WEBVTT METADATA Video-Count: 1 Video-1: youtube.com/watch?v=Qcfzuh38L-4 NOTE MEETING SECTIONS: Part 1 (Video ID: Qcfzuh38L-4): - 00:00:00: Meeting Opening, Introductions, and 25 West Hodges Overview - 00:05:36: Discussion: Required Engineered Plan and Setback Information - 00:09:31: Building Commissioner Explains Increased Habitable Floor Area - 00:10:49: Homeowner Explains Difficulty Obtaining Certified Plot Plan - 00:15:07: Application Continued, Surveyor Information, ADU Discussion - 00:21:07: New Application: Variance for Shed at 111 King Phillip - 00:26:49: Public Comment: Neighbor Speaks in Favor of Variance - 00:28:39: ZBA Discussion & Approval: Shed Variance at 111 King Phillip - 00:33:54: Island Brook: Regulatory Agreement Signature Approval - 00:42:59: Closing Remarks, Minute Updates, and Adjournment Part: 1 1 00:00:00.080 --> 00:00:16.080 This is a uh Town of Norton zoning board of appeals meeting. Uh Mr. Tenori and myself uh Tom Noel are here. Uh our third member tonight is Lucas Wazak. 2 00:00:16.080 --> 00:00:33.360 You need that, huh? Yep. I see. Our third uh Yeah. Hi, Lucas. Lucas is appearing by Zoom. Um this is a meeting of the zoning board. We noticed this, published it. um along with a Zoom link so that members of the public can also 3 00:00:33.360 --> 00:00:49.840 attend uh remotely if they wish to. But tonight our third member, Mr. Waziaak, is doing that as well. Uh we have three items on the agenda. First is 25 West Hodgees Street. 4 00:00:49.840 --> 00:01:07.960 Jeff Rosmanian >> thanks. Are you here to present the application? >> Um yeah, I have a homework right here. Okay. Can you uh come on up or somebody come up? We just ask a couple of questions just to introduce what's going on. 5 00:01:08.720 --> 00:01:26.240 >> You got nominated. >> Because a non-conforming lot. >> Yeah. Yeah, I see that. This is um 25 West Hodgees Street. It's non-conforming. Why? It's Is it undersized or is >> because the um house is pushed over to 6 00:01:26.240 --> 00:01:42.560 one side? >> Yeah, it is. Uh right on the border. Yes, >> on the U I think eastern side. It's it sits right on the border >> as shown on the plan submitted. I also wondered if it was um unders sized, but that's that's fine. Uh 7 00:01:42.560 --> 00:01:56.240 there's plenty of frontage. It's in an R40 district and this is a uh application um to expand the house by building a second story, right? >> Second story edition. Correct. 8 00:01:56.240 --> 00:02:14.720 >> Yep. Can you just um outline on I have the tax plan here where the second story is going over. Is it going over the entire >> the entire house? Correct. >> The entire zigzag shape. >> That is um this section right here where 9 00:02:14.720 --> 00:02:30.160 there's uh where it zigzags right here. This is the front. >> We're going to extend this over and square it off in the front here. So the first floor underneath will basically be a porch and the second floor is going to carry over catch a beam on the outside edge. >> Okay. I think then that that was my 10 00:02:30.160 --> 00:02:45.440 question because I thought it was in the same footprint. Um do you have a plan showing the uh the work on the first floor? >> Uh we have all the engineering in with the with the uh the second floor. 11 00:02:45.440 --> 00:03:02.640 >> What we have submitted is a septic plan from a few years ago. And it doesn't show any um layout. >> Yeah, we have um everything that we have is going into the building department with the engineering for the uh Oh, here 12 00:03:02.640 --> 00:03:19.280 it is right here. Proposed that was submitted into the building department. >> Yeah. Could I see that? >> Oh, was this on the um website? I didn't see that. >> I don't see Yeah, I don't see it. But I see it now >> because he had questioned what we were 13 00:03:19.280 --> 00:03:34.720 using for footings. >> Yeah. >> So, we had to get We had to get the footings engineered. >> That's right. I saw the footings diagram in the packet. Yep. >> But I didn't I didn't actually see this. >> That's what the footings were for. >> Yeah. I wondered that. So, thanks for reminding. >> Wait, no, it is in here. So, the footing 14 00:03:34.720 --> 00:03:49.599 is >> Yeah, I saw that. >> Okay. >> Yep. And that's going underneath the porch, >> but I didn't see the the this part of it, the porch extension. >> Oh, no. I'm sorry. I thought it was in this, but I guess not. 15 00:03:49.599 --> 00:04:07.040 >> All I have is a septic plan from um 2002. And could you >> I don't see on the I don't see on the portal a um a document showing a plot plan with what's proposed. >> Yeah. Okay. Um the applicant 16 00:04:07.040 --> 00:04:23.759 >> contractor has just handed one to us. Go ahead. in the on the open gov it will say 25 West Hodgeges floor plans. If you double click that >> the first one 17 00:04:23.759 --> 00:04:41.520 >> does show the stairs coming down. So I guess that would be the floor plan of the >> I don't think so. >> No. If remember that we require even if 18 00:04:41.520 --> 00:05:00.080 you're adding new steps, we require all the setbacks >> show. Yeah. Yeah. This doesn't change the setback on the side that's right on the property line. It changes it on the other side, but it may be within the u 19 00:05:00.080 --> 00:05:18.639 well the sideyard setback requirement is 10 ft. I guess it wouldn't be within the setback zone, but >> Oh, that's for the smoke detectors. >> The building looks like u not on the 20 00:05:18.639 --> 00:05:36.080 septic plan submitted, but on the uh map geo town map website, it it looks like the building is right on the property line. Is that basically >> they're about 8 feet off the property line? Yeah. >> Oh, they're eight feet off. Okay. Well, that that doesn't show. What we require 21 00:05:36.080 --> 00:05:51.199 with that application is an engineer drawing showing where the setback the setback numbers in other words the property lines and the setbacks. What you're asking to do, we understand, is just build up. >> Correct. 