e e e e e e e e e e e e e e e e e e e e e e [Music] [Music] [Music] y [Music] welcome everybody to the March 21st 2024 meeting of the zoning board of appeals in chadam pursuant to govern hey's March 29th 2023 signing of the acts of 2023 extending certain covid measures adopted during the state of emergency suspending certain provisions of the open meeting law until March 31st 2025 this meeting the chadam zoning board of appeals is being conducted in person and via remote participation every effort will be made to ensure that the public can adequately access the proceedings as provided in the order a reminder that persons who would like to listen to this meeting while in progress may do so by calling the phone number 1508 945 4410 conference ID 209 885 997 pound or join the meeting online via Microsoft teams through the link at the posted agenda while this is a live broadcast and simoc cast on chadam TV despite our best efforts we may not be available we may not be able to provide for realtime access we will post a record of this meeting on the town's website as soon as possible in accordance with the town policy the public can speak to any issue hearing or business item on the agenda during the meeting when recognized by the chair um to authorize this form of meeting we'll start with with a roll call vote of members um Steve Steve dbor is present J I'm sorry Lee hav is present Ed Acton present and Randy partes is present and we all approve this uh sort of meeting um so the meetings are conducted as follows um we ask of any citizens or non non board members participating in the call via the phone only um give their name and the last four digits of their phone number for identification purposes first the hearing notice is read by staff Sarah Clark and then um you are your representative um presents the appeal or application anyone in favor of the appeal or application may speak for up to f up to five minutes there's going to be a clock and that's a time limit um I may read or summarize all letters received received by the board anyone against the appeal or application may speak or ask a question and that would be a 5 minute time limit for that as well um the applicant can rebut testimony board members may direct questions to anyone present board the board hears any further information closes the public hearing then uh we deliberate and the board votes on Appeal on the appeal or application there's a roll call vote um all votes a roll call vote and at the end of the meeting um we close it with a verbal confirmation and we note the time of adjournment um we don't have any minutes today I don't think we do so voting today will be the five of us that are here unless and until the other two members arrive and then we're going to change that around a little so um here we go Application number 24-11 Kindler car of William G litfield Esquire 330 Orleans Road North chatam Mass 02650 owner of property located at 55 lenel Lane also shown on the town of chadam successor map 16j block 1A lot R2 the applicant seeks to enlarge extender change non-conforming accessory structures Playhouse storage shed and Spa and accessory me exterior mechanical system Appliance on a non-conforming lot via the relocation of the accessory structures and and exterior mechanical equipment and the removal of the spa and construction of a swimming pool the existing shed is non-conforming and it is located 18.8 ft from the Northerly AB butter and 19 ft from the Westerly AB butter the existing exterior mechanical system Appliance pool equipment is non-conforming and it is located 12.4 ft from the Northerly of butter and 23.3 ft from the West trilia butter the relocated playhous storage shed will be non-conforming and that it will be located 19.4 ft from the westera butter where a 25t setback is required the relocated pool equipment will be non-conforming and that it'll be located 17.9 ft from the north liia butter and 19.6 ft from the West liia butter where a 25t setback is required all of the structures will be non-conforming and that they are located within the coastal Conservancy District flood plan elevation 13 where a 50ft setback is required the building coverage will remain non-conforming at 2,971 Square ft where 15% but not more than 2,800 ft is the maximum allowed the lot is non-conforming and that it contains 610 ft of buildable Upland where 20,000 ft is required the lot contains 45,3 54 sare feet in the r440 zoning District a special permit is required under Mass General Law chapter 4A section 6 and section 5B of the protective bylaw attorney Lichfield welcome thank you good afternoon Madam chair members of the board Bill Lichfield on behalf of the applicant Pamela Kindler with me today is Lauren Cronin of Gregory Lombardi designs who can certainly speak to any environmental questions that he might have uh Lauren has been involved along with Bob Perry uh of Cape cot Engineering in this proposal I know that you did a site visit and I trust you did it at low tide uh high tide site visits can be interesting unless you stop at Mr Acton's house for a dingy or a kayak but uh the property has been owned by Mrs Kindler for almost 20 years um and she would like to make some changes which are actually rather simpler in fact than the hearing might hearing notice might lead you to believe there is as you know a uh shed or Playhouse constructed a number of years ago there on the top left labels an accessory building by the cursor and Mrs Kindler wants to relocate that slightly make it less non-conforming she would also like to expand the existing Spa into a swimming pool uh part of the reason for doing all of this is grandchildren uh so we are seeking your permission because we have a number of non-conformities when the house was built uh 50 or 60 years ago uh it conformed in every regard uh the lot itself was originally about 5 Acres there was an extensive salt marsh on the uh water side of Lenell Lane which is now down in anet sound uh but we still have a good siiz lot I think the hearing notice said 45,000 Square ft uh in that hasn't changed the landward sign of lenel is still there but much of it is now within the flood zone because the change of the flood maps in 19 in 2014 so to go into the criteria and and again Lauren can answer any questions he might have about the land use plan uh as to adequacy of site including building covered and setbacks we have a large lot at least on paper but with a shortage of buildable Upland which is common to the entire neighborhood uh when the house was built as I indicated about 50 years ago it conformed in all respects but not withstanding the current nonconformities as to lot size setbacks and buildable uplet the site is adequate for the existing structures if you approve the special permit that will remain the same the site is adequate for replacing the uh spy with a swimming pool and the relocation the playhouse and the exterior mechanical Appliance systems uh that they're going to be re relocated thank you Sarah from one location in the Northeast to another location in the Northeast but both the playhouse and the uh generator uh condensers pool equipment actually will be less non-conforming where proposed to be cited than when they are at present there's no change in coverage in the pool itself as I indicated complies as compatibility of size on the third page of the handout uh we have the the usual uh showing of comparable properties we have the largest lot in the neighborhood but with a somewhat smaller house than those are neighboring properties with a footprint of just under 3500 Square ft that's not going to change of course it is comparable to others in the neighborhood if you can approve if you approve the special permit you can do so based on a finding that there will be no change in the size of the house or the out buildings and the playhouse will be located further from the sideline than at present as well as behind a cedar row I suspect you walked around and you saw that it's a fairly isolated location as to the extent of increase in non-conformity there are existing non-conformities as Sarah read there is no increase in non-conformity the Northerly Playhouse enro encroachment toward the sideline is completely eliminated and the uh encroachments of the pool equipment and the other side of the playhouse are decreased in proximity as a suitability of site the house was built under prior land use regulations as I've said Conservation Commission heard uh the proposal in January uh Lauren again can speak to that the letter that they have uh indicated that that you will have the chair will read indicates that they can issue an order of conditions we will continue to work with the Conservation Commission in regard to the uh pool surround we are proposing to address one of their concerns that the surrounding area patio be dry laid so we think that as the letter indicates that it can be conditioned as to scale sighting Mass Fus and vistors the scale and mass of the house are consistent with the neighborhood so without impact on views investors the term streetscape may not really apply to lenel Lane it's somewhat limited uh but the scale and mass will be unchanged The Proposal is without impact on the streetcape the changes again are at the rear of the lot behind the cedar row and other vegetation as well as set far back from Lenell lane or chadam Harbor which are essentially interchangeable terms as compatibility of site it's a residential use that will continue we have as to adequacy of sewage and water we have Town water and a Title Five for four bedrooms a new septic system is shown in the plans that you have is being installed as part of The Proposal there are no issues as to traffic flow or safety all utilities are present in the neighborhood the question as you know is whether the proposed relocation of the playhouse relocation of the uh pool equipment uh without a change in Gross floor area or living area is substantially more detrimental to the neighborhood than the current non-conforming structur plural on a non-conforming lot the relocated shed and pool equipment again will be less non-conforming the pool itself complies with setbacks almost all of the lot is within the AE flood zone as is the house itself but the changes are not visible from a public way and are shielded from a Butters so in light of the criteria and the plans in this location I think that you can find the propos those changes are not substantially more detrimental to the neighborhood and Lauren or I would be happy to answer any questions that you might have thank you so does anybody here or on Microsoft teams have um would like to speak in favor of this application please make it known I don't see anybody I will read the two correspondences that we have um the first one is from Judith Georgio the health agent on March 14th 202 24 I have reviewed the plan to add a pool and accessory shed to this property the new pool will necessitate a relocation of the leeching field as proposed a permit application and plans must be submitted to the health department for review the plan looks acceptable and then from uh the conservation um agent on March 1st 2024 um that letter says the project was heard on January 10th 10 2024 at the time the commission requested some changes to the project including a decrease in the size of the patio the project will be conditioned to meet the performance standards standards under the Wetland protections Act and the town local Wetland bylaw chapter 272 there under if approved um is anybody here are on Microsoft teams that would like to speak against this application please make it known or has a question nope seeing none questions from the board David V please I have no questions uh no questions Steve um the only comment I have is I guess it's probably a good idea that you're moving that shed uh might buy you a little bit of time um there's I see that there's a 16inch oak that's being removed I I guess this is probably more of a conservation issue but is did they request any sort of remediation or or mitigation I could ask Lauren to respond to