##VIDEO ID:FKJa6X9r_6Q## good evening everyone okay who we got okay okay Sean me Jim okay we got three of us I know that um Michael's not GNA be to make it he called me earlier and said he was swamping with work um and Mike Heaton won't be here e okay let's hope okay Jim hunt Okay I mean Dan Hunt's here okay we got four we can do something if we have to all we need is four through the chair you're live on hcam TV thank you Bob [Music] excellent hope my wife's not watching I just finished eating a rack of [Music] ribs I had to dispose very quickly okay um we just need to see if uh somebody else shows up give it a couple minutes oh we get Co okay Arnold you here beautiful I don't know got looks like you got a new you got a new camera your your screen looks great today okay okay so we got uh got one two three four five there's five of us oh Mike deasio is here okay great so I'll open a minute I forgot my Spiel hold on Peter I'm glad you're here because I don't have my opening remarks and public hearing notice I mean not not the one to open it up I mean the one to open the meeting apologize everyone after the little amount of paperwork from last from the last meeting let me look for it and I'll email it to I need just a minute though uh but firstly I want to before we open the meeting I want to thank everybody for their um professionalism and Forum um it was a it was a very difficult meeting and um really it was it was went went better than I expected you know people coming out to speak were very professional and courious and and um I think we as a handled did quite well I apologize this is very unprofessional me I thought I had my [Music] whole 1500 miles from home so all right I just sent you the one I had that might be the older one you may have to just you know since they changed it out of it some of the stuff I don't think they oh yeah it is the older one but it's okay well as long as we open it with h with the okay um um May is Joo chairman of the board of appeals I'd like to open this board of appeals meetings at 7:03 p.m. here on October 23rd 2024 four um want to conf confirming member access is preliminary man um permit me to confirm that all members uh in persons anticipate on the agenda of present and can hear me Members when I call your name please respond in the affirmative um let's see Sean M John moer yes arold Cohen yes Dan Hunt here Jim Burton here Mike deasio here excellent staff um Aden yeah okay um good evening this open meeting of of the board of appeals is being conducted remotely um in order to mitigate transmission uh [Music] um let's see this meeting is uh being held entirely remotely and the public body Mees Provisions to adequate alternative means to ensure the interested members of public provided reasonable access to the deliberations of the meeting ensuring Public Access does not ensure public participation unless the participation is required by law this meeting will feature public comment for this meeting of the board of appeals is being conducted via Zoom is posted on the town's website identifying the public may join and and is also being broadcast on hcam through one of its many channels please note this meeting is being recorded that some attendees are participating by video conference accordingly Please be aware that may be able to see you and take care not to screen share your computer anything you broadcast may be captured by the recording all supporting materials have been provided by the members of this body and available on the town's website via the web meeting calendar unless otherwise noted the public is encouraged to follow along using the posted agenda unless I know it otherwise we now turning to the first item of the agenda before we do so permit me to cover some ground rules for Effective and clear context of our business and to assure accurate meeting minutes I will introduce each speaker on the agenda after they conclude the remarks the chair chair will invite board members to provide any comment questions or motions please hold until your name is called further please remember to mute your phone or computer when you're not speaking please remember to speak clearly in a way that helps generate accurate minutes for any response please wait till I give the yield the floor to you and state your name again before speak speaking if any members wish to to engage with each other please do so through the through me taking care not to identify yourself after members have spoken I will afford public comment first I will ask the members of the public who wish to speak to identify the names and addresses only I will make a list of those and once I have the the full list I will call in each and for two minutes for any comments each vote will be taken by a roll call vote now we'll go to the first agenda okay okay um we we're we're gonna be discussing board reorganization and the zoning advisory um vaison but let's wait till we have a vice chair and we have a full compliment of people I believe we have the uh review and adopt the minutes from September 25th as as everybody had a chance to review those minutes I was not at that meeting but I have reviewed the minutes and and I and I did speak to people about how