##VIDEO ID:IbF6LVtAkZg## [Music] [Music] p [Music] good evening everybody Welcome to the October 8th meeting of the thus zoning board of appeals um tonight we have two continuations three new public hearings and then we will attend to some open meeting items I'll start by introducing the board um to my right is the vice chairman Ken foran to my left is TJ hurry he's the clerk of the board um following him is Ed van curan he is a regular voting member um to his left is Paul Murphy he's also a regular voting member um and as there's five of us present and actually all full-time voting members will all be sitting on every one of the hearings except for the continuations um I wasn't on the I wasn't here for that that's right sorry um sir budro is our zoning administrator and rade Gyer is our recording secretary so what we will do the clerk will read in if the matter hasn't already been open he'll read in the the public hearing announcement um everyone attending the public hearing is asked to show respect and courtesy by silencing cell phones and other electronic devices now listening to applicants Witnesses and the board refraining from private conversations in the hearing room or outside of the hearing room refraining from making derogatory statements and exiting the hearing room quiet so as I said the clerk will read in the public hearing notice after the clerk reads the application into the record we afford the applicant 15 minutes um to present the project the board will then have questions of the applicant um and following that we will open it up to public comment either in favor object and if we feel like we have enough information to make a decision tonight we'll do that and if not we can always continue it as well so excuse me Madam you all can sit on because there was no testimony my apologies thank you go thanks okay so the first item is 7215 uh S I think I've already read the notice into the record is that right yes you have okay uh Madam chair uh there is a letter in the file uh requesting to continue the hearing to no November 5th 2015 okay does anybody want to make a motion to continue I'll make a motion okay so that's Mr van second and Mr Foreman second set all those in favor I unanimous [Applause] next item is number 77 15 badaro 49 green Harbor Road East FMA it's also been open it has sorry I've read the notice have I read the referrals into the record no you did not he has to okay refal thank you all right for referrals uh planning board no comment building department no comment fire department says no [Applause] issues I think that's it no there communication from the Board of Health in there there was some discrepancies which Mr velaro has met with David kman and they have resolved it and I believe I sent that to the board members sure with a copy to the file so all those issues have been resolved he did a walk through through the premises then uh I also see here that uh from concom and RDA application has been filed and approved with concom for this proposal uh all work was with land subject to Coastal storm Flowage flood zone a only and that does it for referrals that yes first of all let me thank the chair and board for having Susan and I appreciate it um as you know we're requesting relief to have D and existing VAR structure to the deck above C area as well as an in ground pool this is the final phase of a renovation that has G on for quite a number of years uh my wife and I bought the property 13 years ago and uh we eventually moving full time so that's that's kind of something we're looking forward to the work involved here is also install setic system to the front gu excuse me Mr Balo um the TV just asked if you could speak into the microphone you can carry that with you CU they have to hear it out TV no problem thank you um so the work involved also uh involves a septic system relocation that goes to the front Gap uh which has been approved already um with this renovation um we're still under on lot coverage um so we're we're meeting that criteria the current room that exists Above This garage is about 591 Square ft uh my wife and I felt that the big impact here was to make this room look aesthetically pleasing and it's dropping down to 295 Square ft which is about half the size less than half the size it was more about the appearance of this when it was done so it looked aesthetically pleasing um as you know you looked at the um homes of McGrath site plan and the architectural plans which are done by Doug and Emil Associates um pretty much depict everything that's that's going on with the property um at that at this point I'm certainly happy to take any questions to the board certainly anything that's construction excuse me Madam chair Mr valaro could you explain to the board what's going to happen to the room that is on the ground floor of the garage the ground floor of the garage there was some um question on that early on by board all and there was there was an interpretation that there was an existing room that was built probably sometime in the 70s um that was could be construed a bedroom what happens on the plan and if you revise the plan is it shows I want to get the entire garage to be a full twocc car garage right now the room makes it very difficult to fit a vehicle in there so I want to open that back up so a wide open 24 by 26 room um that could be used as a garage okay let me see if anybody has any questions for you no no questions thank you I don't have any TJ all right uh the garage to be renovated that would be uh the existing slab there's no intention to create a basement or anything like that there no intention on that at all and uh the pre-existing non-conformity to the property that would be the side setback to the garage line that's correct okay just quick photos here if you haven't seen the property not little dark that morning but um you know does give you an idea of what the elevations look like and as it shows this currently this room exist end to end and when you step in with these dor is is where the square footage gets reduced to that 295 square feet and uh with the proposed garage is there going to be a change in height no we have to maintain nothing greater than 18 ft okay thank you thank you K and so the the the pool is going where there's currently lawn is that the majority of the increase in the lot coverage that you're that's correct um and is the proposed patio that you're going to construct is that similar in nature to the existing patio that's out there yes yeah the blue stone patio right yeah uh and then uh and you have a gravel parking area you're retaining is that cor yes and that and it does call out as well during this process for the shed to be removed um off the property and not replaced and not replaced and so there's no I think I read somewhere that there was proposal to build decking but that's not in the back of the garage yeah in the in the on the building plans or behind the garage is the up upper over the p over the stone patio yep I see it's an upper deck yep but that counts in the lot coverage because it has an overhang because it's a structure yeah all right yeah cuz I saw that beautiful patio and I said I can't believe they're building a deck over this yeah don't that thanks okay um could you just describe to me I guess the use being made right now so you said that there's Pro you're decreasing the second