says he stays and stay in school after the program. >> It's 7 o'clock on Wednesday, May 27th, and I will call the zoning board of
appeals to order. Um, I have with me in the room Sean Zan, John Banerys, Colleen Moore, myself, Sarah Melish, and on Zoom, uh, Georgia Pendercast. It's only available late 15 because she's at the
airport. Um, this is a hybrid meeting. Um, and it is being recorded. The first application on the docket is 22 Rockwood Heights.
However, I don't see the applicant here. Are you the owner? >> We're the owners. Yes. >> But no, I'm sorry. It's all right. But >> that's all right. We can start. >> But okay. Yeah, I'm sorry. >> Um,
>> would you like to explain to us quickly what you're doing? >> Um, yes. So we are uh converting we have a the entryway to our home is like like a covered course is a strong word but but a small entryway area that's covered
and we are looking to enclose that expand it a small amount like a couple more side um and convert it to a covered enclosed entryway and then also that helps to changing the stair access which is kind
of steep at the moment. And I mean, and so we were hoping to bring those stairs out a bit and make it a slightly lower incline to access them, but that's really that's what we do. Closing an existing space, enlarging it in a
minimal way and but it would become like a you know, mud room entry type. >> The stairs will still be in the front. >> I mean, Rockwood, right? I know our house is tied.
there. Yeah, we on the lot, but uh that's right. As you face our house, the garage, you know, you're looking at the garage as you come up the driveway and the uh proposed bedroom is on the left and then those stairs that are currently
there will just be moved slightly to the left and more of like a little bit of a curve to enable us a lower angle of a set, >> right? We we walked up your driveway yesterday and I said, "Oh, that driveway
is steeper than mine." >> I just I thought badly I think I saw I didn't realize who you were because I was like, "Oh, please park up here." But um yes, that's right. >> I don't back down. So that looks like I might have to back down. I don't >> usually right. That's the preference, right? Exactly. >> Okay.
>> Um so it looks like based on the information I have, you're expanding at about 52 square feet. Does that make sense? That probably that sounds right. >> I'm not sure exactly. >> That's right. >> I think he said that you were going
>> and then foot further into the setback and then further back >> and then further back right which is not the set but >> right. >> Part of that is to also be able to cut the edge of the house a little better
because we do have high stands and bicycles sometimes that come down. So we're getting drip down on the stairs plus concern over the icicles. >> That's right. >> So we're trying to make a bit of a safety issue as well.
>> That's right. So >> am I correct? The house was built more than 10 years ago. >> Oh yes. 86 I think it was. >> Okay. I'm just surprised that you're in the setback. >> Oh, I know. You know >> built after the zoning was in effect.
Yeah, I don't I don't know what to say about that. Yeah, it's um the original house. I mean, I guess it's just an odd way that lot kind of comes in, but um yeah, I'm not sure
if we put did a lot of work on the house originally. The original stairs were Yeah. just sort of came up. I'm not sure honestly if the original stairs might have been and the setback I'm not sure.
>> Okay. >> Those Yeah, I know there the house. >> Well, if if >> it's been changed. Yeah, it would been changed probably. >> And did you do it under with a building permit? >> I don't even I don't know if those stairs were done with a to be honest.
Okay. >> Sorry. Yeah. >> It makes a difference. So >> Oh, okay. >> Just make sure if you make changes in the future permit. >> Yeah, totally. Yeah, absolutely. >> Once it's been up for 10 years and
you've paid taxes on it, we can let it >> stay. But if it's less than 10 years and it wasn't under a building permit, then we can force it to come down. >> Yeah. Yeah. What's there for 12 years? Okay. Um,
Colleen, do you have any questions? I do not. John, >> no. >> Sean? >> Uh, no. >> Um, Georgia, do you have any questions? >> No. >> Thank you. Um,
I don't have any questions. It seems self-explanatory. It's my understanding that currently you're in the set bath. We had nothing from any adviserss. >> Right. We got a letter from 24 Rockwood
supporting it. And now you from 24 Rockwood. Would you like to speak to it? >> Look at this. It's not affect. It's going to be approved. >> Thank you. >> Have a nice health.
