Zoning Board of Appeals - Regular Meeting

Thursday, April 23, 2026

The Grafton Zoning Board of Appeals granted a special permit and variance for a detached garage at 7 Milford Road, despite concerns about the property being in an OI district and the applicant creating their own hardship. The Board also granted a special permit and variance for a detached garage at 257 Worcester Street, citing the need to preserve a 120-year-old maple tree and its critical root system.

About this meeting

Government Body
Zoning Board of Appeals
Meeting Type
Zoning Board Of Appeals
Location
Grafton, MA
Meeting Date
April 23, 2026

Transcript

133 sections (from 865 segments)

0:10 – 1:57Speaker 1

7:04 p.m. This open meeting of the Grafton Zoning Board of Appeals is being conducted both remotely and in person, consistent with temporary provisions of the open meeting law, which extends remote meeting protocols through March 31st, 2027. This meeting's 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. All participation within this meeting will be visible to others. Please be aware that other people may be able to see you and you should take care not to screen share your computer. Anything that's broadcast may be captured by the recording of this meeting and be viewed at a later time. This meeting may feature public comment. For anyone that's attending virtually, if you'd like to ex like to request acknowledgement to speak, please use the raise hand feature in Zoom. The meeting administrator will enable you to speak when it's your turn. For those on the phone exclusively, the meeting administrator will enable you to speak. or anyone in person will ask you to step up to the podium. And all speakers, please state your name and address prior to your comments or questions. And each vote taken will be done by a roll call vote. Um, oh, I think we figured out that we may not have to actually do that. Um, so the first item on the agenda is 7 Milford Road.

2:12 – 2:47Speaker 1

So minutes here. We didn't hear any testimony. They We just went to a continuence. Um, no, but we did read the um Yes, the legal notices were record. Yeah. Yep. The meeting was open. Yes. Okay. All right. So, now that we can we have a full board, um, we can hear your case. So, we'll turn it over to you to uh present. Okay.

2:44 – 4:26Speaker 1

I'm Mandy Hicks. Um I am representing Mr. Monk. We are requesting a special permit for a single family dwelling in an OI district as a non-conforming use. We are also requesting a variance for the sideyard setback. The required sideyard setback in an OI zone is 35 ft off the lot line. We are seeking 6.1 ft of relief. The proposed garage will be located at the end of the existing driveway at the most feasible location. Hardships present as the lot shape is narrow and limits placement. The existing retaining wall and walkway prevents the garage from being attached directly to the existing home. Pushing the garage back to comply with the zoning bylaws will require more intense site work such as a driveway extension, extra fill, and landscaping. We also have submitted some letters of support from the surrounding neighbors on behalf of building the garage. We're open to any questions or comments. Thank you. All right. So, according to the zoning enforcement officer requires a variance and special permit.

4:23 – 4:54Speaker 1

Nope, we did not. curiosity, how did you decide that you need a special permit in a various? Um, so when we had submitted this, I we were talking with Katrina because it was in in the OI district to build the garage, we needed the special permit and then the variance for the side setback due to the OI zone.

4:55 – 5:35Speaker 1

Mr. Chair, um, I actually had a a question on that point as well in terms of whether or not the special permits needed. I think special permit would be required for the residential use. Um that's not allowed in the OI district, but we're not touching the house. Uh the applicant's not touching the house and a private garage as an accessory use is allowed by right um in the OI district. So, I wasn't sure if we would need it because the the primary use of the property obviously is res residential, but we're not actually touching the residence.

5:45 – 6:33Speaker 1

Right. So the good point um So, so it's three 3435 discreforming structures or uses maybe extended alter change. So I I think the feeling is that the residential use which is non-conforming is being extended by way of building the garage.

6:33 – 7:10Speaker 1

That's one argument. Here's the problem and you know it it almost doesn't matter for these folks but it kind of does. Our zoning enforcement officer now is no longer issuing determinations apparently unless they actually maybe apply for their appointment. You didn't apply for a building permit, right? No, not yet. Um, and I think Katrina, you you as the zoning board secretary probably need to stop saying they need this or they need that. Okay.

7:08 – 7:34Speaker 1

I I don't I don't know what the right answer is here. you know, I think we had I think we had some great customer service going and um you know, this idea that the zoning enforcement officer now won't issue a determination. So, so they're here for uh two things based on what you said. Who are you? Right? I mean, and I don't mean that in a negative way, but

7:31 – 8:07Speaker 1

right, you know, you're not the zoning enforcement officer. Um, and ultimately what could happen here is we give them the special permit and the variance they're asking for and they apply for the building permit and only enforcement officer comes along and says, "Oh, but you need that or you don't need this." You know what I mean? So, it's unfortunate. I I think they both I think they need both of what they're asking for. I think that you what you told them was right. Don't misunderstand what I'm saying. No, I understand. I mean, because we've done this in the past. That's what we've done for years,

8:05 – 8:42Speaker 1

right? Because we used to be only a special permit or a variance and then we had one case where it was both. So, we added the special permit variance type for that reason so we wouldn't have to make them reapply and go through all of that because of the greyness of what it was. But, but to the point though, Bob would follow up with the zoning determination. Correct. He would. And the current zoning enforcement officer is not going to do that apparently. Nope. Um, so you know, we're kind of on our own. Oh, no, we're not on our own. They're on our own.

8:40 – 9:24Speaker 1

But why why wouldn't the process be then that a building permit just has to be submitted as the first step? I think that's what um zoning enforcement officer is basically saying, which means they have to submit, wait the one to three weeks to get it denied, then apply and come before us versus looking at the application and knowing they've got to come before us when they do their site plan. It's a matter of customer service, you know, but it's that one to three weeks. They're going to have that when they submit the billing permit anyways, right? Correct.

9:23 – 10:00Speaker 1

They're going to get it today. But usually what what we what I what I tell them to do is if it's approved, get their application in because we have a 21-day appeal period. So there is a one, you know, anywhere from a 1 to 3 week time for them to review the application. So, by the time it's been reviewed and ready to be issued, they've got the certificate of no appeal. They have filed it with the registry of deeds. They give me the copy they filed. I I push it's been issued. I can give them the building permit basically on the same day. So, there's not that much of a lag.

9:56 – 10:47Speaker 1

But what about the rest of whatever needs to be submitted with the building permit? It's basic the only thing we don't get other we don't get the construction plans. It's the site plan. It's it's basically the same thing. We just don't have the construction detail plans. So basically they Tracy or Kevin would look at the site plan and immediately say you're encroaching on the side setback. You would have to go to ZBA. And it just depends how quick I mean right now there's not that much of a backlog. So, it could get looked at pretty quick and then they'd have to give me everything and then we I'd bring it to you guys or email you guys and let you know we have a case and then go from there and pick a date and then

10:44 – 11:11Speaker 1

I think that going forward I think that has to be the process. I think legally it doesn't though and that may be a little bit of a problem. We may want to encourage it but I think legally Anybody needs to apply? Yeah. I mean, legally, they can go stamp it in with the town clerk and I never look at it.

11:08 – 11:53Speaker 1

That's usually what some like the attorneys usually do. They go straight to the town clerk, stamp it in. Once it's stamped in, I've got to take it and I've got to process it and we have to have a hearing. And in in the interest of of trying to do the right thing for for the applicants and that you know Bob would look at it and and try to come up with a determination and that's what is not going to happen anymore. I guess I'm I'm just confused on why that's the case. Why? What? Because Tracy feel Tracy feels she should do the determination prior to determine that they come to us versus the way Bob had always done it.

