so I would like to welcome you to the lunenberg zoning board of appeals I'm going to tell you how the recording progress tell you how the uh hearing will proceed um but first I have to give you a notification if I can find it where I know I got one right here okay uh this hearing is being recorded in accordance with the requirements of the open meeting law please be advised that this meeting will be broadcast live through local cable access on Facebook live on the public access Facebook page and we'll be able to be found on the lunberg public access YouTube channel within 24 hours after the meeting to participate remotely from a computer go to get the zoom meeting computer and app users may use the raiseed hand feature to request to speak uh the way the here first I'd like to introduce the board to my left is Le Lisa nadan the board secretary I'm alred gel this is James bezik ASI um Hans winp David blat and Patrick Callahan the way the hearing will go is Lisa will read the application and any other submitted Communications the applicant will have the opportunity for comments on the application or submission of additional documents you will please come forward to the mic give your name and address board members will have the opportunity to ask questions that they may have on the application while you were at the mic there will be a public comment period you will please come forward to the mic give your name and address and address all comments and questions to the board and with that I would ask Lisa to please read the first petition this is an application for a special permit Mass General Law chapter 48 section 9 zoning board of appeals the name and address of the applicant is Maxi Auto Sales Inc 40 Summer Street in lunenberg Mass the end sign hereby appeals as follows seeking a special permit to sell 50 automobiles the proposed action has not begun the basis for this application is found in the following section of the lunenberg zoning bylaw 46310 the street address is 40 Summer Street in lunenberg assesses map 115 pel 7 the name and address of holder of legal title to the land which is the subject of this case is Kelly Brothers LLC 54 sou Souther Road in wer Mass 01463 if the unassigned has any knowledge of a prior appeal application or petition concerning the land or building involved in this case describe the case and the dates involved September 2009 um Valentine's Auto was approved for 20 Vehicles February 2014 best auto was approved for 20 Vehicles May 2012 Double Down was approved for 50 vehicles I think there were another dealership after to that the special permit questions and answers are as follows will the proposed action be injurious or dangerous to the public health or unduly hazardous because of traffic congestion danger of fire or explosion or other reasons the reply absolutely not as a responsible business owner of a used card dealership engaged in a prudent in prudent business practices with a Good Neighbor policy there is no scenar scenario whereby the public would be exposed to an duly hazardous situation B will this action have a material adverse effect on the value of land and buildings in the neighborhood or on the amenities of the neighborhood the reply no the proposed use of this property as Cod dealership is consistent with the Lots history and characteristics of the neighborhood c will the proposed action be operated with reasonable regard for order and sightline of an open use the response yes all operations will be consistent with prudent business practices including a good neighborhood policy and D with a proposed action produce noise vibration dust odor heater glare observable at the lot lines it amounts clearly detrimental to the normal use of adjacent property the response absolutely not the actions described in this section are clearly not consistent with the town's guidelines or my policies and therefore would not be allowed there is a memo here from Kelly Brothers LLC of 40 Summer Street who is the property and land owner at 40 Summer Street hereby authorized Tatiana Olive area the silver of 60 Candlewood Drive and Lemer Mass 01453 to apply for a special permit through the town of lunenberg for the proposed use at the above location attached is a site plan of the proposed layout of the cars there's a certified list of abutters all that were notified on July 3rd and an assesses map and that's all Mr chairman thank you Le you're welcome okay and with that I would invite the applicant to come up and uh address the petition hi good night my name is Tana Olivera the Silva I am 41 years old ER lster I live in lster Jean stay here with help me in translator because my English is I am in process okay thank you I ask permission to speak in favor I ask permission to speak in her favor name my name is Giani and I'm here to help her with the translation yeah that's fine just give your name and address please sure uh so it's uh Giani Miranda that's j e a n e last name is Miranda m i r a n da the address is 355 white Pawn Road Lancaster Massachusetts 01523 thank you thank you uh is there anything at this time you would like to add to the position or or information you would like to give to the board for [Applause] okay I am speaking Portuguese she ISL in February 2024 Sydney J the business had two owners Sydney and Jose so uh Jose decided to leave uh the partnership in April 1st he he left so I I came in as an investor and now I'd like to um take Soul ownership of the business they are no longer involved in the business uh so she's applying to uh be the sole