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Zoning Board of Appeals — Meeting Minutes — March 7, 2011

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 March 7, 2011

Members Present: Joseph Palmeri, John Taylor, Lowell Laporte, William Sweeney
Administrative Assistant: Faye Whitney
Members Absent: Ted Merrill, Catherine Smith
Guest: Matt Marchese, Planning Board Chairman

Chairman Joe Palmeri called the meeting to order at 7:16 p.m.

Mr. Palmeri reported that he had recently spent two hours with Town Counsel Donna MacNicol, who made a few minor changes and clarifications to the proposed home-based business bylaw. Mr. Palmeri discussed those changes with the Board and said the revised document had been the version presented to the Planning Board. There had been some discussion by the Planning Board that the ZBA had not approved Town Counsel's changes. It was agreed that ZBA members had approved the original bylaw change with the knowledge that Town Counsel would have input.

The Planning Board has scheduled a public hearing on the proposed bylaw changes for March 21, at 7:30 p.m. According to Town Counsel if a Board (in this case the Planning Board) is holding a posted public hearing and a quorum of another board (such as the ZBA) were to attend the hearing, the second board does not need to post that meeting. It was not expected that a quorum of the ZBA would attend the March 21 hearing.

A motion was made by Mr. Laporte, seconded by Mr. Taylor, that the Board does not object to any of the changes, made on February 24, 2011, by Town Counsel to the proposed changes to the home-based business bylaw.

Voting to Approve: Mr. Taylor, Mr. Laporte, Mr. Palmeri, Mr. Sweeney
Opposed: None
Abstaining: None

Mr. Marchese said he appreciated the ZBA taking the time to draft the proposed bylaw changes. He said the sooner the ZBA could bring the Planning Board into the process, the sooner the Planning Board could be of assistance. The Planning Board will continue to discuss the bylaw changes at its March 8 meeting. Mr. Marchese said there was some concern that the Building Inspector would have to visit each new home-based business. The Planning Board thought perhaps new home-based business owners could sign an affidavit agreeing to abide by the zoning regulations.

The proposed bylaw changes clearly lay out the rules that must be followed so homeowners would know what to expect and gives the Building Inspector the right to issue permits if the rules are followed. Mr. Palmeri said he had spoken with the Building Inspector and had used his input.

Mr. Marchese said an affidavit would provide proof of what a home-based business owner had agreed to do in case circumstances changed in the future. He said the Planning Board might recommend the use of a "user-friendly" form to make implementation of the home-based business requirements easier.

It was noted that the words "so as" had been omitted from the wording of the legal notice. It was determined that was a typographical error, not an actual change.

Mr. Marchese suggested that in the future it would be helpful if ZBA would hold an informal dialogue with the Planning Board to keep them informed about what bylaws were being revised.

It was agreed that Mr. Taylor would represent the Board at the March 21 hearing.

A motion was made by Mr. Laporte, seconded by Mr. Sweeney, to approve the minutes of February 3.

Voting to Approve: Mr. Taylor, Mr. Laporte, Mr. Palmeri, Mr. Sweeney
Opposed: None
Abstaining: None

At 9:09 p.m. Mr. Taylor moved that the meeting be adjourned. This was seconded by Mr. Laporte. The vote was unanimously in favor.

Respectfully submitted,
Faye Whitney, Administrative Assistant