[Applause] well at this time I'd like to call the meeting of the Gardner Zing board of appeals to order today is March 18th it is approximately at 6:35 and I'm going to read first of all I'll
read the um rules that the board operates under some of you have heard it before okay in Gardner four members of the bo zoning board of appeals must be present to conduct a legal hearing
that's the Min minimum number generally there will be five applications will normally be heard with sequence in which they appeared in the public notice the board's under no obligation to adhere to that sequence all hearings shall be open to the public
public and no person shall be excluded unless he or she is considered to be a hindrance to the workings of the board an applicant may appear in his or her own behalf or be represented by agent or attorney the applicant or his or her
representative shall present the case to the board representatives of the city shall be heard AB Butters to the property present shall be heard those in opposition to the application ation will be heard the board must render its decision
regarding variances within 100 days after the application was duly filed in the office of the city court the board regarding special permits must conduct a public hearing within 65 days after the application was duly filed in the office
of the city clerk the board must render a decision regarding special permits within 90 days after the closing of the public hearing all four members out of five of the board must vote in favor of the
variance of special permit to be approved and granted and that's when we have a five member board on sitting tonight we have a four member board so when the vote is taken it has to be unanimous with the four members there's
no majority with four okay everybody understand that okay no variance of special permit or any extension modification or renewal thereof shall it take shall take effect until notification from the city clerk
that 20 days have elapsed after the decision has been filed in that office and no appeals have been filed and is recorded in the registry the registry of these for that County or District board requests that each person identify
himself or herself as to name and address before addressing the board sitting on tonight's hearing and I'll start on my far right is Laura Rita uh Richard Hanks myself R Le far's chair
and to my left David antea this meeting will be taped and videotaped does anyone object to the taping and videotaping no objections uh my last request is if you do have a cell phone please silence it so it will not
interrupt the meeting and then I am going to read the agenda for tonight so the zoning board of appeals March 6 March 18th
2025 and there's an announcement any person may make a video or audio recording of an open session of the meeting or may transmit the meeting through any medium subject to the reasonable requirements of the chair as to the number placement and operation of
the equipment used so as not to interfere with the conduct of the meeting any person intending to make such recording shall notify the cheer forth with all documents referenced or used during the meeting must be submitted in duplicate to the chair all
documents shall become part of the official record of the meeting does anyone plan to record uh any portion this meeting with video Etc no one thank you the cases tonight
are cases 2022 -1- 01 continued Jonathan Bachi 16365 Pine Street parcel ID R 22-6 d8 update on the special permit violations case
20249 D3 it's a continuance a special permit BC CF Investment LLC 75 Oak Street parcel ID M 27-24 d57 change the status from a two family to a three family case
20252 D1 continuance variant Kristoff charity 108 Grand Street parcel ID R 22-7-11 seeking Rel leave on rear set backyard to add two esses onto a two family
residents case 20253 D1 variance Roy cenin 68 aadia Road parcel ID M32 21-6 build a single family home with
dimensional relief dimensional relief will be the front Dimension and a side setback and after that there's new business announcements and correspondence and acceptance of or and or for corrections to minutes of previous meetings okay that's the agenda for
tonight so our first case in front of us is Jonathan bombach I'm going to be represented by attorney Christine tree and this is an update of a meeting that's been going on for a while while we're getting a resolution on the issues
okay so was that water in the [Laughter] backyard go ahead maybe um okay so uh good evening everybody we're here for the continuation um and uh of the review
and we do hope uh and are asking the board um to take a vote tonight so that we can bring this process to a conclusion that is ultimately up to the board and where we get to at the end of the discussion um but we've uh put together tonight this
is what we can do um the board is welcome in in our point of view to take a vote on each one of these uh proposed Solutions or um uh vote on the one that they so
um I just wanted to um briefly address something from the last meeting um we had at the last meeting submitted um two letters from contractors regarding the safety
issues um and I know that some objection had been uh voice to them um and in commission and Mr Hanks in particular had had an objection I I just want to say this about it um and move on I very
much respect that people have a difference of professional opinion um and I respect that uh Mr Hanks has served as a commissioner for a very long period of time um and is very used to sometimes people coming before him and
submitting things that they have falsified um or are really not true I I just want to make clear because I know that my I Mr Hanks and I know each other a little bit but not that well um I don't do that I don't do that and I
don't submit documents like that to professional boards I completely respect if you think the opinion in there was wrong and um have have a different opinion about it um but we don't submit
things that are false um and I just want to make it clear to Mr Hanks and the rest of to the board before we move on not to say I'm sometimes not mistaken everybody makes mistakes but not
this so um I'm going to skip through a few of the introductory slides we've seen before this was the property um this was the renovation um and we're here on completion of the special permit conditions um this is an update so the
last time we were here we had the two temporary certificates having been issued there was an issue identified um by The Building Commissioner regarding a landing that needed to be um fixed it wasn't built according to plan um and we
have submitted the revised plan and obtain a building permit um for that uh that was issued on March 13 2025 um the I believe it's May 17th but it may be May 27th there's a
deadline with the temporary certificates um so the building permit has been issued the work will be done within that time frame and hopefully inspected within that time frame as well other than the parking um to my knowledge that's the only other outstanding
condition um that's a building code issue for the building CO Building Commissioner to be concerned with on those two certificates of occupancy um so that's an update from our last meeting um this is just a review of the
conditions we had looked at one space for each dwelling unit um and delineation of the spaces um we did also provide a letter about uh parking to the tenants um and so that was the lining of
the spaces done in temporary fashion while this um issue is ongoing turning tree what would be the maximum number of spaces based on that condition so on that condition and there's a difference between the condition and the
site plan based on the condition eight units eight spaces we do have those two buddy parking spaces on the side that are assigned to one unit um the plan had 11 plus the
two 11 total 11 total yes 11 total so there should have been nine in the rear plus the two on on the side um and that's the difference between the condition and the plan um the Buddy parking uh was to be
indicated sorry about the Skip and that was the designation um and installation of the signs um there's another picture later on but the sign has been permanently installed um and then snow storage removal was another issue um and we had
the letter confirming the contract for snow storage removal off site um and then here is uh the main issue is the parking lot not built to plan um so I just want to reiterate and
I I hope it's visible to the board this applicant submitted a plan that they intended to construct um and did and that was not in fact constructed they PA contractor in good faith to complete the plan the contractor did not start the
parking lot in our place because it didn't allow for the stairs in the rear to come down so that 8 ft approximately yep 8 ft short is what happened
resulting in a loss of um parking spaces and uh so and then uh the an tried a couple of different ways they asked for a variance they asked I believe for a different special permit
they were denied um and uh then this proceeding started they engaged an an engineer prepared a plan obtained a building permit to construct that wall and then went out to look for a contractor to
