[0:24] Those on board of appeals will come to order. There's a September 24th, 2026, first order of business,

[0:31] except into the minutes from August 27th meeting.

[0:36] Motion made in second, all those in favour.

[0:38] Chair votes aye, the motion passes. So for those of you who haven't been here before, the way

[0:43] there's on board of appeals works. Petitioner presents the case after the petitioner presents

[0:48] the case. We'll go to public import, ask to hear from those in favour. After those in favour,

[0:53] we'll have from those in opposition.

[0:55] After those in opposition, we'll go back to the petition

[0:57] to answer any questions or concerns that might have.

[1:02] But please make sure if you want to be heard,

[1:03] you do so at the appropriate time.

[1:06] Read off the names and case numbers for tonight's meeting.

[1:10] Let us know if you had case number 3, 5, 2,

[1:12] lock in 24 main street for the petition.

[1:15] Is there any opposition?

[1:18] That will be the second case this evening.

[1:19] Case number three, five three sues a Felipe way, property ID 46-337 for the petitioner is any opposition.

[1:30] 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.

[1:42] That will be the third case this evening, the fourth case this evening, case 3, 5, 5,

[1:48] this is a five-dot mystery for the petitioner, is there any opposition?

[1:55] Okay, so we'll ready to get right to know it here at case 3, 5, 3, 2, 3, 2, 3, 4,

[2:03] away, property ID, 466-337, a special permit from Section 440 attachment, one of those

[2:10] own ordinance to allow a two-family use in a suburban residential district, attorney Brianna

[2:18] Corar.

[2:19] I'm going to excuse myself.

[2:27] Mr. Fitzgerald, will you be speaking?

[2:29] Only if I'm asked questions.

[2:32] So whether that's morning or going to give the truth, I'll turn it off from what the truth

[2:35] is to help you, God?

[2:36] I do.

[2:36] I'm going to address for the record place.

[2:37] We're at Fitzgerald S.F.G. Engineering, 28 Main Street and Lakeville, Project Engineer.

[2:43] You're really tall, but you want to do?

[2:44] Good evening, Attorney Brianna Kerl, with an office at 123 Broadway in S.H.I.N.

[2:48] if I could just share my screen with you.

[3:02] Oh, wait, hold on.

[3:03] It would help if I connect with us too.

[3:04] I only plugged in, and that's my fault I apologize.

[3:10] I wish it worked.

[3:14] Okay, thank you.

[3:16] We are here tonight representing Mr. Susa, and fortunately he cannot join us here tonight,

[3:20] regarding a two-family use special permit for Felipe way and time and this is a portion of parcel 46-337

[3:30] So I say a portion of that parcel because if you were to look this up on the GIS

[3:35] Unfortunately, the GIS is not accurate or up to date for this parcel

[3:38] So you'll see what you have highlighted here

[3:41] Our parcel is actually a portion of it. It's around here and correct me if I say anything incorrect Brad

[3:47] But our parcel is around here, it's about diagonally across the street from this parcel here.

[3:54] Our client purchased this in 2002, there was a confirmatory ID in 2003.

[3:59] The law is referenced as parcel 4 on those deeds.

[4:01] I'm not sure why the GIS is not updated to show our law,

[4:05] but I just wanted to clarify and make sure that that was clear to everyone.

[4:09] So we are in the suburban residential zoning district,

[4:12] where adjacent to the urban residential district,

[4:14] so you can see where that right across the street

[4:17] is where the urban district is.

[4:19] The purpose of this suburban residential district

[4:21] as this board is well aware is to establish

[4:23] and preserve areas for residential development

[4:25] while maintaining the atmosphere of open space.

[4:28] Based off of the size of the lot that we have for you

[4:30] tonight in the proposal,

[4:31] we suggest that we are meeting those objectives.

[4:34] The lot consists of 39,024 square feet of area

[4:38] and the minimum for this district is 25,000 square feet.

[4:41] 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.

[4:52] We also exceed the minimum front-age, so front-age for this district is 125 feet, we have 238.71 feet of front-age.

[5:01] So we're exceeding the minimum front-age by 113 feet here.

[5:04] So it's a rather large lot certainly in comparison to the minimums required,

[5:09] And we feel is more and more than adequate to accommodate a two-family use.

[5:14] When looking at the surrounding neighborhood, there are at least four to five other two-family

[5:19] homes in the immediate vicinity.

[5:21] If you see here, shown in blue, we have white when you enter on the free Bayway right there

[5:28] on the left.

[5:28] There is a two-family home.

[5:29] If you continue down, this is a garage, I believe that belongs to the two-family, and then

[5:35] you have a childplex, which I'll get to in a moment.

[5:37] And then the street over, we have three to family homes in an eight-unit condo building.

[5:43] And then you have some, of course, you know, spread out a little bit further away.

[5:47] Aside from those, there's really all vacant land that is adjacent to this parcel.

[5:52] So you have the remaining land that's vacant here that's owned by another a butter.

[5:56] Our client does not own this land that's around to our parcel.

[6:00] And I believe that the a butter that owns this property also owns this single family home here.

[6:05] That land, I know you can't see it on this board, but on here you can see the vacant land

[6:11] behind our parcel goes to railroad tracks, so the railroad tracks are in the rear and

[6:15] anything that's developed over there is across on the other side of the railroad tracks.

[6:21] You also have all vacant lands on this side as well that you see here along the triplex,

[6:27] and then you have the U.S. military reserve center.

[6:30] So really those are the adjacent abutters across the street.

[6:33] You have a newly developed triplex.

[6:36] So this is a visual if it helps a little bit.

[6:39] This is the beginning of Felipe way.

[6:41] And as you're going down this street, this is the two family

[6:44] that I had mentioned the first house you come across.

[6:46] I believe it has an Eldred Street address.

[6:49] And then you can see a little bit here.

[6:50] This is the garage and the shed that I had referenced a moment ago.

[6:54] And if you continue down the road,

[6:56] the only other structures developed on this way at this time

[6:59] is this triplex, three family home.

[7:03] So my understanding, Brad, if you want to correct me

[7:06] if I'm wrong, I believe this is our parcel of land

[7:08] that we're talking about here, which is pretty much

[7:11] across the street from the triplex.

[7:12] That's correct.

[7:13] And if you go down, sleep a way.

[7:15] There's a turnaround at the end, but there's no other

[7:17] developed properties on this street.

[7:20] Excuse me.

[7:21] Yeah.

[7:21] Go back to the other picture.

[7:23] Sure.

[7:23] That's a three family curve.

[7:25] Yes.

[7:26] Yeah.

[7:26] Because when I went down there, I just wanted to verify

[7:29] Yes.

[7:30] Yep, it was a newly constructed triplex 3 family.

