##VIDEO ID:A9eyO8FHumM## said it's one meeting a month since we have nobody coming in anymore you meet every week it's it's two weeks week yeah don't worry twice a month busy again yeah this is just a temporary La we've been actually quite busy here here we go all right good evening everyone this is the regularly scheduled meeting of this the Yad zoning board of appeals this August 22nd I'm required by law to State the following my name is Steve D young and I'm the chairman of this UST board we will now convene this the August 22nd meeting as required by General Law chapter 308 excuse me sections 18- 2 and as well pursuant to chapter 20 of the acts of 20121 which is known as an act relative to extending certain covid-19 measures adopted during the state of emergency that being the co state of emergency four years ago um and as extended by chapter 2 of the acts of 2023 the public are able to attend this meeting either in person or via the alternative Public Access members of the public may watch the meeting on channel 18 or watch Andor participate in the meeting hosted in Zoom the meeting notice provides necessary instructions to join the meeting via zoom and please note that audio video and screen sharing functions will be disable abled for all attendees of via Zoom who may however request to participate by using the raise hand function we start our meetings under this uh edict by doing a roll call to sh a quarum Mr iGo present Mr Frey present Mr Martin present and Via Zoom Mr P piab Bano biano I'm sorry Anthony I'm so sorry please forgive me for my right okay well they do it with D young all the time so you're just getting what I get okay well good evening everybody and again my name is Steve D young we have a fully constituted board we're going to go right to our agenda this evening and that is petition 5125 that of Joseph M Phillips who has property located at 8 Lindale Road South yoth Massachusetts that property is in an r25 zoning District our applicant seeks a special permit pursuant to section 104 3.2 subpar paragraph 2 of the zoning bylaws or in the alternative of variance under Section 203.50 for side setback relief and in construction of a 27 by10 addition to his home good evening sir who are you Joseph Phillips fine why don't you tell us all about your petition if you would please well we've owned the house our family's owned the house this night 1960 I bought it in 2015 with my wife and we're looking to put a one-story side facing 27 ft long 10t wide addition which would widen our kitchen we have a child with disabilities that's in a wheelchair we want to do a ramp from our driveway right into the house whereas now she has to go around a pathway and up five stairs so we would ALS we're also looking to make some adjustments to the counter Heights is there a ramp there now for her no bring her in the side porch I had to build one of those for my mother at one point that 1 to 12 pitch that goes brought it almost out to the street you that's what actually end right at the existing driveway which is good and our neighbors behind us actually live near us and Neighbors at lawn met and they've had their house for 45 years and the neighbor to the left's been there for 30 years and neither one of them had an issue oh they're the people that wrote These very lengthy oppositions no I'm only be kidding not all right so as I indicated to you before we started our meeting we now open it up to board questions of your of you particularly and what your petitions all about it seems pretty straightforward but but we're going to start now with Mr IO to my left Mr IO any questions of our petition yes I do there's a memo in the file regarding the Conservation Commission have you been been before the Conservation Commission yet no I think before we take any action on this we might want to have him go to the Conservation Commission because they're speaking about regrading it and he may have to comply with a 100-year flood zone which would require you to raise that I believe up in the air yeah usually we like to see concom approval but I mean it's not a mandated uh requirement but we like to see that particularly when we might be talking about raise structures so but that's okay I have some other questions as well we we can still act on it tonight but it it's uh something that uh is uh usual so anything else at this point yes I do um just lost my train do you live in this house no you rent this house out no was this house rented about a week or so ago no my son was here who was he with 13 kids from school oh okay I hope we didn't that's why it was memorable I guess that's what what he's getting at yeah okay he had his yeah okay he actually he actually graduated two years ago but he had two friends back from the military and his former teammates from Holy Cross okay I think what we're looking at here by the way is a variance I don't think we can can grant a special permit on this cuz this is a brand new non-conformity with there wasn't one before is it on the alternative tonight oh yeah okay good no it he he requested relief in the alternative yeah um that's all I have for now thank you sure okay Mr Frey so the set back on that corner right now to to the side is that a side or a back what would that a side a side yeah it's a corner lot yeah too I could never figure out that one the two corners I mean there two sides and two sides two sides yeah okay so it's a side setback and it's currently like about 18 and a half fet correct and you're trying to what you want to do is go down to close to nine nine 8 n six I think it measured um it starts off in compliance and as you get further down the addition it goes down to that nine so you're looking s feet into the setback I think so six right uh yeah okay six plus little bit um it's a single story it looks like a nice addition I don't know um how how close are the houses on the other side of the fence I took I just drove by and I saw there's a fence that goes down there so Vinnie next to us is probably another his 10t maybe 12 feet corner right his his house is actually set up so for instance if we went straight across from the side of our house we could walk right through his backyard over to the uh a budding Street yeah it looks like there's almost