TOWN OF HINESBURG

DEVELOPMENT REVIEW BOARD MINUTES

 

September 4, 2007
Approved September 18th, 2007

 

 

DRB Members Present:  Ted Bloomhardt, Lisa Godfrey, Dennis Place, Zoë Wainer, Greg Waples, Joe Donegan.

 

DRB Members Absent:  Tom McGlenn, George Munson.

 

Also Present:  Alex Weinhagen (Director of Zoning and Planning), Peter Erb (Zoning Administrator), Karen Cornish (Recording Secretary), Scott O’Neil, David Newton, Lesley Morrissey, Matthew Laberge, Judith Laberge, Brock Francis, Dick Francis, Brent Francis, Debbie Gianelli, Ben Hunt, Ruth DeFreest, Dawn Francis, George Bedard, Tom Lyman.

 

The meeting began at approximately 7:35 p.m.

 

Minutes of the August 21, 2007 Meeting:

Greg MOVED to approve the August 21, 2007 meeting minutes as amended.  Zoë SECONDED the motion.  The motion PASSED 5 – 0, with Joe abstaining.

 

2-Lot Subdivision Final Plat Review – Corner of Richmond and Swamp Roads – Applicant/Landowner: Leslie Morrissey
** continued from the August 21st meeting

The draft decision was discussed.  The group agreed to delete Finding #8 and Conclusion #1.  Ted MOVED to close the public hearing.  Greg SECONDED the motion.  The motion PASSED 6-0.  Zoë MOVED to approve the draft decision as amended (approval).  Greg SECONDED the motion.  The motion PASSED 6-0. 

 

Dennis recused himself from the Board at this time. 

 

2-Lot Subdivision/PRD Preliminary and Final Plat Review – Place Road West – Applicants/Landowners: Dennis and Jody Place
George Bedard spoke on behalf of the Place family.  He explained this was a 2-lot subdivision involving the deletion of lot lines but with NO new lots created.  He said the area around the existing house is being reduced to 1.11 acres (Lot 1) and the remainder is being combined with two other parcels to create a 38.5 acre lot (Lot 2).  He said a protected area approximately 2.5 acres (High Rock Protection Area), contained within Lot 2, would be created near the Geprags parcel.  George said a replacement septic area for Lot 1 has been sited in the southwest corner with appropriate easements and access for construction.

Ted asked if Lot 1 could be created with only 1.11 acres.  George said yes as it is served by town water and septic and Alex confirmed.  Ted asked how the High Rock area was protected.  George said by condition of approval and also that language would appear in any new deed.  George confirmed it was 25% of the original lot being modified.  Alex said the area mirrors the cliff area and is also a bit upslope on top.  Alex said he would modify Order #3 to read “When deed language…” not “If”.  Greg asked about the trail easement change.  George said the applicant currently allows neighbors through Lot 2 and did not want to set up a privilege that was different for Lot 1.  Greg agreed there was no need for a trail easement on Lot 2.

 

Zoë MOVED to close public hearing and approve the draft decision as amended (approval).  Joe SECONDED the motion.  The motion PASSED 5-0.

 

At 7:50 p.m. Dennis rejoined the Board, and Joe Donegan left the Board.

 

2-Lot Subdivision Final Plat – Hayden Hill Road – Applicant: Francis Family

Dick Francis reviewed proposed changes on the sketch plan.  He said a corridor connecting Francis Family land (Lot 3) through Lots 2 and 4 measured about 97.5 feet.  He proposed to modify Lot 4 slightly to meet the planned 100-foot measurement.  He explained that Lot 3 surrounds both Lots 2 and 4, with Lot 1 as the homestead.  Greg noted Lot 4 would then have an irregular shape.  Dick explained the 100-foot width is to gain access to the back of the Lot 3.

 

Dick said the house site has been rotated to make better use of terrain and soil; the house would now come west into the field about 10 feet.  He said there was a ledge outcrop for future outbuilding site(s) and that the lower part of lot could be for farm buildings.  Peter said Order #10 states the actual residential structure must stay in the vicinity of the proposed structure; Dick agreed.  Ted confirmed that only one new lot was being created.  Conclusion #1 regarding the deer year was discussed.  Brent said the state mapped this area in the 70’s and explained the proposed lot sits in an area considered to be bordering the deer yard.  He said there is a natural barrier at the back of the lot created by a steep ledge.

