FINDINGS OF FACT

On the 27th day of May 2015 the Development Review Board approved the Conditional Use application of Vladimir Smirnov. The approval is in accordance with Article X, Section 10.03 B(4) and 10.01M(4) for a Home Business and a commercial vehicle exceeding the size requirements in a residential district. The property is identified in Book 771 Page 87 of the Colchester Land Records.  Subject property is located at 23 Tanglewood Drive, Tax Map 34, Parcel 6 and the approval is based upon the following facts:

1.         DISCUSSION

The application was heard on April 22^nd and deliberated on.  In deliberation the vote was 3- 2 resulting in no action as 4 members need to vote together for any action to take place.  The application was rewarned for the May 27^th meeting. 

This project consists of a Conditional Use application to establish a home business with one commercial vehicle exceeding the size requirements in a residential district at 23 Tanglewood Drive, Tax Map 34, Parcel 6.

The property is located in the R3 District and is bounded on the north by an undeveloped parcel owned by the applicant, on the west by Tanglewood Drive and a single-family residence across the street, on the south by a single-family residence, and on the west by a single-family residence.

As of the date of issuance of the Findings of Fact and Order the following person(s) have obtained interested party status:

1.      Bob Levis, 45 Tanglewood Drive, Colchester, Vermont  05446

2.      Dean Marchacos, 26 Tanglewood Drive, Colchester, Vermont  05446

The following is an excerpt of the minutes from the May 27, 2015  hearing:

Vladimir Smirnov was present on behalf of the Conditional Use application.

The presentation included, but was not limited to, the following:

·         He is the owner of a Snap-On franchise which includes a small office in his home and a truck that exceeds the regulations for a commercial vehicle in a residential district.

·         There is no outside storage besides the truck.

·         The truck is gone during the day.

·         There is no business conducted out of the house.

·         The business has been operating for four years and was not a problem until he purchased the larger truck last year.

·         He has worked out a screening and parking plan with the adjacent neighbor. 

·         He has worked with the Planning Commission and the Select Board to amend the regulations to allow for a home business with a commercial vehicle exceeding what is allowed in a residential district by obtaining Conditional Use.

·         Home businesses are becoming more prevalent in Colchester and the State.

·         The business and truck does not have any adverse effects on the property.

·            The truck will be parked on the property very similar to a recreational vehicle or a boat.

·            He is asking the Board to consider the approval of the home business with the large truck.

·            The plan is to screen the truck from the adjacent property owner with an 8 foot high cedar hedge that would be 32 feet long.

·           The box of the truck is 22 feet long and the highest point of the truck is 12’4” with 11’ being the majority of the height.

The Board reviewed the application.

Bob Levis, 45 Tanglewood Drive, stated that he has met with Mr. Smirnov several times and they are in agreement with the proposed hedge.  He stated that solution is very satisfactory.

Dean Marchacos, 26 Tanglewood Drive, stated that he has no problem with the truck or home business that is being presented.

A motion was made by A. MacDonald and seconded by K. Oldinski to close the public hearing.  The motion passed with a vote of 7 – 0.

In deliberative session, a motion was made by A. MacDonald and seconded by B. Campbell to approve the Conditional Use application.  The motion passed with a vote of 7 – 0.

II.  FINDINGS

Based on the application submitted and testimony from the hearing, the Board finds the project meets the following criteria for Conditional Use approval with conditions:

Section 8.10E(1): The proposed use, in its location and operation, shall be consistent with the planned character of the area as defined by the Town of Colchester Municipal Plan.

The project is within the Porters Point Neighborhood as identified in the Land Use Chapter of the 2014 Town Plan.  The first policy for this area states: “The residential character of the area should be maintained; however, increases in densities to promote residential infill should be considered.”  The project will introduce a home business to the residence however must be done in a way that does not adversely impact the character of the neighborhood.  As traditional small business transitions and more residents look to work from home, this has an opportunity to create a more vibrant neighborhood in which people are present during day time hours however business purposes should be secondary to the primary residential uses.  The exterior elements of the proposed business, such as the commercial vehicle, must not negatively impact the existing neighborhood.

Section 8.10E(2): The proposed use shall conform to the stated purpose of the district in which the proposed use is to be located.

The purpose of the R3 District is to encourage high density residential uses.  The applicant  proposed a home based business with the storage of an oversized commercial vehicle on site within an existing neighborhood.  It was recommended that, other than the proposed oversized commercial vehicle, that the home business not have any other visible evidence of a home businesses as so to not detract from the existing high density residential uses.  Additionally, it was recommended that the storage of the commercial vehicle be on the side or rear of the existing garage to screen it from existing residences.

Section 8.10E(3): The DRB shall take into consideration minimum lot size; size, design, and location of structures and service areas; and distance from adjacent or nearby uses.

The property and surrounding lots are relatively small and densely clustered.  The only exterior modification to the property to accommodate the home based business is the on-site storage of an oversized commercial vehicle.  Per Section 10.01M(3) the vehicle shall be stored in the side or rear yard.  The applicant proposed screening the vehicle in the side yard from the property to the south with cedars or other hedge. 

