##VIDEO ID:rPCxAhbLpRo## we got six o'clock everybody ready to go yep okay good evening welcome to the regularly scheduled meeting of the yamama zoning board of appeals today's date is November 14 2024 my name is Shan AO I'm the vice chairman of the board we have five matters on our agenda tonight the first matter is petition 5142 Brenda Lee Kelly she here come on up uh property location at 20 buckwood Drive South Yarmouth Massachusetts it's in an R40 zoning District the APD in a Zone 2 applicant seeks to modify variants 4844 dated March 11th 2020 by removing the condition for a six foot Stockade Fence enclosure around the swimming pool I to give you guys oh okay I'll take that from you oh okay thank you very much all right I you Brenda I am okay so for the record we have Brenda Kelly in front of us okay I'm goingon to hand these out to everybody that's each of us okay um Brenda tell us what you'd like to do here tonight so basically when we had originally it was going to be a six foot around the whole thing which it is I have pictures but they're on my phone I don't know if you want to see them but there the backy yard is fenced in um and we we are going to put a fence out front and the problem is that the we were we were asking if we don't have to put the fence over on the side there's a chain link but um because the the reason that we had to put the reason that we came to that decision where you guys came to that decision because the lady um behind us yeah what was afraid of of the light and the sound and stuff so she wrote a letter I don't I hope you guys have it and saying that she um she she's not concerned about that anymore cuz obviously we went all summer and she wasn't concerned and then Chris the neighbor over on the left side of us as we're facing you to the left right it doesn't want us to do it because we have we ended up putting up a wall and we have like a area where we both planted stuff we went in together and planted stuff and if we put a fence up it's going to be up there and so it's going to be four or five feet off the ground and then six feet up and it's going to it's just it messes up his yard too so he didn't want it all either okay so that and we ended up we ended up getting an auto cover which I don't think that was originally on the thing so we we have an auto cover on the pool also okay so basically by there I didn't notice it was a cover on the pool yeah and that's an auto cover so it's it's always covered up unless we're in the pool okay yeah so um but basically all we're asking is because there's a six foot fence around the yard all we're asking on Tim's drawing is the the over on the left side instead of putting um the six foot we want to keep the chain length that's there and then in the front there's nothing there right now and instead of putting the six foot we'd like to do a 4 foot so the pool will be fenced in we just the it's a small area in a six foot especially with on top of the wall it's going to be very like I I saw that over there yeah so you're proposing a 4 foot along that wall and a four foot in the front right so a 4 foot white Stockade like it's in the back in the front so that'll go from all the way from the house like you know where the where you walk in those steps it'll go there and come out and then go across and then on the wall just the chain length instead of a six foot fence on top of that okay I think my understanding is the law requires a 4ot fence around is that correct is that your understanding okay well and I believe with the with the auto cover you don't even need a fence you do yeah I think I think you still the BW still says yeah I think it might be state law with that four foot fence just because kid that's what we want we want to do the four foot we want to have a fence for sure okay all right anything else you'd like to add at this time um no that's it just like I said the the you know the neighbors they Chris does not want it cuz like I said we put all these plants and then he's not going to be able to see anything he doesn't want that and then the lady behind she she said she said no she doesn't she doesn't want any additional fing just the the the chain link like which we had originally had said yeah okay okay um all right we're going to go to the board for questions uh Mr nits do you have any questions um I I don't think so but I I just want to confirm the chain link the four foot chain link is going on top of that wall yes okay yeah so it's still going to be from your side you know an obstruction but it from Chris's side it won't it wouldn't be well yeah exactly exactly and the four foot along I don't have any problem with the four feet at all I know it was a condition of the original decision here right but in this instance I think it makes a lot of sense to have the 4 foot chain link on the side uh and the 4 foot in front as long as it's as long as the pool is enclosed by fencing I think that was my priority concern tonight was I wasn't so inclined to give exemptions for no fencing or the swimming pool because of children in the neighborhood or whatever so no definitely I think the only reason that it was a six foot was because of the lady behind us was concerned about the light and sound and stuff but yeah understandable and it's a nice looking white vinyl fence so it it you know I'm sure she can't complain place looks good and and um I think it'll look better with that little fence out front too give you a little bit more privacy in the pool area too yeah and that's we haven't put it up yet because we were we wanted to come back and ask CU we originally it had said the six foot so good yeah that's all I have Mr chairman okay John do you