WEBVTT

METADATA
Video-Count: 1
Video-1: youtube.com/watch?v=kLcgsJPm3I8

Part: 1

1
00:00:06.000 --> 00:00:23.119
Yeah, because you were an alternate John and we had an open. >> Didn't the didn't you get voted in by the select board? >> Yes. >> I don't even >> I wasn't at the meeting but >> switches on. >> They got they >> Oh, thank you. >> I've been waiting to hear whether I've been reappointed or not.

2
00:00:23.119 --> 00:00:39.280
>> You you I'm sure you did. >> Uh hello everyone. This is uh Thursday, June 18th, 2026 at 7:00 p.m. This is the uh Littleton Zoning Board of Appeals. We're in the Littleton Town Offices,

3
00:00:39.280 --> 00:00:56.160
Room 103 at 37 Shadic Street, Littleton. We have one scheduled hearing tonight, but we have 15 or 10 minutes of administrative work to get done first. So, the first thing on the agenda at 7:00 p.m. is the reading and approval of the minutes of

4
00:00:56.160 --> 00:01:13.040
the last meeting. And is there anyone who >> Yeah, I found some very >> wants to comment. >> I found some very unusual mistakes on the first big paragraph. >> Yeah. >> At the end, it's it says I was on town

5
00:01:13.040 --> 00:01:30.159
of Actton Planning Board. >> Yeah, >> that should be Littleton obviously. >> Got it. And then the beginning the number one and the next one it says um alternates from two to five. We we're say the town voted to increase the

6
00:01:30.159 --> 00:01:45.040
number from two to four and we want to go back to two not five, right? >> No, they increased to five. >> It was five. >> Yeah. And that's what I wanted them to reduce back to two. And then the second last the next to last row said it's I said it if for the

7
00:01:45.040 --> 00:02:01.119
vote necessary since the ZBA has two alternates. I don't really remember saying that. I'll leave it but I could take it out. >> Uh tell me where it was because it can come up >> the second sentence up. I asked if a vote was necessary to go to two alter. >> Yeah, I we just can take it out. It was

8
00:02:01.119 --> 00:02:16.720
>> I don't remember sitting there but that's >> super anyway. Okay. And then um the second page the in bold with a five member board. It's hard to say four yay and two nay. I thought it was five yays. >> There was five. >> I think it was five yays.

9
00:02:16.720 --> 00:02:31.760
>> It's hard because she's listening to a tape and we all talk at once. >> Right. >> She she did a very very good job. But I think we should tell her she doesn't have to get to this level of detail. This must have taken her hours. >> And also just above that, Tom, John,

10
00:02:31.760 --> 00:02:48.280
Cheryl, and Sherry. My name's not there. I should be there as well. The five of us. >> At least I know you read it. >> I tried to. That's all I had.

11
00:02:51.360 --> 00:03:07.360
>> I'm sorry. The last one I didn't catch yet. I write it and send it to her. Where was the last one you said? >> Just above the bold. I should be included there, too, since it's a five nothing vote. Oh, Tom, John, Cheryl,

12
00:03:07.360 --> 00:03:26.560
Rod, and Cheryl. >> Um, >> so under number five, um, Cheryl noted that volunteers needed to raise funds for the Littleton Scholarship Trust. I don't remember talking about the Littleton Scholarship

13
00:03:26.560 --> 00:03:41.840
Trust, but I wouldn't have said we needed volunteers for that. So, um, maybe just cut that line. >> That's fine. It's also superolous. Yes, this is I I thought the whole paragraph should be taken out just because it was

14
00:03:41.840 --> 00:04:03.040
filler of town news, but I don't mind it in either. So, I'll just take the second. >> Take that sentence out. I did note that we ratified that Cheryl, Cheryl, and John can sign bills, but I

15
00:04:03.040 --> 00:04:22.000
don't see that she sent that off to the uh to the finance committee or wherever it goes. So, I want her to send that off, please. And I don't see that a letter was written to the selectment asking them to reduce the number of alternates. and I'm going to ask her to send that off if no

16
00:04:22.000 --> 00:04:41.199
one has an objection. Okay, there was another one. It was moreformational than it was um actual minutes, but I wanted to This is the one

17
00:04:41.199 --> 00:04:57.440
I talked about generally the new zoning provisions that are coming down under the Mara Healey Affordable Homes Act. And I meant to talk about it in a general sense and maybe I gave you my personal views on it but I don't want it

18
00:04:57.440 --> 00:05:14.080
to be reflected that my views are the position of this board. Um so the two things were um the de merger or the demerging of lots and the other one was the ADUs.

