all right I've already ripped my agenda okay that's all right I got another one it is a good crowd what are all these people doing here going to make Karen wait oh they're waiting yeah good evening everybody Welcome to the regularly scheduled meeting of the Yama zoning board of appeals today's date is April 25th we have 1 2 3 4 we have five matters on our agenda tonight we're going to take them out of order the first is petition 5101 Thomas and Janet Cory kitowski property location at two Hearth Lane West garmouth Mass they here come on up the applicant seeks a special permit per 104.3 point2 sub paragraph 2 and or a variance from 203.50 for front setback relief to construct a covered porch on a pre-existing non-conforming dwelling hi good evening good evening good evening can you tell us a little bit about what you're doing here well my name is Tom cortos and I live at Tarth Lane in West garmouth with my wife Jan and we're asking for a variance because I constructed a porch on the front of my house Which is less than 30 ft from the setback okay um by two by 2 and A2 Ines 2 and 1 12 Ines yes I don't know about that you're asking a [Laughter] lot uh now did you have a building permit to do this uh well I had applied for a building permit yeah and when I and I did not I did not follow through with the permit because he wanted me to get a survey on the property and also um drawings from an architect and I felt it was I was within you thought you could do it without a permit as bounds yeah well not necessarily without the permit but I but I objected to this survey okay well has it been inspected no it has not I I I went and had it surveyed and they said like I said they were off I was off by 2 and A2 Ines and um I'm working with him after we decide what's what happens here approve the 2 and a half inches the building inspector said come back and see him and we'll work through the rest of the permit okay I went by and took a look at it it looks like a nice job I think you're probably in compliance but um now let me take a look here your existing [Music] um setbacks don't meet right now you're 7 foot4 off of jbird Lane correct uh yes okay and that's pre-existing that's pre-existing yes okay so I think what we can do here tonight is instead of you asking for a variance we can grant you a special permit as an extension okay have a legally pre-existing non-conforming structure so you don't need a variance so I think we can do it under special permit relief should the board be uh should the board decide to Grant the relief but what we're going to do right now do you have anything else you'd like to add at this time uh I'll answer any questions you you have okay we're going to go to some questions Jay do you have any questions I don't okay John I don't either Barra no I drove by and it looks very nice I don't have any questions either well I don't really have any questions as well oh Anthony how are you tonight good evening I'm doing okay yeah I don't have any questions on it it's pretty straightforward I think okay um I don't have any questions either is there anyone in the audience that wishes to speak in favor of this petition you do W what you do bring all these people here we wonder what everybody was doing here oh I heard what was going on and they decided to show uph is it safe to say you're in favor of this petition okay let me see show a hands oh god oh my god well we'll be clearing this room out pretty [Laughter] quick I mean is this sure for us in case we de decided to say no you know what everybody volunteered to come when they found out to come seriously okay okay we all love the porch well it does look nice I went by and saw it uh now I'm going to ask a question is there anybody here that wishes to speak in opposition to this petition seeing none okay I tell you what we're going to do is we're going to close it to public discussion and open it up to the board uh is anybody like to begin a discussion about this what's every body thinking it's very well done it's it's two or three Ines so I mean with the condition that they make sure they follow through in a building permit I'd be happy to happy make a motion okay so you make a motion to approve the special permit I do as requested with the condition that they comply with all of the necessary state and local building requirements absolutely and that you get all the necessary permits I will I will all right uh is there a second to that motion I will second any further discussion on it all those none for me none for me all those in favor please signify by saying I I hi Anthony you're an I I am an i okay any opposed hearing none that passes uh five in favor none against now I also ask for variance relief uh we would ask you to withdraw that request without prejudice we willing to do that yes okay is there a motion to that effect so moved second any discussion hearing none all those in favor I I I any opposed hearing none so that's withdrawn without prejudice okay so what happens now is there is a 20-day appeal period after it's filed with the town clerk it'll take a few days to write the decision it'll be filed with the town clerk then 20 days must elapse after that you can contact our administrative assistant dores and she'll give you your special permit you can take it over to the registry of deeds and record it and bring a copy back for our records have any questions no okay good luck and please get a building permit next time if you're going to do something else okay all right have a nice night all right thank you thank you going home now make it home in time for sh we're going to we're going to give them a second to to get on out of here and then we'll get to the next one is next H yes we're going to we're going to freeze the town on this one right now number it will be number four next um the next petition on our agenda is petition we're going to go to number five live right now yes 5098 Jamie and Neil Bolan of 358 Route 6A in yarmouthport it's in an R40 zoning District the applicant seeks a special permit per 104.3 point2 sub paragraph 4 or a variance per 202.5 for an i4 use to allow office space rental in a residential district and or modify an existing variants number 626 and number 1319 to change use from gift shop to office space rental good evening hello good evening could you identify yourselves for the record please yes hi I'm Jamie Bolan Jamie Neil Bolan Neil Peter Troutman Peter good evening hello good evening excuse me this is a continued hearing from 3:28 I know you met with us before uh I think we asked you to go back and kind of rework uh some of your requests so um tell us about what you came up with okay so um we're back again today to request the change um of the use of our building to an office space or request a special permit um to do so and um we would like the Varian or permit to allow for two offices and a meeting space the two offices will house the only two businesses that call this location their main office or headquarters one of those is myself and um any others using the space would be prescheduled managed by a calendar under an agreement with us we do not do walk-ins um parking lot provides adequate spaces for this use and the use is much lower impact than the retail variants currently associated with the property on average we have anywhere from like two to seven cars a day the lot is hardly ever full um we would also like to suggest in the permit or variance um that it may include that the owner of the business of the office space um the owner be also the owner of the prop proper and also live at the property so they can manage and control who's coming in and out and using that space um and as you know we have many letters in favor of this um change and we have been running the business for 6 years without any complaints um it's much quieter than it has ever been at as a retail location um and one thing like like many small families um or young families on the cape we do rely on this income um to help pay our mortgage and stay on the cape and live on the cape um so you know if we aren't successful with this and we have to use the retail variants it would just be a little tricky for us you know um retail which we would prefer not to do but if we had to we would you know it there's no appointments needed there's cars in and out all the time we can't really control who's coming out out the driveway um they can we could have sales that would generate more traffic um and the goal of a retail business is to have traffic and we don't really want that um so our proposal to have the office space does not have those things um and I think that's pretty much it do you have anything to add to that okay thank you I think what we're going to do is go to the board for questions uh Barbera do you have any questions um no I think um that's very thorough I think you answered the questions we had before especially about the traffic in the parking so thank you okay John yeah a couple of questions so you said you you're going to um you're proposing two offices right and then there's a third uh meeting room yeah so we're calling the a meeting space right so how many people can that accommodate in that meeting room in the meeting room the table that's in there currently has eight seats around it eight so you could have a conference of eight okay so that's and you're going to use that for the the folks from the two offices or is that going to be a separate mostly for the two offices that's how we're currently using it okay um so yes and then uh when we were when I was there right that big open space in the middle how will that be used so that I would kind of put in the meeting space category of being used by those who have the author space myself having my interns there um Etc so you I think it was EF um EF wisel yep had used it as that like annual business so will you continue to do that sort of thing possibly we're thinking about taking