##VIDEO ID:KPN6PELBoNU## e e thank you good evening and welcome to the November 18th meeting of the zoning board of appeals I will Begin by well first let me um just advise everybody to silence any um mobile devices that you might have I will begin the meeting um by introducing the board members to my right is Jeff SAU to my left is Ken jarvinen to my far left is John bowner and from um code enforcement from the planning department is Mr Brian zelli our clerk um who is filling in Mr Jeff sour tonight will read each case when your case is um announced please proceed to the podium present PR present whatever evidence or or any um information or documentation that you have we will go to the board for questioning back out to the audience for any questions and comments and then back to the board for deliberations I ask if anybody goes up to the podium please announce your name and your address before you begin um so for board members we are in receipt of minutes for n um September 23rd um that were edited do we have any comments or questions I'll make a motion uh Madame chair to accept the minutes for September 23rd 2024 I will second that all in favor I I any opposed and we're also um in receipt of minutes from October 2 first any comments or questions edits I'll make a mo motion Madam chair to accept the minutes from October 21st of 2024 and I will second that um all in favor I any opposed okay we can begin with our first continued case uh thank you madam chairman our first continued item is 98 Newbery Street that's in the highway Corridor Zone a 9-month check-in related to finding docket 23538 that was granted on November 27th 2023 to allow for the expansion of the number of mobile homes on site from 72 to 96 good evening good evening thank you uh very much my name is Nancy mccan I'm here on behalf of teamr Properties LLC the owner of the uh the property the mobile home park at 98 Newbury Street also with me tonight is Steve tadesco manager of the LLC and we are here as a 9 Monon checkin uh following the issuance of the finding back in um November of last year to increase the number of Mobile Homes at the site and I it really couldn't tell from the decision and I spoke with Mr zelli whether you wanted us to come back nine months from the date of the decision or nine months after something actually happens on the site um and at this point nothing has happened uh with regard to the increase in the number of mobile homes as far as doing site work um at the board meeting you will recall you reduced the number of mobile homes that we had originally sought we had sought 35 and that was reduced uh down to 24 ultimately so that did require that reduction final reduction actually occurred at the hearing so that change uh requires a change in the plan so our uh project engineer has been working on that change in the plan to reflect the reduction in the number of units there was also a condition to um change the angle of some of the um mobile homes to increase the distance between them so all of that juggling has been going on to create the site plan that will eventually be filed hopefully within the next 6 to eight weeks with the planning board and so we'll be filing for that site plan uh approval as well as we'll be filing a notice of intent to the extent that any of the work and some of the work is within the jurisdiction of the Conservation Commission so uh while we would have liked the um engineering to have moved a little bit more quickly it has not but that's where we are at this point however in this period of time just so that you know uh the owner uh of the mobile home park has continued with some upgrades to the the park cleaning up things making sure that everything is is looking uh looking good on the site and also he has replaced is in and is in the process of replacing some of the older units we discussed that during during the hearing and as a matter of fact today one of the old older units was replaced with a with a new unit and two more are scheduled to be replaced so these are existing mobile homes um that have been replaced so um that's the update that I have for you um I don't know if you want us to come back again once we've actually done started the site work um that maybe make some sense and we'd be happy to do that um do you have any um anticipated um start date for the the just so we can gauge when it would be best for you to come back in um you could certainly put a condition on that when we start um it would be nine months from that date from when the the construction on the driveway and things like that um we could certainly do that or if we I would say probably March would be a a a reasonable start date we're looking at hopefully getting the site plan filed within the next um so that would put us what February March maybe April maybe April as a start date might be more realistic and and how long do you think the if you start in April how long until the project is completed um the site work would be completed probably within six months Steve probably within six months but then the the mobile homes will be coming in not all at once oh no I know but don't you have the pads that you install so would you install all of the additional pads at once and then when people either purchase lease whatever um and and bring like the units in but will the pads already be there or would you install the pad when you knew someone was coming in I'm going to ask Steve come on up you'd install the pads we have somebody that wants to purchase it who are you Steve Tesco okay all right thank you so um I I will go out and see if any board members have any questions I don't think there's anything to have a question about no no I know but I mean as far as like the timing I have a question about the um the fire Road was that cleared for safety of U I wasn't there some issue with there there was a trash there or some debris or there was a gate or something the question was the gate the gate and the gate um one of the uh conditions was that we worked with the planning board during site plan to locate the gate what type of gate and that kind of thing so it was a condition that there would be a gate and then that will be all vetted during the site plan process with the planning board