MEMBERS PRESENT:       Gwen Webster, Acting Chairperson; Steve Waltien, John Holt. (Tom Koerner and Boris Funtow were absent.)

ADMINISTRATOR:            Susie Leonard, Interim Zoning Coordinator.

OTHERS PRESENT:            Bernie Gagnon, Chris Galipeau, Edwin Scatchard, Mary (DeeDee) O’Brien, Paul Goodrich, Denise Myers Demers, Margery Sharp (Shelburne News), and others.

 

[NOTE: Other Business and Deliberation/Decision were held prior to the CU06-20 application by Steven Palmer and Anna Rosenblum-Palmer. The minutes reflect the published order of the agenda.]

 

In the absence of Chairman Tom Koerner, Gwen Webster called the meeting to order at 7:00 p.m. Introductions were made and the hearing process was reviewed. The definition of “interested party” was noted. It was explained that with three members of the five member board present, a unanimous vote is necessary for approval of an application.

CU05-24R1: Continuation of Conditional Use application by Catamount/HSI/Shelburne, LLC (owner) and Larry Williams, Redstone Commercial Group (applicant), to modify an existing conditional use permit for the “Shelburne Inn project”

The application by Catamount/HSI/Shelburne, LLC was continued.

 

CU06-14: Continuation of Conditional Use application by Chad Hansen and Joyce Wong to modify an existing non-complying structure (house) by rebuilding the one-story structure located at 715 Bay Road

The application by Chad Hansen and Joyce Wong was continued.

 

CU06-16: Conditional Use application by Town of Shelburne (owner and applicant) and Frederick P. Tiballi (owner and agent) to replace an existing non-complying salt/sand storage shed at 154 Turtle Lane in the Commerce and Industry (Article X) and Floodplain and Watercourse Overlay (Article XIV) Districts

Bernie Gagnon, Shelburne Public Works Director, and Paul Goodrich, Shelburne Highway Superintendent, appeared on behalf of the application.

 

STAFF REPORT

Ms. Webster noted that the application received by the Board in its packets is incomplete (the Town did not provide any information other than a letter from the Town Attorney, Steve Stitzel). The Board had not received enough information to fully consider the application.

 

APPLICANT COMMENTS

Mr. Gagnon introduced Chris Galipeau, the Town’s engineer for the project, and explained the site design for replacement of an existing small salt shed.  There is an outdoor sand pile behind the shed currently. The primary objective is to consolidate the salt and sand under cover to prevent runoff into McCabe’s Brook. The new building will also improve the aesthetics of the area. A boundary adjustment is proposed to add five acres transferred from the Tiballi property to the five acre Town property. The existing sand pile is on Fred Tiballi’s property. The need to meet setbacks was raised in the Town Attorney’s letter. There is an existing 50’ right-of-way on the east side of the property for the Waldorf School which cannot be moved.  Conditional Use approval for the salt/sand shed and a reduction in the setback are requested. The Town Attorney pointed out a clause in state statues saying the Zoning Board can waive setback requirements if it is a municipal proposal that benefits a public good. The location of the shed has been shifted away from the easement. The location of the existing easement was shown on the site plan.

 

Mr. Waltien questioned if a variance is required versus a conditional use. Mr. Gagnon stated as outlined in the Town Attorney’s letter a variance is not needed. Mr. Galipeau reiterated that the letter from the Town Attorney received on 4/28/06 pointed out the Zoning Board can waive setbacks as long as the building is deemed necessary. The existing shed will be removed.

 

Ms. Webster suggested the two lots could be merged and the building located to meet the setbacks. Mr. Galipeau agreed the building could be moved forward, but still will not meet the 100’ setback from the stream (although it would be close). Mr. Gagnon noted there is limitation on how far forward the shed can be moved due to school traffic.

 

Ms. Leonard noted the Natural Resources Committee supports the application.