>> So it's currently 17.2 from the setback and it's going to 15.4. So, it's less than two feet. >> That's right. Okay, Gary. Um, yeah. Is there any member of the public on
Zoom that would like to speak to this application at 22 Rockwood Heights? If so, raise your hand. >> Um, sir, could you just state your name and address for the record? >> Oh, yeah. It's 241.
>> You're on the left. >> We are public for a second. >> Yeah. >> So, we good? >> Yep. >> I'll close the public here. Um, I move to close the public hearing and have the board enter deliberations with respect to this application. Do I have a second?
Second. Colleen seconds. All in favor? >> John? >> I. >> Colleen and Sarah. >> Um, this doesn't seem particularly egregious
to me. There seemed to be a well of trees, evergreens between the two lots that seem to divide it. What are people's thoughts? >> It's pretty straightforward. >> Okay.
>> Yeah, it's straightforward. >> Will impact. >> Yeah. >> Okay. I will make a motion. I move to approve the application of Gary Urine GC Urine Custom Builders Inc. on behalf of Ira and Susan Evans for a
special permit under section 7.2 and 12.5 of the zoning bylaw and other relief as may be necessary and enclose it for use as an entry at 22 Rockwood Heights.
I skipped on to expand by about 52 square feet an existing non-conforming entry port which encroaches into the side setback and enclose it for use as an entry at 22 Rockwood Heights
assessor's map number 32 lot number 116 in district A file with the town clerk on April 16th 2026 based on a finding the proposed project is in harmony with the purpose and intent of the bylaw will not be more
substantially more detrimental or injurious to the neighborhood in which it is located than the existing non-conforming open entry porch and the requirements under section 12.5.2 two zone bylaws with a grant of a
special permit have been met based on the following conditions. The structure expansion is located as depicted on plot plan. Plot plan prepared by Gateway
Consultants Inc. dated 115 26. The enclosed entry is constructed substantially in accordance with a.1.1
floor plans and a2.1 elevations prepared by Luciano architecture dated March 11th, 2026. Do I have a second?
>> A second. John second. Any discussion? Do we have any discussion? Georgia, >> no discussion. >> Um, take a vote. Sean, >> approve. >> John, >> approve. Colleen, >> approve.
>> Sarah approves. >> It will take, it might take us a while to write it. Uh, who would like to write it? All right. Colleen will write it. Who would like to review it? >> I can review it. >> Sean will review it. Okay. We'll try to be fast, right? >> We will. Yes.
>> Thank you. Appreciate your time in >> Thank you. >> Anyone wants to sit on the ZBA? We're looking for members. >> Yeah. Tell >> I assume that's your house. Um >> the next um application on the agenda is
for 138 school street. Sorry. I move to open the public hearing for the application of re Reese Pacheco and Anelise McBride for a special permit
under sections 5.4, 7.2, and 12.5 of the zoning bylaw and other relief as may be necessary to remove, rebuild, and expand an existing
non-conforming garage. add a second floor, attach it to an existing non-conforming residential structure, attach the garage, replace and expand an existing deck with a larger deck, and extend the second floor over the deck.
and a and variances under sections 5.3 and 12.3 and other relief as may be necessary to connect the existing nonconforming detached garage with a residential
structure and expand a conforming deck and extending the second floor over the deck to the rear, creating two new primary structure setback nonconformities on the inside and the rear. at 138 Summer Street, assessor's map
number 39, lot number 61 in district A, filed with the town clerk on April 22nd, 20 27th, 2026. Do I have a second? >> Second. >> Seconds. All in favor of opening the public hear. Sean,
>> yes. >> John, >> yes. >> Yes. Georgia, >> yes. Yes. Okay, you need to explain to us what you're doing. Um, I'll be honest, I'm
still confused. And one of my points of confusion is that we have two plot plans. one dated April 21st which was stamp is received
on May 26th and one dated April 27th and all the floor plans are dated April 21st. So I'm not it's not clear to me which plan is correct. >> Sorry but thank you for the opportunity here.
