e e e Tony are can you hear us I see you online I just want to make sure that you're there I can now okay cool are you are you sticking online for the night I should
be no no no I'm sticking online until I get there I should be there in about five or so okay sounds good can he um he could participate over the phone though I suppose we could get our yeah I think so and at any rate the first I think the first petition the
first matter can be handled without yeah so I think that's fine to start yeah so good evening everyone welcome to the March 11th 2025 meeting of the zoning board of appeals uh we're going to begin with our
agenda do we have any past meeting minutes that we do not okay so we'll move on to agenda item two now being after 700 p.m. petition 2417 for 25 Beach Bluff Avenue
Mr Jas how are you how are you good withoute of opion okay okay so I'll I'll make a motion to approve the petitioner's request to
withdraw their petition without prejudice so second all in favor I I'm just going to do a a a roll call I actually think I'm okay with that roll call on that so we we can move on I just
want to make sure Tony we are remote you're voting yes on the okay all right so that matter is withdrawn without prejudice and I think we should wait till Tony gets here so we can see
everything with respect to um the remaining petitions are you about 10 minutes away way Tony probably less than that but if we can hold 10 that should be sounds reasonable I couldn't hear
what he said he said if we don't mind holding for 10 he thinks it's less than that but yeah I think we should just so we see the presentation for the other two okay so we'll pick it up as soon as Tony gets here perfect how you doing good yeah being home
visiting fam got back last night bit like yeah I want to go to bed I was the flight that e e e e e
e e e e oh sorry that need that oh yes you do okay so now being after 700 p.m. we'll call the next matter which is
petition 251 of Rodrigo Pas for 44 new ocean Street one here on that petition do you want to come forward and tell us about your petition hello hi so um I had a before
we bu the property we have some existing uh building on it for the ex prodction and before I start doing the remodeling I as for permit to extend that existing area so I can make like
make like a a mud room and change the layout of the kitchen uh then we find out that it doesn't comply with the the clearance that has should be done um that's why we come to ask for you guys take a look because the
lot is in a shape and I was trying just to extend it what was already in place it was something that I knew before we started I just changed the ples but right now it's already done um so I'm asking you guys to take a look and see
how the planes looks like is more like for the kitchen entrance right now uh as was before I just extended and uh the clearance because it's odd shaped like an angle it doesn't
comply in the beginning but in the half forward it does and keeping going up and up so I'm I'm just trying to understand what was I know that the portion that was right up against the lot line is
existing they exist on on air and I'm just wondering where the prior structure stopped as it moved towards new ocean yeah it's uh the full the full length was uh right now is
uh 14 is that it's 14 total right now the existing was uh six and the new one um let me see if it's that yeah is it the portion so it was the red all added is that the yeah the red is all added
just the yeah the six and a half was existing and the 7 ft and a half is the new one so so the exit the prior structure was 6 and2 by 4 feet yeah it's right on the property line and you've
added uh s and a half or is it is it I see the 7 foot section and then there's a 2 and 1/2 foot section uh seven is the width oh seven the width yes and half is the clearance this number is 7.5 right here two and a half is the distance off the front off
the sidey yard line that's a seven I don't know if it looks like a two yeah know that I see the seven oh that one yeah it's seven and a half but what about the the one that's um closer to the sidey yard is that a two and a half or is that a seven and a half as well that that's seven and a half right there then that's five that's five okay so
it's 7 and 1 half ft off the side yard setback five feet off the side yard setback yeah the setback ask for S and A2 because the angle is odd it begins with five and two feet over turn to 7 and A2 so I see so where it's 5 feet you
need relief for 2 and 1/2 ft yeah on a because that's non-conforming yes so you're adding so you have a pre-existing non-conforming structure that you're looking to add some
conforming dimensionally sidey yard setback and some that's non-conforming so for the the portion that is conforming I believe you just need a finding for the portion that is
non-conforming I believe you need special permit a dimensional special permit which we can give you because it's less than um the percentage right we have to have two and a half is it 20% or is it where there a
20% that we can give them for dimensional special permit yeah 20% yeah 20% okay so if it's it's well actually it's existing you're you're not going any closer than
the existing non-conformity in fact it's arguably less because it's the two and a half yeah the only the only issue I have right now with the layout is because I did a wa for the permit to how gave me I didn't know so I build that close then I
changed the kitchen exit exit closer to the to the exit so right now if I have to open for some reason everything's going to be like exposed and you open I have to demo whatever I have build and the exit door is going to be
