e e e e e e e e e e
e e e e e e good evening it's being uh Wednesday March 5th uh 2025 a little after 7 pm let's open the Kingston zoning board of
appeals can I get a second second all in favor I I very good first thing on the agenda is a public hearing for Mr Vega 17 Shore Drive does anyone want to hear want to read the public
notice Kevin Bob or public hearing be held at Town Hall on 26 of Green Street room 200 on Wednesday March 5th 2025 at 7 p.m. applicant RAF vager excuse me if I didn't say that right 17 sh Drive map
38 lot 259 seeks a special permit per section 4.2 a mgl pre-existing non-conforming structure use new structure will not increase
nonconformity existing structure does not meet minimum setbacks or lot size per 4.5 B mgl mof from the zoning board of appeals thank you uh who's representing
you want up up to the mic just make sure there's a Green Dot hit push so you have a Green Dot on take it away good evening Mr chairman members of the board I am Philip Cronin the general contractor representing the beers here this
evening um Raymond Rafe vager more accurately is the uh proponent what we have here is the plan done by meril engineering that shows 17 Shore Drive um the existing footprint and the
proposed new footprint I would start by giving you a little background into the situation Mr via bought the property about a year ago now um is he lives at Pig Road
35 page which is directly behind it so he bought it because he didn't want a three-story building built next to his house the intent was to renovate the structure so we pulled a building permit with Mr Silver at the time we started
demo demolition found out that there was more rot than we understood it to be at the time the foundation was in complete disrepair for what there was and part of it didn't have any foundation and so after a lot of uh hand
ringing and thoughts and debate we decided it was best to rip it down and build a new one basically similar to the footprint that's there um you know the the building it's completely rotted in multiple different
areas you know it was under fairly uh abandoned for probably five or six years I mean the these guys could speak to that better but really it makes economic sense and common sense to rip it down and
build a new one couple questions it's a two-bedroom correct yes you got a better all set V good to go yes um did you uh you guys are putting a full basement in yes have you started it
or no so we started the renovation process no I mean the so the only reason I say the foundation is cuz a lot of houses over there run into ledge okay yeah there's a lot of ledge around there we had the name Rocky Nook yeah there's a couple houses and and I feel bad there's a couple houses down
the street I think on the corner of I think it's l and and uh sh drive that ran into a huge chunk of ledge and they actually had to come back in front of us magically and and uh and just try to like go around the ledge because they
started to blast it and they were like it's costing us more money than the whole house so we're were like yeah just shift shift what you have to shift to make the house work um so I just wanted to make you aware of that that that's a severe problem in that zone yeah yeah
yeah skip Chann uh yeah and Rocky hammered hammered for about a month out there um yes so I I see it the only only only question I have and cuz when I look at it and everything
seems to be fine it's two bedroom I think Dave is on there cuz I I'm trying to read it the square foot is what 5,889 is that right or 5,300 can you read that number on your on your plan says lot area 5.14 Acres or
5,889 is that correct 5889 can barely read it I'm just making sure that you guys maybe you can tell me since you're building it are you under 25% for the total building's footprint so the
building footprint is right about a, and 28 36 so it's counting the deck no so you have to count the deck if the deck's not covered I mean if it's it's still part yeah yeah it's still part of the it's still part of it
if not they wouldn't have to pull Bing permit right I'll reserve my comments that's fine um you're under 25,000 Square 25% I I don't know the number if you know the number off the top of your
head I think when you include the deck it gets close but I'd have to do the math for the calculator to be exact um the only reason I say it is if it's under 25% anything over it you're going into a variance the plan stated states that it
is under 25% I believe it is it says it's 23. 34% including the deck everything that's there that's what the plan says well that's why I'm asking the man who has a plan
so the house at 1,000 and 50 square feet is well below the it's less than 20% of the 5800 right so I assume that number includes the deck
and the deck is 12 by 28 it's shown us 12 x 28 I'm they would be happy to build it a less if that yeah I mean we can condition and say you have to be at 24999 ex% okay um I just know you triggers a variance if you go above we do not want
to trigger variants I can assure you very good I don't have much Kevin no it's just it's pretty close the uh the house itself it just changing the deck a little bit and and squaring the house off yeah would you add a k correct and
going from instead of you know 31.7 feet going to 36 feet and 28 fet instead of no I think it 33 it will um everybody's doing the same thing down there why not yeah needs to be done that house especially no it's one of the
last um Bob uh no I know the house know the area I have no no issues with it very good Mara um it is the house is it a pre-existing non-conforming single
family residence every house down there is yeah I'm asking are you testifying I'm asking yes it is how 20 I believe it is I'm not an attorney actually well I think that the um
correct the notice says that it is it's a preexist it's a pre-existing non-conforming single family residence do you know when it was [Music] built I do
not no okay a lot of those down there were cages yeah I thought it was in the 30s but I don't was it built before Kingston adopted its first set of zoning regulations in 1954 to knowledge yes so it pre-existing
it pre-existent zoning zoning in the town of Kingston correct okay um and you are not increasing the non-conformity is that correct of the single family
residential that's correct the non-conforming single family residents is that correct doesn't mean you'd have to put it exactly back the way it is well I mean no that is not I'm ask if you want to testify Paul I can Mr chairman feel free to do so I can I can
