Zoning Board of Appeals - Regular Meeting

Good evening, ladies and gentlemen. This is the Town of Carver zoning board of appeals meeting for the date of March 5th, 2026. We are in room one at the Carver Town Hall. We have tonight a full complement of five members with us. I will introduce each of them in turn, including our newest member who is attending his first board meeting this evening. Uh to my far left is Anita Doll who comes to us with um a great deal of electrical contracting experience, helps her husband run the business. She is actually the business. So we will uh be eternally grateful if she continues to stay with us for as long as she would like. Next to me is Mark Pyer who for many years was the chairman of the science department at uh Dartmouth High School and uh he comes to us with uh a great deal of technical expertise. To my immediate right is the vice chair, James Bington, who also has an educational background for many years over at Whitman Hansen. And then to my far right is the newest member. His first meeting this evening is James Sullivan who is an owners I'm sorry Joseph Sullivan who was um a Bostonbased owners project manager and he's presented many projects in various communities in our area cities and towns uh both uh planning and zoning project approval. So, we're very happy to have him as a um permanent member of this board.

Yours truly, I'm Steven Gray. I'm an attorney here in town for many years. I keep threatening to retire, but my wife and daughter won't let me. So, I'm going to petition them shortly to see if I can get off the hook finally. But, here we are. This is a a really good board, ladies and gentlemen. And for those folks watching at home, we have um not had much turnover over the years. And most importantly, as I was just explaining to Mr. Sullivan to my right, we have not been reversed by a court of law in 30 years. Not to say that we don't make a little boo boo here and there, but nothing rising to the level of a court having to slap us down and reverse a decision or to send it back for further review. So, we're very proud of that uh record. And um out of a perhaps too much pride, I would like to think that this board is uh not only the most stable but the most professional and the best board in town. I know other boards might disagree, but that's my own opinion and we have a great record. So, I'm going to turn the meeting over to Mr. Bington momentarily, but I would also like to welcome tonight Area 58. They usually are here and recording and we're happy to have them. And uh for anybody who wants to watch, they can do so on I think it's our channel 9 here in town. And uh if you can stand listening to me twice and the rest of the board members twice, you can play back this meeting at your convenience. I think we're live streamed tonight as well. So, I hope everybody has combed their hair and they're dressed appropriately. Not this

guy here, though. He's still wearing his hat. Um, but anyway, I turn the meeting over to Mr. Barington to my right, and he's going to read into the record uh momentarily the first public hearing tonight. But before he does, we need to approve the meeting minutes of January 29th, 2026. our last meeting. Does uh everybody or has everybody had an opportunity to review those minutes? Answer yes. Yes. And does anybody have any changes, amendments, or modifications they'd like to make? No. No. Do I hear a motion?

I'd like to move that the minutes be accepted as written. Do I hear a second? Second. And before we go to vote, just uh as a uh administrative matter, Mr. Sullivan was not with us for that meeting. So he will not be voting. This will be a vote of four. All in favor of accepting these minutes as written. I I.

All opposed? None. So this will be a 40 vote on um accepting those meeting minutes. Now Mr. Barington, our first case tonight is 56-252- zero. R petitioner is Paul Young requesting a special permit pursuant to section 290-2-2.5 letter C or section part C part D also 290-5-2.2 2 AI and finally 290-5-3.3 of the Carver zoning bylaw for property located at 14 Murdoch Street in Carver, Mass. Assessor's map 56 lot 252-0-R so as to construct a front stairway with landing that would increase the nonconforming nature of the home front setback of 50 ft is required in the residential agricultural district. Very good. So is Mr. Paul Young with us tonight? come on up and sit in that middle chair. And I want to commend Mr. Young because he was the first one here this evening and he's ready to rock and roll. I already went

I'm going to turn the meeting over to you, Mr. Young, and ask you to uh give us a little bit of information as to what you would like to do. Okay. Well, just by way of background. Okay. Um we have reviewed all of your paperwork. All right. This board always reviews stuff in advance. So, it's not like we haven't uh understood what it is that you are coming before us. Sure. Sure. All right. But I'd like to hear it from you.

