TOWN OF HINESBURG

DEVELOPMENT REVIEW BOARD MINUTES

 

November 18, 2008

Approved December 2, 2008

 

DRB Members Present:  Ted Bloomhardt, Lisa Godfrey, Richard (Dick) Jordan, Tom McGlenn, 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), Joe Iadanza, Joe Fallon, James and Mark Burnett, Gerry Guillemette, Frank Babbott, Mike and Lori Wilson, David and Carrie Fenn, Johanna White, George Palmer, Jim Wilson, Dale Wernhoff, John King.

 

The meeting began at approximately 7:30 p.m.  Dick Jordan joined the board in place of Ted Bloomhardt at this time.

 

Minutes of the October 21, 2008 meeting:

Tom MOVED to approve the meeting minutes as amended.  George SECONDED the motion.  The motion PASSED 6–0, with Greg and Ted not voting.

 

Burnett Scrap Metals, LLC – Conditional Use Permit – Route 116 – Applicants: James and Mark Burnett

Joe Fallon spoke representing the applicant.  He gave details of the site and also changes in operations (particularly noise abating measures) that have occurred since the Burnett’s last appearance before the Board.  Joe said in addition to items listed in the application, the Burnetts have two tractor trailers and one additional truck for hauling.  He said they have installed a new fence, a berm to the southeast of the property, a new loader, additional plantings, and have bought the Perlee residence next door.  He said they have set up the yard to be quieter and more efficient.  They now have 3 grapples and have added new equipment to their operation.  Joe reminded the Board that although they have taken steps to quiet the noise at the junkyard operation, the nature (sources, etc.) of the noise remained the same.  He said they are willing to add two additional feet to the fence height if the Board requests that, noting an area on Billings Farm Road where the land dips and the fence could be increased, by replacing an 8-foot section with a 10-foot section.

 

Joe continued to discuss changes; he said when the Burnetts last appeared before the Board, rubber-lined containers were discussed.  He said they do not believe those containers work well nor are they commercially feasible.  He said they also use other companies’ containers which would not be rubberized.  He said a state official has commented that the operation is well run and well organized.  James could not provide a name of the official who made those comments but confirmed the yard has been licensed since the 1950s, with a rare visit from state officials but otherwise without much oversight.

 

The Burnetts stated they would like to begin operations at the business at 6:00 am (currently 7:00 am) Monday to Friday, and at 7:00 am (currently 8:00 am) on Saturday mainly to get the equipment up and running.  They said they won’t move scrap metal, operate grapples or handle containers until 7am.  The only back-up beepers that would be heard between 6 and 7am are those on the Bobcats used to plow snow.  Joe felt that if the Board did a site visit, they would not be able to hear the equipment as it is no louder than the traffic on 116.

 

Joe discussed performance standards, stating the Burnetts believe 1) noise has been usual and customary for a junkyard; 2) operations would be no different than what was approved in 2001; 3) there has been no measurable vibration at the ends of the property; they do not believe windows at nearby residences have been rattled as alleged; 4) odors do not present any problem; and 5) there is no fire risk from materials on site, nor is there risk from industrial waste.  The Burnetts stated all fluids, gasoline and oils are properly handled and disposed of.

 

George Bedard discussed the site plan and survey for the property.  He pointed out the access road, fencing, landscaping, interior fencing, the location of the operating pile, some outbuildings and sheds and the office and other small storage trailers for which they are seeking permits.  He said the property has two points of access, a paved driveway that leads to the house and another driveway.  The paved driveway will be discontinued with short term improvements done to avoid runoff issues.  The state is allowing a 24-foot aisle and 50-foot radius for the other driveway to allow for a wider opening for traffic entering the facility.  George said the Burnetts are requesting 8 parking spaces on the north side of the property; he said that proposal would include landscaping screening.  He said they are also requesting a free standing sign for better visibility from Route 116.  He discussed conversations with Peter Erb regarding existing quonset huts and trailers and whether those structures needed building permits.  George said if they did need permits, Peter has made suggestions as to how the buildings could be replaced individually.  George said all the structures together equaled a building approximately 40 ft. x 96 ft in size that could be built to consolidate storage.

 

Peter asked about the duplex lot; George said it was outside the facility fence with adequate parking for tenants and guests.  The parking being requested is for employee and business use.  He added that the office trailer is within the property setback from Route 116.