story of the garage you said about 50% about 50% what's the use up there right now it was during the years where we were raising our kids on the property they kind of used it as a rumpus room and a hangout and when we they'd be out of the house they'd be up in that room it's it was a carpeted wall-to-wall room with uh couches and a television out there so that they could hang out and now with we've done a major renovation a couple years ago on the house and this will become more of a workshop area for my wife and I okay so when you say Workshop just place to be on the computer do a I do a little Woodworking and things like that so it's very but not a bedroom not a bedroom absolutely not no okay not at all there'll be no facilities there they'll be it'll be kind of bare bones be um potentially okay yeah if I do anything there it would be this can be considered a bedroom because he's got the septic capacity and that's what the whole issue was with the Board of Health he does only have three bedrooms in the house and this does meet the criteria of a bedroom okay so there's no objections from the Board of Health as long as that room on the ground floor of the garage is eliminated okay thank you sir and what's a current bedroom count the current bedroom count on the property is three the septics designed for four the existing set as well as the proposed both design for okay is everybody else that questions okay let me see if there's any public comment anybody like to speak in favor of this project anybody like to speak in opposition to this project yeah okay so we'll have I don't even know if we'll need board discussion but we'll see what the board would like to do thank you thank you how is everybody feeling any discussion or I'm happy with it looks nice I like it it's a it's professionally done and it's uh it's a nice nice enhancement Ken everything conforms yeah and there's no increase to the non-conform he brought the garage into compliance with the one and a half story which it wasn't grievously so that's a big Improvement as well okay so anybody like to make a motion make a motion CL close so that is s andj all those in favor hi hi are we still doing the findings before we yeah vote I think okay I guess that's what we've always you can make the initial vote and before you finalize it do your findings and the condition the findings first yes the findings first so no increase in non-conformities in fact Improvement in terms of the height of the garage right the size of it when it basically two stories going to one and a half almost yeah not quite but and uh septic adequate for a fourth bedroom if desired I don't know if you'd want to go there I think you should just say the septics adequate and no objection from the Board of Health based on four bedroom septic is that okay with you removal of shed not to be replaced well what's the lot coverage 37 38% they're pretty close they are pretty close what about by structures that's total 18.6 18.6 as long as it doesn't can add a shed as long as it doesn't go over the lot coverage requirements if that's what you want to put but that would be as a condition but but the burden on him right but uh in terms of findings I think all we need to say and the finding that he's going to eliminate that room in the garage and it will be used solely as a garage indoor storage on the main level ground level yeah that's important okay okay and then so do you need a a motion to approve conditions you per plans yes yes yeah oh findings 24216 um and 24-3 it means 24 any other conditions besides I guess what we just discussed you didn't change any plans so I would just no more than four bedrooms UNS subject property yes and to make sure that that room is eliminated which is per plans but right the garage ground floor should you be used strictly as garage and storage yes do you want that as a condition sure okay so then we need a motion make the motion okay so to approve close it whatever no we already yeah we already closed but I'll second okay so that was motion n and Ken all those in favor so unanimous [Applause] [Applause] sry oh no not [Applause] okay next application is 8215 Dominguez 134 Carriage shop Road mcoy thank you being all persons deem affected by the board of appeals under Section 11 of chapter 40a of the Massachusetts general laws you hereby notified that Michael W Dominguez of Peace family Mass applied to the zoning board of appeals for a special permit pursuant to section 240- 38i to create an accessory apartment within the single family dwelling on subject property known as 134 carot shop Road wqu mass and for referrals uh no comment from the fire department planning no comment water no comment uh Health property is currently listed as a a four bedroom dwelling in the Assessor's record there is an active permit on file in the health department to replace and upgrade the existing septic system to accommodate a fifth bedroom the system has not been installed as of this date no objections to project provided the septic system is upgraded as planned and the accessory apartment does not provide more than uh an additional fifth bedroom [Applause] that's what we have for referrals okay thank you hi Michael Madam chairman members of the board my name is Michael Borelli from Falmouth engineering and I represent the applicant Michael and Nancy domingus the domingus is are in the audience tonight and they've applied uh for an uh accessory apartment in accordance with your zoning bylaw at 240- 38i the current conditions on the property are um that there's an existing single family dwelling that was uh burnt and it's was burnt to a point where it is no longer habitable if you've been to the site I think that's pretty clear um in m in mid July it uh caught fire and is needs to be replaced the single family dwelling is located on the property in the front yard as shown on this site plan it's actually non-conforming to a front yard setback it's 15.2 feet off the road layout of carriage sh road but it's pre-existing non conforming because the house was built in 1717 so I think um it's predates out zoning bylaw uh in any event that house that burnt um is slated to be demolished and it will be replaced with a new structure that is actually currently under construction shown in this location if you've been to the site there's a foundation and the applicant um would like to take advantage of the bylaw and has applied for an accessory apartment the current uh family that resided at the burned house was um Michael and Nancy Dominguez their daughter and their granddaughter uh lived in the house um they're hopeful that this board can improve an accessory apartment in the new structure so that their daughter and Grandson can live in the accessory apartment which would be on the North End of the structure in this location the current uh house has four bedrooms is a substandard septic system there'll be a new septic system as uh the referral indicates it's designed uh to have a capacity for five bedrooms however there will only be four bedrooms in the house there is one room that doesn't meet the definition of bedroom it's a home office however just to take away any uncertainty and to provide added capacity it's never a bad thing to have added capacity um uh it's been sized so it has enough capacity for five bedrooms the domingus is um up uh prior to the tonight went