May 24, 2023 DRB Minutes

SOUTH HERO DEVELOPMENT REVIEW BOARD MINUTES                            May 24, 2023


Members Present: Tim Maxham (Chair); Doug Patterson (Vice-Chair); Liza Kilcoyne; Mike Welch (via Zoom); Nate Hayward (via Zoom).

Public Present: Meghan Kohlmeyer (Island Time); Dave Marshall (Civil Engineering Associates); Jeff Sikora; Joan Falcao; Penny Cunningham; Brady Baker; Bridget Kerr; Anne Quinn; Martha Taylor-Varney (ZA)


7:00PM – T. Maxham opened the meeting.


Changes to the Agenda

There were none.


Public Input

There was none.


Continue Final Site Plan Review for Island Time mini-golf (begun March 8, 2023) – Meghan Kohlmeyer (23-43-RT275 — Lot #2)

This hearing began on March 8, 2023, recessed to April 26, then recessed again to May 24, 2023.   The oath was re-issued.  Jeff Sikora, agent for Martin and Patricia Lavin, told the Board that the current survey of the Lavin parcel is incorrect, affecting the amount of frontage on RT 2 for Lots 1 and 2.   This is being corrected [included in the following hearing of the evening] but has affected the site plan for Island Time.  Dave Marshall of Civil Engineering Associates said that the content of the plan has not changed.  The survey correction makes Lot 2 larger [2.44 ac to 2.54 ac] by adding approx. 15’ to the eastern side of the lot, essentially making the driveway from Lavin Lane longer.  An updated site plan with these corrections was submitted by the Applicant.

Meghan Kohlmeyer presented the updates requested by the Board at the end of the March 8 hearing.  The course will accommodate 2 to 3 employees and a maximum of 108 patrons at a time.  The Champ feature has been moved back further from the road, within the trees.  Elevations of the clubhouse show a natural stained cedar structure.  This will only be occupied by employees, with a small office, an outdoor window and counter for transactions, and room for pre-packaged concessions.  There will be no food preparation.  There will be no potable water facilities.  A porta-john will be located by the north entrance to the course from the parking area.  4 motion-sensor lights (if needed) will be mounted on posts within the course and lights on 4 bollards on the path to the parking lot (for staff only after dark).  Signage along RT 2 has been updated to include a stand-alone sign instead of using the Champ feature.   The kiosk sign will be downward lit from lights placed under the roof, designed to mirror the roof of the clubhouse.  The Champ feature will be 16 feet tall and 20 feet long, with a base width of 8 feet.  It will anchor the course’s 12 hole and sit back approx. 65 feet from RT 2, within the existing trees.  The Mobile Telescope feature will be 5 feet tall, 8 feet long, and will sit approx. 50 feet from the road.  The train feature will be 8 feet tall, 12 feet long, and 4 feet at its widest point.  This feature will be 155 feet from US RT 2.  The lighthouse feature will be 18 feet tall (antenna and a weathervane will be the highest point) and will not be lit.  This will be furthest from the road at 200 feet.  The fencing has been updated from chain link to 3-rail cedar split rail and will be placed along the north (RT 2) and east boundaries.  Existing vegetation along the west boundary will remain.  Other small trees will be removed to reduce crowding, but the intention is to keep the large trees as much as possible.


Board questions:

  1. Maxham – expressed concern about burying power or water lines within the course that could result in damage to tree roots. Would the Applicants consider solar-powered lights? He would like to see as much of the vegetation maintained as possible.


  1. Kilcoyne – expressed concern about 108 patrons and 2-3 employees with no real bathroom facilities besides a single porta-john. Could they provide more? Meghan Kohlmeyer responded that it is not financially feasible to put in a wastewater system at this time but may consider it in the future when better able to afford it.  T. Maxham suggested an HC port-john.


  1. Hayward – suggested that accommodation should be made for the existing wastewater that is 3000 feet further south on the same parcel. Otherwise, he felt the Applicant had answered all his other questions.


  1. Welch – asked if the walkway on the lighthouse feature was raised enough off the ground to require a railing. Dave Marshall said that a drop of more than 300” requires safety features. Meghan will verify the height. There were additional questions about the fence style.


  1. Patterson – asked about the stormwater plan. He asked that the stormwater management calculations be provided for the record. He had additional questions about reclamation should the business discontinue.  Dave Marshall suggested that the tall features should be removed, covering the ground features with dirt, and leave the stormwater and parking area intact. Doug also asked for schematics of the 2 footbridges.  These will be clear span over the drainage ditches and will follow design standards.


  1. Maxham – could the reclamation plan include a Letter of Intent or Memorandum of Understanding? N. Hayward suggested a 5-year letter of credit for the amount estimated to complete reclamation work.


Public Questions

Brady Baker – asked if there would be a landscape plan.  Shown on Sheet L2.0


Joan Falcao – What are the dimensions of the Champ feature? 16; tall; 20’ long; 8’ wide at the base.  What color is it?  Copper patina.  Are the Applicants aware of the sound from Island Racing? Yes.


Bridget Kerr – asked if she was considered an abutting property owner (lives at 29 South St.)  Since none of the Lavin lots have been sold yet, Ms. Kerr is an abutter to the Lavin parcel.  What will be the water usage?  There will be a small sink and outdoor water for maintenance.  There will be no potable water.  How many employees.  There will be 1 to 2 at any given time.  {The Application states 2-3 employees.]  How come the reclamation plan does not include returning the parking lot to a natural state?   The parking lends value to the lot.


