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red all right we're going to call to order our 4:00 hearing um upon the application of Daniel and Kate Daly through their attorney Marian McGtrich at 15 Quarry Lane dated
February 27th 2025 seeking a special permit or variance to build a 28T by 19 and a half foot singlestory addition to the rear of the existing structure the property is located in a resident C zoning district the proposed project
would be built 16.5 ft from the rear lot line whereas article 10 section 275-104A on rear yards of the Milton zoning bylaw requires that new structures or portions of structures to be built at least 30 ft from the rear
lot line therefore a zoning board of appeals hearing is scheduled um in the file on this application we have um the application um for a building permit denied by um our building department
um we have um a letter from Attorney McKetric outlining um what they what the applicants would like to do and why their um lot is to be considered
um problematic and so a need of a variance and special permit we have a plot plan dated uh we have two plot plans one dated [Music]
um or maybe these are the same no one is um No they're different february 25th 19 uh 1925 and one is from before that but we're looking at the one that is going to be from uh February 25th 2025
we have a schematic of what the proposed building will look like um currently and after the project is is completed if that is allowed tonight this afternoon we have a quick claim deed showing that
the applicants do indeed own this house and property surrounding it we have um we have a let's see plan of a plot of a subdivision of Quarry Lane from 1933 at the beginning
of that neighborhood's existence we have a schematic showing um an bird's eye view of the land um and the outlines of the houses and the numbers there's also a property record card and finally we have
um um I'll read it into the um record we have a a letter whatever design or or statement um signed by neighbors it says to the Milton Board of Appeals we have review plans for an addition to 15 Corey
Lane with our neighbors Daniel and Kate Dailyaly we understand what zoning relief from the board of appeals will be required in order to construct the proposed addition and we have no objection to the board of appeals granting the requested le relief and that's been signed by owners of
um 14 [Music] 11 Quarry Lane 21 Quarry Lane 20 Quarry Lane as well as 53 Pleasant Street um whose backyard abuts the backyard of the
applicants so I'm going to turn that over to Attorney McPatrick and um tell us why we um why we should be granting this today attorney MC I'm Marian McCre and I represent the
applicants um this just for some background um the existing house on this lot was constructed in 1878 so this house actually was here long before that plan that you referenced which is a recorded plan of the lot um it's on a
5,595 square foot lot which is non-conforming um and the setbacks that exist in the front and the rear are also non-conforming slightly in front the setback is 18.1 ft rather than the required 19.1 the rear setback is 26.1
ft rather than the required 28.83 ft um and the reason those are kind of odd numbers are that this lot is not regular and it's also small and so there's another calculation of setback um normally it's 20 ft in front 30 ft in the rear but um you can also do a
calculation of um 20% of the depth of the lot for the front setback and 30% of the depth of the lot for the rear setback so in this case those calculations um create a little bit lower setback requirements in both the front and rear but this is still a
non-conforming lot so that's why the surveyor produced two plans for us he produced a plan of existing conditions and of course a plan showing the addition and showing what the setback would be the non-conforming setback would be for the addition we needed to
know um well we already knew that the lot was non-conforming we needed to know what the setbacks were because that's part of how you determine what the standard is for um changing the setback um intensifying it in this case so um what the applicants propose is
constructing a one-story addition to the rear of their house that has a footprint of approximately 565 square ft and it will have a cathedral ceiling um and the proposed addition will contain a family room with a vated ceiling um and then below the addition there'll be a full
basement and the the applicants are requesting this in order to substantially improve the living space in their home um they are a family of four and they have two boys ages 11 and 14 so both the um family room and the
basement area beneath it will give them a lot more living space uh for these for their adolescence at this point and for the rest of the family um the the old basement um dates to the date of house construction it's not useful really as
living space um and so it's somewhat unusual to put a full basement under an addition like this i think it will really improve the amount of space available in this house the current zoning bylaw was adopted in 1938 so this lot and this house are what we call pre-existing
nonconforming um and they're legal as is but when you want to change the structure on this type of lot um if you're going to intensify any of the existing nonconformities uh the standard that's supposed to be applied in that situation is a special
permit standard rather than a variance um and and this um derives from a uh 2019 uh Supreme Massachusetts Supreme Judicial Judicial Court case Bala v the Board of Appeals of Brookline and the
standard explained in that case is that if you're going to intensify an existing nonconformity you must demonstrate that you will not substantially increase any detriment from any detriment that may exist from the existing nonconformity um
so that's the standard that has to be met um for this type of change and that's a standard that the board has to follow to decide whether to approve this requested relief so here um it's a one-story edition it's nicely does it's an architect designed edition um and
it's attractive design from all sides um and yet it will not be so large as to overwhelm this small house or overwhelm neighboring uh houses some of which are not overly large either um so the
applicants started this process by discussing their plans with their neighbors before filing this application and they did that and they were a so when they filed the application they were able to provide these signatures in support of the requested relief um which you see before you now and those
signatures come from all of the abuing properties including the one to the rear so it seems that the neighbors agree um with what we feel is the case here which is that the design is attractive it fits with the house it also fits with the