how the meeting went and uh it it seems in order to me but does anybody have any changes to the draft that was submitted Bo wants to make a motion to accept the draft as written motion to accept as written second and a second any discussion on the motion hearing none Sean yes Jim yes Dan yes Arnold yes John yes and where are you oh Mike there you are you're in the bottom corner Iain I wasn't there okay and and I wasn't there but I will vote in the affirmative because it does uh it does link up with what what I saw and heard okay um future meeting dates uh is is everybody gonna be available for November 13 just want to make sure that everybody's gonna be there with me yeah I'll be there on the 13th excellent thank you thank you yeah um all right and then that's still what I'm really worried about this do we have anything for the 20th or the 11th we have um one for the 20th but it's not posted yet it's in I'm not sure it should make it as long as everything's complete that's it that's in right now okay all right great all right now we'll commit to public heing oh oh does anybody have the agenda up are we doing which one are we doing first are we doing 27 or 27 Hayden Row first yes okay the Town of hop board of appeals will hold a public hearing on Wednesday October 23rd 2024 at 7M to all persons interested in the application for a special perent into a variance filed by Judith and Thomas S 2017 Massachusetts the applicant seek relief from the zoning bylaws to construct the new deck does not meet the minimum SE re the property is shown assesses map u16 block 1 block 179 l0 the healing the hearing will be held remotely using the zoom meeting service for additional information please email zba o.gov call the department land use and planning and permitting at 50849 79745 or check the online meeting calendar and agenda for this meeting may. goov this legal notice is also posted to the Massachusetts newspapers public association mmpa website at massu noes. org John Cino Jaren clerk regarding 25008 let me back [Music] to okay Judith would you John I have to recuse myself because I'm an AB butter you always are buting people on the lake how many how big is your Lake on the lake oh this is Hayden this is haen R oh wait a minute you're right oh the other one's on the lake sorry oh okay sorry all right um uh okay so who's who's going to be representing uh this uh the Hayden row property uh that's Thomas and Judith Sullivan at 27 Hayden row we're we're online excellent could you please um describe what you want to be doing uh we're looking to put a second deck or extend an existing deck really or replace an existing deck we have a small uh doggy area that we've used for about 20 years since we moved here uh it was just a small um deck off the back of our house that went into a small doggy area it's fenced in um the the existing uh deck is getting to the point where it needs to be replaced and we we've they've been able to save up a little bit of money and and expand the deck a little bit so we're looking to just uh expand the deck uh to about I think it's 15 by 10 or something or nine um just so we can put a couple chairs out there and enjoy the nice you know Springs and Summers that we have up here and be able to sit outside um it is a two family so we we're on the second floor and it's a little bit difficult as we get older to uh get outside and enjoy the outdoors so we're looking to just put a small deck on the back replace the existing deck that's that's small and uh just put a small deck for my wife and I to enjoy the outdoors a little bit more okay all right does anybody have any of the board members have any questions for Thomas and Judith is that deck uh Mr chair is that deck a safety hasard looking at the picture it looks like it may have some some rot in there is that is that a safety issue as well the existing one not not yet the existing one I have uh we screwed some uh stair wealth Treads recently to the uh to the uh to the existing one it it is 20 plus years old at this point and um it could be in the next year or two could be something that it could be a safety but right now I don't believe it is than you okay he um Mr chair I have a question why just for my own curiosity and maybe everybody else's uh why do you need to what's the reason you need to get a special permit to do this uh that's what we were told by the town is there's the clearances and setbacks are off a little bit uh it would be within it's yeah it's changed since we moved in here um the fence the deck would still be within our fence line and our fence the doggy area fence is still well within our property line but the fence would not the deck would not not extend over the existing doggy area fence it would still remain in in inside of that doggy area yeah Arnold yeah it's the side set back yeah they changed since we moved in the first deck was approved and then they changed them so we we needed to I had a contractor my contractor went to go get the permit and he was told we had to go through this process so that's what we're doing here all right thank you anybody else have any questions for them okay I will open it up to the public are there any members of the public that wish