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Zoning Board of Adjustment Minutes
ZONING BOARD OF ADJUSTMENT SPECIAL MEETING December 20, 2004 MEMBERS PRESENT: Tom Koerner, Chairperson; Milton Edelman, Steve Waltien, Gwen Webster, Boris Funtow. ADMINISTRATION: Cindy Tyminski, Acting Zoning Coordinator. OTHERS PRESENT: Gregg Beldock, Joseph Fallon. 1. CALL TO ORDER Mr. Koerner called the meeting to order at 7:00 p.m. Introductions were made. Mr. Koerner explained the deliberative process and noted with only four ZBA 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. The fifth board member entered the meeting and a full board was present. Mr. Koerner explained that a Deliberative Session may be held at the end of the hearing. 2. NEW BUSINESS CU04-23: Conditional Use request for approval under Article XVI, General Regulations, Section 1620, Nonconforming Uses and Noncomplying Structures to expand a noncomplying structure which does not diminish any yard or setback beyond that of the existing building line Gregg Beldock, applicant, and Joseph Fallon, agent, appeared on behalf of the application. STAFF REPORT Mr. Koerner reviewed the conditional use application by Fieldhouse, LLC, owner, for property located on 166 Blodgett Avenue (Athletic Drive). The applicant was before the ZBA previously for the housing component of the overall project. The housing component of the project was granted a ZBA approval to extend the Village District 50’ to the west as noted in the Staff Report. APPLICANT COMMENTS Mr. Beldock stated that it was his opinion that the Town of Shelburne is a co-applicant on this project. He then explained that it was discovered that conditional use approval was needed because the proposed addition was to a nonconforming structure. Mr. Beldock asserted that the project would not decrease the setback between the proposed building expansion and the boundary. When asked if the building was parallel to the western lot line, he stated that the building is not exactly parallel to the property line but the corner of the new addition will not decrease the setback further. The distance is 23’ now and the other corner of the addition will also be 23’ from the lot line. He stated that he has had discussions with VTrans and Vermont Railway regarding the boundary line location and potential for acquisition of an easement if necessary. Mr. Beldock stated that the line would be surveyed. Mr. Beldock also stated that Labor and Industry might require the structure to be 30’ from the property line. Mr. Edelman pointed out that the setback distances that Mr. Beldock was drawing on the plan at the meeting needed to be labeled, signed and dated. Mr. Beldock agreed verbally to do so, but then failed to comply with Mr. Edelman’s request. Mr. Beldock said the existing distance is 23’and that the property had been surveyed. Ms. Tyminski said the Zoning Office had requested an engineer’s plan with dimensions on it and that she still needs this plan. Mr. Koerner asked for clarification on the reason for the special meeting was needed for this application. Mr. Beldock stated that he needed the approval before the end of the year for tax purposes. Town Counsel in a letter, dated 12/20/04, stating his opinion that areas of shared use with the adjacent lot could be deemed as merged for the purpose of determining compliance with the setback requirements of the western lot line. This letter was shown to the applicant. The applicant said he could not explain the letter any further. There was lengthy discussion of the Planning Commission approval and what was to be covered by the Zoning Board conditional use application. Mr. Beldock reiterated his belief that the Town of Shelburne is a partner in the proposed project. He claimed that the plan has not changed, and he thought all the approvals were secured. Mr. Beldock explained that there is an agreement with the Town to transfer the lands for ball fields to the town. He said he was to have had started work on the fields by now. Mr. Beldock said he found out about the need for a conditional use for the setback issue just before Thanksgiving. Ms. Tyminski said Zoning Coordinator, Brian Bigelow, wrote a letter to Mr. Beldock about the need for the conditional use approval eleven months earlier in January 2004. She said that Mr. Bigelow had faxed a copy to George Faris, who was at that time Mr. Beldock’s agent. Mr. Beldock noted that at an October 2004 meeting with Mr. Faris, the town attorney, and the town manager; there was no mention of the need for conditional use approval. Mr. Beldock restated the deal must be closed by 01/01/05 or any benefit to the developer would be obviated. Mr. Beldock explained that the Town wanted all the playing fields on town property, and he acquiesced and gave up the parking spaces. He said he would retain an easement to use the parking lot. The 40 acres of the overall project is now divided into three lots. An 8.7-acre lot (this proposed application), a 3-acre lot (housing), and the balance in the third lot (ball fields). Mr. Funtow asked for clarification regarding the parking lot boundary and if the lot was owned by the Fieldhouse, LLC. Ms. Webster asked for clarification regarding the westerly boundary and line. Ms. Tyminski said town counsel advised that the adjacent lot may be deemed merged for purposes of determining compliance with setback requirements. There will be a shared use of the parking lot. Mr. Funtow commented that asking the ZBA to ignore a boundary does not make sense. Mr. Beldock stated that the front yard has been moved around and is now the side-yard. Mr. Beldock showed the principal access to the building and noted the lot is the primary parking lot for the building. Mr. Beldock said that the rear yard setback is 50’ Ms. Webster stated the ZBA needs exact distances (measurement in feet and inches) for the side yard, front yard, and parking lot boundary. Mr. Beldock stated the plan was approved by the Planning Commission and is legally filed. Mr. Waltien commented that the Planning Commission did not address the conditional use for the setbacks. Mr. Beldock questioned the need for the conditional use and why the matter was not brought up when the housing conditional use was before the Board five months ago. Ms. Webster pointed