it's 7:00 and I will call the Manchester zoning board of appeals to order on Wednesday July 17 we will be beginning with the 16 loading Place Road which was continue from June without any discussion so George is a new member on the board but since there was no discussion it's not an issue okay um I move to open the continued public hearing for the application of luk verbist for a special permit under sections 5.3 6.3 7.2 and 12.5 with the zoning bylaw and other relief as may be necessary to add about 900 square feet to the footprint of a non-conforming residential structure and to add dormant to expand the second floor the existing structure which encroaches to the side set that at 16 loading Place road cessor map number 37 Lot number 49 in District A5 with the town clerk on May 13 2024 do I have a second a second Sean second all in favor opening the public hearing uh with that uh Mr Brooker are you going to present present the application on behalf of the a yes please yeah my name is Ren Co Brer I'm Brer design LLC in town and in charge of the design here the owners here L and Rob are here as well and um so we had a meeting yesterday the site visit uh number of you were in attendance there um and he started off with explaining uh how large the site is how long the site is essentially and Al a far really is the house from the neighbors and I think that's a large part of why we would like to apply for the special permit um if you see here this is the access point off of uh loading Place Road and long driveway over here to the house and then the the Border or The sidey Yards extend even further so the house is really pretty much cited almost halfway in the length of the site itself um it is non-conforming in the area that I've highlighted in yellow here uh it's not conforming in the side yard setback uh and uh majority of the house sits uh within the building as well um so the project really is to expand the house uh by height and also by square footage and uh the majority of that expansion actually falls well within the side yard setback So within the building envelope and uh but we are also requesting for a small area to be expanded on the second floor in the non-conforming section that's why we're here uh have we not as for that then our expansions of the of the house itself the larger part of the house we wouldn't have so uh the the house itself right now uh it's doesn't necessarily suit the owner's uh requirements and uh it's it has low ceiling Heights um they would like to expand the house and make it a better energy efficient home and um and do some more interesting things on the inside but along with that expansion came our request to I have two Dormers and that's in this area right here on top of the existing Garage in that case there's uh on that garage is a ridge height there that we are not asking to elevate further so the overall height of the non-forming section of the building will stay the same it's so we're just adding asking for additional um head height if you will for those ders and uh then the additional areas that were EXP expanding uh are also in yellow here those are actually on story expansions the side of the house really the main Ridge of the house is here that will go up roughly 3 feet not 2 foot six like I said yesterday I check the plans and it's roughly 3 feet we're still under the requirement of 35t maximum height we're around 33' three I believe that lands uh 2.0 and so feel that um the request for additional height in that area is uh not to any detriment to any neighbors very few people can see the house certainly now that the trees are up uh very few people can actually really notice what we'd be doing there uh and when the leaves are down there's really only three houses and they're quite far away away and we feel there's no absolutely no impact on them um and so that's why we feel this expansion is is okay am I correct that the a butter um the side um the which encroaching into the setback is conservation land that's correct yeah so for people who weren't at the site visit you couldn't see yet I'm looking at a map right now I can't um G any questions so you have room labeled as a guest Suite is is the is the application simply just to add dormans in an not deforming location or is this also to create a two family house uh no the guest Suite is really just for literally what it's what is meant to be a guest Suite so a bedroom a bathroom and a closet it is not a guest unit or uh or addition so there won't be any cooking devices that's correct no second means of erress lock doors no nothing else on the planes we don't know about I don't think so it's going to be added in the future well I you know I can't speak for what happens after the renovations but you know our our plans indicate what the intention is okay very good joh uh no questions is there any member of the public in the room who would like to be heard on this application is there any member of the public on Zoom who would like to be heard if so please raise your hand in Zoom so you can be recognized I see no hands raised so are we ready to close the public he I whoops did you have something TR no I just acknowledged you okay I move to close the public hearing and enter into deliberations with respect to the application do I have a second second Georgia second vote Georgia I they vote to issue the special perit no sorry say you're putting me on the