##VIDEO ID:osHeSnHBxa4## [Music] so Vicky go go for it uh please read the hearing notice yep oh that's the wrong one sorry I'm not quite set up yet let me it's fine here we go uh this is for the Ryan permit correct right that's getting to order though all right so you want to start with call um call the meeting to order you said yeah all right uh well if you insist I'll call the meeting to order okay okay in we usually use the legal notice to open the hearing yeah we know that's what we usually do yeah okay all right so uh the legal notice is in accordance with mgl chapter 40a and towns and Zoning bylaw the towns and Zoning Board of Appeals will hold a remote access virtual public hearing on Wednesday September 18th 2024 at 6:35 p.m. on the application of Timothy Herbert and Lisa Herbert for a special permit under zoning bylaw section 145-161 14565 the applicant is proposing to construct an access accessory apartment connected to a single family residence under approval for accessory apartment use at three Ryan Road located in the rb3 zoning District you can join the meeting by the following Zoom link okay um let's see uh we could go through the um mandatory referrals I heard that I heard that evil word mentioned see what do I have here so um just taking them in order in our Bolder the kcom says um basically no comment um planning board I enjoyed this one um on Monday September 9th 2024 the plane board members discussed and asked the chair to submit a comment and support of the approval of the accessory dwelling unit which in January will be by right we appreciate the wisdom or the decision of the zoning board members I'm sorry I got a kick out of that um Board of Health uh basically the um the applicant must complete the following one obtain a permit from the towns and Board of Health and install a new dbook debox and new multicompartment septic tank or a new tank to follow the existing tank well I I'll add the word tank um and to record a four-bedroom restriction on the deed for the property um the Board of Health has language to be used this the first time I've heard of that yeah why would they do that I question that yeah that's um I would want to know it's it's not a purview but I'd like I'd like to understand that yeah anytime people do deed restrictions I like right yeah I I don't I don't m is on the phone say again I'm sorry and then um the BOS I believe was a no comment as well leave it at the discretion of the zba okay Beth is there um is the accessory apartment section of the bylaw in this file in one of these folders no but I can put it in right now if you want yeah because we're going to need to re review all those sections let me get that for you I'll have to drop it in I'm I going to do this right bill yeah I that's reasonable y let me I think it's uh it's on the U usually I do is it on the application no it's on this three Ryan towns and zba accessory apart four hours ago do you see that in the in the directory the third item down in mine it's got a checklist under so the first file is preliminaries public hearings business is it under public hearings I believe that's it yeah I just and then there's just the special permit open that folder and then there's six things right so the third one down says only it was modified only four four hours ago all right let me [Music] see so it's got the zoning board uh letterhead and it says accessory appointment square footage compliance oh okay yeah that is a a work part of it though yeah that's just what I can do all right here here's and then then conditions applicable to all accessory apartments are there so you know um even if we don't have the bylaw in front of us uh we can cover the basis I'm trying to think of the best way to find this for you uh because I mean it's it's in the code in the Le if you look in the legal notice that'll tell you the sections yeah I can go to the code and and Pull It For You Ah that's I just used to you putting it in there yeah yeah and um 14536 would be the accessory and 14565 is the speciment criteria yeah yeah okay I'm going to find that I'm back and I can just email it to you or something all right all right so while we're getting our act together uh why don't we hear from from the applicant I noticed he's on the perfect on the horn here um with um you know comments on his proposal all right hello can you see me yep hi how you doing so um what we're trying to do is add an accessory apartment now to the existing residence for my mother um just because of everything going on with the cost of living and housing it would be better for both of us down the road perfect okay cool yeah so I was looking at the plan and or the application listed the frontage is you know less than 200 feet and I said wait a minute where is this and then I really realized this it's in one of our osds so that's why it has a lower Frontage requirement but uh anyway yeah um it doesn't look like you have very much room uh looking at the U looking at the plans what did I do with that anyway oh yeah here it is don't understand what's going on with this there it goes cool um So the plan is to put it on the back of the existing house between the house and the pool correct yes okay and um then you the application indicated something about the garage and I I I I'm having trouble figuring that one out um the additions on the back side of the existing garage and the new addition will have a single Bay garage as well oh I see all right so you're going to have actually three three garage Bays I it there yeah okay cool all right um opening up to questions from the board um dropping the uh I dropped the uh code for accessory Apartments into the public hearing folder and uh special permit should be there in a minute [Music] and okay will it be a separate folder Beth or no um what I would what you should probably do is maybe just I just refreshed mine here yeah so when you you know when you click on that link you can hit refresh and you should see I got it oh good 14565 got 14565 we need 14536 though y so right below it I think okay the next yeah accessory Apartments okay cool all right okay Bill do you see it well I see um I've got an email yeah it's in the are you looking at