Okay, go ahead. Okay, it's 7 o'clock. I'd like to welcome everyone to the Lunberg Zoning Board of Appeals. I'm going to tell you how the hearing will proceed. But uh first I have to read you a notification that uh the hearing is
being recorded in accordance with the requirements of the open meeting law. Please be advised that this meeting will be broadcast live through local access cable or Facebook live on the public access Facebook page and will be able to be found on the Lunra Public Access
YouTube channel within 24 hours after the meeting. the Oh, there's no I don't need that part. I'd like to introduce her to the board. To my left is Lisa Normandon, board secretary. I'm Alfred Grall, James Bzakausski, David Blat,
Patrick Callahan, Tony Niccastro, and Don Gurnie. The way the hearing will proceed is Lisa will lead the application and uh any other submitted communications. The applicant will have the opportunity for comments on the
application or submission of additional documents. You will please come forward to the mic. Give your name and address. Board members will have the opportunity to ask questions that they might have on the application. While you are at the mic, there will be a public comment
period. We you will please come forward to the mic, give your name and address, and address all comments and questions to the board. With that, I would ask Lisa to read the first uh application. This is an application for a special permit, Massachusetts General Law,
Chapter 48, Section 9, Zoning Board of Appeals. The name and address of the applicants are Danny Hernandez, Hernandez Family Realy LLC, 68 Weather Vein Drive in Lemonster, Mass and Gas Barrow Enterprises, LLC, 43 Facy Road in
Lemonster. It hereby makes application as follows. There is a cover letter, so I'm going to read on and read that after. Okay. The proposed action has begun. The basis for this application is found in the following section of the Lunberg zoning bylaw, section
257.4A and 257.4 A1. The street address is I know. Oh, it should be. Go ahead. Go. The name and address of each holder of
legal title to the land which is the subject of this case is Hernandez Family Realy of 68 Weather Vein Drive in Lemonster and Gas Barrow Enterprises of 43 Facia Road in Lemonster. If the undersigned has any knowledge of a prior appeal, application or petition concerning the land or
building involved in this case, describe the case and the dates involved. A special permit for dimensional variation under section 257.4A1, granted by the Lunberg Board of Appeals on September 24th, 2024, recorded at the Northern Worester District Registry of Deeds, book 10892,
page 244 and November 27th, 2024. The special permit uh questions and answers are as follows. A will the proposed action be injurious or dangerous to the public health or unduly hazardous because of traffic congestion, danger of fire or explosion or other reasons? The reply, the proposed use of
the property is the same as the existing use, a single family residence. The proposed action will not be injurious or dangerous to the public health or unduly hazardous as it will not add additional traffic and does not constitute a new danger of fire or explosion. B. Will this action have a material adverse
effect on the value of land and buildings in the neighborhood or on the amenities of the neighborhood? The reply, the project involves the reconstruction of a deteriorated structure which will likely increase the assessed value of the property. As such, we expect the proposed dwelling to have
a positive effect on the land values in the neighborhood. C. Will the proposed action be operated with reasonable regard for order and sight lines if an open use? The reply. The existing structure is unsightly and deteriorating. The applicant has hired JR Associates to design the proposed
renovations which will result in a aesthetically aesthetically pleasing single family home which will fit in with the character of the neighborhood. D. He would the proposed action produce noise, vibration, dust, odor, heat, or glare observable at the lot lines and amounts clearly
detrimental to the normal use of adjacent property. The reply, as mentioned, the proposed use will continue to be a single family residence. The reconstructed and updated structure will not produce noise, vibration, dust, odor, heat, or glare that would be detrimental to the adjacent properties. And that's signed
on April 29th, 2025 by Danny Hernandez of 291 Miriam Mav in Lemonster, Mass. There's a letter to the board of appeals. The purpose of this letter is to provide written authoriz authorization to allow staff from Dillis and Roy Civil Design Group to represent
the proposed project on 48 Island Road. Respectfully submitted Danny Hernandez Hernandez Family Realy the applicant. There's a copy of the plans, a site plan, and a list of abutters. That's all, Mr. Chairman. Thank you, Reese. You're welcome.
Okay, with that I see you're already at the podium ready to go. Yes, sir. Thank you. Uh folks, my name is Greg Roy with Dillison Roy and I'm representing the applicant this evening. Um as Lisa read, we were here last fall um to request a
special permit for dimensional variation. And just going to give you a quick cliff note for um what we what you approved back then and then tell you why we're here again. Um we um the applicant was looking to
essentially renovate the existing structure that's shown in brown or tan on that plan and remove a couple of the um the bumpouts that were existing that are shown that are hatched and cross-hatch red. Um and then um we also
asked you for dimensional relief to allow the construction of a u of a attached garage which is the larger rectangle shown in the front um in blue and then an entryway uh to the right of it and then a small um essentially reconstruction of one of the bumpouts in
the back. um you granted that relief. Um and it, you know, we referenced the decision in the uh in the narrative that Lisa read. At the time, we were intending to do more of a renovation um of the existing house um hoping that we
could keep some of the foundation, some of the structure. And as it turned out, when they went into uh to do the demolition, it just was not a saver uh type of proposition. So the issue is that when the building was removed, uh
the interpretation was that the grandfathering was lost on the property. Uh the pre-existing status was lost on the property. So we are essentially here tonight asking you to for the same project. We're we're not proposing any changes to the work. The only thing
we're proposing is now instead of it being a rec um a renovation of the existing structure, we're going to need to put completely new foundations in. start from the ground up, but in the same configuration as what we were proposing before, and that's essentially why we're
here. Okay. Um, so it's it's really the the house is going to be the same. Exactly. I couldn't quite read some of the drawings. They're very light, but it's standing exactly the same. You're going to move the garage to the other side. U,
the only difference I noticed that the seller holes is uh block. You're going to they're going to tear them down and report them. I believe so. Is that the idea, Danny? I was going to say you you would have to come up to the mic.
