##VIDEO ID:EQ-136EZKlI## e e e e e e e [Music] [Music] [Music] good afternoon everyone this is the November 21st 20124 meeting of the chadam zoning board of appeals pursuant to Governor Hy's March 29 2023 signing of Act of the acts of 2023 extending certain covid measures adopted during the state of emergency suspending certain provisions of the open meeting law until March 31 2025 this meeting of the chadam zoning board of appeals is being conducted in person and via remote participation every effort will be made to ensure that the public can adequately access the proceedings as provided far in the order a reminder people who' like to listen to the meeting while in progress may do so by calling the phone number 508 945 4410 conference ID 1111 983 832 pound or join the meeting online via Microsoft teams through the link on the posted agenda while this is a live broadcast and simoc cast on chadam TV despite our best efforts we may not be able to provide for Real Time access we will post a record of this meeting on the town's website as soon as possible in accordance with Town policy the public can speak to any issue or business item on the agenda during the meeting when recognized by the chair the procedural steps are as follows we do a roll call of all board members um do we do that now we did that first I pulled the blank and then we ask if any citizens on the uh board uh uh anybody participating on the call um um just give your name and your last four digits of the phone number for identification purposes the hearing notice is read by staff Z o' on my right you or your representative will present the appeal or application anyone in favor of the appeal or application may speak there's a five minute time limit and there'll be a clock up there that we follow religiously um then I will read or summarize all the letters that we receive anyone against the appeal or application may speak for up to five minutes then the applicant can rebut that um testimony board members will direct any questions to anyone present if they wish once we get all our further information we will close the public hearing once we close the hearing there'll be no further conversations with anybody that is not on the board unless and until somebody from the board asks asks a specific question to somebody um that's been involved with the application other than that there is no B back and forth once the public hearing is closed um then we uh once we close the public hearing then we deliberate usually we vote on the application all votes are taken by roll call at the end of the meeting we will close with a verbal confirmation and note the time of adjournment I would ask you to please shut off all devices that make any noise whatsoever um vote our members are David v um Edward Acton David Nixon Paul simple Lee Hy um Steve dor and Virginia Fenwick voting today are Virginia Fenwick Steve dor Paul simple David Nixon and David V and so you need to get four out of five votes to Prevail that's a super majority that's the rule in Massachusetts and um with that I think we are going to go to um a roll call of all board members to authorize this former meeting Virginia Virginia fic I approve Steven dbor I approve Lee Hy I approve Paul C SLE I approve David S Nixon I approve uh Ed Acton approve uh and David H Fe I approve and Randy podes I approve as well um Paul do we have any yes we have minutes of October 24 2024 uh I'll move to approve those minutes as published Dave V seconds and votes yes I vote Yes Paul votes yes Jenny votes yes as do I and that ought to do it our first application uh Sarah is uh 24-16 minglewood homes I believe this is going to be a request for a continuance application number 24-16 minglewood homes car of William G litfield Esquire 330 Orleans Road North chatam Mass 02650 owner of property located at 13 Captain NOS way also Al shown on the town of chadam successors map 11c block 5 lot h13 the applicant sees to construct an elevated stairway Landings and kayak rack under section 4 a3a of the protective bylaw the lot contains 57,500 ft in the R40 zoning District a special permit is required under M General Law chapter 4A section 9 and Section 8 d2b of the protective bylaw attorney Lichfield welcome thank you madam chair members of the board Bill Lichfield the the chair's precence is correct we are seeking a continuance Sarah advised me that January 23rd would be the appropriate date I believe already signed the extension document and if I haven't I will uh we are going to be revising the plans and need time to do that and to get them back to you for a hearing so we would ask for a continuance I'll move to Grant the requested continuance to January 23 2025 uh dve seon votes yes yes all votes yes Steve votes yes Janny votes yes thank you very much thank you see you next time okay next application is uh 37 junip rain West 24-19 application number 24-11 9 Bridget makes car of Matthew Cole P box 1858 Northeast h mass 02651 owner of property located at 37 Juniper Lane West also shown shown on the town of chadam assessor map 4D block 40 lot M5 the applicant proposes to change alter expand a non-conforming dwelling and a non-conforming lot via the construction of an addition and deck the existing dwelling is non-conforming and it is located 12.4 ft from the Seth Le butter the proposed addition will comply with all dimensional requirements of the bylaw the proposed deck will be non-conforming in that it will be located 12.3 ft from the soulya butter Weare our 15t setback is required the existing building coverage is 930 ft 6 2% and the proposed building coverage is 2,276 Ft 14.99% where 15% is the maximum allowed the law is non-conforming and that it has 90.6 ft of Frontage where 100 ft is required and contains 15,181 ft where 20,000 ft is required in the R20 zoning District a special permit is required under master Law chapter 48 section 6 and section 5B of the protective bylaw welcome you could just state your name great thank you Matthew Co from Cape Associates for the applicant with me today is Stephanie sequin from Ryder and Wilcox um so I think Sarah said it all um we are seeking to uh make improvements to this property um we are representing Bridget makes who has been a long-term holder of this property she's owned it since 1983 um and um you know it's in an R20 District um the property and um the structure are non-conforming so I'll turn it over to uh Stephanie to walk walk through uh the plan and what we're seeking to uh do hi good afternoon Stephanie squin with rer and Wilcox and yes the existing lot is non-conforming due to the the lot size being less than 20,000 square feet and the frontage being less than 100 feet um the existing building that we've located uh conforms to all setbacks with the exception of the sidey yard setback on the south the corner of the building is 12 .3 feet from the property line where the requirement is 15 feet there's also um there I want to make a little correction in in what um I believe Sarah read uh if you look in uh on the plan the dashed line is