##VIDEO ID:O34XQYXeN7w## 14 on Wednesday January 22nd 2025 I will call the zoning board of appeals um meeting to order I have with me in the room um Rob Scott Georgia pendas Diane linquist Sean's on myself Sarah melish um and then B is on from the planning board Su Philbert is here so you will be participating tonight I will um okay the first application up tonight is um 23 Old Neck Road to get on we need to admit that yeah sorry to interrupt you I can only do it from the screen you want me to do it yeah up in there should be Kelly his name okay yeah thank you we don't usually have a waiting room yes but it says we're muted yeah bottom left no I think that's okay fine thank you okay yeah you prob want video on yeah Zoom is unavailable to camera no we it's not from the screen it's from his way okay he doesn't have audio or video you have video okay thank you oh there we go is the audio o on AUD is good thank you okay um first application up is 23 Old Neck Road um I move to open the public hearing for the application of Joe Cunningham working through LLC for a special permit under Section 7.2 12.5 of the zoning bylaw and other relief as may be necessary to raise a non-conforming residential structure and construct a conforming single family dwelling and accessory garage structure on a non-conforming lot at 23 Old Neck Road cessor map number 13 Lot number 32 in District e f with the town clerk on December 16th 2024 do I have a second to open the meeting second Diane second roll call vote Rob yes Georgia yes Diane yes Johan yes um for the members of the board um 23 Old Neck Road um we heard we issued a special permit um back on December 20th of 2023 um which was to raise the structure but it was a different plan so now it's a different owner and um they're back um before so who's going to present this application Brian Stein from vanin thank you um you want me to stand or sit or you you can do you don't need to stand okay um yeah so thank thank you madam chair um as you said uh this is a new design from what we proposed a little over a year ago um the main difference is you know the house is slightly larger it's in a very similar spot to the previous proposed and the current house this one will be completely conforming two setbacks and height um the main difference is this house where we have the garage located the previous scheme had a garage kind of towards the front of the property connected to the house um this one is a carriage house that is separate from the house and not connected and it will have a you know a room above um that also will meet you know the accessory structure height and everything so um two separate structures um main reason we're here is for that um given it's a an undersized lot uh for zoning and that the house is you know slightly larger than larger than the current house the proposed design it will be shingled very traditional home full structures uh the height is similar to what is there now those of you that know the site and were there up Saturday the current house sits up kind of on the highest part of the site as does the new one uh so the heights are actually very similar within about a foot of each other a little less um so we uh meet all other requirements lot coverage so um so be happy to answer questions that you have Rob I have questions I guess I have a couple of questions slash concerns um it looks to me like the coverage by structures is about 5,000 square feet I'm assuming that's the garage and the residential structure correct and then the total cover is all the way up to 9500 correct with a lot of that is the existing driveway um that feads two other houses in the back along with um a patio in the back the parking Court driveway you know around the housing garage is going to be perous but yes we come in just under is there any way you consider making that PTY on the back perious Jo gun the hi um it I mean blue stone pervious no um typically it would be um well depends how you said it if you have slightly wider joints with like you know small pieces of gravel and um I mean I wouldn't love to do that but if that's something that's required then that could be done um I think the other concern is the closeness of the garage to the primary structure and the fact that the garage is using the setback allowed for accessory structure rather than a primary structure and I would want to make sure down the road that the property owner does not come back and attach the primary structure in the garage because it looks like it's only a few feet um and so I would like to make that a condition of the special permit yes that would be fun I have no intention on connecting it okay we've just had two recently which were garages yes and and they're being attached and so it's and this is a new structure those were older structures um okay is there any member of the public in the room wishes to be heard on this application yes sir please state your name and address sure John judge at 24 old neck so I'm I'm kind of a cross and up up the hill a little bit um so one of my questions was Square footage we we were told that the initial home was just over 3,000 ft but now you're saying the total residential yearly is 5,000 so yes the house itself is just under five the house alone is under 5,000 the because the current house is 2 26 something like that maybe yeah okay that