e e think we just got to let him know is it seven on your yep let me turn my volume okay we're on air okay we are on the
air right we're all set uh recording in progress yes okay thank you welcome to the lunberg zoning board of appeals uh this hearing is being recorded in
accordance with the requirements of the open meeeting law please be advised this meeting will be broadcast live through local access cable on Facebook live on the public access Facebook page and will
be available to be found on the lunenberg public access YouTube channel within 24 hours after the meeting to participate remotely from a computer go to zoom
meeting computer and app users may use the raised hand features to request to speak and introduction to the board members present we have Chris Riley to
my left uh planning director who is sitting in for Lisa Normandin board secretary I'm Jim bakari Vice chairman Al grel uh recently
had cataract surgery so he is non attendance next to me is Tony necastro Pat Callahan who is taking care of our Zoom meeting and Don gurnie as far as the hearing
procedure um the applicant will have the opportunity for comments on the application or submission of additional documents if you would like to speak please come
forward to the mic and give your name and address uh board members will have the opportunity to ask questions that they might have on the application while you're are there at the mic there will be time for public
comment whether it's anyone shows up or whether it's on um Zoom please address all comments and questions to the board in either case as far as deliberations which will
follow give me a second um for a special permit to VAR dimensional requirements uh the required findings are one one the permit may be granted without substantial detriment to the
public good and without nullifying or substantially derog derogating from the intent and purpose of the BW two the specific site is an appropriate location for such
building or alteration three the proposed building or alteration is comp uh compa able with the existing neighborhood with regards to size location and
architecture four the granting of the special pamit will not adversely affect the neighborhood five the granting of the special permit will not unreasonably diminish the available light air
sunlight and other amenities and six there will be no nuisance or serious hazard to vehicles or pedestrians finally the board May impose any condition deemed necessary to
achieve the purpose of this bylaw and now I'll ask Chris Riley to read the application and open the public here okay notices hereby given that the zoning board of appeals will hold a
public hearing on February 12th 2025 at 700 p.m. at the L Town Hall second floor just bada meeting room 17 mainstream lunberg Mass uh the board is the EBA and um you've read the uh the zoom notice uh
the lunenberg zoning board will hear the petition of hillbilly trust John Potter trustee 22 Fairview Road lunberg Mass the property which is the subject of this case is located at 22 Fair viiew Road lindenberg Mass accessors map 80
parcel 32 petitioner seeking a special permit for dimensional variation to construct an addition of 32 by 39 foot garage the proposed addition intensifies the existing nonconformity along the side Lot line
and reduces the setback to 4.2 feet the required setback in the ra zoning district is 15 ft all correct yes okay Mr chair please proceed meeting is uh public hearing is open okay uh project
information um the address again is 22 febru road assesses map 80 assesses parle 32 uh application of for special permit mgl 48 section
9 was a written zoning determination or denial issued or received no uh project prescription description sorry construction of a garage that does
not need not meet setback the garage is placed in an attached garage as the LW has Wetlands with no touch Zone the Conservation Commission has approved a location there will be no
water or sewer utility added the setback proposed is 4.2 ft uh those zoning in this District calls for 15 ft uh it has
public I'm sorry um setback within the re residence district from 15 ft to 4.2 water supply is public um sewer public res property type
residential um propose use for the property attached garage for a single family please describe how the proposed action will prevent conditions that are injurious to or dangerous to Public
Health unduly hazardous because of traffic conditions danger of fire or explosion response the project the proposed setback will still allow for access to the rear yard at the property line on
the souly side and 20 ft on the Northerly side the garage has no impact on traffic and does not have utilities other than electricity for lighting and will be built to existing
code please describe any material adverse effects on the value of land and buildings in the neighborhood or amenities of the neighborhood there should be no effects please describe how the proposed
use to our activity will be operated with reasonable regard for order unsightliness and unsightliness if an appro open use the addition will blend in with the home
and will have an appearance common to attach garages question uh please describe how the proposed action will reduce and or prevent noise vibration dust OD heat and or glare at the lot lines in amounts
clearly detrimental to the use of adjacent properties answer uh the proposed addition will not block any NE necessary sight lines for roadway access the structure will not generate detrimental
air dust noise or other types of pollutants as the use of storage is storage of automobiles which is the standard use of a garage question additional information
relative to applicable section of the zunberg um code uh answer there is no other location as the property is subject to a 50t no build Zone on the rear
yard for uh for a detach structure placing the garage on the opposite side of the home would require total interior realignment and renovation resulting in excessive costs and would still like
likely require a zoning board of appeals filing um let's see following that um more directions on how to file uh proposed garage plan from delis and
