WEBVTT

METADATA
Video-Count: 1
Video-1: youtube.com/watch?v=05f4D5-FDCI

NOTE
MEETING SECTIONS:

Part 1 (Video ID: 05f4D5-FDCI):
- 00:27:33: Zoning Board Meeting Call to Order; Turnout Hearing
- 00:32:53: Public Comment: Paul Turner Presents Evidence, Argument
- 00:40:55: Video Presentation of Noise Disturbance from Wood Processing
- 00:43:54: Board Discussion, Legal Standards, Enforcement Challenges
- 00:46:52: Turner Requests Cease & Desist, Six Findings Implementation
- 00:51:58: Enforcement Difficulties, Accessory Use Clarification Requested
- 01:01:09: Public Comment: Ken Pinter Asks How Many More Complaints?
- 01:04:34: Public Comment: Sher Pinter Describes Woodpile, Conveyor
- 01:06:54: Public Comment: Monique Began; Harassment, Commercial Activity
- 01:08:24: Public Comment: Grace Turner; Commercial Operation, Conveyor
- 01:10:04: Board Asks About Equipment and Commercial Firewood Production
- 01:15:03: Public Comment: Elvis; Covers Property, Log Load, Truck
- 01:18:05: Final comments: Joshua Farad reiterates Massachusetts Zoning Law
- 01:21:18: Turner Recaps Arguments, Reinstating Cease and Desist
- 01:24:40: Board Considers Next Steps, Commercial Operation Definition
- 01:27:18: Board Discussion on Enforceability, Potential Consequences
- 01:28:01: Motion to Reinstate Cease and Desist: Conveyor Belt and Bobcat
- 01:34:49: Reviewing Proposed Findings for Adoption for Cease and Desist
- 01:40:09: Loading Commercial Truck Ban, Legal Review of Motion
- 01:44:24: Reinstating Cease & Desist Vote: Parameters, Equipment Restrictions
- 01:45:48: Rubido Cornerstone Church Sign; LED Message Board Petition
- 01:50:24: Planning Board Recommendations, Sign Requirements
- 01:54:15: Public Comment: Concerns About Brightness, Safety, Distractions
- 01:59:15: Motion to Approve Special Permit for Signage; Vote
- 02:00:27: Petition; Construction to Increase the Height; Motion
- 02:06:52: Approval of Meeting Minutes, Adjournment of Meeting


Part: 1

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Okay, good evening everyone. Call to order the zoning board appeals meeting for Thursday, March 26 at Lake Public Library. Uh first uh first I guess first question is other than Lake Him, is anyone recording this meeting?

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see one indicating so. So we'll assume the answer is no. The first agenda item is the turnout hearing which is continued uh appeal from the building excuse me appeal from the decision of the building inspector zoning enforcement officer relative to business

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activity at the residential in the residential district at 11 school street. I believe we have someone who's recusing himself from this. >> Yes, I am. >> All right. Just recusing himself. You might be a little closer.

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>> I will speak a little louder. How does that sound? >> I have a hearing problem. So, >> well, why don't you come up front and see if you can hear me real well. That's it. >> Can everyone else hear me? Fine. >> No, I Yeah, I think I think it's carrying. I just think unfortunately

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>> Yeah, I don't even know how how well these mics carry, but >> um Okay, so we have the turnout hearing continued. Um, who's here? I think I saw Mr. Turner. >> Hey Paul, how are you? >> Good. Neil,

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>> good, thank you. So, we've received uh some additional information uh from Mr. Turner. And correct me if I'm wrong. I believe you are not represented um anymore. You're handling the appeal yourself. Correct. >> Correct.

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>> Okay. So obviously you provided a bunch of information to the board which has been on file down at our planning office. I did [clears throat] excuse me I did reach out to the building commissioner. Uh obviously

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the last time we met on this was January 15th and we had a number of uh residents people in the area um at the meeting as well who talked about uh the activities going on there.

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And again, I sent an email over to Nate. I'm going to read his response into the record uh just because we I wanted to get a feeling of so that the board would know what was uh what has transpired if anything through his office since then. So, um I asked him for an update. He

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replied back, uh good afternoon, John. While I anticipated anticipated an additional request for zoning enforcement shortly after the January 15, 2026 zoning board appeals meeting, I have yet to receive anything. Since that meeting, I have spoken to the owner of 11 School Street on multiple occasions

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and they have significantly limited the production of firewood on their property. Understanding the sensitivity here, I have been monitoring the subject property from both School Street and Lechwood Drive between two to three times per week without any without

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any personally witnessed production of firewood on the subject property. There have been a couple of neighbors that have been very helpful documenting activity on site and doing so with a keen eye on amicable solution rather than a heavy hand. The information on

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activity is as follows. March 5th, 2026, 1 to two hours conveyor only, no indication of chainsaw operating. on March 9th, 45 minutes conveyor, only 15 minutes chainsaw being operated, 1 hour in total. It is vital to note that the

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owner of 11 School Street has not been directed to stop firewood production for personal use on their property and provided they are in compliance with the board [clears throat] of health noise regulations, they would be allowed to continue that activity. Despite it being crystal clear to me that there is no

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current zoning violations at 11 school street, I would recommend that the zoning board of appeals entertain a continuence for the a month or two so we can preserve the applicant's petition to appeal. Respect the other neighbors concerns and see what happens with the nicer weather. In a perfect world,

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everyone would recognize the significant resources diver compliance and negative impact of the neighborhood relationships and work together to put this complaint behind us. I will continue to monitor the situation regardless of what is decided to do what I can to help amend

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fences. So, understandably so, I guess obviously, as everyone is well aware, um we've had quite the circumstances as far as weather goes over this past winter. So, I think um

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and I tend to agree with with Nate's position, and I'm going to let you talk about that, Paul. Um, I'm not sure it's a fair represententation over the past month and a half as to whether someone really is or isn't operating a business there. Obviously, it's kind of tough to

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to do anything after 3 ft of snow has fallen. Um, and I'm not sure if that's the reason why there haven't been significant complaints made over the past month and a half or he really has scaled back and is not doing uh what he was doing before. So, um, at this point,

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uh, do we have any other comments or, uh, questions or anything we'd like to bring to light from the board? Or if not, I'm going to ask Mr. Turner to M. He has anything addition

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for that. [clears throat and cough] Paul Turner, one ledge with Drive. For the record, [clears throat] I want to present what I have. um the activity at 11 School Street in

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direct correlation to the day that I filed the complaint, the activity dropped down to nothing. So, it's a common practice to just stop by under scrutiny. So, I want to present what I have. >> Okay. >> Okay.

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>> Mr. Chairman and member of the members of the board, thank you for the opportunity to let me speak tonight. Before I begin, I want to clarify two points that are important for the board to have in mind as you hear the evidence tonight. I've been offering these only to help the

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board stay focused on the correct legal standards under chapter 48. There was discussion last time about the needing to prove a business or a point of sale. I've looked very carefully at Massachusetts zoning law and that is not the standard. Zoning does not regulate

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business transactions. It regulates the use of the land. So the question for the board is not whether a business exists or where money changes hands. The question is simply what is the use of the property based on the equipment, the setup and the

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activities on the land. That is the standard the courts use and is the standards chapter 4A uses. I have not found any Massachusetts case requiring proof of a business or a point of sale to classify a use or enforce the

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bylaw. I also want to address the issue of the current activity level occurring at 11 school street at present because I expect the subject will be raised tonight. I have observed the commissioner driving through the neighborhood the past couple

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of weeks. The decline in activity at 11 School Street directly correlates the moment I file this appeal. That is not a change in use. That is a change in behavior because the property is under scrutiny.

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Massachusetts courts are unanimous that the non-use alone is never enough to extinguish a use or cure a violation. A pause use is still a use and a dormant violation is still a violation. Quesar

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is consistent. Town of orange vers Sheay non-use does not extinguish a use. Kher enterprises even multi-year inactivity does not end a use. Sonia Lancot 2022 non-use alone is never

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abandonment. Harvard verse Maxant uses defined by character impact not frequency seit versry zoning regulates the physical setup not the operator's schedule

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so even if the commission is driven by not seeing activity that does not change the zoning classification does not eliminate the need for enforcement the equipment the setup the operation are still present the use has not changed only the timing of the operation

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has. Massachusetts courts have never held that temporary inactivity extinguishes or cures a zoning violation. In fact, the courts are unanimous that non-use alone [clears throat]

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is never enough. A use continues unless there is both non-use and clear intent to abandon. And nothing like that exists here under controlling case law. This is a commercial operation, not an extinguished one. The board must act

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even if the violation is dormant because the use still exists and will resume the moment scrutiny fades. With those two points clarified, explain why I'm here. As you know, I'm no longer represented by attorney Maki, but I want the board to know that all the legal

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representations that I'm offering tonight as a lay person have been verified and are listed on the citation page in the submitted packet. I can also offer a separate citation page for this opening statement if necessary. I'm here representing myself and the

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general neighborhood to present the zoning basis for reinstating the cease and desist order 11 school street and to request clear findings that will allow the building commissioner to enforce the bylaw consistently and effectively. There has been a critical misunderstanding. The zoning issue

