DRB minutes

SOUTH HERO DEVELOPMENT REVIEW BOARD MINUTES                            March 8, 2023

 

Members Present: Tim Maxham (Chair); Doug Patterson (Vice-Chair); Jim Brightwell; Nate Hayward; Mike Welch; Ellie Reid (via Zoom)

Others Present: Angelina Menard; Sandy Gregg; Nancy Tracy; Jan Doerler; “iPad Rich”, Cindy Spence; Cynthia and Todd Kelley; Devin Hacket; Don Bedard: Bridget Kerr; Joan Falcao; Peg Kirk; Rick Monterosso; Amie Saunders; Sharon Chadwick; Janine Bellinghiri; Jeff Sikora; Heidi Tappan; Anne Quinn; Dave Marshall (Civil Engineering Associates); Meghan Kohlmeyer (Applicant); Kevin Kohlmeyer; Martha Taylor-Varney (ZA).

 

7:02PM – T. Maxham opened the meeting and introduced the Board members.

 

Changes to the Agenda

There were none.

 

Public Input

Joan Falcao told the Board that the agenda had not been posted on the website.  M. Taylor-Varney responded that she had been notified by Janine Bellinghiri earlier that afternoon that is wasn’t there and she posted it.  However, the meeting had been warned correctly, meeting the requirements of the Development Regulations.

 

Final Site Plan Review for an 18-Hole Miniature Golf Course on Lot #2, 275 US RT 2 – Island  Time/Meghan Kohlmeyer

The warning was read.  T. Maxham administered the oath to those wishing to testify and instructed the public on the hearing process.

Applicant Meghan Kohlmeyer herself, her husband, Kevin, and their engineer, Dave Marshall of Civil Engineering Associates).  She explained that her vision for the golf course is to maintain the natural landscape (the trees and the stream).  The theme will include local lore and history of this part of Lake Champlain, with features including ‘Champ’, a lighthouse, and railroad.  Engineer David Marshall told the Board that the plan works around the existing trees on the lot and that they plan to keep the drainage swale.  An interceptor swale on the south boundary of the lot will divert water to the drainage ditch.  A stormwater run-off plan includes a “gravel wetland” to filter the flow of water before it is collected and discharged to the existing ditch.  The 29-car gravel parking lot has been moved to along the south boundary, leaving a green space between the parking area and the course. The lot had been adjacent to the course on the preliminary site plan, leaving the open area along the south boundary for future additional parking, if needed.  The new open space location is also designated for possible future parking. The lot includes 2 HC spaces.  Although the lot is gravel, the HC spaces will be marked in blue paint.  As there will be no need for wintertime plowing, the painted gravel will last longer.  Also differing from the preliminary site plan, lighting bollards are proposed to be replaced by 4 tree-mounted motion sensor lights.  Since operating hours will only be limited to daylight, there are no proposed lights for the course.  Two lights will be included under the canopy of the clubhouse.

The Applicants explained that the “Champ” feature replace a free-standing sign along RT 2.  They are asking the Board for permission to keep the sign lit each night until 9PM.  There was discussion about the size of the proposed feature and whether its size would be considered under the Town’s sign ordinance.  The proposed height and dimensions  (24’x16’x8’) exceed the limits of the sign ordinance.  The trees will create a canopy to reduce uplighting and spread to the road and abutting properties.

The application meets the requirements for water and septic.  The use of porta-johns is proposed, located at the entrance to the course from the parking area. These will be screened.  Water from fire district #4 is shown on the site plan to extend from an existing water valve along RT 2, to be connected to hoses for washing down the course area only.

 

Board Questions

1. Maxham:
2. Is the culvert under RT 2, 24” as shown on the plan, or 42” as included in the Applicant’s narrative? Dave Marshall confirmed that it is 24”.
3. The constructed curb cut shown on Sheet C1.0 does not line up with the right-of-way. It appears to be about 15 feet east of the ROW. D. Marshall confirmed that the right-of-way placement on the plan is correct, and the constructed curb cut is incorrect.  There is no culvert yet under the curb cut.
4. The most recent subdivision approval of the Lavin parcel required that utilities be within the ROW. This site plan shows a water line bisecting the lot from the service connect on RT 2 to the clubhouse. Jeff Sikora said that both water line and power will run up the east side of the right-of-way.  Conditions for this application will include water and power locations will meet those shown on the subdivision plat.
5. Will there be a well drilled? None plan, at this time. The Board will require a letter from Fire District #4 confirming enough capacity for the proposed use.
6. Are there any ash trees on the site? Meghan stated that they need to assess this more once the trees leaf out in the spring.
7. Tim asked for elevations and a floor plan of the clubhouse.
8. Does the Applicant propose to open this year? No, aiming for 2024.