a step back from that um but if if it was to happen it would be again reserved pre-planned you know having a um trying to control the occupancy all you're really looking to do now is just the two offices and pretty much it right in a meeting space y in the meeting okay that's all Mr chairman thank you all right Jay um I don't have any questions I got a chance to see the space and I think it's uh less usage than than what was previously allowed um and there is adequate parking um I saw that you did allow people to park in front of the garage even though that even adds more so um I'm pretty comfortable that this would be a a good use for the space thank you okay okay yeah I had the opportunity to visit the site myself it's very very nice you keep it very beautiful over there um thank you okay so we'd have the two offices you have I saw the conference room and then we're going to kind of leave the big open space as kind of just for you to use and for people that may be in the offices I think so okay I certainly think that's a less intensive use than what you have there now sure I think the relief that we would be granting tonight is a variance because it would certainly be a a business use in a residential area um just out of curiosity Sean it talks about this exception as a special permit is that fit let me see that for a second well see they were they were a variance so whenever you go from a variance you can't modify a variance you got to issue a new variant was a previous a special permeter variance um we were suggested it was a previous it was a variance it you were a variance yeah yeah I don't even know you're you're not changing to a conf I still think you you're a variance I I think you qualify for a variance I I think it's Justified I think what you're doing is you're taking an existing variance that you had and you're offering a less intensive use so I think you're improving the Varian that you had and you are entitled to keep that variance if you want to so I would be uh I would certainly support it okay and would that be in a variance in addition to the current variance or how does that no that would replace that variance you get a new variance so now that one the one that you have now would be extinguished new variance that you would get would allow you to operate office space in a residential district got it yeah y then sometime if you you can always come back and ask for more and discuss things with us in the future if there's something else that comes up yep and still preserving your rights to keep what you have sure but after tonight you will have to we go through the appeal period assuming no one appeals it uh then your old retail variants would no longer exist got it um is there anyone in the public that wishes to speak in favor of this petition okay could you come to the microphone identify yourself and tell us that one right there first timer that's all right if you come up we're going to put you on the board so please don't do that please don't um Katie Clancy um and I sometimes go over to 358 Maine and do some work I'm a real estate agent and sometimes I just need to get away from that office and away from all the people and and just have some real quiet focused time and it's been so valuable to be able to go there um and it's always very quiet when I'm there um I don't think there's you know much else for me to say I feel like you guys understand what goes on there and I just wanted to thank you for you know taking the time to listen to these guys and give them a thumbs up okay thank you very much anyone else wish to speak in favor of this petition come right up sir how you doing my name is John constant um I live directly behind um the bowan residence um probably the most impacted by this whole thing as far as traffic and and and and visibility um It's actually kind of funny moved in in 2006 when it was a retail store and I didn't even know it was a retail store cuz there was hardly anybody there I don't know if that was good for business or not um but it it was it was really I didn't know and then my wife all of a sudden found it and was there every weekend so um but as far as the new space has been concerned and it has been going on for a while um that's been one Jeep there is the only thing I've seen it's uh you know I don't really hear anything it's quiet um it's been no impact on us at all and literally from my back patio I see the back of their Barn so you know we're our property completely line up so um we have no oppos you know no opposition to it actually feel it's a nice thing for a community person like this to want to give office space to people that have small businesses as you know it's difficult to find spaces up here to to rent as far as offices are concerned so you know we have no problem with it and uh we hope you guys thumb it up and approve it okay thank you very much anyone else I don't know if that's a hand rais on Zoom or if it's just a I agree on okay well I think we had some letters last time that we put into the record those will be put into the record as well is there anyone here in opposition to this petition I don't think we have any opposition to this correct uh Dolores Dolores is there someone on unfortunately I can't see from here but from there yes it looks like Claire and Steve something with draw oh hello yes uh sorry I'm I'll I'll keep it short I'm in favor as well uh I didn't know if you'd see my hand or not but uh uh Fe bordeau I live across the street at 359 um have no problems with noise traffic or anything else I think what they're doing is great and so fully support and that's it keep it short thank you very much okay anyone else seeing none is there anything else you'd like to add I think so we're good okay all right so we're going to close the uh hearing to the public open it up for board discussion I think it's a you know it's a fine use of the space I I'm I'm in support of of it and uh I can make a motion to uh to approve a variance for the office use so the variance would be for two offices in a conference room and the open space that you have above and beyond that would be used for people that are inside that your tenants sir okay okay so that's what we're approving is there a second to that motion second okay any discussion the only thing that I would add as I said before I think it's a less intensive use you had the variance before for retail so I think uh we're making it more conforming versus less conforming so I think uh under those conditions terms I think you certainly meet the criteria for a new variant um all those in favor Anthony do you have anything to add no I the only that I drive buy it every day it's right around the corner for me and uh I think they do a fantastic job of the property and um in terms of what we've talked about for the ven perspective I'm I'm in favor so I'm ready to vote okay very good all right all those in favor please say I I I I any o opposed hearing none that carries 5 to nothing we would ask that you withdraw your request for special permit without prejudice willing to do that yes okay do I have a motion so moved second anyone all those in favor please say I I any opposed hearing none that's withdrawn without prejudice so as you know or may have heard uh there once the decision is drafted it will be filed with the town clerk 20 days must elapse after that Dolores will contact you come over and pick up your variance take it over to the registry of deeds and record it and just bring back a copy for our file okay right thank you very much wish you the best okay our next petition is where are you Eder deola Gonzalez 155 station a South Yarmouth it's an R40 zoning District the applicant seeks a special permit for 407 to create a 325t accessory apartment Additionally the applicant requests a waiver from the requirement for a certified plot plan less than two years old okay good evening evening I me here I'm here to help you with some English okay all right give me one second that's 3 one 4 okay called accessory Okay so so um you're here to seek a special permit for an accessory apartment you here is a result of a violation notice correct all right I'm just going to read this violation notice into the record okay this is dated March 5th 2024 it's addressed to you at 155 Station Avenue concerning an accessory apartment Dear Mr biva the building department was called to this address for a car accident that resulted in us finding an accessory apartment at this address there's been no record of any approval for this accessory apartment this is a violation of section 47.2 of the town of yamama zoning bylaws section 407 sub paragraph 2 standards requirements States the board of appeals May author rise accessory apartments only by special permit failure to comply with the town of yamama zoning bylaw is subject to fines and penalties is allowed for Section 101.3 101.3 penalty States any person violating any of the provisions of this bylaw shall be fined not more than $300 for each offense each day that such violation continues shall constitute a separate offense and then it directs you to seek relief from this board and this is signed by Brad inkley who is the Deputy building inspector this is okay so you submitted some plans to us correct yes and this shows your apartment okay and your apartment is 325 square feet is that [Applause] correct are you aware that the minimum size is 350 square ft [Applause] I didn't know about it did you review the bylaw or with anyone before you came in tonight okay all right well couple of things first off uh you don't have the requisite square footage secondly I did an inspection of your property and it doesn't appear that you have adequate parking there are two there are some Street there they can park out on the street can't park on the street it's not allowed under the bylaw there's a main road and there's an Offroad where there a big space there where they can park you