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He said

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Yes.

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OK. Welcome to the

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00:00:12,754 --> 00:00:15,310
September 17th meeting of the Town of Scituate Zoning Board. The

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00:00:15,339 --> 00:00:16,318
Scituate Zoning Board strives

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to create an atmosphere of

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respect during

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meetings. We ask

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all participants

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to behave politely,

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even if

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disagreements arise. We

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value the participation of our

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community. We want

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all participants,

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including

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marginalized and

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minority groups, to

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feel welcome

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and respected. We

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ask our

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community members and all

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participants

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to adhere to these

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standards out of

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respect for our

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community. OK. The

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first application is from Satuit

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Marina Realty LLC, Meeting Street

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00:00:43,629 --> 00:00:45,768
Realty Trust, for the addresses 21

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Central Ave, 7 Marshfield Ave in

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Scituate. The applicant

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00:00:51,322 --> 00:00:52,122
requested an

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adjournment of the hearing

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. Elizabeth, what

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00:00:55,713 --> 00:00:56,799
date did they ask for

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the hearing to be postponed?

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By July of next

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00:00:59,184 --> 00:01:00,306
year, which actually

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means October 15th.

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I propose

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00:01:02,684 --> 00:01:03,902
to postpone the consideration of the

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00:01:03,902 --> 00:01:05,085
first application to

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October 5. Sorry. Who is "

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for"?

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Me.

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You will move on

48
00:01:11,392 --> 00:01:13,143
. OK.

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00:01:13,143 --> 00:01:14,670
Next up is our second

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00:01:14,670 --> 00:01:15,962
submission from Catherine

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Smerling of 25 Grove Street,

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00:01:17,411 --> 00:01:20,087
Scituate. We are seeking a variance

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to allow

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the construction of a

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single-family

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home that is of

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appropriate size

58
00:01:24,784 --> 00:01:26,116
on the lot at

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326 Grove Ave. It does not

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meet the requirements

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00:01:28,282 --> 00:01:29,481
for lot area,

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facade width, and

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lot width

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under sections 5.1

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and 6.2 of the

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zoning law. We

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are seeking such other

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relief as the council may

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deem

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necessary. Is there

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any other evidence for the

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record? Uh

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, here. Judge

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DeLucca and attorney

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DeLucca and Harris

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represent the

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00:01:46,019 --> 00:01:47,030
applicant, Catherine

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Smerling. Uh, okay.

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Therefore. I have glasses

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00:01:54,438 --> 00:01:55,726
. I'll just do it

81
00:01:55,726 --> 00:01:57,424
without my glasses. So, uh,

82
00:01:57,424 --> 00:02:00,474
the property

83
00:02:00,474 --> 00:02:02,205
is located as you

84
00:02:02,205 --> 00:02:06,447
indicated, 326, as far as

85
00:02:06,447 --> 00:02:07,787
I know, I spoke to the

86
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clerk about it. I

87
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think I am the first

88
00:02:10,398 --> 00:02:11,581
application for a derogation from the

89
00:02:11,581 --> 00:02:12,645
rules that has come

90
00:02:12,645 --> 00:02:13,561
before you since the

91
00:02:13,561 --> 00:02:14,507
adoption of the new

92
00:02:14,507 --> 00:02:16,283
law. Am I right

93
00:02:16,283 --> 00:02:19,281
about this, or does

94
00:02:19,281 --> 00:02:20,474
it seem like there was one in

95
00:02:20,474 --> 00:02:21,734
front of us, but we didn't

96
00:02:21,734 --> 00:02:22,861
give way because we didn't

97
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think it was

98
00:02:23,955 --> 00:02:25,653
needed. So, we didn't

99
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have to give a

100
00:02:26,600 --> 00:02:27,714
concession because it wasn't

101
00:02:27,714 --> 00:02:28,288
needed.

102
00:02:28,288 --> 00:02:30,007
Okay, great. So,

103
00:02:30,007 --> 00:02:32,241
Yes.

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00:02:32,241 --> 00:02:33,042
I'll go by the

105
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standard of deviation

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from the rules so we

107
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can discuss this,

108
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but here are a few

109
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facts. I think I

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should remind the council

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00:02:41,302 --> 00:02:42,416
about this property.

112
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It has already

113
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been considered by the council

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before. So let

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me do it now

116
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. Er, er, the property

117
00:02:50,547 --> 00:02:52,086
is located in the R3 zone,

118
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right? It's not

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in

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any zoning

121
00:02:55,990 --> 00:02:57,058
district in Humarock,

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right? To build a

123
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single-family home

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on a lot in the R3 zone,

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Article 610 of the

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zoning regulations requires

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the lot to be

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10,000 sq. ft. feet and a

129
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frontage width of 100

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feet. This property,

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the lot itself, is not

132
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up to code,

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as it was marked on the

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1940 Land Court plan

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as

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having about 7,600 sq. ft.

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feet of floor space and a little over

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50 feet of

139
00:03:34,439 --> 00:03:36,124
frontage. Therefore, it has

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not met the

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current

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standards regarding the area and

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width of the facade since

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its

145
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creation. By the way, as a

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side note: this plot is

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very similar to others in

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the area; and when I

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looked at the

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land records plan,

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specifically the record for

152
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this property, there

153
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were at least 75

154
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lots

155
00:04:02,374 --> 00:04:03,789
about 50 feet wide and with 50-

156
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foot frontage. So

157
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in this particular

158
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area, it's probably

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more common

160
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to find

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00:04:15,151 --> 00:04:15,987
plots that don't

162
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meet the standards

163
00:04:17,242 --> 00:04:18,271
but have houses on them

164
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. So,

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for about

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three-quarters of a

167
00:04:23,965 --> 00:04:24,873
century, a residential building stood on this

168
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site

169
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. This is an

170
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existing house

171
00:04:29,054 --> 00:04:30,374
that does not meet

172
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modern standards and

173
00:04:31,618 --> 00:04:33,052
dates back probably to the

174
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late 1940s.

175
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Its nonconformity

176
00:04:36,590 --> 00:04:37,790
is that it

177
00:04:37,790 --> 00:04:38,329
was slightly

178
00:04:38,329 --> 00:04:39,289
out of

179
00:04:39,289 --> 00:04:39,949
size on the

180
00:04:39,949 --> 00:04:41,088
north side, but

181
00:04:41,088 --> 00:04:42,888
otherwise met the

182
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setback requirements. Specifically, I

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00:04:45,888 --> 00:04:47,305
think it was

184
00:04:47,305 --> 00:04:48,761
5.2 feet from the

185
00:04:48,761 --> 00:04:50,021
right margin

186
00:04:50,021 --> 00:04:51,774
setback. In the 8-foot

187
00:04:51,774 --> 00:04:55,385
zone. As I think everyone

188
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here knows, because we've

189
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discussed it

190
00:04:58,032 --> 00:04:59,433
before, in 2012

191
00:04:59,433 --> 00:05:00,873
there was a fire on this site

192
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and the house

193
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burned down. After three

194
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quarters of a century. It

195
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was a category 3 fire

196
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that spread to

197
00:05:10,909 --> 00:05:13,189
two neighboring houses.

198
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All three homes were

199
00:05:14,453 --> 00:05:15,617
occupied at the time of

200
00:05:15,617 --> 00:05:17,964
the fire. A firefighter from

201
00:05:17,964 --> 00:05:18,862
Marshfield was

202
00:05:18,862 --> 00:05:19,983
seriously injured and

203
00:05:19,983 --> 00:05:20,816
had to be

204
00:05:20,816 --> 00:05:22,098
urgently evacuated

205
00:05:22,098 --> 00:05:24,244
to Boston. Two

206
00:05:24,244 --> 00:05:25,402
other firefighters from

207
00:05:25,402 --> 00:05:26,121
Skythwaite

208
00:05:26,121 --> 00:05:27,341
were taken to hospital

209
00:05:27,341 --> 00:05:34,083
with minor injuries.

210
00:05:34,083 --> 00:05:35,245
I was informed that

211
00:05:35,245 --> 00:05:36,440
this particular fire

212
00:05:36,440 --> 00:05:37,345
caused a great deal of

213
00:05:37,345 --> 00:05:38,508
suffering to the

214
00:05:38,508 --> 00:05:44,166
property owner at the time.

215
00:05:44,166 --> 00:05:46,220
Of course? He was

216
00:05:46,220 --> 00:05:47,312
upset that

217
00:05:47,312 --> 00:05:48,436
his neighbors' property had

218
00:05:48,436 --> 00:05:49,239
burned down, people

219
00:05:49,239 --> 00:05:50,524
had been injured, and

220
00:05:50,524 --> 00:05:51,777
his own house

221
00:05:51,777 --> 00:05:55,920
had been destroyed.

222
00:05:55,920 --> 00:05:57,144
As I understand it,

223
00:05:57,144 --> 00:05:58,240
and this is probably well

224
00:05:58,240 --> 00:05:59,433
known in the area, he

225
00:05:59,433 --> 00:06:00,658
required medical

226
00:06:00,658 --> 00:06:01,753
attention for a

227
00:06:01,753 --> 00:06:03,043
very long time in the

228
00:06:03,043 --> 00:06:09,298
hospital. Ahem. And

229
00:06:09,298 --> 00:06:10,815
after that, in 2020

230
00:06:10,815 --> 00:06:11,982
, the property was

231
00:06:11,982 --> 00:06:12,993
sold to my

232
00:06:12,993 --> 00:06:14,901
client. It is likely that

233
00:06:14,901 --> 00:06:15,818
the proceeds from this

234
00:06:15,818 --> 00:06:16,576
sale were

235
00:06:16,576 --> 00:06:17,524
used to

236
00:06:17,524 --> 00:06:18,725
support the medical

237
00:06:18,725 --> 00:06:19,641
care of this

238
00:06:19,641 --> 00:06:20,905
individual, who is continuing

239
00:06:20,905 --> 00:06:24,513
treatment. So, a

240
00:06:24,513 --> 00:06:25,806
few years

241
00:06:25,806 --> 00:06:27,209
after the fire, 3

242
00:06:27,209 --> 00:06:28,576
years later, around

243
00:06:28,576 --> 00:06:29,610
2015,

244
00:06:29,610 --> 00:06:30,644
most of the

245
00:06:30,644 --> 00:06:31,974
foundation

246
00:06:31,974 --> 00:06:33,678
was removed for safety reasons. There is something

247
00:06:33,678 --> 00:06:37,286
left. Um, there was a large hole

248
00:06:37,286 --> 00:06:38,386
left in the ground

249
00:06:38,386 --> 00:06:39,349
that

250
00:06:39,349 --> 00:06:40,380
contained parts of

251
00:06:40,380 --> 00:06:41,721
the structure and the old

252
00:06:41,721 --> 00:06:46,453
foundation wall.

253
00:06:46,453 --> 00:06:47,588
Matt, I see you're

254
00:06:47,588 --> 00:06:49,063
looking at your photos,

255
00:06:49,063 --> 00:06:52,014
because what I'm saying is that hole in the ground and the

256
00:06:52,014 --> 00:06:53,112
foundation wall that are

257
00:06:53,112 --> 00:06:54,549
partially left over

258
00:06:54,549 --> 00:06:55,874
from 2015, when

259
00:06:55,874 --> 00:06:57,273
my client bought

260
00:06:57,273 --> 00:06:58,409
this property, she

261
00:06:58,409 --> 00:06:59,733
was told that she

262
00:06:59,733 --> 00:07:01,019
couldn't insure

263
00:07:01,019 --> 00:07:02,079
the property because of this

264
00:07:02,079 --> 00:07:03,062
particular, um,

265
00:07:03,062 --> 00:07:09,074
situation. And so it

266
00:07:09,074 --> 00:07:10,325
happened that her neighbor

267
00:07:10,325 --> 00:07:11,408
was doing

268
00:07:11,408 --> 00:07:12,557
earthworks, they took

269
00:07:12,557 --> 00:07:13,403
the soil from there,

270
00:07:13,403 --> 00:07:14,249
filled in the hole,

271
00:07:14,249 --> 00:07:15,432
buried

272
00:07:15,432 --> 00:07:16,752
the remains of the foundation under themselves, and

273
00:07:16,752 --> 00:07:22,823
leveled the area.

