WEBVTT

METADATA
Video-Count: 1
Video-1: youtube.com/watch?v=_oG2FInDgpU

NOTE
MEETING SECTIONS:

Part 1 (Video ID: _oG2FInDgpU):
- 00:00:01: Meeting Called To Order: Introductions and Minutes Review
- 00:01:27: Trapper Driveway Notification and Abutter Guidelines
- 00:04:05: Public Hearing Notice: 106 Berkshire Avenue Variance Request
- 00:04:52: Dan Dumay Presents; Owner Permission Needs Verification
- 00:05:56: Phone Call Verification: Owner Grants Representation Permission
- 00:07:32: Clarification on Applicant and Prior Meeting History
- 00:09:11: Applicant Requests Reapproval of 2016 Variance
- 00:10:00: History of Issues: Right of Way and Water Line Problems
- 00:11:24: Current Land Conditions Make Approval Impossible
- 00:14:09: Public Comment: Harry and Betty from 108 Berkshire
- 00:16:34: Public Comment: Betty Limpy from 1 Brighton Drive
- 00:18:24: Public Comment: Pine Martine Pam Address Unknown
- 00:23:12: Public Comment: Norm Chiever Safety Concerns at Corner
- 00:25:21: Public Comment: Nancy Brown Concerns About Safety
- 00:27:31: Public Comment: Charlene Birkshire Concerns Parking
- 00:29:23: Chairman Asks Feet from House to Road
- 00:30:30: Fence Restrictions, Sight Lines, Property Setback Issues
- 00:32:24: Questioning the Distance From Lotline
- 00:33:57: Addressing Water Flow and Parking Concerns
- 00:36:08: Applicant Requests Continuance to Adjust Dimensions
- 00:37:57: Continuing Date Discussion; Set for June 8th
- 00:40:16: Motion to Accept Continuance Approved Unanimously
- 00:40:36: Offer to Purchase; Tree Safety; Additional Commentary
- 00:42:01: Review of Other Applications: 16 Grandview Drive
- 00:44:57: Discussion Shed Removal, and Front Setback Variance
- 00:47:10: Considering Emergency Vehicle Access Past Garage
- 00:48:14: Review of Application 125 Berkshire Avenue Addition
- 00:51:18: Motion to Adjourn Approved; Meeting Concluded


Part: 1

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All right, calling the meeting to order of the zoning board of appeals, April 13, 2026. Attendance, we have Secretary Wendy Cordero, chairman Chris Master, Vice Chairman William Liss, member Paul Gregoire, and

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member Dan Tobias. Um, this will be a Zoom. It's hybrid as we can see and in person we can see. Um, first order of business we're going to do is we've got some meeting minutes to review. We'll ask the board to take a

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minute to do that and then we'll back and vote on that and move forward. Give us a couple minutes. We're good with what we got here. Pretty much all we had. So, >> yeah, just >> Well, you

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I have a motion to accept. >> Yeah, I'll make a motion to accept them. >> Second. >> Okay. All in favor? >> I >> I meeting minutes of March 23rd are accepted as outlined. Thank you. Okay.

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>> Oh boy. Um, yes. >> Thank you. Trapper driveway. >> Okay. Just a notification that went out from I think the planning board probably the one we're jumping on that or uh what do you call the zone visits you doing

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business you shouldn't be doing not zone over there that's still the building >> but we have seen it Okay. >> Okay. I'm saying to Bill and then you want to do your business now or later

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just about three Oh, yeah. Okay. Okay. All right. Before I open the climate, I just want to go through a couple ground rules for

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the meeting, if we will. Uh, new clments are here. Yes. Applicants. >> I I'm a butter. >> Okay. So, you're butter or butter? >> Butter. >> Okay. So what we're going to do going to read in the the PL the um article um

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there'll be a chance to present what they're doing and then we'll allow some time for the abuters to have comment but it's going to be basically five minutes a person. We're trying to follow better state guidelines and keep kind of a quorum and some control because we've had some of these get out of control. So you'll have a chance to speak and say

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your peace or favor not whatever when we take that as a opinion to our board and then we'll have a time where we'll discuss the case and then we will come up with a decision from there. Okay. So publication Westfield evening news

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school street Westfield Mass from the board of appeals Thomas South release March 30th 2026 and April 6th 2026. Notice is hereby given of a public hearing to be held Monday, April 13th at 7:05 to hear the petition of Dan Duma,

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the property located at 106 Berkshire Avenue, South Mass. The applicant is seeking a lot variance of 34,000 square ft, a frontage variance of 90 ft, front setback variance of 45 ft from Berkshire Avenue, and a setback variance of 58 ft

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from Braden Drive, a rear setback variance of 23 ft, and a side setback variance of 12 ft in order to build a home on the property. Again, this meeting will be held person and in Zoom room two, conference room two at town hall on this date and this time. So, now

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we're on record. Now the table is for you sir to present. We'll hear your >> Thank you. Good evening members of the commission. My name is Dan Dumay. I'm a South resident live at two Sodom Mountain Road in Southwick and um I'm

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representing the owner. I'm not the owner. I'm his representative. Um I'm representing the owner of the lot. He's owned the lot since it's MJ homes out of Awam. >> Question. Do you have anything letter or something giving you permission to do that? >> Yes.