have to have the parking contained within your lot and you need two dedicated parking spaces for that accessory apartment along with a couple for your own house and I looked at what you had over there and it looks like you can barely fit two cars in there so not only do you not have the adequate parking I but you don't have enough square footage under the bylaw so as a result you do not meet the criteria for a special permit under Section [Music] 407 mhm okay is it easy to get one is it easy to get one in a permit or something well the first thing you need to do is you need at least 350 square feet but other than that I I looked at your lot over there and I'm not sure that you can get the required parking and I think that's probably your biggest problem you can always add on to the the house to get another 25 Square ft but I don't think you're going to get the parking have a lot of space there I'm sorry I have a lot of space there have how much space there there is if B speakes there the lot was all all cleaned up actually so I know I I I was over there a couple times okay hold that is there any questions that the board has for the petitioner I I saw the same thing you did I mean the yards all fenced in and there very very minimal parking front I mean I agree I don't think you can get four cars in there and I think I think what he was saying it can park on the side by the where the fence is on the street you're not allowed to do that yeah yeah um the questions that I had were pretty much the ones you asked okay um I did wonder if this wasn't this wasn't a this wasn't a new addition to the back of the house was it cuz the house looks like it still hasn't been sided yet is that correct that was there before he's just divided a few rooms side that MH okay the other thing you want to make sure is you have two if you do do go through this whole process just make sure you have two sources of egress two exits you need to have two separate exits so these are all things that you need to have in order to be able to get the permit there is two exits is it okay but just these are the types of things you want make sure so it's if you can get if you can get a hold of the bylaw um you should go through the steps there's like there's 14 14 things you need to make sure you have in order in order to be able to get the permit okay he said there's a back door there one accent in in the front door know he used a room therefore you know for dogs and that yeah okay Anthony is there anything that you'd like to uh say or ask the petitioner no I think we've all uh asked and and thought about it I would like to hear um if there are any in support or or against you well hold on a minute ma'am um the reason why I may hesitate to do that is because I don't think the board's going to be able to entertain this because they don't meet the criteria so I don't know that we need to hear from the public because we're not going to be able to support this if if this were a question where the board was going to be able to consider this petition on the merits we would certainly invite the public to have some comment on this but we're not going to get there okay so sir um right now we could take a vote on this matter but it's going to fail um you can ask to now if we do that you have the right to appeal um your only other option is to ask to withdraw the petition without prejudice where you might be able to go back and rework it and come back to us with a different plan that would be up to you how you'd like to proceed the [Applause] viation you said uh any kind of plan that can maybe make change there no you need to come back right now you don't have the square footage we can't Grant you the relief you a variance and it's not allowed it's prohibited what what should I do now well [Music] um is there somebody living in there right now [Music] there's nobody there right now there's no power there no water because there was you know acci the car hit the place is the building department aware that no one's living in there don't don't look to her she's not in the building department but yeah they know about it they know about it well you you have to talk to them and see what they want you to do but right now we can't Grant you the relief that you're requesting I might suggest that you withdraw this petition without prejudice which we will grant you but that is that's going to still find you in violation now if we vote and deny you you're still going to be in violation but at least if you withdraw and it would prevent you for two years to come back from us if we deny you if you withdraw it then at least you can go back to the building department and talk to them and see what they recommend which maybe to convert it back to what it was originally so would you like to ask us request that we allow you to withdraw this without prejudice for if it is a better option yes I think that's probably a better option because if we deny it you can't come back for two years on a similar permit I mean I guess if you criteria if you met it you might be able to you understand okay so you'd like us to all right so yes so just so we're clear you're requesting to withdraw your petition without prejudice which would allow you to resubmit it at a later date if you choose yeah all right now before we take a vote I know this lady standing here and I think she'd like to say something I I'll allow you to come up ma'am I don't think we're really going to take but just so you understand come come right up to the microphone no microphone right here okay no right here just so you understand what's going on here he doesn't meet the criteria criteria for a special permit he doesn't have enough square footage so we can't Grant him so if you're here in favor or if you hear an opposition really makes no difference it it makes no difference not going to Grant it anyway okay I just wanted to say that ader has been a good neighbor and he's improving a a warn piece of property and that we all appreciate that in the neighborhood if he is able to um to find some Elbow Room to go up to the minimum square footage and parking places um he's built a lovely fence so it's pretty clear that any tenants would be no bother at all to the neighborhood it's very nice of you to say so excuse me ma'am ma' could you identify yourself for the record please Choice thank you all right so um we have a motion I'll make a motion to withdraw without prejudice allow the petitioner to withdraw his petition without prejudice second second any discussion on the motion hearing none all those in favor please signify by saying I I I I any opposed hearing none that passes 5 to zero so you are allowed to withdraw that without prejudice let me just check something here um this is just a special permit there's no variance requirement okay we're all set for tonight sir uh Please be aware that this violation notice that you have is still in effect so you need to go to the building department speak to them about it and see what type of a remedy you can you can do okay all right thank you very much have a nice night okay give me one second here our next petition is petition 512 the town of Yarmouth like to come up the property location is 275 Route 28 West Jou Mass it's in a B2 zoning District the applicant seeks a special permit per 202.5 to allow an N9 Municipal recreation use in a B2 zoning District associated with Redevelopment of the site as a park Additionally the applicant requests a waiver from the requirement for a certified plot plan less than 2 years old good evening good evening could you identify yourselves for the record please happy to I'm Karen green I'm the director of Community Development for the town of Yarmouth and I'm Nate weton I'm a senior project manager with the Yarmouth Department of Public Works and I'm project manager for the project okay very good uh would you like to tell us a little bit about your uh project here sure so um hopefully everybody uh knows where we're talking about tonight this is about 275 Route 28 it's the former Yankee Village Motel it's located between uh two other pocket Parks we call them cuz they're just small Parks um the whole project is a really good example of something we're calling undevelopment because the uh parcel to the West at 261 Route 28 that used to be Rascals nightclub um 275 was the Yankee Village Motel like I've mentioned and then 281 was the 1750 house uh the town has acquired all three Parcels now um uh chasebrook Park 261 was acquired in 1997 using Land Bank funds um the uh was that for the the old house that used to be there no that was for Rascals 261 is Rascals and that was bought in 97 that was bought in 1997 um the uh next sequentially was hop over a parcel to 281 Route 28 that was where the 17 50 house was that was acquired in 2008 using CPA funding and then fast forward to 2019 when we acquired the Yankee Village Motel uh right smack dab in between at 275 Route 28 so um the concept here is to create one cohesive a park um where residents and visitors can uh you know basically have access to a nice natural place along Route 28 that provides a lovely access to the water um in terms of the views that it provides there won't be any um kind of physical access to the water there's no kaying uh off of these properties we've um been fortunate down at the Riverwalk Park where the drive-in site was um that will have a kayak launch um but we can't do a kayak launch um at 275 um in 2022 the board of Selectmen uh now the select board um approved a master plan for the park that's really based on um ecology eliminating invasive species that are there um adding native species where appropriate and improving the pathways and creating kind of a coordinated uh set of paths and a pedestrian bridge there's a uh a creek there chasebrook Creek and uh there's a pedestrian bridge going to be added so that you can really get from one parcel to the other right now you can't