Zoning Board of Adjustment Minutes

TOWN OF SHELBURNE
ZONING BOARD OF ADJUSTMENT
MINUTES OF MEETING
JULY 12, 2004

MEMBERS PRESENT: Tom Koerner, Chairman; Steve Waltien, Gwen Webster, Milton Edelman. (Absent: Boris Funtow.)
STAFF PRESENT: Brian Bigelow, Zoning Coordinator
Kathlyn Fur, Recording Secretary
OTHERS PRESENT: Jeremy Matosky, Ron Deroscher, Carol Burdett, Paul Roche, John Holt, Michael Duggan, Kevin Clayton, Marcela Pino, Tom Worrall, Laurie Holiff, George Duross, Joanne Jarrett, Beverly Remick, Robert Jarrett, Linda Past, Paul Roche, Sue Davis (Shelburne News).

[NOTE: the minutes reflect the order of the published agenda.]

1. CALL TO ORDER
Mr. Koerner, Chairman, called the meeting to order at 7:04 p.m. and noted the deliberative/decision portion of the meeting and approval of the minutes may be held at the end of the hearing. Also, with only four Board members in attendance, a tie vote (two ayes, two nays) would result in a denial. Applicants can elect to delay their hearing until a full board is present.

2. NEW BUSINESS
CU04-11R1: Meadowood Enterprises (Owner) for modifications to a noncomplying structure on property at 3240 Shelburne Road in the Residential-Commercial District; approval is required under §1610, and §1620.2.2 of the Shelburne Zoning Bylaws
Paul Roche, agent, appeared on behalf of the application.

STAFF REPORT
Mr. Koerner read the staff report, dated 07/12/04.

APPLICANT COMMENTS
Mr. Roche explained the proposed change to an existing roofline that would divert rainwater from the building entrance and visually break up a long roof line span. The design will not make the existing structure any more nonconforming.

PUBLIC COMMENTS
None.

DELIBERATION/DECISION
CU04-11R1: Meadowood Enterprises (Owner) for modifications to a noncomplying structure on property at 3240 Shelburne Road in the Residential-Commercial District; approval is required under §1610, and §1620.2.2 of the Shelburne Zoning Bylaws
MOTION by Mr. Edelman, seconded by Mr. Waltien, to grant conditional use approval to CU04-11R1, Meadowood Enterprises, 3240 Shelburne Road, under Article XVI, General Regulations for modification of a noncomplying structure (§1620.2.2) with conditions as noted in the Staff Report, dated 07/12/04, and stated below:
1. The site improvements shall comply with the site plan, originally prepared by Weimann-Lamphere Architects for the 1984 addition and subsequently modified by Paul Roche, (date stamped March 23, 2001 and June 22, 2004) which was submitted originally with Conditional Use application CU01-11 and resubmitted with the revision to that approval.
2. The site improvements shall comply with the elevations shown in drawings prepared by Plasse Contracting, dated May 21, 2004. Elevations consist of side views (‘before’ and ‘after’) and front views (‘before’ and ‘after’) and are date stamped June 22, 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.

CU/V04-14: John and Carol Burdett (Owners) and James Spadaccini (Agent) for approval to expand a noncomplying structure on property at 168 Olde Orchard Lane in the Residential 1 District; approval is required under §1610, §1620 and §530.2 of the Shelburne Zoning Bylaws
James Spadaccini, agent, and Carol Burdett appeared on behalf of the application.

STAFF REPORT
The Zoning Board of Adjustment reviewed the staff report. Mr. Bigelow confirmed that all neighbors have been notified and no objections were received.

APPLICANT COMMENTS
Mr. Spadaccini explained the proposal to add six feet to the front of an existing garage for a handicap wheel chairlift in the garage. Following a survey of the property, it was discovered a small portion of the garage encroached into the side yard setback. The Edmonds (neighbors) support the application and offered to sell a strip of land to negate the setback issue, however, the lots as developed with the minimum 100’ road frontage and zig-zag adjustment would be needed. Mr. Spadaccini showed the location of the proposed lift and marked the location of an existing three-step stairway. Mr. Spadaccini confirmed the Zoning Coordinator thoroughly explained the criteria related to a variance request. Mr. Koerner asked if all design possibilities were explored to avoid a variance. Mr. Spadaccini replied the cars could be parked in tandem in the driveway, but reconfiguration of the use of the garage is an issue. One side is 22’ wide while the other side is 16’ or 18’ and comes right up to the stairs. Nothing can be done with the stairs.

