[Speaker 1] (13:58 - 13:58)
Yes, okay.

[Speaker 2] (14:00 - 14:18)
Thank you. Alright, welcome to the March seventeenth um meeting of the Swampscott zoning board of appeals. The first item on our agenda is to approve um the past meeting minutes and we have multiple meeting minutes. What are the do you have the

[Speaker 2] (14:19 - 14:22)
dates of the different minutes that need to be approved.

[Speaker 2] (14:28 - 14:30)
March nine and January.

[Speaker 2] (14:30 - 14:31)
We have March nine,

[Speaker 2] (14:32 - 14:32)
January

[Speaker 3] (14:32 - 14:33)
Yes.

[Speaker 4] (14:35 - 14:35)
Correct.

[Speaker 2] (14:35 - 14:36)
Oh.

[Speaker 4] (14:36 - 14:40)
Correct. So the meeting minutes that were completed and attached were

[Speaker 4] (14:41 - 14:56)
from January 20th and February 3rd. So the most recent meeting minutes are still being finished but it's from the two meetings before that. So the January meeting and the February special meeting that first week of February.

[Speaker 2] (14:57 - 15:02)
So can we just get a motion to approve the minutes from January 20th and February 3rd?

[Speaker 5] (15:02 - 15:03)
Can I make a motion?

[Speaker 2] (15:03 - 15:04)
If you have a second?

[Speaker 5] (15:04 - 15:05)
Second.

[Speaker 2] (15:05 - 15:05)
All in favor?

[Speaker 6] (15:06 - 15:06)
Aye.

[Speaker 2] (15:06 - 15:06)
Aye. Bye.

[Speaker 2] (15:12 - 15:25)
petition number 2601 which is five here on Street and we have mark has recused himself from this so we have the three members that you see and then we have Andy who is now gone again no is he there uh

[Speaker 4] (15:25 - 15:26)
I think we lost him.

[Speaker 2] (15:26 - 15:29)
-oh we lost Andy hi

[Speaker 2] (15:37 - 15:40)
Hi Andy hi Andy

[Speaker 7] (15:40 - 15:40)
Hello.

[Speaker 8] (15:42 - 15:43)
Sorry about that.

[Speaker 2] (15:43 - 15:44)
No, that's all right. We're just starting.

[Speaker 8] (15:46 - 15:47)
Slightly challenged.

[Speaker 2] (15:47 - 15:48)
Yeah,

[Speaker 2] (15:48 - 15:48)
no problem.

[Speaker 2] (15:49 - 15:55)
We're just starting petition 2601, which is to create a

[Speaker 2] (15:58 - 16:23)
To to add a second unit to a single-family house they're asking for a section six special permit special permit related to parking a special permit related to screening landscape screening a special permit which is a variant variation of the floodplain and site planes special permit which I you did last week through the planning department all right

[Speaker 2] (16:24 - 16:26)
So would you like to begin,

[Speaker 2] (16:26 - 16:26)
Mr.

[Speaker 9] (16:26 - 16:26)
Thank you.

[Speaker 2] (16:26 - 16:26)
Griffith?

[Speaker 9] (16:26 - 16:28)
For the record,

[Speaker 9] (16:28 - 16:29)
Attorney Kenneth Schroetzer.

[Speaker 9] (16:29 - 16:31)
I'm here on behalf of Anthony Villardi.

[Speaker 9] (16:31 - 16:32)
Mr.

[Speaker 9] (16:32 - 16:34)
Villardi is to my left, to your right.

[Speaker 9] (16:34 - 16:38)
He's the owner of 5 Huron Street. He's owned the property for almost two years.

[Speaker 9] (16:40 - 16:46)
As you know, it's in the A4 zoning district which permits multiple units.

[Speaker 9] (16:48 - 16:52)
So just sort of going through very, very briefly and just giving a little bit of background.

[Speaker 9] (16:53 - 17:20)
We've been working on this project now for almost almost the two years but as I said to the planning board it's an expensive undertaking between getting the services of the surveyor and the architect and myself but we're now ready to present we presented before the planning board I am advised that you've received a copy of their favorable decision on the site plan special permit application. We will similarly be going before

[Speaker 9] (17:21 - 17:25)
The Historical Commission, because since the structure,

[Speaker 9] (17:26 - 17:29)
albeit old and somewhat in need of repair,

[Speaker 9] (17:29 - 17:40)
is over 75 years old and therefore technically requires a hearing, so we'll be going before them after we're assuming that we're successful in front of this board.

[Speaker 9] (17:40 - 17:43)
The house is currently a one family and it's designed,

[Speaker 9] (17:44 - 17:49)
the architect is called Bungalow, and I guess the word itself is very descriptive.

[Speaker 9] (17:50 - 17:59)
So it's a very, very small home in that portion of Swampscott, right on the Lynn line that allows multifamily.

[Speaker 9] (18:00 - 18:08)
And at this point it's one of the very few one families in an area that has multifamilies in that area.

[Speaker 9] (18:09 - 18:14)
We are asking for a lateral increase in the dimension of the house.

[Speaker 9] (18:14 - 18:16)
In other words, we're not increasing the footprint.

[Speaker 9] (18:16 - 18:27)
Uh we just adding a second story and an attic so it'll it'll be uh more consistent it'll be a two and a half story structure as opposed to the bungalow which it currently is configured.

[Speaker 9] (18:28 - 18:32)
As far as the um the issue with regard to the this parking spaces

[Speaker 9] (18:33 - 18:35)
I believe you received, I know there was a request,

[Speaker 9] (18:35 - 18:37)
it was in the original package,

[Speaker 9] (18:37 - 18:44)
but they asked that we delineate with some coloration the areas where the parking is.

[Speaker 9] (18:44 - 18:46)
Those spaces currently exist.

[Speaker 9] (18:46 - 18:51)
Those are spaces that are behind the home.

[Speaker 9] (18:51 - 18:55)
Those are the two spaces that are currently in use.

[Speaker 9] (18:56 - 18:56)
The reason

[Speaker 2] (18:56 - 18:59)
Can I s a quick question? Are they paved spaces? Is it

[Speaker 10] (19:00 - 19:07)
One is paved. So the one on the left there on the board is paved. The one in the back behind the deck is grass.

[Speaker 2] (19:07 - 19:07)
Thanks.

[Speaker 9] (19:09 - 19:12)
So these are the spaces that are currently being used.

[Speaker 9] (19:13 - 19:18)
There is a requirement of one space per unit. So theoretically,

[Speaker 9] (19:19 - 19:22)
the relief that is being sought is only being sought

[Speaker 9] (19:23 - 19:33)
in the event that you did not like the scheme that was presented and then give you an alternative and say, well, we only like one space, but we're going to waive the requirement for the second.

[Speaker 2] (19:34 - 19:36)
Are we supposed to have one and a half spaces

[Speaker 9] (19:36 - 19:36)
No,

[Speaker 2] (19:36 - 19:36)
per unit?

[Speaker 9] (19:36 - 19:38)
for one and two family, it's only one space

[Speaker 2] (19:38 - 19:38)
It's only

[Speaker 9] (19:38 - 19:38)
per unit.

[Speaker 2] (19:38 - 19:38)
one space.

[Speaker 9] (19:39 - 19:43)
So they have they have the adequate parking scheme now,

[Speaker 9] (19:44 - 19:49)
but I rather than not address it, I incorporated it in the application.

[Speaker 9] (19:50 - 19:54)
On the theory that if it were to come up, uh we would be able to discuss it.

[Speaker 1] (19:55 - 20:12)
Um third is is landscaping. You know, once again, there's not gonna be any change in the existing landscaping because the footprint of the home doesn't change. So the landscaping that's currently in existence, and what I did do for you was I provided you with some photographs

[Speaker 1] (20:12 - 20:22)
uh in the package of what the current landscaping in the home looks like, so you got a a sense. So the the landscaping plan is is what currently exists.

[Speaker 1] (20:23 - 20:28)
And the fourth issue uh is, and this came up at the eleventh hour,

[Speaker 1] (20:28 - 20:35)
uh FEMA changed their their flood plain map, and they incorporated for some reason uh this area in in the flood plain.

[Speaker 1] (20:36 - 20:55)
Um it's clearly nowhere near um any rivers bodies of water or the Atlantic Ocean for that matter. But I gather on certain rare occasions none of which have occurred within the last two years since Mr Velardi has been there uh that there's there's been some ponding. So

[Speaker 1] (20:56 - 21:09)
You I had an option. I could appeal to FEMA and say I think you've made an error or I could come to this board and explain the situation. We provided for you a flood zone analysis which was done by Mr.

[Speaker 1] (21:09 - 21:16)
Velarde which I'd ask you to look at which which describes the area describes the the issues that are presented that have to be addressed.

[Speaker 1] (21:17 - 21:30)
Um I would also uh anecdotally tell you that we had met with the building commissioner as well as Chris McCa in advance of the filing of the application and they were the ones that brought to my attention

[Speaker 1] (21:31 - 21:38)
that the f the the FEMA map had just changed and included of all streets Huron uh in that flood zone.

[Speaker 1] (21:39 - 21:45)
We explained the situation. Once again, the theory was, and this is why it's being done this way,

[Speaker 1] (21:45 - 21:47)
that the application is only for the shell.

[Speaker 1] (21:48 - 21:49)
It's for the exterior.

[Speaker 1] (21:50 - 21:53)
So that's what's going to be done at this time.

[Speaker 1] (21:54 - 21:58)
Later on when money is available and it's a financing contingency as well,

[Speaker 1] (21:59 - 22:07)
we'll be able to then go back and receive the additional funds for the construction loan to do the interior of the second level, which would be the second

[Speaker 2] (22:07 - 22:07)
Okay,

[Speaker 1] (22:07 - 22:08)
unit.

[Speaker 2] (22:08 - 22:16)
I just quick on that because I know I spoke to Rich today about this, because I had some questions about the FEMA floodplain and things like that.

[Speaker 2] (22:16 - 22:35)
And he said that, and I know you spoke to him as well, so I th I think there was some confusion. He said that there was that we um you can't pull a permit for a second unit that doesn't end in an occupancy permit for that unit. So you can't your permit can't be to b add a unit in

[Speaker 1] (22:35 - 22:36)
Oh,

[Speaker 2] (22:36 - 22:38)
a when you do a shell, when you're not actually adding the unit.

[Speaker 1] (22:39 - 22:40)
We're we're th

[Speaker 1] (22:40 - 22:52)
At this point it will not be ready for an occupancy permit, but but the permit can be for the exterior, which is the way that we we explained it when we had provided to him um our our plan.

