I turn that off mine too uh good evening and welcome this is the Littleton zoning board of appeals uh meeting of April 18th 2024 we're at 37 Shad Street Littleton Mass it's a 7:00 meeting it's been advertised and posted and we are live we are not zooming but it a recording of it can be found on lctv after we're finished um I think they watch it you can watch it live too but you can't participate live um I'm just going to remind the board before we go too far that when we go through this hearing I'm going to tell you what the order of things are and what the rules are that we follow but also I'm going to remind the board because it came up on another matter this week that Littleton has adopted the code of ethics for Town boards and committees and fortunately we usually abide by it and we don't need to be lectured on it but reminding everybody that courtesy is foremost that we have to treat all the applicants with courtesy and respect we need to treat each other board members uh with courtesy and respect and it's really okay for our board to disagree but we have to be civil about it and accept that there will be differences of opinion so thank you for letting me uh remind everyone of that it was adopted by the selectman and it was asked to be reminded okay uh 7 o'clock pm. we first have minutes to review and if you have read them and want to give me any changes let's talk about that I'm pulling them up as we speak I only saw a um there a typ b yeah I saw a couple of um incomplete sentences but that's the way the minutes usually so in attendance I'd like my first name please I realize I have two last names Lucia but which I use indiscriminately but it' be nice if my first name was there too okay and other than that I thought they were fine anyone [Music] else I had just um question my own uh memory on page 23d paragraph um I don't like the word it's the way it's worded G stated that the prop osed is going to be an attached structure therefore the setback will be 15 ft I think therefore is misplaced an attached structure with uh which requires a setback of 15 ft and it was originally detached with a setback of 10 I don't think it ended up being 15 that's why I want to take the therefore out and then um I think that was it I there was something St commented that didn't make a full sense and I just want to get that you commented that supports the idea of a proposed garage yeah I just wanted to clear that sentence up because I don't know what it do you have it in front of you no I lost the email somehow and I asked for the package she didn't send me the minute so just look at this sentence and tell me what it is you commented because it wasn't a complete I remember yeah [Music] just so you folks know I don't know if I support maybe I said I like the idea was behind the house I don't remember in detail the meeting is scheduled the hearing is scheduled for 6 7:15 so we can't start first so we're doing minutes administrative stuff how about he supports the idea or like the idea um I don't know I don't like using feelings he supports the idea that it's behind no you want to say like it how about how about lik how about he supports the location of the proposed garage being away from the road and behind okay yeah that's [Music] fine and I thought I had one more but I I didn't I would I reviewed them online and I didn't have a edit feature on this Adobe version so I didn't write it um are we gave them down to 5 ft yeah and and I think it's a uh I think it's uh other than that the minutes were accurate so does anybody want to make a motion to approve the minutes as amended I'll make a motion to approve the minutes as amended okay second second who said second John so Cheryl and then John Field uh all those in favor please signify by saying I I okay next is member comments and I would like to start with a member comment to tell everybody who's watching live and everybody who's here that Mr Vance is our newest alternate and Daryl Baker who's not here tonight because he's on a business thing was also one of our newer appointees as an alternate and both gentlemen are running for planning board this election on May 7th so please look at their qualifications and think about them this is Mr Vance and you may know Mr Baker because he's held Town Offices before I have a member comment candidates night is coming up in this room the 24th of April right around the corner please come please participate everyone gets a chance to write their questions down Tim gard moderates and um um asks the questions and it's a good evening to meet all the candidates date time and place again 700 p.m. the 24th and where here this room okay and I'm sure on cable no Refreshments oh we do have Refreshments we will have cookies and bottas of water and we will have little 3x5 index cards for people to write their questions down so it's clear that you know so they're Anonymous and all that good stuff and we will have pens courtesy of um Main Street Bank great they already gave me a hundred of them thank you and it's sponsored by the rotary um the other thing I wanted to go over is mail and I don't have any uh mail except for the next hearing that's coming up there was an a butter uh email but that will be read during the hearing and when the hearing is open anybody else okay well we can play for 5 minutes because we can't open the hearing until it's 7:15 say 710 did it you were right we still two minutes then we can play for two minutes we still have to play for three minutes whatever uh I can talk more about candidates night I was going to say we went to the baseball game today and it was miserable weather was miserable the traffic was miserable they are miserable this year oh and the team is miserable usually I'm optimistic but today was a bad day did you take the kids yeah the grandkids but the games go much faster with pitch you think so fly by yeah well yesterday's was crazy 149 yeah I think was awesome several years an hour 49 well they were already in the bottom of the fourth by the time I packed that's how bad the traffic was so um the rotary is also doing a carnival this year in June exciting and um the carnival company it's going to be on the parking lot for um where the IBM building is now where Sal's bought it they're going to let us put a carnival there and the carnival company has guaranteed us a minimum profit even if it rains all weekend of $10,000 and 100% of that has been earm to go to tread um if you guys know what tread is tread is the fund the town has to help Elders in need um pay their property taxes very nice so that's a targeted fundraiser for tread so we're we're proud to be doing that and um we're rotary is also going to set up a little beer garden so we have all the local brew brewing companies coming around and we have a bunch of bands volunteering to play and um s's going to put his pizza truck there because he can't put it with the carnival because they their own food very nice isn't that exciting yeah that'll be a good festive and applean that is in June and I don't remember the date Appleman is also coming up Appleman is rotary's Major fundraiser last year we netted over 35,000 and we have given all of it away this year we um also have the duckies coming up right the ducky W race is coming up that's that's air Shirley um major fundraiser ours is the applean and it's our 20th year and our goal this year is 50,000 so um we give our money away in dribs and drabs to anyone who asks we do everything from support the um one more minute we do everything from support the eagle scout projects on conservation land to last year we gave 5,000 To Tread we also um we have we probably gave money to 30 different Chari and helped support 30 different charities and we did things like blanket drives and and there have I have I filled the time if you want to join rotary just talk to me okay the time is 7:10 p.m. I'm calling case number 24- 971 case of 26 28 and 30 Cricut Lane the petitioner Peter mcanespie seeks a variance or a special permit pursuant to 17310 and 17331 for the construction of a single family dwelling on a pre-existing non-performing lot and such other business as May properly come before the meeting and I think we said a variance or a special permit I would like to just go over a couple of uh housekeeping matters the hearing's been open first of all I need to make an announcement that some years back I was asked to come to the property by an owner or two owners I can't even remember it so long ago and I've checked my file and I do not believe I acted in any legal capacity on that matter I think I met with them and suggested that they needed to use a different lawyer than myself but because of that I've sent a notice as I'm required that there's a potential for the appearance of a conflict of interest I sent it to the um appointing authority and I wanted to announce that if anyone in this room has an an objection to my sitting um on this matter and sharing it please let me know I would recuse myself I have no financial interest in the outcome I don't believe I'm biased or even remember who the parties were and I'm sure I can be impartial so if anyone wants me to recuse please speak now okay since you aren't recusing I am um my reasons for this is one of the salespeople in my office four years ago helped this gentleman buy one of these pieces of land and while it was four years ago and I'm not re required to recuse myself because it's more than a year ago I'm going to step down cuz I don't want anyone to feel there was anything wrong and we do have a full board so you don't need me it was actually uh very kind of you to come just in case because there was a possibility she's the vice chair if I was being asked to recuse she would have to take over and if we didn't have a full board I wanted to be sure you all have five members here so if you're recusing I am then I am uh going to appoint Jonathan Vance are alternate as a sitting member to vote on this matter so I don't have to recuse but I am recusing because