WEBVTT

METADATA
Video-Count: 1
Video-1: youtube.com/watch?v=uGa8Q-jaQb8

Part: 1

1
00:00:30.480 --> 00:00:46.000
Okay, good evening everyone. I'm calling to order the zoning board of appeals meeting of Thursday, April 16th. We are at the Lakeville Public Library. Other than Lake Cam, is anyone recording? I don't see anyone indicating so. Um the

2
00:00:46.000 --> 00:01:02.960
first agenda item is the Turner hearing. uh appeal from the decision of the building inspector enforcement officer relative to a business activity in a residential district at 11 school street. So I guess just to bring everyone up to date

3
00:01:02.960 --> 00:01:21.280
at our last meeting uh there was action taken. We had a motion second to um and voted on to go forward with um enforcing uh the cease and desist that had to particularly do with two items.

4
00:01:21.280 --> 00:01:37.600
Um one of them had to do with the uh piece of equipment um Whoops. The piece of equipment that we with the >> the conveyor. >> Yeah, the conveyor and also restriction on the Bobcat. So, as um it wasn't really a condition, but I I did, you

5
00:01:37.600 --> 00:01:52.799
know, clearly tell everyone we wanted to run that by town council to make sure that uh we could do what we were looking to do. Um and uh so there's two issues at uh in play here. So, I did talk to

6
00:01:52.799 --> 00:02:08.800
town council. I will get to that in one second. Um the other issue is that um from a more of a housekeeping uh standpoint, uh there's what's called the Mullins rule, which basically means if you have a board member that is not

7
00:02:08.800 --> 00:02:24.879
present for all of the meetings uh during the process of a hearing, uh they can miss one, but they just need to file some paperwork with the clerk's office to say that they did watch the prior meeting and that they do know what's going on and that they're um you know, up to speed and uh can participate and

8
00:02:24.879 --> 00:02:41.360
vote on that hearing. Uh again, clerical error that that didn't happen the right way. It doesn't prevent us from literally it doesn't ruin or or or stop the hearing from going on or stop the findings, but we would need to come back after the uh filing has been done, which

9
00:02:41.360 --> 00:02:57.200
I believe it has been done at this point. Correct. >> Yes. So, um we we it is done. So, we can revote that if we want to. Um back to the first issue I brought up. So, I did talk to council um Copelman

10
00:02:57.200 --> 00:03:13.440
and Paige in regards to um how we tried to condition um the cease and desist. Um and based on that conversation, uh we were really limited um and probably stronger than limited, we can't is probably the most blunt way to put it.

11
00:03:13.440 --> 00:03:28.159
cannot put that type of a restriction on a cease and desist because in Lakeville, unless there's a bylaw that prohibits someone from using a specific type of equipment or having it on a residential neighborhood, uh you can't tell somebody

12
00:03:28.159 --> 00:03:43.360
they cannot literally use it. In other words, you can't turn it on. You can't turn around and and move the Bobcat. Even if you weren't doing anything with the conveyor, you can't say you can't use that conveyor. It's just it's it's it's it's it's that restrictive that we really can't

13
00:03:43.360 --> 00:03:59.040
condition anything on that. So based on that, um it's it was definitely not advised for us to go forward with that type of a condition um going forward um if we were to take any action. In the meantime, what I would like to

14
00:03:59.040 --> 00:04:15.040
let everyone know is I did also ask for an update from our building commissioner in regards to what's been going on at the property. Um, and he was able to email me this afternoon. Um, and I'll share you with you exactly the email that I got.

15
00:04:15.040 --> 00:04:31.600
Good afternoon, John. This email is intended to update you and the zoning board of appeals on the 11 School Street matter. I have continued to monitor the subject property from both School Street and Ledgewood Drive without personally seeing or hearing anything that would suggest the current production of firewood. That said, the production of firewood is not an automate automatic

16
00:04:31.600 --> 00:04:47.759
zoning violation in and of itself. I've been notified by one party that the that moving logs around on the property by a skid steer was noted on April 13th, 2026 at 7:15 p.m. I did not get a response after requesting the duration of the

17
00:04:47.759 --> 00:05:04.479
activity that was reported. Also worth mentioning is that I continue to have conversations with Mr. Walsh, the property owner. While I have significant concerns with anyone outside of a town meeting vote determining the type of equipment that is appropriate to be used in town, he has offered to voluntarily

18
00:05:04.479 --> 00:05:20.400
stop using the conveyor on the property and possibly remove it at some point in the near future. While it is still crystal clear to me that there are no current zoning violations at 11 school street, I would recommend that the zoning board of appeals entertain a time limit should they decide to direct the

