Zoning Board of Adjustment Minutes

TOWN OF SHELBURNE
ZONING BOARD OF ADJUSTMENT
MINUTES OF MEETING
JUNE 7, 2004

MEMBERS PRESENT: Tom Koerner, Chairman; Steve Waltien, Gwen Webster, Boris Funtow. (Absent: Milton Edelman).
STAFF PRESENT: Brian Bigelow, Zoning Administrator.
OTHERS PRESENT: Whip Burks, Gerry Russo, Frank Califano, Andrew Rowe, Katie Camardo, Ann Lamb, Sally Martel, Robert Miller, Dana Farley, Wendy Smith, Jan Thabault, Phyllis McEntee, Gregg Beldock, Ellen Janson, Liam Murphy, Caslowitz, Wendy Smith, Jan Thabault, Phyllis McEntee, Rob Donahue (Shelburne News); and others

1. CALL TO ORDER
Tom Koerner, Chairman, called the meeting to order at 7:05 p.m. and noted that Deliberation/Decisions may be conducted at the end of the hearing. Mr. Koerner explained the deliberative process, pointing out with only four Board members in attendance, a 2-2 (tie) vote would result in a denial. Applicants can elect to delay their hearing until a full board is present.

2. NEW BUSINESS
CU/04-10: Application of Vermont Teddy Bear Co., Inc., URSA (VT) QRS 1230, Inc. and Miller Realty Group, LLP for a warehouse or storage facility, at 6653 Shelburne Road in the Commerce and Industry South District; approval is required under §1610, §1120.8, and §1120.13 of the Shelburne Zoning Bylaws
Andy Rowe, agent, appeared on behalf of the application.

STAFF REPORT
Mr. Koerner read the written Staff Report on the request for conditional use approval in the Commercial/Industrial South district. Mr. Bigelow stated that manufacturing and assembly are permitted uses. The proposed warehousing component requires a conditional use. Warehouse parking requirements are the same for manufacturing.

APPLICANT COMMENTS
Andy Rowe explained the proposal to expand an existing 60,000 square feet shipping and assembly building with the addition of a second building of 60,000 square feet. The design is a mirror of the first building. Loading docks are proposed on the west side of the building. A fire lane will be relocated to the back of the building. A gravel parking lot will wrap around the east side of the original building. Additional parking wraps around the factory building as well. The site plans have been revised to address Planning Commission comments, dated 06/01/04.

Katie Camardo explained that assembled bear inventory has been stored on-site and in a Williston warehouse, but the company has grown and more storage is required. Bears are assembled in Newport and Shelburne, and outfitted in Shelburne. The company has a pajama company as well as a flower company (vases and dried flowers) in Shelburne. Both products are packed and shipped out of Shelburne.

Mr. Rowe reviewed the revised lighting plan that includes building-mounted lights and three 16-foot pole/100 watt cut off fixture halide lights on the east. Mr. Rowe showed the light locations, proposed additional landscaping on the north berm area, and described elevations. The slope will be pushed back to make room for gravel parking. The proposed lights will be screened from Route 7. Mr. Waltien expressed concern the lights will be visible at night from the Route 7 corridor and neighboring homes. Mr. Rowe said that the proposed 100-watt lights are a lower level of lighting. The poles will be located between the two buildings and screened by landscaping. The plan is to seek the least amount of light, but still address employee safety. Lights located at the loading docks are 70-100 watt currently and under a canopy. Ann Lamb said that all the loading docks are located on the north side of the building. The hours of operation for the docks are restricted to end at 6:00-6:30 p.m., except for Mother’s Day and Valentine’s Day. The northern most of the nine docks will serve the proposed warehouse. Mr. Koerner said the proposed lighting plan remains a question. Mr. Miller said the lighting at the loading docks is 75 watts. Lights under the canopy could be 50 watts. The existing parking lot has 175-watt lights.

Mr. Funtow asked for clarification regarding the proposed fire lane in the setback area. Mr. Rowe showed the location of the buffer area, and explained the fire lane will encroach a few feet into the buffer zone. Handicap parking is eliminated and the proposed lane will have a gravel base with grass on top. The lane will be maintained. Mr. Funtow noted that the zoning bylaws specify roadways are excluded in a PUD buffer, and asked if the Planning Commission approved the fire lane proposal. Mr. Rowe said the Planning Commission scheduled a site visit, and has not commented on the fire lane proposal one-way or the other.

