1 00:00:24,370 --> 00:00:31,210 Those on board of appeals will come to order. There's a September 24th, 2026, first order of business, 2 00:00:31,450 --> 00:00:33,990 except into the minutes from August 27th meeting. 3 00:00:36,220 --> 00:00:37,920 Motion made in second, all those in favour. 4 00:00:38,740 --> 00:00:43,120 Chair votes aye, the motion passes. So for those of you who haven't been here before, the way 5 00:00:43,120 --> 00:00:48,120 there's on board of appeals works. Petitioner presents the case after the petitioner presents 6 00:00:48,120 --> 00:00:53,600 the case. We'll go to public import, ask to hear from those in favour. After those in favour, 7 00:00:53,600 --> 00:00:55,120 we'll have from those in opposition. 8 00:00:55,660 --> 00:00:57,880 After those in opposition, we'll go back to the petition 9 00:00:57,880 --> 00:01:01,260 to answer any questions or concerns that might have. 10 00:01:02,000 --> 00:01:03,760 But please make sure if you want to be heard, 11 00:01:03,760 --> 00:01:06,380 you do so at the appropriate time. 12 00:01:06,820 --> 00:01:10,360 Read off the names and case numbers for tonight's meeting. 13 00:01:10,420 --> 00:01:12,620 Let us know if you had case number 3, 5, 2, 14 00:01:12,680 --> 00:01:14,820 lock in 24 main street for the petition. 15 00:01:15,760 --> 00:01:16,700 Is there any opposition? 16 00:01:18,060 --> 00:01:19,920 That will be the second case this evening. 17 00:01:19,920 --> 00:01:29,660 Case number three, five three sues a Felipe way, property ID 46-337 for the petitioner is any opposition. 18 00:01:30,900 --> 00:01:41,640 That will be the first case this evening. Case number three, five for a dream to reality LLC 160 Bay Street for the petitioner is any opposition. 19 00:01:42,380 --> 00:01:48,880 That will be the third case this evening, the fourth case this evening, case 3, 5, 5, 20 00:01:48,940 --> 00:01:53,840 this is a five-dot mystery for the petitioner, is there any opposition? 21 00:01:55,580 --> 00:02:03,200 Okay, so we'll ready to get right to know it here at case 3, 5, 3, 2, 3, 2, 3, 4, 22 00:02:03,200 --> 00:02:10,380 away, property ID, 466-337, a special permit from Section 440 attachment, one of those 23 00:02:10,380 --> 00:02:16,440 own ordinance to allow a two-family use in a suburban residential district, attorney Brianna 24 00:02:18,870 --> 00:02:19,310 Corar. 25 00:02:19,530 --> 00:02:20,370 I'm going to excuse myself. 26 00:02:27,370 --> 00:02:28,950 Mr. Fitzgerald, will you be speaking? 27 00:02:29,890 --> 00:02:31,130 Only if I'm asked questions. 28 00:02:32,130 --> 00:02:35,130 So whether that's morning or going to give the truth, I'll turn it off from what the truth 29 00:02:35,130 --> 00:02:35,790 is to help you, God? 30 00:02:36,430 --> 00:02:36,530 I do. 31 00:02:36,530 --> 00:02:37,710 I'm going to address for the record place. 32 00:02:37,870 --> 00:02:42,350 We're at Fitzgerald S.F.G. Engineering, 28 Main Street and Lakeville, Project Engineer. 33 00:02:43,330 --> 00:02:44,530 You're really tall, but you want to do? 34 00:02:44,610 --> 00:02:48,810 Good evening, Attorney Brianna Kerl, with an office at 123 Broadway in S.H.I.N. 35 00:02:48,810 --> 00:02:51,710 if I could just share my screen with you. 36 00:03:02,400 --> 00:03:02,800 Oh, wait, hold on. 37 00:03:03,100 --> 00:03:04,640 It would help if I connect with us too. 38 00:03:04,680 --> 00:03:06,960 I only plugged in, and that's my fault I apologize. 39 00:03:10,830 --> 00:03:11,530 I wish it worked. 40 00:03:14,540 --> 00:03:15,200 Okay, thank you. 41 00:03:16,420 --> 00:03:20,900 We are here tonight representing Mr. Susa, and fortunately he cannot join us here tonight, 42 00:03:20,900 --> 00:03:29,540 regarding a two-family use special permit for Felipe way and time and this is a portion of parcel 46-337 43 00:03:30,260 --> 00:03:35,220 So I say a portion of that parcel because if you were to look this up on the GIS 44 00:03:35,220 --> 00:03:38,540 Unfortunately, the GIS is not accurate or up to date for this parcel 45 00:03:38,540 --> 00:03:41,280 So you'll see what you have highlighted here 46 00:03:41,280 --> 00:03:46,680 Our parcel is actually a portion of it. It's around here and correct me if I say anything incorrect Brad 47 00:03:47,380 --> 00:03:53,460 But our parcel is around here, it's about diagonally across the street from this parcel here. 48 00:03:54,060 --> 00:03:58,120 Our client purchased this in 2002, there was a confirmatory ID in 2003. 49 00:03:59,180 --> 00:04:01,620 The law is referenced as parcel 4 on those deeds. 50 00:04:01,660 --> 00:04:04,620 I'm not sure why the GIS is not updated to show our law, 51 00:04:05,100 --> 00:04:08,380 but I just wanted to clarify and make sure that that was clear to everyone. 52 00:04:09,340 --> 00:04:11,960 So we are in the suburban residential zoning district, 53 00:04:12,540 --> 00:04:14,540 where adjacent to the urban residential district, 54 00:04:14,540 --> 00:04:17,180 so you can see where that right across the street 55 00:04:17,180 --> 00:04:18,620 is where the urban district is. 56 00:04:19,100 --> 00:04:21,040 The purpose of this suburban residential district 57 00:04:21,040 --> 00:04:23,340 as this board is well aware is to establish 58 00:04:23,340 --> 00:04:25,480 and preserve areas for residential development 59 00:04:25,480 --> 00:04:27,760 while maintaining the atmosphere of open space. 60 00:04:28,420 --> 00:04:30,420 Based off of the size of the lot that we have for you 61 00:04:30,420 --> 00:04:31,320 tonight in the proposal, 62 00:04:31,920 --> 00:04:33,720 we suggest that we are meeting those objectives. 63 00:04:34,520 --> 00:04:38,600 The lot consists of 39,024 square feet of area 64 00:04:38,600 --> 00:04:41,680 and the minimum for this district is 25,000 square feet. 65 00:04:41,680 --> 00:04:52,280 the minimum lot size for this is actually exceeding 14 by 14,000, so we have 14,000 additional square feet in area over what's required. 66 00:04:52,980 --> 00:05:00,780 We also exceed the minimum front-age, so front-age for this district is 125 feet, we have 238.71 feet of front-age. 67 00:05:01,540 --> 00:05:04,400 So we're exceeding the minimum front-age by 113 feet here. 68 00:05:04,720 --> 00:05:08,300 So it's a rather large lot certainly in comparison to the minimums required, 69 00:05:09,080 --> 00:05:13,640 And we feel is more and more than adequate to accommodate a two-family use. 70 00:05:14,520 --> 00:05:19,020 When looking at the surrounding neighborhood, there are at least four to five other two-family 71 00:05:19,020 --> 00:05:20,600 homes in the immediate vicinity. 72 00:05:21,120 --> 00:05:28,040 If you see here, shown in blue, we have white when you enter on the free Bayway right there 73 00:05:28,040 --> 00:05:28,520 on the left. 74 00:05:28,700 --> 00:05:29,800 There is a two-family home. 75 00:05:29,960 --> 00:05:35,260 If you continue down, this is a garage, I believe that belongs to the two-family, and then 76 00:05:35,260 --> 00:05:37,060 you have a childplex, which I'll get to in a moment. 77 00:05:37,060 --> 00:05:43,820 And then the street over, we have three to family homes in an eight-unit condo building. 78 00:05:43,900 --> 00:05:46,900 And then you have some, of course, you know, spread out a little bit further away. 79 00:05:47,880 --> 00:05:52,100 Aside from those, there's really all vacant land that is adjacent to this parcel. 80 00:05:52,240 --> 00:05:56,380 So you have the remaining land that's vacant here that's owned by another a butter. 81 00:05:56,660 --> 00:05:59,380 Our client does not own this land that's around to our parcel. 82 00:06:00,380 --> 00:06:05,040 And I believe that the a butter that owns this property also owns this single family home here. 83 00:06:05,800 --> 00:06:11,100 That land, I know you can't see it on this board, but on here you can see the vacant land 84 00:06:11,100 --> 00:06:15,600 behind our parcel goes to railroad tracks, so the railroad tracks are in the rear and 85 00:06:15,600 --> 00:06:20,940 anything that's developed over there is across on the other side of the railroad tracks. 86 00:06:21,160 --> 00:06:27,400 You also have all vacant lands on this side as well that you see here along the triplex, 87 00:06:27,560 --> 00:06:30,300 and then you have the U.S. military reserve center. 88 00:06:30,300 --> 00:06:33,700 So really those are the adjacent abutters across the street. 89 00:06:33,860 --> 00:06:35,980 You have a newly developed triplex. 90 00:06:36,640 --> 00:06:39,300 So this is a visual if it helps a little bit. 91 00:06:39,440 --> 00:06:41,000 This is the beginning of Felipe way. 92 00:06:41,540 --> 00:06:44,020 And as you're going down this street, this is the two family 93 00:06:44,020 --> 00:06:46,560 that I had mentioned the first house you come across. 94 00:06:46,700 --> 00:06:48,300 I believe it has an Eldred Street address. 95 00:06:49,040 --> 00:06:50,540 And then you can see a little bit here. 96 00:06:50,620 --> 00:06:54,300 This is the garage and the shed that I had referenced a moment ago. 97 00:06:54,540 --> 00:06:56,180 And if you continue down the road, 98 00:06:56,500 --> 00:06:59,560 the only other structures developed on this way at this time 99 00:06:59,560 --> 00:07:02,500 is this triplex, three family home. 100 00:07:03,300 --> 00:07:06,040 So my understanding, Brad, if you want to correct me 101 00:07:06,040 --> 00:07:08,320 if I'm wrong, I believe this is our parcel of land 102 00:07:08,320 --> 00:07:11,120 that we're talking about here, which is pretty much 103 00:07:11,120 --> 00:07:12,540 across the street from the triplex. 104 00:07:12,660 --> 00:07:13,180 That's correct. 105 00:07:13,320 --> 00:07:14,980 And if you go down, sleep a way. 106 00:07:15,140 --> 00:07:17,480 There's a turnaround at the end, but there's no other 107 00:07:17,480 --> 00:07:19,320 developed properties on this street. 108 00:07:20,300 --> 00:07:20,940 Excuse me. 109 00:07:21,220 --> 00:07:21,280 Yeah. 110 00:07:21,280 --> 00:07:22,700 Go back to the other picture. 111 00:07:23,060 --> 00:07:23,220 Sure. 112 00:07:23,780 --> 00:07:25,000 That's a three family curve. 113 00:07:25,060 --> 00:07:25,480 Yes. 114 00:07:26,200 --> 00:07:26,360 Yeah. 115 00:07:26,520 --> 00:07:29,420 Because when I went down there, I just wanted to verify 116 00:07:29,420 --> 00:07:29,900 Yes. 117 00:07:30,000 --> 00:07:34,160 Yep, it was a newly constructed triplex 3 family. 