TOWN OF SOUTH HERO
Planning Commission with Zoning Board of Adjustment
April 1, 2015 Meeting Minutes – Draft
6:00PM: A site visit on parcel FR033 was held. Attendance per the sign-in sheet included Tim Maxham, Sherry Corbin, Terry Delano, Paula Delano, Tim Cota, Kelly Cota, Sandra O’Flaherty, Janice Fetsch, Kent Goodwin, Sandy Gregg, Kim Ravdin, David Roy and Mitchel Cypes.
Planning Commission Members Present: George (Terry) Delano, Sandra O’Flaherty, Sandy Gregg and David Roy
Planning Commission member absent: Doug Patterson
Zoning Board of Adjustment members present: Janice Fetsch, Paula Delano, George Rice, Kent Goodwin and Sherry Corbin
Zoning Board of Adjustment members absent: Jim Baker and Alayne Rabow
Zoning Board of Adjustment member recused for the hearing: Timothy Maxham and Jim Baker
Staff Present: Mitchel Cypes
Others present from the sign in sheet: Kelly Cota, Tim Cota, Tim Maxham, Audrey Magram, Andrew Ionta, Marylyn Pillsbury, Janine Bellinghiri and Jeff Sikora
7:00PM: Call to order by Janice Fetsch for the Zoning Board of Adjustment. Introductions were provided.
7:02PM Terry Delano opened the meeting for the Planning Commission
7:02PM Additions or Deletions to the Agendas: No change was requested.
7:03PM: Continuation from March 18, 2015, FR033-15-46B, Cota Family Trust, Conditional Use and Site Plan Review for Proposed Propane and Wood Pellet Retail Businesses and Proposed Commercial Use / Storage structures. Janice Fetsch read the hearing notice.
Staff stated a correction provided by Chris Herrick, State Hazmat Chief, to a statement made in the last hearing, that in Towns that do not have a trained Fire Marshal, the State Hazmat Chief would have final jurisdiction to review State permit applications.
Applicants Tim Cota and Kelly Cota, and all the members of the Public in attendance were sworn in by Paula Delano.
7:06PM A motion to add the zoning file history for consideration in this hearing was made by George Rice, seconded by Sandy Gregg and approved unanimously.
The Applicants testified the following:
- Empty propane tanks located near the front of the property are being moved to Alburgh, after a chain link security fence is installed on a property the Applicants are renting. Some tanks need to remain.
- A car and chicken coops on the property would remain and would be screened by the proposed fence.
- They are planning to come back to the Boards to apply for a 1,000sf show room.
- The tank to fill BBQ tanks with propane has an encased power line.
- The proposed 2nd 500-gallon propane tank is to be located next to existing 500-gallon propane tank in the building #4 as marked in exhibit 1. Building #4 with the proposed propane tanks is next to a shale wall and has a fence around it.
- The pallet structures located in the rear yard near the proposed buildings are movable. Some of these pallets have outdoor concrete fireplaces for sale.
- There are several tanks located on the slab near the office, which include the following:
- An empty 275 gallon tank used for diesel, which he is going to cap and leave on a rack for future use.
- There is a kerosene tank, which is a quarter full, will be removed when empty, and will be replaced with a propane tank to heat the office.
- There will only be 2 tanks in that location when the fuel inside is used, probably in the fall.
- There are two tanks northwest of the office. One is a 330 gallon propane tank that heats the shop. The other is a 275 gallon tank that has off road diesel to fuel the tractor and the wood processor.
- The property size is 1.64 acres.
- The truck numbers provided are used to designate trucks and do not refer to the size of the trucks.
- A propane odor is from valves removed from old tanks. Once the valve is removed the tanks can be scrapped. They dispose of old tanks in Hinesburg. The odor will stay in the steel.
- There are ‘No Smoking’ signs in the areas where propane may settle.
- 6 evergreen trees were placed for a past application approval on an embankment adjacent to Davis Hill Road. In response to requests for additional landscaping, the Applicants questioned the need for additional landscaping.
- They wish to put up a 6-foot fence along west side property line and some adjacent areas for screening. Exhibit 1 was edited to show the proposed fence location, which will need a separate administrative permit.
- Equipment currently located near Ferry Road, and wood processor and a conveyor belt, are for sale. The Applicants said they are not requesting to remove wood processing business on property.
