##VIDEO ID:jRS6z_Xepc4## e e e e e e e e e we set good evening and welcome to the oh God what's today's date February uh January 27th um Zoning Board of appeal hearing um I am the chair my name is Karine Dy to my far right is Jeff sour um to my right is Ken scholes he is our clerk um to my left is Ken jaranin and to my far left is John bowner and from the planning department is Brian zelli um the way our process works the clerk will read your case you will go up to the podium you will present your case the board will ask questions we'll go out to the audience for questions we'll deliberate and then we will let you know what the result is I ask everybody to silence any electronic devices that they might have and with that we will begin the meeting um board members we are in possession or we were in receipt of three sets of meeting um meeting minutes um uh first were the the meeting minutes from December 2nd 2024 any comments or edits um Madam chair I'll make a motion to accept uh the minutes from both December 2nd December 16th and January 13th there were some minor edits that were um forwarded onto the planning department and they have been adjusted I will second that all in favor I any opposed so the minutes are accepted as revised so on to the first continued case um our first continued case is 180 182 Pine Street and 75 silven Street Street uh zoned R1 for Pine Street and uh industrial 2 for silven Street request a variance to allow eight two-bedroom residential units on a combined parcel comprised of three properties listed above with 7 and a half units are permitted and to the extent necessary a use variance to allow accessory residential use on a section of the parcel Zone industrial 2 the request is made by Nancy mccan Esquire dock at 2 45089 uh Madam chair we're in receipt of a letter from attorney mccan dated January 22nd um on behalf of the applicant I hereby request to withdraw the pending variance application dock at 24-58 n relative the above reference properties Madam chair I'll make a motion to uh withdraw but the applicant has not asked for with prejudice or without so I guess that would be up for discussion um anyone opposed to um the withdrawal without [Music] prejudice no I think that's the most generous so if everyone's in favor could I have a motion for that uh Madam chair I'll make a motion that we withdraw this application without prejudice I will second that all in favor I I any opposed so the motion passes next our next case is 15 Oak Street zoned R1 request a finding under Section 3 paragraph 12 of the Danver zoning bylaw to expand the existing single family home into a duplex on a pre-existing non-conforming lot due to size the request is made by Craig Hartwell docket 24-50 N1 Madam chair we're in res uh we have a letter from Craig Hartwell Esquire of simple title en closed uh please accept our request on the board for a continuance to the February 10th 2025 meeting of the board of appeals do I have a motion Madam chair I'll make a motion to continue this case until February 10th 2025 I will second that all in favor I I any opposed so the motion passes next uh first regular case is 118 Conan Street this is is zoned R3 request a variance to construct a shed measuring 10t by 14 ft that will be 5 F feet from the rear and 7 feet from the S side property lines where 20 ft is required the request is made by Steven Giblin docket 25-50 92 [Applause] hi I'm Steve Giblin I live at 118 Conan Street um I actually had started construction of a shed where my other shed was previously it was just a smaller Rubber Maid shed um a neighbor brought the attention to um Brian um Cassidy Cassidy yes and I spoke to him about it and um I hadn't gotten a permit I was under the impression that under 200 ft didn't need a permit I understand now that it's a building permit but um I have since you know defiled the proper paperwork and um obviously applied for variance um if you look at the the the plot plan um had I known I would have built a 10 x 12 shed but know it's two feet it's two feet bigger um I've already started it and I'm asking that I can just keep it in that position um if you look at the ply plan it's kind of the only place that really makes sense if I were to actually go by the 20 foot um rule uh I would have to take a large tree down which is basically and it would put the shed kind of like in the middle of the yard it just doesn't really make sense to me understand the zoning laws are there for a reason but I'm requesting that I can just leave it where it is you have to you just have no you have to just go to the microphone oh okay this is my wife lean lean Giblin from 118 Conan I just wanted to make the comment that the neighbor that did make the complaint the shed is actually more than 20 feet away from her fence line so it's if we actually moved it it would end up being closer to her fence line so she's the neighbor as far further away from the shed the other two neighbors we never heard anything from them so but the the where it is now it's it's the least obtrusive spot for any of the joining L you go to the microphone oh I'm sorry oh sorry do you want we can show them the picture they have they