TOWN OF HINESBURG

DEVELOPMENT REVIEW BOARD MINUTES

 

February 17, 2009

Approved March 3, 2009

 

DRB Members Present:  Ted Bloomhardt, Amy Escott, George Munson, Lisa Godfrey, Tom McGlenn, Dennis Place.

 

DRB Members Absent:  Richard Jordan, Zoë Wainer, Greg Waples.

 

Also Present:  Alex Weinhagen (Director of Zoning and Planning), Peter Erb (Zoning Administrator), Karen Cornish (Recording Secretary),  Tom Yager, Diane Langevin, Tom Campbell, Marion and Butch Holcomb, Melissa Harter, Maura Kelley, Steve Leffler, Travis Hart, Sarah Hart, Michael and Elaine Hart, Alek Adamowicz, John Brien, Bruce Cote, Nancy Wright, Steve Lidle, Jamie Carroll.

 

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

 

Final Plat Review - 7-lot/6-unit PRD - North Road - Applicants: Anup & Sanghamitra Dam (Tax Map #09-02-34.200)

(Ted Bloomhardt, Amy Escott, George Munson, Lisa Godfrey, Tom McGlenn, Dennis Place)

** continued from the Jan 20 meeting 

 

George Bedard and Joe Fallon spoke on behalf of the applicant.  The group discussed information that had been received at the Jan. 20th meeting as well as new items received (information about deer yards).  George Bedard said they are proposing to have the bulk of Lot 7 managed under the forest management plan prepared by A. Johnson.  He said there was no activity on this property that is not covered by their management practices or regulations regarding wetlands.  He said they did not propose to go out and identify natural areas as there are no uses proposed that would come into conflict with them.  He said he thought it was excessive to have the applicant detail anything on Lot 7 since they are not proposing to do anything besides logging.  He read from language he proposed to be included in any condition regarding forest management.

 

Lisa asked how the applicant’s plan addressed wetlands and water courses.  George said the applicant has proposed a forest management plan and that areas are also covered under state core rules.  Lisa said Condition #4 (of the Preliminary Plat approval) asked for a detailed plan.  George stated they were addressing that by saying the applicant will abide by state rules.  Ted asked how harvesting would impact wetlands and water courses.  Tom Yager of A. Johnson said the land has few run-off issues, no swampy areas, only a swale seen when the pasture on the land was in use. He submitted a copy of the state’s acceptable management practices handbook to the Board.

 

George submitted an aerial photo that indicated a brook that followed east-west then off to the north.  Peter Erb stated although there have been no ground checks there has always been a mapped wetland on the parcel.  He said throughout the review process the applicant never disputed the wetland’s existence and he is surprised that it is now being contested.  He said David Hirth, a member of the Conservation Commission, walked the property and felt a wetland area did exist, along with vernal pools that require different management techniques.  Peter said he recommended that these areas be identified on the plan so that loggers could employ the appropriate management practices where necessary.  He noted that the map George submitted shows streams but not whether there are Class 2 or Class 3 wetlands.  Peter said the DRB does not have to enact its ordinances on only what is protected by the state; they have a right to protect what they feel is a natural resource.

 

Tom Yager asked if it was common for the DRB to extend its reach beyond the area of development.  Tom McGlenn said yes, particularly with land set aside as part of a PRD.

 

Steve Leffler, a Lincoln Hill Rd. resident, asked how development on this parcel tied into long-term plans for the adjacent forested land; he asked about the location of houses.  George said houses would be sited behind a screen of trees to the north and south.  Steve said there is tremendous wildlife up on the hill and that many people enjoyed that piece of woods.

 

Building envelopes and the proposal to add a 75 foot clearing allowance was discussed.  George B. read from conditions found in the recent Ayer proposal, stating they were proposing essentially the same verbiage as found in that application.  He described the existing vegetation for each of the 5 house lots, noting what trees, scrub, etc. would remain and which lots would have clearing.  Ted asked how trees over 6” in diameter would be removed.  George B. said clearing would be restricted in the space around the home and that most homeowners would not clear cut.

