HomeMy Public PortalAbout04-19-2018 Minutes PB JPHJPH minutes
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Minutes
Joint Public Hearing
Hillsborough Board of Commissioners and Planning Board
7 p.m. April 19, 2018
Town Barn, 101 E. Orange St.
Present: Board of Commissioners — Mayor Tom Stevens and commissioners Mark Bell, Kathleen
Ferguson, Matt Hughes, Evelyn Lloyd, and Jenn Weaver
Planning Board — Chair Dan Barker, James Czar, Lisa Frazier, Chris Johnston, Doug Peterson, Jeff Scott,
Jenn Sykes, Toby Vandemark, and Chris Wehrman
Staff: Assistant Town Manager/Planning Director Margaret Hauth and Town Attorney Kevin Hornik
ITEM #1: Consideration of additions or changes to the agenda
There were no additions or changes.
ITEM #2: Open the public hearing
Mayor Tom Stevens opened the public hearing and turned the gavel over to Planning Board Chair Dan
Barker.
ITEM #3: Rezoning request from Douglas Peterson to rezone 1.33 acres at 1215 Eno St. from
residential-20 to residential-10. OC PIN 9864-34-7300
Motion: Commissioner Mark Bell moved to excuse Planning Board Member Doug Peterson for
this item. Commissioner Jenn Weaver seconded.
Vote: Unanimous
Planning Director Margaret Hauth reviewed a map of the parcel, noting adjacent parcels are zoned
residential-10. She reviewed the request is for a general purpose rezoning.
Peterson introduced Rob Frescoln, his development partner and son-in-law. Peterson said he has
completed six renovations in West Hillsborough. He received the Hillsborough Preservation Award in
2017 for best home renovation for his home on Calvin Street.
Peterson said he purchased the Eno Street property in January. It is 1.33 acres. There is a trailer and a
car that he has permission to move, so the land soon will be vacant. His intention is to build three
houses, each around 1,700 square feet and about 30 feet wide. He needs to rezone from residential-20
to residential-10 to build the houses as he has proposed. There would be three lots greater than a
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quarter of an acre, with about 86 feet each of road frontage on Eno Street. All the perimeter trees
would be kept. There is one evergreen that he believes would need to be removed.
Commissioner Kathleen Ferguson asked about the removal of the evergreen tree. Peterson answered it
is not just one tree but a collection of 25 trees in the way of the driveway.
Arlo Brown, who lives at 212 Murray St., spoke in favor of keeping the zoning R-20. Only Riley Street is
zoned R-10, he said. The rest of the properties in the area are zoned R-15.
Kathleen Dittrick, who lives at 240 Riley St., said she is concerned that the rezoning would allow three
driveways on Eno Street. There is a lot of rain runoff on Eno Street and fast -moving cars. There is
currently only one driveway on that section of Eno Street.
Chris Richmond, who lives at 811 Eno St., said rainwater runs down Riley Street and not in the ditches.
The stormwater runoff should be addressed if anything is built. Richmond also believes the R-10 zoning
would allow more than three dwellings, so he would want to find a way to limit the number of
dwellings.
Barker asked if building three homes would be below the threshold that would trigger stormwater
controls. Hauth said it would be below the threshold and the existing problems are likely ones the
town could address.
Planning Board Member James Czar asked if there was a way to get three houses on the property
without rezoning. Hauth answered the developers can create up to four lots off a private road without
triggering a review by the Board of Adjustment. Like R-20, R-15 requires a 100-foot lot width. R-10
requires a minimum of 75 feet. Hauth added that there is no way to restrict the number of houses
under general zoning.
Hauth explained that a shared driveway would not have to be a private road. Whether there is a
private road depends on the design of the lots.
A member of the audience asked if she could mail a letter to Town Hall regarding her thoughts on the
property. Hauth provided the mailing address.
Lisa Frankel, who lives at 1211 Eno St., said there is a lot of stormwater problems. The property has
been vandalized. She has been looking forward to this property being developed so that it will look
better.
Weaver told the audience that Stormwater and Environmental Services Manager Terry Hackett is the
person to contact about stormwater issues.
Peterson thanked everyone for their input on the property. He said the front and back of the property
are dramatically different in width. His proposed plan is an effort to locate the houses away from Eno
Street and meet the setback requirements. Peterson said he would like to build three smaller houses
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because that would create a character that would better fit the neighborhood. He said that building a
road through the center of the property would not work because there would not be enough room to
build a house on the right and a house on the left in the back. He said his proposed plan fits the
character of the neighborhood, allows the property to keep its deciduous trees, and places the houses
farther back from the road and railroad. He said he and his partner are excited about creating three
private houses on the property. Peterson said the trailer was already vandalized when he bought the
property. He has contracted for someone to remove the trailer from the property. He said he will defer
to the town for addressing stormwater problems.
There were no further questions for the applicant.
Motion: Ferguson moved to close the public hearing. Planning Board Member Toby Vandemark
seconded.
Vote: Unanimous
ITEM #4: Rezoning request and special use permit request from Landmark Management Partners LLC
to rezone 0.26 acres at 401 N. Churton St. from residential-20 to neighborhood business special use.
This includes a special use permit application to convert the existing structure to four attached
dwelling units. OC PIN 9874-08-3136
Hauth said this is a quasi-judicial process and those who wish to speak will need to swear or affirm that
they are telling the truth. Hauth was sworn in.