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>> Because you're not the title holder of the land. So technically, >> unless you have a release from him to have this hearing, you're really not supposed to be listening to you because you don't own the property. >> I thought a corporation owns the property. >> Well, the corporate the president of the

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corporation could give permission for them to speak on that. Somebody asked for >> legally I'm saying because we don't he doesn't hold the title >> and when it's a land thing it's the title of the owner. I don't call him and you get a we can get a ver a verbal I

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think we can at least >> but normally you get something in writing that says hey I'm giving Dan permission to talk on my behalf for this property >> hey I'm glad you picked up I'm at the zoning board of appeals And if it's okay with you, I'm going to put you on speaker phone. I just need

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you to uh verify verbally that it's okay for me to represent you on this. All right. So, I'm going to put you on and uh you can maybe make a statement that it's okay. All right. So, this is Vitali Desert Denkov. He's

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the owner of MJ Homes. Lives in Awan, Mass. And if if you could just say it's okay to the commission. sono, my attorney representative before. It's okay for Dan to do it. >> Normally, we get something official in writing that giving you release to have

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him here in place with you. That's all because you're the owner. >> Yeah. Yeah. I I've said I said before, but I can release. >> No, that's fine. >> If you want to It's up to you if you want to stay on the phone while this is going on. That's up to you. Or you can join the Zoom call. But, you know, um I

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I'll I'll accept that you're who you are because I think we've met before. Um yeah, we have >> and giving giving Jan permission. So question I have first secondly is the variance is going you're representing him but it's still he's applying. >> Yes, it's in >> for the variance MJ homes. >> MJ homes as a petitioner. Yes.

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>> Okay. I just want to clarify that. >> It's not my name but we're doing this together. >> Okay. Okay. Thank you. >> Thank you. >> Thanks. That's >> Thank you. >> Step one. >> Thank you. >> What is last name? Uh

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go five syllables in it. Um Deser Denkov is the best I can pronounce it. >> He was here before those. >> Um >> he came before the board in 2020. Um I don't know what happened. Somebody didn't show up at a hearing. >> I looked in the minutes. I think it made

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you mad cuz I said I think you said don't come back for two more years. >> You can't deny it. >> Okay. Yeah. So you like no one showed up and you've denied it. said, "Don't come back." >> So, that was in 2012. >> Maybe it was a four story. >> I'm gonna get into No, no, no.

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>> There were there were five meetings >> for this for this one topic. So, we we worked pretty hard to to try to get >> try to get this >> Yeah. >> straightened out and >> Yeah. >> And it just kind of fell apart at the end. I I I don't I I won't speculate on

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on what what happened, but I remember that it was stretch out very much and it got to the point where there wasn't going to be any compromise back and forth. So, so that's that's how that's that's what was happen. But we're not going to let that

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taint what's going on. >> I want to hear your presentation what you're proposing and then we'll >> look forward to hearing your presentation and on what what you're trying to do. >> Okay. Okay. >> So, >> so that that being that being said, um

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106 Birkshire A >> for sure. I'm here to request a reapproval of the original approval you granted back in 2016. And I think a couple people here might have signed that approval. Um it I we all all I

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request is the exact same dimensions, setbacks, uh driveway placement, everything as was approved in 2016 except condition number three. It said if the property is not owned by the Congam Heights association, the decision is a null and void. Well,

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it like the first two regard fences. The third condition, well, it's not owned by the Congs anymore. So, MJ Homes owns it. >> So, some brush on history for you. There was a there was a meeting and I held on that and it was a difficult

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decision back in 201. >> Yeah. >> But nothing was done with it. They came back in 2020. >> Yeah. And since that point in time, some effects to the land became relevant that required us to do a lot more thought to the project. And that's where I think it

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end up in a stone a stone wall >> cuz there's a a right away that was taken from the town on the corner and there's a water line that run through that property in the back that was not disclosed or known in 2016. >> That became topic of discussion in 2020.