[7:37] So, in looking at comparing a comparison to the surrounding

[7:40] parcels, so again, ours is 39,000 square feet or 0.895 acres. The vast majority of the

[7:47] abutting developed properties that are here are much smaller in size. The parcels with two families

[7:53] or multi-family homes are all around 0.3 acres, so they're roughly around 15,000 square feet. So we exceed

[8:00] most if not all of those multifamily lots that are in the area, by at least 15,000 square feet.

[8:06] This is also almost double in area compared to the largest duplex homes, which I believe

[8:12] would be this one here, or the two family here on the edge of leap away. So we're almost double

[8:18] in area for those. So we propose that we have more than enough space here for a two family

[8:23] home, certainly much larger than the lots in the area. So the reasons that we're asking you

[8:29] grant the special permits tonight. First off, this law conforms to all of the zoning

[8:34] dimensional requirements. So we are not here for any variances whatsoever. As I mentioned,

[8:38] we are exceeding all of the minimums here tonight. So they could technically do a single

[8:42] family by right here, but we are here for two family to conform to the surrounding neighborhood

[8:47] that we have here and what's already on the street. They would be two townhouse style condominium,

[8:53] so two units, one duplex, and it would be similar in style to what was already built across

[8:58] street for the triplex. We suggest that this is in harmony with the general purpose of the

[9:03] ordinance and also the purpose of the district. Certainly because we have a lot of space

[9:09] still left over in this lot, we're not over saturating the lot, and there's some wetlands to

[9:13] as well that, of course, have protections that will have to file with the conservation.

[9:19] But we also are just, we are doing a residential use with presenting some space there.

[9:24] The proposal would also provide a more affordable option.

[9:28] Then most single family homes on the market.

[9:30] I know not everyone agrees or likes to hear that,

[9:32] but they are certainly more affordable than a lot of the single family homes.

[9:35] And there's a need for them.

[9:37] I did speak with the real estate agent that sold the triplex lots across the street.

[9:42] I believe they sold within 10 days as what he had told me.

[9:45] So there is certainly a need for these types of townhouse units.

[9:50] And then lastly, we would be utilizing city water and sewer.

[9:53] So our clients had actually done a roadway improvement plan

[9:56] and was able to improve the road and also bring utilities,

[10:00] which they're working on finishing.

[10:01] This would certainly help finance that.

[10:03] But there would be cities who are in water

[10:05] for the two families as well, bringing in more income to the city.

[10:09] So for those reasons, we ask that you approve the special permit.

[10:13] We're here for any questions that you have,

[10:15] and we thank you for your time.

[10:17] Thank you for your thorough presentation.

[10:19] Questions, comments from the board?

[10:23] Okay, here we go.

[10:24] And none will describe them in the morning to the

[10:27] problem today.

[10:28] Excuse me, please.

[10:29] I do have some questions.

[10:32] Okay.

[10:33] Thank you, Mr. Stratton.

[10:34] All right.

[10:36] Please.

[10:38] Thank you.

[10:40] Department comments.

[10:42] Board of Health.

[10:43] A lot will do service by municipal water and sewer.

[10:45] All dwellings must comply.

[10:47] With the minimum standards of fitness for human

[10:49] And we have an invitation to stand very cold chapter

[10:51] to from the city planner.

[10:54] He has no comment on the submitter request from the city

[10:58] engineer, no objections from him.

[11:02] What a common city water is available from the existing

[11:04] city water may not fully bayway.

[11:07] It's plans are required in need to be submitted to DPW for water

[11:09] service of 8,000 curb stops.

[11:12] DPW payments are required including city license

[11:14] contractor, road open and indoor trench.

[11:16] DPW specifications apply including pressure testing materials, installation and new water

[11:22] meter will update a radio frequency unit and respect it in approval.

[11:26] Pryonis is required before any say water work is to be performed and inspection will be

[11:31] required before that done.

[11:34] From the conservation pageant, the applicant will need to file an host's intent with a

[11:39] conservation commission as a proposed project is within the 100 foot buffer to board

[11:44] run vegetated wetlands. And from the DPW, no objection to the

[11:50] variance request. And fire department, he's reviewed the plans and

[11:55] determine that sufficient fire department access does exist.

[11:58] Thank you, Madam Secretary. All right. There's no further questions or

[12:03] enough to pop up. Is anyone here who would like to speak in favour? Anyone who

[12:08] would like to speak in favour here and none, is anyone who would like to speak

[12:12] opposition,

[12:15] anybody would like to speak in opposition, and now's the time,

[12:23] all

[12:23] sat?

[12:24] Yes, thank you.

[12:25] Thank you.

[12:26] If you could go over the microphone, please, and give us your name and

[12:29] address for the record, thank you,

[12:39] raise your right hand, so other

[12:42] testimony about to give the truth to all, there's nothing about the

[12:44] truth to all of you, God?

[12:45] Yes, a name and address for the record, please.

[12:48] My name is Attorney Bill Brown.

[12:49] My address is up and now, wait with mass.

[12:52] It's my daughter. She lives on a hiding street. The concerns she has is over the

[12:59] development down there. They wouldn't have been notified when the original

[13:03] hearing was going up there to put that roadway in there. And there you wouldn't

[13:08] it directly abuts it. The reason we're here tonight is by she gave me this

[13:13] stuff a little bit late coming down and they were of the concern that that

[13:17] also is going to go right in next to their lot and it appears for me looking at the plan

[13:23] here that it's going to be a good distance away from it. So I don't think she's got a concern

[13:28] with that. There was some concern and some talk about where the property line was there and

[13:35] I'll be looking into that down the road but as far as that house I don't think it's really going

[13:40] affect them right now.

[13:45] All right.

[13:46] Thank you so much.

[13:49] Anybody else who'd like to speak in opposition?

[13:53] Hearing none.

[13:55] Mr. Ackerman, do you have your comments that you are kindly reserving?

[14:00] I will down there.

[14:02] Since there is a road of improvement.

[14:05] And there are several two places.

[14:08] And at least one tried place.

[14:11] I just didn't believe in my eyes.

[14:12] because I thought it was only two places, but I didn't see the try.

[14:18] If Proposition 7 passes with the state, that particular property could end up with a minimum

[14:28] of four single family houses.

[14:31] So the proposal today will eliminate that and only have a due class because I noticed the

[14:39] fire and as wetlands which have blocked one and the way the layout is getting an ADU

[14:48] would be a little difficult also. So I think utilization for that neighborhood is really going

[14:55] be only a doop that so. And I think put a single film in.

[15:00] 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.

[15:25] So, I driven down Aldrich Street thousands of times and never gone down fully pay

[15:31] Wayne or the adjacent Wayne and I, too, was pleasantly surprised with the number of

[15:37] duplexes and multi-family, so it does seem like something that fits and is consistent with

[15:44] the rest of the neighborhood.

