##VIDEO ID:IEAkwNyWtfQ## good evening everyone oh can you hear me yeah good evening welcome to the regularly scheduled meeting of the yamoni board of appeals today's date is January 20 January 23rd 2025 we have five matters on our agenda tonight first one is petition 5149 40 excuse me that is Rosanna nicolus Trustee of the ponco realy trust uh dated July 25th 1995 property is located at 811e 28 South Yarmouth it's in a B2 zoning District an hmod D1 and a vc2 the applicant seeks a special permit per 414 D3 D3 and a 414 subsection 7.7 for a12 use and for relief from the armouth architectural and site design standards section 10 to allow the existing primary overhead electrical service to remain to the utility pole on the side then underground in order to develop eight one-bedroom apartments and exceed the parking maximum uh we have a Building Commissioner memo and we have good evening could you identify yourselves please my name is Paul tar from an attorney in yarmouthport see with me is U Christina megason evening Brian yug from BC as um so um good to see you in person by the way rather than on the screen so it's a little well yeah um so uh as you know this is a continued matter from October 24th um and uh if just so you recall the special permit that we're seeking is looking for relief for three items three items only on this project one is um parking is allowed uh to be one and a half per unit so that's maximum by the way that'd be a total of 12 we are offering 16 uh because we anticipate that probably some of these people will have two cars even for one-bedroom units um so we're looking for relief from that um as you indicated the the overhead electric lines um come onto the property to a pole and then what we're proposing is to uh bring that down uh underground at that point to service the property and then the third is uh for relief from uh buffers on the Westerly side of the property over here um where we have a shared driveway and easements uh in place and there'll be a gap in here so that um the owner of this property can park and also access an existing garage down here so those were the three things that we were looking for we also had at the last meeting some questions about whether or not the relief that we were seeking was the appropriate relief whether it should have been a variance or special permit um the first thing we did is we met met with um uh Mark grills and also with Kathy Williams and we talked that out went through the bylaw in detail Mark again uh Mr grills agreed that yeah this was indeed a special permit we had the appropriate relief um for the three things that we're seeking he has submitted a memo um um and so at least we got some traction on that that was good um I at the last me I didn't feel that that the parking request was going to be a a major ask for this board I think parking uh you know we always try to have enough parking maybe a few guests come over to visit is a place for them to go so I think that the 16 parking spaces is not a big ask the um the overhead electrical lines I want to address that quickly um if you recall this property is served um by uh a telephone pole that is about 36 ft away from Route 28 on our property the wires come from a pole on the north side of Route 28 so that's in front of the Y's living property um when the wires get to our pole and we'll call it our pole because it is on our lot that service is our property and it also serves some of the properties on the abing property to the east which is is the captain glad Cliffe um what we had proposed was leave that wire to our pole go underground from there for our service so that you wouldn't have to see it anymore I know there was some resistance about that we we did make some inquiries about that and try to find out what it would take to get that power underground completely onto our property um and I know talking about running it under 28 correct okay so it would be it wouldn't be trenched obviously it' be bored through um I know that um we talked to a site contractor and to relocate the electric and the telecommunication utilities under route 28 just for the um just trying to get this right just to in just to install the conduits is $60,000 that does not include just see what it does not include um it doesn't include um the actual utilities themselves it doesn't include the cost of running the underground utilities to the buildings uh we're looking at upwards of $100,000 cost if we don't use the pole that's there um we would like to comply it's just an odd situation that was created back when that poll was installed so uh we're asking for relief from that and and Mr Grill's memo does address that and says yes that is a special permit uh request um and then the last the last one the last issue has to do more with this shared driveway and I know that that was a lot of confusion about that last time and so I wanted to clarify that in a couple of ways first of all we did revise this plan a little bit to show you a little bit more uh specifically where that's going to come in so what we're doing is we're going to have one curb cut instead of an entire curb cut for our lot and separate curb cut for this property we're going to share one curb cut between two properties um it will come in here this is a Cape Cod burm that's going to come down for 90 ft you'll see these are three parking spaces um that are going to be utilized by the neighbor to the uh West for housing in this property there's also this driveway that's going to come down there's a garage in the back here and that's just for storage of cars and things like that um we need to do the shared driveway because we need the 24t Wide Travel lanes for both properties here um I know that there was some talk about Greening this up there's already vegetation here that we will leave and and I'm going to let I'm not going to speak for um the owner of that property Marie Karen is here I know she wants to at least address you I'm not going to speak for her but I my understanding is that the the trees that are here will remain uh we'll be responsible for Greening up uh this common boundary over here with trees or shrubs or arbores or whatever you want um and then on this side of the these parking spaces up to the curve I know that um we want to put some sort of sharberry there we can't go too high near the road because we want to have visibility but we would do that as well and so the only break would be right here and obviously this is the travel Lane so we really couldn't green that up as well so those are the three things that we are looking for um we hope that that clarifies a little bit I would ask if Marie Karen wants if you'd allow it if she can come and address uh the board is that possible sure yeah come up and talk to with Marie Marie she we have do we have a microphone over there Marie yeah we got to get you one this can I move this is this give he's really fast huh he's good he's good he's ready dead thank you my name is Marie Karen I own 807 which is the property that abuts Christina's um as he said it is a it is a easement that comes into the property there were some questions that I'd like to address from the previous Mee and I wasn't here but however one of the one of the comments that was brought up was well what if you come in and you're going to drive through and make it a driveth through to the other property okay I just want to show you there's no possible way I put up a fence it's a walking path only it's it's and I put that up purposely so and and my septic goes right in the middle here so nobody could drive over in the back anyway but I just want to show you that there thank you second address is what he was just talking about when you come to the end of the easement the easement ends and then it's all Woods here I will leave mine on my side she has to take some off on the other side in order to to put the driveway where the driveway has to go to the end for the tenants to come in so what's there but we will be 20 ft short going up to where the easement ends but I told her she can put that we can we'll work it we've worked everything together at this point we'll we'll do the trees together we'll come up to the end of the easement and so it's it has all the greens going down the side I know she has no place to put her her plantings and stuff because of the easement going in and one of the things that was brought up was well put it on my property so I I kind of took the picture of the corner where that he was was just showing you on that that plan there the end of the driveway comes up and it curves over as you go in I will make I will put those plant in so we'll have a up up to a three foot high green I'll make it kind of like arched around to go with the driveway up at the end so that'll act as somewhat of a buffer between the two properties so that would give her her buffer we'll put it there um so another another issue is brought up about the garage I can guarantee you there'll be no tow trucks in the garage there'll be no toading cars inside the garage um it is for the antique cars only storage antique cars only there's not going to be any work done over there I do have an employee that's moving in there that works he will take his tow truck he'll park it behind the building so you won't see it there we're not running the business out of the property we started long that was one of our concerns would be used more or less as in in addition to Silver Cloud there it it's not going to be I I mean I can't guarantee 100% come sometime when we're as busy as we are that I won't have enough like two weeks ago we had our Rotator which never comes out of the garage across the street but we couldn't get down the road because of the work they're doing that's sad on the