##VIDEO ID:https://videoplayer.telvue.com/player/994DtmGEsi0VDYK3jJI2BJ72GfgNIpU2/media/917274?autostart=false&showtabssearch=true&fullscreen=false## <v Speaker 1>Welcome to the Board of Appeals.</v> Before we get started, simple ground rules. Treat everyone with courtesy and respect. We don't necessarily need to repeat everything that's been said before us. If you agree with the position that's been already laid down, you can just say, I agree with that. Position. Helps move things along. Address only the board unless we direct you otherwise. And I think those are the rules. And before we get started, we have a public speak section where any individual may raise an issue that is not included on the agenda. It'll be taken under advisement by the board. There's no opportunity for debate during this portion of the meeting. The section agenda is limited to 15 minutes. And any individual addressing the board during this section, the agenda shall be limited to five minutes. Does anyone have anything that's not on the agenda tonight they'd like to address? Hearing none. We'll go to the first. Me First hearing is years ago continuation of public hearing for five Scarsdale Road, an application for five Scarsdale Road Realty Trust for a finding and variance for MGL Chapter 40 a section six and 10 of the Natick Sonic bylaws and section four B and I'm sorry, 40 a section six and 10. And the Nat Sony bylaws, section four B and five A. The applicant proposes to construct a two guard garage and the preexisting nonconform law is shown on the plan. Submitted. Do we have anyone here for five Scarsdale? Okay, we know what's going on. <v Speaker 2>They didn't say they weren't coming. Alright,</v> <v Speaker 1>We're gonna, we'll just, we'll just skip that one for now.</v> Okay. We won't take any action and then we'll come back around to it in case they're just running behind. The next matter is continuation of public hearing for 42 Hemlock. An application for Margaret Boudreaux and Alexandra Barrows for refining per mass general law. Chapter 40 a section six. And then a zoning bylaws. Section four B and five a applicant proposed to construct a second floor on their previously nonconforming lot as shown on the plan. Submitted. Hi there, you're here on 42 ho lock. Yes. Okay, this is the continuation. Did we, oh, did we, what did we do last time? <v Speaker 2>You have updated zoning chart and updated plans.</v> <v Speaker 1>Oh, was it incomplete? Is that what it was? Yes. Okay.</v> Hold on a second. Updated. Okay, so your loss just a bit small. Your front is a little short. Your depth is a little short <v Speaker 3>Go.</v> Oh yeah, you gotta use the, <v Speaker 1>Your front is, this is the</v> <v Speaker 3>Link here. Can email it</v> <v Speaker 1>To you.</v> Is the, is the step, do they measure to the step, I'm looking here at the chart. The chart would indicate a variance if they measure to the step We did this last time, <v Speaker 2>Right?</v> <v Speaker 1>Weren't</v> <v Speaker 2>Measuring the step</v> <v Speaker 1>Outside wall. Is that what we said? Yeah.</v> <v Speaker 4>Structure has walls on roof, right wall? Yeah.</v> <v Speaker 1>Okay. Is it the same one? 12. 14. 14. Good.</v> Rear is good coverage. I'm sorry. The rear is good. Coverage is good. The height is good. And do we have a, this is Mike. Is there a height calculation on here? Do, do we tell you to give us a height calculation that's on here now? Yeah. Okay. I think <v Speaker 5>It's on the updated chart. Dave,</v> <v Speaker 1>Tell me on the chart.</v> I see it, I see it in the chart. But is there a, is there an actual calculation on a site plan? Do you see that Mike anywhere? I can't, no. There we go. We got some elevations here. So <v Speaker 6>Important</v> <v Speaker 1>Average.</v> Yeah. Okay. Existing average grade 30.6 Topper ridge. There's no math here, but take a look. You, you see it on, on sheet four? <v Speaker 6>I look at the the site.</v> Do you have the site downloaded too? I have the site plan <v Speaker 5>Right here.</v> Yeah, it doesn't happen. So show up. <v Speaker 6>No topography on the site plan.</v> Is it, what's the lot look like? Yeah, but what does the lot topography look like? The plan flat. Yeah. You changing any, do you have to change any grades? No. <v Speaker 1>No change. Nothing.</v> <v Speaker 5>Alright.</v> <v Speaker 1>Alright. So we got the front, the rear side here.</v> I don't think this is the one we did that exercise on about the measurements or is it peg, you remember? <v Speaker 5>I think that was Vale.</v> <v Speaker 1>Yeah, I think you're right. Let's just do</v> shortest seasons from the boundary line, line to the wall of a building facing there on, I guess that says it right? A yard between a building and a side side yard. A yard between a building and a side line extending from the front yard to the rear yard. Setback s in the boundary line of a street or line to the wall of the building. So that would not be, you wouldn't, I guess you wouldn't measure to this stoop. Does his letter mention anything about that that setback? This day's letter? <v Speaker 5>Let's</v> <v Speaker 1>See. Two.