[Speaker 1] (22:53 - 23:03)
So so what we're doing is we're get we want a permit for the use going through all of these issues because ultimately before when we then go back for more funding,

[Speaker 1] (23:03 - 23:12)
we have to be able to provide them with evidence that it's been approved for the second unit, because that's going to derive the rental income to allow us to get the financing.

[Speaker 1] (23:12 - 23:28)
So we're going through the gyrations, I I think everyone understands what what's being done and we're we're doing it in a way that was consistent with everyone understanding, so there's there's no slight of hand what what's being done.

[Speaker 1] (23:28 - 23:54)
There there are no homes that would let me digress and and I've gone through this with you before with theoretically require if all the work was done which we couldn't afford to do anyway under a single permit that the the construction work would be more than 51% of the assessed value of the current structure theoretically that would require under FEMA's flood zone a requirement that the entire house

[Speaker 1] (23:55 - 23:56)
be jacked up,

[Speaker 3] (23:56 - 23:56)
Yeah,

[Speaker 1] (23:56 - 23:58)
a whole new foundation.

[Speaker 1] (23:59 - 24:00)
It's financially impossible

[Speaker 3] (24:00 - 24:01)
and why to'd you say that?

[Speaker 1] (24:03 - 24:07)
do that. You'd never get the funding to do any of the work.

[Speaker 1] (24:07 - 24:09)
You'd never get the money back.

[Speaker 1] (24:09 - 24:12)
So if in fact that were the situation,

[Speaker 1] (24:13 - 24:19)
which it isn't because through the auspices and the good grace of the building department we've had this discussion,

[Speaker 1] (24:19 - 24:22)
their suggestion was that we do it in a phased way.

[Speaker 1] (24:23 - 24:26)
From your perspective, we're asking for the exterior.

[Speaker 1] (24:27 - 24:31)
The interior work which will come later will be after we get...

[Speaker 1] (24:32 - 24:44)
The sign-off on the work that's been done. Not an occupancy permit but a sign-off on the work that's been done. We're not looking for an occupancy permit until the place can be occupied. We'll have bathrooms, we'll have plumbing,

[Speaker 1] (24:45 - 24:50)
we'll have utilities in the second stair floor. This was once again explained to the planning board.

[Speaker 2] (24:50 - 24:50)
Yeah, so

[Speaker 1] (24:50 - 24:50)
But that's

[Speaker 2] (24:50 - 24:50)
with this

[Speaker 1] (24:50 - 24:52)
that's that was conceptually what we're

[Speaker 2] (24:52 - 24:58)
the permit you're put you want to pull what you're telling us the permit that you're looking to get and then what you're getting special

[Speaker 2] (24:57 - 24:59)
special permit is for a second unit, not

[Speaker 1] (24:59 - 25:00)
Yeah, but but

[Speaker 2] (25:00 - 25:01)
for a second story

[Speaker 1] (25:01 - 25:01)
no, but

[Speaker 2] (25:01 - 25:01)
that's

[Speaker 1] (25:01 - 25:02)
but that

[Speaker 2] (25:02 - 25:03)
on a single family

[Speaker 1] (25:03 - 25:14)
no p this is this is the the the miscommunication. We don't need from you a use permit. We by right have can p have a second unit in there.

[Speaker 2] (25:14 - 25:15)
Yeah.

[Speaker 1] (25:16 - 25:23)
The issue that comes to play theoretically would be under the balada, which is the extension

[Speaker 1] (25:24 - 25:30)
of the pre-existing non-conforming going laterally up, not being any closer to the exterior dimensionally.

[Speaker 1] (25:30 - 25:36)
So I decided to address it at this point because what we're doing is we're putting exterior walls on that building.

[Speaker 1] (25:36 - 25:48)
We're going up and therefore technically I think we needed to address Balada and I think technically we needed a finding so I included that in the section under 2273B.

[Speaker 2] (25:49 - 25:55)
Yes, so that that portion, the botanical portion in the finding is r very clear. Um

[Speaker 1] (25:55 - 25:56)
So

[Speaker 2] (25:56 - 25:56)
so

[Speaker 1] (25:56 - 25:56)
so

[Speaker 2] (25:56 - 25:56)
that

[Speaker 1] (25:56 - 25:57)
I don't need

[Speaker 2] (25:57 - 26:12)
I don't have a lot of questions on that. The questions that I have are um everything that you've presented to us is a special permit for um for and I understand that the use is as of right, but it's to build a second unit. And so the permit will be to build a second unit.

[Speaker 1] (26:12 - 26:14)
Now the permit at this point

[Speaker 1] (26:14 - 26:40)
It doesn't require its its I guess if we reframe nope no pun intended if we re re identify I don't need your permission to build a second unit I need your permission to do the lateral theoretically if I had this as a single family forget the the issue of the two family it's just a single family structure there was now going to be two stories

[Speaker 2] (26:43 - 26:43)
It's

[Speaker 1] (26:43 - 26:43)
That's

[Speaker 2] (26:43 - 26:44)
not it's

[Speaker 1] (26:44 - 26:44)
what we're

[Speaker 2] (26:44 - 26:44)
not

[Speaker 1] (26:44 - 26:44)
that's

[Speaker 2] (26:44 - 26:44)
it's

[Speaker 1] (26:44 - 26:45)
that's that's

[Speaker 2] (26:45 - 26:45)
not necessary

[Speaker 1] (26:45 - 26:56)
theoretically and then at some later point we decided we want to bifurcate this into two units we could do that so long as we had the necessary egress

[Speaker 1] (26:58 - 27:03)
That would be, and that wouldn't even come before the Board of Appeals because we have the right to have a second unit.

[Speaker 1] (27:04 - 27:07)
Generally what we find ourselves is when we go from a second to a third,

[Speaker 1] (27:07 - 27:09)
we need to get a special permit.

[Speaker 1] (27:10 - 27:10)
We're asking for relief.

[Speaker 1] (27:11 - 27:13)
That's not technically what's being done here.

[Speaker 2] (27:14 - 27:19)
I understand that you do not need a use, you do not need a use special permit.

[Speaker 1] (27:19 - 27:19)
Right.

[Speaker 2] (27:19 - 27:20)
But.

[Speaker 2] (27:20 - 27:25)
What you are doing is converting a single-family home into a two-family home.

[Speaker 1] (27:25 - 27:30)
No, I'm telling you what we're planning on doing, but we're not actually doing that.

[Speaker 1] (27:30 - 27:32)
We're just extending because it's exterior.

[Speaker 1] (27:32 - 27:37)
We're just going up so we can put those walls and a new roof in.

[Speaker 1] (27:38 - 27:41)
Then we're going to go back for the remainder of the financing, because

[Speaker 2] (27:41 - 27:41)
So then

[Speaker 1] (27:41 - 27:41)
now

[Speaker 2] (27:41 - 27:42)
you

[Speaker 1] (27:42 - 27:42)
we'll

[Speaker 2] (27:42 - 27:43)
can get it assessed at a higher value,

[Speaker 1] (27:43 - 27:43)
Right.

[Speaker 2] (27:43 - 27:50)
so that then when you do convert it to a two family, you have less than 50% of

[Speaker 1] (27:50 - 27:50)
That

[Speaker 2] (27:50 - 27:50)
of

[Speaker 1] (27:50 - 27:51)
that correct.

[Speaker 2] (27:51 - 27:52)
the cost.

[Speaker 1] (27:52 - 27:52)
That's

[Speaker 2] (27:52 - 27:52)
But

[Speaker 1] (27:52 - 27:52)
correct.

[Speaker 2] (27:52 - 27:53)
that is a

[Speaker 1] (27:53 - 27:54)
There's two parts. Is

[Speaker 2] (27:54 - 27:54)
skirting

[Speaker 1] (27:54 - 27:54)
that part?

[Speaker 2] (27:54 - 27:58)
of the of it's a little bit of a skirting of the um

[Speaker 1] (27:58 - 28:01)
Oh, it's not a skirting at all. It's as a matter of fact

[Speaker 1] (28:02 - 28:06)
Conceptually, and this is what was done on Humphrey Street, exactly what was done on Humphrey Street.

[Speaker 2] (28:06 - 28:12)
Humphrey Street was different because Humphrey Street renovated the existing building and then built their addition outside the floodplain.

[Speaker 2] (28:12 - 28:13)
They raised the addition.

[Speaker 1] (28:14 - 28:14)
So Right,

[Speaker 2] (28:14 - 28:14)
they

[Speaker 1] (28:14 - 28:15)
but

[Speaker 2] (28:15 - 28:15)
built they converted

[Speaker 1] (28:15 - 28:15)
because

[Speaker 2] (28:15 - 28:16)
the

[Speaker 1] (28:16 - 28:21)
that was on an area that had not yet been built on.

[Speaker 1] (28:21 - 28:26)
It was new construction over a non-existent foundation.

[Speaker 1] (28:26 - 28:30)
Therefore, the new foundation had to meet the criteria.

[Speaker 1] (28:31 - 28:34)
The original building, which was extended laterally, did not.

[Speaker 2] (28:36 - 28:36)
Correct.

[Speaker 1] (28:36 - 28:36)
Correct.

[Speaker 2] (28:36 - 28:38)
They didn't have to raise the front of the building.

[Speaker 1] (28:38 - 28:38)
No.

[Speaker 2] (28:38 - 28:40)
But they didn't

[Speaker 2] (28:41 - 28:44)
But they renovated the front of the building in

[Speaker 1] (28:44 - 28:44)
Correct.

[Speaker 2] (28:44 - 28:52)
two stages, and I understand the stages, but the stage was a completed project, and then an addition on to that completed project,

[Speaker 2] (28:52 - 28:53)
as opposed to

[Speaker 2] (28:55 - 28:56)
A framing

[Speaker 2] (28:57 - 29:09)
And then just basically it it is different in the sense that it was a livable occupiable building when it was finished and the front footprint didn't change and then an addition was put on. This

[Speaker 1] (29:09 - 29:10)
They something

[Speaker 2] (29:10 - 29:16)
is something where we're creating a large addition. It wasn't even that the front footprint it wasn't even that the footprint of the front house didn't change.

[Speaker 2] (29:16 - 29:19)
Nothing changed for the exterior they didn't build up either.

[Speaker 2] (29:20 - 29:21)
And then once that project

[Speaker 1] (29:21 - 29:21)
No,

[Speaker 2] (29:21 - 29:22)
was done

[Speaker 1] (29:22 - 29:25)
they they they they pushed the they pushed the building up

[Speaker 2] (29:25 - 29:27)
the the rear of the building had to

[Speaker 1] (29:27 - 29:27)
No,

[Speaker 2] (29:27 - 29:27)
be elevated.

[Speaker 1] (29:27 - 29:31)
no, the front as well. That went up. That was they they changed the roof line.