Lauren Cronin from Lombardi design um they did ask we are have a whole mitigation plan that includes replacing oak trees and so as long as that's they're they're handling that they're aware of that and yes okay and is there any kind of offense or what what's the protection over the the pool is there protection around the pool or there is an auto cover on the pool um which will in chatam can take the place of a okay um pool and closure friends okay and the health department requests uh are going to be or have beened yeah the plans for the septic system have been developed but not submitted pending what we hope is your approval right as long as that's being taken care of thank you that's it thank you Lee no questions no questions okay uh how about a motion I'll move to um close the hearing move into deliberations and would you like to second that sure add act and second all right Steve um I I I think no no it would just be yes yes um okay yes yes was good I vote Yes da feed chotes yes and yes and I vote Yes as well now deliberations now go ahead Steve okay um I don't have anything else to ask I think it's a it's a good project and um you know I think you've addressed all the issues so good luck thank you and Lee yeah I feel the same way I think um it'll be nice um I wish you the best of luck and I I approve okay d uh certainly not substantially more detrimental to the neighborhood and it meets the applicable criteria and U I'm happy to support it and um the same not substantially detrimental in the neighborhood I guess I do have one question um the mechanic I there's a generator um maybe a heat pump for the the shed or air conditioner and the pool equipment are those going to be raised to be FEMA compliant because you are in the flood plane or has any thought can put into that I can't tell you unless Lauren can answer I can't tell you off the top my head whether they have to be uh raised for FEMA compliance but I'm sure Mr Briggs will tell us if they do need debate Mr Briggs it's not a substantial Improvement doesn't qualify as a substantial Improvement so although it would be nice if they were elevated they're not required to be elevated would that be in their best interest to elevate them I would think so we appreciate that comment we'll pass it along thank you all right anything else Mr a no no I think it meets uh the 12 criteria and um I'm not a big fan of pools but I don't think it'll be substantially more detrimental to the neighborhood and uh I would vote Yes so let's take a vote and uh so and I would suggest that I don't think we need to apply conditions uh to to this uh no you have your own neighborhood there it looks like yeah and uh all right so let's let's vote on this then well so I would move I would move approval of the application as presented with without further without without any of our usual other conditions Ed can you second that please yeah Ed act and seconds it job to and let's vote Steve Steve theor votes to approve Lee Lee H votes to approve V votes approve and Acton votes to approve and as do I it's unanimous thank you very much thank you for coming all right so whenever you're ready Sarah we'll go to 251 CW Road application number 24- 015 three fins coffee roers care of Ronald reic 120 owl Pond Road Brewster Mass 02631 Le SE of property located at 251 croll Road also shown on the town of chadam assessor map 13g block 4 lot 2C the applicant proposes to incorporate a light industry and Manufacturing operation chocolate manufacturing and cold brew coffee production within a restaurant coffee shop in a general business Zone which requires the grant of a special permit the lot contains 1.23 acres in a GB3 zoning District a special permit is required under Mass General Law chapter 4A section 9 and sections 3 C 4 C1 16 and 8 d2b of the protective bylaw okay so Mr reic I presume yes and who do you have with you this is C the other owner of three F coffee all right well welcome so thank you for having uh one thing to note we when we applied we were going to lease the space we have now we are now purchasing the space okay good to know yeah I don't know if that makes any difference but um as uh we've requested we want to add our cold brew production and our Bean of our chocolate manufacturing at the new location uh out of the 9,000 square ft about 7,000 is going to be dedicated to the coffee and the chocolate space 1,200 of that will be the pure chocolate space which is the yellow uh Zone area the Blue Zone area is going to be our C Brew production currently we do that over in West Dennis and we're out of space so having the additional room for the cold brew is going to be really key uh that's all room temperature brewed uh kegged and then delivered to our wholesale customers throughout New England um not a lot of water usage except for Brewing it a lot less than the pool uh cleanup is minimal when you clean the kegs uh we have a very large septic system uh that is more than adequate for the flow on the chocolate side the chocolate doesn't look like water at all uh it will seize up in a minute uh so in the actual production of chocolate we don't use any water we try to keep water as far away from the production area as we can there is some cleanup of some of the different vessels that uh end of production periods um but again it's minimal uh because I say chocolate is not a big waste product uh when you look at the impact our big waste product out of that is cocoa husks when you roast the the cocoa bean uh you actually go through a cracking and winnowing process to take the shell off and separate that from the uh cocoa nibs so we have some really nice Garden material that we'll try to make available to the community as far as cocoa husks to use your garden um other than that there's not a lot of waste that gets made into a bar um see what else going through you have the criteria in front of you I have the criteria there's 10 criteria right so like I say we'll be using about 1,200 square F feet on the space out of you we have a total of 9200 square feet in the whole building the lower level we're going to save for a later date for leasing out uh out of the 7,000 squ ft above like say we'll be using 1200 S ft the rest will be our coffee house and our seating uh I say the uh space is going to be totally renovated you know the adequacy is going to be great we're uh going through uh you know basically tear down back to the studs new insulation new a HVAC system and air conditioning uh updating the Electrical uh updating the plumbing to you know be suitable for our needs so we should be good to go impact on the traffic flow for those two uh portions of the business uh we'll have a few employees uh full-time and then probably a few part-timers coming in we have the parking space so the minimal impact in the the area for that uh visual visual impact we're not changing the exterior we're not adding to the building we will be repainting it and new roof on it so actually going to improve the appearance of the current building uh sewage disposal I say right now the septic was designed for a large pool gym uh we're only need a fraction of the capacity of of the existing sewage system same with the water we have minimal water needs uh noise and litter uh really no I would say no appreciable noise uh in making the chocolate or either the cold brew it's a very quiet process um and our hours are 7 a.m. to 5 p.m so it's not an evening disruption to the neighborhood right uh say the litter from the chocolate or the C Brew C Brew there is uh coffee grounds that are made from the the C Brew making again that's a compostable material that be made available to the community uh like over at our current location we have a farm uh that takes our uh coffee waste uh weekly we'll try to do a similar Arrangement you know for our coffee waste here I say in the cocoa nibs or husks are really nice for the community so try to make that available uh compatibility of the proposed use with the surrounding land um I think it's a great a great ad you know when we roast the the cocoa beans it smells like Brownies so if you're walking by you'll smell Brownies so I I see that as a plus but um you know we aren't impacting the external uh vegetation at all I say that's um you know we'll be improving the the landscape AP around the building uh from what it currently is there's a lot of overgrown vegetation over the last four years so we'll be cleaning that up as we get ready to open also as part of the previous approval process that we have we're actually going to be improving drainage on that side which has been a problem in the past um and complaint so that is something that we will be doing as far as um improvements to the actual site I see and as far as the impact of the community uh neighborhood and town visual characteristic like I say you know we've got a very I would say nice aesthetic as far as how we design our spaces that is actually going to be a nice addition to the you know chadam Community uh we kind of have this industrial surf VI Beach Vibe going on if any of you have been over to the West Denis location uh it's a big Community Gathering space you know the chocolate space is going to be behind glass walls people will be able to see it we're going to do you know tour and classes and that you know so we really want people to see you know how is your chocolate bar made and you know bringing in guest uh uh chocolateers to make like Truffles and things like that so it should be a lot of fun it's going to be a nice addition I think to the community so that's about it all right so you're not a um a formula business establishment by definition correct correct okay we're a bit unique yeah right right um all right so so at this point uh does anybody here or on Microsoft teams um um wish to speak in favor of this application please indicate if so seeing none um I will read the correspondences and there I think there are five now Judith giio our health agent on uh March 13th 2024 I have reviewed the plan for a special permit to convert the property at this address to a coffee Rooster coffee shop The Proposal is an appropriate use of this property discussion with the owners regarding the requirements of the food code for the design of the food preparation areas have insued the property has a specific system that is adequate for the business and no additional flow over is in its designed capacity as proposed I have no concerns then then from let's see the planning board heard and this was on um March 12th 2024 the planning board heard a site plan Amendment for this property at the January 22nd 2024 meeting and voted to approve with conditions um that the change of use the conditions of the change of use from commercial recreation a health club to a restaurant and light in light industry and manufactur in so meaning light not a lot um okay see March 6 2024 we have a letter from the um conservation I believe what minute what's this one oh I saw chrisan okay good morning attached you will find a parel balance for 251 cor Road they still owe a small amount towards the first half of the real estate there is also an outstanding water bill I would like to thank you in advance for your time and assistance on this matter have a nice day we've uh brought that up to our our closing attorney so that will be sure taken care of before we close in the property okay and all right let's see this one is from Robert and Elizabeth croll and they don't have a deed on this we receed but we received that March 5th March the 5th okay dear Zoning Board of appeal he S as a Butters to 251 craw road we welcome and approve the three fins Coffee Roasters and the prospect of a thriving business to this property unfortunately as a Butters of Jason and Kathleen NY owned property we are very Leary of any promises or agreements presented by them we have been asking for years for their cooperation and maintenance of the broken fence and rotted trees um that litter our property and present the danger um of injury the knives are usually unresponsive and not honest we respectfully request that the dead trees be