</v> <v Speaker 7>Why did, why exactly did we continue</v> this? Do you remember? <v Speaker 1>My know are inconclusive. Okay.</v> <v Speaker 7>That's what I'm not,</v> <v Speaker 1>It was an incomplete,</v> as I recall it was an incomplete chart. <v Speaker 2>His letter does not say</v> <v Speaker 1>Which one.</v> <v Speaker 5>Yeah,</v> <v Speaker 1>It doesn't say which. Which,</v> yeah. Okay, here's my note. Yeah, we scribbled out, we scribbled out the proposed, oh, I know what it was. It said 13.1 for the height, which was clearly not correct. Correct. That's what it was. 13.1 but now it's 30.6. Okay. Alright, let's find out. Everybody's here. Anyone here to, to talk about 42 Hemlock Drive? <v Speaker 5>No,</v> <v Speaker 1>See none.</v> <v Speaker 5>Alright.</v> <v Speaker 1>Board any questions?</v> <v Speaker 7>No. So we sent him back to</v> <v Speaker 1>See look height.</v> Yeah, look, take a look. Here's, here's the, here's the chart we were presented with in the first round. <v Speaker 7>Is that what you recall sir? What is that?</v> <v Speaker 5>Oh, sorry.</v> <v Speaker 7>Do you remember what we had asked you</v> to bring back for information? It pretty <v Speaker 5>High, high.</v> Yeah. <v Speaker 1>See 13.1. Yeah, 13.1.</v> And then we said, oh, there's another roof, there's another floor going on. It can't be 13.1. So there was no calculation. We sent 'em back to do the calculation. The plans are now addresses the height right here. <v Speaker 7>So no new chart, right?</v> <v Speaker 1>There is a new chart. There is a new chart, right?</v> You guys have 30.6 was 14 two, now it's 30.6. No, and here's your measurement right here from existing average grade, but there's no calculation. So I mean what condition if this board were otherwise apt to grant the permission, the approval tonight There would be, could be no grade changes, no grand changes of any kind. And you'd be locked into 30.6 from the existing. <v Speaker 2>So look at,</v> <v Speaker 1>Are we on this one and</v> <v Speaker 7>This the, the foundation is staying that one.</v> This side and you're just going down to the foundation? Yeah. So the grade stays and the foundation stays and topper ridge is 30 foot. <v Speaker 1>Yeah, I I I would say Peggy,</v> if these plans come in without the calculation, without the grade, without the chart filled out properly, just send them back. Okay. <v Speaker 5>I,</v> <v Speaker 1>It's a waste of their time, you know, to come here</v> for us to discover that the chart is incomplete, the plans are still not complete. We're gonna work around it because we're gonna lock 'em into the existing grade, but there's no reason to have them come here just so we can say come back in in a month. Okay. Alright. So do you hear where we're at Condition on the existing grade cannot change and the height calculation is what it is from the existing grade with no changes. Okay. Well anybody here have any other questions, thoughts, comments? No. Okay. So we'll close the public hearing. Jason, <v Speaker 4>I move that we approve the project based on a finding</v> that it's not substantially more detrimental to the neighborhood than the pre-existing nonconforming use and structure provided this built and substantial conformance with the plan submitted and any requirements from town departments who submitted letters to the board with the clarification that the existing grades are not to be changed and the building height cannot be changed from what is represented in the file. <v Speaker 1>Okay, so say instead</v> of clarification peg, just make it condition. Yeah. And then as amended. Second. Second. Alright. All those in favor? Yep. Okay. You're all set. Alright, take care. The next matter is public hearing for 64 Washington Ave. An application for Matt Keeney for finding per MGL L chapter 46 6. The next 20 bylaw section four B and five A. The applicant proposes to construct an addition on the preexisting nonconform audit shown on the plan Submitted. Hi there. Hey, how are you doing? Great. Yes. Are you Mr. Keeny? <v Speaker 8>I am.</v> <v Speaker 1>Okay. Lemme just take a peek here.</v> See where you're at. <v Speaker 5>Hmm</v> hmm. <v Speaker 1>That, that what looks to be a driveway is a paper road.</v> Correct. And he's calling it a pa a corner lot 'cause of the paper road, correct? Huh? <v Speaker 5>Oh,</v> <v Speaker 1>That's tough. But are you, do you get</v> to the center line of the road? <v Speaker 8>So when we worked with, we worked</v> with someone who did do a title search. That's, that was part of their, their finding. When we talked to the building inspector though, they did recommend to come to you in terms of calling court a lot. Working under, you know, the preexisting conditions in terms of the nonconformity. <v Speaker 1>Yeah. Okay. Let's see.