[Speaker 2] (29:31 - 29:38)
They changed the roof line a little bit. I guess my c my concern with this is that this is this is sort of a way to get around the

[Speaker 1] (29:38 - 29:38)
I

[Speaker 2] (29:38 - 29:38)
uh the

[Speaker 1] (29:38 - 29:39)
just

[Speaker 2] (29:39 - 29:39)
flooding requirements.

[Speaker 1] (29:39 - 29:49)
want you when you when you say it that way, it almost gives the sense I made a point of having this discussion with the building commissioner and Kristen McCaw before.

[Speaker 2] (29:51 - 29:52)
Yeah, I

[Speaker 1] (29:52 - 30:05)
and it was agreed that this would be an appropriate vehicle to do it because it was the building commissioner's position that he he felt very uncomfortable enforcing that this whole house he said

[Speaker 2] (30:05 - 30:05)
agree.

[Speaker 1] (30:05 - 30:07)
that he said that's that's ludicrous

[Speaker 2] (30:07 - 30:07)
It

[Speaker 1] (30:07 - 30:07)
now

[Speaker 2] (30:07 - 30:08)
doesn't make any sense

[Speaker 1] (30:08 - 30:10)
it didn't and he said

[Speaker 1] (30:11 - 30:13)
Because I'm the one who suggested,

[Speaker 1] (30:13 - 30:14)
I said, what about,

[Speaker 1] (30:14 - 30:23)
and that came to me from the prior building inspector who said this is what they're doing in order to accomplish the technical requirements under FEMA,

[Speaker 1] (30:24 - 30:29)
short of, short of in this particular case because it's so dramatic,

[Speaker 1] (30:29 - 30:38)
going to FEMA and saying we think you made a mistake in the flood zone map because this is truly not an area that's prone to excessive flooding.

[Speaker 1] (30:39 - 30:43)
that would be an expense that could not be incurred by my client but

[Speaker 3] (30:43 - 30:50)
Right. No, I agree that raising the building doesn't seem like a very feasible or wise investment.

[Speaker 1] (30:52 - 31:02)
I I take exception to the suggestion of trying to go around we did this as directly and as forthright as we possibly could I made this abundantly clear

[Speaker 1] (31:03 - 31:05)
to everyone, this was what we were doing.

[Speaker 3] (31:06 - 31:06)
Oh, I don't I

[Speaker 1] (31:06 - 31:06)
Okay,

[Speaker 3] (31:06 - 31:07)
don't think so.

[Speaker 1] (31:07 - 31:08)
I uh okay I I maybe I misconstrued.

[Speaker 3] (31:08 - 31:13)
suggesting that that I I'm not suggesting that you're using that you are um doing

[Speaker 1] (31:13 - 31:13)
Circumvent,

[Speaker 3] (31:13 - 31:28)
this yeah. secretly you're doing it very openly in in the for everyone to see that this is a stepped process to avoid meeting the requirements of the flood plain by doing this in a stepped way um and it's

[Speaker 3] (31:29 - 31:44)
It's something that I wasn't super comfortable when it was done the other time, but at least it was in a way where there was a full completed building permit that actually completed the units in the front of the building before and then the second step was elevated outside of the floodplain.

[Speaker 4] (31:44 - 31:45)
What is that other property?

[Speaker 3] (31:45 - 31:46)
That's the

[Speaker 4] (31:46 - 31:46)
Right.

[Speaker 3] (31:46 - 31:51)
property on um on Humphrey Street. It it's where uh big blue bargains used to be.

[Speaker 4] (31:52 - 31:52)
Okay.

[Speaker 3] (31:52 - 31:53)
It's just a new.

[Speaker 4] (31:53 - 31:53)
Yeah.

[Speaker 3] (31:53 - 31:53)
Okay. Yeah.

[Speaker 5] (31:53 - 31:54)
I was not sure what were you showing?

[Speaker 3] (31:54 - 31:57)
So does anybody else have any questions about the way this

[Speaker 3] (31:57 - 31:59)
is put together or

[Speaker 3] (32:02 - 32:11)
I I'm I'm wondering if it's just that it's the fact that it is a two-family and that that permit when I talked to the building inspector he said you can't build you can't pull a permit to make something into

[Speaker 1] (32:11 - 32:11)
I'm

[Speaker 3] (32:11 - 32:12)
a two family

[Speaker 1] (32:12 - 32:23)
not pulling a permit for the use yet because I'm not putting a second family in there yet. I'm just looking for a building permit that requires zoning relief.

[Speaker 1] (32:24 - 32:48)
or maybe it doesn't even require it, but it needed clarification. I I you know this is not one of the ones that I I wanted to apply and then take exception to the building inspector. It was it was their suggestion to me that because of the change in in the in the FEMA map the best approach would be to come before the board to have the dialogue which we're having tonight. Um

[Speaker 6] (32:51 - 32:51)
Hey, Heather.

[Speaker 3] (32:51 - 32:52)
Yeah, but

[Speaker 6] (32:52 - 32:54)
I mean,

[Speaker 6] (32:54 - 33:02)
it seems to me that we should just go along,

[Speaker 6] (33:02 - 33:04)
build your second story,

[Speaker 6] (33:04 - 33:06)
do that,

[Speaker 6] (33:06 - 33:12)
come back another time, and apply for the second unit,

[Speaker 6] (33:12 - 33:13)
as opposed

[Speaker 3] (33:13 - 33:13)
but he doesn't

[Speaker 6] (33:13 - 33:14)
to...

[Speaker 3] (33:14 - 33:17)
he doesn't need relief from us for the second use of a unit because the second unit he Right, can just come

[Speaker 6] (33:17 - 33:18)
I understand that.

[Speaker 3] (33:18 - 33:20)
yeah, so

[Speaker 3] (33:21 - 33:26)
I guess, I guess that's, that's the situation that, that what you

[Speaker 6] (33:26 - 33:27)
need It's

[Speaker 3] (33:27 - 33:27)
from

[Speaker 6] (33:27 - 33:27)
like even if

[Speaker 3] (33:27 - 33:36)
us you need is a parking relief for the second, for the, so if you weren't asking for the parking relief and you weren't asking for all these other things, you were just asking to build.

[Speaker 1] (33:37 - 33:43)
I wanted to come forward before the board in case any questions came up later on.

[Speaker 1] (33:44 - 33:46)
That we've met all the criteria.

[Speaker 1] (33:46 - 33:48)
There's some ambiguity here.

[Speaker 1] (33:48 - 33:55)
You could take the position in the parking that when this house was built, there was no requirement for off-street parking.

[Speaker 1] (33:55 - 33:57)
It didn't exist in the zoning bylaw.

[Speaker 1] (33:57 - 33:59)
The first zoning came into town,

[Speaker 1] (33:59 - 34:06)
there was no requirement. Therefore, there was zero parking that was required off-street.

[Speaker 1] (34:07 - 34:08)
By putting an additional unit,

[Speaker 1] (34:08 - 34:09)
you would then...

[Speaker 1] (34:10 - 34:23)
be required to have the one space. We already have two spaces which is what the requirement is, but I wanted to go over the parking scheme with you so you would know what it is, and therefore it would be sh being shown,

[Speaker 1] (34:23 - 34:26)
and therefore if if

[Speaker 1] (34:27 - 34:29)
an investor going into

[Speaker 1] (34:29 - 34:34)
funding this through through a lender would see that all of the steps were taken.

[Speaker 1] (34:35 - 34:37)
All the T's were crossed,

[Speaker 1] (34:37 - 34:38)
all the I's were dotted,

[Speaker 1] (34:38 - 34:39)
and that's what we're doing.

[Speaker 6] (34:40 - 34:42)
But can I jump in for

[Speaker 3] (34:42 - 34:43)
Yes.

[Speaker 6] (34:43 - 34:43)
a second?

[Speaker 6] (34:43 - 34:43)
I'm sorry.

[Speaker 6] (34:44 - 35:04)
It seems like, and can you be in super forthright and you're walking us all the way through what we're doing, but you're still really unfortunately based on a law passed us to be a part of, I don't know, duplicitous isn't the right word, be a part of circumventing.

[Speaker 6] (35:05 - 35:09)
The FEMA law, as absurd as the whole thing is.

[Speaker 6] (35:09 - 35:17)
And that's the problem, you know, just because we say it's so doesn't mean it's okay if someone wanted to challenge this.

[Speaker 6] (35:17 - 35:25)
They'll turn around, you know, they could turn around just because the building inspector gives you a permit doesn't mean that permit's any good if someone wants to challenge it.

[Speaker 6] (35:25 - 35:29)
And it's, you know, it looks nicer if we say okay,

[Speaker 6] (35:29 - 35:35)
but if someone's really bent on challenging this, they're saying wait a minute, you couldn't do this, you did this to avoid the 50.

[Speaker 6] (35:35 - 35:38)
of 51% and having to raise the foundation,

[Speaker 6] (35:39 - 35:41)
you know, the guy's stuck.

[Speaker 6] (35:41 - 35:50)
You're taking a chance that if somebody doesn't like this project, that their council looks at what's happened and says, you can't do that.

[Speaker 1] (35:51 - 35:52)
That's not exactly correct.

[Speaker 1] (35:52 - 35:54)
There's a 20-day appeal period.

[Speaker 1] (35:54 - 35:57)
If during the 20-day appeal period nobody appeals,

[Speaker 1] (35:57 - 35:58)
then the permit is valid.

[Speaker 1] (36:01 - 36:10)
We were willing to take and undergo this process because we believed in it, we were supported by it, there's no other home,

[Speaker 1] (36:10 - 36:12)
there's no other requirement,

[Speaker 1] (36:12 - 36:16)
it's not an area that's prone to flooding,

[Speaker 1] (36:16 - 36:18)
there's been no flooding there as far as Mr.

[Speaker 1] (36:18 - 36:22)
Volady knows and therefore we feel very comfortable.

[Speaker 1] (36:22 - 36:27)
We're willing to undertake that risk if you see it as a risk,

[Speaker 1] (36:27 - 36:28)
we don't.

[Speaker 1] (36:28 - 36:34)
You know, we've made a point of going through this with all the necessary parties,

[Speaker 1] (36:34 - 36:39)
all of the boards, we have one more board to go through after this, which is historical.

[Speaker 1] (36:39 - 36:54)
I mean, otherwise this project can't take place. There's no way that now every home that's now been redesignated that does any major work which is not substantial because substantial is the 51%.

[Speaker 1] (36:54 - 36:57)
would now fall under this proposal.

[Speaker 6] (36:57 - 36:57)
It

[Speaker 1] (36:57 - 37:00)
And that's not new.

