TOWN OF SOUTH HERO
October 15, 2014 Meeting Minutes – Draft
Planning Commission Members Present: George (Terry) Delano, Doug Patterson, Sandy Gregg and David Roy
Planning Commission Members Absent: Sandra O’Flaherty
Staff Present: Mitchel Cypes
Others present from the sign in sheet: Jay Buermann, Tricia Breault, Sylvie Breault, James Bond, Rick Breault and Tim Maxham.
7:00PM: Call to order for the Planning Commission by Doug Patterson.
7:00PM Additions or Deletions to the Agenda were solicited. A motion to switch the order of agenda items 7, Town Plan, and 8, Deliberations, was made by Sandy Gregg, seconded by David Roy and approved unanimously.
7:01PM: Continuance from September 17, 2014; RT493-14-04PC, Cecile Bergeron, Final Subdivision Application to create 1 new lot with remaining land at 493 U.S. Route 2 Doug Patterson swore in the Applicant’s Engineer and interested Public. Jay Buermann stated the surveyor, who was supposed to provide updated plans for this meeting, did not do so. Jay Buermann stated that the updated plans would have the following changes:
- Correct the missing and misplaced property lines.
- To include all the current adjoining property owners.
- A clarification of the connection of the easement benefiting lot 2 on lot 1 to the 50 foot right-of-way that accesses Route 314.
- An update of the location of the easement for lot 2.
Jay Buermann, the Public and the Commission discussed and then concluded the following:
- According to the Flood Insurance Rate Maps there is a floodplain area on lot 1. Submittals provided by the applicant show the locations of wetlands and provide 20-foot contours. Jay Buermann stated that floodplain and wetland areas often change over time. He requested and the Commission agreed that instead of showing the areas on the plat, a note indicating possible floodplain and wetland areas exist on lot 1.
- Jay Buermann explained that the intent of the 30 foot access easement on lot 3 is to allow lots 1 and 2 to access U.S. Route 2. This easement is limited in width because there would be insufficient setback distance to the existing residence on lot 3 to the easement if the width of the easement was wider. The existing 20 foot access easement on lot 1 allows access of lot 2 to Route 314. Jay Buermann stated that a future landowner of lot 3 may wish not to allow access to U.S. Route 2 to lots 1 and 2, which instead could be accessed from Route 314.
- The location as shown on the plat of the wetlands crossing for the 20 foot easement will be updated to match the more southerly location shown on the Lamoureux & Dickinson plan utilized in a prior approval. Tim Maxham and Sylvie Breault stated their belief that currently no wetland crossing exists.
- In response to Mr. Smail’s concern raised at the previous hearing, Jay Buermann presented the maintenance agreement for the right-of-way, which was recorded in Book 93 and Pages 504-5 of the South Hero land records. Jay Buermann stated that this agreement explains the existing and possible future requirements for sharing the costs of maintaining the right-of-way to Route 314. The Commission stated that should a new residence be built that uses this access, the access would be required to be upgraded to meet Town road standards.
- Regarding the property line dispute involving the Bergeron and Breault properties, Jay Buermann noted that there are 2 competing Robenstien surveys, which do not agree, and that the property deeds refer to a prior survey by Warren Robenstien, which was done around 1988 and is recorded on map slide 198B in the Town Office. Jay Buermann stated his belief that this is a legal issue and should not affect this subdivision application. Tricia, Sylvie and Rick Breault expressed their concerns regarding a property pin being placed on what seems to them to be their property, which was associated with the previous subdivision approval for the Bergeron property. Jay Buermann stated that the property line on this boundary could either be defined by meets and bounds or a fence line. Tim Maxham encouraged the Commission to resolve this issue. The Commission stated that it is requiring that this issue be resolved because they want the property lines correctly presented on the subdivision survey plat.
7:57PM A motion to waive the requirement to show 2 foot contours on the subdivision plat was made by Terry Delano, seconded by David Roy and approved unanimously.
