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Zoning Board of Appeals — Meeting Minutes — July 10, 2008
Selectmen's Office

A duly posted meeting of the Shelburne Zoning Board of Appeals was held at the Selectboard's Meeting Room at Town Hall, 51 Bridge Street, Shelburne on July 10, 2008. (This was the monthly meeting for July, rescheduled from July 3rd.)

Members Present: Joseph Palmeri, Lowell Laporte, William Sweeney, John Taylor
Members Absent: Laurie Bluver-MacLeod, Catherine Smith, Theodore Merrill

The meeting was called to order by Chairman Joe Palmeri at 7:28pm.

At 7:30pm the Board met with Terry Kimball and Atty Ken Chaffee at their request in regard to Kimball's recent request for a variance for his property on Old Albany Road in Shelburne; Kimball's application was denied as it failed to obtain the required four favorable votes. Chaffee, who stated that he was representing Kimball for the purpose of this meeting's discussion only, addressed the Board. Citing the written findings of the board, Chaffee presented the following concerns: Kimball feels that the Board should have granted him the variance; Kimball feels he did show that relocating the garage to another paved area was not feasible; Kimball feels a vehicle garage is a necessity today; Kimball does have a hardship as his wife has a medical condition requiring a covered garage; there is another dwelling on Old Albany Road which appears to encroach into the setback, and that Old Albany Road could be expanded on the east side of the right-of-way and the proposed garage would not be an issue. Chaffee suggested the Board was being too hard in this instance and he encouraged the Board to re-visit the findings in light of this new information, wished the Board gave Kimball an option to withdraw, and further was concerned this was a bad precedent-setting decision.

During open discussion with Chaffee and Kimball Board members explained that during the public hearing the medical issue was never revealed to the Board nor was any specific data about other building setbacks in the area. The Board reminded Chaffee that Kimball had been through the process in 2006 and was familiar with the option of withdrawal, and further that it was the applicant who asked the Board to vote a decision and not continue the hearing. Chaffee explained he was making this presentation to try to avoid a legal appeal under Chapter 40A, although Atty Michael Pill has also been retained by Kimball to do such a filing. The Chair advised that, while the Board did not want to become embroiled in legal proceedings, he did not hear any request for reconsideration and the decision would stand but Kimball does have the option to file an alternate plan and that if the Board considered the changes substantial enough they could consider the new plan (request for variance).

Minutes of the 6/12/08 meeting were reviewed. Sweeney moved, Taylor 2nd, and the minutes were approved. Minutes of the 6/5/08 hearing for Murrow were reviewed. Sweeney moved, Laporte 2nd, and the minutes were approved. Minutes of the 6/12/08 hearing for Murrow were reviewed. Sweeney moved, Laporte 2nd, and the minutes were approved.

Taylor reported that he found that the Board has yet to accept the minutes of the joint PB/ZBA meeting of 3/13/08. Sweeney moved, and Taylor 2nd to accept the minutes written by Rod McBride with some minor corrections noted. Minutes were approved.

The Chair presented two applications for Special Permits. Gregory and Susan Spencer have applied for a Special Permit to operate a U-Haul Rental business on the same lot as their self-storage on the Mohawk Trail. Dorrin Exford has applied for a Special Permit to operate a Bed & Breakfast at her new home on Pleasant Street.

After discussion of summer schedules, the Chair set the site visits for 8/5/08 at 5:00pm. The Spencer hearing will be held at 7pm on 8/7/08 and the Exford hearing at 8pm on 8/7/08.

The Chair reported he'd been contacted by Industrial Communications about Shelburne's process for cell tower siting. He also reviewed memos from the Board of Selectmen concerning how to submit proper invoices and another draft of a job description for a clerical position to aid the ZBA and Board of Health. The Board spent some time reviewing sections of the "new" bylaws concerning parking, definitions, and special permitting.

Laporte moved to adjourn, Taylor seconded and it was voted to adjourn at 10:20pm.

Respectfully submitted,

John E. Taylor, Clerk