</v> <v Speaker 7>So that paper road puts 'em into a variance instead of,</v> <v Speaker 1>I'm gonna look at the chart in a second, but</v> <v Speaker 7>Like a, you know, a road</v> that is on the towns map is owned by someone. It's not a physical road there in real life. <v Speaker 1>Alright, let's see. So the lot's small,</v> the frontage is short, the depth is good. All the, the front plans <v Speaker 7>On plot plan, it's</v> <v Speaker 1>There.</v> Same. It won't change. <v Speaker 7>Yeah. Yeah.</v> <v Speaker 1>The side is, yeah,</v> that's the issue right there. Right? Oh, your existing conforming and you're gonna go non-conforming. So wait a minute. He marks here section six. Yeah. <v Speaker 8>So I know we've been back</v> and forth on, on that a little bit in conversation with the building inspector. Yeah. That's where considering it a corner lot because of where the road is, instead of it being conforming and then becoming non-conforming. It is, it is currently non-conforming if you consider that a corner lot. In which case we are just continuing within the, the non-conformance. <v Speaker 1>Let, let, let's, let's, let's check that</v> <v Speaker 7>Helps the fake road. It</v> <v Speaker 8>Depends on how you look at it.</v> Yeah, I mean the whole thing's been quite the learning I would say. <v Speaker 4>So that side yard should have been a front yard setback at</v> 30 and you're at 19 five pre-existing non-conforming. Correct. <v Speaker 1>So, so that then the chart's wrong, right? Yeah.</v> So you're gonna put 30 feet in the first side 'cause it's really a front. Yep. You have two fronts and two sides. No rear. So that means this is 30, 30, 25 and 25. Right? The south is 30, the north is 25, the west is 25 and the east is 30. Everyone agree with that? Okay. So let me just go down here for a second. The front's 30, the 19 five course 8.7 is 30, the other side's 25. That doesn't change the rears 25. And that's fine. Okay. The coverage is good, the height is good. That's fine. Okay. So now if that's the case, that's 6, 6, 6. That's fine. That's nonconforming becoming more nonconforming. Six. There we go. 25. That's fine. That's 6 25. Okay, good. Good. Alright. Anybody here to talk about 64 Washington Avenue? No. Okay. Alright. <v Speaker 7>Your adjusted</v> <v Speaker 1>Zoning chart. Yeah.</v> So if this is a front, and this is a front, right? Yeah. And this is 30 and this is 30. And the rear, that's a rear and a rear. 25. 25. <v Speaker 7>So there's almost no buildable envelope between the two.</v> <v Speaker 1>Yeah. Re 55, 25 and 30.</v> <v Speaker 7>And it's only 60. That's a frontage. Yeah.</v> <v Speaker 1>60 feet,</v> <v Speaker 7>Two setbacks.</v> <v Speaker 1>Yeah. Yeah. 50, 55 almost 50. Yeah. Right, right.</v> Well, okay, but I think this is right, but, but I also think he probably gets to the center line of the way under the derelict fee statute. Jason. Ooh, how about that Alex? Huh? How you like me nut <v Speaker 4>It sounds, sounds impressive. Derelict</v> <v Speaker 7>What? Derelict.</v> <v Speaker 1>Derelict chair statute. The derelict fee statute.</v> <v Speaker 7>Okay, I see.</v> <v Speaker 1>Okay. In any case, you better do your homework.</v> I think, I think it's there. I think that's right. The chart was wrong. The logic is there. I'm gonna share my chart. Chart with you. <v Speaker 2>Yeah. So we did go around</v> and around in circles between me, the building inspector and Dave the commissioner. And when the application was submitted, they originally asked for a variance and then Vinny, the building inspector switched it to a section six because the paper road. <v Speaker 1>Yeah, I think that's right. So,</v> <v Speaker 2>But the building commissioner wrote a letter</v> and said you needed a dimensional variance, which Vinny, the building inspector said because of the paper road, they don't need a variance. You need a section six. So we're we're leaving it to your hands to say yes. A section six? <v Speaker 1>I think so, yeah. Yeah, because</v> <v Speaker 4>The letter from the commissioner says variance. Yes.</v> <v Speaker 1>Oh it does, it does. It says dimensional variance.</v> Oh, well that's not what, that's not what the advertisement said exactly. <v Speaker 2>'cause it's not what they applied for.</v> So the letter was written, I received it Friday. <v Speaker 4>Letter from Dave, from Dave</v> <v Speaker 2>From the building commissioner.</v> <v Speaker 1>Oh, I I missed the letter. Hold on.</v> <v Speaker 2>Usually the first thing in</v> <v Speaker 4>The, although it is denied August 27th</v> <v Speaker 1>Letter.</v> <v Speaker 2>Right. 'cause that was the day that the, the permit was,</v> the building permit was applied for. So he denied it as of that date. <v Speaker 4>You received it on Friday?