all right yeah to close that off right and the fire department looks at the site plans once we submit them so we'll be working with the fire department on what type of gate they want okay thanks so if John do you have a question I I do go ahead no no no go ahead um I think what you said makes sense um to come back 9 months after you begin and I guess we could we could condition it as when the permit is pulled but I guess I know there was trouble up there I mean we all saw it in the news um do we feel that that's uh a very isolated incident I hope because I just you know I know we already granted this but um you know when I heard that you know of course my wor fears come to mind right that we're going to create a a worse situation up there instead of a better situation that was certainly an isolated incident and the park had never had a situation like that before um and it's been there for 50 years or so something like that and certainly we hope that it would never happen again that's a c that's a situation that you can't predict and could happen unfortunately in any type of a development so would it makes sense uh if we said like January of 2026 sure the reasonable time to come in I guess that's all I had Madam chair um instead of instead of putting a time frame Brian could we put nine months from when they pull the their their permits um I mean you probably or or should we just put it on the on the docket for next January or even December January seems kind of far off so I don't think we actually need to put a like a date certain here meaning this is not this was a this is not a um you know this is not a hearing that you know we ended up uh going through the whole open meeting law for sending out notifications this is a a true check-in kind of just like an agenda item they could come on at any time so I think like rather than a specific vote of exactly when it's going to be I think you you you know they could come back in they can get back in touch with the planning department but having an idea of what you want me to do and then I can carry out whatever you want so if the idea is so I was thinking first why don't we let them get through site plan review and then make a kind of a decision after that they're saying six to eight weeks so if that that that if that's the case then that certainly makes it easier but like maybe we we we jump that hurdle first okay and then you and then that will give us but when we shoot for January but let's keep the timeline flexible okay that's fine yeah I think Madam chair I mean the whole intent I think I already made this point at prior meetings was you know we wanted the neighbors to be able to voice any concerns and for you to update us on you know basically how things are going so that's the whole goal here so i' I'd be in favor something like that okay we can shoot for January okay um but why don't we see when they when they actually how long it takes them to get through site plan review okay so um at an upcoming meeting we you just update us and then we can decide then okay sure okay okay great so no motion or anything need um I don't think we need a motion right I don't think so okay I think we're done okay on to regular items all right our first regular item is 469 to 471 Maple Street this is in the highway quarter Zone a request a finding under Section 3. 10. C and 3.10 pointb point2 and a variance under table three of the dver zoning bylaw to allow the removal of an existing non-conforming three family dwelling and the construction of a new multif family structure containing 15 residential units proposed structure will be closer to the side and rear property lines than permitted by W request made by Nancy mccan docket 23-46 an extension request thank you Nancy mccan again here on behalf of elite Holdings LLC with me tonight is Mr palea uh manager of the LLC um and we are here for an extension of the variances that were just uh described in the uh in the legal notice back um previously uh November of last year we did receive variances for for uh setback for the Redevelopment of the property at 469 471 Maple Street to allow uh a multi family development uh the finding is still um active the variance would expire at the end of this month but we're requesting a six-month extension which is permitted under the statute in order to allow us to um exerise that uh that variance since we were here um we have gone through site plan approval with the planning board we received our site plan approval in March of this year um unfortunately after that as many of you know Dan Corbett he was a principal in this development and Mr Corbett passed away and uh his partner in this uh in this project um decided to uh sell the project to uh the elite Holdings LLC that purchase you know went through uh all everything that had to uh go through as a result of Mr Corbett's death um and uh in September the project was conveyed to uh the applicant here Elite Holdings LLC and they do intend to proceed forward um they were hoping to avoid having to actually ask for this extension but they're moving right along um so the six-month extension should certainly be sufficient time um and we would request that under the circumstances that we have a six-month extension as you know I've discussed many times the fact that uh variances only have a one-year time frame and that really is not a lot of time when you have to go through site plan approval and then construction drawings and all of that stuff so um we would request the six-month extension thank you um okay I will ask we will ask some questions Jeff I have no questions Madam chairman thank you Ken I have no questions John uh just one so no work at all has taken place nothing to do with the I if I remember this had some rail trail uh benefits to the town as well and none of that's happened none of it has happened yet the site plan has been approved and we went through all of that and and buttoned that all up as to how that would work when we went through site plan approval um there's going to be demolition involved and that that process of demolition has begun as you know there's asbest uh process that you have to go through when you demolish a building and all that sort of thing so that kind of that kind of