July 12, 2010
Attending the meeting: Jon Trefry, Andrea Morgante, Ken Brown, Randy Volk, Howard Russell, Jeanne Wilson, Lida and Dean Douglas, Rocky Martin, Alex Weinhagen, David and Barbara Lyman, John Lyman, Tom Lyman, Mike Anthony, Jan Stoneberg, Mike Bissonette, Tim Casey, George Bedard, Paul Wieczoreck, Brad Wainer, Russell Spies, Janice Osgood, Wayne Bissonette, Mike Fortin, Sam and Jim Collins, Bob Linck.
Meeting called to order at 7:00 p.m.
Lida and Dean Douglas / Reconstruction of Lincoln Hill and North Road Intersection: Lida and Dean Douglas own property on the southeast corner of the Lincoln Hill Road / North Road intersection. They have sent a correspondence to the Selectboard expressing their concern about encroachment onto their property by the widening of the intersection. Dean stated that about 10 yrs ago they came to the Selectboard with their concerns about the intersection and were told the intersection would be “squared up”. That never happened and shortly thereafter markers were placed for intersection work to be done by the Town which encroached further onto their property.
Other problems they raised were with drainage and parking of cars in winter.
Mike Anthony said when Lincoln Hill Marker was put in they shaved the back side of he ditch on the Douglas’ side of the intersection.
The intersection is addressed in a report the Board received from engineer Mike Weisel with the suggestion to change the configuration of the intersection.
Tim Casey, owner of parcel on opposite side of intersection said he has maps that show the incremental increase in the width of Lincoln Hill Rd at the intersection.
The Selectboard is in agreement that the width of the intersection needs to be reduced and will look into the engineers suggestions in his report.
Discussion of Proposed Revisions to Existing Interim Zoning Regulations for Saputo Parcel / Planning for Next Public Hearing: Alex Weinhagen has made revisions to the proposed interim zoning language for the Saputo parcel as discussed at the June 21 meeting.
The Board reviewed the proposed language, made some further minor changes and scheduled a warned public hearing for their August 2nd meeting.
Selectboard Discussion of Proposed Flood Hazard Zoning Regulations and Public Comment on Proposed Regulations: Andrea said she voted against the village growth area zoning changes because she feels this area is important for natural resource systems.
More building on the hills in Town is resulting in more impervious surfaces increasing the chance of flooding in the village area. The economic cost to develop in flood plain and pushing the problem onto some other spot is of concern.
Mike Bissonette asked for the language that defines flood way and fringe areas. He agrees with no building in flood ways but the fringe areas are the questionable ones.
Howard said the current regs allow fill 1ft above flood stage and the applicant has to demonstrate the project will not increase the flood level. But they do not take into account the cumulative effect.
Brett Grabowski replied there is a cumulative effect, but looking at it today takes into account the cumulative effect at that moment.
Bob Linck said this is a one time snapshot and does not account for the cumulative.
Jim Collins said River Management allows for control of waterways.
John Lyman asked Jon Trefry to read State fringe definition “inundation hazards”.
Wayne Bissonette said 50 years ago dredging was done and there were no floods resulting – stone pulled out was crushed and utilized.
Bob Linck replied that River Management shows Wayne’s statement incorrect.
Jim Collins said if you read the reports the phosphorus going into the lake is from erosion of the riverbanks. The Official Town map was only about a year old when these changes came about.
George Bedard said he feels it wrong to change the purpose and undo the work of many individuals and the vote of the Town to get new zoning adopted in this area.
Brett Grabowski said the Town stream set back is about 3 times what is required by the State.
Jon said in regards to concern for plans for future roads and new development areas, over the years the Town has been getting educated about geomorphic changes.
It was asked when the last time the flood plain was flooded and no one present knew when that was. It was also noted the hill roads in Town are not paved so the water is traveling down the same path as in the past from the hills.
Jan Stoneberg, resident across from the United Church on Rt 116, said about 15 years ago after several days of very hard rain the stream next to her home flooded.
Randy said he is not in favor of the new regs. He feels the current Town, State and Federal regulations do an adequate job of protecting area. He feels the Planning Commission did not balance stream protection with Town Plan use of lands.
Barb Lyman asked if the Selectboard or Planning Commission explored the highly impacted properties and the cost of litigation resulting in the taking of these properties.
Bob Linck responded that the takings issue can be applicable to properties down stream also.
Wayne Bissonette said, with the proposed regulations, his offer to the Town of land would not be useful as it would be in the flood area.
It was noted that science has worked on this problem and there are now permeable pavements and culverts.
