Zoning Board of Adjustment Minutes

TOWN OF SHELBURNE
ZONING BOARD OF ADJUSTMENT
MINUTES OF MEETING
October 4, 2004

MEMBERS PRESENT: Tom Koerner, Chairperson; Gwen Webster, Milton Edelman, Steve Waltien. (Boris Funtow was absent.)
ADMINISTRATION: Brian Bigelow, Zoning Coordinator.
Kathlyn Furr, Recording Secretary.
OTHERS PRESENT: Sylvia Maille, Joseph Maille, Jim Maille, Corrine Bissonette, Charles Bissonette, Oda Hubbard, Toni Hill, Robert Platt, Grace Hill, Frank Cole, Chris Bissonette, Mike Gravelin, Bob Van Kleck, George O’Brien, Maureen O’Brien, Becky Ramsey, Patrick Perry, Mark Jaffe, Nancy Jaffe, Barb Burroughs, Joel Goldberg, Michael Villanti, Karen Villanti, Bill White, Patrin, Lynn Walker, Laurel Neme, Mark Saunders, Bill Hoadley, Diane Kuklis, Helen Powers, Bill Powers, Chris Kapsalis, John Wagner, Trafton Crandall, Peter Merritt, Luce Hillman, David Hillman, Anne Voland, Bill Bissonette, Terry McKnight, Rose Garritano, Jim Garritano, Theodore Fink, Jon Rosenberg, Lee Rosenberg, Ray Mallette, Margaret Mallette, Elizabeth Seward, John Cross, Alice Leland, David Ackermann, C. Armstrong, Marti Webster, Ellen Janson, David Heddon, Ron Biederman, Chris Nickerson, Barbara Volz, Martin Gold, Michelle Zimmerman (Burlington Free Press), Rob Donahue (Shelburne News).

1. CALL TO ORDER
Mr. Koerner called the meeting to order at 7:02 p.m. and explained the deliberative process. With only four of the five members of the Zoning Board present, a tie (2-2) vote will result in a denial. Applicants can elect to delay their hearing until a full Board is present. Chairman Koerner also noted that approval of the minutes, Findings of Fact and Deliberative Session may be held at the end of the hearings.

2. NEW BUSINESS
CU04-19: Application by John Wagner (Owner), WAG, LLC (Applicant) and Llewellyn-Howley, Inc. (Agent) for a campground on property at 4592 Dorset Street in the Rural 1 District; approval is required under §320.7 and §1610 of the Shelburne Zoning Bylaws
Trafton Crandall, PE for Llewellyn-Howley, agent, and John Wagner, owner, appeared on behalf of the application.

STAFF REPORT
Mr. Koerner read the written staff report, dated 09/17/04.

APPLICANT COMMENTS
Trafton Crandall explained the proposal for a recreation vehicle campground to target luxury type recreation vehicles. Operation is proposed as seasonal (May – October, closed in winter). The application meets the dimensional zoning requirements for the R-1 district. Mr. Crandall reviewed the proposed preliminary design that included the following:
• On-site septic and drilled wells to be located along Dorset Street. The well drilling company has assured there is sufficient water in the area.
• An engineering study was submitted regarding traffic impacts.
• An engineering soil evaluation report will be submitted and will include calculations on septic capacity.
• Topographic characteristics include rolling pastureland with a north-south oriented ridge.
• Parking sites proposed on the rear two-thirds of the property behind the ridge to limit visual impacts.
• Landscaping to include the existing tree-line and wooded areas in the back of the property. Additional landscaping and screening with fruit trees (apple trees) along the front and around the support structures will be planted.

Mr. Crandall stated that with proper screening and controls, impact on the surrounding area will be minimized.

Tom Koerner reviewed the conditional use criteria. It was noted that the lot consists of 39 acres, the campground is proposed as seasonal and will not impact school enrollment.

