Gardner's owning board of appeals. It is Wednesday, April 22nd. >> Can you please sign? >> I just said to Mr. Cornet, if I start early, guaranteed somebody's going to walk in.
Okay, before we begin the hearing, I'm going to go over a number of the ground rules by which this board operates. In garden, four members out of five of the zoning board of appeals must be present to conduct a lo a legal hearing.
Applications will normally be heard in the sequence in which they appeared in the public notice. All hearings shall be open to the public and no person shall be excluded unless he or she is considered to be a hindrance to the workings of the board. An applicant may
appear in his or her own behalf and be or be represented by agent or attorney. The applicant or his or her representative shall present the case to the board. Representatives of the city shall be heard. A butters to the property present shall be heard. Those
in oppos o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o opp opposition to the application shall be heard. The board must render its decision regarding variances variance request within 100 days after the application was duly filed in the office of the city
clerk. The board regarding special permits must conduct a public hearing within 65 days after the application was duly filed in the office of city clerk. The board must render a decision
regarding special permits within 90 days after the closing of the public hearing. Closing is the key word. All four members of out of five of the board must vote in favor of the variance
or special permit for it to be granted and approved. The right to appeal the decision of the board is provided for in chapter 4A of the zoning act. The information is available in the office of the city clerk.
No variance of special permit or any extension, modification or renewal thereof shall take effect until notification from a city clerk that the 20 days have lapsed after the decision
has been filed in that office and no appeals have been filed and is recorded in the registry of deeds for the county or district. The board requests that each person identify himself or herself as to name
and address before addressing the board. Sitting on tonight's hearing, to my right, Lori Widow. To my immediate left, Mel Cornet. To my far left, James Bilo. And myself, Ray Leaf
as chair. The meeting will be videotaped and taped. Does anyone object to this? We had known no objection. The board requests that all cell phones be silenced to prevent any interruptions
during the meeting. And you can see we're sitting here with a four member board. So if we do move forward for a decision, it has to be unanimous. Okay? If we're five member, it can be majority.
Okay? Okay, we're going to move around a little bit on the agenda. The first case I'm going to call is case 20126-021. The variance request Stevenson A0 Emerald Street parcel ID R22-25-2
request relief from zoning for decks and front setback reductions. >> Mr. Sen, >> please state your name and address. Steven petitioner uh just uh requesting u withdrawal without register for
tonight. >> Okay. And can I ask why? >> I just we need more time to prepare. >> Okay. We probably have some changes to something want to present. Okay. Uh do I hear a motion to approve this without
prejudice? >> Okay. >> Second. >> All those in favor? I >> I >> oppose. No opposition granted. >> Thank you very much for your time to do this. >> Thank you, Stephen. Okay, the next
case 2025-12-01. This is continuing special permit. The end of Pit Hill 69 Oak Street. I'm going to pass on this because this case owes the city money.
Has not paid. The board is under no obligations. >> We did pay >> to hear the case. Sir, >> we did pay >> four weeks ago. You're not paid for tonight. And then with your gentleman that
presented, I told him clearly to have it within a week. He said, "No problem. Four weeks have gone by. No payment has been made. So if you want your case heard, you see Marola. She'll tell you what you owe, pay it, and we'll schedule
you for next month. >> What do I >> uh you owe $150. >> I'm not going to pay tonight because that's this is post. >> Okay. >> Before the notice went out >> or after the notice went out. I'm sorry.
Also, if there's a plan, >> we also need the plan that we asked for. >> Mr. Patel, also several meetings ago, plans were requested and we really haven't seen much. So, warning, have it
paid. Bring your plans. If you square everything away with Mariela, >> we can see you next month. >> Okay. Next case before the board 2026-3-1
special permit Walnut Heritage Trust 63 Walnut Street parcel ID R27-22-20 convert twotory wing of existing building into a two-bedroom residential coin laundry storage and utility space
additional parking for a two-bedroom unit. >> The representative for Walnut Heritage Trust. >> Good evening. Uh my name is John Geren Lawauer. I live at two Cutter Lane, Westford, Massachusetts.
>> Thank you. >> Now, I know you have your package. I think you have your package. This is the really the I think the only or the primary document for discussion tonight. I do have a lot of copies. If you need me to hand you one, if you don't have it there, >> I do make it easy.
>> I see it. This is is the a the revised site plan >> with the was requested to have to show the um parking spaces and clearances, the driving clearances and whatnot. >> It makes a difference. I spent some time this afternoon.
>> Where is it? >> Oh, you didn't see it? >> I did not. >> Oh, yeah. >> But now I have it. Thank you. That's all I need. >> Well, I'm Well, sometimes I cross my tees and dot my eyes, so I bought extra copies. >> Okay, sir. John first then lower.
>> Yes. Excellent. You speak German? >> You do now. >> Thank you. Go ahead. The floor is yours. >> Okay. So, um the this is asking for an amendment technically what the building commissioner recommended of the prior approved uh special plan and the
addition to this or the change to this would include the there's a parking I should have put a north arrow on on this. North is up on this plan. >> Okay. >> Okay. So on the west side of the building you see one parking space. Now last month I had shown two parking
spaces on that side which would not have uh and it was a gentleman who was sitting over here said it would not have allowed the 18 ft clearance. I went and checked it. He was right. It would not have allowed the 18t clearance. So I had to move that one parking space close to the front of the building. I moved it
out in front of the building at the corner where I did not at the wall curb cut was going to come right in from that existing curb cutting number 10. >> Correct. And and I know there's a concern too about um imperous area. It's
a tight site. It's existing as old 1940 and whatnot. And so what we're going to do is we are we actually reducing the amount of impervious from what it is right now. The asphalt, for example, does go to the it looks like goes right to the property line. We're going to
leave that five foot buffer as required. And so you see the on the west side is a 5ft buffer. It says limit of asphalt. We're going to reassalt the whole property. We'll remove that piece there. So that will be pvious. The new parking space in front will make that a pvious
material. It probably be a geo grid with crush stone, something like that. That's a ge one of those pvious parking spaces. Okay. And of course we're removing on the northeast corner the uh the snow removal area which will be currently asphalt that will be uh pvious as well.