the existing deck that is going to be removed and the existing deck ties into the building at that southerly corner so the existing building and the deck are both 12.3 ft from the property line the building is going to stay the deck is going to be removed and the um addition is going in place of uh a portion of that existing deck the corners of the proposed Edition are uh just over 15 ft from the property line so the addition was designed specifically so that it met the the minimum setback requirements from the property line what will remain within that 15t setback is the exist existing Deb um I'm sorry the existing building um so just one little clarification there otherwise um the the proposed addition complies with the front yard setback the a butter setback to the North and the uh rear lot line setback uh and it has been designed to stay under just under the 15% uh building coverage that's allowed the proposed building coverage is 14.99% um the it's just a single story building uh I've got the existing and proposed height calculations it's well under the existing height is uh 17 fet and the proposed height is uh 16 feet so it's well under the 30 feet maximum that's allowed uh and I think the only other thing I will mention there is this is an existing two-bedroom house it will remain a two-bedroom house the existing septic system is located in the back yard and the proposed Edition is encroaching on those components so we have designed a replacement system that um meets the setback requirements from the from the laot lines and from the proposed addition um so we're all set as far as the the septic goes thank you oh thank you um did you go through the criteria or did I just did I just missed that we were actually talking our just so you know our our lists were rearranged ched and so there was a question and nothing to do with you okay so going back did you go through the criteria I apologize would you like me to walk through the special permit criteria thank you great are you done yeah thank you um so adequacy of the site uh the single family use is a standard permitted use in the zone care was taken to design to conform to all setbacks maintain the single story low nature of the structure and maintain good buffers around all sides of the addition from the street neighboring properties suitability of the site the site is in the R20 Zone where the single family use is a standard permitted use impact on traffic flow and safety uh again there's no change in use here uh there's no impact to traffic flow and safety uh anticipated impact on neighbor and visual character uh the single story ma massing of the house is maintained the improvements to the structure expand upon the Charming Cape Cod shingle style aesthetic of the home consistent with the neighborhood adequacy and method of sewage disposal Source in water and drainage uh Town Waters to uh continue to service this home a new and improved septic system is to be installed as is additional drainage adequacy of utilities and public services again no change noise and litter proposed structure will not add to noise or litter um compatibility of proposed use with the surrounding land in uses again uh single story massing of the house is m maintain the improvements um expand upon um the character that is present now and stays very consistent um with what's there in the neighborhood impact on the natural environment um the property is located outside of wetlands and water bodies impacts are mitigated by providing subsurface drainage okay thank you very much um is there anybody here and Microsoft teams that wishes to speak in favor of this application if so please Syndicate seeing none I will read the correspondence um Judith Georgio our health agent tells us on 1119 2024 that she has seen the uh plans to renovate and add an addition to the property it appears that the dwelling will maintain the existing two-bedroom layout a site plan showing the location of the septic tank and leeching area in relation to the addition is required um okay is there anybody here on Microsoft team seems that wishes to speak against this application or has a specific question seeing none questions from the board Virginia Fenwick Stephanie could you just confirm the height I think you said 16 I did I was reading I realize now I was reading the figures from the grade plane the height the existing is 17.5 and the proposed is 18.4 it's getting it's not getting any taller the grade plane is just getting lower okay yeah I I when you said 16 I thought you meant 18 I just wanted to get that clarified for the record thank you thanks any other questions from Virginia Fenwick no no more questions okay just questions Steve I have no questions just questions I have no questions well no questions no questions Ed uh no questions and nor do I okay nor do I okay Paul I'll move to close the hearing and move into deliberations dve seconds and votes yes yes all votes yes J Steve Steve votes yes JY votes yes all right very good so deliberations Dave vich um well I certainly uh this is is um meets um our criteria it's not substantially more detrimental I think it's a real Improvement uh it's it's not a a huge change I think it works well from the existing house property and it's uh um nice to see that in many respects so I will be supporting it and Ed um yeah it meets our uh special permit criteria uh I don't have any concerns and it it seems it will fit in well the neighborhood and David Nixon I agree with the previous two gentlemen okay Paul um I agree you've seen a lot of changes in Juniper Lane West towards the pond uh a number of uh revisions to houses at 91 and 94 and so forth um you're at 14.99 in terms of coverage I assume you're going to be careful about not exceeding that 15 y very careful okay um I have no other questions about it and I think it Mees our criteria so I'll will vote in favor okay Lee yeah I I agree with my colleagues I think it's a very thoughtful and appropriate renovation of a home and um even though it is maxing out the building coverage almost um I uh it's it's it's an appropriate at structure it's one story and I think it's going to give the homeowner some um some good new space and Steve deliberations yeah I was concerned about the uh intensification and going to you know a hundredth of a point uh away from the maximum but um I don't think it's going to be um detrimental to the neighborhood it is on one story it's not going to be you know something that's looming over the road there are two at least two large houses across the street from this one I think that that are fairly large um I think it's a nice project and Virginia family uh I agree with all my colleagues um I think the reason you're maxing out is because you're starting with such a small home so I think that it makes um what you have proposed makes a lot of sense and I I really love how you have kept the house and you are really nicely Incorporated in the the addition so um I think it's very well done and I would support it it meets our criteria thank you yeah and