2026-09-28 - Zoning Board of Appeals

00:51Good evening everyone. Welcome to the

00:52Shrewsbury Zoning Board of Appeal

00:54meeting for Monday, September 28th. Uh

00:57first up on the agenda is to review and

00:59sign a bill for $271.70

01:03to the community advocate for the August

01:0524th, 2026 legal notices. Can I get a

01:08motion, please?

01:09I move to approve the request to pay

01:12$271.70

01:14to the community advocate for the August

01:1624th, 2026 legal notices.

01:19>> I get a second.

01:20>> Second.

01:20>> All in favor?

01:21>> I.

01:22>> So moved.

01:23>> Next is to review and accept meeting

01:25minutes uh for the July 27th, 2026

01:28meeting.

01:29>> I get a motion.

01:30>> I move to accept the minutes for the

01:33July 27th, 2026 meeting.

01:37>> Second.

01:37>> Second. All in favor?

01:39>> I I so moved. Uh and then lastly to

01:42review and accept minutes for the August

01:4424th, 2026 meeting.

01:46>> I move to accept the meeting minutes for

01:49August 24th, 2026.

01:51>> Second.

01:52>> All in favor?

01:53>> I.

01:53>> I.

01:54>> So moved. All right. Continuing into our

01:56public hearings. Uh first hearing is a

01:58continuation from our August 24th

02:00meeting. Uh here to the appeal of 13

02:04John Street.

02:06>> Yep. This is the appeal at 13 John

02:08[clears throat] Street in the residents

02:09B2 district. Uh Mark Paris.

02:16>> Do you want to um finish just reading

02:18the um for variance?

02:21[clears throat]

02:25>> Here we go. All

02:26right. Uh yes, for this is seeking a

02:29variance from section 7B uh to create a

02:33lot with a lot shaped factor of uh 0.41

02:37where a minimum of 0.45 is required.

02:42>> Good evening. If you could state your

02:43name for the record.

02:44>> Good evening. Sure. Mark Paris

02:46[clears throat]

02:47and um I'm coming for the variance for

02:49the lot on John Street. And you know, as

02:52you know, recently, uh, Governor Haley

02:54passed a law for practical difficulty in

02:58which she expressed the need for more

03:00housing in the state, and this lot

03:04really seems to be what she is looking

03:06for and would provide this state with

03:09the muchneeded housing that they're

03:11asking for. Um, you know, the lot

03:14conforms. It has the frontage and it has

03:17the area. There was a mistake that was

03:20made by the engineer. It's a small

03:21sliver of a piece that does not change

03:23where the house would go um or how it

03:26would be on the street. And it would

03:29provide, you know, a brand new house in

03:33at a much you at an affordable price as

03:36to where um a lot of the new

03:38construction is these days. Um and I I

03:42feel like it would really improve the

03:44neighborhood. I also did um

03:48um I voted for them to [clears throat]

03:51pave the the street as well. So the the

03:54town is going to assess me a $26,000

03:57betterment on the lot as well.

04:00So, um, you know, I I I have a plan for

04:04a house and it would be a nice house

04:06that would conform and really fit in

04:08well with the neighborhood. And that's

04:11why I'm asking for the variance in going

04:14forward with this.

04:19>> Okay, [clears throat]

04:20let's start with just board questions,

04:22comments before we open up to public

04:24hearing. Dave,

04:26>> um, just to I know you were before us

04:29before, uh, just to to go over some

04:31things. This is all your lot and you're

04:34dividing it, correct?

04:35>> Yes.

04:36>> The geometry that [clears throat] you've

04:37chosen.

04:38>> Exact. So, I purchased the house, which

04:40was 11 John Street back in 2022, I

04:44believe. And I separated the lot from

04:48the house. And

04:51when I did, I brought it to the

04:53engineering department and they signed

04:55off on it. They assessed me a street

04:57number and then they were taxing me on

05:00the lot as well. Um, but then when I

05:03went for a building permit, they said it

05:05didn't conform because of the lot shape

05:07factor, which I there there's a um I

05:12downloaded something. I think it's the

05:14second one. I don't know if you can

05:15bring it up, but it shows how the lot

05:18the line could have moved a little bit

05:21and then I wouldn't need a variance at

05:23all. So, the engineer kind of made a

05:26little bit of a mistake there. And um

05:29but it doesn't change where the house

05:31would sit on the lot. Still has the

05:33area. It still has plenty of frontage.

05:35So, um [snorts] yeah, that's

05:40that's kind of the story about how this

05:42all came about. And then uh what is the

05:45purpose of the landscape easement?

05:48>> I I established a landscape easement for

05:51the house on 11 John Street so that

05:53basically his backyard will stay the

05:56same. [clears throat] So he can

05:59landscape it. There's a fence there

06:00right now. He can mow the grass. He

06:02actually uses it. There's a garden on it

06:04right now. He actually does use the

06:07land. So it's basically um attorney

06:11Jason St. Pierre had a whole landscape

06:13bas easement and is deeded. So that

06:15basically he has the right to use that

06:18land

06:19as his

06:26>> um I seem I seem to be a little confused

06:29about the landscape easement. It

06:31currently exists or

06:32>> Yes. Okay.

06:33>> It exists right now. So when I had

06:35>> for 11 John Street that exactly exists

06:38to Yes. Uh [clears throat] to whom or

06:40from whom?

06:41>> Uh from me to the people that live at 11

06:44John Street, the owners.

06:46>> Okay.

06:48>> Yeah. And they maintain it and they

06:49landscape it. I would never have any use

06:51for that land anyway. And it it it is

06:54part of that backyard. And I I never

06:57would have sold the house if I had known

07:00that. that all I had to do was correct

07:01that line because I owned the whole

07:03parcel from the beginning anyway.

07:06>> Okay.

07:08So, we're at a point after where it's

07:10already been subdivided.

07:11>> Yes.

07:11>> Okay.

07:12>> Yeah.

07:12>> Okay. Understood.

07:16I'm all set for now.

07:17>> Okay. Ann.

07:18>> Yeah. So, I think what we're talking

07:20about is a tiny sliver of land with an

07:23opportunity to create another dwelling

07:25for people in Shrewsbury. um which I

07:28think is in compliance with the change

07:30from the stricter standard to the

07:33practical difficulty standard um that's

07:36articulated in chapter 48 section 10. Um

07:40I think you have shown clearly that this

07:44project fits squarely in you know in

07:48what's contemplated under the the new

07:51wording of the law. So I I think it's

07:53appropriate um and I have no problem

07:55with it.

07:56>> Thank you.

08:00Megan,

08:03>> I I don't think I have anything

08:05additional to ask at this point.

08:07>> Okay, Bren.

08:08>> Yeah, I might have one or two.

08:10>> Do Do we What is the current lot shape

08:13factor now?

08:15>> It's 041.

08:17>> So, it's not

08:19But the current survey looks like 462.

08:25No, I don't know where you're seeing

08:27that. It was in and the engineer had um

08:31calculated it and [clears throat] it was

08:3341.

08:36>> Okay. Um

08:42>> so you own who owns the adjoining land

08:45number 11.

08:47>> Um that's somebody that I sold the house

08:50to.

08:50>> Yeah.

08:51>> Yes.

08:53What other alternatives are there? Are

08:56there any?

08:57>> No, there the only other alternative

08:59would be for me to buy some land for

09:02somebody in the back or from the person

09:04on the side, which I did approach him

09:08and I was willing to work with him on

09:10it, but he he didn't want to do anything

09:11with it.

09:12>> So, you don't even think the law is

09:14marketable in it without this variant?

09:17>> Well, it isn't right now. No.

09:19>> Okay.

09:24So, the problem solved with this line

09:26adjustment then. Is that what we're

09:28saying?

09:29>> Well, I could have done that originally

09:31if the if the engineer had just I have a

09:34picture of up there and I'm not sure if

09:36you can show it. It's it's in the

09:38downloads that I have that I

09:40>> So, what was presented last time wasn't

09:43accurate that

09:43>> Well, we didn't present anything last

09:45time because we we moved it to this

09:48meeting.

09:50Okay. [snorts]

10:02>> I don't have many more questions.

10:06>> So, just a couple questions. Um so we've

10:09had a change in um [clears throat]

10:12section 4A section 10 um went into

10:15effect July early July this year which

10:19did change our weighing of a hardship

10:23and so that's the grounds under which

10:25you're coming back to us. You had been

10:27in front of us two years ago.

10:29>> Yes. and it was denied. And this change

10:32um to this um the 40 um a section 10 you

10:38feel reflects a practical difficulty at

10:40this point or practical consideration?

10:42Um I do I do and it and it provides

10:45housing for the state which is what

10:47Governor Haley is asking for and I think

10:49this is the perfect example and you know

10:52again I think it it's the house that I

10:54would really well the house that I'm

10:56going to build there if this does get

10:58approved is you know it's a contemporary

11:00modern split. It's going to fit in great

11:03with the neighborhood right now. I mean

11:04it's just an overgrown big grass field

11:07and it's just there. I mean it it really

11:09is it's not landscaped. It's just it's

11:12kind of an eyesore and you know this

11:14would have a brand new house very

11:16affordable landscaped you know it's

11:18going to it would really I think it

11:20would be a nice improvement to the

11:22neighborhood and then they're going to

11:23pave the street which is I mean it's

11:25going to it would it would be really

11:27nice.