constructed and what happened at that point in time was two different things number one the cost estimates started to be vastly more expensive than than contemplated and number two was the the
um concerns that were voiced about danger to persons of property because of the method of construction that now had to be used um we've submitted to estimates um that you know range I think
between about a 50 and $200,000 for the construction of two parking spaces and um in addition to that the concerns about the employees who would be doing the work coming up the back
slope the equipment coming up the back slope the issue of the stability of the parking lot we have reached the point where we have deemed that we canot amend um the construction that has happened and uh you know whether you
want to look at that as a practical issue or a financial issue we can't comply and so we need to figure out now what happens and that's what we're asking to have happen today this was the original
plan um and I think I might be able to so um the purple on the right that's the back of rear of the property and the six braces there have been constructed the 1 two three that's where we're
short um and so if we go to the next slide um this um was sent over today and this is um how we get seven spaces in the
back so that space label number eight is on the side and so there's a little um a construction that can happen from the front that adds on to the existing retaining wall while we are
regrading and Paving the Buddy parking spaces um to add that eighth space I have a question looking at that slide yes I see seven then I see buddy mhm is that another
vehicle yes so this this is consistent from the original plan so if I'm looking at this I see and those six on the left M all valid spots all valid spots so
we're looking at nine spaces here yes okay now traffic flow not worried too much about 1 to six how about the traffic flow from seven and Buddy going towards 8 how much
space does 8 take up so eight is dimensional 9 by8 and it is pulling as you can see um I would say about 2ir of the way into that uh buddy parking aisle or or so it doesn't obstruct the Buddy parking it's
just it continues down um we took a measurement from uh 8 to 6 that's about 16 ft 8 to one oh I'm sorry 8 to1 8 thank you that was there was
typo in my email I apologize um so 8 to1 is about 16 ft um 16 plus a few inches um so the uh standard I believe is 24 ft for a maneuvering aisle
mhm um so it is not 24 ft um but it does uh provide an ability for that uh space number eight to properly back out um in turn to go out uh head first from the
driveway okay next question if an emergency vehicle needs to get into the back of that building how will parking space if it's occupied and to say the tenant is not home mhm how does that impact the
ability of emergency vehicle fire trucks ambulance Etc to maneuver back there it is a difficult space for any large long vehicle to maneuver and what will need to happen is
it's going to have to pull in and it's going to have to back out um unless you know there were sufficient removal of the cars on the left hand side um a um
long is a I I think it is an 24 foot long correct me if I'm wrong for the um for uh fire Tru for an average yeah 24 ft for a fire Tru um but
I will also say that that has not changed since the original plan if I go back up and so if we get that original plan back up
here um if we had uh the nine spaces the nine spaces would be occupied and that um you cut off at the end of the parking spaces um actually a little bit shorter
because the parking spaces are 9 by8 um so if the parking spaces were haved if on uh uh numbered 678 I'm sorry 789 you'd have about the same space
there to maneuver um so I I I agree it's not great I also don't think it's um substantially decreased the amount of space available yeah I only rais the question because we know what the condition of that house was before the renovation
started taking place and it was due to a fire yes um not a firefighter um but certainly I I'm not sure the ve the truck would approach it from the rear um they might approach
it from the front and around the side has this plan been put forth before the Building Commissioner no no okay I think one thing definitely at least I hopefully I'm speaking for the board but I would definitely request
comments from him regarding the location spot okay um so I'd also suggest like we usually do send it out to the fire department if we're concerned about it so they could make okay com comments on
it because that seems to be an issue so I think was two things if you you draw up your new plan or with a narrative with it M Copy a to the commissioner copy B to Chief legoy okay um I do want to note that the building is
sprinkled fully sprinkled fully sprinkled so um which hopefully will assist in a future fire and Alli alleviating its effect can I go back to the parking Mr chairman I have a couple questions um
for the Buddy Parkin 7 and it says buddy you know that building that has right next to it m um so when I look at the drawing where it says buddy and that line goes beyond
is that the property line do you see on the little um skewed Square the that makes it a parallel instead of a rectangle yes yes um I believe that's just an issue in the drawing program mhm yeah it was the same way on the original
plan okay so now to build the uh parking spot number eight you're going to have to build all that up I was wondering what and what are the measurements going to
be for for it so that's the visual um so that's a picture with the if you can see the orange spray paint marked um that's where we would need to construct spark space number eight um so it's going to
require a little retaining wall work on the end um to make that space level um and the dimensions were 9 by8 it was a dimensional conforming space and how close are they to the the The Back
Stairs the parking space number eight go back a slide yeah from the yeah I don't have a measurement on here could you estimate um probably about 6 ft but with the landing change we're actually going to pull the staircase
back about 3 ft because the the issue is the header is a couple inches short so we're actually going to pull the stair back to get below the head so the stair is actually going to move a little bit further the other direction so I I would recommend we have
Dimensions I think my addition for what you're going after is I've requested commissioner Chief will go and a new set of construction plans with the dimensions and everything laid out of what's happened there so we can look at
as a a new addition or modification of the original okay good um are there any other questions um before sorry not for me at this point on the no but with the dimensions is what
should be given to the commissioner right yes it will help the commissioner evaluate the propriety yeah his opinion of parking space eight being there so okay so anticipating that we have all of
these spaces in there uh okay that means that all eight Apartments would then be able to be rented because right now you only have seven unless since the last meeting you have a new tenant I don't
think that's changed so acknowledging that this um is an open issue before the board um when we had a vacancy we've kept the apartment vacant pending conclusion of this matter um the applicant would like to have the eight
uh the eight units um and reduction um of units is the last preferred option in our res I understand I just didn't know what the status was at this point for that department that was V so I want to
talk a little bit about that um and that just so you can see on on this side um the uh permanent buddy parking sign was a fixed um to that
post um this is something we don't usually do um and this is to talk publicly about the financial costs of um investment and running um a rental property and
renovating properties that are seriously disted stressed um you know I I want to generally say that um we have a directive right now in the state and in the city um to generate
more housing units that we are low um and it is appropriate for us to generate more housing units and and best uh practice would be I'm not going to call them affordable units but units
that people can afford um um you know units your average person can afford um this I am going to uh highlight to the ex uh or kind of hopefully let you see that a little bit
better but what I generally want to say is taking one unit down um will make it a bit in the red taking more than that down is not it's not going to be able to
uh continue to operate and be in the black in otherwise balance its books from year to year um taking out a $200,000 uh more line of equity if it were
available um would put put this unit way in the red um the applicants or the permit holders have done a number of projects within the city of garden um and they've created created a number of housing units um what we're talking