um I don't have anything to add um so Paul um I'll move to approve the application as submitted I guess the question is conditions and and the question of uh construction activity during the summertime period uh what are your thoughts about when you'll be beginning work and how it will go uh we hope to begin as soon as able as we are able to to and be done before the summer all right um there's not an awful lot of uh traffic on that road uh but uh are you able to keep all construction vehicles and so forth on site yes okay I'm not sure that we see a need for imposing the full conditions in this situation so I would be inclined to say I would approve I would move to approve the application with the condition that all construction activity and vehicles uh shall be contain on site or at a neighboring property with the permission of the property owner uh I don't think we see any need for additional restrictions does anybody see any need for additional restrictions no no seeing none so okay so I move approval on that basis uh da dve seconds and votes yes I vote Yes all votes yes Steve votes yes Jenny votes yes and it's unanimous congratulations thank you very much all right moving right along to um application 24-17 24 North Skyline Drive application number 24-17 Chris and Christine Deval car of SV design LLC 693 Main Street chattam Mass 02633 owners of property located at 24 North Skyland drive also shown in the town of chadam assessor map 11h Block 17 lot H6 63 the applicant seeks to enlarge extend or change a conforming dwelling and a non-conforming lot via the construction of an addition the existing dwelling and proposed addition comply with all bul and dimensional requirements of the bylaw but is considered a substantial alteration in under the second accept Clause of section six of chap Mass General Law chapter 40a such substantial alteration requires the grant of a special permit the existing building coverage is 3,32 ft 88.9% and the proposed building coverage is 3,300 99 sare ft 99.9% where 10% is the maximum allowed the law is non-conforming in that it contains 34,100 ft or 60,000 ft is required in the r60 zoning District a special permit is required under Mass General law chter 48 section 6 and section 5B of protective bylaw welcome just please state your name sure thing Paul malun from SV design here representing the duville family Chris duville is in the audience here and uh their project at uh 24 for North Skyline Drive okay as Sarah mentioned we're an undersized lot we're an r60 Zone and we have 34,000 a little over 34,000 Square fet where 60,000 is required uh our addition is is on the rear of the elevation rear yard uh one-story addition with some unfinished uh Foundation space uh below uh we're adding a bedroom and a bathroom off the back of the house um you can see here in the on the site plan uh the the northernmost point of the house is a garage and that projects out into the rear yard and our new addition is generally mimicking that shape creating an outdoor space between these two forms uh the the lot itself at 34,000 Square ft gives us a pretty good opportunity to place this addition with with great distance to the sidey setbacks uh we're about 68 ft a little over 68 ft to the southern setback we are 48 ft to the uh the northern setback and and a little bit less uh when we account for mechanical equipment um the building coverage is increasing uh our addition on the first floor level is 363 square feet uh bringing our total uh building coverage up to 99.9% the addition itself the materials will match the main house as as much as we can uh the sopit and fascia details will wrap around the structure connecting into the existing structure so it will be fully uh there'll be continuity in the elevations um with that I'm happy to go through the criteria please do adequacy of the size of the site in terms of the proposed use uh no change to the use a single family residential uh structure and again um we're going to 9.9% where 10% is the maximum uh suitability of the site for the proposed use no change in use single family residence in an r60 Zone impact on traffic flow and safety uh we don't believe there is any change in the traffic flow and safety of this particular project impact on neighborhood visual character including views and Vistas as a one-story structure to the rear of the the property we don't expect any views or Vistas from neighboring properties are interrupted at all and uh from an architectural standpoint in um integrating the new design into the existing architecture means that there is some continuity in what we're doing here um adequacy in the method of sewage disposal source of water and drainage uh drainage will be kept on site and the uh sewage system um we do have a five-bedroom design and there there's a note from uh Judy in the uh in the uh comments about completing the five uh bedroom system so um we're we're only adding that one bedroom to max out our five-bedroom U allotment um adequacy of utilities and and public uh Services there's no change no upgrade noise and litter uh no addition to noise or litter uh created by the modest addition um compatibility of the proposed use of the surrounding land uses it's a single family residential neighborhood and um no impact on natural environment environment and uh no visual impact on the neighborhood and and town visual character of any uh formal business establishment okay thank you so much is there anybody here on Microsoft teams that wishes to speak in favor of this application if so please make it known seeing none I will read the four correspondences that we have first one is from Judith Georgio our health agent she tells us on 11:19 2024 that she re reviewed the plan to renovate and add an addition to this property the dwelling is connected to a shared alternative septic system and was allotted sewage Flow by deed and Covenant for five bedrooms the addition of a bedroom at this time is allowed by right I have no objections then we have a note from Rick and Maggie Fury of 202 North Skyline Drive they tell us on November 19th 2024 that they're writing to express their full support for the proposed Edition by Chris and Christine duville we are located directly behind the property and will likely be the most impacted by the expansion and construction we understand and appreciate their desire to have an extra room for their family and have no issues or concerns whatsoever then we have a note from Kevin Downey on 230 North Skyline L Drive they he tells us on November 7th 2024 that as an interested party due to Shared septic with the property located at 24 North Skyline Drive and as it pertains to application 24-17 regarding a special permit for construction to en llarge extent a change a non-conforming dwelling ma change a conforming dwelling my wife Christine and I support the approval of the special permit then we have a note from from John and Marcy pucker from 252 North Skyline Drive on November 5th 2024 writing to tell us that they support their neighbors desire to add an