property where is that property I don't even know if I looked at that it's the left left side of where they bit Yeah gift shop was yeah and they still share that driveway okay I I don't know whether whether Teddy quirk's girlfriend had bought the house did she buy that everybody ready to go I don't know she's every ready ready ready okay good evening everybody Welcome to the regularly scheduled meeting of the Amazon board of appeals today's date is July 11th 2024 uh we have three matters on our petition tonight the first petition is petition 5117 Kenneth J Maguire and Beth a Maguire Trustees of the Maguire Family Trust come on up uh property is located at 32 coess it path in West garmouth it's an R40 zoning district and the APD uh the applicant seeks a special permit per 40 7 per section 407 to create an 832 squ ft accessory apartment good evening could you identify yourself for the record please sure I'm Kenneth Maguire good evening Mr Maguire good evening okay let me just open up this packet right here all right so tell us a little bit about your petition uh so I have a a room over my garage at 32 coesa path that I'm looking to finish as an apartment um one bedroom um I believe it meets all of the requirements everyone signed off on it Board of Health the building department um I think that's pretty straightforward all righty okay me just get to that section [Applause] here okay anything you'd like to add at this time I think it's all there pretty much all right we're going to go to the board for questions sure Barbara do you have any questions for the petitioner um so how many square you're adding 832 if that's what the space is configured over the garage and then and then a two-car garage yes underneath this unit yes and how many bedrooms will it out one one bedroom and one bath one bedroom one bath y then what's the piece in between just the walk through between the two buildings it's a mud room it's a mud room okay but you could enter either building through that mud room yes okay okay yeah that's that's all I have okay John do you have any questions I just had a question again with the the square footage the garage is 32 by 26 correct right so but on the other one of the plans um it has a 32x 25 is that just a typo do you know you don't have it in front of it's no I don't I know it's it's 32 by 26 okay so it's it is 8302 that's what the approved plan was that's what it was built okay and you live in the main house obviously yep okay all right that's all I have do you have any questions I do um so this is no new construction at all no is there is there a bedroom up there now no it's an empty space it's all empty unfinished correct okay and each and each unit would have its own egress yes to yes me of ESS okay yep that's in the plans there right now the um is it a family member that's going to be living there or is okay so you understand that the accessories apartment bylaw uh requires it to be a full yearr round occupancy Y and a one-year lease yeah well there's not going to be a lease my son's going to live there okay I I think I think you have to I think you have to make annual statements or provide a copy of a lease to the building inspector every year that that it's an annual type thing yeah I think it's well I I won't swear by it but I think it's if you're not renting it it's every couple of years I have to do something I think you're right I think you're right in the B and there is um adequate land area to have two designated parking spaces for the unit as well as the house more than okay more than that and um there was one issue about um how how big is the lot Ken is it it's [Music] 42,000 sorry I can tell you one second here 420 yeah 42420 is right on the plan 42420 okay it's just a shy it's just shy of an acre just shy of an acre and and the Board of Health you said has signed off on it because is I remember is z for protection district as well it's actually zone two it's called yeah yeah which is similar to our Aqua for protection and I do have a memo here but for purposes and I think it's probably a good idea to to uh just go over that uh in the zone two if you're adding what you're going to do is a fourth bedroom correct you're supposed to have one acre of land but if you read the cmrs uh an acre is call it a builder's acre yeah I'll I'll get to that okay sorry yeah okay would you just want to read this into the record an acre according to the 310 CMR is a unit of land measure equal to 40,000 square ft which is considered a buildable acre uh in accordance with standard real estate practices so while it's supposed to be an acre which is 43 43560 the old 7el right um on the real estate test um for purposes of this it's it's only need to be 40,000 so and more importantly the Board of Health has signed off on it they have yes so that's kind of beyond our perview of the health I think they look at 10,000 10,000 square F feet per acre I mean per bedroom 10,000 square fet of land per bedroom correct okay that's all I have Mr chairman thank you dick Martin any questions uh no I think it looks like a great proposal uh it meets all the requirements of the uh pdu and even though it was I guess turned down back in 2001 not quite sure why but the regulations have changed and S dramatically now too yeah the B and so forth uh and I think the property looks great I think the apartment uh over the garage looks great it's got two esses we got nearly an acre lot so uh I think this would meet all the criteria we would normally be looking for and then some so I'm happy and I don't see a room full of neighbors complaining so that's great there's actually six supporting emails in the in the packet from my neighbors yeah we only got five really no I'm told there's six we would have gotten more if I had a little more time we'll find it somewhere okay all right I do have a memo from uh Jay Gardner the health director from the Board of Health and it says the Yarmouth Health offic has received reviewed and approved engineered plans to expand the existing septic system to a four bedroom capacity at the above reference location which is 32 coach chessed path this property is located within Zone 2 a protected aquifer location is subject to