Zoning Board of Appeals — Meeting Minutes — January 10, 2008
Shelburne Town Hall

Meeting Minutes for January 10, 2008

A duly posted meeting of the Zoning Board of Appeals and the Planning Board was held at the Selectmen's Office, 51 Bridge Street, Shelburne.

ZBA Present: Joseph Palmeri, Lowell Laporte, John Taylor, William Sweeney, Ted Merrill
ZBA Absent: Catherine Smith, Laurie MacLeod
Planning Board Present: Charles Washer, John Payne, Beth Simmons, Chris Davenport, Rodney McBride
Planning Board Absent: None

Visitors: Karen Gould, George Dole, Kevin Parsons, Nick Gitsis, Fani Gitsis, Richard Dils

Chairman Charles Washer called the meeting to order at 7:00pm and reviewed the agenda for the evening.

Washer reported that the Planning Board was contacted by Atty Kevin Parsons, representing Nick & Fani Gitsis of 35 Bridge St concerning a bylaw amendment. They ask the Town to amend the height restriction or the "habitational" restriction in buildings over 35'. Parsons was recognized by the Chair and he explained the rationalle for the change and the need for a quick indicated from the Board if they would support such a change. He described that Gitsis' property was destroyed by fire in December and they wish to rebuild but it will not be financially viable without the change. Contractor George Dole spoke about current construction standard, building code requirements, and a time line for replacement of the Gitsis property. The board entertained questions and comments from those present which included concerns that such a change should not be undertaken without much study, that as the safety codes have changed so should the zoning, that the Special Permit requirement should be maintained for buildings over 35', conerns about "spot zoning", that "old" zoning should not inhibit development, and statements that the construction of 2 story buildings was no longer economically profitable.

Member John Payne moved that the Board endorse a zoning change to Section 13.5 to delete the words "is not to be used for human habitation" and insert the word "unreasonably" before interfere; and further to take the necessary steps to hold a public hearing and have said change but on the next Town Meeting warrant. The motion was seconded by Davenport. After further discussion by the Board the motion was passed unanimously. Voting in favor: Washer, Davenport, Payne, Simmons, and McBride. Opposed: None Absentions: None.

At 8:02 discussion about potential zoning bylaw revisions was undertaken. For this purpose, Washer designated John Payne to chair the remainder of the meeting.

The board's reviewed the minutes of the 11/05/07 joint meeting compiled by Lowell Laporte. A motion was made, seconded and so voted to accept the minutes as presented. I was noted for the record that both boards voted unanimously in favor to accept the minutes.

A copy of the minutes from the 11/26/07 meeting was not available for the boards' review.

Payne reviewed the status of the discussion and changes to the draft document made to date. He reported that he had discussed the zoning map with the FRCOG planning staff and they advised that their technology can map points on the map with GIS coordinates, however their system is not sophisticated enough to plot zoning district lines completely. The result appears to be that the town would have to rely on the dimensions shown on the map, or describe the meets and bounds verbally which could be lengthy.

Discussion centered on previous topics:

a) Concerns about allowing "municipal or non-profit trails" by right. Palmeri felt it should be by Special Permit (SP). Gould and Simmons supported his suggestion by citing concerns about buses, trespassing, and trash. After further discussion the item was changed back to SP.
b) Concerns about restrictions on mobile homes. McBride inquired if pre-manufactured homes might be incorrectly classified as mobile homes. Dils stated that state law prohibited the Town from prohibiting mobile homes. Payne suggested allowing mobile homes in parks in the "RA" district. Much discussion on reading of the current bylaw. Taylor inquired whether mobile home parks might be regulated like a subdivision and whether Planning Board should be the SP granting authority in any case since this was a residential development.
c) Discussion on whether to enhance cluster development section 13.7. Payne suggested leaving the section as it is. His suggestion was supported.
d) Palmeri questioned whether residential should be allowed by right in commercial and industrial districts, citing concern about using up limited such land for residential development. Gould objected to the idea as she felt it would result in lost property values and she felt commercial lots were being taxed too high already. Taylor suggested not changing from the Town's current stance, allowing residential anywhere, in this revision and suggested the PB look at the idea in the future.

New topics:
a) The attendees discussed the Community Services section and generally agreed that wireless facilities and other public service facilities should go through the SP process.
b) Payne pointed out that the reference to "Shelburne Mountain" in the cell tower section should be corrected to read "Great Hill".

Payne inquired about the board members feeling about the process and whether the goal should still be to bring a zoning update to Annual Town Meeting in May. Washer stated that the board have too much to do to accomplish the task. Dils encouraged the town to have more public meetings. Gould felt that the new PB members should be given more time to learn about the planning process. Taylor and Palmeri strongly encouraged the boards to continue the process as they felt it was clear that some changes, corrections, and updates are long overdue. Payne suggested that the boards focus effort to complete updating the definitions section, the new use table, the dimension schedule, and the special permit process sections as they are the sections that have caused most concern. There appeared to be support for Payne's suggestion and that any very "contentious" topics be set aside for PB discussion one-by-one after Town Meeting.

Washer moved to adjourn, seconded by McBride, and it was so voted unanimously at 9:26pm.

Respectfully submitted,

John E Taylor
Clerk Pro-tem