11:28>> Can you just um touch upon the paving of

11:30the street? So the town came forward and

11:32said we're going to pave the street and

11:34you need to agree to a betterment and

11:36the betterment was how much did you say?

11:3926,00

11:40>> 26,000 and I voted for it and I didn't

11:42even have anything. I actually I came to

11:45the meeting and I stood up and voted and

11:46I and I said yes to paving the road. I

11:51you know and I don't even have a lot

11:53there. So the town is going to assess me

11:56$26,000.

11:59>> Got it.

12:00>> And I'm paying taxes on it.

12:02>> Okay. And when you say affordable, tell

12:04give me a around a price point that you

12:06think the house is going to land at. So,

12:08the house is approximately 2,000 square

12:10feet and probably around 800,000.

12:14[snorts]

12:15>> Okay.

12:19>> Okay. Have has you tried to market this

12:23at all? Tried to offer anything for sale

12:25or you don't have any intention of doing

12:27that?

12:28>> I'm not going to build there and live

12:29there.

12:30>> No.

12:31>> You're going to sell it?

12:32>> Yes. Yes.

12:33>> Have you have Have you looked at

12:34marketing the thing just as she sits?

12:36>> No. I you know what originally a long

12:39time ago when I first got it I did until

12:43um until the building inspector came

12:44back and said no you can't build on that

12:46because of the lot chief factor of 041.

12:49>> I see. Okay. Thank you.

12:51>> It's so 045 is what you're

12:54>> required

12:55>> required and most all the surrounding

12:57towns around here are 40.

13:01>> Okay.

13:03Okay. A lot to unpack on this one. Okay.

13:06Any other comments before we move into

13:08public hearing? [clears throat] Okay,

13:10this is a public hearing. Is there

13:11anyone that wishes to be heard on this?

13:13Please, if you could step forward um and

13:15give us name uh right over here. Yes.

13:19>> Name and address, please.

13:21>> Um so, um hello. Hi. Um my name is Flora

13:24Fraga. I live at 12 John Street. My

13:28family and I have lived at 12 John for

13:30over 20 years. I strongly oppose the

13:33proposed building application submitted

13:35by Mark Paris on the lot known as 13

13:39John Street along with many of my

13:41neighbors. [clears throat] As a resident

13:43of John Street, I urge the board to once

13:46again deny Mr. Paris's appeal to build

13:49as it continues to present severe

13:52negative impacts to street safety. First

13:55and foremost, John Street is entirely

13:58unsuited for further development. Please

14:00let me explain. It is currently an

14:03exceptionally small deadend road with no

14:07sidewalk that already struggles with

14:10vehicle congestion. There are many young

14:12children living on John Street.

14:14Introducing an additional residential

14:18development will inevitably lead to

14:20severe overcrowding and create a

14:23hazardous environment. A small dead-end

14:26street with increased traffic poses a

14:28direct threat to public safety limiting

14:31the maneuvering capabilities of

14:33emergency response vehicles, delivery

14:36trucks, and everyday residential

14:38traffic.

14:39Furthermore, the history of how Mr.

14:43Paris's lot came to exist highlights, in

14:47my opinion, a blatant disregard for

14:50traditional zoning laws and questionable

14:54lots splitting practices.

14:56Mr. Paris previously purchased 11 John

15:00Street and subdivided the parcel into

15:02two separate lots. This was in 2022

15:06and sold off the original home to Renato

15:09and his family at 11 John. The remaining

15:12lot, now labeled as 13 John, the one

15:16which Mr. Paris now intends to build on,

15:19was carved out into a highly irregular

15:23L-shape

15:25with a completely useless landscape

15:28easement placed directly behind Renato's

15:31entire backyard.

15:33This configuration appears to have been

15:35made to bypass standard size constraints

15:39and appears to have been executed with

15:42total disregard for how it could affect

15:44the existing 11 John Street property. It

15:47appears Mr. Paris tried to cut the law

15:50in a way that would be favorable to him

15:52to allow him to build. He is an investor

15:55and I question his motives.

15:58Previously, the board has denied this

16:00L-shaped lot as a buildable lot due to

16:03the fact that the L-shaped factor is too

16:06small. Because of this, Mr. Paris has

16:09spent years

16:11pestering Renato, asking that he alter

16:14his property lines for his own benefit.

16:16Mr. Paris even went as far as to asking

16:19Renato for his entire garage, driveway,

16:23and the lit and the land it sits on just

16:25so he could make his own lot big enough

16:27to build. This, in my opinion, is

16:30unprofessional and highly inappropriate.

16:33Renato has continuously said no and has

16:36the right to do so.

16:39Moreover,

16:41Mr. Paris has owned this lot for four

16:43years now and has completely neglected

16:47any basic property maintenance as the

16:49owner. His lot is currently a blighted

16:53eyesore heavily choked with aggressively

16:56overgrown invasive weeds and grass.

17:00Now,

17:02I know that there were some images um

17:04that Mr. Paris uploaded that have not

17:07yet been presented. Um, he presented he

17:10uploaded an image that has not been

17:12shown [clears throat] where he shows I

17:15was wondering if you could maybe bring

17:16it up. It's the last one.

17:20>> I'm sure

17:20>> what what image are you looking for?

17:22>> It's uh an image where he presents um

17:25what the project could potentially look

17:27like the house

17:28>> to the chair. We've seen this.

17:30>> Yeah, we have it in our folders. Is

17:32there

17:33>> can it be put up on the screen? I I

17:36don't have any problem at all with it

17:37being shown.

17:39[clears throat]

17:40>> Can I ask a couple more questions?

17:42>> Let's let her get through that and then

17:44we'll go on to that.

17:44>> I'm almost done, by the way. Once this

17:46image is shown, it's just a little bit.

17:51>> Technology is always fun.

17:54[clears throat]

17:59>> Slow.

18:09Yes.

18:09>> Is that what you're looking for?

18:10>> Yes. Correct.

18:12>> Um, [clears throat] so the images Mr.

18:14Paris um pres that has been presented to

18:18the board today are highly questionable.

18:21I questioned his use of highly altered

18:23and enhanced images that do not

18:25accurately depict the current state of

18:28John Street and his own lot.

18:32um in the picture presented. Um now this

18:36is the picture at the bottom which right

18:40now you can't really see.

18:44Yes. Of the street. Um in the picture

18:47presented my driveway at 12 John is

18:50missing from the picture entirely.

18:5314 John Street is also missing the

18:56driveway and it it is also presented

18:58with a huge tree in the front yard that

19:02does not exist. It was never there. It's

19:04never been there. Um Renato's driveway.

19:08Now, this [clears throat] is hard to see

19:09in that image that size, but if you zoom

19:12in, um it is presented

19:15Hold on. It's depicted as being made out

19:18of some sort of like stone block. It

19:21looks like which his street is not made

19:24out of stone block. I don't understand

19:26why these images were altered in these

19:28way in this way and what he was trying

19:31to portray in this. Um he also presented

19:35a picture of his own lot the one up on

19:39top

19:40um showing a pristine

19:43manicured plot of land. Um, this

19:46deliberately hides the reality of the

19:49overgrown weed choked blight that has

19:51that currently exists due to multi-year

19:55neglect of him not maintaining the

19:58property. [clears throat]

19:59As a longtime resident of John Street

20:01and on behalf of all my neighbors, the

20:03ones present, and for the ones unable to

20:05make it tonight, I strongly urge the

20:08board to deny his appeal to build on 13

20:11John Street. Thank you.

20:13>> Thank you. Can I speak

20:17>> in a minute?

20:17>> Oh, I'm sorry.

20:18>> Minute.

20:19>> Okay. Um, you

20:22>> question. No, thank you. [clears throat]

20:25All right. Um, I need to make sure that

20:27we do this in an orderly way. Um, Fran,

20:30I'm going to go back to you. Do you have

20:32questions about what we just

20:34>> Oh, I have questions for that young

20:35lady. Yes, I do.

20:36>> Okay. Do you want to wait until we hear

20:38all the public? That's fine.

20:39>> Okay. Let's do it that way if you don't

20:40mind.

20:40>> All right. That's great. Wonderful. Is

20:42there anyone else that wishes to be

20:43heard?

20:45[clears throat]

20:45>> Sorry.

20:50>> Um, can I ask you to please step over to

20:52the microphone?

20:53>> No, we cannot. And we need you to

20:55identify yourself and give us your

20:57address, please. [clears throat]

20:59>> I'm Harry Richardson. I live at 17 John

21:02Street. And I've been asked by a lot of

21:05people

21:06um who heard about this the last time we

21:11were here about this piece of land. They

21:14said, "How are they going to build a a

21:15house on here? Where are they going to

21:17build a like a little shed and have a

21:19couple little gardens there?" Because of

21:21that that piece of land that's behind

21:24what was uh this is Provos

21:28property.