[Speaker 1] (37:00 - 37:07)
We're not reinventing. This is an approach that has been taken by other building inspectors in other towns.

[Speaker 1] (37:07 - 37:08)
It was actually Mr.

[Speaker 1] (37:08 - 37:09)
Casper.

[Speaker 1] (37:10 - 37:17)
was the one who first brought this to my attention when I had a question about the House on Puritan and the work that was being done there.

[Speaker 1] (37:18 - 37:20)
You'll recall that one on 53 Puritan.

[Speaker 1] (37:20 - 37:23)
He said it's being done under this approach and this is okay.

[Speaker 1] (37:24 - 37:32)
And that's where I learned about it. And it went from Mr. Casper to the then building inspector and now this rich Baldacci.

[Speaker 6] (37:32 - 37:33)
All right.

[Speaker 1] (37:33 - 37:33)
And so this

[Speaker 3] (37:33 - 37:34)
Hang

[Speaker 1] (37:34 - 37:34)
is a...

[Speaker 3] (37:34 - 37:35)
on Ken Andy

[Speaker 6] (37:35 - 37:36)
I got another question.

[Speaker 6] (37:36 - 37:36)
Yeah.

[Speaker 6] (37:36 - 37:37)
So Heather,

[Speaker 6] (37:37 - 37:38)
I mean, just.

[Speaker 6] (37:38 - 37:40)
Just to clarify the zoning,

[Speaker 6] (37:40 - 37:54)
in single or two family houses where you don't need that third parking unit, you can have tandem spaces are acceptable or no,

[Speaker 6] (37:54 - 38:00)
you really can't have a tandem space so the car that's on the grass isn't really a legitimate space either.

[Speaker 3] (38:00 - 38:02)
Yeah, it's really a one it really only has one space

[Speaker 3] (38:03 - 38:07)
So and they need to so that's they're asking for relief on that as well

[Speaker 1] (38:07 - 38:08)
Well, it's...

[Speaker 6] (38:08 - 38:12)
Well, he's saying he's showing two but but the second what isn't legit

[Speaker 3] (38:12 - 38:29)
But the second one isn't legit yeah, it would only count when it's tandem like that It would count as if if you sit if you had one sing two single spaces and one of them and then a third Tandem for two units you'd say oh that third space is a real space because it goes with the one that's blocking the two cars are blocking other but when they're

[Speaker 3] (38:29 - 38:33)
Then two, those are just two spaces for one unit. They can't be used for two

[Speaker 6] (38:33 - 38:33)
Right.

[Speaker 3] (38:33 - 38:35)
different units because they're blocking each other.

[Speaker 1] (38:35 - 38:50)
You could take the position which is what I told you was an alternative position which that the first unit didn't need any off street. So we're just adding one space with the additional unit which is now the one space.

[Speaker 1] (38:51 - 38:56)
Because there was no parking requirement in 1924 when this house was built.

[Speaker 3] (38:56 - 38:59)
Right, but right now you just told me that these are the two spaces right

[Speaker 1] (38:59 - 38:59)
Right,

[Speaker 3] (38:59 - 38:59)
behind.

[Speaker 1] (38:59 - 39:00)
this is what we're using.

[Speaker 3] (39:00 - 39:00)
Yeah,

[Speaker 1] (39:00 - 39:00)
We're using

[Speaker 3] (39:00 - 39:01)
so these there are

[Speaker 1] (39:01 - 39:01)
two spaces

[Speaker 3] (39:01 - 39:01)
spaces.

[Speaker 1] (39:01 - 39:05)
are currently being used, and they work fine.

[Speaker 1] (39:05 - 39:06)
I'm telling you that too.

[Speaker 1] (39:07 - 39:07)
That's somewhat anecdotal

[Speaker 3] (39:07 - 39:08)
Yeah, with one

[Speaker 1] (39:08 - 39:08)
for

[Speaker 3] (39:08 - 39:08)
person.

[Speaker 1] (39:08 - 39:08)
Mr.

[Speaker 1] (39:08 - 39:10)
Flaherty's position as opposed to Mr.

[Speaker 1] (39:11 - 39:11)
Rose.

[Speaker 1] (39:11 - 39:14)
I'm telling you that's how they use it and it works fine.

[Speaker 3] (39:15 - 39:18)
Right, with one person living there, with not two separate families.

[Speaker 1] (39:18 - 39:19)
No, but right now...

[Speaker 1] (39:19 - 39:21)
There's two cars that are being parked there.

[Speaker 1] (39:21 - 39:28)
Doesn't necessarily mean that the person who's going to rent it understands that there may be no parking available

[Speaker 1] (39:28 - 39:32)
and you have the right to waive it if in fact that's a concern.

[Speaker 1] (39:32 - 39:41)
I mean all of this is important that you understand that there's a certain amount of flexibility that's not this rigidity and it gives us two ways of approaching it.

[Speaker 1] (39:41 - 39:44)
One is you don't even need another space.

[Speaker 2] (39:51 - 39:56)
Yeah, I don't think this is grandfathered once you add another unit or and I and there is a space there. So we can't pretend that space doesn't

[Speaker 1] (39:56 - 39:56)
No

[Speaker 2] (39:56 - 39:57)
exist.

[Speaker 1] (39:57 - 39:57)
no no no.

[Speaker 2] (39:57 - 40:07)
I think this is a situation where we'd have to decide as a board are we willing to waive the requirement for the two spaces and say that one space is enough. And and that would be where I think

[Speaker 2] (40:07 - 40:15)
That would be that the need for housing outweighs the parking requirements in our bylaw and then that would be the that

[Speaker 1] (40:15 - 40:15)
Well, it's

[Speaker 2] (40:15 - 40:16)
would be what someone would

[Speaker 1] (40:16 - 40:16)
obviously

[Speaker 2] (40:16 - 40:17)
so

[Speaker 1] (40:17 - 40:19)
very close to the train station,

[Speaker 1] (40:20 - 40:26)
which makes the placement of this home more attractive to somebody who doesn't own a car.

[Speaker 2] (40:27 - 40:28)
okay

[Speaker 3] (40:28 - 40:29)
Hey Heather?

[Speaker 3] (40:29 - 40:30)
Heather?

[Speaker 3] (40:31 - 40:45)
I would rather not waive the need for the parking space. I'd rather say okay on the tandem aspect because once you waive that,

[Speaker 3] (40:45 - 40:49)
you're going to have to set a precedent down the road where you may not want to be doing that.

[Speaker 3] (40:50 - 40:53)
You know, you've got to look at what we're saying here.

[Speaker 3] (40:54 - 40:55)
You know,

[Speaker 2] (40:55 - 40:55)
Uh...

[Speaker 3] (40:55 - 41:02)
but I think really Ken can say what he wants, you know, and I think he's been very upfront and everybody's trying to help him.

[Speaker 3] (41:02 - 41:12)
And it's but what he's really saying is just give me the permit and the 20 days goes by, I'm in the clear and I'm willing to live with that.

[Speaker 3] (41:13 - 41:14)
And so we either like this.

[Speaker 3] (41:15 - 41:18)
And I don't have any, I have no problem with what he's doing.

[Speaker 3] (41:18 - 41:20)
I mean, it's a little bungalow once they had a second story.

[Speaker 3] (41:21 - 41:25)
We can't even object to that if he wanted to do it as a single family home.

[Speaker 3] (41:26 - 41:27)
You're on street,

[Speaker 3] (41:27 - 41:30)
her on streets got plenty of two families there.

[Speaker 3] (41:30 - 41:36)
You know, it's just kind of a party to a little bit of a.

[Speaker 3] (41:37 - 41:38)
slight of hand not

[Speaker 2] (41:38 - 41:39)
Right. If it wasn't in the right flood zone,

[Speaker 2] (41:40 - 41:45)
you wouldn't think, and you were doing it all as one permit, you wouldn't think

[Speaker 3] (41:45 - 41:45)
if

[Speaker 2] (41:45 - 41:45)
to have a separate

[Speaker 3] (41:45 - 41:46)
there was no flood zone

[Speaker 2] (41:46 - 41:46)
project

[Speaker 3] (41:46 - 41:46)
issue this

[Speaker 2] (41:46 - 41:47)
as

[Speaker 3] (41:47 - 41:47)
would be

[Speaker 2] (41:47 - 41:47)
a

[Speaker 3] (41:47 - 41:48)
second it this

[Speaker 2] (41:48 - 41:48)
unit.

[Speaker 3] (41:48 - 42:01)
would be nothing it's just we're we're we're circumventing we are openly circumventing the floodplain because of the absurdity that the floodplain thinks it's it's there

[Speaker 2] (42:02 - 42:04)
So one other question.

[Speaker 2] (42:05 - 42:07)
for the landscape screening.

[Speaker 2] (42:09 - 42:11)
Is what relief do you need there? That's the other thing I need.

[Speaker 1] (42:11 - 42:12)
I didn't technically,

[Speaker 2] (42:12 - 42:12)
Okay, I don't

[Speaker 1] (42:12 - 42:13)
but need I

[Speaker 2] (42:13 - 42:13)
it either,

[Speaker 1] (42:13 - 42:13)
just,

[Speaker 2] (42:13 - 42:14)
but I just want to know if you thought

[Speaker 1] (42:14 - 42:14)
I

[Speaker 2] (42:14 - 42:14)
you did.

[Speaker 1] (42:14 - 42:19)
have a theory. I'll ask for it. If you don't think I require it, then we can waive it.

[Speaker 2] (42:19 - 42:20)
No,

[Speaker 1] (42:20 - 42:20)
If

[Speaker 2] (42:20 - 42:20)
because I

[Speaker 1] (42:20 - 42:20)
I don't

[Speaker 2] (42:20 - 42:20)
think that's

[Speaker 1] (42:20 - 42:21)
ask only for it,

[Speaker 2] (42:21 - 42:21)
for for

[Speaker 1] (42:21 - 42:21)
therefore it

[Speaker 2] (42:21 - 42:21)
a large

[Speaker 1] (42:21 - 42:21)
isn't

[Speaker 2] (42:21 - 42:21)
B.

[Speaker 1] (42:21 - 42:28)
advertised and therefore theoretically have to come back and amend my application for.

[Speaker 2] (42:28 - 42:28)
Yeah.

[Speaker 2] (42:28 - 42:29)
Okay,

[Speaker 2] (42:29 - 42:30)
so that you don't need.

[Speaker 2] (42:31 - 42:34)
You need the parking if you're building a two family,

[Speaker 2] (42:35 - 42:36)
but if you're building a two family,

[Speaker 2] (42:36 - 42:44)
you know, now you're going back to the, you're definitely circumventing this process.

