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Zoning Board of Appeals — Meeting Minutes — June 3, 2010

A duly posted meeting of the Shelburne Zoning Board of Appeals was held at in the main Meeting Room at Town Hall, 51 Bridge Street, Shelburne on June 3, 2010.

Members Present: Joseph Palmeri, Catherine Smith, Lowell Laporte, John Taylor Members Absent: Theodore Merrill, John Pollard, William Sweeney

The meeting was called to order by Chairman Joe Palmeri at 7:15pm.

The Chair reviewed the mail which included the following items of interest: a) Letter from the Building Inspector to a Main Street resident denying his request to construct a screen house within the set back; citing that in his interpretation a variance is required. b) Correspondence from the Building Inspector outlining his rationale for ordering tenants to vacate an illegal apartment in an outbuilding at 240 Colrain-Shelburne Road. c) Inquiry from a party interested in manufacturing building components in the RA district, and encouraging expansion of manufacturing in town. d) Invitation to training on the Open Meeting Law conducted by the FRCOG.

The minutes of the regular meeting of 5/6/2010 were reviewed by the Board. Taylor moved to approve the minutes with one clarification to the discussion of Chapter 39, Section 23D that a Board member can miss "one portion" of a hearing, rather than "a meeting". The motion was seconded by Laporte and so voted, with Smith abstaining.

Board discussed Town Meeting acceptance of Chapter 39, Section 23D. The Board also met briefly with Selectboard member John Payne to better understand the Board's revolving account for hearings fees and expenses.

The Clerk will develop a template for our agenda to include with our monthly meeting posting.

The Board reviewed Chapter 40A Section 5 with respect questions about how citizens or committees can submit zoning changes to the Town for consideration.

The Chair opened discussion on the Board's Procedural Rules and Regulations. The Board has received mixed answers as to whether the changes to the posting requirements require a change in the Board's procedures. The Board understanding is that any meetings must be posted 48 hours in advance - not including Saturdays or Sundays. The Board understanding is that advertising and filing requirements do not change as they refer to calendar days including Saturdays and Sundays. The Chair recommended that in Section 5 of the R&Rs a new subsection A be added so that the first part of the hearing be "The Chair will introduce the members of the Board and the Applicant will introduce member of his/her presentation team." Also in Section 5 is it was recommended that a note be added to the effect: "All parties, when they initially speak at a hearing, shall introduce themselves with their full name and their relationship to the hearing (i.e. abutter, resident, etc)." The consensus was positive and Sweeney will be asked include these items in the upcoming revision. The Chair asked that the Board be prepared to act on the revisions at the July meeting.

Laporte moved to adjourn, Smith seconded and it was voted to adjourn at 9:13pm.

Respectfully submitted,

John E. Taylor, Clerk Shelburne Zoning Board of Appeals Minutes