Zoning Board of Appeals - Regular Meeting
About this meeting
- Government Body
- Zoning Board of Appeals
- Meeting Type
- Zoning Board Of Appeals
- Location
- Littleton, MA
- Meeting Date
- June 12, 2025
Transcript
27 sections
Switch switcher here. Uh, good evening everyone. 50 second delayed. No, he said that's delayed. The the TV is not. Oh, okay. Um, this is the Littleton Zoning Board of Appeals. It's June 12th, 2025. We're at 37 Shadic Street, Littleton, Mass. at 7:00 p.m. I'm going to call to order the um uh June meeting of the Littleton Zoning Board of Appeals. We have some exciting news. We finally have an newly appointed alternate who's sworn in and taken his seat. And this is David Outman, everyone. David David is uh is going to be designated to be the voting alternate for the first hearing at least because that will make us five out of five. This is John Su, Sher Gould, Cheryl Cowie Hollinger, and Rod Stewart. We are um going to do administrative business first and when we open the first hearing, I'll give you a little background on where to find the materials and what we're going to be reviewing. Okay. So, the first item on the agenda is a review of the minutes. I think it's a meeting that I wasn't here at, but I was at the continuation hearing and I've reviewed I mean it's a from the continuation, right? But I wasn't at the meeting that opened it and Cheryl shared. So, I'm going to let Cheryl lead uh the discussion of approval of minutes. Just give me four and a half seconds. I just have one grammatical change. I would add under deliberations, Cheryl Kelly indicated that she believes the 4 and 1/2t set back from the roof line is reasonable, will not be detrimental to future neighbors.
[Applause] And then she raised the neighbor's concern about drainage and asked if it would be piped underground to control it. Mr. Hull replied they would raise the grade so the water could flow would flow to the street. I don't really like that sentence. It's not a grammatical change. I just don't like that sentence. I don't think it any land owner has a right to divert water from their land into the public way. So I just don't like that sentence in there. I'm not sure we relied on it for our vote. So I think it should just say so Mr. Mr. H replied that they control they would they would raise the grade for better water flow. How's that? Okay. Thank you. Uh and the grammatical change is just on page one. Um, it's actually on the full lines of the second paragraph under 7:09 p.m. Three lines up where it says building was 3 and 1/2 ft from the property line semicolon. Maintenance and building would be impossible without going on the neighbor's property. I think it should have said maintenance of the building would be impossible without going. The discussion at the previous meeting was the roof line was only 2 and 1 half ft from the property line and the building was only make which would make where do you want to what do you want to add after the semicolon 3 and 1/2 ft from the property line semicolon maintenance of the building would be impossible without going on the neighbor's property there is a semicolon there after the semicolon maintenance of the building not yeah that makes sense Okay. And the board would look more favorably on the petition if the grad was set back
further. Okay. And so those are the only generals I have. Okay. So I so mine are under the deliberations. Callie Holland indicated that she believes the 4 and 1/2t set back on the roof is reasonable. And then um she raised the neighbor's concern about drainage and Mr. Hull replied that they would raise the grade for better water flow. Right. Okay. All right. So Lucia watches this and gets it all right. Yeah. Thank you, Luchia. Lucia. Lucia. I think it's Lucia. Lucia. Thank you. Sure. I'll move minutes. I'll second. Um moved by John Su to approve the minutes as amended tonight and seconded by Rod Stewart. All those in favor say I. I. I. You can. Voting member. I. Thank you. You need a name tag for him? Yep. [Music] Okay. Okay, the next item on the agenda is member comments. Uh, member comments. Usually, we just talk about what's going on in the neighborhood. Anything happening? Why are they putting up a dunk tank at Fay Park tonight? My 12-year-old wants to know. I want to know, too. I go behind the big tent and there's dunk tank. I said it looked like a private wedding. And he says, "Not with the dunk tank. It does." Yeah. It could be kind of different type of wedding. I don't know. We're gearing up for Apple Man. It's on July 20th. Good to know. That's a little early to put it up though. I mother nature. Yeah. Um that it mail received by the board. We don't have any that I know of
