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Zoning Board of Adjustment - April 2007
ZONING BOARD OF ADJUSTMENT MINUTES OF MEETING APRIL 2, 2007 MEMBERS PRESENT: Tom Koerner, Chairperson; Boris Funtow, John Holt, Steve Waltien, Gwen Webster. ADMNISTRATION: Brian Bigelow, Zoning Administrator. OTHERS PRESENT: Stuart Bennett, Robert Schwartz, Marian Feldman, Karla Toensing, Brady Toensing, Larry Williams, John Wakefield, John Koerner, Margery Sharp (Shelburne News), Ashley Matthews (Burlington Free Press). 1. CALL TO ORDER Announcement was made that Tom Koerner and Gwen Webster were re-appointed to the Zoning Board. Tom Koerner was nominated and elected as the Chairman and Gwen Webster was nominated and elected as Vice Chairwoman of the Zoning Board. Chairman Koerner called the meeting to order at 7:04 p.m. Introductions were made. The rules of procedure and establishing “Interested Party” status were explained. Chairman Koerner noted the Board may elect to deliberate applications in Deliberative Session at the end of the public portion of the meeting. Mr. Koerner mentioned the Selectboard is considering disbanding the Zoning Board and establishing a Development Review Board to review subdivision applications. The Zoning Board of Adjustment will continue to hear current applications. 2. OLD BUSINESS None. 3. NEW BUSINESS CU05-24R2: Conditional Use application by Catamount/HSI/Shelburne, LLC (owner) and Larry Williams, Redstone Commercial Group, (applicant) to modify an existing conditional use approval to remove the existing motel structure and build three new structures “on substantially the same footprint”, and to include other modifications such as decreases in area requirements, a reduction to eight residential units, and the inclusion of Personal Services (§920.9) as an approved use on the 2nd floor of the Shelburne Inn building on property encompassing lots at 5247 Shelburne Road and 11 Falls Road located in the Village District and the Village Core and the Village Design Review Overlay Districts (approval required under Articles IX and XV of the Shelburne zoning bylaws) Larry Williams with Redstone Commercial Group and John Wakefield, agent, appeared on behalf of the application. Ms. Webster recused herself from review of the application. STAFF REPORT Mr. Koerner noted the application is the second revision of the plan by Catamount/ HSI/Redstone Commercial Group. Revisions include setback changes, building height changes, and zoning changes that were approved to allow the removal of the existing motel and replacement of the building. APPLICANT COMMENTS Larry Williams briefly reviewed the previous application to retain the existing motel building and the renovations for adaptive reuse of the motel structure. At the time the zoning ordinance did not support the application as requested. The regulations have since been changed and a revised site plan has been submitted. The following highlights were noted:
Clarification of the length of the buildings and the setback to the north was requested. The applicant stated the buildings are 90’ long, and the setback of the existing building is 10’ (from Mr. Bennett’s law office). The rear setback will be maintained at 10’. Mr. Funtow observed Unit A-2 appears closer to the property line in the back. Mr. Williams explained one building has a 10’ setback on one side and 13’ on the other side. The setback requirement is 7.5’. Parking is decreasing. Green space is slightly increased. There is a two percent decrease in lot coverage (less than 2,000’). Mr. Williams noted the revised application has not yet been reviewed by the Planning Commission. The proposal fits within the existing motel footprint though the front does come out a little. Mr. Bigelow pointed out the 25% requirement includes “all buildings”. The PUD includes the yellow building. Mr. Funtow stated the section of the building outside of the existing footprint needs to be added to the lot coverage calculation and is subject to the 25% limit. Mr. Waltien asked if any parking spaces were lost for the commercial use. Mr. Williams replied the approval for the commercial use required parking around the Inn. Two-thirds of the lot is paved and there is plenty of parking. People can park in the rear of the building, but seven spaces have been eliminated. The restaurant and office uses do not have parking rights in the motel area. Regarding the storm water system, Mr. Williams stated the storm water line was replaced and lot was regraded. The system works well. Mr. Funtow suggested a condition of approval as “non-significant existing structures shall be subject to Planning Commission approval”. PUBLIC COMMENT Gwen Webster expressed concern there will not be sufficient parking spaces in the village once the condominiums are occupied. Mr. Williams suggested the seven parking spaces that were eliminated could be recovered if an arrangement can be made with Shelburnewood. There is public parking on Falls Road and in the train station parking lot. Mr. Funtow suggested