Chairman Koerner read the variance criteria per state statute, noting in this case, the regulation is protecting the side yard setback. There is no hardship created by the lot configuration. In fact, the property angle is typical in configuration. It would be best if the applicant and the neighbor (Edmonds) could each exchange a ‘jog’ of land, suggested Mr. Koerner. There was discussion of the physical characteristics of a lot that would trigger granting a variance. Mr. Spadaccini requested the Board conduct a site visit.

PUBLIC COMMENTS
None.

DELIBERATION/DECISION
CU/V04-14: John and Carol Burdett (Owners) and James Spadaccini (Agent) for approval to expand a noncomplying structure on property at 168 Olde Orchard Lane in the Residential 1 District; approval is required under §1610, §1620 and §530.2 of the Shelburne Zoning Bylaws
Mr. Koerner said the Board will deliberate in closed session, and suggested the applicant contact the Zoning Administrator on 07/13/04.

CU/V04-13: Robert and Donna Millay (Owners) and Michael Dugan (Agent) for approval to expand a noncomplying structure on property at 310 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
Michael Dugan appeared on behalf of the application.

STAFF REPORT
The Zoning Board of Adjustment reviewed the staff report.

APPLICANT COMMENTS
Mr. Dugan explained the proposal to construct additions to the north and east sides of an existing structure. The 100’ lakeshore setback was shown on the site plan. The existing structure encroaches on this setback. The proposed additions are calculated at a 28% volume increase, which is less then the 50% allowed. No construction is proposed on the south side. There would not be an increase in the height of the structure. Area calculations and coverage are within requirements. The volume calculations were reviewed.

Mr. Waltien asked if the proposal was more noncomplying. Mr. Duggan said the existing deck is 80’ from the setback line and is being removed. The new structure will comply with the setback requirements. There was discussion of the correct definition of the closest point of a setback that made a structure noncomplying (closest point established a straight line or following along the 102’ lakeshore line curve). Mr. Duggan pointed out the engineer set the line as noted on the site plan.

Mr. Dugan explained the location of the existing driveway and proposal to change the entrance that would hug the southwest property line and create a circular driveway. The original driveway design was not well done. Also, one of the garage doors will be eliminated. Mr. Bigelow read a letter from neighbor Alcan Levy claiming the beginning (mouth) of the proposed driveway was getting wider. Levy owns a strip of land along the road frontage. The concern is unrelated to the application for the expansion of a noncomplying strucutre. Mr. Dugan said the applicant was willing to change the mouth of the driveway design to maintain the current width.

Mr. Waltien asked for further information on the 102’ lakeshore setback contour.

PUBLIC COMMENTS
None.

DELIBERATION/DECISION
CU/V04-13: Robert and Donna Millay (Owners) and Michael Duggan (Agent) for approval to expand a noncomplying structure on property at 310 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. Waltien, to grant conditional use approval for CU/V04-13, application by Robert and Donna Millay (Owners) and Michael Dugan (Agent) to expand a noncomplying structure at 310 Clearwater Road in the Residential 1 District and the Lakeshore and Floodplain Overlay Districts with conditions as noted in the staff report, dated 07/12/04, and as follows:
1. Site improvements shall comply with architect Michael Dugan’s drawings and worksheets entitled “Millay Residence”, most specifically Sheet SP1 (date stamped June 30, 2004) and Sheets A3 and A4 (date stamped June 15, 2004). Total increase limited to 14,440.5 cubic feet. There are 7557.5 cubic feet available for future expansion without exceeding the maximum fifty percent (50%) expansion of the outside dimensions of the original noncomplying buildings.
2. As part of the building permit application, 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.
3. Prior to the occupancy of the additions, the applicants shall submit a letter signed by the applicant and agent (Michael Dugan) stating the improvements were constructed according to the plans approved by the Town of Shelburne as referenced in conditions #1 and #2 above.
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: unanimous (4-0); motion carried.

