about all right and as well I'll ask you when you when you two come up okay if you if it's all right that we go with four members and if you'd like to wait or continue it we can always do that okay okay well we're a kind of gentle the board here and so with that I'm going to say good evening and before I get I get to the uh required language uh mandated by our governor I'm going to uh bore everybody for a minute or two to say I've been out for just about 6 months I I'm told I did come back for one meeting I don't remember it did so huh you did a good job did I so no I didn't I'm sure I didn't that's why I didn't come back again and probably if any of those go up on a peel I I wish I hadn't said what I'm saying but uh in my absence I I would watch my colleague in action and uh each and every one of them jumped up to that plate in a way I couldn't believe uh whether it be a regular member or an alternate everybody was just playing wonderful filling in when they wish that regular members such as myself would attend every meeting so for those that jumped in in my absence I appreciate it very much a special and and and this is not because I've known him forever uh but two special things I'd like like to say is to Mr IO City to my left who always jumps in for me when I'm not here and does such an admirable job and uh Miss Fallon seated over to my right who if you've had any connection with our board you've met her and and I'm sure enjoyed the enjoyed the episode uh she is incredible uh she works diligently for our board and more importantly uh can put together a board seemingly no matter what so if if Mount ATA blows up again we're going to have a meeting that Thursday night and it will be fully attended I'm sure so to to miss Fon thank you very much with that I'll stop boring the audience and while you may think there's no audience I just want to say that we have hordes of people at home glued to the television how do we know that because if we do anything wrong they remind us for the next 10 weeks so please uh let's show the ordinary decorum of a a meeting and with that we'll get on so I'm required by uh Governor Healey to read this and so I will my name is Steve D young and I'm the chairman of this wonderful Li armoth zoning board of appeals we will now convene the July 25 meeting of the yth zoning board of appeals as required by General R chapter 38 sections 18 to 25 and pursuant to chapter 20 of the acts of 20 21 it's known as an act relative to extending certain covid-19 measures adopted during the state of emergency previously known as co uh as extended by chapter two of the acts of 2023 the public are able to attend this meeting either in person or via the alternative Public Access members of the public may watch the meeting live on our channel 18 or watch and or participate in the meeting hosted in Zoom the meeting notice provides necessary instructions for how to join the meeting via Zoom please note that audio video and screen sharing functions will be disabled for all attendees that means Zoom attendees and you may request to participate by using the ra rais hand function of the zoom platform with that I'll call a roll call Mr M Tony are you here tonight and Tony are you here tonight I'm sorry Mr iGo are you here today I am Mr Frey are you here tonight here and Mr Martin who is would be seated to my far right is not yet here but uh hopefully he'll join us while we when we get to the substance of your petition with that would you please tell us who you are and what your petition's all about you go first well I guess wait a minute I can read uh I'll read the notice to the public uh on the petition before before you tell us about it uh this is the petition by George Avery carpentry it's known as petition 5120 it's concerning property located at 9 milled Road in sou yoth Massachusetts property located in an r25 zoning District the applicant seeks a special permit pursuant to 104.3 point2 sub paragraph 2 in the alternative to modify special permit 4962 dated August 9 2022 so as to add a landing of 15.5 ft from the rear property line please go ahead and tell us who you are and what you'd like to tell us about this petition I'm George Avery excuse me George what what we did is um we added a slider it's on the plans and I know you need to put a 4-ot landing we ended up doing a six- foot we went the length of the the slider it goes out 2 and 1 12 to 3 feet into the 10t OR 15t area which Mr uh which Brad said I needed to talk to you guys about yeah sure you went too far yes sir Like A Bridge Too Far Right y all right well and who's the gentleman sitting with you please Donald Morrison I'm property owner okay well good to see you tonight too thank you I hope you're staying at your home this week yeah well we could have had better huh all right we got to the beach today so as I said to you uh earlier this evening uh what happens is we then ask the board members if they have any questions of either one of the two of you and uh it doesn't matter who answers just as long as we get the information or you respond to the questions and uh then we'll ask the audience to chime in if they'd like to and if nobody does then we'll close the public heing and open it to board discussions and the vote okay okay all right so we'll start with Mr Manon you have any questions about board yes just a couple so you put a SL so just so I understand you put a slider in sir and now you've got a what is it a six foot deck it's a six foot slider with a six foot deck by three feet out three feet okay that's what I was um in the stairs here uh uh you measured it from the the end of the