I can I can help the applicant all I want that's my job I can run I can run the show any way I want I can tell them that it's non-conforming because it's not going to fit 20,000 ft correct it's under 5,000 easy answer on the same time if you want to not keep it non-conforming the way it
is you can't change the footprint correct and you're not proposing to change the foot minint he have to yeah we're changing it a little bit yes in what way look at the plan I'm asking the applicant so Mr chair all the the notice say you are not
increasing the nonconformity that is my question are you increasing the nonconformity of this existing non-conforming single family
residence I don't believe so thank you are you aware that lawfully existing non single family non-conforming residences are
in if they want to alter their structure are entitled to a building permit as a matter of law if their proposed plans do not increase the non-conformity of the structure are you
aware of that so having built in this town and others for 45 years I can tell you I'm vaguely aware of that okay are you aware that we do have a building permit for this structure currently you do yes and
who issued that building permit Jason Silva okay and why are you here today then if you already have we want to rip it down and once you rip it down you run the risk of creating not being able to put back up the non-conformity so they have a renovation
permit you know I sir I mean you have the legal right it to reconstruct your existing single family non-conforming residents um pursuant to a building permit without risk uh that
you need to get a variance or anything else our zoning law bylaws unfortunately do not specify that you're entitled to those Pro protections we cannot as a zoning
board deny you the protections that you are guaranteed by law and I'm afraid that this board is doing that by mandating dating that you come here before us and ask for a special
permit I'm sure this board will give you the special permit that you're requesting but you shouldn't have had to come here you shouldn't you should get a building permit we should be doing that and I apologize to you for having to
come here and to go through this process appreciate I appreciate the sentiment thank you you have to talk up there you have to speak up there my name's Raymond V I go by Reef I bought the property at 17 sh drive I'm basically if one of you can explain that
to me so I can understand it a little better i' appreciate that this is something that's been going on for a while we have one member that believes that she's using case law for one piece of property in near the near the city of Boston to try to go over all of this to
try to basically blanket over all zoning that has a specific non-conformity now you know with due respect I'm prepared to speak for myself about what I'm trying to do I'm am not trying to blanket over every non-conforming structure and dwelling
and building in the town of Kings I am however trying to point out that single family and two family nonconforming residences in by state
law are entitled to protection I got to stop you there though unless and the Town Council agrees with me on this point I'm happy to provide you can't speak for Town councilor happy not but I will send you I am happy to provide you
with the information that you asked not speak for happy to provide you with the emails from Town Council verifying my position in this regard again I apologize to you I'm sorry to do this in a public hearing but I've been left no
alternative by this board right you're just wasting our time because I am I with I have been trying to be are you the building are you the Building Commissioner are you a building inspector I'm not I'm telling you that the building inspector should have issued the building inspector already
issued you a permit and when you and issued to what to renovate correct thank you yes so we he gave her gave him a permit to renovate again as I said I'm happy to provide you after the meeting with all of the information it'll do you well after if
you get your special permit that being said do you have anything constructive to help them for or against their special permit with respect Mr chairman I feel like what I have stated is constructive the fact
that you disagree with me uh you're entitled to that but I would appreciate that you treat me with a bit more respect at these public hearings the problem is that you decide to do your opinionating to a random random person
trying to come up and just get a special permit because he shouldn't have to get special permit selectman or take it to the state should take it up perhaps with the state or our select sorry for that
anyone for the well again did you have anything more to say about the actual project no other than he shouldn't have to appear before this board get four people to vote in favor of you anyone for the public for or against wants to
speak right David do you have anything to say that's the Building Commissioner members of the board thank you very much for hearing me um as you all are aware I'm the new Building Commissioner only enforcement officer
for the K while I have I have no way shap perform identifying as a lawyer I am an intelligent human being and I do understand the laws and the B laws as
I've read and understanding now miss Meg I I don't appreciate my judgment being put in front of this board and your discretion because I and my local inspector Paul
arstar reviewed this case we combined made a decision that based on the slight increase of the floor plan and the addition to the Deb that we felt that it did not meet the minimum requirements as
set forth in ins section four two of the of The Zing bylaws of the town of K I understand you're constantly citing the Alan case and I understand I've read that case and
I understand and I just I'm not I want to clarify that the process that went through the city of berkine can apply in some aspects here but it's I I want everybody
to understand that the butters alone of in this case were present at the open Forum like this in public meeting they spoke on their rights to address this uh the special program that was issued by
the zoning board of appeals in berine allowing the original res to alter their nonconforming structure okay they were denied the permit originally because they were going to be increasing their available floor area in their
building by by an over percentage of what the to so they had the zoning board the zoning board basically gave them the permit until somebody one of theirs and and spoke up about it asked
that they needed rather than just the zoning special permit they were granted the special permit somebody came in and tested it the Supreme Court held up the original special permit which is exactly what is happening here