neighborhood it won't overwhelm the existing architecture and in addition this is a rear also this is a rear edition it's not really visible from the front of the house and from the street um and it will improve overall the value of this house and in turn you know will
improve value of neighboring properties because it's very well designed and though I didn't say this in the application we always ask and I'm assuming the applicants will confirm that the exterior skin of the addition and the windows which you can see in some of the architectural designs at
least the windows will match the existing house so this addition will will be designed the same way as the existing exterior is um that's that those are my um summary remarks um and if the chair wishes um Kate or Dan may
wish to add something um well you've done very well so if they wanted to add something they certainly could um but I think I have enough information to make a make a ruling on okay
is there are there any neighbors that would like to um put in their two cents worth anymore that might have already happened with the um with what they've submitted already no one has raised their hand no one's raising their hand well this um this
this is um certainly a a what um you know special permits are made for situations like this where um this was a house that was settled on this lot um in you know before Quarry Lane was in fact um a lane
um it um on a on a rather small lot which is which is very and somewhat unusually shaped in that it's um you know a parallelogram rather than a rectangle so it's a little bit harder to squeeze things in there but I will agree that this looks like something that the
um the neighborhood can be very happy with it will fit in with the neighborhood and certainly give you know teenagers need their own space um they they take up more space they l about a little bit more differently than people sitting upright in chairs sometimes so um I can see that
the need for this is here it does intensify the nonconformity on the lot but um as Attorney McEtric has said it is um rather um rather on the smaller side and designed to m the visual impact
from neighboring lots so um that's my opining i have I have closed the um um let's see the portion of the hearing where we where we hear testimony on on this from the neighbors
as well as the applicants and so my decision is that we can grant a special permit um so that this one-story addition can be built i um just assuming that as um we had talked about just a few minutes earlier that that will be
built according to the plans that have been submitted to the um to the board of appeals um cuz that will um that that will you will be held to that so um congratulations on your um special
permit and um enjoy living in a larger house with um bigger children thank you very much we really appreciate it you're very welcome do you um want me to draft some kind something for you to work on for this that would be great thank you yes great i'll do that as soon
as I can okay thank you very much you're very welcome thanks thank you all thank you very much thank you and next up we will be hearing the case for 55 Wendell
Park i believe you will be talking to Julia Cash and we do do we have all of the um interested people um able to hear and listen yeah I'm about to promote them now okay all right it's Julia Cash we are
promoting you to panelist and Thomas Mayo I believe is going to be representing as well i'll be promoting Thomas to panelist and Charles Cash and what was that and Charles Cash who
will be promoted to panelist okay well again I apologize that for some reason Zoom is not wanting to show my um my face today i apologize for that but um as long as I can see you and hear your voice and you can hear my voice I think
we'll be all set so we're going to call to order the um hearing on the application of Julia Cash and Tom Mayo of 55 Wendell Park dated March 3rd 2025 seeking a variance or special permit to construct a twotory 12 ft by 26 ft
addition to the left side of the existing structure the proposed addition would be built 7.6 6 ft from the left line left lot line line whereas the Milton zoning bylaw article 10 section
275-10.3 sideyards requires that a new building or portions of a building be set back a minimum of 10 ft from the side lot line therefore we are here today having um this hearing to find out if there are special circumstances that
would um allow this um proposed structure to be built in spite of the zoning bylaw um in the file we have we have the application fee uh
application uh for the um the building permit um the denial letter from the um building commissioner um we have um pictures of the house from the front
and we have architectural drawings of floor plans as well as markups of what the um house will look like um should the um uh proposed structure be allowed we also
have letters that um um are identical pretty identical well I'll anyway um from neighbors at 55 Oh wait a minute you You are 55 no at 61 and
51 Wendell Park your neighbors to the right and to the left and including the um neighbor to the left um who is most affected by this they are um showing support of the plans and that they have no objection to this project moving
forward so I will um ask people that do speak to um state your name and address first time that you speak and um speak up aloud and clearly so we have a record of um this hearing should we ever need
it for future reference so I'll turn it over to um the applicants to tell me about their um their need for extra room and exactly what they're doing and kind of flesh it out for me a little bit
okay hi I'm Julia Cash uh this is my house 55 Wendell Park and my husband is Thomas Mayo unfortunately he's walking around a hospital right now in Seattle Washington because his father is in the ICU and he had to go out there oh dear i'm so sorry at the end of last week so
he's trying to be present for this but he's he's in motion so I don't know why or where he's going but that's what's happening and um we bought this house on Windle Park in 2018 we lived here until the pandemic and then we actually left
for a few years to be with my parents um in Kentucky during which time my father who is an architect who's on this meeting Charles Cash helped us to come up with a plan to make this house more feasible for us to live in with three uh
soon to be teenage daughters i have one at the high school one at the middle school and one in the elementary school here in Milton right now and so we we've we've looked at a lot of different options and this is the one that we feel like is going to be the least intrusive
not to mention we have a lot of granite in our backyard uh you live in New England not Kentucky that's right that's right that's right um and yeah anyway so this these are our plans and I'm going to let my father who has done the drafting in conjunction
