uh welcome everyone to the U Southwick board of appeals meeting on July 22nd this meeting is a hybrid and uh it's being video recorded and audio recorded um will be available on the website um over the next several days uh we have to review some paperwork and some minutes and the first uh in in attendance tonight we have Dan Tobias Paul greguar Chris mastriani and Wendy cordiero absent are William Liss and uh Mike paron and we have to do a little bit of paperwork first uh public hearing is at 7:05 and we we should be able to get keep that on schedule flash already yeah grab that Mouse Okay the minutes did you read did you read the yet okaye did you start meeting yes think the that's on lights e am not oh yeah that good we on the screen no I think she going to get a grid or something [Music] participants that there we have we have a motion to accept the meeting minutes second second all in favor okay accept the meeting minutes from July 8 [Music] okay public hearing is for uh three George Lumis road I'll read the public hearing notice to uh get this officially started please find below the legal notice for the following hearing for publication in the Westfield news from the board of appeals town of Southwick published on July 8th and July 15 notice hereby given of a public hearing to be held Monday July 22nd at 7:05 p.m. to hear the petition of Ben list for property located at three George Lumis Road Southwick Mass the applicant is Seeking a front setback variance of 5 feet from George Lumis Road and a front setback variance of 5 feet from North Lums Road in order to rebuild a house that was destroyed by fire this will be a hybrid meeting in person and Via Zoom so is the uh applicant here and want to come and explain things to us please sure one the five feet came in might have been my Builder 5 PM but the reason I'm applying for a variance is because I year well 42423 I put a brand new septic in what what's your name Benjamin oh so you're are you Ben yeah oh okay I think I thought yeah okay so all right go ahead um I want to pull the foundation out because it's got huge cracks in it obviously been through a fire you know who wants to build a brand new home up old Foundation that's that's basically what I'm applying for a variance because I don't have the 75 ft right so you're you're but you're putting you're not putting it on the old Foundation I don't want to I would prefer not to and you so but you're going to be the old house was a lot closer to the street it's 40 feet off the road so I set the septic back 30 feet from the house the existing house now in plans for an addition so I have 20 feet I can move it back you know because you got to be 10 feet away from the tank okay so that's my goal is to go back 20 ft rebuild the house as close as as I can right okay so that puts you that put you at the 70 feet from I think 60 feet 60 feet um I also in front of my house have like an 8 foot gravel path that's not my grass but it's not also not Rog so there's there's also an additional 8et that but it's properties okay and then you you also have to because you're on a Conor you have to meet the set back to North lumus how far will you be from um I believe it's about 60 ft okay okay on that side I'd be a wedding so kind of I actually have a whole driveway that goes in between that that side of the house and the road okay so the old house was about 40 feet and what about 60t I think yeah roughly kind of what I never M and so the new one you're going you're going to be about 60 and 60 so you're going to be yeah just it depends where I go for the house I don't I don't actually know I don't have a floor it's kind of dependent whe whether or not I get this bar or not okay you don't know if it's the same square footage or not oh it's going to I would probably do more square footage to be honest a little larger house nothing astronomical I would say maybe 600 700 square feet bigger been good you some kind of a plan showing there yeah I just I didn't want to pay for plans to be done until I knew if I was going to a variance put it this way I'm not going any closer oh yeah I'm not going any closer to the road I'm going to go as far back as to the septic as I can I will be further back than that house was does that leave you back here oh there I have like six acres 6.4 so yeah okay yeah it's I don't know if I it out that but you got yeah you got yeah I got plenty of plenty of back there okay cuz when we talked on the phone I think you said you might you would be 70 and 70 but uh maybe took a little careful more careful measurement um yeah I I don't think I would have 70 because of where this because you I mean I could have 70 but then I'd be right on the tank you know what I mean and I know you need 10 feet between the tank and the house okay so where is that LE shield on here it's behind the house so how close I mean uh I set it back 30t so you need 10 ft from it so I said it so it's basically 20 ft to play you had sent this and said you about was about 90 feet this might this was my Builder who sent this this s this yeah that might have been who you talked to on the phone oh okay yeah yeah that saying Jordan Jordan yeah so you're saying was 40 feet with you there you have to be 10t from so there's 30 feet between the house now and the in the actual tank so that was that was accounting for an 18t addition off the back of the house so you can move up to 30 feet back yeah 20 20 