Minutes

Agendas - Board of Civil Authority/Board of Abatements

Agendas - Cemetery Commission

Agendas - Development Review Board

Agendas - Ethics Committee

Agendas - Historic Preservation & Design Review Commission

Agendas - Natural Resources & Conservation Committee

Agendas - Parks & Recreation Committee

Agendas - Pierson Library Building Steering Committee

Agendas - Pierson Library Trustees Meeting

Agendas - Planning Commission

Agendas -Shelburne Pedestrian and Bicycle Path Committee

Agendas - Selectboard Agendas

Agendas - Social Services Committee

Agendas - Tree Advisory Committee

Agendas - Veterans' Monument Committee

Agendas - Village Dog Park Committee

Agendas - Water Commission

Minutes - Board of Civil Authority/Abatement

Minutes - Cemetery Commission

Minutes - Development Review Board/Zoning Board of Adjustment

Zoning Board of Adjustment Minutes - 2002

Zoning Board of Adjustment Minutes - 2003

Zoning Board of Adjustment Minutes - 2004

Zoning Board of Adjustment Minutes - 2005

Zoning Board of Adjustment Minutes - 2006

Zoning Board of Adjustment Minutes - Jan - Sep 2007

Development Review Board Minutes - Sep 2007/2008

Development Review Board Minutes - 2009

Development Review Board Meeting Minutes - 2010

Development Review Board Meeting Minutes - 2011

Development Review Board Minutes - 2012

Development Review Board Minutes - 2013

Development Review Board Minutes - 2014

Minutes - Ethics Committee

Minutes - Historic Preservation & Design Review Commission

Minutes - Natural Resources & Conservation Committee

Minutes - Pierson Library Building Steering Committee

Minutes - Pierson Library Trustee

Minutes - Planning Commission

Minutes - Recreation Committee

Minutes - Selectboard

Minutes - Shelburne Pedestrian and Bicycle Path Committee

Minutes - Social Services Committee

Minutes - Tree Advisory Committee

Minutes - Veterans' Monument Committee

Minutes - Village Dog Park Committee

Minutes - Water Commission
 



minutes

 

MINUTES SUBJECT TO CORRECTION BY THE SHELBURNE DEVELOPMENT REVIEW BOARD. CHANGES, IF ANY, WILL BE RECORDED IN THE MINUTES OF THE NEXT MEETING OF THE BOARD.

 

TOWN OF SHELBURNE

DEVELOPMENT REVIEW BOARD
MINUTES OF MEETING
March 6, 2013
 
MEMBERS PRESENT:      David Conard (Chairman); Mark Sammut, Jeff Pauza, Victor Castro, Peter Keelan.
STAFF PRESENT:              Courtney Synowiec, DRB Administrator.
OTHERS PRESENT:          Mark Hall, Dave Marshall, Valerie Maniscalco, Karen McAndrew, Benjamin Heath, James Bahrenburg, Leslie Wright, William Posey, Erica Richard, Kraig Richard, Dan Morris, Rolf Kielman, Don Appe.
AGENDA:
  1. Call to Order and Announcements
  2. Public Comment
  3. Applications
·         Conditional Use, Modify Noncomplying Structure, 212 Clearwater Road, McAndrew/Allen (CU13-06)
·         Preliminary Plan\Conditional Use, Subdivision & Roadway Upgrade, 75 Northside Drive, James Bahrenburg (SUB08-04R2\CU13-02)
·         Amend Final Plat, As-Built Conditions, 22 Silver Fox Cove, Charles & Valerie Maniscalco (SUB12-06R1)
·         Conditional Use, Seawall, 3735 Harbor Road, Saar (CU11-14R2)
·         Conditional Use, Seawall, 72 Pine Haven Shores, Senior (CU13-03)
·         Conditional Use, Seawall, 6 Pine Haven Shores Lane, Liu (CU13-04)
·         Site Plan\Design Review, Greenhouse, 5555 Shelburne Road, Shelburne Museum (SP13-01\DR13-02)
·         Preliminary Plan, Subdivision, Five Lots, 1240 Webster Road, Posey (SUB00-03R2)
·         Conditional Use, Modify Noncomplying Structure, 4279 Harbor Road, Appe (CU12-08R1)
·         Variance, Setback Relief, 275 Northern Heights Drive, Richard (V13-07)
  1. Approval of Minutes
  2. Consideration of Draft Decisions
  3. Other Business/Correspondence
  4. Adjournment and/or Deliberative Session
 

1.         CALL TO ORDER and ANNOUNCEMENTS
Chairman David Conard called the meeting at 7 PM. There were no announcements.
 
2.         PUBLIC COMMENT
There were no comments from the public at this time.
 
3.         APPLICATIONS
The function of the Development Review Board as a quasi-judicial board and the hearing procedure were explained. Individuals to give testimony before the Board were sworn in.
 
