Zoning Board of Appeals — Meeting Minutes — December 16, 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 December 16, 2008.

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

Chair Joe Palmeri called the meeting to order at 7:05 p.m.

At 7:06 p.m. Mr. Palmeri reopened the ITW hearing that had been continued from Nov. 20.

At 8:05 p.m. the ITW hearing was closed.

At 8:13 p.m. a hearing for Ashfield Stone LLC was opened.

At 9:06 p.m. the Ashfield Stone LLC hearing was closed.

At 9:22 p.m. Ms. Smith left the meeting and the five remaining board members resumed their regular meeting.

Discussion was held on the application of Ashfield Stone LLC for a Special Permit to establish more than one principal structure or use and for a manufacturing use with greater then 5,000 square feet of enclosed floor area.

Mr. Taylor questioned the parking setbacks. In the Industrial Zone, where the proposed buildings are to be located, front yard setbacks are 50 feet. Mr. Taylor questioned whether parking was included within that. He also suggested that 26 parking spaces might be needed while only 22 are shown on the plans.

The Board discussed the possibility of limiting a Special Permit to an owner, instead of a location. Also discussed was the idea of granting a Special Permit for a larger building than requested by Ashfield Stone.

A motion was made by Mr. Taylor, seconded by Mr. Sweeney to grant a Special Permit to Ashfield Stone LLC to construct and operate a stone cutting/manufacturing facility and showroom on parcels on the west side of Main Street, formerly Colrain Road, Franklin County Registry of Deeds Book 748 Page 238 & Book 642, Page 171, Shelburne MA 01370, subject to the following six (6) conditions:
1. The operation will not exceed 10,000 square feet of total enclosed floor
space used for manufacturing/processing purposes,
2. The operation will not exceed 2,000 square feet of total enclosed floor space
for retail/showroom purposes,
3. The operation is limited to no more than two buildings,
4. The site will be developed and used in a manner substantially similar to
that shown on the submitted surveyed Site Plan dated 12/10/2008, prepared
by Edward Muszynski,
5. The applicant will obtain Curb Cut Permits from the Commonwealth of
Massachusetts for access onto state highway Route 112, and
6. The applicant will comply with all provisions of the Zoning Bylaws, with
particular attention to Sections 11 (parking regulations) and 14
(environmental controls).
Voting in favor: Joe Palmeri, John Taylor, Bill Sweeney, Lowell Laporte, Ted Merrill
Opposed: None
Abstaining: None

Findings will be written within 14 business days.

Mr. Sweeney moved to approve the meeting minutes of December 4 with two corrections. This was seconded by Mr. Taylor.
Voting in favor: John Taylor, Lowell Laporte, Ted Merrill, Joe Palmeri, Bill Sweeney
Opposed: None
Abstaining: None

A letter, sent on Nov. 29, from Richard Broadhurst was discussed. Mr. Broadhurst now has a building permit for a new garage and requested in the letter that his application for a Special Permit be withdrawn.

Mr. Laporte moved to accept the withdrawal of the Special Permit application for Richard Broadhurst without prejudice. This was seconded by Mr. Taylor.
Voting in favor: John Taylor, Lowell Laporte, Ted Merrill, Joe Palmeri, Bill Sweeney.
Opposed: None
Abstaining: None

At 10:19 p.m. Mr. Sweeney moved that the meeting be adjourned. This was seconded by Mr. Laporte. The vote in favor was unanimous.

Respectfully submitted,
Faye Whitney, Clerk