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[Music] welcome to the Zoning Board of Appeals s please silence all cell phones and note that this meeting is being taped by fctv if there's any private party recording this hearing please stand up
to the podium and request permission and I will introduce the board and staff the late Comer to the show is Mark fineran a voting member but he is on time and to his left we have Scott Peterson a member to my
right is Frank Duffy our clerk my name is Suzanne Murphy the chair to my left is James mois Vice chair Tony Puchi associate is on his left and Nick Haney is associate we have noren Stockman zoning administrator and Ashley Dello
office assistant the zoning board of appeals is charged with applying the state zoning statutes as well as the town Zone towns zoning bylaws in reviewing and voting on every application all decisions are made through the public hearing process our goal is to hear testimony from the
applicants and the public and to allow a full and fair discussion of the project prior to closing the hearing and reaching a decision number one to to begin each hearing the clerk will read the public announcement for the hearing and read pertinent information from the file number two the applicant or the
applicant's representative will then have 15 minutes to make a presentation but time may be extended by vote of the board the public will then question the applicant four the next next the public will be invited to comment comment should be limited to 2 minutes and be
strictly related to The Proposal all members of the public wishing to speak should wait to be recognized by the chair and should come to the podium state your name and address for the record please speak into the microphone it will not amplify your voice and record audio for FC TV viewers and we
also have a time if you have a public comment to make to the board we we will not comment back but if anyone wants to come up to the podium and make a public comment you're welcome anybody okay so we'll move on to our agenda tonight we have we have two
continuations we have 10924 JJC Development LLC for sandwich Road East Falmouth they've requested a continuation till April 10th I'll move it we have a motion
second and a second two seconds um any discussion do we need an extension or we have one on file we have it right here you want to come up Mr D and sign would you sign thank
you we'll take a vote on that all in favor I I opposed none oh you got one April 10th you said April 10th 6: p.m. and our next continuation is 12324 Parker 26
Deacon uh special permit to raise um we have we request to move to March 13th at 6 p.m. moving second we have a motion in a second any discussion do we need an extension that was last week was not
State uh all those in favor I oppos None and then we'll start our new hearings and we've had a request to move 00425 up rilian at 23 Old bondable Road East Falmouth requesting a special permit
no cuz it's going to be quick thank you okay you ready yeah this is application 004 of the Year 2025 Thiago rasalan property 23 Old barville Road East BMA he's applied to the BMA zoning board of appeals for a special permit
consu to section 246.50 B of the code of f to allow a conversion of the existing single family dwell into two dwelling units property is located at 23 Old barnville Road East belmou Massachusetts the um zoning district is
RC it's in flood zone X and wind category B uh the existing structure is 1522 Square ft and it will remain 1522 Square ft that is the principal structure on the property there's a there's an accessory structure but not
involved the is 2,633 ft and a zoning District currently requiring 40,000 squ ft Street Frontage is 82.7 Ft in a district currently requiring 100 ft of Frontage W barnable
road is a public right of way uh the lot coverage by structure existing is 9% uh it proposed will be increased to 99.4% within the 20% limit lot coverage by Structure Parking and Paving is 20% will
be increased to 21.2% within the 40% limit Allowed by the zoning bylaw the um building the principal building is conforming as to zoning um however there is a accessory structure or a shed where there's
a uh a non-conformity of 6.8 ft with the Northerly sideline um the height of the building it doesn't it's not going to be changed we have comments from engineering they uh request us to consider storm water runoff erosion control and also that
when the project is finally finished it has to apply to the for appropriate building numbers Board of Health says that there's a five-bedroom perm septic permit required it doesn't say whether there is one or not five bedroom permit is required conservation has no comment
water requires a separate meter for each unit Building Commissioner has no comment um and the plan shows six parking spaces and I detected no letters either in support or opposition in the file okay I'm Thiago I'm the owner house
and uh we Qui to got like a two families house you know it's nothing going to change no struct is going to change it's going to keep like a five bedrooms I already have the permit for the my back shed already and uh everything the
building department asked me to do first first of all when I start I start a bron I know everybody make mistake you know especially like when I come from Brazil I have law the law in Brazil is one thing and he is totally different and I spoke with G he said now you have to do
it right and they started to do everything right everything they ask me to do I do it you know I'm not rich people I work hard I got the three properties in F it's under my name and from that I try you know like even my neighborhoods in
the house was a shitty and I I make the beautiful yard I make my neighborhood's value so I don't think it's a no reason to be not to Family House you know so I'm do everything right you guys ask me to do so that's your guys decision you
know so just you guys know when I first came in here I have know one word in English and now doing pretty good three property under my name and you know and I respect if one even people doesn't like me here for no I don't I don't I don't here to
I'm not here to you know what I mean to I'm just here to follow the law that's all and if you guys say yes or no I'm happy with that's it thank you so much anybody have any questions for the applicant wa he's questioning the applicant not hold hold
on yeah uh and the last time she was in my h i call police for her cuz he she's almost hit my kids cuz I have a camera and I still have the video and and I called the police and the police went her house cuz I I still have the video okay cuz she went to my house like many
many times many times I do have all the okay we're not going to no I know I'm not I'm not here to discuss this just so you know okay does anybody have any questions for the applicant I wa we have