</v> <v Speaker 5>Yes.</v> <v Speaker 4>It's like two months ago.</v> <v Speaker 5>Yes.</v> Okay. It's been quite the process. <v Speaker 1>He's the, he only has,</v> <v Speaker 2>So I had talked to Mr.</v> Kinney's attorney's office on Friday and said this is what the building commissioner has said in his letter. And so we went back and went back and forth with his office and <v Speaker 5>Agreed</v> <v Speaker 1>What was advertised.</v> <v Speaker 2>A section six finding.</v> <v Speaker 1>Well, I feel better about that.</v> Yeah. Now did Dave, Dave, he, he was fine with us interpreting Yes. What's going on here? I think it's, I'm, I think this is the right way. That road existed. The building's nonconforming. Right? It was 30 feet then It's 30 feet now. Right. So he can do this under section six. Does anybody on the board have any No issues. No issues. Right. Okay. <v Speaker 4>I just wonder what happens if the commissioner doesn't,</v> he still thinks it needed variance. We approve a section six and the commissioner's gonna say, well <v Speaker 1>I, that's the question I asked.</v> Right? Yeah. He's, he's, he's fine with this board making a determination. <v Speaker 4>It's not in the record. That's a conversation.</v> <v Speaker 1>Yeah. I, I'm confident that that what was advertised</v> is the relief that's being sought. The really that will be granted. So I think it stands up. <v Speaker 4>I think it's appropriate. I think it is a road</v> and it deserves a front yard setback. <v Speaker 1>Yeah. The, the,</v> let's put it this way, there's no title examiner anywhere who's gonna go beyond the decision? They don't go back and look at the denial letter. Right. Right. So, <v Speaker 2>And because only the only the decision is what's recorded.</v> <v Speaker 1>That's right. So, and that will match.</v> <v Speaker 2>Yes. The relief, the advertisement.</v> <v Speaker 1>Yeah, exactly. Okay. So that we'll</v> <v Speaker 2>Close.</v> Yeah. This was quite the learning process as Mr. Ke had said, <v Speaker 1>It's not the paradigm for sure.</v> It's a bit unusual as it turns out that road saved you. <v Speaker 5>I'll take it. Right.</v> <v Speaker 1>Okay. So does anybody else have any thoughts here?</v> It is fairly routine after we figure out these, the numbers, right? Look at the <v Speaker 5>Actual law.</v> <v Speaker 4>They were like fee statute.</v> <v Speaker 1>I want you all to look that up on that.</v> I want a dissertation on it. There is day one not. Okay, so let, let's talk about the height for a minute. 26 5. So you can go to 40. So you, you're good there. I can't even see the numbers, but are we, what's the, any grading going on there? Mm, none. Nope. Building on <v Speaker 5>Piles.</v> Okay. <v Speaker 7>You're matching the existing ridge height. Sorry?</v> Are you matching the existing ridge height of the roof <v Speaker 1>Line?</v> Yeah, correct. <v Speaker 7>All. Okay. It looks like it's slightly dropped. Maybe</v> <v Speaker 1>You want five sheet five</v> <v Speaker 7>I was</v> <v Speaker 1>This?</v> <v Speaker 5>Yeah.</v> <v Speaker 1>Okay.</v> Well I think it looks good. No, no grade changes. Okay. Anybody here? Questions, thoughts, comments, concerns closed? Jason? <v Speaker 4>There was a letter in support from one of the abutters.</v> <v Speaker 1>Yep. Yes sir.</v> <v Speaker 4>I would move</v> that we approve the project based on our finding that it's not substantially more detrimental to the neighborhood than the pre-existing non-conforming use and structure provided spill and substantial conformance with the plan submitted and any requirements from town departments who submitted letters to the board. <v Speaker 1>Second. Second, Ari? All those in favor? Yep.</v> You're all set. You're welcome. Okay. Good luck. Thank you. The next matter up is public hearing for 57 Beverly Road, an application for 57 Beverly Road, LLC for refining per MGL L chapter 48, section six NA zoning bylaw sections four B and five A. The applicant approached to raise the existing single family dwelling construct a new, a new two townhouse construct. Two, a new townhouses, two of them on their preexisting nonconforming law showing the plan submitted. Hello, how are you? Good evening. Nice to see you. Before you go, let me just take a peek here. What, what have you got? So you got the minor storm water and a PD. Yeah, <v Speaker 2>So that was my error.</v> <v Speaker 5>It's</v> <v Speaker 2>Only a single family home.</v> <v Speaker 1>Oh, that helps.</v> Did you see this thing from the conservation commission to a notice? Yeah. Yes. Yes. Okay. And storm water management, erosion control the lot's good frontage, not depth. Good front. Good. <v Speaker 5>Just</v> <v Speaker 1>Frontage by a whisker side. Good.</v> Other side. Good rear. Good coverage? Good height. Good. So this is frontage? Just <v Speaker 9>Frontage?</v> <v Speaker 10>Just frontage. Yeah.