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Zoning Board of Adjustment - June 2006
ZONING BOARD OF ADJUSTMENT MINUTES OF MEETING JUNE 5, 2006 MEMBERS PRESENT: Tom Koerner, Chairperson; Gwen Webster, Steve Waltien, John Holt, Boris Funtow. ADMINISTRATOR: Susie Leonard, Interim Zoning Coordinator. OTHERS PRESENT: Tom Tompkins, Sara Tompkins, John Wakefield, Douglas Seyler, Fernando and Tracy Cresta, Barry Driscoll, Jeffrey Kershner, Steve Vock, Paul Bohne, Dick Reid, Ed Scatchard, Wayne Walker, Tom Edwards, Philip Piasecki, Christopher Preston (Shelburne News). 1. CALL TO ORDER The meeting was called to order at 7:04 p.m. Introductions were made. Tom Koerner explained that Zoning Board members are appointed by the Selectboard and are volunteers. The Zoning Board interprets the zoning ordinance; the Board does not create or enforce the ordinance. The hearing process and establishment of “Interested Party” status was reviewed. Gwen Webster noted she will recuse herself from discussion/deliberation of the Catamountl/HSI/Shelbunre, LLC hearing. As a result four Board members will remain and a tie vote (2:2) will result in denial of the application. The Board may go into Deliberative Session at the end of the public hearing portion of the meeting. Tom Koerner noted he was absent from the last Zoning Board meeting and turned the chair over to Gwen Webster for the applications under “Old Business”. 2. OLD BUSINESS CU05-24R1: Continuation of the 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” Gwen Webster recused herself from the Zoning Board for this proposal. Steve Waltien assumed the duties of Chairperson to hear the application. Mr. Waltien disclosed that his firm has done business with the Redstone Commercial Group, but felt there was not a conflict of interest. John Wakefield, Catamount/HSI/Shelburne, LLC representative, appeared on behalf of the application. STAFF REPORT Mr. Waltien reviewed the written staff report on the application, dated March 31, 2006 with a brief update from June 2, 2006. APPLICANT COMMENTS John Wakefield explained proposed changes to the existing motel structure include its demolition and rebuilding on a similar footprint of 36’ (rather than 32’) x 40’ with a height of 34’ versus the existing height of 29’. Comments have been received from the Planning Commission regarding the matter. Mr. Waltien pointed out the Board can only act on the application which is for Conditional Use approval, not a Variance. Mr. Waltien read the notes from the Planning Commission and asked for clarification on how the plans have been changed. Mr. Wakefield stated the plans have not changed since the Zoning Board last saw them. Mr. Funtow commented that a definition of “renovation and rehabilitation” is needed. The letter from the Town Attorney states that the proposal is not rehabilitation/renovation. There was further discussion of the Conditional Use application before the Board. It was noted the applicant has the option to withdraw the application. It was also noted the Zoning Board must take action on the application or else the application receives automatic approval 45 days after the public hearing is closed. Susie Leonard mentioned that the applicant’s attorney, Liam Murphy, is drafting language to amend the zoning ordinance and has had conversations with Dean Pierce, Shelburne Town Planner. The applicant is on the agenda for the 6/8/06 Planning Commission meeting. PUBLIC COMMENT None. DELIBERATON/DECISION CU05-24R1: Continuation of the 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” MOTION by Mr. Holt, seconded by Mr. Koerner, to approve CU05-24R1, application by Catamount/HSI/Shelburne, LLC (owner) and Larry Williams, Redstone Commercial Group (applicant), represented by John Wakefeld, to modify an existing conditional use permit for the “Shelburne Inn project” as presented. VOTE: 4 nays (Waltien, Holt, Funtow, Koerner); motion did not carry. Ms. Webster rejoined the Zoning Board and assumed the duties of Chairperson. CU06-14: Continuation of the Conditional Use application by Chad D. Hansen and Joyce Wong (owners and applicants) to modify an existing non-complying structure (house) by rebuilding the one-story structure (§1620.2.2) on property at 715 Bay Road located in the Residential 1 (Article V), the Lakeshore Overlay District (Article XIII) and the Floodplain and Watercourse Overlay (Article XIV) District Barry Driscoll, agent, appeared on behalf of the application. STAFF REPORT Ms. Webster reviewed the written staff report, dated 04/03/2006 with a brief update from June 2, 2006. APPLICANT COMMENTS Mr. Driscoll stated a packet was submitted to the Zoning Board for review. Mr. Funtow asked for clarification regarding abandonment and lot merger issues. Mr. Driscoll explained Mr. Hanson was not able to find information