uh we initially put it in our application and then uh progress to the floor plan we made some changes instead rethought it a little bit. So that means we can resubmit it and go back through the whole process um but the overall structure we're
actually we're we're in within the bounds of what we set out to do. So >> can I just ask I'm sorry could you tell me who you are because I don't I wasn't I wasn't part of the walk through the other >> Yeah. Yeah. Sorry about that. >> I was so hi I'm Ree. Okay. >> My wife and I live at 138th M Street. We
moved here in 2023. We did not have a child when we moved here. We now have a child. >> That is largely the driver for trying to expand our space. >> Uh and we fell in love with the neighborhood. Uh it's great. We love our neighbors with the plot that we're on. But it's a small lot, non-conforming,
parallelogramshaped on the corner. So, it's just kind of a tricky place to expand. And so the thought behind the the the project was we have an old singlecar detached garage that needs work with take that down, rebuild it,
put space on top and attach it to the house. That would then make it not an accessory structure but part of the main house and it would put us a little too close to our neighbors on on our east side. And in the plans to try to do it,
we tried to stay within the existing bounds of the building, but we're of the garage piece, the addition, but we're coming forward a little bit, which will reduce our our, you know, now non-conforming um from 17 ft 15 and 12 ft. And so we
spoke with the rerses. I actually per your suggestion Sean and Sarah, I got a letter from them signed if you want it. um spoke to them and you know they are okay with the plans. The idea is to >> tear down the garage, rebuild it, add a
bedroom and a playroom on top and attach it to the homes because there's currently like a gap between the two. >> Yep. >> It's just kind of lost space. >> I did drive by. I was the creepy person sitting out in front of your house the other >> So that was you. Totally fair. No, totally reasonable to
check it out. for maybe. >> So, are you changing the second floor of the main house, too? >> Yes. So, >> okay. >> The original plant when we submit. So, as you can see, I'm doing this here. We're working with an architect and the builder. Uh, but I drove the process of
applying. So, maybe I didn't do this perfectly. I'll admit that. um to do the project and attach it. We want to be able to walk from the top of the unit above the garage to the main floor, make that all connected. So to do that, we
have to do work on the main structure as well. And so the thought was if we're going to dorm or like that space within the house, we're not increasing footprint of the home, but we're expanding inside currently. Um we got like a knee wall that's just like lost
space that gets damp and you know, I worry about rodents and whatever else y there. So, the thought is expand there as well. Uh try to create a beautiful space, but we're largely staying within we are
staying within the footprints of those buildings currently. >> But but the applica the thing that confused me is on the application >> didn't talk about the renovation. main house, right?
>> Well, didn't we? Yeah, we had to ask for floor plans, but >> should I have >> But the the other thing is on the application, it's saying that currently you conform with the rear setback
and now you're going 35 ft. So you're asking for a variance with respect to the rear setback and it's not clear to me why and what what is in the rear setback is it looks like the addition
is 40 ft >> we were staying within the setback on the >> okay is the >> now your application changes it from existing is 40 to 35. >> Yeah. Reading the application, it's for me it understood it as relief for a side
setback and in the rear. >> Yep. >> Right. >> Yeah, I did too. >> And it looks like the major difference between the 421 plan and the 427 >> the deck. Well, it's and yeah, the overall square footage you see level one
631, level two 631 and then on the prior plan it's less square footage. Level one and level two. >> So, so are you expanding the deck in the back? >> There is. So, there is no deck in the back. There are steps off the back of our current main structure.
