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Zoning Board of Appeals — Meeting Minutes — December 2, 2010

A duly posted meeting of the Shelburne Zoning Board of Appeals was held at the Meeting Room at Town Hall, 51 Bridge Street, Shelburne, on Dec. 2, 2010.

Members Present: Joseph Palmeri, John Taylor, William Sweeney, Lowell Laporte, Ted Merrill
Administrative Assistant: Faye Whitney
Members Absent: Catherine Smith,

Chairman Joe Palmeri called the meeting to order at 7:20 p.m.

A discussion was held on the possibility of the ZBA purchasing a scanner, which would aid record keeping. Mr. Palmeri said there was enough money in the ZBA budget.

ITW had not posted a bond as required as a condition of their Special Permit. Correspondence between Mr. Palmeri and ITW indicated that ITW had been waiting for their building permit before they issued the bond. A bond has now been sent but the language of the bond originally said that it would be good for one year. Mr. Palmeri said the bond needed to be good for the life of the tower. The language on the bond now says it will be good "until cancelled as herein provided." This makes it continuous. It was noted that the ZBA decision concerning ITW was made on January 8, 2009. If the permit is not issued by January 8, 2011 it can be deemed expired, since it would be longer than two years since the decision. The Board discussed whether the bond was in order and whether it would indeed be good for the life of the facility.

A motion was made by Mr. Sweeney, seconded by Mr. Laporte, to accept bond #9135753 for $25,000 as presented by ITW, LLC, concerning the tower located off Tower Road, contingent upon review and approval of Town Counsel.
Voting to Approve: Mr. Sweeney, Mr. Taylor, Mr. Laporte, Mr. Palmeri, Mr. Merrill
Opposed: None
Abstaining: None

A letter of resignation from the ZBA by John Pollard was received at the November meeting. It is not known of the Selectmen have accepted the resignation.

The final revision of the ZBA Rules and Regulations, with all edits made and all typos corrected, was printed and signed by the Board.

A motion was made by Mr. Merrill, seconded by Mr. Laporte, to approve the meeting minutes of November 4.
Voting to Approve: Mr. Sweeney, Mr. Taylor, Mr. Laporte, Mr. Merrill
Opposed: None
Abstaining: Mr. Palmeri

Discussion turned to possible revisions to the home-based business section of the zoning bylaws. Minor changes to the definitions of bed and breakfast and inn may be suggested. An inn may possibly be defined as an historic structure. Discussion was held concerning the definitions of hotel, motel, inn, and lodging house. Mr. Taylor will continue to work on a draft of the home-based business bylaw for the next meeting.

At 9:20 p.m. Mr. Sweeney moved that the meeting be adjourned. This was seconded by Mr. Taylor. The vote was unanimously in favor.

Respectfully submitted,
Faye Whitney, Administrative Assistant