about here is really not housing it's parking and um I understand the realities people have cars you know people have cars this is a higher density neighborhood and we have to account for the reality that you know
there are going to be people with cars that are going to use this property um but I'm going to say again with eight units everyone has at least one off street parking space with this
plant and this unit has been functioning in this fashion for a year and a half a year and a half so if there were a massive problem with excessive on street parking generated by this unit by this
dwelling unit there would have been complaints to the city and there aren't there aren't um I'm going to have um uh Mr Bachi talk a little bit more about the
um numbers because they are his um but this is what happens um the average rent per unit and they've been able to create 55 units of housing for
Gardener um the average rent per unit is 12977 right now now if um we go with option two and if you remember that was going to a property about 1100 ft down the street
um that's just been recently been acquired um and have those two extra off street parking space spaces there um that'll the city will gain from that property total five parking
spaces um and you can see the the cost cost of creating that is far less 50,000 um the cost of doing that per unit is 25455 and that means a $21 increase per
unit um on average but if we go to option three um and we have to otherwise make up for the rent that's lost from the eth unit um we have another $31 and that's across all
units um because again this is managed as an entity and if it were in if I were to take that $31 and located particularly on this building um then I'm probably multiplying that by
10 um and then the city also loses another dwelling and it gains two parking spaces I'm going to um um uh this these were slides from last time that's the uh
difference between the two properties on Pine Street um it's about 1,00 ft from one to the other um and this is a visual top down from satellite photo um of the
uh of the property um these are the parking options um it's two unit dwelling um so there are two garage spaces um and three existing
spaces um that would be the creation of additional parking off street parking spaces on that um lot um so that gives us uh eight total off Street um and if we go uh even further that would take down
the garage um but we could get to 10 off street parking spaces um I I think that the Board needs to uh think about whether it would want the off street parking to be located on
that lot and then we could present a definitive plan on what that would look like well is the garage used at all other than storage or something right now the house has been V for years okay it's another was another fire
property that would be renovated so the garage one probably isn't great repair no so it's probably it's the same cost to do both CLS essentially and it's because we're either knocking on the garage or repairing the garage but it yeah neither option really matters to
us but it would it would provide more parking to the neighborhood yeah see I'm just you're presenting like three options here I am um and I know last meeting we were talking about the eight
units mhm and the board put forth of would you consider seven mhm then I think you said course you had have discussions with Mr Bachi but if you went with seven and then you move
parking some parking up here not all 10 cars but a couple of cars mhm you keep your cuz there's no way you're going to get all the exact number that you need on here because of what has
happened uh so if you going to had 10 spaces you would have eight at the existing 16363 16 and then two here at 307 so you get your 10 number you know couple of
people might have to walk what is the distance between 307 163 it's 1100 ft but it is all sidewalk it is on the same side of the road there is sidewalk yep and it's on the same side of the road and I know that was the concern of
the other lot we proposed was you had across the road place so it's just shy of three football fields yeah yeah I think it's um I think it's a 2 miles qu a mile yeah
okay so um what we could do um based on the board uh the chair's comments we could uh provide those to missing spaces at least you know on on
the alternate property and keep the eighth unit vacant until that rested um that would I would expect that the board would want to see a permanent easement for the parking being recorded um on the second
property and um uh submitted to the board um into the building commissioner so just as I understand and we're clear you're proposing to keep the eth
apartment but you would I'm not PR I was going to say sacrifice but you're willing to move more cars down to three to 307 willing to to create two two parking spaces there that
are specifically allocated to 163 165 I don't know if they'll be used but they'll be available well I think if we you know start packaging and I think this is sort of a negotiation here because the end
result as we was originally proposed is short of winning lottery to have it done um so I think and our last comments from my members here if you're proposing
something new which this is if you have plan A B and C lay them out and then highlight the plan that you strongly recommend that you would like to have and I understand about the
income coming in um and today rents aren't going down and if things go as I think for my prior work experience neither are interest rates going to go down you I mean it's almost
a factor life that that's going to happen so any additional financing gets more expensive so we have to sort of work towards a compromise goal so if you have three and I want your comments on this
is if you have three plans a is one is that's the one you want B is maybe we can live with this three it's going to be pretty hard to live with you know in terms of you know
your best to worst scenario you know including how many cars where are they going to be and including the construction as buil plan for car eight or seven or whatever it is out
there eight um I look at you know and and see that and you know what one works what one works best for you but also works best for this board right you
know so it's it's not going to be 100% zero it's going to be somewhere in here you know because we have to keep in mind the tenants the impact on the neighborhood and what's going to happen going forward so I'll solicit any
comments from you right now if you have any I do so it appears that you're well on your way to completing all of the other violations we're waiting on the back porch
exit those all need to be done I agree okay um I would be willing to consider the three that you outlined um I really don't know how
people will feel about more than 1100 ft away from their Abode but it's something to look at and I also understand incum versus what's going out
so need to see it me to see it with the measurements yeah I'm going to play a little Dev Devil's advoc it with you please do I understand the 12200 ft and that's not anything I would want to walk to every day in a snow storm or something
like that right but knowing Pine Street intimately there's some people that live there that don't have any place to park especially when the parking band goes in they have no place to go so I'm I can't say they walk more than 12200 ft I have
no idea but they've got a situation of no parking okay this one is a modified parking but I'm not saying you know throw it out but I mean I'm just playing a little dev's Advocate thinking of what the makeup of that the
nature of Pine Street is especially in that section you know you go after Logan Street and everything not a problem the beginning of Pine Street not quite the same problem it's right congested and the SWAT in the middle MH and that's why
you had all the big three families and everything like that so Mr Hanks do you have anything you'd like to submit so I like the idea of three optional plans one of the things I'd be curious of uh the uh parking further down Pine Street
granted right now they're owned by Common owner would would that be in the deed that 163 165 has those fing spot perpetuity so that should you decide to sell sell one bill and off or something you know the one for down P stre the
people are saying yeah we're not going to andot back out anymore yes so um there's a if if we look at the legal issues surrounding the creation of an easement um you can't uh have an easement for yourself I'm not sure if there's a different entity
that owns the separate parcel it would be a different entity yeah so if it's two different LLC entities then it's perfectly fine to create an easement that benefits one and burdens the other it would go on record with the registry of deeds and become part of the
permanent record for each property and I will say that when we solved the parking issue at um 45 Greenwood we solved that by doing a permanent easement with the building next door for a byri project and that was accepted by the deed and The Building Commissioner at that time and so we have done permanent easements
before in order to allow for parking for Buro projects so this is 45 Greenwood Street we have a few project examples here um and uh the easement is absolutely the correct way because it's a permanent right
