good evening uh ladies and dlan it is Thursday January 30th 2025 at is 7:30 we are here at the Newbury municipal offices 12 Kent way and five field Max we're on the second floor hearing room this is the zoning board of appeals meeting public hearings we have Chrissy V who is our excellent Administrative Assistant we have Jack Kelly who's a member we have Michelle weeder who is an associate member we have Mario harali who is a
member and myself Eric span member chair so with that Mario if you would open up number one okay um Gerald fandetti the applicant 11 and 15 Sunset Drive the applicant is requesting a variance reversal of administrative decision and a special permit finding for relief from newb zoning bylaw SE 974 d2b and 97- 6B regarding allowed use in dimensional requirements in order to correct the lot
configuration allowing for the creation of a legal non-conforming lot to be redeveloped in order to raise the pre-existing non-conforming dwelling and for the construction of a new family single family dwelling with Garage on filings on the property located at 11 and 15 Sunset Drive Pal Island Newberry Mass 01951 sor ma02 plot 78 we good evening Mr P good evening Mr chairman and the board thank you um the
uh the board requested that we submit letters this evening however due to a medical condition I have I wasn't able under that short notice to put those letters together and I'm requesting that we do that next week if that's acceptable okay um but I'd like to just make a couple of talking points now and then continue that okay with the letters we are
here with the um understanding that you have two properties yes you are looking to move a property line of two non-conforming properties and thus for need a variance for each property in order to do so as I understand it yes okay so I had sent some communication to you yes did you copy the other board members with my communication yes okay um so I copied Chrissy Chrissy copied
you chrisy copied the others you guys have received my letter it's fairly we have an understanding of the process that we need to go forward yes and so each each property needs to have an argument um which is within the criteria of the variance chapter um 49 section 10 um of three conditions of which we can grant a land variance yes and so
that's that's where we're continuing the discussion tonight correct excellent thank you so we all understand where we are okay um as I understand it that that whole area is zoned residential and Agriculture and the the only issue that we have is that the lot our zone for single family use and single family use H uh and and and on
those lots have issues on lot 15 we do not have Frontage on a street which makes it impossible to be built on as a single family house and it's the house that's currently there is not entirely on lot 15 a portion approximately a third of the house is on lot 11 thus
this makes it a hardship for lot 11 having a third of a house that doesn't belong to it on a single family lot we have a third of a house sitting on it currently and that creates a hardship in that it is impossible to to sell that house without uh to sell that lot without doing uh having getting some relief from the
board through this variance uh so so was that the hardship for 11 or 15 that's 11 so the hardship for 11 is that is the house part of the house on 15 is on 11 is on 11 it makes it uh is it a single family uh house on 11 or is it a a a a one family in a third house on 11 so it's to clear that
up and and when you read the uh the enabling legislation it specifically uh states that uh excuse me for reading this uh owing to circumstances relating to soil conditions shape or Topography of such land or structures it makes reference to structures on the land and that's what we're talking about here is
the house is a structure on the land and that is considered a hardship according to uh 40b section 10 so that's uh that's the problem with uh lot 11 and as we discussed earlier that by reconfiguring the Lots we do not make it any different from any of the other Lots in the neighborhood so nothing has changed in terms of making
it so different from the from the existing neighborhood it's all uh they all comply there are lots of of similar sizes in the neighborhood so we we on that point we are in I think in agreement with the board that that is an acceptable uh use of variant and I think we want to uh have
each I think that's basically our our argument that we will put in a more formal form with uh the letters to the board uh coming next week so we we see that there are two variances here one is it does lot 15 does not have Frontage and yet it should be it's a build it should be a a lot that can be used for single family use and and so it needs
Frontage and lot 11 has a a structure on it that doesn't belong there and doesn't comply with a single family uh use of that lot it has a house a third of another house sitting on so that's the argument we I think we're going to put together in our letters the board okay y I mean that's basically the argument and we we'll formalize that with the letters and additional graphics
and material that I think the board would find helpful thank you thank you and and I just would add that the the exercise to show the lot size although um to show the lot size was not necessarily A reasoning for the variance but an understanding of of the next step of of
of understanding what if the Lots changed size would they be in keeping with the neighborhood because then the next decision if you are looking for findings on those newly created lots and those newly created Lots we're not in keeping with the neighborhood then we would we would have just created a new issue for ourselves the second time now we're talking about keeping the Lots the lots are consistent with the neighborhood that's the that's the argument it's not part of the variance argument well I
think it's uh one of the issues I think in in a variance is it has to comply with neighborhood uh neighborhood uh yeah it can't conflict with existing bylaws and existing zoning yes it can't be s a line that it doesn't fit the neighborhood if that doesn't that wouldn't make sense for for variant okay yeah so with that is is there a motion to continue so that we can receive the official arguments or letters um for the