Gwen Webster asked for clarification of the permanent structures and impact on the character of the area. Mr. Crandall explained recreation vehicles (RVs) or trailers can be 10’ wide and 40’ long, and 10’ high. Ms. Webster suggested conditioning adequate screening to shield neighbors from impacts as part of the application approval. Mr. Crandall stated that the applicant has a proposed landscaping design. Ms. Webster asked how 70 peak tripends/day were calculated with all 170 sites occupied. Mr. Crandall explained the number was based on 75% occupancy. Tripend numbers on the application are based on a study by the Institute of Traffic Engineers which surveyed traffic at other parks. Two studies were done to generate the numbers.

Mr. Koerner asked about the “typical size” of an RV and the typical length of stay at a park. Mr. Crandall replied that RVs can be 8’ wide and up to 50’ long and still be allowed on the road. Ten feet in height is usual. Camper pop-up trailers are smaller. A long-term stay might be one to two months. The campground is set up for long term clientele. A short term stay may be one to two days or a week. There are dedicated camping sites. Shorter term stays will be on site along the north side of the property. In response to questions, Mr. Crandall said that the average RV type of campground has an equal distribution of large, mid-size and small RV vehicles. Typically, there are area attractions. In this area there is the lake, the Shelburne Museum, Shelburne Farm, and downtown Burlington. There is a demand for RV parks, stated the applicant. Research of RV parks in northwestern Vermont show them to be solidly booked and turning clients away. Reservations will be required for sites at the campground.

Milton Edelman asked if usage is based on ‘vehicle per acre’. Mr. Crandall replied that criteria used were from the Institute study. The study has limits.

Mr. Crandall reviewed the use and location of proposed support structures/services that included an existing red brick farm house, attached barns, maintenance, camp store and recreational activities, such as video and pool games. A 40’x 80’ building housing an in-door pool and shower/locker room is proposed. Other amenities include two basketball courts, a volley ball court, and standard size horseshoe pits. A single-story, open sided pavilion will be built for meetings and dances. Three comfort stations include toilets and shower/locker rooms for camping clients. The one-story building in the same style as the existing barns will be painted red. Roads would be gravel. Each camp site will be grass with a gravel lane for parking. It is anticipated that some of the RVs will have awnings and barbeque grills. The basketball courts will be paved. Chemical waste from the RVs will not be accepted. There will be a dumping station. There will be plumbing hook ups to the campground facilities. Gas or propane will not be provided. The camp store will be modeled on a typical convenience store for groceries and sundries. Mr. Crandall explained hours of operation. Rules will be submitted. It is expected that 10:00 p.m. will be the latest for vehicles to arrive or leave the grounds. The open recreation building will close at 10:00 p.m. A resident manager will be on the premises 24 hours/day. Night lighting for safety at the comfort stations, roadways and office will consist of low light appliances after 10:00 p.m., said Mr. Crandall.

Mr. Waltien stated the lighting must be shown on the site plan, including the location, wattage, noise level, and hours of operation. There are two large adjoining farms with people beginning work early in the day and ending around 10:00 p.m. The applicant must ensure that traffic will not affect the neighbors. Mr. Crandall stated that RV park clients tend to be retirees not generally out at night, however, there will be some effect on neighbors.

Mr. Edelman asked if the RVs would run air conditioning units, expressing concern about the noise level generated from 170 vehicles all night long. Mr. Crandall said he did not have an answer to the question.

Mr. Koerner asked if the proposed park was in scale with Lone Pine RV Park in Colchester. Mr. Crandall said it would be a comparable facility.

Mr. Edelman asked if there would be truck traffic to supply the store. Mr. Crandall said deliveries would be similar to any convenience store at two to three delivery trucks per week.

Mr. Koerner asked why an RV park was proposed as opposed to a residential development, for instance. Mr. Crandall stated that like any enterprise, the investor wants to make money.