CU13-06: Conditional Use to enlarge a noncomplying structure at 212 Clearwater Road in the Residential Zoning District and Lakeshore and Floodplain & Watercourse Overlay Districts by Karen McAndrew & Frederic Allen
David Conard mentioned that Fred Allen is the father-in-law of one of the partners in his law firm. The DRB concurred recusal is not necessary. Karen McAndrew appeared on behalf of the application.
 
STAFF REPORT
The DRB received a written staff report on the application, dated 2/20/13. Courtney Synowiec explained:
·         The plan is to enclose a three season porch and change the roof line to match the house.
·         The application complies with both the new and old zoning regulations and construction is within the existing footprint.
·         The deck was legally constructed in 1984.
 
APPLICANT COMMENTS
Karen McAndrew stated there is a screened porch on the house now. The decision whether the room will be three-season or simply screened has not yet been settled.
 
PUBLIC COMMENT
There were no comments from the public on the application.
 
DELIBERATION/DECISION
Conditional Use, Modify Noncomplying Structure, 212 Clearwater Road, McAndrew/Allen (CU13-06)
MOTION by Mark Sammut, SECOND by Victor Castro, to direct staff to prepare a decision to indicate approval of CU13-06, conditional use application for an addition to a noncomplying structure within the Lakeshore Overlay District at212 Clearwater Road as depicted on the plans by Perkins Smith Design Build, dated 1/301/3, subject to the following conditions:
1.         A zoning permit shall be obtained prior to the commencement of construction.
2.         Prior to the issuance of a zoning permit the applicant shall submit final floor plans, elevations, volume calculations, and a site plan.
VOTING: unanimous (5-0); motion carried.

SUB08-04R2\CU13-02: Preliminary Plan for further subdivision of a previously approved three lot subdivision to create six residential lots from one lot and one open space lot and Conditional Use to upgrade the roadway at 75 Northside Drive in the Residential District and Stormwater Impaired Watershed and Floodplain & Watercourse Districts by James Bahrenburg
James Bahrenburg appeared on behalf of the application.
 
STAFF REPORT
The DRB received a written staff report on the application, dated 2/20/13. Courtney Synowiec reviewed outstanding issues that were addressed:
·         Two principal structures on a lot are allowed, but the applicant opted to revise the plan so Lot 9 has only one duplex unit rather than two.
·         With regard to fire safety and phased construction, the applicant agreed to construct the entire road upfront. The Fire Chief indicated all the driveways are large enough for turn around by emergency vehicles and fire trucks so there is no concern with phasing.
·         The fence by the Farrell property is shown on the plan. Landscaping will be installed as shown on the plan.
·         There is language in the homeowners association documents regarding the sewer system.
 
David Conard stated the language needs to be clear or a condition of approval should state that town regulations do not provide for the town assuming ownership and maintenance of private sewers unless built to town standards and the proposed sewer system is not built to town standards.
 
APPLICANT COMMENTS
Jim Bahrenburg mentioned each townhouse (formerly called duplex units) will have a garage and a driveway.
 
PUBLIC INPUT
There were no comments from the public on the application.
 
DELIBERATION/DECISION
Preliminary Plan\Conditional Use, Subdivision, 75 Northside Drive, Bahrenburg (SUB08-04R2\CU13-02)
MOTION by Jeff Pauza, SECOND by Victor Castro, to authorize the applicant for SUB08-04R2\CU13-02 to prepare a Final Plan application and consider the following recommendations:
1.  Any Final Plan application shall include roads designed to meet Shelburne’s public work specifications, however, the road does not need to be paved.
2.  Water line and sewer line profiles shall be submitted to the Department of Public Works for review. Public Works staff must approve the applicant’s water line profile before a Final Plan application may be submitted to the Planning and Zoning Office.
3.  Fire flow modeling shall be submitted to the Department of Public Works and Fire Chief for review. Public Works staff must indicate concurrence with the modeling and any recommendations for system improvements before a Final Plan application may be submitted to the Planning and Zoning Office. In the event improvements are required to address project-induced deficiencies, the applicant shall be responsible for defraying the costs of those improvements.
4.  Wastewater system modeling shall be submitted to the Department of Public Works for review. Should the Town require the services of an independent technical expert to review the modeling, the costs shall be absorbed by the applicant. Public Works staff or an independent expert must indicate concurrence with the modeling and any recommendations for system improvements before a Final Plan application may be submitted to the Planning and Zoning office. In the event improvements are required to address project-induced deficiencies, the applicant shall be responsible for defraying the costs of those improvements.
5.  The Final Plat application shall include copies of any proposed Offers of Dedication, deeds, and easements to the Town and a copy of the Certificate of Title showing ownership of all property easements and associated drainage or recreation easements to be dedicated to the Town.
6.  Prior to Final Plat approval the name of the proposed streets shall be confirmed by the Town of Shelburne E-911 Committee.
7.  Any Final Plan application shall include documentation of the applicant’s discussions with the Superintendents of Public Works, Fire Chief, and Police Chief.
8.  Any application for Final Plan approval shall be submitted within six months of this approval.
9.  The application shall include all other required information identified in the Final Plan Checklist contained within the Town of Shelburne Subdivision Procedures and Application.
VOTING: unanimous (5-0); motion carried.
 
