MEMBERS PRESENT:       Tom Koerner, Chairman; Steve Waltien, Milton Edelman, Boris Funtow, Gwen Webster.

STAFF PRESENT:                Shannon Courville, Zoning Administrator.

OTHERS PRESENT:            Stephen Booth, Joanne Palmisano, Michael Wisniewski, Jerry Francis, Amy Dohner, Tom Henry, Wayne Deslaurier.

 

Mr. Koerner, Chairman, called the meeting to order at 7:02 p.m., and noted that Findings of Fact and Deliberation/Decisions could be conducted at the end of the hearing. 

Stephen Booth and Joanne Palmisano, owners, appeared on behalf of the application.

Mr. Koerner reviewed the staff report. There was brief discussion regarding the existing structure and additions. Mr. Courville said that here was no history on the building.

 

Mr. Booth explained the existing structure was a seasonal cottage built by Robert Coleman in 1950, but was now used as a year-round residence.  An addition was added sometime in the 1960s.  There was a stone foundation, which did not extend under the sunroom.  Changes to the current footprint included re-orientation of the sunroom, widening of an existing walkout, and re-locating a deck.  The proposed second floor design was discussed.  Mr. Booth submitted photographs of the property that included lakeside and road, house, garage building, and stone structure views. The side yard setback variance was not required.  Two letters from immediate abutting neighbors were received endorsing the application.

 

Mr. Francis, neighbor, spoke in support of the application.  The applicant had shared the plans before submitting an application to the Town.

 

MOTION by Ms. Webster, seconded by Mr. Waltien, to approve the conditional use application, CU03-15, under Shelburne Bylaw 1620.2 2, and 1330.2 to modify a noncomplying structure at 254 Pine Haven Shore as presented with the following conditions:

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

 

Michael Wisniewski, Duncan-Wisniewski Architecture representative, and Amy Dohner, Lake Champlain Housing Development Corporation representative, appeared on behalf of the application.

 

Mr. Koerner reviewed the request to modify the application for two affordable housing apartments and commercial/retail space in the Noonan House, which requires a conditional use permit.  It was noted that the application lacked a site plan, information regarding the proposed lease, and a specified use for the “commercial/retail” aspect.  The application did not involve a defined lot, therefore, setbacks were a non-issue.  The application was granted conditional use approval in 2000, which was not extended during the last two years (approved re-location of governmental and Town uses and specified non-residential use).  There was concern that the application was not properly warned.

 

Mr. Wisniewski explained that the lease was for the building footprint, which was part of the Village Center.  The applicant was asking to modify the use for a mixed residential/commercial use.  It was understood that a conditional use was approved with no specific uses in 2000. 

 

Mr. Wisniewski explained the proposal to enfold the Noonan House project with an 18-unit affordable housing project on Cynosure Drive.  A permit for the Noonan House was required before the 18-unit project could be started.  Don Morin, contractor, would manage the Noonan House renovation. An effort to preserve the historic structure was planned.  Changes included two small 500 square foot studio apartments on the second floor, and commercial/retail use on the first floor.  Negotiations were underway regarding a retail use at this time.

 

There was lengthy discussion regarding parking space calculations (Mr. Wisniewski said the Planning Commission addressed the issue by allowing seven parking spaces versus 10.5, and overflow parking at the parade ground), requirements for tenant parking (Mr. Wisniewski said that tenants would have one designated space per apartment per the Planning Commission ruling), and a plan for shared parking in the existing Town parking lot for retail/commercial.

 

Mr. Wisniewski reviewed the following:

 

Mr. Edelman asked if the first floor could be used as a doctor’s office.  Mr. Wisniewski replied that the space could be used as a doctor’s office, which was allowed under conditional use.  Mr. Funtow pointed out that there were several uses under conditional use, and suggested that professional uses should be locked in before ZBA approval.  Ms. Dohner asked if multiple uses could be considered.  Mr. Wisniewski suggested approval for retail and professional office use.  If there were a change, then the applicant could return for a change of use.  Mr. Edelman asked how water usage calculations would be impacted.  Mr. Wisniewski replied that usage would be less than for a five bedroom house.

 

Mr. Wisniewski noted that in order to receive the funding for the affordable housing projects, the applicant needs an approved permit.  Ms. Dohner explained the lease was to a limited corporation.  There were ongoing negotiations with a thrift store, and another party has approached the agency as well. The Lake Champlain Housing Development Corporation was not constrained regarding regulatory issues on the Lake Champlain Housing Development side.  Mr. Funtow said that multiple uses for the commercial area would complicate the matter.  The corporation should specify a use since zoning regulations/conditions would be different for a particular use.  Ms. Webster reiterated that a complete application was not submitted; the Town is the landowner, and it was expected that the Town would have its “ducks in a row”.  A true site plan versus a landscape plan was required that included elevations, setbacks, and such.  The June 12, 2000 condition use application was not extended and has expired.  Mr. Waltien said there were other problems with the application as well (proposed uses, parking, lot coverage, etc).  The ZBA must apply the same standards to the Town as the general public.

 

Tom Henry, Music Studio representative, and Wayne Deslaurier, Mountain Cable Communications representative, appeared on behalf of the application.

 

Mr. Koerner reviewed the request for a conditional use under Article IX, Village District Section 920.20 to convert office space at 6055 Shelburne Road to a space for music instruction.

 

Mr. Henry explained that Mountain Cable would continue to use the former garage. An area of 1,000 square feet of the three-bedroom ranch would be used for piano instruction.  There were seven parking spaces currently.  Music instruction would take place for two days (Monday and Tuesday) with three instructors.  There would be a maximum of seven cars including students.  No signage was planned.  Mountain Cable (Adelphia) would use the garage space for weekly routine maintenance lasting 1-2 hours.

 

Mr. Funtow stated that the application was not clear regarding uses.  Mr. Deslaurier explained that the current cable office space would be closed.  Mr. Henry said there would be no changes to the building.  There were typically more lessons in the afternoon. Mr. Funtow asked for lot coverage and uses clarification.  Mr. Koerner asked the applicants to contact the Zoning Administrator.  Mr. Courville noted that staff had sent notification letters to abutting neighbors.

 

The Chairperson adjourned the meeting at 8:15 p.m.

 

Minutes respectfully submitted by Kathlyn Furr, Recording Secretary.

 

These minutes are subject to correction by the Shelburne Zoning Board of Adjustment.  Changes, if any, will be recorded in the minutes of the next meeting of the Board.

 

Dated at Shelburne, Vermont this 4th day of August, 2003 for the meeting of July 7, 2003.

 

Tom Koerner, Chairman

Boris Funtow

Milton Edelman

Steve Waltien

Gwen Webster