have a questions just so I understand so the chain link will go from the rear fence all the way up to the white vinyl fence it looks like there's a there's a space here is is that fenced in um it's not highlighted either yellow or they didn't so I don't know what what's going there on the side in the in the leftand corner I don't have the I gave you guys all out when to look missing yeah he's talking about this space right in here this space okay okay that's chain link do the chain link go all the way up to the vinyl fence or does the vinyl fence bend the corner I think the chain length is already there so no I don't think it does go up to well you can't have it open there you're GNA have that open one thing that so Tim he builds pools and the auto cover I think it is the state law that if you have the auto cover you don't have to have the pool fenced in well I don't think we're going to go I'm not going on that Bas so that's fine so yes so if if we have to put the chain length we can definitely put the chain length to that space if you want to wrap the white vinyl around the corner if Chris is all right with that that's fine with us as long as there's fence in that Gap yeah even that that's fine too yeah so as long as we have one of has to be a 4ot fence there has to be a 4ot fence in all the remaining area that's not already f so it doesn't matter if we do the white or the chain link okay that's fine yeah okay so you you're going to enclose that area we will enclose it in yes okay that's all I had thank you good catch okay questions how tall is that that the wall that you have now foot that's four foot wall so there'll be four feet and then four feet on top with the okay I don't have any other questions dick um place on the rear right now it's a six foot anyway yes and that goes that's in the rear and it goes all the way around the back yard to the house and there's locks on both of the gates also yeah no I have no questions or okay is there anyone in the audience that wishes to speak in favor of this petition please come to the microphone seeing none is there anyone in the audience who wishes to speak in opposition to this petition please come to the microphone see none I'll come at once um I will note that we do have some letters of support from your neighbors here um Chris George no that's not Chris George Chris Reed oh Chris Reed Chris George was on the other one on oh okay that's the wrong one okay Chris Reed do I even have Chris Reed's letter oh okay there we go we know it's here somewhere yeah okay uh to whom it may concern my name is Christopher Reed I own the house of 24 buckwood Drive in South y my name neighbor at 20 buckwood Drive is Tim Kelly Tim installed a pool in our common property line I have no problem with his pool and don't feel the need for him to make any further changes to his property including a fence well I think he's in favor of the pool cover um I think that's the only correspondence we have van skyver to whom it may concern my name is Candace van skyver yep I live at 23 night Andale Drive South diagonally behind Mr Tim Kelly and his family who recently installed an inground pool at their home at 20 buckwood Drive I attended the board of appeals meeting at which Tim requested a variance to install a pool and my recollection this is the fence surrounding the pool was part of the town's approved stipulations the pool installation is attractive and appears safe as a neighbor I have no problem or concern with the town considering the pool installation to be complete without the addition of offense and hope he will relieve Tim of that obligation please feel free to contact me with any questions respectfully Candace fence scriber your concern was just that you didn't want to do the six foot fence you gonna put some fence Anyway Richard right um Tim just text me he must be watching it um he said no chain link around but he I don't know he he's saying that I think he's saying that Yarmouth you don't need the fence because of the auto cover I want there any way we can check on that pardon me it's not up to us it's up to you I know years ago I did an auto cover and it still required the fence yeah and I have I don't know of a pool that I've ever seen we in this town that doesn't have at least a 4 foot fence around it so I'm not about to give an exemption to that safety anyway you know if you you're not going to always be covering that cover every time somebody gets in and out of it um so you don't want somebody you don't want a three-year-old from down the street wander away and yeah fall in so that's the purpose of the fening um you want can we I think he he's saying well because he install he we owned the company if he was going to be concerned he should have been here number one and number two um I'm not going to exempt a statute that we don't know exists so I I I think the board is pretty unanimous we're going to require at least a 4- foot fence okay um he's saying to can can I can I withdraw the thing and come back to another meeting he he can't be here because he We're Not Gonna I don't think we're going to change our mind change our mind on that yeah okay yeah even if the state do you can tell him we'd love to see him but I don't think he's gonna change be here but they told me he couldn't come so you made him stay home okay yeah um well I I think there's ample support for your request tonight so might I suggest that we move forward with that and if you want to come back at a later date and ask for something else if you think you might be entitled to but maybe we should just address what you're asking for tonight so if I okay so if I if we say okay on that but then he so we could still come