HINESBURG DEVELOPMENT REVIEW BOARD

Minutes of August 17, 2004

Approved 9/07/04

 

Present:          Tom McGlenn, George Munson, Greg Waples, Clint Emmons, Howdy Russell, and Jessie Barber.                                    

Members Absent:     Ted Bloomhardt and Robert Gauthier                   

Members of the Audience:   Karla Munson, Deanna Utter, Joe Donegan, Laurie Goldsmith, David Lyman and Barbara Forrest.

 

 

1.  MINUTES   Howdy Russell made the motion to accept the minutes of August 3, 2004 as corrected.  The motion was seconded by George Munson and passed unanimously.

 

 

2.  MUNSON - SKETCH PLAN.  Both George Munson and Howdy Russell recused themselves from the board for this discussion.  Karla Munson digitally recorded the discussions. 

 

Tom McGlenn noted that this is a new application following a prior approved sketch plan.  George Munson presented the recent revisions made to the sketch plan pursuant to the DRB’s suggestion from the applicant’s earlier sketch plan approval.   The sketch plan now proposes a 5 lot subdivision, with 4 new lots from 1-2 acres each occupying the northern portion of the parcel along the forest edge.  The existing house and farm structures are retained on lot 5.  George noted that the plan had changed to single-family homes on each lot, rather than duplexes.  He described the changes in lot boundaries, and also presented a context plan illustrating that the proposed subdivision is similar in it’s rural nature to surrounding development.

 

Tom McGlenn asked for comments from the public.  Howdy Russell, who is a co-owner of adjoining land, spoke from the audience.   He expressed concerns about the house placement blocking a trail system which is heavy used by “a lot of folks from the Village and certainly a lot of folks from Lyman Meadows use this trial system.”  He would prefer having the houses placed in a cluster, rather than in a line, which he feels, blocks the most panoramic view.   Howdy also felt the houses were located on the best agricultural soils of the parcel.  George replied that the parcel has never been used for crops; the land has been pasture for the 30 years he has owned it, and it was pasture prior to that as well.   Howdy’s third concern was with the road placement, since it traversed across the land.  He asked if George would consider moving the road nearer to the barn.  George said it was all ledge in that area.

 

George asked that it be recorded in these minutes that this sketch plan review should have been moved to a later meeting date so that the applicant could have time to iron out differences.   He said this is the longest sketch plan review he knows of.

 

Greg Waples moved that this be taken up in deliberative session.  Tom McGlenn seconded.  George noted that he wanted the concerns to be given to the applicants in an open meeting, because he was not aware of prior concerns.  Tom noted he has no other concerns except those in the staff report.  Greg thought it shouldn’t be treated differently from any other sketch review.   The motion was passed unanimously.

 

 

3.  DARK STAR LIGHTING - SITE PLAN REVIEW.  Charles Ferreira, Michael Sorce and Kelly Leary came before the Board seeking an extension on a temporary conditional use permit which has expired for parking area on lots 11 and 12.  Mr. Ferreira explained that the temporary conditional use permit was originally granted to NRG to provide parking spaces for their growing numbers of employees.  Now that NRG has moved out, Dark Star Lighting would like to continue to use the parking area so that trucks can back in to make deliveries, and to accommodate space for snow removal. Michael Sorce, of Dark Star Lighting, explained that Phase I and 2 have taken place.  Phase 3, which is located on lot 12 has not taken place.  In the future Phase 3 would be a building, and the parking area may be needed.

 

Clint Emmons asked about the big pile of dirt.  It had been determined that the top soil could not be removed from the lot, and they were waiting to see what would happen with Phase 3 before either flattening or moving to another portion of the lot.  Greg Waples asked how long they wanted the permit to be extended.  Mr. Sorce said perhaps five years because that is when they’ll have to refinance, and also because if their business tenants sign a five year lease, Dark Star can’t risk going back to the DRB in two years and having the permit denied.

 

Tom McGlenn forewarned Dark Star that they may have to help finance a future traffic study for Commerce Street.  Peter Erb asked about Dark Star dropping off vehicles at night.  Mr. Sorce explained that Dark Star Lighting is a service industry dedicated to performing arts.  They facilitate the technical ends of shows.  When a show ends at 11:00 p.m., Dark Star takes the lighting down and brings it back to the office.  Very rarely are things unloaded from the truck at night.  Their office hours are 9:00 to 5:00.   Peter suggested that easements be considered to keep the two lots separate from one another.

 

Tom McGlenn moved to grant Dark Star Lighting, Inc. a temporary extension of the site plan, and direct staff to come up with conditions for approval for the next meeting.  Greg Waples seconded.   The motion was approved unanimously.

 

 

4.  PRIEST - CONDITIONAL USE.  Marie and Alex Priest, as well as their builder, Lorie Goldsmith came before the board seeking a conditional use permit to construct a large detached garage on their property on Texas Hill Road.  The variance for this garage was originally denied with the suggestion they apply for a conditional use permit instead.

