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minutes

Zoning Board of Adjustment Minutes

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

ZONING BOARD OF ADJUSTMENT
January 3, 2005
 
MEMBERS PRESENT:       Tom Koerner, Chairperson; Milton Edelman, Steve Waltien, Boris Funtow. (Gwen Webster was absent.)
ADMINISTRATION:           Cindy Tyminski, Acting Zoning Coordinator.
OTHERS PRESENT:            Cheryl Robbins-Dooley.
 

1.         CALL TO ORDER
Mr. Koerner called the meeting to order at 7:00 p.m. Introductions were made. Mr. Koerner explained the deliberative process and noted that with only three ZBA members in attendance, a vote must have at least three affirmatives to carry in the positive. An applicant may elect to delay the hearing of their application until a full board is present.  Deliberative Session could be held at the end of the hearing. 
 
2.         NEW BUSINESS
CU05-01: Application by Alan Clayton (Owner) and Cheryl Robbins-Dooley of Blackflower Chocolate (Applicant) for Conditional Use approval for a change of use to retail sale and production of chocolate as a similar use (§920.20) at property located at 40 Shelburne Shopping Park in the Village and Village Design Overlay Districts
Cheryl Robbins-Dooley, applicant, appeared on behalf of the application.
 
STAFF REPORT
Mr. Koerner reviewed the request for conditional use approval for a change of use for a retail sales chocolate shop in the Shelburne Shopping Park.
 
APPLICANT COMMENTS
Ms. Robbins-Dooley confirmed she received a copy of the Staff Report. Ms. Robbins-Dooley reviewed that the shop is a proposed mixed use of on-site chocolate production and retail sales. The production space is not more than 370 square feet of the total space.  A website is under development and mail order sales of the chocolates will be offered to generate additional revenue.
 
Mr. Koerner asked for clarification regarding the retail operation.  Ms. Robbins-Dooley explained she makes chocolate truffles, which will be placed in the display case for sale. Approval for the retail business, Blackflower Chocolates, was previously secured from Brian Bigelow, Zoning Coordinator. 
 
Mr. Edelman asked if there are any water usage issues.  Ms. Robbins-Dooley explained she will install a dishwasher and grease trap to wash the chocolate molds.  A mold for the chocolates was shown.  A plumber has reviewed the site and does not anticipate problems with the required plumbing, stated Ms. Robbins-Dooley.  There will not be excessive water usage (one dishwasher load per day is estimated).  Twenty molds produced 500 truffles.  The applicant will need to receive a sewer allocation.
 
Mr. Funtow asked for a floor plan showing the retail and production areas and he noted that parking space calculations were missing from the application.  Ms. Robbins-Dooley said she is the sole employee.  The building is located within the Shelburne Shopping Park. The space was always retail.  Parking is allocated for 1,800 square feet of retail space.  It was determined that three parking spaces are required for the retail and manufacturing space.
 
Regarding hours of operation, Ms. Robbins-Dooley explained chocolate production will begin at 8:00 a.m. The retail shop will be open from noon to 6:00 p.m.  There will be no vibrations, noise, or odors.  Chocolate is “tempered” using a unit similar to a hotel pan in a water bath.  An oven is not necessary.  The tempering unit heats to 120 degrees (90 degrees is required to mold the chocolate).  The shop sign was approved and will be placed on the existing Shopping Park sign at the park entrance.  There will be no exterior lighting at this time, but there may be application for outdoor lighting in the future.
 
PUBLIC COMMENTS
None.
DELIBERATION/DECISION
Conditional Use, Change of Use to Retail Sales/Production of Chocolates, 40 Shelburne Shopping Park, Clayton/Robbins-Dooley, Blackflower Chocolate (CU05-01)
MOTION by Mr. Edelman, seconded by Mr. Funtow, to grant the Conditional Use request by Alan Clayton (Owner) and Cheryl Robbins-Dooley of Blackflower Chocolate (Applicant) for a change of use to a retail sale and production of chocolate subject to the proposed conditions set forth in the Staff Report, dated 01/03/05, and as follows:
  1. The site shall be utilized as indicated on the Sketch Plan prepared and submitted by the applicant, dated stamped December 13, 2004, as amended and conditioned; minor changes to the Site Plan area shall be reviewed by the Zoning Coordinator for a determination regarding the need for additional Zoning Board of Adjustment review.
  2. The applicant shall prepare and submit a Floor Plan with measurements for retail space and chocolate production space, and parking spaces shall be noted on the site plan.
  3. Within sixty (60) days of this approval, the property owner and or applicant shall record a “MEMORANDUM OF MUNICIPAL ACTION” with the Shelburne Town Clerk’s office.
  4. Prior to obtaining a zoning permit, the applicant shall obtain Design Review and Site Plan approvals as required.
VOTE:  unanimous (4-0); motion carried.
 
3.         OTHER BUSINESS
None.
 
4.         ADJOURNMENT
There being no other business before the Board, the Chairperson adjourned the meeting at 7:30 p.m.
 
Minutes respectfully submitted by Kathlyn Furr, Recording Secretary.
 
 
Dated at Shelburne, Vermont this for the meeting of January 3, 2005.
 
 
Thomas Koerner, Chair                                   
Gwen Webster
Steve Waltien                                                  
Boris Funtow
Milton Edelman

January 2005
Zoning Board of Adjustment Minutes

February 2005
Zoning Board of Adjustment Minutes

March 2005
Zoning Board of Adjustment Minutes

April 2005
Zoning Board of Adjustment Minutes

May 2005
Zoning Board of Adjustment Minutes

June 2005
Zoning Board of Adjustment Minutes

July 2005
Zoning Board of Adjustment Minutes

August 2005
Zoning Board of Adjustment Minutes

September 2005
Zoning Board of Adjustment Minutes

October 2005
Zoning Board of Adjustment Minutes

November 2005
Zoning Board of Adjustment Minutes

December 2005
Zoning Board of Adjustment Minutes







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


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