to um voice an opinion on this it looks like Dave Roberts Mr chair uh oh Dave yes okay oh there's the hand up okay you moved you you were in the middle of the screen you went up to the upper left hand corner of mine sorry your Zoom hey so I'm I'm I'm there a buding neighbor on 29 I'm not really directly affected because I can't see the deck out my window but I'm the abutter and all of us here in downtown as uh I think it was Mike who recused himself will say none of our Lots conform to the current zoning standards for the town uh but I'm totally in favor of them being able to replace their existing deck and and from what I've seen it shouldn't affect anybody in the town except for them living in their house excellent yeah it's funny this might be a little it's a little off subject but um whoever we do pick as our um liaison to the to the um the Zach I would like them to look into um changing the lot size for the downtown I I tried getting it through about 10 or 15 years ago and uh it I was just a bad salesman because I I believe um at the time Elaine and I determined that about uh that well over 70% of the Lots in the downtown area do not conform to the 15,000 square feet that is required and if we reduce it to 8,000 square feet then 79 or 80% of the Lots will be conforming and people won't have to come to come to do this every time they want to fix it NE but we're going to look into that yeah it's even crazier we're we're we're kind of like we're we're the inside of a pie shakee we all have great big wide backyards but our front yards are tiny oh yeah no I know that I know that I woulded on I I owned a house at Grove Street so I know the downtown but I had a 15,000 square foot lot and mine was perfectly Square was anyway Tom absolutely has a nice big yard it's just out behind oh no I get it thank you right oh yeah yeah one one of the cool things about a little old town but anyway okay so um if there any other members of the public okay uh before I close it uh Judy and Thomas do you have anything else to uh to add no no Tom's been great during this whole process uh they've made it really easy for us and um we're just looking forward to continuing to live here and enjoy the time that's adena's that's adena's Department thank you Adena all right so um i' like a motion to uh close the public hearing CL okay Sean and Jim thank you very much now John I guess we get double double okay any discussions on the motion to close he none oh wa wait a minute who we get on the one let's see who's here we got um we got Jim we got Arnold we got Mike three I'm four um um and then we've got Dan and John and uh and Sean John took the last one John will you take this one sure okay thank you all right so John yes you can't count me I recuse myself oh right okay okay Dan Dan okay thank you thank you Mike I I always count you though because you always ask the best question okay sorry okay so Dan will you take this one also thank you very much okay so you get uh Jim Arnold John and myself okay great thank you okay so Jim how do you vote Yes Dan yes Arnold yes John yes and I vote in the affirmative also okay we bubble heing is closed any any discussion uh any any more questions for Thomas and Judith on this John to the chair um looking at page 23 of their presentation there's a nice little graphic which shows where the deck is going to be which is inside the current stairway so it doesn't impede anybody else so I have no issues with it that's that's where I I knew this I knew this you this is so great after the last after the last meeting it is so good to be back to our normal you know just granting people the kindness that that the town should give somebody because of the broad broad brush Strokes that we do when when we did when we did zonan originally and how much the town has changed since 1954 I wasn't even born yet okay but anyway um so with that let me um let me see what I can do to to facilate a u a finding um I move that the board of board of appeals ex accept and approve the findings that the grow alteration is um is exacer questions reg particularly okay the proposed alterations exacerbation of the pre-existing nonconformity requires special permit in order to alter the de from proposed condition the shape of the lot in question is a regular particularly narrow in the front of the lot the other applicable criteria and standards set forth in chapter 210 have been satisfied and the proposed change is not substantially more detrimental to I move that in the light of the findings the board of appeals approve the requested special permits pursuant to section 21019 and section 2101 28a of the Hop zoning bylaws second okay any discussion on the motion in the second hearing none John yes don't you have to do this in two steps one for the findings and then one for the you're you're I apolog this why because you usually make the you usually make the Motions you don't have you don't make me make the motions say Okay okay so um I like let's um let's vote on the findings if anybody if got it's an exacer pre-existing not conform requires in order to the deos condition the shape of the lot question is regular particularly narrow and all appliable criteria set fourth and