State your name and address, please. Uh Danny Hernandez. Um 68 Weather Vein Drive. Uh so I brought an engineer down to the property and the existing blocks that we have the the foundation is still there. the wood structure above it was
torn down. Um, I brought an engineer to the property and the existing foundation that's there he said is good to stay. So, I'm I'm moving forward with the exact same structure, just new lumber essentially. So, yeah. Thanks. All right. And if I remember you on the blue
part, the bump out, we gave them some relief on the uh front the front. Yeah. And we're not asking for any additional relief. That would all stay. asking for the same relief, correct? Okay. Yep. All right. I just want to make sure cuz if it isn't in there, it's Yeah. No, it it
same exact same exact uh relief as before. Okay. All right. Um I'll open it to the board. I don't have any questions. No questions. I would have been pleasantly surprised
if the old structure was saved. So, um I have no questions there. get this probably the best. No questions, Mr. Chairman. No questions. Um there there's a foundation there already. Is that the foundation that you're going to build on or are you going to expand? That's correct. Yeah,
that's my understanding. Yeah, build on. They they Danny just said that the applicant just said that he had a structural engineer come to take a look at that and it was it was found to be okay. So, they're just going to rebuild starting at that on that foundation. So, that that's the foundation from the original structure. Yes. Okay.
Yeah. Okay. Um, no other questions. Would anyone from the audience like to speak public speaking? Sure, please. I'm Joanne Zimmerman. I'm at 72 Island
Road, a few houses down from Pete's Old House, the house in question. And I just wanted to say that it's a pretty big plot of land and the house that as far as I can understand would, you know, be
much better than what was there for sure. And um I've met Mr. Rodriguez a few times and feel that he's of good character and what's been happening so far is very positive and what's there right now is a
real eyes or all this stuff. So I think we should you know help this process along and uh that's all really I wanted to say. I strongly support it. Thank you. Thank you. Okay. Any other public
discussion? No one else. Okay. Um I know you're saying I walked by there. It is a It needs to be rebuilt. I'll ask for a motion. I'll make a motion that we uh
grant the special permit. Um per section 257 250-7.4A1. um as a recontinuance
uh or re appointment just just say as as the plan shows as the plan shows I'll give a second okay we have a motion in a second all those in favor I I I thank you uh granted I do have one
more thing to read as you know the Special permit is granted with the contingency that the petitioner complies with all licenses, regulations, statutes, ordinance, and any and all applicable local, state, and federal boards or agencies with jurisdiction
over the premises. The special permit is subject to a periodic review by the permit granting authority or the enforcement officer to ensure compliance with conditions. Non-compliance to such conditions may result in revocation of the permit. A copy of the board's
decisions shall be filed with the town clerk within 14 days. Any party agreed by the board decision may appeal to superior court 20 days after the decision is filed with the town clerk. After certification by the town clerk
that 20 days have elapsed since the decision was filed, you should have it recorded in the registry of deeds. Uh, no special permit shall take effect until it's been recorded and the special permit shall lapse within two years unless substantial use of construction
has commenced. And with that, good luck with your new home. Just want to see. Okay. That was quick. You're right on time. No, that was good. Huh? We're good. All right. Okay.
Yeah. Not going to read the note. Are you here for the second one as well? Just one. Oh, okay. All right. Hold on. We'll go right into this
one. It's 7:15. Close enough. I'm not going to read anything again. You already know. But I can read. Oh, yeah. I want you to read the full application. Okay. The next hearing is a is an application u
petition for variance from the terms of zoning bylaw Massachusetts general law chapter 48 section 10 zoning board of appeals. The name and address of the applicant is Tanner Cole 856 Massachusetts Avenue in Lunberg. The undersigned hereby petitions as follows.
A variance from section 250-6.47C1E 47c1e design criteria number of lots. The proposed action has not begun. The basis for this application is found in the following. The basis for this appeal or petition for variance concerns the
following section of the Lunberg zoning bylaw. Section 256.47C1E design criteria number of lots. Street address is 1083 Northfield Road. assesses map 55 parcel 2. Name and address of each holder of a legal title to the land which is the subject of this
case is Tanner Cole 856 Massav and Lunenburgg. The deeds recorded in West Northern District Registry of Deeds, book 9316, page 80, and recorded May 7th, 2019. And it's signed April 24th, 2025 by Tanner Cole.