[15:46] Anybody else have any other comments?

[15:48] Okay, need a motion.

[15:52] Motion was made and I need a second.

[15:55] Motion was made and seconded on the motion.

[15:59] Mr. Ackerman? Yes. Mr. Joyce?

[16:01] Yes.

[16:01] Chair votes just Mr. Faria?

[16:03] Yes.

[16:04] Mr. Dardi passes five notes in.

[16:07] Thank you very much.

[16:08] Thank you.

[16:08] Have a great night. Thank you.

[16:11] A second case this evening.

[16:12] Key 3, 5, 2, lock in, 24, lane, waste, street, a variance from section 4, 40, dash,

[16:19] 6, 2, 4, 40 attachment, 3, there's only no evidence to allow the development of a lot

[16:24] having zero feet of front, you'll not with, instead of 150 feet of frontage and 100 feet

[16:29] a lot with, but having a 15 foot wide, right of way for access.

[16:40] Is there any other testimony about the commitment to the total truth that's but the truth

[16:43] I hope you got?

[16:44] I do.

[16:45] All right, Scott Ferry, a J.K.

[16:47] Hongren, 1024, Pearl Street, proct and mask.

[16:53] Tell us what you wanted to do with this.

[16:54] All right.

[16:55] Yes, oh.

[16:57] I need to make a disclosure on this at the expirances.

[17:00] The petitioner on this case is a co-worker of mine.

[17:04] So I need to make that disclosure.

[17:06] I do believe that I can sit and get this impartially.

[17:09] So I will be sitting on the case.

[17:11] Thank you, Mr. Joyce.

[17:15] Thank you, Mr. Chairman.

[17:16] Again, Scott Ferry, a representant Tom Lacken.

[17:19] Tom's hoping to construct a home at 24 lane-way street.

[17:24] I have a call up.

[17:25] I'm looking at a blank block behind you, Mr. Chairman.

[17:28] But I think over there, you guys can see everything,

[17:32] so.

[17:32] So the property at 24 lane-way street has zero frontage.

[17:39] The reason we have for a variance we have adequate light area, adequate setbacks to meet all the zoning requirements.

[17:45] the LAT has zero frontage. Lainway Street is a private road that comes off of

[17:50] birch street. Our LAT is a budgeted by a segregated golf course to the east, and then

[17:57] number 27 Smith, number 27, Lainway Street owned by the Smith pretty much surrounds our

[18:04] property. Our property was taken out of the larger property back in 1925, so over 100 years ago,

[18:11] the property was taken out of the parent property and

[18:14] deeded at the time to a family member with zero frontage on

[18:18] Lainway Street by getting access to Lainway Street through a

[18:22] right of way. So that right of way from the subject

[18:26] property to Lainway Street was in use from 1925 until I

[18:30] believed 2016, the home on 2016 exploded and burned to the

[18:35] around in a sat vacant sense, then since 2016.

[18:41] Mr. Lockin is, I'm going to try to click to the plan.

[18:46] Mr. Lockin is proposing to build a single family home,

[18:50] meeting all the zoning setbacks.

[18:53] Smaller than the former footprint, the former footprint

[18:56] is shown in red.

[18:58] It was quite a large home about 4,000 square feet.

[19:01] Mr. Locken is building a small-a-house single-family home within that form of footprint.

[19:08] The septic system was replaced relatively recently, so it has a current septic system.

[19:15] We did go to the Conservation Commission back a couple of months ago and received conservation

[19:19] approval as we do about the Segurganza River.

[19:23] We have an addition to wetlands.

[19:25] We have riverfront concerns that we had to hash out with the Conservation Commission,

[19:29] So we've already taken care of that.

[19:33] So again, in this instance, our our high chip is certainly the

[19:38] decides and the shape of the lot of peculiar lot layout having zero

[19:43] frontage being created that way over a hundred years ago is our

[19:48] high chip.

[19:49] The home certainly fits within the character of the neighborhood as

[19:52] there was a house there for 90 years and until the fire.

[19:56] 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

[20:05] meets the hijack requirement, Ms. Jim.

[20:11] I'd be happy to answer any questions.

[20:13] Questions comments from a board? Mr. Darden?

[20:16] So this existing problem you're showing in the land. Is that just the right way? Or is it that

[20:22] red line?

[20:24] No, it's the existing driveway that

[20:25] That you clearly have a lot of things.

[20:29] Yep.

[20:29] Okay.

[20:30] So it's a gravel in front.

[20:31] Exactly.

[20:31] A gravel driveway comes off of Laneway Street.

[20:37] Yeah.

[20:37] It was a foundation that before.

[20:41] There was a house there for 90 years and right.

[20:44] And what do you need of areas?

[20:47] Well, it's been over 10 years since the house burned.

[20:49] So any grandfather protection the house had or the lot had with zero frontages.

[20:54] loss that I figured if you have two years or three years to build on a grandfathered lot.

[20:59] So because it's that bacon for ten years at this point, it's no longer grandfathered.

[21:05] As we understand it.

[21:07] Well, I don't, I guess it's a loss of what I can agree with it because I think that it was

[21:13] there.

[21:14] There's a foundation there and there's an existing right way to get in to the property

[21:19] And it should be, in fact, a lot.

[21:21] I am single.

[21:22] All right.

[21:24] That's how I am going through the question.

[21:25] Thank you.

[21:26] Thank you, Mr. Dardi.

[21:27] Mr. Ackerman?

[21:29] I think it's important that a neighbor sent him a letter.

[21:34] I think that should be read, and then I'll have some questions in some of my responses once

[21:44] the letter is read.

[21:44] Okay.

[21:45] 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.

[21:58] So, I know it's difficult, I mean, but the property sat there, so that's why they're here tonight.

[22:07] And the most important thing I think once the letter is read is that you've already got

[22:14] conservation approval, you want to conservation because a lot that's in the letter once

[22:20] the letter is read, you want to see why I'm saying that.

[22:30] 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?

[22:44] 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.

[22:59] Stero, question, communications from the

[23:08] Board of Health.

[23:09] The lot will be serviced by an on-site septic system and private well.

[23:13] All dwellings must comply with the minimum stain as a fitness for our human

[23:17] evitations, state, sanitary, cold, chapter two.

[23:20] From the, I'm sorry, the city planner.

[23:23] He has no comment on the submitter request from the DPW.

[23:27] No objections from the, I'm sorry, the engineer.

[23:29] No objection from the engineering department.

[23:33] From the water department, city water is available from the existing

[23:36] 18-city water made on Lainway Street.

[23:39] And they require the standard plans required and need to be

[23:42] senior to the DPW for water service.

