All right. Good evening, everybody. Uh, good evening. >> Thank you. Let's see. Today is Thursday, February 19th, 2026. It is 7:30 p.m. We're here at the Newbury Municipal Offices 12 way by mask on the second floor hearing room. And this is the New
Voting Board of Appeals meeting. Um, public hearings. I am uh Eric Span. I'm the chair and a voting member. We have our excellent assistant uh Chrissy Bri. We have a voting member Mario Carvali. Next to me, we have associate member
Michelle Weedler. We have our new uh associate member uh Joshua Walker. And we have our voting member Jack uh um Jack Kelly. And Larry Murphy is not here for our
liaison for planning. So before we get as we get started here, we have some new business. And the new business is that we'd like to welcome our newest associate member, Joshua Walker. Do you like Joshua? Do you like Josh? Josh is fine. Josh. >> Great. Um, so that brings us that keeps
us at three voting members and we have now two associate members. Great, >> which is great. Um, now I can take a vacation. And so >> Josh, wait a minute. Hang on. Josh, we're we're
>> So you're an associate member. >> Um, an applicant will present. We will all discuss. We welcome your input and and your discussion. At um some point when we close the hearing, when we make a decision, then the three voting members vote. >> Excellent.
>> But you're welcome to. and we'd like you to participate as much as you can during the the hearing and the process. >> Awesome. That >> all right. So, with that, um I will open the meeting and open the public hearings. Can we read the first one in? >> Sure.
>> Okay. Uh Michelle Lolo, 25 Carver Way. The applicant is requesting a special permit finding for relief from section 9-4D5 C01 increase in footprint and 02 increase in height of the Newberry zoning bylaws and any other permit relief as may be
required under the town of Newberry zoning bylaws to allow the proposed use project for additions renovations to the existing dwelling which consists of an expanded deck screenin porch enclosed entry stairway with mudroom and a new exterior stair up to a roof deck. on the
property located at 25 Harvard Way, Plum Island, Newberry, Mass 01951, Ces Matthew 01, lot 154B. And this is a continuation from the public hearing where we made a draft or a motion to draft the decision. We have
the decision. >> Um, >> did you guys get a copy of the decision? >> Okay. >> And so I got a copy of the decision and I did I added one thing back to Chrissy. I don't know if you >> She pointed it out before the meeting and we're fine with it. >> Oh, great.
>> Yes, >> she's too efficient. >> Yeah. >> Okay. >> Has uh everybody read the decision. Does anybody have any comments, questions? It's >> I'm good with it. Yeah. >> Yeah, I'm okay with it.
>> It's good. The highlighted yellow is what was added um after you guys got the copy of it. If there are no questions or comments, is there a motion to accept the decision as it is written? >> I'll make a motion to accept the decision as written.
>> Great. There second. >> Seconds. Um, all those in favor? >> I pass. >> Oh, I do. I do. >> Make it official. >> So, are we signing those tonight, Mr. Chairman?
>> Yes, we are. Again, this is too efficient. >> I can stamp them in Monday, get the letters out to the others to start the appeal period of the 20 days and then advise confirm with Jeff uh that it was done and that starts at and I'll count
out 20 days after that. >> Okay. Okay. Uh, Michael and Michelle Mccurio, 7 exit away. The applicants are requesting a special permit finding for relief of section 97-4D5C01 increase in footprint and 02 increase in
height of the Newberry zoning bylaws and any other permanent relief as may be required in the town of Newberry zoning bylaws to allow the proposed use project for improvements to the existing non-conforming single family drawing which will consist of an addition of a second story, a roof deck and the
conversion of the bottom level of the house from a living area to a basement area to be used exclusively for storage and mechanical equipment on the property. Located at 7 Exit Wave, Palm Island, Newberry, Mass 01951 Cessor Snap U01 lot 91 and this is also
continued from two >> well continuing from the last meeting from last. >> So there's a date. >> Yep. >> January 19th. >> Thank you. So again, we received this by email. I had a couple comments going back to uh Chrissy. Chrissy added them.
