##VIDEO ID:7fSKkb0g6iY## hey you're very good okay I'd like to welcome everyone to the lunenberg zoning board of appeals I'm going to tell you how the hearing will proceed but first I have to give you a notification that the hearing is being recorded in accordance with the requirements of the open meeting law please be advised that this meeting will be broadcast live through local access cable on Facebook live on the public access Facebook page and we'll be able to be found on the lunenberg public access YouTube channel within 24 hours after the meeting to rep participate remotely from a computer go to the zoom meeting computer and app users may use to raise hand features to request to speak like that I'd like to introduce the board to my left is Lisa nadan I'm Alfred gral James bakosi Patrick Callahan Tony nicastro and Don G uh the way the hearing will proceed is Lisa will read the application and any other submitted uh Communications the applicant will have the opportunity for comments on the application or sub mission of additional documents you will please come forward to the mic give your name and address board members will have the opportunity to ask questions that they might have on the application while you were at the mic there will be a public comment period you will please come forward to the mic give your name and address and address all comments and questions to the board with that I would ask Lisa to please read it this is an application for a special permit for dimensional variation the applic of Brian and Katie Fox of for Cove Road um the proposed description the proposed project involves a construction of an addition to the existing single family dwelling the addition will be constructed on the south side of the dwelling in the location of an existing shed which will be removed to provide space for the addition the proposed addition will consist of living space at this existing first floor elevation with a drive under Garage on a lower level a secondary driveway will be constructed to provide access to the drive under garage as required by The Building Commissioner a special permit to vary the rear yard setback requirement and Building height requirement with respect to the proximity to the lot line have been applied for the applicable section of the code of lunenberg is 250- 5.2 E1 and 25.3 A2 the uh questions and answers on the application are as follows please describe how the proposed Act action will prevent conditions that are injurious or dangerous to the public health unduly hazardous because of traffic congestion danger of fire or explosion the response proposed use of the property will continue to be residential there is expected to be no noticeable change to traffic patterns related to the proposed addition as such the proposed action will not be injurious and dangerous to the public health or unduly haitus as it will not add additional and does not constitute a new danger of fire explosion B please describe any material adverse effects on the value of land and buildings in the neighborhood or on the amenities of the neighborhood the proposed improvements addition driveway shed removal will increase the assessed value of the property and also the market value of the property as such we expect the proposed addition to have a positive effect on land values in the neighborhood C please describe how the proposed use or activity will operate with reasonable regard for ordering sight Lin if an open use the reply the applicant has hired Damon mcquate Architects to design the proposed structure the design of the proposed structure addition will not mat will match the architectural characteristics of the existing structure and will not be unsightly architectural plans have been attached to this application for the board's reference and D please describe how the proposed action will reduce and or prevent noise vibration dust odor heat or glare at the lot lines amounts clearly detrimental to the normal use of adjacent properties the response as mentioned the proposed use will continue to be residential the structure will not produce noise vibration dust odor heater glare that would be detrimental to the adjacent properties and the additional information the specific relief being sought by the applicant is to vary the dimensional requirement of the rear yard zoning setback the requirement is 20 ft the existing is 19.3 ft and the proposed is 3.7 ft and 9.7 ft of relief from the required Building height find in section 25.2 5A 2 and attached is the uh request for determination from the building inspector setting forth the sections that I just mentioned um there's a copy of the list of abutters and there is a site plan and building plans attached I also received a memo from the Board of Health agent on January 15th just for the record the Board of Health has no issues regarding the rear setback or Building height the proposed The Following will need to be addressed as part of the building permit the proposed driveway is on top of the leeching area the leeching area is not designed for H20 loading nor is the leeching area vented in accordance with title 55- 247 the Board of Health will also need to see plans of the room layout of the existing house to ensure the three-bedroom septic can support the proposed addition in accordance with title 5 and lunberg septic regulations and a Title 5 inspection will