because I got to be 10 feet away from the 10 yeah the tank is 30 away from the old Foundation right now correct so he can go back 20 from from the old Foundation is my goal is to be as close to that septic as I can I don't want to be anywhere near Road especially being on the corner so how much room will we have if we do that we 60 60 and 60 that's as far as you can go based on the tank right yeah yeah and that's if I already do that with the house you know um I think right now we have a 38 foot deep house plan um in our minds you know there's nothing set in St basically um so just say that would put me where would that put me that would take away so I be no that put me too close the road then so we'd have probably have to thin that up um if you had all the room in the back why didn't you me the setic further even oh I wasn't planning on the house burning having to tear it down I don't understand that so only planned for a small addition off the back when I did the septic prior because I I bought my house the house off my grandmother she's actually here she owned it for 55 years so none of this was in the plan yeah I can imag okay so if this say 92 so you got 10 so that makes it 82 and you're going to make your house uh 30 feet yeah you saying 30 30 probably you're down now you're down to 52 though yeah so you get yeah you're getting little little tighten I know the gold one was G was Cy So you you're improving on that yeah I mean if I could just get a variance for where the old house is and back and I won't exceed that that would be fine with me I'll most likely be further back but I don't have plan right we're looking at 60 feet so your variance request is for 15 right and 15 15 here and 15 here because it's a Conor yeah so you need 75 side here oh there there's plenty on that thatt yeah yeah there's there's plenty on that so I didn't record it but it's it's so much everything else except these except these two is in is in compliance so we shifted a little bit you can get your 75 here yeah making sense is there any any reason you can't can't go this way I know I can a little bit just put me closer to the neighbor but yeah there's also a telephone pole I really didn't desire to have it write directly in front of the house but that's why they make chainsaws yeah that's one inch is 32 feet so you're about uh yeah you're about 70 70 to 80 feet from from here from this side so if we wanted to center it a little bit more how close is that guys I don't I don't know what that is like the but on his on his side that is his garage okay so this is is a garage there yeah that's it's about four or five four or six feet yeah he's pretty close to the property line for sure this is 32 64 and 38 about 7 it's about 75 ft here I wouldn't mind shifting it over a little bit that would be a problem with me you know I'd obviously have to do some measuring well I going suggest we make this make this 70 and make this 60 but he has Mo 70 here so there'll be a five here and a 15 a 15 here this way yeah so we we're we're suggesting what 70 okay so that would be a five- foot variance on North Lumis and a 15 foot variance on George Lumis okay and what was the original request for the it was originally 40 40 from here and what was the request oh the request well I I talked to the Builder and he said it was it was five and he said the variances were five and five but I think that that he might not have uh looked at it correctly 15 front yeah 15 on the front which is farther 15 farther away than than the old house so we do 20 on the front that way I could do a little deeper house and then sacrifice the side a little bit 20 yeah various to 20 yeah no I don't think I don't think so um yeah I think I think you're G have to do you know where the septic is this way more like this way basically it goes out towards the driveway here okay um so basically it goes kind of straight that where this where your restriction is is it is it like in the middle of where the old house was so this would be the old house and the tank straight off okay um this is a a living room that was added on to the house so it was yeah it's basically in the center I I would assume if not maybe favors when you're looking at the road from the a little to the left yeah I'm going to complicate this by tossing this out but you you only have to be 20 feet from from this side so I don't know if you if by pushing the house farther this way you can move it back this way and avoid avoid where the septic is but like a possibility or yeah something I can look into for sure the old house this was this was the ads built on the septic that's why I brought it just so we could have reference to where the septic was um so this but this is trouble this so this is that's the old house that's the old house George Lis is here correct okay and the north Lis is over here oh this is my driveway that's your driveway yeah okay spot you're correct the road all right here so this this distance is 30 feet but obviously you got to take 10 feet away from it because you can't build you can't build that close to your tank well okay I'm gonna I'm going to suggest we make this five foot variance here 15 here and you can go this you can go with far you can go 50 feet in this direction yeah um without needing another variance because because they only have to be 20 feet from here obviously you don't want to be that close because your neighbors right there yeah but