so so when you do your your uh tree plan options on the further down Street Pine Street one would you be able to show dimensions of those parking areas CU right now you're just labeling 1 to5 1 to6 but it's not showing you like to
scale or close to it as to what that would look like once drawn in to the proper Dimensions to be a park and also turn around and exit yes so we should show uh the dimensional measurements of the parking spaces the width of the
driveway that's accessing the property on the right hand side um and then the dimensions on the parking area to show that there's sufficient maneuvering side um within this lot there's a fair amount of space to play with particularly if
you go to um this one or this one um because if if the existing garage is taken down then we just have a large area to work with it's level the whole thing's level up until the the other one so this is all maybe 3 ft off grade from
front to back okay a question was thing would he was asking think of it looking at that plan right there the option two you're going to convert those spaces to 9 by8 to see and I your turning radius
could be kind of tight between six and 8 but that house is vacant yeah it's been vacant for a long time any plans to convert it to a rental property it's a two family um permit to pull works are construction all right it's only a two
family yeah not going to change to a three or more CU I don't want to I'm just thinking of boxing yourself in by allocating spaces to 163 and then you go to convert
307 you back before s variance because you don't have enough parking spaces so that sort of um to stretch it common ownership of land and get separated and you actually create the
variance mhm and uh I I think that is uh one of my favorite terms in uh zoning which is infectious invalidity um so attention needs to be paid to that point if the area and I'm
going to ask this is it level all the way back or most of the way back yeah if you go to the previous slide so this from front to end of this example we're all 3 feet from spot one to essentially the dropway so this is all a pretty level lot at this point in Pine
Street so if um in this depiction for instance if when we went to do the uh serious measuring there was an issue with the space um or the turning radius um or anything this garage could be taken down
and all all problems would be resolved so um there is sufficient space there to create compliant parking spaces um and the the question to me just is the board's consideration of whether it's
appropriate to use them for the other property hey Mr I'll ask for you oh I think one of the things I when you create those parking squats would would you need consideration for screening to the butters for cars headlights shining
coming and going to be Butters you know so that might be something you want to look at as well is that you know because right now the abutters don't have nine spaces behind them you know so that's nine cars coming and going well probably would one or two fo in the pass but you
know gives consideration to screening to the butters for to get cars coming and going headlight shining into someone else's bedroom windows or something yeah either some kind of fencing right I'll call permanent Woods I don't want to say steel because
that's a chaining fence sort of that you will block up to maybe I know 7 or 8 ft in height that blocks the traffic turning and the lights Etc and the thought off of this is you got snow removal that should be a new plan who's going to remove it who's
responsible if you've got something that has an easement now who's going to be responsible for slow removal how much what portions cuz you now have a common driveway you know and you don't want tenants saying well
that's not my portion mhm you know nobody has a portion they have 100% portion you're right so we need to know who's going to clear it and follow the same conditions of say depending on where they're going to store it if they're going to store snow M and I'd
say if you've got 3 or 4 Ines that snow's going to get out of there so I mean there's a lot of things we've put on the table here so it's not simple as playing one two and three two cars here two cars here I very much appreciate the commentary because it will help develop a plan that
meets the concerns that the board board has raised and Landscaping and and screening is uh absolutely one of them creation of a new parking area uh we're going to make sure that our setbacks are adequate as well lighting and lighting is downcast just just when I with that
you have any more questions or comments you are will you need an extra curb cut for that sorry there interested to see the measurements for that one well that's
interesting on the lighting so you you would need parking lot lighting um full cut off most likely so it's not spilling over the lines but who would that be metered who's who's going to pay electric bill for the parking lot light so primary responsibility for the
parking lot has to remain with the main property owner because most of the parking space is there are for that parking and I think um having uh tenants coming down and being responsible for their own shoveling um or paying towards a
lighting bill is really not um something that's going to work out well so I think those are conditions that need to remain within the easement um that would become the burden of the property owner um on an ongoing basis yes 307 okay 307 nor
there is some sort of compensation for the easement and so that's settled with the with the deed and then the and then and then essentially like they're they're getting compensated for the easement and then it and then exists some perpetuity on house so we pay you
$5,000 we get back an easement and these are our rights under the eement and your obligations in exchange so yeah so that would be all recorded in the de of the eement yes lighting snow removal all that yes
okay trying to cover all the bases here yeah so you're not coming back and then we have more oh no this is I'd rather throw things at you now and you either duck or I'm very happy with the feedback so so and I'm sure you're well aware of this but didn't it have to be a maintenance agreement that goes along
with this too because at some point it's going to be all potholes some's going to fill them and the lights going to burn out someone's going to replace them so but that's that's your legal side of things but that's just uh no I think that's a that's a great um reminder of that there's a long ongoing maintenance
obligation with the creation of the Seas and what we try to do at times is like using his point you have pot holes mechan that's the break apart or New England it does the job on driveways and everything and we try to put some
timelines on these if you know Pooles develop Etc you've got X months to rectify because they could sit there for 3 years before some thinking about it so you know we're just trying to tie off
all the loose ends on it here and I mean we've given you a lot you know to think about what you're hearing though and I'll just say this is not a guarantee what we're going to go along with this and vote Yes it's going to happen but
we're trying to work as best we can negotiate a deal to try and get this taken care of as I said the benefit of the city lieutenant and lastly the landlord yes he always gets the last spot but you know the other two come to
the surface first definitely not definitely not first but not no spot either David yeah I I would need to see more of the legal type of agreement that
would be set up for your option option to I don't feel comfortable doing that I mean but I if we could see a little more explanation about option two if that's
what you're looking at um so in addition to the enhanced plan that um was just discussed we can submit a proposed form of easement um going through these details um and giving the board some time to look through it and see Counsel
on it if they do wish to do so yeah I lived where there was a shared driveway and uh we we had some interesting discussions when the uh people that initially owned the next door left and
someone new came in uh it was It was kind of an interesting uh discussion I'll say heed at at times about using that shair driveway who shoveled it where did the snow go so
I am concerned about that a shared driveway a true shared driveway where you have a driveway in the middle and then separate parking areas in the back I I very much understand that is a frequent source of uh um impassion
discussion between neighbors right right but I mean it was an old H you know an old old house but this same idea here is that you you're probably going to assign you know say Lot number one and seven
that will go for Pine Street just that's an example so I there won't I'm sure there's not um a way to eliminate all issues oh sure but um most of the time the issue with
the shared true shared driveway as I just discussed is on the commonly used driveway part of it and here everybody's just going to be using the driveway and nobody's going to be blocking it so I think um as long as we
