TOWN OF HINESBURG

DEVELOPMENT REVIEW BOARD MINUTES

 

December 16, 2008

Approved January 20, 2009

 

DRB Members Present:  Ted Bloomhardt, Lisa Godfrey, Dick Jordan, Tom McGlenn, George Munson, Dennis Place, Zoë Wainer.

 

DRB Members Absent:  Amy Escott, Greg Waples.

 

Also Present:  Alex Weinhagen (Director of Zoning and Planning), Peter Erb (Zoning Administrator), Karen Cornish (Recording Secretary), Mark Burnett, Chris Burnett, Joe Fallon, Joe Iadanza, Gerry Guillemette, Frank Babbott, Wayne Bissonette, John King, Bernie Loven, Jennifer Ashley, Shawn Chapman, Peter Lazorchak, Frank Babbott.

 

The meeting began at approximately 7:30 p.m.

 

Minutes of the December 2, 2008 meeting:

Zoe MOVED to approve the meeting minutes as amended.  Lisa SECONDED the motion.  The motion PASSED 5–0, with George and Ted abstaining.

 

Burnett Scrap Metals, LLC – Conditional Use Permit – Route 116 – Applicants: James and Mark Burnett.  **Continued from the November 18th and December 2nd meetings.

 

[DRB members: Ted Bloomhardt, Lisa Godfrey, Dick Jordan, Tom McGlenn, George Munson, Dennis Place, Zoë Wainer]

 

Peter explained that, following the December 2nd meeting, he sent an email to interested parties requesting input on the Burnett application.  He then drafted a decision that he described as his take on the issue, but added that the matter was still open for public discussion.

 

Joe Fallon, speaking for the Burnetts, summarized his comments submitted via email to Peter.  He said he thought that restricting equipment or vehicles either in number or to specific locations, in an attempt to address noise concerns, would be holding the Burnett operation to performance standards that do not exist (there are no decibel standards in the Hinesburg Zoning Bylaws).  With regard to the six days per year allowed for operation outside regular hours (Order #3) he thought the Burnetts should be allowed to keep this provision, as it was very rarely used but potentially necessary.  He then said the Burnetts would like to defer work on the proposed new storage building in order to best plan for its location, size, shape, noise abatement properties, etc. 

 

George Bedard, speaking for the Burnetts, addressed a comment in the draft decision regarding an internal fence (Order #6).  He said the Burnetts wished to defer any action on the fence near the proposed building site to the west until their building plans were more solid.  Peter clarified that he only wished to see the fence extended to the new structure, not altered now. 

 

Joe Fallon said the Burnetts did not think a system that encouraged neighbors to register complaints to the Zoning Administrator (and thus involve him in further negotiation between parties) worked well.  They wished instead to be held to a clear set of operating standards.

 

Referring to a document submitted by Joe Fallon that evening, Peter asked for clarification on what he thought were omissions; Joe said that language could be found in the margins.  John King, Billings Farm Road resident, thought the operation already had set hours and did not need an extension of six work days.  He said he thought a fence with an electric eye should be utilized by the business, that hours outside normal operating hours should be used for snowplowing only, not for starting trucks and equipment.

 

Joe Iadanza, Billings Farm Road Resident, offered two comments in support of the operation; he thought office hours should not be limited in any way and also that multiple pieces of equipment should be allowed to be in operation simultaneously.  Peter explained he had added Order #17 (re: one mechanical loading device in use at a time) to address a particular type of grapple use.  Gerry Guillemette said he thought the DRB should allow the Burnett proposal to go forward; he said the junkyard operation was a valuable employer and business that served commercial and individual interests alike.  Bernie Loven, a Burnett employee, said a similar issue involving a junkyard operation arose in North Ferrisburg, with the result that the business was found to be grandfathered according to VT state regulations, and was allowed to remain in operation.  He thought the Hinesburg operation should be treated similarly.  Tom clarified that the Burnett’s were asking for an expansion of their business; the idea of them being in business at all was not being questioned.

 

Ted asked the applicants whether they ever intended to build the new storage structure.  George Bedard said the new structure issue arose after a discussion with Peter about whether the multiple older structures on the premises required building permits.  He said they were prepared to build a new structure if those older structures were not acceptable, but would prefer to delay construction until the best plans were laid.  Ted said he thought the new building would be a good idea.  He did not think removing the older quanset huts would pose an interim noise problem.  Peter offered that he did not think it would be difficult to show that the older buildings were eligible for proper permits.  George said they would like the Board to consider the new structure and give it their blessing in concept, but that the applicants knew they would have to come before the Board again before beginning construction.

 

Ted asked a question regarding the slamming of tailgates; Mark Burnett confirmed that the action of closing those truck tailgates had caused neighbors complaints.  Lisa asked about Order #8 regarding the south portion of the yard, asking what type of activity took place there.  Mark said the area had always been used for many types of activities including loading, dumpster storage, piling, etc. 

 

Ted MOVED to close the public hearing and further review the application in deliberative session.  Zoë SECONDED the motion.  The motion PASSED 7-0.

