##VIDEO ID:z_-cvOGbTE0## good evening everybody ladies and gentlemen this is the Newbury zoning board of appeals it's Thursday August 1st 2024 at 7:30 p.m. we are here at Newbury municipal offices 12 kentway and bfield mass second floor hearing room we have Chrissy vpre who's our Administrative Assistant Amic fan the chair we have Mario aali uh Michelle wheeler and we have Jack Kelly so with that we are going to open the meeting and have our first call the order for the public hearings okay uh George and James simus simus reality trust 5 Cinder Avenue the applicants are requesting a special permanent finding for relief from section 974 D5 c01 increase in square footage and 02 upward extension of the Newbery zoning bylaws and any other permanent relief as may be required under the town of newbury's zoning bylaws to allow the proposed project in order to raise the existing non-conforming single family dwelling and garage on the lot and reconstruct a new single family dwelling on the property located with 5 Cinder Avenue Plum Island in Mass 1951 accessory M 0582 continue from 718 thank you um as Chrissy is taking duly needed meeting minutes if if you need a moment just just say please hold or can you repeat that or whatever it takes so that we don't blow by things and rush to um encumber you and get you know your time we' like to try to make a nice process for everybody thank you sir did you speak up I will okay so the hearing was left open because we knew that there were some revised or updated documents that were going to be submitted to us because we had found a few tweets and the documents to get them correct um we had some issues and so we had to continue the meeting for tonight so with that we have received additional information we're going to close I guess first we should probably just review the material and double check it then we can close the hearing then we can get to it we made a motion to draft a motion we have that draft motion before us and then we can review that gra um as I recall we had there were some technicalities with things just weren't exact and the site plan may have been done and then some of the documentation may have been done and calculated and so things were very close but again [Music] [Music] [Music] there was an also an issue on the height Mr chairman I think elevation and it looks like the applicant was kind enough to cooperate and reduce it to 34.8 uh for our request so 348 and e instead of like 3411 and like 38 in terms of just barely eating it so there's some slight tolerance yeah well G 4 in or 3 and 78 of leeway um and the mean gray is on there the height is on there shows the highest grade lowest grade right that was correct that was one any the application reflects as well so [Music] Maxim okay so the drawings now match the appliation [Music] forms okay [Applause] so anybody had ample time to review the documents the revised [Music] documents Y is there a motion to accept the Revis documents uh make a motion to accept the edits uh made to the draft documents great second all those in favor I I I all right so with that and with the revised documents being accepted we will um close the public hearing we will then move to the draft of the decision for the motion that made last time sorry do you have to make a motion to close the hearing or is that after we review the decision technically we open the public hear and we read it and technically we say it's closed and we haven't traditionally voted to close the public hearing no all good questions your job keep us up um okay so in reading the draft saw that there was one communication um from Jack about the voting members previously by email here we get that clarified but I think cuz I was absent one meeting I think Michelle should that's right the voting M if if you if you are the member and let's just say there's several meetings and you miss a meeting you could make up the meeting by watching the recording of the meeting you get one one shot of that if we started a meeting and I couldn't make it anymore and Michelle could watch the first meeting and then be part of the voting proceeding you get one one meeting like that that's my understanding of if if we're into it and it's all set and we're locked up down the road then we continue or or call another meeting in order to get the right people here did you see these edits here I didn't do that but I will fix it so Martha offered us some of her comments and suggestions so I just printed it out [Applause] um put Martha down for the volunteer thing too um [Music] I do agree is part of the um the actual history is that the applicant did submit an application it was reviewed and it was voted on favorably they missed the deadline in which to act on the special permit and so they had to go through the effort of refiling the application of which we received and heard um um I don't know if it actually then has any bearing I don't think because the what is in front of us and what we've made the motion on is the new application and the new drawings and even if they were the old drawings they are current drawings with current dates and that's what we're acting on um if there were some other nuances to the timelapse condition of use um it might it might be very important but in this case um and they did make some slight changes so we're really talking just about the application that's before us now okay it's it it might be nice to know but it has no bearing so I guess I just leave it out okay if anybody ever questioned it it'll be in the file one after the other the 2022 submitt and the 2024 subm [Music] if we had rejected the old one and then they had come back with a new one then I would have relevance why they were here again of the submitted material dates current with the dates of the newer documents they did not change the DAT they use the old plans so some of the dates on the plans are from 2022 because some of the items stay the same but the most these these documents that were were revised have the older date on them yes no revised dates on play I just noticed that this afternoon I have to talk to guys about it with a minor uh addition where been revised yeah it should have been I I know I it's not in the column where they mark it and initial it even though they've been revised