we do have enough and I don't want do I have to leave the room no you can sit in the room and you can participate participate I'll sit I'll sit quiet in the back you can't make faces at us now that's going to be the hard part okay thank you John the other housekeeping matters are this this is the way the board conducts its business and when I have a full house I like to make sure every body's aware of it the first thing we do is we ask the applicant to present the case uh board members if you have any questions as the applicant is presenting please hold them and make notes until the applicant is finished then I will ask the board if the board has any questions not comments questions for clarification then I will ask all the abutters who want to speak to be heard to come forward and be heard I'm advised tonight that we have a little bit of a computer uh situ ation and so anyone who needs to speak or wants to speak needs to do it from this Podium including you okay all right we're okay wait you got it all set he's got it fixed so he doesn't have to go to the podium nope and I wanted to see him at the podium I can do that if you want and and um when you speak I need you to identify Yourself by name and address please okay so I guess we will open the hearing and the applicant is being represented Ed according to the submitt by engineer Kevin con from Ross so Kevin floor is yours sure thank you uh good evening everybody uh my name is Kevin Conover I'm from David Ross Associates and I represent Peter mcanespie um for submiss submission of a special permit tonight for property located at the end of Cricut Lane um currently there are three houses at the end of Cricket Lane that are all owned by Mr mesie um if anybody's can walk out there they they saw that they're all in disrepair um but there are three buildings out there um it is my client's intention to construct one single family house on all three of those Parcels demolishing the other three buildings and uh constructing one um we've already obtained a Board of Health permit for our septic system for this property we've already obtained an order conditions from the Conservation Commission for this property um so this is the last um phase of the project in terms of approvals um we're seeking here a special permit I believe Sher that we decided I think you need to address why you think it's one or the other and I think this board is going to vote I'm going to let the board vote on which it should be so we think it's a special permit because it's a we're requiring um approval to do this this project um the the three buildings that are on the property are pre-existing non-conforming structures and pre-existing non-conforming Lots um uh the new house will be uh will not increase the non-conforming nature of the existing houses so therefore we don't think a variance is required we think a special permit is more of a a better process to go through uh because um again it's three three lots and it's now currently owned by one person with three dwellings on it um and we're just trying to construct one um so again the the proposed house will not be any closer than the property lines um than the existing buildings are is that actually further away from the pond which the Conservation Commission was improv about um uh and again the the Lots were created on a plan done uh 1946 reported for registry of deeds um the current deed references that 1946 plan um The Cricket Lane is shown at the RightWay on that 1946 plant um there is a passageway that buy sets the Lots uh 3 ft wide on either side of a lot line uh that ter that begins a Cricket Lane and ends at the pond um so we're speaking seeking a special permit for the construction of the single family uh two bid house on this property can you tell us maybe using the map in which ways it's nonconforming please so first of all it doesn't have enough front doesn't have enough areas required by the town um it does not meet this side 15t side setback um it meets this setback but it does not um it meets the rear setback so it just doesn't meet the the Northerly property line setback but as the existing plan shows the setback on the existing house was about 2 ft um here the the setback is closer to 6 ft um so we're further away from the property lines um again we're further away from the pond and the existing structures um and we're making it less non-conforming because each one of those lots we're only around 12,000 Square ft um so we're we're combining all three of those to have one large lot larger lot going take one house board members questions please um how do we bridge that gap between the variance and special perit I was hoping you wouldn't ask me okay um what what is concerning me about this proposal is the following you have three pre-existing non-conforming Lots there is some argument that once you combine Lots you lose your pre-existing non conforming blessing I think you agree even though you've added you agree with that cuz I've been puzzling over that for a couple of weeks now and so if you lost the pre-existing non-conforming nature of this I think you have to elevate this to a variance um and and I just I I ask every board member what's your feeling John you you've got the most experience with something in your pra in your business so what's your feeling about that I I believe the simplest test is are you creating any new non-conformities no we're actually increasing decreasing the non-conformities I'd agree with you if you were keeping the three structures and you were asking for permission to uh somehow improve them or to to make changes to them but I think when you create an lot you are now not only subject to the dimensional requirements but you do lose any protection of the pre-existing non-conforming structures so I I understand what you're saying but it's our belief that if the structures were gone then we would lose that that grandfather that we' lose that that aspect of it but since the structures are still there we don't lose any of that um and again terms of varying special permit um because there are three structures on the property um and we're taking all of them down we think would it be easier for um for a special permit um so again in terms of a variance we need a variance because it's a pre-existing non-conforming laot um and the structure would not conform to the setback requirements is that easier than a special permit possibly that that's really not I think what John said what John said is you have a brand new lot now it's a it's a non-conforming lot because we need an Anor to conform we need Frontage to conform so what you need is variance now to Frontage and size and so I think that's what John is saying and I'm not sure I disagree but that means then you would have to give us some criteria for uniqueness and hardship um for the proposed house or the proposed new lot and the proposed house okay so if we're we're going the Varian route the proposed house would be less non-conforming than the existing structures that are on the lot in particular the one that's uh that's closest to where the house is going to be built um like I said that existing house is only 2 ft off the property line um we're going to be further away from the fond and further away from the from the setback so um terms of a variance then we would be seeking both a dimensional because of that setback and also because of Carnage and area and just for so that I'm clear it is one lot now it's not the three it's three separate lots and three separate GS all own by this meches it makes it less clear it makes it less clear but we can make any decision contingent on them beaing into one parcel and combining it maybe even filing a 81l plan or whatever that is um um and in that case we probably don't need an 81x an 81x is a plan that does not create any new property lines um because all the Lots were already shown on a plan recorded the registry ad an attorney can that's true those three LS on one but I think it's okay for us to condition our decision on the you're being combined resolv either way what what is I think I had asked you the question about the new house is it going to span two lots or is it all contained in the one lot that I looked looks like it's the majority of it is on that first lot see and it it crosses the property line of the lot slightly but those lots like I said are extremely small they may have mischaracterized the size of them I think they may even be smaller than that so yeah they are so a lot that um the house is proposed to be constructed on is 2800 ft the other one is 3700 ft and the furthest one down the hill is 2600 ft so um obviously pre-existing nonconforming um so to construct a a house on a 2300t lot with private seage is is difficult which may go to the hardship uh argument and the uniqueness obviously is that it's a l La pre-existing zoning so it was created without the benefit of needing Frontage or or conformity in size toward our current sounding biis so I think he's established either way that it's um that he can do it as a pre-existing non-conforming or if we decide it needs to be variance variance but I have a I have some other questions but um who else on the board get any good question so is there any reason why the house can't be pulled a little further away from that property line feet so it's kind of a bounceing act between um the soil testing that was done the um Topography of the property and access to to the road so um if you've been out to the site it kind of falls off pretty quick down half that street so the closer you get to um to that Terminus of Lane the less impact you have in terms of grading um all within the bu um so on and so forth so um and it's actually it it kind of sits nice in that little corner I think when it it'll be done it'll uh it'll open up the rest of the parcel because that one have the buildings there and uh those buildings are in serious need of one in particular exactly there there one the other question I have is um you don't show in