David Lyman said that the recent application to develop by Citgo required they provide for access to the proposed new road discussed to go through the area in question. He has heard that the Town will then just get the needed variance to build the road. Why not just leave the zoning as is and not have to get a variance.
George Bedard said that variances are not held up on appeal in courts but conditional use can be.
Mike Bissonette agrees that the current laws are in place for a reason and if needed to be stronger would have done so by State and Federal agencies. He also feels this is one sided.
Bob Linck read a statement about NFIP and flood risks.
Barb Lyman said that properties that might be affected in the Village are not buildable anyway.
John Lyman asked when this came up. Alex responded that May or June of last year is when FEMA and Regional Planning started advising towns about changes. John asked why residents were not informed of possible changes before a lot of planning and money went into projects during that time.
Karla Munson said by letting the fields in the Bissonette project grow up for wet lands it has caused flooding in the fields on her property.
Paul Wieczorek said in regards to discussion about the NW district development it is being talked about as if it is a done deal and that if the new flood regs are passed development will be stopped.
Ken said he assumes the Planning Commission had more information then the 2 presentations the Select Board had on the subject. He is uncomfortable approving the proposal as is.
Howard agrees with Jon to send back to the Planning Commission with specific suggestions and concerns.
Jon said he would like the Planning Commission to revisit the areas of the Village NW and Saputo.
John Lyman said he wants to see this kept open for discussion.
Approve Warrants: Howard moved that the Board vote to approve the warrants (including payroll warrants) for bills payable as presented by the Town Treasurer. Second by Randy and approved.
Minutes of June 21, 2010 Meeting: Howard moved that the Board vote to approve the minutes of the June 21, 2010 meeting as amended, second by Ken and approved.
Re-appointment of Zoning Administrator Peter Erb: Peter Erb’s term as zoning administrator will expire on August 31, 2010. As outlined in Vermont Statute Title 24, Chapter 117 §4448(a) the administrative officer shall be nominated by the planning commission and appointed by the Selectboard for a term of three years. At its June 9 meeting, the planning commission voted 8-0 to nominate Peter for another 3-year term. Howard moved that the Board vote to re-appoint Peter Erb as Zoning Administrator for a three-year term which will expire on August 31, 2013. Second by Andrea and approved.
Appointments to Agency Request Review Committee: This newly formed committee has three positions that have not yet been filled. Letters of interest have been received from Amanda Van Vranken and Kate Dodge. Ken moved that the Board vote to appoint Amanda Van Vranken and Kate Dodge to the Agency Request Review Committee to fill two vacancies with terms which expire on September 1, 2012. Second by Howard and approved.
Resignation from Recreation Commission / Chris Cichoski-Kelly: Chris Cichoski-Kelly has advised that he needs to resign from the Recreation Commission effective immediately due to scheduling issues. Howard moved that the Board accept the resignation of Chris Cichoski-Kelly from the Recreation Commission effective immediately. Second by Andrea and approved.
Buried Utility Permit / Vermont Gas on CVU Road: This is a request to install a natural gas line in the right-of-way on CVU Road to access the CVU Bus Barns at 359 CVU Road. Ken moved that the Board vote to approve the buried utility permit application of Vermont Gas Systems to install a natural gas line in the Town’s right-of-way on CVU Road (Tax Map #16-20-46.00) as outlined in the permit dated 6/28/10, subject to the terms and conditions placed on the permit by the Highway Foreman and all state and local permits governing the development of this parcel. Second by Howard and approved.
Buried Utility Permit / Vermont Electric Cooperative on Magee Hill Road (Murray Residence): This is a request to install an electric power cable in the right-of-way on Magee Hill Road to access the Shawn Murray residence at 531 Magee Hill Road. The Murray’s contractor will install the line, and Vermont Electric Cooperative has provided a letter stating that they will assume ownership of the line after installation. Howard moved that the Board vote to approve the buried utility permit application of Shawn Murray and Vermont Electric Cooperative to install electric power cable in the Town’s right-of-way on Magee Hill Road (Tax Map #05-01-09.50) as outlined in the permit dated 6/25/10, subject to the terms and conditions placed on the permit by the Highway Foreman and all state and local permits governing the development of this parcel. Second by Ken and approved.
Request to Work in Town Right of Way / Tim Brown on Magee Hill Road: This is a request to install a pipe to house a sugaring line under Magee Hill Road to connect to the Brown’s parcel located at 952 Magee Hill Road. Ken moved that the Board vote to approve the request by Tim Brown to install a pipe for a sugaring line in the Town’s right-of-way on Magee Hill Road (Tax Map #05-01-08.10) as outlined in the permit dated 6/24/10, subject to the terms and conditions placed on the permit by the Highway Foreman and all state and local permits governing the development of this parcel. Second by Randy and approved.