19
00:05:14.080 --> 00:05:30.639
And I just want it to be made clear that our board is not taking a position on this, nor do we have the authority to do so under the authorities granted to us as a zoning board of appeals. >> We certainly have the authority to follow our town attorney's advice that

20
00:05:30.639 --> 00:05:46.560
ADU is means subservient and not separate ownership. I >> I just want to correct you for that statement this way. Your attorney did not render that advice in a general sense yet. He was

21
00:05:46.560 --> 00:06:01.919
responding to an email or a series of inquiries that one or two people gave him. You from this board and from planning board and this should not be taken out of context. Whatever his response was should be parited should be

22
00:06:01.919 --> 00:06:16.720
paired with the letter sent to him so people reading his response can see what it was responding to. That's the only thing I'm I'm not challenging anything you're saying. I'm just saying that he did not give his blanket advice that in

23
00:06:16.720 --> 00:06:35.280
all instances the ADU cannot be in separate ownership from the main dwelling. That wasn't asked of him yet. >> Um I disagree. I think it was asked of him and I do think that he said that by definition an ADU is an

24
00:06:35.280 --> 00:06:51.600
an a what's the first word? >> Accessory >> accessory dwelling unit. Yeah. >> And if it's a separate primary unit such as a condex, it is not an accessory. >> So I think that we can stick hang our

25
00:06:51.600 --> 00:07:09.199
hat on the definition of an accessory dwelling unit as by its name. So without belaboring the point, I would just caution this board that this board has not asked him to render that opinion in writing. And if you want that

26
00:07:09.199 --> 00:07:25.520
opinion, you should ask him of that and ask him if he will go on record as putting it in writing to the board. That's all. >> Okay. >> But I but I don't really think >> so. He answered my inquiry, but he didn't put it in writing to the G board as a general. But he also answered your inquiry in response to one particular

27
00:07:25.520 --> 00:07:41.280
case that was pending at the time and that you were referencing. It is not a blanket overall statement and shouldn't be taken as such. And I don't think we have the power to say that. I don't think this board has the power to say to town council, will you give us a blanket

28
00:07:41.280 --> 00:07:58.879
opinion on on ADUs? I don't know that we do or don't. That's not our purview. Our purview is to only hear special permits, variances, and appeals. So if we had before us, for instance, a case that said, I want a variance from

29
00:07:58.879 --> 00:08:14.240
the requirement of accessory and then you ask the question, what's accessory? That's an answer to this board that we have the authority to ask him for and get an answer to. But this board has no authority to say to him, can an

30
00:08:14.240 --> 00:08:29.199
accessory dwelling unit be a separate ownership from the principal dwelling unit? I'm not sure that's our purview, but that wasn't what was asked yet. What was asked was what with relationship to the one case before us.

31
00:08:29.199 --> 00:08:44.880
>> And I think it's pine that by definition accessory is accessory. So, let's get that in writing into this record into this board if that's the way you want to reference it. >> I think we should. >> Okay. That's uh >> I feel very strongly about this. I I

32
00:08:44.880 --> 00:09:02.880
think we need to prepare ourselves for an onslaught. >> Well, I don't I don't disagree with that statement and I think that this board would have to make a decision to either request it on motion. I'm willing to

33
00:09:02.880 --> 00:09:17.920
entertain that motion if someone wants to make it. And if that's the motion you're making, maybe we ask him if he will make that opinion to us. >> I don't have a problem with that. I'm just saying I don't think that's been done yet. >> Okay. Because I asked him about one particular case. >> Yeah.

34
00:09:17.920 --> 00:09:34.880
>> And and in general, we want to ask him about the definition of an accessory dwelling unit. >> Yeah. Do you want to do you want to make that motion to ask the building inspector, excuse me, the town council to please render an opinion to this board to give us guidance?

35
00:09:34.880 --> 00:09:51.680
>> Okay, I'm fine with making that. >> Second that. >> Specifically for with ownership or >> pardon me, >> with ownership in mind. >> I mean, can can every building that has an ADU become a condex? >> Yeah. >> I don't like it framed that way.

36
00:09:51.680 --> 00:10:08.080
>> What else would you call it? I think you need to say under the definition of accessory dwelling unit, can an accessory dwelling unit have separate ownership than the principal dwelling? >> Simple as that. I don't like you then

37
00:10:08.080 --> 00:10:23.760
using the word condex and having us have a new definition for that. >> What else would it be? >> I I would be an accessory dwelling unit with a separate owner. It wouldn't necessarily be a condex, >> right? >> Could two owners >> with two owners. It would be a condex. Not necessarily. What?

