TOWN OF SOUTH HERO
April 2, 2014 Meeting Minutes
Planning Commission Members Present: Jonathan Shaw, George (Terry) Delano, Sandra O’Flaherty, Doug Patterson and Sandy Gregg
Planning Commission Members Absent: None
Staff Present: Mitchel Cypes
Others Present: Jay Buermann, Tim Maxham, Anne Zolotas
7:00PM: Call to order for the Planning Commission by Jonathan Shaw.
7:02PM: A motion was made by Terry Delano, seconded by Sandra O’Flaherty and approved unanimously to approve the Minutes for March 19 2014.
7:02PM: RT493-14-04PC, Cecile Bergeron, Sketch Plan Subdivision Application to create 1 new lot with remaining land at 493 U.S. Route 2.
Jay Buermann was sworn in and testified the following:
- The proposed subdivision is to separate the existing house and other structures from the remaining land. The proposed remaining undeveloped land is labeled as Lot #1. The proposed lot with the existing house is labeled as Lot #3.
- He confirmed that the updated survey work was performed by Warren A. Robenstien L.S.
- In 2008 a portion of the same property was subdivided to create Lot #2 as shown on the sketch plan.
- All of the property’s frontage on U.S. Route 2 is part of, and will remain with, proposed lot #3.
- Existing Lot #2 has access to Vermont Route 314 through a 20-foot wide easement located on the remaining lands to an existing 50-foot easement located between the Bergeron property and Vermont Route 314.
- Currently Lot #2 and the Smail’s property have access to the 50-foot right-of-way that accesses Vermont Route 314.
- Currently Lot #2, which is not developed, is allowed to use the main driveway through proposed Lot #3 to access Route 2. Should either property be sold, Lot #2 would not continue to have that access.
- There are existing wetlands, woodlands and a stream on the property not shown on the sketch plan, for which they have requested a regulation waiver.
The Commission reviewed the current sketch plan, plans from the previous subdivision and the Town’s regulations and discussed the following:
- The Commission recalled that access to Vermont Route 314 through an easement was required because, due to the placement of the existing house, insufficient width was available to allow access to the then proposed Lot #2.
- The Commission counted the number of lots included in both the previously approved and proposed subdivision and found with the remaining lands the total number of lots is still only 3, which would allow the proposed subdivision to be deemed a minor subdivision.
- The Commission raised concerns regarding the clarity of the plans, the need in this location to see on the plans the natural features and portions of the adjacent property lines.
- When comparing the current proposed sketch plan and a plan from the previously approved subdivision that created Lot #2, the Commission noted a discrepancy between the two plans regarding the location of the 20-foot easement benefitting Lot #2, which provides access to Vermont Route 314. The Commission will require for the final subdivision application that the easement be defined with meets and bounds.
- The Commission would also like to have the wet areas located at the northeast corner of the property shown on the plans.
- The Commission clarified that access to lot #1 will only be from Route 314.
- The Commission reviewed Section 707 of the Town’s Development regulations and since the proposed lot is to be a deferral lot, no concerns were raised.
7:50PM: On a motion by Sandy Gregg, seconded by Terry Delano and approved unanimously to deny the waiver request not to show the natural features on the plan.
7:55PM: A motion was made by Terry Delano, seconded by Doug Patterson and approved unanimously, to require showing the natural features on properties adjacent to the northeast corner of proposed Lot#1, but waive the inclusion of natural features on the remaining adjacent properties..
Public Comment: Tim Maxham requested clarification regarding which properties have use of the 50-foot right-of-way. He also raised concerns regarding the location of the 20-foot easement for access to the existing Lot #2 and requested that the easement be relocated from the middle of the agricultural field on the remaining lands to the edge of the agricultural field.
8:20PM: On a motion by Doug Patterson, seconded by Sandy Gregg and approved unanimously, the sketch plan was approved as a minor subdivision application to create one new lot with the additional review.
8:23PM: Administrative Officer’s Report:
- The warning in the Islander for the Buermann Family Limited Partnership hearing, which instead of running on March 25th, was in the Islander on April 2nd. The Commission and the Applicant decided to proceed noting that the notice could be viewed as meeting the required notice time.
- The Planning Commission provided an opinion regarding food carts as not being a structure and not governed by the Town’s zoning regulations. They suggested discussing the matter with the Selectboard.
The Commission deliberated on applications FR015-14-02PC and RT308-14-43B.
9:00PM: A motion was made by Sandy Gregg, seconded by Sandra O’Flaherty and approved unanimously to adjourn the meeting.
Respectfully submitted by Mitchel Cypes, Administrative Officer.
For Planning Commission