2026-10-01 - Zoning Board of Appeals

You ready? We are indeed. Recording in progress. Good evening, everyone. Pursuant to Governor Healey's directive extending temporary open meeting law provisions until June 30th, 2027, the Zoning Board

of Appeals meeting will be conducted in a hybrid format and will be recorded. Any person in attendance making an audio or video recording of this meeting must notify the chair at the time. Recordings

will be accessible on the town's website and YouTube channel. Please be aware participants attending via Zoom will have their video and audio disabled. If you wish to engage in the discussion, raise

your hand. If the chair acknowledges you, you will receive a pop-up message allowing you to unmute yourself. For agenda, YouTube, and Zoom links, please visit www.suttonmass.gov. All right. First up,

I will entertain a motion to reopen. I'll make a motion to reopen 185 Worcester Providence Is that right? It is correct. Thank you. Get a motion. Can I get a second on that? I wasn't here, but I will

second the motion to reopen the hearing. All right. Motion a second. All those in favor? Tam Shirley, I. Rick Deshane, I. Kyle Bergson, I. Zack Foley, I. All right. Before we get started, I just want

to read into the record in accordance with Mass General Law chapter 39 section 23D, I Kyle Bergson hereby certify that I have examined the audio, video, and/or written transcript of the public hearing

heard by the Board of Appeals held on September 3rd, 2026, and I certify that I have complete knowledge and understanding of all elements contained therein. All right. Good evening. How are you? It's

good to see you. You as well. If you could just tell us a little bit about your request this evening. Uh I'm just trying to I don't know how to I don't know how to word it. I'm just trying to like own

my own business, and I guess I live in the one house in the area that says I can't do that. You do indeed. All right. So, he is seeking a special permit to allow a building contractor's yard operated

out of his home. Uh base plumbing business. So, this would be administrative base for a plumbing business. So, all of the actual plumbing is off-site. We hope so. in. >> Yeah, no customers in. No

additional parking needed. No. No. Never be any like deliveries at my house or anything like that. Right. Employees will I don't have any. Even better, huh? That's right. Money goes in my pocket.

more. That's right. >> Yeah, deliveries would be the big thing. Obviously, you're on 146, so that's a Believe me, I already have a hard enough time backing in my own driveway. Right, so I guess that

would be one concern and employees right now you don't have any. I don't plan on having any either. Okay. And if I did, they would get their own truck and go park it wherever they live. All right. I

mean, this is a business zone. It's It's in the 146 overlay, you know. Mhm. It's not in a neighborhood. It's not in a neighborhood, nope. All right, is there anyone who would like to speak for or

against this petition? No one online? All right. Any questions from the board? No, seems pretty straightforward to me. All right. I'm pretty amenable to this one, you know. Like when I opened up a

Reddit, said this is not a big ask or anything. I think this This one's fine by me. The location is key, though. Yeah. Yeah. Not really. I don't really need a site visit. They're not proposing any

changes, so Yeah. It's like, you know, I just have a site plan reference, an architectural plan reference, but there's really no changes to that stuff. Yeah. Nope. Perfect. Good, Zach? Yeah, I mean,

if they if we were looking at semi trucks with pipe showing up, it's a completely different conversation, but in this in I don't even want that myself. I don't think that >> that really warranted it.

I think that that would be the only the only thing that would really kind of make me ask more questions, but Right. you know, like we said, it's it's in an in a zoning area that you know, it abides

by. It's not disturbing anybody. You know, about as straightforward as you can get, I think. I tried to find things to object to. I didn't find any. >> Thanks. Didn't look hard enough. All right, if

there's no other discussion, entertain a motion to close the hearing. Cowperthwaite, I'll make a motion to close the hearing. Dan Petrelli, I'll second. Motion and a second. All those in favor? Dan

Petrelli, Rick DeShane, I. Galbraith, I. Zach Fully, I. All right. We'll do a work session in a little bit, so you're welcome to stay or you can give Lena a call tomorrow. She's not in. But I'll see

you Monday. I'd like to go home and shower. Perfect. You can catch us on cable TV. Thanks, guys. You have a blast following any plumbing done, you got my info. Thank you. We got a minute to go. Oh,

we're good. 7:05. It's like we planned it. All right. Knock them out. To all interested in habitants of the town of Sutton, in accordance with the provisions of Mass General Law Chapter 48 Section 11,

the Zoning Board of Appeals will hold a public hearing by means of a Zoom hybrid style meeting on October 1st, 2026 at 7:05 p.m. on the petition of Kenneth Wilson. The petitioner requests a special

permit as it pertains to Section IC2E of the town's zoning bylaws, which would allow the creation of a non-conforming front property line setback for a detached garage on the pre-existing non-

conforming lot. The property that is subject to this petition is located at 113 Hartness Road as shown on Assessors Map Number 7 as Parcel Number 9. The property is located in the I1 Residential Rural

Zoning District. This meeting will be held in person at the Sutton Town Hall and or with access virtually via phone at 1-929-205-6099 or the online Zoom application with a meeting ID number of

891-2104-4585 with a passcode 741-705. A copy of the petition may be inspected during normal office hours in the Town clerk's office located in the town hall. Daniel Petrelli, Board of Appeals Clerk.

