Zoning Board of Appeals — Meeting Minutes — September 4, 2008
Selectmen's Office

A duly posted regular meeting of the Zoning Board of Appeals was held at the Selectmen's Meeting Room, 51 Bridge Street, Shelburne.

Present: Joseph Palmeri, John Taylor, Lowell Laporte. Ted Merrill, Catherine Smith,
Absent: Laurie MacLeod, William Sweeney
Visitors: Davenport Smith, Karen Gould

This meeting was called to order at 7:12PM by Chairman Joseph Palmeri.

Palmeri reviewed an email from T-Mobile cellular who wishes to co-locate on the "SBA Tower" off Cooper Lane. T-Mobile inquired if they are required to file for any approvals to do such an installation. Palmeri reported that based on discussion with the Jim Hawkins (ZEO) they believe that the bylaw does require that all new "facilities" be reviewed by the ZBA. Palmeri will suggest that T-Mobile schedule a pre-hearing with the Board.

With the arrival of the applicants, Palmeri recessed the meeting at 7:18pm for the purpose of a public hearing on the request by Richard Broadhurst for a Special Permit and/or Variance to replace a garage on his property at 103 Mechanic Street.

Palmeri reopened the regular meeting at 8:00pm.

Palmeri opened discussion on the application of Richard Broadhurst. The Board discussed the merits of the proposal, Mr. Broadhurst's reported hardship, the finding that the house and garage are non-conforming structures (pre-existing to zoning in 1965), and the setback reduction was a result of a taking by the Commonwealth in 1954 in order to construct the Route 2 "by-pass". The applicant has revised the original proposal to a 20'x36' garage in order to accurately reflect the exterior dimensions of the garage.

Taylor moved that, based on the information obtained from the preceding public hearing, the Zoning Board of Appeals find under Section 10.1.2 that Richard Broadhurst's proposal to replace an existing one-car garage with a 20'x36' two-car garage, and renovate the existing breezeway, is not more detrimental to the neighborhood and is therefore a permitted alteration and extension of the existing non-conforming structure, subject to the following three conditions:

(1) The north wall of the new garage will not be more than twenty-six (26) feet from the north wall of the existing main house, and
(2) The front wall of the new garage will run parallel and in-line with the front (west) wall of the existing main house, and as such will not extend any closer to Mechanic Street, and
(3) The applicant shall provide a revised plan showing the amended 20'x36' dimension of the garage overlaid on the existing plan, and showing the set back dimensions on the north and west sides of the property.

The motion was seconded by Merrill. Following further discussion the Board voted to APPROVE the motion.
Voting in Favor: Palmeri, Merrill, Laporte, Smith, Taylor
Voting Opposed: None
Abstentions: None

After discussion with the applicant and his attorney, the applicant requested that the board table the request for a variance and/or special permit to be sure that the Board's action is acceptable to the building inspector, and he agreed that the statutory timeline for action is suspended until the Board's next meeting.

Taylor moved to table action on the request by Richard Broadhurst for a Special Permit and/or Variance to replace a garage on his property at 103 Mechanic Street until the Board's next meeting on October 2, 2008 at the request of the applicant. Merrill seconded. After discussion, the Board so voted unanimously.

The Board reviewed Section 5.3 of the bylaws, as to its wording and intent.

Palmeri reviewed a letter from the Board of Selectmen to Ivy Palmer advising her that her Farmers Market advertising signs are not allowed by Zoning since they are off-premises signs, and advised her to place her signs on private property off the market premises not on street trees. The Board was preplexed.

Merrill moved to accept the minutes of the 08/07/08 regular meeting with corrections: record the members' votes by name, and that the sketches/plans be made part of the hearing file not the meeting minutes. Laporte seconded and it was so voted.

Laporte moved to accept the minutes of the 08/07/08 hearing for Dorrin Exford, Merrill seconded and it was so voted.

Laporte moved to accept the minutes of the 08/07/08 hearing for Greg and Suzanne Spencer, Merrill seconded and it was so voted.

Merrill moved to accept the minutes of the 08/21/08 Board meeting, Laporte seconded and it was so voted.

The Board met with Selectboard Chair Robert Manners. The Board pointed out that under Section 9.5 of the current bylaws nearly every off-premises sign is prohibited and the information provided in his recent letter might be misleading. The Board also discussed the hiring process for a clerk/secretarial assistant, how to obtain legal advise, and resident Christopher Davenport's concerns about the Town's potential legal costs for the recent appeal by Terry Kimball.

It was noted for the record that the Board and voting members were sent a copy of a Terry Kimball's appeal of the Board's decision to deny his Request for Variance so voted on 06/26/2008. The applicant's attorney has made the appeal to Land Court, and the matter has been referred to Town Counsel.

Laporte moved to adjourn at 10:15pm, seconded by Taylor and so voted.

Respectfully submitted,

John E. Taylor
Clerk