back and say oh like that we don't need like if he has proof that we don't need the fence he could come back and we could well conceivably you'd have to file a new petition but I can tell you right now that I wouldn't approve that nor any other pool in town that doesn't have a 4-foot fence around it okay I just texted I said what should I do not answer me um I think I think you're doing fine with okay ability you want that b basically you're saying though if if he wanted to he could come back and say well he could file a new petition to and that make damn sure that that 4 foot fence was up before he got here yeah yeah okay all right so we'll just do that then we'll okay we'll just do that and then if oh wait a minute he just text me no he's telling me to Cann withdraw the I withdraw the well if you withdraw it you're required to put a six- foot fence up all the way around is that what you want to do no okay I tell you what we're going to do you have the you have the ability to either withdraw the entire petition or you have the ability to ask us to rule on this I might suggest you choose the latter you're going to get what you want tonight in worst case scenario we can always come back you could come back but I would just suggest that you'd be wasting your time and your money to do that okay but I won't speak for everybody else but I think I've kind of heard that loud and clear on the board if you want me to poll the board which I'm more than happy to do right now would anybody on the board consider anything less than a 4- foot fence surrounding this pool no no no that's 5 against he said rule what does that mean that means we're going to take a boat okay if we have a motion is anybody prepared to make a motion I'll make a motion to approve the request with a minimum with a four foot fence entirely around the pool minimum minimum 4ot fence around as proposed on the plan because they have six feet as required they're only asking for Relief on those two sides sideline on the front sideline on the front will be no less than four feet is there a second to that second okay any discussion on the matter I just want to make clear that um I would not be inclined to vote in favor of no fence number one yeah and I would not be inclined to change even if they there's proof of a statute for the state I don't think that we're inclined to to change that and and I would not vote in favor of anything if this if there was no fence there okay because if you're using that to skirt you putting up a fence every day that goes by is far as I'm concerned that fence that pool needs to be fenced okay all right Y no that's fine I just want I just didn't want to do the wrong thing so disrespect you guys in trouble with him or with us so you you can't I gotta live all right all right thank you guys thank you hold on just one second um any any further discussion on the motion hearing none all those in favor please signify by saying I I any opposed hearing none that passes unanimous ly do we have any other forms of relief or is this just the Vari Varian we're modifying a variance okay so uh that's what we're doing is we're modifying the variance so this is still variance relief right um as you know there's a 20-day appeal or you may not know there's a 20-day appeal period from the time that it the decision is clocked with the town clerk technical waiting period after that Dolores will be in touch with you or you can check with her after it's clocked in she'll be in touch with you okay uh you can come over there and pick it up you need to take it over to the registry of deeds record it and just bring a copy back for our records okay okay nice to see you Brenda please give our regards to T I will thank you have a nice night good night good night okay me see where we're at here next matter on our petition is petition 5143 Holly Lemieux doing business as rout ritual esoteric LLC the property location is 23 whites path Unit 23 in South Yarmouth it's in a B1 zoning District as well as an APD in a zone two the applicant seeks a variance from section 303.5 subsection 5 subsection 3 to allow the use of an existing sign measuring 7 8 in in length where 7t is allowed is Holly here come on up hully shoot very well thanks have a seat join us here okay so let me see what you got here so you am I understanding correctly you have a sign already Yes uh my business was located on 6a in yarmouthport and I moved it to 23 whes path and we have a beautiful carved sign that already exists and it just happens to be8 inches too long okay so I'm hoping to use it okay and I would imagine it would be somewhat of a hardship financial hardship for you to have to replace this and cut the Ellie I think I paid like 2600 for the sign that I have and um it would probably be about the same to replace it for 8 inches shorter right or I could cut the ends off and that's not that's not happening so okay okay um well it seems pretty straightforward is there anything else you'd like to add at this time it dick do you have any questions yeah what's rual oh um we're we we're an esoteric uh Boutique so we do stuff uh tarot crystals um lots and lots of books on historical and religious subjects it's pretty interesting okay yeah no just curious um yeah I don't have any other questions I understand the reasoning behind what she'd like to do and uh happy to have the business there awesome thank you Jay you have a is a tarp sign up right now is that temporary is that what you have up yeah it's temporary the same size as the sign you're proposing it's a it's a little shorter so there should be um I have I busted out my best Photoshop skills and just I just was trying to understand how how large