HINESBURG DEVELOPMENT REVIEW BOARD

MINUTES OF OCTOBER 7, 2003

Approved 10/21/03

Members Present: Howdy Russell, Robert Gauthier, Clint Emmons, Tom McGlenn and alternate Carrie Fenn. Also Peter Erb, Zoning Administrator.

Members Absent: Ted Bloomhardt, Wayne Burgess, and Greg Waples.

Members of the Audience: Damien Aube, Brian Carpenter, Jim & Sam Collins, Earl Anderson, Mike Ray, Scott Stirewalt, Dennis & Marian Willmott, Trey Polk, Gary & Fiona Fenwick, Tye & Sean Kilbride, Line & Robert Barral, Todd & Pam Morris, Tim Cornish, Jim & Diane Moore, Dan Simkins, Sean Lyman, and Dick Francis.

1. MINUTES – Howdy Russell made the motion to accept the minutes of September 16, 2003. This motion was seconded by Robert Gauthier and passed.

2. MEAD – SKETCH PLAN Peter Mead was present to request sketch plan approval for a 3-lot subdivision of his property on the north side of the Richmond Road. His plan consists of a 2.7-acre lot (1A) with his existing house, lot #1B, which is 1.9 acres in size and lot #1C which is 1.4 acres. . He then explained and discussed with the Board members the following items associated with his proposal:

• He had met with Mike Anthony, the town road foreman, who indicated that the location of this road cut was fine with sufficient site distance. There had been a farm cut in this location in the past.
• He will no longer use the shared drive to his existing house, but access it by this new private road. The owners of the land where he has a right-of-way are not willing to have more houses use it as an access.
• With the Zoning requirements currently in place, it is necessary for the Town to allocate sufficient Town septic, in order for him to have 2 new lots. Jeanne Wilson, Town Administrator, had submitted a memo to the DRB saying that the Select Board has not yet determined whether they will allocate more septic to the Meads. It was mentioned that the Select Board has denied several requests in this area for addition allocations. Peter felt that this was not a problem and he would address this issue with the Select Board.
• He could curve the new roadway to the east to ensure that there is 1 acre of land on one side of the right-of-way.
• He was reminded that the grade of this shared roadway could not be more than 15% and Peter felt that would not be a problem.
• Although there will be language in the deeds to these lots on the maintenance etc. of this roadway, Peter felt that a homeowners association would not be necessary as mentioned in the staff memo.
• He did not feel that noise from Iroquois Manufacturing would be a problem and commented that when the Planning Commission has proposed extending this Industrial District on the north side of the Richmond Road, it was stated that screening would be required of Iroquois.
• He did not feel it is necessary to decrease the size of the building envelopes. However the Board mentioned it might be helpful to specify the house location due to the proximity of Iroquois.
• He has not determined whether this project will have drilled wells or he will request allocation from the Town, which would require going under the Richmond Road.
• The Board has required language on the plat of other subdivision adjacent to industrial uses that states that business is located nearby.

Sean Lyman, from Iroquois Manufacturing, was present to present his concerns about this project. He stated that he realizes that noise from the factory has been a problem in the past and explained they have invested in new machinery and changed procedures to alleviate this problem. He was concerned about two new houses being closer to their facility, especially if Iroquois builds a new building on the north side, and the affect on their business. They are willing to do some landscaping at this new building, if it is built, but he does feel that the Meads should also have to address this issue.

Tom McGlenn made the motion to close the discussion of this sketch plan proposal by Peter and Christina Mead and the Board take up this request in deliberative session in order to render a decision. This motion was seconded by Howdy Russell and passed unanimously.

3. BIRMINGHAM – SKETCH PLAN The next item on the agenda was a request by David and Susan Birmingham for sketch plan approval for a 6-lot residential subdivision of their property on the south side of Hayden Hill Road West.