uh um I think that I think that that's that's what I would prer because I think a 20 foot Varian is is a that's a bit a little bit much I don't know my opinion is the old house is 40 feet that's that's why I was saying that you know yeah I I realize that how deep was the older uh 28 I believe 28 yeah just to recap here my own brain you want to put a five foot there and I would make that 70 right and here he can do whatever he wants right and then to the front he'd like he'd like a 20 and I'm no no there's any way okay then you what will you suggest to hear 15 so he'd be six this he'd be 60 feet from the from the street instead of the 40 that the old [Music] M I think that's that's where going have to give you and and see if you can make it work out okay okay so me change this we're going to be at 60 and 70 so 15 and a five all right I will make a motion to Brand two variances to three George Lum oh I'm sorry did anyone else want want to say anything about George Lumis Road I'm in favor of it you're favor who's that my hand dad own property he's one of the abuts okay uh all right actually every one that's s some is in but okay all right so I'll make a make a motion to Grant two variances to three George Lumis Road a 15 foot variance from George Lumis Road and a 5 foot variance from North Lumis Street and that's that's the only things you need so um have a second no limitations on outsid no he's going to put in what he what he can fit I think pretty much yeah I'm limitting space between second U Dan yes Paul yeah yes Chris yes so there you go we will write up the uh decision and then it goes to the clerk's office for 20 days 20 days days and uh then you can get started perfect thank you okay then thanks for coming in [Music] [Music] have any we have any remote guest thing that that person just dropped out that was there yeah right ready you're set okay uh second public hearing tonight is uh few minutes late but it's a continuation of the public hearing for two lakem Street for a uh request in a front and a rear setback experiences how you guys doing today try to next mess up all right uh we're here today I mean requesting the variances uh with everything that we discussed prior hand okay I have some copies of it all showing everything sorry uh has everything has discussed the 12 feet off the side 40 foot front uh allow in the two stories and we knocked the bay off the garage as well okay 25 from the rear order to make the 40 from the front okay yeah I just was 29 I thought it was 30 and 39 before the front porches is on there yep we had the front porch of the architectural were showing oh okay I see what you're saying I thought I thought the bum was but that's that's fine okay did you talk to the U DW yes did you print that out or uh I don't have it I printed receipt of all I know we have um I just brought the estimate that I got from my contractor along with his email um from Randy Brown okay which is basically just saying fill out the application and your goods this is ry's drawing well kind of thing we talking okay um you need any of this uh no I have copies of it you have yeah all right I'm not I'm not going to read it if if you say it's fine if you say he yeah let agree with that unfortunately lot more than we were planning but is okay um so he did okay so got all the all your homework that you had um I want I want to read something into the into the record I got a phone call from uh the sister of the butter at number 10 uh asking for an explanation of of what we were doing so that she could get familiar with it so um I'll just paraphrase or just summarize my email exchange back and forth with her uh she she called me on the phone and and asked just for a brief uh written summary so that she could kind of figure out what was happening and just get familiar with it so I wrote I have attached a sketch that shows the latest Dimensions discussed between the new owners and the board of appeals on July 88th the proposed house is approximately 40 by 30 feet including a onecar garage the house is twostory and the garage is a single story the garage will be in will be Clos to number 10 the the house at number 10 is 3T from the side property line the new house would be 12 feet from that property owning for a total of 15 ft between the the existing house at number 10 and the side of the garage then she wrote back she had some had some concerns about having a driveway with with vehicles uh coming in and out so close to the uh close to the house it's at number 10 and uh made requested that that we uh consider moving the house over somewhat to um to alleviate any any problems with with fumes or whatever coming in to the house that's so close over that I I wrote back this the sketch I sent you does not clearly show the location of the old house it was on the dash line that is 12 feet from the property line that is what the board's condition for the placement of the new house is based on uh I suggested that she go to the town map and shows the location of the old house and uh when I when I did that for the second time I noticed that the based on the satellite image the old house was closer than 12 feet yes no not even close your picture shows right on your own zoning map right here how far that house was look at this is this is taken by Essa right here and those are 16' 4x4s right there on your Gia site look how far that my house is from that house you're not going to tell