okay in this case our bylaws under your discretion are flawed and I'm not disagreeing with and we have approached you as you have approached me multiple times and I documentation to you and to the members of this board with an opportunity to
make an alteration and to amend our byw we have not we haven't had a chance to do that and that has to be voted on in a town meeting okay now the reason that this process is going to continue on this is because it's been the process
that prior to me my predecessor and the predecessor before that Paul Armstrong who's been in the town for a long long time this has been the process if it's something that is nonconforming I I can't speak to the fact that we never the town never
amended by laws to 48 section 6 the section that you're referring to all I can speak to is the two points that are made in in several of your letters and stuff like that okay we have to go by
the bylaws that I have that are in my hand now they supposed to be black and white however there are areas of interpretation and the two lines that I would like to make you aware of is the simple fact
that if a property is looking to expand on something if it's within a reasonable uh if if is not substantially increasing the nonform okay or it is not
substantially detriment local neighborhood then yes I can make that determination as the permit granting Authority and I can grant permit in this both myself and Paul Armstrong reviewed this this file and we both were in
agreement that the slight increase to the property uh to the building structure to the size along with the deck was going to be cutting it close they do slightly decrease the nonconformity but they also increased the force so we made the determination
and from a zoning per standpoint we denied it based on 4.2 A5 non compliance to the setb could they have improved the building layout and been in Conformity of theog I believe they could have and at that point we
would have been able to issue the perm forth but the simple fact that we don't have a definition in the bylaws that defin what a reasonable increase or decrease of nonconformity meaning and further it's not my
responsibility to determine what is not what increasingly or substantially detrimental to the neighborhood that is why theard is available to make this decision thank you that's all I have to
say thank you thank you I thought that was uh perfect I think excuse me my only point in respon to David is that um I am not
advocating the case the balot case it is a case that is interpreted the provision of state law that affords pre-existing nonconforming single family and two
family residential structures the right to alter enlarge or reconstruct their properties but it's the law it has nothing to do with our zoning bylaws our
zoning bylaws do our flawed as noted by David because they do not contain that state protection that those structures are entitled to I'm advocating that we
respect and follow state law because our zoning bylaws are deficient that's my advocacy thank you that being said Thank you anything else
no anyone from the public on Zoom for against go ahead last one I agree there's a way that so there was there was a case that was presented to me by Paul Armstrong in the same
neighborhood he had approved a permit based on nonincreasing to nonconformity he he at the time approved the permit the permit was then denied because it became more detrimental to the neighborhood and
pressed in front of the board the board denied the permit and was the homeowner was forced to go through the process anyways for a special permit so until we can get the bylaws amended and the definitions of these terminologies defined clearly to give
the perit granting Authority any more strength and and ability to do this unfortunately this is going to be the process and I think that now it should be the board to make the decision on whether or not this case is going to be improved thank you Mr chairman thank you board thank
you that being said um anyone want to make a motion I make a motion to Grant no to approve approve the plans first of all you got to close it sorry make a motion to close the hearing oh go
ahead go ahead make a motion to close the hearing I make a motion to close the hearing can I get a second second all in favor I I I make a I make a proposal to accept the
special permit on Conformity for 17 should drive 17 yeah um as is a second second all in favor I I
Marsha I'm going to vote in favor of your addition although I don't think um thank you acting properly Maria thank you but I will Mar it's closed what the law should have given you without coming
here good luck we have minutes we'll be down for the C up when you get I'm going to stay for the minutes are you adjuring yourself I yes I am absenting myself you three
gentlemen more than capable take it easy be nice if we had members that could finish a whole meeting no kidding we've got to get we're on we're on TV yeah uh secretary we're still in meeting no
problem um can I get a motion to approve uh October 2nd um minutes yeah I I make a motion to approve the minutes from October 2nd can I a second I wasn't here you're not
there yeah where was yeah not at the top I was the only one but I I second my opinion oh yes Maria was there but she's not here whatever we'll we'll move it through with your a second all in favor very good cuz these minutes need to get
done um just a few typos uh my name's has an n in the N I'm not I on M you have it one way and then the other you are what's the board of members pres are you
present which one 1120 I believe so all right so we have to add him so end to mine add this to Mullen I didn't catch anything else actually I may not for this one I
don't know I foret if it was a kushman were you away 11:20 I I don't remember SI if my name's not there I probably I know I missed one all right let me and I was I was gone in uh J the end of
January no so you might have been there did you speak at all I think you were here for kushman okay yeah right here down below December 4th oh we're still on October this
is look it up if you get a chance just in case motion to uh accept 112 minutes with a few minor um modifications modifications thank you a second second all in favor
I anything else very good anybody out there we're please we're still looking for alternates as we still have one opening so anyone would like to join Kingston zoning board Pam who's Pam I don't thank you uh motion to
adjourn make a motion to adjourn can I get a second second all in favor I I for