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Zoning Board of Appeals — Meeting Minutes — June 2, 2011

A duly posted meeting of the Shelburne Zoning Board of Appeals was held at the Meeting Room in Town Hall, 51 Bridge Street, Shelburne, on June 2, 2011.

Members Present: William Sweeney, Lowell Laporte, John Taylor, Theodore Merrill, Catherine Smith
Administrative Assistant: Faye Whitney
Members Absent: Joseph Palmeri
Others present: Susan Shea, Patrick Shea

Chairman pro temp Lowell Laporte called the meeting to order at 7:07 p.m.

Mr. Sweeney temporarily left the meeting.

A motion was made by Mr. Taylor, and seconded by Mr. Laporte, to approve the minutes of April 7 with one addition.

Voting in favor: Mr. Taylor, Mr. Merrill, Ms. Smith, Mr. Laporte
Opposed: None
Abstaining: None

Mr. Sweeney rejoined the meeting.

A motion was made by Mr. Taylor, and seconded by Mr. Sweeney, to approve the minutes of May 2.

Voting in favor: Mr. Taylor, Mr. Laporte, Mr. Sweeney
Opposed: None
Abstaining: Mr. Merrill, Ms. Smith

At 7:20 p.m. a motion was made by Mr. Sweeney, and seconded by Ms. Smith, to recess the regular meeting in order to begin a public hearing.

Voting in favor: Mr. Sweeney, Mr. Laporte, Mr. Taylor, Mr. Merrill, Ms. Smith
Opposed: None
Abstaining: None

At 7:50 p.m., following a public hearing, the meeting was reopened by Chairman pro temp Lowell Laporte.

Mr. Taylor said if comments on the just-closed public hearing regarding the application of Susan Shea for a special permit or other relief from the decision of the Zoning Enforcement Officer pursuant to Shelburne Zoning Bylaws Section 4.3 for the purpose of livestock farming on a lot less than 5 acres, were anticipated the Board should wait the full 30 days before making a decision. However, this request seemed to be non-controversial. The application, submitted materials, and points made at the public hearing had answered the Board's questions.

A motion was made by Mr. Merrill, seconded by Mr. Taylor, to grant a Special Permit as required by Section 4.3 of the Shelburne Zoning Bylaws to Susan Shea, to have on her property at 9 Pleasant Street, Shelburne, MA 01370, a movable coop to use for raising up to 12 hens, which will be cooped or fenced on the property at all times; said hens are not to be used for commercial purposes.

Voting in favor: Ms. Smith, Mr. Merrill, Mr. Laporte, Mr. Taylor, Mr. Sweeney
Opposed: None
Abstaining: None

At 8:08 p.m. a motion was made by Mr. Laporte, and seconded by Ms. Smith, to recess the meeting in order to begin a public hearing.

Voting in favor: Mr. Sweeney, Mr. Laporte, Mr. Taylor, Mr. Merrill, Ms. Smith
Opposed: None
Abstaining: None

At 8:48 p.m., following a public hearing, the meeting was reopened, by Chairman pro temp Lowell Laporte.

Mr. Taylor, citing a conflict of interest, did not sit in on the hearing or participate in its discussion.

A motion was made by Ms. Smith, seconded by Mr. Merrill, that under Shelburne Zoning Bylaw Section 10.1.2 the Zoning Board of Appeals finds that the proposed changes to a pre-existing, non-conforming structure, owned by Patricia Schmidt (dba Shelburne Farm and Garden) located at 355 Mohawk Trail, be permitted since the proposed extension and alterations will not be substantially more detrimental to the neighborhood than the existing non-conforming structure.

Voting in favor: Mr. Laporte, Mr. Sweeney, Mr. Merrill, Ms. Smith
Opposed: None
Abstaining: Mr. Taylor

A letter reporting the above finding will now be sent to the Building Inspector and also given to the Town Clerk. The applicant will write a note to the Board indicating that since Shelburne Zoning Bylaw Section 10.1.2 applies, she will withdraw her application for a variance.

At 9:07 p.m. a motion was made by Ms. Smith, and seconded by Mr. Sweeney, to adjourn the meeting. The vote in favor was unanimous.

Respectfully submitted,

Faye Whitney
Administrative Assistant