that is compared to the sign you have um so it's about the same height but um it's a couple feet shorter so the sign I have hanging up right now is six foot and um the one I'm proposing is 7 Foot eight inches and the other signs next to it don't look like they're that much larger either so I think it's okay okay all right John I don't have any questions do you have any questions and you have the support of the management of the of the of the shopping center too I saw something there's a letter there there's a letter letter Y um Mr chairman these store signs in shopping centers weren't they supposed to be um of the same style um do you remember we had a big I remember having a big discussion about it for the group sign out in front of a shopping plaz business centers business centers and they all had to be the uniform colors and and size I think they they've modified that I know years ago we had some lengthy discussions uh because we've done a lot with the sign code over the years um but I I don't think that's a requirement right now I think the uniformity looks looks better yeah but I I wouldn't expect that we'd be able to enforce it in this instance because everybody has a different size color and shape sign above their business in the plaza there I'm not saying that you couldn't but seems as though long as Management's okay whe you know I mean they would be the on they don't enforce our bylaw but so that's why I asked the chairman about yeah so I don't remember dick yeah okay I don't have any problem uh to answer your question whether they have the uh the mission of the plaza I do have a uh a letter here from Oscar Taylor's LLC yeah I had that I saw that I'll just read that into the record to may concern I Julie Manchester manager of the Union Station plaz and South yoth and office manager of the ownership Oscar Taylor's LLC do hereby acknowledge and give to our tenant Holly Lemieux of richual Boutique located at 23 l White's path the Union Station Plaza permission to represent herself in the property at a town meeting regarding usage of an existing sign and to acquire a permit for said sign at the location of her business located at the above address tenant landlord have discussed the issue and will allow the usage of existing sign if permitted we appreciate your consideration and if there are any further questions or comments I could be reached at the main office at 23 like that 82 I was uh whites path in South Yarmouth or by phone which is phone number um thank you kindly Julie Manchester manager so appears she does have the permission of the uh that says Comm sence um seem to be I think it was there originally we we had some stuff yeah the old byw made it more lenient yeah I I I think we we kind of weaked it um not me I think that's all I have for correspondence uh is there anything else you'd like to add at this time is there anyone in the audience that wishes to speak in favor of this petition seeing none is there anybody in the audience that wishes to speak in opposition to this petition seeing none uh we'll close the hearing now to the public open it up for board discussion uh is anybody prepared to make a dis have a discussion or prepared to make a motion uh I no discussion so I'd uh like to make a motion to uh accept petition 5143 is is written for a variance okay I'll second that second it any further discussion Minimus well the only thing I would say is uh it is a a small request okay you're not asking for a lot and there's no doubt that if you had to go conform with the bylaw and build a new sign it would be a financial hardship to you oh yeah I don't think by uh giving you this relief we derogating from the purpose and intent of the bylaw so I do think you qualify as such for a variance so uh having said that all those in favor please signify by saying I I I any opposed hearing none that passes unanimously that the only form of relief that you asked for I think it is okay um once the decision is clocked with the town clerk that'll take a few days we got to write it up I got to sign it gets clocked in 20-day appeal period must elapse after that you can come and get your variance from Dolores you need to take it over to the registry of deeds and record it and bring a copy back to us and you might want to give a copy to your landlord too for their records as well yep okay any questions um nope and then after that I file for my sign permit as usual correct that would be with the well you you should get a signed permit that's just filling out an application because we just gave you permission for okay great Holly I think so you don't even have to wait you can file for the permit while you're waiting for the other and they'll hold off on granting the permit okay until they get the recorded decision all right awesome I can do you can start that now thank you all right beautiful any questions that's where you go to ask she's got all the answers all right if she does building department does thank you moving right along next matter on our agenda is petition 5144 Alfredo and Janelle laalo pal laal okay good come on up and see us property location at 21 television Lane in West garmouth they're in 25 zoning district and the applicant seeks a special permit for 104.3 point2 subsection 2 to increase the ridge height of a non-conforming structure um good evening good evening um we have your petition um there was a question planning what what are you planning on doing tell us what you want to do so every time it rains um I'd like to say heavy but it's even not heavy uh we flood in the street and uh the Water gets into my crawl space and uh if it rains hard it gets two inches before hitting the floor juices okay so I