HINESBURG DEVELOPMENT REVIEW BOARD
MINUTES OF APRIL 20, 2004
Approved 5/04/04
Present: Tom McGlenn, George Munson, Robert Gauthier, Greg Waples, Clint Emmons, and Ted Bloomhardt. Also Peter Erb, Zoning Administrator.
Member Absent: Howdy Russell.
Members of the Audience: Melissa Levy (Conservation Commission), Jason Barnard, Linda Lumbra, Sally Reiss, David Crook, Kristy McLeod, Patty Whitney; Karla, Meg and Larry Munson.
1. MINUTES Ted Bloomhardt made the motion to accept the minutes of April 6, 2004. This motion was seconded by George Munson and passed.
2. GREEN DOLPHIN – FINAL PLAT Chairman, Tom McGlenn opened the warned public hearing for an application by Jim Cameron, with Peter DeGraff an engineer from Otter Creek Engineering, Inc. for final plat approval for the Green Dolphin LLC, now Hinesburg Meadows Inc., subdivision. This project consists of 5 lots: one 5.72-acres in size with an existing house and barn, and 4 new single-family residential lots. Peter explained the following aspects of their proposal and responded to issues listed in the staff memo prepared by Peter Erb:
a) The deed language for the septic replacement area on the Datillio property was submitted.
b) Agricultural language will be added to the deed and onto the plat.
c) The well-shield that extends onto the Ballard property will be moved.
d) The Covenant language seems to imply that these could expire in a specific number of years and this language will be reviewed and revised.
e) The president of the Homeowners Association will be in charge of ensuring that the shared septic system is functioning correctly.
f) An agreement has been reached with Tim Ballard, the farmer to the south, and a 4 – 5’ green mesh fence will be constructed on that boundary line.
Linda Lumba, an adjacent landowner, who shares this private road, then voiced concerns about the following issues:
· Lights from traffic shining in her windows.
· The disturbance to existing wildlife such as turkeys, geese and deer with this number of new houses and vehicles.
· The maintenance of this road prior to, during, and after construction. She also stated that it is difficult to exit onto Route 116 and this curb-cut needs to be improved.
· Jim stated that the existing trees near this intersection would not have to be cut to widen the road to 18’.
Considerable time was then spent on the location of the building envelope on lot #2 which is 19.55 acres in size. Board members have felt that it is important that the prime agricultural soils on this former farm field be disturbed as little as possible. Jim explained that there are several reasons why the proposed location is the most suitable: the existence of the VELCO power line and easement, high visibility from Route 116 if moved east, this location requires a shorter driveway, and there is a tree cluster on the south side of this envelope. He agreed that this building envelope could be made smaller down to 8/10th of an acre and they would have any farm buildings outside the envelope. There was concern about the appearance of any farm buildings that could be very large and visible from Route 116 and this issue could be addressed in the Covenants.
Ted Bloomhardt felt that there were several outstanding issues with the legal language that need to be resolved and several revisions on the plat. Ted made the motion to continue this public hearing for the Hinesburg Meadows Inc. subdivision final plat review to the Board’s May 4, 2004 meeting at 7:30 p.m. This motion was seconded by Greg Waples and passed unanimously.
3. LACROIX – SKETCH PLAN Greg and Nancy Lacroix were next on the agenda to
present a proposal for sketch plan review to create one new lot at their property on the west side of the Pond Road. They had presented a similar plan in 2001 and the issue of using the Dynamite Hill private road for access had to be resolved.
Greg explained that they are working with an engineer from Civil Engineering to move the access point of this road onto the Pond Road approximately 170’ to the north. This would greatly improve this intersection of what has been a dangerous situation for quite some time. There was some discussion as to whether the other homeowners on Dynamite Hill should also be responsible for this relocation. Mike Anthony, the Road Foreman, is very supportive of moving this entrance and is working with Greg to facilitate this.
Greg then explained some other aspects of their proposal:
· There is an existing well on lot #1 (3.5 acres in size) where their existing house is located. They plan to drill a new well on lot #2, which is 6.8 acres in size. The wellhead protection area for this well will not extend onto neighbors’ properties.
· The new lot has some open areas but is also quite wooded. They have not yet done a building envelope.
· The homeowners using this private road share in the cost of maintenance, snowplowing and repairing the road but Greg was not sure if there is a homeowners’ association.