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before you is not whether a business is being conducted. Excuse me. Massachusetts courts consistently hold that zoning regulates the activities occurring on the land itself. Sorry, not business arrangements, not

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point of sale, and not whether a business entity even exists. As the appeals court held in credential insurance company versus Westwood, a use may be commercial in nature, even if no business is formally conducted. The character of the activity, not the

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presence of a business enterprise controls. The activities occurring at 11 School Street. Year-round processing, staging, loading, and exporting of large quantities of firewood constituted commercial use in a residential district far exceeding the accessory residential

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use that is allowed. The neighborhood has witnessed long durations of firewood processing using commercial grade equipment, operation of a commercial conveyor belt, loading of a Ford F550 commercial dump truck with multiple cords of processed wood,

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repeated exporting of processed product, often before dawn and under a top. These activities are not incidental or customary to residential firewood use. They are commercial operations. Clear findings are necessary. Without

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them, enforcement becomes impossible. The neighbors may witness for hours of processing but be unable to document the export because it occurs at times chosen to avoid observation. A covered load could be misrepresented as trash or brush despite the neighborhood have just

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witnessed for hours the processing and loading. There is no residential reason to load processed wood into a commercial truck unless it's being exported. The same is true for the conveyor. and common sense tells us that a conveyor is not needed for incidental residential

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use. I respectfully request the board to adopt the following findings. Activities on the property constitute commercial use exceeding the allowed accessory for residential use. Loading a commercial dump truck with processed

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firewood is a commercial use. Operating a commercial conveyor belt is a commercial use. Exporting processed firewood documented or not is a commercial use. Commercial scale processing exceeds accessory residential use. These activities are enforceable by

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the building commissioner. I respectfully request that the board reinstate the cease and disorder and adopt these findings to provide clear and enforceable guidance. These actions will help restore the residential character of the neighborhood and give the commission of

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the tool to tools needed to end this ongoing problem. At this time, I want to play a two-minute video for the record. Please keep in mind this clip's only two minutes long, but imagine trying to work from home, which a number of people in

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the neighborhood do, or just enjoying out in your yard, hanging out while listening to this for hours at a time. It happens on weekdays, weekends, mornings afternoon evenings. After the video, I'll briefly walk

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through the submitted packet and then be open for questions. Play the video, please. 12:205, 1:20 in the afternoon. Ah, heat. That's inside my house.

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>> Inside my house. It's a again. Now it's only two minutes. So this goes on for two, four, six, eight, sometimes 10 hours. morning time during the week. If I come home, the neighbors will call me that work from home. I come

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home, it's ripping at 11 o'clock. It can go on a Saturday, a Sunday. He doesn't care. I'm going to do my best to go through the the packet as quick as I can. And um >> yeah,

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>> I'll move along. Sure. Go ahead. So, um I'm speaking for myself and not for the rest of >> Sure. >> Um >> you know, last time we met in in January, >> um we had to selfcare and and I don't

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think the board is is is stuck or discounting the fact that if you can't get the receipt, and I know we talked about that initially, like let's see the receipt, let's see the money exchanging hands. That's >> what we had. I'm not so sure that that's literal anymore what we're stuck on.

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>> Okay. >> Um I I think and again these guys would correct me and keep me honest here, but I think the fact that if they really is truly conducting a business operation, I don't think this board is is is necessarily going to say no. Well, until you show us the smoking gun like I think

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it was you referred to that it's that that's not something we're not going to turn around and put the cease and desist or or advise the building commission to put it back in place and overturn him. Um I think ultimately the goal here is and correct me if I'm wrong, the goal is

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he needs to stop doing it from a from a business standpoint. Um we can't my belief and and I can confirm this with town council. We can't stop somebody from having a chainsaw on their property, from having a tent wheel d from >> No one is saying that.

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>> I I know. Just just bear with me. Go ahead. We we we can't do that. Ultimately, what we want to do is stop that from, to your point, going on 10 hours a day, going on multiple days on the weekends. It getting to the point where there really is a commercial type operation happening that is impacting

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the rest of the neighbors and not operating within the zoning within that area, which It wouldn't be if it was to that extent and it may have been at that extent. That is the ultimate goal I believe. Now if if in fact in effect the

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last two months it has drastically >> come down and and I agree with you wholly you know you turn around and someone's watching you're going to correct your behavior. >> Right. >> So the reason which and I agree with Nate's thought here is I can't imagine if he really is wanting to continue to

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operate a business. So, it would be tough for anybody to do anything outside over, you know, the month of March especially, right? To to some degree, but it's the fact that we're continuing this and it's going to keep him in check and it's going to be two calls over a month of him using it for an hour here

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and an hour there. Um, we we're kind of getting to where we want to be. If if he turns around and we come back two months from now or a month from now and all of a sudden he's back to the same routine again, then that's going to put this board in a better position. Keep in mind, we can't really regulate what he did six months ago.

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>> I disagree. >> So, >> case law says that you can. >> Let me finish my presentation. >> Let me ask you this, Paul. What are we going to do? Literally, >> it's it's nothing to do with a It's nothing to do with a business.

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>> How do you want us to enforce this? What is What is the resolution you want? Maybe that's the best way, but just put >> All right, fine. We'll go. Right. What do you want? What do you want to have happen? >> So if if we have a deceased assist in place with the six findings that I requested,

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>> so loading a commercial truck, >> a commercial truck, an F550, it's a 19,000lb truck with three four quarter wood. There's no accessory use calling for that. There's no reason why

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the truck would be loaded and exported. The month of November, I documented 13 loads, 40 cords of wood left that property. That's a commercial use. I don't care if it's a business. I don't care if he's given it away. >> I understand that. But but what what do we want to do? I want that in. So we

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need to see need this the six findings in place. So Nate has the rules. So if that truck if when he loads the truck, it takes four or five hours of listening. So we call up, email Nate, he's loading the truck. Right at that point, you can say that's a $300 fine.

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You can't load the truck and export it from the property. It's just like if if you're in a bank and some guy next to you has a ski mask on and a gun and the teller and he's asking the teller, "Fill up the bag." You don't have to wait till the guy goes to the sidewalk to say he's robbing the bank. He's loading the truck

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for one reason only, to export it over and over and over. So if he wants to cut wood, everyone in 50 75% of the people in Lakeville have a chainsaw. That's fine. I have one. But if you cut wood for your own property,

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it doesn't it's not a year round project. >> So you >> So he needs to stop, >> right? Which it appears he has over the past >> it snowed this high for once. Again, soon as someone's under scrutiny, what do they do? They run and hide. >> No, I I agree with you. I said,

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>> so what I need what I want this >> Do you agree that I said that's probably part of the reason why he's not >> I get it. I get it. So, what I want is Nate needs he said that he can't enforce it because he can't get a point of sale.

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He was incorrect to that. Point of sale is a is a business uh business law theory. It has nothing to do with zoning. Absolutely nothing. And >> we're not trying I'm getting off track what I wanted to

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to come across, but We don't have to prove that they're running the business. A business is not allowed to run in a residential zone. He's exceeding the accessory use. So a house takes ahead. >> Okay. >> A house uh

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>> let me a house I mean takes like you know seven eight cords of wood. So let him produce seven eight. >> What is it? You you said you this is what you want at this point. We're we're not doing anything. You So you want >> a cease and desist back in place. with the six findings that are in my in my

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packet that I proposed. And >> so all we can do is overturn Nate's decision. >> No, you can't. No, you can't. You can you can order if you're appealing his decision, correct? >> You can audit findings. You can overturn

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a decision. 4A gives you that right. >> So you you want us to overturn the decision with the findings that you want to specifically say what he can't use a truck. He can't load a truck. He can't >> use a conveyor belt. That's correct. >> So, he's restricted from doing any of that on his property.

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>> That's right. If he wants to cut his own wood, that's fine. >> Keep it on the property. >> How does he What if he wants to put wood in a oversized truck to bring his parents? And I'm not saying so that incidental. So, I addressed that in my

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letter that that I sent to you. I think you're asking can he distinguish between if he's cutting wood with a chainsaw for commercial purposes or personal purposes. >> I want to know what the result I mean we know what the result is. We want we want him to stop doing that. But if

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>> we institute a cease and desist, does that limit him from using a chainsaw at all? >> No, not at all. >> Okay. >> No, that's your expectation. >> Yeah. Fine. People can uh produce their own firewood. It's an accessory use of owning a home. It's just like having a

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garden. You can you can have it's an accessory use. But how many cord does he need to produce? So I documented 40 cord in one month, but it went on for summers. I'm going to estimate in 200 in a year. 200 cord left that property

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>> and we can't reverse it and make him bring those 200 back. So that's my point of >> But we But there's no way. So he's Nate's going to walk in. What are you doing? I'm cutting for personal use. And at that point, if he turns around

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and is doing it on a basis like he was before and we [clears throat] come back in a month or two months and everyone's saying, "Listen, we got pictures of this day, this day, this day. We put in complaints with Nate. We we've asked, you know, all this." >> So, what purpose does running What

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purpose does anyone need for accessory use to run a conveyor belt? >> What purpose? >> I have no idea. Chris, did you ask a question? Well, yeah. I guess I was I guess the question is kind of twofold. One, um I guess what would your six bullet point items be? And number two,

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can we actually enforce those types of guardrails with our decision? >> Yeah, we I nothing personal. We need to confirm all this with with council to make sure we could do it because obviously [snorts] I'm not going to say I I know the legal system. So

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>> So I have a couple questions for you, Mr. Turner. Um, you said that there's a a 550 vehicle. 550 vehicle, commercial vehicle. >> Yeah. >> Any research done on the vehicle, who who's registered to, what's the commercial business?