on repairs or maintenance of the structures. The applicant is willing to stipulate that the structure was abandoned and cannot be reoccupied without approval from the Zoning Board. The applicant believes that the regulations provide an option for the property owner to appear before the Zoning Board with a re-occupation plan to make the house habitable again. Mr. Waltien reviewed two criteria on abandonment: 1) that the property was not actively maintained; 2) the house had not been occupied for two years. Mr. Driscoll said the structure is abandoned which only precludes it from being occupied. If the house had been destroyed by fire then it could be rebuilt without guidance from the Town. What is proposed are improvements to the existing structure to make the house habitable. It is an issue of safety. There was further discussion of “abandonment”, concerns that abandonment is a gray area versus loss of use (the ordinance says the structure cannot be re-occupied), the request by the applicant to make the structure habitable, the condition of the existing dwelling, and proposed changes to contours that might impact the 102’ high water mark. The North American Vertical Data (NAVD) 102’ mark as defined by a FEMA flood map was explained. Ms. Webster recalled proposed changes to the contours of the parcel that would impact the current 102’ mark (bring the 102’ mark closer to the building which makes the existing building more non-complying). Mr. Driscoll confirmed the contours of the driveway will change. The structure is presently non-complying. Jeffrey Kershner asked if the concern is to make sure the building does not impinge more on flood volume. Up to the 102’ mark there is a certain encroachment. The proposed foundation under the new structure, which will allow will water to flow in and out, will impinge less. Mr. Koerner stated loss of property rights is the issue. There is another camp in the same proximity to the seawall and water. There is concern that the property owner will lose use if the abandonment definition is not clear. The statutes indicate a person cannot be denied reasonable use of their property. It was noted that different parts of the town should not be treated differently. Susie Leonard pointed out the state does allow zoning for certain characteristics (e.g. lakeshore) under Title 24, Section 4411. There was a question about merging lots when they abut and/or when the lots are bisected by a roadway. The applicant is interested in keeping the adjacent open lot unimproved to preserve the view of the lake. PUBLIC COMMENT None. DELIBERATION/DECISION CU06-14: Continuation of Conditional Use application by Chad D. Hansen and Joyce Wong (owners and applicants) to modify an existing non-complying structure (house) by rebuilding the one-story structure (§1620.2.2) on property at 715 Bay Road located in the Residential 1 (Article V), the Lakeshore Overlay District (Article XIII) and the Floodplain and Watercourse Overlay (Article XIV) District The Board will deliberate the application at the end of the regular meeting (in Deliberative Session). Any decisions and/or findings of the Board will be on file in the Planning Office. The applicant can contact the Zoning Administrator. CU06-16: Conditional Use application by the 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 Steve Vock, Civil Engineers Inc., and Paul Bohne, Town Manager, appeared on behalf of the application. STAFF REPORT Ms. Webster reviewed the written staff report, dated 05/01/2006 with a minor update from June 2, 2006. APPLICANT COMMENTS Mr. Vock explained the request for a Conditional Use permit for a sand/salt shed. The Planning Commission approved the Sketch Plan. The town lot boundaries are being adjusted between the Tiballi-Sterns property and town property. There may be a merger of the town lots at a later time. The site has limited locations where a sand/salt shed can be located. The existing salt shed is on the treatment plant side and has an uncovered pile of salted sand next to it. The new sand/salt shed will be covered which will reduce storm water runoff impacts to the watershed. The proposed shed will have a concrete foundation with wooden sides and trusses. The proposed structure will look more like a barn and will be a visual enhancement. Mr. Vock observed that covering exposed sand and salt piles is economically and environmentally good to do. A shed protects the product and environment from adverse storm water impacts. Mr. Funtow asked about the distance from the brook. Mr. Vock stated the distance is 64’ from the center line of the brook. The shed is in the 100’ Floodplain and Watercourse Overlay district. The shed location cannot be moved because it will encroach into the school easement. Ms. Webster asked about merging the lots so the shed could be