tonight. We do have um to vote tonight for designating approval of invoices. In the past, I think we've designated myself. I thought it was the secretary. They always come to me and I just sign them electronically. But I would suggest that we vote myself, vice chair and secretary, all three of us. And that way if any one of us is out of town or unavailable or hard to reach or having surgery, we have alternates. So I would ask the board to make a motion that we approve three people as designated sign invoices. Rod just made the motion. Rod made the motion. I guess I have to second the motion. Very good. All those in favor signify by saying I. I. And a copy of that vote is to be sent as soon as possible to I think it was um Diane. No, I think it came from one of the admins up there. Okay. Members to sign invoices would be Sherry, Cheryl, and John. and um moved by Rod and seconded by Dave. Okay, [Music] we got wait about two more minutes. Um we were going to access we're going to discuss the accessory dwelling unit zoning bylaw and the amendment under chapter 48. I haven't seen yet whether the building inspector and the planning board are approving the accessory dwelling bylaw that was just voted in by uh state legislation, but it was very clear. I reviewed the state legislation. I think we had it before us for review last
meeting. Isn't it pretty much the same as what we already passed in town? It's it's very similar to what we already passed. I think the square footage might be different. And is ours more liberal? No, I think ours is more restrictive and I think ours is a little bit more controlled by the septic uh requirements in Littleton. So, I think we're a little more restrictive, but basically the accessory dwelling by law hasn't presented a huge problem. The one problem that that exists and it may come here as a application though I haven't seen it yet is there are units that exceed the dwelling size limitations um that might make sense and we need to probably consider those maybe under variance or one at a time. So, for instance, someone might have a barn or a garage or already an L-shaped property where the accessory dwelling could be in one of those units that's already on the property and and in existence, but it would exceed the square footage. So, we don't have it in front of us. It's not something we can talk about. I just want to put that in your Well, we should because I know we do have such a thing coming in front of us. Not yet. We can't do it till we open the thing. But the what we what we got emailed and sent to us is not the accessory. I know. I think a mistake. If you go online, you can find the right one. Yeah. I can do it. I can find it here. I was thinking, okay, I'm going to write I, you know, reread through it. I read through it before and it's like, n go to mass.gov and type in accessory drilling unit. They have a nice little print out. So, we'll cross that bridge when we come to it. We probably will have a print out with us uh appended to the 2018 version of the zoning bylaw book we all carry and we'll put the accessory dwelling bylaw from the state inside of it and start working within it.
Um and that probably brings us close enough to 710 to open it. You think it's actually 7-Eleven? Okay. So, does somebody want to read the public hearing notice? John, you want to do that? 710. Sir, case 25-974 Dogwood Road 15 15. Sorry, you want me to read it? The intent seeks a variance pursuant to 173-10B to extend the dimensions of bedroom and create a non new nonconformity such as other business m or other business may come before us. Thank you. Um we're going to open the hearing. I do want to make some comments. First of all, I'm going to designate again Daveman uh our newest alternate member as a voting member for this case. Second of all, I want to direct everyone's attention to what we review and how we do it. So, the first order of business is the way we review special permits and variances in this board is we ask the applicant to come up and present their case hopefully with pictures and drawings and everything. We listen to the whole presentation. When the applicant is finished, the board members are invited to ask any questions they want to. applicant can reply to them and then when that's all done then we will ask any abutters to speak out if we receive letters for or against and they will they will be read into the record people take the time to write them so I'd like them read in to the record fully and the case before you is a request for you'll see it's a request for a variance pursuant to 17310B Littleton has a zoning bylaw that says change, extension or alteration of a pre-existing nonconformity is done by a special permit.