11:53 – 12:37Speaker 1

Got it. So this is just say that again. She she what that it should she should write the determinate the determination is determining whether it's buildable or they have to come before us. Yeah. Okay. And that's what why she's not doing it. Yeah. If she was asked, would she do it? I would assume so. Oh, I don't know. I would assume so. Asked by the applicant. Probably. I mean, well, I I happen to know that Katrina wrote, you know, the determinations for for both of these cases and Tracy said no, she wasn't going to do it. She wasn't going to review them and sign them. She was not going to review them and sign

12:35 – 13:18Speaker 1

until we went through this. No. No. That it was should have been done first. Oh. Wait, that's government in its best form right there. Yeah. Oh, yeah. Applicant needs help and then government says no. And that's why I talk to everybody who submits. I say, "Come in, talk to me, and tell me what you want to do." Because I don't want them to submit something. Yeah. And have it be incomplete and then we have to continue it or we have to kick it out. So, I try to get it to where I'm like, "Please come in and talk to me so I can at least look and say, "Okay, you don't have this. I need this. Your site plan needs to have this. It's missing this. Just so they're not spinning their wheels and we're not spinning our wheels,

13:16 – 14:01Speaker 1

right? And and and to your point, I mean, what what did I just say? And by the way, I'm just me, right? But but I basically said, don't do all that good stuff, right? And that's crazy. And and you you you know, Peter, and maybe others, but you know, this building had a really bad reputation for years. Yes. Yes. the whole building and you know starting with Tim and continuing with Evan there's people have done a lot of work to to try and change that clean it up provide good customer service and that's what we were doing we meaning the building department and no no they're not of course this has nothing to do with you you just get to listen to it okay

13:59 – 14:43Speaker 1

we're as frustrated as you might be we're probably frustrated we're more frustrated I I I feel more comfortable. All right. To to the to the point that we're here for, you you you're six inches into the setback. I mean, six feet into the setback. Why Why can't you just move the garage over six feet? It looks like there's space there. So, in this area, he he has that walkway and patio. So, moving it over, he also has a retaining wall um on that side of the house. So pushing it over, it would actually approach on that. The retaining wall would have to come down pretty much move into it. Yeah.

14:41 – 15:13Speaker 1

Yeah. Or you couldn't access the backyard from the the left side of the house unless you walked all the way around the garage around the garage. And I don't from the pictures it looks like the topography from the top of your house where the retaining wall is is being used as holding up that um land because it looks like it was like from the pictures from what I saw it looked like your driveway was a bit lower than the retaining wall in the house. Yeah about a five foot difference.

15:13 – 15:57Speaker 1

Mr. Sure. Um I hear the concern about the the retaining wall. Where I get concerned is looking at the GIS uh of the site from spring 2020 spring 2024. Um it looks like the driveway wrapped around the back of the house and then the patio is new since spring 2024. That's correct. So, did we create this problem? Um, no. The I mean the retaining wall uh was the retaining wall. Yeah. That that that's been there the whole time. Yeah. Um

15:53 – 16:13Speaker 1

um we actually prematurely adjusted the driveway uh in preparation for the garage because the the driveway went all the way back around the house. Um uh at a certain point the land gets pretty graded. Yeah.

16:10 – 16:53Speaker 1

And um there's limited flat space which is you know where the patio is and extends maybe 50 feet out. Um so kind of to where the the the shed in the middle of the yard is. So that's like our primary backyard and it was mostly driveway. Um so we we had always wanted to change that driveway. But it sounds like so if and I don't want to make too many assumptions, but if the board decided that, you know, we couldn't grant the variance for the side setback, um it sounds like the choice was almost between the patio or using that spot as a potential location for the for the garage.

16:51 – 17:32Speaker 1

Yeah, it's you know, it's outdoor space or or build a garage in the middle of the backyard kind of. Well, so if if today was Friday, October 11th, 2024, and you you may not even be forced because you could probably put the garage over six feet in a relatively inconvenient spot. Yeah. So, so here's the problem. Um, variances in um, variances are intentionally very difficult to to get,

17:29 – 18:45Speaker 1

right? As I've been saying for years, what what you're really asking for is permission to to break the law for permission to ignore one of the zoning bylaws. And so, you know, it's intentionally set up to be very unique situations, very specific situations. that that provide that. And you know, one of the things that is supposed to be is something that's very um specific and unique about your lot. And yeah, I get it that it's narrow. Um that's not necessarily all that unique. Um it really stinks that you're in the OI, but here we are. You are. And that's the setback. Um, you know, I I I and and the reality is it seems like you probably actually could put the garage over. It's just not as convenient as you'd like it to be. So, it's not it's not like you can't even put the garage up. You can. It's just not as convenient as you'd like. So, I I'm I'm struggling a little bit with I I I wish I had a a better, you know, hardship or something unique that was forcing the garage over. Um,

18:44Speaker 1

you don't want the garage attached to the house.

18:47 – 19:47Speaker 1

There's not really a good place to attach it to the house. I couldn't attach it on obviously the right side. Um, because that's not where the driveway is. Um, and on the left side, again, it's it's like a five foot difference in height. Um, so it would the only way to attach it would be directly behind the house. Um, and that's uh essentially like our kitchen windows right there that overlooks the backyard. So it would just be looking at the top of a garage. Um, yeah. So realistically, where we're asking to put the garage is the only feasible spot that that I mean, I guess not the only feasible spot, but um it's it's the most realistic spot for, you know, the ideal area.

19:45 – 20:18Speaker 1

I'm I'm curious. I drove by it yesterday, I think it was, and um how many There's a side door of the house on the left. Yep. How many steps from the driveway up to the door? Six or eight? Uh, it's a it's a two um tiered stairs and 10 or 11. There's about six on the first leg and then I think four on the second. Oh,

20:21 – 21:02Speaker 1

so there is an elevation difference. That side door is our primary door. Um, do you want me to try to look it on Google map and see if I can get a better angle of it? Well, I was going to say, is there something newer than that? Not oblique wise. Um, if I go the newest oblique. Yeah, but if I go vertical oblique door that's So that's not Yeah, that's I can't get an oblique. Oh, I see what's throwing me off. It's the wall. That's why I didn't see the steps retaining wall. I can't. Yeah, that's the newest oblique we have. We don't get as updated obliques as normal as the other ones.

20:59 – 21:41Speaker 1

So, you're opposed on having a raised foundation. Raise your drive up way up a little bit. Raise your That way you you wouldn't have much of a walkway. I have this thing about when it's raining going from the garage outdoors then back in the house with with bags. Sure. I I that I mean that's my only and that's your prerogative. that's what you want to do. But, uh, it would just be a lot of additional pretty significant work um, landscaping wise and and everything. you're going to be digging anyway so it doesn't Few loads of gravel and a little more concrete but

21:53 – 22:33Speaker 1

they're both the same. There's or wait. Yeah, there's one that's OI. What's that little section on this? on the map that sort of looks like a little bit of a Okay, this little piece. It's like a little walkway if you look um Oh. Oh, that's like a sidewalk. Okay. That's not a wall. If I go to Okay. Yeah. See, it's like a little walkway right here. Okay. To go from they if like if they come down here and walk out on the patio. Oh, I see. Yeah. Yeah. Yeah. That is Now, behind the garage is a a number 145. Is that the width of the whole lot?

22:34 – 23:14Speaker 1

Yeah, I think so. I'm trying to figure out how much land land you have without a variance. So, you only got about 70 ft something like that that OI districts are unfair. Very unfair. We We put OI where there's residential houses and Mhm.

23:10 – 23:26Speaker 1

very unfair. If this was our 40, we wouldn't even be here. Nope. Nope.

