TOWN OF HINESBURG
DEVELOPMENT REVIEW BOARD
Meeting Minutes - June 1, 2010
Approved 6/15/10
Members Present: Tom McGlenn, Dennis Place, Dick Jordan, Greg Waples, Kate Bissonette
Members Absent: Zoë Wainer, Ted Bloomhardt, George Munson
Also Present: Alex Weinhagen (Planning Director), Peter Erb (Zoning Administrator), Mary Seemann (Recording Secretary), Edward and Lisa Godfrey, Jamie and Patricia Carroll, Berthann & Louis Mulieri, Louis Hodgetts, Jeremy Farkas, Michelle Douglas
Tom McGlenn called the meeting to order at 7:30pm
Minutes from May18th: After the Board read over the minutes Greg W made a motion to accept the minutes as amended, Dennis P seconded the motion. A vote was taken - 5-0. THE MOTION PASSED
Carroll: Conditional Use Camp Conversion
Board: Tom, Dennis, Kate, Dick, Greg
Jamie showed some changes he has made to the property since his last hearing. He shortened the building 5’, moved the septic tank and pump house to the north of the building which allowed him to shift the building 8’ to the east. He decreased the deck size which overlapped the old trailer footprint, and stated the shift to the east allowed the house to be a foot lower than it had been.
Greg W asked what has happened to the septic. Jamie showed where the septic and pump house had been moved to.
Greg W asked what was anchoring the old trailer, how long has it been on the property, how the power is delivered to it and will that change. He asked if Jamie’s water supply came from a well and Jamie said it did. Greg W asked for information about the “walk-out” basement. Jamie said there will be a door under the deck but the basement will not be at grade, it will be lower than the original plan.
Greg W asked with the shift of the house how far down did it bring it for the Mulieri’s view, Jamie said a foot lower.
Peter E asked Jamie when he talks about grade is he talking about finished filled grade or existing grade. Jamie said existing grade.
Dennis P asked if the house he saw on the site visit will now be 1’ lower. Jamie said yes.
Jamie showed an overlay of his house over the neighboring houses to show it did fit in with the area.
Alex W said he did not draft a new staff report and the report the Board was looking at now was the same as the one from April. He said the question is has Jamie addressed the legal issue regarding his ability to expand a non-conforming structure now that there is some degree of overlap.
Tom asked if there were any questions from the public.
Lou Mulieri said he thought a balcony was not considered part of the footprint. He stated without a scale drawing showing the elevation of the new house it is hard for him to see the improvement Jamie is claiming for his view of the lake. He said he would like the Board to not make a decision on this application until he can convince himself of the improvement in the reduction of blocking his view.
Alex W put up past slide showing the view from the Mulieri’s deck for Jamie to show the improvement.
Dennis P asked if the tree that was in the photo would be taken down, which would help with the view for the Mulieri’s and Jamie said it would.
There was discussions regarding grade levels, septic flow, benchmarks, waste water, and drainage.
With no new questions Tom made a motion to close the public hearing and take this application up in a deliberative session. Greg W seconded the motion. A vote was taken 4-0 - THE MOTION PASSED. Kate B. abstained as she has not been involved in the application before tonight.
Verizon: Conditional Use
Board: Tom, Dennis, Kate, Dick, Greg
Jeremy Farkas was representing Verizon and said his understanding of this application is that it had been closed and approved then Peter E found the Board had not addressed one of the criteria in the site plan. This dealt with the minimum amount to be spent on landscaping. Peter E said he issued a warning more than 15 days ago and the minimum amount to be spent on landscaping didn’t need to be addressed because there was a deminimis impact in this case. Jeremy said from his understanding the appeal period for that ruling has expired.
Alex explained when the Board realized that there was criteria that had not been discussed openly or treated by the applicant they had instructed the reopening and warning so it wouldn’t present a legal issue for Verizon. He said the deminimis determination is something unique to telecom facilities in that the State Statues gives the Zoning Administrator the ability to render what is called a deminimis determination when there appears to be no impact on a particular regulatory standard.
Greg W said since this application has been warned and reopened the Board should at least consider whether any landscaping should be required.
Peter E said if the Board felt landscaping would be required it does not have to be held to the financial standard.
Tom M asked if there were any comments from the public. There were none.