118 00:07:37,080 --> 00:07:40,160 So, in looking at comparing a comparison to the surrounding 119 00:07:40,160 --> 00:07:47,280 parcels, so again, ours is 39,000 square feet or 0.895 acres. The vast majority of the 120 00:07:47,280 --> 00:07:53,000 abutting developed properties that are here are much smaller in size. The parcels with two families 121 00:07:53,000 --> 00:08:00,120 or multi-family homes are all around 0.3 acres, so they're roughly around 15,000 square feet. So we exceed 122 00:08:00,120 --> 00:08:05,960 most if not all of those multifamily lots that are in the area, by at least 15,000 square feet. 123 00:08:06,880 --> 00:08:12,040 This is also almost double in area compared to the largest duplex homes, which I believe 124 00:08:12,040 --> 00:08:18,280 would be this one here, or the two family here on the edge of leap away. So we're almost double 125 00:08:18,280 --> 00:08:23,280 in area for those. So we propose that we have more than enough space here for a two family 126 00:08:23,280 --> 00:08:29,100 home, certainly much larger than the lots in the area. So the reasons that we're asking you 127 00:08:29,100 --> 00:08:34,260 grant the special permits tonight. First off, this law conforms to all of the zoning 128 00:08:34,260 --> 00:08:38,220 dimensional requirements. So we are not here for any variances whatsoever. As I mentioned, 129 00:08:38,340 --> 00:08:42,880 we are exceeding all of the minimums here tonight. So they could technically do a single 130 00:08:42,880 --> 00:08:47,660 family by right here, but we are here for two family to conform to the surrounding neighborhood 131 00:08:47,660 --> 00:08:53,580 that we have here and what's already on the street. They would be two townhouse style condominium, 132 00:08:53,700 --> 00:08:58,820 so two units, one duplex, and it would be similar in style to what was already built across 133 00:08:58,820 --> 00:09:03,760 street for the triplex. We suggest that this is in harmony with the general purpose of the 134 00:09:03,760 --> 00:09:09,460 ordinance and also the purpose of the district. Certainly because we have a lot of space 135 00:09:09,460 --> 00:09:13,960 still left over in this lot, we're not over saturating the lot, and there's some wetlands to 136 00:09:13,960 --> 00:09:17,480 as well that, of course, have protections that will have to file with the conservation. 137 00:09:19,260 --> 00:09:24,740 But we also are just, we are doing a residential use with presenting some space there. 138 00:09:24,740 --> 00:09:28,340 The proposal would also provide a more affordable option. 139 00:09:28,820 --> 00:09:30,500 Then most single family homes on the market. 140 00:09:30,600 --> 00:09:32,580 I know not everyone agrees or likes to hear that, 141 00:09:32,900 --> 00:09:35,660 but they are certainly more affordable than a lot of the single family homes. 142 00:09:35,800 --> 00:09:36,900 And there's a need for them. 143 00:09:37,180 --> 00:09:41,540 I did speak with the real estate agent that sold the triplex lots across the street. 144 00:09:42,180 --> 00:09:45,740 I believe they sold within 10 days as what he had told me. 145 00:09:45,980 --> 00:09:49,720 So there is certainly a need for these types of townhouse units. 146 00:09:50,520 --> 00:09:53,140 And then lastly, we would be utilizing city water and sewer. 147 00:09:53,140 --> 00:09:56,560 So our clients had actually done a roadway improvement plan 148 00:09:56,560 --> 00:09:59,680 and was able to improve the road and also bring utilities, 149 00:10:00,320 --> 00:10:01,300 which they're working on finishing. 150 00:10:01,480 --> 00:10:03,440 This would certainly help finance that. 151 00:10:03,720 --> 00:10:05,480 But there would be cities who are in water 152 00:10:05,480 --> 00:10:08,360 for the two families as well, bringing in more income to the city. 153 00:10:09,780 --> 00:10:13,400 So for those reasons, we ask that you approve the special permit. 154 00:10:13,560 --> 00:10:15,260 We're here for any questions that you have, 155 00:10:15,420 --> 00:10:16,600 and we thank you for your time. 156 00:10:17,320 --> 00:10:18,820 Thank you for your thorough presentation. 157 00:10:19,320 --> 00:10:20,940 Questions, comments from the board? 158 00:10:23,690 --> 00:10:24,650 Okay, here we go. 159 00:10:24,730 --> 00:10:27,610 And none will describe them in the morning to the 160 00:10:27,610 --> 00:10:28,230 problem today. 161 00:10:28,550 --> 00:10:29,070 Excuse me, please. 162 00:10:29,150 --> 00:10:30,270 I do have some questions. 163 00:10:32,600 --> 00:10:32,840 Okay. 164 00:10:33,180 --> 00:10:33,940 Thank you, Mr. Stratton. 165 00:10:34,900 --> 00:10:35,500 All right. 166 00:10:36,260 --> 00:10:36,520 Please. 167 00:10:38,760 --> 00:10:39,560 Thank you. 168 00:10:40,880 --> 00:10:41,840 Department comments. 169 00:10:42,960 --> 00:10:43,560 Board of Health. 170 00:10:43,620 --> 00:10:45,920 A lot will do service by municipal water and sewer. 171 00:10:45,940 --> 00:10:47,260 All dwellings must comply. 172 00:10:47,880 --> 00:10:49,780 With the minimum standards of fitness for human 173 00:10:49,780 --> 00:10:51,940 And we have an invitation to stand very cold chapter 174 00:10:51,940 --> 00:10:54,580 to from the city planner. 175 00:10:54,820 --> 00:10:58,780 He has no comment on the submitter request from the city 176 00:10:58,780 --> 00:11:01,180 engineer, no objections from him. 177 00:11:02,440 --> 00:11:04,740 What a common city water is available from the existing 178 00:11:04,740 --> 00:11:06,800 city water may not fully bayway. 179 00:11:07,120 --> 00:11:09,840 It's plans are required in need to be submitted to DPW for water 180 00:11:09,840 --> 00:11:11,840 service of 8,000 curb stops. 181 00:11:12,220 --> 00:11:14,340 DPW payments are required including city license 182 00:11:14,340 --> 00:11:16,660 contractor, road open and indoor trench. 183 00:11:16,660 --> 00:11:22,500 DPW specifications apply including pressure testing materials, installation and new water 184 00:11:22,500 --> 00:11:26,000 meter will update a radio frequency unit and respect it in approval. 185 00:11:26,800 --> 00:11:31,900 Pryonis is required before any say water work is to be performed and inspection will be 186 00:11:31,900 --> 00:11:33,520 required before that done. 187 00:11:34,340 --> 00:11:39,820 From the conservation pageant, the applicant will need to file an host's intent with a 188 00:11:39,820 --> 00:11:44,580 conservation commission as a proposed project is within the 100 foot buffer to board 189 00:11:44,580 --> 00:11:50,380 run vegetated wetlands. And from the DPW, no objection to the 190 00:11:50,380 --> 00:11:55,060 variance request. And fire department, he's reviewed the plans and 191 00:11:55,060 --> 00:11:57,740 determine that sufficient fire department access does exist. 192 00:11:58,640 --> 00:12:03,200 Thank you, Madam Secretary. All right. There's no further questions or 193 00:12:03,800 --> 00:12:08,700 enough to pop up. Is anyone here who would like to speak in favour? Anyone who 194 00:12:08,700 --> 00:12:12,100 would like to speak in favour here and none, is anyone who would like to speak 195 00:12:12,100 --> 00:12:12,780 opposition, 196 00:12:15,990 --> 00:12:19,530 anybody would like to speak in opposition, and now's the time, 197 00:12:23,920 --> 00:12:23,940 all 198 00:12:23,940 --> 00:12:24,200 sat? 199 00:12:24,780 --> 00:12:25,400 Yes, thank you. 200 00:12:25,980 --> 00:12:26,940 Thank you. 201 00:12:26,940 --> 00:12:29,560 If you could go over the microphone, please, and give us your name and 202 00:12:29,560 --> 00:12:32,660 address for the record, thank you, 203 00:12:39,730 --> 00:12:42,430 raise your right hand, so other 204 00:12:42,430 --> 00:12:44,650 testimony about to give the truth to all, there's nothing about the 205 00:12:44,650 --> 00:12:45,490 truth to all of you, God? 206 00:12:45,770 --> 00:12:47,630 Yes, a name and address for the record, please. 207 00:12:48,010 --> 00:12:49,650 My name is Attorney Bill Brown. 208 00:12:49,750 --> 00:12:52,250 My address is up and now, wait with mass. 209 00:12:52,910 --> 00:12:59,090 It's my daughter. She lives on a hiding street. The concerns she has is over the 210 00:12:59,090 --> 00:13:03,150 development down there. They wouldn't have been notified when the original 211 00:13:03,150 --> 00:13:08,950 hearing was going up there to put that roadway in there. And there you wouldn't 212 00:13:08,950 --> 00:13:13,930 it directly abuts it. The reason we're here tonight is by she gave me this 213 00:13:13,930 --> 00:13:17,630 stuff a little bit late coming down and they were of the concern that that 214 00:13:17,630 --> 00:13:23,670 also is going to go right in next to their lot and it appears for me looking at the plan 215 00:13:23,670 --> 00:13:28,750 here that it's going to be a good distance away from it. So I don't think she's got a concern 216 00:13:28,750 --> 00:13:35,170 with that. There was some concern and some talk about where the property line was there and 217 00:13:35,170 --> 00:13:40,970 I'll be looking into that down the road but as far as that house I don't think it's really going 218 00:13:40,970 --> 00:13:42,630 affect them right now. 219 00:13:45,250 --> 00:13:45,850 All right. 220 00:13:46,070 --> 00:13:46,950 Thank you so much. 221 00:13:49,720 --> 00:13:51,660 Anybody else who'd like to speak in opposition? 222 00:13:53,160 --> 00:13:54,200 Hearing none. 223 00:13:55,740 --> 00:13:59,240 Mr. Ackerman, do you have your comments that you are kindly reserving? 224 00:14:00,720 --> 00:14:02,280 I will down there. 225 00:14:02,380 --> 00:14:04,100 Since there is a road of improvement. 226 00:14:05,200 --> 00:14:08,040 And there are several two places. 227 00:14:08,360 --> 00:14:10,020 And at least one tried place. 228 00:14:11,020 --> 00:14:12,380 I just didn't believe in my eyes. 229 00:14:12,380 --> 00:14:15,280 because I thought it was only two places, but I didn't see the try. 230 00:14:18,440 --> 00:14:28,040 If Proposition 7 passes with the state, that particular property could end up with a minimum 231 00:14:28,040 --> 00:14:29,880 of four single family houses. 232 00:14:31,360 --> 00:14:39,120 So the proposal today will eliminate that and only have a due class because I noticed the 233 00:14:39,120 --> 00:14:48,100 fire and as wetlands which have blocked one and the way the layout is getting an ADU 234 00:14:48,100 --> 00:14:55,040 would be a little difficult also. So I think utilization for that neighborhood is really going 235 00:14:55,040 --> 00:14:59,980 be only a doop that so. And I think put a single film in. 236 00:15:00,000 --> 00:15:25,600 The fund again, wouldn't be in the character of the neighbourhood. So, you know, I want to at least, before I made a comment, because I didn't want to be contrary, then you are through any fee from the property line and the other side is a lot more. So any problems, I don't see any problems they're going to have with, have building a house in that location. 