There was discussion regarding the proposal to increase the length of the existing berm and additional landscaping in the northeast corner near the Gables. Mr. Miller and Mr. Prout have agreed on plantings as presented for additional screening. A strip for agricultural use and drainage for the wetlands would be preserved and maintained as well.

PUBLIC COMMENTS
Sally Martel, neighbor, stated that the proposal did not cause any problems, noting the project already exists; it is too late to be concerned with lighting or a massive project. Ms. Martel asked if the proposed addition maximized the use of the property. Mr. Bigelow explained a PUD is allowed 60 percent lot coverage. The project is at 30 percent currently on 32-acres and does include parking.

DELIBERATION/DECISION
CU/04-10: Application of Vermont Teddy Bear Co., Inc., URSA (VT) QRS 1230, Inc. and Miller Realty Group, LLP for a warehouse or storage facility, at 6653 Shelburne Road in the Commerce and Industry South District; approval is required under §1610, §1120.8, and §1120.13 of the Shelburne Zoning Bylaws
Mr. Koerner said the Board will deliberate at the end of the meeting. The applicant can contact the Zoning Administrator Tuesday morning. Mr. Rowe asked if the public portion of the hearing could be continued. Mr. Koerner requested that the applicant leave the revised site plan for Board review.

CU99-19-R1: Application of Robert Lake to modify a condition imposed on a previous approval to expand a noncomplying structure at property at 440 Clearwater Road in the Residential 1 District and the Lakeshore and Flood Plain Overlay Districts; approval is required under §1620.2.2 and §1330.2 of the Shelburne Zoning Bylaws
Robert Lake, owner, appeared on behalf of the application.

STAFF REPORT
The Zoning Board of Adjustment received a Staff Report, dated 06/07/04.

APPLICANT COMMENTS
Mr. Lake explained that the north facing 9’ x 7’ garage doors on the existing garage will be relocated to the east side of the garage. Conditional use approval for renovations to the existing house was granted in 1999. A building permit was approved in 2002. (Mr. Bigelow clarified that permits expire after two years unless the applicant had spent 50 percent of the construction costs. As that level has been reached, the permit had not expired.) Mr. Lake said that the property encroachment has existed since 1945 and that situation was not changing.

PUBLIC COMMENT
Monroe Caslowitz, Clearwater Realty representative, stated two lots have a deeded 20-foot right-of-way to the lake. If the garage doors are moved to the east side, then a proposed paved driveway and garden will encroach on Clearwater Realty property. Mr. Caslowitz asked where Mr. Lake would put snow from the driveway in winter. Mr. Lake explained snow was piled at the end of the driveway on the common land. Mr. Caslowitz pointed out the area was Clearwater Realty property (private property), not association land. Mr. Caslowitz provided a copy of a supplemental order from the Chittenden Superior Court that states in part “… the road should stop at the Premo north line.” Mr. Lake said he would put snow elsewhere, and will replace a dead cheery tree with a magnolia tree. In response to a request by Mr. Caslowitz, Mr. Koerner explained the Zoning Board can not condition where snow is piled (this would be a civil issue).

The Board asked Mr. Lake to modify the submitted site plan to show the additioanl pavement. Mr. Lake added a small flowerbed and the proposed driveway to the site plan, dated 08/23/99.

