Zoning Board of Adjustment Minutes

TOWN OF SHELBURNE
ZONING BOARD OF ADJUSTMENT
MINUTES OF MEETING
MAY 3, 2004

MEMBERS PRESENT: Tom Koerner, Chairman; Steve Waltien, Milton Edelman, Boris Funtow. (Absent: Gwen Webster).
STAFF PRESENT: Brian Bigelow, Zoning Coordinator
Kathlyn Furr, Recording Secretary.
OTHERS PRESENT: Don Buermann, Beverly Remick, Noreen Duross, George Duross, Skip Hoechner, Roger Bogue, Steve Morris, Perry Rianhard, Michael Burke, Lorraine Farrell, John Holt, David Grayck, Kirsten Booth, Kelly Thomas, Robert Bouchard, George Schiavone, Linda Schiavone, Bill Rockford, Liam Murphy, Sherry Senior, Gillian Senior, Lin Stone, Steve Feldman, Mary Jarrett, David Carroll, Rob Donahue (Shelburne News), and others

1. CALL TO ORDER
Mr. Koerner, Chairman, called the meeting to order at 7:06 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, pointing out with only four Board members present, a tie vote (2-2) would be a denial. Applicants can elect to delay their hearing until a full board is present.

2. NEW BUSINESS
CU/04-05: Application by Donald and Joanne Buermann for modifications to a noncomplying structure, at 44 Green Hills Drive in the Residential 1 District; approval is required under §1620.2.2 of the Shelburne Zoning Bylaws
Donald Buermann, owner, appeared on behalf of the application.

STAFF NOTES
Mr. Koerner reviewed the request for modification to a noncomplying house in the R-1 district.

APPLICANT COMMENTS
Mr. Buermann explained the submitted conditional use application for changes to an existing house included a new entry on the front, a 9’x 6’ open porch with a railing and roof, and three additional steps. The porch and steps were 37 feet from the front line of the house, which left a 28 foot setback versus a 30-foot setback. The proposed steps were in the same footprint of the existing steps. The existing steps were disintegrating.

Mr. Bigelow stated that photographs of the existing structure were on file in the Assessor’s office and were examined. There were no issues.

PUBLIC COMMENT
There were no public comments.

DELIBERATION/DECISION
CU/04-05: Application of Donald and Joanne Buermann for modifications to a noncomplying structure, at 44 Green Hills Drive in the Residential 1 District; approval is required under §1620.2.2 of the Shelburne Zoning Bylaws
MOTION by Mr. Waltien, seconded by Mr. Edelman, to approve the request for Conditional Use approval for modifications to a noncomplying structure at 44 Green Hills Drive to replace a front porch and steps that measure 28 feet to the front line subject to the conditions per the staff report as follows:
1. The site improvements shall comply with the site plan, prepared by the applicant, Donald Buermann, date stamped April 9, 2004, which were submitted with the Conditional Use application and approved by the Board during the public hearing on May 3, 2004 as amended.
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).
VOTE: unanimous (4-0); motion carried.

CU04-06: Application by Rice Lumber Company Inc. for modifications to a noncomplying structure to include additional retail space at 4188 Shelburne Road in the Residential/Commercial District; approval is required under §1620.2.2 and §820.10 of the Shelburne Zoning Bylaws
Michael Burke, P.E., Krebs and Lansing Consulting Engineering, appeared on behalf of the application.

STAFF REPORT
Mr. Koerner reviewed the request to expand existing retail space at Rice Lumber.
No changes to the site were proposed other than the interior and exterior renovations required to convert an employee break area into 600 square feet of retail floor space.

APPLICANT COMMENTS
Mr. Burke reviewed the proposal to convert 600 square foot of space to display area. There were no additions planned to the existing 1930s era structure. A door would be replaced, wood siding repaired, and down shielded lighting installed. There would be no increase in traffic. The subject property was Building #6 located west of the office space. The retail space would operate the same hours as currently.

Mr. Funtow asked for clarification regarding parking tallies. Mr. Burke replied that existing spaces were identified and a projection made that four additional spaces were needed. Currently, there were 51 parking spaces on site (a total of 42 were needed).