They're yellow. >> Jeff dropped off all the revised site plans in the letter. >> Yep. Take those up the other day. >> I don't have to say anything. If you've had a chance to review what we've submitted, I guess I I will just highlight that um we did make some
improvements to the project based on the discussion we had at the first hearing. Y >> we reconfigured the deck to expand the setback off of the property line. We also uh reduced the size of the existing shed. We cut it in half, which actually also increases the rear and side
setbacks associated with the shed. Um and these are improvements that reduce lot coverage, increase setbacks, and so on balance, it's an improved project, and we're hoping that you see it the same way. Thank you. >> Yeah, I think that
I didn't think much to to bring it up, but I do appreciate you bringing it up because it is everything that we had talked about. Okay. So, we appreciate the willingness to work with and comply um with recommendations in terms of what we feel
by. Does anybody have any discussion or want to I like the project. It's a good project. Big improvement in favor. And I think I I agree with you that that counselor and his client has done a good job in just that. I'm just still and I'm not saying
I'm opposed to it, but but I'm just still if I still hung up on the basement a little. I look at the rear elevation and boy, it sure looks like three stories, not even counting the roof. Uh and then I look at the drawing and the drawing says the existing existing is a
story by definition. We all agree with that. >> Correct. And the new the proposed basement is excuse me the existing basement is proposed not to be a story by definition. >> So what's our just help me with the thought process. >> Yeah. Yeah. No. >> No I appreciate the uh the scrutiny and
thought that's going into this. So it's be the reason there's a shift in the status of that basement from existing to proposed is because the existing basement barely meets the currently
barely meets the um the calculations for a story above grade. So, in the definition of that phrase, um, you run this calculation about how much of the basement is, if I get it
right, it's something along the lines of 6 ft or more above the finished elevation around the perimeter of the house. So the existing basement even though it's only 6' 6 in in height, it has living space that doesn't really as
related to the story definition. It meets the definition of a story above grade just barely in the proposed condition. In addition to stripping out all of these sort of living facilities and really converting it to a mechanical
storage space only, we're also adjusting the grade along a portion of the building on the driveway side of the building. And that small adjustment tips the calculation so that in the proposed
condition less than 50% is more than 6 ft above the finish grade. Andrew, is that an accurate description of how we made the adjustment? >> Yeah, if you see like the proposed basement and first floor plan, you'll see the little garden off to the uh
doghouse right there. That's a retain wall, the lift in the grade. Plan on planting it and that's kind of creating that great difference. So it's the exterior grade that's being is it raised or >> lowered raised grade
the exterior grade is raised to lower the basement >> essentially. That's right because the calculation is based on how much of that. So you know remember this basement is it's it's on an elevation supported by retaining walls. So the calculations
associated with story above grade that definition in the zoning bylaw are on the site plan and I don't know if you saw those bottom right you'll see the existing basement story calculation there >> I do see that >> and then to the right of that is the
proposed basement story calculation and if you scrutinize those calculations you're going to see that the calculations are such that we barely meet the definition of a story currently and once we make that small adjustment
to the exterior grade, it no longer qualifies as a story above grade and therefore it's defined as a basement. So, it's a close call. I mean, >> who figured that out? The legal council or the site guy? >> Oh, that was more that was just a that was teamwork. >> Team work. >> Team work.
>> Nobody wants to take credit for >> Andrew. I'm I'll give I'll give credit to Andrew on that. No, that's definitely Andrew came up with the uh >> Fair. Sorry, Andrew. That's right. I'll take it. >> Oh, that was a good explanation. I didn't understand it before. I'm not sure.
So that said, I think I'd like to take a moment and add number seven under specific findings just to say something like the proposed project will revise the exterior grade and therefore something something >> you could say renders the the lowest
level a basement and not a story above parade or something along those story. >> Yeah. What I in our application package to avoid confusion, I was referring to that bottom level as the lowest level,
>> which is currently a story and is proposed to be a basement. >> Not a story. >> Not a story. Right. >> I didn't like the suspended basement. >> Yes. Yep. >> Cuz we do have those and we've approved them before and they're usually hanging from a structure raised on tiles, not,
you know, mechanical or something. So, okay. >> Well, thank you very much, councelor. >> Sure. If I may read something see your opinion here. >> Yeah. >> Uh so adding number seven the proposed project will revise the exterior grade so that the lowest level is not
calculated to be a story above grade per the definition. That sounds great. Y >> someone else wants to pull the files and look at plans and wants an explanation, then there's an explanation.
