SOUTH HERO DEVELOPMENT REVIEW BOARD MINUTESOctober 22, 2025
Members Present: Tim Maxham (Chair); Doug Patterson (Vice-Chair); Mike Welch; Gareth Hunt; Liza Kilcoyne; Jim Brightwell; Nate Hayward (via Zoom); Sherry Dupont (Alternate); and Tim Mullen (Alternate, via Zoom [entered during second hearing]).
Others Present: Bill Lawrence; Matt Reed; Lindsey (no last name given, via Zoom); Chip and Shirin Hart (via Zoom); Doug Heim (via Zoom); Nancy (no last name given, via Zoom);Jason Baral; Jan and Mike Stiles; Mark Naud; Marco Dicarlo; Michael Frett; Marion Palermo; Rick Gardner; Britni Meyers; Justin Meyers; Amanda Raab; Steve Worcester; and Martha Taylot-Varney (ZA).
7:00PM – T. Maxham called the meeting to order and introduced the Board.
Changes to the Agenda
There were no changes.
Public Input
There was none.
Subdivision Amendment – Bill Lawrence (#26-27-RT253)
7:00PM – T. Maxham opened the hearing. The warning was read and interested persons sworn in. ZA Martha Taylor-Varney presented the application to the Board. Vice-Chair D. Patterson recused himself from this hearing.
A 2-lot subdivision of the Lawrence parcel was approved in August 2024 created 2 lots on Gifford Lane (Lots 1 and 2), each with their own septic system. The remaining land was designated Lot 3. In addition, a replacement ww system for the Lawrence camp property at the end of Bittersweet Lane (14 Bittersweet Lane – identified as Lot 1A on the survey), with right-of-way access directly from Gifford Lane along the north boundary of the Lawrence property, was placed in the field on Lot 3 between the new lots and the camp. Additional rights-of-way for pedestrian access to the lake from Lots 1 and 2 were created on Lot 3 and the Bittersweet Lane camp lot.
This amendment has 3 parts –
1. Move the location of the septic mounds for Lots 1 and 2 to a location across Gifford Lane, running parallel to the road, onto what is also Lot 3. These will have easements to benefit each lot. Also, the replacement system from Lot 1A is moved from its current location on Lot 3 further east onto Lot 2 and extending over its south boundary onto Lot 3.
2. All rights-of-way shown on the original survey are now removed – the pedestrian lake-access right-of-way and the right-of-way access to Lot 1A.
3. The size of Lot 1A has increased from .3 acres to 1.81 acres. This extends the lot to the south, with a boundary even with the south boundary of Lot 2. It also includes the area that was previously the 50-ft. access right-of-way to Gifford Lane between Lot 1 and Bittersweet Lane. A new State ww permit for a 3BR year-round home on Lot 1A, replacing the existing 1BR seasonal camp, was presented to the Board.
The Board asked for corrections to the draft amended survey (acreage of remaining Lot 3) and to identify the well on Lot 1A. There was additional discussion about what power poles would be accessed for power to Lots 1, 2, and 1A (either from a pole on Lot 1A or existing poles on Bittersweet Lane?). Since there are no current plans for each lot, the Board waived that requirement to be shown on the survey.
7:20PM – T. Maxham closed the hearing.
Final Site Plan Review (Con’t from September 24, 2025) – Justin Meyers (#26-24-OF009) application for a 6-Unit Planned Unit Development
7:23PM – T. Maxham, opened the hearing. The warning was read and interested persons sworn in. T. Maxham explained that this review is a 2-step process. The Applicants elected to apply first for a preliminary site plan, held on September 24, 2025. At the end of that hearing, the Board created a list of what they needed from the Applicants at the final site plan review. Tonight’s hearing is that review. Amanda Raab of Mountain View Site Design and Applicant Justin Meyers presented the application to the Board.
The 17.7-acre lot is identified as Lot 8 of the Stiles’ 2000 subdivision. Although it has an address of 9 Old Farm Rd., the lot has frontage on Rt 2, west of the Fish and Wildlife parking and the Near Coastal Holdings property (92 US RT 2). The proposal is for a 6-unit residential planned unit development in the southeast corner of the lot (open field) with access from RT 2. The remaining property of the parcel is undevelopable due to wetlands, streams, or inaccessibility. Residential units 1 through 4 will be 2 story capes and will have 3 bedrooms and 2 baths. The homes’ footprints will be 27’4” by 33’4”. The Applicant stated that these measurements are from the eaves. Unit 5 is a 3BR, 2-bath cape over a full garage, with the same footprint dimensions as units 1-4. The height of this unit is 30’9”. Unit 6 will be a 3BR/2-bath apartment over a garage/shared space. This space is for property maintenance (rental office) and shared space for the tenants to use. The footprint dimensions for unit 6 are 27’4” by 44’. The height will be 30’10”. There is a community septic system for the development, located near Old Farm Rd. The development will have a shared drilled well. This will probably need a treatment system. There will be additional parking by the rental office (unit 6). Phasing for project construction is Spring 2026 for construction of units 1,2, and 6; spring 2027 for units 3, 4, and 5.
