##VIDEO ID:kLyct8K0734## e e e e e e e e e e e e e weird oh um well the microphone is muted there he needs to be um zooming in is cu he has documents that we might not have that he's going to put up see anything said he can hear us okay I can't control my mic oh okay I just I just oh maybe not control I just said he's turning the mics on now so should we tell him that he should become the host where'd he go in the every on if he can't hear us then I don't know oh green he's here this is like he said he just can't control his mic well it was it was it was muted until just a minute ago you should totally be able to um this gentleman here was just saying that maybe if you take over as the host that's what happened assed as host yeah if you if you remotely log in when you're the host maybe that's the issue hello hello no he's yeah I apologize so we're on live right now though right yeah yes that's correct all right well I'll work from behind and see if anything changes okay it is 7:03 you guys want to start yes let's start he can hear us if that's um good evening and welcome to the December 16th let me just um welcome to the December 16th Zoning Board of appeal hearing um I will start off by introducing the board members to my far right is Jeff sour to my right is our clerk Ken sols to my left is Ken um jinian and to my far left is John bowner um my name is Karine dy I am the chair and attempting to remotely access the meeting is um Brian zelli who is our planning director both of the docket items tonight continued cases so it's the same procedure as the last time you were here the clerk will read your case you will proceed to the microphone and provide any additional or new information um that you might have since the last time you were here and I think um just to kind of expedite matters um why don't we take 116 Burley Street first um only because um his is going to be a brief um like a a brief overview of of his change and I don't think um Mr zelli has any documents to either show or describe Madam chair just a reminder to have uh the applicant uh announce their name oh yes well um Mr well Ken is going to read the case first okay our first case is 116 Burley Street zoned R3 uh request the variance to construct an addition that will be 17 foot 9 Ines from the side property line where 20 feet is required the request is made by Dan and Jess Slattery docket 24-50 90 yes so I'm Dan Slattery one of the owners um in the last meeting I got approval for 18 feet we I apologize we had to come up with the math on the Fly was not prepared so I went back to the assessor and had him double check uh the architect's drawings and with the eve it is 17.9 so that is what I'm looking for for approval um and the only revised document is the revised plot plan that you have in front of you that uh mentions the 179 okay um Jeff any questions I have no questions Ken I have no questions Ken I have no questions John and uh just a clarification and I think this is for my fellow board members as well we're talking about 17.9 ft correct not 17 feet 9 in just so we're all clear um and so uh alls I have is your prior drawing but I'm assuming the uh electronic packet that was filed with the town now reflects that 17.9 ft very good no questions thank you thank you and and I just I just have one question before we go um before we do our deliberations um have you you have you actually pulled the permit I knew that I know that you started the work but have you pulled the permit yet yet okay and the permit was going to say the 17.9 correct okay all right that was my only question thank you for your patience on it okay um Jeff we stay I will vote for this no no stay back there sorry um okay thanks Jeff Ken and I will Vote for This Dan I'll Vote for This John yes I I'll I'll vote in favor of this application yes and I will vote in favor of this also so um Madam chair I I would move that we motion motion uh make a motion at 116 Burley Street doet 24-50 90 to issue a variance to construct an addition that will be 17.9 ft from the side property line can excuse me can you hold your comments thanks uh from the side property line where 20 ft is required and that adjacent properties would not be adversely impacted the reduced Dimensions would not be detrimental to the public good and would not be substantially uh Devi uh would not substantially deviate from the intent or purpose of this bylaw I will second that all in favor I any opposed you are all set good luck good luck oh thank you thank you all set all set um our next case is 48 North putam Street zoned R1 requesting a finding under table one of the dver zoning bylaw to expand an existing non-conforming use as a personal training facility into the remainder of the building where currently only half of the building is allowed to operate as a gy the request is made by Ralph Gian Gregorio docket 24-58 3 um could could you go to the microphone please guys okay thank you thank you thank you thank you thanks okay you can you can proceed yeah um I don't know if o' Brian is over here because he also had a pictures oh he's he he has them up oh well he can hear us but he can't talk to us but he has the pictures for us okay so he's posting the pictures now so why don't you continue with what you've done since the last meeting yeah what I've done actually the first thing instead of doing the paperwork and bring get in I I went forward I lined everything up as you can see you know made five six parking spot compact cars and then we did the alleyway we put in two parking spots right up front of the building and two parking spots as you come out on your right hand side so far we had about 15 cars of the street and everybody was perfect was no issue whatsoever okay um do you have anything else to add um no okay John H thank you madam chair um I would go out to Brian or ask to go out to Brian but I don't think we can I don't think he can speak so I guess I'm going to ask uh you madam chair um I believe at the last meeting we asked for a um uh an official uh officially drawn parking plan it was that correct I just don't have the minutes in front of me to be able to reflect that so I'm just trying to uh we asked right we asked for um basically an engineer design okay or an engineer drawer okay we did okay so um um Mr Ralph cuz I don't want to trash your last