just that seems like a very big jum jump that a lot that size wait I'm sorry the the plan says proposed new volume 2,688 no oh yeah sorry it's on it's on here the the actual Square so which one is I think we should clarify which one is correct because with the so proposed new dwelling 2,668 and then the garage is 1,64 so yeah the total the total square footage is 4920 for the house that's first second floor okay yep the garage is, y again and that's yeah that's um the garage itself the the whole structure is the 17 first and second floor because the second floor is within the roof so it's not double the first Flor so the so the the house itself is 5,000 square ft just and then that there's a Carriage House apartment that's a th000 not apartment it's my background is in in real estate development it just seems like to be very high have you seen the picture of the no I haven't they haven't shared that with me can you show that to him I've SE I've seen the site plan but I haven't seen yeah and the reason that's the reason that's relevant is because it sits up pretty high on a block right now it's going to be a pretty imposing house you know I know it's I know it's the same height as the last one but this will be double the massing so I'm just I just want to make sure especially the others who are on the phone understand that this the size is is is pretty imposing yeah the whole thing is broken up by forch that wraps around right which does extend the foot brings the scale of it down so it's not just a sheer twostory wall um and it does have a it is a hip roof so if the roof goes back all sides so again it's not doesn't have a three story sides to it um which we we thought a lot about because it does sit up high you're right um and then you Carriage House is really just signal story space Here's a here's the elevations if you like to come up so those the exterior I think just you know I've got some of my neighbors on and some some of them are immediate but so they they can speak up but U with the house next door uh potentially going under renovation I mean this this house really sits uh you know it's it's non-conforming right now so the L is the the lot is yeah well the houses now this house will be conforming yes it will meet the setbacks it will meet the coverage and it will meet the height you still have an undiz slot right it should be two acres there something like that yeah oh yeah square feet yeah and it's um 38290 okay yeah so I just take a picture I'm just going to sign it for a couple people oh sure yeah again neighbors if you want to speak up I'll so if there's people on Zoom would like to speak with respect to this application please raise your hand yeah well this is Ken cavian I you know I did speak to um uh Mr Cunningham I can't see the photo so it's really hard to and I've not been able to see it so it's hard to really have a point of view um so is there any way to kind of put that up see this can I'll hold it up it's pretty light though unfortunately we have a challenge tonight because we can't get in as host into the meeting so we can't I I can't share something on the screen unfortunately it's on a version uh an account that I don't have access to and can I just ask again is the garage one or twostory it's one and a half I I see is there a living quarter in it or is it just for just garage the the second floor does have you know essentially a room living space what you know can you see that okay oh yeah that's helpful thank you yeah way do it yes so it's a it's a three car garage with a with a th feet above yep okay do you have any comments Mr Garian um look it it is on the large size for the lot um it looks like it would be very attractive which you know compared to what's there right now we we need something so I'm uh I go either way on that it I think we're you know all the previous owner cut down all of the green she cut down a tremend mendous amount of trees which was I think a lot of us are mourning so I think with the personally I think with the right uh restoration of green given how much um Hardscape and building you know it it would soften the size but that's I guess that's my one one thought there'll be plenty of landscaping and trees planted out we want to you know enhance the privacy of it and uh just my mother does these houses with me and she takes great care in the landscaping hardscaping and the Landscaping so so you don't have a landscape architect well no I mean we We Do It um we work with different people but we we do it all we've done you've seen some of the other house we've built in the area um we do a lot of I I saw the one off the School Street yes that one one off the hero on Haven white um there's a lot of a lot of landscaping so where is the concern about the lack of landscaping from the neighbors is it along the street or is it behind it or where's the concern I think to the perimeter you know um around the house uh we we um we have a shared driveway so obviously I think the new owner wouldn't want uh you know someone driving on that driveway to be staring at them so uh privacy screen green there and um uh you know I I think that would kind of make sense on the board on the perimeters of the property yes that will 100% be happen something so was that something you would work with the neighbors with uh I mean we could but I don't really want