[Music] evening. Call to order the zoning board appeals meeting of Thursday, October 16th at Lakeville Public Library. Our first agenda item is the continuation of the Patel hearing for 90 Main Street.
I believe the last time we saw you, sir, you want to come on up? We need it to get stamped plans. >> I think we have stamped plans. >> We have a stamp was asking. So Jeff, why don't you tell us if we have what we need now?
>> You have what you need. This is exactly what I wanted and nothing else has changed from your application since last time. Correct. >> Yeah. >> Okay. >> Yes. Yeah. >> So with that, I encourage the guy to make if he wants he's so inclined to make a motion since he has what he wants
now. I do it. I make a motion. We approve this special. >> I second. >> We have any further discussion? All in favor? >> I opposed. Motion carries unanimously. >> Kathy, you tell Mr. Patel what's next.
>> So, we have two weeks to do the paperwork. After that, it goes to the town clerk where it stays for 20 days. So, there if in case there's appeals, if there's no appeals, I will contact you to come pick it up. >> Okay. And then why we have to go to the building department.
>> So then you would go to the registry of deeds. You record that decision and then you bring your receipt to the building department. >> Okay. >> Okay. >> And they'll give you a permit and you'll be good to go. >> Thank you sir. >> You're welcome. Have a good evening. >> Thank you.
>> Okay. Next agenda item. Make sure I do these in the right order here. Yes. Okay. So Lakeville Zoning Board of Appeals acting in accordance with master general law chapter 48 as amended will conduct public hearing on Thursday October 16 7 p.m. Lakeville public
library for precinct street petitioner Derek Maxi special permit is requested under section 270-4.1 and section 270-7.438 438 will allow construction of single family dwelling located in the business zone. Property site is 34
Reservoir Avenue and documents were available to be viewed at the planning department. >> Good evening, Mr. Max. >> Good evening, folks. How we doing? >> Hang on one second. >> Yeah. Did what address did you just read? >> 31. 31 Reservoir. All right, let's start
again. Good evening, Mr. Maxi. How are you? >> Good evening, Derek Maxi, 55 Longpoint Road, Lakeville. >> So, why don't you tell us what you're going to do? But then I'll read some stuff into the record and we'll go from there. >> Okay. If I may, Mr. Chairman, can I just pass out copy of the plans? Everybody has them. >> Absolutely. >> I think you may already have, but the
two lots one and lot two. >> You got >> Yeah, we do have it. But >> yeah, just kill some more trees there. >> You don't want to recycle. >> All right. So, I'll wait for you. >> You're good.
>> Yeah. So basically uh the life of country club all the property there is zon business and uh as you know that everywhere around me is pretty much residential and all the on the other side of reservoir a is all residential. So instead of trying to do some business on that road it's a dead end road. I
think everybody would rather see it residential. So I I think that's the right way to go. So I'm planning to put two houses there at some point but this is the first step. >> Okay. >> Plain and simple. So, um, >> planned with your approval, I should say.
>> Can't do much without us, can >> right? >> Um, okay. So, I do have a letter to read into the record from the Lakeville Planning Board dated October 6 at their Thursday, September 25th meeting. The planning board reviewed the above
reference petitions for hearing for the zoning board of appeals. Board supports the petition to allow a residential dwelling in the business zone. Um other than that
uh as the petitioner pointed out uh the only reason he is before us is because it's own business and without us issuing special permit they cannot construct anything residential. So, do we have any questions or questions? You go see Nancy
already. >> Concom. >> Yeah. >> Yes. Yeah. >> And we're actually uh well over 100 ft from the reservoirs out of there. So, we're actually 200 feet away. >> Yeah. Well, the other question I have is it's in the ninth fairway. The ninth fairway is right there or the 18th
fairway. >> The 18th fairway. Yes. Yeah. the uh lot one the house will be right up near the street and lot two will actually be kind of around the corner uh where where it says parcel >> cuz I have a tendency when I played
there to slice it a little bit and it ended up where the houses are. >> Me too. And we plan to shorten up that that fairway anyways uh for that reason because right now they're hitting the houses that are prior to that. So we've already shortened it up. So that would
be prohibited from happening. >> So you're going to redesign that to avoid >> which we already started doing that. Yes. >> So we're real quick. So I go down there with my bikes, the girls all the time. Yeah. And we turn around on your gate,
right? So, you're saying this lot two is going to be how far to that gate. Uh, and then how far into the 18th hole will that go? >> Yeah. So, lot two, the house will go
basically, I'm assuming, probably where parcel A is. Uh, the the gate will actually be it'll still be there, but it will only be for that house. There's the gate's not going to be I know that's a big concern. Will traffic come that way? Absolutely not. uh because this property is going to be
actually taken away the access for there. >> Okay. And then for the usage going forward, you said you're shortening the hole the golf course behind that. >> You're modifying it. Yes. >> Okay. >> Yeah. >> Okay.
