Feb 10, 2021 DRB Minutes

SOUTH HERO DEVELOPMENT REVIEW BOARD                                            February 10, 2021

Members Present:     Tim Maxham (Chair), Doug Patterson (Vice Chair), Jim Brightwell, Nate Hayward, Gareth Hunt, Liza Kilcoyne, William Rowe, Mike Welch (alternate, sitting for the hearing as full member in place of T. Maxham)

Others Present:          Martha Taylor-Varney (Zoning Administrator)

Members Absent:      T. Maxham (recused – joined after the hearing as noted below)

Public Present            Randolph DeLong

James Martin & Beth Curtis

Call to Order:              The meeting was called to order by D. Patterson at 6:00 p.m.   The meeting was conducted by Zoom web meeting software.


Changes to Agenda:   None.

Public Input:               None.

Hearing:                      Bond combined Preliminary/Final Site Plan Review for a 3-lot Subdivision at 7 Martin Rd. (21-39-MR007).


Notice & Oath

  1. Taylor-Varney read the hearing warning. D. Patterson administered the oath to the attending members of the public.

Appearing on Behalf of the Applicant

Hearing Notes

  1. Bond said that he is proposing to subdivide the approximately 6.3 acres of Lot #1 into three lots to create new Lots #5 and #6, leaving Lot #1 with 3.75 acres and Lots #5 and #6 with 1.2 acres each. Because Lots #4 and #5 were subdivided within the past ten years from the original parcel, this application is considered under town regulations to be a major subdivision.

The two new lots are to be served by a driveway leading in from Martin Road.  In sketch plan review, the Board provided feedback that by regulation, all lots for a major subdivision must be served by a 50’ right-of-way for the driveway, and that the right-of-way to Lot #5 did not meet the requirement.

  1. Taylor-Varney said that the applicant had requested a waiver for the 50’ ROW requirement from the edge of Lot #1 into Lot #6 and to Lot #5. Lots #5 and #6 would be the only lots accessed from the ROW and due to their size could not be further subdivided. If the waiver is granted, and if Lot #1 were to be further subdivided in the future, access to any lots subdivided from Lot #1 would be from the section of the driveway with a 50’ ROW.
  2. Patterson asked the applicant for the reason for the waiver request. J. Bond said that he wanted to minimize the impact on Lot #6 and that he and his engineer felt that a 30’ width was adequate.
  3. Rowe asked where the 30’ ROW ends. M. Taylor-Varney said the ROW ends as the driveway enters Lot #5. D. Patterson said that he wondered if a cul-de-sac was required for a turnaround according to Section #605 D(3) of the bylaws which says “Single access roads shall terminate with a suitable cul-de-sac or hammerhead “r”, “T” or “Y” design configuration to allow emergency vehicles to adequately turn around.”
  4. Welch asked if the 30’ ROW encroaches onto Lot #6. M. Taylor-Varney said yes. M. Welch suggested configuring the driveways to Lots #5 and #6 to create a “Y” to meet the regulatory requirement.  J. Bond agreed that the driveway configuration could be easily done.  L. Kilcoyne suggested that the road layout would need to include the driveway locations.  D. Patterson said that the driveway locations and turnaround would have to be shown on the site plan.   N. Hayward said the turnaround component would have to be recorded on an easement.

Hearing no further questions from the Board, D. Patterson opened the hearing to questions from the public.  R. DeLong said that he is the owner of 33 Martin Road, which abuts 7 Martin Road to the west.  He said he was concerned about the encroachment of the shadow from the septic serving Lot #5 onto his property.  The encroachment is about 160’ onto his property, restricting over 100,000 square feet, including an area that is the most attractive homesite on his property.  He said that although the shadow would not prohibit construction, it would limit where a well and leach field could be located for a house built in that area.  He said he was concerned that it may turn out that the restricted area would be the only area on his property where potable water could be found.  R. DeLong asked if the density of the houses proposed conformed to Town regulations.  R. DeLong said that he was negotiating with J. Bond to come up with a mutually satisfactory solution to the septic location and asked that the Board not arrive at a final decision.

  1. Taylor-Varney said that the subdivision was in the Rural Residential zoning district with a minimum lot size of one acre, and so the proposed lot sizes meet regulation. She said that septic is regulated by the State and thus is outside the jurisdiction of the Town and the DRB. J. Bond clarified that the well and wastewater applications have not yet been submitted to the State.  After discussion of alternative locations for the septic, the applicant agreed to a continuance of the hearing to March 10th to allow for further revision to the site plan to show driveway and septic changes.
  2. Hayward moved to recess the hearing to March 10th @6:00 p.m. L. Kilcoyne seconded the motion, which passed by acclamation.

At 7:02 p.m., D. Patterson recessed the hearing to March 10th.

Old Business


Review of Minutes 

  1. Maxham joined the meeting.
  2. Maxham moved to accept the minutes of January 13th as amended. W. Rowe seconded the motion, which passed by acclamation.

Administrator’s Report

Future meetings:

  • Feb 24th. Hearing for a variance request for replacement home for nonconforming lot on Railroad Street.
  • March 10th. Hearing for accessory use and resumption of James Bond hearing.
  • March 24th. Conditional use / site plan review for a food truck and a 3-lot subdivision.

Motion to Adjourn

  1. Hayward moved to adjourn to deliberative session. The motion was seconded by L. Kilcoyne and passed by acclamation. The meeting adjourned at 7:07 p.m.

Respectfully submitted,


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.