Zoning Board of Adjustment Minutes

TOWN OF SHELBURNE
ZONING BOARD OF ADJUSTMENT
MINUTES OF MEETING
OCTOBER 6, 2003

MEMBERS PRESENT: Tom Koerner, Chairman; Steve Waltien, Milton Edelman, Boris Funtow, Gwen Webster.
STAFF PRESENT: Brian Bigelow, Zoning Coordinator.
OTHERS PRESENT: Karen Rounds, Jacques Landry, Grace Mann, Bonnie Thomas, Kris Engstrom, Todd Hotauky, Elise Hotauky, John Hasen, Mathew Taylor, Jennifer Fitzgerald, Rob Donahue (Shelburne News).

1. CALL TO ORDER
Mr. Koerner, Chairman, called the meeting to order at 7:05 p.m. and announced Old Business, Approval of Minutes, and Findings of Fact would be conducted at the end of the meeting. Deliberation/Decisions could be conducted in closed Deliberative Session at the end of the meeting as well. Mr. Koerner explained the deliberative process, noting if one member of the full Board recused him/herself, a tie vote (2:2) on an application would result in a denial. An applicant could ask for a continuation.

2. NEW BUSINESS
CU03-22, Joseph and Brenda Fernandez (owners) and Jennifer Fitzgerald and Mathew Taylor (applicants) seek conditional use approval for a retail establishment (§920.8) at 102 Harbor Road
Mathew Taylor and Jennifer Fitzgerald appeared on behalf of the application.

STAFF REPORT
Mr. Koerner reviewed the application to change the existing take out restaurant, Margarita’s, to a retail jewelry establishment.

APPLICANT COMMENTS
Mr. Taylor explained a retail goldsmith business with a small art gallery component would occupy the front rooms. There would be display cases. An upstairs two-bedroom apartment would be rented out. There were no changes planned to lighting or landscaping. Ms. Fitzgerald clarified the retail space would occupy two rooms on the first floor, and a small space by the kitchen would be a workshop. Mr. Taylor said UPS deliveries would occur less then 10 times per week. Packages would also be picked up at the Post Office.

In response to a question on parking, Mr. Bigelow answered that the parking allotment was satisfied (one space per 150 square feet of retail space). Ms. Fitzgerald estimated the shop space at 1,000 square feet with possibly up to ten cars per day. The proposed operating hours are Monday – Friday, 9:00 a.m. to 6:00 p.m. The apartment had a separate driveway where the tenants would park. Currently the rental unit was vacant.

The Board suggested the following conditions to the application:
• Modify site plan showing the apartment parking spaces and an accurate floor plan with workspace, retail, and bathroom square footage noted. Site plan review required.
• Extend hours during holiday season to 9:00 p.m., two nights per week (Thursday, Friday, or Saturday), November through February.
• Approval for continued use of the upstairs apartment.

There was further discussion of parking space requirements. Mr. Taylor said that the courtyard area had a buried propane tank and could not be used for parking. Mr. Bigelow said the DRB and Zoning Coordinator would review the new sign application.

PUBLIC COMMENTS
Ms. Engstrom, resident, explained that when the space was a flower shop, the shop was considered retail. The owner made a parking lot to satisfy Town requirements at that time.

Ms. Thomas, neighbor, spoke in favor of the application and welcomed the business. Ms. Thomas asked if the commercial kitchen would be used. Mr. Taylor replied just for personal use or an occasional open house event.

Mr. Hasen, neighbor, spoke in support of the application as a good mix; the hours were reasonable and the proposed holiday hours were no problem. The operation fits in with the neighborhood.

