Zoning Board of Appeals — Meeting Minutes — May 15, 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: Ted Merrill, John Taylor, Lowell Laporte, Joe Palmeri,

Absent: Catherine Smith, Laurie Bluver-MacLeod, Bill Sweeney

Chairman Joseph Palmeri opened the meeting at 705pm.

The board jointly completed a “local permitting survey” requested by the MARPA, which asked for information on the types and duration of the permitting process for projects in Shelburne.  Palmeri will fax the completed survey back.

The Board identified a question for Town Counsel based on the MARPA survey – whether the Board has to formally vote to “accept” a submission for special permit or variance, and whether or not that changes the starting date for a final decision (vote) by the Board.

The minutes of the April 5, 2007 and May 3, 2007 meetings were read and accepted with minor edits noted.

The Board reviewed the mail received recently.

Palmeri read a letter dated 4/10/07 from the Northwest District Attorney’s office concerning alleged violations of the Open Meeting Law by the ZBA.  Palmeri responded in writing to the DA’s request for information on April 17th, and included minutes as appropriate and a copy of the ZBA’s blanket posting.

Palmeri shared a letter sent by Curt Gaertner of the EOEEA, dated 3/9/07, which was also sent to the District Attorney in response to the complaint about alleged Open Meeting Law violations.   The letter addressed the operation of the “Ad Hoc Zoning Committee”.

A letter was reviewed from the Board of Selectmen asking for the Board’s recommendation on whether the Town should exercise its “right of first refusal” on a parcel being sold by the Rainville family on Main Street (Route 112) which has been under Chapter 61/61A.

Palmeri moved that the ZBA recommend that the Town exercise its option of first refusal with the condition that the Town seek to preserve the industrially-zoned portion of the parcel for industrial use, as it is one of the only such industrial-zoned parcels in Town.   The motion was seconded by Laporte and voted unanimously.

Taylor reviewed a copy of a memo he had sent to Town Clerk Beverly Neeley to clarify the process of having board minutes available, and who is responsible for supplying them and/or copying them.  Taylor noted that Neeley agreed with much of the memo but did not believe it is her responsibility to have minutes available, nor did she want the task as the memo suggested.    Neeley will be asked to meet with the Board at the next meeting to try to resolve the issue.

The Board discussed the recent questions about charging people who wish to obtain Board minutes, plans, etc.   The Planning Board has adopted a policy similar to that suggested by Town Counsel but there is concern about how the copying costs are calculated. 

Taylor moved that to ask that the Board of Selectmen develop a consistent policy and fee schedule for all Town Boards and Committees for the copying and distribution of public documents, required under the Public Records statute, and distribute this for review.  Palmeri seconded.  Voted unanimously.

The Board reviewed a letter from Board of Health Chair Irene DeJackome who is concerned about a camp and/or “business” being carried on at 100 Brook Road in Shelburne, and that it may not conform to zoning law.   Taylor and Palmeri reported that they both had suggested to DeJackome during previous informal inquiries that she discuss her concerns with the Zoning Enforcement Officer Jim Hawkins, as he has or needs to make a determination which either the owner or someone else might appeal.  Palmeri will again contact DeJackome with the same advice.

Motion to close the meeting at 9:45pm.   So voted.

Respectfully submitted,

John Taylor
Clerk