removed to prevent further risk of harm also that a fence of proper height be installed to screen the parking lot and the proposed outside seating area we look forward to having a coffee and chocolate um business next to us and wish Kathleen and Ron all the best thank you for the opportunity to respond and please feel free to reach out with any questions questions or concerns we'll get to that later and let's see this is from yeah this is from th Eldridge um dear zoning members I have granted permission for Mr reic to use the plans for a prior from a prior property owner for the purposes of planning and permitting I wish them nothing but success with their Endeavor I also look forward to enjoying their coffee that's it all right is there anyone here or in Microsoft teams that wishes to ask a question or speak against this application if so please indicate no this a good time for him to respond to the letter yeah he can resp yeah would you like to respond to that letter about someone else not to you yes no problem we've we've spoken to the crawls when we were up U on one of our numerous site visits there and you know I totally agree with them there's some dead trees that you know we already discussed with them that need to come down you know clean up along that property line the fence is um an eyesore to say the least so that is already planned to you know work with them on a new fence get rid of all the dead trees clean that that whole property lineup I say the the basic Landscaping on the whole property needs maintenance some some maintenance okay so questions from the board dve yeah so and and I just wondered curious in in that letter the Cs referenced um a patio area but I didn't see that indicated we haven't we haven't figured out exactly what we're going to do with that once we kind of get in there and see how the layouts going to be we'll come back and say Here's kind of where we're thinking on the site plan you know and ask for approval on that okay um yeah that's the only thing that that that I had noticed so yeah if I could ask a Building Commissioner do they need to come back about a patio I'm not sure I would I would confer with my colleague Sarah Clark on that so if they're going to be doing outdoor dining with service out there they would need planning board approval for site plan approval um they will need approval from the historic business district commission for any signage patios outdoor areas those any changes to the structure or site aesthetically okay yeah cuz we were thinking you know some travel with a few picnic tables okay so we can we'll bring that up with the historic district thank you Ed questions uh no questions no questions uh Steve um I had a couple questions one you you kind of touched on was the uh the hours of operation then you mentioned it was about 7 to five um I'm I also know that you're GNA I I see a loading dock plan so I expect that you're going to be receiving and shipping bulk items what we get our we get our supplies for the coffee house up there so we get our milk is all in glass bottles so we have our dairy uh deliveries we have uh Frozen ready to bake pastries our paper goods come in and then you know about once a month we have a bigger truck coming in with uh pallets of cocoa beans okay so is is that a you know during the day kind of thing or an early morning thing it's during the day usually the cape God Express gets there like two two in you know 3 in the afternoon in the afternoon Okay the reason I'm asking is because you you you're sort of surrounded by Residential Properties and um you know I'm really hoping that you're going to be very respectful of their privacy and their and their you know that you're not going to be uh there's not going to be trucks beep backing in near 5:00 in the morning and everything else we've got yeah deliveries uh see what's so deliveries never come before 6:00 a.m. and they're usually the very first delivery might be about 7 or 7:30 in the morning because we're not there to accept it um and we only get deliveries like once a week from any of our vendors and the vendors there's really only like three primary vendors so you would see three trucks and they're the smaller trucks we don't we don't get the big semis in there it's like a little box cube truck that comes in and so we don't get all the beeping and the heavy diesel Noise Okay and then the last question I guess I have is that um I guess on the as you drive in on the right hand side there's a mention of an existing grass parking that uh was a previous um easement that had been granted but the uh terms of the easement where once it was sold or released the easement is gone all right so you have no plans of using that correct no we got plenty of parking okay thank you Lee questions yes hi um and how many parking spaces do you have available to for customers once maybe 42 42 yes wow okay thank you so my question is about the pool in the back um are you going to uh attempt to use that for seating or it's going to be seating the pool is I'm going to have the Building Commissioner uh chime in on that on that notion and I've spoke Spen to the applicant about this before but uh one of the reasons the health club closed down was for Ada accessibility to the pool into the lower level they're not using the lower level but the seating will need to be able to be accessed by disabled persons so they can you bring the plans up real quick sure thank you and the laser that's not the laser point oh yeah it is so what we've done is right here there'll be a platform and the ramp is going to go along here to meet the ADA requirements dropping into the pool for the seating area I do have updated plans we are going to submit that with our building permit application do you have any comment on that U Mr Briggs no that's fine it's just that the um disabled persons are entitled to sit anywhere in the restaurant that anyone else would be able to sit so they need to make Provisions for access to the lower level inside the pool state law yes yeah we weren't originally we thought have having the two Ada spaces you know percentage out of it was adequate but yeah there's always something always something that that that one's easy to correct so sure sure um anybody else have any questions did did did I ask you already I already forgot I don't remember I for I think I I you know I asked a question I do have another comment but but just uh um just as a comment and and take this as as um a suggestion perhaps for you um I I I don't remember exactly but I you know I spent some time uh swimming in that pool and and going up and down and in and out of that club and all I remember is is suggesting to the the current owner the one you're purchasing from that I thought that they could really improve the staircase that goes up to the entry I agree and because I think it's either like this something is wrong something in the in the width of the steps they'd be better off to to to make it a Stairway that meets the the the the height the Riser rise and and run of it because the way it's stretched out it's just an awkward access and I would suggest you that you look at that and look at ways to improve that access yeah CU right now it's a a wood sleeper with a bit of sleeper and grass and it isn't all equal stepping what we we thinking of doing is keeping the wood sleeper but then actually putting a piece of blue stone and you know getting all the the Rises equal going all the way up yeah but I think the other part of it too might be because you know I've built some stairs in my time the other part of it might be that the that you know it's been done to to meet that slope right but part of that then is that you end up with more than a step between the Rises correct so it ends up being kind of an awkward like stride and a half between the Rises whereas maybe if you compressed it and you know put a retaining wall and and you would be better off with it meeting the the the rhythm of a steroid I mean that would probably be very doable we're already need to work on that slope to put in the 88 ramp yeah access so you know maybe cut into the slope a little bit do more of a normal staircase with a platform up at the top yeah it's just something I would suggest you look at I think it would be an improvement for folks getting we'll talk to our Builder I mean that that I mean I had been looking at that I've walked up that quite a few times I'm like it is a little odd so good so it's not just my imagination I'm glad to hear that okay that was it Randy thanks did you have anything else no what about um I forgot to ask about Mechanicals and Generator and all that um we've got uh right now the plan is we're ripping out all the current HVAC all the uh pool plumbing and every we don't need pool plumbing and all of that and that was all in the mechanical room in the back that is all getting gutted uh we're putting in uh two brand new high efficiency HVAC systems uh one is an exterior one that'll be along the back uh the other one goes up in the attic space uh for the one side um you know so that's can be all upgraded and updated right now it's very old and then the hot water will be all on demand hot water heat so okay and I just I was um kind of um interested in why you said all well why all the milk is uh in glass containers I that because I'm a big fan of that I try only drink out of glass recyclable it's local Dairy up up by Drake it um and the milk is fantastic part of our sustainability policy we really try to reduce as much much plastic waste and trash as we can which gets back to the composting that we do we work with local farms to pick up you know our composting so we just reduce the amount of trash going out of the place they trained you in Brewster sounds like they trained you well I I grew up with the milk bottles you you know with the little door in our back back wall and I just thought why did we ever go away from glass no I know I I won't even drink milk out of uh out of anything else and then the other thing um just so you know that there's a chadam community garden very close by and uh I'm sure if you if you talk to the chairperson there they'd be interested in your product yeah we've got some good stuff for yeah yeah so what about um your plans for construction and and uh conditions uh I'm not quite sure what the question is okay so you're GNA have um certain conditions on when you could do your building um so let's see H aside from the accessible improvements to the yard um I believe all the construction is just interior it's all interior all interior okay very good very good Dave yeah so I I mean we frequently in certain in certain instances in neighborhoods and things will um regulate exterior construction during the summer months but I in this case I don't see that that first of all there's not that much exterior and mostly it's interior work they have plenty of space on site so the only condition sort of our standard conditions that we would probably apply is that all um vehicles and activity construction be to be uh contained on site or in neighboring properties with the owner's permission I mean we should be fine the only exterior work that's going to make a little bit of noise for a day or two is re-roofing um you know and and that's then we' got a few rotted pieces of wood to replace exterior yeah okay anybody perhaps we put the time frame oh right and that's so then the other part is that we will during the summer months um generally we'll go June 30th to Labor Day we um will frequently impose condition of um construction activity be uh from 8:00 a.m. to 5:00 p.m. daily and no work on weekends that should be fine that's in order to yeah the roof should be long done by then that's the first those are the conditions that we would apply to our unapproved so what did you have something yeah what's that going to close the hearing yeah we will okay I knew that okay so let's close the hearing so yeah move to close the hearing moveing deliberations yes very good very good Ed act in seconds very good Steve um I approve we I approve I approve I approve and I