>> So, will they still be going through that particular playing in that area where it's >> Yeah. I don't plan on selling the houses. So, we're going to let it's they're going to keep I'm probably just going to rent them out. I want to keep the houses because it is on the course so I can keep access to that land down below. >> Okay.
>> I'm good. Thank you. >> Any additional questions? >> Not yet. >> Not yet. >> I don't have any questions. Chris, >> no. >> I have a question that's really not pertinent. So
it was more of just a curiosity. >> Curiosity. >> How how do you handle the grade change? It's quite a drop off. >> So if you were to go to the site lot one right now I have the house pretty much staked out where it's going to go. It's going to be 40 ft off the street and
that's staked out and it's going to have a basically they're both going to have walk that one's going to have a walk out seller. The other one will not because that's pretty much level ground over there. Yeah. So, >> uh, anyone in the audience have any questions or want to make any comments?
>> Come on up to the podium, sir. Tell us your name and address and >> Sure. >> This may not be the most appropriate question, but anyhow, >> can you tell us your name? >> Sure. Tom Barone. Uh, I own 16 Reservoir Avenue together with my wife and I own
13 Reservoir Avenue outright. So, um, my question is, um, really how this, uh, designation of these two housing lots will tie into any future development of the senior housing because it seems like
the 18th hole is really going to be nonfunctional. um you know with with any houses built on these two lots answer that question. >> Sure, Mr. Chairman. So, there's a pro a proposal that went Tuesday to the select
board and the planning board and the proposal is to build uh senior housing. Uh quite a few of them. I think it's 424. That's their proposal. Uh but in this case, they're going to convert it down to it's going to be a 9-hole golf course and not 18. So they're just going to
pick the holes that'll work for it. So exactly which ones are going to be it could be gone, right? >> So do you have a plan for the remainder of the 18th fairway that's not affected by 31 and 33 reservoir?
>> Not at this not at this point. There is a there should be a public record one at the town because they just met with them Tuesday. Uh but I do not have a plan with me. >> Right. Okay. And the the lots seem to extend into the small ponds that are on the course
there. Are there any concerns from the conservation commission or um with regard to the water quality there? >> Right. So the the question is it going to is it going to affect the ponds at all? >> Right. And the obviously Kong would not
let that happen and and we are going to be 200 feet away and any gutters or anything like that. It's going to be pitched obviously where it needs to go. Nothing's going to go in the pond. >> When did you file with Concom? >> Uh it's been quite it's been quite a while now. On this this one here, I did
not file on these two because they're 200 feet away. >> Okay. >> Sorry. >> You're just you're talking about the other development. >> Correct. Nothing to do with this board. So, you're going to be 200 feet away from those small ponds. Yeah. >> Or 200 feet away from the bigger pond
that's called the reservoir. Yeah. We're not close to the reservoir, but we are going to be 200 ft away from lot one's going to be over 200 feet away. Lot I can see the line here. I just can't read it. Uh but we're definitely going to be further away. And if there is any
concern, I'd have I would get Concom's approval. >> Yeah. I mean, I can't remember the lot in my head on 31, but 33 the the back line of the lot is right halfway through the pond. >> So, sir, are you concerned? You're
concerned for the pond. Is that what your concern is, or you just curious? >> Well, just a general understanding, you know, Mr. Maxis has had multiple uh ambitions for development of the golf course property and this one seems
pretty benign on its face, but you know um knowing that he has broader ambitions, I'm I'm just curious what what's in the future, you know, and the the ponds. It's hard for me to believe that the
house will be at least 200 feet away from the existing small ponds. I can see it. Clearly, it's going to be more than 200 feet away from the bigger pond, the so-called reservoir. >> So, just for your edification, and
anybody wants to question, and I'm not saying I'm 100% right all the time, so I'm awful. Somebody keep me honest here, but we're permitting him. We would be permitting him to build a house there, >> right? >> He would still have to go through
pulling permit and giving plans and designs and whatnot. And and in that case, if it was within any setback areas or too close, then the he would still have to go before Kong and get their approval because the building commissioner would would still go
through the regular application process. If this, for example, were already zoned residential and he didn't have to come to us and he went and pulled the permit, he would if it was within a certain setback area or the plan showed that it was going to infringe where it shouldn't infringe, he would be required to go before Concom anyway. So, the safeguard
is still going to be there. He's just coming to us to see if this board will approve special permit to allow him to change the use where it's not zoned to be used for residential. >> Understood. Yeah. Just a lot of my
concern is just general concern. >> I hear you. >> Okay. It's a wellestablished neighborhood >> and it's been a joy to live in that neighborhood for a long time. So, >> understood. >> Thank you. >> Okay. >> Thank you.
