South Hero, Vermont

Zoning Administrator

October 13, 2021 DRB Minutes

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SOUTH HERO DEVELOPMENT REVIEW BOARD MINUTES                October 13, 2021

 

Members Present: Tim Maxham (Chair); Doug Patterson (Vice-Chair); Liza Kilcoyne; Gareth Hunt; Bill Rowe; Sherry Corbin (Alternate)

Public Present: Ben Frost; Erica Frost; Bob Fireovid; Martha Taylor-Varney (ZA)

 

7:00PM – T. Maxham called the meeting order.

 

Changes to the Agenda

There were none.

 

Public Input

There was none.

 

Administrative Review of a 2-Lot subdivision at 273 West Shore Rd. – Benjamin Frost – 22-13-WS273)

Introductions were made, the warning was read, and interested persons were sworn in.

The application was presented to the Board by ZA Martha Taylor-Varney. The application is for a 2-lot subdivision of a 4.12-acre lakefront parcel with a 7BR home.  Proposed Lot 1 will be 2.9 acres and will retain the home. Proposed Lot 2 is a 1.22-acre buildable lot with a State wastewater permit for a 4BR home.  Both lots will have frontage on the lake and direct access to West Shore Rd.  Lot 1 is mostly in the Shoreland zoning district, with the southwest corner (all within the setback from West Shore Rd. and the south boundary) in the Rural Residential District.  Lot 2 is entirely within the Shoreland zoning district.

The Applicant has submitted a Town Highway Access permit application for an existing curb cut on the northwest corner of Lot 2. Power to Lot 1 comes from a pole on the east side of West Shore Rd. to a pole adjacent to the existing home. There are no easements for power lines that continue from that pole to the adjacent property at WS260.There is a pole across from Lot 2 on West Shore Rd.  G. Hunt moved to waive the requirement to show utilities to the proposed home on Lot 2; L. Kilcoyne second. All in favor.

The south boundary of the parcel is the center of a 15-ft. right-of-way that access a lakefront lot southwest of Lot 1.  The east boundary of the parcel is the edge of the West Shore Rd. right-of-way. Lot 2 has a building envelope that is 25 feet from the West Shore Rd. ROW and the north and south boundaries of the lot.   The envelope is 100 feet from the mean level of the lake rather than the 75-ft. lake setback required by the Town.   The contours on the survey are 2 feet.   Table 4.1 requires 5-ft. contours.  G. Hunt moved to accept the modification from 5-ft. to 2-ft. contours; S. Corbin second.  All in favor.

  1. Patterson asked where the Note was that referenced the Dwinell survey on this plat? This will need to be added as a condition. He also wanted to see accurate distances on the south and east boundaries, rather than +/-, unless there is an explanation that is acceptable as to why it could not be accurate.  The Board also asked that there be a note added to the survey that there is no easement from the pole on Lot 1 for the power line to the adjacent Mack property.  G. Hunt moved to approve Administrative Officer’s recommendation for approval of the subdivision, with conditions.; B. Rowe second.  All in favor.  T. Maxham signed the decision for the Board.

 

Old Business

There was none.

 

Review of Minutes

  1. Kilcoyne moved to approve the minutes of September 22, 2021; D. Patterson second. All in favor.

 

Administrator’s Report

  1. There will a 5th Monday meeting for the Selectboard, DRB, and the Planning Commission. It will be a special Selectboard meeting.  Martha needs to confirm if the meeting will begin at 6 or at 7PM.
  2. Scheduled hearings for October 27 include:
  3. A 2-lot subdivision at 41 South St.
  4. A setback waiver request at 14 Harrington Lane.
  5. Gareth won’t be here for the 10/27 meeting/hearings. The meeting on November 10th will be a deliberative only.  There will be no meeting on November 24, 2021.

 

Adjournment

8:13PM — G. Hunt moved to adjourn; L. Kilcoyne second.  All in favor.

 

 

Respectfully submitted,

Martha Taylor-Varney, ZA

 

 

Signed: ________________________________________ Date: ________________________

For the DRB

 

These minutes are unofficial until approved at the next regularly scheduled meeting.  All motions were unanimous unless otherwise indicated.

October 11, 2021 Selectboard Minutes

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Selectboard Minutes

Regular Meeting of Monday October 11, 2021 at 7:00 PM

At South Hero Town Hall and via Zoom

 

Board Members Present: David Carter/Chairman, Ross Brown/Vice Chairman, Chuck Hulse, Anne Zolotas (entered the meeting at 8:30PM).