23:29 – 23:57Speaker 1

Well, okay. Um, that's why in this district I never have too much of a problem. Uh, yeah. I talk myself into it, but I'm trying. You like to put reasons down. Anything. All right. Um, for the special permit, um, when was this bill? Why can't I read this card? 49.

24:01 – 24:44Speaker 1

When was it built? 1949. So that got a stone foundation. Oh, I'm sorry. Is a house got a stone foundation? No. No, it's poured concrete. Oh, wow. Really? Right now the current structure meets all of its requirements. It does has a 40 has 35 all day there. So the current use is a residential as a residence.

24:46Speaker 1

Um which is not allowed in the OI. No.

24:51 – 25:54Speaker 1

No. Um, so All right. So, that's the only makes it a non-conforming use. And then, um, it's a residence. Now, it's going to be a residence. Um, garages are are typically found in residences. There's no garage now, right? Nothing.

25:51 – 26:11Speaker 1

No, there is a garage door, but it's just to the basement. Just a big door. Thought you say there's a garage door standing in the yard somewhere with nothing attached to it. Just a door. Yes, it's definitely not a garage. Um, it's just a big door.

26:15 – 26:58Speaker 1

Katrina, are you able to pull up the zoning map? Our zoning map? Yeah. Yeah. Like I just want to see what the boundaries of the OI. I don't I don't know why this stretches OI. That's what I was wondering. There's no light there's like one industrial parcel across the street about a block down like But I think I think the whole all of Milford Road is Yeah, cuz where the condos are Well, the condos where that was 256 condos is in Oi. Yeah, it's most of Providence Road. Well, this is Milford Road. Yeah. And Milford Road,

26:58 – 27:43Speaker 1

so it's Oh, that's interesting. Well, it's only like three parcels down from Purple is OI. Yeah. And what's yellow? But go there down. This is industrial. This is OI. This is R 40. This is R20. And this is RMF. So if you go to the right. No, no, the other right? You mean the left? That way. Keep going. Yeah. Where are the condos? Right here. Uh per Well, that's No, that's the houses. The condos are right. No, that's the houses. That's the houses. Did we Did Was there a zoning change that got These are all condos.

27:42 – 28:25Speaker 1

No, those are those are houses. Oh, those are the houses. Oh, the condos are down here. That's the condos. Mhm. The condos are down here. What's that one block? R40. Wait a minute. Wait. But we don't do spot zoning. Look at that. Are you looking at Hills Farm Estates? Is that what that is? Is that Is that the farm? That could be. Yes, that's that one farm down the across from Kiski. That guy just died. He just passed away. Okay. Is this in the uh This isn't the WS water protection. No, it is not in the water supply protection overlay district. Oh, wait a minute. Yes, it is. Yep.

28:24 – 29:05Speaker 1

Is it really? Yeah. Look right there. Right there. And I think the calculations are on there cuz I think I had Mandy. I made her one thing that was missing. Yes, we did add all that. Yep. Yep. Calculations are on there. Yeah. All but one corner. The one front corner is not in O or water supply. Which corner? Right here. Right there. What What detail shows it's Wow. Really? Yeah. That one. Water supply protection district. The um blue dots. The little dots.

29:04 – 29:30Speaker 1

The blue dots is the water supply protection overlay district. See right there? Yeah. Oh, gotcha. Okay. I think the special permit, you know, like two years won't be a problem.

29:29 – 30:09Speaker 1

Hardship, they have a pond in the backyard. They can't put it way back there. in the the grading isn't favorable either. It do you know what the pitch is? Looks like it drops about 4 feet from Milford Road to like the end of the driveway. Um and it pretty much continues at about that pace further back. Correct. Yeah. So, how long is the driveway right now? It's about 60 or 65.

30:04 – 30:45Speaker 1

Yeah, I would say 75. I'd say maybe 70 feet. 70. So yeah, so it's dropping about 4 feet of elevation every 70 feet. So the um proposed garage is going to be 28.9 ft off the line. Is that correct? Yeah. 28.9 and then 28.9 and then in the back there and then in the back it's going to be 31 the back corner. 28.9.

30:42 – 31:52Speaker 1

Mhm. for anybody want to break out their calculator and just do the the calculations of how much the impervious is going to increase in the

31:50 – 32:57Speaker 1

OIP spreadsheet. Thank you. So it goes from 10.1 to 11.7

33:02 – 33:44Speaker 1

but the um WSPD is it's the percentage increase the increase in impervious is what it says. Yeah, hold on. It's 4237 and it goes up to 4853, right? Your You just want to know what that percentage of the Brian's getting. Okay. It's only going up 600 ft and we can give them what up to 50%. Yeah. So, I mean, we could give them 20 uh over 2100. Yeah. Oh, no. It's not even close. I just want to get the exact number right now. I think with the square footage is increasing. Yeah. Yeah. 616 going up.

33:54 – 34:29Speaker 1

So, you've got a patio back there right now. That's correct. Yeah. And if you move the if you move the garage over, besides a lot of extra dirt and digging, is it going to impact the patio? Uh it wouldn't impact the patio, but moving it over uh to be within the setbacks. Um we wouldn't have any passable area to get limit access to the back of the house. Yeah, we wouldn't be able to get the uh the retaining wall in the garage. It'd be like 4 in. That sounds important.

34:33 – 35:13Speaker 1

All right. So, um, do you want you see if there's anyone online or um, let me stop sharing. Nope, there's nobody on. Do you have 14.5 14.7 increase about 15%. I'm gonna go with Brian. 14.5%. 14.7. I got 14. Round it to 15. And that that encompasses both what I got and Brian got

35:17 – 35:40Speaker 1

I used the wrong denominator. 14.5. Nobody's online. Just want to ask if anyone in the audience wants to speak. No. All right. Um, so here here's what I have, folks. Um, for the special permit,

35:37 – 36:23Speaker 1

um, F1 is that the structure was built in 1949. F2 is the current use is a residence which is not allowed in the OI. So then based on F1 and F2, um, the house is a pre-existing non-conforming use. Then I go on to F3. Um, and it's kind of a repeat, but it's relevant. The current use is a residence with no proposed change. F4 is garages are typical in a residential neighborhood. F5 is the neighborhood consists primarily of residences. So then we get to

36:21 – 36:33Speaker 1

do we want to say the immediate neighborhood just there is light industrial I guess across the street up a little bit ways. Yeah, it's maybe a quarter mile up the road.

36:31 – 37:16Speaker 1

I'm fine with that. The immediate neighborhood because it's apparently So then based on F3 through F5 there is wait what are the words we normally have? this form doesn't have that normally. Um, basically there is I think there's no detriment. There is no detriment to the public something like that. We have we have words in all the other templates. I I'll miss more.

37:14 – 37:28Speaker 1

It's not more not more detrimental. is not more detrimental probably because that's the OI one and I don't think I have it on that one. I have it on all the other ones. Not more detrimental to the to the neighborhood.

37:28 – 38:12Speaker 1

So that's through5 and then um the lot is in the water protection water supply protection overlay district. The change will result in a 15% increase above what was existing on the site increase. Again, this is another thing that can be fixed on here. increase in impervious area above what was existing on the site as of the date of WSB. Um Steph no steps to safeguard Mr. Ver um just in terms of supporting that's not more detrimental. Do we want to reference the letters of support from the both abudding neighbors?

38:10 – 38:30Speaker 1

Yeah, I like that. That gets me an F4 and F6. So now I got to sneak an F6 in here. somewhere. F6. Was there one letter or two? I saw it was two. One from each a voting neighbor. They're both in support.