 

There was discussion of use of Fred Tiballi’s land by the town for storing sand and salt, the five acre parcel to be conveyed to the Town by Mr. Tiballi, the need to change zoning bylaws in order to merge the two parcels, and the potential of impacting the setbacks of the town wastewater building. Mr. Gagnon stated a change may impact the wastewater treatment facility setbacks. Mr. Gagnon asked the Board to consider approval of the application with conditions. Cost and timing of the project are concerns.

 

PUBLIC COMMENT

Mr. Waltien read a letter submitted by Dick Reid, dated 5/01/06, expressing concerns related to the proposed VELCO line route near the proposed salt shed and salt/sand runoff into McCabe’s Brook. Mr. Waltien asked how the transmission line route will impact the application.  Mr. Gagnon showed the location of the proposed VELCO transmission line route near the Rescue Building. Mr. Galipeau pointed out Mr. Tiballi will need to go through Planning Commission review for permits to divide the lot for donation to the town, however, Act 250 review is not needed. The sand pile does not trigger state permitting.

 

Ms. Webster commented merging the five acre lot from Tiballi with the five acre town lot needs further discussion. A copy of the site plan submitted by the applicant will be made for the town record.

 

DELIBERATION/DECISION

The Zoning Board of Adjustment will deliberate the application in Deliberative Session at the end of the regular meeting. Decisions and/or findings of the Board will be on file in the Planning Office.

 

CU06-17: Conditional Use application by Dennis Sander and Mary O’Brien to modify an existing non-complying structure per §1620.2 on property at 441 Ordway Shore Road in the Rural 1 (Article III) and Lakeshore Overlay (Article XIII) Districts

Mary (DeeDee) O’Brien, owner, appeared on behalf of the application.

 

STAFF REPORT

Ms. Webster read a written staff report on the application, dated 5/1/06, noting staff researched Town records and it is clear the lakeside is the “backyard”.

 

APPLICANT COMMENTS

Ms. O’Brien stated the conditional use request is to add an outdoor staircase onto the south side of the garage.

 

PUBLIC COMMENT

None.

 

MOTION by Mr. Holt, seconded by Mr. Waltien, to approve CU06-17, conditional use application by Dennis Sander and Mary O‘Brien to modify an existing non-complying structure at 441 Ordway Shore Road in the Rural 1 (Article III) and Lakeshore Overlay (Article XIII) Districts as outlined in the Staff Report, dated 5/1/06. VOTE: unanimous (3-0); motion carried.

 

CU06-18: Conditional Use application by Catamount/Shelburne, LLC (owners) and Denise Myers Demers (applicant) to add an ice cream shop in currently unused space on property at 4066-4076 Shelburne Road (Shelburne Commons shopping center) in the Residential-Commercial (Article IX) District

Denise Myers Demers, applicant, appeared on behalf of the application.

 

STAFF REPORT

The Zoning Board received a written staff report on the application, dated 5/1/06.

 

APPLICANT COMMENTS

The proposal for an eight-seat ice cream shop in space next to Z Pizza was explained. Z Pizza leases 3,030 square feet of space, and a 750-square foot portion of the space will be used for the complementary ice cream business. A three-foot wall will divide storage space from the ice cream dipping station. There will be no drive up service (reserved for Z Pizza only). A door connects the two spaces. Z Pizza has 33 parking spaces, which is more than enough to provide four parking spaces for the ice cream shop.

 

PUBLIC COMMENT

None.

 

MOTION by Mr. Waltien, seconded by Mr. Holt, to approve CU06-18, conditional use application by Catamount/Shelburne, LLC (owners) and Denise Myers Demers (applicant) to add an ice cream shop in currently unused space in the building formerly know as “Jelly Mill Common” located at 4066-4076 Shelburne Road in the Residential-Commercial (Article VIII) District as set forth in the Staff Report, dated 5/1/06. VOTE: unanimous (3-0); motion carried.

 

CU06-19: Conditional Use application by Edwin Scatchard (owner and applicant) to construct an accessory apartment (per §920.19) on property at 152 Hillside Terrace in the Village (Article I) District

Edwin Scatchard, owner, appeared on behalf of the application.

