##VIDEO ID:meNlX7q0P5Y## to the board to my left is Lisa noren the board secretary I'm Alfred grel James bakosi Tony necastro and Don gurnie um the way their hearing will proceed is Lisa will read the application and any other subun 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 might have on the application while you're 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 with that I would ask Lisa to please read the first uh case i' just let me know on Zoom that we are live mute the zoom are we live are we what's up I just wanted make all set yeah I was muting myself cuz my dogs keep fighting in the background you don't want to hear them this is an application from a person aggrieved Massachusetts General Law chapter 48 Section 8 zoning board of appeals the name and address of the applicant are the trustees of The Village at flat hill via Council Jill M schaer Esquire 50 Courtland Circle in lunenberg Mass 01462 the undersign hereby appealed as follows this is an appeal of the building Comm commissioner's July 24th 2024 decision regarding a shed to the rear of 10 Alder Way exclusive use 21 allegedly in violation of the LUN B's bylaw section 250 5.5 C5 and 250 5.5 C6 there is additional correspondence from the building inspector but since this petition's been filed I received an email on September 4th 2024 Lisa since your board meets every two weeks please continue for one month if that is okay with you I will attend the meeting and request a continuance till October 23rd 2024 thank you and that's from Jill M schaer of morar Bel and and Malloy LLC okay thank you Lisa and with that since they're asking for a continuance till I believe you said the 23rd of October of October um so um you can comment if it's brief were you speaking to me I apologize I um George bur 39 Courtland Circle very we sent an email today to most of you board members I think you all got it I'm representing myself my wife and my family my wife couldn't be here today use her she's taking care of our children at home this is a very abusive ref um application um to petition this all the um an HOA okay we an HOA we a trustee that's now put a shed on common land and and it wants to be protected while the homeowners in this Association that have deeded access to that land do not have have not been notified me myself have not been notified my wife hasn't been notified my neighbors on on both sides of us have not been notified incorrect should everybody even though the states that it's 300 feed around the property that you have to notify individuals it should not it should be everybody that's deed access to that property should have been notified we also have some other issues we can get into at the hearing when it's here but we feel this is very abusive um situation we were charged 20,000 for being accused of putting things on common land which was inaccurate and we never put anything on common land this guy has a shed our bylaws strictly State no no permanent structures can be put on common land so please take that into consideration and we will be here said did you the whole ABS list went out it's pretty disgusting honestly for this hearing the ABS went out per the list that was um attached to the application the 300 foot everybody within 300t that was prepared by the assessor's office yeah if you look at it or 300 we're deed owners of that property this is um it's a little different and and I don't want some tricky my name's been mentioned in this petition we we petitioned the board back in 2009 to have sheds we wanted to put a shed in our property we were denied there were nine sheds in this neighborhood we then went around to the neighborhood to get a sheds we made it that that statement that Mr schaer is pointing to about us States exclusive use area boundaries that's our own individual properties this shed has nothing to do with that so that shouldn't even be considered it should be considered completely that the shed is on common land owned by 44 individuals 44 homes okay and if you can read my email at some point I'd appre appreciate it but I will be back we will we read all of that and so you know I'm sure you'll be coming back on that date so you can further speak to it at that time certainly we'll try to we have to have the applicants everybody here yeah absolutely okay thank you appreciate it thank you okay and with that um I would ask for a motion from the board to continue October 23rd I'll make a motion that we continue was requested to the 23rd of October October second hey second all in favor I I I and I so it is continue to the thank you Mr chair thank you board oh who is who's on can you please identify yourself my apologies schaer uh representing the trustees of the village of flat hill and I was just thanking the board and the um Mr chair for the continuance okay we she attorney yes yes we're all set right yes all set all right we're all set thank you okay okay the next case was scheduled for 710 so we're going to have to wait just a couple minutes huh is it 709 mhm get me a minute to look at this I do with my pen want to use mine see this one here can use mine I stole it from IC uh yeah I think we're all set we can we can uh read the next case okay this is an application for a special permit Massachusetts General Law chapter 48 section 9 the name of address of the applicant is web Motors in web Mo uh I'm sorry web Motors Corp 36 summmer Street lunenberg Mass 01462 the undersign hereby appeals as follows to operate an auto repair and used auto sales at 36 sum Street they were asking for 17 cars for auto repair 53 cars for auto sales and six employee cars the proposed action has not begun the basis for this application is found in the following section of the lunenberg zoning bylaw um section 250 4.1 the street address is 36 Su Street in lunberg Mass assesses map 115 