 

Peter said the Ayer proposal, much larger building envelopes, was worded specifically for their situation.  He said he expected houses to be absorbed into the landscape as discussed in the sketch process, and that he did not want clearing language based on what lot owners might do.

 

The legal language regarding road maintenance and any potential for road damage by development on Lot 7 was discussed.  Joe Fallon concluded by stating that the Dams have waited a long time for the resolution of their application and feel they have submitted a good plan.

 

Tom MOVED to close the public hearing and take the issue up in deliberative session; George SECONDED the motion.  The motion PASSED 6-0.

(Ted Bloomhardt, Amy Escott, George Munson, Lisa Godfrey, Tom McGlenn, Dennis Place)

 

Conditional Use Review Camp Conversion, Expansion of a Non-Complying Structure) – Wood Run Road - Applicants: Travis and Sarah Hart (Tax Map #14-21-74.000)

(Ted Bloomhardt, Amy Escott, George Munson, Lisa Godfrey, Tom McGlenn, Dennis Place)

 

George Bedard spoke on behalf of the applicant.  Tom McGlenn asked Diane Langevin, an abutting neighbor who had not received written notification of the hearing, whether she felt the hearing could proceed; she said yes.  George B. described the original lot, stating a portion of it was restricted (no buildings).  He said the current building lot is 13, 284 sq. feet, with an existing built (house, walkway, parking) foot print of 11,056 sq. feet.  He said the property was very close to a ledge and that a new house would require a slab foundation.  He said the applicant is requesting an increase the sq. footage extending to the east and further to the south, which would not move the new structure any closer to the adjoiner than what is there now.  He said the house is proposed to have 1 ½ stories and would be similar to the houses on both sides.

 

George B. passed around an aerial photo of the existing camp.  He discussed the ledge conditions on-site, stating builders have recommended a raised wall on the structure so that water will not come up against the foundation.  He said that could be achieved by lifting the floor up one foot or so from where it is, to deal with grading issues.  He said there is about 7 to 8 foot change in elevation between the back corner of existing camp and the adjacent structure.  He said the two options were climbing up the ledge (an elevation change) or removing part of the ledge to shape the land (requiring blasting).

 

Lisa asked if the lift option would impact the neighbor’s view or trees.  George B. said the position of the structure would not change but the roof would be higher than it currently is; i.e. if there is not currently a view over the roof of the camp, then no.  He said the house’s position should not impact the view from the corner window past the existing corner of the camp. 

 

Ted noted neighbor issues regarding blasting and well impact.  Tom Campbell asked about property lines and noted that Diane Langevin’s home is mainly block and stucco.  George said the original lot line is a 50 foot width of land and that conditions in the deeds required it to go on that lot.  He noted that the new structure would be twisted slightly with about 5 feet of shift. 

 

George said the applicant would like to keep as much tree growth as possible.  The group discussed the current structure’s height (21 feet) as compared to the height of the proposed structure (24.3) and how much would be added beyond that by changes in foundation and floor lift.  The southwest corner of the structure was discussed as critical so that water would not be an issue.  Peter Erb said he thought the current structure is lower than 21 feet.  Bruce Cote, an adjacent neighbor, said he thought it was 16 to 17 feet tall.  Melissa Harter, an adjacent neighbor, asked how a further shift to the east would affect her view, stating she preferred the proposed position.  George B. said the structure could only move an additional 5 feet. 

 

The distance to the driveway from the structure to the northeast (the Cote property) was discussed.  Diane Langevin said she would not want the structure to obstruct Melissa’s view.  Lisa asked about the building orientation; George said the front would face the lake, with the gable ends east-west and roof slopes north-south.  Bruce Cote asked about chimney height; Alex said it was not part of our regulation’s height calculation.  Amy Escott estimated that the house would be 25 feet from the highest point of the ledge; she asked about the difference between the high point on the ledge and the front of the house.  George said if the house shifted to the east, the southwest corner may drop.  Tom Campbell asked what the reference point was for elevations; George B. described those, describing a 110-foot contour found in front of the porch.

