##VIDEO ID:-Vk78lC1ShI## e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e hi this is the zoning board of appeals today is January 14th I am Janice Tarka I am joined by members of the board which are Joan Cromwell Yugo Perdomo Joe Mahoney and Arthur Arsenal and the people who keep us staff who keep us going John de priest will ceto who just left us and Hector um VES I know his last name the first case in front of us is 202 2423 73 Library Street they would like to continue to our next meeting do I have a motion to move this to the next meeting M motion is made by Arthur seconded by Hugo all in favor okay the next case we're going to take together but we will discuss ultimately we're going to discuss together because they're married so to speak 2024 2 4 and 20 2425 57 Palmer Street which is and 57 Palmer Street which is the 20 24 case and 75 Palmer Street which is the 25 case um this is the first time we're hearing it so we will not be deciding on this today we will instead be moving it to the planning board on the 28th so you go back to the planning board this room but on the 28th and then back here on the 11th okay so um why don't don't you these are both for special permits seeking approval for a drive driveway opening which is not permitted within the required front yard setback nor within five feet of a s side line side Lot line nor within five feet of a wall containing windows so they are they are basically the same thing why don't you talk introduce yourself and explain to us what it is you're proposing good evening thank you madam chair uh my name is James Christopher of 686 uh Architects with the business address of 10 Forbes Road in brain Tre massachusett um this project was we actually originally filed the easement as a part of the two family project at number 57 uh Palmer which was recently approved and we are working on uh the building permit for that project now it was I forget why but during the course of discussion removed from the original application and agreed that we would do it as a separate application for both addresses later um but essentially there is an existing curb cut between number 75 uh and uh 5 7 Palmer 57 Palmer and 75 Palmer at one point were owned in common and the parking for 75 existed on 57 as a part of the sale of 57 and the development of the site 57 Palmer agreed to provide number 75 Pama with an access uh a parking easement between the two properties so the proposal that is before you tonight which has reciprocating violations that are the same the parking is within 5T of the property line on both SES is for uh Pro uh number 57 Palama to provide a uh 7x 50t uh driveway and parking easement um to number 75 Palama to create two off street parking spaces in between uh the two proposed structures John so clarify to me are we is this one park is this two parking spaces one that's associated with one part or one that's associated with the other or are they sort of I mean I don't explain to me how it just works I istically um there actually two parking spaces that are because of the size and the proximity to the par line they're actually on each side of the of the property line they tandem stradling that's it uh their tandem spaces correct so they're they're located here this is 57 this is 75 this is the two uh the uh two family that um you recently um approved and this is the the easement that would provide parking for 75 57 has parking spaces in the garage and in the parking lot a driveway in front them so the reason why we're they're sort of each separately asking for the same thing is because it's sort of like half on each piece of proper corre they're two separate Parcels so they would have to be uh recorded with each separate deed that's correct the the recorded uh easement stays with the properties in perpetuity uh so that once the parking is created it it it remains and the the the the parking space is actually it's about 7t on 57 and a foot and a half on 75 to create an 8 fo6 wide parking space so are they if they weren't on two separate spaces would they be legal parking spaces or would they still need relief uh they would be uh half a foot short of the width and at hand them so they would just need permit for that any questions before I open it up to the public there being none is there anyone here who wishes to speak on this okay there being none I am not closing the public participation portion of this as I said come back here on the 11th but prior to that go to the planning board on the 28th of January two weeks okay thank you very much see you back then thank you for your time folks the next case that we're looking at is um so 63 Harvard Street Sergio s lant and it's a public hearing and we're here to determine if this is a major or a minor modification and we've been a little confused about this in the past so we're hoping you can clarify of course what it is we are so please tell us what you want to do so then we can determine whether or not we think it's major or minor certainly um well serg Jo s Lon 63 Harvard Street although is mid month happy New Year said happy happy New Year though is mid month um so the intent is to get a small retaining wall with is the same retain well that being been wanting to get approved is the one that orders our neighbor's property um the his structure keeps collapsing um and we are are incredibly worried that it's just just going to come forth we've tried to deal with them but he is not being cooperative at all um in fact in the last session that we had by the fire station it was Defan but that's another story um as you can see so this is what we if I may um so this is what we had originally started um but once the contractor started working on that um our neighbor came to City Hall um got an inspector and stopped the job um because he was not approval approving of that although we did have the permit um and the so what we're seeking is continue building the retaining wall which is going to be 3T um that way we would not have any legal liability if anything comes forward to me what you started and what he stopped and we've been joined by Mar I don't know if you have any other photo that it's a little clear so we started the retaining wall right over here all the way to the end um and then he stopped it yeah and then he even called the police on the contractors yeah so obviously we haven't touched it since since we don't have any right to do that so you were building a retaining wall that abutted his retaining wall is that what was that again you were building a retaining wall that was AB butting his retaining wall it wasn't on his property line no no I'm but it it was on his property line was not no but but you're building a wall to mirror his wall he that's his wall is that correct this is his wall yes right and where you were