July 11, 2018 DRB Minutes | Town of Town of South Hero

SOUTH HERO DEVELOPMENT REVIEW BOARD JULY 11, 2018

Members Present: Tim Maxham (Chair); Doug Patterson (Vice Chair); Jim Brightwell (alternate); Ross Brown, Sherry Corbin; Gareth Hunt; Liza Kilcoyne

Members Absent: N. Hayward

Martha Taylor-Varney (Zoning Administrator)

Buermann, Jay	7 Sanderson Rd, Milton
Carter, David	108 Featherbed, S. Hero
Garelson, Rochelle	61 South Street, S. Hero
Kerr, Bridget	29 South Street, S. Hero
Kerr, Doug	29 South Street, S. Hero
Kilcoyne, Jim	P.O. Box 483, S. Hero
Lavin, M.V.	350 Main Street, Burlington
Lavin, Pat	350 Main Street, Burlington
McCarver-Reyes, Michael	88 Beacon Hill Rd, Grand Isle
Reyes-McCarver, Albert	88 Beacon Hill Rd, Grand Isle
Sikora, Jeff	P.O. Box 250, S. Hero
Wells, Jim	10 South Street, S. Hero

Public Present:

Call to Order: Meeting was called to order by Tim Maxham at 7:00 p.m.

Changes to Agenda: None

Public Input: None

Hearing: 18-77-SS006 Conditional Use and Site Plan Review – Champlain Islands Candy Lab

Tim Maxham opened the hearing at 7:04 p.m.

Liza Kilcoyne recused herself for this hearing.

Notice & Oath: Doug Patterson read the hearing warning. Tim Maxham administered the oath to the attending members of the public.

Jay Buermann of Buermann Engineering LLC, and proprietors Albert Reyes-McCarver and Michael McCarver-Reyes, appeared on behalf of the applicant, Candy Lab.

The proprietors moved to the area and opened their current kitchen in Grand Isle in 2017. Their business focuses on handcrafted specialty candies incorporating ingredients from local farms. Candy Lab has an online business and sells through local retailers, but does not currently have its own retail space. The brand builds on and promotes the location in the Champlain Islands, and the proprietors plan to donate 5% of profits to causes promoting restoration of the lake.

The proposed new facility at 6 South Street will feature retail space in the center of building with candies, coffee & Italian sodas; a production area in the area facing South Street; and a packaging and shipping area in the rear (west side) of the building. The retail space will sell items for take-away only and will not have seating.

Jay Buermann said that the lot size is 0.15 acres; the applicant proposes to make very few exterior site changes, and would like to retain existing signage character & location. Zoning requirements including parking and traffic analysis are described in the site plan notes (paragraphs 9-12). Zoning dimensional requirements are on the left-hand side of the plan. Applicant will be applying for a Vermont wastewater permit, but anticipates no increase in flow.

Corbin asked what will happen with the tenant that is currently renting the building. Michael McCarver stated that the current tenant will vacate on August 31^st.
Corbin stated that she was happy to see the addition of a handicapped space in the parking area on the east side of the building adjacent to South Street, but she had observed that cars parked in these spaces presented a visual barrier to cars exiting the bank parking lot. Jay Buermann said that he was reducing the width of the flower bed between the parking spaces and the building from 4’ to 2’, and is placing pre-cast concrete curbs to identify specific parking spots and to provide a visual indicator to encourage cars to pull fully into the parking spaces. With these changes, the site plan is showing space between the end of the parking spaces and the white line delineating the travel lane.

Jay Buermann indicated that he was asking for a waiver for the parking spaces, which are 18’ long instead of 20’.

Corbin said there is a township speed limit and children playing sign facing south-bound traffic located to the south of the bank parking lot exit. The sign interferes with sight line to the south for cars exiting the parking lot. The banner that the current tenant flies also interferes with the sight line. Jay Buermann said that the biggest problem was cars turning from Rte. 2 onto South Street and not realizing as they were accelerating that cars were backing out from parking spaces in front of the applicant’s building.
Corbin asked if the parking spaces on South Street could be moved to the south to improve the sight line to the right as cars are exiting the bank parking lot. Jay Buermann said he could move the spaces approximately 4’ to the south without obstructing the gravel drive. He would have to change the existing curb stop protecting the water turnoff on the southern-most space. T. Maxham asked if the water turnoff could be placed below-ground. Jay Buermann confirmed that the water turnoff could be placed below-ground to permit full use of the parking space.
Corbin asked for confirmation that the gravel drive on the west side of the building was exiting into the bank parking lot. Jay Buermann confirmed that the gravel drive exits into the bank parking lot and that there is an existing right of way benefitting the property that permits exit through the bank’s lot.
Patterson requested clarification as to whether the applicant is asking for a variance or a waiver for the size of the parking spaces. Jay Buermann stated that he is asking for a waiver via the notes in the plan, based on existing conditions, and acknowledging reducing number of parking spaces on the site.
Brown asked how wide the crosshatched unloading area was adjacent to the handicapped space. Jay Buermann said the space was 5’ wide. Jay Buermann said that the northwest corner of the handicapped aisle was 2.5’ to 3’ south of the northeast corner of the building. S. Corbin said that if you move the parking area 4’ to the south, plus 5’ of crosshatched unloading area, plus 3’, you have about 15’ of space from cars exiting the bank lot to a car in the handicapped space, which will improve the sight line over what it is now.
Corbin asked if the applicant was planning to pave the gravel drive to the south and west of the building. Jay Buermann responded “no.”
Patterson observed that the bulk of the 4 spaces on the east end of the building are in the South Street right-of-way, if town builds a sidewalk, then parking spaces will go away.
Maxham asked what type of vehicles would be used in shipping. Michael McCarver stated that shipping would be primarily UPS and FedEx. T. Maxham asked which doors would be used for shipping. Jay Buermann replied that they planned to conduct shipping/receiving activities from the west side of the building. S. Corbin asked David Carter (current building owner, attending in the audience) where UPS and FedEx trucks currently stop for deliveries. David Carter stated that FedEx and UPS came in through the door facing the bank.
Carter also stated that regarding parking along South Street, the property had 20’ of parking before the town increased its ROW by 2’ when South Street was widened. Thus, the applicant did not cause the hardship which creates the need for a variance for parking.

