e e e e e e e e e [Music] [Music]
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[Music] good afternoon everyone this is the
February 13th 2025 meeting of the chadam zoning board of appeals pursuant to Governor hey's March 29th 2023 signing the acts of 2023 extending certain covid measures adopted during the state of emergency suspending certain provisions of the
open meeting law this meeting of the chadam zoning appeal 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 for
in the order a reminder persons who would like to listen to this meeting while in progress may do so by calling 1508 945 4410 conference ID 987
575420 pound or join the meeting via the link on the mic on Microsoft teams posted in the agenda while this is a live broadcast and simoc cast on chadam TV despite our best efforts 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 Town policy the public can speak to any issue hearing our business item on the agenda during the meeting when recognized by the chair like to take this time to ask you to turn off all gadgets that make any sort
of noise if you would and the first thing we do in our procedural steps is we have a roll call of all board members then we ask if there's anybody participating on the call just give us the four digits of your telephone number and your name for
identification um the hearing notice will be read by our staff s clock on my right you are your representative will present your application or appeal anyone in favor of the appeal we'll have five minutes to to speak and then I'll
read any of the letters that we received after that anyone against all with a question we'll also have five minute time limit to to um State your grievances the applicant will then uh be able to rebut anything that they've heard that they disagree with board
members will direct questions to anyone present we will hear further information close the public hearing and at that point the board and only the board will deliberate unless somebody decides to ask somebody else to to participate but
other than that um the board will deliberate um we will usually vote on the appeal not always votes are taken by roll call and at the end of the meeting we will close via verbal confirmation and note the time of adjournment so at that this point in time we're going to
do a roll call vote of all members uh stating their names and that they approve of this form of meeting starting with David V uh yes David h v and I approve this form of meeting David S nion I approve AL C simple I approve Lee Hy I approve Steven D dor I approve
Virginia J funck I approve and Randy podes I approve as well and first thing we have is minutes I believe and Paul yes I'll move to approve uh the am minuts that were distributed uh as
published but I'll make two changes or suggested changes uh one is uh on the first page uh the Roll Call of the board to achieve a quorum is actually a role called to authorize the form of meeting so I think
that change should be made from a quorum to authorize the form of meeting the second area that I would suggest changes is on each of the approvals from January 9th the draft omitted the first
condition uh on the uh approvals of the uh time period between June 30th and Labor Day on each of them there should be an no exterior construction will be allowed as a under number three other than that I think the minutes are
appropriate Dave V seconds uh as amended as amended and votes yes I vote Yes call votes yes Lee I vote Yes Steve Steve excuse me you can't just speak out
at a meeting you can't do that just so please don't do it again thank you uh Steve votes yes Jenny votes yes and as do I um I'm going to ask Channel 8 if there's
anything that we can do to accommodate the uh person's uh grievance that about things being louder we don't hang on one second I'm I'm not sure if we should take a recess for that or we will see what the verdict is here
one second we've increased the volume but if you can stay closer to your mic that will help a lot okay all right so moving along so today the voting members are David V David Nixon Paul simple Virginia Fenwick and
myself and with that I think the first application whenever s is ready application number 24-1 152 Mark Zippo care of Andrew L singer Esquire PO Box 67 dennisport Mass
02639 owner of property located at 139 Indian Hill Road North also shown on the town of chadam Assessor's map 8G block 3 lot E3 the applicant seeks to enlarge extend or change in non-conforming accessory structure on a non-conforming lot via the conversion of
the existing detached garage to habitable space and under the second accept Clause of section six of Mass General Law chapter 48 such substantial alteration requires the grant of a special permit the building coverage will remain 4.4% or 10% is the maximum
allowed the law is non-conforming and then it contains 44,6 85 squ ft or 60,000 ft is required in the r60 zoning District a special permit is required under Mass General Law chapter 4A section 6 and section 5B
of the protective bylaw welcome attorney singer can you hear us welcome yes I can thank you we welc thank you um I had submitted a letter uh a few days ago requesting respectfully if we could continue this
to March 13th um Mr Zippo um suddenly could not make the meeting today and he spoke with some of his neighbors last week and there were some questions and he wanted the opportunity to uh speak with them again before we present the petition formally and we're requesting
March 13th I know you have busy dockets coming up um unfortunately uh for both Mr Zippo and myself of your next three or four meetings that's the one that we're both available and we hope that that would work for you and we we appreciate your time thank you thank you
regret to tell you that that date will not work um but I can offer you an April date um but I'm not sure if that would work for you or we can offer you a May date if that's better okay um we could
um maybe what I could ask for is April 10th available mam chair um not really or so you looking at April 24th yes that would be a lot better I I I am available out on April 24th so that
is works that would be great okay thank you yes thank you okay so Paul I'll move to Grant the requested continuance to April 24 2025 uh Dave V seconds in votes yes I vote
no Paul V Paul votes yes um Jenny Jenny votes yes and I'm going to vote Yes as well I I understand that it was no fault of your own the reason for a continuous some things got complicated um and you just realized it
Monday so you didn't have time to um take care of the issue and so um I'm going to vote Yes but ordinarily we we do frown on continuances here um but um you won Helen I appreciate your time thank
you very much thank you okay our next application the next two are also request for continuances next one is 24- 148 chadam Productions 10 Anabel Lane whenever SAR is ready application number 2448 chadam
Productions LLC care of Greg Clark 1234 Chestnut Street Suite 211 Newton Mass 02464 owner of property located at 10 alab Annabelle Lane also shown on the town of chadam assessor map 14e block 37
Lot 2 on remand from the L land Court the applicant seeks approval of special permit number 22 2- 085 denied by the board on October 27th 2022 which saw approval to construct a single family dwelling in a gb2 Zone which requires the grant of a special permit the
proposed lot coverage is 5,515 square ft 44.5% where 70% is the maximum allowed the lot is conforming with 12394 square ft or 7,000 ft is required in the gb2 zoning District a special
permit is required under m General Law chapter 4A section 9 and sections 3 C 4 c26 and 8 d2b of the protective bylaw okay is there anybody here that represents um Chad and
Productions hi yes this is Victoria Clark I am remote um we would like to request a continuance due to the fact there was a um mix up with our engineer and the property boundaries as well as the house lines on the property were not
staked in the proper 2 weeks before the zoning board meeting which is I understand a part of the rules and regulations so we wanted to make sure we gave the board the proper two weeks so that all members who wanted to go out to the property to look at the property lines as well as the house footprint
would have the opportunity to and that is why we were requesting well so now I don't have to redo the rule I was going to do that but I don't have to do that I appreciate that um we have to offer you April 10th as the next available date I know you you just heard me say that wasn't available but we were saving it
for you because that is the DAT Council can be here and this is a remand so I hope April 10th is acceptable we don't have anything available before that so I'll save your could we could we do April 24th instead just because I know
our we have a conflict that be able to be there on April 24th um or sorry we're not sure if Council can make it that day so um that's why we we've tried to prepare for you today um the
