SOUTH HERO DEVELOPMENT REVIEW BOARD MINUTES July 12, 2023
Members Present: Tim Maxham (Chair); Doug Patterson (Vice-Chair, via Zoom); Jim Brightwell; Mike Welch; Liza Kilcoyne; Ellie Reid (via Zoom).
Members Absent: Nate Hayward; Gareth Hunt
Others Present: Steve Hard; Daren Orr; Danielle Orr; Angelina Menard (via Zoom); Brendan Beaudoin (via Zoom); Martha Taylor-Varney, ZA.
7:01PM – T. Maxham opened the meeting, and the Board was introduced.
Changes to the Agenda
There were none.
Public Input
There was none.
Setback waiver to build a replacement structure within the road right-of-way at 19 Allen Point Rd. – Stephen Hard (23-8-AP019)
7:05PM — T. Maxham opened the hearing, the warning was read, and interested persons sworn in.
Stephen Hard explained to the Board that the existing home has a 1-car detached garage. The house is on a slab. The failing plumbing is within the slab. The house is inefficient and has electric heat. Mr. Hard proposes to replace the home with an attached 2-car garage. The garage will be accessed from an 8-foot connector to the home. One quarter of the home will have a full basement, with the remaining an insulated crawl space. The re- placement home is within the setbacks on the property, but the northwest corner of the 2-car garage extends approx. 8 feet not the ROW setback. The 50-ft. wide Allen Point right-of-way splits his lot. Although the road does not run through the center of the ROW (it stays to the north), the 25-ft. setback from the ROW and the side (west) boundary make it difficult to fit the new garage within conforming space. The proposed structure reduced the degree of non-conformity by approx. two-thirds.
The water and septic demands will remain the same (water from Fire District #4). The water line will be replaced. There are cracks in the top of the existing septic tank so that will be replaced. The leach field is between the house and the road and will remain.
The front face of the proposed garage and replacement home are not parallel to the right-of-way. L. Kilcoyne asked why the garage couldn’t be rotated counterclockwise until the north face of the garage is parallel to the road. This would appear to allow the garage to be compliant. Mr. Hard explained that he had planned to put in a small patio behind the garage and around to the connector. Angling the garage would squeeze the space for the patio. D. Patterson pointed out that the waiver needed to be the least deviation possible. If the garage can be compliant then there’s no need for a waiver. E. Reid agreed. Mr. Hard stated that he would look at the plan again.
- Maxham closed the hearing at 7:28PM.
Amend Conditional Use to increase hours; Conditional Use and Site Plan Review for a Mobile Vendor at 252 USD RT 2 – Two Heroes Brewery (23-82-RT252)
- Maxham opened the hearing at 7:31PM. The warning was read, and interested persons sworn in. The hearing was broken into 2 parts – the first to review the amended hours and the second for the Food Truck. Daren Orr and Dannielle Orr represented Two Heroes Brewery at the hearing.
[Amend Hours – Conditional Use review]
Daren requested an expansion of their business hours (currently 7AM to 11PM) to 1:00AM to host an after-wedding party in October. He explained that the typical day is noon to 9PM. The extended hours would not be open to the public and would be staffed. He asked if the Town would allow no more than 4 special events that extend past 11PM. There will be no live music and indoor music volume would be controlled. The events will remain indoors. The windows do not open.
- Maxham noted that there are residences next door (to the east) and across RT 2, and expressed concern about how much disturbance extended hours could create. How many people would be attending? Daren responded 50 to 70 people. The restaurant is approved for 50 seats; the fire code allows 99. D. Patterson asked if the business would be closed to the public during these special events. Yes — 11:00 to 1:00. E. Reid asked if they would consider closing early to host events that will not extend the business hours. Daren would prefer not to.
Angelina Menard (RT257) congratulated the Brewery on its opening. She asked if there would still be people lingering after 1AM. She has concerns about the noise level. Danielle and Daren both said that attendees will be required to leave at 1AM and that they will enforce it. Employees will remain inside a little longer to finish cleaning up. Brendan Beaudoin agreed that his main concern was about people outside. Daren said he didn’t want to turn down opportunities but was willing to make limitations. The building is tight and soundproof.