was basically just looking to raise the house up to get it out of the you just want to raise the foundation yeah that's all I'm looking to do do you have a plan that shows how High you want to raise it I do did did I not give it to you that one oh no can I give you this one yeah sure come on up oh okay no that's okay that's all right let me let me take a look at this one there a full Foundation underneath now no it's block and I'd like to do um I'd like to do a port foundation so you're raising it also to meet flood regulations or yes exactly I just want to go up to the as low as I can but just to get out of the water but according to them they said I have to go up a significant amount so I'll go up to six feet is that what they're looking for yeah so I think it's currently at 5.15 I've got you at 55 on your elevation right now okay your new elevation will be 122 yes okay so you're raising about 7 feet what are you planning on doing do you have the permission of the association to do this yeah no one I've got calls from many of my neighbors saying they're in support because well I'm just you you have a homeowners association correct I do did you show them this plan no okay good I would it doesn't really have anything to do with us even if we were inclined to give you permission to do this which we may you may want to check with them because they're going to want to know what the face of this foundation's going to look like going to be up in the air they may have some restrictions as to how it needs to be landscaped or covered or something like that I think the president's here well he's the president but I don't know what type of real total Authority he has but he and maybe you don't have that I know everybody else in there is up in the air but they are you planning on putting some fill in the front uh down the line maybe but not right now I was just I don't think it's in my budget to be honest with you I just want to get out of the flood I mean I'm G to float away eventually okay how are you going to get up into the house stairs where are the stairs going to be located say I'm not moving the foundation I'm just going straight up well I I understand but where is the staircase going to be you need two forms of egress yep okay so how do you get in and out of the house right now so I have a front stairway and I have a back stairway step it looks like yeah step okay the three steps all right so in the front if you seven feet if you're up seven feet um you're going to have to come out about seven at least six feet probably away from the if you come out into your front yard setback that doesn't appear to be a problem if you come out into your side or rear setback um where where's the back door is it on the far side it's facing um my next door neighbor well you're Kitty cornered so would it be on the left hand side of the house we yes I have a picture if you'd like it we have it we we have some photos let me see where you're at because um I think we might need a little more information because if if [Music] you certainly need to raise that up yeah the back where's that here's the back picture so you you're in the backyard with your back door my back door's in the backyard okay so you're going to be seven feet up in the air how are you going to come out and I mean are you you're going to eliminate your patio where your slider is yep what are you going to do coming out of that door simple set of stairs so you're gonna have stairs coming out of the slider and you're gonna have stairs coming out of the back door yeah they have stairs they have a step right now coming out of the backs slider in the back door so I think I'd have to do five steps or six steps um you'd have to do more than that I think yeah um well at least but then they're going to come out on your back are they going to be made out of wood um TRS maybe we consider that to be structural so you're going to come out that back door well off the slider that corner you're only 11 feet 8 in so you're going to be into your setback you're on a corner lot you have two sides you have two fronts um it would be a side setback for the rear it would be a front and your side setback you need 15 feet uh more like 10 at most to go sideways well you might be able to C well a landing coming out of there has to be four feet off the house okay by code um and then you're going to have to have stairs coming off of that uh now you might be able to go the stairs to the side and come back into the back of the the backyard so if you come out of your slider and you got a 4 foot landing area which is going to be a small deck instead of coming straight out towards the backyard you might go to the side probably towards the inside because the outside's going to put you over there your septic system is M um who's uh all right so basically you've got a foundation plan You're just showing I I think we're going to need to have another plan that's going to show your staircases coming out okay and distance to the sidelines and distances to the sidelines yeah that's that's relief for that too yeah yeah you're going to need relief for that as well um in terms of the exposed Foundation um you want to cover that you know generally what we do in situations like this is we require something to cover that or a grade to come up so it conforms with the um the neighborhood I'd be happy raising the grade I I wasn't really planning on doing it now but I'm happy to raise the grade if if that makes easier uh with setback but another alternative you might have is have you seen the uh horizontal shiplap the like 1 by 12 white boards they got the little nickel space in between them yep a lot of people are using that