38
00:10:23.760 --> 00:10:39.279
>> Not necessarily. >> That is the definition. >> If they have to share something like the septic system, maybe >> that's not I don't think that's where you want to go with this question. >> No, it's cleaner. If you just ask, can they be in separate ownership? Then it

39
00:10:39.279 --> 00:10:54.320
doesn't Someone can't come back. They want to conduct. Just ask, >> can you have can the ADU be under separate ownership than the primary house? >> I think that's the way that's the question you want answered. the rest of but but what that might imply later

40
00:10:54.320 --> 00:11:11.040
beyond is is that what we don't ask >> this there's a good reason >> don't make it any more complicated >> yeah why is it that you feel it's important to have conduct in the question >> no because when you have separate ownership of one building >> and that's what we're talking about

41
00:11:11.040 --> 00:11:25.680
>> two different buildings >> or even two different buildings with on the same property with the same septic system then you have you have to have an agreement >> well first of all they might not be the same septic system because for for instance, if I wanted to put an ADU on my property, I'd have to put it either

42
00:11:25.680 --> 00:11:40.880
upgrade my septic system or put a new one in because the existing one can't carry it >> or what if one connected to the new smart sewer? >> We're going we're going a little beyond the scope of what the question is because >> smart sewer is a good answer to him. The

43
00:11:40.880 --> 00:11:56.720
second answer to you is right now Title 5 doesn't allow you to have two systems on one lot. So, so now you're talking about whether there's going to be a zero lot line clearance or something different, which we've never had. >> But don't introduce condex into your question to town council. You want the

44
00:11:56.720 --> 00:12:12.399
answer about how we how about we just phrase it this way. Please define accessory dwelling unit. >> You won't get to the answer even. >> No, you have to specifically ask the question. Uh this this board wants guidance on whether

45
00:12:12.399 --> 00:12:29.839
>> if an accessory dwelling unit can be in separate ownership from the principal dwelling. Period. >> Period. >> Am I right? >> I agree with that. >> That's clean and the answer should >> All right. So I'm going to frame the motion that way. >> Okay. >> Can an accessory dwelling unit be in

46
00:12:29.839 --> 00:12:48.959
separate ownership than the principal dwelling? Okay. Under our current bylaws. >> Under our current bylaws. >> Thank you. And do we want to add that if it is allowed, can the bylaws be modified to disallow it? >> That's that's not that would be

47
00:12:48.959 --> 00:13:04.639
planning, not us. >> Sorry, don't don't dismiss that too soon. >> Planning board is taking that up as a discussion item on rephrasing our zoning bylaw to parrot the Marailey legislation. And that's precisely what

48
00:13:04.639 --> 00:13:20.720
we want to get to. But I don't think town council is going to give you an opinion on that till planning board starts conducting its open meeting. >> Can we make sure we're notified when they start doing that? >> Yeah, we are. We are now. >> Can we make sure we are notified when they start doing that?

49
00:13:20.720 --> 00:13:40.480
>> Yeah. >> Okay. So, is the motion made in that simple form? >> We have a motion in the simple form. Can an ADU be under separate ownership from a principal dwelling under the current zoning bylaw? That's a motion. >> Anybody second it? >> I'll second.

50
00:13:40.480 --> 00:13:57.440
>> Rod second it. All those in favor? >> I >> I >> I you Oh, you can't vote. Okay. >> I agree. I agree. I I agree with having it be broad like that because you can always have followup later with detail. >> You know, you you brought up a good

51
00:13:57.440 --> 00:14:14.720
point, John. the septic systems are going to potentially limit ADU ADUs in the town. >> They do, but on the other and they always have, but it's it's not the existing houses and ADUs that are a concern. It's what's

52
00:14:14.720 --> 00:14:31.199
going to be suddenly built. And we have land in Littleton is very expensive and has become very precious and property values have got skyrocketed in Littleton. We have an excellent school system. We have excellent public transportation. We have high great

53
00:14:31.199 --> 00:14:48.240
highway access and our our school system like I said is excellent. So it's fed property values a lot and consequently builders are looking to maximize what they can build in the town. So what we do set pre set sets precedents. We got

54
00:14:48.240 --> 00:15:03.600
to remember that and we got to remember that that you know there are builders out there that would happily build. >> Well, that's new construction, but I'm talking about a lot of the land in town that's in existence. Septic systems

55
00:15:03.600 --> 00:15:18.720
can't handle an extra bedroom or two. >> And I'm really not worried about those ADUs because we've had ADUs allowed by right for many years now. And if we did it the way we did, we it had to be under we specified it had to have

56
00:15:18.720 --> 00:15:34.000
>> I I didn't need a bit discussion. I was just making >> I know but our ADU laws required an owner occupant. >> Then the new legislation from the town says we cannot require an owner occupant. So suddenly instead of this doing what we hoped it would do, which

57
00:15:34.000 --> 00:15:49.600
is help seniors stay in their houses, help families. >> I understand. That's not my that wasn't my point. >> I know I'm trying to explain this to other people also. it it suddenly creates an investment opportunity instead of a way to helping people stay in their homes which is what our goal

58
00:15:49.600 --> 00:16:05.279
was in passing the ADU. >> So, so that was um one of the pieces of the Mara legislation and my reason for raising it to this board was just to keep your eyes open as it comes down the pike, especially if the planning board

