e e tell I said will she was kind of did you go to col Tony drive I guess he didn't realize until after that's why but I don't care really but it just seems like
okay e e e e e e e e e
e e e e e e e e e you have to shut the door oh thank you good evening and welcome to the
March 10th 2025 um meeting of the zoning board of appeals my name is Karine JY and I am the chair um of the board to and I will introduce the board members to my right is Ken scholes he's the
clerk um to my left is Ken um jarvin to my far left is John bowner and from our um planning department our planning director Mr Brian zelli um as you can see there's only four of
us this evening and we typically have five members on this board so if for any reason um we take a vote and you don't have the vote you have the ability to continue to the next hearing until we
have um a a full Board of five members when your when the clerk calls your case name and your docket number either the applicant or whoever's representing the app applicant please um go to the podium
um present your case the procedure is the board will ask questions we will go out to the A audience for any questions we will also go online because this is um um this is is broadcast over our Decat station so members from the
audience might have some questions and then we'll go back um to the board for deliberation and then we will render our decision um I ask everybody to um silence your electronic devices if you have any questions or if you want to
speak at that time please go up to the to the um microphone state your name please provide your address and then you can either um ask your question or or provide your comment um board members we
are in possession of minutes from our 2 I believe it's 224 um meeting 22425 meeting um do I have any comments or edits on those minutes no hearing none do I have a motion so moved um do I have have a
second second all in favor I I any opposed the motion pass so on to our first regular business thank you madam chair our first case is 20 popes Lane this is Highway carer Zone uh request a
special permit to allow for two storage containers to be placed on the property for over six months in a calendar year the intention is for these to be uh permanent structures on the site the request is made by EDM construction care
of sha McGill docket 25-50 94 hello my name is Jackie Millan the president of construction my name is Jackie Migel I'm the president of EDM construction and currently we have two containers on the
site and in order to we needed a special permit in order to have the additional two permits we can maintain all the setbacks and sidey yards that are required so we're just asking to have two extra containers Ken do you have any questions
um so you stated in your application that you want these to become permanent structures on the site they'll remain there for quite some time yes orever is that what is that what we're asking here we're not going to put foundations or
heat in them they're they could be moved at at if need be but right for right now they'll be um they'll be on site for quite some time okay I have no further questions Ken is there um already some storage
containers there we yes we have two smaller ones to the left of no to th those are to If you're looking at the building from the right they're already to the right you're only allowed to have two on the site at any time so if you're going to have them for more than 6 months you
have to get a special permit so I thought I saw some on the left side looking at the building or are those those are the new containers we already got yes the one at the left those are the containers we bought from bitcon and we move them over there so in order to
contain to keep them for six months or more on the lot we need a special permit so those other two are already okayed you can have two by oh you can two by right that's right yes by right so these additional two if they stay for
more than six months we needed a special permit yeah and is that is that all um that staging over on the right is that all yours too staging there's a lot of staging I saw just stacked up behind I'm sorry behind the building identify
yourself please hi I'm Sean Mill with EDM construction uh behind the building we have a a decent amount of staging there all tucked away it was um a little unorganized it first off to the side I did um that is behind our building now though out of sight okay so you moved it
yes okay thanks I have no other questions John all right U Madam chair through you uh I just want to go out to Brian and just get clarity on the storage container bylaw we allow by right two for a period of 180 days or
less is that correct okay make sure I stopped there um Mr Mill uh when I visited your site uh yesterday I counted five storage containers on your site one large one in the back and uh two to the right of the building and these two um
you're speaking about um can you tell me why there's five there currently um the the very large one I believe belongs to bitcon over if you're looking at the property from popes Lane to the left side yeah no this was behind
uh EDM number 20 there are two small smaller ones behind it I don't think they were classified as um conx containers what is it classified as it's larger than a conx I'm not
sure I I don't two ones from Mar large gray one in the rear of the building behind your Jae boxes behind everything there's a large container out back there's two to the right and there's two to the left so my count there's five