[Speaker 1] (42:44 - 42:46)
You know, I'm sorry,

[Speaker 1] (42:46 - 42:49)
I hate the word circumventing. This is an approach.

[Speaker 2] (42:49 - 42:51)
I'm not saying you're doing it in a sneaky way,

[Speaker 2] (42:51 - 42:53)
I'm saying you are doing this two step

[Speaker 3] (42:53 - 42:53)
Can you, sir?

[Speaker 2] (42:54 - 42:55)
It doesn't have to be sneaky.

[Speaker 3] (42:55 - 42:56)
Sir, I'm venting.

[Speaker 1] (42:56 - 42:57)
No, I,

[Speaker 2] (42:57 - 42:57)
Yeah.

[Speaker 1] (42:57 - 42:57)
I, I'm

[Speaker 2] (42:57 - 43:08)
You're doing a two-step process to avoid raising the house, uh the flood plain, which we understand that you want to avoid because it's bec cost prohibitive. Unfortunately for us, cost it can't be a factor. Like that you know that.

[Speaker 1] (43:08 - 43:17)
I'm just, I'm just, I'm, I'm telling you the way it is. I'm telling you that that this way of doing it is is acceptable.

[Speaker 1] (43:18 - 43:22)
It is. It's been done. It's done all the time. I

[Speaker 4] (43:22 - 43:22)
But

[Speaker 1] (43:22 - 43:22)
can tell

[Speaker 4] (43:22 - 43:22)
this is

[Speaker 1] (43:22 - 43:23)
you that.

[Speaker 4] (43:23 - 43:24)
an example like It's you

[Speaker 1] (43:24 - 43:24)
not, it's not.

[Speaker 4] (43:24 - 43:31)
supplement the record with examples because I don't know what you're talking about. I just learned about whatever this Humphrey Street thing is.

[Speaker 4] (43:31 - 43:38)
Like I don't feel comfortable sitting here with anybody telling me this happens all the time when

[Speaker 4] (43:39 - 43:40)
I've never seen this

[Speaker 1] (43:40 - 43:40)
Well

[Speaker 4] (43:40 - 43:40)
letter.

[Speaker 1] (43:40 - 43:51)
it was brought to my I'm I'm telling you and this is anecdotally I'm telling you that that Max Casper explained this process to me when they did Puritan Road.

[Speaker 2] (43:51 - 43:52)
That was a former building commissioner.

[Speaker 4] (43:52 - 43:52)
Yep.

[Speaker 1] (43:52 - 44:00)
And and that was the way it's done because these type of isolated homes in areas that have been designated

[Speaker 1] (44:01 - 44:04)
No, no, no rehabilitation could ever be done in these homes.

[Speaker 1] (44:04 - 44:05)
It's just become impossible.

[Speaker 2] (44:06 - 44:06)
Okay.

[Speaker 1] (44:06 - 44:16)
So this is, the word approach sounds better to me than circumventing. To me the word circumventing means that I'm trying to avoid confronting it.

[Speaker 1] (44:16 - 44:18)
That's the last thing I'm trying to do.

[Speaker 1] (44:19 - 44:21)
That's not why I'm here.

[Speaker 1] (44:21 - 44:26)
I'm here to present to you an alternative way of approaching this.

[Speaker 1] (44:27 - 44:27)
And

[Speaker 2] (44:27 - 44:28)
Right.

[Speaker 1] (44:28 - 44:28)
that's what I'm trying

[Speaker 2] (44:28 - 44:34)
No, I understand. I understand what you're doing. And the reason it's it what it is is it's circumventing the need to raise the house.

[Speaker 1] (44:34 - 44:34)
Okay,

[Speaker 2] (44:34 - 44:35)
Is that good?

[Speaker 1] (44:35 - 44:35)
right. That's

[Speaker 2] (44:35 - 44:40)
Circumventing the need to raise the house. So we're not saying you're circumventing some, um,

[Speaker 2] (44:40 - 44:46)
yeah. So I think right now we only have four voters and you're probably going to want five.

[Speaker 2] (44:47 - 44:48)
I think

[Speaker 2] (44:49 - 44:56)
You need to bring us some examples, maybe outside of Somerscot, where this is the pathway forward to to get out of the flood plain.

[Speaker 1] (44:56 - 44:58)
I you know something, mrs mrs.

[Speaker 2] (44:58 - 45:02)
I think I need to talk a little more to Rich about the the reality of

[Speaker 1] (45:02 - 45:13)
I think I that I think is a good idea. If you feel that somehow the way I'm explaining to you the process that we're undergoing is less than is being somewhat circumspect.

[Speaker 1] (45:14 - 45:17)
That's your prerogative, and I'm more than willing to continue it and agree to that.

[Speaker 1] (45:18 - 45:21)
If in fact you take Mr. Rose's position,

[Speaker 1] (45:21 - 45:28)
which is somehow this is an attempt to circumvent, then I don't care. Everybody in the world could be stealing and it doesn't make it right.

[Speaker 1] (45:28 - 45:29)
if that's the way you view it.

[Speaker 2] (45:29 - 45:30)
No,

[Speaker 1] (45:30 - 45:30)
So

[Speaker 2] (45:30 - 45:34)
I don't, to circumvent, we're saying it's to circumvent raising the building.

[Speaker 1] (45:34 - 45:34)
Right. Okay.

[Speaker 2] (45:34 - 45:36)
We're not saying that it's circumcising

[Speaker 3] (45:36 - 45:37)
And that's what I'm saying,

[Speaker 2] (45:37 - 45:37)
the building.

[Speaker 3] (45:37 - 45:37)
too,

[Speaker 2] (45:37 - 45:37)
That's

[Speaker 3] (45:37 - 45:37)
Kendall.

[Speaker 2] (45:37 - 45:38)
exactly

[Speaker 3] (45:38 - 45:38)
I'm saying

[Speaker 2] (45:38 - 45:38)
what I'm

[Speaker 3] (45:38 - 45:39)
the same thing.

[Speaker 2] (45:39 - 45:40)
You're circumventing

[Speaker 3] (45:40 - 45:40)
I'm not saying anything

[Speaker 2] (45:40 - 45:41)
the need different. to raise the building,

[Speaker 1] (45:41 - 45:42)
Right.

[Speaker 2] (45:42 - 45:42)
and

[Speaker 1] (45:42 - 45:42)
I'm

[Speaker 2] (45:42 - 45:42)
you're doing

[Speaker 1] (45:42 - 45:42)
giving,

[Speaker 2] (45:42 - 45:43)
this two-step process

[Speaker 1] (45:43 - 45:43)
I

[Speaker 2] (45:43 - 45:44)
to do would that.

[Speaker 1] (45:44 - 45:44)
use the

[Speaker 2] (45:44 - 45:44)
Is

[Speaker 1] (45:44 - 45:44)
word.

[Speaker 2] (45:44 - 45:47)
that two-step process um...

[Speaker 2] (45:49 - 45:55)
Has that two-step process been codified in multiple examples of very similar type projects in multiple

[Speaker 1] (45:55 - 45:55)
It's

[Speaker 2] (45:55 - 45:55)
towns?

[Speaker 1] (45:55 - 45:58)
not been codified. I would never use the word codified.

[Speaker 1] (45:59 - 46:01)
It's been allowed.

[Speaker 1] (46:01 - 46:06)
And maybe it's been allowed for the same reason that I'm asking you to do it, because it makes sense.

[Speaker 1] (46:07 - 46:08)
Because if

[Speaker 3] (46:08 - 46:08)
Yeah, but...

[Speaker 1] (46:08 - 46:08)
you...

[Speaker 1] (46:10 - 46:11)
Mr. Rose, if

[Speaker 3] (46:11 - 46:11)
Yes.

[Speaker 1] (46:11 - 46:24)
you if you construe everything, then it the way it's in this bylaw, then you have little or no authority. It doesn't I think you have that authority. I think you can look outside the proverbial box when you view these.

[Speaker 1] (46:24 - 46:25)
That's what I'm asking you to

[Speaker 2] (46:25 - 46:25)
Right,

[Speaker 1] (46:25 - 46:25)
do.

[Speaker 2] (46:25 - 46:25)
understanding

[Speaker 1] (46:25 - 46:29)
And that's what other building inspectors who have made similar

[Speaker 2] (46:29 - 46:29)
Yeah.

[Speaker 1] (46:29 - 46:29)
determinations.

[Speaker 2] (46:30 - 46:30)
But

[Speaker 1] (46:30 - 46:30)
Let me

[Speaker 2] (46:30 - 46:31)
I understand.

[Speaker 1] (46:31 - 46:32)
see if we can spin it a different way.

[Speaker 2] (46:32 - 46:33)
But here, hang hang on a second.

[Speaker 1] (46:33 - 46:33)
Yeah.

[Speaker 2] (46:33 - 46:48)
A lot of this unfortunately is it's in this is this goes well beyond the Swampscott zoning by-law. Most of this portion is um dictated by um by the by FEMA. It's dictat by the s in state law.

[Speaker 1] (46:48 - 46:48)
Well,

[Speaker 2] (46:48 - 46:49)
Even

[Speaker 1] (46:49 - 46:49)
it's

[Speaker 2] (46:49 - 46:55)
if you need a variant if you want to vary from the floodplain rule you have to appeal to the state to do it. We aren't even allowed to do it.

[Speaker 1] (46:56 - 46:56)
No, I understand.

[Speaker 2] (46:56 - 46:58)
So this is a very so this isn't this

[Speaker 2] (46:59 - 47:02)
We have only the jurisdiction we have.

[Speaker 1] (47:02 - 47:07)
I'll tell you, I'll tell you, some of that jurisdiction is jurisdiction of the building commissioner.

[Speaker 1] (47:07 - 47:18)
I'm not putting the building commissioner in the position of doing it that way because generally oftentimes what happens is that the application for the building has a valuation.

[Speaker 1] (47:18 - 47:22)
And that's a valuation which is pretty arbitrary.

[Speaker 1] (47:23 - 47:24)
You know, what's it going to cost me to build out this?

[Speaker 1] (47:25 - 47:27)
And if that number is such,

[Speaker 1] (47:27 - 47:29)
the building commissioner can say fine,

[Speaker 1] (47:29 - 47:31)
and that's oftentimes the way it's done.

[Speaker 1] (47:32 - 47:37)
I'm not, I don't want to put the building commissioner in that position, because that's what they do.

[Speaker 1] (47:37 - 47:42)
You know, when they go and you pay, pull a permit, it costs you X number of dollars for the amount of construction,

[Speaker 1] (47:42 - 47:47)
and you don't think for a minute that everybody's telling you exactly what it's going to cost.

[Speaker 1] (47:47 - 47:49)
It's always a little bit less.