can resolve and and make sure that there's no obligation to remove snow in those tenants um and that maintenance is done um this should this should cut down on any potential issues but it's definitely
a good reminder to think of that shared driveway thank laori Richard you have anything else you'd like to add for this portion of her just of laa who who who draws straws to determine who pars down the street well it it's going to have to end
up being an assigned assigned uh overflow parking so as it is remember we don't have two parking spaces for each unit but that every unit there is going to have an on-site parking space at least one and then one unit will have
the two buddy spaces so what I as a functional matter if I'm uh tenants occupying one unit and we have two cars and we have to get them off the street um I am going to drive my uh uh
co-tenant down the street drop his cough car off and drive him back up um as approved this was never going to offer more than those two floating spaces um and I I I I can't say that I
could promise that there would be more than the two floating spaces here um but it depend if the house is developed with two units and there are eight parking spaces there um you know I don't know
that it's a potential option for overflow um but tenants are going to come into the building knowing the situation um and you have the opt not you Mr maachi has the option to
Whoever has to park somewhere else it's not as convenient as the existing tenants you can negotiate the rent $31 break so I mean if you're 2,000 a
month you're only 1950 a month or 1975 because you got to go in there down the street I mean there's a lot of ways to do this way of doing it yeah yeah some people would take that offer um of course they would you know now I'm going to move along because this
we spend a lot of time on parking but there's a lot involved in this parking now do you have other things conditions Etc you want to update us on at this point all of the conditions accept compliance with the site plan and
getting um the final certificates of occupancy which means resolving that building code issue um that the building permit has been issued for um have been resolved okay um I would I want to make
sure that procedurally I'm giving the board what it wants um and I haven't yet heard that you want an application for modification of the special permit um just that we're going to submit um
updated um plans with more information in a proposed form of easement um uh comp Ling with the requirements the zoning ordinance the comments that have been made by the board today um so uh if
if that application for a modification is desired let us know so that we can submit it otherwise we would um put forth the options and ask for the board to reach a decision on them well that's
interesting okay I have a comment and then I'll take anybody who wants to chime in there's a lot not going to be presented here in multiple plans I jump ahead and say yes a modification will be needed yeah but I'm
not going to say when you submit your next plan have a modification ready to go because we're not sure if we're going to like what has been submitted if it's appropriate does it meet the needs of the applicant the neighborhood and us I
think the modification would have to happen and it's not like the application was done last month this is stretched out almost a year so another month or two I know it impacts the rent but so what I would like to see is come
in with your plans addressing as much as you can of all the issues and saying a b and c this appears to be the best what is the board going to look at which L board if we want to intervene if the board does come back and say no doesn't
meet the criteria well we're right back where we were if the board comes up and said yeah we this looks good we can make one Min modification then we can look at saying okay now come in with a modification to the permit that was granted one item
that I did mention and hasn't mentioned you you have sort of addressed it about any outstanding issues of uh occupancy permits inspections and ET I would the board would also like a letter from the
Building Commissioner saying upon review all the uh occupancy occupancy permits have been issued all outstanding inspection issues so there's nothing that needs to be
inspected and approved occupants of w in other words he's giving us 100% it's ready to go on that part and here if we look at that and your plans and it looks good then we could proceed forward at
that point but it's not I'm saying don't come in with the modification next month okay because I think we need to get the plans look at it study it and be comfortable with it and which one are we
comfortable with yeah and then we can submit the modification I I just want to remind the board um until the parking issue is resolved and the uh special permit is modified or I I we cannot get
the permanent occupancy we can ask the um commissioner to state that there's Temporaries and there's nothing else remaining yeah I guess what it was just said is if we're close to that point then everything has to be taken care
then he can come out with a letter saying all that yeah you keep say that the only thing pending is the parking issue yeah right um and I'm just going to make sure that we can get the dimensions on the plans by the next month's meeting it's going to be tight
we'll have to yeah we'll have to get the architect out there okay so I think I can't go back and talk about all the things we just talked about but I'm sure YouTube will have it for you you probably got a recorder going so you can
work from that uh YouTube presents its videos within one day very reliably so it's very nice as a resource um and a transcript generator if we ever need that so okay um but thank you um I
appreciate have any further questions or so we know what your CH I I'll call it challenge is to put this together with Mr bombach and and see what we can and then so we're just going to continue
you to next month and uh I'll just ask for motion to continue it for another month that motion to continue second okay all in favor I I I all oppos no opposition no extensions okay next month thank you
very much Mr chair thank you very much okay next case before the board attorney Tre uh you're up again stre thank you um I so I uh when I reviewed the agenda that came out on on
Monday morning I had spoken to Mariel um at our last meeting this was continued to April not March um and we did uh sign the continuance uh agreement and pay the continuation fee for that um so I I
would ask um just that the board recognize that it's already been uh re scheduled for March for April April not for today yeah didn't we already extend yeah to April to April because to asion okay then we'll see you in April thank
you okay have a good night okay next case good night 2025 D2 d01 continuous for variance Kristoff charer 108 Grand
Street paral ID R22 d714 seeking relief on rear setback and two esses on a two Family Residence Mr
you Mr good evening do you want to put this somewhere they can see it on the television is that possible or you want to just see I have a big copy of something and then I have some smaller ones that match what you have in
your oh okay intentional drop intentional drop intentional drop why don't you do you want me to take this so you can lay that out or do you have this will be simpler this is scaled the same size as that and it's
not as big you can yeah I'd prefer the work from this one cuz that is small the side I can sh with one of you so this was a survey plan just this the survey plan was already on
filed with what you mentioned last minut I don't know how you want to move through it Mr chairman but Mary ell put everything in that little packet sort of in chronological order I I restated the
reasons on of why I was seeking this variance and then there's a floor plan it's a two family there's a floor plan of the two family uh about halfway through your packet that shows where I'm positioning this potential second and
first floor egress it's a secondary egress on the first and second floor um if you're facing the property it's in the back left corner but then I drew myself on the plot plan all the existing setbacks and
topographer Contours and so it wasn't so what's this this yeah there's your floor plan so this is this is the first floor plan 11 fac that's the front of the house
this is the front because of uh side facing Mr lefon the front he's got 10 ft you need this right no so that's 10 here to here he coming up three and this is the second floor you're looking at it from the front right
here so on the first floor where I am hoping to put it it would be walking out right to grade and it's flat everywhere else on the property you can look at it it's sitting in a bowl uh everywhere else is like this so
if we put it where I'm suggesting it the first floor will be able to walk out to grade and then the second floor would be a a 3ot landing or a 3ft clear landing and then down a set of stairs just one level but it be above each other like