>> Okay. >> That will be taken out as we redo that. It's literally just like a landing and stepped down. And then the thought here is to create a little bit of a deck. What's currently there is a chicken coupe that goes unused. It was there when we bought it. And so
we'd like at the very least we'd like to get rid of that. Um I believe the new plans are conforming, are they not? >> I don't know which are the new plans. I mean in the the plans from 421
it showed proposed covered debt. In the plans in this that's a site plan. In the site plan from 427 it doesn't have that depth but it looks like the
I is the second floor of the addition extending beyond the garage in the rear. >> It would cover the deck. >> It is covering the deck. Yeah. >> Okay. So, it looks like the deck
is only 35 ft from the rear setback, which is another variance. >> Okay. Sorry. >> Well, it does say 30. It says 35. >> Is that to this? >> It says 35 on on the application. Yeah. Right.
>> Yeah. Reteer existing was 40, right? Requested 35. That's what you're looking at too, John. Yeah. Right. >> And that's from the 35 is from the the setback to the your >> Sorry if I >> covered deck, right? Proposed covered
deck of the stairs. >> Yeah. If this if the second floor is completely covering the deck, correct, >> then we should measure from the point of that deck to the to the rear line. Correct, Sarah? >> Yeah. And this one from 427
says 50. It says 40. But then there's something showing beyond the addition. It says 35. >> I'm looking at this. >> Yeah. >> That's to this >> and this is to the addition.
>> Oh, I see. >> 40 is. >> So what's is there something beyond the addition on the first floor? That's what this is showing, right? >> I seems. Can you come here so we can >> What she's saying is that that part
looks like a deck. >> Yeah. >> So from here to there is 35 ft, but then from from this point to here is 40 ft. >> So if this is a deck that's covered by the second floor, then >> here >> shouldn't it be >> here?
That's what we're asking for. >> Fine. >> Right. But it looks like the deck is not covered. Oh, here it was. Sorry. >> It says covered wood deck on this floor plan from 421. Right. You have this plan, >> right?
>> Yep. >> Yeah. It's just it's drawn first floor. >> It's drawn differently. >> And then we have the second floor, floor 21. And it has doesn't administer. >> That's your second floor. No, that's the
second floor. Yeah. It doesn't have the measure on it, >> right? So, >> oh, >> in here. >> Do you you figured it out, John? >> No. >> Um,
>> I think the st I think it's the stairs going down from the deck. >> Yes. Oh, I see what you're talking about. Yep. On the back end there. Yeah. >> Yeah. >> So, that's the stairs from the deck that goes from 40 to the 35. This >> Where are the stairs? right here at the
end of the >> the stairs run the whole width. >> Yes. >> Oh, okay. >> Okay. >> And the addition is going over this covered deck. This deck. >> I see. >> Yep.
>> Because the garage is only down right there. >> Yeah. Is only 260. That's fine. >> And the addition is Yeah. more than good enough. So his 35 is to the corner of
the corner of the stairs. Stairs. All right. >> Yes. Thanks. Um So then is the rear measured from the stairs or from the actual structure like the footings?
>> Are you looking >> I'm looking for the definition of structure? >> Well, in any event, it's less massing. >> Yeah. >> And and >> it's not like >> the structure is further back. So I mean
that's helping the art. >> So, can I >> Annie McBride? >> That's my wife. >> Okay. Peter McBride. >> Yes. >> Oh, he has his hand up. >> Um, Peter McBride, would you like to
explain this to us? >> Please unmute yourself. >> Can I Can I chime in? Is that all right? Great. I was trying to get someone someone's attention. So, I'm uh I'm Reese's brother-in-law and um an architect out in the Hamptons and I'm trying to help him with this little addition that we put together um
pretty quickly. That's why we had that change. So, I apologize for that. But, um just to clear stuff up in this current uh we no longer need that 35 ft in the back. It would be nice to be granted it to have some extra room, but in the current plan that um I think we
all like, it's 40T. It's 40 ft um to the structure on both the first and second level. I apologize I don't have elevations in there so you can see that. But the end of the second floor like the exterior wall of the second floor will line up right with those columns at the
end of the deck. So we just need um that sideyard relief for the sideyard setback. Um we have there are going to be um two stairs down from that deck. I I believe I do show them running the entire length of the deck.