yes all right so we agree there's five there um two two gray ones behind the building those aren't conx boxes those are small steel containers we made no I'm not talking about Joe boxes this is a large container yeah it's a small it's a small um bolt container storage we
made for bolts it's a six foot it's like a storage shed but we made it I wish I photographed it but um all right well there's all right so there's four then we we kind of have disagreeing on this
fifth one but what is the purpose of the other two we we house our we also have a steel erection company so we have to put our equipment in it so two are it's basically we're always moving in and out equipment yeah yeah it looks like it
looks like an active site so can I ask what so why um what thoughts did you guys have about expanding the building versus storage containers we don't have it's just cold storage it's just well whatever storage
it is but why not make a large of building you have this room you have plenty of we don't want a building we we just need Cold Storage yeah and it's temporary we're always moving so we have we for instance we have and how long a period are you looking for these uh
additional two that's why we want a permit cuz it's Pro it it will well I can tell you right now I won't vote for anything open-ended so you're going to have to Define it for me anyway um well I I'll go with what we have to but I it's I can't guarantee
when it's going to move yeah well um all right uh I guess I have no further questions thank you um um I I actually have a few questions when you purchased the when did you
purchase the property around June of 24 and the so the the two storage containers were already on the property when you purchased it yes and what do you store in the the
those um containers iron work and Equipment mostly and then so it's small tools and things that will get damaged outside and stolen okay so basically you need all
four of them to to store the same type of equipment for you yes and where right now are you storing the equipment that will eventually go into the two new storage containers various sites we have
storage containers at different job sites and when they come back so they come in and back so we're constantly moving we we just finished sou Station in Boston so we had all our staging there well not we had quite a bit of staging there we're at at TR toown in
brain tree and we once we when we load out the job and then we bring it back go through it um well Madam chair I think all four of these are on site currently correct right now I think we just zeroed in on that so they're already there oh no no I know they're there but but so
you're already storing stuff no the two we just moved over from bitcon was because bitcon sold their building like last month is it I think they in January February and I bought the B I bought the storage containers from
bitcom okay so what did you do prior to buying those you just stored them at different you stored that equipment at different locations we have a we had an existing building in mamac that we couldn't fill the
empty okay and the two um the two exist when you purchase the two existing ones they're on um are they on concrete like what what are they what are they on right now we there's no Foundation to them they're just on the gravel okay the
old ones too yes okay okay so going back to Mr zelli they actually need a a permit for all four of them yeah because you well you can you can't store more than two for more than 180
days just right John said so you're allowed to you know you can they don't have to be be consecutive days but basically the bylaw says that you don't need a a permit if you're going to be 180 days within a calender year you can
have up to two so if you're at if they need all if they need four it's not that they're just asking for two to be there all the time they're asking for four there to be all the time which is essentially what they ask for I think I think you could give the relief it's po based upon the notice in the in the
legal ad you could give the relief that they are requesting okay all right I I do not have any um further questions any questions or comments from the audience okay um Brian anyone online
questions comments okay Ken ah I'm a little torn with this um I think I'm with John on this I hate an
open-ended uh time frame here on this thing I don't mind extending maybe over over the 180 day Mark but I'm not I'm not happy with the open-ended aspect of this so as of this
the way this stands I'm a no Ken yeah yeah I tend to agree I mean for it's supposed to be for 6 months so why can't we have a end date like around six months I mean does
that make sense I I'm just saying I mean because I I need the I need storage that's why yeah I don't want to lie it's not for the most part we were going to need cold storage and I never knew it was an issue because all of our neighbors had them I didn't know it was
an issue yeah okay well yeah I don't think um yeah I mean I I don't like the open ended either I would say John yeah I mean I I I mean as new owners of this business I think um a lot of the members
of this board we' we've seen everything that's gone on on Pope's Lane it's you know it's your yard's a busy yard I get it um but I just think there's a lot of wiggle room to do something else um and I think our bylaw is written in
such a way that we can help um in a storage pinch and that's the idea of adding uh condex as of storage containers but I I don't I I couldn't with a straight conscious and again I think there's a fifth one there you guys
