TOWN OF SOUTH HERO
Planning Commission Meeting with Zoning Board of Adjustment
March 19, 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
Zoning Board of Adjustment members present: Timothy Maxham, Paula Delano, Jim Baker, Alayne Rabow
Zoning Board of Adjustment members present, but recused from Hearing: Gwen Hobbs and Steven Nedde
Zoning Board of Adjustment members absent: Courtland Perry and George Rice
Staff present: Mitchel Cypes
Others present for the hearing: Eric Godin, Janine Bellinghiri, Bill Brownlee, Riyaz Merali, Judy M. Duval, Michael W. Brown, Michelle Godwin, Jessica McAllister, Jay Buermann, John Branch, Brian Costello and Steve Nedde
7:03PM: Calls to order by Timothy Maxham & Jonathan Shaw.
7:05PM: RT308-14-43B / Remedies Pharmacy, LLC & Godwin Real Estate, Retail, Pharmacy, Educational Use & Juice Bar. Timothy Maxham read the hearing notice and swore in people who requested the opportunity to testify.
Michelle Godwin, Jay Buermann and several Public were sworn in and introduced, showed the plans that were submitted and testified the following:
- Michelle Godwin earlier in the day purchased property. There is an escrow account for clean-up and the front yard stuff has been removed.
- The proposed use includes a small pharmacy, small ‘fitness’ retail, catering from a small kitchen that will include a juice bar, and small health classes to provide service that is not provided by nearby competition.
- The pharmacy will be located on the first floor and will provide pre-packaged medication that will be counted, but not compounded. There will be security to protect the pharmacy.
- The proposed hours for the pharmacy, retail and juice bar, all of which are located on the first floor, are to be 9AM to 6PM, 7 days a week.
- The Juice bar will use 225sf of space on the first floor. There are proposed to be 3 seats at the juice bar, subject to the Vermont Department of Health approval, and 4 benches with a total of 16 seats in the back yard near the east side fence. The benches will be movable. A catering license is required to allow outside seating. Served will be juices, salads and soups.
- A massage therapist or acupuncturist will use the second floor 225sf room above the kitchen during week days and on Saturday.
- There are 3 possible yoga instructors that have stated an interest in using the proposed 300sf room on the second floor. These classes will accommodate 6 to 8 students and be held 3 to 5 evenings per week, from 7PM to 9PM.
- The 100sf room on the second floor is proposed to be the owner’s office and will only be open during business hours.
- The lot coverage is proposed to decrease from an existing 48% to a proposed 40%. As a condition of the property sale, the larger existing shed is to be removed. Some interior walls, the downstairs bathroom and one of the two existing front doors are to be removed.
- The only proposed exterior development, if required by the State, would be a wheel chair ramp.
- They are proposing no change to the property access. V-Trans has stated to them that there is no concern regarding access for the new business and will provide a letter if requested to confirm.
- Water on the property is provided by fire district #4. No change to the water system or any of the other utilities is proposed.
- The existing septic system is grandfathered for 5-bedrooms. A permit application for the change of use has been sent to the State for review. They have received verbal assurances for ANR and are expecting to receive a new water and wastewater permit soon. No port-a-lets are proposed.
- The health department will determine whether the one upstairs bathroom, intended for use by employees, class participants, the message practitioner and patient, is sufficient.
- The plans indicate 11 existing parking spaces in a gravel parking lot. Past approvals for the property indicated 10 to 16 existing parking spaces, which included 2 parking spaces in the front of the building. The applicants propose landscaping the front area that once had parking and would like to add next to a pull-off area in the front a bike rack.
- Parking space widths and available travel lanes were discussed, with the Commission stating that the lot could be widened to better accommodate vehicles.
- There is an existing fence to remain adjacent to the property lines on both sides of the parking lot.
- They proposed to use the same existing sign location and size, and would request to be allowed to use additional signs that are allowed by the Town regulations.
- Downward pointing safety lights on a timer are proposed for the rear of the building near the parking lot and on the remaining shed. They may be switched to a motion detector after business hours. Both lights are proposed to be facing the parking lot. The applicants agreed to use LED lighting. The Boards and the Applicants discussed placing a porch light with a motion sensor and potentially an additional light pole between the proposed other lights near the middle of the parking lot.
- Proposed landscaping will include placing grass in the front area that had parking spaces, planters adjacent to the sign, flower boxes on the porch and possibly some flowers or low growing bushes in front.
The Boards and the Applicants discussed the following:
- How some areas in the rear of the property have been wet. A broken water line may have been the cause.
- That there have been several prior applications and approvals with conditions. The Boards indicated that these conditions may still apply. The Applicants asked if they could ‘wipe the slate clean’ and use the remaining front door as an entrance for pedestrians and bicyclist.
- The proposed uses may need to be staggered due to parking requirements.
8:08PM: On a motion by Paula Delano, seconded by Jim Baker, and approved unanimously (9-0) to change the name of the landowner to Godwin Real Estate LLC.
Steve Nedde, an abutting landowner, expressed concerns regarding the clean-up of a dump area in the rear of the property. The Applicants stated they would clean up the area.
Jessica McAlister expressed her confidence in the applicant and her landscaper to remove any garbage on the property.
8:15PM: On a motion by Terry Delano, seconded by Sandra O’Flaherty and approved unanimously to deem application complete
8:20PM On a motion by Paula Delano, seconded by Sandy Gregg and approved unanimously to close the hearing for deliberative session.
8:23PM: On a motion by Sandy Gregg, seconded by Doug Patterson and approved unanimously to approve the Minutes for March 5, 2014.
8:24PM: Administrative Officer’s Report: Staff discussed upcoming hearings.
8:28PM: Brian Costello of Local Motion and Staff requested a clarification of the regulations from the Planning Commission regarding incidental structures. The Commission ruled that incidental structures are exempt from permitting, except if proposed in a floodplain, and are permitted to be placed within the 75-foot lake setback. Brian Costello described a proposed incidental structure to be placed on the causeway property, which will be out of the floodplain, but within the lake setback.
The Planning Commission deliberated on subdivision application FR015-14-02PC.
8:40PM: A motion was made by Terry Delano, seconded by Sandy Gregg and approved unanimously to adjourn the meeting.
Respectfully submitted by Mitchel Cypes, Administrative Officer.
For Planning Commission