We have taken the position on this board that if that change, extension or alteration is creating any new nonconformities or increasing the nonconformity that's already in existence, then we ask for the applicant to reach the variance threshold. The difference is that a special permit is easily granted. Um they just have to show that it's not substantially detrimental to the neighborhood and usually that threshold can be accomplished on a variance. They have to show that owing to conditions of soil shape or topography of the lot that makes this lot unique from other lots. have an excuse to vary the requirements of the zoning bylaw and also that that variation will not be substantially more detrimental to the to the neighborhood at large and that it will be in keeping with the intent and purpose of the zoning bylaw. So when they present the case, you'll be looking for the criteria for variance in this case because I believe they are asking to increase the sideline setback on this one. Maybe even the front. I haven't I've forgotten already, but we're looking for variance criteria. You should also know that I've taken the the position that every applicant, whether they're seeking a special permit or a variance, should always request both special permit and variance for the reason that if it gets advertised and published as a special permit, neighbors might not come out. And then if they're in front of us and we say, "Oh no, this is a variance." They would have to go back and repost and renotice because the neighbors weren't alerted that it was going to be a variance criteria. So I always tell applicants, apply for both. If you don't need the variance, we won't push you to that limit, but at least you won't have to go home and start all over again. Okay. So 10B now in the zoning bylaw
that they reference is the bylaw that says you can alter a non-conforming structure with respect to existing nonconformities and there are certain criteria. If there's no substantial increase, the building inspector can do it. They apparently went to the building inspector and he said, "No, there's a substantial increase. You have to go before the ZVA." So that's what they're doing here. Now you are welcome to all come forward or your presenter can come forward. You can pull up a chair or use the existing chair table and chair there for you and tell us your argument. Maybe you should come with another chair. He knows the technical stuff. Who's he? Oh, sorry. I'm the first thing on the list is to introduce ourselves. So that's here. See introduction. There you go. So I'm David Pelier. I'm the contractor. And I'm Jan Gabriel Callahan and I'm the applicant. And this is my husband, Donna O' Callahan behind us. Hi, Don. So, I think I know your wife and not you. Welcome. Wow. All these years. That's amazing. You'd be hard not to know in town. What? You'd be hard not to. Yes. Oh, boy. Have to find out about that later. No, it's all good. Okay. So, um, in terms of pictures, which I think you have in your folder, um, I think the diagram of the existing layout. I'm not sure. If you don't, we can pass this around. It's kind of the last page. There was elevations and then right before that was the plot plan. I have the plot plan. Yeah, I think the plot plan shows uh great area of existing and then the and the proposed. I have this this is the existing I don't know if you want to pass that around existing layout. I I didn't realize you all would I thought
you'll have it so you can Yeah, this just I just printed out around. So I think a separation this makes more sense actually. It's easier. Okay. So let me take it away. Sorry. This because you show it on here. You asked me to do this. You show it on here. You show the addition. You've even it's even highlighted proposed 12 by 20 edition. But that says 25. Better finish. No, this is the this this is this is upstairs. current upstairs. Oh, I see. That's the current upstairs. That makes more sense. Thank you. So, should I go ahead and Okay. So, we're applying for this variance primarily for medical um and safety reasons. And that is that um I have no cartilage in my knees. So, going up and down the stairs is difficult and also feels unsafe at times. um because if I'm unsteady on the stairs and I could fall. So the ma the main issue is that for medical reasons we really need to have a usable bedroom on the first floor. And then also my husband um more recently has had some balance issues. You don't know about this yet. And um last month he fell and actually cracked a couple of ribs. So sorry. We we very much would like to be able to stay in our home. We've lived there. We've lived in Littleton for 38 years, which is longer than um we've lived anywhere and we're very attached to our community and our neighbors and our neighborhood. And I think you saw that our neighbors all submitted letters of support. Um, and I guess I'm more famous than I knew according to what you said, but we're very, very connected and attached and we would really hate to
