you get away at all bar recording in progress sometimes I go to Florida family down there but I'll set Mr chairman okay good evening how's everybody doing tonight very good can everybody hear
me yes okay we all ready to go yes Mr chairman okay great good evening everyone welcome to the regularly scheduled meeting of the Yama zoning board of appeals today's date is February 27th 2025 my name is Shan AO I'm the chairman
of the board and we have five matters on our petition tonight uh the first peti excuse me on our agenda tonight the first petition is 5160 winfer Ortiz doing businesses winfer M
Ortiz home daycare are they present they're coming up Mr chairman okay very good properties Lo located at 34 Hoover Road West Jou Mass it's in an R40 zoning District as well as the APD in zone 2
the applicant seeks a special permit per 202 section 202.5 use table p7 uh a use to allow a family daycare for up to six
children good evening hello I'm going to translate okay okay could you identify yourself for the record please Jennifer okay and who are you with wi okay all right
and let me ask you um do you own this property here yes yes you do okay very good all right um all right well why don't you tell us a little bit about what you want to do if you could speak closer to the
microphone [Music] please she wants to have her own business um and she likes kids and she said um that's um good um to have her own business at at her house and work
from her house with her um her kids she have two kids okay so you want to run a daycare at your house correct M yes yes okay and she wants to have up to six
children yes how many children do you have right now she's she's not working right now oh she's not okay all right do you have any clients lined up that want to bring their children to you right
now yes okay do you know how old the ages of the children are that uh people want to come over and use your services one have five years old two two [Music]
years and the other nine month month okay okay all right do you have any children of your own yes you do how many those two sorry two yes all right
so on the total of six would that include your children as well so you'd have four plus your two one of them there's one in as schol oh okay okay all right when I'm going to do is I'm going to go to the board and see if
they have any questions um Barbara do you have any questions for the petitioner um yeah so go back over the numbers again there you have four children that are interested in in coming into into this
home daycare yes and one of your children is still at home with you yes and the other one's in school and what grade is that one in um kindergarten kindergarten okay so is is that one in a full day
kindergarten okay yes um and how many adults live in the home two okay and where are the beds for these kids set up what do you mean the cribs where do these kids sleep during the day take naps um
they have mats yeah it's like like a bed but they going to she's going to locate her at the living room yeah even the 9month [Music] oldk okay okay okay um that's all for
right now okay thank you okay Mr n I don't have anything at the moment Mr chairman thank you okay Jay I don't have anything either thank you Mr Martin uh so this is what I always used
to call split Cape apparently you come in and you're in one level you up a half a flight and you got bedrooms down half a flight and you have this area here right yeah okay it's good space that gives you some pretty good room actually and the the backyard is very private and
nice and it's a quiet area and uh I uh uh I don't think I'm going to have any issues with it unless some neighbors do okay all right I got a couple more questions first question is what are your hours of
operation 7 A.M to 5 p.m. 7 a to 5 PM 5 okay and uh what days of the week Monday through Friday Monday through Friday we have a total of six
children um yours plus a total of [Music] five now I noticed the backyard that's set up for the kids to go outside in the nicer weather is that correct cuz fenced
in I'm sorry is the backyard fenced in a part one part not completely children go into the backyard will they be able to get out of the backyard I'm sorry if the children were to go outside and go into
the backyard would they be able to get out of the backyard in other words are they fenced in no okay they're not fenced in no okay is there a partial area the picture
seems to show up I'm sorry the picture seems to show up the playground oh yeah is that the area you're plan on using outside they can play in there and on the other area
too okay um all right but on your side there's no fenced in area is that what I'm understanding yes okay so you'd be comfortable with the Restriction that there' be the children
not allowed to go outside yes okay if she she put def fense can she came back and you approve it yep okay sure if you had a
if you were fenced in right now looks like the Sean the the whole back back of the yard is fenced in it's just uh looks like the side yards aren't completely fenced that's the at least in the picture yeah did I see the pictures it looks like it's fence but they're
representing that it's not so I mean they come back I the way they when you go um to the front that part of of the house is not fence in is okay yeah it just that but the other part they're all F so the side yards go all the way the
fence goes all the way to the back from the side yards is that correct uhhuh okay so all you'd have to do is close off that front Okay does the state regulate that the fenc in area
outside does the state license um look at fencing and in the rear yard they approved the the I know it's approved I see the license but do they consider the outside area as being safe if it's not fenced mhm because it's
a quiet um neighbor that was it only takes one speeding car though that's okay I'm looking at the licensed sck and uh it says first floor playroom second floor washroom that's what they
have it listed so I think they're presuming that this is indoor I don't know that they do anything with the outdoor um but my own personal feeling on that is there's a way for the kids to get out of the yard I I wouldn't be in favor of
that I think if if they suggested if they came back at a later date maybe on the one-ear review and it is fenced in so it's safe for the kids to play outside I don't think I'd have a problem with that I don't know how the rest of the board
feels any other questions from the board none no um is there anyone in the audience that wishes to speak in favor of this petition please come to the microphone no one Mr chairman okay is there anyone that wishes to speak in opposition to this petition please come
to the microphone no one Mr chairman okay all right is there um ladies is there anything else that you'd like to add at this time no
okay um all right so we're going to close it to public comment and go to the board for discussion anyone prepared to begin a discussion or to make a motion go ahead dick I don't think anybody has anybody
else has any more questions so I guess I would uh make a motion to approve petition 5160 as uh as printed in the uh notice on the agenda there on the agenda
yeah uh would you uh as with your motion would you allow conditions um hours of operation 7 to 5 a.m. Monday through Friday all right to 5 PM I think Mr chairman 5m right subject to what they
represented which would be 7 to 5 p.m uh Monday through Friday for more than six children total number of children five uh plus their own so a total of five others besides their own or her own yeah I think they limited to six no matter
what Yeah well yeah but we they don't yeah yeah I don't know if they include their own children in that in the license but um and at this point the children are not allowed to be out in the backyard or outside unless they're within a fenced in
area okay happy to add that second Mr chairman did you want anything in there about a one-year review yes uh thank you Dolores yes and could we put a one-year review on this is that agreeable to the board
yeah that's to okay all right we're going to do that all right um so we have a motion to approve the petition with those
conditions um is anybody prepared to second the motion I seconded it Sean oh you did okay thank you Jack all right any further discussion on the motion hearing none all those in favor please signify by saying I I any opposed
hearing none that carries unanimously ladies once the decision is drafted and clocked with the town clerk there's a 20-day appeal period that must elapse once that passes uh you can come see
Dolores and get your special permit then you have to take it over to the Bible registry of deeds and record it and then bring a copy back for our records okay you have any further questions
no okay well good luck thank you okay right our next petition is petition 5035 five Jennifer Estes Martinez 28 meor Brook Road in West Yarmouth it's in an R40 zoning district
and we are here on a one-year review per condition number three of decision 5083 dated February 22nd 2024 allowing a family daycare for up to six children the petitioner is here Mr Sean
just just to clarify Sean you mentioned it's petition it's decision 5 decision excuse me decision 5083 I yes see that all right very good thank you very much Jay could you identify yourself for the
record please Jennifer Estus okay and how are you tonight good how are you okay you're here for a one-year review how's everything going okay good all right any any problems
no all right and U still everything the same you have up to six children yes right okay well I'm just looking through our file to see if we have anything I have a memo