name um we asked for that engineering drawing but we didn't get one can you tell me why uh because I did have an engineer down there because the place is so small and nobody wants put a stamp on them you know because just like when you got two cars parked right in front of the building and the other cars the compact cars this way is very tight he said I cannot put a stamp on that and what you did is was good but you need more room in another word I need another 78 ft to accommodate a stamp on that and that's why I have no further questions thanks Ken so uh what What's the total number of pocket spaces you had you said you had 15 15 yeah okay and he operates which that 14 15 people right Ken all right thanks um I don't have any questions I'll wait for uh comments okay Jeff uh I don't have any questions um I'm not sure if I have any uh questions but I I do have some comments one of the reasons why we wanted an engineer to to do the the drawings is because parking spaces are required to have certain space in between them they're required to be certain spaces so you can go in and you can you can put Lin in and you can kind of configure your parking but it doesn't unless an engineer stamps it it doesn't comply with the regulations so you're saying that you have these parking spaces here but in reality you really don't because if if they're too tight if there isn't enough swing yeah right I mean look at this here like that's kind of like a hazard there if if there was ever an emergency like you wouldn't be able to get get those cars in and out of there and I'm sure that's what the engineer was concerned about right so um so I do have that concern yeah well the last time when I said it to you that we're going to put a line down the middle that these people can park one behind another because the class begins like I say at 9:00 they all leave at 10:00 so it's no issue I never see any issue the girls are great when they come out well state your name too I I know you're theer I'm the owner built by buer private Fitness the bigger issue I remember you guys mentioning to is also about the tenants on the top so in the year I've been here the tenants have their own spots no one comes down to my area the class that you're looking at at 9:00 a.m. it's the only time of the day that I have a class that big 5:30 in the morning and 9:00 otherwise it's one car in so even if we were to have and you needed us to get an engineer out I know by the square footage you only needed seven spaces we can very clearly get seven spaces out of the area that we have but what we're looking at right here is a class that starts from 9:00 to 10:00 in the morning and I understand your conditions on an emergency trying to get everyone out but they all come in at the same time they leave at the same time and the bigger issue going forward I know is the neighbors concerned about what was parked on the street and by me having them come in it takes the cars off the street which was the biggest concern from the person who brought this up in the first place but what I'm trying to say on this one is that is only one hour of the day it's not a gym to where that's 14 15 cars in at all hours it's for one hour a day so this is the one time that we have to deal with that because I have the one busy class at 9ine for the rest of the day it's one maybe two cars at a time and the spots a lotted counting and then that's including my vehicle so I'd be happy to answer any questions you guys have about the class and how it programs and goes in and how the class comes in and out um but the picture that Ralph took of this was of the busiest time of the day and the one hour that I have them just to show how everyone accommodates Parks we have about 6 and 1 12 ft per square per each parking spot there's about six of them in the front and he has two on the top and two on the bottom which are a little bit bigger which we added in and we have that no parking sign in front of the tenant that's to the left of me but we've never had an issue on the top which I know you guys had raids concerned about we wanted to make sure that I wanted to fully make sure that you guys knew that we didn't have an issue at all we have a good understanding the tenants have their own spots and there's never any confusion coming down into the parking lot where I'm located I know another one of the board members had mentioned that there's no confusion on the two but what we did is we tried to do this in a way so that we could show you that at the busiest one hour of the day that we try to make it as neat and accommodating as possible on our end which is what I wanted to just express to you guys so I can answer any questions you guys have about the class and anything like that as well okay okay um I I guess should we go back out to um deliberation or or do do any board do does anyone have any additional questions any public comments I don't see anyone I don't see anyone on Brian could chat if you want yeah I think we're at a little disadvantage here without tting me but I guess um but there's no one else up there either so you would like to deliv or um no do you have any additional questions is my well I just I'll make more of a statement Mr buer versus um my deliberation comments I think we have a clear picture on your function on this site um what this board's asking for and what your owner is asking for are um Clarity on the parking planted I don't uh and if if I again without our planning director present to be able to answer I can't remember the required amount of parking spots it was seven squ hold on I think it was seven or eight I think I think Brian mentioned so so the fact that you know whatever count this is the request of this board was to have a stamped engineering drawing with whatever the number came out at 10 8 12 15 it it doesn't matter but we didn't get that piece of information so that's really what's lacking here it's not about the operation of your business and I certainly um think this can all work but I it has to get done in a way that uh this board can feel uh positive about voting for something of this nature so I'm just making that more of a statement not as my deliberation so um Brian just texted me they need eight spaces eight spaces so you know again I I'll just I'm just trying to be real clear will you ask for a