21:30It seems like that was just left there

21:32so they could add that strip on to the

21:35other big square that was there to make

21:38it closer to 45 because if uh if they

21:43didn't put that what would they be 38 37

21:47>> okay through the chair please

21:50[clears throat]

21:51>> so uh I was asked to just to come to let

21:54you know that that piece of land there

21:58uh was just uh they said was I didn't

22:01know it was this gentleman, but they

22:03said it was just brought out by some

22:05realtor that that was trying to make the

22:07piece of land that they was trying to

22:09sell larger than it really is. So, they

22:12put that strip behind. It's a a pathway

22:15and it's all overgrown now. It's just

22:18you can't build anything there. So,

22:20that's that's why I'm here.

22:23>> Okay. Thank you.

22:28All right. Is there anyone else that

22:30wishes to be heard?

22:35>> Okay.

22:36>> So, um I think we need to close the

22:39public hearing and move into questions.

22:42>> So, can I get a motion to close the

22:43public hearing? [clears throat]

22:45>> Move to close the public hearing.

22:46>> Did have a question for somebody in the

22:48public?

22:49>> Who

22:49>> did Fran have a question for somebody in

22:51the public?

22:51>> Yeah, but it's going to go through.

22:53>> Okay. Sorry.

22:54>> Yeah, that's okay. Can I get a second?

22:56>> Second.

22:57>> All in favor? I.

22:58>> So moved. All right. So, we're going to

23:00deliberate a little bit here. Fran, do

23:01you want to go first?

23:03>> Yeah. Um, would you like to come back up

23:06here, please, miss?

23:08>> Fran, we can't we can't do that.

23:09>> Can't do that. Okay.

23:10>> It's not a court.

23:11>> All right.

23:11>> So, you have to comment.

23:12>> So, here's the question. I don't know if

23:14the property owner for number 11 is

23:16here.

23:17>> Is he?

23:18>> I'm sorry. The property owner of number

23:2011.

23:21>> Number 11. The guy that owns number 11.

23:23Is he here?

23:25Yeah,

23:27>> you don't have anything to say about

23:29this.

23:29>> Fran Fran Fran Fran,

23:31>> it's for us to deliberate.

23:32>> I can handle this. Fran,

23:34>> no. This is not He had the right to

23:36speak during public hearings.

23:38>> I'll be quiet.

23:39>> I think you I think you need to just

23:41we'll lay out what's on your mind and

23:42then we'll just go through we

23:44>> I think that for the young lady to come

23:46up here and propose to speak for

23:48somebody else issulting to this board.

23:51she doesn't have any authority to speak

23:53for somebody else. That's what I think.

23:55I also think that it's rather ironic.

23:59It's rather ironic that first, on one

24:02hand, we don't want anybody to build a

24:05house there, but on the other hand, we

24:07don't want a vacant overgrown lot. So,

24:10what they're asking the property owner

24:12to do is to do nothing with his

24:14property.

24:16Make it nice. Make a nice lawn for us,

24:19but don't build your own home there. I

24:22think this gentleman has every right to

24:24build a home on property he owns as long

24:26as he satisfies the requirements of

24:28zoning and planning board and town

24:32building inspector. Everybody else gets

24:34a chance to live there except the

24:37property owner. I think that's

24:41I object to that kind of thing. I'm

24:43done. Thank you.

24:43>> Thank you, Fran. All right. Who would

24:46like to go next?

24:48Dave.

24:50>> So, um, where I stand on this, um, is

24:54that,

24:57um,

24:58the bylaws say the requirement is 045

25:02and where you are is 41. [clears throat]

25:05And uh my interpretation of the bylaws

25:09and understanding of the spirit of the

25:11bylaws is that is Drewsbury as a town

25:15through electing town meeting members

25:17and going through the due legislative

25:19process has established that that's the

25:21criteria that has to be met.

25:24The exact lot presented to me for a

25:27variance on this appeal is quite

25:30literally hatchet shaped uh and appears

25:34to be done so in order to achieve uh

25:38conformity uh except for the point 41. I

25:43um

25:45I don't enjoy this situation you're in,

25:49Mr. Paris. uh because I think if you had

25:53uh

25:54better information earlier in your

25:56decision-m process uh that you would

25:59have gone a different way or made

26:02different decisions. Um but be that as

26:06it may, the situation is what it is

26:08before us. The the landscape ement for

26:11lot 11 [clears throat]

26:12uh I feel is

26:15all solely to achieve the purpose of uh

26:19the square footage requirement, right,

26:21which is another element of the bylaws

26:23as set by the town meeting members of

26:26Shrewsbury. Uh you did note other towns

26:29have different uh attributes in their

26:31bylaws. Uh I appreciate that argument.

26:35However, uh that is their ch those

26:37town's choices to have those things. Uh

26:39you could look at Somerville and say

26:40what's their lot size, right? Um and

26:43what's good for West Boilston may not be

26:45what's good for Shrewsbury. So,

26:49uh I am not looking to approve

26:51[clears throat] your [snorts] appeal.

26:52I'm sorry.

26:54>> Okay. Yeah.

26:56>> Um I do think there has been ample

26:58evidence um presented tonight and

27:00previous to tonight that a strict

27:02enforcement of the ordinance or the

27:04bylaw uh will result in a practical

27:07difficulty. Um I think this board can

27:11weigh the benefits to the appellant or

27:13petitioner and balance those against the

27:16public interest including the interest

27:18in supporting the production of housing

27:21against the detriment to public health

27:23safety and welfare of the neighborhood.

27:24We've heard that the uh town is going to

27:27pave the the road. I think the assuming

27:32that one family or even two families or

27:35an extended family were going to live in

27:37this house, I don't think that the

27:39traffic is going to increase in any sort

27:42of appreciable manner. There will be a

27:44few more cars on the street, absolutely,

27:46but not

27:48not dozens of cars. Um and I I think

27:54>> [clears throat]

27:55>> the practical difficulty does relate to

27:58the shape of the of the land. Um, and I

28:02think a strict enforcement would impose

28:04a financial hardship on the appellant.

28:07Um, in that it's essentially rendering a

28:10lot that's unusable. Um, and and for

28:14those reasons, I I think that that he's

28:16met the criteria.

28:18All right, Megan.

28:23[clears throat]

28:23>> I struggle with this one a lot. Um

28:28because I buy both arguments of the

28:32previous board members that they just

28:34bought that they just brought forward. I

28:36can see both sides of this story. Um I

28:38can see the hardship on you that is

28:39created by this lot shape um and the lot

28:44factor being incorrect or non-compliant.

28:47Um, I can also see that it is somewhat

28:51despite the fact that maybe you would

28:53have done things differently, it is

28:55somewhat a self-created hardship um, in

28:58the way that the lot was develop that

28:59was divided. So,

29:02um, [sighs]

29:06I think I'm I'm airing

29:09I'm struggling with the practical

29:10difficulty portion of it. Um, I'm

29:12leaning more towards denial at the

29:14moment.

29:17So, I have fortunately or unfortunately

29:20been on the board for a long enough time

29:22that I recall uh Mr. Paris being in

29:24front of us two years ago and I remember

29:27there was what I would describe a folly

29:30of errors surrounding this. Um there was

29:32an error on behalf of um

29:37some approval of it being um uh an ANR

29:41lot. Um there was uh an error made by

29:45the surveyor I believe. Um all of which

29:50seemed two years ago to be important but

29:53the denial was based on the hardship

29:56that we had to use in our decision-m. Um

30:01so now fast forward to July when we have

30:03a whole new set of criteria that we have

30:05to abide by and the practical difficulty

30:08part of this which is a very legal kind

30:10of very gray area right now really does

30:14consider the shape of the land and also

30:16the financial hardship that would be

30:18involved in the person that owns um this

30:21land. Um, so really what this comes down

30:24to to me, um, I was listened with

30:27interest with how the neighbors viewed,

30:30you know, some consideration. So the

30:32public safety aspect of it and the

30:33traffic, um, I just to me, if you're

30:37going to improve a road and you're going

30:39to be willing to pay a betterment to

30:41make the road a better version of

30:43itself, I think that removes the public

30:45safety concern that I would have. Um,

30:49you know, questioning his motives, um,

30:51Mr. Paris is, you know, he's a developer

30:53to some degree and it is his right to

30:56buy and sell whatever he would like.

30:58It's up to us as to whether we're going

31:00to approve it. Um, you know, what really

31:04has swayed me to be very much in favor

31:08of approving this is the argument over

31:11the weeds and the grass. So, um,

31:14obviously there's no benefit whatsoever

31:16to the appellant to do anything to that

31:18land as it sits right now, but I think

31:21based upon the renderings that we have

31:23in front of us, what you're going to get

31:25is an improvement to your neighborhood.

31:28I think the values in your neighborhood

31:29are going to go up because of what he's

31:31planning to do. Um, so I would say that

31:33to me would be something that's very

31:35favorable. The other thing that I am

31:37considering is we've sat here throughout

31:40this past year and approved hundreds of

31:43apartment buildings in town. Hundreds.

31:46Most of which we wouldn't have approved

31:49if 40B is not something that we have to

31:51work with. Um I would suggest that a

31:55single family affordable home in

31:56Shrewsbury is much more in keeping with

31:59what um our governor is looking for us

32:02to provide in terms of um better

32:04housing. And I know as a professional in

32:07real estate that families are looking

32:09for homes that they can lay down their

32:12roots and live in a nice neighborhood.

32:14And so I am very much in favor of this.

32:16I would um vote right now to approve it.