59
00:16:05.279 --> 00:16:22.240
starts to have hearings on it. um as many of you as possible should attend those hearings and think about it because one of our jobs is to enforce the zoning bylaw. So we have a lot of intimate relationship with the various uh exceptions that come before us and

60
00:16:22.240 --> 00:16:38.079
are asking for relief. And the other part of her legislation was to demerge merged laws. And again, without rendering any opinion except my personal one, the board ought to be invested somehow into

61
00:16:38.079 --> 00:16:54.480
inputting what we think is appropriate and proper with de merging merge lots. So, the Hilu legislation wants to the ability to demerge a merge lot provided it has 10,000 square ft and can build an

62
00:16:54.480 --> 00:17:12.799
1800 ft home with 75 ft of frontage and three bedrooms. And it's just food for thought. I had one come into my office and it's um it's giving me a little bit of heartburn because it's 8,000 square ft, not 10,000 square ft. and our

63
00:17:12.799 --> 00:17:29.679
Littleton zoning bylaw and the state bylaw says a lot that was 5,000 square feet is grandfathered. So in my mind, if Mari Healey's intention is to demerge merged lots in order to get more affordable

64
00:17:29.679 --> 00:17:46.080
housing in town, there should not be cutting of hairs between 8,000 and 10,000 square ft. It was a lot that merged that can be unmerged under the existing legislation. And >> do you guys understand how thought

65
00:17:46.080 --> 00:18:01.280
>> does everyone understand how a lot gets merged? >> Yes. >> Okay. >> So anyway, just two things that are it's always interesting when new legislation happens that you almost out of the gate you get an exception to the rule immediately and it's like what are you

66
00:18:01.280 --> 00:18:17.200
doing with it? You know. Okay, that's that for the minutes and we didn't get to vote them. Does anyone else have changes they want to input to? Right, I've gotten all yours, I think. Right. >> Sher, you just said it was a little more in detail than

67
00:18:17.200 --> 00:18:33.600
>> I I would pass on to Sophie that she doesn't need this kind of detail. We don't need this kind of detail. >> John, >> um, and did you get a chance to >> I I read it. I don't have any comments. I But I I would agree. I what I've been used to is more bulleted type, you know,

68
00:18:33.600 --> 00:18:50.799
things because you get it gets too uh yeah, it just it gets wordy and then it's like that's not exactly what I meant. And you know, sometimes bullets are easy. Bullets are more concise is easier, I think. But >> I don't I don't disagree. That's a good idea. Okay. So, I'll take a motion to

69
00:18:50.799 --> 00:19:05.679
approve the minutes as amended. >> I used to get yelled at all the time for that. >> I'll make a motion to approve the minutes as amended. We're >> want to second it. >> Yeah, I'll second it. Nobody else. >> All those in favor? I >> I unanimous. All right. The next thing on

70
00:19:05.679 --> 00:19:20.799
the agenda, believe it or not, is the subject hearing for 7:10 p.m. Case number 26-982. I'll open the hearing of 6 Long Lake Road. The petitioners, Mr. William and Miss Christine Dano Donahghue seek a

71
00:19:20.799 --> 00:19:36.960
special permit under sections 17310B and a variance pursuant to the intensity view schedule for a porch, walkway, and deck edition and such other business as may properly come before the board. And we do this very informally. We have you

72
00:19:36.960 --> 00:19:51.919
come up to the front and state your case. >> You can bring another chair up if you want. >> The board members will then ask you questions. Then we'll see if anyone in the full audience would like to comment and >> all your concerned neighbors that are

73
00:19:51.919 --> 00:20:09.039
worried about your audition. >> Well, hello Kristen and William Donghue. Everyone calls me Kiki though for those of you who know me. >> Um, yes. So, we have a uh, for lack of a better terminology, dilapitated porch on

74
00:20:09.039 --> 00:20:25.600
our 1950 uh, house over by the lake that we purchased in 2018. And so we obviously need to remedy that. And then our front concrete steps are also dilapitated. We've already lost one railing. So every time the Amazon guy comes, I'm praying that he doesn't fall off the side and there's going to be an

75
00:20:25.600 --> 00:20:42.159
issue. So we also decided to take the time uh while we were doing it to really um make a change. We have no access to our backyard from our home. There's no back door. There's no way to get to the backyard other than walking out the front door and walking outside in the grass. And so that's uh what we've

76
00:20:42.159 --> 00:20:58.240
enlisted. Um our builder Paul Lemieux uh has come up with a nice uh fix to that problem. So we're going to be replacing the current footprint of the deck that is currently there, putting a little screen porch, very simple screen porch on top and then a small walkway to

77
00:20:58.240 --> 00:21:14.640
access the back of the house uh with a small deck off the back so that we can utilize our backyard. Also replacing our crumbling concrete front steps and damaged railings with uh safer steps and a small covered portico on top because we have no covered entryway of our house

78
00:21:14.640 --> 00:21:31.760
either. >> How far out does the portico fit? >> Um I think it's very small. Let me look at the plans here. >> Do you have this picture? >> Yeah. Okay. >> Yeah. Sorry. And of course I just got this from the builder. We are we are

79
00:21:31.760 --> 00:21:47.520
musicians and so we are not uh builders. >> You're musicians. >> We are musicians and we're going to do our best here. >> What do you play? >> Uh so I'm a singer and Bill's a pianist and organist. >> Bill, what's your last name? >> John. >> Where do you play?

