Zoning Board of Appeals - Regular Meeting

However many dogs you had for that period of time It doesn't matter. I'll Yeah. You would have to get Conant, and then they would issue you the new licenses and the kennel license. Yeah. Who? Clerk.

Yeah. Oh,

you you want me to see the clerk on it? Yeah.

The clerk Clerk. Okay. Nothing. Clerk. Just

need dogs. Yep. Get licenses for them. Yep. Yep. And Okay. To make sure that you have a business. Yep. Register that with them. Yep. The other thing, were you redoing the floor?

Yes. I just redid the floor.

So did you epoxy it or paint it?

Yep. You want do you want to see a picture of it? It's quite lovely. I'm sure it is. Cost better cost $10,000. It's quite lovely. So Easier to clean. That's for sure. Most definitely. And hopefully a lot less dust. She's my kennel helper has been scrubbing the walls. So they'll be like I said, when when she called me, I'm like, well, they just did the floors. So, I mean, if you're wanting to reinspect, it's not a good time to reinspect. So, you know Yeah. It'll be another like I said, I I'll I can technically move the dogs back in tonight, but I'm not going to because I wanna put up the walls that I wanted to put up before.

So, like I said, a lot of a lot of things were in the works, but, you know, winter and, you know

barrels for the for the waste pickup, that was okay with them? They were good with the barrels?

Yep. Yep. He he said he had no problem, and he said if you I mean, they're just two trash barrels. One's a actually, old recycled barrel probably from Holbrook. Mhmm. And the other one is just a regular old brute thing, and they're just Mhmm. Out there next to the tree where the bags were with the bags inside. And Yep. He said, if you want, he will get you bumper stickers to put on them so that they say goat scoopers. I'm like, whatever. Himself.

I see. Yeah.

Yeah. Okay. No. So I mean, identified if you so needed them identified as being

I don't think that'd be necessary.

It's fine. Okay. And you got the photos of the inspected fire extinguisher.

Oh, yes.

We did. Yep. Yep. Yep. And you got the photos of the alarm smoke detector and alarm on the front of the building.

Yep.

Okay.

No. We're good. So any other questions from the board? Joe? No. Not even Nancy. Wow. Okay.

So Mr. Chair, I'd like to make a motion to approve the special permit could present to section three

I'm sorry. What? I didn't I have no pen. Oh. Yes.

I'm sorry?

Hang on. I'll answer this. Is there anybody in the audience who wants to speak for or against this petition? Or we

Four. Four. Four. Four.

That's fine. Okay.

Let's let's ask my mother and my kennel helper.

Alright. At this point, I will close the hearing and I will entertain the motion. Go ahead.

Mister chair, I'd like to make a motion to approve the special permit precinct two section three dot one dot d dot three of the Middle Bar zoning bylaw to allow for a commercial kennel license for her own personal use at the subject properties located at 24 River Street, Middleborough, Mass. Assessors MAP 4, Lot 3852 in the industrial district with the following stipulations that the applicant will register as a business and maintain business licensing, register all dogs with the town of Middleborough Clerk's Office, Maximum number of dogs do not exceed 17. The sequence of the ACO inspections will be for the first twelve month, inspections will be made every three months. The following twelve months, inspections will be made will be twice a year at the ACO's discretion. After twenty four months and at the ACO discretion, inspections could move to once per year or remain twice per year.

If an inspection fails and the follow-up inspection also fails, the applicant will be required to go to the zoning enforcement officer for a review of the special permit conditions going forward. And if you anticipate so I know you were talking before. So if you anticipate more than 17 dogs to have a backup location for additional dogs over the limit. So I believe and I think you want to talk to that.

So technically we're in discussion on the motion that's why I closed the

hearing and

asked questions. I'll allow it, but normally we do these beforehand, so we keep the process simple. Go ahead. Yes. Had a

So it's just if you happen to have more than 17 dogs or you anticipate that you're going to have more than that number of 17 dogs to have like an additional location so that way there you're not you're in compliance with the 17 that they've granted you for this?

Yes, not a problem.

Do I end it? Motion's been made. Do I have a second?

Second.

Discussion on the motion? Aye. Hearing none. All those in favor? Aye.

Aye.

Nancy, you are voting. I'm abstaining. Okay. Hold on. So we got

444 t 10. Okay. I think you know it.

One one abstention. Motion passes. You

know, deletion? Thank you. Now, do you want me to see her tomorrow morning? The clerk Sit down. Oh, do you go to the clerk?

