TOWN OF HINESBURG

Special Multi-Board Meeting Minutes

Selectboard, Planning Commission, Development Review Board, Conservation Commission

September 21, 2005

Selectboard Members Present (all): Rob Bast (chairperson), Jon Trefry, Andrea Morgante, Randy Volk, Howard Russell.

Planning Commission Members Present (all): Jean Isham (chairperson), Fred Haulenbeek, Joe Iadanza, Carrie Fenn, George Bedard, Kay Ballard, Nancy Norris, Johanna White.

DRB Members Present: Tom McGlenn (chairperson), Ted Bloomhardt, George Munson, Clint Emmons, Lisa Godfrey, Joe Donegan.

Conservation Commission Members Present: Susan Mead (chairperson), Bill Marks, Rob Farley, David Hirth, Greg Meyer.

Also Present: Alex Weinhagen, Peter Erb, Jeanne Wilson, Al Barber, Lynn & Marie Gardner, David Lyman, Ann Brush, Karla Munson, Gay Regan, Rachel Smoker, Scott Shumway, Joe Bissonette, Wayne & Barbara Bissonette, Carol Jenkins, George Dameron, Paul Wieczoreck, Ellen Foster, Jerrilyn Miller, Gill Coates, Ted Godfrey, Rolf Kielman, Chuck Reiss.

The meeting began at approximately 7:35pm.

Commercial Zoning District Expansion Discussion:

To discuss Wayne Bissonette’s proposal to rezone an 8-acre portion of his property on the south side of Shelburne Falls Road (at Route 116 intersection, Ballard’s Corner) to commercial.

Rob Bast served as the meeting moderator and welcomed everyone to the meeting. He briefly explained why the Selectboard called this multi-board meeting, and then turned it over to Jon Trefry to explain the background. Jon explained that Wayne had met with the Selectboard recently to express his desire that a portion of his property on the corner of Shelburne Falls Road and Route 116 be re-zoned to allow commercial uses. Jon said that Wayne had come to the Selectboard because the Planning Commission was not ready to act on such a zoning change at this time, and Wayne wanted to know if the Selectboard would act on such a change more quickly. Jon explained that the Selectboard decided to call a multi-board meeting to emulate the process that was used when the Town acted quickly in 2002 to consider and eventually create a new industrial zoning district driven by the desire to keep NRG Systems in Hinesburg. He said the Selectboard wanted to open a dialogue with all the boards and see if there was a consensus on Wayne’s request. Jon said he wants municipal government to be responsive to citizen requests. He felt that any zoning change done via the normal process (led by the Planning Commission) will likely take another 1-1.5 years, but may take even more given all the regulatory topics on the Planning Commission’s horizon. He said that he expects the Planning Commission will be working for a long time to develop a comprehensive set of regulation changes on everything from village growth areas to rural area issues. He felt that increasing the area zoned for commercial at Ballard’s Corner made sense given previous planning efforts and community dialogue. He said zoning revisions for this area could be done separately and in advance of other regulation changes on which the Planning Commission is working.

Joe Donegan asked if Jon’s desire to see Wayne’s proposed zoning change go forward is the position of the Selectboard or just his individual position. Rob Bast said that this was just Jon’s position, but that the information Jon presented was helpful as background.

Jean Isham clarified that the Planning Commission is planning to break up the regulation revision process to make it more practical. She envisions village-growth related revisions to be discussed and developed ahead of most other changes, since the Commission identified this as a high priority and has already begun work with the help of a newly hired consultant. Joe Iadanza concurred with Jean that the timeline and progress for other regulatory changes (e.g., rural area revisions) will be different than that of the village area changes.

Sue Mead asked if the village growth project consultant had been given a time line. Alex Weinhagen (Director of Planning & Zoning) said that the contract with the consultant goes through April 2006, and that results from the project should be ready by May. He clarified that the village growth study will likely not result in polished regulation revisions that are ready for immediate public hearings and delivery to the Selectboard for action. Instead, this project is designed to engage the community in considering a range of possibilities for village growth, and the end result will be a set of regulatory options to help implement some or all of these possibilities. He said more time will be needed to formalize regulatory revisions, but that this project should get us a lot closer to this objective.