property that never is over there nor would it be over there um if come summertime we have we're busy and and my compound's full and all the garages are full of Towing because there's an awful lot of people coming down for the summer and we we bring in a lot of cars we may put a truck over there but I guarantee you there'll be no toading cars no tow truck work over there no repairs over there there'll be none of that there um let's see what was some of the other questions and I a comment that was made that I I just would like to address when we're coming in there my drivers are experienced drivers okay so for a comment to be made about well you know what what if there was a three-year-old child and they got hit by a car by one of our big machineries okay we tow in people that are elderly new drivers that drive through buildings we we towing cars for other reason on small little cars my drivers are experienced we've never hit it anybody yet um and hopefully we never do um but you she that as far as as far as the comments about coming down 28 and US backing out onto 28 okay we don't back out until 28 when we we were already called on this 28's a state highway the only truck that has to back out on 28 with two people stopping traffic is the Rotator if we bring it over to fuel it up is just know the wheelbase is too long we cannot turn and make that turn come in from the property which I did open on 797 to 803 I open the fence so my trucks come in they U-turn out they don't they don't back in back out um the big truck will back out the the trailers will back out um I there's just some places that we can't we had such a heavy restriction put on 796 that I can't put the trucks out there because we have somebody at the end of the road that even when she sees the tow truck sitting there now we're a 24-hour business I'm not saying we work all 24 hours but we work up until midnight the truck will be out there marck gets a a picture all the time oh there's tow truck out front there's tow truck out front we try to really comply with what was put on for restrictions there I try to keep all my properties up nice I try to people comment all the time it doesn't look like a toe Yad when Christina came to me and said I have not not enough room to to do what I have to do there's been a lot of of of going back and forth we we I gave her some of the property out back took off some of the easement up front just to make her driveway fit for what she has to have so we've had a lot of give and take here on both of us I have no problem working with her I'll do all the all the plant and where there do whatever she needs we'll do the we're going to share the pavement of the driveway um I I I think it's a great project that she's going to do it's it's really going to look good over there and and I'm I'm comfortable with eight units being over there thank you okay thank you Marie anybody have any questions for Marie before she steps away anyone no Mr chairman do you need the photos uh that miss Karen presented did we have those photographs for the record could you just uh oh yeah hand them up here we'll stamp them as exhibits is there a new is this a new plot plan that we could get a copy of too or is that we can get this this was just put together today so it's the same plan that you had with the building yes the only thing is we've developed these three parking spaces here and that driveway okay that's just to show you and also there's a distance from the road to the parking spaces is 90 ft we just wanted to show that get that toor we can yep we're going to Mark these exhibits one two and three four is coming what's that four is coming four is coming oh that right there yeah you yeah that guess so in a paper version and just just to to close I mean I don't think there's anyone up there that says this is a bad project this is a good project um this is much needed by the town um this you know one-bedroom housing for for young families I think we all know we need them uh we've had how many people come before you looking for housing and you know hotels looking for housing employee every every type of housing this is a perfect opportunity um and I think the ask is quite small this is a little bit more ambitious I understand that and it's probably a little novel but again the VOD does contemplate a lot of shared driveways shared paths shared walkways um cut curb Cuts I mean we we're getting rid of a bunch of curb Cuts here and making one I think that's one less or two less off of Route 28 uh is a good project so I think we meet the criteria for the special permit we hope you see it that way as well okay uh we're going to go to the board for some questions barbar do you have any questions no I I think I'm just really concerned about um housing with with children there um and sharing a driveway with trucks coming in and out I'm just bothered by that well the trucks I think Marie just said you know the trucks aren't going to be coming in and out of here as part of this operation which is over here there's a a fence that is blocking this off now um and so we have resident residents in this building that's being transformed into uh residents and this is a garage there's no other way to get through and so um there one bedrooms too so I I don't not sure people's children will be yeah renting it out a lot less likely there's going to be children but even if there are um you know again I think that you know that the cooperation between the parties will will work that out um it's really not a Speedway that's for sure you don't have a long way to go also each one of these um units is going to have like a small backyard too so if there was a child or a dog there is going to be a small backyard for each each unit that you know they can have a table they make it homey you know have a little table back there or whatever so um to keep them obviously not on the side where everyone's parking yeah all right well that's that's my con my concern so okay John the first question is do you know how to fold this there an R2 don't worry about it just on we'll get that I don't have any other questions I'm satisfied with your three requests I think they're reasonable and seems like a solid project thank you thank you Jay C can you just describe a little bit more on what the plantings are going to be along the west side and how far on the map sure so you can already see there's some vegetation here and one of the pictures actually has some of the trees in the back of that property that are going to stay one right there that's that back corner that he had his so the back corner is not going to change a problem more the front I'm more from yeah from this road another there's another picture there but know it's basically basically some some shrubs that will be coming from from the corner here uh I don't know if there's any walkways here but we'll they'll be coming around the corner and and she wants to continue it all the way in the front on this property so so I can see the front being the 3ot ones but is it going to be 3ot all the way to those parking spaces is that the idea Pro yeah I think there either three-way I don't know if there'll be one one solid just the corner just the corner so people can see we can put whatever we want to try to get as much separation between them as possible so I don't know if it can go all the it would be nice if it go all the way at least to those parking spaces not all the way down ENT going on the enter in the side of the house could we have a break there Marie break in the in the so people can get in is that so people will be entering that that side of the house to get in is that what you're saying right there yeah so it gets really tight to have a walkway and everything else but I mean we could we could leave that for a walkway but then you know I think we could green up the rest correct bring that shrub all the way down if I the do be right in the CER of the side entrance of yeah I I think I can see that um how far is the how far is the doorway to the actual driveway the driveway is in the back right right no I think I think you mean from from here driveway that runs along the common driveway about halfway is about 45 ft 40 ft but I mean when you walk out the door how close are you right on the driveway or Oh you mean when you come out that side door she said 20 ft isn't it 20 can we can't we put some Greenery along that edge there of that driveway running here right here yeah from there back towards there we could maybe have a break for the door break in the in the and then continue you it again I see the house there it is right there I don't think you have 20 ft but I mean there's no numbers on that well I I think what we're trying to do is we're just trying to delineate between the two properties there although I do recognize that that property is actually residential as well right so that's not and and it's represented that the garage in the back is acting as a garage it's not part of the silvercloud operation understood right yeah the fact that it's not going to be continuously used with truck it's a huge difference yeah that was a major issue I think we're all concerned about with just the the residents that were going to be in the new the new apartments but I just wanted to see if there's a way to separate the two with some kind of greenery to make it as apparent as possible that they are separate that's what I was kind of looking at we can put as much as we can that's all I can ask I guess that so that was that was one question I had and I think the other one was to the to the west of of the adjoining property that's where the main that's where Marie's main business is is that correct that's not across the street it's it's that well there's there is the