stamped engineering drawing we don't have it okay regardless of what experiment you guys did what lines you put down showing it at peak times what we asked for has not been fulfilled okay so far on my end is there anything I can do for I believe it's on your owner but uh I won't I won't speak for the whole board MH hold on I'm going to turn it over to the chair um Ken but I I would like to deliberate too if we're going to go through no no no I agree Ken do you have any additional questions no I have a I have a statement it's more like a deliberation statement okay um so I'm just it looks like there's ample space for eight like there's no problem with eight and that's what he needs that's what they need so for me I'm leaning towards voting for this because I know the space is there for eight now we crammed in 15 that's at a peak time but by the letter of the BW and the law or whatever I think he just needs eight and the rest can park on the street so so for me if he has a space for eight and it looks like he clearly does even though it's probably they know long enough whatever if you take the totality of the space and stuff I think it can create eight even though it isn't written so I mean I I don't know do we need to NS who go out to Brian um do do we actually need a a plan to approve we do yeah you do okay so if we need a plan to approve then a stamp plan then we do all right so two things we definitely need to have a official approved plan stamped within how many legal spots you have and the other thing is the this photo you have here that's illegal you can't do that you can't have tandem stacked up three cars like that that's not legal parking there okay so so those two things you can't do that and we need a plan stamped and approved official of how many legal spots that you have and showing those lots Jeff before we vote um I I I think it's been made clear to the applicant that what we asked for wasn't delivered but I understand his point which is trying to appease the neighbors and if he has eight spots and 15 cars show up and they can only take eight spots because we've forced them to make full-size legal parking spaces that might not be the best outcome for the neighborhood so I'm just saying we got to think about this a little more carefully I mean we can put our foot down and say you need 16x 10t spaces but then people are going to be parking where they shouldn't be so I I I like I said he's it's we've been we' made it clear that he needs an official stamp drawing or we made that clear last meeting and we didn't get it um but we need to make sure we understand what the impact on the neighbor hood is that's all I'm saying I I agree but I also think too we can't have that no we can't have stack parking we can't have stack stack parking and we also have to make sure that that we have legitimate parking spaces because honestly it's not fair to these customers who are going in if they're going to be parking so close to one another that you know they they're going to end up with dinged cars because we didn't have we didn't require them to to to prepare a plan and stick to it that has legitimate size parking spaces so I mean the other problem is if two of your clients get into an accident one if one of these diagonal par cars backs up into the side of another car then they can come after the the building owner for having illegal parking spaces right not that not that anybody would want to do that but you're exposing yourself to what liability that you don't need to be so um I I think what we're all saying is that we need we need a stamp plan and if that means that it's going to eliminate some of the parking spaces and you end up with just eight and that's what's required I I think I would feel more comfortable with that especi I can do that all right especially where the gym owner is stating that it's really on only one hour a day um you eliminate the noise issues correct the music and the noise issues so haven't had a problem okay all right so so basically it's it's parking and again I I really think we need that stamped engineering Report with legitimate parking spaces all right so can you have them go to the mic oh can you go to the mic please I made compact cars you know and I think it's about six or seven of them so which is 76 wide to fit the compact house and that's how I created to have so many parking spot but what I'll do I'll have my engineer go back down there and tell me exactly what do you need to block out the the lines and put the right lines down okay and and I believe that when he creates the plan if he has smaller sized parking spaces because they are for a compact car I think you just label it compact car and then just compact cars can park in that space okay um but but see what see what type of a plan because you do have a lot of space there so see what you can do as far as um coming up with the plan and maybe you can even get nine spaces which would be better than eight but I just prefer and we required that that it be stamped um engineering plan for the parking yeah that's no problem I can do that um so what is our first meeting in January much time you I don't know but are we I haven't been able to get my comments all right go ahead no no no no no go ahead go ahead I I just want to remind the board and the applicant too why are we here we're here because this is a non-conforming lot that's in a residential one they've this this lot has a three family it has a garage that has some kind of HVAC running out of it and then it has this gym um I I I can't support this on any level I just feel like this site is Way Beyond what is called for in an R1 and that's what um you know I feel like my job is is is is more detrimental to the neighborhood and I feel like it is parking plan or not so I I mean I'm not going to vote for it regardless so that's my comments um okay um what if the engineer reviews the entire um plan for the for the whole complex well I think I'd be all right with that but I just feel like there's just you know and again I go back to the minutes um from 2016 there just seems to be a lot of problems with this site and I feel like um we don't have a really good handle on this the overall site we might be trying to solve the one piece of the gym and and to this business owner's credit he's in here trying to do the