You can go to the you can go to the clerk.

Tom, I'm the clerk. Tom, clerk.

Okay. I don't know if they'll view the likeness

and everything until I actually filed the special permit.

Okay. So I'll wait until next week? Yeah. You'll be in next

week? Okay. And then you have all your don't forget to bring your all your all your bees. Yep. I have them. Yeah. Polojis, just make sure you bring them with you.

Oh, yeah. Absolutely. And I would have them with me right now, but I didn't bring my bag one. That's okay. That I normally bring them to you. Was like, oh, I got all the way here, I'm like, damn, I forgot the bag. Coming. Okay. Thanks very much.

Thank you.

You're welcome. Have a great day.

You too.

Good. Good. Good. Sir. I am the on Thoth. Pruneer. Why? How many dogs are there in Middle

have no idea how many dogs are in Middle Thoth. Not off the top of my head. It takes off. Alright. Let's see. Where are we? There we go. Yeah. What's do I want? Number three.

It's written by yeah. Next we will hear the petition of Brandon Barry, 362 Court Street, Plymouth, Mass 2360 relative to his request to be granted a special permit pursuant to Section 4.5.3 and 5.3.13 of the Middleborough zoning bylaw to allow for the construction of a 40,000 square foot commercial warehouse along with the retaining wall and associated site work. The subject property is located at 18 Colin Drive, Middleborough's assessors map 103, Lot 4989 in the general use district general use ex district, excuse me. Property is the home of Pavestone LLC, which manufactures concrete landscaping products for residential and commercial use. The floor is yours.

Good evening. Thank you. For the record, first of

all, good evening. For the record, Lee Hartman from NARO Engineering. Barry, Brandon Barry, who was here last time, has a conflict and could not attend. I'm also here with Bob Duncan from this is a hard word for me, quick creep. So if you have questions for them I said I was just saying to him how I've used the material my whole life. I've never tried to pronounce it.

There you go.

So if you recall at the last hearing we had, the presentation was made for a 40,900 square foot building. We went through pretty good detail of what that building entailed, what was being proposed. At that meeting, you had a handful of questions that you asked us to look at. You can continue the public hearing to tonight and asked us to address those. So I'll just go through those briefly.

Sure. The first one was bollards, and the request was to look at bollards around the propane tank and around the parking spaces at the entrance to the building. The second one was to show the existing parking for the existing facility as well as the reserve parking that was set aside when that building was permitted. The third was details for the retaining wall that is in the back of the building. Then you also asked for information on the dust collection system.

And then there was questions about vegetation along Cowan Drive and that has encroached into the road. And so we went down and looked at that. And then the final thing that was raised was a sign that was on Route 28 somewhere that said no Jake breaks. So again, I'll just go through a little bit of what we found. So on sheet five of the plans, we've updated it, and the bollards are now shown on the propane tank around the entire tank as well as bollards at the entrance to the building.

The plans have been revised to show the 75 spaces that exist with the existing facility as well as the 45 reserve spaces that are shown on the plan. What page is that? Tweak, if you wanna click through, I'm not sure which page, but we can see it, Wayne. Tell him.

Yeah.

Picture is far down.

Yeah. There it is. Yep. So if we look so here's the main building here. The reserve spots appear. So here's the entrance coming in, parking spaces and parking space. Gave you a detail for the retaining wall that was submitted also. And then the other question was about the dust suppression. So there is probably a 40 page document we gave you on the dust suppression system that will be in the building. And I would like to just point out with that dust suppression system and the requirements, you'll see there's an annual test for leaks too.

So in addition to having that system there, it is inspected annually to make sure that there is no leakage of dust in full outside of the building. So we did take a look at the Conwyn Drive and the overgrowth of the vegetation and the petitioner is willing as a condition of approval to trim that vegetation back to behind the guardrail. We were not able to locate the no Jake brake sign. And, as a condition of approval, we'd be more than willing to have a condition subject to DPW identifying a location to put that Jake brake no Jake brake sign back up.

I'm sure if there was any plan that was ever that's a There was one. It's a state.

Yep. But there was one. I know. I saw it. But this is time and golf.

So it's a state road. So our DPW probably can't help you. You'd have to go to the state to ask. Can you tell us

if you'd like that can always open up a big thing or

I know.

We were thinking more if the DPW is okay with the location.