the plans where the parking is going to be okay so and how many parking spots do you have sure so um I didn't show that but on the Sor excuse me one second is there anybody here that needs to see the plan as we're talking cuz I'm going to ask you in if we don't have to be over there can you put it on that wall so everyone in the room who's here can see what you're talking about thank you right on the ledge put it right in front of the window so this is the um this is the site plan we did for conservation and and Board of Health and you can kind of see the area where the driveway is going um it looks small but it actually isn't from the end of Cricut Lane to where the the end of the driveway is it's about 38 ft 12T driveway and then we're proposing a little turnaround area so um so you can you know you know better access so there won't be any cars parked on the street so parking um is not large sure he but there are no parking lot on the street in 100 exactly no parking and again it all be en encompassed within the lot as I look at this plan I see Cricket Lane and then I see sort of a trapezoidal piece that does not look like lcus I see that's the RightWay that's the right way where are you saying is the the yellow you're saying the parking is in the yellow right of way no no absolutely not the parking will all be encompassed within this spot right here okay I can see over there I can see the red spot brown but the but the how do you say mean be property be property uses the right of way as I recall cricet Lane ending and then you use the right way to get onto meanes property absolutely like all the other Lots do down there yeah okay um well this is showing no Frontage on Cricket Lane so where does the driveway Comm in does it go across that lot right there yeah it actually does I'll show it to you here okay so this is where the driveway would would go it would come down off the end of Cricut Lane and like I said it's about 39 ft from here to here has a little turnout area but how does it access across this property line is there an easement that allows that there's a RightWay that was shown on the plan done in 1946 okay cuz I don't see it here I think it's in the D see it comes right there this is it right here so these are the three lots that they're developing so this right away comes in there the yellows right away exactly those are Reas and it says it's hard to see but it says right of way here okay oh so this is not this is not somebody's lot this is a lot with a house on it this is a house on a lot and they also own this lot our Cent okay and so they the season granted over there that's correct and like Sher said in all the Lots down at that end of Cricket Lane use that right what number Cricket is that last one um is that the 26 this one here the the existing house the Lots the houses we're tearing down are 26 28 and 30 which one is 26 B um this is 26 the lower one the lower one okay 28 so I thought I saw on the deed to maybe I'm thinking of something else but I thought I S on the deed to Lot B that it specifically calls out that right away that's correct and I just want to point the board to that what's the different one that's the walking one no the walking one is a different one I think one of them called out the specific right of passage yeah y so even though they you have a driveway here anybody can use the rest of this right away so the way it works is the plan was created in 1946 and there's implied rights of way to all the lots that are shown on that plant to use those rights of way um obviously the one that goes down the hill and is bisected of the property line is in the center of that RightWay it's not for vehicles never was but access to exactly that that' be you know for pedestrian access and do pedestrians access the lake I see where they I see where they get to the lake do they access the lake only through that 3T portion that runs to the lake that you've marked in yellow there that's so it's confusing to me so it's an older plan as you know so the RightWay actually continues down to where the the edge of the pond was in 1946 whether that's where the pond is located now I can't speak for that but and then the septic is on so the driveway would turnaround area would come between the holding tank and okay that was concerning the other question I had in reviewing the materials is kcom seemed to have a reservation as recently as a month ago and I've lost it now but didn't they weigh in and say your notice of intent was filed some time ago and then you went back for an amendment so do you have a conservation order right now my understanding the Conservation Commission approved that those inent has submitted based upon that point when I know yes um it was August of 2021 that's what I have is the August of 2021 one am I understanding it was valid for three years that's thank you that's what I that's what I saw thank you madam Madam chair there's a young lady back here who wants to address the right way yeah we'll get there thank thank you I I'll get to you as soon as we finish with the board questions and it be about his turns thank you okay so I need that letter and um did I print your whole email so I don't miss anything did anybody print the email from Mr butter that I'm going to ask next just put that here so we can read those into the okay okay any other questions from the board are you satisfied that you understand what's going on here and did have one more uh from the plans that appeared I think that it is this a modular build um no I I submitted house plans um I don't believe it's a modular it is was about they weren't the size final size based on what they could get down the road okay all right I can see after they're doing that on the road that's actually may be better than trying to construct the thing yeah now is that house one story right one of to make that one bigger one at a 10 uh one at a 10 then then is the house a one story house so so it is it's a two-bedroom it has a walk out in the back toward the um toward the lake but it's twostory um it meets the height requirements in the town which is 32 ft um um I have a copy of the pl if You' like to look at now and and the height of the uh the roof would that be above the Cricut Lane elevation yeah I believe it would be do you know how much sure there were some comments about view obstruction so just so I can address that issue as well so um the grade at Cricket Lane is about 198 um for an elevation we have a first floor of 192 so it'll probably be maybe 10 ft maybe 15 ft higher than the elevation CRI L and the second question that I had around the uh modular so with the crane it's the accessibility component uh especially with the holding tank there so this might be process is holding tank going in after the house is so it'll be red du up in that spot to yeah it's typically the construction of the houses a septic system will go and last so don't drive over them Lumber parked on them so the holding tank will most definitely going last okay and I just had an experience at our own summer Cottage when they dug the foundation near the lake like that it filled with water and so the foundation guys raised the foundation which raised the house up has any test boring been done well they did testing soil testing for the um the holding tank is required by the Board of Health um that area of Littleton is is all sand and gravel so I don't think water would be a problem however everything's a problem now with water so um but uh the house will not be raised on a slab or a basement like I said it's a walk out so the the basement is the portion correct in the back but the first floor is at grade and the second Flor the basement is at the lower grade any other questions one more which is uh so it's essentially the two and a half story cuz the the basement I didn't see plans for the second floor uh in this you might have did you get a copy of the the house plans that were submitted um I got the full 75 page packet and then the plans that were in there this is the first floor for sure okay yeah I didn't have the second floor in bement and there's a profile in there too of of of the house the roof line so the only thing you'll it'll look like a ranch from Cricket Lane cuz the only thing you'll see is the first floor in the roof from the Pond Side it'll have two two and I think there's a profile of the rear you know obviously take advantage of the okay so the first story is a walk out it's not a basement so walk out that means the basement is the is is living space the second floor is one floor above the basement where you have actually three Flor so like I said when you look at the house from Cricket Lane it'll look like a ranch but if you look at it from l two floors and there's a profile the B back side of the house so it is like a three story yeah and that's what I was trying to figure out so there is no second floor this are these just windows that come into the first floor I believe so yeah okay so that's why there's no second that's why there's no second floor isn't this the second floor up here well this is the first floor this is he's saying it's just the windows coming in for extra light oh this is all one floor here there's no other floor plant in the basement this is the bonus room I think in the basement okay is that what you're seeing um any other questions okay want to ask you to sit back just so the ab Butters can come up and get close to the table before I leave I just want to um show you the board some pictures that were taken um by a drone um showing the property from the pond side and um there's a couple that are significant um but the area this first one is a drone from Cricut Lane so this is Cricut Lane here and these are the three houses there's one here here and then here okay so that's kind of an orientation of how the the buildings relate to cricet Lane okay those pictures were taken about a year and a half about two years ago where am I on Cricut Lane here where am I standing on Cricket Lane so the