- Maxham said he was not in favor of extending the hours. The request to extend hours to 1AM triggers concerns. All other businesses in South Hero are closed by 10PM. He is concerned about anything that extends past midnight. This does not fit the character of South Hero. Allowing this would set a bad precedence.
- Welch suggested allowing it one time, then re-visiting it. How did the neighbors respond? If no objections, more could be granted. L. Kilcoyne agreed.
- Brightwell asked how to weigh the criteria related to the density of residences in the area. How much impact will there be on the neighbors? Consider noise and lights in the parking lot afterwards as patrons are all leaving at the same time. T. Maxham expressed concern about what state people will be in that time of night (alcohol).
[Food Truck – Conditional Use/Site Plan review]
Danielle Orr presented a site plan showing 3 options as locations for a food truck. Requested location in front on the southwest corner, in the northeast corner of the parking lot, and directly behind the brewery on the northwest corner. She said they would prefer not to limit the location of the vendor, but to keep options open depending on the weather or holiday. Having an occasional food truck will help to reduce stress in the kitchen or to compliment what the brewery is serving.
- Brightwell asked if the bar seating is included in the 50-seat wastewater permit. Yes. They Can accommodate more. He is concerned that there are not enough parking spaces, especially if some are taken over by a food vendor.
- Kilcoyne asked how they planned to accommodate the extra customers for wastewater. Daren suggested additional porta-lets on days that there is a food truck. During off-hours there may be additional parking by the library on Community Lane. T. Maxham said there are sometimes evening meetings at the library. Could employees park there? Tim feels the business needs a track record – perhaps 6 months? – to gauge what impact an additional vendor would be. He doesn’t want cars parked on RT 2. Daren told the Board that they were already looking into expanding a gravel parking lot behind the brewery. They will need a new stormwater permit before they can do this. L. Kilcoyne expressed support for shared parking. Could there be an agreement with the condo association?
- Brightwell said that adding a food truck will add more people. It could easily expand to 100 people. This would have an impact on neighbors. This also affects parking and wastewater. The vendor location on the northeast corner could be on the lawn. The additional customers will also be an impact on the neighbors. Daren suggested adding a condition requiring porta-lets.
- Patterson pointed out that not only would a food truck take up parking space, but customers will take up space in the lot, too. Daren said they could position the food truck to keep customers off the parking lot. T. Maxham said that customers walking through the parking area to the food truck would need to be directed. The traffic flow would depend on the location of the food truck. Daren stated that the southwest and northwest locations would be best because they could be accessed from the lawn.
Angelina Menard was concerned by the impact of noise and traffic created by a visiting food truck.
- Maxham again stated he’d like to see some history before adding a food truck. What will be the impact of the brewery itself? Daren said he understood but was trying to be proactive. They want to have options. If the food truck were to be pulled into the brewery through garage doors in the back, there would be no parking spaces taken up and no outside issues.
- Brightwell asked if they could come back in the spring with a more comprehensive proposal and plan after the business has been open for a while. Daren said that they didn’t plan to have a food truck on busy days. Would prefer midweek days. T. Maxham suggested recessing the hearing to October to have a better idea of traffic and possible solutions to issues that may come up.
- Welch moved to recess the conditional use/site plan review for a mobile vendor at 252 US RT 2 to October 25, 2023 at 7PM at the Town Office; J. Brightwell second. All in favor.
8:50PM – T. Maxham closed the conditional use hearing requesting to amend the closing hours to 1AM for special events.
New Business
There was none.
Review of June 28, 2023 Minutes
- Kilcoyne moved to accept the minutes of June 28, 2023, as corrected; M. Welch second. All in favor.
Administrator’s Report
The upcoming schedule –
July 26 – administrative review for a 2-lot subdivision; appeal of a Notice of Violation.
August 9 – administrative review for a 2-lot subdivision.
Adjournment
- Welch 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.