32:19Um I would also just want to go on

32:21record to tell the neighbors we hear

32:23you. We want to al always listen to what

32:26your concerns are, but I think in the

32:28end you might find that this is going to

32:29be a favorable impact to you rather than

32:31a negative impact. Um so that's how I

32:34feel. Anybody else have any other?

32:37>> I'd have to agree with everybody here.

32:40Um, I don't see a detriment to public

32:42health. You're building a new road.

32:44You're taking an empty, vacant, nasty

32:47lot and making it into a house. Um,

32:52there would be substantial financial

32:54hardship on the property owner. So, I

32:57would be in favor of approving this

33:00based on these findings. [clears throat]

33:04I just wanted to add one thing in the

33:06hope that it might sway the board

33:09members who are on the fence.

33:11Before the law change, the self-created

33:16uh situation was an absolute bar to the

33:20variance, but now it is simply listed as

33:22a discretionary

33:24>> um consideration rather than an absolute

33:27block. So, just wanted to put that out

33:29there.

33:30>> Yes, Lis. And if I may, and Mr. Paris

33:34mentioned it earlier, but in your

33:36documents in uh your drive um under the

33:40application materials, there is a

33:41supplemental document that shows um just

33:45a minor like almost a triangle. It's a

33:47minor sliver that would have provided

33:50the appropriate lot shape factor. Um, so

33:53I although it is an irregular looking

33:55lot with that landscape easement, um,

33:59that would have been, you know, met if

34:01it was just angled slightly differently.

34:03So,

34:04>> so that was the error that the engineer

34:06made and if he had done that and it does

34:09not affect that lot at all where the

34:12house would be the front yard, the

34:14backyard, the sideyard. And you know, I

34:17was really willing to work with the

34:19owner of 11 John Street to the point of

34:22offering to build him a an attached

34:25twocar garage to his home and put a roof

34:28on his house. His house needs a roof.

34:31and if he were to give me uh 10 ft of

34:35land that I needed that would have

34:37conformed easily that I could have done

34:39before. So, I've been extremely willing

34:42to work with them down there before the

34:44road two years ago was going to be

34:47paved. I was going to put gravel down on

34:49the road. So, in in the pictures that

34:52>> this is no

34:53>> Excuse me. Excuse me.

34:55>> I don't even know who we

34:56>> Excuse me. Let's keep it. Excuse me. If

34:59you want to argue outside of this room,

35:01you can do that. But you are not going

35:02to be doing it right now. You are not.

35:04>> I'm not here to argue. I I honestly I'm

35:07I've been in town. I grew up in town.

35:09I've lived in this town since I was

35:11born. I'm not the person that walks into

35:14Dunkin Donuts and people are looking at

35:16me funny, you know. So, and I my

35:19father's a builder in town and he was

35:20pretty reputable. So, I'm you know, I'm

35:23not here to argue with them or fight

35:25with them or any of that, you know. I

35:26mean, it's it doesn't make any sense for

35:29me.

35:31>> All right, I think we're ready for bring

35:34this forward.

35:36[clears throat] Can I get a motion?

35:46I make a mo I move to

35:49approve the petition

35:53>> uh which is brought by Mark Paris

35:55regarding 13 John Street which is

35:57located in a resident's B2 district to

36:00approve the variance from section 7B10

36:04to create a lot with a lot lot shape

36:07factor of 041

36:10where a minimum of 045 is required.

36:14Can I get a second?

36:19>> I'll second that.

36:20>> All in favor?

36:24>> I

36:24>> I

36:25>> I

36:26>> I

36:27>> opposed.

36:29>> Nay.

36:31>> All right. So, uh, passes four to one

36:35vote. Um,

36:40>> okay.

36:41>> Thank you.

36:41>> You're welcome. Thank you.

36:43>> All right. Next on the agenda, this is

36:45to hear the appeal of two Northland

36:48Road.

36:49>> To hear the appeal of uh Christopher

36:52Martinson to Northland Road, Shrewsbury,

36:54Massachusetts 01545 for a special permit

36:56to the Shrewsbury zoning bylaw, section

36:58six, table one to allow an in-law

37:01apartment on property located at two

37:03Northland Road in the residents a zoning

37:05district. The subject the subject

37:07premise is described on the Shrewsbury

37:09Assessor's Tax Plate 11 plot 0890000.

37:15>> Madam Chair, before you start, can I ask

37:17a question of staff?

37:19>> Sure.

37:20>> Is this is an ADU essentially, isn't it?

37:22Why isn't it an ADU?

37:24>> Um, the applicant can talk about why

37:26they're choosing an in-law,

37:28>> but

37:29>> let's get the applicant's

37:31>> as of right. Okay.

37:32>> Yeah. Could you u please state your name

37:34for the record?

37:34>> Yeah. Hi. was Christopher Martinson. Um,

37:37yeah, resident to Northland. Uh, recent

37:40new resident of Shrewsbury.

37:41>> Wonderful. Welcome.

37:42>> Thanks.

37:43>> Sorry. Go ahead, Fran. Do you have a

37:46question for Louise?

37:48>> I I was asking why this is in front of

37:50us. I thought this would be covered as a

37:52matter of right under an ADU.

37:55>> It's up to the applicant to decide how

37:57they wish to build. Um, and an ADU has a

38:00lot more building requirements and

38:02building code that you need to meet

38:04versus an in-law. Um, it's a much

38:06different layout plan. Um, an in-law is

38:10open to the single family home. Um, is

38:13what the applicant

38:15>> that answers my question. Thank you.

38:16>> There we go. Okay. Welcome. And if you

38:20could just let us know what you're

38:21planning on doing, we would appreciate

38:23that.

38:23>> Sure. And I'll try to answer your

38:25question, too. Um, so I I've I just

38:29recently moved back to the United

38:30States. Actually, I've been overseas for

38:31a long time. Uh, for two reasons,

38:33largely for my kids to grow up and go to

38:35school here and to be closer to my

38:37parents. So, we we decided to buy this

38:39house in Northland Road. It has a a 900

38:43roughly 900 square foot area that's

38:45above the garage and the existing

38:46footprint of the house that right when

38:48we bought the house is just uh the

38:50floors are bare plywood like it it not

38:54it's just a raw kind of empty space. So

38:57you know we envisioned this as a

38:58building an in-law for my parents to

39:00live with us. Um not an ADU because I

39:03have no intention of renting it. It is

39:04just for my parents. Uh they because

39:07it's in the existing footprint it's on

39:09the second floor. I think there'd be a

39:10question about egress and access to the

39:13attic. Uh but yeah, under Yeah, I

39:16understand under normal rules 900 ft

39:18would would be allowed.

39:18>> Trying to help.

39:19>> Yeah. No, I appreciate it. I do. Um

39:22yeah, but we yeah, we had been advised

39:23that this is the way we needed to go. Um

39:26so yeah, we planned on building a space

39:28for them to live. Um right now I live

39:30there with my wife and my two children.

39:32Um so we can have a multigenerational uh

39:34household. You're

39:35>> welcome. Everybody seems to be doing

39:37that these days.

39:38>> Yeah. Um, just to make I just want to

39:40make sure I understand all of the work

39:41is going to be doing is going to happen

39:43within the four walls that as they exist

39:45right now.

39:45>> Correct. There's no change to the

39:47footprint of the house. We already have

39:48a threecar garage, so there' already be

39:50a garage space for them. Um, and that

39:52yeah be nothing no exterior work at all.

39:54No change to the height or the

39:55footprint.

39:57>> Okay.

39:59Dave, you want to go first?

40:01>> Uh, I have no questions.

40:02>> Okay. and

40:04>> um just want to make sure that you

40:06actually have explored all your um your

40:09rights to build an ADU and you're you're

40:12definitely want to just go forward with

40:13the inlaw.

40:14>> Yeah, I'd like to go forward.

40:15>> Great. Okay, that that was the only

40:16question I have.

40:18>> I have no questions.

40:19>> Brent,

40:20>> I I I get it now. Um much easier from

40:24your standpoint. Can I ask a staff

40:26question? Does an ADU actually have to

40:28be a separate unit? Yes. from the

40:32structure of the house. It can't be

40:33internal.

40:34>> Oh, no. It can it needs to be separated

40:37through walls, but it can be attached.

40:41>> Attached or internal.

40:44>> I think that's the same thing.

40:46>> Well, okay. All right. Thank you. No, I

40:48have no other questions.

40:50>> Okay. I understand exactly what you're

40:53trying to to do and I uh would be happy

40:56to um approve it. So, any questions? All

41:00right. This is a public hearing. Is

41:02there anyone that wishes to be heard on

41:03this matter? Sir, if you could

41:09name and address for the record, please.

41:11>> Sure. I'm Paul Nap. I live at 122 North.

41:15I'm in a butter.

41:17>> So, welcome to the neighborhood.

41:19>> Thank you.

41:20>> I I don't think we've met yet.

41:22>> No, we have.

41:22>> But this summer, maybe.

41:24>> Uh, yeah, we didn't move in until I'll

41:26address the

41:27>> Thank you. Um, I noticed I thank you for

41:30sending this letter. I wouldn't have

41:32never known. I did look at the the the

41:36records the the the the description

41:39>> and I have a question about he mentions

41:42putting in one or more windows

41:45>> which would be looking right at my

41:47house. So, I'm just curious what the

41:49intention

41:51>> is for moving or putting windows in.