addition to their home at 24 North Skyline Drive and they believe as an abutter the proposed addition is complimentary to their home as well as an asset to the neighborhood and they tell us not to hesitate to let them know if we have any questions which we might but I don't think so um all right is there anybody here in Microsoft teams that wishes to speak against this application if so please make it known seeing none questions from the board David V just questions I have no questions Ed no questions David I have no questions no questions no questions I have no questions no questions all right nor do I Paul I'll move to close the hearing and move into deliberations d seconds and votes yes yes Paul votes yes Steve votes yes Jenny votes yes yeah very good um deliberations Jenny meets all of our criteria um in my opinion uh it's a beautiful property and the addition makes complete sense so I would support it all right Steve we'll just go right around yeah I was concerned at first when I saw five bedrooms but it appears that it's permitted for that I have no isues it looks like a nice project we I agree with my colleagues um meets our criteria and it will not be detrimental to the neighborhood and Paul I agree it meets the criteria and he has the support of the three neighbors who are surrounding in the back area there so it seems to me they're the ones most important impacted here so I I think it meets our criteria and I will approve it and David Nixon meets all our criteria and Ed Acton agree with my colleagues and David V and I agree with all previous as do I it's um a beautiful house and uh a lot of times when we see big getting bigger you know we we pause but this doesn't uh fall into that category and uh with that any uh any conditions Paul well I guess the question is what your plan in terms of construction as soon as possible and I do believe we can keep all of the construction uh debris and and trucks on the site all right um this neighborhood is a little bit more crowded uh do you see any need for restriction on building during the summer months I I suspect that would be fully enclosed by the summer months okay um I'll move to approve the application as submitted with the condition that all construction uh vehicles and let me see if I can find that that uh all construction activity and vehicle shall be contained on site or at a neighboring property with the permission of the property owner David second and votes yes yes all votes yes Steve votes yes Jenny votes yes okay it's unanimous congratulations thank you all right moving right along today and our next application is going to be 95 West Pond Road 24-18 application number 24-18 Wendy coish care of SV design LLC 693 Main Street chattam Mass 02633 owner of property located at 95 West Pond Road also shown on the town of chadam assessor map 6G block one LW M10 the applicant seeks to enlarge extend or change a conforming dwelling on a non-conforming lot be the construction of an addition the existing dwelling in proposed addition will comply with all bulk and dimensional requirements of the bylaw but is considered a subst stantial alteration and under the second accept Clause of section 6 of Mass General Law chapter 48 such substantial alteration requires the grant of a special permit the existing building coverage is 998 Square ft 99.1% and the proposed building coverage is 1,644 square ft 14.95% where 15% is the maximum allowed the lot is non-conforming and that it contains 11,000 square feet where 30,000 square feet is required in the R30 zoning District a special permit is required under master General Law chapter 48 section 6 and section 5 b of protective bylaw welcome thank you Paul malun ask for you design here representing Sue young and Wendy Kish in their project at 95 West Pond Road um as Sarah mentioned we're in an R30 Zone here and we have a small lot so we've got 11,000 square feet to work with where 30,000 square feet is required um our our addition is a one-story Edition connecting to the main house with a a simple connector a mudroom connector and a um series of spaces on the the bulk of the addition we are including a ramp that may or may not be built right away uh to get up to the um the now main entry in the in the mudroom space um the lot coverage is the main reason we're here we're at 99.1% going to 14.95 um but still underneath the 15% maximum uh the addition itself self the the details the materials uh Windows colors all that will be in coordination with the existing house so we feel like it's going to fit into the neighborhood fairly well we are um compliant by way of setbacks um and um I think that's it um I do uh have the criteria please great uh adequacy of the size of the site in terms of the proposed use it is a single family uh use in a single family neighborhood in the R30 Zone um again we do have uh dimensionally conforming sidey yard setbacks here to the proposed structures uh suitability of the site for the proposed use no change and use single family uh residents um all the way through uh impact on traffic flow and safety I don't believe there'll be any impact on the traffic's flow and safety we'll still have plenty of parking on this particular property um impact on the neighboring visual character including uh views and Vistas as a one-story addition it it's fairly low slung and we do feel like this this small Gable end facing the street provide some character to the to the property and to the neighborhood uh adequacy of the method of sewage disposal source of water and drainage um there's no change in sewage flow and we've had a good discussion with Judy this morning to um talk about her original uh review of the project and uh uh come up with the um conclusion that we still only have three bedrooms adequacy of utilities and other public Public Services uh no upgrade to electrical service is needed and water flow will um will remain the same uh noise and litter uh no additional noise or litter will be created by this modest addition um compatibility of the proposed use with the surrounding land uses um again single family uh neighborhood single family residential use uh there'll be no impact on natural environment including slopes vegetation Wetlands groundwater uh water uh water bodies um and we don't believe there'll be any visual impact on the neighborhood as a pertains to town visual character of any formula business establishments okay thank you is there anybody here are on Microsoft teams that wishes to speak in favor of this application if so please make it known seeing none I will read uh Judith Georgio a health agents note from November 19th 2024 I have reviewed the plan to add an addition to this property the addition is concerning in that it'll be it will allow for privacy in the new Wing which resembles a bedroom suite the plans must be revised to meet the requirement of the Board of Health six-foot cased openings on both sides of the mudroom uh will be required additionally floor plans of the second floor to confirm existing bedroom numbers are needed for