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Zoning Board of Appeals — Meeting Minutes — May 6, 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 May 6, 2010.

Members Present: Joe Palmeri, John Taylor (arrived at 7:45), William Sweeney, John Pollard, Lowell Laporte
Administrative Assistant: Faye Whitney
Members Absent: Catherine Smith, Ted Merrill

Chairman Joe Palmeri called the meeting to order at 7:15 p.m.

Mr. Palmeri feels that an addition should be made to the cell tower bylaw requiring that all changes to towers must come before the Board to ensure that no detrimental changes would be made. Passing things by the ZBA would act as a safety net. Mr. Palmeri said that he had spoken with Building Inspector Jim Hawkins prior to the April ZBA meeting with the resulting understanding that cell tower changes should all be brought before the ZBA. Mr. Palmeri felt the language of the April motion, concerning a cell tower, may have been too strong since he had previously asked that the ZBA be informed.

Mr. Sweeney noted that minor editing changes to the Rules and Regulations have not yet been done. He will have the changes done for the next meeting.

Town Meeting has approved an article requested by the ZBA, which under MGL Chapter 39, Section 23D, allows a member to vote on a hearing even if the member has missed one portion of the hearing, if all minutes and evidence have been reviewed by the member. The Select Board wanted the approval of the article to be specific to the ZBA since the ZBA was the only board that had requested it. Discussion followed about adding the information to the Rules and Regulations under the section on voting requirements.

Discussion followed on the new rules on dates for posting meetings, where Saturdays will no longer count as days for the posting requirements. Does this rule change the ZBA's 65 days to hold a hearing, 90 days to make a decision and 20 days for appeals, or do those remain the same as a certain number of calendar days. Town Clerk Beverly Neeley will be consulted.

A motion was made by Mr., Laporte to approve the minutes of April 1. Mr. Pollard seconded this.

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

Mr. Laporte is studying bylaws concerning home-based businesses. He has looked at bylaws from Greenfield and Northampton to see how those communities handle home-based businesses. He provided copies of the other towns' bylaws for the Board to study.

Mr. Palmeri asked Mr. Pollard to research how to get zoning bylaws amended. Is it through the Planning Board or is there another procedure.

SBA has paid its outstanding invoice for legal fees.

Three emails were discussed. In all cases the writers were referred to the Building Inspector. The first asked if zoning allowed for in-law apartments if the house is registered with the historic register. Mr. Palmeri has responded that two-family homes have previously been allowed in that area but he does not know the answer to the historic question. The second email questioned why people were asked to vacate a barn on Colrain-Shelburne Road. It is thought there may have been building code violations involved. The third email asked if a fence, which would include a small structure was allowed.

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

Respectfully submitted,

Faye Whitney, Administrative Assistant