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Zoning Board of Appeals — Meeting Minutes — August 3, 2006—7:00 p.m. — Shelburne Town Hall

A duly posted meeting of the Zoning Board of Appeals was held at the Shelburne Town Hall, 51 Bridge St, Shelburne.

Present: Joseph Palmeri, John Taylor, William Sweeney, Lowell Laporte, Theodore Merrill

Absent:  None

Chairman Joe Palmeri called the meeting to order at 7:00pm.

The minutes of the 5/4/06, 6/1/06, and 7/6/06 meetings were read and accepted.

Palmeri reported of a conversation he had with Mr. Hanks representing the Rod & Gun Club relative to the permit process for Deerfield Avenue Realty held in July 2005.  Hanks was concerned that the Rod & Gun Club was not notified of the hearing.  Hanks also stated he did not have any zoning issues per se but there were concerns about lot lines.  With information provided by Terri Mosher, John Taylor sent a note listing the hearing notices and showing that the Club was mailed a copy of the notice.

Palmeri reported that he had a conversation with Town Counsel MacNicol about whether the Town should be sending notices “Certified Mail”.  MacNicol advised “MGL c. 40A, section 11 states that abutters must be notified by mail, postage prepaid.  However, even though there is not a mandate to notify by cert[ified] mail return receipt requested I still recommend it so that you have proof of notification if the need arises.”   She further suggested the Town look at its application fees charged to be sure they are adequate to cover any such costs.   Discussion ensued whether to proceed as recommended by Counsel.  Palmeri suggested that we consult with Terri Mosher to determine if this would complicate the process, and how to adjust fees.  It was also suggested that a “Certificate of Mailing” be obtained which is less costly.  The Chair will report back at the next meeting.

Application received from Marybeth Koreman relative to a Request for Special Permit to operate a Bed & Breakfast at 17 High Street as per section 5.2.4.15 of the ZBL.  The Board set a hearing date for August 24 at 7pm at Town Hall and notices made/sent for posting.  A site visit was also scheduled for August 22 at 7pm.  

Palmeri provided a copy of a letter from the Town Clerk to all Boards concerning Conflict of Interest and the Open Meeting Law.

The Board continued general conversation concerning the proposed revisions of the Zoning Bylaws, which are being considered by the Planning Board including the proposed zoning “map”.
                
The meeting was adjourned at 8:55pm.

Respectfully submitted,

John E Taylor
Clerk