Zoning Board of Adjustment Minutes

TOWN OF SHELBURNE
ZONING BOARD OF ADJUSTMENT
MINUTES OF MEETING
JANUARY 5, 2004

MEMBERS PRESENT: Tom Koerner, Chairman; Steve Waltien, Milton Edelman, Boris Funtow. (Absent: Gwen Webster).
STAFF PRESENT: Brian Bigelow, Zoning Administrator.
OTHERS PRESENT: Mike Furlong, John Blanchard, Gary Krasofski, Ann Krasofski, Bill Youngblood, Michael Lawrence, Eric Smith, Natalie Nash, Sy Nash, Ruth Bogorad, R. Frothingham, Ruth Frothingham, Shirley Parkhill, Verna Wittmann, More Wittmann, Carlos Blakely, Robert Burley, Paul Rosenthal, Hannah Rosenthal, Regina Leccese, Virginia Walters, Dick Walters, Stephen Vock, D. Brown, Oliva Brown, J. P. Stritter, Rob Donahue( Shelburne News).

1. CALL TO ORDER
Mr. Koerner, Chairman, called the meeting to order at 7:04 p.m., and noted that approval of minutes would be conducted at the end of the meeting. Findings of Fact and Deliberation/Decisions could be conducted in closed Deliberative Session at the end of the hearing as well. Mr. Koerner explained the deliberative process, and noted that there were four Zoning Board members present meaning a tie vote on an application would result in a denial. An applicant could opt to delay their application hearing until there was a full Board present.

2. NEW BUSINESS
CU04-01, John Blanchard (Owner) seeks Conditional Use approval to expand a noncomplying structure (§1620.2.2) at 61 Lakeview Drive
John Blanchard, owner, appeared on behalf of the application.

STAFF REPORT
Mr. Koerner reviewed staff notes.

APPLICANT COMMENTS
Mr. Blanchard explained a storage area was proposed as an addition to an existing duplex. The storage area would be located on the backside of the residence. A driveway was located on the property, however, access was proposed across on open area from the Lighting House commercial business parking lot. The addition would not be visible from Lakeview Drive. To address neighbors’ concerns, there would be no deliveries or loading docks at the area.

In response to a question regarding the merger of adjacent lots under common ownership, Mr. Bigelow said that when both lots were developed, merger is not required. In this case mandatory merger would result in two primary structures on one lot, creating a noncomplying situation.

Mr. Blanchard explained he would store boats and lawn equipment in the storage addition. There was also lawn furniture from a Lighting House outside sale display that would be stored there. Mr. Blanchard is storing boats and lawn furniture behind the IDX building currently. The storage area would be accessed from the east side of the Lighting House parking lot. There will be no changes to the curb cut and driveway off Lakeview Drive. The storage area would be a single story structure.

Mr. Funtow asked if the structure could be considered a warehouse or multi-use structure if retail items were stored there. Mr. Bigelow said that boats or lawn care equipment was appropriate, but retail items should not be stored at the area. Mr. Waltien noted that Mr. Blanchard has displayed vehicles for sale selling cars at the adjacent Lighting House lot, which was another issue. Mr. Funtow referenced the zoning regulations related to the sale of cars, which had to be owned by the property owner and not parked on a lawn (only in a driveway/parking lot). Mr. Funtow suggested conditioning approval of the application to restrict stored items to personal property and not items from the business.

PUBLIC COMMENTS
Eric Smith, neighbor, expressed concern that the duplex’s driveway should not be used as an unloading area for the Lighting House business. There were no problems in terms of view.

DELIBERATION/DECISION
CU04-01, Expand Noncomplying Structure, 61 Lakeview Drive, John Blanchard
MOTION by Mr. Edelman, seconded by Mr. Waltien, to approve the request for Conditional Use approval of CU04-01, application by John Blanchard (Owner) to expand a noncomplying structure (§1620.2.2) at 61 Lakeview Drive, subject to the conditions outlined in the Staff Report and below:
1. The site improvements shall comply with the site plan, prepared by John Blanchard, date stamped December 10, 2003, which was submitted with the conditional use application and approved by the Board during the public hearing on January 5, 2004 as amended.
2. Use of the addition shall be restricted to the residential noncommercial use of 61 Lakeview Drive as a duplex.
3. 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 (4-0); motion carried.

CU03-24R1, Gary Krasofski (Owner) seeks conditional Use approval to modify a condition of a previous approval for the expansion of a noncomplying structure (§1620.2.2) at 670 Bay Road
Gary Krasofski, owner, appeared on behalf of the application.

STAFF REPORT
Mr. Bigelow stated the application was revised from a previously approved request to change cubic volume expansion to 49.5 percent (from 44.5 percent). Mr. Bigelow noted changes to the previous approval were covered in proposed condition #2 within the Staff Report, which effectively supercedes Condition #7 of the original approval.

APPLICANT COMMENTS
Mr. Krasofski showed the changes on the site plan and floor plan map (change of the kitchen “bump out” dimensions from 4’ x 12’ to 6’x14’). Mr. Koerner cautioned if the square footage and/or cubic volume was incorrect that would cause a problem at the time of sale.

