HINESBURG DEVELOPMENT REVIEW BOARD

MINUTES OF MAY 18, 2004

Approved 6/1/04

Present: Tom McGlenn, George Munson, Ted Bloomhardt, Robert Gauthier, Clint Emmons, Greg Waples, Howdy Russell, and Jessica Barber (alternate). Also Peter Erb, Zoning Administrator.

Members of the Audience: Al Barber (fire chief), Karla Munson, Tom & John Lyman, Beth and Christian Beary, Richard & Linda Weston, Patricia Ballin, Steve Conlon, Harry Russell, Patty Whitney, Armond Fournier, Joe Donegan, Kim Hazelrigg, and Karl Novak.

Prior to the meeting the Board members had conducted a site visit to the George and Karla Munson property on Buck Hill Road West. Robert Gauthier and Jessica Barber did not participate in this visit. Also present were adjacent landowners Patty Whitney and Anne and Joe Donegan.

1. MINUTES Howdy Russell made the motion to accept the minutes of May 18, 2004 as corrected. This motion was seconded by Greg Waples and passed.

2. MUNSON – SKETCH PLAN CONTINUATION George Munson and Howdy Russell

recused themselves during the review of the Munson sketch plan proposal. George’s engineer Jason Barnard was also present. Greg Waples listed some of the observations that were made during the site visit to this property:

• The right-of-way location, individual drives, and proposed turn around.
• Sight lines to neighboring properties and off to the south and Silver Street.
• They walked a portion of the neighboring Russell walking path.
• The location and condition of the pond.
• The new road’s entrance off of Buck Hill Road West.
• There is a shallow well/spring in the swale northwest of the pond.
• There seems to be a lot of trash on the north/west corner of the property that George stated would be removed.

Howdy Russell, recused himself as an adjacent landowner, and gave some of the his areas of concerns:

• This property has good rich ag soils that are well drained and should be left open. A PRD might accomplish this.
• The house locations could perhaps be moved down closer to the buck Hill Road.
• There is a major hiking trail on the Russell property that is used all year round.
• These houses will be very visible from Silver Street and from the south.

George then stated that:

• He does not feel that there are good ag soils here and it is quite steep for farming.
• The 170’ – 180’ between the houses and the walking path is sufficient.
• He would not have a problem with using dark stone on this new road or controlling the color of the houses but he does not want to change the location of the houses. He does not feel that a PRD or clustering the houses would work in this situation.

Ted mentioned that if these houses have walkout basements, they would be very visible from Silver Street and to other points south. George said that only 2 floors of house would be visible. He emphasized that at this time, the Board is only reviewing a sketch for the proposed five lots and not the details on building size or location or type. He then stated that he had discussed expanding the Village District to his property with the Planning Commission and they are unwilling to do that. Therefore he is only working with the existing Rural Residential I zoning in planning for his property.

Tom McGlenn made the motion to close the public discussion of the Munson sketch plan and the Board further discuss this issue in deliberative session in order to render a decision. This motion was seconded by Clint Emmons and passed.

3. FOURNIER – SKETCH PLAN Gary Fournier presented his plan for a lot, which he has

recently purchased on the Pond Road across from the CVU playing fields. He explained that his submitted plan had shown a subdivision of the 13.6-acre lot. However he has found there is a protective covenant on the property that it cannot be divided as long as Mildred Aube is alive. When this lot was created by Hector Aube, a condition of that subdivision was that “The premises shall not be further subdivided during the lifetime of grantors herein.”

Gary explained that he would like to build his house and barn toward the eastern portion of the lot. There is wetland on the lot and he has contacted the State wetland coordinator. He has also met with a State stream alteration expert in regard to crossing the stream to get to his new house. There is an existing snowmobile trail across this property and Gary explained that he is a snowmobiler and therefore very happy that it is located here.

Tom McGlenn made the motion to close the public discussion of the Fournier sketch plan proposal and the Board take this up in deliberative session in order to render a decision. This motion was seconded by Greg Waples and passed.

4. COMMUNITY SCHOOL SIGN Principal Donna Hale submitted more information on the

proposed bulletin board sign for the community school in the Village. The sign would be 24 square feet and internally lit. She explained that the wattage of these bulbs could be regulated to reduce glare. It will be constructed of Lexan a type of plastic.