might call it something else but I believe there's five cuz I drove her on your site twice and counted them up um I mean I'm not saying I'm a Flatout no but I just don't like this plan I would want you to come back with something more
concrete um and let's get get a a handle on exactly how many containers and how long um I'm not really buying that all your neighbors have these containers if they are uh Mr Zell's team will be out there to to have a look because they're
in violation if they are so um that's the unfortunate part of this is um a lot of times that's what how violations happen right they see oh the nav is doing it so I can do it um but I think In fairness to all the other businesses
in town and again we take one case at a time so I don't believe we're setting a precedent here but uh I just couldn't vote for it the way it is so I'm not a Flatout no but I just don't like this plan and I so we're forced to make well I'm just telling you my comments right
now so that's all Madam chair thanks I'm next um I I agree with the board members usually when we Grant these it's for a specific purpose it's either temporary in the sense that they're going to add on to the building or it's temporary in
the sense that it's some sort of seasonal where they need it a little longer than 6 months we typically or actually we never have someone come in and say hey we want to put these um structures on our property and we want them to um be allowed forever so I agree
I'm I'm willing to work with you with regard to giving you um a certain period of time in which case you'd have to come in and then request you know that the special permit will app you'll have to come in and request it again um but to
just give you an um open-ended one is is not fair to the town but it's also not fair to the other businesses who would love to have that also um and we just don't grant them so you don't have the votes now um it's my suggestion that you
continue and come back um you know take John's comments and and come back with a plan that is more time defined and then it from what everyone's saying we're willing to work with you but it just can't be um
open-ended so um John the next meeting is March 24th March 24th would that would that give you enough time to kind of rethink it and come back probably have to get a lawyer okay so what is the meeting after
that March 24th April and then to April 14th April 14th I should be able to do that okay uh Madam chair I'd make a motion that we continue this case to April 14th uh 2025 I second all in favor
I I any opposed thank [Music] you ready yes okay our next case is nine Lawrence Street this is zoned R1 request a finding to allow the construction of a farmer's porch on an existing
non-conforming structure that will encroach on the front setback and be 6.5 ft from the front property line where 20 ft is required the request is made by Eduardo Gonzalez docket 25-50
N5 good evening uh my name is Eduardo Gonzalez I am the property owner of nine Lawrence Street along with my wife uh Angela Perez um N lawence Street is a single family home uh we are requesting uh a finding um of
a exception to the 20ft setback rule uh from the front uh property line um we would like to build a farmer's porch at the front of the property it is an open porch not closed off um it will be the
entryway to the front of the house um the porch would EX 8 ft from the uh from the home the existing structure right now is a staircase with a uh a landing that Landing is 5' 8 in this would come
out uh two 2 feet uh 4 in more so that the end of the porch and the property line would have a um 6 and a half foot until the property line um and we're requesting find
it the width of the porch is the entire width of the house 24 ft thank you John any questions um I guess I'll go uh publicly through you madam chair to our building
and um I'm sorry our planning director um Mrs Z Kelly I'm I'm and as I've spoken with you about um I'm in the camp of I don't believe this applicant needs a finding I feel like they can do it by
right but if you could expand on that we have a note in table too that uh allows Eaves uh stairs and porches can be less than the front set back um although we've identified it's not defined so uh
it's maybe a gray area for uh us at this point but if you could maybe just elaborate a little you explain most of it so that it's a a footnote in the table of Dimensions um that says that EES front porches and specifically open porches it
says may be less doesn't say how they can be less or under what circumstances they can be less or how close it actually can go it just says maybe less that's all it says doesn't say anything anywhere else um I talked with the
building inspector um and what we um so since this was a practice I don't know I'll be honest I don't know when this practice kind of started but basically whatever the half the distance was so if the front set back was 20 feet in this case if it was if you were
breaking the setback and you were anywhere between 10 and 20 feet away from the setback they'd be like okay you know you can do that without with a building permit anytime anytime it got less than half at the distance so less than 10 feet so closer to that front prop front
property line they would they would basically say you either have to get it get it to that 10 or go in front of the zba for a finding I think if the board doesn't want to see these types of projects because under all circumstances