DELIBERATION/DECISION
CU99-19-R1: Application of Robert Lake to modify a condition imposed on a previous approval to expand a noncomplying structure at property at 440 Clearwater Road in the Residential 1 District and the Lakeshore and Floodplain Overlay Districts; approval is required under §1620.2.2 and §1330.2 of the Shelburne Zoning Bylaws
MOTION by Ms. Webster, seconded by Mr. Funtow, to grant conditional use approval of CU99-19-R1 under §1620.2.2 and §1330.2 of the Shelburne Zoning Bylaws regarding Robert Lake property located at 440 Clearwater Road in the Residential 1 District and the Lakeshore and Flood Plan Overlay District to replace conditions imposed on the previous approval to expand a noncomplying structure with the following conditions:
1. The original configuration of the house consists of 21,956 cubic feet. Increase limited to 10,958 cubic feet. There are 20 cubic feet available for future expansion without exceeding the maximum fifty percent (50%) expansion of the outside dimensions of the original noncomplying building.
2. The site improvements shall comply with the site plan, prepared by Civil Engineering Associates entitled ROBERT LAKE SITE PLAN, Sheet 1, dated June 1999 and Figure 1 (date stamped 8/23/99), which were submitted with the conditional use application and approved by the Board during the public hearing on August 23, 1999, and as amended during the public hearing on June 7, 2004.
3. The site improvements shall comply with the house elevations shown in drawings prepared by C. Pettibon entitled LAKE HOUSE, Sheets 3, 4, and 5, undated, date stamped 8/23/99, which were submitted with the conditional use application and approved by the Board during the public hearing on August 23, 1999, with the exception of the relocation of the garage doors as shown on the North and East elevations, date stamped May 18, 2004, and as modified with the changes as presented by the applicant, dated June 7, 2004.
4. As part of the revision to the building permit, the applicant shall submit a site plan indicating the limits of site construction. The removal of trees and shrubs for this application shall only occur within the boundary of the limits of the construction plan. Other than the trees removed for construction as indicated above, trees shall not be removed from the property unless the trees are dead, damaged, or severely diseased as determined by an arborist.
5. As part of the revision to the building permit, Civil Engineering or Pettibon Architects shall supply outside dimensions (height, width and length) of the components that make up the structure. The average finished grade (established by determining the average elevations of the corners of the structure) to the peak of the roof (following the slope of the roof) shall be used when measuring the outside dimensions of the house.
6. Prior to issuance of a Certificate of Occupancy, the applicants shall submit a letter signed and sealed by the architect or engineer stating that the improvements are constructed according to the plans approved by the Town of Shelburne.
7. No alterations of surface drainage are part of this application or approval.
8. Within sixty (60) days of this approval, the property owner shall record a “MEMORANDUM OF MUNICIPAL ACTION” with the Shelburne Town Clerk’s office. Memorandum will notify interested parties of approval and conditions.
VOTE: unanimous (4-0); motion carried.

CU/V04-11: Application of Fred Koch and Ann Clark for expansion of a noncomplying structure at 521 Webster Road in the Residential 2 District; approval is required under §1610, 1620.2.2, and §630.2 of the Shelburne Zoning Bylaws
Fred Koch, owner, appeared on behalf of the application.

STAFF REPORT
The Zoning Board of Adjustment received a Staff Report, dated 06/07/04.

APPLICANT COMMENTS
Mr. Koch explained the proposed addition to an existing structure that would require an additional 8’ encroachment into the east side-yard setback. The existing structure is nonconforming with a 26’ side-yard currently. The proposal will create a larger downstairs room, which could be turned into larger bedroom in the future. The backyard setback was over 50 feet. The back section of house has a mudroom, washer/dryer and hot tub. Any alterations to the back will require a new roof line.

There was discussion regarding a potential to purchase land from the Farmstead development (Mr. Koch noted the adjacent land is a green strip, 30 feet wide, and the other side is an open field). The Koch property is part of the Farmstead PRD. There was also discussion of the possibility that a side-yard setback for a PRD might not require a variance, and self-imposed hardships relative to the variance requirements. It was noted that Mr. Koch sold one acre of a two acre parcel to the Farmstead to create the greenway. Staff will research the 1989 and 1982 PRD approvals.

Mr. Koch stated there are two surface wells located in the back of the house. The wells are capped for safety, and a sump pump is used to maintain a lower water level.

PUBLIC COMMENT
There were no comments from the public on the application.

DELIBERATION/DECISION
CU/V04-11: Application of Fred Koch and Ann Clark for expansion of a noncomplying structure at 521 Webster Road in the Residential 2 District; approval is required under §1610, 1620.2.2, and §630.2 of the Shelburne Zoning Bylaws
The application was continued until the next meeting of the Zoning Board of Adjustment.

CU/V95-16-R1: Application of Catamount/Shelburne LLC (Owner) and Ben and Jerry’s Inc., (applicant) to modify a condition imposed on a previous approval to establish additional unscreened outdoor seating at property located at 4066 Shelburne Road in the Residential-Commercial District; approval is required under §1620.1, §820.7 and/or §820.8 of the Shelburne Zoning Bylaws
Whip Burks and Gerry Russo, owners, appeared on behalf of the application.

