HINESBURG DEVELOPMENT REVIEW BOARD
MINUTES OF JANUARY 4, 2005
Approved 2/02/2005
Members present: George Munson, Tom McGlenn, Greg Waples, Robert Gauthier, Clint Emmons, Howdy Russell, and Ted Bloomhardt.
Staff member: Peter Erb
Members of the Audience: Patrick Coulambe, Peggy Jones, Ron Bovat, Don Moore, George Bedard, Raymond Ayer, Kathleen MacMahon, Hilde and Alan Caswell, Pamela Pratt, Betty Wright, Sheldon Beebe, Mildred Barry, Jared Stolper, Alan Brace and Scott Brace.
1. MINUTES
December 21, 2004 motion made to approve. Howdy Russell and Ted Bloomhardt request to postpone until 1/18/05 to have the ability to read through the minutes and be able to comment at that time.
2. RON BOVAT
Sunset Villa. A warned public hearing.
Peter met with Ron Bovat at Sunset Villa site to measure and determine possible trailer location.
The new and wider trailer could in fact be placed at the same location as the old trailer with the adjustment of moving the new trailer 15 feet back. It does not appear that the power pole needs to be moved.
There is a concern of increasing density of the park itself. The owner has the ability to reconstruct the usable areas for a safer and larger future mobile home park configuration.
The park owners need to address the issue in the future.
They will try to work with the DRB in looking at all the options so that future stacking of sites does not become a problem.
Motion made to wait for the drafting of language in the order.
Ted Bloomhardt motions to close.
Clint Emmons second that motion.
(Approved)
3. HANNAH ROBERT
Conditional Use Permit Minutes of the Robert Appeal were taken by Holly Russell.
Hannah Robert was next on the agenda to request a conditional use permit to have an art studio in a detached garage at her property on the North side of Swamp Road. Hannah explained the following aspects of this project:
a) She currently has a personal studio in this garage and uses approximately 400 feet of the space in this two-car structure. It was explained that such a home
occupation could use 600 square feet of a detached building.
b) The plan is to have two art classes for children after school. They would be dropped off from the school bus and picked up by parents.
c) There may be 1 or 2 other teachers for these classes depending on the nature of the class.
d) There would not be any hazardous waste from these classes.
e) There would also not be noise generated by these classes as they would not be woodworking or metal work.
f) Adults may use this space for personal art or crafts projects on a very limited basis.
g) There is a sensor light on the end of the garage and one at the door.
h) There is a turn-around area for cars and it was suggested that there be a specific pick-up area for children to ensure the safety of them.
i) The hours of operation would be from 3:00pm to 5:00pm, with the studio being open for adults in the morning.
k) A neighbor had requested that due to the number of children on Swamp Road. AChildren Playing@ signs be put up on the town road. However the board did not feel this issue was a part of the review of this request.
l) Hannah’s intent is to move this studio eventually to a more central location in the Village.
m) The number of round trips per day would not exceed the 15 allowed in the Zoning Bylaws.
The board felt they would like to see more detailed interior plans designating the space to be used for this home occupation at the next meeting. Therefore, Greg Waples made the motion to continue this public hearing to the Board’s January 18th meeting at 7:30pm in the Town Hall. In addition, the staff was directed to draft conditions of approval to be acted on at this next meeting.
This motion was seconded by Ted Bloomhardt and passed unanimously.
4. PAMELA PRATT
Appeals the zoning permit for Jared and David Stolper.
Neighbors of the Lake Iroquois project being constructed by Stolper, attended to appeal the permit for Mr. Stolper’s boathouse project. Claiming that property destruction, location and size of project larger than original plan that was proposed. They are upset at the devastation to the forest area and are concerned about the possible damage to their own homes as result of potential mudslides, fallen trees and erosion.
There is a request that the property be surveyed for accuracy of property lines.
Ted Bloomhardt explained it is an allowed use in this zone. There is an issue on what the boathouse provision states. What constitutes a boathouse or is it a boathouse with possible living situation on second floor. Thus being a bunkhouse.
Use of the upstairs as any type of living space would not be permitted.
The 4 feet of shoreline from boathouse to water only allows for a boathouse and storage.
The 600-sq. ft. of space is also an issue. Original permit was for 360-sq. ft. now boathouse is over 600 sq.ft.
Mr. Stolper came back in November for a new permit request.
Work on the project has ceased at this time.
Neighbors expressed concern regarding erosion due to the excavation.
Mr. Stolper claims he has tried to take care of the erosion issue by using fill, hay and hay bales until such a time as he can finish the landscaping. He feels that when finished the property will be a true asset to the shoreline and Lake Community.
Neighbors were concerned about the height of the boathouse.
In reviewing the original permit the height of the building has not changed. The original diagram was a hand drawn rectangle with the dimensions. The second permit application contains an architectural drawing of the dimensions and appearance of the boathouse.
Surrounding landowners disputed the property lines and boundaries. When purchased back in the 20’s and 30’s the boundaries were vague. New surveys have been done in certain areas by some camp owners but none close to this site. Deed to Mr. Stolper’s property is a vague rectangle with 100 feet or so of shoreline by 200 feet.
Exact boundary lines are an issue as it could over turn the permit. It is a technical issue of property lines, square footage and the deck/ landing of boathouse.
To determine the application of the boathouse a survey has to be done.
Who should pay for the survey?
This survey could effect the neighbor’s assumed boundary lines as well and it was recommended that all of them might be well served by participating in financing the survey.