three three lots come together in your backyard um it's pretty close there is a fence there now um that that's all I have so you're looking to go down by about six feet inside the lot that's all I have thank you Mr mtin yeah I'm a little you know a little concerned with with all the building on this lot it's up to 25% which is the maximum coverage we allow uh yeah 9 8 or9 ft uh sideline setback is less than I'd like to see uh I think this property was given quite a bit of relief before when the other Edition was done in terms of having it only 16 ft from the street line looks like it's weird too it looks like the looks like the uh your line goes right into the payment of Lindale road which is a little unusual but that has nothing to do with you right it's a strange lot yeah um all right uh the what else was I going to say I think the addition looks nice I'm glad that your neighbors don't have any problem with it uh I'm slightly on the fence about you know getting 8 or n ft from the uh from the sideline here but I guess if the neighbors don't mind I could be uh enticed to not care either that's all thank you and Mr pavano do you have any questions about our petitioner I do when are you looking to build no It Go no set plans we have a local contractor Lord construction from South Dennis probably you know in the winter okay I because I have the same question that Sean Mr ago raised it just um it looks like the next concom hearings they have are in September um if there's not an immediacy of building plans it doesn't make sense for us to hold off and to see what the concom does before we make a determination here um you know you know that's that's my concern personally regarding the the the flood so they would dig a foundation correct and put in the those flood Channel I have no idea what they're going to do that's between you and concom Y uh you know we we've seen many different uh resolutions to to construction within flood zones some that don't require any relief because the concom feels just house is a full SAR well it's just it's not it's it's they have to weigh in it's just that simple Mr chairman I just like to correct something I said wrong I was looking at the wrong wrong uh what do you call it angle no these things uh plan yeah and the actually the the site the house is is only 14.1% of the law coverage not 25 so oh want to correct that thank you well is that it dick that's it yeah I you know I'm going to tell you first of all I'm I'm thinking that uh I I agree with two people I've heard I I always want to see a concom uh uh you know review of this because as far as I'm concerned they're here to protect the environment we're here as well to protect the environment but most importantly to make sure that the project uh uh meets either the zoning requirements or an exception to the zoning requirements via a special permitter of variance so I always think that the cart has to start with them before it comes to our horse and I'm I I I would love to see people get what they want but I'm always troubled when I see us uh creating something that comes as close to a uh to to less than 50% of the required amount of a side setback you're at 8.89 it calls for 20 in the set 20 no calls for 15 in the Sony District doesn't it yeah uh 25 yeah 15 ft on the side set back yeah okay so you're you're more than 50% away that's that's good uh I had was thinking 20 in my head I apologize to you by the way I knew you looked familiar to me when I walked in tonight you've been before us as recently as 2019 2015 I think well is isn't that prior decision 20 I'm looking at one here July 24th 2019 2019 yeah okay and it appears to have my signature so all right I think I sat through it yeah that's when the other Edition was allow 15 okay so we have here a memo and let's read the memo in uh but I'm going to tell you I'm I'm going to be uh not in favor if it should go to a um a vote this evening without concom input I think that's very important I'm not trying to give you more work to do I understand um I just go on the website and look at the the contact for conservation and reach out to them and ask what what they need yeah we don't give I'm sorry but we get we people ask us these sorts of things all the time we can refer you to the Conservation Commission we can't tell you how to do it and so a memo from that same um board Finn Kelly who is the conservation agent says as follows a request for determination filing with an engineered plan showing no regarding a showing no regrading oh regr raing it'd be nice if I just read the word on the paper when it no regrading is required for the addition and is required for the proposed work at 8 Li lindel rather the road due to the 100-year flood zone which triggers the wetlands protection act uh and the yoth Wetland bylaw Conservation Commission is has not yet received or reviewed an application for this project and it is not guaranteed that any application submitted would be closed in a single here ing for your information we next meet on September 5 and September 19 we will forward any additional information once the applicant rece application is received and the hearing is held so I I truly believe that that needs to precede us here this evening all right um and uh I think with that uh i' like to have a discussion a little bit about this petition now well that that's fine we can do that but uh understanding that uh uh are you asking us to still go forward with a vote this evening or would you agree that you need to go to conser no I'll go to I'll go to conservation okay so Mr iGo has some comments he'd like to make about the petition please go ahead well I I think it's a very nice uh looking addition very Tastefully done but I do have some concerns those houses your neighbor to going down Southshore drives very close to that lot line you're proposing a second floor deck that's going to look right down onto him well we're not going to put yeah we're not going to put a deck but we're going to put the we're going to put ring up just to finish it off well it says deck on the top so I I don't know what that means but it shows decking on your plan all right now we put fire I'm very concerned that this is getting a little bit too close to that lot line plus the