41:55>> Can my can my mother speak?

41:56>> Absolutely. Please.

41:57>> Hi, I'm Christine Martinson,

42:00Christopher's mother. So, in order to

42:03change the space to fit uh a space for a

42:07closet, we have to move a window by

42:10probably 8 in 8 in.

42:13>> Oh,

42:13>> and and and in the living room there in

42:16the living room area, proposed living

42:17room area, there are two very small

42:19windows. We are planning on adding a

42:23making one a double a double window, but

42:25no additional spaces where we're not

42:28already looking out.

42:29>> Okay. So,

42:30>> so it would be it's simply relocating

42:33one in one room, which is um the one

42:36that abuts the property on North Street.

42:39I believe

42:39>> that's me. There's one right behind us.

42:41>> So, it would just be moving that window

42:43over about 6 to 8 in.

42:45>> Oh, okay. I have no problem. I just

42:46wanted to

42:48>> I appreciate that. is if memory serves,

42:51I was going to take a picture, but I

42:52didn't. There are two windows right now.

42:54>> There are.

42:55>> So, one of them maybe the one that's

42:57closer to North Street is going to move

42:58a little.

42:59>> The one that's closer to North Street

43:01will move a little and the other one

43:02will be closed.

43:04>> So, less windows.

43:05>> Less.

43:07[laughter]

43:08>> Keep up the good work.

43:10>> Okay. Um,

43:14let's see. Yeah, I I think I don't have

43:18any other problems.

43:19>> Okay.

43:20>> Thank you.

43:20>> Thank you. I'm glad you came.

43:22>> Can I shake his head? I haven't met him.

43:24>> Sure.

43:24>> Yeah. Nice to meet you.

43:26>> Yeah. I'd like to talk with you, but

43:27>> Yeah, it' be great.

43:28>> No adversary. Just

43:29>> No, no, no, no. Totally understand.

43:31>> We appreciate that. Um, thank you.

43:33>> Any questions for me?

43:34>> No. No. Anyone else wishes to be heard

43:37on this matter, sir?

43:39Name and address, please.

43:41>> Hi, my name is Bdana. I'm actually the

43:44neighbor right across the street. So I

43:46look at Chris's house and we did meet

43:48before. So you know uh my first question

43:51was

43:53and you you are more clear than I am.

43:56Why is this proceeding as um um in-law

44:00special permit versus being just an ADU?

44:03And I think I'm not that familiar with

44:06the but I understand an ADU would have

44:08been no questions asked and this is

44:10going as a special permit but you know

44:12so my main question is I'm looking at

44:15the house. Will there be any

44:17modifications from the front of the

44:19house? I'm looking, you know, directly

44:21across the street.

44:23>> Will there be anything in front of the

44:25house? No.

44:25>> So, this is all internal. There will not

44:27be a special

44:29>> No, like a separate entry for this.

44:31>> No, there the entry will be through the

44:33garage and there'll be an elevator

44:35inside the garage.

44:36>> I see.

44:37>> So, there'll be no additional entrance

44:39or exit. [clears throat]

44:40>> And this is intended for family to live

44:42there and it will not be rented.

44:45>> Yes. That's why we're building an

44:46elevator for my father. I think you've

44:48seen my father. He's

44:49>> okay. Should the house be sold at a

44:52later time? Is there anything in this

44:54permit that prevents it from turning

44:56into a rental unit at a later time?

44:58>> Special permits do sunset with the

45:00current owner.

45:01>> Okay.

45:02>> So, um if that if the next owner were to

45:05they would have to come forward,

45:07>> they would have to come for a special

45:09permit. Correct.

45:10>> Okay.

45:12>> Um I think I'm set. Thank you so much.

45:15Thank you. Anyone else wishes to be

45:18heard?

45:19>> Okay. Can I get a um motion to close a

45:21public hearing, please?

45:22>> Move to close the public hearing.

45:24>> A second.

45:25>> Second.

45:25>> All in favor?

45:26>> I.

45:27>> So moved. Can I get a motion, please?

45:30I'll first make a motion on the waivers.

45:33Mr. Chair, I moved the board to approve

45:36the applicant's request for waivers as

45:39requested from article 3 section 3 plans

45:42of land from the zoning board rules and

45:44regulations for property located at two

45:46northland road with within the residents

45:49a zoning district.

45:53>> Can I get a second?

45:54>> Second.

45:54>> All in favor?

45:55>> I.

45:56>> So moved.

45:58>> Another motion. I move the board to

46:00approve the applicant's request for a

46:01special permit from section six, table

46:04one of the Shbury zoning bylaw to allow

46:06for an in-law apartment at two Northland

46:09Road [cough] in the residents

46:10[clears throat] a zoning district.

46:12>> Can I get a second?

46:13>> Second.

46:13>> All in favor?

46:14>> I so moved.

46:17>> You're approved. Go start building.

46:19[laughter]

46:20>> Excuse me.

46:21>> With permits. Right.

46:22>> I need to understand the difference

46:24between an in-law and an ADU. That's

46:27we're going to have a um a workshop on

46:29that.

46:29>> Good.

46:30>> Okay. Uh next on the agenda is to hear

46:32the appeal of 60 CL Street.

46:34>> This is to the appeal of Kevin Quinn, PO

46:37Box 107, Paxton, Massachusetts 01612 for

46:41a special permit to the Shrewsbury

46:42zoning bylaw, section 6, table one to

46:45allow for a garage and repair shop on

46:48property located at 60 Clus Street in

46:50the commercial business zoning district.

46:53The subject premise is described on the

46:54Shrewsbury Assessor's Tax Plate 54 plot

46:57003001.

47:01>> Good evening. If you could state your

47:02name for the record, please.

47:03>> Madam Chair, Kevin Quinn with Quinn

47:04Engineering. I'm here on behalf of uh

47:07Fortitude and Providence LLC. And with

47:10me tonight is Dan Mitchell, who is a

47:11principal with Fortitude and Providence

47:13LLC.

47:15Uh as [clears throat] as stated, we've

47:17applied for a special permit in

47:18association with a proposed 8,400 square

47:20unit square foot building at this

47:23address. Um the use garages, it's

47:26described in the bylaw as garages and

47:28repair shops is permitted by special

47:29permit. So hence we're here tonight. Um

47:32the site is located in the commercial

47:33business zoning district. Um this

47:36business, this building is an expansion

47:40>> is an expansion of the existing

47:42>> one. We have allowed

47:43>> understood May I say should we wait for

47:46Mr. Manila to come back to hear?

47:48>> We can or not?

47:49>> Okay. I just Yeah.

47:51>> wanted to ask.

47:52>> Thank you.

47:52>> Before we got too far, [laughter]

47:56>> maybe this will be a good

47:58>> We go back and forth. Sometimes our

48:00board members need just a moment. Um and

48:02we've talked to town council and we're

48:04told that keep the door open.

48:05>> It's up Yep. It's But it's up to them

48:07whether they want to hear or not.

48:09>> So maybe we'll just give it a moment if

48:12you don't mind.

48:12>> Not at all.

48:13>> Okay.

48:13>> Yep. Thank you.

48:17[clears throat]

48:18We have a lot of loud people tonight.

48:33>> Can I move it outside?

48:46Take care of business.

49:05>> You signed in the wrong place.

49:08>> It's okay. I think we're okay.

49:10It's on the right side.

49:11>> If you need me to

49:14>> if you just write comma member, that

49:17probably should be okay.

49:21>> I'm not giving legal.

49:23[snorts]

49:26>> There you go.

49:27>> Taking care of some administrative

49:28things while we're waiting.

49:49Okay, we can resume.

49:51>> Okay. The proposed building is an

49:54expansion of the existing Mitchell

49:56differential business which is located

49:57at 380 for um Hartford turnpike. Um the

50:03business has basically had a lot of

50:06success in town and they they look

50:07forward to expanding their their

50:09business. Um the site plan calls for an

50:118,400 foot building, 14 parking spaces

50:14in accordance with the bylaw. Um plan

50:17calls for storm water management in

50:18accordance with the town storm water

50:21bylaw and regulation and the

50:22Massachusetts

50:24um storm water management standards. Um

50:30the um the site previously had an

50:34application for a building at this

50:35location. Um was approved by zoning

50:38board of appeals in 2019. That was a

50:40smaller building. So this is a different

50:42application. Um same property.

50:46>> Um as to the standards of

50:47>> same applicant.

50:48>> I'm sorry.

50:48>> Different applicant.

50:49>> Nope. Same applicant. Same same

50:51everything. Well, I say that he I

50:54believe it was the same applicant, but

50:55it was the same party. If the name may

50:58have been different, but

50:59>> it was the same applicant.

51:00>> Same applicant. Right. Right. Um and

51:02just for the record, Mitchell

51:04Differential has been at this location

51:05for 26 years. Been here for a long time.

51:08Established um business, but I'll come

51:10back to that. Um the proposed use of the

51:12site is is um we think it's appropriate

51:15for this location. It's in a

51:16commercially zoned district. It's right

51:18off of Route 20. And I think

51:22board members may take comfort when

51:24considering this use in that you have an

51:27existing building that already has this

51:29use taking place. You have it's kind of

51:32like a trial run of that use in a in a

51:35new building in a new larger building.