Well, we don't manage that, bro. Your call if

you want that as condition or not, and we'll deal with whether it's a state or the town for approval. And, again, I would just ask that if it's a condition in the states that you can't do it, that we're not held between the town, Middleborough, and

I don't

the great state of Massachusetts. You You may know.

I think we may have to weigh about.

Yeah. Then just the final point is there was a number of issues raised by the DPW. We increased the water line to eight inches just in case sprinkler is needed. He knows if there's a future use. They didn't like some of the angles of the pipes, so we straightened out the pipes. And then there were several other, I would call technical issues they raised that it will all be addressed and no issues with addressing them at the building permit stage. So So back to

the growth. Did you are you working with the owners? So the interesting thing is we're

not sure who the owner of the road is. It's a private road. And so I think what I would say is that as owners on properties that front on this on this road, they have the legal rights not to just use, but to maintain. So I think we're very comfortable to say that regardless of who the owner is, they have the rights to pass and repass, which includes the rights to maintain. So we're comfortable at the The last app I think everybody will thank us for trimming the vegetation. The last applicant did it also.

We did. Well, we we made out of condition as well.

Well, the funny thing about vegetation, it grows every year.

Do you I was just about to say that. Are you willing to put something in there that says you maintain it every year?

Yeah. And then Sure.

And so with that, I think we've addressed everything you raised at the last meeting, and we look forward to your approval of this petition. Thank you.

Thank you. Questions from the board.

Mister chairman? Liz. I'm just going over your response. Mhmm. Questions. It says the fire protection plans for the building completed at this time. Have they been completed? No. At the Or is that still kind of in the air?

It's all building code. It's whatever the building code and the building commissioner requires. So unless you With the an air and flywasher node. So if they say it's got to be sprinkled, it has to be sprinkled.

Look at That's kind of difficult for the type of business that Yeah. Was gonna say it's probably most likely be a dry system I would think Or it's gonna be one big block of quick creek. Yep. And it's With water, it's the can't do the

The floor will be higher than one expect.

Well. Nope. That's perfectly fine.

That's Okay. Were we good from the fire department

to get access around the building? Yes. Yes.

Okay. We got okay. Just wanna make sure we have that.

And just you did have a peer review of the drainage treatment. They were satisfied. Yeah.

Huge, any other question?

Once the board makes the decision to go forward, then you'll be working with the board of health to make because I saw in here, it's you still haven't had the title fight. I mean

So the board of health and conservation commission. So Right. This is just one of few stops.

Right. Thank you. I'm sorry. I'm feeling rather dumb. Where oh, fire hydrants. Are there any fire hydrants on the plot?

Yes. And I'm not sure which plan shows it best, but there is a hydrant. Let's see if we can see.

There I know there must be one for the existing building.

There's one additional one that were added, and I would need to, of course, see which plan I think this will show

it. Clean up the water main.

Yeah. Yeah. It's it's at the end of the water main. There is a hydrogen somewhere in this Gosemite.

The only reason I asked was I just was looking at it and it suddenly struck me is if the hydrant is where I think I remember it being in the first part time this game before, That's quite a distance from a very large ware.

Right. And then we are adding a line. I'm just looking to see if I can see it here, but, there is a hygiene to be added.

Okay. So, basically, on this very large piece of property, there will be at least two hivet. That's and you'll have the dry suppression for the inside of Whatever

the whatever the building's gonna require. I would assume it would be that.

Okay.

Any other questions? Any questions from the audience? That's good. Hearing none, I will close the hearing. What is the pleasure of the board?

Chairman, I'll make a motion to approve the petition of Brandon Barry, 362 Court Street, Plymouth, Mass 02360. Relative to his request, we granted a special permit pursuant to section four point five point three and five point three point thirteen of Middleborough Zone bylaws will allow for a construction of a fourth 40,900 square foot commercial warehouse along with a retaining wall and associated site work. The subject property is located 18 Cowen Drive, Middleborough assesses map 103 Lot 4989 in the general use x district.

I will second that motion. Motion made in second. Discussion on the motion. Okay. And it and it I was gonna say in addition to? Subject. Yeah. I was gonna get the Alright. Oh, yeah. Everybody wants to be chairman tonight.

It's my job at Blunton.

It's okay. You can have it. It. Yeah. So one, as per discussion, it would be subject to the plan submitted tonight, which which are dated What? 02/17/2026. Is that correct? We decided. Good. Revised till April 16. Are they revised today? Okay. This one I've got for one I've got since seventeenth. Yeah. You cut. Subject to the revised plans of 04/17/2026.

