HINESBURG DEVELOPMENT REVIEW BOARD

MINUTES OF MARCH 2, 2004

Approved 3/16/04

Members Present: Ted Bloomhardt, Howdy Russell, George Munson, Clint Emmons, Robert Gauthier, and Greg Waples.

Member Absent: Tom McGlenn.

Members of the Audience: Beverly Bortnick, Barbara Walling, Ted White, Nathan Kargman, Heather Caulfield, Dan Robertson, Jason Barnard, Michael Woods, and Chris Applin.

1. MINUTES Greg Waples made the motion to accept the minutes of February 17, 2004. This motion was seconded by George Munson and passed with Robert Gauthier abstaining from the vote.

2. ROBERT – SKETCH PLAN At their meeting on 2/17, the Board had reviewed a

request by Artie Robert for sketch plan approval for a 2-lot subdivision of his property on the north side of Swamp Road in Hinesburg. The Board also reviewed his application for approval for Development on a Private Right-of-Way to access his property in Richmond where he is also going through the subdivision process. It was explained that the Board would review and act on draft conditions of approval for this right-of-way request in deliberative session.

Artie had also requested that the Board clarify for him the definition of what a “regular” and “irregular” lot. He submitted to the Board his explanation of these terms with an example of a lot. He also submitted a plan of a lot, which may be proposed on his property and whether this lot would be regular or irregular. It was explained that this was NOT being submitted as a formal lot for subdivision.

It is also noted for the record that Barbara Walling, who lives on Swamp Road, was a member of the audience and submitted a letter in regard to this subdivision.

Howdy Russell questioned Artie as to why it was noted in the Richmond DRB minutes that they had been informed that there would not be a subdivision of the Robert property in Hinesburg. Artie explained that at that time, they were not planning to subdivide the Hinesburg property. It was felt by the Board members, that even if development on a private right-of-way is granted to the applicant, this road would be further looked at when the Hinesburg subdivision is reviewed.

Ted Bloomhardt made the motion to continue the Arthur Robert sketch plan review to the March 16, 2004 meeting the and the Board discuss the definition of a lot further in deliberative session. This motion was seconded by George Munson and passed unanimously.

3. GREEN DOLPHIN/CAMERON – PRELIMINARY PLAT Jim Cameron was present

with Peter DeGraff, his engineer, for preliminary plat review of his proposed 5-lot subdivision on the west end of Hickory Lane which is a private road off Route 116 north of Ballard’s Corner. This project consists of lot #1 which is a 5.72-acre lot with an existing house and barn, lot #3 which is 2.43 acres in size, lot #4 which is 2.55 acres, lot #5 with 2.92 acres and a larger #2 lot which will be 19.86 acres and marketed as a mini-farm. It was noted for the record that the Board had received letters from Tim Ballard, the farmer/landowner to the south, and Melissa Levy, a member of the Hinesburg Conservation Commission.

Jim explained the changes that have occurred since this project received sketch plan approval:

· The replacement septic area for the existing house will be on an easement on the Datillio property. Three of the new lots (3, 4, & 5) will have their septic and replacement area on this lot #1 with septic tanks on their individual lots.

· The building envelope on lot #2 has been reduced in size and moved further south toward the private access road.

· The building envelopes on lots 3 & 4 have also been moved closer to the tree line on the western edge of the property.

· The private road has been reconfigured to leave more of the meadow open.

· They have submitted deed language on the homeowners association and also maintenance of this private road and joint septic system.

· Alex in his memo had suggested that any buildings on lot #2 outside the building envelope be limited to agricultural buildings.

· They are willing to add another culvert to this road as suggested by Alex to better control run-off.

· Jim was willing to change the deed language in order to permit agricultural operations other than just horses on the larger lot #2.

· Ted Bloomhardt wanted to ensure that the shared septic systems were adequately covered in the legal language of the homeowners association. He felt this could be a problem as the system for three of the houses is a long distance from the actual house sites.

· The septic system for lot #2 will be a mound system located on lot #5. The other systems would be in-ground.

· Howdy was concerned about the preservation of prime agricultural soils on this property. He said it is difficult to address the question of visibility and preserving ag soils. The house on lot #2 is in the middle of these soils and he felt that as this house will be visible from Route 116 it would be better to locate it further east and more on the poorer soils. Melissa Levy had also addressed this issue in her letter to the Board.

· In his letter, Tim Ballard had voiced a concern about his young cattle and a bull being located next to these 4 new houses where pets and young children would live. Jim said he will meet with Tim and he is also willing to help build a fence on this south side of the property.

· There was a discussion of having the driveways to lots 3 & 4 be shortened and branch further on the property. However this would mean that the shared portion of this roadway would have to be 18’ wide. Peter DeGraff explained that this road would be gravel and not white stone.