51:38So it it the board I think can feel that

51:40concerns about noise, smoke, vibration,

51:44it's all been kind of tested previously.

51:47So it's a it's not a a new use. It's

51:50just an expansion of the existing use,

51:51if you will. Um there's no public health

51:55risks involved. They will have um

51:57municipal sewer service. They will have

51:59municipal water. As I said, the storm

52:01water is treated in accordance with the

52:03standard. So environmental concerns

52:05really don't don't come into play here.

52:08um as in terms of nuisance, noise, odor,

52:11smoke, vibration,

52:13not really anything out of ordinary for

52:16what's already taking place in a in a

52:18commercial district. Um there's no

52:20nuisance as far as traffic goes. Um we

52:23gave in our brief to the board, we

52:25discuss discussed a little bit about

52:26traffic. Um at the peak hour, you have

52:29something on the order of eight vehicles

52:30coming and going. The nature of the

52:32business is that customers come and go

52:35throughout the day. You know, if you

52:36have like a a doughnut shop between the

52:39hours of 7 and 9:00 a.m., you have a

52:41crush of business. His business, Dan's

52:44business is much more dispersed

52:46throughout the day. So, you don't have

52:47peak traffic impacts um taking taking

52:51place.

52:52Um, I think I'd be remiss though if I

52:56didn't take a minute just to say that

52:57um, Mitchell differential is a is a

52:59success story in town and the fact that

53:01he's coming before the board act asking

53:04to expand and create another building is

53:07testament to the success that he enjoys

53:09and it's it's good for the town and I

53:12think it's obviously good for my client

53:13that this that this project move

53:14forward.

53:16Can I answer questions?

53:19Uh Dave,

53:21>> um

53:23thank you for your presentation. Uh that

53:25was enlightening on a lot of different

53:27areas uh back to back. So allow me to

53:31just uh play catch-up here. Um I'm

53:33looking at the plot plan and I'm noting

53:37that um this is all in that northern

53:40quadrant right up against Clue Street.

53:42There's a lot of other land uh for this

53:44lot that's just not being developed.

53:46Correct. There is there's 50 and 60

53:48clues. Yeah. Um the the this building

53:52the storm water system for this building

53:54extended into 50 clues.

53:57>> Okay.

53:57>> So um 50 clues is a separate parcel of

54:01land but this as I say part of this

54:04property ended up part of this project

54:05ended up entering that property. So it

54:08is it it is actually 50 and 60 clues.

54:11>> Okay. Yeah. And that's the uh the pond I

54:13see at the the rear of the lot.

54:14>> Yes.

54:15>> Yeah.

54:15>> Right. There is a sizable parcel of land

54:17remaining in not not in use.

54:19>> Yep.

54:20>> Right. [clears throat] And um so you

54:23said this is Mitchell Transmission,

54:24correct? Uh

54:26>> yeah, differential and and Mitchell

54:28drivetrain are two related businesses in

54:30that building.

54:31>> Okay. I'm sorry. I'll try to get the

54:34>> correct. Yeah, we're in the same

54:36building.

54:36>> Um and and that was really just a leadin

54:39to understanding better the nature of

54:42the business, right? Um, is this a lot

54:45of uh are there like uh businesses and

54:48vendors that are coming and going to

54:50receive uh things that are done or is

54:53this like you know uh to your average

54:56consumer?

54:56>> I can give you the market.

54:58>> I'll give you the quick lowdown. We

54:59basically rebuild differentials which is

55:03fancy term for a rear end of an

55:05automobile.

55:07>> Um we do some we rebuild them and they

55:10ship out. uh doing some now for the

55:14Washington DC Senate subway system and

55:17then I also do things like the DPW for

55:20Shoesbury will bring a truck.

55:22>> So we rebuild. So we have lifts in the

55:24building we're in now which um is on the

55:27other side of Clues. It's about 100 ft

55:30away from where this one will be. Um and

55:33we book about eight vehicles a week. So

55:36because there to rebuild a differential

55:38is a full day job,

55:39>> right? So, we get your average person.

55:42We get, you know, fire departments and

55:46not a lot of customers in and out. Like,

55:48uh, Kevin said, it's it's one to two

55:52jobs a day that gets done.

55:54>> Okay.

55:55>> U, but we need the space to do it. And

55:56right now we're I'm renting Mitchell

55:59differential is renting space in that

56:00384 Hartford turnpike building

56:02>> and and we're okay with our space, but

56:05the plan, you know, six years ago was to

56:07build this um so that we had more space

56:12and we ended up getting busier and now I

56:14need a little more space.

56:16>> Okay.

56:17>> No, that that that's very enlightening.

56:18I think it really illustrates the

56:20difference between like you're not like

56:22a quick loom uh garage repair shop. This

56:25is more really specialty.

56:27>> Yeah, specialty.

56:28>> We we get a lot of our customers are

56:30other garages.

56:31>> Yep. Yep.

56:31>> Send us work.

56:32>> Yep. Understood. Um

56:36>> and we've been doing that since well in

56:39Grafton and then we moved into that

56:40building in 2000. Um so 26 years we've

56:44been doing that. I the Mitchell

56:46Differential Company began in O2, but

56:49before that it was Mitchell Drivetrain,

56:51which is in the same building.

56:52>> Yep.

56:53>> We were one company. Now, we're two

56:54companies, but

56:55>> Got it.

56:57>> Same things we've been doing.

56:59>> Okay. I may have more questions after

57:01public comment.

57:02>> Yeah.

57:04>> Good evening. Thank you for your

57:06presentation and apologies. I need help

57:08understanding where this is going to be.

57:11So, as I drive down Route 20, I know

57:13there's a long gray building that says

57:15Missile Mitchell differential.

57:17>> That's the one we're in now. Yes.

57:19Correct. Is is that the building in is

57:23are you building on the green space

57:25that's next to that?

57:26>> If I may, if I may, I could point on the

57:29plan to where if that helps you to

57:31locate it

57:33>> first. Is the long gray building going

57:35away or is that still the the existing

57:39business will remain and this is an all

57:42new building that will be part of that

57:43business?

57:44>> Okay. And where is the new building in

57:46relation to that long grade building?

57:48>> Good question. If Clue Street runs, it

57:51intersects with with Route 20, if you

57:52will. Right.

57:53>> This the proposed building is directly

57:55across Clue Street from that existing

57:57building.

57:58>> Are you

57:59>> Are you familiar with Knights Limousine

58:00building?

58:01>> Yes,

58:02>> Mike. That acre that we're building on

58:05it abuts Mike Hogan's property, Knights

58:07Limousine. Matter of fact, a lot of his

58:09stuff he uses currently that lot, but

58:11it's going to go right very similar to

58:14how his building is situated.

58:16>> Okay. Um,

58:17>> and will there where will the entrance

58:21and the exit to your new building be?

58:23Will it be on Clue Street or on Hartford

58:25Turnpike?

58:26>> On on Clue Street. There's actually a

58:27little entrance road um to the left. If

58:30you look at the site plan to the left,

58:32you can see that little turn.

58:35>> Okay.

58:36>> Yep. [clears throat]

58:37>> Is that my arrow? Yeah,

58:38>> right there. Okay.

58:40>> Okay. Thank you. Yep. And so then where

58:42is that in relation to Best Auto?

58:47>> They're down across 140. They're

58:49actually the other side of Clue Street.

58:52>> Okay.

58:52>> Best Auto Body.

58:53>> Okay.

58:54>> Right now there's a parking lot.

58:57You kind of can't see where that Yep.

58:59That's parking lot where your arrow is.

59:03>> Okay. Okay. Thank you. Thanks. That's

59:06all I have for now. Megan,

59:10[sighs]

59:10>> I think most of my questions have

59:11already been asked.

59:12>> Okay.

59:14>> Oh, my turn.

59:16>> Yes, your turn. A

59:17>> lot of it's been asked and answered. Um,

59:19no work outside, right?

59:21>> No. Um,

59:24these are primarily automobile and light

59:27truck. There's no triacles coming in

59:30here or anything like that.

59:31>> No. The biggest equipment that we can

59:33handle with our lifts is like a UPS. You

59:36know, the package car truck,

59:37>> the little brownies

59:38>> brownies they used to call them.

59:39>> Truck.

59:40>> That's the biggest we can handle and we

59:42don't do a lot of those.

59:43>> Okay. Um

59:46would you have a lot of customer

59:48vehicles outside or

59:54>> a lot of our work customers are other

59:55garages.

59:56>> Okay.

59:57>> So like for example RANs Automotive,

59:59they've been in town forever. if they

1:00:01have a good customer and the

1:00:02differential needs a rebuild and the

1:00:05vehicle is not drivable, they'll drop it

1:00:06off. So, sometimes I'm going to say

1:00:10eight to 10 vehicles will be there

1:00:12waiting to come in.

1:00:13>> And you have 16 employees.

1:00:16>> No. Uh, currently I have including

1:00:19myself six.

1:00:20>> Oh,

1:00:21>> we're not we're not that big.

1:00:22>> I got 16 from somewhere. No, [snorts]

1:00:28>> there's no issues between 50 and 60

1:00:30ownership.

