Okay. I'm calling to order the zoning board appeals meeting of December 18th, 7 o'clock at the Lakeville Public Library. Um, is anyone recording other than Lake Cam? Okay. So the first agenda item is the
chlorite hearing. The zoning board of appeals acting in accordance with Mass General law chapter 48 as amended will conduct a public hearing on Thursday, December 18th, 2025 at 7 p.m. in the Lakeville Public Library for Precinct Street. Follow the petition of Lori J.
Clarite. A special permit is requested under section 274.1 and section 277.43A 438 to allow the construction of a single family dwelling located in the business zone. The property is 12 Highland Road. Applicant and assorted documents were able to be
viewed at the planning department by appointment. So, um I guess I'm just going to start off with I believe attorney Maderas is here to represent the petitioner. Is that correct? >> Correct. Good evening chair board. >> Tell us what you're doing, what you're
proposing to do. Um so just to clarify um this is assessor's map 31 block 2 parcel 10. It is currently one lot which consists of 3.43 acres. Um we are going to have to go through the planning board
process to separate this into two lots. Um lot one which we are proposing is 1.61 acres and lot two is 1.82 acres. Both of these lots meet all the dimensional requirements of the town of Lakeville zoning bylaws. they have all the frontage and required area. Uh the
only kind of quirk in this application is that um the existing house located is technically at 12 Highland Road as part of this plan would only have a 31.5 ft setback in the rear and 49.2
uh setback on the sideline setback. Um in a residential zone, this would be allowed as a matter of right. Um, however, technically this isn't a business zone. Um, this property is kind of atypical. It's on Highland Road. Uh, the whole road is residential. Uh, quite
literally, this one property is zone business and no other properties around it are a zone business. Um, as we talked about, um, this property used to be an antique store out front as well as a residential structure. So, back in the day when zoning was enacted, presumably
just this one property was zoned as a business use. Um what we are proposing is to replace the existing business building on lot two shown on the plan with one residential structure. Um it currently is kind of a dilapitated business building out front that's a
maroonish color. Um and we're going to retain the house at 12 Highland Road which is shown as lot one on your plan. Um so in terms of generally as part of this application we would have gone to the planning board to separate the lots
first. We have had a lot one and lot two. Um however like I said for a lot one the setbacks are less than the required amount from the business district. So we are looking to obtain either relief or at least an opinion from the zoning board that that's
satisfactory to you before we go to the planning board to start the ANR process. But if the board does have any questions, feel free to >> ask away. >> So, let me start off with reading a couple of memos that we've received in
regards to this. For the record, we did receive a memo on the 15th of December from the board of health. Board of Health has received petition for hearing 12 Highland Road. Uh the Madigan land surveying plans dated October 24th, 2025 show that there is sufficient area on a
for an on-site sewage disposal system and well on the proposed lot and the existing well and septic do not appear to be impacted by the proposed lots. The board of health has no objections to the proposed lots. Um I believe that um well we do have a
guess this is a memo like a pre concom pre uh prefilled memos here. So uh the commission has reviewed 12 island road. There were no issues or concerns for the commission as proposed and we have the planning board memo of
December 15th. Uh, as the petitioner pointed out, this would depending on what we do have to go back to them anyway. But at their meeting on December 11th, the planning board reviewed the above reference petition for the hearing of the board of appeals and they have no comments. So, looks like no one else has
any issues or wants to bring any issues to the forefront. Um, and I believe, correct me if I'm wrong, Craig, the reason you're here first is if we have any issues with it. Um it may be pointless for you to proceed forward or
the petition to proceed forward with going and getting the ANR plans done through the planning board. >> Correct. Um so we actually can meet technically the uh setback requirements. However, ironically, what that would wind up doing is pushing the lot line
closer to the abuter so that the driveway for the property to access the rear portion of lot 2 would actually be closer to the abuter. Uh what we're looking to do is have a wider driveway to actually keep a better step back from them. Um so like I said, ironically, if