be required prior to sign off on building permit per 15301 system inspection five a system shall be inspected prior to any change of use of the establishment or increase in design flow or prior to any expansion of use of the facility served for which a building permit or occupancy permit from the local building inspector is required that's all Mr chairman thank you L sir you're welcome and with that I would invite the applicant or his rep to uh address the issues um one of the things I'd like to have you do going through is giving all the dimensionals as is now and the dimensionals as they are certainly as regard to the height and re uh rear yard okay absolutely uh thank you Mr chair members of the board my name is Ryan Proctor I work for Dillis Roy civil Design Group I'm here tonight representing Katie and Brian Fox who are with us in the audience tonight uh as as was read thank you as was read to the record we are here tonight seeking two approvals the first of which is zoning relief for the rear yard zoning setback as well as the building height for a proposed addition to the existing single family home at for Cove Road the property is situated on the corner of Cove Road and Sandy Cove Road um so just to orientate the board Cove Road is at the top of the plan Sandy Cove Road is on the West Side the existing dwelling is shown in brown the proposed building building addition is shown in blue and the existing accessory structure the shed and garage uh that was indicated in our application to be removed is outlined in red adjacent and uh southeast of the proposed addition I'll talk about the two uh approvals that we are seeking tonight individually the first of which was relief to the rear yard zoning setback the existing structure uh currently is 19.7 Ft off the rear yard uh property line uh which is planned itself uh as we orientated that is the primary structure the accessory structure that we're proposing to remove uh currently is 1.1 ft off the lower property line it is also located within a 5ft foot easement that runs along that southerly property line um so that's the accessory structure uh that is 1.1 ft off that lot line as well as existing within that easement the proposed structure um again shown in blue we've moved outside of that of that foot path easement and increase the set back to that property line to 3.7 ft that would be to that southwest corner of the addition the second item that we were seeking relief for is uh relative to Building height uh so in the residential a zoning District the maximum Building height um adjacent grade to Ridge height is 38 ft the existing dwelling per that bylaw is about 17 ft and the proposed Ridge of the accessory of the addition is actually less than that there is a subsequent definition of Building height as it proclaims to uh respect to the proximity to a lot line um so essentially and I'll try to explain this the best I can the vertical separation between a point on the property line and a point and the highest point of a structure cannot exceed that horizontal Separation by more than 5 ft uh so as a very simple example if you were on level ground and you had a structure 10 ft off the property line your building height at that point could not be more than 15 ft if you were 15 ft off the property line your building height couldn't be more than 20 ft um so that's it's just a linear um progression and relation between the height of the structure and that property line um so in the zoning table and I I'll walk over and point out I calculated two of the nearest uh points of the proposed addition um to document the existing grades and the grades of those uh Peaks to determine that we needed 9.7 ft uh of relief for the proposed addition those are the two approvals that we're seeking tonight um as was read into the record we will also be filing with the uh Conservation Commission as a portion of the work does fall within the 100 foot buffer zone of Hickory Hills Lake and we also will be working through those comments that we received uh from the Board of Health as well I think that's all I have Mr chair if you have any questions or need any more information i' be happy to provide it um one quick question on on the addition yes now there is the shed there that you're removing right is that on the property line or a little bit over the property line to let's say 32 Sandy Co it is not over the property line It's Not Over The Line okay cuz I was trying to figure out exactly where the property line was and the with the trees that are there almost looks like that's a know kind of where the property line is it's it's very close um it's it's 1.1 ft off the property line if if you're familiar with the site there's a shed I believe on San on the southernly property the abing property as well the property line splits between those two right so when I was looking at it they have a gray shed they're on 32 Sandy Cove Road that's right on that same side yes and so with this and that what would be the distance between them to the neighbors shed it looks like it would only be about 10 ft it uh would be I'm not sure if we located the abing structure um on our plan okay so I do not have that answer for you right now okay okay and the the height issue um as the house sits right now is is not an issue however it's the moving out that makes creates a new non-conformity corre that's that's