Ted Bloomhardt made the motion to close the public discussion of the Green Dolphin preliminary plat review and the Board members take up this application in deliberative session in order to render a decision. This motion was seconded by Howdy Russell and passed unanimously.

4. LIONS CLUB/FARMERS MARKET – SITE PLAN Marj Sharp and Jo White, members of the Hinesburg Lions Club, were present with Sue Johnson, a Hinesburg residence who runs the farmers market in Burlington. Marj explained the following points of their site plan for a proposed farmers market to be held at the United Church:

· This would only be held on Thursdays from 3:30 to 7:00 p.m.

· They will leave 8 spaces for the Masonic educational program, which uses the Parish Hall on this property.

· They plan at this time to have room for about 20 venders.

· They have received approval from Len Duffy, adjacent landowner to the south, to use his driveway as an exit and to have vendors park at the parking lot owned by the telephone company on the other side of Route 116.

· Jan Stoneberg, a property owner across from the church, was very concerned about pedestrians crossing Route 116 at this time in the afternoon due to the high volume of traffic.

· It was felt that it would be important to have vendors park off site to ensure that there is sufficient parking within the church lot for customers. Clint said it would be important to ensure that cars were not parking close to the entrance and exit to block visibility in getting back onto Route 116.

· They are proposing temporary signs on Route 116 to announce this market the day they are open. They would also put up directional signs within the parking lot.

Ted Bloomhardt made the motion to close the public discussion of the site plan review of the Lions Club’s application for a farmers market at the United Church and the Board members discuss this project in deliberative session in order to render a decision. This motion was seconded by Robert Gauthier and passed unanimously.

5. BELVAL – SITE PLAN Margo and Ron Belval were next on the agenda to request site

plan approval to locate a “Curves” franchise within the former Springhouse Art Studio, owned by Mary McClements, in Commerce Park.

Holly gave some background on this lot which actually is lot #14 in Commerce Park and which had received site plan approval when it was owned by Barry and Jackie Washburn. They also own the lot and building where the new post office is built and therefore the parking and drive access had been shared between this lot and the post office lot.

Margo is negotiating purchasing this building and explained some aspects of her proposal:

· A “Curves” is an exercise program with different machines and usually a session using them is about 30 minutes in length.

· The hours would be 6:30 a.m. to 7:00 p.m., 6 days a week.

· There would be 16 stations and she does not foresee they would all be in operation and therefore the 13 parking spaces available for this building would be sufficient.

· Peter Erb explained that there are several conditions from the original site plan that have not been met and he is working with the applicant on these. These include a small section of sidewalk that needs to be finished, landscaping, and a fence around the propane gas tanks.

· Margo explained that there would be air conditioning and therefore the windows would not be open in the summer.

· She would like to install a new entrance door on the north or street side and there seems to be sufficient space to do that.

· It was explained that if they were to rent space in this building to other businesses they would have to return for further approval.

· They are not proposing any new exterior lighting at this time.

Ted Bloomhardt made the motion to close the discussion of this request for a Curves franchise in Commerce Park and the Board take this up in deliberative session in order to render a decision. This motion was seconded by Greg Waples and passed unanimously.

6. ACTION ITEMS Greg Waples made the motion that the Board go into deliberative session and this motion was seconded by Clint Emmons and passed. The following items were then acted upon:

• Clint Emmons made the motion to amend condition # 2 of the Order of Approval for the Iverson Preliminary Plat Review to permit the existing road-cut to lot #3 to remain and not combine with the new drive for lots 1 & 2. This motion was seconded by Greg Waples and failed with George Munson and Clint Emmons voting in favor of the amendment and the other 4 members present voting against it. The motion to grant preliminary plat approval to the Iverson 3-lot subdivision was then voted on and passed with 5 affirmative votes and Clint Emmons abstaining from the vote.

• Howdy Russell made the motion to approve the revised final plat conditions of approval for the Peter and Christina Mead subdivision on the Richmond Road. This motion was seconded by Robert Gauthier and passed with Greg Waples abstaining from the vote.

• There was a discussion of the draft conditions of approval for the site plan associated with an addition to the Mobil Station in Commerce Park. The Board members directed staff to revise this approval in regard to the impacts of traffic from this addition in order to render a decision at their next meeting.

• There was then a discussion of the Roberts request for clarification on the definition of a lot. It was felt that if this lot is deemed to be a lot it is definitely irregular in shape and it is the consensus of the Board members that it would be looked at negatively.

• Ted Bloomhardt then made the motion to grant Arthur Roberts approval for Development on a Private Right-of-Way on his property on the north side of Swamp Road with conditions. This motion was seconded by Clint Emmons and passed unanimously.

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

Respectfully submitted,

Holly Russell, Recording Secretary