George Munson had taken and submitted pictures of similar signs in the area schools including that at South Burlington High School. Donna explained that the sign would only be lit approximately from 4:00 – 7 in the winter but not year-round. The Board members felt that the existing sign matches well with the historical White Building and that this new sign could be integrated with that wooden sign. The new sign will be located in front of the White Building where the existing one is.

Donna further explained that this sign would be informational only announcing school and town events. There could be 4 lines of 4 inch high lettering and these letters would be against a white background. Tom McGlenn questioned whether there could be another color for the background and Donna will look into this. Tom suggested that as there are several outstanding issues, the discussion of this proposal continue and Donna submit further information.

5. GRABOWSKI/LYMAN – CONTINUED FINAL PLAT Brett Grabowski was present with

his project engineer, Lisa Murdock for a continued public hearing for final plat of his subdivision Creekside on property currently owned by David Lyman and located on the west side of Route 116 behind the Town fire station. Tom McGlenn also opened the warned public hearing for a conditional use review in regard to the flood hazard area and also moving a zoning district line. The revised site plan for the Lyman Storage Facility was also part of this review.

The Board received, this evening and for the file on this project, letters from Andrea Morgante, George Dameron and a memo from Alex, the Town Planner regarding the legal language.

Final Plat Brett then explained and discussed the following final plat issues (from Alex’s staff memo) with the Board members and members of the audience (Jessica Barber was again present as Tom McGlenn had missed the first meeting of this review):

- David Lyman will retain ownership of lots 1 and 31 until the Town takes them over.

- New Covenants were submitted and the buildings would not exceed 30’ in height.

- A sidewalk has been added to the plans in front of the condos on lot 23.

- Two feet of the lawn for each house is within the road right-of-way.

- Brett proposed having 2 shade trees on each house lot, which would be included in the $2,000 worth of landscaping he will plant with each home. It was felt it would be better to have these be smaller trees.

- Additional trees will be planted on lot #29 to help screen that house from Route 116.

- Brett agreed to have a second light for the path out to Route 116 at the corner near the Lyman Storage barn. The streetlights within the project will be 20’ high and there will be only about 10.

- Brett suggested that he paint a crosswalk at the Mechanicsville Road intersection for people crossing Route 116. It was emphasized that it is very important that pedestrians or bike riders be able to get from this subdivision to the center of the village safely.

Site Plan Brett then addressed the site plan for the Lyman Storage Barn, which is on lot #2 of this project. This is an existing business that had received approval as a PUD and the Creekside proposal will be moving the approved western boundary line of that lot. There are no substantial changes to the approved site plan except that the path to Route 116 will cross a corner of this lot. There was a concern about the concrete pad at the northern end of the barn and its proximity to the paved path. Brett agreed that a portion of this pad could be removed near the path. Lisa Murdock explained that there would be a culvert to divert run-off toward the wet area in back of the barn on the Creekside property. There will be landscaping for screening on lot #3 of the Creekside property.

John Lyman, manager of the storage barn explained that there are not more than 5 cars at a time accessing their unit and there is adequate parking for them around the barn. There is no outside storage for boats or campers at this storage facility. They do not allow the storage of hazardous materials in the barn.

Flood Hazard This issue is addressed in Section 6.2 of the Zoning Bylaw. There will be a collection system under the streets that will bring runoff into the detention pond. It was stated that the area around this pond should not be mowed. Seven of the lots are within the Flood Hazard area and they have a letter from Karl Jurentkuff a State floodplain engineer. These houses will have no basement and will be built above the base flood elevation level, which is 326’ and for a 100-year flood.

There was concern that the LaPlatte River could fill in with silt and these houses be affected in the future. Peter Erb explained that there is a buffer zone along the LaPlatte and then the houses are beyond the proposed recreation field.

Conditional Use Under Section 1.3 of the Bylaw, to move a zoning district boundary line a landowner must obtain a conditional use permit. In his memo Alex addressed the criteria for that action. The deeds will contain language that this subdivision is adjacent to industrial and farming occupations.

Tom McGlenn made the motion to continue the final plat hearing for the Creekside subdivision to June 1, 2004 at 7:30 p.m. in the Town Hall. This would be for more review of the flood hazard issue and the conditional use permit for the boundary adjustment. More information on the tree plantings should be submitted and the staff needs time to review the legal language presented this evening. This motion was seconded by Clint Emmons and passed.