[Applause] Roy um table of content summary of the table of contents uh and aerial view of the property uh two of
them uh copy of the order of conditions for a cover page and a list of the letters um dat of January 6 2025 as well
as a um overview aerial map of the location of the um 3 300t of Butters um list required and that's
all are uh there any questions before we ask um for any other information okay if
not um would you like to add anything no it's pretty well spelled out you know it's just it's been a long process and I had to spend an awful lot of money that really wasn't necessary um I'm sorry
John uh your name and address to make oh my name is John poter 22 Fair viiew Road lunenberg Mass thank you so nothing else to add no I'm Matt has done a very well job on you know
specifying and Dillis and Roy and I didn't bring I have um architectural drawings of what the garage is going to look like attached to the house I didn't know I would need him but I do have them okay um that um I'll open it up to the
board again for any questions or responses I would just also add um it looks like we do have Matt on zoom and he did request um access to share a screen so I I assume he has some things to add to that as well I'm assuming may
I just asked to share the screen in case um the board wanted the um Dillis and Roy plan shared on the YouTube other than that really have nothing new to offer okay thank you Matt I'd like Mr chairman I like to see just that
architectural drawing of the garage in relation to the house you would yes please yeah are they outside or well I can run to the house it'll only take me five minutes to run down and get them can Matt share it I don't know whether Matt has a copy of them or not all right
so my only question is was not provided with the architectural drawings no is it it's not going to change it existing sight line of the house right they're all going be on the same sight line no the the roof line for the the garage is going to be a little bit higher than the
roof line of the house but that's why I had the ex the architect come in so we could take and make it look right because I need an an ceiling height of 14 ft cuz I'm going to I have what they call a stacker lift to could put one car
up on the lift and one underneath it to give me space in the garage how much higher would you say it's going to be 2 three four feet not much I'm going to say probably 4 feet higher than the original roof line to get get the
the amount of height that I need but it's my only question Mr chairman okay thank you anyone else um my I think I understand you've already had Conservation Commission approval yeah I've had wet lands and
conservation all involved in it from the beginning that's when I cuz I originally I had planned on putting the garage behind the house and when Wetlands told me I had to be 30 feet I had to Dillis and Roy move the garage but then they come back and say no there's a 50ft no
bill Zone you know so that meant I had to take and relocate the house right now has a like a twocc carage um carport on it and I have to tear that completely
off the house in order to have put the garage where the the carport is and are you going to retain the existing shed that's shown on the plan one shed I have a vinyl shed that's right behind
the carport and um that has all my tools in it that I normally have that shed is going to be moved to back to where the the existing shed is cuz the existing shed is about ready to fall down so that'll be removed once I get the garage
up and I can move all my stuff into the garage and that's been approved by the Conservation Commission yeah they they have no problem with the you know the existing structure that's there and this one here happens to be one of those um vinyl sheds with the with a platform
underneath of it the one that's there is all wood and the bottom and it's all rotted L how how what's on the other side of the who who's the property owner there and what do they have to the left of me
well to on the side yeah on the side where the garage will be um he I don't have his name off hand I did they told me who he was when they were sending out the letters the fellow that lives in the house now is a renter
not the owner of the house and how far away is that it's going to be once the garage is up I'm going to see at least 20 ft if not more I don't know how far his house is off of the lot line I know he had
there's a stockade fence that's very close to the lot line is that fence belong to that yeah it belongs to them yeah there's prob there's probably like four feet from the fence to the lot line that goes down
between the two two pieces of property gotcha uh it's Pro either uh John Collins or Jeff Lang as the owner of the properties next to you yeah and all I know is I think the owner of the property leaves lives in fishburg or ler
I forget now Lang is at 15 sorry yeah 15 Fair View and Lawrence Ferell Larry farell is 25 so
okay any other questions not from me and from maybe not from the board I think we ask typically asked for public comment there's no uh people present to make public comment but there might be on
Zoom uh is just myself and Matt are the only On's on Zoom so Matt if uh anything you want to add it's the floor is yours no I'm good thank
you okay um any other questions no any other comments no I mean like I say I've get if you need to see the architectural drawing of the the garage attached to the house I'd be willing to
if you're going to be here for 5 minutes I can run down to the house and get them no it might be advised that you run it by the uh building inspector to make sure that the the height levels even though you
only raising at 4 feet he he has already seen the architectural uh drawings of the garage because there are um Str uh trusses that are going to be put up on the garage so he's basically said yeah
he he knows what it when what the it's going to be yes okay because the trust has had to be certified because they're they run the the long way of the garage they're 41 fet long okay thank you anything else just a
question um on the height um because of the relation to the lot line is are we going to need to have a that's why I wanted to make sure that the Zoning Board of inspector yeah uh would check it out I don't think it's asked in the