Terminus of Cricut Lane the end of pavement is right right here yeah the drive would be yeah okay so and then this is another picture that's kind of important too it's a view from um from the pond that shows the end of Cricket Lane right here and then the three buildings so if you if you look into the future obviously those three will be gone the main the building the new building will be somewhere in this area here basically at the end of Cricket Lane just like the plan show so as you can see those three buildings again we've all seen them they need to be taken down um and uh but it's just going to open up that whole lower portion of those three lots um because the house will be so close to see really not obstructing view anym this is a significant drop it actually increases it a lot and is Cricut Lane now being plowed by the town no no no we lost spine no the whole the whole distance of it is not being PL by we hope hoping to get that back yeah and then did you have another picture um this is just a picture from uh again from a drone showing Cricket Lane and how how you get access to it so this is the end thank you for the presentation it was very thorough thank you do you want me to address any questions as they come or I I'll yeah I'll I'll call on you if necessary thank you does anyone want to speak to this I'd like to call on um is your last name lady Mrs lady J come in come forward please how do you do can I have your name for the record again lady J easier and it's g e m or j e m g e is okay thank you and just tell me where you live on Cricut Lane what number 24 Cricket Lane and show me on this plan which is you please this is here two okay thank you that's e and E1 is uh lady gent now any questions you have yes I do actually um I just heard him um say that uh his briway is somewhere WR here although I didn't quite see it but I think yes please I think um he's referring his to be here what I understood him to say and I'm going to ask him to come up and show you because this is easier to see this is Cricket this is that right of way and I'm going to have him show you where his driveway is going to be Miss mind so was shown on this plan the driveway is going to come down here and it's going to service the house here you may get a better picture of it up here so the driveway comes down at the end of Cricut Lane over the existing RightWay and it it it it provides access to the house there does that help so that means it's here um can't see that for this is this he's saying is right of way that cannot be blocked or used except for Access so he's going to come here cross over and get onto his own not not across you no do go across not across yours well it does the right away goes across the top of that piece that that triangular piece of property right but it's still the driveways in the right away not see right here he said he's going to come down cricet Lane he's going to cross this right of way and his driveway will be on his land his parking will be on his land okay um so the only problem um we have is that this is we're currently we currently have a a cour medication going on right now with regards to this part right here this is a part that um um for over 40 years this a major issue but um um so we're trying to um this is one of the the process of the court to Ure that we rain our driveway because this going be um a way to can call across but there there there's spaces this could use but my concern is are they are they maybe they looking to block this you know they be part of their my only concern is safety and then my um my other concern is um the location of the of the property itself because right now if I may um just present this to the board thank you we have um we do have a right we have a we have a we have a perspective right away here and um so we're concerned about them walking our access I'm not sure you know where's your house on these two Ls two yeah where's your house your house is down here and where's that is that Big Shed yours one up next to the road the one yeah right by the road so so the parking you're talking about is just to the right of that shed well the the problem is on the on the other side is the on the fler the fler are currently requesting the prescriptive is over our driveway so we cannot even use this driveway and the shed is only there because it's either one driver or the other let me stop for one minute because there's a lot of people in the room are the fleres in the room FL are in the room i' what I'd like to do is I want to just do this in a larger scale Kevin can you help me because I want everyone to be able to see what she's talking about if if you could maybe put this up so that everyone can see it while she's talking and tell me which house is the flanner is is that should be what f f okay and before you do anything I just want to see what she handed you can't see it if you're standing in front of it I'm sor I I see get on the other side can I sorry um what what I've been handed is notes quoting Mass general laws and some notes concerning which lots have which rights on which Parcels I don't know where the notes have come from I I don't know who created them I don't know if they're part of the legal argument or your own argument I'm not going to accept those into the record I will accept your verbal description of it but I can't accept this because I don't know who created it and I don't know the validity of it okay and if that's part of a court action that's not this board's concern the board's concern is dimensional and Zoning but I'm going to let you speak to it so the whole board knows what your concerns are relative to those easements okay and and I think I need you to go to it to point to it so that Kevin can help guide you and if you'll stand maybe beside it there I think um rod do you need to come over and Jonathan you need to come over here for cram my neck if I okay so who the triang what she ownes it would you please identify yourself for the record and raise your hand a lot of people toell hinger sorry thank you the triangular piece of land is hers according to her statement and that's what she's going to show you right now she owns e and E1 so point to those two for everybody here e and E1 so this is e and this is love E1 and what she's described I think is that in that yellow trapezoidal piece at the very top or the Westerly top of E1 that's currently a right of way and it's going to be used by mesp as a right of way but she says that her family's been parking there as the only place to park because of the location of all the structures and what I heard her say is some disagreement or dispute ongoing between feries and what she's allowed to use I'll to I'll have you speak next but that's what I heard her say so let's keep going with your questions or your concerns that's right so there's a current uh litigation also going on at the suprior court between the feries which is not F and us right here basically the currently have a prescripted fisman to use a driveway and so that limits our use of the driveway so we're only left with the other side the part where they're uh the plot they're claiming is a a rway is actually a driveway that has been used for at least 40 years count counting back uh looking at the Deeds that's what I um I was trying to present to the board so basically the deed um um the deed and the use of it entitles us to uh to the use of it and so um and and my own other question is the building to block the easement on this side when you say the easement on that side I think that plan has the easement shown in yellow and so if there's a driveway that goes through the trapezoidal piece at the top of E1 you think if he starts parking his cars the minute he end enters onto his own lot line that that you won't be able to use that easement anymore is that what you're saying well as long as he doesn't um you know as long as he doesn't um depend on the the 28 the the the area that is currently used as a driveway as an access expecting us not to park there what they rep what they represented through their engineer and their application was they do not plan to use that trapezoidal piece that you're calling 28 they do not plan to use that as parking okay or any stationary object there not even a baby carriage it's just an access to get onto their own lot and what he shows in the yellow is he's depicting a right of way easement 3 feet on either side of the property line 3T on his side and 3T on your side they're not per to block that 3T passageway it's three on each side if I'm not mistaken so it's a total of a 6ot wide passageway which means you and others everyone on this neighborhood that I saw on the registry Deeds records can bring a wagon down there you can bring your baby carriage down there you can bring your children down there within that 6 foot and Mac Andes cannot block that and block anyone from doing that okay does that make sense yes it does now what about the the construction maybe I misunderstood but I understand they're building a construction to block The View and the axis between the the B and the C that is that is not what was said what the board was asking is it going to obstruct anybody's access or view what's going to happen as I understand it is the house is going to be mostly on B but it doesn't fit entirely on B so some of it will be on C but it looks to me from the plan and from the pictures that won't block your view in fact taking down the existing structures on C and D will make you have a clear view to the pond now okay and maybe a prettier view than it is right now hopefully if they don't store U we will early to over Country Store used furniture out there in tents but yeah so I do understand understand that they will not block the access and the view they will not block the access and the plan that they're showing does not block The View okay and what we're hearing today so far does not block The View okay and what about the exis not the they can't block they cannot block as I understand