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>> Yeah. because there was very little room to put a foundation of the size in between that window that they we were presented >> and there was to the chairman's point there was very little compromise to work with that and and if you're asking for

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the same thing >> I'm hardressed to say there would be any difference of what we've done in 2020 >> because there's those are blocks that are legitimately part of the land though >> that were not presented or part of 2016 >> presentation

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>> storm drain right there. I I live here >> you have good time to so I want him to finish his I just wanted to kind of clarify why we're here where we are and what he had. >> So why that decision was done differently in 2016 it was in 2020. So

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the information that we now have available on us since 2020 is where we are today. >> Okay. And if you if if you tell me you want not gonna change anything, >> there's nowhere for us to go really with it. >> Okay. I didn't >> but I'm giving you a fair shot to say

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why we're here. So >> Sure. Sure. I didn't realize there were five meetings in 2020. I thought there were maybe two or something. And >> because again those things came the town. The DPW was involved. >> Yeah. >> We had the police traffic involved. >> Yeah. We did extensive work to try to

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compromise to get something in that >> right >> small piece of property >> on a curve >> with two intersecting streets. Um >> and then part of it like I said if we see that what I'm talking about be very very transparent. >> This piece of land is now owned by the

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town which takes off a good chunk of the corner >> and this is the water line that is present through the property >> and that takes up pretty good chunk. So there not there's not a very big window to work in there for the amount of setback and relief to to do what you're

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trying to do. >> Um quite literally it's it's it's I think impossible. >> Yeah. >> But I was hoping we were hoping that maybe it was it came with those plans that he would think of something else to try to say, okay, this didn't fly, so I want to do this.

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>> Right. But that doesn't seem to be what you're telling us based on what the applicant data that you gave us, >> which is literally identical to the 2016 >> request. Right. >> Agreed. >> Right. Right. And I went through the water and sewer. >> Mhm. and from the 2016

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approval and there's a letter from the DPW director >> right >> back in that back at that time and a map of where they scoped out the water line coming across Braden and a sewer lateral that was installed from

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over near Field Drive >> to in front of Bergkshire. So, and I have that letter and you probably do too. And the drawings from from Randy Brown in 2016, the sewer and the water line. They have a water line going behind uh behind from Braen behind

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106 and into 108. Um, and in Ry's letter, he said he doesn't believe it runs into into that. So, where's the water line? Let's look at that. I have I've seen that map. or something. >> So, um,

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>> so before we go that we you've got you we we put the case up. We we'll go into detail now, but I want to hear from their opinion of where they're at in this case. Okay. >> Okay. >> We give them their time because we're we'll take notes and

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>> so who wants to go first? >> Well, >> name and address my brother Harry and Betty. >> Betty. >> And Doris. >> And Doris. 108. >> 108. >> Okay. >> Yes. Go ahead. >> And this is our water line. It goes from

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Braen. It goes through 106 >> and it goes up to my house and it it goes once it it's over by Betty's driveway cuz she's at Brighten on Braen. So it's a pretty good, you know, it's a pretty good,

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>> you know, to go there. >> So it's been there 70 years. It took me a while before I found the actual >> proof and I did and Randy Brown actually grew. So,

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>> well, we've got I think a pretty good detail of of that red line through >> Well, I mean, I have the actual >> right, but this is the town document that's through. Well, that's that's Well, >> at one point they thought it went up her

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driveway >> and didn't actually go on to 106 and went up to our house and it doesn't. >> It does not. It goes through 106 to our house. >> Yes. It was those blue tags last summer

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when they came to Martin. And there is one of those um big blue things. It my driveway is here. It's on the other side of my driveway. It goes across the driveway into the lot that they want to build on and into Betty's house. And there those little blue tags. So, it's

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probably where the >> It was where they were. It's the the the lot is is all weeds and trees and you know it's where the kids throw all their beer bottles and stuff. >> Yeah. >> I'm out there cleaning it all the time. So, >> poison ivy, poison sumac, poison oak.

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It's a mess. It's a mess. So anyways, the water line goes from the corner of my driveway under my driveway. When I had my driveway put in, they had to call Dig Safees to make sure because Betty told me that it was there. So they called. He said, "I'm only going down 10

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in." They said, "That's okay. As long as you're only going down 10 in, it's not a problem. So it goes under my driveway." And I said to Betty, "If anything ever crops up, you can just dig up my driveway." So that's >> before looking for name and you're at it. My name is Betty Limpy. So there the

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two Betty's and I live at one Brighton Drive which is it's it would be uh right here on the drawing. Yep. >> And this I I don't have a problem with a little house going there. I just don't think anything big would fit there because it would obstruct the whole

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neighborhood. >> And um there is a storm drain right here where they're >> projecting to put the driveway. And then there's a stop sign about right here which is where this inter She'll pull this corner. But >> so I mean if they wanted to put a small

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Mine's a 960 foot house. It's a small house. Betty's is 24 by 30. >> It's small. I mean if you wanted to put a small house there, it would fit the neighborhood and it would be fine. But I don't think you could put a really big house. >> Yeah. I mean there was a reason they

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named a street bungalow down there. >> That's the name why they named a street bungalow. >> There was a because there those are the type of houses that were there, right? You know. Well, that it was a it was a >> 30 and 40 community. So, my my house is actually old ice house office. Okay. I

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refurbished it a couple years ago, but it was the original ice house office when there was an industry on the lake for ice. >> Very good. >> So, >> thank you. >> I have I have concerns about the curve >> and seeing getting out of the driveway

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depending on, you know, what they would ever build there. I just think it's a big mistake in all fairness. >> Well, no. Okay. That's why you're here. >> People parking. Where are they going to park? When they have company, if somebody moves in there, where are they going to park? You know, you've got neighbors.