street too there is another one across but here is yeah so you have both the both sides yeah okay but the main businesses all operated out of the one on the other side of that fence right um all right I'm okay with that too um I I have I still have a problem with the pole um I know it's expensive we've been trying to get rid of those when possible so um but I'll I'll wait to hear what the rest of the board talks about in that regard okay dick yeah uh I'm not throw about the poll either but based on the cost and so forth I guess that's something I could live with uh I I appreciate the fact that we've gone down to eight units now I appreciate the fact that the east boundary and southernly boundaries are uh good size and properly planted I uh I do believe there's the need for the housing especially Workforce housing which is this most likely to be and uh so I think that's all good I know it's a vcd district and we're trying to uh promote Redevelopment here and this is uh not a a bad use of it I do still have some issues with um while I in one sense like the idea of common driveways you the couple other common driveways that I'm aware of in West jth um both have uh both have what would normally be required is a 10-ft buffer inside of the driveways in each case so in this case that would be on on this property and then on on Marie's property uh so but instead of getting two 10 foot uh side buffers we're getting zero now granted you're going to make some uh attempts at minimizing that with some some of the stuff kept kept in the back and maybe stuff around the front uh I'm only going to be comfortable if trees are planted I guess on Marie's property uh wherever they can be and those be maintained in the future as a as a so-called side buffer and uh so that's uh that was my that was my concern I mean otherwise I think it's it's it's fine it's a good proposal uh but here we are trying to get too much building on a too small lot as usual not that you're the first ones to do that well attack this problem um in single family housing is really difficult to attack anything we only got a half acre here it's you it's like uh I I can't open this huge plane in front of me the front front was going to be all buffered properly with trees and stuff too right up here yeah yes well I yeah we can right we have to and in between the parking spaces we have to do some you do have a v shade there be trees in between the parking spots we have a landscape plan I think you do because we included the um canopy coverage uh which is one of the requirements think it's the last page [Applause] there it is we've got a bunch of trees here I know you have a bunch of trees in the back this is well we've got it oh we got it so yeah do you have a deck yeah yeah and uh I it's pretty heavy trees in the back right drain big are those going to be maintained because this isn't showing them just didn't show any maintenance of the existing trees in that area just some reps big big trees back here oh I do see we be retained right planting plan uh the planting plan right planting plan yeah yes yeah so you can see the back of our lot three big trees right there yeah those are being planted the three big trees what happens with all the existing trees they're showing on the site on the site preparation plan all the trees that were saved they they're forming our our 41489 the the bcod landscape requirements we're using uh in part existing vegetation to comprise that and that's fine that's what I'd like to see because if you take a uh a mature oak tree tree that's large and healthy and replace it with a small tree that's going to die doesn't do much for me it got a little crowded on our planting plan so that's why I decided to show the trees that we're saving on the site preparation plan okay uh that's all I have [Music] all right so uh anything else you'd like to add Paul thank you any other questions from the board is there anyone in our audience wishes to speak in favor of this petition if so please come to the microphone seeing none if there's anybody who wishes to speak in opposition to this petition please come to the microphone seeing none okay we're going to close it to uh the public and have some board discussion about this so we've got three forms of relief Paul well it's I think it's technically one special permit for three items three items right okay let's uh I can tell they're all all right so you're looking for Rel for the overhead electrical service correct uh develop eight one-bedroom apartments parking and the parking now you're asking it says exceed the parking maximum we have too many you have too many spaces yeah one and a half is the max in this Zone which would be 12 and we're offering 16 I'm fine with that you know I say that you know I've been on this board for a long long time but I learned something new every day I didn't realize you could exceed the max the maximum so we we won't let you have more than that no uh with your permission we'd like to have the extra four please yeah isn't here why okay I'd missed that one all right okay so we got the parking we got the overhead and we've got the 10-ft buffer correct those are the three all right is anybody prepared to uh begin a discussion or make a motion I think I think uh I I support it the one thing that's bothering me the most is the pole um but I understand it's a very expensive option to get rid of so I mean I don't know what the Delta is I'm sure there's a cost of running running service anyway but sounds like the Delta is at least like $60,000 or so so um but I do think there might be a couple of conditions that we need to put in um so I think it' be worth talking about what those would be um and uh um certainly I think one of them is the green Greenery that we expect along that uh separation and what would be there but could you provide us with some type of a plan that lays that out a little bit in more detail when you get a chance coming around that corner but call Mar's property and the petitioner's property just so yes we have it for our record sure and and the greenery will be on the Caren property yeah on what I'm sorry The Greenery will be on the Caren property it will I think it has to be yeah and and we could have a condition also that the garage will not be used for uh how can we I don't know I can't you can't condition we only own this and that's no no no I understand that I just oh yeah let's just say that we we want to have some type of an understanding that it's not going to be used for towing purposes running could could we just say that the representation was made that it's for storage of antique Automobiles and that trucks are not going to be permanently stored in that garage I I I think the concern trck have is the commercial operation going in in and out of there that that was really Our concern I I I know the property I know them both personally I don't think that there's going to be a lot of activity with that particular piece of property they they operate next door that's where they generally out of uh I think this is more in line with storage and if they want to keep the antique cars yeah I mean if if one of the employees pulls in and he's got a truck that he drives for work or something if it's somebody just come coming in and out that I I won't speak for everybody but I don't really have a problem with that it's if all of a sudden you got an accident down the street and you're hauling wrecked cars in through there and storing them out there so we'll say there'll be no storage of towed cars there could we do that that agreeable is okay with yeah or permanent Machinery that well they own Machinery I don't want to but it's it's it's a permanent basis is what I'm getting at I think yeah um I don't know if we can do that on another property but I don't well we certainly want to they certainly have the right to access and use their property we just wanted we just we're just looking for a balance here so that the residents coexist with whatever activity and primarily it's residential next door because she's turning that into housing yeah which is good it's going to be people living over there and so there'll be cars that come in and out of there just as there will be with the cars that come in and out of the petitioner driveways yeah so we understand that we're just and we want to keep Marie's record of not you know no accidents with anybody condition so if so how uh H how would we uh you have a suggestion well I guess you know that's why I was saying we could say that there was a representation made by the ab butter that it will be used for residential purposes and a garage for storage of antique cars and that we're not going to be they're not going to be dropping off there won't be any commercial activity going on on the site I don't know what else you can you can't go much further further because well we can't how do you enforce it a violation of that would potentially trigger a violation of the petitioner's special permit except that how can we control what occurs over there when well it's got to it's really it it what it will require and and given Marie's reputation with this board and with the town I'm confident that this will happen is that she's the one who has to be do this in good faith and not cause her to violate the special permit I think that's I think that's going to work and we could also I mean I could add that you know any change in that use over here that that she's will have to come back I guess I mean we'll we'll have to come back or S sale thereof yeah I mean that's any change of of use from that I don't know how much further we can go I I you know I understand what I understand that it's going in this decision the only problem is you know it may not always be her it may