Appreciate that. I appreciate that. I've currently has have a concrete front uh stoop that um we found while we were um doing the siding uh recently that there's a drip edge on it and and it collects and and rots the siding. So I want to replace that. Um but as part of that I wanted to take that opportunity to you know update it with new building techniques and materials tracks particularly. Uh I I recently built a um another uh deck uh on the side of my house uh that looks like that. Okay. And it uses the uh it keeps doing that. Huh. All right. So it looks more like that. Okay. So it has the tracks with the um the you know white.

Is that what you want to do with the new one?

I do. Yes. Yep. And so I'd like to match it. But um the reason for ex asking for the additional width in particular is that um if I were to try to do those 4x4 the 4x4 railing system with the tracks and the little excussions that go at the bottom the the landing would have to be wider wide enough to accept that sleeve and the excutchion and still leave enough room to open the door. Uh if I put it inside the same footprint that would place the 4x4s pretty much in way of the door. Uh, I was told I could put them on the outside, but of course that just abandons the whole purpose of the sleeves and the excutions and things like that that go around the base of the the the columns. So really, um, I was just looking for really just another foot basically wide and and just do a standard 4ft landing um, with using the current building techniques and materials. So, uh, and and to match the other one that I just recently installed, you know, had it all permitted and inspected and things. So, that's the purpose. In fact, when you open my door currently, you have to step back off this landing to down a step to open the door. So, on Halloween, it's a busy Halloween. I'm pushing kids off the stairs every Halloween just to open my door, you know. So, um, just to make it safer and, uh, and you know,

the neighborhood is also on hallway. I grew up. All right. Mr. Young. Yes. Are you done? I am. Okay. Thank you. Ford members. Uh, when did you purchase the house? Uh, originally in '05, I believe. What's the current distance from the house to the street? Uh my I think my couch is about 50 ft from the street. You know, uh the the inspector made a joke that when I get a new couch to call them. So it's and the bottom step to the street. The bottom step I I I don't know the exact um dimensions, but um the the entire porch is within the 50 ft. Okay.

Yeah. In fact, the front of my house is within the 50 ft. Yeah. The distance between your bottom stairs stair and the street is the critical distance. I understand. Okay. I wished I knew that. I would have measured it. I think it was on because we know the distance. We can't give you what you want. Oh, well, how big is the current stair right now? The the inspector had all those dimensions. He came by and he and he looked at it when he when he denied it. Um, it shows 40 ft to the corner. I think he marked up a drawing at one point.

We have your application. Okay. There was the init the initial um denial. See that he in his letter to us, Mr. Young, specified the distance between your bottom stair and the edge of the street. Okay. It didn't you say did not. Okay. He simply says that they're less than the required front setback of 50 ft. Unless we can somehow extrapolate here. Um I don't know. I wasn't aware that you need for the variance. I understand. I wasn't aware that was a required um measurement.

So, can I follow up with another question? So, you you're looking to make the width of the stairs a little wider and the platform 4T 4 ft. So, it would be 4 ft from the existing house right now. Yes. And then the width of it would be around 4 ft. Five 5'8 and a half. Exactly. Okay. That's what we have in the other one as well. So, so I did some math of the information that was given. Uh, the current landing and steps are 52 in wide by 33 deep. The new one is 69x 48. Yes. So, it's a difference of 17 in wide and 15 in closer to the road. Okay.

15 in 15 ft. 15 in. 15 in. So, The current landing in stairs is cited closer than the distance required between that bottom stair and the edge of the street. Is that correct? Yeah, the current the entire stairs live within to actually get closer to the street. Uh by it sounds like 15 in. Yep. I don't know. I don't know if it's 15. Oh, what? What? Whatever. Could I ask another question? quite a so the landing that you're looking to put on the house, could the stairs discharge to the side? Um,

it would it would prevent the encroachment closer to the street. That's why why I'm asking you would get the size of your landing you're looking for, right? I was the way explained it to me is that since the entire thing is within the 50 ft, all of it is of out of compliance. That's the issue that you're into. It's already non-comploying. It's not right. So the swing of the front door is what? 36. 36 in. Yes, sir. The landing has only 33 in of depth. Yes, sir. Yep. Yeah. So, Mr. Porter, anything? No, this point.