approve as well okay so deliberations Steve uh I I think it's a good project as as you know um I think you've explained it well um you know as long as um you know you can minimize the impact to your neighbors um I think it's a nice project and I think a lot of people are probably looking forward to it thank you than um yeah we're going to go through the criteria okay so the Board needs no go ahead Lee I I agree I um always like supporting businesses in the town of chatam and I am thrilled to see that something's happening with that building now which is congratulations that's great um and I wish you all success thanks okay Dave yeah um this is yeah I'm really um um good to see uh um some ACT viable uh um someone come along with a viable plan for this building and um um as a I guess I would just as a former owner of the chadam Candy Manor I officially welcome you to and the chocolate part to town it's nice to have that um and um it's certainly uh not substantially more detrimental to Neighborhood it meets all of our criteria um and um I'm just um the only thing that I'm hoping to do is keep my dog who who tends to be eating bark mulch these days I'm try to keep him away from the Coco mulch uh so but other than no um this is this this is a great project and I will support it very good deliberations uh yeah um no certainly not substantially detrimental to the neighborhood uh I think it's going to be a nice addition um any opportunity we have to get more clean manufacturing jobs into chatam is is is just a plus so I wish you the best of luck thank you and I'm just going to state that um the criteria for this and that you apparently have met we we all think so um special permits may be granted when it's been found that the use involved will not be detrimental to the established or Future character of the neighborhood and that the town or the town and when it has been and it's also been found that the use involved will be in harmony with the general purpose and intent of the bylaw so um I support it and um surprised no one's asked if you brought samples but had happened um kidding around once everything's approved we'll bring some samples so um voting Dave um well first of all I think I should move approval so I I would move approval uh of the um application has submitted um with the um conditions that um I had I need to find the conditions here it's the well all that all um vehicles and construction activity be contained on site or a neighboring properties with the owner with the permission of the owner uh and that from June 30th to uh Labor Day um no there will be um um no um getting lost here the the um hours work hours will be from 8:00 a. to 5:00 pm daily with no work on weekends very good second uh at act in seconds all right voting Steve I vote to approve Lee I vote to approve V approves and Ed approves and I approve as well so that's unanimous congratulations and best of luck thank you and uh we're going to take a f minute break and um we will return after that e e e e e e e e e e now the other day come uh I I just asked if they were going to raise the mechanical there because it is a flood plan I didn't say anything about the about the the shed playoff okay so welcome back uh part two of the uh March 21st 2024 zoning board of appeals hearing um we uh going to have different voters for the balance of the um of the hearing uh Dave Nixon is here um and Paul simple is here full members and um Lee is I'm sorry um Steve is going to be voting for me because we have a policy whereby when we have all our members we rotate the associates uh quite often and so that's how that's going to work today it's a a good policy I adopted from our our chair ameritus so um all that being said we will move to the the next application Sarah whenever you're ready nine scop Terrace application number 24-18 Robert a napalitano and Julie D napalitano 200 heart Street Beverly Mass 01915 owners of property located at nine scallop Terrace also shown on the town of chadam assessors map 15a block 9 c m h14 c the applicant seeks to enlarge extend or change a non-conforming dwelling and a non-conforming lot via the demolition of the existing dwell dwelling and the construction of a new dwelling the existing dwelling is non-conforming and it is located 8.19 ft from scallop Terrace 4.26 ft from the Souther leab butter 12.7 ft from the Wester leab butter and entirely within the coastal Conservancy District flood plane elevation 13 the proposed dwelling will be non-conforming and that it will be located 4.71 ft from scallop Terrace where a 40ft setback is required 4.53 ft from the southernly ab butter 2.88 ft from the westeria butter where a 25t setback is required and entirely within the coastal Conservancy District where a 50-ft setback is required also proposed is the installation of a new driveway as Allowed by special permit the existing building coverage is 758 Square ft and the proposed building coverage is 772 squ ft or 2,800 square ft is the maximum allow the lot is non-conforming and that it contains zero ft of buildable 20,000 ft is required and contains 4,642 ft of land area where 40,000 ft is required in the R40 zoning District a special permit is required under master General Law chapter 40a section 6 and 9 and sections 5B and 8 D2 be of protective bylaw welcome Gentlemen please um State your names for the record Rob Nano homeowner uh Donnie Dunham owner of De Martin Dunham Builders okay and do you have somebody online we do we have a Min on hello uh ASA Mintz ajm site design if you can if you can hear me all right we can hear you thank you very much and please go ahead and proceed thank you good afternoon folks uh first and foremost I want to thank you for the opportunity to allow me to come back uh we were here December 21st as you know uh and took some time and really in full consideration of all of the commentary uh and some of the feedback from both the committee as well as our neighbors and we think put together a revised plan that hopefully meet your needs and requirements so first and foremost we took our square footage down from 1492 to 1388 uh by doing so we took out considerable Mass from the Second Story living space uh so we created a shed dor in effect which really emulates maps of the homes of the neighborhood as you can see from the drawing now much smaller in dimension at the top level you can see the the shed Dorma from the two side views uh the revised script footage also brings us really within scope of some of the neighboring homes uh secondly we we changed we had a two door garage originally changed with a single door garage now um we're going to and shrink the driveways well in consideration of that uh thirdly we took our catwalk down there was some concerns about the catwalk in the front of the house the entrance around the house being too large reduced that by seven feet uh which now the entry steer should just pass the front door so it's driveway to front door for that catwalk as you can see right above the garage door uh and that's also consistent with a number of homes in the neighborhood uh we took our old Dimension from the deck down we had 12 feet back on the width we took that down to 10 ft uh this the length is 23 in length we're using a good percentage of that for our utilities up on the deck on second floor Landing um so that now let's opens up space it also gives us space for there's some concern around the septic tank and the uh the pump chamber we'll have the a open axis as well for that so we won't have any post you know impeding that as we build that deck uh and then lastly we had a we had a balcony over the second floor uh outside the master bedroom we removed that as well replace that with a triple window okay so as discussed previously the residence is within the existing footprint it's 4 748 in square foot 758 I think that number I'm not sure that 758 number came from on the building coverage Sarah is that accurate I had it 740 so it it is saying 7 48 but that's to the foundation footprint we measure to cornerboard so I confirmed that's corre your Builder that thank you yep okay um so the the existing Pao removed in the front as we talked about to accommodate the garage driveway and decking asphalt and a parking area to the right of the home will be removed we'll mitigate it we're going to replace that with shells so that the asphalt Drive will go away uh and then the so that's pretty much in terms of the the square footage and changes uh in terms of the zonum criteria adequacy of site size of site including the limits of Maximum building coverage its non-conform as we talked about exceeds 15% of threshold 16.33% Backs from 4 to 25 ft the Chang proposed to the front and rear accommodate the driveway and decking competitive size for pro structure we think it's now consistent with newly constructed neighboring homes on both our Street Oyster as well as clam shell behind uh the design is is with sensitive scale and massing now we've been existing building coverage so we think we've met the criteria to get there in terms of mapping and and looking look look and f that neighborhood uh extend a proposed increase in nonent nature of the structure uh it's only nonent height in the right side setback as is the case with other proed constructive process home in the area the outdoor living space is to be elevated with the house transforming the existing pads to elevated decks uh the changes the front of the home be accommodate the driveway in the front entrance suitability of sight the proo will improve any storm water runoff that that can run the neighboring property the imperious areas imperious areas will be eliminated the driveway transform as we talked about the shells and conservation committee has approved the project certifying the impact of wetlands is satisfactory impact of skill the new structure lines with the previously identified new homes Ena from a design Aesthetics and structural perspective uh the position of lot is consistent neighboring homes including the garage and driveway access and the elevated decks uh We've minimized the impact on Rises and views for neighboring profits by maintaining the same footprint so the view is front and back the deck in the back is a view out to the ocean as well as the front front of the house compatibil proposed site with the exception Marine are all the neighboring uses of residential adequacy of method of sewage existing shared with Title 5 septic exist off the property common leeching field impact on traffic there's no impact uh noise and litter no impact adequacy utilities they're adequate impact on neighborhood and town visual character not applicable uh and then for those in the flood plan the last item item 12 additional criteria the additional expansion of the deck will not impact imperious areas so we'll have imperious areas beneath the deck as well so in summary we we think we developed a a plan now that takes in consideration all of the factors and prerequisites functional conforming aesthetically and we took all objection we think from our budding neighbors and uh adjacent neighbors we believe they contribute to the overall beautification of the area we look forward to your discussion opinions and moving forward with the project thank you okay well thank you very much is there is there anybody here or in Microsoft teams that wishes to speak in favor of this application if so please indicate seeing none okay I will read the correspondence and we have uh from Judith Georgio the health agent on March 14th 2024 I have reviewed the plan to demolish the existing dwelling and rebuild a new dwelling the property is approved for two bedrooms and is part of a shared septic system for the neighborhood the plan shows a deck which support with supports around the septic pump chamber the polls can not be on top of the tank and access to the tanks covers must be available at all times um on uh let's see March 8th we received a letter from Christina Basset and that is from the uh let's see the historical Commission and it says on November 21 2023 the chadam historical commission found that