September 11, 2006

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

ADMINISTRATION:           Susie Leonard, Interim Zoning Coordinator.

OTHERS PRESENT:            Richard Hamlin, Vince Paradis, Manny Gurowski, Jeffrey Noyes, Barbara Jewett Noyes, Barb Kennedy, Andy Simmons, Alison Simmons, Peter Klinkenberg, Ellen McShane, Paul Boisvert, Dennis Webster, Leslie Bonnette, David Pill, Kit Sayers, Dawna Hammers, Margery Sharp (Shelburne News).

 

Tom Koerner called the meeting to order at 7 p.m. Introductions were made. Mr. Koerner explained the procedure to be followed with applications before the Zoning Board, noting the Board may elect to deliberate applications in Deliberative Session at the end of the public portion of the meeting.

Jeff Noyes appeared on behalf of the application.

 

STAFF REPORT

The Zoning Board received a written staff report on the application for the meeting date of July 10, 2006.

 

APPLICANT COMMENTS

Jeff Noyes explained his proposal to convert his house into a duplex so he and his wife can continue to live there and pay the increasing taxes. There will be no external changes to the house. An internal hallway will connect to the rental unit. A bay in the garage will be designated for the tenant. The original house was built prior to the turn of the century. The lot is nonconforming. Mr. Noyes stated he purchased the property in 1977 and then bought some additional land and added bedrooms to the house to accommodate his growing family. Now the children are grown and moved out.

 

Mr. Koerner explained ‘noncomplying structures’ and the ordinance.  The Board found the photograph with the duplex drawn on it acceptable. Boris Funtow pointed out the parking is not delineated on the photograph. The applicant explained there are at least two parking spaces in the driveway and two in the garage. The requirement is to provide four parking spaces for two dwlling units.

 

PUBLIC COMMENT

None.

 

DELIBERATION/DECISION

MOTION by Steve Waltien, SECOND by John Holt, to approve 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 subject to the following conditions:

1.      At least one bay of the garage shall be available to the tenant.

2.      The changes to and uses of the site shall occur as indicated on the aerial photograph of the site and floor plan as submitted and prepared by Jeff Noyes, date stamped June 19, 2006; these plans were presented with the conditional use application and approved by the Zoning Board during the public hearing on September 11, 2006.

VOTE: unanimous (5-0); motion carried.

 

Continued until the October Zoning Board meeting.

 

No one appeared on behalf of the application.

 

STAFF REPORT

The Board received a written staff report on the application for the meeting date of 9/11/06. Susie Leonard reported the Design Review Committee and the Planning Commission have approved modifications made to the house when it was rebuilt following a fire, but it was thought there may be some zoning problems with the deck. The application was warned due to concerns about lot coverage and increased size of the deck.  Ms. Leonard mentioned the difficulty in getting information about the property from the previous property owner.

 

APPLICANT COMMENTS

None.

 

PUBLIC COMMENT

Dawna Hammers, current owner of the property, said she was not aware of outstanding permits prior to the day before she bought the house. The neighbor has indicated he has no problem with the deck as it is presently exists. Ms. Hammers said she would like to spend her money on windows and fix the fence and the porch in the front of the house rather than tear down a perfectly good deck.  There was brief discussion of how the closing could have occurred with the outstanding issues.  Gwen Webster opined there is not enough information for the Board to make an informed decision on the application. There are multiple problems. Ms. Hammers stressed the porch was existing and is no wider than before, only longer.  Steve Waltien suggested photographs of the deck be submitted and the assessor’s data reviewed to determine when the decks were built.

 

 

Barb Kennedy appeared on behalf of the application.

 

STAFF REPORT

The Board received a written staff report on the application for the meeting date of 9/11/06.  Susie Leonard noted the Town Attorney advised a variance is needed because the house was built outside of the conditions of the approved PRD.

