MEMBERS PRESENT:       Tom Koerner, Chairman; Mel Edelman, Boris Funtow, Gwen Webster.  (Steve Waltien was absent.)

STAFF PRESENT:     Shannon Courville, Zoning Administrator.

OTHERS PRESENT:    Gillian Senior, John Anderson, John Powell, Paul Bohne,   Michael Wisniewski, Andy Broderick, Jeffrey Kapsalis, Rob Donahue (Shelburne News).

 

Mr. Koerner, Chairman, called the meeting to order at 7:05 p.m. and noted that Old Business, Findings of Fact, and approval of minutes would be heard at the end of the meeting.  Furthermore, a tie vote (two ayes, two nays) due to only four board members being present would result in a denial.  An applicant could request a delay until the full board was present.

 

Paul Bohne, Shelburne Town Manager, John Powell, Michael Wisniewski, Andy Broderick, and Liz Curry appeared on behalf of the application.

 

Shannon Courville reviewed that the application had been re-warned to modify a conditional use granted in 2000 for the Noonan House project.

 

Michael Wisniewski said that there was no new information submitted, and read the Findings of Fact from a final version approval, dated 07/17 and 08/04/03.

 

Andy Broderick, Lake Champlain Housing Development Corporation representative, reviewed concerns about parking requirements, and noted that one space per unit was adequate.  Provisions in the lease agreement included one parking space per unit, and there were mechanisms in place to operate under those conditions.  There was lengthy discussion about zoning regulations requiring two parking spaces per living unit, one parking space per 200 square feet of professional space, a question of how many spaces were allocated by the Planning Commission (10.5 versus 7) for the 2000 Noonan House application (documentation in the applicant's files was unclear), the process regarding parking space allocation.  Paul Bohne said that the 2000 parking calculations covered a variety of uses. The Town has 170 spaces, and based on the 2000 decision, every parking space had been allocated.  If the Town must supply 10 parking spaces versus seven spaces for the Noonan House project, those three spaces would cause problems.  Studio apartments were not listed as a use in Section 1670(m).  The May 2000 application parking calculations were based on various uses per the zoning bylaws or were covered by the Planning Commission, explained Mr. Bohne.  Boris Funtow said the uses were unspecified at the  time of the 2000 application.  The ZBA was looking at the current application as a single lot versus a PUD.  Mel Edelman said that the Planning Commission might have felt seven spaces were adequate, but the ZBA was bound to follow the zoning regulations.  Seven spaces was not binding on the ZBA; the regulations clearly state that a residential building requires two spaces per unit. The Town could return to the Planning Commission for approval of seven spaces once the ZBA approved the application with 10 spaces, suggested Mr. Edelman.  Ms. Webster mentioned a variance could be sought.  Furthermore, the Planning Commission did not make a motion citing Section 1670(m), but did say "a single family dwelling".  Mr. Courville confirmed that the application was for a residential dwelling, which required two parking spaces per unit.  Mr. Bohne confirmed parking was specifically under site plan review, and the Planning Commission had reviewed parking.  The ZBA could rule that the bylaws were satisfied.  Mr. Bohne said that a letter of opinion from Joel McLain was submitted on the issue of parking as a conditional use under character of the neighborhood. The ZBA could determine that the 2000 calculations were adequate per Mr. McLain's letter.  Andy Broderick clarified the issue is a situation that affects the character of a neighborhood or where overflow parking blocks a street, which would not occur in this instance.  The ZBA should defer to the Planning Commission decision, said Mr. Broderick.  Mr. Koerner pointed out that the Planning Commission placed overflow parking at the Parade Ground. Parking review was included in the zoning regulations.  The Town could eliminate that section from the regulations, but the ZBA had to apply the same criteria to the Town as it would other applicants.  Mr. Bohne commented that as Town Manager he was looking out for future development of the site.  There were concerns that parking spaces must be available on site versus the Planning Commission ruling related to future development of the site.

 

There were no comments from the public on the application at this time.

 

The ZBA will deliberate the application at the end of the meeting.

 

Gillian Senior appeared on behalf of the application.

 

STAFF REPORT

Mr. Koerner read the request for conditional use approval to modify a noncomplying structure.  Mr. Courville said that the site plan would be updated and a variance was not required.  The application was warned as a Conditional Use.

 

Ms. Senior said that upon the ZBA request she examined extending the building on the north side versus the west side of the existing building.  A 14' x 15'  Victorian style solarium was proposed. The structure is within the setback requirements.  The existing noncomplying structure would not be any more nonconforming than it was currently.  The addition would be heated with a propane monitor for year-round use.