put it where those where those are where where you were building a wall that basically mirit his wall but was on your property correct okay and so that's what was approved or is that is what want approved well that's the part that I I'm a little confused on um because they've been it was approved but then there was a little confusion in terms of why was it stopped considering we had a permit um and so so so we want to build it 3T High um but considering that it's going to take about 3 ft from our parking space uh we want to extend by another uh 2 feet um the other retaining W that is within our property I think we have another photo I mean yeah that's like that's like that's this property that is maintained in by a block like that's just not okay um so this is the second retaining wall that we are um we want to expand it uh to more feet to compensate for the space that is taken away you mean two more you me feet higher or out out and then we want to level it up so that is plain and is that what you're asking for that was not previously approved correct John is that what you understand this to be I do now okay okay yeah and so this will be demolish and a new structure will be built in just so a little further out um you know level it up and then just have the uh retaining wall by so that previous retaining wall which ab buts your your neighbors is irrelevant to this petition before us correct and again John is that what you understand so really what you're asking is to extend this out two feet and level it and provide for a wider parking to compensate for the parking that's lost on the other side correct yes okay rendering the parking itself with the two car so so it's a new retaining wall though this is not a retaining wall that was the subject of our earlier conversation but it's a retaining wall that compensates for the retaining wall we've already approved correct yeah and the structure you know can use a little love too so we're not into the love thing that's up to you I know um so guys what do you think do you think this is a major or minor can I add question um how long how why will be from the uh before the rocks to the new um retaining wall that you trying to build how like the width how yes of the new retaining wall from the new retaining wall to the uh by the by the Rocks if you level level that up oh so it will be that's 2 feet uhhuh out and then I guess I mean we have it right be here so you're going to put it two feet out and up and square it off is that what you're saying corre yes it would be just a plane and then we have and the plans we have steps on on that side and then in the other side as well that are included in there and what's where this no is what what's there uh that's just a little patio that we have John does this create any other in what they're proposing does that create any other additional non-conformities that we should be considering uh no it shouldn't because it's all on his property it's not a structure per se so it's not needing the setbacks from the from the building so no so it doesn't create it okay and with the other retaining wall we don't have nothing to do with no okay okay as that's I don't that's what I'm understand so that wall is something we've previously approved he's just working out with a neighbor how to get it done in a way that creates Harmony and so what he's asking us is to approve this additional retaining wall to compensate for the fact that he's creating harmony with his neighbor by moving that wall I'm sorry maybe I wasn't is is that true yeah the second statement yes the F uh the first statement when it comes to working with a neighbor there really isn't a probability of making that happen no I mean I'm just I I'm just trying to figure out why you have a reason that you want to move this and the reason you want to move this is because you're moving the other wall correct and you're moving the other wall for issues that are beyond our purview but I just was trying to put it in my mind why you're asking for this change because that helps in my opinion you know person personally for me determine if it seems like it's major or minor okay any other questions questions Marilyn will you be parking on that wall like will you be putting moving a car over that or like once you build a new all those rocks are going to say or oh no every all these will be removed and they will be paved so you'll make more space for more Vehicles it will still be Tandon parking okay it there will be no way the two vehicles it's not wide enough to car yes and that's something that you wanted since last time so okay okay John is it what is the Department's thoughts on this uh the Department's not opposed okay any thoughts any other thoughts I'm sorry what was the Department's they're fine oh they're fine okay just sorry what's on the other side again and that where the snow's at is that a throughway um no I can I can show you is that your yard yeah it's yeah it's yeah it's like one4 of of the entry we it's your yard it's your correct yes okay yes Joe I think it's a a simple project and um Min Miner consider Min do we have B Arthur I think it's a minor modification m Miner Joan do I have a motion I make a motion that it be approved as a minor do I have a second Arthur all in favor thank you oh my God so so a uh note will go in your file for that case and a note will be sent to the building department as well so that there's a record of the decision here of course you'll receive a copy of and thank you it's it's clear I mean we Now understand what you're looking for thank you it's Monumental day for sure because this is something we've been trying to do for a while and very much appreciate it see it's a good 2025 already indeed yes it is thank you so much thank you well I think we've had a record meeting here do we have a motion AR Jo John do you have something you want to wait minute goodness thank youa asked about the elections which is usually done in February but arur will not be here in February so you may want to postpone it but can we do would we we would postpone beyond that so we it's a titled up to you whether you want to postpone or not if you want to hold the elections in February you can hold the elections in February if it's you know if you want to postpone it and just assume the same offic which is fine with me okay so if it comes to that yeah I mean I think yeah I mean why don't we why don't we do that in why don't people okay with waiting we'll do in February and when we can have a discussion and Arthur's already volunteered to continue to to be Vice chair yes yes and considering that uh Janice's name was put back into consideration for reappointment you may want to wait until after that is confirmed awesome okay motion to adjourn second all in favor thank you viicky e e