[23:44] Gate valve curb stops.

[23:46] DPW permits are required including city license contract,

[23:49] a road open and a trench.

[23:51] DPW specifications apply including any back load devices

[23:54] must be inspected by the plumber or city inspector.

[23:57] prior notices required before any city water work is to be performed in inspections will be required before that fill in.

[24:05] From the conservation agent, there are no conservation issues regarding the concerns for the variants.

[24:11] There is an approved order of conditions with this project issued on August 19, 26.

[24:17] Once the project is completed and the site is established, a certificate of compliance will need to be filed to close it out.

[24:26] from the GPW commissioner, no objection to the variance request,

[24:31] and then he has the letter from the Navy.

[24:35] The Navy?

[24:35] The Navy.

[24:36] The Navy.

[24:38] OK.

[24:39] It's from Aaron and Karen Smith.

[24:44] This communication is a response to the notice of the aforementioned

[24:47] here in First of all, I would like to thank the board for the notice

[24:50] of public hearing and the opportunity to be a part of the process.

[24:53] the better off of our system of government,

[24:55] reciprocity, ability of the citizens, citizen-3,

[25:00] to be part of this process.

[25:01] Based on the proposal's various exemptions,

[25:03] listen to ZBA's communications and the taps

[25:06] led up provided by myself,

[25:08] outlined in the historical narrative

[25:09] based on my family's ownership of the

[25:11] bottom property since 1962.

[25:14] We respectfully request a ZBA

[25:16] as a delirited body to consider the following.

[25:20] Right away, field markings,

[25:21] It will appear that it would appear to be reasonable to request that the 15-foot right-of-way

[25:26] V clearly marked in the field so that all parties may be allowed to re-o the right-of-way and

[25:33] determinist legitimacy.

[25:35] This would especially, this would be especially important at the beginning and the end

[25:39] in another right-of-way.

[25:41] Liability, hold-homeless, agreement, de-modification.

[25:45] Based on the attachment occasion that has outlined the various concerns over the last 64

[25:50] years, I have a concern regarding implied liability with regard to detailed, with regard

[25:58] to severe weather events to include flooding and high impacts, no events.

[26:02] Both deeds should include detailed verbiage that outlines and protects the owners of 27

[26:07] lane-way street, both current and future, from any and all liabilities to any and all

[26:12] the properties that are generally west of the Saragenset River dam.

[26:16] This would include the large parcel and the three outlets tied to it.

[26:20] To be clear, these concerns are not about me and my family.

[26:23] This is about potential assumed liability and put you in.

[26:27] Not for a week, not for a month, or for a year, or whatever.

[26:31] We cannot accept any liability that could potentially be tied to these properties

[26:35] and will vigorously defend the property from civil liability.

[26:40] Other liabilities.

[26:41] The right-of-way traverses through our property as heavily wooded with moderate tree growth on both sides.

[26:47] 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.

[26:55] Should they come down for any reason?

[26:57] 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.

[27:06] these areas should be addressed so that these concerns be mitigated to an agreeable extent.

[27:13] Expense share and related to access maintenance.

[27:16] Since the current and future owners of 27 layway street,

[27:19] 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.

[27:27] I feel it is reasonable for there to be a formal agreement that outlines some monetary contribution

[27:33] to an Esquire account held for the purpose of these expenses.

[27:37] The concept is fairly straightforward.

[27:39] 24 laneway contributes to wear and tear of the robbery,

[27:43] which includes the dam.

[27:44] 24 laneway also has invested interest in maintaining the dam

[27:48] and therefore they should contribute to the expenses.

[27:51] I cannot see how this would be anything but fear.

[27:56] In conclusion, I would like to once again thank the ZBA

[27:59] and the conservation provision for the opportunity

[28:01] to bring these matters to life.

[28:02] And I sincerely encourage the board in the commission to care as we consider the proposal

[28:07] at hand and to provide all deliberative discussions online in all the circumstances that have been brought forward.

[28:14] As a point of reference, since we are not the ones requesting these variances, we should not be required to address them.

[28:22] The participants should address them. In addition, we realize that some of these issues are generally not the purview of the ZBA.

[28:28] However, I feel they should be a matter of record.

[28:31] These points may hear a fear in a reasonable

[28:34] based on the actual conditions and historical events

[28:37] as outlined in the separate document.

[28:41] What do you mean by that?

[28:42] Because this is all I got.

[28:44] Thank you.

[28:45] Thank you so much.

[28:46] Madam Secretary, Mr. Aquaman, did you want to comment?

[28:49] I'm going to wait for the meeting.

[28:51] If the need is to speak, I got some questions of the end in here.

[28:57] Anybody here would like to speak in favor?

[29:01] Anyone like to speak in favor here or not?

[29:03] Is anybody here who would like to speak in opposition?

[29:07] Okay, come on down to the microphone.

[29:27] My name is Aaron Smith.

[29:28] I live at 27 Laneway Street.

[29:30] Raise your hand.

[29:32] So are the testimony?

[29:32] Let's give the truth to hold for itself.

[29:34] You got it?

[29:35] Yes.

[29:39] Name an address for the record, please, man.

[29:41] I'll Karen Smith, 27-Layon Way Street Tont, Mass.

[29:46] Oh, no.

[29:50] Okay.

[29:51] Thank you for inviting me to speak this evening.

[29:53] I appreciate the opportunity.

[29:56] I will be as brief as possible.

[29:57] I'm sure that you folks want to get home to your families.

[30:00] Although on somewhat unrelated data decision today, the historical record matters as it relates to the project.

[30:08] 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.

[30:19] You, as the deliberative body, make critical decisions regarding many projects. My assumption is that most of them are fairly straightforward.

[30:27] and require you to lay out a few conditions that will mitigate the concerns I assure you

[30:33] this project is not that.

[30:37] There's a due diligence issue. The original home was tragically

[30:41] lost in 2015. Since that time, the property has been on and off the market several times. It

[30:48] is well documented with the current state of the real estate boom that listing times for building

[30:53] lots are very short.

[30:58] It would seem fairly apparent to any potential buyer that access to and

[31:05] from the property is unusual to say the least. Some of the questions a reasonable person might

[31:11] ask would be who owns the road? Who maintains the road? Where is the right of way? Where is it

[31:23] will it be impacted?

[31:26] Can I get to my house during severe events?

[31:28] I ask these questions because I've lived there for 62 years and every one of those things

[31:33] has been a problem.

[31:36] No questions were posed to me regarding the project prior to where we are now.

[31:43] My assumption is, and a question I would ask is maybe we were thinking we were just going

[31:48] to be all fly this thing under the radar.

[31:51] That's not going to happen.

[31:51] 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.

[32:06] There is only one way in and one way out of this property.