and the request for zoning determination um from the building commissioner. His comments basically the common driveway will require planning board special permit. The bylaw only allows for up to four
lots to be served to exceed the four lots. A a variance from the zoning board of appeals will be needed to be granted before a special permit can be granted. So the subject matter is there's five lots proposed on one driveway. The bylaw
only allows four. There's a list of abutters. There's a sketch of what the plan will look like as Mr. Roy has on his stand there. And that's all, Mr. Chairman. Thank you, L. You're welcome. Okay. And uh there's a big plan
here. Very good. I can kind of put this in the middle and I'll see. Okay, first I want to point out that this this is a variance. It's different than a special permit. A
variance is much more difficult generally to get. Um it must specifically we must specifically find that own to circumstances relating to the soil condition, shape or topography
of the land is um causing the hardship. Okay? So it's not like you we're looking for you know sides or anything like that. So I just want you realize that a variance is different than the special permit. It's the rules
are strict with that. Thanks. My name is Greg Roy again with Doulson Roy and I'm representing the applicant. Um Tanner Cole is here in the in the audience uh this evening. The property as you read is 1083 Northfield
Road. Um there are five lots that um have been um that exist at at the site and we've been working with the applicant to um to uh determine the best course of action uh with access to the
uh buildable portions of those uh those properties. Um just to orientate you on the plan, Northfield Road is off to the left. Um this is down the hill from the golf course. the golf course actually abuts the property on the I'm going to call it plan north, but it's actually the uh easterly side um of the of the
property. Um there's a a wetland system that is located um on the property from Northfield Road essentially in quite a bit of the uh narrow neck of the property, if you will. Um that goes back
several hundred feet from Northfield Road. Um, and it's it does in fact completely cut off the buildable uh portions of the property which are quite substantial. There's a lot of upland area uh where you're where we're showing the the rectangles. Um, soil testing has
been completed uh up in there for septic systems. Um, and so we're faced with a situation of having to cross wetlands to access the um the upland portion of the property. um that in itself is not
necessarily germanine specifically to your board. That's really the purview of the conservation commission and we do have to get approval from the conservation commission to do to do this work. Um however, I point that out because that is a condition that exists
today that is top topographically driven and soils. So that speak the the wetlands on site which you can it's hard to see on this plan but they're hatched uh they're shown in green on this plan and they have a light grayscale hatch is
the wetland areas. Uh those areas um are the areas of the site uh where the soils and topography are such that uh that those areas have been uh those areas are classified as bordering vegetative wetlands. The the second thing I wanted to say or
the next thing I wanted to say is that the planning board um has adopted uh well the town has adopted a um one and a half years ago I think an updated zoning bylaw relative to common
driveways and they now allow common driveways to be constructed um to serve up to four lots on a on a common driveway through a special per. So the second thing to say is as Lisa read in the zoning determination, we do have also have to get that special permit
from the from the planning board. So that's a that's a whole separate uh track from from where we are tonight. Um so the options that we have for accessing the portions of the the buildable portions of the five lots are
um one common driveway with four lots and a secondary uh a secondary five a secondary driveway um AC crossing the wetlands on the fifth lot or um there's other options but I mean these are the
two major ones um and the the ones that really make any sense. We could cross it with all five, I suppose, driveways, right? But that doesn't make a lot of sense from a wetland standpoint. Um, or we could propose what we're proposing to you tonight is to essentially consolidate the fifth driveway, which
would be on the planned south or the western westerly side uh lot. um consolidate that just you just simply use the proposed access that we're proposing for the four common driveway uh four lots um common driveway and then
essentially not need any more wetland filling or alteration to wetland areas um and just access that fifth lot off the end of that off the end of the off the end of the uh common driveway. That would not make the common
driveway significantly longer. You can see that um the first four lots, if you will, um they they all kind of come off they would come off in the similar location and the last the fourth of those comes off in real close proximity to the fifth. So, it really doesn't make
much of a difference with the length of the of the common driveway proposed. It's still in compliance with the maximum length that the bylaw indicates. It's still designed in accordance from from a road wid from a driveway width and turnouts and all that. Um, we would
simply just be asking to access instead of doing this, right? We'd be using this constructing that portion. That's for another drive that that would just be right. So that fifth driveway instead of coming all the way out as a second access point from
Northfield Road would now just come off the the terminus of the common driveway. And we dare do this. I mean I I understand and you're exactly right uh relative to the variance uh criteria you have to find that there's a hardship relating to soil conditions topography
or lot shape those kind of things and we're here because we feel like that criteria exists um and we feel that it further we feel that it makes sense we feel that you know consolidating that fifth driveway to the to the terminus really
saves a lot of wetland filling um that would otherwise they could otherwise be permitted through the conservation commission, but if we don't have to do it, um it's certainly, you know, advantageous from an environmental standpoint. Are you just so are you considering the fifth house? This one up
here, that's the lot considering. Yeah, that's correct. Okay. It wouldn't necessarily have to be, but I mean, that's the one we're Yeah. Okay. You can get four of those. You can access four lots on a common driveway as, you know, per the bylaw. We're just asking for the
uh you know for the ability to access a fifth. Um I mean other things that we've considered um would be to just construct a subdivision road, you know, so the applicant always has that option to
construct a subdivision road through there, right? Um which, you know, which could provide access. Again, that's a wider road. It has a lot more infrastructure associated with it. didn't seem to make a lot of sense when all we're looking to do is get five
lots. Um, and we are, you know, it didn't seem to make a lot of sense to do that alternative. So, that's why we're here tonight. Um, we're um making a case to you that the criteria exist uh relative to uh soil conditions and
topography on the lot. Um, which is manifested in itself in the in the presence of water and vegetated wetlands. and granting the variance would um significantly reduce the amount of uh work that we would have to do within those resource areas. Then so
rather than the lot itself up here that you're saying, you know, that is creating the the issues, it's really down here. That's that's right. It's the it's the presence of the wetlands down in that location and having to cross them with that second single driveway to
access that fifth lot. Got it. Okay. Okay. If you did the separate driveway, where would you bring it to? Here has to go. Yeah. It would have to stay on that lot. So, it' have to go kind of snake its way down through the Yeah. Yeah.
Okay. Um I think I'll open it up to the board to see if they have questions. Is this area serviced by town water? It is not. So there would be public there would be water uh excuse me wells on the uh on the property. So you have to have five separate wells. That's correct. All
of them. Yeah. Uh how far away is the uh town water? Uh does it go by uh uh the golf course? No, it does. It's not on that side of of Route 13. Matter of fact, uh Okay. I
don't even think it's at Northfield and and uh in Oak and uh doesn't hit Lies West. So, it's further up that way. It definitely doesn't go to New West Towns, you know. Yeah, cuz I I was just wondering about fire hydrants or access.