So to summarize what we were asking for now is the approval of this parking uh plan for the eight rental units, seven onebedroom, one twobedroom units total of 10 spaces. There's seven parking
spaces for the seven single bed, two parking spaces for the one two bedroomedroom unit and one accessible unit, handicap accessible unit. That's the 10 total spaces. Any questions about the presentation we
have here? >> Now, on that front parking space, what did you say you're going to put down for a pavement or is it going to be the pvious the new one the pvious one >> is that what it is >> in the front it's going it's is going to be a pvious material and I I looked at several options I think that probably
the most economical is a good you've seen the geog grid the stiff geog grid that's so you get stability and a crushed stone it'll be deep so they have good drainage in there as well it'll be probably and I haven't designed yet but it'll be something like um probably a foot deep say crushed dome with a geo grid so the people that park there now
there'll be a weeding maintenance thing because well they drive on it I think the cars you know that we'll be taking care of maintenance in that regard, but it does leave it as a a pvious park. So, we we mitigate that potential problem. >> Okay.
Are you all set on that? >> I'm all set on that. Yes, sir. >> My question, cuz I do not see it noted here on the west side. >> Yes. is that little slew or
>> that 5ft sliver there, >> the wet area, you know, and it's been the width has changed over time, but there was some effort before you became involved with this property that they were going to either put in crush rock
something and make sure it's channeled out to to Walnut Street. Can you speak on that? Sure. Certainly. Now, it I I can't swear that that existing swale is on our property. I I don't know that. I I'd be
happy to put in a a rip wrap or a crush stone swale there so it be cleaned and drained properly, but I either if it's on my property, definitely I can do that. I plan that 5 foot a a pvious section there and shape it and all, but I I don't I can't work on the next
property if it's not mine without permission. And I would do it if I had the neighbor's permission. >> All right. So, we have a deal. You just said it. >> Okay. >> If it is on your property, >> Yes, sir. >> you will address it to keep >> you'll have it shaped, looked at, and
constructed to retain the water in that swale area, not to go onto your property and not to jump over to the next property. So, it will be retained in however they design it. You'll you'll have to bring in probably a hydraologist
or something to look at that. >> Yeah. And and there was a catch basin as you probably know the cat basin right at the front here someplace where there is on this scale but >> first I I said we have a deal but that's if we approve this. >> Oh yeah yeah yeah. No I understand we're
not done dealing yet. So, yes, there's a cash basin there that would take that runoff and we'll do everything we can to shake that on our property. And as I say, I'd be happy to talk to the neighbor and, you know, if it has to go a little bit there and make it nice >> and if anything that's protecting your
property if it's on your property. >> Yeah, absolutely. Yeah. >> Now, I'm here talking about a previous snow removal area. Where are you going to put the snow now? >> In that area. That's that's that was already proved before, but that's our plan.
>> I understand, but you said previous. >> No, it's pvious. It's pvious meaning that the >> you need bigger print. >> It's be crushed stone. Be a foot of crush stone. Let me know. >> The last time we came with the big 18 by one, I said, you know, I don't think they need that. I'll just hand out it.
I'm sorry. >> No, I'm sure you're going to if you look at this year's snowstorm, the snow levels, you will only be able to pack it up so far. then you're going to have to haul it out. >> Correct. We had that discussion a month ago is that yeah, I wouldn't use this
year as a standard for going, "Oh, we wouldn't be able to do this." But you're right. I think most a typical year that would be adequate. But if it's not, we're going to have to definitely >> haul some snow out and figure it out. Maybe the neighbor lets us pile some on his or I don't know what. >> The board is not going to put a
condition on if we approve this that if you're over two feet, you're going to haul everything out. Yeah. Going to leave that to the management and to you because if it goes too far beyond you're only negatively impacting
all your parking spaces here which you'll have some very unhappy tenants and we do intend to hold this for a long time. We're not building this and flipping it. We're so you'll be unhappy at us. So don't want that.
>> Okay. Anything else? No. Okay. >> Okay. My members have any questions? >> They don't. >> No. >> No. >> I think you addressed all the needs or condition, not conditions, the issues
that we raised last month and it clears it up a little bit more. And do you have anything else you'd like to say to the board? >> I I've said my piece. Thank you. >> I'll ask again members any questions or
anything? >> No. >> No. >> Then would you like to move on this? >> Were there any >> Oh, I'm sorry. I jumped ahead. >> Mhm. >> Just got to make sure. >> Yeah. Please. >> Are there any others who would like to speak regarding this application?
Anybody who would like to speak regarding this application? Any people who would like to speak in opposition to this application? Anyone like to speak in opposition to this application? Any interested parties who would like
speak yay or nay on this application? None. Okay. Are there any representatives of the city to speak regarding this application? There are no representatives of the city that are here this evening.
Uh, I'll ask my members if they have any more questions at this point. >> No, sir. >> Do not. >> Nothing. You're ready to move then? >> Yes. >> Yes. >> Do I hear a motion to move on this application? >> I would make a motion to approve the new
parking plan since everything the radius has been updated and there is room for the cars to actually move. >> Okay. Any I have a second. >> I'll second motion. >> Okay. Any questions or comments?
I have one comment. When you get your plan for the little swale, please submit it to the building inspector prior to any construction beginning. Okay, that's not a problem. >> You like to add that as a condition?
