SOUTH HERO DEVELOPMENT REVIEW BOARD July 24th, 2019
Members Present: Tim Maxham (Chair), Ross Brown; Sherry Corbin; Gareth Hunt; Liza Kilcoyne; Bob Krebs (alternate); Jim Brightwell (alternate)
Others Present: Martha Taylor-Varney (Zoning Administrator);
Members Absent: Doug Patterson (Vice Chair); Nate Hayward;
Public Present: Farnham, Joe; Greer, Sharron; McGovern, Jake; McGovern, Nancy; Thibault, Judy Wright; Wright, Keith; Wright, Nicole; Wright, Paul
Call to Order: Meeting was called to order by Bob Krebs at 7:00 p.m.
Changes to Agenda: None
Public Input: None
Hearing: 19-79-PI013 (Russell Variance Request)
- Krebs opened the hearing at 7:03 p.m.
Notice & Oath
- Krebs read the hearing warning. R. Krebs administered the oath to the attending members of the public.
Appearing on behalf of the applicant:
- Taylor-Varney appeared on behalf of the applicant as the applicant was unable to attend.
Board Chair T. Maxham arrived at 7:08 and assumed the chair from R. Krebs.
- Taylor-Varney said that the applicant was previously granted conditional use for his property with the stipulation from the Board that he return for a variance for the height of the structure. The subject of this hearing is a variance from the bylaws for Section 404 A (2) that does not allow for additional height on the non-conforming replacement structure.
There being no questions from the Board, T. Maxham closed the hearing at 7:12 p.m.
Hearing: 19-78-WS353 (Wright Family Partnership Variance Request)
- Maxham opened the hearing at 7:16 p.m. Board members sitting for this hearing: J. Brightwell, S. Corbin, R. Brown, G. Hunt, L. Kilcoyne, T. Maxham, R. Krebs.
Notice & Oath
- Krebs read the hearing warning. The oath was previously administered to the attending members of the public at the beginning of the meeting.
Appearing on behalf of the applicant:
John McGovern, assisted by Township Zoning Officer M. Taylor-Varney
The applicant would like to subdivide his property to create two additional lots. Because the subdivision will create more than 3 lots served by the current driveway, Town bylaws require that the right-of-way be upgraded from the current 30’ to 50’. For an eighty-foot length of the driveway, a 50’ right-of-way would infringe upon a neighboring lot and the applicant is unable to obtain an easement. Section 401 B says that the DRB may allow a right-of-way less than 50 feet “when demonstrated by the applicant that the proposal still ensures adequate public safety and provides for orderly development.”
The applicant asserts that he meets this requirement in that that the proposed subdivision is not going to significantly increase traffic on the road, since only two additional lots are proposed. One lot is to be left open; the other lot is to accommodate a two-bedroom home. Because of the lot sizes, the lots cannot be subdivided further. The applicant is asking only for a variance for the fifty feet, not for the entire length of the driveway, thus is requesting a minimal variance.
- Corbin said that the applicant needs a variance of 20’ on the width of the right-of-way on 80’ of the road.
- Corbin expressed concern that a narrower right-of-way would not provide space for utilities. J. McGovern said that the utilities already come to the lots from West Shore Road.
The Board expressed concern with the location of the road as depicted on the site plan. Mr. Wright stated that the road will not move from its current physical location and that the site plan may be incorrect.
- Maxham asked to confirm that Lot #3 will not be built on. Keith Wright from the audience said that on the original subdivision plan Lot #3 showed a two-bedroom house in order to get the State to recognize it for a septic permit. However, the intent is to have only a seasonal boat house with a toilet and shower. S. Corbin asked if the applicant was OK with a condition that there will not be bedrooms on that lot. Keith Wright said that there was no problem with that condition.
- Maxham said that the Board understands that the applicant is not going to put in a year-round dwelling on Lot #3, and that this would be conditioned. If a change was desired at a later date the applicant could come back before the Board.
- Corbin asked for a condition that requires a letter from an engineer addressed to the Zoning Administrator to stipulate that the road will stay where it is and will not interfere with the proposed septic system.
- Maxham asked if the subdivision process would continue. M. Taylor-Varney said that the applicant would have to start anew with a sketch plan after the variance was received since more than six months had elapsed since the original sketch plan was presented. She pointed out that since the mound had not been put in yet, it could be redesigned if there was a conflict with the road.
- Krebs said that he did not think the applicant needed a variance. The applicant can come back with a new sketch plan and if he demonstrates that the proposal “ensures adequate public safety and provides for orderly development” under the provisions of 401.B the Board can approve the plan.
- Hunt asked what information the Board needed in order to satisfy the requirements of “adequate public safety” and “orderly development.” S. Corbin suggested that the applicant needed to show that the reduction in ROW would not create a bottleneck, and recommended a site visit in conjunction with the new site plan hearing.
- Maxham suggested that the Board close the hearing on the variance request, and said that if the Board denies the request, the applicant can return as suggested by R. Krebs and address the issue with the new site plan. T. Maxham said that the applicant’s new application should show where the road is, the exact measurements of the ROW, and a letter from an engineer stating that the road does not impact the mound of the proposed septic. Keith Wright agreed with the approach.
- Maxham closed hearing to public at 8:03.
Review of Minutes
- Corbin moved to accept the minutes of minutes of July 10th. The motion was seconded by G. Hunt and passed by acclamation.
The Administrator’s Report was delivered by Martha Taylor-Varney (Zoning Administrator).
July 29th. Monday will be the fifth Monday of the month and will be a joint Select Board, Planning Commission and DRB meeting. The agenda will include the disposition of the Old White Meeting House, how to proceed with approval of the new development regulations, and a discussion with NRPC about grants for municipal studies for water and wastewater.
August 14th. Hearings for Lavin final plat and Keeler Bay Marina conditional use and site plan for expansion from 60 to 120 slips.
August 28th. Hearing for site plan and conditional use review for R.L. Vallee for the corner of 314 and Route 2. Hearing will be held at the Library to accommodate anticipated public interest.
Sept 11th. Hearings for a sketch plan for a 2 lot subdivision on Whipple Road, and for a deck within the lake setback for a property on Kibbe Farm Road.
A motion to adjourn the business meeting and enter deliberative session was made by L. Kilcoyne, seconded by G. Hunt, and passed by acclamation.
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.