 

APPLICANT COMMENTS

Barb Kennedy explained the request for a variance to allow the existing porch to be screened. The house was purchased in 1994 and there have not been any changes to the structural dimensions or the footprint. When the house was built 20 years ago, it was built with a porch 20’ from the property line.  The deck is existing and south facing. Vegetation has grown up and mosquitoes and wasps have become a problem. Professional pest control companies have been hired to address the insect problem without success. The porch is not usable without screening. Minimal changes are needed to screen the porch. There will be no change to the footprint. There is no air conditioning in the house, and none is desired if possible. Ms. Kennedy said her family would like to use the porch space. Screening the porch will not increase the encroachment on the property line. There will be no impact to the neighborhood. The neighbors are in support of the screening. A letter of support has been submitted. The deck is open now. Any rotten wood will be replaced and the sides built to accommodate the screening.

 

There was discussion of the structure, pre-existing zoning, and a mistake being made by the builder, not the owner, with regard to the location of the house to the property line.  Susie Leonard noted the building permit said the house would be built 51’ from the property line, but the house was built contrary to the building permit.  The applicant noted it was a surprise to learn they have been mowing their neighbor’s lawn all these years.

 

Steve Waltien questioned if making a more substantial structure increases the noncompliance of the structure. It was noted the footprint of the structure is not being changed.

 

PUBLIC COMMENT

None.

 

DELIBERATION/DECISION

The Zoning Board will deliberate the application (V06-34) in Deliberative Session at the end of the regular meeting. Decisions and/or Findings of Fact will be on file in the Planning Office.

 

Andy Simmons appeared on behalf of the application.

 

STAFF REPORT

The Board received a written staff report on the application for the meeting date of 9/11/06.

 

APPLICANT COMMENTS

Mr. Simmons stated the A-frame style house was built in 1960 prior to zoning in Shelburne. The one bedroom structure with a cathedral ceiling has been modified to include three bedrooms, but the space is small. The bank would not provide a loan due to the style of the house so the plans show a change to a cape style house.  The proposed addition will not impact setbacks or views.  The neighbors are in support of the proposed changes.

 

PUBLIC COMMENT

None.

 

DELIBERATION/DECISION

 

Rick Hamlin, engineer, and Vince Paradis, attorney, appeared on behalf of the application.

 

STAFF REPORT

The Zoning Board received a written staff report on the application for the meeting date of 9/11/06. It was noted the tabular information in the staff report needs to be corrected to reflect accurate side yard setbacks on the property. A request for Conditional Use approval to replace the existing camp under §1330.2 and 1620.2 had been denied earlier this year; this request is for a Variance for a new structure.

 

APPLICANT COMMENTS

Rick Hamlin explained a variance is needed for the front and rear yard setbacks with the tear down/rebuild project. The existing structure will be removed. The new structure will have the same setbacks. There will be no increase in encroachment. The east and west side yard setbacks of 15’ are met. There was prior discussion of merging the lots. At the time of the application, it was not clear that the Town Attorney had made a determination regarding the merger of the lots. The Town Attorney does believe that lots 1 and 2 have been merged. The application was submitted as if the lots were not merged, but Mr. Hamlin stated that it is a better application with the lots being merged.  The floor of the proposed structure will be above the floodway (102 line). There will be a sewage pump station to the municipal sewer line. Neighbors may want to connect as well.

 

Gwen Webster opined the structure is closer to the 102’ mark. Mr. Hamlin stated following further research and investigation it was ascertained the 102’ mark falls into the southeast corner of the house.  There is a retaining wall around the structure and the 102’ line runs at the base of the retaining wall.

 

The variance criteria were reviewed. Chapter 117 of the state regulations refer to “shallowness” of the lot which applies to the lot under discussion, explained Mr. Hamlin. Regarding reasonable use of the property, the property is zoned residential as a permitted use. The proposed structure will be single story with a small footprint. The variance is minimal to allow for a functional residence. The site is a pre-existing lot prior to zoning regulations in Shelburne. The hardship is the dimensional variance request for the front and rear setbacks.  Material is being removed from the floodway. At least two septic systems are being removed. Per the aerial photograph, there are residences along the lakeshore and dense residential development nearby.  The lot coverage of the adjacent lots is 27.3% and 31.4% respectively versus the proposed lot coverage of the Hansen lot at 20.5% (based on the merger of the 2 lots). The proposed structure is not encroaching further into the setbacks. The site is being improved.