38:34 – 38:49Speaker 1

Are they both the butters that wrote? Mhm. Both sides. Sorry. Yep. One on each side. I like that. F. So that's F. So it becomes um F3 through F6. This is gonna be a mess. Figure out. I'll figure it out.

38:47 – 39:31Speaker 1

Um, all right. So, then we get to F7 is uh in the district and then F8 is 15% and so then based on seven to eight um the proposed change is within a 50% increase allowed and will not be more detrimental to the supply of groundwater. Oh, here's the one that's missing. Based on findings, the proposed addition is not detrimental to the neighborhood. This thing belongs way up here. All right, that's the findings for the special permit. Believe it or not, I think I have it all here. I'm sorry. I was just saying she's done a few of these, so she'll she'll figure out your handwriting. Yeah, but I I think fixing this up.

39:29 – 39:53Speaker 1

Yep. I will fix that one up. Sure. All right. So then for variance, finding one is a parcels located in OI zoning district. Finding two is the OI zone requires 35 foot sideyard setback and the proposed structure is located 28.9 ft off the side lot line. So I got those right. Right. Yeah.

39:51 – 40:35Speaker 1

And then I've got a finding three. The lot is a narrow lot for the OI zone which I don't think is a lie. Um F4 the OI zone requires 35 foot side significantly more than residential zones. Finding five. Building a garage 35 ft off the lot line will limit access to the rear yard. What about the same from the other one? Um the immediate resident the immediate neighborhood is primarily residential.

40:32 – 40:54Speaker 1

Sure. neighborhood. The neighborhood consists of whatever they're finding. Yeah.

40:58 – 41:41Speaker 1

That it would be allowed if it was residential and it's everything around it's residential. Yeah. to be based on findings F1 through F6. We find a hardship exists only to the unique conditions of the law. It's a heck of a stretch, but Oh, I don't know if anybody saw the uh health department comments. I think they were it must be a form letter she sends because I don't see why you if you have uh it says if town wa sewer and water is available to this parcel the applicant must tie in that's not a regulation in town for garage.

41:39 – 42:24Speaker 1

It sounded like they thought they were building a house. that Yeah, kind of. Yeah. Yeah. Do you have what do you have down here for sewer water? Uh yeah, we have town town and town water. Yep. Okay. Oh, that house is tied into town water. Yeah. Grafton water district. Oh, South Graffton. Yeah. The 370 Proidence Road. Uh they did that in 2014. Remove the septic and all that. Now all the houses up the street are grafting water street. Mhm. All the py py and the condos all graft and water district

42:23 – 43:07Speaker 1

because that came across from behind, didn't it? Yeah. Up Salbury Street. Yeah. Keith Hill to Salsbury Street. Um. All right. Is there any other comments or questions from the board? I move uh we close case uh close the public hearing for case number 922. Second. Uh Miss Reed, yes. Mr. McCusker, yes. Mr. Adams, yes. Mr. Mia, yes. Chairman votes yes. Mr. Chairman.

43:04 – 43:49Speaker 1

Mr. McCusker. I move that the zoning board of appeals grant to Jared Monk. Is that how you say Jared? Yep. Jared Monk of Seven Milford Road a special permit to allow the construction of a detached garage within the side within the within how do we normally say this? 6.1 feet in the side se the construction of a detached garage on a single family dwelling 6.1 ft from the sideyard set from the sideyard 6.1 ft. No it's not 6

43:47 – 44:32Speaker 1

within it's 6.1 ft into with into 6.1 ft into the sideyard setback. And then do we have a drawing here? Is that um Yep. So that that plot plan could be exhibit one. You're comfortable with the numbers and everything on that plot plan? Yes. And so we'll make that for exhibit A. Yeah. So it's really pretty simple. This stuff all goes away. Oh my god. I staple things really well, man. Okay.

44:30 – 45:14Speaker 1

So, it's a gr the Grafton zoning Grafton Zoning Board of Appeals grants a special permit to Grafton. Oh my god. I move that the Grafton Zoning Board of Appeals grant to Jared Monk of 7 Milford Road a special permit to allow the construction of a detached garage on a single family dwelling 6.1 ft into the sideyard setback per exhibit A. Second. Miss Reed. Yes. Mr. McCusker. Yes. Mr. Adams. Yes. Mia. Yes. Chairman votes. Yes. Mr. Chairman. Mr. I move the same motion replacing special permit with variance. Second.

45:12 – 45:57Speaker 1

Is that right? Yeah. Yes. It would be the same thing just variance instead. Right. Yeah. Okay. Yes. Mr. McCusker. Yes. Mr. Adams. Yes. Mr. Mia. Yes. Chairman. Yes. So the variance and the special permit are granted. We appreciate your time. Thank you so much. Because this becomes part of the decision. I hope it passes the bill. I have 14 days to decision and get them. If anything, we gave them more than they might need. Yeah. If anything, there's nothing more we could have given them. So they can review it and then we can Well, the problem is if she comes back, we'll mail you guys or mail you a copy. Perfect. Okay. It's actually 6.2 ft into the sideyard set back. So, thank you guys. Thank you. Good night. Thank you.

45:56 – 46:35Speaker 1

Yeah. Is this good night? You too. Thank you. The problem is if she comes back and says it's something else, that's more like a survey issue then. Yeah, what it still we need. Yeah, they can move it a little bit to All right. So, the next case is 257 Worcester Street. another detail. They both gave it back to back and I was like, "Oh dear." I know.

46:42 – 48:11Speaker 1

All right. So, this is the same posture you we read the legal notice. No testimony was heard. So, we'll turn it over to you. My name is Cynthia Thirstston. I live at 257 Worcester Street. Um I am requesting a 20 foot relief from the front setback and an 8oot relief from the side setback to build a uh detached garage. Uh the requested variance is necessary due to the unique physical environmental constraints of the property. the lot's topography, existing natural features, and established drainage patterns create conditions where the strict compliance would result in substantial environmental disturbance and structural risk. So, in the center of my yard, I have um a maple tree that is over 100 years old. Um there is an attached letter from an arborist that we had look at the tree uh to make recommendations u because we originally had talked about putting the garage next to the house and doing attached and our excavator had said if you dig anywhere near the tree you're going to kill it. So that's why we hired the arborist to come in and and make recommendations as to how far out we can dig in the yard without significantly damaging that tree. Um, if you look at some of the pictures uh that I submitted, you can see it's the pictures that are labeled.

48:09 – 48:24Speaker 1

I only put one set in because they were pretty much the same. So, I put the ones with the the huge description on that. Okay. Okay. Perfect. Because they were both the same. One didn't have a description, the other did. I didn't know which one I was supposed to send in. So, the one with the description.

