Good evening everybody. This meeting is being televised by area 58. Present tonight is David Fry, myself, Kazaya, Gerald Joy, and Mrs. Amadi. And uh
in order to to have uh to vote on this, we would have to have five five people, but if we have four, we'd have to have four in the affirmative to pass on on
we're waiting for another person to show up. Well, we can uh proceed with Mville read the petition ZBA 25- >> 14.
>> The Halifax zoning board of appeals will hold a public hearing on Monday, February 9th, 2026 at 7 p.m. at the board of selectman meeting room in Halifax Town Hall, 499 Plymouth Street, Halifax, Mass. on the application
submitted by Lawrence Sylvia to raise an existing structure and construct a new single family home with an attached garage set to be located at 59 Paradise Lane, Halifax, Mass 02338.
As shown on the assesses map 53 lot 13 book 45380 page 29 property is zone residential. The board of appeals will consider variances andor special permits from the following
sections of the zoning bylaws and any additional zoning relief the board deems necessary. 167-11 table of dimen dimensional and density regulations for the town of Halifax requiring a variance of the rear yard
setback requirement from 40 ft to 23.4 and a side entrance set a sideyard setback from 30 ft to 24.3 ft petition uh CBA 25-14. Who's here to speak for the application?
I'm just going to pass these out. Introduce myself. >> All right. So, good evening members of Hound Zoning Board. My name is uh Michael Edwards. I am a registered professional civil engineer for civil engineering associates and I'm here representing um Mr. Nick Bikas
and um present proposed site plan for a site improvement and effective upgrade. The existing lot is approximately 14,000 square ft and is served by municipal water and an on-site sewage disposal system. And um the existing dwelling is
currently derik and um the existing dwelling footprint lies within both the side and rear setback. You can see that that's in red. The existing dwelling on the left with two views an existing view proposed view. This is the existing
dwelling here. Um the right is the proposed dwelling in this position no closer to the property line. the existing structure and the total lot coverage will remain below the maximum allowable 25%. And due to the limited lot size, a
reasonably sized dwelling cannot be constructed in full compliance with the required setbacks which is 40 here, 30 here, 30 here. And um in my professional opinion, the improvements proposed significantly improve the existing lot aesthetically
and environmentally. Therefore, we are seeking relief for the side in her setback and I'll open up to any questions, comments, concerns. >> So, you're going to tear the whole You're going to tear the house down? >> Yeah. >> And stop. >> This one here is going to be raised and
this one proposed. >> Mhm. >> Can you hear that so we can see it some? >> Sure. thing they had to print. >> I don't have it. >> So, you said the previous one was 14 um
100 >> 1400 ft or >> the entire the lot size is 14,000 ft. >> 14,000 ft. >> So, the zoning requirement is uh 25% maximum building coverage and we don't meet that threshold. Okay.
>> I believe that would put it at 3500. We're at 23 2,000. So, it's still 1,500 less. >> How big of a structure is that we put on the lot? >> So, 2,000 square ft.
>> How many stories? >> Um, there's an architectural I believe it's one story, mostly one story. And then in the center, >> this is kind of a view for a puppet. like a stone facade.
>> Grab a mouse and then I can put it on. >> So that's the existing one. >> There you go. >> So here's the from the street view from looking at the street. There's a one car garage on the right. Um there's one story one story and then the center
there's like a you see here like a guest room overlooking and then a deck in the rear. So, one story and then just a guest room up top in the center. And >> and aesthetically with this with this stone facade too, it matches the, you
know, the abuing dwellings and such. So, it'll fit nicely. >> I'm trying to figure out this season. I just can't see like which one to go to. >> Bottom one.
>> I just got new glasses. >> It's okay. I forgot mine. This is the problem tonight. I think it it's the third one down. >> Oh, >> that's a design plan. And then >> there we go. >> Yeah. Then second architectural plan.
>> And if you're looking at the property to the right, how close does it come to the other? >> So that one is within the setbacks. So maybe easier to zoom in here. >> He can't be here. >> You can touch it too.
>> Okay. So these are the zoning requirements here. So the sideyard is 30 ft. So if you look at this existing house here, >> we don't meet it on this side, but we do meet it on this side. And that's the same situation that we have here. It's a little further away here.
