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Good evening. Welcome to the Shrewsburg Zoning Board of Appeals, regular meeting for Monday, August 24.

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First, on the agenda is to review and sign a bill for $185.90 to the community advocate for the August 24th, 2026 legal notices.

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It's going to get a motion please.

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I move to accept the bill and pay the bill for $185.90 in the ad.

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I'm going to get a second.

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Thank you.

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Thank you.

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All in favor?

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All right.

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So moved.

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Next on the agenda is to review and accept meeting minutes from the June 29th, 2026 meeting.

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Any discussion?

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So just to confirm that the corrections had been made that my participation was in person

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and not remote and that we went to executive session after the meeting was called to order.

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Correct.

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With those corrections, I would make a motion to accept the meeting minutes.

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You get second, all in favor?

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All right.

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So moved.

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Next, on the agenda, this is, we've corresponded in some memo from the playing and economic

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development department regarding amendments to the Mass General Law 48, and second is a memo

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from Town Council regarding revisions to the Mass General Law Section 48 Section 10.

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And we are, in attendance this evening is our Town Council Steve Models without further

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do if you'd like to take a minute to fill us in on all this new legislation.

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You might best, good evening to the board. And I know the Assistant Director also submitted

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a memo on the changes to 48. These were surprised to everyone in my office. I haven't found

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anyone yet that knew this was coming from a legislature. And a number of us, I'm on the

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last municipal lawyers association, listserv seems like most were surprised by these changes.

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They were put into the budget bill for the next fiscal year.

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And I don't know in legislative process, if that goes through committee or not, someone

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in my office speculated that it expedites the revisions and they're also effective immediately.

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So they didn't give us time to kind of digest all of these changes and address procedural matters like changing our application form to reflect the new standards or the new criteria for granting a variant.

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So all the cities and towns are scrambling now to both understand these revisions and then modify what's necessary and have our local boards of appeals aware of the significant changes.

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particularly, I would think what's of interest to this board is section 10 on variances.

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The amendments were two sections 5 of 48 relative to electronic mailing, which probably

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is not much of an interest, but now we can send by email notices section 6 relative to

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protections for preexisting uses and structures.

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And in the amendment section 47 of the Acts of chapter 137 of the Acts of 2026,

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amended section 10 relative to variances.

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So that's what I was going to focus on for the board of appeals.

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So you'll recall the standard that we've all known since I think 1975, the last time

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there was a significant revision to chapter 48,

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is it's a strict statutory standard

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that the board must make a finding

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before you are empowered to issue a variance.

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A finding that there's a substantial hardship

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owing to the soil condition shape

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to the poverty of the lot.

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The familiar with that,

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that's been the standard for so long.

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And if a variance was issued

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that didn't meet that finding,

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or merely recited the statutory standards

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without an application of the facts, it was vulnerable to a challenge, frankly.

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So, variances were pretty hard to get because it wasn't discretionary, like a special

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permit.

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It was this strict statutory standard that applied.

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Well, now, so I'll go through the revisions of ten, just kind of from the top.

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Previously read that the Permagranding Authority, the ZBA,

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shall have the power after a public hearing.

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They revised that to the permigrating authority's show after a public hearing, and so you

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wonder why did they strike, have the power, and put shall, as if almost, you know, in

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subdivision control law, if a plan complies with the standards, you must approve it.

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It's the legislature, and these are, there's more unknowns, unfortunately, than known

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as to what was intended, are they now kind of liberalizing the issuance of variances

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and saying, boy, shout out if you make these findings

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issue of variance.

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That's my first question that is a risen from this.

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But the standard, right?

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Previously, it was that statutory standard.

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Now, it's if the boy specifically

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finds that a strict enforcement of the bylaw

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would result in a practical difficulty.

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So no one knows what practical difficulty is.

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I, you know, my view of what might be a practical difficulty could be different for members

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of the board, for the abotter, to the property owner,

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but so if a property owner has a practical

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difficulty due to a strict enforcement of the bylaw, and the permit-graining authority shall

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way, the benefits to the appellant or petitioner, and to the public interest, including the

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interest in supporting the production of housing against the detriment to the public health,

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safety, and welfare of the neighborhood. So clearly there's some way towards housing production

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in this new standard in that that tilts the scale perhaps a little bit in favor of the applicant,

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according to the legislature,

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but then what is welfare of the name hood. These are not

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defined terms, but these are factors you must weigh as to whether a project, the proposal,

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seeking a variance would be detrimental to those interests of public health safety and

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And further it goes on that this Board may also consider, which that itself is in my mind, vague, doesn't say shall consider, but may also consider.