19
00:05:20.400 --> 00:05:36.000
reissuing of a cease and desist, taking the activity at 11 school street over the last 3 months should be taken into consideration no less than new information brought forward by others throughout the process. I'm hopeful an amicable resolution is near, but regardless of the decision this evening,

20
00:05:36.000 --> 00:05:49.919
I will continue to monitor the activity closely. So, I guess to summarize uh Mr. Darling's email, um there's been one note of any activity in regards to wood going on since our last meeting, which I

21
00:05:49.919 --> 00:06:07.199
believe has been four weeks now. Um he concurs with what council told me as far as restricting people literally being able to use um equipment. It would be more of a town bylaw that says you can't, you know, it's restricted from anybody having a bobcat on their property. it's restricted from anybody

22
00:06:07.199 --> 00:06:23.680
having a conveyor on their property. Um again, the one person or individual who did make um note of that there was wood being moved um on the 13th, uh he did not get a response to how long it was

23
00:06:23.680 --> 00:06:40.479
being moved, if it was for a small amount of time or a large amount of time. Um uh and the biggest component to this email that I think is very significant and and leads me to think we're heading heading in the right direction um is that uh we have in writing uh from the building

24
00:06:40.479 --> 00:06:56.960
commissioner that the property owner has voluntarily offered to stop using the conveyor. Um so basically telling us he's not using it. Um, and it looks like he's, you know, I don't know how easy it is to sell conveyors or to to get rid of them, but he's also entertaining the

25
00:06:56.960 --> 00:07:11.520
possibility of getting rid of it permanently. Um, so with that being said, I guess at this point, I would open it up to the board to um see if anyone has any comments in regards to what I've uh I've said before I express

26
00:07:11.520 --> 00:07:29.599
my opinion as to what I think may be a a good course of strategy at at this point. And if nobody has anything that's fine, too. So, >> council give any kind of parameters on what we could do or not do with the cease and assist or

27
00:07:29.599 --> 00:07:45.280
>> we either send it back as it is is the safest thing to do. You either put the cease and assist back in place or you you uphold you. Yeah. Yeah. Or you uphold the building commissioner's um decision and take no action. Which

28
00:07:45.280 --> 00:08:01.759
again, for the record, and I think I've said this before, doesn't prohibit somebody from challenging our decision not to act either. It's not like this is the last stop and you and you still have no recourse. You could challenge our decision and ultimately a court will make a decision that uh is a lot

29
00:08:01.759 --> 00:08:18.120
stickier than than our decision uh could potentially be. So, that's the layman's version of my interpretation. So, anyone else have any questions or more than happy to

30
00:08:19.120 --> 00:08:35.200
so you know at this juncture and I've said this in the past I mean obviously my opinion on some things is is we're try to we want to try to come to some resolution that makes everyone as happy as you can be because let's face it you can't be totally happy 100% of the time

31
00:08:35.200 --> 00:08:50.880
in life. self. Um, ultimately I think what the neighbors want from what I've heard over the past number of hearings is, you know, they don't need somebody moving wood, cutting wood from a what, whether it is or isn't, but appears to

32
00:08:50.880 --> 00:09:05.839
be a commercial type of project. They want to be able to not hear this chainsaw going, you know, every single day in the nice weather on the weekends. um you know the conveyor belt running which I believe uh chainsaws can be annoying unfortunately a lot of people

33
00:09:05.839 --> 00:09:21.200
have chainsaws this individual seems to use it has been using it a little bit more than than most but there's really no way to restrict that and it's in and of itself but the conveyor seems to be in my opinion what really allows someone to go beyond what a normal homeowner

34
00:09:21.200 --> 00:09:36.880
would uh use a chainsaw for. Um you know you can only cut so much wood and you know I think Mr. Turner himself pointed out, he's never seen anybody work harder or or or whatnot when he's using that chainsaw. He's he's he's moving like as fast as you possibly can. So, unfortunately, I don't think we'll ever

35
00:09:36.880 --> 00:09:51.600
be able to restrict that. But, if we voluntarily have this here in place um by in in writing from the building commissioner that he spoke to the um to the property owner, that in itself, I think, is a huge step because you can only do so much without that conveyor,

36
00:09:51.600 --> 00:10:08.240
right, from a commercial standpoint. So, in my opinion, we could go I mean, I think the two ways we could potentially go are either a we could potentially say, "Listen, this looks like nothing significant has been going on right now anyways based on the

37
00:10:08.240 --> 00:10:22.720
building commissioner's feedback to us." And I'm not saying that literally nothing's going on, but nothing significant. He's not going to use the conveyor anymore. So, we could at this point say, "Listen, we're fine. we're going to uphold the building commissioner's decision, take no action,