Jay Buermann reiterated that the intent is for UPS/FedEx to stop on west side of building in bank parking lot and use the North side entrance. There is only employee parking in the back.

Patterson asked if there would be any deliveries by tractor-trailer. Michael McCarver stated that they do not anticipate tractor trailers – only FedEx and UPS trucks. Their largest item is 50 pound boxes of chocolate delivered by USPS, FedEx or UPS.

Jay Buermann stated that the applicant is proposing to retain the current signage dimensions and style. Michael McCarver said they were planning to retain the sign attached to the building facing the bank, the freestanding sign along South Street, and a replacement for the banner for the craft shop attached to the South Street side of the building. S. Corbin observed that the sign for the craft shop had not been permitted. Jay Buermann stated that they were looking at this as a business that is on a corner, and that the banner on the South Street side of the building would be all that northbound traffic on Rt. 2 would see.

Corbin asked David Carter what signs existed when he was occupying the building. David Carter said that the existing freestanding sign was permitted in 2003. There was also a black Formica sign for the law office adjacent to the door facing the bank, a sign for the law office in the South Street window, and a sign for the Land Trust on the portion of the building they were occupying. S. Corbin clarified that the board only needs to state that the applicant must meet the bylaws regarding signage, and that the Zoning Administrator will issue appropriate permits.
Maxham asked if there was adequate parking based on the square footage of the building. Jay Buermann said that although the site is permitted for 11 spaces, the applicant is proposing 3 employee spaces on the west side and 4 on South Street, and that the parking was adequate to meeting zoning requirements as indicated in notes on the site plan.
Maxham asked if the shed depicted on the west side of the building will stay. Jay Buermann said that the shed will be retained.
Maxham asked where the dumpster would be located. Jay Buermann said that the applicant plans to have a hauler come by to pick up trash weekly and doesn’t generate the quantity of trash to support a dumpster.
Maxham asked if there is any anticipated change in water usage. Jay Buermann said that current and planned wastewater flow is the same as is indicated on the site plan.
Maxham asked if the new site gives the applicant a larger production facility than what they have now. Michael McCarver said yes, they are currently operating in a 475 square foot facility in North Hero that includes production, packaging, and shipping.
Maxham asked do we look at parking as waiver or variance. S. Corbin observed that the Board cannot make that determination at this meeting since it was not warned that way. If it is a waiver, the Board can take care of it during this hearing. If a variance, the applicant would have to reapply and return at a properly warned hearing.
Hunt asked what overall changes were being made to the site. Jay Buermann responded that while 11 parking spaces are permitted; the applicant is reducing parking to 7 spaces (4 + 3).
Kilcoyne (from the audience) stated that the applicant is going from 3 tenants spaces to one. Regarding entryways, they are reducing 4 exterior doors to 3 (the main entrance stays in same spot on the north side of the building, and while along South Street there are currently 2 doors the one furthest south will be filled in, so there will only be one door from South Street going into the kitchen). Packages related to production (in/out) will be going in the back. Three uses in the building are being reduced to one use and the flow of the site is improved.
Maxham asked for any audience input on the application.

Jim Wells from the audience asked what the hours of operation would be. Michael McCarver stated that retail hours would be 7:00 a.m. to 8:00 p.m. with seasonal differences, 7 days per week. There will be retail and take-out only, no seating.

Maxham asked how many days per week they would be making product. Michael McCarver stated that they would be making product 2-3 days week but may use the kitchen for developing recipes on other days.
Maxham asked if they have retail space in their current facility. Michael McCarver said that they currently do not have retail space.
Carter stated that in his years of tenancy in the building, there was never any problem with parking.
Sikora from the audience stated that the town signage along South Street impaired sight lines when exiting the bank lot.
Corbin made a motion to accept the site plan as complete; motion seconded by R. Brown. Motion carried by acclamation.
Maxham closed the hearing at 7:56 p.m.

