Zoning Board of Adjustment Minutes

SHELBURNE ZONING BOARD OF ADJUSTMENT
FEBRUARY 4, 2002
TOWN OFFICE CONFERENCE ROOM - 7:00 P.M.
MINUTES

MEMBERS PRESENT: Thomas Koerner, Chair Boris Funtow Gwen Webster Paul Grover

MEMBER ABSENT:Steve Waltien

TOWN STAFF PRESENT: Shannon Courville

MINUTES STAFF PRESENT:Donna Jacob

Public Agenda Item

OTHERS PRESENT: 1. Rob Donahue Shelburne News
2.Jon Pizzagalli Pizzagalli Conditional Use Req.
3.Jim Collins Collins Conditional Use Req.

AGENDA: Old Business:
1.CU02-01 Conditional Use Request, Jon Pizzagalli (Owner), 224 Pine Haven Shore Drive;

New Business:
2.CU02-02 Conditional Use Request, Jim & Pat Collins (Owners), 144 Bourgea Lane;
3.New Business and Minutes.

Ch. Koerner called the meeting to order at 7:05 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 S. Courville on Tuesday for an update. Ch. Koerner also noted the existence of a short board and outlined the applicant's right to table the application. He summarized voting rules regarding a short board. The Board introduced themselves to the audience. It should be noted that there was no one from staff available to record the meeting.

1. CU02-01 CONDITIONAL USE REQUEST, JON PIZZAGALLI (OWNER), 224 PINE HAVEN SHORE DRIVE. The applicant request conditional use review and approval under Article XIII, Lakeshore Overlay District, Section 1340.1, minimum setback for structures from the 102 foot elevation mark.

This application was opened on and continued from January 7, 2002.

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

Ch. Koerner noted he had had a brief conversation with Doug Viehmann regarding the volume calculations. The result was that the numbers represented on the site plan were correct, but that the site plan was incapable of showing that there are some split-levels in the home. He said he was confident after talking to Doug that Doug's calculations were accurate. A relabeled plan was
submitted on January 17, 2002, and the 102' elevation was duly noted thereon.

Ch. Koerner asked for input from the audience. Hearing none, he closed the public portion of the hearing.

MOTION:

A MOTION WAS MADE BY BORIS FUNTOW TO APPROVE THE CONDITIONAL USE REQUEST OF JON PIZZAGALLI (OWNER), 224 PINE HAVEN SHORE ROAD, WITH THE FOLLOWING CONDITIONS:

1. THE SITE IMPROVEMENTS SHALL COMPLY WITH THE SITE PLAN AND ELEVATION PREPARED BY GUILLOT, VIVIAN, VIEHMANN ARCHITECTS,
INC., ENTITLED PIZZAGALLI RESIDENCE, (SITE PLAN AND DRAWING A1)
DATED DECEMBER 18, 2001, DATE STAMPED DECEMBER 19, 2001, AND
SUBSEQUENTLY REVISED AND DATE STAMPED JANUARY 17, 2002 WHICH
WERE SUBMITTED WITH THE CONDITIONAL USE APPLICATION AND APPROVED BY THE BOARD DURING THE PUBLIC HEARING ON FEBRUARY 4,
2002 AS AMENDED.

2. THE REMOVAL OF TREES AND SHRUBS FOR THIS APPLICATION SHALL ONLY OCCUR WITHIN THE BOUNDARY OF THE LIMITS OF THE CONSTRUCTION PLAN. OTHER THAN THE TREES REMOVED FOR
CONSTRUCTION AS INDICATED ABOVE, TREES SHALL NOT BE REMOVED FROM THE PROPERTY UNLESS THE TREES ARE DEAD, DAMAGED OR SEVERELY DISEASED AS DETERMINED BY AN ARBORIST.

3. WITHIN SIXTY (60) DAYS OF THIS APPROVAL, THE PROPERTY OWNER SHALL RECORD A “MEMORANDUM OF MUNICIPAL ACTION” WITH THE
SHELBURNE TOWN CLERK’S OFFICE. THIS DOCUMENT WILL NOTIFY FUTURE PROPERTY OWNERS OF THE APPROVAL AND CONDITIONS.