Yeah. Or something like that. Or that's probably going to be a topic during the planning board special permit process, I would imagine. Um if the fire department, it would be in their purview to request some additional things if if necessary on that. Um does this address
turnarounds for the fire truck? It does. The legal size for it. It does. Yeah. We have now and there there haven't been too many of these proposed in town yet to be quite honest with you. So, um, we'll have to see the special the process the approval pro approval process with we haven't done one my
office yet in the actually I did the first variance we've had well the variance for sure but I mean even the special permit for the common driveway we haven't uh vetted it yet but all that the regulations that the uh planning board put into that new zoning ordinance
addressed all of that emergency turnaround you can see that large square we have that that's that's per the regulations there's some turnouts as you go up the driveway to for cars to pull off and and widen it to to get turnout areas. So, we've designed it all in accordance with that. Um, and that'll be
a subject of the review with the either way, right? Whether it's five or four, all that stuff is still in play with the and be subject to the review by the planning board. Right. I don't want to cut you off. Tanner, did you want to say Tanner Cole Massachusetts have in
regards to the fire concern? The fire department's already looked at the driveway and didn't have an issue in terms of hydrant access. Um, so and there is a dry hydrant at the bottom of the hill on Northfield as you come off
of Chase Road, like at the bottom of the hill there, just before Old Farm Road. So, and Town Water, as far as I'm aware, stops at Eel Street. Yeah, I think you're right. So, um, Mr. Chair, uh, the I I I looked
in the plans. What's the proposed width? 18 ft. Again, that's per the that's what they require. Planning board requires 18 ft. Okay. Yeah, indeed. And what's the what's the length? I mean, what I was looking here is now um the distance
between the road and that first turnaround turnoff. So you're only showing one turnoff that's on the whole on the whole proposed driveway. Um actually that one that's about 600 ft five or 600 ft.
So yeah. Yeah. Yeah. Our intention is not to ask for any relief for that. So I I planning board might want another one. I you know we'll have to see. But well no. Okay. I guess my my my concern is is that is that's if you're having five houses there. Yeah. I don't like the
idea of a, you know, trying to do this. I feel like the variance and the hardship, you're causing worse when you have just a turnoff like that. You know, an 18 foot is not enough for two cars to pass, especially with Okay, I see your point. I get your point now. Yeah. Yeah.
Okay. So, well, I mean that we are not opposed to putting additional turnouts over and over and above what's required. I mean, that's reasonable. Well, if you had to make it a normal a, you know, a road width, it would be 24. Well, I'd
have to look at the subdivision regulation. They might have a lane, which could be 20. Um, I can't remember. I know. I'm I was trying to find it. Yeah, I can't remember. I mean, I I could find it. I just didn't bring the regs with me. 24 is a standard road
width um pavement width for um for public for regular subdivision streets but um there may be a I can't remember I work in so many towns can think of all the other towns and I can't think of
lunars do you have it in front of you Pat uh with the driveway for oneway use minimum of 10 for two-way use minimum of 20 okay so they do have a 20 money for what? But
so I I say I I look at it as if this is if there was a variance, I would I would want to see a 24, you know, something like towards a 20 to 24 foot wide driveway so that two cars could pass, especially with that 600 ft between
somebody coming in and somebody leaving. Yep. Okay. Yes. No. and allowing for fire trucks. They're wider. I mean, you've got to Well, I mean, if the fire department didn't have an issue with, but I look at it as just two vehicles
there. If I have to if you know, I'm making a decision to pull over before I even see somebody pulling into my drive into the driveway type of thing. And that can be solved with just making it a two- width driveway. And is there going to be something set up that um you know,
in regards to maintenance of this driveway? Yeah. in regards to all five houses sharing responsibility. Yes. And that's also a requirement of the planning board process. I understand that. But it's I look at more of the maintenances in the plowing. I having lived on a driveway of a of a driveway
servicing three houses. It did become a very sticking point. Yeah. I used to be a plow guy that plowed these type of driveways and yeah, it's uh right. Well, I was the homeowner that was with the plow trying to kick money in. stuff. They call you at Saturday at 7:00 in the morning and say, "Why is not my driveway
plat?" Thanks for the call. Yes, exactly. So, there will definitely be a maintenance agreement. Yes, it be some sort of homeowners association or something like that. Some legal mechanism that would be referencing the deed in each of the deeds. I just know I
I understand and I appreciate the fact that you're trying to make that Um that is that to me that's much it's a much better solution. However, I'd like to see it more of a you know a standard a standard road like width. Okay. Standard road width just so that that
way you don't have any issues with with people and vehicular traffic especially you know I might know it because I live there but if a visitor is coming off a Northfield road onto this driveway they're not going to know what's going
Yep. Especially with a long straightaway like that. Lunberg's not known for 25. Well, you know. Okay. So, this blue area here, this is wetland. That is the what's known as the riverfront area. So, um there is a
perennial stream in the back of the property. Um that's associated and embedded in that wetland that's in the back. I didn't talk about that, but there's a 200 foot riverfront area that's that's defined from the edge of a perennial stream. And that's the um
outer blue line, if you will. So, we're not proposing any work within that zone. Okay. I'm trying to trying to figure out with, you know, like I say, with the variance, you know, the lot you're looking for has to have different conditions than the other lots. Yeah.