237 00:15:25,600 --> 00:15:31,840 So, I driven down Aldrich Street thousands of times and never gone down fully pay 238 00:15:31,840 --> 00:15:37,380 Wayne or the adjacent Wayne and I, too, was pleasantly surprised with the number of 239 00:15:37,380 --> 00:15:44,140 duplexes and multi-family, so it does seem like something that fits and is consistent with 240 00:15:44,140 --> 00:15:45,380 the rest of the neighborhood. 241 00:15:46,640 --> 00:15:47,940 Anybody else have any other comments? 242 00:15:48,820 --> 00:15:49,760 Okay, need a motion. 243 00:15:52,200 --> 00:15:54,960 Motion was made and I need a second. 244 00:15:55,940 --> 00:15:58,760 Motion was made and seconded on the motion. 245 00:15:59,000 --> 00:16:01,100 Mr. Ackerman? Yes. Mr. Joyce? 246 00:16:01,200 --> 00:16:01,420 Yes. 247 00:16:01,920 --> 00:16:03,600 Chair votes just Mr. Faria? 248 00:16:03,740 --> 00:16:03,980 Yes. 249 00:16:04,220 --> 00:16:07,020 Mr. Dardi passes five notes in. 250 00:16:07,040 --> 00:16:07,860 Thank you very much. 251 00:16:08,200 --> 00:16:08,260 Thank you. 252 00:16:08,380 --> 00:16:09,800 Have a great night. Thank you. 253 00:16:11,460 --> 00:16:12,740 A second case this evening. 254 00:16:12,740 --> 00:16:19,760 Key 3, 5, 2, lock in, 24, lane, waste, street, a variance from section 4, 40, dash, 255 00:16:19,980 --> 00:16:24,620 6, 2, 4, 40 attachment, 3, there's only no evidence to allow the development of a lot 256 00:16:24,620 --> 00:16:29,200 having zero feet of front, you'll not with, instead of 150 feet of frontage and 100 feet 257 00:16:29,200 --> 00:16:34,360 a lot with, but having a 15 foot wide, right of way for access. 258 00:16:40,380 --> 00:16:43,700 Is there any other testimony about the commitment to the total truth that's but the truth 259 00:16:43,700 --> 00:16:44,420 I hope you got? 260 00:16:44,560 --> 00:16:45,640 I do. 261 00:16:45,640 --> 00:16:47,340 All right, Scott Ferry, a J.K. 262 00:16:47,340 --> 00:16:50,400 Hongren, 1024, Pearl Street, proct and mask. 263 00:16:53,270 --> 00:16:54,490 Tell us what you wanted to do with this. 264 00:16:54,910 --> 00:16:55,910 All right. 265 00:16:55,910 --> 00:16:56,650 Yes, oh. 266 00:16:57,410 --> 00:17:00,370 I need to make a disclosure on this at the expirances. 267 00:17:00,810 --> 00:17:04,470 The petitioner on this case is a co-worker of mine. 268 00:17:04,570 --> 00:17:05,930 So I need to make that disclosure. 269 00:17:06,290 --> 00:17:08,970 I do believe that I can sit and get this impartially. 270 00:17:09,150 --> 00:17:10,610 So I will be sitting on the case. 271 00:17:11,650 --> 00:17:12,610 Thank you, Mr. Joyce. 272 00:17:15,300 --> 00:17:16,260 Thank you, Mr. Chairman. 273 00:17:16,300 --> 00:17:18,740 Again, Scott Ferry, a representant Tom Lacken. 274 00:17:19,280 --> 00:17:23,400 Tom's hoping to construct a home at 24 lane-way street. 275 00:17:24,200 --> 00:17:25,180 I have a call up. 276 00:17:25,340 --> 00:17:27,960 I'm looking at a blank block behind you, Mr. Chairman. 277 00:17:28,340 --> 00:17:30,000 But I think over there, you guys can see everything, 278 00:17:32,140 --> 00:17:32,140 so. 279 00:17:32,500 --> 00:17:38,860 So the property at 24 lane-way street has zero frontage. 280 00:17:39,180 --> 00:17:45,220 The reason we have for a variance we have adequate light area, adequate setbacks to meet all the zoning requirements. 281 00:17:45,220 --> 00:17:50,160 the LAT has zero frontage. Lainway Street is a private road that comes off of 282 00:17:50,160 --> 00:17:57,580 birch street. Our LAT is a budgeted by a segregated golf course to the east, and then 283 00:17:57,580 --> 00:18:04,000 number 27 Smith, number 27, Lainway Street owned by the Smith pretty much surrounds our 284 00:18:04,000 --> 00:18:11,420 property. Our property was taken out of the larger property back in 1925, so over 100 years ago, 285 00:18:11,420 --> 00:18:14,840 the property was taken out of the parent property and 286 00:18:14,840 --> 00:18:18,800 deeded at the time to a family member with zero frontage on 287 00:18:18,800 --> 00:18:22,180 Lainway Street by getting access to Lainway Street through a 288 00:18:22,180 --> 00:18:26,280 right of way. So that right of way from the subject 289 00:18:26,280 --> 00:18:30,860 property to Lainway Street was in use from 1925 until I 290 00:18:30,860 --> 00:18:35,460 believed 2016, the home on 2016 exploded and burned to the 291 00:18:35,460 --> 00:18:39,620 around in a sat vacant sense, then since 2016. 292 00:18:41,780 --> 00:18:46,000 Mr. Lockin is, I'm going to try to click to the plan. 293 00:18:46,660 --> 00:18:50,060 Mr. Lockin is proposing to build a single family home, 294 00:18:50,060 --> 00:18:52,100 meeting all the zoning setbacks. 295 00:18:53,420 --> 00:18:56,580 Smaller than the former footprint, the former footprint 296 00:18:56,580 --> 00:18:57,580 is shown in red. 297 00:18:58,180 --> 00:19:01,540 It was quite a large home about 4,000 square feet. 298 00:19:01,540 --> 00:19:08,020 Mr. Locken is building a small-a-house single-family home within that form of footprint. 299 00:19:08,660 --> 00:19:15,200 The septic system was replaced relatively recently, so it has a current septic system. 300 00:19:15,820 --> 00:19:19,560 We did go to the Conservation Commission back a couple of months ago and received conservation 301 00:19:19,560 --> 00:19:23,060 approval as we do about the Segurganza River. 302 00:19:23,240 --> 00:19:25,420 We have an addition to wetlands. 303 00:19:25,580 --> 00:19:29,920 We have riverfront concerns that we had to hash out with the Conservation Commission, 304 00:19:29,920 --> 00:19:32,440 So we've already taken care of that. 305 00:19:33,440 --> 00:19:37,920 So again, in this instance, our our high chip is certainly the 306 00:19:38,540 --> 00:19:43,720 decides and the shape of the lot of peculiar lot layout having zero 307 00:19:43,720 --> 00:19:48,020 frontage being created that way over a hundred years ago is our 308 00:19:48,020 --> 00:19:48,560 high chip. 309 00:19:49,340 --> 00:19:52,620 The home certainly fits within the character of the neighborhood as 310 00:19:52,620 --> 00:19:56,420 there was a house there for 90 years and until the fire. 311 00:19:56,420 --> 00:20:04,480 So I think we're in meeting with the character of the neighborhood and I think the fact that we have zero frontage on a hundred-year-old lot 312 00:20:05,360 --> 00:20:07,720 meets the hijack requirement, Ms. Jim. 313 00:20:11,330 --> 00:20:12,710 I'd be happy to answer any questions. 314 00:20:13,190 --> 00:20:15,110 Questions comments from a board? Mr. Darden? 315 00:20:16,070 --> 00:20:22,150 So this existing problem you're showing in the land. Is that just the right way? Or is it that 316 00:20:22,150 --> 00:20:22,930 red line? 317 00:20:24,330 --> 00:20:25,950 No, it's the existing driveway that 318 00:20:25,950 --> 00:20:28,270 That you clearly have a lot of things. 319 00:20:29,590 --> 00:20:29,670 Yep. 320 00:20:29,670 --> 00:20:29,930 Okay. 321 00:20:30,050 --> 00:20:30,990 So it's a gravel in front. 322 00:20:31,230 --> 00:20:31,650 Exactly. 323 00:20:31,830 --> 00:20:33,870 A gravel driveway comes off of Laneway Street. 324 00:20:37,660 --> 00:20:37,840 Yeah. 325 00:20:37,980 --> 00:20:40,220 It was a foundation that before. 326 00:20:41,340 --> 00:20:43,640 There was a house there for 90 years and right. 327 00:20:44,160 --> 00:20:45,220 And what do you need of areas? 328 00:20:47,020 --> 00:20:49,320 Well, it's been over 10 years since the house burned. 329 00:20:49,560 --> 00:20:54,680 So any grandfather protection the house had or the lot had with zero frontages. 330 00:20:54,680 --> 00:20:59,100 loss that I figured if you have two years or three years to build on a grandfathered lot. 331 00:20:59,480 --> 00:21:05,900 So because it's that bacon for ten years at this point, it's no longer grandfathered. 332 00:21:05,900 --> 00:21:07,060 As we understand it. 333 00:21:07,220 --> 00:21:13,020 Well, I don't, I guess it's a loss of what I can agree with it because I think that it was 334 00:21:13,020 --> 00:21:13,420 there. 335 00:21:14,020 --> 00:21:19,080 There's a foundation there and there's an existing right way to get in to the property 336 00:21:19,080 --> 00:21:21,160 And it should be, in fact, a lot. 337 00:21:21,520 --> 00:21:22,000 I am single. 338 00:21:22,340 --> 00:21:23,360 All right. 339 00:21:24,420 --> 00:21:25,700 That's how I am going through the question. 340 00:21:25,800 --> 00:21:26,460 Thank you. 341 00:21:26,520 --> 00:21:27,280 Thank you, Mr. Dardi. 342 00:21:27,500 --> 00:21:28,020 Mr. Ackerman? 343 00:21:29,540 --> 00:21:34,760 I think it's important that a neighbor sent him a letter. 344 00:21:34,920 --> 00:21:44,020 I think that should be read, and then I'll have some questions in some of my responses once 345 00:21:44,020 --> 00:21:44,760 the letter is read. 346 00:21:44,760 --> 00:21:45,020 Okay. 347 00:21:45,020 --> 00:21:57,600 But just so, prefer a reason requirement that you have to deal with in a certain period of time and if you don't, you lose the grandfather rights. 348 00:21:58,800 --> 00:22:07,720 So, I know it's difficult, I mean, but the property sat there, so that's why they're here tonight. 349 00:22:07,720 --> 00:22:14,280 And the most important thing I think once the letter is read is that you've already got 350 00:22:14,280 --> 00:22:20,900 conservation approval, you want to conservation because a lot that's in the letter once 351 00:22:20,900 --> 00:22:24,100 the letter is read, you want to see why I'm saying that. 352 00:22:30,000 --> 00:22:42,620 Right? Yeah. That's what I said. We're going to do a time. So we have a opposition. Yeah. Well, we'll read the letter when a time is appropriate. Anybody else have any other questions, comments? 353 00:22:44,940 --> 00:22:56,500 Thank you, Mr. Chair. Although I'm not voting on this, I had a little concern in the beginning when I heard that there was absolutely no frontage, but now that you'd have explained it, makes all the sense in the world to me. Thank you. 354 00:22:59,760 --> 00:23:06,100 Stero, question, communications from the 355 00:23:08,500 --> 00:23:09,240 Board of Health. 356 00:23:09,560 --> 00:23:13,480 The lot will be serviced by an on-site septic system and private well. 357 00:23:13,840 --> 00:23:17,140 All dwellings must comply with the minimum stain as a fitness for our human 358 00:23:17,140 --> 00:23:20,420 evitations, state, sanitary, cold, chapter two. 359 00:23:20,800 --> 00:23:22,900 From the, I'm sorry, the city planner. 360 00:23:23,460 --> 00:23:26,760 He has no comment on the submitter request from the DPW. 361 00:23:27,220 --> 00:23:29,460 No objections from the, I'm sorry, the engineer. 362 00:23:29,460 --> 00:23:32,400 No objection from the engineering department. 