best we could with scheduling you sure you sure there's no way for April 10th he then he runs into you know um Town meetings because Municipal lawyers do that in May so I'm not sure give me
one second okay sorry uh Madam chair could I suggest that um uh someone and the staff gives a quick call to town Council to see if that date is available for him and we'll wait for an answer while we handle the
other applications today okay so we could can we get back to you would that would you know just you can just stay on the meeting we'll be here for another hour we would have been here for another four hours if you were here but we're only going to be here for another hour probably so um
stand by if you would okay perfect okay so the the next application is yours as well but since we're going to have you stand by we're going to skip over that and we'll we'll we'll go back to it okay all right so the next
application that we're going to take up now is an actual hearing 24-1 151 38 Sandy shoes LLC and this is uh 38 Sandy shoes Lane
application number 24-11 38 Sandy shoes LLC care of SB design 693 Main Street chadam M 02633 owner of property located at 38 Sandy shoes Lane also shown on the town of chadam accessor map 16f block one lot
S2 the applicant proposes to change alter or expand a non-conforming dwelling in a non-conforming lot via the partial demolition of the existing dwelling and construction of additions and an accessory structure the existing dwelling is non-conforming and then it is located 18.2 ft from the westera
butter and the exterior mechanical system Appliance will remain non-conforming located 24.3 ft from the southern Alia butter where a 25t setback is required the proposed addition an accessory structure will comply with all bulka dimensional requirements of the bylaw but is considered substantial
alteration and under the second accept Clause of section six of mass gender Law chapter 4A such substantial alteration requires the grant of special permit the existing building coverage is 3,110 ft 8.5% and the proposed building coverage is
3,635 Ft 99.9% or 10% in the maximum allowed the lot is non-conforming and that it contains 36566 ft where 40,000 ft is required in the R40 zoning District a special permit is required under Mass General Law chapter 48 section 6 and section 5B of
protected bylaw welcome thank you st your name if your would Paul M SV design you're representing the ownership group of 38 Sandy shoes uh Sarah and I talked earlier today about some accuracy issues on the on the um advertisement so I'll like to go through some of the uh
requirements in the project uh scope here sure thank you uh it is an R40 residential zoning District uh the lot area is non-conforming in that it has 35 uh 36599 Square ft where 40,000 is required
uh the existing structure is non-conforming in that it sits 24.3 off the Westerly property line uh where 25 is required all current mechanical equipment is um conforming all proposed mechanical equipment will be conforming um as we get into the
proposed project U you can see here on on that Westerly of butter that 24.3 uh feet that that's our non-conforming uh issue along with the lot area uh the proposed structure
um we're planning minor alterations and additions to the to the structure uh we've been before the um chadam historic commission to review these these additions uh they've approved our our projects and um have worked with us to to get to this Final Solution now the um
the proposal includes uh removing this one-story Edition on the Westerly side and rebuilding it back with with additions that expand it front and back and add some second floor space but also push it back so now we're conforming to a 25.2 squ ft making the entire structure uh performing to the
setbacks um other additions include a a proposed accessory structure uh some some minor alterations and infill of covered porches uh on the on the backs side uh some Dormer work along the top and if we go to um Z6 the uh elevation
sheet oh sorry you have control so here we have the uh existing elevations on top and the proposed elevations on bottom and you can see this this one story bump uh going Westerly um this is built on a brick pad uh we don't believe there's any
substantial Foundation underneath it um so we're turning it it is condition space currently it does have baseboard heat uh we are removing this this bump to include a second floor over it and again expanding it frontward and backward uh you can see the dimension here 19 fo4 uh we're at 18 fo8 so that
is pushing in to accommodate that setback um other changes incl include the single window window dormers on this roof line going to double window Dormers uh the view from the second floor is quite amazing and we have very small
opportunities in the existing for for that View overshore Road and onto the bar and and water view out out Beyond uh the the rest of the changes we're we're replacing Windows we're updating siding um we're we're locating windows and exact locations and updating the the
screen porch here um you can see see uh this new chimney structure that that is a faux chimney structure it's a nod to the original blueprints that we found of the property from 1930 uh where we this was included as part of the original scope of work and we we felt um a nice
nod to the original design to bring that back if we go to the next sheet please Sarah so on this Northerly uh elevation there's not much change again we're we're updating siding we're updating trim um we're we're reworking the
original details as best we can trying to preserve as much as we can replacing in kind where we can't um you can see some of the windows have changed location slightly we're altering some of the windows in this Center section and um creating a habitable space in in this
garage and and lean to structure on the side next elevation please from the Sandy Sho side and Sandy shoes is an interesting Lane where it's tucked between Shore Road and and and the golf course you might never know that it's there um so this is the approach roach from that backside as you're coming
around the corner and you're seeing again here this existing covered porch and this inside L where we're infilling that with with habitable space some exterior doors and increasing the um the habitable space from the inside uh the main block of the the house you can see
we we've added a couple of windows but we've also replaced in kind some of these interesting windows with the padian uh half circle uh the the gang of Threes here and then again the addition uh removal of that one story section to a two story or one and a half story
addition to the west then the um southerly elevation again removing that one-story sun room and um building up this uh will be a family room on the first floor and a a bathroom and and um closet on the second
floor uh some of the other changes again infilling that covered porch and altering the the garage structure and again this is very much a nod to the original design from the blueprints that we found um these arch-shaped doors this circular window and arch-shaped window with the shutters here uh very much in
tune with what was happening from uh design in 1930 the the new accessory structure will have uh storage on the lower level and an office space and bathroom on the on the upper level uh it's a it's a reasonably small structure 380 foot uh
footprint um and then uh likewise we have a pool that's sitting situated behind this structure and in between the main structure so here the proposed site plan shows the elongated pool the accessory structure our our new footprint of the
addition and then patios and landscape and Hardscape are also shown on this this um plan the material is used for this uh renovation generally we're trying to match the existing as best we can so the existing side is an oversized cedar shingle uh we will have painted trim and
details again working as hard as we can to match or recreate the details that are on the house we find that those details are are very important uh both historically and for the structure itself there there's a couple a small handful of of homes that have similar details on Shore Road uh but they're
they're not seen very often in chadam so this this is a gem that we're we're looking to bring back up to a particular level of finish um the the roof line does have a red cedar roof underneath the existing asphalt so we're going to revitalize that detail as well and bring
back the red cedar roof um as SAR mentioned our our existing building coverage is at 88.5% 3,110 we're going up to 99.9% at 3,635 um again all mechanical equipment will be conforming to the
setback and uh again the chadam historic commission has approved our project here with that I'm happy to answer any questions or go right into the criteria um sure please do that great uh adequacy of the size of the site in terms of proposed use um the existing non-conforming lot has less than
