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

ADMNISTRATION:            Brian Bigelow, Zoning Coordinator

                                                Marianne Riordan, Recording Secretary

OTHERS PRESENT:            Dan Hassan, Steve Reynes, Rebecca Stearns, Marcel Beaudin, Margery Sharp (Shelburne News).

Mr. Koerner called the meeting to order at 7:10 p.m. and explained a unanimous vote by the Board will be necessary for approval with only three of the five member board present.  Mr. Funtow was unavailable and Mr. Waltien would be arriving later.

 

Application was continued.

 

 

Attorney Steve Reynes, Dan Hassan, and Rebecca Stearns appeared on behalf of the application. Zoning Board member, Steve Waltien, was not present and did not participate in deliberation of the application.  Waltien had advised all involved that due to a business relationship, revealed to him on January 5^th, with a principal in this project; he needed to recuse himself.

 

STAFF REPORT

 

Mr. Koerner briefly reviewed the application for expansion of Shelburne Bay Senior Center, noting the numerous continuations of the application. The application is on the Planning Commission docket for January 11, 2007. Mr. Koerner asked if there is any new information to be heard by the Zoning Board. The Zoning Board received a copy of the correspondence from Steve Reynes, dated 1/4/07, regarding noncomplying structures and setback requirements in a PRD, and authority to modify area requirements.

 

APPLICANT COMMENTS

Attorney Reynes stated it is clear the noncomplying structure provision applies in a PRD and because of this and because the project is not going to create further encroachment, the setback issue is resolved and the project does not need a variance.  The Miserocchi court case dealing with setbacks was cited.  Mr. Reynes noted elderly housing is a permitted use in the district.  Gwen Webster interjected the number of units being proposed requires a variance. Steve Reynes opined ‘number of units’ is the Planning Commission’s jurisdiction. Ms. Webster explained the Planning Commission can only waive up to 20% and that still would not provide the number of units being requested. Per Section 1630, stated Mr. Reynes, the area and dimensional requirements can be modified. It was noted the conditional use application/approval has not been disputed. Attorney Reynes mentioned receipt of a letter from Dean Pierce referencing the letter from the Town Attorney reiterating the town’s position that periphery setbacks apply.

 

Mr. Reynes offered to submit proposed draft findings and conclusions to the Zoning Board for review. Tom Koerner suggested the Zoning Board hold action on the application until after the hearing before the Planning Commission. The applicant concurred.

 

PUBLIC COMMENT

 

None.

 

DELIBERATION/DECISION

 

Steve Waltien arrived at 7:45.

 

 

Marcel Beaudin appeared on behalf of the application. 

 

STAFF REPORT

 

Mr. Koerner briefly reviewed the Staff Report for the application for a modification of a previous approval.

 

APPLICANT COMMENTS

 

Marcel Beaudin explained the proposal to extend the deck by four feet (96 s.f.) and change the circular stair to a straight run of stairs. The deck is located on the south side of the house (back of the house) which gets the sun and the property owner would like to take advantage of this.

 

PUBLIC COMMENT

 

Brian Bigelow noted a telephone call from a neighbor was received. The neighbor indicated they were not thrilled by the application, but chose not to attend the hearing before the Zoning Board.  Mr. Beaudin said he has spoken with several neighbors, specifically three neighbors who were really concerned about the proposed house. The neighbors would prefer to have nothing built on the site, but chose not to purchase the lot when it was available in order to keep it open. An earlier appeal that had been submitted by the neighbors was withdrawn, mainly because the driveway was revised so there is no paving around the back of the house.

 

DELIBERATION/DECISION

 

1.      Site improvements (house pad, driveway, flood proofing and such) shall be constructed as shown on the site plan and other documentation submitted by the applicant date stamped December 18, 2006.  Building Permit B06-185 to be revised accordingly by application of the landowner.

2.      The landowner shall note any changes to the grading/drainage plan for B06-185 concurrent with the submission of an amendment for that building permit. Changes must be approved by town staff and the Town Engineer prior to the issuance of an amended building permit. The grading/drainage plan shall be designed to maintain or reduce the amount of water flowing onto adjacent properties. The house construction and site grading shall not increase the amount of water flowing onto adjacent properties.

   3.   The following actions shall occur prior to the issuance of a Certificate of Occupancy:

a.       The applicant shall provide a statement from a civil engineer or surveyor certifying the elevation of the finish floor of the house based upon the National Geodetic Vertical Datum (NGVD).

b.      The site grading and drainage shall be inspected and approved by an Engineer designated by the Town, the Highway Department, and Planning & Zoning staff.

c.       The landowner shall coordinate with the Planning & Zoning Office and the Shelburne Highway Department to schedule periodic site inspections during site grading and construction.

4.   The applicant shall submit a revised site plan indicating any changes to the limits of site construction approved as part of B06-185.

5.   The applicant shall limit the fill to an area large enough to support the dwelling, driveway and a small area (15 ft.) surrounding the dwelling. 

6.   The applicant shall identify all existing trees over a 2” caliper on the property with a notation of the trees to be removed. The removal of trees and shrubs shall only occur within the boundary of the limits of the construction plan. Other than the trees removed for construction as indicated in the construction plan, trees shall not be removed from the property unless the trees are dead, damaged or severely diseased as determined by an arborist.

7.   Prior to issuance of a Certificate of Occupancy, the applicant shall submit a letter signed and sealed by the architect/engineer stating that the improvements were constructed according to the plans approved by the Town of Shelburne.

 

The Board signed approved minutes of December 4, 2006 and Notices of Decision (Quaise, Hammers and Rice Lumber) from that meeting.

 

 

General discussions about upcoming possible applications (Koerner, Webb, Feldman, Senior, Rosenblum and Palmer) and Notices of Violation (Anderson and Barone) were held.  Submittals proposed to meet conditions imposed on the Righi/Marco’s (CU06-08) approval were reviewed.  Staff to contact the principals.  A proposed modification to another recent approval (CU05-2R1) was reviewed and considered to be insufficient to justify a public hearing.  Discussion about the December 13^th Development Review Board Panel followed.  Chairman Koerner presented the annual report.  The Board did not hold a Deliberative Session. 

 

 

The ZBA meeting was adjourned at 9:00 p.m.

 

Minutes respectfully submitted by Marianne Riordan, Recording Secretary.