located farther south of the brook. Mr. Vock explained there would be encroachment on the operations of the treatment plant. The EPA had requested all salt/sand piles be covered, but rescinded that order due to the expense. The salt pile is currently 35’ from the brook. Moving the pile back 65’ from the brook and covering it substantially reduces risk. The proposed salt shed design is based on VTrans’ shed design and will fit in well with the location. The old shed will be removed. Mr. Koerner asked about setbacks. Ms. Leonard noted that the Town Attorney advised that if there are no other options and the purpose is for a public use then the Zoning Board can allow the proposed use. She noted a municipal use in this zoning district requires a conditional use permit. There was further discussion of merging the lots. The town may seek to merge the lot at a later date. Mr. Vock noted that under current regulations, minor and final plan review would be required to merge the lots. Mr. Funtow asked for the analysis determining the location of the shed as the only viable site. Mr. Vock stated the information has not been put together for presentation. Different arrangements have been explored, but the chosen location provides capacity, circulation, loading zones, and such. There is a school easement (travel way) in the middle of the municipal area. Mr. Funtow said justification of the operation should be submitted to provide information to substantiate the application. PUBLIC COMMENT Dick Reid, resident, asked if the Zoning Board was ruling on encroachment into the 100’ brook setback. The proposal is before the Planning Commission for final site plan review, noted Mr. Reid. Ms. Webster stated the Board is not ruling on the setback issue. Setbacks do not apply in this case according to state statute. The Board is ruling on the conditional use request. Mr. Reid asked if the Zoning Board is ruling on the footprint of the building in a federally mapped flood plan. Mr. Reid asked if the lot is a 10-acre parcel. Mr. Vock stated the current parcel is 5.1 acres. Mr. Reid noted the State Agency of Natural Resources (ANR) and the Army Corps. of Engineers have a say on wetland buffers and flood plain overlays. Ms. Webster pointed out the Natural Resources Committee is on the record as in favor of the proposal. Mr. Holt asked if there are any other locations on town-owned land where the shed could be built. The law indicates a compelling need must be shown. Mr. Vock observed it would be unorganized and inefficient to have Town operations dispersed across town-owned parcels. Mr. Bohne said the town owns land throughout Shelburne, such as the LaPlatte River Nature Park, and is fortunate to have the Sterns-Tiballi land. Mr. Koerner asked if it is possible to eliminate the use of salt. Mr. Bohne replied new materials for winter maintenance are being researched, but space is still needed to store and mix the materials. The Town has approximately three years worth of sand. The pile will be moved off site while the shed is built. DELIBERATION/DECISION CU06-16: Conditional Use application by the 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 MOTION by Mr. Waltien, seconded by Mr. Funtow, to approve CU06-16, Conditional Use application by the 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 Land in the Commerce and Industry (Article X) and Floodplain and Watercourse Overlay (Article XIV) Districts, subject to conditional approval that pertains to the proposal as shown on Proposed Conditions Site Plan Sheet C-I, revised 05/04/2006 by Civil Engineering, and date stamped 06/02/2006, and to the accompanying sheets titled “Details (C-2)”, “Site Specifications (C-3 and 4) and Erosion Control Details (C-5)”, all dated March 2006 and date stamped 04/28/2006, amended to show a study done to support the site location and on file in the Town records. VOTE: 4 ayes, 1 nay (Mr. Funtow); motion carried. CU06-19: Continuation of the Conditional Use application by Edwin Scatchard (owner and applicant) to construct an accessory apartment (§920.19) 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 05/01/2006. APPLICANT COMMENTS Mr. Scatchard explained changes to proposed elevations as shown on the revised floor plan. The tower was eliminated. The proposed multi-use one-bedroom apartment will include a bath and kitchen. Mid-July is targeted as the construction start time. PUBLIC COMMENT None. DELIBERATION/DECISION CU06-19: Continuation of the Conditional Use application by Edwin Scatchard (owner and applicant) to construct an accessory apartment (§920.19) at 152 Hillside Terrace in the Village (Article I) District MOTION by Mr. Koerner, seconded by Mr. Holt, to approve CU06-19, granting Conditional Use approval to Edwin Scatchard (owner and applicant) for construction of an accessory apartment (§920.19) at 152 Hillside Terrace in the Village (Article I) District subject to conditions outlined in the Staff Report, dated 04/01/2006, and per the new floor plan received 6/2/06. VOTE: unanimous (5-0); motion carried. Mr. Koerner resumed the duties of Chairperson. 