the folder the the packet the one drive packet I put it in the folder if you refresh yeah refresh the folder and you'll see it there okay yeah you under public hearings I can't figure this out because I lost this silly folder and now I'm looking for there it is login information you gave us a new link for that today right uh it's the same link but I did refresh it and add some documents that yeah so okay remote up the zba packet yep and under public hearings I got it I think good good public hearings 14565 I see that now and then there's right below is one right below is the 14536 it says accessory apartment yeah okay great great okay right I don't seem to be able to find this this this is the one we changed but the the Attorney General didn't approve or something correct uh not it's not well hasn't been denied but it's out for an extension a 90day extension so it's still yeah the it's still the one that's in the code yeah okay all right so um so the floor area of the apartment shall be the lesser of either 800 square F feet or 35% of the floor area the principal residence yeah that exhibit is very good on that it it shows what the what the floor area is so that complies yeah um so that we have we have a written report from the Board of Health at least we have something from Rick metf about the possibility of um putting in a 2500 gallon tank or or adding a thousand gallon tank to the existing system so um I would assume that's what you're going to do right Tim yeah that's the plan I already had someone come out and make the pitches work with the just using the additional thousand galon tank and everything work out just fine yeah okay just to mention for the record though under a number one was the floor area number two was that uh who's going to occupy either the principal residence or the apartment and it it is a family member that completes a okay yeah yeah all right C is adequate provision is made for Ingress and egress um did I miss I don't think I saw a plan for the accessory apartment did I miss it I can pull the plans up if you want okay I can pull them up um David can I have screen sharing capability I know we're going to have to go back and forth between the bylaw and the the pl the the plans are on the the Ryan application uh combined okay so it starts with the application and then it goes into the plans but I didn't apartment what was I missing no but we're reviewing the bylaw and we have to keep going back and forth with screens if she shows the plan while we go through this we won't have to go back and forth on the list of files Beth you've got screen sharing so go ahead okay what would you like to see the plans or the um bylaw you guys want you want to see the plans or the bylaw either one does everybody have the bylaw on this screen no okay I can put that up if okay so I'll go find the plans then on this list so is the plan the handwritten uh Ryan Ryan U accessory combined right the plan for the apartment the last thing in there it's handr looks like it's copy okay I see it I'm understanding it better now I'm having was having a hard time orienting myself the old now I got to go find the plan and that list of stuff so oh here we go when she did that it took up my whole screen so we lost it there we go all right so is anybody located where the Ingress and egresses are on the plan yet do we comply no actually I see two at the says has a above it I guess that's supposed to be egress I see um in the the bedroom the primary bedroom I see a c I see a back door I see a couple of doors uh from the garage um Tim maybe you can help us out where to find them your plans beautiful and and has a lot on there so in the um the bedroom that's on the new plan there are three egress windows all three of those being egress in the um bedroom and then if you go over to the living room um there is 36 inch door that's also egress okay but we have a garage that's an egress as well right correct yep okay I would say the garage would count as an egress and the living room door okay you guys good with that yeah yeah that's fine yeah I think that'll work all right Beth can you make the the baa bigger yeah please a little bigger can you make it can you make it better all right okay egress what's next after egress um not be detrimental to the neighborhood in which the lot is located oh I think it's going to be beautiful do we have any neighbors saying that's gonna be terrible here no there there aren't any AB Butters or anyone present are there I don't see anything all right anybody have a problem with detrimental no no all right e it's at least three4 of an acre yes I believe it's over they have over an acre yeah adequate Provisions have been made for off street parking of Vehicles there's another garage I think it's got a big driveway I noticed on the plan I think you're good it's got a bit it's got a three-car garage so I think he's got adequate parking I think it's adequate yep um there's no other apartment on the lot on which the accessory apartment is to be located is that true that is true there's not awesome I don't know where you put it triang it's not intended for occupancy by a person with a disability is it nope all right that covers all the criteria doesn't it I think so yeah so you got all those findings effect Beth yeah awesome um did we talk about so is the impact on ground and water quality and stuff through uh conservation on the special permit criteria okay 14565 okay so are we ready to move over to that now next bill yeah sounds good there you go awesome okay so in order to uh Grant a special permit we have to um make a determination that the proposed use will not have adverse effects which overbalance its beneficial effects on either the neighborhood or the town in view of the particular characteristics of the site can we make that motion go through a through G well let's go so you want a motion for that or you want to go first let's do a through G first yeah right okay so a adequacy of the site in terms of size um that seems to be adequate um what is the area of the lot is it 1.6 acres or something no 1.4 yeah it's over an acre only need three qus right um yeah so it seems adequate to me um suitability the site it's