38
00:10:22.720 --> 00:10:38.240
and move it and and close the hearing and and kind of be done with it. That doesn't preclude anyone from taking out another complaint if all of a sudden it starts up again. You can do that tomorrow if if he starts doing it. And and I've already talked to the building commissioner and he is he he will not

39
00:10:38.240 --> 00:10:54.399
hesitate one iota to go out there and start the process again and whatever the case may be. The other option, if we're not 100% comfortable, is we could continue it. We could come back in May and say, "All right, let's see what happens." Now, the weather's been nice. Been very nice the past couple of days,

40
00:10:54.399 --> 00:11:08.399
but we could continue in another month and see what happens between April and May. If it keeps heading in that trajectory, um, I think it may potentially be a little easier of us to feel that this problem

41
00:11:08.399 --> 00:11:24.320
may have resolved itself. Um, but again, it's it's the board's decision. I I you know, we we there there are plenty of other options, I'm sure, too. Um but at at this juncture just from the anidot anecdotal aspect of what the building

42
00:11:24.320 --> 00:11:40.000
commission has reported um what is being offered by the property owner. You know at at you know we could again we could potentially end this tonight and close the hearing uh or give it

43
00:11:40.000 --> 00:11:56.160
another 30 days come back and then you know we have a little bit more history under our belt so to speak. I'll make comments. Go ahead. >> I don't think that not using a conveyor really changes that much in my eyes. I mean, you split it by hand, you can load

44
00:11:56.160 --> 00:12:13.279
it by hand, man. I don't think that not using a conveyor conveyor makes a stop. I mean, you know, we can't make him not cut the chainsaw, but I don't know if just Oh, this conveyor really changes that much. You can still do it all by

45
00:12:13.279 --> 00:12:29.600
hand. So, if we continue and get an update, you think that'd be better? >> I think so. Yeah. I mean, I think we should keep season in order, you know, in in effect essentially. Yeah. >> Well, keep in mind, you know, the cease and desist has been removed. That's why it's here right now. They're looking to

46
00:12:29.600 --> 00:12:47.519
have it lit to put back in place. The result at this point is still the same. It's almost like we could put it back in place if you if if we see it looks like it's coming back. So >> if it has an activity then I don't know

47
00:12:47.519 --> 00:13:03.600
you guys want to just leave it as is and if it starts back up again then we get another complaint somebody else insist again. >> Again the only way it ends up with us is if someone's unhappy with you know the result of the building commissioner. So if you know if I mean it could be either

48
00:13:03.600 --> 00:13:20.639
way in this scenario it could be the cease and desist goes in place and the property owner is unhappy that the cease and desist and wants to challenge it. In this case, it's deceased and desist got lifted and there, you know, the neighbors are um not happy about it. So, again, like I said, I don't I'm I'm I'm

49
00:13:20.639 --> 00:13:35.839
good either way. Or if someone has another suggestion, if if we want to give it another 30 days, see what happens. Maybe people feel a little more comfortable. Um, it's it's it's the >> So, if we continue the hearing tonight,

50
00:13:35.839 --> 00:13:51.920
does that allow us to go back to the cease and desist order in 30 days or >> Yeah, we're just we're holding off on our decision. We're holding off on whether or not we're going to overturn the building commissioner's decision and put the cease and desist back in place. >> Right. So, that's the other option. We

51
00:13:51.920 --> 00:14:08.279
could overturn the building decision uh building commissioner decision and reinstate the seasons. >> We could do that, right? >> And then the last option is uh um

52
00:14:08.639 --> 00:14:25.120
if we do close the hearing tonight and take no action. So close hearing. >> Yeah. Say we take no action, we're not going to act on overturning the building decision is commission. >> The building commissioner's decision. It's done. But like I said, he turns around and turns that conveyor back on

53
00:14:25.120 --> 00:14:40.240
and starts going nuts again in literally tomorrow. >> That closes out the option for that reinstatement of the cease and desist order. Correct. Correct. Closing hearing. >> Yeah. But again, it's reinstatement of the existing cease and desist. It doesn't prevent another cease and desist

54
00:14:40.240 --> 00:14:56.079
from from uh being put in place if someone has I mean it's a complaint and then the building commissioner is issues the cease and desist. A resident just can't say I want I want a cease and desist. the building commissioner does his due diligence and then decides whether

55
00:14:56.079 --> 00:15:12.160
he needs to put the cease and desist in place. >> I mean, I disagree with you on the conveyor part. Um, cuz to me that seems like you're automating the process and it's a noise for sure. >> I mean, it actually goes up a lot higher

56
00:15:12.160 --> 00:15:29.199
when you get something that moves something quicker. I think my you know point of view on that was they ideally want the noise to stop. So the base thing is so you know just not using conveyor noise but >> he can use a chainsaw during the day