274
00:07:22,823 --> 00:07:23,746
So, right now, there is actually still a partial foundation under

275
00:07:23,746 --> 00:07:25,957
the surface of the lot

276
00:07:25,990 --> 00:07:27,277
,

277
00:07:27,277 --> 00:07:28,300
as well as a septic

278
00:07:28,300 --> 00:07:29,323
system or

279
00:07:29,323 --> 00:07:35,790
filtration field. At the time of

280
00:07:35,790 --> 00:07:37,829
the fire, the zoning law in effect

281
00:07:37,862 --> 00:07:39,178
required that there be a

282
00:07:39,178 --> 00:07:40,066
provision that

283
00:07:40,066 --> 00:07:41,348
addressed circumstances

284
00:07:41,348 --> 00:07:42,368
where property was

285
00:07:42,368 --> 00:07:43,683
damaged by an

286
00:07:43,683 --> 00:07:44,834
accident,

287
00:07:44,834 --> 00:07:48,897
such as a fire. And

288
00:07:48,897 --> 00:07:49,645
this provision

289
00:07:49,645 --> 00:07:50,237
allowed for

290
00:07:50,237 --> 00:07:51,078
the rebuilding of

291
00:07:51,078 --> 00:07:52,325
non-conforming structures

292
00:07:52,325 --> 00:07:53,322
without a permit, as long as

293
00:07:53,322 --> 00:07:54,350
they remained

294
00:07:54,350 --> 00:07:55,285
within the same or

295
00:07:55,285 --> 00:07:56,220
smaller size of the

296
00:07:56,220 --> 00:08:04,489
foundation. But this

297
00:08:04,489 --> 00:08:05,792
reconstruction was supposed to

298
00:08:05,792 --> 00:08:06,805
be completed

299
00:08:06,805 --> 00:08:09,284
within 4 years. It should have been

300
00:08:09,284 --> 00:08:10,635
done in 4

301
00:08:10,635 --> 00:08:12,885
years. And this

302
00:08:12,885 --> 00:08:13,902
particular gentleman was

303
00:08:13,902 --> 00:08:15,024
obviously unable to

304
00:08:15,024 --> 00:08:16,357
do that

305
00:08:16,357 --> 00:08:20,952
because he, uh, was taking care of

306
00:08:20,952 --> 00:08:22,544
himself on his own. And in

307
00:08:22,544 --> 00:08:23,992
2022, after

308
00:08:23,992 --> 00:08:24,958
my client

309
00:08:24,958 --> 00:08:25,843
purchased this

310
00:08:25,843 --> 00:08:27,372
property, the

311
00:08:27,372 --> 00:08:30,416
zoning law changed. And

312
00:08:30,416 --> 00:08:31,933
there were a few changes that

313
00:08:31,933 --> 00:08:33,294
were, um, essential

314
00:08:33,294 --> 00:08:36,193
to this discussion. The

315
00:08:36,193 --> 00:08:37,526
first change is

316
00:08:37,526 --> 00:08:38,792
that the section that

317
00:08:38,792 --> 00:08:40,125
dealt with the

318
00:08:40,125 --> 00:08:42,492
accident and the 4-year

319
00:08:42,525 --> 00:08:43,658
fire recovery rule was

320
00:08:43,658 --> 00:08:44,858
completely removed

321
00:08:44,858 --> 00:08:45,691
from the

322
00:08:45,691 --> 00:08:53,351
zoning law. Instead, the

323
00:08:53,386 --> 00:08:54,328
zoning law provision

324
00:08:54,328 --> 00:08:55,618
contained in Section

325
00:08:55,618 --> 00:08:56,490
810, which previously

326
00:08:56,490 --> 00:08:57,292
stated that

327
00:08:57,292 --> 00:08:58,233
a property that is

328
00:08:58,233 --> 00:09:00,430
abandoned or unused

329
00:09:00,465 --> 00:09:01,755
for 2 years or

330
00:09:01,755 --> 00:09:03,081
more loses its

331
00:09:03,081 --> 00:09:04,441
compliance with the code

332
00:09:04,441 --> 00:09:10,260
. This particular

333
00:09:10,260 --> 00:09:11,152
provision has been

334
00:09:11,152 --> 00:09:12,172
amended in several

335
00:09:12,172 --> 00:09:13,824
significant ways.

336
00:09:13,824 --> 00:09:14,920
First, two years

337
00:09:14,920 --> 00:09:15,884
was changed to

338
00:09:15,884 --> 00:09:18,905
four years. So

339
00:09:18,905 --> 00:09:19,650
now there is no

340
00:09:19,650 --> 00:09:20,666
neglect or

341
00:09:20,666 --> 00:09:22,020
disuse, uh, and

342
00:09:22,020 --> 00:09:23,307
if the disuse

343
00:09:23,307 --> 00:09:24,322
continues for

344
00:09:24,322 --> 00:09:30,042
four years.

345
00:09:30,042 --> 00:09:30,889
Additionally, this

346
00:09:30,889 --> 00:09:32,075
provision was two

347
00:09:32,075 --> 00:09:33,363
or four years, or,

348
00:09:33,363 --> 00:09:34,719
sorry, was changed

349
00:09:34,719 --> 00:09:35,871
to four years from

350
00:09:35,871 --> 00:09:36,752
the date of entry into

351
00:09:36,752 --> 00:09:39,586
force of the law. This

352
00:09:39,586 --> 00:09:40,750
was a provision

353
00:09:40,750 --> 00:09:41,978
we talked about a couple of

354
00:09:41,978 --> 00:09:42,851
years ago, and I'll get

355
00:09:42,851 --> 00:09:48,216
to it. Um,

356
00:09:48,216 --> 00:09:49,162
and then a

357
00:09:49,162 --> 00:09:50,423
provision came along that introduced

358
00:09:50,423 --> 00:09:51,400
language that

359
00:09:51,400 --> 00:09:52,535
allows this

360
00:09:52,535 --> 00:09:53,671
zoning board to grant an

361
00:09:53,671 --> 00:09:54,553
exemption from the

362
00:09:54,553 --> 00:09:55,405
four-year

363
00:09:55,405 --> 00:09:56,666
rule when an applicant

364
00:09:56,666 --> 00:09:57,360
requests a

365
00:09:57,360 --> 00:09:58,495
special permit

366
00:09:58,495 --> 00:10:05,339
or opinion. So, in

367
00:10:05,339 --> 00:10:06,961
2003 or 2004 in that

368
00:10:06,961 --> 00:10:08,439
particular area, I

369
00:10:08,439 --> 00:10:09,869
think it was

370
00:10:09,869 --> 00:10:11,348
December of 2003, which

371
00:10:11,348 --> 00:10:14,924
went into 2004, I

372
00:10:14,972 --> 00:10:16,688
filed an application with this

373
00:10:16,688 --> 00:10:17,834
board on behalf of my client.

374
00:10:17,834 --> 00:10:18,895
43?

375
00:10:18,895 --> 00:10:22,399
Er, 2024. Did I say 04?

376
00:10:22,399 --> 00:10:23,674
You said 03.

377
00:10:23,674 --> 00:10:29,257
Oh, yes. Er, 2023, 2024. Er,

378
00:10:29,257 --> 00:10:30,689
so I filed a petition with

379
00:10:30,689 --> 00:10:32,085
the council, claiming that the

380
00:10:32,085 --> 00:10:33,087
effective date of

381
00:10:33,087 --> 00:10:34,376
the ordinance

382
00:10:34,376 --> 00:10:38,486
was 2022, because that was the

383
00:10:38,486 --> 00:10:39,724
year the

384
00:10:39,724 --> 00:10:41,194
ordinance changed

385
00:10:41,194 --> 00:10:42,512
. And then I

386
00:10:42,512 --> 00:10:43,052
tried to

387
00:10:43,052 --> 00:10:44,075
apply it for four

388
00:10:44,075 --> 00:10:45,211
years starting from that

389
00:10:45,211 --> 00:10:46,321
moment. And that

390
00:10:46,321 --> 00:10:50,598
argument was, um, not

391
00:10:50,598 --> 00:10:51,822
very convincing

392
00:10:51,822 --> 00:10:53,226
to this council, I think

393
00:10:53,226 --> 00:10:55,635
, at the time. And for

394
00:10:55,635 --> 00:10:57,052
whatever reason, perhaps

395
00:10:57,052 --> 00:10:58,324
because there

396
00:10:58,324 --> 00:10:59,050
was a

397
00:10:59,050 --> 00:11:00,467
similar statement before the board, and I

398
00:11:00,467 --> 00:11:01,702
think you might have been

399
00:11:01,702 --> 00:11:02,938
a little worried

400
00:11:02,938 --> 00:11:07,351
about the precedent. Uh,

401
00:11:07,351 --> 00:11:08,578
the point was that

402
00:11:08,578 --> 00:11:09,328
we were looking to

403
00:11:09,328 --> 00:11:11,646
renovate a

404
00:11:11,680 --> 00:11:12,907
pre-existing structure in a way that would

405
00:11:12,907 --> 00:11:14,851
address the

406
00:11:14,885 --> 00:11:16,078
side yard inconsistency, and we

407
00:11:16,078 --> 00:11:17,339
were requesting a waiver

408
00:11:17,339 --> 00:11:18,157
of the 4-year

409
00:11:18,157 --> 00:11:19,077
provision to

410
00:11:19,077 --> 00:11:20,134
allow us to

411
00:11:20,134 --> 00:11:23,340
do that. And we also

412
00:11:23,340 --> 00:11:24,399
sought to obtain a

413
00:11:24,399 --> 00:11:25,551
conclusion in addition

414
00:11:25,551 --> 00:11:27,440
to this. I would do

415
00:11:27,440 --> 00:11:28,773
it without restriction of rights

416
00:11:28,773 --> 00:11:38,590
. Um, after that

417
00:11:38,590 --> 00:11:39,767
was done, this

418
00:11:39,767 --> 00:11:40,465
city that

419
00:11:40,465 --> 00:11:41,385
continued

420
00:11:41,385 --> 00:11:42,267
to assess this

421
00:11:42,267 --> 00:11:42,966
particular

422
00:11:42,966 --> 00:11:43,996
property as a

423
00:11:43,996 --> 00:11:45,430
development lot

424
00:11:45,430 --> 00:11:46,791
from the time of the fire until

425
00:11:46,791 --> 00:11:48,226
that hearing, uh,

426
00:11:48,226 --> 00:11:48,814
this city

427
00:11:48,814 --> 00:11:49,734
continued

428
00:11:49,734 --> 00:11:51,168
to assess the property,

429
00:11:51,168 --> 00:11:52,161
uh, after that

430
00:11:52,161 --> 00:11:53,595
hearing as if it

431
00:11:53,595 --> 00:11:54,735
were a

432
00:11:54,735 --> 00:11:55,986
development lot, uh, until

433
00:11:55,986 --> 00:11:57,163
my client was

434
00:11:57,163 --> 00:11:58,266
forced to

435
00:11:58,266 --> 00:11:59,627
file for a

436
00:11:59,627 --> 00:12:01,061
tax abatement in 2025, uh,

437
00:12:01,061 --> 00:12:02,496
to reduce the

438
00:12:02,496 --> 00:12:03,636
assessment bill by

439
00:12:03,636 --> 00:12:11,832
$529,000. Also, uh, what

440
00:12:11,832 --> 00:12:13,398
I think is probably

441
00:12:13,398 --> 00:12:14,593
a little bit significant,

442
00:12:14,593 --> 00:12:16,301
maybe not, I don't know. There

443
00:12:16,301 --> 00:12:18,456
was a detached building on the site

444
00:12:18,456 --> 00:12:19,439
that existed at the

445
00:12:19,439 --> 00:12:20,516
time of the fire, which

446
00:12:20,516 --> 00:12:21,531
currently continues to

447
00:12:21,531 --> 00:12:22,767
exist and is still

448
00:12:22,767 --> 00:12:23,977
in use.

449
00:12:23,977 --> 00:12:25,375
It is not damaged.