review um did you want to um just elaborate on what your understanding is now she mentioned she was going to send an updated note to to the board um no uh we talked about uh entering the mudro and on the right hand side creating a six- foot opening there as that is part of the new construction and keeping a partial height wall there so we we have a wide opening into the new space uh the 4 foot opening that's into the existing hallway is is generally maxed out by the way the interior of the hallway Works um this this was my discussion with her and she seemed to agree okay do you have any comments on that um Mr Briggs Building Commissioner whatever makes Judy happy I'm okay with okay tell that we did meet this morning and she mentioned that she'd be sending over an updated uh note to the board okay yeah thank you okay um is there anybody here or our Microsoft teams that wishes to speak against this application or has a specific question seeing none uh questions from the board Virginia Wick um my only question was that bathroom I mean bedroom situation so we're okay with you say it's the information's coming to us or yes okay so um no other questions okay Steve questions yeah I was gonna I was hoping you could or we're going to elaborate on um what um what the Board of Health said because it the floor plane is a bit curious in that the dining room is on the complete opposite end of the house as the kitchen is so and you have to walk through a hallway and a mudro and everything else to get to it so it does look a little suspicious sure um but as long as you talk to Judy about it then um and squirt it away with her then I'm fine I'm okay with that I'm confident in my discussion with Judy okay good thank you thank you okay Lee I I had the same concern but I'm goingon to let Judy handle that one and Paul I have no questions and David Nixon no questions and Ed uh no questions and David Beach um I just noticing Paul that there's a new generator and that meets the uh setback sideline setback requirements yes okay okay and um okay I I don't have any questions either Paul I'll move to close the hearing and move into deliberations dve seconds and vote yes yes votes yes Steve votes yes Jenny votes yes all right very good deliberations uh Virginia Fenwick U I um I think that even though they're maxing out their number um it's an attractive addition and I mean they're really adding a lot in that addition a mud room a family room a bathroom a laundry room uh and I think that even though it's a neighborhood of smaller lots and smaller homes um it's an attractive um and useful addition so I um do not think that it's substantially more detrimental okay Steve I agree with with Jenny everything that she said I think it is a nice addition and um it'll U you know it'll add a little character to the house okay and Lee I agree as well um it's it's maxing out but it's still very appropriate for the neighborhood so it meets the criteria and Paul yes I think it gives a good benefit to the use of the house it's very appropriate uh it certainly meets our criteria it's nice to see a neighborhood that looks affordable and David nion yeah two things uh that come to mind for myself number one uh I'm glad you resisted or they resisted the urge to go to two stories agre I think that would have um that would have been detrimental at least to me absolutely and secondly and I understand because I think as Miss Fenwick pointed out it's a small lot uh going up to 14.95 or whatever it is uh I hope you know we don't want to see you if you go over the 15 and you need something understood fix it these dimensions are cor board dimensions we'll be absolutely sure or lower okay uh it looks fine to me meets our criteria so I'm good with it yeah I I agree with all previous okay I'll move to approve the application as submitted I think in this situation given the uh congestion in the area that the conditions may be appropriate so I would move that all construction activity and vehicles be contained on site or at a neighboring property with the permission of the property owner between June 30th and Labor Day no exterior construction will be allowed no work shall be permitted on the weekends and constriction activity between 8:00 a.m. and 5:00 p.m. only Dave V seconds and votes yes D yes all votes yes spe deor votes yes Jenny votes yes okay it's unanimous congratulations again thank so much good luck take care next we have 24-120 Canon Hill investment properties 325 wiow road with attorney William F Riley Esquire okay application number 24-120 Canon Hill Investment Properties LLC care of William fi Esquire peel box 707 chadam Mass 02633 owner of property located at 325 witer Road also shown on the town of chadam assessor map 13k block 7 lot W10 the applicant proposes to change alter or expand a non-conforming dwelling on a conforming lot VI the construction of an addition or of a deck uh the existing dwelling is non-conforming and that it is located 27 ft from the coastal Conservancy District the proposed deck will be non-conforming and that it will be located 32 ft from the coastal Conservancy District where a 50-ft setback is required the lot contains 51777 ft² or 40,000 ft² is required in the R40 zoning District a special permit is required under Mass General Law chapter 48 section 6 and section 5B of the protective bylaw Mr Raley welcome nice to see you good afternoon and I was thrilled to see you guys just approve 14.9% 95% building coverage so I'll be in next week with 14.96 so it'll never never happen for you Mr Riley we we like that applicant Mr Riley so the uh well good afternoon I'm representing the pulsifer family here and they uh they had a construction project where they enclosed uh a covered porch and there was apparently some miscommunication between the property owner in the uh in the contractor initially uh they were just going to do a little gate at the front and then uh they installed uh folding windows that extend out towards the uh outside the building so they needed space outside the building so they could fold the open the doors so that's why we're here seeking a 4 foot 10 in uh deck on the front it does uh it's non-conform it's increasing the non-conformity because it's 4 feet 10 in closer to the the uh Conservancy District than the existing building uh but uh you know it adds no mass or building coverage to the building and uh you know it's it uses a wire uh for balls so that there's no there's literally no Mass to the to the uh the structure at all so and uh it doesn't involve any excavation on the property because it's being supported by Canal levers um show another oh I all right so if you give me the side view there you go all right so you see the caner lever on on the on the left hand side there that's supports it so there' be no excavation either so we think that this is as modest renovation addition as you can have U but it will Pro provide the family with uh outdoor space as a part of their U patio area the inclosed patio area so we think it's very reasonable I'm happy to run through