Harbor Place hearing continued to October 19

At its meeting on Sept. 7, the Shelburne Development Review Board (DRB) re-opened the hearing on the Harbor Place appeal filed by Champlain Housing Trust against the notice of violation issued by the Shelburne Town Manager.

The DRB had received post-hearing briefs submitted by the attorneys for both parties since their Aug. 17 meeting. In her brief, Karen Tyler, the attorney for Champlain Housing Trust, noted that they would reserve their right to file an income and receipt of government benefits discrimination complaint under the Fair Housing Act.

Claudine Safar, the attorney for the Town, challenged that assertion, stating that the notice of violation had nothing to do with the status of those housed at Harbor Place, but rather the fact that they were not members of the general public because only persons referred by agencies were housed there.

In an earlier hearing, DRB Chair Mary Kehoe had not allowed questions pertaining to possible discrimination because the DRB was focusing solely on whether Harbor Place qualified as a hotel/motel as defined by the Town bylaws. Given that this issue had arisen again, Kehoe said she would reverse the decision, with approval given by a majority of DRB members, to allow questioning Michael Monte, COO and CFO of Champlain Housing Trust, on this issue alone at the Oct. 19 hearing. At that time, the DRB will also hear closing arguments by both attorneys.

The DRB also continued a Final Plan Application, filed by Christina Pingert for a subdivision on an existing residential lot into two residential lots at 1056 Falls Road, to allow time for the Historic Review and Planning Commission to make a recommendation and for the Fire Department to review the plan.

In other business, the Development Review Board approved:

• a Design Review Application filed by Donald Phelps for a new garage at 104 Shelburnewood Drive. The Historic Preservation and Design Review Commission had recommended approval of the project;

• a Design Review Application filed by William Posey for a new single-story, two-bedroom home with a one-car garage at 43 Fisher Place. The Historic Preservation and Design Review Commission recommended approval of the project;

• a Conditional Use Application filed by Shelly and Maurice Dubois to convert a single-family home into a two-family dwelling at 5119 Route 116. A basement apartment with an existing separate entrance is planned. No changes to the exterior of the home will be made;

• a Subdivision Preliminary Plan Application filed by Frank Talbot to re-subdivide a 113-acre lot at 75 Harbor Road into two lots for existing agricultural enterprises, New Village Farm and One Mitten Farm.

• a Conditional Use Application filed by Jeff Halvorsen for a lakeshore erosion control structure at 422 Land End Lane on Shelburne Point; and

• a Conditional Use Application filed by Shelburne Farms for a lakeshore erosion control structure west of the coachman’s house near the Coach Barn.

Earlier on Sept. 7, members of the DRB had conducted a site visit to 93 Webster Road, where an application for a nine-lot subdivision is pending.

The next meeting of the Development Review Board will be held on Wednesday, Sept. 21 at 7pm in the Municipal Center.

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