>> Um if that's if that's problematic and that's going to get in the way of uh us getting the sideyard granted, we're fine just taking that down to whatever you know the maximum for an egress stair is like, you know, five feet or six feet or four feet, whatever the code is in code. >> Stairs are not included in the
definition of your structure. >> Yeah, that's what that was my assumption. Um, >> so the stairs don't matter. >> So it's really just a side d. >> So we actually, yeah, I think on the initial application he put down 35 ft
because that's what it was in the in the former version, but we, you know, now we're at, you know, we're maxing out almost our um almost all our sight coverage. And so we don't really need that extra 5T. It would just take us into another another variance if we took any more space back there. So really
just the sideyard is all we're asking for. >> When I look at the site plan, >> there's a dotted line in the rear, >> the one dated 427. Yeah, it's a it's a little unclear on because it's it's my it's my plan laid
over in existing handdrawn site plan that we were given. Um, so it's, you know, it's not as refined as I would like, but essentially if you see anything that looks like it's drawn on there, >> it is uh it is the existing garage and chicken coupe.
>> So, you're not going as far back as the existing garage, though. >> Correct. Correct. >> Okay. So, we're actually making it conforming in the rear yards. >> Good. We like that. This is good.
>> That's what >> Yeah, >> that's the existing. >> These are not the type of plans we usually receive. So, it's >> Well, this was this was a you know, we wanted to get it ahead of you guys
today, not you guys next month. So, this is this is the this is the army we're going to war with. >> Okay. We do have >> we do have the floor plans for the whole house, >> right? There are some correct. >> Yeah. >> Um we have a letter from Teresa Ramirez
dated May 27 to the zoning board. My name is Teresa Ramirez. I live at 140 Summer Street with my husband Jorge. We share a lot line with Ree Reese Pacco and Annie McBride at 138 Summer Street. We've enjoyed having them as neighbors.
I am writing in support of the renovation that Annie and Ree are planning and seeking approval for. They showed me their plans and we do not have any objections. So, this is their butter on the side with the variance. So,
so this is a situation that occasionally we've approved in the past where there's an accessory structure that meets the setback for accessory structures and then they want to connect it to the
house and it doesn't meet the setback for the primary structure which requires a variance because a primary structure setback is different from accessory structure.
So it's construed to be a new nonconformity. Um, now the ones we've approved in the past basically been garage hasn't changed its use and they've just been making an
attachment. This one's adding living space over the garage, >> but tear down the existing garage. I think that's important to note. >> Yep. Put it in the same place. Right >> there. It's my understanding that >> the line of the garage,
east wall of the garage will be in the exact same location as the current east wall of the garage, but it's coming forward. >> Coming forward still within >> but not as far back. >> Not as far back. >> Correct.
>> Okay. >> And you got our lot. It's a parallelogram that brings us closer to the reef >> in the front. Yeah. >> Um George, did you have questions?
>> I don't have any questions. >> Okay. >> Is there any member of the public on Zoom who would like to speak with respect to this application? If so, raise your hand and zoom. Okay. >> Um,
do you have a question, Sean? >> Uh, just which floor plan am I going by? a newer one. So this the 420 hatch from south 427. >> The floor plans we have are from 421. >> Yeah. Okay. Well then he has a plan
that's for 427 >> different floor. >> It's the site site plan. >> It's the site plan. >> Yeah. >> No, I'm just saying for our thing we have to have the right floor. We dropped off four plans Tuesday. You'd ask for four plans,
>> right? But the confusion is is that on Tuesday when you dropped off the site plans, the first page is stamped. >> Okay. Which is site plan that stated 421.
However, we have one from 427. Is the 427 not correct? >> That should say five. I guess that's a different >> It doesn't show the deck.
>> Well, what it does do, it does. It is the same. >> It's >> the inner flow plan >> 427. No, we only have one set of inner flow plans from 421. But if you look at this one, it's different than what's on these.
>> But it's more >> even if you go over to the new one. That's why I'm saying it's like almost like this shouldn't get in there. >> Monday to 42. The the one from 421 does not show the addition going over the
deck or it shows a larger deck. No, it doesn't show the addition going over the deck, but the one on 427 shows the addition going over the deck. >> Yes.