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And then it reintroduces what we previously knew, whether the practical difficulty relates to soil conditions, shape, or topography of such land or structures.

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That's the first prong, the second is whether strict enforcement would impose a financial hardship.

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So now we have financial hardships in play, which we didn't have that before.

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We just had substantial hardship on the appellant or petitioner.

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Whether the benefits sought by the appellant or petitioner can be achieved by some other method feasible for the appellant or petitioner.

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and whether the practical difficulty was self-created.

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So it's kind of wide open, I'm sorry, to say,

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and then as it, this was all introduced with may consider.

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So how much weight you give to these factors

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is at the discretion of the board, I would say.

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The legislature also struck,

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there was another change was that under the original law,

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cities and towns or and boards of appeals could not issue use

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variances unless you're a local bylar explicitly allowed it the

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legislature amended that to say now other than residential use

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variances those are now available across the Commonwealth or

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regardless of your local bylar but in shoesbrew we already allowed

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to use variances so that change is of no impact for this board.

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The legislature struck the language in the original of 4A10 that said the permit granting authority may impose conditions, safeguards and limitations, both of time and use, including the continued existence of any particular structures, but excluding any conditions, safeguards or limitations based upon the continued ownership of the land or structures.

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So they struck this paragraph and does that mean that this board can no longer impose

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conditions or safeguards because they struck the language, so oftentimes in interpreting

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legislative action, there's deemed to be some intent by what the legislature did in

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removing it, that they must have met something.

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So did they mean to say that boards can no longer condition

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variances, this is an open question or did I just don't know why they slightly struck it.

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So, what casalize is going to start to fill in.

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I expect some of the questions that have a risen and not just for shoes, but for all the

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shoes and towns.

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It also extended the timeline by which someone who receives a variance may exercise their

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to two years.

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So that started to say that I don't have a lot of answers as much as it raises uncertainty.

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But this is the language of legislature enacted, and the governor signed, and it was effective as of July 1.

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Do you know if there will be any regulations issued or answers to FAQs by any of that?

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So I don't know, I did see there was something issued by housing and livable communities saying that they were going to attempt to issue some guidance.

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It's not in the legislation, so I don't know when that will be forthcoming, and I would expect

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they're going to wrestle with this language as much as everybody else.

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But I did see in one of the correspondence, someone forwarded that from housing and

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of communities on the Municipal Lawyers Association,

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listserv.

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In the questions, I'm not surprised.

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I feel like we're, like, Neil Armstrong landing on the moon.

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Like, it's, it happens all that we've known,

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all the case law that we've relied on, to say that you may

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consider for criteria.

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I don't know what that means, may consider.

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May, could you elect not consider the four,

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that before, and then what's a practical difficulty

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as the main consideration to be weighed against welfare

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of the neighborhood?

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Right.

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What does that mean?

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Before it was as difficult as it was,

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if there was certainty as to the standards,

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here there's a lot of discretion.

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And I think we'll see more case

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of butters challenging the issuance of variances and probably case upholding the decisions

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because of the broad authority now that you have in making findings. You not pin to a strict

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statutory standard. Yeah, I mean it opens the doors to a lot of interpretation. Yeah.

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One more question. Do you think it's arguable that on the one side, the way it's written,

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on the one side, we are to evaluate the benefits for the appellant or petitioner and supporting

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the production of housing against the detriment to public health safety and welfare of the

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neighborhood.

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Is that the equation that we're, yes, we call the benefit of that?

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So, it's just the way the text is, so we are to weigh the benefits to the appellant or petitioner

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and to the public interest, so the benefit to the petitioner and the public interest against housing production.

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Well, sorry. I've stirred.

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It's stopped.

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Including the supporting a production housing against the detriment to the public health safety and welfare of the need of it.

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And then we may accept it.

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So that's the equation.

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Okay.

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Yeah.

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Yeah, with those terms on defined practical difficulty.

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We were wondering in my office as to whether the legislature looked at some other state

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as to their standards and that other states had some definition of practical difficulty,

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but we haven't found it yet if they turned to Maine on New Hampshire someplace.

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We haven't found it yet.

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Don't we know what Maine means?

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Just entirely permission is what it is, correct?

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Yes.

