[Music] good evening everybody this meeting is televised by area 58 and uh we have four members tonight and we're going to start with petition 997 997 and uh [Music] [Music] not not [Music] I read is uh petition number 997 applicant is Eric blankenberg uh this for 20 Madison Road Halifax Mass and he's seeking to build up on our property adding two bedrooms adding a bathroom uh which is a full bath and opening up the living room and you couldn't go sideways because the the neighbors and stuff a Vari of the side from it and then you guys to come I just canel it because so the best possible way that you wanted to do is go up and if that's good for you then you don't need a you don't need a variance so you're just going straight up from in the middle of the house y straight up you're not increasing the size of the footprint correct it's just going to go straight up cuz originally he put like the roof would go W so it's like 18 in on each side and it's like please don't just go straight up I don't want to do the sides of the house you're not touching only you're touch in the middle no nothing on the sides only straight up and like you said I think earlier that was from the original Foundation just extending too yeah so it's kind of like the middle of our house sure and you're adding two bedrooms upstairs and a bath and a bathroom any questions from M of the board no it seems good no anybody want to make a motion on 997 nobody to speak here for it anybody are you are you here for it no one I'll make a motion to accept petition 997 as presented for a special permit second I second it yeah as it is you okay with it I'm okay yeah Jerry yes yes myself yes it passes for and Z good work good luck we have we have we have the the this is yours there sign it's petition 10 that's there's no forms here it goes under petition 102 mhm would you like to read that sure we don't have okay petition 10002 Michael patrizi y s Old Ocean a wants to build a new 23x 8T deck on the back of of his house and it will be an 8ot at the shortest point the ocean half 9 ocean half so you're looking for a variance on this too um yes whatever I need the neighbors are all far how far you what's the closest to the side one the co on the west [Applause] side we say double weight So Co will be about 12 ft which is more than most of all the other houses I mean the house right now is about 6 you don't have the forms for uh the approval or denial to you for us to sign last petition she didn't leave us any I have what do we have any blank piece of paper we can yes can yeah we got it right we have it yeah can we can we see yours for a second I this one on both side the back of the house so there was already existing on this side mhm uh it's basically right so at there the back of yeah to the back yeah over here outside deck I purchased this 2019 right before Co and uh so with the 4 years delays for pretty much um just finishing it up now and the whole project was I just wanted to make one flat level for me and my wife's future I was basically making it off handicap ready and everything so the deck will just be like a deck straight out there's no over there's no roof on the deck or anything no no so how far off the deck um right now eight we're going to go 8 ft we think here we want to go 8 ftt so right now you're 15 ft off the property line going the back right now reduce it to seven right put that yes yeah on the side this was already existing on this side the stairs were there yeah and how how high is it from what other ground um would be uh 11 [Music] ft yeah cuz it is so do do you have a do you have a yeah yeah not we're really com forward is to spend the rest of our lives here youbody in front of conservation I have I'm working with them now just on the footings for the footings so they have some cons uh conservation friendly footings that I didn't mention I went right into the S but I shouldn't have done that but's that they have to approve us I think so he doesn't have he can't building any that really yep conservation can't stop me from issuing a building permit they can stop me from issuing an occupancy technically through the state I I would have to issue a building permit if zoning is okay with it and it needs the building code and then conservation is on their own to chase him down afterwards huh we all try to work together but statutorily I would have to walk away technically we don't need anything from conservation either right correct no I mean I'll do whatever conservation will change the size of the only the only place you can bring that in for this would be because this is a special permit the detrimental to the neighborhood it does play into at that point there's no wet lines right there but the on the water yes correct no it's it's the sand in the sea above sea level about 4 or 5 ft but your property is no Wetlands on your property Wetland no no just way this is where a water line is yes at that yeah at that time it's extremely high right now as everyone knows and you're going to be 8 ft away from the water or seven at the moment with the weight at the height it is now yeah so we're hoping we've been hearing this but I mean the footings would actually be under the yes there'll be three about 3 ft back and I'm just looking for three or four footings whiches they have these I think they're called Helia or it's actually a temporary they screw in to the ground which I haven't closed that yet to the Conservation Commission and then they have another type of Ure on it where just sits on top and pipes go in there just pin it down so we don't have to do any cement foundations no cement Sait tues or that yeah yeah block like this and then they drove piles down yeah I think so they don't have to dig into the G no with the first thing you was talking about was a helical pile just a big screw that goes down they W the cap on it and you build your deck off of