 

A letter from their neighbors, the Boivins, was discussed.  The Boivins are opposed to the structure.  Board members carefully reviewed the town regulations for definitions conditional use variance, accessory structure, floor area, and character of neighborhood, among other issues.  Greg Waples noted that the Town has set backs for structures this size, and this plan encroaches on the set backs.  He also noted the potential to impact neighbors property.   Howdy Russell agreed, noting that he’d like to grant a variance, but it doesn’t meet conditions in the Town Regulations.  George Munson offered ideas for changing the position or size of the garage so that it could be a permitted use, and not need a conditional use permit.

 

Tom McGlenn moved to grant Alex and Marie Priest a conditional use permit for a 18' x 26', two-story garage with 10' side yard variance and 10' front yard variance.  Greg Waples seconded the motion.  The motion failed with all opposed except Tom McGlenn who was in favor.

 

 

5. EDDY FINAL PLAT.  Tom McGlenn opened the public hearing for the Final Plat Approval for Paul Eddy of a 2-lot Minor Subdivision on the south side of Charlotte Road.  Paul Eddy and George Bedard presented the application.  George Bedard pointed out the boundary line adjustment that has been made to the final plat.  He said the boundary is between land owned by Paul Eddy and David and Marie Eddy.  It follows more natural features.  The existing acreage remains pretty much the same.  The existing driveway is now on David’s land, and Paul will need an easement.  The driveway will be longer in order to not disturb some nice trees.

 

Tom McGlenn asked about language for maintenance of shared portion of driveway.  Howdy Russell asked if a road association should be considered.   George Bedard felt a road association was not necessary.  He noted that this situation is different from other road association scenarios because it is an existing driveway, there is only 100 feet of existing shared distance, and it serves only two houses.  Peter Erb noted that if a right of way is granted in the future, then a road association may be formed.

 

Tom McGlenn moved to close the public hearing.  The motion was seconded.  Tom McGlenn then made a motion to grant Paul Eddy Final Plat and boundary adjustments approval, and direct staff to draft conditions for approval.   Greg Waples seconded, and it was unanimously passed, with the exception of Jessie Barber who was away from the room at the time of discussion.

 

 

6.  EMMONS - FINAL PLAT.  Tom McGlenn opened the public hearing for the Final Plat Approval for Clinton Emmons of a 2-lot Subdivision located on Bittersweet Hill.  George Bedard discussed the landscaping screening on the engineering plan.  Retention of trees was discussed at length.  Two or three maples will be removed for the driveway, the rest will stay.   Tree removal needs to be further defined in deed language.  “Trees greater than 4 inches in diameter at one foot above ground shall not be removed.  However, dead, diseased or other trees may be removed provided such removal is necessary for safety issues or damage to property.”

 

Tom McGlenn asked for audience comments.  Deanna Utter who owns neighboring property was concerned about surface water runoff on her property.  She thought the swale and drainage ditches described by George Bedard would not help.  Howdy Russell noted there should be a condition regarding water drainage issues.

 

Tom McGlenn moved to continue this public hearing to the September 7, 2004 DRB meeting and to take this matter up in deliberative session.  George Munson seconded and it was passed unanimously.

 

 

7.  DELIBERATIVE SESSION.  Greg Waples moved the Board go into deliberative session.  It was seconded and approved. 

 

Greg Waples proposed a motion to approve the Fournier subdivision approval as amended (to state the amended mylar be filed within 90 days of substantial construction).  The motion was seconded and unanimously approved.

 

Greg Waples proposed a motion to approve the revision to a Final Plat application of Chris Tebbetts and Jonathan Radigan, as amended.   Howdy Russell seconded, and it was approved unanimously.

 

Dark Star Lighting’s application was discussed.  Conditions for approval for the next meeting are: a three year extension; trucks can no longer idle on Commerce Street, and they come back if truck traffic patterns don’t work; the dirt pile has to be flattened; and, the traffic study.

 

Paul Eddy’s conditions: GMP must set up electrical as according to plans; water runoff through a swale, and power line in swale.  Road association language should be in deed, “if any further development occurs then a road association will be necessary.

 

Clint Emmons left the meeting at this point.

 

Emmons’ conditions: Evidence that water runoff is currently a problem and applicant has promised to fix it and not aggravate it, and to come back to board if a problem.   Suitable conifer substitute for cedar.  Big maple trees - remove as necessary for driveway and house site, other than that the only reason to remove would be disease or decay.

 

Clint Emmons returned to the meeting at this time and George Munson and Howdy Russell left.

 

Greg Waples moved to approve the sketch plan for George and Karla Munson.  Clint Emmons seconded, and it was unanimously approved.

 

The meeting adjourned at 10:50 pm.

 

Respectfully submitted,

 

 

Sally Kimball, for Holly Russell, Recording Secretary