##VIDEO ID:nXEpRE4_5G0## first I have to give you a notification that this hearing is being recorded in accordance with the recommend requirements of the ocean me open meeting law please be advised that this meeting will be broadcast live through local access cable on Facebook live on the public access Facebook page page and will 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 the zoom meeting computer and app users may use the raise hand feature to request to speak I'd like to introduce the board again to my left is Lisa noren she's the board secretary I'm Alfred gel to my right is James asosi Hans winp um Tony necastro and Don gurny um normally we would Lisa would read the application and and other submitted submitted Communications but this is a continuance from uh September 25th concerning an appeal uh of the building commissioner's uh findings so um the applicant will have the opportunity for comments on the application or submission of of additional documents um if you're here you can come forward to the mic give your name and address board members will have the opportunity to ask questions they might have on the applicant while you application while you're at the mic and there will be a public comment period again please come forward to the mic give your name and address and please address all comments and questions to the board and with that I would like to remind everybody that that what is before this board and what's before this board is the petitioners are appealing the building commission is July 24th 2024 decision regarding a shed to the rear of 10 all the way allegedly in violation of the lunenberg bylaw section 250- 5.5 C5 and 250 5.5 C6 so the bo of appeals will be considering um that uh request in front of us and with that Lisa do we have anything new that has come in that we need to read well on October 23rd uh I'm sorry October 11th I received this email from Jill schaer Lisa my client has informed me that they need to extend the hearing date once again therefore please find this email a formal request to continue the October 23rd hearing for one month to November 27th 2024 I do not anticipate the need for for any further extensions but I will keep you posted please contact me if you have any questions whatsoever thank you Jill okay thank you um is it is the applicant on Zoom there uh M sh is on Zoom she is on yes on Zoom oh there you are okay um you're asking for another continuance yes I also emailed um Lisa in followup that um the my client is is working on a plan to move the shed and they've notified the um vendor who installed it to get on their schedule to move it and we anticipate that it will be moved by November 27th your um meeting uh I guess in two meetings so we we were requesting a continuance um at this time anticipating the shed is going to be moved um if you'd prefer we can withdraw without prejudice um with the understanding that if we refile within uh reapply within a year maybe you could wave the fee but I think it might be easier to just um do a continuance at this point okay um I will bring that up to the board but um I'll tell you now we not I that would be the day for for Thanksgiving and I'm don't believe that we're going to meet on that date um so I think I think we have enough information in front of us at this point where we could actually would hear this tonight and come to a conclusion and finally put this to B are you prepared to do that recording in progress we're planning to move the shed so we're not going to be arguing the building commissioner's um decision at this point okay so I I think with that I will ask if the the board wants the continuance or whether they would prefer that we just continue that we continue on with the hearing uh tonight or we could withdraw without we could we could we do have a hearing in two weeks um we could probably I don't think that's a complicated hearing I think we could put it on there but I'm not going to the 27th we're not going to and if we don't use that we'll be in December and I I don't think we need to go that way I don't have any questions um or feelings either way uh if the shed is going to be removed it's almost a moot point if it's to be removed by the middle of November um then there's no need for um you could withdraw this without um Prejudice right we could do that at this meeting we could withdraw without prejudice but then I would request that if we did need to reapply um say within a year or something I don't know I guess that's not even a good point we could we could withdraw without prejudice at at this point knowing that we're trying to get on the schedule to remove the shed and we're just not on the schedule yet and then you guys won't have to continue to any meeting future but if we did need to reapply then we we would be doing it without prejudice okay I I apologize I'm a little bit of trouble hearing it but I I've heard enough uh the Building Commissioner is here so I would like him to come up and comment on it while we're all here before we take any further thank you Bri J building Commissioner of town of lunenberg um yeah we sent the violation notice on July 24th we're 3 months in we've had a last minute appeal initially to delay enforcement action we had a continuance my understanding was they continued they were just going to make it go away we've asked for another continuance of the appeal of the determination that the shed is in violation not they're not appealing to get more time to remove a violation by her own admission it sounds like she's admitting that it isn't viol ation we're here to discuss the appeal of whether or not my my findings were correct I'd like to see that move forward that go that moves forward the board votes whichever way they vote if they vote in favor that this notice was valid and that the shed is in violation then it comes off the board's hands it's a court matter at that point if it doesn't go away if we start issuing fines that's my take on at this point basically it's a prolong prolong if they withdraw without prejudice they're just going to come back and do it again okay that's how I'm starting to read this situation from what I've just heard on Zoom okay thank you okay so I'll bring it back to the board at this point uh what's the board pleasure Mr chairman I agree with the uh building inspector I mean he I mean he's put um a letter together um clearly stating that they're in violation um so I think we should uphold