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Zoning Board of Adjustment Minutes
ZONING BOARD OF ADJUSTMENT MINUTES OF MEETING DECEMBER 5, 2005 MEMBERS PRESENT: Tom Koerner, Chairperson; Boris Funtow, Steve Waltien, Gwen Webster. ADMINISTRATION: Cindy Tyminski, Acting Zoning Administrator. OTHERS PRESENT: John Wakefield, Dick Elkins, Walter Rittwage, Joanne Rittwage, Tim O’Brien, Mark Gadue, David Webster, Mary Sackett, Paul Bohne, Dorothy Penar, Ashley Matthews (Burlington Free Press), Margery Sharp (Shelburne News). 1. CALL TO ORDER Mr. Koerner called the meeting to order at 7:01 p.m. and noted a majority vote is needed to carry a decision. A tie vote (2-2) results in a denial. Deliberative session may be held at the end of the hearings. Mr. Koerner reviewed the definition of “interested parties” and the public hearing procedure. 2. NEW BUSINESS A05-49: Appeal by Richard Elkins to contest the Certificate of Occupancy (CO) issued by the Zoning Administrator on 11/01/05 in that the appellant alleges the project was not complete and did not meet all zoning and planning conditions prior to the issuance of the Certificate of Occupancy and, therefore, the appellant requests that the CO be revoked and all activity on the Fieldhouse project located on 166 Athletic Drive in the Commerce-Industry District cease. [Note: Ten other Shelburne residents join Mr. Elkins in the appeal.] Richard Elkins, appellant, appeared on behalf of the appeal. STAFF REPORT Mr. Koerner read the warned Notice of Appeal and noted requirements as an “interested party” must be met to file an appeal. APPELLANT COMMENTS Mr. Elkins, Bacon Drive, submitted colored photographs of the Fieldhouse building from various angles and elevations. Mr. Elkins stated the appeal is based on conditions of the issued permit. The building’s exterior beams have not been properly screened and do not meet the criteria of the permit. Ms. Tyminski stated the screening is now in place. Mr. Elkins stressed the conditions are still not satisfied in that what is there does not screen anything and there are rusty streaks across the Fieldhouse roofline as seen behind the Ark Veterinary building. Mr. Funtow asked what is supposed to be screened. Mr. Elkins stated the structure was to be “77% opaque” and question whether it was or not. Mr. Koerner reviewed the stipulation pertaining to the exterior beams and asked Mr. Elkins if it is his contention the screening in place is not powder-coated white aluminum. Mr. Elkins confirmed this, adding the coating is not white, it is rusty, and the beams are visible on the west side. Ms. Tyminski said some of the screening is white, but if there is rust, it is not aluminum. Exhibit C (colored elevation photographs of the Fieldhouse structure) was reviewed. Mr. Koerner read the text related to Exhibit C. Mr. Elkins stated the screening was not installed when the appeal was filed on 11/17/2005. Ms. Webster said the screening should have been installed by 10/15/2005. Mr. Elkins reiterated that in his opinion the permit should not have been issued until the work was complete. The northeast screen is not opaque and does not screen the beams which are visible from anywhere on the road. Mr. Elkins urged the Zoning Board to grant the appeal so the matter can move to the next level. Mr. Koerner observed the issue of how to determine “opaque” must be settled. Mr. Koerner asked Paul Bohne, Shelburne Town Manager, if he had any comments regarding the appeal. Mr. Bohne respectfully declined comment. There were no further comments. DELIBERATION/DECISION Appeal of CO for Fieldhouse Project, 166 Athletic Drive, Richard Elkins et al (A05-49) The Board will consider the matter in Deliberative Session at the end of the hearings. The decision was made in deliberative session. CU05-45: Conditional Use application by Michael Koper to expand and modify a non-complying structure under §1620.2.2 and §1330.2 of the Shelburne Zoning Bylaws for property at 886 Bay Road in the Residential 1 District (Article V) and Lakeshore and Floodplain Overlay Districts (Article XIII) Michael Koper, owner, appeared on behalf of the application. STAFF REPORT Mr. Koerner read the warned Notice of Public Hearing and pointed out the application was first presented in summer of 2005. APPLICANT COMMENTS Mr. Koper stated the site plan is essentially the same, but the footprint was modified to move the structure five feet away from the lake toward Bay Road, making it less noncomplying. The structure will have the same square footage, color, and building height. Mr. Koper showed