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>> It says Walch logging on the side of it. >> Okay. Did you do further research about where that who operates that business and what >> Mr. Walsh operates it? >> And out of what address? I'm sure you did it on the corporate search database maybe, but what address? I don't have that information in front of me. But

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again, you don't have to prove that someone's running a business. That's the whole thing. This is zoning. It's about use of the property. >> Paul, I agree with you. And right now, based on what has happened since January, >> I don't see I'm not going to We're

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talking since January, since we last met. >> I'm not going back prior to to January >> based on the information that I've received through the commissioner's office or anything. And no one sent anything specifically to the zoning board about this about anybody any

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violations in the past uh 60 days give or take. >> So what is the commercial venture that's happened in the past 60 days? >> If you're going to say something you got to come up and >> No. No. >> In the last 60 days in in January he

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loaded nine crates. He left at 6:30 8:30 and 9:30. He trucked out nine crates of of firewood and then the two observations that were sent in. It's had snow on the ground and again he's undercover. The problem is if if you don't have a cease and desist in audit

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with proper guidelines for Nate to enforce it every time he wants to produce it's just going to be I'm cutting for personal use. He's going to put it in the truck. Okay, someone can put it in the truck because you can do that on

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your own property, but you can also say it's a commercial use because it's going to exceed the accessory use, but we'll let that go. So, if I don't get a picture of him leaving the site or he has a top on it and he says there was no wood under that, it was rubbish. It was it was brush.

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Nate's going to say, "I can't prove that." And this is just going to go on and on. >> Let me play the advocate. If you had all these conditions in place on on the cease and desist and he had it [snorts] covered, how are you going to enforce that?

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>> Like I just said, there's no reason to load a truck on site for four or five hours with three and a half quarter wood for what purpose? >> My point is you're saying if we have all this in place, then there's going to be some teeth and we can stop him from doing it. But you also in the same breath with second another breath said,

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"Well, we can't tell him what he's doing. He's got it covered. It's under the cover." >> That's why That's why if we go to my findings, if you find that a truck being loaded with three and a half cord of wood on a piece of property, again using my analogy of the bank, you don't have

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to wait till the bank robber runs out to the to the sidewalk. If he's standing next to you with a gun to the tellers, tell him to fill up the bag full of money. He's robbing a bank. He's filling that truck for export. There's no other reason for it. You can make that determination. the board in 4A gives you

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that right to make these determinations. >> We've been monitoring it since the appeal came to us and I just told you we've had two people make a complaint in the past 60 days. >> Mhm. >> So John, to your point, you think

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>> for periods of I think that one was an hour, one was less than two hours. So um again, it may be just because there's 3 ft of snow on the ground and you can't do anything right now. And honestly, if it if he turns around and we come back in a month or two and and it's back to

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the same old, >> but you can put the cease and desist in place. So, a pause use is still a use. A dormant violation is still a violation. That's not my words. That's from the the appellet court. >> You guys supposed to use these parameters we can put on the cease and

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desist. >> I mean, do we I've been advised on that. No, we haven't. I mean, again because I have I I was assuming the last if you if you remember the last time in January when we met we

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were going it was I mean he may not be a strong enough word that we were going to receive a second complaint that was going to open up another season you know a complaint nothing ever happened we were going to have people let the commissioner know what was going on no one's let us know anything that's going

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on so we come back two months later we have two complaints over the 60-day period, it seems like everything has subsided. That's what I think we need to make our decision on. I can't go back and say what's going on, what was happening in in November, what was happening in December,

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>> but you can. Sorry, but you can. So, consult with the attorney and and she's going to tell you you can. >> Okay. Do you have anything else to add? Because I know some other people have their hands up in the back. >> So, there's no

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Yeah, I do. I have quite a bit to I don't understand. So, how about the packet? It there's all sorts of case are in here. Accessory use must be customary, incidental, subordinate. It the use ceases to be accessory when its scale or intensity alters the residential character.

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>> I don't think I'm disagreeing. I know I'm not dis >> but these are all things that you can find on you. The zoning board is to interpret case law. Nate's job is to enforce it. You have the right to to state

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to state the the findings to to to have the findings. You that's in in your 48. >> Two people in 60 days. So >> yeah. So I guess my point is that if any of those things and the findings were occurring then Nate would have had to see them over the past 60 days and then

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we'd have something Nate would have had something to sink his teeth into. Right. >> Could you say that again please? >> Like if those six findings whatever they are right. >> Yeah. Sure. If those happened within the last 60 days and Nate would have found it or if they were complained on and they would have noticed it, he would have >> he would have had some teeth. Right. But

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I think what John is saying is that has not occurred in the past. >> That's right. >> We're all here though. >> Yeah. >> Harassing us 11 school streets harassing >> what Mr. Turner has done. Mr. Turner has the floor. So it's up if he wants to give up the floor. >> No, I'm not.

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>> So I guess what I'm saying is even if Nate had the findings, he would not have found them in the past 60 days. I guess >> that's great. So if the if the cease and desist was in place with the findings and Mr. Walsh has has grown up and stopped the the the the BS, that's great. So he won't have to use it. But

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if he does, he will also know what the terms of engagement are. So if you're going to load a truck with three and a half and think you're going to sneak it out at 5:30 in the morning, you're not because the neighbors are going to report it. Nate's got a four or five hour window to come down and say you can't be doing this

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unless Mr. the wallet is going to tell him that he's going to be transferring from the back of the yard to the front of the yard. Okay, let me see you do that. But it's it's obvious what's going on. We've lived with this for a year. Last March is when I filed. This has been one year. >> I understand this.

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>> I don't think anyone understands when you're in your backyard and you have people over, you have to leave the property. I can't even go into the house. We have to leave. Have invite guests over for for a day to have a glass of wine out back and I we have to leave. We have to go to go to a

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restaurant and I have no rec. I can't call. There's no one to call. Nate would not come down. If we have these in in place, the neighbors can call. The neighbors can monitor. This would be all over in a couple of weeks.

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>> The neighbors can call right now. >> Okay. In the spring when he gets going, the neighbors are going to call. Nate can't do anything because he's going to Mr. Walt's going to say this is for personal use. And then we're going to have a track record at that point. >> But again, this is how how about right

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now? We have suffered for a whole year. I have what has to be in place. >> You have the right to put it in place. You're the ZBA. You can interpret the bylaws and put them in. You interpret case law. >> You and Nate are two separate entities.

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>> Understood. >> Well, hang on up to Mr. Mr. Turn. If you could talk to him, ask him. [sighs] Go ahead. >> Go ahead. You can speak. >> You Ken Pinter nine school street. >> Hi. Um, you said two complaints have

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happened in the last couple of months. My question basically is how many more complaints do you need to hear first of all before you make a decision? And it seems to me, it's pretty clear that he

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needs 9 11 school needs some kind of control because if you don't have a an external control, he's not going to respond that well. He hasn't so far. He could now, but he hasn't. The other thing is it may have nothing to do with anything because I don't know the law

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that well. I know the um domestic violence law, which is the 51A, they've changed that a while ago to say the person who is beating up somebody else does not have to be there at the time that the police officer gets there.

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All they need to do who's getting beaten up, the victim needs to report it and they will then put the 51A. I don't know if it's exactly analogous, but it should be and it seems to be that that's the case. We don't need any more than one

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complaint or two complaints. Certainly a combination. Maybe one is one is is not enough, but two. Do you need six, 12 before you finally said, "Let's put this on." That's what I have to say. How many do you need? I'm asking you. >> I don't think I would compare this to

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domestic violence. >> Well, I'm comparing it. Okay, fine. I'm talking about legally. But having said that, I don't think there's there is my guess is there isn't a defined amount of times. We need somebody to turn around and show us that he's operating.

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>> But if you if you're waiting for the zoning commissioner to see it happening, we're out of luck. >> No, I didn't say >> I thought you said that to see I thought you said that that that he has to be called to actually then add. >> No, we

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>> Well, how many complaints do you need before you make this commission makes a decision? >> I can tell you right now if it's more than me personally, the other three can speak for themselves. It's more than two over a 60-day period for a grand total of three hours.

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>> Well, so do you think three? I mean, so at some point you have to make that decision. >> I don't think you're going to get us to give you an exact hour. I'm not asking for an exact, but at some point you're going to have to make a decision and look at the whole picture. The whole picture over the course of all this time, not just for the last 3 months.