Other lots in the understood. And I'm trying to justify where that is here. So, if it's this lot, it's really the front of it. It's all the wetlands and the here, but you got to somehow tie this lot to it, right? Right. You know what I mean? Yeah. The only way to get the
front is just to go down here. This water, you know, right? So, that's serious wetlands. Yeah. No, I'm just saying if you did the two driveways and came down here, you would would that become part of this lot? Of course. If I did two
driveways side by side, they'd be Well, yeah, you have to, right? the the the lot that didn't end up on the common driveway, right, would have to be have its own lot have its own driveway through its through its area
and through its frontage, right? So essentially, you know, if we use that lot, I can't remember if that's five or what. If we used lot five for an example, we'd have to go down all the way through that hatch green area. Yep. Right. All the way out to Northfield Road. And that's the hard Didn't you
mention that you could break off down here? Well, we're proposing to do that to you tonight. Yeah. So, we're proposing to break off right there. Right. But that requires if if the variance isn't granted, we have to have two. I mean, we could do two shared driveways. We could do right
two lots on one and three lots, but you'd still have to do two and three on the other way. So, and I don't, you know, so it's two, it's two minimum of two driveways any either way you slice it as the bylaw is currently drawn. And I
don't think by the way that that's a inappropriate thing. I just think that circumstances owing to this specific case. It's a 30 acre piece of land. There's five houses proposed. Uh which is fairly low density. Uh and you know
So do you know the the acreage of this lot? Yeah. It's uh uh 10.7. Oh 10.7. Oh no. 11.8. 11.8. 11.8.8. Okay. Yeah. So they're large. It's a pretty Yeah. And I I do look at so the idea would be is
that if as your as you mentioned even if you followed this driveway with a second driveway if we look at the bylaws it would have to be 20 ft. So it'd be 40t at that point. So I rather just see like the 24 foot a 24 foot passable area
versus even going 40. You're right. Exactly. Because as right you could do 20 and 20 and just say everybody you know I have a right to be on your property for that kind of Yeah. And it it it just didn't seem to make any sense to us. And it and it seemed like that the condition the you know the the
topography and soil conditions are the things that's driving it and that's why we dare to come before you. Okay. Quite frankly, other questions from the board. Um you said this was a a river uh a stream type
of situation in the blue. Um is the sec the house on that lot sufficiently far away or uh it it is. Yeah. So that um so those two blue lines that you see on the plan are the first the one furthest to
the south closest to the back actually is 100 ft from the river. That's that's the inner repairarian zone. They define the wetlands protection act. And the second blue line is the two limit of the 200 foot and we are outside of that. So that house is actually probably about 250 ft is the river away from the river.
The river is actually in there. Yeah, that's that's right. That's 100 ft. Really nice stream, by the way. It's not on my property. Yeah. Well, some of it small chunk of it is. Yeah.
And we're not There'll be a minimum of a 200 foot buffer there. Undisturbed land. We're not proposing to go in there. And again that will be the sub the um that is squarely in the purview of the conservation commission that um that
resource area is um uh regulated by the by the wetlands protection act and the uh which is administered through the conservation commission. So that'll be a subject of that filing. Uh what size houses did you anticipate
for all this? Uh good question. Um I think that the uh septic systems are laid out at four bedrooms. Um we just at at present we have a real generic house box on there. We expect that um these will be uh purchased by end users that
will have a sight specific house they'll want to put on there. And um but we've identified the you know the sort of the buildable areas of the lot. Each of the sort of uh you see each of the lot has like three rectangles and then some dash lines. Those are the septic areas. Okay,
those correspond to the areas that have been soil tested. So those septic areas can't really change unless you're retested. So the houses are sort of situated, you know, where they make sense with the septic areas. So uh provided that the the house meets zoning
setbacks and setbacks to the septic and all that stuff, um we would expect there to be not rectangular h houses there. they probably have some, you know, more modern day jogs, if you will. And Mhm. So, yeah. So, the only thing would be like lots for a well lot especially lot
for having enough distance in the in the lot, you know, across the lot for depending on the size house, the 175 ft. Right. Right. We That's Yeah, we we have those planned in. Um Right. Yeah.
And I know that's not what's in front of us today. It's Yeah. You measure that. You measure that par. Well, just so everybody knows, you measure that parallel to the road. Yes. So, yeah. So, it's going the other way. Yeah. Like that. Not like that.
Understand. Understand. Weird. Any other questions? Don, uh, I noticed in the Lunenburgg ledger on May 23rd, but last Friday, uh, that there's a notice of public hearing of the conservation commission
uh, for construction of a common driveway to service four single family dwellings. Yeah, we did rather rather than five, right? We did file that. We we had prepared this plan with four anticipating that we'd go in with the fifth as a separate filing with
conservation commission. Um but working with Tanner through the process and that was filed that application's filed. We did not go to the conservation commission last week because we knew that this hearing was pending. So we continued that that process. Um and if
you know if if this is if if this is uh favorably acted upon, we would amend that filing with the conservation commission. But we are before the conservation commission with the plan. The portions of the site that are within the conservation commission's
jurisdiction will not change with the four lot versus the five lot, which is the advantage. That's one of the reasons why we're here. There's no difference between the red areas that you see on the plan. Those are the proposed wetland filling that is required for this plan. Now, it'll get a little bit bigger if we go to 20 feet or something a little bit
a little bit more wide, but not significant. That won't change if we um you know if we were to to add the fifth lot and your proposal is to fill in not to bridge it. We will be putting in culverts to make
sure the hydraology is maintained but there's no way to bridge. It's too it's too long wide of a crossing. There's no way to bridge the whole thing. Well, okay. You know, we could we could get the Leonard Zikum Bridge plans and get over there, but it's uh the the
Weatherlanders Protection Act allows for up to 5,000 square feet. So, and even even if you you can do more than that under what's known as a you know, it if you have to if you have to access um up property, but it's it's more cumbersome
from a permitting standpoint, but we're underneath that 5,000 square foot threshold. So, did that answer your question? So, yes, we're there. Um, we filed that before we had decided to come and ask you for this relief. Um, we had
anticipated doing two filings. It would have been the common driveway and then a subsequent filing, but this would allow us to consolidate and take care of take care of it with just one conservation commission filing. Any other questions? I just have one question. Um I my son and I took a ride
down there last night. Um I saw the flags that you had mentioned to which is the entrance of the driveway. That's what I Oh, you flagged the entrance. Okay. Yeah. Um so I pulled
past that into like a little cleared out area down at lot five. Yes. Yeah. Okay. I just as an observation that that section down lot five is significantly I
felt like I was almost looking at eye level of where that common drive would be. Um that does feel like significant and it's I mean it's wet. It's obviously we've had some rain, but um yeah,
heading kind of through that thin part of lot 5 was uh was definitely pretty wet yesterday. Yeah. And I I feel like the that land is significantly lower than the
higher than the proposed uh driveway. Yep. Just an observation. Okay. Other questions. Okay. There's no more questions right now. I would invite the public. Anybody from the public that would like to
speak? Hi, I'm Ann McCrosskkey at 11-11 Northfield Road and I just had a couple questions. Um, I I gather that the driveway that you can see there now is not the driveway, but it's it's going to be up the hill.
