MEMBERS PRESENT:  Thomas Koerner, Chair           

Gwen Webster, Steve Waltien, Paul Grover, Boris Funtow

                                                                       

TOWN STAFF PRESENT:   Shannon Courville

MINUTES STAFF PRESENT: Donna Jacob

 

                                Public                  Agenda Item

OTHERS PRESENT:  

                1.  B. Thomas

                2.  Kris Engstrom       Fernandez Conditional Use Req.

                3.  Jon Pizzagalli        Pizzagalli Conditional Use Req.

                4.  Jenn Varricchione  Fernandez Conditional Use Req.

                5.  Rob Donahue             Shelburne News

                6.  Lee Suskin           Fernandez Conditional Use Req.

 

                 1.         Continuation of CU01-33 Conditional Use Request, Joseph and Brenda Fernandez, 102 Harbor Road;

                  New Business:

             2.         CU02-01 Conditional Use Request, Jon Pizzagalli (Owner), 224 Pine Haven Shore Road;

             3.   New Business and Minutes.

 

Ch. Koerner called the meeting to order at 7:02 p.m. He explained the right of the Board to privately deliberate at the end of the meeting and said if this were to occur, applicants affected could call Shannon Courville on Tuesday for an update. The Board members introduced themselves to the audience.

 

 

Ch. Koerner noted that the applicants were not present and the application is incomplete.  He observed that concerned neighbors were in attendance, and the Board is in receipt of at least two petitions with several names on them. 

 

K. Engstrom asked if there was anything the neighbors could do and if it was necessary to keep appearing each time the issue is raised. Ch. Koerner told her it was in their best interests to attend when the property use was in question.

 

L. Suskin asked if the application had been withdrawn.  Ch. Koerner said no, it had been continued to tonight.  L. Suskin asked if the Board could specify that restaurants at that location could not be open after 6 p.m.  Ch. Koerner said no, that the specifics of each business would be set forth in the application and acted on from there.  L. Suskin then asked if it was possible for the Board to find that a restaurant was out of character for the neighborhood.  Ch. Koerner said that restaurants were not necessarily out of character, but it might occur that the Board found this one to be. 

 

Ch. Koerner noted that a site walk took place on December 15 and the applicants were not present.

 

G. Webster noted that she needed to recuse herself from the application.

 

2.     C02-01 CONDITIONAL USE REQUEST, JON PIZZAGALLI (OWNER), 224 PINE HAVEN SHORE ROAD.  The applicant requests conditional use review and approval from Article XIII, Lakeshore Overlay District, Section 1340.1, minimum setback for structures from the 102 foot elevation mark of 100 feet.

 

Ch. Koerner reviewed staff notes.  Jon Pizzagalli appeared on behalf of the application.

 

J. Pizzagalli explained that the residence is between Laura Grande and Bill Shearer’s old house.  He noted that the removal of any trees was only in accordance with the swath of construction around the project and added that the footprint would not encroach upon any of the setbacks.  The apartment across the street is to remain unchanged.  He described the residence as a 1951 year-round camp that was built by Peggy and Clyde Hitch and sold several times over.  All the abutters have been notified and none have expressed concern.  When asked, he noted there would be no pole lighting and no curb cut changes. 

 

Ch. Koerner provided him with a copy of the conditions, which he read.  J. Pizzagalli noted that application would probably be made to the Army Corps of Engineers to build a sea wall and that it might be necessary at that time to remove a couple of trees. Ch. Koerner said that the Army Corps would address issue. 

 

P. Grover asked if the apartment was rented.  J. Pizzagalli said that it was, and that the condition was pre-existing.  Ch. Koerner suggested that J. Pizzagalli sit with Brian Bigelow for 5 minutes regarding construction limits around the site. 

 

The Board and applicant began to review volume calculations.  It was noted that the calculations contained in the staff report and application differed from those on the site plan.  After working several minutes on the figures, no one was able to offer a reasonable explanation as to the discrepancy.  S. Waltien noted that the percentage figures would still be below the 50% cutoff, but that the calculations needed to be accurate.  If incorrect, the mistake could follow the applicant or future owners for a long time.  J. Pizzagalli expressed nervousness about Board approval.  After a brief discussion with Board members, Ch. Koerner said the application would be continued.  He asked the applicant to return next month with a corrected site plan and set of figures. 

 

Ch. Koerner continued the application to February 4, 2002. 

 

 

            There being no other business, the meeting was adjourned at approximately 7:45 p.m.

 

            Respectfully submitted by

            Donna Jacob

            Recording Secretary

 

            Dated at Shelburne, Vermont this 4th day of February 2002 for the meeting of January 7, 2002.

           

                                                                                                      

Thomas Koerner,  Chair  

Steve Waltien

Paul Grover

Gwen Webster

Boris Funtow