the 102 foot elevation on the site plan. Mr. Koerner stated a revised site plan and floor plan are needed for the file. Ms. Tyminski pointed out the application is an amendment to a previous approval. It was noted the applicant will have 542 cubic feet in volume remaining for any future expansion plans. PUBLIC COMMENT None. DELIBERATION/DECISION Conditional Use, Expand/Modify Non-Complying Structure, 886 Bay Road, Koper (CU05-45) MOTION by Mr. Waltien, seconded by Ms. Webster, to approve CU05-45, application by Michael Koper to expand and modify a non-complying structure at 886 Bay Road, subject to the conditions as set forth in the Staff Report, dated 12/05/05, and as follows:
VOTE: unanimous (4-0); motion carried. CU05-46: Condition Use application by Indisi, NV (Owner) and Mark Gadue (Applicant) of Gadue’s Dry Cleaning Inc. for a change of use from retail (§820.10) to dry cleaning services (§820.4) at 2989 Shelburne Road in the Residential/Commercial District (Article VIII) Mark Gadue, Gadue’s Dry Cleaning representative, appeared on behalf of the application. STAFF REPORT Mr. Koerner read the warned Notice of Public Hearing and pointed out 2989 Shelburne Road is in the Shelburne Bay Plaza. Ms. Tyminski explained the request is a change of use which requires conditional use approval. APPLICANT COMMENTS Mr. Gadue stated the space formerly occupied by Redwing Shoes is where Gadue’s Dry Cleaning is locating. Only garment drop off/pick up will occur at the site. The main production facility is in Colchester. The laundry space will include two counters, a fixed rack, and one staff person. Operating hours will be 7:00 a.m. to 5:30 p.m. There will be no smells, noise, or equipment on site. It appears there is space for a sign on the façade (top) of the building. Gadue’s Dry Cleaning Inc., d/b/a “Mountainaire”, will have minimal impact, assured the applicant. Ms. Tyminski showed a revised floor plan of 1,500 square foot of space. Mr. Funtow asked if parking requirements have been met. Ms. Tyminski replied parking requirements are met. PUBLIC COMMENTS Mr. Rittwage, resident and abutting neighbor, asked how many truck trips per day were expected and at what times. Mr. Gadue replied the business will use a regular sized van for two trips per day. The clean garments will be on hangers and placed on a rack inside the door. The van will pickup dirty clothes and bags then leave the site. Mr. Rittwage noted concern about past issues with noise and lights at the Plaza (occurring at 11:00 p.m. and later). There were no further questions. DELIBERATION/DECISIONCondition Use, Change of Use (dry cleaning service), 2989 Shelburne Road, Indisi, NV/Mark Gadue (CU05-46) MOTION by Mr. Funtow, seconded by Ms. Webster, to approve CU05-46, application by Indisi, NV (Owner) and Mark Gadue (Applicant) of Gadue's Dry Cleaning and Laundry Service, Inc, d/b/a Mountainaire, for a change of use from retail (§820.10) to dry cleaning services (§820.4) at the former Redwing Shoe store space at 2989 Shelburne Road, with stipulations as outlined in the Staff Report, dated 12/05/2005, and as follows:
VOTE: unanimous (4-0); motion carried. CU05-47: Conditional Use application by Tray Pecor (Owner) and Timothy O’Brien (Applicant) of Greer’s Dry Cleaning and Laundry Services to change professional offices (§810.4) to dry cleaning services (§820.4) at 2997 Shelburne Road in the Residential/Commercial District (Article VIII) Timothy O’Brien, Greer’s Dry Cleaning and Laundry Services, appeared on behalf of the application. STAFF REPORT Mr. Koerner read the warned Notice of Public Hearing for the change from professional offices to dry cleaning services at 2997 Shelburne Road. APPLICANT COMMENTS Mr. O’Brien explained the proposal to locate a dry cleaning and laundry service in the side portion of building as shown on the site plan. There is 767 s.f. of space for the drop-off/pick-up service. There will be no cleaning on site. The space will include racks for clothes, counter space and storage space. The entrance door faces Hullcrest Road. Mr. Koerner asked if parking requirements have been met. Ms. Tyminski explained the back portion of the building was approved for professional offices, has a reduced parking impact versus retail or personal services. The proposed dry cleaning business will require one more parking space. Mr. O’Brien stated there are 32 parking spaces. Ms. Tyminski noted the parking calculations are acceptable for the current application, but future applications will have an issue with parking. There should be only two businesses in