last time you were here we gave you front setback relief and you built a house that's only about 14t off the street so this house has seen some considerable relief already so I'm a bit reluctant to vote in favor of this I think this lot may be built out in my opinion okay well I mean are you suggesting that are are you going to the Conservation Commission sure yeah Will is it your intention to do that yes all right so then we wouldn't need to deal with that now but you're hearing at least one member that's saying that he has concerns about the proximity to the sideline as being too too encroaching to the neighbor I you know particularly if there's a second floor deck so any relief I would be inclined to want to agree to would have to require that not be used as a fair enough as a decking uh for uh outdoor use or in for whatever use not that it not be enclosed and that it not be used as an observation deck so we don't need to address those things tonight though but just to give you a flavor for where we're going okay all right anybody else have any comments they want to make before we move it along no just that I have the same concerns that Sean has so okay yeah well I think uh you know consider these things okay absolutely and uh please be attendant to and when you come in so that we can try to do what we can possibly do to uh meet your needs and goals uh okay so with that how about you Anthony anything you wanted to add in before we move on uh no we've addressed it okay so we wouldn't be looking at seeing you again until October uh because you'd have to go before the concom and undoubtedly they're going to give you a statement of conditions okay and uh you know then those would be become part of our decision if one were ever granted by this board to give you relief so I do agree that the relief you're seeking is that of a variance there's no non-conformity over there now safe for what exists on the ground from probably the time the lot was actually configured the only non-conformity is what we created or what we're creating if allowed what we've already created by giving him prior front set back Rel sure what is that a garage that went up front no that's a bedroom it's a bedroom bedroom yeah okay well again we're not going to the merits tonight just right all right you do your concom thing and then come back and see us all right so what are we talking about the last meeting in October U Mr chairman that's October 24th October 24th is that okay with you are you available that night sure you'd have to sign an extension agreement with us if you fail to do that we can't we'd have to act on it tonight so if we could have an extension agreement let's get it you go over there take a second to read it please make sure well you can take a minute you can take an hour to read it I guess just let us know how much time I didn't really understand if it's me I might have to read it five times to make sure the word is uh what I'm reading instead of what I'm thinking it says a second I think it's one big kitchen where's REM kitchen uming room I think it's just one I think it's just one okay this is kind of the whole like open right here if you pass that up to me up here I'd appreciate it thank you sir so I want to check the top one let me see what what are you asking yes yeah yeah the top one yeah actually both of them yeah we're going not be made within 100 days we're going to do one going to do two and we're fine there to thank you very much the top one's the one we don't sign a check you have a great night thank you first we we have to move on the we have to have a motion okay a vote on the motion okay we have to have a motion in fact so is somebody prepared to make one I'll make a motion to Grant the extension second continue the matter till October 24th and we have a a good agenda that evening that we could add this all right so till October 24 we say uh a motion has been made by Mr Frey seconded by Mr Martin to agree to a continuance at the uh petitioners request until October 24 24 do the board care to have any discussion before moving along to a vote hearing none uh Mr iGo hi I keep forgetting almost forgetting we have to do these by roll call don't we huh uh Mr Frey hi Mr Martin hi Mr panco I and I'm an I so that carries 5 it's continued to 1024 we look forward to seeing you okay thank you very much y you have a good night yep have a good weekend roll and today is uh what 8 22 summer flew by that brings us to a second and last matter this evening and that is uh petition 5126 A&M Management Company a Group LLC rather is that you sir come right up please okay who's that fellow with you is that your legal councel no I am alone I am uh nice to see you again just kidding it's your son for heaven sake yes yeah he is my I I I asso it all right so this is I have to read something to the record okay so this is the A&M uh Management Group LLC concerning property located at Tu butter cup Lane sou Mass our applicant seeks a special permit pursuant to uh sections 104.3 point2 of the zoning bylaw or in the alternative of variance under 203.50 of the bylaw Andor to modify a special permit uh dated uh known as permit number 4984 dated May 1 2023 for side setback relief Alexander neov is appearing this evening on behalf of A&M Management Group and Alexander good to see you again as you said let's uh go ahead and have you uh tell us all about your petition uh yes uh good evening the petition about the to have opportunity to have access to the basements like to build a prefabricated on lading bulhe head and also to rebuild the staircase which we have from the uh from the side to the water we have some existing on a worst condition I have some photo and I hope when did provide it to you uh uh but the existing stairc case it's goes on setback and right now it looks like a new will stay from from setback like on a 13.3 ft and uh and a past you thank you again you give me opportunity to have a corner of the new house on like probably on a same uh same distance from the setback all right uh how I know the uh conservation was okay with that um and uh that's why hear that one the conservation is okay with that conditions we do [Applause] yeah all right and also uh the neighbors uh we had a conversation with