DEVELOPMENT REVIEW BOARD MINUTES April 10, 2019
Members Present: T. Maxham (Chair); D. Patterson (Co-Chair); R. Krebs; G. Hunt; R. Brown; S. Corbin
Members Absent: L. Kilcoyne; J. Brightwell; N. Hayward
Public Present: Anne Quinn; Bridget Kerr; Jeff Sikora; Martha Taylor-Varney, ZA
7:05 PM – T. Maxham opened the meeting and made introductions.
Changes to the agenda
There were none.
There was none.
7:07 PM – Revision to DRB Decision #19-09-FR138 (Richardson)
- Corbin recused herself from this hearing. D. Patterson read the warning and interested persons were sworn in. Martha Taylor-Varney (ZA) presented the application to the Board.
The DRB approved application #19-09-FR138, dated September 12, 2018, for the construction of an automobile and farm equipment repair facility on property owned by Mitchel Richardson at 138 Ferry Rd (RT 314). This hearing was a revision to an original approval for a structure half the size that had a setback from the road of 121 feet. Due to the increase in the size of the structure and its location in an agricultural and residential area of town, Condition of Approval #4 limited the setback of the larger structure to no closer than 160 feet from the edge of RT 314. After the DRB’s approval, Mr. Richardson’s application required further Act 250 review. During the review process Northwest Regional Planning Commission required that the structure be moved much closer to the road in order to meet the requirements of Criterion 9L. The Town of South Hero objected to the proposed 50 to 75-ft. setback from the road that NRPC preferred and outlined the DRB’s reasons for the greater setback. The Act 250 District Commission agreed and, as a compromise, agreed to allow the structure to be built at the original 121-ft. setback for the original structure. Mr. Richardson asked the South Hero DRB for a revision to the September 12, 2018 decision, allowing the original 121-ft. setback to be reinstated.
- Krebs moved to accept the 121-ft. setback from the travel portion of RT 314 and that the Applicant submit a copy of the approved site plan; R. Brown second. All in favor.
7:16 PM – T. Maxham closed the hearing.
7:17 PM – Sketch Plan Review for a 6-Lot Subdivision at 275 US RT 2 – Martin and Patricia Lavin (#19-45-RT275)
- Maxham recused himself from this hearing. D. Patterson chaired the hearing. G. Hunt read the warning and interested persons were sworn in. R. Krebs told the Board that he had done the original survey of the parcel years ago and asked if there were any members of the Board or the public who felt there was a conflict. No one objected.
Jeff Sikora presented the application to the Board. Two previous lots were subdivided from the 101-acre parcel in 2018, creating lots #1 and 2 with the remaining land designated Lot #3. This remaining 6-lot subdivision would complete the subdivision of the parcel. This application will reconfigure lot #3 and add lots #4-8. The existing 60-ft. right-of-way, currently accessing Lots 1 and 2, will continue and access the rest of the proposed lots. Boundaries for Lots 3-7 will go to the middle of the ROW. Lot lines to the middle of Lavin Lane for Lots #1 and 2 will be implemented through a boundary adjustment.
- Corbin moved to classify the subdivision as a Major subdivision; G. Hunt second. All in favor.
Jeff told the Board that there were no pre-conceived uses for any of the lots at this time. There is a pre-existing wastewater design and permit that will be amended when future uses of the lots are determined. Three is 5200 gallons/day of wastewater available that could easily support 8 bedrooms per lot. There is also potentially additional wastewater capacity on Lot #7. There is an easement for a force main within the ROW. Jeff anticipates that water will be from drilled wells. No test wells have been drilled but there are indications are good in that area. Jeff is not planning for any potential water service to any development on this parcel in the future.
There are no limitations on the length of the road, and there are currently no plans for an access to South St. The South St. access location is very wet. The Lavin property includes a strip that goes to South St. rather than an easement or ROW. Jeff also told the Board that there will be trail easements throughout the property, but those locations have not been determined yet.
- Corbin asked if the existence of vernal pools in the area will affect development. Jeff answered that they had not been delineated. Prior to development they will need to be delineated and approved… They have the same setback distance as Class II wetlands. D. Patterson asked that they be shown on the Final Plat.
Bridget Kerr said that there was a vernal pool on Lot #7. She also asked if there would be public access on the planned trails; Jeff said he didn’t know the locations of trails yet. There needs to be an easement agreement between Lavin and the Town are proposed to be ADA compliant. The location of the pedestrian accesses do not need to be determined prior to development of any of the lots. Bridget asked if there will be direct pedestrian access from South St. Jeff said that nothing had been defined. Bridget said she’d like to see as much open space preserved as possible. T. Maxham had concerns about how wet the land is. He said there used to be tiles that drained the land to RT 2 at one time. He was concerned about how to drain storm-water, and how development would affect the ability to do that.
- Brown asked what the blue area on Lot #8 was. This is a flood zone/drainage swale to both Keeler Bay and Turtle Bay. R. Krebs asked if the Lavin Lane ROW would eventually become a Town road. Jeff said there was no intention for that to happen. Jeff also told the Board that the proposal is currently in the Act 250 project review process.
- Corbin asked about turnarounds – will there be a cul-de-sac or hammerhead? Jeff explained that the ROW width at the southwest corner of Lot #7 was wider to allow for this. D. Patterson said that the additional ROW width is need on Lot #8 for the same thing.
The Plat for the combined Preliminary and Final Plat review need to include the following:
- The vernal pool location on Lot #7.
- Any encumbrances (easements/VEC or VELCO/force main/water/telephone/etc.), and the locations of utilities within the ROW easement.
- Locations of any utilities – i.e. boxes or poles.
- Room in the right-of-way for a cul-de-sac or hammerhead on Lots #7 and 8.
- Whether the lots are commercial or residential.
- Building envelopes.
- Storm drainage plan for the road, whether uses are residential or commercial (the type of development will help determine this).
- Need to comply with all applicable requirements of Article 5 of the Development Regulations.
The current VTrans Letter of Intent for access of Lavin Lane from RT 2 will need to be amended.
7:55PM – B. Krebs moved to close the hearing; S. Corbin second. All in favor.
Review of Minutes
- Brown moved to accept the minutes from March 28, 2019; G. Hunt second. All in favor.
-April 24, 2019 — There will be a Combined Preliminary and Final Plat review for the Lavin 6-lot subdivision, and a conditional Use/Site Plan Review for a child care facility to be located at 266 US RT 2.
-There will be an appeal to 2 Notices of Violation issued to the Zlotoff Foundation at the May 8, 2019 DRB meeting.
-The ZA will be attending a Town Officers’ Education Conference in Rutland on May 11.
8:30 PM — D. Patterson moved to adjourn; G. Hunt second. All in favor.
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.