through 10 of bylaws have been satisfied and the proposed change is not [Music] could I have a could I have a second on second okay any discussions on on the motion for the findings hearing none Jim yes Dan yes Arnold yes John yes and I vote in the affirmative also okay so your findings and and uh I'll read the decision I move that in light of the findings the board of appeals approve the request special section 21019 and section 2101 128a of the hot zoning byw now was there was there I don't have I had to close the window so I don't know the exact number of feet that we wanted to a lot them five feet they asked for 4.6 oh yeah so we always yes exactly okay okay so I accept that friendly Amendment there okay now did we get the second I'm sorry second okay excellent okay any discussion on the on the on on the motion hearing none Jim yes J yes Arnold yes John yes and I vote in affirmative also okay Tom and Judy you you've you've you've got it um please uh cont you some planning and they will give you all the all the specifics on what what goes next but um uh there is a 20-day hold on it just in case somebody does it so you do go ahead you are liable but um please check with them and they will they will give you okay thank you very much thank you thank you very much okay have a great night thank you thanks for coming thank you for the work you too by the way good luck good luck on your on construction project and thanks for making Hopkin a great place to live okay have a good night public hearing notice uh the town of Hopkin board of appeals will hold public hearing on Wednesday October 23rd 2024 7M to all persons interested in the application for special permit Andor variance V filed by Tyler D wolf 47 oakr Road hop Mass the applicant seeks relief from the zoning bot to replace an existing structure with the new single family dwelling that does not meet the minimum setback requirements and exceeds the maximum percentage of lock coverage allowed at 47 oakr Road op Mass the property is shown on assessors map r28 block 114 lot zero the healing hearing will be held remotely using the zoom meeting service for additional information please email zba opa.gov call the L perm at 50849 79745 or check the online meeting calendar and agenda at for this meeting at Hop hopkington ma.gov This legal notice is also posted at Massachusetts newspapers publish association mmpa website at massu noes. org joho Jared Clark regarding [Music] 25-10 okay oh Tyler there you are right there would you please uh just describe your project sure yeah I'm I'm Tyler DeWolf this is my wife Alyssa we both live at 47 oakers Road um just want to say thanks for everybody's time um we're gonna let we're gonna let George um present it hi can I share screen please absolutely is that working disabled disabled screen sharing we that here we go okay um this is is uh one part of the uh presentation it is the existing house on Oakhurst you can see that it's a fairly old house uh our records indicate it was built somewhere about 1951 according to a deed which transferred the property at that time and has the language of the building there on um you can see the grade along uh the front area the house driveway then there's a retaining wall just back a few feet from the front of the house and this lot DRS off significantly uh that's the basement of it and at the uh back of the house the walk out basement and then the land continues to slope down towards the lake um I also have another drawing like to put up this is the uh hot plan I think the this will tell you the whole story uh if we look at this we have a building setback line that would conform to the existing zoning we have a 45,000 square foot Zone requirement we're at 7,000 we have 150 foot requirement for Frontage we're at 60 um so this particular house uh is going to encroach on everything imagin except for the rear yard um we have a tabulation on the plan that shows those various um encroachments uh up in this corner here uh you can all go through that at some point in time but basically other than rear yard we're over on everything um it is a pre-existing non-conforming lot there have been a number of uh special permits issued in the area uh for sort of a thing there are large houses going up where these uh smaller houses are all being um found to be inadequate for today's lifestyle all that um we have worked diligently on this we had a telephone poll at one point we had ever Source move it for us the land to our North is um an open space parcel uh not owned by the town but it is an open space parcel um from the original subdivision owner unknown and it's for passage to the pond we do have houses uh adjacent to us and in the other um set of uh application uh documents we show a number of these houses up close to the street um zoning came in in 1954 according to our research and so this house was built before zoning um as I indicated the Topography is um very steep from about this point back and in order to develop this particular site any differently by pushing the house back we would have um tremendous grade issues coming back because basically at this point the house I mean the lot drops down about eight feet uh vertically walls supporting