All right. Uh, call the meeting to order at 6 PM on April 8th, 2026, the planning board meeting. I'm Stephanie Slush. I am your chair. To my right, I have Jimmy Tar, alternate chair. Far end, I have Doug Finn. To my left, John Jeffris and
Lee Bell. And then I have Lori Peard here, our administrative assistant. Um, first item, as always on the agenda, is public forum. This is an opportunity for folks who are not on the agenda to speak. Um, we cannot really deliberate anything fully here if you're not on the
agenda, but you are here. There's someone here that would like to speak. >> Yes. 28th Street. I was here last month >> and I was asked to come back because I need a special permit >> for the for my addition I would like to
put on my property. All right. >> So, just so folks are aware of what happened between the last meeting and this meeting. Um the what hap we had um him Mr. Liry come forward saying he wants to put a bay in
his in a garage. Um there was question um from there is like because your developer or whoever your contractor or whatever recommended coming to the board then it was a conversation of what he wanted to do if it was um because it's
for the business that is operating at or there's a business operating there. Um, we had we looked into it on the back end, the zoning enforcement, and there hasn't been a like it's not it's not zoned for a business, but because it's
been operating as the way it has, it's pre-existing non-conforming, but that means if there's any additions that need to be happened or any sort of supplemental thing, it has to he'll be uh it's recommended that he apply for a special permit um potentially home
occupation. for the home occupation bylaw. So now you're here. >> Yes. >> It's just a garage. It's not a It's not any additional living space.
>> Yep. Understood. So with I'm curious who how did we who told you to come here? I'm just curious on that piece. Well, the the um >> town counselor >> the the um the contractor
>> Yep. >> you know said moving forward to get the permit that I should reach out to the planning board, which I did. >> And then, you know, I came last month and and >> yep, >> they looked at my plans and >> they seemed like everything was fine. And but there was some a question on to
how my property is listed because when I I put an addition on for my mom back in 0506 >> and when I had the planning board meeting then they the permit was issued as a a single family with an in-law
apartment >> with a special permit. So I was told >> everything should be fine. the setbacks and all the that stuff is fine. >> The as long as it's a single family with an in-law apartment, you know, the way it was written up, it should conform to
the to the property offsets. >> So, yeah, the thing the whole thing is the reason why it's special permit is because there's also a business operating on there. It's not zoned to have a business operating out of there. And so because you've been operating in there for the length that you have, it's
not grandfathered or pre-exist now a pre-existing non-conforming use. And so that means you have to go through the special permit process in order to in in for home occupation, I would say. And so you need to meet the criteria in our zoning bylaws for that. I think it's
called home occupation is the right language. And so that means that I'm just going to pull them up here. It has to meet certain criteria for the special permit and then the special to go through the special permit process. You notify the abutters. The butters
will come in um or have opportunity to come in and give input on the project as well. Um I'm just pulling up. Uh the home occupation means that the outward manifestation such as noise, public service, and
utility demand is not unlike those of a dwelling unit in the neighborhood. No more than one person other than if the family member residing on the premises shall be no more than one person other than the family members residing on the premises shall be engaged in the occupation. the use of the dwelling unit for the home occupation shall be clearly
incidental and sub insubordinate to its use for the residential purpose purposes by its occupants meaning that the home occupation shall not occupy more than 40% of the gross floor area of the dwelling unit. So that would be a question that I would have if you were to come forward with that on the
proposed garage bay piece. Um, there's should be no change in the outside appearance of the building or premises other than or other visible evidence of a conduct of a home occupation other than one non-illuminated sign not exceeding four square ft in area. No traffic shall be generated by such a
home occupation and greater volume zone be normally expected in a residential neighborhood or any need for parking generated by the conduct of such home occupation shall be off the street other than the other than in a required front yard. And then no equipment or process shall be used in such a home occupation
which generates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses of the lot in the case of electrical interference. No, no equipment or process shall be used which creates visual or audible interference and any radio or television receivers off the premises or causes fluctuations in line
voltage off premises. It's funny how specific we are in some areas of that and others not. But anyway, so that is the piece that we'd have to apply for the special permit process and come back and give time to notify the butters and that kind of thing. How that process works is with a special permit there's a
public hearing in component and so that means we need to publish it in the gazette >> and in order to do that you need this is mass general law and that means that we have to post it in two consecutive weeks before the hearing. So that means you need to get all your special permit application
materials together at least two weeks before our our next meeting. So it's a complicated PL process in that regard, but that's mass general law. That's not up to us in that piece. And Lori can help with that. Um,
but that's the way forward for this >> and I and I know that we've had some people out and new, you know, so Bellish was is was supposed to be back today, but her travel got delayed and she can help support along with um
pointing you to the right the right stuff so that we can do this the right way. >> Okay. >> Can I >> ask a question. If any hypothetical applicant can wants to come in and they know what they want to do, but they're not sure what section of the zoning bylaw might regulate that particular
thing that they want to do. Can they simply apply for a special permit for the purpose of and then name the thing they want to do without citing a specific section of the zoning bylaw? >> I don't know. >> When I spoke to Andrew >> Mhm.