that the section dier the diamond Pier so it just sits on top there's no digging I just inch inch pipe going right looks yeah but even in the building plans he did it for the the helot where they twist in they screw in in their temporary it's like an Aug correct it just once the AUG is in it's like getting AER stuck once it's there it's there it is oh there let me see this is point of the he sits right on top and just pins in there so just temporary wow far for conservation family M [Music] interesting anybody want to wave the onsite or any more questions I'll make a motion to wave the onsite I see I'll second all in favor hi hi hi [Music] [Music] [Applause] so the pl show 15 ft off the back of the house now so safe to say he's got a variance for 15 ft there would be no variance because he's already but if he's reducing it what's that if he's reducing it wouldn't there be a variance he's reducing it he's putting a deck on so if he puts an 8ot deck on but because he's he doesn't meet the 40 ft regardless he can never meet the 40v right so we can't variant something he can never meet so that's why it would just be a special pres he's extending his pre-existing non-conforming nature of house thought in the past we've done variances though do you recall VAR yeah even if on a lot of these Lots in the Bonnie Estates if they never are going to meet the requirements we done variances anyways right MH now is this a new thing that if once they if they can't meet it no this is just case law essentially it says special permits can be used for pre-existing non-conforming cuz we're we're extending we're not looking he wouldn't be looking for vars cuz there may be nothing different about his lot M than any of the other one so that a variance would never get it you would never no reason to get a variance because every other house on that lot has the same thing so they've moved it to special permits in the last prob 10 or 15 years that they push those more or if he if he met the 40ft rear setback and then was going to put a deck on that would be a variance because he's conforming now and we're making a non-conformity he's already non-conforming so it's it can't ever be conforming with any reason so because of the non-conformity he's a lot you'd be allowed a special permit because you're just you may be making more of a non-conformity or extending a non-conformity but he's not creating one the variance procedure should only be for creating Rand new nonconformity to the house lot use Etc so even though the variance is on the packet they're not asking for one well that's why I said so if you guys deem it to be variance by all means you can you can make it a variance now they don't have to read advertise it and and such right my feeling would be this would be be a clearcut special permit for the extension of nonconformity it's the pleasure of the board I'll make a motion four members you need four yeses so just so you're aware I'll make a motion on petition number 10002 uh approved as as submitted second special per second s yes yes and myself yes passes good luck with your deck thank you this is this is yours we'll go we'll come and have coffee with you we'll have as left the BS anything no you uh once you uh 20 days and you go downstairs and they'll tell you what what to do with okay yeah just making sure yeah just you guys could add a provision to that that it must pass through conservation first to protect the the conservation board yeah you can add a Comm condition to the special per otherwise he could start building in 20 days conservation or no you have to go through you have to go through the conservation I don't think he's the guy to do that just but the conditions are you have to go through conservation before you even start right you have to give them you have to give them you know the go in front of them and see what they want but yeah yeah I set up the two meetings and then yes this for so that will be that will be no on our decision that the the condition that you have to go through uh conservation before you even start doing anything that's fine yeah we got we St can finish as long as long as you understand that that we're telling you that right now yeah and in case you you know you get into trouble then you won't blame us thank you thank you for your time had the property next door before and she's a neighbor she's one of the borders it's close closer to the water than that property is and I been there 15 years it was there when I moved there like that and then all our other neighbors are well most of them are closer to the water than that property is and it doesn't flood to mine doesn't flood that doesn't flood in the 15 years I've been there anyway if that makes you feel we have to all right thank you have to write something you want to write petition number 997 pass here you go we need to approve the bills y so I'll make a motion to approve the bills for Express Newspaper invoice for petition one2 and petition 997 did you say approved yeah position 997 approved and we'll sign it then we'll do one petition 1022 you want to Second the the bills oh a second a second the B all in favor yes yes yes sign there you go petition 102 that was an etition there was an in-law apartment that was coming it was there was it was it was I thought it was another one tonight for garage no on the website show so the one in Madison is the one that neighbor came up I missed that meeting oh you missed that meeting yeah yeah oh no they were so upset about the them going side we oh [Music] yeah oh that's that Danielle can have fun with those to just a quick update before we close the meeting uh bylaw Review Committee uh we should have um a copy this next week oh well to the board and we'll either approve it and then we're going to have a meeting the following week with the Selectmen and then it'll be distributed to all the you know the planning board