STAFF REPORT
The Zoning Board of Adjustment received a Staff Report, dated 06/07/04. Mr. Koerner asked why a variance was needed. Mr. Bigelow said that a similar request was reviewed in that manner by a previous Zoning Board allowing the swings and benches.

APPLICANT COMMENTS
Mr. Burks pointed out that (Ben and Jerry’s) did not have the four park benches that were part of the previous approval. There are swings currently. Request is being made for two picnic tables. The motel/hotel across Route 7 has two un-screened picnic tables, said Mr. Burks. Ms. Webster pointed out the Dutch Mill is historic and “grandfathered”.

Mr. Burks stated there are some hedges and shrubbery in front of the establishment. The store is on the other side of two walkways. The area is maintained for customer use. The tables do not have to be painted in “cow” colors but they do want the area to be seen as typical “Ben & Jerry’s fun”. Mr. Koerner explained that a variance would create a problem. Mr. Burks said they are not serving food to the tables. People will just take ice cream out there to eat outside. There was discussion regarding approaching Catamount Development (the PUD owners) about tables for the ‘general use’ of patrons on the green as part of the landscaping plan . Mr. Bigelow noted that the owners of the PUD had signed off on the application. Ms. Webster observed an ice cream parlor was different from a restaurant use and could perhaps obtain a site plan amendment at the Planning Commission level as opposed to a variance.

PUBLIC COMMENT
There were no comments from the public on the application.

DELIBERATION/DECISION
CU/V95-16-R1: Application of Catamount/Shelburne LLC (Owner) and Ben and Jerry’s Inc., (applicant) to modify a condition imposed on a previous approval to establish additional unscreened outdoor seating at property located at 4066 Shelburne Road in the Residential-Commercial District; approval is required under §1620.1, §820.7 and/or §820.8 of the Shelburne Zoning Bylaws
Mr. Koerner suggested continuing the public hearing to the July 12 meeting. Applicants were encouraged to speak with the landowners about making application to the Planning Commission and explore other options that would not require a variance.

CU04-12: Application of Pizzagalli Property Co. (Owner) and Bullrock Inc. (Applicant) for approval to extend the regulations of the Village District 50 feet into the Commerce and Industry District at 19 Harbor Road in the Commerce and Industry, Village and Village Design Review Overlay Districts; approval is required under §210.6 of the Shelburne Zoning Bylaws
Dana Farley and Gregg Beldock, agents, appeared on behalf of the application.

STAFF REPORT
The Zoning Board of Adjustment received a Staff Report, dated 06/07/04.

APPLICANT COMMENTS
Dana Farley explained that a Planning Commission Sketch Plan hearing was scheduled on Thursday, 06/10/04. The applicant is seeking re-configuration of the Village District 50 feet north and 50 feet west to meet setbacks for a proposal to cluster 12 residential units on a 3-acre lot. There were three existing lots impacted by the entire project: the 9.3-acre Blodgett property on the east end, a larger open space, and part of the Town garage facilities on the west end where two baseball fields are proposed. CU04-12 is related solely to the District boundaries on the parcel at 19 Harbor Road. Wetlands on the parcels are an issue.

There was discussion regarding the approval (which was for a district boundary adjustment), the proposed uses (which are permitted uses, §910.2 Two-family dwellings), and wetlands issues within the proposed residential development that is proposed to occur in the portion of 19 Harbor Road that is in the Village District. Ms. Farley explained a master plan that included athletic fields owned by the Town, renovation of the existing Blodgett building (proposed to be used as an athletic club) and the clustered housing while limiting the impacts on the wetlands. Mr. Beldock said that a 50-foot buffer was proposed between the Class 2 wetlands. The development would not happen without the housing component. The residential portion was planned as medium income housing, which was in keeping with the Shelburne Town Plan. Currently, Blodgett/Pizzagalli owns two of the parcels, and the Town owns the third parcel.

There was discussion of the five criteria of a conditional use application, boundary adjustments to the existing Town lot and for the recreation fields, and the proposed New England-style design for six duplex buildings with a two-car garage between units. Mr. Beldock said that the garage will have a shared (common) wall. Each unit will have a total of 1,350 square feet. Mr. Bigelow said the DRC will review the proposed housing units. The Zoning Board was only considering boundary adjustments. Mr. Beldock said he would like approval for the boundary adjustment before the Town held a bond vote on the recreation fields.