Board Members Not Present: Skip Brown/Board Secretary

Others Present:    Mike Donoghue  (The Islander), Julow, Town Clerk/Treasurer, Martha Taylor-Varney, ZA, Karen Browning (via Zoom), Sandy Gregg (via Zoom), Tim Maxham, and Cindy Reid, Cathedral Square Corp. (via Zoom)

 

  1. Called to Order:

-The meeting was called by Chairman Carter at 7:00 pm

 

  1. Adjustment to Agenda:

            -none

 

  1. Minutes:

–Chuck Hulse made a motion to acknowledge the minutes of the meeting of September 27, 2021.  The motion was seconded, all who were in attendance at the last meeting so voted and the motion carried.

–Ross Brown made a motion to acknowledge the minutes of the special meeting of October 7, 2021, to approve conduit connection from the Fire/Rescue building to Bayview Crossing.   The motion was seconded, all who were in attendance at the meeting so voted and the motion carried.

 

  1. Public input:
  2. A. David Carter congratulated Planning Commission member Michele Gammal, the vendors, and visitors for the Weekend in the Islands celebration in South Hero over the weekend of October 9 and 10. It was a great success, and the Board appreciated the effort made by all.
  3. B. Bridget Kerr read a statement to the Selectboard [included as an attachment to the minutes]. David Carter responded that the Selectboard’s vote to approve the proposed amendments to the Development Regulations was in the best interest of the Town.
  4. C. Karen Browning asked the Board what their thought were on reapportionment. None of the current representatives of Grand Isle County are from the Islands (2 reps from Milton and the Senator from Colchester). Karen asked of the Board supported redistricting to have better representation. Karen will send a current plan to the Board for their response. Proposals are requested by October 18. This will be a future agenda item.

 

  1. New Business:
  2. A. Cindy Reid of Cathedral Square presented an amended MP1 policy from VCDP, requiring the addition of “no texting while driving” to the municipal policy. Ross Brown made a motion to approve the addition and sign the amended policy. The motion was seconded, all who were in attendance at the meeting so voted and the motion carried.
  3. B. Cindy Reid also presented the VCDP Admin Services Program Management Contract, allowing Cathedral Square to administer the recently received Implementation grant. The Treasurer’s responsibilities will be to maintain adequate records on receipt and disbursements of grant funds. Cathedral Square will be responsible for all other administrative duties required by the grant. Chuck Hulse made the motion to sign the contract. The motion was seconded and all those in attendance at the meeting so voted and the motion carried.
  4. C. Ross Brown made a motion to sign the FY22 Municipal Resolution in support of the Planning Commission’s application for a municipal planning grant for the 2023 Town Plan update. The motion was seconded and all those in attendance at the meeting so voted and the motion carried.
  5. D. Chuck Hulse made the motion to accept the name “Higgins Lane” for the private road/right-of-way created by the subdivision of 487 West Shore Rd. The motion was seconded and all those in attendance at the meeting so voted and the motion carried.
  6. E. Ross Brown made the motion to authorize up to $570 for the purchase of a bulletin Board to be mounted on the plexiglass outside the front door of the Town Office. The motion was seconded and all those in attendance at the meeting so voted and the motion carried.
  7. F. The Board tabled the appointment of a Health Office for a 3-year term and add it to the agenda for the Oct. 25 meeting.

 

  1. Administrative Assistant Report:
  2. A. See the written report filed with these minutes (below on the website or filed in Town Hall).

 

  1. Old and Ongoing Business:
  2. The OSHMH committee had a meeting with Rebecca Arnold of Arnold and Scangas architects on October 7th, with a preliminary walkthrough of the building. The committee expects a report on structural issues, estimated renovation costs, and procedures going forward by winter. David announced Nate Hayward’s intention to donate land behind the meeting house to the Town to be used for recreation. A committee of local residents will be formed to consider options for the space.
  3. B. Regarding ARPA funds, there will be a webinar on October 20 from 6 to 7:15PM to discuss the requirements and restrictions for the funds received by Town. South Hero will receive $493,000 in total funds.  The community will need to decide how to how to use the funds. David suggested that the Planning Commission host public meetings and conduct surveys to get public input. Ross would like to see community members not already on Boards take part. David will be meeting with the Planning Commission at their 10/20 meeting to ask the Commission to take on that responsibility.
  4. C. Ross told the Board that he has been gathering information from other towns who have impact fees attached to building permits for new homes. NRPC will help review the information. Chuck Hulse asked if the impact fees would be earmarked for specific uses. Ross will send the information he has gathered so far to the Board members to review. Impact fees will be kept on the agenda for the Oct. 25 meeting. Tim Maxham suggested this be discussed at the 5th Monday meeting scheduled with the DRB and Planning Commission on November 29, 2021.