it everything in yellow cannot be blocked is that right is that fair to say correct can't F on so there is um right now there's no yellow there but there's a proposal to put a yellow there because of a prescriptive easement that um our property gained over the that passageway there is a passageway right here but it's not currently there but this is uh what the litigation is for and I'm getting an attorney to help me because I've been doing a lousy job I am just so fresh at it and um so that's what it's basically going to be because uh we have gained the prescription easement on this going towards this direction when you call it a prescriptive easement what what do how do you define prescriptive easement what do you think basically um a shed passageway between the corers and every abers it says that um all the ABS there are five properties or seven properties basically a through G that is entitled to use the passageways and the passageways are um currently between B and C between c and d and between d and e as well as e and uh D and F so when I saw your letter and I think at this moment I'm going to read it into the record so if you forgot to raise anything I'll have it in front of can I address that issue the passageways so um So the plan like I said was created in 1946 that created these l created the rways for one RightWay is known as Cricut Lane the other one is this this other passageway that goes down to the pond those are the passageways that are described in the Deeds um it's implied that uh all the owners of those lots have rights to use those rways those rways can't be blocked or obstructed by any of the owners of the property um we actually have a recent court judgment that that end of Cricut LAN Lane the RightWay portion cannot be blocked you have to remain it's just like any other portion of Cricut Lane you can't park a car there to to prevent access to your property so um the mesp like the plan and syndicates are not going to be parking there they're going to be gaining access through the RightWay which they're certainly entitled to do so the passageways whether they're perspect perspective or not um they don't apply to going down those lot lines they go down to the the the lines are shown I I want to just change what you just said and also address what you just said and hopefully I'm saying it correctly when I saw your email come through this week I went ahead and started to pulled the Deeds I didn't pull all the Deeds I pulled the Flannery deed I pulled the 46 deed where it says they got created and I pulled the your deed lady Gent and I have the M mesp deeds in front of me all of them say it almost the same way but they basically say a strip of land 3 ft wide on the Westerly and Northerly sides of SED lot whichever lot it is and a strip of land 5T wide on the easterly side of SED lot all is shown in the plan are to be kept open forever open as a common passageway for the use of the owner and occupants of this parcel and all of the parcels shown on said plan here and before referred to now that's shown on the plan Kevin has highlighted it in yellow and you just referenced it as an employed ement it's a granted stated easement not an implied easement and it shows up in the flaner deed the lady gem deed the macb deed and it references every other lot on the plan and since none of you all raised your hand and said look at mine I didn't but I see that your lots are all shown on the plan and you're all eligible for the benefit of that easement what I had asked earlier is how does everybody get to the water because that's what the easement was for to provide passage to the water and that yellow is the way you get to the water Kevin said it no longer touch just the water completely down below f and g but it but that's because the water has receded not because the owners of fng's land extended you just said I think that you have since you bought the place been using the easement up until a point maybe arbitrarily maybe there's a path that was there historically that you've been using to get to the water that probably didn't disturb the houses on b c and d which weren't occupied for the longest period of time I don't know that we have any power to say the fact that you used it gave you prescriptive rights or implied rights to it what we can see in the record is the yellow has to be kept open and you still will be able to get to the water on the yellow what the Court decides on whether or not you can come across the m the the middle of mcp's new lot that they're creating I don't think our decision will change that you still have the right to be in front of a judge to say for 25 years or more we and the prior owners have gone right down the middle of the mac and esp's three lots to get to the water that's not before this board today does that make sense yes it does but um there's a particular um error that um I'm trying to make one that is um that affects this y this claim of a yellow line below the 28 the D that suggests a pel of a pel is actually not the pel the pel is actually above that pel the pel is referring to is the 27x 70 by 28 not show me that please so on the deed um I have um one of the Deeds here that's why I wanted to so if you go back for to the 1946 be um dated 69 let me get my glasses so looking at the very first date of the 14 um okay so just using my D since I really did the book number is 6986 page 19 um 200 that is the 1408 so just looking at my deed you said you have my de it says U so with reference to this part here below the the 28 the only reason is highlighting the the below the 28 is Apostle is the second uh paragraph that says an apostle of land on the Easter sides right now my attorney is Consulting with the lyor who who claims that the pass requires two sides so it is not the area below the 28 that is actually a driveway it's the area above the 28 that's the passle of land it's referring to so I um this is an ongoing litigation and uh they've got a preliminary judgment so it's not the final um so um uh just wanted to to uh make sure that uh our side is presented and as to as to deed the event between the B and C if you permit me I can you know I can since you don't want this um it's basically I typed it on here as well as couple of the Deeds to support well I have your deed and you're right your deed does read a little bit differently than the others however it's not within the the board's power to address the easement and access that you're talking about the board can see by the presentation that there is a right of access to the beach stated in the mcanespie Deeds I can say to the Mac andp as a condition of Any Grant that we make that they are prevented from blocking the 3ot easement that's shown on the plan they're prevented from parking on the right of way as shown on the plan I can't address an impli or any easements that you claim are in your deed I can only see what's in their deed that's all that we have before us if you Prevail in a lawsuit or if you hire a lawyer the lawyer may say let's stop the process or progress on this unless and until the mesp and you can reach an agreement to relocate what you believe to be a rightful easement but but this board doesn't have any jurisdiction of that does that make sense yes it does my only concern is if they've started building it if they started building it and uh well I guess if you can make a condition that says that they they they they do not block but it looks like you're only basing it off of the plan alone without the be I can only base it off of the plan in front of us because that's all we have we have your objection on the record M andies have heard your objection okay if if they build on an easement that is currently in dispute in litigation they have to be aware they're taking some risk that you may prevail thank you very much Mom I appreciate okay they heard you we heard you and if you hire an attorney I'm sure their attorney will get in touch with Mr kov conver if they think if your attorney thinks that you have a high degree of prevailing and their houses interfering I'm sure they will discuss before the mesp breakr and put a foundation in thank you okay thank you does that seem like it's a reasonable approach to all of this yes Miss Cy yes question the gravel turnaround area located at the end of the um RightWay is whose property is that on it look like it's on her property is it in the prescripted easement I'm trying I don't want please don't use the word prescriptive in her that that trapezoidal yellow at the end of Cricut Lane looks like it's on her property so this one is this is um this is not a prescriptive ismen this is more like a an adverse possession or part of our property I don't know answer your E1 is a almost a triangular shaped lot above the one on the Westerly side is a trapezoidal piece that says 28 I can't see it 28 what's that say 28.0 28.0 that yellowed trapezoid looks like it's on her property but it is a right of way that's been deed to all of the Lots here so is the gravel turnaround located entirely in that area you're the most familiar Mr yeah there's a portion of it that is outside of that RightWay but it's used as access for the ab butter um which butter lady yeah lady Jim is that it um so again what that the meses are trying to do is just use their legal access to gain access to their property and I just want to reiterate that we have a a a Court ruling that's maybe not even a month old that states that nobody can prevent ACC uh prevent access down that right away so is the problem you've been parking in blocking that access yes and you don't have anywhere else to park that's right so that's the problem is there a way to create some parking space for her and still give them everything they want that is not again the before this board and has apparently been a litigated matter for as many years as when you called me down there four years ago so that's not before this board and what I think think what she's calling a prescriptive easement you may mean an easement