the neighbors like a personally and we have some his confirmation by email he he's okay with that well this file just keeps getting thicker and thicker doesn't it uh you say we have an email from a neighbor is that something that they have sent to the board all right so we would receive that but it has to be retained by us and kept as an exhibit okay yeah uh bring it up to us if you want us to read it yes it is I don't know is it necessary or not but just in case you ask me what I have and I would like to give you all points what they good [Applause] ask all right so what you've just handed me as an email dated uh looks like May 28 2024 yes correct and who is this from uh you will find the name it's a drn I I don't remember his uh last name to you in connection with this Kellan yeah yeah yeah it's our my neighbors okay he my neighbors all righty the left side yes okay is that it all right so we're going to open it up and we'll start first with uh Mr Martin please give any questions of our petition yeah I guess so uh is House have a walk out basement uh right now we have we don't have any any staircase from the basement walk out in the back where a lower level that goes out no okay so you're trying to gain access to the basement correct from the left side of the house from the left side of the house all right um what do you mean by uh elevated stairway with Associated Landings oh um uh because it was a little bit for me like a first time uh we had two options yes it could be preab prefabricated buhe head or we could uh do like some regular Landing underground and uh and build some steps which will go like uh close to the left side wall to will not to go so farther to the setback I guess I still don't stand elevated stairway with Associated Landings I can understand the bulk ad basement entrance um being built in closer do anybody else understand that are they talking about the dock area that's what I no I talk about the buhe head right it has nothing to do with this dark area no no okay I I don't understand that myself um so if I mean I know what Associated Landings are you going to have um like an area halfway down that's got a landing before you continue down into the basement or Mr Martin there should be another document in your it shows the elevated stairways with Landings correct Mr AO yes I miss that one are you are you talking about building a walkway from the house to the do well not from the house like um in the end of the land we needs to do some like landing and the stairs which will go yeah that's what I'm talking about that's you're talking about this stair this area right here oh no I think we was a little bit confused I I I talk about the bulkhead talking about the elevated walkway you're talking about what's that uh new staircase going down to your dock yes okay feet off the sideline yes so he's looking for a walkway to get on there yeah that's going to hook up with the do it's replacing the old one is that my understanding uh I I don't think there's one there it's going to be redeveloped but it's shows existing Dock and stairs is an existing dock St that's just existing dock right there is that a different place I know yeah well there they're they're going to build a new one that's that's an example of his elated stairway right here yeah yeah yeah so it basically it has to do with the dock okay 3 feet off the sideline you you've already gone to conservation oh wait a minute wait a minute let's stay in an order here Mr Martin go ahead I'm sorry go ahead Mr Martin please that's right well as you were just saying at the stairway and very close to the lot line over there and uh I would think that they I don't know we just getting close closer and closer on everything here uh I know the Callahan property is very large acreage and if he doesn't mind certainly that comes into play in my mind [Music] um so the reason why we wanted to stay in the same place where was existing because like in other way we needs to cut some nature trees and some some some bushes I think it was much easier to keep where we have like from the conservation to will not to change some some debris and so on and also it's just like uh thank you again you uh you confirm our setback on the corner with the house like a 13.6 ft and here it's like a 13.3 yes it's for difference for 3 in did you consider putting it on the other side of the house dog no the bulhe head oh bulhe head uh I I I thought we're talking about the staircase to the dock no we're talking about the entirety of what you're seeking relief for so one of the things you're talking about is the bulkhead and I think Mr M was speaking about the bulkhead okay yeah sorry it's it was a did you give any consideration to putting in the bulkhead on the other side of the house or in the back or in the back for that matter if it's flat enough I guess I think it's a no build Zone in the back I don't know if they could but if it's like a bhe head which like a howood we have we have two options like one prefabricated wheel which will go like uh from the foundation closer to the setback or we could do under the ground like a landing 3x3 and put a stair case right on a wall it will be tinier to to compare to build to put a prefabricated it will be for 30% less space and it goes under the ground which not if I not mistake each not in for like a setback Zone like a retaining W I don't know I might come up with some other questions but that's it for now okay um so let me understand you have a full basement right now correct yes and what you're looking for is something that provides you the stairs down to a door which you're going to put in the foundation yeah okay so it would go down from ground level down yes nothing that would be raised above ground no okay um so I know the pre-fabricated type ones I think I have one myself and those are pretty small how how long is that it's it's an it's six feet deep is that how long that would be about yes all right and it does that would reduce the side setb from the closest right now we have was 136 on the front corner and this would take it to 10.8 so talking about 4 feet about uh not even about 3 feet um is there a reason why you couldn't do it on the other side of the house just well on the other side it just