Um it's no closer than it is on this side. So this side, the minimum side set back is 30. We have it here. We're 33.3. This side we don't have it. We're 23.1. But it's more per way than this side, which is 22.2. So we're no closer on this side. No closer in the rear.
Everywhere else we're good. We need zoning. >> So there's no variance needed. >> Pretty much it's existing non-conforming. We're not getting no closer. But >> when we went with the building department, they basically said >> and there's a garage going on this way. >> And where's where's the uh
>> the garage? Where's the garage going? >> The garage is going right here to the right. >> Going to continue with the shaded driveway or >> uh No, they're working with the um the butter. You guys have the letter from the >> one of the questions. We still have to go through conservation. Um we're not at
construction phase yet. We just want to make sure that we're allowed to build this thing. But they're in contact with her. Um we're not going to start any construction until that's addressed. And we can't stop construction until it's approved through conservation. We've got this. So, um, this is just the initial phase, but yeah, that's definitely going
to be addressed. >> So, the garage is one story, the center. >> Excuse me, miss. >> I'm sorry. I'm so sorry. >> We have you have to go through the board first. We'll let us discuss it first, then we'll >> Sure. >> We'll get it to you at the um Now, you
got to you have to go through conservation before. >> Yes. >> Any members of the board have anything to say? What's the uh size of the existing home that's on the the property? >> It's just over 1,000 square feet. I
think it's like,34, >> right? So, this this lot is still unsized lot to begin with. >> Yeah. >> All those houses right there on that side on that street is undersized lots. >> Yeah.
I'm just going to I'm going to throw. Can he build that there? More a bigger house than 1,000 square feet. >> I thought it was only one and a half times the size. >> 25 25%. >> When you're rebuilding, I thought that
the zoning regulation was it couldn't be more than one and a half times the size. Didn't we have that issue on Lake Street? I thought they did, but I I thought you you had to remain within this the size of >> the footprints >> the footprint of the original because
it's the lot size is 40,000 ft from home. >> Yeah. >> A home. >> So you're taking down the lot is still on the size as far as so if you're going to build something on it, I don't think you can build anything bigger than the house that's already there.
So even though the maximum build the law coverage under zoning bylaws says is 25%. >> But I think that's that's on a 40,000t mark. >> Okay. >> Now you're putting the garage on it. That's going to increase the size of the building.
>> You'd be better off separating the garage. >> Put the garage on the other side. Do a different >> a detach. You want to go get a zoning book? >> What's that? >> You want me to go get a zoning book? Would you would you mind? >> I was trying to look it up on here.
Be right back. >> The house is going to be long 15 >> 1500 ft². >> The house itself excluding the garage or with the garage? >> With the garage. >> It's about 2,000. >> 2,000 ft. And you got 1,700.
>> Your lot is 14,000 square ft >> total. What? >> The total lot? >> Yeah. >> Is 14,000? 14,000. Can't we can't vote on it until the >> conservation of it? >> Yeah.
>> Nonforming structure. Is that what we're considering this? >> What's that? >> Is this a non-conforming structure? Right. Because >> Okay. May not be altered in the cost of such alterations exceed 50%. That's where I'm getting that market value.
restoration cannot exceed by more than 50%. >> But he's not restoring. >> Well, he is restoring because he's building a new house. >> What's the definition of restoring? >> Restoration. That's what I'm telling you. So, if it's building a new one, it's not restoration anymore,
>> right? We're basically replacing a house that's in inhabitable, you know, an eyesore. >> Yeah, >> it should be condemned. >> It should be condemned. We're completely >> across the street. I mean, you should see it. Anything that he would do would be a blessing. >> Yeah. >> And this is a huge expense for the
client, too, to upgrade this lot. We'd like to have a house, you know, that's not >> Believe me, I I agree with you. You know, the thing that we have to do just to iron out >> what the zoning is. You know, >> we don't we don't want to put ourselves in in a correct position. We don't
>> absolutely if that's another variance we need to request to go that route. >> Yeah. >> But again, it cannot go under. >> We won't be able to vote on it anyway until we you go fast through conservation and all that stuff. Then >> well, at least it'll be good to get these, you know, issues addressed and
then start process. >> So, it's not happen like not there's nobody right now. All right. So it says a non-informing use which has been abandoned or discontinued for more than 2 years shall be reestablished. Any future use shall be in conformity with
the provisions of this chapter. >> Right. So that's why we're asking for relief because we can't the hardship of the law. >> Yeah. >> Mine's just a lot smaller. >> It's got to be more than 50%
no near to the straight line. We're on the second one, right? >> No, the T one. >> And it definitely can't have a shared driveway. >> No, we're not a shared driveway. We're removing the shared driveway. >> And the height has to be >> The height has to be as built before and
after. The height cannot change >> which I can change. I think he's okay. >> The height will have to be the same height as this building right now. >> Yeah, >> because he had this before. >> I saw that. >> That's me. If I had if I had say I have to be back.