owner of the uh I have paid a lot of money to begin this business so I have uh invested $150,000 that I have taken as a mortgage towards my house I have done everything I needed to do in terms of document signed everything with the lease of the building so I have taken uh every action to do everything right so I could um I could be the owner of this dealership so I'm asking you today for the opportunity to begin this business on my own uh Max Auto it's what's called what's going to be [Music] called I already feel responsible for every single problem that they had from the time of February that I came into this partnership and I am already resolving a lot of problem on my own even though I still don't have the license but I'm dealing with issues that were created um since February through now because I feel responsible for this business because my name is in a business last year this dealer was sold about 400 cars approximately yes in April I after working with them since February through April I could see a lot of things that I didn't think was right and then I sat down with them with Sydney and and Jose and we discussed what was was happening in the dealers because I felt like some of the clients were being hurt by some of the B the way they were doing the business so um and and then from now on I might I decided to do my best to because I don't want to cause any any any any problems through the clients that are coming to the business that if okay um okay just for to make things a little clearer for me um currently the lot is empty and um the class two license and the special permit that we had originally gave a both uh revote so we see go ahead yes I understand I I believe the last applicant I'm not sure was it March 11th 2022 do you know yes and that was um I believe to Jose Iris oiv junor Jose Jose J Jose Jiva sing so um and as as you're well aware um these licenses were in the special pyramid were revoked because of uh fraudulent business practices at your location so um what I would ask you you're keeping the name Maxi auto correct correct she wanted to just wondering is to keep that name is there still a business uh is that under LLC is that I owned and Opera under in LLC and currently right now so what names are on that LLC Max okay is it again Max Max now it's Max supervisor the maintenance what who are the Personnel that I named on that see I'm sorry could you repeat the question the names of the people that are part of the LLC her name only now it's just her name just your name there's no other names of no just me okay all right so this is this is uh a new operation and you have yes completely new with new employes new people you have no affiliation now with the previous I have not none because of course there were some people that were or said they were owners of it that um a special permit when we grants it for a car lot uh it's only to ensure the benefit of the applicant which is this case goes all the way to back to Olivia here I'm probably mispronouncing it but as Maxi Auto and shall cease in the event the businesses sold or sublet to any other party and I believe there was another party in between correct did you say Jose did you say Jose the name yes yes that was the last official one on the special permit she's aware of the second person as well that it was involved okay but she did not know that all this confusion all this um illegal situation she was in aware of any of this okay and she wasn't if you weren't aware of the the conditions of the special permit um and I mean one of the other things that we always read is that your special permit is granted with the contingencies that the petitioner complies with all licenses regulations statutes ordinances of of any and all applicable local state federal boards or agencies with jurisdiction over the premises were you aware of those as he was still part of this um uh I'm sorry could you repeat that in small parts so I can translate to her the small part um I I think no just just repeat the what you just read so I can translate it was too fast for me to translate I apologize okay the special permit is granted with the content say that the petitioner complies with all licenses okay yeah regulations statutes ordinances of any and all applic local state okay and all boards with agencies with jurisdiction over the premises were you aware of those okay uh she's saying that she I think she's saying that because she knew some of the uh what was implied in the business but some of the details she wasn't she wasn't aware I think she was um being naive and she trusted whatever they told her okay and what what is your your actual background in in Auto Sales I have worked in Brazil for 15 years I was I was a general manager uh of a bank uh Central Dr s Paulo been here for eight years and I worked in two dealerships F like the administration part of the stores I have studied finances and I I have a p graduation uh in finances as well okay thank you just I I I just need to improve my English since she's saying I'm getting there she's learning it's it's just not perfect yet but she she has she is an educated woman okay thank you um I'm opening up to the rest of the board for their questions um where there were only 20 spaces or sales spots for many years then increased to 50 and your lack of experience in selling cars per um why are you asking for 50 and not just 20 to start it's a big lot that's why I requested 50 in the license that they had stated that they said that it was for 50 cars so I just kept the same the same number can I