GWEN WEBSTER SECONDED AND THE MOTION WAS APPROVED UNANIMOUSLY
(4-0).

2. CU02-02, CONDITIONAL USE REQUEST, JIM & PAT COLLINS (OWNERS), 144 BOURGEA LANE. The applicants request conditional use review and approval under Article XVI, General Regulations, Section 1610, Conditional Uses and Article VI, Residential 2 District for an accessory apartment under Section 620.13 of the Town of Shelburne Bylaws.

Ch. Koerner reviewed staff notes. Jim Collins appeared on behalf of the application.

Jim Collins explained that he had a half-finished basement and wanted to complete renovations. His mother is in a rehab unit and is in need of a living arrangement. There will be no external changes to the structure. The primary entrance to the apartment will be from the back of the garage and down the stairs. The total square footage is 556, with two windows and a doorway to access the upstairs of the home. Only one bedroom is planned.

Ch. Koerner noted that the maximum allowance for accessory apartments is 600 s.f. and two bedrooms.

J. Collins said that the neighbors had expressed no concerns and that there would be no change in
traffic flow.

Ch. Koerner explained that if the house were to change hands, it is important to note that the owner needs to inhabit either the house or the apartment.

J. Collins asked about Condition #3 regarding water and sewer. It was decided that S. Courville had simply cribbed language from an old application. Ch. Koerner said he did not know if the applicant needed to have someone sign off on the changes. S. Courville said he would ask Paul. Condition #3 was struck.

Ch. Koerner opened the public hearing and asked for comments from the audience. Hearing nothing, he closed the public portion of the hearing.

MOTION:

A MOTION WAS MADE BY PAUL GROVER TO APPROVE THE CONDITIONAL USE REQUEST OF JIM & PAT COLLINS (OWNERS), 144 BOURGEA LANE, WITH THE FOLLOWING CONDITIONS:

1. THE CHANGES TO AND USES OF THE SITE SHALL OCCUR AS INDICATED ON THE SITE PLAN AS SUBMITTED, PREPARED BY JIM COLLINS, DATE
STAMPED JANUARY 9, 2002, WHICH WAS SUBMITTED WITH THE CONDITIONAL USE APPLICATION AND APPROVED BY THE BOARD DURING THE PUBLIC HEARING ON FEBRUARY 4, 2002.

2. WITHIN SIXTY (60) DAYS OF THIS APPROVAL, THE PROPERTY OWNER SHALL RECORD A “MEMORANDUM OF MUNICIPAL ACTION” WITH THE
SHELBURNE TOWN CLERK’S OFFICE. THIS DOCUMENT WILL NOTIFY FUTURE PROPERTY OWNERS OF THE APPROVAL AND CONDITIONS.

GWEN WEBSTER SECONDED AND THE MOTION WAS APPROVED UNANIMOUSLY
(4-0).

3. MINUTES AND ADJOURNMENT

Since minutes of the January 7 meeting were distributed late, it was decided to table approval to the February 4, 2002 meeting.

The Board had a brief discussion about the new Telecommunications Board. The Selectboard apparently decided that Zoning Board members would populate the new board. S. Courville said that S. Stitzel anticipates only 4-5 applications per year. After some discussion, it was decided that on behalf of the group, Ch. Koerner would accept the new committee formation for a period of one year. After that time, a review would be held to determine the Zoning Board members' continued participation.

GWEN WEBSTER MADE A MOTION TO ADJOURN THE MEETING.

BORIS FUNTOW SECONDED AND THE MOTION PASSED UNANIMOUSLY (5-0).

There being no other business, the meeting was adjourned at approximately 7:50 p.m.

Respectfully submitted by,
Donna Jacob
Recording Secretary

Dated at Shelburne, Vermont this 4th day of February 2002.
Thomas Koerner, Chair
Gwen Webster
Paul Grover
Boris Funtow