363 00:23:33,420 --> 00:23:36,680 From the water department, city water is available from the existing 364 00:23:36,680 --> 00:23:39,020 18-city water made on Lainway Street. 365 00:23:39,440 --> 00:23:42,260 And they require the standard plans required and need to be 366 00:23:42,260 --> 00:23:44,140 senior to the DPW for water service. 367 00:23:44,700 --> 00:23:45,720 Gate valve curb stops. 368 00:23:46,180 --> 00:23:48,960 DPW permits are required including city license contract, 369 00:23:49,120 --> 00:23:50,600 a road open and a trench. 370 00:23:51,180 --> 00:23:54,360 DPW specifications apply including any back load devices 371 00:23:54,360 --> 00:23:57,600 must be inspected by the plumber or city inspector. 372 00:23:57,600 --> 00:24:05,400 prior notices required before any city water work is to be performed in inspections will be required before that fill in. 373 00:24:05,520 --> 00:24:10,900 From the conservation agent, there are no conservation issues regarding the concerns for the variants. 374 00:24:11,560 --> 00:24:16,500 There is an approved order of conditions with this project issued on August 19, 26. 375 00:24:17,040 --> 00:24:24,000 Once the project is completed and the site is established, a certificate of compliance will need to be filed to close it out. 376 00:24:26,010 --> 00:24:31,530 from the GPW commissioner, no objection to the variance request, 377 00:24:31,790 --> 00:24:34,010 and then he has the letter from the Navy. 378 00:24:35,230 --> 00:24:35,290 The Navy? 379 00:24:35,290 --> 00:24:35,990 The Navy. 380 00:24:36,670 --> 00:24:36,950 The Navy. 381 00:24:38,090 --> 00:24:38,330 OK. 382 00:24:39,510 --> 00:24:43,690 It's from Aaron and Karen Smith. 383 00:24:44,510 --> 00:24:47,910 This communication is a response to the notice of the aforementioned 384 00:24:47,910 --> 00:24:50,430 here in First of all, I would like to thank the board for the notice 385 00:24:50,430 --> 00:24:53,770 of public hearing and the opportunity to be a part of the process. 386 00:24:53,770 --> 00:24:55,910 the better off of our system of government, 387 00:24:55,990 --> 00:24:59,810 reciprocity, ability of the citizens, citizen-3, 388 00:25:00,030 --> 00:25:01,270 to be part of this process. 389 00:25:01,930 --> 00:25:03,650 Based on the proposal's various exemptions, 390 00:25:03,810 --> 00:25:06,150 listen to ZBA's communications and the taps 391 00:25:06,150 --> 00:25:07,990 led up provided by myself, 392 00:25:08,390 --> 00:25:09,690 outlined in the historical narrative 393 00:25:09,690 --> 00:25:11,710 based on my family's ownership of the 394 00:25:11,710 --> 00:25:14,070 bottom property since 1962. 395 00:25:14,490 --> 00:25:16,210 We respectfully request a ZBA 396 00:25:16,210 --> 00:25:19,450 as a delirited body to consider the following. 397 00:25:20,130 --> 00:25:21,690 Right away, field markings, 398 00:25:21,690 --> 00:25:26,390 It will appear that it would appear to be reasonable to request that the 15-foot right-of-way 399 00:25:26,390 --> 00:25:33,030 V clearly marked in the field so that all parties may be allowed to re-o the right-of-way and 400 00:25:33,770 --> 00:25:34,810 determinist legitimacy. 401 00:25:35,410 --> 00:25:39,910 This would especially, this would be especially important at the beginning and the end 402 00:25:39,910 --> 00:25:40,810 in another right-of-way. 403 00:25:41,650 --> 00:25:45,210 Liability, hold-homeless, agreement, de-modification. 404 00:25:45,810 --> 00:25:50,770 Based on the attachment occasion that has outlined the various concerns over the last 64 405 00:25:50,770 --> 00:25:58,030 years, I have a concern regarding implied liability with regard to detailed, with regard 406 00:25:58,030 --> 00:26:01,990 to severe weather events to include flooding and high impacts, no events. 407 00:26:02,450 --> 00:26:07,110 Both deeds should include detailed verbiage that outlines and protects the owners of 27 408 00:26:07,110 --> 00:26:12,730 lane-way street, both current and future, from any and all liabilities to any and all 409 00:26:12,730 --> 00:26:16,430 the properties that are generally west of the Saragenset River dam. 410 00:26:16,430 --> 00:26:20,290 This would include the large parcel and the three outlets tied to it. 411 00:26:20,490 --> 00:26:23,630 To be clear, these concerns are not about me and my family. 412 00:26:23,790 --> 00:26:27,270 This is about potential assumed liability and put you in. 413 00:26:27,570 --> 00:26:30,630 Not for a week, not for a month, or for a year, or whatever. 414 00:26:31,230 --> 00:26:35,390 We cannot accept any liability that could potentially be tied to these properties 415 00:26:35,390 --> 00:26:39,230 and will vigorously defend the property from civil liability. 416 00:26:40,430 --> 00:26:41,330 Other liabilities. 417 00:26:41,330 --> 00:26:47,470 The right-of-way traverses through our property as heavily wooded with moderate tree growth on both sides. 418 00:26:47,830 --> 00:26:55,050 The right-of-way will have to be clear to the extent needed to prevent the trees from block at access to the 24-lane-way steep property. 419 00:26:55,590 --> 00:26:56,950 Should they come down for any reason? 420 00:26:57,430 --> 00:27:06,190 In addition, there is potential liability related to impact for future buildings, power lines, and people walking along the right-of-way and border in areas. 421 00:27:06,190 --> 00:27:11,710 these areas should be addressed so that these concerns be mitigated to an agreeable extent. 422 00:27:13,050 --> 00:27:15,590 Expense share and related to access maintenance. 423 00:27:16,170 --> 00:27:19,450 Since the current and future owners of 27 layway street, 424 00:27:19,950 --> 00:27:27,030 and the associated Western face and properties will be responsible for all costs related to the upkeep and inspections of the serigens at River Dam. 425 00:27:27,530 --> 00:27:33,190 I feel it is reasonable for there to be a formal agreement that outlines some monetary contribution 426 00:27:33,190 --> 00:27:36,570 to an Esquire account held for the purpose of these expenses. 427 00:27:37,550 --> 00:27:38,910 The concept is fairly straightforward. 428 00:27:39,230 --> 00:27:42,350 24 laneway contributes to wear and tear of the robbery, 429 00:27:43,010 --> 00:27:44,030 which includes the dam. 430 00:27:44,570 --> 00:27:48,110 24 laneway also has invested interest in maintaining the dam 431 00:27:48,110 --> 00:27:50,770 and therefore they should contribute to the expenses. 432 00:27:51,410 --> 00:27:54,210 I cannot see how this would be anything but fear. 433 00:27:56,950 --> 00:27:59,390 In conclusion, I would like to once again thank the ZBA 434 00:27:59,390 --> 00:28:01,190 and the conservation provision for the opportunity 435 00:28:01,190 --> 00:28:02,970 to bring these matters to life. 436 00:28:02,970 --> 00:28:07,810 And I sincerely encourage the board in the commission to care as we consider the proposal 437 00:28:07,810 --> 00:28:14,350 at hand and to provide all deliberative discussions online in all the circumstances that have been brought forward. 438 00:28:14,810 --> 00:28:21,750 As a point of reference, since we are not the ones requesting these variances, we should not be required to address them. 439 00:28:22,050 --> 00:28:28,210 The participants should address them. In addition, we realize that some of these issues are generally not the purview of the ZBA. 440 00:28:28,210 --> 00:28:31,690 However, I feel they should be a matter of record. 441 00:28:31,970 --> 00:28:34,570 These points may hear a fear in a reasonable 442 00:28:34,570 --> 00:28:37,370 based on the actual conditions and historical events 443 00:28:37,370 --> 00:28:39,790 as outlined in the separate document. 444 00:28:41,560 --> 00:28:42,140 What do you mean by that? 445 00:28:42,160 --> 00:28:43,040 Because this is all I got. 446 00:28:44,860 --> 00:28:45,260 Thank you. 447 00:28:45,320 --> 00:28:45,940 Thank you so much. 448 00:28:46,040 --> 00:28:49,120 Madam Secretary, Mr. Aquaman, did you want to comment? 449 00:28:49,460 --> 00:28:50,680 I'm going to wait for the meeting. 450 00:28:51,360 --> 00:28:56,220 If the need is to speak, I got some questions of the end in here. 451 00:28:57,160 --> 00:28:59,820 Anybody here would like to speak in favor? 452 00:29:01,160 --> 00:29:02,900 Anyone like to speak in favor here or not? 453 00:29:03,120 --> 00:29:05,280 Is anybody here who would like to speak in opposition? 454 00:29:07,910 --> 00:29:09,850 Okay, come on down to the microphone. 455 00:29:27,120 --> 00:29:28,060 My name is Aaron Smith. 456 00:29:28,260 --> 00:29:29,940 I live at 27 Laneway Street. 457 00:29:30,200 --> 00:29:31,340 Raise your hand. 458 00:29:32,000 --> 00:29:32,640 So are the testimony? 459 00:29:32,960 --> 00:29:34,420 Let's give the truth to hold for itself. 460 00:29:34,660 --> 00:29:35,500 You got it? 461 00:29:35,500 --> 00:29:35,900 Yes. 462 00:29:39,580 --> 00:29:41,220 Name an address for the record, please, man. 463 00:29:41,220 --> 00:29:45,580 I'll Karen Smith, 27-Layon Way Street Tont, Mass. 464 00:29:46,900 --> 00:29:47,140 Oh, no. 465 00:29:50,350 --> 00:29:50,630 Okay. 466 00:29:51,650 --> 00:29:53,790 Thank you for inviting me to speak this evening. 467 00:29:53,990 --> 00:29:55,450 I appreciate the opportunity. 468 00:29:56,270 --> 00:29:57,610 I will be as brief as possible. 469 00:29:57,830 --> 00:29:59,770 I'm sure that you folks want to get home to your families. 470 00:30:00,300 --> 00:30:06,220 Although on somewhat unrelated data decision today, the historical record matters as it relates to the project. 471 00:30:08,770 --> 00:30:17,910 Let me say for the record that I have no opposition to responsible development within the city, responsible development fuels the local economy and fund city services. 472 00:30:19,010 --> 00:30:27,110 You, as the deliberative body, make critical decisions regarding many projects. My assumption is that most of them are fairly straightforward. 473 00:30:27,110 --> 00:30:33,790 and require you to lay out a few conditions that will mitigate the concerns I assure you 474 00:30:33,790 --> 00:30:35,350 this project is not that. 475 00:30:37,820 --> 00:30:41,040 There's a due diligence issue. The original home was tragically 476 00:30:41,040 --> 00:30:48,280 lost in 2015. Since that time, the property has been on and off the market several times. It 477 00:30:48,280 --> 00:30:53,980 is well documented with the current state of the real estate boom that listing times for building 478 00:30:53,980 --> 00:30:55,440 lots are very short. 479 00:30:58,280 --> 00:31:05,020 It would seem fairly apparent to any potential buyer that access to and 480 00:31:05,020 --> 00:31:11,960 from the property is unusual to say the least. Some of the questions a reasonable person might 481 00:31:11,960 --> 00:31:23,960 ask would be who owns the road? Who maintains the road? Where is the right of way? Where is it 482 00:31:23,960 --> 00:31:25,280 will it be impacted? 