 

STAFF REPORT

The Zoning Board received a written staff report on the application, dated 5/1/06.

 

APPLICANT COMMENTS

Mr. Scatchard explained the improvements that will change the existing roofline, improve insulation, and add a 24’ x 24’ addition for an accessory apartment behind an existing garage. Mark Cross is the builder. Plans are still being finalized. There may be changes in the roofline. The lot plan is accurate as submitted.  Ms. Webster clarified that the applicant must build the accessory apartment within the footprint as shown. Mr. Scatchard submitted colored photographs of the existing house, pointing out the roof will not increase in height. The apartment space will be less than 600 s.f. The applicant will discuss the design further with the builder/architect.

 

Mr. Waltien asked the applicant to provide more complete details at the next meeting of the Zoning Board.

 

PUBLIC COMMENT

None.

 

DELIBERATION/DECISION

MOTION by Mr. Waltien, seconded by Mr. Holt, to continue CU06-19, conditional use application by Edwin Scatchard for an accessory apartment at 152 Hillside Terrace to June 5, 2006. VOTE: unanimous (3-0); motion carried.

 

CU06-20: Conditional Use application by Steven Palmer and Anna Rosenblum-Palmer (owners) and Michael Minadeo (agent) to modify/rebuild an existing non-comply structure (house) on property at 336 Pine Haven Shores Lane in the Residential 1 (Article V) and Lakeshore Overlay (Article XIII) Districts

Michael Minadeo, agent, appeared on behalf of the application.

 

STAFF REPORT

Ms. Webster read a written staff report on the application, dated 5/1/06, noting the volume calculation is needed in Tabular Data #4, Conditional Use. The staff report should be amended to include that information.

 

APPLICANT COMMENTS

Mr. Minadeo explained the existing house is a one-story structure built into a slope so there is also a lower level. The proposal will demolish the existing house and replace it with a two-story structure. The new structure will include a 24’ x 24’ second floor master bedroom, main floor living space, and lower level bedrooms. The building is not proposed to be any closer to the lake. The proposed patio will be flush to existing grade. A three foot high retaining wall on the east side will be flush with the existing grade. No trees will be removed. The existing garage is across the road from the house.

 

Ms. Webster asked if the 102’high water mark is shown on the drawings. Mr. Minadeo explained the mark could not be determined from examination of Town records. The proposed new structure will stay within the existing footprint.

 

Mr. Waltien asked if lot coverage is increasing by 30 percent. Ms. Leonard provided axonometric drawings of the existing and proposed building volumes and color photos of the existing house, all of which had been submitted with the application. Mr. Minadeo said the foundation of the lower level will remain intact. The proposed height of the house is 32’ to the chimney top.

 

PUBLIC COMMENT

None.

 

DELIBERATION/DECISION

MOTION by Mr. Waltien, seconded by Mr. Holt, to approve CU06-20, conditional use application by Steven Palmer and Anna Rosenblum-Palmer (owners) and Michael Minadeo (agent) to modify an existing non-complying structure (house) by rebuilding at 336 Pine Haven Shores Lane subject to conditions as set forth in the Staff Report, dated 5/1/06. VOTE: unanimous (3-0); motion carried.

 

The Board signed the minutes of the 4/3/06 meeting and Findings of Fact documents.

 

MOTION by Mr. Waltien, seconded by Mr. Holt, to close the public hearing portion of the meeting and enter Deliberative Session for the purpose of discussing CU06-16, conditional use application by the Town of Shelburne for a salt shed. VOTE: unanimous (3-0); motion carried.

 

The Board entered Deliberative Session at 8:05 p.m. and adjourned Deliberative Session at 8:09 p.m.

 

Review of the Conditional Use application by the Town of Shelburne for a salt shed continued to June 5, 2006.

 

The regular meeting was adjourned at 8:09 p.m. It was subsequently restarted for review of the last proposal and final adjournment was at approximately 9:00pm.