SUB12-06R1: Amendment to the Final Plat to reflect as-built conditions at 22 Silver Fox Cove in the Rural Zoning District and Lakeshore and Floodplain & Watercourse Overlay District by Charles and Valerie Maniscalco
Dave Marshall appeared on behalf of the application.
 
STAFF REPORT
The DRB received a written staff report on the application, dated 2/20/13. Courtney Synowiec stated:
·         The application is finalizing changes made in the field and a minor change at the corner of Beach Access Road.
·         The applicant will submit an updated mylar to reflect existing conditions (revision date January 3, 2013).
 
APPLICANT COMMENTS
Dave Marshall had no additional comments to the staff report.
 
PUBLIC COMMENT
There were no comments from the public on the application.
 
DELIBERATION/DECISION
Amendment to Final Plat, As-Built Conditions, 22 Silver Fox Cove, Maniscalco (SUB12-06R1)
MOTION by Mark Sammut, SECOND by Peter Keelan, to approve the plan for SUB12-06R1 with the last revision date of 1/3/13 showing as-built conditions and a minor change to Beach Access Road and to authorize the DRB Chairman to sign the approval. VOTING: unanimous (5-0); motion carried.
 
CU11-14R2: Conditional Use approval for an extension to an existing lakeshore erosion control structure at 3735 Harbor Road in the Rural Zoning District and Lakeshore and Floodplain & Watercourse Overlay Districts by John and Amy Saar
Dave Marshall appeared on behalf of the application. David Conard recused himself and Mark Sammut assumed the duties of chairman.
 
STAFF REPORT
The DRB received a written staff report on the application, dated 2/20/13. Courtney Synowiec explained the proposal to install the third phase of a seawall to connect two existing sections in order to prevent further erosion in the area.
 
APPLICANT COMMENTS
Dave Marshall had no additional comments to the staff report.
 
PUBLIC COMMENT
There were no comments from the public on the application.
 
DELIBERATION/DECISION
Conditional Use, Extend Seawall, 3735 Harbor Road, Saar (CU11-14R2)
MOTION by Jeff Pauza, SECOND by Victor Castro, to direct staff to prepare a decision to indicate approval of CU11-14R2, conditional use to construct a seawall at 3735 Harbor Road along the shoreline in the Lakeshore Overlay District as depicted on the site plan prepared by Civil Engineering Associates, dated Jan. 2013, subject to the following conditions:
1.         The applicant shall obtain a zoning permit prior to commencement of any additional work on the wall.
2.         Within two years of the approval date the applicant shall have a professional engineer certify that the project has been constructed according to the approved plans as conditioned.
VOTING: unanimous (4-0); motion carried.
 
David Conard returned to the DRB and resumed the duties of chairman.
 
CU13-03: Conditional Use for a lakeshore erosion control structure at 72 Pine Haven Shores in the Rural Zoning District and Lakeshore and Floodplain & Watercourse Overlay Districts by Derrick and Deidre Senior
Dave Marshall appeared on behalf of the application.
 
STAFF REPORT
The DRB received a written staff report on the application, dated 2/20/13. Courtney Synowiec explained:
·         The existing seawall is failing and will be replaced along with the stairs.
·         There is a significant grade change. The wall goes from the 98’ contour to the 105’ contour in two tiers.
·         Whitcomb quarry stone will be used.
 
APPLICANT COMMENTS
Dave Marshall had no additional comments to the staff report.
 
PUBLIC COMMENT
There were no comments from the public on the application.
 
DELIBERATION/DECISION
Conditional Use, Seawall, 72 Pine Haven Shores, Senior (CU13-03)
MOTION by Peter Keelan, SECOND by Jeff Pauza, to direct staff to prepare a decision to indicate approval of CU13-03, conditional use to modify a seawall along the shoreline in  the Lakeshore Overlay District at 72 Pine Haven Shores as depicted on the plans prepared by CEA, dated Jan. 2013, subject to the following conditions:
1.         The applicant shall obtain a zoning permit prior to commencement of any work on the seawall or decks.
2.         Within two years of the approval date the applicant shall have a professional engineer certify that the project has been constructed according to the approved plans as conditioned.
VOTING: unanimous (5-0); motion carried.
 