[32:10] Should that access become impaired for any reason?

[32:13] That responsibility, if alleged, to be under my control, will be my concern related to

[32:24] 24 lane-way street.

[32:27] Sometime in the late 1920s, a one-and-a-half acre parcel was separated from a 250-acre

[32:33] parcel as a result of a marriage between the Chafes and the Gamble.

[32:39] I do not know why an odd shaped parcel, basically on the river, was pulled out of a 250-acre

[32:47] parcel, and I don't think we'll ever know that.

[32:51] The parcel now known as 24 laneway street is bounded easterly by the Segregansett River.

[32:57] The couple decided to build the structure very close to the river's edge, most likely

[33:03] for aesthetic reasons.

[33:06] The front door was 35 feet from the Ridge's Rivers Edge

[33:09] at mean water level.

[33:12] The water level fluctuates wildly, widely.

[33:15] Sometimes, as far as 45 feet away from the front door

[33:19] under drought conditions, to as close as 25 feet away

[33:24] under flooding conditions.

[33:26] During extreme flooding conditions, such as the 2005

[33:29] and water levels did creep much closer than 25 feet to the front door.

[33:38] We all know that a new project of this scope,

[33:41] as originally conceived in 1920, would be virtually impossible in 2026.

[33:47] In 2026, there would be concerns regarding the proximity of the river,

[33:52] the ACEC, setbacks, septic systems, well water, et cetera.

[33:57] In the 1920s, I am fairly confident that the permit approval process was either non-existent or very limited.

[34:08] Due to the size and shape of the property, and its proximity to the second against river, structure placement options are very limited.

[34:17] Over the last 60 years, the home has had issues due to its proximity to the waterline.

[34:24] These include soil wash out.

[34:28] So oil wash out is a process that involves continual intrusion of water in an area and

[34:35] as the water level rises and falls, silt washes out of the soil structure and leaves

[34:42] a void.

[34:43] Over time this can form a large void against the foundation or under a foundation.

[34:49] When this occurs, failures can happen.

[34:56] This was happening to the previous structure throughout its life.

[34:59] At one point, the ground level against this foundation, for the original house,

[35:03] had sunk about 18 inches at the entire perimeter of the home.

[35:09] Meaning, you had a soil level here, you had a soil level here,

[35:13] originally against the foundation, it was down 18 inches.

[35:16] again due to the soil wash-out. This was obviously a major structural

[35:22] concern since the river elevation routinely rises above the foundation floor.

[35:28] There's no practical way to engineer this out of the equation.

[35:33] Water and

[35:34] truzen into the cellar is another factor or was another factor. Pumps went

[35:39] stalled in the cellar to control water and truzen. This may be marginally

[35:42] affected to some degree under drought or even mean water levels.

[35:48] But this was an essentially an exercise in futility, pumping water in a circle when there

[35:53] is power under river flood stage, there is no some pump that can keep up with it.

[36:01] Then we come to liability and litigation.

[36:03] Should the project move forward, there will be problems and there will always be problems.

[36:11] If there is some sort of failure related to flooding or soil wash out, the legal process will begin.

[36:19] 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.

[36:30] 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.

[36:41] Simply because I control the segregants at River Dan.

[36:48] These are the simple facts of 2026, we all know it.

[36:52] We live in a very litigious society. I must defend the property from this scenario. I have no choice here.

[36:59] this is in perpetuity forever. It's not about me, not about my family, it's about a hundred and ten

[37:06] acre piece of property that is going to have assumed liability in perpetuity.

[37:12] You as a deliberative body have the authority to require an in personal third-party review,

[37:18] chosen by this body to review and advise this body of the project paid for at the petitioner's expense.

[37:28] this will ensure that the project

[37:30] Post is reasonable responsible and prudent. It will also allow you to review and require appropriate conditions for the project.

[37:38] I am sure that the project plans are accurate and complete. However, they may be unknowingly incomplete or inaccurate, as they were proposed

[37:50] from the perspective of the petitioner.

[37:54] and reviewed not by a third party.

[37:57] In conclusion, I have a simple question.

[37:59] It was a mistake to build this home 100 years ago,

[38:03] and we're going to do it again.

[38:07] I'll be using improved construction methods.

[38:10] In the end, there are three things.

[38:12] There are known unknowns, unknown unknowns, and known unknowns.

[38:17] It is clear that this is an example of a known unknown.

[38:21] one. We all know that there will be future flooding events. It is unknown when or how bad

[38:29] there will be. So I'll piece into New England whether runs in cycles approximately in

[38:34] a 20 year cycle. If you start with a hurricane of 38 and carrying on through the hurricane

[38:39] of the 50s include Hurricane Carol, the Blizzard of 78, the damn crisis of 2005, the Blizzard

[38:46] of 2026 sprinkling Hurricane Bob and Halloween storm of 1991, and you've had some doosies.

[38:54] We have survived the wall down there, mainly through planning and hard work.

[39:00] If we ignore the history, we're doing to repeat the mistake.

[39:05] The true issue here is related to dam and the access across the dam and the control of the

[39:14] and the liability to my property.

[39:18] I appreciate your time.

[39:23] Thank you.

[39:25] I'd just like to add something.

[39:28] In regards to the house that was there at one time,

[39:34] it was not built per se as a house.

[39:37] It was basically built by the gambles

[39:42] to be kind of a guest home that was very large.

[39:46] It had a ballroom because I remember it going over there in 93.

[39:52] It had a huge ballroom and all along up above on the second floor,

[39:57] we're a little rooms that people could stay because the gambles that lived in our house

[40:03] originally, they had a cattle, the raised cattle, and I think dairy cows,

[40:12] and they would have quite a few visitors coming up because they were from Virginia, they would

[40:18] have visitors come up and that's where they would like to put them over at that 24-lane way.

[40:27] So I think that part of the reason that they never really got involved with all specific

[40:34] things is that they just needed a place for people to like kind of an overflow.

[40:38] 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.

[40:47] I mean, I'm sure the person has passed away because he was like 80 when I was like 50.

[40:53] But they worked at the farm and all. So he would tell us, you know, all about the place.

[41:00] So I don't think originally it was for a regular living dwelling.

[41:07] and over the years the people that have stayed there have never stayed there for very long

[41:14] because of all the problems with the host. The last people that lived there were at Burnt down,

[41:21] they had two pumps in the house running 24-7 and that's one of the reasons why the host

[41:30] burnt down is because they got a, they're always losing electricity, they got a, a generator,

[41:39] run by propane, and they didn't run the wires of the propane correctly, and that's how it

[41:47] burnt down.

