June 16, 2008
Attending the meeting; Jon Trefry, Andrea Morgante, Ken Brown, Randy Volk, Howard Russell, Jeanne Wilson, Joe Iadanza, Al Barber,
Meeting called to order at 7:00 p.m.
Renewal of Certificate of Approval for Location of Junkyard / Burnett Scrap Metals, LLC: This certificate of approved location was last renewed in 2003, and as outlined in Title 24 VSA § 2255, certificates of approval shall be renewed thereafter for successive periods of not less than three nor more than five years upon payment of the renewal fee without hearing, provided all provisions of the subchapter are complied with during the preceding period, and the junkyard does not become a public nuisance under the common law. Any person dissatisfied with the granting or denial of an application may appeal to the superior court for the county in which the proposed junkyard is located.
The Zoning Administrator advises that, while he has received various complaints about noise and hours of operation from two neighbors over the course of the past five years, no zoning violations were found. He is currently working with the Burnett’s attorney (Joe Fallon) regarding a potential violation of the site plan as it relates to the set-back requirement for two trailers on the parcel. Police Chief Chris Morrell advises that he is not aware of any offenses associated with the junkyard over the past five years, and further advises that the owners have been very cooperative in working with the police department regarding stolen material. The Hinesburg DRB signed a Certificate of Location on May 20, 2008, which states that the junkyard is an existing non-conforming use in the Rural Residential District.
Randy moved that the Board vote to renew the Certificate of Approval for Burnett Scrap Metals, LLC, owned by James and Mark Burnett for a five-year period, to expire on July 1, 2013, subject to the following conditions:
a) The performance standards set forth in the Zoning Bylaw of the Town of Hinesburg § 5.12 and conditions outlined in conditional use permit for this use shall be applicable to the applicants’ operation on the premises in question.
b) The fence and vegetation screening the property from public view must be placed in good repair and condition, maintained in good repair and condition and must comply with the standards for such screening set forth in the State Statute 24 VSA § 2257 and in applicable Agency of Transportation regulations.
c) The granting of this renewal shall in no way indicate the Selectboard’s approval of future activities on the property or the Selectboard’s acknowledgment that future activities upon the property will be in compliance with the Zoning Bylaw of the Town of Hinesburg. The operation of a junkyard and the conduct of some related activities on this property predate the municipal zoning ordinance and have been continued without effective abandonment.Specific activities or uses which have not previously been conducted on the property or which have been effectively abandoned are prohibited by the Zoning Bylaw notwithstanding the granting on the renewal.
Second by Howard.
Joe Iadanza said he has corresponded with the Zoning Administrator several times in regards to the operation. He noted there is a conditional use in place and by laws that cover junkyards and conditional uses. He is frustrated that when he has complained of violations to the ZA there has been no action taken by the ZA. He is asking that the Town enforce the laws that pertain to this operation.
The Board agreed to speak to the ZA and convey the message that if violations are present besides a letter being sent if there are fines associated with the violation they need to be enforced.
The Board also agreed to send a letter to the Burnett’s along with their permit stating they need to be aware of the conditions under which they can operate.
Howard asked if there is a way to monitor after hours operation by having the Burnett’s notify the ZA when they are doing so and he can track the number of times this has occurred. Jeanne will ask the ZA to explore this idea and report back to the Selectboard.
Motion voted and approved.
Work Session on Capital Budget and Program: The Board reviewed the draft and made recommendations for changes and additions. The Board decided to add the capital asset inventory list as an addendum to the document. Jeanne will circulate a revision to Board members prior to the June 30 meeting.
Approve Warrants: Randy moved that the Board vote to approve the warrants (including payroll warrants) for bills payable as presented by the Town Treasurer. Second by Howard and approved.
Minutes of June 2, 2008: Howard moved that the Board vote to approve the minutes of June 2, 2008 as corrected, second by Ken and approved with Randy abstaining.
Discussion of Zoning Fees / Policy for Waiver and Fees for Expired Permits
The Board reviewed proposed and made changes. The Board will revisit this policy at the June 30 meeting, after Jeanne has made revisions to the language.
Discussion of Road Salt Purchasing – The VLCT is now advising that joint purchasing may not be viable as they have heard that suppliers are hesitant to extend the negotiated per ton price to municipalities. The Board asked that Mike Anthony attend a future meeting to give an update on this.
Update on Revisions to Municipal Wastewater Use Ordinance- The revisions were distributed to Board members for review. A public hearing on the revisions has been warned for 7/14 and 7/28 at which meeting it will hopefully be adopted. It will then be effective Sept 29th if there is no appeal.
Appointment of Representative to Lake Iroquois Recreation District: The term of appointment for Carlie Geer as Hinesburg’s representative to the Lake Iroquois Recreation District is due to expire on June 30, 2008. Carlie has expressed an interest in a reappointment. Randy moved that the Board vote to re-appoint Carlie Geer as Hinesburg’s representative to the Lake Iroquois Recreation District for a two-year term which will expire on June 30, 2010. Second by Howard and approved.
Appointment of Representative and Alternate Representative to Chittenden County Metropolitan Planning Organization: Terms of appointment for Andrea Morgante (representative) and Robert Bast (alternate representative) on the Chittenden County Metropolitan Planning Organization expire on June 30, 2008. Both have expressed an interest in reappointment. Randy moved that the Board vote to appoint Andrea Morgante as Hinesburg’s representative to the Chittenden County Metropolitan Planning Organization for a two-year term, which will expire on June 30, 2010. Second by Howard and approved with Andrea abstaining. Randy moved that the Board vote to appoint Robert Bast as Hinesburg’s alternate representative to the Chittenden County Metropolitan Planning Organization for a two-year term, which will expire on June 30, 2010. Second by Ken and approved.
Resignation from Affordable Housing Committee / Alan Norris: Howard moved that the Board vote to accept the resignation of Alan Norris from the Affordable Housing Committee effective immediately. Second by Ken and approved.
Other Board Member Items
Howard and Randy updated the Board on the bond vote on Wastewater. $300,000 is for new capacity and 1.8 million for the upgrade for current users. Also discussed was the quality of the effluent from Saputo and their load levels. The Selectboard agreed to have the committee begin meetings with Saptuo.
Addition to the Agenda
Town Land / Former Bissonette Property
NRCS Contract- Andrea updated the Board on the proposed work and the financial aspect of the contract.
Transfer Agreement from Bissonette’s – Howard moved to authorize the Selectboard Chair to sign the transfer agreement for the contract between Wayne Bissonette and NRCS Dept of Agriculture, second by Randy and approved.
Change of Appraisal Notice - the Board agreed there is no need to appeal.
Bissonette Tax Stabilization Agreement / Release of Land- needs further information.
Andrea moved the Board go into executive session for discussion of legal and personnel issues, second by Howard and approved.
Andrea moved the Board come out of executive session and adjourn, second by Howard and approved.
Monday, June 30th
Vermont Gas Representatives / Natural Gas Service to Hinesburg
Tom Moreau of CSWD / FY 09 Budget
Update on WWTF Upgrade / Wayne Elliot
Renewal of WW Capacity Allocations
Work Session on Village Zoning Bylaw
Monday, July 14th
Public meeting on WW Ordinance
Public meeting and adoption of Capital Budget & Program
Valerie Spadaccini, secretary