residential site it's a res residential use impact on traffic flow and safety is negligible um impact on neighborhood visual characters including views and Vistas I can't remember if there's any Vistas from Ryan Road but but I don't I don't see any impact here other than um you know as far enough yeah all the accessory apartment criter kind of duplicate to this yeah and and the the addition is behind the house so right um adequacy of method of sewage disposal sounds like the Board of Health has covered that ground um adequacy of utilities and other public services I think this has underground electric doesn't it this this uh subis yes it does yeah that's a class act so uh I would say that's certainly adequate uh impact on ground and surface water quality and other environmental and natural resource considerations um this is a relatively flat lot is it not yep pretty flat okay so I don't I don't see how runoff from the roof or anything is going to be um creating um you know any environmental degrad due to um water run off no any any other comments no looks good so um everybody don't everybody speak at once okay I'm gonna make a motion go for it all right uh hang on let me find my cheat words here um [Music] um I I move that the proposed use will not have adverse effects which overbalance its beneficial effects on either the neighborhood or the town in view of the particular characteristics of the S second do you want to say anything about you know supported by the findings of fact or is that going to be a separate motion I think that would probably be the motion to Grant okay because I said in view of the particular characteristics of the site all right is there a second somebody seconded right y okay pulling the members um let's see Darlene yes uh Vicky yes uh who else is here John yes saw John yes and although yeah yes Bill cigan votes yes as well so the motion carries Arlene you want to make another motion yeah let me see um I mov to Grant a special permit for an accessory apartment to the heberts of three Ryan Road um per all the findings of fat for sections 145-161 45-65 um and with the condition that it built be built according to plan did I forget anything do we need to put anything in about the septic or is that that's that's already in the findings of fact and in the conditions okay and it sounds like we as a group um are not going to follow you know the was it the board uh planning board or the Border Health that wanted it a deed restriction I think we were I don't think that's want to do that I don't think that's our decision that's their requirment not as okay yeah no we're not gonna we're noton I wouldn't be comfortable putting that in my motion no way okay well normally that information is kept in the building Department's file on every house you know what the what the septic size is and also in nooba um has has records of of every house from a septic point of view so I I I don't see that a deed great um is there a second second all right and and discussion part of it can I just ask a question normally we put on there that it's good till and blah blah blah but this is going to be as a matter of right in January so is this a moot point to say anything like that that's why I didn't put it into my motion um do all the special permits that have ever been granted become a matter of right to whatever the current new law is well I don't I don't know um I don't know what possible issues would come up that would you know require um the building department to distinguish between a special permitted accessory apartment and an as of right accessory apartment but should we because it's not taken effect yet should have I added that or is is it just boiler plate that these are now just follows the the owner um well we had we had boiler plate in our in our other accessory apartment decision so we probably should be consistent that's all I okay so it's boil the plate it's not in the motion okay I'm ready to vote all right P pulling the members John yes Darlene yes uh Vicki yes and I'll vote Yes as well bill cigan so the motion carries um we have uh 14 days to file the decision with the town clerk um you'll get a notice in or you get a copy in the mail that will show the town clerk stamp which would be the date of filing then there's a 20-day appeal period from that um and after that 20-day appeal period you can go to the town clerk and she'll give you a letter saying that no appeals have been filed if that's the case and then um you need to record this decision at middle sex South registry of deeds and um these days they give you the um book and Page immediately so you'll be able to take that letter from the Town Clerk and the evidence of recording to the building department and get your building permit thank you okay do you all want to sign the decision uh no okay I'll go in and sign you guys W to make me the person I can sign it also whatever yeah that'd be fine whatever you want so do we need to make a motion yes yeah do I'll make a motion that Darlene uh can sign for the other board members there a second second okay polling members John yes Darlene yes Vicky yes and I'll yes as well Bill cigan all right P motion carries we're all set awesome thank good luck you're welcome this is great Beth looks like one of those Witches of Eastwick in this H background Tim yeah I'll be in touch with you Tim shortly okay thank you you're welcome have a good night you too all right what else do we need we got some minutes I think yeah there's a couple that were I found needed to be approved or maybe they were approved and they need to be reapproved but it seemed like there were a few that weren't uh were in a rear [Music] so all right the 327 minutes [Music] um this is under business I would assume huh yeah yes yeah 3.1 327 wow that was a while ago I know I did yeah I did not have record of those being approved so we only need three votes to approve minutes all right I move to approve the March 27th meeting minutes second okay let's see here back to zoom uh polling the members John yes Darlene yes rcky yes and I'll vote Yes as well Bill cigan all right 410 is the next ones that was are easy that was an easy one that's easy we didn't do