 

Nancy Wright, an adjoining neighbor, noted she and Steve Lidle had submitted a letter to the DRB and also had discussions with the Harts.  She asked George to describe the removal of trees in the area.  George displayed a septic plan by McCain Consulting that indicated a drop in the ledge where the system would be located.  He said gravel soils were found on site.  He said the septic system is proposed as a mound filter bed for a two bedroom design, with a pretreatment function requiring a third party maintenance provision.  Nancy stated her concerns about tree removal and standing water in the event the slope became steeper with a mound system.  George described existing vegetation and said an engineer would decide which of those trees needed to be removed to be incompliance with state rules.  He said if trees need to be removed, other plantings can be put alongside the road.  He said the road could be shaped to allow water to move but the neighbors needed to agree where they wanted water to go. 

 

The height of the septic mound, surrounding vegetation and setback requirements were discussed.  George noted a provision in state water permits that prohibits deep rooted trees or brush growing within the mound, adding the applicant has already obtained a water permit for the project.  A site visit and appropriate preparations (marking building height, septic location, etc.) was discussed.

 

Tom MOVED to continue the hearing to March 3rd, with a site visit proposed for 9:00 am, February 28th.  Ted SECONDED the motion.  The motion PASSED 6-0.

(Ted Bloomhardt, Amy Escott, George Munson, Lisa Godfrey, Tom McGlenn, Dennis Place)

 

Final Plat Approval – 2-lot subdivision – North Road – Applicants: Richard and Maura Kelley (Tax Map #05-01-49.000)

(Ted Bloomhardt, Amy Escott, George Munson, Lisa Godfrey, Tom McGlenn, Dennis Place)

 

Maura Kelley summarized the project to date.  She said she is proposing to build a small log cabin home (32 x 22 feet) on the proposed three-acre parcel; she said ag soil in the area would not be impacted.  She said the existing shallow well would be abandoned, and a new well dug that would be shared by both lots.  She said although town maps indicated wetlands on the parcel, Anne Foley, a state wetlands official, concluded there were no wetlands.

 

Maura said the cabin would be sited on the highest grades, with mapped wetland areas further to the east.  She noted a stream on the property.  She displayed septic plans and pointed out the area sited for a secondary system.  Maura said the new lot would have a separate driveway sited on an existing road path and approved by Mike Anthony.  Ted asked if the well driller indicated any issues about finding water.  Maura described her discussion with Spafford and their suggestions for 8” piping and storage.  Peter Erb said the proposed easement and deeds anticipate the possibility of doing storage.  He said a ROW would be included in the deed allowing access to both parties for well maintenance.  The group discussed the shared well situation and potential water supply further.

 

Ted MOVED to close the public hearing and to approve the draft decision as corrected.  George SECONDED the motion.  The motion PASSED 6-0.

(Ted Bloomhardt, Amy Escott, George Munson, Lisa Godfrey, Tom McGlenn, Dennis Place)

 

Sketch Plan Review – Development on a Class IV Road - Lavigne Hill Road – Applicant: Russ Barone (Tax Map #09-01-01.100)

(Ted Bloomhardt, Amy Escott, George Munson, Lisa Godfrey, Tom McGlenn, Dennis Place)

 

Russ Barone said this 29.6 acre parcel approved for two dwellings, is Lot 7 of the Thistle Hill development.  He is seeking approval to build only one dwelling at this time.  His application proposes two possible building envelopes to allow future landowners flexibility.  The parcel would be accesses by Lavigne Hill Road, a class IV town road; Alex added that the class IV designation would not change with this request. 

