It being a little after 7 p.m., let's open the the December 3rd, 2025 Kingston Zoning Board of Appeals. Can I get a second? >> Second. >> Second. >> All in favor? Hi. >> Hi. >> All right. First on the agenda is
Mr. Katigan of 35 East A. Uh Mr. Mullen. You want to >> A public hearing will be held at the town hall 267 Green Street, room 200 on Wednesday, December 3rd, 2025 at 7:05 p.m. Applicant John B. Catigan 35 East A
map 49 lot 146 seeks a special permit to demolish and rebuild on the same footprint uh with a deck to the home to a pre-existing non-conforming dwelling. Proposed plan does not meet 4.2.8.4.
A 10.4B 3.4 four compliance Kingston bylaw. >> All right. Um, whoever's going to speak, please move up there. Name, who you are, address.
>> Yeah. Make sure you >> Oh, no. You have to be on the mic. Sorry. >> I'm Dick Rockwood. My company's Rock >> Green light in front of you. >> Yes. >> All right. >> Yep. I'm Dick Rockwood. My company is Rockwood Design. Uh, it's an architectural firm and I've done the drawings for Dr. Katigan here.
>> Okay. Uh Dr. Katigan's been at this uh property for over 30 years and uh it it it needed uh some uh 10 to 11 care and attention. So we uh had started uh to enlarge the second floor of this house
and um the reason we're here is the lot is not conforming and there we're nonconforming on the left side of this house. uh shy by about two feet three feet on the left side from the uh setback. So we started as a
renovation. We've already done gone to conservation uh with our foundation everything all approved by them and sort of at the last minute we decided that we were renovating so much and the foundation was a little iffy and wet that we wanted to rebuild. Same house um
same same size. So, we've enlarged the second floor a little bit and added the room on the back. Um, so the reason we are here is because we were already to get a permit and at the last minute we had been formed by Mr. Armstrong the day
before he was I think retired for the third time perhaps, right? and uh that because we were taking it down uh including the foundation that we had to come to the board and uh so uh if you
have any questions about the size of the location uh >> did he call this a retreat lot? Did he call this a retreat lot at all? I I g I guess it is by the term, but I I don't I didn't have any discussion with him about
>> Yeah, we don't have a building here to to help me out with that. >> A retreat lot is usually when you don't have the frontage in the front and it's >> Yeah, I mean being that you're you're putting on the same footprint, but you're adding you're adding this addition on this is what 11 by19, >> right? >> Um so would did you go back to Cons
after you decided to raise everything in the >> We've already done that with them. They actually uh we went to Concom. They said, you know, just in case you want to take that uh house down with the foundation because we've had this happen before and this is before we were
actually even thinking about it. They said, "Would you show give us a a plan?" So, we showed them with the we're doing helicals on the back of that addition >> and they saw that they saw >> they saw it and approved it. They actually had us come back uh two weeks later with the updated plan and they said, "Let's just do it so we're
covered." So, we're all done with that. >> So, you have a letter from them because I'm gonna I'm >> I have nothing tonight. Okay. I'm gonna request that you put that in the file. >> But it's but it's all done. >> Okay. So, Conscom came through. Um, how many bedrooms?
>> I believe it's four bedrooms. >> Four bedrooms. You have a betterment for four bedrooms. Uh um >> I'm not sure how uh and you have the plans in front of you. I don't have them with me on the second floor here, but I
believe we had we have four bedroom. Yeah, we had one downstairs and the three upstairs. >> So my concern there is [clears throat] if if sewer would even would allow you to have that. So you have to have you'd have to buy more flow. >> Okay. So that's something we would deal
with at the time of the permit. >> U you're dealing with it now because you you can't move forward without sewer commissioning being okay with you having four bedrooms. >> Okay. Then if it's a threebedroom and it can only be a threebedroom, it'll be a threebedroom. >> Would make that adjustment. It's nothing had been brought up to us
about that. Well, you could I mean if he has two betterments or even even going forward I know they're I think they're taking new people to to >> we are taking new people. >> Yes. So you could buy the flow. >> Yes. >> Um >> some of these older properties were
grandfathered in. If they had a threebedroom you could add one more for four. So I'll just have to check the >> She's a lady to talk to by the way on that. >> Excellent. Okay. Um we'll just put that as condition. um whether you buy >> to make sure that we >> have the flow. >> Have the flow. Okay.
>> Cuz if we give it to you and then they shut you down, you're going to say, "Well, I built it." And they're going to say, "Well, you ain't getting the flow." So, >> got it. Okay. First time that's been brought up. So, >> um four bedroomedroom you have, you must have enough parking for everything down there. >> Yes.