CU13-04: Conditional Use approval for a lakeshore erosion control structure at 6 Pine Haven Shores Lane in the Rural Zoning District and Lakeshore and Floodplain & Watercourse Overlay Districts by Vivian Liu
Dave Marshall appeared on behalf of the application.
 
STAFF REPORT
The DRB received a written staff report on the application, dated 2/20/13. Courtney Synowiec reported:
·         The applicant is proposing a seawall with concealed stairs and a ramp on the north side of the wall.
·         The design will avoid the mature plantings as much as possible. There will be some tree removal. The applicant will secure the required permits.
 
APPLICANT COMMENTS
Dave Marshall had no additional comments to the staff report.
 
PUBLIC COMMENT
Frances Nesti, neighbor on the northern border, expressed concern about the following:
·         impacting mature trees holding up the bank along her property;
·         being vulnerable to erosion;
·         possibly compromising the stability of the house foundation;
·         impact on setback requirements from the lake by the seawall structure and stair expansion;
·         seven foot height of the wall on the northwest corner making the seawall appear as a permanent structure in the middle of the beach.
·         A 7’ high wall for one foot of elevation is “a stretch”.
 
Dave Marshall explained:
§  The proposed stabilization is as far from the lake as possible. Stone is being added and a geotextile fabric will be used. The contractor will try to limit the amount of disturbance.
§  There are multiple walls on the north side because there is an upper level wall and a lower wall with the stair connection.
§  The wall does a grade transition from a seven foot elevation at the northern end to a foot and a half elevation above existing grade at the southern end.  The view from the lake will be a constant seven foot high wall.
§  Trees to be removed can be flagged to confirm they are on the applicant’s property and in support of the seawall installation. The applicant can only remove trees on his property, but can remove tree roots and overhang from trees on adjoining property.
 
David Conard summarized the proposal is for an erosion control structure and the stair and ramp configuration do not encroach any further on the adjacent property. Courtney Synowiec added an erosion control structure is allowed in the lakeshore overlay and exempt from setbacks.
 
DELIBERATION/DECISION
Conditional Use, Seawall, 6 Pine Haven Shores Lane, Liu (CU13-04)
MOTION by Jeff Pauza, SECOND by Mark Sammut, to direct staff to prepare a decision to indicate approve of CU13-04, conditional use to modify a seawall along the shoreline in the Lakeshore Overlay District at 6 Pine Haven Shores as depicted on the plans prepared by CEA, dated Aug. 2012, subject to the following conditions:
1.         The applicant shall obtain a zoning permit prior to commencement of any work on the seawall or decks.
2.         Within two years of the approval date the applicant shall have a professional engineer certify that the project has been constructed according to the approved plans as conditioned.
3.         Best practice shall be used when constructing the seawall to minimize damage to trees on the neighboring properties.
VOTING: unanimous (5-0); motion carried.
 
SP13-01\DR13-02: Site Plan and Design Review to construct a 750 s.f. greenhouse at 5555 Shelburne Road in the Village Center Zoning District, Historic Preservation and Design Review, Village Core, and Stormwater Overlay Districts by Shelburne Museum
Leslie Wright appeared on behalf of the application.
 
STAFF REPORT
The DRB received a written staff report on the application, dated 3/6/13. Courtney Synowiec stated:
·         The greenhouse is on the parcel with the administration office and maintenance building and meets setback requirements.
·         The greenhouse structure will not be visible from the street.
·         Cut sheets have been submitted.
 
APPLICANT COMMENTS
Leslie Wright had no additional comments to the staff report.
 
PUBLIC COMMENT
There were no comments from the public on the application.
 
DELIBERATION/DECISION
Site Plan\Design Review, Greenhouse, 5555 Shelburne Road, Shelburne Museum (SP13-01\DR13-02)
MOTION by Jeff Pauza, SECOND by Victor Castro, to direct staff to prepare a decision to indicate site plan and design review approval of SP13-01 & DR13-02 for construction of a 750 s.f. greenhouse as depicted on the plans and application submitted by the applicant on January 31, 2013 subject to the following conditions:
1.         The applicant shall obtain a zoning permit prior to the installation of the greenhouse.
2.         Prior to the issuance of a zoning permit the applicant shall submit a landscape plan indicating screening plantings for the greenhouse for review and approval by the DRB Administrator.
VOTING: unanimous (5-0); motion carried.
 
SUB00-03R2: Preliminary Plan to re-subdivide one lot into five residential lots at 1240 Webster Road in the Residential Zoning District and Stormwater and Floodplain & Watercourse overlay District by William Posey
Dave Marshall and William Posey appeared on behalf of the application.
 