spot you voting to close the public hearing yes I I vote to close the public approv yes okay now I'll make a motion there we go well first I'll say say we should have deliberation so what's the feeling of the board on the application are there any concerns no I mean living in that area excuse me those up my voice there's you can't even see the house no I mean they're just you know building up in a structure that already exists I'm fine with it I was going they are going up but it's within the bylaw height restrictions granite's non-conforming but they're not even increasing the height on the non-conforming part so well I think usually we're concerned about increased mass in a non-conforming structure if it's close to another house but because it's a Bunning conservation is exactly this lot is so so large I don't think it's right going to be detrimental to anything okay with that I'll make a motion I move to approve the application of Luke verbus for a special permit under sections 5.3 6.3 7.2 and 12.5 was zoning bylaw and other relief as may be necessary at load 16 loading Place road assesses map number 37 Lot number 49 in District a filed with the town clerk on March 13 May 13 2024 based on a finding the addition to the footprint of the structure an addition of Dormers to expand the second floor is in harmony with the purpose and and intent of the bylaw will not substantially will not be substantially more detrimental or injurious to the neighborhood in which it is located than the existing non-conforming structure and the requirements and conditions under section 12.5.2 of the zoning bylaw for the grant of a special permit have been met based on the condition the construction project which includes approxim 900 square foot of additional footprint and additional and two Dormers to expand the second floor of the existing structure which encroaches into the side setback um proceed substantially in accordance with the following plans prepared by Brooker design LLC dated May 2nd 2024 T 1.0 proposed site plan C 1.0 existing property survey a 1.1 proposed first floor plan a 1.2 proposed second floor plan a 2.0 proposed elevation a a 2.1 proposed elevation and sections do I have a second second sh seconds you ready to vote Rob yes Sean approved Georgia yes John yes SAR yes um would anybody like to I can do okay thank you WR who would like to review it I'll review it I will review it okay job boys okay you're all set great it within 90 days and there's a 20-day appeal period we'll try to be F have to wait now going to move to the 39 Kulu Point Avenue I move to open the public hearing for the application of David and Martha Swift for a special permit under sections 2.0 4.2 and 12.5 in zoning bylaw and our other relief has may be necessary to install an inground swing pool with Associated pool deck fence and Landscaping at 39 coolage Point Avenue assessor map number three Lot Number 27 and District e f with the town clerk on June 4 2024 do I have a second joh seconds vot to open the public hearing georia make a motion oh my God I'm sorry we're just voted I'm used to yeah yes open public hearing John Rob yes John yes s yes okay and you're going to present on behalf of the applicant yes good evening it's Bob Griffin we prepare the plans and here onf of David Mark we apologize for not being able to be here pretty straightforward project as many of you saw who attended the site visit yesterday the Swifts own and approximately 1 .7 acre parcel on poage point sort of long and narrow and uh the location of the pool is really behind the house so it really would be barely visible from coolage Point Avenue as you drive along the dash line on this plan represents the accessory structure setback requirement and you can see that the pool is going to be 32 ft away from the lot line as compared to a 15ot requirement so it's significantly fer than is necessary the have engaged McMullan the landscape architect to prepar a landscaping plan we noticed at our site walk yesterday that there are a couple of trees in the pool patio area that will be removed for the project but Mr McMullan has designed uh new screening to be placed between the U adjacent property at 39 37 43 Point Road to provide screening from from that direction and again the house and the existing structures provide enough screening from this side and be consistent with the Landscaping at the property in general Journey so it will be well you know well screened from the neighborhood and from the neighbors uh we don't require a whole lot of grading changes for this project it's uh pretty flat back in that area right now the pool is a pre-fabricated unit it's 16 ft by 40 ft it will be brought in by truck and placed in a hole and then the blue stone patio surrounding the pool will be installed the pool deck is approxim 18800 Square ft it's not particularly large and the pool will be en circled with about 200 ft of fencing the 4ot tall fence around the entire area to provide security for the pool we meet all of the criteria listed in section 12.5.2 for pool structure to be installed at a residential location and of course i' be happy to addressing any questions Rob do you have any questions no so no not John just so you in case you don't remember this is a site where we approved a sports Fort not that okay which was next to the septic photograph here yeah that was a a trend a couple years ago yeah postco