accurate yes yeah okay um I'm going to open up the board I do have more questions but I'm going to open it to the board have you applied to the uh building I'm not the building uh the Board of Health um previously to this for construction with a new or checking on the septic system and the leeching field and all that we have not yet this was step one for us the system is sized for a three-bedroom house and the uh EX dwelling is two bedrooms and we're adding one uh one bedroom with this addition um so it's our belief that it's adequately sized and then uh we would have to address their comments relative to the the H20 loading uh given the driveway location thank you any other questions from the board at this time uh the the driveway is to the left of that the existing driveway I'll just walk over in point yeah okay it's it's to the west side of the house okay and then there is a proposed driveway way that would provide access to the drive under garage at the lower level of that addition so you would keep both driveways that that is the intent and and which driveway has the leeching field concern is it the new driveway it's the new driveway correct yep Mr sham I have a question uh you building a spare bathroom you putting other bathroom in or was it just uh there is a master bathroom in though so you putting another bathroom in of the addition y y any other question no that's it I just had one quick question um sorry I'm trying not to let our microphones fight each other uh so it was 3.7 ft from the rear lot line and then you said 9.7 ft of relief on the height um so is the is that the 17.7 the no so um if I can grab the mic I'll walk over yeah sorry so the building height as I mentioned it's a function of the distance to the property line so I have two uh points critical points of the proposed house one is the proposed Peak which is it's hard to see with the color but there's a ridge line that runs laterally here um so the proposed Ridge elevation at this point is uh 3 96.2 and then when you correlate that to the point along the property line um we end up with a a maximum height at that structure um uh it's about 16 ft and then um when you subtract it out the zoning relief that we need for that is the 9.7 okay so that you said that height was like 16 ft uh roughly I think it's if it's defined for your bylaw it's the nearest Point adjacent to the house to the ridge um so it's about 15 ft from it's actually the highest point adjacent to the house is up there um so okay okay I get you okay the new Ridge is lower than the existing Ridge yes okay that's what I thought you okay okay so as you as you stated you're going to follow the same architecture design so it's a log cab and it's going to the addition is going to be a log cabin as well look that's that's correct okay yeah it it'll be veneers if you want to speak you have to come up to the mic and give your name and address uh it it'll it'll have the same look and feel as a as the same structure existing structure and as far as the the height it basically is following like you said it's a little bit lower the original house yes okay and you have actually if you're stand on Cove Road the driveway to the right is where the entrance is correct if you're standing on Cove Ro the left is where you're going there's a deck out there yes and you're going to go down and you're going to have a garage under is that correct that's correct the right way yes that's correct yes okay um yeah actually moving that structure I don't have in front of me so it's actually not following the same lines as it house it's actually pushed back a little I'm not sure what you're asking the to the right that's that's going away the structure is being removed that's going to move okay all right okay do you need this no actually uh I I was trying to read that earlier it's too small from what I can see anymore all right um any other questions from the board I have let me see if I have anything else okay in the in the house itself towards Sandy Cove Road as far as the setbacks there're already non-compliant it is that correct that's right so since we're on a corner lot we have the 40ft front yard setback on both sides um so it is non-conforming with that 40ft setback on the Sandy Cove Road side the existing structure okay and the other thing you stated that the addition you have to go to conservation it is in with the 100 within the 100 ft that's correct yes cuz I was going to ask that question about whether you could do something else but I've kind of looked at it and then uh makes sense I guess y that doesn't I was thinking if you could maybe put an addition towards where the deck is or all of that but like you say it it wouldn't make sense I say okay all right any other questions from the board hearing none I would ask for a motion oh yeah public please please come to the mic name and address hi my name is Donna saiah I live at 32 Sandy Cove Road that is um right next to where the new addition will go and I have some questions just to clarify yeah um I'm thrilled that they want to add on to the house but I am concerned about a few things some of which I don't uh I'm not knowledgeable about so I'm looking for some guidance I do have from the Board of Health um the our septic layout as well as where our water lines come in and they are on that side so the one thing I'm concerned about and this is a copy