original um just that the Height's not mentioned and yeah I just don't want you to have to come back well we can put a condition in to um whoever makes the motion that it um the the zoning the height of the building conforms
to um the requirements for any building and structure close that close to the lot lines yeah no um would there need to be relief on that just all right did I excuse me guys I'm
gonna have to sign out I have another meeting to get to but I think Mr Potter is okay with that way and Mr uh Mr chair point of information the nearest the butter is 25 ft away
from what he's proposing for the relief from the board okay yeah I know okay so my contractor took the blueprints for the house to the building inspector and the only thing he had a comment on was that he wanted the whole inside of the
garage fire rated sheetrock put on it because of the how the garage being closer to the property property next to me and and no one the build inspector he's he's usually on point he wouldn't
mentioned that that he needed a height relief too so I have trust in the building insect okay so you don't think it's necessary to put a condition okay I that's just my opinion Mr chairman the benefit of the board put information we've received no public
comment on this nobodys came in wanted to see the plans or expressed concerns and I looked in the open gov portal where the application is and there were no concerns by staff either taxes are all paid so everything looked clean and
I know the architect kept the roof line as low as possible to get the correct pitch for the the length yeah a suggested condition if I may in these circumstances where you do provide relief if you do it's pleasure of the board um up to the lot line at
that distance usually some plannings like abravit to break up the visual impact to the abutter but it's just one option four or five plannings there's enough room there to to do it if that were a concern but again we've heard no
concerns yeah okay okay Fair Point see is there's no other comments anything else from the board anything else from Mr Po no no then I'll entertain a motion Mr chairman i' like to make a motion I'd like to make a
motion uh for 22 Fairview Road to Grant the special permit for the 39 32x 39 garage with the um setback of 4.2 ft okay do you want to include um
something about dimens allowing for dimensional variation and and allowing for dimensional variation yes okay thank you any second second okay a motion is made and
seconded all in favor I I I and I so with that the motion is granted and I have to read postdecision instructions for
special uh variation dimensional requirements the required findings are the permit may be granted without substantial detriment to the public good and without nullifying or
substantially derating from the intent and purpose of the bylaw to the specific site is an appropriate location for such building or alteration three the proposed building or alteration is compatible with the
existing neighborhood with regard to size location and architecture for the granting of the special permit will not adversely affect the neighborhood at five the granting of the special
permit will not unreasonably diminish the available light air sunlight and other amenities and six um there will be no nuisance or serious Hazard to vehicles or
pedestrians finally the board May impose any conditions deemed necessary to a I already I think I already read that one okay the post the special permit is
granted with the contingency that the petitioner complies with all licenses regulations statutes ordinances and any and all applicable State local 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 enforcement officer to ensure compliance with any conditions non-compliance to such conditions may result in revoc revocation of this
permit a copy of the board's decision shall be filed with the town clerk within 14 days any party agreed by the board's decision May appeal to Superior Court 20 days and 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 no
special special permit shall take effect until it has been recorded and special permit shall lapse within 2 years unless substantial use or Construction has commenced and with that it good luck
with you J thank you kindly gentleman for giving my you're welcome me a little life again so you can file for your building permit roughly 35 days yeah is it the practice of the board that I would write the decision Al leases out yes and then
you sign it at the next meeting in 14 days we I think Al does yes yeah how you do it okay so I'll include the findings that you approved with the mo basically you can take it from right from um the minutes from the meeting and okay so
they'll sign it and I'll file it the next day with the town clerk 20-day period that elapses which you will get your building permit I'm not sure if that I think Al might go in to sign it I've never done that I believe he does even though oh he has signatory
Authority I don't know I think it's anything that I know of is so it might be quicker but we'll let you know well sometimes long as the long as the building inspector knows that everything has been signed off so we can apply for the permit get your permit
you're almost ready but get your permit application together and then yeah and uh you'll get your building permit right when yeah CU period's over I've never signed anything in 25 years plus so yeah but people know how to counterfeit your
signature that that's pretty common nowadays okay um any other comments or questions then I'll entertain a motion we adjourn if our next meeting is the
26th and you're all set okay thank you now I can to enjoy my vacation where you going I'm going out to visit my oldest son and family out in Las Vegas I leave next Wednesday I'm sure you'll visit a couple casinos no no
no something to celebrate but you'll forget all about that I I I spend my money going to Las Vegas International Raceway and driving uh a real nasca on the track wow it's on my bucket list yeah okay motion to ajour Chairman I
motion to adj this will be my third and second all in favor yeah it's a we are ajour thank you we off the air