That's the right up there. Yeah. Yeah. And it's really just related to Okay. Thank you. And um these are not as big concerns as I had before when I thought the driveway was going right along the border. But I
just I'm not even sure if this has anything to do with you guys, but um I had when the log land was being logged, I had a lot of mud coming into my I have a pond and a brook that comes off of, you know, down there. Not not
the one in the back, but but the one Oh, this is your This is my Yeah, this is my Okay. Anyway, um so I was just hoping that that wasn't
going to happen again, but I don't think it will cuz it's pretty far away. And the other question I had was about street lights. And I don't know if that is even part of your purview or whatever, but is that if there are you in favor of them or not? I'm not in
favor of them, but I thought if they had to have them, make be sure that they're the kind that point down. I've got enough street lights shining from New West. Absolutely. I do not believe there is a requirement for street lights in the I do not believe
there is a requirement for street lights in the common driveway provisions and we're not proposing any not that I know of. So there there wouldn't be any need for the street lights and in fact the street lights would have been at the street. It's going to be any major intersection is the only place we the
people who in the association where they if they decide to have lights I suppose you could but I think you we have a light bylaw I think. Correct. So they'd have to comply with that. Um which you know Mr. Blat might be the one to ask
about this. Are they do we have dark sky compliant requirements and things like this? We do have Yeah. lights that have to shine down and not go over property lines and stuff like that, but it's used more like in that's a gas station or you know Dunkin' Donuts and these types of
places where you don't want the lights lit up, right? Yeah, which they can do if they want I didn't want to interrupt if you have No, that's okay. I mean, no, if you have other questions, please answer them. Now, one other question. Oh, you have to come to the mic so that the studio
audience can can. So, the right um so the other just the other concern I had was um but it's going to be an issue. It's going to happen anyways. There's so many driveways on that road close together and blind and people
drive very fast. And I would just like to say I'd like to see them at least, you know, put a 25 mph uh speed limit on that section of the road up to the golf course. Um at least a blind driveway sign.
So yeah, that's all. Thank you. Thank you. Would anyone else like to speak real quick? Hi. I She let me live move back in. I was her uh husband. I'm her ex-husband and um I built 11-11 um with her back in
'92. My older brother is a building inspector and he used to be a frame contractor. Did you give your name and address? Oh, Leo Maguire. 11-11 Northfield Road. Thank you. Um my question is when you guys talk about Phil, um I would think it would be in the town's interest in some of the butters. I'm surprised nobody from
across the street showed up to say, "Geez, instead of doing fill, when you think about Phil, is that how much fill are you talking? Is it a lot of fill?" The only reason I ask is that I would almost think that you should be able to capture the amount of water that comes down and the fire department would probably find
it beneficial because they'd have access to water for all the new houses that are on the other side of the street. You know what I'm You know what I'm saying? So, I just want to throw that out because I don't know what the regulations and stuff on that and I'll let I'd hate to see you have to go out and spend 10,000 cubic yards worth of
fill or something crazy. I I'll let you answer that. We have to go through the board, but Okay. Thanks. Uh good good question. Um so, the the other thing I should probably point out here is that this project requires compliance with the Massachusetts storm water management
policy. So we have to we have submitted that those calculations to the um planning board or we will be submitting those. No, we've got that actually is pending as well. So that's been submitted. Um so we've designed storm water management basins that aren't really shown on this plan because it's
not really the per the subject of what we're doing. But there's a lot of other information on the plans that are will ultimately be reviewed and um and considered by the planning board. the fill that we're proposing, you can believe me, it's as minimal as we possibly can make it to get the thing to
work. So, I don't have a cubic foot number, but we have to fill to get the co, you know, to get the clearances required to get culverts under the driveway to maintain the hydraology. Um, but I also wanted to just put it read into the record that we have to mitigate the runoff
associated with this project. So, and we've designed storm water management areas to do that. So the the the flow of this water comes from the golf course down, right? And we've designed three if not four uh storm water management areas to accommodate that. So I just want to make sure. So I hope that answered your
question. In terms of fire department considerations, if the fire department has some I think they've reviewed it already, so I don't think that that we'd be proposing any of those type of features, but that will certainly be a you know probably a point in the planning board process as well. So yeah, I'm not I'm not trying to increase the
um overall bureaucracy associated with building houses, but if you look at where you actually enter into the property um when there's a lot of water well that first 100 ft that goes into here. I know I know I know they're talking deeper about but that there's just tons
of water now that coming down Northfield Road. I presume you guys already know that. So anyway, would that uh actually help the water which the system you are putting in? Would it help there? Uh well, we've we've looked at storm
water globally across the site and we've you know the design that we put forward we believe will accommodate the the flow maintaining hydrarology where we're required to capturing the new impervious the runoff from the new imperous areas to reduce the peak rate uh encourage
infiltration before it gets into the resource areas and and ultimately offsite. So that that's sort of and there's 10 st I could talk about storm water all day, but I would put everybody in this room asleep. Uh but I used to live around the corner. I used to live on about a half a mile up on um on New
West Thousand Road. So for a decade I drove this, you know, 3, four, five, six, 20 times a day. We had young kids. So I know the water there too for sure. Uh I have a first uh firsthand knowledge of that. And you know, that's one of the
reasons why we're proposing the driveway where we are and why we've graded it the way we are and and things like that. And quite frankly, why why we would like another support and I I realize it doesn't necessarily weigh into your specific variance considerations, but
it's another reason why we think it makes sense to consolidate to one driveway. um is that you just in addition to less environmental impacts, you have less storm water uh related issues, less um you know less um uh
opportunity for washouts and things like this. So okay, thank you. Um any other questions there to take up from hearing none?