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I mean there must be definitions of what may means and legal sense here.

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So we can choose to or choose not to at our own discretion.

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Correct.

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That's how I read it. May is permissive.

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Okay.

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We'll see if a court issue is something differently.

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That's how it is.

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It's how it is.

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So, in my memo, I just did the forwarded red line of the changes the 48 and just so you could see.

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I found it odd that they retained the original standards as may also consider.

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Yep. Why do you, I don't know why they would do that when they upended the whole apple carnival with the new standard of practical difficulty weighed against public health and safety.

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Don't ask, don't ask, I understand what's coming out of the legislature.

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Mayor, or the governor?

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Well, I think it opens up.

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We have a lot of two.

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We have, you know.

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Yeah.

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We don't have strict rules anymore.

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It's interpretive.

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Yeah, I mean, there's language here.

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You can work with on finding a decision one way or another.

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And I think, I guess that's going to be the challenge, right?

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as a board, we were so wide open, which other criteria, as Tony Raphola was saying,

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you know, favoring the production of housing, is that going to outweigh the welfare

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of the neighborhood, whatever that means, that a room full of a bottles is opposed to it,

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is that the welfare of the neighborhood I don't know.

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I would suggest we make a lot of findings and have them in the record.

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I believe I find you, everybody.

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Yeah.

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Okay, well, if I, if I find, if I we see any guidance, we'll certainly forward it.

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Yeah, we were waiting with faded breath for this, but, you know, we're kind of home.

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Not coming, so we're just going to have to go out there and, and so our own path, I guess.

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All right.

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for the certified mail to show us.

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Exactly.

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That's exactly.

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Got news to that.

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So, any other thoughts comments before we move on?

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I'd thanks Steve for helping us with the research.

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Wish we could have had a little more earlier,

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so we could have digested.

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Maybe a little bit more rather than tonight.

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But yeah, we were grateful for it.

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Thanks for the opportunity and good luck.

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Well, thank you.

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I'm not sure that thank you, we're through you out of the room, but that's the side of the point.

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You're the messenger, you're just the messenger.

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Well, we appreciate you being here and giving us that guidance.

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So thank you.

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Thank you.

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All right.

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That further ado.

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We're going to continue on with the rest of our public hearings.

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First public hearing.

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This is a request to withdraw without prejudice.

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the hearing for eight ninety four Boston turnpike. You want to pick that up?

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What do you mean? It's over personal control.

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Yeah, so it's just a request for withdrawal, so we have no need to.

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No need to.

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You don't need to state anything more.

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All right, so can I get a motion for the request to withdraw without prejudice for eight ninety four Boston turnpike.

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Commercial business are Jay Foley LLC.

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I moved to allow the petitioner to withdraw without prejudice.

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I'm sorry.

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All in favor?

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Hi.

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So moved.

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Okay.

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Before we proceed forward, I should mention we are a four member board tonight.

237
00:18:28,700 --> 00:18:33,060
We used typically a five members, but one of our members is not feeling well, so we're down to four members.

238
00:18:33,880 --> 00:18:38,920
So if you are to come in front of us, depending on whether you're coming for a special permit or a variance,

239
00:18:38,920 --> 00:18:48,740
that will change how many yes or no votes you could, you would need in order to get your appeal approved or denied.

240
00:18:49,720 --> 00:19:01,260
So when we see through, we'll bring it up again and it'll be up to the appellant whether they want to continue their hearing to the next meeting or proceed forward with the form member board.

241
00:19:01,260 --> 00:19:10,560
So, without further ado, next up is to hear the appeal of 22 Ridge Road Robert Cotes for variants.

242
00:19:11,480 --> 00:19:13,820
Yes, this is to hear the appeal of Robert Cotes for 22 Ridge Road.

243
00:19:14,020 --> 00:19:17,020
Shrewsbury, Massachusetts, the 1545 for variants.

244
00:19:17,360 --> 00:19:23,860
Shrewsbury, zoning bylaws, sections 7, table 4 to allow for a swimming pool for feet.

245
00:19:24,160 --> 00:19:29,220
When the principal dwelling where 10 feet is required on a property located at 22 Ridge Road

246
00:19:29,220 --> 00:19:31,700
in the rural B zoning district.

247
00:19:32,160 --> 00:19:40,400
So the premise is described on the Shrewsbury sister's text plate 0-8-0-8-0-5-8-0-2-7.