80
00:21:47.520 --> 00:22:03.120
>> I'm the music director at um at St. Franc. >> Oh, very nice. Um and I'm at St. An's here in Littleton and uh St. Catherine's. I saw a footprint. Where did I see that? Because

81
00:22:03.120 --> 00:22:19.360
I do want to make a comment. >> Oh, sure. So, just to answer your first question, it's about It looks like on here it's uh less than 4. The portico is 4T. >> I don't understand the the line that >> that line is the actual house, right? >> Which line? Cuz they're not adding on to

82
00:22:19.360 --> 00:22:34.720
the front of their house. >> No, the one you see out the dotted line you see. >> Mhm. >> No, no, that one. That's the setback from the street. The line in front of it is the actual house. >> That's my question because >> the house that actually sticks out past the setback line.

83
00:22:34.720 --> 00:22:49.840
>> We have an exemption to the zoning bylaw setback that if the houses contiguous on either side of you are closer to the street than 30, then your setback is reduced to the same setback as they are. >> And believe it or not, I used to own

84
00:22:49.840 --> 00:23:06.320
eight long dilapidated rental properties. This is one more. Don't talk about it. >> Um, and I do believe that the house is contiguous on either side, maybe as close to the street as these steps, but

85
00:23:06.320 --> 00:23:22.880
I didn't measure it. >> Yeah, I believe um that came up in our we had a previous hearing where we put it when we put our shed in and that did come up that our the setback was um >> the shed. >> We can one second, let her finish her sentence, please. >> It's okay. That the that the set I had

86
00:23:22.880 --> 00:23:38.480
read that I had read that in the documents. um that never came up like publicly, but I did see that written in there that all of the the the houses on our street have that. Um >> sometimes it's cleaner if we're inclined to approve it anyway to go ahead and approve it. So there's no question. >> I don't disagree with you. I just want

87
00:23:38.480 --> 00:23:54.080
to educate all the new people that work in this town so that they're not forcing costs and hearings before a board that don't need to be here. >> I know, but they need to be here for this. >> Yeah. Okay, no problem. But this is a

88
00:23:54.080 --> 00:24:10.880
variance and this is a special permit. Let me look again. But that's what I >> Yeah, he did um amend the um Henry Fontaine did originally send us a first letter and then amended it to the second letter saying we didn't need that second because there was originally I think

89
00:24:10.880 --> 00:24:27.600
three. >> Yeah. Let me see what his letter says. >> This just says two. Yeah. >> Yeah. Henry's letter. >> Yeah. So Henry's letter that's here has two. He had originally sent us a letter like two days before where there were three and then there was a I know they've got a lot of >> Could I call on um one of my members

90
00:24:27.600 --> 00:24:45.000
David? How about you to read it into actually >> the letter? >> Yeah. >> Yeah. >> How about the alternate? Let me let me ask the alternate to read it in because he's the one that put his hand up first that he had it in front of him. >> He's not going to get any other jobs today. >> I know.

91
00:24:46.400 --> 00:25:00.400
>> You just want me to ask read a letter? >> Yeah. from. Tell us who it's from and what it's >> okay. A letter dated uh May 22nd, 2026 to Mr. William Donahghue and Miss Christristen Donahghue um re regarding six Long Lake screen

92
00:25:00.400 --> 00:25:17.679
porch and deck special permit variance. Dear Mr. and Mrs. Donahghue from the information that has been provided to this department. Uh a certified plot plan from Stampsky and McNary dated April 29th, 2026 and building plans from

93
00:25:17.679 --> 00:25:33.679
Colonial Home Design. The applicant proposes to add to the front of dwelling a landing and steps into the side a screen, porch, deck, and walkway. Your submitt requires approval from the following board before a building permit

94
00:25:33.679 --> 00:25:49.760
can be issued. Zoning Board of Appeals One special permit section 17310B item one and variance intensity abuse schedule pursuant to 17310B1

95
00:25:49.760 --> 00:26:04.960
alteration of non-conforming structures with respect to an existing nonconformity. The board of appeals may by special permit allow the reconstruction, extension, alteration, or change of a pre-existing non-conforming structure that extends or

