FINDINGS OF FACT

On the 11th day of April 2018 the Development Review Board approved the conditional use application of Douglas and Judith Mulac and Woodland Shores Park RLLP for the construction of 30’ x 40’ accessory structure under Article VIII, Section 8.10 exceeding 50% of the ground floor of the principle structure located in the MHP District. The property is identified in Book 428, Page 85 of the Colchester Land Records. Subject property is located at 1518 Porters Point Road, tax map 46, parcel 27 based upon the following facts:  

1.         DISCUSSION

The application is for the construction of an additional 600 sq. ft. to an existing 20’ x 30’ (600 sq. ft.).  The applicant will demolish the existing structure and rebuild a 30’ x 40’ (1,200 sq. ft.) garage.  The property is located at 1518 Porters Point Road on a 12.85 acre parcel zoned MHP developed with a single family residence, accessory structures and 56 mobile home sites.  The property has approximately 288 feet of water frontage on Lake Champlain.  The applicant submitted a conditional use application based on Article II, Section 2.09,A,2.  The total square footage of all accessory structures shall not exceed 50% of the ground floor of the principal structure except where the parcel is greater than five acres in size this limitation may be removed with approval by the DRB through the conditional use process as defined in Article 8. 

The structure will be used for maintenance of equipment and operation of the mobile home park.  The parcel is located at 1518 Porters Point Road in the area of town identified in the Porters Point neighborhood of the Town Master Plan.  This area includes the majority of the Bay area stretching from the Winooski River and Lake Champlain to the boundary of the Prim/Heineberg/Warners Corner neighborhood on the east to Marble Island/Malletts Head neighborhood on the north

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

The following is an excerpt of the minutes from the April 11, 2018 hearing:

Doug Mulac was present on behalf of the conditional use application.

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

• Overview of the existing 20’ x 30’ garage.
• The garage was built over 40 years ago to store maintenance equipment for the park.
• The existing garage is too small to store larger equipment and not as energy efficient to today’s standards.
• The proposal is for the demolition of an existing 20’ x 30’ storage garage and replacing the garage with a 30’ x 40’ garage in existing floor plan.
• The structure will be on Alaskan floating slab with 2’ block knee wall, T-111 siding, metal roof, hemlock framing.
• Roof pitch will match adjacent front pitch.
• The garage abuts the property near the corner of Woodland Shore Dr. and Porters Point Rd.
• All the setbacks are being met.
• The garage plan estimates about 5 new windows and an entrance door.
• Adjacent existing structured will be reattached to new structure.

Review of the criterial for the conditional use approval:

1. No increase in traffic nor impact to the roadways as a result of the structure.
2. The project complies with the bylaws and ordinances in effect.
3. The structure will not be any more visible from the road than the current garage.
4. No impact to existing or planned community facilities.
5. The new garage is expected to be more energy efficient than the original structure.

The Board reviewed the conditional use application. 

There were no comments or questions from the public.

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

In deliberative session, a motion was made by B. Severin and seconded by Z. Bludevich to approve the conditional use application, with conditions.  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 8.10

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 MHP District.  The year round residence was constructed in the early 1900’s and the mobile home park in the 1940’s.  The parcel is located at 1518 Porters Point Road in the area of town identified in the Porters Point neighborhood of the Town Master Plan.  This area includes the majority of the Bay area stretching from the Winooski River and Lake Champlain to the boundary of the Prim/Heineberg/Warners Corner neighborhood on the east to Marble Island/Malletts Head neighborhood on the north.  This area is a suburban residential neighborhood and is built-out containing a significant number of homes that were constructed in the mid to late twentieth century.   The addition of 600 sq. ft. to an accessory structure is consistent with the planned character of the area as defined by the Town of Colchester Municipal Plan.  The Board found the application meets this criterion.

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 Porters Point neighborhood is to maintain the character of the area and that care be taken to ensure that lakeshore and river frontage development does not detract from the character or present environmental concerns.   The property is 12.85 acres developed with a single family residence, accessory structures and 56 mobile home sites.  The construction of a garage as an accessory structure to a residential property is consistent with the purpose of the district.   The use is an accessory use to the principal single-family residence and a mobile home park and conforms to the stated purpose of the MHP District.  The Board found the application meets this criterion.

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 applicant is proposing the construction of an addition to an accessory structure on an existing residential property.  No adverse impact anticipated as the property is in excess of 12 acres developed with a single family residence and mobile home park.  The Board found the applicant meets this criterion.

The proposed use shall not result in adverse effect on any of the following:

a.     The capacity of existing or planned community facilities;

The project will not affect the capacity of existing or planned community facilities. 

b.     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:  See above answers to one and two.

c.      Traffic on roads and highways in the vicinity;

The addition to an accessory structure will not adversely affect the area.  No additional traffic will be generated as the garage will be an accessory structure to a property developed with a single family residence and a mobile home park. 

d.     Bylaws and ordinances in effect;

The applicant shall submit and receive approval of a building permit for the construction of the single-family residence.  

e.     Utilization of renewable energy resources.

No adverse impact anticipated. 

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 Development Regulations. 

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 Douglas and Judith Trustees and Woodland Shores Park RLLP for the construction of 30’ x 40’ accessory structure under Article VIII, Section 8.10  exceeding 50% of the ground floor of the principle structure located in the MHP District. The property is identified in Book 428, Page 85 of the Colchester Land Records. Subject property is located at 1518 Porters Point Road, tax map 46, parcel 27 with 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 15.  There shall be no land disturbance activities allowed between the dates of October 15^th and April 30^th if disturbance is more than 10,000 sq. ft. or is along the lake. A waiver of this requirement can be granted by the Director of Public Works 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, Development, Health, and other applicable ordinances that may be required.

4. The approval allows for the construction of a 600 sq. ft. addition to an existing 600 sq. ft. structure for a 1,200 sq. ft. accessory structure that shall meet the setbacks for the MHP District.

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 Develpment 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.

7. The conditional use permit shall expire if work authorized und the DRB approval is not commenced and diligently pursued within twelve (12) months of receiving DRB 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 $295.00 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.