have the information but uh where the the the shed is located now is the most unobstrusive spot on the whole property with respect to adjoining and ab budding properties in my opinion okay we will um ask some questions sure Jeff uh thank you madam chair so how far along in construction are you um it's framed and I put the walls up and there there's some Roofing on it okay I I have no other questions thank you Ken thank you madam chair how big is the other shed that was there the shed that was there previously was 7 by7 by one of those small rubber plastic sheds so this is much bigger yeah and I hadn't if I had done my due diligence I obviously wouldn't have chosen that particular plan um I would have done a 10 x 12 but in in the current state of affairs it's it is what it is okay I have no further questions Ken so there is a um iron pipe right so and then there's a um is that like a right is it there right away or something to get to working on that pipe if they had I mean there's a weird shape in the middle it looks like a there's like a dotted line in the middle of the plot plan let's see so I'm just wondering what that that is is that some space where you cannot build or something you mean the dotted line the curved line yeah that's the 20 foot that's required it's a weird it's a weird setback line because of the shape of the a 50t section in the back where it gotcha seems ideal to put the shed but as you can see it would kind of have to be in the M this it right where that little spot is in the end there a large maple tree there it really wouldn't make sense on the tail yeah yeah no I get it now um yeah uh so I was just wonder so you're already far along in construction because if it was 120 then we probably this would be much much easier to take but I I have no other question just a quick point if it was 120 they wouldn't be wouldn't be here be by right oh that's right cuz it's go up to 5T yep gotcha all right John uh thank you madam chair um Mr Giblin um I show your plot PL shows another shed is that still there uh yes that I just moved that's the 7x7 rubber mid shed I just moved it out of the way I haven't really decided what I'm going to do with that all right um did you see um the letter that came in from your neighbor no um did we read that into record no I was going to wait till all right I can I can we can read it now if you want comments from the public that we're not yeah I guess we can hold on the let it um well I think the thing that's troubling to me is um she detailed I think our enforcement officer uh contacted you three different times throughout the process of um this project so I understand now it seems pretty clear you understand that a 120t shed you could be putting right uh right right right where it is by right and that's kind of what this process is about right so following the rules would have been very valuable here well is okay go ahead so um you know I do realize it's it's oversized what what the town considers oversized right we allow 120 square ft uh this is 140 square ft um you know I guess I'm just a little troubled by that but that's more of a comment um so this is there already a a roof on this structure yes and four walls so it's yes 75% complete yeah I would say so yeah um okay I have no further questions thanks um and I just have one question uh did you pour a foundation for this do you have like a floor to it well it's just got a wooden floor it's on cement blocks okay okay and where do you have that other shed right now the old shed you can see it it's right behind the there's a little square behind the the uh garage and the oh I see I see okay all right okay no further questions um Ken I don't know if this is the right time but if you would like to read that in that great um we're in receipt of a letter from Linda turkot of five witfield Road um she received notice of the hearing for 118 Conan Street for a 10x14 shed being built 5T from the rear and 7t from the side property lines where 20 is required unfortunately I'm unable to attend the hearing in person she has a Rotary meeting uh I have concerns about the shed given the proximity to the property line and would like to voice my objection to the location of the shed is it is obtrusive and potentially impacting the use and enjoyment of my property the property at 118 Conan street is a 11,439 ft lot therefore I do not understand the need to place the sheds so close to the property line I have attached a copy of the gis tax map for reference additionally I have concerns that the homeowner willingly disregarded what Brian Cassidy of your office explained to him regarding zoning and setbacks as well as ignoring warning letters that a variance was needed it was until a fine letter was sent that he stopped construction and here is the timeline of the communications with your office regarding this situation um do do we need to read this no go to the last yeah just go to the last page one second it um I respect respectfully request that the application for variance be denied and that Mr Giblin is required to remove the shed with the acceptable setbacks again ly turkot of five Whitfield Road um I just one thing y up to the