TOWN OF HINESBURG

DEVELOPMENT REVIEW BOARD MINUTES

July 7, 2009

Approved July 21, 2009

DRB Members Present: Ted Bloomhardt, Amy Escott, Dick Jordan, Tom McGlenn, Dennis Place, Zoë Wainer.

DRB Members Absent: George Munson, Greg Waples.

* There is currently one vacancy on the DRB.

Also Present: Alex Weinhagen (Director of Zoning and Planning), Peter Erb (Zoning Administrator), Karen Cornish (Recording Secretary), Rocky Martin, Ginny Iverson, Sue Thomas, Bud Allen, Kristin Miskavage, Paul Boisvert, Greg Glade, Peter Monty, Monique Corchoran.

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

Burnett Discussion

Tom MOVED to go into deliberative session to review the negotiated Burnett settlement with Bud Allen, the attorney for the Town of Hinesburg. Zoë SECONDED the motion. The motion PASSED 6-0. The Board came out of deliberative session at 7:50 p.m.

Ted MOVED to state that the Board reviewed the VT Environmental Court agreement and had no objection. Dick SECONDED the motion. The motion PASSED 6-0.
Voted: Ted Bloomhardt, Amy Escott, Dick Jordan, Tom McGlenn, Dennis Place, Zoë Wainer.

Minutes of the June 16, 2009 meeting:

Zoë MOVED to approve the meeting minutes as amended. Dick SECONDED the motion. The motion PASSED 5–0, with Amy abstaining.

Site Plan and Conditional Use Review (Development in a Flood Hazard Area), Variance Request (Landscaping) – Lagoon Road – Applicant: Town of Hinesburg (Tax Map #08-01-05-000).

Rocky Martin, Director of Town Facilities, reviewed the three proposals:

1) Site Plan approval for a new building and entrance road improvements

2) Conditional Use approval to address flood plain issues

3) Variance approval for landscaping requirements

Dick asked if current wastewater use now requires extra processing (pre-treatment) due to Saputo’s departure; Rocky said no, adding new technology included in the proposal will better remove phosphorus from water before it is released from the facility. Rocky said state officials have confirmed the property’s FEMA flood plain mapping to be erroneous, and thus have permitted the project. Rocky said he will submit a Letter of Map Amendment to correct FEMA mapping, but until that request is processed and approved, conditional use approval is needed.

Rocky said the variance request is based on the fact that there is no physical room to install plantings that would not be detrimental to operation of the facility. Rocky said areas in and surrounding the facility must be clear of vegetation to help with evaporation, and that in the past, state officials have ordered the removal of vegetation. The Board then reviewed the five variance criteria set by State Statute (Title 24, Section 4468). Tom read each aloud; board members agreed unanimously (approval) on all points.

Ted MOVED to accept the variance proposal as written. Zoë SECONDED the motion. The motion PASSED 6-0. Ted MOVED to approve the Conditional Use proposal as written. Zoë SECONDED the motion. The motion PASSED 6-0.

Zoë MOVED to close the public hearing and direct staff to draft conditions of approval for the Site Plan proposal. Dick SECONDED the motion. The motion PASSED 6-0.
Voted: Ted Bloomhardt, Amy Escott, Dick Jordan, Tom McGlenn, Dennis Place, Zoë Wainer.

Revision to an Approved Final Plat – Boundary adjustment between 2 parcels - Silver Street – Applicants: Virginia Iverson and Susan and Daniel Thomas

(Tax Map #s 11-01-39.100 and 11-01-39.400)

DRB members: Ted Bloomhardt, Amy Escott, Dick Jordan, Tom McGlenn, Dennis Place, Zoë Wainer.

Ted summarized the application as a request to adjust boundary lines in two places, swapping even amounts of acreage to keep the original lot sizes the same. Ginny said the Vermont Land Trust is in agreement with the proposal as it does not change the overall vision for the property. With regards to the screening issues raised, she said a private agreement between her and the Fraziers has been signed. Susan Thomas noted that agreement may change as she is in the process of purchasing the property; as such, she and Ginny did not want the agreement considered in the official DRB decision. Board members agreed not to refer to the agreement in their decision.

Zoë MOVED to close the public hearing and to direct staff to draft conditions of approval. Ted SECONDED the motion. The motion PASSED 6-0.
Voted: Ted Bloomhardt, Amy Escott, Dick Jordan, Tom McGlenn, Dennis Place, Zoë Wainer.

Final Plat Review - 9-lot/8-unit PRD/Subdivision - Route 116 north of Ballards corner – Applicant: Hart Hill Designs, LLC (Tax Map #16-20-26.300).
Continued from the 1-20, 3/3, 5/19 meetings.

