MEMBERS PRESENT:       Tom Koerner, Chairman; Steve Waltien, Boris Funtow.

STAFF PRESENT:                Shannon Courville, Zoning Administrator.

OTHERS PRESENT:            Tom Little, Gwen Webster.

 

Mr. Koerner, Chairman, called the meeting to order at 7:02 p.m.  Mr. Koerner noted that Old Business, Findings of Fact and Approval of Minutes would be conducted at the end of the hearing.

 

CU03-07, Truman Webster Family Trust seeks conditional use approval under Shelburne Bylaw 920.21 to convert a restaurant to a retail store with an apartment at 15 Falls Road

Mr. Little, agent, appeared on behalf of the application.

 

Mr. Koerner reviewed the request for conditional use approval under Article IX, Village District Section 920.21 to convert a restaurant to a retail space and an apartment.  Submittals included the application, a site plan with property dimensions noted, and a letter from the Town Attorney advising that a variance was not needed.  Mr. Courville clarified that the application was warned as a conditional use.

 

Mr. Little explained the proposed site plan conforms to the recommendations as conditioned in the Staff Report, dated 04/07/03.  No external changes to the building were proposed, except as required by the Planning Commission which might ask for changes to the lighting.  The abutting neighbors have been notified. No response was received from the Shelburne Inn owners.  Traffic, parking, and general impacts would be no greater than from the previous restaurant use, and there were no significant negative impacts.  The proposal included retail use on the first floor and a one or two bedroom apartment on the second floor.  An internal staircase and a first floor bathroom would be installed.  The Staff Report has noted no objections from Town departments.

 

Mr. Courville stated the loading area in the rear should be delineated as 250 square feet.  Mr. Koerner asked that the loading area be shown on the site plan along with parking calculations, the porch, the existing shed, proposed retail parking spaces, apartment parking spaces, and road location.  Mr. Little said that the first and second floor plans would be revised as requested.  The loading area was located behind the existing shed.  Retail parking calculations were based on the 750 s.f. retail level.  Mr. Little noted that the Town Attorney letter was undisputed by the applicant.  Signage for the retail establishment would be clarified.

 

Mr. Funtow suggested that Section 920.8, Retail Use, be applied to further define use, and Section 920.20 would also clarify a multiuse apartment versus an accessory apartment.

 

There were no comments from the public on the application.

 

MOTION by Mr. Koerner, seconded by Mr. Waltien, to grant Conditional Use approval under Article IX, Village District, Section 920.8, and 920.20 to convert a restaurant to a retail space and an apartment at 15 Falls Road, conditioned as follows:

DISCUSSION: Mr. Funtow asked if the Town Attorney letter regarding a variance clarification should be conditioned as well.  Mr. Koerner replied that the letter would be included in the Town record files, and was not necessary as a condition.

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

Mr. Koerner said that the applicant would need to appear before the Planning Commission for a permit and signage.

 

The Chairman adjourned the hearing at 7:25 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 5^th day of May, 2003 for the meeting of April 7, 2003.

 

Tom Koerner, Chairman

Boris Funtow

Milton Edelman

Steve Waltien

Gwen Webster