 

Jim Brightwell:

1. Have you considered other materials for the fence besides chain link, to blend in with the property? Meghan explained that they want the fence along the road to be transparent.  She proposed additional landscaping to screen the fence, if required. She is open to other materials, but it needs to be see-through.  Would she consider split rail?    The fence on the west side will have additional natural screening.
2. Are there details available for the proposed features on the course – artistic drawings, perspectives? Kevin Kohlmeyer explained that these were one-of-a-kind designs and that they may be able to get better renderings.   The largest features are Champ and the lighthouse.  Jim asked for details including the number of features, their size and dimensions, plus what is going where?  Would it be possible to move Champ further away from the road?

 

Doug Patterson:

1. What is the proposed schedule? Meghan said they hope to start in late summer or fall and complete in early spring 2024.  The right-of-way and utilities need to go in first.  Jeff Sikora said the plan is to start the road in July (this summer).  Landowner Martin Lavin will build the road and install water lines and a transformer once the first lot is sold.
2. Is there a commitment from Fire District #4 that there is enough capacity? Jeff said they are in the process of confirming that.  Doug – How can the DRB approve a project without knowing this?  Jeff is working with Jay Buermann and believes there will be enough capacity.  The fire district will not consider it unless there’s a real project proposed.
3. Is the stormwater plan compliant with the Town’s regulations?  Dave Marshal said it is.

 

Nate Hayward:

1. Will there be any changes to elevations created on the parcel? Dave Marshall said that a berm will be built along the south boundary of the lot to direct water to the existing ditch.
2. What materials will be used on the course? The walkways will be gravel and the course itself will be concrete.

 

Tim Maxham:

1. Condition #5 of the conditional use and preliminary site plan decision [application #23-28-RT275, date December 14, 2022] stated that, at final site plan review, the Applicant should be prepared to discuss providing sufficient guarantees to the Town for demolition and site reclamation of the course and amenities should the business close permanently. Meghan said that they would intend to reclaim the property and are limiting the amount of concrete areas.  She asked the Board how to satisfy them.  Do you need a plan or some sort of bond?
2. Tim said he was not comfortable wit the plan to mount lights on the trees. He prefers poles.

 

Mike Welch asked if the business failed, would the improvements for stormwater benefit a future property owner?  Dave Marshall said yes.  He will draw up a reclamation plan.

 

Questions from the Public:

Janine Bellinghiri stated that she agreed with Jim Brightwell.  She felt the project, as proposed, did not fit in with the rural nature of the area.

Bridget Kerr asked about security lighting – how many?  Meghan stated there would be 5 to 6 motion activated lights that would be for after business hours.  What is a “gravel wetland”?  Dave Marshall explained that it has a vegetative surface and that there may be temporary ponding after heavy rain but will filter the stormwater as they drain.  They are different from stormwater ponds and more efficient.  They are now the most used stormwater mitigation in Vermont.  What is the percentage of impervious surface?  Dave Marshall responded that there is a little over ½ acre of impervious surface (road/parking/walkways/course) resulting in 25% of the 2.44-acre lot.  How many trees will be removed? Perhaps one dozen small trees, beneath the canopy of the large trees.

 

Sandy Gregg asked if there was a sidewalk plan along RT 2 included in the proposal.  Meghan said that at this time it was cost prohibitive but they would consider helping to maintain a path along the road.  Will the power be underground?  Yes, it will be underground from a pole on RT 2 to the utility right-of-way, and then to the course.

 

Jan Doerler asked how the proposal would benefit the residents of South Hero.  Meghan responded that it would bring additional business and visitors to South Hero, as already come to Seb’s and other existing businesses in town.  When will it be operating? May to October.  Jan wants this to be conditioned heavily, and to include landscaping to avoid a “Coney Island” appearance, and that she was also concerned about how it might impact property values.  Meghan stated that it was not their vision for the business to be an eyesore. She was happy to consider additional aspects to improve the street view.

 

Doug Patterson read to the meeting attendees an email sent to the Zoning Administrator from Nancy Vanacek (315 West Shore Rd.) in response to the application. He stated the letter was defamatory and did not add to the discussion. D. Patterson moved to enter the letter as an exhibit; there was no second.  No action taken.  Tim Maxham stated that the letter was not from an interested person to the application.  He said the DRB treats applicants with respect and complies with the Regulations, including listening to adjacent property owners.  The email was an inflammatory statement about a political process and an issue that has divided the community.  He apologized to the Applicants.   The letter will not be considered when this application is deliberated.

