SOUTH HERO DEVELOPMENT REVIEW BOARD MINUTES April 11, 2018
Members Present: T. Maxham (Chair); D. Patterson (Vice-Chair); L. Kilcoyne; R. Krebs; G. Hunt; N. Hayward; J. Brightwell; R. Brown.
Public Present: Larry and June Chamberlain; Heidi Chamberlain; Sheryl Troville; Ron Phelps; Jude Lively; Jeffrey Quittner; Robert Hazen; Cintra Hazen; Richard Hazen; Louise Strong; Caley Wilson; Adam Wilson; Jay Buermann; Mike Bishop
7:00PM – T. Maxham called the meeting to order.
Changes to the Agenda
There were none.
Final Plat Hearing – Felis: 18-56-LR016
[Members sitting on this hearing – D. Patterson; L. Kilcoyne; R. Krebs; G. Hunt; N. Hayward; J. Brightwell, R. Brown]
The warning was read, introductions made, and interested persons sworn-in.
- Maxham recused himself from the hearing; D. Patterson resided. Jay Buermann represented the Applicant. He reviewed the subdivision proposal, requesting that proposed lot #2 be deferred, and that there were currently no plans for development on lot #1 and could be re-submitted to the Board for review in the future should it be developed. D. Patterson stated that construction of a single-family home in the Rural Residential district would not need to be reviewed by the DRB; only multi-family dwellings require that. Jay responded that DRB review of any development could be included in the conditions of approval.
Jay requested a waiver from the requirement to show detailed locations of natural features, the existence (or proposal) of rights-of-way, trails, sidewalks, or parking lots on Lot #2 and adjacent properties since no development is proposed. He also requested a waiver from the requirement to show any proposed development on Lot #1, as any development of this lot would require further DRB approval. Also requested was a waiver from the requirement to sow a vicinity map since no development that would impact abutters was proposed at this time.
7:08 PM – R. Krebs moved to grant all waivers; R. Brown second. All in favor.
After sketch plan review, the DRB requested that abutters across Landon Rd. be added to the plat, in addition to correcting the title of the plat to ‘Subdivision’ rather than ‘Boundary Adjustment,’ and to include the ‘State’s Waiver of Development Rights’ language on the plat. On the Final Plat, the abutters had been added and the title was corrected. However, Jay questioned the need for the deferral language to be placed on the plat. He said that deferral language is “transient” and, should either parcel be developed in the future, the plat would need to be amended. Subsequent future deeds would show any changes allowing development of the parcels. Jay said that test pits had been done on both parcels. Nothing will be pursued on Lot #2 since it is slated for agricultural use. A wastewater and potable water permit could be pursued in the future should the parcel be proposed for development.
Tim Maxham stated he represented the abutter to Lot#2, Sunset Lake Farm #2, and requested interested party status.
7:21 PM – L. Kilcoyne moved to close the hearing; G. Hunt second. All in favor.
Sketch Plan Review of a 2-lot subdivision at 7 Colonel Allen Dr. – Milke Bishop (18-50-CO007)
[Members sitting on this hearing – T. Maxham; R. Brown; N. Hayward; D. Patterson; S. Corbin, L. Kilcoyne, G. Hunt]
7:26 PM – T. Maxham opened the hearing. The warning was read, introductions made, and interested persons sworn-in.
Jay Buermann and Mike Bishop presented the application to the Board. Jay explained that the proposal was to subdivide a 3.1-acre parcel, with an existing 15-ft. ROW to South St., into two building lots for single-family homes. Proposed lot #1 is 1.26 acres and #2 is 1.86 acres. The homes are proposed to each have their own drilled wells but will share a wastewater system. Pending State ww permitting, Jay said there are no known restrictions on the land. There is a current State wastewater permit for a 3BR home for the existing 3.1-ac lot.