Dave Marshall, from Civil Engineering, then explained the following aspects of this proposal:

• The 6 lots are between 3 and 5 acres in size and a19-acre common land is also shown.
• There is a wetland on the property and a water course and the topo lines were also indicated.
• They have done some perk tests for septic soils.
• The grades of the new road could be between 10 and 15%, with a cul-de-sac at the end.
• This project would be done as a Planned Residential Development (PRD).
• A portion of the common land may contain a Town right-of-way or pent road and more research will need to be done on this.
• There is a trail system on the property and some of these may be moved onto the common land.
• This property has the Town Forest on the east and across the street on the north and a large privately owned wooded lot to the south.
• The project may not have to go through the Act 250 process although that has not been determined yet.
• There would be a homeowners association for this private road and common land.

The Staff Report, to the board members, was prepared by Peter Erb and he had addressed this project through the goals of the Town Plan:

· The project would be done as a PRD in order to preserve as much open space as possible. The project as presented also does not meet several zoning requirements and so would have to be a PRD.

· The Town Plan has indicated that this is an area of Town where we would like to preserve open land for forestry, recreation and wildlife habitat.

· The wetland and seasonal streams would have to be addressed.

· The roadway may have a grade of over 15% and with the run-off and other issues associated with this road, an engineer should design it.

· Although there are deer in this part of Town, this property is not a mapped deer yard.

· The amount of clearing should be addressed to ensure future screening on these lots.

The neighbors then brought up and discussed some of the following issues of concern:

• Most of the landowners on this hill have moved there due to the rural nature of this part of Hinesburg. They enjoy and appreciate the fact that the Town Forest (approximately 800 acres) is here and feel that these small lots do not fit the character of the neighborhood.
• It is felt that Hayden Hill Road West has a lot of problems, need repairs, and is narrow in some sections. There is also times that run-off is also a problem on this Town road. It was questioned whether a traffic study should be done on the safety of the road.
• The adjacent landowner was also concerned about headlights from this new road shining into his house.
• It may be a dangerous section of this steep road where the drive to these 6 houses is located.
• Several of the homeowners on this part of the hill, do not have sufficient water after drilling very deep wells. Dave Marshall said this is an issue that the engineers will be looking into for preliminary plat review.
• It was felt that the houses could be clustered together more and allow for more open space.
• The neighbor to the south was concerned about these walking paths providing access to his property, which is posted.
• This property has already been advertised as lots for sale and it was explained that none can be sold until all permits are obtained.
• There is a deer herd and other wildlife in this area and it was felt that 6 new homes would be disruptive.
• It was felt that if the DRB does not stop this number of houses, other people might subdivide their property and the quality of life in their neighborhood could be greatly affected. It was suggested that they could perhaps form a homeowners association that would put covenants on property that would not allow more development in the future. Several landowners indicated that they would be willing to do that.
• This subdivision would not only increase the amount of traffic on the hill, but also the amount of noise from the traffic.
• There is run-off from the land to the north onto this property and it was questioned how this will be affected. Dave Marshall again said that this issue would be addressed at preliminary plat and they will also be addressing the wetland and storm water issues at that time.

Tom McGlenn made the motion for the Board members to conduct a site visit to the Birmingham property on Hayden Hill Road West on Saturday, November 1^st at 9:00 a.m. and continue the discussion of this sketch plan to the November 4^th DRB meeting. This motion was seconded by Howdy Russell and passed unanimously.

4. TOWN OF HINESBURG – TOWN HALL SITE PLAN Rocky Marin and Jeanne Wilson, representing the Town, were next on the agenda to present a revised site plan for the Town Hall. On 10/29/02 the Town had received a conditional use permit to tear down the former Miner house on the corner of Route 116 and the Charlotte Road. A condition of that permit was that the drive cut onto Route 116 be closed and a new drive to the Town Hall be established off Stella Road to the west. They explained the following points about this site plan:

• This project is planned in three stages: the first is the new drive, screening for the neighbors to the south, closing the Route 116 access, and parking; the second would be the landscaping area on the south side of the building; and third would be the changes to the front parking and landscaping.
• There are now to be 20 parking spaces along western portion of the access road to the south of the new soccer field.
• The drive and parking lots will not be paved, however, an area for the handicapped space may be.
• The plan is to cut back the cedar hedge on the Stella Road depending on any safety issues.
• They have worked with Kathleen Ryan, a professional landscaper, on the lawn and plantings.
• Tom McGlenn felt that this side lawn could be used as a little park or area for employees to use. This lawn area will be circular in shape and have a curved stone wall with plantings. There will then be steps to the front of the building toward Rte. 116.
• Another revision is to construct a ramp on the rear of the building for handicapped accessibility. A portion of the porch railing would be removed to accommodate this ramp.
• There eventually will be parallel parking in the front; three spaces with one for handicapped, and Rocky explained that the State has agreed to allow a green space with curbs into the State highway right-of-way. There is planned to have a sidewalk from this corner to the front of the United Church eventually.
• It was felt that even with going further into the right-of-way for Route 116, there is a sufficient turning radius for the large trucks going to Saputo. There are plans for trees at this corner but they will be located so as to not interfere with visibility for cars at this busy intersection.
• They have only prepared a conceptual sign for the front and there will be signage to direct people to the new drive off Stella Road.
• There is a fire hydrant on the south side of the Charlotte Road and Rocky did not feel that there would be a problem with accessibility for the fire equipment.
• No additional lighting is planned for this new drive and Rocky explained that the neighbors to the south had requested this. There will also be additional plantings to help screen the Martin from headlights.

Tom McGlenn made the motion that the DRB directs the staff to draft conditions of approval for the revised site plan for the Town Hall for consideration by the Board. This motion was seconded by Howdy Russell and passed unanimously.

5. HULTGREN – FINAL PLAT Tom McGlenn opened the public hearing for review of a 2-lot subdivision as proposed by Tim and Tracie Hultgren of their property on the north side of Hayden Hill Road East. Tim was present with his surveyor George Bedard, who explained the following revisions to the plat and additional information submitted:

· The utility line locations and vault and the driveway were added.

· The well shield and building envelope were added also.

· A culvert will be located, as requested by Mike Anthony Road Foreman, for water to sheet across this property and not down the roadway.

· Well logs had been submitted that were used by George for his subdivisions in this area and although several were quite deep they are artesian wells and have sufficient storage to make up for the small quantity of water.

Daryl Miller, home owner to the south, asked about the location of the house which he does not want to block his view of Camel’s Hump. The building envelope is 70 feet from his boundary line and well beyond the zoning requirement of 20’ for sideyard setbacks.

There was then a discussion of the submitted language for the formation of a Homeowners’ Association for the maintenance, repair and snowplowing of the Class IV road. Tim felt that the lot where his existing house is located should not have to join this association as the Town has agreed to maintain the roadway to the Town Forest driveway. However, if the Town should decide to not continue this practice, it would be necessary for this homeowner to be a part of the association. It was understood that Daryl could not be required to join this association but it would be to his advantage to do so. The Board members felt that due to the potential for future development on this road, an association was necessary.

Tom McGlenn made the motion to close the public hearing for final plat review of a 1-lot subdivision as proposed by Tim and Tracie Hultgren and direct staff to draft conditions of approval. This motion was seconded by Robert Gauthier and passed unanimously.

6. ACTION ITEMS

• Lantman’s IGA Howdy Russell made the motion to approve the revised site plan with conditions for Lantman’s IGA to enclose the front entrance. This motion was seconded by Tom McGlenn and passed.
• French After some discussion on what should constitute “substantial construction,” Howdy Russell made the motion to grant final plat approval with conditions to Howard and Inez French for a one-lot subdivision of their property on the south side of Drinkwater Road. This motion was seconded by Robert Gauthier and passed.
• Manning Tom McGlenn made the motion to extend the Murial Manning sketch plan for an additional six months as requested in a letter from George Bedard. This motion was seconded by Robert Gauthier and passed.
• St. Cyr It was agreed that to meet condition #1 of their final plat approval, the mylar for St. Cyr must be stamped and signed by a registered surveyor.
• Emmons It was also agreed that the term “blend” is difficult to interpret and that the house color of the Emmons house on lot #3 of their subdivision meets the requirements of condition # 11.

The meeting was adjourned at 11:40 p.m.

Respectfully submitted,

Holly Russell

Recording Secretary