variances that then we would receive and we would um each separately review and and have that the next meeting do do we have a date for the next meeting the next meeting should February 20th should be standard third Thursday of the month it's is there something going on that day is that right actually not here that one are you
um is there issue yeah I'm not here on the 20th unfortunately I can do the night before the 19th it's my birthday I can't think of a better way to spend it is this room free I think it is well what on the 20th it is on the 19th I don't know there could be a planning board meeting that night I can go check uh hang on we'll have a quorum
because Mario doesn't leave for vacation until the 24th let's see if I can get TOS go to my new desk Mario could vote if he watches the video right yes video you'll be here 19 yeah I wasn't here last meeting well this is this is two meetings this is the
third yeah if you were able to watch the video for this you only have to watch the last two hours by many times I
she's on the upstairs the planning board planning board has a virtual Zoom meeting on the 19th so I think this room is available we could do it on the 19th it is available on the 19th 19th yeah 19th so we're changing February's meeting to the 19th cuz I have a new submitt for that yes okay so it will be here 7:30 February 19th somebody like to make a I'll make a
motion to continue uh Mr fed's hearing to our next scheduled meeting which will be on February 19th here in the at 7:30 second second all in favor I all right you've moved our meeting to Wednesday the 19th okay great thank you appreciate that yep very right next one please uh Susan Thomas C again 3 37
Street the applic are requesting a special per finding for relief from section 97- 485 c01 increasing footprint Newber Zing bylaws and any other per as may be required by law to allow the propos use project for renovation to the existing dwelling including Debs on the property located at 337 Street Newberry Mass
0151 yeah approved and closed public hearing from 1219 24 meeting dra decision for board so for this one the butters submitted a PowerPoint presentation on their concerns so I wasn't sure if I had to add that under section two submitted materials and information because it's not from the applicant but it was a supplemental submitt on the last meeting we we we received that we did from the
abuts so it goes on the record all right so I added it as four under page three keep that please read and um
yeah for
[Applause]
for for [Applause]
out
I only have a minor comment and maybe it's not even important on page four letter g at the top there um just in the description of what the project is maybe just say um renovate the interior and then close some of the
existing decks decks I don't know how I'm best to say that some of the decks are becoming enclosed heated space so s just incorporating that somehow so uh two family residential dwelling on the lot comma in EN close was it one or two decks I think it was I think it's just one and it's only on the second floor new habitable space at second floor level in existing deck
location yeah so in close um we say includ level deck to habitable to habitable space comma and the expansion of one deck and the construction of an additional deck which will result in increased footprint foot footprint so that's the back deck
and the side deck yeah that make sense I sense all right and close second level deck to habitable space okay okay okay cool good catch any other just a point of order Chris did we see the PowerPoint during the meeting in December it was
distributed because we couldn't get it up on the TV that's right okay very good thank you's going to show me how to do that remember seeing a power thank [Music] you Mar Z Would you like a motion I would like a motion other comments no other comments uh I make a motion to improve
uh to excuse me approve the special permit with the correction as noted by m is there a second second okay second you understand okay all those in favor pass all right next one please uh Tamara earlin and Margaret Wallace a from Bush Downs the applicants are requesting a special
permit finding for relief of section 9745 C 02 upward extension of new Zing bylaws and any other permanent fle as May required on the return bylaws to allow project in order to construct a second floor into onto the existing single family dwelling utilizing the existing found in walls on the property located at a island Mass R51 R approved and closed public
hearing for 12 from 12 1924 meeting draft approval decision for board to review okay so the one comment I have about this one is it's a condominium it's not a single family dwelling and they don't own the land so I had to tweak the language a little bit to reflect that it's a condo so I don't know if will be accepted which part is the is the tweak in so more so in the uh like page three
I tweaked that which describes the I see like the property itself includes condominium cond okay and then again on page four
okay
on je do we need to put the original height you have yeah oh
yeah I didn't list what the original height was on the [Applause] for and I looked at my need notes and I didn't see weapons look like it's on the last wrong but it's so small I don't think I can read it I do have the full sheet I go
that yeah they just have to the top of wall just so it's like what yeah 7t I think at top of wall so that's not to the you have the drawing
hand making me look bad [Music]
don't give the existing height on the at least on the form yeah they give the new height at 30 [Applause] [Music]
yeah average is 30 ft doesn't look like just top
wall like two copies two copies the same there the table no that's just not filled out that far this here oh that little table Yeah I can't read it my go strong
enough who's the architect's the surveyor gav and GL [Music]
C
[Applause] [Music] sorry that would be are we looking for the we're looking for the full size survey so that we can read we get a full size survey with us Mar you just pointed out yeah or we
could scale it if have they have existing here they have something here top of wall we I mean we could say about you know average height is about 10 ft probably what's that say if she brings the full size drawings