[Speaker 1] (47:49 - 47:57)
I'm not asking, because the building commissioner has 100% authority to decide whether the dollar amount that I'm presenting is

[Speaker 2] (47:57 - 47:57)
Okay.

[Speaker 3] (47:57 - 47:57)
Okay,

[Speaker 1] (47:57 - 47:57)
correct or

[Speaker 3] (47:57 - 47:57)
we're getting

[Speaker 1] (47:57 - 47:57)
not.

[Speaker 3] (47:57 - 47:58)
off topic

[Speaker 2] (47:58 - 47:58)
Yeah,

[Speaker 3] (47:58 - 47:58)
here,

[Speaker 2] (47:58 - 47:58)
yeah,

[Speaker 3] (47:58 - 47:59)
Ken.

[Speaker 2] (47:59 - 47:59)
yeah.

[Speaker 3] (47:59 - 48:00)
We're getting off topic here.

[Speaker 3] (48:00 - 48:07)
Look, the bottom line is you're asking us to look at the endgame and make this.

[Speaker 3] (48:08 - 48:10)
determination. We see why you're doing,

[Speaker 3] (48:10 - 48:21)
we don't have a problem why you're doing it. I don't think I'm saying my position is, of course, this should be a two family. If it wants to, of course, this is silly,

[Speaker 3] (48:21 - 48:25)
but we're stuck with this unlucky change in FEMA.

[Speaker 3] (48:26 - 48:38)
I would feel more comfortable. I'm not saying I'm not going forward with this, but I would feel more comfortable if instead of us trusting you, you trusting us, the lack of a better word, where we say, OK,

[Speaker 3] (48:38 - 48:43)
you can have your permit to go up and build your addition.

[Speaker 3] (48:44 - 48:46)
It's still a single family home.

[Speaker 3] (48:46 - 48:48)
And then when you're done with that,

[Speaker 3] (48:48 - 48:53)
come back to us sometime tomorrow, you know, another time and say,

[Speaker 3] (48:53 - 48:53)
gee.

[Speaker 3] (48:54 - 49:02)
Will you waive the parking and let me so I can do the two family and yeah,

[Speaker 3] (49:02 - 49:18)
you know, and do it that way as opposed to you're asking us to give you this thing in the future and I'm not saying that I'm not saying I will I will I wouldn't but I'm saying you're asking us to give you the thing in the future but

[Speaker 3] (49:19 - 49:21)
we there we're blatantly

[Speaker 3] (49:23 - 49:34)
you know circumventing you know phenom I mean that's the bottom line here no matter who wants to help you out and everybody does I think that's what we're doing but

[Speaker 2] (49:34 - 49:36)
What's your hesitation in doing what it's

[Speaker 3] (49:36 - 49:38)
but my conscience is clear I don't care

[Speaker 1] (49:38 - 49:39)
I think that's.

[Speaker 3] (49:38 - 49:55)
I think that's if if in fact you f you're more comfortable with that that would be we'll be back we'll come back after we do that and we'll we'll then go through the the formal process of of asking for two family and then

[Speaker 1] (49:55 - 49:55)
So

[Speaker 3] (49:55 - 49:55)
we'll

[Speaker 1] (49:55 - 49:55)
we

[Speaker 3] (49:55 - 49:55)
address

[Speaker 1] (49:55 - 49:59)
need to come back with a plan that is just to do the framing of this house.

[Speaker 3] (50:00 - 50:00)
I'm

[Speaker 1] (50:00 - 50:00)
Can

[Speaker 3] (50:00 - 50:00)
sorry,

[Speaker 1] (50:00 - 50:01)
you mean

[Speaker 3] (50:01 - 50:01)
I'm sorry.

[Speaker 1] (50:01 - 50:10)
come back with something that doesn't say you're building a two family come back with something that is building a the framing of a second story on a single family house and

[Speaker 3] (50:10 - 50:10)
No, we'll,

[Speaker 1] (50:10 - 50:10)
an apartment

[Speaker 3] (50:10 - 50:11)
we'll,

[Speaker 1] (50:11 - 50:11)
for

[Speaker 3] (50:11 - 50:11)
we'll

[Speaker 4] (50:11 - 50:11)
We

[Speaker 1] (50:11 - 50:11)
that.

[Speaker 3] (50:11 - 50:11)
wait.

[Speaker 4] (50:11 - 50:11)
could, Heather,

[Speaker 3] (50:11 - 50:12)
We'll wait.

[Speaker 4] (50:12 - 50:17)
I have no problem letting him say he waives his right to a second, you know, he,

[Speaker 4] (50:17 - 50:20)
you know, I let him clean up his permit like he wants to drop.

[Speaker 4] (50:20 - 50:24)
You know, stuff that he didn't have to put in there. He said, okay, look,

[Speaker 4] (50:24 - 50:33)
let's just give me a vote to let me have my ball or whatever it is, you know, let me have my expansion extension.

[Speaker 4] (50:36 - 50:37)
Yeah, that.

[Speaker 1] (50:37 - 50:39)
Yeah, the Balalta is for,

[Speaker 1] (50:39 - 50:45)
I know we haven't even discussed this, but for, I see this as kind of a classic Balalta where they're um not changing the footprint at all,

[Speaker 1] (50:45 - 50:54)
they're going upwards, um they're not increasing the non-conformity, then the um so for me that is classic and that would be the intention of

[Speaker 3] (50:54 - 50:54)
If

[Speaker 1] (50:54 - 50:54)
the

[Speaker 3] (50:54 - 50:55)
I'm, if I'm now going to.

[Speaker 1] (50:55 - 50:57)
bigger single family.

[Speaker 1] (50:57 - 51:14)
to yes with the extension to to and to be honest without the parking requirement the uses are sort of irrelevant to us because it's it's um you know so if that's what the if you're looking for relief on Balalta I can

[Speaker 1] (51:16 - 51:22)
that we can provide but the rest of it I would say

[Speaker 1] (51:23 - 51:24)
you'd have to come back.

[Speaker 3] (51:25 - 51:33)
I I'm not sure. I I heard what Mr Rose said, and I'm not sure that I are you concurring with Mr Rose or are you going I disagreeing

[Speaker 1] (51:33 - 51:34)
guess I'm agreeing

[Speaker 3] (51:34 - 51:34)
with Mr Rose.

[Speaker 1] (51:34 - 51:36)
that the relief you could get today

[Speaker 1] (51:36 - 51:45)
through us would be the Volata relief, the section six special permit that you the set the s uh it's actually would even be a section six finding, it wouldn't even be a special permit, that you would need

[Speaker 3] (51:45 - 51:46)
But you

[Speaker 1] (51:46 - 51:46)
you

[Speaker 3] (51:46 - 51:47)
you would have to couple that though

[Speaker 3] (51:49 - 51:53)
with with the variation of a floodplain because it's construction.

[Speaker 3] (51:54 - 51:59)
You can't bifurcate those two, they're they're hand in hand. What I'm not asking

[Speaker 1] (51:59 - 52:05)
Well, it wouldn't be, would it be a variation? It would just be um I don't think it would be a variation on the floodplain.

[Speaker 1] (52:06 - 52:08)
I think it would be called something different.

[Speaker 4] (52:13 - 52:26)
Yeah, but I'm fine. I'm fine giving, you know, anything related to not saying that you're going to turn it into a two-family house and spend a gazillion dollars more and you're trying to beat the 51%, I'm fine with that.

[Speaker 3] (52:26 - 52:29)
Right. Well, I'm fine with what Mr. Rowe said then.

[Speaker 4] (52:31 - 52:33)
But I'm just one person on

[Speaker 1] (52:33 - 52:33)
Yeah,

[Speaker 4] (52:33 - 52:34)
the board.

[Speaker 1] (52:34 - 52:35)
because all, anything for, if you want to vary,

[Speaker 1] (52:36 - 52:38)
if you're, if you're asking for the variation,

[Speaker 1] (52:38 - 52:38)
you need to.

[Speaker 1] (52:40 - 52:46)
from the floodplain you need to appeal to the state building so what you're asking for is

[Speaker 4] (52:51 - 52:57)
Because maybe you never come back, Ken, for a two family. Maybe he hits the lottery on his way home and says, I'm going to keep it as a single family home.

[Speaker 4] (52:57 - 52:59)
Who knows what happens tomorrow?

[Speaker 3] (53:02 - 53:04)
You've got to buy a lottery ticket first,

[Speaker 3] (53:04 - 53:04)
I think.

[Speaker 4] (53:05 - 53:06)
All right.

[Speaker 1] (53:10 - 53:18)
This just says the town of Swampskate requires a permit for all proposed construction or other development in the floodplain overlay district,

[Speaker 1] (53:18 - 53:21)
including new construction or changes to existing building placement.

[Speaker 1] (53:21 - 53:23)
So it does not say,

[Speaker 1] (53:23 - 53:27)
it is not to vary,

[Speaker 1] (53:27 - 53:28)
because

[Speaker 1] (53:30 - 53:31)
once you're varying you need to go to the state.

[Speaker 3] (53:32 - 53:42)
It's not a, this is not something you go before the state, we're not v the state building code uh Board of Appeals deals with the construction. We're n we're not I I

[Speaker 1] (53:42 - 53:43)
Deals with what did you say?

[Speaker 3] (53:43 - 53:52)
I'm saying with repeating following up on what you said, you said you could appeal you don't the only appeal that you would be taking if you were taking one

[Speaker 3] (53:52 - 53:54)
would be an appeal to FEMA.

[Speaker 3] (53:54 - 54:01)
You're not appealing to the state building code because we're not we're not asking for a variation in the construction. Um

[Speaker 3] (54:01 - 54:02)
Of the project.

[Speaker 1] (54:03 - 54:07)
Okay. Well, what we you listed on here was that you're asking for variation of floodplain wetland protection

[Speaker 3] (54:07 - 54:07)
I mean the

[Speaker 1] (54:07 - 54:08)
for

[Speaker 3] (54:08 - 54:08)
4280,

[Speaker 1] (54:08 - 54:09)
the district under 4280.

[Speaker 3] (54:09 - 54:10)
right.

[Speaker 1] (54:10 - 54:10)
4280

[Speaker 3] (54:10 - 54:11)
Right.

[Speaker 1] (54:11 - 54:18)
is variation to the building code floodplain standards. All requests for variations to the building code must be made to the Massachusetts State Building Code Appeals Board.

[Speaker 5] (54:19 - 54:25)
So 4280, in the most recent floodplain update,

[Speaker 5] (54:26 - 54:30)
I believe the variation by special permit was struck.

[Speaker 5] (54:30 - 54:31)
for a MARS zoning bylaw.

