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Zoning Board of Appeals -- Meeting Minutes -- March 1, 2012

A duly posted meeting of the Shelburne Zoning Board of Appeals was held in the Meeting Room at Memorial Hall, Shelburne, on March 1, 2012.

Joe Palmeri opened Monthly the meeting at 7:52 pm
Clerk pro tem - Lowell Laporte
Attendees: John Taylor, Lowell Laporte, Joe Palmeri
Absent: Bill Sweeney, Ted Merrill, Katherine Smith

Letter of resignation received from the Board's administrative assistant, Faye Whitney, was read to the attendees.

Mail reviewed: Correspondence received about industrial Wind Turbine moratorium in Ontario, Canada; and two documents from Ray S Hartman regarding wind turbine studies.

The Chair asked Matt Marchese of the Planning Board to attend this meeting to discuss board notification procedure for special permits. Marchese suggested "as a part of the application the applicant attest to the notification of other boards" by mail.
Question was raised whether email satisfied the mail requirement as noted in Chapter 40A. Marchese suggested applicant could be held responsible via signed affidavit to have notified other relevant boards for a special permit. Marchese suggested to "fix the front end by having the application include other boards". The ZBA has concern that strict adherence to a potentially cumbersome application process may impede a timely response to simple and/or small-scale special permit applications. Scalable submission requirements were discussed and the question raised: "How is large versus small discerned?" There remain questions as to what constitutes "a complete application". Taylor was also concerned that the whole process could be voided if an applicant failed to understand and complete the notification process, and the Board's time would be essentially wasted. Palmeri suggested a hearing could be held open pending a response from other boards within an allotted time frame. The intent of these discussions is to notify the planning board before a public hearing, but at least be absolute about communication before a ZBA hearing is closed. Marchese mentioned that the planning board had never gotten applications before the recent wind application. It was noted that the Planning Board is notified of every public hearing we hold, and the expectation was that the Planning Board could ask for information or attend the hearing if they were interested.

Taylor moved to have ZBA provide our current list of By-Law cleanup or revision items for the Planning boards review. Laporte seconded this motion and all voted in favor.

Marchese suggested a joint meeting of both Planning Board and ZBA in September to work on By-Law issues. All present supported the idea.

Laporte moved to approve 12/1/11, and 12/8/11 meeting minutes. Taylor seconded, Voted; all in favor

Laporte moved to approve 1/ 5/12 meeting minutes. Taylor seconded, Voted; all in favor.

Taylor moved to approve 2/2/12 meeting minutes, Laporte seconded, Voted; all in favor.

Laporte moved to close the meeting at 9:50 pm, Taylor seconded, Voted: all in favor.

Respectfully submitted,

Lowell Laporte, Clerk Pro Tem