>> Anyone else have any questions or >> any follow? Go ahead. >> Uh do you have any specific timelines, Mr. Maxi on on like when you expect to develop it. Are you going to develop it like uh simultaneously or? >> No, I have no timeline. I I just knew
this was a procedure because as far as I was concerned, a lot of the neighbors would not want me to do business there and which is what's allowed. So, in this case, I'm committing to doing the residential which which fits the neighborhood better, >> but I don't know when
and all the neighbors were notified. So, people were concerned we would have more than two people sitting in the audience with this. Yes. >> Any followup questions from any of the board members? >> No.
>> Well, I don't have questions. Um, in these scenarios, I kind of defer to what I just stated. Obviously, the neighbors are the ones who would be mostly impacted and as Mr. Maxi said, most of this area is residential can't even golf
course. So I don't see any major concerns, but that's just me. Anyone else? So we have a fork in the road. We either make a motion or we I'll make a motion we approve this permit to construct the
single family home in the distance for 31 res. We have a second. >> Second. >> Any further discussion? All in favor? I opposed. Motion carried unanimously. Okay.
>> So, before I have Kathy do her spiel, >> why don't I just take care of the duplicate right now? >> And I can wave the spiel. I've heard >> she's not failing me today. >> I'm not I'm not uh waving anything. I don't need anybody coming back and do
something the right way. You don't have to get up and say the same speech again, though. Don't worry about it. I'm not going to make you get back up there. Um, Lakeville Court of Appeals acting in accordance with Mass General Law Chapter 48 as amended will conduct public hearing on Tuesday, October 16th, Lakeville Library, precinct street on
the petition of Derek Maxi for a special permit requested under section 274.1 and section 277.438 to allow the construction of single family dwelling located in business zone. Property is 33 Reservoir Avenue. Application and documents were available
at the planning department. So, is this a duplicate application, sir? Other than the address change? >> Yes, it is. Yes, sir. >> Okay. Do we have any additional questions in regards to this one? >> Nope.
>> No. >> Anyone in the audience? He wants to get back up and talk again. I can tell. Um, >> all right. >> Wondering if they're going to be slang for this video. Well, you can talk to him about what he's going to put up
afterwards. Um, >> I make a motion. I'll make a motion we grant him a special permit to put a single family home in the business zone. 33 present. There is a second. >> Second. >> Any further discussion? All in favor?
>> I opposed. Motion carries unanimously. Thank you. >> All right. Don't go too far there, Derek. This one's not. >> Okay. Lakeville zoning board appeals acting in accordance with mass general law. Chapter 48 as amended will conduct
a public hearing on Thursday, October 16th, 7 p.m. Lakeville Public Library for Precinct Street. Upon the petition of Derek Maxi, special permit is requested under section 270-6.3 C1 and section 270-7.45C 45C to allow
the maximum aggregate of building size to exceed the allowed 1,000 square ft. The property is 55 Longpoint Road. Documents and applications were available at the planning department. So, um before you jump in, let me just read the planning board memo um from the
planning board dated October 6, 55 Longpoint Road, Thursday, September 25th meeting. The planning board reviewed the above reference petition. the hearing from the board of appeals. The board has no comments regarding this petition and I believe that is the only
Yes, that's the only memo I have to read into the record. So, looks like you want to make something a little bigger than you allowed to. So, why don't you tell us what you want to do? >> Thank you, Mr. Chairman. Derek Maxi, 55 Longpoint Road in Lakeville. And if I may, I'd like to just hand out some just
a packet so you can look at it. Okay. >> I'm assuming that's what you book in the bill. >> Yes. It's always helpful. >> And there's a also a photo here of the existing house that I live in now, >> which I'm trying to duplicate that >> with a graph.