[41:48] We had in February the snow in the ice off the roof, caused the pipes to burst and go all

[41:57] the propane going to the cell, and when somebody went to take a shower, just blew up the

[42:04] house. So, I mean, it's had its problems. It is a beautiful spot. I don't blame anybody

[42:10] for wanting to be there, but they, you know, they got to realize that they could run into that,

[42:16] because no one's ever been happy there. It's not as many people there. They like being there

[42:21] first, and then it was just a headache, you know, for everybody, but just to be

[42:26] aware, and the thing is basically what my husband, he doesn't mind if somebody

[42:31] bills their lives there, but he just doesn't want to be responsible over the years to

[42:36] have to, you know, do anything more than what we do already, you know, for taking care

[42:43] of things to make sure this isn't like that, because now there's someone else

[42:50] Thank you so much, Pam.

[42:52] Okay.

[42:53] Thank you.

[42:54] Anybody else who would like to speak in opposition?

[42:59] Mr. Farrey, you're on.

[43:01] Thank you.

[43:03] Really, the only thing I have to, I guess, to respond, Mr. Chairman, is the environmental concerns

[43:09] that concerns about the flooding of the Seger Gants at River.

[43:11] That's exactly why we went to conservation first before we came to you, folks.

[43:16] in the flood elevation of the Segurganza River

[43:19] set by FEMA is elevation 90.

[43:22] Our finish floor is gonna be 17 feet above that elevation 107.

[43:26] Our basement floor is gonna be nine feet above it.

[43:28] So the basement floor is nine feet above the flood elevation.

[43:32] So I think we've got knowing that's the flood elevation,

[43:36] knowing the history of the area,

[43:39] and knowing that there could be some basement

[43:41] and flooding issues, that's why we've got the house

[43:44] that fire up in the air. So certainly a nine foot buffer between the flood elevation in the

[43:50] basement floor where pretty comfortable and confident with that. And again, that's exactly

[43:55] why we went to conservation to give the conservation commission a chance to review everything.

[44:01] In this case where it is along the river, it's a little bit more complicated with the DEP regulation,

[44:06] so it goes through a pretty good review from DEP as well. So we feel like it's been vetted pretty

[44:12] Well, at this point, invite mentally, Mr. Chairman.

[44:16] Mr. Faria.

[44:19] Is that street private all the way from birth street all the way down?

[44:23] Correct.

[44:24] And who maintains that street now?

[44:27] I believe Mr. Smith does.

[44:30] There's nothing formal and I would need that speaks to any maintenance,

[44:35] but Mr. Smith does take care of it.

[44:38] It's a private way.

[44:42] So I think like most private ways,

[44:43] be a butter zone up to the centerline.

[45:00] I know the three pretty well. Mr. Darden, I'll stop.

[45:05] It's an unaccepted public way. It's not private, please.

[45:09] Mr. Ackerman.

[45:12] First, I want to thank the individuals who are coming up.

[45:16] It's a fascinating view.

[45:27] Yes, sir.

[45:27] You're a certified engineer.

[45:30] Your company is registered with the state qualified.

[45:38] You went to conservation,

[45:43] which was a very smart move.

[45:45] Because if you didn't, and you came here first, we tried to tell you to go there, and then come back.

[45:51] It was tons of...

[45:51] Those tons of...

[45:52] Those tons of...

[45:52] Those tons of tons of tons of tons of tons of tons.

[45:53] That was a very great...

[45:56] He's smart.

[45:56] You're talking about a 4,000 square foot half.

[46:01] I'm running it off.

[46:03] And cut in half, done a 2,000.

[46:06] We have major new building codes for the commonwealth of the mass in the city of Tornin,

[46:15] which this house will comply to.

[46:19] The city engineer will be monitoring the development as far as the engineering aspect,

[46:28] the building department will monitor the actual structure.

[46:34] It is a right away per what you're showing.

[46:43] In your mind, have you found any written notification of the right away where there was agreements made.

[46:56] So now it becomes a civil matter between the two parties.

[47:01] This board is only responsible to look at.

[47:05] Is there access to it is a illegal right away, which is shown, and you said it's registered.

[47:15] And the city, the partners will monitor the actual structure and the whole property.

[47:25] conservation have many points and I haven't seen the conservation decision but we got a very good

[47:32] conservation board, a monitor and a very stringent on conservation issues, be it alone or

[47:43] other way, you've got to get also me DEP required, right?

[47:49] I along with my colleague at Carrera, I first looked at this thought, I'm going to be

[47:57] a long night because I'm going to be really awesome questions and probably negative, but

[48:03] after reading everything, and it was very detailed letter and a very detailed explanation here,

[48:12] to very important points come. Most of them are conservation issues which was handled.

[48:21] If they approved that the move forward, I'm not going to be the end of challenge.

[48:28] You know what conservation type? I go all whatever their decision is. I know the city departments

[48:34] who are going to monitor the construction and look out things, fight a parliament, gave a

[48:41] approval, they can get there, that's what counts.

[48:47] So to me it comes down and now being a civil matter determined, what agreement can be made

[48:54] between the two parties, and this board is never, and I've been on the board on the study

[49:01] one years of jumped in and ordered that you have to do this and do that. We've recommended

[49:11] please sit down, try to work things up and I'm going to say please sit down and try to

[49:17] work things out. But we don't have the authority to tell you you have to do X, Y, and

[49:24] and we don't have authority to tell the owner to do that's why it's

[49:29] that's, again, that's what the courts are, that's what neighbors do.

[49:35] So, in light of that,

[49:41] you've been here before, I know you're from, I know you're going to be

[49:54] And this was done.

[49:57] So again, when I first looked at it, I was a definite no.

[50:01] But again, as I dug into it, I became a marginal no.

[50:06] And after knowing the conservation of truth and looking into the matter, I'm sorry for

[50:14] the Smiths, but I become a positive yes.

[50:17] 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.

[50:41] Thank you, Mr. Strachman. Mr. Doddy?

[50:44] Yeah, so I have to assume I'm not going to someone else.

[50:50] This right away is it not part of a deed is it not a deed right away going into the property?

[50:56] The right of way off of Lainway Street, correct?

[50:59] Okay, yes.

[51:00] And Lainway is a public non-accepted role in the Smith.

[51:08] And are there any other house on the street?

[51:10] 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.

[51:17] So there are three houses.

[51:21] Thank you.

[51:23] Mr. Joyce?

[51:24] Thank you.

[51:26] I have any comments.

[51:27] I know.

[51:29] Mr. Turner?

[51:30] Paul Scott?

[51:31] Okay.

[51:33] All right, gentlemen.

[51:34] Well, we've emotional.

[51:39] I'm emotional.

[51:40] Motion.

[51:40] Motion approved as presented was made by Mr. Dardy.

[51:44] Do I have a second?

[51:45] Second.

[51:45] Okay, motion made in second. Any further discussion?

