Town of Hinesburg
Development Review Board Minutes
September 6, 2011
- Approved Sept 20, 2011 -
Members Present: Kate Myhre, Dennis Place, Ted Bloomhardt, Tom McGlenn, Zoë Wainer
Members Absent: Greg Waples, Dick Jordan
Also Present: Alex Weinhagen (Planning/Zoning Director), Mary Seemann (Recording Secretary), Peter Erb (Zoning Administrator), Steve Rowell, Carmie Rowell, Sarah Murphy
Tom M called the meeting to order at 7:32 p.m.
Minutes from August 2, 2011: Zoë W moved to approve as amended. Tom M seconded. A vote was taken. THE MOTION PASSED 5-0
Green St. LLC: Tax Map #20-50-43.000 - Final Approval for property located in the Village District on/at Green Street. This review will be continued to the October 4th meeting per the Applicant’s request. The DRB will need to make a formal motion to continue this application at the October 4th meeting.
Tom M made a motion to continue this application at the October 4th meeting. A vote was taken. THE MOTION PASSED 5-0
Baker, Ken & Nancy: Tax Map #17-20-45.000 – CU-Expansion of Non-Conforming structure for property located in the Shoreline District on/at 68 Sunset Lane.
The applicant is seeking approval to add a 22’ x 12’ deck with screened porch onto the existing house.
Ken B gave a description of the deck and screened porch he is hoping to add on to his house. Nancy B showed a picture of the property and pointed out where the old porch was and where the new porch will go. Some neighbors attended the meeting and told the Board they were not concerned with what the Baker’s wanted to do on their property.
Nancy B went on to say the garage was not in the picture she had shown and said that it is closer to the road then what the porch would be. Tom M asked if there were any more houses in the area, and Nancy said yes. Ken said they are both retired and would like to enjoy the deck and porch.
Tom M asked if there were any question from the public, with no response Tom M said to the Board members that they did have a draft decision in front of them.
Ted b moved to approve as written, Dennis P seconded. A vote was taken. THE MOTION PASSED 5-0
Rowell, Steve & Carmie::Tax Map #04-01-20.000-Subdivision Sketch Plan for property located in the Agricultural District on/at 516 Weed Road. This is continued from the July 15th meeting. Questions about the ownership of Weed Road, whether it is the town or the residents and what class type the road it is listed as.
Tom M started this application where the Board left off at their last meeting: Wetland Delineation.
Steve said he had spoken with Dory Barton about putting a culvert in an area where there were cattails. Steve R also contacted Julie Foley who came and walked the property and looked at two possible locations for the driveway. Steve R said he has an appointment with Dory for the completion of the wetland delineation, at which time the location of the driveway will be decided. Steve said he got a hold of Bud Allen, the town’s attorney, and basically what Bud is saying is that Weed Road appears to be a Class 4 road and that is perhaps the way the DRB should look at it.
Alex W said to Steve if his sketch plan gets approval he will have to go through a curb-cut application.
Tom M said the Board members did have a new staff report in front of them. He said it looks like the only thing the Board hasn’t discussed is the density issue of the area. Steve said there will not be houses on any side of his subdivision so the area would not become denser with houses.
Tom M asked Peter E if he knew what was on the other side of the boundary line, the Shelburne side. Tom M asked if there was a development in place or starting. Steve said there is a development and it is with the Tom Bushy property.
Tom M asked if there were any questions from the audience.
David Hirth, a neighbor living on Weed Road, said last year he walked the land with Steve. David H said he thinks the proposed house site will not be intrusive or visible from Weed Road.
Patrick Gargion, another neighbor said he has no problem with the density and proposed house lot Steve is requesting.
Zoë W asked if the road is a class 4 does that mean the town is responsible for the upkeep of it? Alex W said the town does not have to maintain class 4 roads to any specific standard. Culverts however do become the town’s responsibility. Peter E gave an example of how one applicant handled the maintenance of Shadow Lake. Peter E said the applicant did a camp conversion and he was responsible for the road. The applicant set up a legal association and everyone living on that road was encouraged to join thus sharing the cost of the road upkeep.
Steve R said 3 of the 5 spots (one every 500’) indicated as good pull-off spots are spots what would not require a culvert. Carmie R said the Board needs to determine the width of the road.
Peter E agreed saying in some areas the road is 16’ wide in other 12’ wide.
Patrick G was concerned about snow drifting across Weed Road. He wondered if taking out any more shrubs would let more snow drift across the road and pile up making Weed Road impossible to use.
Tom M made a motion to close the public hearing and direct staff to come up with a draft decision for conditions of approval.
Zoë W questioned the wisdom of closing the public hearing now. She said she would hate to discover something later after closing the public hearing, that hadn’t been discussed, brought up or voted on which might change the outcome of the application.
Tom M moved to keep the public meeting open and directed staff to come up with conditions for approval which will be reviewed at the Oct 4th meeting. Dennis 2nd. A vote was taken. THE MOTION PASSED 5-0
Jolley Mobil: Tax Map #16-20-68.000 - Sign Approval for property located in the Commercial District on/at the corner of 22 Commerce Street and Route 116. This applicant is requesting the placement of a gas price sign on Route 116.
Peter E said Jolley asked for continuation to the Oct 4th meeting. Tom M made a motion to continue this application at the October 4th meeting, Dennis P seconded. A vote was taken. THE MOTION PASSED 5-0
Other Business:
Sarah Murphy (new DRB alternate) was introduced to the Board.
Rules of Procedure: Alex W said Greg W worked to clarify some of these rules. Alex W said it is important for this Board to have a protocol. He said about a year ago he realized the existing rules had been in place since the early 2000. The Board went through Greg’s changes and discussed them. Some of the topics that were discussed:
1. Alternate protocol.
2. Term limits and length of service.
3. Having the two alternates rotate between meetings.
4. Have at least one alternate at every meeting.
5. Abstentions discussed: do they count as a “no” vote.
6. Recusing oneself from a meeting.
7. Participation by Board members.
8. The Board members right to vote someone off an application due to conflict of interest; that is if that member refuses to recues themselves.
9. Disclosure and ex parte communication between Board members and community. It was reiterated that Board members should not discuss any application with the public outside the proceedings.
Tom M made a motion to adjourn. Ted B seconded. A vote was taken. THE MOTION PASSED
The meeting closed at 9:58 p.m.
Respectfully submitted,
Mary Seemann
Recording Secretary