DELIBERATION/DECISION
Conditional Use for Retail Establishment, 102 Harbor Road, Joseph & Brenda Fernandez (owners) and Jennifer Fitzgerald & Mathew Taylor (applicants),CU03-22
MOTION by Mr. Waltien, seconded by Mr. Edelman, to grant the conditional use request to convert a take-out restaurant into a retail establishment under Section 920.8 of the Town of Shelburne Zoning Bylaws for the property located at 102 Harbor Road in the Village and Village Design Review Overlay Districts with the following conditions:
1. Signage to indicate location of off-street parking to be installed and maintained.
2. Owners to submit a letter formally surrendering the previous commercial (restaurant) approval to a retail use.
3. Submittal of an updated site plan showing the apartment parking spaces and an accurate floor plan with workspace, retail, and bathroom square footage noted.
4. Approval of continued use of the existing upstairs apartment.
5. Extended hours during the November through February holiday season to 9:00 p.m., two nights per week (Thursday, Friday, or Saturday).
6. Within sixty (60) days of this approval, the property owner shall record a “Memorandum of Municipal Action” with the Shelburne Town Clerk’s office (document will notify future property owners of the approval and conditions).
DISCUSSION: Mr. Hasen asked if the retail shop would keep the neon window “open” sign. Mr. Taylor replied the sign would not be used.
VOTE: unanimous (5-0); motion carried.

CU-03-21, Coastal Realty LLC (Owner) and Karen Rounds (Applicant, dba Curves) seek conditional use approval for an indoor recreational facility (§820.25) at 3762 Shelburne Road
Karen Rounds, Curves representative, and Jacques Landry, Coastal Realty representative, appeared on behalf of the application.

STAFF REPORT
Mr. Koerner read the staff report on the proposed use (Curves) located at Tennybrook Square, which was a nonconforming lot. As conditioned 17 years ago, any changes would require a conditional use permit. Mr. Bigelow noted that the parking lot capacity has seemed adequate for the various mixes of uses over time.

APPLICANT COMMENTS
Ms. Rounds explained that Curves was a fitness franchise for women. The club would be the 14th opened in Vermont. Ms. Rounds currently owned five Curves clubs. The club would have dressing rooms and bathrooms, but no shower facilities. Square footage was 1,840, and it was estimated that there would be up to eight cars per hour at full enrollment. Hours of operation were Monday-Friday, and Saturday until Noon. There are no Sunday hours.

PUBLIC COMMENT
There were no public comments. Mr. Bigelow noted that a sign application was received and would be issued upon ZBA approval of the application.

DELIBERATION/DECISION
Conditional Use for Indoor Recreational Facility (d/b/a Curves) at 3762 Shelburne Road by Coastal Realty LLC and Karen Rounds, CU-03-21
MOTION by Mr. Waltien, seconded by Mr. Funtow, to grant the conditional use request under Article VIII, Residential Commercial Zoning District and §820.25, for an indoor recreational facilities for Curves at 3762 Shelburne Road with the following conditions:
1. The changes to and uses of the site shall occur as indicated on the Site Plan, date stamped August 28, 2003, as prepared by the applicant and submitted with the conditional use application and approved by the Board during the public hearing on October 6, 2003.
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 (document will notify future property owners of the approval and conditions).
VOTE: unanimous (5-0); motion carried.


CU03-24, Gary Krasofski (Owner) seeks conditional use approval to modify a noncomplying structure (§1330.2, §1430.1 and §1620.2.2) at 670 Bay Road.

Mr. Koerner noted that applicant has requested that his application be continued to the November Zoning Board of Adjustment meeting.

CU03-25, Michael Stone seeks conditional use approval to expand noncomplying structures within the Lakeshore District at 1531 Quaker Smith Point Road under §1330.2 and §1620.2
Mr. Koerner recused himself, stepped down as Zoning Board Chairman, and appeared on behalf of the application. Ms. Webster assumed the duties of chairperson.

STAFF REPORT
Ms. Webster read the staff report on the application.

APPLICANT COMMENTS
Mr. Koerner reviewed the location of the 1810 Quaker Smith Point house, additions, barn/kennel, hunting lodge, and silo/water tower on a site map. The 3,000 square foot home was purchased recently from the Webb family as a summer residence. The application included two parts:
1. The existing garage/workshop, barn/kennel, and silo/water tower would be taken down and rebuilt. The garage/workshop would be utilized as an office, guest quarters, and storage area within the same footprint. Of those structures only the garage/workshop encroached into the Lakeshore Overlay District.
2. The trophy room would be taken down and rebuilt in the same location and connected to the main house. An existing mud room would be replaced and enlarged as a family room.