some can you just take these documents and the the the ones that are going to be the originals to be filed and and just put the days datea on them yes I have a zoning stamp downstairs I can do that so stamp every single drawing Y and then two weeks from now it won't be confusion of piles of paper or people walking in with stuff you'll have a set of stamp drawings which are the originals what else did Mark have to say here here have two special findings c number one the front setback of the proposed structure will be increased and will become be and will become conform deleted and granting the special re so the first one she want to delete if the special permit is granted and replace it within granting I think is what's happening deleted yeah then if the special permit is per or be of if the special permit for one for so on the last edit uh part four decision four what she's proposing is to delete other than those approved by the zoning board of appeals so any any modifications to the structure by the applicant by the town of Newbery buying through its building department Andor Conservation Commission or by other boards or committees shall require modification to the special permit well you're talking about any modifications and then it then it says other than those approved by the zoning board of appeals we wouldn't be approving modifications unless there was another meeting and another decision right I think I was kind of hung up on that last time and then was trying to figure that out it's not necessary to say that we approved modifications we approved what was in front of us and anything there after by anybody that changes it shall require modification to the special C in other words they'd have to come back and so we're really we're not talking about us we're just talking about everybody else right and and we we wouldn't as a group receive and make modifications ations someone would come back and propose modifications which would be obvious that would require modification to the special Department yeah think also any modifications to the project like not just the structure right because it might be something with the landscape or it might be something or the setbacks which isn't right like structure sounds like it's just the building where it could well the structure changes the setback changes but the structure can say the same and move on the lot and therefore it changes yeah so any modifications to the property or proposed proper or project project yeah that's C project cuz it might not just be structured right agreed upon project specifics [Music] um any modifications to the structure comma or any [Music] um what I'm trying to say is any documents any and all do any modifications to those submitted the original special project documents the uh what's definition project documents but any any modifications to the App application um original project documents of the structure or the property covers it all I guess because what we're you know we're trying to Define what this pile is pile of you know we can say site plan we can say building elevations we're trying to summon all up into project so what is it project documents structure and property that's what you said application project documents or the structure or property documents structure proper you just say any pro any modifications to the approved project I think that covers everything yeah I like that and what was approved well you have an application and you have drawings right yeah the project is everything listed in the front here as submitted materials and information MH like that that sums up the project here yeah is that clear yep and that that is a um the draft modification that goes forward with the next one yeah all right and then in the fine print here comment P B2 that's almost what we just addressed okay so think we [Music] strengthen any modifications to the project documents attached to the approved motion approved [Music] decision can you say that again please any modifications to the project documents attached to the approved decision so now the documents are linked to the decision [Music] okay thank Mar for that uh so may I have permission to use your signatures to approve that decision yes uh we make a motion okay okay any other um adds comments on motion thank is there um a motion to accept the decision with that yeah I'll make a motion to accept the edits made to the draft decision okay is there a second I'll second that motion okay vote all those in favor I I I right so it passes okay so now let's talk about the procedural of signing the actual motion um Chris you'll draft it up I think if you could email it and then people can return turn an email saying that they um provide permission for you to use their electronic signature and then what you can do is you can save or or make a PDF out of that email M for the record and then you have proof of authorization every time we we go through that yes sir because you don't have blanket approved to use the signature any time we have to formally do it so if um when you get an EMA from Chrissy with the file read it once and then if you would finally reply to Chrissy and just to Chrissy and just say I uh Eric provide you permission to use my electronic signature on this decision am I voting on something no I'm not okay as usual thought I actually thought it was Michelle yeah it it's Michelle ER and Mario oh sorry sorry about that we just talked about that at the beginning just want to make sure I know what to answer Chrissy yes so she's not sitting there like waiting for me okay I'll leave out of that email sorry about that I always come when every Chrissy calls I come right down usually bring spin again I do bring my dog so we um we don't have a meeting on the third Thursday of August we will have our meeting on the third Thursday of September um and there we go September 19 and then uh with the last so that um hearing is closed public hearing is new none other business Cricket Lane project status and update um there were final documents that were issued Martha sent me a copy if you'd like a copy the digital copy you know Mark get 30 file drawings um that's the update as I understand it will when I come into sign was that two week that was last week that was last week yeah so