not always be her right it almost and then you know I know it's not presented as that but given the fact that she has an interest in this should we hear this as a joint petition should she need to seek relief does she need to seek relief for that house I don't know I don't know either I don't know anything about it we might seeing that in front of us in the future anyway so let's which quite frankly would really just be the same as what we have here so if she needed relief for she may I don't know I can I say something I did talk to Mark and when we I went to him and said what can go here and when it was going to be converted to the house and the garage it was per only non okay it's it's a non-conforming lot so would I would imagine I don't know they're changing the building they're not changing the building that would be a determination by The Building Commissioner he after he looked at it well I can tell you that if if if there was going to be a commercial activity on this property I think the parking would have to increase from the three that you're seeing here I I don't know there'd be something there I don't know I I think that would probably trigger some things yeah yeah but at any rate I will include it why don't we cuz you are going to do a draft decision I I think at least from my perspective I'd like to see the language that the representation was made that it's going to be used to store primarily used to store antique cars that there will be uh residential activity in the building in the in the future um and that's the intention of the nextd door neighbor being Marie MH okay I could say that was represented at the hearing you could say that M okay and then if we can we talked about the landscape plan is everybody comfortable with that yeah MH sounds good dick you comfortable with that yeah okay and uh in terms of the uh the underground utility I mean I I agree I I think it's cross prohibitive here and I think it's a unique situation where it's tied in with the captain glad Cliff too and while I understand what the purpose and intent of the bylaw is um I mean that's why we sit here to allow certain deviations that are reasonable and that don't run contrary to what the purpose and intent of the bylaw is and I and I think that the town voters when they voted this in they probably didn't foresee that but I think had they and had they if they were aware of something like that they would agree that this is a reasonable request as well if the pole was at the road we'd bring it underground right from there no problem and it wouldn't be our poll right it would be in the roadway comes across so that's the hard part right it's Unique okay and then I think the uh and that's just a deviation from the design review for is that what it's a special permit yes correct it's in uh yes yeah it's in the in the design review comments page three y um all right well I'd be okay you want to go you have more I'd be willing to make a motion okay so your motion is to approve the special permit as requested as requested for parking electrical pole and the easement and all setback allow beyond the maximum amount for parking correct exceed the parking demand up up to six up to 16 16 up to 16 spaces right um when how many are allowed by how many 12 12 so okay so we're going to allow you to exceed it by four uh we will allow the overhead electrical to your pole but then it's going to run underground from there down and then underground okay and uh what's the third one I'm missing here it's the buffer buffer the 10 foot buffer yeah and then you'll Supply us with a updated landscape plan M relative to Marie's side so we have that for our yep all right so and uh how soon is this going to start this project tomorrow well we can't uh we can't for a little bit but uh we also get 20 days are all those trucks still on the property oh yeah we have to get the the the state has all their trucks on the property they's like parked them there so I have to find I I have just a solution for you I would call Silvera cloud and have them all towed [Laughter] out works well just a suggestion I don't in the family I like it have to be on the property though all right um okay is everybody all said on that language yeah uh and that the uh buffer plannings and Landscaping be uh added to the uh to the sell his property no um on the west wherever wherever feasible yes and and they're going to submit a plan later on to show us that one deck um and then finally I think uh one year after your certificate of occupancy we should have a review of this for compliance okay y everybody agree with that come back after we here I know okay so we have those conditions any further discussion hearing none all those in favor please signify by saying I we need a second oh excuse me we have a second to the motion second second motion made by J seconded by John hearing no further discussion all those in favor please signify by saying I I that carries unanimously one other house cleaning um I did request relief for multif family in the petition but it's not needed so with if we could just withdraw that without prejudice okay so it was just yeah all right so this motion carries unanimously request to withdraw any further relief requested so moved all those second all those in favor I I that carries unanimously thank you very much okay I'll look forward to a draft decision and uh thank you very much everybody thank you Marie for participating ran thank you thank you thank you very good luck thank you I was got to read this memorandum in jumbo no one would have understood it anyway read it's in the file it's in theile okay all right let me get my joh let me see if I can fold up the uh yeah all right the next matter on our agenda is petition 5155 Brendan and Rebecca dunan property location is 18 to 20 Wood Road 18 and 20 Wood Road uh South Yarmouth um the property is in an rs40 zoning district and the applicant seeks a variance from section 203.50 to create two non-conforming lots good evening good evening why tonight tell us a little bit about what you want to do here so everything you want to do here so we purchased this property last month and um with the understanding that it was currently zoned as a condominium uh with my neighbor Mr right here and uh we would just like to have that rezoned into a single family home uh you want to create two separate Lots correct yes correct yep okay so um I think they're looking for actually sat on this petition back in 18 and so what you did is you took a parcel that had two legally pre-existing non-conforming structures on it and you created a oh excuse me maybe he did it created a condominium form of ownership for the entire piece of property yes now what you want to do is you want to subdivide that property and create two houses on two lots is that correct correct okay all right um and remove the condominium I guess is that what would happen well the condominium form of ownership would go away yeah you two separate Deeds um well uh and you're seeking a variance for that um could you tell us how you meet the criteria for a variance uh I'm not really sure I understand this is all kind of new to me so well let me kind of move things along yeah um I don't think we can do this in order to create Lots you need to create a subdivision you need to take it before the planning board and get it endorsed in order for you to do that in the town you need a minimum of 40,000 square ft you have what 13,000 or uh yeah just yeah just under 14,000 minimum lot size is 40,000 so for a single family home well to create a lot mhm yeah what you're trying to do here is you're trying to create two Lots you know the single family homes are one thing what you're trying to do here though is create two lots mhm and in order for you to do that you need at least 40,000 square ft on each piece of property you only have if I'm not mistaken I'll open it but 13 yes just uh 13 857 on each piece of property uh let's see yeah 13 on 857 on mine and 13558 on maros property yeah um well over the years the town has increase the lot size requirements they did that for a number of reasons density protect the water supply and so when they did that we would be acting in contrast contrary to what the purpose and intent of the bylaw is is if we allowed that if you tried to go before the planning board they would not endorse your plan okay you are here asking for the right relief which is a variance but and I'll let others I'm only one of uh five you need four votes but I would not be able to support it because I just don't see that you meet the criteria for a variance MH okay understand what you want to do yeah I mean you can continue as condominium form of ownership you can still buy sell your condo separately yeah you just can't create two lots okay I mean I think other than having two separate pieces of property you have the ability to do what you want I mean subject to a homeowners association that you do you both each own one is that what it is yes correct yeah you own one condo you own the other no no we own oh you own a home Mr own own the other one I see okay before the both house is mine okay okay I one for Mr yeah Mr nisto who we B who we bought the house from yeah okay bought it from him yeah um nice no I know I know I mean many years ago we used to have 10,000 square ft requirements if that was the case you could probably just go before the planning board I think and get it endorsed and have a new subdivision yeah yeah I guess our our main concern is that we believe it'd be a hardship for us because we would have to pay into the master Insurance of the condominium for both of our properties on top of the homeowners insurance that we'd already be paying well that's that's an issue you when you buy into