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

ADMINISTRATOR:  Susie Leonard, Interim Zoning Coordinator.

OTHERS PRESENT:             Gordon Watson, Marcel Beaudin, Kevin Clayton, Patrick Grangien, Martin Lowenthal, Karen Edwards, David Winters, Denise Myers Demers, Larry Williams, Marge Sharp (Shelburne News).

Chairman Koerner called the meeting to order at 7:04 p.m. and explained with only four members of the five member board present, a tie vote on an application will result in a denial. Also, the Board may go into Deliberative Session at the end of the public portion of the meeting.

 

None.

 

3.         NEW BUSINESS

CU06-25: Conditional Use application by Martin Lowenthal and Karen Edwards (owners) and Gordon Watson (agent) to modify an existing noncomplying structure (house) per Section 1620.2 at 624 Bay Road in the Residential 1 (Article V) and Lakeshore (Article XIII) and Floodplain and Watercourse Overlay (Article XIV) districts.

Gordon Watson, Martin Lowenthal, and Karen Edwards appeared on behalf of the application.

 

APPLICANT COMMENTS

Gordon Watson showed a picture of the existing building and reviewed the proposed changes. The volume of the building is being increased by 5% which is well within the allowance of 50%. The changes improve the aesthetics of the building, making it appear more like a year-round dwelling rather than a camp.  The calculations for the existing building and proposed improvements have been submitted.

 

STAFF REPORT

The Zoning Board received a written staff report on the application, dated 7/10/06.  Chairman Koerner observed additions to the building can be done up to the 50% threshold. Susie Leonard pointed out maximum building height in the zone is 35’ from the average grade.  The existing structure is 15,080 cubic feet. With the proposed changes the building is 15,834 cubic feet.

 

PUBLIC COMMENT

None.

 

DELIBERATION/DECISION

MOTION by John Holt, SECOND by Steve Waltien, to approve CU06-25, conditional use application to modify an existing noncomplying structure (house) at 624 Bay Road in the Residential 1 and Lakeshore and Floodplain and Watercourse Overlay districts based on the information submitted by the applicant and their agent in conjunction with the conditional use application and with the following condition:

1.         Site improvements shall comply with the site plan date stamped June 1, 2006 and titled “Proposed Conditions Site Plan”, Sheet C-1 by Civil Engineering Associates, Inc., and plans titled “Lowenthal/Edwards Residence, North Elevation”, “East Elevation”, and “First Floor Plan” by Elabd Architectural Illustration submitted with the conditional use application date stamped June 1, 2006.

VOTING:  unanimous (4-0); motion carried.

 

A06-26: Appeal by Kevin G. Clayton and Clayton Investments (owners) of the Zoning Coordinator’s denial of a sign permit in order to receive consideration under Section 1680.12B for a sign at 5288 Shelburne Road in the Village District (Article IX) and Village Core Overlay (Article IX) and Village Design Review Overlay (Article XV) districts.

Kevin Clayton appeared on behalf of the application.

 

APPLICANT COMMENTS

Kevin Clayton showed photographs from 1961 of signs on the pole in front of the building at 5288 Shelburne Road. The pole and signs have been in place since the 1950s. The state’s right-of-way encroaches on the building. Parking in front of the building was taken away when the curb was installed. The Shelburne Historic Preservation and Review Commission (SHPRC)has reviewed the proposal and agrees the proposed signs fit the site well.  The signs will not obstruct the sidewalk or the shrubbery. Mr. Clayton stated his business needs exposure from Route 7 in order to be successful.  The bottom sign is the same square footage as the previous sign which fell down. There is the option for an awning with writing, but a nice sign is preferred, stated Mr. Clayton.

 

Boris Funtow noted his interpretation of the sign regulation indicates the sign by Mr. Clayton’s establishment is a “projection sign”. Per the regulations if a free standing sign is not possible due to the setback, then a projection sign is allowed. The regulations pertaining to a projection sign must be met. Having two signs the same size may not meet the regulations for a projection sign. Mr. Clayton offered that the two signs could be combined into one large sign to meet the regulations.

