Zoning Board of Adjustment Minutes

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

MEMBERS PRESENT: Tom Koerner, Chairman; Steve Waltien, Gwen Webster, Boris Funtow (absent: Milton Edelman).
STAFF PRESENT: Brian Bigelow, Zoning Administrator.
Kathlyn Furr, Recording Secretary
OTHERS PRESENT: Marvin Thomas, Bruce Righi, Virginia Righi, Mike Lynch, Joanne Palmisano, Randolph Rowland, Kevin Clayton, 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. Mr. Koerner explained the deliberative process and pointed out with only four Zoning Board members in attendance, a tie (two ayes, two nays) vote could result in a denial. Applicants can elect to delay their hearing until a full board is present. The application by Linda Barnable, 242 Pine Haven Shores, has been withdrawn.

2. NEW BUSINESS
CU/V97-07R1, JTL Holdings, 4281 Shelburne Road: Request for Conditional Use review and approval under Article XVI, General Regulations, Section 1620.2.2, Noncomplying Structures to expand a noncomplying structure; expansion is limited to a 12’ (H) x 9’ (L) x 5’(W) overhang
Bruce Righi, agent, appeared on behalf of the application.

STAFF REPORT
Mr. Bigelow clarified the request required a conditional use because the building is a noncomplying structure, and the 1997 variance approval is being revised.

APPLICANT COMMENTS
Mr. Righi explained the 4281 Shelburne Road property has an existing awning facing south. The awning would be enlarged to 5’ x 9’ from 4’ x 8’. Otter Creek will construct a stick built awning rather than the existing cloth awning. Ground lighting and parking spaces will remain the same. No comments from neighbors were received. The two lots shown on the site plan were previously divided.

Mr. Funtow requested that the proposed change be more noticably highlighted and dated on the site plan for clarity.

PUBLIC INPUT
There were no public comments.

DELIBERATION/DECISION
CU/V97-07R1, Conditional Use and Revision to Variance to add porch awning to building at 4281 Shelburne Road, JTL Holdings
MOTION by Mr. Waltien, seconded by Ms. Webster, to approve the Conditional Use request for CU/V97-07R1, 4281 Shelburne Road, JTL Holdings, under Article XVI, General Regulations, Section 1620.2.2, Noncomplying Structures to expand a noncomplying structure with the expansion limited to a 12’ (H) x 9’ (L) x 5’ (W) overhang, subject to conditions in the Staff Report, and to update the proposed site plan highlighting and dating the change. VOTE: unanimous (4-0); motion carried.

CU/V03-08R1, Lake Champlain Yacht Club, Inc., 2790 Harbor Road: Request for Variance and Conditional Use review and approval under Section 1620.2.2 for expansion of a noncomplying structure; specifically a ramp and handrail proposed as a second means of access to the existing landing (presently, the landing may only be accessed by a stairway described by applicant as “steep”)
Randolph Rowland and Mike Lynch, agents, appeared on behalf of the application.

STAFF REPORT
Mr. Koerner read the request for expansion of a noncomplying structure that included a ramp and handrail. Mr. Bigelow explained that much of the Staff Report was related to the presence of the proposal within the floodplain and that the Applicants had addressed the issue by obtaining review and approval from the State of Vermont Floodplain Management Engineer, Karl Jurentkuff.

APPLICANT COMMENTS
Mr. Rowland explained it was difficult to negotiate the steps to the ramp from yacht club to the lake. The proposal included a 4’ wide paved walkway north of the ramp to a turning point then a wooden ramp leading to the existing cement ramp to an aluminum ramp to the dock.

Mr. Koerner asked if the ramp could be placed on the south side rather than the north side. Mr. Rowland showed the proposed location of the ramp and explained the differences between the existing stairs, elevations and topographical contours of the south side versus the north side. Issues included riprap done 20 years ago, stabilization of the bank, and a mature stand of trees on the south side. Also, the south side was significantly steeper than the north side. Mr. Lynch said the north side had a natural slope that would allow placement of a ramp, and the bank was more stable. There was discussion regarding the north side yard setback, which required a variance. Mr. Funtow suggested deleting the handrails to eliminate a “structure” designation. Mr. Lynch pointed out that would leave a safety issue.

Mr. Rowland noted that Joyce Errecart, neighbor, had sent in a letter saying the railings did not disturb her.

Mr. Funtow asked if the ramp could be considered an ADA access. Mr. Funtow read the requirements for an ADA exemption. Mr. Lynch stated the slope was too steep; the purpose of the ramp was to roll carts all the way to the dock.

PUBLIC INPUT
There were no public comments.

DELIBERATION/DECISION
Mr. Koerner stated the Board will consider the application in Deliberative Session.

CU/V04-04, Marvin and Susan Thomas, 5115 Shelburne Road: Request for Conditional Use approval for a retail establishment designed to sell to the general public (§920.8) in a noncomplying structure (§1620.2.2); a portion of the business will be a coffee shop (§920.12); variances are required for lot area (§930.1.a), lot frontage (§930.1), front yard (§930.2.a) and side yard (§930.2.b) setbacks; the property is in the Village and Village Design Review Overlay Districts
Marvin Thomas, landowner, and Kevin Clayton, applicant, appeared on behalf of the application. Ms. Webster recused herself.