 

  1. Announcements and Communications:
  2. David read a letter from Island Arts thanking the Board for the donation to their 2021 budget, and requested the same amount be considered for their upcoming 2022 budget.

 

 

  1. Other Business:
  2. A. Chuck Hulse made a motion to approve and sign orders 22-08 and to pay the bills associated with the orders. The motion was seconded, all in attendance so voted and the motion carried.
  3. B. Town budget discussion for FY2023 will begin at the Oct. 25, 2021 meeting. Refer to the Administrator’s Report for the organizations scheduled as of this evening.
  4. Town Treasurer Kim Julow told the Board that the annual audit will start on October 18.
  5. There was no Recreation Commission (RC) update.
  6. D. Ross Brown reported that the Road Department has been very busy. They will meet their deadline to complete ditching on Hill Rd.  Test pits were dug on the Hill Rd. property behind the Town garage that the Town is considering purchasing for a new salt shed.  Septic need for the garage is yet to be determined.  Paving on Martin Rd. and Landon Rd. is complete.  Paving on Sunset View is ongoing.  There may still be an additional water leak in the line to the Town Office.  John Beaulac will be testing the water to determine if it is from the Fire District update:
  7. E. Anne Zolotas asked that the Board understand the importance of bicyclists to the Town. The Town needs to work towards providing enough room on local roads for motorists and bikers to travel the roads safely.
  8. F. Ross Brown offered an apology for anyone who was offended by his remarks at the Selectboard’s August 23rd Public hearing and September 13 regular meeting.

 

  1. Adjournment:

-Chuck Hulse made a motion to adjourn 8:50 pm.  The motion was seconded, all in attendance so voted and the motion carried.

 

 

Respectfully submitted,                                      Approved by,

 

_______________________________                ________________________________

Martha Taylor-Varney                                       David Carter, Chairman

 

Message to Selectboard Read by Bridget Kerr at 10/11/2 SB Meeting

Hello,

My name is Bridget Kerr.  I live on South Street, within the new South Hero Village Zoning District. I served on the South Hero Planning Commission from 2017-2020.

On June 16, 2021, at the Planning Commission’s public hearing on proposed amendments to the 2020 Development Regulations, the vice-chair of the Selectboard vigorously pushed back on my testimony, claiming that hearing from a few neighbors was not enough, that he needed to hear similar concerns from more residents.  So two months ago, neighbors gathered to discuss shared concerns about the direction of town planning, and in a short time, over 130 South Hero residents, including homeowners and businesses throughout town, signed a petition expressing opposition to allowing industrial use throughout our villages.

A hard copy of this petition, with signatures, was presented to this board at a well-attended public hearing of the Selectboard on August 23.  That evening, and at the subsequent Selectboard meeting, the majority of residents who spoke expressed concerns about industrial development; this time the vice-chair was interruptive and argumentative and he accused South Hero’s residents of being “apathetic.”  At your September 13 meeting, following little public discussion amongst board members, you voted unanimously to allow for industrial use throughout both village zoning districts where this use had been prohibited.

I’m here this evening to ask you to please explain why the Selectboard has not responded publicly to this petition.

Thank you.

 

 

Administrator’s Report – 10/11/21

Administrative Officer’s Report to Selectboard                                   October 11, 2021

Discussion Items:

  1. Scheduled so far for 2023 budget discussion:

October 25,2021 – Museum; Library

November 8, 2021 – Sheriff’s Dept.; Cemetery Commission

November 22, 2021 – Highway Dept.

I’m still waiting to schedule Rec Commission; Fire Dept; Rescue

 

  1. A 5th Monday meeting has been scheduled for the SB with the Planning Commission and DRB.

 

 

Planning Commission:

The Planning Commission is now meeting in person but continues to provide a Zoom option for those who prefer.

  1. The Planning Commission is completing the application for a 2022 Municipal Planning Grant for the 2023 Town Plan update. Deadline is October 31, 2021.  The Commission thanks Sandy Gregg for taking this monumental task on.
  2. Additional discussion continues re ARPA fund possibilities.
  3. The South Hero Wastewater Committee (they may change the name!) will hold their first meeting on Monday, Oct. 18 at 4:30PM at the Town Office. Committee members are George Harwood, Ross Brown, Peter Zamore, and Bob Buermann.  Greta Brunswick wil represent NRPC on the committee.

 

Development Review Board:

– DRB meetings moved back to in-person meetings at the Town Office on June 23.  The Zoom option will continue to be available.  The Board agreed to make the meeting time of 7PM, moved in June from 6PM, a permanent change.  The earlier time makes it difficult for some members to get there on time.

– Upcoming hearings include two 2-lot subdivision administrative reviews and a setback waiver request. I am scheduling DRB hearings into November 2021.