to cover the foundation it's it's a nice finish oh yeah I wouldn't leave it just a cement I would definitely I I I try to keep things neat I would definitely try to put something there okay okay I I'm you know not not looking to do it down and dirty I'm just looking to get out of I mean we literally flood every time it rains we clearly have a flood issue we actually run into this quite a bit because you you everybody wants to get up but usually it's a raise and replace rather than just r i s e it's r a z that we see more often what knock down that most people tearing them down but if you want to raise the house that's fine um but I I think what and I I'll confirm this with the board is everybody in agreement that we need to see uh plans as far as your I would not be ready to to to give the relief without seeing where how much relief we're giving uh for the sidelines and that might change what response we might get from a Butters and and I would suggest you check with your Association to see what they're going to if anything require of you I'd be surprised if they didn't by all means I'm happy to stay where I am if my Association would fix the flood issue well I'm just saying that's not happening for three years you're in an association There are rules and regulations and I don't know what yours are yeah um so this is what I think we're going to need you to do is we're going to need you to take this plan and we're going to need you to show us where the stairs are going to come out actual drawings of the stairs uh including any Landings and we're going to need to see that on this plan that should shows them how far they are off your setbacks okay okay can I just ask a question so would it make things easier or better in a sense if I were to raise the grade well we're still going to have to see where your Landings are going to be that's what's the most important thing to us but if I raise my grade I wouldn't really have big Landings or many steps I mean well what you would need to do then as you see this plan right here yep this usually has elevations which this one doesn't it should have the actual elevations of the street which this doesn't I think it does on the corner small writing I have a bigger plan if you want to read it well you may okay um but you've got an elevation of well you might have a bigger plan but it's not on the plan that we have normally where you see a 55 on this Foundation you should have what the elevation is on the grade the existing grade right now of Y lot so we can actually see how tall it is it's probably about 55 because I was over there and it looks like your foundation's right on top of the ground so it's it's probably about that but what we need to see is we need to see you've already got a foundation we know that we need your Landings we need you the the pictures of your staircase cross-sections and we need to show those on this plan that show how far they are off your setbacks from your lot lines and I'll do that happily um but would you guys be opposed if if if I'm going to do that I mean I'll price out how much it's going to cost me to raise the grade if I come back with raising the grade well you can raise the grade but you're still going to need to have Landings and stairs yep if you want to raise the grade that I mean if you want to do that that's fine if there's no plan to raise the grade then I for one am probably going to require you to put the vertical the horizontal boards around there just for aesthetic purposes yeah I mean eventually I was planning down the road to raise the grade but if I have maybe I'll try to dig up you might find it you know you might want to have a deck in the back rather than another p on top of the grade might be limited on being able to do that and you might be limited on be able to do that I mean in your front yard you can do it but your sidey yards you're I mean you can't raise the grade six feet when you're only eight feet from your sideline it's going to be like a cliff right there yeah no I mean I think you we'll we'll leave that up to you but right now we just need these other things okay so you want to see the design of the stairs or raised grade whatever it is with the platforms and depending on what you choose to what the finished grade is going to be is what we need to see how many stairs are going to come off if you're going to go with the finished grade right now then you're going to come off four feet you're going to build a staircase if you went off that um you're going uh out about nine you're s feet in the air you're probably at least five feet off those okay so you're going to be into your setbacks the least you're into your setbacks the better for you okay but I think you could like I said before I think you could design it so you could take your staircase and bring it say from your side well you're gonna have two staircases in the back yeah so you might want to play with that but bring them both in towards one another yeah I'll look at the grades to yeah I really wasn't planning on it but I'll look at it so uh would you like us to how long was it going to take you to have this done um so you want to civil and a structural again we we need to see the yeah these have to be all stamped and everything okay um I don't know maybe a month or so I I would say next meeting but I'll be away I don't think we can put you on on the next meeting anyway what's the earliest meeting we can put them on the next available would be January 9th January 9th okay um we need to have him sign an extension yeah okay we can put you on January 9th okay okay um and we would need you to sign an extension agreement with Dolores what's that me well we have to we