June 27, 2018 DRB Minutes | Town of Town of South Hero

SOUTH HERO DEVELOPMENT REVIEW BOARD June 27, 2018

Members Present: T. Maxham (Chair); D. Patterson (Vice-Chair); L. Kilcoyne; J. Brightwell (Alternate); S. Corbin

Public Present: Chris and Shannon Lawrence; Mandy Hotchkiss; Steven Robinson; Janine Bellinghiri

7:00 PM – T. Maxham called the meeting to order. Board members were introduced.

Changes to the Agenda

Delete item #3 (Final Plat for Lavin – scheduled for 7/11/18).

Public Input

There was none.

Continuation of 6/13/18 Revision to Conditional Use and Site Plan Review for Blue Paddle Bistro (18-68-RT316)

Mandy Hotchkiss presented to the Board an updated site plan and wastewater plan. The site plans included the current conditions and the proposed changes. The proposed site plan showed the now-available municipal parking area adjacent to the restaurant on the east and north sides of the ‘Granny’s Attic’ building. Also presented were a sample bar-fare menu of what food the restaurant will serve outside. This will not be the same as the expanded menu served indoors. All food and drinks will be served on paper products to avoid the need to wash plates, glasses, etc. Photos of the elevations of the restaurant building were also included, in addition to the location of the porta-let for use by patrons at the outdoor events.

A letter requested by the Board at the previous hearing granting permission by Wm Fifield for the use of his property for the Tuesday night music, parking for special events in his back field, and the use of an area for staff parking and the restaurant’s dumpster had not yet been fulfilled due to a death in the Fifield family. Mandy told the Board that she would get that as soon as possible.

Brightwell moved to accept a letter requesting a waiver from the requirement to show contours on the site plan into the record as Exhibit #1; L. Kilcoyne second. All in favor.
Brightwell moved to accept the wastewater plan into the record as Exhibit #2; L. Kilcoyne second. All in favor.
Brightwell moved to accept the current site plan into the record as Exhibit #3; L. Kilcoyne second. All in favor.
Brightwell moved to accept the proposed site plan into the record as Exhibit #4; L. Kilcoyne second. All in favor.
Brightwell moved to accept the VTrans email from Michele Boomhower dated June 27, 2018 into the record as Exhibit #5; L. Kilcoyne second. All in favor.

Brightwell moved to accept the waiver request; L. Kilcoyne second. All in favor.

Kilcoyne moved to accept 7 photographs and the sample menu (representing the service) into the record as Exhibit #6; J. Brightwell second. All in favor.

Mandy explained to the Board that the restaurant had been providing music for several years, during which time there were 2 other Zoning Administrators who had not told them they were in violation of their approval. She did not know that seat limitations for the restaurant that are in the wastewater permit also include outside seating. She said there is additional allocation for about 15 more seats that is currently unused from the current septic system, and that the permit may possibly be amended to allow them use of it. She will look into that. They have changed to using all paper products outside to avoid the extra water requirements for washing. The restaurant makes most of its income in the 2-3 months in the summer, with 8-12 music nights (weather permitting). Music is generally mid-June to Labor Day. She estimates the total number of seats served outside to be 22 to 28. D. Patterson said it was a violation for them to be serving outside. Mandy responded that it was good business and they never intended to try to avoid the conditions of their earlier approval. She did not realize they were in violation.

Maxham said it’s a septic issue which is regulated by the State, not the Town. The number of seats is not the Town’s business. The Applicant is here for a site plan and conditional use review and the Board needs to determine everything associated with those.
Patterson said the site plan did not show all the property boundaries – the west boundary and the access from Town property was not included. The dumpster is not shown and there is no fence around it as required by the earlier approval. Mandy said the fence is there, but the trash contractor did not like it because it was hard to access the dumpster. The dumpster is in the back of the staff parking area located on Bill Fifield’s property. Access to the dumpster will need to be taken into consideration when the parking configuration of the municipal parking is discussed. Tim said that could be included in the conditions.
Brightwell asked if there was enough clearance between the 2 proposed handicap parking spaces and the proposed HC ramp in front of the restaurant? Mandy responded that there was plenty of room to back up and that the new ramp will be cement, not wood. L. Kilcoyne suggested measuring to make sure. Would removing the current ramp give enough room for an additional parking space? No.
Corbin moved to accept the Site Plan as complete; J. Brightwell second. Sherry, Lisa, Tim, and Sherry voted in the affirmative; Doug voted against. The motion passed.