like uh because the Neighbors on the right side it's pretty close it's just like a one space to like a walk yeah and also to park car that's why is that the driveway on the right side I don't think so it's not a driveway it's some like a I could show you a picture but yes probably it's like it could be just like a place where it's possible to walk something yeah um you have 20 feet on that I think yeah 20 feet on that side but you only have the third or 15 about where you're probably trying to put it um I least I understand what you're trying to do I think I'm not sure if there's not another place to can put it which would be nice as far as the stairs in the back have did this is is this the conservation you went to the Conservation Commission and that's what this is and they were okay with everything basically any requirements for it are in this document some debris some plans which you would follow I'm assuming um we already changed the plan and submit to them and they was okay with it and this is really replacing stairs that were already there location wise is that correct uh sorry this there's a picture of some stairs that were looking yeah yeah yeah yeah I just take some pictures today I could show you right no no no it's part of a as part of a document that you have submitted yes there is a photo of what H stairs would look like and there's a photo of existing condition yes is that the way the staircase looks today yes and that how far is that from your sideline staircase the current one the current one same location same location yeah that's same location okay that's all I had okay thank you uh Sean yeah I'm I'm looking at your order of conditions here it says here that it denies the proposed work which cannot be condition conditioned to meet the standards set forth in the municipal ordinance of bylaw specifically therefore work on this project may not go forward unless and until a revised notice of intent is submitted which provides measures which are adequate to meet these standards and a order of conditions is issued which are necessary to comply with the municipal ordinance of bylaw and B approves the proposed work subject to the following conditions see special conditions I'm I'm just trying to understand this because the conditions uh one through 27 oh well I mean I look at this a lot and one of the reasons why the the dock might be where it is is because they might not allow them to put a dock otherwise because they have to go across that salt marsh this might be the area that they can get to the deepest water yeah uh the easiest um I don't know that I'm just kind of guessing that because I would think and and I think this is a this was a pre-existing dock correct this doc was here a long time ago with I don't know I don't know yeah it was a long time ago that's why I I I don't know anything and also we had a couple of meetings with um uh is this new is this new work that you have right here that picture right there is that new work that you did no we we we did not take any uh we didn't not change anything right now with this boards I'm seeing no no no no I think this is like example like a details how it's how it could build but this is as is how it looks right now I just take a video I could if you want I could show you and it was exactly it's in the picture I was in a meeting with the Waterway committee two three weeks ago and we discussed the same document so uh what we we we finish to uh they ready to give some some feedback to the conservation but first of all we need to give them some kind of offer what what we could do for the seash shelves to relocate or maybe plant a new one someone some some place Sean it looks like this is approved yeah no it's it's approved with special conditions yeah it was denied in the first instance because of these things but they put these conditions in okay um did you submit a grading permit to them uh to whom the Conservation Commission probably yes okay because let me ask you this question question you were back before this board not too long ago didn't you figure a bulkhead on the original House wasn't there a bulkhead designed in the original plan cuz this is a rais and replace where's the plan do we have that no it wasn't designed on original plan why not well good question knew you had a s right existing Foundation plan shows a bulk it on that much larger than existing one uh smaller than one um desired is there a question before the petitioner I my question was do we do we have that in your package with Steve the original uh decision as far as the plan that was approved here's the you want the decision here's the decision I just want I want to see the plan that was approved I didn't would have been that that packet in 2023 I mean I'm just I'm curiously getbody else why this this walkway has got to be 3 feet off the sideline setback why couldn't we set it 20 feet off well I think I've answered my own question on that because you're coming into the uh first of all you got to deal with with a no build Zone and you're coming into the salt marsh as I think dick pointed out oh you pointed out yeah no no no I'm I'm I'm that's what I'm guessing yeah well you can you can see it on the picture of the and it's where the old dock is they talk about the need for erosion control and yeah that was dealt with with the concom was it yeah okay and uh because the house already built probably I maybe finish it like in next one or two we have some also a new septic system which cuts the part of the basement for 10 ft away and right corner it's pretty like uh not big has that already has that already occurred with the uh with the uh old set pool has been filled in yeah so the right corner is pretty small to to work with a bhead or any other entrance inside a drive all over there yeah yeah it doesn't look like you have a whole bunch of uh freestanding water there at low tide does it huh gets marshy right out in front low tide yes that's the only place you can go with this well at least when you look at the existing Dock and stair it's there's not a whole bunch to work with over there no and they uh I'm sure they don't want you running all sorts of piling I know I I know I don't want to see that all Disturbed probably be an oil sheen the whole