57
00:15:29.199 --> 00:15:45.760
correct >> he can use a chainsaw whenever he wants to use it. His only issue his >> no well >> within the hours of oper but my point is the issue with the chainsaw is more what becomes annoying yes if you're using it at 3 in the morning but the bigger issue is the the noise and whatnot which isn't

58
00:15:45.760 --> 00:16:06.800
under our purview anyway so she's up >> anybody else have any comments >> yeah I'm kind of leaning towards waiting another 30 days to see what in fact happens with that conveyor belt it. Okay. But it feels like if we do this 30

59
00:16:06.800 --> 00:16:23.519
days continuence, right? We're going to do this in 30 days again and then we're going to do this in 30 days again. Like when do we draw the line and say, "Okay, it's closed." >> That's the question. >> Well, no. I mean, to me, it's more of

60
00:16:23.519 --> 00:16:42.560
like a not a grace period, but like a >> how long a grace period? >> Decent amount of time. So, it's been a month and there's one incident. Another month to see if that's actually what's going on there. If things change,

61
00:16:42.560 --> 00:16:58.639
>> what's going to demonstrate to the board, right, that he has ceased? >> I'll I'll give you my opinion on the on the the the the continuous aspect of it. >> It's it's the weather's getting warmer. if you really and truly are I shouldn't say I mean you can do it

62
00:16:58.639 --> 00:17:14.799
whenever you want but if he's if he's jonesing to get out there and start making money again I mean how long you know all of a sudden now it's been March it's been April it's been May um it's it's more of an indication to me that um it's not really a necessity for him and

63
00:17:14.799 --> 00:17:29.919
again yeah you're right he could start it again but the the benefit I think is that I feel a little more confident that all right it's been 3 months we've had one complaint here one complaint there nothing drastic and it gives me a better feeling that all right this this may be

64
00:17:29.919 --> 00:17:50.720
done once and for all. Um and if not they you know neighbors always have the option to file another complaint. So um that's my two cents for what it's worth. I kind of think what we need to see is the conveyor belt like

65
00:17:50.720 --> 00:18:07.280
not there. Well, guess what? >> Like that would demonstrate >> this is a public hearing, right? We can't we can't request that. We can't condition it on that. But >> my point was this is a public hearing. Um I am sure that the homeowner is going

66
00:18:07.280 --> 00:18:22.559
to >> is going to get that this is what you know really is going to do it for the board to move along. Um and yeah, and if and if you and if in your mind, listen, the conveyor belt's still there. it looks like there's nothing indicating he's going to get rid of it then then you know you may have a different

67
00:18:22.559 --> 00:18:40.960
opinion at that point about >> I mean if in 30 days he gets rid of the conveyor I mean that's an act of in my opinion good faith that he's taking a step to be a little bit more compliant >> I I tend to agree with you Jerry I think you get rid of that conveyor you're not

68
00:18:40.960 --> 00:18:56.160
using the conveyor you can still do some stuff commercially but man that really shrinks it that shrinks it down a lot that conveyor can can put quite a big stack of wood there in find a new home for it >> and then in the fall or in the summer late summer bring that thing back

69
00:18:56.160 --> 00:19:12.080
>> and that's fine and go from there. >> Yeah. I mean we got to we got to react to what's in front of us at this point. I mean I I just I don't think we can think we can say listen what's what if this happens again next year. Yeah. Yeah. So

70
00:19:12.080 --> 00:19:36.640
>> Mr. Turner, would you like to come up and make a comment? I know you indicated you wanted to >> let's see a lot of dust on this. >> Yeah. Paul Turner one ledgewood drive.

71
00:19:36.640 --> 00:19:51.919
Um I like to just have a conversation. How about the exporting when he starts to cut? So Mr. Walch again is very hard worker. He can load that truck in about 3 4 hours by hand. >> That's why

72
00:19:51.919 --> 00:20:09.600
>> by hand the ex the conveyor belt is more when he wants to store it. It'll split in front of it. He has a stand up. He stands up. It's like a flywheel and he throws it on up the conveyor into the pile. That's just a

73
00:20:09.600 --> 00:20:25.679
stocking, >> right? So that's like when he has nothing, no otter or whatever. But if he wants to load the truck, he will take a log, cut it in 16inch lengths, start to split it, and just he's a strong man. Throw it from here to the wall right to the back

74
00:20:25.679 --> 00:20:40.880
of the truck and he will load that truck up. We've witnessed this. The neighbors have witnessed. I have witnessed that and off the truck goes. So he's exporting wood. So that's a commercial use. It's not a residential. far exceeds

75
00:20:40.880 --> 00:20:57.120
the the customary incidental accessory use of a of a house. So, how are we going to deal with that? That's great for the conveyor, but why can't he just find a piece of land and go set up his operation that's

