SOUTH HERO DEVELOPMENT REVIEW BOARD August 12, 2020
Members Present: Tim Maxham (Chair), Doug Patterson (Vice Chair), Jim Brightwell, Gareth Hunt, William Rowe, Sue Arguin (alternate), Mike Welch (alternate)
Others Present: Martha Taylor-Varney (Zoning Administrator)
Members Absent: Liza Kilcoyne, Nate Hayward
Public Present: William Andrews, Sarah Schippert, David Agard, Martin Agard, Don Andrews, Walter Magill, Phil Marshall, Deborah Marshall
Call to Order: The meeting was called to order by T. Maxham at 7:00 p.m. The meeting was conducted by Zoom web meeting software.
Changes to Agenda: None.
Public Input: None.
Hearing: Final Plan Review for Magill 2-lot subdivision at 418 West Shore Rd. Application # 20-69-WS418).
D. Patterson opened the hearing at 7:03 p.m.
Notice & Oath
G. Hunt read the hearing warning. T. Maxham administered the oath to the attending members of the public.
Appearing on Behalf of the Applicant
M. Taylor-Varney presented on behalf of the applicant. The application is for a 2-lot subdivision of 487 West Shore Road, classified as a minor subdivision.
Under the new bylaws, for minor subdivisions, an administrative review is conducted by the Zoning Administrator in lieu of a sketch plan review. If the Zoning Administrator determines that the application meets all requirements, the Zoning Administrator presents the application to the Board for final plat approval. M. Taylor-Varney indicated that she had conducted such a review and is presenting the application to the Board with her recommendation for approval.
M. Taylor-Varney said that the parcel is 2.3 acres and is entirely within the Shoreland district. The subdivision will create two lakefront lots. Lot #1 is 1.2 acres; Lot #2 has frontage on West Shore Road and is 1.1 acres with a 20’ right-of-way to provide access to Lot #1.
On Lot #1 there is a 3-BR year-round home and 3 accessory structures. The home and two accessory structures are within the 75’ lake setback. On Lot #2 there is a 2-BR seasonal dwelling with 3 accessory structures. Two of the accessory structures sit along the northern boundary of the property. The driveway to Lot #1 enters the lot from West Shore Road at the northern boundary and travels between the house and the northern boundary before angling south and passing in front of the two accessory buildings. There is only 20’ between the house and the northern property boundary, constraining the width of the driveway to 20’. Because of this constraint, M. Taylor-Varney said she would ask the Board to waive the 50’ right-of-way requirement in favor of a 20’ right-of-way to match the current conditions on the property.
On Lot #1, the designated alternate location for the septic system precludes routing the driveway elsewhere on Lot #1. Both lots currently have a septic system but there is a state wastewater permit for replacement systems for both lots.
The northern most fork of the driveway provides access to the west across Lot #1 to the adjacent Yanga Sala property (parcel WS 423).
Power to the house on Lot #2 comes underground from the pole. Power to Lot #1 is from overhead lines that travel along the northern boundary of Lot #2, crossing into lot WS 423 (Yanga Sala), before turning south in Lot #1 and traveling on to the dwelling on Lot #1.
M. Taylor-Varney said that setbacks are not shown on the plat because there are no proposed developments at this time. Contour lines are not shown on the plat but are shown on the wastewater plat. The slope to the lake inhibits development on much of both lots. M. Taylor-Varney said that she would ask for a waiver so septic and contour lines could be omitted from the main plat, as they are shown on the septic plan and the main plat becomes difficult to read. M. Taylor-Varney said that the designation of Shoreland District was inadvertently omitted from the plat but would be required as a condition of approval.
D. Patterson asked if there is an existing easement on the Yanga Sala property (Parcel WS423) in favor of the applicant, for the power line that crosses it to serve the proposed Lot #1. M. Taylor-Varney said no. D. Patterson said there should also be an easement on Lot #2 in favor of Lot #1 for the continuation of that power line from the Yanga Sala property across Lot #2 to Lot #1. Walter Magill noted that the power line was relocated when the line was taken down in an ice storm some years ago, and said that Parcel WS423 also takes its power from the last pole on the proposed Lot #1.
M. Welch asked if a right-of-way should be required in favor of Parcel WS423 for the driveway crossing the proposed Lot #1 to serve Parcel WS423. M. Welch noted that the right-of-way was shown on the plat across Lot #2 but not continued across Lot #1.
W. Rowe asked if there was an issue with setback and the right-of-way regarding the house on Lot #2, since the driveway passes between the house and the northern property line, and that space is only 20’ wide. D. Patterson agreed, saying it’s basically a private road serving three lots. W. Rowe asked how much the structure needed to be set back from the right-of-way. M. Taylor-Varney said that the regulations specified a 25’ setback from the right-of-way, but that this is a pre-existing non-conforming situation. W. Rowe said that when the parcel was one lot, it was a driveway, but with the subdivision it becomes a road with a right-of-way serving another lot. He agreed that the Board had the ability to grant a waiver for the width of the right-of-way, but now that there is a road, there would also need to be a waiver for the setback from the right-of-way.
T. Maxham observed that the Yanga Sala Trust has been accessing their land across the Magill property for a number of years. T. Maxham said that now that Magill was subdividing, there would need to be an easement on Lot #1 in favor of Yanga Sala.