PUBLIC COMMENTS
Lee Rosenberg, abutter, contended the RVs will still be visible even with the screening. Ms. Rosenberg said she is investigating whether 26,000-50,000 pound trucks are allowed on Dorset Street. Trucks are not allowed on Spear Street currently. There is concern about diesel fuel fumes, noise, and such. In summer when windows are open, noise and fumes will affect residents. Ms. Rosenberg questioned the traffic study results. The park does not have a lake on-site, so it is expected campers will park their RVs and go touring. This is additional traffic movement. Ms. Rosenberg asked if motorcycles will be allowed on the grounds and if the campers will have access to Shelburne Beach. The area is densely populated. Ms. Rosenberg asked about RV in winter storage parking. Campers are transients without a vested interest in the area.

Mark Jaffy, abutter, said that Dorset Street is a quiet neighborhood and sounds carry over long distances. There will be noise from 170 people. This is an open neighborhood and natural area where deer, turkeys, and raccoons will be affected. All the neighbors know each other. Campgrounds break that essence. There are no high-end tent sites and it only takes a few loud people (to cause a problem). There are concerns regarding lights, traffic and crime. There are trails in the woods to homes. Campers tend to trash trails, said Mr. Jaffy, inquiring whether the applicant will install chain link fences around the campground. A campground will decrease property values. Houses are preferable because people become neighbors. Mr. Jaffy suggested Mr. Wagner place the campground in Westford.

Chris Kapsalis, Dorset Street resident within one-quarter mile of the proposed site, spoke against the project because it is on a scale too big in magnitude for the area. The Mt. Philo campground has 105 acres with 10 campsites in Charlotte. The R-1 district zoning includes conditioned permits, but “campgrounds” has no qualifier in the zoning language. Permitted, but limited, uses include farming, daycare, Bed and Breakfast, kennels, vet clinics, daycare centers. These are owner-occupied businesses. Two permitted commercial businesses are storage and riding stables. Mr. Kapsalis narrated a presentation that showed 170 campsites are equal to 340 bedrooms on a 40-acre site or a 190-acre farm with 3.5 residents (cows) per five-acres (28 cows per 40 acres). There could be 80 residents in houses on 40 acres. The Zoning Board should consider limits on the proposal as a condition to approval.

Becky Moore, resident to the north of the site, testified she can see activity through the fringe of trees between properties whether it is a baler, tractor, or people. Ms. Moore said she is thankful Shelburne prohibits rampant development. Sound carries to Dorset Street from the Bishop Road kennel. Currently, the night skyscape is clear. A local astronomy group gathers on Dorset Street for evening sky events. This activity would be impacted adversely. There is strong smell from manure spreading on the open land in the summer.

Richard Marko, Barstow Road, said upscale RV parks are places where many parolees say they live upon release from jail. Mr. Marko said he does not want a campground in his backyard. The mound systems as proposed look like three football fields. Mr. Marko said on his property only one site would perk for a capacity to accommodate five to six people, and it was thought the farm property did not perk in the past. RVs run on diesel fuel like a bus, and they must recharge batteries or run an outside generator. Mr. Marko said he has rented large RVs in the past and the first thing you do at a campground is go wandering. Campers will wander onto everyone’s property. Safety is a big concern for the neighbors.

Rose Garritano, owner of the neighboring horse farm, expressed concern about her right to farm, impingement on property rights, and trespassing. Soils are Vergennes Clay, which are hard to perk. The section drains onto her property and into her pond. Ms. Garritano said that chemical wastes leaching to a nearby stream and then into her pond is of concern. The applicant’s property is not a suitable site for intense development.

