Zoning Board of Appeals — Meeting Minutes — November 20, 2008
Selectmen's Office

A duly posted meeting of the Shelburne Zoning Board of Appeals was held at the Selectmen's Meeting Room at Town Hall, 51 Bridge Street, Shelburne, on November 20, 2008.

Members Present: Joseph Palmeri, William Sweeney, John Taylor, Lowell Laporte, Catherine Smith, Theodore Merrill
Members Absent: Laurie Bluver-MacLeod

Chair Joe Palmeri called the meeting to order at 8:45 p.m. following a Public Hearing on the application for Special Permit for Industrial Tower & Wireless. The Public Hearing was continued until December 16, 2008.

The Board discussed a new bylaw requirement that the Board of Selectmen and Planning Board be consulted on any special permit requiring a waiver. Options for "consulting" included inviting members of the above boards to a ZBA meeting, ZBA members attending meetings of the other boards or sending an executive summary of the hearing to the other boards and requesting their response. The timing of the consultation was also discussed with some ZBA members thinking the ZBA should make their decision and then inform the other boards and other members thinking that input should be sought from the other boards prior to any decisions being made. It was agreed that the ZBA does not need the approval of the others boards in order to make a decision on granting a waiver, but should gain input from the other Boards prior to a decision.

The Board discussed whether the proposed Industrial Tower and Wireless LLC tower was a new tower or a replacement. It was also discovered that the zoning bylaws seemingly contradict each other regarding whether or not antennas are included in height requirements. All Board members agreed that without an antenna the new tower would meet the town's height requirements and would not need a waiver. John Taylor said that when the findings are written it should be noted that the current bylaws are contradictory.

John Taylor agreed to question the applicant as to why the submitted drawings for the new tower show the antenna on top of the tower instead of on the side of the structure as it is now.

The request for Variance for Richard Broadhurst was again tabled awaiting his request for withdrawal without prejudice. Taylor moved, Laporte seconded and it was so voted unanimously.

• Voting in Favor: Palmeri, Taylor, Laporte, Merrill, Smith
• Opposed: None
• Abstaining: Sweeney

The Board discussed an upcoming meeting with the SBA Group who will meet with the Board for a pre-application meeting concerning modifications they wish to make to an existing telecommunications tower off Cooper Lane.

Joe Palmeri moved to close the meeting at 10:32 p.m., Ted Merrill seconded, and it was so voted unanimously.

Respectfully submitted,

Faye Whitney, Clerk