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Zoning Board of Appeals — Meeting Minutes — January 6, 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 January 6, 2011

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.

Mail included a notice of a public hearing regarding a Community Development Block Grant.

A motion was made by Mr. Merrill, seconded by Mr. Sweeney, approve the minutes of December 2.
Voting to Approve: Mr. Sweeney, Mr. Taylor, Mr. Laporte, Mr. Palmeri, Mr. Merrill
Opposed: None
Abstaining: None

Discussion turned to the draft, prepared by Mr. Taylor, of possible revisions to the home-based business portion of the bylaws. The Board discussed the term "customary home-based business" and felt that phrase gave some discretion to the Board. If an applicant meets all the listed criteria the Building Inspector would automatically grant a building permit. If some of the criteria are not met, and the Building Inspector denies a permit, the applicant could then apply to the ZBA for a special permit.

Section 7.1 of the bylaws lists examples of home-based businesses. The words "not necessarily limited" will be added. If the particular business is not listed in the bylaw the applicant would need to make a case that it should be, Mr. Taylor said that the current bylaw requires any home-based business in any residential area to get a special permit. The intent of Section 7 is to allow some businesses to be automatically permitted without the need for a special permit.

The Board discussed Section 7.5.1 considering the size of the home-based business in relation to the size of the dwelling and/or accessory building. Section 7.5 is in the purview of the Building Inspector. If a business grows too large for the criteria of Section 7.5, chances are it would no longer be classified as a home-based business. The Board agreed to change the definition of home-based business in Section 2.17, to make it both shorter and clearer. The criteria for a home-based business would now all be found in Section 7.

A motion was made by Mr. Sweeney, seconded by Mr. Merrill, that the changes to the home-based business bylaw, as discussed on January 6, 2011, be submitted to the Select Board and the Planning Board with the recommendation that they be presented to Town Meeting.
Voting to Approve: Mr. Palmeri, Mr. Sweeney, Mr. Taylor, Mr. Laporte, Mr. Merrill
Opposed: None
Abstaining: None

Discussion followed on the timing required for a bylaw change. Mr. Taylor will amend his draft document and post the revised document online. After Board members review it, the document will be sent to the Select Board.

At 9:15 p.m. Mr. Merrill moved that the meeting be adjourned. This was seconded by Mr. Laporte. The vote was unanimously in favor.

Respectfully submitted,
Faye Whitney, Administrative Assistant