Robert Platt, resident, stated that Dorset Street is narrow with no shoulders. The traffic chart from the Institute is the 6th and 7th Edition and has 35 year-old data. The studies cited are 24-years old. The 6th Edition is nationwide and only cites two studies. The numbers are not germane to the proposal. The sample size is small. The 7th Edition weekday afternoon trip numbers and adjusted traffic numbers are based on two California sites. The largest park has 122 slots and the other is in the 20-22 slot range. An up-to-date study based on New England parks, comparable with 170 lots and sites, and real data is needed. Since the proposed park would have cars going to tourist sites, a study should be done for a non-destination campsite. Also, an RV tow combination (RV towing a car or boat) can end up being 65’ in length. Mr. Platt asked about Friday afternoon/evening traffic patterns. There is a 300-unit housing development being built in South Burlington with 100 new students expected in the schools, and this will add to the road impacts.

Luce Hillman, P.E. and Shelburne resident, stated the proposal as presented is a preliminary plan. Ms. Hillman questioned the waste water calculation of 11,500 gpd when a house typically uses 450 gpd. Also, the soils on Dorset Street are poor clay soils. A discharge permit would be required. Landscaping is not shown on the site plan that was submitted. Due to the limited information available, Ms. Hillman advised having a technical professional review the application. Ms. Hillman noted that some RVs/trailers are parked year-round and asked where winter parking would be located. There is much impervious surface. Ms. Hillman asked where a storm water retention pond would be located. Ms. Hillman urged the Zoning Board to deny the current application.

Bill Hoadley, Hullcrest resident and neighbor, said that the area has impervious soils and limitations for sewer capacity. Monroe Brook is already an impaired stream, and a campground of this size could impact the conserved land and the brook. Mr. Hoadley asked if the proposed store will become a local 7/11 for the neighborhood.

Jim Maille, Maille Farm and abutter, explained that 66 acres across the road were recently purchased with Town funds for $150,000 and the Mailles gave up development rights on 43-acres in a swap. Thirty-seven acres of wetland at the north end of Shelburne Pond were purchased. It took one year and a lot of effort to conserve this land, stated Mr. Maille. Sylvia Maille stated that the proposed campground would impact their farm livelihood. Campground visitors will drink and then look for things to do, such as cow tipping. The barns are filled with hay and a careless smoker could cause a barn fire.

Bill Powers, Dorset Street resident, said Shelburne Pond was his backyard. There is concern septic from the proposed campground will leach into the pond. The Town has spent $150,000 of taxpayer and Land Trust funds to preserve the land around the pond. Also, Dorset Street is a local speedway posted at 40 mph, but many cars travel at a faster rate of speed. Mr. Powers echoed support for the suggestion to move the campground site to Westford.

Elizabeth Siebert, Cheesefactory Road resident, said she conducted an informal survey charting traffic and there were over 500 vehicles per hour at peak time past her house currently.

Pete Garritano, abutter, said he visited the Lone Pine park and counted 25 vehicle trips in/out of the park in one hour mid-day in September. The topography in the area drains into Shelburne Pond. There were septic problems at area residences this summer with all the rain. The proposal is equal to 10 to 15 cheap motels on a 39-acre property.

Laurel Neme, Butternut Lane resident and Natural Resources and Conservation Commission member (NRCC), said that the NRCC has not reviewed the proposal. The Sutton Farm/Maille Farm conservation project was done in compliance with the Shelburne Town Plan, which also fits the Shelburne Open Space Plan and visioning. The Sutton Farm project was the largest deal the Town had undertaken. One of the concerns in the Open Space Plan was addressing proposed development adjacent to town conserved land. Ms. Neme showed a sheaf of town deed copies and said that the subject property has a deed restriction on the property. It was unclear if the restriction was related to building one or more structures on the property. This should be researched legally. Impact to wells on Dorset Street is another concern. The Maille Farm cows must cross the road, which was already difficult due to traffic. There will be impacts to town roads, police/services, and recreation facilities, such as the town beach and fishing access. The proposal will violate the Town Plan.

Susan Holson, Deer Run resident, expressed concern about the impact on quality of lifestyles. There is a path from the Shelburne campground to her house. The house was burglarized 16 months ago during the night while the family was sleeping. The police caught the thieves who were from the campground. The tent portion of the proposal is of concern due to the nature of people in tents.