questions I'm sorry it's okay sorry first off you said you already have a permit for the building back yes has what uh has like my paint workshop with half a bathroom okay yes no full bathroom I
know I have to redo my my seting system I know that there's no um there's no plans or indication of what uh it is uh we no but I have to upgrade my sep I know that so it's no plan to my se you don't you don't indicate here how you uh
intend to you have plans for that have sap no yet no cuz I have to get a permit I have to get a permit yes but if I need to if I need to I will get it okay yeah so everything guys ask me to do it you know
sa I know my sa is very old I have to upgrade that I will um all right so that's going to be a workshop back there no it's going to be a workshop dwelling cuz you already have your two yes no room no room magici to the house nothing so it's going to be the house going to
be the same same thing the only thing we going to do like when another Escape another stairs regress yes um that's that's all I had okay anybody else SC you want just to keep five bedrooms he going to keep
the five bedrooms two upstairs and three downstairs not none in the basement the basement uh not the basement cuz uh I would I get a perit to do the stairs go inside of the house cuz I only have like um I only have like one excess to the
outside like a b hat and make a door and um I just finished uh the stairs inside the house which I have a permit for that too actually I'm going to call inspection to to to go there so it's going to be two families first level
basement is going to be one house and the second floor is going to be another separate apartment thank you okay now on this um building out back which is going to be a workshop am I correct that you're going to be removing uh
some part of that building so it will conform to zoning be at least 10 ft off the side is going to keep the same because um as far as I know a Garis told me up measure it up it's not be too high and I did it's it's it's it's it's it's
it's not too high you know it's a below the low you know cuz uh it's going to keep the same I'm going to change anything okay well on your plan here it says there's a portion of the building is going to be removed and I think that's the
um do you have a little entry way on the side oh just the yes the little yes they're going to be removed for sure thank yes yes cuz the fence for my neighbor is too close that's going to be removed
yes Jim you have any questions I do uh R good evening so what is the current size of your septic right now do you know I don't know just I know it's very it's a very very old my my seus fell so I I have to upgrade that for sure that's
because I have someone go there to look it up and I know it's uh I really you know I have to do that right away it's got a tank with an old honeycomb yeah it's the old it's a old uh sa it just seems that the existing conditions that there's seven bedrooms on this property and that's going to be too much so your plan
is then no I'm just asking for five same T same T is there you're going to be removing the the kitchen fixtures and interior fixtures from the basement apartment would you have any issue if we conditioned an inspection as well as opening up some of the walls just to I
already did everything I already moved all the kitchen I mean everything I already move all the stove and it's nothing air already it's all one uh one big area on the basement in the bathroom and uh just a little um sink no no kitchen no nothing for you madam
chairman um when I was reviewing this online I didn't see some of the submissions uh at least I was checking from town boards to is there an approved Board of Health the comment is that he needs to apply for a five-bedroom disposal permit disposal permit and do they have any
concerns about the bedroom count or reduction they done says five it chose five yeah I think that's all I for now thank you Tony so this is a conversion under 246.50 am I correct you're converting
this from a single family house to a uh multif family uh two families yes back on December 4th 2019 you bought this house and at that time it was a single family yes sir and until 2025 it was
designated as a single family in this town but you had already converted it prior to now one of the requirements of conversion under this bylaw is that you can't add additional bedrooms or grocer
square footage it's going to can you can you tell us because you already made the conversion you bought this in 19 in 2019 how many bedrooms did you have five there were five bedrooms yes and how is
that how how is that being verified how did you get that verified so in other words for this board to know because that's part of the conversion you can't go beyond that okay so be honest with you guys cuz I'm not here to lie to anyone no when when I first came in here I didn't
know I thought I was in Brazil but I'm not so I just did apartment downstairs I did the apartment a house in the middle room and I did another apartment in the third floor but no one's telling me that's as far as I know and I got a lot of you know comments from G and say say
okay I don't want to keep it doing things wrong and they okay I want to do okay answering your question I have five bedrooms in the house all right so you have five bedrooms in the house yes you're going to have five and you're going to continue to have five bedrooms the house and as of uh January 1st 1980
unless that's changed recently you had five bedrooms so when you bought the house it had five bedrooms they have had five bedrooms already Yes or any of those bedrooms in the basement no bedroom in the basement so every bedroom in that house was a legal bedroom three bedrooms on the first floor and two bedrooms upstairs where will and I'm not
quite sure looking at these plans there's going to be two units two units yes you originally converted it over to three units back in the day remember when you withdrew your application yes right just remind me what is going to
happen to whatever you did in the basement because I can see this on the plan but I think Mr Morse wants an inspection yes we can that yeah so what's going to happen within the basement that's just you're just going to the basement the only thing I have in
the basement it's uh one sink one B bedroom no bedroom B to take a shower I'm sorry for my English Okay so so I have that and everything it's a open space no kitchen
no nothing so when you bought this on December 4th 2019 you've not added any additions to the house any gr the same way was no same size I just change inze
I the only thing I did on outside the little shed on the back which I have apartment ready for that all right so your testimony is that when you bought the house it had five bedrooms yes you have not changed the gross square footage of the house the same same thing there's going to be two units one's
going to be on the first floor one's going to be on the second floor uh two units one's going to be like a the first floor is going to include the basement you which is could be like a living room you know little bar in a bedroom no
