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Zoning Board of Appeals -- Meeting Minutes -- February 2, 2012

A duly posted meeting of the Shelburne Zoning Board of Appeals was held in the Meeting Room at Memorial Hall, Shelburne, on February 2, 2012.

Members Present: William Sweeney, Theodore Merrill, Lowell Laporte, Joseph Palmeri. John Taylor joined the meeting at 7:25 p.m.
Members Absent: Catherine Smith
Administrative Assistant: Faye Whitney

Chairman Joseph Palmeri called the meeting to order at 7:14 p.m.

Mr. Palmeri told the Board that Planning Board Chair Matt Marchese had told him the ZBA would have the Planning Board's reaction to the proposal to change the rule of waiting 30 days after notification before opening a hearing to waiting 30 days after notification before closing a hearing by this meeting. That reaction has not yet come.

Mr. Palmeri said he had submitted the Board's annual report and budget request to Executive Secretary Terry Mosher on February 1.

A motion was made by Mr. Sweeney, seconded by Mr. Laporte, to approve the meeting minutes of December 1.

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

Administrative Assistant Faye Whitney gave verbal notice of her impending resignation due to other work commitments, which will be starting in March. Ms. Whitney said she would stay on at least until the end of the March 1 meeting.

It was noted that the Board had received comments on the wind farm hearing, dated January 10, 2012, from the Open Space Committee.

Mr. Palmeri reported on the recent All Boards meeting. There is a need for better communication between town boards.

A motion was made by Mr. Taylor, seconded by Mr. Sweeney, that a note be sent to the Board of Selectmen, as a follow up to the All Boards discussion about email, asking that the ZBA be allowed to have an automatic email reply reinstated on the ZBA email account, to the effect that the Board's email is not monitored and any transmissions received at the site are not official and that official notices must be filed with the Town Clerk.

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

The Board discussed how to provide timely notification of hearings to the various other boards that require such notices. The Planning Board suggested asking applicants to file duplicate applications with the Planning Board, Board of Health and Conservation Commission. The rules and regulations could be changed so that when anyone files for a Special Permit they must sign an affidavit saying that they have filed the application with the other boards. The Town Clerk could date stamp several copies of applications and make receipts that they have been received. Boards could be notified via email. Discussion continued on how and when to notify other boards and who in responsible for checking mail. The rules could be changed to say that applicants must be responsible for notifying other boards. It was questioned whether that should be in the rules and regulation or whether the bylaw should be changed. Mr. Taylor suggested that Town Counsel be consulted as to the proper form of such communication.

Discussion was held on the question of who would pay for consultants and legal fees in the case of a major development, which would have high expenses. The question was asked, "What is the definition of a major development?" Mr. Taylor said the ZBA has a revolving account for fees to go in and expenses to go out.

At 8:50 p.m. a motion was made by Mr. Merrill, and seconded by Mr. Sweeney, to close the meeting. The vote to close was unanimous.

Respectfully submitted,

Faye Whitney
Administrative Assistant