Zoning Board of Adjustment Minutes

TOWN OF SHELBURNE
ZONING BOARD OF ADJUSTMENT
MINUTES OF MEETING
SEPTEMBER 13, 2004

MEMBERS PRESENT: Tom Koerner, Chairperson; Boris Funtow, Gwen Webster, Milton Edelman, Steve Waltien.
ADMINISTRATION: Brian Bigelow, Zoning Coordinator.
Kathlyn Furr, Recording Secretary
OTHERS PRESENT: Jon Pizzagalli, Michael Koper, Rob Donahue (Shelburne News).

1. CALL TO ORDER
Mr. Koerner called the meeting to order at 7:05 p.m., and noted that the CU99-19R2 application (Lake, 440 Clearwater Road) has been withdrawn. Mr. Koerner stated that he is the acting agent for the Stone application (CU03-25R1) and will recuse himself during the Stone hearing. Ms. Webster will assume the duties of chairperson for that application. Mr. Koerner explained that a deliberative session may be held at the end of the hearings.

2. NEW BUSINESS
CU/V02-01R1: Application by Jon Pizzagalli to expand a noncomplying structure at 224 Pine Haven Shores Lane in the Residential 1 District and the Lakeshore and Floodplain Overlay Districts; approval is required under §1340.1, §1620.2.2 and §1330.2 of the Shelburne zoning bylaws
Jon Pizzagalli, owner, appeared on behalf of the application.

STAFF REPORT
Mr. Koerner summarized the application from the staff report.

APPLICANT COMMENTS
Mr. Pizzagalli stated the new house was built on the footprint of an original structure. The lot is a double lot. The proposed deck will be outside the original footprint of the original building. A variance was requested for that reason. A surveyor was engaged to measure the distance to the seawall (98’6”) and to mark the 102’ elevation (both are indicated on a site map). The existing stairs and deck will be removed. Mr. Pizzagalli explained the location of the house to the 102’ elevation. The corner of the house is 86’4” from the 102’ elevation. The deck is proposed at 88’7” from the 102’ elevation and is no more nonconforming than before. Following discussion the variance request was withdrawn as unnecessary.

Mr. Koerner asked what would prevent someone from building a seawall to increase the 102’ distance. Mr. Pizzagalli pointed out that the cost of constructing a seawall is a deterrent. Mr. Pizzagalli had to petition the U.S. Army Corps of Engineers to encroach into the lakeshore. The Army Corps of Engineers is very stringent regarding wetlands and lakeshore encroachment, stated Mr. Pizzagalli. Mr. Bigelow confirmed that the proposal would not bring the structure any closer than the previous structure. The proposed deck is closer by two feet, but the distance to the 102’ elevation is greater than the previous structure. Mr. Pizzagalli clarified that the proposed deck is closer to the original102’ elevation, but now farther due to the seawall. The seawall was built to stop erosion of the lawn and was a joint project with neighbors.

The applicant submitted an updated site plan, dated 09/13/04, which included a better definition of dimensions/measurements of the structures and distances. Measurements were taken during the construction of the seawall (86’4” from the corner of the house), and redefined the 102’ elevation on the map. Ms. Webster asked if the entire house could be moved to an 86’4” orientation since the delineation is 86’4”. In theory, the applicant could have a bigger deck, stated Ms. Webster. Mr. Pizzagalli replied the “funkiness” of the structure steers the (deck) design. The Board requested the distance from the 102’ elevation to the original structure (before the seawall was built) be added to the site map.