to be beholding to say I I want these but I mean yes I I talked with Ken and you know we would be open to suggestions absolutely we're not saying this is exactly how we're going to do it and we don't want any input I mean we'd be happy to I've spoken with them we I'd be happy to talk with them about it I yeah I I mean it's it's up to you and 10 but it just can't be a rooll out bities yeah yeah I mean it's you should look at Ken yard as an example I mean it's just amazing when landscape and you were talking about the hoods next door yeah it's got it's got to be quality yes no defitely is talk sorry chair I was just going to ask about drainage and and I realized you asked about um the surfaces being used but just there there's a lot of uh Flooding at that intersection right now so just given the density of the home has have you guys put any thought into that um not well yes but not in a plan there's there's a a 2,000 square foot parking area in front of the garage to the left of the house if you're facing it which is supposed to be perious yes that'll be Keystone so that that should help I would think towards the street yeah whoever buys it I will appreciate that yes and we we are not definitely going to stop be selling this house a family I'm from Manchester my aunt lives across the street from this house so we haven't made any decisions what we're doing with it is there anybody else on Zoom who would like to speak with respect to this application if so please unmute yourself see little hands raised let that other person that's in the waiting room in oh yeah yeah yeah we just let somebody in oh was that SV design okay by okay um anything else any more questions okay um then I move to close the public hearing and have the board enter into deliberations with respect to this application do I have a second second Diane seconds R call vote Rob yes Georgia yes Diane yes Sean yes s votes yes okay oh um so do we want to put in some type of condition with respect to Landscaping think so um and how would we like to word that appropriate landscaping or or how should we landscape screaming screening around the perimeter but I think All Season Landscaping is important too I okay you know it's not just weing summer landcaping we in full bloom something that's hearty in the winter or um Evergreens of some sort I mean Arbor bite but along the line of Arbor B something that's a bit more hearty okay it's hard to phrase that right now but so maybe we just put a condition of appropriate all all season landscape screaming screening around the perimeter yeah okay um the we've talked about the having in condition that no variance or special permit will be granted in the future to allow the garage to become attached to the primary structure people in agreement with that um now as you're aware our standard is will not be substantially more detrimental injurious and the question is is is the size of the house substantially more detrimental and it is meeting coverage it is it is meeting setbacks meeting height yeah I mean there's several very large houses in the area I mean to have another large house I don't it's not going to be out of the place I wouldn't think your thoughts I think it's attractive and it needs a set so the other thing we have is we have the um existing special permit um I here some place issued on December 20th 2023 which will not last apps until December 20th 2026 it's 3 years um and that special permit did include a pool and a spa so I'm suggesting that we put in a condition and my suggested wording that people can feel free to change it was to say this special permit shall supersede the special permit granted on December 20th 2023 and the special permit granted on December 20th 2023 shall lapse upon the granting of this special permit so then if the homeowner wanted to do a pool they would have to do a new application just so that it's not confusion what else did we want to talk about I think it sounded like maybe the blue stone keeping what you guys are proposing seems best for the yes I mean I that's prefer to knowing the driveway is going to be pervious just the parking area there's a large parking asphalt driveway that goes up to the neighbor's house that's an area that's existing we could touch that so the new driveway is going to be owner okay so to me in my personal opinion that kind of Trades off the impervious patio and that and the impervious is the higher section of the lot of yes so are we okay are you okay and moveed to approve the application of Joe Cunningham Wrecking Crew LLC for a special permit under sections 7.2 and 12.5 of the zoning bylaw and other relief as may be necessary to raise an existing non-conforming single family dwelling and construct a conforming single family dwelling and conforming accessory Garage on a non-conforming lot at 23 Old Neck Road assessor map number 13 Lot number 32 in District e b with the town clerk on December 16 2024 based on a finding the proposed project to construct a new conforming single family dwelling and conforming unattached or I should say detached accessory Garage on a nonconforming LW 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 than the existing non-conforming single family dwelling and the 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 new dwelling and accessory garage structure shall be located as depicted