  1. Kilcoyne moved to accept the May 23 updates (Overall Village Plan, Sheet C0.0; Existing Conditions Plan, Sheet C1.0; Site Improvement Plan, Sheet C2.0; Site Grading and Utility Plan, Sheet C2.1; Site Lighting Plan, Sheet C2.2; Site Drainage Plan, Sheet C2.3; Site Landscape Plan, Sheet L2.0; and Proposed EPSC Plan, Sheet C3.0),revision date May 23, 2023 into the record as Exhibit #1; D. Patterson second. All in favor.


Dave Marshall told the Board that the rerouting of the water line was to be more sensitive around the trees on the lot, with the least amount of impact.  Conduit for lighting will be the same.

Also, by widening the path from the parking lot to the porta-let in the revised plan the truck will be able to back down for maintenance.

There was more discussion about a reclamation plan and how to anticipate a value.  Suggestions included a memorandum of understanding, letter of credit, escrow, or a letter of understanding that would include a lien on the property to recover costs.  Don Bedard said that a bond is difficult to get but that a letter of credit may be a possibility.  Dave Marshall doesn’t want an escrow because the funds cannot be used. Should the Applicants discuss this with an attorney?

Don Bedard also said that he supported the project as a welcome family activity.  He wants to see the business succeed and doesn’t think a reclamation plan should be required.  At the most, he suggested the concrete could be removed.


  1. Patterson moved to accept the site plan as complete; M. Welch second. All in favor.


8:48 PM – T. Maxham closed the hearing.


Subdivision Amendment – Lavin (23-64-RT275)

  1. Maxham recused himself from this hearing. Vice-Chair D. Patterson conducted the hearing. The warning was read and interested persons were sworn in.


Jeff Sikora represented the Applicants at the hearing.  He explained that the purpose of the amended subdivision was to adjust Lots 4, 5, 7, and 7 for the purpose of a future solar array on Lot 5.  Lot 4 is to be reduced from 7.95 ac to 3.79 ac; Lot 5 has been increased from 238 ac to 24.57 ac, and repositioned directly south of Lots 3 and 4 and extending to the woods to the south; Lot 6 is increased from 8.30 ac to 10.27 ac and moved to along the east boundary of the parcel; and Lot 7 will be reduced from 26.74 ac to 6.67 ac and will include the vernal pond.  The previously approved road (Lavin Lane) through the subdivision has been shortened to 800 feet, ending with a hammerhead at Lot 5.  The remaining ROW to the wastewater on Lot 8 will be repositioned to the east boundary of Lot 5 and the west boundaries of Lots 6 and 7.

In addition, the location of the Lavin Lane access at RT 2 was not correct on previous surveys.  This amendment moves the ROW approx. 15 feet further east.  The adjustment slightly changes the lot sizes and road frontage for Lots 1 and 2 – Lot 1 from 2.36 ac (221’ frontage) to  2.38 ac (206’ frontage); Lot 2 from 2.44 ac (221’ frontage) to 2.54 ac (237’ frontage).  All other points have been correct.  The 60-ft. utility and right-of-way on Lots 1-4 are in favor of Lots 1-8.  There is a 20-ft wide easement along the north boundary of Lot 5 in favor of Nedde Burlington LLC (Seb’s) for potential installation and maintenance for a sewer force main to Lot 8.

The wetlands on Lot 6 have changed I the most recent delineation by Encore.  This has not yet been finalized by the State DE.  At this time, there is no intention od selling Lots 6 and 7.


Public Questions

Anne Quinn – asked if Lot 5 is going to be developed for solar?  Yes.  Are there  plans to use the right-of-way to Lot 5 from South St.?  There are no plans to develop this right-of-way.  The developer will use the road from RT 2.


Bridget Kerr – When will the force main go in?  No timeline yet.  Need to sell lots and reinvest back into the infrastructure.  Probably next year at the earliest.  What is the status of the wetlands?  The State needs to certify the new delineation.  The it will be published on the State wetlands map.  The drainage swale is class 2; there is class 3 behind the Falby’s.  Lot 6 may be class 3 now.  Is there any on Lot 5?  None has been identified.  There may be some on the Island  Racing parcel.


Joan Falcao – How many septic mounds are on Lot 8?  There is no defined number yet.  It depends on the usage.  There may be some shared systems.  What is the total capacity? 5250 gallons.  Each lot initially get the rights to 450 gal/day of ww.  Each mound has a capacity of 980 gals.


  1. Maxham asked about the capacity from Fire District #4. The Lavin lots have been identified as a priority since these were part of the application for the 8” line that was installed to Bay View Crossing. Pressure testing is currently underway.


  1. Kilcoyne moved to waive the requirement for a traffic study; N. Hayward second. All in favor.

Jeff Sikora explained that Lavin Lane will have 1 ingress and 2 egress to RT 2.  The ROW is wide enough.  The pavement will be widened to accommodate the 3 lanes.


  1. Patterson closed the hearing at 9:21 PM.


New Business

There was none.


Review of Minutes

  1. Patterson moved to approve the minutes of May 10, 2023, as amended; L. Kilcoyne second. All in favor.


Administrator’s Report

  1. Upcoming hearing schedule:
  • There will be no meeting on June 14 (no quorum).
  • June 28 – Gammal subdivision final plat review.
  1. There will be a virtual Zoning and Planning Training on June 14 and June 22.
  2. Zoning 101 continues on May 25th.



  1. Kilcoyne moved to adjourn; N. Hayward 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 motios were unanimous unless otherwise indicated.