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Zoning Board of Appeals — Meeting Minutes — August 12, 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 Aug. 12, 2010.

Members Present: John Taylor, William Sweeney, Ted Merrill, Lowell Laporte, John Pollard
Administrative Assistant: Faye Whitney
Members Absent: Joe Palmeri, Catherine Smith
Others present: Kevin Parsons, Kathy Young, Nancy Smith, Andrew Smith, Janet Binder, Helen Burnap, Donna Gates, Diane Broncaccio

Clerk John Taylor called the meeting to order at 7:07 p.m. In the absence of Chairman Joe Palmeri, Mr. Pollard was chosen to chair the meeting.

Mr. Taylor noted that the decision made on July 29 regarding the Kaufmann hearing had been filed with the Town Clerk on August 5 and that a copy had been sent to the Building Inspector.

The Board's mail consisted of a notice of a Community Development Block Grant Hearing that had been held on August 2.

At 7:15 p.m. the meeting was recessed for the purpose of holding a Hearing for a Special Permit for the Shelburne Falls Inn LLC.

At 9:02 p.m. the regular meeting resumed, following the hearing.

The Board said they needed to make a decision on the Special Permit application for the Shelburne Falls Inn, and a finding under Shelburne Zoning Bylaw Section 10.1.2 (alteration of a non-conforming use).

A motion was made by Mr. Sweeney, seconded by Mr. Taylor that based on representation by the applicant that the footprint of the structure will not be enlarged and the height will remain substantially the same (less than 35 feet, no more than two stories) the Board finds in accordance with Shelburne Zoning Bylaw 10.1.2 that such change of use shall not be substantially more detrimental than the existing non-conforming building.

Voting to Approve: Mr. Sweeney, Mr. Laporte, Mr. Taylor, Mr. Merrill, Mr. Pollard
Opposed: None
Abstaining: None

The Board discussed whether architectural plans were needed, which would depend on how substantial the project's proposed building changes might be. The Board felt that information was both being taken and received in good faith, but that it would be a good idea to ask for a review of plans.

A motion was made by Mr. Taylor, seconded by Mr. Merrill, to grant a Special Permit to the applicant based on a site plan dated August 5, 2010, an application dated June 21, 2010, an amendment to the application dated July 29, 2010, and letters of support, to The Shelburne Falls Inn LLC under Shelburne Zoning bylaw 4.3, to operate up to an 11-unit inn on property located at 45 Water Street, subject to the following conditions:

1.) Ten (10) parking spaces, which the Board deems as adequate for the need, will be made available on the premises, subject to the parking requirements of Shelburne Zoning Bylaw Section 11.

2.) The structure will not be greater than the existing footprint, the height will be substantially the same, no more than two stories and not to exceed 35 feet.

3.) The guest rooms will not have cooking facilities, nor will there be a restaurant open to the public on the premises.

4.) The applicants will submit architectural drawings and final site plans for the Board's review and comment prior to the issuance of the building permit.

Voting to Approve: Mr. Sweeney, Mr. Laporte, Mr. Taylor, Mr. Merrill, Mr. Pollard
Opposed: None
Abstaining: None

The Board then returned to opening the mail. A letter had been received from the Building Inspector, denying a building permit. The applicant has since withdrawn the request for a permit.

At 10 p.m. Mr. Sweeney moved that the meeting be adjourned. This was seconded by Mr. Laporte. The vote was unanimously in favor.

Respectfully submitted,
Faye Whitney, Administrative Assistant