6. HART & MEAD/MEAD BROTHERS – SIGNS Sean Crumb presented, with Doug and

John Mead, a proposal to replace the Texaco sign at their station on Route 116 with a larger Shell sign. He explained that this sign would have only the Shell logo and not name; and also gas prices. It will be 4’ x 8’ or 32 square feet in size and located where the existing sign is. Under the Sign Ordinance gas station signs are only allowed to be 24 square feet. Sean explained that the existing Texaco sign is 49 square feet and therefore a pre-existing non-conforming structure. The sign would be illuminated only from approximately 4:00 – 6 during the winter months.

Ted Bloomhardt made the motion to approve the 24 square foot sign internally lit gas sign at Hart and Mead service station with a maximum height of 15’, in the event that the present sign is not considered pre-existing. This motion was seconded by Greg Waples and passed.

Doug and John then discussed their proposed wooden sign for the new car wash. It will be approximately 16 square feet with the top about 4 feet high. The plan is to light from the ground and these would be on a timer like the lights at the station. It will be perpendicular to Route 116 and as shown on the submitted plan between shrubs next to the sidewalk.

Ted Bloomhardt then made the motion to direct staff to draft conditions of approval for the sign at the Mead Brothers car wash including the lighting not obstructing traffic, the final dimensions and height, and what hours it will be illuminated. This motion was seconded by Clint Emmons and passed.

7. DELIBERATIVE SESSION Greg Waples made the motion that the Board go into deliberative session and this motion was seconded by Tom McGlenn and passed. At that time the Board acted on the following items:

• Francis Greg Waples made the motion to grant sketch plan approval to the Francis Family to create 2 new lots from their property on the north side of Hayden Hill Road West. This motion was seconded by Howdy Russell and passed unanimously.

• Lacroix Ted Bloomhardt made the motion to grant sketch plan approval to Greg and Nancy Lacroix to create one new lot at their property on the north side of the Pond Road. This motion was seconded by Tom McGlenn and passed with Howdy Russell abstaining from the vote.

• Babbott Howdy Russell made the motion to grant Frank Babbott an extension of six months for his sketch plan proposal for his property on the Pond Road. This motion was seconded by Tom McGlenn and passed.

• Hinesburg Meadows The Board felt the necessity to review the requested legal language prior to making a decision. Ted Bloomhardt made the motion to continue the final plat public hearing for Hinesburg Meadows (formerly Green Dolphin) to the June 1, 2004 meeting. This motion was seconded by Greg Waples and passed.

• Community School Sign Staff was directed to draft conditions of approval including conditions that there be no commercial advertising as this bulletin board, will be incorporated with the existing wooden sign, have specific hours when illuminated, 4 lines of 4 inch letters, and a method to control light wattage.

• Fournier Staff was directed to draft conditions of approval to include the driveway location to ensure that all zoning setbacks are met, the wetlands are shown and addressed by the State, and the septic design be presented.

• Creekside Several items should be addressed at the next meeting including:

a) Landscaping to include not mowing at the detention pond, the 2 trees on each lot not be full size street trees, sufficient and sustainable soil be provided where the larger street trees are planted. The smaller trees such a flowering crabs could be within the street easement and maintained by the Homeowners Association.

b) There should be more lighting at the path across the John Lyman property to Route 116. When this path is constructed, a conduit should be installed for future lighting if necessary.

c) The applicant will obtain a performance bond or set up an escrow account to ensure that the conditions of approval are met.

d) The concrete shown at the north end of the Lyman storage barn will be removed along the pedestrian walkway to Route 116.

e) The applicant should address or participate in studies of the issue of crossing Route 116.

• Munson George and Howdy left the meeting at this time. This project will be a major subdivision with 3 steps of review. Staff was directed to draft conditions of approval and address the following issues:

a) The topography of the property and sight lines to the various Town roads such as Silver Street and Route 116 as the houses could be very visible.

b) The house on lot #1 could be moved further west as the drive will not be an issue.

c) The color and height of the houses and ensuring that the new road is of a dark color.

d) There should be an easement for a path down to Route 116.

e) That the project meets the Subdivision Design Standards and has more open with clustering of the houses.

Ted Bloomhardt made the motion to grant sketch plan approval for the 8 units (4 duplexes) with a sketch plan to be developed with the lots reconfigured to meet the design standards of the Subdivision Regulations and to reduce the visual impact of the houses with more open space and clustering of houses. This motion was seconded by Clint Emmons and passed unanimously.

The meeting was adjourned at 11:50.

Respectfully submitted,

Holly Russell, Recording Secretary