Welcome. If you'd like to say your name and give us a little bit Uh why you're here tonight. Kenneth Wilson from uh Commonwealth Construction. Um So, I built the two the two-car garage. I got the the

uh plot plan and I went off of that and I kind of messed up a little bit. It was about 2 ft 8 in the 50-ft front setback. But, it lines up with the house. So, that's what I Yeah, and And I was doing

my construction, that's basically what I went off of. Yeah. So, what was the reason for the garage upgrade or replacement? Um Well, Mike he They basically just wanted They had a tree fall on their

car. Mhm. So, they figured build a garage and it'll protect the car. Yeah, sound logic. Yeah. There was a previous garage there or there was not? No. Okay. No. That 47.1 ft is that uniform? Is that

the tightest spot on the Yes. That's the That's the closest spot. That's the closest spot? Yeah. So, I'm assuming the old setback It was There was an old setback? 40 ft. 40 ft. So, that's why the

house is okay. Yeah, now I see. And then it changed. changed and it increased to 50. Yeah. So, it doesn't seem like it's a hazard to anybody. It's not a you know, it's not a traffic issue, pedestrian

issue. are fine for neighbors. Did I see that on the side of the garage? There's a lot of trees and foliage and there's nothing. Yeah, there's trees, right? Yeah, along the property there's trees,

yeah. Mhm. So, this has got some natural screening from the neighbors? Yep. Yep. Yeah, we didn't touch any trees anyways. Yeah. Isn't there an easement on that left side of that lot? Yeah, I think

there's an easement over there, right? Some reason I think there is. 40-ft The The lot behind us owns a 40-ft right-of-way right through, but I I thought that was off. We've had it there for 30 years

and it's never changed. So, that's like on the side here? Correct. So, you you abut the easement, but it's not on you. Yeah. Yeah. That's what I'm saying. They call us next to us, but he's not a real

neighbor cuz we never Right. anybody in that other spot. Yeah, I remember that property for some reason. Thank you. All right, thank you, sir. You're starting to be like Arthur. I know, right? >> I

don't want to admit that I did some pipe work out in that street, but I didn't. I remember how old I am now. Well, if you want to buy me borrow my tractor, you can try pulling it back a few feet, but

>> What about a bulldozer? I could just push it back. I ain't got one of those, too, so So, it's already built, already constructed, right? Correct. Why is there plan showing as built and plan

proposed? Are you making changes to it now? No, so this is the original plot plan. Oh, I see. And then John wanted an as built. Okay. Okay. Cuz he he questioned it when he went there for the final

inspection. Right. Mhm. Which is a good pick up on him. Yeah, it's Not much gets by It's tough to get it by him, yeah. He is quick. Well, how's the board feel about this? Any comments? I mean,

Personally, I think it's an honest mistake. The house was in line with the house. The house was in compliance when it was built. Zoning changed. I mean, it's not like they did it maliciously. No. I

totally agree. I mean, it's a couple of feet. I put it where Mike wanted it. >> Now, I agree this is what you see with the non-conforming lot sometimes. Yeah. Yeah. All right. Any other questions?

Anybody online for this one? All right. Is there nothing No other discussion? We'll entertain a motion to close the hearing. Calabrese, I'll make a motion to close the hearing on 113 Hartness Road.

Damphousse, I'll second. All right. Motion is second. All those in favor closing hearing? Damphousse, I. Rick De Shane, I. Calabrese, I. Zackary, I. All right. We'll do a work session momentarily.

Good. If you'd like to sit tight, you can. Thank you. Calabrese, I'll make a motion to open the work session for 185 Worcester Providence Turnpike. All right. Damphousse, I'll second. Motion is second

to opening work session on What was it? 185 Worcester Providence. 185 Worcester Providence. All right. Motion is second. All those in favor? Damphousse, I. Rick De Shane, I. Calabrese, I. Zackary, I.