>> Yeah, but this is this is abandoned. >> Yeah, because this is abandoned. No one lives there. >> No one lives there. Right. >> Correct. >> But this is still locked. Yeah. >> Can you meet the height of this building? >> Yeah, we do. Currently, it's no more
than two stories. >> Mhm. >> Yeah. >> Can't be any greater than the height of this one right here. >> Correct. So uh 50% will put you under the 700 additional 700
because right now it's uh 1,100 to say square ft. >> Uh the existing dwelling is 1100. So it's going to be no more than 50% then 18 going to be yeah 18. Is it closer to the street? >> Mhm.
>> Is it closer to the street? >> It's closer to the street, but still within the front setback. >> We're just looking for the relief for the the left side and rear. All other setbacks are are >> Thank you. >> which is the same as where it is now.
So, no new no new setback um is is introduced with our development. It's anything it's improving. >> I feel like conservation is definitely going to be worried about the setback from the water more. on the street. >> Well, like we said, yeah. >> So, >> yeah, we're we're moving it further away
from what's there. >> Consider that. >> Okay. >> I think I is that part of the thing that you'll be working on. >> We definitely gone over this. So, we had so many
going to be a total bill. They didn't work on you. >> No. >> So, we have to do it again. >> Sh. >> But in this day and age, you cannot ask people to live in the 15,000
500 square ft. Yeah. So, if you have a land, why if you have a land, what can you >> What else? So what what is what do we need to what do we need to provide because I don't it
feels like existing dwelling derelict abandoned um we're improving the site we're not encroaching the south back any more than what it is and it's not we're putting a a threetory bit was mentioned on it size it's still a 2T house >> I don't think you can be at 200 you got
to be one and a half times what it is now >> okay so >> so is that >> even if there's existing buildings along that street there's Oh, I think I'm >> Yeah, that zoning is one and a half times what you bought. >> Okay, >> cuz you're already on a non-conforming lot, >> right?
>> It's like your garage making a little bit bigger. >> So, what about if you take the garage out of it? So, >> can I speak? >> Go ahead. >> So, doesn't matter whether it's closer to the street or not. It's not allowed to be increased more than 50%. Period.
Mhm. >> as it can't be any the the the addition can't be any closer to the street. So the additional space can't be pushing towards the street. >> The it's pretty clear on restoration is
50%. The abandonment at the 2-year point is the issue >> which is like a hairy situation because it makes it almost impossible to rebuild, right? I would say it's a restoration. It's a
restoration because >> again in my opinion they could fix the house that's there. >> It's a restoration. >> They would be allowed to increase the space by 50%. >> Mhm. >> So my opinion that's all it is.
If the house is,00 ft then you can add 550 square ft to it. garage not garage to the footprint period. So do what you want with the 1650 and that's just numbers. You got to
have an asbuilt done on the existing structure or measurements done by somebody. >> That's what we have now. >> Yeah, that's all. >> What is um >> it's pretty it's Yeah. >> What is the condition of the house? >> I drove by today. It's it's it's a
cottage. It's an older cottage. I mean, it's it's probably better than a cottage. Yeah. >> Is it Is it uh restorable or is it >> I didn't go in it. I wouldn't make that call. That would not be
>> um I visited the site. I did all the surveying. I drew it. It has an existing septic pit literally 20 ft from the lake. >> We're moving that. We're code compliant with the septic. We're moving it away from the lake. Mhm. >> Um we're we're not introducing any more
storm water pollutants. Um the grading scheme is relatively the same. It's going to be high in the front. We're actually shedding the driveway away from the lake. Um environmentally, it's a massive upgrade. >> Massive upgrade. >> Um and aesthetically for the neighbors
on what's there now. Um if any neighbor who's lives nearby can speak up, please do. It's not good. You can see in that picture, it's in my professional opinion a lot of work to be done to make that livable if even so. Financially, I can't
see it being worth it to save. And um the reason we're asking for this relief is justifying it. The lot is so small, the existing house is so small. Uh there' be a major upgrade.