required lot area uh however the zoning bylaw allows up to 10% of building coverage uh we will be building up to 99.9% maintaining a conforming uh coverage there's also adequate Green Space on both the West and East side of the property on power with the neighboring
structures uh suitab suitability of the site for proposed use there was no change to the existing use single family residential use impact of traffic flow and safety the project does include uh the introduction of a new curb cut on Shore Road um this will allow the opportunity
to approach the house from the front uh or the shore road side uh an appropriately wide driving path and vegetation that is cut back from the public way uh will provide a safe access point in this location uh we feel it will have very little impact on traffic flow and
safety impact on neighbor uh neighborhood visual character including views and Vistas uh the proposed architectural updates are modest uh with the golf course as the direct West abutter uh there would be no views or Vistas Disturbed in um from that direction likewise the the revisions to
the landscape helped uh um help the property breathe a bit so it was completely surrounded by privet at some point very recently and we've cut those privet down and and really let the the project be seen let the house be seen from Shore Road um the home is uh now
engaging the public way as it did in 1930 um adequacy of the method of sewage uh disposal source of water and drainage uh there is an existing cess pool that's uh housing the eight bedroom system so we're updating that to a modern system that again will hold eight um bedrooms
seven in the main house one uh accounted for in the accessory structure um we've talked to uh the health department about this and and they've agreed uh we will be adding a water line to accommodate a fire suppression system at the request of our owner so that will be part of the utility
update adequacy of the utilities and other public services um the existing uh electrical service is 150 amp we will be upgrading that system to accommodate uh electrical um mechanical systems as well as uh a couple of car
chargers um noise and litter we don't anticipate any uh additional noise or litter to be created by the proposed work compatibility of the proposed use with surrounding land uses there's no change in the current use as a single family residence the Abundant Parcels are single family residences minus of course
the golf course uh visual impact on the neighborhood and town visual character of any formula business establishment um the intent of the project is to augment to preserve the historical structure um and the characteristics of this pretty special home there's a a handful of
homes like I said the colonial revival home um there's there's a few built uh 62 Shore Road 123 Shore Road and one uh 520 Shore Road they have similar in tablatures they have similar coining details on the corner of the house um
these aren't very typical of chadam homes and this is something that is special and dear to us that we we're we're trying to bring this this home back um so the the visual visual character and impact of the neighborhood is is a special one that we're bringing this uh histor work structure back to
prominence with that I'm happy to answer any questions thank you is there anybody here on Microsoft teams that wishes to speak in favor of this application if so please make it known seeing nobody here nobody raising a hand
online oh May there is yes we we're online if you could just State your state your name sir that would be great Thomas good one and you wish to speak in favor wish to speak in favor I we have questions we have not been okay you need
to wait for the that part then just give me one second we will get to the questions and speaking against in a moment okay all right stand by next I will read the um correspondences and there are two one is from Judith Georgio
our health agent um received on 21 2025 um she received the plan to review and renovate the property the the plans call for a seven bedroom dwelling including a library as a bedroom and a one-bedroom accessory structured garage a site visit to the property confirmed
that the existing structure had eight bedrooms septic system plans and application were submitted to the health division for review please note that the septic system proposed is not an IA system nor is one required in this
circumstance thus I have no concerns at this time we we also have a letter from Christina basted from the chadam historical commission they met and decided on January 22 2025 that although this property is
historically significant the proposed changes do not Material materially diminish the home's significance so there they did not impose a demolition delay now at this time I will say if there's anybody here or on Microsoft
teams that wishes speak against or has a specific question please raise your hand sir please go ahead state your name one more time please Thomas Goodwin uh we uh live next door uh to
the north and we have a few questions uh we see on the West Side a square building that doesn't exist now and uh want to know more about that building um and we also see what appears
to be a septic system along um the northeast corner of of the property being reviewed I would like to know more about that is that where the existing system is or is this
new okay so we're going to have those two questions put to our applicant so uh septic system first generally yes there is a septic uh a Cess pool system um on the Northern side of the property just above and and I can
point to it um just above or hovering over the leeching field for the proposed system so that that system is um meant to be replaced it needs to be replaced you know the house was used very sparingly
in recent years and uh it's not in good good condition that septic system so this new system the leeching field again will be completely buried the tank will be fur away from the property line on that Northern AB butter but yes this this septic system will be placed here on the Northern side of the
property uh the proposed structure here is a one and a half story structure uh storage on this slow the lowest level and uh an off it's going to be used as an office or writing uh office on the second floor will have a bathroom um but it is meant for storage on the lower
level and and an office bace on the upper level does that answer your question Mr Goodwin what what is height of that building 19 fo4 to the highest point of the ridge so here's one of our concerns we
have incoming let's let's say from the golf course U uh in the way that uh our house was was built it was not Square to the property so we actually um you know face the golf balls and and we certainly
get them um and so anything that on this project that uh would improve that U would be welcome uh for instance there at the current time we have a very high
privet uh hedge that goes down uh the complete uh line the northern line of this property uh that does block goth balls that is therefore desirable um and uh we haven't been told
anything about the state of that if it if that gets taken away U that's not that's not good news for us we our property is going to be shelled with cop walls so is your question whether or not
that that is going to be taken away that area yes okay can we have any answer we intend to keep the privet and in fact build into a buffer for a slightly better level of privacy um we understand the golf balls we find them every time we're we're there um the the accessory
structure won't protect his property at all in fact we might get pegged with a few errant golf balls but the the private on the Northern Edge is meant to stay you heard that sir the private is meant to stay yeah we appreciate that so
I I asked that the um historical U commission review uh about the the northern uh side of this building and we understand it's non-conforming I'm guessing because I'm
not a pro at this but U if it's pre-existing and non-conforming it can remain is that correct yes okay subject to a special permit that they are now seeking okay and and I also Mr Goodwin
the northern the northern side of this structure is conforming we're 28.3 ft away from the property your your property line where 25 is required uh and in fact we've improved the situation on the on the southern side by um moving the structure away from the property
line so now the the full structure is a zoning conforming Dimension to the setbacks even better yeah even better is right I appreciate that thank you you know we we're just trying to
understand what's coming our way that's about the size of the this um but you know the um we U if you might uh listen for just a minute you actually have two minutes