yeah still still would be above each other correct there's two existing Windows there that we would take the windows out you'll see in the photographs I actually show where on the outside of the building those would be I know there's better ones now there are yes keep
turning they're labeled and numbered if you uh go into correspondence can you flip the page at least never mind I got it thank you sorry no it's okay so the the first if well when you all get there
no you're going to keep going one and two yeah keep going this way keep keep going I went to the office and marel very generously help me organiz for you broken so if you look
at one you're looking at the building from the street kind of and you can see we already replaced the two porches on the front which are the main erress existing mhm and where I'm proposing the secondary eress is around the corner to
the left side in the back this perspective also gives you a good sense of how far away the next house is in the back on PE it's P Street behind it now is that photo2 uh photo one oh I'm still on Photo one okay yep see the house see the
house in the background is a slope that go up on the hill yep yep it's it's that's it's quite a bit of the distance up the hill and then you're on the back of somebody's house so I think it's very
non non impactful on the neighborhood to put it in that back left corner I would agree it's not impactful to the peab street house if you wanted to go to the next one I'll uh picture two I had too many
pictures I'm sorry but I I made it less than so picture two you can see I have an arrow pointing one way that's just showing you where the stairs are to come down and it's a flat level way that gets somebody a chance to get down the stairs and walk off once they get away from the
house they're going to be on a hill but anywhere on the property I put a secondary erest once they get away from the house they'll be on a hill so is it already concrete yeah there's a retaining wall already existing and there's a picture of that further on if you go to three Lori yes I see that um
this is the retaining wall that holds back the banking up to peid Street it looks like it's 100 years old but it looks like you in good shape don't so there's enough space between the house and the retaining wall to have a safe eress on the first floor and also a safe
eress that comes down on the second floor and I would picture them going different ways so the first floor guy would walk out and just go right down to the front of the house the second floor guy would walk and go towards the back but both would then
have a easy path of eress and then the the the fourth picture shows where the upstairs egress potentially would be I peel back this iding put plywood
there and then the fifth picture shows where the first floor egress could be which is right directly under the second floor ESS that one would exit underneath the stairway coming down it would un unit underneath the platform not the stairway
so you'd have no ceiling height issues and those posts would be at least you know 3 and 1/2 ft 40 in out so you just walk out the door and you're on level no danger from snow and ice Etc falling no okay
yep it's kind of a tricky all those lots up there are kind of sloped so so when you come out the first floor excuse me will it be level for the person correct all right and then I can explain to you the bigger
drawing if you if it's helpful I gave you my copy but you can use this one what you need that disat top yeah okay so in this thing you can just
see that this is not exactly the scale I to I scaled what was what the plot plan was but it's a little bit out of scale technically but it's pretty darn close
so so your measurements are correct from the house to the line the setbacks are correct all the draw all the measurements I wrote on there are correct but the scale of the drawing is a little wonky because it's 100 years old but so if you look at the front
which is sideways so if you turn that that way yep so now you're on the street looking at the house this is the and you can see most of the front of the house has a driveway in there which is two things of off street parking
which is important and then there's a garage so there's technically three places of off street parking and then the left side of the front you have steps going up to the new porches that we built there is enough room on the right hand side of the house for me to put a
secondary erress and that was originally my plan but it's more sloped it doesn't come down on level ground and you would have to have stairs for first and second floor where if we put it in the back corner right you'll
see that in red M um come the first floor comes out level to the ground and the second floor is just one set of stairs down so giving the slopes that are coming all the way around the slopes that are coming down off the hill uh I think it's the best
spot to put it so the first floor tenant would exit to the left and the second floor would go off to the right yep so when they go off to the right do they have a clear path to get around the building or they do or can they double back and follow the First wall one or is
there that retaining wall on the way they can get by if they were skinny I mean if you were getting out of there quick with a kid or something you would go you would go straight that way and go down the slope on the side of the building and and it's not ideal once you
get away from the house you're on a slope but anywhere on this whole street once you get away from the house you're on a slope so at least this way he would have it's it's level all the way to the corner of the house and the retaining wall is holding the banking back so it
is a nice clear path yeah has has the building commissioner looked at this for any input for well he's looked at the he's looked at the construction drawings which show the proposed location of the ESS stairs and then he rejected them
based on zoning so Z I have a permit on the front porch porches and some other stuff inside which we're working on um he was here at the last meeting so he knows what I'm trying to do so so on the right hand side is that lawn well I
should have piure on the right hand side of the building Mr Hand yeah so so when the second floor person comes down they got to they got to walk and come around the right hand side which you said the deg gr tapers yeah it's about a 5% slope I would say and that's not treat or anything so that
that person there's there's kind of like pucker brush over here between this and the next house but but no right along the house there's a clear path that you can walk around yeah so you'd be on the right side of that picture so if there is pucker brush or something
yeah which has a tendency to grow and who is going to be the owner of this house well I'm the owner of it now but I'm going to sell it to somebody new when I'm done conu I think that could be I'm just
thinking to keep a easy Clear Flow if something happens and this starts to grow and fill in that it would have to be cleared and maybe not right to the property line but maybe cuz you got what 10 ft 10 ft to the property line and
it's mostly clear right now but then there's about another 35 ft or 40 ft to the next House's yard and that's all brush so so I mean we could put a condition in there if we decide is going to keep 5 to 7 feet clear or it has to be whoever owns it
owns it maintain correct thanks so you don't it doesn't CU you use the term it's clear now yeah right you know in 10 years it could be growing up against the house true so you know
that's something whoever owns it you you put a condition on the the variant request or whatever and they have to follow that okay so it be around the building Mr chairman or not just in the back cuz when the people get out are
they going to stay on their proper property or you see what I'm saying is that you you'd want to keep it cleared so they could stay on their own property well I mean if it's an emergency I mean if he owns 10 ft here y you say it's
going to be clear for 6 feet yeah boom down it's on his on their property right they're not going to exist the Pro's house scale I was saying they would not exit to the pran property they would
stay right along side or go back and come out on the other side of the house depending what the issue is if it's a fire where's the fire so you're going to go away from the fire so they really
have two ways of erress right and I'm just asking are you looking to keep that cleared not just in the back but so they could move I mean someone could put up a fence there right on their property you
wouldn't be able to Mr en if I may the um the path of getting out on that side would be all on the same parcel there's enough room on that side of the house to have it be on the same parcel so it wouldn't be yeah you're showing 10 ft
that's yep it's 10 ft so it would be the neighbor's land it would be the house that goes the land that goes 10 right yeah okay continue if you wish um I I think that's I think that's