22 00:05:51.199 --> 00:06:07.039 >> But um it would it be up to the the board to decide if um you know there's enough information here. We we usually require an engineered plan showing the distance to the boundaries. >> Okay. >> And this this is not it. This the septic 23 00:06:07.039 --> 00:06:24.000 plan is not it. And since the applicant is as we asked them, you know, is there anything on the first floor? Applicant showing us, yeah, there's a a fill-in on the first floor of some sort, a proposed porch. 24 00:06:24.000 --> 00:06:39.360 That's where the posts will go. But we uh we should talk about whether we um want an engineered plan showing us the setbacks on the side from the property line. 25 00:06:39.360 --> 00:07:04.000 >> Um and I I think we think we need that. >> In other words, >> yeah, >> it's an Go ahead. They're not really changing the I mean, I get they're adding a second floor, but they're not changing the first floor 26 00:07:04.000 --> 00:07:20.160 footprint. >> Exactly. >> Well, so >> this changes the footprint. >> This changes the second floor. There's nothing underneath. >> Let me understand. Let me understand. So, right now, the shape of the house 27 00:07:20.160 --> 00:07:35.599 >> is a Z. A Z, basically. >> Let's call Let's call it a Z. So, we're going to fill in the bottom left corner with footings for posts to hold up the second floor. We're putting a deck structure in and we're putting steps in. Correct. >> There's no steps going in, but it's 28 00:07:35.599 --> 00:07:50.720 going to be it's going to be level. It's seven inches off the ground >> on that side. >> Okay. But in either case, we are expanding the footprint of the first floor and adding footings in. >> Yeah. All right. >> Yeah. The footing the footing is being added for to support the beam for the second floor. 29 00:07:50.720 --> 00:08:06.240 >> Yeah. So what our what? So because we've had this over the years, what zoning requires for us to approve anything any fixed structure. So that includes even even a step even a stone step being set in your yard would require because it's 30 00:08:06.240 --> 00:08:23.919 it's a fixed unit. So, we need a plot plan that shows that the inc, you know, the first floor expansion doesn't impede on any of the zoning setbacks. So, we can't necessarily vote to say, well, the addition won't be any, you know, closer 31 00:08:23.919 --> 00:08:40.320 to the front setback than the current house is because we tried doing that in the past and it's not allowed. So, >> yeah. >> Um, >> yeah, we just need a we just need a we need the 2002 plan. Bas basically we need the 2002 plan with all the house setbacks to the sideyard, the front yard 32 00:08:40.320 --> 00:08:55.680 and then um this also triggers I think the 25% increase. So we also need a table that shows the increase of uh >> I think living space. >> I think that's why it's here. I assume that's why it's here. The building commissioner is not here with us tonight. >> He's over Zoom though. 33 00:08:55.680 --> 00:09:13.760 >> He's over Zoom. Uh is he >> on the right Bailey? >> Mr. Mr. Bailey, can you hear us? He might have tuned in but not be um sitting there. Um I'm assuming that Mr. 34 00:09:13.760 --> 00:09:31.200 Bailey sent this here because it's an increase of more than 25%. But that's that's exactly the point. We >> what we need is an engineer drawing plan. I mean, Vance, >> sorry I couldn't get myself off of uh mute, but >> that's okay. Mr. Bailey, uh our building 35 00:09:31.200 --> 00:09:46.320 commissioner is here. Is this uh before us because it increased the habitable floor area by more than 25%. >> Yeah, they're looking at almost 100% increase on this one and he was pushed way over to that side lot line. I did 36 00:09:46.320 --> 00:10:02.800 request a certified plot plan. We uh we haven't seen one come through yet, but >> Okay, that's exactly what we're talking about right now. Hold on, please. We're talking about that right now. Um, >> this was requested as one of the first 37 00:10:02.800 --> 00:10:18.000 things once I saw the drawing and saw where it was. >> Okay. So, >> um, I I had hoped they'd get one in by the time they got to you guys, but apparently they did not. >> So, Mr. Vance had done this in 2002, so I assume he has the measurements. I 38 00:10:18.000 --> 00:10:33.680 don't know that. But what we require is a certified stamped by an engineer plot plan showing the present construction that's there >> with the distances to the property line. >> Yeah. >> Okay. >> And even the uh the front sideyard 39 00:10:33.680 --> 00:10:49.440 setback we'd ask for >> because we want in the record what makes it nonconforming and then we want to see what you're adding. >> Isn't this what you guys got from the town? >> Yeah. >> Yeah. But the town doesn't give you what you're this 40 00:10:49.440 --> 00:11:05.600 >> I you requested it. I came to the town and asked >> who what is your name, please? And could you come to the mic? >> Yep. No problem. >> Thanks. >> How's it going? My name is Christina. I'm uh the new homeowner. >> Okay. What's your last name? >> Campbell. 