around and talked to their neighbors because they knew that they'd be notified as a Butters and I wanted them to explain to them what was proposed so they went around to the director Butters and they went around to some other neighbors that were nearby and they showed them the plans and they actually prepared a I guess what I call a petition that is signed by all the neighbors um um saying that they're in favor of the project and I'd like to submit that just for the record with um a lot of assistance from Siri the applicant uh designed this new house to meet the accessory apartment criteria and I think that this qualifies under that criteria um and there's a criteria listed um as follows the principal or accessory unit must be uh owner occupied for a period of not less than S months in every calendar year that's certainly going to be the case the accessory unit must occupy no more than 30% of the floor area of the principal structure and shall have a minimum floor area of 450 squ ft and a maximum floor area of 750 s ft it was designed to meet that criteria and it's and it's demonstrated on the architectural plants and then uh number three says the minimum lot size for an accessory apartment shall be 1500 square ft the overall lot size of this lot is 57,7 53 Square ft um the number of bedrooms on the lot shall not exceed four bedrooms for Lots between 15,000 and 39,380 and five bedrooms for 40,000 square foot Lots up to 50,000 Square foots uh square foot lots and in fact six bedrooms are allowed for lots in excess of 50 but there's only four proposed so we meet that criteria there's also a provision for properties um within a coastal Pond overlay District this property is within the child's River Coastal Pond overlay district and you're allowed um one bedroom for every 13,500 sare ft of lot area if you do the math that works out to 43 bedrooms and there's only four proposed and also there were were only four in the existing house and then there are some other criteria that I won't boiler with but everything I believe is uh in order uh we work through this with Siri and I I think it's a a approvable request and we're hopeful that you can see to it to grant us the um permission happy to answer any questions thank you so just for the record can you give us the square footage of the principal and accessory Apartments [Applause] [Applause] [Applause] [Applause] [Applause] if you look on the plan Mr foran on oh okay I do see it here yeah the first floor uh living space the second floor living space are are sighted and then the accessory Department uh area is cited as 728 ft yeah so 1 128 158 and 720 okay and then uh I I was curious as to the septic that's being constructed the new septic that's going to be rated for how many bedrooms it has a capacity for five although there'll only be four bedrooms in the house okay and under the coastal Pond overlay 4.3 is the max is that correct yes okay if you do the math uh one bedroom for every 13,500 Square ft now there's another building on the site um I'm wondering if you can tell us a little about that that's a garage uh strictly a garage for the operation that Mr uh dingas uh owns it it has previous home occupation permitting through this board if you look in the file it's simply garage space that's all it is okay well that no no bathroom facilities in there no no correct and there's no flow there's no bathroom facilities and there's no flow it's a assume that that accessory use is part of the primary use it's like a detached garage okay and where the current house is that's just going to be they're going to just fill in the hole fill the hole and make it one [Applause] okay I think uh that's it for me okay TJ uh what's the height of the proposed structure [Applause] [Applause] no I don't have any questions no no questions I have a question but it's probably just for three the condition of the special permit that there be a deed restriction that would attach to this even though right now they're intending on for family family but they would still have to according to the bylaw they do have to I explain that to my okay so might help them that okay I just want to confirm that okay so that is all we have for questions ises anyone here to speak in favor of this application what oh so I guess oh if you're going to speak sor if you could come up here and provide your name and your address and hi John viel uh I would be in favor of this application I'm on 179 Club Valley Drive I know the family very well and I think it'll be well suited for them thank you thank you Doug aselton 144 carry shop it's my stepson we need this little room for the little guy so he can have a good place to live thank thank you would anyone else like to speak in favor would anyone like to speak in opposition no okay so let's see what the board would like to do I think uh it's a very thorough application and I'm personally ready to move that we close Okay second it so that is Mr foreman and Mr Karen all those in favor I I I and I and how would you like to proceed well if you want to start with findings sure um I think they've convincingly demonstrated that they've met all the criteria of uh 24038 I I agree uh and there will be substantial Improvement in terms of the front yard setback they'll be getting rid of that non-conformity which exists assisted prior uh at 15.2 ft so uh in I think it's a vast Improvement improved um use for the family as well absolutely the septic system is being upgraded capacity for five bedrooms so that's another Improvement so I'd be happy to vote 24216 I'd be happy to move uh in favor of approval do we need any conditions well as per plans per plans and- 38i it's pretty much all you need okay so you'll I believe 38 I you want you want to say something about uh section s there that no if you just say 240- 38i and it's entire but also the board might want to make a finding that this property owner does have a home occupation existing approved under uh homebased business and that's operating solely of the garage is that true and that's Trans Trucking transport okay so conditions we said you you'll work with the applicant for the deed restrictions that you said okay okay so that's my motion okay so Mr Foreman I believe it was Mr Murphy seconded that all those in favor thank you very much thank you good luck yeah [Applause] Santa [Applause] [Applause] the next matter is 8315 slopis I hope I'm pronouncing it correctly 49 nagan Street and tia being all persons deem affected by the board of appeals under Section 11 of chapter 4A of the Massachusetts Journal laws you're hereby notified that Richard M and ly lapsis of Amherst New Hampshire applied to the zoning board of appeals for a special permit pursuant to section 24-3 of the code of Falmouth to partially raise and reconstruct a portion of the pre-existing non-conforming single family dwelling on subject property known as 49 narraganset Street T ticket mass and for referrals fire department no comment planning board no comment uh water department uh applicant to coordinate any water service relocations with DPW water at 416 gford Street building department no comment uh concom it's outside of concom jurisdiction but keep storm water on property and from the health department no objection to the project except if the foundation is to be replaced the New Foundation would not meet the 20 foot setback required to