DRB Meeting 4-23-26

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2026 0423 DRB Draft Minutes 400 KB

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 TOWN OF SWANTON

DRAFT MINUTES

DEVELOPMENT REVIEW BOARD (DRB)

TOWN OFFICE BUILDING

One Academy Street

Swanton, VT 05488

In Person & By ZOOM

Thursday, April 23, 2026 @ 6:00 p.m.

Present: Spencer LaBarge-Chair, Reg Beliveau Jr., Jim Pratt, Jennier Yandow, Kiersten Bourgeois-Members, Amy Giroux-Zoning Administrator, Christina Candels-Assistant Town Administrator, Amy Cross, Kevin Cross, Brendan Long, Nathan Hill, Joel Clark, Shayne Parah, Robert Simard

Zoom: David Horton

1. Call to Order

Mr. LaBarge called the meeting to order at 6:00 pm.

2. Agenda Review

Mr. LaBarge reviewed the agenda, read the definition of interested persons and swore in applicants, community members and board members.

Mr. LaBarge verified no conflicts of interest with any board members.

3. Meeting Topics

DRB-08-2026: Joel Clark

DRB-09-2026:Shayne Parah

DRB-10-2026: Bob Simard Construction

1. DRB-08-2026: Joel Clark request for variance approval for the side setback to build a deck located at 296 Maquam Shore Road in the SL/Shoreland district.

Mr. Clark came before the board to share his plans. Mr. Clark said he came before the board two years ago to build his garage and that is completed. Mr. Clark would now like to replace the existing deck on the side of his home. While replacing the deck he would like to extend it to bring it inline with the corner of the house, then put in a triangle piece connecting the two. The existing deck is 9’ from the property line. The deck will not cause it to be any more nonconforming than it is already.

Mr. Clark has an email from the State stating they have no issues with the project. 

2. DRB-09-2026:Shayne Parah request for variance approval for the front setback to build an addition to a single-family dwelling located at 125 Bushey Road in the R1/Rural district.

Mr. Parah came before the board to share his plans to build a two-story addition to the front of his house. This variance would allow the addition to be in line with the front of the garage.

Mr. Parah does not intend to build the addition until next year.

3. DRB-10-2026: Bob Simard Construction request for sketch plan approval for a 3-lot subdivision located at 42 Penell Road in the R1/Rural district.

Mr. Simard came before the board to share his plans for a 3-lot subdivision.

Ms. Giroux gave each board member a copy of the HOA agreement for the Harvest Lane development that this property is a part of.

Mr. LaBarge read a line that stated no lots can be farther subdivided after the execution on the HOA. Mr. Simard was not aware of that. The development was done as PUD with small lots.

Mr. Pratt explained the mylar that shows the land that was originally stipulated to be part of the common land for the development.

Mr. Simard said the common land was for Harvest Lane and the rest went with the existing home.

Mr. Simard said before he purchased the land he shared, he did not want that common land and pay taxes on it. Mr. Simard thought the 10-acres came out that was required.

Mr. Pratt said it was originally approved differently than his map shows. The common land was supposed to be separate not all of the land with the house.

Mr. LaBarge asked Mr. Simard exactly what his intentions are for the Lots.

Mr. Simard has received a building permit to rebuild the existing home, with the intention to subdivide land to go with the house. Mr. Simard would also like to subdivide a lot to sell separately. Mr. Simard would like to take the 7-acres and split it into 3-parcels.

One with the house, one to sell for a shop to be built on and keep the remaining land for hunting.

Mr. Pratt said the original subdivision was approved with the lots and the common land. The common land was never mapped out separately.

Mr. Simard bought the land with the old house in March of 2025, and the common land was not deeded to the HOA. Mr. Simard did not want the additional land to pay taxes on that he cannot use.

Mr. Pratt had copies of the meetings when the development was approved form 2013-2014, the land was not conveyed separately to the HOA like it should have been.

Mr. Beliveau asked if the minutes stipulated the acreage for the development? Yes.