41 00:11:05.600 --> 00:11:22.800 >> Okay. Um, so that was requested from us uh when we first submitted and I came into the town and I went um I'm not sure which specific office I went into and I requested the certified plot plan and they said they did not have that in 42 00:11:22.800 --> 00:11:39.360 their office. And then I they sent me over to uh a different office to request the septic plan and they had to get that out of what you guys just submitted to have it all digitized. So they sent that over and that's what they gave us. So 43 00:11:39.360 --> 00:11:56.399 that's what we submitted. >> What we require is something different. It's a >> engineered plan showing the distances to the sideyard setback. I can see that it's some distance away and you're you're talking about the existing house. 44 00:11:56.399 --> 00:12:12.079 >> You're talking about it as it stands currently. I believe it's 35 ft from the frontage. >> We need an engineer. >> Okay. So, where can I ask where do I get that from? Because I came in here for that doesn't supply that. You have to 45 00:12:12.079 --> 00:12:28.800 hire an engineer, a um a certified engineer to >> to get it done. >> Um >> now, Vance had done it back in 2002. I don't know if he had done a property line as well. Okay, >> but that's what we need. We need to see 46 00:12:28.800 --> 00:12:45.120 the present construction, the distance to the sideyard and and looks like to the road as well >> because we don't know what that is. >> And not only do you need the what's existing, you're going to need it >> with the second another one for this the proposed. 47 00:12:45.120 --> 00:12:59.920 >> Okay. Because and and I guess I misunderstood what was going on here >> because it's your your current one's going to say it's 55 ft to this corner >> in the front, right? >> But your addition is going to say no, 48 00:12:59.920 --> 00:13:15.200 this is 16 ft. So it's going to be 16 ft less and then we need to see that distance. You know what I mean? >> So I have an example. I would definitely direct them to the table requirements we have guys where it's it's more than 49 00:13:15.200 --> 00:13:31.760 that. It, you know, the R40, the lot coverage, the habitable space, the side setbacks, back back setback, front setback, make sure it's all covered. So there there's a reference table that the zoning board has that you can re give to the engineer. But if you hire anyone 50 00:13:31.760 --> 00:13:47.040 like Rim Engineering or any of the other engineers in town, they're very well aware of what is required and they'll and they'll help guide you through the process. So, >> so my question is is why wasn't this spoken to us previous to this? Because I would have been more than happy to have 51 00:13:47.040 --> 00:14:02.000 all of this information for you guys for the cleaning, but I just was unaware. >> The town doesn't do that. The town doesn't go out and measure itself. >> Yeah. And I understand that. miscommunication contractor. >> Excuse me. >> Yeah, Mr. Bailey. 52 00:14:02.000 --> 00:14:18.480 >> This was this was told to the builder that he needed a certified soft, >> excuse me, plot plan from a registered design professional. >> For example, up on the screen, >> this is what you guys turn back in >> is our second hearing tonight. That's an 53 00:14:18.480 --> 00:14:33.839 example of a I I actually don't know if that's the page. I think it is certified pot plot plan. It'll show the distances from the construction to the sideyard setback and also the dimension of the construction and dimensions of the house 54 00:14:33.839 --> 00:14:50.560 >> because table 6.2 2 or 6.3 has all the requirements for an R40 zone, single family residence, and you need to show us what numbers are proposed and what's there now 55 00:14:50.560 --> 00:15:07.120 >> in order for us to then say, okay, we're going to take that plot plan and actually send it into the land evidence records in Taton. >> Okay. Uh so what does this do for us? So from here we have to get that engineered plot 56 00:15:07.120 --> 00:15:21.760 plan done. >> We can continue hearing for till our next meeting >> which is when >> I in about four weeks. >> Okay >> Brian do we have dates? >> I think we do. Hold on. >> And just just one point it needs to be from a land surveyor not an engineer. I 57 00:15:21.760 --> 00:15:36.880 know we kind of say them. >> Yeah you're right. >> Cross over but an engineer cannot stand for uh >> June 24th. >> June. >> Is it possible to get all this sent to me in email? It's on our website under zoning. 