HERO DEVELOPMENT REVIEW BOARD December 12, 2018
Members Present: Tim Maxham (Chair); Doug Patterson (Vice Chair); Jim Brightwell (alternate); Ross Brown, Sherry Corbin; Nate Hayward; Liza Kilcoyne
Others Present: Martha Taylor-Varney (Zoning Administrator)
Members Absent: Gareth Hunt
Public Present: Mark Clifford
Call to Order: Meeting was called to order by T. Maxham at 7:00 p.m.
Changes to Agenda: None
Public Input: None
Hearing: Continuation of Clifford Variance Request (19-15-MR067)
- Maxham opened the hearing at 7:02 p.m.
Notice & Oath
- Maxham noted that this is a continuation of the hearing and that the original hearing date was warned. T. Maxham reminded Mark Clifford that he had been administered the oath at the opening session of the hearing.
Appearing on behalf of the applicant:
Testimony of Mark Clifford:
Since the previous hearing session, Mr. Clifford said that he had spoken with Mike McGoon, who surveyed the town roads in 2008. Mr. McGoon found that Martin Road was straight line road that ended prior to Mark Clifford’s property and did not continue on around the curve toward Sunset Beach Road. Mr. McGoon also said that if the town maintained the road in front of Mark’s property (beyond the original extent of Martin Road), that section of road may now be a town road. Mr. Clifford noted that the Town now takes care of road around bend, up Pat Corbin’s driveway to the barn, which may now mean that it’s a town road. M. Taylor-Varney said that the distance from the beginning of Martin Road to Pat’s barn fits the distance that the town has recorded on the road inventory for Martin Road. Mr. Clifford related that Mr. McGoon said that Sharon Roy had the information from his survey and was involved at the time.
Mr. Clifford said that he had redesigned the plan for his garage so that it would no longer impinge on the road right-of-way.
Mr. Clifford said that his other concern was the right-of-way for Sunset Beach road and how it may impact. Mr. McGoon told Mr. Clifford that Sunset Beach Road was not a town road and was not surveyed by him. M. Taylor-Varney said that the original plat for the Sunset Beach subdivision shows a 50’ ROW for Sunset Beach Road.
- Corbin asked when the subdivision was done. M. Taylor-Varney said the subdivision was done in the 1930’s. Mark Clifford observed that his deeds (dated earlier) show only the access road to the farm, which is called the Larrow Farm road (now Pat Corbin’s). S. Corbin observed that if a ROW was created for Sunset Beach Road by Larrow on his land, it would have to adjoin, not cross, the parcels that are now owned by Mark Clifford, since Mr. Cliffords parcels were not owned by Larrow. Therefore a structure on Mr. Clifford’s parcel could not be on the Sunset Beach ROW.
Subsequent to discussion, the Board expressed confidence that Mr. Clifford had done due diligence to ensure that his proposed structure is outside the Martin road right-of-way, but noted that it might be within the setback.
The Board requested that Mr. Clifford return with:
- a cleaned-up drawing showing the dimensions, and distances from the road ROW and the west property line, and any other relevant information,
- either the plat that Mike McGoon did in his survey of town roads, if it can be located in the Town vault, or a letter or other documentation from Mike McGoon stating where Martin Road ends.
The Board pointed out that Mr. Clifford also had the ability to appeal to the Selectboard for a definitive statement of where Martin Road ends.
- Brown made a motion to continue the hearing on January 23rd. L. Kilcoyne seconded the motion, which passed by acclamation.
Review of Minutes
- Patterson moved to accept the minutes of November 28th. The motion was seconded by S. Corbin, and passed by acclamation.
The Administrator’s Report was delivered by Martha Taylor-Varney (Zoning Administrator).
There has been no response to the letter sent to Act 250 regarding Richardson.
On January 9th there will be two hearings, (1) a conditional use & site plan review of Lot 1 of the Lavin subdivision for the Seacomm Credit Union, and (2) a 3 lot subdivision for Vanderer property.
On January 23rd there will be a continuation of the hearing for Mark Clifford, and a hearing for Daly.
- Patterson moved to adjourn the business meeting; the motion was seconded by L. Kilcoyne and carried by acclamation at 8:55 p.m.
James G. Brightwell
Clerk for S. Hero Development Review Board
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.