here uh police call history from uh uh officer Gia Marco and it says here a check of our system shows the last response to the property was September 2023 there have been no responses for
the dates you requested so I hope this helps best Nicholas G Marco police officer G with Police Department um just look at something child almost to H your child is almost
two okay um I take it whatever that response was that it wasn't uh anything too serious I think we would have had the call log on that um I'm going to go to the board for questions
uh Mr Martin do you have questions for the petitioner uh no I don't believe I do okay okay Jay just uh just a quick one I know when we did this last year there were two
letters that were kind of objecting to it but you haven't had any problems with the neighbors they were fine everything's worked well no complaints that's only one question thank Youk you okay all right Barbara um I know when you were here
before I think you talked about um your mother and your brother living with you is that still the case okay all right no that's all I had are there other people living there too just my mom and my brother and my two daughters
and you and you what my two daughters two daughters okay don't want to forget them um would there be reason for concern that there were six cars in the driveway when I was by there the other day in the middle of the day or is that yeah
there's um my brother have two car and I have two car too and my mom my mom's car okay that's five um I just I just you know I don't think the kids drive to school so I didn't think it was them but
um I had some concern about that and and whether it's causing any issues in the neighborhood but there didn't seem to be any complaints about that so I'm not going to bring it up there's a red card and on the backyard is a friend's car is it doesn't
work so there's one that doesn't work yeah okay you're only allowed one that doesn't work no really in the bylaw you can only have one un un thank you yeah okay thank you
okay anyone else all right uh is is there anyone in the audience that wishes to speak on this matter if so please come to the microphone no one Mr chairman no one okay I'm going to uh close the hearing
to the public um is there anyone on the board uh that has any concerns or wishes to make a motion that they're in compliance with their oneyear review um I'd be happy to make a motion they're in
compliance uh the only only issues that came up last time that I remember were a couple of neighbors that were concerned but there's no register of any complaints or any problems so I'd be happy to make a motion to uh approve the one year review and let it go with that
okay is there a second to that motion I'll second all right any discussion on it hearing none all those in favor please signify by saying I hi hi hi n opposed okay well thank you very much for coming in glad everything is working
out and uh wish you the best going forward thank you all right thank you have a nice day thank you right the next matter on our agenda is petition 5162 Bass River realy LLC doing business
is Bass River Sports World the property Loc located at 934 Route 28 South yarm B2 hmod D1 and bc3 Zoning District the applicant seeks a special permit for
104.3 point2 subp paragraph 4 Andor section 202.5 or n11 use Andor to amend the prior relief in order to replace the baseball batting and soccer cages with a kitty go track C Storage build building
and bumper contract good evening good evening good evening Mr chairman would you identify your SP with the record Pleasers sure um I'm Paul tardi I'm attorney in yarmouthport I'm Jeff nicolello third generation of Bor of a Sports World
gentlemen good evening and behind me is my son JJ he's fourth generation all right nice to have you all here um attorney tardiff would you like to proceed sure um so this property as you indicated is in several districts
B2 hm o1 Village Center 3 um the the entire campus which includes a lot of other properties is about 9.9 Acres um of Upland uh it backs up right to the Swan Lake in the back uh the the property's improved with various
different structures buildings houses uh businesses um but on the on the bash River Sports World project property mostly it's batting cages soccer cages there's an arcade a clubhouse um there's several permitted Recreation uses including a driving
range we all know uh the manager golf course with the big skull out front um and I obviously those cages um there's also a skate park and and existing go-kart track there um and they're all um classified under Section 2025 in the
n11 use which is other miscellaneous amus mement and Recreation services um the petitioner now seeks to eliminate the batting cages and the soccer cages at the property I don't know if youve ever been there but you know what batting cages do they fire the
balls at the kids and you try to hit them and the soccer cage is same thing the the ball is projected out toward you and then you kick it and it's all enclosed with um Nets and and uh and fencing and keeps everything in there
um and you have the plans actually that show exactly where those are at this point um they're already paved they're already um uh they're all located on the easterly side of the property um the applicant proposes to install a new kitty gokart track and a new storage
building and new bumper car track in the same space where those um batting cages are and the socer cages there's just been a change in the uh changing the the the the needs of of their clients um some which is
interesting but uh we're gonna we're going to try to just change out those two uses um the the facilities um are not going to change the physical dimensions uh they not going to change the setbacks it's purely just a change
of use um the board uh in 2008 this board uh did uh issue decision 4162 that allowed electric go-karts U to be uh used in the skate park that's behind the arcade building
and actually extends just to the east of the driving range uh like that decision these go-karts are also going to be electric so the the noise is not even going to be noted in fact it's going to be a little further up toward uh the front of that
garcade building which would block any noise going anywhere else the um there will be some additional lighting but there is a pole there currently for the batting cages that have some lights there's just going to be attached uh some lights there to increase the light but again pointing straight down not out
toward uh the street or to the rear property or to the side properties um there's also on the new Maintenance building there will be a couple of Lights there as well so that uh the employees can get the the pit area um taken care of when people are loading in and out of the carts and also
to bring the carts in uh in the evening and to charge them the um the new barn is going to be 30X 45 ft will have five garage doors I think I've submitted plans to that effect but basically it it's just large garage doors that are
going to open till get those cars in at night to protect them charge them and um secure them um the the property obviously will have power in order to charge those cars and heat but uh no bathroom facilities and there's not going to be any type of
office or anything like that so that building is going to be 104 ft away from the easly boundary uh the track itself will be uh in the area currently housing the baseball cages in fact the the fence that surrounds the batting cages is not even going to be changing from its present
location so that's all staying the same um the pitching machines and the soccer machines that actually shoot the ball uh whether it's a baseball or soccer ball will be removed so we are actually just swapping out some of that uh coverage for um uh the building the bumper car
track will be on the current location of the socer cage was is a little further uh North it's going to be about 40 ft away from the side boundary no closer than anything else that's there now also surrounded by chain link fencing and uh that will not be covered either um but
those um those bumper cars I think we planning on having about six bumper cars there is that the plan at this point yeah about six bumper cars and then the go-karts were probably having six uh single seat and maybe two double seats the reason we need that is that the
current configuration or the current use requirements for the the go-karts in existence get this right here there are six single seat go-karts and six double seat Co go-karts in the back currently uh a driver has to be 12 years old uh
and at least 56 in tall to drive a single go-kart and a driver must be 16 years old to drive a double Go-Kart with a passenger at least 36 in so these are going to be a little smaller uh and accommodate a little smaller people so so that they can actually do that as well so that's the that's what the
public is calling for that's what we're trying to provide for them so on the 104 324 which I think is where this Falls uh this board can issue a special permit if you determine that what we're asking for is not going to be substantially more uh
non-conforming and not substantially more detrimental to the neighborhood zoning District or town um and as you can see from the application U the property has been the subject of multiple forms of relief uh over the time I mean I think there's a a I think you've been given all of those decisions
those are the ones we could find and there might be a few others um Bass River Sports World is a fixture in the town we all know uh it's been here for as long as most of us have been around and mostly in the summer months um so this is just going to allow