450
00:12:25,375 --> 00:12:29,854
Therefore. As a matter of fact, and, uh,

451
00:12:29,854 --> 00:12:31,161
earlier this year,

452
00:12:31,161 --> 00:12:32,042
the Commonwealth

453
00:12:32,042 --> 00:12:33,087
changed the standard for

454
00:12:33,087 --> 00:12:34,197
granting exemptions

455
00:12:34,197 --> 00:12:38,406
. Uh, and the

456
00:12:38,406 --> 00:12:39,364
first thing I

457
00:12:39,364 --> 00:12:40,713
thought about was this statement,

458
00:12:40,713 --> 00:12:42,133
because I felt like I

459
00:12:42,133 --> 00:12:43,376
really felt sorry for

460
00:12:43,376 --> 00:12:44,725
my client, that I

461
00:12:44,725 --> 00:12:45,719
couldn't get them the

462
00:12:45,719 --> 00:12:46,926
help they

463
00:12:46,926 --> 00:12:52,015
wanted. I thought it was

464
00:12:52,015 --> 00:12:53,312
unfair

465
00:12:53,312 --> 00:12:54,643
how it was handled

466
00:12:54,643 --> 00:13:01,068
at the time. So, the

467
00:13:01,100 --> 00:13:02,219
zoning variance law

468
00:13:02,219 --> 00:13:03,401
was changed a few

469
00:13:03,401 --> 00:13:04,360
months ago, which

470
00:13:04,360 --> 00:13:05,350
significantly and substantially

471
00:13:05,350 --> 00:13:06,341
lowers the standard

472
00:13:06,341 --> 00:13:07,555
required to

473
00:13:07,555 --> 00:13:08,769
compel the council to

474
00:13:08,769 --> 00:13:23,712
grant such a variance.

475
00:13:23,712 --> 00:13:25,031
To give the council some

476
00:13:25,031 --> 00:13:26,120
context: the old

477
00:13:26,120 --> 00:13:27,407
law, which has just been

478
00:13:27,407 --> 00:13:28,067
replaced,

479
00:13:28,067 --> 00:13:29,255
provided that the council

480
00:13:29,255 --> 00:13:30,410
had the power to grant

481
00:13:30,410 --> 00:13:31,598
exemptions only if

482
00:13:31,598 --> 00:13:32,456
it made a number of

483
00:13:32,456 --> 00:13:33,413
findings: there had to

484
00:13:33,413 --> 00:13:34,535
be special

485
00:13:34,535 --> 00:13:35,855
circumstances relating

486
00:13:35,855 --> 00:13:37,075
to the soil, shape or

487
00:13:37,075 --> 00:13:38,362
topography of the site;

488
00:13:38,362 --> 00:13:39,517
the question was

489
00:13:39,517 --> 00:13:40,705
whether

490
00:13:40,705 --> 00:13:41,464
it applied specifically to this

491
00:13:41,464 --> 00:13:42,784
property and not to the area as a

492
00:13:42,784 --> 00:13:43,609
whole; it

493
00:13:43,609 --> 00:13:44,467
was also necessary

494
00:13:44,467 --> 00:13:45,787
to prove that literal

495
00:13:45,787 --> 00:13:46,414
implementation of the

496
00:13:46,414 --> 00:13:47,536
bylaw

497
00:13:47,536 --> 00:13:48,724
would cause significant

498
00:13:48,724 --> 00:13:49,945
hardship, financial

499
00:13:49,945 --> 00:14:04,916
or otherwise. And so on, and that was the

500
00:14:04,916 --> 00:14:06,175
reason why

501
00:14:06,175 --> 00:14:07,079
retreats were

502
00:14:07,079 --> 00:14:11,967
rarely granted in this city.

503
00:14:11,967 --> 00:14:13,255
Although I will say from my own

504
00:14:13,255 --> 00:14:14,221
experience that other

505
00:14:14,221 --> 00:14:15,412
cities on the South

506
00:14:15,412 --> 00:14:16,668
Shore were much

507
00:14:16,668 --> 00:14:17,699
more lenient and more

508
00:14:17,699 --> 00:14:18,858
willing to consider

509
00:14:18,858 --> 00:14:20,049
deviations from the old

510
00:14:20,049 --> 00:14:21,338
standards than our

511
00:14:21,338 --> 00:14:27,608
city, but that's how it is.

512
00:14:27,608 --> 00:14:28,499
The new standard

513
00:14:28,499 --> 00:14:29,709
is not that the

514
00:14:29,709 --> 00:14:30,919
zoning board has the

515
00:14:30,919 --> 00:14:31,811
authority to grant

516
00:14:31,811 --> 00:14:36,950
waivers. It

517
00:14:36,950 --> 00:14:37,923
clearly states, from the

518
00:14:37,923 --> 00:14:39,026
very beginning, that

519
00:14:39,026 --> 00:14:40,031
the council is obliged

520
00:14:40,031 --> 00:14:41,264
to grant a concession if it

521
00:14:41,264 --> 00:14:42,432
reaches the necessary

522
00:14:42,432 --> 00:14:47,458
conclusion.

523
00:14:47,458 --> 00:14:48,450
It is further explained that the

524
00:14:48,450 --> 00:14:49,751
required conclusion is

525
00:14:49,751 --> 00:14:50,743
now simplified,

526
00:14:50,743 --> 00:14:52,044
much more than

527
00:14:52,044 --> 00:14:58,796
before. The council

528
00:14:58,796 --> 00:14:59,905
must now grant a derogation

529
00:14:59,905 --> 00:15:01,107
if it specifically

530
00:15:01,107 --> 00:15:02,339
establishes that strict

531
00:15:02,339 --> 00:15:02,986
compliance with the

532
00:15:02,986 --> 00:15:04,034
by-law

533
00:15:04,034 --> 00:15:05,266
would result in any

534
00:15:05,266 --> 00:15:06,468
practical difficulties

535
00:15:06,468 --> 00:15:14,871
. The text further requires

536
00:15:14,871 --> 00:15:16,095
the application of the test in

537
00:15:16,095 --> 00:15:16,942
cases

538
00:15:16,942 --> 00:15:18,104
involving residential

539
00:15:18,104 --> 00:15:27,183
real estate. The Board,

540
00:15:27,183 --> 00:15:28,322
in making its decision,

541
00:15:28,322 --> 00:15:29,462
must weigh the benefits

542
00:15:29,462 --> 00:15:30,406
to the applicant and

543
00:15:30,406 --> 00:15:31,317
the public,

544
00:15:31,317 --> 00:15:32,522
including the interest in

545
00:15:32,522 --> 00:15:33,759
supporting housing

546
00:15:33,759 --> 00:15:34,898
development, against the

547
00:15:34,898 --> 00:15:36,103
harm to the health,

548
00:15:36,103 --> 00:15:37,372
safety and welfare of

549
00:15:37,372 --> 00:15:47,741
neighbors. That is, it

550
00:15:47,741 --> 00:15:49,009
shows that we

551
00:15:49,009 --> 00:15:50,086
prioritize

552
00:15:50,086 --> 00:15:51,321
the creation of housing, and it is

553
00:15:51,321 --> 00:15:51,986
considered a

554
00:15:51,986 --> 00:15:53,095
public good

555
00:15:53,095 --> 00:15:53,887
that can

556
00:15:53,887 --> 00:15:54,996
only be challenged in the

557
00:15:54,996 --> 00:15:56,136
event of

558
00:15:56,136 --> 00:15:57,372
problems for the health,

559
00:15:57,372 --> 00:15:58,069
safety, or

560
00:15:58,069 --> 00:16:03,580
well-being of the area. That's

561
00:16:03,580 --> 00:16:06,249
how I see it. It so

562
00:16:06,249 --> 00:16:07,472
happened that last

563
00:16:07,472 --> 00:16:08,502
month I had my

564
00:16:08,502 --> 00:16:09,533
first opportunity

565
00:16:09,533 --> 00:16:10,627
to argue this

566
00:16:10,627 --> 00:16:12,905
standard. It was in the

567
00:16:12,905 --> 00:16:18,900
town of Hanson.

568
00:16:20,888 --> 00:16:22,055
The city councilor was present in person at that zoning meeting, which is

569
00:16:22,055 --> 00:16:23,222
unusual, especially

570
00:16:23,222 --> 00:16:24,389
for Hanson, and

571
00:16:24,389 --> 00:16:28,107
his name was Jay Talerman.

572
00:16:28,107 --> 00:16:28,921
He is one of the

573
00:16:28,921 --> 00:16:30,050
most respected

574
00:16:30,050 --> 00:16:31,084
city lawyers in the

575
00:16:31,084 --> 00:16:34,016
Commonwealth. And in

576
00:16:34,016 --> 00:16:35,409
that situation, you know,

577
00:16:35,409 --> 00:16:36,766
he presented the council with an

578
00:16:36,766 --> 00:16:39,121
analysis of the case. I won't

579
00:16:39,121 --> 00:16:40,248
put

580
00:16:40,248 --> 00:16:41,535
words in his mouth, but there was a

581
00:16:41,535 --> 00:16:42,662
decision made in

582
00:16:42,662 --> 00:16:43,949
that district because

583
00:16:43,949 --> 00:16:45,236
the circumstances are similar, so

584
00:16:45,236 --> 00:16:46,492
I just wanted to

585
00:16:46,492 --> 00:16:51,474
mention it. There was no fire

586
00:16:51,474 --> 00:16:52,618
, it was a

587
00:16:52,618 --> 00:16:53,546
smaller vacant lot

588
00:16:53,546 --> 00:16:54,752
, planned

589
00:16:54,752 --> 00:16:55,742
before zoning in an

590
00:16:55,742 --> 00:16:56,917
area where most of the

591
00:16:56,917 --> 00:16:57,999
houses stood on

592
00:16:57,999 --> 00:16:58,834
similarly small

593
00:16:58,834 --> 00:17:07,459
lots. And the council

594
00:17:07,459 --> 00:17:08,480
voted to

595
00:17:08,480 --> 00:17:09,661
grant the variance,

596
00:17:09,661 --> 00:17:10,874
recognizing in particular that

597
00:17:10,874 --> 00:17:11,577
prohibiting

598
00:17:11,577 --> 00:17:12,822
housing construction on a

599
00:17:12,822 --> 00:17:14,035
site similar to

600
00:17:14,035 --> 00:17:15,120
others where it would be

601
00:17:15,120 --> 00:17:16,142
permitted would be a

602
00:17:16,142 --> 00:17:16,812
practical

603
00:17:16,812 --> 00:17:23,946
difficulty. And in that

604
00:17:23,946 --> 00:17:25,039
case it was

605
00:17:25,039 --> 00:17:30,063
provided. So I

606
00:17:30,063 --> 00:17:31,174
just wanted to point out that there

607
00:17:31,174 --> 00:17:32,154
was a similar

608
00:17:32,154 --> 00:17:33,266
situation where a variance was granted for a

609
00:17:33,266 --> 00:17:35,324
vacant lot

610
00:17:35,357 --> 00:17:36,272
due to identified

611
00:17:36,272 --> 00:17:37,547
practical difficulties

612
00:17:37,547 --> 00:17:45,294
. So, today I

613
00:17:45,294 --> 00:17:46,412
see it this way: the law

614
00:17:46,412 --> 00:17:47,666
requires this board to

615
00:17:47,666 --> 00:17:48,920
determine, in relation to this

616
00:17:48,920 --> 00:17:50,208
application, whether

617
00:17:50,208 --> 00:17:51,360
strict adherence to the

618
00:17:51,360 --> 00:17:52,207
rules would cause any

619
00:17:52,207 --> 00:17:53,529
practical difficulty

620
00:17:53,529 --> 00:18:02,772
. The law requires that if

621
00:18:02,772 --> 00:18:03,471
you see a

622
00:18:03,471 --> 00:18:04,709
practical difficulty

623
00:18:04,709 --> 00:18:05,821
, you must grant a

624
00:18:05,821 --> 00:18:06,901
waiver, and then it goes on to

625
00:18:06,901 --> 00:18:07,599
talk about the

626
00:18:07,599 --> 00:18:08,806
necessary

627
00:18:08,806 --> 00:18:15,077
screening criteria. I think that in

628
00:18:15,077 --> 00:18:16,195
this particular

629
00:18:16,195 --> 00:18:17,215
case there are many

630
00:18:17,215 --> 00:18:17,840
facts that

631
00:18:17,840 --> 00:18:18,728
confirm

632
00:18:18,728 --> 00:18:20,044
the presence of practical

633
00:18:20,044 --> 00:18:23,861
complexity. This housing

634
00:18:23,861 --> 00:18:26,047
exists...There has already been housing on this site

635
00:18:26,080 --> 00:18:27,008
for three-

636
00:18:27,008 --> 00:18:33,217
quarters of a century.

637
00:18:33,249 --> 00:18:34,312
I believe that allowing housing there again

638
00:18:34,312 --> 00:18:35,214
will

639
00:18:35,214 --> 00:18:36,115
benefit the cause of

640
00:18:36,115 --> 00:18:37,275
creating housing

641
00:18:37,275 --> 00:18:43,868
conditions. A building is proposed

642
00:18:43,868 --> 00:18:44,557
that

643
00:18:44,557 --> 00:18:45,541
meets all

644
00:18:45,541 --> 00:18:48,848
dimensional standards.