it so we think that this is a reasonable um approach to this we don't want to go too too far back so we've kept the house at 20 feet for um parking in front and then of course they'll go into the garage unless the kids have all their bikes in there so I'd be happy to respond to questions comments and or suggestions on this rather than laboring all the minutia of our petition well I I'd got to say uh Tyler said thank you very much I'm so glad to be back um doing stuff on the lake because we we do have like one a month on the lake and after what we just dealt with at our last meeting this is so refreshing to get back to this back to our usual one on the lake and one downtown is it's just great yeah because you know all the things all the things that you guys are just are describing are things every every house that we've that we've dealt with uh some of the members of the board that have been here with me for for several years will attest to that um every time a new house goes up this is exactly what Mr deasio probably has his his um uh list of questions that he normally ask because we we do this so often um but um I I'll let the the other members speak I'm just this is great never heard that before you you didn't come to our last meeting well does anybody have have any questions from Mr con uh through the chair uh noting that um there's a requirement to work with the Conservation Commission and you know looking at the pictures and you know there's a steep grade as you point out is what is the plan to manage that grade and drainage we do have this is outside our scope this is going to go the Conservation Commission but is for my own edification I'd like to know you know what how's that how's that's going to be managed uh we we obviously have to go through um conservation within 100 feet of the wetlands and uh basically the entire lot is Mr DeWolf from new viw has actually dealt with the Conservation Commission on this when they acquired the property they've made some improvements um there some problems that existed prior to their acquiring the property we're well aware of it we're working on grading plans and things of that nature so that we can maintain basically the grade that exists in that 41.5 feet along the back um and it's all open at this particular point in time there will be some clampings and things of that nature that are done there and he's done some work along the uh retaining wall that's right here and and some steps that go down into the lake so he has been active um engaged with the Conservation Commission over the last year or two thank you and then uh again through the chair just noting that uh northwest corner is is really pretty tight there at two feet um you know how do you how do you think you can can manage that is you know is that's that's a very tight tolerance you expect two feet to be the outside tolerance or the inside tolerance the outside tolerance great thank you but we have Engineers Builders and lawyers on in this on this board and Mr moer as you can tell is an engineer why I'm worried Mr chairman you got all three yeah and you know the way I look at that corner and um is is you know the open space that's right next to it and it's it will never be a buildable lot for since uh you know it's it's it's been open space now for um decades um actually the town should probably have I'll check John see see if can take it over for domain John you're breaking John you're breaking up oh sorry I I might have a bad uh internet connection um but anyway anybody else have any other any questions for um SP yeah I I have a real quick question uh Mr chair that side lot that is open space did I hear you correctly Mr Conor that there's no recorded ownership ship of that lot owners unknown yes we believe it was the original um subdivider I think Denine is that yeah yeah Denine it would be yeah Denine way back when yeah um and I'm just dedicated as passage to the pawn but there's been no transfer of it in any of the um um registry documents that I've traced down there was a question as to when the house was built so um I had to go back before 1965 was what the assessor had but we knew it was before that and then I think I had to prove to the town that it was pre um zoning of 1954 so I did go back in the registry of deeds quite a ways and um also looking at others in the area for the original subdivision uh and I never found anything that took that parcel anywhere yeah yeah I know I think from a notice standpoint all the abuts have been noticed the town's on notice pursuant to your application um I I litigated a case with a similar issue where it was unknown and then people came out but it doesn't appear to be you know if all the butters have been noticed in the town obviously is UN noticed through this application that was my question excellent question Sean just uh you know noting again this this piece of property taking a look at it and satellite it does look like there's some type of access a deck there so it's it's being utilized but doesn't appear as though the proposal would interfere with that access whatsoever that's correct yeah make sure that yeah okay John yes uh through the chair why isn't this [Music] um dwelling