George Bedard stated that the closest survey done recently was on the Fish property to the North. Markers are set. Further evidence indicated that the Moore property was the closest surveyed lot.
A Survey may not be able to be done until spring.
Recommendation for Mr. Stolper to do a survey of his own and unless another survey is done by another party to contest his findings, his survey will stand.
Suggested site visit planned for 1/8/05 for DRB to look at boathouse and property.
Motion to continue hearing on 3/1/05.
Greg Waples seconds this motion.
Passed unanimously.
5. JARED & DAVID STOLPER
Permit request to replace present camp.
Mr. Stolper has stated that he has tried to oblige the option of reconstructing the camp but the recommendation from a consultant has been to tear it down and rebuild.
Mr. Stolper has considered plans to fix the current problems with the structure of the house such as:
a) Raising the house and reconstructing the foundation.
They have done some temporary fix it work.
a) Bracing against some nearby trees to address the leaning of the house to the North.
b) The chimney has been removed as this was pushing against the house.
These options have stabilized the house a bit but further work needs to be done.
The request is to rebuild the structure.
Camp was originally built in 1928 on cedar posts. These posts and the surrounding foundation are crumbling and falling apart.
The footprint will stay the same, occupation of residence to stay the same.
Mr. Stolper would like a solid foundation. A frost wall is being considered.
Current camp is one story with one bath and a screened in porch area.
New house will be constructed with:
a) Two stories. One bed room upstairs with screen porch over first story porch.
b) Two bedrooms on first floor with bathroom and kitchen area. Screened porch area, as well.
c) Bath will have shower, sink and toilet. One sink in kitchen and no other water appliances (dishwasher or laundry).
A question of concern regarding the septic.
It is in the SW corner of the property, Mr. Stolper believes but is not positive. It has never been surveyed. Lister at the town states it is a septic system.
Mr. Stolper is uncertain as to when it was constructed.
With a newer camp, there is the possibility of more occupation and longer visits that would perhaps put the septic to more use. This is a concern.
The board would like to have more information regarding the septic system and capacity.
Concern in the height of the structure. Old house stand 14’ (?) roughly and new house would stand 23’ roughly. 8-9 feet higher.
There is a concern that the character of the house should match surrounding camps.
Members of the Audience posed questions of:
a) The disposal of the old camp.
b) The construction noise during the summer months. These are seasonal homes and are used primarily in the summer. Neighbors do not want to have to contend with the noise.
c) The run off and erosion that may occur due to the excavation
Mr. Stolper has assured that the landscaping when completed will take care of all of these concerns.
Entrance to the new house would be through the attached shed at the back of the house. This would require excavation and steps leading down into the shed. Perhaps moving the entrance to its original location as it stands now on the old house so that the excavation is limited and the grade is not disturbed.
A recommended site visit. The project looks small but it is extensive.
Member of the Audience states that before any heavy equipment is to be transported to the site the road should be firm. For instance, not to move equipment during mud season.
Mr. Stolper is willing to fix the road if damage occurs.
Site visit is planned of 1/8/05. Mr. Stolper and the neighbors are encouraged to come.
Tom McGlenn. Moves to continue 2/1/05
George Munson seconds this motion.
Passed unanimously.
5. RAYMOND AYER with George Bedard
Continuation of project on the Cedar Knolls Golf Course.
Peter Erb states that there is no deer yard issue. He received an email from the Fish and Game office.
George Bedard comments on the pedestrian easement along Gilman Road if there is a pedestrian issue as to whether there is enough room for walkers and such a debate of accommodations to be discussed will be made. However, through the proposed neighborhood itself there will not be public access. This is for the residents only and so a pedestrian access will not be necessary.
15% is the road grade standard. The roads are going to be below the max grade. Preserving vegetation to soften the impact of the views. This will be shown in the preliminaries.
A question of the public access on interior roads.
George Bedard states that pedestrian access along Gilman Rd. is a valid town concern but inviting the public into the interior of this development is problematic due to safety concerns with the golf course. The neighborhood should be for the residence only.
The access along Gilman Rd. should be for walking, hiking, etc. Also if the town does a road study to find out the impact and have the cost wrapped into the sale of the lots. A public easement should be granted to allow public access now or in the future. Not into the private neighborhood.
George Bedard states that to ask a potential buyer of these homes to set aside monies for a road capacity study that either may or may not be used and no time frame of use of these funds will make a sale of these homes difficult.
Decision to reconsider at preliminaries.
Greg Waples would like move the last sentence of order #2 to the end of paragraph 6.
Tom McGlenn moves to close.
Greg Waples motions to approve.
Clint Emmons seconds this motion.
Passed unanimously.
6. NORRIS Sketch plan.
The pedestrian crossing/ sidewalk should not lapse. Not contingent upon short term or a fixed term. This should be a perpetual obligation.
A concern for traffic safety of cars entering and leaving the driveway really needs to be addressed.
Peter Erb spoke with Jeanne and there is word of state monies coming to make changes on Rte. 116 at the interaction of concern (Silver St. and Rte. 116).
Greg Waples moves to approve with pedestrian concerns still needing to be addressed.
Clint Emmons seconds this motion.
(Howdy Russell left)
Passed 6 yeas, 1 absention.
7. LYMAN
Conditional use & site plan approval.
Tom McGlenn moves to approve.
George Munson seconds this motion.
Approval unanimous.
The meeting was adjourned at 11:05 pm.
Respectfully submitted,
Hannah B. Robert
Recording Secretary