the criteria if you think that's appropriate just the ones that are particularly relevant to this application okay so I think adequacy the size of the site in terms of the size of the proposed use and that uh in that criteria they specifically mentioned uh building coverage and setbacks and there is a uh very minor further encroachment into the setback but there's no increase in building coverage so we think it's very reasonable uh compatibility size of the structure we're not increasing the size of the structure increase in non-conforming nature it is going to be 4 feet 10 in closer to the Conservancy District uh but if you've been to the site you know that there's no uh it's not going to have any effect on the conserva district itself uh because it's a deck rainfalls through it you know it won't so it won't increase any runoff or anything U suitability of the site okay there's no excavation because we're can't delevering it so we think that uh you know the site is suitable for the proposed work the we don't think that first of all it's on the back side of the house so we don't think it has any impact at all on neighborhood visual character including views Vistas streetcape uh it's compatible single family use compatible with all the neighboring uses um and I think the balance of the conditions really aren't applicable except we will say no increase in noise and L okay very good thank you so much is there any anybody here or on Microsoft teams that wishes to speak in favor of this application if so please raise your hand nobody's here and so I will read the one correspondence I thought there'd be one from conservation and I just learned that there isn't one because you're not disturbing the land so um that's interesting um other than that we have a note from Judith Georgio on November 19th 2024 she tells us very briefly that she has no concerns regarding the proposed deck at this property the end um it does list that there's a conservation note um oh I guess there is one but um basically you didn't have to go there right so there's no issue okay and we are told that on October 29th 2024 okay very good is there anybody here on Microsoft teams that wishes to speak against this um applic ation please indicate seeing none questions from the board we'll just start with Dave be I have no questions Ed uh yeah I guess I'm curious I I think you presented that this was a mistake by the Builder perhaps misunderstanding misunderstanding what was a misunderstanding the the initial thought was that the the the windows would slide they didn't realize they were going to be folding out so even if they were going to slide you'd need some type of deck or Landing there they were just going to put my understanding was as a result of my conversation with Sarah this morning that they were just going to put a railing immediately in front of it okay and I guess the other question is you could also have these bold to the inside well that's not my pay grade so I got I got I got they fold out so here we are okay uh no no other questions okay David Nixon questions yes I I'd like to ask the two gentlemen to my left is there such a thing as a house with too many decks I mean is that a possibility and don't worry Mr rally I it's not a criteria it's just a question I'm looking up I'm looking South East North everyone they enjoy the outside David they love the view they've never been outside they he see they didn't dare go outside no no they're I tell you they they're tan they're so they go outside so much they're brown as berries I tell you so I I guess okay all that being said I I'd say if there's views you know put decks a lot of times they don't get used MH I I especially have seen decks like you know roof decks and things that that don't get used and I also second floor balcony don't seem to get used as much as people think um so you know I I I I don't know if it's too much in the way of decks but sometimes they get there are quite a few decks house that don't really get used very much so okay uh questions from Paul simple are there any well I didn't think there was anything that was not in Bill's pay grade but uh I guess that's not the case so I have no other questions thanks all right Lee no questions and Steve um well the only thing I was going to ask was I you said it was a misunderstanding but I don't know how you get from sliding Windows to folding doors without somebody you know not noticing all right well but um you know I you know that's I guess it's water under the bridge it's already done so I have no questions it was asked any answered how's that all right no questions okay Paul I'll move to close the hearing and move into liberations Dave V seconds and votes yes yes all votes yes Steve votes yes Jenny votes yes okay so um deliberations Paul well I think clearly it's not going to have any effect on the neighborhood uh and uh I think it follows our criteria so I will vote in favor and Lee I agree um um at first we weren't sure where that deck was going but then I noticed that there were doors there and it's you know it's it's obvious it's common sense and it's a borderline safety issue so I'm glad they're putting some a deck there right yeah and Steve I think it's a good solution to the problem you know can Levering the the deck out so you're not disturbing anything the ground underneath it's a good idea um okay very good and Jenny yeah I agree two things um the house is already at 27 feet so that has already I sort of feel like we've already crossed the you know the concern there um and the fact there's no disturbing you know to the ground um I think it's and I think that it's a beautiful view so they want another deck I support it okay and uh David Beach deliberations yeah I know I think it's a good solution I the only I mean the only thing that I think about certainly I mean this is certainly for for summertime use I mean they have that much glass and that many open doors facing the Northwest Winter Wind clearly that's not the time of year that people are thinking about using this space but uh that's not really part of our our uh criteria here I just a comment when we're asking about think so but no I I think it's not substantially detrimental in any way to the neighborhood and we support it okay and Ed if you were voting uh I think it meets our criteria I think it's probably a better design than you know railings right in front of a a slider um I think it'll be fine yep and David Nixon last but not least yeah well I'm very glad you didn't tell us about the homeowner taking the first step because that supposed to be a long way now okay Paul U I'll move to approve the application as submitted um it seems to me what's your plan in terms of Construction Bill do you know I think they want to get going right away uh I think maybe just the uh all construction activity and vehicles should be contained on site or at neighboring property with the permission of the property owner should be sufficient dve seconds and votes yes I vote Yes all votes yes Steve votes yes Jenny votes yes