248
00:19:41,140 --> 00:19:41,760
Mr. Codes?

249
00:19:43,460 --> 00:19:43,760
Good evening.

250
00:19:44,240 --> 00:19:46,140
Who would, even if you could state your name for the record?

251
00:19:46,340 --> 00:19:46,860
Yeah, my I said.

252
00:19:47,520 --> 00:19:48,720
Yes, please. Absolutely.

253
00:19:48,980 --> 00:19:50,440
Robert Codes, 22 Ridge Road.

254
00:19:51,280 --> 00:19:52,400
Who would, evening? Welcome.

255
00:19:52,860 --> 00:19:53,360
How are you?

256
00:19:53,540 --> 00:19:56,380
Good. You could let us know what you're looking to do.

257
00:19:56,380 --> 00:20:03,820
Yeah, so we bought the property about six months ago for Ridge Road and we wanted to put it in above ground pool in the backyard.

258
00:20:05,080 --> 00:20:12,820
Unfortunately, what we found after serving the site is to biography concerns on if I'm going to do this from facing the back of the house.

259
00:20:12,900 --> 00:20:16,140
The left side's got the biography concerns where I can't put it above ground pool.

260
00:20:16,640 --> 00:20:23,160
In the middle of the yard is the septic field in Leachfield that I can't do.

261
00:20:23,160 --> 00:20:26,100
And then on the right, where I'm proposing to put the pole,

262
00:20:26,500 --> 00:20:30,140
is, unfortunately, four feet from the deck that's attached

263
00:20:30,140 --> 00:20:30,780
to the house.

264
00:20:31,320 --> 00:20:35,160
That deck is an existing structure attached to the house.

265
00:20:35,660 --> 00:20:39,460
The backyard is fully fenced, so I can't move the pool further.

266
00:20:40,320 --> 00:20:42,360
It creates a huge financial hardship that

267
00:20:42,360 --> 00:20:45,260
have to go in, cut trees, expand the fence, move the wood.

268
00:20:45,980 --> 00:20:48,360
I've got plenty of setback from the town permits

269
00:20:48,360 --> 00:20:50,920
from the back and side property lines.

270
00:20:50,920 --> 00:20:56,840
So I'm trying to shoe horn this pull in and we are going to do a 24-foot above ground pull.

271
00:20:56,860 --> 00:21:01,840
We were down-sized it to a 20-foot above ground pull to fit into this smaller space.

272
00:21:02,400 --> 00:21:09,140
It gives me adequate space around the deck to walk around the deck and service the pull of the pump and equipment.

273
00:21:09,840 --> 00:21:16,960
In addition, it gives me adequate space between the pull and the fence to bring a machine back if we had to do something with the septic or the concern.

274
00:21:17,940 --> 00:21:20,160
So we requested a building permit.

275
00:21:20,700 --> 00:21:25,020
It came to say that we were not in compliance with the ten foot rule from the structure.

276
00:21:26,080 --> 00:21:29,120
12 feet from the existing house before feet from the deck.

277
00:21:30,940 --> 00:21:37,420
So requesting a variance to that four foot rule so that we can install the above crown pull.

278
00:21:37,500 --> 00:21:42,920
The pull is 54 inch wall so it does not meet all the pull requirements by the state code.

279
00:21:42,920 --> 00:21:49,420
The latter axis is away from the deck, so there's no transition transition from the deck to the pool or any concern there.

280
00:21:50,660 --> 00:21:59,860
With respect to the neighborhood, several pools in the neighborhood, above ground pools in the neighborhood, frankly, many of them are attached to the existing decks of people's houses, ours won't be.

281
00:22:01,820 --> 00:22:12,200
And you know, as the Ridge Road note, if you're familiar with it, you know, just a nice suburban neighborhood, so won't be any visibility concerns, public safety concerns.

282
00:22:12,620 --> 00:22:14,920
over the other things, financial, I just read them.

283
00:22:15,600 --> 00:22:20,300
All those concerns and the health and welfare in the neighborhood won't be affected by this.

284
00:22:20,500 --> 00:22:25,500
Talk to my neighbors, nobody has a concern to both of my neighbors have pools, so that's what

285
00:22:25,500 --> 00:22:29,280
I'm requesting from the board tonight is a variance from the four foot rule, are from

286
00:22:29,280 --> 00:22:29,920
the ten foot rule.