The existing 15-ft. right-of-way is proposed to be used by lot #1. The Applicant is proposing access onto Colonel Allen Dr. for lot #2, since it is the shortest route and the most logical place. Jay told the Board that there are questions of legality regarding the use of Colonel Allen Dr. and asked that a condition be included acknowledging that the right to use the ROW exists. He stated that the ROW was 50 feet wide. T. Maxham stated that the Applicant would need to have a legal access to Colonel Allen Dr. before the Final Plat could be reviewed. Jay stated that if the use of Colonel Allen Dr. was not possible, the existing ROW to South St. would be utilized for both lots. S. Corbin noted that the new lot (proposed lot #2) would be non-conforming since the ROW’s width of 15 feet is for the existing lot, and an increase in the number of lots using that ROW would trigger the requirement for a 20-ft.-wide ROW. For that reason, at this time the proposed lot #2 does not conform to the development regulations.
- Patterson asked if the isolation areas shown on the map were approximate locations. Jay said they were based on previous survey plats. T. Maxham noted the stream on the map and asked if there was anything on the ANR atlas that shows wetlands. Jay said the State had determined no wetlands on the property. Tim asked that the State Wetlands re-visit the property. Tim read a letter from abutter William Flynn objecting to the Applicant’s use of the private ROW that is Colonel Allen Dr. In a separate letter, neighbor Patrick Russell wrote his objections based on the existence of wetlands and a creek on the parcel that runs off to the lake, and the proximity of that run-off to existing water intakes to several area homes and a campground.
7:37 PM – R. Brown moved to enter both letters into the record as Exhibits A and B; G. Hunt second. All in favor.
Both Mr. Flynn and Mr. Russell are granted ‘interested person’ status for the duration of the review.
Jay stated that the proposed wastewater area has the same footprint as the present permitted mound. An application to amend the current ww permit for a 3BR home to a shared system for two 3BR homes has been submitted, and Jay stated he expects the permit within 30 days. D. Patterson asked if the expanded wastewater could be possible due to new technology? Jay said yes. S. Corbin stated that deeds need to be produced to verify ROW widths.
Open to the Public
Attorney Jeff Quittner spoke representing abutter Jude Lively. He stated that he had submitted a deed to be recorded in the Town Land Records that grants ownership of the right-of-way called Colonel Allen Dr. from the heir of the original sub-divider, Robinson, to Jude Lively. He said the original ROW agreement described it to be 30 feet wide rather than 50. As Mr. Lively now owns the ROW, Mr. Bishop has no right to use it. The original ROW granted use only to Flynn, Hazen, and the parcel now owned by Mr. Lively. Furthermore, Section 401 of the development regulations requires a 50-ft. ROW for use by more than 3 lots. In addition, he stated the 15-ft. ROW to South St. was never described and its location still needed to be determined. Therefore, Mr. Quittner claimed there is no ROW to either proposed lot. Mr. Bishop responded that his attorney differed in opinion regarding the legal use of Colonel Allen Dr. Tim told him it was up to the Applicant to solve, not the DRB. The legal issues need to be solved before the Final Plat review.
June Chamberlain told the Board that the Applicant had requested permission for a ROW across their property to access Phelps Lane. She told him no.
Ron Phelps told the Board that the Bishop lot had been created as part of a subdivision in 1969 by his father. The lot owned by Mr. Bishop was given to Mr. Phelps sister, Bonnie Blanchard, with a 15-ft. ROW across his property to South St. He presented photographs of standing water on the Bishop lot. He said the parcel had always been too wet to hay and that here were a lot of water issues there. He told the Board that there were drainage tiles on the parcel that had been installed years ago and was concerned that any excavation during construction would disrupt the tiles and the run-off. He was also concerned about septic shadows that extended onto his property from the proposed wastewater system. He said the size and location of the right-of-way across his property was up for discussion.
8:04 PM – G. Hunt moved to accept the photos into the record as Exhibits C and D; S. Corbin second.
Adam Wilson told the Board that the proximity of the proposed septic on the Bishop parcel to their well was very close.
Louise Strong lives south of the Bishop parcel and said that, over the years, additional construction in that area had increased the problems with water. Her yard was much wetter than it used to be.
8:12 PM – S. Corbin moved to classify the application as a Minor Subdivision; R. Brown second. All in favor.
8:13 PM – The hearing was closed.
Review of Minutes
- Brightwell moved to accept the minutes from March 28, 2018, with corrections; N. Hayward second. All in favor.
Public Input
There was none.
8:32 PM – L. Kilcoyne moved to adjourn and move to deliberative; D. Patterson 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.