SOUTH HERO DEVELOPMENT REVIEW BOARD MINUTES July 10, 2024
Members Present: Tim Maxham (Chair); Gareth Hunt; Jim Brightwell, Mike Welch (via Zoom); Liza Kilcoyne; Nate Hayward; Ellie Reid (Alternate, via Zoom); and Tim Mullen (Alternate, via Zoom)
Member Absent: Doug Patterson (Vice-Chair)
Others Present: Steve Nedde; Don Bedard; Steven Locke; Rebecca Weaver; Martha Taylor-Varney (ZA)
7:00PM – T. Maxham opened the meeting and introduced the Board.
Changes to the Agenda
There were none.
Public Input
No public input.
Setback Waiver Request at 22 Sunrise Dr. (Steven Locke – 24-92-SD022)
7:04PM — The warning was read and interested persons were sworn in.
Steven Locke lives at 22 Sunrise Drive in the Keeler Bay Village zoning district. His .17-acre lakefront lot is 100 feet deep and 70 feet wide. The existing home is 37 feet from the lake, with ¾ of it within the lake setback. There is no garage on the lot. An existing 10’x16’ storage shed is 3 feet from the south boundary and 27 feet from the lake. Mr. Locke is requesting a setback waiver to place an 8’x7’ addition to his storage shed on the west side of the existing shed, 5 feet from the south boundary. The new addition will be 43 feet from the lake, still within the 75-ft. lake setback. The Applicant is asking for a waiver from the lake setback. The new addition will conform to the south boundary’s minimum 5-ft. setback.
Board member N. Hayward reminded Mr. Locke that the setback distances are measured from the structure’s overhang, not the wall. Mr. Locke stated that he would measure the distance to the side boundary from the eaves of the new shed. L. Kilcoyne asked if he had applied for a Shoreland Protection review. Yes, it will most likely require only a Shoreland registration. J. Brightwell said that the review standard for setback waivers includes the least deviation from the regulations, and that this was okay. T. Mullen commented that it was a straightforward request and agreed that it was okay.
7:15PM – There were no other questions and T. Maxham closed the hearing.
Amendment to Conditional Use and Site Plan Review #19-39-RT295 to add outdoor public movie nights (Tappan South Hero LLC/Seb’s – 24-90-RT295)
7:17PM — The warning was read and interested persons sworn in.
Steve Nedde, representing the Applicant, told the Board that they are requesting an added use to the previously approved conditional use and site plan approval of 2019, to show family-friendly outdoor movies on the west lawn between South St. and Seb’s, after Seb’s stops serving. The current closing time is 9PM. The movie will start soon afterward. They will be free events. The length of the movies, generally up to an hour and a half, may extend the 10PM closing time allowed in the 2019 decision. The Applicant is also asking to amend that time to 11PM.
The temporary movie screen will be set up against the trees at the south side of the lawn and removed afterwards. The audience area will be between the screen and apple trees in the center of the lawn area. Seating will be either at picnic tables or people can bring their own lawn chair or blankets. The sound will be directed to this specific area and will be low enough not to allow sound to travel to surrounding homes on South St. and RT 2. The trees behind the screen will be an additional sound buffer.
The number of shows this summer will be no more than three, since it is already mid-July. If successful, they would like to have up to 8 movie nights from June through the Tuesday before Labor Day starting next summer if there’s enough support from the community. The Applicant wants an option in town for family friendly, alcohol-free events.
- Kilcoyne asked how many people were expected at the movie nights? Steve Nedde — 50, maybe. The rental fee for the movies depends on the number of people who attend. If more people, the movie rental fee will be higher. There will be no charge to the public to attend.
- Brightwell asked about the amplification. The screen will be facing toward RT 2. There w il be small speakers with volume regulated for a small area. Would the Applicant be willing to come back after the first movie season to meet with the Board to assess how the first summer season went? Yes.
Rebecca Weaver lives at 9 South St., 2 doors from Seb’s. She said she was okay with the proposal and had appreciated the improvements that had been made to the property.
- Hayward asked if the business would consider staying open after 9 to sell ice cream during the movie? No, it then becomes too late for clean-up in the restaurant. But there will be fee popcorn available.
- Welch asked about lighting in the area of the port-o-lets, behind the west wing of the restaurant. There is a light there that stays on all night.
- Kilcoyne commented that because the events are during the summer, she anticipated they will get a lot of people. Is there enough parking to support it? There will be available parking from Seb’s, since the restaurant will be closed. T Maxham said that there would be available overflow parking at the Town garage across RT 2. Don Bedard said that the empty parking lot at the bank would be available as overflow. A message from Sharon Chadwick, owner of the Post Office building and apartment on the east side of Seb’s, asked the Board not to allow parking on her property, especially blocking the spots in front of the apartment. T. Maxham said the Board could not control excessive use of the post office lot. Steve Nedde said that if Seb’s lot starts to fill, he could post an employee at the post office to prevent overflow parking there. Sharon also asked that the barrier between Seb’s parking lot and hers be repaired. Rebecca Weaver asked if cars leaving after the movie exit to RT 2 rather than by the South St. access, to reduce noise and headlight glare for the homes there. Steve Nedde said they would place cones, but it may be hard to enforce. They could make an announcement asking cars to exit onto RT 2. M. Welch asked if traffic could be limited around the port-o-lets. T. Maxham said the Board could require cones in that area.
There were no more questions, and the hearing was closed at 7:50PM.
New Business
- Reid and J. Brightwell suggested that the warning be read at the beginning of each hearing by a Board member to give Martha more time to prepare the hearing material.
Review of June 26, 2024 Minutes
- Hunt moved to accept the minutes of June 26, 2024; J. Brightwell second. All in favor.
Administrator’s Report
Upcoming schedule:
July 24 – Amend site plan to the Mini-Golf course on Lavin Lane; 3-lot subdivision administrative review.
August 14 – setback waiver, with a site visit prior to the hearing. This will be the only hearing scheduled that evening.
Adjournment
8:02PM – L. Kilcoyne moved to adjourn and move to deliberative; G. Hunt second. All in favor.
Respectfully submitted,
Martha Taylor-Varney, ZA
Signed: ______________________________________ Date: ____________________________
For the Development Review Board
These minutes are unofficial until approved at the next regularly scheduled meeting. All motions were unanimous unless otherwise indicated.