other than hopping onto the little slip of sidewalk that's there it's difficult to get from 275 uh back to 261 so our goal is um to create Vista from the parcels um we have Christine marigliano was in the audience she's chairman of the open space uh committee her motto is Vista Vista Vista so um that's our goal too it's great to have her here tonight we're going to be anxious to speak with her concern yeah okay go ahead um and and really being respectful of the uh conservation uh Natures the plans have made it through the Conservation Commission the set of plans that was included in your packet um are the plans that were reviewed and approved by the conservation commitment uh committee sorry uh as uh a notice of intent so uh Nate's going to walk through the plans for the Park a little bit and then he can talk just give you a little overview it's a little bit of extra information on this um really great project the relief is just the N9 use in the recreation and then relief for the um the the age of the plans one thing I would note is that with regards to the age of the plans so we've had this uh plan done up by our engineering company Coastal Engineering now tyin Bond but the parcel that we're looking for relief from is a town-owned parcel between the two others um so it's that Center parcel which I think is a good Factor when considering and that's between the Rascal's property and the Yankee Village property it's it goes so left to right is uh Rascals was Rascals was Rascals and now it's called chasebrook Park that was the land right and then we have uh the center is uh 275 that was the Yankee Village and then the parcel to the east is MIL Creek Park and that's the 1750 house okay okay all right very good all right so um So currently uh the Yankee Village Motel has been demolished um as we know uh and what we have is wood chips with a brush growing up between it and a very healthy or unhealthy Grove of frag mtis which which is choking the the entrance um on the the Chase Brook Park this is Chase Brook which divides former Yankee Village from the from the Chase Brook former Rascals and uh what we have here is is a you know a parking area the the the paths are now aging they're cracked there's Roots underneath them they're uneven um there the the the view deck has um vegetation so it's blocking part of the view so that's something that we need to correct um and on the the mil Creek Park it's some of the same things it's we have the the the paths are are need some maintenance and we have a again invasives along the shoreline and throughout the path throughout the park uh uh in the paths again also so this next is a drawing of of the the new the new Park concept and highlighted in yellow you can see basically are the de sheds this is again the jaas Brook Park Side or marasal with the Overlook um and we're highlighting one of these These are areas our viewsheds that we're highlighting um to look out into mle Creek um same thing on the Yankee Village parcel there's a a seating area where some stones will be placed um be able to look out this way and then also in the the mil Creek Park again another view shed this time some seating that's placed back and the uh the Overlook can I ask you about that view shed yeah and and if can I ask excuse me Mr chairman I did make um copies of the plan that Nate's sharing because I think it's probably hard to see should I just hand them out to you guys or that' be great yeah thanks we'll just wait for these a question while we're on that is that difference in this page that was in I'm sorry is that different than this page no it just has the Highlight for the view sheds that makes it yeah the lines are there but yeah now relative to these view sheds that we're talking about I'm seeing these yellow marks they appear to come down into they're cone shaped and they go from wide to narrow so is it fair to say that for instance right here the only view you have is right here no no no no no my my understanding is the view sheds are completely unobstructed views and So within those views we're going to remove all the invasives we will do Vista pruning as well so if there's any low branches um we'll be able to trim those away and I think that was all part of the uh Conservation Commission approval the overall view to the site and um the overall site it's not going to be cleared I mean the important thing to remember with this project is it's it's not like the public gardens in Boston it's not a green uh manicured park that's going to stay that way um the idea here is to eliminate the invasives put in some native species that are low maintenance and low low uh lower growing species low how low um I don't know how low off the top of my head I think it's it's varied but you will be able to see the water and particularly along that space between um where 275 is where the Yankee Village is when you drive by today I think you you look and you're like uh cuz it's been like that for so long but you also see the fragm mites and so I think the most important thing to to note to yourself is that that frag mides will be gone that's a big goal for this project um you know you can see an example of this right now at um we we've got a you know the starts of a very good invasive species Management program where we've identified Parcels throughout town this will be one of those once we get all our permits and get the funding for this um but if right now we've started on uh a project that's looking at the invasives that's on run pond Road in South Yarmouth right near the beach and you can see the very first step now eliminating the fragm mites eliminating some of these invasive species it's it's an iterative process so it you know they will come and cut it it will grow it will be treated it's very very labor intensive um there's a a three-year process it's labor intensive but when you do it right and you stay on top of it the invasive species really can be managed quite well um run ponds at the very beginning of it years ago we did up at Taylor Bray Farm as another example um right along the um the the uh my gosh the boardwalk that americor built and off to the sides there was a lot of fragm myties um we need to do a little bit of Maintenance up there now and we're trying to expand that viewshed but it worked great um I think that you will be able to see the water from the road you'll be able to see better kind of everywhere in particular you'll be able to see much better at 275 I liken it to when you're walking around you know if you drive down a place like Indian Memorial you you can see the water from quite a distance it's not just water that you're seeing but you're seeing water through the trees and I think that you'll be able to uh capture some of that feeling uh much better uh with this park being developed I I I see chasebrook Park when I take that in particular I think you look through there and I don't really see the water at Chase Book park is there I think it's quite overgrown there's a lot of tall trees um and many of them are they're not native so they've got to come out um so there's a plan to get them out of there and and open that up yep yes I think that a lot of what you see there are I'm not the uh the best at trees um they're white poppers okay and the white popplers are really um kind of heavy foliate foliage um and you see some of that we will be planting Gray Birch which is another one and the gry Birch needs to go in I had a meeting with Britney di Renzo our conservation administrator wasn't able to join us tonight but um you know she she made note to me the gry Birch is necessary it's there for Bank stabilization so it's you know not just for the pretty it's there for the function um and that's how we try to choose the plants and they have foliation up top right but tend to be um you know give you good view lines through the trees themselves I think originally when this town when this land was purchased it was with the idea and the understanding that it was going to open up these views which I think people were excited about when they approved these I don't think that that's happened since the purchase so I'm glad you have that in mind I would uh be inclined to recommend any relief that we give you tonight our conditions that views are maintained and that we have a review of this to see if that is actually happening and that would be sometime after you open the park when are you planning on doing this work and how soon do you think it would be completed yeah we'll get to that yeah that's right um that's I could jump into I know this is kind of back and forth but I'm sorry go ahead sure um well I just wanted to mention a few more things you you've got these the the the P now instead of the asphalt that's that's broken cracked and things if they kind of wind lazily around the park um and they'll be ADA Compliant so it's stabilized aggregate um and the you know one of the really The prominent features here is the pedestrian bridge it's it would be as Karen mentioned you would to to be to get from uh the the bottom end of chasebrook park over to the Yankee Village you'd have to come all the way back and around this basically allows you um access along the Waterfront which which is a big step towards the continuity how long is that bridge just out of curiosity oh let's see I don't I don't off the top of my head it's I just what's this yeah 20 maybe yeah 20 foot SP maybe I'm just trying to compare it to what we're trying to do at the golf course that's why I was trying to understand what it's going to be okay um yeah it could be 20 or 25 Happ get you a picture too has a has a 5ot uh basically we've got a 5ft opening uh which is required by conservation um yeah height height and width it height has to equal width is what I remember that's what you told us right so and this bridge too it needed to be the span was dictated too um with the permit permitting excuse me on what you