Zoning Board of Adjustment Minutes

TOWN OF SHELBURNE
ZONING BOARD OF ADJUSTMENT
MINUTES OF MEETING
DECEMBER 8, 2003

MEMBERS PRESENT: Tom Koerner, Chairman; Steve Waltien, Milton Edelman, Boris Funtow, Gwen Webster.
STAFF PRESENT: Brian Bigelow, Zoning Coordinator.
OTHERS PRESENT: Marilene Luxton-Jones, Kris Engstrom, Donna Hathaway, Judy Raven, Rob Donahue (Shelburne News).

1. CALL TO ORDER
Mr. Koerner, Chairman, called the meeting to order at 7:030 p.m., and noted that approval of minutes would be conducted at the end of the meeting. Findings of Fact and Deliberation/Decisions could be conducted in a closed Deliberative Session at the end of the hearing as well. Mr. Koerner explained the deliberative process.

2. NEW BUSINESS
CU 03-29 Conditional Use review and approval under Article XVI, General Regulations, Section 1620.2.2, Noncomplying Structures
Marilene Luxton-Jones, owner, appeared on behalf of the application. Ms. Webster noted that she is a friend and former roommate of the applicant and offered to step down. It was the consensus of the ZBA that this would not be necessary.


STAFF REPORT
Mr. Koerner summarized the Staff Report and the application as a request for a conditional use approval for the addition of a second story dormer on the West side of a noncomplying structure located within the 50’ setback for a single family residence from Route 7 in the Village district. A site plan with property boundaries was provided.

APPLICANT COMMENTS
Ms. Luxton-Jones noted the improvements to the existing structure have evolved most recently with the decision to operate a Bed & Breakfast at 5955 Shelburne Road. Prior to the current application, a project to replace the roof has been modified twice; first for a dormer on the East/Rear side of the house and secondly with the proposal for a dormer on the West/Front side. The house sits on a 100’ x 125’ lot. Ms Luxton-Jones initiated the process in July and has obtained approvals from the Shelburne Historic Preservation and Review Commission (SHPDRC) and the Planning Commission. The proposed uses on the lot (Single Family Dwelling, Home Occupation, Bed & Breakfast, Multiple Uses) are all Permitted Uses under §910. Adequate area for parking is available on site and actual configuration would be finalized at Site Plan review.

PUBLIC COMMENTS
Area residents Kris Engstrom and Donna Hathaway attended the meeting and voiced their support of the proposal. Abutter Tom Scanlon submitted a letter of support. The Shelburne Museum (in the person of Bob Furrer), abutter to the West across Shelburne Road/Route7, contacted staff, not to object, but to ensure that all parties were aware that the proposal access points for both properties were almost directly across from each other.

DELIBERATION
Conformance of proposal to §1620.2.2 noted. Applicant advised to contact the State for relevant approvals as a public building.

DECISION:

MOTION by Mr. Waltien, seconded by Mr. Edelman, to grant Conditional Use approval for CU03-29, the application of Marilene Luxton-Jones of 5955 Shelburne Road to modify a noncomplying structure under §1620.2.2 of the Shelburne Zoning Bylaw subject to the following conditions:

1. The site improvements shall occur as indicated on the untitled site plan submitted for Zoning Board of Adjustment review, prepared by Marilene Luxton-Jones, date stamped 11/07/03, as amended and conditioned.
2. Applicant responsible to obtain any and all required state permits as a public building.
3. 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.

The Zoning Board of Adjustment, staff and applicant had a discussion on the sequence of additional approvals required by the applicant to include, revision to building permit and return visits to the SHPDRC and Planning Commission. It was confirmed that revisions to the Site Plan that result from subsequent Planning Commission review, but are unrelated to the modifications of the structure, will not necessitate additional review by the Zoning Board of Adjustment.

CU03-27R1, Shelburne Craft School Corporation, 60 Harbor Road, for Conditional Use review and approval under Article IX, Village District, Section 920.20, Similar Uses
Judy Raven, Director of the Shelburne Craft School, appeared on behalf of the application. Mr. Koerner noted that he might be perceived to have a conflict of interest since he drew the site plan for the school, albeit with no financial compensation. It was the consensus of the ZBA that this would not be necessary.

STAFF REPORT
Mr. Koerner reviewed the situation that the original Conditional Use request (CU03-27) for a 14’x 24’ pottery shop addition to a noncomplying structure could not be considered as the school, absent certification from the State of Vermont, is a nonconforming use rather than a permitted use under §910.5. The revised application for approval under §920.20 would recognize the current use of the school as an allowed, conditional use.