I remember this now um no I don't have any questions about the The Proposal I'll just you know uh add to make sure that any lighting is you know down lighting and within the requirements of you know typical po projects no liting thank you I don't have any questions um is there any member of the public in the room who wishes to speak on this application um is there any member of the public on Zoom who would like to speak on this application if so please raise your hand in Zoom so you can be recognized don't see any so what's the bo oh wait a minute public I move to close the public hearing and enter into deliberations with respect to the application do I have a second John second voting on closing prop Rob yes John yes John yes J there okay what are the thoughts of the board on dis do I have no issues with it I don't have any problems with it that I will make a motion I move to approve the application of David and Martha Swift for a special permit under sections 2.0 4.2 and 12.5 of the zoning bylaw and other relief is may be necessary to install a 16t by 40 foot inground swimming pool with Associated pool deck fence and Landscaping at 39 coolage Point Avenue cessor map number three Lot Number 27 in District e f with the town clerk June 4th 2024 based on a finding that the proposed project to install a 16 by4 foot inground swimming pool with an 1800 square foot blue stone pool deck surrounded by a 4- foot high fence and Associated Landscaping is in harmony with the purpose and intent of the bylaw will not be substantially more detrimental Al or injurious to the neighborhood in which it is located and the requirements and conditions under section 12.5.2 of the zoning bylaw for the grant of a special permit have been met based on the following conditions the pool blue blue stone pool deck patio and fence are cited as depicted on the plot plan for zbaa application prepared by Griffin Engineering Group LLC dated May 28th 2024 the pool and pool deck patio are enclosed by a fence at least 4 feet high which conforms with the Manchester zoning bylaw Manchester General bylaw and Massachusetts building po the pool may contain interior low-level LED lighting but no additional exterior lighting that's in case they changed the mind um Landscaping shall be installed substantially as depicted in the landscape plan created by Tomic McMullen landscape architect ASLA revision dated 5224 do I have a second a second Sean second ready vote BR yes Sean John approved Geor yes thank you all very much who wants to write this we can write this in the next one too okay since I missed last month's meeting okay I'll R it if you want or you want should I was gonna say I'm happy to riew then she'll get to see the decision yeah okay good okay the next application is for 39 Walker Road um I move to open the public hearing for the application of environmental pools Inc on behalf of Laura gar for a special permit under sections 2.0 4.2 and 12.5 of the zoning bylaw and other relief as may be necessary to install an inground dunite swimming pool and spa with perious patio surrounded by a 4 foot high black aluminum fence at 39 Walker Road assessor map number 32 Lot number 39 in District a found with a town fler on June 17 202 do I have a second to open the public second yes is there somebody on Zoom who is going to present this application uh yes uh my name is Cory Everly with environmental pools okay so we are looking to uh install a 16 by 36 in ground gunite pool um on the side and rear of the lot along with a 6x6 raised hot tub uh the pool is going to have the automatic uh safety cover as well as a thermal tie down cover on the hot tub for late season use can you clarify whether the fool is 16 by 36 or 16 by 32 the survey shows 16 by 32 ever with us can you yeah can you hear me oh yeah sorry we lost I apologize I was looking at the wrong plan and older plane yeah it is 16 by 32 okay great yep and the hot tub will be 6 by6 rais so um we're looking at adding about, 1300 square feet of uh imper or permeable P um to the project so the whole patio out back will be close to 2,000 square feet around the pool uh spa and connecting back to the rear of the house and then um the backyard I believe is you met with John yesterday from my office is relatively flat backyard so there'll be no walls or anything like that just standard landscape plan uh again with the fence to surround the perimeter we were led to believe that there might be up to a two foot Boulder retaining wall out a portion behind the pool I'd like to I'd like to if we can grade essentially grade but uh if needed we will have to do some sort of Boulder wall yep okay Rob any questions no questions no questions I actually I do have a question so if you don't it looks like the fencing is only on three sides and the bould wall kind of acts as that that for side of the the fencing so if you don't need the boulder Waller the gradient can accommodate to meet level do you anticipate adding a fence uh we'd be using the existing fence okay so the fence is going [Music] from the existing fence on the property line and then is going to tie into the house in the in the front corner okay and the and the rear beyond the existing patio and connects into the house correct okay any M member of the public in the room wish to speak in this application any member of the public on Zoom would to speak on this application if so please raise your