Zoning Board of Appeals - Regular Meeting

Zoning Board of Appeals Chairman, as a preliminary matter, start by confirming that all remote members of the board are present and able to hear and be heard. Uh, we have no members.

No one remote. Um, so good evening. It is 7:03 p.m. This open meeting of the Grafton Zoning Board of Appeals is being conducted both remotely and in person, consistent with the temporary provisions of the open meeting law, which extends remote meeting protocols through March 31st, 2027. This meeting is convening via Zoom video conference and in person as posted on the meeting agenda, which can be found on the Town of Grafton website. Please see the meeting agenda for details on how to participate remotely. Please note that this meeting is being recorded. Any participation within this meeting will be visible to others. Please aware be aware that if you share your screen, it may be recorded and broadcast later. This meeting may feature public comment. Anyone attending um anyone attending virtually, if you'd like acknowledgement to speak, please use the raise hand feature in Zoom and the meeting administrator will enable you to speak. Um, anyone on the phone? Uh, the meeting administrator will um allow you to speak. Um, and for all speakers, please state your name and address prior to your comments or questions. And each vote taken during this meeting will be done by a roll call vote. So, we have three cases on for this evening. We have an issue that we'll put to the applicants I think um for 60 Waterville Street. Um let's see. I'm not sure who the voting members. Was it just the active board

members? Right. Yeah, Peter was here and Alex was here. We were all here except for Jiffy. Yeah, Brian was here. So Brian could vote on that one, too. So I I guess this does apply to all of them then. Um so any case that requests a variance requires a super majority which is is it four of five four out of the five

four of five votes. So to continue this evening, that means you would need every member of the board to vote in your favor in order to have any relief granted. Um, we Does the Mullen apply to 48 cases?

Yeah, it does. So, um I guess one thing we could do is open the case, hear from the applicant. Um the applicant can decide whether or not they'd like to continue to a further hearing or have the members that are here vote Um, or we can continue each of the cases to a further date. So, I apologize. We didn't know about this until walking in this evening.

And we still would have had to have the meeting even if I knew about Alex because everything was posted for tonight. So we still would have we have still have to we still have to have the meeting. We do have to open the cases. Yeah. Mr. Chairman, uh Mr. McCusker, if I can just add, you said special permits and variance. It applies to the appeal as well. I was just looking at section 15 does say supermajority. We don't do those all the time and I wasn't sure, but Okay. So that case also needs a supermajority.

Okay. So, I guess um we'll just start with case um 922 7 Milford Road.

So, you can step up to come up and sit at the table. Good evening. My name is Mandy Hicks, 14 West Street GBI, and this is uh Jared Monk of 7 Milford Road, South Ken. Thank you. And I do want to apologize. This is the first time since I've been on the board that I've ever had this happen. Really? Yeah, for sure. He's been on as long as you. I was going to say I have had to have but I've been here 15 years, too. So,

I've never encountered this before. We used to have it happen quite a bit. Yeah, we've had a full board, which is good.

So, sorry. Um, so actually, let me just read the rules of order and then we'll open the case. All right. So, the clerk will read the petition into the record and the petitioner will have the opportunity to present their case. Uh the petitioner shall present the required information and all comments should be specific. Um the petitioner will have 15 minutes to present though if we've ever enforced that. Um anyone wishing to speak in favor of or in opposition of the petition will then have an opportunity to do so. uh letters received in favor of or in opposition to the petition have been posted on the ZBA website under the case number. Um the board may ask questions from time to time. All conversation should be directed through the chair and after all evidence is presented the board will enter into discussion and render a decision. At any time during this hearing and prior to a decision being made by the board, the petitioner has the option to request that a petition be withdrawn without prejudice or continued to a later date, at which time the petitioner could provide additional information favorable to the petitioner or

um I guess continue the vote until um we have a full board present. So with that, um, see, is there a motion to open case? It's 92. We don't have to do that. Yeah,