58 00:15:36.880 --> 00:15:54.240 >> Yeah. If if if your builder didn't understand what Mr. Bailey was referencing where, you know, we have no control over that, but the standards are on the website and table 6.2 2 6.3 has the minimum setback requirements and 59 00:15:54.240 --> 00:16:11.040 also has um you're not going to encroach I don't think but we need to have a land surveyed plan showing us what the numbers are >> and also the square footage of the planned construction because we need to put it in a decision. I don't know that 60 00:16:11.040 --> 00:16:27.120 there's any problem here with what you're asking to do. >> No, >> but we need to put that in a decision. we actually attach the plot plan, the survey plan. >> Uh, one other question. I don't know that this makes any bit of difference, but I just figure I'll ask it. Where we're not going any closer to the 61 00:16:27.120 --> 00:16:42.079 street, you still just need the engineered plot plan to make sure that it is currently acceptable. >> Tell us what's there now because you're saying that it's a non-conforming construction and it looks like it is, 62 00:16:42.079 --> 00:16:58.160 but we want to know what are the numbers. >> Okay. and and you know to make sure that nothing gets built in the future. I mean another homeowner in a couple of years might come in and say well you know we we want to >> square it off here 63 00:16:58.160 --> 00:17:15.280 >> right we want to see on a land surveyed plan what's there now and what's proposed with the numbers filled in into a reference box and Mr. Tori is absolutely right. Any of the land surveyors that are in the town that we normally deal with will know. 64 00:17:15.280 --> 00:17:32.320 >> Can you repeat the name of them one more time for me so I can make a note of it? >> Land surveyor. >> Yeah. >> Well, the plan is >> Sorry. >> Was it Crim? >> Rim. >> Rim. >> Rim Engineering is one. This one was stamped by John Vance. Is he still 65 00:17:32.320 --> 00:17:48.240 >> I have no idea. >> We see his stamp quite a bit. >> We've seen his stamp. I I can't tell you if he's still >> Yeah, I don't know where he works right now. There's no company here that I can see. >> I had one more question and whenever >> Go ahead, Mr. Wasio. 66 00:17:48.240 --> 00:18:04.480 >> Um the just to get ahead of it, the proposed second floor, um I think I saw somewhere in the file that it was being referred to as an in-law. Um, is this being considered possibly as an ADU, an apartment dwelling unit, or is it going 67 00:18:04.480 --> 00:18:20.000 to have a kitchen upstairs or >> No, no kitchen upstairs. Just the one kitchen on the bottom floor. >> Okay. So, it's just an extension of the house. It's not going to be like a separate dwelling for someone else to live there. >> Uh, our mother, my mother-in-law's going to be living with us as well. 68 00:18:20.000 --> 00:18:34.799 >> No separate kitchen though. No separate entrance. >> No separate entrance. None of that. >> Right. That that is in the application itself. Okay. No, I just want to make sure the applicant's aware that Massachusetts has an ADU law that passed recently where it 69 00:18:34.799 --> 00:18:51.360 gives exemptions to some zoning requirements, uh, which you can talk to the building commissioner about, um, and also do some research on it. But if you do consider an ADU, you get some exemptions from some of the zoning board requirements. So, that's something you guys might want to consider when you 70 00:18:51.360 --> 00:19:08.480 come back to the board. Um but >> currently this doesn't meet the requirements for an ADU. They would have to do the full kitchen and a full dwelling unit. >> Yeah. >> Okay. >> And it it only gives an exemption for the use per se, but our increase of 25% 71 00:19:08.480 --> 00:19:24.080 is still holding true going forward. And the table on the plan that we'd like you to submit should tell us there is so much square feet of living space now and proposed is this amount of living space. Okay. >> And we haven't had a problem with any of 72 00:19:24.080 --> 00:19:40.640 those. Uh but we need to see it on the plan on a plan >> that has a a stamp of a land surveyor. >> Okay. >> Yep. >> Okay. Perfect. >> So um >> are we going to continue till next month right now? >> Yeah. That's what I'm going to suggest to the board. Uh, do you have the 73 00:19:40.640 --> 00:19:57.200 ability to contact somebody and see if they can get it done by then? >> Uh, yeah. As soon as tomorrow, we'll be understood. So, if you can't get it done for the next meeting, we could continue. You can you can email or call Mr. Carmichael and we'll continue it again 74 00:19:57.200 --> 00:20:14.000 to July. But we're not trying to hold you up either. We want you get going. Yeah. >> Is there a possibility that if we get this done prior to the month meeting that we could try to meet again prior to that or No, >> no, >> we don't have a we don't have a meeting 75 00:20:14.000 --> 00:20:29.919 prior to the 24th. >> Okay. All right. >> That's the best we can do. Is there a motion to continue this matter to the next hearing date, which is June 24 at 7 p.m.? >> I'll make that motion, >> Lucas. 76 00:20:29.919 --> 00:20:46.320 >> Okay. No further discussion. All those in favor, Mr. Tenori, >> I. >> Mr. Wazak, >> I. >> And Mr. Noel votes yes to continue. We'll see you on the 24th. Sorry about the >> Thank you for your time, guys. Have a good one. >> You should look at the uh zoning requirements though on online. 