287
00:22:31,000 --> 00:22:37,640
The poll equipment will still meet color. It will be more than three feet from the poll. And the rest of the poll access codes are all in place.

288
00:22:38,380 --> 00:22:41,000
Great. Thank you. Thank you for explaining that.

289
00:22:42,040 --> 00:22:44,020
All right, Louise, anything else we should take into consideration?

290
00:22:44,380 --> 00:22:52,320
The only thing I would note, which is in the cover letter or the cover sheet, provided is that there are handful of waivers requested.

291
00:22:52,320 --> 00:23:01,560
center, you know, it's drawn on the plot plan, but no issues with that or otherwise.

292
00:23:07,340 --> 00:23:14,680
Okay, okay, this is to yourself, friend, okay, all right. Before we open up any comments, questions?

293
00:23:15,340 --> 00:23:20,640
Well, yeah, I'd have, I'm trying to understand this. So the pool does not exist yet. That's correct.

294
00:23:20,640 --> 00:23:23,080
The deck exists, the deck exists.

295
00:23:24,400 --> 00:23:30,680
You will be how far from the house to the pool from the exact, from the corner of the house,

296
00:23:30,820 --> 00:23:32,520
the existing house structures 12 feet.

297
00:23:32,760 --> 00:23:33,380
12 feet.

298
00:23:33,600 --> 00:23:33,860
That's correct.

299
00:23:34,180 --> 00:23:36,620
And that satisfies building factor.

300
00:23:36,800 --> 00:23:37,580
It does not.

301
00:23:38,820 --> 00:23:41,580
The building inspector told me that,

302
00:23:41,600 --> 00:23:44,360
because the deck in the existing feature to the house,

303
00:23:44,840 --> 00:23:46,400
that it's considered part of the structure.

304
00:23:46,680 --> 00:23:48,660
I said, well, the house is the existing structure

305
00:23:48,660 --> 00:23:51,740
and my mind was in a pertinent to the existing structure.

306
00:23:51,880 --> 00:23:53,540
She wants you 10 feet from the deck.

307
00:23:53,540 --> 00:23:55,140
She wants you to want it in much 10 feet from the deck.

308
00:23:55,280 --> 00:23:56,520
I can't get 10 feet from the deck.

309
00:23:57,380 --> 00:23:58,440
Doesn't make any sense.

310
00:24:01,880 --> 00:24:05,760
The sloped area over there that's falling away from your house.

311
00:24:05,840 --> 00:24:06,920
That is correct.

312
00:24:10,440 --> 00:24:12,720
You've got a septic leaf field, you've got fence.

313
00:24:12,980 --> 00:24:13,980
How high is your fence?

314
00:24:14,060 --> 00:24:15,100
I think I drove by.

315
00:24:15,360 --> 00:24:16,200
A big white fence?

316
00:24:16,200 --> 00:24:16,540
Yes.

317
00:24:16,720 --> 00:24:16,920
That's correct.

318
00:24:16,920 --> 00:24:22,740
We did a six foot around and then in the back is a four foot chain look fence behind

319
00:24:22,740 --> 00:24:27,300
that as you know by in the house is the transmission corridor for the power lights.

320
00:24:27,820 --> 00:24:31,280
I don't want anybody to get up on top of the six foot fence and I work for the electric

321
00:24:31,280 --> 00:24:33,240
company again to close the power lights and so.

322
00:24:34,200 --> 00:24:35,540
I don't have any more questions.

323
00:24:36,300 --> 00:24:36,440
Okay.

324
00:24:36,880 --> 00:24:37,060
Dave.

325
00:24:40,000 --> 00:24:44,160
The deck has, did you say it has a normal railing around the?

326
00:24:44,160 --> 00:24:44,360
Yep.

327
00:24:44,360 --> 00:24:46,900
I'm just in code complying, railing around it.

328
00:24:48,820 --> 00:24:54,020
Yeah, I mean, I think you've demonstrated that you're very

329
00:24:54,020 --> 00:24:55,740
apt to work with the shoe here.

330
00:24:55,920 --> 00:24:59,140
You said that you went from one size pool to a smaller pool.

331
00:24:59,300 --> 00:25:02,340
You really worked to keep this thing out of the property

332
00:25:02,340 --> 00:25:03,560
lines that back areas.

333
00:25:05,420 --> 00:25:07,080
And I think you said it right.

334
00:25:07,320 --> 00:25:08,800
You shoe-wanted in there is best you can.