So, what are we going to do with this? In order to grant relief specific to your case, we have to have pretty precise measurements. When are you planning on doing this work? Uh, not anytime soon. Uh, I got Yeah, I got to chip away the big concrete thing first and then, you know, obviously wait for the brown ground. Would be a hardship to you if you had to come back for our next meeting with the appropriate measurement. No, sir. No. Mr. Svin, anything? I would continue it until that point. Once you have the measurements, it's just measure from the street to the first step to the first step. Just literally the pavement. Nothing, you know, I don't have to like edge of the pavement.

Yeah. Just straight to the edge of the pavement to the beginning of where that first step is. Okay. Very good. You need to know that. We all need to know that where the existing versus where the where the last where the new one will. Now we have to make this make sure this is compliant with the requirements under chapter 48. Right. Mhm. So how are we going to pitch this when it comes back with a precise measurement if we're going to grant the necessary relief or the requested relief? Soil shape topography. I would say I it's a life safety issue. Yeah,

definitely a safety issue. So, and I would think it would be shape in too. Your front yard, is it flat? Yes. Tobo now. No, no too. And it's not a soil issue. It's a shape issue. You don't have Well, even that is a stretch, right, Mr. Barington?

How are we going to do this once we get this poor man to go back and give us a precise measurement? How are we going to how are we going to do this to satisfy the requirements of chapter 48? That's state law. That's above and beyond our bylaws. The state law says for us to grant you a variance, we have we have to show that there is something unusual about your shape, your topography or the soil, and that because of one or more of these infirmities. It will cause a hardship.

Is it close to your driveway? No. No, we hold on. So, we know that there's a a safety issue. Yes. But that's more along the lines of the hardship argue, right? That you know, unless this happens for you, there could be a problem. It's a safety issue. It would be a hardship if you didn't have it because somebody could fall or hurt themselves. But before we get to hardship, we have to decide what is unique about the property that gives us cover to grant. Mr. Barington, what do you say about that?

Well, the you know, I I saw the pictures of of the front of his house. I googled online and so I had a street view and in my mind I was thinking well if we turn the steps and and you but then you've got to redo the door as to which direction you're coming out of it opens up a whole another can of worms and walkway. Yeah. Right now there isn't really a walkway there. No. There's a step there's some steps I mean some uh pavers access point.

Right. Aren't a lot of the houses in on that street like the same distance off the road? So based just on the topography of the development. So I may be further back than some. My neighbors quite a bit closer. And yeah, he has a whole new house he just built. So I don't know how he did that. Instead of characterizing this as a variance, let's think about it as a request for a special permit. I think that's cleaner. What do you say about that, Mr. Barry? His brow is furrowed. He's thinking

that that that seems to make more sense than going with the variance. Then we don't have to go through all of those other stages of proven. Mr. Svin would say you I would I would agree. Special premise. Way to go. Agreed. This is the I agree. That's good news for you. Okay, good. I I didn't know. I was hoping it was. See, we try to work with people. I appreciate that. But we still need to know the exact though.

Yeah, but we still need to know the exact decent. So, we're not going to vote on this tonight. I don't want to get ahead of the rest of you guys, but Okay. I can't write this. No problem. Until I have, you know, dimensions dimension. And it's a single dimension really, right? Yeah. Just the distance, the one line difference from the edge of the road. Mhm. To the bottom stair. Okay. As it goes, you're going to want two though. You're going to want the existing as currently in place. Then you're going to want the new like. So you're going to take take calculate the stringer. Yeah, you got it. That's the only way you're going to be able to write it up. And literally the bottom of the the stringer right there. Yeah. Sounds sounds good. You're not in any rush to do it.