it and vote on it okay I I guess what I'm asking right now is just to continue if anybody's going to make a motion to continue or not um we will after we make this motion thank you um so is anyone going to make a motion for a continuing I don't see what why we would continue it okay I mean if we we think that the building inspector is correct in his decision about the shed being the violation in the first place they've had more than opportune time to move it or at least discuss it if they if if Council wants to talk about it tonight we can we can hear her out and make a decision all right that's my feeling Mr chairman so I'm not getting uh they're not givv me a motion to continue so I think we're going to hear it tonight then we're just going to withdra at this point um I I will work with the building inspector on the timing we we are in the process of working with the shed's um install installer on getting their on their schedule and moving it so we are going to move it it just is not um scheduled yet could you could you repeat some of that I could you talk a little louder we can't really hear you up here um I think there's a problem with the volume in theice can you hear me now can you hear or no yeah yes repeat it again please okay at this point we will withdraw the appeal I I think though that the shed is still there understanding you actually decided whether you know we agree with to build an inspector or not but to withdraw without prejudice it usually goes away in this case it it's still there the shed is still whatever it is on the property it's not been removed so I don't know how we could let you withdraw without prejudice because we are moving the shed we are planning on moving the shed we are working with but you've been planning on moving the shed for months in other words we can't if you withdraw if you withdraw without prejudice the shed's still there it's still in violation tonight tomorrow the next night originally we disagree with the building inspector's interpretation well that's why we're here to hear that tonight correct and either come up with yes or no so my client would prefer to move the shed remove move the shed no matter what whether we are right or the building inspector's right we are going to move shed well then it then it will come out the same if you're going to move the shed if we make a decision tonight then you're going to move the shed anyway and at least it puts it to bed it's it's it's done it's there right now it's in violation or not in violation we don't know because we we haven't finished listening to to all the comment right we will withdraw with prejudice then because we are not arguing against the building inspector's determination at this point we are removing the shed we have decided to move the shed no matter who is right so basically at this point you're admitting that the shed is in violation and that it will we're not we're we are removing the shed at this point without admitting anything we are removing the shed we are working with the vendor that installed it to get on their schedule so that we can move it so then do you have an actual this is moted we're not arguing whether the building inspector's interpretation of the bylaws was well that's where your application in front of us is and that's why we're withdrawing it we withdraw it Mr tman I have a question yeah and it's probably for the board you know the applicant wants to withdraw with prejudice can we put a time limit give her 10 business days give them 10 business days to move that shed I don't think we can because I mean they can come back they could come back and appeal the decision uh building inspector again if we if we give them let them withdraw with prejudice the whole point is if we make a decision they can't come back correct correct right and at this point we would like to work with the Building Commissioner on timing and figure out the best way get the sh I personally am not comfortable with letting you withdraw when it's all sitting before us and apparently has been going on since July and here we are towards the end of October you're telling us you're going to move a shed that we have heard previously that uh this was going to go away I'm moving the shed I'm moving the shed I'm moving the shed and the shed's still there right we we received a letter in July end of July and then we had an appeal par we had a time to in um to research the ISS ISS and we appealed it so there was a period of time where we were researching the issue and then we appealed it and then we were not ready to decide if we were going to argue the case or remove the shed the client has decided to remove the shed that's what they are going to do timing has been an issue because of the vendor that installed the shed not being available and and so do you have a firm date now you have a firm date he's going to move it next Monday well the last my client heard it would definitely be done by the end of November that's why I originally requested a continuance until the end of November so that I could come back and say we've already removed the shed so that was the original idea of the continuance until the end of November because we will definitely be on their SCH by that um again I'll go back to the board if there's any comments on what they're trying to do I personally don't I'm not Mr chairman I think I I think I would vote to uh on a resolution to uphold the decision the July 24 2024 decision of the Building Commissioner okay do I have a second I think that's the issue you know I have to uh go to public comment we've had no public comment so I can't accept a motion yes yes name and address please George Burton 39 Courtland Circle you've seen some of my material that I sent you on this this is a I thank you for coming here tonight you know allowing me to speak honestly this is a very emotional situation for my family my wife would have like to been here tonight she has commitments with our daughters um this I'm very emotional about this as you you know this is actually a fine against us my Association so this is something that's going against me as well I'm here to do the right thing we have internal bylaws that state they should not have a structure I told the trustees back in February this should have been moved we're now in October it's mentally abusive and I'll tell you why it's mentally abusive I got charged $20,000 by the same attorneys and the same trustees that are being