they would get approved for example it's a change that we can make um under what we consider not you know a not a policy change but like a housekeeping bylaw to to to make that change so that's that's something that we talk about at the lanu
summit that's a thing but as of now this rule of half is is what we are are are moving what we've been doing and until the bylaw changes that's what we're going to continue to do okay so um thank you uh so Mr Gonzalez based on that um
again my feeling is you shouldn't even have to be here but uh I'm going to go with uh as the planning director uh has indicated here so um I don't have any questions for you it's an open structure it's not enclosed and the stairs will
come off of it uh will the stairs extend to the 6 and 1/2 feet or is the porch and then stairs or how's that work it would be porch and then stairs but no part of the structure would be over the property line yeah I understand that so uh but uh you said 6 and 1/2 ft is the
porch at 6 and 1/2 ft and then there's a set of stairs yes sir and so the stairs how far how much further out do the stairs come um it depends the angle that they build them um essentially they have 6 and 1/2 ft to get down from whatever elevation they're at I'm not sure so the
the stairs are are in the 6 and 1/2 ft no sir no so it's the porch of 6 and 1/2 ft and then there's stairs on top of that very good no further questions thank you Ken I have no questions thanks Ken um that was my question John the do
the stairs come all the way down to the sidewalk it should yes yeah so the stairs are not I can interject if you don't mind but that means that the stairs are not on the plan correct so then you if the stairs are not on the plan well I see them here not on the
plot plan not on the dimensional plan not so the dimensional plot plan is asking for 6 and 1/2 ft so you would be giving 6 and 1/2 fet you could say 6 and 1/2 ft from the porch but right now you're not the stairs are silent here you're not even so you don't know where the
stairs are according to this right so the six and 1/2 feet you you so you you could they're asking for six and A2 feet from the porch but the the stairs do need to be on the plan on the proposed plot plan yeah okay
the the existing stairs which are there now are probably less than 2 feet from the property line um if I had to guess I'd say about a foot and a half there's a there's a concrete slab um and then it's the the
sidewalk yeah I mean I did a I went out and measured it's from the house it's 15 ft to the sidewalk so I just want to make it clear that the stairs are not on this plan so they obviously are not going to go into the sidewalk however um I'm
sure um DPW and the and the building department would want to know exactly where these stairs are going to be right so they would would have to be on the plan yeah I agree with that um I guess I don't have any other questions other than that so I'm looking
at the the plans that you submitted with your application so from these they're right we can't tell how how close they're going to be to that to that line Looks like another four feet
if I had to guess I know but we can't guess I know we can't guess but this is that distance that we would need from from the edge of the open porch to the bottom of the stairs that that horizontal distance right right because again we don't we don't
want those stairs to be on the property line no but as as of right now if you go out there the the the stairs are pretty much on the property line right at the sidewalks Edge I mean it's you know you're looking at this it's it's like this this much right now yeah your
stairs and you have about this much with and then the sidewalk and then you're landing on the sidewalk so you know it's probably been that way 100 years but if if you look at the at the first page of the project uh plan that says farmer fors plan one that has the width of the
stairs that's 5' 8 in what you're saying is you're missing the dimension of the depth of those stairs correct right so here where we have this plan view the not sorry not the view the the um the side view of so it's showing the depth of the the farmers's porch which is 8 ft
and then we were just if we had the depth of those stairs then we could say which could be 4T then would really you're asking for uh the stairs to be 2 and 1 half ft from the property line okay well two things could be done
either we could ask the um gentleman that Drew up the uh the plans for the porch to add that we could ask the surveyor to add it uh to the plot plan or we could start at Mr uh initial position which was I don't
need permission in the first place um uh so um what options I like that option I'm not in charge um I I I think before uh we can
grant you any relief we need the the rest of the information so we would need um who is the architect who T design LLC if they could provide the additional information that way we would know specifically or or we can identify
exactly where it's going to end so everyone can look at it and we can ballpark it but we don't know what the exact measurement is but before before we get that measurement I think it makes sense I mean I can double back with with the building inspector I mean just to just to be
double sure before you go back to the architect to uh have anything changed or added uh just just to make sure uh that I mean I I still believe it does require finding but we can we can