Greg W made a motion to close the public hearing and direct staff to write Conditions of Approval. Dick J seconded the motion. A vote was taken - 5-0 THE MOTION PASSED
Godfrey: 2-lot subdivision Final Plat
Board: Tom, Dennis, Kate, Dick, Greg
Lisa Godfrey displayed a map showing her property and the surrounding her properties. She showed where the building envelope was located, where the leach field was located and showed the old driveway, stating it was going to stay where it is located and not moved to the other side as was suggested at the last meeting.
Dick J asked if they had any problems with the neighbors regarding the project. Alex W said he had heard from David and Helen Nagel who stated they do not want the driveway moved as they do not want it next to their property.
Ed Godfrey said he and Lisa were okay with either side for the driveway.
Tom M asked it there were any questions from the Board or public. There were none.
Tom M made a motion to close the public hearing and approve the Draft decision with changes to the elevation within the building envelope. Greg W seconded the motion. A vote was taken – 5-0. THE MOTION PASSED.
McGlenn: Revision to a previously approved subdivision
Board: Dennis, Kate, Dick, Greg
Tom M recused himself from the Board as this was his application. Zoë Wainer, who is Vice Chair, was absent for the nights meeting so Greg W presided over this application.
Tom M displayed a map and showed where in the previous plan there was a little under 200 sq.ft. of his driveway that crossed over his neighbor Ken Castonguay’s property. He said what he and Ken agreed to do was to swap that portion of property with some down at the bottom of the driveway. This was in the existing right-of-way of the previously approved subdivision. Tom showed that this exchange would shift the right-of-way over 50’ to the north.
Greg W asked if the realignment of ownership issues in any way effect any responsibilities as to grades or maintenance or anything with respect to the driveway as it relates to the discharge of water. Is this a culvert issue and will it be effected.
Dick J said previously both parties were talking about potentially having to widen the lane as more houses went in so now that the piece of property is cut off the corner is there room to widen it to the northeast. Both Tom and Ken felt there was no impact by the property line.
Greg W asked if there were any more questions from the Board or the public. There were none. Greg W asked Tom’s neighbor Ken Castonguay if he was satisfied with this swap. Ken said he was.
Greg W said the Board did have a Draft Decision and made a motion to close the public hearing and approve the draft decision. Dennis P seconded the motion. A vote was taken. THE MOTION PASSED
Other Business:
Tom M rejoined the Board.
Full Moon Farms: Farm Workers Housing
Board: Dennis, Tom, Dick, Greg
Dick J asked if the only reason this is possible is that it is on the land where the farming is occurring. He asked if someone could have an empty silo and put some apartments in it to house farm workers that work across the street.
Alex gave an explaination of what the regulations would allow regarding this type of housing.
Greg W said that would be a Conditional Use and the Board would have to approve it.
Kate B asked if the trailer that is on the property now will have to be removed once they build their house. Peter E said it would.
Dick J asked if the Board needed any kind of order for the discontinuation of the facility if the farming ceases. Tom M said they could add it to the Order just to make sure it is addressed.
Dennis P asked if farming stops would the silos have to be put back into the original condition.
Tom M made a motion to approve the Draft decision with the addition of the discontinuation clause. Dick J seconded the motion. A vote was taken - 4-0. THE MOTION PASSED. Kate B abstained as she has not sat in on any meetings for this application.
By the Stream:
Board: Dennis, Tom, Dick, Greg
Greg W said he had a few issues with this application. He went through each one and Peter E discussed each issue and at the same time corrected the language/verbiage for each. Greg said he felt they should clean up the verbiage.
Peter E read the corrections Zoë W had given him and the Board made the adjustments.
Tom M made a motion to approve the Draft decision as amended, Dick J seconded. A vote was taken - 4-0. THE MOTION PASSED. Kate B abstained as she has not sat in on any meetings for this application.
Tom M made a motion to close the public hearings and have the Board go into deliberative session to discuss the Carroll application. Dick J seconded. A vote was taken - 4-0. THE MOTION PASSED.
The Board went into deliberative session at 8:50pm.
Tom M adjourned the meeting at 9:20pm
Next scheduled meeting: June 15th
Respectfully submitted,
Mary Seemann
(Recording Secretary)