>> Yeah. >> You get that? You want that? >> You going to give me that? >> I can uh I can rewrite it. Why don't you give me here? Any more comments? Could you
of course. So the proposed project will revise the exterior grade to be higher so that the lowest level is not calculated to be a story above grade for the definition. That's >> I should just note that I did mention
the adjustment to the grade in my cover letter with the original application. We weren't trying to >> No, it's it's >> the clarification. We asked for some clarification on the plan. I think we're here just trying to understand that the clarifications that we were talking
about were all made. >> Is that under three bindings and determinations? >> No, it's under two under your specific findings number seven >> and then I don't think it it needs to be put back in the decision because it was just part of the
right. Any other comments or questions? >> Um, are people good with the yellow text that was added? It's just clarifying that the F is is over instead of just listing it as being slightly over. Um, you know, that was my
reasoning or my understanding of why what I thought about it. >> Yeah. >> Okay. And then we're going to add that last sentence number or that last part seven under special number two special findings to clarify the basement. >> Okay. >> With that, is there a motion to be had
to accept? >> I'll make a motion to accept the um motion. >> Yep. Per table and I'll second. >> Second. All those in favor? >> I passes. Thank you. >> All right. Appreciate it. >> Y. How are you? Good.
Yeah, it's done. Yay. >> I'll keep you in the loop as I get it done. >> Oh my god. I will see you out there. I'll come beeping by. You'll come for a ride. >> I will. We'll have fun. >> Yes, you will. >> Thank you.
>> Thank you. >> For a ride down the river. >> We want to sign. >> Oh, no. No. >> Not yet. >> No. I just I just had the sheet. I just lost the sheet. Get over here. >> Modernistic thing. That's hard. Lucky we
that. Okay. So, after we sign that, then there's one more. Oh, so there's the cricket plane updates and there's the certificate of approval for minor modifications. I'll I'll start with that one with the minor
modification. So, if you're interested in viewing any of the inspection reports, the peerreview reports from our peer reviewer Joel Schwar, I have all of them cuz we are now processing I'm helping plan and process his invoices for services. So, we have uh build
updates on all the houses. There's building permits for 10 of the homes now. Uh two of them have been lotteryied off for uh low income. Uh and there's going to be two more or three more coming up. So, Kristen, we just want you to know if you want to know anything about the project, we can get you any
information you want. >> So, Joe is was hired as a um a conservation engineer to review the project and there was some questions like, do we want him to continue to review? And it's like, well, we're not
going to go up there. >> Wait, which one are we on? Lane. Okay. >> Yeah. So, >> you mean review in the field? >> Yeah, review in the field. If there were reports where where they submitted something about uh tests that were made or the grading or sil silt or density of
whatever >> they go to a professional that knows how to read them, look at them, check them, validate them instead of us. >> If you want to see that, it is all available. I said we don't need a copy of everything ourselves to see it. >> Yeah.
>> Like it's on record and we can get to the record. >> Um goes to Walter Ericson. Excuse me for interrupting. >> And we get a lot of complaints about trucks running over lawns and tearing up grass. Walter is spot on right on it. He
gets his contractor out there. They take care of it and they address all the concerns. He's been outstanding. So >> that's good because this the 40B, do you know where 40B is, Josh? I know. So under Massachusetts state law, you you can apply to Mass Housing to do a
project and by proving the proposed project that will include low income units, you can then build more units and you can get around basic zoning bylaw and the ZBA becomes the
permitting authority. It doesn't go through a normal process of because if it went to the building inspector, he'd just deny it and it would end up here anyway. So, it comes before us to review the whole process and the whole rigor, which is a a fairly big deal for 24
houses. Um, >> what is the owners from the state in terms of how much affordable housing has to be built every year? Is that factor in can they use that as a leverage? >> The town has and I don't know the numbers, but the town is supposed to have like 12% >> I think. Yeah, I think it's 10. >> 10.
>> Then we're at like I don't know 2.9. >> So by not having 10%, if the town had 15%, we could tell him no, we we we have enough, but we don't. So we can't really stop it, but we could do the best we can to package it. Um
it's probably good that when it it is um I don't know maybe May or something like that when it's slightly warmer and it's not mucky that we all make a meeting and go out there on Saturday and actually look at what we approved and understand with the site plan what what this actually looks and feels like. >> Yeah.