Since the September 24 meeting revisions include designated boat trailer parking and overflow parking on the grass west of unit 6. The Applicant stressed that this will not be an event center, and this parking is only for tenants. There will be lighting at the trash area at the west end of the shared driveway, motion sensor lights at each building, and a small light at the T intersection at the entrance to the development. All light will be downward cast. A small welcome sign will be straight ahead on the lawn when entering from RT 2. A fence will be placed around the trash area and landscaping includes a cedar hedge, shielding the development from RT 2.
Questions from the Board
L. Kilcoyne – Will the homes be for year-round use? Justin Myers — Yes. Will they be short-term rentals? Yes. The market is mostly in the summer, but they will be available in the winter. It will depend on the market. Summer rentals will require longer stays.
T. Maxham – What is the peak season? Justin Myers –June – September and some before and after, so hoping for steady occupancy May to October.
M. Welch – Will these be considered residential or commercial? Will this affect whether it needs to meet the fire code? Amanda Raab – this will be determined by the architect.
J. Brightwell – Explain the septic system. Amanda Raab – there is a community septic system on Old Farm Rd. We still need a permit. The force main is already there. Will need to drill under the wetlands to the septic location.
T. Maxham – Where will the power lines be? Amanda Raab – we don’t know the exact location yet, but they will be underground from a pole west of the development in the field. VTrans has asked that the pole at RT 2 be removed. What is the distance between the units? Are there required minimum or maximum distances between structures? No, but my concern is if there is a fire in any of the units. And I have concerns if in the future the units have to be sold individually. We can spread them out a little more.
(Alternate Tim Mullen entered the meeting – no time noted)
M. Welch – asked again if this is considered a commercial or residential development. Will it be considered under the commercial fire code? Gareth Hunt – Is this a residential PUD or a commercial PUD? Amanda Raab – Per the wastewater permit, it is considered a residential PUD. There was additional discussion whether the proposal met the definition of Lodging in Table 2.1 (Allowed Uses) in the Development Regulations.
T. Maxham – Does the 50-ft’ right-of-way for the access driveway include utility easements? Will the power come from the back? Amanda Raab – Need to wait for Vermont Electric Co-op to determine where these will be.
Question from the Public
Matt Reed – The turning radius on the driveways will not accommodate fire department trucks at their current size.
Mark Naud – Is this project included in the current traffic study for the RT 2 corridor? Justin Myers – the location is outside the bounds of the study. Amanda Raab –Vtrans is aware of this development but did not include it in the study. This should be part of the study as it is an area of concern. That stretch can be filled with overflow parking of cars and boat trailers. How do we address this? It is a chronic issue. Justin Myers – Cars should not be allowed to park on RT 2. We were not allowed to access this property through [Near Coastal Holdings] property, so we have received permission from VTrans for direct access from RT 2.
Mark Naud – Who will be the holder of the remaining land? Will it be conserved? Amanda Raab – the land will not be in the Land Trust. The wetlands cannot be developed. There is possibly developable land in the upper area of the property. Should that be subdivide from the rest for possible future development? Justin Myers – no more uses are allowed to be accessed from Old Farm Rd.
Additional questions from the Board and Public
N. Hayward – On unit 2, there’s not enough room to back out from parking spots onto a 12-ft. driveway. Amanda Raab – the turning radius can be opened up.
L. Kilcoyne – the issue is at unit 1. There’s not enough room.
N. Hayward – The area for boat parking is tight. Amanda Raab – this will be a grass area and is not formal. There is more room behind. Drivers may need to back down the driveway from the T to the trailer parking area.
Mark Naud – Overnight parking is allowed at the Fish and Wildlife parking area. J. Brightwell – For now.
D. Patterson – What id there are too many boats? Justin Myers – We will restrict the number of boats allowed.
N. Hayward – Would you like to continue the hearing to be able to respond to these concerns? Amanda Raab – Does the Town have a requirement for open space?
J. Brightwell – Do you want to come back with a proposal for the open space? Delineate on the site plan what it will be? Amanda Raab – We want to put some of the property into open space.
Rich Gardner — If the space is deed restricted, Justin can come back and change the size of the PUDin the future. Open space does not need to be delineated if Justin remains the owner.
Mark Naud – The development regs say all or nothing. Use the word ‘shall’ designate; must be open to the public.
J. Brightwell – I want to see you delineate the open space. Justin Myers – Should everything outside the wetland buffers be open space? We can add that to the site plan.
G. Hunt – Would this be common or public space? Justin Myers – Common. We’d be happy to show that on the plan. And we’d be willing to recess to the November meeting.
Matt Reed – What about plowing and snow storage? Justin Myers – We will be using a snow blower to remove the snow.
Amanda Raab – We have no intention to develop the property further but we don’t want to restrict future development. We can delineate the open space and come back later if we want to develop in the future.
Justin Myers – Everything outside the wetland delineation is open space.