the whole thing okay so hoping you would I'll consider that questions there was no representatives of the city here tonight so there will be no questions and responses from the individuals uh I'll ask my board my
board members if you have any questions or comments or I mean if you feel you want to go see the property you can state that I've actually gone okay and the hill behind
it is steep steep and the side where he's proposing to put the emergency exits is the flatter side okay those the HS I think agree with that it it's the uh probably the
most logical place for it yes it doesn't need a variant but um you know it's for safety to get the occupants out of there right um you know the less stairs they have to converse the better they
are so that's my side of things y I agree I think it'd be the fastest exit and and safest where you have slope someone might be tripping and falling to get up there you this is this is the classic
you know o to the topography in the shape of the lot that that's correct so really what we're looking at is we get rear set back relief yes and then for the twoe Gres and I'm familiar with this property
if can go up the back as you talked is this Flo there's a house and I grew up on the house across the peab street from that house yes you know the very brush I'm talking about then so I mean we used the
playthrough here all the time it was it was uphill every day when you went home huh but it was great if you wanted to throw apples at the cars you're admitting to a lot okay so so You' heard so so you've
heard that that rumor not not that you did it oh no the kids told me that okay before us then we have you know the two egresses and the rear setback those are the issues before us I
think uh Mr charer has done a great job of outlining this uh depicting it in his pictures uh it's got the adequate space to move on this and even though I mean it's got setback but it's a pretty large
backyard I it is has a street a significant slope but there's still plenty of space back there once you cross the property line I think probably in the spring once the trees come back I think the folks up on PE Street will never even be able to see
this so it's it's the least impactful place in the neighborhood though which lead you into is there anybody member of the audience that wants to oh I'll get there too okay okay so are there any abutters who'd like to speak speak in favor of
this application no one to speak any the abutters who oppose this application any AB buts who opposed no opposition any interested parties who
would speak like to speak regarding this application any interested parties would like to speak in this app regarding this application no one to speak so we're ready to vote if we're comfortable or any questions are you going to have the
condition about clearing okay well really his clearing only has to be my opinion on the about the right hand side of the house you know and I'm sure in
the back you know for the E there where they come down just y it don't it between that retaining wall in the house I don't think it's paved but it's almost like a side why I mean it's just there's nothing growing there it's wide open so um could I ask a question about that
before you vote on it then Mr chairman um would that be a deed restriction or would it just be a condition of this decision so the new owner would have a copy of the decision forever and ever amen it's a condition or does it go to the deed I don't care either way I just
want to understand it well really what I what happens is we put as a condition in our decision that decision has to go to the registry ad D and be recorded okay so it is recorded So it becomes part of the package do I have to record it or does
the city of gardener record it you have you do okay your a dime yeah okay yeah your dime your dollar yeah okay board members last chance you have any questions or comments do I hear a motion to move
motion to move and approve the rear setback any e veres requested second okay are you I have't heard the condition the actual motion so I
would make a motion that we approve this based on the Topography of the land with a condition that he maintains a clear pathway around the building for safe erress I agree and I would say
on the uh right hand side that that pathway be at least 6 ft wide because you got 10 ft and pcka brush so okay y okay so you understand the condition pathway around the house but on the
right hand side that pathway has to be at least 6 ft from the house to the property line I understand yeah okay okay all those in favor all those opposed no opposition any extensions no
extensions variance request approved thank you um is this a 20-day appeal period once you get the decision okay it doesn't start tomorrow starts whenever I get we have 14 days to
write it I see okay and you will get a decision we try not to last for 14 days we try to do them quicker sure but the decision will be timestamped okay that's when your 20 days start okay thank you
all for your time have another go thank you Mr Char okay the next case before for the board I'm sorry 20231 of
varant from Mr Roy po 68 Road paral id M 32- 21-6 to build a single family home with dimensional
relief so Mr cin agent or attorney uh or engineer I'm Trevor Fletcher I'm the engineer on the project with grz engineering uh do you all have copies of everything sent we do I have an 11 by 17 I'm not sure if you got that
as well site all right [Applause] so this case was uh previously before the board uh I'm sure you guys uh remember it very well kind of gone back
and forth between the zba and the Conservation Commission and um due to a a house or an existing trailer with that was within the 60ft no build Zone that conservation requires um was torn down and when we uh went to propose a new
dwelling roughly in the same area they uh instructed us that in no way shape or form that structure could be be within their 60ft no build so uh we had to come up with a couple not really a compromise but uh a plan showing an L-shaped house
uh to stay out of their 60t uh no disturb which uh you know created some uh uh setback infringements that uh for zoning uh which we needed a variance from and uh we discussed it a few times with the other ones but I it was decided
that uh the application had changed in nature so a new application needed to be sub Ed so although this is a new application you guys have definitely seen it before um so like I said the uh the proposed building is going to stay out of the 60ft no disturb Zone uh we
had to design the house to uh be parallel with the the rightand property line at 8 ft which is uh pretty much exactly right where the uh the corner of the old uh trailer uh was uh so there's no increase in encroachment on that side
however the front of the building is uh proposed 15.5 ft away from the parallel section of the RightWay that follows aadia Road uh the weird thing about this lot um being slid all the way to the right is Glenn Road breaks off of aadia
Road in that section and the RightWay actually takes an angle in um into the lot so from that front property line we're only 4.9 ft away from that RightWay line although we're getting no closer to the pavement so in reality it doesn't look any worse um it just is on
uh on paper due to the nature of the rightaway lines um the dimensions of the structure are provided on the uh the bottom left hand side of the uh of the plot plan the the 8 and half by 11 plot plan uh it's approximately 34 ft by 32
ft with you know a 14x 16 patio creating that L shape um so we Tred to keep it as small as possible with you know being functional and um um and so this is what we came up with and we're just seeking some relief on the the zoning variances
or the zoning setbacks just to uh to make it happen Okay thank you uh before I ask a question if any of you have a question or comment right now yes um on the no build Zone
uh you can uh put in the proposed concrete p patio and the driveway and that's okay to put that in the no build Zone it's only the building cor correct I believe they uh have multiple definitions of like a structure or
building but a patio or a driveway does not fall into that c so you couldn't put a shed uh they might have an exception just for like smaller sheds I'm not uh I haven't researched in a while but uh some some regulations say you could put
like a 10 x10 up to 120 square ft sometimes um but yeah I'm not aware of any uh within the no build Zone correct but yeah I'm not sure if that's the case in Gardner or not but yeah if any applicant decides to do that you've got to go to the conservation correct yeah anything
within the 100 foot uh buffer of the well and needs to go through the commission y okay okay I attended the Conservation Commission meeting to hear how it was going to go down and the
actually accepted this plan so they're good with conservation okay I do have one question because at the last meeting and that's where we said you had to file a new application but part of the discussion was since
four four and a few inches to the abing property 4.9 we asked if Mr Cen and had spoken with his abutter and the answer I believe was no and we asked if he would you know contact the