>> Yes. So, Mr. Genflower, we are going to vote and we're going to it's for an approval, but with one condition, the one I just stated that you have to submit the plan to take care
of the water issue to the building commissioner before you get rolling. >> Yes, we just got a permit for the phase one to start construction, but that's spy protection and electrical roughing and stuff like that. We're not even inside the building yet, but so this will be in the summer, but before that,
I'll have a final design in detail to present to the commission for the summer. >> And I mean, if you're doing some interior construction and you're I mean, we're not going to hold it up because they haven't issued your water permit. Uh if you don't issue this, then they can stop this. >> Okay.
>> Right. I understand. >> Okay. So all those in favor with the condition that he submit the I'll call it the water flow permit issue. >> All in favor? >> I I >> unanimous approved. >> Thank you.
>> Thank you. Okay. 2026 03- O2 special permit. Shazad Mammud. >> Was that pronounced correctly? >> It is. That's very good. >> Okay. >> Yes.
>> You say that anyway. >> Um I just >> Sir, yes. >> Are you using your laptop? >> So I let me just take that one out. >> Okay. >> So here's your HDMI. You can connect that HDMI to your laptop
and we will see everything reflect. >> You can leave that one on the table if you like and then you can speak on this microphone. >> Is everyone able to see the um the presentation? Did you get this? >> I'm not sure if you covered all my check
marks. Thank you. >> Maybe we can move the the little HDMI on the side just a little bit to make sure that it's all completely in. >> Oh, this is system is being very disagreeable.
Yeah, it doesn't want to function today. I want >> Why don't we just take a five minute break while we address our technical issues? >> May I touch you? Those will come out of the fivem minute recess and may proceed.
>> Thank you. Um so thank you board members for allowing me to uh speak today. Uh my name is Shazad Mimmude. I work with Kimley Horn. Kimley Horn is a architect engineering firm um that works throughout the United States. We were hired by SBA Communications. SBA
Communications is a cell tower owner and developer um throughout the US. Um, SBA Communications, uh, is a company that works very closely with what we like to call the big three, which are AT&T, Verizon, and T-Mobile for wireless
carrier coverage. That being said, um, they found that an area within Gardner had a significant area of need for coverage and capacity. Um they went on to uh get an agreement with uh with the
Walmart that's located at 677 Tony Boulevard here in Gardener and working closely with SBA Walmart um and and and with us we were able to find a location on the existing Walmart that we believe would be the best location in order to
provide that coverage. So here right now is just uh a simple uh rendering of the uh tower that we are planning to propose. Uh again the zoning uh designation for this area is C2. What we are proposing is a 130 foot monopine
cell tower was which is considered >> is that some up on the the top is that some pines >> correct >> that's some of the camouflage >> that's the camouflage that the antennas that you normally see will be actually covered by uh faux branches uh tree
branches and actually the location as I go further is actually located within a wooded area so it it >> you know it assists with that visual impact, it's not as strong. Um, >> I'm going to jump ahead. >> Sure. >> Because you've got that covered in the
top depending on the terrain in the pitch, etc. >> Mhm. >> And I know there might be some needed for camouflage on the lower parts or it may be hidden by the trees, the pines, the brush. >> Correct. >> So, you can address that.
>> We can and I I'll definitely address that. That's a good question. Um, so, uh, to go back to to the slides, the tower meets all state, local, and federally regulated requirements. Um, the site meets all FCC requirements as
well as FAA requirements. Um, and I'll I'll further that so you guys can have some more information as well. Here's just a location um, of the tower itself. As you can see, um, it's located in, let's just call it the southeast
corner of the Walmart. Here is the, uh, preliminary design, uh, of the location of the tower. The compound is located, like we said, within, uh, a wooded area. The site meets all the setback requirements that are um that are called out within the
zoning district and the existing Walmart. So, the plan is for access to come off of the existing uh Walmart access that's already there. No new access is being proposed. Sorry. Yes. >> Yeah. I guess my question would be why
located so close to the uh the main road structure versus towards the back of the property. >> So, we tried to actually our goal is to try to find a spot near the back. There's a lot of existing utilities and easements that are already in place and there wasn't an open area that we could
fit a compound of this size. So I'm going to show you additionally. So the way we design the way SBA designs their compounds is from day one they request that the uh we lost the other
from you have it. >> I'll try to continue. Yeah. Um, so the compound itself is a 45x 50 foot compound. Um, each one of the carriers have to place ground equipment onto uh
onto the bottom of the compound. Oh, and is it the key? >> Oh, there we go. It's going to be in the wires. There it is. >> Don't break. >> Just go right ahead. >> Thank you. I'm try to go fast.
>> No, don't be fine. >> So, as you can see, there's ample space. Those rectangular um dashed areas are are normally the size of compound or size that each one of the carriers need. So from day one, we want to design a site where another where it has enough
space for AT&T, T-Mobile, and uh and Verizon to come in and place their equipment so that they don't have to look across the street for another tower or that you don't have them coming to this board saying, "Hey, there's no space on this tower. We need our own new tower." And you guys don't have a
prolification of towers. Um in >> what is the size of those units >> of those >> those little those rectangles? I would say 15 by 20. Um sometimes 10 by 20. They vary a little bit. Um but they're usually around that around that size.