can do through it so if if you could kite K through it we're not going to have the kayak launch but that's the presumption it needs to be high enough to handle someone in the kayak with the with the uh the tidal flow mm okay so the uh Native so um Karen mentioned the the invasive species which are predominantly the ragm but we have them all over the place um these uh Native drifts of plants are proposed in various areas and and they're intentional drifts and the reason for that is that uh native plants tend to look messy when after a while where they um because they're natural and but by planting them in in discrete drifts um with some signage as to what they are uh it gives it more of an organized feel um but still you know a natural uh part and then did you want me to go to what was your your question was timing timing yeah what you planning on doing this right okay so as soon as we can after we're done with permitting we yeah weting taking permiting takes a while yeah okay we were in design in 2023 um we're in permitting right now and that is going to take the bridge alone can take uh six months or longer yes yeah that's optimistic you know we're we're looking that the Massachusetts DPA uh the environmental notification form and environmental impact P report certificates re received from EA we looking at October 2024 um cap C commission I think I think the last permit the the this I think Jay mentioned the bridge um is the longest and I think it's like an Army Corps Engineers permit and a chapter 91 September 25 September 25 25 and then and then oh by the way we're we're looking for funding for the project as well well so um so we know it'll take a while it'll take a while yeah that that's fine we have no problem with that you know how long it'll take once you start you're targeting September 25 that's what you're saying or you're starting September 25 uh yes hopefully hopefully we could start the work uh in September October 25 a lot of the invasive species work is time sensitive and that it it is supposed to occur um at a certain point in the growing phase of the plants and I think it's like fall and winter um which is kind of you know good example is that run Pond work that I mentioned you can do that right now though right um we could if we had funding where are you getting your funding source we've been looking at uh various grants um we have um kind of some onhand funds it gets tricky with this project because there's three separate Parcels there's three separate Parc parcels because they were acquired in different ways and have different restrictions on the funds and uh the types of Grant funds that could be applied where um so we're looking for funding through various State programs um we will uh look to the town for additional funding through the capital budget process as well as the community preservation funds any are you accepting donations we would like to are you got your wallet we're absolutely looking into that and um that's just an important uh point to notice so I'm glad you you brought that up John um the chasebrook park in particular had a number of donations um that helped to make that project feasible at the time that's the 261 where uh The Rascals was and I just want to make sure everybody knows we're going to you know find a way to incorporate um mention of all the previous donors there's some more substantial things in there there's a you know some um you know beautiful stones with brass plaques on them there's a flag pole um that type of thing so we're going to incorporate those in but yes we're going to be working on the donation angle as well okay good the High Park civic association has is planning is helping us has offered to help us with uh signage and historical use and things that'll be fun to look at while you're mandering through the park it doesn't sound like you're really going to be opening it until 7 or so probably not because we'll have to that's correct Jay yes okay um all right so uh if you have nothing further I'm going to go to the board for questions Anthony do you have any questions I don't um I've read through the package and that was a very thorough um explanation so I I appreciate that I don't have any questions okay questions I don't have any questions look forward to it yep John I think it's a great project I saw the presentation was it a couple weeks ago or you guys had a meeting here yeah so I saw that and I watched that and it was very informative and it was well done so um yeah I knew this was this was coming up so but I I think it's a great project really do thank you Jay any questions uh yeah just the bridge we think we've covered that second one in town second one in down we're trying to get through anyway um but uh no I think I did want to make a comment that I think the plans that they provided are adequate um then I think there's a bigger plan somewhere here isn't there yeah I know there was asked for a waiver but I I think these are adequate I would support these the plans just weren't done by a um register they don't have a a a professional land surveyor stamp we have a PE stamp on them a professional engineer but I'm I'm what I'm saying I'm comfortable with those as far as that part of it goes I mean I think it's going to be a wonderful like to see it done sooner but uh me too I know what the I know what the I know how hard it is to get the permits done yes I didn't have any other questions okay is there anyone in the audience that wishes to speak in favor of this petition please come to the microphone identify yourselves and I'm Christine marigliano I'm chairman of the open space committee been working on this since 2017 when the town first came to open space um went to town meeting in 2019 and I asked for your approval so we can uh proceed to continue in its project okay thank you very much okay sir I am Christopher Wilson I own and operate the cranberry farm right across the street from the parks um I definitely approve of this and hope it goes through okay it's a the mil Creek is a gorgeous place to see sunsets and especially in the fall and winter and this would definitely enhance that all right thank you very much thank you is there anyone who wishes to speak in opposition to this petition seeing none anything else you'd like to add okay we're going to close it to the public and open it up to board discussion um are we pretty much in favor of this everybody thinks it's a good idea I think so too yeah I think we're all in favor but I think the concern that I have is that we we create and we maintain Vistas and views of the water so what I would like to see in any decision is a condition that you must maintain open views to the water and if that requires you to plant whatever types of plants you want to plant they must be low growing and not grow up and block The View if you do block The View you must return to this board um and that is for the entire park so that I would like to have a review of this one year after you are finished which could be some years down the road but you know hopefully sooner rather than later I I think we're all in favor of what you're doing I think it's going to be beautiful um but I think there was an understanding when this property was purchased that when you drove down Route 28 we were going to look at the water I think everybody wants to do that but you know it's can be difficult to get there so um if we make it a condition that'll just give you more incentive or whoever handles that I don't know who does handle that uh to make sure we plant low growing species that don't grow up and block The View and if they do they must be replaced with something that maintains a low growth okay is that acceptable as a condition the board in agreement with that yeah do we have a motion to that effect be looking at the road Anthony do you agree with that I do yes okay I'd like to make a motion to include that as a condition we approve the special permit as requested yep with only that one condition okay do I have a second to the motion a second any discussion hearing none all those signify by saying I I I I any opposed hearing none that passes unanimously as you are probably aware uh the decision must be drafted then it's filed with the town clerk 20 days must elapse that's a technical appeal period I don't think anyone's going to appeal it we saw no opposition after that you'll get your special permit uh I believe you have to record that at the registry of deeds and please return a copy to Dolores for our records Dolores you should you should be able cretive assist person who really you should be able to get that before the bridge permit yeah I'm sure thank you very much and best of luck have a good night you too do you want to put that again want to call back you want to call back and make a dog condition John wants to bring them back and make a condition that the dogs can go in there oh just think of the same thing I think we better go there we don't want to cause a stir okay clean up all right moving right along uh our next petition is petition 510 greenbird landcaping Rodrigo EP finario president um property location 11 Corporation Road yarmouthport Mass it's in a B3 zoning District as well as the APD the applicant proposes to construct a 7,000 ft commercial building containing six units 14 parking spaces new storm water management system septic system Landscaping lighting and Associated grading and utilities the applicant seeks a special permit Pro 202.5 is allowed by 406 for the use of a contractor yacht in a B3 zoning district and an aquafer protection protection overlay District the applicant also seeks a variance from 301.410 to wave the requirement that the driveway shall be comprised of two travel Lanes not having more than 12 ft nor less than 10 ft in width a variance from 301.4c containing a business or industrial use shall include a 20 foot wide buffer along those boundaries of the lot which are