microphone for uh any any comments or questions from the audience okay would you like to address the the comments in the letter before we begin our deliberation well first of all I'm just gonna say that there has been some neighborly issues between this woman and my wife and and some of the other neighbors but with that aside if I move the shed to where it is required by the zoning it's going to be closer to her and More in her face so to speak so if that's what she wants I mean and and as far as like ignoring the letters you can ask Brian cassid I did not ignore letters I was in communication with both him and and um Chris is it Brian Brian I'm sorry both Brian two Brian I mean and as soon soon as as soon as I was everything was made perfectly clear to me I did cease construction and you know go through all the right jump through all the Hoops so you know here I am um there was no I wasn't blatantly disregarding any warnings that I got I was communicating back and forth and finally I you know I understood what needed to had be had what needed to be done and I proceeded within the rules from that moment on okay up to the microphone and I would like to address what my husband just said about the neighborly issues which I know sounds Petty but this woman has a problem a vendetta against us and our neighbors next door because she has constant parties over there where we've had to call the police on her partying all hours of the night he and I work for an airline to work I know you don't want to know all that but it's it's why she's doing this to us okay basically the other neighbors don't care it's not even near her yard it's 20 feet away from her fence so it's as far as it can be from her property right but the only reason she's complaining is because we've called the police on her parties that g all night okay thank you all right we will begin deliberations Jeff uh thank you madam chair yeah I have a I have a problem with this legally because in in order to Grant a variance we have to prove that there's a hardship and a hardship owing to the the land or the um soil shape or topography soil shape or Topography of the land and I don't see that you have a hardship a a legal way for us to Grant you the variance so um I guess I'm a no on this what about the tree we're deliberate um if it were my situation I would take two feet off the shed and leave it where it is but I don't think uh I see there's there there's a hardship here to legally Grant you the variance so I'm a no on this um Ken yeah I'm on the fence about this um I mean as Jeff stated the easy thing to do would be take two feet off the shed and then that'd be the end of it but um that would be hard uh can you come back to me okay um Ken thank you um yeah I'd hate to throw the baby out with a bath water so to speak and have you D or wreck like ruin materials and wreck stuff that you know is already built um usually we go half I mean we could generally speaking we like to Grant no more than like half of the the setback from Def fense and this is closer than that so it would be 20 so it'd be I mean I'd be okay if you moved it so but you just said so the issue is though with the the neighbor is the neighbor that's complaining is uh this is further away from them so yeah this is a real tough one um I think the totality of all the circumstances and stuff I think I would be okay with this I mean I know that how we got here and stuff and it's seems like a bunch of different things happened and I don't think you had any ill will it doesn't seem like to me so I think I would I think I'd lean towards approving this John thank you um you know the unfortunate thing here is uh if if we were building a by right shed 120 ft it could stay right where it is um the fact that it's 2 ft over is is why we're here the enigh wouldn't have anything to complain about uh if it was a byright shed um it could be as close as 5 ft on both sides and not uh required to the 20 um you know it's some it's funny because some of the simplest what I thought would be a simple case uh tend to be problematic um you know I I agree with you I don't want to see you uh have to adhere to the 20 because I think it's more detrimental to the neighbor but as justess said I don't see a hardship I I I'm not against the shed but I I think uh I'd be more inclined to uh go with a 10 x 20 uh 10 x 12 sorry and then it would be allowed by W so uh I am a no okay um and I I'm going know for the same reason um and I actually think this neighbor I agree with you if if you were going to keep the 10x4 and you wanted to do halfway because of the way the line Cuts you would actually move it much further over towards her property so um I I agree with you I I think that um what what she's complaining about could be a lot worse um but I agree it it could be 10 by 12 and you wouldn't even have to be in front of us and I don't really see a hardship because you certainly can can kind of reduce it down so I'm a no to and he doesn't have the votes anyway so y um so you don't have you don't have the votes I uh you know we can we can vote I I don't really think there's a reason um to to have a continuance for you to mam chair I would