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>> Yeah. >> And in the winter, the one we just had. It was awful. They had to pull all that snow into that that 106 farther into it than normally they have to do. >> Yeah, understand. That would be the problem to try to figure that out. >> Problems there.

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>> There's a lot of problems there. >> Okay. >> We're just a neighbor. We just wanted information on >> Okay. Name and address record that you're >> Pine Martine Pam address. >> Okay. >> Same. I think it's I think we were just um It was funny because the letter came

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in our name >> but with another address. Yes. Okay. >> Um but with a neighbor's address. Okay. So, we weren't sure if we needed to be here or not. But I I would have to agree that a house of that size, >> it's a radius. That's how they how you they grab the name. So, there's a radius

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that goes around the top. >> So, that's the thing. We weren't sure whether we had to be here. >> Um but it's >> we appreciate that you do actually. >> Yeah. >> Yep. >> For us also. >> Okay. Okay. >> The only thing that I find different

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from back then >> was what you got from DPW about one foot right away for that >> right on each side. Right. >> Yeah. >> But we didn't have that back in 2016. We

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didn't. I'd agree with you. We did in 2020 though. >> It never got to that point cuz I was here. >> Yeah. Um, so they put a water line in back in the day. Right. Way back. >> Yeah. >> Way back. >> Way back. >> And it went right across this lot. Correct.

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>> Like not even on the corner, which Randy alluded to in 2016. >> Like, right. which we took as gospel truth because he scoped the water line out and marked it on the map and said that it didn't touch and it went right where the all three lots come together to that one point. But since then in

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2020 there must have been some other work done. >> Well, better technology now the red line goes >> right, >> you know, right through the lot. So, did they take an easement or they just >> It's a recorded easement. Yes. >> Okay. Okay. It's definitely legal um

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undocumented but it wasn't it didn't come to light because of the records >> and when they did the scoping to your point well there wasn't as detailed >> when it came to they did more like okay now here's where it is. >> Yeah. >> And kind of it said you kind of think oh here here it is but this is now where it

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is >> surveyor. Okay. And that's kind of what brought us to that point of like okay now we know there there's a real and you can see where the foundation was >> a proposed right >> and he didn't want to make any adjustments. So >> right so >> I can't build a foundation through the

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pipe. >> No it just it just touches the corner of the foundation. >> So >> but there's a one foot on each side now. So it's more than >> there's an ement of one foot on each side. >> It's legally recorded. And um I don't think there's a setback a building

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setback from a a water line to a house. Now it should be for all practically speaking 5t away, right? You shouldn't have a water line 2 ft from your house because if you dig a tree or plant a shrub, you could hit the water line

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off the back of it too. >> But the idea is that you don't put the foundation there. You try to move it >> right right away from that. So, but the size that he's looking for in Tibet. >> Yes. >> Question or point. If it was a small

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house, but he doesn't want to do that. >> I know why. >> Right. >> But that's okay. >> Yeah. >> But but but with that fact, where do we move? Right. So, so that >> that may not belong in that lot, >> right? >> This halfway is listed right through

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that pipeline right there. >> Here's the here's what the town did. They plotted it all. So, this is the house and the water line goes right >> next to where the foundation is proposed. >> Looking at this thing here and it says hatchway there and I'm telling you that

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it goes that that pipe that those blue >> stickers was right through here. >> Yeah. So, we we drew a new map and there's no hatchway on it. There's not that I submitted because this map honestly from 2016. >> Well, would they allow you to move it? >> It's confusing and hard to read. closer

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to the move it up that way a little bit. >> Well, it's um >> it's too small. >> It's your right. >> I'm right here. >> I'm right here. This one's my >> So, it's it's 30 ft back, which is that map shows the house. >> No, what that map is I've never seen.

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>> It shows It shows it directly parallel to your house. It's not in front of it. It's not behind it. It's directly parallel. >> There is a hatchway. And beside the hatchway is where the water line comes out from the house and then it goes straight through 106 to Betty's house.

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>> Okay. But so I was to keep the corner that's the public time. You guys have said they got it. >> Yeah. >> Everybody's put their input. So we're going to focus back on what the details where we've got and then as a board we'll discuss and that input will be

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considered that you've gotten given to us. Okay. Okay. >> Mr. Chairman Norm Chver online. Can I speak? >> Yes, sir. >> Go ahead, Norm. >> Yeah. Norm Chiever, 100 Berkshire Avenue, two houses away.

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>> Uh, I spoke back in 2020 and I spoke then about my concern was number one, safety. Uh, turning left out of Brighton Drive going south on Berkshire Avenue. Visibility of a house there was going to cause a problem.

