SOUTH HERO DEVELOPMENT REVIEW BOARD MINUTES October 28, 2026
Members Present: Doug Patterson (Chair); Jim Brightwell (Vice-Chair); Gareth Hunt; Tim Mullen; Liza Kilcoyne (via Zoom); and Justin Myers (Alternate, via Zoom).
Member Absent: Nate Hayward
Public Present: [taken from meeting sign-in sheet] Jeff Long-Middleton; Mitchel Richardson; Scott Dingerson; Tina Bissonette; Dean and Kathy Henry; Michael Frett; Georgine Natelli; Peter St. Clair; Carol Sepkoski; James Ferro; Lynn Ferro; Jane Kirkpatrick; Bill Kirkpatrick; Julie Kirkpatrick; Jon Kirkpatrick; Chris Blow; Alex Corrada (sp.?); Teresa Palatino; Fernando Palatino; Leah Hills; Andrew Hills; Liz Monley; Richard Monterosso; Mary Andrews; Ben Gauthier, VT DEC – Solid Waste Div.; Martha Taylor-Varney, South Hero ZA and DRB Clerk; (the following attended via Zoom) Lauren Wendell; Ellen Long-Middleton; Joe Bissonette; David Wendell; Anne Dingerson; Bridget Kerr; and Mike Guerreiro.
7:00 PM – D. Patterson called the meeting to order and introduced the Board.
Changes to the Agenda
There were no changes.
Public Input
None.
Administrative Review of a 2-lot Subdivision at 45 Sunset View Rd. (27-22-SV045 – David Wendell)
The hearing opened at 7:05 PM. Zoning Administrator Martha Taylor-Varney presented the application to the Board.
David Wendell has submitted an application for a 2-lot subdivision of a 23.7-acre parcel at 45 Sunset View Rd. The long narrow parcel has about 345 feet of frontage on the road. The proposal is to subdivide the parcel, creating a 3.66-acre lot with road frontage (Lot 1), and a 20.04-acre lot without road frontage (Lot 2) that will be accessed via a 30-ft. wide right-of-way along the east boundary of Lot 1. Steep slopes on the west half of Lot 1, and a pond in the northwest corner, prevent locating a right-of-way on that side.
Three existing structures on the parcel will remain on Lot 1 – two dwellings and a barn that contains a recording studio. The draft survey of the property has incorrectly identified the addresses and uses of the barn and one of the dwellings. The structure in the northeast corner of Lot 1 is the barn/studio (address 43 Sunset View Rd.); the barn is the furthest from the road with address 45 Sunset View Rd.; and the dwelling at 47 Sunset View Rd. was correctly identified.
Lot 2 is proposed for a single-family home with its own septic and well. The zoning office has not yet received the State Wastewater and Potable Water Supply permit. Lot 1 has an existing in-ground septic system and well that are shared by the 2 dwellings on that lot. A proposed replacement mound system is shown on the septic plan, on the west side of the existing septic field.
Encumbrances on Lot 2 include VELCO transmission lines that run northwest to southeast through the south half of the property. Although there are reports of some wetlands on the lot, nothing is shown on the not-yet-updated ANR Wetlands Inventory Maps and no delineation has been done.
The application meets the requirements for a 2-lot subdivision and the dimensional standards of Table 2.1 for the Rural Residential zoning district. The Zoning Administrator recommends approval of the subdivision with two added conditions – that the zoning information for the Rural Residential zoning district be added to the survey, and that the addresses and uses of 43 and 45 Sunset View Rd. be corrected on the survey.
The hearing closed at 7:14 PM.
Conditional Use and Site Plan Review for an Accessory On-Farm Use (Composting Facility) at 138 Ferry Rd. (27-26-FR138 – Mitchel Richardson)
7:16PM – The warning was read. G. Hunt recused from this hearing. Chair D. Patterson told the attendees that the Board would begin considering the conditional use review this evening, and that testimony would end at 9PM. The hearing procedure is as follows — a presentation by the Applicant, questions from the Board and then questions from the public. Speakers are asked to come forward to ask questions so the recording and those on Zoom can hear.
Mitchel Richardson told the Board that he is proposing a composting facility on Lot 2 at his farm at 138 Ferry Rd. [a subdivision of his South Hero parcel, creating 3 lots, was approved by the DRB in May 2026. His full property spans the South Hero/Grand Isle boundary. The north boundary of Lot 2 is the Grand Isle town line]. Mitchel said that manure from the farm mixed with food waste and leaves would be used to create compost that would be spread on the farm’s fields.
J. Brightwell – Is this a retail use? Mitchel – I’m not sure. It will be starting as farm fertilizer. Do you know the volume of the materials being brought in? I don’t know. I don’t know what the demand will be.
D. Patterson – Explain to us how the system works. Mitchel – There will be 2 concrete pads. Batches will be made individually and cannot be disturbed until it meets the right temperature and time to become compost. This is conducted on the concrete pad. Leachate [liquid formed from decomposed material] is filtered by the grass. What is kept on the residuals pad? That’s where the compost is placed after it is finished.