uh I mean like it's going to be in the open area and the existence is going to be closed so it's going to be a really odd shape right okay I was just trying to First understand the relief that was required um for the project anyone in the board
have any questions about this petition let's see if we have anyone that um had any um any questions or comments or anyone that's present tonight on this
petition could I ask for your name and address yeah oh maybe not can I hello okay how you doing my name is Steve gadman I live at 11 Pine Street um um my house is
uh directly behind where this um the extend the porch extension went and the yep the existing the the 6 and 1/2 ft there that butts right up against my
fence um and I don't know if you I you can I bring some pictures down for you yep I can pull those up got them ready hold on okay let me just make sure I share them with anybody online Second that's what it looks like from
your backyard yes and when you come into the yard it just it hits you right in the face it closes Us in um the 6 and 1/2 ft if you see the new
pressure treated uh post down there y the 6 and 1/2 ft is actually measured to there where that's not where the um according to the print the 6 and 1/2 ft is the distance of the existing piece I
know it's only a few inches difference but bringing it that much closer uh to the yard and coming if I come off of that post there 7 and 1/2 ft it comes way into into my yard um and the biggest thing is it's
just it hits you in the face and everybody that comes over just says oh my God I can't this you're you're closed in back here yeah um yeah I think original would be I do have it might just have to scroll through for a second no yeah I
think we had to where are my arrows that's it from the sort of the street perspective right yes is this the one you're talking about yes see this
one yeah that one they can they can see I have that picture I don't that one oh you didn't no so this one here you can see that's the existing that's so that's that's the
existing yeah that that was the existing one did the stairs come off on the side that you can't see yeah on the U prior structure yes that were I was that a was that a door that
was there and then the stairs came down toward your backyard yes well that door that door right there was put in afterwards there was a door on the other side there was door on this bump out there was a door on the side we can't see you have that picture there the street view yeah it fa is the street
they went straight down yeah there okay and the stairs the stairs come down in that direction that's how it looked mm yes okay I understand now and was there a slight covering of that door is that what I said uh that's a metal
awning and then the the roof got raised up um I know I don't know the distance 2 and 1/2 ft maybe 3 feet um added on top of that R could you go through the pictures a little bit more so I can just get my
bearings so the rear of that is pushed in further it's almost to where the front of that old Edition was yes that that PO that just just just a little bit um that PO so on the drawing it says 6
and 1/2 ft is from the left side of the the piece that was there to the end of the existing piece but 6 and 1/2 ft is actually from the end on the left side to that post and like I said I know it's it's
only a few inches but it brings it that just that much closer I guess I'm confused about uh on my side the only reason that I'm doing the petition is because to be compliant I have to be uh open deck so I can have
an exit for the kitchen because right now the exit door goes uh way further there was before uh on my point of view when I did this one I was that's when I spoke with everyone about it my intention was to
make more private because the way it was before I can just build this St going down everyone who's comes down from the kitchen is going to see his backyard and pushing that way further nobody's going to see anybody so we can come out of the kitchen go straight to the driveway and
get in the Cyro and have to uh anybody backyards if we had to comply with uh the 7 ft clearance uh we have to demo half and I still have to do a open deck because that's the only way I can access
my driveway from the kitchen so for me it's way more private way it is right now I know he's he's complaining about the size of the building but it was already existing I understand that it's right on the property line but if I open it's going to be less private because
soon as they step in out the kitchen we're going to look direct to his backyard I I understand it but I guess just to clarify the drawing you've given us because what I had envisioned previously was that you you had an addition and you're moving it down but
in actuality the area that's not shaded in red is the existing portion and then you're adding on to that existing portion yes okay so it's there on the lot line but it's that new portion is is
the existing is still on the property line we just extended okay and the same direction was the stairs we're just blocking the view instead you go down the stair and see everybody we just blocking the view and go in the driveway M and what happened to the permit sorry I got
confused with the permit um when when I request the permit for the city uh we didn't look on the clearance so they gave him the permit so I wait until I get the clearance for the permit once they say yes you can go and do it I did
and then after we start building we brought it up that we have to have the compliance be the permit that's why I need the special permit to keep it or to con comply but I'll wait like two three months to get the permit before I start