we'll get copies here for review a lot of changes there's a lot of changes I mean uh we're trying to streamline it it has been really helpful in streamlining uh trying to get this here the way it should be we're trying to get everything in alphabetical AUD so we're not jumping around looking for something uh some of the big changes that that would be coming up as in our Apartments will be deleted and it'll be a pment by right you know it's going to be uh what does that mean that means that you know you can build an apartment on your in your house and you still have to go through all the permits and and everything else to building and everything for it but if you want to and it's it's a little bit smaller than I think in in-law inlaw is around 900 ft I think we kept it at 900t kept it a 900 yeah in 900 squ you would be taught so in-laws doesn't make any difference anymore they can be an in-law apartment or it can be an apartment that your kids want to live in or you want to rent it to your your friend if they want to go there too so that's so it's no longer an immediate member exactly right it could be anyone and and I think the big part of that there is housing is getting really expensive it's an unenforceable thing you know they might start it for their daughter son Etc after that we have no idea what they're rent to and I'm not in the business of DNA swapping so so now changed exactly it just gives a little more freedom a little more leeway but still keeps it under the control of the town where you'll have the right to inspect it once a year if problems calls issues the town still has the right to to go in and kind of clean it up a little it always be it it'll be an income producing it could be I mean it could still just be for your son daughter but then they leave but if they want to what you do with it if they want to use it to extra income they can y like an in-law p and you couldn't so we did put a provision in there so that they would have to fire protect it if they're not going to have an opening between they would have to fire protected the same as a duplex okay so it protects the towns to make sure that they two separate entities while still being just one entity one entity and they no longer have to do the 5year thing no no cuz the same thing so what about all the current inlaws if they to so they they'll be able to right now they'd have to still stay keep the door open between them unless they were to go back and pull permits to fireproof the wall between the two so they still need to come up every 5 years to renew the perent so my thing Provisions they should be grandfather as well preexisting still have the right right of refusal for the every year inspection but again they would they would have to maintain the the opening in between unless they came de to close it off um fully which for most people once you you've already gone that far it's a lot of money to go back and try it again most people probably aren't going to but you're playing out most of them are being rented illegally anyhow why not give it an Avenue for legality instead of chasing something we can't really try to enforcing something that you cannot yeah yeah and there there's a few things that that have been cleaned up uh no longer 50% of uh if you cost do an addition 50% of the the value of the house that's that's been taken out um you can doesn't matter what you spend it won't make any difference that to miror 48 a little closer so it mirrors the state zoning act instead of working and that's part of what was what else has been cleaned up to to make it more C with the state rules and regulations that we other towns have fallowing shoot with it or well I think so I think they're all everyone starting to look at their their zoning laws especially now with the NBTA section and I think we've got the right I don't know if anyone read the article it was in the globe probably about a month ago a lot of towns are doing exactly what we're doing they're rezoning an existing space and say okay uh you can now put uh three family homes and but in order to do that you got to tear down everything that's there build and it makes it that it's it's not it's not viable to do that yeah and you know and we're saying basically the same thing if you want to go into these condos okay now you got to buy the 300 condos the 300 condo owners you have to buy them out and then tear the whole place down then put apartments in which is not going to happen and then we have uh I think it's do we have the 10% on the uh low income we did add the% that we still have the 40b 40b is still available yeah there's nothing you can do about added a provision to the MBTA Clause that 10% of anything over 10 units would need to have an affordability so there's a lot of little things that have been thrown in there to makes it makes it really kind of tough for developer to come in and say okay this is worthwhile for me to develop and and these are these are the things that the law really says the all the want to do is just rezone not saying you have to build these apartments but you have to rezone so that they're they could if they if someone wanted to yeah cuz this most of this was comeing from the state consultant exactly yeah it's all from the state and there's good Artic on the globe that uh there's like 30 towns that have already been approved by the state that have done exist exactly what we we intend to do and that that made me feel good because I'm saying cuz we were wondering whether this is going to fly or not but uh it's F proba saw these other 30 sounds they've all done the same thing they're saying yeah you can put 2,000 apartments in this town but in reality they may only get 100 because that's what's really the space that you might be able to build some in you know and is that worth a developer you know really not but that's that's what they're trying to do a lot of these