Well, what I think we should do is, you know, do an on-site for this for this project. >> I agree. And uh right now we can't make a decision on it unless we go in there and see the onsite and get um
from the uh conservation and see where we end where we end up and uh what's the pleasures of it? >> Yeah, I think an onset is is is is quiet. >> We can't we can't looking at the pictures, >> right?
>> Unless you walk the property, see what's inside. I agree. >> Yeah. Can can we access go inside the house or >> Yeah. Do you own it? >> You own the land, you can access inside. >> Yes. >> Okay. So >> then we get we get a better idea of what you know >> for sure
>> like the building inspectors saying you know if it's a to if you can do a restoration instead of a tear down and rebuild then we have to take all that into consideration. >> This one was just purchased too. This one was just purchased in July. this one
here. >> Yeah. >> Mhm. >> So, it's not like it's just been like they knew what they were getting into and they purchased it. >> This is probably stuff that should have been done. >> But that doesn't mean I can purchase it. It doesn't mean >> But you don't but you have to know like
when you're as a real estate agent, I know that when someone's going to go buy a house, I do this upfront >> because I might not be able to let them rebuild something completely and that stalls sales a lot of times. But >> yeah, >> you can't just also buy something and be like, "All right, we're just we're in a cheap piece of land. We're going to
throw something huge on here." >> So, you have to like look at both of those items. >> Anybody want to make a motion to do an onsite? >> Make a motion. The young lady on the back. >> I live at 52 Paradise Lane directly across the street. That house has been
abandoned, neglected. When Beverly Gatsby lived there 10 years ago and passed away in the house, the roof was leaking at that point. I was her hospice person and they said, "Please don't let the roof leak on her any longer. She was living in there under like horrible conditions because she only lived on
like $500 a month from her social security." Then her son inherited the house when she passed and he kept putting lipstick on a pig. He did like nothing to it. It is horrible. It is not repairable. The electrical, the everything from top to bottom. It's been
leaking in there. There has been rodents in there. It's it's >> you got to understand we can't we can't >> I understand but you somewhat you you wanted to know what is it like when you go on your little tour there. >> Well, we can't get we can't come over here. We can't sit here and tell you, okay, you can do what you want. >> Oh, I understand.
>> We can't do that. We have to >> warning that the the house is everything. >> We'll uh we'll do an on-site we'll do an on-site inspection >> and we'll go from there. Next month we'll >> after conservation and what we see is going on then
>> we can uh make a decision >> and that's all we can we can do right now. >> Mhm. >> And anybody wants to make a motion for an on-site? >> I'll make a motion for an on-site at uh
55 oh 59 Paradise Lane. for uh let's see when's our next meeting >> in >> March. >> March. >> March 30th. So we would go on the 7th. >> Is that how we usually do it? Go the Saturday before.
>> The Saturday before. Yeah. >> It would be the 7th. >> So it' be Saturday the the 7th of March. >> Mhm. >> At uh 9 or 10. >> 9:00. >> 9:00. 10. I have a >> second nine.
You have a second. >> What on site? >> Yeah, we can get in there. >> Yes. >> And myself. Yes. We'll visit the site and we'll um get a
feedback on conservation. Then next next month we'll come back and we'll tell you what we found out. >> Okay. >> All right. That's the best we can do with that. >> Yeah. And as far as the definitions with regarding the site, minimal lot square
footage variances we can ask for, that's something that can also we can be updated on. >> We can we can give you an update on >> next. Thank you for your time. I see you at piano. I'm a totally tear downs is not feasibly
not acceptable. >> It is. >> They misunderstood that. >> So my my opinion is they could take down the structure and increase it by 50%. >> Uhhuh. >> And I would have no issue with that because the building code is looking for energy compliance, right? That's what
we're trying to do. And the house is old and >> the question becomes when you involve the word abandonment. So, it's a tough thing in Arizona. It's a very tough >> It was abandoned by the by the by the
owners. >> A long time. >> Uh-huh. >> 10 years ago. >> And it says that that a nonconforming use cannot that loses its non-conforming ability. >> They find that very difficult to take a residence away from a property owner, though.