As the members felt they would like to visit the site, Tom McGlenn made the motion to continue the LaCroix sketch plan review and the DRB members conduct a site visit on May 4th at 6:00. This motion was seconded by Greg Waples and passed unanimously. Tom asked Greg to flag the new road location, the house site, and where their new driveway would be located.
4. MUNSON – SKETCH PLAN George Munson the recused himself from the Board to
present, with his engineer Peter DeGraff, a sketch plan to subdivide he and his wife Karla’s property on the north side of Buck Hill Road West. This project will consist of 5 lots, a 14-acre lot with their existing house and barns, and 4 approximately 2-acre in size lots with duplexes. Peter and George explained the following aspects of this proposal:
· They submitted photo of this property from various locations on and surrounding the property.
· The existing road-cut onto Buck Hill Road West will be utilized and Road Foreman, Mike Anthony approved this use.
· The road to these new houses will be approximately 1500’ in length and will be 75’ from the edge of the seasonal waterway that crosses this property. There will be grass-lined swales along this roadway to direct water into the pond.
· This portion of the Munson land is within the Town water and sewer area and once they have received sketch plan approval from the DRB will apply for a sewer allocation from the Select Board. This sewer allocation will allow a density of 1-acre lot size rather than 3 acres (2 acre size for duplexes).
· The new private road will be above the houses with walk-in basement toward Route 116.
There were several adjacent landowners present that voiced some concerns:
a) These new houses could be visible and may affect views to the west. George commented that several of the homeowners to the east of his project had cut down the buffer zone of trees on the western side of their property.
b) Headlights from this road may affect the Whitney house.
c) Melissa Levy, from the Conservation Commission, expressed their concern with run-off to protect the seasonal waterway that eventually goes into the LaPlatte and there being provisions for walking to the village.
Addressing the issue of pedestrian access, as suggested in the staff memo done by Alex, George said that the area is too dangerous to go next to Route 116. He also felt it would be difficult to connect to the village through the Russell or Lyman Meadows property. He stated the Town has not been willing to extend the Village District out this far and therefore this parcel is still zoned RR I and those standards should be applied and not those of the Village District. Holly explained that the Russell family owns the maple sugar orchard to the north and has made initial contact with the Land Trust and there may be connected paths to the village in the future. George stated that he would be willing to provide an easement for a path.
Tom McGlenn made the motion to continue this Munson sketch plat review to the Board’s May 18th meeting and that they conduct a site visit at 5:45 p.m. This motion was seconded by Greg Waples and passed unanimously. The Board asked that George flag the house sites and property lines. A pole, such a Jim Cameron did for height, might also be helpful.
5. DELIBERATIVE SESSION George Munson then returned to the Board and Greg Waples made the motion that the Board go into deliberative session and this motion was seconded by Robert Gauthier and passed. The members then acted on the following items:
· St. Judes Greg Waples made the motion to grant approval with conditions for a freestanding sign at St. Judes church in the Village. This motion was seconded by Robert Gauthier and passed unanimously.
· Green Dolphin/Hinesburg Meadow Inc There was then a discussion of the Green Dolphin final plat review and the items that should be addressed further:
a) Reducing the building envelope for lot #2.
b) Some screening for the Lumbra house on the curve of the road.
c) Outlining maintenance of this shared road during construction as well as prior to the sale of the new houses.
d) Rewording the Covenants which have a clause which would sunset them after a specific number of years.
e) The well shield that extends onto the Ballard property from lot #4 should be moved.
f) Tie points for the building envelopes will be provided on the plat.
g) There needs to be more of a definite connection between the Bylaws and Covenants.
h) A right-to-farm statement should be included in the deeds and on the plat.
i) The location and appearance of the fence next to the Ballard property.
j) Rewrite the covenants for the agricultural restrictions and barn appearance for lot #2.
k) Review the septic easements and maintenance responsibilities.
· Emmons Clint Emmons left the meeting at this time. Ted Bloomhardt then made the motion to grant sketch plan approval with conditions to Clint and Carlene Emmons to create one new lot at their property on the south side of CVU Road. This motion was seconded by George Munson and passed unanimously.
The meeting was adjourned at 10/30 p.m.
Respectfully submitted,
Holly Russell, Recording Secretary