And that's the one where the addition goes to 40 feet from the rear side chart. So it's the one from 427 that's correct even though we received this one from 421 on May 26th.
>> Yeah. And that's because originally we were considering doing like a laundry room back there and we changed it to a deck to create a little bit because we were losing the landing uh that we have currently in the middle of
that's what that change was in a more open space. That's That's our fault drawing purple making your job harder is okay. Let me look at So on these this floor plan, this
basement and level one, it's got a half bath. It's got an open mud room. So that seems to agree with the site plan from 421. >> 421's match. Yes.
>> But you're saying the additions going further. >> This one this one here. If you look in the >> Yeah. >> In between the one doing 427, the floor plan's not the same. >> Right. I mean, you're you're saying that the addition is going
back is going over the deck. >> That's the idea. Yeah. So it's a little bit of covered space, >> but what we have does not have it going over the deck. >> Covered deck. >> The 421 says proposed cover deck. The 427
>> the 420. So the the one from 421 does not have the second floor of the addition going back to within 40T of the rear lot line. Peter McBride, can you help clarify this for us again? And I'm sorry.
>> You're right. >> Oh, not not a problem at all. So, um I'm not sure exactly what submitted, but what I handed along to them were uh three 24 by 36 sheets. And I think I just didn't change the date. I didn't update the date on them. But when you
print them out, there is a time stamp that runs vertically on the lower right hand corner. Um, all three of the sheets should have a stamp that says 521 on them, >> which was just a few days ago. >> Got it. >> Yeah, see. Okay. >> Got it. >> So, so you should have um all three of
those sheets should be the upto-date ones and the and any other any other sheets that you have, just get rid of them. They're they're no longer part of the application. >> Plan with colors is no good. >> The 427 plan is actually the older plan. >> Yes. That's what I'm saying. The best thing that can be.
>> Okay. So, that's Yeah, maybe that's what it is. >> I think he likes here. >> Well, listen. >> This is pro bono. >> Sorry about that. You have what you pay for, right? >> Um, >> we're very lucky. He does amazing work.
>> So, the one received by May 26 >> is his match. These all this site plan matches. So I have no >> I'm good. I have no further questions. >> Yeah. >> So the addition is not going fully over the covered gap.
>> The addition uh no the back of the addition and um and the I don't know if it's north is north towards the rear. Anyway, the the face of the columns and the face of the wall of the second story edition should be co-planer. So that 40
that 40 foot setback is for both the first floor and the second floor. >> Okay, that makes sense. >> So we don't need a variance for that. >> The sides. >> Yeah, I just wanted
to clean it. >> Apologies for the confusion. And I promise when this gets submitted to building it'll be a much better set. >> So we have four planes ready. They all match for >> it backed
529. >> Okay. Do you have questions, John? Are you all set? >> Yeah. >> Colleen, >> I don't have any questions. >> Do you have questions? >> No question. >> Do not leave your luggage unattended. Unattended.
>> Don't leave your luggage unattended. >> Yeah. Thank you. >> Sign off at 8:15 because she's got to get on a plane. >> Well, the flight's delayed. Oh, >> so I mean I I'll be here but um it did sound confus but I heard all that uh
context and so I it's now clarified to me. >> Okay. >> So are we okay with this? >> Yeah. Straightforward. >> Um there's nobody on Zoom to speak. There's
nobody in the room. Um, with that I'll make a motion to close the public hearing and allow the board to enter into deliberations on this application. Do I have a second to close public hearing? >> Second
vote. Sean >> Georgia. Okay. So, the variance requires a hardship, right? And I think I'm going to do a motion on the variance before I do the special permit because if we don't grant the variance, then
>> the special permit is moved. Um, it seems to me that one could argue that owing to the shape and size of the land with frontage
on two streets, it would be grounds for variance. >> Yeah. I mean, especially that right side, the way the lot's angled, >> the shape of the lot, >> that's what ultimately creates the situation that he's in,
>> right? And it's not it's not egregious. >> No, >> it's less than 5T until >> Right. >> It's two additional feet. >> Yeah. And it's not all the way it's not
even all the way up. It's >> right because the shape of the It's just that very front corner. Yeah. >> Yeah. >> And it's not going as far back. >> Which is good. Okay. Um,
so are you ready? Let me make a motion. >> Yep. I move to approve the application for a variance under sections 5.3 and 12.3 of the zoning bylaw and other
relief is may be necessary to replace an existing non-conforming garage, attach it to a primary non-conforming structure and add a second floor over the garage and an expanded deck.