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It's been going on for long. So make look at the whole picture. That's what we're asking for. Just a just a decision. >> That's going back to the activity. You're only going three months. How about the nine months before it? You're

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going backwards now. Three months. Let's go back the whole year. the whole body of work. >> I'm going back to when you came before this board. >> How about my complaint? Was it one year ago this month? Almost to the day.

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>> There's a whole body of work to the building. >> Day after day after day, the Nate was notified, the board of select was notified, the town administrator was notified. Day after day after day, >> there's a binder full of all the hundreds of pictures and complaints over the last year.

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So Paul, let's take a break for a second. Um, I know there are other people out there who want to make comments and uh, obviously we need to make a decision with the board as to how we want to proceed from here. Does anybody else want to make any additional comments with new information other than

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what's already been presented by Paul >> Sher Pinter? Oh, over there. >> Yeah. So we can't hear you. The mic, >> we can hear you, but the folks on Lake may want to hear you. >> Sher Pinter 9 School Street. We're neighbors next to the Walshes. Um, if

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you want to see something, there's a conveyor belt. Now, if anybody's using wood for their own personal use or for their family, they wouldn't need a conveyor belt. The pile of wood that's

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there is probably close to this line on the ceiling. It's enormous. Plus, there are logs laying there. I can see everything that's going on there. He had cages. He shifted the cages. They were stacked.

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They're gone. I see some cages have come back. It's there. Who knew we had to continually complain to you? My understanding was this was just going to be continued to the next meeting. Not that we had to continue telling you. My

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husband and I know the Simonssons sent in a video to the building inspector showing that he was doing it just like Paul has done. So there's evidence. Somebody needs to come and look at that

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evidence. I don't know if the building inspector did. I invited him to come to my house, look out the back and see what's back there. So he's move moved it from the front to the back so it's closer to the turners and all the people

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on Ledgewood Drive and I have a visual so I know what's happening. And whether he was doing it in the snow or not I don't know. There's no snow there now. There's a huge pile and the conveyor belt is still there. He doesn't need a

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conveyor belt for homewood and [clears throat] he does not burn wood. He doesn't. >> Anyone else have any comments? I want to get everybody else and then we'll come back. >> Hi, I live across the street 12 school

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street. Um going on nine years in Lakeville and we decided >> your name for the record. Oh, Mon'nique. Monique began. Um, we haven't complained because we're being harassed. We're being videotaped at this point. Every time we're in our front yard, the harassment, I haven't opened my blinds

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since January. So, we've decided we're selling the house. How am I going to sell the house with the way this looks? It's toxic. Toxic with 20 by 10 ft signs. No wood for sale. We've never said there was wood for sale. We're complaining about the the truck leaving.

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I go to work at I leave at 5 am. When I'm getting ready at 4 am in the morning, he's leaving with cords of wood, lights off, headlights off, and rolling out at 4:00 a.m. to do deliveries. I I can't take it anymore. I can't live there anymore. It It's toxic.

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Absolute toxicity. And that's all I have to say. And this has not been going on for just a year. The complaint came a year ago. This was on the front of their yard, which affected us the most. went on for a year and a half before it went to the back. So, this is going on two and a half to

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three years that we've been dealing with this and I've had it. Can't do it anymore. Can't enjoy my yard. It's terrible. >> Thank you. >> Before I go back to the >> Grace Turner, one ledge would drive. I just want to say that

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if any wood was really being processed for personal use, there would be no need for a conveyor belt. As I know people have already said this, but when you say that it's only been two times in the last 30 days, only for an hour, one day,

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and 45 minutes, turning the conveyor belt on at all constitutes commercial use. There is no personal reason for a conveyor belt to load the wood up to drop it into the the big giant truck.

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That's not for personal use. Personal use stays on the property. Turning the machine on at all inside my home with in the middle of the winter, the doors, windows shut and locked. I could not escape that sound of that

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conveyor belt. And that video was playing very low. It's a lot louder than that in my house. I was standing in my living room, tried to go into the kitchen, the furthest point away with all my windows locked. I could not get

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away from that sound at all. And I had nowhere to go to escape it for that one little hour that you're talking about. So anytime that machine goes on, anytime. And we're not complaining about a chainsaw, someone using a chainsaw one

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day to cut down a tree. This is a commercial chainsaw that goes in and in and in over and over loudly. This isn't somebody cutting wood for personal use. Anytime that machine goes on, it's commercial.

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>> I just had a quick clarification question. So, is a chainsaw um handheld or is it some type of mechanized like >> Oh, no. >> systematic. >> It's handheld >> cutting. >> I built houses for it for a number of

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years. Scott Johnson landing cleared probably well over a 100 house lots for me. I would be on site all the time. They would have 24 30inch bar links. I didn't have ear protection. I could stand 10 20 feet away have a conversation with someone else while

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they were working while they're doing cutting on the edge. What is Mr. Walsh has out there? I don't know if it's modified or what, but it is a 24 probably 30in blade. And the way he attacks the wood, he lines up the log lengths, either the 8t or the 16t

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lengths, >> and it's as fast as he can get it through. Then he lifts up. Then he goes over 16 in. Again, again, again, again, the whole length from here to the wall. Then he stops. Then he takes his his uh

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his skid steer. Another Why? Who needs a skid steer to produce firewood for a personal personal use? Grabs another log. Again, again, again, again, again. It's not someone cutting a tree and then limming it and then [clears throat] cutting into length.

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Well, the reason I asked was the video seemed to um convey that it's just a continual. >> It's because >> sound of cutting. >> He has large diameter. >> To me, it was kind of hard to imagine

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um like manually cutting at at that rate. >> The one thing I can say about Mr. Walt, he's the hottest worker I've seen in years. He doesn't stop. >> So, yeah, he that that saw is very heavy and it's as fast as you can get it through, he starts again. It's almost

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like you said, you think it is a machine, but it's him. >> Yeah. Do do you happen to know like typically um someone that is in the commercial firewood production business? Is it

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seasonal? Is it does it be is production less as you go into um spring and warmer months and then it gears up as you get into um >> he's busier during this the spring

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summer and fall. So if you picture someone that's uh 2026 uh heating season is coming to an end. So I assume someone that burns wood is finishing off the wood they purchased in 25. So they're not going to call him now to come dump a load at the end of the driveway. Maybe

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now because the driveway is clear of snow, >> but in the next week, two, five months, two, three months, they're going to call him. So they're going to dump it at the end of their driveway and then they're going to stack and dry it ready for the 27 season. So it's going to it's going to start. He's This whole backyard is

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full of log links. He's waiting waiting to go. >> Yeah. Yes. >> So in in your opinion you have to produce now to satisfy demand

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if there is a demand for >> I I assume I'm not quite sure how he operates but he did not stop operating the entire year last year. >> Yeah. >> Again direct correlation when when I first called Kathy at the town hall the week of the 12th activity went down to

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right down. I was like, "Wow, that's pretty good." >> Well, you put your initial complaint into Nate in the spring of last year, >> correct? >> March of 28. Yep. >> Right. March of 25 about where we are at this point. So, that's correct. He is going to to start it up again. He's if

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he hasn't already, he's he's ready to start it up. So, that's my point about it. We give it >> I understand. John, >> you need to do another six another 30 days and then it makes it nice and clean and simple. Listen, you're out there put five days a week. You're you're doing

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exactly what everyone's accusing you of doing and that >> but I don't understand this back in place. >> Don't understand why we have to go backwards. Why that's not that's not fair. >> It should just put it in. And so what is what is what is the loss if we put it in

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place? H hopefully it doesn't work. Hopefully no one has to use it. Let's put it in place. Why can't we put it in place? >> Listen, I'm one I'm one person on on >> I understand. May I read something also? >> One more person. Come up. Make You had

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your hand up. Right. Yeah. Come on up. >> Then I'll let you read what you have into the record and then we'll discuss whether we're going to take action today this evening or not. So >> I don't have much to much to add, but I live right across the street. You guys

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know me, right? Elvis, I was here last time, right? And uh I've tried to make peace with him. Tried to like slow it down and walked over there last week. Now there's like a big black thing and covering the whole property and all

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kinds of junk in the front. And last time I had mentioned looked like a crack house. Now they built a sign that says it's not a crack house, it's a crack hole. But on the conveyor belt thing, there's a splitter that goes before that. Splits it up. goes up the conveyor belt and then it drops it into those big

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boxes that he just got more delivered. And he's got a whole load of logs in the back. He just moved it in the back, put that black thing up, covered it up. In the morning, he leaves with a full truck. Nobody saw it. Nobody sees it. It's night time. But now that we have

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cameras, we can see it. So, and then u I find unbelievable that only two people complained because it has slowed down. Okay, we did get a lot of snow and but

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it's still going on, you know, like little, but it like like he said, now it's going to pick up. They got the big signs out there saying we don't sell wood, all that. And it just looks horrible. And if this doesn't get to a resolve, me and my wife are ready to

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sell the house and move. But if we [clears throat] put the house up for sale, who's going to want to live across the street from that, sir? >> Yeah. Unfortunately, we don't have any control over people putting signs up. >> I know. I driven by I know exactly what you're talking about. I I do not think it looks appealing at all, but

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unfortunately, you know, brought up that we can't control that. >> Yes, sir. I understand. The other thing is >> but >> the byproduct of what he's doing the noise levels. >> Yes, sir. >> That has a health I mean that's you know if that's too loud. >> If if it's going to keep on going me and

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my wife we're going to move that that's our dream home. >> Come to some resolutions so you don't have to >> you know we're we're [clears throat] taxpayers. We we don't bother anybody. Everybody in neighborhood likes us. I try to help everybody as I can, you know, but there's no resolving across

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the street. I I I put my tail between my legs last week and I walked over there just to like like can we talk? Can we make a resolution? And it was just uh screaming and spitting and uh and I

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stayed calm. I walked away. I was like, "Okay." So, it's on you guys' hands. I I I I totally get that. >> You know, there's so much you can do, but there's stuff that you can do. Imagine if you lived across the street.

