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Zoning Board of Appeals — Meeting Minutes — January 7, 2010

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 January 7, 2010.

Members Present: John Pollard, John Taylor, William Sweeney, Ted Merrill, Lowell Laporte, Joe Palmeri (arrived late)
Administrative Assistant: Faye Whitney
Members Absent: Catherine Smith

Clerk John Taylor called the meeting to order at 7:15 p.m.

A motion was made by Mr. Taylor, seconded by Mr. Merrill, to approve the minutes of Dec. 3.

Voting in favor: Mr. Taylor, Mr. Sweeney, Mr. Merrill
Opposed: None
Abstaining: Mr. Pollard, Mr. Laporte

Mr. Palmeri arrived at 7:25 p.m. and chaired the meeting from that time on.

Ms. Whitney had sent invoices for expenses to SBA and Verizon. It is not known whether Verizon has yet paid its bill. In a letter, SBA has agreed to pay for legal expenses but wants an invoice directly from Town Counsel.

A discussion took place on whether to allow information to be submitted following the close of a hearing. Additional information is presently allowed to be submitted up to five days after a hearing is closed. Town Counsel said that time period was arbitrary. The Board could length or shorten the time or not allow any additional information at all once a hearing is closed. The Board considering leaving hearings open until all information is presented. Mr. Taylor felt is would be a good idea to allow extra time for information to be submitted but not make that extra time mandatory. The Board made it clear that once a hearing is closed it is closed unless the Board requests more information.

A motion was made by Mr. Merrill, seconded by Mr. Pollard to remove the final two sentences of Article III of the Town of Shelburne Zoning Board of Appeals Procedural Rules and Regulations. The two sentences read as follows: "Memoranda may be filed at the public hearing or within such time thereafter as may be fixed by the Board but in no case later than five days after the public hearings. Other communications may not be accepted."

Voting in favor: Mr. Merrill, Mr. Palmeri, Mr. Laporte.
Opposed: Mr. Sweeney
Abstaining: Mr. Taylor, Mr. Pollard

Mr. Sweeney then read aloud the ZBA rules and regulations as discussed at the December 2009 meeting. The Board noted wording changes with a few additional changes being made. Mr. Sweeney will make the remaining changes. The document will be given to Town Counsel Donna MacNicol. It will the come back to the Board for a final vote.

A motion was made by Mr., Taylor, seconded by Mr. Sweeny, to send the final draft of the rules and regulations and the draft of the hearing continuation agreement to Town Counsel.

Voting in favor: Mr. Merrill, Mr. Palmeri, Mr. Laporte, Mr. Sweeney, Mt Taylor, Mr. Pollard
Opposed: None
Abstaining: None

At 10:10 p.m. Mr. Sweeney moved that the meeting be adjourned. This was seconded by Mr. Merrill. The vote was in favor but not unanimous.

Respectfully submitted,

Faye Whitney, Administrative Assistant