Planning Board - Regular Meeting

Good evening. This is the January 28th, 2026 meeting of the Newcastle Zoning Board of Appeals. Uh tonight we have a couple of extensions before our public hearing section and we'll start with the first extension request from uh Kavanaaugh's. We have somebody here representing Canada or online. They are supposed to be on Zoom. I just don't see them. Supposed to be on Zoom. Yeah, I don't see them here yet. They might just be running a little bit late.

All right. Well, we could do a second one first. The first one after when request for a third extension when I can hear me. Yep. I'm Richard G. I'm a architect. Um and uh yeah, so would like to request an extension. We have our builder and um pretty much ready for the permit, but um it's just been a scheduled conflict of getting on to schedule, but looking at um we're hoping to start before spring is possible. Okay. But um we're usually pretty liberal with extensions, but this is your third.

Is there Is there going to be a fourth after the third? I say I hope there's not going to be a fourth after the third. No, there won't be. Yeah, he's ready to go at this point as the weather cooperates with us, which hasn't. But um but we have um we're we're ready to um to begin as as soon as uh the weather breaks a little bit. Okay. Your paperwork time paperwork is all in on that. No problem. Very close. Very close. Okay. So when do you think plan on starting or hope to start?

Um ideally it would be um I would say you know late February would be when we would like to start. Um it's just not a great time to start at the moment, but that's kind of where his schedule is and and we think the weather's going to be more cooperative. Okay. So, if we give you um let's say two more months to start, that'll get you into March just in case. Yeah, we can definitely that that problem start at that point. So, I'm going to I'm going to make a comment from the board. I'll just No. Any anybody online or in the room to comment on this? No. Okay. I'm going to give you uh two months to start and and a year to finish

and move that your third extension. Okay. I'll make a motion to make that a motion. Two months to start, one year to finish. Okay. Second motion. Chairman Gardina. Hi. Mike Nolan. Hi. Ron Jenz. Hi. Warren Gotautle. Hi. Kathleen Derazans. Hi. Okay. You have your extension. Good luck. Great. Thank you very much. Appreciate it. Cavanagh's here yet? Oh, yeah. Yes. Cavanagh here. Which one is Kavanagh? Okay. So, you requested an extension, but you're not giving us much information about how long you need and what's what's happening. Could you fill this in, please?

Um, we uh originally requested extension because we needed a little more time on the uh new water main uh permit. Um recently the client would also like to convert the existing garage into uh living space. So that's the other reason. Um it may take us um maybe 2 months before we come back. Uh the builder uh the client has engaged builder. So uh we are hoping to start spring. Um, however, um, I mean I also understand that the water main um, uh, we don't need the water main permit to get a building um, permit. So, long story short, I think right now what's um, uh, holding us up a bit is the uh, new request from the client to convert the garage into living space. So, I believe we'll need about two more months before we come back to you.

Okay. Okay. But the question on the conversion, is that going to require a uh a variance or is that allowed? It's as of right, sir. As of right. Yes. Okay. So, but are you okay with the time on the paperwork? Yes, sir. Okay. Yes. So, you need two months? I believe so. Yeah. Okay. Anybody have any comment? No. All right. I'll make a motion where you grant two-month extension, one year to finish. I second the motion. Chairman Jardina. Hi. Mike Nolan. Hi. Ron Jensen, hi Warren Gotautley. Hi Kathleen Derek. Hi. You have your extension. Thank you. Good luck. Great. Thank you.

Are they online? Okay. Is there another way to pronounce

Sie? Okay. So, um tell us uh what it is that you seek. Give us your name for the record, please. And what it is that you seek. Um

Okay. And you are seeking um I don't know if my architect is he's in audience. My architect from Mr. Sergio. Oh, is he supposed to be here tonight? He's also on Zoom. He's online. Oh, okay. So, can we get him to uh give us some information?

Can you give information or I'm waiting to to get accepted? Okay. All right. So, uh, can I share the screen? Absolutely.

All right. So, all right. So, we're taking an area variance. Uh, this part of the this part of the house is nonconforming. This is the setback line and this line here is the existing deck in the back. We are replacing the deck because it's old and we are in into the side yard. Um, this is what it looks like. So, the deck is there already, but we're going to replace it, fix it up, and we're going to square off this end. So, that's all to it for for this little corner here.

And the rest of the house is all is not requiring any variance. It's just a deck. Well, the rest of the house is existing. Um, we are not increasing it or you know we're just working on the inside. So the shell is is the same. It looks reasonable. Okay. Oh, I have one question. Maybe it doesn't even apply to the deck, but I noticed on the site plan that it looks like two pieces of property together. Um there is

Are you planning any subdivision there or anything? No, because there's two um there is this property here and this property belongs to this side. There's some wetlands in this in this uh area. So there's nothing planned for now and you know so we're just concentrating on this and getting this part done. Okay. So all we're dealing with is a 7 foot variance for your deck. No problem. Any comments from the board? No. Anybody in the audience or online that would like to comment about this application?