me that's 12 or 16 ft there's no way you can blow it up pull it up on your own site it's your own it's your own your own assessor office took those pictures I'm looking at the satellite well I'm looking at the picture that was posted by your assessor well I'm looking at the satellite image it's it shows Google yes that's that that's that that how Google anymore for 100 years I'm the LA the original Last owner before they sold it to Mr guerillo who sold it to these people can I have your name please Michael and address uh currently staying at 10 and I'm part owner of 15 Lake punch Street okay so I am I am the the last original owner and I lived there for 30 years and that house was 30 feet from his house s that can't be the picture shows it right there there's your picture right there show it to the board put it up on your it's your own assessor back you're I don't know what you people are looking at or the the you tried to sell him a bill of goods that this house was 17 feet from the property line no way in hell I could drive a Mac Truck between his house and mine how how do you explain the I can't explain that but that's Google that's not actual fact that's Google your actual fact is your assessor picture and at this point I was going to save this for later because apparently no matter what I'm going to say or dispute any of your your your own ordinance laws are are being disregarded this do not take this out of that bag that's aive that's has its material all over that property take it easy all over it that house was illegally taken down from the GetGo and drawn out of there and dumpsters that your building inspector told him even it's aest and that he can't even just take that house down if he wanted to do anything a wall had to be stay cuz it's a conforming lot yeah and people also came in here saying that that it was a onecard garage attach this picture shows there isn't never was so even on your rights to say well you can build if but you have to stay within that lot if a wall was there unless it got destroyed by fire or something like that it wasn't it was just torn down and now the whole lot's full of it's a hazardous the whole site is hazardous material so you're going to build a house you're approving all this with all this going on that little Susie or Little Johnny's going to go out in that yard Dro her Binky stick it back in her mouth with asbest on well I appreciate your concern for the you know and and on top of what you're doing and you're going to put that driveway this that where you're proposing you don't want to go by this picture that tarp is roughly in front of that you're going to put the house back 10 feet which means the car's going to park there and my window is right there you're going to pump exhaust fumes into my house this guy had a conversation with my father years ago and if you look at this pad in front of that house it's moved over because the house the fumes were going in the house fixing my dad not of courtesy and respect he moved over and didn't park there anymore yeah I moved the whole driveway the whole driveway was moved I cut down a tree that was 100 years old put it down and my own expense moved it to be a good neighbor his father lived there the people were there this why I'm trying to tell you people I don't think you're understanding uh what's going on that first of all how that house was torn down without the supervision it should have had is beyond me how you're going to tell me that you could put a house on what was 900 square feet and 400 of it was living space in a what are they proposing 1,400 what is there how are you going to stay within the footprint and do that on a unconforming law on a non-conforming lot to begin with way overstepping your BS your own your own ordin your own bylaws say that can't be done I'm sorry that these people bought a piece of property that has these problems and is now you're talking about a new construction you're not talking about he left the walls like I was told as long as I lived there for 30 years I wanted to make it different and knock some that I would have to leave some existing walls so why is that being why is that being negated here it should not be yeah and you guys are setting yourself up for not only a lawsuit but they have you under the impression that they're going to use the town sore well who's who who approved ripping up Lakemont street because you're talking 200 feet from my property up to point grow row there is no existing pipes down row it's 160 feet we're paying for it 160 feet is wrong sir I'll tell you right now because my lot was 100 100 by 95 A5 so just from the edge of my property up the next store neighbor Mr dwey who lived there for years helped put my grandfather build that house his property I cannot tell you exactly but is at least that plus Duff so you're talking 200 feet the DPW director said it's 160 feet so we have we have a lot of information here who approve who approv Lakemont Street I think that falls right out of this committee's thing you guys are you guys are going to Brand a variant and tell them oh you can dig up late M Street I believe that has to go in front of the select board there DPW DPW said that that that they were gonna that by the selectman and meeting they don't tell the DPW what to do with the streets the select board tells you guys what to do are you kidding me they oversee all of you guys so you know what you guys are