Ben Gauthier introduced himself to the Board. He is with the Solid Waste Division of the Agency of Natural Resources (ANR). He told the Board that he had met with Mitchel in October 2025 for a site visit to evaluate the proposal for a composting facility.
J. Brightwell – How is ANR involved? Ben – ANR has a contract with Compost Technical Services to assist in creating composting facilities in Vermont, to prevent food waste from being put into landfills (Act 148). Will Northwest Solid Waste District be delivering waste to this location? They could. ANR has not received an application from Mitchel yet, so we don’t know the full scope. Could the farm use all the compost that would be produced? What is the volume that you’re expecting? If larger than 2000cy/year, does this move from the Agency of Agriculture to ANR? Slaughterhouse waste can be composted, also. That moves it to ANR jurisdiction. If this is regulated by the Agency of Ag, it may not be an accessory on-farm use. How do we define this? What will the volume be? Ben – the volume will be defined by the footprint. What will that volume be? I don’t have those numbers here. We need the volume to know who will be regulating this, ANR or Agency of Ag. We’re received no application yet, so don’t know. But if there is slaughterhouse waste included, then it will be under ANR. This may not be an accessory on-farm use, but an industrial use. It may have been warned incorrectly. If there is no slaughterhouse waste, then it goes to Ag. We need determination of jurisdiction. We need one from ANR, so we know what we are regulating. On-farm use and less than 2200cy/year, then we could regulate as an on-farm accessory use.
D. Patterson – No one can tell us what the annual capacity will be. Ben – I can provide that information for you. Mitchel – I don’t know the volume. What are the parameters? The number of cows on the farm. The materials from the bedded pack will be used in the compost. What is the process? Ben – the bedded pack [manure] is the basis and is added to the material that is brought in. It is mixed on the pad, set on an aerated static pile and brought up to 131 degrees for 3 days to kill pathogens. It then cures on a separate pad for 6 to 8 months. Once it cures and is mature, it is set aside and spread on the land. There is a loss of volume during the process.
S. Dupont – What is the volume coming in compared to the finished product? The volume is reduced by about 40%.
J. Brightwell – Is there a runoff management plan? Ben – Leachate will sheet flow through the Vegetative Treatment Area. This is close to the lake. Is a State Stormwater permit needed? The vegetative treatment plan handles the runoff. The plan can handle the nutrient load of the leachate. This method is allowed by ANR. Are there any other compost facilities this close to the lake? I don’t know. Can this be operated by one person? Yes, there’s generally not a lot of activity except when material arrives. ANR requires a facility management plan. That will be reviewed when an application is received.
T. Mullen – Who reports on compliance? The operator self-reports.
S. Dupont – How often is there testing and inspections? Inspections are every 3 years, and one sample is taken of compost per year.
D. Patterson – How do you regulate incoming material? Mitchel – on an Excel spreadsheet. I don’t plan to be huge.
S. Dupont – How will you comply so we are comfortable? We need that as part of your application.
L. Kilcoyne – How much activity will there be, and how do you plan to accommodate the number of trucks? I’m having a hard time understanding the scale. How many truck loads a week? How busy will this be? Mitchel — I don’t know.
J. Brightwell – What does ANR require? Ben – It’s on a tier system based on volume and environmental harm. [He will send a copy of the application to the Board, as an example] Will the Town receive this information from the application as part of this review? ANR defers to the Town. They cannot issue until Northwest Solid Waste District approves and sends a conformance letter. We need more information before we make a decision. We need more than the volume.
S. Dupont – Can the consultant provide some of this information? Mitchel – I can provide what the facility is capable of handling.
J. Brightwell – What is the regulatory jurisdiction? If it is ANR, then the hearing needs to be re-warned. I propose that we recess until that has been determined. I’d like a letter from ANR confirming jurisdiction. Ben – If slaughterhouse waste is included, then ANR has jurisdiction. Mitchel – I want to move forward with ANR. This is not a commercial operation. It is to support the farm.
D. Patterson – How much compost can you put on your land? Mitchel – I have nowhere near the nutrients I need because I don’t have liquid manure. Where is the manure coming from? The manure bedded pack from the winter-feeding location on the farm. I want the slaughterhouse waste for more nitrogen for my fields.
J. Brightwell – Are there other on-farm compost facilities in South Hero? Mitchel – I challenge the Board to explain that this is not an on-farm use. If this is under ANR jurisdiction, that changes how we review it. Mitchel – I want a clarification in writing. One item triggers this [slaughterhouse waste]. I want that spelled out. I recommend that we recess the hearing and come up with a list of what the Board needs from the applicant. We need to open this up to the public for questions.
Questions from the Public
Tina Bissonett – Will those who sign the petition be considered an Interested Party? Yes.
Michael Gerriera – I have concerns about odor and runoff to the lake. Does slaughterhouse waste include hides and carcasses? Mitchel – The preference is blood for its nitrogen content. But all remains will be accepted. A condition should list exactly what would be accepted. Is this application still subject to Act 250 review? No.