the existing uh leeching pit uh the project would be requ ired to have the Board of Health approval of that plan before the health department would sign off on a building permit it is understood that the sewer under construction would eliminate the septic system but unless the portion of the existing Foundation within the 20 ft of the leeching pit Remains The Board of Health approval would be necessary that's all we have for referrals thank you good evening I'm Harold Lloyd and this is my second time here and more nervous now than the first and uh I'm here with Richard Lyn tonight um yet again I a customer that is planning on making f with their retirement place and the house does not meet their needs as it is and we'd like to upgrade it and add that second level as Richard has an extensive library that he would like to bring with him and uh we've had the drawings U with cl2 out of Boston and you have all have copies of the drawings and uh I think it's pretty straightforward with what we're trying to do uh we understand the lot nonconforming uh from what I understand we do have neighborhood support and uh that's about all we have on that okay let me see if anybody has any questions for you Paul no questions thanks okay TJ all right uh the pre-existing non-conformity I believe is the side setback there any other non-conformities on the [Applause] property all right and can you address the uh the board of health concerns yes we're planning on uh approval here we're going to move forward with uh taking care of everybody excuse me for clarification the other nonconformity is block coverage by structures is 29% exceeding the 20% and it's and it's remaining 29% is that what I saw okay is there an existing shed on the property yes are there any plans to remove that as part of the proposed construction they were hoping not to as to keep their law equipment that does it for me Ken I'll ask TJ's question from before which is the building height which I don't see on the plan um I did quick calculations I believe it's 216 and 34 21 about 226 okay um so and it's a three proposed as a three bedroom yes and it's current three B three B okay okay I think that's it for me okay what's the total lot coverage right now 29 something 39 for the total that includes the inferious and the structures all right and so it will be oh sorry I see it right here and it's so it's being maintained at 39% yeah they intend to keep the asphalt driveway it's a currently a stone driveway yeah okay okay no increase to the non-conforming setback on the side no ma okay are they totally going to raise this portion of the house and reconstruct it yes so half of this house is going to be totally removed and then rebuilt as a two-story yes and those setbacks and the deck everything is going to remain as shown on the plan absolutely so I guess I could ask will they retain the existing Foundation or will they uh lay a new foundation of the same dimensions it's going to be exactly the same size totally new full Basement foundation okay on on that right side of the property the existing one story to the left is going to that Foundation is going to stay and we're going to per code marry into it and keep that the way it is uhhuh so there is a uh existing basement yeah it's uh I really don't know what the terminology is for the basement it's the the perimeter walls are non-conforming now and it's got a block wall inside that that somewhere through nonconforming with respect to the building codes or with I don't really know that answer it's it's was there when they bought the house and uh that's the way they bought it so the section of the house we're making two stories we're taking that completely off off making a per code foundation and basement with a set of stairs going to that section and we'll meet the elevation that's on the other side that we're not taking apart gotcha and U upgrading that so the basement use would be unfinished unfinished basement storage yes thank on the plan there's there's or on the plot plan there's a little box exra that's the chimney that's the chimney okay that's and that would be even closer than 5'4 then yes sir and that will be retained uh that section of the house is just going to get a new roof okay additional uh we're changing that roof line to Interior cathedral ceiling with the wall I notice that the walls are remaining fireplace remaining okay second mhm okay any other questions see would anybody like to speak in favor would anybody like to speak in opposition okay see what the board would like to do does everybody feel motion CL I don't have any discussion you want to discuss are you feeling well I don't think there's any more information that that that we need I agree or can get so okay so you move to close is there a second sure okay so that's Ed and Ken all those in favor I I okay do you want to have any discussion or [Applause] you discussion do you want you I mean I think basically it's approvable I wish the live coverage was a little less um I do I I I think I'm guessing what s was hinting at is if we're rebuilding the foundation we might want an as built at the end uh I just wanted the board to understand that that was going to be totally raised and reconstructed um the portion that's not going to be raised is remaining the same so it doesn't affect right and that's the part that's close apparently closest to the lot line that's where the nonconformity is I think the board still might want to discuss an asilt as far as LW coverage right and isan there's a number of things where the lock coverage is the bulkhead going to remain since they're creating stairs in the basement did anybody ask that I forgot well it's shown on the plan mhm yeah I'm assuming it's remaining and then you know I'm just looking there a patio let's see the patio doesn't contribute to the lot coverage right that's the total well and they're tight in total too they're at 39 but they're conforming conforming um I mean the easiest thing would be the shed there's a deck in the back but there's no the shed's existing and there's no garage so I can understand the need to have some storage it is a tight lot it's a very tight lot and I do I think it's actually an attractive plan because they're you know incre adding a second story but it's on the side you know on the side that's in the middle it's not right on the property line which I think is smart design and it's not sometimes we see boxes come in before us and it's not a box so it's attractive I don't like those boxes um so it is it is tight on that side but it's not changing well that was my only concern is whether there's any way to reduce the coverage the coverage a little but um but I it is a compared to some we've seen it's modest yeah I think it's you know the alterations conforming it's going to improve the neighborhood you'll have to you know obviously uh he'll have to satisfy the Board of Health with that 20ft requirement but there's a lot of ways to achieve that yeah you can work that out before you get the building sure okay so how would you like to proceed uh have we moved to findings yeah no you can yeah we can motion to uh close the public hearing and move to findings very close oh we did that mhm so second kind of it's a finding more detrimental under 240- Improvement to the enhancement of the utilization for the residents no increase in bedrooms dock