by Carol Casey

At its meeting on Jan. 26, the Planning Commission continued its review of existing subdivision regulations and zoning bylaws that merit reconsideration for further clarification or amendment. Some of these anticipated changes were brought to the commission's attention by John Adams on behalf of the Development Review Board.

One issue is the definition of basement as it pertains to modifying nonconforming structures in the Lakeshore Conservation overlay district. In a recent application brought before the DRB, the members found that the current language may be legally interpreted in a manner that they believed was counter to the intent of the bylaw and they therefore urged the Commission to amend the language. The current language allows property owners to artificially create basements that would in turn allow them to expand the size of their residences to a greater degree than was probably intended by the Commission. After a discussion of whether a simple clarification of "basement" would suffice or whether a different standard should be adopted based on form-based codes, the Commission directed staff to draft and present alternative language at their next meeting. 

Adams also raised the issue of excavations and fill on properties. At present, a special zoning permit is required when more than 1,000 square feet of excavation or fill is anticipated. He suggested that the Commission adopt a definition of landscaping that would be exempted from the permit requirement and extend the need for a zoning permit to all excavation and fill projects. Again, the Commission directed staff to draft and present alternative language at their next meeting. 

Another issue raised by Adams concerned the definitions of building coverage and lot coverage in terms of the inclusion or exclusion of driveways, especially in setbacks and/or in side or rear yards. The positioning of driveways is a key issue as property owners define their building envelopes and design their residences, and the current language has resulted in some rather convoluted designs. The staff will also draft language on the driveway issues for consideration at the Commission's next meeting. 

The Commission also highlighted other issues they would like to consider in more depth in future meetings. These include requirements for landscaping plans, connectivity between and among neighborhoods, preservation of scenic views, and outdoor lighting. 

The Commission continued to be divided on whether to adopt a unified bylaws and zoning code. 

In the public comment section of their meeting, Jeff Zweber, a resident of Bayview Lane, asked the Commission to consider defining the area including the Bayfield, Maple Leaf, and Winter Haven neighborhoods as residential rather than mixed-use districts that would more accurately represent current use and the desires of the residents. Brian Precourt suggested that this topic might be addressed in the Commission's reconsideration of the Town Plan.

Due to a lack of documentation about prior notice, the Commission voted to warn another public hearing for Feb. 23 on proposed zoning changes regarding curb cuts and maximum building size adopted to facilitate the planned reconstruction and reconfiguration of the Rice Lumber property.

In a follow-up discussion on notice requirements for building permits, Dean Pierce reported that the town website has a link listing permits requested by neighborhood. Commissioners discussed whether lists of building permits requested should be run regularly as ads in The Shelburne News and whether "shed" and "accessory structure" need to be clearly defined. A motion made by Toni Supple to require property owners requesting building permits to provide stamped envelopes addressed to their neighbors so that the town could notify them of what is being planned failed by a vote of 2-2 with Commission Chair Dick Elkins abstaining. Further discussion on this topic is likely to occur at future meetings.

Commissioner Kate Lalley announced that the final SDAT report has not yet been received but is expected very shortly. 

The next meeting of the Planning Commission will be held on Thursday, Feb. 9 at 7 p.m. in the Shelburne Municipal Center.