um talking to Martha so the Cricket Lane was like half clear should be all almost all clear might be worth a driveby everyone that stay familiar with it yeah how often are they given us updates did they say on um we will ask Peter for updates since it's he's now the enforcing building inspector he's got the building permit and it's under a building permit and we have uh our checklist which was mostly closed out and we can we can review that checklist next time and see what else is on if if they are proceeding and it's now in Peter's hands there was a meeting on site that I went to one morning and it was before anything happened and um DPW was there Peter was there I was there Martha was there Walter was there um and it it's okay so we're going to start and we're going to do this he handed out names of contacts to Peter asked Peter if these were one permit or individual permits we talk about tree clearing um his subcontractor that does the work was there and they had worked before wasn't like they were kind of figuring this out for the first time um Peter said you know I expect to get some calls cuz I typically do when things like this happen um people aren't aware until until noises made you know um here are the operating hours that you're work under um I mentioned that I said I'd like to double check that there's actually a speed sign on Pearson drive just to make sure all the truck drivers because we're now inviting people that um aren't part of the neighborhood or part of the community to be doing work here and just reminded him that he's working in a neighborhood with kids and families and he needed to release that um and that was that and then last I saw Peter last week he said I haven't gotten any calls so everyone was aware of what's going on and it's G good can you clarify your comment on a number of permits that you mean I mean each house is a separate permit right I think so um I don't know I don't I don't no I think it's I think it's one permit and it'll it'll sign off on on units but it's technically one permit could be something like that yeah whenever we did whenever we do a multif family it's usually one permit for the whole project w Really and then you do like temp Co to let people go into the houses as they're complete and with a final SE at the very end to close out the whole project interesting I think it's a matter of like having you know 24 numbers versus having one number with a sub list which is a way to keep track of it so they have check offs they must like for foundation inspections and Framing and insulation okay might they might each get their own card but they're technically under one per I see yes there's probably just one set of drawings submitted for the whole project very good happy to know that yeah and it's you know it's in Peter's hands he's he's the one he's the one to enforce it um okay and then the next meeting date is September 19th and then we also have what are these me minutes from last month I didn't add them to the agenda because I didn't know if I get them done in time but your copy the only new on your copy is the first two pages what is attached is the decision for 31 wol Lane that was already approved but I mentioned that approved decision attached so on all the meeting minutes submitted they will have a copy of the approved decision for each project during that meeting so that it completes that moving forward and we have to accept the minutes that would be nice yes yeah we do so and then I can post them to the website please take a moment review the me any [Applause] minutes then Larry wasn't at the meeting [Applause] [Music] [Music] for [Music] so I based it on the uh guidance that Our Town Council sent us that meeting location who was present who was absent what time you opened the meeting what was discussed and what time the meeting was aend what the Motions were who voted things like that so I ped off their email and I put it by my desk and I followed their requirements seem very straightforward okay I have no comments to the speeding minutes I have no comments okay is there a motion make a motion to accept the me minutes of the meeting of July 18th is there a second I will second that all those in favor excellent job me minut it's done in one month yeah yep and we're on our way did everybody get the email with the open meeting law right did everyone get a separate email from gr on the opene yes were you going to send some information about motions and things I know was going to come from Chrissy but I guess I have it I'll just send it oh what is this I'm sorry there were two um seminars or something two seminars I guess the mar Valley planning they were given by um Town council's law office they were $15 I signed up for them I was able to do the first one work out in the way of the second one but I have the slideshow and I have the hand up so I'm going to copy you all on the slideshow and the hand up one was just running a public meeting and the other was drafting a good decision so I was um if you can print it if you can't well ask chrisy to print it but I think it would be something that you'd like to keep in your book and if you read through it and tab there might be a moment in a meeting where you we all need to open it or one of us needs to open it and sort of peruse it and make sure that we're we're doing the steps yeah so I I will send that and then this is Town council's open meeting guidance of meeting minutes to make sure that we're we're heing anything we can do to help Cy um create meeting units in a very efficient manner would be helpful and then we will be um sumary it's pretty good we'll be meeting the requirement and then somewhere down Chris we might talk about the application and I I think it I still think it can be streamlined a little bit great I think what I'd like to do is have an application that gives them instructions and then there are three forms and they don't need to submit the instructions they just need the three forms yeah try to throw the instructions away when they send it in with the forms so yeah and in the past it was a lot of a lot of paper for for half only half of it was really needed yeah all right great make a motion to close the meeting is there a second second great all in favor I right meeting is now closed