uh another amenity for people our tourist industry to bring your kids here at night uh when the beach is closed and you can have more things to do with even younger kids and again it goes with the family entertainment that the Nickels have provided uh at this location for
years there there is a large vegetated buffer between the Stop and Shop plaza and this property if you've taking a look you see it's it's thick in the summer you can barely even see through it you can't even see the buildings on the other side so that will also act as
a buffer for any light or noise coming through there as well um I don't think it's substantially more detrimental um we hope that you would agree if you have any questions uh we're happy to answer those for you thank you thank you very much uh Mr n do you have any questions
for the have a couple has the the era of the batting cages and the soccer cages just come across and they're not being used much or what one of the things over the years that's that's part of it
um and the demographics of the people coming down the C have changed over the years also there's younger families MH people aren't staying out as late you know so it's it's it's a combination of of that were they ever
utilized by um the local sporting teams from Dy or the schools in the past we have over the years and I've had the rental programs for the for the schools at a really cheap rate over the years so they were used but it's really fallen off over the years it has it has yes
interesting um and the how how big is the the large goet gokart track is that the large gokart track is 100 ft wide y by 200 fet long
okay so that's pretty good no about 250 ft CU then I have but that whole slab is 300 feet long okay for the for the uh for the inline skating Rank and and skate park we originally had and then we conver converted it yeah and and the the
the kitty gokart what what age bracket are you looking at I'm looking to shoot from 7 to 11 years old okay and I'm going to set them probably about eight 8 n miles an hour um my carts now existing I have set
at 16 mil an hour so that's why we have the 12 and older I presume the manufacturers of these cars uh takes in safety precautions for the younger kids is not being experienced and are helmets
required and both they are not required they are not okay uh helmets on the on the state for the state law is anything over 24 miles hour requires helmets suit it takes they require them for bicycles I guess I don't I'm not sure I
haven't ridden a bike in a while I'm not sure the I think they require them for bicy yeah but they they are not required for the for the Gokarts okay and you bu seat belted in with a full harness okay yes okay on that on and the bumper cars are
they are they really going to be hitting each other straight on or what I don't understand that it's it's the Spin Zone is that for the smaller kids too or is that for all there's there's a it can go from it's a height
requirement of I think 42 in or so so here can may I come up and give you the picture of this these are the Spin Zone bumper cars they only do like a mile and a half mile an hour when you I don't know if you have bumper cars for a while but they're not a very
fast mov like a go they used to be I I remember they're not like they it's it's a lot more cushion not like the old bumper car style TR to knock someone out yeah so it it they've come a long ways and those are built in the those are the
only ones built in the USA now is that right yes like the old style ones are overseas now there's there's no manufactur all electric rechargeable like the other yes okay and my Gokarts are going to be the same go carts as I'm
running now they that a slower speed and they have more of an adjustment on the seat for the smaller kids to go to to move up to the pedals okay and with your experience in the larger go-karts is it because the younger sibling is feeling left out that you feel this is feeling a
need I yes as far as the fames coming through the door um I have a a large age bracket of the seven to 11 year olds that are very upset they can't drive a gokart and do anything and they are
passenger so that's why we came up with the with the smaller track with the a less speed industrywide is that there's there's Kitty cot yeah industrywide there's usually on on gokart tracks is
two to three tracks per facility of then they split it up like that where they have the younger kids the intermediate and then they usually have a slick track or some type of thing for the older people you know at a FAS speed your
experience with the other track has been several years now uh I think we're going into what 16th 2008 and what's your safety record there do you have any any constant had a I've had a couple of of bumps and incidents y um I've only had
to call the stay in on one y that uh that any damage to the cotton it actually just broke the front bumper so I I called the state in on that but I haven't had any good any incidents well it's as far as injuries and ambulance has taken people away there's been zero
that's what I was kind of getting at but I'm glad you there's been there's been zero incident sir okay well I I think the family certainly has a good reputation in the town since the 1950s when you're 1961 yes so and I'm happy to
have the fourth generation and uh my fifth generation could have make it tonight or bread time 7 o' so I have I have two let's hope the second generation is helping you take care of it's coming over thank God the second generation is still around for his knowledge that's good that's good well
thank you uh Mr chairman do you need to take the picture that I was given of the go carts yes we dos bumper cars we we'll keep that as an exhibit and I have pictures of my existing carts and they are the same carts that I'm going to be using so I
don't know if you want that's fine no that the one that you gave us is fine that's for the bumper cards not the Gokarts but okay that's all I have Mr chairman thank you okay Barra do you have questions for the petitioner um yeah I'm sure you did a business plan with this so you're replacing the
batting cages and the soccer cage with go-kart and bumper so what do you anticipate an increase in revenue of that or is it just a wash um well I always hope to increase Revenue certainly increases expenses it's going to increase yeah it's going
to you know it's going to be an investment obviously to reinvest uh but that's the how business goes uh do I hope to increase Revenue absolutely okay all right um go back where are the lights again
okay well the existing lights for the baseball are on on the monop pole and they fa they face straight down okay okay I have an I have a overview picture if you'd like to see I can show you yeah I probably would yeah just so
let me [Applause] uhet yeah let see if I got a closeup here show that one that's F so this's the existing baseball and if you see this big monop the back there's two down lights going there on this
there and then existing for the soccer cages where are they the soccer cages are right here there's four there's five lights there shining back this way can you hear them what's going to happen yes I can okay yeah we're going to have down lighting for the the bumper cars are
going to be right in this area here so there's going to be down lighting for that I already have lights coming off the arcade and then there's going to be lights off the new building like I have on the side of my existing goart pit area now okay so I assume there there
are lights in your parking lot yes there all lights here there's there's lights on the other side there's a big down light right here see that one in a big electric build yeah yeah doesn't get any small no it
does not so this building we're putting here that we're proposing is going to be the pit area like this building where you come in the cars charge we unseat we seat what's the life the lifespan of a charge is it an hour or two or what uh
no I have charging pads in the ground they automatically start charging when the car comes into the pit so I do a 3 and 1 half minute ride it's a 5 minute charge time so I go I'm using the same car so it's going to be the same with that the
bumper cars you just plug in at night really they run for 8 to 10 hours depending on the use wow I do not have a charge time on how long they take to charge but I would assume it would be overnight on those because they're not set up with a
I don't think they're set up with fast charges like my go-karts interesting and the noise level they're electric so you get no noise out of it except there's more noise from the kids having fun and yeah and the cars themselves
hope so okay um okay that's that those are my questions thank you okay Jay do you have some questions for the petitioner just a couple just to clarify so when I look at the baseball baseball part now um it's
kind of looks like a slope track yes some extent and that's all asphalt now or is that's all concrete concrete and they're just going to so they'll be just going around that oval uh yeah I'm going to be taking out that concrete and uh the track is going to be more of a smaller kidney shape looking like my
bigger track but just a little shorter okay so they will come over into that Soca cage a little bit okay so I can so I have enough room to come back into my building for the entrance of the building and the exit of the pit area Okay so it when I look at the um
the site plan is that is that oval going to change is that what you mean you're going to extend a little bit when you look at all the chain link around the parking lot asphalt yep so can you see my gate at the end of the grass area on the Stop and Shop side yeah okay so that
all that gate staying the chain link from that point all the way around the asphalt all the way to the corner of the roof on the on the Pua side of the existing baseball roof yeah and then