Sue also asked about the stream that borders the area Wayne has proposed, and whether this stream would limit development there. Peter Erb (Zoning Administrator) said that there is a 75’ setback for buildings and paved parking areas from the stream, but that this setback could be modified if the zoning regulations were being revised.

Bill Marks asked Jon Trefry for clarification on variance possibilities under the current zoning regulations and whether the proposed change would have any public benefit. Jon said he was unsure about variance possibilities, and that he felt the public would benefit simply by having more land available for commercial uses. Carrie Fenn said that her idea of mixed use development is of residential and commercial uses in close proximity (e.g., residential units on 2^nd floor of small-scale retail) rather than a block of pure commercial use. Kay Ballard said that the current development in the Ballard’s Corner area is mixed use with residential and commercial next to each other. Ted Bloomhardt said that connectivity of this area with land to the south is important, especially given the streams. He also said that variances are highly unlikely under the current zoning regulations for commercial uses in this part of the Agricultural zoning district. He said that “financial hardship” is not one of the criteria for granting variances.

Rolf Kielman asked if there was a proposed use for this area. Rob Bast explained that the Jiffy Mart owners are interested in relocating from their existing site at Ballard’s Corner. Rob said this potential use is really just a catalyst for the discussion, and should not be the focus since a commercial zoning district would likely allow a wide range of uses.

Peter Erb asked if this area is in the Town’s sewer service area. Rob Bast said it is not currently in the sewer service area, but is in an area envisioned for sewer service area expansion. He said the Town is planning an expansion of the municipal wastewater treatment facility since we are running low on capacity. Ted Bloomhardt asked if there is Town sewer and water capacity now to serve this area. Rob said there probably is for commercial uses. Rob Farley asked for clarification on how the water and sewer allocation would work for this area. Rob Bast explained the current process of annual allocations with percentages reserved for 3 different use categories (residential, commercial/industrial, institutional).

Joe Donegan asked what the pressing need was for this proposed change if the Planning Commission has already indicated that more time is needed to do village area planning. Rob Bast said that the Selectboard chose to hold a special meeting since the situation is similar to what happened with NRG. George Bedard said that Wayne has been asking for this change for a long time, and that Wayne simply wants the consideration of this change to happen at a faster pace. Howdy Russell clarified that the Town Plan does not call for expansion into this part of town. Instead, the Plan calls for further exploration of growth in this area and 2 others. He said the community has not made a decision yet on whether to increase development on the west side of Route 116. Secondly, Howdy said that the NRG example was very different from the Bissonette request. He said that the change to create the Industrial 5 zoning district involved a clear consensus from all the Town boards and a clear/specific idea of how the area would be used as laid out in the zoning regulations. Thirdly, Howdy said that regulations should be changed based on recommendations from and conformance with the Town Plan, rather than driven solely by requests from individuals.

Tom McGlenn explained how the NRG situation was handled and what the process was like. He clarified that in the NRG case, the zoning change was driven by those on the Town boards rather than the landowner or developer. He said he doesn’t think there’s a compelling need in this case since the proposed use for the new commercial area (Jiffy Mart) could simply redevelop and improve the site it currently occupies at Ballard’s Corner. Tom mentioned the recent demolition and reconstruction of a similar gas station on Kennedy Drive. He wondered why Jiffy Mart couldn’t do that in Hinesburg.

Ellen Foster felt that a big gas station is not an attractive use for the entry to the village area. Gay Regan said that aesthetics are important to her, and that she doesn’t feel that a gas station is a good idea on its own without a comprehensive plan for this very open area. She said that 1 reason the large NRG facility fits in so nicely is that it took advantage of the hillside to blend in and be framed by the landscape. She said that the area now in question is entirely flat and it will be difficult to account for the aesthetics without a plan for how it will all fit together. Susan Mead echoed Gay’s comments, and said that the Town should take into account the proximity of the Town Library and Geprag’s Park, which will likely see more use as paths are built and the population increases. She said a comprehensive plan is needed to account for these community resources.