645
00:18:48,848 --> 00:18:49,943
Thus, what

646
00:18:49,943 --> 00:18:51,278
previously did

647
00:18:51,278 --> 00:18:52,237
not meet

648
00:18:52,237 --> 00:18:57,497
the requirements will be eliminated. The building that

649
00:18:57,497 --> 00:18:58,482
will be constructed if you

650
00:18:58,482 --> 00:18:59,959
approve the application

651
00:18:59,991 --> 00:19:00,877
will fully comply with

652
00:19:00,877 --> 00:19:01,665
electrical,

653
00:19:01,665 --> 00:19:02,584
building, and

654
00:19:02,584 --> 00:19:03,864
fire codes

655
00:19:03,864 --> 00:19:08,171
. So, we will have

656
00:19:08,171 --> 00:19:10,177
proper indents and

657
00:19:10,209 --> 00:19:14,715
code compliance. Access will be

658
00:19:14,715 --> 00:19:15,727
safe from

659
00:19:15,727 --> 00:19:16,870
Central Avenue, the

660
00:19:16,870 --> 00:19:18,372
main road, and there will

661
00:19:20,593 --> 00:19:21,540
be no anticipated burdens to the city if you

662
00:19:21,540 --> 00:19:27,389
allow it.

663
00:19:27,389 --> 00:19:28,576
Frankly, the city will be able to

664
00:19:28,576 --> 00:19:29,862
rebuild its

665
00:19:29,862 --> 00:19:31,016
tax base again, and I

666
00:19:31,016 --> 00:19:32,104
already feel that in

667
00:19:32,104 --> 00:19:32,994
this case,

668
00:19:32,994 --> 00:19:34,247
given the

669
00:19:34,247 --> 00:19:35,566
facts I have presented, the practical

670
00:19:35,566 --> 00:19:36,621
difficulty of

671
00:19:36,621 --> 00:19:37,874
strictly applying

672
00:19:37,874 --> 00:19:39,061
this bylaw

673
00:19:39,061 --> 00:19:39,885
to this

674
00:19:39,885 --> 00:19:41,105
property has already become

675
00:19:41,105 --> 00:19:52,186
apparent. Em. and it's,

676
00:19:52,186 --> 00:19:52,961
you know, some

677
00:19:52,961 --> 00:19:53,952
reluctance on the part of this

678
00:19:53,952 --> 00:19:54,975
board to grant a

679
00:19:54,975 --> 00:19:55,656
waiver of the

680
00:19:55,656 --> 00:19:56,493
four-year

681
00:19:56,493 --> 00:19:57,546
rule earlier, which

682
00:19:57,546 --> 00:19:58,661
effectively deprived

683
00:19:58,661 --> 00:19:59,405
my client of

684
00:19:59,405 --> 00:20:00,179
using the

685
00:20:00,179 --> 00:20:01,419
property in accordance

686
00:20:01,419 --> 00:20:02,162
with residential

687
00:20:02,162 --> 00:20:03,371
uses elsewhere in

688
00:20:03,371 --> 00:20:04,610
this area in

689
00:20:04,610 --> 00:20:11,768
Pomona. So, um, I

690
00:20:11,768 --> 00:20:13,038
think denying

691
00:20:13,038 --> 00:20:14,067
this application would be

692
00:20:14,067 --> 00:20:14,719
practically

693
00:20:14,719 --> 00:20:16,023
unfair to

694
00:20:16,023 --> 00:20:17,190
this particular

695
00:20:17,190 --> 00:20:20,442
applicant. I really

696
00:20:20,442 --> 00:20:25,470
think, um, that there were

697
00:20:25,470 --> 00:20:28,132
difficulties because the

698
00:20:28,167 --> 00:20:31,370
waiver had not been granted earlier. The difficulties

699
00:20:31,370 --> 00:20:32,646
were the

700
00:20:32,678 --> 00:20:33,475
previous

701
00:20:33,475 --> 00:20:35,631
owner's medical problems. I think

702
00:20:35,631 --> 00:20:36,427
these circumstances

703
00:20:36,427 --> 00:20:37,555
require a

704
00:20:37,555 --> 00:20:38,883
waiver.

705
00:20:38,883 --> 00:20:39,877
I believe this is a

706
00:20:39,877 --> 00:20:41,277
completely unique

707
00:20:41,277 --> 00:20:42,334
situation. You will not

708
00:20:42,334 --> 00:20:43,492
encounter this

709
00:20:43,492 --> 00:20:44,649
pattern of facts from

710
00:20:44,649 --> 00:20:45,575
any other

711
00:20:45,575 --> 00:20:48,031
applicant. And I

712
00:20:48,031 --> 00:20:49,153
honestly believe that

713
00:20:49,153 --> 00:20:49,714
the permission to

714
00:20:49,714 --> 00:20:50,898
build a house

715
00:20:50,898 --> 00:20:51,926
on a plot of this

716
00:20:51,926 --> 00:20:53,141
size in that area

717
00:20:53,141 --> 00:20:54,325
is exactly the reason

718
00:20:54,325 --> 00:20:55,416
why the standards for

719
00:20:55,416 --> 00:20:56,569
deviation from the norms

720
00:20:56,569 --> 00:20:59,293
were relaxed. So I

721
00:20:59,293 --> 00:21:00,621
strongly urge the

722
00:21:00,621 --> 00:21:01,517
board to grant this

723
00:21:01,517 --> 00:21:05,390
waiver. Thank you.

724
00:21:05,390 --> 00:21:06,519
Jeff, I remember

725
00:21:06,519 --> 00:21:07,682
last time there was a

726
00:21:07,682 --> 00:21:08,446
discussion about

727
00:21:08,446 --> 00:21:10,258
merging the sites.

728
00:21:10,258 --> 00:21:11,643
It was, yes.

729
00:21:11,643 --> 00:21:14,933
We talked about it.

730
00:21:14,933 --> 00:21:16,116
Well, the Splane family

731
00:21:16,116 --> 00:21:17,374
owns the property

732
00:21:17,374 --> 00:21:18,484
behind this one, which

733
00:21:18,484 --> 00:21:19,631
adjoins this

734
00:21:19,631 --> 00:21:25,568
lot. Although the

735
00:21:25,568 --> 00:21:26,555
Splane family owns

736
00:21:26,555 --> 00:21:27,929
the property behind

737
00:21:27,929 --> 00:21:30,291
and adjacent to it, um, it's not

738
00:21:30,291 --> 00:21:34,213
incorporated. And there are several

739
00:21:34,213 --> 00:21:35,499
reasons why it is not

740
00:21:35,499 --> 00:21:37,242
unified. First,

741
00:21:37,242 --> 00:21:37,858
the merger

742
00:21:37,858 --> 00:21:38,783
only applies to

743
00:21:38,783 --> 00:21:39,831
vacant lots, and

744
00:21:39,831 --> 00:21:40,725
none of the lots

745
00:21:40,725 --> 00:21:41,742
were actually

746
00:21:41,742 --> 00:21:44,859
vacant, right? Um,

747
00:21:44,859 --> 00:21:46,984
secondly, you need

748
00:21:46,984 --> 00:21:48,130
So, you're saying

749
00:21:48,130 --> 00:21:49,007
they owned

750
00:21:49,007 --> 00:21:50,975
the plots before the fire.

751
00:21:50,975 --> 00:21:52,853
and now.

752
00:21:52,853 --> 00:21:55,144
Sorry, not before the fire,

753
00:21:55,144 --> 00:21:56,807
Sorry. The fire

754
00:21:56,807 --> 00:21:59,083
occurred in 2012. My

755
00:21:59,083 --> 00:22:00,499
client, Catherine Splane

756
00:22:00,499 --> 00:22:01,697
, who owns this

757
00:22:01,697 --> 00:22:03,113
property we're

758
00:22:03,113 --> 00:22:05,302
talking about. Her parents

759
00:22:05,302 --> 00:22:06,702
own the property

760
00:22:06,702 --> 00:22:08,792
behind her. Understand

761
00:22:08,792 --> 00:22:11,000
? She, my client,

762
00:22:11,000 --> 00:22:12,946
bought this property in

763
00:22:12,946 --> 00:22:14,908
2020. So, if there

764
00:22:14,908 --> 00:22:16,730
was a merger, it would

765
00:22:16,730 --> 00:22:19,514
happen in 2020.

766
00:22:19,514 --> 00:22:21,080
But there is no union.

767
00:22:21,080 --> 00:22:22,158
And the reason there is no

768
00:22:22,158 --> 00:22:23,237
association is

769
00:22:23,237 --> 00:22:24,731
because they are not

770
00:22:24,759 --> 00:22:25,855
jointly owned.

771
00:22:25,855 --> 00:22:27,160
She owns hers,

772
00:22:27,160 --> 00:22:31,900
they own theirs.

773
00:22:31,900 --> 00:22:32,998
And although people have the

774
00:22:32,998 --> 00:22:34,233
same surname, the same

775
00:22:34,233 --> 00:22:35,331
family, the law of

776
00:22:35,331 --> 00:22:36,704
association deals

777
00:22:36,704 --> 00:22:37,905
with the same

778
00:22:37,905 --> 00:22:39,140
ownership, or if

779
00:22:39,140 --> 00:22:40,066
it is different

780
00:22:40,066 --> 00:22:40,993
ownership, it

781
00:22:40,993 --> 00:22:42,331
deals with property

782
00:22:42,331 --> 00:22:43,567
that, in essence, can be

783
00:22:43,567 --> 00:22:44,733
managed by the same

784
00:22:44,733 --> 00:22:48,782
person.

785
00:22:48,782 --> 00:22:49,986
Trusts.

786
00:22:49,986 --> 00:22:50,956
with the same

787
00:22:50,956 --> 00:22:52,429
beneficiaries. This is not

788
00:22:52,429 --> 00:22:53,729
the case. We have

789
00:22:53,729 --> 00:22:54,727
one person who

790
00:22:54,727 --> 00:22:55,826
owns this and two

791
00:22:55,826 --> 00:22:56,757
other people who

792
00:22:56,757 --> 00:23:01,971
own that.

793
00:23:01,971 --> 00:23:07,057
Sorry? This, this, this is the

794
00:23:07,057 --> 00:23:08,339
fascinating question

795
00:23:08,339 --> 00:23:09,767
that lies before you

796
00:23:09,767 --> 00:23:18,645
. Um, yes. But I find it

797
00:23:18,645 --> 00:23:19,568
fascinating, what

798
00:23:19,568 --> 00:23:20,797
really interests

799
00:23:20,797 --> 00:23:22,164
me about this area is that

800
00:23:22,164 --> 00:23:23,257
it's in a

801
00:23:23,257 --> 00:23:24,316
type X zone, where not much is

802
00:23:24,316 --> 00:23:25,683
happening, it's not

803
00:23:25,683 --> 00:23:26,913
in a speed zone or a

804
00:23:26,913 --> 00:23:38,273
flood zone.

805
00:23:38,273 --> 00:23:39,379
The size of the plot, as

806
00:23:39,379 --> 00:23:40,421
attorney Alicia points out

807
00:23:40,421 --> 00:23:41,593
, is very similar

808
00:23:41,593 --> 00:23:42,862
to neighboring plots; and the

809
00:23:42,862 --> 00:23:43,806
proposed

810
00:23:43,806 --> 00:23:44,945
house size or

811
00:23:44,945 --> 00:23:46,085
building area also

812
00:23:46,085 --> 00:23:46,996
seems a bit

813
00:23:46,996 --> 00:23:48,038
smaller, but very

814
00:23:48,038 --> 00:23:48,689
similar to the

815
00:23:48,689 --> 00:23:49,958
surrounding houses

816
00:23:49,958 --> 00:23:51,097
considering the standard

817
00:23:51,097 --> 00:23:52,074
deviation due to

818
00:23:52,074 --> 00:24:00,323
practical difficulties.

819
00:24:00,323 --> 00:24:01,541
We don't really have

820
00:24:01,541 --> 00:24:02,759
any guidance from the

821
00:24:02,759 --> 00:24:04,076
legislature

822
00:24:04,076 --> 00:24:06,645
on this.

