Zoning Board of Adjustment Minutes

TOWN OF SHELBURNE
ZONING BOARD OF ADJUSTMENT
MINUTES OF MEETING
APRIL 8, 2002

MEMBERS PRESENT: Thomas Koerner, Chairperson; Gwen Webster, Boris Funtow, Paul Grover, Steve Waltien.
STAFF PRESENT: Shannon Courville.
OTHERS PRESENT: Kris Engstrom, Bonnie Thomas, H. Purie, James Calberg, Ann Bielawski, Jane Spears, Wendy Pierce, Lee Suskin, Sue Fisher, Rod Fisher, Peter Coppola, Bill Hoblock, Ty Colodney, Mark Neagley, Nancy Hinsdale, Mary Leonard, Martin Tierney, Mike Busher, Holly Callery, Dave Marshall, Jed Graef, Joseph Fernandez , Brenda Fernandez, Kimberly Norris, Mr. Fitzgerald, D. Powliso, William J. Detze, Jay Motia, Joseph Papa, David Fredman, Tom Buckley, Matt Bilski, Rob Donahue, Shelburne News.

1. OLD BUSINESS
CU02-04 Vermont Zen Center, Inc. seeks conditional use approval to expand a church under S.720.3 of the Town of Shelburne Zoning Bylaws.
Mr. Koerner reviewed the conditional use application for expansion of a church under S.720.3 by the Vermont Zen Center, Inc. Several hours of testimony was heard at previous hearings.

Dave Marshall, Civil Engineering Associates, appeared on behalf of the application.

APPLICANT COMMENTS
Mr. Marshall reviewed the location of the Zen Center on Irish Hill Road/Thomas Road, which has been at that location since 1991. At the last hearing, concerns from Mr. and Mrs. Fisher were heard regarding the use of the church and proposed expansion.
In support of those issues, a description of existing and proposed uses has been submitted to the Zoning Board. Specifically, the proposed uses represented a 10-15 percent incremental increase change of use. Regarding the question of how to regulate use of a place of worship, the proposed uses were developed as a tool for the Zoning Board to base a conditional approval. The square footage of the structure currently limits use of the building for worship. Mr. Marshall recalled an explanation of elevations related to aesthetics and impacts on the character of the neighborhood was presented previously.

Martin Tierney, architect, explained a model for the Zen Center as Shaker architecture, which was simplicity. A form of Monitor Barn, white clapboard, and third story on top was planned. Buildings would be massed with small additions to the existing buildings. Monitor barns were a familiar figure in Vermont. The intent was to build a familiar barn structure on the landscape.

The T. J. Boyle representative presented landscape architect information on landscaping and mitigating viewscapes. White pines would be planted in front of the existing fence seven to eight feet from the road to screen the impact from surrounding properties and the road. Pictures from the road showing the heavy vegetation were reviewed. The building was set into a 50 percent grade for a two-story structure with an exposed basement. Regarding the façade of concern, the view shows a walkout basement, but is a two-story structure with plantings to mitigate the view from the road and neighbors.

Mr. Marshall presented a site plan of existing conditions when the Zen Center was first constructed in 1991which showed landscaping around structures. Mr. Marshall said that the Shelburne Police Chief indicated the Thomas Road and Irish Hill Road intersection was a low accident area. The Police Department had no concern regarding impacts to traffic safety. As far as impacts on wells, there would be increased use of the existing well. A short-term pump test indicated the well would provide 12 gallons per minute (gpm), but a 2.9 gpm design flow was noted on the application. Mr. Marshall noted that Mr. and Mrs. Fisher had to lower their pump in their well recently. The Zen Center was willing to tie the Fishers into some type of well system in the future if necessary. If (the Fisher’s) need water, the Zen Center could provide water. There are other minor issues to address, said Mr. Marshall. Mr. Marshall explained that there were no new calculations for parking spaces. Multiple uses could be shared uses of parking space. There may be slight increases of frequency with the proposed uses versus current uses, but not much change in the number of parking spaces.

The uses of the center were explained. It was expected that there would be a minimal increase in the use of the center by groups.

PUBLIC INPUT
Ms. Fisher expressed concern regarding future expansion of the living quarters. This is not a church, but a training center and it appears that the center has already exceeded the permit. They have changed the number of worships. This is not a building, it is a development, stated Ms. Fisher.

There was discussion regarding conditional use per the zoning bylaws. Mr. Tierney summarized the Planning Commission and Zoning Board review process.

The Zoning Board of Adjustment moved and seconded a motion to close the public portion of the hearing. Motion carried.

The Zoning Board of Adjustment noted deliberations would be conducted after the meeting and thanked the assemblage for coming.

2. NEW BUSINESS
V02-07 Jeffery and Rebecca Kapsalis seek a variance under the Town of Shelburne Zoning Bylaw S.330.2b to build a barn within the side yard setback at 4901 Dorset Street.

It was noted that the applicant has submitted an application for a variance for a barn to be built within the side yard setback at 4901 Dorset Street, and a site map with elevations.

Mr. Kapsalis, owner, appeared before the Zoning Board on behalf of the application. A
Zoning Board member said that Mr. Kapsalis had to convince the Board that the barn had to go where requested. A site plan was needed.

