HINESBURG DEVELOPMENT REVIEW BOARD

MINUTES OF JUNE 1, 2004

Approved 6/15/04

 

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

Member Absent:  Greg Waples.

Members of the Audience:  Al Barber, Melissa Harter, Cheryl & Jim Langeway, Diane Langevin, Tom Campbell, Mike Pelletier, John Lyman, David Lyman, Barbara Forrest, Mike Hopwood, Kim Dugay, Tom Lyman, George Dameron, Harry Russell, Joe Donegan, and Russ Barone.

 

 

1.  MINUTES   Ted Bloomhardt made the motion to approve the minute of May 18, 2004 as corrected.  This motion was seconded by Howdy Russell and passed with George Munson abstaining from the vote.

 

2.      GRABOWSKI/LYMAN – CONTINUED FINAL PLAT PUBLIC HEARING   Brett

Grabowski was first on the agenda for a continued final plat public hearing on his proposed Creekside subdivision for property currently owned by David Lyman on the west side of Route 116.  Lisa Murdock, an engineer from Llewellyn Howley, was also present.  Brett addressed the following issues that had been listed in the memo from Alex Weinhagen, the Town Planner:

a)      The slope of the grade at the back of the northern houses and the drainage from these lots into lot #30, a common area.

b)      These houses will be built as contracts are made with the individual homeowners.

c)      The building envelopes for the condo’s on lot #3 are quite large.

d)      The path to Route 116 will have a border of either gravel or seeded grass between it and the concrete slab on the north end of the barn.  The hours of operation for this storage facility are 8 a.m.– 8 p.m.

e)      The hole on lot #31 will be filled and the lot graded and seeded.

f)        There will also be some re-grading of lot #1 behind the fire station.

g)      Sidewalks will be required on the western side of the road to connect the two condo lots.

h)      The lights on the path to Route 116 will be 12’ high and the streetlights within the project will be on 16’ poles.

i)        The plantings for lot 29 are now located on that lot.

j)        There will be a master Homeowners Association and the condo owners will be a part of that and also have their own Condo Association.

k)      He will obtain a performance bond to ensure that the necessary site work is completed.  “Substantial construction” of this project could be in two phases.  It is his plan at this time, to construct the retention pond, bridge and path, the stormwater system, fill and seed lot #31, and the northern section of the new road.

l)        They have made an offer of dedication of lots 1 & 31 to the Select Board.  These will not be official lots until this project has received Act 250 approval.  Meanwhile, the lots will continue to be owned by David Lyman and maintained by the Homeowners Association.

m)    George Dameron expressed concerns about the need to have all the infrastructure constructed as soon as possible and that there could be major intersection problems at Route 116.  The Board had also received a letter from Hinesburg resident Elizabeth Lee with concerns about this project.

n)      The new homeowners will maintain the trees that Brett plants on each lot.

 

Tom McGlenn made the motion to continue the Grabowski final plat public hearing to the June 15th meeting so that any other requested or required information can be submitted.  This motion was seconded by Ted Bloomhardt and passed.

 

3.      HART/DUGGAN – CONDITIONAL USE   Tami Hart was next on the agenda with her

father, Mike Hart, to present a proposal to replace a camp on the Hart property on Wood Run at the southern end of Lake Iroquois.  They had received a conditional use on 8/19/03 to replace this camp with a new camp, which was 20% larger.  The revised Zoning Regulations do not have a maximum increase as per Section 5.10.3(4).

Tami explained the following aspects of their new proposal:

a)      The existing camp is 20’ x 18’ and the proposed new camp will be a log cabin and 26’ x 34’.   They will not be encroaching on the setbacks any more than the existing camp nor be any closer to the lake.

b)      A new deck on the east side will be within the setbacks.

c)      They will try to leave as many of the existing trees as possible.  Mike explained that the large tree near the camp is quite dead.

d)      This will remain a seasonal camp with two bedrooms.

e)      They plan to drill a well and there is an existing septic system, which will be pumped annually.

f)        There is currently 7 year-round residences on Wood Run and 3 seasonal camps.

 

Diane Langevin, the landowners to the west, outlined some of her concerns:

a)      They are completely removing and rebuilding a pre-existing non-complying structure and not just repairing it.

b)      This new camp will be much larger than the existing one, which already violates the required setbacks and is not the required 75’ from the lake.

c)      This will be a large structure and out of character with the neighborhood.

d)      This larger structure is only 11 feet from her property line; she feels it could lower the value of her property.

e)      She questioned the quality of the existing septic system.

 

Several other residents of this private road were present and voiced their approval of the project:

a)      This camp is very old, needs repairs and replacing it will improve the neighborhood and the value of their properties.

b)      There are nice year-round houses here and this will improve the appearance of this lot.

c)      They have no knowledge of any problems with the septic system on the Hart property.

d)      This replacement camp will improve the view to the lake from surrounding properties.

 

The Board members felt that they would need to have a site visit to the area to judge the character of the neighborhood and the effect of replacing this structure on the adjacent properties.

 

Ted Bloomhardt made the motion to continue this conditional use public hearing to the Board’s July 6th meeting and the members conduct a site visit before that meeting at 6:00 p.m.  This motion was seconded by Howdy Russell and passed.