Joe Iadanza said that during the Town Plan revision process, many community members expressed a clear desire to have more input into the process of growth center expansion before any regulation revisions were crafted. Paul Wieczoreck said he wants more information on the whole West Side expansion area and study. Alex said there really isn’t a plan right now as the village growth project is just beginning. No expansion area limits have been set, and no decisions have been made. Only preliminary and limited research has been done to date on this area (e.g., West Side Road Feasibility Study). Paul thought there is too much emphasis on expansion in this west side area, to the exclusion of considering more growth within the existing village core.

Lisa Godfrey thought it is a bad idea to make zoning district changes without a comprehensive plan for the area. She wondered if natural resources, and especially water resources, are being considered in this process. She is concerned about the possible impacts to the adjacent streams and water quality. Wayne Bissonette said that 1 reason to relocate the Jiffy Mart is that its current location is right next to a stream.

Chuck Reiss said the Town should consider the public benefit, and he doesn’t see any here, so he feels this change is premature. Joe Donegan echoed Chuck’s comment and said further that the DRB really benefits when a master plan is in place because it allows a smoother review process and enables everyone to see how a proposal fits in with the larger area.

Tom McGlenn said that there are commercial lots available right now – e.g., north of Mobil Station along Route 116, and in Commerce Park. Given this, he doesn’t see the need to rush into creating more commercial areas outside of the normal planning process. Rob Farley wondered what kind of development is coming our way, and what the Planning Commission expecting. He would like to see local job opportunities rather than an even greater transformation into simply a bedroom community of commuters. Marie Gardner said that the Town needs to plan faster because residential development is coming very quickly, and we could lose commercial possibilities. She used the Creekside development north of the Cheese Factory as an example of a place where commercial uses would have been preferable to her, but where residential uses went in. She felt there should be more area for commercial uses.

Peter Erb said the Town has a unique opportunity to do a comprehensive plan for the entire area, and allowing piecemeal development via this rezoning is not a good way to accomplish this. Rolf Kielman apologized for being indelicate, but felt that the Selectboard has a role to play in accelerating the planning process. He said these efforts do take time, and the Selectboard shouldn’t spend time and energy on proposals that don’t have a clear public benefit. He said there is not an urgent need for the proposed change. He felt we could easily improve and build on existing areas in the existing core of the village. He felt the existing village area has a lot of inefficient, poorly planned development, and that there is vast potential to increase commercial space and expand in the core.

Kay Ballard said that since this area is currently zoned for agricultural uses, we could end up having an active farm with a manure pit as the entry to the village. She felt the proposed change was an opportunity to bring business and commerce to the Town in a way that will fit with the Town Plan. Carrie Fenn indicated that the Planning Commission could easily have been 4 months further into this village planning process if the Selectboard hadn’t sat on the draft Town Plan for 6 months.

George Dameron said time should be allotted to develop a comprehensive plan for this area, and that this is important in part because we need a better understanding of the current and future traffic issues. Ellen Foster said that when a landowner buys a piece of property in a given zoning district, that landowner shouldn’t expect the Town to change the zoning simply to increase the landowner’s profit margin from a future sale.

Fred Haulenbeek would like to develop a comprehensive plan for this area, but would also like to have a small government that is responsive to its citizens. He said there are many practical details that need to be worked out before moving forward. He would like the future development of this area to pay the bulk of the necessary infrastructure costs, and he doesn’t see how this can happen if the development is done piecemeal. He said stormwater issues are critical and he would like this aspect figured out ahead of the development to some degree so that the development can contribute toward the costs. He wants the necessary infrastructure better understood for this possible expansion area so that development can happen in an organized fashion and so that everyone (landowners, developers, community, etc.) knows what to expect. He reiterated that there are a lot of practical details that still need to be worked out.

Scott Shumway said that this village gateway area is a very important area. He thinks it would be poor planning to treat this area separately. He also felt that if the Town did this, then other landowners within the greater village area would also have to get the same treatment if they too requested zoning changes ahead of any comprehensive planning. Joe Donegan said that the Town has a real opportunity here with only 2 primary landowners in the West Side area, and that the Town will be able to move quickly as we go forward because of that.