the home on nine scallop is not historically significant and did not impose a demolition delay they stated that the neighborhood has changed so much uh so the home is no longer historically significant and we have a letter from conservation and uh that was on December 11th 2023 the project was heard on December 6th 2023 and was scheduled for an order of conditions on March 6 2024 the application the applicant has requested to continue to April 3rd 2024 the project will be conditioned to meet the performance standards under the wetlands protection act and the town's local Wetland bylaw uh prom promulgated there under if approved that concludes the correspondence is there anybody here on Microsoft teams or on Microsoft teams that wishes to ask a question or has uh an objection to this application please indicate if so seeing none questions from the board Dave be um no I just I I'm I was just looking at the site plan and I'm not sure that I I just um because of having been out there and looked at the neighbors and various things some of them have put patios underneath their their decks were you planning on doing that doesn't show that in the plan no we're not okay no all right um and um I I think that's the only question I have at this point R any thanks sure okay Ed questions uh yeah I have a couple questions the elevated rear deck um I believe you said you re reduce that from the previous plan 12T initially to the neighboring hedge it's 10 ft now in from neighboring hedge but you're it looks like you're roughly 3 feet from the um property line and roughly 3 feet from the property line so that's an increase of the non-conformity by about 10 feet I believe is that right time yeah that's correct yeah that's correct the the challenge was Ed um in the sense that it's we're raising it to meet flood compliant to be flood compliant their Outdoor Living limiting it or reducing it less than 10 feet didn't really fit Furniture per se unless to David's point they were at ground level with some sort of oor living but you would still need access to get to the first floor okay the advantage yet is we've this the Hedge is above the deck level so even at 10 feet all we're seeing is the roof line of that house the Hedge is growing at about foot and a half two feet a year so it'll exceed by the time we finish construction it exceed that deck level and eye level and it'll continue to grow it's a really size if you've seen it f sizeable hedge yeah I know my concern was it seems like the deck's going to be about the same level as the Hedge and you're going to be it's a little Bel low it's a little bit low I measure it out so it's going to be just a little bit low and I think next year when it's constructed it probably actually probably another foot of the Hedge growth so we think it'll be low lower than that okay uh the second question you it looks like you have a generator on the deck is that going to be is that like a whole house natural gas you know 22 kilowatt that's correct I mean in the size house it won't be that large but it will be whole house okay um and obviously to meet meet flood requirement it has to be at that level okay uh no no other questions okay Dave Nixon questions thank you madam chair the um if I'm correct you have moved the house closer to is that correct uh no it's not no um the the reason for the uh setback change is merely just the catwalk to access the front door it's not the building itself moving forward the building will remain the same because um right now it's um almost 13 ft is that correct no as do you mind I'm sorry it's it's a little over 8 ft right now is that right yes and so you're changing that to something under 5T correct because the distance is to the to the catwalk understand that but there is a structure there on that correct yeah okay and I think you answered uh my other question through Mr rton thank you okay Steve questions um I was going to ask the same question but I think it I think I kind of figured out that it was because of the the stairs leading up to the front door uh I'm glad to see you you sort of pulled uh some of the dimensions back I spoke to one of your neighbors or future neighbors and they were you know most concerned about um the lack of privacy and you know this this house sort of looming over the other houses there but um you know all the other houses have already what what you're proposing so I think they're all going to be on sort of a Level Playing Field at some point equal looming I guess if you will so you know I'm but I am glad to see that you pulled a few things back just to make it a little bit more appealing to them so I appreciate that absolutely um do you have a construction time frame because I see there's some activity already going on across the street so we'll we hopefully September 15th and we'll have the two houses being constructed completed you know and then we'll start so we should be in pretty good shape to be the only house being instructed on the street right okay our neighbors to the left of has indicated Interest next year because there's already a lot of activity Contin be T apart for another year or so but yeah we'll you know we'll we'll work around that okay they're pretty close the last house on the right's virtually done uh two is in process so that one's a little bit larger okay I think they'll probably be done by the summer I would guess so it gives us the time there's a lot of activity lot the back street as well and I think on oyster's another one going in as well that's still trying to go through so yeah it's quite a bit well it's flooding as you saw this winter it's the only thing we can do at this point and there's a big pothole on there's a big po a lot of potholes love to get repaired actually all right thank you thank you so much questions Lee um yes just to confirm um the height is still 29 same height yep same height didn't change the height correct okay but it it looks better since you reduced thank you so much the second Flo Paul questions uh yeah just so that I understand uh your back uh line uh uh is now going to be 2.88 uh from the property line that's correct Paul and was that what we were discussing the last time around it was we were at 12 we actually one I think we were at less than that b you were at 88 brought it back 88 right we brought it back two feet yeah which is is essentially what we could do given you know in terms of deck furniture and things to try to live with it and enjoy it and uh on the front line uh as uh Mr indicated you're closer in the sense that you're you have the proposed catwalk um but the house itself is not closer to the road correct uh do you know how that compares to a scallop and the distance from the road there which one is it across the street across the street with the the Caruso house is that eight yes correct it's a lot of deck I don't know so there a different configuration is the decking is in the front of that house MH so I don't know in terms of their distance from the from the house and that their lot Line's very different as well because they sit back on the lot I mean they're very tight on lot right the house on three which is next to us I think they got a a permit actually a variance to get that catwalk stepped out so there stairs actually step out of the street so we're a little different we're going straight to the driveway they step out so we have an answer for the question yeah um go ahead I'm sorry um the kuso's house is 8.5 ft off the street okay thank you for that sure the cuso is what 8 and 1/2 ft 8 and 1/2 ft and and that's to the catwalk on the front right to the deck correct that Big Deck in the front that's to the carusa deck okay I have no other questions okay um I'm just going to ask the building inspector to talk if you would a little bit about Building Commissioner about the um Mechanicals on the deck just in case we need to know anything specific about those uh the Mechanicals on the deck I mean every generator manufacturer is different but you need to be 5T away from uh any opening in the into the structure so I can see why they put it on the outside of that area um I know gener for example they they want three feet on the ends and 3 ft away from um the front for servicing and 18 in away from combustibles so I think it's going to be a little tight with the AC where it is but um they're going to have to work that out that that might have to change slightly the other thing is if it's up on an elevated platform like that it has to be non-combustible uh under the generator for extending 12 in all the way around the perimeter of that generator so does that all have to be in compliance before there's a building permit yes I mean an occupancy permit yeah right okay y just bringing that up for the record um does anyone else have any other questions at this juncture no well I would just want to confirm that that um the Mechanicals uh in in terms of placement with respect to the the uh Sidelines has that has that been been um have you looked at that way yeah yes so good question so we couldn't put it put anything to the right side because we're conf foring ideally we would want it on the right side of the house but we're conforming and on the left side it's even more of a problem because or three feet so it's the best of the worst I guess so you need a variance to put it on the right side right yeah yes yeah yeah okay yeah y but is that part is the is I didn't I wasn't paying close enough attention as we read the uh is is this part of the special permit the the proximity of the Mechanicals to the lot line Sarah can you answer that um no it is not because they are not located at ground level oh yeah well that's makes so they they do not have the same requirement for and so elevated or whatever they're not a ground level requirements not the same correct okay fine Jay and the only other thing um I just lost it uh oh sorry I'll come back okay yeah just make it known if you want to chime back in um all right so at this point Paul I'll move to close the hearing and move into deliberations Dave V seconds and Dave v v votes yes and Ed Ed votes yes daveon yes and Pa Well Point yes and Steve you vot yes all right deliberations uh Paul well I uh I've been out several times to take a look at the uh location and uh hit the pothole uh once which was enough um but it it seems to me that the house that's probably closest uh in look to what you're proposing is 8 um scallop and um I did go back and look at our hearing on 8 scallop in uh 20121 and um there were some of the same concerns that had been expressed here in terms of mass and uh the overall structure but um there was a a lot of neighborhood support for the design uh even uh to the extent of uh commenting on how they felt the mass was not overwhelming um I think that uh decreasing the size of the garage to a onecar garage helps and um that uh some of the other modifications in terms of the catwalk also help um there's just no way of getting around the fact that there's going to be bigger looking houses in that location um but I think you have addressed a number of the concerns that were expressed the last time around so I think overall I would come down saying that it's not substantially more detrimental to the neighborhood Le um I agree I appreciate everything that you did um listening to the board's recommendations um I think the biggest impact of all was the reduction of the second floor um that because I think that really was contributing to the look the mass of it so that's a huge Improvement um I think it fits in very nicely with the rest of the houses in that area they are what they are are um but I think this will be very nice and if I were voting I would be in favor Ed um I have to admit I'm struggling with this one um and the reason being is the increase in the non-conformity of your deck in the back uh to to these are small Lots as it is I I understand you know it's not a lot to work with but typically in inreasing a non-conformity is is uh is something that u i I don't like to see necessarily um but I was looking at you know eight across the street and