by necessity meaning no ma'am they're calling prescriptive no are you referring to this part this is I am not calling this part A prescriptive is not shared whatsoever it's on our property it's on your property but it's a deed right away to the others only um a 3 ft only 3 ft is deed only 3 ft so again the Maes are not going to park on that they're just going to use that to gain access to their property do you have you said there's a judgment that the Mac espies can use that piece for Access they they are going to use a portion of that piece for Access as the plan shows we're hugging that driveway as close to Al mechanis property as possible so we're we're not going to adversely affect who's deal M right here so our driveway is coming as close to that property line as possible but there's a possibility George that not a great possibility but there is a possibility that if Lady Gemma gem prevails in the lawsuit they won't have access to this new house you building no I think what she's trying to say is that there's prescri prescriptive access or easement across that property line that I got no that's part you're correct what you just said is absolutely correct that if we gain or right now we are using it but not the whole area because the judge you know there's an issue of turning around this major issue of paring anyway so there's a there's a preliminary order not to um to park as far in but if at the end of the of the case if we gain full rights of our property they will not be able to cut across so that is an issue I am raising up and and um although there's a major land here and I'm also I also discovered that lot a provides a major about a 10 over about 11,000 square ft that we that the the seven lots are supposed to share I wanted to bring that up with my attorney to find out basically you know if that area is the undeveloped land across where people can park you know so I just wanted to okay so that L is sh on the plan there's actually a house on that lot L yeah there's it's undeveloped there are Bush Warner on Warner's house right and then I think there's another house here not vacant who owns G please um I don't know who owns G sorry that is a war it's the Warner property give me your name please hi callif ler um I own I own f with my husband Robert flry uh the Warners own that land G going down it it does not have a dwelling on it and do the Warners have a dwelling on a yes that is their they have a dwelling on a and just out of curiosity do all of you use that three foot either side passageway to go to the water no I got a yes and I got a no the same people people that live on the water need to use it so the people on Cricut Lane that don't live on the water do use it to walk through and right behind you what's your name again Gale McKenna y McKenna 29 and you're 29 and you say yes you use that aess water no I I said some of the neighbors do and when they use that accessway do they go all the way down to the bottom of f and g to get to the water or do they go across the macines BC no they go down they haven't gone in many years cuz a lot of them had kids grown and a lot of the neighbors did not know that this existed until the lawsuit started so I expect to see others my favorite thing is Lake ears I just as a side note I got my fanny banked in westf at NAB yesterday so I'm very sensitive to this I was representing a client and I did not do well so very sensitive to Lake Area Properties and what what the what passion you all bring to it historically and what passion you bring to it everybody I I really am sympathetic there was a hand over here uh behind behind you please did you have your hand up no oh did you um I was just to comment on the sorry your name my name is Susan Clark Susan CL C Cricket Lane I um to comment on the lawsuit we have a judgment that was issued December 9th of 2022 and that's the preliminary injunction and then we have an active contempt of court order that was issued on um April 2nd I don't really want the details okay I think it's not this board's purview but where's number two cricket number two Cricket is if you were coming from that spectacle Pond Road right yep yep so it's about halfway down the street so you're not on this map at all I'm not on the map okay and and um Kevin you were in court recently correct on this easement that goes between BC and D that that lady Jim is talking about um not particularly in that one more of the turnaround easement the easements up by the Lots e and E1 and the turnaround easement is in what I'm what I keep calling the trapezoid correct exactly so the whole purpose of the whole Court filing was not to block access to the mac's property who who filed not to block access mesp correct right and the Judgment was order I have it with me it just basically says and I highlighted the portions it says they're not allow to um nobody is allowed to block access in that just just like if there's other Lots further up on Cricket Lane um you can't block access just like any other Road you can't block access and that's all the Judgment was for the pro and was it a final judgment or an inter it just because my the problem I'm hearing and having is this isn't just like Cricut Lane it's her property there's a right of way and what she's described is that she hasn't seen in print the right of way for that trapezoid it exists on a map I'm not sure I see it in print on her deed and I'm not doing a title search on this right now but but that I think is the problem and so I I think we're back to where that's not this board's jurisdiction but as I said before they heard you we heard you it's on the record and I guess they're at risk if the court rules that you can keep them from Gaining access to their property um they're at risk so I think it's incumbent on on everyone to either work together or get a final judgment or an order from the court or something to make sure that once you start doing something on this slot we have nothing to do with that all this board can do is to say whether we can grant you a variance or a special permit that doesn't mean we're granting you legal access it doesn't mean we're denying you any access do you understand right right so are you approving them okay from what I understand you're you're they're not building um they're not building um you're not approving them to build to block any view or access correct okay correct and they've represented in their presentation they do not intend to block any view or access and I'll make sure that goes in a a condition of the decision any view or access to your proper to any other property on this plan yes thank you you um Madam you're welcome um now I just would like to read into the record and I'm sorry this meeting is taking longer than you're used to boor but I think it's interesting nobody's smiling want to go home can't oh my God 103 off early he tells me thank you okay we're uh we're back I'm sure she'll be glad with the Littleton Zing board of appeals we're back uh on the record um we had an unfortunate medical uh situation and we went off only to allow the EMTs and everybody to do what they needed to do but we are still uh at nearing the end of a hearing and I think we've accepted most of the presentation all of the board questions and a butter comments do any other abutters wish to be heard um board members do you want to close or do you want to ask any other questions before we close just have one more which is if uh if the cars are parked at the end of uh E1 I believe can you still access or do it was hard to tell at the site this morning and from the plans if there's a car par there is there still enough room between Gail's property and my my understanding there isn't we've had three different surveys done you know Ross I'm Peter ma excuse me um Ross did a survey M Jem had a survey done in the mass land Court reviewed the surveys and they were all agreement on the way that this is you know the way that it's an easement and all of kiry Lane is an easement you know Susan Clark own owns to and owns the prop Cricket Lane when you drive down you're driving on her property same as you know anyone else they either own halfway into the street or you know all of the street in front of their you know respective houses speak to that well but I'm clear on the easement I guess the part though is if a car is parked in like this photo here can you still squeeze by or is it blocking entirely I was out there there wouldn't be enough room it was hard for me to tell this morning when I was there check it out L show is 28 ft I think you said a 12T driveway right so if you're up against the property line that would leave 14 ft right so again as long as the the easan isn't um you know access isn't denied um then uh then she could find some room to park I assume um on her property or or um she being lady G cor right right and the court order says you know that trapezoidal area is referred to as the E1 easan area and then you know the turnaround area the two spots of the you know the end of the street and in the court order it says there will be no parking in the E1 easan area or in the turnaround area those areas that be remain clear and that's from you know judge Ruben you know Mass Land Court that's the court order that's most recent correct I had someone behind uh Kevin said she wanted to speak to that I just wanted to speak your name again please my name is Jen Jennifer ol ver I live at 15 Cricket Lane and part of our property is on Cricut Lane as well and we don't you're Jennifer olera um you're not on this map no no and and what the gentleman um mcanespie just said is some people own the whole of Cricut Lane some people own to the midpoint of Cricut Lane but it's always subject to the right of passage that refers to private ways generally in Massachusetts if you own one set of a private way and someone else owns the other side you both own to the midpoint but if somebody owns both sides they own the whole of it and that's what's referenced here what I understand from