##VIDEO ID:eom1WHNtQKw## are we on yeah you're good oh okay sorry it's Wednesday October 23rd um 2024 and I will call the zoning board of appeals meeting to order at 7 pm um I'm the chair Sarah melish to my left is Shan Zan to his left is Diane linquist and to her left is Rob Scott and I have on Zoom Georgia Pendergast and John berys um and Sue filber is sitting in from the planning board um so what we'll do is I'll open the public hearing and then I'll ask you to speak on the application okay um I move to open the public hearing for the application of Carlos Delgado for a special permit under sections 5.3 7.2 and 12.5 the zoning bylaw and other relief as may be necessary to reconstruct an existing non-conforming residential structure which encroaches into the front setback adding a deck a small addition and expand the second floor at 21 Rockwood Heights Road assessor map number 32 Lot number 126 in District C filed with the town clerk on August 29 2024 do I have a second a second John seconds take a roll call vote Rob yes Sean yes um John yes Jo yes and Sarah yes okay um because we have six members present um five will be voting um John and Georgia who are on Zoom um Diane will not be voting but she'll participate in questions okay so we' received your application um we've received a lot of information and I think it would be helpful for you to explain to us exactly what you're doing and the setback encroachment normally when we get a plot plan the setbacks are drawn on it and one we received they're not so it's just a little confusing to us okay so if you could just explain what your trying to my understanding that you went before Conservation Commission yes and then you started building and then you found out you needed a building permit uh not quite that way okay I submitted my well my contractor submitted the um perit and for the record would you just state your name caros okay thank you as I was saying on my U contractor submitted the permit to um the building inspector okay I believe towards the end of March of this year yeah he received a correspondent saying that right now we needed an additional permit which was a dumpster permit which I I went pay for sure okay to my understanding I thought that once someone said this to me I thought that we were ready to to start the construction okay so that's what we did so the the middle of August I came to one find out that my my permit was not quite approved I have to stop construction okay that's what we're here okay so so we need to you know what we're concerned about is setbacks and height um and coverage okay we're not concerned about the issues that were before the Conservation Commission because that's completely separate from us okay so if you can just kind of explain what you're doing uh well the property right now there is an assistant corner of the property facing the house on the right hand side is only 17 ft that's the only area that doesn't conform with the setback that is mandated by and that's in the front set back correct towards okay okay but the other side they is okay yes that oh it's not the front no it's side corner facing the neighbor yeah so 17 oh okay the not the front the the footage 17 I'm not sure the side it's just one corn the house because the side setback is supposed to be 20 ft right and this okay that that particular right side right side corner which it meets the front and in the side is 17 ft okay so you you wrote it in under the front setback but you meant the side yes okay okay got it okay and normally we see properties before the original structure is torn down so you need to understand the changes you're making but in this situation I'm the I'm just the second floor I'm just the front the help SL this way I it up okay changing my name is can you speak a little louder Just A my name is Sten Mar I represent Carlos okay okay he's not changing the footprint at all okay yes and so 17 F not any l but did you go up yes okay so the issue is you've increased the mass in the set back because there's more building there than there was before well before there was a second floor there but which is the front of the house was SL down but the back of the house look and you're putting a deck on and an addition on but that's on the side that's not encroaching into any set correct yes okay so it's a non-conforming structure because it's encroaching into the side set back and I thought there was something to do with the second floor and that's what I don't understand he's increasing the height of the building okay okay oh yes yeah I did take a picture of that yeah right so you're so so where's the corner in the setback on on the other side okay but you're changing this roof line yes so this roof line is the same but this ACR okay sorry but the roof line is that high okay so it's almost like a Shad Dorma type of thing but it isn't exactly okay so do people understand that this is the before or the after this is the before okay did you see that Rob and so he's placing it like this this is the before and so he's bringing up the roof line here okay almost like a shed door sure and that's within the set BS yes the this is It's the far corner it's not this corner it's the back corner there that we don't see but the whole line is being raised um so I think that was the concern of the building inspector that because the roof is going up it's increasing the M the um the mass of the building in the setb plus it's a non-conforming stru um John do you have any questions no I don't I'll just you know point out that I noticed that the the the plot the the lot lines are are very um unique here you know so I understand the challenge of of trying to build within the you know the the requirements here so it's a unique uh you know plot plan so that's what I have to add thanks okay thanks Georgia I do have um just a couple questions on clarification on the square footage and I know it it may not be in the the non-conforming setback um so the application said 153 square feet of added square footage but the write up that was provided later on said 1687 square feet um I just want to make and the plan also did not explicitly call out every new square footage you know the retaining wall so I just wanted to make sure the plot plan matched what you guys had written in the narrative um and what stood out like the deck for example I think in the write up it said 344 