April 16, 2014, PC Meeting Minutes

May 8, 2014


 Planning Commission

 April 16, 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, Hank Buermann, Bob Buermann, Ruby Willis, Robert Willis and Tim Maxham (7:15).


7:00PM: Call to order for the Planning Commission by Jonathan Shaw.


7:07PM: A motion to accept the Minutes for April 2, 2014 with corrections was made by Terry Delano, seconded by Sandy Gregg, and approved unanimously.


7:07PM: BL043-14-01PC, The Buermann Family Limited Partnership, Final Subdivision Application to create 2 new lots with remaining land at 43 Buermann Lane.Jonathan Shaw read the hearing notice.


Jay Buermann and all the members of the Public in attendance at 7:08PM were sworn in. Jay Buermann provided the Planning Commission with copies of an updated Property Plan and an updated Cottage Area Plan and then testified the following:

  • The goal of the subdivision is to dissolve the existing partnership and not for development.
  • That the existing 72-acre property has 3 existing seasonal residences.
  • Proposed 40-acre Lot #1 includes the 3 existing seasonal residences, shed and pump station.
  • Proposed Lot #2 has a boat house, which is permissible by the State as a primitive camp, and is therefore exempt from requiring a State water and wastewater permit.
  • Proposed Lot #3 is an undeveloped 2.13-acre property.
  • He stated the landowner’s intension to create 2 deferred lots, Lots #2 and #3, with no proposed development. He provided a copy to the Commission of the Notice of Permit requirements from the State water and wastewater regulations. In the notice is language used to regulate such lots and a statement, which is required to be placed on the deferred lots’ property deed.


Jay Buermann stated to the Commission that he placed the items that are placed on the final plat then removed on the Mylar on to his supplemental plans. Hearing no objection and with the Planning Commission, Jay Buermann reviewed the check list in Section 706 to demonstrate that the application is complete per the following:

  • He showed locations for the required items.
  • He noted an issue from the Staff report regarding the survey boundary on the Plat.
  • The contours were not shown since there is no areas were the proposed change of grade is greater than 2-feet.
  • He requested a waiver to not show existing contours and a detailed vicinity map.
  • He placed existing natural features on the property plan from information from the Vermont environmental natural resource locator, and not from a survey.
  • He noted that there are several trails on the property and 2 stormwater culverts on Buermann Lane that were not located nor shown on the plans.
  • The only covenant involves the access from Buermann Lane to the Willis property, which will also be proposed to serve Lot #3.


Hearing no concerns regarding the completeness of the application, Jay Buermann addressed the Staff comments and that these comments address the changes provided in the new plans as follows:

  • Waste water permit 6-2754 was approved. Staff noted the Town received the permit after the submission of the Staff report. Jay Buermann stated that the State sometimes approves the full design capacity of the system and sometime only approved the proposed allocated use.       In this situation the State approved the system, recognized its capacity, but only approved the proposed allocated use, which is for the existing seasonal residences.
  • Regarding the existing 60-foot easement, the differences between the way the plans and the plat show the easement were discussed. Jay Buermann explained that instead of having the easement defined with meets and bounds, their intent is to have the easement linked to the centerline of the road and is intended to move with the road as the centerline of the road moves. It was suggested by the Commission to add a note to allow mutual changes to the road and easement.
  • Regarding the hammerhead, Jay Buermann showed on the Cottage Plan, sheet #2, a hammerhead turn designed to accommodate the largest fire vehicle that exists in the South Hero Fire Department. He showed a 30-foot access easement to benefit Lot #2 has been added. He proposed placing this easement to satisfy this requirement on the final plat if the Planning Commission agrees that this satisfies the requirements. He said that the hammerhead is only serving Lot #1 where it is located and would not need an easement for itself.
  • Regarding not showing exact distances and monument locations, the surveyor wants to be able to place and finalize the location of the monuments and final bearing and distance before placing these on the plat.       Jay Buermann stated that this could be a condition of approval for the final Mylar.


The Planning Commission reviewed the standards found in Sections 504 and 707 and did not raise any concerns. The Planning Commission and Jay Buermann reviewed the proposed conditions as correct the spelling of Kibbe, adding the 30-foot easement benefitting proposed Lot #2, more precise dimensions on the property lines, placing the additional monuments not shown, clarifying the notes so the proposed 60-foot right-of-way is centered on Buermann Lane and correct the note on the plat labeling the 95.5-foot elevation line as the mean water level. Sandra O’Flaherty agreed to work on the decision.


Public Comment: Bob Buermann and Robert Willis expressed their support of the project.


7:43PM: A motion to accept the application as complete was made by Sandra O’Flaherty, seconded by Terry Delano, and approved unanimously.


7:44PM: A motion was made to close the hearing for deliberative session, by Terry Delano, seconded by Sandy Gregg, and approved unanimously.


Bob Buermann provided a regional planning update. He stated that NRPC is updating its regional plan, which will include adding 3 sections as required by State regulation. Updating the Town Plan was discussed. Staff mentioned that he has had a conversation with Bethany Remmers of NRPC to meet regarding updating the data included in the Town Plan. The Commission discussed working on the Town Plan at the May 21st meeting. Terry Delano stated he wished to update the prologue portion of the Town Plan.


The Planning Commission deliberated site plan application RT308-14-43B for Remedies Pharmacy LLC/Godwin Real Estate LLC.


8:03PM: A motion to adjourn the meeting was made by Terry Delano, seconded by Sandy Gregg, and approved unanimously.


Respectfully submitted by Mitchel Cypes, Administrative Officer.




For Planning Commission

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