[Speaker 1] (54:32 - 54:40)
Right. And now it says variation to building code floodplain standards. All requests for variance to the building code must be made to the Massachusetts State Building Code Appeals Board.

[Speaker 4] (54:40 - 54:41)
But you're not making any can.

[Speaker 1] (54:41 - 54:42)
But you're not.

[Speaker 4] (54:42 - 54:42)
So this

[Speaker 1] (54:42 - 54:43)
So the sign.

[Speaker 4] (54:43 - 54:44)
is like a boot.

[Speaker 3] (54:44 - 54:44)
Okay.

[Speaker 4] (54:44 - 54:45)
They don't need this.

[Speaker 1] (54:45 - 54:49)
What we're under is 4241, which is permit requirements.

[Speaker 1] (54:49 - 54:51)
And it just says that the town of Swampshire requires a permit.

[Speaker 1] (54:52 - 54:58)
It actually doesn't even say a special permit for all proposed construction or other development. And so that's just your

[Speaker 3] (54:58 - 54:58)
Okay.

[Speaker 1] (54:58 - 54:59)
permit.

[Speaker 3] (54:59 - 55:22)
I would say this in the interest of candor the issue of seeking that floodplain variation was the suggestion made by the building commissioner when I met with him I want to make sure that everyone understands exactly what occurred I was unaware that this particular street

[Speaker 3] (55:23 - 55:29)
had been redesignated. It j it happened like a month or so before the application was in. He was the one who suggested

[Speaker 1] (55:29 - 55:34)
I understand so I I understand kind of where this all where so basically what it is is

[Speaker 1] (55:35 - 55:42)
as far as the building commissioner is concerned you can build you can pull your permit for your

[Speaker 1] (55:43 - 55:47)
for your framed structure that is part of your single-family house.

[Speaker 3] (55:47 - 55:47)
Okay.

[Speaker 1] (55:47 - 55:58)
Um and the only way that you would need th th and they just need to verify that that's less than fifty percent of the um costs and that happens in the permitting process,

[Speaker 3] (55:58 - 55:58)
Right.

[Speaker 1] (55:58 - 56:09)
not in a special permit process that happens through the building commissioner. So he's the one who makes that determination that your construction costs are less than fifty percent of the value. And so I think from this board what you can get from us is a section six.

[Speaker 1] (56:09 - 56:16)
special permit and if you want to come back when you decide you're going to convert this into a two-family home, you can come back and ask for the parking requirement.

[Speaker 3] (56:16 - 56:16)
Is

[Speaker 1] (56:16 - 56:16)
Parking.

[Speaker 3] (56:16 - 56:18)
that is that your understanding Kristen?

[Speaker 4] (56:20 - 56:25)
And come back after he gets a nice new assessment too, and so you're in the in the clear.

[Speaker 4] (56:25 - 56:31)
Or don't c you know, maybe you never come back. You know, you say you're coming back, but you might not, so just

[Speaker 3] (56:31 - 56:32)
I wouldn't

[Speaker 4] (56:32 - 56:32)
let's

[Speaker 3] (56:32 - 56:32)
miss the opportunity

[Speaker 4] (56:32 - 56:33)
take this and go.

[Speaker 1] (56:35 - 56:36)
Yes I think from this

[Speaker 1] (56:37 - 56:46)
board at this time with the information we have, the section six um is and it would be a finding under Volata that you are not

[Speaker 3] (56:47 - 56:53)
So at that point, we wouldn't require any relief for parking.

[Speaker 3] (56:53 - 56:56)
Did you make the determination with regard to screening?

[Speaker 1] (56:57 - 56:58)
Screen that you were that you

[Speaker 3] (56:58 - 57:00)
Okay, so we that that you that's not if

[Speaker 1] (57:00 - 57:02)
you're not building a two-family home

[Speaker 3] (57:02 - 57:05)
if we're just if we're just going up I I didn't I didn't think screening

[Speaker 1] (57:05 - 57:09)
You don't need the screening anyway. You don't need the screening because you don't have enough units. So the screen is only

[Speaker 3] (57:09 - 57:09)
Okay, okay.

[Speaker 1] (57:09 - 57:09)
only anyway.

[Speaker 3] (57:09 - 57:10)
So fine

[Speaker 1] (57:10 - 57:14)
The um the and if we're taking the two-family

[Speaker 3] (57:14 - 57:18)
Can you make a finding then that that screening under the circumstances are not

[Speaker 3] (57:19 - 57:21)
We're not required to do any additional screening.

[Speaker 3] (57:21 - 57:24)
I don't think the fact that you're one or two changes the screening.

[Speaker 3] (57:24 - 57:26)
I just, just the project alone,

[Speaker 3] (57:27 - 57:31)
if you said that the screening plan that was shown is adequate,

[Speaker 3] (57:31 - 57:33)
then I'm fine.

[Speaker 3] (57:34 - 57:36)
I just didn't want to come back

[Speaker 4] (57:36 - 57:37)
So

[Speaker 3] (57:37 - 57:37)
as

[Speaker 4] (57:37 - 57:39)
just as per the plans.

[Speaker 3] (57:39 - 57:39)
per

[Speaker 4] (57:39 - 57:40)
Look,

[Speaker 3] (57:40 - 57:40)
the plan.

[Speaker 4] (57:40 - 57:42)
you'll slip it in when you write the decision,

[Speaker 4] (57:42 - 57:42)
Ken.

[Speaker 4] (57:42 - 57:43)
Don't worry about it.

[Speaker 3] (57:43 - 57:44)
Okay.

[Speaker 1] (57:44 - 57:51)
No, I honestly I don't want to give any wagers that you're th that you're not getting that you're not entitled to or don't need um because if things

[Speaker 3] (57:51 - 57:52)
Well, can you make a finding I don't need

[Speaker 1] (57:52 - 57:52)
the So

[Speaker 3] (57:52 - 57:54)
two requirements? I mean, I just

[Speaker 1] (57:54 - 57:56)
So you you said you

[Speaker 3] (57:56 - 57:56)
I'm

[Speaker 1] (57:56 - 57:56)
need

[Speaker 3] (57:56 - 57:57)
a belt and suspenders person.

[Speaker 1] (57:57 - 57:57)
I

[Speaker 3] (57:57 - 57:58)
If I don't need

[Speaker 1] (57:58 - 57:58)
I'm

[Speaker 3] (57:58 - 57:58)
it

[Speaker 1] (57:58 - 58:09)
telling you what you asked for was general landscaping screening requirement waived under three three four oh. Three three four oh is um the waiver portion of um of

[Speaker 1] (58:10 - 58:18)
the three three zero zero landscape screening requirements. And it specifically talks about screening requirements um that in

[Speaker 1] (58:18 - 58:37)
basically for property lines between non-residential and residential uses, which this is a residential use, um off street parking facilities containing six or more spaces, you don't have even two we're not sure of, um and um refuse disposal dumpsters, which you don't have any dumpsters proposed. So I'm

[Speaker 3] (58:37 - 58:37)
So you

[Speaker 1] (58:37 - 58:42)
not going to say you're waived from any screening because you don't need that waiver. If you put a dumpster out there, you're gonna have to screen it.

[Speaker 3] (58:42 - 58:43)
Okay.

[Speaker 1] (58:43 - 58:44)
So I I don't wanna All waive something

[Speaker 3] (58:44 - 58:46)
So you don't you don't think that

[Speaker 3] (58:46 - 58:48)
that that's that we have to even address the

[Speaker 1] (58:48 - 58:48)
If you if

[Speaker 3] (58:48 - 58:49)
screening

[Speaker 1] (58:49 - 58:52)
you somehow squeeze six faces back there you're gonna have to screen them you're not getting away

[Speaker 3] (58:52 - 58:52)
okay

[Speaker 1] (58:52 - 58:52)
so

[Speaker 3] (58:52 - 58:54)
we've had the discussion

[Speaker 4] (58:54 - 58:54)
Okay,

[Speaker 3] (58:54 - 58:54)
what

[Speaker 4] (58:54 - 58:55)
let's go.

[Speaker 3] (58:55 - 59:01)
we'd love to do but at this point you don't think screening is even is even necessary okay fine

[Speaker 1] (59:02 - 59:11)
what we should do is rather than continue you would rather have you would rather have the finding on the section six special permit

[Speaker 3] (59:13 - 59:17)
Can we last I just I feel uncomfortable without

[Speaker 1] (59:17 - 59:18)
Yeah, sorry.

[Speaker 3] (59:18 - 59:20)
what walking away from this issue of the floodplain.

[Speaker 3] (59:20 - 59:23)
I want some clarification.

[Speaker 3] (59:23 - 59:34)
I thought the building commissioner had indicated to me that I needed now if I only needed to address it because I was going to be using it now or requesting to be using it now as a two family.

[Speaker 1] (59:34 - 59:39)
and that's what he told when we initiated the conversation,

[Speaker 1] (59:39 - 59:42)
I thought that was what the sticking point was.

[Speaker 1] (59:43 - 59:47)
I think we at least have to address because the project,

[Speaker 1] (59:47 - 59:49)
even as a one-family expansion,

[Speaker 1] (59:49 - 59:56)
with the framing, isn't going to change the use, and therefore, the only built permit we're requesting.

[Speaker 1] (59:57 - 59:59)
would be for the exterior,

[Speaker 1] (59:59 - 1:00:01)
because that's all we could afford anyway,

[Speaker 1] (1:00:03 - 1:00:06)
and it's going to be less than the fifty one percent then

[Speaker 1] (1:00:09 - 1:00:10)
we'll we should be fine.

[Speaker 1] (1:00:11 - 1:00:11)
Is

[Speaker 2] (1:00:11 - 1:00:11)
that Yes.

[Speaker 1] (1:00:11 - 1:00:12)
your

[Speaker 2] (1:00:12 - 1:00:13)
Suzanne.

[Speaker 2] (1:00:13 - 1:00:14)
I

[Speaker 3] (1:00:14 - 1:00:14)
just Yes.

[Speaker 2] (1:00:14 - 1:00:15)
called the valet. Oh, okay. Alright, we just have to wait.

[Speaker 1] (1:00:15 - 1:00:17)
Well, I can I can I can I can wait.

[Speaker 2] (1:00:17 - 1:00:18)
Yeah, we just have to wait.

[Speaker 1] (1:00:21 - 1:00:22)
It's a commercial break.

[Speaker 2] (1:02:31 - 1:02:32)
And it says banana.

[Speaker 4] (1:02:32 - 1:02:32)
Mm.

[Speaker 2] (1:03:24 - 1:03:24)
Oh.

[Speaker 2] (1:03:25 - 1:03:26)
So um

[Speaker 1] (1:03:26 - 1:03:27)
Are we back on the record?

