TOWN OF SHELBURNE

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

ADMINISTRATION:           Cindy Tyminski, Acting Zoning Administrator.

OTHERS PRESENT:            Jim Olson, Cynthia Shedd, Jeffrey Shedd, Robert Roesler, Robert Suchert, Margery Sharp (Shelburne News).

 

Mr. Koerner called the meeting to order at 7:04 p.m. and with only four members on the Board, a majority vote in support of an application (three ayes) is needed for approval. Deliberative session may be held at the end of the meeting. The definition of “interested parties” and the public hearing procedure were reviewed.

 

Cynthia and Jeffrey Shedd, owners, and Robert Suchert, VTrans, appeared on behalf of the application. The applicant signed the “Interested Party” document.

 

STAFF REPORT

Mr. Koerner reviewed the staff report and recalled a previous application for variance due to the reconstructed Route 7 (the existing shed is too close to the property line). The Agency of Transportation (VTrans) has reviewed the application.

APPLICANT COMMENTS

Ms. Shedd explained the request to move the existing shed as the result of the Route 7 widening project that brought the road to the edge of the shed. Photographs of the shed and Route 7 were shown. The proposal is to move the shed to the back of the property. The new location will not increase the noncompliance any more so than any other shed. The shed will be seven feet from the property line at the farthest corner and parallel to the mobile home. Ms. Shedd said that they would like to maintain an access area around the shed and mobile home for mowing and yard maintenance. It is hoped VTrans can move the shed before winter. Harry Petrovs, VTrans, drew up a plan to move the shed closer to the mobile home, but this is not desired. VTrans graded the site to the existing shed location and it is hoped the grading will continue to the new shed location. At one point in time, continued Ms. Shedd, the property was a double-lot with two driveways. The second driveway is an existing asphalt area that VTrans will remove and plant with seven crabapple trees. A Windsor white privacy fence will be installed three feet from the sidewalk and in front of the mobile home.

 

Robert Suckert, VTrans, confirmed work will continue on the Route 7 project weather permitting. If the shed is not movable when work is stopped for the season, VTrans will replace the shed with a similar model.

 

Mr. Funtow mentioned the submitted drawings need to show the setback measurements.

 

PUBLIC COMMENT

None.

 

DELIBERATION/DECISION

MOTION by Ms. Webster, seconded by Mr. Waltien, to grant Conditional Use approval of CU-05-42, application by Ray Pecor (owner), Cynthia and Jeffrey Shedd (owner) and VTrans (applicant/agent) for the relocation of an existing, non-complying shed (§1620.2) at 35 Penny Lane in the Residential-Commercial District (Article VIII) due to the Route 7 reconstruction to a location that does not diminish yard or setback areas except as an encroachment equal to an existing building line with conditions as set forth in the Staff Report and amendment to the site plan as follows:

1.      Changes to and uses of the site shall occur as indicated on the site plan prepared by the applicant and date stamped October 14, 2005; the above-mentioned plan was submitted with the conditional use application and approved by the Board during the public hearing on November 7, 2005, amended to include a correction (Annotated #35) that the existing shed location is 13’, and 7’ references the proposed location.

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.

 

Jim Olson with Civil Engineering Associates, agent for the Gabriel Handy Family Trust, appeared on behalf of the application and signed the “Interested Party” document.

 

STAFF REPORT

Mr. Koerner reviewed the staff report and a brief history of lot coverage and potential land swap as discussed at the 10/3/05 Zoning Board meeting.  Ms. Tyminski noted the Public Works Director asked to have public utility lines identified on the site plan

 

 

APPLICANT COMMENTS

Mr. Olson recalled at the last Zoning Board meeting, a variance was requested for lot coverage exceeding 40%. The Zoning Board suggested a reduction of coverage to 40% or less. Green space was gained on the right side of the driveway by eliminating the first parking space. The south driveway will be closed by new curbing and a sidewalk. The Econo Lodge green space will be merged with the green space at Buenos Appettito’s to provide a continuous green belt which sweeps around to the west to Handy’s property.