Lady Jem is that because she has whatever dispute going on with feries that prevents her from parking on that side of her property and because she has a shed and elevation changes she's made the statement that she has nowhere else she can park that's what I heard her say you still is that correct that's correct okay okay can I ask a question yes sure um looking at the trapezoidal area and looking at the gravel area that you're putting not all of that gravel area is in the trapezoidal area is that correct that's existing though that's not proposed that's what is existing so so she could technically park on the far side of this gravel area and she would not be blocking Jud the is that correct that's that's correct so the again the judgment is is that they they cannot prevent access to the manan's property they should can park anywhere as long as that correct you can get by it you can park on her property it's a steep hill it's it's it's a difficult situation right so you have to think of the Vintage of when the plan was created in 1946 these were all camps for people from Boston so um they didn't really uh think a lot of things through but we kind of stuck with the consequences well a horse could have parked there you could have got I don't I don't mean to make light of this this is a serious matter but I would like to read into the record the letters that we did get the letter addressed to from lady deim from from lady djm but addressed to the building inspector um references several things and I think we talked about them all but I'm just going to read them into the Record She says driving through the passageway on Northwest lot E1 because it was meant to be used by foot for safety reasons was one of her questions or comments Mass law says that people cannot do new construction to block a defined view please see the plans and I spoke to that we're going to try to put something about the view um um in the decision the next one says there's no parking for an allaround season living except on the street in the summer the next one says my main entrance which is below the 28.0 boundary line has been used for over 40 years for Ingress egress and parking of at least two cars which is not enough to share next number my shed is within the boundary outside of the easement within my boundary outside of the easement so the shed isn't in the easement area it is on her land the shed is required due to the condition of the house without the shed we still couldn't park there because the Flannery property has a preliminary injunction to use that side of my driveway um the 17.7x 53.92 parcel of land needs to be leveled for use instead of looking to steal other people's property and the final comment was the community or the town needs to talk about the portion of the undeveloped land that is on L A across from 24 Cricut Lane L A was part of gaale McKenna's property deeded for use by Lots bcde e f and g and again that's not the perview of this board about the deeds and the easements so that was her letter into the record and then I had a letter from Amy green conservation dated March 11th 202 24 did you see that comment I did not know I'll just read it I have Amy green says I've looked at the plan stated March 2024 which is the subject of a variance request to CBA Conservation Commission did Issue an order of conditions approving the plan dated August 6 2021 uh Mass D order number we have that in our package a proposed amendment was submitted with a plan date of May 12th 2023 but the commission did not accept that Amendment as per the meeting of June 6 2023 it should be noted that almost the entire property including the demolition of the other two houses is within the restricted 50 foot no disturbance area under the Littleton Wetlands bylaw but that a waiver was issued and then it said I would request that the engineer applicant confirm that the plan submitted and Associated grading holding tank and other features to the zba is consistent with the August 2021 plan approved by the commission it does appear that the approved Northern deck is wider and that the approved deck stairs on the Eastern side of the house has been removed now I'm reading those into the record because they're part of the package again this board doesn't make a decision on based on conservation and it would be up to the applicant to make sure the conservation orders are updated and approved so even if we decide in your favor on this you still not passed what looks to be a March 2024 objection on conservation old order of conditions and um the court Otis whatever the Court decides okay um any other questions I still I would like to to have some comfort level of of the variance versus permit and perhaps U you can ask the applicant to just walk through the findings as if it was going to be a variance and if we decide that it is a special permit then that's just boots you know it's more suspenders so board member has asked the applicant to please explain to us how this lot is unique and different from any other lot owing to soil shape or to to graphy sure absolutely so and then what is the hardship so with the variance you need to hardship um it's pretty obvious by the Topography of the land the size of the lots and the location of the existing structures that a hardship exists um topographically um dimensionally um again the the proposed house that we're proposing is going to be as not increasing any non-conformities of the existing house actually um making them more conforming in terms of the setback we're never going to get away with the lack of Frontage we're never going to get away with the lack of area of the property um so a variance um you know could be an option and um um again it's it's the hardship issue and I think this property definitely has topographical hardships side hardships I mean um size hardships um the location of the existing structures um are non-conforming not even close to conforming and uh we're meeting all the set packs with exception of one and that's sh 6 ft off the property line whereas the existing house was about 2 ft off the property line so um the variance can certainly be entertained um and uh we'll go with the whatever the board's decision is on that are you satisfied with this so so I get the the definitely understand that where a little enforcement Provisions would constitute a substantial hardship and I'm almost there on the unique circumstances on to the solid consistency not the size but the shape of the lot or the topography I can see that the topography might conspire to um cause you to locate the house in a certain way but still getting to the the area issue and and the front tissue can I ask you of those three structures are all of them not abandoned that was a bad sentence have they been abandoned all three or two out of three I believe they're all I I can speak to that all three deplorable condition the one down closest to the water looks great from the outside but if you go in you can see the floor is just complete waves because it was built on concrete blocks and things like that and when they had the flood 2010 right was that the year 2010 just the water level came up and just ruined it so the outside looks great but on the inside I only go like you know a couple feet inside to put my fishing run what was the last time you used it to find use I mean I walked in you know put my fishing rod like the day of the eclipse so um but you can't use it per se you know you do it it's used as a storage building one section of it yeah and the other two you just haven't used it all oh you can't go down in them because part of me is thinking John that if any of these can satisfy the criteria of not having been abandoned then the applicant has a right to change extend or alter and have a house there uh right according to zoning and a right according to Board of Health and D Title 5 so if one could accept the argument that one of them is usable and could be rebuilt this board might be able to get to a place where we agree that what the applicant's trying to do in taking the two deplorable ones down and combining the law is bettering everything that it's not substantially derogating from the intent and purpose of the bylaw and I think when you have lake lots with no Frontage which is all over the place at Beaverbrook not Beaverbrook what's green needles green needles and that whole area almost none of those have Frontage so I think that uniqueness is that there's a pre-existing non-conforming structure that is still at least serviceable as a fishing lodge or fishing location and storage unit um that has no Frontage and so I think that gets you past the frontage problem if I need to okay but I think I I mean we can close the hearing then deliberate the other question I had is are there any facilities in the three exis septic yeah um I believe there is a Cess pool for each one of them okay I don't know know 30 was 30 and 28 were built in 1930 and the 26 the one closest to the water but you know down at the bottom was built in 1960 um what they did you know I D out but so a tight tank is probably a more a better protection for the for the lake without a doubt yeah this just Define what a Time fact is is exactly what it sounds like it's just a big concrete structure that holds all the e it doesn't seep into the ground doesn't permeate into the ground the only um problem is and they use these a lot down on the cape and stuff when you're close to the water um it just has to be pumped more often than a normal setic thing L well depending on the use obviously but um in terms of um environmental it's a self-contained unit what can do Board of Health allow the typ we ready to close anybody move okay you move to close R moves to close and second second Jonathan second okay um John Su has been unusually quiet tonight so I'm going to go to you first well I B questions earlier um so there were a couple issues that have been brought up and I was concerned about you know parking and so forth and and that question was