so I went and pulled the paperwork for that because they have this you know Big Deck in the front but they actually reduced their non-conformity uh over there because there was an existing deck already off the front of the house and they actually when they raised the deck they pulled it back so they were reducing their nonconformity and then the deck to the right um I believe they actually increase their non-conformity by about 7 feet so you know somewhat in this neighborhood um the genie out of the bottle I guess is some way to put it um but I'm struggling uh with that increase of non-conformity because of the height also and right now that's a single family a single story house behind it but I guess eventually you know something's going to be done with that house so I'm struggling with that and then the generator I I think in chadam we have these setbacks for Mechanicals because of noise um and so you're not going to be meeting the rear set back you do meet it you know on the site it is elevated but the fact that that it's elevated is just going to be more noise as far as I can see in the neighborhood so uh I'm not sure that's something I could could approve um but I'll I'll listen to everyone else on the board and see what the other thoughts are thank you Dave Nixon thank you yeah um I have several problems let's start off with what Mr Ron was talking about the generator um as far as f is concerned it's it's a safety issue and here I'm talking about the elevation and it wasn't so long ago that um when the flooding was in the little Beach area the fire department came and because the level was up to a great number of the houses down there where the Box goes in and the power goes into the house they just shut all the power down because they were fight of fire and also there's the other aspects of uh having live stuff walking around with salt water they don't mix so um I happen to live uh I have a cottage down the street in uh on stage Island and when that happened I ran my generator for 96 hours and that's how long there was no power because of safety fine as Mr pointed out there's another aspect of this and that's what town meeting Pro town meeting proves something to you know the noise of these things and I got to tell you mine's a gener but I can hear it down the street I mean it is not quiet and putting it within I guess 5T of your property line to me is just not acceptable I think you would have to take it out and ask for a variance and there's some precedent for that even though we don't handle presentent but we understand the possible need but when the flooding comes down there uh I doubt if you'd be there because why would you and uh you wouldn't run it anyway so that's one thing number two and Mr acor hit on this a little bit I don't like it when we have something that's already nonconformity meaning 12et from the property line and all of a sudden it's going to be three and I understand it's not the house but it is the house because that deck is designed to be used and and one of our criteria is H noise well gee um the rendering that I saw nice table there at least four chairs I mean you are right on top of your neighbors on Lobster and so what am I trying to say that I much prefer a deck on the front of the house as your neighbors across the Street did uh to me that's you know separating itself a little further and our criteria about being concerned about uh something substantially more detrimental to the neighborhood well the neighborhood I'm talking about is lobster land so uh for both of those reasons um I could not see fit to approve this the way it is thank you thank you thank you Mr Nixon Steve deliberate I guess uh I I share some of the previous comments the generator I I'm not um I didn't consider that a big issue because I think everyone there probably has a generator and every everyone's generator is going to be running probably at the same time or not running if if everything gets shut off um so I didn't really consider that to be a big factor um and I don't think you can put it any place else if you put it on the side it's going to create more problems um you can't put it on the ground because it's going to get flooded so it does have to be elevated someplace so unless you put it on the roof I'm not sure what else you can do with it um so that that wasn't really a big consideration of mine because everyone's probably everyone there has got one um um I I kind of like the idea of having the deck in the front of the house um but I I you know I don't know if that's really conducive of of having some privacy of your own and sitting out and just relaxing because you're going to be sort of on display on your front yard um so I don't know I I know you're in you're decreasing some of the setbacks almost in in in every case um but I think probably just about everyone down there has as well um and the reason partially I think because of the the houses are so looming is because of the flood plane issue you've you how far are you actually elevating this house about 13 feet or so just just to get to the first floor so that that's already adding to the to the mass of the house just because it's so so far elevated um so I I think that because of it's going to be a lot like a lot of the other houses in the neighborhood um I don't really find it detrimental because it is so similar to what's already there okay David Vach well I um I'd like the responses that you um made to the comments that you got in the meeting in December um I uh I also agree with what Lee said I think in many respects pulling that uh reducing that Dormer somewhat on the street side made a big visual difference uh in with respect to the appearent massing of the building um I uh mean you know I I understand certainly understand on the um uh entry side street side uh that you know you have to have access to the house and having the cat walking stairs you know that's part of the um uh necessity of elevating a structure um so you know there's some reduction in in the um setback there but I think that's can be explained by the situation you find yourself in um as far as the deck on the other side um I I overall I overall I I I feel that this um proposal is very much in keeping with what we've already approved many of the approvals that we've made and um they um there's and in this particular situation they the the sighting in the house is short of moving the house in order to create a deck on the other side I I hadn't thought about that as a as a as a I I hadn't given that much thought I guess I just felt that given the proximity of all the neighbors and it's a close neighborhood uh that um that I felt that by changing it from a 12ft wide deck to a 10- foot wide deck um that I felt that I could uh that I would not find that to be substantially more detrimental to the neighborhood so uh you know as they presented it I think they've made improvements over over our com and with respect to our comments uh before um and I I understand there's still some concerns and considerations uh with respect to increasing in the non-conforming nature I feel that in the circumstances in which we find in the neighborhood circumstances here um that those uh increases in non-conforming nature are can be uh Justified and um and that I could support it as it is uh aside from that I I hope that we can find a way to uh get the votes that it needs to to pass so thanks okay so we're at a little bit of a quagmire here um and I want to just confirm with two of the voting members that their concerns are number three and number nine of the uh criteria number three being extent of proposed increase in non non-conforming nature of the structure are use is that accurate yes and um also noise and litter um with regard to the deck um and the um Mechanicals yeah and the generator correct right right okay so I just wanted to confirm that and um we could vote or we could uh perhaps have a straw vote if you'd like um what would you what's what's your if I can comment quickly can take the generator out I don't that's fine if that's an issue I can take it off the table completely so I'm fine with that so I I'll just remove that consideration frankly okay so I I don't it's not critical for me frankly um it's nice to have but not critical so if that's if that's a concern we'll take that off the table so the last issue would be item three the deck it would be the con the extent of the proposed increase in non-conforming nature yes let me ask the question if I may David what would you what would work for you in the backyard from a decking perspective Ive excuse me what's what's the what would work in terms of in terms of that non-conforming in the backyard if moving it another foot I mean what's the real issue because I I'm living in now in the house and it's essentially the same thing I'm I'm I'm in the backyard and it's the same I'm not sure there's that big a difference moving the deck I'm just I'm just curious what would help get we don't necessarily answer questions at this juncture because the hearing is closed and you know so I understand that you want to ask that I'm going to leave it up to the member if he wishes to to respond or not um it's certainly up to him uh no I I really don't want to say any more than my concern for the neighborhood is lobster Lane the noise from that deck and the noise from the generator were the two things now you've solve one problem by saying I'll take out the generator but I don't see how that solves the problem of the deck which is going to be 3 feet off of the property line and it's elevated and I think as Mr Acton pointed out once you get up and the noise gets Amplified so that's why I suggested that if it was in the front of the house it would be for far more palatable to me would so at this point would you like to take a break and we could do another application and you can discuss it with your Builder or would you like us to vote or would you like us to do a straw vote it's I'm going to leave I think we should do a straw vote a straw vote yeah okay and then okay so Dave each how would you vote well I I as I think I indicated um I can support this as it's as it's presented okay and Steve can I ask one more question sure um do you have a patio now in in the back or a deck in the back P I know that might not count as slight coverage but how close is that to the Hedge is the deck at about the same dimensions that the patio is 2 feet in actually close pretty close about a foot maybe within a foot we're going to have an answer for that just a minute y the the patio is about uh about a little over 3 feet to the property line okay about three feet okay Steve okay so the so the deck is basically replacing the Pao correct yeah okay all right how would you could I add one more um no actually you could not because the hearing is closed I don't mean to be rude but that's that's fine procedure so Steve how would you vote um I would probably vote to support this okay and Paul yes I indicated I would vote to support Dave Nixon no and Ed uh one more question do you have a is there a gas fireplace yes so instead of a generator you know maybe the gas fireplace could certainly be used um I guess if you're willing to make the concession on the generator I would I would go along with my other colleagues so you'd vote Yes V yes so that was pretty much of a good call for the straw vote um you must be a Gambling Man all right so Paul well I'll move to approve the application has submitted with conditions um the conditions being that uh all construction activity and vehicles with if it can be done can be contained on site or at a neighboring property with the permission of the property owner now that certainly is not the case now no it's not on any of the construction down there is that doable it's doable all right uh secondly that between June 15th and September 15th there'd be no exterior construction will be allowed no work will be permitted on the weekends and construction activity would be between 8:00 a and 5:00 p.m only I guess the third one would be that there would be no generator installed uh