823
00:24:06,645 --> 00:24:08,999
The purpose of this term seems to have been to make

824
00:24:10,291 --> 00:24:12,886
decision-making easier. This is

825
00:24:12,886 --> 00:24:14,238
certainly a simpler

826
00:24:14,238 --> 00:24:15,556
standard than the one that

827
00:24:15,556 --> 00:24:16,527
came before, but

828
00:24:16,527 --> 00:24:17,603
at least it has

829
00:24:17,603 --> 00:24:26,328
some justification.

830
00:24:26,328 --> 00:24:27,580
We have some advice

831
00:24:27,580 --> 00:24:28,495
from

832
00:24:28,495 --> 00:24:29,714
land use lawyers,

833
00:24:29,714 --> 00:24:30,933
but as to how to

834
00:24:30,933 --> 00:24:32,694
apply it here, I can't

835
00:24:32,727 --> 00:24:41,681
comment on that.

836
00:24:41,681 --> 00:24:43,982
Thank you. Is there anyone in the

837
00:24:43,982 --> 00:24:45,459
hall? Comments,

838
00:24:45,459 --> 00:24:46,953
questions for the commission?

839
00:24:46,953 --> 00:24:47,843
You don't have any

840
00:24:47,843 --> 00:24:49,030
virtual

841
00:24:49,030 --> 00:24:49,338
hands raised yet.

842
00:24:49,338 --> 00:24:50,466
No virtual

843
00:24:50,466 --> 00:24:53,530
hands. Thank you, Seth. Wait

844
00:24:53,530 --> 00:24:55,084
a minute, I was wrong

845
00:24:55,084 --> 00:24:56,086
. One hand is still

846
00:24:56,086 --> 00:24:56,763
raised. Do you

847
00:24:56,763 --> 00:24:57,288
screen

848
00:24:57,288 --> 00:24:57,813
virtual

849
00:24:57,813 --> 00:24:58,818
participants? Sorry, I have

850
00:24:58,818 --> 00:24:59,785
another

851
00:24:59,785 --> 00:25:01,374
meeting at the same time. Are you ready?

852
00:25:01,374 --> 00:25:01,768
Yes.

853
00:25:01,768 --> 00:25:02,590
Mr. Bonner, you

854
00:25:02,590 --> 00:25:03,530
can turn on

855
00:25:03,530 --> 00:25:04,548
the microphone. Just

856
00:25:04,548 --> 00:25:05,838
give your name, address and

857
00:25:05,838 --> 00:25:15,211
speak.

858
00:25:15,211 --> 00:25:16,378
My name is Robert

859
00:25:16,378 --> 00:25:18,409
Brian Bonner. 318

860
00:25:18,409 --> 00:25:21,868
Central Ave. I'm

861
00:25:21,868 --> 00:25:24,378
over 60, and there was

862
00:25:24,415 --> 00:25:25,839
a house on that lot my whole life until it

863
00:25:25,839 --> 00:25:31,083
unfortunately burned down. I'm

864
00:25:31,083 --> 00:25:32,019
not at all against

865
00:25:32,019 --> 00:25:32,988
building

866
00:25:32,988 --> 00:25:34,214
another house there, if it's the

867
00:25:34,214 --> 00:25:35,247
right

868
00:25:35,247 --> 00:25:41,708
size. That's all.

869
00:25:41,708 --> 00:25:48,151
Thank you, sir. Is

870
00:25:48,151 --> 00:25:51,837
anyone else online? There

871
00:25:51,870 --> 00:25:53,108
are no other virtual hands raised.

872
00:25:53,108 --> 00:25:55,390
Thank you, sir. I think

873
00:25:55,390 --> 00:25:58,079
Steve De Armond. I'll

874
00:25:58,079 --> 00:25:59,658
just give my

875
00:25:59,658 --> 00:26:01,476
address: 861 Main Street

876
00:26:01,476 --> 00:26:06,193
in North Hampton.

877
00:26:06,193 --> 00:26:07,371
I think it's great that

878
00:26:07,371 --> 00:26:08,352
the state

879
00:26:08,352 --> 00:26:09,497
has finally closed this issue

880
00:26:09,497 --> 00:26:10,348
for people

881
00:26:10,348 --> 00:26:11,559
rebuilding their homes,

882
00:26:11,559 --> 00:26:12,737
because previously the courts did not

883
00:26:12,737 --> 00:26:13,980
grant extensions, and

884
00:26:13,980 --> 00:26:15,289
everything depended on the composition of the

885
00:26:15,289 --> 00:26:20,231
soil and topography.

886
00:26:20,231 --> 00:26:21,506
So seeing these changes, for

887
00:26:21,506 --> 00:26:22,782
reasons that most people

888
00:26:22,782 --> 00:26:23,993
understand, is great,

889
00:26:23,993 --> 00:26:24,759
especially for

890
00:26:24,759 --> 00:26:25,492
building a

891
00:26:25,492 --> 00:26:26,736
private home in a

892
00:26:26,736 --> 00:26:27,756
private

893
00:26:27,756 --> 00:26:29,032
development area, where it was

894
00:26:29,032 --> 00:26:30,850
before. This is definitely

895
00:26:30,850 --> 00:26:32,069
to the benefit of

896
00:26:32,069 --> 00:26:37,353
homeowners. Thank you. Is there

897
00:26:37,353 --> 00:26:43,060
anyone else in the room? Or

898
00:26:43,060 --> 00:26:44,225
unless these two

899
00:26:44,225 --> 00:26:48,066
thoughts are not relevant to

900
00:26:48,066 --> 00:26:49,031
the explanation

901
00:26:49,031 --> 00:26:50,199
Yes, sir.

902
00:26:50,199 --> 00:26:51,378
It seems the law

903
00:26:51,378 --> 00:26:52,170
has changed.

904
00:26:52,170 --> 00:26:52,891
Right.

905
00:26:52,891 --> 00:26:54,177
Yes. That's

906
00:26:54,177 --> 00:26:57,353
not the point.

907
00:26:57,353 --> 00:26:58,732
There are actually two paths

908
00:26:58,732 --> 00:27:00,075
, two options that

909
00:27:00,075 --> 00:27:01,065
can be taken to

910
00:27:01,065 --> 00:27:04,808
provide this release.

911
00:27:04,808 --> 00:27:06,360
One is to waive the

912
00:27:06,391 --> 00:27:07,230
four-year

913
00:27:07,230 --> 00:27:08,162
rule instead of a

914
00:27:08,162 --> 00:27:09,156
waiver, and the other is to

915
00:27:09,156 --> 00:27:10,615
simply waive the

916
00:27:11,765 --> 00:27:15,306
lot size standards.

917
00:27:15,306 --> 00:27:16,483
But since four

918
00:27:16,483 --> 00:27:17,596
years have already passed, we

919
00:27:17,596 --> 00:27:18,678
use this

920
00:27:18,678 --> 00:27:19,886
discrepancy for the

921
00:27:19,886 --> 00:27:21,095
route, i.e. the

922
00:27:21,095 --> 00:27:22,752
section.

923
00:27:22,752 --> 00:27:23,154
Yes.

924
00:27:23,154 --> 00:27:24,062
according to the new

925
00:27:24,062 --> 00:27:24,970
indent, it's

926
00:27:24,970 --> 00:27:26,068
Yes, of course. plot area

927
00:27:26,068 --> 00:27:27,059
,

928
00:27:27,059 --> 00:27:27,820
correct

929
00:27:27,820 --> 00:27:29,289
plot area, facade

930
00:27:29,289 --> 00:27:30,047
and width

931
00:27:30,047 --> 00:27:34,869
Yes. OK. Yes, this is

932
00:27:34,869 --> 00:27:36,419
clearly the right way.

933
00:27:36,419 --> 00:27:37,938
So that I could say it.

934
00:27:37,938 --> 00:27:39,415
Of course, this is the path

935
00:27:39,415 --> 00:27:41,443
we are taking. Therefore.

936
00:27:41,443 --> 00:27:43,677
OK. I move

937
00:27:43,677 --> 00:27:44,800
a motion on the

938
00:27:44,800 --> 00:27:46,185
second application of Catherine

939
00:27:46,185 --> 00:27:47,308
Bruce Bolling of 25

940
00:27:47,308 --> 00:27:48,731
Pepperell Street,

941
00:27:48,731 --> 00:27:49,779
requesting a

942
00:27:49,779 --> 00:27:50,453
permit to

943
00:27:50,453 --> 00:27:51,314
construct a

944
00:27:51,314 --> 00:27:52,250
two-family

945
00:27:52,250 --> 00:27:53,710
dwelling at

946
00:27:53,710 --> 00:27:54,834
326 Clark

947
00:27:54,834 --> 00:27:57,916
Street. It does not

948
00:27:57,916 --> 00:27:59,326
meet the

949
00:27:59,326 --> 00:28:00,737
lot area,

950
00:28:00,737 --> 00:28:01,991
frontage, and width requirements

951
00:28:01,991 --> 00:28:02,971
set forth in

952
00:28:02,971 --> 00:28:04,303
sections 10.1 and 10.2 of the

953
00:28:04,303 --> 00:28:08,391
zoning law.

954
00:28:08,391 --> 00:28:10,316
According to the Morse

955
00:28:10,316 --> 00:28:12,516
Engineering plan dated November 1,

956
00:28:12,516 --> 00:28:20,346
2023. Ahem. and for

957
00:28:20,346 --> 00:28:21,580
the commission to find that

958
00:28:21,580 --> 00:28:22,573
such a permit does not

959
00:28:22,573 --> 00:28:23,533
create any

960
00:28:23,533 --> 00:28:26,669
proposed...um...

961
00:28:26,669 --> 00:28:27,365
Excuse me.

962
00:28:27,365 --> 00:28:28,867
Continue. Sorry.

963
00:28:28,867 --> 00:28:29,387
You can

964
00:28:29,387 --> 00:28:30,210
continue.

965
00:28:30,210 --> 00:28:30,609
No.

966
00:28:30,609 --> 00:28:31,727
Do we need...Is there

967
00:28:31,727 --> 00:28:32,669
...There are two

968
00:28:32,669 --> 00:28:33,405
different areas in

969
00:28:33,405 --> 00:28:34,448
square feet listed there.

970
00:28:34,448 --> 00:28:36,276
One in...

971
00:28:36,276 --> 00:28:37,683
the statement itself, and the

972
00:28:37,683 --> 00:28:39,572
other in the plans. The

973
00:28:39,572 --> 00:28:41,205
application states the first

974
00:28:41,205 --> 00:28:42,926
floor area is 3,234

975
00:28:42,926 --> 00:28:44,426
square feet, and

976
00:28:44,426 --> 00:28:47,125
then...Did you specify that?

977
00:28:47,125 --> 00:28:50,302
Was that it? 3400, 3415 on the

978
00:28:50,302 --> 00:28:51,897
plan.

979
00:28:51,897 --> 00:28:53,243
If there is a disagreement, I

980
00:28:53,243 --> 00:28:58,304
would rely on the plan. And, to be honest

981
00:28:58,304 --> 00:28:59,513
, the application

982
00:28:59,513 --> 00:29:00,488
was about

983
00:29:00,488 --> 00:29:01,126
allowing the

984
00:29:01,126 --> 00:29:01,899
construction of a

985
00:29:01,899 --> 00:29:02,739
suitable

986
00:29:02,739 --> 00:29:04,049
residential building on

987
00:29:04,049 --> 00:29:10,615
this site. I think

988
00:29:10,615 --> 00:29:14,477
that perhaps one can...

989
00:29:14,477 --> 00:29:15,537
acknowledge that there is

990
00:29:15,537 --> 00:29:17,825
freedom of action as long as the

991
00:29:17,858 --> 00:29:19,265
boundaries are respected.

992
00:29:19,265 --> 00:29:22,118
OK.

993
00:29:22,118 --> 00:29:23,202
And grant permission to

994
00:29:23,202 --> 00:29:23,935
build a

995
00:29:23,935 --> 00:29:24,796
single-family

996
00:29:24,796 --> 00:29:25,593
home that

997
00:29:25,593 --> 00:29:26,549
meets all

998
00:29:26,549 --> 00:29:29,664
setbacks.

999
00:29:29,664 --> 00:29:30,841
The permit concerns

1000
00:29:30,841 --> 00:29:31,914
the area of ​​the plot and

1001
00:29:31,914 --> 00:29:37,183
the width of the facade. And this is

1002
00:29:37,183 --> 00:29:40,675
our statement. As I

1003
00:29:40,675 --> 00:29:43,491
said, who's for it? By.