a retabulation of the parking spaces. Mr. Williams noted the proposed personal service use on the second floor of the Inn is being withdrawn but that they are looking to have the flexibility of having as many as 5 offices on the second floor. The Flying Pig bookstore, a first floor retail tenant, will take over a portion of that office space. Ms. Webster suggested the end commercial unit closest to Route 7 have a buffer between the unit and Route 7. Stuart Bennett, adjacent neighbor, spoke in support of the revised design. Mr. Williams assured there will be agreement with Stuart Bennett regarding impacts to Mr. Bennett’s property per the Zoning Board findings. There was further discussion of the number of required parking spaces. Mr. Williams stated the applicant is seeking a waiver for 20 retail parking spaces (change from 94 to 59 spaces of which 16 are for residential use and 43 are for commercial use). Sixty-six spaces were approved previously. Mr. Funtow stated according to the zoning bylaws 94 spaces are needed. The Zoning Board cannot waive parking space requirements (the Planning Commission will handle the matter). DELIBERATION/DECISION Conditional Use, Remove Motel Structure and Other Modifications to Site, 5247 Shelburne Road and 11 Falls Road, Catamount/HSI/Shelburne, LLC (CU05-24R2) Mr. Koerner stated the Board will discuss the application in Deliberative Session at the end of the regular meeting. Gwen Webster returned to the Zoning Board. CU07-03: Conditional Use application by Anthony and Joanne Dellasalla (owners) and Great Northern Construction (applicant) to modify a non-complying structure at 509 Bay Road in the Residential 1 District under §1610 and §1620.2.2 of the Shelburne zoning bylaws Robert Schwartz, Great Northern Construction, appeared on behalf of the application. STAFF REPORT Mr. Koerner reviewed the request to remove and rebuild a portion of a nonconforming structure. APPLICANT COMMENTS Mr. Schwartz explained the existing deck will be removed and replaced as shown on a site plan. The deck will be the same size and have the same number of verticals. The drawing submitted is conceptual. The roof will be replaced and the siding repaired. There are no window changes planned. The deck will be no closer to the road than the existing deck. Mr. Funtow questioned why the front setback was measured from the deck to the center line of the road rather than to the front property line. Mr. Bigelow stated that when the front property line can not be determined, the rule of thumb is to measure from the center of the traveled portion of the road and deduct ½ of the right-of-way. The existing deck will remain as noted on the Lister’s card. PUBLIC COMMENT None. DELIBERATION/DECISION Conditional Use, Replace Deck, 509 Bay Road, Dellasalla, (CU07-03) MOTION by Mr. Funtow, seconded by Mr. Waltien, to approve CU07-03, application by Anthony and Joanne Dellasalla and Great Northern Construction to remove and replace a non-complying deck subject to the following conditions:
VOTE: unanimous (5-0); motion carried. CU07-04: Conditional Use application by Stephen and Marian Feldman (owners) to modify a non-complying structure at 293 Ordway Shore Road in the Rural 1 District under §1610 and §1620.2.2 of the Shelburne zoning bylaws Marian Feldman, owner, appeared on behalf of the application. STAFF REPORT Mr. Koerner noted the request is to build a garage with a shed. APPLICANT COMMENTS Ms. Feldman explained her request to replace the existing 28’x 24’ garage with a new structure that includes a 10’x 18’ shed on the side. The driveway is not shared. The proposal is not any more non-conforming than what exists. The new structure will have overhead storage and a shingle and wood siding exterior. PUBLIC COMMENT None. DELIBERATION/DECISION Conditional Use, Garage, 293 Ordway Shore Road, Feldman (CU07-04) MOTION by Mr. Waltien, seconded by Ms. Webster, to approve CU07-04, application by Stephen and Marian Feldman of 293 Ordway Road to remove and rebuild a garage with shed per §1620.2.2 of the Shelburne zoning bylaws subject to conditions as set forth in the Staff Report and as follows: 1. The site improvements (addition, parking, and other site work) shall occur as indicated on the elevations and plans site plan submitted for Zoning Board of Adjustment review, prepared by Peregrine Contracting and date stamped March 30, 2007 (Project name Feldman, Sheets 1-6, as amended and conditioned. 