have to move just so that we would be safe in our home and that would be very difficult and also heartbreaking. So, we have a mudroom on the side of the house that is currently in disrepair. So, we want to take that down and then we want to extend the two rooms that are um would be next to where the mudroom is now. And that would enable us to have a first floor bedroom that we could actually use um to be our main bedroom. Anything else? I think that's, you know, that's basically it. That's um before your presentation finishes, I'm going to ask you to walk us through the nonconformities. Okay. The size of your lot, you show us how how big it's on your plan. 6,000 square ft. The lot. Oh, the B plan. We have that. It's the one you've been referencing with the addition shown on it. It says right on it. This the one with the proposed edition. I need you to walk through. Yeah, you have right here. Dave. Okay. So, the size of the lot is non-conforming. Dave, how big is it? How big is it? Yeah, it is. 6,000 square ft. Okay. And then the frontage, is that nonconforming? Can you see what the frontage is? Across the front is 60 ft. Thank you. the current setback on the little L shape there that you call a disrepired mud room. Do you know what that setback is currently? That's not on here, but it's set back further than the front of the house from the sideline. I mean, oh, from the side. From the sideline
because I think that's a nonconformity, too. It's 29.3. Okay. What's on the other one? Currently, it's 29.3 from the sideline. Yes. Okay. And 29.4. 29.4 from the side. Yes. And they're building that that doesn't make sense because the 12 kick the 12 deep business. They're kicking. They're getting rid of this. Oh, but I mean the ex the existing the existing setback is what? That's what they said. That would that would be a Excuse me. One at a time. Rod, what do you think it's set back now? 29. Um, it's Well, the house, but not the mud room. What's that say? Just the mud room. Yeah. Is uh You're saying it's still the whole house? 20 20. It can't be over 20 ft because it's they're going um three and a half and it's you takes half of the 12 is six. It's like about about 10. That's what I was going to say. Yeah, looks like they're going down to five and a half, right? But I mean the existing setback for the mudroom is what? If it's under 10, then it's a nonconformity. Looked to me 11.2 ft. Okay, that's what it looked to me like it was 10. That's also what the letter from. From the abuter says 11.2. Yeah, I'm sorry. I was reading the wrong number. I was reading the number to the whole house. Okay. 11. So the side setback is violated now because it's I'm here telling me to go. Sorry about that. I'm sorry. I was looking this the 29 ft is to the entire house. Okay. Okay. Well, the big thing is that the mudroom's 11 ft and what supposed to be 15. So, it's a non-conformity, right? And the front is fairly consistent with the abutters, so I don't think that's a problem. And the rear looks like plenty. And the other side looks like plenty. So, those to me are the existing uh setback violations and the way that
the lot is non-conforming. Now your proposal is going to bring uh bring the addition uh to 5.5 55 and 56 proposed. Okay. And the other thing I want to ask you is what is the situation going on on the lot that makes it impossible to not violate the setbacks? Like why can't you put the room on the back or where is your elevation change? Where is your septic system? So the septic system's in the back. Okay. Yeah. So there's no room to put it back there. And then the left side I don't think I think we have less space on the left side. Plus there's a shed there also. Yeah. And by the way that shed should be 10 ft off the property line too. So the drive to ask questions. Yeah. One second. I want to be sure they're done then. Yes. Um set back left side is low too. Okay. But the only the only v the only dimensional variance you're seeking is to move the side set back on the right side from what's now 11 to 55. Another reason too is on the left side of the house is the living room. the right side. There's actually like a small bedroom in the front of the house that we're going to use sort of as an entrance way into into the new bedroom. Can you also tell me what the size of the first floor of the house is? Cuz I think that's re the whole first floor or that room. The whole first floor. It looks small to me. Yeah, it is. I think it's like 9 to 1200 square ft. I don't even think it's that much less than that. It's it's it's like 800 something square feet.
Okay. I have I might actually have that on my uh elevation plans. Okay. So now that's your presentation. Now I will open it up to board members. And it sounded like Cheryl was first. The dirt driveway on the right's not on your property. Onethird is on our property and 2/3 is not. It's been like that for over 40 years. I'm just curious. 50 years. Um, the addition single story or two story? Single. Single story. Right. Okay. That's that's the end of my questions. B, start over on your end. Okay. Um, the the lot to the right, is that owned by the house that's to the right? Yes. So, it's not a buildable lot. Correct. Okay. And then and and I spoke with my neighbor and he was totally supportive. Yeah. Well, the fact that the house is so far away makes this less of less of an issue. Yeah, exactly. And I had the same question. Who was parking in that door driveway? And um chair, just as a question point of interest, we're listing all nonconformities. The sheds and nonconformity. Should that be listed? Yes. Thank you. Thank you for calling that out. Nobody does anything about that. It just has to be listed as our our justification for variance. You have I lied. I have another question. You have a retaining wall with it drops off very sharply in the back. Is the septic system in there? Yes, we have a new septic that was installed I think two years ago. Okay. How how are you going to fit this in with the retaining wall? Will it stop short of the retaining wall? It does. Okay. I'll let Dave answer. Thank you. So, you're done? Not getting into that. Okay, good. Um, John. So, no, I I like Rod said, I went