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>> Just imagine you guys, you ma'am, if you lived across the street. I'm about to be a grandpa. >> She's secretary. >> Oh, whatever. >> Just Just imagine whoever living across the street from them. I'm I just found out I'm about to be a grandpa.

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>> Congratulations. >> Thank you, sir. And I don't want that, you know. I that was my dream home, you know, calm, peaceful in the woods. I got my chickens, my pigeons. Like I said, everybody's nice. We used to get along,

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but then once that started, it just everything just, you know, understood. >> But I'm still trying to make peace, but there's no resolution. That's all I had to say. >> Thank you. >> Thank you guys. I hope you guys come on.

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>> I hope you guys make the right decision. Thank you guys. >> All right, we'll let you go and then Paul, you can wrap it up and [cough and clears throat] action. >> Joshua Farad for Johnson Drive. For the record, I just want to speak a little

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bit about uh chapter 48 in the board's ability to make a determination here. Under Massachusetts zoning law, the distinction between a permissible accessory residential use and a prohibited commercial use turns not on a

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single factor, excuse me, while on the overall character of the activity evaluated through its scale, intensity, frequency, and relationship to the primary residential use. Pursuant to Massachusetts General Law 48, municipalities are empowered to regulate

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land uses and enforce local zoning by bylaws with the building commissioner making initial determination. The zoning board of appeals reviewing those decisions. Denovo within this framework. An accessory use

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is one that customarily incidental and subordinate to the principal residential use meaning that it must both commonly associate with residential living in a clearly secondary in nature in impact.

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>> [clears throat] >> By contrast, a commercial use is generally understood to involve ongoing business-like activity characterized by operation, production, or processing of goods, use or specialized equipment, and patterns of distribution or transport

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regardless of whether direct financial transaction can be proven. Massachusetts courts consistently emphasize that the inquiry is functional rather than formalistic. The critical question is not whether

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there is proof of sale, advertisement or formal business structure. >> Can you one second? >> Go ahead. >> Um, Mr. Turner has already spoken to this point. So, if you want to just reiterate make a point that you want to >> Sure. Mr. Turner, please do so because I

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just have people repeating the same things over and over again. >> Understood. Let me skip to my last section. Just another minute. Accordingly, a municipality need not establish direct evidence of profit or complete sales to determine that a commercial use exists.

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>> Sir, you're repeating yourself. So, >> I would to add >> I would say that adding the findings that Mr. Turner has laid out would give your building commissioner direct control on enforcing the residential zoning in that neighborhood. Thank you.

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>> Okay, Paul. So, I was kind of right in the middle cut off. So, I'll go as fast as I can, but I've spent a lot of time on this the past two weeks putting together and I'd like to present it. I wanted part of the record. So, I did bring the print out the uh

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submitt to tonight if you want to take a copy each person and I can tell you what page I'm on. Or else you want to just listen to me, you can just listen. But the books are right next to Kathy. You already passed them out. I'm sorry. Okay. Page five, the letter of March 15,

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2026. >> Um, core issue. The appeal concerns land use, not whether a point of sale can be proven. Massachusetts courts consistently hold zoning regulates the activities current land itself, not business arrangements, not where money changes hands, not whether a business

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entity exists. SEIT is concerned with the use of the locust not the business arrangements that may occur elsewhere. Critical inquiry is the activity occurring on land itself. Lawrence versus North row the accessory use must be customary incidental and

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subordinate. So I think the board does get all that. So we'll move forward. Page six. I want to clear the difference between incidental personal transfer of firewood and commercial exporting. Homeowners may give small amounts of firewood to family

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or transport modest quantities for personal use. Such activity typically involves a pickup truck or a small trailer, a homeowner trailer, not a Ford F550 commercial dump truck designed for large scale hauling. The commissioner now has permission to view the rear of

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11 school street from four abuing properties. Um, skimming down, I want to be clear. I understand that many Lakeville residents produce their own firewood and that is normal. Residential zoning is designed to protect quiet enjoyment,

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stability, and charact character of the neighbors by preventing commercial scale operations from intruding into residential districts. Several residents on school street heat their homes with firewood, something I know simply from observing smoke escaping from their chimneys during the heating season, not

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because they produce firewood year round. Page seven. Page eight. We'll go to page nine. Purpose of the p of the appeal. Reinstate the bis the building commissioner cease and desist order and

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issue clear findings distinguishing accessory residential use from commercial activity. Legal basis. Zoning regulates use not business. Again seit credential butler. Identity of the business model is irrelevant. Zoning regulates the use.

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Page 10. Enforcement based on on-site operations. Fitzgerald enforcement focuses focuses on the physical acts on the land. This is important. Enforcement focuses on physical acts on the land. Wendy's

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operations conducted on the site. Statutory authority under Mass General Laws chapter 48 section 8 and 15. ZBA has full authority to interpret the zoning bylaw. determine whether a use is residential accessory commercial reinstate enforcement orders, issue

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findings necessary for consistent enforcement. So, Paul, I I I know you put a lot of time and effort into this and I can appreciate that. I think we all understand uh on this board that the [clears throat] real our decision at

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this point is do we feel at this point there's commercial use going on and that we need to turn around and turn the um building commissioner's decision. Again, I tend to agree with Nate to give another

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little bit of time here, but I'm one of on four. So, could I ask one more question regarding what constitutes commercial operation here? >> Is there a piece of equipment specifically? >> Piece of equipment. Are you asking me? Are you asking in general?

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>> I'm asking anyone who could answer the question. I think I think I think there's multiple. I think there's a large truck. >> I think there's there's a variety of things on that property from an equipment standpoint.

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[clears throat] >> No one's saying you can't have a large truck, >> but you can't fill it with wood and export it from your property. No one can say you can't stop using a chainsaw. >> I didn't say to stop the chainsaw. I've never said that. >> Right. So, what's going to stop a commercial operation? Is that the

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conveyor conveyor belt? >> That's a conveyor belt. Yeah. >> Yeah. I understand you want that. Is that if you stop if you set a cease and desist on the conveyor belt? Does that kind of limit his commercial operability? >> Yes. He can let it sit on the property. Don't turn it on. Exactly. So, when you

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turn it on, that's in my findings. Okay. Is that commercial use? >> It is when you pick up the logs so you move them around the property so you can saw them. Yes, it is. He trucks in 20 foot long logs, >> 20 in in diameter. >> Bobcat and Camaro, right?

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>> That's correct. Is there anything else that shows something other than a conveyor or truck? >> No sir. I mean this is a firewood business.

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We go through again. >> I mean, my thought is I don't think I need any more convincing on kind of the jive of what's going on there and it might exceed the residential use. I'm just more concerned about the most appropriate way to enforce it. C

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>> can I make a motion here? >> Sure. I'd like to make a motion to reinstate the cease and desist letter binding around the use of operation those two pieces of equipment that would

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make it more of a commercial operation. One is the conveyor two is the B and that would be the restriction I would say for the use on that property and that would be part of the cease and assist.

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So to reinstitute the cease to assist with the two pieces of equipment that cannot be used on that property are the bogcat and the >> no >> his motion. >> Sorry. That's correct.

