Zoning Board of Appeals - Regular Meeting

Welcome to the planning board meeting of December 9th, 2025 in the Carver Town Hall meeting room number one. These proceedings will be videotaped and rebroadcasted by Area 58 TV. If we could please stand for the flag to the flag of the United States of America and to the republic for its one, indivisible with all. Good evening everyone. Before we begin tonight's meeting, I would like to uh introduce and welcome Valerie Msard, our interim town planner. And she's here to help us and we're very appreciative of that. Thank you, Valerie.

Thanks. Glad to be here. Thank you. Okay. So, we have again on the agenda the MBTA zoning bylaw uh discussion um to bring forward again this evening. Where we left off at the last meeting, uh we had discussed possibly continuing with a Barrett planning group or choosing another planning group. I um I would just like to put out there that I I think we should stick with a Barrett planning group. And I believe Valerie, you have talked to them. Judy, I spoke with them. I I think what what we're going to do if if it's um okay with this board is apply to the Mass Housing Partnership for another technical assistance grant. Okay.

And then it'll be up to the Barrett group. I'm not sure that they're uh going to come back. Okay. We'll find out more this week. I've talked to Judy Barrett briefly. Okay. And I've talked with Katie Lacy briefly. All right. Very good. But we're I was just coordinating the letter of support with your town administrator and uh we'll get that application in on uh tomorrow and I'll be talking with Mass Housing Partnership on Friday.

Wonderful. Well, thank you for that. Um it was also discussed and this may be prematurely then let's find out where we end up with that before we have any further discussion on if there if the board would like me and another board member to have any direct communication with that group um to assist you with your limited availability um you know during the week and such. So if if there's anything we can do to participate with that. So, um, we'll just table this discussion then, okay, for tonight unless anyone has any questions. No, I'd just like to say I think I'd feel much more comfortable if you possibly Connie would be in direct communication.

Okay. Sorry. So that we don't have anything slip through the cracks like you did the last time. Cover all. Thank you. All right. Perfect. Okay. Next on the agenda this evening, we have an ANR plan. The purpose of this plan is to divide map 10, lot 10 to create four lots, lot one, lot two, lot three, and the remaining land assesses map 10, lot 10 located at Cranberry Road, cover mass in the residential agricultural zoning district. Hi there. Hi. Good evening. Um, if you could just sign in.

Thank you. And if you could state your name for the minute or two, that would be great.

I'm Tom Morris with Zenith Consulting Engineers. Um so as you said to form a plan um creating three new lots with remaining land um on Cranberry Road. So we're aware they're very oddshaped lots. Um, we had to kind of shift things around to be able to make all of the setback requirements work um for the zoning of the lots. And then also there's a lot of surrounding wells and septics and then the bog itself um that we have setbacks to uh account for with our own wells and septics. Um, so essentially what you're seeing in the back, those tails and how they kind of go in and out of each other, um, is to provide area on each lot for a well. Um, they would be in that back area. Um, we're meeting all of the requirements under the zoning. Uh, we have the lot width at the setback. We have the 75 foot width um for the lot from the frontage all the way to where the back of the house would be and then a minimum of 40 ft for the entire lot to count as lot area.

I see that you've done that. You haven't left much room for the house itself, huh? It's going to be tight, but there are there is space for a 26x34 house on each lot.

I don't like these cook cutter lots that are done like this. This is this isn't a ridiculous breakup in order to to meet the requirements. And for future reference, um, your lot should be in bold and easily recognizable. And the 65 and the 100 foot wetlands, uh, markers should be on on here as well. Yeah. Just the way these are cut up or just Oh, I think it's terrible. But if they meet the requirements, then I I'm not sure that we have much choice.

Does anyone else have any comments or questions?

I just remembered seeing a lot of this on conservation. People trying to shoehorn houses into it is kind of a shame to see, but like you said, if you know meets the requirement, it meets the requirement kind of deal. Right. Just unfortunate. Right. Yeah. It does become a little bit more difficult to fit the setbacks because of some of the town bylaws uh with border health and conservation. Um so we have to be 150 ft from the bog for our wells. Um septics have to be 150 ft from wells um includding. and some of the ones across the street on Cranberry Road are very tight to the road. So, it kind of limits where everything can fit in,

right? Um, one benefit to the lots being kind of tight um is they are going to be fairly modest homes and they won't be super expensive. They'll be a little bit more affordable. Okay. What is considered affordable now? Not very affordable, honestly. but better than the alternative. Um, if it were two lots, they'd lay out a little bit nicer, but they'd be bigger houses, more expensive. I will remind you that in the town of Carver, you're prohibited from building within 100 ft of a wetland. We don't see the line on here, so that's going to have to be scoped out for lot number three.

Yeah. And I would like the building commissioner to look a little more closely at the requirements on on this. I mean, we can separate it. We kind of have to, but whether they're buildable or not, I think we have to leave up to him to decide. I would agree on that. Um, would you be willing to to add those? Well, it's it's already on here. Uh, planning board's endorsement does not reflect compliance with the No, no. I I meant um you wanted it outlined with the wetlands.

Oh, well I I I he can't build within 100 feet of him. So I mean at some point he's going to have to mark it so that he can get his building permit. So but it's supposed to be on our application for approval not required. That was supposed to been done months and months ago and clearly two two meetings in a row we run into the same issue. So that's something that hasn't been done. All right. Very good.