Peter St. Clair – I’m concerned about runoff, odor, traffic, and the lake. I want all these things addressed.
Rich Monterosso – I’ve heard no plan to manage rodents or protect water quality. How will excessive runoff (heavy rain) be managed?
Georgine Natelli – Why doesn’t Act 250 apply? Mitchel – the lot is less than 10 acres. If this is only on Lot 2, it is not a farm. This cannot be an accessory on-farm use.
Tina Bissonett – There needs to be a facilities management plan.
Teresa Palatino – How do you contain the waste, keep it from freezing? Mitchel – you can go see the process at the facility in Williston. But there are complaints there. These issues are important to me – odor. I’m not looking to accept food scraps. But how do we know? Williston is a larger producer.
Gareth Hunt – There’s a pad there already. Are you already building it? How is this not going to be small? Ben – there is some odor potential. The material immediately gets mixed to limit the odor potential. This is required. But you are regulating after the fact.
J. Brightwell – Does ANR have a formal complaint process? Ben – Yes. Gareth – This is a huge undue, adverse effect.
Ellen Long-Middleton (via Zoom) – The farm is on wetlands with past issues. There was a settlement in 2013. Ben – we asked Wetlands. This is outside their mapped area.
S. Dupont – How does this qualify as a farm? Lot 2 is still included in Current Use.
With the end of questions, most of the hearing attendees left the meeting. The discussion, however, continued.
**T. Mullen moved to enter all written communications submitted between Oct 8 [when the hearing was warned] and prior to the hearing on October 28, 2026 into the record; S. Dupont second. All in favor. These include:
- Email communications from Michael Guerriero (24 Harrington Lane, South Hero) to Ben Gauthier, dated October 23, 2026, October 24, 2026, and October 26, 2026.
- Written Statement in Opposition: App No. 27-26-FR138 Ferry Rd Composting Facility, by Michael Guerreiro, dated October 25, 2026; rec’d. October 26, 2026.
- Opposition statement by Georgine Natelli (139 Ferry Rd., South Hero), rec’d October 27, 2026.
- Written statement of opposition by Josh Mock (142 Ferry Rd., South Hero), dated and rec’d October 26, 2026.
- Email Communication from Patricia Angus (Harrington Lane, South Hero), rec’d October 28, 2026
[All written statements received by the DRB Clerk at the October 28, 2026 hearing will be entered into the record when the hearing continues November 11, 2026.]
The Board asked Mitchel Richardson to provide them with answers to the following questions:
- How much volume of material (manure) is being produced on the farm today?
- What is the capacity (in cubic yards/year or month) that the site can handle? What is the capacity of the deigned facility?
- Who has jurisdiction over this project – Agency of Agriculture or ANR? Does ANR agree that they will have jurisdiction (Ben Gauthier said he can provide that)?
- The Board wants to see a mitigation plan for odor, rodents, runoff, etc. [This has apparently already been created by the consultant but was left off the narrative submitted with the application].
- How can Lot 2 be counted with the whole farm to determine the whole farm’s capacity for compost when it has been separated from the farm by the subdivision
- Make the case that the proposal meets the requirements of applicable Conditional Use review standards in Sec. 302.D.
Additional discussion included that the bedded pack is on Lot 2; An ANR permit does not mean the project is commercial; If permitted by ANR, it will be regulated by both ANR and the Agency of Ag; The proposed facility is considered a Solid Waste Facility.
**T. Mullen moved to continue the hearing to November 11, 2026 at 7PM at Worthen Library; S. Dupont second. All in favor.
9:50PM — D. Patterson recessed the hearing to November 11, 2026 at 7:00 PM at Worthen Library. A notice will be published in the November 5 issue of the Islander, and the DRB Clerk will contact the Grand Isle DRB Clerk. The South Hero DRB will consult with the Town Attorney as to whether the hearing was warned correctly or must be re-warned. Mitchel Richardson will confirm with his attorney that this proposal meets the definition of on-farm accessory use.
Review of October 14, 2026 Minutes
L. Kilcoyne moved to approve the minutes of October 14, 2026, J. Myers second. All in favor.
Administrator’s Report
Schedule – November 11, 2026: continued hearing at Worthen Library. No meeting November 25, 2026. December 9, 2026 – nothing yet on the schedule. December 23, 2026 – no meeting. January 13, 2026 – continuation of Ross Brown major subdivision review.
Martha will be working remotely from December 10 to the 22nd. Phone calls to the office will be forwarded to her computer.
The Town Office will be closed during the week of November 16 to facilitate the move to the new building. Phone communication may not be reliable. Phone messages will (hopefully) be forwarded to Martha’s computer.
Due to preparations for the move to the new building, the general election in South Hero will be held at the Congregational Church on South St.
Adjournment
9:59 PM — S. Dupont moved to adjourn; J. Brightwell second. All in favor.
Respectfully submitted,
Martha Taylor-Varney, ZA
Signed :_____________________________ Date: _________________________
These minutes are unofficial until approved at the next regularly scheduled meeting. All motions were unanimous unless otherwise indicated.