TOWN OF SHELBURNE

MEMBERS PRESENT:       Thomas Koerner, Chairperson; Boris Funtow, Milton Edelman, Steve Waltien, Gwen Webster.

STAFF PRESENT:                Shannon Courville.

OTHERS PRESENT:            Brad Gardner, Mike Burke, Gerry Guillemette, Rob Donahue (Shelburne News).

 

Mr. Koerner, Chairman, called the meeting to order at 7:00 p.m.

 

Meach Cove Real Estate Trust Application

Chairman Koerner reported the Meach Cove Real Estate Trust application has been withdrawn.

 

CU/V02-26 Gardner Construction seeks Conditional Use approval under Shelburne Bylaw 820.22 to build a 2800 square foot commercial building at 1947 Shelburne Road; variances required under Bylaws 830.a and b.

Brad Gardner, owner, and Mike Burke with Krebs and Lansing Engineering appeared on behalf of the application.

STAFF REPORT (for conditional use application)

Mr. Koerner reviewed the conditional use application to build a 2,800 s.f. commercial building at 1947 Shelburne Road. Requests for information included additions of setbacks, building site, and layout to the submitted overlay.

 

Mike Burke reviewed the revised reoriented commercial building footprint that include 15’ rear yard and 20’ side yard setbacks, an entrance from Lakeview Drive, requisite parking in the lower grade in back, down shielded lighting, a walk out design in the rear, and handicap access in front.  Landscaping plans include a berm in the rear and side yards, preserving second growth existing trees to create a park-like appearance along Route 7, and a screened foundation.  The State will take a 35’ strip of land along Route 7, move a drainage ditch, and install a sidewalk. Also reviewed were front elevations of the cape style building (200’ that drops to 194’ at the finished floor level). These were “shot” grades by a field crew.  The roof pitch was 8/12, and overhead doors were located in the walkout rear section. The lower level would be used for storage only.  The parking calculation for 14 spaces met the square footage space requirements for retail.  There could be one, possibly two stores in the space.  Storm runoff would sheet drain to the south. Conditional use approval was requested due to a change in use.

 

It was suggested amending the application to note Section 820.10 versus Section 820.22 was more applicable.  Mr. Courville pointed out that the Fire Chief had not commented on the application. There was discussion of the location of the corner lot with frontage on both Lakeview Drive and Route 7.  Mr. Koerner stated the conditional use application meets zoning criteria requirements for screening and buffers between residential and commercial lots.

 

STAFF REPORT (for variance application)

Mr.  Koerner reviewed the side yard and two front yard setbacks. The lot has a Shelburne Road address currently and could have a residential use. The Town Attorney advised “any reasonable use…”.  If a house could fit on the lot, then a variance could be denied.  The Town Attorney did not write a formal opinion.  There was discussion of reorienting a house to front Lakeview Drive and fit on the lot, leaving 50’ feet with dense woods as a buffer from Route 7.  Regarding a commercial use, the Board would discuss setbacks, square footage, and the variance application.  Mr. Koerner reviewed the new footprint dimensions per the proposed plan, front yard setbacks of 35’ and 33’, and 71’ at the southwest corner.  Lot coverage and parking specifications meet zoning requirements. The lot size calculation takes into account the “taking [of land] by the State for Route 7” and excludes the “lost” area. The topographic area north of the lot was uniform with no dramatic elevations, and the west side of the lot has a substantial drop-off. 

 

Mr. Gardner gave a brief history of the original lot subdivision (was always a commercial lot per the land records), the Lighting House lot, and a residence built on the westerly lot.  A house built on the proposed commercial lot would have marketing issues due to the Route 7 traffic, safety, no back yard, and noise levels, said Mr. Gardner. Mr. Courville clarified that according to zoning regulations the lot could be either residential or commercial.

 

There were no comments from the public on the application(s).

The Board will deliberate/decide on the application after the public portion of the meeting is adjourned. The applicant can contact the Zoning Administrator regarding the decision.

 

David Marshall, agent, appeared on behalf of the application.

 

Mr. Koerner reviewed the conditional use application for the addition of a chapel to an existing house.  Site plans were submitted.

 

Mr. Marshall submitted a site plan and explained the following:

 

Mr. Marshall stated the property has been used for religious services since 1963.  Tax exempt status was unknown. The owner of record was Eparchy of St Maron of Brooklyn. Father Anthony lived in part of the house. There was a small sign.  The request was for an expansion of an existing use. Seating capacity for the proposed chapel was 80 people for a 4:1 parking ratio.  There was overflow parking capacity (not shown on the site plan).  Large events, such as weddings, were held at St. Judes in Hinesburg.  In response to Board questions Mr. Marshall said that the septic field would not need expansion since no bathrooms would be added.  Hours of operation would not change. Material on the addition would blend with the existing structure.

 

Mr. Funtow asked if a house of worship was a permitted use in the zone and complied with the regulation section for non-conforming uses.  Mr. Courville replied the position of the Town was that the federal regulations say town regulations can not preclude a religious land use.  The Town Attorney’s opinion was that the church could be perceived as a “similar” use in the district.  Mr. Edelman noted that Section 310.4 allowed recreational uses, or areas where people assemble.

 

Jerry Guillemette, abutting property owner, said it was quiet at the church and parking was never an issue.  The church is a good neighbor.

 

The Board will discuss/decide the application after the public portion of the meeting.

 

 

The Chairman adjourned the public portion of the meeting at 8:10 p.m.

 

Minutes respectfully submitted by Kathlyn L. Furr, Recording Secretary.

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

 

Dated at Shelburne, Vermont this 7^th day of April, 2003 for the meeting of March 10, 2003.

 

Tom Koerner, Chairman

Boris Funtow

Milton Edelman

Steve Waltien

Gwen Webster