centered more in the property so you're not going so close to the um what is it North property line so that we can get access back there um in case of fire or whatever the the way I look at it is if there's one that they should be close to it's that one rather than rather than create an even more egregious one on the on the south side but they have they have 16 feet on the south side we do but we have to build retaining walls to get down there we do have some diagrams of how that's going to go when we trial with conservation and um there's going to be a couple of retaining walls one right along here and then another one along here and steps going down a little platform or a little landing and then more steps going down so that work there um with walls and Grading so that you can get easy um access down to the back was our thought process on encroach or encroaching up to that the property line and I believe um Tyler correct me if I'm wrong did you talk to the fire department about this uh no I haven't talked to the fire department my experiences we always try to make um access around buildings that are really easy for the fire department to deal with and this that sense well given you have retaining walls here it's not like they're going to bring apparatus down that down that side at all and um like I said going two feet to a property line that's I can't I've been on this board a long time I don't I can't remember ever giving uh side yard setback relief for that short you know that short a distance that means that whole wall has to be one hour rated and you can't have any well you can have Windows in the wall but um they'll have to be fire rated windows but know but again the way I see it is if that's if that's a completely open space then it's it's you know we look at we look at problems at the lake all the time you know the people with parking and and and having to put the house as as far back as they possibly can just to fit a car in the front of it and stuff it's it's it's definitely one of the toughest places to build a town the downtown is is is hard but lake is just fre [Music] awesome well I agree but somebody owns that property on the other side and who knows when they come forward and potentially want to want to build there um I just Sean John you you you said you litigated something like this before what happened yeah it was it was a RightWay this was in in Rhode Island so a little bit different but it was a RightWay similar where a developer had come in that space was left open for access to the water um but it was never um it was never properly deeded and one of the questions came up um after development that because it wasn't the proper parties weren't noticed right there was an issue so my concern is that are we providing the proper notice to an owner or potential owner but if there's nothing on record I don't know how the town has it taxed I don't know what the tax assessor says about that particular lot I mean presumably somebody has to be taxed on it right if it's not Town own property I I would assume um because the issue is and I and I I see Mike's Point if somebody comes you know five years down the road and says oh my God that's my property didn't notice me um there could potentially be you know an issue [Music] um but it's not a building a lot they'd still have to come to us to build building yeah they they would too right but what if what if it were encroaching if if they felt I don't know may I'm making something up but if it were encroaching on their property um I my concern when I looked at F first off when I looked at this originally I thought maybe uh maybe the applicants owned that property it my question was why isn't it common ownership but but it does go excuse me it does go to an issue of notice um and that that's my only that's my only concern has has nothing on it going back 70 years I don't know I probably tax on as and as a former Board of Select member uh you look at those things it's sort of like when we were looking at water meters and the leaking water you know replacing water you know replacing the water meters we could we could save 10 to 15% in water usage you know if we started looking at all the lots that uh have no ownership or or missing ownership we prob bringing some more taxes yeah just it's odd to me that it's that it's not it it's a separate lot but but that but the whole Lake Area the whole lake area is it's It's just tough you know when they had those postage stamps you know they gave people 50 by 50 feet you know and uh it's just crazy you know and then so so Mike you check me if I'm wrong or John you know but I believe that if somebody built on their 50 by 50 that they could go lot line to lot line and that our um that our setbacks do not uh don't work on that anymore and that's like the only place in town that that that that can happen if there was an original 50 by 5050 liot I have no knowledge of that John like that was one of the things I thinken told me that years ago was seriously lot was 50 by 50 Lots you could go Line to Line just thought it was strange I've never I haven't heard that in 20 [Music] years I'm looking at the gis um map lookup and when I look for an address on that or a