if you'd like me to leave it UPA please um one of the things I'm concerned about is um in 1995 the septic was put in by Larry warham we bought the house in uh 20 th at the end of 2002 so basically 2003 and the septic field is um on the other side of our lot on the other side of our house and it appears to be too close to the lake um it was all approved everything went through on that um the original plan is there and you'll see it on the original plan that the septic field was supposed to be in the front yard by Brian's lot line um my water line runs down in close to the lot line between the lot line and it would have had to have been moved and I checked with the Board of Health and I had always been told that it was the neighbor that didn't want to have the septic field close to the Log Cabin uh one of the previous owners but um I've since found out from um the assessor's office and the board Health that it's because um his uh water his well water whatever comes right down just right on the lot line and that's why our septic couldn't go there so I don't know I don't I'm not knowledgeable in this so it's something that I really want to look into um are you want you on Town water um oh you're on Town water so so that's not excuse me you have have to talk and then then we can forward questions after so if they're on Town water then apparently that well is like our well it's not using anymore you know it's not I just going to bring that up that I was surprised it not on Town water yeah cuz it it's would go it goes down that side of the house okay so um from that um if our septic has to be moved the Board of Health in the paperwork that I've gotten from them that was what was done in 1995 states that the septic field cannot go in the same spot it is now it would have to go back up in the front yard because that's the only place it can go okay um which means the water would have to be moved and it would be you know I don't know if that puts it too close to a new h a new addition that's my concern so that the water you're talking about is your water yes yeah okay do you know exactly where your water comes in from the street it's on the plan yeah I didn't quite see it do you see it it should be kind of close to the lines where you see the um the septic field the one that was proposed and was planned on before it was moved it's the large one that's on the angle here this is where it was supposed to go this is Brian's property here and the water line goes right down through here okay are you on Town water I'm on Town water but not Town sewer okay yes yeah there no Town sewer in this area yeah I know and um so this is where it ended up going and this is Hickory Hills Lake right here so we are within the the 100t buffer zone is up here and the septic is here my concern about the septic field it's from 1995 but our concern is that because of the water table being much higher and little Hickory than it used to be and the amount of rain we've been getting that leaves less area for the septic to work if that fails I have to move the septic so I just want to be proactive and make sure that we're going to be safe and because I don't want a septic too close to his house right right and um so that's that one issue um the other is I was um was wondering if we can get um some kind of pins in the ground or or just Stakes just to see how close it's going to be to my lot line and to my shed okay could we um we put some Stakes on the line so that she could see exactly where they are the line is where the house is where the addition is going I'm good with visuals so it's nice to have um the other would be um when Brian had the the lot line plotted um some of the trees are on my side some are on his some need I think still may still I'm sorry may still need to come down how will that affect the roots and the healthiness of my trees okay that I don't want to take down would would you like to address or does he need to take any mind down question yeah are you all seted do you have more questions I have more questions um let's see um here is the ridge of the House of the addition is that in line with the existing house or is it turned so that the peak is facing my lot okay that's a fair question I'm going to ask you to answer that could you come up and answer that please she has some architectural plans show her I think you have drawing rings in good [Applause] show so it's that's going to look nice slightly but your house is over on this side so You' be Patrick looking at that can you tell me this face so this is in line with this that's right yeah there is another a lower rid that sharp I don't know if you can on that or not um the reason I ask is that um because of the grade of our yard we have a lot of water coming down off the street and the heavy rains and that's been more typical in recent years and um I tend to flood on that side if we get heavy rains so if that was going to be feeding into that then I would be concerned but it's going the other direction going the other direction yeah so I think it's not a so that's why I wanted to actually show you that yeah that's perfect thank you um I think that's it now while you're here answer about the trees what are you do for the addition are you going to be like I say it's hard to feed the lot line but do you know what trees are there going empty trees you're going to have to take down I