anything yeah I moved to approve the April 10th meeting minutes second second okay following your members John yes um Darlene yes Ricky yes and I'll vote Yes as well Bill cigan all right so we got that and uh what else um 4 17 yeah April 17th that was the continuation of the hearing oh oh was that Gary Shepard yeah that's where we granted that permit all right I move to approve the April 17th meeting minutes second there a second okay polling members John yes Darlene yes Vicki yes and I'll yes bill cigan as well all right what else correspondence Clerk's uh announcements all right I think think respondence I don't even see that is it there somewhere um 3.2 on the agenda yeah 32 that's the that's the attorney general not approving our modification to the um to the what do you call it BW there accessory apartment correction it's a request for extension so you know but at this point it's going to be by right so I'm not sure how the AG is going to handle that Amendment so we'll see what happens but yeah everything's changing February 2nd the um Adu bylaw uh by the state will be um on it will be lit if you will it's implemented February 2nd 2025 so yeah I don't know what happens to this so did did we decide with the Town Council do we want to delete our special permit version or do we want to just ignore it that's actually in process now and we're trying to get some guidance from Town Council and what to do um at the last planning board meeting or one of the planning board meetings he said that you know they are available to help municipalities like Townsend who don't have you know have Town meetings in the spring um you know adjust and modify so we are working on that we're trying to figure out how that's going to get and how it's going to be done um before February 2025 so that means uh basically something at fall town meeting in my opinion but that's just my thought you know otherwise it just is going to be the state law we have to revert to the state law well there should be there should be some language in the state law about superseding any um prior zoning bylaws so I don't know I think it's say that yeah if if you look at well what the the lawyer Our Town Council advisory says yes the state supersedes when there's a a conflict it's so the State wins yeah so if if the applic if applicant meets the criteria set forth in the state they just get a building permit at this point the way it's set up other towns do have a uh are revising their accessory apartment bylaws to incorporate the new definitions and to also incorporate a design review um so there is some sort of review over the accessory apartment applications and those things will be considered okay um Beth there's a couple of things in here um that are MSG which my uh computer is not able to decode what do okay 227 Mason Road is that that the Dog Parlor or whatever yes um and the land use coordinator asked me to just update you that um they are still not in compliance with the board of health conditions that were set forth um so she just simply wanted me to notify the board um that that that you know that the Board of Health is aware of it and the Board of Health has made inspections and the applicant um we expect the applicant to comply and I will update you on that to make sure that gets done um there were just a few items uh had to do with the additional tank he was required to install and I think there was another record of um yeah I think it just had to do with the uh tanks yeah well I mean okay I mean the Board of Health has has got more enforcement power than anybody else oh they ought to be able to resolve this exactly I think it's just FYI but the L coordinator wanted you to know and the other one is regarding updating the flood plane bylaw um because the maps have been up um have been are in the process of being upgraded um we're going to look through the whole bylaw and I believe you are the sbga under that bylaw is that sound familiar have any of you ever um done any work with the blood plane bylaw do you remember no okay okay no no all right so um you're talking about modif the the modific the recent modifications to the FEMA maps are affecting our flood plane byw well yes to stay uh compliant with the nfip program which is the national flood insurance program um need to update the model update the bylaw and insert we also have to insert the updated Maps once they're released I think they're going to be released in uh December of 2025 so um if you're uh interested in helping with the process or understanding it uh we had a representative come to the planning board meeting uh at the last meeting on the 9th and she gave a um pretty much a update on what towns and needs to do to stay compliant so that um we can continue to offer the residents that um flood plane insurance and that's important I guess when you have property that's got a federally back loan right yeah if you want a mortgage yes yeah yeah Fally backed especially so yeah so and right now there are 17 of those loan uh Insurance programs out um and total of like I think it's $52 million in coverage that's being taking it you know utilized right now under that program so we want to keep that compliant and Springtown meeting is going to be the the timeline to get that amended and snuffed up up to Snuff that's that and that's it okay yeah all right and you do have an application uh received uh regarding 324 Main Street um that and can't discuss it tonight obviously but I will be Distributing that to you um in uh probably in the next day or two if not tomorrow than Monday uh the hearing is going to be uh let me give you at least that the public hearing is going to be I just want to make sure I give you all the right date October 23d it's the Wednesday it was going to be the 16th but we needed to push it out a week so it'll be October 23rd 6:30 all right okay more on that soon thank you all right okay all right that do it yep thank you all right I move to adjourn the [Laughter] meeting no discussion Bill we have the we have the vote on this yeah yeah okay so pulling members John yes Darlene yes Vicky yes I'll vote Yes as well thank you all for your kind attention and right everyone night everyone night