96
00:26:04.960 --> 00:26:21.200
increases into existing nonconformity where it determines that the proposed modifications are substantially more detrimental than the existing non-conforming structure to the neighborhood. Pursuant to intensity of use schedule note 9, where structures

97
00:26:21.200 --> 00:26:38.240
exist on the adjacent lot on either side of the property, the street setback need not be greater than the average of the setbacks of the adjacent structures. Therefore, a special permit is required. The applicant proposes to construct a screen porch, deck, and walkway to the

98
00:26:38.240 --> 00:26:54.880
eastly side of the building, the easting side of the existing dwelling. Pursuant to table of intensity of use schedule, the sideyard setback easterly is 15 feet where the applicant proposes 12.1 ft. Therefore, a variance is required. It

99
00:26:54.880 --> 00:27:12.480
goes on to say, contact the town of Littleton zoning board of appeal at 978-540-2431 for information regarding the zoning board of appeals. Respectfully, Harry Fontaine, building commissioner. >> Can we thank

100
00:27:12.480 --> 00:27:27.840
Henry for this detailed letter because this is this lays it out beautifully and keeps us from making any guesswork about what we need to do. It's quite quite detailed and lovely. >> Absolutely. I do want to make some

101
00:27:27.840 --> 00:27:43.520
comments to this letter and to the process generally. This board is allowed to give variances and they're allowed to give special permits. A variance is required when you are making a new nonconformity.

102
00:27:43.520 --> 00:28:00.640
This letter says it exists at a 15- ft setback and it needs to be and it wants to be a 12-oot setback. That's a new nonconformity that requires a variance. And this is instructional as well as lecture. I'm not meaning to lecture. I

103
00:28:00.640 --> 00:28:14.880
have new members and I want everybody to be on the same page. A special permit is granted by the board when we're authorized by the zoning bylaw to grant special permits. And a special permit is easier to get. Special permit just has

104
00:28:14.880 --> 00:28:31.919
to be not not any more detrimental to the neighborhood than what's there now. The only thing I don't understand from Henry's letter, and it's a good letter, is that why would a front setback that's already in line with contiguous

105
00:28:31.919 --> 00:28:47.679
properties >> require a special and and I'm not going to question it. I agree with you. We'll grant it as long as they're here. But I think I want to question that because if the property is continuous on each side already are set back the same distance,

106
00:28:47.679 --> 00:29:04.799
this qualifies for the exemption under the setback requirements and it doesn't require that anyone had to come here for a special permit at all. I have a feeling that Henry couldn't measure and your engineer didn't measure and maybe he sent you here because an inch difference would be a difference.

107
00:29:04.799 --> 00:29:20.799
On the other side on the variance, you have to prove several things for this board to be able to grant you the variance. You have to prove anyone want to help that you have a hardship financial or otherwise that there is a detriment to you not to get this

108
00:29:20.799 --> 00:29:38.159
variance not to be able to do this. You have to prove that your lot or this part of your lot is unique by soil shape or topography from anything else. And that's why you need a variance. And then you have to prove that it's substantially not more detrimental than

109
00:29:38.159 --> 00:29:55.279
the existing zoning bylaw. We have to find all of those things in order to grant the variance. Now, >> not detrimental to the neighborhood. >> Mhm. >> Did I say that or not? >> You didn't say the neighborhood. >> Sorry. Not more detrimental to the neighborhood. >> So,

110
00:29:55.279 --> 00:30:12.240
you need to explain to us why is your lot different than other lots? and why do you need why do you have a hardship if we don't grant you this? And you started to say it. You said you don't have a way to your backyard. You don't have usability of your backyard. You're on an undersized lot. But but so speak

111
00:30:12.240 --> 00:30:28.720
to that a little bit. >> Sure. Um so beyond the the pieces I already brought up also uh when we purchased our home, it had the uh new septic system put in, which is a new alternative septic since we're so close to the lake. And during that process, the topography of the yard was changed.

112
00:30:28.720 --> 00:30:44.960
And so now it's raised and it is such a tilt. We had to give up our ride-on lawn mower because we were gonna fall over. It's such a tip over. So we have >> it's crowns in the middle of the yard. >> Yeah. Um and so we don't have that usable space either to be able to have

113
00:30:44.960 --> 00:30:59.679
any kind of flat land. Even when we put our shed in, you know, we had to get twice the gravel as what, you know, the shed company had recommended just to level off that area. So part of the goal in doing this is to make a more usable space there and to be able to utilize

114
00:30:59.679 --> 00:31:16.720
that that area that's dropping off that's really you mean you can't can't put a chair on it because you fall over can't put the children like it for the slip and slide but they're getting to be older now so it's not really as much of a draw anymore. Um, and I also think it just brings usability to our space in a

115
00:31:16.720 --> 00:31:33.520
way that we we really can't use our like as you said, you know, we all of us on the lake are on undersized lots, you know, sort of on top of each other. Um, and so, uh, yeah, I think that that it'll just bring us more ability to get to the house, plus it gives us more ability to actually access the back of the house, which we currently have no

116
00:31:33.520 --> 00:31:51.519
way to do outside of our bulkhead from our basement. And we're supposed to review with you on a change, extension, or alteration of a pre-existing nonconformity, which is what you hear about. We're supposed to review with you and for you. What are

117
00:31:51.519 --> 00:32:07.679
the existing nonconformities? So, you start with your frontage is less than normal. >> Normal. >> Yeah. >> And you have during Do you know what your frontage is? I didn't look. >> 75. >> 75. >> And then you have a lot that's undersized. One acre zoning and your lot is what?