bedroom bed okay in a second apartment upstairs with a two room two two bedrooms and the second apartment so first floor in basement is the apartment second floor is the second yes sir um yes and yeah whatever the building
department requires of firks and all that that's you deal with them yes um cuz I did the stairs from uh inside the house to go into the basement which I didn't have it before four all right I have no way of knowing uh we obviously we take your word that there were only
five bedrooms so the Assessor's record reflects that as well do they yeah all right thank you very I appreciate that thank you so much you all set yep any further questions up here before we go to public anybody from the
public hi guys so I just want to start off by saying you have to say your name Diana address m 30 Court rail live so he says he's going to five bedrooms okay second floor one two first floor 3 four
five basement floor 6 7 finished 7 8 9 10 10 bedrooms so when he first moved in there or bought the house he just went and did
whatever he wanted there was a pool there one time then he changed it to a gazebo and then he goes and he builds this apartment in the back builds a leech pit right behind it now he had I
counted I think it was 23 cars in that yard at one time we lived there they were there for 4 years all summer radio blasting we call the police ask them to turn it down turn it down 10 minutes
later it's back up they've had fires out behind the field of our house which can that field catches on fire we're done they have absolutely no respect for us my uncle lives on the side of like the other side on
19 they built this fence to block my uncle from being able to see what you know it's not that my uncle's looking but he used to be able to mow his lawn right in between the bushes going all the way back behind his garden so there was like they left Nails hanging out of
the um fence my uncle caught his sleeve on on the nails that were facing out the trash was unbelievable unbelievable now he just made stairs to go up to that place that in the back
that house he's got stairs going up he doesn't have the septic it's an RC Zone which means it's single family and if he wanted to he could put a business there that runs 8 to four it's not multi-d development they have absolutely no
respect for us we've been there over 50 years over 50 years my uncle asked them to be quiet cuz my aunt is a sick woman they didn't care they yelled at my uncle they disrespected my uncle they threw sawal blades over his fence beer cans
over his fence and we have proof of it and I'm going to tell you something right now it's not going to happen and you better just sell the property because I'm not going to let it happen he's lying telling you five bedrooms on this plan there's 10 and then he comes when he bought the
house he didn't even come in here and asked you guys for permits he just did what he wanted to do we've been there over 50 years it's not going to happen it's not going to happen like I said it's single
family it's zoned RC for single family and you can have a business that operates 8 to four and that's it and he's of five bedrooms there were like I don't know probably 40 people living in that house and that's it and I'm just going
to say something right now it's not going to happen it's Zone single family the zoning bylaws have not changed and they're not going to change now thank you very much thank you thank you thank you anyone else from the public on
this on where' you get up here come on up and give us your name and address please I'm I live next the the the 23 house there and uh like two or three years ago we
know it's a party there music all night you know and I used to work in the steam shop to come like 11:00 I wake up 3:30 to go to work it's lot of nights don't sleep because too much noise party you know leave the radios on all the time
and uh beer can the next morning my God you know I go there working my God the beer can saw blades circus or blades you know trash all over the place then I have to pick all that stuff all the time you know and he put the fence up he get
these nails sticken out I have two feet between my seeders and the fence I pass the lawn Mo there and uh no I came pass the lawn he got these neres taken out he got those piles dirt he left cover ston
in my property and uh you know it's a mess you know I don't I don't have to deal with this stuff you know I pay my tax in time I live in fet for almost 50 years you know yeah I don't have to deal with that you
know you know he's not you know I'm very happy thank you very much thank you thank you any further questions no can I have a motion to close I would
give you a motion to close second there we go we have a motion to close in a second any further discussion go for it if you want I I'm un well I don't know how to put this but maybe it's just me reading these plans
um I want to make sure that the bedrooms that are there now that VI would violate this bylaw I I guess what we're going to do is require an inspection yeah and and and if it if the board does
approve it it would be limited to the original five bedrooms I'm not sure what's going on with that shed I have no clue or in the seing of that I'm not voting on this one but I don't know if everybody else does uh on that I'm not sure of it I'm not
sure what part of the bylaw is going to be used for that shed and that's what i' I'd like to hear or I'd like the board to hear but that's my concerns rview of the initial plans is it appears that there are seven bedrooms that there are two in the basement there
were three in the first floor and two in the second floor which is two above what I can suggest the existing cess poool is um through you madam chairman is there is there any enforcement action pending right now with the The Building
Commissioner didn't mention any no I where were you getting the extra two bedrooms under existing on in the basement yeah under existing testimony was that all the walls have bedro downstairs I understand but at some point there were seven bedrooms so oh yeah so I I think what the applicant was
trying to explain was that he had proceeded and was intending to have a third unit and the building department advised him he had permit but also that there would be unusual requirements because um with the
state code if you're exceeding two residences in a dwelling there's more requirements made of you for safety purposes that was not going to be possible for him to comply with so the right so the bedrooms that had been
added to the basement were removed so I think that's where some of the count problem is coming from but so uh Scott McAn and Board of Health has said that it was a five bedroom and that he's expecting that that's the max that
they're going to be allow I wonder if we couldn't incorporate some kind of inspection of the shed itself too with the inspection of the dwelling that might I think didn't say it was going to be used as storage in a