>> It's a stand. It's up standing up. >> Yeah. So they're they're usually >> ground. >> Correct. They're not in the ground. They're going to be cabinets or small shelters kind of like sheds I would say to a certain extent. Um the two uh the two requirements for the site when it
comes to utilities will be power and fiber. Um there's going to be an H frame where the that power and fiber will be demarked to and um our plan is for that all to run underground. Um we still have to reach out to the local utility company and and do that. Also what we
did in order to mitigate um camouflage is we're proposing landscaping at the entrance um of the compound uh as well that meets the you know the vegetation and and that's in the area that's very similar to that surrounding the entire
compound is existing vegetation and existing trees as well. >> I'll just interrupt for a minute. >> Mhm. >> Um you're going to have some rubbery or something. >> Yes. the board has the ability to almost dictate what kind of shrubbery as long
as it matches. But if you've got a plan that shows the type of shrubbery, the height you're going to put it in, um, where it's going to be located >> and utilizing whatever is existing today, >> that would be great because
>> it that's what that Yep. That's what we have, sir. >> Yep. >> That's exactly it. So the the table on the right shows type, size, um, and and and amount uh on there as well. Um, let's see. Okay,
>> going. Well, it's still I'm still wrestling with >> why you can't put that more towards the rear of the property because when someone comes up around the corner in that direction, you're going to have this big tree sticking about, you know, 100
ft above the other trees >> and it's got and it just looks odd. Um, I understand if there's no alternatives, but again, I want to make sure that you we've truly vetted that area. If there's no other options,
>> we we 100% even Walmart prefers that the towers be located in the rear. That's our first uh area that we look at to try and place these towers. We we had I want to say three locations that we went through and we tried to put the tower
back there. But uh again, there were existing utilities, water lines, gas lines, and there were easements that were running all through it that would that made it extremely tough for us to be able to fit this size of compound back there. >> Now, does that also give you for your
fall zone, >> if it's 130, you need a 65 foot radius all the way around it? We absolutely meet that. And I have another slide to show you that that will absolutely quail. So the the shortest distance the
property line right now is 169 ft. >> And I I have another So let me let me just I'll keep going here. The tower itself. >> Is that also from that parking area that you're next to um out in the corner? Because you're putting that up right
next to a an existing parking lot that I know they use too too often, but I do see people back there. >> Mhm. >> Now, is that going to be cleared for the fall the fall zone >> because you need a what 130 ft drop?
>> Correct. So, no, I mean the that's not going to be clear of the fall zone, >> but >> but let me just go to this slide here. So, SBA designs its towers with what's called breakpoint technology. Now breakpoint technology basically means
that if the tower were to fail from a catastrophic event, the tower would essentially fall on itself. It's designed in a way that if something were to happen and and this here what I'm sharing with you to the right where it says saber s a b r e is the tower
manufacturer. They provide you with a signed and sealed letter from the engineer that manufactures the tower. And on it I I circled the red and you can see it it states that there will be a zero fall radius. Meaning again the tower will fall if in the event that
there is a catastrophic event it would fall within itself. It would not fall is designed to fall on itself within the compound and that means that it would not fall within the the parking area. >> Understand? that our requirements clearly state that you need a fall zone
when there's a certain parameter of that area. So if you want to avoid that, I'm not sure whether we need a variance or what we'd have to do to >> I I believe that's to to the property line not not to existing like not to the
actual property itself. That's to adjoining properties that we have to be >> it's a false well we can we'll we'll look at it. >> Okay. >> But >> absolutely >> it is a concern. >> Understood. Understood.
Um so so back to this slide uh as as I was saying so the other thing that SVA uh ensures is that the tower itself from day one is designed to be structurally capable to um take on the equipment of multiple carriers. Again um doing that
so that carriers would not have to go across the street. New carriers will be able to once the tower is up install right away not require additional modifications or anything of that nature. Um, also the tower height that we are requesting is below the maximum
190 foot allowable height that's set forth within the zoning code. Here I was showing you all uh the FAA uh and the fall zone letter uh on this slide. The FAA uh clearly states that the tower itself uh is is of no hazard
um and that no tower lighting is required. The area that I've um that I've circled in red again uh states that that tower lighting is not uh necessary here as this uh tower is not within a flight path. Here we we created uh photo simulations
um of the tower um from four different vantage points. Here is vantage point number one and this is when there was full foliage. So we tried to give you guys a picture of when there is full foliage and then when when there isn't.
Number two, and this is directly in front. So, this is in the parking lot itself. This is looking directly at the site in the parking lot. One here is from across the street and this is at the furthest end of the
Walmart. Um, these next slides, uh, we also have a representative here from AT&T as well. Um, and, uh, if you have questions associated with this, I'm going to do my best to be, uh, to answer your questions associated with this slide, but if you do have questions associated with it,
they're also here to answer your questions. So, this slide here shows the different towers that AT&T currently is on within, you know, within a 2, three mile radius. And these next few slides represent the
RF. So RF represents how your cell phone works. Uh the RF emissions and how how far they are able to reach. So the star in the middle, I'm not sure if you guys can see it, but that blue star is where our current site is proposed. So as you
can see, there's quite a bit of So where you see the green and orange, that represents good coverage. Um but where you see white represents poor to no coverage at all. So if we were to turn this site on, this is what would happen to the coverage in the area. It would go
from this to this >> based off the terrain. Sorry, >> that's that's assuming 5G versus, you know, the the slower version. >> So this is coverage in general, but yes, this would this is assuming
>> a higher frequencies that it's a smaller range. Correct. Not that much. >> That's correct. That's correct. The higher it goes, the shorter the range becomes. But as you can see here between the two slides, you can see the difference between the coverage, the different roads that it will provide coverage.