stairs to property line and that's where you get coming up at to 152 ft right yes okay I mean that's pretty simple that's all I have Mr chairman well thank you very much Mr Iger no question how about you Mr pre I'm just having having a hard time lining up the house to the the plans that came by um I'm just trying to make sure so but the second you remember the submission you made one had the the first page had the first floor or whatever yes um the the third page shows this looks different and I'm trying to figure out it looks like almost like a different house than the first one and I'm just trying to line that up do you do you have a sheet A3 yeah well I'm looking at ab1 oh okay thank you and is is ab1 the same house can I see it sure well you can see it am I allow to well I don't have it this is this was uh now here's what we need to do uh once you why don't you take a look at that then we need you to go back to the microphone so that you can this was this is an as built yeah you see you got to go back to the microphone you're not hearing me and again that's because people are home one to hear the the plan you just looked at is is the as buil that was what was there that's the old house before you added on yes and then you'll see the addition on A1 the first page is the is what's there today okay there's a deck and new deck and so you're basically the change is that you're going off the back by about 3 feet plus stairs it no the stairs are not in the way there's three feet of the back say this is the deck here yeah the stairs go off that way this part of the deck is the 3T into the area yes 3T farther than expected yes okay thank you that's all I had all right um I mean was was the was the site engineered before the addition was put on yes was it staked as to the as to the the the um furthest point to the roads it was it's not it's not a road it's just the backyard no road is not a road no the the this deck we're talking about is in the back of the house okay I'm sorry I see it I apologize yeah that's okay okay but was it stake there um there were there were Stakes for the foundation there were no Stakes for the deck okay it was basically an additive yes anything not part of the structure save for decks gotcha yes well you do you know who the abut is it's it turns on it turned over recently okay within the last two years and it's become a rental property I've not I have no idea who the so you haven't gone over and spoken to them at all have you and have they come over and spoken to you about the proximity of this deck to the decks are pretty benign in my mind you know and we purp you can make the same noise on a on a fully conforming deck as you can on a slightly larger deck and it's never going to be a deck where utilize it in a traditional it's more just an exit from the house well you're the owner today right we think about the owners down the road that's our job well there is something that I do need to read into the record before we invite the public and that is from Don Morrison as requested as the homeowners we authorized George Avery to be our representative oh Donald you're here yes I don't need this tonight you decided to come along with I came you've authorized him to speak haven't you yes all right is anybody in our audience care to speak in favor of this petition if so please come to the lean tell us who you are and what you would like to say seeing no Stampede does anybody in our audience care to speak in opposition to this petition if so please come to the lectron and tell us who you are and what you'd like to say and seeing none we now close it rep Publican put into the petition and open it up for board discussion and deliberation okay um I'm sorry again we constitute only a four member board this evening as of this point but that's all you're going to get to vote on this petition even if he arise now okay uh Mr fre um I'm not going to call it Dom Minimus but uh it's not it doesn't seem to be a big sorry but it doesn't seem to be a big a big uh a big change it it is I guess it's 15 feet now from the from the back line is what it looks like 15 and a half so um I'm I'm okay it's already built and I I don't think it's really that that uh that encroaching on their neighbors so in this case I would be supportive okay thank you Mr iGo yes I I agree with Jay also uh in addition the neighbor to the rear seems to be an adequate distance away so I don't think there's going to be any nuisance um a lot of people don't know that when they have a deck that they need a 4 foot Landing when they come out the back at least a 4 foot I know cuz uh I've experienced that personally with the house I built a few years ago uh I just put a set of stairs coming out of it when I called for the CEO that came down and said no you need at least a 4 foot Landing I wasn't aware of that so put the 4ot landing on I had I had plenty of room in the backyard but I learned that the same way you learned that so I'm familiar with that that issue but uh I don't think it's going to be any type of a nuisance at all a congestion I think it's uh certainly not substantially more detrimental to the neighborhood so uh I plan on supporting it thank you Mr mantony I agree with the other board members yeah I don't have any issues it is built right now okay yeah so no issues with me yeah I don't see how it imposes any hardship on the on the neighbors or I don't see why we can't Grant relief uh pursuant to the criteria of the zoning bylaws which Mr AO is going to recite for you in a moment when he does his uh uh closing speech as he always does so a good question please feel free I go to go