left just so you know you there's a five minute limit that I announce at the beginning but if you want to take the two minutes you are welcome to do so okay well the the previous owner uh uh her parents built our house and then
this house became available so they uh they purchased this house that's a little bit bit of the history so uh so we know it pretty well um and we hope to have nice relationships with the new owners and uh we just want to know what's coming our way so
um appreciate all of the comments that have been uh said um and um we look forward to to seeing all the good stuff that you're going to do yep well thank you for uh attending the
meeting and uh we will um say goodbye okay thank you bye okay so another hand raised um uh I believe it's an Camy and Cammy
please um hi yes hi hi um we're actually The Neighbors on the other side um can you hear me okay we can thank you okay um I just have two quick questions um and one may have already been answered the first is about how far the pool will
be um from the from our property and then the second um is about the use um obviously I mean we love being in the middle of chadar in but um you know we kind of like being across the street so I just wanted to confirm once again that
this this property is only zoned for residential use if I'm understanding correctly we'll let you answer that okay uh the first question the pool separation will be zoning conforming we are 26.8 ft away from the property line to the edge of the water and uh we intend this to be a
single family residence okay well in that case I just want to say it looks beautiful um as most people know we just did a big renovation ourselves um and faced similar you know hurdles we had to jump over so um wish you the best of luck it
looks like a a beautiful design thank you okay all right so that's that is there anybody else here on Microsoft teams that has a question or wishes to speak against this
application seeing no one else we will now have questions from the board Jenny hi Paul um I have a question about um the curb that's being cut into the front yes um so is that the only parking
uh will remain a there will remain a driveway area on the back side okay can you show me that so the Sandy shoes existing driveway you can see the lines that travel in here we're going to make it a little bit more angular uh to to the rear property line uh so we're coming in we have essentially two car
parking opportunity in the back and then the if we scroll down just a little bit that that curb cut coming in will give us maybe two maybe three spots of parking in the front Okay so ficient for eight seven bedrooms large home I think
so okay no garage that's going away that's becoming a playroom that's become becoming a playroom okay um related to the uh the woman who the neighbor who just called in single family residents so you know I can't help but notice that the U
markings say chattam Bar's in would would there be any chance down the future in the future where that could single family residents would change like how how that couldn't happen to I'm getting to that question that the neighbor asked uh as it being part of chaten bar in no it's a it's a single
family residence okay all right that's all I had thanks Steve questions I don't know don't really have any questions it looks like a nice project but I did just have two an observation on page Z3 do
you how about have you saved that for for deliberations unless it's a question we're trying to question a question okay you po so there there's a call out to Bath number two it looks like it's pointing to a closet and bath number three um but then there's also a call
out on the next page I think on p on Z4 where those two bathrooms are on the second floor so if you could just correct that sure I think it would be appreciated a numbering issue but yes there there is a a bathroom on the first floor and it it's an existing bathroom and we're we're renovating it um so that
that bathroom is meant to to stay and remain and yes that's called out as bathroom two and there's there's bathroom one over here the second floor on the next sheet should be bathroom three and four right okay thank you okay questions um just a question about the
accessory structure does that not have a garage in it it does and we are making minor modifications to that and we'll approach SAR with with the minor modifications uh to to include um no garage in that space but uh our
application has a garage okay thank you and Paul yeah my question actually related to the use as well um but I take it from your responses that this is not going to be part of the CBI rental uh properties
that are available the ownership group is is uh from CBI yes uh but we intend this to be a single family residence okay um unfortunately some of those golf balls that you're finding there are probably mine I have no other questions David Nixon
questions yeah several uh several questions I understand what you say it's going to be a single family residence uh but um looking at the ownership it will be rented I presume through the same entity that rents
CBI that only makes sense I mean that is also true I believe of the octagonal house that that is a separate ownership is it not I don't know yeah that okay I think it is because uh anyway so
um when I was there and observing that building I thought to myself boy um you could cut it up pretty easily and make it two units uh because it's held for rental
and all that kind of stuff but there's something about maximizing um rent value if you had a single family home and from what you say that's what's going to happen there I mean you could be talking huge dollars per week which has nothing to do with you and I
understand that um did you draw up any other plans for this that indicated a possible two or three unit building no single only we we did talk
about other projects here where the house needs a lot of work there's knob and tube there's lead paint through in throughout uh the windows are some are original and and we talked about demoing the house and adjusting the angle to The
View and sliding It Forward onto closer to Shore Road still a single single family residence um through that process we decided to come back to the ownership group agreed to a renovation project and maintaining what was there to the best of our abilities bringing it up to a a
modern standard of utility and and um just just maintain this beautiful architectural gem uh the idea of putting u a parking area in the front of the house on Shore Road uh that doesn't strike me is being
a way to add to the beauty of it or what it is uh to me it's an infringement uh I'm sure you thought about putting more parking spaces out back that certainly is an area to do that well there's a public side and a private side
to this house mhm and the The Shore Road is is absolutely the public side the sidewalk across the street the the area of walking path the house is is now seen putting the parking in front and letting the family with their children play in the back to a particular degree of
privacy was part of the process and part of the thinking so having a car or two in the back yes but having the majority of the cars in the front is the main idea and you think that's a active with the proposed Gardens and Landscape that
we're doing I I agree with the process mhm okay okay thank you sure thing David V questions um well just I relation to what Dave said didn't the in also purchase the house on the corner of um
um Claflin landing and and and so that's another private residence that they own you know so they have acquired private and residence in the in the neighborhood but um no I well the only thing in this I'm
you're I I noted when I was out there was and and because this question pops into my mind sometimes and and I don't know Paul that you would be able to answer this but I I'm curious that this idea of bleaching white cedar shingles
uh on a on a building which it looks like they've done that um and and I've never quite stod the reasoning for that but it sounds to me I guess my question would be it sounds like you're going to be replacing the uh siding as
well and before the sales Somebody went and power washed the shingles and it creates a modeling and it creates less consistency in the age of the shingle I'm not sure where to answer that but but yes we are replacing shingles yeah okay great that that's all
I had thanks and Mr Nixon has one question for you or maybe more yeah this is uh through Sarah Sarah would you refresh my memory about why the octagonal house had to be in different ownership and why the other house that Dave was talking about had to be
in uh different ownership it had something to do with renting it through CBI and CBI couldn't own it um so going back to 2009 or 10 I believe it was with the octogonal house possibly
