Minutes

Chelsea, Vermont, Development Review Board

Meeting Minutes July 8, 2026

Members Present: Johanna Welch (Chair), Charles Peel, Patty Swahn (Clerk), Jen Chase, Carrie Caouette-De Lallo (Alternate and Selectboard Liaison)

Others Present: Kyle Hansen (Zoning Administrator), Sarah Buxton, Jessica Allen, Brett Murphy and Sarah Cloud

Johanna opened the hearing at 6:35 pm. The hearing began with a reading of the notice as posted and published. No conflicts of interest or ex-parte conversations were disclosed. Johanna reviewed the definition of interested parties, explained the hearing process and swore in attendees. The DRB moved directly to the only agenda item.

Application ZP26-06: 331 Vermont Route 110, Chelsea, Vermont for Brookhaven Home for Boys, Inc. Appeals of Notice of Zoning Violation regarding a solid foundation and the floodplain not matching plans approved under ZP24-09.

Zoning administrator Kyle Hansen started by explaining why the Notice of Violation was issued to Brookhaven; specifically, the building foundation which has been constructed does not match the building as described in the permit application on file or the conditional permit issued after the DRB hearing on July 17, 2024. The building described was a 40’ x 80’ building on a foundation consisting of 47 piers which would allow water to flow underneath the structure in the event of a flood. The current building foundation is solid concrete. Additionally, no hydrologic and hydrostatic testing documentation was submitted to confirm the building will not raise base flood elevation for the community. Kyle first reached out to Brookhaven on December 12, 2025 explaining the discrepancy. At that time, Brookhaven planned to submit a new application for the building as constructed, but as of May 1, 2026 not all the necessary documentation had been submitted, the application was deemed administratively incomplete, and the Notice of Violation was issued.

Sarah Buxton, Brookhaven’s attorney, explained Brookhaven had understood the condition for no new fill on the Decision from the July 2024 hearing meant they could not use the pier foundation as the fill was a structural component. Further, after consulting with their contractor, Brookhaven had submitted the updated plans to switch to a solid concrete foundation to the prior Zoning Administrator before the original permit was issued. Emails between the prior Zoning Administrator and Brookhaven administration were provided which confirm this. She also explained that the Notice of Violation issued was statutorily deficient because it was for the newly opened permit application from December 2025 and not the original permit ZP24-09 from November 2024 and failed to cite provisions of the ordinance violated. Also, if the DRB does not overturn the Notice of Violation, Brookhaven plans to appeal to Environmental Court.

Charles Peel explained the permit states that the building constructed must meet the building description on the permit application on file and this building does not. Additionally, a condition of the Decision required a registered professional engineer certify the building design and construction. The certification provided by James Baker only states that the structure is built above the base flood elevation; it does not speak to its hydrologic impact on surrounding flood conditions. This is a non-compliant structure sitting in a designated flood hazard area which jeopardizes the town’s participation in the National Flood Insurance Program (NFIP). Sarah Buxton stated she understood and agreed, but the permit was issued after Brookhaven submitted the updated plans to the Zoning Administrator so Brookhaven is not responsible for the oversights on the part of the prior Zoning Administrator. Sarah also argues that the original Decision did not require a hydrostatic and hydrologic test. Brookhaven has since looked into having this test done, but it will cost $5500. If the town wants to pay for the testing, they can move forward with it.

Kyle Hansen stated in his experience with DRB boards, a written decision approves the specific plans presented during the hearing. The condition stating no new fill still constituted approval of the open-pier design, just without the gravel infill. Any change to the foundation type automatically requires a return to the DRB for a new hearing. While it might not have been written explicitly as a condition, it is a foundational principle of zoning administration.

Johanna asked for a motion to close the public hearing and enter into private deliberation. Chuck Peel made the motion and Jen Chase seconded. The hearing was closed at 7:55 PM.

Deliberation:

At 7:55 PM the Board held a deliberative session, which ended at 8:15 PM.

Chelsea, Vermont, Development Review Board

Meeting Minutes March 18, 2026

Members Present: Johanna Welch (Chair), Ed Kuban (Vice-Chair), Patty Swahn (Clerk), Chuck Peel, Jennifer Chase

Others Present: Carrie Caouette-De Lallo (Selectboard Liaison)

Johanna opened the meeting at 6:30 pm. The organizational meeting began with a recap of general procedures, a reminder that the zoning bylaws were updated, and a brief discussion of changes to the bylaws and how they may impact development review.

Chair Selection: The DRB unanimously voted to re-elect Johanna Welch to be its Chair.

Vice-Chair Selection: The DRB unanimously voted to re-elect Ed Kuban to be its Vice-Chair.