3. NEW BUSINESS CU03-18R1: Conditional Use application by Glen W. Johnson (owner) and Wayne Walker and Laurie Kotorman (agents) to renovate an existing non-complying structure (boathouse/storage building) into another use (sauna) at 22 Silver Fox Cove Road in the Rural 1 (Article III) and Lakeshore (Article XIII) and Floodplain and Watercourse Overlay (Article XIV) Districts Wayne Walker, agent, appeared on behalf of the application. STAFF REPORT The Zoning Board received a written staff report on the application, dated 06/05/2006. Mr. Koerner noted the existing structure is non-complying. APPLICANT COMMENTS Mr. Walker gave a brief history of the existing 12’ x 15’ dock storage building that was used to store life preservers and other boating equipment. The proposal is to change the building into a sauna use. The existing stairs and wooden door will be retained. Two of the existing windows will be made into one larger window, and another window will be replaced with a smaller window. The roof line will be extended on the east face of the building. Wood will be stored under the overhang. The interior will have a barrel-shaped ceiling. There will be no sky lights. No trees will be cut. A sound system with less than five dB level will be installed. Shelving in the existing garage will be built to relocate the boating equipment. PUBLIC COMMENT None. DELIBERATION/DECISION CU03-18R1: Conditional Use application by Glen W. Johnson (owner) and Wayne Walker and Laurie Kotorman (agents) to renovate an existing non-complying structure (boathouse/storage building) into another use (sauna) at 22 Silver Fox Cove Road in the Rural 1 (Article III) and Lakeshore (Article XIII) and Floodplain and Watercourse Overlay (Article XIV) Districts MOTION by Mr. Waltien, seconded by Ms. Webster, to approve CU03-18R1 and grant the Conditional Use request to Glen W. Johnson (owner) and Wayne Walker and Laurie Kotoman (agents) for renovation of an existing non-complying structure (boathouse/storage building) into another use (sauna) at 22 Silver Fox Cove Road in the Rural 1 (Article III) and Lakeshore (Article XIII) and Floodplain and Watercourse Overlay (Article XIV) Districts subject to conditions as set forth in the Staff Report, dated 06/05/2006, and as follows:
VOTE: unanimous (5-0); motion carried. V06-21: Variance application by Fernando and Tracy Cresta (owner/applicants) to construct a swimming pool and associated decking within 100 feet of Monroe Brook at 108 Deer Run Drive in the Residential 2 (Article VI) and Floodplain and Watercourse Overlay (Article XIV) Districts Fernando Cresta and Tracy Cresta, owners, appeared on behalf of the application. STAFF REPORT The Zoning Board received a written staff report on the application, dated 06/05/2006. Mr. Funtow announced he lives in the same development and knows the applicants. The Board felt there was not a conflict of interest. Ms. Leonard provided copies of the Cresta’s site plan for review. APPLICANT COMMENTS Mr. Cresta pointed out the 50’ and 100’ marks from the brook, reviewed the landscape plan, and requested a 25’ variance for a swimming pool. There was discussion of the location of the brook in relation to the Cresta’s property line (Ms. Leonard provided the site plan for Lot 13), side yard setbacks of 35’ (Ms. Leonard noted setbacks are 35’ per the approved development plan), discrepancies on the site plans, the size of the proposed pool (16’x 28’), and whether the pool can encroach on the 100’ mark the same distance as the existing deck. The Zoning Board discussed the following:
Ms. Cresta noted a pool was installed in a nearby development without a permit. The pool is 15’ from a boundary line. PUBLIC COMMENT None. DELIBERATION/DECISION V06-21: Variance application by Fernando and Tracy Cresta (owner/applicants) to construct a swimming pool and associated decking within 100 feet of Monroe Brook at 108 Deer Run Drive in the Residential 2 (Article VI) and Floodplain and Watercourse Overlay (Article XIV) Districts The Board will deliberate the application at the end of the regular meeting (in Deliberative Session). Any decisions and/or findings of the Board will be on file in the Planning Office. The applicant can contact the Zoning Administrator. CU06-22: Conditional Use application by Philip Piasecki (owner) to modify an existing non-complying structure (Jocardo’s Market) by adding a creemee window and deck and converting an associated interior work space from office use at 935 Falls Road in the Village (Article IX) and Village Design