doing the the remodeling so from my my understanding because I've started dealing with uh Mr Cummings a while ago with this is that the it was on the permit but plans were
supposed to be add sent to him because I know that it would be too close and I knew we would have had a meeting even before this got built uh and Ju Just because I knew it was too close and I waited and waited for a meeting and nothing ever happened
and if we had a meeting we wouldn't we we would have been here anyways but it wouldn't have wouldn't have been dealing with this here we would have been dealing what to do and what what what is able to be built and as far as the porch goes I I
don't mind if the porch it's going to open my yard up um I'm friendly with neighbors I don't mind talking to neighbors hey how you doing if I'm sitting out in my yard um but it just it closes my my yard in and
those uh those windows were taken out those windows aren't there anymore U Mr said it was a um a state law because of a fire hazard um and they had to be boarded up yeah this reminds me a bit of of the
analysis that from 80 middle sex is that the overhang yeah that was the one um just just looking at Robin's analysis on that and that
one everything was you know non-conforming it had um more set than we have here right that was to construct a roof over the existing front stairs and stoop
and the existing uncovered stairs and stoop do not have to comply with a minimum yard setback the construction of the proposed roof will cause the minimum yard setback to apply to the stairs and stoop thus increasing the existing front yard and side yard setback non-conformities
and she looked to Balta and her opinion was it required the property owner to obtain a dimensional special permit or variance pursuant to 486 oh not withing on its face that it appears that our bylaw appears
to she continued what it is is it issue is the alteration or extension of an existing non-conformity by further opinion it all is required if anything is a section 6 special permit she laid out the test for Section
six special permit from Balta um therefore another the test laid out in my opinion the board should first evaluate the relevant work to determine if it is increasing the non-conforming nature of existing any existing non-conformity if the board finds the
negative no relief is necessary the board finds that there is an increase in the non-conformity nature of any existing non-conformity and the board May Grant a section six special permit upon it determination that the change is not substantially more detrimental than the existing
non-conformity to the neighborhood one one thing that I'm wondering about here is the pitch on the roof changed right from the prior was the prior roof flat
uh small Beach so sorry it was a small pitch it it wasn't flat but it has a pitch on it so you're not coming any closer than the existing non-conformity and then you have a the
non-conforming piece that I think needs a section it needs a dimensional special permit and then a portion that would need um just to find it right right that's how you see a Marissa too that's how I see it yeah okay I agree with you on
that [Music] so uh sir anything else that you wanted to add no I didn't know if you is there any anyone else that had any comments about this petition anyone online too um
can use the raise your hand function doesn't look like anyone online no it's not worth it so one thing I can tell you sir is for the relief that you need you need two forms of relief and I don't know how the other
board members are think and quite frankly I'm not sure I haven't made up my mind about this petition but you need four votes in favor we have only four members tonight you don't have the benefit of a fifth
member to to hear this um request for Relief so what has been long-standing practice of this board in this situation has been if it appears that you are not going to get the relief that you request
and we give you the opportunity to continue and then have a fifth member to have a full compliment of the board um at the next meeting so I would continue with that in that policy um if that situation presents itself do
you understand yeah I do so U but as for me as I said before uh either way uh at this point doesn't make a lot of change the only thing that I'm trying to uh to keep it the way I did I was trying to
make better for whatever is going to leave in the house neighborhood and everyone around uh open that or closing de either way we get it works for me it's just going to take me more work it's already pretty much done and I hold until now to
get it answer but I want to at least hear from the board what is what you guys thinking about it and if I have to tear down and open that I'll do it that's no big deal I'm not going to pursue that further I just want to
expose it before I I continue okay I um appreciate that the um so let's we should discuss this um with the board I'm not going to close the um public
hearing yet um but I'm curious if board members have any thoughts about it I'm really curious what Tony has to say from his view as an architect on we're hearing testimony from a an AB butter who says it it's
much more detrimental to me um and he's very close to the project um I as a lay person look at it I can see the argument by the petitioner that well I have it closed in so you're
not looking into the backyard what what's your perspective on it if any I think the uh the big issue is that sloped roof it's definitely you have more roof area which means you have more surface area to then drain water out to