 

Conclusion #2 regarding stormwater engineering plans was discussed.  Dick said 25-year water studies were done.  Lisa said she was concerned about the potential speed, not the amount, run-off water in this area.  She said this area is prone to erosion with sediment deposited down below.  Dick said engineering plans called predominately for a wide grass swale.  He felt the type of material in the area is not highly prone to erosion.  He said stone is hard to maintain while a grass swale easy to maintain and better integrated within an agricultural rural setting.

 

Greg felt the DRB could accept the proposed plan but that there should be a performance standard written into the order.  Brent said water from other properties feeds into the stream at the road.  Lisa felt run-off issues could be tracked.  Dick felt the amount of run-off water would not be greater.  To address speed (concentration) concerns they are putting in another culvert to let water down in the field to the west side of the drive, for a total of 3 areas where the water is able to spread out and slow down.  Lisa explained the DRB’s approach was to require an applicant to fix a run-off issue should their plans not work.  Dick said that was understandable and that they would want to fix any problem as well.

 

Brent asked that the decision wording not be ambiguous.  He asked what baselines would be used in addressing an issue and who would determine whether stormwater measures were not working.  Greg said the DRB determines in a first instance as an enforcement board if there is a problem.  Lisa felt the main problem was with the Hayden Hill Road crossing.  She did not feel it has been extensively studied.  She is concerned about the slopes on the road and the cutting across a hillside, and felt there could be potential for some erosion.  Lisa said the concern was that sediment is accumulating near the road coming from up above.  Dick said the road crews have found gravel in that area that came from the road itself, not the silt type.  Dick said the majority of sediment is gathering on their side of the road, because it has no where to go on the other side.  Lisa said she was aware of issues in the area but that she was just being cautious.  Brent was concerned he would be the only landowner with language in his deed concerning the issues; he reiterated his question of who would determine a problem and in comparison to what baseline starting point.  Ted said any problem must be identified as a problem from an individual’s property; that individual would be asked to fix that problem only.  He said the DRB would not ask an applicant to fix someone else’s problem.  Greg said this was not the first time the Board has seen the issue and this application is not being singled out with any unusual conditions.

 

Conclusion #6 was discussed; Peter elaborated on the Fire Department’s memo regarding service over grades in excess of 10%.  He said their notice has come late into this process and felt it should not be included in the deed.  Order #9 was discussed; Alex suggested changing the sentence to add “…hydraulic hammers or blasting”.

 

Brent asked about Order #6.  He explained they wished to take advantage of solar gain on the front of the house which faces south.  Dick said traveling up Hayden Hill Road, you can see only those trees growing close to the road which screen the building area up above, until you get to just above the Lot 1 driveway entrance.  At that point there is a 15 to 20-foot opening where a house could be visible.  He described trees already in place, felt pines there would grow quicker than the new trees being requested.  The group agreed to strike Order #6.

 

Ted MOVED to close the public hearing and approve the draft decision (approval).  Greg SECONDED the motion.  The motion PASSED 5-0.

 

7-Lot, 6-Unit Subdivision – Final Plat Approval – Magee Hill Road – Applicant:  Deborah Gianelli

Greg Bombardier and Adam Beaudry of Champlain Consulting Engineers spoke on behalf of the applicant.  Greg said a 29.3 acre lot will be subdivided into 6 residential lots, with a 7th common area lot.  Lot #7 contains a community wastewater disposal system as well as a detention pond.  A gravel road will run through the subdivision; each lot will have an individual drilled well.

 

He reviewed a change in an easement location; a 50-foot easement to Ben Hunt’s property was now located between Lots 1 and 6.  This change spreads home sites out but does not split the two end sites as previously proposed.  He said most house lots are private, with hedge rows providing screening.  Lisa asked if the easement cut through hedgerow.  Greg B. said 35 feet of the easement is to side of hedgerow; 15 feet cuts through.  The easement will allow access to one single family home with a maximum of a 20 foot wide driveway.  Peter reminded the board of a desire for interconnections between subdivisions, stating he had hoped for pedestrian access from this subdivision to another possible subdivision on the Hunt property.  Greg B. confirmed the easement was for access to Ben’s property only.  Alex confirmed it was not a trail or agricultural easement, only an access. 