 

There was discussion of the proposed height of the sign which is hanging over a hedge, not a walkway.  Mr. Clayton stated the Design Review Committee felt having the sign at a lower height was not desirable.  Steve Waltien observed the situation is unique relative to the pre-existing pole and sign and setback from the roadway. Mr. Funtow noted alteration of a nonconforming sign is not in keeping with the philosophy of the regulations which strives to bring all signs into conformance.  The applicant showed examples of signs meeting the regulations that had been submitted to the SHPRC (individual signs, separate posts, lower signs, signs on the façade) but not approved by the committee.

 

STAFF REPORT

The Zoning Board received a written staff report on the application, dated 7/10/06.

 

PUBLIC COMMENT

None.

 

DELIBERATION/DECISION

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 Coordinator.

 

V/A06-27: Appeal (of the Zoning Coordinator’s denial of a sign permit) and Variance application by Denise Myers Demers (business owner) d/b/a ZScoops for two façade signs where one such sign is allowed at Shelburne Commons, 4066 Shelburne Road, in the Residential-Commercial district (Article VIII).

Denise Myers Demers appeared on behalf of the application.

 

APPLICANT COMMENTS

Ms. Myers Demers stated ZPizza and ZScoops are two separate businesses. ZPizza has an aesthetically pleasing façade sign, and the same is wanted for ZScoops.  ZScoops shares a door with ZPizza to access the bathroom. Ms. Myers Demers said she rents 750 s.f. of space from ZPizza for ZScoops.  To have a separate sign conforming to the zoning bylaws(which limit façade signs to units without direct access to each other), ZScoops would have to close the door between the two businesses and install a bathroom. The space occupied by ZPizza was previously used by Ben & Jerry’s Ice Cream. The space occupied by ZScoops was the area used for birthday parties and the gift shop at Ben & Jerry’s.  ZScoops has a separate entrance and separate business hours from ZPizza. The only commonality is the bathroom. Ms. Myers Demers said she cannot run her business without a sign to alert people to the shop.

 

Boris Funtow stated that he believes that the regulations for a PUD containing several separate buildings allow a façade sign on each building identifying the building (i.e. Building A, Building B, and so on) then each store (unit) within the building is allowed a small façade sign by the unit’s door or a projection sign. Mr. Funtow conceded this is not what exists in reality, citing Tennybrook Square and Shelburne Bay Plaza where each store has a roof-mounted sign.  There was further discussion of existing and prior façade signs in plazas. There was agreement a sign is necessary to a business.

 

STAFF REPORT

The Zoning Board received a written staff report on the application, dated 7/10/06.  Susie Leonard recalled Timberline Physical Therapy was denied a façade sign because the business shares space and an entrance with the Shelburne Health Club which already has a sign.

 

PUBLIC COMMENT

Larry Williams, business owner, noted a definition of “self-contained unit” as mentioned in the regulations for the Residential-Commercial zone is needed. Each unit entrance should be allowed a tenant sign, said Mr. Williams, and ZScoops has a separate entrance.

 

DELIBERATION/DECISION

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.

 

CU95-2R1: Conditional Use application by Robert Cowles (owner), Joiner Valley Partners, LLC (applicant), and Marcel Beaudin (agent) to amend the previous approval in order to add to the existing primary structure (office use) and convert an accessory structure (carriage house) to residential use at 29 Harbor Road in the Village and Village Core Overlay district (Article IX) and the Village Design Review Overlay district (Article XV).

Marcel Beaudin appeared on behalf of the application.

 

APPLICANT COMMENTS

Mr. Beaudin stated the main building contains offices presently. The proposal is to add 256 s.f. to the first floor so the space can be used more efficiently. Meeting the parking requirement is a problem, but if the carriage house is converted to a residence only two parking spaces are required for it.  There is additional public parking in the adjacent railroad station parking lot.  Mr. Beaudin stated approvals from the Planning Commission and Design Review Committee are needed. A request to decrease the required parking will be presented to the Planning Commission. The first choice, continued Mr. Beaudin, is to maintain the carriage house as office space as it is presently; the conversion is only to reduce the amount of required parking.

 

STAFF REPORT

The Zoning Board received a written staff report on the application, dated 7/10/06.  Susie Leonard noted the report analyzes the proposal as submitted, utilizing the appropriate Village District regulations. If, as stated tonight, residential use of the accessory structure is not really desired and there is all one use (office) on the property, the regulations for the Village Core Overlay may apply. Further research is necessary. Tom Koerner observed that the addition to the building is not an issue, but the parking requirement is an issue.