76
00:20:57.120 --> 00:21:13.679
correctly zoned and just do it? Not in my backyard. Literally in my backyard. No, >> I I I understand exactly what you're saying. Again, I'm we're me personally and I think the board, we're dealing with what's what's in front of us. And and that's why I'm saying if we do another 30 days, let's see if he stops doing what you're saying he's doing,

77
00:21:13.679 --> 00:21:29.840
right? I mean, we haven't had any. >> But zoning goes all the way back to the beginning. Just because inactivity doesn't doesn't cure it. >> It doesn't make the doesn't make it legal. He's not in he's not in conformance just because

78
00:21:29.840 --> 00:21:46.640
he's not working. He does work. tomorrow morning that's that place could operate full blast >> completely >> without a problem without a problem. He could produce three truckloads tomorrow out the door. >> Understood. And if he does and we get complaints then he's kind of put himself

79
00:21:46.640 --> 00:22:02.720
in position. >> 13 months. I lost a whole summer last year. I'm 63. The whole summer was ruined. >> Four Fridays that I have off now. I have I work Monday through Thursday. Four Fridays in a row, completely ruined.

80
00:22:02.720 --> 00:22:17.840
Friends come from college, out of town. I had to leave. I couldn't even go in my house. I had to go down to New Bedford to the Black Whale. It's not that intrusive. So, not basically, we got to start all over again. And now we're going to do

81
00:22:17.840 --> 00:22:34.640
the cat and mouse game. Personal use, commercial use. Oh, I'm bringing it to my father. I'm bringing it to my father-in-law. Oh, I'm bringing it to my brother. So again, this is to your point of conversation. I I that's why I think at this point potentially continuing it for

82
00:22:34.640 --> 00:22:50.240
30 days is is a little safer than just ending it so it doesn't have to start from scratch. Um >> I get it, but all we're doing is kicking it down the hint. So I I'd appreciate the 30 days so to keep them in the scrutiny, but eventually like you said, it's got to end

83
00:22:50.240 --> 00:23:05.440
and then there's nothing in place. I and again if it if it does end and you disagree with what we we we said and I you know and I know you know that I know you know the whole the whole deal and it's nothing personal to me. It's it's you know

84
00:23:05.440 --> 00:23:22.480
>> so why do I got to go spend 25,000 to go and what the court's going to say >> go back to Lakeville and work it out. That's basically what they're going to say. all of the the papers I've spent sent to you for the past couple days, there's case law after case law after case law.

85
00:23:22.480 --> 00:23:40.480
Inactivity does not cure it. But here we are. Inactivity, oh, everything's good. But that's not true. That's not the way the courts see it. So if this did go to court, they're going to say, why didn't you follow the case law that was given? >> I hear you. I I

86
00:23:40.480 --> 00:23:56.720
>> But you're not helping me. I've been here for 35 years. This is the first time I've ever filed a complaint. I raised my family. You know me. >> I I I do >> I built 40 houses in town. I've done the right thing. I'm retiring in September and I have this illegal use in my

87
00:23:56.720 --> 00:24:14.640
backyard that you can't even think. It drives you that loud. And again, you're probably saying he's exaggerating about the song. I built houses, many of them stood right next to Scott Johnson with the 24 30in bars. I could have a conversation just like I'm having

88
00:24:14.640 --> 00:24:31.039
right now if they were 20 feet away. He's 200 feet away and I I can't even hear my thoughts in my head. >> Well, I have to say that I mean I don't think any of us think that you're exaggerating. Honestly, I I don't think so. I just think I'm not sure what the most effective mechanism is. And if town council says we can't restrict the use

89
00:24:31.039 --> 00:24:46.640
of the equipment, >> well then what is the next best thing we could possibly do to remedy this? I mean, on the other hand, if he stops himself, that's also a remedy whether or not we make him stop. So that's why in some ways the continuence I like because it's given him a chance to stop on his

90
00:24:46.640 --> 00:25:03.600
own. If he does, great. If not, then we we're back at it again. But I'm not sure the best mechanism we can decide on that would actually quote end it. >> You said that you spoke to KP Law, >> correct? >> We have a new attorney now. >> Town the board of selectment to change

91
00:25:03.600 --> 00:25:20.799
attorneys. Yes. >> Could we get an opinion from Mr. Tattleman? I will consider >> you ask him to please review the case. >> I'll I'll I'll we can consider it. I mean, I I am not a I'm not someone who

92
00:25:20.799 --> 00:25:38.000
shops for for a for an opinion um type of a deal to say, "All right, this person didn't agree with what I said. Let me go see if I can find someone else." And I I don't mean that in particular, just you. Just in theory, I I you know, >> but going forward, he's going to be the person. So, in May, he's going to be here. So if I have an issue in May or you have an issue in May, we're going to

93
00:25:38.000 --> 00:25:52.559
be talking to him. >> Correct? >> Why can't we have him come up to speed and then wait the 30 days and come back and maybe he could give a a report or come to the meeting and give a brief and say this is the deal. Yes, you can do this. No, you can't do that.

