SOUTH HERO DEVELOPMENT REVIEW BOARD MINUTES August 14, 2024
Site Visit at 41 Lake Dr. at 6:30PM
Members Present: Liza Kilcoyne, Jim Brightwell; Tim Mullen
Others Present: Karyl and Bob Sweeney; Sharon Palmer; Cliff Perkall; Jen McCarthy; Mark Clifford; Steve Diglio (KAS Engineering).
Regular Meeting at 7:00PM
Members Present: Jim Brightwell (acting Chair); Mike Welch (via Zoom); Liza Kilcoyne; Tim Mullen (Alternate); and Ellie Reid (Alternate, via Zoom).
Members Absent: Tim Maxham; Doug Patterson; Nate Hayward; Gareth Hunt.
Others Present: Sharon Palmer; Cliff Perkall; Jen McCarthy; Karyl and Bob Sweeney; Mark Clifford; Steve Diglio (KAS Engineering); Rory Carmody (via Zoom); Martha Taylor-Varney (ZA).
7:05 PM — Acting Chair J. Brightwell called the meeting to order.
Changes to the Agenda
There we no changes.
Public Input
There was none.
Setback Waiver and Boundary Adjustment request at 41 Lake Dr. (Mark Clifford/Gordon Stewart—25-02-LD041)
Steve Diglio of KAS Engineering presented to the Board. The hearing has 2 components – a Boundary Adjustment and a Setback Waiver. The hearing started with the boundary adjustment, followed by the setback waiver. [Boundary adjustments are usually reviewed and approved by the zoning administrator but because it was associated with the setback waiver, the ZA opted to give the application to the Board to review.]
Boundary Adjustment:
Steve Diglio explained to the Board that while surveying the small lot at 41 Lake Dr., it was discerned that there were 2 unintended encroachments by a structure on the neighboring property owned by Mark Clifford at 67 Martin Rd., and by the previous camp on 41 Lake Dr. that touched the shared boundary with the Clifford property. To correct these, and to allow for a bit more room for the replacement home, the southwest half of the previously straight shared boundary with 67 Martin Rd. was moved slightly east to retain the Clifford structure on its own lot. The north half was angled to the northwest toward Martin Rd. The boundary adjustment results in an equal swap that does not change the acreage of each lot. There is a question of who owns a small 23’x16’ (approx.) area bordering Martin Rd. (outside the right-of-way) identified on the survey with the note recommending a legal opinion. The Board was generally favorable about the boundary adjustment but is reluctant to approve it without a clear title. Can this be a condition of approval, or will the Board need proof of a clear title? The Applicant will consult an attorney.
Setback Waiver:
There is little conforming space on the .12-acre lot. This space could block the lake view from the Sweeney home across Lake Dr. The proposed location of the replacement cottage is 65 feet from the mean level of the lake, moved back from the edge of a steep slope to the lake. The original camp reached the edge of the bank. The setback to the west boundary is 5 to 7 feet and extends into the cedar stand on the northwest corner of the lot. To preserve these trees, the structure may need to pivot slightly. The 18.5-ft. setback from Lake Dr. would increase the non-conformity in that direction while reducing the lake setback. The engineer worked with a geo-technical engineer to confirm proper setbacks. If the home is moved further from the west boundary it will encroach into the limited space allowed for the septic system. The pre-treatment septic system is for 1 bedroom and is on the east side of the proposed home. New landscaping is proposed at the top of the lakefront bank. Applications for wastewater or Shoreland permits have not been submitted to ANR yet. The pervious driveway is proposed to be U-shaped, with access from Martin Rd. and exiting onto Lake Dr. J. Brightwell stated that the site plan is not yet finalized and asked that the final setback distances be shown. L. Kilcoyne agreed that another site plan with the final proposal will be needed. M. Welch and T. Mullen agreed that the title to the small area at the north corner of the lot needs to be resolved before a final site plan can be presented.
Public Comment/Questions –
Karyl Sweeney – Will the trees that were removed along Lake Dr. need to be replaced? The hedges will probably need to be replaced, per Shoreland Protection. The replacement cottage should be in the previous footprint and height. The driveway should be in the same place as the previous one, and the trees that have been removed need to be replaced. Steve Diglio and Mark Clifford stated that replacing the trees along Lake Dr. would obstruct the view when exiting the driveway. Could the driveway run along Lake Dr. instead? J. Brightwell commented that a lot of space is being used up by the u-shape driveway.
Jennifer Palmer – thanked the Board for their attention to detail. She asks that the proposed development of the lot respect what was there previously, including the hedges, view, and driveway.
Bob Sweeney – asked if the Airstream RV that is currently parked on the lot can be removed when the lot is redeveloped? This can be a condition of approval.
Rory Carmody (architect for the project) – presented renderings of the view from the Sweeney home to the lake, across 41 Lake Dr. There is a rendering from each of the Sweeney home’s 3 floors. Bob Sweeney stated that the flat roof of the proposed replacement home would block more than the previous gable roof did.
- Kilcoyne moved to enter the renderings into the record as Exhibit #1; T. Mullen second. All in favor.
8:30PM — J. Brightwell recessed the hearing to September 11, 2024 at 7PM.
New Business
There was none.
Review of July 24, 2024 Minutes
- Kilcoyne moved to approve the minutes of July 24, 2024; M. Welch second. All in favor.
Administrator’s Report
- Upcoming hearing schedule: August 28 – Gammal amended site plan for 99 Phoebe Lane; Two Heroes Brewpub amended site plan to expand parking. September 11 – Allenholm 2-lot subdivision; recessed setback waiver and boundary adjustment for 41 Lake Dr.
- Question for the Board from the ZA – Can an agricultural property that already has 2 homes on it also add an ADU? The Board said that either one home be subdivided from the property, or the landowner can apply for a planned unit development to allow for the additional dwelling.
Adjournment
- Kilcoyne moved to adjourn and move to deliberative; M. Welch 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.