**Mandy requested conditional use and site plan approval for the evening outdoor music events, and up to 3 special fundraising events per year. The last one, held in August 2016, had about 150 people. There is plenty of available parking in Bill Fifield’s field behind the restaurant for all the cars. There was no parking during the 2016 event on RT 2. Mandy arranges for extra people and volunteers to coordinate the parking. The Sheriff’s Department has told Mandy that the traffic at these special events does not require Department help. The large Fifield field is for parking at special events only. The special events’ hours have been 2PM – 8PM, with music from 4 to 6:30. The event is cancelled if it rains since they cannot park in the field if it is wet. There is a perimeter fence installed for special events to meet requirements of the Liquor Commission.

Brightwell asked Mandy to get permission in writing from Bill Fifield for the use of his field for parking for special events.

There were questions regarding the Town’s responsibilities when it comes to permits from the Health Dept. for outdoor events (plumbing requirements, etc.). J. Brightwell asked if the Town’s conditions of approval ignore the Health Department’s requirements, and what the Town can require? S. Corbin asked about the use of a food truck or outside caterer. Mandy said an outside vendor could supply food or the restaurant would have a catering permit. The State regulates catering, liquor, the Health Dept., and wastewater.

Public Input

Jeannine Bellinghiri lives across RT 2 from the restaurant and has a physical therapy business next door to her home. Her concerns have been the number of cars parking on RT 2 and how unsafe it is to be able to get in and out of her driveway. Mandy agreed that it was her goal, also, to reduce the number of cars parking on RT 2. Jeannine said that if cars parking on RT 2 impacts her patients there will be a big problem. She said the parking problems were in line with the growth of the restaurant’s business.

Additional discussion included the Tuesday night music events. They are held on Bill Fifield’s property directly behind the restaurant. A porta-john has been placed behind the old red fire station. There is a small stage for acoustic music that is amplified. S. Corbin commented that it is a real community event. Neighbors including Mr. Fifield and his tenants in the trailer behind his house usually attend. The music is generally played from 6:30 to 8:30 PM. There have been no complaints about noise or loud music from these evening events.

Maxham suggested that Mandy request conditional use approval for the evening events with food service. S. Corbin recommended that Mandy request additional nights if there’s a chance she may want them in the future; she would not have to hold that many events each week, but this would negate the need to come back for an amended approval should she want it in the future. Mandy agreed and requested both Tuesday and Sunday evenings. T. Maxham recommended requesting 2 night/week rather than being specific, with the hours no later than 8:30PM. J. Brightwell recommended the decision be written carefully so as not to confuse the weekly evening music events and the special fundraising events. Mandy asked the Board if she could continue the evening outdoor music pending their decision on her application? The Board told Mandy they would discuss it and have the ZA contact her on the morning of June 28 with their decision on that request. [**The Board chose not to act and allowed the Blue Paddle to continue it’s Tuesday night events until further notice.]

8:24 PM – T. Maxham closed the hearing.

Review of Minutes

Kilcoyne moved to accept the minutes from June 13, 2018, with corrections; D. Patterson second. All in favor.

Administrator’s Report

Martha reported that the Selectboard had appointed Jim Brightwell to be the DRB clerk as of July 1, 2018. Jim will take meeting minutes and Martha will continue to draft decisions for the Board.
There are 2 hearings scheduled for July 11 – a conditional use/site plan review for Champlain Islands Candy Lab at 6 South St., and the combined preliminary and final review for the Lavin subdivision at 275 US RT 2.
A hearing has been tentatively scheduled for July 25 for a revision to the recent Richardson conditional use and site plan approval. The Applicant is proposing to enlarge the size of the garage structure.
Martha will be on vacation July 11 through the 18^th. The zoning office will be closed at that time.

8:38 PM – S. Corbin moved to adjourn; 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.