closer to the ab Butter's property um not necessarily knowing what's going on you know with flooding in this area or anything like that I think you know there's definitely some low-lying areas that that trap water in in the um some of the neighborhoods but that would be my
concern like over time you have just water being shed in that more water being shed in that general direction uh I think beond on that the just the sight lines that were happening I think I I can see the
argument where if you're in the the Butter's backyard I you might have some issues with uh with well actually no you wouldn't have any issues with light but it just seems a little bit more claustrophobic but that's just a personal feeling on that one just with
the images that were presented but I think the big issue is the the water right right and knowing that the the you know the if it were all uncovered deck area that would go straight through would it would it would
I'm saying in terms of uh relief um would it need relief from this board it's the fact that it's enclosed and covered uh that's what triggers the need for Relief yes even we uh got because we
I suppose should do a g in the house we haven't done yet waiting for the confirmation cu the gut is going to direct the water to another area yeah I I understand that I think I'm just I'm working off the information that has been provided so you know if there's a gutter then you know that's going to
help because it needs to then be away from the abutters property um I I still think that the the the actual um qual like the quality of space I think is a little different but that's subjective right if we want to talk
about how far away we are uh from lot lines and things like that I my biggest issue is water so if if there's a gutter then we can red diert water elsewhere but I think we need to confirm where that is no G will for sure will be done
it hasn't been done because we've been waiting for this uh to finalize Paul any thoughts about this petition I was confused about the window situation well well it shows that there's a they disappeared and there is
a window that um is on the facing the backyard yep there what looks like at least a single window I can't see on the other side of that vegetation if there's another I believe that's on the main portion of the house not on the addition oh and then both of those windows have now been boarded up or they are boarded
already and that the thinking of that was it was from um Mr Cummings he said that it was a um it was a because of fire Cod for for safety those windows were not allowed to be in there yeah the windows are are too close to the lot
line so if there's a fire it can it can jump over has should be us at back yeah okay CU there was one back there too the one to the left is is of that right there was on the um the existing that was not there though but it wasn't there before there was no windows there there
no windows at all and you you got a permit without the without any plans or anything like that it's just that the description just say we're going to add uh for the existing construction we're going to add 8 ft of uh covered porch
covered Porche that's what was in the perment 8 ft of what covered porch cover covered porch so the permit was for a covered porch not an enclosed space that's that's a bit I'm confused about no wasn't closed because we need to to go out of the kitchen with
the the one and then do we is this what you submitted for the permit it's just the no I I didn't have the land survey until before we when we did the permit I didn't have the land survey
done that was done after I I would personally feel that it would be helpful to see that permit application understand what was included on the first round MH just so we have a full picture of was appr it doesn't sound if it's you enclosed or not
enclosed makes a big difference so close say that again Tony you want to see the permit application yeah I think it should I think the the drawings that or drawings or the description of that permit application should be included so that we can yeah to see the full picture of how it played out sure was in front
of building inspector it's it's interesting because if that if you weren't looking for the dimensional special permit for that 2 and 1/2 ft in that area if it if essentially it
was uncovered and open in that middle portion it would not be too controversial if it were just a finding for the remaining piece of it but it's you need higher standard sorry I'd like to know if the roof changes
were and the roof changes also in you know I think um when you're looking for that dimensional special permit I think it opens the door to consider that as well what what I'm wondering you know
what I think I'd like to have I'd like to um I think we should have the benefit of a fifth member to vote on this one I I did not get a chance to go out and look the perm say mud room I'm sorry on the
permit when I did the the applying was uh a mud room a mud room were there drawings that were attached to that uh no I don't think so okay is that required wasn't um sometimes it depends on what the if you need to put if you if
it needs a a special permit I would imagine yeah you need you ESP where you it was off of a structure that was right in the lot line yeah already not conforming so yeah there should have been drawings yeah in general if anybody applies for a building permit that involves a structural addition the
building department will require that they submit a land survey so that way they can verify if zoning relief is needed in some capacity because the building inspector the building inspector is the person that makes that initial determination as to whether or not zoning relief is needed and if it is then it gets bounced over here to the