377 square feet but then the plot plan showed you know the new deck was only 120 square F feet so I may be picky here but I just want to make sure the write up match the plot plan on the requested impervious right so we did receive an email this afternoon that probably did not go to the board because gaale sent it to me did she send it to everyone yeah I okay which says that imperious surface area calculations are retaining rock wall 66 Square ft composite deck 377 Square ft and perious pavers in the walkway of 164 square fet and pous pavers in the driveway of 1,080 square feet now that doesn't include the structure so I guess my I'll clarify my question and just ask the deck on the plan is 120 square feet and the deck in the right up is 377 so I was just wondering where that if the deck has been changed or I just want to make sure where that additional square footage is those measurement came from my my Architect no I and I may be again I may be being picky here because those that square footage is not in the non-conforming setback but I just want to make sure what you what what's being requested for impervious coverage on the application or the permit matches which what is on the plan so we have here is the deck on the first floor yes the house yes is on on the on the pr absolutely okay so we have a framing plan here and it shows something over it is there a second floor that sticks out over the first floor deck see this is what we have in the framing plan this is first floor so this is the deck but what's that is that second floor or no the thing is before this used to be a a porch so I didn't closed it and went all the way there so now this line This is the that's the end I believe that's the the this here so this open p okay now is so you Clos this in yes now where's the deck the deck is right here okay got it and so the deck is right here okay do we have Dimensions let's let's insect they but they don't have Dimensions 35 ft by 6 ft by 8 ft or 30 where's that's not the deck no the deck's over here I think there may be a little confusion too because there's two decks two decks I'm talking about the the deck that's in the rear of the house if you're looking at it that it's kind of an accessory deck but he said enclose that that's yeah that's enclose so he enclos that section on the rear the only deck is the one on the side and that's new oh okay I have that but I thought the deck on the left side of the home was being enclosed and getting an addition on the top and in the back of the home if you're looking at it there would be a small a 10 by 12 deck is what he was proposing okay got it all right does that make sense to people doublesided printing addition on the footprint of the existing deck right porch I think he said it was an existing porch that he enclosed deck and that's in the rear right but it's not so much over it which suggests a second store that's on it in the first floor he extended the back out over that Flor the existing we have um on the A1 we do have the existence which I think shows if you look at the second box down it it shows the exist decks and it doesn't have the deck on the side and look at A1 for existing yeah okay see this one over here that one I think that's the two the existing two depths on the back and that's what he's saying he's enclosed there you go that makes sense and then he's adding a deck on this side that doesn't show here because this is the existing conditions do you get that Rob I think so I'll tell you not the information we usually get it's confusing for us so on one um so this is the existing deck in the back okay and that's what he's enclosed I see okay and then he's adding a deck on this side okay and that's for that 120 square no the 377 37 oh the 377 is the deck new deck so where's the 120 coming from yeah so I saw in the plan if you look on the plan it says proposed deck 10 by 12 and then you know covered porch 4 by9 so I just one wondering how he calculated 300 yeah if you look at the plan that has the red and the green where he really highlighted the the added it does say proposed deck 10 by 12 so this was s this was all the original here right went out to here right yeah that show right that shows that new roof line that was on elevation calculating yeah the architect made an error I cated come to okay so it's a 10 by 12 new de yes got it thank you perfect that answers my question okay and so you're on A5 so people look at A5 that shows a new roof line and the increase in Mass um in bedroom number two and have you talked to the neighbor on that side yes I have does she have any concerns about the building that's being done the the contract he's very happy of what I'm doing I spoken with pretty much every all the neighbors around they all looking forward to one project getting rid of a redoing a house that wasn't in very good condition it was you you can see the house it was completely covered by and of stuff okay um Rob do you have any questions is this a single family or a multif family single family single F okay there's a note in here that refers to a demising wall and it's requiring a fire rating so is that just a general note or is there only the theing outside okay I don't have any other questions on and on the floor plan you showed an office and across from the office a waiting room yeah think that's uh so back there's going to be a dining room kitchen the family room okay so the waiting room is a family room the waiting room is like non family members because I don't want to bring someone comes to visit me okay I'm not going to bring all the way into the kitchen put there like a Alum but it's not a waiting room for the author no okay okay like a parlor what it's like a parlor yeah got it this office is not going to be for the public just for me to work at all okay um do you have any more questions Rob no Diane do you have any questions no Sean you're looking with puzzle yeah just no I think I'm okay um there's no members of the public in the room is there any member of the public on Zoom who wishes to be heard on this application if so please raise your hand in Zoom don't see anything only see one member of the public and they're not raising their hand okay are we ready for me to are we ready to close the public hearing yeah I keep looking at you music usually there's somebody sitting over there um I move the to close a public hearing and