length of well it looks in bad condition I have the stamp uh plans up from the initial build if you have any question questions on it I can I can see them yeah I I got them here too okay oh hi Anthony it didn't it didn't uh it doesn't show a bulkhead not that I'm saying hi Anthony I work with your company before Davis M I just realize let's see if we can keep an order to the meeting okay you guys can have personal conversations later right now Mr I goes to I'm good you can go to somebody else just have any questions with the petitioner I don't I I see what they're trying to do relative to the dock um I mean that makes sense to me it uh just visually in for setbacks I'm with the the rest of the team that we had a choice and if it's a preference I'd like to see it somewhere else other than encroaching uh to the setback area of the sidey side yard setback but it doesn't appear that there's a lot of options here uh so I understand what the application for and you've answered the question that everybody's had so far which would be my questions as well well I think you answered my question which was why can't it be moved some way to the back of the problem or I answered it by looking at the plans and seeing that that's a no build area for one and two uh you know this is this is essentially a wooden walkway over sand leading down to a uh Seashore uh water uh front and so that uh it would certainly be under the purview of the Conservation Commission as opposed to this board that's their role is to determine I see no limitation on that within theorder of conditions that are very well thought out and 20 as I say 27 conditions in length so if they're satisfied with it and I know them to be a very stringent and thoughtful board uh stringently imply applying the uh uh laws as it relates to water courses and wetlands so I I mean I I I'm going to give to them all the credit in the world I don't think I'm going to suck and guess in my mind uh them I am also like Mr Martin familiar with the property next door which is a very large can you even see your neighbor's house uh yeah yeah leaves on on the trees I guess yeah okay well uh you know it's it's a it's a beautiful neighborhood you're in we only seek to protect it and keep it beautiful but well as well econom ecologically uh uh responsible area so uh you know in my mind uh we have very limited preview on these stairs uh they are uh stairs they are not uh structure of of habitable structure by any stch and uh I'm not saying that that doesn't mean we can't consider their location but I see no other location and it's merely it's almost a raisin replace you're going to take out the old and you're going to put in the new but better quality so we're not seeing an embankment eroding there as uh quickly and badly as we do so and from that standpoint I I can support this petition I I think the location of the bul is disturbing to me but it's 6 one half dozen of the other and the the the if if we're looking at your house and we look to the left that structure that AB that structure on that property abing to the left is further removed from the site of the bulkhead than it would be if we moved it to the right because that home is very closely uh close in close proximity so uh again I'm going to support the petition I know it brought to a vote this evening and with that I invite anybody in our audience who cares to speak in favor of this petition please raise your hand and let us know who you are if you want to speak uh does anyone in our seeing none does anyone in our audience but by the way I want to tell you I commend you you have a wonderfully uh uh well uh uh behaved young man sitting out there with you thank you who not only is he handsome and blonde uh and having a blast sitting back they waving occasionally uh but he's also a very nice young boy and you ought to be very proud you and thank you and his mother so uh with that having been said uh does anyone in our audience care to speak in opposition to this petition if so let us know and there's nobody coming to the microphone because there's nobody else here so with that we close it to the public and put to the petition we open it up to board discussions and deliberations um let's start with you Anthony what are your thoughts um yeah I'll take them piece by piece the the walkway the deck you know this concom order conditions are pretty well thought out if they approve it then and it it works and it's to to reform a previously existing walkway I'm happy with that that that satisfies me I think it'll look nice and being a good addition to the property and in terms of the bulkhead I think it's necessary I think they meet the criteria here for the relief that they're requesting I I don't see it being able to go anywhere else but um so while we might have other designs and desires if if if we were able to I don't think we're able to um put it somewhere else or ask for it to be put somewhere else as they can't and I think they need the relief so I'm you know that's my opinion okay thank you Mr AER I agree with what Anthony said um I think the uh petitioner has met the criteria under the bylaw that he's demonstrated that the bulkit is not going to be substantially more detrimental to the neighborhood than what's existing on the ground today uh it's necessary access to get in and out of his Sellar they didn't have one on the original plan I don't think the you know the neighbor even if he was closest to to the lot line um I still don't think that he would be uh impacted negatively impacted by that bulkhead the stairs I agree um this is what was an existing dark area down there you have to have stairs to get down to the Shoreline um I don't think it's going to create any undue Hazard nuisance of congestion to The Neighbor Next Door it's only used for him to access his his boat down there um and I don't think it's feasible to put it anywhere else and concom has already uh has already looked at this uh quite closely and uh certainly they' have determined that's the only feasible place to put it so um I going to support this and I uh recommend the rest of the board support it as well thank you Mr chairman thank you uh Jay I agree with both both board members already I I think it's just a raise and replacing