a condominium unfortunately mhm yeah does anybody yeah I have a question go ahead uh do you know when the two buildings were built 1971 yes ours was built in 1971 I think his is somewhere in the 60s like it was a few years older so they came under zoning at that point if they were early enough there was some kind of state statute that allows you to put two uh non-conforming structures on their own land even if it doesn't meet land area but apparently they're not old enough for that does anybody have an A an opinion other than my opinion anybody contrary I would I would I would concur with your opinion I'd agree well it doesn't appear that you have enough support to get approval of this you could we could take a vote M so I mean where how do we proceed from here just well if you want to preserve your rights on appeal we could take a vote and deny you MH and you could appeal it to the superior court or to the land Court okay or you could request that you be allowed to withdraw your petition without prejudice M we take no action and then you could step it back and think about what you want to do okay I mean I don't know the best course of action from this point maybe withdraw if we withdraw we can obviously come back and can come back again if you if you wish you may want to discuss this with the legal counsel okay or we can take a vote but that would St the clock on your appeals yeah well we'll we'll go ahead and withdraw and then okay and then come back so we have a request by the petitioner to withdraw their request for variance without prejudice is anybody prepared to make a motion I make a motion to withdraw without prejudice without prejudice we have a second to the motion second have a second any discussion on the motion hearing none all those in favor please signify by saying I I any opposed hearing none that's unanimous okay thank you very much thank you very much sh the next matter on our petition is petition 5156 darling a mios correct and misos property's located at 116 North Street South Yarmouth it's in an R4 zoning District the applicant seeks a special permit per 104.3 point5 and section 203.50 Andor variance from section 203.50 for side setback relief to swap portions of the property with the abutter at 118 North Main Street the applicant requests a waiver from the requirement for certified site SL plot plan less than two years old good evening attorney Tarter good evening um Mr chairman it might be best if we heard the next petition at the same time because this is a land swap case and so I file petitions for both lots and it's basically the same matter I don't know if you want me to address it if you want to read the the notice in was just going to bring that up to you because basically it's the same thing yeah it is so has everybody looked at this and understand what's going on here I thought they belong together lot Eight's going to get lot 8A lot n's going to get get lot 9A yeah 9B how did you put them up 9 a parts of uh 8 B will go and 9B swap 370 Square ft we are um why don't we just we're going to hear them together and we'll we'll issue uh rulings on each of them at the same time sure um these properties North Main Street just to orient yourself here um in the R40 zoning District um 116 North Main Street is improved with a single family um house right here um and that was built in about 1949 the property at 118 North Main Street over here has actually two dwellings on it um built in about 1960 um this uh proposal came about as a result of discovering that the house on 116 over here is actually built partially onto 11 18 um and it's been there since 1949 apparently um the the intentions for the an anr plan to be filed uh the area around the house that actually encroaches is 370 square feet so that's what we have a corresponding lot here um how this all came to be I don't know except that this gives us a little something former lot line here and then a hard lot line here so maybe there was some shifting how that all happened I don't know um and the reason I'm asking for uh relief from the 2-year rule is that this plan is dated 14 2014 I can tell you that in 2015 I brought this petition these two petitions and file them and before we got to hearing uh I was asked to withdraw them so um same two people same neighbors um 10 years later so here we are so you know we'll update this obviously but it's going to get to to the um to the planning Warfare and anr and then we'll do deed swaps and um under 10435 I think it it actually works I think we've done these swaps now and then in town I know one on janer road was one of the ones I did and um but basically we're not create any creating any new building Lots um it's just to um swap area so that we maintain our grandfathering uh with a special permit and um and go on our way so that's pretty much you creating any new non-conformities we're not creating any new non-conformity uh we're actually solving one where you have to build a house on your own lot that that helps yeah okay yep yeah that's but that does happen uh it's y I won't say it it it doesn't happen a lot but it does happen I've seen a number of occasions where and I can think of a couple that that have happened here I remember we had one over on Long Pond Drive I don't know if you were involved with that one I don't remember that one I remember an entire line in West Arma the whole line of houses I think it was five or six Houses Lake Road East yeah everything shifted and everything was off because we don't know what happened with the plan or if it was a survey or what it was but it was bad and that could cause trouble too oh yeah they want to buy something and finance it then there's a cloud on the title and then the banks don't want to finance them so this way we could clean it all up okay yep I'm I'm okay with the less than two years old is everybody else okay that it be updated later on yeah I'm fine okay all right okay uh anything else you'd like to uh say that's it okay thank you does anybody dick you have any questions for attorney Ty no questions it makes plenty of logical sense to do just what he's doing okay Jay that makes sense but I did have a couple questions the it says the former lot line I think it's the South Side um down this way yeah that was a former lot line and now it are you changing that no no that the the dark line is the current line okay the former line may have been from a an old deed or an old plan but for whatever reason this call so that's not changing at all that's not changing at all okay just here and here those two and that's that's in on both of them yep we'll do cross deeds and that yep so it's basically 116 and 118 are swapping and that's about that's it that's it okay I'm good John any questions no questions I don't have any questions I think it's pretty straightforward okay so um is there anyone in the audience that's here on this petition wishes to speak in favor anyone here that wishes to speak in opposition see see none okay um so what I think we ought to do here is we will proceed with uh we're going to take this one and the next one they're the same so we will so petition 5156 I need a motion to approve the special permit without conditions so made have a second any discussion hearing none all those in favor please signify by saying I I any oppos hearing none petition number 5157 same set of facts as represented I need a motion to Grant a special permit without conditions so moved second second any discussion on the motion hearing none all those in favor please signify by saying I I any opposed that carries unanimous got go to the variances uh you asked for variance relief on each of them are you requesting to withdraw your request for variance on petition 5156 yes please I didn't even realize I'd asked for it I'm sorry do we have a motion to moved a second yeah second any discussion hearing none all is in favor to allow the uh request to withdraw the petition for variance without prejudice I I I that carries unanimously petition number 5157 are you asking us to allow you to withdraw the request for variance yes please without prejudice correct we have a motion for that so moved second second all those in favor please say signify by saying I I any opposed hearing none that motion's allowed we're good thank you we'll look forward to a draft decision get that to you I don't have to tell you the 20-day appeal period period yeah you're quite well person now very good thank you very much thank you very much attorney tart okay let's see our next petition is petition number 5158 Judith sakoski property location at 147 Route 6A yarmouthport Mass it's in a B1 zoning District the applicant seeks to modify decision 1305 dated June 30th 1975 Andor a special permit per 104.3 point2 Andor a variance from 23.5 for S setback relief to construct a single family dwelling on the property good evening good evening could you identify yourself for the record please sir yes for the record my name is Andrew singer attorney in dennisport here on behalf of Judith sakasi with me in the first row is Gary Barbara who is the project designer um appreciate your time this evening um as I was looking at some of the materials this property was before you for a completely different type of proposal uh two three years ago and actually three of you on the board were there that night or for that process I saw your names there so this for you as well as the other two two members of the board um this is a uh proposal to build a single family house on an on a vacant piece of land uh right in the right in the Village Center um and it's very unique has a very unique history and I did give you a summary of reasoning um and I just want to go over that um both for you and for the test you know for the record as the