have the board enter into deliberations with respect to the application do I have a second I second John seconds take a roll call vote John yes GE yes Rob yes Sean yes and Sarah yes okay what are people's thoughts I can go first Sarah I'm okay with it okay thanks John I'll go second um I think it's an improvement to what's there now it's a minimal knowing it's non-conforming it doesn't seem like it's grously encro encroaching more than it is um and I'd be okay with it it's not a mega mansion um Rob what are your thoughts U the L is very very large and you know just increasing the volume of the house that's there by going up I I don't think it's going to be a detriment so I'm okay with it yeah I think I'm okay with it s thought Stan if I were voting I would vote in okay that's fine okay with that I'll make a motion I move to approve the application of Carlos Delgado for special permit under sections 5.3 7.2 and 12.5 of the zoning bylaw and other relief as may be necessary to reconstruct the existing non-conforming residential structure which encroaches into the S setb adding a deck small addition and expanding the second floor at 21 Rockwood Heights Road assessor map number 32 Lot number 26 in District c f with the town clerk on August 29th 2024 based on a finding the new deck addition and the second floor expansion are 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 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 conditions the construction project proceeds in accordance with the plot plan of land prepared by David P tanon PLS dated November 15 two of them um dated November 15th revised uh 2023 revised January 18th 2024 and substantially in accordance with the following plans prepared by seavoy Nolan Architects LLC dated April 88th 2024 um A1 existing conditions A2 proposed first FL plan A3 proposed second floor plan A4 proposed elevations A5 A6 A7 proposed sections we don't need to include the framing I don't think um do I have a second a second John seconds any discussion I'll go go to a vote John yes Georgia yes Rob yes John yes and Sarah votes yes and I will write it who would like to review it I can John will review it um we technically have 9 days we will I will attempt to do it more quickly than that um once it's filed with the town clerk there's then a 20-day right of appeal um the it's my understanding the building inspector will issue a building permit as soon as we file the decision with the Town Clerk and then you can proceed at your own risk before the appeal periods up if if you choose to do so thank you okay so all set thank you ladies and gentlemen thank you very much thank you this is my CES up thank you thank you thank you very much thank you thank you thank you good luck to you thanks okay we now move to administrative matters the August 28th meeting minutes I need some changes um so under the second paragraph it starts two additions and I said two additions are proposed um wait a minute let me find it two DED two DED additions are proposed one 15 feet by 36 feet for the Mason ceremonial room on the south facing wall of the existing structure by the sewer plant which will extend the existing encroachment into the setback an additional 15 fet okay that was that sentence and then I changed the next paragraph to say the other proposed addition for the town is 30 feet by 50 feet on the front west side of the existing structure the the addition an existing ceremonial room will become offices an activity room and a multi-purpose room for large meetings then I left the ra des and that's the only those are the two changes I made I just wanted to clarify the size of things and who addition was for whom okay so do I have a motion to approve the August 28th meeting minutes with my as amended make a motion John will make a motion do I have a second second any discussion okay so Georgia won't vote because she wasn't there um I'll take a vote John approved um John approved Rob approved Diane yes Sarah yes okay minutes are done um Gail am I correct that we have no outstanding decisions we're current good that's a record you're right John it is I I did the Mason's decision before the minutes were finalized um I think the appeal period's up real soon too it may already be up I don't know um is there anything else anybody wants to raise before we go into executive session when will we been Mo when are you thinking about moving the meeting site visits again oh for November so for November we have five applications they're not like the last um two are for variances to attach existing garage accessory structures that meet the setbacks to put a walkway to attach them to the main house so they need a varing because they don't meet the setback for the primary structure one is a swimming pool and then the other two are kind of miscellaneous special PRS okay so so we'll be moving the site visits to Saturday and I think we start them at 9:30 don't we that was correct is that okay with everyone that works for me okay um so we'll start that in November and then we carry that through whenever it starts getting light again because it's now getting dark about 5 o'clock yeah it's getting and then we have the time change November 3rd so oh it's late yeah so when is the date in November for meeting okay it is um it's the 20th the week before Thanksgiving 20th yeah the Wednesday the 20th and so the site visit would be on November 16th I see okay okay yeah I'm GNA have a conflict on the pl okay and then the December meeting will be on the 17th so the site visit will be on the 14th and Sarah you said those are at 9:30 yes is that okay yeah that's great sirar I'm sorry when's the December meeting uh December 18th yeah I'm not a morning person GE have that can we so so November we had to move what so November and December we we moved them to the third Wednesday because in November the fourth Wednesday is the day before Thanksgiving yeah and in December the fourth Wednesday is Christmas Eve so so that's why so I'll have complex those two yeah yeah right and then in January we'll go back to the fourth Wednesday yep y y thanks that's why I kind of changed them all to the third so they'd all be consistent but then the third Wednesday actually runs into problems because um it's um school vacation week in like April and February so it's always something yeah yeah calendar is difficult okay there's a site visit in December