Anyone else want to speak? Nobody else from the public wants to speak. I'll bring it back to the board. So, Mr. Chair, I I like to make a proposal that we grant a variance.
However, uh looking at it as uh two 12T, you know, two two oneway 12T driveways. So, if you look at the uh the bylaws, it states that a width of a driveway for one way shall be a minimum of 10 ft and
for two-way shall be a minimum a minimum of 20 ft and a maximum of 30 ft. So, we talked about the 24 ft. So, I I kind of like the 24 ft number, but I'd like to see even if I if I'm looking at it as a variance, looking at it as, you know,
two two one way two one ways and increasing the width the increasing the width of the driveway to accommodate that way. So, I felt that that would be a way to um stay within the bylaws how however and not making it
that much of a variance. Okay. It's different. If if I could um you want to talk on that? Go ahead. Okay. I won't talk and listen. Could I go ahead comment on that? I don't disagree with that sentiment. Um that actually makes
perfect sense. The only thing I would ask is that if we could I think I don't have that in front of me, but I think if I heard you correctly, one way is 12 ft. Two-way is minimum of 20. Well, one weighs 10 10 and 20. 10 and 20 and it's
a 30, right? Yeah. Could we agree on 20 with two foot shoulders? So that so you basically we paved 20 but we'd improve 24. That's like I said as long because my biggest concern is two cars coming. Yeah. I think 20 we designed municipal
roads at 20. I understand you know so with with a lot more houses. So, I mean, I think that I your sentiment makes sense to me. Um, but I guess if you would consider uh a 20 foot paved with with two foot
shoulders, so a 24 foot improved, but 20 uh 20 foot paved, we'd appreciate it. But it's in your purview to to and believe me, I look at that that this way. I'm sitting there and I'm going, okay, if it says it's one way, but I think that would comply I think the 20 foot paved would comply with the correct with the bylaw. Right. That's a two-way
is 20 foot. Yeah. So that if if it this was altered to be 20 ft um I can see grant I you know I would make a proposal we grant the variance. Okay. If I could just make a quick comment on
that. We I have no objections to that as a concept but could we do that outside the wetland areas? So in other words, where the wetland crossings are, we maintain the existing width and then we widen up on either side so that it's
only narrow in the areas where we're altering spots that are in red on and it the idea is to minimize how much impact and I understand I say my biggest concern was you know as we said it was I know it's I know the by was 600 but that's a long distance for somebody to
make a decision you know and stop so doing that with that. I know I have to go to the mic, but and then the only other comment is my thought was to leave the driveway like an improved gravel asphalt millings
surface, not necessarily pave it. Um, it may be paved one day. All the storm water is designed for pavement, but I didn't want to be put in a position to be on the hook for 1,400 ft of asphalt right off the bat. Um, so my so if it
were that I would look at and having done that in a in a project I would look that that asphalt was done um early construction in when the lots were being developed. So therefore with the construction vehicles going over it you'd end up packing it and it would
almost become an asphalt driveway. Yeah, exactly. And that's that's a planning board thing. We would actually need a waiver from planning board because this driveway bylaw requires it to be paid for. You're going to have to go to planning board for a special permit and
you're also conservation as you already know. That's right. Yeah. And I'm just Yeah. For me, I was just addressing the concern with the driveway itself, you know. So, under the plan that was presented by Tanner, that that larger red section is about 120 ft. So, you'd
have a narrow stretch of 120 ft. So essentially, you'd be doing reverse. Most of the driveway would be 20. I'm going on my proposal here, right? Most of the driveway would be 20 with the twoft shoulders. You'd have a few short areas of of the longest being
about 120 ft that would neck down to 18 with I think plenty of sight distance. So you'd be able to see a car and stop. And so that's just one of the Okay, other questions. hearing none, I will accept the motion.
Okay. Uh did you give them? Yeah, I thought but I'll I'll give a motion that we uh grant the variance under the contingency of a uh of a 20ft driveway with uh two foot cur curbing curbing uh
shoulders shoulders on both sides and the re and the and reduced to 18 feet for the wetlands. Okay, that's that'll be a condition. Okay, and uh second. Okay, we
have a motion to second. So, I'll ask for a vote. I I I I Okay, so this is approved. I got a um it's not like a special permit so I'm
not going to use the normal things but the board basically what happened the board found that the um circumstances related to the wetlands uh but not generally affecting the district in which it is located. Little
enforcement of the provisions of the bylaw would involve substantial detriment without uh substantial detriment to the public good and without nullifying or substantially degragating from the purpose of the uh
bylaw. And with that, good luck. Next stop, planning board. Good good luck with the rest of the boards. Thank you. You're wonderful.