Hands are raised.

All hands are raised. Okay. It sounds like a very reasonable ask to me. Um, I'm going to make a motion that we grant the Sophia their 7 foot uh variance to rebuild the deck and square it off to make it a more usable structure. Um, for the following reasons. This is a legally existing non-conforming structure. Uh the deck uh is in poor shape. The entire house needs to be renovated, but the deck is in poor shape as well. And the uh the requested variance to to improve the deck is very uh very reasonable. The granting of the variance will not create an undesirable change to the character of the neighborhood. Uh there is no other method to achieve the desired end other than to grant the variance. uh granting the variance will not create uh any that's adverse effect on the physical environment or the conditions. Um this is not really a self-created hardship in that it's already a legally existing non-conforming and anything you need to do on the house would need a variance. Um, we need we'll need a a footing survey or foundation survey. How do we need that?

Final survey because final is good enough. Final is good enough. It'll show the deck location. Very good. Okay. Uh, we'll need a final survey upon completion. And you'll have six months to start and one year to finish. Well, we're still working on the permit. So, uh, permit. So, do you think you need more time to start? I could give you a little bit of extra if uh hopefully not but uh you know it depends on you know how quickly we get into permit but okay well you know what I'm going to I'm going to stay with the six months to start in a year to finish and if if you have to come back to us we're nice guys we'll be glad to help you

very talented okay second the motion chairman Jaredina Mike Nolan Ron Jenz Kathleen Deran. Hi, you have your variance. Good luck. Thank you. How are you? I'm Andrew. Want to come up?

Hi. Um, Andrew Shake and my wife Lisa and our our architect stay. Uh, we we own uh property at E Brookside Circle. We're uh interested in doing a kitchen renovation. There's an existing what would you call it? Sunroom. Sun room.

Sun room. It's got jealousy windows, floor to ceiling. the entire three walls of heat pump out. It's basically wall glass and the h I think the house is 65 years old. I think this this part was when the house was built this was built as part of it and I think the setback rules came after the house was built actually but I think it I think it's two feet. I don't know what the application says, but I believe it to be 2 ft over the setback. And as a result, we're applying for a varian.

It's a existing non-conforming, but because it's an uh non-heated space, we're changing it from like a threeseason to a four season habitable space. So then we have to make it conforming. Okay. Uh in doing so, that would require a variance. Plus being now the expansion of the kitchen, we want to put a small little deck which is like 6 by9 basically a platform and then a set of steps down to the yard for access. So, uh it's a very minimal deck that we're asking for and that requires a variance because it's being added on that side there. Nice. I see that. Okay. But the sun room itself, the footprint is not going to be increased. It's going to

No, no, it's existing. The roof is existing. We're actually taking the glass jealousy windows out, putting in real walls and uh one window on the side and one window on the front. So, we're we're create creating more wall space so we can make a kitchen out of it. I get it. I get it. Um I really don't have much to comment on. This is pretty much a good deal for me. Anybody on the board? So, there's no addition no addition to the footprint at all? No, other than the the the new tech, I mean the building footprint. Yeah, the building footprint stays the same. Okay. All the kitchen. Thank you, Ron. Kathleen, anything.

Anybody else in the audience that like this? So, we have one person to comment.

Yeah. Uh my name is uh Jared O' Calahan and I live on uh 15 Valley View Road with my wife Christina. Um we've lived in that property for um since 2010. So uh 16 years we've lived and know that property for that period of time. Um our property um but what's up against a Brookside Circle on the northwest on the north side of the property. So, our backyard and and the shaken's backyard are together and where they're um applied for the variances is on the southeast side of that property, which is the northwest side of our property where we have a family room and a breakfast room. and the way the plans or the application is submitted. We have a concern around the privacy and we believe our privacy will be impacted negatively by the um the renovations uh proposed the uh the extension of the kitchen into the sun room as well as the deck on the side of the property. And we think that our privacy those those two items will be looking out and looking directly into our family room and breakfast room. So we we're asking the board to at least preserve our current level of privacy and we believe with these uh variances it will actually diminish our uh our privacy.

We and we've shared those concerns with the shake in advance of tonight's meeting. Um, I have a little problem understanding how your privacy is going to change if there's an existing room that's all windows and it's changed to an exist to the same size room with walls. I mean, well, first of all, understand how that could affect your privacy. It's already legally it's already existing. Yes. But it's going to be changed from a I don't know how many season uh room two or three to a four uh season room with double casement windows out looking straight out into our property and into our family room. And currently and currently it's a rental property.

Okay. And there's no one living there. I don't believe the shakens have ever lived there since they've owned the property. I believe they bought it in 2018 or so. Um, so it's been a rental property for all those years. Um, and as far as I know, um, that room has been minimal, you know, used minimally by by the tenants, if at all.

