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Video-1: youtube.com/watch?v=XJsJCQwT3_0

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[music] >> to order the Zoning Board of Appeals meeting of Tuesday, June 9th. We're at the Lakeville Public Library. Uh the only agenda item we have this evening is the continuation of the Simmons Hill LLC hearing, also known as Rocky Woods.

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So, [clears throat] um we have an update. This meeting is uh initially was slated to talk about the um review of the original traffic study because the petitioner has um changed uh

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changed the project a little bit to to the town's benefit, we believe. Uh but, I have to deal with some housekeeping issues currently. So, unfortunately, we've had a Zoning Board member uh resigned uh as of the end of

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last week. Um he resigned for no other reason than he moved out of town. You need to be a resident of Lakeville in order to sit on our Zoning Board. So, uh we have uh another Zoning Board member who has um has to recuse himself uh conflict of

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interest issue, um which has been the case since this uh hearing started. And we have a final Zoning Board member who has missed two meetings. Uh and basically, the way it works is you can miss one if you reviewed the meeting. There's a um

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a a Mullen's rule that goes into effect which the town has adopted a number of years ago, but you can only miss one meeting. So, where does that leave us? It leaves us with three members, which is definitely short of the five-member board. Um

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this is no reflection on the petitioner. This is uh a not a them problem, this is an us problem. So, in order to resolve this, um the best course of action um is and I will invite town council to weigh in as

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soon as I make this final statement is to I don't know if I'm saying it technically correct, but um to reset the hearing or the process. Um and that doesn't mean that we're starting from scratch scratch. It just means again, from a housekeeping standpoint, we kind

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of [clears throat] need to do a few things and I will now defer it to Jay Tellerman, our town council, to explain what what our our I guess our options are and what our preferred um option would potentially be. So,

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>> again, Jay Tellerman, town council. So, unfortunately, this kind of happens from time to time, especially with hearings that stretch over multi-session hearings that stretch over a long period of time. Sometimes, it's members coming and going. Sometimes, it's people missing more than one meeting. You know,

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we can rehab for one meeting, but beyond that, we can't. And over the years, rather than completely restarting and starting from scratch, what we've come up with and it works with the open meeting law and works under the hearing

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requirements is kind of pressing kind of a mini reset. So, we kind of make a you know, put a marker in the ground of where we are now. And then we republish and re-notice the hearing as if it's kind of restarting.

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And that will rehabilitate either board members that have missed a day or new allowed board members to participate. And then at that first hearing session that we where we've restarted, what we do is we take a quick motion to

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incorporate all of the existing evidence and reports and studies, do a quick recap from the applicant and even from John and here's where we are, here's where we're picking things up again. So that we it's not quite seamless, but it's as close to seamless as we can get

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it while we're kind of resetting the membership of the board and allowing us to kind of start again. So John presented that to the applicant's attorney. They seemed okay with it. We're in a good place where we could do it because there's

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been some revisions in the project as my understanding over the last several months or last several meetings and so that allows us to get to a point where we have more than the bare minimum board members cuz if we have the bare

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minimum of board members then it's got to be unanimous vote and from an applicant's perspective not ideal. >> Right. And again, that's not on the applicant, that's on on us. And it's when I say it's on us it's no one's fault. It's you know, somebody moves out of town, someone had some conflicts. I

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mean this is a fully volunteer board so people have regular real jobs that they need to get to as well. The good news is again, one of the individuals had missed a couple of meetings so he is still on the board he's not here tonight because

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he knew he wasn't eligible to vote on this this point. So we he he can get incorporated back in. In addition, I see our our most newly appointed associate member who probably won't be an associate very long. He'll probably be a regular member quicker than he wants to

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be. But the the select board has already appointed him. He needs to go through some paperwork in in to get sworn in. So when we restart this, uh, we will have a full board at that point. Um, so at this point what I'd like to do is, uh, I'll

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first ask my other board members if they have any questions or clarification on on how this is going to be handled going forward. We good? >> I have nothing. >> Okay. Um, I will at this point ask the petitioner if they have anything they would like to add or if they're good

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with our plan of attack, we'll call it. >> Thank you, Mr. Chairman. Um, for your record, my name is Robert Mather. I represent, uh, Simmons Hill LLC, the applicant. Uh, and yes, we are we are good with the, uh,

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the reset. Um, I did have one question for attorney Talamon. We we just want to confirm that we don't need a new project eligibility letter. >> That that that's correct. That that's right. Even e- even if this was So, first of all, the

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original project eligibility letter is probably still good, um, for for this particular project. So, the what we would do if there were particular changes in the project, that would all get picked up in the final approval anyway.