you think I'd learned that by uh so I'll ask the clerk, Miss Reed, to read the petitioning the application of Sorry. The Grafton Board of Appeals has received a petition from Jared Monk for 7 Milford Road requesting that the zoning board of appeals grant a special permit or variance to allow the construction of a detached garage in a single family dwelling within the side setback in the OI district looking for relief from section 32 3.2 3.2 to the Grafton zoning bylaw as a garage will be 28.9 ft and 31 ft off the side lot line where 35 ft is required in this district. The board will conduct a public hearing um April 2nd, 2026 at 7 p.m. in conference room A at the municipal center in Grafton. Any person wishing to be heard in conjunction with this request should appear at the time and place designated or by letter to this board to be read at the hearing. Sony Board of Appeals, Brian Waller, William McCusker, K Reid, Alex Mahia, Peter Adams, Jiffy Thomas, and Brian Lanchman.

Okay. So, with that, I'll turn it over to the applicant. Okay. I'll just give some information on what we are requesting. So, I'm I'm going to interrupt. Yep. So, I just want to make sure you understand the situation. For you to get relief, you need four votes. Yeah. You only have four people sitting here tonight. So, if any one of us votes no, you're you're you're going to lose the appeal and then then you can't come back for two years. Okay. Um All right. So, two years. Yeah. Um the alternative is to ask for a continuence until we have a full board. It would be best if we heard no testimony whatsoever. Okay.

That that would be an alternative for you. Um in in theory we could listen and then afterward you ask for continuance then we come back with a full board. Somebody's got to actually look look at the tape and sign a Mullen form or not. But so I just want to make sure you understand what you're stepping into. Okay. Do you want to ask for continuance and do it next time or Yeah. How um when would next time be? That's a good question. We do have to we would have to continue this to a specific date and time. So we would have to decide that right now.

So next week is Snow Road. The week after that I'm gone. So we have the 23rd. I'm out the 30th. We or we go and then we're into May. So if we wanted to do two weeks, I can do the 23rd. We have the 23rd. I'm I'm pretty sure I can go to 2013, but I'll get there in a second.

I mean, just assume I can do the 23rd if I can do the 23rd. Yep, I'm good. You want me to text Alex and Jeffy? I know Peter's here. Peter is here the 23rd. It's school vacation week if that matters to anybody, but that would give us five. I mean, is Alex being responsive? He is. Yeah, let me ask him. Wouldn't hurt the check.

Yeah, I'm good to 23rd. I am as well.

So, so you can be thinking about it. Looks like it's going to be the 23rd. So, that's what two weeks from now, three weeks. Two weeks. Two weeks from today. That's uh three weeks. I'm sorry. Yeah, three weeks because I'm gone the 16th. So, we will request a a continuence if it's April 23rd. If anything changes, I can um email Katrina. Well, nothing will change. We will have it that day because if we continue it, we have to still open the hearing that night. Okay, perfect. So, it will be definitely that night. The 23rd. Got it. I mean, if something comes up happens Yeah. something happens on your end, you realize you can't be here, just let me know. Send a note in and ask another continuous. Yeah. Yeah.

Right. So, is there a motion to continue case number 922 to April 23rd at 7 p.m. So moved. Second. Motion was made and seconded. Miss Reed, yes. Mr. McCusker, yes. Mr. Levin, yes. Chairman votes. Yes. Case 922 is continued. Thank you. We appreciate your time. Thank you very much. Thank you.

Sorry. Sorry. Uh so the next case 923 923

you guys um case 923 2573 I'll ask just read to read the public notes.

The Grafton Board of Appeals has received a petition from Cynthia Thirsten for 257 Worcester Street requesting that the zoning board of appeals grant a special permit or variance for the construction of a 24x 26 garage within the front and side setback. looking for 20 feet of relief from the front setback and eight feet of relief from the side setback where 30 feet and 15 feet are required on a pre-existing non-conforming lot. The board will conduct a public hearing on April 2nd, 2026 at 7 p.m. in conference room A at the municipal center in Grafton to consider this request and or take whatever action is necessary, including the granting of a finding, special permit, variance, or other necessary relief allowed under the zoning bylaw. Any person wishing to be heard in conjunction with this request should appear at the time and place designated or by letter to this board in time to be read at the hearing. So any board of appeals Brian Waller, William McCusker, K Reed, Alex Mahia, Peter Adams, Jiffy Thomas, and Brian Lanch.