blowing a lot of and the special and under your special permit there section 34 and 17 State about air quality and dangers to the public or anybody else of the abutters now even alone you're approving all this in a garage that is attached to a non-conform lot that never had one and it even also States in your ordinances you can build you're supposed to be in the print you're having to move it back and you're an allowing and attached garage you're breaking that ordinance and then with the air quality you're shooting exhaust fumes into my house and there's going to be carbon dioxide detectors in there now because of this and when that starts binging off in the winter time because John Doe is got in his driveway brushing off snow and he's letting his car warm up for 20 minutes and my carbon dioxide detector is ringing off the wall the fire department's going to be there or I didn't know my sister let you know and I didn't know the time of the last meeting even that I've been to the doctor on several occasions and I got the doctors there for breathing test and at June July 10th they alerted me to the fact that I have asthma you were at the you were at the last meeting I wasn't notified by doctor until July 10th now you're creating a health now you're creating a deadly health hazard well I I think you're getting no I'm not he had to move the drive away from my dad because the the the fumes go into the house that's that's dead that's creating a deadly situation we plain and simple we have no jurisdiction over deadly situation yes you do it says right in your ordinance about creating hazards or health hazards or air quality and you're affecting the air quality on my property tremendous or anybody that's in that house you Crea a house out and then after this you're still not addressing the fact that the whole property is full of asbest well that that's the health department no that's going to be your your part cuz you're allowing them just to go in there and build right now go ahead and play with it open it then play with it it's you're allowing that's a health that's that's D you want me to call D tomorrow morning I'll get D down there I waited to bring it up to you guys first to have I was told by your own inspector in a certifi no keep it it's Asus this it's yours it's going to be on you guys there's more of it there's tons of it all over that property yeah the property into the there yeah it's been draining into the lakes for the last year and contaminating my property the back property we're let's stick to Dimensions here well you're being alerted of a of a toxic environmental you should come here tomorrow and go to the health here's your pieces that you should be stopping all this until that's been rectified well answer me this sir no how was I told over the last 30 years if I wanted to improve on the house I would how I would have come back an existing structure did you come before the board of appeals I went to everybody to ask if I could do it first and I was told no and I was told by your own Mr Kyle Scott who claims he's the commissioner of there that if I ripped down my porch which was the complaint that was put against my house because it was falling in I would have to have special permits special uh things for the espes to be put in and cleaned up yeah Frank was allowed to go in there with a regular uh bobcat and exavator and put it in open dumers it's sight when was that building taken down uh it's been over a year see this is another thing in your own bylaws when was it taken down about a week after was a week after I sold it and I sold it in uh uh a little before June May May 9th this year last year so you had a lot of you had a lot of time to bring up these I I couldn't put it in my head I tried to bring it up the last time about the way the house was taken down and the and the materials and the Hazardous conditions that existed I knew the pieces were on the ground but I just didn't connect it to represent it or to bring you pieces at that point it just all made more came more to me in the last week looking up ordinances and what's being proposed on this house that's being shoved down my throat otherwise I if you could if it didn't come to this point you people would originally just said well I'm going to stick to the 16 ft like we talked about this none of this would ever been brought it up so it's probably a good thing that you did what you did now this has been made apparent before you build that house and people own it and something happens because the whole yard is full of asbest it was backd dragged it was it's in the soil now that's all going to have to be tested now you're talking about an environment you're talking about well I don't know how you could Grant a variance then for something to be built that shouldn't number one should have never been able to be granted or built on it's a non-conforming lot that was taken down not by fire not by they say by a man who just decided he was going to do what he wanted to do with no permit no permits or special I'm sorry I'm sorry but you know you get a little he because I got pushed out of that house and now you're trying to do the same thing to him you're trying to build a a giant house right on top of his property with detrimental to his house without anybody thinking about it so that house was closer to his house than what we're looking at here no no my house was further away get the picture on your own