SOUTH HERO DEVELOPMENT REVIEW BOARD MARCH 14, 2018
Members Present: D. Patterson (Vice Chair); J. Brightwell; S. Corbin; G. Hunt; L. Kilcoyne; N. Hayward, T. Maxham (Chair)
Public Present: Jay Buermann (Buermann Engineering, LLC)
Call to Order: Meeting was called to order by Doug Patterson at 7:07 p.m.
Notice & Oath: L. Kilcoyne read the meeting notice as published in the Islander.
- Patterson administered the oath to the attending members of the public.
Changes to Agenda: None.
Kenneth Felis: Sketch Plan Review for 2-Lot Subdivision at 16 Landon Road (18-56-LR016)
The hearing was opened at 7:10 p.m. Tim Maxham recused himself from the hearing.
Jay Buermann appeared representing the Applicant, Kenneth Felis.
Mr. Buermann stated that the Applicant proposes to subdivide his unimproved 57.25 acre lot into two lots. Lot #1 will be 4.01 acres; Lot #2 will be 53.24 acres. Applicant plans to sell Lot #2 to an adjoining property owner, for agricultural use and subject to Land Trust restrictions. Applicant has no immediate plans for Lot #1. D. Patterson asked whether there had been any recent subdivisions of the property. Mr. Buermann stated that there had been no subdivisions since the property was transferred from Alden Dubuque 7-8 years ago. D. Patterson observed that there had evidently not been more than 4 subdivisions in ten years. S. Corbin made a motion to declare this a minor subdivision. L. Kilcoyne seconded the motion. Motion passed by acclamation.
- Patterson asked whether there had been any testing for on-lot disposal (septic) for either lot. Mr. Buermann stated that there had been testing on both lots, but that nothing had been permitted. Mr. Buermann stated that at present the Applicant intended to transfer Lot #2 to Sunset Lake Farm, to be used for agricultural purposes and subject to Land Trust restrictions. The Applicant has no immediate plans for Lot #1, and although he may subsequently seek to develop it for residential purposes, he is not interested in testing for wastewater at the current time, but wants to proceed with the subdivision and sale of Lot #2. Mr. Buermann provided a copy of an excerpt of the State of Vermont Environmental Protection Rules, Chapter 3 – Subdivision 1-305 Deferral of Permit, as precedent for granting a subdivision without a wastewater permit, wherein the grantee acknowledges that the lot may not subsequently qualify for development. S. Corbin stated that a wastewater permit is not a prerequisite for subdivision, although it is for building on the lot.
- Patterson asked if there had been soils testing; Mr. Buermann responded that another engineer had done substantial soils testing 2-3 years ago. The engineer had provided test pit results and a letter speculating that development could be supported, but the effort did not proceed to design.
Upon inspection of the Sketch Plat, D. Patterson observed that the Plat was not properly titled, and that the owners of abutting properties across Landon Road were not identified.
- Patterson requested that Mr. Buermann identify the waivers he is requesting. Mr. Buermann indicated that he is requesting (1) a waiver from the requirement to show the detailed locations of natural features on Lot #2 and adjacent properties, since Lot #2 will remain unchanged, and (2) a waiver from showing proposed rights of way, trails, sidewalks, parking areas, structures, and land uses on Lot #1, as any development on that property will be subsequently reviewed by the Town. Mr. Buermann provided an aerial view of the property and surrounding areas. N. Hayward made a motion to grant the waivers requested; G. Hunt seconded. The motion passed by acclamation.
- Patterson asked if Lot #1 might be developed as a PUD with 3 or more units; Mr. Buermann said that he felt that 3 units would be a maximum. D. Patterson asked if the site was eligible for Fire District 4 water. Mr. Buermann indicated that there was an expiring allocation granted to the Applicant by the District several years ago; the property is within the district and there is a water main there. D. Patterson asked if there was an easement being retained on Lot #2 to provide septic for Lot #1, in the eventuality that septic was not feasible on Lot #1. Mr. Buermann indicated that no easement was being retained on Lot #2.
- Corbin asked if there was tiling on the property. Mr. Buermann indicated that while he had not encountered any, he could not provide a definitive answer.
- Corbin stated that if the subdivision was granted, and Lot #1 was subsequently developed as a single-unit residential dwelling or duplex, the development would be reviewed by the Zoning Administrator, not the DRB. L. Kilcoyne clarified that if Lot #1 was subsequently subdivided into 3 lots or as a PUD the development would appear before the DRB.
Mr. Buermann cited the Haycorn Hollow development as an example of where a deferral was used to create an unbuildable lot.
Mr. Buermann asked if the Plat had to be completed for final approval; D. Patterson indicated that a final plat was required for DRB approval.
- Hunt made a motion to close the hearing; L. Kilcoyne seconded. The motion passed by acclamation. The hearing was closed at 7:45 p.m.
Tim Maxham rejoined the business meeting.
Review of Minutes: T. Maxham moved to accept the minutes of February 14th. Leza Kilcoyne seconded the motion. The motion passed by acclamation.
Public Input: None.
- A walkthrough of the Richardson property is scheduled for 08:00 a.m. this Saturday, March 17th as a continuation of the hearing on the application for Conditional Use.
- T. Maxham suggested that the DRB and Planning Board may want to use the occurrence of a 5th Monday in April to coordinate plans for the new Development Bylaws with the Select board. Leadership for this effort would occur from the Planning Board.
- Maxham made a motion to adjourn the meeting. The motion was seconded by L. Kilcoyne. The motion passed by acclamation. The meeting was closed at 8:30 p.m.
Signed: ________________________________________ Date: ________________
For the DRB
These minutes are unofficial until approved at the next regularly-scheduled meeting. All motions were unanimous unless otherwise indicated.