televised by area 58 and we're going to begin the meeting with the first thing is on the uh Carver Street the pool and um can we You have it. Anybody can show us.
You know how to walk that thing? I do. Caesar is doing it. Yeah. You want to work it? Okay. Tina, since you know what we're doing. Here we go. Sorry, we're really far away. It's kind
of laggy. I can read it. You want to read? I don't know what uh Oh, I just need I don't know what the number is for. Does your copy? No, we can read it right off the paper. Okay. It doesn't have the number on here
either, does it? Okay. Town of Halifax zoning board of appeals notice of public hearing. The Halifax Zoning Board of Appeals will hold the public hearing on Monday, October 6th, 2025 at 7 p.m. in the bottom
uh meeting room at Halifax Town Hall, 499 Plymouth Street, Halifax, Mass. on the application submitted by Lawrence McDonald to construct a 23 foot by 37 ft 851 square ft inground swimming pool set
to be located at 71 and 71A Street, Halifax, Mass 02338, as shown in the assessor's map. 71 lot 9A 36453 page 301. Property is zone agricultural
residential. Board of appeals will consider v various variances. A board of appeals will consider variances in our special permits from the following sections of the zoning
board bylaws. Uh, and any additional zoning relief the board deems necessary. 167-12G parenthesis 2 front lot line setback of
50 ft requested relief to 37 ft. 167-12G 4 side lot line setback of 10 ft requested relief to 5T. zoning petition ZBA 2510.
Okay. You want to tell us what you want to do? Yeah. So, we're just gonna So, the variance, it would have been an issue from the um from the road, but according to our surveyor after the house was built, the road got wided and that took
away the 50 foot buffer. So, now we're kind of in a pickle there. Um and we're just trying to as much space. We got field back. that's like non-negotiable. So, we just we don't want to we don't want to back like go further in the front of the house of the foundation.
So, like we still want to stay within that. But I mean the road got widened enough where like all the mater How much was the road widened? I thought he said I can look back. I thought he said at minimum six feet or more.
The road was widening that much. Yeah. Well, if you think about it because the house the house is only now 35t on the road. So it was obviously was in its setbacks when it was built. Okay. What is what is the hardship for
the inside lot line? Um well we're just trying to basically use as much space as we can because again like the legion fields there. Is that what this starts to roll away? Is that what this line is? The leeching field. Yeah. Yeah. So could you swing it in further this
way? Worst case scenario. Yeah. But we would definitely need the front um the bearings on the front. I have the same shape pool as well. I know you can. Well, we can maneuver it any way we want. Yeah, like our big thing is like we can even change we just want to know what
we're working with. Like surveyor can like put a final plan together, but we just want to know like what where we can know basically. Isn't this a fence? Yes. Yeah. I should be 50 ft from the front of my house. It's going up to the side of my
house. You know what I mean? So the I don't think you were conforming. I don't think you were conforming before because even if they widened it by six feet, you're only at 43. Yeah. I I don't I have to be the exact I know he said like at least six feet. When was the house built?
Uh 96. There was It was knocked down, rebuilt in 96 from what I understand. I bought it in 2008. When was the original house? It was like a small razor ranch. a small range, single wave ranch. Yeah.
So, I believe I have a probably predated the bylaws because the size of the lot is only 17,000, right? It's right here. Yeah. I mean, I was said 10 ft closer to the road from where it
is. Like the 50 foot is halfway through. Any way you can move the pool. So you stay we could rotate it like counterclockwise a little I mean five 5t away from the lot line that's kind of a little I mean the neighbor's okay with it but he's on
his way here. He said you can put it in my yard if you want. I don't care. We're not we're not we're not doing that. We just want to make sure that you're creating your own hardship by putting it at 5t 5t closer to the lot line.
Yeah. Any way you could do it so it will stay at 10 10 feet like we could potentially rotate it a little bit like counterclockwise. I think if you rotate this part then we could deal with this because the house is already right there.
Yeah, cuz I know like for like in the state like you can put a pull all the way to the front of the like so we're within you know we're within our boundaries there. Well anyway you can move it around so it won't be that close to the lot line. I think if he swings this this like this
whole end right here then this will bring come in close to the house to the house and that'll bring closer to the house and turn around. Yeah. Open the stairs to the left of the legion field a little bit. As long as as long your career in your own hardship and that's kind of hard for
us as a board that you know Yeah. you want to put it here and it's only 5 ft and that's not I think I think we can work with that. So I think either you saying that we would do this move or we still say 10 ft from this
side but closer to Yeah. But we'll move it close to the foundation. Yeah. If you can do the design and come back with us. Yeah. We'll have to do like the final drawing of the pool. Yeah. Have it done 10 ft away from the lot line.