483 00:31:26,100 --> 00:31:28,380 Can I get to my house during severe events? 484 00:31:28,860 --> 00:31:33,520 I ask these questions because I've lived there for 62 years and every one of those things 485 00:31:33,520 --> 00:31:34,400 has been a problem. 486 00:31:36,000 --> 00:31:41,060 No questions were posed to me regarding the project prior to where we are now. 487 00:31:43,340 --> 00:31:48,820 My assumption is, and a question I would ask is maybe we were thinking we were just going 488 00:31:48,820 --> 00:31:50,320 to be all fly this thing under the radar. 489 00:31:51,020 --> 00:31:51,880 That's not going to happen. 490 00:31:51,880 --> 00:32:04,700 This project in the deed should include language related to flood liability, access, and maintenance agreements and clearly agreed upon and added to the property records of both parcels. 491 00:32:06,480 --> 00:32:10,200 There is only one way in and one way out of this property. 492 00:32:10,880 --> 00:32:13,820 Should that access become impaired for any reason? 493 00:32:13,820 --> 00:32:24,760 That responsibility, if alleged, to be under my control, will be my concern related to 494 00:32:24,760 --> 00:32:26,200 24 lane-way street. 495 00:32:27,300 --> 00:32:33,620 Sometime in the late 1920s, a one-and-a-half acre parcel was separated from a 250-acre 496 00:32:33,620 --> 00:32:37,700 parcel as a result of a marriage between the Chafes and the Gamble. 497 00:32:39,780 --> 00:32:47,000 I do not know why an odd shaped parcel, basically on the river, was pulled out of a 250-acre 498 00:32:47,000 --> 00:32:50,440 parcel, and I don't think we'll ever know that. 499 00:32:51,380 --> 00:32:57,360 The parcel now known as 24 laneway street is bounded easterly by the Segregansett River. 500 00:32:57,980 --> 00:33:03,080 The couple decided to build the structure very close to the river's edge, most likely 501 00:33:03,080 --> 00:33:04,940 for aesthetic reasons. 502 00:33:06,020 --> 00:33:09,700 The front door was 35 feet from the Ridge's Rivers Edge 503 00:33:09,700 --> 00:33:11,320 at mean water level. 504 00:33:12,260 --> 00:33:15,460 The water level fluctuates wildly, widely. 505 00:33:15,720 --> 00:33:19,940 Sometimes, as far as 45 feet away from the front door 506 00:33:19,940 --> 00:33:24,800 under drought conditions, to as close as 25 feet away 507 00:33:24,800 --> 00:33:26,140 under flooding conditions. 508 00:33:26,840 --> 00:33:29,960 During extreme flooding conditions, such as the 2005 509 00:33:29,960 --> 00:33:37,180 and water levels did creep much closer than 25 feet to the front door. 510 00:33:38,580 --> 00:33:41,440 We all know that a new project of this scope, 511 00:33:41,920 --> 00:33:46,860 as originally conceived in 1920, would be virtually impossible in 2026. 512 00:33:47,800 --> 00:33:52,180 In 2026, there would be concerns regarding the proximity of the river, 513 00:33:52,700 --> 00:33:57,200 the ACEC, setbacks, septic systems, well water, et cetera. 514 00:33:57,200 --> 00:34:06,120 In the 1920s, I am fairly confident that the permit approval process was either non-existent or very limited. 515 00:34:08,060 --> 00:34:16,280 Due to the size and shape of the property, and its proximity to the second against river, structure placement options are very limited. 516 00:34:17,620 --> 00:34:23,680 Over the last 60 years, the home has had issues due to its proximity to the waterline. 517 00:34:24,600 --> 00:34:27,900 These include soil wash out. 518 00:34:28,580 --> 00:34:35,920 So oil wash out is a process that involves continual intrusion of water in an area and 519 00:34:35,920 --> 00:34:42,060 as the water level rises and falls, silt washes out of the soil structure and leaves 520 00:34:42,060 --> 00:34:42,540 a void. 521 00:34:43,360 --> 00:34:49,800 Over time this can form a large void against the foundation or under a foundation. 522 00:34:49,800 --> 00:34:54,600 When this occurs, failures can happen. 523 00:34:56,020 --> 00:34:58,980 This was happening to the previous structure throughout its life. 524 00:34:59,300 --> 00:35:03,560 At one point, the ground level against this foundation, for the original house, 525 00:35:03,640 --> 00:35:08,540 had sunk about 18 inches at the entire perimeter of the home. 526 00:35:09,440 --> 00:35:13,720 Meaning, you had a soil level here, you had a soil level here, 527 00:35:13,940 --> 00:35:16,820 originally against the foundation, it was down 18 inches. 528 00:35:16,820 --> 00:35:22,440 again due to the soil wash-out. This was obviously a major structural 529 00:35:22,440 --> 00:35:28,300 concern since the river elevation routinely rises above the foundation floor. 530 00:35:28,540 --> 00:35:31,540 There's no practical way to engineer this out of the equation. 531 00:35:33,940 --> 00:35:34,400 Water and 532 00:35:34,400 --> 00:35:39,380 truzen into the cellar is another factor or was another factor. Pumps went 533 00:35:39,380 --> 00:35:42,840 stalled in the cellar to control water and truzen. This may be marginally 534 00:35:42,840 --> 00:35:47,420 affected to some degree under drought or even mean water levels. 535 00:35:48,240 --> 00:35:53,940 But this was an essentially an exercise in futility, pumping water in a circle when there 536 00:35:53,940 --> 00:36:01,480 is power under river flood stage, there is no some pump that can keep up with it. 537 00:36:01,680 --> 00:36:03,480 Then we come to liability and litigation. 538 00:36:03,820 --> 00:36:07,660 Should the project move forward, there will be problems and there will always be problems. 539 00:36:11,020 --> 00:36:18,620 If there is some sort of failure related to flooding or soil wash out, the legal process will begin. 540 00:36:19,860 --> 00:36:28,960 First, the insurer of 24 laneway will look at the associated cost and repairs, see the high numbers and start looking to point the finger elsewhere. 541 00:36:30,060 --> 00:36:40,240 Most likely at the engineer, and the builder first, then they will look at various aspects of pathways to project completion, and at some point, I will be brought into that. 542 00:36:41,000 --> 00:36:44,460 Simply because I control the segregants at River Dan. 543 00:36:48,540 --> 00:36:52,140 These are the simple facts of 2026, we all know it. 544 00:36:52,560 --> 00:36:59,400 We live in a very litigious society. I must defend the property from this scenario. I have no choice here. 545 00:36:59,400 --> 00:37:06,040 this is in perpetuity forever. It's not about me, not about my family, it's about a hundred and ten 546 00:37:06,040 --> 00:37:11,480 acre piece of property that is going to have assumed liability in perpetuity. 547 00:37:12,740 --> 00:37:18,160 You as a deliberative body have the authority to require an in personal third-party review, 548 00:37:18,520 --> 00:37:27,880 chosen by this body to review and advise this body of the project paid for at the petitioner's expense. 549 00:37:28,360 --> 00:37:29,980 this will ensure that the project 550 00:37:30,000 --> 00:37:37,540 Post is reasonable responsible and prudent. It will also allow you to review and require appropriate conditions for the project. 551 00:37:38,720 --> 00:37:47,660 I am sure that the project plans are accurate and complete. However, they may be unknowingly incomplete or inaccurate, as they were proposed 552 00:37:50,480 --> 00:37:53,500 from the perspective of the petitioner. 553 00:37:54,700 --> 00:37:56,720 and reviewed not by a third party. 554 00:37:57,260 --> 00:37:58,760 In conclusion, I have a simple question. 555 00:37:59,540 --> 00:38:02,540 It was a mistake to build this home 100 years ago, 556 00:38:03,160 --> 00:38:04,620 and we're going to do it again. 557 00:38:07,040 --> 00:38:09,280 I'll be using improved construction methods. 558 00:38:10,380 --> 00:38:12,480 In the end, there are three things. 559 00:38:12,920 --> 00:38:17,200 There are known unknowns, unknown unknowns, and known unknowns. 560 00:38:17,860 --> 00:38:21,560 It is clear that this is an example of a known unknown. 561 00:38:21,560 --> 00:38:29,120 one. We all know that there will be future flooding events. It is unknown when or how bad 562 00:38:29,120 --> 00:38:34,240 there will be. So I'll piece into New England whether runs in cycles approximately in 563 00:38:34,240 --> 00:38:39,740 a 20 year cycle. If you start with a hurricane of 38 and carrying on through the hurricane 564 00:38:39,740 --> 00:38:46,460 of the 50s include Hurricane Carol, the Blizzard of 78, the damn crisis of 2005, the Blizzard 565 00:38:46,460 --> 00:38:52,780 of 2026 sprinkling Hurricane Bob and Halloween storm of 1991, and you've had some doosies. 566 00:38:54,220 --> 00:38:59,320 We have survived the wall down there, mainly through planning and hard work. 567 00:39:00,880 --> 00:39:03,640 If we ignore the history, we're doing to repeat the mistake. 568 00:39:05,280 --> 00:39:14,200 The true issue here is related to dam and the access across the dam and the control of the 569 00:39:14,200 --> 00:39:16,220 and the liability to my property. 570 00:39:18,950 --> 00:39:19,810 I appreciate your time. 571 00:39:23,460 --> 00:39:24,940 Thank you. 572 00:39:25,720 --> 00:39:27,700 I'd just like to add something. 573 00:39:28,680 --> 00:39:33,820 In regards to the house that was there at one time, 574 00:39:34,500 --> 00:39:37,560 it was not built per se as a house. 575 00:39:37,640 --> 00:39:41,320 It was basically built by the gambles 576 00:39:42,520 --> 00:39:46,520 to be kind of a guest home that was very large. 577 00:39:46,520 --> 00:39:51,380 It had a ballroom because I remember it going over there in 93. 578 00:39:52,240 --> 00:39:57,140 It had a huge ballroom and all along up above on the second floor, 579 00:39:57,140 --> 00:40:03,920 we're a little rooms that people could stay because the gambles that lived in our house 580 00:40:03,920 --> 00:40:12,180 originally, they had a cattle, the raised cattle, and I think dairy cows, 581 00:40:12,180 --> 00:40:18,020 and they would have quite a few visitors coming up because they were from Virginia, they would 582 00:40:18,020 --> 00:40:26,760 have visitors come up and that's where they would like to put them over at that 24-lane way. 583 00:40:27,080 --> 00:40:34,140 So I think that part of the reason that they never really got involved with all specific 584 00:40:34,140 --> 00:40:38,740 things is that they just needed a place for people to like kind of an overflow. 585 00:40:38,740 --> 00:40:47,280 And I know there's only because of people that have come to the farm that have used to work for the gambles way back when. 586 00:40:47,460 --> 00:40:53,140 I mean, I'm sure the person has passed away because he was like 80 when I was like 50. 