[Applause] [Music] [Applause] >> I assume the first page. Yes. Yeah. So, I live in a barn basically. It's the property down by Betty's Neck, the Deacas property. It's It was one of
their original workshops that they had back in the 30s and 40s and then we converted it into a single family one house. >> Yeah. So, Mr. Chairman, if I can keep going. >> Go right ahead. >> Okay. So, uh the situation here is kind
of unique. Uh back in July of 2024, I had applied for a building permit to build this garage and did the I did some work foot in some the survey and stuff like that. Uh and then recently as at sometime this year the bylaw changed to
1,000 square no more than 1,000 square feet. So the building commissioner thought the best thing to do would be to come in front of this board and uh explain what we're trying to do. The foundation's actually actually already in because I had started this. And this
is the uh I'll give you the build permit application. >> That's all right. >> So, because I dragged my feet trying to get this done, uh it kind of put me in that little dilemma zone. And as far as the building commission, he thought this
would be the best approach that way. Uh because even though I appi I I applied for the permit uh I only had like the foundation part of it part of the permittee allows you to do that. >> You have the foundation permit. You didn't have the regular permit. Correct. >> Right. >> Yeah. >> Right. which isn't uncommon for the for
the record, but it also means you weren't grandfathered in before we passed our sub. You can take my whole packet. >> So, this is on the corner of Long Point and then going into the primary dog. >> Yes, it is. And they're I have two
neighbors. My nephew's one of them and my daughter's the other one. And I'm surprised they're not here. No. >> There's the two houses on the left before that. >> Correct. Yeah. And other than that, uh there's conservation land behind me, bogs to the right. Uh I'm I'm not encroaching on any of the setbacks uh on
one of the plans. I think it shows um quite a bit away from any of the sidelines or front line. >> Yeah. Um, is the 1800 just the first floor or both floors? >> Uh, just the first floor. And I'm hoping
to go back to the planet board and do an ADU on top. Uh, that's why they made comments on this already because I've been met with them already once. >> How big would this ADU be? >> Uh, most of it's going to be storage up top, but the ADU is going to be less
than the 900 ft. >> That's going to say you correct. Yeah. >> So that's my dilemma. >> That's your story. Okay. >> Well, does anyone else have Does anyone have
any comments or any questions at this point? >> Just a clarification on this page. >> Yes. In the red it says, "Is it hall? Is it connected to the existing
structure?" That was that was one of the things the build inspector said. If I if I wanted to wave this part of it, then I'd have to connect it to the house. And my thought is, you know, it's a long way to do that just for that purpose. I'm hoping that I can get approved for this tonight and not have to do all that.
>> Yeah. >> Yeah. hooked to the house and a garage. >> If it's a hook to the house, then you're all set, right? You don't need us. >> Right. But I do need you. >> But you still have But you're still going to have the same structure there. >> Yes. Correct. >> And I think I'm And on the record in the
past that I I tech I usually like to defer to the neighbors. I mean, they're the ones who are going to be most impacted by this. And >> right >> now that we know it's your family and you probably told them not to come, but that's all right. No.
The neighbors are not opposed to it. You're not approaching any setbacks. I personally don't have a gentleman in the back. >> Sure. Let's find out. >> Okay. >> If we don't have any questions, ask the audience.
>> Okay. Anybody have any additional questions at this point? >> No. >> Anyone in the audience have a question? Okay. >> Yeah, I'm good. You good?
>> Yeah, I'm good. >> Did you already put water to this or you put water to it? >> I have an underground pipe going to it. Yes. >> Okay. And then you can attach it to your septic already. >> Yes. >> Yeah. I've already been, believe it or not, the plum inspector's already inspected this as well. So this is kind
of like a last thing that came up and >> Nate just wanted to proceed with >> caution to you. Anyways, correct. >> Right. Right. >> That may be a problem. >> It could be. >> Yep. Not ours right now. It's not ours. So,
>> and this is just for your personal use, correct? There's not anything special. I I have some classic cars that I want to kind of put in there. And >> what kind of cars? >> Classic cars. Yeah. >> Your own personal storage, >> right? Yes.