answered to my acceptance um I know there someone also has bought a question of visibility to the lake and I think tearing down the three buildings and building the new one improves everybody's overall Outlook toward the lake he's not looking over a shack that's about to fall down I think to the I'm not sure which direction that is but 24 faces the lake and this side view which is the side door will lose a little bit of of view of the lake because the new house comes down further than the one you know highest up whatever that lot there lots to be so they'll lose a little bit of view there but overall I don't think that's a big deal I think you've got a great view with the especially with the other two houses missing and the all the trash sitting in that area um I was one of the things that struck me when I was looking at it and looking at the rer ways and stuff and going yeah it's nice to put on a plan of 6 foot right away but most of where the rway runs is not doesn't look like it's really act you know you can actually walk down it you try to go down those right away so I think you'd get hurt yourself um so you know I'm happy you know satisfied with their their need um I'm a little concerned of you know whether we should you know do it as a variance so that we cover all the bases in case someone comes up you know heard the comment about combining the three lots and therefore you lose your your ability to just make a change and then with solve you know a future having to come back and do it again um you know I think it's it's the overall project is a great Improvement for the area um and it's a uh you know to me that makes sense I am kind of surprised I didn't realize Lane I'm just looking at the plan on on Google where I can actually see the property lines and sure enough it it doesn't run down the property lines I'm it just dips right in people own the whole Road and feet on the other side of the road as a side note and just because it's interesting information Cricut laade actually takes a split before it comes to this house and I represented a client on the other side of the split who was trying to use Cricut Lane for Frontage to do subdivision over there and we had a long history and battle in this town of saying which part of Cricket Lane is the recognized public and private way so cric Lane's kind of a funny little Street there it's also got a very funny numbering system yeah and the other thing that's interesting is that lady I just saw it tonight but lady gemed says she's also got a write over Hazard way to the lake and I don't think Hazard way is anywhere near this is it so that's an interesting call out in that deed whoever whatever that deed goes back to somebody way back then made a mistake in calling it Hazard way not cricked Lane anyway that's neither here or there um that was John Su okay let me go to Rod de you've been quiet tonight okay uh I think that you can make the argument that they're rebuilding that one house uh you know as far as whether it's a variance or not and whether the lots are combined or not and the fact that the other two coming down is I think a bonus also as far as the hardship goes the way the L um the lots and everything are they don't have Frontage they just have an access and that I think is a hardship as well to try to build in this property and it might be nice if the if you know once they finish building the house they cleared that pathway down to the beach or whatever to to the lake how about sure um so I I do see um the hardship with it uh the elevation change having visited the site looking at the plans uh the proposed location being kind of overlapping with the previous home uh slight you know there's an extension to it but I think it's done in a way that obstructs the least amount of the view for putting something on the property um I think it is worthwhile for the um the conditions that were mentioned uh as far as um any approval I think cleaning up the site is going to be beneficial uh not just for the the view of any of the neighbors but also for uh any kind of conservation impact of those falling into the water uh I mean the the roof is completely gone on one of them the other one has no doors or window I mean it's they're ready to to come down and I think as as long as the applicants I mean were not uh ruling on this or making any decision but as long as they're aware that if that uh right of ways is changed that there's risk associated with that I I would I would go with the and John um well I go back to one Mr Vance's observation about the building plans um it it it mentions Ranch but it looks like a cape and there's only one floor plan so I'm and and I'm I know that it's it's on the design FL LED as two bedrooms so I I think that um at the building permit stage um the plans would have to be better defined to make sure that it is a range with the ground floor at the front elevation and the second I mean the basement as being the the lower level there is a the other plans did show a second uh floor plan I believe the the basement I think my comment from before still stands you know those windows on the second level do appear window second floor or something um but we asked about it and they did say there's no second floor I think you could condition the variance on that because what you have is a tight lot and the ability to condition this variance so that we don't get a height that's going to be more obstructing of the view than what was presented here tonight which is what we're passing on that's a fairly tall Ro a 122 pitch so there's definitely room underneath that for a second floor um but it doesn't if it's a 121 12 pitch and you said it satisfies the zoning height requirement does that mean from grade to the ridge line is the 32t at least that's on the front pardon me that that's 1212 pitch on the front a shed dorm on the back there's a an elevation the shed dorm would be facing the link yes I don't think then that we can do anything about the height because as he presented they were already at the building height limitation so we don't need to pass on that because he can't go any higher okay whether it's a cape or or a wrench I guess it doesn't matter he's got to steep on I guess the only other part on that second one would be the question I do see the stairs that would get out of the basement and again there's no stairs going up to a second floor it's just the one flight going down if they created second floor living space within that roof pitch actually if that's C modular or those trusses Mr mesp those trusses I haven't inquired about that okay if they do if they do finish it on the interior that's subject to a building permit and the Board of Health permit so it's not ours either okay it's a Titan yeah that's constraining the number of bedrooms okay and I think it's got a two-bedroom deed restriction that has to be recorded record okay um I don't have anything more or less to add I I think the board did a really good job of understanding it all I I was leaning toward um special permit only because we don't have to work so hard to get to the variance criteria but I do agree with both of you that once you combine the Lots you got a whole new lot going on and I think we're safer to call it a variance and I think this it's there the hardships there in in multiple different ways you know from the size of lot to distances away from lot Topography is you know it was tough just walking down from where I parked the car to go down into the middle of the lot yeah okay and then um I'll take a motion anybody want to try it uh can motion to take a vot grant a variance okay uh yeah I move to uh make a motion to Grant a variance have paper pursuant to pursuant to need I think he was at 17310 that's why I was looking for that P with the the should I go back to the first 173 173 that's all right I'll go back to the first page here that has those notes may be on the agenda 173 6b2 is a variance 73 6b2 is a variance I'm I think he wrote that as a special permit the special permit is 17310 y okay so I make a motion to approve a variance under section or would it be under yeah yeah to Grant a variance under Section 173-b 2 and then allow construction of and allow construction of the should I put the conditions of the ranch style home proposed today in the plans uh reviewed by the planning board uh with the conditions of uh the ranch style is presented with height restriction to be that just doesn't obstruct The View well we G to just say we're going to say pursuant to the plans because it's up to the building inspector relative to the height restriction we're not going to add that and pursuant to the plans means um we're not saying not obstruct The View because it will in fact obstruct the view to the right of as you look down toward the lake as you look down toward the lake but not the left so rather than not obstruct The View no more obstruction of view than shown on the plans okay fair yes and then [Music] um we said also I wanted to get in there wait um and not to block the access on any of the ements shown on the plan do we list the uh non-conformities not on WE list the hardship criteria which you've all given me and I've taken notes on but thank you um second I I got to write this not to Greater obstruction of view than is shown and not to to block any of the easements shown on the presentation plans and I think I want to say and um provided the three lots are combined to form one buildable lot yes right yes do that makees sense anyone else okay anybody want a second second second third too late Jonathan and then I I don't know where I'm writing things Jonathan and then rod okay all in favor signify by saying I I all oppos hearing none the motion passes and the grant of variance is made you know that there's a 20-day appeal varer thank you thank you very I just got a text from Susan Gail's aw is she all right yeah thank yeah we don't need that kind of want your I move CL second please that was to close all those in favor I oppos None