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Zoning Board of Appeals — Meeting Minutes — July 1, 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 July 1, 2010.

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

Chairman Joe Palmeri called the meeting to order at 7:18 p.m.

Discussion was held concerning the ZBA's new revolving fund .The accounting will be handled by Town Hall staff, not the ZBA.

The Board discussed the process for making changes to the zoning bylaws. According to MGL Chapter 40A, Section 5, proposed changes are first brought to the Select Board. Within 14 days the Select Board must send the changes to the Planning Board. Then a public hearing must be held within 65 days. Following the public hearing the Planning Board has 21 days to submit a report with their recommendations. Within six months of the public hearing the bylaws changes must be voted on by Town Meeting. Approval of changes requires a 2/3s majority vote. The state's Attorney General must then approve the changes.

A motion was made by Mr., Laporte to approve the minutes of June 3. Mr. Palmeri seconded this.
Voting in favor: Mr. Laporte, Mr. Palmeri, and Mr. Merrill
Opposed: None
Abstaining: Mr. Pollard, Mr. Sweeney

The Board discussed the receipt of an application from Marc Kaufmann, who is seeking a variance to rebuild a demolished garage at 68 Main Street. Mr. Palmeri and Mr. Pollard do not want to sit on this hearing. The garage could be grandfathered if it were to be rebuilt on the existing foundation. However the Building Inspector has rejected the building permit for the project so Mr. Kaufmann is appealing to the ZBA. The Board felt a site visit would be necessary and one will be scheduled.

An application has also been received from Shelburne Falls Inn LLC for a special permit for a change of use of a structure from a rest home to an inn. Mr. Palmeri said he would remove himself from the hearing because he could have a conflict of interest. Research will be done concerning the definition of "inn."

Following discussion of schedules it was decided that the Administrative Assistant would try to schedule the Kaufmann hearing for July 29, with a site visit a few days prior, and the Shelburne Falls Inn would be scheduled for August 12. The regular Board meeting, scheduled for August 5 will be canceled.

The Rules and Regulations were discussed with a few more changes being made including how and where information will be made available. At 9:45 Mr. Pollard left the meeting.

A motion was made by Mr. Merrill, seconded by Mr. Laporte, to accept the amendments to the Shelburne Zoning Board of Appeals Rules and Regulations made at the July 1, 2010 meeting.
Voting in favor: Mr. Merrill, Mr. Laporte, Mr. Sweeney, Mr. Palmeri
Opposed: None
Abstaining: None

Copies of the changes to the open meeting Law were made and distributed.

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

Respectfully submitted,

Faye Whitney, Administrative Assistant