Zoning Board of Appeals - Regular Meeting

open. Okay. Thank you. You are the back. Good evening. This is the zoning board of appeals. Um it is uh Thursday, March 20th n uh 2025. Happy spring everybody. This is the first day of spring. Yeah. Um we have a full board tonight where four of us in the room and one of us is on Zoom and I think that there was a Do you want your burger now or are you on camera? Link to anybody who might have who might wanted to attend the meeting on Zoom. Um we had a hearing last month for a sideline setback on a garage building. Correct. And I was absent. So, Cheryl chaired the the hearing. So, I'm going to stand aside and let Cheryl continue with that hearing. I don't see the applicant in the room and want to be sure that they got notice and that they know they're supposed to be here. They were continued till 7:10. Okay. So, I I sus I I assume they'll be here. They have submitted a redesign. Did everyone get the redesign and saw the the redesign? Um, can we do minutes first? Certainly. We have draft amends ahead. I have a couple minor changes. Um on the first page, Luc L Lucia, it's Lucia, isn't it? Did I pronounce it right? Lucia, would you please look at the third paragraph where it says starts with applicant introduced his petition. There's an existing 20 by 20. And then replace with new larger. And it was the one that they were asking about is 26x 26. 26 by 28. I looked at the same thing to make it consistent and check the plan. Okay. 28 by 26. Um, and then on the second page, a lot of discussion happened, but

I'm not sure we need every bit of the discussion in there. and um talking the fact that it has to be reviewed by the board of health isn't really part of our purview and I'm not sure should be part of our minutes. Oh, it was discussed. I can't see any harm in leaving it. I don't want to step on the board of health's toes and say we're we're telling them what to do. Well, we didn't. All right. So, we'll leave it. That's fine. it. It's you being quoted anyway. Uh other than that, I'm okay with everything. Anyone else have changes? I have one more on the first page. Second paragraph under 7:14 that starts with vice chair. On the second line, I think he opened the hearing, not opened the meeting at 7:16. Okay, that's true. We were waiting for John and didn't get him. That's a good approved the minutes as amending. Hi. Can you hear me? Yep. Yep, we can. Welcome. You look You look nice and warm. It is nice and warm. Glad to have you joining us. Um, so can I get a motion to do approve? You made the motion? Yes. You want to second it? I'll second it. All those in favor? I. All those field I I don't think you can Oh, yeah. You can vote cuz you will hear. You Mullen didn't. Okay. No, he was. He was He wasn't here. Nobody Mullen did. Mullen means you reviewed the tapes. You reviewed the tapes. So, everyone can vote. I reviewed all the information from the last hearing. Perfect. Thank you so much for doing that. So, with a Zoom meeting, we roll

call vote. So, John Field, John, Johnfield, I Brad Stewart, I Sher Gold, I Cheryl Cowie, I John S. I And John, I just uh ask you when you Mullen in, did you sign electronically that Mullen form? Thank you. For those Okay. Did it help to get the link? Yes, very much so. Thank you very much. You didn't have it. And I thought you did a good job chairing cuz I watched the minutes. I watched the hearing. Well, we'll wait. We have a few more minutes before our applicant is due to be here. And we certainly want to welcome back our chair. Thank you. We missed you being here. I had surgery a month ago, so I appreciate everyone's covering for me and all of your indulgence. Um, yeah. And so she uh I do believe we need a mute on you, John Field. No, it's the TV back there. Oh, okay. Yeah, we need to mute that TV. Oh, cuz we're 30 30 seconds delay. Yeah. Okay. Do we have any uh info to discuss? Any things things about town, happenings about town? That's okay. We have an election coming up. A town election coming up. Um papers are due back in I don't know when now or close to now. Close to now. Close to now. Um we only have one contested race at this point. What is that? Candidates night is scheduled for April 16th. The contested race is um for Littleton Light and Water. There's either four applicants for two spots or there's three applicants for two spots. There was a question. I can't remember when that was last contested.

It's been contested every year for the past several years cuz my husband's been running. Oh, I always thought it was just the same three kept getting reelected. I thought it was five. There five in it there. No. Um there is a board of five, but there are two openings. Um two people up for reelection. Okay. And there are four either three or four people trying to get to two spots to contesting for two spots. Um and so candidates nights will be right here in this room April 16th at 7 p.m. I can say that. And town meetings coming up May 10th. Is it? I believe it's May 10th or 6th. Tuesday. Tuesday May 6th. Is that Do I have the right date? I don't even know. Look it up. I did not bring my phone, but I'm wondering if we should call the applicant and make sure that they're on their way. Do we have a phone number for them on the application? Yes. 978 618 71 618 7195 978 Yeah. Okay. 978 618 711 [Music] 95 say that out loud.

