Town of Hinesburg

Planning Commission

Meeting Minutes

April 14, 2010

- DRAFT -

Members Present: Joe Iadanza, Carrie Fenn, Johanna White, Bob Linck, Jean Isham, Tom Ayer, Will Patten, Ray Mainer, Tim Clancy

Members Absent: None

Also Present: Alex Weinhagen (Director of Planning/Zoning), Mary Seemann (Recording Secretary), Brandy Wood, Jim Collins

Jean opened the meeting at 7:35 pm. She started off the nights meeting by welcoming the two new members, Bob Linck and Ray Mainer. Introductions from members were made.

Flood Hazard Regulations

Jean read that the first item on the agenda was flood hazard regulations; revisiting discussion on allowing new fill in hazard areas for public projects e.g. recreation fields. Jean said she had a conversation with Mike Bissonette and he said the word that should be used is “space” not “fields.”

She stated she was not at the last meeting but has read the minutes and stated she is not sure where they should be going from here and asked if anyone wanted to start.

Carrie Fenn said she had read Alex Weinhagen’s memo of March 19th and while reading it she read about the Town being able to fill and not having an impact of more than a foot of water dispersed elsewhere on other people’s property. Carrie did not like the idea of a foot of water on anyone’s property and didn’t want anyone to end up with that much water on their property. She doesn’t feel the Town should be able to have that impact. Carrie stated she is feeling they are making a special case for the Town to have recreation space and is not setting a good example. Joe said he thought it was that there would be no impact downstream. Carrie read the regulations regarding this fact.

Alex explained that was FEMA’s rule of thumb that you don’t get to bring the water up more than a foot. Alex said the way they have the draft regulations written, previous to that being added didn’t say anything. Alex told the board that they could change it but there has to be something between zero and a foot. Jean asked wouldn’t it be more appropriate to allow fill if it is not going to impact water levels on properties, other properties that are not owned by the Town. Carrie agreed that would work.

Joe said his thinking was that there are two classes of projects the Town can embark on and one is for those things that can’t be anywhere else, and the other is the things that we have a choice of where to site them. Joe said he doesn’t feel that anyone, being a private citizen or even the Town should have to endure a foot of water. Bob Linck said the whole story of the river issue over the last many decades is like death by a thousand cuts. We have been encroaching on the flood plain, building bridges, and doing things that have exacerbated the situation to the point where it’s costing millions and millions of dollars throughout the State and now we are trying to backup and reclaim some of the natural flows. Bob stated that every time we make an exception we are backtracking towards what we have been trying to get away from. Bob feels if it is the type of thing that you don’t have to do it, then let’s not do anything in the flood hazard areas.

Tim said what they were trying to do was to preserve an option in case there was a compelling interest/reason that the Town wanted or needed to do something in the interest of the “greater good”; it didn’t give a free reign, there was a limitation of a foot. Tim said he thinks it is the appropriate thing to do to allow the option to be preserved. Ray said if we leave this one open what else could be left open. Tim said that it would have to get through the Selectboard and public hearings before anything was done. Will stated he thought this had passed and the only wrinkle was the “foot”.

Jean read that Will had made a motion to direct Alex to make a sub-section “C” that gives the Town flexibility to use fill to create or improve public facilities. Carrie asked for a reconsideration of that vote. Tom said he agreed with Tim, he didn’t want to slam the door on anything in these areas. Tom said he felt it foolish to tie ones hands on every ounce of land that might have something happen to it. Jean said the motion didn’t say anything about a flood. It just says flexibility to use fill to create or improve public facilities. Jean suggested that language was needed to address the impact. Alex said they could change the development standard, the board could word it anyway they wanted. Bob stated he was not sure how one would really utilize that clause. Tim said the FEMA standards are used for this type of purpose and seems to him that this would preserve the option. There was a discussion on how using fill could impact property, be it positive or negatively and asked what constitutes “greater good”. Alex gave a brief description of needing and getting a Variance from the DRB for special need with fill in flood hazard area. Jean said she thinks there is a unique opportunity in Hinesburg to not impact the flood hazard areas. Tim stated he felt we had a unique opportunity in Hinesburg to create the type of town they want. Will said the one thing they all have in common is no encroaching into the flood hazard area should be done such as to negatively impact any adjoining land owners. Tim pointed out that two months ago there was nothing on the flood hazard area, and we are now working on adopting the FEMA standards which are pretty restrictive along these standards.

Jean asked Alex what one would have to prove in order to get a variance and Alex looked up the exact statutes and read them to the board. Jean said that this is an area where we would want a high standard. Jean said that Andrea Morgante and Lisa Godfrey helped work on the proposed regulations and they all feel strongly that this is the time to take this step. Will asked if she meant to enact the regulations. Carrie said she felt that everyone was in favor of the regulations, except for this one issue and made a motion not to change Section 6.9.2 – to allow public facilities and new structures in the flood hazard area. Tim thought they had voted on this and Will said it was a motion to direct Alex to draft language and didn’t think reconsideration was in order. Jean re-read the motion and said they had to approve the regulation language as a whole before it can be submitted.

Bob seconded the motion. Jean reiterated that the motion would remove the language from the proposed regulations pertaining to allowing the Town flexibility to use fill to create or improve public facilities.

A vote was taken; 6-3 In favor: Jean, Joe, Johanna, Carrie, Bob, Ray. Opposed: Tom, Tim and Will.

ADDENDUM

Alex said they have done a lot of work to this point and have had a public hearing which was required, there is a set of proposed draft regulation revisions to the flood hazard areas and his question to the Commission was if they wanted it to be forwarded to the Selectboard right away or do they want to keep it for awhile longer and maybe in June/July forward it on when they talk about the regulation changes for the Village Growth area. Bob asked what the advantages and disadvantages are for sitting on it awhile longer. Alex said the advantage would allow the Selectboard to adopt changes once in a year instead of multiple times, thus having regulations for this period of time and then having to change them again later in the year.

Joe asked to be reminded if they sent them on does the Selectboard do they have a set amount of time to act and Alex said they would have to act within 120 days. Will said he felt they should hold on and submit them all at once. Tim said that the downside is that the old regulations would still be in effect. Alex pointed out that the fluvial erosion area is a new designation that the current regulations don’t recognize, but they are in effect now. Joe said that they are not planning on revisiting this in six months so it should be moved on, why leave it on the table. Alex explained the process the Selectboard goes through when they receive items for decisions. Jean said she felt it was a good idea for the Planning Commission board to go to the Selectboard meetings when they are discussing something that the Planning Commission has sent them.

Johanna made a motion to send these regulations on to the Selectboard, Ray seconded the motion. A vote was taken. The Motion Passed.

Town Plan Revisions

Jean asked if all had a chance to read the regulations. The Commission went through the regulations by Sections, discussed items in need of clarification and discussed the verbiage used. Alex explained that some of the sections were written by other committees and he put them in the regulations as they pertain to the subject matter. Each section was discussed in detail with various inputs from the PC. Will said the Saputo Committee would like to add language to that section and asked is that committee should draft the language for the Saputo section.

Minutes for March 24, 2010

After corrections were made Carrie made a motion to accept the minutes as amended, Will seconded. A vote was taken. The Motion Passed.

Johanna told the committee that she will not be at the May 12th meeting, Tim said he will not be available for the April 28th meeting.

Will made a motion to close the meeting, Ray seconded. A vote was taken. The Motion Passed.

Meeting came to a close at 10:05pm

Respectably submitted,

Mary Seemann

Recording Secretary