>> This is 5G. Correct. >> Correct. Correct. >> Any other questions on these slides? >> These two. Um, next I just uh like to add that uh the Telecommunications Act of 1996
regarding RF emissions that um federal law section 704 of the act prohibits denial based off of RF emissions. Local governments uh cannot regulate or deny wireless facilities based on environmental or health effects of RF emissions. And this applies if the
facility complies with the FCC regulations, which which this does. I also would like to just talk a little bit about um nonionizing versus ionizing emissions. So nonionizing emissions which is the RF that's emitted from cell
towers. These are used by wireless facilities um and includes radio waves and microwaves. It does not have enough energy to damage DNA or ionize any atoms. It's regulated by the FCC um for safe exposure levels. Now ionizing
emissions which are not used in telecom those include X-rays, gamma rays, has enough energy to remove electrons uh from atoms and can damage DNA and associated with health risks. Um this is when you go to the dentist and they put the the you know the lead suit on you in
order to protect you. That's that's that type of ray while this is completely different. What what RF does is completely different. Lastly, uh why approve? Uh we're consistent with the commercial wireless telecommunication towers and antennas
development standards and collocation requirements in the land development code. The area needs service improvement as shown through the coverage maps. Um limited visual impact uh on the surrounding area. We're going to provide increased telecommunication coverage
capacity and reliability in the surrounding communities and roadway networks. and we're providing opportunities for collocation for public and private providers including emergency services. Um the last thing I I just want to leave you all with I I do quite a few of these um these hearings
in front of boards and we had something unique happened at a recent board um where I was giving a very similar uh presentation at that board. Um the police chief actually came up and spoke uh about how important having coverage
is in an emergency event. Um that police chief stated, you know, it's very clear now that, you know, cell phones are here to stay. They're not going anywhere. And when there's an emergency, the first thing we do is we pick up the cell phone
and we call 911. If that if that doesn't work, if that does that call doesn't go through, which is what we are saying is a possibility because there is no coverage in this area. If there is an emergency or catastrophic event, someone is stuck, a snow event, a anything of
that nature and they're unable to make a call. Minutes matter, you know, all that matters. So, I just I'd like to leave that with you all. Again, thank you so much for your time and um we also have representatives of uh of AT&T here as well. So, if you have any questions, >> I have a question first,
>> please. Yeah, >> we had a proposed cell tower in Gardner just off of Route Two uh by um >> who >> car dealership on 2A
that was going to pick up some of the errors that you showed. death tower is not being built is and I don't know if yours is going to reach out anything to that area
again >> that's where Salvador the dealership Salvador for Jeep and Ram >> right off Route two >> right off of there two and two 2A >> Mhm. two ways going what was east and
west but >> do you know how far that is from the Walmart miles >> as a crow flies >> it's not that far >> if it's not that far then this is going to cover that area
>> because I said this is my drawing here's Walmart >> yep >> this is Walmart Salvador is like over here you've got street the Walmart or 68 Tany. >> Mhm.
>> When you come out of Tiffany, Walmart's behind you. You come to 2-way. You got a 99, McDonald's, everything right there. >> If you take a left and probably go a
quarter mile, that's where Salvador is. >> Looks like it's in this way. >> It's probably sir. >> Excuse me. that West Broadway Street. >> Yes. >> Yes. >> So that that is a tower we're aware of here with AT&T. That tower is too close
to existing sites. >> You know, because that was an issue brought up when they were proposing theirs >> because that's a weak area. >> Plus, I'm not sure they're going to have a building. >> Not sure they're ever going to put one in there. >> They probably won't.
But now before you depart as gentleman comes up >> on section H for telecommunications number four talk about annual certification that has to happen. >> Yep.
>> You're fully aware that has to be submitted >> to the building commissioner on an annual basis. >> Absolutely. We do it for many of our sites uh here in the local jurisdiction. >> Yeah. that sometimes is overlooked. >> No. Yeah, fully aware.
>> It does appear that it improves the area here somewhere to your question. >> I just wanted Mr. Cornet, you want to talk about fall zone before this gentle gentleman leaves? >> Yeah. I mean, looking at our our
ordinance, it it clearly states that the fall zone, as I inter and I may be incorrect. Needs to be about the same height as the tower. So, you're looking at about 130 foot from wherever you place the tower.
And that puts it square into that parking area. So, if we move down this this uh path and and gets this approved, then one of the concerns I would have is that would you'd have to have no parking in that area.
And that would be even if we provided you guys with the fall zone letter signed and sealed by an engineer. >> Well, the ordinance clearly states the fall zone requirements. >> It does if you want. >> Yeah. So I guess our interpretation of
that was associated with it being 130 ft from the property line. So if it would fall, it would fall on the property itself, right? So it's it's not falling on any. So, I'm just from my experience with the code >> if if you fall
130 ft towards that parking area, is it going to go in the parking area? >> Cuz I don't know how far off the uh away from that parking area you are. >> It will. >> Yeah. just as what he's addressing in under the section
G under uh C 2G and the first four words are to ensure public safety. So I see where Mr. Cordat's going. If you know if the
parking area is not used, different story. If it's marked off as no parking, you know, they're not supposed to park there. That doesn't mean they won't, but >> and no trespassing >> and then they're trespassing. But it
starts off just to ensure public safety. the minimum distance from the base of the ground mounted wireless facility to any property line, road, habitable dwelling, business
or institutional use or public recreational area. >> Sir, you you mentioned property line in that verbiage, correct? >> They mentioned what >> property line. Can you read that part again? It says to any property line
>> property line is not going to stop the tower >> to property. >> No, I agree. I'm just the way the way that that we interpret the code and and that it's been interpreted in other jurisdictions and you guys have the right as you see fit. I'm just giving you our opinion and um and and just
letting you know that when we read that as property line to us it meant that we are 130 ft away from the property line which we are. >> Okay. Let me ask you a question. >> What property line? >> From the adjoining property line from all all property lines we're more than
130 ft away. >> So if it falls 130 ft it's going to stay on your property. >> Correct. >> And so therefore there's no reason to park anything there if that property is is the current parking area. >> Mhm.
>> What I'm asking are you're going to shut that down so there's no one in there for safety reasons? >> No. >> My question was >> how many failures have you had of the of the bowl falling or
>> ex extremely rare? Extremely extremely rare. In a hurricane event, tornado event, that is when a tower has fallen. Extremely. These towers are designed to withstand 140 mph winds and will provide sign and
seal drawings that state as much. You all set? >> I'm all set. I just understand that if we do go down this path, I'm going to push for a condition. >> We'll talk about it when we get there. >> Understood.