W. Rowe said that he understood that Yanga Sala had used the driveway as an access to their property but that there wasn’t a legal right-of-way else it would be in the deed and noted on the plat. W. Rowe said the question is whether or not there is a legal right-of-way across the Magill property in favor of Yanga Sala reflected in a deed. M. Taylor-Varney said do you have to show it in a deed, or can it be a verbal agreement. W. Rowe said that there can be a verbal agreement, but that doesn’t make it a right-of-way.
M. Welch said that if you don’t establish a legal right-of-way, a future owner of Lot #1 could deny permission to cross his land to get to Parcel WS423.
M. Taylor-Varney said that she felt that the Board could grant a waiver for the width of the right-of-way, and that the right-of-way could be in the current location of the driveway. W. Rowe said that he hasn’t heard anything that says there is a right-of-way, but the only evidence thus far is that there is a driveway that the Magills are kind enough to let Yanga Sala drive across, which doesn’t create a right-of-way.
T. Maxham said that it appears that if the Board feels that the 20’ width and location of the driveway are adequate, a condition of approval should be that the Magills establish a right-of-way from West Shore Road across Lot #2 and Lot #1 to service the Yanga Sala Trust (Parcel WS423), and across Lot #2 to service Lot #1. M. Welch agreed, and said that Yanga Sala Trust also needed to provide a right-of-way where the driveway crosses their property on the southeast corner of their lot, or else the driveway needs to be moved. W. Rowe said he agreed that the rights-of-way needed to be codified.
With no more discussion, M. Taylor-Varney said that she was asking for the Board to approve a waiver of the 50’ right-of-way in favor of a 20’ width, and waive the requirement to show wastewater and contours on the plat, given that they are also shown on the wastewater plan.
G. Hunt made a motion to waive the 50’ width requirement for the right-of-way in favor of a 20’ requirement; S. Arguin seconded the motion. The motion was approved by roll call with all present voting in favor.
M. Welch made a motion to waive the requirement for contours and septic to be shown on the plat. S. Arguin seconded the motion. The motion was approved by roll call with all present voting in favor.
M. Taylor-Varney said that to summarize, the conditions for approval would be that a) the signed and sealed paper survey of the subdivision reference the Shoreland District; b) the applicant shall establish a deeded right-of-way over Lots 1 & 2 to access the Yanga Sala parcel; c) Yanga Sala shall establish a deeded right-of-way to Lot 1 on the southeast corner of their lot.
D. Patterson asked for the setback to the dwelling on Lot 2 from the right-of-way on West Shore road also is shown on the plat. M. Taylor-Varney agreed to include the condition.
T. Maxham asked for a motion to accept the subdivision with the conditions discussed. M. Welch made the motion. W. Rowe seconded the motion. The motion was approved by roll call with all present voting in favor.
T. Maxham concluded the hearing at 7:53 p.m.
Hearing: Waiver Request to build a screened-in porch partially within the setback to Lakeview Rd – Phil and Deborah Marshall (Application #20-72-LV117)
Notice & Oath
G. Hunt read the hearing warning. T. Maxham noted that the applicants had been sworn in at the beginning of the meeting.
Appearing on behalf of the applicant
Phil and Deborah Marshall
Phil Marshall stated that they wanted to build a 12’ x 24’ screened-in porch addition onto the west side of their home at 117 Lakeview Road. The roof overhang of the proposed addition would extend two feet into the setback from Lakeview Road and so they were asking for a waiver.
M. Taylor-Varney said that the home is in the Shoreland District, and although the waiver from setback that is provided in the bylaws for the Shoreland district is intended for small lots, she felt that the home was uniquely situated such that the Board might grant the waiver. She noted that the house was located in a corner of the lot near the road, and the majority of the property extended east into swamp and forest.
D. Patterson asked why the porch couldn’t be narrowed by two feet to comply with the setback. Phil Marshall said that the proposed porch width was twelve feet, and that narrowing it to ten feet would considerably diminish the utility of the room. Deb Marshall said that the street end of the house housed the kitchen and the primary access, and they wanted to provide a screened entry to the house at that location. She noted that the roof over the porch would be congruent with the existing roof, and that the walls were outside of the setback area. Only the roof extends 22” into the setback.
M. Taylor-Varney asked if the rest of the roofline had a 22” overhang. The Marshalls said yes.
Hearing no further questions or discussion, T. Maxham closed the hearing at 8:08 p.m.
Review of Minutes
D. Patterson moved to accept the minutes of July 22, 2020 as corrected. M. Welch seconded the motion. The motion passed by acclamation.
The Administrator’s Report was delivered by Martha Taylor-Varney (Zoning Administrator).
• August 26 two hearings
o Lavin property Lot #4 conditional use & site plan review for a home and large woodshop business.
o Matt Bartle is applying for a change of use at 1 Ferry Road to put in a nanobrewery and tasting room.
• Nothing scheduled yet for September.
Motion to Adjourn
G. Hunt moved to adjourn to deliberative session. The motion was seconded by W. Rowe and carried by acclamation. The meeting was adjourned to deliberative at 8:32 p.m.
James G. Brightwell
Clerk for S. Hero Development Review Board
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.