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Uh, it's still my concern today. Uh, I I'm not there to see the size of the house that's currently planned. Can somebody tell me what the size is? >> 1500 square f feet. >> 1500. Yeah. >> 30 by 50.

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>> Well, it's twotory. >> It might be one story. It might be two story. It might be a raised ranch. It might be a colonial. >> We're going by the foundation. >> The foundation's 30 by 50. So, it's yours is 900. This is >> 1500. >> Um. Okay. So, you know, back in 2020, we

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did have a the traffic officer investigated this, came out to to the site, and he did agree that there was a safety issue, people coming around that corner, and they're 25, 30 miles an hour, and you got a blind spot coming

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out of of Brighton Drive. I personally avoid coming out of Brighton Drive. Uh, and the neighbors that do come out there, they can they can share their concerns about that. But my stance is the same as it is as it was back in 2020. It's a safety issue

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that you put up a house, you're going to talk visibility issues. They have a they have a car in the in the driveway. It's going to cause additional visibility issues and pray that they don't get the permit and put up a fence because then they

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totally make it totally blind. And I don't think you can put conditions on an approval that says they can't put up a fence. >> Yeah, >> but that's my concerns. >> I appreciate that. >> Thank you. >> Thank you. >> Um Nancy Brown is on as a guest. Do you want to speak or you have anything to

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say? >> She's not open up there. >> She's unmuted. There we go. >> Hello. I'm sorry. Um this is this is Nancy Brown Roy. I live at three Brighton Drive next to Betty >> and so I do use that access on a daily

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basis driving out to Berkshire Avenue and taking a left or right from that street. I am concerned about the size of the house. I really don't know, you know, exactly what's planned.

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Um although you have mentioned it here. >> Yeah. So, I'm just, you know, also concerned about safety. When my kids were little, that was their bus stop. Um, so I don't know in the future what

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what that will allow. It does seem like the road has encroached upon that corner quite a bit through the years. So, the actual um footprint of the land, I think, has decreased as as time went on.

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And again, I just want things to be safe and right and uh and such. So, >> okay, >> those are my two cents. >> Thank you. >> Thank you. >> Appreciate your input. >> Of course. >> Okay,

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>> just one more thing >> really quick. We have a cement block house and it's stuckco. >> Big trucks are coming by and my house is cracking. I remember >> the trees came down in the lot and I had a mess. I had water come up underneath

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the house because there was no place to water to go when all those trees came down. I really we really had a lot of problem. We had bees as Betty. We've had flies and we've had all kinds of problems. I mean, it kind of got better.

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You know, the water isn't still coming up under the house, but it's it's it was tough. And I just I'm I'm afraid >> that our house is gonna be ruined. >> Okay. Thank you.

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>> All right. Sorry. Is this okay, Charlene? Darlene, >> do you want to speak? You have to unmute yourself. There you go. >> Hello. >> Yes,

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>> Charlene. How are you? >> Fine, thank you. How are you doing? >> Good. Karen, what's your address, ma'am? >> Uh 104 Birkshire Avenue. >> Okay. >> So, this is regarding the um >> the 106,

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>> correct? So, you can tell me your concerns or voice you're you're on record here. >> Um, well, first of all, it's a very small lot. Um, to put a house on it, I don't think there's any room at all for parking. Uh, which then means that the

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vehicles will be on the street. Um, and you know, the the neighborhood has changed a great deal over the years. Um, my other thinking was that um, you know,

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it'd be one thing if there was a building on it initially and then somebody was redoing it, but um, I don't think um, that permits somebody to

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um, I think the zoning has changed over the years and you have to kind of go with what's current. I guess that's my thinking. >> Okay. Appreciate your input. >> Thank you. >> Thank you.

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>> Thank you. >> How many feet from the I guess it would be the south side of the house. Is it to the road of Birkshire? >> Well, with the varian guess on that we had that right 17

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southside. You ready? So Brighton no third that's from Berkshire. So 30 >> well I don't know which way compass north. So it would be Bergkshire 30 >> Birkshire side >> 30 ft >> 30t from the road to the house. >> All right cuz the woods is about 10 ft

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right now from the road to the beginning of the woods. So we got another 20 ft where you're going to hit that house. >> Yeah. >> So that's quite a bit of area >> on that corn. >> On that corner. >> You go on the Braden side, it's a lot closer. >> Yeah. Yeah, it's wide open on that side

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of the nothing there. It's all road. >> But that's her concern about being able to see the house is set back way further than the woods is now. >> Thank you. >> But if the fence goes up stock all the

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way around it, we're not going to be able to see anything. >> So, >> let me address address a few of them. Um, and in the in the conditions of approval back in 2016, they condition number one did address the fence. Several people mentioned that

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the property owner was not permitted to construct a solid wall fence or place plantings along the street on Bergkshire Avenue for the first 30 ft from Berkshire Avenue. So in front of the house there can be nothing and the h the house is par the proposed

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house is parallel with the house next door. So it's not further out. It won't encroach your sight line. When you pull up, wherever you normally pull up now, you'll have the same distance from the house to the oncoming traffic as you did

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before and be no fence. Um um except potentially a chain link fence, which was agreed to be permitted if you needed to keep your dog in the I guess. >> Question. Um which side is the front? Is

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it on Brighton the front or on Birkshire is the front? This referred to Birkshire specifically Birkshire. >> Well, that would be the entrance on Birkshire, not Brighton. >> The driveway would be on Braen, right? We don't want to make an entrance on Bure. It's too busy narrow.