– Recent DRB hearing decisions are posted on the Board outside the ZA’s office or can be emailed upon request.

 

 

Respectfully submitted,

Martha Taylor-Varney (ZA and Assistant to the Selectboard)

 

 

 

 

October 13, 2021 DRB Agenda

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TOWN OF SOUTH HERO

DEVELOPMENT REVIEW BOARD

October 13, 2021

 

Meeting to be held at the Town Office.  A Zoom option is available upon request.

 

NOTE — Meeting begins at 7PM

 

Contact the S. Hero ZA for a Zoom invitation

[email protected] or 372-4841

 

 

AGENDA

 

 

 

  1. Changes to the Agenda
  2. Public Input
  3. Benjamin Frost Administrative Review for a 2-Lot Subdivision at 273 West Shore Rd. (22-13-WS273)
  4. Old Business
  5. Review of Minutes
  6. Administrator’s Report
  7. Adjournment

 

 

 

October 6, 2021 PC Agenda

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SOUTH HERO PLANNING COMMISSION

Agenda

6PM on October 6, 2021

 

This meeting will be held in the Town Office.  A Zoom option is available.  Please contact the South Hero Zoning Administrator at [email protected]  for a Zoom invitation.

 

All attendees in the Town Office are required to wear masks until further notice.

 

AGENDA

 

 

  1. Changes to the Agenda
  2. Public Comment
  3. 2023 Town Plan – Municipal Planning Grant deadline is Oct 31st.
  4. Wastewater planning and assessment update
  5. Weekend in the Islands update
  6. Discuss fence definition – discrepancy with Sec. 703
  7. Meeting Minutes
  8. Administrator’s Report
  9. Adjournment

 

September 22, 2021 DRB Minutes

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SOUTH HERO DEVELOPMENT REVIEW BOARD                                September 22, 2021

 

Members Present: Tim Maxham (Chair); Doug Patterson (Vice-Chair); Gareth Hunt; Nate Hayward; Bill Rowe, Jim Brightwell (via Zoom).

Public Present: Jeffrey Wells; Devin Hackett; Martha Taylor-Varney, ZA

 

7:00PM – T. Maxham called the meeting to order.

 

Changes to the Agenda

Martha received the Alsop Mylar today for the Board to review and sign.  Will be added to ‘Old Business.’

 

Public Input

There was none.

 

Jeffrey Wells (Applicant) and Hackett’s Orchard (Landowner) – Conditional Use/Site Plan Review per the Town’s Mobile Vendor Ordinance (22-11-SS086)

  1. Maxham recused himself from the hearing. D. Patterson chaired the hearing. The warning was read, introductions made, and interested persons sworn in.

Jeffrey Wells, owner of Fair Time Concessions and Devin Hackett of Hackett’s Orchards presented to the Board.  Mr. Wells had been granted a waiver from the Selectboard to operate at Hackett’s prior to the DRB’s review due to the late season and scheduling delays in the zoning office.  Mr. Wells explained that his business would reflect the Orchard business by including apple products from the orchard.  His intention is to serve Hackett’s customers rather than attracting customers off the street.

The vendor unit will operate Friday through Sunday at the same times as the orchard business hours – 9AM to 6PM.  No additional parking is proposed since the business will serve primarily customers of the orchard and there is adequate parking already existing.  Power and water will be supplied by a receptacle and spigot at the orchard store. Mr. Wells bought a protective rubber matt to cover power and water lines that run from his unit across the driveway to the store for safety and protection from vehicle traffic.

The proposed mobile unit location is beside the greenhouse, between the playground and the farm drive that leads to the orchard and additional parking.  The Board explained to Mr. Wells and Devin that the review is for the location and that approval would be for any mobile vendor, not just the Applicant.  Devin requested no limit to the time of year, although he anticipates no winter or cold-weather use.  The review is for only one vendor at a time.

  1. Hunt moved to waive the requirement to show contours on the site plan; N. Hayward second. All in favor.

 

7:31PM — D. Patterson closed the hearing.

 

Old Business

  1. Maxham signed the Mylar for the Alsop 2-lot subdivision and boundary adjustment (22-07-FR094), approved on September 8, 2021.

 

Review of Minutes

  1. Welch moved to approve the minutes of September 8, 2021; G. Hunt second. All in favor.

 

Administrator’s Report

  1. Upcoming schedule-
  2. October 13, 2021: 2-lot subdivision administrative review.
  3. October 27, 2021: 2-lot subdivision administrative review (not yet confirmed)
  4. Does the Board want to continue with the 7PM start time (moved from 6PM)? Yes

 

Adjournment

7:42PM – G. Hunt moved to adjourn and move to deliberative; B. Rowe 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.