right ahead have a question oh sure just Sean is is this a special permit or is it variance the special permit um it's an extension or alteration of the special um and I think what we should do is just amend the existing special permit I don't think we need to issue a new special permit just for housekeeping purposes F sure that's fine yeah anybody have a problem with that amending it okay instead of issuing a new yeah amend you still have to take it to the registry of deeds and record it the amended okay amendment to the special permit but it's just a you know an easier way to go about it okay so go ahead Mr igel I'm sorry I interrupt you well I'd like to make a motion that we approve the special permit as requested with no conditions I'll second and do you concur that they meet the criteria of the zoning bylaw I do I think they meet the criteria for a special permit um and therefore an amendment to the existing Amendment to the existing special permit sure certainly will be no undue nuisance created has it a congestion there sub nor are they substantially non substantially and nor they're not more substantially non-conforming nor nor detrimental to the existing or Future character of the neighborhood of town correct and you and you know in fact I think you're enhancing the neighborhood in town they're doing a good job over there yeah it's a nice property you're doing what you can do on a tight lot and a funny configuration of that yeah when they built those many years ago they uh you know they kind of put them here and there and it was an old fishing shack yeah yeah yeah I grew up on Evergreen Street actually I remember that house right there when it was kind of what do you mean your boundaries there I stick there that's my boundary uh well what a pleasure uh dealing with you gentlemen this evening uh we're going to now bring it to a vote if that's okay with you okay you have anything else you want to say before we do that no just want to thank you for your time on the motion so made and seconded Mr Frei I Mr AO I Mr mton I and I'm an I so that carries four uh to o a decision will be drafted it will be filed with the town clerk's office uh 10 days must elapse before that is considered an issued special permit and it will only take effect upon recording it at the bondable registry of deeds and returning proof that you have done so no to miss Fallon okay okay the brains of our operation who have blessed to work with you can go now thank you gentlemen great rest of you congratulations thank you than you all right and then the next petition is that of uh 5121 Sonia and Anthony Hilton Hello by process of elimination I bet that's you and so this is concerning property located at 16 Ivy Lane in South Yarmouth Massachusetts that property is located in a zoning District R40 the applicant seeks a special permit pursuant to gen General to a zoning by law section 104.3 point2 subparagraph 2 or in the alternative of variant pursuant to uh Section 2035 for side setback relief uh to build an 8ot by 12T sun room good evening good evening will you tell us who you are I'm Sonia Hilton okay I'm Anthony Hilton okay good to see you both go right ahead and tell us all about your petition please we' like to be by 12 sun room just a addition to the Sun the little one that we have like to extend it a little okay and is there a reason why you need are you aware of why you need relief from us here tonight is it too close is that the problem no I do is it too close yeah close to the sideline setback Too Close to You know you have a setback requirement from your sideline well we'll go over it we'll take a look at I think we can probably figure it out so uh uh Jay do you have any questions of our petitioners um I don't I I think this is is it is it non-conforming today does do you know it's a if the lot is already non-conforming just curious I'm I'm trying to find understand if we're looking at special permit or variance but I guess I'm asking a person from the board yeah got to find what the reason is they're even here it's well that they're going to be reducing a looks like 12.7 feet from the uh from the property line with the addition of the 8 by1 room best I can tell okay is they have the full they have the full distance today it looks like like 20 so I think all of the setbacks I don't think they meet the front setback you see a number 29.4 okay so it's so they'd be legally pre-existing so it would be special per we can do special per okay um that's good it's easier um so no it just looks like like they're going to be reducing the um side setb from 20 feet they need to go to 12.7 I don't have question okay pretty straightforward how about you Mr iGo I have no questions it's pretty straightforward yeah John how about you um what's the structure um behind on on the other side of that proposed sun sun room is that a deck back there yes it okay a deck in the back can't put it over there um and that's the only spot that you could put it right yeah as far as you're concerned okay no further questions Mr chair okay have you spoken to the the health department are they did they chime in on this at all no no need for relief there I see the septic systems way to the back but looks like there's a distribution box there but you're not on it so that's good news and uh how about your neighbor immediately to the uh from looking at your property to the left have you spoken to them at all no there did they speak to you at all about any concerns no okay no and the same ties to the right I would assume they didn't express any well they've got a house that's awfully close to a side yard so there