Zoning Board of Appeals — Meeting Minutes — April
5, 2007—7:00
p.m. — Shelburne Town
Hall
A duly posted meeting of the Zoning Board of Appeals was held at the
Shelburne Town Hall,
51 Bridge St., Shelburne.
Present: Theodore Merrill, Lowell Laporte, Joseph Palmeri, Catherine
Smith
Absent: William Sweeney, Laurie MacLeod, John Tayor
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Chairman Joseph Palmeri called the meeting to order at 7:10pm
The meeting minutes as submitted by clerk John Taylor for March 1, 2007
were approved by unanimous vote after a suggestion by Ted Merrill to
include the wording “to build and operate a concrete batch plant” from
prior wording “to operate a concrete batch plant”.
Approval by unanimous vote for hearing minutes dated 3/1/07 and 3/29/07
as submitted by clerk John Taylor.
Joe Palmeri mentioned the issue of Attorney Michael Pill’s intention
of a lawsuit against the Town of Shelburne in land court. The documented
complaint dated 2/28/07 from attorney Pill mentions the intention to
withdraw this lawsuit without prejudice if Mitchell Companies as represented
by Attorney Kevin Parsons proceeds with withdrawal of application for
a special permit. The status of Attorney Pill’s intentions remain
unclear. Ted Merrill questions viability of lawsuit in land court over
its bylaws if there is no active case currently pending before the ZBA.
The addendum titled “Evaluation Criteria for Special Permits” was
questioned as to whether it would hold up in court since it’s not
specifically included in current bylaws. This addendum is intended as
a guide for ZBA members. Ted Merrill suggested the drafting a letter
to the Board of Selectmen mentioning some concerns about the current
bylaws. Palmeri agrees but also suggests allowing time for the dust to
settle given the current contention in town.
Laporte speaks to the notion mentioned by some that large corporate
retailers are not likely to locate in Shelburne. Ted Merrill offers his
view that many existing lots in the village residential district are
non conforming to existing lot size requirements, so why require the
minimum lot size of 20,000 sq. feet.
The Massachusetts Association of Regional Planning Agencies asks the
ZBA to fill out a Local Permitting Survey. Information gathered helps
the state agency in understanding issues facing municipalities. This
survey to be completed at next ZBA meeting.
Move to Adjourn 8:45pm. So voted.
Respectfully submitted
Lowell Laporte
clerk |