given the uh uh offer from uh the applicant Dave each seconds okay voting Steve uh I vote to approve well all votes yes Dave Nixon no Ed Acton yes and Dave V yes all right four out of five one one other suggestion that I thought the last time I was out there am I consider putting in a rinse station for vehicles down there give give given some of the standing water that sometimes we already have that pothole that yeah station and uh all right well you got your four out of five Super majority congratulations thank you folks appreciate it yep all right whenever SRA is ready we will move to the next application well I am not sign no application number 24- 021 mark p cery revocable trust care of William G litfield Esquire 330 Orleans Road North chatam Mass 02650 owners of property located at 43 arebus Trail also shown on the chadam town of chadam assessors map 9k block 52 lot g43 the applicant seeks to enlarge extend or change a conforming dwelling and a non-conforming lot via the construction of an addition the existing dwelling and proposed addition will comply with all bulon dimensional requirements of the bylaw but is considered a substantial alteration under the second accept Clause of section six of Mass General Law chapter 4A such substantial alteration requires the grant of special permit the existing building coverage is 1,380 square feet and the proposed building coverage is 2,860 square F feet or 2,900 ft is the maximum allowed the lot is non-conforming and that it contains 24,100 ft where 60,000 ft² is required in the r60 zoning District a special permit is required under Mass General Law chapter 48 section 6 and section 5B of the protective bylaw Mr lynfield welcome back thank you good afternoon Bill Lichfield here on behalf of Mark cerie is Trustee of the mark cerie revocable trust but in normal human terms Mark and Angel CER who have owned this house on ourbus trail in chattam Port for almost 20 years uh Dr caler regrets that he couldn't be here he is uh a physician in Boston surgeon actually and he is in the process of retiring and uh that explains why after 19 years of owning this house he would like to make some changes Mark and Angela uh will be moving down here fulltime they would like it to be a yearr round family house uh they have three adult quasi adult daughters and they are thinking about grandchildren in the years to come so they would like to have some more room they also have a fairly normal desire one which has traditionally been appreciated by the members of this board for a garage uh which the property does not now have so this is a Borland hearing which is to say that the lot itself is non-conforming because the current zoning is R 60 uh and this lot like every other lot in the Arbutus Trail neighborhood Arbutus and B Lane which was a guide of subdivision from the 1950s this lot has 24 25,000 Square ft where 60,000 Square F feet is required now and Sarah has graciously brought up the site plan which shows that we have a good siiz lot we have a relatively small house compared to the others of the neighborhood and we'll get to that and we get to that uh aspect of the criteria and to the chart that you have and we are proposing to put a garage on the well the north the north corner of the lot uh the street side facing ourbus Trail and to have an extension or addition thank you Sarah in the rear uh all of those changes will meet the bylaws uh criteria as dimensional to dimensional setbacks which are 40 ft from the street and 25 ft back from the sideline in fact because uh the layout of our buus Trail is wider than the paving will be about 46 or 47 ft back from the actual street from the physical pavement of the street so with me today if I didn't say it is Ray katerino of RJC construction uh who has been working uh with Mark and Angela to design a a retirement home and perhaps Ray can answer questions if there are but given that you've already had a length the afternoon I suspect you'd like me to go into the criteria so we start with adequacy of the site including building coverage and setbacks as I indicated all of the neighborhood lots are non-conforming we currently have a very small footprint and the lowest coverage in the area we currently meet all setbacks the site is entirely adequate for residential use and it will remain adequate if you approve the construction of the two additions the garage and the additional living space which meet all setback height and coverage requirements of the bylaw that it is that is it is completely con conforming and compliant as to the requirements of the zoning bylaw pardon me on the third page of the handout we have a uh illustration of other Lots in the neighborhood we currently have an average siiz lot with a small singl Story House covering only five .7% of the lot if you approve the special permit uh it will remain compatible the coverage at 11.8% is below the maximum it remains consistent with the neighborhood uh the gross floor area and living area are lower or less than several others in the neighborhood and it is remains compatible as you're aware from prior zba hearings over the years and just from having gone out there this develop this neighborhood was developed in the 1950s and 1960s so some of the houses were built in the' 70s but a lot of them have been renovated and enlarged uh prior to Borland they were done as a matter of right unless they had existing dimensional non-conformities but we are before you to try to seek to make changes similar to those which have occurred with other houses in the neighborhood as to the extent of increase in nonconformity the only nonconformity is lot size so unlike the last Hearing in which some of you expressed concern there is absolutely no increas and non-conformity everything that were proposed complies with the requirements of our bylaw as to suitability of the site the site is suitable for the existing house built in 1972 there are no environmental issues and the site is certainly suitable for the garage and the rear addition without impact on the natural environment is the scale sighting Mass views and Vistas the existing structure is a fairly unremarkable 70s house nothing wrong with it it's just not that's why they're not tearing it down it's just not sufficient for their planned uses it is cited at the rear of a corner lot without impact on views and Vistas the sighting will be unchanged the facade increases due to the addition of the garage but the scale is in keeping with the surrounding properties and again much of the addition is at the rear there are no views or Vistas at issue as the compatibility use it is a residential use that will not change adequacy of water and sewer we have Town water we have a Title Five for four bedrooms the chair will later read a comment from Judy Georgio and Judy and I have had a couple of conversations since her letter was written when Ry and I started this process back several months ago I looked at the floor plan and was concerned about the width of the doorway into the home office so on the handout that you have in front of you not the handout I just gave you but the plans that I just gave you there is an paper clipped appended floor plan which shows a floor a doorway widened to four feet Ray sat down with Judy some months ago and discussed that and she felt under the circumstances that would be sufficient as a casement door after I spoke with her uh after I read her comment letter earlier in the week I spoke with Judy again yesterday and said that it is going to be home office and we would be perfectly happy to execute a deed restriction that proposed restriction is Page four of the handout that you have if this is approved we will necessarily work with the Board of Health to make sure Sarah could you bring the cursor maybe the boards up members have already seen but it's kind of down no we're on the first floor here it's the second floor I'm sorry yeah uh that doorway can't be widened to six feet uh but it will not be a bedroom and we have a deed restriction indicating that this will remain a four bedroom house and that it will not be used as a bedroom which we will execute so we will work with the Board of Health on that issue the other matter is traffic flow and safety noise and litter adequacy of utilities are not at issue the issue however is as you know the question is whether the proposed additions with the garage at the street side but the majority of the addition at the rear uh with greater but still consistent living area whether those changes are substantially more detrimental the neighborhood than the current structure conforming structure which will remain conforming on a non-conforming lot when you drive into uh our buus Trail be lane from Orleans Road you you see the changes the neighborhood the first thing you see is a fairly good siiz house straight in front of you and the houses that have a view down to Pleasant Bay are much much larger than this house will be ours will conform to zoning it will be expanded for year round retirement living uh and as such the house will meet all requirements of the bylaw and is again a part of a gradual Evolution and Redevelopment of the neighborhood begun 70 years ago the addition of a garage is a natural accommodation to yearr round use not an unnatural acutron it is something which is consistent with what most people want today and the Future Family growth warrants additional space but this can be accomplished in compliance with all zoning requirements so in light of the criteria and the plans in this location I think then you can find that the proposed addition additions are not substantially more detrimental the neighborhood certainly be happy to answer any questions thank you is there anybody here or on Microsoft teams that wishes to speak in favor of this application please indicate see uh yes oh yes um can you state your name sir yes my name is s Juliano and I live right across the street from be Lane at um 9 be Lane uh from this project and um I do want to speak in support of the project um and and in in um and I also serve as the vice president of our little informal um homeowners association my my view is that the proposed improvements will actually greatly enhance the neighborhood as um has been indicated the neighborhood has been changing and certainly this smaller unit um as it as it um becomes renovate will fit in nicely aesthetically I think it's actually a beautiful design and uh will be very appealing uh from both ourbus and be Lane um also the calories are just wonderful neighbors and we are certain here in this neighborhood that together with their Builder they will certainly minimize any construction impact so we fully support the project and recommend to the board um that the application is approved thank you thank you is there anybody else that wishes to speak in favor either here or on Microsoft teams please indicate seeing none um questions from the board Dave V I have oh I'm sorry wait a minute yep I jumped the gun so correspondence Judith Georgio writes on 311 2024 I have reviewed the plan to add an addition to the existing four-bedroom dwelling a four plan of the existing dwelling is needed to confirm the existing layout the entryway into the library office must be widened to 6 feet to meet the Board of Health requirements the addition will not encroach on the existing septic system and that concludes the correspondence um is there anybody here or on Microsoft teams that wishes to speak against this application or has a specific question if so please indicate nope okay now questions from the board Dave V I still have no questions Ed uh just one question I don't know if I missed it I apologize if I missed it but the existing floor area uh existing gross floor area now and the proposed gross floor area they're on page three existing gross floor area including the basement is 2649 and with the garage it will be increased to 5460 okay just an answer your question I mean for instance 9B Lane is 6141 UH 60 Arbutus Trail is 6662 21 be Lane is 5432 so we're in the range of those okay thank you well one simple question is