>> No intention of operating business. >> No. No. I have about 10 cars now. So, might not be big enough. I don't need any bigger. >> Yeah. >> Well, I >> That's your problem, not >> I buy them in rough shape and then I do
most of the work myself on them. It's kind of my keeps my head kind of going straight. >> Nice. >> Well, unless anyone else has any questions, anyone to >> I make a motion grant special permit to
uh conduct the garage on the 1800T structure, 1800. >> It might be a little It's 36 by 60. What does that come out to? >> Is it 36 or 36? >> 36. We you make a motion to approve special
service for >> Okay, >> that'll be perfect. We have it all on the record. So, it's about 1,800. Do we have a second? >> Second. >> It's 2160. >> Okay. Glad to cut that.
>> I'll second 2160 as applied for we get a vote covered. Yep. >> Uh any further discussion? All in favor? I opposed. Motion carries unanimously. >> Mr. Chairman, I'd like to thank this board the board for being here. I know
it's a thankless job sometimes. And I also have to kudos to Kathy. She's does a wonderful job in the office. So, >> you got it approved, man. >> It doesn't matter. She does. She's there. She >> I will suck it. Kathy does an excellent job. >> She does. >> Thank you. Thank you very much.
>> You don't need to tell him. I think he knows. >> He knows. >> All right. Yeah. >> Uh, let's see. So, we have minutes from September 18th, correct? >> No, I didn't think so. >> I was just thinking, did I miss something? Cuz I didn't see those in my
packet. So, we will be working on those next time around. >> Yes. >> Uh, let's see. So, couple of housekeeping items. The first one is obviously Learon uh that we uh permitted a couple of meetings ago. The board voted to give me the authority to sign
the permit when it was uh the paperwork was complete which I did. Uh there was one additional piece that I did not want to sign without disclosing it to the board. The actual what what did we say it was? The actual phase and area plan that needs to be filed with the registry
of deeds also needs to be signed. So rather than you guys vote to let me sign it, we're all here. We're all going to sign it. How does that sound? >> I can't post as as proposed. And yes, Jeffrey cannot sign. He's refusing himself from from signing that. So, um I
don't think we need to take a vote for this because we're all going to sign any. It's not you're not voting for against you. Just sign the plan approved. Um so, we need three of us to sign it. We can do that when we close the meeting. Uh the other item that I'm
going to bring up, we don't have other business, but just to point out, um I did have Kathy send out, we just received within the past week and a half or I didn't receive it, but the town received it for the record that um we received our housing uh production plan
certification certification uh of approval from the executive office of housing in Liverpool community. Um this is on record at the town. Uh and basically what it means is we have hit our 10%. So we are in a um
>> safe haven >> uh compliance for two years um as of February uh which is when that uh we hit the 10%. we are just over at 11%. Uh so what I do want to state for the
record especially because this is on PM is anything that has been applied in uh for permitting at this point uh for example Rocky Woods which is now Simmons Hill that is not affected or impacted by this. That is already in the process. So
that is not something that a town we could say no to. Just because we're over the 10% uh doesn't mean that somebody can't apply or that a board cannot still approve that. Uh what I do caution everyone is we are over 10%. I don't
know of anything personally that's coming down the pipeline at this point, but this is this is fluid. They do this periodically and as new censuses come in, populations go up, that 10% number is actually going to change. So when
you're just over it, historically it normally comes back and you're under it again down the road. So uh I just want folks to realize that just because we're in St. Paul doesn't mean that we're good for ever in a day type of a deal. >> Would that number get reassessed before
2027 or would it always be sub, you know, always after 2027 since we've been approved to 2027? >> Would it get approved >> like would our numbers for the 10 Yeah. Would our numbers would the 10% number be reassessed prior to our safe harbor expiring?
>> Uh there's a full exp well I shouldn't say full explanation but it gets into a little a little of the details here. Um and rather than misstate anything I'm going to be very cautious here. And was here I would turn it over to her to make sure I don't misspeak. Uh but it's again
I I I'm only pointing this out because town received it. A number of folks already know it in town. I think it's important that this board knows where we are uh that we are in safe harbor that we do not have to approve anything at this juncture but it's it's temporary
and again by the time this got approved it was it was February 27th it was I believe it was the um the hospital site which which put us into it. So we are already almost a year into it. So we literally have what 16 or 17 months
before we're out of it again. Um and again don't look at the numbers at that point but like I said it's all indicated on 100% of the population. So the other thing too is the ones we approve permitted if they don't apply for a
building permit in certain period of time. >> You are absolutely correct. That's a fair point. So as an example like Bill lost >> so they don't pull a permit. Uh I believe it's a year >> a year.