parel 8 the name and address of each holder legal title to the land which is a subject of this case is Peter M Kelly LLC 36 Summer Street in lunenberg Mass the deed is recorded W Northern District registry of deeds book 7171 page 353 and recorded May 7th of 2010 the UND sign hereby has any knowledge of a prior appeal application of petition concerning the land or building involved in the case describe the case and the dates involved in 20 2 there was a special permit granted for auto sales and repairs in December of 2019 a special permit was granted for lunberg Auto Sales the application signed August 26 of 2024 um by glil buo and Tatiana Ola to Silver the special permit questions are as follows the question will the proposed action be injurious or dangerous to the public health or unduly hasard is because of traffic congestion danger of fire explosion or other reasons the response the majority of the work will be performed inside the existing garage bays and away from the public there is ample room on the lot to allow for cars and delivery trucks to enter without affecting traffic on Summer Street there is also ample room when exiting the lot to see in both directions to avoid traffic problems the work being performed should not have any fire in or explosion Hazard stemming from it B the surrounding um I'm sorry the question is will this action have an adverse a material adverse effect on the value of land and buildings in the neighborhood or on the amenities of the neighborhood and the reply the surrounding pieces of property are mostly commercial therefore I do not see any adverse material effects on the local community c will the proposed action be operated with reasonable regard for order and sight if an open use the reply All Storage of materials and parts will be inside the building to limit any sight to the general public also most of the repair work will be performed inside the service Bays to further limit the impact of the public and D will the proposed action produce noise vibration dust odor heat or glare observable at the lot lines in a mon clearly detrimental to the normal use of adjacent property excuse me no you're still not muted okay sorry for the feedback 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 adjacent property and the response is the majority of the work will be done inside the service space there should be little if any noise dust vibration smoke odor heat or glare produced by the work performed at this location only Miner diagnostic tests and road tests will be performed inside the view of the general public it's also a sketch with the layout of the vehicles a list of abutters all of whom were notified two weeks prior to today and there is a IRS document um with web Motors listed dated August 9th 2024 um this commercial Le attached and that's all Mr chairman thank you you're okay with that I would invite the applicant to come to the mic thank you good evening my name is Giani Miranda I'm gonna be helping them with translation okay his name is glossia Ola glassier olera T Ola tan Ola okay um okay you here for the property uh the lot next to the one that we have already talked about previous correct and with all the violations that were going on um we we had discussed and we had um kind of come to an agreement on a much smaller amount of cause for that one lot and the and the condition and was and what we were talking about was that um we really because of all the the uh improprieties that happened that we wanted to kind of give you the opportunity because as you said you were an investor okay one second okay please but anyway again because of all of that what we wanted to do and the condition was what we were thinking of is that you know we would let you have a a much smaller amount of cause and if we had no issues with that if we had no complaints no no more of the monkey business with cards without titles no customer complaints no violations because you actually lost your right on that special permit prior to that because of the violations you have to comply with all local state federal all all of that and it certainly was beyond that um so what we had intended was that you would start that work with the 30 guys go for an x amount of time with no violations none of that and then we said well maybe it can come back so I personally think you're here very M you know prematurely in the sense that you're back here now asking for another 78 Car Plus the 30 which is 108 car so um I'm speaking for myself right now the rest of the board I don't know but I just personally think that you know this I know this still in investigation I know they're still going so I I do think you're here premature because you haven't done anything so you'd haven't shown this board that you were going to correct all of the mistakes of the past I'd like to speak please my name is T my my name is t when when you translate speak up a little bit I I'm a little hot here sorry sorry so this is a a brand new business GL he's partnering in with us we we had no relation with the previous business or with the people that were uh in Prior business let let me interject one thing you say you had no relation but you told us at the last hearing you were an investor and an investor does have a relationship it means that you are putting your money in the back and it doesn't mean you were there daily but that makes you part of the right and I know you're trying to recruit yes I have invested my money in a previous business but because I'm alone I decided to seek help because I'm going to need more money so he's going to invest in the company with me he's going to be help with the money to to invest in cars and I will be with him in this business assisting him working together because glao is also very experienced and he's be using his own resources to buy the cars for the