All right. So you've heard the the last case. How would you like to proceed? I'd like a continuence, please. Okay. And April 23rd is fine. Yes. Okay. So, is there a motion to continue case number 922 to April 923? 923, sorry. Uh, for 257 Worcester Street to April 23rd at 700 p.m. So moved. Second. Was made and seconded. Miss Reed, yes. Mr. McCusker, yes. Jean, yes. Chairman, yes. Case continued to April 23rd. Great. Thank you. Thank you. Sorry for the No problem. Alex is available. You just text. Okay.

All right. So, the final case is case number 921 60 Water bus street. All right. So, appreciate um Mr. McCusker looking to see that we did need a supermajority for this case as well. Um, how would you like to proceed?

Good evening, Mr. Chairman, members of the board. Shane Picard, 129 Southeast Main Street, Douglas, here on behalf of Mr. Bowman, the applicant of one Bert Street here in Grafton. We would like a continuence as well. Unfortunately, I am not available on the 23rd. I don't know if another date would be available. Do we have any other new cases? We have one. It came in today.

You probably could put that on the 23rd, couldn't you? No, I would have had to publish it today. Okay. It's It's three weeks, not two. Remember? Huh? It's three weeks from tonight, not two. Three weeks from two weeks, right? But I have to have it into the graft afternoon by today. Yeah. The legal notice because they're weekly. Mhm. The one that you got today. Mhm. They would have had to receive the legal notice by noon the 23rd. Yeah. All right. So, so when does that have to be posted? When did you do the Um I just got it today. So 65 days would be

put it out late May. Yeah. Yeah, we could do late May. Peter's Peter's not here the whole end of May. But when does he he's gone from the 20th to June 3rd? This is what's it? So what's the Thursday before the 20th? The 14th, but I'm not here. I'm moving my daughter back to school. Back to school in May. She's going to PA school. It starts June 1st. Um,

and the and he's he leaves on the 20th. He leaves on the 20th. How much is it? I mean, we'll have Alex and Brian and Jippy hopefully. So, that would be what the June 21st. So, the 21st or the 28th. Mayune. Sorry. Sorry. Huh? Sorry. My Oops. Brian was in June. Wait a second. Are April 30th and May 7th out? Huh? Are we skipping past April 30th and May 7th for a reason or Well, April 30th, I'm not here. Okay. I mean, we could do May 7th. I'm not here. Okay. Okay. Oh, wait a minute. That's a Thursday. Yep. Yeah. I'll be I'll be flying back from Europe.

No, Jane, you can sit. You don't have to stand. What about the 13th? I still won't be here because we're leaving to drive down to move my daughter in the following week. The following week, we don't have Peter. I mean, Peter's Peter's gone for three weeks. Yeah. All right. So, I mean, if as long as the 21st, I'd say as as long as we have Jiffy and Can you ask them if they're Yeah, I I will be in Mexico on the 21st. Good for you. Yeah. Good for you. I I'll take you off, but I'm not available tonight either.

Um the 28th. Actually, the I'm not available the 21st either. We're putting our boat in the water. Sorry. Busy lives we all have. The funny thing Well, I have a lot going on this year. Um I just do. I'm sorry. Did we already rule out the 30th and the 7th? Is it those dates? The seventh is out. I think the 30th because we're trying to I think schedule this with it, too. I mean, we have the 28th. The seventh could be scheduled or the seventh. I could schedule this. Yeah. But I won't be here. Bill won't be here. That's it. How about What was wrong with the 30th of what? Katrina's not here. April, I'm not here. Okay. But may maybe we need to get somebody else to I can see if I could get Amber or somebody to cover the meeting that night.