that's unanimous congratulations pleasure yes it is more for you than for me all right now we have John Goen 24-1 124 58 echol Lane chadam Mass whenever Sarah is ready application number 24124 John Goen care of John Goen 58 echol Lane chatam Mas 02633 owner of property located at 58 echol Lane also shown on the town of chadam assessor map 9k block 44 lot h16 the applicant seeks to enlarge extend or change a conforming accessory structure on a non-conforming lot VI the creation of Hab habitable space above the existing garage the existing garage complies with all bulk and dimensional requirements of the bylaw but is considered a substantial alteration in under the second except Clause of section six of Mass General Law chapter 4A such substantial alteration requires the grant of special permit the building coverage will remain 1,561 ft 5% or 10% is the maximum allowed the law is non-conforming and that it contains 31,3 Square ft or 60,000 ft is required in the r60 zoning District a special permit is required under master General Law chapter 48 section 6 and section 5B of the protective bylaw Mr Goen welcome Hey thank you for your time um yeah John Goen nice to meet you all I live at 58 echol Lane um I'm looking to make improvements on the second floor of an existing structure of the garage um there'll be no changes to the exterior of any of the buildings simply I'm looking to get electric up to code put insulation in and put drywall up um to use a space as an office um for work remote Y and you provided us with some written findings do you want to just go through the ones that are relevant yeah happy to um there is I guess first of all no um changes the exterior of the structure that's in place currently the the garage that's there which is pictured um I will be uh performing most of the work myself um and it'll be minimal disturbance to the neighborhood all the vehicles be parked within the driveway if you had a chance to drive through um it's also a dead end street with not a lot of traffic there um there will be no changes to the space around the building with any runoff because there's no no change to the existing structure um therefore also given that um you know the structure is there currently there's no changes to the Aesthetics of the neighborhood so it should fit in with um the neighboring buildings that are there additionally with the use um looking to really just expand my space to work from home so no changes to the existing space and how it'll be used in the future okay well thank you very much is there anybody here or Microsoft teams that wishes to speak in favor of this application if so please make it known seeing none I will read the two correspondences that we have one from Judith Georgio our health agent she tells us on 1119 2024 that she's reviewed the plan to add Office Space over the detached garage at this property the proposed space will not have any bathroom facilities and will not be considered a bedroom then we have a note from Nancy Stella and she uh lives at 66 Echo and she tells us on November 8th that uh she is in favor of the appeal and that concludes our correspondences is there anybody here or Microsoft teams that wishes to speak against this application or has a specific question seeing none questions from the board David V I have no questions Ed no questions I just had one I know you stated that you weren't going to put any bathrooms or anything like that do you have water in there uh there's an outside water spet but nothing nothing inside nope thank you okay Paul no questions no questions Steve has no questions JY no questions and nor do I I'll move to close the hearing and move into deliberations Dave V seconds and votes yes yes all votes yes Steve votes yes Jenny votes yes okay uh deliberations Jenny um I think that it's a great project and um meets our criteria not substantially more detrimental I would support it and Steve I think it's a good project to way to use some uh get some use out of some space it's a good idea yeah we I I agree um it's not changing any of the building coverage nothing exterior is changing kind of surprised he's here but go along with that so I if I were voting I'd totally be in favor and Paul I don't see it having any effect on the neighborhood so I will vote in favor and David certainly fine with me and uh agree with the rest of my U uh members here and David V A refreshingly Modest Proposal before us I definitely support it now that you've all disclosed your opinions I will just submit that uh this is my son-in-law's brother and I know John I am not voting nor do I have any financial interest in this at all I'm glad that he's going to be warm when he works at home this winter and uh with that Paul I'll move to approve the application as submitted I see that they will have some electrical and insolution people assisting so I think it makes sense to improve include the uh construction activity and vehicles contained on site um so I'll I'll approve the application as submitted uh with all construction activity and vehicles contained on site or at a neighboring property with a permission of the property owner Dave V sson votes yes yes all votes yes Steve votes yes jinny votes yes it's unanimous congratulations and thank you for your professional findings thank you have good afternoon good afternoon to you all right last but not least 43 Depot Road 24-15 Elizabeth Kane Tate care of Larry Broody application number 24-25 Elizabeth Kan Tate care of Larry Broody PO Box 92 harport Mass 02646 owner of property located at 43 deple Road also shown in the town of chadam assessors map 2B block 30 Block F5 the applicant seeks to enlarge extend or change a non-conforming dwelling and a non-conforming lot via the construction of an addition the existing dwelling is non-conforming and that it is located 14.8 ft from the EAS Leia butter where 15 ft is required the proposed addition will comply with all bulk and dimensional requirements of the bylaw but requires the grant of a special permit the existing building coverage is 100 1,259 ft 11.2% and the proposed building coverage is 1,384 Ft 12.3% where 15% is the maximum allowed the LW is non-conforming and then it contains 11,247 ft where 20,000 ft is required in the R20 zoning District a special permit is required under master and Law chapter 48 section 6 and section 5B of protective bylaw Mr Broody welcome nice to see everybody again have you missed that always did I pronounce that correct yep hopefully this is just as easy as the last one so yeah all of them have been pretty Swift um so as you can see we're uh proposing a 10x 17 addition to the rear left corner of the house um first floor will be a mud room with a sun room going out to the back deck um and the second floor will be a master bedroom um exterior finish will be in light kind with what's there now um the whole house will be reshingled re-trimmed um and all the windows replaced um so which we meet all the dimensional um requirements for the addition um like Sarah said we're going to 12.3% of lot