Shelburne Selectboard talks potential public parking bylaw, opposes curb cut

By MADISON SCHOFIELD

Staff Writer

Published: 07-04-2025 8:30 AM

SHELBURNE — Selectboard members had transportation on their minds this week, as they considered a potential public parking bylaw, proposed roadwork from the state Department of Transportation and a resident’s request for access to his property through a municipal lot.

The Selectboard agreed on Monday to research possible options for regulating long-term parking in municipal lots and banning motorists from leaving cars, boats and trailers in public parking lots in town.

“It feels like a disservice to the larger community to have those parking spaces essentially privatized,” Selectboard member Andrew Baker said. “I think we need to take a stand and say those are public parking lots, not private parking lots.”

Board members said they have been made aware that there were several vehicles left in town parking lots over the winter.

Town Counsel Donna MacNicol said if the town creates a bylaw banning long-term parking in public lots, the Selectboard could have the Police Department monitor the lot for vehicles that have been parked there for extended periods of time. She recommended first contacting the Attorney General’s Office to see if there are any other long-term parking bylaws approved elsewhere that Shelburne could use as a model.

Discussion around public parking in town arose after the board heard a request from resident James Boehmer, who was seeking permission to create a curb cut in the Bridge Street municipal parking lot between Water and Main streets. Boehmer told the Selectboard that he owns a property on Baker Avenue, which is inaccessible from the street, and he would like to create a driveway through the parking lot to his land.

“Because of the arrangement of the Baker house property, it’s difficult to park cars there because there’s only so much room on Baker Ave. to access the property,” Boehmer told the board. “I would like to have a curb cut to allow a tenant to park there.”

Selectboard members and MacNicol told Boehmer that they cannot support his proposal due to concerns over liability and the precedent it would set for other residents.

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“I don’t believe it’s legally doable,” MacNicol said. “That lot is a public parking lot and it’s not really appropriate for a curb cut. A curb cut is onto a public way. A parking lot, while public land, is not a public way in the same sense. … It’s really problematic to give someone a curb cut into a parking lot.”

She said there are a lot of properties in the village that would benefit from an extra parking spot, but giving up public parking to allow a private property owner better access to their land would set a bad precedent. MacNicol added that doing so would also require approval from Town Meeting voters.

Selectboard Chair Rick LaPierre said the request had some issues, especially given that Boehmer had previously blocked off parking spots with cones and “no parking” signs, and had put up a structure on the town’s setback. The building inspector had sent a cease-and-desist letter to Boehmer, telling him to remove a shed that was constructed on the property’s setback, which the town requires for the maintenance and plowing of the municipal lot in the winter.

“You did block off two spots and put up signs and ‘no parking’ cones. A lot of feathers got ruffled a little bit and then you actually started construction on the carport that you mentioned earlier. You do have a cease-and-desist dated June 6 on that, ordering the immediate removal of it. I drove by today and I didn’t see any action beginning to remove it,” LaPierre recounted. “So that’s a concern. But my understanding is you’re asking us to basically give away access of a town parking space or two, setting a precedent for others who may be interested in us facilitating more access to their properties.”

Boehmer said he did not believe the structure had to be removed because it was temporary. He added that it would be good for the town as a whole to allow his tenants to have space to park.

MacNicol said Boehmer could go to the Zoning Board of Appeals to request a variance allowing him to build within the 10-foot setback, but given that the stretch of land is necessary for maintaining the parking lot, storing equipment and plowing snow, it is likely not to be approved. She suggested he hire a landscape architect who can help him reconfigure his property to suit his parking needs better.

Boehmer told the board he would like to speak with the Zoning Board of Appeals and continue exploring the possibility of accessing his property through the town lot.

“I would like to continue to pursue being able to do this,” Boehmer said.

In other business, Selectboard members also discussed a proposal from the Department of Transportation (MassDOT), which asked if the board would be in favor of MassDOT pursuing roadway improvements such as increasing the size of the accessibility ramp near the Senior Center and raising a crosswalk to make the bus stop near the Arms Library more accessible.

LaPierre said he did not believe the proposed improvements would significantly enhance the bus stop’s accessibility and would instead make plowing the road in the winter more challenging. After calling MassDOT to learn more about the project, LaPierre said agency representatives told them all of the accessibility concerns for the bus stop were previously addressed, but the project could lead drivers to slow down while passing the spot.

“They’re just looking for work to waste money, in my opinion, LaPierre said.

Baker said he would be in favor of the project if residents had proposed it and requested the changes, but given that the proposal came from MassDOT without public input, he would like to see it go to the Planning Board to determine whether the change is needed.

LaPierre agreed he would have liked to see a request come from residents, or for residents to have time to offer input, but given that MassDOT wanted feedback as soon as possible, he suggested the board recommend the agency pursue other projects.

The Selectboard voted to tell MassDOT it is against the project. If the department still wishes to pursue traffic improvements in town, the board recommended the agency reach out to the Planning Board and conduct public outreach to see if the improvements are things residents would like to see pursued.

Reach Madison Schofield at 413-930-4579 or mschofield@recorder.com.