Yeah. Like it specifies. And switch it around so you're not creating a hardship. you because this a variance is you're creating your own hotship. I can't do that. But this is what it is like
if his house is there it's there. If you want to continue it till next month we'll be more than happy to come you come again in front of the board for next month. Any any members of the board have anything? I feel the same way. I think you know we want to keep that 10 ft. Okay.
You know looking at the property line you it looks like it certainly can do it. Yeah, I mean I think the same size pool was kind of change the layout of it a little bit but there's no like as far as the buffer from the road like that's
there's no way we can go an inch further away and I don't think we have a problem with that. Yeah, because the Legion obviously like we can't that's that's that on that. Well, if you can design it and uh come back next month and try to see what you can uh
it's too late. It's too late to swim in it now. So, well, so do you need back next month for it again on a new design? Yeah, we'll we're going to discuss it among us. Yeah. What's that? We do sooner than that. We're going to try to we're going to continue it if you want to continue it and we're going to discuss it among
So, he's trying to get this in before the ground freezes. So he wants to know you can always, you know, you got another month and a half, two months before you can the ground freezes. Maybe maybe could be 80 tomorrow, could be 30 the
next day. Yeah. What's the biggest problem is we can't approve something unless we have it on a drawing. Okay. Because there's always hearay, no, I'll do this, I'll do that, and then we approve it and all of a sudden we get a drawing that is not correct. Okay? So, we have to have a drawing.
I hear what you're saying. That's going to tell us 10 ft. So, I'm not asking for another variance. I hear what you're saying. Okay. So, just cuz our surveyor was like Mhm. I not going to do the file until we get approval of what we can do. No, we need the we need what you want to put on that ground and we that's when we
decide that that's what it is going to be. Okay. But all right. So, basically all I'm asking is like we get that 10 ft away from the neighbor. We keep the set back on the road. The buck is the same there. Good to go. Yeah. Okay. What's the I would be okay with that.
I would be okay with the front buffer. Yeah. Being 37. I mean, as long as you're not 5t away from the long line. That's kind of like crazy. What are your thoughts? I think you'd be good. The 10 ft more comfortable. 37. The house is already 37. So, okay.
I think you'd be good. The lot size is small enough. So, that's a hardship as well. Yeah. Anybody want to make a motion to continue? Anybody from the audience want to speak? Anybody from the audience want to speak to this?
Make a motion to continue this to next month, November's meeting. Second. Trying to figure out the date, but you made a motion. Yeah. And you second it. Second it. Yeah. All in favor? Yes. Hi. Hi.
Come back next month with a with a right drawing and 10 ft away from the lot line and you're all set. You know, we'll we'll vote on it next month. Appreciate it. Thank you. Well, we go on to the next um
petition. That will be a petition ZBA2511. The Halifax Zoning Board of Appeals will hold the public hearing on Monday, October 6th, 2025 at 7 p.m. at the board
of select men's meeting room at Halifax Town Hall, 199 Plymouth Street, Halifax, Mass, on the application submitted by William Dyier, to construct a new single family home set to be located at 90 Redwood Drive,
Halifax, Mass 02338, as shown on the assessor's map 65, lot 12, book 49044, page 81. property is zoned agricultural residential. The board of appeals will
consider variances in our special permits from the following section of the zoning bylaws. Any additional zoning relief that the board determines necessary 167-8A continuation of a pre-existing
non-conforming use petition number ZBA 2511. Mr. Webby Joe Webbby Webbby Engineering and with me is William Dyier and uh Mr. Dyier has purchased the property at
90 Redwood and uh currently he purchased it from the estate of Paul Clarity. Uh this was the Clarity house right there. I shouldn't be touching the screen. That's okay. You can zoom in and out by touching it. It's touch screen. And the clarity has lived in this house
since 1999. Uh before him it was owned by the Wright family and uh the house was constructed in 1930 according to the assessor's record. Uh so what Mr. Dier would like to do is he would like to demolish that
existing house. It currently is not livable. It's 1930 full of its asbestous. It's just not liveable right now. So, what he would like to do is raise this building, demolish that building, and then build a proposed
house over in this area up here that would meet all of the setbacks. So, when when he went to the building inspector, because this is a pre-existing non-conforming lot, he suggested we come to uh to the board to
the ZVA to get a special permit to rebuild that house over here. Not that house, but Uh there was some questions uh at the building inspector that didn't have any furniture on the way that was approved
by by a planning board and it has 34 ft on Redwood Drive that was uh provided to him from Lawrence Hemorrhage when he built the mobile home states. And I have
the plans the plans for the mobile home states here with me showing how the rights used to k in there before the before the park was constructed. So so basically unless you need some more
you have any questions I guess. Where is the road going get to that house? It's Redwood Drive. show you what kind of happens. So, this was the the property prior to the building of this is a 1971 plan that
Lawrence Henri had prior to building the uh the mobile home. This was the right property at the time. Okay. sign access to the right property uh from Plymouth Street was by a roadway
or a driveway that went right like that. And that's on the original plans. And then what Mr. H did He allowed when he created the corros he created beachwood and redwood and
then this allowed the rights to have 34 ft of frontage. Now I know it's not a public road but it was a road that was created by so in my mind that's frontage. That's what he would have to do. There's access to it.