Mr. Koerner asked if 600 square feet of retail space would be adequate. It was noted only three-fourths of the area would be used with one-fourth left for expansion.

PUBLIC COMMENT
There were no public comments.

DELIBERATION/DECISION
CU04-06: Application by Rice Lumber Company Inc. for modifications to a noncomplying structure to include additional retail space at 4188 Shelburne Road in the Residential/Commercial District; approval is required under §1620.2.2 and §820.10 of the Shelburne Zoning Bylaws
MOTION by Mr. Waltien, seconded by Mr. Edelman, to approve the request for Conditional Use approval under Article XVI, Residential Commercial District to expand the existing retail (§820.10) portion of Rice Lumber with no changes to the site proposed other than the interior and exterior renovations required to convert an employee break area into 600 square feet of retail floor space subject to the conditions as set forth in the staff report as follows:
1. The site improvements shall comply with the site plan, prepared by Krebs & Lansing Consulting Engineers, Inc., dated stamped April 8, 2004, which was submitted with the conditional use application and approved by the Board during the public hearing on May 3, 2004, as amended.
2. Additional retail space shall be limited to 600 square feet in the east side of Building #6.
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.

CU04-07: Application by Pizzagalli Investment Co., (owners) and Skipco Inc. (applicant) for approval of an automotive repair and sales facility at 75 Northside Drive in the Commerce & Industry District; approval is required under §1020.2, §1020.12 and §1020.14 of the Shelburne Zoning Bylaws
Skip Hoechner, agent, appeared on behalf of the application.

STAFF REPORT
Mr. Koerner reviewed the request for an automotive repair and sales facility under Article X Commerce and Industry District, specifically §1020.2 (Auto and machinery repair), §1020.12 (Vehicles sales and repair facility) and §1020.14 (Multiple uses when one or more of the uses are a conditional use) of the Shelburne Zoning Bylaws. The request was multiple Conditional Uses.

APPLICANT COMMENTS
Mr. Hoechner explained that Lot 9 (Northside Drive property) would be purchased from Pizzagalli for the proposed expansion of a towing business (Tailhook). A previously approved plan (Applicant: Rick LePage) included installation of a road, parking areas and buildings. Increases in the proposed building size and parking area were submitted on copy of the 1989 LePage site plan modified by the applicant.

Mr. Edelman asked for clarification regarding the proposed auto sales and machine repair business. Mr. Hoechner explained the business, Tailhook, was a truck towing and repair shop located at 793 Shelburne Road. Mr. Hoechner planned to expand and move a portion of the business to the new 10,000 square foot facility. The facility was a repair shop, not a show room or body repair shop. Repairs would be open to the general public. Towed vehicles could go to one of the two sites. Hours of operation were Monday through Friday 7:00 a.m. to 5 p.m. or 6:00 p.m., with 24-hour service. Mr. Edelman expressed concern regarding the impact of idling engines at night.

There was lengthy discussion regarding the location of the proposed buildings relative to setbacks and neighbors’ homes, screening of the parking lots from the residential neighborhood (Mr. Hoechner said the lot was a heavily wooded and the only opening was an existing farm road and a pond area), and lighting proposed (four parameter lights proposed on the exterior of the building and three road lights).

Mr. Funtow asked if the proposal was an approved PUD. Mr. Bouchard with Pizzagalli said the application is not a part of a PUD, but was an individual lot. Mr. Funtow noted that a more definitive site plan was required versus the pen/ink changes presented. Mr. Hoechner explained that the site plan was approved previously and the changes proposed were minor. The Zoning Coordinator was contacted regarding the best way to proceed and it was decided that an application could be submitted without incurring engineering expense as a preliminary step. Mr. Hoechner said he would be willing to work with an engineer regarding drawings and the criteria as requested. Mr. Koerner said the previous plan was dated 1989. A conditional use review creates a forum for interested parties to respond to proposals. It appears the building was doubling in size, which was not a minor revision.