company okay um I I'll open it up to the board for right now what are you planning on doing with the previous approval and law next door that we granted about two months ago we're be working together on both buildings on number 40 he's going to be more in charge of it and I will be more in charge of the number 36 you'll be more in charge of what hello so he's going to be like the general manager he's going to be this isn't the time for public discussion can you read my message uh let me see Miss who is this you think we're waiting for somebody go ahead all right um basically I'm going to ask you why can't you start small with what we gave you nope I still can't hear you yes we can and and I mean you know let's crawl before we run kind of thing you know you're going from 30 to 108 that's a significant when we had the discussion here about the number of cars and cutting it back just to give you an opportunity to at least recoup some of your money we didn't expect you to be back here with this whole new we are we are attempting to get a new license repairs 36 is going to be more for repairs say that again number 36 the business on number 36 is going to be more involving with rep repairs of cars and also we're going to attempt to sell some cars there too you're going to do what we are going to be repairing and selling as well two months ago I came for a different license it was 40 sum Street no I understand the separate lots I'm well aware of that so that's why we are here today to attempt a new license to work more in favor of the repairing the cars as well but yeah but spot for repairs of like 17 you know and the number of you guys for sale is like 70 something so no thank you it that's 36 she just glass I would like to speak please if that's a possibility yeah it's 36 the other Lord is 40 he would like to talk as well if that's that's okay okay my name is GL I have I have I'm 37 years old and I'm single I've been living here in United States for six years Bal um Bal degree and I used to work in Brazil with Sals I have been a manager in Sals for for three years in dealership in Somerville in a dealership in Somerville and now I was invited as a partner in this bus and I see this as a new opportunity to open my own business so I'm here today in attempt to uh get this new license so we can start working in this business I have great ideas in an attempt to help the community to assist the community and also in the business understand that the plan is I have um we plan on uh repair 17 cars and 53 cars to sell and for that we plan on having six employees the intention is to do the same thing that they were planning on doing before we'd like to do everything the right way this time as the law requires okay and our objective is to buy fix it as needed and then resell it with his help I'm going to come in just more like working with him more like as a Helper and he's going to be more in charge of things like a general manager okay I can I can understand what you want to do and all of that but again I have to go back to why can't you start with the 30 because and that LE show us I mean you're not going to run out and buy a correct you're going to go out and buy eight guys for sale no we can start small well I'm I'm I don't know what the rest of the board so I'm going to open it back up to them chairman my opinion this lot is too congested for 70 cars no there's no access from emergency vehicles if something happens you it's not built the 53 cars 17 in the back this just my my thoughts and my thoughts on this case right now so okay so what can we do what's that what's uh what's the possibility I'll be honest with you my feeling is um I I don't think you're ready to be here until you prove yourself with the other lot I'm sorry could you repeat that please I said I honestly think you're here premature and you shouldn't be here at this point until you prove yourself on the lot that we've already given you that's my opinion doesn't reflect the board they can think something different I I'm also concerned that this says 36 sum Street which is the law that she was approved for and you're asking for these other pieces which is on 40 Summer Street two completely different Lots they have 40 already yeah they have 4 already 4 is the one that's Grant 4 is the little one they came for before fin okay 36 is before us now which is the big a lot and has the garage two big garage and 40 is the one next door yeah it's a small one to the left if you're looking for Street okay um then I was confused as to which way they went um care I also agree that I think there's too many uh without AC for the police and fire which um usually um you people that request a permit for such a uh uh proposed facility ask for assistance from the police and fire to make sure that they have the proper way around for the vehicles in in case they're needed in an emergency in the uh building for repairs and or for personnel working on the vehicles so I think there's too many there and as far as um I can see would be a key if you want to resend your choice for the neighboring lot and choose to go with this lot um only so that you have access to repair as well as sales um that would be a better choice uh he would like to speak they are a little bit confused uh can you repeat about the transfer that you said if you wanted to stay on this lot that is bigger versus the water one that was smaller yeah that's yes that's what I what yeah what he suggestion is that the special special permit that we gave you we would he suggesting that we can amend that to move that to the Bigg a lot but it stays the same that's how you start and you'd have to put that in writing and give that to us and then then you could go to the bigger lot but still under the conditions of the original one week and then once you get stab you start doing