HINESBURG DEVELOPMENT REVIEW BOARD
MINUTES OF MAY 4, 2004
Present: Ted Bloomhardt, Robert Gauthier, Greg Waples, Clint Emmons and Howdy Russell. Also Peter Erb, Zoning Administrator and Alex Weinhagen, Town Planner.
Members Absent: Tom McGlenn and George Munson.
Members of the Audience: Ginny Roberts, Linda Lumbra, Bill Lippert, Ted White, Bob Linck, Ray Mainer, Tom Hackett, Michelle Zimmerman, Steve Giroux, Carrie & David Fenn, Al Barber, Dominique Francis, George Dameron, Elizabeth Lee, Randy Bertrand, John Lyman Barbara Forrest, David Lyman, Rusty Devoid, and Jessica Barber (DRB alternate).
1. MINUTES Greg Waples made the motion to accept the minutes of April 20th and this motion was seconded by Robert Gauthier and passed with Howdy Russell abstaining from the vote.
2. LACROIX – SKETCH PLAN CONTINUATION Board members Clint Emmons,
Ted Bloomhardt, Robert Gauthier, and Greg Waples had made a site visit to the Greg and Nancy LaCroix (they were also present at this meeting) property on the west side of the Pond Road. Ted listed observations from that site visit: the driveway access onto Dynamite Hill, existing roadway, proposed departure point for the new access, proposed house location, and approximate lot lines. There was a discussion of the new roadcut and what materials and methods could be done to control runoff and erosion.
Ted Bloomhardt made the motion to close the discussion of the LaCroix sketch plan application and the Board will take up this further in deliberative session. This motion was seconded by Greg Waples and passed.
3. GREEN DOLPHIN/HINESBURG MEADOWS – FINAL PLAT CONTINUTATION The Board had continued the warned public hearing for the Green Dolphin subdivision to this meeting. Owner Jim Cameron, his engineer Peter DeGraff and lawyer, Rick Darby were present and explained the following changes to the plans and discussed other areas brought up by the DRB:
a) The building envelope on lot #2 has been reduced. Any farm building on this lot could be outside this envelope and the Homeowners Association has some control over the appearance of any farm structures.
b) Peter Erb had suggested having no-cut area by the road to ensure that headlights don’t shine into the Lumbra windows.
c) Maintenance of this private road during construction is very important.
d) Article #26 of the Covenants addressed a duration period for them and Ted explained that the Town has several items in these covenants that should remain forever and these would be included in the conditions of approval.
e) Tie points for the building envelopes on the lots have been shown on the final plat.
f) The “right to farm” statement is on the plat and will be in the deeds.
g) The plans also show the fence next to the Ballard farm and describe its appearance.
h) The farm use restrictions have been changed in the covenants for lot #2.
i) The easements for the common septic systems have also been covered in the covenants.
j) A concern was expressed about the maintenance of lot #2’s septic system which is on lots 4 & 5. Peter DeGraff explained that each house has it’s own tank and filter system and there is an alarm if the system fails.
k) The Board has received for the record an email from Melissa Levy of the Conservation Commission and a letter from Linda Lumbra, an adjourning landowner.
l) Al Barber, the fire chief, wanted assurance that there is sufficient space for a turnaround near the end of this private road. He also stated that there is not a fire pond at this end of Town and suggested they put in a 50,000-gallon pond. Peter DeGraff explained that the area Al suggested is a wetland and they would have difficulty locating one there.
m) Ted White from the Conservation Commission questioned if there would be any restriction on the type of fertilizers that could be used on the lawns. His commission is very concerned about protecting the aquifer and ground water. Jim said that is not an issue that they have looked into.
n) Linda Lumbra was concerned about protection of the wetland and the wildlife there.
Ted Bloomhardt made the motion to close the public hearing for the Green Dolphin/Hinesburg Meadows LLC final plat and the Board take up this issue in deliberative session in order to render a decision. This motion was seconded by Clint Emmons and passed.
4. GRABOWSKI/LYMAN – FINAL PLAT Ted Bloomhardt opened the warned public
hearing for the Grabowski/Lyman Creekside subdivision located on the west side of Route 116 in back of the fire station. Brett Grabowski gave a brief synopsis of what this subdivision will consist of: 24 single-family homes, 14 condominiums in duplexes, a detention pond, 2 lots to be offered to the Town and 3 lots of common land. The plan is to also widen the west end of Commerce Street with a new north-bound lane, provide a recreation path to Lot #31 which could be Town fields, and construct a path from this development out to Route 116 and then a pedestrian bridge across the canal.