PUBLIC COMMENT
A resident noted that there was a class 2 wetland located on the lot. Mr. Koerner said that a better schematic that included setbacks, the proposed road, pond, and building changes was needed. Also, the character of the area needed to be addressed.

Mr. Merrill, neighbor, asked if the proposed driveway would be located on the south side of the cul-de-sac. Mr. Hoechner replied the road entrance was gated and trees would screen the property. Mr. Merrill asked about permitting requirements for landscaping, lighting, etc.

Mr. Thompson asked if the facility could be moved to the front of Northside Drive versus as shown on the proposed setback. Mr. Hoechner said that there was a 150 foot setback and a no build zone. Mr. Hoechner showed the proposed location of buildings on the 1989 LePage site map. There was a buffer zone of natural growth or fencing between the proposed building and the residential neighborhood, noted Mr. Hoechner.

In response to further questions regarding lighting and concerns for potential vandalism at the site, Mr. Hoechner explained the location of lights on the building. It is not felt anyone would go into the remote area. The Shelburne Police Department provided excellent service to the Town.

A resident of Hullcrest Park mentioned the proposed bike path from Hullcrest to Webster Road could pass through the lot. Mr. Hoechner expressed support for bike paths and would be pleased to consider a path through the area.

Mr. Duross, Pinehurst, said his bedroom was close to the proposed business and asked about hours of operation. Mr. Hoechner reiterated that the business would be closed on Sundays, but would operate from 7:00 a.m. to 12:00 p.m. on Saturdays. Weekday operations were 7:00 a.m. to 5:00 p.m. The residents would not hear noise if there was a truck inside the facility. Mr. Duross expressed concern for noise and fumes as well as parking issues. Mr. Hoechner stated that he was not giving up the other location and could work around the neighbors’ concerns. Vehicles could be taken to the Shelburne Road facility after hours.

Ms. Thomas, Hedgerow Drive, expressed concerns that included bright security lights, barbed wire fences, and noisy diesel trucks during the evening. Mr. Hoechner reiterated that in the evening, he would use the other facility. During the day there would be trucks going in and out. Mr. Koerner pointed out that there were performance standards in the zoning regulations.

There were other concerns expressed regarding inadequate screening provided by the existing trees, noise from existing businesses that included ringing phones at Al Martin, and Route 7 traffic noise. Mr. Duross stated that trees were not a sufficient noise barrier. Mr. Koerner said the applicant would need a plan for noise abatement. Mr. Hoechner suggested planting cedar trees as infill with the existing trees. It was not likely a barrier wall could be installed but berms could be proposed.

In response to concerns regarding impacts to a wildlife corridor, Mr. Bouchard said the applicant would go through the Act 250 process, which would address wetlands determination and wild life.

Truck fumes were a concern as well. Ms. Farrell asked what pollution or chemicals would be generated when large trucks were worked on. Mr. Hoechner stated the business was not an auto repair business. There would be no oil changes inside the facility and there should be no (chemical) residual impact. There may be exhaust smoke from trucks potentially, but federal standards would be met. The business worked with full sized tractor trailers, and picked up disabled trucks and transported them to various locations as needed. There were days when two trucks were on the road and no trucks were taken into the facility or there could be 15-20 vehicles. Ms. Farrell asked for figures from the current business for a comparison or expectation of the level of activity. Mr. Hoechner explained he would maintain the space at 793 Shelburne Road off Austin Drive, and has the ability to work around the neighbors’ concerns. The proposal would be a facility large enough to conduct business inside, which would reduce the noise. Regarding traffic, people are not encouraged to come and work on cars.

Mr. Perry asked if the applicant was transporting incapacitated trucks versus impounded trucks. Mr. Hoechner explained that it was a combination of work (police department, insurance companies, traffic accidents, etc.) Towing was the major part of the proposal (Rick LePage). Mr. Hoechner is looking to do a bigger operation up front versus coming back with changes at a later time. There were no gas pumps on site. Insurance companies picked up the car wrecks, so they were not stored on site usually.

