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Zoning Board of Appeals — Meeting Minutes — July 5, 2007—7:00 p.m. — Shelburne Town Hall

A duly posted meeting of the Zoning Board of Appeals was held at the Selectmen’s Meeting Room, 51 Bridge Street, Shelburne.

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

Absent:  Ted Merrill, Catherine Smith, Laurie MacLeod 

Chairman Joseph Palmeri called the meeting to order at 7:15pm. 

The board met with Norman Davenport in regard to his future request to rebuild the fire-damaged dwelling at 111A Tower Road.  Palmeri advised he had discussed the matter with Town Counsel and she referred the Board to sections 10.1.2 and 10.1.3, and that if the Board could not find that the project met those sections then the applicant would have to go through the variance process.  Davenport had not yet met with the building inspector and it was suggested he discuss the process with the BI first, as he may not need any intervention from the ZBA.

Palmeri reported that Counsel advised that if the Board is granting permission under Chapter 40A Section 6 (changing a non-conforming use/structure), a formal hearing process is not required but it is recommended.  Further, since Shelburne does not require a Special Permit in this case the vote is a simple majority for a Section 6 permit.

The board briefly discussed the status of the zoning bylaw changes, the need for updates, and wondered about the Land Court hearing “Pioneer Nutritional Formulas Inc vs Mitchell Excavating Inc, RVM Realty Enterprises LLC, Bank of Western Massachusetts, and the Town of Shelburne”.

Palmeri reported that Counsel agreed with the Board’s action to hold off on granting an extension of the Special Permit and Variance for Bolio Investments LLC (Letter from Michael Bolio dated 5/4/07).  Chapter 40A is clear that “if the rights authorized by a variance are not exercised within one year of the date of the grant of such variance such rights shall lapse…” and if the applicant wishes an extension the request must be made before it lapses.  Therefore the Board may not grant an extension on the variance since it was granted in August 2005.  Special permits must be exercised within 2 years however.

Palmeri moved to grant a 1 year extension on the Special Permits granted to Bolio Investments LLC, relative to the property at 69-73 Bridge Street, granted on 8/4/05 and filed on 8/18/05.  Sweeney seconded.  After brief discussion the motion was voted unanimously.

The Board directed the Clerk to notify Mr. Bolio of the Board’s vote, and also confirm that his variances have expired, the Board is not permitted to extend the variances, and he must reapply in order to move forward on the project as originally presented.

Minutes of the 6/7/07 meeting were reviewed and adopted unanimously.

Board members discussed last month’s meeting with Town Clerk Beverly Neeley concerning distribution of minutes.  Taylor reported that all but 2 months of meeting minutes (the electronic versions had to be located) were electronically submitted for posting on our web page.  Those two months and the 6/7/07 minutes will be submitted to Mark New (webmaster) following the meeting.   Photocopies of the last twelve months of meeting minutes will be provided to the Town Clerk, for her to include in a binder for easy public access, after tonight’s meeting.

Palmeri reported that the Chairpersons and Clerks of all Boards have been invited to a joint meeting with the Board of Selectmen to discuss the handling of minutes and public records requests on July 18th.  He will report at the next meeting.

Palmeri moved to adjourn, seconded by Laporte, and it was so voted at 9:26pm.

Respectfully submitted,

John E Taylor