77 00:20:46.320 --> 00:21:04.120 >> Yeah. Did you say that was table 6.2, >> 62, and 63? The requirements are spelled out there. Yeah. >> And the land surveyor will actually take care of all that. He he'll know what we're looking for. >> Perfect. Thank you. >> Okay. Thank you very much. Yeah. Thank you. 78 00:21:07.760 --> 00:21:24.480 >> So, June 24 is the next >> Yep. >> Okay. The next application u on for tonight is 111 King Phillip Road. And who do we have here? could you come up and uh 79 00:21:24.480 --> 00:21:44.159 introduce yourself just to uh tell us what's uh going on and what you're seeking. >> Uh the owner is listed as Alexander Budinich. >> Hi, thank you. And your name is >> Colleen Smith. >> Colleen Smith. Y 80 00:21:44.159 --> 00:22:00.640 >> are you an owner as well? I am. >> Okay. >> Uh thank you. applicant is seeking a variance to allow for a shed that is on another property. And you just found this out, it looks like. >> Correct. >> And you're looking to actually move the 81 00:22:00.640 --> 00:22:16.320 shed onto your plot. >> Yeah. >> Um you're not looking to destroy the shed. This obviously is a shed on somebody else's property. It looked like there might have been some controversy between you and the neighbor, but that's not 82 00:22:16.320 --> 00:22:33.520 within our purview. This is just a an application for a variance because you've asked to place the shed one foot from the property line on the right. Correct. >> Correct. >> Let me just ask you a couple of 83 00:22:33.520 --> 00:22:49.760 questions. The shed is on the property to the left. Is that right? >> Correct. >> Is that right? I shouldn't ask. Is that right? Is that correct? Okay. And that's pictured. It is pictured on the plan. And we're looking at the um plan showing 84 00:22:49.760 --> 00:23:06.880 proposed shed. And this is the one dated 430 of 26. It looks like it was updated to show again where the shed is going to be, which is exactly what we were asking the last applicant to show us. I see that there is a driveway and pavement. 85 00:23:06.880 --> 00:23:21.440 So, you obviously can't put the shed. >> Yeah. It's not put it on the pavement. >> Yeah, it's not. >> Is there a reason why you wouldn't slide the shed closer to King Phillip Road, though, so it could be 10 ft off >> the property line? 86 00:23:21.440 --> 00:23:38.240 >> There's trees. We have two large trees that are in the yard as well. Um, and then we were also trying to at least maintain kind of one of the stepbacks, which is 50 feet from the road. So, we were trying to come back far enough as well. 87 00:23:38.240 --> 00:23:54.080 And we also have like a it's not a septic tank, but there's some type of tank that requires electrical in the yard. >> I was wondering the drive is actually the driveway expands up here and that's paved 88 00:23:54.080 --> 00:24:09.039 >> and I think that's used for parking up near it >> near the house. So I can see why they need to place this shed. Luckily it fits right in that slot. I was asking can it >> Yeah. Can they move back? But you said the trees and the 89 00:24:09.039 --> 00:24:24.960 >> and and maybe a leech field or a septic tank. >> I don't know what it is. It dumps the water from the house sewer to the sewer. All of us on King Phillip have that. >> I see. It's a sewer. >> They have a pressure system down there. So, it has a 90 00:24:24.960 --> 00:24:40.240 >> a pump tank. >> I didn't know that. You know about this, Jim? >> I think we talked about this when they were trying to do the uh there was another applicant we talked about. I remember them having to we discussed it putting it in. >> I didn't remember that at all. 91 00:24:40.240 --> 00:24:56.320 >> Yep. >> So, it's some pressurized >> on the reservoir. >> Obviously, we don't want to impede that. >> Yeah. If we slid it forward, then we couldn't get in and out of the shed. The doors would hit thing. >> That's another concern. Understood. And 92 00:24:56.320 --> 00:25:15.200 I mean, that could qualify as the hardship presented to me anyway. >> The plan is um is detailed. It doesn't show the front yard setback. Um, the driveway is there. Now, 93 00:25:15.200 --> 00:25:31.919 what is to uh what is on 111? There is a house there, correct? To the right of your property as we're looking at it this way. >> Yes. >> 101. >> Okay. And I'm going to get to you in just one second. Um, 94 00:25:31.919 --> 00:25:47.440 is there are there any other questions from the board to the applicant at this point? >> I was I was just wondering what's to the right of the house. So, that's going to be answered. I guess >> there there is a house on the property 95 00:25:47.440 --> 00:26:02.720 to the right. >> Correct. And another shed on that side as well. >> Interestingly, the um again, it was map geo. I I looked at it and it actually shows I forgot to print it out. It actually shows a shed down on 96 00:26:02.720 --> 00:26:17.840 the 111 >> that doesn't exist. It's an old one. >> Have you seen that? >> I have. >> Yeah. It shows It looks like this shed on the other side. >> It's not. It was actually one of those like tent sheds. It was a previous to previous to previous owner from us. Okay. 97 00:26:17.840 --> 00:26:34.480 >> Three owners back. >> You've been there for some time. >> Uh 10 years. Okay. Just about. >> Got it. I I looked on the map and I said, "Wait a minute, that's the wrong side. That's or it's a different shed." And that's you're explaining that. Thank you. >> And now there's a tree where that shed was. So I don't know how he 98 00:26:34.480 --> 00:26:49.279 >> um Lucas, do you have any other questions of the applicant? >> Um no, not yet. >> In that case, I'm going to ask if there's anybody else in the a Thank you very much. If if there's anybody else 99 00:26:49.279 --> 00:27:05.600 here or online to speak in favor of the application or in opposition to it, >> could you just stand up and tell us tell us your name? If you could come to the podium, that would be great. And this will, I think, clear up the 100 00:27:05.600 --> 00:27:21.840 question that um that I had and and maybe Lucas had as well. Just state your name and and address for the record. Yeah. Name is Jill Mor and it's 109 King Phillip Road. Yep. >> Oh. 109 or 111? 