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>> Yeah. Um but it would be on the house, not the side of the front of the house, right side of there's two front yards on a corner lot. Yeah. Three there's the front yard. >> The garage the garage proposes on Bra, >> right? But >> but the address tells us the is on Burkshire Avenue.

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>> Absolutely. And the proposed house has the has the driveway at the back of the house farthest >> way it's facing now >> along Braen as it can be. Um so I I think that addresses the concern of the

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solid fence and the lack of visibility. Go ahead. >> My question is um >> u because I live here is is this house going to be 17 ft from my lot? Is that what you're saying here?

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>> It'll be 17 ft. This is the This is This is the property line. So, it'll be set in 17 ft. >> Yes. Yes, it was. >> Okay. >> Yeah. >> And was this the original size of house that you had approved that um Kagaman uh

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Heights Association got approved or was it the second house? It was the exact same house as 2016 which is this >> which was the original >> just right name one that they rejected it's a smaller house right >> it's the original back in 2016 right I

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don't know what they proposed in 201 Heights association sold that land to your corporation >> yeah but a woman came a woman Dakota Stokars came up she wanted to build a house but before she would build her house she had to get an approval she did

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get an approval from the board decided not to build her house and never filed the approval on the registry of deeds. So, it became null and void. One little technicality and this would have all been, you know, however, it's good we now we know where the water line is

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because we would have dug up the water line. Well, we would have done call before you dig and and we would have had to make the house smaller to to keep it away from the water line, which is what we're going to have to do now. >> Correct. >> Right. You're going to have to not put the hatchway cuz that's right. The water line is >> So, the hatchway is part of the H. I

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know the hatchway is part of the house. That's part of the >> footing. >> So, it all has no it won't even >> if it's there, it's going to be within this square. Okay. >> It's not going to be like this one goes out. >> They cheated. They put the hatchway

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outside the >> the variance area. Okay. >> So, >> um >> you can address the second point. >> Uh the second point was the um the water under the house. So, whatever type of house we build, whether it's a raised ranch or a ranch with a full basement,

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whatever we do to the earth will have footing drains around it, and the water from the lot and the water from the footing drains will go into that basin on Braden Drive. So, it it should it should draw the water away from you. We're downgradient of you a bit. It

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should it should not impact storm water or anything going towards your lot because it'll be sent towards Braayen Drive towards the catch basin. Um and I mean that's a public works thing. It's also the building department. They want to see a footing drain. They want to see a pipe connected

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to the footing drain. Um so I think we can >> Do you know how else is going to be or it hasn't been decided yet? >> It it hasn't been decided. No. Um, you know, another item was parking.

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You know, the driveway is 17 feet from the property line uh to the house. That's I think a normal parking a parking spot in a shopping center I think is 18 ft. But the property line the the road is further away from the house practically speaking than the

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property line. >> Should be about 5t. >> Yeah. So let's say we have 20 feet. It's plenty to park a car. Even a big pickup truck could fit in the driveway and not obstruct traffic on the road or the road.

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>> Um, so that was it. Parking, you know, I can't I wasn't aware of the the safety uh concern. I can't speak to it without sort of quantifying it. But um I think what I'd like to do

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is propose that the public hearing be left open and that I huddle up with Vitali and we come to an agreement on how far we so we modify this to keep the house back so many feet from the water line. I'm going to say, for example, we

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keep the house a minimum of six feet from the water line and I'd have to, you know, adjust the line, but if the public hearing's open, I can make a modification to it and submit it to you. Um, so that would take care of the waterline problem.

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>> So, your intention would be to want to continue this? >> It it would be I mean I >> which we you can do. I' I'd like to, but I I know once it's closed, it's closed form, >> a form for you to to do that, but >> the problem we're going to run into is scheduling.

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>> All right. Because we're going to have some conflicts uh till May, probably at this point in May. >> Yeah. >> Second meeting in May, I think, is the earliest that we could end of May. >> Put you in there. It's >> But that gives you some time to >> can't change that to do

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>> to get a prop. I would would I would suggest heavily if you're going to do that to have a better layout drawing of dimensional house you want to build height all that at that point it's possible. >> Okay. >> That's going to help

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>> um >> with safety concerns or anything else that's that's been t we want to look at. >> Yeah. >> As a group. Okay. As a board. But um but certainly you can you can sign on that one year and date and then we'll >> okay

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>> we'll fill out and have you review that so we can do that. >> Um so we didn't come up with a date here because they may want to be glow >> May 25th. >> That's the second one is the 25th of the month of the month. I know this first month out.