2. The site improvements shall be located as shown on the site plan submitted by applicant shown in pen and ink modifications to a Site Plan prepared by Stuart Morrow (Project #06126, dated December 2006) and date stamped March 29, 2007, as amended to reflect the 10’ x 18’ addition of the Peregrine Contracting drawings rather than the 10’ x 24’ footprint originally submitted. VOTE: unanimous (5-0); motion carried. CU/V98-19R1: Conditional Use and Variance applications by Scout Investments, LLC (owners) to convert space currently approved as a professional office (§920.6) into retail space (§920.8) at 65 Falls Road in the Village District and the Village Core and the Village Design Review Overlay Districts as required under Articles IX and XV of the Shelburne Zoning Bylaws Brandy and Karla Toensing appeared on behalf of the application. Ms. Webster recused herself from review of the application. STAFF REPORT The Zoning Board received a written staff report on the application. Mr. Bigelow noted there are seven parking spaces for the proposal. The Planning Commission reviews requests for reduction of parking spaces. APPLICANT COMMENTS Karla Toensing explained the request to lease space on the second floor to an upscale shoe store (Stella Shoes). There are two separate walk-in entrances with a separate front stairway to the upper floor. It was noted there is a residential use to the north of the property, and if the property owner (Webster) requests a barrier between the properties, this will be accommodated. It was also noted the new tenant will apply for a sign. PUBLIC COMMENT None. DELIBERATION/DECISION Conditional Use/Variance, Office Space to Retail Space, 65 Falls Road, Scout Investments, LLC (CU/V98-19R1) MOTION by Mr. Koerner, seconded by Mr. Holt, to approve CU/V98-19R1, applications by Scout Investments, LLC for property located at 65 Falls Road to convert space currently approved as a professional office (§920.6) into retail space (§920.8) subject to conditions as set forth in the Staff Report and as follows:
VOTE: unanimous (4-0); motion carried. Ms. Webster returned to the Zoning Board. CU05-05R1: Conditional Use application by John and Carol Koerner (owners) to alter a structure per §1120.15 and §1620.2.2 for multiple conditional uses (§1120.13) including the manufacturing (§1120.11) of baked goods for retail (§1120.12) and wholesale (§1120.4) sales, accessory food service with fourteen seats (§1120.12), and the seasonal sale of farm produce (§1120.14) at 6305 Shelburne Road in the Commerce and Industry South District (Article XI) John Koerner, owner, appeared on behalf of the application. Tom Koerner stated he did not intend to recuse him from review of the application. His design services were donated and this was a minor revision to a Conditional Use that had been approved unanimously but had expired. For the record Mr. Koerner noted between his father, mother and himself, his family has given a combined 35+ years of service to the town and he feels he can be objective. STAFF REPORT The Board received a written Staff Report on the application. APPLICANT COMMENTS John Koerner reviewed the proposal to rebuild into usable space a 40’ section on the south end of an existing farm stand. Rotting trusses will be removed and/or repaired. The roof section will be lowered to match the north end of the structure. The north end of the building will be leased to a garden center. The south end of the building will be used primarily for the manufacturing of bread, a wholesale bakery, and a 14-seat food service. Mr. Funtow asked how the primary or secondary uses were determined. Ms. Webster asked if the proposal is for a bakery with seating. Mr. Bigelow stated a third of the space will be used by John Koerner and two-thirds will be leased (5,000 s.f.). The bakery may not be the primary use, and if there are more than 14 seats, further review/approval is necessary. Mr. Funtow requested the floor plan and parking calculations be added to the site plan. It was noted the site plan shows 26 parking spaces. John Koerner pointed out the farm stand is a conditional use. Mr. Funtow asked about the space for the garden use. John Koerner noted the garden use will occupy a majority of the space. Mr. Funtow observed the farm/garden products use is the primary use. John Koerner reiterated there are two types of retail use proposed: 60% rental use and 40% to be used by John Koerner. Per Section 1120.14 there is the roadside stand/seasonal sale of farm products which has been in existence for the past 40 years, and the accessory retail use (bakery/bread manufacturing) and 14 seats for the bakery. PUBLIC COMMENT None. DELIBERATION/DECISION Conditional Use, Alterations to Structure for Multiple Uses, 6305 Shelburne Road, Koerner (CU05-05R1) MOTION by Ms. Webster, seconded by Mr. Waltien, to approve CU05-05R1, application by John and Carol Koerner (owners) for the alteration of a structure (§1120.15 and §1620.2.2) for multiple conditional uses (§1120.13) including the manufacturing (§1120.11) of baked goods for retail (§1120.12) and Wholesale (§1120.4) sales, accessory food service with fourteen seats (§1120.12), and the seasonal sale of farm produce (§1120.14) with conditions as set forth in the Staff Report and as follows: 1. The site improvements shall comply with the site plan and associated elevations prepared for 6305 Shelburne Road by Civil Engineering Associates (project #04112) and Tom Koerner respectively, date stamped March 29, 2007 which were submitted with the conditional use application and approved by the Board during the public hearing of April 2, 2007.