do a followup to that I'm going to do a followup the the reason we allowed 50 at that time and I remember this talking to the previous that um he had said they were going to I know that there was like a muddy area was in the spring over there there was a muddy area one side the other side a little he had said that he was going to tie those areas as that has not been done so I I will agree with Jim that I think the 50 cars at this point because that was never done should be brought down to begin with and I'm sorry could you repeat I'm not sure 20 but we'll we'll discuss it with the board maybe it's 30 or 35 but we'll we'll discuss that I don't see any problem to um going back to 20 if that's what it takes for me to get like I say we depending on with this we see any more questions I just have a few questions um so the applicant um she's only been in the car business since February with with yes I came in in February in the business with them and I noticed that um so I'm I'm first of all I'm a little disturbed about the whole police report stuff that was going on down there we Haven had ISS like that before I'm noticing that Sydney syney uh Fernandez dza uh had an address in the police department uh summons report at 60 Candlewood Drive the same address that the application had applicant has what what's what's the relation there he is the father of my daughter okay but he has no he has no affiliation with the business we are not we were never married okay there is no there no connection now and now and and it's just me and my daughter okay that's all I have for now Mr chairman thank you David so I I'm a little confused as to what is the relationship between and is there a relationship between yourself and Jose we were friends in fact I I went to school with his wife so I've known him for about 5 years we were friends and and that's why I trusted him and I invested all this money in this business um is there knowing what Maxi Auto and the reputation it has is there what is the reason for wanting to keep the name I have invested a lot of money like I said I have taken a second mortgage to do [Applause] this and when I came in April that's when I actually became active in a company and then all a sudden they closed June I became Des my house I'm going to lose my house all of the money I invested started I reapplied right away and I would love to change the name but I I haven't I I didn't think about it and I haven't had time to really apply for new name I wasn't aware of all these reports and I already had given them my money so I had already given them the money we're going to do everything brand new so then I I love to change the name I understand the name right now doesn't have a good reputation and so the other question for me is I'm trying to understand timelines here I'm sorry trying to understand I'm trying to understand the timeline here okay you you you as as explained by the chairman the special permit or the permit for the business is only for the person whose name is on there so when they sold the business when they sold a portion of the business to you why was that why were you not added or requesting at that time to be added to the special permit because I became like a partner but more like an investor at first was just was more like an investor go there every now and then you know to to see how things were going but I I I trusted them and I wasn't aware of everything that was happening there so I invested my money but I would not go there every day I would go every now and then to see how the business was going trusting them okay do you have any paperwork explaining this you have a bill of sale for the business do you have a can you produce that a thing no like a contract that some kind of contract that says she with her but she can bring it to you guys she has a contract okay uh no further questions at this time okay thank you David Patrick um I would just add that that I looked up on the uh Secretary of State's website that she is the only listed owner as the for the corporation I should say so just for whatever that's worth would I ask one more question Mr chairman course you can all right so so if I understand it correctly the applicant was in business with previous Partners they have since left the business and the applicant is going to take over the business because she's got a lot of money invested in it correct so she wants to run the business to business money correct yeah because I invested money that I did not have and I put it on my house everything that I had was invested in this business okay thank you Mr chairman you're welcome um I'm just going to ask a couple more questions just to see um um could satisfy my mind when you buy or get Autos from the auction is that where most your cars are going to come from I'm sorry just SEC no let me translate otherwise I'll lose you I'm sorry so when you go to um and you buy your cars please continue okay so but she gets her cards from an auto auction correct down yes correct and I'm not sure how exactly that works but I know that do you get them on lease loan do you have to purchase them from them see some of the cars are bought through a bank we apply apply for a plan with the bank so we buy the cars in this [Music] auctions and it's included in this in this plan that we have with the bank okay I I'm I asking this because a lot of the some of the issues that were down there where cars without titles and I'm wondering how you get the cars on the lck when you have no titles I I became only aware of that after they close