 

The potential cutting of the hedge row was discussed; it was agreed language could be added to the access deed to prevent that.  The group discussed adding language forbidding the cutting of hedgerows (anywhere in the development). Greg B. said the legal document governing this development will exclude cutting of the hedgerows.  He said there will be an association, and maintenance and cutting issues can be discussed there in an association’s document.  Ted felt the public hearing should be kept open to give the applicant time to update documents so that those amendments can be pulled into the DRB Order.  The group talked about how all documents would be updated and how the DRB decision would reference the others.

 

Alex summarized issues requiring language updates:

- Easement language regarding Lot 6 and access to Hunt property modified

- Hedgerow protection, referencing the existing hedgerow as shown on the plan

- Pulling certain items in from the Association document

 

Stormwater language was discussed.  Adam described stormwater project requirements, noting a permit would be required by the state.  Hedgerows were discussed again; Debbie Gianelli said most contain stonewalls as well as trees and bushes. 

 

Ted MOVED to keep the public hearing open to receive documents.  Greg SECONDED the motion.  The motion PASSED 5-0.

 

Conditional Use – Expansion of a Non-Complying Structure (Deck Addition) – Bent Creek Road – Applicant: Ruth DeFreest

 

Ruth DeFreest said she would like to build a deck in back of her house.  She described the shape and flow of Bent Creek: it was curvy, runs parallel with North Road, then curves around her property, then heads towards Hayden Hill Road West.  She said she wanted to add an open deck coming off the existing covered porch.  Peter explained the house is a non-complying structure because of a previous error made by a different ZA.  He said the deck has been designed so that it makes the house no closer than the existing distance of house to stream.  Ruth described the topography as being flat and well above the stream.  She confirmed the deck width at 12 feet.

 

Zoë MOVED to close the public hearing and approve the draft decision as written (approval).  Dennis SECONDED the motion.  The motion PASSED 5-0.

 

Other Business:

Alex said a formal motion regarding the reappointment of Peter Erb as Zoning Administrator was requested by the Select Board.  Greg MOVED to recommend Peter Erb for reappointment as Town Zoning Administrator.  Lisa SECONDED the motion.  The motion passed 5-0.

 

Peter described a minor site plan revision he had approved for Tom Lyman.  He said a permit was issued for an addition across the rear of the barn, for storage purposes only.  The group agreed with the revision.

 

Carroll Conditional Use

Greg MOVED to approve the draft decision as written (denial).  Zoë SECONDED the motion.  The motion passed 5-0.

 

Giroux Subdivision

Alex said enough people weren’t present to vote on the matter this evening.  He said those members who were not going to be at the September 18th meeting would be asked to render a decision prior to that meeting.  No action was taken on the matter.

 

Lisa recused herself from the Board at this time.

 

Bissonette Subdivision/PRD

The group agreed to delete Finding #6.  They also wished to modify Order #2A to allow for a building envelope on the eastern side only.  The group discussed agricultural building locations; it was clarified that the DRB cannot limit their placement but that the developers could (by deed).  Peter also confirmed that there will be no irregular lot created in the process of transferring land to the Godfreys.  Zoë asked about Order #7A; she thought a buffer was definitely required; Peter agreed to change that language.  Peter noted Order #3G regarding a possible provision for stormwater control.  Ted thought the applicants could be asked to remedy any stormwater issue that should arise.  Alex suggested referencing Finding #7B.

 

Greg MOVED to approve the draft decision as amended (approval).  Zoë SECONDED the motion.  The motion PASSED 4-0.  Lisa rejoined the Board.

 

Sachleben Conditional Use

Ted MOVED to approve the draft decision as written (approval).  Zoë SECONDED the motion.  The motion PASSED 5-0.

 

The next DRB meeting is September 18th.  The meeting adjourned at approximately 9:50 p.m.

 

Respectfully Submitted:  

 

Karen Cornish

Recording Secretary