STAFF REPORT
Mr. Koerner noted that there were three Board members to hear the application. A unanimous vote would be necessary for an approval. The applicant has the option to wait until there were four members present. Mr. Koerner read the request for a retail wine shop and a portion of space as a coffee shop. Issues included a change from residential to commercial use. Setback requirements were different for commercial uses (30’ vs. 15’)

APPLICANT COMMENTS
Mr. Thomas reviewed that the property falls within a mixed use residential/commercial area. There was an existing publishing business as a home occupation in the area (Kenny’s). An application was submitted to the State regarding ingress/egress, and a response has been received saying the proposal meets all requirements for widening the curb cut. The wine shop was retail. The coffee shop would offer drinks, but not be a bakery or restaurant. The proposal included 328 square feet for the retail business with the potential of an additional 90 square feet in the future. The coffee area would have three tables and twelve chairs. Parking space requirements would be met with nine parking spaces. Businesses in the village area were taking over residential use, and the proposal complies with zoning requirements for mixed use, stated Mr. Thomas.

It was noted that an interior floor plan was needed and should indicate the retail and coffee shop seating square footage allocation. Mr. Clayton submitted a drawing of the existing floor plan. The existing kitchen would be used as a coffee/drink service area and the living room would be retail. House dimensions were 28’ x 28’ with 1,050 square feet on the first floor. There were two bedrooms upstairs that will be utilized as office space. The retail use was two-thirds of the first floor space. No additions were proposed to the existing structure.

Mr. Funtow asked for clarification regarding deed restrictions that limited the property to residential use. Mr. Thomas replied that the restriction was a court (legal) matter. Mr. Funtow asked for clarification regarding variances. Mr. Bigelow reported that the only comments received were from a neighbor and the previous owner and were mostly related to the deed.

Mr. Koerner asked if traffic was expected at 100 cars per day. Mr. Bigelow said the Police Chief has reservations regarding access, but the applicant has room to improve the access and has obtained preliminary approval from the Agency of Transportation.

Mr. Funtow suggested the Board review history regarding smaller lot use (in the area).

PUBLIC INPUT
There were no comments from the public.

DELIBERATION/DECISION
CU/V04-04, Marvin and Susan Thomas, 5115 Shelburne Road: Request for Conditional Use approval for a retail establishment designed to sell to the general public
Mr. Koerner stated the Board will consider the application in Deliberative Session.

Ms. Webster returned to the Zoning Board.

3. APPROVAL OF MINUTES (3/8/04) AND OTHER BUSINESS
MOTION by Mr. Waltien, seconded by Ms. Webster, to approve the minutes of 03/08/04 as written. VOTE: unanimous (4-0); motion carried.

The Findings of Fact documents for the Buono Appetito application were signed by the Board.

DELIBERATIVE SESSION/ADJOURNMENT

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

The Board entered Deliberative Session at 7:35 p.m.

MOTION by Mr. Waltien, seconded by Mr. Funtow, 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 8:20 p.m.

Ch. Koerner summarized the results of the deliberative session as a decision to move the applications of the Lake Champlain Yacht Club and that the Thomas/Clayton application would be considered again at the May meeting.

DELIBERATION/DECISION

MOTION by Mr. Waltien, seconded by Mr. Funtow, to approve the variance request portion of CU/V03-08R1 by Lake Champlain Yacht Club Corporation for an expansion of a noncomplying structure; specifically a ramp and handrail proposed to expand into the sideyard setback area.

VOTE: Motion failed by a vote of 1-3 (Ms. Webster in favor. Mr. Koerner, Mr. Waltien and Mr. Funtow opposed).

MOTION by Mr. Waltien, seconded by Ms. Webster, to approve the conditional use portion of CU/V03-08R1 by Lake Champlain Yacht Club Corporation for review and approval to expand a noncomplying structure; specifically a ramp and handrail if redesigned to not encroach into a setback area, subject to the following conditions:

1. The site improvements shall comply, in general, with the drawing entitled North Ramp, Lake Champlain Yacht Club, dated February 12, 2004, that was reviewed by the Board during the public hearing on April 5, 2004. Modifications to the drawing that eliminate encroachment into the sideyard setback area will not require further review by the Zoning Board of Adjustment.
2. Prior to issuance of a building permit, a plan shall be submitted showing how existing trees and ground cover within the lakeshore setback area would be preserved, maintained and supplemented by selective cutting, transplanting and the addition of new trees, shrubs and ground cover in order to provide a visual buffer from the lake and an absorption area for erosion prevention.
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: Motion passed by a vote of 4-0 (unanimous)

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

The ZBA meeting was adjourned at 8:35 p.m.

Minutes respectfully submitted by Kathlyn Furr, Recording Secretary.

Thomas Koerner,

Chair Gwen Webster


Steve Waltien

Boris Funtow

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