>> You have another gentleman who wants to present. >> No, only if you have questions. Is there anything that you guys would like to add? >> Just you want me to come here. My voice. Okay. >> And name and address. >> Hi. Uh Chris Dwight uh 94 spectac.
Our company was hired um by AT&T to fill a gap in coverage. The site um that we identified that best does this is this specific site at the Walmart. And so we're here in support of this application because we would like to colllocate on this facility and fill the
gap in coverage that was demonstrated on the maps that you see there. >> Thank you. Do you have anyone else? >> Okay. >> Do you have any questions? >> The only question I might have is does
the zoning enforcement officer need to weigh in on the certified mechanical letter for the actual >> the one he referenced in the boat. >> Yeah. >> It's not going to fall,
>> right? or if it does, it's going to fall down. >> Right. >> Did you share that letter with our building commissioner of the letter you referenced at your beginning? >> She's also the zoning enforcement officer. >> I know we spoke about it. We had a
pre-application hearing. We let them know that this is something we were going to do. Uh we let them know that we design all of our towers with a fall zone. Um, they did not bring up the same issue that we're bringing up today associated with it falling uh on the
parking lot. I believe they I don't want to speculate. >> So, yeah. All right. And she's not available tonight. I know that. >> All right. Let's keep proceeding and we'll see where we go. >> Okay.
>> Okay. Are any abutters to this property present who would like to speak in favor of this application? Any absut property that butters to this property present would like to speak in favor of
any abundance to this property would speak against this application. Anybody here that would like to speak in opposition to this application? None. Any interested parties who would
like to speak either way? Yeah. Your name? Any representatives of the city? There are no representatives of the city. Okay. >> Okay. Questions?
I don't have any. >> You want to do a site visit? >> You want to do a site visit? >> Yeah, I think we can. We would like to do a site visit if you could mark off. We'll call where
the base is and mark out 130 ft. not in all directions. You'll of towards that property line. >> Okay. >> Just mark it out. And you don't have to Doesn't have to be anything fancy. Take a piece of >> or take orange paint.
>> Yeah. >> There it is. >> Just a rock. It doesn't matter. >> Understood. And timing. How how quickly and when. I just need to know that. >> How quickly. >> Yeah.
Well, this gives you an opportunity also to speak to the building commissioner. >> Yeah. >> So, I'm available Saturday. >> I don't think I could do it this Saturday. >> That's too quick. >> I appreciate it. Yes, it it'll take cuz
I want to I would have to get the surveyor out there. Yes, >> I have to meet the surveyor out there. We have to measure it all out. I have to check his availability. How long would you need? I I think we'd probably I think three weeks would be more than enough time.
>> Two weeks would two week I I have to check I have to check the availability. I'm sorry because I have to check the availability of the I'm just trying to give myself >> You need three weeks to get that all marked out. >> I I need three weeks just to make sure my surveyor is available and not busy doing a hundred other things and that I
can get him out there and he can do that. Yeah. and he can do it. And then that's my only if it was in my control, I'd meet you out there tonight. >> Let's say now let me make an offer. >> Yeah. >> 3 weeks Saturday from this Saturday.
>> 3 weeks from this Saturday. Okay. >> Why would I break my phone? >> Yeah. >> I like how everyone's grabbing their phone. >> Right. >> And you're right. There was missing coverage in that area. So I'm just saying
>> I'll try to confirm this in a minute. >> Saturday night >> what happens when you shut it off >> and where you are going to stay in touch and talk with the zoning enforcement officer if something comes up you can
let that office know too. >> I can I can do that. Friday 3 weeks from this coming >> Friday the 8th. >> Well, I thought Saturday. >> Well, I know I may not be here.
>> No, I have a medical appointment on >> but I'm good on Saturday. I can do it fairly early in the morning. >> You can do it? >> Yeah. >> In the morning? >> Yeah. About 10. I'm leaving Jersey. >> About 10:00 on
>> It's not 10:00 Saturday morning. >> No, 10 is fine. >> 10:00 on the >> 9th. >> On the 9th. May 9th. Okay. Understood. >> Okay. All right. So, we got to just continue this case then. >> Yeah.
>> Do I hear a motion to continue? >> So, moved. >> Second. >> Okay. Any comments, etc.? >> No. >> All those in favor continue it through >> where are we? April to the May meeting.
>> Okay. >> Thank you so much. Thank you. Good presentation. Okay. Next uh case 2026- 04-01 variance.
John Harrison, trustee of 262 Park Street Realy Trust 0 Stewart Street Parcel ID M27-9-46A seeking frontage relief on a single family dwelling. Mr. Harrison, agent or attorney?
>> Uh, I may. This was a very well put together package by the way. >> Thank you. Um, am I ready? >> Is the board ready?
>> The board is ready, I think. >> Are you ready? >> No. >> I got to find it. And I got it now. >> Excellent. you know, so we just have an abundance of room on this desk, so hopefully you won't need that much room
for this. Okay. Uh, good evening members of the board. My name is Jason Panos for the record, practicing law at 246 Andover Street, Peodyy, Massachusetts. I'm joined by the applicant, John Harrison, who's the trustee of the 262 Park Street Realy
Trust of 915 Northfield Road, Lunenburgg, Massachusetts, and also Bryce Harrison uh of 19 915A Northfield Road, Lunenburgg, Massachusetts. Um, it's an interesting set of
circumstances that brings us here tonight. And I wish I could say they were unique circumstances, but the more we implicate this new uh general laws 48 section 6 provision, the more we're
running into this very situation with misinterpretation of it. Um, but uh at the time I submitted this application to you, it was certainly unique. Since then, I've had three more cases pile on that are almost identical.
