Zoning Board of Adjustment Minutes

TOWN OF SHELBURNE
ZONING BOARD OF ADJUSTMENT
MINUTES OF MEETING
FEBRUARY 2, 2004

MEMBERS PRESENT: Tom Koerner, Chairman; Steve Waltien, Milton Edelman, Boris Funtow, Gwen Webster.
STAFF PRESENT: Brian Bigelow, Zoning Administrator.
OTHERS PRESENT: Mike Furlong, Bill Youngblood, David Colman, Dorothea Hanna, Ruth Bogorad, Shirley Parkhill, Carlos Blakely, Stephen Vock, Rob Donahue (Shelburne News).

1. CALL TO ORDER
Mr. Koerner, Chairman, called the meeting to order at 7:05 p.m., and noted that approval of minutes, Findings of Fact, and Deliberation/Decisions could be conducted at the end of the hearing. The deliberative process was explained.

2. OLD BUSINESS
Continuation: 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, Mike Furlong, Stephen Vock, Civil Engineering Associates, Inc, and William Youngblood, Wake Robin Environmental Engineer, appeared on behalf of the application.

STAFF REPORT
Mr. Koerner reviewed the conditional use request by Wake Robin Corporation to expand the continuing care retirement facility located at 200 Wake Robin Drive. The application was well done and complete. The previous hearing was continued to gather input from Town departments. Mr. Bigelow reported that Fire Chief Wooster had suggested paving an existing emergency access lane. There were no other additional comments from the Town departments or other interested parties.

APPLICANT COMMENTS
Mr. Youngblood submitted proposed parking plans and briefly reviewed the Phase I parking plan for existing staff and resident parking, and Phase II proposed parking. Included were extra spaces beyond what was required by the Town. Staff parking would be centered in one area behind the nursing center. Wake Robin would be purchasing more light duty vehicles for housekeeping, etc and parking spaces for those vehicles were included. The parking plan shows a total of 98 staff spaces and 66 new residential and visitor spaces.

Mr. Waltien pointed out that the emergency access was located on private property. The right-of-way to Wake Robin currently was a gravel drive with a chain gate. Mr. Youngblood said that Wake Robin plows the right-of-way during the winter and mows it in the summer. Mr. Bigelow clarified that while the Fire Department had a preference for paving, it was a preference rather than a requirement necessary for access.

In response to a Board question, Mr. Youngblood said that when Phase II was complete, there could potentially be 350 new residents and 83 beds in the health center. The new units would all have sprinkler systems. The allocated parking was based on actual needs. There were no comments from neighbors at a recent Planning Commission meeting. The Planning Commission would review engineering plans at the 02/26/04 Planning Commission meeting.

PUBLIC COMMENTS
There were no public comments.

DELIBERATIVE SESSION/ADJOURNMENT

MOTION by Mr. Waltien, seconded by Ms. Webster, to enter Deliberative Session. VOTE: unanimous (5-0); motion carried.

The Board entered Deliberative Session at 7:20 p.m.

MOTION by Mr. Waltien, seconded by Mr. Edelman, to adjourn Deliberative Session and reconvene the regular meeting. VOTE: unanimous (5-0); motion carried.

The ZBA exited Deliberative Session and reconvened the regular meeting at 8:00 p.m.

Ch. Koerner summarized the results of the deliberative session as a decision to move the application of the Wake Robin Corporation.

DELIBERATION/DECISION

MOTION by Mr. Waltien, seconded by Mr. Funtow, to approve the request for Conditional Use approval of CU00-20R1 by Steve Vock, Civil Eningienering Associates (Agent) and Wake Robin Corpoartion (Owner) for Conditional Use review and approval to modify to expand a continuing care retirement community (§420.6) at 200 Wake Robin Drive subject to the following conditions:


1. The changes to and uses of the site shall occur as indicated on the plans that were submitted with the conditional use application and approved by the Board during the public hearing on February 2, 2004 as amended. Specifically;

