The Simkos purchased a 167-acre parcel of land on the south side of the
East Warren Road in 1998 and built their home on one piece of the land,
subdividing the other piece, which included the barn, into a separate
lot.
CHICKEN COOP
Heavy snow loads collapsed a chicken coop attached to the barn and the
roof collapsed two years ago, Doreen Simko told the DRB.
"We took the insurance money and decided to fix the barn," she said.
With a contractor, they moved the barn off its foundation, built a
foundation, installed a new septic system, and built a new high
drive/entrance. The new basement was built to give Jack Simko a place to
construct sets for the Green Mountain Opera Festival. Those sets are
currently built in the basement of the Simko home.
The Simkos restored and rebuilt the Joslyn Round Barn as well as the
adjoining Inn at the Round Barn and, with their daughter AnneMarie
DeFreest, run that inn, host weddings on premises, host a variety of
events for the Green Mountain Opera Festival and host other cultural and
community activities.
OPERA EVENTS
Their proposal to use the Neill barn for some opera events and other
activities drew many of their neighbors to this week's hearing including
several with strong opposition to the current proposal. While many
neighbors were present, the DRB also received written comments from a
half dozen adjoiners and nearby landowners.
Jill Burley, who lives in the white farmhouse almost directly across
from the barn, said she had serious concerns about the proposal, in
particular the proposed parking location and the impact of the project
on the character of the area.
"This activity is directly outside of my house," Burley said.
HISTORIC BARN
Brian Shupe, chair of the DRB, explained that the project had to be
reviewed under four sections of the zoning ordinance: surface water
protection, the scenic status of the East Warren Road, the adaptive
re-use of a historic barn and the existing subdivision
regulations/conditions that run with the property.
The Simkos proposed using their current driveway to access the proposed
parking area to the east and south of the barn. To do so they proposed
extending a culvert that runs under the road, channeling water from the
field on the opposite side of the road. After extending the culvert, the
Simkos proposed bringing in enough fill to make the field almost level
with the driveway.
ZONING ORDINANCE
Extending the culvert, Shupe said, runs afoul of a provision of the
zoning ordinance that prohibits "development, excavation, landfill or
grading" on land adjacent to a stream. As proposed, the project does not
meet stream setback regulations. Waitsfield's zoning does not
specifically define "stream," so the question of whether the drainage is
a stream or swale needs to be determined. Right now, the water that
comes under the road and runs through the field just uphill from the
barn shows up on Waitsfield's town maps as a stream.
Shupe also said that the town had to determine whether the work done on
the barn and the proposed uses met the definitions for adaptive re-use
of a historic structure. The barn was built in 1932 and the town zoning
ordinance includes a section that encourages property owners to rebuild
(to historic standards) existing barns and continue using them for a
variety of purposes including weddings, home occupations, cultural
facilities, etc.
SCENIC ROAD
The Mad River Valley Planning District, a planning body for Waitsfield,
Warren and Fayston, has what is known as a Certified Local Government
(CLG). One of the tasks of the CLG is to help determine what projects
meet historic preservation standards. The CLG is meeting next week and
has been asked to weigh in on this project.
"The East Warren Road is considered a scenic road and our review of the
project has to consider the specific standards for scenic roads. There
can be no loss of the physical features that define the scenic nature of
the road. We've heard neighbors' concerns about the character of the
area, about the impact of noise and lighting, landscaping, parking and
pedestrian circulation," Shupe added.
LIMIT USE
Doreen Simko and AnneMarie DeFreest said the proposed use of the barn
would only be during warmer months as the barn has no heating. They
explained that noise from the opera rehearsals would not be amplified
and that there would be no amplification of music at wedding rehearsal
dinners and any other community events. They also explained that they
would not be averse to conditions being placed on a permit that limited
the size of number of special events held at the barn.
The DRB also discussed the issue of the new high drive for the barn
being built without a permit and the new septic system being built
without a state permit and/or Act 250 amendment. Doreen Simko said she
was pursuing both permits.
The DRB asked the Simkos to review and revise their parking plan as it
was unlikely it would meet local or state regulations and will also have
a site visit to listen to volume levels of opera played on a stereo,
look at egress from the barn and review other aspects of the site. The
hearing was recessed until the DRB's April 13 meeting.
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