Oh, I think I'm working just following you. Um, how are you? I'm well. How are you? Good, thanks. [Applause] You are Jessie Bull. Jesse Hoo. Yes. Okay. You're gonna reopen. [Music] Um, time being 712. I'm opening case number 25-973 for three Snow Drive. The petitioner, Jesse Hoo, seeks a variance pursuant to 10 173-10A um a special permit and a special permit due to 173-10A4 for the reconstruction of his garage. This is a minor point. That clock is off. We have to start at 709. Oh, that's why we're thinking you're late. That clock's 5 minutes fast. It is. Yeah. We are not supposed to start for another minute. Well, too late. You already started. Am I the only one on the agenda? Yes, you are. You are. And we have a quorum just for you. Now it's 7:10. Okay. I'm sorry. I blanked on for a second. I think I'm getting old. It's now 7:10. We can have a discussion. We have a quorum for you today and we have our our Florida member joining us by Zoom. All right. And we received your your changes. Would you like to go over them for us? Sure. Uh, was everyone briefed on the prior meeting or should they start? They have the two members that were not were not um present have watched the video. Been read in. Okay. Okay. Yeah. So, I think last time we there was a little bit concern of the the um the

build the new structure being too close to the property line. Um, so I I decided to uh reduce the width by 2 feet to a 24 uh width garage. Um, so the new um uh space between the the garage and the property line is 5 1/2 ft. Um, so yeah, I guess I'll pause there. The discussion that we had last week was the roof line was only 2 and 1/2 ft from the property line. The building itself was 3 and 1/2 ft. And we talked about the fact that um maintenance and being able to physically build without going on your neighbors property, being able to re- roof a property, being able to do all the things that they need to do. And we suggested that we would look much more favorably at this if it was set back a little bit further. And so he has made that move. Does are is that all you want to present? Uh yeah, just the the reason for you know expanding it is just to make it a kind of more normal size garage to fit the cars in there easily open the doors and and such. So the the current garage is um I believe it's around 20 ft in width. So it's a little bit small for the two cars that we have in there right now. We have no gors in here this time. Um does the board have any questions? Um, you didn't snug it closer to the house in any way. Is there a reason for that? Yeah, I didn't want to move it over any towards the house cuz then it's like getting behind the house. So, it's really that was kind of an option I had to shift the whole thing over a couple feet and we decided we didn't want to move it over um any further. And I heard the members say 24 is plenty. Is that plenty John Sul for two cars side by side? Big car's 24. plenty of room. A

standard garage is 24 by 24. And the other thing I would say to you is it looks like some parts of the uh violation to setback requires a variance. And in a variance, you have to establish that your lot is unique and that your reasons for it are due to hardship uh and owing to the soil shape or topography. And I did hear that on the Mullen uh when I mullened in and I reviewed the tape. But I think we have to uh call it out when we do our deliberations. So whoever wants to raise the reasons you think those three elements are present, we should do that. Well, well, I mean obviously if you look at the plans, they can't go any further back into the lot because there's a a wetlands line. Can I come back? There's the septic system in the front that takes up the whole front of the house and there's really not room on the side to put a garage and still be not hit the house itself and have any more clearance from the sidewalk. So, it's really kind of stuck in the only spot will fit. And you said not back because of why you see that little dashed line running across just beyond the garage? That's wetland line. Okay. Okay. And the neighbors are all in support. Yeah, there two neighbors were here last time and they both approved. They were happy with what it was before. Now it's even better. So we pretty That was the neighbor from here. Both of them were the neighbor from here. But I talked to this neighbor also, Mike Ley, and he's perfectly happy content with it being back there. Madam Chair, I make a motion to close the hearing. If we have a second second. All those in favor? I. Uh John Field. John. Roll call vote to close the hearing.