we're going to go new chain link from there to the new building okay so that that that shape that existing chain link is is staying so we're staying within the same footprint of the baseball you are but
you said you were going to extend a little bit um into the soccer area so I'm just trying to understand that part the track track the like the concrete's all it's all concrete from both baseball the soccer it's kind of all tied together so that that's all kind of one
big footprint now yeah we're just taking all that out and it's going to be new concrete for the track area okay I'm not using the existing concrete for the baseball that's all going to be taken out and it's going B the batting areas you're going to that's just going to shrink down to this area that you're
talking about for changing cars right that whole roof from the baseball will disappear and then we'll just just have a building right where the badage boxes are basically and are the bumper cars covered or is that is that area covered or is it open they will not be covered
from the get-go um i' I'd probably like to see a pavilion type cover on it eventually yeah um I don't know if that's through the board for that decision or if that's just the building department decision um leave that up to the building department is saying yeah
but uh so and last question was um the small building in the parking lot that's what's going to that's where you're going to keep the cars is that the idea no the the building with building that you have the plans for is going to be my new pit area for that track and the storage for the
carts that's new building right what's this over here that's an ATM machine the ATM has nothing to do that's way out front I can't even see it in the picture oh yeah the photo mat right dick I got it years ago when I first one that
um okay so they're going that's that's going to be a building where you store just where you where you where you change cars but also where you store everything yes correct okay all right that's all I have thank you good Mr Martin any questions for the i'
certainly like to commend the Nick andells for the long-term family business here that they've run run so well um however one thing I'm a little disappointed that with some pretty substantial changes here in terms of
changing this to uh goat and bumper cars and so forth and so on that we don't have a a full plan of the entire site as to uh what's what there there's no landscape plan there's no lighting plan
is there any additional signage uh intended or uh just just going to be on my front sign I'll add an oval where my baseball was no I'm not even going I will just that oval will be bumper cars I already have
go-karts so it's just going to be an oval that's replacing baseball softball to bumper cars so there won't be any added signs itself it will be added to the existing sign changing the words just changing
the words from baseball softball to bumper cars I already have Gokarts up there for my existing uh as far as the lighting plan um I already have lights there I'm just doing I'm just adding a couple of down lights for
the and replacing what the what the lights are I mean it would would have been good to show that on this plan at least you okay so uh Landscaping I know I've always had a little issue on this property with that
we have beautiful landscape it is when you drive by it's kind of self-explanatory there it's what when when you when you drive by or you come in it's everything's landscaped and beautified y the skull looks good yeah thank you you like the air
[Laughter] Ruffs and and Dick there is a it's just you know I'm been try I mean usually when we have an opportunity to do some upgrading to landscaping and buffer planting especially in front um when
there's some pretty the Hefty changes made that's something we often look at doing or having hopefully done and I think there's only one little tree out front and one little tree in the parking lot I mean normally if this was coming a new and granted it's not a new and
that's a big difference uh but as you can see it's a huge parking area with very very little Greenery and I think it might be nice of the petitioner to be willing to you know add add a few trees in the parking lot lot and a few trees at least along the
front um yes is a good buffer on the uh uh Stop and Shop plaza area but that's all their plannings and uh and I uh you it's adequate that's a commercial Pro property as well um I'm sure they don't
really care that much so I'm I'm comfortable with that but I I would ask the petitioner to to add a little Greenery here and there it's only going to help how yours looks right now it's kind of sterile um I have more than one tree out front Mr Martin uh quite a few there's
quite a few trees going up front there's one in front of papagos there's one in front of papaginos there's one on the next Island there's one in front of the bank if you go by the road if you go right along 28 there's one right in front of my
miniature golf course and the palm trees and I there's quite a few along the front of 28 sir okay well we're we're looking now at it and I see only one to be three maybe one in front
of papaginos one in front papaginos and two others in those other Islands apparently yeah there's no leaves on them you're looking at the winter pictures that's why it's hard to see all the leaves are gone it may be it may be I mean if those
islands each have at least you know a tree each each one's got a tree sir in the front then I can be comfortable okay all right and and the rest of the property when you pull in there's there's manicured flower beds there's there's plenty of
Shrubbery uh when you go out back I have uh I have another 10 acres of trees you got a lot back there no doubt yes so I I think there's plenty of trees on the property yeah but again it's a a question of trying to clean up 28 making it look better making it look greener
kind of a green canopy at least I do a pretty good job of making it look Greener when you drive by in the summertime I'm probably one of the better looking properties on 28 I I the there's certainly some and it's it's better than many yeah I agree
uh but one tree for 100 car parking lot I don't think it's enough personally well if you look at the use for our parking lot in the offseason two is the pitches you're looking at there are quite a few uses for our parking lot that
we uh set up for the St Patty's Day Parade we do the winter carnival so the open space between the St Patty's Day Parade between our parking lot and the church parking lot it gets pretty full in capacity just doing some other
activities to help the community out in the off seon I understand that and I appreciate that yeah all right well that's my two cents worth it'll probably be only worth a penny to most people
so okay um I don't think I have any questions carival I think we've covered everything yes is there anything else that you would like to add uh Jeff or attorney tartter I'm I'm all said thank you I'm
all said Thank you m okay is there anyone in the audience that wishes speak in favor of this petition please come to the microphone no one Mr chairman if there's anyone in opposition to this petition please come to the
microphone no one Mr chairman okay all right uh we're going to I don't have any correspondence in the file I don't see any uh we will close it now for the public comment and we will go to board discussion is anyone prepared
to begin a discussion or to make a motion um I'll make a motion to approve the petition 5162 um as presented I don't think it's going to have a a major impact on anything that would be a hazard a
nuisance the neighborhood or a change with its change um I do appreciate the what they do for the uh for the town especially the winter carnival so I had to work the skating rink last year anyway so um thanks for your help we do
appreciate what you do so I I think it's a reasonable request um does dick want to have anything about trees well I'm I'm asking how nice that would be to see if you go in in the spring
um they're not there I ain't gonna say nothing all right i'' like to see maybe a I just what I'll add is we'd like to make an effort if there's a way to put a tree or two in the parking lot area that would be great but the the only condition that
I would ask you considering the motion is the as far as the lighting is concerned that it's just contained within the site yes I I agree lighting I'm sure I'm sure they're going to do that anyway but I think you should just put that in the motion okay so added
okay is there a second to the motion a second okay any further discussion hearing none I I would say that the nicolello family does have a long history with the town we're all familiar with that they do a very good job over there they're very good at
self- policing their property and they run a first class operation I don't think anybody would disagree with that I think they do meet the criteria into the bylaw I don't think it's going to be substantially non-conforming nor a detriment in any way and I think it's
great that they're willing to invest the money to keep the the property relevant and and attractive and desirable for the visitors that are here that's that's very true that's very true and uh again it is a uh it's something that is in
high demand uh for the tourist population and we're very very grateful to have them um hearing no other discussion all those in favor please signify by saying I I I I I any opposed
hearing none that carries unanimous uh attorney tarup can I expect to see a draft decision from you you can all right well thank you very much gentlemen wish you the best thank you very much thank you great season did you mention all Orchard Beach