workshop for himself yes so he has that right so he can do that the only thing is it's going to get in the I'm sure they're going to inspect as to the removal of the steps in the back and uh right they're going to be out there looking at it anyway right but we could
incorporate that there's a question about it if you want you one of the conditions here is that it says that the lot was in existence as of January 1 1980 doesn't say the
building says a lot so that doesn't lock him into the same bedrooms that were there they can be five brand new bedrooms so long as the total is not Chang change yeah my concern is I just don't want additional illegal bedrooms created in
excess of what the septic capacity is I think we can that too that's it's a concern given that I mean how it's not that difficult to just move a stove back in if you got the electrical infrastructure in place and move in some counters and so on uh just put up temporary California Closets for walls
and suddenly you have another accessory dwelling area so but it's just concerns about that um it appears there's sufficient eyes on the property if that I defer to the Board of Health if they say that you can get seven bedrooms in there great that's
okay they're they're the expert the last person I want to disagree with is is Mr Duffy you have to understand that with regard to what was just said 2D says there are no additional bedrooms above the number in existence of dwelling as of January 1st 1980 so I I
think it's not very difficultly written um bylaw but still refers to the bedrooms as of 1980 versus just a lot sitting there does but the number is it it does it's not what I I was saying is it's not tied to the exact same number
of bedrooms they can be different so long as the number doesn't change that's the way I read it and the number as of that date is five okay means they can gut it and put five deers in in a different area redesign it
but as long as the number doesn't change as long as the number doesn't change all the square all the grow square footage right okay any further discussion we we have a close in a second any further discussion everybody all comfortable with this with closing yeah comfortable that it's five
comfortable that it's five but you're comfortable to close yes we can condition that it stays that I agree yeah absolutely should everybody all set to vote on closing all those in favor I opposed no no
opposition all right motion to approve with conditions second there you go all right let's do findings okay the um the building itself conforms the
zoning and dimensionally as as far as uh setbacks are concerned the shed uh has a nonconformity which the applicant said he is going to correct to to 10 um the I think he's going to correct that the dentity is yeah it shows on the
plan [Music] backstairs I thought the 8.9 was to the um where it's to the oh it's 11.6 sorry y I didn't see that y um we have
uh there were five bedrooms uh in the house when he purchased it evidence shows that there were five bedrooms originally in the house there's going to be five bedrooms proposed so there's no increase in the number of bedrooms um under 246 . 6B he's allowed
to the applicant is allowed to uh in an RC District convert a single family dwelling into multiple units by special permit from the zoning board of appeals the was in existence as of January 1 1980 there are no material
changes to the exterior of the existing single family dwelling there's no increase in the gross floor area of the single family dwelling the number of bedrooms Remains the Same there will be no home occupation uh and none will be permitted uh and
there's a provision about a Water Resource Protection District but this is not in it so for a special permit under Section 2421 we make a finding that the site is adequate for the proposed use it is suitable for the proposed use there's no testimony that there will be a negative
impact on traffic flow and safety there's no testimony that there will be a negative impact on the visual character of the neighborhood usser Vistas there's adequate sewage disposal as required requ ired by the Board of Health requiring a permit for a five-bedroom house uh there's adequate utilities and this does not impact the
supply of affordable housing all right do we vote before the conditions after after let's do conditions jimy you want to stock you want an inspection you can stop CU that's no I I agree it's
important residents to remain five bedrooms uh out here no kitchen equipment in basement basement shall not be used as bedrooms kitchen uh cooking cooktop uh
counters no kitchen equipment that kitchen equipment to be removed and shall not be reinstalled second set of stairs which is nice uh inspection by the building department or building official uh previous to final co sign
off those ones that the concerns I have um five bedroomroom disposal permit per plans standard hours of work any additional uh two separate water lines he needs two water lines that's per water department um
anybody else got any other conditions Tony do you want as long as you get the inspection as long shed stands to be removed shed stands to be removed interior inspection there interior inspection the plan shows parking spaces at six that should that
should be at least six right it shows up parking is shown on plan yep um no performance standards submitted by the building or the uh planning board for this project no nothing that's unusual you think of anything else uh so the um engineering
is also required that the address be posted and that the units be on the entrance door so that if there's an emergency right got that numbers I got that yes um excuse me you think of any
other conditions CH will not be used for residential ding purposes without additional okay also it says there can be no home home occupation if you're allowing this
conversion so that's a double I didn't know what that noise was any further conditions anybody no but I'd like to make two new find two more findings one there were no letters in supporter opposition but there was was testimony of two Neighbors in opposition
that you go in the findings there's also no pending enforcement action from the building department right okay I'll set to vote yeah we have a motion in a second all those in favor I opposed none all set thank you thank you so uh can I have a
last question so everything you guys ask me to change your you guys going to send me by email so make sure I do everything's right mean like the numbers you just said I mean get your up so I'll get every all the information yes so we will write this up the for you and then
send it to you okay okay all right so this answer is yes or no yes thank you God bless you all thank you all right now we'll go to oh boy is a tough one for me to say
