I move we open the April 17th meeting of the zoning board of appeals second okay polling of members John yes Darlene yes Vicki yes then I'll vote Yes as well so the mo the meeting's open and um so it's a continuation of the Gary Shephard hearing do we need a motion for that move to open the hearing second memb John yes Darlene yes Vicki yes and Bill cigan votes yes as well so open for business um we gotten too far but we did do a inspection and um we didn't really observe any any uh issues with um previous permitted activities and the what's going on there now um so we should just go through this did we already read the mandatory referrals into the record last the first time yes we went through them all I think we um we did the site visit I think we would just um the next thing was waiting for Stan to say what he needed to say present sounds like a plan be ready Stan I'm ready thank you um you've been to the site so you know where it is it's the old amadon Egg farm on Wheeler Road you first issued this permit believe it or not in 2016 and then we extended it in 2019 and then we extended it again and changed the name because Mr Shepard bought it in 2022 and that permit lasts we didn't we didn't extend it in time unfortunately so now we're we're resubmitting an identical package to what was submitted and approved and extended twice already the only thing we changed was we updated the topography to reflect them where it's already been excavated the the final outcome the final grading the erosion control everything else Remains the Same as what you've already approved and before we go any further if I could um I want to apologize that I wasn't able to be here at that last meeting uh me and Technology don't always work well that's all right I I missed the meeting before for the same reason do training classes I had I yeah we're just we're just too old for this technological stuff you know that's a the kids do this like you know getting out of bed in the morning I know so so basically um I I don't have any any changes to report and it as you saw that um Gary's doing a pretty good job keeping the place in order and uh it's in his interest to do that now he owns it so um and other than that there's really there's really nothing for me to report other than we're asking to extend the permit hopefully for another three years and at that point we if he can if he has somebody that wants to buy the material he would be done with this at that point in time yeah okay so um does somebody want to uh incorporate incorporate the previous permit by reference and then we'll think about if if we need any condition should we ask people if anyone else has anything to say before I don't think there's any members of the public here but maybe L's here as a member of the public I don't know just to make sure everyone's heard sure does anybody have anything to say about this project I'm good thanks guys okay hearing nothing I I I'd move to uh extend the special perit and incorporate and incorporate by reference to the previously issue were those specifically the findings of fact from the 2020 decision I think it would have been on the original permit on the 2016 permit because when it got extended I think we just did exactly what you're doing now reference the original conditions well reference typically we would reference the latest one in case there were any changes I don't think they were but I don't think there was either but yeah that would be that's that's fine if they're all the same I don't know if it the only thing that I was wondering is is there a new separate entrance or is that just carried over from the last permit because it it mentions here you have a a separate new entrance area is there there's no the the entrance from from wheeler and onto the site is the same there's just there's a new there's a new area area in front of that new uh front of the new ppre barn that's all okay all right so it's not new since the last permit no okay thank you now there was a mention about dust control in one of the comments have to go back because there's a road there it's already already IND Health yeah the Board of Health commented on that there needs to be some sort of dust control and that and that's be covered in the in the Swip that they're required to follow there are specifications about dust control personally I don't see that there's been any dust problems out there and I don't know if the Board of Health has I think they might have just been commenting that that's something that they need to make sure they take care of L yeah sorry I thought you meant the entrance so never mind my comment yeah the two comments from the Board of Health one was removal of gravel may not create a nuisance condition and two dust controls must be used so as not to create a violation to 310 CMR 7. and I think that that those conditions I those conditions the dust control conditions and the requirement for Swip and all that stuff is in the original permit so I think I think that's belt and suspenders but I think those conditions are already in force yeah right and that's Rick doing his doing his job and pointing that out yeah I um I mean you haven't taken enough out of there to create much dust I don't think so no there's been there's been a little more than you might think but yeah there's still a ways to go um we did have a comment from the land use coordinator I recommend the zba request a construction activity schedule phasing plan to be submitted annually to help monitor activities covered under this permit yeah I was I was thinking um if you could just tell us how many yards of material have been removed you know onas annual basis yeah that would be fine we could do that that wouldn't be a problem great I me it looks to me like the wetlands are pretty well protected I mean um I don't know if if there's supposed to be more there's a big hill there that right so you know any areas where they that they're working there are are protected and when they get around the The Far Side they'll have to add some erosion control back there but there's no work happening back there now and there is an existing order of conditions right okay well those are only good for three years I think or something aren't they orders of conditions now yeah that was extended um I think that was extended last year or the year before so it's still got that still has some time on that permit okay all right all right all