Voted: Ted Bloomhardt, Lisa Godfrey, Dick Jordan, Tom McGlenn, George Munson, Dennis Place, Zoë Wainer

Abstained:  --

 

Final Plat Review – 4-lot Subdivision – North Road – Applicant: Everett O’Brien

[DRB members: Ted Bloomhardt, Lisa Godfrey, Dick Jordan, Tom McGlenn, George Munson, Dennis Place, Zoë Wainer]

 

Peter Lazorchak, an engineer with McCain Consulting, spoke on behalf of the applicant.  Peter said the layout of the 4-lot subdivision on 15+ acres had not changed since the preliminary hearing.  He said his firm tried to address the issue of cross easements for wastewater systems, but found they could not do anything to reconfigure systems (even with new state regulations in place) based on soil findings.  He said a covenants package had been submitted with this application.  He also discussed the access location for Lot 4; he explained that Lots 1-3 were to be accessed using an existing farm road off North Road and Lot 4 would be accessed using an existing driveway off Route 116 (with a ROW across the Bissonette property.)  He said that driveway would be upgraded from a width of 14 feet to 18 feet.  He addressed concerns about erosion near the road entrance, describing an erosion control plan and also a condition that held the owner of Lot 4 responsible for maintaining the stabilization of the area.  Peter L. pointed out two errors on Sheet 4 of the site plan: total area disturbed during construction should be 2.8 acres (not .0.8) for the entire project, and the total new impervious surface should be 0.8-0.9 acres (not 0.52); he said changes would have no effect on the state permit process.

 

Lisa asked who was responsible for the 36” culvert off Route 116.  Alex said it was in the State ROW and was therefore their responsibility.  Peter L. said the amount of increased water through that culvert would not be significant.  Lisa asked about the area described in Order #2, whether the culvert was included in that area; Peter L. said no.  Wayne Bissonette said he thought there would be no increase in water through that culvert as any water from above is already going there.  He said the culvert was larger than what was required for the area and he did not think it would pose any problems. 

 

Peter Erb asked about the road grade; Alex asked how much of the initial segment is at 15% grade.  Peter L. said the first segment is about 60 – 75 feet, then the road levels off.  Alex said he did not think it was an issue, but noted the fire chief had not looked at this proposal.  Ted and George M. said they thought there may be no alternative.  The group discussed the 90º turn onto the driveway, and also the potential of widening the turn radius leading into that.  Peter L. said his firm would make that change to the extent that it was possible.

 

Zoë MOVED to close the public hearing and approve the draft decision as amended.  George SECONDED the motion.  The motion PASSED 7-0.

Voted: Ted Bloomhardt, Lisa Godfrey, Dick Jordan, Tom McGlenn, George Munson, Dennis Place, Zoë Wainer

Abstained:  --

 

 

Preliminary Plat Review – 2-lot Subdivision – Texas Hill Road – Applicant: Judy Fritz

[DRB members: Ted Bloomhardt, Lisa Godfrey, Dick Jordan, Tom McGlenn, George Munson, Dennis Place, Zoë Wainer]

 

Judy explained why the drawings had been adjusted after they were submitted with the application.  She said the house site has moved as the original site was found to be the best location for the septic system.  The curb cut has been moved and is now proposed to be approximately halfway between the curve to the west and the brook to the east. 

 

George Bedard spoke on behalf of the applicant.  He said the septic system will be a conventional or at-grade system, based on the engineer’s recommendation.  He discussed the driveway location, noting it will now be 85 feet away from a wet area near Texas Brook.  He pointed out culvert locations on the site map, and also an emergency vehicle turnaround location.

 

He said the building envelope has gotten smaller but also moved closer up (north) towards the 30-ft. setback boundary.  He further described land contours and the house location and said the new road will fit the land contours.  He said there are significant hardwood trees at the road frontage to provide screening.  He said the septic system would not require significant clearing.  He said it is a pressurized system with a solid continuous pipe that will go over a swale in the area.  He said the drawings will be cleaned up, with new house and road locations, if the changes are accepted this evening.

 

Tom asked about the well protection areas (minimum septic system isolation distances) that extended north into neighboring parcels.  George gave details of septic locations on all neighboring properties and said no conflict was found.  He also said the state did not require a ROW designation of well protection onto someone else’s property. 

 

Peter said he talked to state officials about well yields in general.  They said they require a statement from the applicant that water is available.  He said there are no state provisions to deal with the issue of a sustainable, adequate water source, only that an initial water source be found before a CO could be issued.  George B. said there was nothing in Hinesburg ordinances that required an applicant to prove there was water at a site.  He described his understanding of state policy towards drillers, that they were to find water on a site and would receive an amendment to an application in terms of a change of well location if that is where water is to be found.  George said a variety of wells in the area showed an average of 3 gallons per minute yields.  He said Judy’s well has been hydro-fracted and is now providing an adequate yield.

 

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

Voted: Ted Bloomhardt, Lisa Godfrey, Dick Jordan, Tom McGlenn, George Munson, Dennis Place, Zoë Wainer

Abstained:  --

 

The Board voted to go into deliberative session at this time (8:45pm). 

 

Other Business:

Norris subdivision sketch plan:

The Board voted 6-0 to approve the draft decision as written (approval).

Voted: Ted Bloomhardt, Lisa Godfrey, Dick Jordan, Tom McGlenn, Dennis Place, Zoë Wainer

Abstained: George Munson

 

Haulenbeek/Ciffo subdivision sketch plan:

The Board voted 5-0 to approve the draft decision as written (approval).

Voted: Lisa Godfrey, Dick Jordan, Tom McGlenn, George Munson, Dennis Place

Abstained: Ted Bloomhardt, Zoe Wainer

 

The meeting ended at approximately 9:30 pm.  The next DRB meeting is scheduled for Jan. 20th.

 

Respectfully Submitted:

 

Karen Cornish

Recording Secretary