DELIBERATION/DECISION
CU04-07: Application by Pizzagalli Investment Co., (owners) and Skipco Inc. (applicant) for approval of an automotive repair and sales facility at 75 Northside Drive in the Commerce & Industry District; approval is required under §1020.2, §1020.12 and §1020.14 of the Shelburne Zoning Bylaws
Mr. Koerner announced the Board would continue the public hearing on the application (CU04-07 – Pizzagalli Investment Co./Skipco Inc.) until the next meeting (June 7, 2004). The applicant was instructed to submit a site plan that included the measurements of the proposed building, a lighting plan, landscaping plan, a berm for noise abatement, location of the building, driveway, and screening plan. Mr. Koerner explained the approval process could include conditions ensuring the safety of the neighborhood.

Mr. Grayck asked if it was possible to review any additional information to be filed a week before the next hearing. Mr. Waltien suggested Mr. Grayck call the Zoning Administrator.

In response to concerns regarding pollution from the trucks, Mr. Koerner said the Board may conduct a site visit and requested that the building location be staked out.

Ms. Duross asked if the neighbors would get to review the proposed building, including design, windows, etc. Mr. Hoechner replied yes.

CU04-08: Application by John and Barbara Giebink for approval to expand a noncomplying structure at 357 Ordway Shore Road in the Rural 1 District and the Lake shore and Floodplain Overlay Districts; approval is required under §1620.2.2 and.2 of the Shelburne Zoning Bylaws
John Giebink, owner, appeared on behalf of the application.

STAFF REPORT
Mr. Koerner read the staff report on the request for Conditional Use approval for expansion of a noncomplying residential structure in the Rural 1 District, the Lake Shore Overlay District, and the Floodplain and Watercourse Overlay District. Mr. Koerner reviewed a brief history of the property regarding a conditional use approval from 1992. Of importance was a 2,000 cubic foot difference in volume calculations involving the 1992 application. The applicant has agreed to a 17,875 cubic foot volume for the current application “…to avoid a disagreement over the volume calculation for the original Snyder camp…”.

APPLICANT COMMENTS
Mr. Giebink confirmed his agreement to use the 17,875 cubic foot measurement. Mr. Giebink reviewed the property location on Lake Champlain, off Ordway Road, and submitted photographs of the former Snyder renovation (previously a camp that was torn down in 1996). Also shown were current photographs of the house that was built on the same footprint of the camp. There were two issues discussed that included the volume of the original camp and the proposed expansion of the current home. The Janson property, neighbors on the north side of the subject property, was located 90 feet away. The previous application was withdrawn due to a disagreement on volume differences. The current proposal was for a smaller Lake Cottage design renovation. Mr. Giebink reviewed the following:
• Removal of the existing roof and replacing it with a new cottage design.
• A one-story addition to the south end kitchen.
• Natural cedar shingle siding, asphalt shingle, and post and beam construction.
• The proposal was for a building on the existing foundation with the one small addition.
• The applicant had met with the Feldman’s.
• The existing site stays the same.
• No screened or glassed in porch was planned nor would the applicant come in the future for a porch.
• Bedrooms would change from four to three. There was approval for a four-bedroom septic. Water service was the municipal system.
• An existing deck would be removed and replaced with a blue stone patio and landscaping. The outside edge of the proposed patio would be the same as the existing deck. The exterior wall of the house would remain the same.
• Posts would anchor the roof overhang versus a free-floating overhang.

Mr. Koerner asked if Mr. Giebink had computed the volume calculations. Mr. Giebink confirmed this.