STAFF REPORT
The DRB received a written staff report on the application, dated 3/6/13. Courtney Synowiec explained:
·         The five lot subdivision will include four lots for single family dwellings and one lot with a duplex (this lot is closest to Webster Road).
·         Approximately an acre and a half will be conserved by Monroe Brook.
·         The hammerhead turnaround has been reviewed and approved by the Fire Chief.
·         A waiver to allow the road to remain unpaved is requested by the applicant.
·         The proposed road names are “Webster Heights (most likely) or “Webster Knoll”.
 
APPLICANT COMMENTS
Dave Marshall and William Posey reviewed the following:
·         Storm water management with best practices and per state storm water rules will be applied.
·         The road will be built to town standard, but pavement will end just past the driveway for the duplex. The remaining road length will be gravel. The driveways do not have to be paved.
·         To minimize the amount of impervious area the residents will share the road for walking and biking. A dedicated walkway is not proposed.
·         The homeowners association is responsible for maintenance of the hammerhead and any extension.
·         There is a grassed roadway that could be used as part of an emergency loop for fire trucks at the west end of the hammerhead (through the Loeb driveway). To keep a more rural appearance for the neighbors the roadway will remain grassed.
·         A suitable replacement could not be found for the sanitary sewer so a connection to the town system was made with gravity service from the Kwiniaska Barn westerly out and under Webster Road. The duplex unit will have a gravity line. The other houses will have to pump to the line.
·         There is a fire hydrant at the road intersection which the Fire Chief said was adequate.
 
PUBLIC COMMENT
There were no comments from the public on the application.
 
DELIBERATION/DECISION
Preliminary Plan, Five Residential Lots, 1240 Webster Road, Posey (SUB00-03R2)
MOTION by Mark Sammut, SECOND by Peter Keelan, to do a site visit on 3/20/13 at 6:30 PM and based on a satisfactory site visit to approve the Preliminary Plan for SUB00-03R2, application to re-subdivide Lot 3 at 1240 Webster Road into five lots per the plans by Civil Engineering Associated date Feb. 2013, with the following recommendations:
1.  The Final Plat application shall include a prospectus describing the management organization or homeowners association including a disclosure statement given to all prospective purchasers detailing responsibility for service such as maintenance and plowing or roadways within the development.
2.  The Final Plat application shall include copies of all proposed Offers of Dedication, deeds, and easements to the town and a copy of the Certificate of Title showing ownership of all property and easement to be dedicated to the town.
3.  The Final Plat application shall include a narrative discussing the proposed landscaping and budget.
4.  Prior to Final Plat approval the name of the proposed street shall be confirmed by the Town of Shelburne E-911 Committee.
5.  The application for Final plat shall include evidence or testimony from a qualified professional demonstrating that the location of the pedestrian crosswalk on Webster Road meets applicable safety standards and that use of the crosswalk will not pose hazards to pedestrians, motorists, or bicyclists.
6.  Any application for Final Plan approval shall be submitted within six months of this approval.
VOTING: unanimous (5-0); motion carried.
 
CU12-08R1: Conditional Use application to modify a noncomplying structure at 4279 Harbor Road in the Rural District and Floodplain and Lakeshore Overlay District by Don and Cheryl Appe
Don Appe, Mark Hall, Dan Morris, and Rolf Kielman appeared on behalf of the application. David Conard recused himself and Mark Sammut assumed the duties of chairman.
 
STAFF REPORT
The DRB received a written staff report on the application, dated 3/6/13. Courtney Synowiec stated:
·         Application was made on May 16, 2012 to expand a nonconforming structure. Approval was granted for substantial reconstruction of the house. A permit was issued.
·         Application was made to modify the existing seawall and modify the original conditional use permit to modify the structure.
·         A site visit by staff found the house was demolished. The permit was issued in error (was issued for reconstruction which would not add more volume).
·         The applicant is requesting the pool as a modification to a noncomplying structure. The pool does not encroach on the setback or add volume.
·         The issue is demolition of the house and rights retained under the bylaws.
·         Staff feels the application is new and should be a variance for the pool, not conditional use. The applicant argues the application is a condition use application. Staff opines the structure was demolished and without a structure that predates 2009 the applicant does not retain any rights to encroach.
·         Staff agrees an honest mistake was made, but from a legal perspective there is a significant difference.
 
APPLICANT COMMENTS
Don Appe acknowledged the oversight with the application and assured the intent was not to be out of compliance, but to build a better property for the town’s portfolio that would be environmentally friendly with an improved house structure, septic, energy efficiency, better drainage and located farther back from the lake. The focus was on construction rather than the zoning at the time the work was done. Modification to the permit was made for the pool prior to the house being totally removed. The town did not find the house demolition until after the fact.
 