Along with the additional condition Yes. The overgrowth back to the guardrail. Is that is that what you want us? Yeah.

The diminution? Okay. Will be maintained annually. Yes. Okay.

And subject to does this do we make ours subject to the Health and Conservation Commission?

No? Separate authorities.

Separate authorities. That's what I thought.

Motion has been made.

I need a second. I made a second.

Motion made to sec. They did that. Okay. All those in favor? Aye. Aye. Opposed? Motion carries unanimously. Thank you all for coming. Good luck. It's just

if I could because I just finally found that the hydrants located right here. Okay. Yeah. But Okay. I was looking for

it while you were talking, but

I did find it. It's the knee height.

It's got to be painted bright pink. Only So that it can be seen.

No. The two hundred and fiftieth like this, the two hundredth where we painted all the hydrants. Red, white, blue. Red, white, and blue.

Red, white, and blue would be fine.

There you go.

And just make them visible.

You guys.

Okay. One more item up there. What Alright. Lie agenda girl. Anything? There it is. Okay. Next, I will entertain a motion to continue the hearing for Beals and Thomas Inc. Off Wall Street, Map 45, Lot 6486 in regards to the special permit to Section eight point four and nine point four of the Middleborough zoning bylaws to allow for the installation and operation of ground mounted solar energy facility. This area was continued from 03/26/2026.

The deadline for the extension is 05/15/2026, and we're gonna extend this to 05/14/2026. So moved. Motion made and seconded. All those in favor? Aye. Aye. Opposed? Motion carries unanimously. What happened? Being no other business before us, I'll entertain a motion toward so move. Do we have findings? Yes, we do. That's right. Excuse me. I was so worried. Get out of good truck. Good truck. Almost done. Alright. We'll do weed findings for Been bought. Brandon Barry Pavestone. You have that?

Yeah.

There's

There's

Yes. To the petition by Brannen Barry, 362 Court Street, Plymouth Pass 2360 relative to his request be to be granted a special permit pursuant to Section 4.5.3 and 5.3.1.3 or 13 excuse me of Minniborro zoning by law to allow for construction of 40,900 square foot commercial warehouse along with the retaining wall and associated site where it says the project is located at 18 Cowen Drive, Middleborough assesses map 103 Lot 4989 in the general use x districts.

So The use of structure is There's five points.

It's a yeah. Okay. Let's see. We're specifically designated the zoning board of appeals, planning board of selectmen shall pass the special permit granting authority criteria. Special permit shall be granted by the special permit granting authority unless otherwise specified herein only.

You're reading the law. There should be just five wait. What am I down?

This. Oh, these are the outside. Okay.

That's what you want. Yeah. As I was.

The findings. These haven't done any in a while.

Little

bit. Let's go.

The proposed site is appropriate for the use or structure. Adequate and appropriate facilities will be provided to ensure the proper operation of the use structure or condition. Traffic flow and safety, including parking, loading are adequate and there will be no nuisance or serious hazard to vehicle or pedestrians, adequate water, sewer and other utilities as well as other public or private services are available or will be provided and the use involved will not be detrimental to the established or future character of the neighborhood and town and subject to appropriate conditions or safeguards if deemed necessary.

The motion has been made. It will be seconded. Motions made and seconded. All those in favor?

Aye.

Aye. Opposed? Motion carries unanimously. Being no other business before us, I will entertain a motion to adjourn. So moved. And? What? Yeah. It's It's the bathroom. For a kennel? For the dogs? It's not a building. You know me done findings. What can we? Is that part bad? We can. They're very rich. They don't ever Yeah. You take your hand. Read that over again. Well, wait. There's no structure. I just don't Olympic. Done.

Marshall Tom.

I think we have done. Okay. I don't think we've ever And then think we're open.

Some I don't think we've ever done findings for a kennel before, a kennel.

Okay. We all You know, would would be different if it was like a day care and it was a public building and it was like that would that would set I don't know. I just I don't see the need. I could be wrong, but

makes sense to me.

Makes sense to me. It's not a public structure. It's by a. No. It's a novelty. Yeah. Okay. I'm real intelligent. I'm to wait this time.

Well, I will be very happy to do it again if Tammy will allow.

I think we should just make her a gem.

We're gonna

just okay.

The tech boy's only joking stock.

Okay. True. That's all. I have a motion on the floor. Do I have a second to adjourn? Second. Motion made and second. All those in favor? Aye. Aye. We are adjourned. Thank you all for coming.

Thank you.