101 00:27:21.840 --> 00:27:37.679 >> 109. >> 111 is the >> 111 is the applicant. >> Oh, okay. >> Nope. Oh, this the map says number 111 on the right. That's just a misprint. I guess >> it's it they they just put it on the 102 00:27:37.679 --> 00:27:53.679 wrong side. >> Okay. Well, this >> Well, no. So, you can >> Mr. Giles is the >> Oh, it's a misprint. Yeah. Yeah. >> Yeah. 111 is a misprint. I've got it. >> Right. Cuz they put it here as the actual dwelling. >> Thank you. Okay. And you have uh no 103 00:27:53.679 --> 00:28:09.919 problem with this. >> I have no problem with this. There's a big uh edge of roadands and then I have my shed also that is uh 10 ft from the um from my lot line. So if they put their shed there, absolutely no 104 00:28:09.919 --> 00:28:24.399 problem. >> You can see the location on the map. Yeah. >> And that's not a problem for you. Your house is a >> some distance away from >> Yeah, the house the house is going to be about maybe 30 ft from >> from the shed. >> Okay. Thank you very much. You're 105 00:28:24.399 --> 00:28:39.600 welcome. Appreciate it. Is there anybody else in attendance or online to speak in favor of or in opposition to this >> application? I don't see any. For the record, none online. >> No. >> Um, is there a motion to close the 106 00:28:39.600 --> 00:28:55.760 public hearing? I'll make a motion to close the public hearing. >> Second. >> Second. Thank you. Uh Mr. Tenori, how do you vote? >> Yes. >> Mr. Wazak, yes. >> Yes. >> Thank you. And Mr. Noel votes yes. So now uh it's open for discussion. I don't 107 00:28:55.760 --> 00:29:12.960 see a problem with this. Um the neighbor has uh nicely given his comments and says it's not a problem for him. One foot off the property line is a concern. That's awfully close. I'll note though that this is a very thin lawn >> property. 108 00:29:12.960 --> 00:29:30.960 >> Yep. Pre-existing pre-existing zoning. I think I saw that the house was built in 1942 somewhere. >> Um there's not a lot of space to put that shed or any other shed. Anyway, the neighbor has no concern about it. Um 109 00:29:30.960 --> 00:29:47.360 I don't I don't have a problem with this and I think um I'm I'm fine with the application as stated. Uh yeah, I'm of the same opinion. >> Okay. Um Lucas, do you have any comments or concerns? >> Nope. I agree with everything you're 110 00:29:47.360 --> 00:30:04.000 saying. They really have no other choice and I wouldn't want it at the front near the street anyways. Um so I I think it's uh I think it's a perfect situation and I really appreciate a good neighbor from 109. So um >> Mr. Giles, >> do we have to >> do we have to do anything with the 111 00:30:04.000 --> 00:30:19.840 comments that are left in here about the requirements of moving the shed or is that not going to be us? >> No, I think uh the applicant was simply stating the uh state of the facts that they're dealing with. Uh yeah, they said they wanted the shed. Yeah, they they 112 00:30:19.840 --> 00:30:36.480 said they just wanted to get it done by the end of June and uh they apparently have council who's told them not to communicate with u the other neighbor and I'm not sure what's going on but we don't have to get into that either. Uh we're just permitting the shed to be 113 00:30:36.480 --> 00:30:53.600 moved into that position and that's the extent of our concern. >> Yep. I just read in the comments that it states that they're requesting the zoning board to communicate the necessity to the homeowner of 113 to move the items that impede relocating 114 00:30:53.600 --> 00:31:07.679 the shed. I just want to make sure that the applicant knows that that should probably go through Mr. Bailey or someone else. >> That should go through the applicant. Um, >> yeah. >> Herself or council if you have counsel if there's a 115 00:31:07.679 --> 00:31:25.039 >> marker on that obviously you can't touch that. >> I I'm Yeah. And I'm sure you want permission to go on to your neighbor's property to get the shed. So that's just not something that the zoning board will deal with itself. Okay. >> Thank you. 116 00:31:25.039 --> 00:31:41.039 >> I just want to address that in the uh file so it doesn't come back to us. That's all >> understood. If if they're going to speak, you got to come up. He's >> Yeah, we've closed the public hearing as well. So, Mr. Giles, I think we're all set. >> So, my name also is not correct. 117 00:31:41.039 --> 00:31:55.519 >> Okay. >> Yeah, >> we'll um we don't have to correct that, but thank you. You can you can tell us after what it what the misprint is. It also says 111 there, which is not not accurate, but that's fine. Um, is there 118 00:31:55.519 --> 00:32:14.000 a motion to approve the application for the placement of a shed as shown on the plan of record, which is dated April 30, 2026, um, no closer than one foot to the 119 00:32:14.000 --> 00:32:30.080 southernmost uh, property line, sideyard setback. >> I'll make that motion, Mr. Chair. >> Second. Is there any further discussion? >> Nope. >> Mr. Tenori, how do you vote on that motion? >> I. >> Mr. Wazak. >> I. 120 00:32:30.080 --> 00:32:45.200 >> And Mr. Noel votes yes as well. Uh, good luck to the applicant. Uh, we'll type this up in a decision and um have it posted as soon as we can. And good luck with it. Glad you found it. 121 00:32:45.200 --> 00:33:18.159 Glad you found the location um to be not on your your land. something that has to be cleared up eventually, I'm sure. >> Mr. Giles, I can ask you informally, what is what is wrong with the uh spell? Oh, 122 00:33:18.159 --> 00:33:36.320 >> what is your initial >> So, >> Morin is your last name. I'm sorry. >> Jill is correct. >> We'll cross out the T with my my um >> and then >> Yeah. Yeah. See it. Thank you. We saw 123 00:33:36.320 --> 00:33:54.080 Thank you very much. I'll do that on the plan that we file with the decision. >> Okay. >> And that's fine. >> Okay. Moving on to the uh next item on the agenda is the matter of Island Brook. 