stringent and often limiting restrictions on building expansion the lot is unique in size for Zone 2 Title 5 regulations Define a build bu a lot as over 40,000 ft as such 32 coach chessed path is allowed 440 gallons per day four bedrooms of septic capacity please let me know if the zoning board requires any additional information that's from the health director now I know I saw some emails and I don't have them in front of me but uh for the record there were a number of letters of support for this petition I don't believe we have any letters in opposition do we none hearing none so for the record we will uh say that there are six letters of support for this petition uh is there anybody in the audience that wishes to speak in favor of this petition please come to the microphone seeing none is there anybody in the audience that wishes to speak in opposition to this petition seeing none uh is there anything else you'd like to add no thank you any other questions from the board then we will close the uh petition to the public open it up for board discussion has anybody wish to begin a discussion or to make a motion I move we approve as as presented okay we have a motion I'll second second move by Dick seconded by John any uh discussion on the motion the only thing I would add is I believe the petitioner has demonstrated that he has met the requirements under Section 407 uh and thus uh we should Grant the special permit all those in favor please signify by saying I I any opposed hearing none it passes unanimously uh now there is a 20-day appeal period after the decision is clocked with the town clerk after that 20 days you can come see Dolores she'll give you a special permit you need to record it at the registry of deeds and return a copy to us great Dolores gave me all the instructions she's great oh she's the best top seed in the building okay well you're all set thank you very thank you everyone appreciate take care all right let me just go over the next petition is petition 5118 Christina megason uh property located at 811e 28 South Yarmouth Mass it's in a zoning District Beach 2 hod1 and vc2 the applicant seeks a special permit per 414 subsection uh section Section 3 subsection 3 for a12 use and or section 414 subsection 6 and three for rear setback relief and or 414 Section 8 subsection 9-4 D to weigh the requirements for a 10t landscape buffer the travelan and Wester Le property line Andor to wave the requirements to relocate utilities underground from Yarmouth architectural and site design standards section 10 to develop eight one-bedroom apartments um let me go to the oh thank you very much dick uh we have a request to the board of appeals dear members of the yamoni board of appeals on behalf of Christina megason the applicant the above reference petition I am writing to request that the public hearing currently scheduled for Thursday July 11th 2024 be continued without testimony to the August 8th 2024 hearing after discussion with my client we have decided it's in our best interest to continue the zba hearing in order to prepare for and conclude proceedings with the Conservation Commission it is my understanding that this correspondence will be sufficient to effectuate this request I appreciate your consideration in allowing this request sincerely BSC Group Inc Brian uration is that how I yep okay uh manager of civil engineering so we have a request to continue till August 8th is that a good uh date for us yes okay uh did we need him to sign any extension I will I'll sign it to if if everything goes okay so we'll uh if we are going to allow the continuance uh we will make a condition that he come in and sign a uh an extension on that um is anyone here on that petition you here folks okay uh they are requesting a continuance till August 88th um so is there anybody prepared to make a motion are you going to be here folks on August 8th yes we're the okay I mean if you weren't I'd let you say what you want to but you want to just come back on August 8th and we'll talk about it then yes that's why okay all right Mar you here on that one on on this one right here yep is there are you going to be here on August 8th yep okay you want to save your comments to then yeah that's fine okay all right thanks and that was because there was a a conflict with the the Conservation Commission I think yeah they need to some approvals for that I would move the U acceptance of the petitioner's request for Contin continuance to August 8th okay do we have a second to that motion second second it y any discussion on the motion hearing none all is in favor please signify by saying I I any opposed hearing none that passes unanimously the matter is continued until August 8th not right one okay oh thank you you took mine so oh really well thank you very much all right let me just uh leave that back with you in how do I continue to keep losing my agenda okay the next matter on our petition is petition 5119 Allison El tobert Trustee of the Allen L pretty marital trust one realy trust property located on sailing Village Way South Yarmouth it's in an rs40 zoning district and the applicant seeks a special permit for 104.3 point2 or F4 use and or modification of Prior decision to raise replace and add 200 square ft of area to the outboard rigging building good evening gentlemen good evening even could you identify yourselves for the record plat Mr chairman members of the board I'm Paul tardiff and attorney in yarmouthport SE with me Marty tobert from ship shops and John Richards who's familiar face to many of you here on the board sole believe dick n is keeping his seat war over there so not sure Mr stairway of Cape cot um so as you know this property is the house of uh ship shops uh Incorporated uh South armouth full service Marina on the Bass River um since 1928 I think right yeah 27 27 28 um the uh and that's a little bit before our zoning byw came into effect um and just as long as we're at it they are authorized dealer for Evan Rood and Suzuki motors and you know sell parts and service if you need anything so um so that campus is in the rs40 zoning District District um and it's a lot bigger than you think it's uh comprised of two lots total of 12,200 Ft uh