well whatever down the road and we're satisfied that everything is in compliance and we could could come back yes I understand what you're saying actually in lot 40 we have attempted to apply in so in lot 40 we attempted to uh exchange the name for the business that that you can do without us correctly said no but it was not approved it was not approved we attempted to on the on the one that we have been approved we attempted to uh change the name of the business and bring him over but we could not do that they did not let us well they can change their name right is that right so they had to open a brand new company a different company in order to apply for the license because now he Glo came in as a partner he's going to be the main owner of number 40 and I will be only help him on 36 that I'm already in as a secretary we already have opened a brand new um um Corporation under his name for number 40 so that I may come in with him just to help him out with the administration part but he's the owner so wait a minute so you're what selling him what 40 is that what you're saying yes so yeah before you even do anything you're selling that to him yes number number 40 it's to be what's his relationship with Lot 36 so he's going to come as my partner in number 36 as well and I will be helping him with the administration part okay so he'll be the sole owner of 40 and a partner in 36 yes because they did not let me Al alternate alterate the name change the name the business that I had before so we had to reopen a brand new business under his name only for number 40 so the one that was approved two months ago unfortunately we cannot use it because the name backwell that we had before can could not be Al alterated in so now number 40 is going to be called Web model Inc okay so he's going to be 40 yeah then you're going to have a partnership for 36 and what you are here well actually you've got to transfer the business and all that I mean you got to go through the same steps yes I understand when I came to uh for the application I I could not alterate the name that I had to restart everything over so that's why he already opened a brand new business under his name under his name and from now on he will be the one coming for the meetings with you it's difficult because you came before us that you were going to run it that you were going to do the car that you were going that you had the experience I asked you you said I have all the experience to be able to do this by myself be able and now you're telling me that you're not really doing it he's doing it which is fine but I'm just saying you know it's it still seems like there's a lot of things going on huh underneath this happened because when we first when we first got the license so the previous name Max Alo had too many too much history and I could not change the name and because glao has a lot of experience he has had dealership before so I decided to ask him for help and and offered him to take to take ownership on number 40 and come and help me out on 36 then I I personally would suggest and I mean it's up to you you can do what you want I do have to tell you that there's only four members here we usually have five you have to to get you permanent you need four out of four I will tell you that um if you're going to do this and transfer that one to him that you do that I'm almost going to suggest that you withdraw tonight and that you do that get that out of the way get that part of the puzzle solved because I really think you're here premature I really do Mr chairman just looking at this drawing that you submitted there's not enough eess for the 17 cars in the back the employee cars so you're going to have to come up with a my opinion with a new plan maybe knock it down to 35 but what you're asking for is too much for that lot I I agree thinking you know if we discuss this we're going to knock but I'm not at this point even entertaining uh Mr chairman how many cars were approved for lot 40 was that 30 30 30 okay and so my understanding is absolutely nothing has happened at lot 40 today is that correct sorry correct okay because because you have the corporate name that has a bad history attached to it and you haven't been able to do anything with that so I think what I'm hearing is that glossia would be operating 36 and 40 is that correct yeah okay so I think at a minimum at if if we wanted to continue operating 40 they'd have to come back to put it under GL L's name that's what I'm saying right do do the first step and develop a track history and the this I mean the diagram of this of number 36 is uh it's incredibly congested I mean it looks like you're putting as many cars new unused on that as you could possibly not new unused in repairs you know just doesn't seem feasible and then I can see other issues that would affect the neighborhood right pest control for one thing cars sit for a long time we want to get pest there there's a there's a lot there's a lot in here that just not I have a question so how can we what do you suggest that we do today so we can get this going because we need to work because because because we we are ready to start working we are waiting for this licensing so we can get going and start buying the cars what is the best way the best path for us here so we can we can fix the situation and get going with the licensing right today and and that's why we suggested that perhaps you just go with the first pie you've already got I'm sorry could you repeat that that you've already got is from us you know I the licensing part doesn't go with us all way our zoning strictly zoning so we've already given a special permit for the 30 cars on 40 and that what we're suggesting is you go with that as your first step right just add his name reapply right and go take get that out of the way I suggest on