124 00:33:54.080 --> 00:34:11.359 And yeah, the council, you are here for Yes. Could you come up? I'm actually sorry that you came because the last thing I saw in the file was you had requested a continuence because you hadn't heard back from the state. But in 125 00:34:11.359 --> 00:34:29.200 the meantime, we heard from town manager um that this is appropriate for the zoning board to sign. Did you see that communication from town manager? >> I have that here. So, I'm saying I'm sorry that you had to come back tonight. 126 00:34:29.200 --> 00:34:43.200 No apologies necessary. I wanted to bring paper copies of the full uh exhibits to the regulatory agreement because I don't believe you've had access to those. >> I see. Right. We did have that question as well. Um hold on one second. Let me 127 00:34:43.200 --> 00:35:00.960 find that so I can show um Oh, it's right here. I thought this included you, Jim. Sorry about that. Right. >> This is an email dated >> It's an email dated April 24th from 2026 128 00:35:00.960 --> 00:35:15.760 >> from Mr. Gould, the U town manager basically uh giving us the uh clearance saying uh please go ahead and sign the regulatory agreement. Um this is something that is standard and um I'm 129 00:35:15.760 --> 00:35:34.079 willing to take that from town manager up to Mr. Tanori and Mr. Wazak. Of course. >> Can he? Mr. Wazak. >> Lucas, did you uh were you in on the Island Brook decision? 130 00:35:34.079 --> 00:35:51.520 >> I believe I was. >> Oh, yeah. Maybe he was. Yeah, >> I don't recall. >> Don't remember. >> Uh wasn't that at the same time when we had that applicant trying to do that monster development in the middle of all the streets that we denied >> the Yeah, the case. 131 00:35:51.520 --> 00:36:08.000 Yeah. So, I was >> I was um I believe that this was in the same time frame and I was Yeah, I was there. >> Okay. >> All right. >> You remember Island Brook? I thought you were there. I mean, this has been before us for the last 10 years off and on. >> Oh, yeah. No, no, no. I'm just I've been 132 00:36:08.000 --> 00:36:23.839 I've I've been with it the whole time. I just wasn't sure if I was there for the last recorded session, but I I believe I was. >> Okay. This is a regulatory agreement. Um the applicant uh the permit holder has asked us to sign as the zoning board. I 133 00:36:23.839 --> 00:36:38.480 had a question about it because we were never asked to sign a regulatory agreement before. Um we posed it to Mr. Carmichael posed it to town manager. Town manager wrote back and and Brian 134 00:36:38.480 --> 00:36:54.000 can forward the email to uh Jim and to you so you you see exactly. But uh town manager advises the acknowledgement does not make the ZBA a party to the regulatory agreement. Simply confirms that the board is reviewed and it's 135 00:36:54.000 --> 00:37:10.400 consistent with the comprehensive permit chapter 40B requirements and town manager notes that practices vary by community which is exactly what council had had uh advised last time. Um but that this is a standard component of 136 00:37:10.400 --> 00:37:26.320 40B regulatory agreements. town manager is basically saying we can go ahead and sign it. Um, and I have no problem. There's no application before us. This is a point of discussion that came up at the last 137 00:37:26.320 --> 00:37:44.400 meeting and there was some I raised the question and Jim did and I think um our third member did as well. You know what is this and should we just be signing this? It looks to be in order. Uh the document has been presented to us with 138 00:37:44.400 --> 00:38:00.079 the attachments which I noted last time weren't there. Um I'm comfortable affixing my signature to this. I will um suggest that um the other members of the zoning board uh 139 00:38:00.079 --> 00:38:17.599 do as well. Um Jim, do you have anything else to comment or say about it? No, I mean if we're getting guidance from the town council and town manager or whatever, then yeah, I'm good with it. >> Yeah, I I had proposed contacting town council, but town manager stepped in. 140 00:38:17.599 --> 00:38:31.760 It's that's fine. >> This is >> apparently this is his >> quite frankly takes any burden off us anyways. >> Yeah. Uh Lucas, I will leave it to you to take comfort in that and to sign if you're comfortable. I'm going to u go 141 00:38:31.760 --> 00:38:49.440 ahead and and sign as as chair tonight. I'm not sure that it requires a a vote. Um unless somebody wants to make a motion. >> I can make a motion to sign it. Uh um may I add though that a notary has to notoriize the signatures of the board 142 00:38:49.440 --> 00:39:06.079 and I know if that's