The Zoning Board requested elevation plans for the proposed duplex design for review, and after receipt of this information from the applicant, recalled the action by the Zoning Board involved only a boundary line adjustment. The Board reviewed the presented elevation plans and noted that the proposed structures were modular. The Board pointed out design concerns and suggested the applicant consider modifying the proposed residential layout before meeting with the Design Review Committee.

PUBLIC COMMENT
Wendy Smith, Jan Thabault, and Phyllis McEntee, Harbor Road residents, reviewed the proposed site plan. Ms. Thabault asked if an on-site stream would be impacted by a realignment of property lines. Mr. Beldock explained the request for a Village District line adjustment, which was not a property line.

There was lengthy discussion about potential reasons to deny the request. Mr. Koerner explained that if the application did not meet the Town Plan, was not a permitted use, or if did not meet zoning guidelines, it could be denied.

DELIBERATION/DECISION
CU04-12: Application of Pizzagalli Property Co. (Owner) and Bullrock Inc. (Applicant) for approval to extend the regulations of the Village District 50 feet into the Commerce and Industry District at 19 Harbor Road in the Commerce and Industry, Village and Village Design Review Overlay Districts; approval is required under §210.6 of the Shelburne Zoning Bylaws
MOTION by Mr. Funtow, seconded by Mr. Waltien, to approve CU04-12, application by Pizzagalli Property Co. (Owner) and Bullrock Inc. (Applicant), to extend the regulations of the Village District 50 feet into the Commerce and Industry District at 19 Harbor Road in the Commerce and Industry, Village and Village Design Review Overlay Districts, under §210.6 of the Shelburne Zoning Bylaws subject to the following conditions:
1. The changes to and uses of the site shall occur in general as indicated on the site plan as submitted, prepared by Civil Engineering Associates, Inc. (Project # 03287) entitled Proposed Athletic Fields and Housing, date stamped May 20, 2004, with the conditional use application and approved by the Board during the public hearing on June 7, 2004 as amended. Changes to the site plan that result from Planning Commission review are to be submitted to the Zoning Coordinator for a determination on the need for additional Zoning Board of Adjustment review.
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.

3. OLD BUSINESS
CU04-07, Pizzagalli/Skipco dba Tailhook
Withdrawn.

CU04-08: Application of 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 Flood Plain 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 reported that the application was a continuation of a previous hearing. The Board conducted a site visit on 05/17/04. Mr. Bigelow noted that a letter was received from Attorney Murphy, dated 06/07/04 (see comments under PUBLIC COMMENT).

APPLICANT COMMENTS
Mr. Giebink said that Attorney Murphy’s letter was just received. The relevance of different volume calculations (from Richard Janson: 17,865ft³, from George Jansen: 17,695ft³ and the original Giebink application of 20,505ft³) was discussed. For the current application Mr. Geibink proposed using Richard Janson’s figure. Mr. Giebink responded that the proposed house was designed on a CAD software program and the volume calculations are computer generated. The design shows an outside curved roof line. Mr. Koerner reviewed the site plan as presented and noted that Attorney Murphy was correct regarding a discrepancy where two rafters intersected. Mr. Giebink pointed out Mr. Goldsmith is a professional licensed architect. Regarding cutting trees, Mr. Giebink said the Zoning Board walked the site and he had identified on the site plan trees to be cut. Only the three identified trees would be removed. Mr. Giebink said the brush and debris as identified by the Janson’s would be removed and was not relevant to the application.

There was further discussion regarding the discrepancy (17,695ft³ and 17,865ft³) between the two Janson calculations. There are no definitive records on the original camp calculations. Old photographs of the camp were shown. Attorney Murphy calculated 93.3 cubic feet translated into 0.4 of one percent. Mr. Funtow asked if the Janson’s architect talked with Mr. Goldsmith about the calculation differences. Attorney Murphy replied no. The Janson’s propose a condition on the building permit that certifies the volume calculations, said Attorney Murphy. Mr. Giebink interjected Mr. Goldsmith has certified the figures. Trees marked for cutting are noted on the site plan – one by the deck and one off from the deck. There is a third tree, which the Zoning Board identified as a ‘leaner’, in a wooded area outside of the proposed construction area.