The Boards expressed concern about the density of development occurring on the property. The Boards explained to the Applicants that adding new conditional uses could be predicated on the removal of prior approved uses. The Applicants were asked to prioritize their existing and proposed uses. The Applicants stated that the uses they wish to remain by priority are the propane retail, the wood pellet retail, the auto shop, and the salt and sand retail. The uses that could be removed are the small engine repair and the firewood processing business. The salt and sand stored on the property is mainly for use on their other properties. They also stated that the snow plowing State contracts and commercial use will end on April 15th. The Applicants still wish to have a plow for their own uses, but do not plan on plowing for others. The Applicants clarified that the uses that could be removed are not occurring in the proposed buildings. All the proposed buildings are already built. Coordination of uses between 15 Ferry Road and 1 Ferry Road were discussed.
- Audrey Magram introduced herself as an abutter on Maple Ridge. She expressed concern that prior approval not followed, that house values would be reduced by this development, safety of the property and the traffic caused by this business on Ferry Road and the Applicant’s insurance. In response the Applicants explained that there are ‘No Smoking’ signs on the property.
- Andrew Ionta introduced himself as an abutter on Maple Ridge. He expressed concern about a traffic situation he observed, where a cab was sitting in the Route 314 roadway. The Applicants explained that they received without notice an extra delivery of wood pellets, which they were not ready to receive. The tractor trailer’s cab was about 3 feet into the roadway for about 10 minutes as they removed one pallet and then the truck was able to drive on to their driveway. The truck driver tried to back in the trailer and got stuck. Once one of the loads of wood pellets was removed, the truck was able to fully back into their driveway, which is often wet this time of year. The Applicants testified that the plan on paving their driveway, which would solve such problems.
- Marylyn Pillsbury expressed concerns regarding the traffic generated by the business.
- Janine Bellinghiri would like the Board to require that everything be meticulously placed on the property and was concerned about the safety due to the tanks being placed near Ferry Road. The Applicants stated that near Ferry Road the new, empty tanks do not have gas.
7:57PM: A motion to accept the application as complete was made by Sandy Gregg, seconded by David Roy and approved unanimously.
The history of the property was discussed and whether a variance would be needed.
8:02PM: A motion to close the hearing for deliberative session was made by Sherry Corbin, seconded by Kent Goodwin and approved unanimously.
8:02PM: A motion to close the hearing for deliberative session was made by David Roy, seconded by Sandy Gregg and approved unanimously.
8:04PM: Public Input: Jeff Sikora asked about VEC support letters, which have been completed and will soon be sent.
8:05PM: Administrative Officer’s Report:
- Staff stated that there is no scheduled hearing for the ZBA meeting on April 8th. The ZBA decided it would have a meeting to deliberate a decision for application FR033-15-46B.
- Staff informed the Planning Commission of sketch plan application ES056-15-05PC for a subdivision to create 6 new lots is scheduled for the April 15th meeting.
- Staff anticipates a complete Conditional Use and Site Plan application for ES020 to have events (up to 106 guests) at their winery, which could be scheduled for May 6th.
- Public inquiries regarding footprint definition and setbacks for accessory dwellings were discussed. A footprint is the area of a building that touches the ground. The entire building that has an accessory dwelling is required to have a 25-foot setback.
- Updates on Snow Farm Wineries expansion and the violation at WS146 were provided.
- The requirements for minutes for the 5th Monday meeting were discussed.
8:27PM: A motion was made to approve the Planning Commission Minutes for March 18, 2015 as corrected by Sandy Gregg, seconded by Sandra O’Flaherty and approved unanimously.
The Planning Commission and Zoning Board of Adjustment discussed time limits on decisions.
8:34PM: A motion to recess the hearing for deliberative session was made by George Rice, seconded by Kent Goodwin and approved unanimously.
9:07PM: A motion to come out of deliberative session was made by George Rice, seconded by Kent Goodwin and approved unanimously.
9:09PM The Commission with ZBA members Tim Maxham, Paula Delano, George Rice and Sherry Corbin discussed the Town Plan
10:29PM: A motion to go into deliberative session was made by Sandy Gregg, seconded by Sandra O’Flaherty and approved unanimously.
10:51PM: A motion to come out of deliberative session and adjourn the meeting was made by Sandy Gregg and seconded by Sandra O’Flaherty and approved unanimously.
10:52PM: A motion to approve site plan application RT071-15-45P with conditions was made by Sandy Gregg and seconded by Sandra O’Flaherty and approved unanimously.
10:53PM: A motion to adjourn the meeting was made by Sandy Gregg and seconded by Sandra O’Flaherty and approved unanimously.
Respectfully submitted by Mitchel Cypes, Administrative Officer.