Town of Hinesburg
Planning Commission
Meeting Minutes
February 10, 2010
- Approved March 10, 2010 -
Commission Members Present: Carrie Fenn, Jean Isham, Joe Iadanza, Tom Ayer, Will Patten
Commission Members Absent: Fred Haulenbeek, Ashley Orgain, Tim Clancy, Johanna White
Also Present: Alex Weinhagen (Director of Planning and Zoning), Mary Seemann (Recording Secretary), Bill Linck
Jean called the meeting to order at 7:40 p.m.
Flood Hazard Regulation Revision: (cont’d from January 27, 2010 meeting): Alex passed out Flood Hazard Regulation Revision Article 6 with more revisions. Alex sent a copy with the changes the Board made to Ned Swanberg (VT Environmental Analyst) who provided feedback. Alex said he went back and made the changes that the Board had talked about at the last meeting and those that Ned said we had to make in order to be compliant with the National Flood Insurance Program.
Alex also asked Peter Erb (Zoning Administrator) for his input on the changes and verbiage as he will be the one enforcing them. Alex asked the Board to look at some areas of special interest; the first one regarding storage and junkyards. Alex said that he and Peter thought there needs to be, from the State, a better definition of what storage is as they are prohibited in the flood hazard area. It was discussed that there also needs to be a clear definition as to the size of the storage area. Carrie said she thought 10 cubic yards of storage for a household was a lot of storage that could be in the floodway. Alex said that this is going to be an issue for the homes already in the flood area, whether they can store things outside in their yards. Will asked how much leeway there was with the regulations because right now there is no definition of what storage is or the size limits. FEMA wants it in the regulations, but there is no specification as how to define it.
Alex thought that if they make a definition they would want to exclude structures regardless of size and focus more on loose items. Joe stated the real intent is to prevent blocking of culverts. This brought a discussion of structures size, set-backs, items that homeowners store on their property that could become a hazard in case of a flood, and set a size to fit in to the FEMA parameters. Alex suggested that it be made clear that the Board would be talking about new structures, not one that is pre-existing. Jean asked what is a reasonable size for storage to deal with and yet comply with flood insurance. This led to more discussion on size, cubic yards, and old versus new. Ned’s model language uses 10 cubic feet and Jean suggested making that lower.
Alex reminded the Board that the State’s flood hazard models assume that all the culverts stay unplugged and work but once you have a failure the models are out the window. If that should happen it would lead to homeowners, who are out of the area and who did not buy flood insurance, being affected by a flood. Ned had included some possible text for the definition of storage that the state could approve and which he thought FEMA would accept. Alex explained that Ned wants all towns to get their definitions/regs in order soon in case FEMA comes back with an unexpected problem. The towns would still have a month or two to revise the regs and be compliant.
Alex said that he and Peter were going to try to revise the section on non-complying structures and non-conforming uses to be more specifically addressed to existing structures, storage and the like. If a homeowner wants to relocate, replace or enlarge the non-complying use they would have to go in front of the Development Review Board and meet the standards in Section 7 of the Flood Hazard regs. Alex gave an example of; if the property has been damaged by 50% or more it has to be rebuilt outside the area. Alex said that the revision could include definitions of existing structures, existing storage and then get Ned’s feedback on it.
Jean brought up the RV issue. Alex said that to be compliant with flood insurance Peter will have to start giving out permits to RV’s kept in the flood hazard area. Jean brought up the suggestion that we could prohibit them. Alex agreed that that would be easier. Jean added that people who own an RV should probably look for better storage to keep them out of the hazard area. Joe added that the RV is the only thing on the property that the homeowner can move. Alex said that it states in the regs that any RV must be road ready. It was discussed and decided to leave the RV item in as is (requiring a permit).
Alex said he had to add back in development related to septic or water supply systems that are in the hazard area. Ned informed Alex that FEMA states you must at least look at the ground breaking piece of it. Alex said he told Peter that when someone comes in for a “new” house and they are close to the flood hazard area he will have to ask them if anything is in the area including the well or septic. Joe suggested that most homeowners do not know the regulations and the fact that they have changed; perhaps an article in the paper explaining them would be a good thing to help the community in general and Alex agreed. Carrie suggested that a mailing to the people who are affected might be enough. Alex stated that the number is small and that there are monies available to help homeowners relocate their houses to a safer location. Alex suggested that once everything is in place articles in the local paper to keep homeowners up to date would be a good idea.