 

Greg said it seemed like the fence was on the outside of extensive shrubbery and suggested putting the fence inside the shrubbery.  George said keeping the fence close to the road is better for screening the facility from the road.  James said the elevation on the north side of the junkyard is higher than the south; George added that the trees were well-established.

 

John King, a Billings Farm Road resident, said he had previously written a letter of opposition to the hours; he submitted additional signatures to that letter to the Board at this time.  He said he went to the site to observe the operation on his own.  He described a bar that is picked up with the grapplers and then dropped on the ground, that this is the source of noise and vibration.  He would like the Board and Peter to facilitate a conversation between the operation and neighbors, with Peter in attendance.  Frank Babbott, a nearby neighbor, asked if increasing hours was to allow for snow plowing and maintenance or for starting the machines; Joe Fallon said both.  Frank said he thought the early hours (6am M-F, 7am Sat) was asking too much, adding he was not opposed to anything else in the proposal.  He asked about smoke emissions (mentioned in #5 of the applicant’s “Narrative Description”), whether they were from exhaust or burning.  James said once in a while they burn wood; Joe Fallon said #5 referred to all emissions total.  Frank said his property is located uphill from the operation and described the odor from burning as acidic.  He asked whether only natural materials were being burned; Mark Burnett replied yes.

 

Joe Iadanza noted his recent letter to the Board in which he discussed the Burnett’s proposal(s).  He said that he has raised concerns over the years but has felt the agreement reached in 2001 seemed to work for a while.  He said he would like to maintain that agreement.  He said he would like something to be done to mitigate the harsh booms and also agreed with Frank Babbott that the extended hours were too early.

 

Tom asked James to clarify what material the load was being dropped on.  James said all loads are dropped on a concrete slab that is then scraped with a bucket.  John King said the noise seemed to be more prevalent where the scales were located.  James agreed that when the metal hit the ground it may sound like metal on metal but that it was not the case.

 

Dick Jordan said his biggest concern was the handling of flammable or otherwise hazardous liquids, and said he wanted assurances that the nothing the applicant was doing would create a fire hazard or soil contamination.  James said they have a concrete pad that is cleaned of engine oil, brake fluids, etc.  He said they have a spill catch by the concrete.  He added there are no soil tests being performed.  Dick asked about the practice of re-using oil instead of taking it to a reclamation center.  James said the new building would be outfitted with a furnace that would burn the oil.  Joe Fallon said they would provide specifications on that type of furnace.  Doug Mead said his company uses a similar furnace.  Dick asked what would happen to all the storage boxes if a new building were built; James said they would get rid of them.

 

Zoë suggested a site visit.  Greg said the Board would like to hear some semblance of activity at that visit.  Dennis suggested the Board only needed to hear the noise generated between 6-7 am.  Greg gave comments regarding the last hearing and said he thought noise generated during all operating hours was relevant to this application.

 

Tom MOVED to continue the public hearing to December 2nd ant to schedule a site visit on Saturday, Nov. 22 at 9:00 am.  Greg SECONDED the motion.  The motion PASSED 7-0, with Ted not voting.

 

George excused himself from the Board and Ted joined the Board at this time (8:20 pm).

 

Sketch Plan Review – 1-lot, 11-unit subdivision/PRD – Route 116 – Applicants: Alan and Nancy Norris

Alan Norris presented a new plan to the Board.  He said the last plan had 6 buildings with 13 units; this plan has 3 buildings with 11 units.  All three would be multi-unit dwellings, approximately 22-foot wide and with integrated garages (for each unit).  He said ample space for storm retention has been provided for in this site plan.  He discussed a proposal for a sidewalk on the site that would join a future sidewalk north of the property.  He said he and Alex discussed the future sidewalk (approximately 1300 feet from the tip of the Norris property to where the school sidewalk starts) as being cost prohibitive for his development to have to pay for, particularly as they wished to build affordable housing.  Alan said the visibility issue from Friendship Lane raised in the last application has been lessened.  He then passed out plans of a sample building and discussed potential landscaping.  Dick asked about the shape of the interior road; Alan said it could be straightened as needed.  Alan said he is interested in and still investigating solar technologies; he said buildings would be oriented to take advantage of solar.

 

Greg asked about the look of the structures from the roadway.  Alan clarified that the sample plan showed the back view of the building; he would discuss aesthetics at preliminary.