Maureen O’Brien, adjacent landowner and farmer, stated they have 140 undeveloped acres. Ms. O’Brien said upon review of the conditional use criteria, it does not appear the proposed campground is justified as a permitted use in the R-1 district. Ms. O’Brien suggested that a campground in Grand Isle on 200 acres would be a better place. Lone Pine Campground has over 100 acres. The peak trips per weekday do not add up with the proposal. Ms. O’Brien expressed concern that the campground will be operating during three months of the school year. This could impact Shelburne schools if long-term campers want to enroll their children. Other impacts on neighbors include trespassing on private property, noise, lights, visual impacts, and traffic. There will be a negative impact on surrounding property values. The applicant has provided limited information. Ms. O’Brien noted that other campgrounds post rules, and read a list of rules.

Terry McKnight, Governor’s Lane, said he worked for a non-profit that operated seven mobile home sites, none of which were of this scale. Mr. McKnight expressed concern that an “upscale” RV site could not regulate the types of clients using the proposed facility. It was unclear if the campground could turn people away. People can be thrown out once they are in, but this is hard to do. How the campground will handle the resulting issues from kids riding dirt bikes is of concern. Density is a concern - 170 lots close together do not fit in the neighborhood. Drinking and associated problems are also a concern. Even with a residential manager on duty 24/7, there are still problems.

Bob Van Kleck stated that the proposed project is incompatible with the neighborhood in relation to the crime risk and access to neighborhood properties. Mr. Van Kleck said he has young children and will not let them stay home alone if the project is permitted. The neighbors will call the police with noise complaints or problems.

Calista Hollyer, resident, expressed concern about impact on her well water. Also on-site fire protection has not been addressed. A swimming pool is not acceptable as a fire pond. Ms. Hollyer asked if the campground will offer park model RV rental units on site.

Robert Platt asked if sheds, decks, or fireplaces will be allowed at the camp sites, and if a written list of allowable amenities was submitted. Mr. Platt suggested residents send in letters with comments and concerns.

There were no further comments.

DELIBERATION/DECISION
CU04-19: Application by John Wagner (Owner), WAG, LLC (Applicant) and Llewellyn-Howley, Inc. (Agent) for a campground on property at 4592 Dorset Street in the Rural 1 District
Mr. Koerner explained the Board will deliberate the application after the meeting. The Board may decide to continue the hearing, schedule a site visit, or take a vote at the end of the meeting. Concerned citizens should contact the Zoning Coordinator on 10/05/04.

CU04-20: Application by Chris Nickerson and Barbara Volz (Applicants) and Bluewater Realty, LLC (Owner) for a Daycare Center with a maximum of 75 children on property at 145 Pine Haven Shores Road in the Residential-Commercial District; approval is required under §820.5 and §1610 of the Shelburne Zoning Bylaws
Martin Gold, Bluewater Realty, LLC, Chris Nickerson and Barbara Volz, Firefly Daycare Center, appeared on behalf of the application.

STAFF REPORT
Mr. Koerner reviewed the written staff report, dated 09/17/04. Mr. Bigelow said that a permit for fences would be required.

APPLICANT COMMENTS
Chris Nickerson explained the Golden Rule playground is being moved. Golden Rule and Firefly daycare centers enroll different age groups. Mr. Bigelow said there is sufficient parking and the applicant has site plan approval from the Planning Commission. Martin Gold explained the space to be used by Firefly was the former UVM training facility with instructors and clients. Mr. Bigelow clarified that the proposed daycare center would have no more impact than the previous use. Ms. Nickerson said Firefly Daycare is licensed to accept children from 6 weeks to two years old, and one-quarter of the population will have disabilities.