>> Um I think that would just be helpful experience and it would be helpful to hold a meeting in order to do it together. The houses are closer than they looked on the plans. When I drive by out there, they're close. >> Yeah, I made a I made a Saturday stop to walk around when the first
>> three houses were there. >> I saw the >> the undulation of the grade is more than expected. The the filling of the dirt and then boulders is is interesting in terms of what the land was like. Um, and construction has that way of of looking
very big and then all a sudden looking very small and then looking reasonably big again. So, How do we compare to other local communities in terms of percentage of affordable housing that's mandated? And does it make because of home prices and new kind of almost a target for these kind of development tactics or is it
everyone kind of below the threshold locally? >> Most of them are and if you're a bigger town like Andover then you might have an ability to do it. The other thing is that if your town and through the planning department through their master plan has a program and they can say that
we are I don't know we're in the process of modifying zoning in order to reszone several sections of the town that would allow this to be or happen or the town has precured land available near the commuter rail and this this the focus of
this land will be to promote more income housing and you have a plan in place then you have another leg to stand on to check somebody for coming in and doing stuff because you could say we have a plan. >> Thank you. But if you don't have a plan and you're under the 10%, >> it's kind of hard to fight the system on
on what what to do. >> Raleigh has an interesting one going on right now where they've planned 1,500ish units off behind the police station off of Haveril Street. >> And uh and part of their pitch is Raleigh has like we do two or three% affordable housing. You let us get these
1500 units in and you'll have 15% and no one else can come back with it for >> Wow. >> That was going to be a race track. Is that where the racetrack was originally going to be? >> I think that was further down closer to the golf course, but this is they call it Silver Lane where this one is. It's >> Wow. >> Right. There's a a police station.
>> Police station. Yeah. >> We have 64 homes at 34 central speed. >> That's so percentage of that will go up. They know that once they approve so many >> people maximum
>> there's some towns where >> there's concerns about safety concerns about the road and how they want to >> fill in a crossing. So of course the state's more I believe >> and they want to make it one way. So you have to go across Pearson's to be able to turn around.
probably say yes. >> That makes sense in some way. >> They can't say no to them once they say no. >> This one that we have, Cricket Lane, I mean, that's that's a swamp out there. And if they >> they fought it for two years on vernal pools and they eventually got it.
>> It's hard to say no to a 40. >> You can't say no to a 40. I mean like usually the developers the good developers will try to work with the town to make sure that you know they're taking in consideration what you know the residents are asking for and at the end of the day they pretty much do whatever they want.
>> It's it abuds the J Burns wildlife like people are hunting on the outside so but it's a piece of property and you figured out how to how to >> make it work. So there we go. >> Do we know what percent complete they are at this point?
10 building permits in out of 24 homes. 20 24 homes. >> Not quite halfway. >> Very expensive. >> They're going up fast. >> Yeah, that was surprising when they came. I almost fell out of my That's not the same. >> Okay.
>> All right. That's great lane. Um the the last thing is for the sunset club. We had discussed took us several meetings to to to get there, but there they requested a modification to the plan for the enclosing the louvers. We
had great debate on that and to sort of finalize that and memorialize it. It's not a decision to say, but a certificate of minor modification to a special permit decision. This format comes from the planning board. And so this is the
That's the template. And then I I drafted this. Basically, there's a paragraph describing in detail, which is pretty much um exactly for our decision. Then there's the applicant has made a request. And then there's a sentence about the board
finding that the uh requested modification to be minor, no significant interest to the public, and it was not inconsistent with the terms of the special permit. So this finalizes our our modification
decisions and if and all decisions um we now have in the back not just if there are any modifications made but there are any modifications made the ZBA has the ability to determine whether it is minor or minor or major and that clause has
been added to all our decisions. So we now have it clearly in the decisions and this is kind of the format that we would take to do it >> to approve a minor modification. >> Yes. >> Yeah. We would issue and so this came about because Kristen from the planning
board said I'm going we're having a planning board meeting and we we kind of want to know what you guys decided. It's like oh we decided that we need to figure out how to >> so that's what this is. So this is like a template going forward. Uh, I tried to
keep it to one page and not make it overly verbose. But if if and then I said I was going to draw a detail and then I added the the specification and language and a and an image that they had provided as the backup piece to it. >> I'm really glad you did that because I
think we might have objected otherwise because you sort of nailed down a dimensional requirements which is good >> which is how the whole discussion unfolded in drawing that little section in front of them. Um, and I think the the language says it. So, >> this is going to be like over the whole
sand area where trying to visualize where it's going to be. It's going to probably >> So, when you drive into Plum Island and the Sun Club is on your left, this is going to go right next to um the Plum Island turnpike there. >> It's like where have you been there?