 

Tim Maxham stated that there are still some things that the Board needs from the Applicants before the hearing is closed.  ZA Martha Taylor-Varney will meet with them to compile that list.  Mike Welch moved to recess the hearing to April 26, 2023 at 7PM; Nate Hayward second.  All in favor.

 

 

New Business

There was none.

 

Review of Minutes

Doug Patterson moved to approve the minutes of February 8, 2023; Mike Welch second.  All in favor.

 

Administrator’s Report

1. Grand Isle County has a new Wetlands Ecologist. Krystal Sewell has replaced longtime G.I. wetlands ecologist Brock Freyer.
2. Martha told the Board that surveyor Warren Robenstein died on February 26. Warren was 87 years old.
3. The upcoming schedule includes 2 subdivision applications for the March 22 meeting, and the continuation of the Island Time final site plan review on April 22^nd. The April 12 meeting will be a short business meeting followed by a deliberation, unless the ZA receives a complete application for a hearing by March 16.
4. Martha told the Board that she will be proposing a series of Zoning ‘classes’ to be held on a monthly basis for anyone interested in understanding the zoning process in South Hero. Each presentation will be of just one subject, eventually covering all of the Development Regulations.  Meetings will be in-person, with a Zoom option and possibly filmed.  No specific day/date has been determined yet to start.  The idea has already been presented to the Planning Commission, with positive feedback.

 

Adjournment

9:08PM – Nate Hayward moved to adjourn; Mike Welch second.  All in favor.

 

Respectfully submitted,

Martha Taylor-Varney, ZA

 

 

Signed: _________________________________________ Date: ______________________

For the DRB

 

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

 

SOUTH HERO DEVELOPMENT REVIEW BOARD MINUTES                            February 8, 2023

 

Members Present: Tim Maxham (Chair); Doug Patterson (Vice-Chair); Liza Kilcoyne; Mike Welch; Jim Brightwell; Sherry Corbin; Nate Hayward; Ellie Reid (via Zoom).

Others Present: Martha Taylor-Varney (ZA)

 

7:04 pm – T. Maxham called the meeting to order.

 

Changes to the Agenda

There were none.

 

Public Input

There was none.

 

Annual Reorganization

1. Corbin moved to keep the same Chair [Tim Maxham] and Vice-Chair [D. Patterson] that are currently serving; L. Kilcoyne second. All in favor.

 

Review of Minutes

1. Patterson moved to accept the amended minutes of December 14, 2022; N. Hayward second. All in favor.

 

Administrator’s Report

1. There will be no meeting on February 22, 2023. The meeting on March 8, 2023 includes two hearings; the meeting on March 22 includes one hearing.
2. The South Hero Selectboard and Planning Commission received letters from SouthHeroVoters.org regarding a public meeting scheduled at the Worthen Library, hosted by them, to be held on February 23, 2023 at 6:30pm.
3. Updated FEMA maps for Grand Isle County will be made available sometime this winter/spring [no date yet] for review. The most current maps available right now are from 1976.

 

Adjournment

1. Corbin 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.

SOUTH HERO DEVELOPMENT REVIEW BOARD MINUTES                            December 14, 2022

 

Members Present: Tim Maxham (Chair); Doug Patterson (Vice-Chair); Nate Hayward (via Zoom); Mike Welch; Liza Kilcoyne; and Ellie Reid (via Zoom).

Others Present: Alan Perry; Alison Perry; Jeff Sikora; Martha Taylor-Varney, ZA.

 

7:00 PM – Chair T. Maxham called the meeting to order and the Boardmembers introduced themselves.

 

Changes to the Agenda

There were none.

 

Public Input

There was none.

 

Setback Waiver Review to expand the dining hall at Eagle Camp within the lake setback – Alan Perry (23-31-WS505)

Tim Maxham opened the hearing at 7:04PM.  The warning was read and interested persons were sworn in.  Alan Perry, representing Eagle Camp, explained that they wish to expand the floorspace in the dining hall to allow for tables to be spread out more.  During Covid, they had rented a tent to use as a dining hall but, due to expense and inconvenience, they decided to add onto the existing dining hall to allow for more room.  There will be no additional tables – this will allow the existing tables to be further apart.   The addition will be partially within the Town’s 75-ft. lake setback, so the Camp is requesting a waiver from that setback.

The Applicants propose adding a covered deck to the north end of the dining hall that will flow from a covered porch on the existing structure.  Stairs on either side of the porch will be the only access to the addition.  The deck will be open for the most part, but Alan Perry said they may have removeable panels that can be installed to protect from weather, as needed.  The roofline over the deck will extend from the roof over the porch.  An existing window above the porch roof will remain for ventilation into the upstairs storage area.  The structure will be wooden with a shingle roof, matching the existing rustic style of the dining hall.