DELIBERATION/DECISION
CU/V02-01R1: Application by Jon Pizzagalli to expand a noncomplying structure at 224 Pine Haven Shores Lane
MOTION by Mr. Waltien, seconded by Mr. Edelman, to approve the Conditional Use application by Jon Pizzagalli, 244 Pine Haven Shores Lane, to modify conditions of a previous approval given under Article XVI, General Regulations, Section 1620.2 - Noncomplying Structures and Article XIII, Lakeshore Overlay District, Section 1330.1.2 - Additions to existing nonconforming structures subject to conditions as noted in the Staff Report, dated 09/13/04, and as follows:

1. The site improvements shall comply with the site plan, floor plans, roof plans and elevations prepared by Guillot, Vivian, Viehmann Architects, Inc., entitled PIZZAGALLI RESIDENCE. The Site Plan (SP1) has a latest revision date of January 17, 2004. Drawing A4 has a latest revision dated of July 29, 2002. Drawing A2 has a latest revision date of May 6, 2002. Site Plan and Drawings have all been date stamped August 23, 2004 and were submitted with the Conditional Use and Variance applications and were approved by the Board during the public hearing on September 13, 2004.
2. While the site improvements shall be constructed as per Condition #1 above, the existing site conditions (most specifically the location of the 102’ elevation mark), for determining compliance with dimensional requirements shall be as per with the site plan prepared by Gordon G. Harlow, Registered Land Surveyor #154, dated September 9, 2004, date stamped September 13, 2004, as presented to the Zoning Board of Adjustment at the public hearing of September 13, 2004.
3. 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. An amended site plan prepared by a registered surveyor shall be entered into the record and a dimension from the 102’ elevation line to the original footprint of the original dwelling shall be shown on the revised site plan.
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: unanimous (5-0); motion carried.

CU03-25R1: Application by Michael Stone to expand a noncomplying structure at 1531 Quaker Smith Point in the Rural 1 District and the Lakeshore and Floodplain Overlay Districts; approval is required under §1620.2.2 and §1330.2 of the Shelburne zoning bylaws
Tom Koerner, agent, appeared on behalf of the application.

STAFF REPORT
Ms. Webster, Acting Chairperson, summarized the application from the staff report and noted the application was a revision of a conditional use approved in 2003. The current structures will be removed.

APPLICANT COMMENTS
Mr. Koerner reviewed that Mr. Stone purchased the Quaker Smith Point property and submitted a conditional use application in October 2003 to remove the existing garage. A new garage/shop has been built on the original footprint. A new horse barn was built, and a water tower was renovated as a yoga studio. Mr. Koerner explained the current proposal to tear down the existing house and move the existing trophy room, which is in poor condition, to a gravel area for use as a temporary wood shed. The structure will be moved to a neighboring lot at a later date. The building will be 41’ from the 102’ elevation line. The main house orientation will be cocked to improve the view. The current gravel parking area will become a courtyard. The exterior will be stone and cedar siding. The water and septic systems have been approved. The existing house will be torn down. Paneling will be salvaged for re-use in the new structure. The new house will be 7,500-8,000 square feet at a cost of $330-$350 per square foot. The volume calculation of the house is a 38 percent increase.

Ms. Webster reviewed that the Zoning Board previously approved an addition that combined the existing trophy room and house. There is 40 feet between the existing buildings. Mr. Koerner stated the new design of the connector is different, but the concept is similar. Ms. Webster pointed out the proposal is less nonconforming because previously the trophy room encroached further into the 102’ elevation.

Mr. Koerner enhanced the 41’ line on the site plan per the Board’s request. Photographs of the yoga “water-tower”, new horse barn, guest house, existing 1812 brick house, and existing trophy room were shown.

DELIBERATION/DECISION
CU03-25R1: Application by Michael Stone to expand a noncomplying structure at 1531 Quaker Smith Point
MOTION by Mr. Edelman, seconded by Mr. Funtow, to approve the Conditional Use application by Michael Stone (CU03-25R1) to expand a noncomplying structure located at 1531 Quaker Smith Point in the Rural 1 District and the Lakeshore and Floodplain Overlay Districts by replacing two existing noncomplying structures with a new structure with no increase in the degree of non-compliance as noted in the Staff Report, dated 09/13/04, with conditions as follows:
1. The current configurations of the house and lodge combine for a total of 72,675 cubic feet. Total increase limited to 28,166 cubic feet. There are 8,171.5 cubic feet available for future expansion without exceeding the maximum of fifty percent (50%) expansion of the outside dimensions of the original noncomplying buildings.
2. The site improvements shall comply with the site plan as prepared by Civil Engineering Associates (project 2275) as modified by the applicant’s agent, Tom Koerner, and the floor plans and elevations prepared by the applicant’s agent, Tom Koerner, date stamped August 23, 2004, which were submitted with the conditional use application and approved by the Board during the public hearing on September 13, 2004, as amended.
3. 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.
4. Prior to the occupancy of the addition, the applicant shall submit a letter signed by the applicant and agent stating the improvements were constructed according to the plans approved by the Town of Shelburne as referenced in conditions #2 and #3 above.
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: unanimous (4-0); motion carried.