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>> Yeah. >> Well, two weeks after the 11th would be the 25th. 25th is a another first week of June. >> The next one with the other two or it's going to have to go to June. >> It can't go on the 27th. We already have

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two, right? >> Two public hearings that day. >> First one in June 25th, >> the main holiday. >> Oh yeah, tomorrow on the same day as the meeting. >> We would be we'd be pushed but we don't have a we would have a meeting that day.

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>> That's what I'm asking. Yeah. Yeah. because it's on a Monday. >> So, let's see. Can I do that? No, I can't. Yeah, I can. >> We're talking about the next meeting in June would be the 8th. >> My opinion. >> Yes, we do. Yes, we have a record.

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>> Okay. Because I might not be able to fine next to go on vacation. >> Um your your all the comments are recorded. We kind of take that already. >> Um was that to be the 8th? >> Yeah. >> Yeah. June 8th. Well, that's the day we'd put up continue to for you wouldn't have to

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publish it or just know that you'd be here for 7:05 on the 8th of June. It's two months, right? >> Month and a half. Two weeks. >> Dan, I'm going to write on here uh

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adjust house dimensions to Okay. >> to avoid water. Just just to clarify. >> Yeah. what he's trying to do for the proposal. So, and then if there's any drawing or proposed, you know, vision of the house, that would be good to have. Okay.

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Okay. >> Nice little cape would be nice. >> The onecar garage fit the neighborhood. >> The only person that's ever wanted a onecar garage. Well, I don't have a garage at all because I can't get

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because of your >> there. >> I'm okay. >> So, I'll get a motion to accept the continuence. >> Uh, I'll make make a motion to accept the continuence on 106 Birkshire >> and second the motion. >> All in favor?

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>> I thank >> so continue to donate. >> Okay. >> Okay. >> Thank you. >> Thank you. >> Thank you. Thanks everybody for coming. I'm sorry I had to call on >> because I was willing to buy and put

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there but nobody ever answered me >> and there's a tree that is was dying and falling. But if we do it, I think we can. >> Did they take it down? >> Mostly think we get a little pass.

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>> And there was a pretty sure >> I think that's a bit sense to talk about it and the kids go by. >> All right. Very good. 2020. >> What's your What's your number, B? >> 413.

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>> And right here is where I am. >> Yeah, that's okay. >> There is a storm right here. Right there. >> You're good with that. Well, you want time to talk about those >> five minutes. I got you. >> I got my sunk down in the Hey, my teeth

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thief. Like >> it's it's well it goes down. >> We're going to continue our stuff, folks. Just so you know. >> We'll get a couple more things over. That's No, that's okay. I just wanted I didn't want to talk over you and then want to but you want to talk out there, you're more than welcome.

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>> Thanks, Dan. We'll see you in June. >> Okay. >> All right. First one. Which one's the first one on doc? >> 16. >> Okay. 25. Okay. >> 16 grand. >> Thank you.

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>> All right. Have a good night. Thank you. Okay. This one's a small. >> Yeah. Six 16 grand. You the >> That's what they want to take a shed and shed and make a garage. >> Yeah. You want to take out two old sh and put in a garage

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>> basically. >> I was looking here at those two when I drove by was >> garage was basically going to take the same footprint in total if you look at all the a little bigger >> basically. >> Yeah. >> So >> they have the it's the front edge I'm concerned about setback because it's

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going to can't go in front of the the house. You know what I'm saying? We're trying not to do that. So where this vision is is that's that's the hard part. >> Yeah. So exactly see what you see the rendition

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which nice but this corner is way ahead of that corner as far as if you want you know >> straight line it you know >> is that >> these are new ones these are two new ones that try to chop you finish on >> I understand okay

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I mean I like the setup for that So what's the requested variance on that? >> Uh that's a lot right from the front >> 58T variance. So be it would be 30 34 from the property line

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>> by the one that we haven't really nailed down yet. >> Yeah. Come up. I recall. Yes. Comes the next one. like, okay, >> I understand why I build and why I build it. You know, hardship land, >> it's there. The soil, you know,

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>> there's no there's no house there. It's for winter. So, it's going to be interesting. >> But I 2016 >> the I think what came out of that was more of the brochure with the water line was actually more more than than they

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thought. That's why I put the foundation in the corner. I don't think we hugged us from YC mentioned. >> Yeah. >> Yeah. The whole thing was a guy didn't show up and he was a pain in the ass. >> Well, he didn't want to change anything either. >> Yeah. So, >> but he still doesn't want to