recommend that they withdraw without prejudice and um just resize the okay but that's a recommendation okay they have the option yeah to you can continue you can continue but the only way that well you've you've said your piece essentially you haven't voted yet um but it's it's up to them I think I would give the option to okay do something whether it's continue or withdrawal if to continue you would want to know the plan meaning what are you trying what are you continuing for right give them the option come on back up to the mic and tell us what you want to do somebody I just I just want to ask before I decide what we're going to do have you actually seen the picture of the shed in the tree I do he has a picture can we just show you the picture of the shed and the picture of the tree do sound which we the where the tree is we consider the hardship and the the shed being almost completely finished it's not something you can just take off a few feet out of it very quickly we just got a quick chat to say that please encourage all in attendance meaning both the board and the mic uh the people at the mic to speak clearly into the mic and um I guess it's a little bit hard so just be I think you guys are doing fine I'm just relaying the chat y this is the 14 right that's 14 yeah this is 10 right may I say something else too of the neighbor's comment it I don't understand how it's it it's not doing anything to cause a problem with her property it's Madam chair if I may this isn't based on the neighbor's comment this is based on zoning this is based on um you have a oversized shed it's not meeting setback and you're looking for a variance from this board has nothing to do with the neighbor okay now I mean her complaint is valid but it's whether she made that complaint or not it's it would be you'd be here before us if you were here if you had 120q foot shed you wouldn't even need a variance you would not even need to come before the sport you would just pull a permit well that's the I don't want to tell you guys what to do either but I mean it seems to me like it'd be easier to take two feet off the back end than to try to move the whole shed and make it compliant it's up to you though I don't know not g tell you what to do do well we can continue it to um like one of our meetings coming up well hold on Madam chair if I might comment um if they're going to reduce the size of the shed they would just withdraw from here right no I know but then they would ask for for us to withdraw it yeah so in other words we we can continue so they can make up make their decision is there any changes though because with people's thoughts after seeing the picture I mean that's a healthy tree you don't want to bring that down well again I none of us proposing to move the shed we're asking to take two feet off of it yeah to to take two feet off of it and again I mean I'm not Madam chair if I could to go to the planning director I just want to be make sure we're clear so if somebody's building a shed it's 120 square ft they just simply come into um it's aness inspections and they pull a permit and they have to meet a 5 foot setback correct it's an accessory structure permit that comes through my office it doesn't go through the building office because it's under 200 so it's just get it's B basically just a check of zoning conformance so we say we look at the plot plan and we say 120 ft less than 20 ft tall you can go five and 5T from the side 5T from the rear and that's it and what kicked this into a variance was because it's over that size exactly it's over 120 got okay thank you may I ask you is there a process where it it's impossible for us to we can't take 2 feet off of it so I mean is there a process to ask for some kind of approval to allow I I so again I I guess the question is um I don't know if you want to continue to a future meeting do you want to withdraw without prejudice what what do you want to do right now Madam chair if you can ask him to go to the mic could you go to the mic please we we have people who are listening in who are having a hard time I'm sure they're very excited by the proceedings um I mean if you're going to deny it I guess I'll withdraw it and do what I have to do mean I don't know what else to do okay so we'll we'll we'll take a motion to withdraw then if you're going to deny it yeah okay can I have a motion Madam chair I'll make a motion to withdraw this application at 118 conent street I will second that all in favor I I any opposed I well you can withdraw that's right I mean I was approving it so I'm not opposed to withdrawing it right anything else for us not tonight so we typically give about 30 days um because this has been known since November we have the first violation letter in November saying that this is in violation of the zoning bylaw um typically the way it works is if you're approved then all the fines go away uh if you're denied then we give a certain amount of time to rectify the situation 30 days it's not a hard and fast there is no hard and fast rules we can work with you but it it won't it won't be 60 days and CH I'll make a motion to uh adjourn I will second that all in favor I None oppos I