which encroaches into the east side setback at 138 Summer Street. Assessor's map number 39, lot number 61 in district A. File with a town clerk
April 27th, 2026 with revised plans submitted on May 26, 2026. based on a finding that owing to circumstances relating to the shape and
size of the land with frontage on two streets, especially affecting such land and structure, but not generally affecting zoning district A in which it is located. A literal enforcement of the provisions of
this bylaw would involve substantial hardship, financial or otherwise, to the applicant, and that the desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially varating
from the intent or purpose of the bylaw based on the following conditions. The addition is located as depicted on asterct A0.1 site plan
prepared by MAD McBride Architecture Plus Design Enterprises dated 421 2026 date stamped
521 2026. The project is constructed substantially in accordance with floor plans prepared by MAD McBride Architecture and Design Enterprise dated 421
2026 date stamp 521 26 Aster A 2.00 00 floor plans basement and level one asterric A2.10
floor plan level one level two roof. The east side wall of the garage and second floor remain in a straight line consistent with the existing garage while extending
further towards the front. You okay those conditions? >> Those are my conditions. Yes. >> Yeah. >> Yeah. Yes. >> Um I'll take a second. >> Second. >> Colleen second. >> Colleen's on fire tonight.
>> Any any discussion? >> Colleen. >> No discussion. >> Oh. Oh. Take a vote. >> Oh yes. Yes. >> Sean. >> Yes. >> John. >> Proof. >> Georgia. Yes. >> And Sarah, yes.
I further move to approve the application of 138 Summer Street for a special permit under sections 7.2, 5, 5.4, 4
7.2 and 12.5 of the zoning bylaw and other relief as may be necessary to alter and expand a non-conforming residential structure with attached garage and second floor over the garage and an expanded deck.
I guess I should say and the second floor over the existing house, existing structure and garage, and an expanded deck on a non-conforming
lot at 138 Summer Street. Assessor's map number 39, lot number 61 in district A filed with a town clerk on April 27th, 2026 with revised plan submitted on May 26,
2026 based on a finding that the proposed alteration and expansion of an existing non-conforming residential structure with attached garage on a non-conforming lot is in harmony with the purpose and
intent of the bylaw will not be substantially more detrimental or injurious to the neighborhood in which it is located than the existing non-conforming residential structure with detached garage. And
conditions under section 12.5.2 two of the zoning bylaw for a grant of a special permit shall be met based on the same conditions as those imposed under the
variance above. >> Do I have a second? >> Second. >> Second. >> I was getting a lot of encouragement from that side of the table. Any discussion? >> No. >> We're good. >> Ready for a vote? Yeah.
