Zoning Board of Adjustment Minutes

TOWN OF SHELBURNE
ZONING BOARD OF ADJUSTMENT
MINUTES OF MEETING
December 2, 2002

MEMBERS PRESENT: Tom Koerner, Chairperson; Gwen Webster, Boris Funtow, Milton Edelman. (Steve Waltien was absent.)
STAFF PRESENT: Shannon Courville.
OTHERS PRESENT: Richard Poston, Grant Poston, Clark Poston, Rob Donahue, Shelburne News.

1. CALL TO ORDER
Mr. Koerner, Chairperson, called the meeting to order at 7:01 p.m., and explained the Zoning Board of Adjustment (ZBA) may opt to cover Old Business, Approval of Minutes, Findings of Fact, or deliberate in Deliberative Session. The ZBA members introduced themselves.

2. OLD BUSINESS
CU02-27 RICHARD POSTON SEEKS CONDITIONAL USE APPROVAL UNDER SHELBURNE BYLAW 320.12 FOR AN ACCESSORY APARTMENT AT 5271 SPEAR STREET
Richard, Grant, and Clark Poston appeared on behalf of the application.

STAFF REPORT
Mr. Koerner noted The ZBA can hear and act on an application with four members in attendance, but a tie vote would result in a denial. Applicants have the option to wait for a full board to be present.

Mr. Koerner reviewed the Poston application, CU02-27, was held over from the previous month. Staff notes and conditional use criteria for an accessory apartment less than 600 square feet were reviewed. A variance is not required.

APPLICANT COMMENTS
Mr. Poston explained there have been no changes to the application submitted previously. The one-bedroom apartment is located in the lower portion of an existing house, and is presently occupied. The neighbors know of the apartment and have expressed no opposition. The apartment has existed for the past seven years. A gas stove was recently installed. The apartment is up to code and includes smoke detectors.

Mr. Edelman asked for clarification regarding the square footage of the house minus the apartment. Mr. Poston explained the approximately 2,500 s.f. house is a two-story ranch with a finished basement. Ms. Webster noted that square footage on the application was 1,684 for the house and 508 in the basement.

Mr. Funtow asked the applicant to submit a lot drawing showing the house site with the apartment location relative to the house. Mr. Poston said a site plan was submitted with the application. Mr. Koerner asked if the photograph attached to the application was a site plan. Mr. Courville said yes. Mr. Edelman suggested writing: “the apartment is an integral part of the house” on the photograph.

Mr. Koerner reminded the homeowner must either live in the house or the accessory apartment.

MOTION by Mr. Funtow, seconded by Mr. Edelman, to approve the Conditional Use request under Article XVI, General Regulations, Section 1610, Conditional Uses, and Article III, Rural 1 District for an Accessory Apartment under Section 320.12 of the Town of Shelburne Zoning Bylaws, with the following conditions:
1. The use of the site shall occur as indicated on the floor plan and applications as prepared by the applicant. Said plans were submitted with the Conditional Use and General Information applications and approved by the Zoning Board during the public hearing on 12/02/02.
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.
VOTE: unanimous (4-0); motion carried.

VO2-19 THE TOWN OF SHELBURNE SEEKS A VARIANCE UNDER SHELBURNE BYLAW 330.2A FOR THE MINIMUM FRONT YARD SETBACK AT 1136 BAY ROAD
Mr. Koerner reported the State asked for a continuance to January, 2003, on the application regarding the Bay Road fishing access area.

MINUTES
MOTION by Mr. Funtow, seconded by Mr. Edelman, to approve the minutes of 11/04/02 as written. VOTE: 3 ayes, 1 abstention (Ms. Webster); motion carried.

3. NEW BUSINESS
CU/V02-26 GARDNER CONSTRCUTION SEEKS CONDITIONAL USE APPROVAL UNDER SHELBURNE BYLAW 820.22 TO BUILD A 2800 SQUARE FEET COMMERCIAL BUILDING AT 1947 SHELBURNE ROAD. VARIANCES ARE REQUIRED UNDER BYLAWS 830.2A AND B
The applicant did not appear. It was the consensus of the Board to continue the hearing on the application at the next meeting of the ZBA.

4. ADJOURNMENT
The Chairperson adjourned the meeting at 7:45 p.m.

Minutes respectfully submitted by Kathlyn Furr, Recording Secretary.

These minutes are subject to correction by the Shelburne Zoning Board of Adjustment. Changes, if any, will be recorded in the minutes of the next meeting of the Board.

Dated at Shelburne, Vermont this 6th day of January, 2003 for the meeting of December 2, 2002.

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