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Zoning Board of Adjustment Meeting - February 2006
ZONING BOARD OF ADJUSTMENT MINUTES OF MEETING FEBRUARY 6, 2006 MEMBERS PRESENT: Tom Koerner, Chairperson; Boris Funtow, Gwen Webster, Steve Waltien. ADMINISTRATION: Paul Bohne, Zoning Administrator. OTHERS PRESENT: John Holt, Linda Lavalette, Sam Gardner, Robert Rosseler, Sean McGrath, Margery Sharp (Shelburne News). 1. CALL TO ORDER Mr. Koerner called the meeting to order at 7:03 p.m. Introductions were made. The procedure to be followed at the meeting and the definition of “interested party” was explained. It was noted a tie vote (2-2) results in denial of an application. 2. OLD BUSINESS CU06-03: Conditional Use application by Chris Atkin (owner and applicant) and Northeast Construction (agent) to modify a noncomplying structure (§1620.2) without diminishing any required yard or setback areas except a setback line encroachment equal to the existing building line by rebuilding a garage and pre-existing apartment at 441 Bay Road in the Residential-Commercial District (Article VIII) Sam Gardner with Northeast Construction appeared on behalf of the application. STAFF REPORT The Zoning Board received a written staff report on the application, dated 2/6/06. Mr. Koerner noted the hearing was continued to allow the applicant to provide a revised floor plan and elevations. APPLICANT COMMENTS Mr. Gardner submitted a revised site plan and elevations. The corner of the re-constructed apartment will be shifted a few feet onto the property and away from the existing fence which is on the property line. The building is proposed to be a 20rsquo x 25rsquo onestory structurediv divnbsp div divMr Koerner pointed out state statute for accessory apartments require the owner to live in the primary residenceonsite Mr Funtow suggested the Board revisit whether the existing apartment is in a grandfathered location There was further discussion of the use and location separate issues It was advised any modifications to accessory apartments should be brought before the Zoning Board for review It was noted a neighbor Lavalette indicated the existing apartment has been a rental unit in continuous use for more than 40 years It was also noted that if a use is abandoned for two years allowance for the use expires Following further investigation it was found the owner does not live onsite but the apartment is ldquo grandfatheredrdquo div divnbsp div divMr Koerner stated Board concerns about the size and height of the proposed apartment have been addresseddiv divnbsp div divPUBLIC COMMENTdiv divMs Lavalette neighbor acknowledged the applicantrsquo s willingness to address concerns and asked if pivoting the nearest corner of the proposed building another four feet away from the existing fence could be considered as this would allow exit out of the apartment bedroom window in an emergencynbsp Mr Koerner asked if the apartment building foundation will be replaced Mr Gardner confirmed the foundation will be replaced and there is at least six feet on the driveway side of the proposed building to allow the building to be angled away from the fence The siting of the building is such to take advantage of the viewnbsp Ms Lavalette stated the fence was moved a few feet from the corner of the existing apartment to provide some extra room There are property boundary pins in the front of the property Mr Gardner stated the plan is to move the proposed building farther away from the fence The existing building will be torn down Mr Koerner urged the applicant to be certain of the accuracy of the property and fence lines The building will be torn down and the corner of the new building needs to be indicated accurately on the site plan The site plan must also show accurate dimensions distances and setbacks The applicant should consider moving the building farther from the boundary linediv divnbsp div divDELIBERATIONDECISIONdiv divuConditional Use Modify Noncomplying Structure rebuild garage and preexisting apartment 441 Bay Road Chris AtkinNortheast Construction CU0603udiv divMOTION by Mr. Waltien, seconded by Mr. Funtow, to approve the Conditional Use application by Chris Atkin (owner and applicant and Northeast Construction agent to rebuild a preexisting apartment which is a noncomplying structure on property at 441 Bay Road with conditions as set forth in the Staff Report dated 020606 and as followsdiv ol type1 libThe changes to and uses of the site shall occur as indicated on the Site Plan Floor Plan and Elevations as submitted prepared by the applicantrsquo s agent and date stamped 01172006 the above mentioned plans were submitted with the Conditional Use application and approved by the Board during the public hearing on 02062006b li libThe onebedroom accessory apartment shall be limited to 480 square feet and annotated on the Site Plan as 480 square feetb li libThe closest point of the proposed accessory apartment building shall be greater than the current distance from the property lineb li libWithin sixty 60 says of this approval the property owner shall record a ldquo MEMBORANDUM OF MUNICIPAL ACTIONrdquo with the Shelburne Town Clerkrsquo s office this document will notify future property owners of the approval and conditionsb li ol divVOTE unanimous 40 motion carrieddiv divbnbsp bdiv divb3nbsp nbsp nbsp nbsp nbsp nbsp nbsp nbsp NEW BUSINESSbdiv divbuCU0608 Conditional Use application by Bruce Righi owner and RSM Management Services applicant of Marcorsquo s Pizzeria and Beverage to change the existing use