even before that um the board had conditioned the special permit to do something they were doing something to the house I don't remember exactly what um but the board had conditioned that it could not be rented as part of
cbi's property um which the owner did not do um typically under zoning you can't restrict ownership of a property um so this I mean it we've been told it's going to be used as a single family
dwelling and a single family residential zoning District um I don't know Jade you weren't here at that time but do you know anything about the history of why those had to be in different entities in CBI I do not okay
but if they were going to use it as anything other than a single family dwelling they would have to do a change of use permit and go through some sort of process but I mean I don't know how they would do it yeah okay thank you thank you I was just trying to clean up in my own
mind so this can be rented out as a single family if my family didn't live in chattam already and we wanted to come here we could say we're looking for a single family home and whoever it is that is the agent can say okay here you go pay $5,000 a day and you can use it I
suppose it could you know we've worked very specifically with the owner here to um customize this house to her very specific wants and needs mhm it's a single family home yeah and as far as you know nobody's ready to come buy it
they're not going to sell it no no okay fair enough this has been a labor of love to get it to a point where where the owner is very comfortable with what we're doing and Virginia Fenwick another question I just Paul have a followup question to the parking um curb that's
going to be cut would you say two cars or three cars it has enough space for for about three cars in that front so did that have to go to the I I saw that you had to go historic twice but I didn't see anything for the planning board do they need to approve that is is that something we're approving I believe
it's a um a minor work permit with DPW um I can confirm that because you know Shore Road is a busy road and uh you know walking jogging cars um so I'm just surprised that you can just cut in
a driveway for such a substantial um uh residence you know with that many potential and and it's not the first curb cut on Shore Road and we feel comfortable with this because the the sidewalk is on the opposite side of the street so there there's only there's only a grass area on on this side of
Shore Road okay thank you sure thing okay questions did you have any more Paul or you want to no I'll move to close the hearing and move into deliberations Dave V seconds and votes yes yes B votes yes Jenny votes yes do I okay deliberations
Steve well uh first of all I'm glad to see that you're respecting the uh the historic nature of this house and doing your best to um even restore parts of it that don't exist today um I I you know I think it's a
nice project you you are U reigning in that that one setback that's that's over the line now so um I I think everything that's being done is um is for the good of that house and I think it's a nice project thank you Virginia Fenwick
deliberations um I agree with the effort that's been made to not tear it down and to maintain it restore it um I did watch the historic hearings and you know they didn't like the first Design This is the second design and I agree with their
comments I think the first one was was too busy so I I really like what's being being proposed um I I I have a little concern about the the dry the cut into the not just for the traffic flow and safety criteria but also um
aesthetically I agree with Mr Nixon I don't love that however it's not my home and the use you know if it the back area which is primarily driveway today and parking with the two-car garage um is not what the new you know owners want to
do and they want to keep that private for playing and whatnot um that's their right it is Mr Nixon deliberations you ready to deliberate I have nothing to say thank
you no okay Mr vich deliberations yeah I I think it uh I I I think the design looks very very nice there looks very good I mean they're working with I mean they by the time they're done they will have um replaced probably much if not
all of the building but they are essentially working with the building that's there and um um which we don't see that very often particularly I mean we so that's that's a nice plus uh
actually when I'd never noticed that house till they cut the Hedge down in front you know that's actually quite an improvement um just cutting that hedge down so you can see what's going going on there um anyway I don't see this is certainly not um substantially uh more
detrimental to the neighborhood I think it's an improvement uh it does meet our other criteria um and um I'm not as concerned about or I didn't have a concern I don't have a concern as much about the parking in
front I mean to someone who who didn't was driving down Shore Road and kind of was not aware of the different ownership of the various buildings and things I mean there's a lot of parking and buildings
and it all kind of works together and so a lot of it is CH is chattam bars in but you're not really aware of that necessarily so I don't think having three or four five cars parked on the this um Shore Road side of that house is
going to be detrimental or or more detrimental uh than than um what's exists now in the situation so I'm not concerned about that so I I will be supporting it thanks well well I I agree it's certainly not
substantially more detrimental to the neighborhood I think uh the only concern I would have on the curb cut would be line of sight and whether there's sufficient line of sight uh which I think DPW and uh can take care of uh so
from that Viewpoint I don't see a problem and uh it's certainly nice to see it upgraded and done in a historic manner so um I I think it certainly meets our criteria and Lee yeah I agree with my colleagues and I agree with you
it's a beautiful piece of property and a gem of a house and it is nice to see it because I never noticed it either agre um and I do applaud the owner's um you know willingness to restore to keep it you know
historically um you know appropriate so I think it's a good project it meets our criteria and um it's going to be fun to watch um okay so I would just say that when they do that curb cut anybody that rents
that is going to just be there at their own Peril obviously it's going to be extremely busy dangerous in a sense um but not enough that I could say that this whole project is substantially detrimental but it probably is an amount detrimental because of the traffic area
that is and there's probably going to be C in the front and the back when you think about it realistically and uh people coming and going all summer from there we'll be able to watch that and uh wonder if we made the right decision but with that Paul um well I'll move to approve the uh
application but I guess I I I would ask you what your plans are in terms of uh timing for construction and location of uh construction vehicles and so forth planning to move immediately and we can fit all construction activities on the
site very comfortably okay so uh we're not going to have any backup of uh construction activity into the parking area for the golf course then no all right no all
right um well I'll I'll move uh on the basis of our standard condition for U approval uh with 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 no exterior construction will be allowed no work shall be permitted on the weekends and construction activity between 8:00 am and 5:00 P p.m only yes yes sir the the construction activity will be maintained on on site we do have considerable area on both the
the north the west and the east side is there any way we could avoid the uh no exterior construction during those those time frames we have to take a vote on that um so let's just see is there anybody that wants to for forego that and and let him have what he needs what
he wants is there anybody that wants to do that I don't see any takers so we're gonna have to stick with that I I oh yeah I'm I'm just I'm trying to think it through myself I um I don't know it's a good siiz project
um even if you do Mr Vach want to be that it's not going to be enough it's not be enough if I were to go along with you might it's enough yeah I mean I I try to look for for instances where we can't allow I do too um I do too and and
um and since he's asked uh I I might be inclined to give him the benefit of my doubt well we had we had two Neighbors on each side of the building uh online I don't know whether they're still online but I suppose they could chime in if they said no it's no problem for us if
they want to go ahead and and build are you asking them Paul to chime in and just and then your vote might be in accord with Mr V well Mr Goodwin is is Mr Goodwin what say you about restrictions on construction well as I understand it