coverage remaining the same and that the applicant will work with the Board of Health to bring the proposed septic upgrade into compliance well that would be a condition too wouldn't well it goes without saying cuz they won't sign off on the building unless it's correct so and condition um at the per uh well per plan and condition that there's an as built plan provided as well post construction please for lot coverage verification yes let's there is no increase in bedrooms three bedrooms maybe a finding that the height is not increasing on the side where the side yard set back is with the side the height is not there's no increase no increase in no change in that in the structure at that point thank you [Applause] [Applause] okay so I think that's everything right sir I think okay so now a motion to approve anyone motion to approve second okay so we'll say that that is Paul and then Ed all those in favor all right unanimous thank you [Applause] Mr sounds like something to do to your [Applause] sibling are you reminiscing about the days you used to be on this board uh all nine years and always are we next you are next after we okay so next item is 8415 is d d 100 C Tucket Road East F being all persons deem affected by the board of appeals under Section 11 of chapter 40a of of the Massachusetts general laws you are hereby notified that Teresa J Dees Trustee of wul mass applied to the zoning board of appeals for a special permit pursuant to sections 24-3 and 240- 69e of the code of fouth to construct a two-car garage to be attached to the pre-existing non-conforming single family dwelling on subject property known as 100c Tucket Road East fouth mass for referrals planning board no comment fire department no comment building department no comment uh concom it's outside of concom jurisdiction but keep storm water on property off the road so no [Applause] impacts from engineering it's looks to be the standard comment and from the health department the garage is proposed be less than the minimum 10t setback required to the septic tank and the soil absorption system uh Board of Health variance will be required be the health department to sign off on a building permit for this project it appears that the storage above the garage will be accessible only from a pull down stair so this room would not be considered a possible bedroom it does it for referals thank just for just just for the record I I received the notice because I have a house within a 300t limit but I don't know these people I never met them where are youant phant Lane on the other side oh you're on the other side and I can't even see the house from there so I just he just disclosed and everyone's okay with him sitting and makes him all the more qualified thank good evening Madam chairman board members uh my name is John viel and I represent Teresa D from 100 CET Avenue I've just got uh some calculations here I did for the board let me just pass give them to the cler St them want to keep one for yourself I have one I have one thank [Applause] you basically uh the existing structure is pre-existing non-conforming due to the front yard setback I do believe that uh this board has a purview because we y on conforming to to uh allow some additional loot coverage up to 25 uh% I believe anyways we we'd like to go over the loot coverage by 200 square ft as far as the uh referral from the health department I did sit down with David carrian and and we were confident that we could design a system that would fit all the setbacks with the new garage so the the system has to be moved from his present location and he was pretty confident we could get it in there without a variance so I don't know I know he said he we would have to have a variance in here but I'd have to address that if in fact you would permit this obviously we'd have to meet the board of Health's uh questions and to get a billing fromit as well I do have several AB buts that have signed a uh letter here from the for the homeowner in favor of this I give this to the cour yes please thank you thank you thank you uh see is there anything else uh any questions let's see PA yeah so the non-conformity is the front stairs yes okay I know kind of that was all yeah Okay add no I don't have any the shed as well the shed is also non-conforming and it setback M teer um just to address the shed the existing shed uh it is non-conforming any plans to tear it down or keep it we hadn't really discussed that I think they just keep keep Lawn Equipment in it right now uh there might be a chance that you build a garage maybe you'll get rid of the shed uh what's that if I had to I if I had to I would prefer if you're if if you're going to speak I'm sorry you have all right so I I'll speak for if if in fact uh it became an issue MH and this was permitted I think we could remove the shed and being non-conforming as far as setback we could even move it to set back if need be it would be a half a foot basically yeah 6 in you don't have to okay and the proposed garage that will be a slab no basement involved or no basement slab all right and just four ft of foundation you know just to confirm with the uh the board of Health's referral uh lack of a better term that's second floor being created above the garage that will be just storage mhm that's all and the only access is that pull down there you can't be can't access from the house because it's going to have a cathedral ceiling in the uh tying into the house to the garage look good okay thank you TJ Ken this was the shed's about 127 Square ft yeah and you said you're going 200 ft over we 200 square fet over C that's 127 I don't think so is it it's 80 81 and2 Square ft yeah maybe I maybe my multip multipliers I think it's 8 by 10 it's 8 it says 83 and2 by 15 yeah oh 154 is the I'm sorry is the set that's what I did wrong okay yeah okay so so that only really gets rid of about half your non your overage and the question regarding access to the to the attic is already been addressed couple times so I really yeah it's not it's not going to be a finished space up there right is that that's also unheated correct unfinished unheated the garage won't be heated garage will not be heated okay uh yeah I really don't have any any other questions I thought it's pretty straightforward nicely staked thank you I don't have any questions S I have no questions okay anyone here to speak in favor of course is anyone here to speak in opposition that's an easy one too no I want to retired I want um smart Okay so let's see how the board would like to proceed [Applause] okay move to findings close the public hearing move to finding so move so move to close move to close well well actually let's have a minute of discussion because it is an increase in lot coverage above 20% and we usually require uh you know comparable what are the what are the adjoining or nearby properties is it in character with a neighborhood and so forth um in in my visit I certainly didn't feel that as the addition of the garage was going to make it out of character was a fairly you saw the uh the list I proposed there I mean that I put together it was it was almost split in half between people that didn't have garages and people that had garages there were like nine right houses on the street with garages but only two of them uh exceed 20% right um 94 which apparently is next door next door and and 87 um the