Zoning & Subdivision Updates
Planning Commission Hearings on Zoning Bylaws
At its May 25 meeting, the Shelburne Planning Commission conducted a public hearing to consider three possible zoning bylaw amendments. Following the hearing, the Planning Commission voted to advance two of the three proposals to the Selectboard for further consideration. In addition, Staff was directed to update the “zoning change report” to reflect only the two proposals being forwarded to the Selectboard and to distribute the revised report as required. The changes advanced to the Selectboard may be summarized as follows:
1) a proposal to remove the size restriction on Day Care Centers located in the Mixed Use Zoning District, and
2) a proposal to define a use to be known as Local Market with Delicatessen, and allow that use a Conditional Use in the Shelburne Falls Zoning District.
Selectboard Hearings on Zoning ByLaws - Summary of Recent Hearing
Sidewalk / Storage / Signs / Setback Amendments
At its April 11th meeting the Shelburne Selectboard held a public hearing to receive comment on a series of possible zoning bylaw amendments. The amendments were drafted to modify the Town's land use regulations in several aspects. The changes included:
a proposal to clarify sidewalk and path construction requirements,
a proposal to expand requirements governing trailers and storage of waste,
a proposal to modify regulations governing sign lighting,
a proposal to establish requirements for setbacks from private rights-of-way, and
a proposal to modify excavation and fill requirements.
At the conclusion of the hearing, the Selectboard voted to approve the first four elements of the proposal and request further work by the Planning Commission on the fifth element of the proposal. The text of the proposal can be viewed / downloaded using the links on the right side of this page.
Adult Entertainment Amendment
At their meeting on December 20th, 2016, the Selectboard received and acted upon a separate set of bylaw changes. The proposal was drafted to modify the Town's land use regulations by adding language intended to mitigate the adverse secondary impacts associated with adult entertainment facilities while not unduly limiting freedom of speech and expression. The Selectboard voted to approve the changes, having found that:
The Town has obtained and reviewed a range of documents (land use reports, crime impact reports, judicial opinions, expert reports, etc.) providing evidence of the secondary effects of adult entertainment land uses;
The Town reasonably believes these documents to be relevant to characterizing the secondary impacts of adult entertainment uses if such uses were located in Shelburne;
Adult entertainment land uses, as a category of commercial uses, are associated with a wide variety of adverse secondary effects including but not limited to negative impacts on surrounding properties, personal and property crimes, public safety risks, confrontations, lewdness, public indecency, illicit sexual activity and potent spread of disease, illicit drug use and trafficking, litter, aesthetic impacts, traffic, noise, and blight; and further alcohol consumption impairs judgement and lowers inhibitions, thereby increasing the risk of adverse secondary effects; and The aforementioned negative effects, as documented in available literature and evidence, justify restrictions on the locations of adult entertainment establishments and application of relevant review criteria.
The changes became effective 21 days following action of the Board and is now part of the zoning bylaw. The text of the proposal considered and approved by the Selectboard is posted here.