the stairs and uh I don't know where else you could put it and it really does need to have access to the basement you're not going to finish the basement are you no we we will finish basally finish it so even more so so yeah I um there there's it's really mostly the driveway right right beyond that there's not much there as far as other structures so the house is way back so I'm I'm comfortable with what's being requested all right Mr M yeah um actually I have no issues well with what's been said relevant to the bulkhead or the stairway down to the water I have developed a few other questions in the the meantime though um did this ever come before the board for relief in terms of the setbacks and stuff it's only got 19.5 foot setback from the street yes it did it did did so that was included in the original ones 2019 23 23 I couldn't find anything in the 23 one oh really um this was one earlier than that that's the one that they came for us with that was that was the raising rep there yeah you see anything on that decision that talks about it well now I put it away so let me find it again I put the uh I put that elastic around itne stuff we talked to him twice and we we got it moved over a little bit to try to situate it a little bit closer yeah yeah we moved a little bit first of all it was maybe one ft or maybe 2 feet closer at I remember you J asked try aboutou in the front so we should leave it here yeah we did everything we could to position the houses all right and we to 19.5 ft you got a better memory than I do um and this old plan had you know like 15t front side y set back SL 10 foot Side Y set backs which we determined to think at that time we're incorrect um It also says a white oak removed by error in the front of the house yes you mean done about replanting or anything on that well we have some plan for some complaining after are there any trees in the front still left uh left two probably two or three left and uh you know I think usually if something like that's removed by eror I don't if conservation said anything on here I don't see anything but but typically there would be a request that it be replanted yeah yeah well we first of all we provide to conservational plan which needs to be cut and know what will will be like grow again it was and where is the driveway again for the house that's on the right side yes on the right side of the house area right in here with all those trees out there we have to plant the new one it's a really strange Street well yeah butter cup is so far back I know um all right I guess um I think it's retrospect fact I know I voted for this before and so forth but seems like an awful big house for a little lot with all these constraints of conservation well I think most of them are normal you'd see them in almost every order of condition not uncommon I suppose yep no okay that's all I got okay well uh we have two alternative uh we have two sources of relief s in the alternative it appears to me and I I fully agree that this is uh usually dealt with by us as a special permit not as a need for variance on S side set back uh secondly I I am expecting that any motion would be conditioned upon youing with the order of conditions from the Conservation Commission in in its whole uh and and that's uh as you heard us earlier tonight say that that's why we like to get these conom input uh before proceeding uh because that's their prview and we want to make sure we uh have that protected as best we can so it would be conditioned I I would expect upon that you understand that right okay Mr chairman would it be a modification to the old or just a new special permit um I think you need a new special permit we're creating a whole new non-conformity um what is the current setback on that sideline what we approved it's this might be an extension it might be an extension of a a low I thought it was like uh oh is it already is it less than 20 ft now yes oh I don't care one way or the other doesn't matter me it's all the same thing you're going to bring it to the registry record it an maybe if we can for the future boards that we had modified the existing special permit that's fine would be easier for everyone it was 13.6 before okay okay and this would make it 10 so it's not it's not creating new no so it's an extension an alteration permit uh and that's a 2023 permit right yep so is anybody prepared to make a motion relative to this requested relief the first part of it being to modify uh the existing special permit dated 20203 so moved and you've moved for what I've moved to modify the whatever another that special permit was special permit number 4984 to allow for the construction of a bulkhead off the I believe it's the Westerly side to show uh 10.8 ft from the side set line side setback and with uh reference to the order of condition of the concom um subject to the order of conditions of conom did conom talk about that uh bulkhead or just the just the dock just the dock okay so so we'll we'll modify that um yeah that's uh that we can do special permit on those those stair too because they were pre-existing okay so all we're doing allowing is for them to raise and replace the I don't even know that we need to do that I think we just need my my concern is that with any chance we get to uh to uh uh amplify the power of the concom to State what is the conditions we wanted I'd like to see us doing that yeah and to allow the the elevated stair to be built where they are 3 ft off the sideline setback um with the condition that they comply fully with the order conditions set forth by the Conservation Commission okay all right second there a second who's that second y I just have a question do we need to Define them as Bel gr or below type stairs not any extension well they ask for elevated and the reason they're elevated is because they show on the plan so we should reference the plan that he to the elevation was I thought that was the W the uh the thought that was It's actually an elev it's these right here it's the steps are elevated they're not no yeah I'm referring to the bulkhead the bulkhead you don't have anything to do with the bulk oh oh the bulkhead to the basement I'm sorry I thought I was thinking water from that that's that's just a regular