Paul Boisvert with Engineering Ventures spoke on behalf of the project. He reviewed a map showing the residential subdivision and related infrastructure. The location of an eighth lot has been moved to the west of an existing farm road; the road, set within Lot 9, will now bisect Lots 5 and 8. Paul and David Carse said all homeowners will have the understanding that the farm road will be used by an operating farm (currently the Ballard Farm to the north). Ted asked about the width of the ROW being given to Lot 8, whether it was wide enough. Alex discussed 5.7.1, #2 regarding easements as primary access. Paul explained how the farm road will be re-aligned to the east and built to much higher standards than the existing road.

Paul said each lot would have its own well (except Lot 2, sharing a well on Lot 1). Dennis asked about the possibility of using the town water system; Rocky Martin said the water supply line in that area was small and already maxed out. Paul noted well protection areas and also described how the detention pond would drain to an area north of Lot 9. He said the stormwater system would be regulated by the state through annual inspections and a 5-year recertification requirement.

The group discussed staff comments regarding ROW access and landscaping. Paul described Lot 9, an irregularly-shaped lot containing the septic area, the stormwater pond, the development road, the 35-acre open space area, and the farm road. Lot 9 will contain a 20-foot wide ROW to allow access to the open space area, both by residents and by the farm to the north. Paul said the proposed septic area and swale prevented siting the farm road to the east of Lot 8. The group discussed waiving the 50-foot ROW requirement; they also considered Alex’s suggestion to truncate Lot 8 at the top to allow for more direct residential access off the development road. Paul agreed to reconfigure lower lots to allow for a 50-foot ROW between lots 5 and 8 (instead of truncating Lot 8.)

David Carse said he has trees growing on his own property that are suitable for the project. He asked about the requirement to use commercial nursery stock. Alex said nursery stock is well-suited for transplanting and using it usually avoids the need for a replacement schedule. Paul asked if a clause could be included stating that private stock would be allowed, but that any replacement stock must be from a nursery. Board members generally agreed to consider allowing the use of private, native stock if certain precautions (proper tree spading, wrapping, etc.) were taken.

Zoë MOVED to continue the public hearing to the September 1^st meeting and to direct staff to draft conditions of approval. Dick SECONDED the motion. The motion PASSED 6-0.
Voted: Ted Bloomhardt, Amy Escott, Dick Jordan, Tom McGlenn, Dennis Place, Zoë Wainer.

Sketch Plan Review - 2-lot subdivision - Pond Road – Applicants: Gary & Rebecca Fournier (Tax Map # 17-20-05.100)

Gary Fournier said although he was applying for a 2-lot subdivision, he was also looking for a sense from the board on whether they would allow a Tae Kwon Do facility on the proposed new lot. The Board discussed whether to consider such a facility/operation as an educational institution, a permitted use in the Rural Residential I district. Peter Erb commented on his research of the definition of “education institution” and suggested board members visit the Blue Wave website for more information. Gary said the building would be designed as a garage that could accompany a future primary residence on the lot, should the school stop using it.

Peter Monty, the owner of the non-profit Blue Wave Tae Kwon Do School in Hinesburg, described the school’s relationship with the Blue Wave Association (there are 10 schools throughout the East Coast) and the larger Korean program. He described the programs offered to children and adults, currently weekday afternoons and evening. He said they have had difficulty finding suitable space in town (a large open space with a changing room and bathroom). Monique Corcoran spoke in support of the school’s efforts, noting her family’s involvement and success with the program. Gregory Glade, an Orchard Commons resident asked about the proposed location. Gary then described the sketch plan proposal, noting geographical features including Class II wetlands and the proposed access points (a curb cut off Pond Road to proposed Lot 2 and an access point from the Lot 2 driveway to a future 3^rd lot.)

Kristen Miscavage, president of the Orchards Commons homeowners association, said she had no objections to the proposed lot’s future residential use but would like more information about the school proposal. Peter said school operating hours are from 2:30 to 8:00 p.m. on weekdays; they hoped to add Saturday morning classes in the future.

Tom MOVED to continue the public hearing to the July 21^st meeting. Dennis SECONDED the motion. The motion PASSED 6-0.
Voted: Ted Bloomhardt, Amy Escott, Dick Jordan, Tom McGlenn, Dennis Place, Zoë Wainer.

Other Business
The group voted to go into deliberative session to discuss and vote on the Lyman/Milot decision. Amy left the board at this time (9:50pm).

Lyman/Milot Final Plat Decision

The Board voted to approve the draft decision as amended (approved). The motion PASSED 6-0.
Voted: Ted Bloomhardt, Dick Jordan, Tom McGlenn, Dennis Place, Zoë Wainer, with George Munson voting in absentia.

The meeting ended at approximately 10:30 pm. The next DRB meeting is scheduled for July 21^st.

Respectfully Submitted:

Karen Cornish
Recording Secretary