</v> And by the way, I'm Nick Arthur, the applicant. <v Speaker 1>Hi.</v> Okay. <v Speaker 7>So the lot slopes down to the back.</v> <v Speaker 10>The wat slopes down, it really starts</v> to slope down at elevation 94. And we're not proposing to change any of the grades, we're actually just going to work with them. Go pretty much gonna stay the same grade all the way around and yeah, it's just gently slopes back for about 25 feet in the rear and then it, it really goes. Okay. <v Speaker 7>Yeah. So we don't see anything</v> after 94 on my, on the site plan, but it drops after that. Yeah. <v Speaker 10>Yeah.</v> <v Speaker 1>I don't see the 94 on here.</v> I can't, I can't make it out here. <v Speaker 9>Yeah,</v> <v Speaker 10>It's this one.</v> Were you able to upload this one here <v Speaker 7>Is 95.</v> Yes, I was. So it sounds like after that it <v Speaker 1>Keeps going. Yeah. Yeah, yeah. Yeah.</v> <v Speaker 9>Okay. Yeah, there's, there should be a, a revised plan</v> uploaded to, to the package. <v Speaker 7>Okay.</v> <v Speaker 1>It's just in my eyes.</v> Do is, is anybody here to talk about this 1 57 Beverly Road? Okay, I'm gonna get to you in a sec. Is there a, I see the, the, the heights indicated is 33.1 and was that done from average grade? <v Speaker 10>That's done from average grade on the architecturals on</v> page three we wanted to make sure that our average grade lines up with ridge height. You know, a lot of times the proposed ridge height isn't taking the grade in into account. So it's taking the existing and proposed grade into account. Since we're not changing the grade <v Speaker 1>It's on.</v> Which is it on a, <v Speaker 10>You will see it on page three on the front elevation.</v> <v Speaker 1>Oh okay. Yeah. Average grade. Yeah. 100.2.</v> <v Speaker 10>And if you look at the sides</v> and rear elevations, you'll see the walkout basement. Yep. And that's one of the reasons we don't need to change the grade. <v Speaker 1>Sure. Yep. Okay. Yeah.</v> Well thanks for giving us a full set of plans. That's helpful. And doing the calculation. That's helpful. Can you come on up and we'll just get your name and address for the record if you would. <v Speaker 11>My name is Bill Ga. I live at 10 Beverly Road.</v> I'm a towered meeting member from Precinct six for 47 years. I should, in being transparent here, say I am a realtor. I do 50 to 60 rentals every year and buy or sell four to eight properties before I continue, my question is, did I hear that this is going to be a single family home? Correct? I don't have to say anything. <v Speaker 1>Well nice seeing you.</v> <v Speaker 12>Is there a</v> retaining wall channel for the driveway? <v Speaker 10>There is an existing retaining wall in the driveway</v> now. Yes. So <v Speaker 12>You'll have to fill all of that.</v> <v Speaker 10>We'll have to fill just</v> behind the retaining wall that we're proposing. We don't want to impact the neighbor's grade that the neighbor's, the neighbor to our left, his right side also drops down. So those retaining walls will allow us to keep the grades the same between the lots that the small lines in between those retaining walls should probably show that a little bit better than it does. <v Speaker 12>I'm just see if I'm looking at your house. Yes.</v> The driveway's to the left as you're facing the house. Yes. And there's a substantial retaining wall. <v Speaker 10>Yes.</v> <v Speaker 12>And what does</v> that have to do with the neighbor to the left? That is, is that a shared driveway? <v Speaker 10>No, it's our, it's our driveway. Okay.</v> <v Speaker 12>So you're gonna need to fill all that in.</v> <v Speaker 10>Not necessarily that different than how it is now.</v> If you look at the proposed plan, there's, we're proposing two shorter walls versus one larger wall, which is what's there now. I was just explaining that the necessity for the walls to propose the walls is so that we don't have to change the grade at the lot lines. <v Speaker 12>What's gonna happen behind the house.</v> <v Speaker 10>We are going to keep the grade the same</v> and grade it all the way over to the slope. <v Speaker 1>Anybody else have any questions?</v> Okay, we'll close the hearing. Jason. <v Speaker 4>Yeah, I would move that we approve a project based on a</v> finding that it's not substantially more detrimental to the neighborhood than the pre-existing non-conforming use and structure provided disability and substantial performance with the plan submitted <v Speaker 10>Than any requirements from the town departments</v> who submitted letters to the board. <v Speaker 1>Second. Second. A All those in favor? Yep. You're all set.</v> Counsel, you're earn your money tonight. <v Speaker 10>I think we're sitting here for another one. Oh</v> <v Speaker 1>Okay.</v> Yes. Well there you go. And you're still gonna run. <v Speaker 5>So this is also a single family dwelling.