coverage um so we are not pushing up against the limit too far um should I do the criteria real quick if you please okay um the compatibility of the size um the structure is you know similar to that of the existing homes in the neighborhood uh we're really just squaring off the the back corner um we're not increasing any non-conformities um to the property as far as uh dimensional or coverage um the site's suitable it doesn't protrude or extend there's still plenty of room buffering the neighbors um in the backyard um no real impact on runoff or anything the existing grade and all the trees and everything will stay um the house has gutters we'll put it gutters back on where we take them off um it's not really uh impactful of the you know um visual character of the neighborhood as it's in the backyard and really can't be seen um but it'll be in keeping with the rest of the house uh the use Remains the Same as residential um the uh Su septic system on site will stay um no real impact of traffic or flow as we're not adding bedrooms or much use of the house um trash noise litter all that will be you know minimal um and the existing utilities uh will remain okay very good is there anybody here or Microsoft teams that wishes to speak in favor of this application no one's here and looks like no one's on Microsoft oft team either so guess not um I will read the correspondences there are three one from the health department from Judith Georgio on 1119 2024 she tells us she's reviewed the plan to renovate and add an addition to this property it appears that the dwelling will maintain the existing three-bedroom layout by eliminating an existing bedroom on the second floor by converting it to a sitting room that must be passed through to get to the new bedroom Edition the family room on the first floor must have a 6-foot cased opening with no doors to meet the requirement of the board of health health regulations as a common area then we have a note from John dunan from 67 Country Lane he tells us on November 14th 2024 that as an abutter to the subject application he wishes to extend his support to the submitted appeal after reviewing the building plan I believe the completed project will both be an improvement and an enhancement to the existing neighborhood I am hopeful that the members of the zoning board of appeals will grant the special permit then we have a note from Peter dout um 70 37 Depot Road this is kind of an awkward one because it looks just right there oh I see the Tates have shared the plans of their proposed addition to their property at 43 Depot Road and we are in support of the work we think it will be an overall benefit of the to the neighborhood and add value to their home and surrounding properties I think that was a form that's why I'm not used to that okay in any event is there anybody here in Microsoft teams that wishes to speak against this application or has a specific question nobody being here R and Microsoft teams we'll go to questions from the board Virginia Fenwick no question and we'll just go right around I have no questions I have a quick question is it is it not currently a four-bedroom home no it's a three-bedroom oh okay yeah this is a little confusing the upstairs you when they renovated back in the 80s they took a bedroom made it a sitting room so you walk through that room to get to the back room okay thank and Paul have you had any input from uh 34 Country Lane ly behind um no the plans have been shared and nobody it's thickly wooded um but no I haven't heard from them okay I have no other questions David Nixon no questions Ed uh yeah a couple questions um I can't remember is the the generator and the AC condensers existing there that's all existing and then I think the other question was for Jay uh the proposed basement stairway so those are made up of uh interior facing retaining walls which traditionally don't aren't required to me to set back so right now I don't know if you went back there there's like a 15 foot long concrete ramp that runs down and funnels every drop of rain directly into the basement and they have a pump set up just for out if it comes when it comes in so we're going to change that so get rid of the ramp and make it so there's a landing for it a drain okay thank you and David V yeah that was the only question I had was around those steps but that's it okay I'll move to close the hearing and move into deliberations Dave V seconds and votes yes David Nixon yes all votes yes Steve votes yes Jenny votes yes okay now uh deliberations uh Paul well I think it uh has little or no impact on the neighborhood given the location of where it's going to be taking place uh and um I think it improves the house so I have no problem with it I agree I think it's a great project I think it's going to be um some great new space and it meets our criteria and Steve I think it's a nice project as long as you U intend to um to make the changes that Judy Geo yep and honestly they're already made there's already a six foot opening and there's already P then other than that I think think it's a nice project jny Mr brudy I agree with you you uh went through the criteria and I agreed that you meet all of it I think it's a really nice project so I would support it and David Nixon there's nothing detrimental at all about this project no KOA no took it off threw it in the trash took it off thank you uh yeah it meets our criteria David Beach yeah I agree with all the previous I I didn't think about this when I looked at it with that r ramp uh that was not a very good idea there was no drainage on the on the there's like a 3in slit oh boy yeah yeah not well thought out yeah no I I will support it okay Paul well we're going to hear from the Koopa Association of America I I know that um well I'll uh as you know that area uh is is T in terms of Road uh Frontage and so forth you're working now on Pleasant Street and have been for quite a while uh it's difficult to maintain construction vehicles and so forth on site are you able to do that on the yeah we'll be able to with their driveway and then out front on the grass okay um all right I'll move to approve the application as submitted with the condition that all construction activity and vehicle be contained on site or at a neighboring property with a permission to the property owner I'm not sure that we need any of the other conditions I don't know whether anybody else feels that there's a need for them but least at this point I don't see a need for any other conditions no seeing none okay so uh Dave V seconds and votes yes I vote Yes all votes yes Steve votes yes Jenny votes yes and that's unanimous congratulations and uh have a good Thanksgiving thank you you too thankk you all right so uh a motion to adjourn I'll move to adjourn Dave V seconds and votes yes Ed vot sorry y David Nixon yes and Paul all votes yes Le votes yes everybody gets to vote yeah I approve the motion all right I vote Yes as do I and good night chadam and what time is it 4:09 p.m. yeah thank you and good night n [Music] [Music]