118
00:32:07.679 --> 00:32:24.320
>> 75. >> 75. 7500. >> Yeah. >> Thank you. >> And then you have sideline setback on the west side. Looks like it meets the 15 >> currently. >> Currently. Yes. >> Yes. >> On the left side it does not.

119
00:32:24.320 --> 00:32:37.519
>> Wait. >> On the right side. >> On the right side. >> On the westerly side it meets it and you're not changing it. >> Correct. >> On the easterly side it is currently non-conforming at >> 14.4 and a half.

120
00:32:37.519 --> 00:32:56.640
So 15 is required, 14.4 is current and proposed is 12.1 >> on the right on the >> easterly >> on the easterly side >> and then front setback currently is what? >> Um to the steps is 17.7

121
00:32:56.640 --> 00:33:14.880
>> and the landing is 22 point 22 feet 8 in. >> You want to go to the steps, right, John? >> Yes, you have to go to the steps. And so what was what is it now? And it will be 177. >> No, I think I'm looking at current. Current is 17T 7 in.

122
00:33:14.880 --> 00:33:29.600
>> And then what will it be when they're done? >> I believe they're not bringing it out any further. >> We are not >> just rebuilding them in place. >> Yes, it's adding a >> Yeah, we're adding a portico on top. >> Nice work. >> A portico. >> Rear setback is fine. I need 15 in the

123
00:33:29.600 --> 00:33:47.279
rear. That's fine. And I need to know about >> there's a portico directly across the street from home exactly like this >> adjacent properties. Now >> I had a member who's no longer here who used to always bring his laptop and he would always Google Earth in see exactly

124
00:33:47.279 --> 00:34:03.840
and get just a hint to those who want to be standing out in this crowd. >> There is a portico directly across the street. >> It's not across unfortunately. by law says contiguous on either side or adjacent. I think it says

125
00:34:03.840 --> 00:34:19.679
>> I knew the portico is required for safety purposes. >> I'll pull it up for you. >> Yes. >> Oh, you want to pull up the GIS? >> I will pull up the GIS. Okay, Mark. >> I think next door has a port. Does Ed have a >> Um I'm satisfied that you told the board

126
00:34:19.679 --> 00:34:35.359
everything it needs to know. Thank you. >> Now, does the board have any questions of these applicants? >> No. That room on the back. I guess a screen room on the back. >> It's not your business. >> I know. I just asking questions. >> You can't even look in the window.

127
00:34:35.359 --> 00:34:52.159
>> You talking about we we call it the piano room. >> Why don't you don't punch a door in the back? >> You know why? We actually brought that when we bought the house. That's what we originally wanted to do. But the way that they put it in, the heat uh is separate for that. And the heat is coming in and out in the one place where the door could go. So it was going to be

128
00:34:52.159 --> 00:35:08.400
what we bought the house in 2018. They quoted us $25,000 just to put the door in. So we said, "Okay, we love the piano room just as it is." So we put the grand piano in there and we make lovely music. >> Yeah. But that that was that was what I

129
00:35:08.400 --> 00:35:24.000
when we first bought the house, that was our what we thought we would do is punch a hole there, put like a you know, some kind of a >> French to put one on the sidewall >> where where the where the the deck goes by. >> Yeah. Yeah, >> we just lose all of our >> like any seating space in there if we do

130
00:35:24.000 --> 00:35:38.079
that. >> Shortcut of the backyard. >> Yeah. >> How about you, Bill? Any questions? >> Uh maybe just general. What any input from the neighbors? They How do they feel about it? Question. >> Yeah, we did speak to um the Lowman's

131
00:35:38.079 --> 00:35:53.359
next door, which is the easterly side. Um and they said, yeah, they were fine with that. They they're hoping nobody looks over their their yard. Well, I noticed that that they they have a fence. I assume it's their fence cuz it's a nice size space in your >> That's their fence. Yeah. >> And then there's trees and grow green

132
00:35:53.359 --> 00:36:09.839
stuff. So, it's almost like it's a wall you can't see through. >> Yeah, very much. Yeah. And it's a wooden Yeah. a wooden fence there anyway. Yeah. So, and we have a lovely relationship with all of our neighbors. So, they he recently, you know, put in his own thing in the back and like has a shed and everything there. So, we're always very conjugal. But, yeah, he did we did tell

133
00:36:09.839 --> 00:36:25.040
tell him about it uh that we were planning on doing that. >> He got a postcard. >> Yeah. And he also got a postcard, right? >> I don't know about your house. I think all these houses were Sears kit houses. >> I believe it. Yeah. Somebody told me ours was >> used to come in a box. >> Yeah. >> From Sears.