587 00:40:53,740 --> 00:41:00,400 But they worked at the farm and all. So he would tell us, you know, all about the place. 588 00:41:00,980 --> 00:41:06,620 So I don't think originally it was for a regular living dwelling. 589 00:41:07,960 --> 00:41:14,840 and over the years the people that have stayed there have never stayed there for very long 590 00:41:14,840 --> 00:41:20,590 because of all the problems with the host. The last people that lived there were at Burnt down, 591 00:41:21,780 --> 00:41:30,460 they had two pumps in the house running 24-7 and that's one of the reasons why the host 592 00:41:30,460 --> 00:41:38,280 burnt down is because they got a, they're always losing electricity, they got a, a generator, 593 00:41:39,240 --> 00:41:47,700 run by propane, and they didn't run the wires of the propane correctly, and that's how it 594 00:41:47,700 --> 00:41:48,300 burnt down. 595 00:41:48,460 --> 00:41:57,320 We had in February the snow in the ice off the roof, caused the pipes to burst and go all 596 00:41:57,320 --> 00:42:04,400 the propane going to the cell, and when somebody went to take a shower, just blew up the 597 00:42:04,400 --> 00:42:10,640 house. So, I mean, it's had its problems. It is a beautiful spot. I don't blame anybody 598 00:42:10,640 --> 00:42:16,200 for wanting to be there, but they, you know, they got to realize that they could run into that, 599 00:42:16,200 --> 00:42:21,020 because no one's ever been happy there. It's not as many people there. They like being there 600 00:42:21,020 --> 00:42:26,380 first, and then it was just a headache, you know, for everybody, but just to be 601 00:42:26,380 --> 00:42:30,780 aware, and the thing is basically what my husband, he doesn't mind if somebody 602 00:42:31,320 --> 00:42:36,240 bills their lives there, but he just doesn't want to be responsible over the years to 603 00:42:36,240 --> 00:42:43,740 have to, you know, do anything more than what we do already, you know, for taking care 604 00:42:43,740 --> 00:42:47,780 of things to make sure this isn't like that, because now there's someone else 605 00:42:50,120 --> 00:42:51,800 Thank you so much, Pam. 606 00:42:52,360 --> 00:42:52,400 Okay. 607 00:42:53,060 --> 00:42:53,700 Thank you. 608 00:42:53,720 --> 00:42:54,900 Thank you. 609 00:42:54,920 --> 00:42:56,920 Anybody else who would like to speak in opposition? 610 00:42:59,540 --> 00:43:00,600 Mr. Farrey, you're on. 611 00:43:01,160 --> 00:43:02,380 Thank you. 612 00:43:03,440 --> 00:43:09,080 Really, the only thing I have to, I guess, to respond, Mr. Chairman, is the environmental concerns 613 00:43:09,080 --> 00:43:11,600 that concerns about the flooding of the Seger Gants at River. 614 00:43:11,920 --> 00:43:15,360 That's exactly why we went to conservation first before we came to you, folks. 615 00:43:16,120 --> 00:43:19,320 in the flood elevation of the Segurganza River 616 00:43:19,320 --> 00:43:21,400 set by FEMA is elevation 90. 617 00:43:22,080 --> 00:43:26,420 Our finish floor is gonna be 17 feet above that elevation 107. 618 00:43:26,640 --> 00:43:28,680 Our basement floor is gonna be nine feet above it. 619 00:43:28,920 --> 00:43:31,560 So the basement floor is nine feet above the flood elevation. 620 00:43:32,160 --> 00:43:36,140 So I think we've got knowing that's the flood elevation, 621 00:43:36,580 --> 00:43:38,420 knowing the history of the area, 622 00:43:39,300 --> 00:43:41,820 and knowing that there could be some basement 623 00:43:41,820 --> 00:43:44,740 and flooding issues, that's why we've got the house 624 00:43:44,740 --> 00:43:50,680 that fire up in the air. So certainly a nine foot buffer between the flood elevation in the 625 00:43:50,680 --> 00:43:55,460 basement floor where pretty comfortable and confident with that. And again, that's exactly 626 00:43:55,460 --> 00:44:00,260 why we went to conservation to give the conservation commission a chance to review everything. 627 00:44:01,060 --> 00:44:06,180 In this case where it is along the river, it's a little bit more complicated with the DEP regulation, 628 00:44:06,440 --> 00:44:12,180 so it goes through a pretty good review from DEP as well. So we feel like it's been vetted pretty 629 00:44:12,180 --> 00:44:14,180 Well, at this point, invite mentally, Mr. Chairman. 630 00:44:16,960 --> 00:44:18,420 Mr. Faria. 631 00:44:19,760 --> 00:44:23,680 Is that street private all the way from birth street all the way down? 632 00:44:23,780 --> 00:44:24,140 Correct. 633 00:44:24,480 --> 00:44:26,280 And who maintains that street now? 634 00:44:27,080 --> 00:44:29,680 I believe Mr. Smith does. 635 00:44:30,240 --> 00:44:34,480 There's nothing formal and I would need that speaks to any maintenance, 636 00:44:35,040 --> 00:44:38,930 but Mr. Smith does take care of it. 637 00:44:38,930 --> 00:44:40,030 It's a private way. 638 00:44:42,050 --> 00:44:43,590 So I think like most private ways, 639 00:44:43,590 --> 00:44:45,830 be a butter zone up to the centerline. 640 00:45:00,000 --> 00:45:04,720 I know the three pretty well. Mr. Darden, I'll stop. 641 00:45:05,100 --> 00:45:08,560 It's an unaccepted public way. It's not private, please. 642 00:45:09,140 --> 00:45:09,720 Mr. Ackerman. 643 00:45:12,500 --> 00:45:16,800 First, I want to thank the individuals who are coming up. 644 00:45:16,800 --> 00:45:17,800 It's a fascinating view. 645 00:45:27,010 --> 00:45:27,410 Yes, sir. 646 00:45:27,610 --> 00:45:29,070 You're a certified engineer. 647 00:45:30,450 --> 00:45:36,310 Your company is registered with the state qualified. 648 00:45:38,590 --> 00:45:40,570 You went to conservation, 649 00:45:43,360 --> 00:45:45,140 which was a very smart move. 650 00:45:45,800 --> 00:45:50,720 Because if you didn't, and you came here first, we tried to tell you to go there, and then come back. 651 00:45:51,220 --> 00:45:51,560 It was tons of... 652 00:45:51,560 --> 00:45:52,080 Those tons of... 653 00:45:52,080 --> 00:45:52,260 Those tons of... 654 00:45:52,260 --> 00:45:53,140 Those tons of tons of tons of tons of tons of tons. 655 00:45:53,480 --> 00:45:55,380 That was a very great... 656 00:45:56,160 --> 00:45:56,620 He's smart. 657 00:45:56,800 --> 00:46:01,540 You're talking about a 4,000 square foot half. 658 00:46:01,620 --> 00:46:03,080 I'm running it off. 659 00:46:03,840 --> 00:46:05,760 And cut in half, done a 2,000. 660 00:46:06,820 --> 00:46:15,260 We have major new building codes for the commonwealth of the mass in the city of Tornin, 661 00:46:15,920 --> 00:46:18,380 which this house will comply to. 662 00:46:19,920 --> 00:46:28,000 The city engineer will be monitoring the development as far as the engineering aspect, 663 00:46:28,300 --> 00:46:32,880 the building department will monitor the actual structure. 664 00:46:34,960 --> 00:46:38,620 It is a right away per what you're showing. 665 00:46:43,910 --> 00:46:54,370 In your mind, have you found any written notification of the right away where there was agreements made. 666 00:46:56,070 --> 00:47:00,530 So now it becomes a civil matter between the two parties. 667 00:47:01,530 --> 00:47:05,420 This board is only responsible to look at. 668 00:47:05,420 --> 00:47:13,900 Is there access to it is a illegal right away, which is shown, and you said it's registered. 669 00:47:15,320 --> 00:47:22,640 And the city, the partners will monitor the actual structure and the whole property. 670 00:47:25,280 --> 00:47:32,880 conservation have many points and I haven't seen the conservation decision but we got a very good 671 00:47:32,880 --> 00:47:43,760 conservation board, a monitor and a very stringent on conservation issues, be it alone or 672 00:47:43,760 --> 00:47:47,940 other way, you've got to get also me DEP required, right? 673 00:47:49,620 --> 00:47:57,480 I along with my colleague at Carrera, I first looked at this thought, I'm going to be 674 00:47:57,480 --> 00:48:03,840 a long night because I'm going to be really awesome questions and probably negative, but 675 00:48:03,840 --> 00:48:11,400 after reading everything, and it was very detailed letter and a very detailed explanation here, 676 00:48:12,980 --> 00:48:20,640 to very important points come. Most of them are conservation issues which was handled. 677 00:48:21,480 --> 00:48:27,040 If they approved that the move forward, I'm not going to be the end of challenge. 678 00:48:28,520 --> 00:48:34,940 You know what conservation type? I go all whatever their decision is. I know the city departments 679 00:48:34,940 --> 00:48:41,980 who are going to monitor the construction and look out things, fight a parliament, gave a 680 00:48:41,980 --> 00:48:46,440 approval, they can get there, that's what counts. 681 00:48:47,440 --> 00:48:54,560 So to me it comes down and now being a civil matter determined, what agreement can be made 682 00:48:54,560 --> 00:49:01,300 between the two parties, and this board is never, and I've been on the board on the study 683 00:49:01,300 --> 00:49:11,800 one years of jumped in and ordered that you have to do this and do that. We've recommended 684 00:49:11,800 --> 00:49:17,500 please sit down, try to work things up and I'm going to say please sit down and try to 685 00:49:17,500 --> 00:49:23,460 work things out. But we don't have the authority to tell you you have to do X, Y, and 686 00:49:24,280 --> 00:49:28,490 and we don't have authority to tell the owner to do that's why it's 687 00:49:29,640 --> 00:49:34,900 that's, again, that's what the courts are, that's what neighbors do. 688 00:49:35,760 --> 00:49:39,100 So, in light of that, 689 00:49:41,600 --> 00:49:54,800 you've been here before, I know you're from, I know you're going to be 690 00:49:54,800 --> 00:49:56,280 And this was done. 691 00:49:57,160 --> 00:50:01,080 So again, when I first looked at it, I was a definite no. 692 00:50:01,820 --> 00:50:06,160 But again, as I dug into it, I became a marginal no. 693 00:50:06,960 --> 00:50:14,900 And after knowing the conservation of truth and looking into the matter, I'm sorry for 694 00:50:14,900 --> 00:50:17,300 the Smiths, but I become a positive yes. 695 00:50:17,300 --> 00:50:37,190 And I think the main draw is if this board approves it, I think the owner and the smiths should get together and try to work out something legally that could be done because this board does not have that authority. 696 00:50:41,180 --> 00:50:43,120 Thank you, Mr. Strachman. Mr. Doddy? 697 00:50:44,620 --> 00:50:50,140 Yeah, so I have to assume I'm not going to someone else. 698 00:50:50,760 --> 00:50:56,200 This right away is it not part of a deed is it not a deed right away going into the property? 699 00:50:56,620 --> 00:50:59,000 The right of way off of Lainway Street, correct? 