 

Mr. Funtow pointed out the last sentence of the first paragraph on Page 1 of the staff report referring to the entrance and existing drives for the site not changing should be deleted.

 

Mr. Koerner asked about the cost effectiveness of moving the building. Mr. Olson explained the issues are closing the business, doing the renovations, and the loss of business. There has been a settlement for the loss of the land and any relocation of signage related to the “taking” frontage for the Route 7 reconstruction project. There are on-going negotiations for other issues.

 

PUBLIC COMMENT

None.

 

DELIBERATION/DECISION

MOTION by Ms. Webster, seconded by Mr. Waltien, to grant Conditional Use approval of CU-05-43, application by Gabriel Handy (owner and applicant) of Econo Lodge and Suites and Civil Engineering Associates (agent) to modify and move an existing, non-complying building at 3164 Shelburne Road in the Residential-Commercial District (Article VIII) making it less non-complying as a result of the Route 7 reconstruction with conditions as set forth in the staff report and as follows:

1.      Changes to and uses of the site shall occur as indicated on the site plan prepared by the applicant and date stamped October 14, 2005; the above-mentioned plan was submitted with the conditional use application and approved by the Board during the public hearing on November 7, 2005.

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.

 

Robert Roesler, agent for the appellant, appeared on behalf of the appeal.  Mr. Waltien disclosed that he knew Mr. Roesler and following discussion, the Zoning Board and applicant felt there was no conflict of interest.

 

Mr. Koerner read the staff report on the appeal of the Zoning Coordinator’s citation of violation, dated 9/19/2005.  Ms. Tyminski stated that Marco’s begun the Zoning Board process in March 2005, continued the application a few times and eventually withdrew it.

 

Mr. Roesler asked that the Board stay the appeal proceeding until February, 2006, to allow the appellant (or agent thereof) time to work with the Town Attorney and Zoning Coordinator to refine the issues. The appellant’s agent stated that an application for site plan approval will be filed within 30-days. Mr. Roesler also stated that the appellant will apply for Site Plan review within this time frame.   The appellant is working with the town to resolve the issues, reiterated Mr. Roesler.

 

Ms. Webster asked about procedure for continuing the appeal. Ms. Tyminski explained the Board would need to make a motion at each regular meeting to continue the appeal. Mr. Roesler stated his client wants to keep the appeal on the Zoning Board’s agenda. Ms. Webster asked if the fees for the appeal had been paid.  Mr. Roesler replied that $100 was paid on 11/4/05.

 

Ms. Tyminski explained the appellant is appealing the violation issued on 9/19/05 related to not obtaining site plan review and a sign permit.  The Zoning Board needs to determine if the appeal is timely per VSA24 §4466 and if the appeal meets the criteria also required by State statue.

 

Mr. Koerner asked why the appellant was not more responsive. Mr. Roesler explained the appellant was depending on another party to deal with the issues and this did not occur. Mr. Roesler stated he is completing documents from the Zoning Administrator, and the appellant is now trying to follow Town requirements.

 

Ms. Tyminski mentioned a survey and drawings for the site are also needed.

 

There was discussion of the meeting with the Zoning Administrator and the appellant. Ms. Tyminski stated the appellant (McGrath, d/b/a RSM Management) has been accruing fines on other violations since August. Mr. Roesler stated the next step is an appeal to the Environmental Court. Mr. Roesler restated that the appellant is asking the Zoning Board to preserve the status quo until February, 2006.  The consensus of the Board is to discuss the issue in Deliberative Session.

 

 

The Board entered Deliberative session at 7:55 p.m.

 

 

MOTION by Koerner, seconded by Waltien, to adjourn the meeting.

unanimous (4-0); Motion carried.

 

 

 

 

Dated at Shelburne, Vermont, this 5^th day of December, 2005 for the meeting of the 7^th day of November, 2005.

 

 

_________________________________      _________________________________

Thomas Koerner, Chair                                    Gwen Webster

 

 

 

_________________________________      _________________________________

Steve Waltien                                                   Boris Funtow