</v> <v Speaker 1>Okay. Yeah. Yeah.</v> <v Speaker 5>Apparently like two</v> <v Speaker 1>Towns, three Ferndale.</v> Is that you guys? Yes. Yes. Okay. Let me just read it in an application for three Ferndale Road, I'm sorry. Public hearing for three Ferndale Road, an application for three Ferndale Road LLC for a finding for chapter 40 a section six. And then ex zoning bylaws section four B and five A. The applicant proposes to raise the existing single family dwelling construct a single family dwelling on the preexisting nonconforming law. Honor the plaintiff submitted. So let me take a look here We have a letter of support from one Ferndale Road, Kristen O'Neill, Scannell minor storm water and EPD. <v Speaker 10>We have a copy of our storm water report we've</v> applied for if you need. So you got another sloping lot? Huh? Another sloping lot. We didn't find it necessary to, it's very similar application. We're going to keep the existing grade, the building elevations indicate the right side will have a short knee wall about three feet high to get some windows in there. And we're gonna use the grade, we didn't see a need to change it at all. But you get like two feet across the driveway, right? Yes. So you'll something there that will likely be flattened out a little bit. Yeah. Okay. But nothing drastic and no walls needed there. No walls <v Speaker 5>Down that way.</v> Okay. <v Speaker 1>Lemme just do the chart real quick here.</v> The shot the lot shy, frontage, shy depth. Good front, good side, good. Other side. Good rear. Good coverage, good height. Cal calc on here as well. <v Speaker 10>Similar process. Yeah. Yeah</v> <v Speaker 1>Take a look.</v> <v Speaker 13>I was Chris is the reason that you didn't center,</v> I guess move this sort of more towards the east side because of the grade change? 'cause it seems like, I mean you sort of expanded on the western side, right? You sort of, we <v Speaker 10>Were really dictated by, we like that building plan</v> and that's one that we wanted to work with and the rear lot line kind of dictate our building envelope dictated. That's where we put it. Because <v Speaker 13>As you moved it over the sloping on the back. Yes. Yeah.</v> <v Speaker 5>Okay.</v> <v Speaker 1>Let's see if anybody's here.</v> Anybody here on three Ferndale Road against the front? Okay, over. Can't <v Speaker 5>Move over.</v> <v Speaker 1>I have nothing you guys have</v> <v Speaker 5>No</v> <v Speaker 1>Nothing.</v> Okay. Closed. <v Speaker 4>I would move that we approve a project based on a finding</v> that it's not substantially more detrimental to the neighborhood than the preexisting nonconform use and structure provided. It's built substantial conformance of the plan submitted and any town requirements from town departments is of no letters to the board tonight. <v Speaker 1>Second Ari? All those in favor? You're all set.</v> <v Speaker 10>Thank you. Good luck.</v> Thank you very much. Happy Thanksgiving. <v Speaker 1>Thanks. You too. Okay.</v> <v Speaker 5>This was awesome. Single family.</v> <v Speaker 1>Oh no problem. No problem. It was</v> <v Speaker 10>Process. All packed.</v> <v Speaker 1>Packed out there.</v> <v Speaker 4>One's getting for the cut and paste</v> <v Speaker 1>Happen public.</v> The hearing for 12 Beverly Road. An application for George Richards Esquire for a finding for Mgl L. Chapter 48, section six. Native dwelling bylaws. Section four B and five A. The applicant opposes raise existing single family dwelling. Instructed a new single family dwelling on the precinct from plan submit. Alright, thanks. So we'll just take a quick peek here. This is the second one on Beverly Road. Alright da. Your minor storm water and a PD, right? Correct. Alright. And storm water management. Erosion control jack. <v Speaker 5>I will.</v> <v Speaker 1>Alright. The launch short.</v> The frontage is short, the depth is good. The front's good. The side's good. The other side's good. The rears good Coverage, good height. Good. Probably heard this. We have a calculation on there for the height <v Speaker 5>Proposed</v> <v Speaker 14>28 5.</v> <v Speaker 1>That's the number. But is there a</v> calculation from the average grade? What's the lot like one 60, pretty <v Speaker 14>Flat.</v> The grade around it is, yeah. <v Speaker 1>1 68, 1 67, 1 68. Yeah, it's</v> <v Speaker 5>All</v> <v Speaker 1>There is</v> <v Speaker 12>In front elevation day</v> that does have the height with a line that says grade for what <v Speaker 1>It's worth.</v> Oh yeah, I see it. So no grade changes then, right? <v Speaker 14>No, it's a fairly flat lot.</v> <v Speaker 5>Okay.</v> <v Speaker 1>Alright. Let's see if anybody's here on this</v> <v Speaker 15>Chair.</v> Do you want me to just introduce myself for the record? Yeah. Yeah. My name's George Richardson, Ethne Law representing the applicant. With me tonight is Justin Dri from a capital group who's the applicant. And I just wanna point out that it must have been a cut and paste issue. 