papagna thank you I'm Irish I can't this anyway we have 40 Silver be okay this is application 002 of the Year 2025 Denise papagno trustee um has applied to the zoning board of appeals for a special permit pursuant to
sections 2412a and 24113 A4 of the code of fouth which is the zoning bylaw to remove the existing garage and to raise and rebuild the existing non-conforming single family dwelling and increase lot coverage by structuring the property is
located at 40 Silver Beach Avenue in North balma the zoning district is RC there is an overlay District the wild Harbor Coastal Pond overlay district is the applicable overlay District the blood zone is X and it's in Wind
category B the existing structure is 1190 Square ft with three bedrooms the proposed structure is 1270 ft with three bedrooms there are no previous decisions of the zoning Board of Appeals the lot is 5,159 square feet in a district that
currently requires 40,000 square fet the frontage on uh Silver Beach Avenue is 55 ft zoning bylaw currently requires 100 ft of Frontage Silver Beach Avenue is a public RightWay at this location the lot
coverage by structure is currently 23.1% which exceeds the 20% limit it will be increased to 24% limit which also exceeds the 20% limit but is within the 25% that we have the authority to approve by special
permit um the uh lot coverage by Structure Parking and Paving is 30 37.1 uh it will be reduced to 33.8 uh the limit is 40 under the zoning bylaw the current nonconformities are um
to the east it's 21.4 feet to the uh West it's 5.2 feet which is a non-conforming distance the street um Silver Beach Avenue is to the North and the uh setback is 14.8 ft which is a
non-conformity 25 is required and to the South which is the backyard is uh 5.7 which is also a non-conformity um the I don't have the exist the height of the existing structure but the plan show that the proposed structure will be
28 um 8 and 58 in in which is within the 35 ft Allowed by the zoning bylaw we have from engineering a request to consider the storm water dry Wells for roof runoff and erosion control the board of health says they're okay with
the three-bedroom uh septic system Conservation Commission has no comment the water department requires a upgrade of the service to one inch planning board no comment building department no comment fire no comment assessors no comment I found no letters in support or
in opposition on the file um and yours Madam chair yeah before we start um this house wasn't properly staked the
um applicant or his agent called the office and said that the ground was frozen and they couldn't get stakes in um we sent back someone last week because they couldn't get stakes in and they were well able to get them in on that property this
week um I asked a surveyor what he does and it was what I indicated before he uses a bar um also I mean the engineer whoever uh has a phone they could have looked at his phone and checked the
weather and saw that it would been if he couldn't get into the ground he would have easily been able to get into the ground on the weekend or any day this week um and and I think uh it would be improper for us to make an exception for
this uh applicant um when we don't for anyone else I went out there last Saturday and I saw what Mark saw and I found it inadequate I'll agree with that I mean we you say it has to be Stak and uh
Flags you know ribbons in the in the trees and you have to you have to appreciate that uh you know maybe in this case uh you know the house Remains the Same but but those Stakes have to stay there for quite some time
because you know foundations get placed and everything and uh um quite frankly uh if I were a homeowner I wouldn't pay for this half a job uh and I won't accept it as a member of this board either and I mean the word has to get
out I mean we work for nothing um and take our time and to drive out there and to see that somebody didn't meet the rules that are on the first page of the application is just simply unacceptable anybody else have any comment statement is important it's even
more so on very small Lots yep 5,000 all right so we'll move to continue may I just speak slightly I mean I'm not against continuing this I'm going to follow the board's Direction appreciate the
comments that were made you name and Andra I mean you my name is Jonathan palon s Associates here representing Denise pagno the owner who is present this evening um we obviously were hoping to go forward with this evening but if we um can continue it to the next
hearing is that what you're expecting to do to the next hearing is that enough time don't know what we have is available so our next date would be March 27th we do have a meeting on the 13th but it's full and we're also voting a 40b that night yeah so the next
regular meeting would be on March 27 and we could continue them on that date okay um I I do just want to acknowledge that um in my conversations with the engineer there was a constructive effort to reach
out and try and um address the proper marking at the site in lie of being able to to get into the ground because it was too Frozen I know that efforts were made to go out there and try to pound the ground with rebar that were unsuccessful
and so an alternative was to paint the markings on the ground um which included marking the driveway where there is going to be some extension of the building into the existing driveway which wouldn't have been able to stay there anyhow so I I do just want to
impress upon you that there this wasn't just a fly by night well we're just going to disregard uh the board's policy um there was a constructive effort to mark it so that when the board members did go out there they could see where the project is going to be I apologize
that it was not enough uh to meet your requirements and we'll certainly get that done before the next Board hearing that would be great if you can't get a stake into the ground um at uh Harbor Freight last week I bought a hammer
drill um if you know they're having a deal buy a battery get a drill I mean and a a set of uh uh three uh masonary bits cost me $14 the whole thing was $112 I mean all other surveyors get
their stakes in the ground um and I'll pass that along pardon me I will pass that along thank you thank you all right did I have a do we have a motion yet I'll make a motion to continue this matter until March 27 second we have a motion
in a second uh any further discussion all those in favor I oppose none thank you thank you thank you all right we're moving on to 73 outcome Madam chair rather than waste
any time I pulled up to 73 lcot yesterday afternoon and there were four Stakes falling over on the front yard um same thing the uh engineer surveyor whatever made no effort to drive the stakes properly into the ground they
were not even as far as the taper um and again I mean I I spoke to uh other surveyors they simply use a bar um if you can't do it with a bar if you're not strong enough I mean you can as I said you can get a a hammer drill for hundred