assessor site show it to him I yeah the plan we're showing is having a house being two feet farther than the existing this is the picture from your from from your accessor that what you're that's on your assess look how that house those there was aage in that and those 4x4s are 16 L off house was at least 30 house but you because of this picture proves it because I know I live there he Liv there years was one car g a thousand words over any drawings okay here yeah look at that picture and those are 16 foot if he's showing you the one yeah those are 16t boards those are 16t 4X boards in between the house to the front corner probably I don't know how steps back right the side the side peries that you're trying to push to within 12 12 ft that house the side of that house was at least 30 ft from my house it's still within and then and then the next house after me next to me is the same way that house is built right on my property line and my dad had it surveyed their stairs are actually on my property but the house was built 30t from my house and then the house next to that house that's 30t away also so all these buildings are built within 30t of each other down that road not 16t all of them not just mine so that was your house we we want that was your house all right when we pushed it back then we had to push it over yeah we were going to center it over well that's okay but we off the board's recommendation their their existing house is those bushes and those boards they're saying that this wall is only 16t from them bushes and that's a lot further than that it's not it's not a zoning that's my problem that's for sure you have room for bushes they're shrubs just talking Dimensions today no that's that's a chimney okay it's not part of the tree that's a chimney and about 3 feet or I say it's five feet but I'm being told it's three feet but it's like 5 feet but from this house from there to those bushes you're trying to tell me 16 ft that's a lot further than 16 tell you anything well I know this is what these guys are trying to tell me and that house is further away from them bushes and 16 feet from the edge of the property now you're trying to go to 12 feet for the garage whoops that's S I mean that's how how how does that work and that puts the exhaust puts puts puts a puts a driveway within 15 fet in my windows pumping exhaust rooms into my house this is the old that's why this is the old house at two Lake M this is this is Eugene's house here this is the wall here so the old according to this picture the old house was as close to this property line as his house it's not even close is we're not we're not asking for side yard es today yes you are you're going down to 12et from what you're trying to even say you're drawing is 10 whatever it says this guy's saying he's not going off the print ask variances he is to what the house was which is on a nonform lot to begin with so you're going down to 12 feet and trying to add a garage that it never had on a non-conforming laot and the own bylaws say that you can't add an attachments even if it does get allowed to re rebuild you can't add a garage and you can't do all these things like that you're not even close take a seat and let us let us talk about just a little bit uh you gentlemen back there do you have any input on any of this on the thing but she her internet up main is out she's been on been out since Friday just showing us was that that wasn't showing this yeah right but his take it from here so that photo shows that that photo is showing the jet out there so and I was looking at the same thing so I don't know if that what this was or if it was torn down represented the dash line see the jet out there so what I'm thinking is I'm thinking photo was taken from me looking at this corner I don't know if you can see this you couldn't see it yeah that's the door that's on the right side of the house right to get in the old door at the original house it's right here there's the picture of it right there the picture says a thousand words yeah and then there's a side door over here that goes in the house not this way no we have the satellite are as well as GIS information showing this there was was to the side you're trying to preserve a St that's the only other door that was in that house ever because like I say it originally if you go back uh the front of what they're saying is my house was a porch that was closed in in in the 50s it wasn't even living space so that was a porch sticking out here that's right in the front the actual hous is where you see the the the the the peak of that thing that's the original House in the original thing that's why it went down to 400 square feet but the town was charging me on 900 because they were charging me because that got enclosed even though it was a porch That's why I'm seeing that doesn't change anything I think we're bringing a lot of a lot of old information into the discussion here trying to say to you're saying this is going to be even closer it's going to be about to the edge of a and then the Garage move the house back so that car is after House notla special where's that permit where where is there one year and it says within one year it's well with over the year since that house was knocked down that house was knocked down seven days after I sold it with no supervision at all file because if they were there wouldn't be aestus all over the ground so that's what I'm