CU/V04-15: Clayton Investments (Owners) and Kevin Clayton (Applicant) for approval (§1620.1) of a retail sales and coffee shop as a similar use (§920.2) in a noncomplying structure (§1620) on property at 5288 Shelburne Road in the Village and Village Design Overlay Districts
Kevin Clayton, owner, appeared on behalf of the application.

STAFF REPORT
The Zoning Board of Adjustment reviewed the staff report. Mr. Bigelow said that the applicant was not seeking a variance but is seeking Conditional Use approval as a similar use under §920.20. If the Zoning Board considers the hybrid use, staff recommends the applicant appear before the Planning Commission regarding parking as opposed to a variance. Mr. Bigelow noted that a change of use, new sign, etc. in the Historic Village Center District required Design Review and Planning Commission review.

APPLICANT COMMENTS
Mr. Clayton reviewed the request for a coffee and retail wine shop (hybrid use). There will be no food preparation. A wastewater survey was done based on restaurant use. Water usage calculations were submitted to the Board. Minor renovations include a handicap accessible bathroom. Discussions with the Labor & Industry on retail-to-retail use were held. The coffee bar is one-third of a planned community space and is not a restaurant. Mr. Clayton reviewed a brief history of the building.

There was discussion regarding the proposal for shared parking utilizing public spaces located near the building (across Route 7 on Falls Road, at the railroad station, etc.). There are four 1-bedroom apartments on the second floor of the building with eight parking spaces on site. There is an easement for two parking spaces on the north side of the building.

PUBLIC COMMENTS
Nick Cowle and Chris Engstrom, residents, spoke in support of the application.

DELIBERATION/DECISION
CU/V04-15: Clayton Investments (Owners) and Kevin Clayton (Applicant) for approval (§1620.1) of a retail sales and coffee shop as a similar use (§920.2) in a noncomplying structure (§1620) on property at 5288 Shelburne Road in the Village and Village Design Overlay Districts
MOTION by Mr. Waltien, seconded by Mr. Edelman, to grant conditional use approval of CU/V04-15 for a hybrid retail use (wine shop and coffee shop) in a noncomplying structure with conditions as proposed in the staff report, and noted below;
1. The site shall be utilized as indicated on the Sketch Plan prepared and submitted by the applicant, date stamped June 21, 2004, as amended and conditioned. Minor changes to the site plan that result form Planning Commission approval are to be reviewed by the Zoning Coordinator for a determination regarding the need for additional Zoning Board of Adjustment review.
2. Within sixty (60) days of this approval, the property owner and or applicant shall record a “MEMORANDUM OF MUNICPAL ACTION” with the Shelburne Town Clerk’s office.
3. Prior to obtaining a zoning permit, Design Review and Site Plan review and approval as required must be secured.
VOTE: unanimous (4-0); motion carried.

CU/V04-16: Queen City Printers Inc. (Owner) and J. A. McDonald, Inc. (Applicant) request for a construction services facility on property at 80 Northside Drive in the Commerce and Industry District; approval is required under §1610 and §1020.7 of the Shelburne Zoning Bylaws
Jeremy Matosky and Ron Deroscher with J.A. McDonald, Inc., appeared on behalf of the application.

STAFF REPORT
The Zoning Board of Adjustment reviewed the staff report.

