HINESBURG DEVELOPMENT REVIEW BOARD

MINUTES OF MEETING JULY 20, 2004

Approved 8/03/04

Present: Tom McGlenn, Howdy Russell, George Munson, Robert Gauthier, Clint Emmons, and Ted Bloomhardt, Michelle Zimmerman (Free Press). Also Peter Erb, Zoning Administrator.

Member Absent: Greg Waples.

Members of the Audience: Tom Campbell, Diane Langevin, Cheryl Langeway, Mark & Veta Buckholz, David Haber and Melissa Harter.

1. MINUTES Howdy Russell made the motion to accept the minutes of July 6, 2004. This motion was seconded by George Munson and passed with Ted Bloomhardt abstaining from the vote.

2. DRB PROCEDURES Tom McGlenn reported to the other Board members that he, Howdy and George had attended a Select Board meeting to discuss DRB procedures and staffing responsibilities. It was questioned whether more clerical help is needed to streamline the process. He suggested that the DRB plan to have a work-session for the September 21^st meeting to work on job descriptions and staff work loads in order to recommend to the Select Board any changes that could be made in the process.

3. FRANCIS – SURVEY The Board had received a letter from Dick Francis requesting that

his family not be required to survey their entire property on Hayden Hill and just the smaller lots that are or will be developed. Ted Bloomhardt made the motion that it is the consensus of the Board that only the portion involved in the developed lots needs to be surveyed and not the remainder parcel for their final plat application. This motion was seconded by Howdy Russell and passed unanimously.

4. HART/DUGGAN The warned public hearing for a request for a conditional use permit by Hart and Duggan had been continued to this evening. This request was to replace a pre-existing non-complying camp with a new camp on Wood Run at the south end of Lake Iroquois. The Board members had conducted a site visit to the property on July 6^th and reported back the following findings:

· The location, size and condition of the existing camp were noted.

· The size and location of other camps and houses on this road was noted and that there are several large homes here.

· The ledge on the east side of this property would probably have to be blasted to construct the proposed deck on that side and trees removed.

· There is limited screening from this property to that on the west and several of the trees would have to be removed to construct this new camp. Also due to the nature of the soils and existing ledge it could be difficult to establish new vegetation.

The members then discussed the following issues with Mike Hart, Tami & Gerry Duggan, and several neighbors that were in the audience:

a) The existing camp is 20’ x 18’ and Tami Duggan said that the new camp is proposed to be 42’ x 30’ with a loft. The deck on the lakeside would maintain the current setback. The deck would continue around on the east side for a total of 376 square feet. It was calculated that the total living space would be approximately 2 1/3 times larger than the current camp.

b) The existing septic system is in the wooded area to the west and they would not be adding bedrooms. It was a concern of the Board members that due the size of this new structure, there would be room for more people to stay at this camp. Hinesburg does not have septic regulations and relies on the State Health Department if there is a problem.

c) This is the first application that the Board has reviewed under the revised Zoning Regulation that allows for an unlimited increase rather than the previous 20%.

d) There was a question of whether tearing down this structure and replacing it is permitted under the Zoning Regulations and Section 5.10 was read which governs this situation.

e) The lot to the west is approximately 6 feet higher than this lot and this new camp will be 21’ high and on a slab.

Tom McGlenn made the motion to close the public hearing and the Board go into deliberative session in order to render a decision. This motion was seconded by Robert Gauthier and passed unanimously.

5. O’BRIEN – FINAL PLAT Tom McGlenn opened the public hearing for review of a

request for final plat approval by Everett and Patricia O’Brien for a 2-lot subdivision of their property on the east side of the North Road. George Bedard presented this proposal for the O’Briens who were not at the meeting and explained the following aspects of their proposal:

a) There is an existing house on the 3.97-acre lot and a mobile home on the larger 143.5-acre lot. A building envelope has now been shown around the mobile home.

b) The deed language for the neighbors’ wells that are on lot #2 has been submitted and the well shields shown on the plan.

c) There has been a new well drilled for the existing farmhouse on lot #1. The mobile home is using a shallow well but location and a well shield were shown for any future new well here.

d) The septic plans show septic systems and replacement areas for both lots and they have applied for State approval for these plans.

e) These lots each have existing driveways and the larger lot has a second road-cut onto the North Road, which is a farm access only.

f) The applicants had requested and received Board approval to survey lot #1 and only the front portion of lot #2 including the well shields for the neighbors wells.

Tom McGlenn made the motion to close the public hearing for the O’Brien final plat review and direct staff to draft conditions of approval. This motion was seconded by Clint Emmons and passed unanimously.

6. PRIEST – VARIANCES Marie and Alex Priest were next on the agenda to request variances

to construct a garage on their property on the north side of the Texas Hill Road. They explained the following aspects of their proposal:

a) They wish to construct a 26’ x 18’ square foot two-story garage that would be easier for Mr. Priest who has limited mobility. Their house is built on a slab and the new upper story would be used for storage.

b) They are requesting a 10’ variance from the required 60’ front-yard setback and also a 10’ variance from the required 20’side-yard setback as governed by Section 2.3.1 of the Zoning Regulations. This section requires a 20’ side-yard setback if a structure is larger than 600 square feet and 2-stories.

c) Their well is behind this new garage, their septic system and several sheds are on the west side of their property and this seems to be the only place that a garage could be built. Moving the garage back would block off a window in the east side of their house.

d) They read from a letter from their neighbors to the west the Gardeners supporting this project.

e) This new garage would have vinyl siding to match the house and would not be heated or have running water.