this law 36 tonight if it was up to me I would I would withdraw without prejudice and and see if the board would allow it and then come back at a later date after you do that step okay so you're suggesting that he they drop off what we started before and reinitiate for Lot 36 as well 40 for number 40 the number 40 recently for Lot 36 uh for number we have a question for number Swit the ownership for number 40 just to make it clear how many cars can we have in lot 40 on lot 40 30 30 so if we if we apply for the 30 cars we would be okay with the 30 cars unlock 40 yes if you transfer and you get the license you could do that Mr chairman do they need to if they want to do that do they need to come back to the zoning board of appeals hello no good night everyone is that uh Brian no um you'll have to wait for public discussion yeah you'll have to wait we will have public discussion but we got to finish the questions from the B board first so that you have Mr chairman so the answer is glassel could could start operating at 40 with no further Zoning Board of approval well they still have to we already opened the company reapply whatever you have to do cuz like I say so reapply for 30 for for 30 cars and then he could come back here after you get it going you get it you know and you've got a cck bracket that that uh is a lot different than the one that we have sitting in front of us okay so he's willing to reapply and to drop the number and so what you would do now is you would ask to withdraw Prejudice and that if the board allowed it then you could come back at some point in the future if we vote tonight just so you know if we vote tonight and we deny it you can't come back for two years okay uh so we can just to make sure we can start reapply for number 40 with 30 cars correct okay so after he already opened the uh the business so what's the next step that he needs to do you have to go through right and ask for withdrawal right and that's true you the petition for tonight okay without prejudice so that you can come back in the future and request whatever you want but also um redesign and possibly get approval from the police in fire or access around so that you don't have to go through another Step Beyond that you just one more Point go ahead with the new woman she actually dep we're talking about 40 number 40 correct yeah know I'm talking about number 40 the smaller one number 40 number 40 okay uh one other point actually just one other point actually once you transfer it to him yes you you do have to come back to this board just so that we have the documentation on the new ownership okay so number 40 has been resolved okay now let's talk about 307 okay so so it's good to go after transfer and get a license so he's just asking again so just to make sure we understand so we need to ask for the withdrawal today of this that we presented today correct you have to ask for a withdrawal if you got and then if the petition is granted then he now can go forward uh with the application that for the for that for the business that he already opened and he would have to come back because they're you're transferring it out of your name to his name okay can I just make sure this is all clear yeah absolutely point of order Mr chairman 40 was already granted to Tatiana yes for Maxi Auto you do not want to own Maxi Auto any longer is that the way I'm understanding it correct so you're going to move it to gloss glal is going to open up his own business yes and that means they'll have to come back to this board right for approval yes yeah he will have to come back and as far as tonight if if you withdraw your petition that means it goes away Bill okay if they allow you if you ask to withdraw tonight's petition okay I just want to make sure everybody fees again yeah now it's all online yeah but they should know that yeah that's on them yeah that's on them I like to withdra the application that has been approved two months ago okay and with that wait wait a minute without prejudice you're withdrawing this petition tonight was she correct right what about she has to the other the other one you're not with WR got to re she's just reapplying okay I B once she reapplies you're giving up that anyway right okay so what we're doing is you requested to withdraw tonight's petition for 36 yes so and then you will have to once you transfer you will have to come back and uh then at at some point down the road whatever after that so with that I will ask for a motion discuss oh yeah I'm sorry public discussion please anybody from the public that would like to speak is there only one on here Lisa there's two people on zoom and I don't see anybody would you raise raise your hand if you would like to speak please from on the public on Zoom hello good night hello we need your name address could we have your name and address please name and add address please please Lis Santos 106 Carter Street well Mr Mass thank you go ahead ahead all I would like to say that um my nephew he was a victim of um tatiani and uh Sydney and from last meeting she said she was trying to resolve all the issues from the past and he contact her but she didn't do anything she didn't resolve anything making it right okay did you else follow uh no that's all okay thank thank you okay I would ask for a motion to I Mr chairman I make a motion to allow Tatiana all the Sila to withdraw her motion without prejudice for 36 the street Mass okay thank you do I have a second second all in favor hi and I so this is withdrawn and you can do the transactions and we have a question about 36 what's that they have a question about for okay I think I think we all set okay thank you have a good night call it call I'll I'll make a motion that we adjourn the meeting I second all in favor I and I the meeting is adjourned we're out that okay right off the