bumper CR pardon me did you say all Orchard Beach bumper CR yes I got hurt on those I know where heads crash together okay if we're ready for the next petition next petition is petition
5153 this is a continued matter January 9th 2025 author en Luke and Carlton Luke Trustees of 511 Main Street trust property location at 511 Route 28 in West Jou Mast it's in a B2 zoning
district and the applicant seeks a variance from section 303.5 for side setback relief and a variance from section 303.5 subsection 8 place a 200 foot ice vending machine greater than 6 feet from the principal
building the app the applicant requests a waiver from the requirement for a certified site plot plan less than two years old good evening good evening um for the record my name is Andrew singer attorney
in Dennis Port with me at the table is Arthur Luke the applicant Dave mnich project engineer is in the first row and David Hawk the landscape architect is online um this is a continued matter but it's also a new matter in that we
amended the applica when we were last before you some request for consideration of some changes so we made some changes which I'll go through but we also read vertis so um I I believe Mr chairman that that all five members who are here tonight um are able to sit and
vote on this because it was retis okay uh what we wanted to I'm going to back up a little bit because for those of you who were not here for the first
iteration Mr Luke is preparing to upgrade the parking lot to use Mr Martin's terms the existing lot is rather sterile and so part of a otherwise permitted upgrade
which will allow which is going to um restripe to provide conforming Siz parking spaces all the parking spaces now are unders sized and to add a lot of landscaping and things we he had proposed to have this detached ice machine he has three ice machines on the front of the building
now and he'd like to remove two of them of them and and set up this Standalone ice machine on the first iteration when we were before you that ice machine was going to be 301 feet from Route 28 so it was closer to the front of of of the lot
we saw it a little bit as a screening vehicle at that point you know because it would be a structure to be closer to the street um but there was some concern about not only its position that close to the street but also when you come in off the existing curb cut the original
plan was to V out the the access so You' come in and there' be a circulation pattern and there was some concern about that might be be um not ideal so that has been removed and on the plan that you have now you know you have an island here but you'll still come in and
circulate around parking area um and the ice machine has now been moved back to be 87 ft from Route 28 so it is considerably more than twice um as far back as it was before so it's much closer to the building but it's more than 6 feet from
the building and there is that quirk in the zoning byw that we discovered with Mr grills which led to this whole thing that ice machines have to be within six feet of a building and I'll discuss the variants why we need the variance and because there's a reason structurally
why we can't put this machine six feet within six feet of the building um which I will discuss and we added the second relief so the because when we the ice machine originally was going to be 31 ft from the road but 25 ft from the side setback
which would be conforming in order to make leave the parking area to be functional uh for both customers and Public Safety the ice machine had to be as shown on this plan which is 16 feet from the line so it requires relief into
that side setback that side setback is the open setback that you have now between the shopping plaza to the East and the site so there's nothing there now although and we're proposing some significant Landscaping but we're requesting to place the ice machine as
shown in the plan which requires the two qu the two forms of relief which is why we read advertised um and we believe respectfully that the variance criteria here are met and it is specifically having to do with the land Andor
structures and in this case you have a lot that has two frontages with as I termed it in my summary of reasoning a sea of asphalt in front and the building and the building is the key here because when you look at the building on the west side of the building closest to Springer there's the
driveway there that leads you down to the back of the building for deliveries and the in the side and back of the building on the other side on the east side you see the hatched out area um that's on the plan which is right here that hatched out area is actually doubling in size right now it's half
that size because there's parking in there but that hatched area is the fire safety Lane to the back of the shopping plaza next door you you know for the plaza when you look at that Plaza and you've got the this the building that has the ice cream there's no way to get
behind the building from that side so the way the fire safety does and I think trash as well um they come through the Luke's property cross over through that hatched area and access the side of the Luke building and the rear of the uh
shopping plaza to the to the East and so we can't put the ice machine there because if you if you stuck it there 6 feet you'd be blocking the emergency access so you can't put the machine within six feet of the building without blocking the public the the fire safety and and delivery and Trash Services on
both sides of the building so when you look at the positioning of the structure on the land and you look at the configuration the long configuration of the of the lot with the two frontages the curb Cuts we believe that that meets and satisfies the hardship
requirement of 40a section 10 in the armouth zoning bylaw that is something that is unique to the uh soil condition shape or Topography of the land and or structures and in this case it's partially the land and mostly the structures and the other two criteria of
the variant that it's not going to be substantially detrimental to the public good nor substantially derogate from the intent and purpose of the bylaw we would submit submit um will not be harmed here either you are going to have a much better parking area there will be fewer parking spaces but still well more than
the number that's required and these spaces are all going to now be conforming to meet current sized Vehicles the spaces there now are all undersized um as I noted we're also going to be improving the access to that fire safety Lane to the east to the to
the rear of the other property right now there's a parking two parking spaces that are in it so it's going to be getting bigger as well so that there'll be a much more dedicated access for Public Safety in the trash trucks to get back there there is going to be significant new
Landscaping both enhanced and brand new so along Springer and Route 28 you're going to have deepened buffer zones new plantings uh you're going to have the island when you're coming in off of Route 28 now
with plantings and along that easterly line which is basically just a gravel buffer strip now between the two properties uh with curb stops that keep the cars from going in and out they're proposing Mr Hawk is proposing um significant new Landscaping to to Really dress that area up and improve the
Aesthetics of of the entire site and I think it's going to be um much more attractive building coverage is non-conforming in the lot it's going to go up slightly because of the ice machine counts but the site coverage which is also non-conforming on the site is going to go down a bit so there is
going going to be a little bit more open space and much more Landscaping on the site um I believe uh those are the main uh reasons for for the relief and the justification for the variance um relief
for this we'd be happy to answer any questions and again Mr Hawk if you have was online um not sure if he is there anymore but if you have questions we're happy to try and answer them we appreciate your time and actually when I was sitting with Mr Luke in the back
earlier and we were looking at the plan um and Mr iGo I think it was you who um suggested you know what about moving it back he he he turned to me looked at the plan and said you know I think it looks better here so we we think this is actually a more attractive better
situation both functionally and operationally for the business but also aesthetically thank you very much okay thank you uh Mr Martin do you have questions for the petitioner no I don't think I have any questions I appreciate uh what the
petitioner has done relevant to the uh traffic flow and the plantings and moving the ice machine back to what I would agree is a better spot and uh no I think it's
a uh a uh just a a little something wated and then we're getting quite a bit for it so I'm pleased okay very good uh Jay I agree with dick I'm glad glad to see it go back a little bit um I think
that the planting looks good the way the circulation should work work well it looks like the area that they have for access the back is a little bigger than it was before so hopefully that will not cause any problems um but no I I think it's a is a it's a better plan and i' i'
uh I'd be supportive of it okay Barbara you have any questions um I I appreciate the landscape plan that fills in a lot of blanks for me um so no I don't have any questions all right thank you Mr n
any questions or comments um yeah these photographs are from the previous correct yeah the photographs we didn't change it'd be the same machine but it'll now just be okay in the back and and I presume that machine needs water so there's a underground water supply