134
00:36:25.040 --> 00:36:40.640
>> Yeah. And they were all They threw them all up. >> I think ours is and the one across the street cuz the two eight and then uh the Lowman's Theirs is are still the little old bungalows, the one level. >> Um well actually next door he put a top on but then I think he he told us he pulled the bird the building permit

135
00:36:40.640 --> 00:36:56.240
because he didn't finish it. So it's just sort of framed and nothing's up there. That's funny. >> Um, yeah, but that's kind of what's happening over there by the lake is everybody's building on top of the gentrification. >> Yes, exactly. >> David, do you have any questions? >> No. >> And you're all you. And do you have any questions?

136
00:36:56.240 --> 00:37:14.320
>> No, I already asked. >> Do you? >> No, I'm all set. >> And anybody who's appearing here for or against? No. >> I make a motion we close the hearing. >> Somebody second. >> Okay. All those in favor? >> I

137
00:37:14.320 --> 00:37:31.040
>> I >> Okay. Hearing no opposition. The hearing is closed. Board deliberate or make a motion. >> I I'll make a motion that we approve the both the variance and the special permit based on what we heard tonight.

138
00:37:31.040 --> 00:37:51.200
>> Heard enough hardship. >> This lot is certainly unique. >> No. Um no conditions >> just to follow what said the setbacks as shown on the plan >> just uh substantially shown >> substantially show yeah we want to take it to the nearest e of an inch

139
00:37:51.200 --> 00:38:08.160
>> I have a motion anybody want to second that >> I'll second all in favor >> I >> congratulations you have it the uh there's a 20-day appeal period the building inspector will not give you a variance a building permit till the

140
00:38:08.160 --> 00:38:25.200
variance appeal period expires. Uh special permit you can get earlier. Um except you're at your own risk that somebody might appeal it. >> I like your plans. They're nice. >> Thanks. We're excited about it. Yeah, we've started right before CO and then had to put it all on hold. So back up

141
00:38:25.200 --> 00:38:42.000
and running >> and thank you very much for walking me around and explaining it to me. Of >> course. >> I appreciate your patience. >> No, we had a nice conversation. Usually I call the police if I see any reason women wandering around you sister.

142
00:38:42.000 --> 00:38:58.079
>> You had before you got here. We we talked about that for a second. Basically, if you apply for change to ZBA, you have basically given us permission to walk onto your property to look at what you're asking to do. >> Oh. Oh, really? Okay. >> Otherwise, otherwise we can't do an

143
00:38:58.079 --> 00:39:13.599
informed approval. >> Right. Right. >> I was there a week ago. >> Oh, okay. Oh, thank you. >> I was going to say I saw people on my camera, so we have a Ring camera. I was last minute. >> Okay. >> Okay. Thank you. >> Good luck. Thank you so much. Have a great night. >> Thank you so much.

144
00:39:13.599 --> 00:39:28.560
>> Nice to meet you. Take care. Good luck. >> Thank you. >> We actually had something to do. It's been a while. >> That's true. >> And we did it well, don't you think? >> Yeah. >> Uh the rest of the agenda says read the

145
00:39:28.560 --> 00:39:44.960
mail. I don't have any member comments. Anybody want to waste, excuse me, take the time to come in? >> Tomorrow's a big holiday. >> Yes. >> You know, and they the holiday is because we my wife and I got married 50 years ago. >> I was just going to say

146
00:39:44.960 --> 00:40:00.320
>> Oh, is that why it's your wedding anniversary? That's the holiday. >> It wasn't a holiday when we got married. >> It's a It's a national holiday. >> It's now a national holiday. >> Wow. Congratulations. >> 50 years ago. >> Wow. 15 >> 50 minutes. >> Just the comment that we haven't seen

147
00:40:00.320 --> 00:40:21.440
the minutes from the second Tahadawan road hearing yet. >> I will bring that up to Sophia tomorrow when I write her this stuff. Thank you. >> And we're having >> we did see the minutes for the planning board meeting.

148
00:40:21.440 --> 00:40:37.040
When we got when we got married, we got married in conquered and then we had our reception in Westford at Tikilo. Those remember Tikilo? >> I make a motion that we adjourn. >> Second. >> Second. >> Second. >> Those in favor? >> I >> I

149
00:40:37.040 --> 00:40:41.400
>> So that that's why we're having the