Oh, you want your lodge plan back or do you do you want this? I have got the wrong measurements now. If there aren't any other business to come before the board, I'll make a motion we Well, there is a
few little All right, Hans sent in and he's uh off the board. he's going to turn in a a selectman notification that he's no longer going to be on. I had said I was not going to accept a reappoint which I
didn't. However, I will see them tomorrow when I go do his cuz if I left and Hans left, you got five board members. You know, you're going to run into a lot of issues. So, um I'd like to make a proposal for
you. Sure. Do you want to share the chair? So, in other words, I I I my my plan right now, in fact, the idea of the five would be very hard hard because I plan on being out of here for the winter. Okay. However, that's what I'm talking about.
No, but but however, I would gladly take the position of chair, you know, with for the time. So it lets you relax a little bit as um during this you know during this time the spring you know during the other six
months if that helps you in your in your in your decisions. All right, I'll consider that. We'll see what we can find. Um, in any case, at some point, you know, I'm going to stay here tomorrow and I'm going to just
stay another 6 months. I'll stay another 6 months if that goes longer. Yep. But okay. But uh so anyway, one of my top things I had mentioned the other day to try and find out if we had any job
bank applicants for Did you The only ones we have are kind of old. Old. Um I can check with the selectman's office tomorrow and see if there's any new ones. Okay. All right. Yeah, cuz I definitely want to get at least two. We're entitled to four sit uh
five seat sitting. Yes. And three alternates. Um, I've ne we've never needed to my knowledge the three alternates. Two has always been sufficient cuz we can also go down to four and still hold all the hearing. So,
but we'll see if we can pick up a couple, you know, soon. Whatever. I I I couldn't hear you very well because of the noise. You indicated that Hans is not going to ask for reappoint. No. Yeah. No, he's not. He's choosing to
step down. He's not up yet. He's just choosing to step down. He's got some other personal issues that he's involved in and he just wants to step back. That's why he hasn't been here much. Okay. So, I just wanted to update you on
what's going on and then you got to start thinking about it. Now, Lisa, do we have anything coming up in June? I had an application come in today and that would be the second meeting in June. I don't have the date
in front of me, but I can put it in front of me. But he just applied. Still needs to pay the fee and a couple more, you know, items need to be, you know, brought
in. But 25th, yes, June 25th. What's the date? June 25th would be on next hearing. It was an application that just came in at the end of the day today. Okay. But I haven't confirmed that. Nothing. Until I till I talk to
you first. Okay. Yeah, sounds good. So, what's the So, like my term's up and I reapplied. Well, your turn is up when? June. So, I just reapplied. Yeah. I did as well. I don't think yours is
up. I don't ask. The only ones that were up were yours is a three-year term. That's correct. They told sitting is five. Yeah, the associates voting members of five years. I'm still an associate. So I I had to
Yeah, we Well, that's another one of you is going to have, you know, step up to sit. Yeah, I think you were here first. Would be your option. All right. I I'm always fine just being a pretty
face. We appreciate that. Same. So, yeah, cuz I just I just I don't know the sentiment at the zoning board uh not the select board if they're going to say no, you've been too long or Oh, don't
know. This is Yeah. What? You haven't been here long enough then that you volunteer in Lunberg here. Oh, that's it. You Yeah, you I've been here six years. No, you appointed for life, right? I've been here for It's been a past six years between both. Yeah. Like, well,
they don't. Yeah. So, all right. I Well, I I don't know. Maybe, you know, cuz you were on before Don. Yeah. I got Don spent three years. Yeah. And I started in 2019, right before co Then we had the co thing. So yeah, I
started like December 2019. Okay. Okay. You should you should have been reappointed. All right. I'm fine being the the associate member. Well, now you get the choice of to task
of recruiting another associate. Right. Tony expires June of 2025. Yeah. So does Dawn. Oh, okay. And Al June. So you all all three, but Shirley sent me Okay. So probably you answered.
I did. Yeah. And Tony, did did they send you something? No, I I sent them something. They didn't send me anything. Okay. So you got to do the same as me. You got to fill out. You got to get a request for reappoint. F. I didn't get that form. I filled out
that volunteer form and requested reappoint. Okay. Okay. I filled out the volunteer form and I just put on it I'd like to for reappointment to my position. I'm sure they uh I'm sure they'll take that. Well, do we make a proposal for him to become a full member
now or do we have I think he's got to be you know we might as well wait till he's reappointed cuz it's going to change the status from 3 to five. That's what I'm saying though. When if he's if we do it before he gets re they also select when I got to prove it. So, right. But that's not right. I'm looking at it is that
this way when they No, I agree with what. But yeah, we got to do it in their order. I dealt with it. Um I took over for Paul and they just put me in his spot. Okay. Whatever was left. That's I think they just appointed me to that
spot. Whatever that was. I think now what they're doing is everybody's appointed in June. Correct. Yeah. Yes. Yeah. They changed it. So all that you're 2027 And so is Dave. Oh, okay. I don't I don't ever remember
being reappointed. I just figured I was on here. Yeah. This is all new. This reappoint thing. Think of me. I was appointed by Joe Bau and Lance May. Exactly. Yes. Yeah. You
know how long ago that was? This Joe. It still looks the same though. Yeah. Yeah. Hey, look. Ajourn. All right. Motion to adjourn. Second. All in favor? I.
Good night.