going to that to bring underwater service to yeah absolutely yeah it's it's on the site plan okay um no I think it's going to look good and I I think if it as long you know as long as the thing isn't
painted crazy colors or something I I I think it needs to blend in rather than stick out and that would be just my you know because this that's what happened when I looked at this and I know your your company color is green but to have the bright blue I you know why I just
ice is associated with blue I guess not ice blue not green or yeah I know I know but we can keep it toned down for sure yeah I think I think just from a it's going to look pretty classy with all this Nice Landscaping you don't want to mess it up I don't think just comment
that's all Mr chairman thank you uh I thank you I I don't have any uh questions as well I do have a comment I I think the petitioners done a great job moving it back to where the new location is I I do agree with Council um I do
think they meet the criteria for a variance I think the hardship is owing really to uh the land and the building as well okay given the fact of the fire lanes that they can't do anything they can't move it within the six feet and it's not feasible to bring it in off
Springer Lane to get it closer to the building this is really probably the best site uh to put it uh also I want to commend that for the landscape plan and the the flow of the traffic uh I think
that's going to look very very nice um and they've done a good job there over the years I mean the luks have a long history with this town they've always done a a very good job they're very well respected and we're very happy to have them in town and we want them to be
successful and we obviously want to help them with this the last plan just didn't seem like it fit right where it was they've gone out of their away and come back with a new plan now that I I think makes a very good sense and I think it's
going to fit well in there so I do think they have met the criteria under the bylaw as far as the variance is concerned um I think it's going to be a benefit to the town and I plan on supporting it as well um is there anyone in the audience that wishes to speak in
favor of this petition if so please come to the microphone no one none none is there anyone that wishes to speak in opposition to this petition please come to the microphone there none okay
um is there anything else uh attorney singer or Mr Luke that you would like to add not at this time thank you I just have I'm Sor I just have one question Mr chairman uh those five parking spaces that have been um handicap spots or
three of them have anyway cuz one of is one that that I use when I go there usually um is is that restricted parking for Access for the trucks to get through or is that do they come early in the morning anyway it's random I would I
would uh well those are being removed yeah th those th right those two I don't know that that one is really conforming um yeah it probably isn't Mr mcage could speak to that better but um I think honestly two of them weren't really um you know well established handicap
spots no I know I know and and I one out in front I don't think I especially that that's one of the two that that kind of cled up the passage of other cars too if it was taken so um but they're not going to be restricted to certain hours or
parking or anything just regular parking right yeah they have full access now yep sometimes they had to wait sometimes if I have something along the building I have to wait for cars to get out so now it's going to be you know 247 you know access the only thing I'd
add Mr chairman I appreciate you kind of steering it this way because honestly I think it's much more aesthetically placed there we probably just didn't think we could make this approach through the variant that we were trying to and I would think you want to get them closer to the front door so they might want to come in
too potentially yeah plus my people won't have to make 13,000 bags of ice anymore yeah every every summer where they can stop after they've come out of the store ah that would be that would be better yeah another okay is everybody
all said are we prepared to take a vote I'd be glad to make a motion make a motion do we have a motion uh yeah I'll make a motion to approve the the variance for side setback relief as well as the variance for the ice machine
being more than six feet I guess it is from the building I don't believe it has any undue nuisance or Hazard and uh it is I do see it as an issue with the fire lane especially um and um the problem that that would cause as far as uh um
being able to try to come up with an alternative so that's my motion second okay we have a second to the motion second okay so we have a motion made uh to approve the petition as requested
with no condition um we're allowing the variance for the setback 6 feet and uh greater than six feet from the yeah side set back side set back of
15 feet 16 16 feet is it couldn't read that um and and what is the second form of relief Council greater than six feet from the building for the ice machine I believe then what's the second one so the okay so greater than 6 feet is the first one and 16t easterly side setback
yes okay all right that's the SEC the second and we will wave the requirement for the uh site plot plan less than two years old is that correct yes yes okay forgot that part all right we're going
to bundle these into one motion any discussion uh do I have a second on the motion second second okay any discussion on the uh motion hearing none all those in favor please signify by saying I I any
opposed hearing none that carries unanimously attorney singer I Will Wait a draft decision from you yes I will send in one thank you very much all right thank you very much gentlemen best very much have a good night appreciate it
trees yeah without asking I know doesn't do well when I ask I just say all right the last matter on our agenda tonight is petition 5164 Mark G Haley and Julie B Haley
Trustees of the Haley family living trust the property location at two andrina Road West gouth and it's in an r25 zoning District the applicant seeks a special permit for 10 4.3.2 subparagraph 2 Andor a variance
from section 203.50 for front setback relief to raise and replace a pre-existing non-conforming dwelling uh Mr chairman there's a Mr Haley on the zoom and a Mr Kelly in the
room okay yeah my name is Chris Kelly uh and um I did see that you were going to be speaking on his behalf and he's going to be zooming in if necessary yes okay that's fine go ahead and tell us about your project hey the the project uh that
the Haley have before you is to they're going to be planning on tearing down the existing structure on that piece of property and rebuilding it and I think they gave you a little print
out showing the houses that exist now and what the house will look like proposed to replace it yes we do we have plans we have the picture of the existing home we have
plans of the new home we have site plan of the land uh paired by uh here in Healey of uh BSC group it shows the location of the proposed property proposed new house
okay is there anything else you'd like to tell us at this done no I think uh what the paperwork that you have and what they're proposing is uh pretty clear if you have any questions and I can answer them I will if not Mark it's
online he can answer them for you the new house is basically the same size as the existing house and you'll notice that the architecturally it's uh traditional full Cape two windows to the left two to the
right door in the center uh now very attractive I'm actually quite familiar with this Feast of property I lived around the corner for many many years and I've gone and by this
home many many times uh it's a very nice spot right there on the corner of uh andrina and LS B um I got a question now uh as far as the front setback on
andrina is that going to be the same as the existing front setback yes I I believe in this paperwork it's 153 in right now in with the new structure on it will be 15 feet 6 in so
it move back back a little bit okay okay and uh do you know what the setback is on the Lewis Bay Road side uh it should be on these plant I didn't see it on the I I might be missing it here I
didn't see it on the plans either something Chang yeah all right um let's just say that it's further than what you have on andrina yeah oh yeah definitely it also didn't look like it changed which I think is the yeah it it looks like it's it's
staying oh yeah the house is not moving toward Louis Bay Road anymore than is now and you're going to leave the existing garage I presume and you're going to remodel that uh it's going to become a a
garage well it's one now I think isn't it yeah it is but I think it's actually going to be a garage that holds two cars as opposed to beach equipment and beach chairs and everything else we'll see okay and
um so that's currently 10 and a half feet off the road right that's okay and you can see in that uh picture that they submitted with the house and the plans laying
there on the left side of the house that piece STI sticking out is not added onto the house on that side that's actually you're looking at the side of the garage yeah MH so okay the garage is 10 feet from the road and then whatever that
length of garage is is still the end of the house and we have a brand new septic system going in right yeah okay and uh I presume the reason that you can't move the house back is because