48:22 – 50:22Speaker 1

The ones with the description. It could make it easier for them. So, if you look at pictures 3 through six, um it shows a picture of the tree uh that is on a very large slope. There's probably about a 4ft difference between the top half of the yard and the back half of the yard. Um so, I have a retaining wall and it stops at the tree and then the tree um and the slope continue to my abuing neighbor's garage. Um and the recommendation from the arborist, if we dig within the critical root zone of anywhere between uh 40 and 45 feet, we risk damaging or killing the tree. Um we lose that tree, we lose the support and the stabilization of that slope. Uh not only for my backyard, but my neighbor's driveway and her garage as well. Uh, I have I submitted um I had my uh reference letter from my neighbor that's abudding that property. Um, she approves it. She approved where it's going. She initials the plot plan. She knows what the design is going to look like. Um, and she's full on board with it. Um, so we tried I sent in some pictures. So what I did was I tried to show if you look at the pictures one and two. Um, picture one shows where, uh, if you look at the cones, that's where the requested setbacks are. Um, so we're still pretty far back off the line. There's a large row of hedges. Creates a good amount of privacy in the yard. You won't really see too much of the the garage. Uh, picture number two shows where uh, the required setbacks are. And you can see the cones that are located on the right are really close to the major roots of the the tree. A maple tree has very shallow roots. They don't go too deep. So any digging on the top of the you know any excavation is is going to

50:18 – 52:18Speaker 1

significantly damage that tree. Um the other um the other hardship that we have is the existing driveway. Excuse me. The driveway uh currently slopes away from the foundation. We have a stone foundation. Uh we did the driveway probably about 10 or 11 years ago. Uh we redid it because the older driveway was putting water into the foundation. We were actually getting water in the basement. That's why we had the the driveway redone. Um and I had it redone before I met him and I needed a garage and now we need a garage. Um so in order to put the if you look at the plot plan um where it shows the garage with the required setback the garage the driveway for the garage going into the garage door would have to be raised and sloped down and it descends so many feet. Um and when it meets the regular driveway it doesn't it's going to create kind of a weird slope. it's actually going to kick the water back towards the house. Um, right now there's just it creates just a natural flow. It comes down the driveway, it goes down the backyard, and down the hill by the tree is how the flow of water goes from the front yard. Um, so anywhere from the front right corner of um the house is where the water starts to flow that way in the driveway and then the other part of the driveway where the Lshape is flows down towards the street. Uh, so if we put the garage there, we'd have to have change the pitch of the driveway and the slope and make the the driveway the water flow out to the street instead of naturally flowing in the yard. Um, let's see what else. So, so I guess so my hardship is I have the tree and the retaining wall. If I lose

52:15 – 54:12Speaker 1

the tree, I lose that slope. Um, and I lose the stabilization for the top half of my yard. Um, if I damage those roots, we could lose the slope, but also damaging the tree. It's a very, very large tree. And even if we don't kill it and we weaken it, we risk having some of the tree fall down or large branches fall. and it's close enough that it will land on my house and it will land on my neighbor's house depending on the direction that it wants to go in. Um so we'd really like to, you know, avoid I love that tree. It's absolutely beautiful in the fall and um you know, right now we're in springtime. We get all the birds in the tree and it's beautiful. So I don't I mean we had the option of putting the next to the house, but we would have had to have killed the tree and we don't want to have to kill the tree. It was It's been there longer than the house. The house is was built in 1931. Um, so that tree has been there long before the house. So I'd hate to I hate to actually lose it. Um, so that's the hardship, the runoff, the extra runoff water into the street, the losing of the slope uh from erosion if the tree would die. Um so uh and then number two uh the condition is the topography constraint and the location of a mature tree are unique to my property. Um granting the requested relief does not alter the character of the neighborhood or affect other properties in the zoning district. Um it does not infringe upon any of my neighbors. I have written recommendation from my neighbor. Um it does not interfere with the sight um sight line down the street and it doesn't um everybody can still pull in and out of their driveways. They're not going to see anything. We do have we're across from Wyman Gordon so it's all industry

54:10 – 55:45Speaker 1

on the other side. Um does not increase traffic. Uh and we do have a very large row of hedges um that will kind of block the garage. It's not going to stick out in the middle of the street like a sore thumb. It's going to be tucked away. If you look at some of the pictures um from the street view, we actually have a pontoon boat behind the the trees, behind the bushes. You can't even see it. I mean, I know the garage will be taller and you'll be able to see the the top portion, but it'll be tucked away. Um so as far as degradation from excuse me dergation from the uh intent of the bylaw um we're still we're I mean I know we're we want to change the setback but we're not requesting one ft or zero feet. We're looking for you know 10 feet off of the the front lot line. Um it still protects the neighbor the neighboring um the car the neighborhood characteristics. Um and it saves the environmental stability. Um it preserves the natural topography. Uh maintains the visual and spatial intent of the setback and it keeps the additional storm water from running off into the street. Um and it says variance requested is the minimum uh necessary to allow for reasonable use of the property while upholding the bylaw's purpose. The did the arborist give you an age of the tree?

55:43 – 56:10Speaker 1

Uh, yep. It says in the letter it is anywhere between 100 and 120 years old. Uh, it's at the end of the first paragraph with an approximate age of the tree is around 120 and 120 years of age. I appreciate the pictures with the um cones.

56:08 – 56:43Speaker 1

Oh, yeah. I was like, you know, it's so much easier to have a visual to, you know, to see what you're talking about to I mean, I know we have the plot plans. Um, but it's better to see the yard. And I mean it's, you know, we tried to measure as we're not, you know, the excavator or whoever is going to come out and do it will be more, you know, more precise, but we did the best we could. Any comments for questions? Sure.

56:39 – 57:17Speaker 1

Um, I guess just taking one um requested variance at a time, the side setback. Um, I know, you know, obviously have the letter of support from that neighbor. Um, but looking at the the plan that shows the the diameter from the tree and and kind of the trouble zone, if you will, um, it looks like we could meet the side setback without so if we pushed it in another 8t or so without reaching it'd be kind of right at the edge of the 45 foot

57:13 – 57:37Speaker 1

diameter. Um, is there a reason we can't meet the side setback? Um, we chose that setback because it it gives the least amount of wasted space. So, more I mean more preference than

57:35 – 58:25Speaker 1

Well, it it aligns the garage with the driveway. So if you look at um there's a picture so picture number eight um it shows the L-shape of the driveway. So that is more elevated than the rest of the driveway. So it would meet the foundation of the garage. Um so it require less excavation to have it meet there. you know, the the idea that it minimizes wasted space, whatever. I mean, the bottom line is the bylaw says you can't put stuff 15 feet off the property line. So,

58:22 – 58:57Speaker 1

Right. Right. I understand. You know, your your wasted space is the bylaws buffer that still exist. Um, so that still puts me even further into the critical root zone for the tree if you push it in another 7 ft. Yeah, it looks like and that's I think Mr. Lavin's point was it looks like you're right on the edge

58:53 – 59:31Speaker 1

right at the edge of 45 ft. So, I guess my thinking is, you know, it's it's going to be a stretch to to grant the variances like the last one was. Stretch is probably putting it mildly. Um, but, you know, I'd be comfortable sinking my teeth into the whole tree issue and documenting that. But before we get to the variance, is there any reason for the special permit?

59:31 – 1:00:12Speaker 1

If you guys didn't want to do the variance, it was another one of those where I didn't I so I don't see any reason for the special permit. Yeah, that's which is fine. We we don't have to. I because like I said, we got into that one situation on that one case and I just didn't want to Yeah, it's nonconforming in terms of total law area, right? It is a pre-existing n 156. Yeah, it's less than instead of 20,000. All right, there you go. I wondered that too. So that does that. So that's the reason that puts us in special permit. I knew there was a reason. It's been a long day. I I didn't catch.

1:00:10 – 1:00:46Speaker 1

Oh, it's right there. Right in front of me, too. All right. Well, it's in a small print, too. All right. So, where's the card? When was this built? 19 30 31 31 Yeah. So, how far is that garage going to be from your door? Your side door. You heard my whole before the tunnel. That's not It's not a big deal for us. That's You know, you're not getting any younger. I'm not

1:00:44 – 1:01:24Speaker 1

No, I know. You know, I've actually worse as you get older. I I've moved several times and I've had a few houses that have not had any garages. So, um not having it attached to the house is is not going to be not going to be a big deal. Peter, I love that that that you're worried about really important. You you would think that he has a garage that's not attached and yours is attached. Is there not a door between a garage and a house you have to go outside? No, it is. Yeah. My mother-in-law is it. Well, when it snows, I park my plow in the arena and I have to walk all the way down.

