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minutes

Zoning Board of Adjustment Minutes

                                                            TOWN OF SHELBURNE
ZONING BOARD OF ADJUSTMENT
MINTUES OF MEETING
JUNE 6, 2005
 
MEMBERS PRESENT:       Tom Koerner, Chairperson; Milton Edelman, Gwen Webster, Steve Waltien, Boris Funtow.
ADMINISTRATION:           Dean Pierce, Town Planner.
OTHERS PRESENT:            Patrick Grangien, Max Grangien, Pamela Hanley, Margery Sharp (Shelburne News).
 

1.         CALL TO ORDER
Mr. Koerner called the meeting to order at 7:05 p.m. Introductions were made.  Mr. Koerner explained the public hearing process and noted that deliberative session may be held at the conclusion of the public hearing. 
 
2.         NEW BUSINESS

REQUEST: Applicants, Patrick and Christine Grangien, request approval under §970 (Village Core Overlay District) and §1610 (Conditional Use) for a Retail Food Service Establishment designed to sell food to the general public at 195 Falls Road in the Village District, the Village Design Review Overlay District, and the Village Core Overlay District; this establishment will replace an existing residential use while an apartment in the building will remain  

Patrick and Max Grangien, owners, appeared on behalf of the application.
 
STAFF REPORT
A written Staff Report, dated 6/6/05, was given to the Zoning Board for review. Dean Pierce noted several months of conversation with the applicant regarding specialty retail uses. Food service and fast food definitions were reviewed.  It was determined that the definitions do not apply in this case. The Village Core Overlay subset includes retail to the public and food services.
 
APPLICANT COMMENTS
Mr. Grangien, owner and chef of Café Shelburne, explained the proposal to open a gourmet store where customers can purchase prepared entrées, pastries, wine and other fresh foods. The existing building is located across from the parade ground where over-flow parking is available. The 850 square foot shop will replace an existing first floor apartment. Food preparation will be done at Café Shelburne. The food offered will be different and less expensive than food from the restaurant.
 
Mr. Funtow asked for clarification regarding the retail offerings and how this differed from a restaurant or fast food service.  Mr.Grangien was asked if he was going to have any seating. It was stated that only a small kitchen is planned at the shop and the shop will not offer seating.  Mr. Grangien explained the shop is a retail store offering fresh and canned foods.
 
There was discussion of other shops in Shelburne such as Margarita’s that is a take out and catering establishment. Discussion included the percentage of prepared foods versus shelved items that the proposal will have.  The applicant indicated half the business would be prepared fresh food.   It was discussed that this proposal was more of a retail use than a restaurant use.
 
The parking calculations resulted in a total of 11 parking spaces, which include nine spaces for the retail establishment and two for the remaining apartment. The proposed hours of operation for the project are 9:00 AM to 7:00 PM.  Mr. Grangien stated that most of the deliveries would come directly to the restaurant and then brought over to the retail establishment.
 
Lot coverage percentages are within guidelines. There are no major changes proposed to lighting. 
 
Mr. Koerner asked if there were any changes to the building.  Mr.Grangien responded that there were plans to renovate the existing barn/shed since it was in disrepair. He said that there was a big slab of concrete and he would “like to expand it to make it bigger”.   The use of an existing barn/shed on the lot was discussed and it was determined that the existing this structure would not be used for the retail use.  Mr. Grangien was told that he would need to place an additional application at a future date if he wanted to expand the barn/shed.
 
The Zoning Board asked for a floor plan with the square footage of the proposed kitchen space and retail space delineated on it.  It was noted site plan review is required for the application and design review is needed for the proposed sign.
 
PUBLIC COMMENTS
Pam Hanley, adjacent neighbor and business owner, stated there are issues with a funeral home being located next to a food business. The funeral home in Burlington located next to City Market is subjected to pests, overflowing dumpsters and seagulls, and the same problems are not desired in Shelburne. Ms. Hanley expressed concern about traffic, including parking and safety issues for pedestrians crossing from the church to the shop.  Historically, the funeral home has 45 calls per year. Some of the services are very large and can occur on any day or hour.
 
Mr. Grangien stated trash would be deposited at the restaurant and not the retail establishment. There is no public access to the funeral home parking lot. Traffic is anticipated to come from drive-by local traffic on the street.
 
There was discussion of proposed changes to the traffic ordinance relative to lowering the speed limit on Falls Road and the need for a pedestrian crosswalk at Church Street/Falls Road. Installing a flashing yellow caution light at the intersection was suggested. Control of pests and potential parking issues was also discussed.
 

DELIBERATION/DECISION

Request for Approval of Retail Food Service Establishment, Grangien, 195 Falls Road
MOTION by Mr. Waltien, seconded by Ms. Webster, to approve the request by Patrick and Christine Grangien for approval of a Conditional Use for a retail food service establishment in the Village Core Overlay District to sell food to the general public at property located at 195 Falls Road with conditions as set forth in the Staff Report, dated 06/06/05, and stated below:
  1. The site shall be developed as shown on the detailed site plan submitted and shall include parking spaces.
  2. The applicant shall submit a detailed floor plan for the first floor.
  3. Loading dock area shall be designated on the site plan.
  4. Within sixty (60) days of this approval, the property owner and or applicant shall record a “MEMORANDUM OF MUNICIPAL ACTION” with the Shelburne Town Clerk’s office.
VOTE: unanimous (5-0); motion carried.
 
3.         OTHER BUSINESS
There being no other business, the Chairperson adjourned the meeting at 7:45 a.m.
 
Minutes respectfully submitted by Kathlyn Furr, Recording Secretary.
 
 
Dated at Shelburne, Vermont, this 11th day of July 2005 for the meeting of May 6, 2005.
 
 
 
_________________________________      _________________________________
Thomas Koerner, Chair                                    Gwen Webster
 
 
_________________________________      _________________________________
Steve Waltien                                                   Boris Funtow
 
 
_________________________________     
Milton Edelman

January 2005
Zoning Board of Adjustment Minutes

February 2005
Zoning Board of Adjustment Minutes

March 2005
Zoning Board of Adjustment Minutes

April 2005
Zoning Board of Adjustment Minutes

May 2005
Zoning Board of Adjustment Minutes

June 2005
Zoning Board of Adjustment Minutes

July 2005
Zoning Board of Adjustment Minutes

August 2005
Zoning Board of Adjustment Minutes

September 2005
Zoning Board of Adjustment Minutes

October 2005
Zoning Board of Adjustment Minutes

November 2005
Zoning Board of Adjustment Minutes

December 2005
Zoning Board of Adjustment Minutes







P.O. Box 88
5420 Shelburne Road
Shelburne, VT 05482
phone: 802-985-5110
fax: 802-985-9550


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