looked at property and I, you know, I I noticed that where we're building to is, you know, there's nothing there other than I think the neighbor septic field, right? Yeah. And I did also notice the driveway appear not to be on your property. Now, drawing close. It's been there forever, so no one probably cares. Yeah. Um, and you know, it seems to me that that is the only location for the for this edition. The ex the septic system is in the back. You can't put in the front. The other side's even shorter. So, house is tiny. It is tiny house. I was My garage is bigger. Don't judge. David, hey, we raised two kids in that house and they both turned out okay. So, that's very well. No questions. Just appreciation. Just appreciation. appreciation for your longstanding community service in this town as well. But that's not going to drive my decision. Come on. You want me to read letters in? Yeah, let's read some letters and why don't you take two and then we'll go around the room. Okay. Two of them may concern. I'm writing to share my support for the variance request submitted to you by my neighbors Janice Huber Okalahan and Donald Okala. Can I say that right? Yep. To expand their first floor bedroom to allow for a usable bedroom on the first floor. I understand the proposed renovation will entail removing the current mudroom that is in disrepair and replacing it with another structure. This will be a great benefit to our neighbors who will then be able to remain in their home as they age, which I strongly support. Who is it from, please? Oh, I'm sorry. My apologies. Brian McKenna McKenna. What's his address? And he's at seven Dogwood. He's the neighbor on the right side. the one who the one who owns twothirds of the driveway. Right. So he's the one most affected. He's the one that's most affected. Correct. So the next letter is I'm writing to make concern. I'm writing to share my support for the variance request submitted to you by my neighbors Janice Huber Okalahan and Donald O' Calahan to expand their first floor
bedroom to allow for a usable bedroom on the first floor. I understand the proposed renovation will tail removing the current mudroom that is in disrepair repair and replacing it with another structure. This will be a great benefit to our neighbors who will be then be able to remain in the home as they age, which I strongly support. And this is from Lisa G. Oh, I don't know how to say the same. I just told Lisa across the street 12 Dogwood across the street. Did you give them a sample letter? Let me let me pass it on. And you can just actually you can do the rest saying it's the same letter. Well, no, there's a there's a little bit of um There was a couple wood. There was one from Eliza Woodberry and that's and it's exactly the same. 10 Dogwood. 10 Dogwood. Then there's one um from Julianne Hotenza. Yeah. At 10 A Anderson. And Oh, no. They are all the same. It's the other ones that just have buried them. Um, sounds like the neighbors like them. Yes. Lori Ericson of 8 Emerson Drive. Yep. Nice to have you. Great neighbors. We love my neighbors. You must be a good neighbor, too. You must be a good neighbor, too, or they wouldn't be so great. Okay. And now I'll ask if there's any butters in attendance or anybody in the community in attendance in the room that would like to speak for or against this applicant. hearing. None. I'm going to move on to um a motion to close the hearing. I make a motion to close the hearing. Second. Second. All those in favor? I I I. So that was That means you're done. And then we have to deliberate for a few few minutes. Just stay right there. Okay. But we can't ask you any more questions. All right. Go. We've never done that before.
Okay. Should we open the other hearing first? I'm going to start at David's side this time. David, do you have comments do you want to make about this? Uh, no. I appreciate the material presented um proposal presented. I after review and consideration to me feel like uh as John mentioned, it looks like that's the location given the size of the lot, shape of the house, and um I'm in favor of So approving uh calling out the justification for the variance if you will please we have to come to an agreement by the board that they've given us sufficient facts to justify the variance that means you're satisfied that the shape and topography of the lot is unique that the limitations on anywhere else to put this is apparent and that it would be a hardship not to grant it. I am satisfied. Thank you John. So, I also agree like I went and looked at it and this is the right spot for the for this addition. Um, they have, you know, the the lot is so small and the septic system, there's no other place to put it and they have a compelling reason for wanting one. So, no problem with it. Thank you. I agree with my two previous members. This lot is is tight. There is no reasonable place to put an addition. The need is apparent. The house is small. It's a one-story addition. It makes sense and there's a need and Rod. Okay. I agree with those two. And one of the things we are always concerned with is impacting the neighbors. But given that there's a lot of trees there and a very large yard to the next house, that should not be an issue. And we have a letter from that particular neighbor.