L. Kilcoyne – put a line on the site plan.
Justin Myers – We will reconfigure the parking at units 1 and 2, fix the radius, and widen the driveways to be more than 12 feet.
N. Hayward – The shared driveway for units 4, 5, and 6 need more width, also.
T. Mullen – I agree with Nate.
** J. Brightwell moved to recess the hearing to November 12, 2025 at 7PM; L. Kilcoyne second. All in favor.
8:45PM – T. Maxham recessed the hearing.
Conditional Use and Site Plan Review for a Municipal Office – Town of South Hero (#26-28-RT329)
8:47PM. T. Maxham opened the hearing. The warning was read and interested persons sworn it. L. Kilcoyne (an employee of AES Northeast) and N. Hayward (a member of the Town Office committee) recused themselves from this hearing. Matt Reed of AES Northeast presented. He was also a member of the Town Office Committee.
A revised landscape plan was submitted to the Board at the hearing. Matt told the Board that the scope of the plan is a wish list, depending on the final budget for construction. The development of the new Town Office will merge the current Town Office lot (RT333) with the craft shop lot (RT329) into one lot. The building orientation was rotated 90 degrees to allow for more solar capacity. The process will be in phases –
– Demolition of the craft shop building
– Town Office construction
– Demolition of the current office building
– Final parking/sidewalk plan
VTrans is evaluating applications now for access from RT 2. The wastewater capacity for both buildings will be combined into one system for the new office. They will need relief from the State for the septic mound setback and will be submitting that permit next week. An easement on Lawrence property probably won’t be necessary. It will be a conventional mound system. Power will be from a pole on the north side of RT 2. The existing generator located behind the craft shop will not be reutilized with the new building. There will be no dumpster on site. Trash pickup will continue as it is now (on Mondays). The Town road crew will demo the craft shop building before spring 2026. It has not been determined who will tear down the current Town Office building once the new structure is finished. The maple tree in the front of RT333 will remain.
Parking spaces in the lot are 9’x18’. There are 18 spaces on the site plan (9 on each side), with a 24-ft. wide center aisle. The Board asked that the dimensions be noted on the site plan.
Questions from the Board
D. Patterson – Is there a flag pole? Yes, at the north end of the sidewalk.
J. Brightwell – Are we considering undue adverse effect in this hearing? Martha Taylor- Varney – yes, that is required in conditional use review.
L. Kilcoyne – (recused) there will only be one driveway, rather than the 3 now. The 50-ft. right-of-way for Bill Lawrence is clearly shown on the plan.
T. Maxham – Is there lighting in the parking area? Yes, one pole-mounted light on the west side of the parking lot, and building mounted lights over the entrances. There are bollards along the sidewalk in front of the building. Is the south side of the parking area to the boundary grass? Yes.
J. Brightwell – Does the multi-purpose room hold 48 people? Yes. Is there enough parking? During voting there may need to be some street parking. We can add a couple of spaces south and north in the lot in the future, if needed.
D. Patterson – Will there be a sound system? No, but there will be two wall-mounted TV’s in the meeting room.
** G. Hunt moved to enter revised Sheet C-105 (landscape plan) into the record; J. Brightwell second. All in favor.
T. Maxham – Are there HC spaces in the parking lot? Yes, one for now. Can add a second one. The extra wide space at the south end is an EV charging space.
T. Mullen – Will the EV charging space be fed from the building or the pole? It will be a dedicated line from the office building. Should the space be moved to the east side of the lot for a shorter conduit? If it was, it would take up more sidewalk space.
J. Brightwell – I am concerned that there is not enough parking. Four more spaces can be added. T. Mullen suggested adding them during initial construction rather than later.
S. Dupont – If you have an occupancy of 48, there is not enough parking. G. Hunt – Put them in now.
**G. Hunt moved to accept the site plan as complete; D. Patterson second. All in favor.
9:36PM – T. Maxham closed the hearing.
Review of the September 24, 2025 DRB Minutes
G. Hunt moved to approve the minutes of September 24, 2025; M. Welch second. All in favor.
Administrator’s Report
1. The upcoming schedule –
– November 12: continue Myers PUD/Site plan review ; deliberations
– November 27 – no meeting
– December 10 – Setback waiver request on Kibbe Farm Rd.
– December 24 – no meeting
2. The Planning Commission is working on clarifying definitions for “average natural grade”, “pre-construction grade”, and measuring setbacks. Drafts of these will be presented to the DRB at the Nov. 12 meeting for their feedback.
3. Unused wastewater systems that have not failed are exempt from replacement if used again within 4 years (usually in the case of a replacement home with the same number of bedrooms). Is this also true for footprints after a non-conforming structure has been removed? Martha will check with NRPC.
4. The Governor’s recent executive order has some changes that will affect local permitting — RBES standards, wetland buffers. Martha will continue to review this.
5. Vermont League of Cities and Towns Municipal Assistance Center (MAC) confirmed that the DRB can deliberate during a hearing’s recess. This had been a question from the Board at the Sept. 24 meeting.
Adjournment
D. Patterson moved to adjourn and move to deliberative; J. Brightwell 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.