[51:50] Okay, here we are, on the motion, Mr. Dordi. Mr. Faria.

[51:55] Chair of Ocasmas, Mr. Joyce.

[51:57] Mr. Aquaman?

[51:58] Yes.

[51:59] It's approved.

[51:59] Five nothing.

[52:00] Thank you.

[52:01] Good night.

[52:04] Okay, next case, Dreams to Realty LLC.

[52:07] 16, A Street.

[52:10] Case number 3, 5, 4.

[52:11] The variance from section 440 attachment through the zone known in

[52:15] allow the reconstruction of a two-family drawing on the existing foundation, have been a

[52:19] front yard setback of 18 feet, seven inches from north, south instead of 25.

[52:30] Raise your hand, please.

[52:31] Sweat the testimony, everyone, to give the truth.

[52:33] The whole truth, nothing left the truth to hope you got?

[52:36] Name an address for the racket?

[52:37] Jason Barrow, 69-12F.

[52:40] Tell us what you want to do, start?

[52:44] I'm going to read off this.

[52:45] Of course.

[52:46] Good evening. My name is Jason Barrow.

[52:49] I'm here with a question in front of your setback.

[52:51] We're leaving, so I can continue to re-construction of the existing two-family dwelling

[52:54] at 160 Bay Street.

[52:57] During demolition, the work went further than originally planned because the existing

[53:01] still play and surrounding structural components would be on repair.

[53:05] The building department advised me that my options were to remove the portion of the

[53:08] foundation within the setback, demolished the existing foundation and relocate the structure,

[53:13] or request relief from this board.

[53:16] Removing or relocating the existing foundation would create a substantial financial hardship

[53:21] and requires to never get redesigned in additional construction.

[53:26] This property is also a corner lot, so the front yard

[53:29] setback applies to both the front and side of the structure.

[53:34] A typical interior lot would generally have a 15-foot

[53:37] side setback, but this property requires 25 feet

[53:40] setback along that side.

[53:42] The existing structure has approximately 18 feet,

[53:47] which would normally be sufficient if this was not a corner lot.

[53:50] I am requesting relief to continue rebuilding the two family dwelling using the existing foundation location.

[53:57] I believe the Cornelot conditions create a unique hardship and granting this relief for a lot of property

[54:03] to be safely completed and returns a productive residential use.

[54:07] Thank you for your consideration.

[54:09] Thank you.

[54:10] I drove by that today along with all the others.

[54:12] And I noticed that your lot was exceptionally clean.

[54:15] Are you going to be first for a second for?

[54:18] 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.

[54:26] Any other questions from any other board members?

[54:29] So are you going to increase this square footage of the new building?

[54:33] Yeah, so initially it was permitted to do, I'm keeping the same.

[54:38] I'm not changing the plans from the permit.

[54:40] It's just since we was trying to keep the existing first floor and the frame on the first floor and the sole plate.

[54:47] But by the time we got on the brick exterior,

[54:50] we realized we wasn't going to be able to save it.

[54:53] So once we get to that point, then it brings me to here,

[54:56] because I guess there's no longer a grandfather

[55:00] in for the use.

[55:06] It should be any questions from anyone else.

[55:11] The problem is please, Madam Secretary.

[55:17] From the board of health, a lot will be serviced

[55:19] by Ms. World Water and Sewer.

[55:21] All dwellers must comply with the minimum state

[55:24] as a fitness for human habitation state,

[55:26] Senator Co-2, City and City Cleaner

[55:30] has no comment on the request from the engineer.

[55:35] No objection from the engineer's office

[55:37] from the water department, City Water Services,

[55:40] the existing buildings, no comments at this time.

[55:43] From a conservation, there's no conservation concerns

[55:47] regarding the special permit, and then from DPW, no objection to the plan, but the restored

[55:54] bulkhead nearest to North Avenue, appears to be closer than the 18.7 variants request.

[56:08] See the little bump out?

[56:11] That bump out has to meet setbacks too.

[56:13] Let me just point this out.

[56:14] I didn't know this at all.

[56:15] Can we measure that?

[56:16] Well, we didn't know.

[56:17] that probably the bulkhead really that have to be removed

[56:20] and that's probably re-avitized.

[56:23] So you're advertising 18 point?

[56:25] No, but.

[56:27] Did he measure it?

[56:28] We measured it when we was in a, when I came in,

[56:31] we measured the bulkhead on the map for the scale roll

[56:35] or something.

[56:35] Yeah, she used her.

[56:37] Hold on.

[56:38] I mean, look at, well, that's the engineer.

[56:40] I'm not going to.

[56:43] The bulkhead on the end up?

[56:44] Yeah, existing.

[56:49] So you have to be 25, if the house is only 18,

[57:00] so the house, the measurement is 18 point.

[57:03] Yeah, but I can't, when I came in and we measured it because see how the house is on the angle.

[57:07] So like it opens up as it goes down.

[57:09] However, if it's obviously, well, let me look and see, I have a, I have a clean here.

[57:14] If it's, yeah, you know what you say that?

[57:16] Yeah, I thought we'd double check it before we came.

[57:18] more than we don't have to rehabilitate because

[57:25] I thought Kevin was here wasn't

[57:26] 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

[57:31] come on let me see I think

[57:40] we did yeah I remember we did because I I noticed it too

[57:48] then.

[57:49] I have them.

[57:53] Let me see.

[57:56] This is going to work for you.

[57:58] What is this?

[58:04] I don't want to do it.

[58:05] Why don't you go swimming?

[58:06] I don't think I have a 20.

[58:09] I don't see.

[58:10] Just do it for you.

[58:12] 30, 20.

[58:21] In 16, yeah.

[58:22] I might be the same because of the white.

[58:24] Yeah.

[58:25] Very long.

[58:25] This is well.

[58:25] No.

[58:26] I think it's a good one.

[58:29] I had to guess I had to go out my glasses.

[58:34] Maybe 18 or 17 that's 15, 16, 17.

[58:42] Yeah.

[58:45] This is what I could be closed.

[58:46] If you were, if I mean if you can try it, the plan is really

[58:51] kind of on the end of the end of the year.

[58:52] But he used to be, he's an end of the year.

[58:54] He's a DBW Christian now.

[58:56] Who pointed out.

[59:00] The lot does well enough so I could really maybe get into it.

[59:03] It's something that you could sort all day to run either.

[59:06] You could adjustment or modification,

[59:09] or you can come back and search, you can come back.

[59:13] You'd have to advertise correctly,

[59:16] but the one one can make a way to see.

[59:21] I wish you all the same.

[59:23] Yeah, just.

[59:24] Well, is this the answer to the book?

[59:26] You'd have to try to read it.

[59:28] Would I have to make it?

