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Zoning Board of Adjustment Minutes
ZONING BOARD OF ADJUSTMENT February 7, 2005 MEMBERS PRESENT: Tom Koerner, Chairperson; Milton Edelman, Steve Waltien, Gwen Webster. (Boris Funtow was absent.) ADMINISTRATION: Cindy Tyminski, Acting Zoning Coordinator. OTHERS PRESENT: Mal Parker, Marcia Parker, Brad Rabinowitz, John Koerner, Margery Sharp (Shelburne News). 1. CALL TO ORDER Mr. Koerner called the meeting to order at 7:05 p.m. Introductions were made. Mr. Koerner explained the deliberative process and noted that with only four Board members in attendance, a tie vote (2:2) would result in a denial. Applicants can elect to delay their hearing until a full board is present. Deliberative Session may be held at the end of the hearing. A warned public discussion will be held under “Other Business”. Mr. Koerner stated he will recuse himself from the hearing on CU05-05, and Gwen Webster will assume the duties of chairperson. 2. NEW BUSINESS CU05-03: Application of Mal and Marcia Parker for Conditional Use approval to modify non-complying structures (§1330.2 ) and (§1620.2) on property at 208 Windmill Bay Road in the Residential 1 District (Article V) and the Lakeshore Overlay District (Article XIII) Mal and Marcia Parker, applicants, and Brad Rabinowitz, agent, appeared on behalf of the application. STAFF REPORT Mr. Koerner reviewed the Staff Report, dated 02/07/05, on the Parker’s conditional use application. Calculations and drawings will be entered into the record. Mr. Waltien stated he has done business with Mr. and Mrs. Parker in the past, but does not feel there is a conflict of interest in hearing the application. The Board concurred. APPLICANT COMMENTS Brad Rabinowitz displayed the site plan and elevation map for review and explained the location of the existing lake front house and garage on Windmill Bay. The existing house will torn down and re-built. The new garage will be four feet lower than the existing garage and a better driveway/parking access will be created. The new structure will not be any more non-complying than the existing structure. The volume of the new home will represent an increase 41% over the existing structure. The proposed landscaping is as shown on the site plan. Two letters from neighbors have been submitted in support of the project. The applicant will work with Recycle North with regard to the tear down of the existing house. PUBLIC COMMENTS None. DELIBERATION/DECISION CU05-03: Application of Mal and Marcia Parker for Conditional Use approval to modify non-complying structures (§1330.2) and (§1620.2) on property at 208 Windmill Bay Road in the Residential 1 District (Article V) and the Lakeshore Overlay District (Article XIII) MOTION by Ms. Webster, seconded by Mr. Edelman, to grant conditional use approval to Mal and Marcia Parker, 208 Windmill Bay Road, under Article XVI, General Regulations, Section 1620.2, Noncomplying Structures, and Article XIII, Lakeshore Overlay District, Section 1330.2, Additions to Existing Nonconforming Structures, subject to conditions set forth in the Staff Report, dated 02/07/05, and as follows:
VOTE: unanimous (4-0); motion carried. CU05-04: Application of Jeffrey and Lauren Lawson for Conditional Use approval for a 600 square foot accessory apartment (§970.4 and §1810.2) on property at 1007 Falls Road in the Village (Article IX) and Village Design Overlay (Article XV) Districts Jeff and Lauren Lawson, applicants, appeared on behalf of the application. STAFF REPORT Mr. Koerner reviewed the Staff Report, dated 02/07/05, and noted the square footage of the one-bedroom accessory apartment should read 514.5 s.f. Mr. Koerner reviewed accessory use requirements and noted the applicant will need to go before the Design Review Board. The applicant indicated he received and read the staff report. Ms. Tyminski stated the applicant will need a Certificate of Occupancy, a waste water allocation from the Selectboard, and code enforcement review by Labor and Industry for the accessory apartment. APPLICANT COMMENTS Mr. Lawson explained the existing carriage barn is 1.5 feet from the boundary line. The request is for a split use as a home studio and an accessory apartment. The apartment may be used as a residence for their au pair or nanny. The applicant will need to receive a water and sewer allocation. The first floor will remain a garage. The third floor will continue to be storage which will be accessed through the proposed apartment. The storage door will be locked. Mr. Waltien asked for clarification on the number of parking spaces proposed, noting the regulations require two parking spaces for the main residence and two spaces for the apartment. Mr. Lawson replied there are three spaces in the garage and space for parking in the driveway. The measurements of a parking space were noted (9’ x 18’). PUBLIC COMMENTS None. DELIBERATION/DECISION CU05-04: Application of Jeffrey and Lauren Lawson for Conditional Use approval for a 600 square foot accessory apartment (§970.4 and §1810.2) on property at 1007 Falls Road in the Village (Article IX) and Village Design Overlay (Article XV) Districts MOTION by Mr. Edelman, seconded by Mr. Waltien, to grant conditional use approval for CU05-04 by Jeff and Lauren Lawson, 1007 Falls Road, for the construction of a 514 square foot accessory apartment in a carriage barn and modification of a noncomplying structure, subject to conditions set forth in the Staff Report, dated 02/07/05, and as follows:
VOTE: unanimous (4-0); motion carried. CU05-05: Application by John and Carol Koerner, 6305 Shelburne Road, for Conditional Use approval for alteration of a structure (§1120.15 and §1620.2.2) including the manufacturing (§1120.11) of baked goods for retail (§1120.12) and wholesale (§1120.4), accessory food service with fourteen seats (§1120.12), and the seasonal sale of farm produce (§1120.14) on property at 6305 Shelburne Road in the Commerce and Industry South (Article XI) District John Koerner, owner, appeared on behalf of the application. Tom Koerner recused himself and Gwen Webster assumed the duties of chairperson. STAFF REPORT Ms. Webster reviewed the Staff Report. Ms. Tyminski stated that there are no negative comments from the Fire or Police departments. A lighting plan has been submitted. Review by the Historic Preservation and Design Review Commission is required. APPLICANT COMMENTS John Koerner explained the proposed bakery business. The two existing curb cuts will be retained and parking on the existing lot will be expanded. The existing building will be removed and a new barn-type structure will be built in its place. A European-style retained heat masonry oven will be installed to bake loaves of bread (the style of oven will restrict the number of loaves that can be baked per day). The accessory food service and farm stand will continue on site to supplement the bakery. The bakery will operate seven days per week. A landscaping plan is included on the site plan. The floor plan with square footage allocation and seating was submitted including calculations for 14 seats. The middle-section entrance will have a cathedral ceiling. The oven will be installed at the rear of the middle section, and the plant and farm stand space will be to the right. The accessory food service will include roasted coffee and simple food goods, such as sandwiches using the baked bread. Elevations from the west, south, and east were displayed. The upstairs will include storage and office space. Mr. Waltien commented a reflective standing seam metal roof would interfere with the near-by airport. Ms. Webster suggested amending the application to read “… other food products…”. Ms. Webster further recommended that the applicant consider a design for his sign in that their existing location and size are “grandfathered”. PUBLIC COMMENTS None. DELIBERATION/DECISION CU05-05: Application by John and Carol Koerner, 6305 Shelburne Road, for Conditional Use approval for alteration of a structure (§1120.15 and §1620.2.2) including the manufacturing (§1120.11) of baked goods for retail (§1120.12) and wholesale (§1120.4), accessory food service with fourteen seats (§1120.12), and the seasonal sale of farm produce (§1120.14) and other food products at 6305 Shelburne Road in the Commerce and Industry South (Article XI) District MOTION by Mr. Waltien, seconded by Mr. Edelman, to grant Conditional Use approval for CU05-05 by John and Carol Koerner, 6305 Shelburne Road, for alteration of a structure for multiple conditional uses including the manufacturing of baked goods for retail and wholesale, accessory food service with fourteen seats, and the seasonal sale of farm produce and other food related products, subject to condition as set forth in the Staff Report, dated 02/07/05, and with additional condition as follows:
4. Within sixty (60) days of this approval, the property owner shall record a “MEMORANDUM OF MUNICIPAL ACTION’ with the Shelburne Town Clerk’s office. This document will notify future property owners of the approval and conditions. VOTE: unanimous (3-0); motion carried. Tom Koerner resumed the duties of Zoning Board Chairman. 3. OTHER BUSINESS Mr. Koerner reviewed the lettered submitted to him by the Zoning Administrator from Town Attorney Steven Stitzel, dated February 7, 2005. Mr. Koerner concluded that this was not a matter to be brought before the Board at this time and questioned whether the letter would bias the Board against future hearings on the “Harrington Circle” matter. The letter was not distributed to the other Board members. 4. ADJOURNMENT The Chairman adjourned the meeting at 8:48 p.m. Minutes respectfully submitted by Kathlyn Furr, Recording Secretary. Dated at Shelburne, Vermont this 7th day of March for the meeting of February 7, 2005. Thomas Koerner, Chair Gwen Webster Steve Waltien Boris Funtow Milton Edelman
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