I may be able to because the way the stair concrete is actually goes the last step's only this high. So it may be that that that last 10 in is going to go away if I because I'm going to set it right on that you know. So I'm going to come back 10 inches right there. So it's not going to be very if it's an inch or two. In the end, you're not going to be asking for very much. Maybe a lot, right? Yeah, it's not a lot at all. Even if that uh Thank you to the building commissioner for putting me through the ringer. You're not doing a cover page on that. Oh, no, no. Just I just want a stoop. Yeah. And what you did on the side is fine. And if you're looking to do the same thing in the front, identical. It's going to improve the look of your property. Absolutely.

Yeah. Well, also it'll stop rotten the front of the house cuz that's the worst. That's what's happening. The concrete is has like a a a leaf catch and a water gutter and it just runs and rots everything out. Okay. So, when we're all done with this, can we go out and take a look? Oh, for sure. Yeah. Bring pizza. You can do whatever you guys want. I got a pool. You want to jump in the pool? Feel free. Whatever it takes, guys. Mr. Barington, he's shy. I don't think he'll jump. All right. All right. Does anyone from the audience have any questions or comments? No, I was going to say that topography in my opinion does apply because the yard is at a level such that he does need stairs,

right? But you moved on to a variance. Moved on from the variance. So, what does this mean for me? Do I I I come back? I do I get notified at the next meeting or do I have to check in with Julie? We'll probably get it. Uh well, you know what? Let's talk about our next meeting now so this guy doesn't have to hang around. Sure. Let's have a sound. We'll get Mr. Barington go through his phone. He's got a very busy schedule.

I'm thinking the uh the end of April. No, that's too far out. Maybe the beginning of April. The 8th. Does it have to be like 30 days? No, it doesn't have to be 30 days. Ap Wednesday, April 8th. This has already been advertised. Okay. How about the 9th? April 9th. No sense, Mr. I have to check my hectic social calendar. Why are you looking in November? Oh, it shouldn't be. The 9th of April is fine.

M. Yes. Mr. Dearington. Looks good. Mr. S. Yep. April 9th. Good for you. Yes, sir. Yeah. Right back here. 6:30. 6:30. Sounds great. Appreciate all you give us those measurements. All right. I don't need any more forms or anything. Just show up. No, there's a pizza form that you should fill out from there. Yeah, I'll bring a coupon or something maybe. All right. Does he need to have to fill out a special permit for you? No. Right. He he applied seeking a special permit in the first place. Oh, so he's fine. Y got you. April 9th, 6:30 right here.

Thank you very much. Good night. See you then. Thanks for your patience. We're going to suspend a moment. Area 58 is one of our members needed to use the facilities. Okay. Do you need to do anything to carry that over or leave it open? Case. No. Continue table. Perfect.

He's in no rush anyway. You got your agenda? Yeah. Everything you did was was for special permit anyways. Yeah, I know. Do you not have an agenda? I have an agenda, but you're going to read the next one. Okay. So, I'm going to remove after you read it. Yep.

He's walking faster now. Lighter.

All right. We move on to the second uh public hearing for the evening. And as with the first, Mr. Bington will regail us with the uh reading of the public notice. Public hearing case 60-6- petitioner buildax LLC requesting a variance pursuant to sections 290-2-2 SB and section 290-5-2.2B 2B of the Carver zoning bylaws for property located at 57 Fostic Road in Carver, Mass. Assessor's map 60, lot 6-0 R so as to construct a 900 square ft accessory dwelling unit in a residential agricultural district. A variance is being requested due to the habitable area of the accessory dwelling unit. It exceeds 50% of the gross floor area of the principal dwelling which consists of 1562 square ft. And at this point I will uh I need to recuse myself from um this part of the meeting. Okay, Mr. Bington.

Yes. Now go over there and sit. I've got something to tell you folks. We now sit as a board of four, which means that whatever decision we make on this case on the merits has to be unanimous. All or nothing. It's all or nothing. Yep.

If one of us decides that we're not comfortable with this petition and vote not to approve, then it goes down. So, I want to give you the opportunity and a few moments if you'd like to think about what I just said and decide whether you want to wait until we have our alternate in place hopefully at our next meeting in beginning of April or whether you want to go forward tonight and take your chances and we will be happy to suspend for a couple minutes so you can discuss. Would you like that? I'm going to ask I'm going to ask the client. Thank you. And the next meeting,

area 58, we will suspend for three minutes. Does that give you enough time? Plenty. April 9th would be the next meeting. Yes, it would.