testimony uh the lot itself contains 14435 ft of area and 50 5 ft of Frontage um as small as that as that is it's actually bigger than its neighbors um the representatives of the owner so I'm representing a prospective buyer of the land and so myself and at separate times the representatives of the owner we've met with the Building Commissioner um uh to discuss the property um and to decide to ask him you know what relief was needed as you read in the legal ad in January 1975 your predator cessors as the board of appeals granted relief to it was a variance relief petition 1305 to construct a twostory mixed use structure on this land with a shop on the first floor residence on the second floor and then there was going to be a like a little a connector piece and then there was going to be an um office space there were going to be nine parking spaces and um with that attached to office that was a minimum of nine parking spaces it was technically a use variant because the property then had just been rezoned from residential to commercial but it had in inadequate commercial Frontage it was okay as a residential lot but it wasn't okay as a commercial lot back in 75 so it needed relief that came for and the board granted it um I did give you copies of the 75 decision and the plan so that you could see you know what was what back then because that's important for why we're here tonight um the the buildings obviously weren't constructed at that time but what's very key here is that the variance was granted in January of 1975 section 4A zoning bylaw was completely Rewritten in the middle of 1975 um at at the state level and that's when the current 4A that we have that you work with every day uh came into effect petitions that were approved before that law became effective in a town didn't contain a lapse provision they never exped fired that was actually one of the changes they made in the 1975 uh zoning act so and I gave you I referenced a couple court cases and um bossk's book on um variances or on zoning talking about the fact that under old chapter 48 um variance relief the oneyear lapse provision that we're all used to today just didn't exist and they can continue on indefinitely unless there are are um two things unless the local bylaw had something different different at that time or there were substantially changed circumstances in this case the town of Yarmouth didn't adopt the new zoning bylaw until 1978 so from 1975 to 1978 Yarmouth was still operating under the old the old bylaw which again didn't have a lapse provision and the variance decision that the board granted in 1305 did not itself contain a deadline it was just a we're granting you the relief and this is why and there have not been a material changes circumstances it's still everything is still what was there and so when we met with the Building Commissioner well I didn't I'm sorry when the attorney for the representative um did or for the owner uh did Mark wrote a letter on November 2nd 2022 stating that decision 1305 is still in effect any deviation from the original decision from the four conditions will require a modification to the relief granted or additional relief So what had happened in 1975 the the because this was going to be a mixed use property the four conditions and I gave you the old decision as well it talked about the residents being owner occupied the shop being owner occupied the office being used for professional purposes only and other than what was approved you had to meet all the setback requirements Etc as I just got and so I had a call with Mark and I said okay my client the person who would like to buy it actually doesn't want to build the approved plan they can anybody could but they don't want to they actually want to do something small less intense so cuz she only wants to build a smaller house just a house only with a residential driveway she get rid of all the nine the big parking lot behind the building and she'd like to uh so again do less on the site than what's there and because it's different than what was approved Mark said you're going to the board so here we are this evening with a request for the board and so he and I were talking and there were three three potential Avenues of relief for the board to look at you could straight up amend section 1305 decision 1305 I guess you could Grant a new variance it's the same criteria you know no matter which way it's done um or potentially a special permit for and he also determined this in his letter that the lot has not merged so a special permit which has the front and rear setbacks would be fine it's the side setbacks that don't comply and you physically can't comply you can't have um uh you know the the think it's 25 FTS required today and you you obviously can't do that on a 55 foot lot unless you had a 5 foot house down the middle um and I know micro houses are big but if we were to Grant you a special permit under what section will we Grant you the special permit I applied under 10432 um 32 yeah it was just 10432 I did might be thank you I I guess what's what what changed I I'm I'm thinking Mr chairman that I mean I think the variance maybe you know the more uh you was 10432 I think the variance might amending the variance I think actually is the better way to go maybe because that's the decision that's currently valid it's active on the site and if you're trying to do something different and I think that's what Mark was saying in sending us here I think that um amending the variants might be the way to go but I but he we he and I discussed the special permit for a lot that was too narrow um and the reason I also asked so back in 1975 the side setbacks for H were only six feet so the plan that was approved by the 1975 board of appeals was going to have setbacks of 10 ft on the west and 19 ft on the East what the applicant would like to do is sort of more C Center the house it's gotten smaller and center the house in the lot so she's proposing setbacks of 16.9 ft on the west and 15 feet on the East so it's instead of being smaller and wider she's proposing more even so I asked Mark well said you know back then you could have six- foot setbacks for for a residence um and is you know does that apply and he said no because he felt because the board of appeals in 1975 had approved the other plan you know there was an approval on the lot and so it wasn't a situation where you had just a vacant lot coming to you for the first time ever where you could do the six to to quote him exactly he said you got one shot at the one bite at the Apple and and he felt that that the the then owner in 1975 took that bite and so he said look now you got you need relief for those setbacks even though you're greater than 6 feet you're not 25 so I don't hopefully that answers your question on that particular aspect of it um Mr chairman so I from a you know this variance relief as well I do you know I'm better than I do you know hardship based on soil condition shape or Topography of the land or structures not detrimental to the public good and not derating from the intent of the bylaw and we now in this case um the board in 1975 uh found that there was the hardship and I just want to cite from that decision because frankly it's the same argument I'm making to you today for the hardship part which is the board said quote the property is unique and is it is unlikely that there is another like it in any business Zone in the town but for insufficient Frontage petitioners could of right operate a business there and they can at any time build a single family residence again then they could because of the setbacks the lot to the east has only 33 and a half fet of Frontage and a third is a third of the area the lot to the West has approximately 55 ft of Frontage and less area than Locust it is doubtful if any lot on the south side of Route 6A in the immediate area would meet present Frontage requirements but all these other lots have been built upon end quote so it's now jumping back to me it's my argument to you in position to you that under these circumstances as the board then found uh we do have the unique shape and topographical history of the land that does justify a variance or a hardship in this case such that literal enforcement basically means as I understand it from talking to the Building Commissioner you could build the more intense project but not what's being proposed so that is the hardship portion of the request we're making to you as far as being able to be granted without substantial detriment to the public good and without derogation for the intent and purpose of the bylaw I would submit that the proposed house will be smaller and less High than approved it'll be uh eliminate by eliminating the nine car parking lot and having a perious residential driveway as shown on the new plan that we submitted much more the site is going to remain in its natural wooded condition there will be the septic in the back so there'll be some clearing for the leech field but um there'll just be uh more of the trees can can stay on the lot as I noted before I think that the centering of the house on the lot is actually better than than what was approved before uh because it'll have more of a setback to each side or the buildings on either side front and rear setbacks are conform well conforming there will be no commercial use on the property and I think in this for this particular lot there is a mix of houses and businesses in the in the in the Village Center I think here not having commercial use on this property is actually a good thing um you know having just as a house I think is better and as such the those four conditions that Mark talked about or they're in the decision they're just irrelevant because they're all