SOUTH HERO PLANNING COMMISSION MINUTES April 1, 2026
Members Present: David Roy (Chair); Don Bedard (Vice-Chair); Michele Gammal; Joan Falcao; Brook Scott
Others Present: Everett Dubuque; Bonny Rocheleau; Anne Zolotas; Linda Kinney; Kim Kinney; Martha Taylor-Varney (ZA)
Changes to the Agenda
Discussion re New Business (4) moved before Old Business, for the benefit of public attending.
Public Comment
Bonny Rocheleau wanted to discuss Act 181. D. Roy moved the discussion to New Business.
New Business – Continue review of proposed updated pages for the Development Regulations, including required or recommended changes related to Act 181 and the HOME Act, as discussed with Emily Klofft of NRPC at the Commission’s March 4 meeting:
HOME ACT — Discussion included whether to reference statute instead of adding lengthy definitions or explanations to the document. Under “Hotels and Emergency Shelters”, should the Commission add the definition of ‘Hotels’ in Sec. 707 (Public Facilities) of the Regulations? The Commission opted not to add one since it is already included within the definition of ‘Lodging Establishment’ in Article 10 (Definitions). However, Martha will contact NRPC to ask for a clarification whether ‘shelters and hotels/motels converted to permanently affordable housing developments’ should be added to Sec. 707 as a public facility and regulated similarly to community-owned and operated institutions. Under 302.D (Conditional Use Review Standards), should By-Right Development Review be added as #7? There is room on the page to add this explanation without altering the format of the entire document. Another requirement related to character of the area when reviewing 3 to 4-unit dwellings does not allow character of the area to be used as a review standard. The current South Hero Regulations already include this and references statute. Under Decisions, Appeals, and Process (Article 8), the Commission chose to add the updated definition of ‘interested persons’ rather than only reference statute, since there have been frequent requests to define it in the past. There was additional discussion whether to include in the Regulations a 120-day limit within which to hold hearings after the application is accepted, as required by the HOME Act. Although the Town has never had to schedule one that far in the future (due to scheduling restraints), it was decided to leave the 120-day stipulation in the Regulations as a cushion if it is ever needed. Under Parking (Sec. 603 – Parking Area Design and Shared Parking), Table 6.1changes the length of the parking space for parallel parking from 20 feet to 18. Under Sec. 606.A.5 (Parking Area Design Standards – Non-Conforming Parking Areas), language will be added referencing only “residential parking” when expanding a parking area for residential use. The heading on Table 6.1 will include added language – “Commercial/Multi-Unit Dwellings”. Thes standards are not included for single or 2-unit dwellings. Under Accessory On-Farm Business, the review standards are now less restrictive. This will be reflected in the definition in Article 10.
Act 181 – None of the required updates to the Regulations related to Act 181 apply to South Hero since the Town does not have municipal water or sewer.
The meeting continued with a discussion on proposed Act 181 requirements. Bonny Rocheleau asked how the Act would affect South Hero. She is in the process of reading the entire 171-page document. [Martha – I have attached the full Act, as enacted, as an attachment to the minutes on the Town website]. Kim Kinney said that Act 250 has been cumbersome for the ‘average Joe’ but that it allowed landowners to subdivide large parcels for family members. Tiers 2 and 3, and the 800-ft. road rule would apply to several large parcels here in South Hero, and this is a concern. He said that South Hero landowners had been good stewards and that there needs to be more movement for landowners to get involved. Hopefully, the Legislature will review this further. Anne Zolotas said that the 800-ft. rule is only exempt for agriculture, but she is also concerned about Act 59, related to conserving 30% of VT by 2030, and 50% by 2050.
There was additional discussion on wastewater system options, with a consensus that the spray method should not be recommended for South Hero.
Old Business
Measuring Height and Setbacks – Although the language for this has been previously approved by the Commission, J. Falcao requested that it be put back on the agenda for the next meeting.
Approval of Minutes
- Bedard moved to approve the minutes of March 4, 2026, as amended; J. Falcao second. All in favor.
Administrator’s Report
- ZA Martha Taylor-Varney will be attending the Vermont Community Development Conference in Montpelier on April 15 and will not be attending the Planning Commission meeting that evening. The Commission will need to appoint a minute-taker and Zoom Master for that meeting.
- Guy Maguire of South Hero Land Trust will be meeting with the Commission at the April 15 meeting to discuss the current White’s Beach Bioengineering Design.
- The Zoning Office will be closed April 23, 27, and 28.
Announcements
- Old White Meeting House: no report.
- Town Office Committee: Construction has begun on the new office building. Temporary parking will be on the west side of the building. A ’groundbreaking’ ceremony will be held on Friday, April 9 at 10AM.
- Lavin property planning committee: The walking trail will continue to be mowed this season. The kick-off meeting for the committee was held on March 12, and meetings will continue on the second Tuesdays of the month at 1PM. Minutes from the organizational meeting are attached to the minutes in the Town website.
- South Hero Scoping Study: the final report is posted in the Boardroom at the Town Office.
Adjournment
7:42PM — J. Falcao moved to adjourn; M. Gammal second. All in favor.
Respectfully submitted,
Martha Taylor-Varney, ZA
Signed: ____________________________________ Date: ________________________
For the Planning Commission
These minutes are unofficial until approved at the next regularly scheduled meeting. All motions were unanimous unless otherwise indicated.
3-12-26 Minutes Lavin ACT181 As Enacted