Zoning Board of Adjustment Minutes

TOWN OF SHELBURNE
ZONING BOARD OF ADJUSTMENT
MINUTES OF MEETING
JULY 1, 2002

MEMBERS PRESENT: Tom Koerner, Chairman; Gwen Webster, Boris Funtow, Milton Edelman.
STAFF PRESENT: Shannon Courville.
OTHERS PRESENT: Robin Jeffers, Kerin Stackpole, Wendy Steager, Marcel Beaudin, Malcolm Goldberg, Steve Myers, Linda Lavalette, Micki Lavalette, Paul Swan, Peter Martel, Rob Donahue, Shelburne News.

1. CALL TO ORDER
Mr. Koerner, Chairperson, called the meeting to order at 7:01 p.m. and explained that the Zoning Board deliberated in Executive Session at times. Also, there were four Zoning Board members in attendance and a tie vote would mean a motion did not carry (i.e. decision denied). Applicants could delay a vote on their application until the full board is present if so desired.

Mr. Koerner said that the following agenda items would be heard at the end of the meeting: Approval of Minutes and previous Findings of Fact.

2. OLD BUSINESS
Robin Jeffers Amendment to CU00-33 Application
Mr. Koerner reviewed the Robin Jeffers amendment to a previous application (CU00-33) under Shelburne Zoning Bylaw 1620.2.2 to incorporate changes to the design of the house at 499 Bay Road. Mr. Koerner noted that public testimony on the application was closed at the last Zoning Board. At the conclusion of the last meeting, the Board decided to consult with the Town Attorney. The Town Attorney drafted an opinion as a Finding of Fact (the ZBA could sign these or not). Mr. Courville, Shelburne Zoning Administrator, said that language building a 90-day period was added to the opinion which brought the draft into compliance. Mr. Koerner noted audience members had expressed an interest in offering additional testimony on the Jeffers application. A letter was received from Ms. Lavalette, dated 06/18/02, requesting the public hearing portion of the application be reopened. Mr. Koerner read the letter. There was lengthy discussion of appropriate procedures for taking public testimony, whether to convene Executive Session to discuss the process for taking public testimony, a detailed review of facts researched from Town files concerning the application’s history dating back to 1999, and written testimony submitted by Ms. Forgays, an abutting neighbor of Ms. Jeffers, who was not in favor of approving the Jeffers application. Mr. Koerner said that both he and Ms. Webster were asked to recuse themselves by Ms. Forgays at the last meeting. At this point, said Mr. Koerner, he would step down and recuse himself. Ms. Webster said that upon advice from the Town Attorney, she would also recuse herself.

Ms. Lavalette, an abutting neighbor to the applicant, explained that she had written a letter asking the Board to re-open the hearing after talking with the Town Attorney. Mr. Koerner commented that would change the way the Board did business from now on. Mr. Koerner read the minutes of the April meeting and a fax received on 02/28/02 regarding the application. Mr. Koerner pointed out that the Jeffers hearing was not re-opened at this time, and asked for direction from the Board. Options were to keep the deliberations closed or re-open the public hearing at the next meeting.

Ms. Lavalette noted the Jeffers neighbors had signed a petition in favor of the Jeffers home improvements. Mr. Courville said the petition could be submitted to the Zoning Office. Ms. Lavalette asked if the hearing would be re-opened at the next zoning meeting. Mr. Edelman and Mr. Funtow expressed concern there were too many issues to make a decision at this time. Ms. Stackpole, an abutting neighbor, asked for notification if a hearing would be held.

In response to a question, Mr. Courville clarified that information received via fax or email are a part of the public record.

3. NEW BUSINESS
V02-11: Marcel Beaudin, applicant, requests a variance review and approval under Article XII, Lakeshore Overlay District, Section 1340.1 to locate a house within the 100’ setback from the 102’ elevation mark of Lake Champlain
Marcel Beaudin, owner, appeared on behalf of the application.

STAFF REPORT
The Board received a written staff report on the application.

APPLICANT COMMENTS
Mr. Beaudin explained that the application was the same as last month, except the request is for a variance versus a conditional use. Mr. Beaudin submitted a site map showing the location of an existing swale, drainage, culvert, 102 foot elevation, and proposed house site. The Pine Haven development drained through the swale. There will be no changes to the swale. The old farm machinery dump would be cleaned up. The existing camp would be torn down and replaced with a house.

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

DELIBERATION/DECISION
V02-11: Marcel Beaudin request for variance
MOTION by Ms. Webster, seconded by Mr. Edelman, to approve a request for a variance under Article XII, Lakeshore Overlay District, Section 1340.1 to locate a house within the 100 foot setback from the 102 foot elevation mark of Lake Champlain at 805 Bay Road with conditions as outlined in the Staff Report, dated 07/01/00, amended to change the date of the Staff Report to read 07/01/02.
DISCUSSION: Mr. Edelman asked Mr. Beaudin to file an “as built” survey after the house was built as Condition #4. Mr. Beaudin agreed and noted that this should be standard practice.
VOTE: unanimous (4-0); motion carried.

CU/V02-15: Malcolm Goldberg, applicant, requests conditional use approval under Article XVI, General Regulations, Section 1610, Conditional Uses and Article V, Residential 1 District for an accessory apartment under s. 520.6 of the Town of Shelburne Zoning Bylaws, and a variance under 1820.2b for the size of the apartment
Malcolm Goldberg, owner, and Paul Swan, contractor, appeared on behalf of the application.