1:00:32>> No, my father owns 50. He he uh

1:00:35purchased it years ago from um the

1:00:38person that bought it from WD Smith.

1:00:40>> I see.

1:00:41>> And I ended up with an acre of that lot

1:00:45>> to develop, you know, my business into.

1:00:48>> Yeah, I understand.

1:00:49>> And then CO hit and everything changed.

1:00:52But your building proposed building

1:00:54crosses property lines.

1:00:56>> No, it's strictly on that side which

1:00:59what the uh

1:01:00>> if I may though,

1:01:01>> I'm just afraid if properties change.

1:01:04>> If if I may, sir. Um but the the

1:01:06property the development does cross the

1:01:08property line. There's a storm water

1:01:10system that's actually on 50 CL Street.

1:01:13It crosses over the the property. The

1:01:15building is entirely located on 60, but

1:01:18the the storm water system crosses over

1:01:20that property line. What happens if 50

1:01:22gets sold and he doesn't want that?

1:01:24>> He has an easement.

1:01:24>> I have an easement.

1:01:25>> Easement.

1:01:26>> Yes.

1:01:26>> Permanent.

1:01:27>> Yes.

1:01:27>> Permanent.

1:01:28>> Um

1:01:30the 500 ft measurement. Is that relevant

1:01:33here? School

1:01:36schools.

1:01:38There's a

1:01:39>> um I can take a look.

1:01:42>> Yeah,

1:01:45I think so.

1:01:48There's a runoff from storm water

1:01:52identified on the drainage

1:01:54>> 2718 square feet. Where is that going to

1:01:57go?

1:01:58>> The the runoff it it goes directly out

1:02:01back and eventually it ends up there's a

1:02:03wetland

1:02:04>> further to the rear and that's where the

1:02:07ultimately where storm water goes.

1:02:08>> Oh, it's not going out on the uh Clue

1:02:11Street Hartford turn pike and No, it's

1:02:13going

1:02:13>> No, it goes out to to the rear, sir.

1:02:15>> Okay. Thank you.

1:02:17Um, Concom have anything uh to say or

1:02:23they're all nothing with conservation

1:02:25commission.

1:02:26>> Yeah,

1:02:26>> if if I may that none of our work is

1:02:29within 100t of wetland.

1:02:30>> Okay.

1:02:32Building and everybody's okay. Okay.

1:02:37[sighs]

1:02:39>> Okay. I'm done. Thank you.

1:02:41>> All right. So I just um so you came in

1:02:44front of us in 2019 and then as you said

1:02:47COVID hit and that's why you never

1:02:48completed the project and here we are se

1:02:51six or seven years later um you know we

1:02:55learn something new every time we have a

1:02:56hearing differential I always associated

1:02:58that with math so [laughter] taught me

1:03:01something that I didn't know um

1:03:04>> now I'm really curious it's not a math

1:03:06lab you'll have to Google

1:03:07>> I am totally going to Google it I think

1:03:08it's um interesting that we have

1:03:10businesses business in our town that

1:03:12have, you know, good economic impact and

1:03:15um a good thriving business. So, we like

1:03:17that. We want to support businesses. You

1:03:20know, the criteria that we have to look

1:03:21at um to your point earlier, we have to

1:03:24make sure that there's no additional

1:03:26noise, odor, smoke, vibration, traffic

1:03:29generated. There's already proof of

1:03:31concept there. You're already operating

1:03:32this business as it is. So, to me, we've

1:03:35already met and exceeded that threshold.

1:03:37Um, you know, I I don't see any issue

1:03:40with it at all. So, I personally have no

1:03:42no concerns whatsoever. Um, okay. So, I

1:03:45think that gives us uh time for the

1:03:47public hearing. Is there anyone that

1:03:49wishes to be heard on this matter?

1:03:51[snorts]

1:03:52All right. Can I get a motion to close

1:03:54the public hearing, please?

1:03:55>> I move to close the public hearing.

1:03:57>> Second.

1:03:58>> All right. All in favor?

1:03:59>> I.

1:04:00>> So moved. Can I get a motion, please?

1:04:03I move to approve the appeal of

1:04:10sorry just getting the right one here.

1:04:13>> 76 less.

1:04:15>> Oh, thank you.

1:04:17Is that it? No, I said deck.

1:04:20>> Oh, I'm sorry. 60 Clues one top right

1:04:22there. Sorry about that.

1:04:23>> Sorry. Apologies. Approve the appeal of

1:04:25Kevin Quinn at 60 Clue Street for

1:04:27commercial business uh for a special

1:04:30permit

1:04:32related to section 6 table one to allow

1:04:35for a garage and repair shop.

1:04:37>> Can I get a second?

1:04:38>> Second.

1:04:39>> All in favor?

1:04:40>> I moved.

1:04:42>> Perfect. Thank you so much.

1:04:43>> Do some differentiating. [laughter]

1:04:45>> You may need me one day.

1:04:47>> I probably will find myself needing it

1:04:50tomorrow. You know, it's one of those

1:04:51things. [laughter]

1:04:53All right. Next up on the agenda, uh, to

1:04:56hear the appeal of 76 Lakeside Drive.

1:05:00This is to hear the appeal of Edward

1:05:02Melo of 76 Lakeside Drive, Shrewsbury,

1:05:04Massachusetts 01545 for a variance to

1:05:08the Shrewsbury zoning bylaw section 7,

1:05:10table two, to allow for a deck to be

1:05:12built 6 feet and 4 in from the sideyard

1:05:17setback where 10 ft is required and a

1:05:19special permit to section 4B to expand a

1:05:23pre-existing non-conforming deck on

1:05:25property located at 76 Lakeside Drive,

1:05:27residents B2 zoning. district. The

1:05:29subject premises described on Shrewsbury

1:05:31Assessor's Tax Plate 51 plot 1 19200

1:05:350.

1:05:37>> Good evening. If you could state your

1:05:38name and address for the record, please.

1:05:40>> Good evening. Uh Edward Melo, 76 Lake

1:05:42Drive, and this is my wife, Andrea.

1:05:45>> Andrea Melo. Good evening.

1:05:46>> Good evening.

1:05:47>> Good evening.

1:05:48>> All right, take it away. If you could

1:05:49tell us what you're doing.

1:05:50>> Yeah, so uh we're looking to extend our

1:05:52deck. We have a 10 by 25 deck that's on

1:05:55the existing house now. Uh we're looking

1:05:58to extend that around the oh there we go

1:06:01around the rest of the house along the

1:06:04left side of the house and then where we

1:06:07will put a hot tub on that left side of

1:06:09the house. Um the existing deck uh will

1:06:14remain as is. We will just be replacing

1:06:16the composite boards that are there

1:06:18right now with so we can run the

1:06:20composite all the way across onto the

1:06:22new deck and around the left side of the

1:06:24house. Um the new proposed deck does not

1:06:26go any closer to the lake. We've been in

1:06:29front of the the lake commission, not

1:06:30lake commission, the conservation

1:06:32commission um a couple months ago. Um

1:06:35and um and as this new deck comes around

1:06:39that that left side of the house, we

1:06:42like you say, we we uh encroach in on

1:06:45that 10-ft setback on the corner of the

1:06:48of the property line. So, um there's

1:06:53as of so for the the purpose of this

1:06:55deck is twofold. One, we want to extend

1:06:57the deck because it's we just want a

1:06:59larger deck. And second is because we

1:07:00want to have the hot tub. Um the hot tub

1:07:04as far as trying to locate another

1:07:06location for that. Um the backyard is

1:07:09about 9 ft vertically down from grade.

1:07:13Um so it's kind of a hardship. We could

1:07:15crane it in the hot tub, but we wouldn't

1:07:17be able to move it once it was down

1:07:18there, and it would have to fall

1:07:20underneath the deck. Um, the right side

1:07:22of the house is um from our house, our

1:07:25foundation to the foundation of the of

1:07:27the house next to us on the right side

1:07:29is about 18 feet or so, 17 feet. Um, and

1:07:34it's decrepit and and it's run down and

1:07:37all of that. So, there's no one living

1:07:38in that house as of right now. So, the

1:07:40nice thing about the left side of the

1:07:41house is there is all the the driveway

1:07:43already extends there anyways. We'd have

1:07:45to put down a a concrete slab obviously

1:07:48for that hot tub, but it's it's a

1:07:50parking spot, I guess, if you will. We

1:07:52have a three-foot retaining wall that

1:07:53runs along that whole 101 ft, you know,

1:07:56all the way until that um point of that

1:07:586'4 is about 3 foot tall. And then we

1:08:02have um a whole row of arbor vites that

1:08:05have been there since the house was

1:08:06built 30 years ago. They're about 12 to

1:08:0815 feet tall. They're very good. Very

1:08:11good blocker. Yeah. I mean, you can't

1:08:13even see the other house. And nice thing

1:08:15is is is the house on the on that left

1:08:17side is set the furthest away from the

1:08:21house, which makes it nice. So, um we

1:08:25did originally I wanted to make the deck

1:08:27a little bit bigger, but I you know,

1:08:29that was kind of pushing it a little

1:08:30bit. So unfortunately this corner I mean

1:08:32we could chamfer it um but it would it

1:08:35would create for a very small kind of

1:08:37walkway as you go around that deck. So

1:08:39um that's kind of where we're at here.