on the proposed layout c101 prepared by Vance Stein architecture dated December 12th 2024 based on the site plan prepared by DC MC Richie LLC since the proposed garage is located to conform with the accessory structure setback and not the primary structure setback no variance Andor special permit shall be granted in the future to allow the garage to become attached to the primary structure the project shall be constructed substantially in accordance with the plans prepared by vanin architecture dated December 11 20124 a101 first floor plan a102 second floor plan a20 a20 1 and a202 um exter elevation this special permit shall supersede the special permit granted on December 20th 2023 and the special permit granted on December 20th 2023 shall lapse upon the granting of this special permit all SE appropriate all SE all seas and landscapes screening shall be um in installed around the perimeter any discussion no I need a second second George a second any discussion um the only thing I would ask is that um the label on this plot plan is incorrect okay if you can send it electronically one would just doesn't this says second floor plan which one oh that the plot plan says second floor plan yeah if that can just be changed just so that we can attach it to the decision okay we're ready to vote Yes Yes Dian yes John yes about just um anybody like to write this okay who would like to review it Rob will review it okay thank you thanks for coming thank you very much conations cleared out the room quickly yeah that's something we said so now we're going to move on to the application of seven Highwood Road um we heard this application in November this meeting and this is oh we did say yes this is a separate okay a separate application okay um I mooved open the public hearing for the application of Lynn Marshall for a special permit under Section 7.2 and 12.5 of zoning bylaw and other relief as may be necessary to alter a non-conforming residential dwelling at seven Highwood Road assesses map number 29 Lot number 32 in District a Fed with the town clerk on December 16th 2024 do I have a second to open the meeting second Diane roll call vote Rob georia Diane yes Sean yes SAR um so in November we granted a variance for connecting the house to the garage okay so that's not under discussion tonight at all um what we are discussing tonight is the fact that they it's a non-conforming structure because it is in the setback and they're putting enlarging it the main structure or the the okay yeah so so we're what we're discussing tonight is the expansion of the non-con conforming structure um so is there somebody on Zoom who's going to present this application yes uh good evening my name is Tobin Schulman from SV design uh here to discuss the application okay may I share my screen no okay hold on okay terrific fantastic great and folks see my screen yes very good so um this this application is as uh chairperson mentioned is the same application that was submitted um previously uh there's there's no change in the in the documents uh that's being presented however um when we were here before you in November we had not requested the special permit um for the expansion and so obviously it hadn't been requested and couldn't be discussed or reviewed so um zooming in here the non-conformity of the existing house uh is is this triangular piece everybody see that so the setback line is here this little triangle is what's over that setback line um our proposed additions are in the rear and to the side of the house they do conform um to the setback uh and we're under all of the requirements in terms of um lock coverage um perious surface impervious surface Etc um in addition uh we are in the flood control Zone um and so we requested and submitt submitted a study by Meridian Associates um regarding the proposed drainage for those improvements which they um in their professional opinion determined to be di Minimus with respect to storm water runoff um so the board has that as well um again because you've had this before I'm happy to run through the drawings or if it's easier just to address questions I'm happy to go that route as well of the um pieces of information I could not glean from the documents that were submitted is the for the additions you're adding what is the total amount of additional [Music] footprint uh just a moment I believe I C I don't have that number in front of me I should be able to do a take off of that if you can just give me one moment sure tried to do so the footprint of the living area let's call it 530 Square ft because my measure is approximate and then oh I apologize there is a covered uh porch at the rear of the home here that is another 180 Square ft and then the um connection we don't want the connection to the garage never [Laughter] mind which I'm just concerned about these the addition now yes understood so um about 7 20 ft of footprint Rob do you have questions no no question kind of confused figuring out what the changes are yeah seems to be pretty minimal right that's why I wanted the square footage under under a thousand square um Sean do you have any questions um I just have one on the um proposed uh first floor plan yes you should a countertop space for the grill but there's nothing outside or on the it shows any kind of decking or anything out there to accomodate a grill is