8:03PM A motion to require the floodplain area to be shown on the subdivision plat was made by Terry Delano, seconded by David Roy and after a discussion was denied with David Roy voting in favor.
8:05PM A motion to require a note on the survey stating that there are possible wetland and floodplain areas on the lot 1 property instead of requiring the possible wetland and floodplain areas being shown on the subdivision plat was made by Terry Delano, seconded by Sandy Gregg and approve unanimously.
The Planning Commission stated that before they could close the hearing and make a decision on this application, the required updates to the subdivision plat need to be submitted and reviewed.
8:10PM: A motion to continue the hearing to October 29, 2014, at 7:00PM, conditioned on submittal of updated plans to Administrative officer by October 22, 2014 was made by Terry Delano, seconded by Sandy Gregg and approved unanimously.
8:11PM: MR007-15-01PC; James Bond – Sketch Plan Subdivision Application to create 1 new lot with remaining land at 7 Martin Road. The James Bond stated the following:
- He is applying to subdivide the 9.5 acre property that he has owned for 10 years and that is adjacent to both Martin Road and South Street, creating a new lot with 1.1 acre that accesses South Street and keeps the remaining 8.4 acres that accesses Martin Road.
- He has rarely visited that portion of his property, which is about 60% wooded.
- On an enlarged plan that shows the proposed 1.1 acres subdivided lot is the possible house location, proposed septic location, 2 foot contours and other natural features.
- He is requesting not to show contours and natural features on the larger survey plot.
- His property has not been subdivided in the last 10 years.
There was no Public comment. Some minor corrections per the Staff report were noted, which require some modifications to the plan for submittal of the Final Subdivision application.
8:21PM: A motion to approve the sketch plan as a minor subdivision application that will create one new 1.1 acre lot with 8.4 acres of remaining land was made by Terry Delano, seconded by David Roy and approved unanimously.
8:24PM: A motion to approve the waiver request not to show contours and natural features on the final plat was made by David Roy, seconded by Terry Delano and was approved unanimously.
8:26PM: Public Input: No Public input was presented.
8:26PM: Administrative Officer’s Report:
- On Wednesday, October 22nd there is a seminar in Burlington that will discuss the updated Criterion 9L. Sandy Gregg discussed her communications with Richard Amore and Jeff Green and how ACT250 is interpreting the village designations, which were only to be used for historic development and tax development enhancement grants, as being used to limit development that requires an ACT250 approval.
- On Thursday, October 23rd NRPC is having its annual Zoning Administrator’s Roundtable, which will discuss the open meeting and shoreland laws. Staff is planning to attend.
- On Wednesday, October 29th is the annual Fall Planning and Zoning Forum in Montpelier, which Staff is planning to attend.
- On November 5th is the South Street Necessity Hearing, which is a requirement prior to land condemnation.
- On November 12th is continuation of the Pest Pro Inc. application RT238-15-15B.
- On the November 19th meeting, Staff is planning to present updated forms and proposed policy to the Commission as requested by the Selectboard at the September 29th meeting.
8:43PM: A motion was made to approve the Minutes for October 8, 2014 as amended by Sandy Gregg, seconded by Terry Delano and approved unanimously.
8:49PM: A motion was made to go in to deliberative session inviting Paula Delano and Tim Maxham by Terry, seconded by Sandy Gregg and approved unanimously. Tim Maxham left after discussion on application RT456-14-23B concluded.
9:56PM: A motion was made to come out of deliberative session by Sandy Gregg, seconded by David Roy and approved unanimously.
9:57PM: A motion was made to approve the Planned Unit Development and Site Plan application FR015-15-01B for the Cota Family Trust with conditions by David Roy, seconded by Sandy Gregg and approved unanimously.
Town Plan: The Commission decided to meet on November 5th at 6:30PM at 29 Kibbe Farm Road to discuss the Town Plan. Staff will provide the required notices.
10:03PM: A motion to adjourn the meeting was made by Sandy Gregg, seconded by David Roy and approved unanimously.
Respectfully submitted by Mitchel Cypes, Administrative Officer.
For Planning Commission