Um, I agree with all of you. I also tend to be sensitive in that neighborhood of taking anyone's view because everybody is excited to be near the lake and to have at least a view, if not access. And there was nobody I saw that would be impacted by this addition. So, what I would like to do is ask for a motion. Board, I move that we accept this. Rod moves it. No, John. Sorry. I know you, John. You can call me Rod if you want. Okay. Easy. S moved it. And who second it? I think Rod did. No, but I will. Okay. Cuz I had you seconded before you asked. I was giving you a chance. Okay. All those in favor signify by saying I. I I opposed. None. Hearing no opposition. You have it. Now, this is a variance. There's a 20-day appeal period. I don't think the building inspector will issue a building permit for 20 days uh after I write it up and file it. So, I would say that's probably three or four days away. Okay. Thank you very much. I didn't mention that it meets your 3 and 1/2t minimum step back. Oh, it does. Um how old are your kids? 32. Okay. Do you know them? I think my kids know them. probably small town. It's a small town. I know your Well, I think my youngest went to school with your 32y old Travis, the one year one year ahead of my kids. Yeah, that's what I thought. Thank you very much. You're welcome. Thank you. Thank you. Glad you're staying in town. Thank you. We are too. Thank you. Okay. Hey, you want to call the next hearing up? You have the agenda? You
need I can I have it, but buried it somewhere. Okay. Next case is uh case 25-975 75 Gilson Road. The petitioner Christine Lur Latcher seeks a variance pursuit to 173-27D to build a garage and reduce the front yard setback and such other businesses as be properly come before the board. Let me just pass it down and refresh David's recollection. He's looking at on his phone. Yeah, I know. Thank you. Yeah. A bigger one. Did you bring it? Yeah, we all have this. Your plans didn't really show much. I'll take one. You have them. I'm delighted to see it. You've already killed the tree. You might as well look at it. I like these plans. Addition. Okay. As you saw before, we'll ask you to um introduce yourselves and then you'll present what you want and then we'll I'll look at it. I'm Christine and I Gary Shiml the contractor. Pretty house. I've been there 52 years. Get out. The house is that old. You really? We built it. It's a beauty. I love your granite granite number. Well, my my neighbor and my husband did it. Very nice. Um I lost my husband last year. I'm sorry. So to make my life easier, my daughter and my nieces and nephews think that I should have a garage so I can put my snowblower and car and lawn mower in it so I don't have to go up and down the stairs with it. As they remind me, I'm aging. They may they may be looking for an in-law apartment for them. No.
So when Christine built the house in 73, Clark Road was not there. So on Clark Road when it created the um sideyard Second Street, Secondage. So we weren't aware of that. So uh you present and then I'm going to explain to the board what all that means to this. Yeah. So Christine says she'd like to put a garage. She wants to stay in town as well. She lost her husband a year or so ago and um this would make a nice safe place for her to go out during the winter and um it's a 24x 22 garage. Yes. Single door and looking for a bearings for the side set back. Um so what's presented here and what I saw the um uh building commissioner wrote and we can all review that as well. But basically what happened is Littleton has a zoning bylaw that says if that property fronts on two streets, that's a corner lot on two streets, you have to meet the 30-ft setback on each of the frontages. And then there's a footnote that says except that if the lot is under 40,000 square feet, you get a reduction of that 30 feet by one foot for every something number of feet that it's under, which I was hoping would work in this case. But both I and the building inspector said it doesn't work because this lot is not non-conforming. It's a full 40,000 ft. And as Gary just demonstrated and and told us, Clark Road wasn't there when she built it. So, if Clark Road wasn't there, I guess the setback would still be the same distance, but she would only be required to have 15 ft because it wasn't a road when she built it and and when the house was cited. Now that there's a road there, that creates something of a little bit of a hardship. So, they're here before us for a variance. Um, and I think one of the conditions owing to
this lot shape, soil, and topography is the very fact that somebody put a rope in beside her when she never asked for one. And it's a corner row. And it's a corner road, which makes her Yeah. Yeah. So, having said that, if you're satisfied with the presentation, I maybe want to read the building inspector's letter in because he took the time to write it. Um from the information that's been provided to the department of certified plot plan. Um your submitt requires approval from the following board before building permit can issue. Zoning board of appeals for a variance under section 123 20 17327 uh street setback on corner and through lots. Street setback shall be maintained from each abuing street or way which qualifies to provide lot frontage for division of a parcel into lots except where stated to the contrary all street setbacks shall be measured from the legal boundary of the way but when no such boundary exists setbacks shall be measured from a line 25 ft from the center that doesn't really apply. We know where the uh edge is. The applicant proposes to construct a 22x 24 ft garage to the right side of the existing dwelling. Pursuant to pay table of intensity of use schedule, the front yard setback is 30 ft whereas the applicant proposes 22.1 ft. Therefore, a variance is required. Okay. And um if your presentation is finished, I'm going to start with Rod this time for questions. Okay. It looks like it's wooded all the way to Clark Road. Yes. So, you're going to have 15 to 18 ft of woods after you put the garage in. Okay. It's the only question I have. No, this seems to be the reasonable place to put it. And obviously, the hardship's clear and needed so you can stay in your home. I have a big birthday coming up. 75.
