SOUTH HERO DEVELOPMENT REVIEW BOARD June 23, 2021
Members Present: Tim Maxham (Chair), Doug Patterson (Vice Chair), Jim Brightwell, Nate Hayward, Gareth Hunt, Liza Kilcoyne, William Rowe, Mike Welch (alternate)
Others Present: Martha Taylor-Varney (Zoning Administrator)
Members Absent: None.
Public Present: Mike Gammal, Michele Gammal, Jay Buermann, Lee Tuure
Call to Order: The meeting was called to order by T. Maxham at 7:00 p.m. The meeting was conducted by Zoom web meeting software.
Changes to Agenda: None.
Public Input: None.
Hearing: Continuation of Gammal combined hearing for a Minor Subdivision/PUD review (21-59-RT456), recessed from May 26, 2021.
Appearing on Behalf of the Applicant
- Buermann, Mike Gammal, Michele Gammal
Chair T. Maxham opened the hearing at 7:03 p.m.
- Taylor-Varney read the hearing warning. T. Maxham re-administered the oath to the applicants and members of the public who wished to speak.
- Kilcoyne read a letter from Frank Montani. L. Kilcoyne made a motion to enter the letter into the record. The motion was seconded by W. Rowe and passed by acclamation.
- Maxham asked the applicant to update the Board on any events that transpired since the last meeting.
- Buermann noted that the applicant submitted draft covenants for the Board’s review. The applicant also submitted a document from Consolidated Communications indicating their intent to relocate and bury the overhead telephone lines that currently run through the campgrounds. The applicant also submitted an updated survey plat showing only permanent structures. J. Buermann also noted resubmitted site plan sheets showing the new location of the restroom adjacent to the parking area and near the dock trees and revised utility locations. J. Buermann said that the proposed power locations shown on his updated site plan had been discussed with VEC.
After discussion clarifying that the existing overhead VEC power line that serves the campground and adjacent properties will remain, Mike Gammal requested a waiver from Section 607 A regarding burying the power line, since it serves the larger community. Mike clarified that power to the new homes will come from the existing overhead lines, but all new lines from the poles to the homes will be buried. Discussion clarified that the new power line shown on the site plan traversing several houses was in error and should be removed
- Hayward asked if the applicant expected that buyers would construct homes with multiple floors. Mike Gammal said he did not prefer multiple stories but that one buyer had expressed an interest in a two-story house. J. Brightwell said that the Declaration section 14.5 said that the only control over the architectural footprint was the developer or eventually the homeowners’ association approval over the building plans, and that what the Board was relying on was the developer’s self-interest in creating an attractive community that was marketable. T. Maxham said that in creating a PUD the Board had the ability to impose some limits, such as restrictions on height and general style, such as single-story carriage-style home. W. Rowe said that the developer had the ability to change almost anything in the Declaration. Mike Gammal said that the Declaration submitted was a draft. In discussion regarding the evolution of the plans for the site, Michele Gammal said that she wanted to make clear that while there may have been discussion of an age-restricted community, that commitment was never made, and the developer did not want to have that restriction.
- Patterson said that he was concerned that the bylaws and covenants referred to “Lots 1-8”, whereas the developer was not selling lots in the PUD. All agreed that the draft Declaration and bylaws need to be tightened up so that terminology was consistent with the survey. D. Patterson said that if the Board was being asked to approve a plan that would be recorded, it needed to see the final version. J. Buermann asked the Board to approve the development with conditions that would ensure that the documents were appropriately finalized to the satisfaction of the Zoning Administrator and would support the sale and transfer of property rights for the PUD.
- Maxham asked about the statement in the Declaration restricting the resident’s rights on the lake side of the houses. Mike Gammal said the intent of the wording was to keep the area on the lake side of the properties open and free from obstructions such as accessory structures.
- Maxham asked about fences. Mike Gammal said the intention was to have see-though fences only.
- Maxham expressed concern that an accessory building could be placed right on the boundary of the exclusive use area. Mike Gammal pointed out that there was an exclusion area of 10’ between exclusive use areas (the difference between the red and green lines on the site plan).
- Maxham asked whether solar panels would be permitted, and that he did not see where that was addressed. Mike Gammal said only rooftop panels would be permitted.
- Maxham asked whether fuel storage tanks would be buried. Mike Gammal said he would specify that tanks should be buried. Discussion ensured as to whether fuel oil tanks could be buried. N. Hayward said most new construction did not use fuel oil. L. Kilcoyne said that heat pumps would require condensers outside the buildings.
- Maxham said that the covenants didn’t address the residents’ access to the lakefront. J. Buermann said that Shoreland regulations allow one six-foot-wide access to the lake per property. J. Buermann and T. Maxham agreed that since there was one property (the entire PUD) that one access would have to be shared by the residents.
- Hayward said there should be some mechanism in the bylaws to address the allocation of impervious coverage among the houses, noting that there was a maximum of 20% impervious coverage allowed, including houses and driveways. J. Buermann noted that the applicant could exceed that limit if he resolved stormwater treatment for the impervious in his stormwater management plan. D. Patterson asked if the applicant was addressing stormwater management from Route 2 down. J. Buermann said he didn’t think it would be necessary because they were minimizing the new impervious they were creating.
- Kilcoyne asked where the path to the lake was going to be. J. Buermann said a permit was not required for that. N. Hayward pointed out that the entire lakeshore was grass and that residents would be able to walk down to the shore.
- Brightwell asked if the second restroom shown on the site plan near Peter Velasquez house was shown in error and left over from previous drafts. Mike Gammal said yes, it was an error.
- Maxham asked for comment from the public. Lee Tuure said that as someone who had spent 22 years and felt it was his second home, it was a beautiful place and he was saddened to see the changes.
- Kilcoyne asked if decks could be built out to the building envelope. M. Gammal said yes. L. Kilcoyne pointed out that was impervious coverage as well.
- Brightwell asked if the Board has an understanding how D. Patterson’s concerns regarding the completeness and consistency of the site plan, declaration, and bylaws would be met. D. Patterson said he also had concerns for the subdivision about easements for the septic and utilities.
- Gammal requested a waiver to section 607 A of the development regulations so that he would not have to bury the existing community power line, but he would bury all new lines. N. Hayward made a motion to grant a waiver not to bury the community power line ; W. Rowe seconded the motion, which passed by acclamation.
- Maxham asked what the Board was expecting regarding final documentation. J. Buermann suggested to make it so that the survey shall be approved by the ZA and recorded prior to the sale of the first lot. Discussion included the point that although the survey had been accepted as complete, it did not include easements. N. Hayward said do we continue the hearing until the documents are finalized or close the hearing. M. Taylor-Varney recommended that the Board write its decision with conditions that the survey and other documents be presented to the Board and recorded within six months. After discussion, the Board agreed to proceed to deliberation on both the subdivision and PUD and condition the completion of documentation.
- Hunt made a motion to close the hearing. L. Kilcoyne seconded the motion, which passed by acclamation.
Old Business None.
Review of Minutes
- Hunt moved to accept the minutes of June 9th, 2021. D. Patterson seconded the motion, which was approved by acclamation.
July 14 3-lot subdivision; a waiver for a small lot on Idlewild that is bisected by a right-of-way
August 11 Heron Ridge
Motion to Adjourn
- Kilcoyne moved to adjourn to deliberative session. The motion was seconded by N. Hayward and passed by acclamation. The meeting was adjourned to deliberative session at 8:55 p.m.
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.