and something dollars um just wasn't Stak properly I didn't even bother to look at the uh Missing corner and that led up to the tangent um because it wasn't necessary there were at least four stakes in the front yard that were over I got out and I could see that the
stakes there were there weren't even driven in as far as the taper I mean and again anybody that's doing this could look at their phone and see that they would have had every day this week but the temperature was going to be over 40° so they certainly wouldn't had any trouble and the frost is only about 3 in
deep um there's just no excuse for it and this is the one we got an email on correct that said they spray painted no no that was the last one was the spray paint the last one yeah did we get an email on this one I don't think so yeah they said that they wasn't a corner
corner because it's it's a uh it's an arc or radius but it would still be near need to be Corner Stakes U where the radius began um but like I said in the front yard there was four or five laying out and um that's simply not
acceptable and I mean people pay for for for the survey and and whoever goes in there and does the next step Works off those stakes and if somebody's just driving them back it's yeah you know I mean we already made someone move a swimming pool this year for similar
reasons and uh I think everybody has to apply has to abide by our policies do you want to comment M we should open the hearing first oh that would be a good idea shouldn't we now we should let Frank open the hearing all right this is this is
application 003 of the Year 2025 Alice Goldstein trustee has applied to the zoning board of appeals for a special permit pursuant to sections 24102 a and 24.3 A4 of the fouth of the code of fouth which is the zoning bylaw to
convert the existing garage into habitable space construct a new garage addition and covered front porch exceeding 20% lot coverage by structure the property is located at 73 Alcott Street in East Balou massachusett we
also have a a note here from Scott schlutter who's the assistant Town engineer that on the plans it shows that the shore street is one of the abing streets but it would renamed bog Street um but the Front Street is alcot
um property is located in an RB zoning District um it is in wind uh wind category C but no flood zone no overlay District No previous zoning board of appeals decisions uh the existing property is
2,159 Ft the proposed property is 2911 Square ft the lot size is 12,680 ft² in a zoning District which requires 40,000 square ft the frontage is 8552 uh feet in a district that requires
100 uh feet uh alcot road is a private way at this point the lot coverage by structure is 16% proposed to increase at the 20.3% within the 20% excuse me exceeding the 20% limit requiring the special permit
under 24. 384 lot coverage by Structure Parking and Paving is 21.9 to be increased to 26.2 three it's within the 40% limit of the zoning bylaw um the existing uh
nonconformity um is uh the structure is actually not non-conforming as to Dimensions the non-conforming is the proposed coverage by structure um the the height of the proposed building will be 20t 6 in
engineering has asked us to look at storm water runoff dry Wells to take care of roof roof runoff uh impose erosion control uh conditions and also notes that the fence appears to be uh
in may not be on the lot and may require some kind of uh relief in the form of licenses or easements or something like that um the Board of Health has no issues with a three-bedroom septic system for this property conservation has no concern the water department
requires an upgrade of the service to one in the building um Department says that alcot there's a designation of Al Road as the front yard and fire department has no comment um also I
noted uh that the uh worksheet for lot coverage by structure does not contain an average did anybody see an average on there I did not no so that has to be averaged out okay yes sir um and uh
that's it no letters no letters in opposition at the present time uh no letters in support at the Pres present time so we are going to continue but if you want to comment good evening oh sorry just one one point for you um in
in the instance where there's an arc um technically it wouldn't be a lot corner but it would be known as a point of intersect okay I'm quite sure from my engineering background of 50 years ago appreciate that um it still needs to
be indicated that would be the the termination of the straight line where it be in to hence intersect understood go ahead good evening my name is Joshua kaj Janis I'm the contractor that is uh responsible for this project uh I don't want to waste any of your
time obviously we need to get the staking squared away um and we'll deal with the rest of that uh on the next one I'll get the averages that a what was it the lock coverage percentage average well as a requirement to submit a uh work I think the worksheet is there but
you just didn't average anything okay right so that way we can compare what you have to the average of the neighbor need right is the DAT you come back what's your thoughts on the fence too do you have a date did you get the
fence issue yeah it's it's definitely office there's an encroachment there yeah some I got that from engineering so we'll comply with whatever the requirements they need all right March 27th motion to continue till March 27th second
motion to continue in a second any further discussion that's good for the opposite is that good for you thank you very much Che I guess you're right make it yes as soon as possible yes let's hope the ground's plenty soft by then yeah I'm going to take up your advice on that masonry bit thank you thank
appreciate it all those in favor I oppos all [Applause] right hunting night all right we doing any this goes in the the old silver file up here somewhere um are we doing
any minutes no iy I'm working on getting caught up all right for discussion I look at management of public comment 's do it is that
me I I didn't put it on there I had asked for it let's go Bring it on I I didn't know if the board I mean there are hearings in which they're very contentious and people want to make comments and my time as chair I think it was always good Lu people voice and vent
uh but there are times I think that it's gotten a little longwinded I didn't know what the board's appetite was if we wanted to reinstitute our our time limit Rule and if so do we want to I was doing it tonight actually because I thought there might be problem but I um I I'm
I'm going to try I know with 40 BS I did ask our coun to let it ride and now I have to bring myself to regular 4as and yes start I did it tonight i r t and uh I might throw you my my uh my
phone you can be my assist is the idea of a clock still on the table there was a clock I mean I've G to some s meetings through you madam chairman that they literally the egg timer is out and as soon as it's heing say okay you're done thank you yeah so I mean I'm goinge so