others are actually quite well below that um to me the biggest thing was in terms of bulk which we have sometimes also uh considered this is really not adding a whole lot of bulk to the structure so and this this structure won't be more than 22 ft in height right so that for that reason you know I just think we ought to get that on the record in terms of discussion that uh for that reason at least I feel it's approvable mhm how do you feel about the shed well best I mean a compromise might be how movable is the shed oh anything can be moved it 6 in it would have to be what's the what's the it's a threefoot setback for a shed that sides it's two and a half now I think what Kimberly was asking you is keep it or make them remove it no I understand I'm just looking for you know how can we it would enable us to say that there's an improvement in some nonconformity which would be nice or it would be less increased basically yeah [Applause] um but I don't feel real strongly about it personally six Ines I say leave it exactly it's not going to impact the septic system no because it's on bricks correct what's the shed yeah I mean even the garage is it's a slap you know and but they still we still have to maintain setback off the garage yeah SL and and like I said I did sit down with David and we we kind of mapped it out and he was confident we could get a septic system in there without a variance but I'll I'll address that with him the other thing is the property line is pretty well treat to the ab you know I mean it's really buffed very well the back and the and the side where the shedow is say right so anyway uh that's that's my feeling okay so how's everybody else feeling I say go over it I'm not okay all right so so now motion to close so Paul had made a motion and I believe Ed seconded it so all those in favor I I unanimous so some finding and conditions I think you need to address the 24069 in the fact that you found that there's no huge impact on the neighborhood with the bulk right and that there are two properties that are in excess so 2469e I can do that whole thing with impact and shadowing the whole bit I can okay I'll do that we can say there's two properties including one next door that are in excess of 20% lot coverage reviewed neighborhood out of 1 two 3 four five six seven8 nine 10 so the uh the dimensional requirements of the bylaw are met for the proposed alteration or addition MH the space above the garage is unfinished storage and unheated apparently unheated accessible only from the garage so second floor hatch access for storage only mhm no habitable space that's it right mhm okay by by code oh we we close the public hearing well I just want just want to clarify one thing but that's okay I I think we're going to I'm happy to make the motion to approve well to be wait conditions are we but well per plan yeah but it's part of the motion then the conditions the findings come first right okay was that yeah didn't we always do findings and then condition findings then motion then condition is that what we've done forever no that's our new I'm just conf okay so we do findings and then we do the you guys have changed it so now you do findings and then make the vote before you finish the vote I understand okay thank you K so anyway uh now I forgot I know iot what am I supposed to be doing um Grant it second it and then do condition motion to approve second okay and then conditions would be as per plan [Music] um I mean we could say no the garage to remain unheated that was a finding okay uh oh you said I don't know I we we made findings with respect to lot coverage but I don't think there's any condition associated with that right so cuz it's per plans lot coverages on the plans so I can't think of any other conditions I think one of the other findings which I forgot is the applicant will work with the Board of Health MH to satisfy prior to issuance of building permit okay appropriate setbacks for septic we work with the Board of Health for yeah I mean because if they get a variance that's up to them so appropriate setbacks may not be what you want to discuss just the fact that they'll work it out with Board of Health prior to building permit issuance I mean I guess another Finding is there is no increase in bedrooms we sometimes include that right that's a good one okay but in terms of conditions I think as per plans and uh no heat and no heat and we'll leave the sh said where it is yes just to make that clear okay everybody's comfortable with that yeah just seems a little much to have them try Okay so that was Mr foreman and Mr van curan all those in favor I I unanimous thank you very much thank you good luck [Applause] good night good [Applause] night I just have a question if there wasn't a loot if there wasn't a loot coverage issue the fact that the front steps made that property non performing would automatically refer it to the board of appeals of course no town that that's interesting in Dartmouth that's approvable um out of my office as well as all the other towns I've worked in but on the vineyard any any house that's non-conforming has to go even if the alteration complies and Lon we have a bylaw 243 if the property is over 2,000 square ft you don't have to go and the alteration doesn't impact any the set I got you have to go okay so there our exemptions yeah yeah it's it's interesting and of course no interior work comes before us right okay so open meeting minutes September 24th did everybody have a chance to review those yes Ken are you here remember I wasn't here so I'm neither one of you were here voting yeah I don't think I was here so the three can carry okay yeah Paul so is there a motion to approve motion to approve uh the minutes of October 6th as written second sep I'm sorry September 24th I was looking at the wrong date there okay it was um Ed seconded yeah and TJ made the motion so all those in favor I I I abstain and I abstain next was the board Workshop you guys filled out your stuff I'm just a Remer to please be there at 9:00 thank you a week from this coming Saturday and any topics that you want to discuss like I'm going to post the agenda and it's just going to be you guys going to review the policy you're going to have discussion on board concerns M so anything else that you want on the agenda well I think this upcoming bylaw proposal can we talk about that is this posted it is post it will be posted it is a workshop so but uh but but that would be pertaining to the planning boards uh that you can talk about at an open meeting after a hearing if you'd like I think we should have a discussion about that which one are you speaking of the ones that are on the warrant or yes I think the ones that we just you and I talked about the other day the accessory apartment is not on that will be they're working on it towards the Spring Town Meeting well so that's better than because we have an opportunity to chime in before it's all set in stone exactly exactly is the um so the dimensional regulations the height that is on Pardon Me the increase of height and the FL yes for the velocity and AE yes that helps and that would be as of right but you got to remember if they're non-conforming any other way yeah right I just think 40 ft as of right it's like I think and I made this recommendation at the time I thought by special permit would be like we do for lock