Ms. Yandow verified the bylaws of the HOA; the Town has no say in them. Correct.

Mr. Pratt said they also did not know that the house was part of the Harvest Lane PUD project.

Mr. Simard was not aware that being part of the PUD was an issue.

Mr. LaBarge allowed questions from the public.

Mr. Long is a resident of the development and asked if the board was aware of the amendment to the property/HOA from February 2025? Mr. Long gave everyone a copy of that amendment that is part of the deed. This amendment clearly stated that parcels are part of the development. This was the additional language added before Mr. Simard purchased the property.

Mr. Long said the bylaws state only a single-family home is allowed to be built.

Ms. Cross abuts the land Mr. Simard would like to subdivide, the amendment Mr. Long shared was done before Mr. Simard purchased the property. That was them agreeing the existing home/property can be added to the subdivision/HOA. This would allow the home to be connected to the community sewer if needed. Mr. Simard purchased the property in March of 2025 after the amendments.

Ms. Cross said the HOA document was originally drafted prior to any of the homes built, but the language is in his deed. 

Mr. Cross said there is no official HOA established, they have not established a checking account or held any meetings. These documents came with the deeds of their homes.

Mr. LaBarge asked the audience if they could live with the development of the lots? Ms. Yandow said it is not a lot of developing. It is cleaning up a existing home and building a structure for a concrete company to use.

Mr. Simard said you cannot do a lot of development with no utilities.

Mr. Cross said there only issue they have is a commercial business behind their home. When they purchased the home, they bought it because of the views of the country. Mr. Simard said it would not be behind their home because of the wetland buffer.

Mr. Simard said he lives near the property and does not want a mess in the neighborhood and lesson his property value either. 

Mr. Long said the concern is that they were told the land would be protected open space and the view developing that would decrease the value of the homes.

Ms. Bourgeois clarified the homeowners inherited this HOA? Yes.

Ms. Yandow said she owns a home with farmland surrounding it, and she has no control over what the owners do with that property.

Ms. Cross said if this is approved, they would be going against an approved HOA.

Ms. Yandow reiterated they have no authority over HOA guidelines only what can be done with the land. HOA’s can be changed as a legal document with an attorney.

4. Minutes DRB March 26, 2026

Ms. Bourgeois made a motion to approve the DRB meeting minutes of March 26, 2026, as written, seconded by Mr. Pratt. Motion carried.

5. Any Other Necessary Business

None

6. Public Comment

None

7. Next DRB Meeting Date May 28, 2026

8. Executive Session to review applications

Ms. Yandow made a motion to enter executive session at 6:47 pm, seconded by Mr. Pratt. Motion carried.

Mr. Pratt made a motion to exit executive session at 7:37 pm, seconded by Ms. Bourgeois. Motion carried.

Actions Taken:

1. Mr. Beliveau made a motion for DRB-08-2026: Joel Clark request for variance approval for the side setback to build a deck located at 296 Maquam Shore Road in the SL/Shoreland district be APPROVED AS WARNED, this will not increase the nonconformity of the property, seconded by Ms. Bourgeois. Motion carried.

2. Ms. Yandow made a motion for DRB-09-2026: Shayne Parah request for variance approval for the front setback to build an addition to a single-family dwelling located at 125 Bushey Road in the R1/Rural district be APPROVED AS WARNED, this will be in alignment with the current frontage, seconded by Mr. Pratt. Motion carried.

3. Mr. LaBarge made a motion for DRB-10-2026: Bob Simard Construction request for sketch plan approval for a 3-lot subdivision located at 42 Penell Road in the R1/Rural district be APPROVED AS WARNED, seconded by Ms. Yandow. No Iyes, all board members voted Nay. Petition DENIED because it is warned as a sketch plan that does not meet the PUD standard. This property is part of existing PUD.

1. Adjournment

Mr. Beliveau made a motion to adjourn at 7:39 pm, seconded by Mr. Pratt. Motion carried.

Respectfully Submitted by

Christina Candels-Assistant Town Administrator