figure that out pretty quickly again well I I I think in this case I would prefer the finding number one um but number two we also want to make sure it's not going to cross that line oh no of course if if you if we're moving forward we need this information
right period right it's a question of if this is a full stop potentially that I would say before we even you know let like I could have another conversation however I'm pretty confident okay so can I ask one question
go ahead yeah Brian could we could you bring up uh this view uh and I just want to confirm something with you Mr Gonzalez um so uh this distance uh the 8 feet that's
added to give you the fous porch beyond that you're saying it's 6 and 1/2 ft to the curb that's correct okay so those St so the stairs are going to land somewhere in that 6 and 1/2 ft okay and again I I believe this is why we don't require finding because I think there's
tons of porches in town where the stairs might butt right into the sidewalk and that's why we never had findings for it but um I'm fine I just wanted to confirm it so it's 6 and 1/2 ft from your porch the stairs are going to land where they're going to land we just don't want landing on the public sidewalk okay
thank you speak um we will go out we will go out to the audience now so yes you may go up and speak remember name and address Bill McKenzie 34 Harbor Street I've been a contractor in town for since 77 done a lot of work on Lawrence Street
anytime that we have to do an addition or any kind of setback we could do an average y his porch and whatever he's doing there is going to be within that average I've done porches on that street I've done a lot of porches in Damas and
the rule that we've follen as long as it's not a closed in or heated or a room it's an open porch you're allowed to build up to about a foot or two from the sidewalk as long as you're not imped and Public Works way now this has been done for years in
this town so for him to go and spend more money to make this right it's already right that's all I got to say anyone Mr Brad street Bill Brad street town meeting member Precinct one I looked at the
house I looked at the steps down Thomas PCH will go across is there an issue with say the steps being put at either end as opposed to out at a right angle to the to the sidewalk either end or am I looking at this wrong um I
mean does a does a porch have to have the steps in the center or can they be put on a end well I I think most people kind of want to well there wouldn't be a walkway here but I think it as far as symmetry I think it's
probably better if they go up the front rather than have two sets off the side again looking at it with the how much depth you have put the porch on and put the steps on either end and you don't have issue with the steps ending
up either on or right at the sidewalk just an observation thank you Mr Brad street anyone else comment question okay let's go back to the board for deliberation thank you madam chair
um you know again my my feeling is uh I don't believe need a finding I think this should have just been issued by wri um and I agree with what the gentleman said about the street averaging however believe it or not Lawrence Street is not on our list it's never had an averaging
done um however you're um you're well with you know in line with what else is going on on lawence street so uh I mean if I'm forced to vote for it I would vote in favor of it but I I really don't think it's needed um Ken I'll Vote for
This Ken I I know I have no problem with this I just kind of wanted to see what that Dimension I just didn't want the stairs to be you know falling down onto the sidewalk I'm sure they're probably not going to be so I mean I will vote for this um I'm on the fence only because I
prefer to have um I prefer to have everything detailed and I'm kind of surprised that they didn't put what the that additional measurement was um in addition addition to that if anybody has Street averaging we we went through it
for this specific um application and we didn't find any for the street if you have them submit them to the town if you have them yeah it's not on the official list of it's not on the official list 15 1977 not they weren oh um I don't know
they some of them go back pretty pry they go back pretty far yeah uh Madam chair maybe just a point of clarification I mean we we could vote in favor of this just with uh knowing that the building department would need this
Dimension okay well yeah I for a building permit they would still need I mean we we're not asking for anything that they don't require to even for a building permit so it's not like there's like extra information that they like they clearly need to to finish the job
okay all right um I will vote for this but as we said um as part of uh um pulling your your building permit filling out that application you're going to have to provide that number
so you know again who is the who is your um architect just call him up and ask him to reprint out that page and and put the the specifics in it because you're going to need to file that with the permit application good to go good to go Madam
chair I'll make a motion uh for 9 Lawrence Street uh dock at 225-5095 to issue a finding to allow for the construction of a farmer's porch on a pre-existing non-conforming structure that will encroach the front setback and
be 6 1/2 ft uh from the property line where 20 is required and that the proposed extension uh SL alteration of the use is not substantially more detrimental than the existing structure
