FINDINGS OF FACT

On the 27th day of April 2016 the Development Review Board approved the Conditional Use application of Michele Ambrosino and HVL Vermont, LLC for the enlargement of a patio on a seasonal structure that increases the degree of encroachment in the Shoreland District setback.    The subject property is identified in Book 785, Page 193 of the land records of the Town of Colchester, Vermont.  The approval is for property located at 2117 Colchester Point Road, Tax Map 31, Parcel 5, Unit 47 based upon the following facts:

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1.         DISCUSSION

This project consists of a conditional use application of HVL VT, LLC and Michelle Ambrosino under Section 7.03(D) of the Zoning Regulations to allow for an enlargement of a residential structure that increases the degree of encroachment into the Shoreland District setback.  The subject property is located at 2117 Colchester Point Road, Tax Map 31, Parcel 5, Unit 47.

The applicant submitted a Conditional Use application based on Article VII, Section 7.03:

 (2) Enlargement of residential structures that increases the degree of encroachment within the 100 feet from the mean water mark.  Such portion of the structure encroaching shall not exceed 10% of the building as measured from the exterior face of exterior walls excluding appurtenances such as decks, porches, overhang, and stairs in existences at the time of the application within a 10 year period.

The applicant requested to construct a 110 sq. ft. patio further encroaching in the Shoreland District.  The seasonal dwelling is currently under construction and has a permit for a 185 sq. ft. deck that holds the existing encroachment line.  The applicants requested to convert the approved deck to a patio and increase the encroachment resulting in a 295 sq. ft. patio.  The drawing submitted by the applicant indicated that the seasonal structure is 1198 square feet.  The increased encroachment, as proposed, is therefore to be 9.1% of the building footprint.

As of the date of issuance of the Findings of Fact and Order no person(s) have obtained interested party status:

1. Bill Cunningham, 2093 Colchester Point Road, Colchester, VT   05446

The following is an excerpt of the minutes from the April 27, 2016 hearing:

Michele Ambrosino and Mark Behr, Architect were present on behalf of the Conditional Use application.

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

• The seasonal residence at 2117 Colchester Point Road is currently being rebuilt.
• The applicant is looking to revise the approved deck to an at grade patio.
• The applicant is likely to use pervious pavers for the patio.
• The application results in an increase in encroachment into the Shoreland District, but by less than the 10% allowed under Section 7.03(d).
• The property was re-surveyed prior to applying for initial approval to rebuild, and found to be located outside the Floodplain.

The Board reviewed the application.

Bill Cunningham, 2093 Colchester Point Road, stated that he has lived next to the property for 67 years. There have been many camps that initially had an open deck that were enclosed into a sunroom area providing additional living space. He wondered if the proposed patio area could be enclosed without prior review from the Board. M. Gamage addressed this by saying the area is within the Shoreland District and therefore any building activity is reviewed by the Board. Mr. Cunningham asked for clarification on when the regulations changed allowing footprint increases along the Lake. Ms. Purinton commented that Section 7.03(d) allows the encroachment into the Shoreland District once over a ten year period and has been in effect for some time. The finding that the property is out of the Floodplain was the driving force behind the rebuild application.

A motion was made by A. MacDonald and seconded by M. Palmer to close the public hearing.  The motion passed with a vote of 6 – 0.

In deliberative session, a motion was made by A. MacDonald and seconded by M. Palmer to approve the conditional use application, with conditions.  The motion passed with a vote of 6 – 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 site is located in the Floodplain District as shown on the Colchester Zoning Map.  The applicant  provided a survey documenting the property as being above the 102 ft. elevation and therefore out of the Floodplain District.  It was recommended that the applicant pursue a Letter of Map Amendment from FEMA to clarify the classification of the property.  The property is therefore likely Residential One per the adjacent Zoning District.   The addition of a patio to a seasonal structure is consistent with the planned character of the Porters Point neighborhood as defined by the Town of Colchester Municipal Plan as it is infill development.

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 property is zoned Floodplain / R1 and is developed with a seasonal residence.  The Residential One District is intended to encourage low density single family use.  The proposed patio is a functional part of a seasonal structure on the property that will maintain the existing level of use. 

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 seasonal structure is located in the Shoreland District setback and the Floodplain / R1 District.  The seasonal dwelling under construction will not encroach into the setbacks further than the previous seasonal dwelling.  No changes are proposed to the lot size or services to the property.  The patio will increase lot coverage and encroachment in the Shoreland District setback.  It was recommended that the applicant consider pervious pavers for the patio as it will increase lot coverage along the lake.  The adjacent property to the west has a patio or similar structure encroaching between the residence and the seawall in a similar area.  The proposed patio is not dissimilar in size and design to that of the neighbor.

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 construction of a patio to an existing seasonal residence will not adversely affect the essential character of the area or impair the appropriate use or development of adjacent properties.  The area is developed with several seasonal dwelling units. Granting a Conditional Use approval for the addition of a patio to an existing seasonal residence will not change or alter the traffic that is associated with this property.  The use is existing.  The addition of a patio to a seasonal residence will not adversely effect utilization of renewable energy resources because there are no renewable energy resources on the site.

The Board finds the project conforms to Article VIII, Section 8.10.  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 9th day of May 2016.

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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 Michele Ambrosino and HVL Vermont, LLC.  The approval specifically allows the construction of a 110 sq. ft. patio further encroaching in the Shoreland District.    The approval applies to lands identified in Book 785, Page 193 of the land records of the Town of Colchester, Vermont.   The approval is per a set of plans prepared by Richard Henry Behr Architect.  The approval is for property located at 2117 Colchester Point Road, Tax Map 31, Parcel 5, Unit 47 based upon the following conditions:

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

2. Per Section 18-23 (b) of the Colchester Code of Ordinance:  Earthwork shall be scheduled for completion and the site stabilized no later than October 15^th.  By the end of the growing season, perennial cover shall be established and non-vegetated protection measures installed by October 15th.  There shall be no land disturbance activities allowed between the dates of October 15^th and April 30^th.  A waiver of this requirement may be granted by the Director of Public Works, or his designee, following the submittal and approval of a winter construction erosion control plan consistent with the Vermont Handbook for Soil Erosion and Sediment Control on Construction Sites.

3. No excavation, site development or building construction shall occur until the applicant has obtained all necessary permits from the Town of Colchester in accordance with Building, Zoning, Health, and other applicable ordinances that may be required.

4. The approval is for a 110 sq. ft. total addition encroaching further into the Shoreland District setback than the existing footprint of the structure and represents 9.1% of the building footprint.

5. 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 Site Plan approval.

6. By acceptance of these Findings of Fact and Order, the Permittees agree to allow representatives of the Town of Colchester access to the property covered by the approval for the purpose of ascertaining compliance with all local regulations and with this Order.

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 9th day of May 2016.

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_____________________________              DEVELOPMENT REVIEW BOARD