we'll be able to to see that this looks to be about equal to that so if you take this at one and a half that's about and again if it's like 15 ft approximately approxim 15 plus all right keep keep reading think
I oh this was fairly simple one I thought I have the originally before it was scanned exist can you read that I cannot you want me to try I can try [Applause] wait that's this is that this that's
this9 those are just boundary Dimensions I think yeah I don't think those are Heights right no I looked at them I could here oh yeah that's 7t that's a s this one right existing de and that's the height of it I think no that's the wdth that's the width of the building I'm plan so this is where you got the 10t wall it's a seven foot wall yeah and then what average it looks like it say 7 ft I
think it says 7t top of wall 7t does I can clearly see that so the the height to the mean part of the roof is 15 ft plus minus yeah probably not even I would think a little less but 15 is fine okay thank you so you're going to put 15 and put a plus minus approximately plus minus yeah
okay be here much longer and it's so you done Mar yeah I'm done
else um if is there a motion a motion to uh approve the uh special permit as written including Mr Carnival's comment about the uh existing
Dimension is there a second second so I would i' would like to make a secondary motion that just says that we sign the sheet here and now I was going to ask that and let chrisy make the one simple edit and then this can package and she can move along in sequence can we do that for the first one too let's get through this one let's undo our our deed sure so um the motion oh
so is there a second to that motion second okay so all in favor with the second motion I all those in favor with the first motion approve I passes okay make sure we're we're doing this form Robert that's what we miss Mar she was relentless kept us in
um this is an Eric Jack and Michelle sign
all right thank you so we could for the last one since it was just um a sentence edit if we could sign that page and put it back are you going to do that with 337 we're going to do that with 337 the procedure should be that you make the edit yes you
attach the signature page you send it to me I double check it and then you can proceed okay okay um do someone want to pull I got all right okay
it's good it's a good day sometimes from the end of ready to slow down well even last month it went pretty quick except for the first one 11 and 15 that took a couple hours last 20 minutes on camera I was thinking I been here 24 I've been here 12 years maybe or
10 years 12 so 12 years two maybe three variances at the most so the variance is a rare thing inde D yeah and I and I really only remember the one on um down by the Parker River the pink house no no oh very nice that was very ni didn't didn't materialize and didn't
really go but someone had a real big issue with uh a big Ravine and ledge and the position of their house on the land and they wanted just to move the house a bit everybody else in favor it okay all right final four uh John haret 59 from Island Turn Pike the applicant is requesting a special permit finding for relief from section 974 D tax 5 c01 increase in square footage and 02 upward
extension of the newb zoning bylaws and any other per relief as may be required the town of to allow the propos project in order to raise the existing bu and the construction of a new single family delling with a garage on the property located at 59 Pike uh m 01951 sors m r512 approved and closed public hearing for 1219 meeting draft approval decision for Board
review okay on this one I know the header is wrong on pages 2 through six so it's was for a different project I forgot to change that so that's wrong and then on page four of six the form did not have the rare setback of what it was going to and I missed it in the notes and I didn't write it down in anything I had I remember we did that though we did the math we got it somehow
I think it was something about the angles it was the same number with two different angles or something yeah I think the smallest one was what 38t to see oh I see yeah know you right right there is a 38
ft oh yeah the two lines are parallel to each other they're both 38t so we're looking for the existing de
dwellings setb is that what we're looking for what what a decreases to the rear set back it's decreasing from 38 ft to somewhere looks like the new one is 38 right that's what I'm seeing I don't know if we have the existing but it's decreasing to 38 which is still
[Applause] conforming yeah the existing is more of an angle to the but it's yeah it's no
I have everything but I there is a that's I yeah that makes it a lot easier J 38 38 is
the looks like the new is the tightest point the existing is well the tightest point is also probably 38 okay it doesn't change yeah the building is rotated but the tightest point is still 38 that we did comment on that last night just about yeah the existing might be a little bit more might be like yeah might be a little bit more but what's dim menion right there is it that Dimension
38t but isn't isn't the dimension to the existing no it goes to the new the new corner of the building I think what's the next men it's also 38 that goes to the deck yeah right but the deck as part of the the existing so it's the same the same okay thank you you could never have told that without Michelle's growing I couldn't see that at all on
this it does say here the rear setback also decreases and remains conforming so all right re in the rear setb Remains the Same at 38 ft well you can say the rear sa pack remains conforming 38 ft yeah I like that better okay
yeah set cross that out remains conforming at 38 ft okay
[Applause] okay title is there
third no I'm good is there a motion to be I'll make a motion to approve the special permit as written with the two Corrections that we have noted second second all those in favor [Music]
passes make another motion to sign no okay good just thank
you yep so if you would put um February 19th you just you have to get anything but a card might be nice for wednes you need to get a card for
the my husband's birthday is 18 oh uh with that is there is a th roll okay uh motion motion to uh close the meeting Jour y second second all those in favor