work is in the in process okay thanks uh no further questions um and I just have one I just want to confirm that the new owner is aware of all of the commitment and the contingencies with regard to the rail trail yes okay okay um anyone from the audience have any questions or comments about this project okay start with f um I would votee for this uh Madam chair I'm sorry before we take a vote uh so how how long of an extension are we looking for we we've requested a six-month extension which is what is permitted under that it just doesn't it doesn't say it here so oh it should six months okay thank you sorry okay um Ken I'll vote for this too John uh yeah I have no problem with this I'll vote in favor and I will vote for this as well uh Madam chair I'll make a motion to uh Grant a six-month extension of time for the variance that was approved November 27th of 20123 to allow removal of an existing non-conforming three family dwelling and the construction of a new multif family structure containing 15 residential units I will second that all in favor I I any opposed okay thank you it is approved I was just going to show the letter yeah I didn't see it on here that's oh yeah it wasn't yeah no no that was from the last meeting though oh this one yeah this was from the last meeting that's why I didn't read it okay a okay on to the next case uh thank you madam chairman our next case is one Westwind Drive this is an R3 Zone requesting a special permit under Section 9.2 point d.2 in order to build a 980q ft extended family living area where 750 ft is allowed by W request made by Francis and Nancy Gaffney docket number 24-58 6 good evening Francis yeah not drive Road okay um speak well the reason we're doing the inlaw is because we started a while ago for a search for to downsize because the house we're in four bedroom houses two of us getting older so um we found that the prices are just ridiculous for a small house in danvas now so in the meantime my son had sold his house in danvas and has been unable again to buy another house for a reasonable price so we came to the conclusion that the best solution for the family would be for my son and his family to move into the house the big house and we build a three room in-law in the back so um and the size I I think the size was something that people were was an issue with but we start we we're we're going from eight rooms to three rooms so I'll tell you it's a process yes so and just you know I mean the sizes of the rooms aren't that big the one the one room that I definitely want to be able to bring our furniture and two is the bedroom so I mean we had to kind of go you know we measured a million times to make sure that the bedroom would fit in there um the rest of the house you know was fine but or the in-law um but it's just going to be for us as a family it's going to be an ideal situation he's a police detective in Danvers and can get called out in the middle of the night we'll be there right there we can just walk over to his the main house and stay with his son so it's just it seems like a very good situation we had plenty of land um I had talked to the neighbors everybody was you know full compliance with it so just to get your approval I guess okay thank thank you you're welcome John any questions yeah thank you uh Madam chair through you I just want to go out to Brian uh Brian so they're only before us because this is an oversized eer it it meets all setbacks yeah exactly yeah there's um it's a wide lot there's a lot of space um there yeah there there are no zoning issues here it's just simply that if it's over if it's at 751 sare ft they have to come in to see you and um so if I if I'm reading your rendering correctly it looks like the entrance to this is over on the left hand side of the the building yes yep and is there a second um way in or out yes the back back of the house okay which is off the kitchen uh no further questions thank you Ken so uh what what would be the um shared um space between you and the main house right so the family room of the house and our kitchen the our kitchen would be open yep yeah I can see that M okay away coming in of the new kitchen going into the okay thank you welcome Jeff thank you madam chair yeah I see you actually uh we know 7 50 ft is pretty tight so um I have no questions thank you madam chairman thanks I am I am looking at um your house as it exists now and the plants that you have and I see that you you still have the same like two two Bay garage correct and that's not going to change okay looking you're standing on the street looking at the house you won't see the okay which was one of our PL cuz I didn't really want to change the look of the I I love the house the way it looks we want to the neighborhood there's only three houses on the street so you know we want everybody to be happy okay stay friends that was my only question anyone from the audience with questions or comments I love the idea thank you I'm getting used to it I'm it's scary thank you um okay back to the board John um Madam chair I I'll vote for this I think this is uh as Jeff pointed out I think it's it's tough uh especially noting how they're going to squeeze into the space from a large eight room house to um you know a three room space so I mean it meets all the setbacks it uh meets all the everything for EAS except for the size so uh I would vote in favor Ken I'll vote for this too Jeff and I will vote for this and I I will vote for this also I I like the plan you certainly have plenty of room and the way it's kind of scooted around the side it really won't impact the front of your home so I am a yes as well Madam chair uh I'll make a motion on one Westwind Drive uh docka 24-58 six to issue a special permit under Section 9.2 point d.2 in order to build a 980q ft extended family living area where 750 ft² is allowed by right and that the proposed use will not outweigh its beneficial impacts on the town or neighborhood in view of the particular characteristics of the site and the proposal in the relation to that site I will second that all in favor I any opposed passes good luck thank you good luck good luck all right and the final case tonight uh thank you madam chair our final case is for PID Avenue this