butter and let him know what was going to happen and did he have a major issue for it against it because it is a significant infri infringement on the Sid setb so my question is was the
neighbor or but contacted I I did not personally contact him but the notice did go up in the mail and I believe the butter on that side is here tonight that is that gentleman right there correct and I just want to point it's a
4.9 front uh front set back infringement due to the right away being side is the side is 4.9 is right here this is 8T yeah correct yeah and the 8 foot is roughly roughly where that trailer was the corner of it okay so I'm just jump
ahead instead of any of Butters I'm going to ask you sir first if you state your name and address Rob Road and your opinion or do you have any issues what's going to happen what are you talking about from
my property line to Hiser line from the construction of his house you can come up here so we can show you yeah I just want to make sure all the rules properly taken care of and in compliance with
the I'll let the engineer explain where the set back my property my property all right I I'll show you quickly um what we're talking about so this dash line right here coming over here and over like this this nice narrow
long rectangle that's right here see the dash line it's a little lighter where my finger's going Trev correct me if I'm wrong this is going in virtually the same place as the old trailer was correct so the right side of the old trailer is right where the right
side of this building is going to be so as far as the side setback to your uh dwelling it's going to be no more uh encroaching on that side setback however because we had to stay out of this 60t no disturb Zone from the Wetland back here we had to slide the the whole
dwelling up closer to the road so this was the front of the uh the trailer right here as I'm pointing and now the the house is going to be right here so the the vast or pretty much the only more uh encroaching thing is the front setback the building setbacks right here
are what is required by uh by Gardener but the old structure had already imposed on that so we're not getting any worse on that side but we are getting worse coming up FR where's my property line here your property line is right here and that's I think your shed's a
little bit over the property line here and so and then this is the fence I came down and surveyed it so here's my property line right here yep yeah and that's that fence the XXX that's your the the fence between proper properties right right so how what's the
distance here 8 ft 8 ft yep okay okay S I could ask you what's it going to use for a driveway uh driveway is going to be over here on the left side and it's going to just kind of pull it I believe it's probably going be dirt P I decide
material my question to you is how far is your house structure from the property line my house from the property line there probably I'd say it looks roughly
between you know 15 15 15 ft roughly no I don't think it's that high I think it's uh I don't know I want to say between 8 and 10 from my house to the fence line and my fence line goes right down
the property uh you know survey he even told me I did a good job but you know like I said I don't have any problems this guy came he bought the property he wants to build the house yep I just want to make sure
that it doesn't mess with any of the wetlands all back I want to make sure that it's put there the way the town wants it to be M and it follows the rules of the town and I think Mr compan has done an outstanding job to comply
with the requirements of okay zoning yeah yeah conservation and I think uh cuz it's a pretty challenging lot of how you're going to put this together and instead of just moving forward forward he's
literally dotted all the eyes and crossed the tees to get here today this is what we want he's been put through the ringer I've been here since 1987 and I love my town you know and I want things to be right here and conservation made sure that the wetlands were
protected yeah correct I mean we've got a beautiful book back there nice something we'd like to use more in know the the land back there but hey right you got to follow the rules exactly yeah and then after this I if we do vote in
favor once construction Starts Now it becomes to a perview of the Building Commissioner and making sure setbacks are met right and everything else in the engineers they'll stay I'm not here to break anybody back I'm just here to listen see what was going on and we're
happy you were here and see you know what is going to happen well it's important to have you here because you'll miss the copy and has chatted with his neighbor yet and we wouldn't know what your opinion was if you weren't here tonight so I mean you're
validating that we were hoping there'd be no infringement on your property that you were two feet from your property line so you're confirming that he's done everything he needs to do well you're telling me that he's done everything he
need to do he has nobody is contacting me it's like there's gentlemen right here hey how you doing nice to see you well we made sure that you received the notice in the mail I never got this is the only thing that I got
yeah that's the notice is that it that's the notice that's the notice you're okay Mar you can breathe bre easy you're okay you're good eyes bugged out of her head and she almost passed out okay well we
appreciate your comments and being open and like I said I think Mr coffin has done everything possible to comply with any law I think we met show it must have been one of my co my colleagues yeah I'm I'm the the I'm the
guy next door that loves to talk I talk to everybody you know what that's a good thing my wife says to me why don't you run for the miror garden you know everybody every turn I take I got somebody yelling hey I like to talk
well thank you for your time and selling us thank you sir I appreciate your time and uh whatever your decision may be uh we'll see thank you okay thank you thank you thank you very much thank you thank you thank you are there any interested
parties who would like to speak either for or against this application uh there is no one else in the audience so there's no comments so actually I'm going to move on a motion all right
I move I 100% sorry okay I need to take a nap any conditions or anything at this point no I I don't have any and any conditions that were affecting conservation they take care of that they do okay so we're looking at approving
the re varant request for S well setback Dimensions uh front and side yard so all those in favor I I I opposed no opposition any extensions
none variance approved you two can breathe now too thank you well I can see the faces were turning red so I couldn't keep going I had to let him speak you all set Mr C in like you heard
me earlier we we have 14 days to write this okay you will receive a Tim stamp docent at that point marel will send them out and then you have to take the document to the registry of deeds yeah
have it recorded on your deed yeah and as Mr Ang said earlier it's on your dime yeah so similar to what we did with the conservation correct correct yeah exactly same same location same location so then after that once it's all recorded and everything you can go back
to the Building Commissioner and start seeking the building permits you need to go forward thank you all very much for your time oh thank you I'm glad it it worked out in your favor so you have a good night thank you
no more drawing of plants no da give me the blue folder please it's in the blue folder take TR for signatures right now Mario do you want these back you may be able to reuse them oh I
reuse the binder right right yeah okay there's nothing else in need signature just Mr corette when he returns uh any comments or new business or anything we don't have anything well you be speaking
oh I have one one thing it's from uh Christine attorney tree and I'll just read when the talot decision was written
um it was noted that there were some errors in terms of Lot number name spell spelling of names M uh book and Page was not quite right and if you went back to the original documents it wasn't exactly
what was in the decision okay so attorney tree found it picked it up let us know Conta Mariela Mariela has made all the changes to match with and has to be so what I'm going to ask for is a vote to accept the modification of
decision that was written uh to bring it into to compliance compliance because the big issue is if this law is ever sold in the future yeah the been a problem because now they're going to argue that's not the same law right I would make a motion
to accept the modifications to that decision decision second okay any discussion all those in favor all opposed no opposition no withdrawals
Corrections approved and going forward so there's nothing else before the board tonight uh do I hear a motion to adjourn you probably hear four of them motion to adjourn second second any discussion no
discussion all in favor I I oppose no opposition