'cause it also says it's two townhouses, it's RSA and we are only proposing a single family. Yeah, <v Speaker 1>It's not</v> <v Speaker 15>Just</v> so the gentleman in the rear knows that as well. Yeah, <v Speaker 1>You hear that one?</v> I heard it. Does that change anything? Yeah, <v Speaker 5>Exactly. Go</v> <v Speaker 15>Home.</v> Sorry to drag you out here. Alright. <v Speaker 1>Yeah, thank you. Via service. Thank you.</v> Thank you for yours as well. Likewise. Happy than Thanksgiving. Likewise. Appreciate your time. Alright, so it's the same drill. These are all very, very, very similar project. Anybody else just to be heard? No. Okay, so let's take a quick peek here. <v Speaker 15>Yes. So it's just the lot frontage</v> and lot area. Yeah. Yeah. <v Speaker 1>Wait a minute. No, just lot frontage</v> and oh lot area. Sorry. Yep, you're right. Okay. <v Speaker 5>That conforms.</v> <v Speaker 1>Anybody</v> have any questions here <v Speaker 5>About</v> <v Speaker 4>Square feet? Nope.</v> <v Speaker 1>What's that? Is that like a herringbone pad</v> patio or something in the back? About <v Speaker 5>The sweet spot</v> <v Speaker 1>It seems.</v> Oh no, it's the driveway. <v Speaker 5>It's, yeah.</v> <v Speaker 1>Or pavers or something. Yeah.</v> Anybody else hear any questions? <v Speaker 5>No.</v> <v Speaker 1>Over there.</v> <v Speaker 5>No</v> <v Speaker 1>Closed. Jason move</v> <v Speaker 4>That we approve the project based on our finding</v> that it's not substantially more detrimental to the neighborhood than the previous nonconform. Use and structure provided substantial conformance with the plan submitted and any requirements from town departments who've submitted letters to the board tonight. <v Speaker 1>Second. Second, Ari? All those in favor?</v> You're all set. It's got my <v Speaker 15>Back.</v> Thank you very much. Have a great Thanksgiving. You too guys. <v Speaker 1>Appreciate. And</v> last but certainly not least, public hearing for 11 Porter Road. An application for Michael Audette for a finding for MGL L. Chapter 48, section six. And the next zoning bylaw section four B and five A. The applicant proposed to raise the existing single family dwelling construct. Single, single family, single family dwelling on the previous nonconforming lot as shown in the plan. Submitted. Hello there. Hello. Lemme take a quick peek officer. Okay. Minor storm water. A PD or I am sorry. A aircraft for recharge? <v Speaker 16>Yes. Okay.</v> <v Speaker 1>Storm water management and erosion control.</v> And there's wetland jurisdictions, you gotta go compound, right? Okay. <v Speaker 17>It's already, it's already been delineated and filed.</v> <v Speaker 1>Okay, good.</v> <v Speaker 5>Huh?</v> <v Speaker 1>This is a different chart.</v> The lot's good. The front is just not, depth is good. The front and back is good sides. Good side. Good rear. Good coverage. Good height. Good. It's gonna sound awfully echoy in here, but you got a height calculation on there. Yes. <v Speaker 17>34. Just on the 35. 34.</v> <v Speaker 1>So that's the number. But is it flat lot</v> <v Speaker 16>It?</v> <v Speaker 17>It is and it isn't. There's some negative swes going</v> after the existing slab that's there now. So you'll see on the, <v Speaker 16>On</v> <v Speaker 17>The site plan.</v> <v Speaker 1>I can't, I can't read any. Can you?</v> <v Speaker 16>You</v> <v Speaker 7>Have a different one. Mine</v> <v Speaker 16>Doesn't have,</v> <v Speaker 7>Mine doesn't have topography.</v> <v Speaker 16>If I may. You may, yeah.</v> So the one that I submitted today. Oh, is this one Jason, you have to update and you'll see the, we have the updated, the last page on that stack. 1 67. Yeah, this just shows I've received that about a half hour before the hearing. 1 1 67, 1 not allow that house right now, it's 1 66 around the house. <v Speaker 1>So you're gonna go up</v> <v Speaker 16>Two, one foot, one foot. Okay.</v> Is it the same as calculation taken from? Yes. The updated one is, <v Speaker 7>It's already,</v> <v Speaker 16>I'm sorry, has today's date on the,</v> <v Speaker 7>Because that'd be a big difference on this one</v> where you're right at 35. <v Speaker 16>This one, that's</v> <v Speaker 7>Total 20.</v> <v Speaker 16>So it'll be,</v> <v Speaker 7>So it'll be 34 ish at the end.</v> <v Speaker 2>Be like 33.</v> <v Speaker 16>All right.</v> <v Speaker 4>33. The newest ones are at the bottom of the list. Yeah,</v> <v Speaker 2>It's noted right here.</v> It's 33. There's no rhyme or reason to. Awesome. Open up. Yeah, it's great. Tell I love this software. Yeah. Yeah. We've been, I've been asking for it for months to have the latest document at the bottom of everything. Yeah, <v Speaker 1>You ate them all up.</v> Okay. Same drawing as, <v Speaker 2>So it says site plan engineered 11 Porter Road.