MEMBERS PRESENT:       Tom Koerner, Chairman; Steve Waltien, Mel Edelman.

STAFF PRESENT:                Shannon Courville, Zoning Administrator.

OTHERS PRESENT:            Genevieve Ockert, Fritz Horton, Bernie Sage, Rob Donahue (Shelburne News).

 

Mr. Koerner, Chairman, called the meeting to order at 7:01 p.m. and noted that Old Business, Findings of Fact and Approval of Minutes would be conducted at the end of the hearing.  Mr. Koerner also explained with only three of the five ZBA members present, an applicant has the option to withdraw their application to a later date when the full board is in attendance.

 

Fritz Horton, Lake Champlain Yacht Club representative, appeared on behalf of the application.

 

Mr. Koerner reviewed the request by Lake Champlain Yacht Club for approval to increase the number of moorings to 155, and asked if the appeals had been resolved. Mr. Courville noted that impacts on the land were a concern of the neighbors.  There were 16 moorings that required approval.

 

Mr. Horton gave a brief history of the request for additional moorings at the Lake Champlain Yacht Club and appeals that were filed.  A poll of club members resulted in a decision to remain at the existing number of moorings (includes the16 moorings) for a total of 155 moorings.  The Club was a nonconforming use presently. The Club is not a marina since petroleum products are not sold, boats are not stored, and the public does not use the facilities.  The Club was currently assessed at $277,000, but the buildings were seasonal with no heat (not winterized). Concerns by neighbors which include the 60 additional moorings, noise, and a marina are unfounded. The current Harbor Master maintains good records and acted as a liaison between the Club, Town and neighbors.  The neighbors were free to use the Club’s land for walking, but not to use the docks.  Mr. Horton reviewed information on the unapproved 16 shallow moorings.  The Town ruled that the Club was a marina, but this is disputed.  The Club was a non-conforming use and is appearing before the ZBA to apply for 16 moorings.  The submitted stipulation assures the Town that the Club would remain at a total of 155 moorings. There are 180 members, but some do not own a boat or are a senior member.  The Club has small sailboats for junior member use, four instructor boats, and launches.  There is not a waiting list for new members this year.

 

Mr. Waltien explained that Mr. Youngblood approved the 16 moorings in writing, but there was a miscommunication between the Club and former Zoning Administrator.  Mr. Horton said the problem arose when the former Harbor Master came in for an additional 60 moorings (the legal stipulation document was included in the ZBA packet).

 

Mr. Koerner explained that the marina determination was to fit the club into a category.  The ZBA would continue to call the club a marina.  Mr. Horton pointed out that there were three properties in Town that fit the nonconforming use category – the Club, the Town-owned mooring area, and a little powerboat club by the bridge.

 

Mr. Courville said that no comments were received from the neighbors regarding the stipulation.  Berth definitions in the Zoning bylaws that require 1.5 parking spaces per berth do not apply.

 

There were no public comments.

 

MOTION by Mr. Edelman, seconded by Mr. Waltien, to grant conditional use approval to CU03-08, Lake Champlain Yacht Club, under Article VII and XIII, Residential 3 and Lakeshore Overlay District to increase its moorings in Lake Champlain to 155 based upon information submitted by the applicant in conjunction with the conditional use application and conditioned as follows:

Genevieve Ockert, owner, appeared on behalf of the application.

 

Mr. Koerner reviewed staff notes regarding the conditional use request for an accessory apartment.  Mr. Courville noted that neighbors were notified, but no comments were received.

 

Ms. Ockert explained that a 544 s.f. apartment was proposed. The single bay garage would be converted to a bedroom. A larger apartment would afford guests privacy and not disturb house occupants.  Mr. Koerner pointed out that once cooking facilities were installed, the space was considered an apartment with permit requirements.  Ms. Ockert said the space would not be rented. It was understood a caretaker could live there in exchange for services.  Mr. Koerner noted the residence must be owner occupied. Absentee ownership was not allowed. 

 

Ms. Ockert reviewed copies of plans submitted for the 10-acre property located at the south border to the Charlotte town line.  The proposal included an existing room, hall, bedroom/closets, and a three-quarter bath.  The existing house was 2904 s.f. including the bedroom that was once the single bay garage.  The plan would add 390 s.f. to the house  less the hall.

 

Mr. Edelman noted the stipulation stays with the property even if the house is under different ownership.  The apartment could be rented as long as the applicant lives in the house.  The proposed apartment met the area Zoning Ordinance requirements.

 

Mr. Courville noted that on-site septic rules have changed, and asked what the gpd requirements were for the Ockert house.  Ms. Ockert said the house was designed for four bedrooms.  Mr. Courville calculated that 420 gpd were needed. The applicant should discuss septic needs with the Town Manager or an engineer’s calculation may be needed, advised Mr. Courville.

 

There were no public comments.

 

MOTION by Mr. Waltien, seconded by Mr. Edelman, to grant conditional use approval under Section 320 of the Shelburne Bylaws for an accessory apartment at 514 Shelburne-Hinesburg Road subject to the following:

1.         The use of the site shall occur as indicated on the floor plan and application, date stamped 04/08/03, that were submitted with the conditional use application and approved by the Zoning Board of Adjustment during the public hearing on 05/05/03;

2.          Within sixty (60) days of this approval, the property owner shall record a “MEMBORANDUM OF MUNICIPAL ACTION” with the Shelburne Town Clerk’s office, and said document will notify future property owners of the approval and condition;

3.           the owner shall verify the need for additional septic capacity with the Town Manager.. 

Ms. Ockert said they had received a building permit in March which was reviewed with the Zoning Administrator.  Mr. Courville noted that the Ockert septic plan was on record and staff would research the plan.

CU03-10, Bernie Sage requests conditional use approval under the Town of Shelburne Zoning Bylaw Section 1620.2.2 to modify a noncomplying structure.

Bernie Sage, owner, appeared on behalf of the application.

 

Mr. Koerner reviewed the applicant’s request to modify a noncomplying structure (house located near the road).  Mr. Courville said that the 4/10/03 application did not include site plans or elevations, but photographs were submitted.

 

Mr. Sage explained the proposal to make changes to the windows in a vertical 20’ x 12’ section, and add one window on the side.  The roof pitch would increase 16”.  There were no changes to the front of the house.  The room would be a continuation of the kitchen, and was not a bedroom.

 

There were none.

MOTION by Mr. Edelman, seconded by Mr. Waltien, to grant conditional use approval for CU03-10 under the Town of Shelburne Zoning Bylaw Section 1620.2.2 to modify an existing noncomplying structure as conditioned:

VOTE:  unanimous (3-0); motion carried.

 

Mr. Koerner said next step would be to acquire a building permit.  Mr. Sage asked for clarification regarding front yard setbacks.  Mr. Koerner explained front yard setbacks were 75 feet in the R-1 district versus 35 feet in residential.

 

The applicant was not present. By consensus, the Zoning Board of Adjustment continued the hearing on the Shelburne Baseball appeal of denial of a sign permit application for dugout signs at 5420 Shelburne Road.

 

The Chairperson adjourned the meeting at 7:59 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 2nd day of June, 2003 for the meeting of May 5, 2003.

 

Tom Koerner, Chairman

Boris Funtow

Milton Edelman

Steve Waltien

Gwen Webster