 

Mr. Koerner asked if there were any residents located to the north of the applicant’s lot.  Ms. Senior replied that one house was located greater than 200' to the north.  There is a tall buffer hedge between the properties.

 

There were no comments from the public on the application at this time.

 

MOTION by Ms. Webster, seconded by Mr. Edelman, to grant Conditional Use approval under Shelburne Bylaw 1620.2(2) to modify a noncomplying structure at 226 Shelburne Road with the following conditions:

 

Mr. Koerner noted the application would appear before the Design Review Committee, and then the Planning Commission for a building permit.

 

John Anderson appeared on behalf of the application.

 

Mr. Koerner noted that a letter from Stephen Unsworth was submitted, dated 04/04/03, stating there were no objections to the improvements as proposed.

Mr. Johnson explained the landscaping project with a small modification to the existing structure (former Swift House) that included extending an existing patio, defining an embankment with new plantings, stonewalls and a hot tub (set into the ground on a concrete slab) on the south side of the house.  The hot tub would be partly within the 100' lakeshore setback.  Two existing decks would be upgraded with dimensional lumber and cable railings.  A site plan was submitted.  Mr. Johnson pointed out the locations of the proposed stonewalls, decks and plantings on the site plan.

 

There was discussion of the location of the proposed hot tub. It was determined that the hot tub was not enlarging a noncomplying structure. The definition of a structure were also discussed. Stonewalls were not considered a structure.

 

There were no comments from the public on the application at this time.

 

MOTION by Mr. Funtow, seconded by Ms. Webster, to approve CU03-18, the request for Conditional Use review under Article XIII, Lakeshore Overlay District, Section 1330.1.2, Additions to Existing Noncomplying Structures, to install a new deck and a new stone terrace with stonewalls and a hot tub to a structure within the 100' setback from Lake Champlain, and Condition Use approval under the Town of Shelburne Zoning Bylaw Section 1620.2(2), Modification of a Noncomplying Structure, with the following conditions:

 

Mr. Courville noted that a building permit was required for the proposed decking. Construction could start 15 days after a building permit was issued.

 

Jeffrey Kapsalis appeared on behalf of the application.

 

Mr. Koerner reviewed the request for modification to a side yard variance for a barn.

 

Jeff Kapsalis reviewed the original proposal for a barn for home storage and a carpenter shop, which upon reflection was too small.  A revised structure of 32' x 24' with an attached 10' x 14' shed (for tools and equipment) was requested.  Mr. Kapsalis said he could submit photographs of the site. Findings of Fact were on record. The lot was two acres versus five acres in the Rural District.

 

Mr. Koerner noted that a side yard variance for an 18' x 24' structure was already granted.  Mr. Courville said that an amended variance was requested. Staff recommended that the ZBA deny the request based on Vermont State variance requirements.  Mr. Kapsalis said that an additional one to two feet of room was needed. The structure would be moved into the property.  Mr. Courville noted the rear yard setback was 50'.  Mr. Koerner pointed out the plan showed the proposed building at 57', which must be correct to avoid future problems.  There was discussion of the existing house with a garage underneath and an accessory apartment.  Ms. Webster read about "reasonable use of the property" from the previously approved application.  It was noted that the request should be changed to read: "…previously received a variance to construct an 18 feet long, 24 feet wide…" versus "… 18' x 26'…".  The ZBA recommended that the applicant ensure the measurements in relation to the setback requirement.  Mr. Courville read State Statute Title 24, Section 4468 related to a variance.

 

There were no comments from the public on the application at this time.

 

MOTION by Mr. Edelman, seconded by Mr. Funtow, that the Applicant previously received a variance to construct an 18 feet long, 24 feet wide, and 16 feet 2.6 inches high barn within the side yard setback at 4901 Dorset Street, and the immediate request is for a revision to that approval to increase the size of the barn to 32 feet long, 24 feet wide and 24 feet high, with an attached shed 10 feet by 14 feet on the easterly side, the property is in the Rural 1 District, subject to conditions:

 

Mr. Koerner noted that a building permit was required.

 

The Chairperson adjourned the meeting at 8:25 p.m.

Minutes respectfully submitted by Kathlyn Furr, Recording Secretary.

 

Dated at Shelburne, Vermont this 8th day of September, 2003 for the meeting of August 4, 2003.

 

Tom Koerner, Chairman

Boris Funtow

Milton Edelman

Steve Waltien

Gwen Webster