HINESBURG DEVELOPMENT REVIEW BOARD

MINUTES OF OCTOBER 19, 2004

Approved 11/02/04

 

 

Present:  Tom McGlenn, Ted Bloomhardt, Clint Emmons, Greg Waples, Robert Gauthier, and Howdy Russell.  Also Peter Erb, Zoning Administrator.

Member Absent:  George Munson.

 

 

1.    MINUTES   Howdy Russell made the motion to accept the minutes of October 5, 2004 as corrected.  This motion was seconded by Greg Waples and passed.

 

 

2.      HODGKIN – FINAL PLAT   This was a continued public hearing for final plat

review of a proposal by Vivian Hodgkin to subdivide her property into two lots.   Vivian explained that she did not have any further information to submit and therefore Tom McGlenn made the motion to close the public hearing for the Hodgkin final plat review and this motion was seconded by Howdy Russell and passed.

 

Greg Waples then made the motion to grant Vivian Hodgkin final plat approval to create one new lot from her property on Silver Street.  This motion was seconded by Howdy Russell and passed unanimously.

 

 

3.      BISSONETTE – SKETCH PLAN   Nick Nowlan explained the newest sketch plan

proposal for the Wayne and Barbara Bissonette property on the west side of the Gilman Road.  This project now consists of 6 lots, five of which will be residential and the 6th the remainder of the Bissonette property in this location.  The subdivision is not proposed to be a Planned Residential Development.  Nick explained the following aspects of the plan and Wayne answered question also:

 

a)     Greg Waples stated that this is the first large farm in Hinesburg that has actually supplied the Board with plans of a Master Plan showing future development.

b)     The existing private road now serving 3 houses will access these 5 new houses.

c)      The deep ravine to the west will not be included within these residential lots.

d)     They have submitted a report on the deer yard and this issue will be addressed at the time of their Act 250 review.

e)     The Bissonettes have met with the 3 property owners that currently use this road and they do not have a homeowners association for the maintenance of their road.  They will be given the opportunity to join the new association that will be formed.

f)        They could or should enlarge the proposed rather small building envelopes in order to include accessory structures.

g)     Carol Palmer, one of the three landowners, explained that their understanding with Wayne was that these five new houses would use their road and there would not be further development using it.  Tanya Jones agreed with this explanation.  Nick explained that Wayne is keeping a 50’ wide easement to his western land for farming and logging access.  If there is any further development it will have to receive further DRB approval.

h)      John Kiedaesch questioned whether the Fish and Game Department, landowners to the south of lot #6 had been notified and whether they would be involved in this process.  It was agreed that they should be sent all correspondence.

i)        Gay Regan commented that the Board should consider, in reviewing development in this part of Hinesburg, the vision of the Town Plan.  It was explained that although this farm is in the Agricultural District there are many other uses permitted in this area of Town as this district includes everything in Hinesburg west of Route 116.  The Town has approved this area of town for 2-acre lot size and this would have to be changed by the Planning Commission and Select Board.

j)        It was noted for the record that the Board had received for the file a second e-mail from neighbors expressing their concerns with this project and development occurring in the Gilman Road vicinity.  Wayne and Barbara had also submitted a letter explaining the history of their farm and their ideas about and reasons for developing this small section of their farm.

 

Greg Waples made the motion to direct staff to draft conditions for sketch plan approval and continue the Bissonette sketch plan discussion to the Board’s November 2nd meeting.  This motion was seconded by Ted Bloomhardt and passed unanimously.

 

 

4.      CARLSON – PRELIMINARY PLAT   Roger Kohn was present with Lisa and Steve

Carlson to explain and answer questions (including issues from Peter Erb’s memo to the Board) on the Carlson’s preliminary plat proposal to create one new lot from their property on the Upper Access Road. 

a)     If a 50’ right-of-way is established to this new lot and 200 feet into it, the existing Carlson house will not meet the front-yard setback of 60’.  Therefore in that location the right-of-way will have to be narrower.

b)     The Board also determined that this 50’ wide right-of-way should extend all the way to the Carlson camp and shall be 50’ wide wherever it does not conflict with any other existing easements or rights-of-way.

c)      In answer to a question of how a 18’ wide road can be located within an 18’wide right-of-way, Roger explained there would be language to allow for snow removal and other maintenance.

d)     The plans still need to address the issue of overlapping easements with the septic area and parking area.

e)     In the proposed Road Association any homeowners would pay an equal amount for maintenance and not a proportionate rate.

f)        The issue of the well-shield on an adjacent property will also be addressed at final plat.  The applicants shall submit at final plat evidence that the intrusion on the neighboring property will not adversely affect the use and enjoyment of that property.

g)     There may be a requirement for a landscaping plan to provide screening due to the amount of cutting that may occur with house, parking, utility lines, and septic installation.

h)      At final plat review, any discrepancies in the location of existing septic systems and easements will have to be resolved.

 

Ted Bloomhardt made the motion to grant preliminary plat approval with conditions to Steve and Lisa Carlson to create one new lot from their property on the Upper Access Road.    This motion was seconded by Greg Waples and passed unanimously.

 

 

5.      WORKSESSION   The members then discussed the following items:

·        Peter Erb explained that the location of the utility line for the Paul Eddy subdivision on the Charlotte Road has been changed and as per the conditions of his approval the Board will have to approve this change.  It was agreed that it would be necessary to conduct a second public hearing.

·        Greg Waples had done some research on recording minutes and also “On the Record Review” as allowed under State Statute, which would be a method approved by the Select Board.  This would allow any appeals to the Environmental Court to no longer be du novo but include the official decisions of the DRB.  However, this process also has limitations and problems.

·        Alex suggested to the Board that the Town hire Mike Munson to do some research and report back to the Board on procedures and staff assistance used by other DRB’s to help with the evaluation of Hinesburg’s.  Mike will meet with the Board members at the December 7th meeting in order to prepare something for the Select Board in regard to the proposed budget.

·        Greg also found that the Board is conducting deliberative session within the existing law.   However, it would be helpful for the applicants to receive draft conditions of approval in time to be able to respond by the meeting at which they will be considered.

 

 

The meeting was adjourned at 10:15 p.m.

 

 

 

Respectfully submitted,

 

 

Holly Russell

Recording Secretary