HomeMy Public PortalAbout10-28-2003 Combined Session
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PRESENT:
PUBLIC:
STAFF:
ITEM #1:
ITEM #3b:
MOTION:
VOTE:
ITEM #3a:
MOTION:
VOTE:
ITEM #2:
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MINUTES
TOWN BOARD SPECIAL MEETING AND WORK SESSION
October 28, 2003
Mayor Pro Tern Evelyn Lloyd, Ken Chavious, Mike Gering, Mark Sheridan,
David Daniel (pB Chair), Jim Boericke, Matthew Farrelly, Paul Newton, Barrie Wallace,
Bryant Warren, Eric Hallman, Andrew deGrandpre, Geoffrey Graybeal
Bob Hornik, Eric Peterson, Demetric Potts, and Margaret Hauth
Mayor Pro Tern Lloyd called the special meeting to order and asked the members to consider
the items heard at that evening's public hearing in reverse order.
Hauth introduced the Subdivision Regulation text amendment modifying the preliminary
plan requirements for major subdivisions. She said the Planning Board unanimously
recommended approval of the changes and that there had been no public comment.
Commissioner Gering moved to adopt the ordinance amending the Hillsborough Subdivision
Regulations to make the stated changes to the preliminary plan requirements for major
subdivisions. Commissioner Sheridan seconded.
4-0.
Hauth introduced the Subdivision Regulation text amendment requiring a neighborhood
meeting for major subdivisions containing 20 or more lots as an application requirement.
Hauth noted that she had received a letter from Mrs. Ellis requesting that the meeting be
required for smaller subdivision too. She said the Planning Board recommended approval of
amendments requiring a notice be sent for subdivisions with 5-9 lots and a public meeting be
held on subdivisions proposing 10 or more lots.
Commissioner Gering moved to adopt the ordinance amending the Hillsborough Subdivision
Regulations to make the stated changes to require notice and public meetings for major
subdivisions. Commissioner Sheridan seconded.
4-0.
Hauth introduced the Zoning Ordinance text amendment to prohibit manufacturing and
processing operations involving petroleum products. Commissioner Gering asked Hornik to
describe what ordinances would be in place if the proposed amendment is adopted and
successfully challenged in court. Hornik said it is hard to predict what a court would do. He
said that if the amendment would be successfully challenged, the court would likely put the
town in the same position it was before enacting the amendment, i.e. with a moratorium in
place. Gering suggested that the town would be in a stronger position to complete its work
on re-writing the permitted uses in the General Industrial district before adopting anything
that lifted the moratorium or prohibited a specific use. The members agreed to direct staff to
pursue Commissioner Gering's concern and report back with alternatives.
Mayor Pro Tern Lloyd adjourned the special Town Board meeting and called a brief recess
before convening the work session on Kenion Grove.
Mayor Pro Tern Lloyd asked staff if they had collected information about improving Cedar Grove Road.
Hauth reported that a rough estimate of right-of-way acquisition would be between $10,000
and $20,000. Potts distributed two estimates from Central Paving to improve the corridor to
18 feet of paving width. He said the difference between the two estimates was 640' of curb
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and gutter section along Maplewood Cemetery.
Commissioner Gering asked Linda Pass, consulting engineer from Finkbeiner, Pettis, and Strout to explain
the methodology she uses in reviewing plans. Pass said it is her job to review other
engineers' work. She said on this site, water flows into an existing creek. She added that the
proposal diverts water into a holding pond so it can meet the requirement for the rate of run-
off. She added that stormwater control design is a science based on statistics. Commissioner
Gering asked if she looked to see if any downstream improvements were needed. Pass said
she did not. Potts said his staff would look into the situation and report back. Pass added
that the proposal submitted reduced the rate of run-off from the developed site below the rate
observed today before development activity.
Commissioner Gering read Section 4.9.5 of the subdivision regulations and asked Hauth how Kenion Grove
provides a better environment than a standard subdivision. Hauth said she could not say
whether Kenion Grove provides a better environment, since the ordinance does not require a
conventional plan be submitted with any cluster plan. She said the application meets the
submittal requirement and suggested that such a determination is a policy decision for the
board members to make. Matthew Farrelly noted that the buffer available from using the
cluster provisions protects the appearance of the subdivision from surrounding properties and
makes Kenion Grove appear more like the neighboring lots. Bryant Warren said that the
neighbors have expressed concern about the lot size reduction on the portion of the site
zoned R-20. LeAnn Brown said the cluster provisions allow for the open space and buffers,
which benefit both the neighbors and residents. David Daniel suggested that cluster
subdivisions be required to submit two plans in the future.
Commissioner Gering said he was looking for some mitigation of the intensity of the development. He
expressed concern for the way the development would look as one drives through. He added
that Magnolia Place subdivision was also developed on the cluster model and suggested that
a similar plan not be duplicated. LeAnn Brown cautioned the members that the ordinance
does not authorize them to regulate aesthetic issues in subdivisions. She noted that Magnolia
Place was developed as affordable housing with public subsidies and Kenion Grove is not.
Daniel noted that the applicant has stated his intent to not clear-cut the site. He added that
the Planning Board has looked into regulating clear-cutting, but it requires special authority
to do so.
Mrs. Kimball asked if there would be restrictive covenants and if the neighbors could review them. Vic
Knight said the development would have covenants, but they would not be written until and
unless the preliminary plan is approved. Mayor Pro Tern Lloyd asked about the shared
driveways mentioned previously. Knight said it was very unlikely he would pursue the
option.
Edna Ellis showed the members the tax map from 1986 that was used to rezone the area to R-20 at the
neighborhood's request. She said the neighborhood worked hard to get that zoning and they
would like to be protected. She said the neighborhood was opposed to the entrance on
Revere Road and preferred that Cedar Grove Road and Cornelius Street be used instead. She
added that a condition should be included to ensure the buffer is maintained into the future.
Archie White said his concerns about stormwater run-of onto his property remains.
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The members discussed road access. Tony Whitaker said that Revere Road provides the superior safe
access location due to sight distance than does Cedar Grove Road. Commissioner Sheridan
asked Eric Peterson his view on the town improving Cedar Grove Road. Peterson said the
board can decide how to expend public funds and Powell Bill funds, but the level of
expenditure anticipated to basically benefit this development did not seem a wise expenditure
of funds. Brown noted her position that requiring Kenion Grove to make the improvements
to Cedar Grove Road would be an unlawful exaction since they have access at Level of
Service A on Revere Road. Ellis suggested using Cornelius Street at the primary access
point. She noted that if Cedar Grove Road is functioning all right now, it will continue to do
so, without the improvements.
Commissioner Sheridan asked about park space in the development. Brown said the ordinance does not
value improvements highly enough to make developing a park make economic sense. She
noted that the Park and Recreation Board suggested a combination of building a park and
making a payment in lieu. She presented an alternative to build a clubhouse on lot 15. She
noted that while the proposal meets the ordinance, it's not a preferred solution. The
members agreed that a place for children to play was their objective. They directed staff to
meet with the applicant and be creative.
Mayor Pro tern Lloyd adjourned the meeting at 10: 15 PM.
Respectfully submitted,