 

Vince Paradis, attorney for the applicant, clarified there is agreement the lots are merged for zoning purposes creating a lot of 14,329 s.f. versus 7,000 s.f. A deed can be filed showing the lots are merged for zoning purposes. For title purposes, however, the lots have not been merged. Boris Funtow stated the staff report needs to be clarified to say ‘for the purpose of zoning, the lots have merged’.

 

Rick Hamlin briefly reviewed the history of the site relative to the abandonment issue. Abandonment was pertinent to the tear down/rebuild conditional use application and not the variance application.

 

PUBLIC COMMENT

Paul Boisvert, 743 Bay Road, expressed concern about pollution since the land slopes toward the lake. The driveway slopes toward the lake as well and oil, vehicle fluids, and storm water will run directly into the lake. Mr. Boisvert suggested a system needs to be in place to control the run off.  Mr. Boisvert asked about the height of the new roof. Mr. Hamlin assured the building will have a low profile (slightly flattened roof line) so views are not impacted.  Regarding control of run off to the lake, a sump could be installed at the edge of the driveway to catch fluids which would then evaporate away, suggested Mr. Hamlin.

 

Ellen McShane, 743 Bay Road, questioned how a new structure located so close to the lake can be allowed. Rick Hamlin noted the foundation of the proposed dwelling meets the requirements to handle water surge.

 

DELIBERATION/DECISION

The Zoning Board will deliberate the application (V06-36) in Deliberative Session at the end of the regular meeting. Decisions and/or Findings of Fact will be on file in the Planning Office.

 

Peter Klinkenberg and David Pill appeared on behalf of the application.

 

STAFF REPORT

The Board received a written staff report on the application for the meeting date of 9/11/06.

 

APPLICANT COMMENTS

Mr. Klinkenberg explained the request for an architectural office in the building at 5597 Shelburne Road. Four windows on the façade will be changed. It was confirmed the parking shown reflects the multiple uses in the building.

 

PUBLIC COMMENT

A gentleman in the audience spoke in support of the application.

 

DELIBERATION/DECISION

 

Manny Gurowski appeared on behalf of the application.

 

STAFF REPORT

The Board received a written staff report on the application for the meeting date of 9/11/06.

 

APPLICANT COMMENTS

Mr. Gurowski stated there are five small spaces in use. The Zoning Administrator feels that some of the uses are retail, not office. The uses include jazzercise (including sale of exercise equipment), watch repair and sales, acupuncture, and storage.  There is plenty of parking (32 spaces plus handicap spaces). The tenants pay $300/month for the space.  The area was formerly used as a warehouse, but it was thought this would become problematic with neighbors and deliveries so the space was converted to small offices.  Bond Auto Parts was a retail operation.

 

There was discussion of blanket conditional use approval versus each new tenant seeking conditional use approval for their activity at the site.  The Zoning Board agreed any change at the site requires review/approval. Tom Koerner pointed out the uses exist now so retroactive approval is needed.  It was confirmed that there is adequate parking for the uses on the site. The dumpster is screened.  There was discussion of whether the building constitutes a shopping center due to the multiple uses, and whether there should be one common sign or multiple signs.

 

PUBLIC COMMENT

Leslie Bonnette, 72 Hullcrest Road, confirmed there are many different activities in the building. The signs look like “mish-mash”. Ms. Bonnette asked about improvements to the parking lot and landscaping. The applicant indicated the parking lot will be improved as well as the landscape buffer. The tree line belongs to the adjacent property owner (Bonnette). It was noted that the proposal will need to gain Site Plan approval from the Planning Commission.

 

DELIBERATION/DECISION

 

None.

 

 

Deliberative Session was convened at 9:10 p.m.

 

Dated at Shelburne, Vermont this 2th day of October, 2006 for the meeting of September 11, 2006.

 

 

 

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Tom Koerner, Chair                                        

 

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Gwen Webster                                                 John Holt

 

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Steve Waltien                                                   Boris Funtow