to the neighborhood with the note that we need one additional dimension for the stairs I'll second that all in favor I any opposed congratulations good luck luck luck thank
you next okay our next case is 12 Colin Tony drive this is zoned R2 request of variant under table two of the uh zoning bylaw to construct an addition that will be located 8 ft from the side setback
with 15 ft is required the request is made by am Amy and Frank sclar uh care of triple Q Inc John Colin Tony docket 25-50 96 thank
you oh John we got pictures great love pictures so for the record my name is John Colin Tony from triple Q Inc I'm the Builder developer Chief bottle washer you name it um I uh have the owners that uh had
us build the custom house for them Amy and Frank uh with us and I also have the architect uh John Dugger uh who this board has met before we haven't been in front of you in a long time um who's designed every custom home uh on the
street what I handed to you just was um a letter that every homeowner that lives there we have six families uh uh living there now with Amy and Frank being the seventh so there's six letters that everyone uh you know is in favor of this and I don't feel that it's a detate to
the neighborhood or or to daners U also I just provided some some pictures that were just taken this weekend that I thought might be helpful because I know everyone's busy you might not have been able to go out to see there um and what we're asking for uh
officially uh is a request the variance under table two of the zoning bylaw to construct a Stairway that will be uh located 8 feet from the side property line where 15 is required um so I want to thank Brian for picking up on this uh
and helping us do the process um because the stairway as you can see by the pictures and if you went out there is already built um so this doorway going out theide of the house was something that Amy and Frank added in the middle of the build um just like sometimes you
add a window you move a window this way or whatever so we added it without uh thinking there was any problem because a lot of communities that were have work going on right now allows you to do egresses on any side of your building as
long as there's no roof on it um so we didn't even think of it so that's my fault and my team's fault and we totally respect the board if the vote is no that we will have to take down the the stairway um so I just wanted to explain
to you why it's up there and not coming before you ahead of time if we had known about it or understood it correctly would still be here asking for the same thing uh because the shape of the lot because of the RightWay easement that
was there I had three buyers for this lot we tried to do builds they had money down three different times three different couples and couldn't get to a final build that's hot as drawn and my engineer and myself tried because of the
shape of the lot with the easement Amy and Frank had the vision the fourth buy is down and we we got it done it's a a beautiful home but because if you look at the last couple pictures that I gave you the wall of the back of the house is
literally sight and the reason it is is it had to go with the RightWay easement that existed on the lot uh we tried to get that easement moved uh at the beginning of the subdivision approvals roughly in the
first year of it um and we failed uh and for four years we were trying and this past September the RightWay easement in fin the board was moved the build was already done and everything so they couldn't change the shape of the house
so the little bit of a bonus is they got a a better backyard of usable maybe to put up a shed or whatever it may be um so um the other thing is if we don't get
your vote and we have to take this down we would probably keep the door on the side of the house and we would do landscaping uh with pavers and coming around the stairway with the composite is better because water goes through and
it's perious compared to possibly being impervious if we go the other route uh even if you use imperious even if you use previous pavers and stuff as we all know when you do it that way it's not as good as if you have the composite the stairway the water goes through uh and
there's Stone underneath um it's still8 feet from the uh setback uh so it's not over that sort of 50% on written rule it seems uh so we also thought that was helpful uh it definitely is not any
detriment to anything um and uh I'll I'll take any questions I don't want to take much of the board's time Ken I don't have any questions thank you Ken I have no questions John
um thank you madam chair Mr Colony um so there is no egress in the rear of the house there's a walk out basement okay and the other egress is on the right hand side of the house so if you look how the the wall is cut in the back of
the house you're really looking at 10 15 20 feet up um so that's why it was impossible to do like a normal type back door or anything off the first floor like you normally
would um so I don't see any EAS been on here now so that's been removed right well what happened is we we got lucky again with the help of the planning department that the easement got moved in September uh the house was already
built everything was done we were doing finishes um so uh if the easement had been moved when we originally thought it should have been moved um the house wouldn't even been shaped the way it is it would have been
