May 25, 2022 DRB Minutes

SOUTH HERO DEVELOPMENT REVIEW BOARD MINUTES                            May 25, 2022


Members Present:  Tim Maxham (Chair); Doug Patterson (Vice Chair); Mike Welch; Nate Hayward; Jim Brightwell (via Zoom); Sherry Corbin (Alternate); Ellie Reid- Alternate, via Zoom).

Members absent: Gareth Hunt; Liza Kilcoyne.

Others Present: Ken Kowalewitz, Jen Bunker; Martha Taylor-Varney (ZA).


7:00PM – Chair T. Maxham called the meeting to order.


Changes to the Agenda

There were none.


Public Comment

There was none.


Setback waiver request to add a porch within the road setback at 310 US RT 2 – Hayward (22-62-RT310

The Applicant, Nate Hayward, recused himself from the hearing.  The warning was read, and the Applicant was sworn in.  Nate Hayward presented.  He explained that he purchased the property in 2021 and found a photo – date unknown; turn of the 20th century? — at the South Hero Bicentennial Museum showing a porch on the front of the home.  The home was built in 1810 and the north addition added in 1850.  Nate does not know when the porch was removed.  The property’s south boundary is the edge of the RT 2 right-of-way.  The setback from this boundary to the current home’s overhang is 12’10”.  He proposes to replace the original porch, an 8’x30’ addition that will extend 5’2” into the setback of RT 2.  The height of the porch roof and details will match the photograph. The width of the RT 2 right-of-way in South Hero Village is 66 feet.  The finished distance of the porch overhang from the sidewalk along RT 2 will be 10 feet.  The clearance of the power lines to the new roof extension has been approved by Vermont Electric Co-op.  The surrounding neighbors support the proposal.


  1. Maxham closed the hearing at 7:17PM.


Nate Hayward rejoined the Board.


Setback Waiver request for additional storage within the lake setback at 23 Kibbe Farm Rd. – Kowalewitz (22-67-KF023).

The warning was read, introductions made, and the Applicants sworn in.

23 Kibbe Farm Rd. is on Keeler’s Bay with 300 feet of shoreline.  The original structure was built as a camp around 1905.  It was winterized and expanded in the 1980’s and is now a year-round home.  The Applicants purchased the home in 1998. The home is fully non-conforming to the lake setback.

A 2-bay “Grossman Garage” was built from a kit in the ate 80’s.  This is attached to a small original barn by a roof extension, providing limited area beneath for storage of equipment.  The west end of the existing 24’x24’garage extends 5 feet into the lake setback. The south face of the garage is 15’ from the south boundary.  There is no overhang on this side of the garage. The structure has been damaged by rot and water seeping in over the years.  The Applicants plan to replace this structure with a 3-bay garage, expanding the new structure into the conforming space between the garage and barn. The non-conforming footprint will remain the same.  However, the Applicants propose to add a second floor to this new structure for additional storage.   The second-floor non-conforming space will total 120sf.  Mr. Kowalewitz told the Board that the garage is out of sight from all directions, including the lake, due to trees.  Neighbors have been notified and there are no complaints.

The south eaves of the replacement structure will extend not the 15-ft. setback.  Should the Applicant ask for a waiver from this setback, or can entire structure be moved 1 foot to the north?  The Applicant explained that there is a retaining wall on the north edge of the driveway that drops toward the house.  Shoreland Protection has reviewed the Applicants’ proposal.  It is exempt if placed on the same footprint.  Does the connector affect this?  The Appl9icants asked the Board to consider a waiver on the south side for the eave.


  1. Maxham closed the hearing at 7:46pm.


Old Business

Martha told the Board that Selectboard member Anne Zolotas had spoken with Sec’y of Transportation Joe Flynn about safety concerns on RT 2 at the Sand Bar Inn and Apple Island Resort.  Some possible options were discussed, including crosswalks, “your speed is” signs, and flashing crosswalk signage.


Review of Minutes

Mike Welch moved to approve the special meeting and regular meeting minutes from May 11, 2022; Nate Hayward second.  All in favor.


Administrator’s Report

  1. The upcoming schedule:

June 8, 2022 – Dean Henry subdivision plat amendment

LPD Holdings LLC Final Site Plan review continued.

June 22, 2022 – 2-lot subdivision review at Station Rd.

Setback Waiver at 66 Wally’s Point Rd.

  1. Martha told the Board that she had received an email from VTrans confirming that a Letter of Intent is no longer required before a Town reviews a subdivision of Site Plan on a State highway.
  2. Martha reported on the May webinar on Cannabis Regulation. The webinar created more questions than it answered.



Mike Welch moved to adjourn and move to deliberative; Nate 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 motions were unanimous unless otherwise indicated.