the business and I have talked to both my my ex partners and they are they are fixing some of the situations okay so when you when you you take over if it goes through and you take over you will be financing the Cs that you bring to your lot through your bank they will all come with ties they're all going to be um with the T and okay and will legal order will they all be and I also will and I'm also trying not to get more money from the bank but to use some personal things that I have to invest more money in a company yes I believe it was not well um the administration of the company was not done properly okay all right and those guys will all be ready for inspection correct absolutely I will do everything I can according to the law [Music] I will not admit anything being done um um uh without being regulated okay thank you one of the things we're trying to do is all the clients that were hurt we're trying to fix the situation their situations and and get them the the old owners they have gone to the police station as well to see what they can do about the reports to fix it with the clients okay uh does anybody else have anything else they would like to ask just just one last question I know you talked about not having 50 cars how many cars would you like to get the business up and running a small bus person I can start with 20 this way I don't have to hire a lot of people to help me and I can be more hints on the business was too big and I think that's what it caused so many problems so maybe I I should start small okay did you have a number in mine on I mean I obviously if if she's granted the permit we want her to be successful uh right just was wondering whether I mean I think 50 is too many I think so too like I say they didn't do it they said to a lot of 50 yeah um but I can't hold that against the applicant because the applicant why don't I why don't we go back we'll make a motion then we'll uh we'll condition the Cs if she starts at 20 she can always come back and ask for more in the future in a short period of time you know so without prejudice or anything like that I have one of question have you thought or are you planning on adding anyone else to the corporation the business to help you in managing or sales other than someone who might be a salesperson if you're asking if I want a partner I don't want to have any Partners I want to do it this on my own I want to be the only ad I want to be the only person in charge of the company to administer it and and take care of the company hiring people to help managers or people to go get the cars drive the cars yes from the auctions to the to the to the building but fin ownership I uh selling that's going to be with me final only I'm only going to hire one sales person and another person to drive the cars for me so only two more people thank you business begin I want us to start small okay Mr chair may I ask a couple more questions you may two more question how where are you planning on getting the car in an auction we have one Ina in quein in quiny I already know this this uh auctions places and I also have some agencies that I have like rental cars agencies that I have contacted them already to buy cars from them okay um when you get cars from the auction it is always as is it is always with a title yes especially my experience has been it's always with the title are you planning on any repairs or anything else to be able to make these cars Road worth it to make them more valuable no to make them safe for the roads okay absolutely I already have a a mechanic person that will be inspecting other cars before I show the scars to clients okay my other question will be relating towards the previous owner your previous part your previous partner have you discussed with them where these cars without titles came from yes in fact they they told me that these cars they were bought through the bank but the bank took possession of the titles of the cars from the clients that have bought them and did not get the titles because the bank took possession of them so they're going to have to pay the car in to get the and so it can be regulated with the client so this week alone four cars they were able to fix the situation of four cars with clients that had bought the cars from them okay all right and um so and how many more do you have to do you have to do to do you know how many more that are need to still be done four more clients just just four more mhm yes I'm I'm also okay no more questions from the board yeah and I just make an announce that we did have another scheduled at 7:30 as you can see it's going over uh but we will complete this one and then we'll come back to you okay um um anybody from the public would like to speak please [Applause] unusual to be involved in one of these Dave pasio 56 weding Street um I'm not sure if any of you watched the board of selectman's meeting uh that ultimately brought this business back to you for a new uh permit and so on and so forth there was a real Tangled mess that took a long time to sort out just for the board of Selectmen um I believe listening to what uh this person has said the applicant has said this evening she is determined to untangle the mess that was created by her predecessors that's my personal feeling I just want to express that to you guys thank you thank you um anybody else from the audience would like to speak um you want Kelly up here just ask do you want to speak Mr Kelly no I'm good I think everything well um uh you'd have to come up here guess you are going to speak now [Applause] I Michael Kelly 54 South Old Road whester property owner okay uh I learned of this whole mess a couple months ago um I think she's got good intentions to run it the right way did some talking with her about you know you can't sell unless you have the title etc etc it's kind of new to her but I think she's got the focus to do it the right way okay yeah thank you okay thank you [Applause] okay anybody on Zoom uh yes I would ask um that anyone use the raised hand feature if you would like to speak on Zoom um there are a lot of messages that have come in um wow you can't read those I don't yeah um so does anyone on Zoom would anyone on Zoom like to speak please raise your hand first and then I guess I will pick one um so they can use the hand raise hand feature if they would like to speak yes or turn your video on and wave at us so that we can um know that you're trying um I have one I'm going to try to ask to unmute and see if this person is going to no um so I have a lot of messages on here I don't know how what are um as far as messages as far as I don't think you can read messages I mean people that want to ask a question or yeah I mean there's all kinds of messages um I I would like if May if somebody asked to unmute so that you can read that into read that into the record yeah if they want to speak then need to raise their hand and speak so um if you CU we while we're doing that Mr chairman can I ask one more question for the applicant absolutely do you have do you have um hours of operation that you [Applause] want from 9 to 7 9 to 7 and what days are those a the Sabbath uh Monday through Saturday Monday through Saturday and Saturday only to 5 and I'm sorry Saturday through 5 Saturday through 5 so 9 to 5 on Saturday 9 to 7 Monday through Friday correct okay thank you thank you we're just going to hold on to see if anybody would like to speak through Zoom I would say that uh I did just send out a message to raise hands to read comments into the record and I am seeing none if you'd like to just turn your video on to show us that you would like to speak if there's technical issues that'll work too um I don't seem to be getting anything I have 10 people in the 11 in the chat or in the group and I don't see any hands going up okay just B no no nobody nobody nobody okay um all right so if if nobody's got their hand raised and uh I hear there's a lot of people on Zoom but it doesn't appear any of them want to speak so with that I'll bring it back to the board um I think I'll ask for a motion Mr chair I just I'm not sure if his motion first but um I I'd like I personally would like to see you know like to try to see it continue till I can see a um something a piece of paper that explains that the business you know that the business is now that has CH has changed um we can do that two ways we can either continue it or put it in as a condition that although you want to see the document to make sure it's correct right I'd like to see that there was some some some document showing you know as a either you know the partnership has been dissolved or that the partnership existed the partnership had been dissolved and that you know truly there's a sole ownership here I know it says in the Commonwealth but I could easily do that myself now I I that's that's I need to understand that it truly is uh all those former partners are going to have nothing to do with this okay I I don't I I mean I understand where you're coming from but I don't think I mean if the secretary estate says that the applicant is the owner of the business I mean I don't know what else we could do well again if it makes you more comfortable one of the conditions we could say is that they present a copy to Lisa and as a condition so it should be the same as what you're looking at in the state but if they want to submit something prior to a license yeah prior to the license they have to come in with that and you could review it at the office okay all right so what I'd like to do is see if we can take a motion now all right so I'll I'll entertain a motion that we will uh Grant the a special permit for a for for for 20 cars um based on the and the with the hours of Monday through Friday 9 to 7 Saturday 9 to 5 with the condition that there is um proof of of there's some proof that the former partners are are no longer have vacated the business to her okay um on the card number of cards I I would just like I I think that may be in my mind 30 is more appropriate so I'm looking at going back because we determined that 20 was what was perfect for the for the way the condition of the lot at the time the lot has not been improved so unless the lot is improved I don't see how why you know additional cars being put on there so I think one of the conditions we had before I wasn't you know but the before was that the lot would be improved so there welcome to come back and ask for more cars yeah they I'm thinking about it through you know you got to have enough Variety in cars to be able to sell to different customers and I'm thinking 20s in my opinion is a little bit low for a lot that size I mean 50 to 20 less than 50% would down you know I mean okay I mean I I appreciate you no 20 but I'm just putting my idea right okay so what what is your thoughts then I I think probably 30 it gives them a good start if they're doing that they can like you say they can come back and ask for 40 or you know if they do and do pay more because they're selling more they can go forward what she starts out with 20 she has the capability of 30 so she can ramp