</v> So it's one, two, like the fourth document down in the attachments. Jason? Yeah. <v Speaker 4>I 33. Bottom of the list.</v> <v Speaker 7>Proposed from proposed grade. From existing grade.</v> <v Speaker 2>From existing grade. Okay. So that's why Oh, oh, sorry.</v> I did that to Dave earlier too. Yeah. So yours that comes in six inches. Yes, but mine does not. So that's the right one. The last one on the, <v Speaker 1>We good?</v> <v Speaker 2>Yeah.</v> <v Speaker 1>Okay. Anybody here have any questions?</v> There's, I know there's nobody here because there's nobody here. <v Speaker 4>There's no letters support for or against. Nope.</v> <v Speaker 1>Anybody, anything before we close it?</v> Nothing closed. Jason <v Speaker 4>Move that we approve the project based on a finding</v> that it's not substantially more detrimental to the neighborhood than the preexisting nonconform use and structure provided its built and substantial conformance of the plan submitted and with any requirements from town departments. Who submitted letters to the board tonight? <v Speaker 1>Second.</v> <v Speaker 2>Second.</v> <v Speaker 1>A. All those in favor? They're all set.</v> Thank you very much. Good luck. Happy Thanksgiving. <v Speaker 7>Thanks.</v> <v Speaker 1>Okay, now we're gonna,</v> <v Speaker 7>It's built.</v> <v Speaker 1>There's nobody came.</v> <v Speaker 2>We have two meeting minutes.</v> <v Speaker 1>Oh, who? We're gonna go back around.</v> Oh, right to the top here. Yeah. So that's continuation of public hearing for five Scarsdale Road, an application for five Scarsdale Road Trust Orleans for fighting and variance per MGL in chapter 48. Section six and 10. And the onic bylaws section four B and five A. The applicant opposed to construct a two car garage on the previously nonconforming lot is shown the plan submitted. <v Speaker 2>I have not received an email or anything.</v> <v Speaker 1>There's nobody here.</v> <v Speaker 2>And they were all,</v> they were reminded last week that they have to be here this week. Yeah, <v Speaker 4>We opened it already at the last It</v> <v Speaker 1>Was, yeah, because it</v> <v Speaker 2>Was a continuation.</v> They opened it at the last, <v Speaker 1>Yeah.</v> So we're gonna have to vote IG guess, right? <v Speaker 4>Or continue if there's still time</v> before a constructive approval. <v Speaker 7>This one is a two, two meeting.</v> No show. Is that what you're saying? <v Speaker 1>No, no. They were here last time. Right. Oh, okay.</v> And then we continued it. You remember why <v Speaker 2>They needed a variance on top of the section six finding?</v> <v Speaker 1>Did they re advertise? Okay.</v> <v Speaker 2>I did. I readvertised re the post card.</v> <v Speaker 1>Well, we're not trying to hurt 'em. So you need to open</v> <v Speaker 4>A new hearing if it's a variance. Now</v> <v Speaker 1>Is this a new application?</v> 'cause it says continuation. <v Speaker 2>No, it's the same application</v> and that we, they, we just added the variance request to the section six finding <v Speaker 1>And then readvertised.</v> <v Speaker 2>And readvertised.</v> <v Speaker 1>Well, I go anywhere you guys want</v> to go and we could vote to deny it 'cause there's nobody here that seems overly punitive. <v Speaker 7>Give Can we continue and see if they come back next.</v> <v Speaker 1>Good. Let 'em know. Bored</v> <v Speaker 4>To</v> <v Speaker 1>The holidays.</v> Okay, so might big emotion. We're feeling good today. Yeah. Have a feeling. It's being, it's the holiday season. It's the spirits of season. <v Speaker 2>Yeah, it's in, it's a quick turnaround this</v> <v Speaker 1>Time.</v> What's the date? Jewish 16th. <v Speaker 2>December 16th.</v> <v Speaker 1>Okay. 1216. Yeah. Okay.</v> <v Speaker 2>It's not</v> <v Speaker 4>Move to continue the hearing on</v> <v Speaker 1>As a, as a one time courtesy.</v> <v Speaker 4>Five Scarsdale road until December 16th.</v> <v Speaker 1>Second. Second, Ari, all those in favor continued.</v> And if they, if they don't want to, if they can withdraw it, it can. Yeah. Okay. What's the next thing for you? Two sets of minutes. 40 being two set. Yeah. Minutes from, what month are they? I can't remember. March <v Speaker 2>Of this year and October of this year?</v> Hmm. Yeah. Good gap. I'm, well it was the first meeting I was out, so I have someone playing tickets for <v Speaker 1>Me.</v> Okay. They looked good to me. Anyone here have any thoughts, comments, concerns about those? Nope. No. Okay. On <v Speaker 4>Point.</v> Move to approve meeting minutes from October 28th and March 25th. 2020. <v Speaker 1>Fourth, second, Ari. All those in favor approved.</v> Thank Anything else? <v Speaker 2>The motion adjourn.</v> <v Speaker 4>Motion to adjourn.</v> <v Speaker 7>Second.</v> <v Speaker 1>He robbed it. He robbed you.</v> The clean sweep. That's the best one. All those in favor, Wayne, <v Speaker 2>For that.</v> All.