We, as a zoning board, we have no purview over whether it's rented or not rented, whether somebody uses it every day or once a year or once a month. The fact of the matter, in my opinion, is that you have a room that's existing with a bunch of windows. People can sit out there whenever they like and look around any place they want to look. And by closing up the windows and putting in a whatever you want to call them, casement windows. There's no change. There's no change to your privacy that I can see. Well, well, if you're okay with that, then there's a change when you add on the deck, which comes out a further 9 ft from the house, which is 9 ft closer to our property.

That's a possibility, but maybe we could work something out with some screening or something that would uh Yeah, absolutely. I mean, we're here to to discuss it, not to No, no, no. The room the room itself, I have a hard time saying that's going to be a problem. The deck, you have you have a point. Um, and if if we could work out some kind of a screening plan that would be acceptable to you and to the owners. Um, may I speak? We had a call in advance. It was very constructive call. I thought I offered uh post the renovation if he had felt that his privacy was encroached upon that we would put up a evergreen tree on our side of the property that'll stay green throughout the year. So that that that to me would be a good a good solution.

Yeah. And to be clear, the deck isn't coming out further than what the sun room already is, right? The deck is actually set in from what the size of the sun is. It's the sun room's like 9 foot6 out from the building. So, this is just a platform to allow access to the stair because you can't have a stair directly from a door. Right. Right. as well as

well well it it does it does change the privacy concern because in that in that part of the property there's less vegetation. So it's it's a clear path into our breakfast room and our family room. So if you add on a deck, you're getting 9 ft closer to our property and to our to our privacy concerns. See what you're saying. Yeah, but the deck is not pretty that far out. And it's 9 ft out. And if they're willing to put up some evergreen screening, I think it would be great for others. Yeah, but I I would like to know the dimensions of the the greenery.

Well, that's okay because what we normally do in a case like this is we request site plan uh adjustments showing the screening, showing the type of plantings that's going to be um Yeah, absolutely. installed. Y it becomes part of the variance if if and when we approve it

and um it has to be maintained and if it's not maintained it has to be we will have you have some kind of recourse to have it have the property owner maintain the screen. So you will be protected um as as best as you could imagine with that. If that's okay with you, um, okay with the with the homeowners, um, um, I'm going to, uh, suggest that we postpone this until our next meeting, and give us a site plan showing the the the location of the Evergreen screening, the type of screening it's going to be, and we'll make our decision after that. I know I see you're disappointed, but we have we have to do this.

That's we had the conversation in minutes. I'd be happy to sign something and I'll I'll to his satisfaction have something. Tom, is there another way to do this without having an official site plan? Can if an agreement showing the uh evergreening we I never ran into this before. We've always done it having a site plan, having a landscape architect or somebody determine what the what the type of screening is going to be, what the location is going to be so that we have something to to lean on in the future. Could, excuse me, could we put something in um that so Tom when he writes the building permit in order to get a CO we have to plant screening that blocks the window in the in the kitchen and blocks the deck.

I've never seen that before. But if if the building department feels it's a it's a possibility for them to do it, I have no objection to that either. Mr. Chairman, I'd caution against that because your ruling will be in perpetuity. That's right. That's that's why I'm driving at that. I mean, there's no regulation to govern if they cut them down after the CO. Exactly. Exactly. Exactly. Okay. I'm going to stand firm on that. Get yourself some uh some information. Get us site plan showing the screening and we will see you next month. Thank you. The the window is smaller than exists currently. This

I you were on the right point from the beginning. I understand what you're saying. I really I really And you have to have the deck by by law so you can go into the backyard. that is an acre in size that faces a pond that has per perfect privacy. Why someone would hang out on a landing makes no sense to me. Why do you need the deck? There's no deck access. There's no access. You just hear they say you can't just have a straight You can't just have a straight. We can change the name of it. It's it's really a landing for a staircase. You may be thinking of a deck as a large party structure. That's not what this is. I mean, everybody can see that on the I guess my question is why do you need a deck in the first place other than an access? You like to have that backyard because most people Do you have a deck from your house to go from your kitchen or family room to your yard? No, we don't.

You don't? You don't go outside and barbecue? We do, but we don't have a deck. We have a patio. We have a patio because your ground is is flat. But it's the same difference. Okay. We're not going to get into that here. It's not the right. But we're under a deadline for June 1st of the school year for I understand what you're saying, but we are we have our obligations and responsibilities as well. And if we're going to do screening, it has to be done the proper way. So, we'll see you next month. Thanks for coming. When When is the deadline that we have to get the drawings into you by to be on the next agenda,

Jackie? February 22, your returning case. So, just give me one second. I would need everything by February 10th. Okay. But you'll put us on the agenda as being returning in the meantime. Yeah. You don't have to renotice or anything. You're just returning to next month's meeting. Thank you. You're welcome. Thank you. Thank you. This must be the application. Yeah. Yeah. All right. Approval of the minutes. I make a motion we approve the December 17, 2025 minutes. I second the motion. Chairman Gardina. Hi. Mike Mullen. Hi. Ron Jensen.

Hi. Warren Gotley. Hi. Definely there is I okay in order to journ