a normal house um you know so what why I'm just curious so I no you got 31 foot set back on the right only 16 on the left why isn't it more centered I guess was it we got to remember we're dealing with uh
conservation um and we're also dealing with I believe Riverfront um on this lot definitely conservation I'm not sure if this is a lot with Riverfront but I I think it is um there's also an easement on the right hand side between this lot
and uh 14 col and Tony Drive which is part of the subdivision drainage easement which I believe Brian is 50 feet wide I think it's 50 feet wide yeah so there's there's actually eress
on all four sides of the house uh if you count the basement in the rear um is an exit there's a doorway on the right hand side left right hand side is uh sliders yes back
yeah but the basement well you answer my question and why it's already built because I went out to you and I was like oh it's already here all right uh I have no further questions you certainly have a lot going on in that LW oh it's it's crazy yes um
but but um I I do not have any questions any questions from the audience uh Brian do we have any online okay back to the board Ken um
yeah I'm okay with this um it's less than half the distance we've heard from the neighbors I'm I'm a yes 10 I'm good with this John uh yeah I I you know I
struggle with new subdivisions needing to be before us as you can imagine right but uh I see this modest enough where I would vote for it um and I agree I'll vote for this too you have a lot of as I said a lot of issues going on with this this
piece of property um and a lot of things that are kind of out of your control with regard to where you can build and what you can do I do have one question on the other side of the house where you have it looks like it might be a master with a patio like a little patio off of
it it looks like there's like half a garage door next to it what is that um it's a uh what I call a toy garage door meaning the snowblower uh Frank tell me what he's gonna use it more uh it's it's really kind of neat it's one of the first ones
that we did and uh and it's not it's priced pretty good so we're going to look at possibly doing it at other builds oh very very interesting I did see it it caught my ey the Batcave yes Madam chair I'll make a motion uh
for 12 Colin Tony Drive docket number 255-5900 to issue a variance under table two of the zoning bylaw to construct an addition that will be located 8 ft from the side property line with 15 is
required and that the proposed extension alteration uh is of the use is not substantially more detrimental than the existing structure to the neighborhood adjacent properties would not be adversely impacted the reduced
Dimensions would not be detrimental to the public good and would not substantially deviate from the intent or purpose of the bylaw I'll second all in favor I I any
opposed thank you very much new house yes right last one final case is is 13 to 15 South Liberty Street uh also zoned R2 request for a finding under section three of the uh zoning bylaw to allow
for the construction of an addition to an existing non-conforming structure that will continue to encroach on the side setback at 4.1 ft where 15 ft is required the request is made by Patrick O'Brien doet
25-50 N7 hi my name is Chris Jones I'm the contractor for this um we've adjusted this and adjusted the deck over um so that it should land within the lot line that's what Brian had asked us to
do so we're looking for a finding to keep moving forward so there's currently there's work being done on the on the project so if you did go by you might see that that's on plan left um the work that you is before you this evening is the
proposed deck out the back and what I had kept him what I had said was this like if you if you can keep it in line with what's there that's generally unless you're kind of going up several floors that's that's generally looked upon as not being uh detrimental to the
neighbor so did his best to do it and it looks like he was able to to keep it at 41 the whole way um John do you have any questions oh I do uh I am confused I visited this site
yesterday uh I guess Madam chair through you we're only here on the deck not the building itself uh yeah the the rest of the work is not that that large proposed addition is not is a is a building permit is not
in under can can you bring this up do you have that I do as I don't understand pulling off of Liberty Street when I look at the building directly I I don't see this view position isn't on yet you see that the house on the left on the
right hand side that's somewhat demolished uh on the left hand side the the left hand side right now is an existing shed that that they had used for years for storage the two cargo garage is an addition that's going on and that's not
in in any of so when I pull off the street is a is it I have this I think this is your neighbor this kind of view what where is that on this that's the left hand side of the house that you
the right right hand side that you see right now you looking at the back of the house okay so the the right hand side this is the rear of the property that's the rear yeah and that the deck is right there yes yeah I guess when I pull off the
street I don't see this anywhere you only see the right hand side that that has been the inside's been gutted and the outside yes sir but I don't see this type of Dormer I don't see this roof line the only thing you don't see right now is is the Dormer itself okay so So