Carrie brought up accessory apartments and Alex said that was a suggestion from Ned, that anytime a residence is added in the flood hazard area there are different standards that are applied in the development section. We want to make sure people are aware that it requires a higher level of review and is different from just putting up a shed.
Alex said that Peter recommended having a preamble to the development standards section. A couple of sentences could be added to make it clear that it is the responsibility of the applicant to provide the evidence to show that they are meeting the standards, it is not up to the Zoning or DRB to prove. There also needs to be a sentence stating that the Zoning Administrator or DRB may require addition information or certification if necessary.
Alex stated that if there were no other items he would like to tidy this revision up and figure when to have a public hearing on this in order to get additional feedback and then pass it on to the Select Board. Jean said that should be done sooner rather than later. Alex said he was trying to map out all the items that need to have hearings and see if some can be combined. Alex stated that this one is the most pressing and should not be stalled. The Town Plan also has to be adopted by the Select Board by June and there will need to be a public hearing. The Village Growth plan will need a hearing but that is not as tight a time-line. Alex suggested having a hearing in April as this would give the Select Board time to make changes or suggestions before adopting it.
Will asked what the urgency was on the Flood Hazard Plan. Jean said if we don’t have them in place then we can’t get flood insurance. Alex interjected that our eligibility from the National Flood Insurance Program rests on having all these things in place. Alex stated that FEMA does not expect them until September but the sooner we get them done the better. Early will give us time to correct any problem there may be. Alex said he feels that the changes are ready for review at the March 10th meeting and said he would put an article in the Hinesburg Record explaining that the regs are going to be changing, to look for a public hearing and watch the website for further information. Jean said she thought everything should be done to put this on the March meeting so it will keep moving. Alex agreed that was a good idea. Carrie suggested sending notices to the families in the flood area to remind them of the hearing.
Town Plan Revisions: Alex states that he has been working on statistics. He is juggling the Regional Planning Commissions estimate of population growth with a local demographer, Bill Smith, who does all the projections for Chittenden County School Districts, and with the Census Data. In the last plan it said our town plan estimated and annual growth rate of 1.7% in population. The Census estimate since 2000 shows that was a wild overestimate, we are not growing anyway near that fast. Bill Smith’s figures are more conservative. He basis his information on births, deaths, immigration and emigration. Most growth projections are based on past growth and estimate on job creation and how many new people will be needed to fill those jobs. Alex wants to present a plan showing a lesser growth in population.
Election of Officers: Jean announced that Fred had turned in his resignation as Vice-Chair and the Board needs to elect a Chair and Vice-Chair. She said she would be happy for another member to take the Chair position but she would stay on if no other member would like it. Will nominated Jean and Carrie seconded. The motion passed 5-0. Jean graciously accepted. Jean said the Board needs to elect a Vice-Chair and she will not be here in March. Will nominated Joe Iadanza and Carrie seconded. After Alex explained to Joe what the Vice-Chair does the motion passed 5-0 Joe accepted.
Minutes: Will made a motion to accept the minutes from the January 13th and 27th meetings as amended, Carrie seconded. The motioned passed 5-0.
Other Business
Alex read that on March 8th at 8 p.m. the Select Board will hold a hearing on the question of discontinuing 6 Ancient Roads and have a discussion of whether the Town wants to keep the Right-of-Way of these roads. Alex stressed that this is just a hearing on whether to discontinue the roads. The Board has a map showing some of the roads in question.
Will gave an update on Saputo: Will said that there has been some activity on the property and told the Select Board that there are three options:
1. The worst being we stand on the sidelines and watch somebody develop it.
2. The best would be the Town take it over and make it into something the Town envisions.
3. Some benevolent developer will work with the Town to develop their vision.
Will went on to say that there are two developers who are willing to work with the Town, and one has offered to buy the property. The price has come down quite a bit and Saputo is not in a rush to sell, it was appraised at 1.4 million. Alex asked Will if he thought if a reasonable offer came in that Saputo would take it and Will said he thought yes.
Will made a motion to adjourn the meeting and Joe seconded. The motion passed 5-0. Meeting adjourned at 8:45 p.m.
Respectfully submitted,
Mary Seemann