APPLICANT COMMENTS
Mr. Kapsalis explained the topography of the house site, hill and ledges, pond location, possible sites for the proposed barn, and existing garage on a map drawn from an original house sketch. The best site for the proposed barn would be 75 feet off the corner of the existing house in the front yard between the house and road. The barn would be used as storage for yard equipment, such as a mower and snowblower.

PUBLIC INPUT
There were no comments from the public on this application.

CU-02-08 Joseph and Brenda Fernandez seek conditional use approval under the Town of Shelburne Zoning Bylaw S.920.12 to open an eat-in restaurant at 102 Harbor Road.
It was noted that the Fernandezes were before the Zoning Board in December and four previous hearings regarding the application have been held.

Joseph and Brenda Fernandez appeared before the Zoning Board on behalf of the application.

APPLICANT COMMENTS
Mrs. Fernandez explained that the original application has been scaled back to 20 seats (from 24) and there was sufficient parking for the 20 seats.

A Zoning Board member reviewed previous concerns expressed by neighbors that included a restaurant use clustered in a residential area, sidewalk issues, noise and traffic concerns. The neighbors did not support the use, and testimony was heard. Mrs. Fernandez said the new application was an attempt to address the neighbors concerns. It would be a small restaurant that would not impact the neighbors. Ms. Fernandez read Article 9 of the Zoning bylaw and noted that the building was zoned commercial, seating was reduced to 20 seats, and a restaurant was a use within keeping the Village character. Furthermore, the restaurant was in a business building, not a residential home, and has a sufficient parking lot. There was additional property in the rear that would be utilized for commercial use at some time. Ms. Fernandez expressed concern that the Zoning Board’s opening comments were attacking comments. Ms. Fernandez said that she was willing to close (the restaurant) earlier to accommodate the Board’s concerns. Simply a quiet intimate dining establishment was wanted. Alternate uses could be rental uses like the surrounding buildings, which have many cars in and out, and the buildings were run down. Another option is to optimize the take out business and open for breakfast, lunch and dinner at cheap prices which could generate twice the traffic.

A Zoning Board member asked if the restaurant was already offering breakfast. Ms. Fernandez replied she had offered breakfast, but it was too expensive to do. Ms. Fernandez felt the Board was making a mockery of the process. A Zoning Board member said that (the Board) was ready to wrap up testimony.

Ms. Fernandez pointed out that there were other commercial and industrial zoned buildings in the area. Not all the buildings were residential. Ms. Fernandez said they were renting out half of the barn. Blueprints, etc, were submitted as requested and every time there is a hearing, the concerns changed.

PUBLIC INPUT
The property owner next to the restaurant spoke in favor of the restaurant.

A resident living across the street from the restaurant expressed concerns regarding noise, parking, and traffic. Ms. Fernandez reiterated that she was willing to close at 7:00 p.m. if that would help the neighbors.

A Zoning Board member suggested the applicant and neighbors go into the hall and discuss their concerns so there could be closure (on the application). Ms. Fernandez noted she had gone to the expense of blueprints and submitted everything (the Zoning Board) asked for.

CU02-09 Jeff Norris seeks conditional use approval under the Town of Shelburne Zoning Bylaw 520.6 to add an accessory apartment at 111 Sheridan Court.
It was noted that the application for an accessory apartment was for a 515 square foot area. A site plan and sewer plan have been submitted for an existing garage space.

Kimberly Norris, owner, appeared on behalf of the application.

APPLICANT COMMENTS
Ms. Norris explained they bought the house with the intention of building an apartment for her father. They met with the neighbors and the only concern expressed by the neighbors was a planned kitchenette in the apartment. In the past the house had an “in-law apartment” which was not built to code. They wanted to build to code. The kitchenette would allow her father to remain independent. Also, he smokes and a strong ventilation system was needed. There was no intention to have anyone other than her father in the apartment. The neighbors were concerned that the apartment could be rented out in the future. No other bedrooms would be added to the existing one bedroom. There would be no additional exterior improvements. There is a very small 22 square foot addition to the back. The total square footage of the house was less than 2,000 square feet.

The Zoning Board members asked for an accurate total square footage. Ms. Norris said she would forward the correct square footage as well as the floor plan of the current house and proposed apartment. Ms. Norris handed in a general application, conditional use application, and site plan.

PUBLIC INPUT
A resident and Homeowners Association member testified to concerns of the Homeowners Association. Ms. Norris said that they had agreed they would not rent out the apartment. The resident responded to a Zoning Board question that there were no association bylaws that addressed accessory apartments. A Zoning Board member pointed out that agreements between the Homeowners Association and the Norris’ were not the business of the Zoning Board. There was further discussion regarding the Homeowners Association bylaws, if duplexes were allowed in the development, and amendments to the Homeowners Association bylaws. Ms. Norris said that they know the square footage of the house and that 515 square footage was correct for the proposed accessory apartment.

Minutes transcribed from audio tape and 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 6th day of May, 2002 for the meeting of April 8, 2002.

Tom Koerner, Chairman
Boris Funtow
Steve Waltien
Gwen Webster