PUBLIC COMMENT
Attorney Murphy, representing Ellen Janson, noted that there was a 170 cubic foot difference between the volume calculations of the 1996 calculation of 17,865 c.f. by Richard Janson and 17,695 c.f. as measured by Richard Janson’s son who is an architect but that this difference did not appear to exceed the 50% limitation. Also, the previous application proposed a plan for a garage and a separate application for changes in the landscaping. In the Lakeshore Overlay District, the overall development of the lot must be considered. Attorney Murphy provided photographs of the pre-Snyder renovation for review, and pointed out trees and landscaping for the camp. Attorney Murphy requested that the Board conduct a site visit to view lot coverage and trees/landscaping for a comparison of “then and now” related to the Town Plan. The site today is dramatically different with the addition of a garage, removal of trees, and landscaping. Mr. Waltien asked how a comparison between 1980 and 1996 would make a difference. Attorney Murphy explained that there was a big difference in the lot between 1996 and today. The incremental changes, such as allowing clearing for a garage and house renovations adds up. Mr. Waltien asked why there had not been a petition to the Town if there were violations (if part of the approval was preservation of landscaping, then that would be a violation). Attorney Murphy said that the Board should look at the pictures, then the trees near the house could be protected. Mr. Koerner asked if the concern was an enforcement issue. Attorney Murphy answered no, but the Board should look at and limit the area of construction and limit cutting of trees. The applicant’s plan does not indicate landscaping, stated Attorney Murphy. Mr. Giebink pointed out that there were no trees in the area of the proposed one-story addition. The lot coverage was less than 10 percent including all structures.

DELIBERATION/DECISION
CU04-08: Application by John and Barbara Giebink for approval to expand a noncomplying structure at 357 Ordway Shore Road in the Rural 1 District and the Lake shore and Floodplain Overlay Districts; approval is required under §1620.2.2 and.2 of the Shelburne Zoning Bylaws
Mr. Bigelow suggested keeping the hearing open for acceptance of new information. Mr. Koerner said the public hearing regarding the Conditional Use application, CU04-08, John and Barbara Giebink, 357 Ordway Shore Road would be continued to the June 7, 2004 meeting. The possibility of scheduling a Site Visit in the interim will be discussed later and Staff would pass that information on to the interested parties.

CU04-09: Application by Gillian and Sherry Senior (owners) and Lin Stone (applicant) for Conditional Use and Variance approvals for a retail establishment (§920.8) in a non complying structure (§1620.2.2) at 52 Harbor Road in the Village and Village Design Review Overlay Districts; variances are required for lot area (§930.2.b)
Gillian Senior and Sherry Senior, owners, appeared on behalf of the application.

STAFF REPORT
Mr. Koerner reviewed the Conditional Use request for retail space in a noncomplying structure on an undersized lot. Variances were warned for lot area, lot frontage, front yard and side yard setbacks.

Mr. Bigelow explained the property was a two-family dwelling that pre-dates zoning. Setbacks for a two-family dwelling are the same as for retail. A two family dwelling has a lesser lot frontage requirement than retail (100 feet versus 150 feet). The applicant has 88 feet of frontage on Harbor Road.

APPLICANT COMMENTS
Ms. G. Senior explained the plan is to relocate and expand an existing toy store (Jamie Two-Coats). The proposal would change a rental unit into commercial space. Currently, there were two rentals, one on the first floor and one on the second floor. The second floor would remain a rental unit. No changes were planned to the interior or exterior. Parking was proposed between trees in the front yard. Parking calculations were based on 1,000 square feet of retail space. Hours of operation were 10:00 a.m. to 5:00 p.m., Monday through Saturday, closed on Sunday. It was noted the Jamie Two-Coats Toy Store was an existing business operating on the property immediately to the East.

Mr. Koerner said parking was an issue. Ms. G. Senior said there was an upper garden and lower garden area; the upper garden would be leveled for parking. The circular driveway would not be changed. Mr. Waltien noted that the existing two-car garage was for tenant use. Mr. Koerner said parking under the trees was not good for the trees, and suggested shared parking. Ms. G. Senior said that currently three businesses shared parking at Spillane’s gas station.

Mr. Bigelow said that based on pre-existing conditions the applicant could be said to not be increasing the degree of nonconformance on all dimensional requirements except Lot Frontage. Ms. G. Senior said the front yard measured more like 98 feet.

PUBLIC COMMENT
There were no public comments.

