SOUTH HERO DEVELOPMENT REVIEW BOARD MINUTES July 26, 2023
Members Present: Tim Maxham (Chair); Doug Patterson (Vice-Chair); Mike Welch; Liza Kilcoyne; Nate Hayward; Jim Brightwell
Members Absent: Gareth Hunt; Ellie Reid (Alternate)
Others Present: Liam Murphy (MLK Attorneys, via Zoom); Carol Andrus (via Zoom); Tim Mullen (via Zoom); MaryAnn Cryan (via Zoom); Jon Quackenbush; Linda Quackenbush; Sue Mahany; Walt Mahany; Mary Marshall; Robert Viens; Martha Taylor-Varney (ZA).
7:00PM – T. Maxham called the meeting to order.
Changes to the Agenda
There were none.
Public Input
There was none.
Administrative review of a 2-Lot Subdivision at 50/60 Ferry Rd. – Robert and Shane Viens (23-82-FR050)
The warning was read and interested persons were sworn in. Zoning Administrator Martha Taylor-Varney presented the application to the Board. The Applicants request to subdivide a 19.92-acre parcel into 2 lots. The parcel is the location of the former Grand Isle Nursery. Proposed Lot #1 is 9.94 acres and includes the parking lot, office space, and greenhouses of the former nursery, in addition to a barn with a 1BR apartment. Lot #2 is 9.98 acres that includes a 3BR year-round home, a barn, and a small shed. Each lot has a well and wastewater system. The property is in the Keeler Bay Village Zoning District. A new State wastewater permit has been issued for the existing water and wastewater systems. There are no proposed changes to the existing accesses from Ferry Rd. (VT RT 314). There is a pond on each lot with class II wetlands surrounding each. The survey Mylar will need to include the surveyor’s signature and stamp. The application and survey met all other requirements of Table 4.1 (Minor Subdivision). ZA Martha Taylor-Varney recommended the Board approve the application for subdivision. [The DRB approved the application later in the evening during deliberations].
Appeal to a Notice of Violation issued by the Zoning Administrator – Jon Quackenbush/Pest Pro (23-84-RT238)
The warning was read and interested persons were sworn in. J. Brightwell told the Board that he had been a customer of Pest Pro and asked whether he should be sitting at this hearing. L. Kilcoyne, N. Hayward, and D. Patterson also declared they were also past customers. Attorney Liam Murphy asked if they could declare that they do not have a potential conflict that could impair their judgement. All agreed.
Jon Quackenbush explained to the Board that his business, Pest Pro, had outgrown the original parking lot. No parking is allowed on the west side of Heritage Dr. because of the wetland buffer. ZA Martha Taylor-Varney had initially told him he could enlarge the parking area, before realizing that a 2014 Planning Commission site plan decision didn’t allow any changes without a site plan amendment. Mr. Quackenbush expanded the parking lot, removing 3 trees and stumps in the process, to make room for 5 more vehicles. The work was completed during the July 4th holiday weekend. He gave the Board a diagram of the expanded lot. He explained that he expanded the buffer zone between the lot and Heritage Dr. and added a 2nd access onto the road – now one entrance and one exit. He said it had been working well. T. Maxham agreed that the spaces had been added because of the need to expand. Mr. Quackenbush said that he had gotten a permit to put an addition onto the building in 2021 because he needed to expand.
- Brightwell asked about the discrepancy between the site plan showing the parking lot having 8 spaces and one showing 9 spaces. He said there had been nothing in the 2014 Town decision nor the 2015 Environmental Court decision that prevented him from doing that.
- Welch moved to accept the site plan from Jon Quackenbush as Exhibit #1; N. Hayward second. All in favor.
- Welch moved to enter the July 26, 2023 sent to the ZA from Liam Murphy into the record as Exhibit #2; L. Kilcoyne second. All in favor.
Liam Murphy explained that the 2015 Environmental Court decision asked that the site plan be amended to show 8 parking spaces. Mr. Quackenbush told the Board that VT AOT had approved a plan to move the location of the Heritage Dr. right-of-way further east from the current location, but the road was never moved because the neighbors along the lake did not want it moved. L. Kilcoyne read a letter submitted by the Cryan family that had been emailed to the zoning administrator that afternoon. Jon Quackenbush said he would not apologize for running a successful business.
- Brightwell moved to add the letter to the record as Exhibit #3; L. Kilcoyne second. All in favor.
- Maxham told the Board and others present that the hearing was warned as a violation related to the parking area only. Any additional complaints brought forward will not be dealt with in this hearing. Signage is now covered by an ordinance rather than in the development regulations. Complaints re signs must go to the Selectboard.
Mr. Murphy told the Board that the 2014 Planning Commission and Zoning Board of Adjustment decisions were amended by the 2015 Environmental Court decision. Parking spaces were limited to 8 spaces and one under the carport. He said the order was clear and the Town attorney and Mr. Quackenbush signed it. The decision is binding. He said that Mr. Quackenbush does not have the authority to go beyond the E-Court decision, and that the Town and Applicant are in contempt of that order.
Walt Mahany told the Board that he lives at 17 Heritage Dr. He said that no one doesn’t want him to grow his business, just that it shouldn’t get bigger at its present location. He doesn’t want to be a bad neighbor. All the residents of Heritage Dr. have been affected. He said that Environmental Court recognized the area as residential. He did not want to hire a lawyer; he just wanted the Court decision to be upheld. Susan Mahany told the Board that they had chosen to move to South Hero after working toward this for several years. She said she had been told by the previous owners of their home that there were limits to the growth of the Pest Pro business. The ZA made an error but tried to correct it. Jon Quackenbush continued anyway. Can local zoning regs supersede a Court order? The expansion was not allowed by the agreement. She said that Mr. Quackenbush was not acting in good faith. Mary Marshall told the Board that she agreed with the others. She is not offended by the growth of Pest Pro. She asked that any further reviews or building permit application notifications re Pest Pro be sent to all residents of Heritage Dr. Martha Taylor-Varney explained that if a building permit application meets the requirements of the development regulations (setbacks, allowed use, etc.) that the only requirement is to post a zoning placard on the property within sight of the nearest public right-of-way for 15 days, after which the permit becomes effective if there has been no appeal. The placard was posted correctly. Liam Murphy said that the Environmental Court site plan and conditional use decision did not allow any change to the exterior of the building without amending the E Court decision.
- Maxham recommended that the hearing be recessed to give the Town time to consult with the Town Attorney.
- Hayward moved to recess to September 13, 2023 at 7PM; J. Brightwell second. All in favor.
New Business
There was none.
Review of July 12, 2023 DRB Minutes
- Kilcoyne moved to accept the minutes of July 12, 2023, as corrected; M. Welch second. All in favor.
Administrator’s Report
Upcoming hearing schedule – August 9: 2-lot subdivision administrative review.
August 23: Conditional Use/Site Plan Review for storage;
Setback waiver review.
September 13: continue Pest Pro Notice of Violation appeal.
Adjournment
- Patterson moved to adjourn and move to deliberative; J. Brightwell 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.