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September 27, 2023 DRB Minutes

DRB, DRB minutes

SOUTH HERO DEVELOPMENT REVIEW BOARD MINUTES                September 27, 2023

 

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

 

Others Present: Don Bedard (via Zoom); Joe Mackey; Rob Mackey; Charles Martin; Joan Falcao; Mike Gulla; Stern Rosen; Martha Taylor-Varney (ZA)

 

7:00 PM – Chair T. Maxham opened the meeting and introduced the Board.

 

Changes to the Agenda

There were none.

 

Public Input

There was none.

 

Finalize Conditional Use/Site Plan Review for Stern Rosen/Rosen Marine (24-13-FR050) – Recessed from September 13, 2023

7:02 PM — Chair T. Maxham re-opened the hearing from September 13, 2023.  Stern Rosen presented the updated site plan showing the additions made, including:

  • Correcting the entrance/exit locations,
  • Add existing and proposed light locations on the barn,
  • The location of the sign,
  • Changing the previous office use to “Personal Storage,”
  • Identifying the location for boats waiting to be picked up.

Mr. Rosen also told the Board that he plans to add more trees along the road frontage as additional screening, also shown on the updated site plan.  N. Hayward noted that the graphic scale on the site plan was not correct, but that the boundary dimensions shown are correct.  It was noted that the Board had waived the requirement to show contours at the September 13 meeting.

 

  1. Kilcoyne moved to accept the site plan as complete; N. Hayward second. All in favor.

 

7:10 – T. Maxham closed the meeting.

 

Administrative Review of a 2-Lot Subdivision at 269 US RT 2 – Michael Gulla/H.S.E. Realty (24-10-RT269)

7:13PM – T. Maxham opened the hearing.  The warning was read and interested persons were sworn in.  Zoning Administrator Martha Taylor-Varney presented the application to the Board. N Hayward told the Board that he is an abutter to 269 US RT 2 across the road and offered to recuse if the Board felt it necessary.  There were no objections and he remained.

H.S.E. Realty is proposing to subdivide a 21.46-acre parcel into two lots.  Both lots will be in the South Hero Village Zoning District.  Lot 1 will be 9.45 acres and will include the 2 structures for Island Racing and a septic mound.  Lot 2 will be 11.96 acres and is undeveloped.  A 50-ft. right-of-way will extend south from the existing curb cut, straddling the length of the proposed boundary between the lots.  No location for access to Lot 2 has yet been identified.  Wetland delineations on Lot 2 have not been updated.  No wastewater permit has been obtained, and the wastewater permit application will be left to the future buyer of the lot.  Deferral language for wastewater and potable water will need to be added to the deed for Lot 2.  There is a power pole on RT 2 from which underground lines can run to any future structure(s).  The Zoning Administrator reviewed the survey per Table 4.1 (Subdivision Requirements – Minor Subdivision).  Any future development on Lot 2 will be subject to Act 250.

 

  1. Kilcoyne moved to waive the requirement to show contours on the survey; J. Brightwell second. All in favor.

 

  1. Patterson asked that disclaimers for wetlands delineations and water/septic availability be added to the survey plat.

 

  1. Hayward moved to accept the survey as complete; J. Brightwell second. All in favor.

[After deliberation, J. Brightwell moved to approve the application; M. Welch second.  All in favor.]

 

7:26PM – T. Maxham closed the hearing.

 

Conditional Use and Site Plan Review for a Residential Planned Unit Development – Mackey Revocable Trust (24-11-SR125)

7:29 PM – T. Maxham opened the hearing.  The warning was read and interested persons were sworn in.  Robert and Joe Mackey presented to the Board.   125 and 127 Station Rd. are multi-family dwelling units on a 13.1-acre parcel in the Rural Residential Zoning District (there was discussion about a discrepancy between the acreage on the Grand List and that shown on the Town parcel map).  The Applicants want to build a 2BR home for Rob Mackey, south of the SR127 structure, for a total of 5 dwelling units on the property.  The septic allocation from a 2BR ground-floor unit at 127 Station Rd., never occupied, will be reallocated to the new home, so the addition of the new home will not increase septic demand.  127 Station Rd. will remain as two 2BR residences (duplex).

 

Questions from the Board

  1. Maxham asked about the south end of the lot. Is it open or wooded? The south end is all cedar trees.
  2. Hayward commented that a lot of junk had been removed from the lot. The Applicants described numerous truckloads (water heaters, cast-iron bathtub, etc). Is there a septic permit for the proposed 2BR home?  The application has been submitted to the State.  Will the parking and driveway configuration remain?  Yes.

 

  1. Brightwell asked about the open space shown on the site plan. Is the open space for common use? Is there any future development planned in any of the open space?   Rob Mackey replied that there was none planned at this time.  The housing at 125 and 127 Station Rd. are rental units and will remain under his ownership.  J. Brightwell commented that if any of the units were sold in the future that covenants and an association should be required by the Town. This was included in the application and the Applicants agreed.   Should use of the open space be considered as a condition of approval?  N. Hayward stated that that would be too restrictive for a PUD of this size.  Any additional development would need to come back before the DRB anyway.
  2. Maxham noted that the site plan includes proposed building envelopes and proposed exclusive use zones for the 2 existing structures and the proposed single-family home. D. Patterson asked what the acreage is for each envelope and zone. He would like those to be noted on the site plan. Once those are calculated, the acreage for the open space will be easy to determine.

 

  1. Kilcoyne commented that she liked that the 3 structures will be together on the lot, maintaining more open space. What type of vegetation is there? Rob Mackey said dense cedars and honeysuckles were on much of the open space.

 

Tim Maxham asked if there were any suitable septic areas for additional development on the parcel?  Rob Mackey said that there was very little.  There are ledge and wet areas as you get closer to Station Rd.  The Applicants were reminded that any future development on the parcel would require DRB review first.

 

Ther were no public comments or questions.

 

  1. Kilcoyne moved to accept the site plan as complete; J. Brightwell second. All in favor.

 

8:07 PM — T. Maxham closed the hearing.

 

New Business

There was none.

 

Review of September 13, 2023 Minutes

  1. Patterson moved to approve the minutes of September 13, 2023; M. Welch second. All in favor.

 

Administrator’s Report

  1. There are no hearings scheduled for October 11. There will be a short business meeting followed by deliberations for the Mackey PUD and Pest Pro’s appeal to their notice of violation. Neither Doug nor Liza will be able to attend on the 11th.
  2. Zoning 101 continues September 28 at 6PM at the Town Office.

 

Adjournment

  1. Patterson moved to adjourn and move to deliberative; L. Kilcoyne second. All in favor.

 

Respectfully submitted,

Martha Taylor-Varney, ZA

 

 

Signed ___________________________________ Date: ___________________________

For the DRB

 

 

These minutes are unofficial until approved at the next regularly scheduled meeting.  All motions were unanimous unless otherwise indicated.

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