board and a land survey is that that tool yeah so was that not asked for here or did you not give for the lens surve not when we when apply wasn't me was the
the contractor who did so I think he he provide what they asked for maybe he lack on more details on it especially because was so close to the property line if it was me I'll detail more but uh that's how they did back then so
that's why I was just trying to get straight up so that I don't know if you feel the same way Michelle I'm thinking about continuing it for a month so we get a chance to look at it and also we'll have a fifth member any objection to that so that that's what I think we should do I
think we should continue to our next hearing the chair I'm just the um acting chair tonight the chair will be back so you'll have another uh she'll listen to the uh the tape the video and she'll be
able to participate and vote at the next meeting it'll give us each an opportunity to go out and take a look I'd like to see it from both perspectives I like to see it from your yard I'd like to see it from your neighbor's yard and
um I think it also gives you an opportunity to try and communicate with your neighbor if you both choose to participate if you don't that's your choice I don't want to get involved in yeah any of that type of negotiation or meeting I'm just suggesting you have
that opportunity but you know I don't think it's proper for anyone to say one side or the other isn't cooperating it's that's not for us to decide we decide the case on the facts that are presented to us um so would you consent to us
continuing the meeting for another month and not voting on it tonight yeah I do so I'm going to ask you to sign a continuance form and I'm going to make a motion to continue this to the April 15
meeting and you think we're not sure of the location it may be here or maybe at the senior center all right I'll aim for here I I it here better so do I have a second on that motion second all in favor I all right
okay so we'll see everybody back on April 15th right thank you very much thank you thank you the next agenda item is number four 2502 Mary Burke here of Chris dras 21 Parson Drive I see Mr duas is
here good evening good evening um and I know we only have four members but I I think we can proceed with at least a presentation I I don't think this is all that complicated um however if it looks like
if you'll get a sense of the meing for me when we get I give you the same courtesy I know you would Mark um with me tonight Tom and Mary Burke uh and I'm representing them my I'm a lawyer from
Salem as you know um property is owned uh in the uh Mary Jane Burke 2020 revocable trust Mary's the trustee she and her husband Tom I've lived on that property for over 30
years um and in 2009 they uh built a an addition uh to the to the structure where his parents moved in who were rather elderly at the time uh and having some
some uh health issues um the addition that was created back then consisted of two bedrooms a kitchen um a bathroom and a living room if you
will plus a separate entrance however um it was not uh separated from the house by any any door that could be locked um
and the there were two French doors that led into the dining room the common dining room um and the configuration as I think you can see uh it's on exhibit
1.1 uh had the uh bedrooms to the front of the house and the kitchen to the rear um that uh section of the house has only fairly recently become
vacant uh as uh colum's parents have um deceased um the uh plan
was uh developed as Tom and his wife uh have now uh got older and Tom is semi-retired and spending a lot more time in
Florida um and was thinking about uh selling his house up here because he wasn't going to be here fulltime and it's it's a significant property um and it there stays involved and he's pretty much gotten used to one
floor living uh in Florida uh and the property itself is a conforming lot the structure is a conforming conforming structure uh and the plan was simply to
rearrange uh the kitchen to the front of the house the bedroom one bedroom instead of two bedrooms making a master suite uh and move it to the rear of the house um the kitchen would then be next to
right next to the existing dining room if main dining room or dining room of the house uh and the idea occurred to them that where they had been
multigenerational living in in the property for many years that maybe it was a good idea that uh he could have his cake and eat a to in that they would still get the
pleasure of the lodger property um the benefit there's a pool in the backyard and all the amenities uh and have his daughter and husband and three kids move in they would take the bedrooms up on the second
floor he would he and his wife would move into the the addition there are no changes to the exterior all of the changes are on the interior so we filed for a building permit and then when we did
that we ended up in conversation several conversations with the acting building inspector Max Casper um who uh took the position that this was an
Adu uh the section of the house that we were remodeling we tried to explain to him that it was not an Adu that it was a situation it was not
separated in that yes there was a separate entrance but it could not be blocked off and when you look at the building code for an Adu excuse me what is an
Adu accessory dwelling unit that uh it has to be separate the building the building permits that deal with adus you have to be able to lock it off and be separate it's not open to the PE the the people