I believe there's only one tree that needs to be removed I can point to it on the plan please and if I think it's on mine and it's fine I already agreed to it so it's this uh 16in tree it's right on the corner it is entirely on the fourth gold Road property oh it is these are the other trees that are more or less off I think he was planning on taking this one out perhaps but we've always had squirrels in it the squirrels wouldn't let the tree guy take their tree okay yeah um those are basically my concerns just making sure that it's not um like well I understand right up against there's some clearance between the H the addition and my shed and um the water issue that's fine okay um so basically I think I I asked him to look I'm not sure if you could find it I couldn't really say exactly um do you know maybe this is a a question for you what that distance was right there like kind of I just want to know how far away the water line is the closest point from the lot line to the blue structure to Cove Road like that corner this corner to here yeah or no I'm sorry Way east to west like right that one up one corner towards Cove Road mhm sorry towards Co Road right there there that to the lot line to oh to this lot line no to like or sorry which so yeah no that's I'm going the wrong way I think yeah you you were right when you were head sorry sorry this corner right here yeah that is 11.1 ft okay so we're we think the water line goes down kind of parallel with those tree yeah is that where we think it goes on mine or his on your I'm just your and is on own so just yours actually so mine is um let's see my water line I think goes down here so it's got some distance so that's looks like 20 ft from the corner of the septic to the property line okay y y and this is not this is the original proposed septic my septic is back here but if it fails it has to go up there that's where Reserve would be okay understood yep I just don't want to get it too close to the house right understand or not be able to do it um so this uh Dimension that 20t corner to the septic um or corner to the property line excuse me the 20 foot setback from a septic to a foundation is per Title 5 code so right if this is 20 ft to the property line we're uh 3.7 ft at least further um for that for that plan right there okay that sounds good Y and um okay plus Plus nowadays the new systems they put in their pressurized systems that totally different than you especially around lakes and water now mhm the system I've seen a few of them put in oh yeah yeah totally so those are all the questions I had thank you very much are your questions all satisfied are you satisfied with the answers ma'am that' be great thank you so you satis ified with with all the answer um yes you know I just would like to see the the the where you know what it kind of will look like as far as that corner and that corner and when they said they would do that that's perfect you should be good okay thank you thank you thank you for coming okay uh back to any more questions that came out anybody on Zoom uh with any questions or nope it is just me on Zoom oh you have any I have no question digital or physical okay would that I uh entertain a motion anyone I'll make a motion that we approve um the two uh requests uh provisionally that um approvals are granted by both the Conservation Commission and the Board of Health and Board of Health requirements are um approved and recorded with the uh building inspector okay do I have a second I second okay I have a motion in a second excuse me do you want to make that condition p in the ground um I I don't I mean we could it's I just you're going to put the stakes we'll put the stakes in okay we're good yeah I mean if you don't they'll call us and we'll know exactly we'll come find you that you know where we are it's a short walk from here okay we have a motion we have a second I'll call for a vote I I I I and I okay so with that uh the special permit is granted two special permits h two special permits yeah they no it's one they come together on this oh okay okay um the speci I have some reading to do the special permit is granted with the contingency that the petitioner complies with all licenses regulations statutes ordinances of any and all applicable local state federal boards or agencies with jurisdiction over the premises a special permit is subject to a periodic review by the permit granting Authority or the enforcement officer to ensure compliance with conditions non-compliance to such conditions will result in revocation of this permit a copy of the board's decision shall be filed with the town clerk within 14 days any party agreed by the board's decision May appeal to Superior Court 20 days after the decision is filed with the town clerk after certification by town clerk that 20 days have elapsed since the addition decision was filed you should have it recorded in the registry of deeds no special permit shall take effect until it has been recorded special permit shall elapse within 2 years unless substantial or use or construction has commenced with that good luck with your new addition thank you very much I appreciate your time okay now if there are no other questions I'll move that we return I'll second that motion second all favor hi I I I and all with that we are adjourned okay um you said L say you reporting stopped what dates do we have