1004
00:29:43,491 --> 00:29:46,875
Thank you very much. Elizabeth

1005
00:29:46,875 --> 00:29:48,002
wanted me to

1006
00:29:48,002 --> 00:29:49,622
write it down.

1007
00:29:49,622 --> 00:29:50,886
Yes, please.

1008
00:29:50,886 --> 00:29:52,548
Yes, I am happy to.

1009
00:29:52,548 --> 00:29:57,180
Thank you.

1010
00:29:57,180 --> 00:29:58,606
Okay, let's move on to the

1011
00:29:58,606 --> 00:29:59,925
third statement from Harley

1012
00:29:59,925 --> 00:30:01,279
Tobias, who works

1013
00:30:01,279 --> 00:30:02,563
at 13 Miller

1014
00:30:02,563 --> 00:30:03,846
Avenue, Concord, and 20

1015
00:30:03,846 --> 00:30:05,237
Main Street, Marshfield,

1016
00:30:05,237 --> 00:30:06,753
Massachusetts.

1017
00:30:06,753 --> 00:30:08,842
The applicant is seeking a

1018
00:30:08,880 --> 00:30:10,400
special permit

1019
00:30:10,400 --> 00:30:11,236
and opinion

1020
00:30:11,236 --> 00:30:12,224
pursuant to

1021
00:30:12,224 --> 00:30:13,364
sections 960 and 812 of the

1022
00:30:13,364 --> 00:30:14,770
zoning regulations for the

1023
00:30:14,770 --> 00:30:15,606
demolition and

1024
00:30:15,606 --> 00:30:16,936
reconstruction on stilts of an

1025
00:30:16,936 --> 00:30:17,658
existing

1026
00:30:17,658 --> 00:30:18,684
single-family

1027
00:30:18,684 --> 00:30:19,292
home

1028
00:30:19,292 --> 00:30:20,508
located at

1029
00:30:20,508 --> 00:30:21,876
133 Homrock Beach in the

1030
00:30:21,876 --> 00:30:24,003
R3 residential district.

1031
00:30:24,003 --> 00:30:24,701
They will

1032
00:30:24,701 --> 00:30:25,864
pave the area.

1033
00:30:25,864 --> 00:30:26,897
Pre-existing

1034
00:30:26,897 --> 00:30:28,338
unsuitable areas

1035
00:30:28,338 --> 00:30:29,362
. Congratulations.

1036
00:30:29,362 --> 00:30:29,953
Greetings.

1037
00:30:29,953 --> 00:30:31,421
Name and address for

1038
00:30:31,421 --> 00:30:32,607
Hello, I'm Carly

1039
00:30:32,607 --> 00:30:34,693
Spiers. I represent

1040
00:30:34,693 --> 00:30:36,450
Pat and Megan McShane

1041
00:30:36,450 --> 00:30:38,031
& Foley at 133

1042
00:30:38,031 --> 00:30:50,926
Homrock Beach. Sorry, once again

1043
00:30:50,926 --> 00:30:52,618
. Greetings. I'm Carly

1044
00:30:52,618 --> 00:30:54,410
Spiers. I represent

1045
00:30:54,410 --> 00:30:55,812
Pat Foley and Megan

1046
00:30:55,812 --> 00:30:56,801
McShane regarding the

1047
00:30:56,801 --> 00:30:58,409
property at

1048
00:30:58,409 --> 00:31:03,533
133 Homrock Beach. The applicant

1049
00:31:03,533 --> 00:31:04,840
requests a special

1050
00:31:04,840 --> 00:31:05,700
permit and/or

1051
00:31:05,700 --> 00:31:07,007
opinion pursuant

1052
00:31:07,007 --> 00:31:08,142
to Section 960,

1053
00:31:08,142 --> 00:31:09,518
Special Permits,

1054
00:31:09,518 --> 00:31:10,653
and Section 810.2,

1055
00:31:10,653 --> 00:31:11,994
Changes to Single-Family

1056
00:31:11,994 --> 00:31:12,957
and Two-Family

1057
00:31:12,957 --> 00:31:13,886
Nonconforming

1058
00:31:13,886 --> 00:31:15,021
Structures, pursuant to

1059
00:31:15,021 --> 00:31:16,362
zoning regulations,

1060
00:31:16,362 --> 00:31:17,360
for the demolition and

1061
00:31:17,360 --> 00:31:18,563
reconstruction on stilts of an

1062
00:31:18,563 --> 00:31:19,217
existing

1063
00:31:19,217 --> 00:31:20,146
single-family

1064
00:31:20,146 --> 00:31:28,781
home. This property is a

1065
00:31:28,781 --> 00:31:29,989
pre-existing

1066
00:31:29,989 --> 00:31:31,076
non-conforming

1067
00:31:31,076 --> 00:31:31,801
parcel

1068
00:31:31,801 --> 00:31:32,928
located in an

1069
00:31:32,928 --> 00:31:34,499
R3 residential area as

1070
00:31:34,499 --> 00:31:36,029
well as a

1071
00:31:36,029 --> 00:31:37,559
floodplain and watershed protection area,

1072
00:31:37,559 --> 00:31:39,170
and is within

1073
00:31:39,170 --> 00:31:40,700
FEMA flood zones VE16

1074
00:31:40,700 --> 00:31:46,442
and AE13. The property does not

1075
00:31:46,442 --> 00:31:47,656
meet the requirements

1076
00:31:47,656 --> 00:31:48,871
for lot area,

1077
00:31:48,871 --> 00:31:49,849
lot width,

1078
00:31:49,849 --> 00:31:50,895
frontage, and side

1079
00:31:50,895 --> 00:31:57,951
setbacks. This

1080
00:31:57,951 --> 00:31:58,856
proposed

1081
00:31:58,856 --> 00:31:59,979
project consists

1082
00:31:59,979 --> 00:32:00,666
of the demolition of the

1083
00:32:00,666 --> 00:32:01,758
existing dwelling and

1084
00:32:01,758 --> 00:32:02,882
the construction of a new

1085
00:32:02,882 --> 00:32:03,724
single-family

1086
00:32:03,724 --> 00:32:04,910
home, primarily

1087
00:32:04,910 --> 00:32:05,784
within the existing

1088
00:32:05,784 --> 00:32:06,907
built-up areas of

1089
00:32:06,907 --> 00:32:07,937
the site on a new

1090
00:32:07,937 --> 00:32:09,154
pile foundation

1091
00:32:09,154 --> 00:32:16,657
. The proposed

1092
00:32:16,657 --> 00:32:18,296
design improves upon the

1093
00:32:18,296 --> 00:32:20,044
existing dimensional

1094
00:32:20,044 --> 00:32:21,354
conditions by

1095
00:32:21,354 --> 00:32:23,430
increasing the front

1096
00:32:23,430 --> 00:32:25,505
setbacks from approximately

1097
00:32:25,505 --> 00:32:27,635
51.5 to 53 feet, the left

1098
00:32:27,635 --> 00:32:29,547
setbacks from 5.2 to 6.7

1099
00:32:29,547 --> 00:32:31,185
feet, and the right

1100
00:32:31,185 --> 00:32:33,042
setback from 0.15 to 2.2

1101
00:32:33,042 --> 00:32:35,227
feet, while maintaining a

1102
00:32:35,227 --> 00:32:37,084
corresponding

1103
00:32:37,084 --> 00:32:38,613
rear setback of

1104
00:32:38,613 --> 00:32:44,199
approximately 29.5 feet. 0.5

1105
00:32:44,199 --> 00:32:46,060
. I can't read it

1106
00:32:46,060 --> 00:32:50,775
on the screen. The

1107
00:32:50,775 --> 00:32:52,388
proposed

1108
00:32:52,388 --> 00:32:54,062
total

1109
00:32:54,062 --> 00:32:56,333
floor area will increase

1110
00:32:56,333 --> 00:33:00,978
from 2,533 to 3,127 sq m. feet,

1111
00:33:00,978 --> 00:33:05,283
that is, by 23.45%. The

1112
00:33:05,283 --> 00:33:06,538
rebuilt building

1113
00:33:06,538 --> 00:33:08,704
will retain existing

1114
00:33:08,736 --> 00:33:09,772
side setback discrepancies,

1115
00:33:09,772 --> 00:33:10,463
although both

1116
00:33:10,463 --> 00:33:11,593
non-compliant side

1117
00:33:11,593 --> 00:33:12,126
setbacks

1118
00:33:12,126 --> 00:33:12,911
are improved

1119
00:33:12,911 --> 00:33:13,822
by the proposed

1120
00:33:13,822 --> 00:33:21,819
design. Pursuant

1121
00:33:21,819 --> 00:33:22,895
to Section 810.2 C,

1122
00:33:22,895 --> 00:33:25,382
the applicant requests the

1123
00:33:25,419 --> 00:33:27,312
Zoning Board to issue

1124
00:33:27,349 --> 00:33:28,760
a finding pursuant to MGLC

1125
00:33:28,760 --> 00:33:30,207
40A, Section 6, that

1126
00:33:30,207 --> 00:33:31,395
the reconstruction will not

1127
00:33:31,395 --> 00:33:32,694
be substantially more

1128
00:33:32,694 --> 00:33:34,178
detrimental to the area

1129
00:33:34,178 --> 00:33:34,995
than the existing

1130
00:33:34,995 --> 00:33:36,442
nonconforming structure

1131
00:33:36,442 --> 00:33:43,696
. Due to the

1132
00:33:43,696 --> 00:33:45,095
property's location in a

1133
00:33:45,095 --> 00:33:46,493
floodplain and watershed protection area,

1134
00:33:46,493 --> 00:33:47,266
within

1135
00:33:47,266 --> 00:33:48,591
FEMA flood zones VE16 and

1136
00:33:48,591 --> 00:33:49,879
AE13, the proposed

1137
00:33:49,879 --> 00:33:50,762
home will be

1138
00:33:50,762 --> 00:33:51,572
raised and

1139
00:33:51,572 --> 00:33:52,676
rebuilt on a

1140
00:33:52,676 --> 00:33:53,854
new pile

1141
00:33:53,854 --> 00:33:56,961
foundation.