the complex. There was brief discussion of the back portion of the building which has been divided into separate spaces (the Gadue application is the third business use), the need for a cumulative parking calculation, proposed hours of operation for the Greer Dry Cleaning service (7 a.m. to 6 p.m. with deliveries once a day), and peak traffic hours. Mr. O’Brien said he expected early morning and late afternoon traffic. The processing plant is located on Dorset Street. PUBLIC COMMENT Mr. Rittwage, abutting neighbor, expressed concern about noise, use of chemicals and delivery trucks. Mr. O’Brien reiterated clothes will not be cleaned on site. DELIBERATION/DECISIONConditional Use, Change of Use (dry cleaning service), 2997 Shelburne Road, Pecor/O’Brien with Greer’s Dry Cleaning and Laundry Service (CU05-47) MOTION by Ms. Webster, seconded by Mr. Funtow, to approve CU05-47, application by Tray Pecor (Owner) and Timothy O’Brien (Applicant) of Greer’s Dry Cleaning and Laundry Services to change from professional offices (§810.4) to dry cleaning services (§820.4) at 2997 Shelburne Road for a pick-up and drop-off business, with stipulations as outlined in the Staff Report, dated 12/05/2005, and as follows:
VOTE: unanimous (4-0); motion carried. Ms. Tyminski stated a master site plan showing the updated parking layout on the site will be prepared. CU05-48: Conditional Use application by Catamount/Harbour LLC (Owner) and John Wakefield of Redstone Commercial Group (Applicant) for a change of use to warehouse and storage facilities (§1020.8) including a paved outdoor loading area behind the existing building at Harbour Industries, 4750 Shelburne Road, in the Commerce and Industry District (Article VIII) John Wakefield, Redstone Commercial Group, appeared on behalf of the application. Mr. Waltien stated he has had a business relationship with Redstone, but does not know Mr. Wakefield. Mr. Waltien offered to recuse himself. Following discussion, the Zoning Board felt there was not a conflict of interest. STAFF REPORT Mr. Koerner read the warned Notice of Public Hearing for the application. APPLICANT COMMENTS Mr. Wakefield explained the proposal to change the use of the back building from light manufacturing to light warehouse and storage. Also proposed is the addition of a loading zone to accommodate a potential tenant. The outdoor storage will require Act 250 approval for blasting and grading of a larger area. The outdoor storage will be used as a secondary storage area for containers of office furniture. Primary storage will be indoors. Mr. Funtow noted the bylaws require screening of outdoor storage areas. Mr. Wakefield pointed out there are railroad tracks and six and a half acres of woods to the west of the site (between Harbor Industries and Action Associates) which is conservancy land. To the south is an existing park. The buildings are not visible from Route 7. The prior manufacturing use created 147 trips per day. The storage use will create 4.96 trips per gross square footage, which translates to 69 trips per day. There is ample parking (82 existing parking spaces). The proposed use will require 29 spaces. Ms. Tyminski gave a brief history of the uses on the property. PUBLIC COMMENT None. DELIBERATION/DECISIONConditional Use, Change of Use to Warehouse/Storage, Harbor Industries, 4750 Shelburne Road, Catamount/Harbour LLC (Owner) and John Wakefield of Redstone Commercial Group (CU05-48) MOTION by Mr. Waltien, seconded by Mr. Koerner, to approve CU05-48, application by Catamount/Harbour LLC (Owner) and John Wakefield of Redstone Commercial Group (Applicant) for a change the use to warehouse and storage facilities at Harbor Industries, 4750 Shelburne Road, with conditions as set forth in the Staff Report, dated 12/05/2005, and as follows:
VOTE: unanimous (4-0); motion carried. 3. DELIBERATIVE SESSION/ADJOURNMENT MOTION by Mr. Funtow, seconded by Mr. Waltien, to adjourn the public hearing portion of the meeting and enter Deliberative Session. VOTE: unanimous (4-0); motion carried. The Board entered Deliberative session at 8:10 p.m. Minutes respectfully submitted by Kathlyn Furr, Recording Secretary. Dated at Shelburne, Vermont this ninth day of January for the meeting of December 5, 2005. . _________________________________ _________________________________ Thomas Koerner, Chair Gwen Webster _________________________________ _________________________________ Steve Waltien Boris Funtow
January 2005Zoning 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 |
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