335
00:25:09,960 --> 00:25:11,560
So I think it's in is what it is.

336
00:25:11,800 --> 00:25:12,820
OK, thanks, man.

337
00:25:13,580 --> 00:25:21,520
I think the application meets the requirements for us to find that we should issue a variance.

338
00:25:22,380 --> 00:25:28,720
There's soil conditions, there's topography, there's septic, there's also, there's an existing fence.

339
00:25:29,400 --> 00:25:30,600
So I don't have any problem with it.

340
00:25:30,700 --> 00:25:31,600
Thank you.

341
00:25:31,620 --> 00:25:31,940
Okay.

342
00:25:32,180 --> 00:25:32,760
Nor do I.

343
00:25:33,300 --> 00:25:33,560
All right.

344
00:25:33,680 --> 00:25:34,400
This is a public hearing.

345
00:25:34,540 --> 00:25:36,740
Is there any of them that wishes to be heard on this matter?

346
00:25:39,470 --> 00:25:39,490
Okay.

347
00:25:39,490 --> 00:25:44,270
I'm going to get a mask or a question, I'm going to close the public hearing and I'll ask him.

348
00:25:44,510 --> 00:25:44,530
Sure.

349
00:25:44,670 --> 00:25:46,430
Can I get a motion to close the public hearing, please?

350
00:25:46,990 --> 00:25:48,290
I moved the close public hearing.

351
00:25:48,350 --> 00:25:49,010
Can I get a second?

352
00:25:49,410 --> 00:25:49,850
Second?

353
00:25:50,170 --> 00:25:50,610
Fall in favor?

354
00:25:50,830 --> 00:25:51,250
Aye.

355
00:25:51,630 --> 00:25:52,290
So moved.

356
00:25:52,830 --> 00:25:56,110
You said there's no connection between the deck and the pool.

357
00:25:56,250 --> 00:26:00,470
You've got to go down off the deck and climb up in the pool on a separate device.

358
00:26:00,550 --> 00:26:01,070
That's correct.

359
00:26:03,230 --> 00:26:03,770
I'm done.

360
00:26:04,130 --> 00:26:04,350
Okay.

361
00:26:04,990 --> 00:26:06,110
Can I get a motion, please?

362
00:26:06,710 --> 00:26:08,550
I think we need to see if there's any public input.

363
00:26:08,550 --> 00:26:13,170
We're going to close, call them close, I'm sorry, that's okay, that's all right.

364
00:26:13,650 --> 00:26:19,710
I moved to, I moved the board to approve the applicant's request for a variance from

365
00:26:19,710 --> 00:26:25,430
section 7, table 4 of this shoes were zoning a lot to allow for a swimming pool of four

366
00:26:25,430 --> 00:26:30,770
feet from the principal dwelling where 10 feet is required at 22 redrode within the rural

367
00:26:30,770 --> 00:26:31,870
B zoning district.

368
00:26:32,510 --> 00:26:33,910
Can I get a second?

369
00:26:34,270 --> 00:26:35,910
It's like a width waivers.

370
00:26:36,450 --> 00:26:37,730
Oh yeah, we have waivers in.

371
00:26:37,730 --> 00:26:38,650
I'm sorry.

372
00:26:39,550 --> 00:26:40,590
Sorry about that.

373
00:26:40,590 --> 00:26:45,930
I moved the board well, so that motion is pending, so.

374
00:26:47,890 --> 00:26:53,750
Move the board to approve the applicants for quest for waivers as requested from article

375
00:26:53,750 --> 00:26:58,610
three section three plans of land from the zoning board rules and regulations for property located

376
00:26:58,610 --> 00:27:01,390
22 red road within the rural be zoning district.

377
00:27:02,270 --> 00:27:03,990
I second that.

378
00:27:04,330 --> 00:27:05,150
All in favor.

379
00:27:05,150 --> 00:27:10,730
All right, some of you need relief now.

380
00:27:10,730 --> 00:27:11,110
Yes.

381
00:27:11,570 --> 00:27:12,330
Do you want to do the relief?

382
00:27:12,910 --> 00:27:14,390
Do I have anyone to do the relief?

383
00:27:14,850 --> 00:27:15,550
No, you can do it.

384
00:27:17,110 --> 00:27:22,910
I moved the board to approve the applicants request for a variance from Section 7.

385
00:27:23,290 --> 00:27:30,850
Table 4 of the screws buried zoning by law to allow for a swimming pool for feet from the.