who live in the other structure to just come and go uh we pointed that out to him that the present structure uh is not able to be blocked there were French doors there which uh
if you look at the plan which with the with the wall uh remove uh red marked in red that we want removed there was that were opening into the dining room did have French doors but those are going one way or the
other um we uh tried to explain to them that this was multi-dimensional multigenerational living that the constitution uh provides for not only
that Massachusetts statues also provide for it section three of um 4 a and that the Supreme Court has in fact
determined that multi-generational life living is single family is is covered by single family living um we you have do you have a site for that for
the yeah SJC or the name of the case yeah uh it's um where is it I got it written here it's uh Mo versus East Cal Cleveland could could you repeat that
for me more versus East Cleveland I have it here okay um uh 431 us 494 1977 so a US Supreme Court case
yeah in case you're looking for the other like be with me yeah mgl AA Section 3 um also provides for multif family
multi-generational living in any event uh to to go further um all we wanted all we want we're requesting from him was that we remove that the rest of that
wall that you see marked in RIT which if anything opens up the the the uh if you will separates it removes even greater any chance of Separation he he he stated repeated L
that it was his opinion because locks could be put on that door that it was an Adu and that's like saying well yeah if we do something illegal then you might
be right but we're not doing that so why are you basing your decision on something we're not doing uh he then said well by opening that up if you take that wall out then what you're doing is you're
expanding an Adu and you'll be over the 900 ft square feet of living space we said to him that would be true if it was an Adu but it's not an
Adu it's a living area with a kitchen I I believe you know that you can have as many kitchens in a house as you want B case uh establish that along long time ago and that what because you might do
something um that that would potentially make the situation illegal does it does doesn't mean that that's what you're doing You' presented plans and if you changed those
plans uh he would see because he has the right to inspect as you're going through the process so he said as long as we did not remove that wall he would give us a permit which again made no sense to us
but we said okay we'll take that permit and we'll appeal to the to the zoning board and ask them to allow us to take that wall down so either
way the situation is going to we we have we have a building permit we would like to have that more open it would be open to the kitchen to both kitchens the dining room would be uh better for
bigger family gatherings because I don't know if you any of you know the Burks but there's a bunch of them uh and they and they party um so and one last point if you look
at the the the the house from the street the garage and where the cars are parked in front of the garage is on the left side of the house the door to get into
the uh area is on uh the separate door is way over on the far right nobody uses that door to go in and out of the house because they Park their cars in the driveway all of them go in
and out through the main door which enters into the living room and then you go through the dining room to get to uh the um in in-law suite so all we're doing is we're asking
to make some modifications to an indoor an existing indoor suite and we don't understand the logic of the building inspector and I think Marissa was in those meetings I think where have I have
I properly represented yeah the view of the building inspector yep so max is in here is he just is he on teams he's not okay no so for everybody else on the board I
think this is the first build inspector appeal that you've heard M we haven't had one in quite a while that I can recall there was a period of time where we had you know I've been on the board close to 20 years so there was a period of time during that it seemed
like every month we'd have one or two so very few do we receive so this jurisdictionally is the process to appeal a determination by a building
inspector the right of appeal is first to the zba and if the person either side is grieved be it the town or in this case because it's a permit or um the petitioner they have a right to
appeal to the superior court of the land court so this is the you know the first step in that process so if if we we believe that the building inspector's decision
was improper arbitrary in capricious we have the authority to overturn the building inspector so what we have for a record here are petitioners um
application their petition for um review the plans um we don't have a written determination so sometimes when we we we get a um often times when we get um an
appeal there's a a letter from the building inspector that describes the rationale for the decision they're making it's often a request of the building inspector to enforce the
bylaw and um the bilding inspector saying no I'm not going to enforce I see it differently and then there's an appeal and sometimes you get an appeal like this that um don't agree with the determination in the building permit
application on a bylaw zoning issue so that's how it gets here and we typically conduct this type of hearing the same way we do other public hearings with looking to see if anyone has something
to say about the petition on either side and then discussing it and voting so that's what we we we'll look to do so is there anyone who wanted to be heard in