extra but some have carried on a little too long and got repetitive and I I think it should just be at the chair's discretion but just to be mindful um you know I am trying to get back in the habit because with 40 BS you really have to let them ride I I feel we're there
only stops and I mean if if if any board member is uh so inclined they could indicate that the speaker has gone on too long yeah so you attend a lot of the select board meetings yeah are they all she cut off at two she good sometimes it depends on
who you are yeah yeah no and I I I watch the J I can't say that you get more than two no I think that you know again we just went through over a year of meeting every week and I agree with gyst process
we you try and have an open and Frank discussion but it's also the structure of the board is that it's defined in in our rules and rs I read it tonight that so many minutes for each person and you know if you're going to let somebody go
a minute then everybody gets a minute so I you know a line of the sand is interesting and I do like a clock or I do like uh you know some sort of a light that lets people know cuz quite honestly I think that's the that's the r that's
how we're we're defined I would be more structured and say let's let's lock people down to refine your thought process if you know you have 2 minutes you have two minutes and that's it should we try your timer I'd like to start with I'd like to start if you're putting it on your phone that when it
goes off everybody can hear it and so should use this and have an alarm do that I have no problem I don't have any problems when putting an egg timer up here that's what I was thinking cuz then the public can see it yeah you know what I mean at least they know they got to hurry up you know well I think the other
part of the problem too though is you have an applicant coming in and they have what 15 minutes or more if they ask right right and then you have various abutters who are potentially going to be impacted by if it's say like a raise and
rebuild and so I think you know from a property point of view it's very difficult to imagine that the house next door to you is going to be raised and rebuilt and the applicant can spend you know a certain amount of time explaining this
but that you as the abutter have 2 minutes to get everything out and most people it's a one time appearance here right right they're not you know other than people that represent people right all your abutters or first time and they don't know what your rules are they're
not reading them because they're not the applicant so well I think it's important that people be as concise as possible and not run on you have to sort of temper do you think if I remind a person when
they come up to the probably because here's the other part is that if the autter doesn't have a chance to speak their only Outlet Beyond this is an appeal and I think that's not the best result for anybody so I think you know
particularly if a Butters can work things out with applicants because you also many times don't have the applicants talking to the abutters right so the first time people are meeting meeting is here and it's not set up to
be a friendly mediation right so I I think it yeah it has to be sort of you know threading the needle because you know you're also meeting or had been every single week and you guys are getting worn up but each of these abutters that comes
in it's their one time right but they're here and they're not caring that we've been running a marathon right they want to they in you know truly so it's their property that they care about well let me just say as someone who's come before this board prior to me being on this
board for two properties and had to stand there and be told I had two minutes on a very important subject to me it was a little difficult yeah uh but I was also told at that time that I would I could
ask for additional time but to try and get out on a serious on a very serious project something in 2 minutes and you're not a professional doing this remember so I think that the chair really I think the chair really needs to try and manage this and if they repeat repetitive repetitive repetitive we've
heard that we need to move on I agree with you about the 40 BS but I think with these types that we need to cut it off it's a long time people come with a prepared statement which they're reading and you know to say you got to cut it off it's it really bothers them and messes with
their mind it does yeah yeah I think um I think now is a good opportunity to uh counsel anybody that's watching that may potentially be here that they really need to take notes and practice what they have to say beforehand and also I'd
just like to add that uh I think that the uh offenders have been the applicant as often as the neighbors that's um there was one a couple of weeks ago where um I almost fell asleep uh with the uh I won't mention with which one it
was but uh it was a little long um and it I should have said something I wanted to but I didn't I thought he was going to end but he never did uh but anyway so no but feel free to speak up if if I'm
to Lane to do it and he you've done it I think you did it one another time but feel free to speak like like in a selectman's meeting they usually say can you wrap it up I mean you know they don't cut people off I mean cuz no she does great job I watch and she does a really good job so Madam chair what do
you what do you propose as the conclusion uh to what this we're going to do do you want to just time it on your clock I'm going to just time it like and just have a a Gong go off just the brain will go the because and I'm serious about because you're
listening carefully to what they're saying and if we had some sound effect of some kind it would be helpful I think to all of us okay I can set that I'm I'm person it's up to no I think that's all right I just don't I don't know if they need to see something like do you feel
they need to see a light oh we have rules and procedures right and it's in the rules and procedures of how much time you have sounds like everybody's saying make sure we're being transparent make sure we're giv people benefit of the doubt but they need the Optics of
understanding that you're going to get a 2 minutes and that's it I think if I say wrap it up I think maybe if um before you take public comment just remind them that it isn't a forever thing that's a good way to do it that they just have I noticed that some of the applicants they
sit down and they want to get back up I'm not applicant of Butters yeah and you just limit it to you get your two your one time at bat and not you know cuz then they come back up well I want to make another except sometimes there's a point made that necessar it's