386
00:27:30,970 --> 00:27:34,110
I strike the word principle dwelling and I say,

387
00:27:34,110 --> 00:27:42,170
deck because he is over 10 feet from the principal dwelling. So I'm modifying this.

388
00:27:42,210 --> 00:27:49,850
The building commissioner sees that the existing deck attached to the dwelling is a principle

389
00:27:50,830 --> 00:27:57,670
dwelling, which is why we are here. All right, well then, I'll leave the board it as it is.

390
00:27:58,710 --> 00:28:03,450
Four foot from the principal dwelling, where 10 feet is required at 22 rows, within the wall

391
00:28:03,450 --> 00:28:10,910
be zoning district. Thank you for the second. Second. All in favor? I'm so moved. Thank you.

392
00:28:10,970 --> 00:28:11,710
Thank you.

393
00:28:17,160 --> 00:28:22,600
Excuse me. Here's the appeal of Mark Paris, 19 Ashwood Circle, Shrewsbury, Massachusetts,

394
00:28:22,740 --> 00:28:31,180
0.5, 4.5, for a variance of the Shrewsbury zoning bylaws, section 7B, subpart 10, to create

395
00:28:31,180 --> 00:28:39,520
lot with a lot of shape factor of 0.41 where a minimum of 0.45 is required on property located

396
00:28:39,520 --> 00:28:45,240
at 13 John Street and the resident's B2 zoning district. So, the premise is described on the

397
00:28:45,240 --> 00:28:51,320
truth-free assessor's tax plate, 45 plot 019001.

398
00:28:51,840 --> 00:28:57,340
And a reminder, Mr. Paris, that we have a four-member board, so you'd have to get a unanimous

399
00:28:57,340 --> 00:28:59,940
vote in order for your appeal to be granted.

400
00:29:00,440 --> 00:29:09,400
So it's up to you whether you want to continue the hearing till next meeting with a five-member board if we have a five-member board or continue tonight with four-member board.

401
00:29:09,820 --> 00:29:10,520
May I continue?

402
00:29:11,900 --> 00:29:12,920
If that's what you want to do?

403
00:29:13,180 --> 00:29:13,960
Yeah, certainly do that.

404
00:29:14,120 --> 00:29:16,340
Do you know when the next meeting would be?

405
00:29:16,600 --> 00:29:16,980
Yes.

406
00:29:17,080 --> 00:29:18,460
Last Monday of the month.

407
00:29:19,020 --> 00:29:19,840
Well, hang on.

408
00:29:20,120 --> 00:29:20,700
Oh, I guess.

409
00:29:21,660 --> 00:29:22,300
It will be.

410
00:29:22,440 --> 00:29:22,520
It will be.

411
00:29:22,680 --> 00:29:24,480
So that's how I can look at that.

412
00:29:24,640 --> 00:29:24,700
I just...

413
00:29:24,700 --> 00:29:25,800
At the 10th or 20th.

414
00:29:25,880 --> 00:29:27,520
Oh, it's pushing to the 28th.

415
00:29:30,340 --> 00:29:31,640
No, I will continue.

416
00:29:32,300 --> 00:29:32,860
You want to continue?

417
00:29:33,260 --> 00:29:33,740
Yes, please.

418
00:29:33,920 --> 00:29:34,080
Okay.

419
00:29:34,800 --> 00:29:35,340
All right.

420
00:29:36,660 --> 00:29:40,160
So can I get a motion to continue the hearing for 13 John Street, please?

421
00:29:40,460 --> 00:29:42,560
Is that what you want or do you want to do it tonight?

422
00:29:42,980 --> 00:29:44,440
No, may I continue it?

423
00:29:44,440 --> 00:29:45,300
Okay, I guess.

424
00:29:46,100 --> 00:29:46,580
Continue tonight.

425
00:29:47,020 --> 00:29:47,500
Continue the meeting.

426
00:29:47,620 --> 00:29:48,880
I want to continue.

427
00:29:48,880 --> 00:29:49,300
No, no.

428
00:29:49,560 --> 00:29:50,580
Continue to continue the next meeting.

429
00:29:52,020 --> 00:29:55,840
I moved to continue the appeal of Mark Paris,

430
00:29:55,840 --> 00:29:59,840
regarding 13 John Street for a variance from section.

431
00:30:02,570 --> 00:30:07,670
7b, 2 September 28th, 2026, 6 p.m.