 Mark Hall pointed out:
·         If application had been made to demolish the house and locate the pool the application would be in 100% compliance.
·         The cinderblock foundation on the former house structure did not make sense with the new construction so it was removed by the contractor.
·         Article 19, Section 1920 of the bylaws speaks to nonconforming uses and per the bylaw changing a nonconforming use can be done if the degree of nonconformance is not increased which is the case with the application.
·         Article 17 prohibits building within the 100’ lakefront, but the patio was there and there is no alteration by putting the pool within the patio space. This would be comparable to changing the location of an interior wall in the house. (Courtney Synowiec pointed out Article 17 says the structure had to exist prior to 2009. The demolition eliminated the structure. Don Appe countered the footprint existed in the late 1960s and the pool is within the footprint of the house that existed in the late 1960s. The house or some portion still existed when the application was made. The excavating company can provide documentation of the location of house prior to demolition. Part of the house and driveway still existed when application was made on October 25, 2013.)
·         There is disagreement to treating the pool as a new use because the pool is within the approved patio structure. The application is to alter a nonconforming use. (Courtney Synowiec reiterated there is no structure prior to 2009. The structure was demolished. For comparison, the setback of a camp that existing in 1920 and was demolished cannot be used for a building in 2013.)
 
Rolf Kielman stated the applicant was not trying to be serendipitous or devious and if it was known the house would be replaced then adjustments would have been made. There are drawings of the original house from 1960 and the pool from 1984.  Discussion of the pool began in August 2012. The permit modification for the pool was on the DRB meeting agenda in October, 2012.
 
There was further discussion of the error in issuing the permit (the plans that were submitted for the permit indicated construction of a new single family house, but staff did not notice this and issued the permit). A survey of the property was done by CEA and stamped by a professional engineer. The DRB agreed if proof can be shown that the house existed when the pool permit application was submitted then common sense should prevail.
 
PUBLIC COMMENT
There were no comments from the public on the application.
 
DELIBERATION/DECISION
Conditional Use Amendment, Modify Noncomplying Structure, 4279 Harbor Road, Appe (CU12-08R1)
MOTION by Jeff Pauza, SECOND by Peter Keelan, to approve CU12-08R1, conditional use for modification to a noncomplying structure at 4279 Harbor Road with the following conditions:
1.  Engineering drawings locating the pool within the previous structure shall be submitted.
2.  The applicant shall demonstrate that the remnants of the previous structure were in place when the application to amend the permit was submitted.
            3.  The applicant shall modify the zoning permit as required.
VOTING: unanimous (4-0); motion carried.
 
David Conard returned to the DRB and resumed the duties of chairman.
 
V13-07: Variance application for setback relief at 275 Northern Heights Drive in the Rural Zoning District and Stormwater Overlay District by Erica and Kraig Richard
Kraig and Erica Richard appeared on behalf of the application.
 
STAFF REPORT
The DRB received a written staff report on the application, dated 3/6/13. Courtney Synowiec stated:
·         The storage trailer was on the Jerry Fisher property and too close to the lot line. The trailer was moved to the current location by Jerry Fisher. The trailer is too close to the side yard setback.
·         The property was involved in a boundary line dispute and the owner was told to move the trailer within 45 days which was not done.
·         The lot on the other side of the property is likely not to be developed.
·         Setbacks are for fire separation. The trailer structure is not fire rated.
 
APPLICANT COMMENTS
Kraig Richard showed the location of the trailer and the adjacent steep bank, noting the following:
·         The trailer is not 75’ from the front setback. A permit was issued to move the trailer to the other side of the existing shed and in that location the front setback would not be met as well though the side setback would be met.
·         The multi-unit mound septic system adversely impacts having a well for the property and impacts on use of a good portion of the lot. The mining operation on the next lot continues to impact the well and there is no place on the property to drill a new well.
·         Moving the trailer to meet the 75’ front setback would locate the trailer in the middle of the house.
·         Some space is needed to plant trees to mitigate noise from the quarry which is much louder now since Jerry Fisher cut down a significant number of trees and brought in tons of fill (all done without a permit). The area is an ecological disaster. The DRB should do a site visit.
·         Application for the permit was done within the intent and spirit of the law. Jerry Fisher did not get permits for what was done and there are five businesses on the property so the zoning is not proper.
·         The trailer should be considered a noncomplying structure. The plan is to modify the structure to improve the property for the town tax rolls.
·         The trailer was sited according to the 35’ setback that was indicated when the permit application was submitted. The trailer is not visible from the street and was located to not be visible. A pitched roof can be added to the trailer if necessary.
·         The trailer was purchased and moved to the site. The trailer does not impact egress of safety vehicles. The location is the only good place for the well. Much work and effort was put into moving and leveling the trailer to be usable. Materials from several different locations were consolidated and are stored in the trailer.
 