>> a couple of weeks ago, he implied that that was the case that that all we all he needed to do was apply for a special permit. >> Yep. That's us. and and and that that the hoops were very small to jump through. >> Yeah. So, we could do one or the other.
Yeah. I think that would be the Bella's. >> Yeah. So, in in another hypothetical, if someone says, "I know I want to put in a and I'm making something up, an Olympic size swimming pool, and that's the thing I want to do, but they on their application, they put down the wetlands conservation section of the zoning
bylaw, then the response to the the on the planning board is going to be there's no way we can approve what you want to do using this section of the bylaw." It's a fair using a hammer to screw in a bolt. >> I think >> I've done that before. Doesn't work well. >> I would say it's a little bit of in between. It's like it shouldn't be our job to make the argument. It should be
the applicant's job to make the argument about how it fits in. So I don't think >> sure >> if someone said so that's a little bit of where >> I I just want to make sure that we don't get accidentally hamstrung by someone an applicant or someone advising an applicant to use a certain section of
the bylaw that results in no possible avenue for us to even consider the thing. Right. >> That's all. >> Are are you suggesting that perhaps this could have been streamlined prior? >> No. Um, I think that based on the information that I've got so far, I don't have all all the facts. I think
the mechanism of a special permit makes sense, possibly a special permit with site plan review, but I don't know that. Um, but I also don't know if I want to limit our filter our examination of the question
through one specific section of the bylaw. >> In this potential instance, you're saying the home occupation? >> Yes. >> Yeah. I'm I'm trying to avoid talking in specifics about the the potential application before we actually get it, but um indirectly suggesting if there's
a way for the applicant to just say, "I need a special permit. I know I need a special permit. Not sure what rules apply." >> Um >> um yeah, some of that work has happened already. So that's Yeah. >> Okay. >> But that is also Bella is supporting.
>> I would trust that Bella and our interim building >> commissioner might be the best to advise. Yep. >> So, >> and there's been some gaps of time off in the last couple of weeks for all that. >> Understood. >> Um, apologies. We can't do anything like for sure tonight and you know have
having the process in place to for the special permit and understanding how that works. >> Yeah. And then we can >> this will be reviewed two weeks from now, >> right? >> Publicly. gives your neighbors a chance to get ahead. >> I mean, I can tell you all my I've
already asked told all my neighbors I was doing it. >> Good way to get ahead of it, >> right? >> Obviously working on all their cars. >> Yes. So, >> it's it's not a problem, but >> just we're kind of, you know, handcuffed to it. That's the way we got it. >> So, am I going to get paperwork that I
have to fill out and and do I have to do the abutters thing? You know, like or is there like the does the town give me the list? >> Yeah. the town the town give me the list of the of the butters I need to know about >> you go you can go on to the town website >> oh boy
>> or if you or if it's easy I can print it out of town it's easy to yeah it's easy to get >> I don't really mind like printing stuff out so you're going to need to get the application you have to do it in duplicate needs to be filed at the town
clerk's office there is a fee I think special permits $300 so there's a fee for that you will go to the assess 's office. That's Jenny. And she will give you the abutters list. And the there's instructions in the application of how all that works. But
>> and that that gets f that just go come in downstairs. >> Right. So once you have it all filled out and everything done, you go to the town clerk's office. You file it there. Then it comes to the planning office, which is Bella and I. >> Who's So are you going to give me the paperwork that I need to bring to the town?
>> I can do that if you come by. I'm tomorrow. I'm in that office from 7:30 to 12 and Friday I'm there from 7:30 to noon. >> So if you want to get it this week, you can do that. Yep. >> Yep. >> Okay. >> And then I can give a little explaining
more and then you can be on your way to getting all the things you need to get together >> for the next meeting >> for the next and the meeting. The next meeting is May 6th. So the first >> if we >> and you would need to get all of that >> posting in the gazette, the mo the all
of that at least two weeks ahead of that. So yeah, in the next couple weeks you'd have some of that >> administrative work to do. And then Bella should be in tomorrow morning as well. >> Be in at some point tomorrow. I'm not sure. Probably >> saying you might overlap. It might be worth it if you're coming and see her as well. >> Yeah. I don't I don't know if like maybe
noon even, you know. Okay. only because then I'm I'm pretty sure if she's going to be in that's about when she'll >> so a little bit for now >> definitely be there >> and that's enough for which which office downstairs. So that's >> for Lori.
>> So if you go past the elevator on the second door on the left. >> Okay. >> Past the elevator. I'm the ne You'll see the bubbler. My door's the next door. >> Yes. >> Next to the bubbler. >> Next to the bubbler. Second door on the left. >> I had to move my fancy. >> Okay. All right.
>> Thank you. Thank you everyone. >> Thanks Mark. >> You're welcome. Um, I meant to do this at the top, but I feel like it's um, also want to take a moment to acknowledge the passing of Kyle Scott, who was our, uh, building inspector and zoning enforcement
officer. Um I you know was this horrible news to hear that he passed and dealing with the health challenges and um definitely appreciate what he's done for the town in the role and uh his accessessibility
and ability to to support um and I don't know if anyone else wants to say anything just take this time to acknowledge acknowledge that >> I have also spoken to the new I