1:01:21 – 1:02:02Speaker 1

Um, I appreciate the letter and I appreciate the fact that you want to save this tree, but in all reality, everywhere there's sewer in this town, they're digging by trees that are 10 feet away and they don't all die. Some maybe do, but but but we don't know. No, I I realize I mean it's it's an it's an old tree. It's it's not like it's a you know a 10 or a 20 year old tree. This is 120 year old tree. My house isn't even a 100red years old yet. Sugar maples scare me. But they like fall apart once in a while.

1:01:59 – 1:02:44Speaker 1

Well, that's what my my excavator, you know, he came out and, you know, he took a look at it and he said he said the the maple trees tend to be really finicky. He said he's dug near them before and they just they die. Um, you know, so he said if you want to build it near the house, he's like you can, but you're going to lose the tree. So then that's why we started talking about other places in the front yard to um, you know, to put the garage. Well, and if you take that chance, like she said, of moving a little bit closer, if it does start to die, they could lose branches and it could fall on their house, their neighbor's house. So either you they're saying either we should put it where they're requesting or take the tree down instead of get like seeing if the tree dies or not.

1:02:43 – 1:03:26Speaker 1

Yeah. I don't want to take the chance and see if I mean that's a lawsuit waiting to happen. I mean it's if you look at the aerial view of the the tree of the the property. I mean it's it's it's a very I mean it has a 50 foot span and you know it's very close to my neighbor's garage and her house. Um, if that comes down, it's it's either going to hit her house or it's going to hit my house. Um, it won't reach the neighbor behind me, but it will damage her her property in the backyard. There's some beautiful arborites there, too, that you know belong to her. I'd hate to see get crushed cuz they'll never get that big again. Her neighbor's garage is actually on her property.

1:03:25 – 1:03:54Speaker 1

That's really right. The letter is from your immediate neighbor. Yes. Yeah. Yep. Which which side? uh on the right side. The one that has the garage pretty much right on the property line. I have to say it's right on your property line. It looks like it's in your property. It it's it's probably only about six inches off of the property line. Yeah. But from the survey, it looks like So, as you're standing looking at the house, it's on the left. It's right next to where the garage is going to be.

1:03:52 – 1:04:37Speaker 1

Yes. If if we put it where the required setback is, it would be really close to where her garage is. And you're town water town sewer. I am town water on town sewer. Yes. Here's the sewer line right down the middle of our driveway. And there's really no other place in the in the lot to put it. I mean, we could put it on the other side of the house in the front, but we'd be looking at the same setbacks. Um, and then the backyard is I mean we've got that slope. It's it's a 5ft drop. You couldn't put anything there if you tried.

1:04:42 – 1:05:22Speaker 1

Do we have a copy of that? Yeah. Yeah. Oh, the second it should be the second one that's in there. Copy of this. They're loose. This one with the tree one. I submitted two. I submitted one showing where we wanted to put the garage. It was paper on the back. It shows the tree on the on the lot on the survey. Yeah. Right here. Oh, this one. Oh, the middle of the garage. He I mean, he's definitely going to be digging in the roots. Oh, wow. I was expecting

1:05:19 – 1:05:50Speaker 1

that's why we Trump wanted to put it where we you know he we asked him he said it's anywhere between 60 and 65 ft critical root zone. Okay now I now I see it. Oh is this so we wanted to try to stay out of that root zone two of these for some reason and somebody else didn't. There's two of them Alex there's two of them. I did I did two one showing the required setbacks and one showing the requested setbacks. That's so you could see the difference.

1:05:58 – 1:06:32Speaker 1

Do you have the other one? This one. I'll use this one as the exhibit. I will say I I really like the shrubs. It really helps. But there's no structures even remotely this close to to Wester Street in your neck of the woods. We can always be the first. Yeah, we can always be the first. But the shrubs really do help kind of break it up.

1:06:29 – 1:07:16Speaker 1

I mean, and we have it's Wyman Gordon parking lot across from us. We're not going to obstruct anyone's views from looking across or, you know, or anything like that. Um, there's the shrubs in the front. We have some big facy plants, you know, on the side. So, it will be covered. We're not putting any there won't be any windows on the um the street side or the neighbor's side of the garage. We're only going to put windows on the front facing our property for privacy wise. Um, it's res going to be residential looking. It's not going to look it's not a metal shed. It's going to be um you know, it's going to have vinyl siding is going to be the same color as the house. Um it'll look like it's it'll look like it's been there forever.

1:07:14 – 1:07:38Speaker 1

How how far can you tell with that? How far from the curbing to the garage to the proposed garage? So like from I mean it's 10 10 pavement. Yeah. Well, yeah. Edge of pavement. That would be the curb in there. So 10 ft plus

1:07:34 – 1:08:15Speaker 1

so the 10 ft to the um 10 ft to the lot line and I think there's another 4t of grass then the sidewalk then the street. Uh and the street is I guess it's a wider street. It's 66 feet wide. Um so it's still big enough that you can make it four lanes and still have a bike lane and a sidewalk. No, I'm I'm What my point might be is if you're not there someday and somebody cuts down all those that the shrubs. It's still pretty far back from the street. It's about 12 ft from We used to blow windows on up and plowing. So, oo the houses. There won't be any windows on that side. No, but

1:08:14 – 1:08:58Speaker 1

I know I understand what you're saying. I understand what you're saying. But that's why we're not going to put any windows on the street side. There won't be any windows on the back side. Um, but I I still I believe, you know, having it 10 feet off and then there's still so many feet of grass, so many feet of sidewalk. I mean, these I'm thinking of was was still closer, but yeah, it's about according to the GIS, it's about 12 feet from the edge of the pavement to the property line. So, this about 22 feet from the edge of pavement. Yeah. No, the shrubs do hide everything because I drove by there twice and I you when you stop in front of the house you guys were going to pull in the driveway even today with no leaves on them. You can't see through them. So

1:08:56 – 1:09:33Speaker 1

that's why I I love them. I mean and there's no killing those cuz we've actually hacked them down to nothing before and they've grown right up and they're thicker than ever. So um I'm not worried about not worried about those hedges going anywhere. Right where the car is. Yeah. on the left side. All right. So, um, for findings, the special permit, I've got, uh, F1, structures built in 1932. F2, the parcels 31. 1931. Mhm. Yeah. Yep.

1:09:31 – 1:10:08Speaker 1

F2, the parcels located in the R20 zoning district. F3 R20 zone requires a 20,000 square foot lot. F4, the lot is 15,600 square feet. Based on findings F1 through F4, the current structure is a pre-existing non-conforming structure. F5, the current use is a residence. F6, the neighborhood consists of primarily residences except for that big honking factory cross. Well, but that's not that's not our 20 either. So that's true. No, that's that's induction. Are you sure in this town?

1:10:06 – 1:11:51Speaker 1

Oh, yeah. Um F7, a garage is typical in a residential neighborhood. F8, a letter in favor was received from neighbor closest to the garage. Um so that would be I think uh anybody else any other things that make it not detrimental. So then based on F5 through F8, the proposed addition is not more detrimental to the neighborhood and the lot is not within the water supply protection. So that would be the special permit findings as far as the variance goes and really stretching our imaginations here. F1, the parcel is located in R20 zoning district. F2, the R20 zone requires 30 foot front yard setback and the structure is located 10 ft off the front yard setback. The wording isn't quite right. We're not going to worry about it right now. The R20 zone requires a 15 foot sideyard setback in the structure located seven feet off the side lot line. Um okay. Yeah. And uh finding number four would be 120 year old maple tree with 50 foot crown has critical root system 45 to 50 feet from trunk that cannot be disturbed without risk of killing the tree. F5. The root system of the tree is important to the stability of the land in the yard. Any other findings? If not, we would get to say something like uh based on findings F1 through five, we find a hardship exists only till the unique conditions. Do

1:11:50 – 1:12:24Speaker 1

do we want to say something about how that tree is critical to maintaining the I don't know how to describe it. The slope in the backyard. That's what I was trying to say with less like the structural. Yeah. I mean, if that tree went and the support for that topography went away, I'd have significant concerns about the house. And what about water runoff, too? That's That's Yeah, I mean, that's what I'm trying to say. Water runoff. And I um the wa So, the water from the the front yard. Oh, I'm sorry. Excuse me. I'm sorry.

