TOWN OF HINESBURG
DEVELOPMENT REVIEW BOARD MINUTES
March 18, 2008
Approved April 15, 2008
DRB Members Present: Tom McGlenn, Ted Bloomhardt, Lisa Godfrey, George Munson, Dennis Place, Zoë Wainer, Greg Waples.
DRB Members Absent: None.
Also Present: Alex Weinhagen (Director of Zoning and Planning), Peter Erb (Zoning Administrator), Karen Cornish (Recording Secretary), Stacy Brunstein, Rachel Nevitt, Lee and Michael Grillo, Dick Thibault, Ethan Thibault, Jeff Olesky, Irena Case, Catherine Ricklefs.
The meeting began at approximately 7:30 p.m.
Minutes of the March 4, 2008 Meeting:
Ted MOVED to approve the meeting minutes as written. George SECONDED the motion, with Greg, Lisa and Tom abstaining. The motion PASSED 4–0.
Conditional Use Permit – Accessory Apartment – Tyler Bridge Road – Applicants: Michael and Lee Grillo
Michael Grillo described the proposal. He has a 23-acre farm (14.4 acres in Hinesburg) on Tyler Bridge Road and is requesting a permit for an accessory apartment, to be built in an existing accessory structure (a 21 ft. x 70 ft. barn). The apartment would be used by part-time farm help and visitors. He said the barn cannot be seen from the main road or by his neighbors. The barn will be renovated to include a window and door on the north side, accessed by a 6-ft. x 8-ft. deck and outside stairway. Michael was asked whether there was a need for an emergency access pull-out; he said a pull-out would be added as part of this project; Peter confirmed it would be a condition of the application. Tom asked about wastewater; Mike said a new system would be added for the apartment, with a septic field installed to the north east of the barn.
Zoë MOVED to close the public hearing and to approve the draft decision as amended (approval) to include the proposed language regarding emergency access. George SECONDED the motion. The motion PASSED 7-0.
Final Plat Review – 2-Lot Subdivision – Aube Ridge Road – Applicant: Richard Thibault
Jeff Olesky, engineer for Civil Engineering Associates, reviewed the project. He explained the state reviewed the existing septic system and well and, due to several issues, are now requiring a new drilled well for the existing Lot 1and a replacement septic location for Lot 1 to be located on the new Lot 2.
Jeff said although the plat indicates a 14-foot wide gravel road, the applicant has opted instead for a 12-foot wide road as approved by the town. Ted asked about clearing on the new lot; Jeff said the Thibault family intends to maintain forested space as much as possible. Ted reviewed proposed language for Order #4 and suggested revising it to include the following: “…total clearing shall only be done as shown on the plan around the new house site, driveway, primary septic field and replacement septic field if and when used; the remaining forest shall be maintained as a healthy and complete forest canopy.” Zoë asked if there was an order concerning the driveway width. Alex said the decision can state that the road could be a minimum of 12 feet per town approval, even though the final plat indicates 14 feet, with the decision referencing the engineering sheet on file.
Zoë MOVED to close the public hearing and to approve the decision as amended (approval). Greg SECONDED the motion. The motion PASSED 7-0. Lisa Godfrey recused herself from the board at this time. (8:20 pm).
Sketch Plan Review – 2-Lot Subdivision – Gilman Road – Applicant: ESNID LLC
Stacy Brunstein, a representative of ESNID, the current property owners, and Rachel Nevitt, the future owner of the property, spoke about the project. Stacy said the proposal for the parcel has been changed from a 3-lot subdivision to a 2-lot subdivision. They are requesting that the proposal now be considered a minor subdivision (a 2-step process). She said her organization is a farmland conservation foundation that got involved in the larger Bissonette project specifically for this piece of land. She noted work already done on the property including erosion control on the gulley on lot 2D, some waste removal and some work done with the Godfrey family (abutting neighbors) to separate some of the electric power functions on their property. They then went through the Vermont Land Trust to choose a buyer and got funding to purchase a conservation easement from The Vermont Housing and Conservation Board. The easement includes an option to purchase the land at agricultural value. The parcel will be preserved in perpetuity as an operating farm. She said the main difference between the original plan and this one is the 3-lot to 2-lot change. She said Lot 4B will have a restricted covenant on it, held by VLT, stating only one house would be allowed on that lot. She clarified that the house was not the Lance Smith house but would be sited near it. Peter noted a regulation that requires a 200-foot separation between a house and agricultural fields. He suggested shifting the house site on Lot 4B to the south, as a way to comply with that regulation. He thought it would give more separation between the homes proposed for lots 4A and 4B, and make the 4B house less visible as it would be sited lower.