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>> I don't but Well, we're he's going to have to a little bit at this point. >> Anyway, okay. We're good with that. >> Yeah. >> Very good. So, anyway, we're on the new one. new. Would you get the uh the new

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there's two new apparian foot one we're talking about right now I can share with you 16 grand view and the current house looks like you know this and there's two sheds >> over here an older one and then another

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one they want to do is rip the sheds down >> and then the garage yeah >> it's a little bigger footprint but a similar location where they are So again, you know, it's 34 ft,

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but but the problem is I always face is there's your front of the house. Garage is forward as well, you know. Or will we if you like Oh. >> Well, forward's okay if we got a distance. >> True. You don't norally like to keep the the house line kind of

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>> if we can. if you can cuz I don't see you can't there's enough room to be able to go back. There's a line kind of goes behind it. So >> that's what we don't have here. >> Oh, that's on there. Yeah, >> the corner of the house is closer to the property line than the corner of the

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control garage. >> So it looks like a pretty pretty standard request. I mean I think we might try to >> nudge back a little bit. I think it's >> the cheat sheet there

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>> for that for that part. >> Here we go. >> Well, that's the property house and the two sheds currently that he wants to put that garage that platform right there. The outline >> it's going to be pretty close to that line.

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>> Correct. Well, the house. >> Yeah, that's done. >> I know. >> This is not done, right? >> Well, the shed is, but the garage I think he's pushed it back a little bit. Anyway, the garage, >> we can we can talk about that, too.

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>> That's what we need to know. >> Yeah. >> Yeah. Because we like to get >> Well, I can see why it's not attaching how it goes. >> Of course. Yeah. You can't fit. >> Yeah. >> Yeah. Okay. >> Okay. So, I think it's I think there's a workable solution here. This one's

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pretty >> I would like to see it because I agree two beat down sheds would be better to have a nice garage in >> I think it's going to be a pre-built one from the ones that kind of >> My question is going to be foundation and you know >> what's the variance request from this line? Five feet. Five feet. Yeah.

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>> The problem is here's like Yeah. Here's the problem though. How do you get an emergency vehicle anywhere past it? >> Yeah. >> Because even you'd have to come, you know, there's nowhere to go and get back in the backyard. Normally want 15 ft. Not wanting enough, you know,

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>> at least one side to try to like >> you know that's the hard part. So that could be a problem. 10 would be absolute minimum probably. That's not even enough. I think 12 is one hour >> or for a vehicle to get through. >> Yeah.

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>> So, >> especially >> emergency trucker ambulance even, you know. So, anyway, that's that'll have to come up a little bit, I'm sure. So, that's that one. >> And when you when you >> So, this one's when? 27th. >> 27th of Y.

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April. >> April. >> April. >> Then we got what's this one is? The next one is 125 Birkshire. Yeah. That place you say. >> Yeah. >> Yeah. >> And that's like a big colonial, right?

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Just a like a Dutch colonial ones >> like that's the place. >> Yeah. >> So what And they're proposing to put an addition on there, right? On an >> an addition on this side, >> right? >> And then like a little deck over over

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this. Yeah. >> Over the existing uh entryway. Well, does he have an addition on this? Take that stuff off. Yeah, there we go. This thing's house. They want to put a

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little addition on that side. Probably make a room or a bedroom or have that bedroom above which is master. >> Yeah, but the the addition doesn't need a side variance. this front setback >> just just a front setback and it and

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they're showing it >> farther away than the than the house. >> Correct. >> So >> we can correct that but is the area good for the area. >> Oh no given, right? That's a given. the areas in the frontage are all school.

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Um but if you know you know pretty standard you can kind of request that every week. >> Yeah. We have the satellite the room you know there's room

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>> over here. This the neighbor's house. You have that view again that side is our neighbor. I think it's pretty far away, Paul. >> Oh, I just Is that what that is? >> This right here, Paul. >> That's what you're looking at. Yeah, I'm

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guessing that is >> the house. >> Yeah, that's the house. >> Yeah, for the neighbor's house. >> Okay. No, it's >> I mean we're >> maybe the house is >> I think they actually have this further away than they they say it's closer. I mean further.

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>> Yeah, we'll show the 17 set back. >> Okay. >> And the road is >> Bur. It would be on this side. Yeah, >> the house is turned, which is kind of odd to me. Yeah. Turn this and turn.

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>> No, it's this. That's the >> the front of the house. >> House is here. >> You look at the picture. >> Oh, the front of the house is not on. >> No, it's it's the side windows on the road. >> Bedroom. That's

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off the back. >> Okay. >> Okay. All right. All right. Again, I think they're they're feasible. Just maybe they do some tweaks and questions kind of garage all that. You know, we got to be careful of woods

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versus the car storage, you know, foundation relief. >> Okay. >> Okay. >> Good. >> Yep. >> Motion to adjurnn. Motion to adjurnn. >> Second. All >> in favor? I I adjourned.

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