1:12:21 – 1:12:48Speaker 1

So, well, I want to address Mr. McGav's point first. And that's what I was trying to do with F5. So I just change F5 to say the root system of the tree is important to the stability to the stability of the topography in the yard and potentially and potentially supporting the structure. I mean I think that like if that mound wasn't there like that mound goes straight to your foundation. Yeah. Um

1:12:46 – 1:13:31Speaker 1

and my and my neighbor's garage that if you look at the tree, you've got the tree, you've got the bound and then the slope and she's less than 40T from the tree. So, if that's got the root system that goes all around and we kill the tree, we're going to lose whatever is on the side of her garage as well. Um, and that slope. So, in the bottom, the back half of her driveway where the garage is, the water flows from her driveway down the slope and down, you know, basically around her garage and into the backyard. Um, we lose that slope and she loses the stability for her garage and her driveway. So the root system of the tree is important to the stability of the topography of the in the yard and support of the existing home.

1:13:30 – 1:13:54Speaker 1

Yeah. Thank you. Existing structures. Existing structures. It would be my home in my neighbor's garage. So as far as the the water flow, I'm not sure that that really factored into Well, So

1:13:57 – 1:14:41Speaker 1

for the looking at that picture, I mean it just looks so flat. That's why I'm not understanding what it looks so flat. So if you look at the picture uh picture number nine. So I had my husband stand in the driveway and he actually poured water down the uh the siding so it wasn't just splashed out. So, it dribbled down the house and you can see that the water flowed from the front corner of the house down towards the back where the shed is and it goes down the yard and around the tree. If you look at one of the tree pictures, you can actually see um and how so how does that affect where you're putting the garage?

1:14:37 – 1:15:20Speaker 1

Because when you put the garage in, there's not enough distance from the garage door to where it has to meet the driveway. we'd have to regrade the garage the driveway uh to change the storm water flow so it doesn't come kick back towards the house if you put it where the setback was required. If we put it where the setback is required. If we put it where we're requesting the driveway already slopes in that direction and it flows out to the street. We wouldn't need to change any water flow. The it would still continue down the back half of the driveway and go out where it normally does. Um and it would wouldn't affect my neighbor. hers would still flow and go down the hill.

1:15:17 – 1:16:01Speaker 1

Um, but I don't know. I don't know that that's it feels like it's making the same case as the tree. So, without speaking for any of the positions of the board, I think if if the board's already comfortable with a decision based on in, you know, potentially hurting the tree. I think this just makes the same case that it can't go where the setbacks would require it to go, right? I didn't know if I more than one I figured more than one reason would be helpful additional effort to reroute the water wouldn't not even really hardship level probably you know

1:15:59 – 1:16:44Speaker 1

well I mean if you look to where you put it in the required setback now you need to make the garage meet the existing driveway so now there's even more excavation needed in the critical root zone Yeah, I don't think it'd be excavating like the previous folks had right now. They didn't even there as Peter kind of pointed out wasn't a whole lot. Well, I think we just go with what we got here stretch. Um, do you want to just check for anybody online? Nobody's online. Uh, Mr. Mr. Chairman, Mr. McCusker,

1:16:42 – 1:17:24Speaker 1

I move that we close the public hearing for case number 923. Second, Miss Reed. Yes. Mr. McCusker, yes. Mr. Adam, yes. Mr. Mia, yes. Chairman Woods. Yes. Get my thoughts together first. So, Cynthia Thirsten, that's you. Yes. You're the owner. Yes. This one actually just do as we have it.

1:17:22 – 1:18:05Speaker 1

Yep, I have it. I'll have it. So then uh I move that the board of appeals grant to Cynthia Thirsten of 257 Worcester Street a special permit to allow construction of a 24x 28 foot garage within the front and side setback as depicted in exhibit A. So that was a special permit and the variance is going to be the same thing. We've got the findings that we've already talked about. This is where someone says second. Second. So that's the motion on the special permit special. All right. M Reed. Yes. Mr. McCusker. Yes. Mr. Adams. Yes. Mr. Mia.

1:18:05 – 1:18:49Speaker 1

Yes. Chairman votes yes. Then Mr. Chairman I make the same motion except replacing special permit with variance. Mr. Chairman. Um I didn't think it mattered with the the special permit but um the motion was just within the side setbacks. Do we need to get more specific with feet? Um, well, that's why or is it just per the exhibit? That's why I did per exhibit. Okay. Oh, I'm second. We sometimes do. Maybe I'm being lazy. So, I seconded his motion. All right. M Reed. Yes. Mr. McCusker. Yes. Mr. Adams? Yes. Mr. Mia? Yes.

1:18:47 – 1:19:26Speaker 1

Yes. variance and the special permit to grant it. All right. So, I need to sign this. So, I have 14 days to get the decision written and typed up and get them in to sign it. After that, there's 21 days period. After that 21 days, give us a feel on the decision. File it with the district county registry of deeds, bring it back to me, and then you can get your So, I would submit everything for your building permit while all of that is going on. Okay? So then if they need any additional information when the appeal period is done, we can just flip-flop. You give me that, we can give you the building permit card. Okay. So I just basically go do my

1:19:24 – 1:20:08Speaker 1

Yep. I will send you a copy of the decision once it's filed and it's signed and then you'll get a a letter that outlines what you need to do with the town clerk to get the certificate and then appeal. Okay. Okay. All right. And if you have any questions, you know, you can always call me. Okay. Great. Thank you. Thank you very much. Thank you. Good luck. Thank you. Save that tree. I love the tree. You got to come by in the fall when it turns bright orange. It's gorgeous. Thank you everyone. Mr. Chair, if I might, I just want to say I don't know what your background is, but you did a really good job. Yeah. But for for for a homeowner presenting for themselves, I've only been on the board for about a year and a half. Um, by far one of the best presentations from somebody representing themselves.

1:20:07 – 1:20:52Speaker 1

You did. I was thinking the same thing. Before I can c Can I ask what uh how how you came so prepared? Do you have a background in this or uh I've actually been in construction for about 25 years now. I I'm office manager. I'm not in the field, but I help pull the permits. I work with the subs, you know, so I you know, I get a little bit of little bit of everything. And I, you know, I've got people that have my back when when I need help or I have questions. So, I think you got help on my own. I I didn't want I actually wanted to do this on my own. I didn't want to to to have my um have my boss help me. I really wanted to This is a something I wanted to do for a while.

1:20:51 – 1:21:20Speaker 1

Good job. Great job. I've seen a few more cases than and others on the board and I can tell you not only did you do one of the best jobs for somebody representing themselves, you did a better job than some attorney. Exactly. I will say that. Yeah. Peter, you know, Peter's been born a long time, too. And and we've had some attorneys who have come through. Yeah. That did not do as good a job. Well, thank you. Thank you. I appreciate that very much. So, our meetings are recorded. Feel free to play this.