Mr. Koerner reviewed the following:
• The trophy room was approximately 70 percent within the 100 foot setback line. The height would be 23.5 feet.
• Volume calculations were included in the Staff Report. New information regarding the garage/workshop was presented.
• The floor plan included a footprint of the lodge and mud room.
• Site plan shows changes as follows: the large existing dwelling unit, a single story connector, and the rebuilt “trophy room/lodge” with a ridge line (one foot higher then existing, but still under the 35 foot height requirement). The roof would be slate and standing seam metal.
• Garage/shop volume was corrected to 44.5 percent versus the 22 percent increase identified within the staff report. Two bays (400 cubic feet) would be removed, and the height increased three feet. The garage wings were the same (proposed for office, guest room, upstairs bunk room and bathroom). The exterior garage doors would be replaced with windows and dormers would be placed on the second floor.

PUBLIC COMMENTS
There were no public comments.

DELIBERATION/DECISION
Conditional Use to Expand Noncomplying Structures at 1531 Quaker Smith Point Road by Michael Stone, CU03-25
MOTION by Mr. Funtow, seconded by Mr. Edelman, to grant the conditional use request by Michael Stone for property located at 1531 Quaker Smith Point to expand noncomplying structures in the Lakeshore District, under Article XVI, General Regulations, Section 1620.2.2, Noncomplying Structures, and Article XIII, Lakeshore Overlay District, Section 1330.1.2 and for additions to existing nonconforming structures (specifically to rebuild two existing noncomplying structures and an addition that connects one of the rebuilt structures to a third noncomplying structure) with the following conditions:
1. The current configuration of the house and lodge consists of a total of 72,675 cubic feet. Total increase limited to 16,909 cubic feet. There are 19,428.5 cubic feet available for future expansion without exceeding the maximum fifty percent (50%) expansion of the outside dimensions of the original noncomplying buildings, and not encroach any closer to the 102 foot setback.
2. The current configuration of the garage consists of a total of 22,593 cubic feet. Increase limited to 10,054 cubic feet, for a volume calculation of 44.5 percent. There are 1,243 cubic feet available for future expansion without exceeding the maximum fifty percent (50%) expansion of the outside dimensions of the original noncomplying building.
3. The site improvements shall comply with the site plan 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 September 19, 2003, which were submitted with the conditional use application and approved by the Board during the public hearing on October 6, 2003 as amended.
4. 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.
5. Prior to the occupancy of the additions, 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 #1, #2 and #3 above.
6. Within sixty (60) days of this approval, the property owner shall record a “Memorandum of Municipal Action” with the Shelburne Town Clerk’s office (document will notify future property owners of the approval and conditions).
VOTE: unanimous (4-0); motion carried.

Mr. Koerner rejoined the Zoning Board as Chairman.

3. APPROVAL OF MINUTES
MOTION by Mr. Edelman, seconded by Mr. Waltien, to approve the minutes of 09/08/03 as written. VOTE: unanimous (5-0); motion carried.

4. DELIBERATION SESSION
MOTION by Mr. Waltien, seconded by Mr. Edelman, to enter Deliberative Session. VOTE: unanimous (5-0); motion carried.

The ZBA entered Deliberative Session at 8:20 p.m.

5. DELIBERATION SESSION
MOTION by Ms. Webster, seconded by Mr. Edelman, to exit Deliberative Session. VOTE: unanimous (5-0); motion carried.

The ZBA exited Deliberative Session at 9:10 p.m.

MOTION by Ms. Webster, seconded by Mr. Waltien, to approve the application of Jolley Associates Inc. (A03-20).
VOTE: unanimous (0-5); motion failed.

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

The meeting was adjourned at 9:20 p.m.

Minutes respectfully submitted by Kathlyn Furr, Recording Secretary.

Dated at Shelburne, Vermont this 3rd day of November, 2003 for the meeting of October 6, 2003.

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Tom Koerner, Chairman Gwen Webster, Vice Chair

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Boris Funtow Steve Waltien

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Milton Edelman