Belco bulkhead I guess that's what I wanted to make sure it's not going to be an extension with stairs covered stairs that come out from the house it's just going to be a bulk kit see they just they didn't show before bu style yeah yeah well either it was uh it's my questions to you uh it could be prefabricated or we could do some Landing under the ground and some steps what whatever you like if you want to put a foundation in close yeah yeah yeah yeah sure sure sure sure yeah it will be open you ask for approval of a bulkhead yes that distance from the sideline that's what we're approving okay okay the type of Bulkhead is your decision to make thank you and and if we could incorporate and reference these plans submitted by him today um we have a plan stamped by Richard J Hood dated July 8 2024 entitled site plan and the other one the other one is uh oppos stairs um what do they call this well this is a plant schedule actually um but we could reference this too because it shows everything this is a uh um what's it entitled that's a good question nothing on it in the lower quadrant well it says it's it's a plan um this is a December 2nd 2021 plan so this must come before us before this is probably in the uh existing file by wet Tech Land Design from by Wayne tars I think you guys saw this before this is probably this one shows the bulkhead we didn't have a bulkhead before well no it's here it's dated 22222 is revised and it shows the uh it doesn't show any bulk it shows the stairs it's all about the proposed stairs so you want to you just want to reference this right uh this one yeah I was looking at a different plan but I want to get this one in too it says 430 yeah this one says 43023 Sean just so you know right no I was looking at this older one right here oh which one did you say 4223 on the bottom it the one with all the conservation revised yes okay so we'll put that one in the plan and uh also this one right here date uh revised 222 22 no it says 43023 43023 and then it says revised on 22324 oh excuse me I'm sorry yep 22324 yep and then we have this one finally the third one y yeah that's the one I was just speaking to the 2222 and then this one's revised 2 2324 also yeah so we'll just submit all three of these good okay so there's a second to that that's Mr Martin do you change your second Mr Martin no and your motion's consistent with that Mr AO yes all right do it by roll call please the motion to modify we still have two other votes we need to take okay the motion to U um modify uh the pre-existing 2023 special permit uh to include the uh installation of the bulkhead as shown on the various plans uh and subject to the order of conditions of the Conservation Commission uh um duly made as a motion and seconded Mr penano uh yes I Mr iGo hi Mr Frey hi Mr Martin hi I'm an i as well that carries five to zero a decision will be drafted that will be filed with the town clerk's office once filed 20 days must elapse that's a technical waiting period assuming there' be no appeal from uh that decision after being filed you then will take it to the uh bable registry of deeds and uh record it there and return proof of recordation back to our board administrator okay okay we also have a special permit request before us and I'm assuming you're asking us to allow that to be withdrawn without prejudice right yes all right I knew that so that there's a a motion to withdraw otherwise I have to depend upon poor Dolores to get these over to me so I can figure out what the heck I did tonight withdraw uh Mr Freight removed and Mr seconded without prejudice right without prej this yes yeah we'd have a much lengthier talk if it was to be with prejudice so um so without prejudices uh there's no need for discussion I'm assuming on that so let's try it by Roll by Voice vote all those in favor please indicate by saying I I I those opposed hearing none that carries 5 uh on the withdrawal of that uh request for special permit without prejudice the same applies to the request that you've made for the alternative form of relief that of a variance so move without prejudice who Moved second I whisper your voices are almost identical at least to this year I want you to know I'm second second on a Voice vote all those in favor please indicate by saying I I is opposed it carries unanimously five to nothing okay that means that that's withdrawn without prejudice it's very nice seeing you once again I commend you and and your son particularly for his behavior uh Mr chairman he have three other Sims at home how old is this fell back here do you eight is that is that eight became nine a gon 9 years old would you like to come and say hello to your mother on the microphone you can just say hello and then we'll say goodbye hello thank you very much nice seeing you okay and with that uh we thank you okay thank you gentlemen thank you Dolores always good to see you sir it was pleasure to see you about the 20-day PE period uh yeah well I did on the uh on the uh modification of the special commit yeah okay uh move to approve the minutes second any need for discussion hearing none all those in favor of the approval of the minutes of the August 8th meeting actually I wasn't I wasn't there I'm sorry you weren't there uh well actually no this is 25th um there's two of them they both are here August 8th we only have three I'm good on two people yeah I wasn't I wasn't there okay so we can't even move on I can't even hear it tonight right what okay all those in favor of the the approval of the minutes please indicate by saying I I those opposed the carries unanimously it's okay you can leave okay thank you have a good night to stay too though you know we we enjoy your company was a good time thank you we're known as the fun board on the down yeah yeah yeah yeah toour yeah we can't do the uh we can't do the election of officers we need one more regular member in order to do the uh we don't even we don't have enough people anyway yeah well we'll we'll we'll pick that up on another date yeah yeah I mean you need five members I know yeah it's not your fault he's not here he can do join us by Zoom next time all right so with that somebody's made a motion to adjourn and we are therefore adjourned right you're good all thank you