[59:30] Can I ask you a question?

[59:32] But if we don't vote tonight, and it's continued a month, is that going to affect you?

[59:37] Yes.

[59:39] I have a question here with you now, but you want to vote?

[59:42] Now, would I be able to keep it within that?

[59:44] Yes.

[59:45] 18.

[59:46] Exactly.

[59:47] Yeah.

[59:47] I can make that one.

[59:48] I can make that one.

[59:49] So if you advertise 18.5 feet, you have to be with me.

[59:53] Anything outside of that, it's going to be an issue.

[59:56] No, we'll find it.

[1:00:00] Questions?

[1:00:01] Um, from, you know, Jackson, I just want to make sure I do that. I did okay, yeah.

[1:00:07] You sent this, and then the others was fire. Fire department reviewed it and determined

[1:00:12] that fire department access to success.

[1:00:16] Thank you, Madam Secretary. Anyone here would like to speak in favor? You know,

[1:00:21] a nine, anyone who would like to speak in opposition? Need a motion?

[1:00:26] Okay, motion made and seconded on the motion and Mr. Opponent.

[1:00:34] I have no problem with the project. I feel uncomfortable voting with a major question there.

[1:00:42] If he's understanding over the next few days, did he certify that they needed advertising

[1:00:53] then he should be informed that he has to come back next month. Or he could choose to modify that.

[1:00:59] He should modify the plan. He's almost here.

[1:01:03] He's almost here in the stairs.

[1:01:05] What that? I'm not asking to change anything.

[1:01:10] I'm just just wanted to bring it up so I can vote yes on this.

[1:01:15] Is that your vote, Mr. Ackler?

[1:01:17] Yes, it'll be yes.

[1:01:18] Okay, thank you, Mr. Actman. That was the long issue.

[1:01:21] That's in the history of, uh, Zona White, I don't know what it is.

[1:01:26] Mr. Joyce, Chair of O'Jazz, Mr. Varia, Mr. D'Arty, to prove five nothing

[1:01:33] congratulations. Thank you.

[1:01:34] I made a further motion that should be have to come back that the fee be wait.

[1:01:39] Okay, do I hear a second?

[1:01:41] If he has to come back, we'll wait for the fee.

[1:01:45] So, a motion made in second, all those in favour?

[1:01:47] signify by saying aye, the Chair votes aye, motion passes, five nothing.

[1:01:53] Appreciate it.

[1:01:54] Have a good night's aye.

[1:01:55] It needs to be this.

[1:01:57] Okay.

[1:01:57] Case number three, five, five,

[1:01:59] Disuse a five-dot mystery, a variance of Section 440 Attachment 3,

[1:02:04] and a special permit from Section 440-503,

[1:02:07] the zone ordinance will allow the extension.

[1:02:09] We're pre-existing on conformant structure by allowing

[1:02:13] 820 square foot one story edition with a walk-out dog hose having a 4.7 size

[1:02:19] I'd set back instead of 15.

[1:02:27] Raise your hand sir.

[1:02:31] My right hand.

[1:02:36] It's where the testimony of the truth, all truth, all truth, all truth, all truth, all

[1:02:40] how can you guide?

[1:02:42] Name an address for the rocket.

[1:02:43] Thank you.

[1:02:44] Thank you.

[1:02:47] Thank you.

[1:02:55] I'm here as the engineer from North County Group.

[1:02:57] I do not own the house.

[1:03:11] All right.

[1:03:14] So back in 2018, we originally submitted the plan to this board, and we received an approval

[1:03:24] for the expansion of the house, and at that time was presented to the board that my

[1:03:31] client is looking to do a master suite on the back side of the house.

[1:03:37] Unfortunately, my client, the funds ended up being a little tight and I never got constructed.

[1:03:46] So we're looking to come back in front of the board to reactivate the previous approval

[1:03:52] and we're going to look to add the master room on the backside of the house.

[1:03:59] The light's only 66 feet wide when it was created, it's got almost 9900 square feet,

[1:04:06] it's one of the old-time original lights for the downtown area.

[1:04:12] Everything else is stained as there's a two-car garage on the backside, there's a

[1:04:29] The House currently sits at a four point at a seven feet off of the north, west-leave

[1:04:38] whole property line and the expansion of the House and again any closer to that.

[1:04:44] The bulkhead, which is basically almost in the middle of the House right here, is getting

[1:04:50] located to the back of the House over on the northwest corner of the House.

[1:04:58] So, if the board has any questions, I'd be more than happy to answer.

[1:05:04] Mr. Darden, do you have a question about the application?

[1:05:08] No.

[1:05:12] So, there's a current permit right now for the enclosure of the, what used to be the real

[1:05:20] who watch, because that's getting converted over to a kitchen space.

[1:05:26] So there is an act of a building permit for that, and no experiences of where we're

[1:05:30] required for that.

[1:05:33] Mr. Tarrer, any questions?

[1:05:35] Mr. Tarrer, any questions Mr. Joyce?

[1:05:39] This is a three family structure, correct?

[1:05:41] The existing?

[1:05:42] No, only two.

[1:05:44] It looks like a three family, because originally what happened is they used to rent out the

[1:05:51] on the second floor, and the third floor was the bedrooms for the second floor.

[1:05:58] So it's listed as two, and it's still a two-family.

[1:06:06] Thank you Mr. Joyce, Mr. Aquaman. Any questions, comments?

[1:06:11] Mr. Correra?

[1:06:14] Okay.

[1:06:15] Mr. Correra.

[1:06:17] Mr. Correra.

[1:06:18] Mr. Correra.

[1:06:20] Mr. Correra.

[1:06:22] Mr. Correra.

[1:06:23] as a fitness for Human Habitations State Senator Quote Chapter 2 from the city planner.

[1:06:29] They have no comments on the submitter requests from the NGNair, you know what Jackson is.

[1:06:38] From the Water Department, the City Water Services is just in building and what is for

[1:06:42] comments from the conservation.

[1:06:44] There are no conservation uses regarding requests.

[1:06:47] And from the DPW, no objection, and then the fire, if I can get it.

[1:06:56] No comment.

[1:06:58] Thank you, Madam Secretary.

[1:07:01] Is anyone here who would like to speak in favor?

[1:07:04] Anyone who would like to speak in opposition?

[1:07:07] Okay, here are none.

[1:07:15] Motion was made to approve this presenter, need a second.

[1:07:19] Okay, motion made and seconded on the motion, Mr. Dardi.

[1:07:30] 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.

[1:07:43] If there's no other business, motion.

[1:07:48] Motion to adjourn.

[1:07:54] All those in favour?

[1:07:58] We're adjourned. Thank you, everybody. Have a good night.

Zoning Board of Appeals 2026 09 24

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