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We have a motion. >> I will second that. >> Second. So >> now we'll get to discuss. >> I'd like to have more language around the use. I mean, I agree with the equipment bar, but maybe also what it's

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used for and any other uses that are deemed more commercial than not be added to it. If there's anything we missed, >> let us talk about >> I want to be careful here. You know, Paul, we're in the middle of >> and the meeting's not closed. That's all

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I want. Thank you. So >> probably probably language around the exporting of the wood. >> So >> so whether or not he has 10 residential trucks pull up at once versus a 550 >> willington build in some language says

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he can't export anything from [snorts] >> or something deemed residential. >> How do you restrict that use? I mean I don't know. That's why I'm asking. No, I mean I think we have that's that's what I'm struggling with. >> He can certainly take anything else off his property into a 550 truck and

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transport it somewhere. >> You know, >> I'm sorry. I have a finding >> one piece of firewood. Does that violate the restriction for the C synthes? I believe >> exactly. I just think

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>> it's harder to bound. >> I think you're saying if you stop using the big stuff, you can only produce so much. If you're taking it off, you're not going to be able to take off. >> I think it's a reasonable >> restriction to limit his operation to just personal use. I think that's our

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goal here. Perfect. >> Correct. >> Correct. >> So, I just have one one question as far as the Bobcat goes. [clears throat and cough] >> The problem with the I'm not saying to take the Bobcat off. I mean, are we

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saying strictly enforcement? You can't use the Bobcat only for uh the kind of get moving. You're using it to clear snow. I just I want to make sure we don't put something in place where it's going to turn around and say you can't restrict that. >> Yeah, there's a there's a lot of uses

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for for a bobcat to put a guard in. >> It's a glory. You can it can be a glorified wheelbarrow. >> Yeah. >> You know, >> yeah. I just want to make sure we don't something that's going to shot down. >> That's why I want to put in the relation of the processing of wood, not just the

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>> equipment. Those equipment obviously big piece that's only used for wood. So it's it's nothing else I would assume you can use for. >> Yeah. I mean whatever the mechanism that is the attachment to the bobcat that picks up big logs would be I'm sorry.

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>> Yeah. >> Big claw. >> The grabber >> claw whatever >> grappling >> language we want to use to describe it. That thing will not be in use with the bob. kit cannot be used with any

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>> Bob's not the portion of making >> any can I be devil's advocate here for a second so >> what would prevent somebody from not using the conveyor belt to process wood

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but to just merely run it >> but the wood >> which the other Ma'am, >> unfortunately we can't just have people in the audience for a variety of reason. >> One of them is because they can't get you on lake camp. So public meeting

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because to me, Chris, there's no residential use on it. >> Right. Okay. >> A conveyor, >> right? No, I I saying is there any other is there anything else they could use that for? I don't think so.

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>> I mean, I could think of I I don't think you could have anything else that the commercial use for today does. >> Right. No, I agree. >> All right. Any other discussion? I want to recognize Paul in a second, but >> Sure. >> Any other questions in regard?

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>> I guess my only fear to that is he might just use the chainsaw more just to bother people and this really isn't helping. No. >> Well, I mean, I can address all that. Can Go ahead real quick. Um, you're

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right. He can I mean, if he's going to be a bad neighbor, he could be a bad neighbor. He could be a bad neighbor through 8:00 in the morning or 7:00 whenever he could start work till 11:00 at night. Those are the hours of operation. >> That's correct. >> So, they can't do anything about that.

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>> Yeah. But if he wants too loud, if he's using it too much, there's noise audiences. But we can't like I said when Elvis came up we have a kind of a very narrow focus on what we can >> that was that was sort of my point with

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like operating the conveyor belt. >> You can't restrict the chainsaw. That's my opinion. >> Right. So if he's operating from 11 p.m. to 7 a.m. that's a noise violation. That's a different method to handle. >> Yeah. >> Right. But to your point, I Chris, I don't know

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if you had other things you wanted to add beyond what I put in the motion, but you said you had a couple things you wanted. >> Well, I guess I would just make it I just want it to be more encompassing though, so it actually stops the processing of wood overall. >> I think the goal is if we pick the two

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things that are going to stop you from processing it from a commercial standpoint, like you're never going to be able to stop and you can't we can't stop him from processing. I guess if he wants to turn around and and hand move everything and and and get rid of some of the big equipment, he could still do that. But you're you're not going to be

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able to run the same type of an operation without, you know, the larger equipment that we have. So >> this is you want to add before I go ahead. >> If you turn in the booklet to page 19

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and 20, I have findings for adoption. Finding one, finding two, three, four, five, and six. They spell out exactly what you just were talking about. Maybe we can use this for discussion. Finding one activities on the property

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constitute commercial use. The board finds that the physical operations occurring at 11 school street including yearround processing, staging, loading, exporting large quantities of firewood constitutes a commercial use within a residential zone.

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Zoning regulates the use of land, not business arrangements or point of sale activity. Finding two, loading of a commercial dump truck. Finding three, operation of a commercial conveyor belt is a commercial use. Finding number four, exporting processed firewood is a commercial use. If we get these findings

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in place, he might just keep running the saw to do what he wants, but eventually, if you cut him off from his from the way he makes money, eventually he's going to have to go get a job. He's going to have to go get a real job and Bob move his

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operation where it's properly zoned. >> I'm pretty sure suggested the conveyor belt is going to be the ultimate >> I think that's pretty much a limiting factor for him to process. So I I'm comfortable the way it's uh worded this

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motion, but I'm open to suggest just for the record if if this was to go forward and we were to agree and vote to to reinstitute cease and assist with these two points on it. Uh I would uh I

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would make sure council reviews it and that we are doing it the right way so so we don't run into problems later. We have the concept of what we want to do. >> Yeah, we could certainly put if you're saying add the board pending legal

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review and approval then sure I'll amend the motion to include that. >> Yeah, I I don't think you necessarily need to. I just want to you know we leave here today. This is I'm making sure this is run by somebody smarter and more more um wait a minute. >> You saying about me?

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>> I'm saying about all of us. All of us. >> So smarter. >> Yes. >> So when I came here tonight asked for the cease and desist to be uh reinstated and the findings for adoption. So are we going to have any discussion on what my

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findings for adoption what I'm proposing? Um, I think the board is is is comfortable with the direction we're going in. Uh, obviously we the board's going to make the decision. It's not going to be what

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>> but isn't that going to be open for discussion? I mean, I think I know a lot more about the property that the Bobcat is not an issue. That doesn't bother me. It's the conveyor belt and the exporting of the truck. And again, the exporting is difficult to to document digitally or

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watch or are you going to have to even if you have a picture of it and the load is covered. It's hard to say. The argument is always going to be there. You know, judge, it wasn't firewood. It was it was trash. >> So, would that finding even help in that case? Then >> if you read finding number two, loading

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of a commercial, that's what I was looking at. >> Yeah, sure. The board finds it loading a commercial. >> Oh, no, no, no. I did read that. But I'm saying like if he can always kind of evade the proof power, >> but the thing is if you read this, we can you can it's a commercial use if you're doing it right on the property.

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There's no reason to put three and a half court into it. >> No, no. I No, I completely agree with you. What you just said was that he could kind of evade proof regardless. Like I'm I'm going to I agree with finding number two and I would like to add that to the motion, but what I'm saying is from a from an enforcement

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standpoint, but at that point he would be in the actual process. It takes him four or five hours to load up the truck with that much. So someone could email Nate. He's in the process. So that's 9:00. So Nate doesn't have to drop everything he wants. He's got a huge window. Three, four, five hours. He

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could ride down just knock. He has a cease and desist on the property. So he's has permission to go on the property. He could walk right up to Mr. all to say you have been told that this is a parameter. You can't do that. How do >> you load the dump truck? >> Either by hand

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>> by hand by hand. Yeah, >> by hand. >> Okay. >> And the loader. >> And the loader. >> And the loader too. But >> belts. >> Let me finish. Many times he will cut all the wood like I told you describe and he'll sit there with a a splitter

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that he stands up and he would chuck it. I have videos of it. He does. >> So you can hear the process going on. It takes two, three, again, four hours depending on how much he's he's putting one, two, three cords, whatever his order is for that type of truck. I tend to believe what the audience is because

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this case it works out is is yelling out that he's using Bobcat. He's using the conveyor. >> He also for the most part probably 99, but the majority of time he's not sitting throwing it in. So if we could add the load, a lot of times he is you stop the other two that's probably going

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to stop. He automates the process by using the conveyor or bulks it by using >> I would say that's how I would approach it. >> Yeah. >> But by hand I think that would be >> but if we also cut it off at the ledge with the loading of the commercial truck regardless >> even that would stop almost everything

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because you can't load it into a commercial truck regardless if you use the conveyor belt. >> There you go. >> Yes. [applause] So, wait a minute. So, if there's a guy who's a plumber and he's loading his tools into his commercial truck, he can't do that. >> Well, no. I'm saying if there's a big

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dump truck and he's loading wood in all day, then you can stop. You know, >> he can but he could load his commercial truck with other stuff that's not firewood. >> Yes, he can. >> Oh, no. I'm saying just prohibit the fire. I mean, we're trying to prohibit >> not a piece of wood can go into that truck.

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>> I think we'd have to word it appropriately. It would have to be gone through legal, but >> to me it's the export of the wood that's also kind of the big tell. >> What's the threshold by which it's too much wood going into the drum? >> Well, that's what I'm maybe legal says. Okay, so many cords. >> Where is it going? >> Where is it going? Why would it Why

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would >> I think the simple >> That's a tough one to >> It's a tough one to quantify. It is easy to quantify. Don't use that and don't use that. Right. >> That's pretty simple. I think we start with simple >> black and white as opposed to gray. There's nothing that prevents us from

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coming back and adding more to it, right? Yes. You know, I think we're going to >> if he continues to >> operate with the dump truck by hand, I mean, God bless him. But if if it continues to be a noise issue for the

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neighbors, then they should come back and file the complaint and revisit the dump truck. >> The issue is the disturbance of the neighbor in my opinion, right? and whether he's throwing it in by hand,

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one cord, two cords, a half a cord. Okay. The real issue, everything you've shown us for videos and everything everyone's talked about here has to do with the sound of the chainsaw, the loading of it on the conveyor belt, the moving of nothing to do with big truck starting up and leaving and coming. He

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shouldn't be doing that. I understand that. But I think if we get rid of the two big items, it makes it nice and clean and simple. We don't have to say how much wood is too much wood, how much are you doing or I doing if he figures out a workound. We come back and deal with the workaround.