APPLICANT COMMENTS
Mr. Matosky reviewed the proposal to locate a Route 7 project contractor field office trailer and a State Agency of Transportation (AOT) trailer on a lot owned by Queen City Printers located at 80 Northside Drive. The contractor would lay down fabric and gravel for a parking lot for up to 40 employees. The project has a 500 peak hour (traffic) permit, but the parking lot would not be completely built out. The Queen City Printers/J.A. McDonald agreement included a provision to return the lot to its natural state once the road project was complete, estimated by July 25, 2006. The proposal is for the temporary use of an existing meadow and includes a temporary water and sewer hookup, a dumpster (for paper products), and a tool storage containers. There would be no night time operations. Personnel would be on the site from 6:30 a.m. to 6:30 p.m. No heavy equipment would be parked on the site, except for up to three loaders. Vegetation and trees would provide natural screening between the work site and residents. Winter operations would be limited per the State of Vermont contract.

PUBLIC COMMENTS
Beverly Remick, Pine Crest Drive resident, asked if there would be impact on the stream or wetlands, and if approval of a worksite would set a precedent for future projects. Mr. Koerner assured approval would not set a precedent. The trailers and parking lot would be in place for two years and then removed. The lot is owned by Queen City Printers. Mr. Matosky said the 8-acre lot is mostly wooded except for a one-acre meadow. The wooded area, stream, and pond will not be impacted. The work site will be over 100’ away from residences. The only clearing will be brush in the field.

George Duross, Pine Crest Drive resident, asked about the type of vehicles to be parked at the lot. Mr. Deroscher replied up to three loaders plus personal vehicles. There will be a single security light which will meet Town ordinance requirements. Mr. Matosky showed the location of the down shielded utility pole that will be 150’ from any residence, and a residential style exterior light on the contractor trailers. In response to questions regarding use of the tool storage containers, Mr. Deroscher explained there will not be a steady stream of traffic to the container, rather a pick up and drop off site. The lot will not be used to store project material except for some pipe storage.

Tom Worrall, resident, expressed concern about car lights shining into his bedroom and suggested a berm on the south side of the lot. Mr. Matosky stated the intent was not to cause an impact to the lot. Mr. Duross asked if the trailers could be located elsewhere on the lot. Mr. Matosky pointed out there is a 150’ setback requirement. Mr. Worrall asked if the trailers could be set up on the north side of the lot and parking on the south side of the lot. Mr. Bigelow reiterated there is a 150’ setback adjacent to residential uses.

Linda Past, resident, agreed with a berm to screen headlights and lessen noise at 6:00 a.m. Ms. Past expressed concern about noise and air pollution. Mr. Matosky stated an AOT field (environmental) engineer would be on site to monitor the contractor. There was further discussion of other methods to mitigate impact on the residents, such as a fence or a 6’ to 8’ high berm. Mr. Deroscher said a berm could be built before the trailers were brought in. A condition to require a 8’ high berm along the tree line to be removed at a later date was acceptable.

John Holt, resident, noted that the houses on Hedgerow Lane were two-story, and asked if trees could be planted on top of the berm. Mr. Deroscher said that the project would only last two years. Impacts are temporary and the project would be shut down for the winter (from November to April). Mr. Deroscher clarified that the contractors would be on site Monday through Friday, an occasional Saturday, but never on Sunday. Mr. Holt asked if the contractor was applying for an Act 250 permit. Mr. Deroscher said that an Act 250 permit was integrated and a necessary part of the Route 7 project. Mr. Holt suggested locating the office trailers on lot 8 or 9 off of Executive Drive. Mr. Deroscher reported that the contractor had contacted Pizzagalli about this matter, but the lot is for sale. If the lot is sold, the contractor would have to vacate within 60 days. Automaster had no interest in allowing use of their land. Mr. Holt asked if any explosives would be stored on site. Mr. Deroscher replied no. There was further discussion regarding the number of heavy equipment to be parked at the lot (Mr. Deroscher said that a specified number of loaders could be stipulated) and potential conditions that were acceptable to the residents and the contractor. Mr. Deroscher said that if a berm was constructed, it would be removed per the agreement with Queen City Printers.