94
00:25:52.559 --> 00:26:08.000
>> Right? And he may be involved if we go with let's assume make a little jump here and assume we're going to continue it for 30 days, right? Um, and there is still question in any of the board members minds about, you know, where we should go. We would we

95
00:26:08.000 --> 00:26:23.360
would interject counsel. I mean, you you you've you've been to these meetings before. You know, I'm not afraid to bring counsel in, but at the same time, >> you know, I don't just bring counsel in for the sake of bringing counsel in. So, >> I think this has been pretty serious for 13 14 months. It's affected a lot of

96
00:26:23.360 --> 00:26:40.720
people. The intimidation that Mr. Paul performs in the in the in the neighborhood. It it's it's not just the wood cutting. >> Yeah. No, I Paul, I promise you we we will consider bringing council into we our ultimate goal is to resolve the issue and make the right decision. So I

97
00:26:40.720 --> 00:26:58.559
again it's board's purview. If um I'm going to see if anybody else has anything to say and then I'll see if someone wants to make a motion one way or or the other. Um, and if we do decide to continue, we'll monitor it. And if it makes sense to bring council back in to to get a opinion from our new council,

98
00:26:58.559 --> 00:27:17.919
we will definitely do that. So, does anyone else in the audience have anything they want to add at this point? So, only because it's all men on the board right now. What we want to do, guys?

99
00:27:17.919 --> 00:27:33.840
So, what's the mechanism for bringing an attorney in for the next meeting? >> Is that a process you need to go through with the the board the board of selection office? You just can't bring it in willy willy-nilly. There's some cost aspects to it and whatnot. So, but

100
00:27:33.840 --> 00:27:56.080
um >> I'm not opposed to continuing it, but I do want to add some teeth at some point if we can. And I think >> if you continue it, we're going to be able to do whatever I should say. We're going to be able to do whatever we want to do. If you continue it, we're going to be back here in 30 days. And if we're

101
00:27:56.080 --> 00:28:13.200
not happy with the situation at that point or or if we do have council come in and opine on it, uh we can we can do whatever is in our ability to >> not money, but I would like to have council

102
00:28:13.200 --> 00:28:28.640
sitting here to ask questions of what can and can't be done because I understand that you spoke to council and you tell us, but I, you know, I'm kind of what is there anything we can do? you know, I I can ask you, you go back to him, we go back and forth and be nice to have someone here we can ask questions

103
00:28:28.640 --> 00:28:44.720
to, like Randy sincere. >> Yeah. No, and and honestly, that's why I don't have those full-blown conversations with council. If we're going to have a back and forth, council's at the meeting, the questions that I addressed to council were in particular to the motion we made and the process that we we took. So, um it was

104
00:28:44.720 --> 00:29:03.760
more yes, no, and here's why you can or can't. It wasn't all right, what options do we have? because that's not fair to anybody on the board to have a chairman going back and polling council themselves. Everyone's going to want to hear what they say. So I on I'm going to let you talk in a

105
00:29:03.760 --> 00:29:20.880
second, but I I want to kind of get the direction we're going to go here. >> I think we should continue and see if we can get council. >> Okay. So we have a motion to continue the hearing. hearing for another 30 days

106
00:29:20.880 --> 00:29:38.799
with the >> the council thing we can ask afterwards. You don't you don't want to include that shouldn't really be we don't need to include that in the motion. So we have a motion to continue till May. Colin, you got to make sure you bring a calendar because I never know what date

107
00:29:38.799 --> 00:29:53.919
they are. That's >> May 21st. >> May 21st. Do we have a second? I'll second that. >> Any further discussion? >> I don't really want to talk about this in 30 days. I'd rather close the

108
00:29:53.919 --> 00:30:10.640
hearing. Um, but that's fine. >> That's discussion. You have every right to do that, Jerry. >> I just think this is dragged on too long and just close it. I think there's no more discussion. If he wants to take up a a position against his neighbor and

109
00:30:10.640 --> 00:30:28.720
take it to a court, have the court decide it. If they kick it back to us, we'll pick it up for that. But to me, just close it. >> Okay, we have a motion to second. Any other discussion? All in favor of continuing the meeting till May 21st signify by saying I.