up that extra 10 if you wanted to without having to come back I can say I'm open you know if want some to amend it that's fine it's up to the board I had 30 in my head without just from the beginning I had 30 in my head since we talked about it just thinking that 20 with more with 10 more would give you a little wiggle room to so if you amend it to 30 okay so I'll amend it to 30 okay I'll second that Mr chairman all right we have a motion on floor in a second I will call for a vote I I I I I uh that condition will be in there um about the the uh showing that proof of ownership um employ yeah um yeah that the 30 cars would be for sale so if they have employee parking they can park behind okay okay and with that um did you hear exactly what we said just want to make sure I kind of overheard I'm going to read it I'm going to read a number of conditions but did you uh I just want to make sure that you heard that what we approved was 30 Cs and if that's successful and everything's going great and you think you can handle more you do something with the lot to expand it then you can always come back to this board and request more thank you very much okay and I have h a post reading to do I'm going to actually read another group of conditions that are going to be part of this and then I'm going to point out two other things so um the guys must be yeah yeah must be placed 20 feet from Summer Street okay that's the back that's the closest they can be a limit of 30 cars may be displayed for storage sale on I going put that one and those vehicles that are sale are for sale shall be ready and maintain inspections as required by the registry of motor vehicles this will all be in all loading and unloading of vehicles will will be done off Street for safety purposes no parts materials tools shall be displayed or stored Outdoors No Junk as the term in Hereafter defined shall be stored or maintained Out of Doors a used hearing the term junk shall mean any workout cast off discarded articles or material which are ready for destruction or which have been collected or stored for salvage or convers to some youth the business hours for the car law will be from would we say 8 9 to 7 Monday through Friday and 9 to 5 on Saturday the petitioners shall conduct the business at all times in a manner so as not to be offensive to the residential abundance the granting of this special uh special authorization shall ensure to the benefit of the applicant and shall be ceased in the event the business is sold or sublet to another party the permit will be subject to a periodic review by the board of zoning enforcement officer if the restrictions noted as part of this granting of the permit are not adhere to or if operated in any way offensive or detrimental to the neighborhood the board would ask the enforcement officer to begin the procedure to resend the permit the petitioner shall abide by all requirements of the to Department of Public Works in the town of lunenberg in the state of Massachusetts with respect to Ingress and ESS at the property the petitioners must comply with the town of Lun lunenberg bylaw regarded signage any lighting shall not be offensive to any abing properties and this the said board of appeals certifies that the decision attached to is a true and correct poy copy of this decision Grant the special permit I also have to read you this this will all be in there this problem uh this is a postdecision the special permit is granted with the contingencies that the petitioner complies with all licenses regulation statutes ordinances of any and all applicable local state and federal boards or agencies with jurisdiction over the premises the special permit is subject to a periodic review by permit granting Authority or the enforcement officer to ensure compliance with any conditions non-compliance of such conditions may result in rication of the permit a copy of the Bo's decision shall be filed within the town clerk within 14 days any party agreed by the board decision May appeal to Superior Court 20 days after the decision is filed with the town clerk any certification by the town clerk that 20 days have elap since the decision was filed you should have it recorded in the registry of deeds no special permit shall take effect until it's been recorded and with that uh we wish you good luck with your guys thank you thank you thank you this was thank you very much thank you thank you okay and now we go on to the next uh hearing um tell me yeah I at least I think just just because there's still a lot of people on okay I don't think they have to go through all the yeah you don't have to go through all okay good to go yep we should be good to go okay the next uh Lisa is going to read the next application this is an application for a special permit Mass General Law chapter 48 section 9 Zone morning board of appeals the name and address of the applicant is Mark bur 20 Buttonwood place in lunenberg and the undersign hereby makes application as follows a special permit to vary the lot width requirement per section 250- 8.3 b2d proposed action has not begun the basis for this application is found in the following section of the lunberg zoning bylaw section 28.3 b2d street address is 18 Buttonwood place in lunenberg assesses map 93 pel 64 name and address of each holder of legal title to the land which is a subject of this case is the Burch living trust 20 Buttonwood place in lunenberg it's recorded in W Northern District registry of deeds book 10135 page 3 and recorded October 8th 2021 if the unassigned has any