700 00:50:59,360 --> 00:51:00,060 Okay, yes. 701 00:51:00,460 --> 00:51:06,880 And Lainway is a public non-accepted role in the Smith. 702 00:51:08,380 --> 00:51:10,000 And are there any other house on the street? 703 00:51:10,000 --> 00:51:17,020 I think if you look here, just the three houses weigh up in the front off of Burt Street, but they do front off of Lainway. 704 00:51:17,160 --> 00:51:18,020 So there are three houses. 705 00:51:21,900 --> 00:51:23,180 Thank you. 706 00:51:23,400 --> 00:51:23,780 Mr. Joyce? 707 00:51:24,720 --> 00:51:24,880 Thank you. 708 00:51:26,120 --> 00:51:26,800 I have any comments. 709 00:51:27,040 --> 00:51:27,100 I know. 710 00:51:29,140 --> 00:51:29,680 Mr. Turner? 711 00:51:30,140 --> 00:51:30,400 Paul Scott? 712 00:51:31,120 --> 00:51:31,300 Okay. 713 00:51:33,590 --> 00:51:34,150 All right, gentlemen. 714 00:51:34,770 --> 00:51:37,030 Well, we've emotional. 715 00:51:39,420 --> 00:51:40,140 I'm emotional. 716 00:51:40,320 --> 00:51:40,620 Motion. 717 00:51:40,620 --> 00:51:44,220 Motion approved as presented was made by Mr. Dardy. 718 00:51:44,340 --> 00:51:45,020 Do I have a second? 719 00:51:45,400 --> 00:51:45,780 Second. 720 00:51:45,780 --> 00:51:48,420 Okay, motion made in second. Any further discussion? 721 00:51:50,660 --> 00:51:54,240 Okay, here we are, on the motion, Mr. Dordi. Mr. Faria. 722 00:51:55,020 --> 00:51:56,440 Chair of Ocasmas, Mr. Joyce. 723 00:51:57,120 --> 00:51:57,760 Mr. Aquaman? 724 00:51:58,160 --> 00:51:58,240 Yes. 725 00:51:59,040 --> 00:51:59,420 It's approved. 726 00:51:59,780 --> 00:52:00,040 Five nothing. 727 00:52:00,420 --> 00:52:00,900 Thank you. 728 00:52:00,980 --> 00:52:01,280 Thank you. 729 00:52:01,400 --> 00:52:01,980 Good night. 730 00:52:04,860 --> 00:52:07,500 Okay, next case, Dreams to Realty LLC. 731 00:52:07,860 --> 00:52:09,840 16, A Street. 732 00:52:10,020 --> 00:52:11,540 Case number 3, 5, 4. 733 00:52:11,900 --> 00:52:15,140 The variance from section 440 attachment through the zone known in 734 00:52:15,140 --> 00:52:19,960 allow the reconstruction of a two-family drawing on the existing foundation, have been a 735 00:52:19,960 --> 00:52:27,480 front yard setback of 18 feet, seven inches from north, south instead of 25. 736 00:52:30,000 --> 00:52:31,380 Raise your hand, please. 737 00:52:31,600 --> 00:52:33,120 Sweat the testimony, everyone, to give the truth. 738 00:52:33,260 --> 00:52:35,360 The whole truth, nothing left the truth to hope you got? 739 00:52:36,040 --> 00:52:37,100 Name an address for the racket? 740 00:52:37,840 --> 00:52:39,900 Jason Barrow, 69-12F. 741 00:52:40,800 --> 00:52:42,040 Tell us what you want to do, start? 742 00:52:44,320 --> 00:52:45,220 I'm going to read off this. 743 00:52:45,920 --> 00:52:46,200 Of course. 744 00:52:46,440 --> 00:52:48,220 Good evening. My name is Jason Barrow. 745 00:52:49,040 --> 00:52:50,900 I'm here with a question in front of your setback. 746 00:52:51,000 --> 00:52:54,980 We're leaving, so I can continue to re-construction of the existing two-family dwelling 747 00:52:54,980 --> 00:52:56,500 at 160 Bay Street. 748 00:52:57,400 --> 00:53:01,320 During demolition, the work went further than originally planned because the existing 749 00:53:01,320 --> 00:53:04,200 still play and surrounding structural components would be on repair. 750 00:53:05,060 --> 00:53:08,580 The building department advised me that my options were to remove the portion of the 751 00:53:08,580 --> 00:53:13,260 foundation within the setback, demolished the existing foundation and relocate the structure, 752 00:53:13,980 --> 00:53:15,760 or request relief from this board. 753 00:53:16,800 --> 00:53:21,680 Removing or relocating the existing foundation would create a substantial financial hardship 754 00:53:21,680 --> 00:53:24,620 and requires to never get redesigned in additional construction. 755 00:53:26,480 --> 00:53:29,900 This property is also a corner lot, so the front yard 756 00:53:29,900 --> 00:53:33,640 setback applies to both the front and side of the structure. 757 00:53:34,080 --> 00:53:37,100 A typical interior lot would generally have a 15-foot 758 00:53:37,100 --> 00:53:40,980 side setback, but this property requires 25 feet 759 00:53:40,980 --> 00:53:42,420 setback along that side. 760 00:53:42,760 --> 00:53:46,420 The existing structure has approximately 18 feet, 761 00:53:47,180 --> 00:53:50,200 which would normally be sufficient if this was not a corner lot. 762 00:53:50,200 --> 00:53:57,100 I am requesting relief to continue rebuilding the two family dwelling using the existing foundation location. 763 00:53:57,220 --> 00:54:03,000 I believe the Cornelot conditions create a unique hardship and granting this relief for a lot of property 764 00:54:03,000 --> 00:54:07,340 to be safely completed and returns a productive residential use. 765 00:54:07,500 --> 00:54:08,980 Thank you for your consideration. 766 00:54:09,920 --> 00:54:10,040 Thank you. 767 00:54:10,200 --> 00:54:12,180 I drove by that today along with all the others. 768 00:54:12,340 --> 00:54:14,960 And I noticed that your lot was exceptionally clean. 769 00:54:15,460 --> 00:54:18,560 Are you going to be first for a second for? 770 00:54:18,560 --> 00:54:25,320 It's going to be two-and-a-half stories, so first of all, it's like one-and-a-half story on the top. 771 00:54:26,080 --> 00:54:28,380 Any other questions from any other board members? 772 00:54:29,740 --> 00:54:32,940 So are you going to increase this square footage of the new building? 773 00:54:33,600 --> 00:54:38,260 Yeah, so initially it was permitted to do, I'm keeping the same. 774 00:54:38,300 --> 00:54:39,980 I'm not changing the plans from the permit. 775 00:54:40,620 --> 00:54:47,580 It's just since we was trying to keep the existing first floor and the frame on the first floor and the sole plate. 776 00:54:47,580 --> 00:54:49,720 But by the time we got on the brick exterior, 777 00:54:50,620 --> 00:54:53,140 we realized we wasn't going to be able to save it. 778 00:54:53,480 --> 00:54:56,180 So once we get to that point, then it brings me to here, 779 00:54:56,200 --> 00:54:58,700 because I guess there's no longer a grandfather 780 00:55:00,020 --> 00:55:01,340 in for the use. 781 00:55:06,930 --> 00:55:10,350 It should be any questions from anyone else. 782 00:55:11,310 --> 00:55:14,470 The problem is please, Madam Secretary. 783 00:55:17,960 --> 00:55:19,700 From the board of health, a lot will be serviced 784 00:55:19,700 --> 00:55:21,000 by Ms. World Water and Sewer. 785 00:55:21,000 --> 00:55:24,100 All dwellers must comply with the minimum state 786 00:55:24,100 --> 00:55:26,360 as a fitness for human habitation state, 787 00:55:26,680 --> 00:55:30,800 Senator Co-2, City and City Cleaner 788 00:55:30,800 --> 00:55:35,330 has no comment on the request from the engineer. 789 00:55:35,750 --> 00:55:37,550 No objection from the engineer's office 790 00:55:37,550 --> 00:55:40,350 from the water department, City Water Services, 791 00:55:40,470 --> 00:55:42,890 the existing buildings, no comments at this time. 792 00:55:43,550 --> 00:55:47,270 From a conservation, there's no conservation concerns 793 00:55:47,270 --> 00:55:54,610 regarding the special permit, and then from DPW, no objection to the plan, but the restored 794 00:55:54,610 --> 00:56:02,110 bulkhead nearest to North Avenue, appears to be closer than the 18.7 variants request. 795 00:56:08,180 --> 00:56:09,880 See the little bump out? 796 00:56:11,000 --> 00:56:12,860 That bump out has to meet setbacks too. 797 00:56:13,000 --> 00:56:14,480 Let me just point this out. 798 00:56:14,860 --> 00:56:15,420 I didn't know this at all. 799 00:56:15,580 --> 00:56:16,700 Can we measure that? 800 00:56:16,820 --> 00:56:17,360 Well, we didn't know. 801 00:56:17,360 --> 00:56:20,600 that probably the bulkhead really that have to be removed 802 00:56:20,600 --> 00:56:22,600 and that's probably re-avitized. 803 00:56:23,400 --> 00:56:25,700 So you're advertising 18 point? 804 00:56:25,980 --> 00:56:27,060 No, but. 805 00:56:27,200 --> 00:56:28,940 Did he measure it? 806 00:56:28,960 --> 00:56:31,420 We measured it when we was in a, when I came in, 807 00:56:31,500 --> 00:56:35,000 we measured the bulkhead on the map for the scale roll 808 00:56:35,000 --> 00:56:35,500 or something. 809 00:56:35,800 --> 00:56:36,740 Yeah, she used her. 810 00:56:37,620 --> 00:56:37,960 Hold on. 811 00:56:38,080 --> 00:56:40,120 I mean, look at, well, that's the engineer. 812 00:56:40,360 --> 00:56:41,720 I'm not going to. 813 00:56:43,040 --> 00:56:44,560 The bulkhead on the end up? 814 00:56:44,760 --> 00:56:45,460 Yeah, existing. 815 00:56:49,230 --> 00:56:55,010 So you have to be 25, if the house is only 18, 816 00:57:00,520 --> 00:57:03,080 so the house, the measurement is 18 point. 817 00:57:03,080 --> 00:57:07,400 Yeah, but I can't, when I came in and we measured it because see how the house is on the angle. 818 00:57:07,720 --> 00:57:09,060 So like it opens up as it goes down. 819 00:57:09,080 --> 00:57:13,800 However, if it's obviously, well, let me look and see, I have a, I have a clean here. 820 00:57:14,300 --> 00:57:16,260 If it's, yeah, you know what you say that? 821 00:57:16,300 --> 00:57:18,260 Yeah, I thought we'd double check it before we came. 822 00:57:18,260 --> 00:57:22,360 more than we don't have to rehabilitate because 823 00:57:25,200 --> 00:57:26,960 I thought Kevin was here wasn't 824 00:57:26,960 --> 00:57:31,040 so are you gonna hung up later on huh we don't want you to hung up no no no no no no it's a 825 00:57:31,040 --> 00:57:34,400 come on let me see I think 826 00:57:40,840 --> 00:57:48,060 we did yeah I remember we did because I I noticed it too 827 00:57:48,060 --> 00:57:48,240 then. 828 00:57:49,740 --> 00:57:50,260 I have them. 829 00:57:53,690 --> 00:57:54,730 Let me see. 830 00:57:56,010 --> 00:57:58,630 This is going to work for you. 831 00:57:58,830 --> 00:57:59,250 What is this? 832 00:58:04,150 --> 00:58:04,890 I don't want to do it. 833 00:58:05,370 --> 00:58:06,370 Why don't you go swimming? 834 00:58:06,830 --> 00:58:09,010 I don't think I have a 20. 835 00:58:09,170 --> 00:58:10,090 I don't see. 836 00:58:10,910 --> 00:58:12,030 Just do it for you. 837 00:58:12,870 --> 00:58:13,990 30, 20. 838 00:58:21,480 --> 00:58:22,680 In 16, yeah. 839 00:58:22,760 --> 00:58:24,320 I might be the same because of the white. 840 00:58:24,700 --> 00:58:24,920 Yeah. 841 00:58:25,160 --> 00:58:25,220 Very long. 842 00:58:25,220 --> 00:58:25,680 This is well. 843 00:58:25,700 --> 00:58:25,940 No. 844 00:58:26,180 --> 00:58:27,080 I think it's a good one. 845 00:58:29,860 --> 00:58:33,640 I had to guess I had to go out my glasses. 846 00:58:34,040 --> 00:58:38,140 Maybe 18 or 17 that's 15, 16, 17. 