commercial related building coverage is going to be only 5.2% 25% is allowed so well conforming site coverage is 15.3% whereas 70% is allowed so again this is going to be much more conforming and Building height 19 1/2 ft is much less than the 35 ft that's allowed we were before Old Kings Highway a couple weeks ago and they uh unanimous unanimously approved The Proposal with the one change that on the elevations I gave you they wanted these three Windows change to two you they just wanted two double hung Windows centered on there and they wanted this change to be a square and lowered they want four 8 over8 or something like that they wanted two four over fours four yeah this is three four instead of three four over fours they wanted two four over fours and to make this round window a square and and then they approved it with that as in their decision so it's it's the house itself is the same you know as what as the plans that we submitted to you um are you looking for yeah what you had for PL land there yeah yeah yeah yeah those yeah yeah yes yes separate 11 and a half yeah 11 by 17 set way in the back you can look at this how many bedrooms is this I can um it's just two double check I couldn't really this is a one-story house what's the staircase for to go down go down Stell basement the base yeah just yeah so it's a it's uh one so we got a bedroom here and a bedroom yep so it's two yeah just it's a two-bedroom house with uh two baths well it's it's one and a half so it's two bedroom one and a half bath one story house with the stairs to the basement yeah okay one one bedroom in the back and one in the front is that what correct yes so it's going to be vertical to the street so you got one in the back one in the front two bathrooms correct well one and a half CU one doesn't have a bath one thing couple things I wanted to point out I know there are some neighbors in the room and we spoke with some of them um at at or at the historic and I'm sure they'd like to speak tonight um there is a stone wall that runs across the property historic want to make sure they want to know what was happening with that so the stone wall except where the driveway is is going to remain and the rocks that are where the driveway is going are actually going to be preserved and they're going to make a return so they're going to use the so the rocks are going to stay or fix up you know other parts of the wall so the wall is staying just be cut where the driveway is and then you'll have that return um also it came up um at historic there is a large tree out front that has apparently been uh damaged uh or suffered some sort of harm and uh there was also um neighbor to the west uh there is a large tree on his property near his garage and it's leaning apparently and the root system and and I hope I don't speak I think that was you um he said the roots are going onto the property we're here before and they will be in the area of where the prvious driveway part of it might be so what we the representation we made at historic and I'm making to you tonight is that um the owner the buyer if she buys um is going to work with an arborist to address those two things both points which is to look at that tree out front I don't I had don't know what it is but they did raise it was damage so going to look at that to see what can be done about that and the American elm on the abutters property they're going to look at that to to make sure that that tree is not harmed when they're putting in the driveway and the driveway will be pervious um and made a representation Mr Barber will probably be the clerk of the works and um I don't know if you guys have exchanged numbers yet but I know they talked about it so that we'd like to meet with um I'm sorry I can't remember your name um yes Ste David Mr David we meet with Mr David um you know to make sure as they go through the process to try to to take a look at that so that is a part of the presentation as well um we believe that this house again is a one-story house which historic has approved will be in keeping and compatible with the neighborhood um as far as construction vehicles we also had this conversation um the owners so two doors over is the Ino restaurant and the back of this property actually butts up to the back of the inaho parking lot there's no connections there but it does physically touch and there was concern expressed by the owners of that that property that in the past people doing work have um improperly parked on their lot uh without permission or without anything and and and we made a representation again and I put it in my summary to you that all construction vehicles will either be parked on this property and not off site unless it has prior permission of of whomever uh so we there will not be any improper parking on offsite particularly uh the restaurant property um there's going to be no negative impact to uh Town water supply don't believe there'll be any noise litter or odor and we believe this will actually you know the all the utilities will service the site um and believe this will be a nice compatible comparable fit into the Village Center and with that if you have questions for either of us uh we'd be happy to answer them and we appreciate your time okay thank you um dick do you have any questions no I have no questions I don't see any problem in in there being a house there instead of a mixed use and so forth actually I wish it was a little bigger house um uh but I guess it's cute and it fits and it's uh I don't see any reason why that shouldn't be allowed okay Jay um more more qu I agree I think it fits and it's a good good use in this location because of the limited space and the narrowness but I guess my question is more explain to me how we would modify what would we do exactly to modify the old one as far as wording goes versus give you a new variance or a word a commercial component wouldn't we would it just be that I think we'd have to do more than that I think let me pull out the decision um and maybe for that reason the new variance is better I you know maybe because what we'd have to do is in effect we'd be amending it to rewrite it right we'd have to say we're withdrawing the old approved plan substituting this new plan changing the use from X to Y right and changing the and removing those conditions putting any new ones you might put in that are relevant and yeah I mean I mean it'd be nice to have a variance in place but would this one then go away it supersedes this one or would that we could do that if we do a new variance we could actually write the decision to replace the old variants we could say petition I forget what number we are that's what I'd like to see I would think if we're going to write a new variance that we should reference that one okay petition X rep replace replaces 1305 in its entirety yeah yeah when I was looking at I I would prefer a new variance that's what I was get guess I was getting at mostly but as far as the The Proposal I think it's it's less uses less um of an impact than the old one was it's in place much rather see this be a residence than a than a commercial facility with all the packing that is there right now it's very congested anyway so um and as far as the setbacks are concerned I think it's reasonable to have a variance given the shape of the lot so in my mind it's a it's a reasonable request John what do you thought that was the only question I had how would we proceed you know with the Varan or special permit or whatever but other than that I have no problem with the project itself I me the Lots up there are just this is a small lot all crazy so um that's you know that's where I'm at Barbara what are your thought yeah no no I'm fine with it I was always I live in yarmouthport I was always wondering why nothing was on that lot um no that have no questions okay well it was the subject of a uh prior petition mhm that was going to be uh business a business that was going to go with the building that's next door the one that's right next to inaho when they had a proposal to intensify this property yeah uh that was not well received uh I think the biggest concern the board had at the time was how well we thought the business would do with a new General Store that it would be similar to the one that's invisible Village and that that section of yarmouthport just couldn't handle that type of traffic um it was a nice proposal it was intensive on the lot but I think if you look at what's the highest and best use of this property I think given its size its location you know you want to limit traffic as best you can there um I think this is the highest in best use I think it'll look fine there uh the property to the I guess it would be the West um I don't know if it says Valerie Grant I don't know if she still owns it but I that may have been the that's Mr David's property okay I I remember I did speak with a woman uh when the other petition was before us before she was very nice lady uh but at any rate she lived right there somewhere um but I I I certainly think this is uh a reasonable proposal I I again I think it's the highest and best use of the property I don't think it's suitable to really maintain a business there [Music] anymore um so I I'm certainly in favor of it I I think the way to go is to probably write a new variance for this uh reference the old one and as we talked about it I'd agree and replace and correct of course I'd like to see language in there that extinguishes the rights that the prior variant had as far as a commercial activity there'll be no commercial activity on the property yep um but other than that I'm fine um I guess we have have some people here that may want to uh be heard is there anyone here that wishes to speak in favor of