VOTE: unanimous (5-0); motion carried. 4. APPROVAL OF MINUTES MOTION by Mr. Koerner, seconded by Ms. Webster, to approve the minutes of 03/12/07 as written. VOTE: unanimous (5-0); motion carried. 5. DELIBERATIVE SESSION MOTION by Mr. Funtow, seconded by Mr. Holt, to enter Deliberative Session with Staff. VOTE: unanimous (4-0, Ms. Webster having previously recused herself from the Board for this application); motion carried. Deliberative session was convened at 7:45 p.m. MOTION by Mr. Koerner, seconded by Mr. Holt, to adjourn Deliberative Session and reconvene the regular meeting. VOTE: unanimous (4-0); motion carried. The ZBA exited Deliberative Session and reconvened the regular meeting at 8:55 p.m. 6. DELIBERATION/DECISION Mr. Koerner summarized the deliberative session as consisting of discussions related to CU05-24R2: Conditional Use application by Catamount/HSI/Shelburne, LLC (owner) and Larry Williams, Redstone Commercial Group, (applicant) to modify an existing conditional use approval to remove the existing motel structure and build three new structures “on substantially the same footprint”, and to include other modifications such as decreases in area requirements, a reduction to eight residential units, an increase to 5 units of offices on the 2nd floor of the Shelburne Inn building on property encompassing lots at 5247 Shelburne Road and 11 Falls Road located in the Village District and the Village Core and the Village Design Review Overlay Districts (approval required under Articles IX and XV of the Shelburne zoning bylaws). MOTION by Mr. Waltien, SECOND by Mr. Holt, to approve the modified application of CU05-24R2, the request of Catamount/HIS/Shelburne, subject to the following conditions: 1. The site improvements shall comply with the Site Plan, Site Section, Elevations and Floor Plans prepared by Lemay and Youkel entitled Shelburne Inn Residences Sheets 1 (date stamped March 21, 2007) and Sheets 2 - 11, (date stamped March 12, 2007) which were submitted with the Conditional Use application and approved by the Board during the hearing on April 2, 2007. 2. The fence as designated on plan CP-B shall be 8 feet high, as measured from the top of the existing stone curbing. The fence shall form a solid “visual block”. The fence height and composition may change if mutually agreed upon with the abutter to the North (Stuart M. Bennett). 3. The fence shall have no lights installed or attached to it. 4. Trees shall be preserved at the northwest corner of the property to the maximum extent practicable. 5. The applicant shall specify on the site plan an area designated for commercial deliveries. 6. The restaurant not to open for lunch service, and not to open before 5:00 PM for dinner service (Monday – Saturday). The restaurant can be open for brunch and dinner service on Sundays. If the restaurant changes the indicated hours of operation, an amendment to the Conditional Use approval is required. 7. Outdoor restaurant seating area to be designed as presented on Plan A-400, south elevation, date stamped 08/05/2005, and labeled “Option A” to screen the consumption of food and beverages. 8. Changes to the plans specified in Condition #1 as a result of review and approval by the Town of Shelburne Planning Commission are to be submitted to the Zoning Coordinator for a determination if additional Zoning Board of Adjustment review is required. 9. Changes to the plan as specified on sheet L1.0, also known as Concept “A” and date stamped August 5, 2005 may be administratively approved by the Zoning Coordinator. 10. Performance Standards of §1660.2.a – k of the Town of Shelburne Zoning Bylaws to be met. 11. Vermont Agency of Transportation approval of the Northern proposed access to Route 7/Shelburne Road shall necessitate a return to the Zoning Board of Adjustment for additional review. 12. Prior to application for a building permit for a residential use on the lot, the parking space waiver must be approved by the Planning Commission. 13. Prior to application for a building permit for a residential use on the lot, applicant to submit information demonstrating compliance with §1640.2.F.2.b regarding the 25% limitation for new construction. VOTE: unanimous (4-0); motion passed. 7. ADJOURNMENT MOTION by Mr. Holt, SECOND by Ms. Webster, to adjourn the meeting. VOTING: unanimous (5-0); motion carried. The ZBA meeting was adjourned at 9:00 p.m. Minutes respectfully submitted by Kathlyn Furr, Recording Secretary. January 2007 Zoning Board of Adjustment Minutes February 2007 Zoning Board of Adjustment Minutes March 2007 Zoning Board of Adjustment Minutes April 2007 Zoning Board of Adjustment Minutes May 2007 Zoning Board of Adjustment Minutes June 2007 Zoning Board of Adjustment Minutes July 2007 Zoning Board of Adjustment Minutes August 2007 Zoning Board of Adjustment Minutes September 2007 Development Review Board Minutes October 2007 Development Review Board Minutes November 2007 Development Review Board Minutes December 2007 Development Review Board Minutes |
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