Congratulations. Huh? When is it? 75. Yeah. When? Oh, October. I would not have guessed you were that old. Yeah, I am. I'm that old. I I was picking you around my age in your 60s. Thank you. There we go. Looking good. Um I to me it it's kind of a no-brainer. It makes sense. They're putting They're not putting an extremely large garage. It's not like it's 30 feet wide or they're not doing anything unreasonable. They're not putting another, you know, a second story on it. They're not supposed to be asking questions. Yeah. Okay, I'll shut up. Trying to think if I have any questions, huh? I was trying to think of questions. Oh, boy. You know, I would, you know, was out there today and checking it out and um I really have no questions to ask you. I mean, I've it appears to me to be your proposal is well thought out. Um I I my my feeling on Clark Road was it's more of a uh wide driveway to four houses down the street because it's really But it is not. I know. But that's what it looks like. It's a culde-sac. A little culde-sac down the street with four houses on it and it's just a little wide driveway, shared driveway. Uh no, being the newbie and not having the benefit of the site visits, I just appreciate uh member Stewart's clarifying question. You want to see the Google Earth picture? Yeah. Do you have it up or did you bring it? Yeah, bring it. Yeah. And I went down there, too. I think it's a little misleading. There was There wasn't quite that much. Yeah, you you will be able to see the garage from the Clark Road very easily. Yeah, it's it's very much cleared to Clark Road, but there's also a grade a huge elevation grade change there. So, what are you going to do about that in terms of the garage will be at the house level and it's not going to be stepped down in any way, right?
No, it's not. And you're going to enter it from the front, which is Gillson Road, because you can't I don't think you could jump that grade easily. And the only other question I had was as I came down Clark Road, you're on the left, the first lot on the left across the street looked like a a big wooded or halfway clear, partially cleared lot. Is that another building lot or is that the yard of the house uh across the street across Clark from you? Didn't notice it. This one. You mean going up bridal path? No. No. No. Just straight across. Straight across Clark from you. She's talking directly across your new garage. Your neighbor. My neighbor on the other side of Clark. No, there's no buildable lot there. There's no buildable lot. That that land that seems open and and available two houses. the one on it belongs to one or the other of the houses. Yeah, they probably split it in half. Okay. Now, the grade change seemed pretty close to Clark Road. It looked like if you're maintaining 22 feet from that Clark Road, you won't get anywhere near where that grade change, you know, the grade change shown on the drawing. And they're and they're not going near the slope. Okay, great. I do have a question. Is the driveway that's shown on the plot plan the existing current drive? So now I take it so you're driving, you come home, park your car, you're just parking in the driveway. Winter time you're shoveling and snowb blowing all around that. Yeah, but that's what keeps you young. Try. Okay. That was the first thing I did when I retired eight years ago was build a garage. I was tired of moving cars to move. No. Are you reading the letter? So yeah. Do you have a letter? And um yeah, there is. But this is this is another form letter. Yeah, there were four different people who Okay. Hi neighbors. Hi neighbors. I am looking to put an
attached garage on the right side of my house along Clark Road side. I do not meet the set setback requirements. When Clark Road was put in after my husband and I built our house, it turned our lot into a quarter lot. This made the side set back 30 ft instead of the 15t requirements. I'm asking for variance from the town so I can add the garage. The town has requested me to reach out to my neighbors to see if anyone is opposed to this. If not, could you either sign this letter or write a letter with your approval and return it to me by ma email or mail. My email address is and then it's thank you Christine Latcher Latcher and of 75 Gillson Road. And then there's notes written from her neighbors. It's fine with me. Ann Marie Chen Chenowski. Chinowski. If you have any questions, please contact me and her phone number. And 67 Gilson Road, Littleton. No objections. Adam Walker, 79 Gillson Road. No objections. John Scarella, I think it's Joanne. Joanne Joanne Scarella to Clark Road. No objections. Lori per P peralotus for bridal path. Pervalus I should know. Thank you. Do we have any butters who want to speak out in favor or against? Uh I'll entertain a motion to close the hearing. I so move it. I'll second. Go ahead. Okay. All those in favor? I I Okay, unanimous. Uh David was the second uh to the admin and then um deliberation. I'll go around the room this way. Uh this way this time, Rod. Okay. I I really don't have any problem
