Zoning Board of Adjustment Minutes

MEMBERS PRESENT: Tom Koerner, Chairman; Gwen Webster, Milton Edelman, Boris Funtow, Steve Waltien.STAFF PRESENT: Brian Bigelow, Zoning Administrator.Kathlyn Furr, Recording Secretary.OTHERS PRESENT: John Koerner, Tom Ryan, Rob Donahue (Shelburne News).1. CALL TO ORDERMr. Koerner, Chairman, called the meeting to order at 7:03 p.m. and noted that deliberation/decisions and approval of minutes could be conducted at the end of the hearing. Mr. Koerner explained the deliberative process and said that he would recuse himself from the CU04-17 hearing, leaving only three Board members in attendance (Mr. Waltien had not arrived as yet). Applicants can elect to delay the hearing of their application until full Board is present.2. NEW BUSINESSCU04-17: Request for revision of an earlier approval (A97-2) where The Bagel was deemed to meet the definition of “Restaurant” rather than “Restaurant, Fast Food”; The Bagel replaced Zachary’s Pizza and did not require Conditional Use approval as this was a change of use within the same subsection classification under §1610John Koerner, owner, appeared on behalf of the application. Tom Koerner recused himself and Gwen Webster assumed the duties of Chair.STAFF REPORTGwen Webster reviewed CU04-17 and the request for revision of a previous approval which would allow extension of operating hours as noted in the staff report.APPLICANT COMMENTSJohn Koerner explained that current closing time was at 5:30 p.m. The request is to extend operating hours to 8:00 p.m. on Friday and Saturday in order to boost business. Ms. Webster suggested extending hours to 9:00 p.m.Mr. Edelman asked if any material alterations were planned. Mr. John Koerner replied that interior painting and moving existing cabinets was planned. There were no changes to the existing tables/seats or oven. Delivery service would not be offered. There was brief discussion of the difference between delivery service and take out service, definition of a fast food restaurant, and hours of extended operation (Mr. Waltien suggested conditioning the decision to read “approval for extended hours”). Mr. John Koerner said that the majority of customers came in and ate at the restaurant.PUBLIC INPUTNone.DELIBERATION/DECISIONMOTION by Mr. Funtow, seconded by Mr. Edelman, to approve CU04-17, a request for revision to an earlier approval (A97-2) for The Bagel to make a change of use within the same subsection classification under §1610 to extend operating hours and menu with the conditions as noted in the staff report, dated 08/02/04, and listed below:1. Conditions 1a, 1b, and 1c of the Zoning Board’s 1997 approval shall remain unchanged.2. As reviewed and approved originally, the hours of operation were 6:00 a.m. – 5:30 p.m., however, with the revision, the hours of operation on Friday and Saturday are changed to 6:00 a.m. - 8:00 p.m., and any request for additional hours and/or evenings of operation shall be forwarded to the Zoning Coordinator for administrative determination.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).DISCUSSION: Mr. Edelman asked if there are legal issues with the Zoning Coordinator extending operating hours. Mr. Bigelow confirmed the Zoning Coordinator can review and make a determination on a request to change hours of operation, however, neighbors would be notified with a formal letter before any approval of operating hours.VOTE: unanimous (4-0); motion carried.Tom Koerner resumed the duties of Chair.CU/V99-19-R2, Robert Lake Owner/Applicant - Request for Conditional Use review and approval to modify conditions of a previous approval given under Article XVL, General regulations, Sections 160.2, Noncomplying Structures and Article XIII, Lakeshore Overlay District, Section 1330.1.2, Additions to existing nonconforming structuresNo one appeared on behalf of the application. Mr. Bigelow reported the applicant, Robert Lake, requested a continuance until the next Board meeting (9/13/04). Modifications from the 1999 application were at issue. Following discussion, the Board was unable to confirm a quorum on any intervening Monday prior to 09/13/04.Mr. Edelman asked if the proposed footprint would be clearly marked on the site map, and how long the existing garage had been there. Mr. Bigelow replied that the existing garage was built over 40 years ago. The proposed connection between the garage and house would be included as part of the house volume calculations.4. OTHER BUSINESSApproval of Minutes of 7/12/04A motion was made to approve the minutes of 07/12/04 with the following notation:A 07/23/04 e-mail communication was received from Jeremy Matosky, PE, to Brian Bigelow, Zoning Coordinator, and reviewed regarding CU04-16, application of Queen City Printers Inc., (Owner) and J. A. McDonald, Inc. (Applicant), that a 350’ long berm discussed in the minutes accurately reflected the discussion, however the site plan shows a gravel area to be constructed at 250’ across. Therefore, a 250’ long berm is proposed, which will still be 8’ high and will meet the needs and purpose as discussed. Condition #3 of CU04-16 is modified to include the 250' figure that was approved as part of Site Plan review. MOTION by Mr. Waltien, seconded by Mr. Edelman, to approve the minutes of 7/12/04 as written. VOTE: unanimous (5-0); motion carried.5. ADJOURNMENTThe Chair adjourned the regular meeting at 8:00 p.m.Minutes respectfully submitted by Kathlyn Furr, Recording Secretary.Dated at Shelburne, Vermont this 13th day of September 2004 for the meeting of August 2, 2004._________________________________ _________________________________ Thomas Koerner, Chair Gwen Webster_________________________________ _________________________________ Steve Waltien Boris Funtow_________________________________ Milton Edelman