>> So if they don't pull a permit, all those come off and not to ruin anyone's evening, but just because they haven't pulled the permit doesn't mean their permit that doesn't mean their their bigger permit till the project goes away. So they could not pull permit or
out of safe harbor and now all of a sudden someone else comes in wants to build another 40B and then they decide 6 months later they're going to pull their permit. Now we even have, you know, it's not like it stops them from doing that. We're going to have a larger number. So there's a lot of moving parts here, but
we everyone asks when we're going to get to our 10%. We are there. We're barely there. Um, but I'm sure we'll it will change in the future. So just for my clarification, the current inventory excludes anything
that's proposed with Rocky Hill. The inventory does not increment them. And so today, as of today, we are considered in compliance with safe harbor inventory. >> Yes. >> For the inventory in town today.
>> Correct. But keep in mind, Simmons Hill has already been in the process. So it's not like we can go to the next Simmons Hill meeting and say, "Oh, you guys have to stop now." >> No. But don't we have more flexibility as to how things progress with a
development like Rocky Hill? >> I don't believe so. Amy will be at those meetings and will guide us. Uh but it's it's the state wants housing at the end of the day. So we're not going to have a lot of
flexibility to say we want you to shrink down the size of it. we want you to. It's what >> Well, I think we should exercise our ability to manage a development if we're in compliance with other state requirements, particularly when it comes to 40B. This is going to be outside if that permit now changes
from a comprehensive permit and 40B to something different. We should be able to manage that development. >> Well, it's still a 40B permit. >> Okay. Yeah. No, it's it's still it's still protected under 40B. >> Do they have the permit? >> No, the permit process they have applied under 40B. So there are already.
>> So you don't need the permit. You just need to be in the queue. >> Exactly. >> So we have to continue with this 40B process. >> Yes. >> Okay. >> That's a state state. >> But that would only increase our numbers, right? That project if it goes through >> that number is figured in there. Is that
>> I didn't see that one listed. >> No, it's not. That's why I was asking is that inventory is lock included in that inventory? That's not. >> No, I I didn't think so, but >> it's not. I looked at >> Yeah. No, it isn't. Okay, >> double check. And the last one here because they they do it um yeah, they do
in order. So the last one they have is Cranberry Heights, which is the hospital site. Uh so it is so Rocky Woods when that does get permitted that'll get added to it as well and that'll be additional. Although there's 200 units
at the hospital. So let's assume the hospital doesn't pull permit. Those 200 units come out. >> And even if Simmons Hill gets approved, like I said, we're just over 11%. It's not 200
units, I don't believe. Is it how many was they're down to 100 something? >> It's based on the 2020 census. So, are you asking to >> Well, no. I'm I'm saying the number of units that they're going to have up there because the number of units versus the versus the census is how they come
up with the number. So you said >> can you explain again? So if if >> I'm explain one more time >> for the best you get. So my my question is if it's not calculated in
um that spreadsheet there it has all the permitted 40s. How how was Rocky Woods? If if Rocky Woods is not in that
then does that mean it's not permitted? >> Correct. >> It's not permitted yet. >> So even though they're in the queue, if they if they're in the queue, why is it not like in that percentage? because
there could be something why they maybe there's a there's a health danger, you know, and remember they >> it's very very tough, but there's a public health risk. >> They turned around and found out there's like arsenic in the water, you know, and there's no way to to develop that
because it's going to be so dangerous that it's going to threaten lives. They're not going to include it until it's permanent. My guess is the theory behind it is if you've put your if you've already put in and you've spent money and time and effort going through the process just
because you hit a number, they're not going to stop that they're not going to stop that entity from going in, right? And you could you could have spent hundreds of thousands of dollars or whatever and >> and this number comes out and all of a sudden, sorry, we're just going to say no because we want to say no. Again,
remember that the state is driving housing. They're going to do anything they can to >> to to to allow that to happen. >> Yeah. But but that's the purpose of our existence is to control what we want to have developed here. If we meet compliance, then we should be able to
control what gets per >> Yeah. I just the law of the safe harbor is not retroactive. >> Say, say that again. >> The safe harbor is not retroactive. Just like you said, if they apply before we say hover, then they're in >> Yeah. >> for potential approval.