Hearing: 18-72-RT275 Combined Preliminary/Final Plat Review – Lavin 3-Lot Subdivision

Maxham opened the hearing at 8:00 p.m.
Maxham recused himself and relinquished the chair to D. Patterson. L. Kilcoyne rejoined the meeting.

Notice & Oath: L. Kilcoyne read the hearing warning. D. Patterson administered the oath to the attending members of the public.

Jeff Sikora appeared on behalf of the applicants, Martin and Patricia Lavin.

The applicants are proposing to subdivide two 2-acre lots adjacent to Rt. 2 from a larger 100-acre parcel at 275 U.S. Rte. 2. The application was classified by the Board as a major subdivision when the Sketch Plan was accepted.

Jeff Sikora stated that the applicant proposed to subdivide the 100.62 acre parcel into one 2.08 acre parcel, one 2.14 acre parcel, leaving one 96.4 acre parcel. The property is currently open agricultural land. There are no improvements or buildings on the parcel. A 21-acre parcel was subdivided and sold in 2003 (became Island Racing). The proposed use is rural-residential agriculture – no change from current use. There is a wastewater permit WW.6-2858 for a residential project that has not been created. There are no Act 250 permits associated with the property. The owner has not subdivided land in S. Hero in the past five years.

Corbin asked if the state had issued a Letter Of Intent for access to Rt. 2. Jeff Sikora confirmed receipt of the LOI from VTRANS.
Corbin asked what the usable area of Lot #2 is considering the swale that runs through it. J. Sikora indicated that the swale is classified as a Class 3 wetland; the swale itself takes about 1/3 to ¼ of an acre, dividing the lot.
Kilcoyne asked what he buildable area is on Lot #2. J. Sikora replied that you would have standard setbacks, so the building area is at least 1 acre.
Patterson asked about the note on the plat that indicated that the Island Racing septic easement would have to be determined by survey. J. Sikora indicated that the document prepared by Tudhope was not a survey but rather is a subdivision plat. Bounds are taken from the Krebs and Lansing survey. Pins for the new lots are not indicated.
Patterson suggested that the applicant may need a waiver for the detailed vicinity map. Jeff Sikora asked for a waiver for section 707K for the detailed vicinity map. S. Corbin made a motion to waive the detailed vicinity map; R. Brown seconded. The motion passed by acclamation.
Patterson stated that width of corridor for the sanitary line was not shown. Jeff Sikora said that the easement would be defined “as built” but at present the future use and location of line is not known
Patterson asked for public input.

Rochelle Gardner (adjacent property owner) asked will there be any incursion from the sewer line or septic onto her property? In discussion, the Board clarified that blue line on diagram represented the sewer line and would not incur on her property. The leach fields shown are downhill from the Gardner property.

Bridgette Kerr (adjacent property owner) expressed concern for the future of open space, the visual corridor and wildlife currently supported by the property, and indicated that the property seems to have potential for agricultural and recreational use.

Brown clarified that the area directly behind Bridgette’s house is Class 3 wetland, and as such cannot be developed.
Corbin asked if the Class 3 wetlands could ever be developed. Jeff Sikora said that you would have to get a permit from the U.S. Army Corps of Engineers.
Corbin asked where the swale originates. Jeff Sikora indicated that the swale carries runoff from the fields uphill. When U.S. 2 was put in in the 1970’s the drain tiles were cut off by the highway, so the swale was put in. The current use of the fields is primarily hay.
Patterson asked what the area of the Class 2 wetlands was on the original parcel. Jeff Sikora estimated the Class 2 wetlands as approximately 25 acres.

Bridgette Kerr expressed her wish that South Hero not turn into Williston, and said that a lot of people choose to live in S. Hero because they value the pastoral scenery. Doug Kerr expressed a concern that appropriate constraints be placed on the use of the property, as the nearby Island Racing development generated considerable noise that impacted nearby residents.

Corbin clarified that any constraints would have to be considered in the context of a subsequent conditional use application and could not be considered as a part of the subdivision application.
Corbin made a motion to close the hearing at 8:25 p.m. G. Hunt seconded. The motion passed by acclamation.

Review of Minutes

Patterson moved to accept the minutes of minutes of June 27^th, L. Kilcoyne seconded. The motion passed by acclamation.

Administrator’s Report

The Administrator’s Report was delivered by T. Maxham on behalf of Martha Taylor-Varney.

There are no decisions scheduled for July 25^th. Martha will have the staff reports for the Lavin subdivision and Candy Lab for deliberative on July 25th. The Blue Paddle deliberative is also outstanding.

There are no hearings scheduled at present for August 8^th.

Granny’s Attic is scheduled for August 25^th for Conditional Use and Site Plan Review.

Since there are no public hearings scheduled, the board was invited by S. Corbin to hold its next meeting at her house.

Adjournment

Kilcoyne move to adjourn business meeting; the motion was seconded by D. Patterson and carried by acclaim at 8:55 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.