110
00:30:28.720 --> 00:30:46.000
>> I. >> Opposed? >> Opposed. There's a shocker. Uh, okay. Motion carries. Uh, 4 to one. Uh, please I I know you're probably going to want to add about how you want us to proceed with the Do you have any

111
00:30:46.000 --> 00:31:07.679
comments in regards to the continuence? Anything you are interested in making sure we pay attention to in the next 30 days? I think the biggest thing that could help this is the town attorney, the new town attorney

112
00:31:07.679 --> 00:31:24.159
firm review the whole process. What I've submitted, what you've talked about, what's gone on at that site because there is you are able to condition a cease and desist. I don't understand maybe don't understand where that that that opinion

113
00:31:24.159 --> 00:31:39.039
came from. Copelman. I I don't get it. You can put conditions. >> You can't reach the the opinion the the feedback was you cannot condition someone's inability to use a piece of equipment on their property

114
00:31:39.039 --> 00:31:55.440
>> for illegal use. He can drive the Bobcat all around his yard, plow snow, mold the lawn with it, pick up brush, load rubbish into a truck, but not go grab logs, move them over here, go to the back of the pile

115
00:31:55.440 --> 00:32:10.320
with a big cone pile and put 8, 9, 10 scoops into a dump truck or take the the bucket off and put a set of fox on it and grab the the 4x4 crates and lift them up. Lift them up. put three into the truck or stack nine, 10

116
00:32:10.320 --> 00:32:26.799
of them in the backyard storage ready. When he gets an order, he goes over with the fox, he grabs it, puts it in the truck, grabs another one, puts in the truck. That I think you can condition. >> That's an illegal use. That's a commercial use. It's exceeding the

117
00:32:26.799 --> 00:32:43.679
accessory use. That's what zoning's all about. >> Your comments are definitely heard and on file with us. So on the record, I should say >> and again as a 35 years citizen here in Lakeville, I've enjoyed this town, but this is something I am going to fight

118
00:32:43.679 --> 00:32:59.200
right to the very end. I'm not going to take my neighbor to court. It it will be the town to court because I don't think it's going correctly the way it's it's being handled. You can condition a cease and desist.

119
00:32:59.200 --> 00:33:14.159
It's it's just fact. >> Okay. Thank you, Paul. Thank you. >> All right. So, we've continued that. On to the next agenda item, the salabby hearing.

120
00:33:14.159 --> 00:33:31.679
Five. Christine Brook Lane. Request for a special permit. Lakeville's zoning board of appeals acting in accordance with Mass General Law Chapter 48 as amended will conduct a public hearing on Thursday, April 16th at 7 p.m. Lakeville Public Library for Precinct Street upon the petition of Charles and Jessica Salby. Special

121
00:33:31.679 --> 00:33:47.120
permit requested under section 270-6.3 C and section 270-7.4 to allow the construction of a 28x 28 twostory carriage style garage with the second level to be finished as usable space. The proposed structures larger than a,000 square ft allowed. The site

122
00:33:47.120 --> 00:34:02.960
is located at five Christian Brook Lane applicant application and assorted documents were able to be viewed at the planning department by appointment. So I'm assuming there's two people left. So, you must be Charles and Jessica,

123
00:34:02.960 --> 00:34:17.839
right? All right. Well, someone's got to come up here. Sit at the table here. Good move. Send him up, right? It's usually the way it works. Hello, sir. How are you? >> Very good.

124
00:34:17.839 --> 00:34:33.280
>> Uh, so looks like you want to put something up a little bigger than our current bylaws allow for. So, um, why don't you tell us a little bit about or add anything you think is important for us to know? Then I'm what I'm going to do is I'm going to read some memos from some different boards into the record

125
00:34:33.280 --> 00:34:49.200
and then we'll have a discussion and see about how we proceed. >> Sure. So, um, we've lived in Lakeville for 20 years. >> Do me a huge favor. >> Yes. >> Just either lean up or put that closer to you because Lake Cam's going to tell me later. We couldn't hear the person and no one on TV can hear him. So,

126
00:34:49.200 --> 00:35:06.000
>> uh, we've lived in Lakeville for 20 years. Uh we have a 12-year-old and a 10-year-old um 12-year-old boy and a 10-year-old girl and uh we both work from home and every day they come in from school with their friends and we

127
00:35:06.000 --> 00:35:22.000
are constantly trying to tell them to go into their rooms or stay outside and now with the warm weather coming around it's um it'll help for a couple of months but then they want sleepovers and so it's been a challenge. Um, so we've decided

128
00:35:22.000 --> 00:35:38.640
to build a garage, uh, two-story garage and on the second floor, uh, either have it as a bonus room where they can play with their friends or we're going to put our offices in there and work from there. Uh, but, um, it was time. It's time. Uh, cuz it's

