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Zoning Board of Appeals — Meeting Minutes — March 5, 2009

A duly posted meeting of the Shelburne Zoning Board of Appeals was held at the Selectmen's Meeting Room at Town Hall, 51 Bridge Street, Shelburne, on March 5, 2009.

Members Present: Joseph Palmeri, John Taylor, Lowell Laporte, William Sweeney, Theodore Merrill, Catherine Smith
Clerk: Faye Whitney
Members Absent: None
Others present: Carl Gehring, Diane Broncaccio, John Pollard

Chair Joe Palmeri called the meeting to order at 7:08 p.m.

Carl Gehring, representing RCC Atlantic/Verizon was present for a pre-application meeting. Verizon is a tenant on the Cooper Lane tower owned by SBA. Verizon hopes to bring in an underground conduit and also add a pre-fabricated equipment container. The latter would require a bump out and needs a setback variance. The Board questioned which sides of the lot were considered to be the side yard, rear yard and front yard, as set back requirements vary. Verizon currently has whip antennas that rise 20-feet above the 180-foot tower. It is planned to remove those antennas and put in a panel antenna. Variances may be needed for the bump out and a review may be needed for the antenna change.

Mr. Taylor said a Special Permit would not be required but the plan does require review. Mr. Taylor commented that the structural changes asked for by Verizon may be fine, but what about changes proposed by other leasees. Mr. Gearing said the tower's owner, SBA, was coordinating all changes.

The ZBA requested that at a hearing Mr. Gearing must provide stamped drawings, a structural analysis, a cover sheet explaining what is needed and why, proof that RCC Atlantic/Verizon is a licensed carrier, and a letter from the land owner stating that it is all right for the applicant to apply for the changes.

At 7:34 p.m. the meeting was recessed. Mr. Taylor left the head table to sit in the audience for the hearing for Gitsis Realty LLC.

The meeting resumed at 8:07 p.m.

A motion was made by Mr. Sweeney, seconded by Mr. Merrill, that on the basis of the documentation presented by Gitsis Realty LLC including the site plan of February 8, 2008, revised on January 26, 2009, the Zoning Board of Appeals finds that the proposed 57 x 62 foot structure is no more detrimental than the previous non-conforming use under Zoning Bylaw 10.1.2.

Voting in favor: Joseph Palmeri, Lowell Laporte, William Sweeney, Theodore Merrill, Catherine Smith
Opposed: None
Abstaining: None

Mr. Taylor returned to the head table.

The Board scheduled its next meeting for April 2, 2009.

Board member Laurie Bluver-MacLeod has resigned her position. John Pollard is interested in becoming a new member.

At 8:50 p.m. Mr. Taylor moved that the meeting be adjourned. This was seconded by Mr. Laporte. The vote in favor was unanimous.

Respectfully submitted,
Faye Whitney, Clerk