1142
00:33:56,961 --> 00:33:58,973
In accordance with the current

1143
00:34:00,282 --> 00:34:02,422
FEMA National Flood Insurance Program,

1144
00:34:02,454 --> 00:34:03,699
Massachusetts Building Code, and

1145
00:34:03,699 --> 00:34:05,967
local requirements for

1146
00:34:05,999 --> 00:34:10,276
flood-resistant structures. Simply by

1147
00:34:10,276 --> 00:34:17,741
section 470.6 F,

1148
00:34:17,741 --> 00:34:18,873
zoning regulations

1149
00:34:18,873 --> 00:34:19,705
provide for a

1150
00:34:19,705 --> 00:34:20,903
special permit

1151
00:34:20,903 --> 00:34:21,569
for substantial

1152
00:34:21,569 --> 00:34:22,468
improvements to

1153
00:34:22,468 --> 00:34:24,199
existing structures within the

1154
00:34:24,232 --> 00:34:25,098
floodplain and

1155
00:34:25,098 --> 00:34:26,230
watershed, provided they

1156
00:34:26,230 --> 00:34:27,128
comply with the

1157
00:34:27,128 --> 00:34:29,259
National

1158
00:34:29,292 --> 00:34:30,058
Flood Insurance Program,

1159
00:34:30,058 --> 00:34:30,823
applicable

1160
00:34:30,823 --> 00:34:31,456
state

1161
00:34:31,456 --> 00:34:32,654
building codes

1162
00:34:32,654 --> 00:34:33,753
for

1163
00:34:33,753 --> 00:34:35,018
flood-resistant construction,

1164
00:34:35,018 --> 00:34:35,883
and preserve

1165
00:34:35,883 --> 00:34:36,815
natural

1166
00:34:36,815 --> 00:34:45,596
drainage patterns. Because the

1167
00:34:45,596 --> 00:34:46,991
proposed work

1168
00:34:46,991 --> 00:34:48,875
is determined by the

1169
00:34:48,910 --> 00:34:49,886
Building Commissioner to be a

1170
00:34:49,886 --> 00:34:50,410
substantial

1171
00:34:50,410 --> 00:34:51,386
improvement, the

1172
00:34:51,386 --> 00:34:52,433
applicant requests a

1173
00:34:52,433 --> 00:34:53,689
special

1174
00:34:53,689 --> 00:34:54,700
permit pursuant to

1175
00:34:54,700 --> 00:34:56,061
Section 470.6 F. The project

1176
00:34:56,061 --> 00:35:02,852
will remain

1177
00:35:02,852 --> 00:35:03,805
within the existing

1178
00:35:03,805 --> 00:35:05,044
use of the property

1179
00:35:05,044 --> 00:35:06,060
as a single-family

1180
00:35:06,060 --> 00:35:07,172
residential building,

1181
00:35:07,172 --> 00:35:08,252
replacing the existing

1182
00:35:08,252 --> 00:35:09,237
building with a more

1183
00:35:09,237 --> 00:35:10,286
flood-resistant

1184
00:35:10,286 --> 00:35:10,921
structure and

1185
00:35:10,921 --> 00:35:11,588
improving the

1186
00:35:11,588 --> 00:35:12,255
spatial

1187
00:35:12,255 --> 00:35:13,526
setting of the building

1188
00:35:13,526 --> 00:35:14,606
relative to neighboring

1189
00:35:14,606 --> 00:35:16,502
lots. The

1190
00:35:16,502 --> 00:35:17,345
proposed

1191
00:35:17,345 --> 00:35:18,344
reconstruction does not

1192
00:35:18,344 --> 00:35:19,343
increase the existing

1193
00:35:19,343 --> 00:35:20,592
discrepancies regarding

1194
00:35:20,592 --> 00:35:21,810
setbacks from the lateral

1195
00:35:21,810 --> 00:35:23,499
boundaries of the site. On the contrary,

1196
00:35:23,499 --> 00:35:24,721
both inappropriate

1197
00:35:24,721 --> 00:35:25,911
side setbacks

1198
00:35:25,911 --> 00:35:27,422
are improved within the

1199
00:35:27,454 --> 00:35:28,451
proposed

1200
00:35:28,451 --> 00:35:33,631
project. Uh-huh. We also

1201
00:35:33,631 --> 00:35:34,774
reduce the total

1202
00:35:34,774 --> 00:35:36,138
area of

1203
00:35:36,170 --> 00:35:37,217
waterproofing the site

1204
00:35:37,217 --> 00:35:37,757
because we

1205
00:35:37,757 --> 00:35:39,026
are rebuilding the house

1206
00:35:39,026 --> 00:35:40,169
on stilts, which is a more

1207
00:35:40,169 --> 00:35:41,279
flood-resistant

1208
00:35:41,279 --> 00:35:45,176
method. For these reasons,

1209
00:35:45,176 --> 00:35:46,090
we ask the council

1210
00:35:46,090 --> 00:35:46,751
to accept that the

1211
00:35:46,751 --> 00:35:47,602
proposed

1212
00:35:47,602 --> 00:35:48,610
redevelopment

1213
00:35:48,610 --> 00:35:49,366
will not be significantly more

1214
00:35:49,366 --> 00:35:50,311
detrimental to

1215
00:35:50,311 --> 00:35:51,445
the area than the existing

1216
00:35:51,445 --> 00:35:52,674
non-conforming structure

1217
00:35:52,674 --> 00:35:58,094
. That's too many words. I'm

1218
00:35:58,094 --> 00:35:59,096
sure you

1219
00:35:59,096 --> 00:36:00,357
guys would rather have

1220
00:36:00,357 --> 00:36:01,327
this in writing than

1221
00:36:01,327 --> 00:36:02,621
listen to me read it out

1222
00:36:02,621 --> 00:36:03,689
loud.

1223
00:36:03,689 --> 00:36:07,513
OK. Uh, Secretary

1224
00:36:07,513 --> 00:36:08,688
, yes, I understand that

1225
00:36:08,688 --> 00:36:09,794
considering the option of

1226
00:36:09,794 --> 00:36:11,038
jacking up an existing

1227
00:36:11,038 --> 00:36:12,386
building

1228
00:36:12,386 --> 00:36:13,423
seems like a pretty

1229
00:36:13,423 --> 00:36:18,436
good change. Er,

1230
00:36:18,436 --> 00:36:19,532
it was not deemed

1231
00:36:19,532 --> 00:36:20,725
feasible because

1232
00:36:20,725 --> 00:36:21,886
the site is small and the

1233
00:36:21,886 --> 00:36:22,885
logistics would be

1234
00:36:22,885 --> 00:36:25,942
too complicated. This is a

1235
00:36:25,942 --> 00:36:26,895
high

1236
00:36:26,895 --> 00:36:28,325
flow velocity area and

1237
00:36:28,325 --> 00:36:29,795
we certainly have

1238
00:36:29,795 --> 00:36:31,106
FEMA requirements that we

1239
00:36:31,106 --> 00:36:37,724
face every day. Uh,

1240
00:36:37,724 --> 00:36:39,126
and I looked at the plans,

1241
00:36:39,126 --> 00:36:40,240
and the building area

1242
00:36:40,240 --> 00:36:41,534
deviates less

1243
00:36:41,534 --> 00:36:42,972
from the norms than the existing one,

1244
00:36:42,972 --> 00:36:44,266
so I think it's

1245
00:36:44,266 --> 00:36:52,262
reasonable. This is the type of

1246
00:36:52,262 --> 00:36:53,096
project that is

1247
00:36:53,096 --> 00:36:54,031
being implemented in

1248
00:36:54,031 --> 00:36:55,366
many places, so

1249
00:36:55,366 --> 00:36:56,635
I think it is typical

1250
00:36:56,635 --> 00:36:57,536
of what we

1251
00:36:57,536 --> 00:36:58,204
will see in the

1252
00:36:58,204 --> 00:37:02,897
future. Thank you. Is

1253
00:37:02,897 --> 00:37:05,162
anyone here?

1254
00:37:05,162 --> 00:37:06,243
And they are improving

1255
00:37:06,243 --> 00:37:07,357
their property, that's

1256
00:37:07,357 --> 00:37:08,688
nice.

1257
00:37:08,688 --> 00:37:10,096
Uh, maybe someone in the

1258
00:37:10,096 --> 00:37:11,346
back rows. Uh,

1259
00:37:11,346 --> 00:37:13,161
follow-up on

1260
00:37:13,161 --> 00:37:14,053
So, when you

1261
00:37:14,053 --> 00:37:15,058
mention the 25-

1262
00:37:15,058 --> 00:37:16,471
minute, 22-minute

1263
00:37:16,471 --> 00:37:17,439
walk to the

1264
00:37:17,439 --> 00:37:21,208
train station. Uh, a question

1265
00:37:21,208 --> 00:37:22,518
about the new plan regarding the

1266
00:37:22,518 --> 00:37:23,828
land where the fenced

1267
00:37:23,828 --> 00:37:25,104
area is—is it a covered

1268
00:37:25,104 --> 00:37:26,379
parking lot with a deck

1269
00:37:26,379 --> 00:37:30,332
on top?

1270
00:37:30,332 --> 00:37:31,477
Yes, there will be parking underneath it

1271
00:37:31,477 --> 00:37:32,214
.

1272
00:37:32,214 --> 00:37:33,046
Of course.

1273
00:37:33,046 --> 00:37:34,567
And there will be flooring on top.

1274
00:37:34,567 --> 00:37:36,863
I understand that. What's up there

1275
00:37:36,863 --> 00:37:38,442
now? Is this part of

1276
00:37:38,442 --> 00:37:39,135
the house?

1277
00:37:39,135 --> 00:37:41,779
This is a house. Yes, and he is

1278
00:37:41,779 --> 00:37:42,696
on stilts.

1279
00:37:42,696 --> 00:37:43,910
And it goes right

1280
00:37:43,910 --> 00:37:44,938
to the edge of the plot.

1281
00:37:44,938 --> 00:37:46,183
It goes right to

1282
00:37:46,183 --> 00:37:47,605
the edge of the plot. So, we're

1283
00:37:47,605 --> 00:37:49,821
improving it.

1284
00:37:49,821 --> 00:37:51,203
It's on a flat slab now, and the

1285
00:37:51,203 --> 00:37:52,550
rest of the house

1286
00:37:52,550 --> 00:37:57,526
is raised on, um...I

1287
00:37:57,526 --> 00:37:58,989
was going to ask what kind of

1288
00:37:58,989 --> 00:38:00,986
wood that is? Pine or...

1289
00:38:00,986 --> 00:38:02,146
Cedar logs.

1290
00:38:02,146 --> 00:38:03,528
That's

1291
00:38:03,528 --> 00:38:05,082
right. I say: yes.

1292
00:38:05,082 --> 00:38:06,427
Those cedar logs.

1293
00:38:06,427 --> 00:38:07,761
That's right. Cedar

1294
00:38:07,761 --> 00:38:08,331
logs.

1295
00:38:08,331 --> 00:38:09,772
One question. I didn't

1296
00:38:09,772 --> 00:38:11,619
look at the details. Do you

1297
00:38:11,619 --> 00:38:13,043
know if that flooring is

1298
00:38:13,077 --> 00:38:14,497
waterproof?

1299
00:38:14,497 --> 00:38:15,905
In other words, is

1300
00:38:15,905 --> 00:38:16,690
it a roof?

1301
00:38:16,690 --> 00:38:17,799
No, that's not true.

1302
00:38:17,799 --> 00:38:18,331
So,

1303
00:38:18,331 --> 00:38:19,633
this is an open terrace.

1304
00:38:19,633 --> 00:38:20,736
Water can pass

1305
00:38:20,736 --> 00:38:21,373
through it.

1306
00:38:21,373 --> 00:38:22,066
Um...

1307
00:38:22,066 --> 00:38:23,094
and drip on my

1308
00:38:23,094 --> 00:38:29,538
cars.

1309
00:38:29,538 --> 00:38:44,567
No, that terrace...That

1310
00:38:44,567 --> 00:38:45,140
terrace is

1311
00:38:45,140 --> 00:38:47,216
waterproof.

1312
00:38:47,216 --> 00:38:48,362
So it actually

1313
00:38:48,362 --> 00:38:49,266
becomes part of the

1314
00:38:49,266 --> 00:38:50,417
house. Although it

1315
00:38:50,417 --> 00:38:51,690
doesn't change anything.

1316
00:38:51,690 --> 00:38:53,623
Yes.

1317
00:38:53,623 --> 00:38:54,997
Well, it's a building with a roof

1318
00:38:54,997 --> 00:38:56,336
, even if there's parking underneath it

1319
00:38:56,336 --> 00:39:00,288
. But it's still

1320
00:39:00,288 --> 00:39:00,981
less of a

1321
00:39:00,981 --> 00:39:02,297
departure from the norm

1322
00:39:02,297 --> 00:39:05,242
than what's out there now.

1323
00:39:05,242 --> 00:39:06,097
True.

1324
00:39:06,097 --> 00:39:08,408
Therefore. And one more thing I will

1325
00:39:08,408 --> 00:39:09,472
say: at least

1326
00:39:09,472 --> 00:39:10,297
part of this

1327
00:39:10,297 --> 00:39:11,636
structure must be

1328
00:39:11,636 --> 00:39:12,667
fireproof and

1329
00:39:12,667 --> 00:39:15,362
fire-resistant.

1330
00:39:15,362 --> 00:39:15,937
True.

1331
00:39:15,937 --> 00:39:17,276
And it could even be the

1332
00:39:17,276 --> 00:39:19,660
boundary of the plot. So, it

1333
00:39:19,660 --> 00:39:20,818
could be the land

1334
00:39:20,818 --> 00:39:21,621
side.

1335
00:39:21,621 --> 00:39:22,870
Well, that's okay.

1336
00:39:22,870 --> 00:39:24,261
This side must be

1337
00:39:24,261 --> 00:39:25,323
protected.

1338
00:39:25,323 --> 00:39:26,484
True.

1339
00:39:26,484 --> 00:39:30,274
Good. Virus. And that's

1340
00:39:30,274 --> 00:39:31,251
if they...Now

1341
00:39:31,251 --> 00:39:32,399
I have it as an impenetrable

1342
00:39:32,399 --> 00:39:33,318
structure, and that's

1343
00:39:33,318 --> 00:39:33,835
if they

1344
00:39:33,835 --> 00:39:34,869
continue in

1345
00:39:34,869 --> 00:39:35,773
this direction.

1346
00:39:35,773 --> 00:39:37,033
Yes, I know that.

1347
00:39:37,033 --> 00:39:37,850
impenetrable.

1348
00:39:37,850 --> 00:39:38,869
I don't think it's

1349
00:39:38,869 --> 00:39:40,195
necessarily affordable

1350
00:39:40,195 --> 00:39:43,856
.