knowledge of a prior appeal application of petition concerning the land or building building involved in this case describe the case and the dates involved a special permit issued by the zba June 28th 20124 for dimensional variation to vary the lot withd is attached the special permit oh and that is signed on July 1st by Mark bur of 20 Buttonwood place in lunberg existing conditions the subject property is located at 18 Buttonwood place which is known on assesses map 93 pel 64 the lot currently contains an existing residential dwelling and is located entirely within the residen a zoning District the property has Frontage on West Street with secondary access through Buttonwood place right of way the property contains approximately 1.1 acres of land and 2.48 ft of Frontage making it a pre-existing non-conforming lot with respect to Frontage a previous filing with the zoning board of appeals modified the lot width through the structure the board of appeals granted the special permit on June 28th 2024 which reduced the lot with through the structure to 114 ft proposed conditions there is no change in the proposed lot configuration building locational lot width at the time of the previous filing the applicant was proposing to construct a single family residential structure the application was made public hearing was advertised with a in the decision was issued referen the proposed structure as a single family structure subsequent to this decision the applicant has determined that a duplex structure would fit the needs of the family in the future as such the application is being made to request that the decision be modified to include duplex in the narrative both single family and duplex structures are allowed by right in the residence a zoning District special permit criteria a will the proposed action be injurious or dangerous to the public health or unduly hazardous because of traffic congestion danger of fire or explosion or other reasons the reply the proposed use of the property will continue to be residential a new septic system in compliance with 310 CMR 15.0 Title 5 will be constructed at the site there is expected to be no noticeable change to traffic patterns related to the construction of the duplex at the site as such the proposed action will not be injurious and dangerous to the public health or IND duly hazardous as it will not add additional traffic and does not constitute a new danger of fire or explosion B will this action have a material adverse effect on the value of land and buildings in the neighborhood or on the amenities of the neighborhood the reply the proposed Improvement septic system installation proposed duplex dwelling and property line reconfiguration will increase the assessed value of the property and also the market value of the property as such we expect the proposed project to have a positive effect on land values in the neighborhood c will the proposed action be operated with reasonable regard for order and sight lines if an open use the reply the applicant assir David M Damon mcade Architects to design the proposed structure the duplex structure is a ranch style home that is similar size to single family dwelling that fits in with the architectural characteristics of the neighborhood architectural plans are attached and D will the proposed action produce noise vibration dust odor heat or glare observable at the lot lines and amounts clearly detrimental to the normal use of the property use of adjacent property in the reply as mentioned the proposed use will continue to be residential the structures being proposed in compliance with all zoning requirements and in compliance with the dimensional variation issued by the zba for lot with through the structure and will not produce noise vibration dust odor heat or glare that would be detrimental to the adjacent property and there's a letter attached dated July 1 to the zoning board of appeals the purpose of this letter is to brive written authorization to allow staff from Dillis and Roy civil Design Group to represent the proposed project at 18 Buttonwood Place respectfully submitted Mark bur owner and applicant there's also a list of abutters attached a copy of the deed a field card from the board of assesses a site plan the building plans and the previous decision from the board and that's all Mr chairman thank you R you're welcome he and with that I the thank you Mr chair Greg Roy with Dillon Roy um I'm representing the applicant this evening Mark is is here this evening um I try to keep this really brief I I I at the risk of s of boiling this down to uh rudimentary I think this is just a matter of wording when we came before you with the previous application about a year ago so just to summarize a year ago we apped um to your board for dimensional variation to vary the lot width and I'm I'm starting the presentation here with the plan that we presented to you at that time we um in the process of doing the survey work uh for this project we determined that we needed to add the green area that's shown here uh to the subject property right here for the purposes of upgrading the septic system when we were doing the survey we noticed that the um the um 18 Buttonwood uh property was non-compliant with respect to the it was actually over the lot line so we did at the same time we determined that we wanted to Grant the peach shaded area uh from 20 Buttonwood to 18 Buttonwood so that we could make that structure more non-compliant in doing that we would have made the existing structure in the existing lot more