um you're agreeing with 8 to5 uh but not during the summer months is that correct what we're suggesting is that between June 30th and Labor Day no exterior construction would be allowed no work would be permitted on the weekends and construction activity would be only
between 8:00 a. and 5:00 p.m. only well uh we do rent our house u in the summer and U that starts mid June so uh people aren't going to be thrilled to have a lot of construction going you're
not on board with that correct you're not on board with that you'd rather keep our usual restrictions right yes okay we'd happily keep the 8 to5 and no work on the weekends if if that was amendable to to that didn't sound amendable to that gentleman um well I I've moved on
the basis of those conditions yes you did don't we go from there all right David you want to Second uh yes I I will second and I'll vote Yes and Mr Nixon I vote Yes all vote Yes J votes yes as do I it's unanimous
congratulations thank you appreciate your time yep good luck with your project at this point we're going to go back to um Victoria Clark Madam Miss Clark um can you hear me we yes okay we have an answer for you
in the affirmative for April 24th 2025 and right now what we've read onto the record is your application 24-48 so are you asking us to take
24-48 and move that until April 24th 2025 yes okay Paul yes I'll move to Grant the requested continuance to April 24 2025 DAV seconds inot yes don't we don't we have to read that
we that was read oh the second one was we didn't get to that yet we haven't done the next one yet we will have to read it and vote on that one as well very good okay yes yes all votes yes as okay so that's unanimous for
24-48 now if you could please stand by we need to read your next application into the record and do the same thing application number 24149 chattam Productions LLC care of Greg Clark 1234 Chestnut Street Suite 211 Newton Mass
02464 owner of property located at 5 Annabelle Lane also shown on the town of chadam assessors map 14e block 37 lot 5 the applicant proposes to construct a single family dwelling in a gb2 zoning dis Zone which requires the grant of a special permit the proposed lot
coverages 4,13 ft 31.2% where 70% is the maximum allowed the lot is conforming with 12,877 ft² or 7,000 ft is required in a gb2 zoning District a special permit is required under Mass General Law chapter
4A section 99 and sections 3 C4 c26 and E d2b of the protective bylaw okay Miss Clark would you like us to have a motion here and move that application to April 24th as well
2025 yes I appreciate that okay Paul microphone excuse me um I'll move to Grant the requested continuance uh on 24-1 149 to April 24 2025 Dave V seconds
and vote Yes I vote Yes yes all votes yes any any votes yes as do I it's unanimous congratulations and we will see you in April wonderful thank you so much I really appreciate it thank you goodbye okay
yep next application is going to be 24-42 monoy Community Services I believe and that is William G litfield Esquire for 166 Depot Road
and then there's going to also be um oh did they only read one there's two applications oh there's two applications Sarah is going to read both application number 24-42 monoy Community Services Inc care of William G Lichfield Esquire 330
Orleans Road North chadam Mass 02650 owner of property located at 166 Depot Road also shown on the town of chattam assessors map 16c block 83 lot 67 the applicant seeks dimensional variance for the demolition of the existing deck and construction of a new
deck 30 ft from the road where a 50ft setback is required a dimensional variance is required under Mass General Law chapter 4A section 10 and section 8D 2C of the protective bylaw under application number 24- 143 the applicant proposes to change alter or expand a
non-conforming structure on a non-conforming lot via the construction of additions the existing structure is non-conforming and that it is located 30.3 ft from the road and 8.4 ft from the Souther Leo butter where a 20 20ft setback is required the proposed deck
will be non-conforming in that it will be located 30 fet from the road where a 50ft setback is required the proposed additions will conform to the required 20ft of butter setback the existing lock coverage is 2764 ft 21.8% and the proposed loot
coverage is 3,685 Ft 29.1% where 50% is the maximum allowed the lot is non-conforming and that it contains 12,652 Square ft where 20,000 ft is required in an SB zoning District a
special permit is required under Mass General Law chapter 4A section 6 and section 5B of protected bylaw Mr litfield attorney litfield welcome thank you very much good afternoon members of the board Bill Lichfield here on behalf of mono Community Services with me today
are Teresa Malone uh at the rear of the hall and also our architect Allison Lessie of A3 Architects I suspect all of you are familiar with mono Community Services a nonprofit educational Enterprise which has been serving the
Youth of our community since since I was one uh more than a half century uh and has owned 166 Depot Road since 1983 although I believe it operated there for about 10 years before um MCS has as its
primary purpose education that's an important point Point as I will relate later we are here uh to request relief in two areas both of which are important to the educational purposes and community service which MCS provides
they will enable it to continue to serve the community and also because the chadam Children's Fund will be relocating to this facility we want to construct some conforming additions uh all but one aspect of the appeal is completely conforming uh to better
accommodate the existing programs as well as the chatam Children's Fund and also make the building more ADA Compliant as well as energy efficient we've already received approval from the planning board under site plan review and we're approv approved by the hbdc
with words of accommodation for the project so I'd like if I could uh with your Indulgence to ask Allison to talk about what's proposed for the building and then I'll go into the the zoning aspects and the criteria perfect thank you welcome hi
can we bring the drawings up yeah oh okay um I'm sure as as Bill said you all know the building so am I doing this the wrong way yes um we have a historic building here and we're making some very minor modifications to the historic portion we're proposing a
covered entry and we're proposing a second Dormer so there is a dormer and we're proposing an additional one and we're proposing um a small addition on the main level it's one story and uh where the existing house or project is
two stories um and if we can look at the next slide here we are on the west elevation so you see this is the proposed one story with the walk out um basement level below and you can see that the historic structure does that as well um
there have been a number of additions to the historic structure so this is existing and we're proposing to renovate the historic piece but um it it is an existing appendage to the storic building at the next slide um this is the back elevation so facing the ball
field and you can see this is the historic structure it's a Greek Revival as I said it's been touched it has a very Monumental stair coming down to the field um and again we're we're using this walkout level for for children's activities and we are proposing solar
panels you see those on our Sunny South elevation and the next slide and this is the East Elevation and as it works now the many kids who enter the building come down this side and enter to the lower level so we're proposing a covered entry at this again as Bill mentioned
we're we're just hoping to make the building more accessible and more um friendly this area is being renovated this is a small um cubby or mud room for the kids coming in and out next slide so in yellow we're showing what's
being proposed so we're working our way up this is the lower level currently a children's center we're just proposing as I mentioned this kind of more robust entry a mud room um with cubicles for storage for coats and kids
and we have um new Mechanicals and storage um in the yellow new footprint area we can look at the next slide and this is the main level where we're showing a proposed covered entry again to make it more accessible and then we're our new propos osed area is
all handicap accessible and we're proposing just more space more business space more office space an accessible bathroom and kitchen and expanded or opened up and renovated um children's area and storage
areas next and this is the proposed or the second floor this exists um we're proposing a new Dormer as I mentioned and this is a storage and office space on the upper level so it's quite a um a minor I would say or small smaller um addition to what's there but we just