Did you suck next? You can stand. Yeah. Oh, okay. Okay. That was very fair of you to do that. Cuz some zoning boards don't do that to you. No, they don't. Yeah. As soon as I know there's only four, I request an extension. Do you?

Oh, yeah. Cuz it's only one now. Well, especially with bigger buildings and stuff, I would assume that that would be safer. All it takes is one person not to agree. That's true. Now before you tell me your decision, let me just say this. This is not a simple case like that last one.

Agree. Okay. So I want you to consider your options carefully here. We have your decision. We were not aware that it was a conflict due to some electrical work being done for for one of the members. I wasn't aware of that. Me either. Yeah. And so I appreciate your honesty. So with that in mind, we would like to have a five member board. So we'd like to continue to the ninth. Okay. And you are his council, are you? Uh yes, Mr. Gray. Yep. You are Rob Damroso for the record. Yes. Yeah. And Buzz Artiano from Buildex. And these are the clients here. And this is both of you before. Yeah. Many times.

First of all, uh I'm sorry you had to come in on a nasty night like this. Yeah. And uh we will certainly grant you that request. Thank you. We have an alternate in mind. I don't have a yes from that person yet. Okay. But if we don't by April 9th or close to April 9th, we will let you know. All right. So that you don't make an unnecessary trip in here. But let me ask you this before you say anything else, council. When were you planning on beginning construction if this goes through?

Well, as I said to the and I appreciate the question. So I said just was talking to the clients. Um, so I'm just going to introduce everybody just so I'm not saying clients. So this is uh Dorene here if you raise your hand and uh David, excuse me, Dorene and Daniel, husband and wife. They live next door to the McCarthy's. David and Katie and their daughter Riley. Riley, one of my favorite names. It's true. And you keep talking about her favorite food. So yeah, she loves pizza. pizza. She loves pizza. So the plan the I love pizza.

So the the the reason for the move is the parents live next door, their current cover residence and residents and the parents plan to sell the house that they're currently occupying and build the ADU and move in. As I said before, we're familiar with the proposal. Okay. Read everything. So, uh, to answer your question, uh, obviously we'd like to get going, but, you know, we respect it. You know, the fourth, you know, I didn't understand there was a conflict and I appreciate the honesty and we're fine carrying over to the 9th. Hopefully, you can find an alternate in that time frame. We will let you know if we cannot. Yeah.

In the meantime, I have a miniature alternate that can come up here and sit next to me if she would like. Riley, do you want to come and sit here? Do you want to sit?

Well, she's the star of the evening. She is. Um, council, I'm sorry I had to come. It's okay. If I had known this and I did not, um, then we certainly would have put you on notice. Yeah, understood. Yep. But, uh, could I ask you a quick Sometimes Mr. Barington, he's very busy. He works out a lot in the gym. He has a very busy life in retirement. He's a nice guy. Yeah. Mrs. Alton is their residence to the left or the right of the

looking at the where the ADU would be. They live to the right. The parents. So, let's continue this to April 9th to give them the opportunity to appear in front of a full board and I will work to get a yes from the person I have in mind for our alternate. Okay. Thank you very much. Have a great night. Now, that's okay. I get it. I've sat on many boards. I get it. And you're busy and you know a lot of people, you know, get conflicted over

and she does good work. Good night everybody. Good night. Thank you. Drive home carefully. Nice family. Yeah. Yes. Thank you, council. What kind of house does the parents live in now? I don't know. Okay. Now we move on to the next matter. which is to discuss any correspondence or new business that anybody would like to bring up. We know that Mr. Sullivan is new tonight and again I'm very grateful to have you with us.

Thank you. Does anyone else have anything they would like to say? No. No. Okay. Nope. Does anybody have a motion they'd like to make at this time? Move that we Is that what I'm voting for? Oh, didn't I screw this up last night? To adjourn. Ajourn. Whose motion is it? I move that we adjourn the meeting. I will second that. All in favor? I. Good night, Carver.