represented this individually here for supposedly having something on common land a tarp from an individual that was harassing me that I put up and I have had to get the police to stop and they wouldn't help me we put a tarp up to prevent it I can go into that it's history of that it's disgusting story it's like something you'd see in Florida honestly it's disgusting I ask that they playing games here it's trickery you've seen my material they asked for an extension previously no reason why they're asking for an extension now I ask that the fines go back from the day that they would have gone $300 a day from July and that's going to be against myself think about it it's unrightful it's not a it's not a b it's a bylaw we shouldn't even be in the town right now discussing this we shouldn't have been wasting the town's time we shouldn't have been spending money to notify people twice now you're going to have to notify people three times how much is that going to cost the town I mean think of the whole thing the morals the ethical anything you want to think about I'm going to leave it there I I could go on for days honestly this is disgusting and you're going to allow someone this attorney is helping this guy protect the shed while he's harassing someone else a thank you very much for listening to me thank you um okay I'm going to ask Brian if he has any other comments he would like to [Applause] make i' actually ask the board if we want to go over all the material that was presented or if you guys are already okay with what you have if you want to highlight it that would be fine okay so I presented um prepared a few documents for you guys including some photos um the letter showing when the shed was installed a site plan as built showing 10 Alder otherwise known as exclusive use area 21 um depicting exactly where the rear lot line is scaled and I did bring a rule in case anybody wants to use the scale even um cuz this gets a little convoluted um CU we do not have an accurate plan showing exactly where the shed is but what we have are a series of plans and dimensions that show where the shed is when you extrapolate through all of them so you have exhibit a which is your site plan that shows the ASB built location of the structure of the home itself which shows approximately 70 ft plus or minus to that rear lot line to the common area the 25t common strip that are shown on your additional site plans labeled exhibit D so if we take your exhibit a which is 70 ft and our near map imagery that we're able to Dimension based on how we zoom in and out the same points on the house come to 67.5 n ft so not exactly 70 it's a margin of error of 4% however the shed is located additional at 78 ft well into the common area no matter you depict it we're not talking about a situation where we're splitting here is over 6 in are we too close to a lot line or not the structure according to the bylaw needed to be 50 ft from a lot line that lot line would have been the common area with Elm moid the planning board further granted waivers later um actually modified the decision which Mr buron was a part of allowing for sheds within the exclusive use Area 18 feet from their exclusive use lines and 40 feet from the front setback that would have put the shed approximately 40 ft from again the common lot line with the trust SL common area and the Elwood Road property the shed would have had to be still 40 ft back from that line we are 6 feet plus or minus 4% using the near map imagery not even not even a point of discussion at this point um again we're not talking a matter of inches we're talking a matter of 40 plus feet there off um the second point that they are arguing is more or less a point of intent what was the intent of Natural State because the the planning board decisions never use the term Natural State however they refer to where areas are supposed to be maintained trails in particular there's no Trail identified through that common area that area was supposed to be left intact that's the reason why you have an exclusive use area brought back away from the lot lines it provides a natural buffer zone the shed by being placed disturbs a natural state otherwise known as the buffer zone that was intended under the planning board decision that's the two points that the appellants were arguing and that's where we're at okay thank you if anybody's got any questions for me or if you want a ruler thank you very much okay uh we had public I'm bringing it back to the board um I think first thing is there there any other comments public comments on zo no other comments on Zoom thank you okay so I think first thing we're going to discuss is we're going to hear it tonight we're not going to allow the continue and so we are so the main purpose of what we are deciding on this is was the building inspector correct in his decision that this building is in violation and that's it and that's it okay I say we vote tonight all right so somebody can make a motion that we're not going to continue I think Donald did but I don't believe you make a motion we not okay I I I move that the zoning board of appeals uphold the July 24 2024 decision of the Building Commissioner I want to get the other one out of way first which is that which is that we're not going to allow a continuance well I think by making a motion and voting on it there is no well I think I think we got to put them in order we got to get rid of them or make it in in the motion make sure okay I I move that we do not Grant a continuance tonight of this public hearing I'll second that Mr chairman okay all in favor I I I I I okay with that we there the another motion if there's no other comments I move that the zoning board of appeals uphold the July 2024 decision of the Building Commissioner I'll second that Mr chairman we have a motion in a second all in favor I I I I and I okay and with that we have upheld the decision of the building inspector I do have to tell you that um a copy of the board's decision shall be filed with the town clerk within 14 days any party agreed by on the board's decision May appeal to Superior Court 20 days after the decision is filed with the Town Clerk and that's it thank you Mr chair and thank you board okay thank you thank you good J thank you appreciate it have a good night uh with that uh there is no other hearing so I'll make a motion weour I'll second that all in favor I I I I and I and with that the hearing is over