adjacent to a way a variance from 301.4c to wave the requirement that Lots in the B3 District containing a business or industrial use shall include 10 foot wide buffers along the boundaries of the lot not adjacent to a away and a variance from 203.50 to wave the requirements of a minimum 30 foot rear setback I think we got it all good evening gentlemen could you identify yourselves for the record please good evening and thank you Mr chairman for the record my name is Patrick Nickerson of the law office of John W Kenny I'm an attorney seated to my right is Brian Wallace of Edward pesy and Engineering Associates and then to my far right is Rodrigo epifano the president of greenbird Landscaping Inc but that's not all we also have in virtual attendance uh the principles of our employers Ed peshi and John Kenny they are here not only for to provide moral support but maybe uh contributing as well parts of the presentation if there's a hand raised or uh some signal from the screen please uh take up their input I i' I've got faith you're going to be able to handle this one just fine well thank you very much um go ahead so before I turned over to Brian to walk us through the site plan Etc and the technical plans I I just wanted to introduce greenbird Landscaping Inc The Entity and and this is a a family-owned harage based business that's that's continued to grow since it was founded in 2010 by Rodrigo and his wife shelder presently there are 14 employees um and as a result of the business growing uh they're seeking to make yarma their new principal place of business specifically at 11 Corporation road which is presently an undeveloped and I would submit underutilized parcel of land in B3 District because of its location in the B3 District a contractor's yard does require a special permit uh as well as it being located in the aquafer protection overlay District given the proposed use and given the proposed storage of hazardous materials which will assist greenbird Landscaping Inc in performing its so-called client facing Services offsite so we're here essentially seeking permission for uses on site to assist the business in providing Services offsite those those offsite Services include Landscape Maintenance hard Escape construction irrigation system installation irrigation service and then in the offseason snow plowing uh on as needed bases and of course weather permitting uh presently um uh okay so so uh Greenberg Landscaping Inc has been developing this plan for for quite a while it does have a certificate of appropriateness from the old Kings Highway District committee that's been submitted in your materials as well as elevation plans and renderings of what the 7,000 proposed 7,000 foot proposed commercial building would look like if it meets your approval this evening and then as more detailed in Carl Lawson's memorandum which is is again included in your packet a number of onsite proposed uses have been vetted by the Board of Health and received unanimous approval from the Board of Health on April um well or the the the date escapes me at the moment but it's in the memorandum that um to to you dated April 8th that uh we did this we saw that you uh yeah you obtained that may have been April 1st actually that's fine the thank you we'll be incorporating this in any decision so we I believe all the board members have read through the memorandum which is standard for us okay I I'll skip over those on proposed on-site us that's fine thank you um in which case I'll turn it over to to Mr Wallace for reviewing the proposed site plans um it's come out perfect all right stand up by the board here all right uh thank you Patrick um So the plan uh itself uh will entail a uh six contractor Bay style building here um on this slot uh the site will be accessed off Corporation Road up here at the top um and a driveway uh 16t paved driveway uh with a 1ft stone edging on each side to allow a total of 18t uh traversable width along there uh will be your access point to the site um we're providing uh 14 parking spaces uh that was calculated based on zoning um intending you know uh I believe one space per two employees is what we uh were envisioning here um the uh site itself uh will include a few different utilities here uh storm water from the parking lot would be captured um the red pointer here uh with a uh infiltration Basin with a sedent 4 Bay um driveway runoff will be uh captured through that stone trench and enter a catch Basin here uh and then pipe to the sediment 4 Bay uh likewise this section of the parking lot will go to a catch Basin and that sediment 4B as well uh roof runoff will be captured uh with a a drain perimeter drain system and would enter one of two um dry Wells one here in the front of the building one to the to to the South um the site will feature an on-site septic system uh which as of right now is um conceptual in nature uh but for the purpose of of you know having this full sight plan um would be here on the north side of the building uh septic tank with uh a leeching field there um the uh other utilities include uh um natural gas underground electric coming from the road here running through the driveway along with a 6in water service line that would run from the road uh all the way up the driveway to a hydrant uh which was as a result of some consultation with the fire department um and then from there we would have a a service line running to the building um so uh I know Patrick will get into sort of the details with the the relief and one of those is the reduced driveway width uh and that that sort of has to do with the water M there uh being a request of the fire department if we had that reduced width we'd provide a a service line running all the way up to the driveway and a hydrant by the building right okay um we would uh I believe we can oh so I'll go back to this plan uh one other aspect of the site um is that we're providing Landscaping um sorry Brian I can go to the next slide for okay sorry I thought thought I was gonna work there yeah so uh so on the on the uh the east side of the site here there is some natural vegetation that we're going to maintain and that that sort of continues on a little bit uh to the south of the building uh we'll we'll maintain all that natural vegetation has one portion of the buffer um and then on the the the West Side north of the building here and by the entrance we'd be proposing that 10t um landscape buffer as required by Zone uh we're also providing uh sight lighting uh there are a few lights that would be mounted along the uh the building here wallmounted lights and then a few light posts uh that would help um add light to the parking areas and there would be no spillover um off of the site as a result of the lighting um believe that that covers a lot of the major site aspects um I'd certainly be happy to answer any questions but before that um I think I can hand it back to to Patrick to talk about some of the relief that we're requesting here okay before we we go just while we have you here does anybody have any questions for this gentleman could you go in a little bit more detail about what the um the Landscaping is going to be again like what types of uh yeah sure so uh going back here um yeah so the uh the primary uh screening method for the landscape buffer would be an emerald green Arbor uh those would be planted 10 to 15 feet in height so they'd be pretty established at the time of planting um and those would grow grow out and create a a continuous buffer along um these areas right here as well as the north on the North side I noticed that there are some arbores I think already there um they're very small and very distributed so is the intent to use that line as the as the as the place where you buffer would be yes and we look into um hold on a second as I've been in in in talk with the neighbors already so and Mr belinger which is number 17 so um in a discussion with him so I share the plan with him and our goal is to the trees from number 11 will be staggering of those trees okay so with the space where they have so when we plant our trees or we plant in the space they're empty so that way we'll create uh create a more uh better buffer from the view of the road okay you don't want to see all the fittings over in the other Steve's Place yeah and plus the trees that we are planting soice um it's larger than those in there yeah and then um on the on the East I think it's the east side yeah on the east side um I think there's houses beyond that so what are you putting on that side the east side which is I think the my biggest question uh yeah so so right here uh runs the the existing tree line um and we're our limit of work isn't going beyond that so we're maintaining that just going to maintain natural screen here yeah conditions or anything uh that that's that's I believe so yeah that's correct it's already pretty dense uh some large oak trees and is it all deciduous like it's it's is that what it is it's pretty much deciduous trees the leaf trees all it's all Native and the neighbor already has some um some Evergreens already um blocking on his side okay so and from our side it's uh basically the oak trees and some some low vegetation okay thank you thank you I got I have a quick question the drain AG um from the bay goes into a holding tank right so can you point out where that holding tank is and how big it is could have mentioned that one part of it uh so so on uh here's the detail of it um down below right right here uh so it's a 2,000g holding tank um that would be aligned with uh a it would have an interior liner as a double containment method um it's sized for uh about 500 gallons of daily flow which is um probably oversized for the use but in intending uh anticipating future tenants we oversized it a little bit so each Bay um could have a connection to this holding tank uh each Bay would have a floor drain at the center of it that