with with several local people here um talk more about the plan and what it is because he understands much better than than I do okay thank you Madam Chair this is Charles Cash of 500 Upland Road in Louisville
Kentucky um I'm an architect and planner by profession and um have uh developed the scheme that I'm about to show you i would echo the comments I made in the previous case that um um the house I
believe is 35 or 36 1935 or 36 so it predates um the current zoning uh its position on the site um was exactly as shown in the survey so it's 7.6 ft on
the left side not conforming to the current zoning so it has a non-conforming situation um and uh what we are doing is is simply to build on top of that uh sun
porch and screen porch on the side and then build toward the front uh to accommodate an entrance uh at um grade u directly into the house and up into the
um kitchen and living space um so it's fairly straight in terms of um how we're doing it it will not extend beyond the current um wall line um uh to the adjacent
neighbors um and it um will be treated with the same materials windows um roof line etc um that conform to the existing house um you can see images um in the um
uh presentation of what that would look like i also have a PowerPoint if you'd like me to run through that with Sure i'm sorry sure that would be great the PowerPoint okay
uh can you allow me to share screen yep you should be able to let me just Yep you should be able to share okay there it is sharing is not turned on okay there you go all right let's see if that does
it aha so you're able to see the image on the screen now yes I am okay let's get to full screen and so that is the um front of the house today typical somewhat
colonial inspired building that's built into the side of a sloping hill um there's the plot plan from uh Boston survey um the hatched areas show the
existing outline of enclosed space and then in the heavier darker outline the expansion of the front and the rear to accommodate um the changes on the second floor um there's the schematic plans as they
currently exist if you can see my cursor at the basement level there's a new stairwell that's introduced access directly into the basement uh to increase um storage uh for bicycles and things like that um a a bath is added
down there and then as you move up through the house the kitchen is actually relocated into the addition um uh from its current location my my daughter is a professional musician and uh can utilize the other space as a
music room and teaching studio and then on the second floor the uh it becomes uh the master bedroom suite with um walk-in closet and a large uh
bathroom attached directly uh with three daughters they need that i was one of three daughters and three sons oh boy we understand um so I apologize for the quality of the photographs these were shot to look at
the sideyard conditions not to show the house to advantage but um here you see the right hand side of the house as it as it is today and then the u image of what it would be in the future um uh
again matching the windows matching the details uh on the roof line and cornerboards uh even repeating this um fan light um uh sunburst sort of pattern
uh above in the the window joinery um and then from the left side um the idea of the addition as it would be primarily viewed by the adjacent property owners uh these windows are a a
repeat of the windows that exist in those locations today on this floor but in this case they would light the twotory stairwell and then on the rear uh to maximize space a bay
window the enclosed porch on the back of the house um and extending up to the second floor so I think that's everything I have to show you i'm happy to discuss or answer questions well no that is a great
presentation it's um it's very attractively designed um let me see is is there anyone else that would like to um be heard on this application bill no hands have been raised no hands okay
well then I'm going to close the evidentiary portion of the hearing and decide on this application right now um this is um certainly we we understand the need for more bathroom space and as
uh young girls get to be teenage girls they do need a little bit more room and a little bit more bathroom time and so etc so um there is a need for this and um given that um the the the dimensions of the of the
nonconformity will be extended somewhat in that it's going to be a twostory um structure at that end of the house rather than the onetory that it is right now and um that it will be slightly deeper into the yard in the front and
back um it is an intensification of the um nonconformity however um it's not asking for you know a whole lot more than that it's not encroaching more on the neighbors to the left hand side other other than it being you know a
little taller a little wider a little longer um but not wider um and it's so it's a it's a modest um it's a modest application that it's going to give a lot of um benefit to the family that
lives here over the next many years so um I am um I'm deciding to uh grant the special application for this intensification of the nonconformity and so that it will be a legal um
um building that is um non-conforming um you will want to um so what what happens is um I write a decision on this that is submitted to um
Bill and our town's um town clerk who um stamps it and then there's a 20-day appeal period that people that um didn't come tonight or this this afternoon to say anything about it have another chance to do that um however that the
instances of that happening are rare but we do have to do that so once the 20 days are up Bill will let you know and at that point your building permit can be um applied for and obtained um this also needs to um be done within a year
of the date of the um final decision when when then it's clocked into town hall if it looks like for any reason you're not going to be able to do that within that time frame um you need to come back to the board of appeals to ask for an extension on that but don't do do
that you know a month or so ahead of time so we have time to advertise that um in the paper again and um and extend that for you before it actually runs out and you have to go through the whole process again which would be you know annoying for everybody right so um so
just keep keep um keep in mind when um that needs to be completed by so but Bill can help you with that as well so um congratulations on your um on your special permit and variance and I wish
you much happiness in the home for years to come thank you so much thank you we appreciate You're very welcome thank you you and are we adjourned we Oh we are
adjourned yes because I I can I can nominate and and well not not nominate i can move and second myself I suppose right just want to make it official for the record okay we are adjourned thank you very much thank you Bill good day to all
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