Approved 1/06/04

Present: Tom McGlenn, Howdy Russell, George Munson, Greg Waples, Clint Emmons, Ted Bloomhardt, and Robert Gauthier. Also Peter Erb, Zoning Administrator and Alex Weinhagen, the Town Planner.

Members of the Public: Peggy and Paul List, Sandy Lathem, Melissa Levy, Rodman Cory, Tom Herbick, John and David Lyman, John Mace, Bill Marks, Mike Bissonette, Lloyd and Lisa Evarts, and Bruce DeStafeno.

1. MINUTES Howdy Russell made the motion to accept the minutes of 12/02/03 as corrected. This motion was seconded by Greg Waples and passed unanimously.

2. CVU HIGH SCHOOL Bob Mason and other representatives from CVU High School

was present for a continued public hearing for a conditional use permit for renovations and additions to the school facility. The following issues were reviewed and discussed:

· The athletic storage building will match the building materials of the new electrical building. It will be two-story with scoreboards on two sides and only one exterior light at the door.

· The plans indicate there will be painted islands within the large front lot. Due to the cost of maintenance and snow removal the school is unwilling to have islands with landscaping within the interior of this lot.

· It was explained that other businesses and projects in Hinesburg are required to have such landscaping in large parking lots for safety, aesthetics, and shading (this parking lot is approximately 2 ½ acres is size). All the snow is plowed and dumped on the west portion of the property.

· There will not be a traffic light at the entrance/exit to the school at the CVU road. There could be blinking lights when school is in opening and closing.

· It was suggested that a committee be formed to address the traffic and parking numbers and problems.

· The new lights in the parking lot and around the facility will be sharp cutoff white light and a number of them will have timers so that they are not on all night.

· The trees along the roadway past the front parking lot and to the back new lot will be 2 – 2 ½ inch caliper and some of the other evergreens would be 6 – 8 feet high when planted.

Ted Bloomhardt made the motion to continue the conditional use review public hearing for CVU High School to the January 6, 2004 DRB meeting and to direct the staff to work with the applicant on conditions of approval. This motion was seconded by Howdy Russell and passed unanimously.

2. GRABOWSKI/LYMAN – PRELIMINARY PLAT REVIEW Brett Grabowski

presented revised plans for his project on the Lyman property in back of Fire and Police Departments and north of the cheese factory. Included for the record is the Staff memos dated 11/26/03 and 12/11/03. Also included in the file were letters from John Mace and Nancy Plunkett, Bill Marks, Fred Haulenbeek, and Saputo Cheese. There were several changes from the original preliminary plat plans and Brett explained he had met with Alex and Peter and made other revisions. These changes include:

· Moving the entire project to the north further from the cheese factory facility and also having a portion of the common land in the middle of lots 5 - 7. There could be a pathway from this common land out to the development streets.

· There were questions of the usability of the lot by the LaPlatte River to be dedicated to the Town for playing fields.

· The new plan will have sidewalks on both sides of these streets.

· There will be 17 of the homes with only 1-car garages and Brett is calculating that this garage will count as one parking space with another one in back of it in the driveway. There was a discussion of whether this meets the parking requirements of the Zoning Bylaw.

· It is understood that there cannot be parking on the street in the winter if these streets are eventually taken over by the Town. Brett suggested there could be some overflow parking on the eastern side of the property.

· Carl Lisman, a lawyer representing the developers, was present to explain and answer questions on the homeowners association for this project. This subdivision has been designed as a “New Urbanism” project, which have small owned lots and shared common land. The owners of the homes will be involved and help govern certain aspects of this community. These aspects could include parking rules, control of any pets, home occupations, type and size of outbuildings, not allowing campers or boats to be parked within the project, etc. It was agreed that Brett needs to supply a list of these issues to the DRB and these rules could be incorporated into the conditions of approval.

· As this project is being presented as a PUD, the developers should also provide the Board with a list of any and all waivers requested from the Zoning Bylaw.

· Tom Herbick and Bruce DeStafeno, presenting Saputo Cheese were present to voice some of the concerns of that cheese manufacturing plant owners. They want to ensure that these new landowners are fully aware that this is a large plant with noise, large truck traffic, smells etc. They do not want this housing development to adversely affect their business in the future.

Carl Lisman said that this issue would be addressed in the deeds to the homes and also that there are other businesses adjacent to them as well as the police and fire departments. Bruce suggested they provide the developers a baseline of what their business entails at this time and then Saputo’s lawyers would also want to read the draft legal language.

· They have done a traffic study for this project and this report recommended that the developer add a right turning land to Commerce Street, which is directly opposite the access point for this new subdivision. Alex recommended that the DRB have an independent engineer review this traffic report.

· As there is only 16 feet between these houses, it was questioned where and how snow removal will be accomplished.

