DRAFT – UNAPPROVED BY THE SELECTBOARD
Selectboard Meeting - December 7, 1998
Attending the meeting: Lynn Gardner, John Guttler, Randy Volk, Andrea Morgante, Kathleen Ramsay, Al Barber, Victor Giroux, James and Mark Burnett, Joe Iadanza, Ann Iadanza, Robin Scott, Doug Scott, Tim Ehrlich, Amy Skelton, Joe Fallon, Patrick O’Brien, Jeanne Wilson, Chris Morrell, Rocky Martin, Bernard Giroux, Stuart Pierson.
Lynn called the meeting to order at 7:00 p.m.
Lynn opened the Public Hearing on Application of James and Mark Burnett for Certificate of Approval for Location of a Junkyard. He provided the following background information on the application to date.
James and Mark Burnett have submitted an application for a Certificate of Location of a Junkyard.
The Board heard testimony on the application on September 14 and September 21, 1998.
On October 5, 1998, the Board referred the Burnetts’s application to the Zoning Board of Adjustment for their review and left the Selectboard public hearing on the matter open pending Zoning Board action on the matter.
The Zoning Board reviewed the Burnett’s application and issued a Certificate of location for a junkyard on December 1, 1998.
Now, having received the minutes of the Zoning Board meeting and the Board’s Certificate of location for a junkyard, this is the continuation of the public hearing on the Burnett’s application. We will hear testimony on the application this evening and discuss all issues brought before the Board with our Town Attorney to determine where the Board’s discretion lies.
We currently have the following entered as testimony in this matter:
The Board’s meeting minutes of September 14, 1998
The Board’s meeting minutes of September 21, 1998
A letter signed by Joseph Iadanza, Ann Iadanza, Amy Skelton, Tim Ehrlich, Robert Stanley, Kareen Stanley, Douglas Scott, Robin Scott, Chris Bradley, Erin Paradee, Kevin Paradee, Kathy Karg, Richard Hart, and Susan Minoli
Dated September 21, 1998
The Zoning Board’s meeting minutes of November 17, 1998
The Zoning Board’s Certificate of Location of a Junkyard
Ann Iadanza’s letter of November 19, 1998
Fred Blais’ letter of December 3, 1998
Kathy Karg’s letter of December 7, 1998
Submitted at this meeting were; letter to Doug Scott from Fred Blais Appriaser Inc. dated December 3, 1998
Richard Hart’s letter of December 7, 1998
and Sound pressure level information from Joe Iadanza.
Doug Scott, adjacent landowner, spoke of the letter from the appraiser regarding decrease in property values if level of activity in junkyard increases. He pointed out that Ridgeview Estates consists of 7 lots with value of $997,200 and the Junkyard lists at $50,800 with the duplex house at $82,400. Doug reviewed the history of concern debated with past businesses on Rt 116 at the entrance to the Town and asked for the same consideration in this issue.
Joe Iadanza stated there is no official stamp on the Zoning Board decision which he feels was written mainly by the Town Attorney, no description of the boundaries of the junkyard. He sees this as a change in use that warrants extra foresight for these reasons 1- bringing in large equipment that was not there, 2 - junkyard was not run as functioning yard and 3 - measurements of sound are 65 decibels for a passing school bus and 90 for dropping a tub of metal. He requests concern by the Town to protect this area and requests an explanation of the decision made.
Patrick O’Brien said he has the same concerns as the neighbors to the south of his property and is not sure this is the right place for this occupation.
Amy Skelton concurs on the concerns. She stated 90 -100 decibels is the level of contained sound at a music concert.
Vic Giroux stated the sound measurements were taken at 100’ and was a sudden noise not continuos noise.
Joe Fallon, representing Giroux, addressed the statements made by pointing out those issues are zoning issues and are not before the Selectboard, also value is not an issue before the Selectboard. Screening is the issue and pollutants for which there have been no allegations of smoke or pollution. In regards to the boundary issue posts can be driven in to identify the lines.
Doug Scott referred to a copy of the DOT information on screening for a junkyard.
Joe Iadanza stated he interprets the Statute as not only addressing the screening issue.
Randy moved to close the public hearing, second by John and approved.
Lynn stated the Board will check with the Town Attorney on performance standards. Also check on
the southern fence needs repair though some fence has been put in and trees planted.
Condition that would continue use a junkyard and contain use to present area by conditions of containment.
Look at noise levels - define them and agree to acceptable levels.
Check exactly what is the scope of the ability of the Board to look at on this issue.
Community Police Chief Chris Morrell - re: Community Police Department Budget Request
Matters to discuss:
vehicles (you asked to look at this at budget time when PD increased to 3 vehicles)
additional full time grant officer
traffic control at major intersections during rush hours
Computer request - the dept will be getting mobile data terminals which were supported by a grant, requesting in addition to upgrade the abilities in the office to tie the system together.