1:21:23 – 1:22:03Speaker 1

Family. Yeah. Thank you so much. You're welcome. Good night. Good night. Good. It's funny. I was thinking the same thing and you said it. All right. So, minutes minutes. So, from the April 2nd meeting. So, Mr. Chair, I wonder if we should hold off on April 2nd. Did you get the email I sent this afternoon? I had already left. Okay. So, um I believe the minutes are currently missing the third case that we continued that night.

1:22:01 – 1:22:23Speaker 1

Oh, yeah. I forgot. 60 Worcester Street or 60 Waterville. All right, I'll fix them. I don't know how I did that, but Good job, Bryant. Catch. All right. So, April 8th. So, are we going to skip those? We can table all of them if you want. It's up to you guys.

1:22:21 – 1:23:05Speaker 1

We can do April 8th. May as well get it over with. The first bullet under off-site discretion. Yeah. What's TSS? There's a reference to the housing trust. I think we want to refer to the Grafton Housing Authority.

1:23:06 – 1:23:51Speaker 1

Is is that the fourth bullet? The affordable housing trust. The first bullet is housing trust and then Yeah. I wasn't sure what aht if that was affordable housing trust. So, but it's the housing trust. Housing authority. Housing authority. Yeah. Oh, I see the one that Brian's got now. Okay. So housing trust should be housing authority in the first bullet and it should be the same in the second should be graft and housing authority right? Yeah. Yeah. So the second bullet it should still it should be grafted in housing. Oh second thought sorry under offsite. Yep. Um I think it should say applicant requests the type

1:23:49 – 1:24:01Speaker 1

applicant requested that we did not agree to do that. So yeah, the second bullet probably should start off with applicant requested to tie the building permit. Yeah. Okay.

1:24:06 – 1:24:46Speaker 1

And then same thing that was their the third one bullet point too. Yeah. Okay. That was their argument. You may want to say, you know, the I don't know. Do we want to say the board? Um, well, we down below discussion of open. Oh, yeah. Okay. Y I guess I'm trying to understand what the fourth bullet is actually saying.

1:24:44 – 1:25:28Speaker 1

There was a discussion towards the end of a MEPA review. I don't know why that three is there. That's a typo. No, the fourth bullet under offsite discussion. Aht- Snow Road reached out to town council. So, it's not it's not even the trust. It was the developer reached out to town council regarding the applicant, however we Oh, okay. Yeah. reached out to town council regarding wording and getting on the warrant. Tell me it's not town warrants. It's on the warrant. So I think that ah- snow road should be replaced with the applicant or

1:25:24 – 1:26:07Speaker 1

whatever we refer to then under open issues the second bullet grade of snow road zero lesser grade I'll look back on the minutes of that there was probably supposed to be a dash I think so yeah something like that because we were asking about cuz Jeff had come up with that lesser graded drawing, right? I think I was supposed to put a dash there. It's right next to the zebra. It is. And then I I I think that sidewalk bullet probably should be moved out to the same level as the other bullets. I don't I don't know why that's a sub bullet.

1:26:04 – 1:26:48Speaker 1

Okay. Let me I'll make a motion to accept the meeting minutes of April 8th as amended. One other one right in the middle. It said down from originally proposing 300 units. Did we ever get a plan with 300 units?

1:26:46 – 1:27:28Speaker 1

They originally came to the town with 300. So they when they no but so that was what the discussion was was they went to the select board first with 300 then it was 280 something and then through our discussion it's down to 200 or whatever the number is now. Yeah. That was a total project history. Yeah. So I that you guys were discussing that so I kind of put all that in just so to have that in there. And I swear on the back when we extended meeting past the 10 p.m. deadline I said no. But I guess No, you you were asleep. You didn't even vote. I think I don't even think I said anything at that point.

1:27:26 – 1:28:07Speaker 1

No, you weren't voting by roll call, so no one know. I think I think Bill was just like everyone said yes. All in favor of the minutes. Yes. Yeah. Second. Yes. Um, sorry. Was that actually a vote? Well, actually a motion. Yes. Bill motion K. Second to accept the minutes as amended. Roll call. Miss Reed. Yes. Mr. McCusker. Yes. Mr. Mr. Adams. Yes. Mr. Mahia. Yes. Chairman. Yes.

1:28:03 – 1:28:48Speaker 1

Um, we need to have Fisherville come before us. They there's a big issue with the mailboxes in the post office. He only had one on the plan. He didn't put it where it was supposed to be. He put it where he wanted to be. So now he's got to put two mailboxes in. But since it wasn't on the original plan, he's got to come back. I'd like I'd like to ask him when he's ever going to put in street lights up there. Yeah. He's got these little slow solar things. I mean, I got them at my barn, but uh this is a road. Which one's Fisherville? Was that behind St. James Church? That one's been going up for 15 years when I first started. Really?

1:28:48 – 1:29:32Speaker 1

Yeah. That was how long ago? Middle of it. Long time. Well, it first came to us to 2010. We approved it. Oh, wow. Then you did a revision. Must be 17, 18, something like that. 19. Mhm. Yeah, then they I wasn't That's when I was off doing Mayan. So, so this is So, when do you want me to have Munir come in? Next Wednesday or on Snow Road. I think I've driven by it. Next. Yeah, next Wednesday is 60 Waterville and McDonald's where Burger King's going. Oh my god. I should say what? Somebody wants to put a McDonald's where Burger King is. Wait, I saw it.

1:29:31 – 1:30:16Speaker 1

Why is that? I just don't understand what they're going to do with the back because they've got to move the building closer. So, parking within the front setback and the 10ft vegetated buffer around it. But they're not going to fill or anything. Right across from Republic Plumbing, right? The old Pepperoni Express. Oh. Oh. Oh. Yeah. Pepperoni Express. It used to be what after it was Burger King. It was Burger King and then pepperoni. It was Yeah. Okay. Okay. No wonder I didn't. Are we still on camera? Yes. Yeah. Yes. Because we haven't adjourned yet. Is there a motion to adjurnn? Well, uh, when do we want to do them? We're probably So, we have two things on next on Wednesday.

1:30:14 – 1:30:56Speaker 1

Yep. Seems like we should put them there. Okay. And if there's not enough time, then put what in about the mailbox. And then when's next road one? May 6th. Oh, yeah. That's Wednesday. May 6th. Yeah. And next week we're up an F just May 6 I'm uh I'm not here but I haven't missed one yet. Okay. So I think I'm not here. I'm supposed to be in New York on the 7th and I think I would probably leave me on uh on that Wednesday. Okay. You know. So that's fine, right? You sure you this one? Yeah. I haven't I don't think I've missed I'll double check, but I don't think you missed the same one I did

1:30:54 – 1:31:39Speaker 1

for snow. Yeah. in like November of 2024. Brian, how do you remember that? How do you Yeah, I was gonna say if you can remember that. I was in Kentucky on the Bourbon Trail. Wait, wait, November. It was November what? November 24th, like right after it started. Just searching the Mullins. I have everyone's Mullins. You get one a year. Yeah, I know. Okay. Especially when it goes this long. I have I don't think so. Perfect attendance. No, I have Bill Jiffy Brian. I think K. Yeah, I on this one. Yeah, sure. No, I apologize.

1:31:40 – 1:31:56Speaker 1

We agreed that we're going to do on Wednesday. Yeah, why not? Okay, I move we adjourn. Second. All in favor? I I We'rejourned. You can turn the camera off.

This transcript was automatically generated from the official public meeting video and is presented unedited. It reflects remarks made on the public record by elected officials, staff, and public commenters. Transcript accuracy may vary; view the original recording for reference.