The closest point to the lake from the existing dining hall is 65’. The Applicants’ Shoreland Protection permit will not allow the addition to be any closer to the lake than the existing structure.  It also will not allow the removal of more than 2sf of vegetation or development on slopes more than 20%.   The lake side of the proposed deck will maintain the 65-ft. distance to the mean level of the lake, following the contour of the shoreline.  A ledge on the east side of the site prevents expansion in that direction.  The resulting shape of the addition is a trapezoid, resembling a triangle with a flat ‘point.’  The ground will slope away beneath the deck, from east to west.  Only one tree will need to be removed before construction begins.  There is no other vegetation in the proposed area of the addition.

Jeff Sikora told the Board that the site plan he had prepared for the Shoreland permit application showed measurements from the walls of the dining hall structure rather than the edge of the roof overhang.  Shoreland considers walls, not overhangs.  The Board asked if the Applicants would accept a condition that they provide a drawing showing the walls and the overhang?  T. Maxham commented that the Applicants were looking for a 9 to 10-ft. waiver.  Could a condition include a maximum of a 1-ft. overhang?

Alan Perry told the Board that he’d like to start construction as soon as he could.  The cam will open for summer 2023 on June 17 and spring can be busy setting everything up for the summer season.

 

1. Maxham closed the hearing at 7:32PM.

 

Review of Minutes

1. Welch moved to accept the minutes from November 9, 2022; D. Patterson second. All in favor.

 

Administrator’s Report

1. There are no hearings scheduled for January 11. The Board will meet only if there are any deliberations to finish.
2. Martha told the Board that Tim and Nate had each been re-appointed to another 3-year term on the DRB by the Selectboard. Ellie and Sherry had been re-appointed to another 1-year term as Alternates to the Board.
3. The remaining structures at the Sand Bar Motel site were removed as of Wednesday, Dec. 14.

 

Adjournment

7:43 PM – D. Patterson moved to adjourn and move to deliberative; L. Kilcoyne 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.

              

 

SOUTH HERO DEVELOPMENT REVIEW BOARD MINUTES                            November 9, 2022

 

Members Present: Tm Maxham (Chair); Doug Patterson (Vice-Chair); Nate Hayward; Gareth Hunt; Mike Welch.

Others Present: Meghan and Kevin Kohlmeyer (Applicants); Anne Quinn; Jeff Sikora; Anne Quinn; Jen Saunders; Sharen Chadwick; Bridgett Kerr (via Zoom); Cindy Spence (via Zoom), Martha Taylor-Varney (ZA).

 

7:00PM – Chair T. Maxham opened the meeting and introduced the Board members.

 

Changes to the Agenda

There were none.

 

Public Input

There was none.

 

Conditional Use review for an 18-hole miniature golf course: Lot #2 on Lavin Lane – Meghan Kohlmeyer (application #23-28-RT275)

1. Maxham opened the hearing. The warning was read, and Megan Kohlmeyer, Kevin Kohlmeyer, and Jeff Sikora were sworn in.

Meghan and Kevin Kohlmeyer are proposing a seasonal 18-hole miniature golf course on Lot 2 at 275 US RT 2.  She presented an updated rendering of the proposed course to the Board and the public.  She told the Board that the course is designed for family recreation for both locals and tourists.  The seasonal operation has a theme centered on artifacts from Champs’ adventures and will be whimsical, incorporating ‘steampunk’ styling of a decoy submarine (shaped like Champ), the Island Railroad, a lighthouse, and other fixtures.  The lot design includes the existing drainage swale, and large trees on the lot will remain unless there are safety issues.  Lighting will be of the footpaths, no more than head high, and downward facing.  There will be no outdoor music.  There will be a 4’-5’ fence around the course.  The fence will not be solid.  Additional features include a bike rack, maintaining the existing berms as part of the course, and landscaping throughout. There will be a 10-ft. buffer between the fence and the lot boundary.  Power will be underground from a pole on RT 2.  Kevin Kohlmeyer explained that it will take roughly an hour to play the course.  The course will be ADA compliant.

