TOWN OF SOUTH HERO
ZONING BOARD OF ADJUSTMENT
March 19, 2014
REGULAR MEETING MINUTES
7:00 p.m. Hearing – Joint with Planning Commission:
– RT308-14-43B/Remedies Pharmacy, LLC & Godwin Real Estate, LLC – Conditional Use Review & Site Plan, Retail, pharmacy, juice bar, educational use
A) Zoning Board members in attendance
- P. Delano, J. Baker, T. Maxham, A. Rabow (alternate)
- G. Hobbs, S. Nedde – recused
- C. Perry, G. Rice – absent
B) Planning Commission members in attendance
- G. Delano, J. Shaw, D. Patterson, S. O’Flaherty, S. Gregg
C) All other active participants in the meeting
- M. Godwin (Spoke), J. Buermann (Spoke), S. Nedde (Spoke), J. McAllister (Spoke), E. Godin, J. Bellinghiri, B. Brownlee, R. Merali, J. Duval, M. Brown, J. Branch, B. Costello
- Zoning Administrator – M. Cypes
- The Planning Commission hearing was called to order by Jonathon Shaw at 7:04 p.m. The Zoning Board hearing was called to order by Tim Maxham at 7:05 p.m.
- The warning was read by Tim Maxham. The oath was given by Tim Maxham.
- Motion made by Paula Delano, seconded by Jim Baker, to amend the application to read Godwin Real Estate LLC as the property owner. All so voted to approve.
- Motion made by Paula Delano at 8:20 p.m., seconded by Sandy Gregg, for both Boards to close the hearing. All so voted to approve.
E) Project and Discussion
- The following items are in the folder:i. Conditional Use or Site Plan Review Application Form
ii. Letter from Michelle Godwin, to South hero Planning and Zoning Boards dated 3/14/14
iii. Plan titled ‘ Site Plan, Remedies Pharmacy, LLC, Godwin Real Estate LLC’ by Buermann Engineering, LLC. Project number 644, dated 2/17/2014
iv. Plan titled ‘ Site Plan, Remedies Whole Healthy Pharmacy, 308 Route 2, South Hero, VT 05486’ by CedarLedge Builder v. Plan titled ‘ Site Plan, Remedies Whole Healthy Pharmacy, 308 Route 2, South Hero, VT 05486’ by CedarLedge Builders. Plan A2/001, dated 2/17/2014 s. Plan A1/001, dated 2/17/2014
- Jay Buermann testified that Godwin Real Estate, LLC had purchased the property as of March 19, 2014.
- Jay Buermann described the project as a small non-compounding pharmacy, a small retail space, kitchen for off-site catering and juice bar, exercise space and office. There are proposed to be 11 parking spaces out back where parking exists today. The large storage shed in the back will be removed. A smaller shed (estimated size of 8’X16′) in the middle of the back yard will remain. The existing sign structure will be used for a sign. There will be no parking in the front of the building. There may be bike racks in the front.
- Jay Buermann said the VTrans had no issue with using the existing curb cut.
- Jay Buermann said that he has a verbal agreement with ANR on the existing septic and water. He expects to have a permit in hand by March 30. The water will be provided by Fire District #4.
- It is anticipated that there will be a 40% drop in space occupied by buildings when the large storage shed is removed. The previous owners are responsible for removing all of their personal effects from the property which includes this storage building.
- There is a proposed wheel chair ramp which is not shown on the plans submitted.
- Lighting will be downward directed and on during business hours. After business hours, the light on the north side of the building and on the porches will be activated by motion detector. There will be a light at the north end of the parking lot on the back and front porches, north wall of the building and on the sign.
- Michelle Godwin said that her vision was to provide a variety of healthy options such as a juice and smoothie bar, yoga studio, massage and/ acupuncture space, space for classes on health subjects, catering of soups, salads, etc. She wants to have a bike friendly business with bike racks in the front of the building. She would like to be able to use one of the doors on the front porch as an entrance. Retail products would be health and fitness products.
- Michelle Godwin said that she will be working to make the outside more presentable, although she did not have any specific plans. She did state that she would be putting flowers at the base of the sign and flower boxes in the front. Perhaps also some low shrubs in front as well. There may be a small garden in the back.
- The pharmacy will carry pre-packaged medicine which will involve counting and measuring out quantities, but not doing any compounding of medications. The windows currently in the area that will be the pharmacy will be locked down and cabinets build in front of them. It will appear as if there are windows there, but they will not provide egress. The pharmacy will be locked and monitored with alarms during the non-business hours.
- The yoga studio would be large enough for 6-8 people per class. It would probably be active in the evening and weekends.
- The massage/acupuncture would have 1 client at a time and would be during the daytime.
- Operation hours are planned for 7 a.m. to 10:30 p.m. 7 days a week. Peak hours and traffic estimates are on the plan titled ‘ Site Plan, Remedies Pharmacy, LLC, Godwin Real Estate LLC’ by Buermann Engineering, LLC. Project number 644, dated 2/17/2014
- There are plans for picnic tables on the back porch and perhaps in the back area.
- Michelle Godwin asked that this Conditional Use permit override all previous conditions. The conditions in this permit would be the only ones in place for the property.
- The existing sign structure would be used for a sign that is no bigger than 40 square feet. Pharmacy regulation requires that there be a sign in the window, which will not be greater than 20 square feet. Michelle was told that sandwich boards are not allowed and that flags, such as an ‘open’ flag, count as part of the total free standing signage allotment.
- The kitchen is small. Michelle is waiting on the Health permit to determine if there will be 3 seats inside at the juice bar. There will be no public restroom, which may gate whether there is any inside seating.
- It is expected that there would be a maximum of about 10 people or less in the building at any time. The rest room, which is on the second floor, will be for employees and attendees at classes only.
- The parking spaces are configured as 9’X18′. It is possible to get more width, but in order to get more length some trees and shrubs would have to be removed. They would like not to have to do this.
- Steve Nedde asked about what the scope of the cleanup would be in the back after the large storage shed was removed. Under the snow, there is an area which contains broken bottles and other rubble.
- Jessica McAllister said that it would be cleaned up and aesthetically pleasing as Michelle Godwin had a very good person working on those tasks.
- Tim Maxham read Section 303 of the Zoning Regulations so that everyone would know what the Zoning Board would be addressing. He stated that the conditions would run with the land. Thus the Board would be looking at which of the current conditions would be continued and which might be eliminated.
8: 45 p.m. Board Business:
A) Board members in attendance
- P. Delano, J. Baker, T. Maxham, A. Rabow (alternate), G. Hobbs, S. Nedde
- C. Perry, G. Rice – absent
B) All other active participants in the meeting
- Zoning Administrator – M. Cypes
- Gwen Hobbs and Steve Nedde joined the Board at 8:25 p.m.
- Motion made to accept the February 19, 2014 minutes as written was made by Steve Nedde, seconded by Gwen Hobbs. All so voted to approve..
- Motion by Paula Delano to close the meeting at 8:30 p.m. and go into deliberative session, seconded by Jim Baker. All so voted to approve.
- Minutes of the February 19, 2014 meeting were reviewed.
Tim Maxham, Chair Paula Delano, Clerk