>> What is it? 21,000 square ft. The >> parcel I believe so. >> Half an acre. Yes. Um, so you got parking for four. Is there a garage? I didn't see a garage. Is it all outdoor parking? Sorry, I should be
asking him. Is it outdoor parking? Is there a garage? >> It's all outdoor parking. There's no garage. >> And there's plenty of room. >> Yes. >> For four easily. >> Easily. >> Easily. Like that answer. Uh I don't have much. Um so you're
basically your your biggest problem is the left side of your house basically the north side >> the 13.1. Yes. >> And then you're encroaching back which doesn't really affect any setback.
And how much Bob? >> Uh no I have I have nothing. So the the land that's adjacent to you facing the water, that's part of your land, too. >> I'm sorry. The land in front of me. >> Yeah. >> That's all the
>> Okay. Cuz that used to be a house there years ago. They tore it down. >> Uh there was a just to the left of it. There was a house. >> Yeah. Okay. That was a long time ago. >> Yeah. >> Um No, I have nothing. Kevin,
>> as far as the you're going to add a deck on on the second floor. >> No, it's like a windows walk. It looks like >> there's a deck on on the second floor. Yes. Off of that addition, >> but the addition will walk.
>> And the addition is that the 19 by >> Correct. Correct. >> Okay. All right. Um, so that would be closest towards the water. >> Yes. >> Okay.
All right. No, that was all I had. >> Marsha. >> Um, not >> currently the lot is the lot is currently non-conforming. >> Correct. And because it is >> it does not have the frontage on the
counter approved road. >> What about it has the minimum square footage? >> I I believe it does. Yes. >> I I'm sorry. I didn't know what I can't tell. What zoning is it? R >> R 20 >> 20. >> Yeah, they have over 20,000 square feet. >> Okay.
>> He has 213. I'm just surprised they didn't call it retreat law, but I guess I guess it wouldn't be because it would be rid of it in a different way. >> And uh so it just um it's the structure that's really not conforming because it doesn't conform to the setbacks. Is that
>> correct? Okay. >> On the left side. >> And will your addition in any way exacerbate that? >> Not at all. It's in the middle of the whole lot. >> To say it's just going to stay the same. >> Correct.
>> Correct. Right. Uh what about will your addition uh increase the nonconformance of the any other setbacks in the R20 zone? >> No, >> no, just that one side.
>> That one corner. >> Okay, that one corner. Great. Um >> and we're doing sort of that farmhouse look. So that one corner comes up with a little 4ft knee wall. >> Okay. >> Where right now it's sort of a cape. So it's it's minuscule. >> I saw that. Yeah.
>> Uh I'm just trying to conservation said okay and I just so I understand the chronology. It sounds like you made some improvements and then you just decided we had to stop. >> No, we were going to improve the house.
>> Right. >> Or did you make them and stop? The house was actually built where the corners of the house are cinder block, CMU block, and a lot of the walls and there's cracking. So, we were intending, which
was okay, we were intending to take it down to the first floor deck and build it. Plus, it was low ceilings and, you know, do a 9 foot ceiling and so on. And then realizing we're doing all that, then we really questioned the foundation.
It was also CMU block and you know cracks here and there. >> Thank you for that. I just couldn't figure out did you make all those improvements and then realized bad idea. [laughter] >> We did on paper and then we decided no, we can do it as a new new project.
>> Thank you for that clarification. I have no other questions, >> Dave. >> Um, no. I don't I I I think it's pretty straightforward to be honest with you. I don't have any questions. I mean, you're 13 ft off the property line and you're
supposed to be what, 15? >> Correct. >> Correct. >> And that's really the only issue, right? >> On that corner on the angle. >> It was non-conforming to begin with. Anyway, >> so that's that's that's your only other than the fact that it doesn't have the frontage. >> Correct. Those >> been an existing house for 30 years. >> Yep.
>> It's never had the frontage and it's only 2 feet off the right shore of the 50. >> That's why we're here. And >> you're not you're not infringing on that any more than N. So I don't see any. >> So is the closest neighbor you >> do you own the parcel where the where the infringement is or the where the 13
ft is or no? >> Okay. I didn't know if that was that was you. >> So whose whose parcel is your closest to there? The 13. >> So actually the parcel is 35 rear is right.
35 East is the closest part is the one on that corner right there >> that is the parcel it's their property that that 13 >> Yeah, there's a house at 4916 and a house at 4917. [snorts]
>> Yeah, I I I will only thing I would like to do is condition of put make get that letter from conservation so we can put it in our file. Yes. >> It says that this most recent file as of this is the newest one. 52025. That's the mo most recent one you did.
>> I'm sorry. >> The most recent one you did was five. This is the most recent plot plan. >> Yes. >> All right. Yeah. Just so that conservation says, "A just that should be an easy letter. Just put it right in the file." >> Yeah. I have a fullsize copy if you want that for your file >> from conservation
>> of the uh No. I mean I'm saying of the site plan. >> No, no, no, no, no. Um actually the conditional conservation already been filed correct. I can get that. >> Yeah. Yeah. Just just so we could give it to her. It goes right in there. >> And then um >> I guess we condition it as a
threebedroom. We'll take out the the bottom bedroom unless you go to I guess I'll ask the board if we put it as a condition with a a slide rule. If they >> get sewer or sign off on it, right? >> Says you're okay for a fourbedroom, so be it. Or we buy an ext.