not feasible at the moment I can come back. Uh >> oh goodness. >> Yeah. Unfortunately, I don't have any uh background in notary. So, I wasn't sure uh >> Oh. >> if you were going to have someone 143 00:39:06.079 --> 00:39:23.520 available or not when you came in to say that you were going to talk with us. So, I wasn't thinking ahead of >> Well, I am a notary, so if you show me your identification, I'm happy to notoriize it uh later this evening. >> Okay, that should >> I don't know. Does the notary clause 144 00:39:23.520 --> 00:39:39.200 extend to our signatures? Yep, there's one there. It's sneaky. It's on the back of the page. >> Is it enough for the chair to sign it and not at all three of us? >> I I don't know. 145 00:39:39.200 --> 00:39:54.880 >> I'm not uh certain of the answer there either. Um >> I mean, Lucas is by remote. >> Yeah. >> So, getting his signature today is >> You're not going to accomplish that anyway. >> I'm not going to accomplish that anyway. How do we do this? I think I think the 146 00:39:54.880 --> 00:40:11.119 vote can I think we can vote yes and basically vote for Tom to sign it on our behalf. Have the chair sign it on our on the board's behalf and and notoriize. >> Is that notoriize it and that's it? >> Is that for record? >> Is that a motion? 147 00:40:11.119 --> 00:40:25.760 >> Yes. >> I'll second it. >> Okay. U I think I understand what you're getting at. Mr. Tonor, how do you vote? Yes. >> Mr. Wazak. >> Yes. >> And I vote yes as well. Again, I'm comfortable signing. If Mr. Tenori would 148 00:40:25.760 --> 00:40:42.640 like to as well, he can. Um, >> I think it might be cleaner if you just sign it along with our vote. If there's any issues, I can >> Sure. >> No objection here. >> Yeah. And if anybody has any issues, one of them was 149 00:40:42.640 --> 00:41:18.640 >> they can always come back and I I don't think it's any different than when we approve bills and Tom is the only one that signs it, the chair. >> Okay. Okay. >> I have done so and sir you can notoriize this at will. Would you send a copy of 150 00:41:18.640 --> 00:41:35.040 the fully uh signed and notorized. Um, and in fact, if you could send a copy of the whole thing for our records, that would be helpful with the attachments. >> I will uh I'm just >> doesn't have to be tonight, >> right? But we are personally acquainted, but I would like to see your license. 151 00:41:35.040 --> 00:41:51.920 >> I understand because of the notary clause says either acquainted by me or upon presentation of valid identification. I'm a notary, too. Although I'm in the state of Rhode Island, I'm not in Massachusetts. I take the online training every couple 152 00:41:51.920 --> 00:42:06.560 of years and I say, "Oh, yeah. I better do things uh more officially. Are you satisfied with my ID?" Thank you. Understood. I understood. If you could get us a copy of that as signed and notorized, I'd appreciate that. Um on 153 00:42:06.560 --> 00:42:26.560 your on your schedule. Okay. >> Was it you see it? Okay. Thank you. Is there any other business to come before us? >> If you >> Yeah, thank you. Thank you. >> If you want, we have 154 00:42:26.560 --> 00:42:42.560 >> Can I ask one thing, council? >> I apologize. Could I ask you, are you here because the state did get back to you with >> No, but uh it does make a cleaner record if we have uh acknowledgements. >> Okay. Because the last thing I saw in the file was a request to put you off 155 00:42:42.560 --> 00:42:59.800 till the next meeting. That's why I was confused when I saw you here. I understood from uh Mr. Carmichael that the board would be discussing the or could be discussing the application anyway. So, we wanted to >> I just wanted to clear that up. Thank you. >> Thank you. I'm >> sorry to make you come back. 156 00:43:01.280 --> 00:43:16.640 >> Anything else, Brian? >> We have last month's minutes if you want to do that. >> I haven't um looked at them nor printed them up. >> That's fine. >> I'm going to put But we are up to date except for last month. I looked at them, but you should probably wait till uh >> Oh, that's right. Ferguson. 157 00:43:16.640 --> 00:43:31.760 >> Ferguson comes. >> You're right. That's a reason to put that off till next month. But we're up to date with minutes. Maybe for the first time in history. >> You guys are doing a great job without >> No, we're not. Lucas, 158 00:43:31.760 --> 00:43:47.440 thank you, Lucas, for getting online with us tonight. Um, >> actually, we continued that matter, so I might ask you to join in. um next time as well. Um otherwise we'll have to have Nick um 159 00:43:47.440 --> 00:44:03.520 >> just review >> review the video. Okay, we'll have >> I can I have I have no problem. Listen, Zoom is not a problem. The problem is is you know with the four kiddos, we're stretched out on car duty and house duty and everything else. So >> I get it. I get it. I remember 160 00:44:03.520 --> 00:44:20.880 >> I can call in. No problem. Okay, we'll either have you call in or uh we'll have uh Nick u look at the uh video of this meeting and sign the uh that formul form. >> Mullen form. Thank you. I always forget that name, too. >> Thank you, Lucas. Um 161 00:44:20.880 --> 00:44:36.400 >> All right, guys. Appreciate it. >> I'll make a motion to close the meeting. >> Oh, yeah. Close it. There you go. Uh second. >> All those in favor? >> I. >> The meeting is closed at 7:44. Thank you very much. Thanks Lucas.