DELIBERATION/DECISION
CU04-09: Application by Gillian and Sherry Senior (owners) and Lin Stone (applicant) for Conditional Use and Variance approvals for a retail establishment (§920.8) in a non complying structure (§1620.2.2) at 52 Harbor Road in the Village and Village Design Review Overlay Districts; variances are required for lot area (§930.2.b)
Mr. Koerner said the Board would discuss the application request further in Deliberative Session.

3. DELIBERATIVE SESSION

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

The Board entered Deliberative Session at 9:35 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 10:50 p.m.

Ch. Koerner summarized the results of the deliberative session as a decision to move the Thomas/Clayton application and the Senior/Stone applications and to hold a Site Visit at the Giebink’s Ordway Shore property. Staff is to contact Mr. Giebink and Mr. Murphy with a proposal to meet on Site for 5:30 on May 17, 2004. In addition Staff to request that Mr. Giebink, provide a site plan that clarifies existing and proposed footprints, tag trees that are proposed to be removed, and stake the corners of the “bump out” on the West side.

4. DECISIONS

MOTION by Mr. Funtow, seconded by Mr. Waltien, to approve the variance request portion of application CU/V04-04 by Marvin and Sue Thomas and Kevin Clayton.

VOTE: Motion failed by a vote of 0-4 (unanimous).

MOTION by Mr. Waltien, seconded by Mr. Koerner, to approve the conditional use portion of application CU/V040-04 by Marvin and Sue Thomas and Kevin Clayton.

VOTE: Motion failed by a vote of 0-4 (unanimous)

MOTION by Mr. Koerner, seconded by Mr. Funtow, to approve the variance request portion of application CU/V04-09 by Gillian and Sherry Senior and Lin Stone.

VOTE: Motion failed by a vote of 0-4 (unanimous).

MOTION by Mr. Waltien, seconded by Mr. Koerner, to approve the conditional use portion of application CU/V04-09 by Gillian and Sherry Senior and Lin Stone.

VOTE: Motion failed by a vote of 0-4 (unanimous)

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

The ZBA meeting was adjourned at 11:05 p.m.

Minutes respectfully submitted by Kathlyn Furr, Recording Secretary.


_________________________________ _________________________________
Thomas Koerner, Chair Milton Edelman

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Steve Waltien Boris Funtow

Copies:
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Town Clerk
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TOWN OF SHELBURNE
ZONING BOARD OF ADJUSTMENT
MINUTES OF MEETING
MAY 17, 2004

MEMBERS PRESENT: Tom Koerner, Chairman; Steve Waltien, Gwen Webster, and Boris Funtow. (Absent: Milton Edelman).
STAFF PRESENT: Brian Bigelow, Zoning Coordinator.
OTHERS PRESENT: John Giebink, Liam Murphy and Ellen Janson.

Mr. Koerner, Chairman, called the meeting to order at 5:32 p.m.

The meeting consists of a Site Visit to the John and Barbara Giebink property at 357 Ordway Shore Road as part of Zoning Board of Adjustment review of application CU04-08. Specifically the application is for Conditional Use approval to expand a noncomplying structure at 357 Ordway Shore Road in the Rural 1 District and the Lake shore and Floodplain Overlay Districts; approval is required under §1620.2.2 and §1330.1.2 of the Shelburne Zoning Bylaws.

John Giebink, owner, appeared on behalf of the application. Mr. Giebink explained that in response to the Zoning Board of Adjustment’s request for additional information he had staked out the expanded foot print of the proposed 1-story kitchen, and had prepared a new site plan that more clearly showed the existing and proposed footprints. Note was made of septic system components that would have to be relocated. Mr. Giebink identified two trees that would have to be removed for the project to occur and a third tree between the project area and Ms. Janson’s property that was only being held up by another tree.

The property line between the Giebink property and the Janson property was walked. While the source and age of existing brush piles was not agreed upon, Mr. Giebink agreed that existing brush piles in that area would be chipped up as part of the project.

The ZBA meeting was adjourned by consensus at 6:02 p.m.

Minutes respectfully submitted by Brian Bigelow, Zoning Coordinator.

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Thomas Koerner, Chair Gwen Webster

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Steve Waltien Boris Funtow

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Owners
Town Clerk
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