we actually change the lot lines to conform zoning, it would actually result in us being closer to the abuter's property. Um and that's that's kind of our issue is we would like to stay away from them as much as possible. >> And the setbacks that right now we're
talking about are based on the fact that it is a commercial zone property. It's a it's a residential property in a commercially zone district which requires a 60 foot setback. >> Right. >> Um and I am very well aware of the property and for those of you who
aren't, it is definitely uh unique in the sense that it is a commercial lot in the middle of all residential. I think we talked about earlier the closest commercial property is technically the church on 18. Practical standpoint it's Lakeside
Landing. So, it's it's nowhere close to anything else commercial. And I agree with council's opinion that this was probably done when the town did zoning because it was an antique store that was already in existence that has long since been closed and shut down and it's
pretty well dilapitated at this point. So, >> yeah, I mean, I think at this point the neighbors would want the existing structure to be removed and I presume that they prefer one single family residence as opposed to a commercial use there. >> Right. So, the one I will point out obviously you're going to have to go
back before planning if we do decide to to to approve this. Um anything that we do would be conditional upon obviously the planning board um issuing the ANR. Yeah. >> Because obviously at this point those
lots don't exist that you're proposing. >> Yeah. Yeah, I mean the two options would be either a approval with a condition that's subject to ANR approval by the planning board or B we could just continue this meeting until I obtained planning board approval. Um I don't
particularly care about either one. So >> you just want to know if you're going to have an issue coming back here. >> Correct. >> So does anyone uh have any questions? >> Not really. when I surveyed this up there and
wondered why this was commercial and not residential like the rest. >> Well, now you know. >> Yes. >> And unfortunately, I'm old enough to remember when the antique store was actually open. So, >> okay. Um, not as old as you, but old enough.
>> Anyone else have any questions from the board? >> Anyone in the audience have any questions or concerns? >> No. Basically, we're here because we didn't know that this was happening and we wanted to know exactly where the
houses were going to be deposited. >> Okay, listen. All right, come on up. I thought you were just going to You got to come up and you said too much. You got to You got to get on the record. You said too much. I thought you were just going to say you were here and you were interested, but >> you got to come up here to the mic. Just
sit down. Just say Say your name. You can stand up. It'll catch you. Say your name and your address and repeat what you said and you'll be good. >> Okay. Janice Pakosa, 6 Highland Road. Um, basically we had not heard about this at all and we were just wondering where the buildings were going to be
placed and how exactly the uh property was going to be cut up. >> Well, based on what they've shown us, it looks like it's going to fall into line with everything else that's on that street. Do you agree? >> We have no issues with it. It's just curiosity.
>> Well, nothing wrong with that. You have every right to ask and show up. It's a public meeting. So, thank you. >> Thank you. >> Anybody else have anything or Nope. >> Um, well, I guess we does or are we okay
with it? I mean, personally, I mean, we've had these happen in the past where we have this >> we >> we don't take a vote, do we? Because >> Well, we can do the vote on it. Well, we can do one of two things. Um, as council pointed out, he's correct. We can we can
vote to approve the special permit to allow it in the business zone subject to getting approval from the planning board. Uh, from the NR standpoint or it sounds like council's fine if if he gets
the consensus that nobody has any objections to it, he can go through the process with the planning board. um and then get the ANR approved and then come back and at that point we can officially vote on it. So um I'm I'm fine either way. We we we get to
come back every month anyway. So it's if anybody wants to make a motion to approve now if not um can I make a suggestion? If we approve it and saves petitioner money rather than paying council to come back to see us again for
what reason for us to say it looks good. So please approve. Now >> someone can make a motion. >> I'll make a motion to approve >> with the condition of approval from planning board. >> Second.