from primarily a retail store sect 82010 to a delipizzeria per sect 32010 other similar uses and sect 16202 noncomplying structure on property at 4109 Shelburne Road in the ResidentialCommercial District Article VIIIubdiv divRobert Rosseler agent appeared on behalf of the applicationdiv divnbsp div divSTAFF REPORTdiv divThe Zoning Board received a written staff report on the application dated 2606 Mr Koerner noted the property under discussion is the former Uncle Leorsquo s Storediv divnbsp div divAPPLICANT COMMENTSbr Mr Rosseler explained Uncle Leorsquo s was closed until Marcorsquo s opened as a similar convenience storedeli use A permit was obtained from the interim Zoning Administrator but there was some confusion The operation still is largely a convenience store business with food service mainly between 1130 am 130 pmamp 530 pm8 pm Vehicular traffic is similar to Uncle Leorsquo s with changes due to the Route 7 reconstruction project that include a traffic signal at the proper intersection The new road does impinge on parking The parking space calculation for the 30rsquo x 445rsquo building is nine spaces There are 10 spaces handicap spaces and employee parking in the rear of the building Use of the access road to get to the antique store to the north may infringe on pedestrians having to cross the access road The handicap ramp has been reconfigured to parallel the front of the store A landscape plan has been proposed and a surveyor has been engaged to design the layout of the propertydiv divnbsp div divMr Koerner questioned the number of handicapped spaces many Mr Rosseler stated the surveyor detailed the parking spacesdiv divnbsp div divThere was discussion of the differences between a convenience storepizzeria versus a pizzeriadeli Mr McGrath owner explained Marcorsquo s sells convenience merchandise and stocks various sundries requested by patrons There was discussion of howif the definition of fast food fits a sandwich shop andor pizzeria Mr McGrath said he submitted a letter to the Town from Capital Candy that outlined the types of convenience merchandise purchased by Marcorsquo s Prepared food is not sold until 1130 am and again from 5 pm to 730 pm Otherwise the store is a convenience store catering to the neighborhood cigarettes newspapers toiletries canned goods and such stressed Mr McGrathnbsp Mr Koerner asked if the gross revenue is derived from selling convenience goods Mr McGrath stated the gross revenue may be similar for selling merchandise versus pizza but the margin is better on the pizza Mr Koerner asked if just pizza would be sold if that was an option Mr McGrath stated he did not anticipate a change noting his other store sells more than pizza as welldiv divnbsp div divMr Waltien pointed out if the use is changed to a restaurant permitted use than the use is a similar use Mr Rosseler stated the applicant is representing the current application as a similar usediv divnbsp div divPUBLIC COMMENTdiv divJohn Holt resident asked how the proposed use is different from a gas station offering McDonaldrsquo s fast food as a part of the operation Mr Koerner read sect 8208 Conditional Use for a fast food restaurant in a PUD Mr Holt questioned if pizza is considered a ldquo fast foodrdquo Mr Funtow assured per the definition of ldquo fast foodrdquo pizza appears to be fast food There was further discussion of the business offered by Uncle Leorsquo s that started out as all food and ended up as a convenience store with a deli Mr McGrath pointed out there was a pizza oven in the Uncle Leorsquo s store when he purchased the propertydiv divnbsp div divDELIBERATIONDECISIONdiv divuConditional Use Change of Use primarily retail to delipizzeria 4109 Shelburne Road RighiMarcorsquo s Pizzeria and Beverage CU0608udiv divThe Board will deliberate the application in Deliberative Sessiondiv divnbsp div divb4nbsp nbsp nbsp nbsp nbsp nbsp nbsp nbsp DELIBERATIVE SESSIONbdiv divThe regular meeting was adjourned and Deliberative Session convened at 805 pmdiv divnbsp div diviMinutes respectfully submitted by Kathlyn Furr Recording Secretaryidiv divinbsp idiv divnbsp div divDated at Shelburne Vermont this 13supth supday of March for the meeting of February 6 2006nbsp nbsp nbsp nbsp nbsp nbsp nbsp nbsp nbsp nbsp nbsp nbsp nbsp nbsp nbsp nbsp nbsp nbsp nbsp nbsp nbsp nbsp nbsp nbsp nbsp div divnbsp nbsp nbsp nbsp nbsp nbsp nbsp nbsp nbsp nbsp nbsp nbsp nbsp div divThomas Koerner Chairnbsp nbsp nbsp nbsp nbsp nbsp nbsp nbsp nbsp nbsp nbsp nbsp nbsp nbsp nbsp nbsp nbsp nbsp nbsp nbsp nbsp nbsp nbsp nbsp nbsp nbsp nbsp nbsp nbsp nbsp nbsp nbsp nbsp nbsp nbsp Gwen Websterdiv divnbsp div divnbsp nbsp nbsp nbsp nbsp div divSteve Waltiennbsp nbsp nbsp nbsp nbsp nbsp nbsp nbsp nbsp nbsp nbsp nbsp nbsp nbsp nbsp nbsp nbsp nbsp nbsp nbsp nbsp nbsp nbsp nbsp nbsp nbsp nbsp nbsp nbsp nbsp nbsp nbsp nbsp nbsp nbsp nbsp nbsp nbsp nbsp nbsp nbsp nbsp nbsp nbsp nbsp nbsp nbsp nbsp nbsp nbsp Boris Funtowdiv divinbsp idiv
January 2006 February 2006 Zoning Board of Adjustment Minutes March 2006 Zoning Board of Adjustment Minutes April 2006 Zoning Board of Adjustment Minutes May 2006 Zoning Board of Adjustment Minutes June 2006 Zoning Board of Adjustment Minutes July 2006 Zoning Board of Adjustment Minutes August 2006 Zoning Board of Adjustment Minutes September 2006 Zoning Board of Adjustment Minutes October 2006 Zoning Board of Adjustment Minutes November 2006 Zoning Board of Adjustment Minutes December 2006 Zoning Board of Adjustment Minutes |
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