saying there there's a whole lot of can of worms being open up here and well those cans of worms are are outside of this are outside yeah it to say go ahead and do it no but wait a minute sir I understand what you're saying but one thing they're leading you to believe that they're coming right out of two Lakemont Street and tying in who's approving Lakemont Street being torn up you're saying that the DPW who's paying for that I am is $30,000 $30,000 dig up 200 of this of the State Road yes 160 160 160 fet well I I would have thought there' have to be a special town meeting for that I think this well even that part okay so the any Ro been paved in five years going be dug up but as but as far as putting driveways next to my house shooting exhaust fumes and creating hazardous conditions and deadly condition for for my house this might be something that's more suited to go in front of the select board that absolutely you got you got you got hazardous materials on the property that you're appr just go ahead and build and sell it to the public and now that you've been made aware and you're going to approve this thr to the other side we're discussing Dimensions here if you want to if you want to dispute it with the health department with the DPW with the select board that once I hear you going to decide you people decide in the next few minutes go ahead and approve these plans with ASE that you've been made aware instead of saying to these individuals that listen that property's got to get checked and inspected before it be allowed to build anything on yeah that's what makes no sense here well it's it's possible that that we might be proven wrong if if that's if that's what happens but but that's something it's in that back I didn't I didn't pull I didn't pull that out of my ass you got to call the state about that we have no control of that you have control over deciding to build on that line it's not bued you don't have to go digging for IT stand in the street and look down has been B of Health in the state that's that's your business now you've been made aware and you're the you're the know since you've been made aware of this situation to go ahead and these people to do that you're disregarding on to never mind we're not allowing them to do anything we're just saying that they would have to put it here that's it it's up to the building inspector to say go ahead and build it or not it's up to the well wait a minute now this is the same building inspector who told me that it would have to be put in special containers Mr Kyle spot Scott but yet he allowed Frank gillo to knock it down and away without well if he's the one to told you that he then you have a beef with him not well regardless the property is len with as and you're going to allow it to be built on without it even being checked out no that's that's not what we're saying we're saying that we will okay then you're approving a garage that again according to your bylaws on a on a un uh a uh non-conforming a non-conforming lot an attachment That Never Was there a garage has nothing to do with non-conformance yes it does on the building that was there it says right in your own right in your own orces you can't add attachments if the house is going to be rebuilt which is also States about the house isn't house isn't being rebuilt yes it is there's no house on there there's no house how are you saying it's not being rebuilt there's no house what is he using from the existing house that he's been building this nothing this is no nothing no this is a new build BRS issue is side set back which we're not here we are not impeding am at all correct as for the esus that's not our department we're here to deal with Dimensions yeah butw your own bylaws say that you can't build a new construction if there was no special permit pulled within one year where's that permit where's that even for you guys to consider giving them the varage where is that permit special permits come from the planning board not not from us you're the yeah you're no we're the board of We're the board of appeals okay we deal with the dimensions of where okay but why would you hear something that shouldn't even be be able to because we because we disagree with your opinions well my opinion it's in your own bylaws what what and thect you have the section I'll look it up reconstructed right your own right your own ordinance right there what's a time of adoption chapter what's the chapter um CH 18528 A1 and then a b and c 185 what 18 18528 one got one a g and C beat that this right that's that's what got us here yeah to pretty sure the one talking about let you rebuild you also don't need to leave a wall up that's all per old rules uh let's see improving on existing conditions we're not here for side guard variants at all so correct yeah before just that's destroyed by fire explosion or the catastrophe well I don't get I don't think so the other special was thinking that myself yeah and then it's all backyard on the other people did you guys uh not to the best my know so Hipp guy who the hippie guy oh did you have a conversation with him about and what what did he say he didn't seem to have any issue with anything I forgot about that I just told him I I had a print actually which one I was pulling the permit and went across the hall talked to him showed him the that setup same blueprint he said he didn't see any problem with that he thought we weren't even