tax bill it doesn't come up it's blank okay I was going to do that myself but I but I only have one computer with me here I didn't want to I'm using my phone and I'm surprised I can do yeah yeah last year last year I had three different three different screens going so that I could bounce back and forth and now I'm just working on one laptop it's slowing me down a little bit yeah I mean I I mean otherwise I I don't I don't share the same concern as Mike does relative to the two feet if in fact it's an open space right if it were the if it were open space dedicated open space I I don't think I'd have that same concern um if it if there is an owner and that owner was noticed and the owner didn't object I don't think I'd have a concern when the um Vice chair and I would were looking over the application as we're supposed to for each one we both said this same thing about the uh that that that two foot if it's um it be open space and that we just have to go with the we have to go with the information that we know at the time so if if we if at this time we don't know and it's owner unknown and we can go back 70 years that that's what we know at this time I will note that there's three other small Parcels more like uh strips going down to the lake from Oakhurst along that side to more southernly and one more Northerly it it's obviously a common scheme in my mind yeah through through the chair it's the same thing appear to be some consistency with these irregular lots that give access to the Waterfront I think I think that might brings up a good point but uh I think if I was in the neighborhood I'd defer to have that house located closer that o that unoccupied open space and it gives a little more breathing room to the neighbors towards the South that's the way I look at it there's there's actually we're not deliberating yet two houses to the South that actually look like they they almost overlap hey that's the leg unusual down in this area to your point Mr chairman about dealing with the information that we have I think seeing these other lots that are consistent with the what we're interpreting as open space right now uh that gives me some comfort uh to that tight set back okay N7 questions uh for uh M fers or the or Tyler okay I'm going to open it up to the public there any members of the public that wish to speak on this wow that wasn't that wasn't our last be was it that may have addressed my concern did you do last week pardon me what did you do last week uh it was a um a convenience store and a small gas station yeah and we had like aund people come up and speak we had two or three in favor and about a hundred that were not in favor imagine when the meeting went for three hours yeah because we we meetings at 10 o' no matter what this is why I like when we have something from downtown something from the lake because we know those yes there's other ones are a little tough and and the meetings continue to the 13th so just before you came on I just confirmed that all my board members were goingon to be by my side for that one as we get back into it on the 13th but um but we the public hearing is closed so it's only going to be new operations but anyway okay so uh there's no members from the public um motion close public hearing second we have a second okay we got a second beautiful thanks you guys okay uh any discussion of the motion to close the public hearing oh um Mr con could you stop sharing your screen for me so I can get all my members back up on ah thank you I got everybody back okay good all right uh now okay let's see who do who do we have on this one so we so um Mike are you back in on this yes okay my property doesn't reach all the way down to the lake hey I don't know hey you're a rich guy probably on lots of propert okay so so that's me Jim uh Arnold okay so John you were in on the last one uh Sean you got that one oh oh Dan you're in the v Dan you got this one okay all right Jim how do you vote Yes Dan how do you vote Yes Arnold yes Mike yes and I vote in affirmative also okay so we close the public hearing any any discussion or does somebody want to make a motion or you guys GNA leave it up to me again okay I will I will I will do the findings the proposed alteration is exacerbation the pre-existing nonconformity requires a special perment order to alter the deck to the proposed condition shape of the lot question is unique in the in the lot is undersized respect to the required zoning Dimensions the rear of the Property Services a shoreline of lake masok and the lot topography slop significantly downward to the front Frontage Road the applicable criteria and standards set forth in chapter 210 of the Z bylaws have been satisfied and the proposed changes not substantially more detrimental to that neighborhood I have a second on the findings second any discussion on the on the on the findings none Jim yes Dan yes Arnold yes Mike yes and I vote near from well okay so the findings and my decision I move that in light of the findings that the board of appeals approved the requested special govern pursu to 21019 and section 2101 1228a of the Hopkin zoning bylaws now let's give some numbers to this does any have it open I I I just I have