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>> John, thank you. >> I mean, I'll give you one more question. >> Last one. Okay. There's no reason for the wood to leave the property. You're saying load the truck, put trash in it, put furniture in it, put dirt in it, anything you want.

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But why do you have to put three quarter wood into it? Why would it leave? That that that's exceeding the accessory use. >> So, could Mr. Walsh bring wood to his friends? >> We I addressed that in my letter. >> He asked a question. Could he bring Could he bring it to his friends? Could

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he bring three quarts of wood to me if I was his friend? >> Three quarts. [laughter] >> So, that he that would be a pretty good pretty good friend because that's a lot of money. That's a $1,500. >> Okay. So, or he gives some to you and then he gives some to you and some to you.

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>> Yeah. I mean, let's all use our heads. He's not giving away $1,500 loads. >> My point is, we don't know exactly what that number is that he should or shouldn't do. This isn't as simple as somebody's holding a gun to someone's head to try to rob a

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bank to steal your analogy, right? We don't know how much it is. I do agree if he's using that conveyor belt on a regular basis, that's the equivalent of holding someone's gun to someone's head. We know they're robbing the bank. I don't know whether app where he's going with this who it should be.

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>> I think if we turn around and put in place what you said Jerry that should restrict it enough that it's going to stop the use and as far as I am aware from watching and listening there's been no evidence produced that he's actually selling and collecting proceeds from the

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sale of firewood. No one's approved that that that price. But I the point is I don't know if that's necessarily operating. So >> just because he's using equipment, I get it. But no one's really proven the fact.

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>> So well, I think we should probably >> that doesn't have to be proven. I'm sorry. The use doesn't have to be proven. >> We don't. >> So we have a motion. >> Oh my god. your motion just to make sure we have content. Correct. So I can make

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sure we >> I would like to reinstate the cease and desist motion >> with the parameters around discontinuing the use of the conveyor belt and the bobcat with the log for the

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attachment to move logs at 11 school street. >> I second that. upon legal review approval of course. Yes. >> Yep. >> Do we have any further discussion amongst the board members?

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>> Okay. All in favor? >> I motion carries unanimously. [applause] >> Thank you. >> Talk to council tomorrow. Make sure we draft it correctly. Coordinate and any reason that we need to do something

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different on the next Thank you. >> Thank you. >> Thank you. Good night. Thank you. >> It is cold. Yeah, I kind of run hot though. But yeah, it is cold.

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Yeah. What's next? >> But you have to say chop chop. >> All right. Next agenda item. Rubido Cornerstone Church Hearing 111 Highland Road. So, let's

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upid Lakeville zoning board of appeals acting in accordance with master general law chapter 48 is amended will conduct the public hearing on Thursday March 26 7 p.m. in the Lakeville public library for free street upon the petition of Lawrence Rubido. I

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apologize if I mispronounc special permit is requested under section 270.6.6 and section 277.4 to allow the replacement of an existing sign with an LED message board of 111 Highland Road site owned by Baptist Church

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application and sod documents can be viewed by the planning department. So, uh, I'm assuming you're here on behalf of the >> Yes. >> petitioner. So, why don't you tell us what you're looking to do? I think it's pretty self-evident. Then I can get my

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brief. >> Sure. >> Sure. Thank you. >> Uh, so basically the the objective is to upgrade the sign that exists that has been in place since 1988 from what I understand to an LED sign that is much

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easier to change the lettering. At this point, it has to use a cylinder key on both sides. You have to lift the plexiglass. You have to get your head on, let it rest on your back, change the letters, put them in, you know, the zero, and then you back up and see if

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it's spaced correctly. Okay? And it So, that's the way it's been. That's the way that was the standard. Uh, and the idea behind that is um we had great weather, good example. try to do that in the winter we just

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had. Now, most of the people are elderly in this church. Bear that in mind as well. And we're really trying to plan for the future. So, what this would enable us to do is to be able to change that lettering remotely. And if we have an Easter service,

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welcome the community and let them know what time it's going to be. If there's an event for the community to come in, the church is providing for the women to, you know, craft night or something. they can announce that to the people and it's not such a big ordeal. We've had instances where the sign has had the

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lettering up there three months because we hadn't been able to get somebody to get out there and do it. So, the idea is really to uh sort of uh it's it's part of a church's restoration process really and getting it current with what people are doing

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now. I know of other churches that are doing this and it just keeps it easier to keep it current. You can put the whole calendar up. You can alter it if need be. It is changed through a cellular tower. You can dim the lights at any given time

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on a timer. It automatically dims during dusk, so it's not going to blare anyone. It's a different brilliance during the day than it is at night, but it just gives the flexibility to keep things current and let the church be seen for what it is is being alive and not a dead

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church in this area so that people can see that the church is active and not stagnant and that there's this we're very welcoming for the community. So the objective is to make that easier

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to change the messages or the lettering which it really is a message board already. It's just a manual message board. >> So just for the record I'm assuming Lawrence >> Lawrence Riv yes 11 chair sh >> uh so let me read a couple of memos into

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the record for this one from the planning board dated March 23rd at their Thursday March 12th meeting. The planning board reviewed the above reference petition for hearing from the zoning board of appeals. The board voted to send a letter to the zoning boards recommending the applicant confirm the

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existing sign bylaw conformed excuse me to the existing signed bylaw in the following four items within electronic message shall not be more than 12 ft. There will be no illumination 11 p.m. to 6 a.m. The sign shall not above residential properties on side or across

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the street. Internally illuminated signs greater than 24 ft are prohibited. So looking at the design you sent to us, I think we're all set on the >> Yeah, [clears throat] it's the same size. >> Yeah. The first item, um I'm assuming it will not be it'll it'll comply with the

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no illumination 11 p.m. to 6. >> Absolutely. >> Um the only question um and I I know where the sign is, so you're all set on the Yeah. residential properties >> in teruminated. Uh the only question I had Right now it is a message board. You're

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saying it's going to continue to be a message board. >> Correct. >> Is it going to have any other type of graphics on it or it will have like characters? >> Well, nothing strobe like. We can we can adhere to whatever the rules need be. Okay. Now, you could put

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some sort of image. Yes, you could. It's not going to be a strobe image. And again, you can address the contrast, brilliance, and all of that. >> Yeah. We just My concern is with the these signs, we just want to make sure it's not something that's changing quickly or no people going to get distracted by this.

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>> Agreed. Agreed. Agreed. No, that would be a very slow um you know, change rate. Yeah. Yeah. Yeah. Within reason because we don't have that many things going on, >> right? Get to the sign change. So, uh

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the other memo is from the uh this conservation. Uh, and Hong Kong doesn't have any concerns about the proposed signage of 111 Highland Road. So, you're all set with that. >> Great. >> I don't have any additional questions. I don't see any problem with basically

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updating this sign and bringing it. So right. >> Anybody else have questions? I'm just curious if the um signage is only for the church. >> Yes.

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>> Okay. >> Yes. >> The signage. >> That's that's what the sign that's the banner on top. >> Like I said, that's what it's supposed to be. So, we're just clarifying that for the >> church usage. >> I got one quick question for you. Sure.

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>> So, I'm just looking at the sign. Um >> correct. >> Is this like a static? Yes, that's a banner more or less. It would be static. Correct. >> So this >> that is the area exactly >> be changing >> from basically fluorescent back lit. >> Yep. >> Manual letters to to that. It's just

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simply a different means. >> Yep. >> Same function. >> Yep. Do you have like just dimension of the actual? >> It's 4 by8. It's the same 4 by8. Yeah. But I mean I don't know what the actual screen size is that is actually changing

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the picture. Right. I believe that's 4 by8. >> Well, that's the whole thing is 4x8. >> Okay. On there. Okay. So, it's actually going to be it possibly might set >> of 4T. >> Okay. That's total >> the current from what I I think right now it's 4 by8 as far as this the the

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lit area >> from what I understand. So, we can verify that. >> But they knew what the dimensions were. >> It's not much. >> It's not very big. No.