gonna have the planning board yeah well it says here because I read read part of it planning board has to issue a special permit planning board yeah about to so you might have to talk to John again about get special gr see what he says and then not and then it has nothing to do with this complely saying we're still going to need that even if you guys approve this even if when you if so you approve this this then we still need to go I'm not sure how it works exactly well a special is needed you have to same somewhere I would assume they're G they're they would bring it up at the building permit at the planning at the planning board would bring it up if that's needed for them to approve the building permit know he can't approve the building which which I get we can square that up tomorrow that's she does as well either way it's separate from we we got have this approved yeah yeah we're not we're not going to put a shovel on the ground until we have a proof permit and allow you know we could put a r CRA around if that makes people happy clean it up we M it once or twice fing the build we're just moving the setbacks in the variant correct it makes correct and what you're you got their 185 9.1 major development review right in the middle of the paragraph says such a review will enable a planning board in the community to make early assessment of said proposals including any impacts to town resources and services traffic the environment and the fting property well that'll they'll take care of that at the planning board meeting you know there's a lot of things here we cons board you no specifically said the planning board this is board of appeals we deal with dimensions and that's it well how it got this far though is beyond me this start there's a lot a lot more than not consider this is just step one for us it might be for you but it's my life and my health yeah and on thater exctly you're going to build a house you're open yourself for a law super on the ground itself for a new owner so you guys want to consider all that Dimensions but you this committee been made we're not approving except Dimensions You' been made aware that this is done so we we are aware of that I I suggest that we we rule on the dimensions of this and let let the other boards deal with the the uh be as bestes the special permits right as you said this is your your step one then and I know the other boards typically won't review something unless we've unless we have reviewed this is always the first step to it all so um I'm I'm I'm prepared to make a make a motion to the so all we're all the only thing that we're doing is the front set there front rear and the rear yes not the side front is side it's moving yeah front 25t that would be 35 35 in front and 25 in back no 15 in back 15 in the back okay and side 12 is more than 10 obviously they're not telling us we can build I'm not trying I'm not trying to be rude they're not trying to tell us that we can build even would even have thought even bring this all up I'm almost GL I did because the if the property is dirty we're going to clean it up and but even to put the drives that close to my house my dad was there he did have to move the no pky exhaust right in my house but they're not giving us an approval beyond what the they already say 10 is the minimum that's not they're not approving anything how you keep saying that the original House I'm not talking about the original House matter talking about a new build it matter I was just trying to have a conversation you didn't do you when you make that a condition I did because this is step one right all I'm saying is we're GNA be 12 yeah I'm not talking about your where it says in these these I got a question yes I just correct yeah on the house the peak is left to right and on the garage it's to front to back y and you're putting a fortune FL yeah just little for just get it that Farmhouse look what everyone wants you don't want to consider doing anything that no okay just push off that just comen all right I'm going to make a for motion to Grant four dimensional variances for two Lakemont Street a lot area variance of 31,700 square ft a lot Frontage variance of 65 672 ft a front setback variance of 35 ft and a rear setback variance of 15 feet um to condition would one condition would be that the uh the garage needs to be 12 feet from the Eastern property line which is where the uh the old house was measured to be want make a second so that's a 12 foot minimum 12 foot minimum yes second second a second I agree yes Dan votes yes Paul votes yes and Chris votes yes the uh dimensional variances are approved uh there'll be contingent on the other boards reviewing the uh the other concerns that have been brought up at this meeting planning board health department epw and etc etc it's a long process and uh we just the uh step one so it's approved we we'll write up the uh decision and it'll be in the clerk's department for 20 days and then you can move on to the the next be many steps that you have to do there thank you right yes correct is that yes you have the address for that or no no I just have two no 11 11 on sure thank you thank gentlemen thank you very much guys I have fun with all the boards I try any pending business no no there's no pending business um got a sign need to leave this sign um no over you have a motion to adjourn motion toour I second the motion everyone in favor I meeting is jurn