think that it you know we're looking at the building in its totality and trying to improve it for the nonprofit so it works a little bit better for them and I'd be happy to take questions as they come thank you Tony litfield you very much thank you Allison while we're in
the the small business Zone the neighborhood is as you know largely Municipal and given its longstanding uh relationship with and support by the Town M CS fits in this location uh in
light of the somewhat we think appro well both minor and appropriate uh nature of the request before the Harrison case um all of what we're seeking could have been granted by special permit and in fact I think for reasons on which I'll touch later I
think they still can but we've applied for both variants and a special permit because as you know since Harrison structures other than singly single family residences are deemed to require variances for changes and this that may
apply to one but only one of the changes here proposed and that is the Reconstruction of the deck on the Depot Road north side which is currently 50 ft from the street where uh 30 ft from the street rather where 50 ft is required um
as we know variances are appropriately granted sparingly but they can be granted when the criteria are met and I think you can find that they are as I'll show a bit in fact though if we can reconstruct the existing elevated deck
as a ground deck or patio and still be compliant with Ada regulations we'll do so uh if we can if it becomes a patio rather than a deck under the historic interpretation of our bylaw which is that patios aren't structures and don't
have to meet setbacks we may not need that relief for this aspect of the project unfortunately we don't yet know because we're dealing uh with a tight timetable for Grants from the Commonwealth of Massachusetts and because we had all already revised our
plan several times and rather significantly to make all of the other additions and Renovations conforming and completely compliant we decided to move forward but there's another important element involved that I think some of you with which some of you may be familiar and that's the language of uh
section three of chapter 48 the so-called over Amendment which provides that quote no zoning zoning ordinance or bylaw shall regulate or restrict the use of land or or structures for educational purposes on land owned by nonprofit educational
Corporation provided however that such land of structures may be subject to reasonable regulation um we we are perfectly happy we wanted to go through site plan review hbdc and your review as well uh there's
lots of case law on the Dober Amendment from the the Mormon Temple and Belmont to the tus University and Boston College cases and there's an interrelationship between uh section three which is the Dober Amendment not named for any former select board members from that town uh
and also section six uh which is the non-conforming language uh even though under Harrison uh we might otherwise need a variance there are cases such as can cell and primr school which require a balancing
of the interest uh that balancing is noted or is is shown in the statute by the permissive may as to regulation not it's not the mandatory shall as to the application of demensional restrictions uh the SJC held in the tough's case the
statute is designed to encourage accommodation between protected educational purposes and matters of critical Municipal concern it's been held that if a stringent application of dimensional requirements serves no Municipal purpose there need
not be strict adherence to them and in that case a special permit rather than a variance is all that's required other cases have said that given the interplay of sections 3 and six of 48 uh it's invariably an ad hoc fact
specific determination which is what you do in every case anyway because no two properties are the same here though with the Little League field and Veterans fields to the South and West the support of a butter to the East and Municipal uses to the north as well as throughout
the the neighborhood and given the stated purposes of the bylaw there's really no need for rigid adherence to that dimensional regulation and in the Boston College case the court said that in such a circumstance we can then proceed as would any other applicant uh
just by seeking a section six determination uh in which case all you would need to find is the proposed alteration is not substantially more detrimental having said that uh I'd suggest that you if you're willing to that you grant the relief sought in both directions both variants in a special
permit so that there is no uncertainty sort of similar to what was done on by you in regard to the chadam Historical Society at w House Museum uh so with that I'll go through the criteria for the special purpose permit and then the variance even though that's sort of in
the reversal order Madam chair would you prefer that I go through the variants first doesn't matter to me I'm going to let Sarah answer you um because I don't think we need to do the variance but so it'll be up to the board based on um your applying for do and the certain protections that are allotted to that
type of use um as well as the board having been given Town council's opinion that um this use is falls under do protection um the board may hear it if if the wants to seek the variance
approval they can however he can also request to withdraw that knowing that it it's only needs a special permit yeah could would you like to withdraw I'll I I will do whatever the board would like me to do so that you can go home soon yeah that's what we would like you to do
that's fine go straight into the special permit and afterward withdraw the variance as to adequacy of site including building covered in setbacks the site was developed long before zoning uh the existing structure is non-conforming as to the rear lot line
uh which is the Little League field uh coverage is less than half of that allowed the building itself meets the 50ft street setback the site has been adequate for the nonprofit educational use for decades uh if you approve the special permit you can do so based on a finding the site is adequate for the
conforming additions and the deck how front deck however we end up doing it that will otherwise meet all setback requirements and increases a lot coverage to just 29% where 50% is allowed in the SB District as to compatibility of size I didn't do my
usual comparison because it's frankly so obvious but the neighborhood includes the community center which has building coverage of 177,000 square ft the fire department is 16,000 Square ft the elementary school 55,000 we're at400 if you approve the
special permit will increase to 2,289 squ Ft of building coverage still much smaller than most buildings in the neighborhood which again is a community service oriented neighborhood as to the extent of increase in nonconformity
there's none uh even if we have to have an elevated uh deck out front it will not extend any further uh and if we can do it at grade it won't be an issue at all it's the suitability of the site the site is is suitable for the use that it's had for the last half century as
well as for the additions which have no environmental impact scale sighting views and Vistas the existing structure which parenthetically was once the home of uh the grandparents of a former me former member of this board uh recent
former member uh it seen several additions to which Allison alluded but it set back from the street not massive now won't be massive if you approve this special permit the covered porch and additions have been reviewed and approved by hbdc again the scale is
appropriate I think it'll have a positive impact on the streetcape it's the compatibility of use it's an educational Community use that isn't going to change and certainly having the child Children's Fund there is not going to change either we're on Town sewer I think the chair will read a letter from
uh Judy Georgio in that regard uh noise and litter we're next to the Little League field and Veterans Field and the fire engines coming and the rescue squad going back in and out of the fire station I don't think that there's a lot lot of noise from monomi community
services so the overall issue is whether the proposed changes to the MCS building which are compliant as to the bylaw with a Aster Risk by the deck without increasing in non-conformity whether those changes substantially more detrimental the neighborhood the deck
issue was somewhat Complicated by ADA compliance matters as well as topography but I think if we needed a variance we could probably get it because of that topography the neighborhood is a Center of educational and Community uses of which MCS has been an important part low
these many years and upgrading the building with Ada Ada access and appropriate architectural detail consistent with the requirements of the bylaw is I think a worthy cause and worthy for the grant of the grant of a special permit certainly not detrimental