the plan is to go even higher than what it is NOP nope just add it on the door the window Dormer all right but anyway we're here on the deck is that what I understand and uh how far into the setback will it go the de believe it's 4
feet but that that's existing nothing's changing there all right um I I'll send it on to the rest of you thank you um Ken yeah so the I know we're not here
for that that shed Shack thing but is that that's going to be removed right that's where the two-car garage is going later yes okay good wow Hanging On by a li pretty rough all right that's all I get thanks Ken thank you um so
everything continu continues back the same formation of the of the house changing corre right and the the deck is elevated right correct right I don't have any other questions so if we look at this picture Ryan could you put it
up one more I think yep hold on there it is there it is the only part of this that you're in front of us is for that deck on the back the back far right hand side protruded over the lot line by six inches so yes we shifted
everything over a foot okay okay I I don't have any of can I ask yes go ahead um so this deck has no uh stairs off of it no so
um I thought I heard you say 4 feet but now you're saying 6 in where where am I missing it's 4.1 from from the line if you're going to speak go to the to the microphone and identify yourself please uh Patrick O'Brien 15 South Liberty
Street originally when we proposed it the original design was 5 foot off the corner of the house which would have encroached upon what is originally the setback so we kicked it in to be at the original the 4 foot one the same as what
it is uh currently so it's a pre-existing non-conforming correct your setbacks at 41 now correct and this deck's going to say at 41 correct originally like the way the plot line is it's at an angle so originally the way they designed it was it was going to be
5 foot it was basically going to encroach on it we it was going to further encroach correct so we went turn put it on an angle so that it didn't further encroach on it I just out of Cur I mean what is is this a multif family house no no what is
the square footage of this place I own a garden center so I have uh three seasons I have to store for I that house that's falling down that addition right now it's filled with Christmas stuff as crazy as that is okay and uh I'm running out of space and uh it's got to go
somewhere you know that addition That's Falling Down is like 18 by 20 buil to the ceiling with uh Christmas decorations and that's just one season so we have three seasons we got a you know store and have uh all right but this is planned to be a
residence though yeah this would be his residen yes correct right um I just have one one after you're done I'm good thank you um so uh you're Patrick O'Brien so you so you Pur owns the go you own so you
basically own the house next to where you work now correct cut so the end goal is to run the business and live on the property renovate the house when I bought the property in the house it was dilapitated nobody could live in the house nobody could run a business off
the property we're just trying to revitalize things clean it up and finish off the house and how how long do you uh estimate estimate the construction's going to take I hope nine months but we'll see should it's been three years that's our intention is to get
everything done to keep clean okay and and and I agree with John when I saw the picture and I drove by I said am I in the right the right spot yeah so now I know why thank you madam CH if I could as well um so you're saying nine
months but um Mo the the rest of the building is being done by permit this is the only spot you're seeking relief know I guess something's just I can't figure this out for some reason I've looked at many plans this one confuses
me but um yeah I guess I'm all thank um questions from the audience oh I'm sorry I I did I just remembered it are you privy to the letter uh your butter sent at 11 aare it yeah and uh I guess he must have spoke at preservation I'm
assuming conservation conservation conservation sorry so you're dialed in with his concerns and we're all good speak to him often yep very good thank you madam chair um thank you uh any questions or comments from the
audience anyone online Brian okay back to the board for deliberation John yes um yeah I mean this you know I mean you're you're already a pre-existing non-conforming it's a back deck uh you
know I I think it's uh you know it's it's quite a large uh building but uh I if you want the deck I I can see wanting to have the deck not having the stairs I couldn't go with but um that's me going to be living there so uh I would vote for it um Ken I'll vote for this as well
Ken I'll vote for this and I'll vote for this as well um could I have a motion uh Madam chair I can make a motion here on 1315 South Liberty Street docket 2550 97 uh to issue a finding under
Section 3 of the zoning bylaw to allow for construction of an additional uh of an addition to an existing non-conforming structure that will continue to encroach on the side setback at 4.1 ft from the property line
where 15 ft is required in that the pro uh proposed extension alteration of the use is not substantially more detrimental than the existing structure to the neighborhood I'll second all in favor I any
opposed congratulations good Lu luck good luck can I have a motion have any other business business I don't think so think so motion to adjourn so moved all in favor hi
hi good night hey good night