coverage to go from 20 to 25% because 40 ft that's a that's like a four-story building that's high right and I understand the purpose but right and the thing is that if you're living in a ranch and most of these are going to go to two or two and a half story that's a huge change but this is something and Mr Foreman is your town meeting member so it's I'm the only one that he can discuss at town meeting when it comes up yeah I think 40 ft as of right is we used to have four members that were town meeting members on this board I believe Ken is the only one Matt and Pat was Patty as well mhm okay so we will or we will not discuss is that no I think we should discuss these things oh you definitely should discuss them but I I really believe it would be more advantageous to be at an open meeting and not at your Workshop okay Workshop is for the board only you know policies process for you guys to discuss um mark is not going to be there is Mark going to be there I think Mark Mark is going to be here okay good where's my yes he'll be back so you'd like you know this put on an agenda we're well this is coming up November 7th right and those have already had public hearings right so I mean these are going yeah right so s what else expectations in terms of preparation for the meetings uh right right anything you know that the board wants to bring I think that would be a we've talked about posturing we've talked about a lot of different things at the workshops and sitting back and you know you need to be near your microphones um any anything that I get from making me anything I get from the public I thought the same anything a board member wants to bring up as anyway I think that would be good to talk about uh you know what's anticipated in terms of preparation for the meetings exactly exactly that's huge I'm recommending that we put that that's huge I mean you can't always do what you're supposed to do but you ought to do it as much as possible yeah definitely so preparation and you said you have procedure right well send you guys the policies and procedures and you should review them and see if you want to make any changes okay on those and if there's anything Ed just went to a 40b seminar that I sent to all of you you all had the option to go to it uh we do have a 40b as you'll see November we do November 5th on the agenda now um anything like that if you guys are interested remember the uh things that Brian Curry spoke about any classes that you want either in conjunction with planning board we need to disc that as well and I thought the last class that we had was a little long but I did think we learn I mean it was helpful there were a few things where we said o we're doing this one the hund days and yeah something I've been doing in a while I've already forgotten it all but it was very helpful it was helpful so we and there's that list of things that Brian had gave me that I sent you and if there's any other okay training sessions I think it's important that you discuss them and we get them done while I have the money in my budget okay okay so let's put that on the agenda too so we don't forget so training sessions sit roll over speak yeah um what else do we have I got to remember to set oh bylaw review update basically we just already went through that and that's I mean you guys really need to read the um proposed accessory apartment that will be yeah but this is the idea of a comprehensive bylaw review which they voted oh excuse me you're right I apologize which which we voted town meeting voted money for but it hasn't been done right NOP and it's still stagnant at this point well it wasn't we met with the that's not my word well no I know that's my word because it is stag one thing that we could do there is an opportunity in the town meeting for boards to get up and make a little report right okay and the chair could get up and say I'd just like to make a little report on the activities of the zoning board and we've done this this and this and we are concerned that this has not transpired and town meeting you voted this money for this purpose what year was that voten sorry that's a good question couple years 2013 I believe it was wasn't it Springtown me or Bown meeting how long is that set aside for in perpetuity is that just or the thing is the town has a discretion to change it I mean I've had funds taken away and different things so right but but there was a sense that it was needed and I think it's still still needed and you know so that would be another it's still needed you know um you know the other issue that uh has come up from time to time and this is more of a planning board issue but it does impact zoning as well as a lot of what planning does is react to change to bylaw making bylaw changes rather than recommending actual uh land use planning if you will I mean as an weird don't you find since they're the planning board well I think it's just been the traditional Mission and it's hard for them to get out of that mode it is exactly and that's what coup of them have said what occurs to me is when I was on the planning board you know we we passed the East Main Street Redevelopment overlay District business Redevelopment right which included some things like you know going from six to eight residential units per acre as a possible inducement and mixed use of course all good changes but they were all changes that led to increased density and part of the plan which was never Incorporated except by sort of General Ascent of the board of Selectmen was that we also set aside some land for off street parking and some land for Green Space along that stretch um and certainly there are lots since then that have come up for sale now that would be expensive but it was part of the original plan conceptually and I think it the goal was to make East Main Street pedestrian friendly much like the you know downtown portion of Main Street where you have all these nice park areas and so forth and I think it could be F I think it would be an investment that would pay off I think that's something that you guys need to request a joint meeting with the planning board and discuss most definitely so that's the East Main stream Redevelopment and and the idea of saying as part of that we also believe there ought to be an attempt to uh you know acquire some land for municipal purposes off street parking Green Space you know possible green way to the harbor you know there there could be it could be great but it would require a different way of looking at planning from just bylaw changes do you agree that that would be something that you would want to discuss at a joint meeting with the planning board yeah and then I think from there the point last year we had our joint meeting like I think in January which would be really good from there the goal would be to say okay planning board now how do we as a you you know together press for this probably with a select them yeah or the I don't know if it could be some part of a uh Community preservation act initiative you know Recreations uh important to discuss with them and you could also have on that agenda the language that you've seen recently that they're going to be discussing for the Springtown meeting I think it's important that you discuss those with them are there minutes from the meeting of that one in January last year the one you referred to there are