Yeah, we may just have to do that. So, um today's the second, so the 9th. I'm also thinking about um Snow Road. All right. So, we're going to get a lot on the 9th, but I can see us wanting to meet again within a few weeks on Snow Road as well. So, we're going to have to jam that in somewhere. I I think we're going to have to try and do the 30th. Okay. I don't know. I mean, the 30th or the Oh, you're not here on the 7th. Oh, I'm not here the 30th. So, it's got to be in May.

We don't have Bill on the 7th. Yeah. And I'm on his case, so I really I should be here. Yep. Bill's got to be here. But Brian's on his case as well, so he should be here. Yeah. And by the way, is it just the 30th? Like the 29th? Uh, I could do the 29th. Um, I'll still be in Mexico. It's my wife's family, you know. We got to spend some time. Shane, you don't have to give up everything. Oh, I didn't even think of that. I That's a great name. Okay, Shane, when are you not available? You can sit. You don't You don't have to keep standing up.

One of those things. The mouth just doesn't work quite right. Not that it works well anyway, but um I am out of so the we're in May I believe. Um no, we're in April right now. Oh, we're in April. Okay. Um let's see. I am not available the 9th, which is next week. Yeah. Um do not believe I'm available the 16th. And you're not available the 23rd. 23rd. 30th is my birthday. And I can't think of any place I'd rather be than if I am I am but that doesn't work for too bad. Okay. So now we're into May. So 7th is out for bill.

Okay. I am available at 7th but that doesn't work. The 14th I will not be in Mexico but I'm not available. And then 21 and 28 I am out of the country. Oh dang. Right. It's like June maybe. No we we got it. No we can't go that far. Yeah. Oh, for because of this other case. Yeah, but just out of fairness to to everybody, we need to get it

the 22nd, Wednesday, the 22nd of April. Are you in Mexico then? No. Um, but that means we're having back-to-back meetings. Well, I mean, we have It's not like we haven't done it before, but because we have Wednesday the 22nd of April, I'm available. Yep. But we we're not going to get the new case in. So, we're going to be correcting just this one. Although, we could potentially do snow road do some snow road if need be. If need be. Yeah. So, what what about the sixth your way?

Yeah. And if we want to pick a date for this, then we know we have a definite date if we have to continue anybody. Yeah. Well, yeah. Do you know what I'm saying? I mean, we could bump this to May 21st, and that way we know we have a meeting scheduled that day. So, anything we have to continue, we continue it to that day. If I may, we can always continue a case again, but we can't back in time, right? We're going to do some entertainment for two nights in a row. Yeah, the seventh I can't I don't land until 7 o'clock. So, and you're going to be a mess anyway. There's no way.

Katrina, the new case came in today. So, it's 65 days from today. Yeah, that'd be uh June 6th. Yeah. So, we could feasibly do May 21st for the new one. For the new one. And then we know we have that date set for anything else we would have to continue. So I I think what I'm hearing is we'll do the 22nd for this. Okay. And and then we have it in our in our available for snow road as well. Correct. I think I don't I don't like that. Don't like what the backtoback and with the potential for only having one um case

and you can't come on the 23rd. No. Yeah, he can't. All right. Then we because if Snow Road needs more than two weeks for whatever you're right. You're right. We We do run that risk that the only thing we're here for on the 22nd is this case. this case absolutely at risk. Yep. Um all right. So then when we look at like 28 29 you're away. This is May we're talking April April. April I'll be here. So what would be all right? So again, and is that enough time to advertise?

So hold on. 5 6 7 8 9 10 11 12. It's got to be the 30th time. So the 30th is cuz that's the 14th day. The 29th is not if I put it in the graft of news. But if I put it in the telegram uh for the 16th then yes. See that's the problem. The grafted news doesn't come out till Friday. So that's my issue. Then put it in telegram. If if we can do like 28 29 and do this and the new case for the on the 29th. Yeah. Is everyone available on the 29th on a Wednesday? I'm available. I prefer the 28th. I am

Tuesday unavailable the 28th and it's select board might be in here. It's a Tuesday. Oh yeah. Which if the select board's here then school committ I can do the 29th or the 30th. What's wrong with the 30th? I'm not here. Oh wait a minute. Let's revisit that. I'm not here either. Oh that's Brian's not here. I knew it wasn't just me. Okay. 29th. Yeah, I can make that work. Where's Peter Adams? He should be around. Peter is here. Yeah, Peter doesn't leave till the middle of May.