David Conard explained the difficulty in granting a variance (all five variance criteria must be met per state statute). Relative to the need for a variance in order to use the property, in this case the applicant located the storage trailer on the property and can make reasonable use of the property without the trailer. Peter Keelan suggested moving the trailer 12’ to be in compliance with the permit. Mr. Richard reiterated how difficult it was to level the trailer to be usable. There was mention of requesting the Planning Commission to consider changing the setback (the change would apply to the entire zone, not just one parcel). The setback in the Rural Zone (Northern Heights Drive is in this zone) is greater than the setback applied to Mr. Richard’s lot which is a pre-existing nonconforming lot that was grandfathered with a 30’ setback. The procedure to get on the next meeting agenda for the Planning Commission was explained. Courtney Synowiec said enforcement action would be on hold while the applicant pursues the process through the Planning Commission.
 
DELIBERATION/DECISION
Variance, Side Setback, 275 Northern Heights Drive, Richard (V13-07)
MOTION by Jeff Pauza, SECOND by Peter Keelan, to approve the variance application, V13-07, for relief from the side setback at 275 Northern Heights Drive by Kraig and Erica Richard. VOTING: 0 ayes, 5 nays (Conard, Sammut, Pauza, Keelan, Castro); motion did not carry.
 
4.         APPROVAL OF MINUTES
February 6, 2013
MOTION by Peter Keelan, SECOND by Jeff Pauza, to approve the 2/6/13 minutes as written. VOTING: unanimous (5-0); motion carried.
 
5.         CONSIDERATION OF DRAFT DECISIONS
There were no decisions to sign.
 
6.         OTHER BUSINESS/CORRESPONDENCE
None.
 
7.         ADJOURNMENT and/or DELIBERATIVE SESSION
MOTION by Jeff Pauza, SECOND by Victor Castro, to adjourn the meeting. VOTING: unanimous (5-0); motion carried.
 
The meeting was adjourned at 9:30 PM.
 
RecScty: MERiordan
 *************************************************

MINUTES SUBJECT TO CORRECTION BY THE SHELBURNE DEVELOPMENT REVIEW BOARD. CHANGES, IF ANY, WILL BE RECORDED IN THE MINUTES OF THE NEXT MEETING OF THE BOARD.
TOWN OF SHELBURNE

DEVELOPMENT REVIEW BOARD
MINUTES OF MEETING
March 20, 2013
 
MEMBERS PRESENT:      David Conard (Chairman); Mark Sammut, Jeff Pauza, Victor Castro, Peter Keelan.
STAFF PRESENT:              Courtney Synowiec, DRB Administrator.
OTHERS PRESENT:          Dean Pierce, Dennis Demers, Trampas Demers, Chris Palmer, Dale Bergdahl, Jerilyn Bergdahl.
AGENDA:
  1. Site Visit: 1240 Webster Road (SUB00-3R2)
  2. Call to Order and Announcements
  3. Public Comment
  4. Applications
·         Site Plan\Conditional Use, Storage Building, 688 Quarry Road, Shelburne Limestone Corp. (SP13-02\CU13-07)
  1. Approval of Minutes
  2. Consideration of Draft Decisions
  3. Other Business/Correspondence
  4. Adjournment and/or Deliberative Session
 

1.         SITE VISITS: 1240 WEBSTER ROAD (SUB00-3R2)
The DRB conducted a site visit at 1240 Webster Road to view the site of the proposed subdivision. Any issues from the site visit will be addressed in the Final Plan.
 
2.         CALL TO ORDER and ANNOUNCEMENTS
Chairman David Conard called the meeting at 7:05 PM. There were no announcements from the DRB.
 
3.         PUBLIC COMMENT
Dean Pierce announced Courtney Synowiec is leaving employment of the Town of Shelburne at the end of March. The town is exploring engaging interim support through Regional Planning. The position has not been formally advertised as yet. Staff will be speaking to candidates who previously applied.
 
4.         APPLICATIONS
The function of the Development Review Board as a quasi-judicial board and the hearing procedure were explained. Individuals to give testimony before the Board were sworn in.
 
SP13-02\CU13-07: Site Plan & Conditional Use to construct an 18,000 s.f. storage building at 688 Quarry Road in the Rural Zoning District, Floodplain and Stormwater Overlay Districts by Shelburne Limestone Corp.
Trampas Demers appeared on behalf of the application.
 
STAFF REPORT
The DRB received a written staff report on the application, dated 3/20/13. Courtney Synowiec explained:
·         The 18,000 s.f. storage building will be used for material produced on the site that can be damaged by weather.
·         Staff opines only site plan approval is needed for the proposal, not conditional use approval because per the bylaw under permitted or conditional uses the use is not listed as a nonconformity. Also, the proposal is not a modification of the 1985 conditional use application.
·         In the Rural zone a quarry is a nonconforming use.
·         The quarry at 688 Quarry Road is a pre-existing nonconforming use that existed before zoning was adopted by the town in the 1960s.
·         Accessory uses are allowed as a permitted use and the warehouse (storage building) is accessory to the principal use which is the quarry.
·         The applicant corrected the map to show the building outside the Floodplain and Watercourse Districts. The letter from Krebs & Lansing, dated March 4, 2013, addresses the matter.
·         There will not be an expansion of the use because the material is made on-site. Presently the material must be trucked off site for storage. The proposed storage building will allow material to remain on-site.
·         The number of trucks from the quarry will not change, but trips will be spread over a longer time period so there will be less intensity of use.
·         The police will continue to monitor truck traffic. The quarry owner monitors traffic internally.
 