towns are doing because they're saying we can't we just can't do that our town is too small or whatever you know it's the ramifications down the road that hurts everything else schools water you name it everything else that goes with it yeah but they got to take that into consideration oh sure before they your biggest hurtle will be good information for town meeting oh yes I think the right message and the right meeting out there and you know they're coming up with uh they're going to have a couple of different uh meetings for the public and everything else to explain all us here before we go to town meeting cuz you know how Town meetings could be if we have to do line item by line information will there there certainly is but uh I think that the U uh it's turning out very good you know for what's going in there it should be an easier document to to to read and utilize you're not jumping around oh yeah but I want exception in you know article 1678 says I can do this you know but really you can't you know this is what we're trying to get get rid of all that stuff so everything is whatever you're looking for should be under one item boom you don't have to go anywhere else to look at it everything everything pertaining to multi family housing saves right that's it and reduce all the contradictions in there yeah this says you can this say says you can't and this tells you how much it cost to do it mhm Which choice do you go with yeah and we've had we've had some pretty good discussions on a few different items that uh that people can take in a different different manner the mixed use that was that was the that was the other one yeah mix mix juice development development so you put a you know business downstairs and a couple apartments up there upstairs yeah how's that project going is it on track the one is that across from how many look is the yellow 55 uh they're actually they they're they're wait they have to go in front of the planning board for site plan review they were supposed to go on last Thursday they asked for an extension so they're going on the 20th the end of this month I believe so once once they get through that I think they've had decent luck getting the zoning was approved by the Attorney General so that hurdle is cleared I don't know where they're at with conservation I think there was a misfiling on their part so they're they're working conservation commission to rectify that and get all that paperwork in order and then they would once they clear all those then they'll present plans to me I'm assuming what zoning is changing so the overlay Zoning for the 55 and over Community there what's it own now it was it was zoned residential they rezoned it to Commercial and added the overlay District of the 55 that was town meeting last so why do they have to go commercial I don't know I I was not here for that but my thought would be multi family housing is not allowed in so it's probably allowed wasn't one zone for commercial and the other one wasn't yeah I think it was they have one across the street they're building across the street one of I'm not sure which one but one of them was not zoned properly that's why they had to be changed to where the peach farm was probably yeah yeah we've done the multi family developments in residential yeah so I think that was changed that conversation was before me I just found that out today when I was reading through the the articles that came back from the attorney general so yeah that could change that was part of having change and then the other zoning thing was to u to allow the three stories right uh I don't know if that was part of the The Zone the biggest part was the overlay District yeah that's what I mean in the overlay District Within that District uh you know you can have up in three stories in the AG's article back to uh it didn't explain the zoning it just said we've we found that it passes that you know it's constitutional yeah so it didn't get into all the explicits yeah all in all I think it's uh it's going to help it was it going to be a complete you know everyone's going to be happy probably not but I think we've made it easier to uh to go through and I think uh uh with some of the changes that are in there I think it's it's worthwhile you know make it as long as it's good for the town not you yeah and I think a lot of stuff Ed has been great about it is is there's a lot of things that you don't need a variance far you don't need to come to us and he can he can make the decision right up front so it stops a lot of things that come to our department that doesn't really have to come here MH you know so I mean that's that's a good part of it too because he yes you can throw it up why not makes the system a lot easier believe I think the other thing that's changed goes back to West is we're now going to be charge of signs we're going to be in charge of signs signs yeah oh right now the planning board has it but it's coming back to us and originally I I've heard we had the signs we had the signs and then I went to the planning board now it's back to us so we have the signs yeah and made a few changes in the signs but uh that was more clean up than more clean up than anything else yeah yeah most of it's been clean up there hasn't been nothing radical been Chang been contradictions clarifications and putting it in a you know an order that wasn't written with you know tape and Elmer yeah it seems like when everything had passed they just shoved it somewhere that was it it's it's in the book it's in the book that's what they did before yeah but uh it say that's too long it should it should be a good piece there when you when you read it anyhow but it's all your review too and if you see something else that you don't like or you want to make a change that's the time to do it you know yeah anybody want to make a motion to agend motion to Second all favor hi [Music]