HINESBURG DEVELOPMENT REVIEW BOARD

MINUTES OF DECEMBER 21, 2004

Approved 1-18-05

 

 

Present:  Tom McGlenn, George Munson, Howdy Russell (left after Ayer review), Robert Gauthier, Greg Waples, and Clint Emmons.  Also Peter Erb, Zoning Administrator.

Member Absent:  Ted Bloomhardt.

Members of the Public:  Wayne Bissonette, Darlene Ruggles, David & Helen Nagel, John Kiedaisch, David & John Lyman, Sandy & Hank White, and Cindy Blumen.

 

 

1.  MINUTES   Howdy Russell made the motion to accept the minutes of the December 7, 2004 meeting.  This motion was seconded by George Munson and passed.

 

Prior to the review of projects, Tom McGlenn put on the board and explained the procedure that the DRB uses in reviewing applications at their meetings.

 

 

2.       AYER – CONTINUTED SKETCH PLAN   George Bedard was next on the agenda

with Raymond Ayer for the continued sketch plan review of the proposed Ayer 5-lot subdivision off the Gilman Road.  [Raymond recorded the meeting]  George B. explained that at the site visit to the property his had indicated where a 6th lot could be located and this evening he used a new plan with 6 residential lots on it.  This subdivision is to the east of the Gilman Road and to the west and south of Cedar Knoll Golf Course.

George Munson and Howdy Russell were the DRB members that had gone on the site visit with Peter Erb and George M. had submitted a list some of his observations of the property:  there is considerable ledge where the road is going to go that could require blasting, topography makes screening a concern, well sites were not discussed, there did not seem to be any wet lands in this area and select cutting would be good at the building envelopes.   Howdy then added there may have to be some blasting for the cellar holes too, there seems to be enough trees so with careful cutting visibility may not be an issue if small building envelopes.  Greg Waples had also made a site visit on his own.

George B. explained some of the issues brought up in the staff report:

a)     They will have a report from an engineer on the plans for erosion control and run-off in constructing the roadway and several of the members felt that an engineer should design the portion of the road within this subdivision,

b)     There will be road association and the owner of the golf course will own the land under this private road.  Their lawyer is working on language concerning and damages that may be caused by golf course activities.  There will also be legal language presented for the shared septic system on lot #1. The owner of lot #1 can only mow the area where this septic system is located and it cannot be used for a parking area.

c)      The building envelopes will be located on the next plan and due to the possible visibility of these houses; they will ensure that trees are saved.

d)     The utilities will be underground and may follow the road.

e)     The right-of-way to lots 5 & 6 continues to approximately 40 acres of land to the east that is not being utilized by the golf course that could be developed further in the future.  George B explained that there is a wet area and ledges here that could limit development.

f)        They have a letter from the Fish and Game Department that this area is not a deer yard.

g)     There will be a buffer between the private road and the #3 fairway.  There will also be signage for golfers crossing this roadway.

 

John Kiedaisch, a member of the audience, had several concerns about this project:  stormwater runoff affecting ground waters and also the LaPlatte River, these 6 houses affecting wells and the aquifer, this is a connector for the wildlife corridor, and how much development may occur in the future on the 40 acres.  Greg commented that he would like to see a master plan indicating future development.  George B said they could provide a larger map but do not want to spend a lot of money on this.

 

In summarizing the project, George M. felt that after visiting the property, it would be OK to develop here as it is tucked away from the Gilman Road, there is good water, and not prime ag soils; however it would be good to preserve the trees for screening.  Howdy brought up that the fire department may require a fire pond, and he strongly feels there should be engineered plans for sections of the road (it was explained that the Board may required engineered plans for all new roads), that the DRB should look doing a traffic study of the Gilman Road and requiring developers to help pay for this, and that the Ayers should perhaps work with a forester to ensure that these houses are screened.  Peter Erb suggested that it would be good to work on connecting pedestrian and recreational uses for the subdivision and the Gilman Road.

 

Tom McGlenn made the motion to direct staff to draft conditions of sketch plan approval to be acted on by the Board at their next meeting.  This motion was seconded by George Munson and passed unanimously.

 

*****  Howdy Russell left the meeting at this point   *****

 

 

 

3.       LYMAN – REVISE SITE PLAN   Tom Lyman had previously received a conditional

use permit from the DRB to construct and operate a woodworking shop at his property on the Shelburne Falls Road.  He has constructed a copula on the roof of this barn and after received notice from Peter Erb, he has now shielded this light so it is not as visible.  He is requesting approval now to leave the light on all night.

Tom explained that the light is only a 15-watt bulb and he would like the light on all night long for decorative purposes.  His brother John commented that this would be nice for the entrance into Town.  Tom had a list of comments from his neighbors who did not have a problem with the light being on all night.

 

Greg Waples made the motion to revise condition #3 of the Lyman conditional use permit granted on 11/18/03 to state:  the exterior light on the copula shall be maintained downward and shielded to prevent impacting the neighbors, have a 15 watt bulb and be on at the discretion of the owner.  This motion was seconded by George Munson and passed unanimously.