my uh let's see are the existing which may I suggest as tabulated on the plan ah thank you very much thank you that makes it easier for me I really appreciate it because I can't open up that screen right now um okay so do I have a do I have a second second second okay any discussion on the motion in second you none Jim yes J yes what' you call yes yes yes and I'll vote in the affirmative also okay it passes excellent Tyler you're all set um there John you have to do the variance oh where's the I don't oh sh oh yeah there it is sorry uh okay one second uh I move that the light of the findings the board of appeals uh uh approves the variant do the findings sorry yeah separate findings for the variants yes thank you the shape of the Topography of the lot in question is unique and the the lot is significantly undersized respect to the required zoning Dimensions thank you John I appreciate that the rear of the property serves as a sh line of Lake maspar the Northwestern property line a but Town owned land and the topography sloped significantly downward from the front along Oaker road to the waterline limiting the poten the potential locations of the dwelling unit a literal enforcement of the provisions of 210 will result in a hardship to the applicant as the location and lock coverage of the dwelling is significantly limited by the shape and topography of the lot the desired relief may be granted without substantial detriment of the public good and the desired and number four the desired relief may be granted without substantially derogating from the intent or or purpose of chapter 210 of the zoning biogs I have a second on the findings or any or any uh any modifications there too or thereof hearing none uh Jim [Music] yes yes hold a second are you going to give it dimension I you're giving 10 feet you're giving 10 feet well I was going to give that the decision the set back receive no less than 20 feet blck coverage no more than 27.5% of the lot is that ulated in the plan yeah we nor we normally spell out the the amounts um well I have that in I was going to put that in the decision um but uh the setback of the street should be no less than 20 feet and the maximum lot coverage allowed should be no more than 27.5% of the lot and um and so we say no less than two feet from the the other lot line want I add that one no that's not part of the variance oh okay all right so now um so John would that work Gage findings yeah so it's written so that the um Dimensions that are being granted relief are in the decision as John as the chair said so the findings are just the um justification for the decision and then the decision spells out what the actual relief is okay can I have a second on the findings second second thank you any discussion on the motion hearing none Jim yes Dan yes Arnold yes Mike yes and I I vote in the affirmative also now for the decision I move that the light of the findings that the board of appeals approves the variance request and allow for reduction of the dimensional requirements of the resident Lakefront district for the property located at 47 OAS Road as specified below the setback from the street shall be no less than 20 feet and the maximum lock coverage allowed should be no more than 27.5% of the lot pursu into section 21046 and 2101 152a of the Hop zoning bylaws does anybody want to give me a second or any modification second okay we got a motion in a second any discussion on the motion none Jim yes Dan yes Arnold yes Mike yes and I vote in affirmative also Okay Tyler and Alyssa you got uh you got a big projecte good luck thanks you thanks thanks thanks for continuing to grow your family in the town we all it here and and I we know that you're going to continue to love it here also yeah thank you very much I was um I was born and raised in this town so I'm I'm excited to start my own family here so thank you all very much appreciate it hey God bless have a good be safe have a good night thank you thank you thank you good night okay everyone so um uh the next meeting is gonna be the real pain in the neck one so um let's uh let's let's do the reor let's to the reor until the easy one that comes up on the uh 20th and then hopefully we had everybody here we can work but all hands on deck for the next one I really appreciate everybody everybody coming possible as we got to discuss this this one [Music] and that being said um any anything else anybody want to bring up before I before I look for a motion to adjourn okay did I get a motion motion to close the public hearing I not the public hearing we already Clos the public hearing before close yes close to adjourn the meeting okay do we have a second second second okay any discussion the motion to close you got me oh gosh you guys this is great though this is oh this is such a relief my goodness God bless okay uh Jim how you vote Yes Dan yes arold yes John yes John yes Mike yes and I vote to close also everybody thank you so much Adena thank you very much John John really thank you for really appreciate it thanks for making it so easy for us Bob thanks for thanks for having us on hcam really appreciate it God bless everybody and I'll see you at the next meeting everyone good night