DELIBERATION/DECISION
CU03-24R1, Modify Condition of Previous Approval for Expansion of Noncomplying Structure, 670 Bay Road, Gary Krasofski
MOTION by Mr. Waltien, seconded by Mr. Funtow, to approve the request for Conditional Use approval of CU03-24R1 by Gary Krasofski (Owner) to modify a condition of a previous approval for the expansion of a noncomplying structure (§1620.2.2) at 670 Bay Road, with conditions as outlined in the Staff Report and below:
1. Conditions 1-6 and 8-10 of the November 3, 2003 approval of CU03-24 remain in effect
2. The current configuration of the house consists of a total of 11,085.7 cubic feet. Footprint of rebuilt dwelling must match exactly the existing footprint. Total increase limited to 16,628.55 cubic feet. There are 53.67 cubic feet available for future expansion without exceeding the maximum fifty percent (50%) expansion of the outside dimensions of the original noncomplying buildings. Final floor plans and elevations shall be as shown on Royal Design & Construction drawing, date stamped January 5, 2004.
3. 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 (4-0) motion carried.

CU00-20R1, Wake Robin Corporation, (Owner) seeks Conditional Use approval to expand a continuing care retirement community (§420.6) at 200 Wake Robin Drive
David Coleman, Wake Robin President, Michael Lawrence, Landscape Architect, Robert Burley, Burley Partnership, Stephen Vock, Civil Engineering Associates, Inc, and William Youngblood, Director, Wake Robin Environmental Services, appeared on behalf of the application.

STAFF REPORT
Mr. Koerner reviewed the conditional use request by Wake Robin Corporation to expand a continuing care retirement community, located at 200 Wake Robin Drive. Mr. Waltien noted that as a member of a homeowner’s association, he co-owned land adjacent to the Wake Robin community and offered to recuse himself. There were no objections by Applicants or the Zoning Board of Adjustment members.

APPLICANT COMMENTS
Mr. Burley described Phase I and II for a total coverage of 18 acres. The proposed project included three types of independent living cottages (single, duplex, and four groups of 4-plex cottages), and an expansion of the existing Linden Nursing Center (a single story wing for long term care). A ‘skilled nursing bed’ equaled a room. Mr. Burley explained Phase II as outlined in the Wake Robin master plan:
• Independent Living cottages were located in a woodland
• Roads and 10’ pathways were on a less than 5 percent gradient in slope
• Two parking garage structures included three bays for maintenance vehicles
• A covered walkway with an elevator was a future option
• Some cottages may have a basement if indicated by grade
• Woodlands would be retained at the edge of the project, and younger trees would be planted within home sites.
• A proposed one-story Linden Nursing Center wing would be on the same level as the existing structure
• An existing nursing center driveway would be relocated to allow for more parking
• A ‘secure’ garden was included
• The basement of the wing would house mechanical and storage space
• A new entrance to the residential care wing was proposed
• Skylights on the flat roof located between two one-half gable roofs

Michael Lawrence, Landscape Architect, reviewed setbacks from the existing railroad, Bostwick Road and Bostwick Road Bridge, tree species (Oak, Ash, Maple, White Pine, and Spruce) and a road side wild flower mix to re-establish a 250’ screen from the road.

William Youngblood, Director, Environmental Services at Wake Robin, reviewed parking for residents and guests at the cottage complex for a total of 134 spaces, multi-use areas, a shuttle service for residents, and staffing numbers (a few additional staff would be added in Phase II). Mr. Youngblood submitted a copy of the Wake Robin Phase I parking addendum for Board review.

Stephen Volk, Civil Engineering Associates, Inc., reviewed site issues included in the Phase II plan, and showed aerial photographs of two proposed retention pond locations (one currently exists). Mr. Volk noted that sewer allocation was already granted and a water system (100 + psi estimated) was designed with Phase II included.

David Coleman reported that abutter appeals to the Environmental Court regarding Phase I have been withdrawn. Appeals regarding Phase II have limited the project to 40 additional residents, 30 additional nursing beds, and identified a location where those residences could be built. The covenant remains in effect until 2016.

Mr. Waltien asked if the application should still be continued since there had been no independent engineering report. Mr. Bigelow explained that when he spoke to Wake Robin, it was suggested they could start the review process now absent of an independent engineering report on behalf of the Town but preliminary remarks were received. In addition remarks from the Fire, and Police Departments have been received. Chief Warden identified that the Police Department and Rescue would see an increase in calls. Mr. Koerner noted that the Board would consider the Wake Robin request in Deliberative Session at the end of the meeting. Mr. Bigelow said staff recommended a continuance.

3. DELIBERATIVE SESSION/ADJOURNMENT

MOTION by Mr. Waltien, seconded by Mr. Koerner, to enter Deliberative Session. VOTE: unanimous (4-0); motion carried.

The Board entered Deliberative Session at 8:40 p.m.

MOTION by Mr. Funtow, seconded by Mr. Edelman, to adjourn Deliberative Session and reconvene the regular meeting. VOTE: unanimous (4-0); motion carried.

The ZBA exited Deliberative Session and reconvened the regular meeting at 9:10 p.m.

Ch. Koerner summarized the results of the deliberative session as a decision to continue the Wake Robin application. Staff is directed to review the parking information submitted at the hearing. Board members will contact staff with specific questions as a result of the presentations in time for Staff to compile an addendum to the Staff Report.

4. APPROVAL OF MINUTES
MINUTES OF DECEMBER 8, 2003
MOTION by Mr. Waltien, seconded by Mr. Edelman, to approve the minutes of 12/08/03 as written. VOTE: unanimous (4-0); motion carried.

5. ADJOURNMENT
MOTION by Mr. Koerner, seconded by Mr. Funtow, to adjourn the meeting. VOTE: unanimous (4-0); motion carried.

The ZBA meeting was adjourned at 9:35 p.m.

Minutes respectfully submitted by Kathlyn Furr, Recording Secretary.


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Thomas Koerner, Chair Milton Edelman

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Steve Waltien Boris Funtow


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