with it because I think 30 foot two 30-foot setbacks is kind of uh crazy anyway, but that's not really a legal hardship. But if you we can say that the road went in and that made it a hardship, uh then you know I'm fine with that. Thank you, Cheryl. And there's going to be some screening anyway. Even if you can see it, it's not going to be as visible. Yep. This seems like a no-brainer to me. This is what we why we exist as a board. Yep. This is so we can approve things like this when roads are put in after houses are built and people don't think to put a garage up when they first build. I we've discussed the need for garages in New England countless times at this board. Yeah. The 22 ft is pretty substantial anyway. Yeah. And it's and the garage is reasonably sized. There's not there's no there's nothing else going on here. This makes sense. Mhm. What's our garage size, please? 22 by 24. Yeah. Yeah. And um you don't think that it would be a substantial detriment to the neighborhood or deriggation from the I believe that the variance is appropriate. I do believe this lot is has its special topography with the drop off and the way it's situated and the road being a corner lot. So I do believe it is unique situation. Thank you. Um John. Yeah, I have no issue with it. I think if you they been they built this house or they had put a garage on there would have been no question it would have been fine well within its setbacks and nobody would have cared and then you know x number of years later someone decides to drive a put a road by your house and all of a sudden your setback jumps from 15 ft to 30 ft. So now there might have been a a rightaway in existence. Who knows? Still pretty much, but still we could have got away with building it before. And I think that, you know, it's it is a need to show the
need of of especially elderly people to have to be able to park their cars out of the weather in the winter time. And there is no other place to put it. Elderly. Sorry. Hey, I'm almost as old as you are, so I'm 72. Okay, move on. David, I agree with the other members of the board. Uh need is established. Uh in my opinion, the driveway, the existing driveway is there. It would be awkward to try and move the driveway to the other side of the house. I mean, it's the natural place to build a garage. Um there's significant buffer with the trees, you know, 822 versus 30. I mean, that's a substantial number of feet, but in relation to the full amount, there's still significant buffer. Um, I I I'm in favor of approving this variance job security. Um, I too I too have no problem with this and I didn't when I initially heard that you had to come before the board. I'm sorry that you had to do that and spend time and money, but that's as Cheryl said, that's what our board's for. That's what we're we're here for. and to waste trees. And um so I'll entertain a motion to approve and if anybody wants to make that motion uh adhered to the Dayton uh picture on the plan so that we hold them to some setbacks. Okay. Yes, dear. Oh, wait a minute. Where is the I make a motion that we grant the request for a variance for case 25-97575 road for Christine Walker as shown on
the plan dated 5 May 5th 2025 with a setback not to exceed or to just as long as you reference the plan as with the setbacks as shown on the setback That's as shown on the plan certified plot plan dated May 5th, 2025. I'm just going to put the word substantially in. We have a new building inspector. And he's off by 6 in. I don't want to have to come back here. Don't be off by 6 in. No, no, we'll be good. Get your level out. Yes. I'll measure twice. I'll take a second to someone want a second. I'll second. Rod seconded. Uh, Cheryl made the motion. All those in favor signify by saying I. I. I. Opposed. No, not me. I mean no opposition. So unanimous. Once again, Gary, it's a uh 20day appeal period. And I'll try to get this right. The two easy ones to write. Um, well, thank you board for your time, your efforts. You're very welcome and good luck to you. I just file temporary file. Sorry if you're not in the morning. She going to spend I don't know. I'll be quite honest with you. Usually she likes to go. We built the house when we were 22. Wow. Where are your kids that they're My daughter? Yeah. School teacher down there. Oh, nice. Nice. Grandkids yet? No. Um, there'll be no grandchild. Maybe a grand doggy. I do have a grand doggy and I mind it. I've got I've got a grand doggy, too. Thank you. You're very welcome. Thank
you. Um, I don't see any other business, so I'll take a motion to close. And I think I I make a motion we adjourn. Second. 5 seconds. Uh, moved and seconded to close the meeting. All those in favor? Hi. Hi. So before you run off. Yeah, you're fine. I can do that. But but we're lucky they're lucky because I wouldn't have been here.
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