 

Lori Wilson, a Friendship Lane resident, submitted a drawing that changed the orientation of the buildings to be less lined up along Route 116.  She said this would change the neighbors’ view from looking at the long unit fronts to the shorter ends of buildings.  Zoë asked about living spaces around the buildings.  Alan said buildings would be 22 feet wide, with a driveway in back.  Outdoor living space would have to be beyond the driveway; he thought this approach was more typical of town home living.  He said buildings would be very efficient, with very few outside walls.  He said his Silver Street homes have patios in back, and a small front yard area in front with shared parking beyond it.  Alex said the orientation of the plan offered by Lori could provide more usable backyard space.  Alex said while this parcel is not subject to village zoning aesthetics it was still desirable to plan with those in mind.  Alan said he was open to discussing the building layout.  He clarified the site as being in the village sewer service area but still in the agricultural district.  Alex said the rezoning proposal (that would bring this site into a new village district) was still being worked on.

 

David Fenn of New South Farm Road said he felt changing the building orientation was a good idea as it added a full southern exposure to the long side of the buildings.  He asked about Energy Star building; Alan said he worked with Efficiency Vermont on his Silver Street project to build all Energy Star-rated buildings and he expects to do the same with this project.  He added that he is looking into active solar hot water heating.

 

Dick asked about a homeowners association and how the 24-acre site would be controlled.  Alex said unless the Select Board and the Norris’s could come to an agreement on town use of land, the acreage would probably remain in private ownership.  Ted asked about the sidewalk.  Alex said a connection to this subdivision has been talked about but was not prioritized.  His suggested it would be too expensive for the applicants to add its construction to their project.  The Board discussed cost estimates for the 1300 foot connector section and phasing provisions.  George Munson said the town priority list currently has sidewalks going only as far as Papa Nicks.  Dale Wernhoff, the neighbor to the south of the site, said he liked the bend in the interior road because he thought it may help to slow traffic within the subdivision.  Lori Wilson asked if a gravel path could be put in (as a connector) instead of a sidewalk.  Alex said such a path would be in the State ROW, once off the property.  He said the organization VTrans would have some input.  Dick asked if there were any state requirement that a sidewalk be at grade with the road.  The elevations were discussed, particularly where the road dropped into private land ownership. 

 

Tom MOVED to close the public hearing and direct staff to draft conditions of approval.  Dennis SECONDED the motion.  The motion PASSED 7-0 with George not voting.

 

Richard left the Board and George joined the Board at this time (8:55 p.m.).

 

Conditional Use Permit – Camp Conversion to a Year-Round Residence – Upper Access Road – Applicant: James Nelson

James Nelson said he has already put in a septic system and well at his camp off Upper Access Road.  He noted a letter of support for the conversion signed by neighbors that had been submitted with his application; he submitted a new signature to the letter from the Carlsons.

 

Tom asked how many residents on the road were year-round.  Alex said two camps had been converted, Lisa Carlon’s and Jodi Ciano’s.  Greg asked why the camp had been in violation for the past two years.  James said he applied for permits when he moved in a few years ago.  Tom asked about heat; James said he receives fuel deliveries from a local supplier.  He gave a short history of the road, noting that the first camp conversion was reviewed by two boards, and that road pullouts were discussed with the next camp conversion.  He said Lisa Carlson at that time had deeded the area for the pullouts to the road association.  He reviewed more history; Ted asked what the trigger point was for road widening.  Peter said it was the CO for the new lot the Carlson’s wish to subdivide.  Ted said conditions exist in other approved applications that require improvements to the road.  Peter said there are two road associations; one formed in 1991 and another created by Lisa Carlson.  James is a member of the original one only.  Ted requested the same wording in this conversion approval that was included in the others.  Peter clarified that James will be a member of the first initial association and that they would not try to expand Lisa’s association.  The difference between the two associations was discussed.

 

Ted MOVED to close the public hearing and direct staff to draft conditions of approval.  Zoë SECONDED the motion.  The motion PASSED 7-0.

 

The meeting ended at approximately 915 pm.  The next DRB meeting is scheduled for December 2nd, with a site visit to the Burnett property scheduled on Saturday, November 22nd at 9:00 am.

 

Respectfully Submitted:

 

 

Karen Cornish

Recording Secretary