there a member of the family that's in the Wailing business there is not in so far as I know I see because I see there's a CA that's going to go here to light their way home when when coming around from uh the property at 55 Lenell Lane when you come into Pleasant Bay you do want to look up and see some light when you come into uh that co uh we appreciate uh that some members of the board have issued with kopas and I discussed that with Dr caller but he also pointed out correctly that it is consistent with the existing Koopa uh on the house so it's an architectural detail which matches what is there now thank you okay um Paul questions I have no questions Lee no questions and Steve um very simple the existing driveway this sort of semicircular when that remains that will be retained all Street uh all street parking yeah the garage will be for the vehicles that the people who live there and the uh semicircular drive as you correctly characterize it will be for guests and cpala inspectors very good thank you okay um so you have one Koo and you want another just to be clear that is correct okay is there a light in it no uh there is no light in the Koopa correct yeah I thought so I just want and there will not be one of the proposed viewers there will not be one a lighted one in the proposed is that correct that is correct there will not be it had been proposed and the board certainly could impose a condition that the there not be a light in the C the proposed kPa thank you Paul I'll move to close the hearing and move into deliberations dve seconds and Dave how do you vote uh V votes yes yes Dave Nixon to close the hearing yes and Paul Paul votes yes and um Steve Steve votes yes all right deliberations Lee um well I happen to be a big fan of garages as well so and especially if it's your roundhouse I think that this meets all of our criteria and will be a nice project okay Steve I think it's a nice project it's it's you know doubling the size of the house but um um you're being respectful of all the setbacks and uh not encroaching on um on on the on the setback so I have no no problems I think it's a nice project well yes I agree I think the sighting is such that the large the the lot is large enough and the location is is fine the view looks good so I don't see a problem with it Dave Nixon yeah it's certainly not uh since you know detrimental in any way shape or form today any uh yeah this is a rare project where you're doubling the size and it it actually fits in with the neighborhood I think quite well and certainly isn't going to be substantially detrimental so thank you D yeah I agree with all previous and uh a non-illuminated um kopa would be fine with in my books thanks right Paul I'll move to approve the application is submitted I guess the question is what your time frame but we we had talked about that uh Mr katerino will make every effort to get exterior construction closed in by June 30th uh there's not an issue with parking on site obviously but if the board would uh consider our best efforts to end exterior construction by June 30th much will depend on the the Mr briggs' office adherence to their usual speed in issuing building permits um we're going to do our our absolute best but frankly we don't want to get started and then have to come back to you in June and say we need another week uh so if the board would not impose uh an exterior limitation but instead accept our representation that Mr Katerina will make every effort we would be grateful and uh with respect to the idea of no work on weekends or construction activity between 8:00 a.m. and 5:00 p.m. during the summer months absolutely acceptable okay um all right well I'll move to approve the application as submitted with the condition that all construction activity and vehicles be contained on site or at a neighboring property with the permission of the property owner that between June 30th and Labor Day uh no work shall be permitted on weekends and construction activity between 8:00 a and 5:00 pm only and I guess the final condition would be the question of the Copa um I think we're suggesting that that not be lit uh so that that would be a condition as well Dave Fe seconds okay vote on that Steve I vote to approve as presented and uh all votes yes yes Ed votes yes vroot yes okay well that's unanimous we appreciate it ulations the condition okay all right Sarah whenever you're ready last but not least applica application number 24-25 Robert D and an Marie gas care of Robert chetti 91 black flats Road Dennis Mass 02638 owners of property located at 15 great Hill Road also shown on the town of chadam assessor map 13g block 43 lot c119a the applicant seeks to enlarge extend or change a conforming dwelling on a non-conforming lot via the conversion of the garage habitable space and the construction of Dormers for a second floor office the existing dwelling and proposed changes will comply with all bul and dimensional requirements of the bylaw but is considered a substantial alteration and under the second accept Clause of section six of Mass General Law chapter 4A such substantial alteration requires the grant of a special permit the existing building coverage will remain 2,15 ft or 2850 ft is the maximum allowed the lot is non-conforming and then it contains 20,300 32 ft where 40,000 ft is required in the R40 zoning District a special permit is required under Mass gender Law chapter 48 section 6 and section five be protective bylaw Robert cetti I presume yeah good evening good evening please uh proceed last and hopefully least detrimental project uh before you tonight to be deter um as Sarah stated it is a increase of habitable space over pre-existing forming lot um we're proposing to add uh two dormers on top of an existing garage uh not increasing any uh existing square footage or lot coverage do you have a copy of the criteria I do okay yes I do go through the applicable criteria yeah sure oh wait a minute wait a minute I'm I'm sorry before we do that is there's anybody here or on Microsoft team oh yes that's okay yeah I don't know I just got thrown off when you go ahead through the applicable CR okay uh for the advocacy of the uh site including but not limited to the maximum lot or building coverages we're not increasing uh any size to the structure uh the compatibility of the size of the proposed structure with neighboring properties um it went to Historic because of the age of the building and they approved it unanimously um the extent of the proposed increase in non-conforming nature uh of the structure use is just uh adding uh 625 roughly Square feet in the existing footprint of the garage um the suitability of the site including but not limited to the impact of the neighboring properties and the natural environment including slope vegetation Wetland groundwater bodies or storm water runoff uh we're are not increasing anything uh to impact any of that um the impact uh of scale uh really is in keeping with the rest of the neighborhood and won't impact any of that as well um and then I believe I think six through 12 are really not uh applicable to this project but um if you think that Mak sense sure let me know okay so is there anybody here or in Microsoft teams that wishes to speak in favor of the application please indicate if so seeing none um correspondence there's one letter from the health agent and that is from Judith Georgio on March 20th 2024 hello see attached deed restriction per our discussion I reviewed your full plan plans and agreed that the office will remain an open Loft like room with open railings at the top of the and bottom the dwelling will be deed restricted for two bedrooms um so there's that and no other correspondents is there anybody here our Microsoft teams that has a question or wishes to speak against the application please indicate if so seeing none okay questions from the board Dave V I have no questions uh no questions Dave Nixon none um Steve um I I'm may be a little bit confused but the the narrative talks about converting the garage to habitable space but it sort of looks like it already is it is because there's a fence in front of the garage door so yes it hasn't been a garage for a long time no the previous owners had done that to the uh garage and when they bought it the the current owners and Marie and Robert uh it it was already converted okay okay all right um thank you that's it questions Lee so are you is it going to stay is it going to be a garage once again with space above it it's currently got a ping pong table in there oh got it okay so no garages no garage okay thank you yes Building Commissioner has a so the the addition of the Dormers alone wouldn't necessitate the need for special permit the whole reason that they had to come here was partially because that garage was converted into living space um without any permits so that's why we're here it already happened it already happened so we're asking forgiveness okay yeah I think we're going to pay a after the fact building permit fee correct that is correct all right very good very good questions Paul that answered my questions I have no other questions okay I already did the side of the room I think yes all right very good very good um and I have no questions well all right I'll move to close the hearing and move into deliberations Dave each seconds Dave uh yes anded uh yes yes Paul votes yes Paul yeah Steve do too all right very good very good all right um um deliberations Steve um I think it's a nice project I think half of it already been done so um I have no I think it's a good project all right Lee um I agree it's a really very Charming house um I think um it will not be substantially more detrimental to the neighborhood so um if I were voting I would vote to approve well I agree with my colleagues nion 100% yeah I I vote Yes you will vote Yes yeah and you think it meets the criteria and Dave yeah as well certainly the uh um use of the change use of garage has not been uh has not been substantially detrimental to the neighborhood we would have heard about it I guess so um it I don't find it to be substantially more detrimental to the neighborhood and meets our criteria and I'll will support it all right Paul I I'll move to approve the application as submitted I think the only condition I can think of that would be needed would be that all construction activity and vehicles be contained on site or at a neighboring property with the permission of the property owner that's no problem all right very good I the only thing I I think I I I like the the part about work hours during the summer uh you know not the exterior construction but the the hour controlling the hours of of work during the summer months uh applying that part of the so you would like to add that between June 30th and Labor Day there'd be no construction activity between 8:00 a and 5:00 P p.m. no or no it's there there's construction activity between those hours only and no work on weekends does anybody no issue and no work on weekends right does anybody else want to comment on that does anybody have any strong feelings Lee what do you think I I agree with the time restrictions yeah yeah yeah I mean I yeah that's fine all right I'll move then that uh the application be submitted be approved as submitted with all construction activity and vehicles be contained on site or at a neighboring property with the permission of the property owner between June 30th the Labor Day no work shall be permitted on the weekends and construction activity shall be between 8: am and 5:00 P PM only D each seconds okay how do you vote Steve I vote to approve and Paul votes yes yes yes I vote Yes and vro short yes all right it's unanimous congratulations thank you good luck all right that concludes the hearing what time is it Sarah um I will oh we need a motion I'll move to I'll move to a journ a second and how do you vote on that I vote Yes and Ed I vote Yes Dave yes all vote Yes I vote Yes and I I vote to AJ and as do I now that concludes the hearing and it looks like it's aboute :2 p.m. all right good night [Music] [Music] shadow e