· Brett stated that he does not anticipate stormwater being an issue and this will be addressed by the State at the time of their Act 250 review. He submitted a summary on this issue done by Shane Mullen, an engineer with Llewellyn-Howley Inc.

· A new cut-sheet for the streetlights will also be submitted and these lights will be sharp cutoff downcast light.

· The main entrance to the Lyman storage barn will now be through this residential subdivision and no longer from Route 116.

· Brett explained that he has offered to pay the Town $15,000 toward building sidewalks along Route 116 from his new road to the Mechanicsville Road intersection. At this time, the plans show a sidewalk from these houses out to Route 116 between the fire and police stations. There also will be a sidewalk with the new road opposite Commerce Park.

· The Board members feel it would be best to have a path from the southern side of this development out past the Lyman storage barn next to the cheese factory. Brett said that the Lymans plan to fence in this barn and there will not be room for a path in that location. Peter Erb felt that for children to cross Route 116 near Commerce Park would be very dangerous. He also said that it is very important to have pedestrian accessibility to connect these houses to the center of the Village. David Lyman commented that there are now a lot of businesses and service establishments in Commerce Park that these new homeowners would be walking to.

Ted Bloomhardt made the motion to continue the preliminary plat review of the Grabowski/Lyman project to the January 6, 2003 DRB meeting. This motion was seconded by George Munson and passed unanimously.

3. EVARTS – FINAL PLAT REVISION Tom McGlenn opened the public hearing for an

appeal by David and Lisa Evarts to revise the size of the building envelope on their lot which is identified as lot A in the Boutin subdivision on the Shelburne Falls Road.

David Evarts explained their proposal and why they wish to enlarge this envelope. They would like to build a 1,920 square foot detached structure, which would be used as a kennel for their dogs, a storage space for his Dad’s large camper, a workshop, and perhaps in the future horses. Peter Erb a Zoning Administrator, had determined that this structure does not qualify as a “barn” and therefore it must be located within the building envelope on the lot as required in condition #3 of the April 2002 Boutin subdivision approval. David explained that due to ledge and a wetland on their property, it would be difficult to construct this building within the designated building envelope.

For the record the Board had received letters from Debra Heintz, Kelly Donley and Paul List; all of who have bought land from the Boutins. These neighbors all felt that this will be a very large structure and stated that they had bought their property with the understanding that any detached structures that were not to be used as barns would have to be constructed within the building envelopes. Paul List was present at the meeting and voiced these concerns and also that another “barn” which may not be used as a barn, has been built outside the building envelope on a second lot.

George Munson, who had served on the Planning Commission, at the time the Boutin subdivision went through the permit process, stated that a lot of thought and work had gone into setting these building envelopes and they should not be lightly changed. They were designated with the idea that the buildings would not be easily seen from this new private road or the Shelburne Falls Road. Paul List emphasized he would have not bought his property without these protective covenants that ensure the quality of this subdivision.

David then questioned Peter Erb if he could build this structure within the building envelope without receiving DRB approval. Peter said that he would have to check if there are any other issues, but that it would be allowed under the Boutin subdivision approval.

Greg Waples made the motion to close the public hearing for the Evarts appeal of a revision

to the Boutin subdivision final plat and the Board take up this matter in deliberative session. This motion was seconded by Ted Bloomhardt and passed unanimously.

4. HULTGREN – FINAL PLAT CONDITIONS OF APPROVAL REVISIONS Tom

McGlenn opened the public hearing for an appeal by Tim and Tracie Hultgren, who were present with their attorney Jeff Wick. Tim explained that the revisions to the conditions of approval for their subdivision on Hayden Hill Road West were acceptable to them. These changes were in reference to liability on this Class IV road (Alex had done research on this), State approval is not necessary prior to the sale of lot #1, and revising the language in regard to erosion control and stormwater.

Ted Bloomhardt made the motion to amend the Hultgren final plat as proposed by the applicant and this motion was seconded by Howdy Russell and passed unanimously.

The Hutlgrens then submitted updated Homeowner Association language to reflect these changes. There was a discussion of the vagueness of the language in reference to the method of sharing in the cost of maintenance and snowplowing. Tim was willing to have this expense shared equally among all the members of this association.

Tom McGlenn made the motion to approve the Road Association language as submitted with the change to submitted legal language of making this responsibility being shared “equally” among the members of the association. This motion was seconded by George Munson and passed unanimously.

6. Deliberative Session

a) Issues to be covered under any motion of approval for the high school.

b) Issues to be further covered in the Grabowski preliminary plat review at the next meeting.

c) Howdy Russell made the motion to direct staff to draft Findings of Fact for a denial of the Evarts appeal and this motion was seconded by Tom McGlenn and passed unanimously.

The meeting was adjourned at 11:55.

Respectfully submitted,

Holly Russell

Recording Secretary