SOUTH HERO DEVELOPMENT REVIEW BOARD MINUTES March 28, 2018
Members Present: T. Maxham (Chair); J. Brightwell (alternate); R. Krebbs (Alternate); L. Kilcoyne; R. Brown; N. Hayward.
Public Present: Jim Hoag; Lee English; Kurt and Debbie Sherman; Paul Boisvert (Engineering Ventures); Andrew Jimenez; Mitchel Richardson; Martha Taylor-Varney (ZA)
7:00PM – T. Maxham called the meeting to order.
Changes to the Agenda
There were none.
Hoag/English Variance Request to Build a Garage Within the Ministry Lane Setback – (18-58-TL048) –
- Maxham opened the hearing. The warning was read, introductions made, and interested persons sworn in.
Mr. Hoag presented to the Board. The pre-existing, non-conforming 0.93-acre parcel has a single-family home with an accessory storage structure in the front yard facing Town Line Rd. They want to build a handicap-accessible, attached 2-car garage with access onto Ministry Lane. Although the home has a Town Line Rd. address, the drive from Town Line Rd. is difficult to access the house due to slope and water/ice accumulation. Mr. Hoag stated that they received verbal permission from the residents of Ministry Lane to access their property from the private ROW 10 years ago, and they contribute to the maintenance of the Lane. There is no deeded access at this time.
Mr. Hoag stated that the house pre-dates the lane. During the replacement of their wastewater system, a survey showed that the east side of the Applicants’ house is set back 15 feet from the ROW, with an attached shed and small deck only 10 feet from the ROW. The Ministry Lane ROW is 50 feet wide, but the lane itself is not centered in it. The distance from the structure and the edge of the lane is 30 feet. The west side of the ROW is the east boundary of the Hoag/English parcel. A small fence indicates the property line.
The Applicants presented 2 options for the garage, illustrated on photo-shopped photographs of the home – one with doors facing Ministry Lane, and a second with doors facing south that would require the drive to be moved further south from its current location on Ministry Lane. L. Kilcoyne noted that cars parking in the driveway of the first option could be within the ROW. The Applicants prefer the first option but are willing to do the second if the Board has a preference there. No large trees would need to be removed with either option.
The Board had no questions regarding the Applicants’ written answers to the 5 Variance Criteria. There was discussion that, should the Board approve the variance request, conditions of approval would require a new Ministry Lane maintenance agreement that deeds the home at 48 Town Line Rd. use of the access on Ministry Lane, to prevent the possible loss of the use of the access and garage should the home be sold in the future. The Applicants agreed.
7:31 PM – T. Maxham closed the hearing.
Mitchel Richardson Continuation of the Conditional Use and Site Plan Review for an Auto Repair Facility at 138 Ferry Rd
- Maxham reminded the public that the Board conducted a site visit on March 17 at 8AM (apparently it was very cold). Paul Boisvert of Engineering Ventures gave the Board copies of soil maps of the Richardson parcel.
7:41 PM — J. Brightwell moved to enter the maps into the record as Exhibits A and B; L. Kilcoyne second. All in favor.
The ZA had received updated site plans and building elevations (all views) prior to the 3/28 hearing, and Mr. Boisvert told the Board that the auto repair structure had now been moved approximately 30 feet further away from the Sherman home and Ferry Rd. The driveway now loops to the north of a large rock before entering the gravel area by the east side of the repair shop. All parking is now in the back (37 spaces), including 1 and possibly 2 HC spaces. The entrance to the office is on the east side of the shop. The 34’8” elevation of the structure has been lowered to meet the height limits measured from average natural grade [as noted in Figure 2.2 of the Development Regulations]. The base of the structure and will be slightly lower than the level of Ferry Rd. He also explained that the stormwater design is not yet complete but will be on the next revision. Mr. Richardson said that the lower profile of the building and the excavation area will prevent run-off toward the Sherman home to the west.
VTrans will allow the original agriculture access to the property to remain but the new access location further east will be the entrance to the business. The Applicant stated that a gate and signage will prevent the agricultural access from being used for the business.
Mr. Richardson told the Board that the State of Vermont would allow the dual use of agricultural property and an auto repair facility because agricultural equipment was going to be repaired at the shop also. The Board agreed that any discussion of a property’s current use status was not the jurisdiction of the Town during a Conditional Use and Site Plan review and would be reviewed instead during the ACT 250 process.
- Maxham told Mitchel that he wants updated information on the business’ proposed hours, days, and a more in-depth description of the business so the Board can complete the Conditional Use review. This is to include hours when the business is not open to the public but when he may still be working there.
Lighting locations and type are not yet shown on the site plan. Mitchel said he needed to decide on one of two orientations of the building before deciding on lighting. He planned to have building mounted lighting and none in the parking area. The Board told him to consider where parking lot lighting could be and to add it to the revised site plan.
Although all the parking would be on the north side, he showed the Board options for the roadside (south) façade – one that included garage doors and one that did not. He prefers the visual of having the doors on the south façade and to drive cars around from the parking area behind to that side to enter. The interior of the structure will allow enough room for lifts (16 feet), with a second floor above that for storage. Garage doors on the east and west ends of the structure will allow a drive-thru along the south wall. The Board stressed that there would be no obstructions allowed in the front of the building (tires, etc.), nor parking of any cars.
Mr. Richardson told the board that he will have temporary electric fencing in the area of the auto shop to allow for rotational grazing for his cattle. He will have permanent fencing to keep the animals out of the shop area itself.
Discussion on screening included red cedar trees on the westside berm, currently shown spaced 24’ to 30’ on the site plan, and a split-rail fence along the top of the berm on the west side of the structure to block or soften the view from the Sherman home. Mitchel stated that he was open to discussion and suggestions on screening. Kurt Sherman asked that the origin of the plantings be considered so they would survive in the climate here in South Hero. A condition requiring replacement of any trees/plants that die could be included in any decision by the Board. Mr. Richardson said he was willing to get the Shermans’ approval for all plantings on that side. In addition, Mr. Boisvert asked the Board if they had a preference between a graded slope on the south (road) side or if a retaining wall of large rocks would be okay. The Board had no preference.
Items that need to be added to the Site Plan for the next hearing:
- Screening
- Lighting
- Fencing
- The orientation of the structure
- Peak traffic information
- Stormwater design
- Parking delineation
- Location of sign at entrance and any other signage related to the shop (parking, office, directional, etc)
8:40 PM – J. Brightwell moved to recess the hearing to April 25th at 7PM; L. Kilcoyne second. All in favor.
Review of Minutes
- Kilcoyne moved to accept the minutes from the March 14, 2018 meeting; J. Brightwell second. All in favor.
Public Input
There was none.
Administrator’s Report
The April DRB schedule will have 2 hearings — a subdivision Sketch Plan and a Final Plat Review on the 11th; the meeting on the 25th will be the continuation of the Richardson conditional use and site plan review. The Selectboard will be meeting with the Planning Commission and the DRB during the month of May. Since SB members were not available for the 5th Monday on April 30, it was suggested to meet on a Planning Commission night in May. DRB members recommended requesting May 16 for the meeting.
9:05 PM – N. Hayward moved to enter deliberative; R. Brown second. All in favor.
9:55 PM – J. Brightwell moved to exit deliberative; L. Kilcoyne second. All in favor
5:56 PM – R. Krebs moved to adjourn; J. Brightwell second. All in favor.
Respectfully submitted,
Martha Taylor-Varney, ZA
Signed: __________________________________________ Date: ___________________
For the Development Review Board
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These minutes are unofficial until approved at the next regularly-scheduled hearing. All motions were unanimous unless otherwise indicated.