Tom McGlenn then went through the Official Findings of Fact, which the Board under State Statute must consider in order to grant variances:

1a(a). There are UNIQUE circumstances with this lot due to the (iii) narrowness of the lot and (v) physical conditions with the location of the well and septic system.

2.(a) However, it was the general consensus of the Board that these circumstances do not prevent the development of this property as there is a house here and a smaller garage could be built that would meet the setback requirements such as a 24’ x 18’ square foot one story structure.

Tom McGlenn made the motion to approve this application by Alex and Marie Priest for variances in the setback requirements to construct a garage. This motion was seconded by George Munson and was defeated with George Munson, Robert Gauthier, Ted Bloomhardt, and Howdy Russell voting against the motion to approve and Clint Emmons and Tom McGlenn voting for the motion.

7. HODGKIN – SKETCH PLAN Vivan Hodgkin next presented a plan to subdivide her

property on the corner of the Lewis Creek Road and Silver Street. The eastern boundary of this property fronts on Turkey Lane. She and her husband Bill plan to sell their existing house on Lewis Creek with 7.3 acres of land and leave the remaining approximately 25 acres with no development plans except for a storage shed. Vivian also explained:

a) They will use Lewis Creek as the boundary line between the two lots. This line will use the high water mark of the creek as the actual line with the land under the creek going with the existing house and smaller lot.

b) The proposed 36’ x 24’ storage shed will not be heated or have water or a septic system with it.

c) They have surveyed lot #1, which they are selling and are requesting that the larger retained parcel not be surveyed.

d) They have a letter from an engineer analyzing the existing system and indicating the location for a replacement system. They realize the retained parcel has not been tested for supporting a septic system and may not be developable.

Tom McGlenn made the motion to close the public discussion of the Hodgkin sketch plan review and direct staff to draft conditions of approval. This motion was seconded by Howdy Russell and passed unanimously.

8. SIROTKIN – SITE PLAN & CONDITIONAL USE Allan Sirotkin presented a plan for

Green River Chocolates to operate out of the building in Commerce Park currently owned by Mary McClements and the location of Spring House Arts. Allan was requesting site plan approval, a conditional use permit, and a sign permit and he explained the following aspects of his business:

a) He manufactures chocolate sauces and other chocolate products and would also like to have a small café. There would also be a very small retail area in this 2308 square foot space.

b) There are currently 13 spaces designated for this building in the shared parking lot with the Post Office.

c) At this time, he works alone but may hire up to 4 employees in the future. The manufacturing aspect is more seasonal with busy times at Christmas and Valentines Day.

d) He ships most of his products by UPS and FEDEX and occasionally receives materials by a larger truck. It is his plan that these trucks could park on Commerce Street and not go into the Post Office lot.

e) There are several items such as finishing the sidewalk and planting trees from the McClements original site plan and Allan is working at completing those.

f) His sign would be the same size and location as the existing art school sign.

g) There is an enclosed area for the gas tanks and trash receptacles could be located there.

Tom McGlenn made the motion to close the public discussion of the site plan of the Sirotkin proposal for the production of chocolate products and a small café at lot #14 in Commerce Park. This motion was seconded by Clint Emmons and passed unanimously.

9. ACTION ITEMS At 9:45, after hearing from all applicants, the Board then acted on the following items:

Ballard Tom McGlenn made the motion to grant a conditional use permit to replace a pre-existing non-complying use. This motion was seconded by George Munson and passed with Clint Emmons abstaining from the vote.
Hart Tom McGlenn made the motion to grant Michael & Elaine Hart and Tami & Gerry Duggan a conditional use permit to replace a pre-existing non-complying camp with a larger camp on Wood Run at Lake Iroquois. This new structure would result in a 150% growth in the footprint of the existing structure, the side-yard setback distance would be lengthened which would increase the degree of non-conformity, and the septic system may be inadequate for this amount of increase in building size. This motion was seconded by Robert Gauthier and was defeated with George Munson, Howdy Russell, Robert Gauthier, Ted Bloomhardt and Tom McGlenn voting against it and Clint Emmons voting for it.
Creekside Due to the fact there are still questions about the draft conditions of approval, the Board requested that Alex work on this conditions of approval further.
Iverson Tom McGlenn made the motion to grant final plat approval to Virginia Iverson for a 3-lot subdivision of her property on the west side of Silver Street. This approval includes a transfer of land to the adjacent landowners, Clyde and Jane Holt. This motion was seconded by Clint Emmons and passed unanimously.

**** Clint Emmons left the meeting at this time ****

Kay Howdy Russell made the motion to grant Randall Kay and Marjorie Meyer a Conditional Use Permit and Development on a Private Right-of-Way approval for the conversion of a camp to a year-round residence on Wood Run at Lake Iroquois. This motion was seconded by Robert Gauthier and passed with Russell, McGlenn, Gauthier, and Munson voting in favor and Bloomhardt abstaining from the vote.
The five members that were present recommended to the Planning Commission that Peter Erb be re-appointed Zoning Administrator for another term.

The meeting was adjourned at 11:30 p.m.

Respectfully submitted,

Holly Russell, Recording Secretary