>> And I think you would find that very difficult as well. >> Oh, you. So if they go down that abandonment road, then they're going to want to rebuild what's there, right? Because it's not an abandonment. >> So that's all that's the only So so they
misunderstood. I'm not saying that they can't rip it down. That's up to you guys, right? >> So go take a look at and see. >> Um the house is definitely to the left side of the lot and it could be centered more onto the lot. The garage is what puts it over the
square footage. You picked you picked right up on that. It's >> it's there's not an existing garage. So, the garage is a bone. >> Now, when they sold it, you said it was sold recently. >> Did they sell the house or just the plain property? >> I have no idea. >> Sold as a house with a house on it.
>> Yep. >> Yeah. >> So, you don't lose occupants. I mean, >> that's a very tough case. had someone before and they came and they bought a house that they knew was way too small and they're like, "Oh, we'll just make >> I understand that." And that's the issue that
>> um if you go down by the lake, you'll see some big monsters >> cuz they only way they got built was coming through this board, honestly. So, you have a rule. The rule says 50%. It's
not to take a cottage that's 500 square ft and build a 5,000 ft palace, >> right? That's not what the intention of it is. It's to keep it reasonable to the neighborhood, right? >> Because there's still 600 foot cottages
there and there is 3,000 ft houses with detached garage and there is there's no question. >> But to keep it in the calendar >> is the biggest thing, right? You have to look at the three things here a lot. You know, is there a topography issue? Is
there a soil condition? No. No, >> no, they can do. >> One thing that I will um mention to the board is when it does get decided, there's a well in the back and it says on the plan >> to abandon >> to be
abandoned or to be used as irrigation. You can't use it as irrigation. It needs to be abandoned and sealed with concrete correctly. It can't be an open hole to the aquifer. You can't leave that. That's not responsible. responsible
means is to go to D file >> file for it fill it in correctly and seal it. >> All right? Because when you make it an irrigation well now the kids get the garden hose and still drink the water out of the >> irrigation >> irrigation well not out of the right.
>> So just so you're aware >> now to uh if they can do a a restoration >> if they can they can it it's about the word abandonment. So, you need to you guys need to figure out how that's
addressed as far as your zoning. Um, >> or how would I >> resetting a little off base, but you know, 20 years ago, I did a house like that with small cottage and put a second floor. That's exactly what the building
official told me 20 years ago is make sure one wall is still standard >> rebuild for put a brand new foundation and when he came there was still six old studs in that wall but the whole house was brand new. It's a restoration.
I think the word abandonment in your um zoning is not the intention to take somebody out of their residence. I think the intention is if somebody has a business in a residential zone and abandons that, we want the business out
of the residential zone and we want it back to a residential zone by abandoning this. You you can't take it away and make it open space. Somebody just paid hundreds of thousands of dollars for that property, I'm sure. So that's where I would get away from
that word a little bit and I would go to restoration and um the whole key in my opinion is the 50%. And they were asking for 100. That's why I'm here. >> Yeah. Someone can't be more than the 50 >> if they have to separate out the garage
and do like a open freeze. >> But they they they then they need more then they need more um easement from you. They need more of a variance and and what's the reason for there's three criteria of a variance and
and you have to meet all three. I don't know how they're meeting them. So that's what they have to answer the question. How do you meet these three criteria and then go forward with that? He did answer two two of them. >> Mhm.
>> In his presentation. >> So all right. Well, restoration would be much better for the neighborhood and and the the whole development as far as we're standing sure. >> Yeah. Yeah. I mean, he still has to deal with all this because it's on the water. >> He hasn't even addressed that,
>> right? >> But we know it's can happen and it happens all the time. So, >> yep. >> Thank you. >> No problem. Thank you. can be at your zoning book too.
>> Thank you. >> Thank you. >> This is Oh, you got it. >> This is Yeah. Thank you. >> What's going on continuation? >> I don't even know that street. What's that?
>> The legs. Keep looking at the next door. >> Nobody here, right? >> No. >> Yeah, >> it's old, too. I don't know this originally in here cuz we don't have the original. >> They haven't filed.