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>> Okay. >> Any comments from the audience up to the mic there name and address for the >> um Rich Shep 110 Highland. I guess my only concern is LEDs can be very evasive. It's just um I know you said

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you could dim it. It dims at dusk. Um, but I might ask that you might look at maybe turning it off at maybe 9 as opposed to 11 cuz >> we could definitely >> cuz it's really just still a residential area. I mean, they roll up the streets here at 8:00. I mean, >> you know, the and it and that's more of

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a residential area versus being on 18 where we have some of the new LED signs that are very, very bright. >> You have the option to dim it at whatever contrast. So it could either be completely off or it can be, you know, just very dimly lit so that it's not

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it's just not a distraction. >> That's the only thing I would add. Just >> our bylaw, sir, is is 11 p.m. >> 11. Okay. Well, again, >> you by you I just heard him say something about 9ine and you kind of it sounded like you were kind of Yeah, we could adjust that. You

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>> Well, I I would say if we we're just speaking on my own behalf. I'm not Okay. We would make it so that the contrast or the brilliance of it would not be a hindrance. >> Okay. I was because I was talking to my other neighbor who's like directly right

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across from that and I don't have a direct angle to it. >> Yeah. >> But LEDs >> they can be >> they can be very >> that's all we actually spoke with the u manufacturer of the sign company um yesterday and they said you can have it

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at any given brilliance. >> Okay. And that can be on a timer and that can be either a lower brilliance during the evening >> or you can take it all the way down to nothing. >> Okay. >> So, >> that's that's the only concern we really had. >> Right. >> So,

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>> and I'm sure that we would be very accommodating too. >> I get it. And I appreciate you wanting to get your message out. So, I have no problem with that. So, >> it's definitely a good thing. >> Thanks. Yeah. We got another

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>> just >> quick Marian McCroll. I live on County Street. Um my neighbors on the other side, they have a lovely sign for their doggy daycare. Um I just don't like LED in such a beautiful area. And I also

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live with the that intersection is becoming a nightmare. If you come up Highland Road anytime after 3:00, maybe push it to poor, the line's all the way down the street and it's beep. People pull. It's

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a crazy intersection. You live there, right? It's very, very dangerous. I think it's a distraction practically. Another thing to look at or to look away from. That's just my point. If it does go ahead, I think it should be off completely by 9:00. >> When Mr. By 9:00 p.m. off, we don't need

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lights in Lakeville after 9:00. Everybody that uses that route will see it 50,000 times a month. They'll go by it. Um, nothing bright, nothing's wrong with a little bit of light in the back with a few black letters, >> but you know the >> right,

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>> you know, here we are. Uh, it's just it's just kind of lousy to put it in such a lovely area. Excuse me. >> It doesn't stroke. >> No, it shouldn't do anything that's someone might look at, distract in any way. It's a crazy intersection. If anything, we need a blinking yellow light up there or blinking red or

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something like that. And eventually that will come years to come because it's just becoming so congested. I've lived there for over 30 years and it's >> Oh, yeah. The school. Yeah. Everything. It's just It really is becoming a I'm so surprised there's not a lot more accidents up there. You know, you can hear the screeching of the tires or

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anything. But in any point, the church is lovely. The propertyy's lovely. I love your sign. I mean, we can all read. We don't need, you know, that in our face. But I do understand that you're trying to get people to come on. It has to be as rural as possible. >> And what do we do if we're not happy

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with it >> if we think it's too bright or it's 11:30? >> Okay. >> So, you know, she talks to us. >> All right. >> Well, you know, I'm I'm just saying, do we have to come back here or just go? I said to Mr. Marxon when he put up the um uh what do you call them? Storage units.

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He had those bright lights everywhere. And I just said, he shut them right off of me. They're not on in the street. You can see the whole thing nicely. So, and he planted beautiful trees in front of it. So, I have no problem with that at all. So, my my issue is just that it's a rural area and it's a lovely church and

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we'd like to keep it as close to that as possible. So, good luck. >> Thank you, ma'am. >> Thank you all. >> Anyone else? >> All right. Other questions from us or >> I'll make a motion. approve the special

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permit for the sign restrictions or just comply with the I would no restrictions but I would hope that he would comply with the neighborhizing >> sizing

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pretty >> bigger so all right we have a motion to approve the special permit. >> A second. >> Have a second. >> Yes, I second. >> Any further discussion? >> All in favor?

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>> I motion carries. >> Thank you, sir. >> You're all set. Okay. >> Okay. >> All right. Thank you so much. >> Thank you. Good luck. >> All right.

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All the way. >> I know. Mike first. >> All right. As you're handing stuff out, zoning board of appeals act general law chapter 48 amendment will conduct a public hearing on Thursday, March 26, 2026, 7 p.m. Lake Public Library for

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precinct street. On the petition of Campanelli, a special permit is requested under section 2761. C, section 277.4 4 section 78.2A 7 to allow the construction of a 29,400

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ft addition which will increase the height from 35.7 ft to 37.5 ft. The site is located in the indust. >> Hello Mike. >> How are you guys doing this evening? >> Doing good. I'm assuming you are sending

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the petitioner since you hand this stuff out. >> That That would be correct. Uh again, for the record, Michael Shaughness, same attorney with an office in Middleboro. Um with me tonight is Jeff Wyman from Campanelli. Uh Camp Nelly has been hired to construct an addition at the property

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at 234 Kenneth Welch Drive. Um if you look at the aerial handout that I I handed you, that's the existing building. It's approximately 35,000 square ft in an area plus or minus. Uh it's on a 10 acre lot. It's uh used for

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cold storage right now. Um it's pre-existing non-conforming structure. When you apply the um height regulation, it calculates out to uh 35.7 ft. We're proposing to put a 25,000 square ft

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addition to the rear of the building. Um, and the the topography of the site slopes from Kenneth Welch down uh downwards towards the wetlands and as you go further back the gray drops which results in the the difference in our uh

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building height calculation and it brings it up to 37.5 ft. We're not changing the roof line. the roof line staying. So the the um the addition will match the existing roof line, but it's going to be

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uh deeper in the back. It's going to be taller in the back just because of the grade change um under the B. >> Measure it from the sky. It's going to be the same height. >> It's going to be the same. It's going to be the same height. >> It's going to be the same height. >> It's going to be in the back of the building. You're not going to be able to see it from the street. That's the long

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and short of it. I'm happy to answer any other questions you guys may have. Let me read a couple of memos into the record. Uh planning board sent a 23rd regarding the 230 tribe at the Thursday March 12th meeting the above petition

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hearing from the board has no comments regarding the petition. the same email that we received for the prior petition uh hearing uh from the Hong Kong conservation commission. Uh Kong agreed to send the proposed project

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at 234 Kenn out to peer review. Assuming you guys are aware of that, correct? >> Correct. >> That is in the process. >> Uh conservation met last night on this Tuesday. Um we had planning board tonight site plan uh review. Um that's

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where Jeff had come from. So all those things are progressing simultaneously. Yes sir. >> [clears throat] >> question. Only question I have only because it becomes an issue. I don't think it really is an issue for this particular property. Uh but from a parking standpoint, is there going to be

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any increased um parking with the addition as far as walking distance? >> So, so right now um based on our calculations, there's uh 11 spaces out front currently and we're proposing three additional parking spaces. is

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currently five employees. We don't think the amount of employees is going to increase at all. Um so the the proposed 14 spaces should be more than enough to handle on what's going >> on. Are all the spaces utilized at this

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point or >> No. No. There's 11 up front. There's only four to five employees. So half of uh the the the parking along the side of the in the front of the building. That's the 11 spaces I'm referring to right there. Right. >> Yeah.

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Obviously we have height restrictions too and the fact that this is based on fact of the land dropping it's almost it's almost like you're making a deeper [clears throat] building as opposed to making a taller building.

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>> That is correct. >> That's the good way to I think that's a perfect way to >> and I don't think we have any depth we need to guys have any questions or concerns

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>> ask well we don't have anyone else in the audience to comment so um I guess I'll motion Uh I would probably just uh ask some word to make a motion that we

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incorporated that we decide to do forward that it would be subject to planning board site review. I'll make a motion to approve the special permit conditional on uh planning board and Tom's review

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approval. >> I second it. Any further discussion? >> All in favor? >> I opposed. Motion carries. >> Thank you very much. >> Thank you for an hour and a half.

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>> Half right by the hour. >> Couple more rounds. Okay. Right. >> Thanks, guys. All right. You're welcome. Good luck. I'm sure you know the routine tell you guys. >> Thank you. Thanks.

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>> Okay. Uh let's see. We have meeting minutes to approve January 12th, January 15th, and February 12th. So tomorrow January 12th. Mr.

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>> So why don't we go back then? Do one of the want to make a motion to accept the February 12th? >> Sure. I'll make a motion to accept the minutes from what's the date? >> February 12th. >> February 12th. >> I second. >> Discussion. All in favor? I.

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>> Motion carries. Uh now we can do the 12th and 15th. What's the other question? I think we can. three. >> I make a motion to approve the finish on the 12th and 15th of January.

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>> Second. >> All in favor? >> I carries. For the record, our next meeting is we got these. I'm going to do it in chronological order the way it's listed here. Our next meeting is Monday, April

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13th here. It's the continuation of the Simmons Hill. We notice Barbie Woods hearing. Remember those will start at 6 o' uh then we have our normally scheduled um April 16th, Thursday

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7:00 for our regular meeting. So let us know >> everything's back here. Yeah, everything's back. The only until it go. All right. Anything else to come before us? Motion to

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>> make motion to second. Second that is 8:23. We are reserved. All in favor of