would be piped to this holding tank each Bay has a 2,000 gallon T no sorry there's only one uh holding tank on the outside if you want to go to the the site plan yes there where is that um so the holding tank is located right there um and it has one line entering the building and then the interior Plumbing all of those would be connected to that one pipe leaving the building yeah thanks anyone else have questions for you thank you very much you did a great job Anthony do you have any questions for this gentleman uh I don't okay thank you thank you thank you Council thank you um so as as detailed in the memorandum which was submitted and included in your packet the lot U that we're interested in the property of 11 Corporation Road yarmouthport Massachusetts is shown as lot five on an approval not required plan that was recorded in the registry of deeds at book 618 page 18 in 2007 7 uh at the time of the uh creation the lot apparently did not allow enough room for business purposes without zoning relief in that sense the driveway neck which we've been referring to uh the top of the property here it's just not wide enough to have the required buffers on either side for business purposes and nor is it wide enough to allow the minimum travel Lane width in the B3 District so the lot even though the even though the use is allowed in the B3 District the shape of the lot in and of itself doesn't allow a business use absent zoning relief hence our requests for the variances um so we're seeking variances uh from section 301.4c related to the minimum driveway with that section has a minimum requirement of two travel Lanes each not having more than 12T nor less than 10 ft in width what we're proposing and and Brian please correct me if I'm wrong on this but we're proposing two travel Lanes each having a width of 8 ft and then each shoulder having a a one foot you could could say shoulder of crushed stone allowing for a total width of 9 ft so we're that's what we're proposing we feel like that's the best we can do under the circumstances of the shape of the lot that we're given and we're trying to meet the bylaw the spirit of the bylaw to the extent we're feasible that's the driveway that runs down that the long driveway that we're looking at right there correct correct that's the long very long driveway that comes down from you need 20 foot buffers up at the top you don't have that that's right we don't have that that's another form of relief we're seeking under Section 30149 I see okay I thought you just went over that one I apologize it in M no problem um so 30149 actually requires two forms of relief one for the 20ft buffer along the boundaries of a lot adjacent to a away those would be the two green spaces at the top near Corporation road we Prov iding looks like 10-ft buffer on the east side and then um something close to 10 ft on the on the West Side doing the best we can to allow safe sight lines and travel but also trying to promote an attractive streetscape um we're also seeking uh variance from section 30 1.4.9 for a second reason and that's to wave the requirement that lots and B3 districts containing a business or industrial use shall include 10t wide buffers along the boundary of the lot not adjacent to the way the areas we're referring to are the ones here if you watch the mouse cursor you know there's there's simply no wi at all for any buffer landscape buffers to be allowed here what we're proposing instead to do is on the Westerly side at a six foot tall uh privacy fence which will operate as a screen we feel like that's the best we can do and then there's really not much we can do on the on the on the easterly side here there is a buffer uh for the property at 17 Corporation Road and I think the best we can do under the circumstances is try to rely on this buffer for uh for for our purposes and trying to meet the bylaw there's just no room for other plantings those if even if those were proposed that would cut down on the minimum driveway width and create another problem more serious problem I'd submit so right now you're proposing eight for each travel Lane plus a 1ot gravel uh shoulder that I presume will be packed Stone so you can drive easily on top of that correct so you're basically nine instead of 10 correct okay correct everybody understand that okay and the uh you don't have the 10-ft buffer which you need on either side of that driveway running down MH and they they really can't get that no okay so okay so that's three forms of relief and your last one is the rear last one relates to the rear setback if I could zoom in this was something that did not come up at site plan review but after the Building Commissioner raised it I turned to section 500 of the bylaw and I I must admit that this I believe this rear boundary here to the South does qualify as a rear boundary line um so just to refresh our memory for how we Define boundary lines um section 500 defines a front lot line as the boundary line separating street from lot in this case we submit this is the front boundary line it's a single line separating the street from the lot the side lot lines are those boundary lines connecting the front and rear lot lines and then the rear boundary line connects the side lot lines farther from and approximately parallel to the front lot line so initially at site plan review this Westerly boundary was viewed as the rear lot line after further consideration it appeared that uh the southern leap bound was more further from and more parallel to this front lot line hence the determination this was a rear lot line and then when you zoom in and see the fine detail it's showing a 26 1/2t setback here which is 3 and 1/2 ft short of the required 30 ft um but also we're contending with a 50ft setback from the residential Zone which we are meeting and in excess of that showing 53.2 feet um you know while also not disturbing the the rear buffer so you know to to potentially all right so youve mitigated that a bit Anyway by by moving that forward this south of the of the property itself is is that town land down there it is townland um this afternoon I actually did tried to do a little research on the history of that parcel and it's showing as a foreclosed property according to the Assessor's Records in 1980 it's a fully wooded lot yeah and then according to the the assessor records the the previous owner en title was a John Doe so we're not quite there's no book or PID page references either so I'm a bit of a dead end um but there's a note on the Assessor's record and I I can have it in case you're interested to see it but there's a note on the assessors that says it's a landlocked parcel could could suggest I don't think anybody could ever do anything with that could suggest it lacks the the requisite Frontage to be a buildable lot yeah yeah it's my impression I don't even know if you could get to it with a road M yeah I don't know how you'd run a road in there cuz you're going to back right up to the highway aren't you somewhere over there I think so it's okay all right so everybody un understands the form of relief okay those those are the five things there those those are the variances and then the special permit of course is pursuant to section 202.5 as Allowed by section 406 to allow the contractor's yard and the B3 zoning District as I mentioned earlier this proposed use has been well vetted by the Board of Health and Carl L and we've worked with them for months to refine our proposed uses it was unanimously approved April 1st and recommended to this board to approve it um and we feel that we meet the spirit intent of the bylaw section 202.5 and section 406 and that the property won't create an undo uh nuisance or Hazard or congestion and it and we are uh substantially protecting the aaer given the proposed safeguards we have the spill plan the the holding tank with geom membrane and uh as well as the emergency spell response plan that's been developed further I would just note that it's the intent for greenbird Landscaping Inc to occupy two of The Bays those being Bays five and six here potentially leasing the remaining other four Bays to other tenants the reason we're not pursuing a condominium form of ownership is we suspect that business will continue to grow and over time perhaps we need more spill over to other Bays um but as noted at the site plan review sheet each individual tenant is going to require their own certificate of occupancy so before anyone else can occupy any other Bays they'll need they'll be subject to the same regulatory approval uh with either the Board of Health to the extent they're seeking similar uses as us and and and for you for certain zoning relief so um I'd also just add it's our intent that in the event that uh all approvals are obtained and we're in a position to close on the sale it's it's under cont presently an entity like an LLC would take title to the land Corporation would rent from the LLC I don't think that's a material matter before you but just thought I would I okay thank you and I would note that we do have a memorandum from the Board of Health Mr Carl E Lawson Jr uh the date on that is April 8th 2024 it appears that this uh project has been well vetted and I I presume that all of the members have had a chance to read through this uh it contains a list of the uh toxic chemicals that will be stored on the property it's above the uh ordinary household uh use amounts um they have them all listed they have them listed as to how they will be stored what happens in the event of an emergency um we have uh recommendations from him on page seven which I would recommend that the board incorporate into any decision in fact I we normally and we I believe will tonight incorporate the memorandum itself and all of its recommendations and representations made um was one thing here um they did mention that the zoning requirement might be necessary to exceed the Quant ities