 

Previous improvements made to the class IV section of Lavigne Hill Road were discussed.  Peter explained that the owners of an adjoining parcel (owned by the Hellman Trust) had obtained approval for development on a class IV road, improved a section of Lavigne Hill Road but never built a dwelling.  Peter said their building approval had since expired.  Tom asked if the road continued to the Quinn property.  Russ said the road stops about 50 feet into his lot then continues as a foot path.  Alek Adamowicz, speaking on behalf of the Hellman Trust, described his family’s previous efforts to improve the road.  The possibility of a connection from the Thistle Hill development to Lavigne Hill Road was discussed.  Alex described both a defined trail easement and a floating 50-foot wide easement for a road, as reserved by the town.  He said the Select Board would determine its exact location should they decide to build the road in the future.

 

The group discussed possible impacts of the proposed building envelopes on the location of a future road.  Tom said any building on the property would further restrict a road location.  Russ said they did not want to establish a ROW at this time and stated he felt his proposal did not restrict the town’s future plans.  The size of the building envelope(s) was discussed.  Russ submitted a document with revised building envelopes noted.  He stated the new proposed areas constituted 20% of the entire parcel equal to the maximum lot coverage of the 29.6 acres.  He said he is looking for flexibility for future landowners to establish outbuildings and accessory structures.  He described natural features on the property as well as south and west-facing slopes. 

Peter thought slopes should not be impacted with clearing and/or a driveway, and expressed concerns about building on steep slopes in general.  Alex described a more level area located below those steep slopes, around the 425 contour line.  Russ said he extended the building envelope to include that area.

 

Alek Adamowicz expressed concern with the potential for road damage incurred by the Barone project and also asked who would be responsible for widening the road if two houses were eventually built (one on his parcel and another on the Barone parcel).  The group discussed home associations and whether one could apply to a class IV road.  Ted thought that it could.  Russ said he was not aware of any other permits that have been issued that would use that class 4 section and that he believed the condition of the road currently to be suitable for two houses.  Alek A. stated his family had already spent $10K on improvements to the road and wished to have assurances that it would be repaired in the event of damage.  Russ said although no cost sharing mechanisms were legally recorded anywhere, he would be willing to state that damage expenses would be incurred by his project.  He said his deed would identify them as a sole user responsible for maintaining the road, with a requirement to join any association if a second user would come on.

 

Ted thought it made sense for this developer (Barone) to improve the road for two houses since the other owner had already improved 800 feet.  Alex W. said the road may already be 14 feet wide and had been improved with 19-foot long culverts.

 

The possibility of a town road through the parcel was discussed.  Alex said although two dwellings were approved for development, an owner needed to come back to the DRB for further subdivision.  He asked Russ if one building envelope – if two were approved – would go away when a structure was built.  Russ said he wished to leave the option open for the buyer to choose one envelope or the other for their primary structure, with noting to restrict accessory structures from being built in the other.  The concept of clustering all buildings was discussed.  Ted recommended that the building envelope be sensible (not too large).  Tom suggested two envelopes, one for the primary building, and another for accessory structures.

 

Tom MOVED to close the public hearing and take the matter up in deliberative session.  Ted SECONDED the motion.  The motion PASSED 6-0.

(Ted Bloomhardt, Amy Escott, George Munson, Lisa Godfrey, Tom McGlenn, Dennis Place)

 

Other Business

Norris Subdivision Sketch Plan extension

Tom MOVED to grant a 6 month extension of the sketch plan approval.  Dennis SECONDED the motion.  The motion PASSED 6-0.

(Ted Bloomhardt, Amy Escott, George Munson, Lisa Godfrey, Tom McGlenn, Dennis Place)

 

Tom MOVED to go into deliberative session.  George SECONDED the motion.  The motion PASSED 6-0.

 

The meeting ended at approx. 10:15 pm.  The next DRB meeting is scheduled for March 3rd

 

Respectfully Submitted:

 

Karen Cornish

Recording Secretary