STAFF REPORT
The Board received a written staff report on the application. Mr. Koerner reviewed the Staff Report and asked if the application was for a 408 square foot accessory apartment. Mr. Goldberg pointed out that the proposed structure was a two-story addition. Mr. Courville clarified that the addition would double the 1,300 square foot space. The apartment was 599.5 square feet and a variance was not needed. There was discussion regarding the rear setback. Mr. Swan submitted a site plan that showed a rear setback of 30 feet, a side yard setback of 18 feet, and an interior layout for a one-bedroom apartment.

APPLICANT COMMENTS
Mr. Goldberg explained that his daughter would purchase the house and (Mr. Goldberg) would live in the apartment. Neighbors were contacted and had no problem with the addition.

Mr. Koerner reviewed the conditional use criteria and asked for clarification of the parking and the number of cars. Mr. Swan explained that the parking configuration and an “under the house” garage would provide ample parking for four cars.

Mr. Goldberg said that currently there were three bedrooms plus one bedroom proposed.

Mr. Koerner reviewed that the proposed accessory apartment was less than 600 square feet, no variance was required, setbacks were within requirements, and there were no objections from neighbors.

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

DELIBERATION/DECISION
CU/V02-15: Malcolm Goldberg request for conditional use and variance
MOTION by Mr. Funtow, seconded by Mr. Edelman, to approve a conditional use request for 153 Richmond Drive under Article XVI, General Regulations, Section 1610, Conditional Uses and Article V, Residential 1 District for an accessory apartment under s. 520.6 of the Town of Shelburne Zoning Bylaws with conditions as outlined in the Staff Report, dated 07/01/02, with the following notations:
· Delete mention of a variance;
· A site plan was submitted;
· A detailed layout of the accessory apartment was submitted;
· The home was an existing three-bedroom house;
· (Following discussion as noted below, the requirement to file an “as built” survey was eliminated).
DISCUSSION: There was brief discussion of the responsible party for paying for surveys to be filed with the Town. Mr. Funtow questioned if there was a Town policy on surveys. Ms. Webster pointed out that surveys were needed for researching lots and would be useful in the future. Mr. Koerner suggested that further discussion was needed on the issue. The cost was an additional burden for the applicant and a survey should be left off as a condition of approval in the motion. Mr. Funtow and Mr. Edelman withdrew the condition regarding a survey to be filed with the Zoning Administrator.
VOTE: unanimous (4-0); motion carried.

Mr. Koerner explained that Mr. Goldberg would need to obtain a building permit from the Zoning Administrator. Mr. Goldberg thanked Mr. Courville for all his assistance.

CU/V02-16: Peter and Sally Martel, applicants, request conditional use review and approval under Article XVI, General Regulations, Section 1620.2.2, Noncomplying Structures to modify a noncomplying structure, and a variance for the rear yard setback under 1130.2 C
Peter Martel, owner, appeared on behalf of the application.

STAFF REPORT
Mr. Koerner reviewed a Staff Report regarding conditional use and variance for a noncomplying structure.

APPLICANT COMMENTS
Mr. Martel explained that the existing structure was originally an old farmhouse. There were two lots (though the Town considered them as one lot). Mr. Martel submitted a site plan and photographs of the existing house, and explained the home would be expanded 13 feet in the rear, the roof would be raised to become a two-story structure, and a foundation for a basement added. There were big Maple trees in the front which would remain.

There was lengthy discussion regarding residential setbacks requirements of 150 feet versus commercial setback requirements of 50 feet, the location of the Countryside Motel and the Teddy Bear Factory in relation to the house, and valid reasons for requesting a variance (does not include saving trees). Mr. Funtow noted that the rear yard was commercial zoning and a variance was not necessary. Mr. Koerner reviewed the site plan and determined that if the scale was correct, there should be no problem, however, Mr. Martel should measure the property lines to make sure the project is within the setback requirements.

Mr. Koerner reviewed the Conditional Use criteria that included existing sewer and water capacity and traffic impacts. Ms. Webster pointed out that Criteria #4 (nonconforming structures) applied.

Mr. Koerner urged the applicant to review the plan with the Zoning Administrator before building to avert any problems. Once a conditional use was granted, the plans could not be altered. Mr. Martel said he would have architect plans drafted. Mr. Koerner urged accurate measurements with the south sideline at 50 feet and the rear lot line at 50 feet. The extension could not be any closer to the lot line then what existed.

DELIBERATION/DECISION
CU/V02-16: Peter and Sally Martel request for conditional use and variance
MOTION by Ms. Webster, seconded by Mr. Edelman, to approve CU/V02-16, Conditional Use review and approval under Article XVI, General Regulations, Section 1620.2.2, Noncomplying Structures with proposed conditions as outlined in the Staff Report, dated 07/01/02, and with the understanding:
· The request for a variance is removed;
· The rear setback is 50 feet versus 150 feet;
· The side setback is no more nonconforming that currently exists;
· Amended site plans of the interior layout and elevations with exterior improvements are submitted to the Zoning Administrator for approval before construction.
VOTE: unanimous (4-0); motion carried.

Mr. Koerner advised Mr. Martel to contact the Zoning Administrator for assistance if needed.

4. ADJOURNMENT
The Chairman concluded the public portion of the Zoning Board meeting at 8:27 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 5th day of August for the meeting of July 1, 2002.

Tom Koerner, Chairman
Boris Funtow
Milton Edelman
Steve Waltien
Gwen Webster