Animal Control Budget - level funded with a line item added to clarify where kennel fees should be charged.
E 911 - move maintenance of signs to Highway Dept.
Fire Chief Bernard Giroux and Assistant Fire Chief Al Barber - re: Fire Department Budget & Position of Chief
Bernard will be stepping down as chief and advised the Board it has been customary for the Board to make the appointment of the recommended person for chief. The Fire Dept recommends Al Barber to be the new Fire Chief.
Budget Level-Funded.
Need to know timing of purchase of new pumper and building addition - move both up a year.
Public Works Director Rocky Martin
Discussed burning of the demolished building. Al Barber said the Fire Dept is set to burn this Sunday morning. Rocky will contact all neighbors to advise. Trees will be cut before the burning. After it is burned, stones will be moved to the Town garage, fill and level as necessary.
Budget Requests for
Municipal Buildings
Recycling
Landfill Closure
Parks - include discussion of plowing to P.O. Rod Carpenter will plow this.
Sidewalks - 10,000 will pave from bridge to P.O. and crosswalks.
Street Lights
Also:
Highway Department budget issues - preliminary input - minor paving project
Hodgkins’ Hedge - will move to improve sight for safety reasons
Saputo Foods Upgrade - will check on condition of pipe and will require cleaning before
building permit is issued
Need engineering on water meters and water storage tank - will put out to bid.
Other Business:
Approve Warrants/Randy moved that the Board vote to approve the warrants for bills payable as prepared by the Town Treasurer. Second by Andrea and approved.
Approve Minutes/Meeting of November 30/ John moved that the Board vote to approve its meeting minutes of November 30, 1998. Second by Andrea and approved with Randy abstaining.
Driveway Permit/Richard Gadbois/Sherman Hollow Road/ John moved that the Board vote to approve the driveway permit application of Richard Gadbois for a road cut on Sherman Hollow Road, subject to the terms and conditions placed on the permit by the Town’s Road Foreman and the terms and conditions of all other state and local permits required for the development of this parcel. Second by Randy and approved.
Reserve Carry-Overs for the Year Ended June 30, 1998
John moved that the Board vote to carry-over the following amounts from FY97-98 to FY98-99:
Sidewalks - Capital Improvements (from prior years) $6,074
Highway Department - Capital Improvements (from prior years)
(For Richmond Road) 24,565
Highway Department - Mechanicsville Road Intersection
Improvements FY97-98 Act #440-5102-00.05 22,000
Highway Department - Texas Hill Road Improvements
FY 97-98 Act# 440-5102-00.06 24,280
Police Department - Radio Upgrade FY97-98
Act #440-4150-81.00 2,883
Hinesburg Land Trust FY97-98 Act#440-9400-00 1,000
Land Preservation Fund FY97-98 Act #440-9500-00 5,000
Planning Commission Regional Dues FY97-98
#440-3600-60 1,820
Recreation Path Committee (from prior years) 3,500
Second by Randy and approved.
Water System Upgrade Update:
Procurement and Installation of Water Meters
Procurement and Installation of Water Storage Tank
ECI/Invoice for installation of waterline to skating rink/ Andrea moved that the Board vote to approve the payment of ECI for the installation of the waterline to and hydrant for the skating rink from account #330-5488-83 Second by John and approved.
Chittenden County Metropolitan Planning Organization Update - Andrea suggested Rocky attend TAC meetings.
First Response Update - do not need approval of change at Town Meeting
Cost-of-Living Adjustment for Budget Year 1999-2000 - consensus of the Board to set the cola at 2.5%
Personnel/Authorize Alcohol at Town Garage for Holiday Party/John moved that the Board vote to authorize the presence of alcohol at the Town Garage for the annual holiday party on December 11, 1998.
Second by Randy and approved with Andrea opposed.
Additions to the Agenda:
Andrea moved the Board vote to approve Irena Case’s request for reimbursement of dog damage in the amount of $16 for the loss of two roosters. Second by John and approved.
Reminders:
Seneca Creek Site Visit, Wednesday, December 9, 8:30 a.m.
·
.Town Holiday Party, Town Garage, Friday at 4 p.m.·
.Hinesburg Business and Professional Association Wine & Cheese Party, CHP, Tuesday, December 15, 6-8 p.m.Joe Fallon’s Open House, Friday, December 18, 4-7 p.m. The Board reviewed what they want to check with the Town Agent on the junkyard issue:
condition that they must perform to zoning performance standards
establish size
fence kept in repair
check if grandfathering a junkyard or metal processing facility. Randy moved to adjourn at 10:15 p.m., second by John and approved. Respectfully submitted,
Respectfully submitted,
Valerie Spadaccini