Rachel described the 3 farm structures on the total parcel. She said the woodlot owned by the Russell Family would be granted deeded ROW access. Dennis asked about the existing mobile home; Peter described how the home could be replaced. Stacy said the Land Trust required the mobile home to be removed once a new structure was built. Rachel described the organic farm operation proposed for parcel. She said they would continue a CSA (produce shares) program they have developed at the Intervale, and are looking to add a livestock operation. She said they plan to keep their Burlington customer base but hope to add an on-farm pick up as well.
Greg raised the issue of the 200-foot separation, noting the building envelope would need to be moved substantially than currently proposed if it were to meet the regulation. Rachel said she and her husband are purchasing both properties, so the issue would only apply if they sold lot 4B. Alex read Subdivision Reg. #6.10.8 regarding buffer zones. Stacy asked if they could request a waiver to the regulation; Alex said it would be addressed in the sketch plan decision. Peter suggested keeping the home site lower, i.e. taking the option of building at the top of the hill out from this decision.
Tom asked about driveway design and stormwater run-off. Peter said stormwater runs down from the height of the land to beyond Lewis Creek Road. He said he wanted to note that the driveway should be constructed to continue to drain the stormwater as it is doing now.
Ted MOVED to close the public hearing and direct staff to draft conditions of approval. Greg SECONDED the motion. The motion PASSED 6-0. Lisa rejoined the board at this time (8:50 pm).
Development on a ROW and Revision to a 2-Lot Subdivision – Richmond Road - Applicants: Irena and James Case
Irena Case spoke to the board about the project. Alex explained the proposal as a request to grant development on an undeveloped lot that had been part of a 2-lot subdivision in 2002. He said because a driveway had been built to the lot, the subdivision remained in effect, involving a revision to a previous approval but not requiring any changes in the previously-approved plat. Alex said the lot required an ACT 250 permit, and also needed DRB approval for development off a private ROW.
Tom asked if the house would be visible; Irena said no. Peter asked how subsequent development on this lot would be accessed. Irena said she currently has access to it from easements on family members’ lots (adjacent 6.15-acre and 5-acre lots). She did not think the topography would allow for development beyond her house site. Peter thought the fire department would not likely allow the road to the new site to be used as future access (to any development further on) due to its steep grade. Irena said she is still considering what to do with the rest of the property. She said it is now in the forest management plan and that a large portion of it is considered deer yard by the state. Greg asked how the land was accessed now to do forest management; Irena said through the 6.15-acre lot. Greg asked about a turnaround off the road for emergency vehicles; Irena confirmed one would be built.
Alex described the landscape and said there are specific wildlife areas that the State is interested in protecting, as overseen by the ACT 250 process. Zoë asked about the forest use plan; Alex said as it is not a subdivision, only development on an existing lot, he did not ask the applicant for a plan. He said he can include a condition that the home needs to be built in the area in which it is proposed, in the event someone other than the Cases built on the parcel. He also said he did not ask for a building envelope as that would require the filing of a revised plat. Peter said he would do that, referring to the area on the map in the application. Peter asked if language regarding a road association should be included. The group agreed it could be dealt with later when and if any subdivision occurs. Lisa asked to add language regarding on-site construction run-off and post construction potential stormwater run-off, as had been added in other applications. Alex said McCain Consulting had shown good engineering for that portion of the driveway and he did not think it would be an issue complying with the proposed language.
Zoë MOVED to close the public hearing and approve the decision as amended (approval). Ted SECONDED the motion. The motion PASSED 7-0.
The group voted 7-0 to go into deliberative session.
Other Business:
Unicel Conditional Use Permit
Tom MOVED to approve the decision as amended (approval). Ted SECONDED the motion. The motion passed 6-1, with Lisa opposed. Language regarding post-construction field strength testing would be added to the decision.
Lisa and Greg left the meeting at this time (9:10).
Baldwin/Haulenbeek Subdivision A (West Side)
Zoë MOVED to approve the draft decision as written (approval). Dennis SECONDED the motion. The motion passed 5- 0 with Dick voting in absentia, and Tom abstaining.
Baldwin/Haulenbeek Subdivision B (East Side)
George MOVED to approve the draft decision as written (approval). Zoë SECONDED the motion. The motion passed 5- 0 with Dick voting in absentia, and Tom abstaining.
Flash Subdivision
Zoë MOVED to approve the draft decision as written (approval). George SECONDED the motion. The motion passed 5- 0 with Dick voting in absentia, and Tom abstaining.
The April 1 meeting has been cancelled. The next DRB meeting is April 15. The meeting adjourned at 9:20 p.m.
Respectfully Submitted:
Karen Cornish
Recording Secretary