>> Yes. >> Um, varying motivations. I won't get into that, but I'll only ascribe to the building commissioners and zoning enforcement officers who are leading us down the this path uh the best of
intentions and trying to help. But we're here before you seeking that very assistance, that very help, and that very clarity. Uh just a brief description of the application before you. Uh the application is for dimensional relief
from the frontage requirements of the zoning ordinance for the property located in the single family residential one zoning district requiring 100 ft of frontage. The subject lot two
um by reference to the plan in your packet is known in number zero Stewart Street and was created uh pursuant to an endorsed ANR plan approval not required plan endorsed by
the planning board um which was created by a prior owner and interest and not the applicant or anyone associated with the applicant back in 2019. 19. Lot two is shown with frontage of 82.65
lineal feet where 100 ft are required in that zone. The proposed use for a single family dwelling house is allowed by right in that uh single flam family resident zone. Uh and the proposed house on the
property complies with the provisions of the zoning ordinance in all other respects. And I believe we uh we provided you with the uh with the plans showing what we propose to go there but
be located there. Uh the property is located in a neighborhood where almost all adjacent and neighboring lots have deficient frontage. Uh there's a lot I was uh surprised to see not too far from this
property that has a duplex on it with 34.1 ft of frontage. Um so >> could I could I interrupt just for a second? >> Uh the question I have is this lot was it created when uh building was torn down?
>> It was created uh much before then. >> Yeah. No, I understand. >> There was Yeah. But anyway, I'm just kind of heading down a trying to set up a question here. >> Yes. >> U this lot was established
>> in 2019. >> The 2019 the lot was established. The question I have >> is how was it established? That was an existing single family property for >> the entirety of it was >> Yes. >> with a dwelling house. >> Yes.
And basically, if you look at the ANR plan that's in your in your uh packet, >> it was split into two lots. >> Um the lot with the existing house on the Park Street side and the lot with
the uh that's now the vacant lot on the Steuart Street side. >> That house was in disrepair. >> Yes. And it was torn down >> uh recently. So, uh, you know, basically jumping ahead a
little bit, uh, four owners later, my client bought the property, the Harrison's in 2025, in August, I believe, of 2025. Um,
and he's the one who did the tear down and the rebuild of the existing house on Park Street. >> So, this was created because you split this lot. If you left the lot together, it was a conforming lot. >> It was a conforming lot. However, after discussing this with the building
inspector, um the remaining lot was not left nonconforming because there was an existing structure on it. Um and really what we're focused on is lot two, that vacant lot.
>> So, it was create a substandard was created. >> Correct. >> Okay. I'm just trying to ground myself as to That's exactly what happened. So, a substandard lot and a non-conforming lot was created.
Um, and I'll get into more of this and it's in it's covered in detail in my application. >> Well, I'm sure it is. >> Um, but so actually if I can just continue. >> No, that's fine. >> Uh, but that's exactly the background
here. Uh, and thank you for uh proddding along that context. No, I just want to ask a question now. >> Yes. >> Your comments just confused me. >> Okay. I don't mean to do that. >> See, at first I don't look at this as
the creation of a non-performing lot because you go to Park Street or you go to Stewart Street. >> Correct. >> Their frontage is both 82 ft. >> That's exactly right. >> Okay. So, by splitting the property >> Yes.
you did not create it is nonconforming for foot frontage >> pre-existing >> even before they split it. Um, no it wasn't because there's an existing you have an interesting ordinance uh definition for frontage. When you
have frontage that fronts both uh you know two two ways you get to add that frontage >> right >> you get to add that frontage which is unique that is not common. Um, but here
here in Gardener, you can do it. Um, >> okay. I'm okay. >> All right. No more confusion. >> No more. >> Good. Uh, so by way of more detailed background, I
talked about the 2019 approval not required plan that was endorsed by the planning board. That's how you get lot one and two. Um, the applicant purchased the 262 Park Street
property, which this was basically was one lot as I indicated with the subject lot two uh in August of 2025 and was the fifth owner since the property was was split and the lot two frontage
deficiency was not created by the applicant. So, this is not a so-called self-imposed hardship. Uh, I want to make that clear and you'll hear me say it again. The applicant purchased the property with the intention of re rehabilitating the existing dwelling
house at 262 Park Street, which he accomplished and eliminated a blight as you mentioned. It was falling into itself. Um, and uh, now it's a brand new house with a nice family who I believe moved
into that property. When when were these properties um split? How many years ago? >> 2019. >> 2019. >> Mhm. Six years ago. >> So 7 years ago.
So um the applicant purchased the property in reliance on after doing his due diligence making sure that he had two buildable lots. Uh you have a great
portal. You have a lot of information that's available to the public. Uh you have great staff and Mariela and everybody else who has been uh very helpful through this process to me personally. Uh but
available was this zoning determination from April 29th, 2025, right? um issued by Thomas Zupa, the then gardening uh gardener uh building commissioner zoning enforcement officer
in response to an inquiry as to whether the property is buildable and can be separated so a house can be built on one and the other sold as another buildable. So the question was put to him, are these two, not by my
client, by a different person. Are these two buildable lots? Can we rehabilitate the house and then build on the second lot? And his response was, well, of course you can. You have this new
statute 48 section 6 that has certain strings, but if you build within those strings and you maintain the uh dimensional setback requirements of the zoning bylaw, you can build a house.
Unfortunately, he left out a very significant uh point and that significant point was that the lot created to have the benefit of that newly created minted provision had to be conforming with zoning at the
time it was created. It was not. It did not have the lineal frontage required. Okay? You know, and I'm going to go off on a tangent and say something against my own profession per perhaps or uh make a
statement against self self-interest. You should not have to hire a lawyer every time you go out and buy a piece of property and and want to build on it. If if a zoning enforcement officer writes a letter that says you can build on a piece of property, you should be able to
rely on that that letter without having to ring people like me at whatever I charge an hour. And um you know, well, more than you should have to pay for something as simple as this.