The problem that you and most people are having and I I tend to agree with you in theory is that someone else is dictating how we can regulate our community. >> What I human nature is that the handcuffs that are placed on us >> y >> for 40b development
>> y >> it should be loosened because we are above compliance. So therefore we can put more >> boundaries but they around a permit within that is dictated by the state.
>> But I guess maybe what are you alluding that maybe if we deny something the state would be more inclined to not just favor inside of the developer in this case because we've already reached safe safe harbor. You asking me or >> I was asking Jerry is that because I mean ultimately if we deny something and
they appeal normally what would happen is the state would side with the developer right if we haven't reached safe harbor >> my understanding is that's still going to be the same scenario >> but I was wondering if that's what Jerry was thinking that >> I think we should be allowed to have more influence on what gets developed at
a site like that if we are if this town is in compliance with the state >> Oh no I completely agree with that too. I just don't know if that's >> so instead of getting it pushed down that we're not and therefore you must it should be more that we will consider.
So that's just my position. That's not my formal position. >> No, I I don't know. Maybe I didn't express myself correctly. I agree with you unfortunately about our handcuffs. It's it's almost like you've tied our hands but now we're there. Loosen it a
little bit. No, we haven't loosened it at all. We're going to You guys still have to operate the same way you did because they've already applied for it. >> Okay, then why have a a threshold anyways? >> Well, the next we'll have no complaint. >> Well, say another one gets applied for next week, then
>> Chris is right. If somebody wants to cut Just because you're hitting the threshold doesn't mean we still can't accept 40s. We could turn around and be at 11.2% 2% and we have nothing in the queue. But we, you know, we're reading the tea leaves and knowing, listen, we know that census is coming down the road
and our population is going to jack up and we know we're going to be under the 11% and we have what they call a friendly 40b coming in. Do we work with that one or do we say no and then wait for someone to come in after the new numbers are who we don't want to work
with and it's basically going to thumb the nose at us and say we're going to do whatever the heck we want to do because you can't stop us because the state's going to allow us to do it anyway. So >> I just feel like your position is that it doesn't matter. It does we don't have any kind of say >> I don't think we have any say till we get to >> That's what I'm saying.
>> 15%. >> Why not 20? Why not 30? I mean, why don't why even have 10? What's the point of having a compliance threshold if we they could just do another 40b development or we can't? >> No, no, no. My point a comp the
compliance is 10%. My point is when you're only a little bit over historically, it's always it's going to come down because when the new census comes out >> fine, when that h if that happens, >> right? And if that when it happens, right, then the board, this board would consider a different comprehensive
permit 40B. What I'm saying is why can't we have more control over now Rocky Woods? >> Because I'm just making an example of Rocky Woods because we're over that threshold. >> I'd love to have more control, but we
don't because they've already applied. what's our what's what are the circumstances by which if we said it doesn't fit with the character of that area >> and therefore >> they're they're protecting the same 40 guidelines as >> would the implications if we say no
>> same implications as before they'll turn around and say we're going to go to the state and the state's going to approve what we apply for I mean unless >> despite the town is over its threshold >> yes I can guarantee you >> which is why I'm asking why it have a threshold >> well because if another one gets applied for next week we can >> then we have the power to say no
background does a really terrible job and and has you know whatever the reason we can we can say no now if somebody wants to apply next week >> why can't we say no to a rocky woods >> they've already applied >> doesn't matter I think that I know I'm not I'm not here to dictate timelines and all that
>> Kathy I haven't done this I've never done this but didn't my predecessor used to say I'm going to give you some homework >> I know I looked it up I'll give you homework I looked it up and I was disappointed I was very happy when I saw this email today and I said this is fantastic. This
board won't have to do comprehensive permits for 2 years. >> If you come back and find a rule in the law that says we can say no to Rocky Woods, I will support. >> I think we're always within our right to say no. That's why we take the risk of
saying no, particularly if we're under compliance. But I think if we're over compliance, we provide condition reasons of why we deny a permit. >> We can solve this very easily >> and I'll do my homework to get >> you don't even need to do your homework.
We're going to ask Amy town council and she will tell us whose interpretation is correct. >> Anything else to come up? What do we want to adjourn the meeting? >> It was a good debate. >> Yeah, I like it. Very interesting. >> I think we all agreed. Honestly, I don't even think it was much of a debate.
>> We'll find out for maybe. Yeah, >> I honestly I'd like to make a motion to adjurnn. >> Second. >> I second. >> All those in favor? I opposed. Motion carried unanimously. We are adjourned at
7:45 right now. Yeah.