have to rule within 65 days oh okay we're gonna probably go beyond that if we don't if we don't do that then you're automatically approved it's called constructive approval so we make you sign the agreements okay yeah very um the deadline for materials is December 18th the deadline for materials for that hearing is December December 18th do you think you'll be able to make that or December 18th yeah yeah yeah that's fine okay all right so um is everybody in agreement that's what we'll do is continue him over makes sense so um anybody prepared to make a motion to continue this matter until January 9th for further hearing and materials no moved have a second second okay any discussion hearing none all those in favor please signify by saying I I any opposed hearing none uh if you could just sign that extension agreement before you leave and we'll see you January 9th yes okay thank you thank you guys all right the next matter on our petition is petition 5145 winfer Ortiz Martinez 34 Hoover Road in West garmouth it's in an R40 zoning District the APD in zone two the applicant seeks a special permit for 202.5 use p7a use to allow a family daycare for up to six children do we have the petitioner here now stood up no nope she forget to come possible remind um that's already already oper writing could be yeah a let me take a look here for a second yeah what we have like a good place to yeah is it's got a good our next hearing date you mean January 9th is the next open one is that you're saying she going to go beyond the 65 days with that though it's it's possible yeah I tell you what we're not going to rule on her right now well I'll tell you what we're going to do we're going to have to uh we're going to have to dismiss her petition yeah but we we we we don't know okay um petitioner failing to show for the hearing as advertised and published um the board having to take action on the matter um entertain a motion to dismiss the petition for failure to go forward Z moved second second any discussion hearing n none all those in favor please say I I I any opposed sharing none that carries this petition is dismissed can she reapply within the two-year period yeah yeah that we didn't take any um all right next petition is petition 5146 from aldoo cor right okay I'm doing well property located at 60 Grand View Drive South Yarmouth it's in an R40 zoning District the applicant seeks a special permit for 104.3 point2 sub paragraph 2 Andor variance from section 203.50 besid setback relief increase the height of a pre-existing non-conforming structure good evening good evening um identify yourselves for the record Place sure I go by aldoo just to make it easier Al and with my wife Sy Roo hello how are you tonight thank good thanks okay let's uh let's take a look at your plan here all right tell us what you want to do we see a beautiful house here um so uh I guess what we're hoping to um obtain a special permit to reconstruct our home over at 60 Grand View basically we're going to take the home down to foundation and bring it back up with an additional second floor um as well as an uh extra piece on the garage a back porch and then um there's a pool and some Hardscape in the back as well okay we've been through kcom y we did get an order of conditions yep we have that in our package we have your order of conditions okay so you're all set with them um all right okay let's see what you got here very pretty house right pretty familiar with the lot over there um is there anything else you'd like to add right now we're going to have to go for some some questions from the board members may have some anything you want to add right now no no thank you okay do you have any questions for the petitioner so it's not constructing a second floor it's raising and replacing is that correct uh to the foundation so we're going to leave our existing footprint and foundation in place yeah um but I'd like to take those first FL walls out if we could I'm just wondering it was it was advertised as constructing a second floor in the structure not a raise and replace does that make a difference um [Music] well let's take a look at the BW the short answer is I'm GNA have to take a quick look cover uh are but are they well I I think if they're the same section of the bylaw believe they are then we may the height uh well that's one of the as long long as they're not change extension or alteration I think they can uh let me just look at something here I think they can probably proceed because they're they're asking for the relief it's it's really just semantics I mean I understand what you're saying it's Tech I think it's separate well they're asking [Music] to it says altered extended or raised and replaced or raised and replaced okay that's the number two says yeah so it's all even though they didn't ask for rais and replac but that's doesn't matter if it's all under the same they hit the right bylaw okay quot I I I I think we're probably I just raised the issue for potential oh no no I I I hear what you're saying um 1043 22-2 it's yeah it does say altered extended or raised and replaced and you're also looking for side side setback Rel okay all right well okay I think we can proceed okay all right all right so um are there any um correspondence is there any uh that I don't know and there is a neighborhood association do did did you run it by them at all we did so uh before we went to conservation we run it by and um the president Zach and he ped the whole place and I guess everyone was a it's a it's a great looking plan I mean it's really very attractive very nice it's for the neighborhood yeah okay let me just see I know a few people in the neighborhood and I