APPLICANT COMMENTS
Ms. Raven explained that the mission and size of the school are unchanged and that this application is to formalize the status of the school under the Zoning Bylaws.

PUBLIC COMMENTS
There were no comments from the public.

DELIBERATION
Conformance of proposal to §920.20, similar uses and §1610, conditional uses noted.

DECISION:

MOTION by Mr. Waltien, seconded by Mr. Edelman, to grant Conditional Use approval, under §920.20 for CU03-27R1, to Shelburne Craft School, 60, 64 and 66 Harbor Road as a use similar to §910.5 an educational institution, certified by the Vermont Department of Education. Specifically that as an educational institution without certification by the Vermont Department of Education, it is of the same general character of other allowed uses in the district and that as a 55 year occupant of the property the use will not be detrimental to other uses in the district and adjoining properties, subject to the following conditions:

1. The site shall be utilized as shown on the site plan and elevations, prepared by Thomas Koerner for the Shelburne Craft School, date stamped October 24, 2003 which were submitted with the conditional use application and approved by the Board during the public hearing on December 8, 2003 as amended.
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.

VOTE: unanimous (5-0); motion carried.


3. OLD BUSINESS

CU03-27, Shelburne Craft School Corporation, 60 Harbor Road, for a Conditional Use review and approval under Article XVI, General Regulations, Section 1620.2.2, Noncomplying Structures
Judy Raven, Director of the Shelburne Craft School, appeared on behalf of the application. Mr. Koerner restated his involvement related to the preparation of the site plan for the school. It was the consensus of the ZBA that this would continue to not be a problem. Note was made about how the application was given thorough review at the November 3, 2003 Zoning Board of Adjustment before being tabled. The application had been tabled due to the prohibition against the expansion of structures housing a nonconforming use under §1620.1.4. As a result of approval of CU03-27R1, the structure is considered to house an allowed, conforming use.

STAFF REPORT
Mr. Koerner reviewed the Staff Report related to the Conditional Use request for a 14’x 24’ pottery shop addition at the school campus. The proposed addition would replace an existing open-air pottery shed.

APPLICANT COMMENTS
Ms. Raven, reviewed the original project, explained that currently there was one indoor kiln and two kilns located in an outdoor structure. The plan is to consolidate all three kilns in one area. The outdoor structure would be taken down. The proposed addition would not encroach further into the setbacks maintaining the existing building.

PUBLIC COMMENTS
There were no comments from the public. Ms Raven noted that the plan was discussed with Mrs. Senior, Tracy House, and she has no objections. Mr. Bigelow confirmed that Mrs. Senior was aware of the application.

DELIBERATION
Conformance of proposal to §1620.2.2 noted.

DECISION:

MOTION by Ms. Webster, seconded by Mr. Edelman, to approve the request by the Shelburne Craft School for Conditional Use approval for a 14’x24’ pottery shed addition to a noncomplying structure under §1620.2.2.

1. The site improvements shall comply with the site plan and elevations, prepared by Thomas Koerner for the Shelburne Craft School, date stamped October 24, 2003 which were submitted with the conditional use application and approved by the Board during the public hearing on December 8, 2003 as amended.
2. Prior to application for a building permit applicant will provide information about the kilns for review by the Chief of the Shelburne Fire Department.
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 (5-0); motion carried.

Other Business:

Staff advised the Board that Stuart and Anzi Jacobs have withdrawn the variance component of Application CU/V03-26.

Staff advised the Board the Environmental Court has denied the appeal of Gardner Construction, Inc. related to CU/V02-26.


4. APPROVAL OF MINUTES

MINUTES OF NOVEMBER 3, 2003
MOTION by Mr. Waltien, seconded by Ms. Webster, to approve the minutes of 11/03/03 as written. VOTE: unanimous (5-0); motion carried.

5. ADJOURNMENT

MOTION by Mr. Koerner, seconded by Mr. Edelman, to adjourn the meeting. VOTE: unanimous (5-0); motion carried.

The ZBA meeting was adjourned at 8:15 p.m.

Minutes respectfully submitted by Brian Bigelow, Acting Secretary.



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Thomas Koerner, Chair Milton Edelman

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Gwen Webster Boris Funtow

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Steve Waltien

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