Ms. Webster expressed concern for the safety of the children having to cross the parking lot from the buildings to get to the play area. Ms. Nickerson replied that there was very little vehicle traffic in the area of the playground. The parking spaces on the site plan were reviewed. Trash dumpsters were emptied before 7:00 a.m. The daycare opens at 7:30 a.m. The children go outside 9:30 a.m. - 10:30 a.m. The building is less than 50’ from the playground. The playground is fenced with white vinyl fencing. There will be 75 square feet per child in the play area, which is a state approved area. A walk area with sand-filled vinyl posts and plastic fence can be installed. Most of the children are in strollers or backpacks with the caretakers. The daycare spent $700 on strollers and $700 on backpacks.

There was discussion of demand for infants with disability care (Ms. Nickerson said that a special license was not required), responsibilities that include providing space for physical therapy, specialized care and medications (caretaker to children ratio is 1:4, but a family’s therapist is welcome), state programs that provide reduced rates for care, benefits that include interaction and socialization with other children, and potential for future expansion of the space. Ms. Nickerson explained that enrollment could be up to 32 children with up to 10 employees. Two additional floating employees will allow up to three staff members per room. Ms. Nickerson explained changes planned for the playground, additional interior smoke detectors and emergency lighting, and upgrading the exterior lighting to be in compliance.

PUBLIC COMMENTS
None.

DELIBERATION/DECISION
CU04-20: Application by Chris Nickerson and Barbara Volz (Applicants) and Bluewater Realty, LLC (Owner) for a Daycare Center with a maximum of 75 children on property at 145 Pine Haven Shores Road in the Residential-Commercial District
MOTION by Ms. Webster, seconded by Mr. Waltien, to approve CU04-20, conditional use application by Chris Nickerson and Barbara Volz (Applicants) and Bluewater Realty, LLC (Owner) for a Daycare Center with a maximum of 75 children at 145 Pine Haven Shores Road in the Residential-Commercial District with conditions as outlined in the Staff Report, dated 10/04/04, and as follows:
1. The site shall be developed as shown on the site plan submitted with the conditional use application by landowner, Martin Gold, and applicants, Chris Nickerson and Barbara Volz. The site plan was prepared by Timberworks Design, dated 09/03/04, date stamped, 09/20/04.
2. Children shall be transported/escorted to the play area by daycare staff.
3. Prior to issuance of a Certificate of Occupancy for the day care center, the applicant shall confirm adequacy of wastewater allocation for current and proposed uses.
4. Within sixty (60) days of this approval, the property owner and or applicant shall record a “MEMORANDUM OF MUNICIPAL ACTION” with the Shelburne Town Clerk’s office.
VOTE: unanimous (4-0); motion carried.

3. OTHER BUSINESS
APPROVAL OF MINUTES OF 9/13/04
MOTION by Mr. Edelman, seconded by Mr. Waltien, to approve the minutes of 09/13/04 as written. VOTE: unanimous (4-0); motion carried.

The Board accepted and signed the minutes of 09/13/04 and Findings of Fact as presented.

4. 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 9:30 p.m.

MOTION by Mr. Waltien, seconded by Ms. Webster, 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 10:05 p.m.

Ch. Koerner summarized the results of the deliberative session. The Board instructs staff to consult with the applicant regarding a convenient time to conduct a Site Walk at 4592 Dorset Street for the WAG, LLC (CU04-19) application. Notice of the site visit will be provided to those persons who appeared and were heard at the site visit. Following the site visit, the Board will consult with the applicant and other interest persons regarding whether it is appropriate to close the hearing, and will set a date for submission of written filings.

As a quorum of Zoning Board of Adjustment members is available on October 25th, 2004 at 4:30; this was set as a tentative date, dependent upon applicant/agent availability, for a Site Walk. Assuming that date, written testimony received by October 21st would be available for staff to distribute to Zoning Board members prior to the Site Walk and be available for review by interested parties.

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 25th day of October 2004 for the meeting of October 4, 2004.


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Thomas Koerner, Chair Milton Edelman

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Steve Waltien Gwen Webster


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