847 00:58:42,340 --> 00:58:42,500 Yeah. 848 00:58:45,220 --> 00:58:46,440 This is what I could be closed. 849 00:58:46,760 --> 00:58:51,120 If you were, if I mean if you can try it, the plan is really 850 00:58:51,120 --> 00:58:52,120 kind of on the end of the end of the year. 851 00:58:52,660 --> 00:58:54,240 But he used to be, he's an end of the year. 852 00:58:54,360 --> 00:58:55,800 He's a DBW Christian now. 853 00:58:56,180 --> 00:58:57,020 Who pointed out. 854 00:59:00,080 --> 00:59:03,320 The lot does well enough so I could really maybe get into it. 855 00:59:03,320 --> 00:59:06,780 It's something that you could sort all day to run either. 856 00:59:06,780 --> 00:59:08,700 You could adjustment or modification, 857 00:59:09,600 --> 00:59:12,860 or you can come back and search, you can come back. 858 00:59:13,760 --> 00:59:16,140 You'd have to advertise correctly, 859 00:59:16,500 --> 00:59:19,400 but the one one can make a way to see. 860 00:59:21,640 --> 00:59:22,340 I wish you all the same. 861 00:59:23,480 --> 00:59:24,280 Yeah, just. 862 00:59:24,580 --> 00:59:26,080 Well, is this the answer to the book? 863 00:59:26,440 --> 00:59:28,600 You'd have to try to read it. 864 00:59:28,720 --> 00:59:30,920 Would I have to make it? 865 00:59:30,920 --> 00:59:32,040 Can I ask you a question? 866 00:59:32,040 --> 00:59:36,460 But if we don't vote tonight, and it's continued a month, is that going to affect you? 867 00:59:37,420 --> 00:59:37,460 Yes. 868 00:59:39,500 --> 00:59:42,140 I have a question here with you now, but you want to vote? 869 00:59:42,140 --> 00:59:44,880 Now, would I be able to keep it within that? 870 00:59:44,960 --> 00:59:45,000 Yes. 871 00:59:45,300 --> 00:59:45,680 18. 872 00:59:46,400 --> 00:59:46,800 Exactly. 873 00:59:47,280 --> 00:59:47,480 Yeah. 874 00:59:47,860 --> 00:59:48,560 I can make that one. 875 00:59:48,580 --> 00:59:49,380 I can make that one. 876 00:59:49,980 --> 00:59:53,220 So if you advertise 18.5 feet, you have to be with me. 877 00:59:53,440 --> 00:59:55,800 Anything outside of that, it's going to be an issue. 878 00:59:56,580 --> 00:59:57,060 No, we'll find it. 879 01:00:00,000 --> 01:00:00,760 Questions? 880 01:00:01,340 --> 01:00:07,380 Um, from, you know, Jackson, I just want to make sure I do that. I did okay, yeah. 881 01:00:07,640 --> 01:00:12,020 You sent this, and then the others was fire. Fire department reviewed it and determined 882 01:00:12,020 --> 01:00:13,800 that fire department access to success. 883 01:00:16,640 --> 01:00:20,900 Thank you, Madam Secretary. Anyone here would like to speak in favor? You know, 884 01:00:21,140 --> 01:00:24,520 a nine, anyone who would like to speak in opposition? Need a motion? 885 01:00:26,600 --> 01:00:31,960 Okay, motion made and seconded on the motion and Mr. Opponent. 886 01:00:34,830 --> 01:00:41,530 I have no problem with the project. I feel uncomfortable voting with a major question there. 887 01:00:42,610 --> 01:00:51,570 If he's understanding over the next few days, did he certify that they needed advertising 888 01:00:53,350 --> 01:00:59,590 then he should be informed that he has to come back next month. Or he could choose to modify that. 889 01:00:59,630 --> 01:01:02,570 He should modify the plan. He's almost here. 890 01:01:03,710 --> 01:01:05,090 He's almost here in the stairs. 891 01:01:05,430 --> 01:01:09,350 What that? I'm not asking to change anything. 892 01:01:10,170 --> 01:01:14,370 I'm just just wanted to bring it up so I can vote yes on this. 893 01:01:15,910 --> 01:01:17,190 Is that your vote, Mr. Ackler? 894 01:01:17,310 --> 01:01:18,530 Yes, it'll be yes. 895 01:01:18,530 --> 01:01:21,030 Okay, thank you, Mr. Actman. That was the long issue. 896 01:01:21,250 --> 01:01:25,430 That's in the history of, uh, Zona White, I don't know what it is. 897 01:01:26,150 --> 01:01:33,170 Mr. Joyce, Chair of O'Jazz, Mr. Varia, Mr. D'Arty, to prove five nothing 898 01:01:33,170 --> 01:01:34,530 congratulations. Thank you. 899 01:01:34,570 --> 01:01:39,030 I made a further motion that should be have to come back that the fee be wait. 900 01:01:39,510 --> 01:01:40,810 Okay, do I hear a second? 901 01:01:41,970 --> 01:01:44,890 If he has to come back, we'll wait for the fee. 902 01:01:45,790 --> 01:01:47,830 So, a motion made in second, all those in favour? 903 01:01:47,830 --> 01:01:52,510 signify by saying aye, the Chair votes aye, motion passes, five nothing. 904 01:01:53,270 --> 01:01:54,010 Appreciate it. 905 01:01:54,310 --> 01:01:55,070 Have a good night's aye. 906 01:01:55,190 --> 01:01:55,770 It needs to be this. 907 01:01:57,050 --> 01:01:57,070 Okay. 908 01:01:57,590 --> 01:01:59,170 Case number three, five, five, 909 01:01:59,390 --> 01:02:03,890 Disuse a five-dot mystery, a variance of Section 440 Attachment 3, 910 01:02:04,170 --> 01:02:06,830 and a special permit from Section 440-503, 911 01:02:07,490 --> 01:02:09,350 the zone ordinance will allow the extension. 912 01:02:09,790 --> 01:02:12,330 We're pre-existing on conformant structure by allowing 913 01:02:13,510 --> 01:02:19,750 820 square foot one story edition with a walk-out dog hose having a 4.7 size 914 01:02:19,750 --> 01:02:22,230 I'd set back instead of 15. 915 01:02:27,210 --> 01:02:28,830 Raise your hand sir. 916 01:02:31,680 --> 01:02:32,880 My right hand. 917 01:02:36,890 --> 01:02:40,210 It's where the testimony of the truth, all truth, all truth, all truth, all truth, all 918 01:02:40,210 --> 01:02:41,050 how can you guide? 919 01:02:42,030 --> 01:02:43,070 Name an address for the rocket. 920 01:02:43,910 --> 01:02:44,230 Thank you. 921 01:02:44,970 --> 01:02:45,430 Thank you. 922 01:02:47,610 --> 01:02:48,170 Thank you. 923 01:02:55,350 --> 01:02:57,870 I'm here as the engineer from North County Group. 924 01:02:57,870 --> 01:03:00,270 I do not own the house. 925 01:03:11,840 --> 01:03:12,060 All right. 926 01:03:14,140 --> 01:03:24,700 So back in 2018, we originally submitted the plan to this board, and we received an approval 927 01:03:24,700 --> 01:03:31,140 for the expansion of the house, and at that time was presented to the board that my 928 01:03:31,140 --> 01:03:35,460 client is looking to do a master suite on the back side of the house. 929 01:03:37,260 --> 01:03:45,120 Unfortunately, my client, the funds ended up being a little tight and I never got constructed. 930 01:03:46,060 --> 01:03:52,060 So we're looking to come back in front of the board to reactivate the previous approval 931 01:03:52,060 --> 01:03:59,040 and we're going to look to add the master room on the backside of the house. 932 01:03:59,040 --> 01:04:06,340 The light's only 66 feet wide when it was created, it's got almost 9900 square feet, 933 01:04:06,380 --> 01:04:11,000 it's one of the old-time original lights for the downtown area. 934 01:04:12,500 --> 01:04:29,020 Everything else is stained as there's a two-car garage on the backside, there's a 935 01:04:29,020 --> 01:04:38,960 The House currently sits at a four point at a seven feet off of the north, west-leave 936 01:04:38,960 --> 01:04:44,160 whole property line and the expansion of the House and again any closer to that. 937 01:04:44,860 --> 01:04:50,540 The bulkhead, which is basically almost in the middle of the House right here, is getting 938 01:04:50,540 --> 01:04:57,700 located to the back of the House over on the northwest corner of the House. 939 01:04:58,740 --> 01:05:03,060 So, if the board has any questions, I'd be more than happy to answer. 940 01:05:04,740 --> 01:05:07,080 Mr. Darden, do you have a question about the application? 941 01:05:08,660 --> 01:05:09,260 No. 942 01:05:12,260 --> 01:05:20,880 So, there's a current permit right now for the enclosure of the, what used to be the real 943 01:05:20,880 --> 01:05:25,760 who watch, because that's getting converted over to a kitchen space. 944 01:05:26,060 --> 01:05:30,380 So there is an act of a building permit for that, and no experiences of where we're 945 01:05:30,380 --> 01:05:31,660 required for that. 946 01:05:33,320 --> 01:05:34,360 Mr. Tarrer, any questions? 947 01:05:35,120 --> 01:05:39,200 Mr. Tarrer, any questions Mr. Joyce? 948 01:05:39,660 --> 01:05:41,640 This is a three family structure, correct? 949 01:05:41,640 --> 01:05:42,020 The existing? 950 01:05:42,360 --> 01:05:43,840 No, only two. 951 01:05:44,760 --> 01:05:51,360 It looks like a three family, because originally what happened is they used to rent out the 952 01:05:51,360 --> 01:05:57,560 on the second floor, and the third floor was the bedrooms for the second floor. 953 01:05:58,180 --> 01:06:01,360 So it's listed as two, and it's still a two-family. 954 01:06:06,820 --> 01:06:10,200 Thank you Mr. Joyce, Mr. Aquaman. Any questions, comments? 955 01:06:11,980 --> 01:06:12,500 Mr. Correra? 956 01:06:14,240 --> 01:06:14,460 Okay. 957 01:06:15,380 --> 01:06:16,060 Mr. Correra. 958 01:06:17,940 --> 01:06:18,240 Mr. Correra. 959 01:06:18,760 --> 01:06:19,440 Mr. Correra. 960 01:06:20,080 --> 01:06:22,100 Mr. Correra. 961 01:06:22,100 --> 01:06:22,120 Mr. Correra. 962 01:06:22,120 --> 01:06:22,580 Mr. Correra. 963 01:06:22,660 --> 01:06:23,320 Mr. Correra. 964 01:06:23,320 --> 01:06:28,600 as a fitness for Human Habitations State Senator Quote Chapter 2 from the city planner. 965 01:06:29,220 --> 01:06:36,420 They have no comments on the submitter requests from the NGNair, you know what Jackson is. 966 01:06:38,520 --> 01:06:42,400 From the Water Department, the City Water Services is just in building and what is for 967 01:06:42,400 --> 01:06:43,780 comments from the conservation. 968 01:06:44,260 --> 01:06:46,360 There are no conservation uses regarding requests. 969 01:06:47,020 --> 01:06:55,360 And from the DPW, no objection, and then the fire, if I can get it. 970 01:06:56,180 --> 01:06:56,700 No comment. 971 01:06:58,520 --> 01:06:59,620 Thank you, Madam Secretary. 972 01:07:01,080 --> 01:07:03,320 Is anyone here who would like to speak in favor? 973 01:07:04,280 --> 01:07:06,340 Anyone who would like to speak in opposition? 974 01:07:07,200 --> 01:07:08,300 Okay, here are none. 975 01:07:15,600 --> 01:07:18,320 Motion was made to approve this presenter, need a second. 976 01:07:19,940 --> 01:07:24,600 Okay, motion made and seconded on the motion, Mr. Dardi. 977 01:07:30,000 --> 01:07:40,260 It's a barrier. Chair votes. Yes. Mr. Joyce? No. Mr. Aquaman. Yes. Motion passes for one-to-one, it's approved. All right. Thank you. Congratulations. 978 01:07:43,290 --> 01:07:45,750 If there's no other business, motion. 979 01:07:48,110 --> 01:07:49,770 Motion to adjourn. 980 01:07:54,560 --> 01:07:55,280 All those in favour? 981 01:07:58,560 --> 01:08:00,840 We're adjourned. Thank you, everybody. Have a good night.