I just got to figure out if it was January way I can't remember I apologize we met with the selectman as well didn't we Ken um was it this past year you referring no the Selectmen were at the one that I've gone to okay it was just the planning board it was just the planning board yeah and that focused more well Focus I guess all on this bylaw recodification um and I think my concern with the bylaw recodification is the fact that we have all these legal decisions and legal you know courts making decisions and we need to make sure that all of our bylaws are in accordance with those and I think that's something that sometimes gets overlooked when you're just dealing with one that was one of the major reasons for getting the bylaw review done it's not just Rec codifying the bylaws right so which is kind of Gone by the wayside right so the The Hope was to get a qualified uh legal mind to focus on it it hasn't happened when the planning board you know proposes some of these zoning articles why aren't we I mean I know that we we are free to go to the hearings we don't know about I didn't know about some of these at all because I think it would be good and I think it would be good for the planning board too and it because we offer a different perspective just like they offer a different perspective from us correct and so we look at it and say well ooh this might be difficult for us to to make people comply with right so I mean I don't know if there's anything that can be done to make that better so that we're working more C again I think that's something most definitely to bring up at this meeting okay the communication on on any zoning changes is you know it' be interesting to know how this I only find out sometimes when I watch the planning board it' be interesting to know how this flood plane bylaw it'll beting to the attention of the planning board me I discussed it with audo so you you because this board was going to be faced with a lot of variances and this is being en forced on them by federal regulations so I met with Eladio and I asked elao how can we do something about it and he said let's talk to the planning board well elao sat down and talked with Brian Brian took it to the planning board and this is what they came up with but you know the trouble with it so that was something didn't have any input it rides rough shot over the rights of the butters who have Vistas and Views which is one of our criteria I thought I'd be part of that conversation but it didn't happen that way but you guys so you it's kind of it's kind of moot at this point unless you talk about it at town meeting well I will you know there's really a larger issue here which is is it such a good idea to be building in these very vulnerable flood zone areas in the face of sea level rise increasing storm intensities you know I think that's something that would have been interesting to sit with conservation planning building and a truly integrated approach wouldn't that be novel that could be actually again I didn't say that that's probably a better topic well not a better but an additional topic that you might we might cover in a joint meeting with the planning with the planning board because to me this bylaw is exactly the wrong thing to do I I mean I know that I feel some sympathy for land owners that have homes in these areas but I feel like the message that you're getting is maybe you shouldn't be building a real big house right next to where there's going to be major flooding yeah you it CH eventually it will change the whole character of well of course it will neighborhood do you realize that some of the elevations go up to 22 ft so if you're allowed a 40ft height hello do you realize after to all that house is going to be six did is did anybody take notes on what actually to discuss with the planning board CU yes I think I feel like taking is doing that thank you I you know and I also think for this speaking at town meeting I'll draft a letter maybe I'll do the first draft and I can circulate it to everyone because if I speak kind of just at will I won't say everything and I'll it'll probably be personal too so I think it would be better to if I draft a letter and that way we can work on it should have a statement but the the way I'm reading this though is that the 40 ft is subtracted from the base flood elevation so if you have a base flood elevation of 20 you're going to you're capped at 40 so you count the 20 no like well it depends on I guess it depends on where the base FL elevation is but maximum Building height 40 ft above or is this just from mean grade unless they're changing that yeah that's the thing excuse me for yeah this means for correct this means the way I'm reading this is this is 40 ft from right from grade and right now it's 35 ft right so I guess the school of thought is that you know the flood zone properties get penalized because they've got to set their lowest floor well they do that's true but oh yeah no but uh you know that's kind of the price you I mean in my view that's the price you pay for being in the flood zone that's right and maybe it's not so good to be in the flood zone no no I I I definitely all the logic right um flood zone properties are what we call problem properties there's conservation fil let's not encourage them by giving them all kinds of extra leeway that's that's where I it just seems absurd it's as of right that's what is troubling I think if there's a particular design and it's because a lot of these are so close together as it is and you could say well here's one and right next to it there's one that's you know there's two others that are 35 ft or something I I don't know so we have some things to talk about and work on corresponden or board updates uh board update that John has stepped down yes yeah did he say anything at the last Mee John uh no it was pretty brief he just said you know I've got a conflict I'm commuting now and uh it's just not a good fit yeah his new work schedule couldn't right yeah and we're sad to see him go yeah yeah and that means that we do have an opening for an associate member yeah and then future agenda items I guess we touched on what we'll be speaking about and so unless anybody has anything else sir are you all set one thing I did want to explain on that velocity and uh elevation the planning board really did discuss it quite a bit and it was very hard for them to come up with a way to at least increase the height and they looked at it several different ways taking into consideration the houses different things and the different elevations because you've got them from 12T to 22 ft and this is the best that they thought would work for the overall I thought it was just going to be velocity Zone it is also AE which I'm shocked at so that means somebody could be a lot of property in fo elevation and then have a a house up to 40t as a right [Applause] okay all right well that's town meeting to vote on I suppose right and your town meeting memb is right there and I think you heard everything are you vocal at town meeting no I'm not vocal actually I hate speaking at town meeting I do that would be very I get there's all these all those very eloquent people like Joe Netto that's like you're on on TV he's very eloquent he is very eloquent I don't mind if he hears me say that hi [Laughter] Joel okay so we'll call it a night [Music] [Music]