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Zoning Board of Appeals — Meeting Minutes — February 4, 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 February 4, 2010.

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

Clerk John Taylor called the meeting to order at 7:10 p.m.

A motion was made by Mr. Sweeney, seconded by Mr. Merrill, to approve the minutes of Jan. 7.
Voting in favor: Mr. Taylor, Mr. Sweeney, Mr. Merrill, Mr. Laporte
Opposed: None
Abstaining: None

Discussion was held regarding invoices sent to SBA and Verizon for legal and advertising fees. Faye will follow up on those.

The original bond for SBA had been turned over to the Town Treasurer. A copy will be filed in the SBA file.

Town Counsel has said that emails may be forwarded between Board members as long as no discussion takes place. Email must be kept in the Town Hall and be available to the public if requested. Town Counsel has also said that alternate members of the Board should only vote on decisions when there is an absence, inability to act, conflict of interest or vacancy, among the regular Board members. Counsel further said that if a member is unable to attend all sessions of a hearing, that member may still vote if the member has access to all evidence, has written certification that all missed evidence has been examined, and if the town votes to approve the statute allowing this.

A motion was made by Mr. Merrill, seconded by Mr. Sweeney that the ZBA recommends to the Board of Selectmen that Town Meeting adopt MGL Ch. 39, Sec. 23D, as it applies to the ZBA.
Voting in favor: Mr. Merrill, Mr. Sweeney, Mr. Laporte, Mr. Taylor
Opposed: None
Abstaining: None

A memo regarding the above motion and asking for an article to be placed on the warrant for annual Town Meeting will; be sent to the Selectmen.

Mr. Sweeney read the Procedural Rules and Regulations as amended by Town Counsel Donna MacNicol.

A motion was made by Mr. Merrill, seconded by Mr. Laporte to adopt the Procedural Rules and Regulations with following edits: the filing fee will be changed to $85, subject to verification of approval by the Selectmen; the last sentence of Article 4, Section 3 will be deleted; and the Board notes that MGL Ch 40A, Sec. 11is referenced in the Instruction Forms
Voting in favor: Mr. Merrill, Mr. Sweeney, Mr. Taylor, Mr. Laporte
Opposed: None
Abstaining: None

The Board is indebted to Mr. Sweeney for his work on the document and to Town Counsel for her prompt and complete response.

At 8:35 p.m. Mr. Laporte moved that the meeting be adjourned. This was seconded by Mr. Sweeney. The vote was unanimously in favor.

Respectfully submitted,

Faye Whitney, Administrative Assistant