Mr. Koerner resumed the duties of Chairperson.

CU04-18: Application by Michael Koper to expand a noncomplying structure at 886 Bay 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 Koper, owner, appeared on behalf of the application.

STAFF REPORT
Mr. Koerner summarized the application from the staff report, and noted the noncomplying structure was formerly known as the “Farrell” residence.

APPLICANT COMMENTS
Mr. Koper explained the proposal to build a two-story addition on the existing house. The downstairs will be a bedroom. The second floor space may be an office or observatory in a “light house” design. Mr. Koper submitted a color photograph of the existing house, noting the proposed location of the addition.

Mr. Koerner pointed out the existing house is a noncomplying structure and asked for clarification of volume calculations. Mr. Koper said he engaged a surveyor to measure the setback distances and an architect put the information on the site plan. There is an additional 25,764 cubic foot volume calculation. The final shape of the second story has not yet been decided. The architect suggested a light house design (circular room). Mr. Koerner stated a 50% volume limit increase is critical. Ms. Webster said the maximum allowed height of the structure is 35 feet.

Mr. Koper said that the lot is flat. The 1,400 square foot downstairs room will be used as living space. The upstairs room will follow the same footprint.

Mr. Koerner noted that Stuart Morrow, surveyor, verified the setbacks. The volume increase meets zoning criteria. Mr. Koerner reviewed the conditional use criteria and concluded the application meets the criteria.

There was discussion of the 9.7 acre lot that borders the LaPlatte River.

Mr. Bigelow said height and setback dimensions are needed. Mr. Koper submitted a revised site map that included the requested information. The front yard setback is 150’, east side yard is 450’, west side yard is 840’, and the rear yard is 73’ from a seawall.

DELIBERATION/DECISION
CU04-18: Application by Michael Koper to expand a noncomplying structure at 886 Bay Road
MOTION by Mr. Funtow, seconded by Mr., Waltien, to approve the Conditional Use request by Michael and Louise Koper (CU04-18) to expand a noncomplying residential structure at 886 Bay Road in the Residential 1 District, the Lakeshore Overlay District and the Floodplain and Watercourse Overlay District, with conditions as outlined in a Staff Report, dated 09/13/04, and per the following:
1. Site improvements shall comply with architect Ann Vivian’s drawings and worksheets entitled “Koper Residence”, date stamped August 27, 2004. Total increase limited to 25,764 cubic feet. There are 598 cubic feet available for future expansion without exceeding the maximum fifty-percent (50%) expansion of the outside dimensions of the original noncomplying building(s).
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 applicant shall submit a letter signed by the applicant and agent (Ann Vivian) 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 (5-0); motion carried.

3. OLD BUSINESS
CU99-19R2, Lake, 440 Clearwater Road, was withdrawn.

4. OTHER BUSINESS
Approval of Minutes of 8/2/04
MOTION by Ms. Webster, seconded by Mr. Funtow, to approve the minutes of 08/02/04 as written. VOTE: unanimous (5-0); motion carried.

The Board signed the 08/02/04 minutes as presented.

5. ADJOURNMENT
The Chairperson adjourned the meeting at 8:30 p.m.

Minutes respectfully submitted by Kathlyn Furr, Recording Secretary.

Dated at Shelburne, Vermont this 4th day of October 2004 for the meeting of September 13, 2004.

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Thomas Koerner, Chair Gwen Webster

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Steve Waltien Boris Funtow

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Milton Edelman

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