Zoning Board of Appeals — Meeting Minutes — October
4, 2007—7:00
p.m. — Shelburne Town
Hall
A duly posted meeting of the Zoning Board of Appeals was held at the
Selectmen's Office, 51 Bridge Street, Shelburne.
Present: Joseph Palmeri, Lowell Laporte, John Taylor, William Sweeney,
Ted Merrill, Catherine Smith
Absent: Laurie MacLeod
Chairman Joseph Palmeri called the meeting to order at 7:00pm.
Palmeri reviewed a discussion he had recently with Zoning Enforcement
Officer (ZEO) James Hawkins about the Board's interpretation of the so-called
Section Six permits where a property owner can request to change a structure
or use of a property which is currently non-conforming. There is some
differing opinions on the wording of this Town's Zoning Bylaw Section
10.1 and whether the ZEO or the ZBA is supposed to make determinations
about whether a change to the use or structure is truly a change, is "substantially
altered", and/or whether it is "more detrimental" to the
neighborhood. The consensus opinion, which Palmeri is to relay to the
ZEO, is that if he is in doubt he can and likely should refer the issue
to the ZBA under Section 10.1.2. Based on prior correspondence it appears
that Town Counsel concurs with this tact (i.e. file for permission, have
a hearing, and have the ZBA issue a finding).
The Chair recessed the regular business meeting at 7:15pm for the purpose
of conducting a hearing on the request for Special Permit submitted by
Noah Grunberg & Janet Mullen to permit them to renovate an existing
non-conforming dwelling at 9 Gardner Avenue. Refer to the Hearing minutes.
The regular meeting was reconvened at 7:55pm.
The board reviewed the outcome of the hearing that, as permitted under
Section 10.1.2 of the Shelburne Zoning Bylaws, the Board found that the
alteration of the property at 9 Gardner Avenue, as proposed and described
by Noah Grunberg and Janet Mullen, and shown on the Mortgage Inspection
Plan prepared by Daniel Werner dated 9/7/06 and the Site Plan prepared
by Noah Grunberg and dated 8/1/07, will not be substantially more detrimental
to the neighborhood than the existing non-conforming structure at that
location. The Board directed the Clerk to confirm the finding to the
applicant in writing with a copy sent to the Town Clerk and Building
Inspector.
In light of the fact that the Grunberg-Mullen hearing dealt with some
of the same Section Six issues the Chair reopened that topic for further
discussion. No new decisions made.
Merrill moved to accept the minutes of the 9/6/07 meeting, Sweeney seconded,
and the minutes were approved unanimously.
Palmeri reviewed an invitation to a Conflict of Interest/Open Meeting/Public
Records meeting to be held in Shelburne on 12/3/07. Some of the Board
plans to attend. There was brief discussion to think about questions
and issues that remain unclear to the board.
Palmeri discussed that he received a copy of what appeared to be the
most recent revision of the Zoning Bylaws that last year's Ad Hoc Zoning
group had compiled before they were disbanded. Planning Board member
John Payne sent this copy to the Board. At the conclusion of another
meeting Payne was asked to advise on the status of the revisions. He
advised that the Planning Board had not yet made any decision on the
next step, nor have they endorsed this particular revision as the starting
place. Following some discussion the consensus of this Board was that
the current Bylaws definitely need to be updated, and there is mixed
opinion as to what extent. This Board will review the submission provided
to us and catalog changes, concerns, or clarifications at our next meeting,
and then forward them to the Planning Board.
Sweeney moved to adjourn, seconded by Taylor, and it was so voted at
8:59pm.
Respectfully submitted,
John E Taylor
Clerk |