Brett then went through the memo prepared by Alex and explained issues that had been brought up:
a) The legal language will be revised to indicate that the roads within this development will be private until the Town decides to take them over, which the Select Board has not committed to do.
b) There was a discussion of whether lots 31 & 1 would be part of this subdivision or would be separate lots donated by David Lyman to the Town. This issue would have to be further addressed as a waver as this open space is necessary for this subdivision to be a PRD.
c) The traffic study has been updated to reflect the additional units. Mike Weisel, an engineer for the Town, has studied this report and feels that it represents the figures correctly.
d) Mike Weisel had also suggested that the northern line of lot #31 be changed to allow for a better configuration of the playing fields. Brett stated that he would be filling, grading, and seeding this lot and lot #1. Therefore with the additional expense of the pedestrian bridge he does not feel that he should contribute $15,000 to the Town sidewalk fund. The Board members agreed with this idea and felt it was more important to improve the fields and provide access across the canal and toward the center of town.
e) The storage barn’s site plan will be addressed at the continuation of this hearing.
f) The applicants are working with AOT on obtaining approval of this bridge. Brett also explained that he did not feel that curbing was appropriate at the stretch of sidewalk next to Route 116.
g) The necessary wavers to the PRD requirements will be added to the plat.
h) Michael Lawrence, the landscaper for this project submitted a letter explaining that the street tress will be 40’ apart and eventually have a spread of approximately a 15’radius. It was suggested there be smaller trees or bushes planted between these trees. There was also a discussion of more landscaping on the north side of lot #29. Brett said that they are budgeting $60,000 for the landscaping and he also will spend approximately $1500 to 2000 on each house lot.
i) There will be a no-cut zone beside the LaPlatte River.
j) Once all permits have been obtained and financing secured, the applicants will provide a performance bond to ensure that all necessary work is completed.
k) They will work with the Town through its lawyer on granting access through these private roads to the two lots to be dedicated.
l) Brett felt that if the Town does not take over these roads and sidewalks that the Association should not be responsible for plowing the sidewalks or the path to Route 116 due to the expense. It was the feeling of several Board members that this would have to occur regardless of whether the Town takes them over.
m) Peter and Alex had worked a lot on the streetscape and possibilities for having this project meet the Village Design Standards from Section 3.4.5 of the Zoning Regulations. Brett presented and explained a typical streetscape showing the building fronts. It was felt that there should be a maximum height for these buildings and Brett suggested 26’.
n) The floodhazard conditional use will be addressed at the continued hearing.
o) Brett did not feel that they should have to provide a gazebo, which had been proposed at one time and a play area with equipment due to liability. He feels that each family will have their own backyard equipment. It was mentioned that these are very small lots with the houses very close together.
p) There are not proposed to be sidewalks in front of the condo’s on lot #23 and it was felt by the Board members that these should be installed at this time.
Ted said that for the record the Board had received a letter just this evening from George Dameron, a resident in theVillage, expressing concerns with this project, specifically in regard to traffic and pedestrian safety. George, who was present, outlined some of those issues.
There were also questions about the streetlights, which will be limited in number and also downcast; the fact that there are so many houses crowded into this small space and that the buildings are on slabs; and whether any of these units will be handicapped accessible to which Brett explained if they were specifically requested, he would build such units.
Ted Bloomhardt then made the motion to continue this public hearing to May 18, 2004 at 7:30 in the Town Hall. This motion was seconded by Howdy Russell and passed unanimously.
5. FRANCIS – SKETCH PLANS Nolan and Dick Francis presented two applications for
sketch plan review of their property on the north side of the Hayden Hill Road West. Nolan and Pam Francis, Dick and Jeannine Francis and Rusty and Joyce Devoid own this family property jointly. Nolan explained that the plan is to transfer approximately 40 acres to he and Pam from the main acreage. The plan that they had submitted showed Dick and Jeannine owning a strip of land that had formerly been a right-of-way to Dick’s property from the Hayden Hill Road West. The Board members felt that this would create an irregularly shaped lot and it would be better for Dick to use a right-of-way to access his property. Nolan said they would survey the property to ensure that no portion of it is less than 100’ in width.
Ted Bloomhardt made the motion to close the public discussion of the Nolan Francis sketch
plan review for transfer of land for the Board to discuss this matter in deliberative session in order to render a decision. This motion was seconded by Robert Gauthier and passed.