with a total of seven structures on there um the proposed use has been classified as an F4 according to the building department which is water transportation um uh it's accessed by sailing Village Way uh which runs from Pleasant Street uh to the residential dwelling you can see it here Pleasant Street it's up at the top of the plan and just winds its way down it's the water that's the river right there um property has been the subject of numerous forms of relief over the years the the first actual form of relief was issued 56 years ago so it was doing fine for a while there but uh needed some help with some of these buildings as you know they get kind of old near the water um and that's pretty much why we're here tonight uh the majority of the structures are located on lot 15b which which is uh from from this line here going that way so there's two pieces that and then from this line This is the seven um 7B I only say that is because some of the calculations we did we even were conservative with that with regard to lot coverage keeping it on that lot although it's it's combined it's one lot but just to be sure uh you understood that we're not overloading this lot it's a big lot um so um the building coverage currently is at 10 12% Frontage of 825 ft site coverage of 68.6 um and that's utilizing the square footage of lot 15b I just want to point that out proposal is to raise uh the wooden building number one on your plan so I I highlighted it in Blue on here so as you come down that's this building and then it's blown up for you so you can actually read something over there um that structure currently measures uh 57 ft by 28 ft and it's about a little over 15 ft in height uh the building will be replaced with a new metal and concrete this is all wood um and that's going to be 60 by 30 so it's it's increasing by about 3 ft in length and about 2 ft in width so about 200 square ft of new space um the height will be 22.8 feet uh instead of the 15 now um the setbacks are all going to be met um building coverage will go will increase from 102 to 10.7 uh still well below site coverage again 68.9 uh so going to be a really uh big Improvement for um from already trying to get boats in and out of there and back them in and with the garage doors and trying to turn things in it's just it's become unworkable for his his business so um uh I I think it's it's a good project under 104 323 um I think we meet all the criteria for the bylaw it um it's not going to be substantially more detrimental to the neighborhood it's the existing use as I said has been going on for how long now 96 years um the building is going to be a little taller but the same use is going to be going on inside it's not going to generate any more noise or Hazard or news it's but basically internal for the workings of a ship shop um it's not going to uh and it's it's it would be a hardship for the property or its owner if we didn't get this this thing is getting a little old I know some of you may have went out and visited it um and it it's it's getting to the end of its life and we need to uh revive it with this new building so I think under uh 104 323 uh also I think four uh section four with regard to the expansion of the use by 200 squ ft I didn't want to forget about that one as well uh 200 square feet overall uh when you're talking about a a 3-foot withd is really not going to increase that much more activity in the space than what's there now so uh I believe that you could find the special permit uh requirements are met we hope you agree if you have any questions here we are thank you okay thank you uh Mr Martin any questions no I think it's pretty straightforward ship Shoppers have been there forever and uh they're not encroaching on any setbacks from either roadway way and so a little extra square footage and for a new building that's a little taller uh I certainly wouldn't have any trouble with okay thank you Mr NS this is a metal building that's going up it's get it's metal framed okay I'm sorry it's metal framed but it'll be sheathed to look like it belongs in the neighborhood it's not going to be 10 sides so it's not going to look like a a warehouse type build real shingles or the fake plastic ones that look like shingles I can't even tell them part anymore and does does the we I have to look at it myself so we kind of want to make it look like it belongs is part of the increase in size dictated by the manufacturers of the steel buildings corre yeah let let me speak to that yeah u i mean it's it's true that 30 by 60 is is a very easy thing to build you know and to use fractions build a steel building it's would be very it would be difficult yeah I'm sure it's possible but everybody deals in sort of yeah that's what I thought there was some standardization of the metal buildings that might have led you to that in addition to getting a little bit more square footage it might be more economical too if it was a standard size rather than a custom size absolutely um is is there any impact of the of the flood zone on this commercial building like that is there related to the building code or anything going to be built with the flood vents um cuz we near the river of course but um you know it's going to be built for that it would be in the flood zone it is it is okay okay utilities are all above that there's really all the electricity and and heat in there there's so has the tide gone in and out of the old building never never well let's hope that stays close if it does I'm not going to be there to see it I can tell you well we hope you we hope you are in one sense and not in another sense scgo Tower okay but that's all I have Mr chairman this this building I've said it before is that my father told me once gravity is undefeated and and this building is a victim of gravity it's just if look at it it's you don't even really want to go in there anymore really well it doesn't look bad on the outside well say that about me I wasn't talking about but uh that's all thank you John any questions I don't have any questions I took a ride down I saw the building in question you know I I can see a need to replace it so I don't have any issues thank you okay Barbara do you have any questions