is an R1 Zone requesting a special permit under Section 9.2 Point C of the zoning law in order to build a conforming extended family living area on a lot which is nonconforming due to size where 10,000 ft is required and 5,670 ft is supplied additionally relief is requested under Section 9.3 of the zoning bylaw to allow for a storage container to be on the property for more than 60 days and for the container to be visible from the right of way request made by Jennifer Bertelli docket number 24-58 7 hello I'm Jen brelli and this is my husband Devon uh we live at 4 pdv right behind you guys um so we are Devon is a up in Danver his parents raised him here and they snowboarded for many years in Arizona and um they want to they they want to make their way back here and be with the grandkids kind of similar story um as the the family in front of us um so what we aiming to do is um uh convert our basement into a an in-law suite um it's not very large I think it's 620 square feet total um we have a common it's a it's it's a living room living room I'm sorry it's a living room bedroom kitchen and uh we've got like a common area which uh presents almost like like identical to the um to the other bedroom in the space um we have a common uh excuse me the the stairwell that we have today that goes down into the basement it's definitely not to code um so as part of this project we be um and not that we have to but uh we're extending that so they can come up into our space as they please you know without you know there being any safety concerns um we are adding emergency egress in both of the the bedroom and the common area room um and they'll have a garden uh door that goes out to a patio so today um we we started the excavation in the back of the house um and like historically there's been you know uh what just Garden Windows around the back of the house and you know the door and stairs to go into the the basement area um we've excavated the backyard um to convert that whole space into just a like a walk-in for them they're you know they're older um and we're you know we're trying to get as much space as we can on the inside and and just make it nice you know for them to get to get around the property as well so um I think I've hit on did I am I missing anything um maybe you could detail um regarding um the storage container oh so uh we have we have four children and the it's a you know it's a three-bedroom house so we we have historically used the um you know the the basement for storage so we've cleaned it completely in preparation for the construction um huge cleansing um exercise but uh just we're temporarily storing you know the whatever that we're going to keep that used to persist in the basement um until uh some sheds can be built out uh in the back and we're actually prioritizing the building of the sheds ahead of the the primary construction that won't start until January so I I think we were thinking that you know worst case scenario the storage unit might be there until April when the work is done but I think it's probably more realistic that um that the sheds will be ready in December okay and and you're saying that the sheds are going to be located in the back of your property yep okay um Brian what is the rule as far as the the the um sheds um at the end of the property is it 5 ft do they have to be 5 ft off the property line yeah the closest they could be is 5T well it's going to and they have to be 120 square ft or less if yeah a 10 x 12 shed can be up to 5T up to the property line yep and um and I think it's in the plan the latest the architect um has has come and talked about it and showed all the the I'm trying to I feel like that one I it's not in our plan it's not in our plan okay here is the shed oh it's against the building okay oh oh all right I'm sorry that is in the plan it is in the plant I'm sorry right picture that okay so so it's actually um on the side not on the back right storage space is attached actually on the it's the rear it's the rear because it's based on PBF I see I see this is the front of our house here okay okay and so this will be their rear entrance and then we've got like these shed on the side so right now our we've got just storage unit like at the at the end of our driveway so hopefully we'll be able to get that out of there in the next month but we just didn't want to sorry we can't hear you unless not anybody's listening they just haven't heard anything sorry um so what I forget what I was saying um how long driveway right yeah so the storage hopefully we'll be able to get rid of it I mean it would be great we have CP Barry who's located right next to you guys too they're doing the work and we've we've like tentatively scheduled for those for the slab to be poured and the sheds to be built next month so hopefully we'll be getting it out of there soon okay but we've already had for a month so I just we just didn't want there to be we knew we were coming here and we didn't want there to be an issue and lose the opportunity to get the extension if we needed it okay okay thank you so Brian there's no one here in the audience but is anyone on this on Zoom any hands up um well we didn't ask that questions no hands up uh no no letters or calls from anyone including town hall because you're also our neighbor right okay so yeah no um no correspondence okay Jeff uh thank you Adam chairman uh so yeah I was a little confused when I got the plan because um I couldn't tell what was origal house and what was extension but you're telling me everything is inside the confines of the existing basement so you're not expanding out at all it it well with the exception of the shed yeah that's the only but no living space and then right now your foundation is like a like you have a relatively level lot so the you only have a few feet of concrete showing all the way around the the the edge of the house yes and okay so you're going to excavate out to make a Walkin yep in in back exactly I get it all right thank you I have no other questions okay Ken um so the common area is going to be the laundry room it's actually like an exercise room office so if you walk there's like a if the plan that you're looking at you there's like a doorway laundry is on the