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Zoning Board of Appeals — Meeting Minutes — August 7, 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 August 7, 2008.

Members Present: Joseph Palmeri, Lowell Laporte, William Sweeney, Theodore Merrill, Catherine Smith
Members Absent: Laurie Bluver-MacLeod, John Taylor
Also present: Greg and Suzanne Spencer

The meeting was called to order by Chairperson Joe Palmeri at 7:34 PM immediately following the closure of a hearing for a special permit requested by M/M Spencer. The Board chose to act upon that request at this time, reviewed the information it had received at that hearing, and noted 1) that the requested Accessory Use was appropriate to the site and its main use and compatible with the intent of Section 2.2 of the Zoning by-law, 2) that all dimensional requirements were met, and 3) that Equipment Rentals are allowed by right in the commercial district. The Board noted further that the town will benefit from the increased business activity and, using Sections 6.6.1 through 6.6.5 of the Zoning By-laws as criteria, that there are no apparent significant adverse effects stemming from the proposed accessory use.

The chair determined that there were no further comments from the Board. Smith MOVED that the Board grant the request made by Gregory and Suzanne Spencer (doing business as Shelburne Mini Storage, Mohawk Trail, Shelburne) for a Special Permit in accordance with Section 4.3 of the Zoning By-laws to add an Accessory Use (viz. a box-van rental business) to their present business at its present location, as outlined in the sketch submitted by M/M Spencer (which becomes a part of the hearing file) and as described to the Board at their hearing immediately previous to this meeting. (See minutes of that hearing.) Sweeney seconded the motion. There was no discussion. The motion was APPROVED UNANIMOUSLY at 7:45 PM.

Voting in favor: Palmeri, Laporte, Merrill, Smith, Sweeney
Voting Opposed: None
Absentions: None

The Chair read a letter from Industrial Communications requesting an exploratory pre-application meeting with the Board concerning a proposed reconstruction of the communications tower just to the north of the fire tower on Mt. Massaemet. After discussion, it was determined that the Chair will suggest to Industrial Communi-cations that we meet at 7 PM at Memorial Hall on Thursday, August 21.

At 8:10 PM, the Chair recessed the meeting so as to hold a scheduled hearing on the Special Permit application of Dorrin Exford to operate a Bed & Breakfast at 7 Pleasant Street.

At 8:25 PM, the Chair called the meeting back into session. Dorrin Exford, 7 Pleasant Street, Shelburne, whose request for a special permit to open a bed-and-breakfast at her home was the subject of the just-held hearing, and Pat and Sue Shea, abutters to 7 Pleasant Street, were in attendance. The Board indicated that they were ready to act upon the subject of the hearing. As details of the request were fresh in our minds, discussion centered on Section 6.6 of the Zoning By-laws.

Consideration of both the general and specific concerns outlined in Section 6.6 resulted in the determination that benefits to the town outweighed any apparent adverse effects. Ms. Exford was reminded of the provisions of Section 2.5 should she provide accommodations for five of more persons per night. Sweeney MOVED that the Board grant the request by Dorrin Exford, 7 Pleasant Street, Shelburne for a Special Permit to operate a bed-and-breakfast at her home, with a maximum of three guest-units, in accordance with Sections 2.5, 4.3, and 11 of the Zoning By-laws, and in accordance with the sketch provided the Board by Ms. Exford (which is made a part of the hearing minutes) as well as with the details outlined by her as noted in the minutes of the hearing held at 8:10 this evening. Laporte seconded the motion, and it was APPROVED UNANIMOUSLY at 8:45 PM.

Voting in favor: Palmeri, Laporte, Merrill, Smith, Sweeney
Voting Opposed: None
Absentions: None

There was a brie discussion of which members would be able to attend the Aug 21 meeting. At 8:55 PM, Sweeney moved to adjourn the meeting, Merrill seconded, and the motion was approved unanimously.

Respectfully submitted,

William R. Sweeney, Clerk pro tem