right thing but I I just think um you know we have basically three functions going on in an R1 site uh we don't have an engineered parking plan and we don't yeah you know I still don't understand what's going on with the other garage and I just think I my thought was the applicant was going to come back here tonight with an overall parking plan for all of 48 North putham Street HVAC three family and uh the business that Mr bueri runs his his fitness center if I were to see something like that and there's a clear understanding then I I I may be more in favor for it but as presented particularly without an engineered uh drawing parking plan I am a no okay so and I also agree with John when you have the engineer out there have him do the parking plan for the entire complex so as John said the HVAC um company the um the HVAC it's only a b they come in they spend an hour it doesn't matter to me it's the whole site we we need a handle on all of 48 North putham Street not just pieces of it one I thought we were dealing with the gym now we on the whole complex no we're not though you're asking for a finding at 48 North putam Street which entails the whole site okay that's my opinion and I agree and even even um the residential portion you must have designated parking spaces for those so have the engineer Mark those and even you know sometimes uh you know with residential they'll be marked for which unit parks in which space right so if so if you could if you could have the engineer do a plan for the whole complex which will take into account the residential the gym and the HVAC company and we can see the whole plan I I I think most of us would feel comfortable voting yes on this okay and you might actually pick up some more spaces yes you know I mean your client moves all doubt right instead of us cuz we don't live there we don't work obviously Mr Beer is trying to run his business there and you're trying to be an owner uh that has these three functions going on but right now we need a we need Clarity okay I think is where I'm going with it okay so and Mr um zakeli just texted me the next meeting is January 13th and he wants you to have your engineer contact him and he will go over all the requirements with your engineer that way nothing will get lost in translation so he'll be able to tell your engineer this is what we're looking for and this is what we're requiring that way when you come in on the 13th we'll know that we have a stamp plan that you know should should pass the requirements that we've laid out for you okay all right so would you is the 13th enough time is that enough time or do you want to Christmas New Year and everything else I should have enough time I'll get on with it tomorrow okay all right Madam chair I'll make a motion that we continue the case on 48 North putham Street to our January 13 2025 meeting I will second that all in favor I any opposed I think the gentleman has a question it's okay I I I brought it up last time I just wanted to see if there was a chain of command I know you guys you guys can't handle it but I had brought up previously would you be able to help me on the process in which I might be able for the fence parking to go to the town to try to make that like a 1H hour parking along that fence on the top on the street is that who I would have to contact that cuz I I had thought that maybe if that was a 1 hour Park and this way people randomly in the neighborhood or such or people just you know some of the construction workers if that was open on the top then it would create even more cuz then it's in and out and no one has to worry about parking in front of any residential houses it's along the fence which is where the property is I bet that's the answer right on that Ding perfect I believe it's the Damas traffic committee yes um um Brian said to you you you will have to go in front of the select board but your first stop is um he called it dtac yeah D okay which I figured if I can at least make at least try for that I might be able to help it's all the right thing and I think we're all moving in the right direction here however and I and I think uh Mr B you can probably uh get a sense of this especially with uh the Maple Street Building closer to opening you know that's going to become a much more active area so I I I would think uh you know the Damas traffic committee would want to yeah uh possibly post signage on that road because I I feel it is going to get you know somewhat busy when those apartments start I think so too especially with the traffic I'm surprised it's not that's a good question to ask like something like that I just figured maybe like if it's one even if it's like during business hours like during the day Melly through the planning book and help uh give you a phone number or an email yeah no that's perfect I'd rather get that along and then this way it can help everybody out especially in the neighborhood and you know maybe make that easier during the hours so I just wanted to ask you guys will I had you because I'm I'm not familiar with the area not how to work with the town thing so I do appreciate the help on that thank you so much and I do think if you have a plan in place and everything is marked the neighbors will be a little more comfortable with the situation yeah you know I I'll even though I know we've already uh continued this case I guess I do have a question if I did a site visit I've been out there but I do not believe and and if you know or fellow zoning board members there's no uh marked street spots on North putam Street is that correct not that I know so that may be another thing that the town yeah decides by you bring it to their attention not only signage but maybe they would put lined spots on the street no lined spots at all or so you know a lot of good could come out of this so yeah just in case I know I encourage you to to follow it through it gets a little confused especially with them tearing up the road to some of the people don't know exactly I figure this way it eliminates someone blocking a driveway especially in the future I just I would rather get ahead of it so I do appreciate the chain of command to go for that so thank you so much for that yes good luck welcome uh Madam chair a motion to uh end our meeting I'll second all in favor I you night ders good night Brian