is a there's a picket fence there too between the properties they might be a little disingenuous to say anything but that's okay yeah it's a very pretty property very nice property you've done a great job with it and uh seems to me to be a pretty Modest Proposal everybody likes a sun room my wife and I were just scouting out airbnbs for this winter and uh down in Florida and we had to find a Florida sun room or we weren't going we weren't going to rent that house that's key you know CU I I know where I like to play cards at night hopefully there'll be some poker players on the street see there's no poker well then I play with my wife cribbage I play cribbage all night long but that's fun she's a good girl wonderful wife by the way if she's listening she's the best I tell you anyway uh on to more important things isn't that's your petition I'll invite anybody in our audience who cares to speak in favor or against this petition come to the microphone as there's no one in the room you don't have anybody complaining about it okay so that's the good news sometimes we do get people that are very vocal in their complaints but this seems to be a pretty like I said earlier straightforward proposal and one that I certainly can understand why you'd want to have it done I can't imagine a another location because as I say that distribution box leading to the septic system I don't know what I should do so uh okay anybody else want to chime in with anything before somebody makes a motion well the only thing that I would point out is they're in an R40 zoning district and it's a very small lot to be in an R40 zoning District really it probably should be in an r25 but they decided to make this R4 um so that they're at a disadvantage there because they're on a little less than a quarter acre and when you have to meet 20 feet on the side setback it's very difficult now if they were in here on an r25 they'd only be looking for a couple of feet here so two and as a general rule we're pretty inclined to grant that relief so um but I think what they're asking for is a reasonable request anyway and they seem to be an adequate distance from the sideline setback and the neighbor that will be most affected appears to be unin a good distance away so an un interested they're not here to right right and it looks like it's going to be a nice enhancement to the house yeah oh great are you prepared to make a motion j j or John are gonna make did you want to make a motion I'll just make a motion to approve the special permit as requested without condition without conditions okay well isn't he nice huh he gets all the credit it now watch I'll second that Mr chairman and somebody else seconds to get their name on there quick too so uh we have to do it by roll call vote so let's uh without further ad Ado unless someone wants to say something get right to it hearing none Mr Manon hio I and Mr fre I and I'm an I so that carries for is that's unanimous thank you and well you're quite welcome but let me tell you how this now works okay I said it in the last one but let me say it to you please uh I have to draft a decision I'll try and get to it ASAP because I know you want to get going on your building uh once that decision is filed with the town clerk it then is considered uh issued after 10 days so they once it's filed 10 days what 20 I'm sorry 20 days what am I thinking of I've been way too long 20 days have to elapse uh and that's a technical period uh it could be that someone comes in and objects but it's unlikely in a case where nobody's here tonight and so once those 20 days elapse you bring the special permit to the bondable registry of deeds you record it and you return it to our uh our wonderful plan uh uh zoning board administrator okay any any question or what a delight meeting the two of you have wonderful night and a good summer Mr chairman we also have a variance there also request for variance you asked for two different forms of relief didn't you and so one was a special permit which we've now just granted okay but we can't leave this variance just floating out there so in these circumstances we always ask the petitioner to agree to uh allow that to be withdrawn but without prejudice meaning that if you ever want to bring up a a variance request again uh you wouldn't be prejudiced by the withdrawal of this one okay would that be agreeable to you all right and on a roll on a Voice vote uh Mr frea REM moves and Mr IO seconds and all those in favor please indicate by saying I I so that carries now our business is done you have a wonderful night okay thank you so good to see you good to meet you meeting you too now I want you to go say wonderful things about our board okay I'm only kidding uh do we have any minutes or anything that need two we have two sets of minutes move to approve the minutes of June 27th second I wasn't a participant so you three need to vote on it all those in favor I any post during none that passes unanimously I wasn't at the next one uh we only have we only have I don't think you can do a two vote can you but they it all says June 27th though it's just one and the 11th oh do I have the 11th too yeah oh okay that's right um see just you and me well looks like we're going to have a small roll call um John would you like to make a motion to approve the minutes uh yes I I'll second it okay all those in favor I I I'm okay that passes you need I'm not sure that vote's effective but that's okay the event not appeal yeah and with that uh I move to a Jour and is there a second to that second and all in favor please indicate by saying I I wonderful let's get off mic