1:08:41So that's where we're asking for that

1:08:43variance for the for that setback.

1:08:46>> All right. Thank you for that very good

1:08:48explanation.

1:08:49>> Dave questions.

1:08:51Um [clears throat]

1:08:56I I'll start with some comments uh and

1:08:58then questions will probably come up.

1:09:00The um it looks very well thought out uh

1:09:03your your proposal here. The um

1:09:08everything makes a lot of sense. My

1:09:09initial concerns were with like egress

1:09:11to the rear of the property, mostly from

1:09:13like an emergency response perspective,

1:09:15but that's something that I'm certain

1:09:16the building department through building

1:09:18inspector would uh ensure is satisfied.

1:09:23>> Yeah, we actually do have along the

1:09:25right side of the house, there is a

1:09:26walkway and a gate to go down to the the

1:09:29back side. So, the good thing is you can

1:09:31still get down there through the

1:09:32>> Yep. And then there is the the stairwell

1:09:34uh over that's going to be on the um the

1:09:37hot tub side. Correct.

1:09:37>> Correct.

1:09:38>> Yep. So, it's like both sides.

1:09:40>> Um,

1:09:42and

1:09:45>> yeah, from that, no, no questions.

1:09:47>> Okay, Ann.

1:09:48>> Yeah, I think it looks like a really

1:09:50nice project. I don't see how it would

1:09:51be detrimental in any way. So, that's

1:09:54good.

1:09:54>> Great.

1:09:56>> I am quiet tonight, but I also don't

1:09:59have any questions. I'm good.

1:10:00>> That's good. [laughter]

1:10:03>> Fran,

1:10:04>> hi. I tried to follow what you were

1:10:06saying there, but could you explain to

1:10:08me why the wraparound couldn't be

1:10:12configured to preserve the 10 foot

1:10:16again?

1:10:17>> Could you explain it to me?

1:10:18>> You mean you mean so we wouldn't uh so

1:10:21that 6 point 6'4 wouldn't

1:10:23>> Yeah. I mean,

1:10:24>> why can't we get 10 feet? Let's put it

1:10:25that So it so if we to if you took that

1:10:28that 101 um property line and then just

1:10:31offset that 10 ft. Yeah.

1:10:33>> So that would cut into that deck. So you

1:10:35it would chamfer that corner off, but it

1:10:37makes for a very thin section because as

1:10:39you can see the chimney right there. It

1:10:40makes for just a small section in there.

1:10:43>> It's hard for me to tell based on this

1:10:45how thin that section would be.

1:10:47>> It it is it is hard to see that.

1:10:49>> It seems to me that that's an

1:10:50alternative that

1:10:53>> might be something to be considered. Um

1:10:56[snorts]

1:10:56>> yeah, the the what we're hoping to do

1:10:58with that having a squared off is so

1:11:00from a par patio furniture perspective.

1:11:02So the existing deck which is 10 by 25,

1:11:04we'd like to add some more patio

1:11:06furniture. So if we kind of chamfered

1:11:08that corner like we're talking about, it

1:11:10would just cut into that a little bit.

1:11:12>> Yeah, I understand. Um we're not talking

1:11:15about the hot tub here at all. We're

1:11:17only here for the deck.

1:11:19>> Just the deck. Um there's

1:11:22some existing arbora.

1:11:25>> Yes.

1:11:25>> Um they belong to you.

1:11:27>> Yes.

1:11:28>> Or on your property.

1:11:29>> Yes. Okay.

1:11:29>> Well, actually half are on mine and half

1:11:31are on theirs. It's kind of expanded

1:11:33over 30 years. They've gotten thicker

1:11:34and wider and gone to bigger grew on

1:11:37you.

1:11:38>> Yeah.

1:11:39>> Okay. Um

1:11:42hang on a minute.

1:11:44That's a small lot. Jeez.

1:11:47>> Yes, it is a very small. There's not

1:11:49many options here. We've we

1:11:50>> do the best we could.

1:11:51>> Yeah, exactly.

1:11:57>> I don't have any more questions.

1:11:59[snorts]

1:11:59>> Okay. Um, so to me, it's like a

1:12:02topography situation.

1:12:04>> Exactly.

1:12:05>> That that's it plain. [clears throat]

1:12:07>> Um, and in this case, we'd be looking at

1:12:09a variance and a special permit, and I

1:12:11don't have an issue with either of

1:12:12those. So, um, all right. This is a

1:12:15public hearing. Is there anybody that

1:12:16wishes to be heard? Oh yes,

1:12:18>> you could um step forward if you could

1:12:19state your uh name and address for the

1:12:21record please.

1:12:22>> Uh yes, my name is Way Chen. I'm the

1:12:24owner of 12 Robson Drive. I have been

1:12:27there more than 16 years. So thank you

1:12:29so much. Give me the letters. So I just

1:12:33my concern is if grading this special

1:12:37permit for a non-conforming deck would

1:12:39affect my property rights or my ability

1:12:42to make a future improve to my own

1:12:45property. So because the view is high

1:12:48and it's corner. So if we increase our

1:12:51uh or add my building's narrow or change

1:12:54my shared does affect my

1:12:59>> I think your question is if if we

1:13:01approve this does it have any impact on

1:13:03your property?

1:13:04>> Yes. Yes.

1:13:05>> And there would the answer would be no.

1:13:06>> Oh that's wonderful.

1:13:07>> You still have to abide by

1:13:09>> okay

1:13:09>> zoning bylaws. Okay.

1:13:10>> Um and if you didn't you'd have to come

1:13:12in front of the board just like they are

1:13:14coming in [clears throat] front of us.

1:13:14>> Okay. Wonderful. I understand your

1:13:16question.

1:13:16>> Okay. Thank you. Thank you.

1:13:18>> Anybody else that wishes to be heard on

1:13:20this matter?

1:13:21>> Okay. Can I get a motion to adjourn the

1:13:24public hearing, please?

1:13:25>> Move to adjourn the public hearing.

1:13:27>> Second.

1:13:27>> Second.

1:13:27>> All in favor?

1:13:29>> I.

1:13:29>> So moved. Can I get a motion, please?

1:13:32>> Are there any waivers?

1:13:33>> Uh waivers.

1:13:36>> Yes. Uh section

1:13:39>> three section article three.

1:13:41>> There you go, Megan.

1:13:43>> Thank you. names and addresses of

1:13:45directors.

1:13:46>> Got it. It's coming.

1:13:48Uh I move to

1:13:51the board to approve the applicant's

1:13:53request for waiverss as requested from

1:13:55article 3, section 3, plans of land from

1:13:58the zoning board rules and regulations

1:14:00for property located at 76 Lakeside

1:14:03Drive within the residents B2 zoning

1:14:05district.

1:14:07>> Second.

1:14:08>> All in favor?

1:14:09>> I.

1:14:10>> So moved. And I move the board to

1:14:13approve the applicant's request for a

1:14:14variance from section 7, table two of

1:14:18the Shrewsbury zoning bylaw to allow for

1:14:20a pre-existing non-conforming deck to be

1:14:22built 6 feet and 4 in from sideyard

1:14:25setback [clears throat] where 10 ft is

1:14:27required at 76 Lakeside Drive within the

1:14:29resident's B2 zoning district.

1:14:31>> Second.

1:14:32>> Second.

1:14:32>> All in favor? I

1:14:34>> I That's the variance and then we need

1:14:36to do the special permit. Uh, I move

1:14:40that the board approve the applicant's

1:14:42request for special permit from section

1:14:454B to expand the pre-existing

1:14:47non-conforming deck at 76 Lakeside

1:14:50Drive.

1:14:51>> Second.

1:14:51>> All in favor?

1:14:52>> I.

1:14:53>> So moved.

1:14:54>> Okay.

1:14:55>> Did we do everything right?

1:14:56>> I think so.

1:14:56>> Okay. All right. Thank you. Go build

1:14:59your enjoy your hot tub.

1:15:00>> Thank you. [laughter]

1:15:03>> Okay. Um,

1:15:05last on the agenda, we have a request

1:15:08for continuance um on the um

1:15:13957 Boston Turnpike.

1:15:16You want to read the legal little legal

1:15:18description on the continuation?

1:15:21>> Uh, this is

1:15:22>> legal notice needed.

1:15:23>> Don't need it. Okay.

1:15:24>> No, but just continue to

1:15:26>> All right. Uh, can I get a What is the

1:15:28date certain? 20

1:15:30>> I think it's the 26th.

1:15:32>> 26th.

1:15:32>> Yeah. I move to continue the matter for

1:15:36957 Boston Turnpike to October

1:15:41206

1:15:442026.

1:15:45>> Second.

1:15:46>> All in favor?

1:15:47>> I.

1:15:48>> So moved. [clears throat]

1:15:50>> Okay. And can I get a motion to adjurnn?

1:15:54>> I move to adjourn the hearing.

1:15:55>> Don't we have to go to executive

1:15:57session?

1:15:58>> We can adjourn that. We can adjourn.

1:15:59>> Ajourn then do that.

1:16:00>> Correct. Can I get a second?

1:16:02>> Second. All in favor?

1:16:03>> I.

1:16:04>> So moved.