this petition please come to the microphone is anybody who's here wishes to speak in opposition to this please come to the microphone hi I'm Greg bazikian I own Lighthouse Keepers Pantry 169 the neighboring building uh just pick gifts I live in yport as well um my concern is the the commercial property that's abing this is going to be I don't even know how many square feet it is 5,000 square fet uh the building I can't tell if it has any septic or not if this transaction does transpire what's going to what's the future of that piece of property and there's no parking for that property there's no infrastructure for it uh so I mean it's all great for someone to build a home I think it's not the problem but in five or six years the what's going to happen with that small parcel and the commercial use of it there's no it becomes sort of dead well we did have this before us um and I think it was the one I think John Kenny was the one that proposed it I just wasn't the other night joh was John it was John Kenny and I was on that uh petition originally I sat on it um and the board they came in and they wanted to turn that piece of property into a parking lot and then they wanted to build out back a cheese shop with a residence above it so I mean it was a nice idea and they were going to take this uh older building that sits out next to inaho and really make it look nice and it was going to be a nice little General Store fit beautifully in there over there in yarmouthport but the major concern was there wasn't going to be adequate parking to service all of this and we were worried about traffic backup and everything we were just concerned that they were going to do too well over there delivery trucks too yeah and everything like that so um they eventually withdrew it but to answer your question um without suitable parking for that particular existing building and I don't know if they I don't think they share that they don't share that with Ino no no it's no they don't uh because we also asked them at the time would Ino allow them to use any of that property um they showed they showed connection Ino was not willing to do that um so that was a concern what can you do with that property well it's not before us obviously but I think whatever you're going to do with it it's going to be very difficult that's my that's my make concern living in the neighborhood it may eventually go the way of maybe a new house like this one here given the size of the lot you might put I mean can you put can you even get a septic system on that lot well the one that they're putting here is whale back that's another question yeah um but the short answer is uh I don't I don't really know but I I I take your point yeah thank you anyone else good evening hey uh my name is Jason Bell I'm at 152 Route 6A so across the street I guess this is more of a trying to clarify I understand there's going to wind up being a property there what I'm I guess I'm worried about and being in an old home surrounded by close Old homes is fire uh and the kquid fire you know obviously drove that point home so my question would be is there a reason why and I understand if you don't have to you may decline to but why the house and the septic couldn't have been flipped so that even if the lot in the house is the same that the distances between structures would would potentially be different because I I just worry about you know Flames bouncing from house to house yeah I might be able to answer that when uh down Cape engineering did the other review of the property give your name again huh give your name again oh Gary Barber and the uh property according to them the property in the front where we want to build the home is not susceptible to a septic system the only good soil on the property is in the back and actually this owner wanted to put the septic system in front of the house and because the the soil there is not proper cuz she didn't want to cut any of the trees in the back right right so and what we're doing I believe is we're putting in Chambers instead of an actual leech field okay okay yeah I see it's small area out back there I figured that's where your good soil was out there right okay that's the reason the septic is way back there sir that's the reason why it's going to have to be where it is thank you anyone else wish to be heard hi I'm Stephen David I'm in uh 143 which is the ab butter to the west and I just wanted to sort of go on record uh reiterating that my concern for the American elm it's an old growth beautiful old growth American elm right on our property but it's right up against the property line and the root system does go sort of across the surface of the uh the next property from what I can see from the plans that's where the driveway is going to come by and go behind the house and I'm just concerned about um affecting the the the stability of the tree by if they're digging into the root system so I just wanted because it's well they may not have to you you're going to hire an aberus for that one yep yeah for both reasons yes along there's a problem with one of the front Trees Too it got damaged so we said we would hire an arborist to do that and I also told the abutter that once what we're going to do is we're GNA ribbon all of the trees that we're going to keep okay and I would be more than happy to walk the property with him once we've done that okay well where the driveway goes I would imagine that you'd build up on top of that right so you'd be protecting the roots right yeah it's it's also a perious driveway so it's not going to stop the water from getting to the RO that'll filtrate down through so that'll provide water for the tree you certainly don't want to go too high on building it up either no no no I mean I I don't know why no we certainly want to look as you said where if the root system in places is above ground just we'll have to have the surveyor look at it as well obviously on the ground with the arborist so everyone can take a look at it and we can give you the arborist decision so that you'll have it for your record okay one more question sure the tree at the front uh that is right next to our driveway um a big chunk of it came down in one of the more recent storms Ms um they said they were going to get an arborist to look at it because it looks like it might be rotted or dying it could be dead yeah it might have to be REM is that the tree that I we were talking about yeah on the right and I'm just wondering if there's a plan if it does have to come down is there a plan to put up another tree something that's going it wouldn't be anywhere near as big as that right but I'm sure that uh the owner would be willing because she would likes trees and I'm sure she would be willing to put something behind the Stonewall return we're going to do there I'm sure we would put something it it won't be huge but okay I was just curious thank you okay thank you it does show a tree right there right now on the plan yeah I think that's the tree right right by the driveway that's the tree we're talking about and yeah there's uh 24 in Oak it say this yeah must aut damaged quite a lot of nice trees along 6A over there mhm okay um anything else uh you'd like to add no thank you appreciate your time okay so um any other questions for the petitioner no no okay all right so uh I believe that the request you need is a variance new variance best way to goes for a new variance y um I think you've established the criteria for a variance I think uh it certainly would I think the hardship is certainly owing to topography as well as shape here um and I think that obviously I don't think we're derogating from the purpose intent of the BW for granting you a variance here and as I said before I think the highest and best use of this property is to become residential and not commercial because it just it it can't support a commercial um aspect to it and I think one of these days we'll see the other guy next door which again is a beautiful little old building I love it um and maybe we're going to have to figure out what if anything we can do with him too so but he's not here today um but those are my thoughts does anyone else have anything to add hearing none do I have a motion to uh approve the petition for variance relief moved second second second any discussion any further discussion I would I would support it I think that it makes sense for a variance I think it fits the criteria um I think it's the best use of the lot and um just support it okay all right all those in favor please signify by saying I I any opposed hearing none I'll have a draft decision from you attorney singer yes I will do it that and uh would would you like to request to withdraw the uh additional relief that you've asked for I think you got like three so much of the petition that requested to amend 1305 and for a special permit we request to withdraw those without pre Prejudice so moved okay so you're withdrawing the request to amend the previous petition correct you're withdrawing your request for special permit correct those are the only two things right yeah third correct because the third was granting the new variants which will replace and I'll put that right in decision will replace were the first two were requests for variance relief one was an amendment for variance right okay okay um so moved have a second for that second all those in favor please say I I I can opposed hearing none thank you very much a draft decision from you we'll get that to you thank you thank you very much everybody we have no minutes um I think so that's it that's it good make a motion to adjourn second all those in favor I I'm sorry that didn't pass with the requisite number of votes still in session stay yeah we're uh we're a joury