right then I move to Grant a special permit to Gary Shepard for the Earth removal application to incorporate the findings of fact I don't know if there's waivers all of the motions and conditions in the previous decisions dated November 22nd 2016 and October 7th 2020 that sound good should cover it you want to put an extension date on the permit as well you want to put a date because it says it's only good for three years so what would you like to ex when would you like it to be renewed with the to include a condition of expiration what do you guys say was it three years another three years yep I believe I believe statutorily it's five years no it's written in the zoning bylaw it cannot be extended past three years okay so then we'll add that condition onto my motion three years that's fine second second there we got a second okay alling the members John wait under any discussion is there any reason that you don't want three years no we'll no we'd take as long as you're willing to give us okay we just don't have a we don't know you know next week somebody could say I need 50,000 yards to fill or two and a half years from now somebody could say that it's just it's all drip Market driven and by the need for somebody to want to want the material yeah so 2027 we'll give you the maximum that the bylaw permits well thank you we would appreciate that all right so there's a second polling the members John second yes um Darlene yes Vicki yes and Bill cigan will vote Yes as well so the motion carries um we have um 14 days to file the decision um you'll get a letter in the mail with the town clerk stamp on the date it was filed or copy in the mail and um you're supposed to record that at the registry of deeds which is available in Lowel these days and um I guess that's it really I don't believe it needs to be record take your evidence of recording to the building department and they'll give you I don't think you got any building department permits for this but whatever just provide evidence to the it's a special permit so it needs to be recorded and I would imagine yeah give the evidence that yeah would you I disagree with there's a 20-day appeal period as well so at the end of that the town clerk will give you a letter certifying that no appeals have been filed so right so that I would keep my hot little hands on that letter as well okay right sign I move wait wait wait I moved to allow Bill cigan decide to sign the decision on no no marene not me because I'm not gonna be around this week so so well I can do it I think yeah all right I move that Darlene we can sign for all of us is there a second [Music] okay pulling the members John yes Darlene yes Vicki yes and Bill kigan votes yes as well Okay cool so we have a way of delivering the decision all right thank you right have a great night thank you bye bye bye by bye now what else do you want from us Beth uh gosh I think that's it uh I did put in the folders if you're interested there are two documents in there um in the comment period just opened one of them is the upw from and it's basically the transportation plan Townson has a corridor study in there um and this is part of the comment period so if anybody wants to jump on and review that and make a comment in our favor that would be awesome so yeah study and then the tip one is in there as well the tip is a little more complicated Town Zen doesn't have any projects in the tip yet although we would like to that's the federal program so federal and state but that's about it um actually yeah uh there is one more thing there is a public hearing I just scheduled for the planning board um the town received a request for a rezoning of 39 Greenville Road from industrial to residential it's going on the town meeting warrant um uh the batm warrant so I just scheduled the public hearing for the planning board on May 6 the night before H town meeting but I just wanted to let you guys know now was that submitted was that submitted by March 1st like it was supposed to be that was that came in I believe April 8th to the board of selectman so it's a yeah that's I I know it says April 8th on it I don't know when the town clerk received it but I just got it today for planning board well please check it out because if it didn't come in on time it's not happening okay well I know the Town Administrator has taken care of that but it's just to let you know no who's uh who's behind this rezoning and this is not scales Lane this is some is this the one in the woods that used to be the capacitor Factory three 39 39 Greenville 39 Greenville Road uh from industrial to residential is the request think 39 Greenville Road nine acres 9.35 Acres yeah what is it currently industrial and I want to what's the current use uh I believe there's a single family home but um I can send you the petition if you want to take a look at it yeah that would be good thank you you're welcome you can also check I watched the board of selectman's meeting uh last night and you can check that uh tape thank you you'll see the discussion okay there was quite a bit of discussion with the board I can imagine yeah they they they are in favor of it being on uh town meeting so just take a look at it well I mean they can't break the rules even if they're in favor of anything you know I mean if the rule is March 1st and it came in in April then it's got to wait for the special town meeting the next next meeting um I would I would say ask Town Administrator and your board of Selectmen okay I I'll talk to Eric about they have a they have a petition and I think from my Beth you can correct me if I'm wrong but from my aspect of it I I originally thought that they didn't even need to do that um that they just needed an anr but um so it should be an interesting conversation anyway it's a learning experience for everyone I'm pretty sure we don't allow residential in um industrial zone so you know we we changed the industrial Zone to allow the golf course that was about as close to residential as we got don't on the golf course don't you be messing with my golf course procedur will take care of procedure that's for sure a statory proed okay okay thank you thanks everybody are we gonna move are we gonna move to close the meeting we move second hold members John yes Darlene yes Vicky yes and Bill kigan votes yes as well okay we're out of business for tonight have a beautiful evening take it easy thank you you too bye bye now bye