Are you on sewer now? >> He has to be. >> Look. >> Okay. I just I see this leeching pit detail. >> That's for drainage. For roof drainage. >> Okay. Thank you. >> And that was conservation. >> That's just conservation requires that. Okay. So, that is one of the conditions
of this reaching pit that's depicted on your new site plan. >> Yes. >> Correct. >> Correct. Are you okay with those conditions? I'm ask the board too. >> Yeah. Okay. >> Absolutely. Make sense? >> Yes. >> All right. Um, someone make a motion to
approve the special permit. >> I make a motion to approve, >> Mr. Chair. >> Oh, sorry. Sorry. Yes, you're right. Sorry. >> What? >> Uh, anyone from the public? Sorry. See? >> Yes, sir. >> Go ahead. You're on zoning. Go ahead. I mean, you're on >> Zoom. Sorry. Um, yes. I I just uh I
don't want to down name, please. >> Pine. Just say your name real quick. Pine Dubis with Jones River Wershed Association dealing with flooding at our promises on Lamping Road. Um, and I I I did read the order conditions from the Conservation Commission where this was
not um a replacement of the of the basement foundation, which I think is a good idea. I have no problem with any of what is being proposed but for the fact that there's been no acknowledgment that there is that they are adjacent to the
existing uh land subject to coastal storm flowage. Um and that sea level is rising and will rise precipitously for the next 10 years or so. Um and you're going to have water in your basement. So, I hope you're putting uh sump pumps
down there, and I hope that you will have a place to put that water just like you have roof drains over there, and I just want to be sure that the doctor um has what he needs. I don't think this was considered at the conservation commission because you didn't they
didn't deal with, you know, a a redo of the basement or anything. So, I'm just trying to be helpful to both the zoning board because I think we're going to be dealing with this more and more and that we have to figure out a way to do it practically and efficiently and in a way
that saves lives and property. So, I just would like um the the architect and the homeowner to appreciate and understand, and I'm sure he does because if he's lived there for 30 years, he certainly has seen the t the uh tides of
2018 like we did when we were sitting in water at the landing. So, um uh that's really all I want to say. I feel like the zoning board has to um take some significant townwide actions that will address this on coastal properties um
that will enable us to build and plan better uh for [snorts] the safety of everyone and including the environment. That's it. Thanks. >> Thank you. Fine. Noted. Noted. >> Noted. >> Thank you. Anyone else in the public
that I may have forgotten? There's no one else on Zoom. No. >> That being said, Bob, do you want to make your motion? >> Yeah. I make a motion to approve uh the property at 26 Green Street for the proposed addition
>> with the conditions >> with the condition. Yep. that um they have proof from the sewer department that there's a additional flow for the fourth bedroom >> and and for >> and for the last >> and for the letter the letter from
conservation to be included into the file. >> Very good. Can I get this? >> Did he say 35 east? >> 35 east rear. >> I thought you said 36 totally 35 east. I said I did. My bad.
>> He read the public area. [laughter] >> This place is getting an addition. Got to check our sewer, too. >> Um, that being said, can I get a second? >> Take two. I'll do it again. >> Second. >> Second. All in favor? >> I. >> Very good. Um, you have your appeal
period, which you know, um, 21 days, and then just get it down there stamped as soon as you can. Once you get the two letters in there, um, talk to her about sewer, but you might get a pleasant surprise for all I know and just throw that
letter in there. She obviously she will and get it stamped and you're off to the races and then you at then you can get your um should be able to get your permit for foundation at your own at your own peril if someone does appeal it. >> So, right. Very good. >> I know I I'm familiar with the zone with
the appeal period at dual water zoning. um we most likely would not have a problem uh at our own risk to start the demo and do >> I would I would assume so. >> Yeah. Okay. >> I mean how foundation in there? You know, >> I know in some of the towns some of them
say they won't do anything until the appeal period and some of them say you can start at your own risk. So >> yeah, this is probably the only maybe second or third one I've ever had a raising, but the other one was like one was on fire and the other one was decrepit. So this is a liveable house. So I don't I don't know the answer to it
completely. I I understand there's not necessarily a basis for someone to repeal, but you know, it's so >> All right. Thank you guys. >> All right, Alison. Thank you very much. >> Good luck. >> Congratulations. >> Thank you. If you want to go downstairs
and call >> whatever you want to do, it's fine. >> Excellent. >> Oh, wow. That was great. Anyone [laughter] on a second? >> Second. >> All in favor?
>> I. Thank you.