haven't heard anything from anybody so that's that's a good sign yeah I think they're happy that something's well it was derel for a long time so a great neighborhood super you'll be very happy there any other questions there nope John no what's the actual height of the uh the building so um it's going to be 34 feet yeah the architect kept it one foot uh below the allowable 30 it doesn't Count's your architect see 35 oh it's ad up in the corner from the bottom of the foundation anyway and from the yeah good work thank you assuming that's the grade it certainly looks like yeah it's going to be a beautiful home about that a nice area I don't have any other right okay um go ahead Jay um I just wanted to see if I could on the on the uh the pl the site plan um you're not really getting any closer on the if you're looking at the house on the right hand side you're at 154 right now I think is that correct correct yep and so you're just going to extend that forward a few feet at the same distance from the side set back correct yep and the distance to the front of the house from do that new addition how far is that say that one more time I'm sorry distance to that new addition you're going to add to the front of the house on that on the right side it's 15.4 15.4 to the side yard y to the side yeah but I'm looking from the front oh to the the front yard to the street oh there 35 feet 35 they get plenty so really the only only it's really just extending extending the current set garage out in the front yeah extending the current one everything else looks like and and right in here in the porch right in there where where you see those diagonal lines that's what they're doing there correct yeah right that's extent but that's not that's not closer I guess is no but that's where they they're going to add to the foundation yeah and conom didn't have any trouble with that no no and uh okay um no it's 34 feet in height from grade from grade so I don't have any other questions that's it okay um yeah I don't have anything are you raising the height of your foundation um I am 10 inches oh 10 is that all one course a block oh okay that's all yeah thanks no you get pretty decent elevations on those lots right there you really do they they're not low they're beautiful Lots right there yeah um no I uh I I don't really have any questions it's uh pretty well self-explanatory I think it's a beautiful design I think it would fit very nicely on that lot and it is a beautiful lot I'm very familiar with it where that Center window the with the eyelid is is that space up in the third floor two or or just Attic So that's just attic just an attic just an attic so there's not stairway up to that space or there is we're going to have a Stairway going up okay but not not finished it's not finished space would you um be amable to a restriction on the use of that third floor space for just storage yeah absolutely I think that'd be comfortable with that I the uh the building department won't allow them to have anything but storage up there yeah they won't I've run into that myself actually house I just built uh okay uh any further questions from the board anything you'd like to add sir thank you man a few words gravity's good um are either one of you two in the back there in opposition to this petition okay somebody behind the podium in favor no I don't have any opposition are you here on this matter ma'am no okay um last petitioner no okay uh well I don't have anything um I think it's a very nice plan I think they meet the criteria of the bylaw um I think it'll fit in very nicely um and I don't have a problem with it at all anybody else uh prepared to either make a motion or begin a discussion on this matter I move to approve as submitted okay excuse me Mr NS is that the variance or the special permit special permit I can understand special permit correct perm yeah they don't need a variance so you don't he no okay so uh we have a motion to approve the special perm as requested no conditions we have a second made by Mr frea any further discussion on it hearing none all is in favor please signify by saying I I any opposed hearing none that passes unanimously there is a 20-day appeal period after the decision is clocked with the town um after that you can pick up your special permit from Dolores take it over to the Bible registry of deeds and record it that's a technical waiting period that I don't see anybody appealing the decision okay I wouldn't worry about that thank you very much you have one other form of relief you've asked for variance you don't need the variance so what we would ask you to do is to request that you withdraw the request for variance without prejudice which means if you ever had to come back you can but otherwise we have to rule on it we'd rule against it because you don't need it so would you like to withdraw it without prejudice okay we have a motion so moved second second any discussion hearing none all those in favor please signify by saying I I any opposed hearing none that's withdrawn without prejudice you're all set good luck thank you all right good evening good luck Again by Spring I don't know yeah maybe maybe spring at 25 or 26 G build that one in 90 days got minutes um have a motion to approve minutes from anybody motion to approve the minutes for October 10th October 24th I'll second that any discussion hearing none all those in favor I any opposed hearing none those minutes are approved we have another stain Mr chairman okay since I was not at did both oh you did bothe Ry very efficient was I supposed to do one at a time matter okay good doesn't matter there I'll it okay motion to adjourn don't move second right favor Cher