1) Sheet C-1, Overall Property Plan, Civil Engineering Associates, dated Dec. 2003
2) Sheet C-2, Overall Site Plan, Civil Engineering Associates, dated Dec. 2003
3) Sheet C-3.1, Partial Site Utility Plan, Civil Engineering Associates, dated Dec. 2003
4) Sheet C-3.1A, Partial Site Grading Plan, Civil Engineering Associates, dated Dec. 2003
5) Sheet C-3.2, Partial Site Utility Plan, Civil Engineering Associates, dated Dec. 2003
6) Sheet C-3.2A, Partial Site Grading Plan, Civil Engineering Associates, dated Dec. 2003
7) Sheet C-3.3, Partial Site Utility Plan, Civil Engineering Associates, dated Dec. 2003
8) Sheet C-3.3A, Partial Site Grading Plan, Civil Engineering Associates, dated Dec. 2003
9) Sheet C-4.1, Road Profile 100+00 to 115+00, Civil Engineering Assoc, dated Dec. 2003
10) Sheet C-4.2, Road Profile 200+00 to 812+00, Civil Engineering Assoc, dated Dec. 2003
11) Sheet C-5, Sewer Profile 500+00 to 564+00, Civil Engineering Assoc, dated Dec. 2003
12) Sheet C-6, Pump Station Plan & Details, Civil Engineering Associates, dated Dec. 2003
13) Sheet C-7, Pump Station Specifications, Civil Engineering Associates, dated Dec. 2003
14) Sheet C-8, Water and Sewer Details, Civil Engineering Associates, dated Dec. 2003
15) Sheet C-9, Roadway and Drainage Details, Civil Engineering Assoc, dated Dec. 2003
16) Sheet C-10, Specifications, Civil Engineering Associates, dated Dec. 2003
17) Sheet C-11, Specifications, Civil Engineering Associates, dated Nov. 2003
18) Sheet C-12, Specifications, Civil Engineering Associates, dated Nov. 2003
19) Sheet C-13, Erosion Control Plan, Civil Engineering Associates, dated Dec. 2003
20) Sheet C-14, Erosion Control Details & Specs., Civil Engineering Assc., dated Nov. 2003
21) Sheet L-0, Site Context Plan & Section, The Burley Partnership, dated Dec. 17, 2003
22) Sheet L-1, Illustrative Site Plan, The Burley Partnership Inc., dated Dec. 18, 2003
23) Sheet L-2, Landscape Plan – NE Corner, The Burley Partnership., dated Dec. 18, 2003
24) Sheet L-3, Landscape Plan – East Central Area, The Burley Partnership, dated Dec. 18, 2003
25) Sheet L-4, Landscape Plan – SE Corner, The Burley Partnership, dated Dec. 18, 2003
26) Sheet L-5, Landscape Plan – NW Corner, The Burley Partnership, dated Dec. 18, 2003
27) Sheet L-6, Landscape Plan – West Center Area, The Burley Partnership Inc., dated Dec. 18, 2003
28) Sheet L-7, Landscape Plan – SW Corner, The Burley Partnership, dated Dec. 18, 2003
29) Sheet L-8, Landscape Plan – Residential Care Garden & Residential Care Entrance Garden, The Burley Partnership Inc., dated Dec. 18, 2003
30) Sheet L-9, Typical Planting – Cottage Unit, The Burley Partnership, dated Dec. 18, 2003
31) Sheet L-10, Planting Schedule & Details, The Burley Partnership, dated Dec. 18, 2003
32) Sheet ADD-1, Cottage O/P Floor Plan, The Burley Partnership Inc., dated Dec. 18, 2003
33) Sheet ADD-2, Cottage Q Floor Plan, The Burley Partnership Inc., dated Dec. 18, 2003
34) Sheet ADD-3, Duplex Cottage Elevations, The Burley Partnership, dated Dec. 18, 2003
35) Sheet ADD-4, Cottage Site Sections, The Burley Partnership Inc., dated Dec. 18, 2003
36) Sheet ADD-5, Long Term Care Addition Perspective, The Burley Partnership Inc., Dec. 18, 2003
37) Sheet ADD-6, Long Term Care Floor Plan, The Burley Partnership, dated Dec. 18, 2003
38) Sheet ADD-7, Basement Floor Plan, The Burley Partnership Inc., dated Dec. 18, 2003
39) Sheet ADD-8, Long Term Care Elevations, The Burley Partnership, dated Dec. 18, 2003
40) Sheet ADD-9, Long Term Care Section, The Burley Partnership, dated Dec. 18, 2003
41) Sheet ADD-10, Elevator Building – Plan, Sections and Elevations, The Burley Partnership Inc., Dated Dec. 18, 2003
42) Sheet ADD-11, Community Care Renovations, The Burley Partnership Inc., Dated Dec. 18, 2003
43) Sheet DD-ES1, Site Plan – Lighting, The Burley Partnership Inc., Dec. 16, 2003 (Progress Print)
44) Sheet DD-ES1a, Site Plan – Lighting – Point by Point Display, The Burley Partnership Inc., Dated Dec. 16, 2003 (Progress Print)
45) Sheet DD-ES1b, Site Plan – Lighting – ISO Footcandle Display, The Burley Partnership Inc., Dated Dec. 16, 2003 (Progress Print)
46) Sheet DD-ES2, Electric Utilities Plan, The Burley Partnership Inc., Dec. 16, 2003 (Progress Print)

Changes to the individual drawings that result from PUD approval by The Planning Commission that are unrelated to the use of the property as a Continuing Care Retirement Community with 212 independent living units and 83 skilled nursing beds will not require additional review by the Zoning Board of Adjustment.

2. 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.


4. APPROVAL OF MINUTES
MINUTES OF January 5, 2004
MOTION by Mr. Waltien, seconded by Mr. Koerner, to approve the minutes of January 5, 2004 as written. VOTE: unanimous (4-0); motion carried, Ms. Webster abstaining.

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

The ZBA meeting was adjourned at 8:30 p.m.

Minutes respectfully submitted by Kathlyn Furr, Recording Secretary.


_________________________________ _________________________________
Thomas Koerner, Chair Milton Edelman

_________________________________ _________________________________
Steve Waltien Boris Funtow


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