you have to be so far away from your new septic system I believe that's what the issue is and I think one of these PL plans does that even before I unroll these here you've got them looked at them they have uh the septic system laid
out on them they've all been engineered okay and that type of it do you know anything about that system do you know if it's an do you know if it's an AI system or if it's a standard title
pod um I don't know that but Mark you probably answer that it was Mark's [Music] yes so we're here uh first off I'd like to thank Mr chairman and the uh
commission for uh hearing our petition uh I'm not sure what the classification of the septic system is but uh uh Kieran Healey used his best judgment in uh designing and Engineering it and that's with the drawings before you reflect okay all right okay all
right okay and just looking at it you're on a Corner Lots so we're aware that corner Lots can sometimes be a little bit difficult to meet the setbacks um and fit your septic system in at the
at the same time um I'll tell you what if you have nothing else to add at this time I'm going to go to the board for questions is there anything else you'd like to add at this time no I think we're all set unless has something he wants to say I think we're all set Miss Mr NS do you have any questions for the
petitioner I do have a couple Mr chairman um the Assessor's uh field card mentions a um a studio apartment above the garage do you know anything about that um that garage has been there since
1950 and upstairs it's just a it's a over the garage room is basically what it is storage and everything else no one's lived there or rented it or anything is there an intent to to keep it as a a
studio apartment above the garage uh if I may uh the term apartment is far too Grand it's just a big room with a half bath in it and uh the intent is uh to every once in a while uh let a
teenager spend the Summer Weekend uh uh in there but it's not intended to be an accessory dwelling unit or anything like that okay the reason the reason I asked is that um you know this is for for replacing the house it's it's also significantly
larger and the from what I figure the square footage is going from like, 1500 square ft to 2300 square ft is that about right uh it is and most of that is uh in the back and in the screen porch area
which the screen porch is going to be in addition that was not included I did not include the screen porch in the square footage but the way I figured it was going from 1548 to 2374 which in our parlance is a is an
expansion of a non-conforming use and I just want to make sure everybody understood that it wasn't just replacing the house in its in its footprint it's significantly larger you don't dispute those numbers oh no no not at all okay I think yeah I
think they're written right on the plane yeah yeah and to be clear the intent here is uh to for this home to become a year- round primary residence good and and I'm I'm sure it's going to be assessed a little more than
the one that's there now too so it's good for the town um the the total number of bedrooms is is four in the house uh that's correct and there's a a den that uh is on the first floor also that
Kieran has advised us should be uh considered as a bedroom just because of the size of of it and the septic system has been sized accordingly and did they size did the size of the septic also include that bedroom above the garage
yeah it's a six-bedroom septic okay that's all I have Mr chairman thank you okay Barbara um I don't have any questions okay Jay um I think first of
all Sean I believe this would be the special permit I don't really think the variance applies because they already have uh already they really aren't changing the setbacks um and uh I think the big question is what's the is the height within 35 feet it looks like it's only
about 20 something definitely so um so I I think this is a special permit request not a variant and is that a new Foundation being going in full Foundation full foundation so full basement too y y um I I I really don't have any other questions but I do
think it's just a special permit that's all I had okay okay um Mr Martin do you have any questions uh not really with so many neighbors approving it and wanting to
see it done I think that's a wonderful sign and the only the newer additions are no further uh non-conforming than what's uh what's here now so I I'm I'm comfortable
with what's being done here okay well it is certainly a lovely looking home um I I think uh I would not be inclined to approve it as a six-bedroom house even
though it's got a six-bedroom septic system and I wouldn't support any uh finished well you can finish over your gar are you planning on remodeling that garage because I don't am I seeing a plan for the garage I don't see any plan for the
garage no we're not planning on doing uh anything in the garage other than putting cars in it are you going to remodel that building paint it you're just going to paint it you're not going to redo it no there's really no need to yeah
there's not much to do you got to reshingle it re-roof it put new doors and windows in it new garage doors uh yes new garage doors and uh okay so you're going to REM doors also
okay okay are you going to what is on the uh what are the ceiling o in there do you know I do not okay well I wouldn't be in favor of any habitable use of the second floor of that
garage all right M um you don't show it on your plan anyway here Mr nits is correct this is a substantial increase in what is a non-conformity I know you have a lot of
letters of support and it is a very nice house uh and I do think it would look very nice there um I'm not quite sure that you needed a six-bedroom septic system you might have been able
to put one in a little smaller than that to perhaps move the house back into Conformity but then you would have had to do something with that garage and I'm not sure how that would have fit on the lot so I I think what you're trying to do here is within
reason um you are you're supposed to be 30 feet back on each of these setbacks I don't know what the average is on the houses next to you because you're not trying to set back average and you haven't raised that but you can take the average of the
houses next to you and figuring out what the setbacks could be you can use those so if the other houses are only 15 feet off say you could setback average and use those averages for your setbacks we don't know what they are so we have to assume that you're supposed to have
30 um now do I think they're ever going to expand andrina Road or Lewis Bay Road no um so essentially what we would consider here tonight
really is just approving something that's a bit bigger but it's kind of sitting in the same spot as that house that's been there forever forever that I can remember um anyway way um and it sits very nicely right there on the
corner so I think if we want to get an idea what the new house is going to look like it's going to look like the older house as far as the sight's concerned sitting on the lot okay of course your new home's going to be much nicer than that um but I think the only concern
that I have is would be relative to over the garage um are you asking for uh and since we're on bedrooms what are you asking for I'm I'm looking at this plan and I see the
den and the office is not a bedroom that's a den in the office so you have one let's count your bedrooms uh four bedrooms um master bedroom suite on the first floor three bedrooms on the second floor and Karen
had advised us that just because of the size of the home office that the town would count there as a bedroom and it was his advice to I don't necessarily I don't necessarily agree with them I'd be inclined to approve a four bedroom house for you
tonight with a restriction of no habitable space over the garage I'm fine with that okay is anybody else have any further questions for the [Music]
petitioner none from the board no I I I I would agree with you Mr chairman that that um since we're giving them significant relief for the um
continuation and expansion of the of the use of the property and the size of the property and the expansion of the non non-conforming use for the setbacks that I I think this is a good chance to be able to to to limit the number of of uh
actual bedrooms uh on a on a small lot so um I would I would agree with your recommendation to eliminate that that living space above the garage to try to chew back a little bit of Conformity it's it's listed as existing
storage now no it's listed on the field card as a um as an apartment is it yep and the field card it is I don't think you can call an apartment there's it says garage with studio apartment above yeah
it's a big room with a half bath but there's no cooking facilities or refrigerator or anything like that in there you have a half bath up there there is yeah so the half bath is to be removed any cooking facilities the only thing that we would allow that to be is
what's called finished storage the building inspector will talk to you about that but that's what will be condition okay which means you can finish off the room okay if you want to but it can't be a bedroom can't be habit
it's not considered habitable space and take out the bathroom you said the bathroom's got to come out of there if there's one up there I don't know that there is I hadn't been in the house you you're telling there's a half path up there okay well that's got to come out
um your total number of bedrooms on your field card is four so we're going to limit this house to be a four bedroomroom house okay all right um I know you have a ton of letters of support
um I don't think we need to read a bunch of letters we know all your neighbor you I presume there people in the neighborhood I may know some of them uh so we'll go on the record that you have I think 10 letters of support you might even have a couple