non-compliant on uh I keep forgetting on 18 Buttonwood so the the the lower lot we would have been making that more non-compliant with respect to lot withd that was the subject of the relief that we sought a year ago and you granted that relief so we effectively reduced the lot width through the structure um that application referenced the proposed structure to be a single family dwelling uh we applied as as such and you had language in your decision as such that we you granted the um you granted the dimensional variation um but it referenced it as a single family structure fast forward a year so we've recorded that decision we've now the lawyers have done what they need to do with the deeds and they theyve they've made all the uh all the property conveyances uh such that we now have the the new modified lot based on the decision nothing about that has changed the only thing that's changed is that uh Mr Burch has now proposed a duplex dwelling instead of a single family dwelling and the Building Commissioner um noted that the uh decision referenced it as a single family structure um and so he um asked us to come back this evening to your board uh to resolve that matter so we are really just applying the same application as before although you've granted the um the um the dimensional variation we're really just um reapplying to change the wording from a single family home to a duplex dwelling both of those uses are allowed by right so it it's I I I guess I'd be remiss I'm not trying to I'm not trying to throw fuel on the fire but we really weren't applying in the initial for for any use relief um we were at the time we had an ipated um a single family home um now we're proposing a duplex based on uh what the bur family needs are um in currently and in the future um neither one of those uh require any relief from your board from a used standpoint so it's really just in in our view um the way that we applied and the way that the decision was written in the Building Commissioner is uncomfortable Grant in the building permit which has been applied for um so the uh so that's why we're here um at the at the request of the Building Commissioner um but I just want to re we're not we haven't changed the um configuration of the lot the um the proposed duplex will still have the same lot width through the building that you granted so we're not asking for any further relief on lot with it's just literally instead of putting a single family structure we're proposing a duplex structure in the same location that's it okay thank you um so basically what just saying is you're just really going from a single family residential home to a duplex that's correct the the through the house is exactly the same that's correct all of the setbacks exactly the same everything with property lines everything we discussed in the last time that's correct okay yep structures in the same place it shaped slightly different but it's it all the all of the uh all the regulatory offsets are the same okay and if I remember last time we talked about there was a long driveway or something that came from West Street and then there was but the actual driveway would be button button way that's correct the the the legal Frontage of the lot is actually on West Street it's there's a 25 and change Frontage we haven't changed any of that um but the actual legal access comes from Buttonwood place which comes from uh electric AV okay and so the both the the actual access and the legal Frontage none of that has changed um at all from uh from even from before we uh filed previously we're proposing the same thing okay thank you um I'll open it up to the board if they have any questions I don't have any I have none Mr chairman yeah I was just going to clarify that the foundation uh the foundation Dimensions didn't change that was about my only question changed a little bit but not but it's still not you're not it doesn't change the side setbacks and things like that correct that's correct we're completely in compliance with with with dimensional uh requirements y anything Patrick nothing sir okay any any public like to speak none nobody's on Zoom I all left you I am on an island by myself on Zoom holy what a surprise okay okay I will uh entertain a motion Mr chairman I'll make a motion that we modify y the pre-existing special permit to change it from a single family home to a duplex second I have a motion a second I will call for a vote I I I and I I and I and I great with that it is passed I still got to read you the understood post decision special permit is granted with the contingency that petitioner complies with all licenses regul AAL statutes ordinances of any and all applicable local state federal boards or agencies with jurisdiction over the premises special permit is subject to a periodic review by the permit granting Authority or the enforcement officer to ensure compliance with any conditions non-compliance with such conditions may result in the rication of permit a copy of the board's decision shall be filed with the town clerk within 14 days any party agreed by the board decision May appeal to Superior Court 20 days after the decision is filed with the town clerk after certification by town clerk that 20 days have elapsed since the decision was filed you should have it recorded in the registry of deeds no special permit shall take effect until it has been recorded and thank you good luck app make a motion to adjourn all in favor I I hi hi all [Music] Captain you can get off zo stop recording I was going to say recording stopped