hand in Zoom No Hands arest um with that I will move to close the public public hearing and have the board enter into deliberations with respect to the application do I have a second second John second quot to close the public hearing Rob yes Sean yes John yes Georgia yes Sarah what's the board's thoughts on this application no concerns same for me um I mean the defense goes to the house uh you are planning on alarming the windows and the doors that lead out to the pool correct is that required with the automatic pool cover yes it is okay yeah then yeah then we'll be um using the door alarms on the doors and windows okay and those will be you listed yep exactly okay anything else okay didn't need to leave my that time with that I I move to approve the application of environmental pools Inc on behalf of Lor gar for a special permit under sections 2.0 4.2 and 12.5 of the zoning bylaw and or other relief as may be necessary to install a 16t by 32t inground gunite swimming pool PO with a pervious PA patio and a 6ot by 6t Ray Spa surrounded by a 4 foot high black aluminum fence at 39 Walker Road assessors mapped number 32 Lot number 39 in District a Fab with the town clerk on June 17 2024 based on a finding that the proposed project to install the ingr gunite swimming pool with a pervious paver patio and Spa surrounded by a 4ot high black aluminum fence is in harmony with the purpose and intent of the bylaw will not be substantially more detrimental or injurious to the neighborhood in which it is located and the requirements and conditions under section 12.5.2 of the zoning bylaw the grant of a special permit have been met based on the following conditions the pool prvious patio spa and fence are cited as depicted on the proposed swimming pool plan prepared by donu donaho survey Inc dated June 13 2024 The Pool Spa and Patio are enclosed by a fence at least four feet high with self locking Gates connecting to an existing fence on the property line and the corners of the existing resid resents and alarmed entrances from the house entering into the area which conforms with the Manchester zoning bylaw Manchester General bylaw and the Massachusetts building building po the pool may contain interior low level LED lighting of up to four lumens per square foot of full surface no additional exterior lighting shall be installed and um the pool will um will contain an automatic um cover um so if the building inspector determines the alarms are not required with an automatic cover um then they would not be required I have a second second jge seconds V Rob yes John approved John approved yes John's GNA rate this one I'll Rite this one you okay that is all the applications we have tonight um good news is we have no applications for August so we will not be meeting in August um get a month off has that ever happened before yeah um not very often but it always seems to be August when we don't get an application yeah people on summer Moon um now our our newest alternate member or associate member I think it's the technical name um discovered that she has a conflict with the third Wednesday of the month after she accepted the appointment so I'm suggesting that for the September and October meetings we meet the fourth Wednesday of the month which would be September 25th and October 24 um we'll have to meet on the 3D Wednesday for November and December because of the holiday schedule we don't want to meet the baby for I don't want to meet the B okay um we did not receive the minutes for May 15 so there's no minutes to review um I believe we have dis decisions outstand all the decisions from May and June are outstand standing and we need the minutes in order to write those decisions so you have any sense when we're going to receive those minutes Gale we talked about um finishing the minutes for Doyle and um May and June will come pretty quickly because I'm running out of time on 90 School Street okay I will get 90 School Street to you yeah that was May and so we're getting we're getting towards the 90-day deadline I will get that to you next week okay um the other thing that didn't get on this agenda which needs to be on the September agenda is to um appoint a chair we'll reappoint a chair as it may be but it's not on the agenda so I don't think it's appropriate so I will graciously continue to do it um anything else people have uh any update with the 40b oh yeah I can I can let you know what's going on with piep so all of the briefs so the HAC concluded its evidentiary hearing yeah all of the briefs um have been submitted by Town Council the council for the intervenor Manchester Essex conservation trust and by the applicant so everything is with h HC and has been with HAC since I think it was they kept having to extend things because one of the attorneys was ill I believe it was filed the end of May or first week in June um it's my and so now it's with the HAC um it's my understanding they're not necessarily on a fast track um so we're not expecting to really hear from them until 2025 yeah that's kind of how it's been okay what their history's been but who knows um I don't know what their volume volumes but I know it took him three years to issue one so okay thank you anything else with that I'll take a motion to adjourn make a motion John moves second second around seconds wrote to a j Rob yes Sean yes Georgia yes John yes Sarah thank you all thank you who is me 16