 

 

4.      NORRIS – SKETCH PLAN    Alan Norris was next on the agenda to request sketch

plan approval to construct two apartment houses on property that he and his wife Nancy own on Silver Street.  His engineer Dave Burke of O’Leary-Burke, Civil Associates, PLC was also present to explain the following aspects of this proposal:

a)     This project is a Planned Unit Development (PUD) in order for the owners to have the parking lot in front of the buildings rather than in the back as required by Section 3.4.5(5) of the Bylaw.  Davie Burke explained having these buildings with walkout basements could mean less encroachment on the class 2 wetlands on the back of the property.

b)     They plan to remove the remove the existing ranch house and construct a 4-plex and 5-plex building with two of the units being 3-bedroom and the rest having 2.

c)      They will also be seeking a conditional use permit for constructing within a flood hazard area.  They have a letter from Karl Jurentkuff stating that as long as the basements are 1 foot above the 327’ 100 year flood level it would be OK

d)     They plan on having 19 parking spaces and don’t feel that they will have any overflow parking that may have to use the parking lot across Silver Street at the elementary school.  Their lot will be paved (as required in the Village District) and there will not be any parking allowed on Silver Street.

 

Dave then addressed the memo prepared by Alex, the Town Planner, in regard to this project:

a)     They have not proposed a sidewalk along the west side of Silver Street to the village.  However, they would have a raised walkway across this road to the school.  They are also suggesting a “yield” sign at the intersection with Silver Street and Route 116.  Dave stated that there is 300’ of sight distance from the intersection to this proposed cross walk.

b)     They are willing to have a connecting path to the Devost property to the west that may be developed in the future.

c)      Their plan shows additional landscaping for screening of this parking lot and also for the properties to the north and south.

d)     They do not intend to light the parking lot and feel that the lights on the units will be sufficient.

e)     This project will be on Town water and sewer with a pump station between the two buildings that will pump the sewage into the Town line.  Dave stated that this pump will not be noisy.  If this pump is not working, there will be an alarm so that a plumber can be notified.

f)        They had submitted elevations of the fronts of these buildings and it was felt it would be good to also show the appearance of the back of the buildings.

g)     Dave has tried to change the locations of the buildings and to have this number of units it is not possible to fit them into this space and not have the parking lot located where it is shown on the plans.

 

There were several neighbors present, Hank & Sandy White and Cindy Bluman, who had very strong concerns about people, especially children, crossing Silver Street in this location.  As homeowners on this busy street they stated that traffic is very fast on this stretch of road and therefore any pedestrians would be in danger attempting to get across.  They also questioned where this proposed walkway will access the school property and the fact there is a steep ditch there.  There also needs to be a way for children to get from the walkway to either the parking lot or the school.

Cindy questioned what the plans are with the Select Board for the Silver Street and Route 116 intersection and the Board is not sure where that project stands at this time.  She also commented that last year the LaPlatte River flooded quite high and was concerned that the basements may be wet.

Darlene Ruggles, homeowner to the south, was also concerned about this runoff going onto her property, which is to the west of the Norris land.  Dave explained that her property is also a class 2 wetland and cannot be developed or used.  He also said that their southern run-off and that from the parking lot will go into the wetland on the Norris property.  She also commented that traffic onto Route 116 is now backed up every morning and these additional living units will add to this congestion.

 

 

Tom McGlenn made the motion to close the public discussion of the Norris sketch plan review and the Board discuss this proposal later in the meeting in order to render a decision.  This motion was seconded by George Munson and passed unanimously.

 

 

5.      BOVAT/KAUFMAN – CONDITIONAL USE PERMIT   Ron Bovat was next on the

agenda representing Mortimer Kaufman, owner of Sunset Lake Villa mobile home park, to request a conditional use permit.  This request is to replace a 12’ x 66’ home on lot #38 with a 14’ x 70’ home.

Peter Erb explained that the length does not seem to be a problem but the width will reduce the setback between the existing homes.  Under Section 5.20.2(3) of the Bylaw, the DRB shall not modify the mobile home lot line setback standards by more than 50%. Ron explained that the homes in this park are not on cement pads but as there is a power pole on the south side of this lot and also a wet area there it would make changing the position of the home a problem.

Greg Waples explained that the Board members are very cognizant of the fact that this park provides much-needed affordable living units for people but that as the units are replaced with wider homes, the amount of open space is reduced for the homeowners and their families.  At some time, the DRB is going to have to look at this aspect in reviewing requests for conditional use permits.

The Board members felt that they needed more accurate measurements and also the cost of moving the utility pole before they could make a decision.

 

Tom McGlenn made the motion to continue the public hearing for the Bovat/Kaufman appeal for a conditional use permit to the Board’s January 4, 2005 meeting.  This motion was seconded by Robert Gauthier and passed unanimously.

 

 

 

6.      BOARD DISCUSSION – NORRIS   After having closed the public discussion of the

Norris project, the Board members then discussed it among themselves.  It was felt the following issues warrant further information and/or need to be addressed by the applicants:

a)     The crosswalk to the school and some traffic calming methods for this dangerous situation.  How this crosswalk will then connect to the school

b)     Plans for a sidewalk on the west side of Silver Street to the village.

c)      Submitting some traffic counts for Silver Street, which the State may have done recently.

d)     The elevations of the back of the property.

 

The general consensus was that it is all right to have the parking lot in front of the buildings.  However, due to the complexity of the project, preliminary and final plat should not be combined.

 

Greg Waples made the motion to grant sketch plan approval for the Norris project and direct staff to draft conditions of approval.  Due to the scope of this project, the Board will not combine preliminary and final plat reviews.  This motion was seconded by George Munson and passed unanimously.

 

 

 

The meeting was adjourned at 10:30 p.m.

 

 

Respectfully submitted,

 

 

Holly Russell, Recording Secretary

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Respectfully submitted,

 

 

Holly Russell, Recording Secretary