The course will front onto RT 2.  Parking for 27 cars in a gravel lot is shown at the back of the lot. There is room for further expansion should it be needed.  Access will be from Lavin Lane. The plan also shows a future party pavilion in the greenspace.  A reference to a “Future Attraction” is also shown.  The Applicants understand that this future use will need additional review once the use is identified.  At this point, there is no specific proposal or plan.  A small ‘clubhouse’ will have an office and small concessions from a fridge or freezer.  No food will be cooked or prepared at the site. 2-3 employees are proposed.  The Applicants stated that they are exempt from wastewater.  Porta-johns will be provided.  Days and times of operation are as follows:  April – May 10am to 7pm; June – August 10am to 9pm; September – October 10am to 7pm.  No after-dark hours are proposed.  Hours and days will be weather dependent.  The course will be open 7 days/week, up to 120 days.

2. Maxham reminded the Applicants and the Board that a recreational facility in the South Hero Village Zoning District requires both conditional use and site plan review. For the conditional review, the Board will need to consider whether the application will create any undue adverse effect (Fig. 2.3 in the Regulations). The Applicants intend to come before the Board later for their site plan review.

There was a discussion regarding signage.  The front sign on the 16-ft. tall Champ structure in the course exceeds the height restriction for signs in the Town’s sign ordinance (12’).  Could this ‘Island Time Golf’ sign be considered a building-mounted sign instead? Review and permitting by the Army Corps of Engineers and VT DEC Stormwater await final work by Applicants’ engineer and environmental consultants.

1. Patterson asked about off-season facility protection. There will be security cameras and the gates will be locked. M. Welch asked if the course structures will be anchored against the wind.  The Applicants stated that they will be anchored into concrete.   The design will be of concrete and steel and will be wind resistant.  T. Maxham reminded them that the location of the gravel parking area can get wet and will need to be engineered to handle the traffic.  Drainage from the lot will be to the swale from the parking area and the course.   Review and permitting by the Army Corps of Engineers and VT DEC Stormwater await final work by Applicants’ engineer and environmental consultants, including wetlands delineation..

 

Open to the Public

Anne Quinn asked where the parking area will be accessed.  The parking and course will be accessed from Lavin Lane.  Sharen Chadwick owns the post office building immediately west of the proposed site.  She asked if the trees would remain.  The trees will remain unless any are deemed unsafe.  Underbrush will be removed.  Ms. Chadwick was concerned about additional noise that could impact the apartment on the east end of her building.  The fence will not be solid so will not act as a noise buffer.  Could additional screening be added to that side of the course?  The setback from the fence to the course will be about 10’.  Bridget Kerr asked about the amount of impervious surface that will result (% depends on engineer’s drawings.  That will be determined at site plan review); she asked about lighting details – will they be on all night? (operational lights no, lights for safety to be determined); what plans for the ’future attraction’? (yet to be determined.  Will require additional review); any plans for additional concessions or food trucks? (No food prep on site.  No food trucks); referencing several Town surveys, no one mentioned wanting a miniature golf course.  Would this benefit the Town?  Does the Town want it? (Kevin Kohlmeyer responded that it is a family friendly, wholesome outdoor activity).  Cindy Spence commented that she had also been concerned about lights and noise and was satisfied that these issues had been addressed.  She felt that there is a need for activities in town that are safe and was in support of the proposal at this time.  T. Maxham commented that this is a recreational activity that can be multi-generational, peaceful, quiet, and could be a good place to get together with family and friends.

1. Hayward suggested that not only should the light fixtures be down-cast, but the bulbs should be shielded. The lights shown in the conceptual drawings extend below the fixtures and could create more glare. Meghan Kohlmeyer responded that the lights shown were too expensive and would instead be ones that will not extend below the fixture.  D. Patterson reminded the Applicants that their engineer needs to be familiar with the Town’s stormwater requirements (Sec. 606) for their site plan.

 

1. Maxham closed the hearing at 8:03PM.

 

Old Business

Martha reminded that Board that 1-year terms for Alternates and those members whose 3-year terms expire at the end of the year need to let her know if they wish to continue.  Alternate Sherry Corbin has already stated that she would continue for another year.  Alternate Ellie Reid has yet to decide.  Regular members T. Maxham and N. Hayward each asked to be reappointed.  Martha will place an ad in the Islander and plan to present these names and any other respondents to the Selectboard for their consideration before the end of December.

 

Review of Minutes

1. Patterson moved to approve the minutes from October 26, 2022; M. Welch second. All in favor.

 

Administrator’s Report

There will be no meeting on November 23^rd (the following day is Thanksgiving).  There will be only one meeting in December, on the 14^th, again due to the holidays.   Regular twice-a-month meetings will resume in January.  Only one hearing is scheduled for Dec 14 – a setback waiver for Eagle Camp.

 

Adjournment

1. Hunt moved to adjourn and move to deliberative; N. Hayward 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 stated.