I John Field. Rod Stewart. I Cheryl G. I. Cheryl Cowie. I John S. I although it's unanimous. Okay. and then deliberations. So that means we're not going to ask you any more questions. We just have to discuss it. You enjoy the 28 ft deep. That's what ours we put in. It's nice storage beyond the cars. It's great. Oh, he's also got a staircase back there. Oh, you do? Yeah. Oh, that cuts into some of it. That helps. Um I'm perfectly happy with a 5 and 1/2t set back from a roof line. And I think No, it's four and a half from the roof line. Four and a half from five and a half. I think that having gone over there, having peered up his driveway, having look talked to the neighbors, I think that this will not be detrimental to the neighborhood or future neighbors. Um, I wanted to say that I thought your presentation last month was very well done and you were well prepared and I'm uh happy that you listened to the board and slid it over a little bit. It makes it easier, makes our job easier when everyone cooperates. The one issue the neighbors were concerned about is drainage. And I assume you're going to pipe it down into the ground and then and a method to control that. We're actually going to raise the the grade of it um so that water would actually flow out the driveway to the street. Okay. And get and get the shed get the roof line accumulate the roof line shed that way. Yeah. Okay. Gutters help. Yeah. Okay. All right. And madam chair, they asked for the either or variance or special permit. I think we should just vote it as a variance. I think we have to dimensional setback. So I would make a motion that we uh allow the variance for the garage substantially as shown on the plan submitted by summit surveying with this

application um using the most recent date with the renovate with the 228. Thank you. with the uh changes of 22825 and um I don't see that we need to put any conditions on it. You gave him two stories. You gave him the sink and uh toilet if he gets we decide that wasn't in our purview because well if he gets approval by the board he can do that. Yeah. Okay. So that's I don't think we need conditions. So that's my motion to allow not to be closer than 4 and 1/2 ft. Well substantially shown on the plan. Okay. Anyone want to second that? I'll second. All those in favor? John. John Field. I John S. I and Cheryl Kelly holding her eye. That was easy. You're all set. You're done. You're approved. As strong as many as amended. Thank you for making the changes. Yeah. Thank you for your consideration. Appreciate it. No, you have the you you can't start right away because the somebody could comp complain and might have you know they can't at risk but you can't risk you can you can start right away you once the decision's written I I don't think they can start variance right away you can take your chances on a special permit but I don't think the well the building shouldn't give a permit yeah you need a building permit you can get a building permit on a variance John yeah you And okay then be recorded would be after the 20day. Yeah. So she's going to write the decision. She does it promptly. She'll get it recorded. I'll do my best to do it promptly and then then you then you build a full building permit and you should be all set. We we waffle about it because someone could appeal it. Okay. And I don't think you're going to run

into that. But if they appeal it, then you're at risk. Okay. So wait for the official permit. Is that Yeah. Yeah. Don't start work till you have a building permit. They wouldn't do that, would you? Right. Right. Um you could wait for the appeal period if you wanted to to discuss it with Henry, but you were your neighbors have already been so supportive. Okay. They're the only ones affected. Okay. So, I can just um coordinate with Lucia and Henry on next steps. Yes. Okay. All right. We'll do. All right. Thank you very much. Thank you for coming back in. Thank you for for being understanding of everything. Yeah. glad it, you know, worked out. There was just enough room. So, thanks a lot. Take care. That being the only case in front of the board, I would um accept a motion unless there's anything else we want to discuss. I would accept a motion to end the meeting. make a motion. Hey, um, now isn't the time, but I think we I I'm unclear as to why that was a variance and not a special permit, but that's that's a different day's discussion. I thought it needed to be a variance because it substantially increases I mean, it's when to be putting adding a second floor as well as increasing the size and the setback. It's a it's a substantial change. And when you increase a nonconformity by that substantial a change it you know that's not the that's not 48 John we've practiced we've practiced here that if it's more of it or if it's closer it it's creating a new setback if it's closer than the existing was that's just the way we've practiced here and I think it's especially sensitive live down at the lake area and

snow drive is another good example where the houses are so close together that we feel it needs a little more than the special permit criteria to justify it that's all maybe you know maybe we're stretching it a little but we've always done that here given the neighbors the benefit of the right of coming in and letting us know what they need and want sure you know like I said different t different discussion but yeah Okay. Um, thank you for uh accommodating me here. Thank you for joining us. Can we close the meeting so I can ask how your father is when we're closed? I move. Oh, you can say hello if you want. Oh, is he there? All All those in favor of Wait a minute. All those in favor of You need a second. We had a second. Second. It's been second. All those in favor of adjourning, I I I John Field. Hi. Now, can I say hi to Freddy? Hit the switch. Switch first. No, I can't see. Yeah. Wait a minute.