left and we've got like some storage stuff on the right and then when you walk through that door that first door on your right a it's it's going to be like an exercise slash um office okay it's just right adjacent to the other bedroom on the other side of the gate is something says c n d what is it the condenser oh cond so that's outside of the the gate but it's still on your property yep okay I I have no other questions okay John thank you hi hi hi John hi um I just wanted to uh couple of questions um so the shed you can't access from inside the house correct correct and um just to help me out with the time oh actually uh through you madam chair so our bylaw allows for a container to be on site for 6 months or it does not at all no it's um it's 60 days sorry 60 days Z so if anything more than anything more than 60 days and there's no um there's no other performance standards outside of the timeline other than 60 it just says if it's over 60 you got to come and ask it doesn't say between 60 and 200 you do this and after that you do that like it's just it's silent so I guess just to help me with the timeline a little I know you mentioned December you was talking December of this year or next year yeah so the so your thought would be like the container would be gone by next summer oh definitely so I mean so you'd take that as a condition sure yeah okay absolutely and so I I think that's all I just I like Jeff I just didn't understand the container pot of it but now I do um and I'm guessing you had a big yard sale too we just did uh Savers actually good great place uh no further questions Madam chair like May or June or uh yeah May or June somewhere six months okay whatever you guys I mean this is what do you need I mean I honestly like I think the sheds are going to be done in December and it won't be an issue then they start all the inside I'd ask for more just in case you know just in case it takes longer for March June is totally fine yeah than they need so right yeah well I guess my question is when did it actually begin because you have them there now MH yeah uh we just we just ended a month because I just got the uh I just got the the new bill for the for month two so what do what are we in November it must have been like mid October when we got it am about right okay I just put a date of May or something may of 202 good chance even if they finish the sheds at the end of December and we didn't move stuff out till January or something I just figured likely we were going to go over 60 okay okay we could I mean whatever you're willing to accept I guess is my yeah I mean the the project they said should be like the whole inside should be complete by April so I mean May should be a no-brainer if you're comfortable with me okay okay um okay I nobody nobody hates it more than me right now you know it's not it's it's not pretty but the kids haven't figured out how to play in it I guess no it's too stuffed full of stuff anyway for anyone to really get in there but I we're right behind the library and it's right on the edge of the driveway the holidays are coming up it would be great if it was Christmas put some lights on it we should do yeah we could do that so so when um are you anticipating they're going to start the construction and will you need a dumpster and I mean obviously we will need a dumpster and they're gonna actually we no there's not really demo they're just like building new we probably will get a dumpster Dum I'm just saying like you I mean it might start getting very tight when you have to include all of all of those um were able to put dumer there with the storage container there for a week as anyway so it is it is there's room there yeah if we need it okay um but they do they they're going to start the work um the the first first week of January okay okay Madam chairman I have one more question U Mr zelli so they're res one side and rear setbacks are 8 ft and front setback is 20 ft and I see in their plan that they're 13 ft off the street does that mean is that a pre-existing non-conforming we don't worry about yeah I mean nothing is changing yeah right size so it's just this is a pre-existing non-conforming house that's why why they're here in the first place only they non-conforming due to size it doesn't matter anything else but the there's no footprint change there's nothing changing right there's certainly not anything getting less you know conforming nothing is becoming more detrimental because nothing is happening than the use is changing now now this is going to be a single family with an effa instead of a single family family okay all right thank you no the questions okay um Jee I believe I started with you uh uh maybe you did um yeah I will vote for this okay I see no problem with this I'll vote for this too John yeah me as well I think it's a real modest change and uh nice that you can help out your in-laws and bring them back to town hopefully they still like it thank you and and I I will vote for this with the condition that um the container be removed by May 1st got it awesome great thank you so much hold on wait we have to vote uh Madam chair I'll make a motion for 4 pbd Avenue uh docket number 24-58 7 to issue a special permit under Section 9.2 Point C of the zoning bylaw in order to build a conforming extended family living area on a lot which is non-conforming due to size where 10,000 square ft² is required and uh 5,670 is supplied additionally relief is is requested under Section 9.3 of the zoning bylaw to allow a storage container to be on the property more than 60 days and for the container not uh for the container to be visible from the right away and that the proposed use will not outweigh its beneficial impacts to the town or neighborhood in view of the particular circumstance uh characteristics sorry of the site and the proposal in the relation to the site and also with the condition that the the uh storage container be removed by was it May 31st May May 1st May 1st of 2025 I will second that all in favor I I any opposed it passes good luck luck good luck thank you thank you uh Brian oh sorry madam chair motion to adjourn are we good yes motion to I will second that all in favor I good night ders good that was pretty a question