Section 8.10E(4): The proposed use shall not result in adverse effect on: the capacity of existing or planned community facilities; The character of the area affected as defined by the purpose or purposes of the zoning district within which the project is located and specifically stated policies and standards of the Municipal Plan; Traffic on roads and highways in the vicinity; Bylaws and ordinances in effect; or Utilization of renewable energy resources.

The proposed home business will not affect any of the existing or planned community facilities.  It should be noted that the neighbor to the south expressed concerns regarding the impact of the commercial vehicle on the character of the area.  Per Section 10.01M of the Zoning Regulations, the vehicle must not be parked in the front yard however it is recognized that parking the vehicle in the side or rear yard may create a greater visual impact on the neighboring property to the south.  The applicant proposed a hedge or other plantings along the property line to mitigate the impact.  The applicant was advised to work with the neighbor, and did work with the neighbor, to the south to place the hedge as well as determine the scope of the plantings necessary to try to mitigate the impact.

The applicant utilizes the commercial vehicle off-site during normal business hours and therefore it generally leaves the site in the morning and returns to the site in the evening, similar to a commuter vehicle that would be typical for a residence.  Occasionally a delivery truck visits the site to deliver supplies similar to a UPS or FedEx truck.  No additional traffic is therefore anticipated to the project site to accommodate the home business.  The applicant shall be required to comply with the home business requirements of Section 10.13B of the Colchester Zoning Regulations.  The project will not impact the utilization or renewable energy resources.

Section 10.13B:  The home business will be carried on by the residents of the premises and only one additional employee (up to three additional employees are allowed).  The one additional employee infrequently visits the site to help restock the truck and can park in the driveway as needed with his/her personal vehicle.  The business shall be within the primary dwelling however the commercial vehicle will also be used to conduct the business off-site.  The applicant shall note if there is a dedicated room, such as a home office, in the residence for the home business use prior to the issuance of a building permit.  Other than the commercial vehicle that will be parked on the site no equipment or supplies shall be stored outside the building.  Prior to the issuance of a building permit, the applicant shall submit information on his ownership of the business and that he is the legal possessor of the vehicle.

The Board finds the project conforms to Article VIII, Section 8.10 and Article X, Section 10.13B.  The project will not have any adverse affect as defined by the criteria listed in the Town of Colchester Zoning Regulations. 

DATED at Colchester, County of Chittenden, State of Vermont,

this 8th day of June 2015.

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_____________________________              DEVELOPMENT REVIEW BOARD

TOWN OF COLCHESTER

COUNTY OF CHITTENDEN

STATE OF VERMONT

III.  ORDER

Upon due consideration of the premises and aforesaid Findings, the Colchester Development Review Board hereby approves the Conditional Use request of Vladimir Smirnov.  The approval

is in accordance with Article X, Section 10.03 B(4) and 10.01M(4) for a Home Business and a commercial vehicle exceeding the size requirements in a residential district. The property is identified in Book 771 Page 87 of the Colchester Land Records.  Subject property is located at 23 Tanglewood Drive, Tax Map 34, Parcel 6 with the following conditions:

1.      All previous approvals and stipulations which are not superseded by this approval shall remain in effect.

2.      The Conditional Use approval allows a home occupation and one (1) commercial vehicle exceeding the size requirements of Section 10.01M of the Zoning Regulations in a residential district.

3.      The home occupation business shall not have any other visible evidence of a home business besides the oversized commercial vehicle which is 33’ long and 12’ high.

4.      The commercial vehicle shall be stored on the side or rear yard of the residential property.

5.      The applicant shall screen the south side of the property with a minimum of an 8’ high hedge, 32 feet in length to mitigate the impact of the commercial vehicle.

6.      The applicant shall comply with the home business requirements of Section 10.13B of the Zoning Regulations.

7.      Prior to issuance of a building permit to establish the home business the applicant shall provide the following:

1. Information as to what portion of the residence is dedicated to the home business use including square footage.
2. Submit information on ownership of the business and ownership of the vehicle.

8.      The Project shall be constructed and operated in accordance with the submitted application documents, the stamped approved plans, the Findings of Fact and Order, and the Zoning Regulations.  There shall be no change in the proposed use or approved plans without prior approval of the Town.  The Development Review Board reserves the right to review and issue supplementary Findings of Fact and Order for any substantial change in the project approved herein.  Any unauthorized change from the approved plans shall be grounds for revocation of the Order and approval.

IV.  APPEAL RIGHTS

The owner of the project property and interested persons have a right to appeal this

decision, within 30 days of the date this decision is issued, to the Vermont Environmental Court, pursuant to 24 V.S.A. § 4471 and V.R.E.C.P. in writing to the Vermont Environmental Court, 32 Cherry Street, 2^nd Floor, Suite 303 Burlington, VT 05401 and a copy to Colchester Development Review Board at P.O. Box 55, Colchester, Vermont  05446.  The fee is $262.50 made payable to Vermont Environmental Court.  If you fail to appeal this decision, your right to challenge this decision at some future time may be lost because you waited too long.  You will be bound by the decision, pursuant to 24 V.S.A. § 4472 (d) (exclusivity of remedy; finality).  This also applies to any interested person(s) who may have had a right to appeal.

DATED at Colchester, County of Chittenden, State of Vermont,

this 8th day of June 2015

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_____________________________              DEVELOPMENT REVIEW BOARD