there going to be something there on the plant a patio space out there or something you mean you talking about the kitchen his growing um proposed first schol of planing has a countertop outside is that going to be under the the proposed porge um so no that's that's um just auxiliary space outside uh for uh to hand something out the window essentially there's no uh the patio the patio space is is here so the grill would be somewhere in the patio but that's a countertop for someone to pass something out of the window yes exactly okay no I guess um is there any me of the public on Zoom who would like to ask speak on this application if so please unmute yourself and speak I can't see we find out with the chat messages Could you um could you close down your sharing yes of course you a while no hands raised what time okay good thanks Sayan okay so we're ready for me to close the public hearing okay I move to close the public hearing and have the board enter into deliberations with respect to this application do I have a second second Diane seconds roll call vote Rob yes yes Diane yes Sean yes Sarah yes okay so do people feel feel that this addition of 720 s ft is not substantially more detrimental or injurious to the neighborhood I don't believe it is um I think that certainly the house existing house does not encroach very much into the setback and and that's as I recall that was a long the driveway um yep and the additions are not in the section so it's not like they're increasing the mass by going up in that section and the lot is almost double the requirement the lot size you know just understanding of where you know space they have in between their neighbors um I think it's appropriate as iall the one hous particular right we good I move to approve the application of Lind Marshall for a special permit under sections 7.2 and 12.5 of zoning byock and other relief as may be necessary to expand the footprint of an existing non-conforming residential dwelling by approximately 720 Square fet located in the flood control Zone um at seven Highwood Road assessor map number 29 Lot number 32 in District a filed with the town clerk on December 16 2024 based on a finding the proposed project to expand a non-conforming residential dwelling which encroaches into the side setb approximately 2.2 feet 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 than the existing non-conforming single family dwelling and the conditions under 12.5.2 of the zoning bylaw the grant of a special permit have been met based on the following conditions the additions are located as depicted on the proposed plan prepared by donaho survey Inc dated October 9th 2024 the residential dwelling editions and Renovations are constructed substantially in accordance with the plans prepared by SV design LLC dated 10:14 24 x1.1 x1.2 x 1.3 existing floor and roof plans X 2.1 x 2.2 existing elevations a 1.1 a 1.2 a 1.3 proposed floor and roof plans and a 2.1 a 2.2 proposed elevations do I have a second second three just seconds any discussion uh take a vote Rob yes Georgia yes Diane yes Sean yes s yes um so since I'm writing the variance on this property I'll write this one will you review it too yeah okay thank you thank you thank you very much appreciate all of your time yeah good night okay next item is to approve the minutes from November 20th 2024 do people have a chance to look at those yes I had one minor change um and I can email it too but the second page of the minutes okay first [Music] paragraph second to last sentence it says 323 Ocean Street I think it meant to say 323 summer streets and I just found that when I was reviewing the decision okay 323 Summer Street okay thank you that was a that I had anything else do I have a motion to approve the minutes from November 20th 2024 as amended no Motion joh makes a motion have a second second Rob seconds take a vote Rob yes Georgia yes John yes Sarah votes yes and I'm assuming di status of decisions I have 7 highw and 12 Boardman to do and I believe John has 19 Smith Point I haven't seen anybody seen 19 Smith Point okay I'll remind John that um Jim Dietrich resigned he doesn't want to do the ethics exam thank you for reminding me um and his term is up um June 30th of 2026 so we'll need to find a second associate to cover until then if we can um the only thing we have one application for February Seven Central Street so Seven Central Street has been before or is going before the planning board yeah because they're want to add three residential units and they're increasing the square footage so the planning board has to approve that we have to review it for the change of use in a non-conforming structure and the alteration of a non-conforming structure so that's what we'll be right looking at um and I haven't seen anything else and the cut off was Monday so anybody have anything else no do I have a motion to adjourn Dian moves to adjourn a second second joh seconds Rob yes Georgia yes Diane yes Sean Sarah yes than thank you the date in febru what what's the date in February are back are you back to the third Wednesday no we're fourth you're the fourth Wednesday so February um 26 just to keep things entertaining I ask we're the fourth Wednesday and every month except for November and December okay due the holiday got it because Diane had come you it's funny say my neighbor just