Hauth reviewed that the staff report identifies the requested waivers. This is an existing structure that
was formerly a rest home, so it does not meet some of the requirements because it is an existing
building. She explained one waiver is to deviate from having 10,000 square feet of land per dwelling
unit, which she believes was unintentionally required in the ordinance. Also, the building sits too close
to the north property line to plant the required buffer. Also, the ordinance would require a non-
residential lot with sidewalk to plant street trees; there isn’t space to do that.
Weaver said it seems to her there is room for trees along Churton Street. Hauth said the trees are
required to be shade trees likes oaks or maples. Usually, those would be planted in the middle of a 40-
foot space. Also, the shade trees are supposed to be planted 10 feet back from the sidewalk, which
would place the trees too close to the structure.
Ferguson asked a question about firewalls. Hauth noted the question could be answered by the
applicant.
Commissioner Evelyn Lloyd said the building was previously office space for several doctors and a
dentist before it was a rest home. Hauth said it has always been residentially zoned, according to her
records.
Wayne Van Der Poll, a partner in Landmark Management Partners, was sworn in. He said the property
is in bad shape and the internal structure has been stripped to studs. The windows are rotten and
unsalvageable. The proposal is to convert the structure into three or four condominiums. There would
be significant landscaping. The plan is to replace the windows with wood or aluminum-clad windows.
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There would be new doors. The HVAC units would be located on the north side of the house. A garbage
collection area on the west side would accommodate four recycling and four solid waste containers.
There is an existing encroachment agreement for 10 gravel parking spaces on the Union Street side.
They would maintain the existing sidewalks. They have submitted a detailed landscaping plan. The
other issue with planting a shade tree on Churton Street is the overhead powerlines. They are
proposing stoop or porch entrances on the south side to better protect the doorways from weather.
There would be either sprinklers or firewalls. They plan to keep the trees on West Union Street.
Commissioner Mark Bell asked if the property is eligible for historic preservation tax credits. Van Der
Poll said he is not sure but noted to look into it.
Van Der Poll said the structure is 4,000 square feet. If there are three units, they would be about 1,200
square feet. If there are four, they could be 1,000 square feet. They may vary in size. If there are four
condos, they would add one door to West Union Street.
Hauth reviewed that the Historic District Commission has completed a preliminary review of the
project.
It was asked whether there would be a back door for fire escapes. Van Der Poll answered that is not in
the plan at this time. There was a question about whether universal design standards would be used.
Van Der Poll answered the interior of the units have not yet been designed.
Kate Faherty, director at Burwell School Historic Site, was sworn in. She said the prospect of having the
lights on and the building cared for is good for the neighborhood. Because Burwell School is on a hill
and visitors will have a downhill view of this property, she is concerned that a 5-foot fence would not
be tall enough to screen the trash receptacles. Being able to see the lids of the receptacles would
detract visually from the view from her site. Also, she asked if there would be a management firm to
continue to maintain the condos.
Hauth said to create condominiums, a homeowners association has to be created that would address
maintenance.
Sherry Appel was sworn in. She lives at 114 W. Orange St., a block north of this property. She walks
past this property all the time and is glad that the property will be cared for. She feels that four
condominiums is a lot in an area surrounded by single-family residential units. She thinks two
condominiums is more reasonable. And she thinks 10 parking spots is not reasonable. She is concerned
about traffic generated by these condominiums.
Lindsley Bowen was sworn in. She asked if it there would be a second story. Barker answered that the
applicant testified that the condos would be built within the existing structure.
Bob Hall was sworn in. He owns adjoining property with his wife, Jenny Miller. Hall asked what
neighborhood business special use means. Hauth explained neighborhood business special use means
there would only be a use allowed for that building if the board allows a sp ecial use permit and only
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that special use would be allowed. It is a way to allow a property owner and the town to come to an
agreement on what is allowed on a particular property and to narrow the field of what is allowed. Hall
said maybe he and his wife would apply for one as well to convert the house they own to a multi-unit
structure. Hall expressed concern that the new owners have not yet covered the window openings
where the windows are broken out. Hall asked if the partners have developed anything else in
Hillsborough and whether there is a client.
Van Der Poll said they would try to accommodate Faherty’s requests regarding the waste receptacle
area. He said the building is 4,045 square feet. There are 10 existing parking space s and if there were
three condos instead of four, then each condo would be assigned more parking spaces.
Stevens said it seems like an excess of parking. Could it be reduced to a more appropriate amount? Van
Der Poll said that could be discussed once the developers have determined the number of
condominiums being built.
Barker said the existing condition is there are 10 spaces.
Van Der Poll told Hall that he would work with him, as an adjacent neighbor. He said they
predominantly do commercial building, but he gave two residential addresses. He said they could put
black plastic over the broken windows. Van Der Poll and his partner, Nathan Robinson, both recognize
the property is an eyesore as it is.
Motion: Planning Board Member Jenn Sykes moved to close the public hearing. Ferguson
seconded.
Vote: Unanimous
Stevens reminded the audience that Item 4 is a quasi-judicial matter, so this board can only make
decisions based on what is presented at the public hearing. It is not appropriate to approach mem bers
until a decision is made. It is different from the zoning decisions, for which the boards can accept
letters. The Historic District Commission also operates with a quasi-judicial process.
Hauth added that there are several important and time-sensitives issues for the July public hearing.
She asked whether the boards would like to schedule a long public hearing or attend two public
hearings. Board members said if two meetings are needed, July 18 and 19 would work.
ITEM #5: Adjourn
Motion: Bell moved to adjourn at 8:15 p.m. Ferguson seconded.
Vote: Unanimous
Respectfully submitted,
Margaret A. Hauth
Secretary