1351
00:39:43,856 --> 00:39:45,352
Also, the building that

1352
00:39:45,352 --> 00:39:46,503
stands there has a very

1353
00:39:46,503 --> 00:39:50,336
large area. I

1354
00:39:50,336 --> 00:39:51,164
mean, we're

1355
00:39:51,164 --> 00:39:52,180
bringing it

1356
00:39:52,180 --> 00:39:53,384
up to

1357
00:39:53,384 --> 00:39:54,550
FEMA standards, and the height

1358
00:39:54,550 --> 00:39:55,980
remains the same,

1359
00:39:55,980 --> 00:39:57,410
but what's there now is a

1360
00:39:57,410 --> 00:39:58,652
whole...Technically it

1361
00:39:58,652 --> 00:39:59,781
could be two

1362
00:39:59,781 --> 00:40:01,461
stories. This is a huge

1363
00:40:01,461 --> 00:40:04,277
open room. We

1364
00:40:04,277 --> 00:40:05,127
went the way of

1365
00:40:05,127 --> 00:40:08,559
raising the house. This

1366
00:40:08,559 --> 00:40:09,957
was my first project

1367
00:40:09,957 --> 00:40:11,284
, we chose this path

1368
00:40:11,284 --> 00:40:12,324
because we thought it would

1369
00:40:12,324 --> 00:40:15,430
save them money.

1370
00:40:15,430 --> 00:40:17,690
Well, I didn't think so. I

1371
00:40:17,690 --> 00:40:18,946
never thought so

1372
00:40:18,946 --> 00:40:20,135
from the beginning,

1373
00:40:20,135 --> 00:40:20,962
but when they

1374
00:40:20,962 --> 00:40:22,251
got the numbers, it didn't

1375
00:40:22,251 --> 00:40:23,670
save them any money.

1376
00:40:23,670 --> 00:40:26,066
It was much, more expensive. So I

1377
00:40:26,066 --> 00:40:27,086
said, "Okay, we'll

1378
00:40:27,086 --> 00:40:27,867
design and

1379
00:40:27,867 --> 00:40:28,827
build a new

1380
00:40:28,827 --> 00:40:29,993
house." Let's not

1381
00:40:29,993 --> 00:40:30,812
be too

1382
00:40:30,812 --> 00:40:31,719
greedy, let's

1383
00:40:31,719 --> 00:40:32,743
downsize the house a bit and

1384
00:40:32,743 --> 00:40:33,708
bring it up to

1385
00:40:33,708 --> 00:40:34,761
code, especially with the

1386
00:40:34,761 --> 00:40:35,932
side setbacks, so

1387
00:40:35,932 --> 00:40:36,780
we don't have to

1388
00:40:36,780 --> 00:40:37,365
make everything

1389
00:40:37,365 --> 00:40:40,052
fireproof.

1390
00:40:40,052 --> 00:40:41,174
Otherwise, almost the entire

1391
00:40:41,174 --> 00:40:42,428
house remains

1392
00:40:42,428 --> 00:40:45,021
within the same boundaries. Everything

1393
00:40:45,021 --> 00:40:47,910
remains unchanged.

1394
00:40:47,910 --> 00:40:50,575
Does the council have any questions?

1395
00:40:50,575 --> 00:40:51,672
Does

1396
00:40:51,672 --> 00:40:53,618
anyone online have a question?

1397
00:40:53,618 --> 00:40:56,823
No.

1398
00:40:56,823 --> 00:40:59,369
OK. Hello, are there any

1399
00:40:59,369 --> 00:41:00,251
questions or

1400
00:41:00,251 --> 00:41:01,279
comments?

1401
00:41:01,279 --> 00:41:02,097
No.

1402
00:41:02,097 --> 00:41:03,188
OK. I make

1403
00:41:03,188 --> 00:41:04,143
a motion regarding the

1404
00:41:04,143 --> 00:41:05,321
third application of Karl

1405
00:41:05,321 --> 00:41:06,594
Byas, who is

1406
00:41:06,594 --> 00:41:07,772
the applicant on behalf of

1407
00:41:07,772 --> 00:41:09,394
the owner. Mr. Kushner

1408
00:41:09,394 --> 00:41:10,414
, this concerns a

1409
00:41:10,414 --> 00:41:11,871
special permit

1410
00:41:11,871 --> 00:41:13,292
under the provisions of

1411
00:41:13,292 --> 00:41:14,712
Section 968 and Section

1412
00:41:14,712 --> 00:41:15,878
810.42 of the Central

1413
00:41:15,878 --> 00:41:17,299
Zoning Law

1414
00:41:17,299 --> 00:41:18,428
for the demolition and

1415
00:41:18,428 --> 00:41:19,593
reconstruction on

1416
00:41:19,593 --> 00:41:20,686
stilts of an existing single-

1417
00:41:20,686 --> 00:41:21,815
family dwelling

1418
00:41:21,815 --> 00:41:22,981
located at

1419
00:41:22,981 --> 00:41:25,123
153 Oakhurst.

1420
00:41:25,123 --> 00:41:26,518
Each in a residential

1421
00:41:26,518 --> 00:41:28,683
R3 district. I hope

1422
00:41:28,683 --> 00:41:30,418
this is correct. According

1423
00:41:30,418 --> 00:41:31,585
to this

1424
00:41:31,585 --> 00:41:33,563
Sternbeck and Taylor plan

1425
00:41:33,563 --> 00:41:37,558
dated August 24, 2026.

1426
00:41:37,558 --> 00:41:38,620
And the council believes that

1427
00:41:38,620 --> 00:41:39,716
the reconstruction does not

1428
00:41:39,716 --> 00:41:40,607
create new

1429
00:41:40,607 --> 00:41:41,737
inconsistencies with

1430
00:41:41,737 --> 00:41:44,206
existing ones. Such

1431
00:41:44,206 --> 00:41:45,302
intensification is

1432
00:41:45,302 --> 00:41:46,535
much more harmful

1433
00:41:46,535 --> 00:41:49,382
to the region. Therefore. Who is

1434
00:41:49,382 --> 00:41:49,976
for it?

1435
00:41:49,976 --> 00:41:51,142
By.

1436
00:41:51,142 --> 00:41:55,184
Thank you, colleagues.

1437
00:41:55,184 --> 00:41:57,454
Good evening.

1438
00:41:57,454 --> 00:41:58,846
Elizabeth, do we have

1439
00:41:58,846 --> 00:42:02,544
any other business?

1440
00:42:02,544 --> 00:42:03,660
You are waiting for me to

1441
00:42:03,660 --> 00:42:04,676
announce that we are

1442
00:42:04,676 --> 00:42:05,691
meeting on

1443
00:42:05,691 --> 00:42:06,639
Monday regarding the

1444
00:42:06,639 --> 00:42:08,753
Village Parish.

1445
00:42:08,753 --> 00:42:09,533
We need to

1446
00:42:09,533 --> 00:42:10,610
set a date.

1447
00:42:10,610 --> 00:42:11,327
Because we

1448
00:42:11,327 --> 00:42:12,522
need to decide

1449
00:42:12,522 --> 00:42:13,485
on a day. We have to

1450
00:42:13,485 --> 00:42:14,368
hold the first

1451
00:42:14,368 --> 00:42:15,377
vote on whether

1452
00:42:15,377 --> 00:42:16,165
to establish an

1453
00:42:16,165 --> 00:42:17,350
extension. No, we

1454
00:42:17,350 --> 00:42:18,591
have to decide

1455
00:42:18,591 --> 00:42:19,538
on a date and then

1456
00:42:19,538 --> 00:42:23,583
vote. So,

1457
00:42:23,583 --> 00:42:26,124
there are several dates that the

1458
00:42:26,160 --> 00:42:30,688
applicant's lawyer has suggested. Monday,

1459
00:42:30,688 --> 00:42:32,501
October 26, Monday,

1460
00:42:32,501 --> 00:42:34,360
November 2, Monday,

1461
00:42:34,360 --> 00:42:35,568
November 9 and

1462
00:42:35,568 --> 00:42:36,637
Monday,

1463
00:42:36,637 --> 00:42:39,905
November 16. Our

1464
00:42:39,905 --> 00:42:41,231
external expert from

1465
00:42:41,231 --> 00:42:42,455
Merrill just

1466
00:42:42,455 --> 00:42:43,815
received the revised

1467
00:42:43,815 --> 00:42:45,175
plan and is reviewing it

1468
00:42:45,175 --> 00:42:48,452
for us. I don't know

1469
00:42:48,452 --> 00:42:49,858
how long this might

1470
00:42:49,858 --> 00:42:51,408
take. She is

1471
00:42:51,408 --> 00:42:52,636
holding a

1472
00:42:52,636 --> 00:42:53,697
Zoom meeting with an engineer and a

1473
00:42:53,697 --> 00:42:55,692
lawyer. It seems that

1474
00:42:55,692 --> 00:42:56,876
next week,

1475
00:42:56,876 --> 00:42:58,240
they haven't yet reached a final agreement

1476
00:42:58,240 --> 00:42:59,952
. So we'll

1477
00:42:59,952 --> 00:43:01,068
find out more

1478
00:43:01,068 --> 00:43:02,383
after that. And then,

1479
00:43:02,383 --> 00:43:03,367
of course, we also

1480
00:43:03,367 --> 00:43:04,285
have to conduct an

1481
00:43:04,285 --> 00:43:05,565
interdepartmental review

1482
00:43:05,565 --> 00:43:06,053
.

1483
00:43:06,053 --> 00:43:07,396
We also need to

1484
00:43:07,396 --> 00:43:08,816
find out if

1485
00:43:08,816 --> 00:43:10,313
the applicant agrees to a total

1486
00:43:10,313 --> 00:43:11,911
period of 380 days.

1487
00:43:11,911 --> 00:43:13,306
Yes, of course. And we

1488
00:43:13,306 --> 00:43:14,421
need this written

1489
00:43:14,421 --> 00:43:15,478
confirmation if

1490
00:43:15,478 --> 00:43:16,716
they agree. So, I

1491
00:43:16,716 --> 00:43:17,560
guess.

1492
00:43:17,560 --> 00:43:18,658
We should probably

1493
00:43:18,658 --> 00:43:19,669
find out before

1494
00:43:19,669 --> 00:43:20,796
making a decision on

1495
00:43:20,796 --> 00:43:21,995
extending the deadline.

1496
00:43:21,995 --> 00:43:26,533
No. Yes. Great idea.

1497
00:43:26,533 --> 00:43:27,290
Chris is on

1498
00:43:27,290 --> 00:43:28,180
vacation now, he

1499
00:43:28,180 --> 00:43:31,546
will be back on Sunday.

1500
00:43:31,546 --> 00:43:32,726
He is supposed to

1501
00:43:32,726 --> 00:43:35,092
be here for a meeting on Monday.

1502
00:43:35,092 --> 00:43:35,850
Do we want

1503
00:43:35,850 --> 00:43:36,839
to discuss the date

1504
00:43:36,839 --> 00:43:39,010
before the vote?

1505
00:43:39,010 --> 00:43:39,793
I think it's worth

1506
00:43:39,793 --> 00:43:40,547
finding out if

1507
00:43:40,547 --> 00:43:41,602
they'll agree to a

1508
00:43:41,602 --> 00:43:42,597
general term

1509
00:43:42,597 --> 00:43:43,391
before we...

1510
00:43:43,391 --> 00:43:44,543
So I can send

1511
00:43:44,543 --> 00:43:45,059
the lawyer an

1512
00:43:45,059 --> 00:43:46,243
email

1513
00:43:46,243 --> 00:43:46,819
asking them

1514
00:43:46,819 --> 00:43:47,924
to confirm that. We

1515
00:43:47,924 --> 00:43:49,138
want to ask for a

1516
00:43:49,138 --> 00:43:50,228
time period like for the

1517
00:43:50,228 --> 00:43:51,162
two previous

1518
00:43:51,162 --> 00:43:51,916
extensions.

1519
00:43:51,916 --> 00:43:53,236
What did they ask,

1520
00:43:53,236 --> 00:43:53,580
yes.

1521
00:43:53,580 --> 00:43:54,238
Perfectly.

1522
00:43:54,238 --> 00:43:56,782
Good. OK. If

1523
00:43:56,782 --> 00:43:58,034
there are no other questions,

1524
00:43:58,034 --> 00:43:59,146
I propose to close the

1525
00:43:59,146 --> 00:44:01,656
meeting. I

1526
00:44:01,656 --> 00:44:02,511
support.

1527
00:44:02,511 --> 00:44:05,441
OK.