>> Sean, did >> you say Sean or John? >> Sean >> approved. And being John >> approved >> approved. Georgia >> approved. >> And Sarah votes yes. I can write this
one. Who would like to review it? >> I can review it. >> Sean will review it. >> Okay. >> So, you're all set. >> Oh my goodness. Thank you. appreciate it. Thanks for thanks for your patience. Thanks for this is my wife leaves the
sustainability committee and like come to work to work. >> We need people tell your friends I hear but it looks hard. I I don't I couldn't figure out what I even I'm doing. >> Once a month. >> It's like the mafia that once you you're
in you can't get out. >> Thank you very much. Really appreciate it. >> Yeah. Thank you. Um, we'll write it and then there'll be a 20-day appeal period >> from anybody else who wants to >> anyone who wants to appeal. Um, we have up to 90 days to write it. We should be
faster than that. Great. >> Um, and you can um, the building inspector will issue a building permit after it's filed before the appeal period is up and you can go forward at your own risk. So if somebody were to
appeal it, you'd have to tear down what you did or stop wait for the appeal. And >> we spoke to everybody in the neighborhood like two doors within two just and it usually most people are like, "No, I don't care." >> It usually takes a while for construction to start once you get the
gohead. >> Thank you very much. Please. >> Okay. Administrative matters. the minutes from April 22nd, 2026. I have one change
on page four. The first full paragraph, three lines above the conditions, it currently says will not be substantially detrimental or injurious uh to the neighborhood in which it's located and
the existing non-conforming. It should be will not be substantially more detrimental or injurious to the neighborhood in which it is located than the existing non-conforming residential structure. We have one concerns with that amendment.
>> No. >> Uh any other changes? >> I make a motion to approve the minutes from April 22nd, 2026. Do I have a second? >> Second. >> Um
a vote. Georgia >> approve. >> John >> approve. >> Approve. Do you want to abstain because you weren't here? >> Yeah, I was here. >> Okay. And Sarah approves. We don't need you. So, we let you
um status of the decisions. I believe you have a decision. >> Thank you. I'll write this. >> Okay. Um applications for the next meeting. The only application is 64 Beach Street, which is the split level at the top of
the harbor. If you're walking towards the beach on the left, you've got Salad Master in that row and then there's this house that's set back. >> Um, it's a newer house. Um, it's before you get to Dusty's ice cream.
>> It's sideways house. >> No, it's after Dusty's sideways. >> Sideways house. Yeah, it's after Dusty's before the old soda shop. Um, they're proposing to put an entrance on the front. Oh,
>> and because it's district A, there's a 40 foot set. >> Oh, but nothing on that street is 40 ft. So, they're coming into the front. >> I can't even picture an entrance. >> Well, they've got to be completely re There's no entrance on the front now. It's on the side,
>> right? >> Yeah. >> That's what I'm saying. I can't picture an entrance on the side of a raised ranch, >> right? I know. I know. Yeah. So that and so I decided since it's easy to drive by and the additions on the front that we would have a formal site visit and that
we just let by drive by. Is that okay with everyone? >> Um and both Colleen and Sean have graciously agreed to be reappointed to
the ZBA. Congratulations. >> I don't know what that point. >> Thank you. >> To the full >> fulltime position. >> Okay. So, is that just one year to finish up his or three? >> No, he was due. He was due >> he was due to as well.
>> Yeah. No, five. >> Three. It used to be five. >> Good. >> Yeah. They dropped. >> And as you know, we desperately need people. I expect we'll get a 40B application in the fall. >> Saw that. >> Yeah. Um
>> yeah, I've reached out to a few people, but they're like, I'm already on three other committees or >> I'm thinking of writing a letter to the editor. >> I was Yeah. >> And um >> because the challenge we have is that now last year we did the last time we
did the 40B, didn't we meet like twice a month? >> Yeah. >> Yeah. And it was separate from the ZBA meeting. So, >> okay. And it was co so people weren't traveling. >> Yeah. >> But under the Mullen rule, you can only miss one public hearing and still vote
on it, which is really problematic when it spreads over multiple months. >> You can be hybrid, though. >> Yes. >> Um, but I'm going to talk to the town administrator and see if there's a way we can get out of that Mullen rule.
>> I heard something that maybe it's not required. Um because nowadays you've got the recordings. So if people are willing to take the time to listen to the recording, I don't see that. >> Yep.
>> You know, it just seems to give more leeway, but we'll see what happens. I don't know if that's what happens. >> Okay. >> You making a motion? >> A motion. Can I'll let you do that. >> Make a motion to She was halfway out the door.
>> Second. All in favor? >> I thank you guys. >> Thank you, Georgia. >> I Thank you guys. >> Have a good night. >> Left my phone tomorrow. And you speak.