Review and Approval of Proposed Revisions to Planning & Zoning Fee Schedule: The Board reviewed with Alex a draft of proposed revisions to the Planning & Zoning Fee Schedule. Ken moved that the Board vote to adopt the Planning and Zoning Fee Schedule, as outlined in the “Town of Hinesburg Planning & Zoning Fee Schedule” dated 6/25/10 to be effective September 1, 2010. Second by Randy and approved.
Review of Request to Extend Expiring Wastewater Capacity Allocations: The following have wastewater capacity allocations that expired on June 30, and have asked for extensions:
- Blittersdorf / 3 single-family units and infiltration / 830 gpd
- Green Street LLC / 23 single-family units, commercial space plus infiltration / 5,690 gpd
- Marie Aube Smith / 1 single-family unit / 210 gpd
- Zontanos / 4 single-family units / 840 gpd
- South Farm Homes / 3 single-family units / 630 gpd
- Hinesburg Hillside LLC / 17 single-family, 32 elderly housing units / 7,770 gpd
- Norris / 1 single-family unit / 210 gpd
- K.B Real Estate / 2 single-family units / 420 gpd
- Riggs / 1 single-family unit / 210 gpd
Andrea moved that the Board vote to grant extensions to June 30, 2011 for the above listed wastewater capacity allocations. Second by Howard. Discussed was to notify those holding allocation that not only do they need to continue with progress on their project but the fact that the Board can deny extending the allocation.
Motion voted and approved.
Designation of Wastewater Treatment Capacity for FY 10 – 11: As outlined in the Wastewater Capacity Allocation Ordinance, adopted 4/19/04 (Section 4.B), “During the month of June each year, the Board shall determine the Uncommitted Reserve Capacity in the Plant, including any previously allocated but reverted capacity. The Board shall designate such Uncommitted Reserve Capacity to be available for the next fiscal year. This shall be referred to as the “Annual Capacity Allocation”.” Ken moved that the Board vote to designate the amount of 121,974 gallons per day (Residential = 54,888 gpd, Enterprise = 39,032 gpd, and Institutional = 28,054 gpd) as the Annual Capacity Allocation for the period July 1, 2010 to June 30, 2011 as outlined in Section 4.B of the Wastewater Capacity Allocation Ordinance, adopted April 19, 2004. Second by Howard and approved.
Tax Stabilization “Piggy Back” Contracts: In March, 2010 the registered voters approved extending the Tax Stabilization “Piggy Back” Contracts for qualified farmers for a five year period from April 1, 2010 to March 31, 2015. Contracts have been drafted for seven participants (Mark Ames, Marshall Delaire, Russell Family Trust (2 parcels), Wendy Ordway & Gary Clark, Andrea Baldwin Haulenbeek, Matthew & Daniel Baldwin and Joseph & Stephanie Bissonette) . Randy moved that the Board vote to sign the Tax Stabilization “Piggy Back” Contracts for a five year extension from April 1, 2010 to March 31, 2015, as authorized by the voters. Second by Andrea and approved with Howard abstaining.
Review of Safety Policy: The Board has been provided with a copy of the Town’s Safety Policy, adopted April 6, 2009, for review. The policy is an important component of the Safety Program. Randy moved that the Board vote to acknowledge the annual review and approval of the Town of Hinesburg Policy Regarding Safety, as originally adopted on April 6, 2009. Second by Ken and approved.
Discussion of Legal & Personnel Issues: Randy moved, based on the recommendation of Director of Planning & Zoning Alex Weinhagen, that the probationary period for Planning & Zoning Administrative Assistant Mary Seemann be ended, and her employment as Planning & Zoning Administrative Assistant be continued. Second by Ken and approved.
Addition to the Agenda:
Review of Hinesburg Community Partners Proposal for July 26 Grant Deadline: The Board had some questions on how the program would work that were not addressed in the proposal. Jeanne will work with Chris to refine the proposal.
Ken noted that he and Andrea met with Kathleen Patten. They will endeavor to achieve open communication between Kathleen and the police department about her experience with the program when she was in charge.
Andrea said she supports the Board supporting this program – she wants the Board to be aware of the advantages of having a professional mediator involved as Kathleen was.
Howard moved the Board go into executive session for discussion of legal issues including Jeanne Wilson, second by Randy and approved.
Howard moved the Board come out of executive session and adjourn, second by Randy and approved.
Valerie Spadaccini, secretary