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So, the mere fact that we're starting for open meeting law and hearing purposes, the, uh, public hearing is not an indication that we need a new eligibility letter. >> Thank you. Um, I would also request that the board waive the filing fees, um, so we don't

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have to >> Again, >> file again. >> The fact we're here is an us problem, not a you problem, so I do not see any issue. Uh, correct, Jay? >> Correct. There's no issue there. >> Okay, thank you. Um, and one thing, just so it's not confusing when the new

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notices go out that, uh, may be a a brief explanation by the board >> When the notices go out, all the abutters who will receive them will be it'll be clarified that this is not a new project. This isn't anything else again to keep it at its lowest

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interpretation here or explanation. This is a housekeeping issue because we needed some time to make sure we have a full board. So we'll make sure that everyone realizes this isn't something new or something different. >> Thank you. And so in in line of that, I did prepare

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a letter which confirms that we're okay with it. We assent to the adjournment and and the reset. And I also addressed the fact because as the board knows, you know, we're supposed to board is supposed to render

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a decision within 180 days. I did indicate that we waive compliance with that. >> Do me a favor, Bob. Why don't you bring that up here? I'll read it into the record so it'll be clear with everyone that you've that everyone's on the same

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page here and um do I'm assuming that should this board take a vote to do that or is that something that if if the applicant is okay with it we do anyways, I guess.

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>> I think it you could certainly take a vote to accept the letter. >> Right. >> Um and and I don't think there's anything wrong with that. It's a little superfluous, but it that kind of really >> don't need to I just want to make sure with the So we don't need a vote in order to do this reset. How does that

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>> Right, because what the key component of it is Well, let me kind of because there's an extension in there as well, we're kind of I think the board should vote to accept it because the rules kind of technically require it. That letter should get filed with the

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town clerk or a copy of it should get filed with the town clerk just for record keeping purposes and that >> This is our copy, right? >> That's your copy. >> So I'm going to give it to Colleen and >> I'll file >> Before you read the letter, can I ask you a point of clarification question? >> Go for it. >> Um with the 180 days, is that going to

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reset as a result? >> I think the letter suggests a reset there at the John. I think that if you read that >> Let me read this into the record. If it doesn't clarify it, we can put the record when we motion to accept it clarified that that's our intention. Does that sound fair?

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Dear Chairman Oliveri, this is dated June 9th. Please accept this letter of confirmation of Simmons Hill LLC's assent to the adjournment of the public hearing on Simmons Hill's formerly Rocky Woods comprehensive permit application dated as of February 20th, 2024 without action on the application and its

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further assent to the notice and opening of a new public hearing on the application in order to accommodate a rehearing of the application and avoid any question regarding compliance with time limits applicable to the comprehensive permit hearing process. This letter serves as a written confirmation that the Simmons Hill LLC

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does hereby waive compliance with and agrees not to claim any defect in the process based on the time limits set forth in General Law Chapter 40B 21 and or >> [gasps] >> 760 CMR 56.05 provided that the 180-day

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time limit described shall now run from the opening of the new public hearing on the application. We look forward to presenting and resubmitting all relevant plans, specifications, data, material, and project information into the record for the new public hearing when scheduled by the Zoning Board of Appeals and engaging

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in a thorough review of Simmons Hill's proposal during this rehearing process. Thank you for your assistance in this matter. Should you have any questions, please do not hesitate to call. I think that captured everything. We agree? >> Mhm. >> Jake, you good? >> Yep. >> Yeah.

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>> Okay, I think that's >> totally fair from the applicant, too. >> No, I think it's um I think it's a it's our best best way to move forward, so um I will entertain a motion to accept the letter for the we'll call it the reset.

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>> I'll make a motion to accept the letter to reset to next meeting. >> Well, you got it's going to take full 14 days, the full board >> Yeah, it's the whole process. So, any meetings, you know, that we have scheduled going forward, those

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technically aren't on the books. We'll try to keep the same schedule, but we will repost like we normally would for our our first first meeting. Uh my guess is it's probably not going to happen until August because from a timeline standpoint, it's June. There's no way to

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get this done before July. So, uh but we will post and let everybody know when the first meeting is. >> Okay. >> Do we have a second? >> Second. >> Any further discussion? All in favor? I. Motion carries unanimously with the three members who are here. So, uh do you have anything else to add,

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Byron? >> No, thank you. >> Jade, do you have anything else to add? >> No, I think this is good process. Thank you both for >> this is again, this is kind of housekeeping, but what I will do only because people are here and just for clarification, [clears throat] does anybody have any questions on on what we

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just did? I'm hoping we did a good job of explaining it, but if you do have any questions, kind of wave your hand, indicate, and ask. You know the drill, you got to come up here to ask only because you're not going to get to the microphone. So, if it's a quick question, I'll repeat it for you. >> I just wanted to

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um get a sense of time. You were indicating that it might be August. >> W- yeah, my guess is it's going to be August. It will get posted. The question was um for folks watching on Lady Lake >> Okay, notice, too. >> Abutters are going to get it's a whole

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the part of the reset process is like this is brand new in the sense that all the abutters are going to get notice. So, to go through that process, there's no way to do all that and have a July meeting. So, that'll happen as if it got submitted brand new and by the time everything gets sent out and abutters

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get notified and proper notification and time frames and whatnot, it'll be an an August meeting most likely. But again, it'll be posted as normal. So just pay attention to our town calendar and ZBA page and and you'll know.

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Okay, I don't see anyone else with questions. So the next agenda item is pointing out that our next zoning board meeting, which is a regular zoning board meeting, will be on June 18th here at the library. If we have nothing else, I'll entertain

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a motion to adjourn. >> So moved. I'll second. >> Second. >> All in favor? I. Motion carries. We are adjourned at 6:18.