yes opposition to this yes petition yes so could I have your name and address sir if you don't mind Clayton just using the microphone over there that way or you know what I can bring this I guess this is right yeah okay what's
your address sir Clayton Curtis your address 19 paron drive I'm the uh direct my yard is the one to the right next next door to the plan there my
house what would you like to say about this petition okay first uh this beside the point but the Burks have not lived there 30 years the Burks have lived there less than
25 so but it again I say it's beside the point uh what I have encounted the past three months is waking up to a huge construction site every
morning right next door to me here and it started right after Christmas and uh there's been nothing but trucks electricians plumbers junk
trucks Dum dumpsters the size of a tra Trailway bus and noise all day long of of uh pieces of everything coming out going into a dumpster now they're f finishing
up with plumbing and things like that and to me uh I didn't know or I haven't heard from anyone as to what went on or what's going on and my uh concern
was said uh with all that can all the activity coming from that area what what is is happening and some somebody said well it that I I heard from somebody up there oh
he's doing inside there I said inside okay fine you you don't have to have a permit or anything but I said how much uh how can you do an inside like
that and be just just doing a little inside job with all that's going on what else is going on and why why do we uh have all all of this all of the time
like like that to me it doesn't seem like just a little simple operation what what is going to go on and I didn't know until the other day I got my card and then when I had a chance
I went down and tried to find out the fact that it was uh the determination was being appealed by a building inspector and when it's appealed like that that concerned me why
why is U turn uh turned down I said that meant it was turned down why and here I am finding out and uh uh looking at the
uh the which all seems fine I've known the Burks for years since they moved up there and I knew the mother that lived in the apartment there I could see them maybe renovating the apartment because
it was very small and need needed some you know probably new appliances and things like that but my main reason I'm here is that's as I said I've had three months with and I have not seen the
Burks once in probably 3 and a half months they've been I don't know maybe they're in Florida or something but uh um well that's well do you understand the narrow area that's in dispute it's
just one interior wall whether it can come down or not that that's what the appeals about just an interior W yeah that one interior wall and they leave the interior wall up yeah and found that
recently just recently but again I'm why why all the spaces and well they're reconfiguring the entire in that that wing of the house yeah so they it sounds like they demo the whole thing and there's a lot of work to be done yeah
and the plans the plans show that that they're moving the different spaces they're move they're putting the bedroom in one area so they got it and you know that's that's what happens I know it's inconvenient I just had a knock down in
a two and a half story house built right next to me over the past 10 months so I I appreciate that it's disruptive but you know it can happen it can happen anywhere in town yeah well done work myself and I I understand what
you saying and I wish when I did the work any work I I wish I could have that dumpster but at any rate uh I didn't know till recently the uh this is going to be maryan in
DA's Tom apartment yep so that's okay yeah so they've answered your questions through this Pro this hearing you've you've gotten some information that you were wondering the the what excuse me so do
you have any questions about the anything that is happening now like with this wall going staying up or going down any if it goes down no I don't have any here okay except all right well thank you sir is
there anyone else could I have your name and address please who was I didn't get that Anton Antonov 18 in Parson's Drive I leave two house remov from uh Tom and Mary so yes that's all true nobody used the side
door I live there for 12 years I never seen anybody I never even knew that Tom has his parents in the house truly but uh yes they they busy with the guest but never bother no one uh the way I see it and by his opinion I mean I come here
just because you know I got the card in in appeal and appeal is just like uh Mr Curtis saying it's something wrong I was thinking you know like a zoning bed or they putting second floor whatever not I'm concerned if they if this is with by law it's totally fine
with me uh what I see uh by removing that wall they're making that house more one house family then rather than separate just I never knew what they do what they're planning to do but on the surface you know we removing the wall in the middle of the house to
may join kitchen and dining room that's make less that what fancy what you whatever the separation unit it's going to be what you know so they're not violating any zoning you know they not try to make a two family houses house out of it you know living quars I have
my mother before she died live with me for eight months you know you know in downstairs I I never cross my mind and I'm you know I'm building that uh that unit that separates me from my mom right so I'm just saying they are within their
