Zoning Board of Appeals — Meeting
Minutes — April 3, 2008
Selectmen's Office
A duly posted meeting of the Zoning Board of Appeals was held at the
Selectmen's Office, at 51 Bridge Street, Shelburne.
Present: Joseph Palmeri, Ted Merrill, John Taylor, William Sweeney,
Catherine Smith, Lowell Laporte
Absent: Laurie MacLeod
Chairman Joe Palmeri opened the meeting at 7:15pm.
The minutes of the 3/6/08 meeting and hearing were read and approved
as written. The minutes of the 3/25/08 meeting and hearing were read
and approved with grammatical corrections.
Palmeri opened discussion/deliberation on the variance request of Donald
McLaughlin. The board discussed whether the setback applied from the
Town's ROW or from the property line. The property line is the dimension
to be used. Question on whether a variance can be granted to someone
who is not the property owner. Palmeri read a letter dated 3/29/08 from
Barry Goldstein, owner of the property in question (Vice Block), authorizing
Donald McLaughlin to act as his agent in requesting the variance. Palmeri
also read into record a letter dated 3/28/08 from the applicant revising
the dimensions of the addition to 8 wide x 9 deep in lieu of 8x12, and
a revised sketch of the addition.
Board discussed the 3 requirements for granting a variance, and some
concerns about the lack of detailed "stamped" plans. There
was discussion on the intent of the setback regulation and variance process.
Merrill expressed support for business expansion but felt applicant has
not demonstrated a hardship. Board revisited wording about "relief
may be granted without substantial detriment to the public good...and
without...derogating from the intent or purpose of such ordinance or
by-law". Sweeney reviewed the high threshold/standard required to
issue a variance. There was further discussion of the above and option
of conditional approval of the variance.
Taylor moved that the Board grant a variance to Barry Goldstein and
Donald McLaughlin as his agent for an 8' wide and 9' deep addition as
per McLaughlin's plan dated 3/28/08, subject to the following conditions:
1) the addition be skirted to prevent trash, or rodent accumulation;
2) the owner prohibit parking or storage on the south and west sides
of the addition, with the exception of the existing LP gas cylinder;
and 3) that the variance be conditioned on the continued existence of
the addition/structure, and that the removal or reconstruction of the
addition/structure would require re-approval by the ZBA. Sweeney seconded.
After discussion the Board motion failed and the variance denied.
Voting in favor: Taylor, Palmeri
Voting opposed: Merrill, Sweeney, Smith
Abstaining: Laporte (as not sitting for this hearing)
The board reviewed its findings and agreed that a "majority report" and "minority
report" should be included.
Palmeri recessed the meeting at 8:20pm. At 8:32 the Board reconvened
to discuss/deliberate on the request of Gitsis Realty LLC for a Special
Permit. Taylor excused himself from discussion, and left the table, citing
an appearance of conflict of interest.
The application, plot and elevation plans dated were reviewed. The board
reviewed applicable sections of the bylaws. There was discussion on runoff,
the façade, building height, and abutters' concerns. Palmeri read
a letter from Atty Kevin Parsons as agent for the applicants, dated 3/17/08,
addressing ROW issues and the applicants agreement with Atty Daniel Graves
who represented abutter Gaulin Properties LLC. The plans show a building
of same depth as preexisting building and seven feet narrower as a result
of moving the easterly wall to widen the alley. Laporte expressed concern
about runoff in the alley. Palmeri queried on whether plans stipulate
a brick face on all sides or only in front. Smith addressed abutter concerns
about parking and "the runoff wall" and wanted to verify that
6 parking spaces shown on plan.
Sweeney moved that Based on the Board's findings the Board vote to grant
a Special Permit under Section 13.5 of the Shelburne Zoning Bylaws to
Gitsis Realty LLC to construct a four-story multi-use structure which
exceeds thirty-five (35) feet in height, with no more than three (3)
residential units, and a footprint not to exceed that shown in on the "schematic
site plan" dated 03/24/2008 completed by Kevin Chrobak, and with
a height not to exceed that shown on a "schematic elevation study" dated
03/11/2008 completed by Kevin Chrobak, subject to the following conditions:
1) The alleyway between the Vice Block and the new structure is not to
be less than seven (7) feet in width,
2) Water runoff from the property will be properly drained so as it will
not be directed onto adjacent properties or town ways,
3) The applicant shall maintain a right-of-way for Gaulin Properties
LLC such that "except during the period between June 21, 2008 and
August 24, 2008, applicant agrees to maintain clear, safe and uninterrupted
access over an existing right of way for the benefit of the adjacent
bowling alley owners and their patrons. During the period between June
21, 2008 and August 24, 2008 said right of way may be temporarily blocked
so as to allow applicant to conduct certain construction work. Upon completion
of construction, said right of way shall be returned to its 'as is' condition
or better."
Merrill seconded the motion. After further discussion the Board voted
to grant the Special Permit with conditions.
Voting to Grant: Laporte, Merrill, Sweeney, Smith, Palmeri
Opposed: None
Sweeney moved that based on the Board's findings and in lieu of a Special
Permit, the board vote to grant permission under Section 10.1.2 to reconstruct
the structure as proposed for 33-39 Bridge Street, with a footprint not
to exceed that shown in on the "schematic site plan" dated
03/24/2008 completed by Kevin Chrobak, and with a height not to exceed
that shown on a "schematic elevation study" dated 03/11/2008
completed by Kevin Chrobak. Merrill seconded the motion. After discussion
the board voted to grant permission under Section 10.1.2.
Voting in Favor: Laporte, Merrill, Sweeney, Smith, Palmeri
Opposed: None
Sweeney agreed to prepare the decision/findings for the Town Clerk.
Palmeri reported that the board had received a records request from
Beth Simmonds for all ZBA minutes from July 1, 2007 to date and that
the ZBA Clerk had provided those minutes.
The board reviewed and approved the minutes of the 2/7/08 meeting and
hearing. The board reviewed and accepted the minutes of the 3/27/08 meeting
with one clarification by Sweeney.
The Chair opened discussion on the Special Permit section being proposed
to Town Meeting, and corrected a prior interpretation that the Town could
just add "criteria". Town Counsel has since clarified that
a summary of the special permit process must also be included.
The board met briefly with Terry Mosher and John Payne concerning the
Selectboard's decision to increase the ZBA budget to allow for the Board
to use a clerk to assist with minutes and other logistics. The budget
has tentatively been increased to $4,000 for the coming year.
Members of the Board have attended the recent "informational meetings" presented
by the Planning Board. Since a majority of the ZBA were present at some
meetings the meetings were posted and minutes recorded.
Taylor moved to postpone the regular May 1st meeting to May 8th at 7PM.
Laporte seconded and so voted.
Laporte moved to adjourn, seconded by Merrill, and it was so voted at
10:59 pm.
Respectfully submitted,
John E Taylor
Clerk
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