David Conard observed the proposed storage building is not an accessory use because an accessory use must be accessory to something. The pre-existing nonconforming use is the quarry activity, not the structure. The structure will not make the quarry use more nonconforming.
 
Peter Keelan asked about the height of the building. Courtney Synowiec confirmed the building complies with the town’s height regulations.
 
APPLICANT COMMENTS
Trampas Demers, Shelburne Limestone, stated the bottom line for the application is for quality control and inventory management. Some of the quarry product is used in bagged fertilizer and cannot get wet from snow and ice. The building will allow storage of some product inside to keep dry prior to shipping. The same number of tons will be sold to customers. Local residents on nearby roads should not notice any change in activity.
 
Jeff Pauza asked about a lighting plan. Mr. Demers stated the plan is no lighting.
 
Peter Keelan asked the color of the building. Mr. Demers said the building will be white.
 
PUBLIC COMMENT
Chris Palmer, 220 Ledge Hill (east of the quarry), said initially there was concern about the impact the building might have on the view of the Adirondack mountains, but it appears there will not be any visual impact. Mr. Palmer said the quarry has been a good neighbor and the owner addresses any issues immediately, usually following the first phone call. Truck traffic from the quarry has not been an issue for them and no lighting is good because lights would be an impact, said Mr. Palmer.
 
There were no further comments. The evidentiary portion of the hearing was closed.
 
DELIBERATION/DECISION
Site Plan\Conditional Use, Storage Building, 688 Quarry Road, Shelburne Limestone Corp. (SP13-02)
MOTION by Mark Sammut, SECOND by Victor Castro, to direct staff to prepare a decision to indicate approval of SP13-02, site plan for the construction of an 18,000 s.f. storage building at 688 Quarry Road as depicted on the plans and application submitted by Shelburne Limestone Corp. on February 19, 2013 subject to the following condition(s):
1.         Prior to the commencement of construction of the storage building the applicant shall apply for a zoning permit.
VOTING: unanimous (5-0); motion carried.
 
5.         APPROVAL OF MINUTES
March 6, 2013
MOTION by Peter Keelan, SECOND by Jeff Pauza, to approve the 3/6/13 minutes with the following clarifications:
Page 8, Liu Application, MOTION, Condition #3 – rewrite to read: “Reasonable best practice to minimize impacts to the roots of the trees located on the northern property line shall be implemented during the course of construction.”;
Page 10, Posey Application, Applicant Comments – add a sentence indicating the applicant requested that Preliminary Plan approval not be delayed until after the site visit and understood the Final Plan application would be subject to a satisfactory site visit.
VOTING: unanimous (5-0); motion carried.
 
6.         CONSIDERATION OF DRAFT DECISIONS
Decisions were reviewed and signed for the following applications:
·         CU13-06                     McAndrew/Allen, 212 Clearwater Road
·         SUB12-06R1              Maniscalco, 22 Silver Fox Cove
·         CU11-14R2                Saar, 3735 Harbor Road
·         CU13-03                     Senior, 72 Pine Haven Shores
·         CU13-04                     Liu, 6 Pine Haven Shores Lane
·         SP13-01\DR13-02      Shelburne Museum, 5555 Shelburne Road
·         SUB00-03R2              Posey, 1240 Webster Road
·         V13-07                        Richard, 275 Northern Heights Drive
 
7.         OTHER BUSINESS/CORRESPONDENCE
Best Wishes to Courtney Synowiec
David Conard said it has been a pleasure working with Courtney Synowiec. Best wishes were extended to Ms. Synowiec.
 
8.         ADJOURNMENT and/or DELIBERATIVE SESSION
MOTION by Mark Sammut, SECOND by Victor Castro, to adjourn the meeting. VOTING: unanimous (5-0); motion carried.
 
The meeting was adjourned at 7:25 PM.
 
RecScty: MERiordan
 

January 2013

February 2013

March 2013

April 2013

May 2013

June 2013

July 2013

August 2013

September 2013

October 2013

December 2013







P.O. Box 88
5420 Shelburne Road
Shelburne, VT 05482
phone: 802-985-5110
fax: 802-985-9550


Home | Contacts | Departments | Events | Information | Search | Site Map | Services | Forms | Minutes