 

4.  FISHER – CONDITIONAL USE    Brian Fisher then presented a proposal for

conditional use review to construct a wind generator at property owned by he and Harry Russell at the end of the Lavigne Hill Road.  Howdy Russell recused himself from the Board during the review and vote on this project.  Brian explained the following aspects of his project:

a)      His house is not connected to the power grid and therefore he uses solar energy to power the utilities.  The State of Vermont issues a rebate on the construction of such a turbine and the company that he will purchase it from is very reliable.

b)      The tower for this wind turbine will be approximately 84’ high.  It will be located in a depression to the north of the existing house.  Brian had submitted maps indicating the distance from the proposed tower to the adjacent homes.

c)      This windmill will spin whenever the wind blows.

d)      It will be located in an area that is quite open and therefore will not require a lot of clearing of the existing trees.

e)      The sound level will be about 75 decibels at the base. The nearest property is owned by the Gallagers and does not have a house on it. However, there is ledge between this turbine and that property.

f)        There will be guide wires to support this structure.

 

Tom McGlenn made the motion to close the public hearing for the Fisher conditional use review and the Board take up this issue in deliberative session in order to render a decision.  This motion was seconded by George Munson and passed.

 

 

4.       NRG – LANDSCAPING PLAN AND SIGN   Dave and Jan Blittersdorf, owners of Wind

NRG Partners, LLC were present with their landscaper, Steve Schenker, to explain the landscaping plan that they had submitted as required by their site plan approval.  Steve explained that they will leave the fields open, have a small apple orchard on the west side, lilacs and shrubs around the pond, and maples near the southern solar panels.  This apple orchard is on the lot owned by Dave and Jan and they will provide an easement. There will be evergreens to shade and screen the loading dock on the east end of the building.  They will continue to provide access to the Riggs family to sugar on this eastern portion of the property.  Dave said that he is willing to begin the path to Commerce Park; however, they have had a problem obtaining an easement from those landowners.

 

The sign will be out at Route 116 and be 8 square feet in size on an 8’ high pole, which will have an anemomenter at the top.  The sign will not be lit and be red with white letters.

 

Ted Bloomhardt made the motion to approve the submitted landscaping plan and sign for the NRG LLC and the staff is directed to draft conditions of approval for the next meeting.  This motion is deemed approval as fulfilling the condition placed on the applicants.  This motion was seconded by Clint Emmons and passed unanimously.

 

 

5.      ACTION ITEMS

 

·        Green Dolphin/Hinesburg Meadow   Howdy Russell made the motion to grant final plat approval with conditions for the Hinesburg Meadow (previously Green Dolphin) subdivision.  This motion was seconded by Tom McGlenn and passed.

·        Ballard   Howdy Russell made the motion to grant Tim and Kay Ballard sketch plan to create one new lot approval with conditions.  This motion was seconded by George Munson and passed.

·        Nolan Francis   Howdy Russell made the motion to grant Nolan and Pam Francis approval for the transfer of land to an adjoiner with conditions.  This motion was seconded by Ted Bloomhardt and passed.

·        Fournier   Ted Bloomhardt made the motion to grant sketch plan approval with conditions to Gary  Fournier to develop a lot on the Pond Road.  This motion was seconded by Howdy Russell and passed.

·        Hart & Mead   Ted Bloomhardt made the motion to accept the new sign at the Hart & Mead service station with conditions.  This motion was seconded by George Munson and passed.

·        Mead Brothers   Howdy Russell made the motion to approve the sign at the Mead Brothers car wash with conditions and this motion was seconded by Robert Gauthier and passed.

·        Creekside/Grobrowski   The following issues were discussed and Alex was instructed to draft preliminary final plat conditions of approval:

-         The sidewalk should be continued on the west side of the road connecting the two condo groups.

-         The backyard slopes on the northern house lots should be consistent and in a straight line.

-          Lot #30 should be filled so as to continue the slope from the back of these northern houses and to ensure that it drains to the north and west.

-         The homeowners will maintain the trees installed by the developer on each of the house lots.

-         The Select Board will be the governing body to accept Lots 31 and 3 and it seems that it will take longer than 6 months for this project to receive all approvals.

-         The performance bond will have to be very clear as to what will be considered substantial construction and a time frame set up.

-         The conditions of approval should be very specific as to the height of the houses, the streetscape, and other design issues.

 

At this time, Howdy Russell left the meeting.

  

·        Fisher   Tom McGlenn made the motion to grant Brian Fisher a conditional use permit to erect a wind turbine at his property and the draft conditions should include the requirement that the Performance Standards be met.  This motion was seconded by George Munson and passed.

 

At this time, George Munson left the meeting.

 

·        Munson   Ted Bloomhardt made the motion to grant George and Karla Munson sketch plan approval with conditions to create 5 lots at their property.  This motion was seconded by Robert Gauthier and passed unanimously.

·         Robert   Ted Bloomhardt made the motion to extend the requirement that Artie Robert submit a mylar of his proposed right-of-way for an additional 6 months.  Jessica Barber seconded this motion and it passed.

·        It was also the consensus of the Board members that the submitted example of the material to be used in the smoke stacks at CVU High School would have to be painted and not Korten.

 

 

The meeting was adjourned at 11:50.

 

Respectfully submitted,

 

Holly Russell

Recording Secretary