out the ZBA only dealt with the issue before them which was the housing lot conditional use application. Mr. Funtow noted that athletic use is a permitted use per the zoning regulations. Mr. Fallon stated according to the town counsel letter, the western boundary line is permissible based on reciprocal easements between the Town and the applicant. Mr. Koerner read the letter from the town Counsel, dated 12/20/04. Ms. Tyminski said she believes that the easement extends to the edge of the parking lot because that is the limit of shared use. Mr. Fallon said the easement would be signed at the time of conveyance of the ball field lots to the town. Mr. Edelman asked to review a copy of the easement conditions. Mr. Fallon provided a draft copy of the document prepared by town counsel. Mr. Beldock reiterated that the transfers are to take place prior to January 1st and all the necessary permits need to be in place. Mr. Beldock restated that having this done by January 1st 2005 is necessary for tax reasons. He represented that this project is a million-dollar gift to the Town of Shelburne. Mr. Beldock said he has been working four years on the project. Mr. Funtow spoke in support of the Planning Commission’s prior approval. The ZBA will address the expansion to the “Blodgett” building only. Mr. Fallon said a conditional use is needed for both boundary lines, and suggested the ZBA table the issue until the western boundary issue is clarified. It was noted the west boundary line is drawn on the plan and legal counsel advised that this is not a problem. With the current application, the proposed expansion of the building is on the applicant’s property. The parking lot and playing field are not structures. Paving can occur right up to the structure. Ms. Tyminski said the ZBA would need to review the east, north and west boundary lines. PUBLIC COMMENTS None. 3. OTHER BUSINESS None. 4. DELIBERATIVE SESSION The ZBA entered Deliberative Session at 7:55 p.m. 5. DECISION CU04-23: Conditional Use, Expand Noncomplying Structure, Gregg Beldock, Blodgett Avenue (Athletic Drive) MOTION by Mr. Waltien, seconded by Mr. Edelman, to grant Conditional Use approval under Article XVI, General Regulations, Section 1620.2, Noncomplying Structures to submit a site plan to reflect compliance with the setback requirements and to meet the following conditions: 1. Submittal of a new site plan, restricted to the extent of this proposal, drawn to a scale of 1” =20’0 and stamped by a registered engineer which include all of the following: Property owner’s name; North Arrow; Location Map; Date; Scale (Graphic and Written); Lot Lines; Bearings indicated on the easterly boundary line; Existing Building and the expansion requested in this proposal; Dimensional labels representing setback distances from each corner of the existing building measured from the finished exterior surface to its adjacent property line(s); Dimensional labels representing setback distances from each corner of the proposed expansion of the building measure from the finished exterior wall to its adjacent property line(s); Precise location on the site plan of any areas on contiguous lots that are designated as easements and/or proposed easements (including the proposed easement from which the westerly setback is calculated); Site features (wooded areas, streams, drainage swales, ledge, wetlands); Name, address, and phone number of the person who prepared the plan; Name, address, and phone number of the person who stamps the plan; Location of existing and proposed streets; Location of existing and proposed driveways; Location of existing and proposed pedestrian and bike paths; Location of utility and facility easements; Location of drainage easements; Location of outdoor lighting and Location of signage. 2. Submittal of building elevations, one for each façade that has been proposed to be expanded, depicting the character of the proposed expansion. 3. The proposed expansion located on the eastern and northern side of the building shall not diminish any setbacks more than that of the existing building line. 4. This conditional use approval shall become effective upon: The submittal of the a complete site plan and elevations with all the requirements described in the conditions 1 and 2; The Acting Zoning Administrator granting administrative approval indicating the plan and elevations have complied with conditions 1, 2 and 3; and The Acting Zoning Coordinator has signed and dated the submitted site plan indicating their approval. 5. This conditional use approval is contingent on the granting of the proposed easement located on the adjacent western property and identified on the submitted site plan, to the applicant. 6. This approval encompasses elements identified as ‘Immediate Expansion’ only as reviewed at the Zoning board of Adjustment meeting of December 20, 2004. Specific plans for the implementation of any other expansions to this building must undergo review according to appropriate section of the bylaw (e.g. Site Plan Review and Conditional Use Review). 7. 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. 8. The zoning/building permit application for this expansion must be filed at least 30 days prior to the initiation of all construction. Issuance of a zoning/building permit for this expansion will require compliance with all the conditions cited above. VOTE: (3-2) in favor; motion carried. The ZBA entered Deliberative Session at 7:55 p.m. Minutes respectfully submitted by Kathlyn Furr, Recording Secretary. Dated at Shelburne, Vermont this 3rd day of January 2005 for the meeting of December 20, 2004. Thomas Koerner, Chair Gwen Webster Steve Waltien Boris Funtow Milton Edelman Zoning Board of Adjustment Minutes February 2004 Zoning Board of Adjustment Minutes March 2004 Zoning Board of Adjustment Minutes April 2004 Zoning Board of Adjustment Minutes May 2004 Zoning Board of Adjustment Minutes June 2004 Zoning Board of Adjustment Minutes July 2004 Zoning Board of Adjustment Minutes August 2004 Zoning Board of Adjustment Minutes September 2004 Zoning Board of Adjustment Minutes October 2004 Zoning Board of Adjustment Minutes November 2004 Zoning Board of Adjustment Minutes December 2004 Zoning Board of Adjustment Minutes |
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