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

STAFF PRESENT:                Shannon Courville, Zoning Administrator.

OTHERS PRESENT:            Gillian Senior, Sherry Senior, Adam Spell, Jill Spell, Oda Hubbard, Jeff Nick, Rob Donahue (Shelburne News).

 

Mr. Koerner, Chairman, called the meeting to order at 7:05 p.m., and noted Findings of Fact and Approval of Minutes would be conducted at the end of the hearing.  It was explained that a tie vote (2-2) by the Board on an application would result in a denial. Applicants have the option to withdraw their application until a full board was convened.

Jeff Nick, Shelburne Baseball representative, appeared on behalf of the application.

 

Mr. Koerner explained why the appeal was continued (the applicant was not in attendance at the May 5, 2002 appeal hearing on the denial of baseball dugout signs at 5420 Shelburne Road). The consensus of the Zoning Board at the May 5^th meeting was to continue the hearing until the next meeting of the Board. The ZBA recognizes Shelburne Recreation and Shelburne Baseball as one and the same.

 

Mr. Courville reviewed that Zoning Bylaw 1680.4.H prohibits signs promoting any business or activity not related to the main activity of the facility.

 

Jeff Nick explained that four sponsors paid $1,500 each for new dugouts. An example was shown of the proposed 1’x 2’ signs which would be painted white with black lettering.  The request to display the signs was approved by the Selectboard and DRB with the condition that the signs be removed by the end of August.  Mr. Nick said that he had read and understood Section 1680.4.H of the bylaws.  The dugout signs were temporary.  The Planning Commission has requested a Master Sign permit application from Shelburne Baseball.  The outfield signs represented $3,500 for the baseball program.  A master plan would be presented in the fall and discussions would start with town staff.

There were no public comments.

AO3-11, Shelburne Baseball appeal of the denial of a sign permit application for dugout signs at 5420 Shelburne Road

 

Gillian and Sherry Senior, co-owners and property managers, appeared on behalf of the application.

 

Mr. Koerner reviewed the request for a conditional use approval under Section 1620.2.2 of the Town of Shelburne Zoning Bylaws to modify a noncomplying lot with three apartments, and a variance under Section 930.2b of the Town of Shelburne Zoning Bylaws for the rear yard setback.

 

Gillian Senior reviewed a brief history of the existing buildings and lot, and explained that she lived in one of two ground floor apartments in the carriage barn.  Her apartment was 930 square feet.  A third apartment was on the second floor.  The request was for an 8’x 36’addition to the westerly side of the structure, ground floor only, which would be an expansion of an existing bathroom, kitchen, and small bedroom.  The proposed addition would be close to the property line between the carriage barn and Shelburne Craft School, and reduce the setback from 15’ to 5’.  The proposed addition was out of sight from the surrounding lots.  There was a high hedge buffer between the school and barn.  It would benefit the community to have a larger apartment located in the historic district of the community, and would increase (Ms. Senior’s) quality of life.  Ms. Senior noted that she had reviewed variance criteria with the Zoning Administrator.  The buildings were located in an old part of Town, and built when there were no setback requirements.

 

There was discussion regarding siting the addition on the north side of the carriage barn (would not extend the rooms, but could provide a “sitting room”), a review of the variance justifications as submitted on the application (design related variances were difficult to grant), the potential to re-design a kitchen and bathroom on the north side of the apartment (would impact the historic value of the building as well as be difficult and expensive to re-route plumbing, and such), and total lot coverage, which included the Tracey House and carriage barn.

 

Mr. Koerner read a letter received from the Shelburne Fire Chief, Craig Wooster, dated 05/31/03, recommending the ZBA continue the hearing in order for staff to gather additional information.  Ms. Senior submitted a letter from the Shelburne Craft School, which stated that there were no objections.

 

CU/V03-12, Gillian, Derrick Senior and T. Fitzpatrick seek conditional use approval to modify a noncomplying structure at 5226 Shelburne Road.  The proposal requires a rear yard setback variance under Shelburne Bylaw 930.2b

The ZBA would deliberate the application in Deliberative Session.

MOTION by Mr. Waltien, seconded by Mr. Edelman to grant conditional use approval to Gillian, Derrick Senior and T. Fitzpatrick.

 

Mr. Courville reported that Jeff Lawson had asked for a continuance.

 

Adam Spell and Jill Spell, owners, appeared on behalf of the application.

 

Mr. Koerner reviewed the staff report on conditional use approval in the R/C District for four tables and 16 chairs (outside seating) at LaVilla Restaurant.  The Planning Commission would review parking issues.

 

Mr. Spell explained that La Villa was open from 11:00 a.m. to 9:30 p.m. (business was minimal between 2:00 p.m. and 5:00 p.m.).  The proposal included umbrellas on tables placed on the grass.  The tables would be collected at night and placed in the back/rear of the restaurant when not in use. There would be two to three foot high flower boxes as screening.  Noise from traffic was not an issue. The outdoor tables would be seasonal (no winter outside tables).  Weather/insects would be factors regarding outdoor service.  If the outdoor tables were not successful, then the service would be discontinued.  Mr. Spell said that letters were sent to neighbors and there were no concerns expressed.

 

There was discussion regarding permit requirements for lot coverage if a patio or deck were installed to support the tables and chairs, and parking space requirements of one space per two “fixed seats” (to be reviewed by the Planning Commission). Mr. Courville noted that the lot coverage was at 30% currently.

 

There were no public comments.

 

CU03-14, Coastal Real Estate LLC seeks conditional use approval under Shelburne 820.7 to add four tables with four chairs each for adjacent outdoor seating at La Villa

 

The Chairperson adjourned the meeting at 8:55 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 7th day of July, 2003 for the meeting of June 2, 2003.

 

Tom Koerner, Chairman

Boris Funtow

Milton Edelman

Steve Waltien

Gwen Webster