432
00:30:07,810 --> 00:30:08,510
I get a second.

433
00:30:09,070 --> 00:30:09,270
Second.

434
00:30:09,790 --> 00:30:10,190
All in favour?

435
00:30:10,670 --> 00:30:10,830
Aye.

436
00:30:11,270 --> 00:30:11,690
I'm so moved.

437
00:30:11,850 --> 00:30:13,110
So that's automatic, right?

438
00:30:13,150 --> 00:30:14,950
I do I have to refile or I am on.

439
00:30:14,950 --> 00:30:15,130
Nope.

440
00:30:15,250 --> 00:30:16,730
You'll continue right on.

441
00:30:17,050 --> 00:30:19,110
Yep, we'll put you at the front of the hearing as well.

442
00:30:19,470 --> 00:30:19,910
Oh, thank you.

443
00:30:19,930 --> 00:30:20,430
You're welcome.

444
00:30:20,690 --> 00:30:21,730
Just bring doughnuts.

445
00:30:22,290 --> 00:30:22,710
I'm sorry.

446
00:30:23,010 --> 00:30:23,670
Bring doughnuts.

447
00:30:24,150 --> 00:30:25,710
Yeah. That's a joke.

448
00:30:26,550 --> 00:30:26,930
Yeah.

449
00:30:26,930 --> 00:30:47,830
All right, thank you, all right, next on the agenda, this is a continuation request to the September 28th meeting for 9.57 Boston Turnpike, so can I get a motion to continue that hearing please?

450
00:30:47,830 --> 00:30:50,910
I move the continued to continue

451
00:30:51,610 --> 00:30:54,910
adhering for 9.57 Boston turnpike

452
00:30:54,910 --> 00:30:57,830
from a cardee engineering for two special permits

453
00:30:57,830 --> 00:31:01,770
to September 28th, 2026.66.

454
00:31:02,390 --> 00:31:03,490
Can I get a second?

455
00:31:04,790 --> 00:31:05,390
All in favor?

456
00:31:05,970 --> 00:31:07,230
I so moved.

457
00:31:07,610 --> 00:31:09,150
Okay, and the last on the list is

458
00:31:09,150 --> 00:31:11,010
this is a request to withdraw the hearing

459
00:31:12,370 --> 00:31:15,070
for a 47-lear street

460
00:31:15,070 --> 00:31:18,790
We'll be Daniel Ford, can I get a motion please?

461
00:31:19,530 --> 00:31:31,190
I move to approve the request to withdraw for 47-year street money for Daniel Ford for variants from section 7 C table 4.

462
00:31:31,310 --> 00:31:31,970
I go second.

463
00:31:32,270 --> 00:31:32,990
Okay.

464
00:31:32,990 --> 00:31:33,670
Question?

465
00:31:34,390 --> 00:31:37,110
Is this withdrawn without prejudice, right?

466
00:31:39,170 --> 00:31:39,390
Okay.

467
00:31:40,210 --> 00:31:40,870
I'm good.

468
00:31:41,510 --> 00:31:42,050
Can I go to second?

469
00:31:42,230 --> 00:31:42,670
I can.

470
00:31:42,910 --> 00:31:43,410
All in favor?

471
00:31:43,410 --> 00:31:47,690
I really, there's two variants, let me make the motion, sorry.

472
00:31:48,010 --> 00:31:56,750
I also move to approve the request to withdraw 47 Leer Street for Daniel Ford for the

473
00:31:56,750 --> 00:32:04,130
variants from Section 7D Table 2 and Special Permit and a Special Permit, too, sorry.

474
00:32:04,670 --> 00:32:07,250
A Special Permit from Section 4, C.

475
00:32:08,570 --> 00:32:09,290
Can I get a second?

476
00:32:09,290 --> 00:32:17,070
So I get all in favor, all right, so moved, all right, that looks like that is basically

477
00:32:17,070 --> 00:32:23,030
it for the evening, so I can I get a motion to adjourn and move to adjourn.

478
00:32:23,250 --> 00:32:23,990
Any other second?

479
00:32:24,010 --> 00:32:24,250
Good.

480
00:32:24,630 --> 00:32:25,570
All in favor?

481
00:32:26,050 --> 00:32:26,210
Aye.

482
00:32:26,830 --> 00:32:27,270
Moved.

483
00:32:28,210 --> 00:32:29,090
Oh, that's a world record.