lewis Creek and draft deed language was submitted governing this zone.

· The power and phone lines will be underground from a pole on the Town road.

· There also is construction erosion controls shown on the plat and George said that the test pits on the plan would not be on the mylar.

· There is also language on the remaining 73 acres and the parcel being transferred to Gary & Colleen French stating that no development may occur on these lots without further DRB approval.

· The well isolation zone for the new well extends onto the remaining French property to the east and George felt that it might be difficult to significantly move this well. There are generally good yields from the wells in this area.

Tom McGlenn made the motion to close the public hearing for final plat of the French subdivision and direct staff to prepare conditions of approval for the Board’s next meeting. This motion was seconded by Ted Bloomhardt and passed unanimously.

3. LANTMAN’S – REVISED SITE PLAN Rob Bast was next on the agenda with Brian Busier, owner of Lantman’s IGA Store, to present a revision to the approved site plan for the store. They explained the following aspects of this proposal:

· The plan is to enclose the entrance ramp on the south side of the building to provide interior space for shopping carts and the display of bulk goods.

· This will create more room in the checkout area for cashiers and displays of goods.

· This enclosure will be 700 square feet in size and the ramp will remain inside this area. The paved ramp will continue into the drive area of the parking lot.

· The existing sign will move forward to the front of this enclosure.

· Enclosing this area will result in the loss of two parking spaces, but as the vet is moving out of his building there will be more spaces eventually available for the store.

· There was a discussion of the existing lighting and Rob explained that they are not proposing any new exterior lighting. There may be some lighting up under the new canopy.

· It was felt that it would be good to have a collection pen for carts on the outside of this enclosure, maybe just on the west side.

Tom McGlenn made the motion to close the public discussion of the revision to the approved Lantman’s Store site plan and direct the staff to prepare conditions of approval for the Board’s next meeting. This motion was seconded by Ted Bloomhardt and passed unanimously.

4. FROST – CONDITIONAL USE Tom opened the public hearing for an appeal by Rob and

Anne Frost for a conditional use permit to establish an apartment in an accessory structure as governed by Section 5.9 of the Zoning Bylaw. Peter Erb, the Zoning Administrator, did not participate in the consideration of this appeal as it could involves enforcement action on a zoning violation. Rob and Anne explained the following aspects of their appeal:

· They have not been able to obtain a Certificate of Occupancy for the new house, which they have moved into already. This is due to the fact that they have an unpermitted apartment in an accessory structure on their property on the south end of the Boutin Road.

· They had submitted a floor plan of the second story of this garage indicating that there is 540 square feet of living space. It was explained by Greg Waples that under the definition of Livable Floor Area in the Zoning Bylaw that area is “all spaces within the exterior walls of a dwelling unit.” Therefore there actually is 780 square feet of living space in this apartment as the bathroom and walk-in closet must be included. Anne said that she had understood that a closet would be viewed as storage space.

· It was also explained that the tenant of this apartment spends ½ the year in Florida and then a considerable time during the day with the Frosts in their house.

· Ted Bloomhardt, who had been a member of the Planning Commission, explained that commission’s rational for having an accessory apartment only be 600 square feet in size. Two residential structures are not allowed on one lot and the Commission had felt that anything larger than 600 square feet would constitute a second house.

· Peter Erb explained that he has not yet found the Frosts in violation of the Zoning Bylaw for occupying their home without a Certificate of Occupancy but that this issue must be settled as quickly as possible.

· Ted Bloomhardt explained there seems to be three remedies to this issue: The apartment could be closed and not used; the garage could be connected to the house, which does not seem to be feasible; or the living space within the apartment could be reduced to the permitted 600 square feet.

· Rob suggested that he could remove some of the floor area where the bedroom and closet are located and have the actual living space become smaller. It was felt that the stairs would not be included in this calculation.

Ted Bloomhardt made the motion to continue this warned public hearing for an appeal by Robert & Anne Frost for a conditional use permit to establish a apartment in an accessory structure to October 21, 2003 at 7:30 p.m. in the Town Hall. Prior to that continued hearing, the applicants will submit a plan that complies with the 600 square feet of living space for an accessory apartment. This motion was seconded by Greg Waples and passed unanimously.

5. ACTION ITEMS

• Eddy Greg Waples made the motion to approve the Transfer of Land for Paul Eddy to transfer 9.5 acres on the Charlotte Road to the Town of Hinesburg. This motion was seconded by Clint Emmons and passed unanimously.
• Cameron/Green Dolphin Wayne Burgess made the motion that based on the Finding of Fact to deny the sketch plan proposed by James Cameron, representing Green Dolphin LLC for a residential subdivision located on Hickory Lane. This motion was seconded by Howdy Russell and passed with 6 affirmative votes and an abstention by Greg Waples.
• Hultgren After deciding to remove condition number 4 concerning road-cut approval and agreeing that there should be a homeowners association for the class 4 road, Greg Waples made the motion to grant Tim & Tracie Hultgren sketch plan approval for a one-lot subdivision on Hayden Hill Road East. This motion was seconded by Ted Bloomhardt and passed unanimously.
• Haulenbeek/Baldwin Greg Waples then made the motion to grant final plat approval for the creation of one new lot at the Haulenbeek/Baldwin property on the east side of the Baldwin Road. This motion was seconded by Howdy Russell and passed unanimously.
• St. Hilaire Greg Waples made the motion to grant final plat approval for a three-lot subdivision as proposed by Tony & Ruchel St. Hilaire. This motion was seconded by Ted Bloomhardt and passed unanimously.

The Board members then unanimously agreed that they feel that the proposed change to the Subdivision Regulations in regard to sketch plans should include the official vote on each application rather than just a review with recommendations.

The meeting was adjourned at 9:10 p.m.

Respectfully submitted,

Holly Russell, Recording Secretary