Clerk Selection: The DRB unanimously voted to elect Patty Swahn to be its Clerk and acknowledged that this role will primarily be performed by the Zoning Administrator.

Meeting Times: The DRB unanimously voted to hold meetings on the second and fourth Wednesdays of each month at 6:30 PM as needed.

The meeting was adjourned around 7:00 pm

Submitted by,

Patty Swahn, DRB Clerk

Chelsea, Vermont, Development Review Board

Meeting Minutes August 6, 2025

Members Present: Johanna Welch (Chair), Charles Peel, Patty Swahn, Ed Kuban

Others Present: Mark Vermette and Brenda Vermette (Property Owners), Barbara Chambers (Abutting Property Owner), Tierney Farago (Interim DRB Secretary, Town Administrator)

Johanna opened the meeting at 6:30 pm.  The hearing began with a reading of the notice as posted and published. No conflicts of interest or ex-parte conversations were disclosed. Johanna reviewed the definition of interested parties and explained the hearing process and swore in attendees. The DRB moved directly to the first agenda item.

Application #ZP25-14 by Mark and Brenda Vermette for a waiver of setbacks to reduce the required side setbacks and a variance for building in the flood hazard area to construct an accessory structure.  The property is located in the Village District at 264 VT Rte 110 (Parcel #110-034.000).

Mark and Brenda began by explaining that their project will be a 10×16 ft lofted barn with two windows, double doors, with a metal roof. The structure will be to store tires, furniture, toolboxes, and other items. This structure will not have heating or plumbing but Mark mentioned they may run an extension cord to the shed. It will be 14 ft from the edge of the stream, as their small property does not allow for much variation for the setbacks. They mentioned that it would be in front of where they park their cars, next to their deck. They attested that they have not had issues with flooding in the past, as the property sits higher than some other properties.

Barbara Chambers: Asked about what type of structure it would be and where on the property it would be set. Her questions were answered when Mark explained the use of the storage shed.  

Johanna Welch made a motion to close the hearing at 6:56pm, Charles Peel seconded the motion and the hearing was closed at 6:56pm.

Deliberation:

At 6:57pm the Board held a deliberative session, which ended at 7:30 pm.

Submitted by,

Tierney Farago, Interim DRB Clerk

Chelsea, Vermont, Development Review Board
Meeting Minutes December 18, 2024
Members Present: Johanna Welch (Chair), Ed Kuban, Charles Peel
Others Present: Josef Cox, Melissa Cox, Cynthia Masterman (by phone),, Mary Ellen Parkman
(ZA)

Johanna opened the meeting at 6:00 pm. The hearing began with a reading of the notice as
posted and published. No conflicts of interest or ex-parte conversations were disclosed. Johanna
reviewed the definition of interested parties and explained the hearing process and swore in
attendees. The DRB moved directly to the first agenda item.
Conditional Use Review of Application #ZP24-21 by (Diane) Melissa Cox and Josef Cox to change
the use of an existing accessory structure to a retail shop. This property is located in the Village
District at 282 VT Route 110 (Parcel#010-047.000).

Johanna invited the applicant to review their application and plans. Melissa explained that she had
grow up in Chelsea and they were back part time splitting their time between Chelsea and the Cape.
She has own several retail business and now wants to convert an existing 12’x20’ existing accessory
structure on her property into a retail shop that sells a mix of old and new with a French flair. The
shop would sell an assortment of things including french soaps, lavender, and jewelry.
It is anticipated that the business hours will be 11-4 on Thursdays, Fridays and Saturdays. The building
already has electricity and there is no plan to add heat. It will be a seasonal business.

Johannas asked about lighting and signage, would there be water or sewer? The plan is to use a
temporary sandwich board to announce the shop and hang a flag. The ZA added that any sign
mounted on the building or a post at the entry would require a Zoning Permit. They may add a light
over the doorway that will be downward facing. There is no plan to add water or sewer.
Cynthia Masterman participated as an interested person via. telephone and stated that she is
concerned that the application mentions 4 parking spaces at the side of the driveway. Her property
borders the driveway and currently the construction workers have recently parked beyond the
driveway on her property.

Melissa and Josef were quick to respond that they understood the concern. They modified their
application to read 2 parking spaces near the building and four parking spaces along Route 110. They
don’t expect more than a couple of cars at a time.
Charles made a motion to close the hearing, Patty seconded the motion and the hearing was
closed at 6:20pm.

Deliberation:
At 6:20 the Board went into deliberation. Based on the application and information as presented,
the DRB unanimously voted to approve application ZP#24-21 provided parking be limited to 2
parking spaces near the store building and on-street parking.

The DRB meeting ended at 6:35 pm.

Submitted by,
Mary Ellen Parkman
DRB Clerk