DRB Minutes May 23, 2017

Town of Fairlee Development Review Board Approved Minutes
Town of Fairlee Library
Fairlee, Vermont 05045

Tuesday May 23, 2017

CALL TO ORDER: Chair David Fracht called the meeting to order at 7:01pm.
  • David Fracht, Nancy Anderson, William Dunnack, Peter Lange, Tim Danen
  • MINUTES CLERK: Stephanie A. Taylor
  • VISITORS: Jan Perry, Jim Pembank (sp.?), Todd Perry, Harry J. Burgess, Robert O’Leary, John Hessler

MOTION: Peter Lange/Nancy Anderson (moved and seconded) made a motion to approve the minutes of April 11, 2017 with corrections. The motion passed unanimously.

ZONING ADMINISTRATOR REPORT: Chris Brimmer informed the DRB members that he is working on several zoning violations.

David Fracht informed the DRB members about the recent discussion he had with the Town of Fairlee Selectboard on May 22, 2017. The results of the meeting were positive. Selectman Frank J. Barrett, Jr. noted that the DRB must remain independent in its role as a quasi-judicial board.

Zoning Administrator Chris Brimmer announced that the Vermont League of Cities and Towns has scheduled a spring planning and zoning training workshop for volunteers and staff of local boards. The deadline for registration is June 7, 2017.


Site Plan Approval – Tigerstyle LLC

At 7:15pm Development Review Board Chair David Fracht opened the public hearing and swore in John Hessler, General Manager of Samurai Soul Food restaurant.

Mr. Hessler presented the plan for seasonal outdoor seating for the restaurant located at 176 Route 5 North.

As per a memorandum from the Town of Fairlee Selectboard the DRB shall review the design details of the outdoor seating area and decide whether to approve the proposal. The 14 x 21 foot area (up to 20 x 25 feet) would add 20 more seats to the 35-seat restaurant. There will be canned beer and food served in the area.

Mr. Hessler has contacted the liquor control representative in Bradford, VT. The Town of Fairlee has issued an outside liquor consumption permit. There will be signage displayed with the message “No alcohol beyond this point.” An arbor rather than a gate will provide the entrance to the area. An employee will be posted at the entrance later in the evening.

The dumpster will be moved between parking spaces 9 and 10. As per the Vermont Dark Skies regulations exterior lighting will use full cutoff fixtures. Adequate parking is available on site and along Route 5.


Lot line adjustment Janice Perry

Chair David Fracht swore in agent Harry Burgess. Mr. Burgess presented the plan for both lots on behalf of the landowner. They are located at 155 U.S. Route 5 North and 55 School Street. The back part of Lot 81 will be added to Lot 80.

There are no setback issues associated with the lot line adjustment. Both lots are served by public water.

Chair David Fracht closed the public hearing at 8:00pm.


The DRB members continued discussion of the Development Review Board’s Procedural and Ethics Rules with Zoning Administrator Chris Brimmer. New text was added to the document.

MOTION: William Dunnack/Tim Danen (moved and seconded) made a motion to delete Section 10-B and replace with new text (noted in red.)

MOTION: Peter Lange/Tim Danen (moved and seconded) made a motion to delete Paragraph M – Section 10 from the Procedural Rules – Ethics Code.


MOTION: Peter Lange/Nancy Anderson (moved and seconded) made a motion to go into Deliberative Session.

The board moved into Deliberative Session at 8:04pm.

MOTION:  David Fracht/Peter Lange (moved and seconded) to come out of Deliberative Session at 8:14pm.

The Town of Fairlee Development Review Board came out of deliberative session at 8:14pm.

MOTION: William Dunnack/Nancy Anderson (moved and seconded) made a motion to approve as submitted application 17-SUB-01. The motion passed unanimously.

MOTION: Tim Danen/Peter Lange (moved and seconded) to accept application 17-S-02 as submitted with conditions of compliant lighting. The motion passed unanimously.

Zoning Administrator Chris Brimmer will circulate a draft of the written decisions on Wednesday May 24, 2017. The final decision will be available for signature in his office within a few weeks.


MOTION: William Dunnack/Nancy Anderson (moved and seconded) made a motion to adjourn at 8:17pm. Members present: David Fracht, Nancy Anderson, William Dunnack, Tim Danen and Peter Lange voted in favor.


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