rights you know and in a building inspection on a power trip you know if I own the gun it doesn't mean I'm a criminal right so if you if you building something that uh you know make the family GA together this is on Surface you know it doesn't have a
brainer you know to to see you know this is not uh they within their rights to do whatever they want you know so this is my humble opinion uh I I hope you take into consideration when you're making decisions so okay thank you sir very
anyone else who's online that wanted to speak about or ask questions about this petition hey guys can you guys hear me okay this is Tom can you guys hear me okay yes yes yeah so um so of course thank you for hearing this and you know
last thing we want to be disruptive and I guess first off I didn't realize but the neighbors were going to be there and you know I guess that's that in itself you know reflects back on me I prise should have um you know probably should had some conversation with Curtis and
certainly you know uh I'm I'm really appreciative you know of the support that I get from the neighborhood too because I didn't expect either person there and honestly I didn't think this was going to be that hard of that disruptive the goal was um was really simple which is we would try to make one
bedroom instead of two and try to reorganize so Mar and I could have good um you know good quality life the next 20 years um and and of course along the way honestly helped my daughter right my daughter and her family needed the help and honestly it's a it it was it was us
actually making a pretty big sacrifice to move over there and out of the big house and um you know and allow Jen and Robin those kids back in there and so anyway I just want to introduce myself appreciate the the time and and to my neighbors you know uh the communication
should have been better and that in itself I apologize for that okay thank you sir is there anyone else that wanted to be heard about this petition it's on teams use the raise your hand feature if you
wanted okay hearing none um I won't close the public hearing yet so I get to sense the board I can give you my opinion if you'd like I see it as a multigenerational house I don't see it as an Adu I don't see that
there's any detriment to the wall coming down and I would um support the petition and overturn the decision of the building inspector uh I think what I'm I'm looking at the plan the existing and the
proposed and I'm I think you said there's a French door on that wall currently which isn't shown and then there is a because it's already gone okay but in the in the in the existing plans is not there so I understand but it was it was when the when the
architect went in to do that because originally we didn't have architectural drawings like that so when he went in it was already gone okay and then but then in the proposed plan that wall is still there yeah but that it's marked marked in red I I understand I understand that
I was showing but that red is is a is after the fact right like so you have I trying to I was showing you what was approved and then the red is what we want taken out so normally in proposed plan you wouldn't have that wall there so you
don't have to mark it out in red because you have the existing right and you have that wall there and then you have this would be gone so you'd see that it's gone send me the plans the way he sent them so okay I'm I'm I guess that's the there there's just some irregularities with how this is documented but I think
beyond that fact if that wall is coming out I I don't necessarily see an issue with it if anything it was an Adu in the beginning if you look at what the definition of an Adu is are there um are the utilities separate in that uh that
Wing like is there like a separate meter no they're not no okay no so I think that the biggest thing is that it is completely closed off there are multiple entrances we're hearing from the neighbors that that other entrance wasn't used so if anything we're actually getting away from that and is now becoming a larger space for
multigenerational living be when before it was an Adu I think if you looked at what the definitions were I don't think you're expanding an Adu because it's all going to be one space and as long as you're not like it's already built so it's yep that's how I see it okay how
about you Paula same how about you same I mean I'm not the architect but it's not a loadbearing wall like it's not a problem with structural Integrity right well if they're going to open it they'll just they'll fix it they they'll put Steel in it if they need to so yeah I have no issue
okay knowing that um Mr duus will write an exceptional opinion for me I'll gladly make a motion thanks um so uh first I'll make a motion to close the public hearing I'll in favor I I I
and I'll make a motion to approve petition 2502 to overturn the determination of the building inspector in issuing permit B 2524 to allow the removal of the
interior wall is shown on the plans and to make a finding that this is not an accessory dwelling unit it's used for multif family multi-generational living space um
and that um I think that's all we need so do I have a second on that motion well before we second could we add a note to update the proposed plan so we have a file that it is accurate and that the the plans be updated to ref reflect
the actual condition and there's no change to any of the exterior Dimensions okay I have a second on that motion second all in favor I I I okay so you have your relief thank you and then
I'll make a motion to adjourn our public hearing second all in favor okay hi all right thanks guys thanks Chris thank you