##VIDEO ID:MYGhYTyg15M## hey you going to make Lisa read the whole thing huh does she have to read the whole thing um yeah I think she's G to have cuz we don't have the weather I know no I'm saying how do you feel do you making making read the whole thing or do you have oh no she's going to read it okay she's more got to open a formal meeting and Y start I was I was hoping and I I knew the answer but I was hoping that maybe we could just post it on the calendar the door in and uh put a notice yeah you can't you can't no no we've had to do this several times oh yeah oh yeah [Music] i' we're on air oh he's got us on okay 7 7 o' um I'd like to welcome you to the lunenberg zoning board of appeals um I have to give you a notification the hearing is being recorded in accordance with the requirements of the open meeting law and broadcast over to lunberg Public Access uh for it will also be on Zoom so if anybody is on Zoom please use the raised hand feature if you would like to speak I'd like to introduce you to the board to my left is Lisa Nan the board secretary I'm Alfred grael James bakosi David blat and Tony necastro the way the hearing will proceed is the applicant will have the opportunity to comment on the application or submission of additional documents you'll please come forward to the mic give your name and address board members will have the opportunity to ask questions that they might have on the application while you at the mic there will be a public comment period if there any public show that uh you'll 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 you this is an appeal from a person AG grieved Massachusetts General Law chapter 48 Section 8 zoning board of appeals the name and address of each applicant appellant or petitioner is John S payo 42 Meadow Lane in lunenberg the hereby the undersign hereby appeals as follows the petitioner is agreed by the decision of the Building Commissioner Brian jingis for the failure to act on a complaint regarding a SE temporary shed SL shelter the complaint was dated August 12th 2024 the proposed action has begun the basis for this application is found in the following section of the lunberg bylaw section 28.2 BC 8.3 bc1 ABC e2a the street address affected are 34 42 and 48 Meadow Lane in lunenberg the name and address of each holder of legal title to the land which is the subject to this case is John S payLo Carolyn J payLo power of attorney life estate 42 meal Lane in lunenberg Mass the date is recorded and with the Northern District registry of deeds book 8378 page 102 and recorded January 5th 2017 if the IGN 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 only email correspondence and phone calls and that's signed on August 27th 2024 John S payo 42 Meadow Lane in Lunenburg um there are several emails back and forth to the building inspector there is a sketch of the shed that's before you tonight there is a zoning compliance form attached there are several photo photographs of the shed in question and there's a copy of the building permit that the permit was issued for the shed back in December 11th of 2012 to the owner at 34 Meadow Lane James Lasser there's a copy of the building permit application a certified list of abutters all whom were notified two weeks prior to tonight and that's all Mr chairman Thank you Lisa you're welcome okay and with that I would invite the applicant to come up to the mic and it's my understanding that this has been resolved well I I'm not sure if it's been Caroline you have to state your name and address before you get started yes so my name is Caroline poo I live at 42 Meadow Lane in Lunenburg thank you um so I don't know if this is resolved um per zoning or po per the building department but um after the zoning um after the letter went out to the abuts um I was informed that uh the shelter had been removed or taken down but I was not informed as to where the directive came from if it came from the town or what department so I think for closure on this because as you may or may not know this is something that's been going on for a little over 10 years um that has been in dispute for that amount of time it's an inherited problem um myself and probably everybody here including uh the building inspectors going back to I think Gary so because of the turnover in town with the building inspector this seems to have just gotten pushed off and pushed off and pushed off um um it has caused a lot of problems for me personally um several no Tres trespassing orders against me through the lunenberg police department um the lassers put up 20 trees after speaking with Adam Bernie back then they were establishing a boundary without getting a land survey uh that was established through letters um but we had really tried to resolve this neighbor to neighbor going back to even 2015 when 48 Meadow Lane uh went up for sale and we were told by the owner at the time that the shelter was going to be removed because he did not want encroachments or encumbrances on his property so we let it go we figured that was going to be handled and it just was never removed over and over again um so then I removed it myself after we had the land surveyed by Dillis and Roy Mr Lasser who was removing my survey Stakes I asked him to stop I removed the shed part of the shed that was hanging on our fence and he got the lunberg police involved and I was charged with a felony of malicious destruction of property okay so this is the problem when something isn't handled right at the beginning and there's no one here at fault but my parents did do everything they could to get this resolved um so uh I appreciate being able to speak and appeal this I really felt like I had been knocking on doors to you know the building inspectors and time was going by time was going by and time was going by and my father was getting more and more upset about this the trees the no trespassing signs and it was basically as we saw it a case of adverse possession why the town allowed this to begin with goes back to Mr Savage we had spoke uh with him at length about it and he said you really need to address this with the town and address it with conservation um which we did and here we are today okay okay um but as of right now the shed is gone I don't know that it's gone I believe it's been taken down um okay but it's it's doesn't it's not there any it's not erect it's not on our fence any longer okay all right so um [Music] if it if it's anyone on Zoom huh Brian's on Zoom oh can you um if Brian would like to speak Brian's on Zoom so Brian if you want to take yourself off soon oh yeah yeah I'm here um so the building department had nothing to do with that being removed um I don't know if there was a director from another department or not but the shed's gone there is no basis for an appeal of anything at this point as far as I'm concerned that's really all okay thank you okay um actually at this point if it is gone the shed is or whatever the structure is gone then there um there there's no reason to overrule anything at this point so um I think maybe the cleanest way is if you just wanted to withdraw and then we would make a motion to allow you to withdraw and take a vote and that would be the end of it okay she should re draw without prejudice without prejudice correct yeah right that would that would allow you to if if if you found a month from that it was erected you would still be able to reopen this that was that was my question is it gone or is it just gone well this is my question too I mean is something else going to be replacing it um and I think at that time then I will be able to um you know dispute it again when it whenever if that happens I'm assuming it's not but again I don't want to assume anything if if that happened right but right now we don't I wouldn't expect it to but um again if he he did he would have to comply with zoning yes okay so if you would uh make if you would ask for a withraw if that's what you want to do I believe at this time um I'll ask for a withdrawal without prejudice yeah without prejudice thank you and I will ask for a motion I'll make a motion we ac oh is anybody else on Zoom that would like to does anybody on Zoom want to speak please either raise a hand or come off mute please right there's nobody from the public here just to let people let home now yep um I'm not seeing anybody that wants to nobody okay so with that I'll ask for a motion I'll make a motion that we accept the request to withdraw without prejudice I second we have a motion the second all in favor I I I and I with that uh this is settled for now thank you very very much thank you for coming good luck everybody get Qui M yeah sir would you like uh a motion to adjourn I'll make a motion to adjourn all in favor second yeah I I I and I