It's like where the boat is. You know where the boat is? >> Yeah, exactly. It's going to be parallel to the roof. >> So they wanted to do it the other way and we and they and by doing it the other way they they were blocking this the the sun and the rain from coming from the predominantly westward
direction. But the thought was is that you would have this big roof as you drive on the pl all you're going to see is a roof and by turning it this way you at least see a gable which would be more in keeping with the house and and visually as you're passing by it. and they agreed to that. And then we we had
great debate on how what is open or not open. And they they had they had someone doing renderings, but they didn't really have an architect that was cranking out plans and details that would have moved this along a hell of a lot quicker. So that's
>> so one of my questions sort of for the board on this one is um it says um in the second paragraph here yep >> the gable ends of the pavilion with louvered wood panels painted gray my only you know I'm not a huge fan of
this whole right this whole thing >> y >> so knowing that it's going to be there though now um I would see it as it actually being kind of like element where they would paint it maybe a bright color so it actually
be more interesting. I don't know. Do we just want to leave the painted gray part out so that they could >> It's It's This is a question, right? Is it too >> This is done. >> Did we say painted gray? >> Yes. >> Are we told them paint gray already?
>> Well, I think they submitted and said they would paint it gray and so that that was that's what I picked up on and that's why I put it in here. >> Okay. So they can come back and try to if they think that's a great idea or they want to do that, they can ask. >> Okay. >> Um they can just go do it and then if
someone needs to call the the zoning enforcement officer, which is building inspector, and see if he wants to call it out. Um gray is if they did if they put it up and it's wood and the wood was unfinished and untreated, it would turn
gray anyway. >> Yeah. So, so I think this this proceeds and once it's up, if there's a if you have really have a strong opinion, you could always go there and say >> like >> this would be good if this was
margarita. >> Well, if it's there now, let's try to at least make it into something that's a little more interesting and fun. But you have a comment about the backing behind. >> Well, I think it's sort of important to add that they can't put anything behind
the louvers just cuz it came off a couple times in our conversations. >> Oh, you mean like a screen or a mesh or something? >> Well, or even something solid. >> You know, if the rain was still getting in, >> you know, >> I think we'll we'll live and learn
across that. And I guess my experience on this to complain about that. >> I think someone would call to complain about that. >> If they put something on, >> they would definitely call. >> Yes. >> And I think the next time we get someone
that gives us renderings to done on a free software, um we might say like, "Look, can you just hire somebody and this will go a lot quicker if you get a professional take some pictures, chat a little bit?" >> Yeah. Otherwise, you just keep you just keep you kind of sort of but not really
doing it and it it takes a lot of time. >> It's taking a lot of time. It's the same thing when someone does like a handdrawn sketch and they think like that's what they're going to present to us and they don't want to pay the 1,800 bucks or the two grand for the for the surveyor, but >> um it's kind of hard to to look at the
details and get the right dimensions if it's not done that way. >> So that is that's Thursday night. All right. Our next meeting is in March and we have what's on deck. So 15 Sunset Drive is
finally coming through for their special permit request. So in Josh, in your manual, I added the two variance requests that came through zoning last year for 11 and 15 sunset. Um the applicant wanted to make both lots more
equal so we could divide them and build a new dwelling on 15. >> Sorry, >> Mr. Vandetti wanted to take two lots and divide them, but one lot was small and one lot was large. And we had discussion about was that in keeping with the
neighborhood and asked them to show us the different size lots in that area of Plum Island. And then it came back to say like the thought was, okay, that was great. We appreciate that. But really, if you're going to subdivide the two lots, you got to make them more equal.
You can't have you can't make a small lot and then make a big lot and then put a bigger house in the big lot and then and then tell us that you want to put a normal house on the small lot. Just make them equal and then you can put a size house that's appropriate per the
regulations on both. So it the one lot on the right is slightly bigger because the Dartmouth way is an unimproved way and doesn't actually exist only on paper. And so we asked him to swing the
property line a little bit so that the the driveway on going to Sunset actually made it to Sunset and wasn't totally on Dartmouth because technically he didn't have access to illegal frontage. The fact that it's not pre-existing
non-conforming. But >> so that's that's where we are now. He's coming back to the house >> and we won't discuss it now, but review it and we'll figure it out. >> So he wants to vote on 15, not 11. >> So just to clarify, the lot line issue
has been resolved. We're all set with that. We've done that. >> He's all set with planning. They had the the ANR plan endorsed and the lot line adjustment plan and that will probably be included. >> So now it's just he's got two lots. They're slightly different sizes. And he's going to put a house on one or the
other. And we weigh that house just like we do every other piece of property for it size, >> on its merits. >> For its merits, perhaps. That's it. >> Very good. >> Okay. All right. We will see you in March.
>> It's Eric's birthday today. >> Happy birthday. >> Birthday. >> We got you out early so you can go. Right. >> All right. I make a motion today. Oh, yes. >> Close the meeting. >> All right. Is there a second? All in favor? I. All right. Thank you.