Dick Francis then presented a plan for sketch plan review to create 2 new lots of the
jointly owned Francis/Devoid property. He explained the following issues involved with their proposal:
a. Lot #1 would be 3.23 acres in size and have the existing farmhouse and small barn. Lot #2 would be 3.16 acres in size and would be transferred to his daughter and used for a single-family home. The remaining land would not developed at this time.
b. Lot #2 would be accessed by a new road-cut off the Town road and then by a driveway within a 50’ wide right-of-way across the jointly owned land. This drive will not exceed a 15% grade. This new drive will cross a seasonal stream and they plan to install culverts where necessary. He felt that stormwater would not be a problem on this hill side.
c. They are working with McCain Engineering to a develop a septic system for the new lot. They have found a replacement septic system area for lot #1 to the west and will probably change the submitted lot line for that lot.
d. The pastures and woods of the larger lot have always been accessed at separate locations and so this subdivision will not be dividing the property.
e. There have never been public trails or paths on this property.
f. There is a power line in back of the existing house, however, the power lines will be underground to the new house on lot #2.
Ted Bloomhardt then closed the public discussion of the Dick Francis sketch plan application for the Board to further discuss this matter in deliberative session in order to render a decision. This motion was seconded by Howdy Russell and passed unanimously.
6.BALLARD – SKETCH PLAN Tim and Kay Ballard were next on the agenda with their daughter Mary Jane to look into creating one new lot at their farm on the west side of Route 116 north of Ballard’s corner. Mary Jane explained the following aspects of their proposal:
a) There is an existing mobile home on this property that they will remove. They plan to put a modular home in its place and place this building in a north/south position.
b) There is an existing septic system on the property and the home is on Town water.
c) There also is an existing driveway cut onto Route 116.
d) The power from a pole on Route 116 would be underground.
e) A portion of the property would still be farmed with the remainder of the Ballard land.
It was explained that they would have to contact the State on the necessity for septic approval for this lot and the existing farmhouse. It was suggested that trees be planted on the south side to keep this lot part of the cluster of the houses on the north. The “right to farm” clause should also be included on the plat.
Ted Bloomhardt made the motion to close the public discussion of this Ballard sketch plan review and the Board take it up during deliberative session in order to render a decision. This motion was seconded by Howdy Russell and passed unanimously.
7. DELIBERATIVE
SESSION Greg Waples made the
motion that the Board go into deliberative session and this was seconded by
Clint Emmons and passed. At that time
the following actions were taken:
·
Creek Side
A list of items involving the Grabowski subdivision was made including
plowing the sidewalks, constructing a sidewalk in front of the west condos that
extend to the front of the other set of condos, having small filler trees or
bushes between the street trees, street trees on the north side of lot #29,
some lighting at the walkway by Jon Lyman’s, and participation in a study of a
crosswalk across Route 116 near the canal.
This motion was seconded by Robert Gauthier and passed.
·
LaCroix
Ted Bloomhardt made the motion that the staff draft conditions of
approval for the Greg and Nancy LaCroix sketch plan application to include the
requirement for engineering plans for the new access. This motion was seconded by Greg Waples and passed with Howdy
Russell abstaining from the vote.
·
Green Dolphin/Hinesburg Meadows Ted Bloomhardt made the motion that the
staff draft conditions of approval for the Green Dolphin final plat including
requirements that: specific covenants
be included, road upkeep during construction, method for agreement on landscape
screening, dust treatment for this road, keep existing hedgerows, lot #2
building envelope must be 8/10th of an acre, and check septic
maintenance control for lot #2. This
motion was seconded by Robert Gauthier and passed unanimously.
·
Francis
Ted Bloomhardt made the motion that staff draft conditions for sketch
plan approval of the Francis transfer of land to Nolan including the
requirement that a survey be done to reflect the change to the submitted
boundary line and that the minimum dimensions are met, and that their deed
language is sufficient. This motion was
seconded by Howdy Russell and passed unanimously.
·
Francis
Ted Bloomhardt then made the motion that staff draft conditions for
sketch plan approval of the Francis property on Hayden Hill including
requirements for engineering plans for the private road at the stream crossing
for moving and dispersion of water; and submitting well lots. This motion was seconded by Greg Waples and
passed unanimously.
·
Ballard
Ted Bloomhardt made the motion that staff draft conditions for sketch
plan approval for the Ballard application to include that the power be
underground, a survey be done, the driveway location, and trees on the south
side of the new lot. This motion was
seconded by Howdy Russell and passed unanimously.
The meeting was adjourned at 11:45.
Respectfully submitted,
Holly Russell
Recording Secretary