no no I also took a ride down too so no I don't have any questions I don't have any questions either I'm very familiar with the property as well as the building I been inside the building I was inside that building first time many many years ago and I was a young child I us younger man will'll say uh and it seemed old at that time it did it did but uh I remember we used to put the beetle cats in there in the winter time and yeah it was always a nice spot I'll miss it for nostalgic purposes but I understand the need to upgrade and that certainly seems to be a reasonable request well what was amazing to me was to look back on the previous Boards of appeals decisions and I hate to say it but I was on the second oldest one and the third oldest one in 1985 I think 89 I think I don't know well I don't see anyone in the audience to either uh support or oppose this matter um I don't believe we have any correspondence um there is one letter of support I believe there is let me see this I'm sorry yes we have a some correspondents from Kathy O'Neal uh to whom it may concern as in a butter we approve of the plans that this petition refers to sincerely Kathy and Greg O'Neal at 128 Pleasant Street South yarma well I'm sure you thank them for their support oh I'm sorry Mr chairman there's someone raising their hand on Zoom Bob Green someone on Zoom Mr Green can you hear us y yep can you hear me we certainly can good evening okay how you doing we're doing well please tell us about your comment okay I own uh 15 ship shops way I AB but the building on the North side um and I understand about you know wanting to upgrade the building and all that the square footage going a little bigger standard size metal building building going 7 ft higher when it's really close to my property you know I have a second floor deck on my house you know I look down Bass River um I'm not a big fan of the 7 feet um because it is going to it already sticks up over you know the fence and the bushes and all that but uh you know there's no I don't know of any buffering or anything like that between my property and the building well I think you taken on the building the wrong building it's not the building that you bought it's the it's the first old building on the right when you go up your road when you first go up the little Hill which one Ry oh like behind the fuel tank it's it's south of it's south of the fuel tank building so there's a building that's directly but you and then there's a big empty space and then there buil there's a next building that we did in 99 and this one's even further okay I thought I thought it was a building that that's where Mr Green lives I I would have certainly let you know okay uh well you know I get in it a little late um when I got the when I got the letters and stuff uh okay well I'm happy to hear that I don't even think you can see this building Bob yeah yeah I got you okay all right no I thought it was the one that was against my fence and when it was 7 feet I was like oh boy that's getting up there so uh yeah so mty if it's not if it's not the one against my property I don't have an issue with it okay um appreciate I thought it was the one that was against the fence all right well thank you for your comments Mr Green thank you do we have anyone else uh on Zoom I don't believe so no okay is there anything else that uh you gentleman would like to add all I can say is my if my wife approves it then she's she's halfway tougher than all you guys I can tell you that at least you admit that she is the owner she didn't come tonight though she was going and then she said have she's probably watching it on TV though you do a good job down there with all of your improvements and I know you're very cognizant of your neighbors and and what the buildings all soon as he started to talk I I knew he was he thought it was one of those buildings the old six foot setback and we're right there yep fact the Jan some of that noise which you know might come out of that building would be moved away from it right into the center of the property away from everybody that lives would all right well we're going to close the uh hearing to the public and open it up for board discussion anyone uh would like to make a motion or have a discussion on this matter I'll make a motion to uh approve petition 5119 with no condition as requested with no conditions okay do we have a second to that second second okay motion made by Mr Martin seconded by Mr nits any discussion further discussion on the motion one thing I would just say is I think the uh petitioners demonstrated that they uh meet the requirements under 104.3 point2 subsection 3 is that correct Mr to three and four three and four for the use as well okay yeah certainly be uh not more subst ually detrimental to the neighborhood no undue nuisance Hazard or congestion will come about from this um okay uh all those in favor please signify by saying I I I I any opposed hearing none uh I don't have to explain to you the 20-day appeal period uh will I be receiving a draft or should I say will Dolores be receiving a draft decision tomorrow we can give you a day after tomorrow vacation I'm on vacation next week all tomorrow if he says tomorrow we'll go I was going to say m he's going to hold up your uh project here don't take you get a chance I expect you to sign it tomorrow tolor will see that okay that's it okay all righty well you're all set thank you very much and good luck on the project John good to see you all right Marty good to see you I know absolutely thank you very much all right do we have minutes we need to approve clores due from June but I'm not sure I was not okay I looked at them but I don't think I was here you were not but everybody else was okay okay well do we have a motion to approve the minutes of uh June 13th so moved second anybody second that second second any discussion hearing none all those in favor please signify by saying I I I passes unanimously I'll obain with one obain ition since I those the only minutes do we have another is that it uh do we have if we have no other business uh motion to adjourn so moved second second all those in favor I I any opposed hearing none we are adjourned so