PUBLIC COMMENT
Attorney Murphy, agent representing Ellen Janson, reviewed issues that included the different volume calculations and more specifically an apparent omission on the current plan. The end elevation of the second floor plan shows a 9’ 4” elevation, which should be 11’ 6”. An 18” “sliver” appears to be missing in the applicant’s volume calculations. The Janson’s were submitting a review performed by George Janson. Attorney Murphy asked the Zoning Board to request a certification of calculations from a third party prior to approval of the plans and issuance of a building permit. The submitted calculations are based on the site plan. The Janson’s are also asking the Board to condition approval to include that the site plan as presented is followed, and only the two impacted trees are to be cut down.

DELIBERATION/DECISION
CU04-08: Application of 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 Flood Plain Overlay Districts; approval is required under §1620.2.2 and.2 of the Shelburne Zoning Bylaws
Mr. Koerner said the ZBA will deliberate in closed session, and suggested the applicant contact the Zoning Coordinator.

3. DELIBERATIVE SESSION

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

The Board entered Deliberative Session at 10:00 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 10:25 p.m.

Ch. Koerner summarized the results of the deliberative session as a decision to move the Giebink and VT Teddy Bear applications.

4. DECISIONS

MOTION by Ms. Webster, seconded by Mr. Waltien, to approve the conditional use application, CU04-07, of Vermont Teddy Bear Co., In., URSA (VT) QRS 1230, Inc., and The Miller Group for a 60,400ft²-addition with a warehouse component subject to the following conditions:

1. The site improvements shall comply with the site plan and associated drawings prepared by Lamoureux & Dickinson Consulting Engineers, Inc. (Project #04019, Sheets 1-5), date stamped April 22, 2004, which were submitted with the conditional use application and approved by the Board during the public hearing of June 7, 2004, as amended.
2. The building addition shall comply with the floor plan (Sheet 2) and elevations (Sheet 4) prepared by R.E.M. Development Co., LLC. (Entitled Proposed Assembly & Shipping Facility for Vermont Teddy Bear Inc., date stamped April 22, 2004), which were submitted with the conditional use application and approved by the Board during the public hearing of June 7, 2004, as amended.
3. Changes to the plans specified in Condition #1 and Condition #2 as a result of PUD review and approval by the Town of Shelburne Planning Commission are to be identified to the Zoning Coordinator for a determination if additional Zoning Board of Adjustment review is required.
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: Motion passed by a vote of 3-1 (Mr. Funtow opposed)

MOTION by Mr. Koerner, seconded by Mr. Funtow, to approve the conditional use application, CU04-08, of John & Barbara Giebink for an expansion of a noncomplying structure at 357 Ordway Shore Road subject to the following conditions:

1. Based on conservative calculations, the original configuration of the Synder camp consisted of approximately 17,865 cubic feet. Based on that number the total increased size is limited to 26,635.8 cubic feet. Based on Architect J. Graham Goldsmith’s drawings and worksheets entitled Giebink Residence (Sheets A2.0-A2.3, A1.1 and A1.2, and C1-C4) date stamped April 12, 2004, there would be 161.7 cubic feet available for future expansion without exceeding the maximum fifty percent (50%) expansion of the outside dimensions of the original noncomplying buildings. Minor changes to the approved plans are to be submitted to the Zoning Coordinator for a determination for additional Zoning Board of Adjustment review.
2. The site improvements shall comply with the site plan, date stamped May 17, 2004 which were submitted with the conditional use application at the time of the site visit and approved by the Board during the public hearing of June 7, 2004.
3. As part of the building permit application, the applicants shall submit a site plan indicating the limits of site construction. The removal of trees and shrubs for this application shall only occur within the boundary of the limits of the construction plan. Other than the trees removed for construction as indicated above, trees shall not be removed from the property unless the trees are dead, damaged, or severely diseased as determined by an arborist.
4. Prior to obtaining a Certificate of Occupancy, the applicants shall submit a letter signed by the applicants and registered architect J. Graham Goldsmith (agent) certifying that the improvements were constructed according to the plans approved by the Town of Shelburne as referenced in conditions #1 and #2 above and are in conformance with §1330.1.2.c.
5. 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. Funtow, to adjourn the meeting. VOTE: unanimous (4-0); motion carried.

The ZBA meeting was adjourned at 10:45 p.m.

Minutes respectfully submitted by Kathlyn Furr, Recording Secretary.

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Thomas Koerner, Chair Gwen Webster

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Steve Waltien Boris Funtow