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Fayston DRB hears after-the-fact request to permit development on slopes over 15%
Summary
The Fayston Development Review Board considered Application #3951, an after-the-fact conditional use application to allow construction on slopes exceeding 15% (and some areas over 25%). The board found the application complete, heard testimony about remediation and an erosion-control plan, and closed the hearing for deliberation; no final approval was recorded at the meeting.
The Fayston Development Review Board on July 1 reviewed Application #3951 (Bachleda), an after-the-fact request to permit construction on slopes greater than 15 percent, with some areas reaching 25 percent. George McCain of McCain Consulting presented materials including a slope analysis, erosion-control details, and updated regrading and landscaping plans; he said patio form work and frost walls have been installed but work on the new leach field has not yet begun.
Board members asked technical and procedural questions. Ky Koitzsch noted that some property lines were not fully visible on the submitted plan, and Beth Eisenhower asked whether the proposed leach field had town approval; George McCain said it was "permitted through the State, but not the Town," and the applicants are seeking DRB action to proceed. Jim Donkersloot pressed for the species in the landscape plan; Chad Forcier of Cushman outlined tree species chosen to stabilize disturbed slopes. Zoning Administrator Jason Wilson clarified that the original zoning permit showed reconstruction within the prior house footprint and did not include limits of disturbance, which contributed to the omission.
Applicants characterized the filing as remedial. Milford Cushman, representing the builder, said, "We should have known to apply for an additional zoning permit and we take responsibility for this," and stated construction was halted when the need for DRB review was recognized. Board member Eve Silverman asked why the applicant believed the work would meet approval standards; McCain said disturbed areas on steeper (25%) slopes would be pulled back and replanted to achieve stabilization.
Procedurally, Beth Eisenhower moved to find the application complete and the motion carried; later she moved to close the public hearing on the application and the board voted to close the hearing and move into deliberation. The record shows the hearing was closed for deliberation but does not record a final vote on the conditional-use request at this meeting. The board adjourned at 7:43 p.m.; the DRB will consider any final action as part of its deliberation process.