let alone substantially more so and in light of the criteria and the plans uh be happy to answer any questions thank you very much is there anybody here our Microsoft teams that wishes to speak in favor of this application if so please raise your
hand seeing none I will read the correspondences there is a note from Judith Georgio on 21 2025 she tells us she's reviewed the plan to add additions to the existing monoy Community Services building at the above noted property um
the property is connected to chattam Municipal SE the proposed plan does not add sewage flow to the property I have no concerns next we have a note from February 3rd 2025 from the um planning board who approved the um the changes as
amended with their standing conditions and next we have a note from let's see the historic the hbdc and they tell us on January 22 2025 that they met and rended the following
decision about this property they voted 500 unanimously approving the construction of additions and new front cover deck to the commercial structure located at 166 Depot Road with the standing conditions that any changes or alterations to the approved certificate
of appropriateness require additional approval by the hbdc and that may conclude the correspondences it does is there anybody here on Microsoft teams at all are that
wishes to speak against this application please let us know don't see anybody that wishes to speak against or that has a question no questions from the board Mr vich no the only question I had I I Now
understand I why do we need a variance here I forgot about harison um so um and I don't think we need one anyway so um I have no other questions thanks Mr Nixon no questions NOP Mr Simple no
questions and Lee no questions Steve Steve has no question and Jenny well my question isn't actually zoning releas um and it feels a little you know silly in the context of the great work that you're doing but um why
are you removing the chimney on this historic building and what and I know this went to hbdc and they didn't comment on it at least not that I heard the metal roof why the metal roof um I know it's kind of a municipal area maybe that's why but it just seems a little in
congruent with the historic well I believe that the chimney is um being used only to vent the HVAC right now I don't think I'm not sure that it is the historic chimney um so they they were okay with us removing it we're proposing to remove it so that the solar works
better um and the metal roof we felt like the on story material change that kind of marked what was new and what was being added was a more respectful way of touching this Greek Revival building and sort of like marking this is new and kind of keeping we you know we really
wanted to keep the what's nice about the Greek Revival are the heavy pediments the trim and we want to make sure those details stayed intact but to do that we really need small roofs and and and when you do that they become metal they shed water better as a metal roof so you do
see them on historic houses but I think they're they're not very visible um to the eye you see them a little bit in ation but that's why that's the material Choice well as I said it's not really a zoning criteria but I I was I'll take architectural questions I was I was
curious about that thank you okay Paul I'll move to close the hearing and move into deliberations Dave V seconds in votes yes yes all votes yes Jenny votes yes as do I deliberations David Nixon if I even thought about voting
against this I think my mother would rise something the grave and give me a good whack right in the head is that I can't follow that one well um no there's certainly not substantially more detrimental to the neighborhood it's
it's a it's an improvement all the way around um for the neighborhood that the additions look look very well and and uh certainly um uh to uh anything that anyway and I can help contribute to the
uh work of mono Community Services I'm always happy to do so very good um excuse me um Paul yes I agree it's certainly not substantially more detrimental to the neighborhood that's for sure and Lee yeah I agree it's not substantially more detrimental and I
would actually argue that it's beneficial to as I think um attorney Lichfield said the center of the community for chadam I feel like that whole area is like um it is one of the hearts of chadam
with the Ballfield and the community center and the fire station and the rail Museum and the tennis courts and the elementary school I mean that is a really really important part of chatam and to um support our families and
children by a renovated commun um monoy community service building is just it's Priceless you you have to do it you have to do it for the families of chadam and you have to do it for the future of chadam so well done well said Steve can
you beat that um no I can't I think it's a good if it's a benefit to MCS then then so be it and I don't think it's going to have an adverse effect on on anything around it so I think it's a good project and Jenny nothing else to add certainly not can't
follow what Lee said so I I would support it I'm GNA deare to follow what Lee said and I'm going to read a little portion of council's opinion and I think it's just such a tribute to Teresa and the institution they have there indeed we've repeatedly held that a program
that instills a basic understanding of how to cope with everyday problems and to maintain oneself in society is incontestably an educational process within the meaning of the do Amendment and that's what they do there they have
little children and they show them how to act so how can you argue with that maybe lawyers might deserve less adult programs would be in order yeah I wish I could have gone there so with that
Paul follow you Mike what I'll move to approve the application as submitted what's the plan in terms of construction uh we we're still thank I appreciate the reason for that question we're still dealing with the Commonwealth of Massachusetts and the possibility of some grants and construction is not
going to be immediate however given the location and given that it we've we're 50 ft back from the street while I don't think we'll be doing anything before Labor Day I would be happier if we didn't have that construction limitation
seasonal construction limitation again there aren't neighbors the the tennis court balls may make sufficient amount of noise and again with the fire station and everything else I would prefer that we not have the seasonal limitation yeah my only my only concern would be the
activities on the ball field and uh that whole spot down there once you get into summertime it seems to me it would be difficult if you had construction going on there does that make sense it it does and I don't know would it be unlikely
that this would would it be likely if this would start before Labor Day no then uh if need be what I would suggest Mr Simple if if the limitation were imposed uh we would certainly accept it but but if we had to come back to you
for modification in May or April of 2026 we would ask then for for a revision if need I'm sure there would be no problem in doing that if if it were necessary so I'll uh I'll move to approve the application as submitted
with the provision that all construction activity and vehicles well I don't know that we're going to be able to keep things on sight uh but if the activity is not during the summertime um we're probably okay so how
about if we said that between June 30th and Labor Day no exterior construction will be allowed no work will be permitted on weekends and construction activity between 8:00 a.m. and 5:00 pm only that's fine Mr Nixon has a yeah I I would suggest on this in this case that
we not have any conditions I I really don't think we need to do it I mean these are very responsible people running a responsible program I I just don't think we need how many people would go along with what Mr Nixon just proposed and just no restrictions I
would go along with that yeah okay so so we'll just rely on them to impose their own restrictions which are consistent with what we're saying yes all right on that basis appreciate that I'll move to approve the application as submitted yes uh yeah Dave reach um seconds and votes
yes I vote Yes all votes yes Janny votes yes and uh I vote yes as well that's unanimous and now you would could I request Madam chair that uh appeal number uh 142 24142 be withdrawn without prejudice yes
Paul uh move to Grant the requested withdrawal without prejudice David second and votes yes I vote Yes all votes yes jie votes yes as Dwight unanimous congratulations and best of luck and uh with that I will move to
adjourn dve seconds and votes yes I vote Yes all votes yes I vote Yes Steve votes yes Janny votes yes as to why and what time is it 5:25 it is 5:25 p.m. all
right good night chadam [Music] [Music]