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Zoning Board of Appeals -- Meeting Minutes -- May 10, 2012

A duly posted meeting of the Shelburne Zoning Board of Appeals was held in the Meeting Room at Memorial Hall, Shelburne, on May 10, 2012.

Members Present: Catherine Smith, William Sweeney, Theodore Merrill, Lowell Laporte, John Taylor
Members Absent: Joseph Palmeri

Chairman Pro Tem John Taylor called the meeting to order at 7:05 p.m.

The Board discussed hearing procedures, Special Permit and Variance regulation.

The minutes of the May 3, 2012 meeting were reviewed. Sweeney moved to accept, Laporte seconded, and the minutes were approved unanimously with Smith abstaining as she was absent from that meeting.

Merrill moved to recess the meeting at 7:30pm to hold a public hearing on the application of Joseph Mattei representing Greenfield Savings Bank requesting a finding relative to Section 10.1.2 asking that the Board find that renovation to the bankís building at 58 Bridge Street will not be more detrimental to the neighborhood. Sweeney seconded the motion, and it was so voted to recess.

The meeting was reopened at 7:52pm, following the hearing. The Board briefly deliberated on the finding, and Sweeney moved that based on the Boardís findings and data shown in plans by Joseph P. Mattei & Associates (Plan A-1 dated 4/12/12, and elevation drawing presented at the hearing) the Zoning Board of Appeals FINDS, pursuant to Sections 10.1.2 of the Town of Shelburne Zoning Bylaws, that the proposed work to renovate the existing Greenfield Savings Bank building at 58 Bridge St (Map 41, Lot 85), including an addition to the front of the building, new brick veneer, new LP tank, and changes to the drive up island, shall not be substantially more detrimental than the existing non-conforming structure or use to the neighborhood, subject to the following conditions:

1. The resulting renovation will be substantially similar to the plans presented at the public hearing, and
2. Any street trees removed will be replaced, with the cost paid by the applicant.

Merrill seconded and it was so voted unanimously.
Voting in Favor: Smith, Sweeney, Merrill, Laporte, Taylor
Voting Opposed: None
Abstentions: None
Absent: Palmeri

Laporte then moved to recess the meeting to hold a public hearing on a separate application from Greenfield Savings Bank for a variance and special permit in order to construct a temporary banking facility and ATM on a lot less than 20,000 square feet at 69 Bridge Street. Merrill seconded and the meeting was recessed at 7:59pm.

The meeting was reopened at 8:23pm following the second hearing, and the Board deliberated on the request for a variance.

Smith moved that based on the Boardís findings and data provided at the hearing (and shown in ìTemporary Bank Trailerî plans by SVE Associates dated 3/27/2012, and property survey by Edward Muszynski dated 5/17/2004) the Zoning Board of Appeals voted to GRANT A VARIANCE to the dimensional schedule of Section 5.2, pursuant to Sections 15.2.1.2 of the Town of Shelburne Zoning Bylaws, to allow Greenfield Savings Bank to construct a temporary banking facility on property owned by Kayfan Realty Company at 69 Bridge St (Map 41, Lot 89), subject to the following condition:

1. The variance will cease two (2) years from the date of this grant.

Sweeney seconded and it was so voted unanimously.
Voting in Favor: Smith, Sweeney, Merrill, Laporte, Taylor
Voting Opposed: None
Abstentions: None
Absent: Palmeri

The Board then reviewed the request for a Special Permit and the material gathered at the hearing. Sweeney then moved that based on the Boardís findings and data provided at the hearing (and shown in ìTemporary Bank Trailerî plans by SVE Associates dated 3/27/2012, and property survey by Edward Muszynski dated 5/17/2004) the Zoning Board of Appeals voted to GRANT A SPECIAL PERMIT as permitted by Section 4.3 of the Town of Shelburne Zoning Bylaws, to allow Greenfield Savings Bank to construct a temporary free-standing automated teller machine on property owned by Kayfan Realty Company at 69 Bridge St (Map 41, Lot 89), subject to the following conditions:

1. The Special Permit will cease two (2) years from the date of this grant, and
2. the Special Permit is limited to the applicant, Greenfield Savings Bank, and
3. the temporary structures will be removed and site restored to the pre-existing condition or better, and
4. the location of the machine will be substantially similar to that shown in the submitted plans.

Merrill seconded and it was so voted unanimously.
Voting in Favor: Smith, Sweeney, Merrill, Laporte, Taylor
Voting Opposed: None
Abstentions: None
Absent: Palmeri

The Board will next meet for a hearing on May 24th for the application for special permit from Mount Massaemet Wind Farm Inc. A meeting will precede the hearings at a time determined by the Chair.

Merrill moved to close the meeting at 8:59pm, Sweeney seconded and it was so voted unanimously.

Respectfully submitted,

John E. Taylor, Clerk