I'll make a motion to approve a builder contractor's yard for the operation of a home-based plumbing business. I need a second on that. Zackary, I'll second. All right. How about some discussion? I

think it makes sense. You're in the right district for it. You're on the highway. It doesn't sound like he wants an actual contractor's yard. I think it's the I think that's used, but Yeah, that's his

definition. Yeah. Yeah. I I think he's trying, and I think if it were pushing boundaries, like I said, if it were semi trucks slowing down traffic on 146 to to get in there, it causes a whole mess of

problems, but Yeah. where this is one truck, one guy, he's he's genuinely just trying to do a good job. I feel as though we should condition it, though. I think we should condition that no employees,

he wasn't going to do deliveries, I think as long as we put that Yeah. language in. Mhm. I mean, if anything's out of place, it's his house. Everything's commercial around him, so If I may, Please.

past when they've issued special permits like this, uh they usually put a condition that it's not transferable. Mhm. Oh, yeah, good point. That's a good catch. Non-transferable. Just in case something

else larger Yep. Yeah. You know, it is on 146. That's a good point, because it does tie it up for Maybe condition that if he's going to have another employee there, that he comes back before us before

more I mean, I don't I don't mind so much as if he has employees, as long as they're not going to be coming in, like he said. Yeah, I mean, that's Well, the question becomes, I mean, if they have to

go there for supplies, if it's, you know, let's say hypothetically, he has a couple of good years, five trucks in and out constantly to supply. Yeah, that's why I am going to say no employees or

whatever. I don't know how you want to word it. And then, if that changes, he can just come back. Yeah. Just word it that he can come back for and we can look at it again. Yep. So, right now, no

employees, no deliveries, non-transferable, all without coming back to the board. Yeah, makes sense. Coming back to the board for any changes to that. The non-transferable was a good catch, I think.

Yeah, that's a good one. Yeah, definitely. All right, motion and a second. All those in favor of granting with the conditions. Do you have a motion? Yeah, I did. I said approve, so yeah. Kyle seconds.

grant with conditions is the actual vote then. Um Temp Truely, I. Rick DeShane, I. Talbert Knight, I. Zach Fuller, I. The eyes have it. Talbert Knight, I'll make a motion to open a work session on 113

Hartness Road. Temp Truely, I'll second. Motion and a second, all those in favor? Open a work session. Temp Truely, I. Rick DeShane, I. Talbert Knight, I. Zach Fuller, I. All right, the applicant is

requesting a special permit to cover up a little mishap. Talbert Knight, I'll make a motion to approve. I'll second. All right, motion and a second, we have for discussion. I think it's an honest

mistake. I don't think it was malicious. Went with the foundation and line setbacks were different when the house was put in. Easy thing to mistake. I mean, it's 2.8 ft I think it is. It's It's really

negligible into it and the easement on the side, no direct neighbor. It's not causing any harm where it is, so. Yeah, I don't think anybody besides John would catch it. That's true. Yeah, there's good

tape measure out there. Yeah. >> That must have been a long tape. Need to request an as-built because Right, but we got it. Yeah. All right, motion and a second, all those in favor of granting a

special permit for 113 Hartness Road. Temp Truely, I. Rick DeShane, I. Talbert Knight, I. Zach Fuller, I. The eyes have it. You're out of trouble. go one. >> We can't speak for John, though. Yeah.

John eagle eye coochu. Yeah. Yeah. Laser eye. Yeah. That's it. Thank you, gentlemen. That's it. See you, mate. This will get posted Monday. So, there's a 20-day appeal period on it after it's filed.

You'll get the final When it's passed, I'll call you when you get it recorded at the district court of appeals. Thank you very much. Thank you so much then. Have a good night. Have a good night. All

right, we also have some meeting minutes before us. >> We have our minutes from September 3rd. Are there any changes or anything that anyone sees? Forgot we have the new Way to do it. Right. Um on

this one, it is still Pat O'Hara's name on this decision. Not signed. That's okay. That's in the house. Oh. Do you want me to sign it, Pat, or just Oh, really? One of those still Yeah, one of those

still, Pat. You're in trouble, mate. Sorry. I did give you some new ones, didn't I? Yeah, I thought so. Hearing no used an old one for fun. Hearing no corrections, okay, right? Let's see. our

September meeting minutes are accepted. Approved. Nice. I abstain. What else we have tonight, Lynn? Anything? I just want to let you know what is Farm Days is coming up. Yes, indeed. Have your yearly

free pass. Thank you. Um from What is Farm Days? Bring your tractor? Oh, yeah. I do want my kids to get a ride. The last time they were like, I don't know, run around. We'll try again. Whatever. I can

drive it up out of there if we need to. one was intimidated. I feel like, come on, guys. The boys should be into it, you know? >> All right. Then entertain a motion to adjourn. Goldberg, I'll make a

motion to adjourn. Dip Shirley, second. Motion is second. All those in favor? Dip Shirley, I. Rick Deshane, I. Goldberg, I. Zach Foley, I. The eyes have it. See you next month. Yeah, I have a question

for you.