David Lyman said that agricultural just isn’t viable in Chittenden County any more, and that it is hard to pay taxes while simply sitting on agricultural land. He said he understands why the Bissonettes want to see a zoning change. He also reminded people sensitive to the village gateway that the current gateway just south of Commerce Street is currently in bad shape. He said that not even the Town owned land in this gateway is very aesthetically pleasing.

Nancy Norris agreed with Fred’s desire to know more about the necessary infrastructure, but felt that this area is a perfect match for commercial uses given the location and the current uses in the existing Ballard’s Corner commercial district.

Rachel Smoker said that a new gas station is just about the opposite of the NRG facility in terms of its impact on the community and redeeming qualities. She felt another gas station would only emphasize that we’re planning for cars instead of people. She felt this use would be inappropriate for the proposed area, even if this area is eventually zoned for commercial uses.

Marie Gardner apologized to David Lyman, and said that her earlier comments weren’t meant to be a criticism of the Creekside development that is being built on his property. She said that she simply thinks more area for commercial use is needed. Lynn Gardner asked Wayne what his plan would be if this area was not re-zoned in the short term. Wayne Bissonette said that he has some alternative plans that include some agricultural use and some limited residential use. Rob Bast emphasized the sense of urgency given that something is likely going to happen with this property in the short term. Paul Wieczoreck asked if the Town has ever thought of purchasing the land from the Bissonettes. Andrea said that the Town did consider buying some of this land about 10 years ago, but at that time it was tied to a vote to build a new middle school, and the overall bond (for land and school) failed.

Lisa Godfrey suggested that the Town work with the Bissonettes during the planning process so that everyone can benefit. Joe Bissonette said that if the area is rezoned to commercial, no one can be 100% certain that it will be the Jiffy Mart owners that eventually purchase and develop the property. Marie Gardner said that gas stations do pay a lot of money for prime real estate.

Alex Weinhagen said that the Planning Commission does work relatively quickly. He said that prior to the creation of the DRB early in 2002, the Planning Commission really didn’t have the time and resources to do long term planning with any speed. Prior to the DRB, the Planning Commission spent much of its time doing development review, specifically subdivisions and site plan review for businesses. Since 2002 the Commission has been devoted solely to planning, and has accomplished quite a lot, including a comprehensive revision of the Town Plan (with extensive community outreach/input) as well as 3 separate regulation revisions – e.g., creation of a new Industrial zoning district (I-5 district, NRG effort), major “housekeeping” changes to account for DRB creation, expansion of the Industrial 2 zoning district (to aid Iroquois Manufacturing’s expansion), technical regulation revisions to comply with new State Statute (Chapter 117 revisions). Alex also said that planning takes time because it requires community feedback and includes ongoing efforts to educate community members and bring them on board with any changes and new directions (especially major ones).

Jon Trefry said that he was happy to hear that the village growth project is moving forward with a timeframe. He was also happy to hear that the Planning Commission plans to break up the next round of regulation revisions so that village-related changes might be finalized and presented to the Selectboard more quickly. He encouraged the Planning Commission to work with the Bissonette family as the village growth project proceeds.

Jean Isham commented that the Planning Commission really couldn’t have moved forward any faster with changes to the zoning districts in the greater village area because the previous Town Plan didn’t authorize this. She said that with the new Town Plan in place (adopted June 13, 2005), the Planning Commission is now moving forward to plan, garner community feedback, and address any necessary regulation revisions.

Jon Trefry noted that the map distributed by Alex appears to be incorrect as to the area Wayne is actually looking to have re-zoned. Wayne clarified that the map is correct as he originally asked for approximately 17 acres to be re-zoned commercial, but changed this to just the 8 acres on the corner since he was willing to wait for the planning process to conclude for the remaining area.

Rob Bast thanked everyone for coming and sharing their thoughts.

The meeting adjourned at approximately 9:25pm.

Respectfully Submitted,

Alex Weinhagen, Director of Planning & Zoning