It's through the 29th. You advertise in a telegram so we can do the new case on the 29th as well. And still, I mean, if if there's a a little something for Snow Road, we could in theory do something else, but we'll see, right? If I come in tomorrow morning, I can see if they can sneak it in for the 10th for the 10th edition. Yeah, that's fine. I'll have to reach out and see if I can. Right. I might try and do it tonight while I'm here. I'll write the proof because I do everything online. Yep. If it gives me the availability to to get it in, I'll let you um Right.

I'll let you know. So then it could be on the 29th. Then it could be on the 29th. Okay. But even if you can't do that, you can do it in the telegram. It just costs more money. Correct. All right. That's fine. Correct. I'm going for an override. It's just money. Great. Somebody's going to watch the recording now. So now we have a meeting at 8 on the 8th next week, right? So yeah. So next So we have a meeting on the 8th with just Snow Road. We have a meeting on the 23rd, which is case 9:22 and 9:23. And then we have a meeting on the 29th, the continuation of this one and this new case that just came in and and nothing in May, right? Not at the moment now.

Okay. All right. Can I add one thing? This has gone on now for a little while. So, I think to continue it, we need a agreement with the applicant and the board in writing um agreeing to extend the hearing to that date and then that has to be filed with the town clerk. Okay. Can you get me something in writing tomorrow? Tomorrow or Monday? Email. Is that okay? Oh, yeah. That's fine. Absolutely. I'll get it to you tomorrow. Yep. All right. So, what was what's the date we're

uh the 29th? All right. So, is there a motion to continue case 921 to April 29th at 7 p.m.? So, moved. Second. Mr. Reed, yes. Mr. Kuser, yes. Mr. Lavin, yes. Chairman votes, yes. 921's continue. Thank you all. Thank you. Thank you.

Now we can do Do we have minutes to do? Want to do minutes? We have minutes. There's not really much on the minutes. They were both continued. Um, so we can do them and get them done as well. I have some. Do we have I gave them to you? Yeah. Thank you. Sorry. It's okay. Don't worry.

Oh, so so February 22nd and no, February February 26th and March 19th. March 19th. Yeah. And basically both of them were continuations and no testimony was heard. And then on the 26th, we just reviewed all the previous meeting minutes. Yeah. So, So, which ones are we looking at? 220 uh February 26th and March 19th. I think I looked at these already. At least one of them.

Yeah, I had nothing on the 26th. Anyway,

the remaining on Snow Road on April 8th. Wednesday. Yes, next Wednesday. It would have been lonesome here on Thursday.

I've got nothing on uh either the one on these. Yeah, I looked them over, too. Do you want me to make motions or Sure. So, I move that we accept the uh meeting minutes of February 26, 2026 as submitted. Actually, hold on. the um Oh, sorry. I have a second. Yes. Uh Miss Reed, yes. Mr. McCusker, yes. Javin, yes. Chairman, yes. And then I move to accept the meeting minutes of Thursday, March 19th, 2026 as submitted. So there's on the second line,

okay, of the first motion, um, it says Wednesday, April 8th, space 19. Oh, yep. Okay. All right. So, I resend my motion. So, the 19th just needs to go away. Yep. Where is this? Right here. Just an extra date. Oh, okay. Yeah. All right. So then my motion becomes move we accept the meeting minutes of Thursday March 19th 2026 as amended. Second Miss Reed yes Mr. Yes. Yes. Chairman votes yes.

Okay. I need a motion to adjurnn. Oh I move that we adjourn. Second, Miss Reed. Yes, Mr. Costco. Yes. Yes. Chairman votes. Yes.