Review Overlay (Article XV) Districts Philip Piasecki, owner, appeared on behalf of the application. Mr. Koerner recused himself. Ms. Webster assumed the duties of Chairperson. STAFF REPORT The Zoning Board received a written staff report on the application, dated 06/05/2006. It was noted that Site Plan review by the Planning Commission would be required because of the intensification of the use. APPLICANT COMMENTS Mr. Piasecki provided a site plan and elevations, and reviewed the proposal to improve the community store. The proposed creemee area is part of existing office space. Adding a window for creemee sales will free up space in the store. Parking will be provided in the rear of the building to free up parking spaces in the front. The front parking spaces will be reconfigured to lessen impacts on neighbors. PUBLIC COMMENTS Mr. Koerner stated 14 parking spaces are located in the back of the building, and expressed confidence the area can support that number. Mr. Koerner was not certain if some of the parking out in front of the store encroached into the roadway. DELIBERATION/DECISION CU06-22: Conditional Use application by Philip Piasecki (owner) to modify an existing non-complying structure (Jocardo’s Market) by adding a creemee window and deck and converting an associated interior work space from office use at 935 Falls Road in the Village (Article IX) and Village Design Review Overlay (Article XV) Districts MOTION by Mr. Funtow, seconded by Mr. Waltien, to approve CU06-22 and grant Conditional Use approval to Philip Piasecki (owner) for modification of an existing non-complying structure (Jocardo’s Market) to add a creemee window and deck and convert associated interior work space from office use at 935 Falls Road in the Village (Article IX) and Village Design Review Overlay (Article XV) Districts with conditions as set forth in Staff Report, dated 06-05/2006, and as follows:
VOTE: unanimous (4-0); motion carried. Mr. Koerner rejoined the Zoning Board as reassumed the duties of Chairperson. CU06-23: Conditional Use application by Tom and Dawn Edwards Revocable Trust (owners) and Harvest Equipment (applicant) to utilize a vacant property (previously a dry cleaner) for sales and storage of lawn and garden maintenance equipment at 2383 Shelburne Road in the Residential Commercial (Article VIII) District Douglas Seyler, agent, and Tom Edwards, owner, appeared on behalf of the application. STAFF REPORT The Zoning Board received a written staff report on the application, dated 06/05/2006. APPLICANT COMMENTS Mr. Seyler reviewed the following:
Ms. Webster mentioned there can not be outside display of products per Shelburne’s regulations. Mr. Edwards clarified that this type of business is permitted to have outside display per the ordinance. Ms. Leonard read the section of the ordinance stating lawn and garden equipment can be displayed outside. Mr. Edwards noted the proposed business fits the space. South Burlington approved the proposal. Mr. Koerner expressed concern that the display of equipment outside could be “advertising”. Mr. Waltien pointed out again that outside displays are allowed for the type of business being proposed. PUBLIC COMMENT None. DELIBERATION/DECISION CU06-23: Conditional Use application by Tom and Dawn Edwards Revocable Trust (owners) and Harvest Equipment (applicant) to utilize a vacant property (previously a dry cleaner) for sales and storage of lawn and garden maintenance equipment at 2383 Shelburne Road in the Residential Commercial (Article VIII) District MOTION by Mr. Waltien, seconded by Ms. Webster, to approve CU06-23, granting Conditional Use approval to Tom and Dawn Edwards Revocable Trust (owners) and Harvest Equipment (applicant) for the utilization of a vacant property (previously a dry cleaner) for sales and storage of lawn and garden maintenance equipment at 2383 Shelburne Road in the Residential Commercial (Article VIII) District with conditions as set forth in a Staff Report, dated 06/05/2006, and as follows:
VOTE: unanimous (5-0); motion carried. CU06-24: Conditional Use application by Sledrunner Properties Withdrawn. 4. OTHER BUSINESS Minutes and Findings of Fact Document(s) The Board signed the minutes from the 5/1/06 meeting of the Zoning Board and related Findings of Fact document(s). 5. DELIBERATIVE SESSION MOTION by Mr. Waltien, seconded by Mr. Holt, to adjourn the regular meeting and convene Deliberative Session for the purpose of discussing the proposed Shelburne Point development and other applications before the Board. VOTE: unanimous (5-0); motion carried. The Board entered Deliberative Session at 9:36 p.m. Minutes respectfully submitted by Kathlyn Furr, Recording Secretary.
January 2006February 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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