 

PUBLIC COMMENT

David Winters, representing the owner and applicant, announced there is a purchase and sales contract on the property and the proposal is part of the agreement.

 

Kevin Clayton, business owner, stated parking is an issue for most of the businesses in town. There may be opportunity for some relief with the parking by the railroad station being available.

 

There were no further comments.

 

DELIBERATION/DECISION

The Board continued the hearing until the next meeting.

 

CU06-28: Conditional Use application by Jeffrey and Barbara Noyes (owner and applicant) to convert a single family dwelling into a duplex at 376 Bay Road in the Residential-Commercial (Article VIII) and Lakeshore Overlay (Article XIII) districts.

Chairman Koerner noted the application has been continued to a later date due to a medical emergency.

 

V/A06-29: Appeal of the Zoning Coordinator’s denial of a sign permit and Variance application by Patrick Grangien (owner) d/b/a “Amandine on the Village Green” for approval of a zero foot setback from the required 10’ setback for a sign at 195 Falls Road in the Village and Village Core Overlay districts (Article IX) and the Village Design Review Overlay district (Article XV).

Patrick Grangien appeared on behalf of the application.

 

APPLICANT COMMENTS

Patrick Grangien stated his building is located too close to the road. There is no setback. If a sign is placed to meet the setback, the sign would be on the side of the building and not visible from the road. Boris Funtow suggested a projection/overhanging sign which would be allowed per the regulations.

 

STAFF REPORT

The Zoning Board received a written staff report on the application, dated 7/10/06.  Susie Leonard mentioned the Planning Commission and Selectboard are currently reviewing proposed change(s) to the sign regulations which would allow a zero foot setback in the Village Core Overlay district. Boris Funtow asked if the existing sign could be considered temporary and reviewed every 30 days until the change in the regulation is adopted and goes into effect. Ms. Leonard stated a total of 30 days in one calendar year is allowed for temporary signs. Also, according to the Town Attorney the current regulations should be enforced by staff. There was further discussion of the situation in the village area with regard to signs and setbacks, and the proposed changes to the ordinance. The Zoning Board felt the sign portion of the zoning amendments should be acted on expeditiously, and this message should be communicated to the Planning Commission and the Selectboard.

 

PUBLIC COMMENT

None.

 

DELIBERATION/DECISION

The Board continued the hearing until the next meeting.

 

V06-30: Variance application by Catamount/HSI/Shelburne, LLC (owner) and Larry Williams, Redstone Commercial Group (applicant) for relief from the 10’ setback for a free standing sign with a setback of zero feet (on the property line) at 5247 Shelburne Road in the Village and Village Core Overlay district (Article IX) and the Village Design Review Overlay district (Article XV).

Larry Williams appeared on behalf of the application.

 

APPLICANT COMMENTS

Mr. Williams stated the Shelburne Inn sign is currently in the right-of-way. The design of the new sign has been approved by the SHPRC, but if the sign is located per the regulations (meeting the 10’ setback), the sign will not be visible. Aesthetically, the sign would not look good on the building, stated Mr. Williams. The request is to allow a zero foot setback for the sign. Mr. Williams provided photographs of other signs in the village that do not comply with the current zoning regulations (i.e. are located in the setback).

 

STAFF REPORT

The Zoning Board received a written staff report on the application, dated 7/10/06.

 

PUBLIC COMMENT

None.

 

DELIBERATON/DECISION

The Zoning Board continued the hearing until the next meeting.

 

The Board adjourned the regular meeting and convened Deliberative Session at 9:05 p.m. to discuss the Demers (ZScoops) and Clayton applications.

 

Minutes respectfully submitted by M.E. Riordan, Recording Secretary.

 

 

Dated at Shelburne, Vermont this 7^th day of August, 2006 for the meeting of July 10, 2006.

 

 

__________________________________    ______________________________

Thomas Koerner, Chair                                     Gwen Webster

 

 

 

________________________________                    _____________________________

Steve Waltien                                                    Boris Funtow

 

 

 

 

________________________________

John Holt