DELIBERATION/DECISION
CU/V04-16: Queen City Printers Inc. (Owner) and J. A. McDonald, Inc. (Applicant) request for a construction services facility on property at 80 Northside Drive in the Commerce and Industry District; approval is required under §1610 and §1020.7 of the Shelburne Zoning Bylaws
MOTION by Ms. Webster, seconded by Mr. Waltien, to grant conditional use approval for CU04-16 to establish a construction services facility (§1020.7) on the Queen City Printers lot located at 80 Northside Drive in the Commerce and Industry District as presented with conditions as noted in the Staff Report, and as follows:
1. The changes to and uses of the site shall occur as indicated on the site plan prepared by Trudell Consulting Engineers, Inc. (Drawing # 2004080-50) entitled “J.A. McDonald, Inc.”, date stamped June 23, 2004, that was submitted with the conditional use application and approved by the Board during the public hearing on July 12, 2004 as amended. Changes to the plan that result from Planning Commission review and approval are to be submitted to the Zoning Coordinator for a determination on the necessity of 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.
3. An 8-foot high 350-foot long berm shall be constructed on the north side of the lot as of/or before October 15, 2004, and removed with the site restored at a date anticipated on July 28, 2006 as shown on a revised site plan.
4. The dumpster shall be located close to the trailers to the south of the storage facilities.
5. No more than three loaders shall be located on the lot at any one time.
VOTE: unanimous (4-0); motion carried.

3. OLD BUSINESS
Withdrawn: CU/V95-16-R1: Catamount/Shelburne LLC (Owner) and Ben and Jerry’s Inc. (Applicant) request to modify a condition imposed on a previous approval to establish additional unscreened outdoor seating on property 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

Applicant has withdrawn the application.

Continuation: CU/V04-11: Fred Koch and Ann Clark for expansion of a noncomplying structure on property 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
Mr. Bigelow reviewed that the Koch/Clark lot was part of a PRD, and in the past developers seeking a smaller lot sometimes neglected to seek reduced side yard setbacks at the same time. Staff and Legal opinion supported automatically applying the 15’ side yard setbacks to a PRD under §1630.2.4.b.

APPLICANT COMMENTS
One acre was sold by Koch to the Deer Run development to allow continuous acreage and green space. The design of the proposed addition to the existing structure has not changed from the 18 feet heard July 12, 2004. The variance portion of the application is being withdrawn.

Mr. Koerner reviewed the submitted application related to conditional use criteria.

PUBLIC COMMENTS
None.

DELIBERATION/DECISION
Continuation: CU/V04-11: Fred Koch and Ann Clark for expansion of a noncomplying structure on property 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
MOTION by Ms. Webster, seconded by Mr. Waltien, to grant conditional use approval of CU04-11 under Article XVI, General Regulations, Section 1610, Conditional Uses and Article VI, Residential 2 District for expansion of a noncomplying structure beyond the dimensional requirements established in established in §630.2 a & b by Fred Koch and Ann Clark, 521 Webster Road, with conditions as noted in the staff report and as follows:

1. The changes to and uses of the site shall occur as indicated on the site plan as submitted, prepared by Fred Koch, date stamped May 17, 2004, with the conditional use and variance applications and approved by the Board during the public hearing on June 7, 2004 as amended.
2. The changes to and uses of the site shall occur as indicated on the elevations as submitted, prepared by Fred Koch, date stamped May 19, 2004, with the conditional use and variance applications and approved by the Board during the public hearing on June 7, 2004 as amended.
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.


3. DELIBERATIVE SESSION

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

The Board entered Deliberative Session at 9:32 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 10:00 p.m.

Ch. Koerner summarized the results of the deliberative session as a decision to move the Burdett application

4. DECISIONS

MOTION by Mr. Edelman, seconded by Mr. Waltien, to approve the variance request portion of application CU/V04-14 by John & Carol Burdett and James Spadaccini.

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

MOTION by Mr. Edelman, seconded by Mr. Waltien, to approve the conditional use portion of application CU/V04-14 by John & Carol Burdett and James Spadaccini.

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 10:15 p.m.

Minutes respectfully submitted by Kathlyn Furr, Recording Secretary.

Dated at Shelburne, Vermont this 12th day of July, 2004 for the meeting of June 7, 2004.



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Thomas Koerner, Chair Milton Edelman

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Steve Waltien Gwen Webster

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