necessary to counter yeah I guess but we'll just make an effort to keep a you know it's not like it happens all the time but there have been a couple instances the only two things I just sorry just have a little brief discussion that that I find that I kind of I cringe it's the applicant who goes
well beyond 15 minutes the public comes up and comments and then he wants to the applicant wants to get up and rebut for another 10 or 15 minutes everything that was said I'm like wait a minute U that's the sort of thing I'm like maybe they should just ask for a little time at the end to reserve to to address or the
board you mam chairman make a finding the other is the people who have entered a written statement and opposition into the record a week and now they want to read it and they're going on for 5 or 10 minutes that to me is just getting repetitive they need to just kind of smise or I think especially in the case
of the applicant it's more incumbent on them to to um well one of the tactics that I that I used was to have it written out and ask to have the chair or suon to the clerk read it into the um minutes and that is something that if
someone pays attention they can have done it's a it's a good tactic uh because it gets right into the minutes and you have but you have to make that request so that's something somebody really has I mean obviously we don't want 10 pages so maybe there's limits on that too I don't know we just had one
last week it was four pages I think which I didn't read I just su he summed it up and he even said he requested to read when you have a project that D that draws a lot of people from the neighborhood uh and you get this parade of people up there and they all say the
same thing so I think at some point it's fair Suzanne to say you know get anything new something new okay and I'll try that line let's wrap it up because that's the line the chair uses I don't think anyone wants to indicate in the beginning that they
don't have all advocate for their their neighborhood so on I just that's a times I think we just need to move it on move it on okay and if that doesn't work we get traffic then we'll get the will fall asleep and that'll be the
yeah all right that was board discussion I was going to discuss myself of the staking thing I don't know if we can utilize the phone in this at all why should we have to they the the the rules
are it's the first page they get I mean if they can't comply see you later and I mean it's been pretty good all of a sudden in the last couple of weeks we've had a few well that's what I mean the winter is a problem because the I mean we had the 2 in we had the freeze and the 2 in of rain and I mean all my snow
Stakes laid down in my driveway I'll tell you that much these people are professionals they do it for a living like I I asked I have the first friend that I asked about he looked at me like I had nine heads so I got a crowbar Mark you know what's the problem I mean and honestly if you can't get it in the
ground I mean look at your phone I mean they could have gone back on Monday they could have gone back over the weekend the ground was soft and and and around here the frostline if it gets down 3 in yeah that's suris and I mean there's the you know the guys that are putting in the foundation everybody depends on these
Stakes I mean I'm working on a house that been staked out for a year I just ran one over the other day what's that no you know it didn't matter by then but I mean they were put in the ground properly and this is sandy soil and it's right on the application I mean and when you don't drive them in past the taper
and the steak what do you expect the wind can blow it over nobody wins the applicant doesn't win and we certainly don't because now it continues and we're bottling up another meeting date it would have been nice to get through these this evening sometimes I run around at the end of the day fight in
the darkness and when I you know drive all the way somewhere and I I see a mess I mean why waste my time and I think you're your everyone else's time is just as valuable well next meeting it'll be light out we change our clocks yeah next meeting
this the 13th 13th week off it is okay all right we're in that honeymoon phase right now yeah the clocks will change in the daylight yeah all right so
uh zoning administrative updates so I brought my list of most recent administrative approvals so that we could run through those because I think we had a bunch of meetings where everybody was dying to get home so we have a couple of minutes uh so 224
County Road the zba had granted a prior permit for that uh you may recall they originally proposed to put their condenser in the front yard and the neighbors were not thrilled aesthetically about that so the we
granted an administrative approval to put the condenser in the roof area on the North side so they found a little niche that they could tuck it in so from aesthetic purpose it looks much better and and then they had a semi parking
area in the front that wasn't really working out that they just so they just put uh gravel there so we gave them administrative approval for that uh nine Fairmount they had an existing three
family that was uh a true three family they just wanted to convert it to two Condominiums no exterior changes it's less so we granted that uh 442 acap pescuit uh they had a zoning board
special permit for de detached garage with living space above they wanted to add a balcony to the second floor on the side so we granted that uh 225 metoxit they had a special permit for an accessory dwelling unit in
the front yard and they wanted to shift a deck that they had shown on the plan from the West to the Northwest so we're granted that 21 long proper has about three or four acres it was a huge
L uh 21 Long Fellow uh they were adding an open porch to the northeast corner and some uh deck and some steps uh 263 Alder Lane uh they were removing a portion of deck and bumping
out their house to add a laundry and half bath so not living uh not habitable area and they actually also slightly reduced their lot coverage so it was a benefit for everybody and then uh 51
Buzzards Bay they were bumping or pushing out their family room um an additional 63 Square ft over a former porch area so we granted that wow you've been busy we have been very busy yeah uh
thank you I mean I think you obviously get a lot of regular decisions and permits but the administrative approval list continues to grow too but I think it's more efficient for everybody for you know the smaller items
that thank you goam go a lot of work we're very proud of you really other board discussion you're all done for the night right you're all done for the night no
there's nothing else else only my mind is on my mind is at the next location board updates we have a Meed another Thursday off it was 12 7 how's that for an update there you go all right board updates is
over future agenda items none okay our next meeting is at is on March 13th at 6 p.m. Mark call you second we have a motion in a second to
adjourn all those in favor oppos no [Music]