>> We can't even do anything. >> We can't do anything on it. Yeah, you know, I can't do anything. >> It just kind of falls off the wayside then, right? Cuz there's no extensions or anything. >> You have to get it. >> Mhm. >> I don't know. I don't know when it was originally final because we had no
paper. >> We don't have anything. >> Danielle, are you on? I guess no. >> You want to move on to bills? Pay the bills. >> Minutes. You want to do the bills? Yeah, let's do the bills. >> Yep. >> Um, I'll make a motion to pay the bills.
Uh, we have two uh Express Newspaper ZBA25-14 59 Paradise Lane for $100 and Express Newspaper subscription renewal for $35. So, we have a total of $135.
Anybody want to make a motion to >> motion to pay the bills? >> Second. >> Second. All >> in favor? >> I >> I >> I believe Anybody want to approve the minutes of
November 10, 2025? I'll make a motion to approve the minutes. >> Second. >> All in favor? >> I I >> All right. Now we're minutes u
December 8th, 2025. >> Motion to December 2025. >> Second. >> Second. Yep. >> All in favor? >> I. >> All done. Motion to adjourn the meeting.
>> A second it put the motion. >> Did you put the motion? Okay. Second. >> Yay. >> Is this kind of like >> So >> that house >> March. Why can't they
>> put it back? >> The address is 59 lane. >> Huh? >> Why did it look like I had leaks? >> So, it's worth 50%. >> What constitutes for wood being abandoned? >> Nobody abandoned it to pay taxes on it. >> It was abandoned.
>> It was abandoned because nobody's living. >> Yeah. >> But to me, still paid taxes on it. But they But they just sold it. >> Exactly. Right. >> Cuz abandoned means somebody just left it and walked away and said ceiling.
>> Will the taxes paid on it? All that. >> So how could it be abandoned? >> It's not. >> No, I across the street from me. The bank took it all. It wasn't really abandoned because the bank owned it. Just nobody was living in it. It was in
disarray. It still is. I want to know how he's doing what he's doing over there. What do you think? >> No, I'm I'm the same way. You know, if the tax So
nobody can >> They want to demolish that house and put it >> 239. >> Same exact house in a little just a little bigger house. >> They can't >> They can't They can't do that. >> We can't render it useless either.
>> No, but we can't say it's a restoration. If we look at it, he wants to restore it, but he's got to keep something there somehow. >> All they have to do is keep one wall. >> They will still have to >> but in conservation, you know, obviously
they're just acceptation going >> because of the the water. >> And there was a there's a well there. >> Yeah. They they'll grab that too, I'm sure. >> Yeah. So, that's something I think they have to do.
>> There's no way in hell we can fix that up. >> Are there bigger homes down here? I'm sure there are. >> I don't know what they're doing. >> Restoration. Restoration. A lot more than >> Yeah. >> Putting a brand new one up. It will cost
more on the island. >> Usually they said it cost more to res. >> What do you think a restoration is more expensive than >> well some three >> I did a job man. That's why I asked him if he lost
>> about 6 years ago and time I'm literate when it comes to this uh it started out as a cottage
>> and from the cottage they took it apart and we added a foundation. way out there. But the town of Lun says you got to leave a wall. >> Got to leave one wall. >> Long as you leave a wall.
>> And they put a 5600 ft house on top of a cottage. >> Yeah, we don't have that. We have one and a half. >> So that's why I asked them, do you have to leave a wall when renovation? >> Not in how >> Tina, you know, you know what that lot
of land on what the house sold for? It sold for 3.85. >> 385. >> Okay. >> And that was on July 1st. 385. >> 385. >> But the house. >> So he's going to put 2,000 foot house on there. >> Demolish it.
>> How much a square foot? 300 bucks a square foot now. Oh, easy. Yeah. >> You can't that piece of property costing a new house for well over a million dollars. Yep. >> 600 to build a new one plus the 2 385
divided 400 in my book. That's a million bucks. >> Oh yeah. >> On Paradise Land for 14,000t block. >> I mean the house next to it was built by the guy that
>> the grill. Yeah. >> Yep. Okay. >> Oh, edge. >> Yeah. >> Anybody want to make a motion to adjourn? >> We did. I hear you.