TOWN OF SHELBURNE

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

STAFF PRESENT:              Shannon Courville.

OTHERS PRESENT:           Rod Fisher, Sue Fisher, William Dunn, Will Simonelli, Chris Bramley, William Hoblock, Rob Donahue, Shelburne News.

Mr. Koerner, Chairperson, called the meeting to order at 7:03 p.m. and welcomed Mr. Edelman to the Zoning Board of Adjustment.  Mr. Koerner explained that the Zoning Board deliberated in Executive Session at times. Mr. Koerner said that the following agenda items would be heard at the end of the meeting:  Old Business, Approval of Minutes and previous Findings of Fact.  Mr. Koerner reviewed that two agenda items, the Vermont Zen Center and the Jeffrey and Rebecca Kapsalis application, were closed to further public testimony.  Site visits had been conducted.

 

Vermont Zen Center, Inc. seeks conditional use approval to expand a church under s.720.3 of the Town of Shelburne Zoning Bylaws.

 

Ms. Fisher, resident, said she was granted party status under Act 250 and had the right to readdress issues at Act 250 hearings regarding the Vermont Zen Center application.  Issues were water, aesthetics, increase in the intensive use of the property, force main placement, height of the proposed building, and archeological issues.

 

Mr. Koerner noted that a site visit was conducted after the public hearing was closed.  No other testimony would be taken.  A Zoning Board of Adjustment vote regarding the application would be taken at the end of the meeting. A decision would be available from the Zoning Administrator on 05/07/02.

 

A Zen Center representative arrived at the meeting at 7:12 p.m. and said that the Zen Center building was a dormitory style setup with communal bathrooms.

 

VOTING

THE REQUEST OF THE ZEN CENTER FOR CONDITIONAL USE APPROVAL WAS APPROVED 4 TO 0 WITH THE CONDITION THAT THEY CONFORM WITH THE LETTER FROM CIVIL ENGINEERING ASSOCIATES DATED APRIL 3, 2002.

 

Jeffrey and Rebecca Kapsalis are requesting approval for a side yard setback variance for a new barn.  The Zoning Board of Adjustment conducted a site visit of the Kapsalis property at 4901 Dorset Street.

 

VOTING

THE KAPSALIS’ VARIANCE APPLICATION WAS APPROVED 3 TO 1 DUE TO THE UNIQUE PHYSICAL CHARACTERISTICS OF THE PROPERTY.

 

William Dunn, owner, appeared before the Zoning Board of Adjustment on behalf of the application.

 

STAFF REPORT

Mr. Koerner reviewed the application for a variance under the Town Shelburne Zoning Bylaw s. 320.12 for an accessory apartment at 2770 Harbor Road.  The applicant is requesting conditional use review and approval under Article XVI, General Regulations, Section 1610, Conditional Uses and Article III, Rural 1 District for an accessory apartment under §320.12 of the Town of Shelburne Zoning Bylaws.

 

APPLICANT COMMENTS

Mr. Dunn explained that a 1995 permit for a barn with a rec room for his children was approved and built, but the decision by the Zoning Board stated a kitchen with a stove could not be installed in the space.  Since that time, the zoning regulations were changed to allow accessory apartments for relatives.  Mr. Dunn is requesting a variance to allow a kitchen in the space for a proposed apartment for his son.  Also, because the rec space was built larger than what is now permitted, a variance for the living space is also requested.  The rec room space is a grandfathered space and there is no intention to rent the space to anyone else, said Mr. Dunn.  Ms. Webster clarified that an accessory apartment was allowed as long as one of the structures was owner occupied.

 

There was discussion regarding the exact amount of square footage in the proposed living space (estimated at 912 square feet), accessory structures allowed and requirements as per the zoning ordinance (less than 600 square feet or 30 percent of the structure whichever was less), and if the extra proposed 312 square feet of living space required a variance.   Mr. Dunn provided a 1995 drawing of the existing space to the Zoning Board, and noted the existing structure was a legal accessory use of the building with a TV room, wet bar, and bathroom.  The ground floor was used to store boats and lawn care equipment.  Mr. Dunn reiterated that he was requesting a variance for the square footage and for a stove (kitchen area).

 

Mr. Dunn asked the Zoning Board to determine the setbacks (a variance might not be required in this case).  Ms. Webster asked Mr. Dunn to provide a drawing of the floor plan of the existing building.  Mr. Dunn roughly sketched out a floor plan.

 

Mr. Koerner explained that the Zoning Board of Adjustment would deliberate the request in Executive Session.  A decision would be available from the Zoning Administrator on 05/07/02.

 

PUBLIC INPUT

There were no comments from the public on this application.

 

VOTING

THE REQUEST OF WILLIAM DUNN FOR CONDITIONAL USE APPROVAL WAS APPROVED BY A VOTE OF 4 TO 0.

 

THE REQUEST OF WILLIAM DUNN FOR VARIANCE APPROVAL WAS DENIED BY A VOTE OF 4 TO 0.

 

Ms. Webster suggested that Mr. Dunn submit a site plan and floor plan that comply with the ordinance.

 

The Chairperson closed the public portion of the meeting at 7:35 p.m.

 

Minutes respectfully submitted by Kathlyn Furr, Recording Secretary

 

Dated at Shelburne, Vermont this 3^rd day of June, 2002 for the meeting of May 6, 2002.

 

Tom Koerner, Chair

Milton Edelman

Boris Funtow

Steve Waltien

Gwen Webster