>> We have a motion. We have a second. >> So we are approving two things at this point. We're approving the use of residential and commercial and we're also going to approve the um
setback distance that is going to be less than the 60 ft. Again, that's because it's >> only one >> only on one. Correct. >> So, is that your motion? >> The motion. >> That's your second. >> Yes. We have it on tape and Kathy took
notes. So, do we have any further discussion in regards to that motion? All in favor? I opposed. Motion carries. So, normally I would say the whole 20-day
thing, but the 20 days doesn't start ticking until it start. >> I don't think it starts now, >> but could not be signed off until that was approved. I know it's such a weird
situation. >> The timeline is not an issue. I mean, they'll probably start in three or four months. So, >> did just just out of curiosity. Wouldn't it have been easier? Well, no. It' take longer. Just get it reszoned. >> I was going to ask that question.
>> Well, you have to go to an annual town meeting to do that. You only have two of those a year. Um, ideally, like that would have been the best solution. Yes. and they can always turn around and petition the town to reszone anyways after the fact. >> If the town never does do a reszoning,
we'd hope that it would be reszoned at that point in time. It'd be better. But >> okay, >> I said to wait for the next town meeting and then >> yeah, >> potentially you never know which way the town vot's going to go. Um just this was easier.
>> All right. Well, got your decisional approval. So the next Thank you for coming. making us come out in December for one item. We appreciate that, Greg. >> We will not forget that.
>> All right. The other agenda item that we have is we have some minutes from the 18th of September and the 16th of October. And I peruse them. I don't know if everyone else has had a chance to or not
yet. Um, but I would entertain a motion if anybody has had a chance to look them over and would like to approve the 18th minutes. I'll entertain a motion to do so. >> I'll make a motion to approve the 18th
minutes. >> Do we have a second? >> Second. >> And looking at this, I believe everybody was at that meeting. We can all >> So we can all vote. All in favor? >> I oppose. Motion carries. And then we
have the 16th meeting minutes. And I believe yes, you weren't here. So >> Anthony wasn't. >> You don't get to vote. >> What month was that? >> Um October. >> Although technically I think you can vote, but >> wait a minute. >> I think I was here. Okay.
>> Does it show him here? >> No, >> I was not here. >> You were here. >> Oh, no. I was away at Q. Correct. You were here. >> You were definitely here. >> I'm not in here.
>> No, >> October 16th. >> Hold on. This October. I don't know what you're looking at. 16th. >> Yeah, that was your special fun. >> Can I make a motion to approve? >> You can Jeff's trying to figure out
where he was. We'll take >> I would We'll take We'll take your We'll take your motion. >> Do we have Do we have a second? >> I think we can go on without >> All right. Do we have a uh we have a first and a second on the 16th? All in favor? >> Minutes. I opposed. Motion carries unanimously.
>> I forgot we had a meeting on the 20th right after that. >> Yes. And then we have we had a remote meeting on the 20th um to do a continuence. Um so you are right. You are not on this one. I have any question wants to make the motion to approve the
Simmons LLC continuation hearing minutes. >> I'll make a motion to approve >> since you were here. I like that. Do you have a second? Second. All in favor? I opposed. Motion carries. We are adjourned. We in your packets. Actually,
we're not adjourned. We need to take a vote, but just uh for everyone's edification, hopefully they saw it. In your packets are our dates for our meetings in 2026. uh both for regular meetings and for the Sims Hill LLC. So, and we have reached out to see if they are going to actually meet in January or
if they're going to ask for continuance. A lot of that hinges on engineering plans. So, soon as we know, we'll let you know. If we do have a continuence, we'll probably just do a remote meeting to save everyone the drive. >> When do we expect to hear? >> We reached out today. I I will make sure
that we know within the next week or so because we'll track them down and find out so people can make plans accordingly. All right. On that note, do we have a motion to mention? Excuse me. >> I'll make a motion we adjourn. >> Have a second. Second. >> All in favor? Opposed? Motion carries.
We are adjourned at 7:16. >> All right. Thank you.