There's been there's been access to it since 1930. Uh further than that, we have been to the conservation commission. We do have an order of conditions to remove anything within the
100 ft. And this has already been approved by the board of health for septic system or four bedroom septic up in this area. And it's going to be the same footprint or bigger footprint. Uh we're really not decided that it's
about the same footprint. I would say that. Well, we have to know definitely what it is. You can't exceed the existing footprint. Yes, we know that. So, I think can't exceed the the existing footprint of that house. Of that house. Okay. We have to We can go up, right?
Yeah. Footprint. Do we know what the uh the footprint of that house is or No, we can certainly get Well, you haven't designed the house yet. No, we haven't designed the house. I can
give you the assessor's card on it. I can't read this. It's too small. You think none of us are going to be able to do much better? The size of the house must be long. So, when was the mobile park put in?
1971. Well, it was that's when it was approved and then it took a while. A couple years early. How long hasn't that house been lived in? I think it's 149 1498. Trying to see
that. Taxes are all paid up to date. It's so small. Sorry. Yeah, because it's base area is 1150 plus 340 for an upper story.
So currently you have uh 14.98 for square footage. Yeah. So I think what we were looking at was under 14 and your first floor is 1158. You going to have a twotory? One story.
It's the way to go. How large is the lot? huge 16 16 acres. And you said it was already non-conforming. Yeah, most of it's wet on also.
It used to be under 61B for a bar. Also used to be a crime that I remember. It's 16. Mhm. It's uh that's bigger than Oh, big enough
bigger than the size of the standard. I think my only question is the access to it. Is that why it's not even for me? Because it's only the 34T. Why? No. No. Why is it non-conforming? I'm not saying it's nonforming. building inspector to see.
I think it's because it's supposed to be 50t on it because it has you got you got 16 acres and it's all the house is all on upland. Yes. No wetlanding around it. I thought you needed 50 ft of frontage. Oh, there's wetlands around it, but not
where the house is going. No. Okay. For an estate law, you need 50. Okay. And you need I think it's five acres, but they need it. They're probably non-conforming. And that's why I'm thinking it's non-conforming is because of the frontage. But it's been existence since the 30s, right?
Yeah. We I thought that he should have been given a building from it, but that's not to me. I think he he's thinking it's the it's an estate law because you have such a small area to get in and that's a 50 foot frontage, not 34. Right. Yeah. But the state law says
minimum sh not Halifax. Yeah. effect is definitely in order for it to be true existing. What do you guys think? Interesting. Interesting.
Anyone from the audience has a question about this or I think come back with plans of exactly what's going to be built, right? Mhm. You'd have to come back with plans of exactly to come back with a building, you know, with the design of the building and all
that stuff showing the lot like as far as the distances. We we have to see that. Yeah. We I mean I know you say you're going to build the same same size lot, but we'd have to have from uh you know foundation to the lot line so we know what the
footage is. You already have that on there. But is that the footprint of what you're actually going to build? 84 ft to 125 from the wet ones.
This is the setback way within the setbacks. How close is the existing house to u conservation? It was like in it. So you're taking it out of that. You're taking it out of conservation closer to
conservation completely out. We have and putting it up putting it on the upland. Yeah. Yes. That's a benefit. Yeah, definitely. Yeah. Oh, so you're within the 50 foot right now. It's within.
Yeah. So, it's definitely a benefit moving it. Yeah. The conservation is no longer exists. Just tell us when you got to knock it down so we can be out of it. Yeah, I I personally don't see a problem. I don't see a problem.
No. Any more questions? Anybody want to make a motion to accept? So, so being four of us here tonight, you need all four for a yes, for a approval
versus if there were five here, you need four and you can have one no just so you're aware. So, we're going to have to have if for instance one of us says no, right, it's not approved.
But if you had a five member board, one says no, and four say yes, you're approved. So, you need all of us to say yes, which I think we all see a positive in it. Anybody want to make a motion?
I'll make a motion to approve uh ZVA 2511 as shown as long as the house is the same size as the existing house that's on the property. The same footprint. Same footprint. Yes. Second. Yeah. Jared.
Yes. Yes. and myself. Yes. Thank you very much. Thank you very much. You're welcome. Just provide us with the the the plans of the house and all that stuff so we can have it on record.
Y Thank you. Thank you. Have a good night. Thank you. Any other business? I don't know. Anybody want to make a motion to adjurnn? Motion to adjourn.
Second. All in favor? Yes. Yes. Any bills? We'll have to