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Zoning Board of Appeals -- Meeting Minutes -- April 5, 2012

A duly posted meeting of the Shelburne Zoning Board of Appeals was held in the Meeting Room at Memorial Hall, Shelburne, on April 5, 2012.

Members Present: William Sweeney, Theodore Merrill, Lowell Laporte, Joseph Palmeri. Catherine Smith, John Taylor
Members Absent: None

Chairman Joseph Palmeri called the meeting to order at 7:00 p.m.

A motion was made by Mr. Taylor, seconded by Mr. Laporte, to approve the meeting minutes of March 1, 2012 with corrections noted. Voting in favor: Mr. Laporte, Mr. Taylor, Mr. Palmeri Opposed: None Abstaining: Ms. Smith, Mr. Sweeney, Mr. Merrill,

The Chair led discussion the citizens' petition to the Planning Board limiting the installation of industrial wind turbines. Members voiced differing opinions including concerns including Merrill's concern that industrial wind turbines should be restricted to industrial zones, Palmeri's concern that the word "principally" in the definition should be better defined, and some wanted a more clear definition in proposed section 2.40. Matt Marchese, representing the Planning Board, noted the Board's feedback and explained the process of addressing the citizens' petition.

The Chair reported on the receipt of a new Special Permit application by Frederick D Field, of Mount Massaemet Windpower Inc, for a four-turbine wind turbine project on Mount Massaemet which appears to be similar but reduced in scope from their prior application. Members were provided copies of the bound submission and asked to review. The application was received by the Town Clerk on April 2, 2012, and the Board has 65 days to hold a public hearing. The Chair will review our timeline and the implications of the citizens' petition and Planning Board's proposed moratorium before scheduling a hearing date. The Board discussed with Marchese the status and intent of the two aforementioned proposals before them. A copy of Field's application was given to Marchese for the Planning Board, and copies provided for the Board of Health and Conservation Commission in their respective mailboxes. The Clerk will also notify those boards by email.

The Chair reported on the receipt of an application from Joseph Mattei, representing Greenfield Savings Bank, relative to a renovation and addition proposed for their existing building at 58 Bridge St. The application is requesting "other relief" in the form of a finding that the proposed changes to the existing non-confirming building do not negatively impact the neighborhood (as per Section 10.1.2 of the bylaws).

The Chair reported on the receipt of a separate application, and subsequent amended application, from Greenfield Savings Bank, represented by Attorney Kevin Parsons, to install a temporary building and freestanding automated teller machine (ATM) across the street from the existing bank branch "temporarily" during construction. The application requests a variance to the lot size and Special Permit for the freestanding ATM. The building would be installed on property owned by Kayfan Realty at 69 Bridge Street. Plans for this Special Permit application were also given to Marchese for the Planning Board, and copies placed in the mailboxes of the Board of Health, and Conservation Commission.

To allow for notification of other boards and reduce possible conflict with Town Meeting, the Board supported a hearing date of May 10th for the two applications relative to Greenfield Savings Bank. The Chair will schedule accordingly.

The Board also briefly confirmed with Marchese about a plan to meet to discuss this Board's recommended changes to the bylaws to clarify issues on the use table, and Special Permit notification process. It was agreed that the Boards will schedule a joint meeting during September. Marchese left the meeting.

The Board reviewed the mail, discussed the need to replace the administrative assistant, the Chair's discussion with the Board of Selectmen on legal fees, and other zoning issues ongoing in neighboring communities.

Merrill moved to close the meeting at 9:25pm, Taylor seconded and it was so voted unanimously.

Respectfully submitted,

John E. Taylor, Clerk