that they have is that something we have to as an condition also so I've reviewed that with the Building Commissioner that specific subsection of the bylaw I think you're sing to what did he say about that well he he said that the citation to section 406 is sufficient my reading of that specific subsection is a requirement uh needed for applicants who are approaching the Building Commissioner seeking a determination of special permit non-applicability so if you're going to the Building Commissioner in the aquer Protection District to convince the Building Commissioner you don't need a special permit that's one of the requirements you need to show The Building Commissioner we're not here positing that we don't need a special permit the opposite so so citing to 406 generally is sufficient for for our purposes okay I agree with that all right and you're adhering to everything the Health commission absolutely we've reviewed those conditions and are acceptable to them there there were a couple site plan review comments uh one was later retracted and then one was kind of rendered moot as a result of the Board of Health you know which which was which there was two comments um one comment from the Board of Health indicated that a variance would be requested that that comment was later retracted by email and I provided a copy of that email in your packet that's exhibit 8 this was a Board of Health comment this was a Board of Health comment at site plan review from last October and the Board of Health comment was that Board of Health variants will be needed and the comment was retracted uh the same day and I provided an email to your file it says I'll read it into the record if that's helpful it says after a further discussion with Mark and Jay it was brought to my attention that you will not need a variance from a Board of Health thank you and then it's signed from the person who sent the email uh another comment from Board of Health in the site plan review comment sheet which I suggest has been rendered moot is a just a blanket prohibition on vehicle washing yeah uh the Board of Health we've presented that request to the Board of Health they've unanimously approved it so that you're going to contain the water and capture it and all that type contain it in that 2,000g tank pump it from a septic collar track the records provide those records available uh yearly for licensing requirements for the Board of Health it won't cause any the memorandum and that is a requirement anything in the memorandum is a requirement of and a condition of the uh special prent Andor Varian thank you leave uh any other questions for councel Anthony any questions for Council I know thank you okay anything you'd like to add further at this time um no I unless there are other questions I think we've about covered it okay thank you any further questions from the board at this time hearing none is there anyone in the audience that wishes to speak in favor of this petition if so please come to the microphone you identify yourself please sir sure uh Dan oela down capap engineering I'm tangentially involved I helped add pass out with the um some surveying on the property but um if there are any questions to me I have a good institutional knowledge of the area and I would just like to point out that the buffer variances aren't completely um unknown in this area uh ship shops who was to the Southwest I was granted that they didn't need a variance and I think in this case the variance that he's providing to the the easterly butter is much more important and bigger and uh I think that the board could find their way to a variance in my humble opinion thank you okay all right thank you very much Dan anyone else is there anyone who wishes to speak in opposition to this are you going to speak in opposition [Laughter] to the the property owner has got about 15 signatures in favor okay I don't know if we should submit them or not but I don't think you'll hear any opposition okay that's fine thank you all right so uh if there's nothing else you'd like to add we're going to close it to uh the public and the petitioner unless the only thing I might add is just I did I was provided to copy the signatures from Mr sarth I failed to mention them um we'll take them into the uh we'll take them into the record that's fine thank you going stamp that for me J sure we'll make that exhibit one thank you okay um all right so um anybody want to begin a discussion or would anybody like to make a motion I I I think that that the shape of the lot obviously dictates I would say mostly everything they're looking for which is unusual well not unusual here but in this location but uh I don't see any other way that they would be able to get adequate use out of it without uh without the driveway limitations that they have so I think it's a reasonable request given the shape of the lot and um and I would be in support of the uh the mo to make a motion okay Anthony what are your thoughts yeah I think the presentation um laid out precisely what are uh the application that we have to apply for the request and relief that they've asked for and um while you know generally speaking thinking about the safety concerns and um you know for having the driveway and the width and and whatnot seeing the long background of this property and the vetting that's already been done um I think they've done a particularly good job at explaining and getting to the process where they need to be before us okay thank you Barra no I just think it was a good presentation I thank you for that I kind of explained things to me so thank you John I'd agree I think they've done as much as they could with that that lot you know and they've done a good job I think uh you know it's a good project okay uh and I agree with Mr oela that we have granted belief in this area for not having the requisite buffers um I don't think there's any other way that you could do it here um I think it's a reasonable request myself I do think you meet the criteria for the variance I think it's O to the shape I think it is a hard I think a literal enforcement of this bylaw would create a hardship I think it's owing to the shape I don't think that we're going to dagate from the intent and purpose of the bylaw by granting you relief I think this is the highest and best use of this property as well where it sits in the B3 district and I think it would be unfair to the petitioner as well as to the present owner if we were not to allow some relief for this I think when it was developed I think it was intended that in some future fashion relief would have to be addressed and I think what you presented here tonight is most reasonable um so I think you meet the criteria for the uh variance I also think you meet the criteria for the special permit I certainly don't see any undue Hazard nuisance of congestion by granting you the relief you have good buffers in the back from the residential district um you're certainly not going to disturb any of your neighbors they're all in an industrial use all the way around you um so it is fitting for what you want to do here I think the property that you are presenting here is going to be very very nice you're going to do a good job and I think you'll be a very good neighbor to everybody so I think you meet the criteria um I think what we should do is take this in two parts I think we should make a motion to Grant a variance but I think we can grant a variance for all requests all four of the variances at once I don't think we have to take them individually because I think all of the criteria for each one of the variances apply equally a special permit for the use the special permit would be for the contractor use uh in a B3 District that's what the special permit is for so do we have a motion for the variance relief um I'll make a motion to approve the variance relief requested um and that's all four Varian is correct for all four variances as presented as presented we have a second to that I'll second any discussion on the motion hearing none all those signify by saying I I any opposed hearing none that passes unanimously special permit relief do I have a motion for the I'll make a motion to approve the special permit relief for as requested for the contractor contractor space okay uh second to the second any discussion uh before we take a vote I do want to as a condition will make it a condition of the special permit prob could have done it on either one of the variants to incorporate the memorandum of Carl Lawson who does a wonderful job and we can't thank him enough uh for providing us with his expertise and walking us through these uh technical subjects that we really don't know anything about so we look to him uh and he's been doing that for a long time as the Board of Health has in the past um so I would like as a condition to uh incorporate the memorandum as well as all the requirements in the meand memorandum dated April 8th 2024 is a condition of the special permit so moved second second all those in favor please signify by saying I I I any opposed hearing none thank you okay as you uh are aware there's a 20-day appeal period after the decision is drafted and stamp with the town clerk you must then take that over to the registry of deeds record it and bring a copy back to us working on that promptly and send it to you have a draft decision for uh not not quite ready uh no that's fine whenever you get it send it over to Dolores and uh she'll send it off to me and uh I'll take a look at it we'll get it signed and then we'll uh get you guys going thank you very much all right good luck with the project thank you very much appreciate it thank thank you for your time thank you thank you no minutes so I make a motion tojn you better S my boy I motion to adjourn we have a second second okay all in favor please say saying I I hi okay Anthony thank you very much good to see you okay we'll see you again