I'll make a motion to approve uh the ANR for lot one, two, and three at Cranberry Road in Carver. Second, is this uh before we vote on it, um remaining land, is that like a lot four?

Um so, we're not really saying anything is buildable there. I mean, obviously your endorsement is not saying it's buildable, but um the plan is not to do a house on that right now. Um there is so we've delineated the bog where it's pertinent to the lots that we're looking at developing. Um this bog is quite sizable coming back this way and then there's a second one on this side. Um, so we're not even sure it's possible to um

currently I think we should not being able to tell we should mark it as not being considered a builtup lot without further discussion. I I I mean I don't know because it's it's impossible to tell if it's a buildable lot because none of the information is here. I can see the cranberry portion of it. So, I think Valerie was just asking a question. I'm sorry, Valerie. Identified as lot. No, I'm sorry. Is it numbered? We just called it remaining land. We didn't call it a a lot with a number.

Would the assessors accept that or do you need to go up and get a number from the assessing department so that when they go to record it, um, they'll have the proper information? I don't know that answer explicitly but I know we have done it this way in the past um where the large portion of the lot is left behind we just call it remaining land um so when the lots get sold and the deed is made up um it will be the lots one two and three that are sold uh the owner is retaining the remaining land Um, so his deed will have one, two, and three taken out,

right? The new lots will describe the lots on this plan. Gotcha. So, do you own this land? Not me. I not you personally, the person you represented. Yes. Yes. So, so the applicant and owner are separate. Um, but the owner will be selling the three lots to our applicant. He will be the developer. Is the owner of the property the one that put in this application? He signed it. He signed it. Okay. Yes. Yeah. We had both signatures, the applicant and the owner.

So, I think uh the remaining land should be considered not to be a buildable lot as it doesn't uh it's clearly doesn't meet the requirements. um that we put forth for an application. So, it's uh it's insufficient information for us to make a determination in regards to that. So, that's my recommendation. Okay. Very good. Um do we want to make a motion?

I will amend my motion to approve lots one and two and three with the remaining land listed as be not to be considered a buildable lot. Okay. Very good. And I'll second. Kevin Robinson says I. Mr. Shay says I. Ellen Sadillo says I. Marilyn Williams says I.

Okay. Thank you very much. Next on the agenda this evening, we have a public hearing continued way Solar 2 LLC requesting a special permit and site plan review pursuant to section 29-3-1 29. 29-3-6, 290-5-3, and 290-4-3 of the Carver zoning bylaw located off Wham Street in Carver, Mass. Assesses map 134, lots 42, 4-2A, 4-2B, and 4-3 in the residential agricultural zoning district. The project consists of a largecale groundmounted solar photoic system with coupled battery energy storage system. Uh for this matter this evening, uh the applicant has requested a continuence to January 13, 2026. I will make a motion to continue the public hearing on Worm Street Solar 2 LLC until January 13, 2026. Uh Carver Town Hall, room 17 p.m.

Mr. Blake. Hi. Kevin says I Mr. Sheay says I. Ellen Sadillo says I. Marilyn Williams says I Okay, we will sign a by the myar after the meeting and I do not have any notes. Um Valerie, would you like to add anything to this meeting? No, I look forward to learning from all of you. So likewise, yeah,

very good. And we have some um unless anyone has anything else to discuss, move on to minutes. Other than it's particularly cold out, the holidays are coming up and people should check on their elderly neighbors at this time of year and uh it's the nicest Christmas present I think you can give someone. Thank you, Mr. Shay. Thank you. And moving on to the minutes of September 16th, 2025.

I do have a singular edit to it. Um, so I will uh make a motion to approve the minutes of September 16, 2025 as edited. And I would tell you that my edited is on page four at the very bottom. Um, it says that I indicated according to the usage chart, earth removal is permitted in the green business park, but I think we all know that that's not true. So, um, that's my only edit off the top of my head.

Very good. Thank you. And did you make a motion to approve with that? I made it as amended. Yeah. I don't know if there was a second though. There wasn't. I don't think. Do we have a second? Second. Mr. Le. Robinson says I. Mr. Sheay says I. Elms says. Marilyn Williams says I. And next we have the minutes for September 23rd, 2025. I will make a motion to approve the minutes of September 23rd, 2025. I'll second that. Mr. Lake. Kevin Robinson says I. Mr. Sheay says I.

Ellen says I. Marilyn Williams says I. If there no other matters. I get a motion to adjurnn. No. Do we want to schedule a sitewalk? Um I'm not sure who we are sitewalking, but it says 73 Tremont Street. So that was already scheduled. That's Friday. It's been scheduled for this Friday at 9:00 a.m. Okay. Edgewood Fox. Okay. Cuz they're saying that let us know to let us know that they can that they'll be available. So, but with that rescheduled rescheduled that one. Yes. And they're good with it. All right. Excellent. Thank you.

Very good. Then with the matters, could I get a motion to adjourn? I'll make that motion. I'll second that motion. Mr. Lee. Hi. Kevin Robinson says I. Mr. Shay says I. Owens do says I. Marilyn Williams says I. Thank you and have a good evening.