129
00:35:38.640 --> 00:35:53.599
it's it's extremely hard to work and have kids running around yelling and screaming and no matter how much you tell them, it's >> they're kids. >> They're kids. They want to do it. >> They're not going to listen to you. It's tough enough time getting adults to listen to you sometimes. Forget about

130
00:35:53.599 --> 00:36:10.160
kids. So, um, we have one memo, I believe, unless I'm missing it. We just have one, right, Kathy? Yeah, we just have one memo from the planning board, uh, dated April 10th, to the board of appeals at their Thursday, March 26, 2026 meeting. The

131
00:36:10.160 --> 00:36:26.800
planning board review of the above reference petition for hearing from the board of appeals. The board had no comments regarding this petition. Um, I don't personally see any issue with uh with what you're proposing to do, but I'll I'll open it up to the remaining

132
00:36:26.800 --> 00:36:42.560
board members to see if anybody has any questions or concerns and and we'll see if Well, we know it's you and your wife. Normally, what I say at this point is we'll see if anyone in the audience has to make any comments, but unless someone miraculously walks through the door, I don't think we're going to have any anyone.

133
00:36:42.560 --> 00:37:03.200
>> Looks nice to me. I'm beautiful. Anyone else? >> I have nothing. >> For the record, I'm going to say, does anyone else in the audience have any questions? And there is no one, so we don't have any. Um, no. I like I said, I

134
00:37:03.200 --> 00:37:18.079
I I can definitely see the reason. If you're both working from home, someone's either got to go above the garage, one of you both, or the kids, cuz it's very tough to to work from home with them there. And guess what? at your home and even if you weren't working from home and wanted to have a little extra space,

135
00:37:18.079 --> 00:37:34.160
I don't see any issue with that. Um I personally the way I look at these types of requests are if the neighbors or folks um adjacent to the property had issues and didn't like it, they would normally be here and and let us know. So if the neighbors aren't opposed to it,

136
00:37:34.160 --> 00:37:55.359
I'm not opposed to it. >> And at this point, this is when I wait for someone to make a motion. >> I won't make a motion. Special permit as applied for. >> There you go. You'll get it one of these days. You're not in the trades. You have no idea what we're talking about, right?

137
00:37:55.359 --> 00:38:10.320
>> Do we have a second? >> I'll second that motion. >> Any further discussion? >> All in favor? I opposed. Motion carries unanimously. Good luck. Kathy, this is I think this is your last time giving your speech, so you're going to have to write

138
00:38:10.320 --> 00:38:27.280
it down so Paulina will know. Either that or I'm going to have to remember it myself. >> Record this moment. >> We can't have 14 days to complete the decision paperwork. It's filed with the town clerk. From there, there's a 20-day appeal period. If there's no appeals,

139
00:38:27.280 --> 00:38:44.119
she'll sign off on it and you'll be contacted. You can either pick it up or we'll mail it out to you. >> Okay. Thank you so much, Kathy. >> Thank you. I really appreciate it. Thank you very much. Thank you very much. Thank you. >> Enjoy the peace and quiet.

140
00:38:44.240 --> 00:38:59.920
>> When they get older, they you won't they won't need the room. They'll just need the keys and some money. >> That's Thank you very very much. >> You're welcome. >> Uh we do have some uh meeting minutes from March 26th. >> Oh, we don't. That's right. We do not have them. Yeah. Okay. So, we don't have

141
00:38:59.920 --> 00:39:15.200
that. We will take care of that at the next meeting. Our next upcoming meetings are Monday, May 11th at the Lakeville Public Library, six o'clock for the Simmons Hill Continuence. And then as we indicated, we continued the first item tonight and our following meeting is May

142
00:39:15.200 --> 00:39:32.560
21st. So, uh, before we adjourn, I would like to recognize Kathy who has had the pleasure of working with. >> We won't say how long we that would mean we're both not in our 30s anymore. Um but in any case, uh yes, Kathy is is

143
00:39:32.560 --> 00:39:47.839
moving along and uh we will miss you and your uh your help and guidance and keeping us on track and making sure we we don't miss too many things. Um we're not perfect on this board, but we try to do our best. So >> we try

144
00:39:47.839 --> 00:40:04.640
>> good luck and uh keep in touch. >> Thank you. >> You staying in town? >> No. Good for you. Enjoy it. Kathy, seriously, thank you for your contributions. >> Great. It's been >> Thank you. >> Ever since I joined, it's been a great

145
00:40:04.640 --> 00:40:20.000
pleasure to sit next to you and chat with you. So, >> you're going to be missed. >> Okay. >> On that note, I will entertain a motion to adjurnn. >> I'll make that motion. >> Do we have a second? >> Chris Quinn.

146
00:40:20.000 --> 00:40:28.800
>> Second. >> All right. All in favor? >> I. >> Motion carries. Meeting is adjourned. 7:41