more it is 12 letters of support Mr 12 letters of support okay we don't usually get that money so you must be a pretty popular guy in the neighborhood my wife's the popular one oh okay well that that explain that okay
thatn Point all right um people hear the ones people we have some people we may have some people here Sean Just For What it's okay well what I'm going to ask is I don't want to hear people that are in favor of this petition I want to hear anybody come forward that's in
opposition to this petition please come to the microphone they're upset they were all they were all anxious people would like to speak and everything you know hold on a second I asked for opposition first there are none there are none okay
and how many people want to speak in favor of this petition raise your hand just one two just one they're both together but they speak come on up I thought there was 10 I'm I'm remote right now come on up to the micro you'll need to come up to the
table cuz that's where the microphone is all right come on up to the come on up to the table and sit down and tell us who you are and tell us what your thoughts are I just want to be part of the process how's that um Kevin and Kathy balcolm 16 andrina um we've been in the
neighborhood since 62 1962 wow and we just support any families that have been there as long as us to stay there and we just feel very passionate about our little Beach our little community and it's nice our kids grew up there now my
grandkids and so on so we just support it well that's very good okay well thank you anything else you'd like to add no we just want to be part of this fabulous process this has been we're glad to have
you well thank you very much thank you we're on television every other I I got to get a life if this is fun okay all right uh regular is there anything else uh Mr Haley that you would like to add at this
time uh not at this time just uh we're very excited about this project and uh the intent is very much to recreate the existing look and feel uh of the home and in order to do that uh uh uh we do request relief from the setback uh uh
requirements okay all righty thank you very much all right we're going to close the uh hearing to the public open it up for board discussion anybody prepared to discuss this matter or make a motion yeah I'd be happy to I I believe this is
just uh there's there's no additional um setback issues than than what's there now uh so I I believe this is just a a change in a raise and replace and extension of a current current situation with no
greater uh greater um problems than it was before so to me it's a special permit under 104.3 two section two I could be wrong but if if you agree with me then I'll be glad to make a motion to accept
it under that condition I I just would ask the chair um in your opinion um Sean would you think that the expansion of a pre-existing non-conforming use requires a variance or or special
permit I don't think it's an expansion well well I don't know that it's an expansion of the use the structure is certainly larger yes the question is is are they creating any new non-conformities really
relative to setbacks I don't know that they are they're expanding it out deeper into the um into the yard but I think they're maintaining the current setbacks on the front and on the side one could make an
argument that it might be a variance but I think you could also just as easily make the argument this a special permit under raise and replace uh now it's certainly not rais and replace within the existing footprint no but you can do
a raise to replace an extension too so I mean that's all under the same special permit capability and I don't see a variance here was just well I I'm comfortable I'm comfortable going with a special permit um I would ask that
whoever makes the motion that we limit it to a four bedroom with no habitable space above the existing garage and any Plumbing or any kitchens or anything must be removed the only thing that's allowed up there is finished
storage but I'm I'm happy to uh proceed with a special permit okay and we'll just ask him later to withdraw the variance relief well in that case I'm I'm happy to uh make a motion to appr approve a
special permit for the raise and replace that they as presented with the uh condition that the bathroom above the garage be removed okay and it be limited to a four bedroom and it be limited to a four bedroom and the space above the garage
be limited to finished storage only finished storage yes okay is anybody prepared to make a second to that motion I'll second it Mr chairman okay any further discussion on
the on the motion I I just have a little concern about having them take out the half bath over the garage uh I don't see any reason for that they could build one there now by right uh so it just seems to me to be a
little Overkill in terms of trying to limit the limit the space the uh uh what what kind of floor is in there now it's a plywood plywood floor it's all sheetrocked out yeah
um it's been that way since they're getting 800 square feet more in the house too I know I know I'm not saying I'm not saying they're not getting something for yeah yeah uh so I I'm comfortable with that but I just uh
yeah just seems a c uh Overkill to come after them to take a bath out which is I'm sure how they used it all anyways well the the I I I hear where you're coming from dick I I think the concern that I have though is down the
road you know they are they are putting a considerably larger house on this lot no doubt it I don't know that that whatever it is above that garage with the with the bathroom up there the
half bath is legal um I don't know when it was put in I I don't so and and another thing is if if they want to do something with that make it habitable I'm not sure what they have
for ceiling joist there they probably only have 2 by sixes that's what most of these garages have in them so the whole thing would probably have to be brought up to code anyway whatever they're going to do if they're just going to reshingle this thing and do the
outside I I I don't think the building Department's going to go along with that anyway but I I just get a little concerned when all of a sudden this turns from a a four bedroom, 1500 square foot house into a
2300 plus square foot house with five bedrooms and that becomes a living area up there and you know then then it's going to be rented then we have cars there's there's not a lot of parking on this site
either so that's another thing we should be taking into consideration I don't even see any driveways I really this this plan right here is kind of missing some things we should have the septic plan the site plan should be more specific we should see with some of
these setbacks are that we don't have um we should see where the parking is we should see where driveways are this is a brand new house this just isn't an extension this is a raisin replace so there is some things there here that are
missing um that we could ask them to go back but they're uh there is going to be a parking problem it looks like here if you get too many people on this site yeah it appears to be that the Haley family is going to be living here they
have a septic plan on the main plan um they do yeah no no no I mean showing the elevations top of foundation how the they they've got the plant that the septic on there but they don't show it
vertically they don't show elevations they don't show top of foundation they might show top of foundation somewhere I think I saw it it wasn't really raised that much okay so I I think we're given them that if they want to come back and at a later
date and come back before us and talk about this again I'm more than happy to do that they can always request further relief or under the Adu I don't know we're not looking for any further
relief and uh there's no interest in converting that garage space into an Adu or anything like it okay all right so we have a motion uh on the floor with a second any further uh discussion on the
motion hearing none all those in favor please signify by saying hi hi hi any opposed is that an eye from everybody it is okay all right that carries unanimously uh Mr Haley once the
decision is written and clocked with the town clerk days must elapse that's an appeal period in case someone wants to file an appeal given the support that you have in the neighborhood I don't think that's going to happen um after that uh time has elapsed you can get
your special permit from Dolores our Administrative Assistant you then take that over to the Bal registry of deeds record it and then please bring a copy back to us for our records understood thank you you have
any questions uh Mr Mr chairman there is also the variance oh yes you uh a requested variance relief you don't need it so we would ask that you request that you withdraw that request for Relief without prejudice meaning you could always come
back okay like do okay there's a request to withdraw the request for Relief got a motion do have a second second second any discussion hearing
none all Us in fav please say I I any oppos the request to withdraw your relief uh your request for variance without prejudice is granted okay thank you all right thank you very much best of luck looks like a beautiful home okay
thanks to all of you all right thank you uh Dolores do we have any minutes uh no Mr chairman no minutes okay okay any other business uh tonight uh no chairman hearing none do I have a motion to
adjourn you do I move second okay all those in favor I I all right we stand adjourn thank you very much everyone