Um >> the lots are consistent with the rest of the neighborhood though. >> Um and I'm going to get into that and I give you all of the addresses. Um starting with that 34T frontage, you
know, uh uh uh duplex. Um, law 2 is roughly 13,374 square ft where 12,500 are required in the SFR1 zoning district. The proposed
dwelling at the property at lot 2 otherwise complies with all of the dimensional requirements of the zoning ordinance. Front setback of 30 ft proposed 35 ft. Side setback of 15 ft proposed 17 ft. rear setback of 20
proposed 97. Um, minimum lot coverage 50 feet at 600 is 6,250 ft. We're at 9.2%. Uh, 12, 1232 ft. Open
space requirement of 50%, we're at greater than 50%. So in summary, but for the frontage requirements of the zoning ordinance, the applicant's proposed development is entirely compliant with the use and dimensional requirements of the zoning
ordinance. Uh and to your point, um there are 1, two, three, four, five, 6, 7, 8, 9, 10, 11, 12, 13 surrounding properties that are all uh undersized. With regard to frontage ranging from
that 31 34.1 ft to 82 1/2 ft, 87.11 ft, 85.39 ft, 82 and 1/2 ft, 56 ft, 79 ft, and the list goes on. We're within that sweet
spot. We're at uh what did I say? 865 >> 85 82.5 rather. So, we're Yeah. 82.65. We're We're right in the range of where the rest of the neighborhood is at.
There are some properties that are right next to us, across from us that have greater than 100 ft, but the lion share, they tend to be a little undized. Again, hardship, it's not self-imposed here.
Um, the zoning ordinance hardship criteria for the proposed dwelling is met and the purpose of the zoning ordinance to encourage the most appropriate use of uh land throughout the city and preserve
and increase amenities in the city is satisfied. Um, that's directly lifted out of the purpose of your zoning ordinance. A literal enforcement of the provisions of the zoning ordinance would involve substantial financial hardship and that
is a uh recognized uh zoning interest financial hardship especially where it is not self-imposed. Um so uh literal enforcement would cause substantial hardship to the petitioner
financial or otherwise and desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially dergating from the intent or purpose of such ordinance or bylaw. Again, you have
a property that's consistent with almost every other property in the neighborhood. So granting this relief, I can't see how it detracts or deraggates from the intent of the zone. >> And you're actually matching the character >> and really you have plus on this side
because there's a little bit bigger >> correct >> than you know the all the embedding properties or most of them. >> Exactly. And um you know I'll just conclude by rattling off some obvious benefits. We're adding at least another
house to the housing stock of the city. Gardener is no different than any other place in the Commonwealth. We need housing. >> Uh what you don't need is a vacant lot that doesn't produce tax revenue and just sits there. And so with that, if you have any questions, I'm happy to
answer them. >> And there's no additional land to purchase to comply with the 100 ft permit. >> No. I'm familiar with the area. Um, it's an old old neighborhood.
>> A lot of those houses were established before zing existed. >> Wow. >> You know, the original lots used to be 50 by 100, 5,000 square ft, >> right? >> You know, and so it makes it hard. And
then when things happen like this and the the new like when the house is torn down, if you read the laws like you're supposed to comply with the new or with the ordinance existing, >> right? >> The laws don't exist to do that, >> right? There's no land.
>> That's right. >> Um and again, I wish I could say this were a unique circumstance and it was unique when I filed this application. Yeah. But since then, I'm dealing with three of these >> throughout throughout the Commonwealth. >> Let me ask my members. Do you have any
questions of this gentleman? >> I do not. >> Very well presented. Okay. Thank you. >> Okay. Is there anyone that would like to speak in favor of this application? Anyone would like to speak in favor of
Is there anyone who would like to speak in opposition to this application? Anyone to speak in opposition? Uh, I'll just say there are no members of the city in the audience, so we can go past that. So, any other questions or
comments? You want to move for decision? >> Yes, I think we should. >> Do I have a motion? >> So, move. >> Second. >> Okay. Any further >> to approve? >> Uh, to approve. >> Okay. Just >> All those in favor? I
>> I oppose. No opposition granted. >> Thank you so much. Thank you. >> There. I just wanted to keep those two gentlemen to get the full flavor as we went through this. They were sitting back there.
>> I was a chair for uh of the peed zoning board of appeals for 10 years. So, and I know what you guys are going through. Thank you. >> Thank you. >> You're welcome. >> 46 years. >> 46 years as chair. >> No, probably 25 or 30.
>> Yeah, cuz no one else wanted it. >> Well, congratulations. >> Thank you. >> Thank you so much. >> We're so We're troopers. >> Yeah, definitely. >> Have a good night. >> Definitely understand all sides of it. >> Thank you. >> Thank you. Good night. >> All right. Let me see. We got some stuff
here. zoning minutes. Um, >> this is Anta and Rice. So, we're not signing the >> um on the on those minutes that is rice.
Um, it was already voted on and everybody had time, but the anta he's no longer with us. Would you sign on his behalf as saying that he's no longer with us? >> I can do that. >> Thank you, sir.
>> I'm having breakfast. >> Mel and Hanks is in here. So, Mel, if you do it, >> you know what I said? >> No, >> I didn't think so. I'm having breakfast. I'm having breakfast with him in the morning while we >> Yeah. has not been
around the back. Thank you, sir. So, these are from March, and you're saying that March we need to vote on them. Obviously, we've all read them. So, I would make a motion to approve the March 17th minutes. >> I'd second that.
>> Okay. All in favor? >> I >> I approve. >> But >> my my line is on one page and my name is on the other page. So, I'm going to sign on the line. >> You've been up to your eyeballs. I know.
>> Thank you. Okay, I think that's that's it, right Mariel? I'll adjust these minutes here. >> Okay, no further business before the board. Do I hear a motion to adjurnn? >> So moved. >> Second.
>> Okay. All in favor? >> I I opposed. Meeting adjourned.