DRB Minutes July 12, 2017 (Corrected) | Town of Town of South Hero

SOUTH HERO DEVELOPMENT REVIEW BOARD DRAFT MINUTES July 12, 2017

Members Present: T. Maxham (Chair); D. Paterson (Co-Chair); S. Corbin; R. Brown; N. Hayward; R. Krebs (Alternate)

Members Absent: P. Delano; G. Hunt

Public Present: Keith Wright; Sharron Greer; Nancy and Jake McGovern; Jim and Judy Thibault; Matthew Farnham; Joseph Farnham; Sarah Farnham; Paul Wright; Joseph Farnham; Peter Bowser; Bob and Jane Heigis; Martha Taylor-Varney, ZA

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

Changes to the Agenda

There were no changes

Sketch Plan Review (17-81-WS353) for 4-lot subdivision at 353 West Shore Rd

7:02 PM — T. Maxham opened the hearing. Introductions were made, the warning was read, and interested persons sworn in.

Keith Wright presented the plan to the DRB. The application is to establish 3 new building lots (Lot #1 – 1-acre; Lot #2 – 1.21-acres; Lot #3 – 1.4-acres), with remaining land of 3.15-acres. Lots 1, 2, and 3 each have septic design for 2BR homes. He told the Board that they have wastewater approval for a new proposed mound designated for Lots 1, 2 and 3, had worked with the Fire Department on the proposed roadway, and had Shoreland Protection approval. Shoreland only needs the new parcel numbers to be complete. The State required that the existing wastewater system (serving the existing McGovern and Paul Wright residences) needs to be deeded to each of the existing homes, and a Homeowners Association established stating who has access, maintenance responsibilities, etc. There are no proposed structures on the 3.15-acre remaining land.

Existing lots on Wright Lane are WL015 (Paul Wright), WL017 (McGovern), and WL023 (Sawyer Island Properties).

Proposed Lot #1 shows on the plat as 1-acre, “plus-or-minus.” D. Patterson asked what the elevation was at the low water line from which the acreage was measured (shown on the plat). A subdivision cannot create a non-conforming lot.

Lots 1 and 3 will be accessed from Wright Lane, and Lot #2 will be accessed from a separate gravel drive on the west side of the lot. S. Corbin said the Lot #2 ROW must be 50-feet wide.

Krebs asked that all encumbrances be shown on the plat, including easements (septic, utility, etc.), rights-of-way, wetlands, etc.
Corbin asked about fill on proposed Lot #3 – what part of that lot is fill along the lake and what was the natural grade? She asked that the 50-foot ROW be extended to Lot #1.
Maxham stated that the 50-ft. ROW needs to extend to Sawyer Island Properties (located between proposed lots 1 and 3).

No permit currently exists for the existing mound system. The McGovern and Paul Wright lots were created in the 70’s and the system was installed in the early 80’s. There is a perforated pipe to the existing mound and it is uncertain whether the existing mound has been in use in recent years. Keith Wright stated the pipe will be replaced. Options for the location for the new mound were limited by the presence of ledge and by a well shield on adjacent land.

Joe Farnham (349 W. Shore Rd.) was concerned about the access to Lot #2 from the existing gravel drive that goes through his property, and by the 50’ ROW and wastewater design on Wright Lane to his Sawyer Island Properties parcel.

Paul Wright had concerns about the septic design and stated that in 2008, due to the presence of ledge, Trudell Engineering had said there was no room for a disposal field. He is concerned that the proposed mound is too large and will affect adjacent properties. He also stated the existing septic pump station has been broken, was repaired last fall, and that the existing pump station mound is now working. There is no indication that it has been necessary to pump anything to the mound.

Jane Heigis (341 W. Shore Rd.) asked if the intention was to sell the lots. Keith Wright stated he had a buyer or Lot #1 but had no other plans at this time to sell. There will not be a home on the point on Lot #3, and no immediate plan to build on Lot #2. She was concerned about the existing gravel ROW to their property and whether it is wide enough. Keith Wright stated the ROW could be widened on Wright property.

Peter Bowser (363 W. Shore Rd.) stated the septic shield from the proposed mound affected his property and was concerned that he would have no other options for a well should his current well need to be replaced due to issues created after a new well was established across West Shore Rd.

8:06 PM – N. Hayward moved to classify the subdivision as a Major Subdivision; D. Patterson second. All in favor.

Required changes/additions to plat for Preliminary Plat review:

Refer to Table 7.1 (under Preliminary Plat) to identify whether you wish to request a waiver from any of the requirements.
Show all existing property boundaries and rights-of-way in addition to proposed rights-of-way.
Show natural features such as tree lines, wetlands, exposed ledge, etc.
Show the boundaries of FEMA flood zones (if applicable).
A statement from a Professional Engineer or the State that the existing mound that serves the McGovern and Paul Wright properties meets current standards, and that the trench (full of sand) will not carry effluent to the lake.
Provide all existing and proposed deed restrictions.
What was the elevation from which the low water mark was measured?
Show the mean water level of 95.5 feet on the plat.
Show the 50-foot right-of-way access to Lots 1 and 3, and the true access to Lot 2.
Label the ‘Remaining Land’ as Lot 4.
Show building envelopes for Lots 1, 2, and 3.
Provide proposed road construction details.
Correct the signature block to read ‘Development Review Board’ rather than ‘Planning Commission.’
Show ALL encumbrances – ie: rights-of-way, easements, wetlands, locations of wells and wastewater (including shields), proposed utility easements, etc.
Show locations of proposed underground utilities (required for subdivision per Section 506 of the Development Regulations).
Confirm that Lot 1 meets the minimum dimensional lot standard of 1 acre. From what elevation is it measured at the lake? Non-conforming lots (less than 1 acre) cannot be created by subdivision so +/- measurements are not acceptable on a lot of this size.

**If the Applicants decide to reduce the number of lots they will need to start again with Sketch Plan review.

8:25 PM — Having found that the application met the requirements for Sketch Plan review, T. Maxham closed the hearing.

Minutes: S. Corbin moved to approve the minutes from June 28, 2017; R. Brown second. All in favor.

Public Input:There was none.

Administrator’s Report

There are no hearings currently on the schedule. There will be no meeting on July 26, 2017.
The Selectboard’s 5^th Monday Special Meeting with the Planning Commission and DRB will be at 7PM on July 31^st. The Selectboard and DRB will have an opportunity to review the draft for the Development Regulations and ask questions of the Planning Commission. Taylor Newton and Greta Brunswick of NRPC plan to attend.
The Selectboard is forming a committee to study the Town’s options for the red fire station, Granny’s attic, and the rescue building, once the new Fire/Rescue building is completed in 2018.
The Selectboard approved a $150 annual stipend for DRB and Planning Commission members for the 2018 fiscal year.

8:37PM – R. Krebs moved to adjourn; N. Hayward second. All in favor.

Respectfully submitted, Martha Taylor-Varney, ZA

Signed: ________________________________

For the DRB

…………………………………………………………………………………………………………………………………………………………..

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