[Speaker 2] (1:03:27 - 1:03:28)
we're back on, yes. So

[Speaker 2] (1:03:30 - 1:03:53)
in looking through the um floodplain um permitting, there's instructions on how if you need to vary, and then everything else is just a building permit. It never mentions where you would have a special permit based on that. So it's the building permit from the commissioner, and he's the one who's in charge of making sure that all of these things are met.

[Speaker 2] (1:03:54 - 1:03:57)
is your permit. It's not the zoning board.

[Speaker 1] (1:03:58 - 1:04:06)
That's fine with me. I just thought, from my initial discussion with the building commissioner and our senior town planner,

[Speaker 1] (1:04:06 - 1:04:13)
that I had to file for a section 4.2.8.0 floodplain.

[Speaker 1] (1:04:14 - 1:04:19)
So, and for that reason, that was the reason they said I should be here tonight.

[Speaker 1] (1:04:20 - 1:04:21)
was for that.

[Speaker 1] (1:04:23 - 1:04:25)
But if you think otherwise,

[Speaker 1] (1:04:26 - 1:04:28)
that's fine as well.

[Speaker 1] (1:04:30 - 1:04:34)
And you know, you the this is the boy that's ultimately going to make the final decision.

[Speaker 2] (1:04:34 - 1:04:35)
Right.

[Speaker 1] (1:04:35 - 1:04:43)
The the only other aspect and this is outside of your jurisdiction would be the building commissioner and that would be based upon

[Speaker 1] (1:04:44 - 1:04:58)
The application now is a single family with the work that we want to do, which is just adding the exterior shell and the fact that the exterior shell will be less than fifty one percent of the assessed value of the real estate. So that we'll do it that way.

[Speaker 2] (1:04:58 - 1:05:02)
Correct. He the the building commissioner is the enforcer for the right

[Speaker 1] (1:05:02 - 1:05:03)
Well, he's also

[Speaker 2] (1:05:03 - 1:05:03)
the

[Speaker 1] (1:05:03 - 1:05:03)
the

[Speaker 2] (1:05:03 - 1:05:03)
right

[Speaker 1] (1:05:03 - 1:05:03)
gatekeeper

[Speaker 2] (1:05:03 - 1:05:04)
set.

[Speaker 1] (1:05:04 - 1:05:06)
of of the pr building permit and

[Speaker 2] (1:05:06 - 1:05:06)
Right.

[Speaker 1] (1:05:06 - 1:05:12)
he's the one who is in charge of fulfilling the obligations under the FEMA flood zone map.

[Speaker 1] (1:05:13 - 1:05:14)
So yes.

[Speaker 2] (1:05:14 - 1:05:38)
Right, so and if for some reason um he reaches out and sends you back here, I am sure that like they would and you had to resubmit for that, for som for something that we're not giving you, I'm sure that um they would wave the fee for coming back and back to this meeting again if it's a mistake that we made. But I don't believe that you need you definitely haven't presented information for a variation.

[Speaker 2] (1:05:39 - 1:05:51)
Um and we can't provide variation um which is what's checked and then the next would be special permit which there is no method for giving a special permit in this section of the by-law. Only a building permit, which would be through

[Speaker 1] (1:05:51 - 1:06:00)
It's kind of I it's kind of ironic maybe that's something the planning board should pick up on in terms of refining its own zoning by-law because of of the way it's construed by

[Speaker 1] (1:06:01 - 1:06:03)
Both the board, myself and the building commissioner,

[Speaker 2] (1:06:03 - 1:06:03)
Right.

[Speaker 1] (1:06:03 - 1:06:06)
'cause I j I was just following his his lead.

[Speaker 2] (1:06:06 - 1:06:14)
Yeah. No, and I think that um some of it is because this is a lot of uh stuff that's been dropped down pulled down from state level

[Speaker 2] (1:06:15 - 1:06:22)
code as opposed to, and it's all been re you know rewritten re relatively recently. Um alright, so um

[Speaker 2] (1:06:23 - 1:06:29)
I would ask that someone make a motion for a um section six finding um

[Speaker 5] (1:06:29 - 1:06:31)
I'll do that.

[Speaker 6] (1:06:31 - 1:06:31)
Okay.

[Speaker 2] (1:06:31 - 1:06:31)
Okay.

[Speaker 6] (1:06:31 - 1:06:33)
Com before we get there,

[Speaker 6] (1:06:34 - 1:06:35)
my question was

[Speaker 6] (1:06:38 - 1:06:40)
We've gone through so many different things here.

[Speaker 6] (1:06:40 - 1:06:53)
What are we actually being asked to do? Because what it sounds like to me is what we're being asked to do is inconsistent with the documents we have in front of us. And so are we creating a record that demonstrates,

[Speaker 6] (1:06:54 - 1:06:57)
and I hate to use the language that everybody hates, but the circumventing of FEMA.

[Speaker 6] (1:06:58 - 1:07:10)
Like, I know that's not what's happening here, but if we I'm looking at a page in here that says floor plan, new unit two, this application folder talks about it being a two family if

[Speaker 1] (1:07:10 - 1:07:10)
But

[Speaker 6] (1:07:10 - 1:07:10)
we're the going

[Speaker 1] (1:07:10 - 1:07:21)
only relief that if assuming you're going to grant the relief that I I hear it's only going to be the relief for the limited purpose of providing the one family

[Speaker 2] (1:07:21 - 1:07:21)
Right.

[Speaker 1] (1:07:21 - 1:07:22)
and not the two family.

[Speaker 5] (1:07:22 - 1:07:23)
Right.

[Speaker 6] (1:07:23 - 1:07:23)
But that's

[Speaker 5] (1:07:23 - 1:07:24)
The motion

[Speaker 2] (1:07:24 - 1:07:24)
what they have.

[Speaker 5] (1:07:24 - 1:07:24)
that

[Speaker 2] (1:07:24 - 1:07:24)
Yeah,

[Speaker 5] (1:07:24 - 1:07:24)
the

[Speaker 2] (1:07:24 - 1:07:24)
yeah.

[Speaker 5] (1:07:24 - 1:07:25)
motion.

[Speaker 6] (1:07:25 - 1:07:25)
It's showing it's

[Speaker 2] (1:07:25 - 1:07:26)
So I'll

[Speaker 6] (1:07:26 - 1:07:26)
a family.

[Speaker 2] (1:07:26 - 1:07:27)
Oh, so I'll cover

[Speaker 1] (1:07:27 - 1:07:27)
So it's

[Speaker 2] (1:07:27 - 1:07:27)
that.

[Speaker 1] (1:07:27 - 1:07:28)
like I can ask.

[Speaker 2] (1:07:28 - 1:07:47)
Hang on Ken. So that often happens. Sometimes people will have like very elaborate plans and with a let's say like there's and there's things that get changed and moved in the process and then the it's the decision and they're wording in the decision so we're saying we're we're

[Speaker 2] (1:07:48 - 1:07:57)
not giving you the the parking. We're not giv we're not basically giving you any of the two family um we're only saying that if the structure stays within

[Speaker 2] (1:07:57 - 1:08:01)
The footprint of the current structure it fall structure it falls under Belmont and we

[Speaker 6] (1:08:01 - 1:08:01)
Which

[Speaker 2] (1:08:01 - 1:08:02)
can find

[Speaker 6] (1:08:02 - 1:08:02)
is the amount

[Speaker 2] (1:08:02 - 1:08:02)
that that

[Speaker 6] (1:08:02 - 1:08:02)
the

[Speaker 2] (1:08:02 - 1:08:03)
a little bit bigger that

[Speaker 6] (1:08:03 - 1:08:04)
just glides through this one.

[Speaker 2] (1:08:04 - 1:08:16)
bit better there you're allowed. Um we won't there won't be anything to say as built in the plans because the plans show something that's not even being built because it shows all the walls, it shows all the bedrooms and, you know, it shows people

[Speaker 1] (1:08:16 - 1:08:17)
Right. Well, right.

[Speaker 1] (1:08:18 - 1:08:24)
That was that's the full at the end of the end of the day what ultimately we would like to see.

[Speaker 1] (1:08:25 - 1:08:25)
The

[Speaker 2] (1:08:25 - 1:08:25)
Oh.

[Speaker 1] (1:08:25 - 1:08:30)
application was only asking itself for the for the exterior shell.

[Speaker 1] (1:08:31 - 1:08:38)
That's all. And at this point we are withdrawing that portion of the application that in any way addresses.

[Speaker 1] (1:08:39 - 1:08:44)
the second unit as a second freestanding separate viable unit.

[Speaker 2] (1:08:44 - 1:08:44)
All

[Speaker 6] (1:08:44 - 1:08:44)
Bless

[Speaker 2] (1:08:44 - 1:08:45)
right.

[Speaker 6] (1:08:45 - 1:08:45)
you.

[Speaker 2] (1:08:45 - 1:08:53)
And blessing. And if you could include that, 'cause you're gonna draft this the decision, if you include the withdrawal of all the other um requests in your document,

[Speaker 1] (1:08:53 - 1:08:53)
Right.

[Speaker 2] (1:08:53 - 1:08:54)
that would be great.

[Speaker 1] (1:08:54 - 1:09:05)
I'll also indicate that there was dialogue, we had this discussion, as a result of that we have with now withdrawn that portion to be consistent with our application which is now for the single family.

[Speaker 1] (1:09:05 - 1:09:08)
extension of the exterior walls going vertically.

[Speaker 2] (1:09:11 - 1:09:13)
Okay. All right. And Andy wants to make the motion.

[Speaker 5] (1:09:14 - 1:09:28)
I'm happy to because Ken's going to write the decision that we're going to provide the applicant with a Section 6 finding to allow him to permit the vertical extension and construction consistent with Balalta.

[Speaker 2] (1:09:38 - 1:09:39)
which is inconsistent,

[Speaker 1] (1:09:39 - 1:09:39)
not granting

[Speaker 2] (1:09:39 - 1:09:40)
which is inconsistent,

[Speaker 1] (1:09:40 - 1:09:43)
right we're not granting relief for any of that

[Speaker 3] (1:09:44 - 1:09:44)
Okay.

[Speaker 3] (1:09:45 - 1:09:46)
All right, do we have a second?

[Speaker 3] (1:09:47 - 1:09:48)
All right, all in favor?

[Speaker 3] (1:09:49 - 1:09:49)
Aye.

[Speaker 3] (1:09:49 - 1:09:51)
Aye. And Andy's a no.

[Speaker 1] (1:09:52 - 1:09:52)
Yep

[Speaker 3] (1:09:53 - 1:10:00)
All right, thank you. So you'll have your relief of a Section 6 finding.

[Speaker 3] (1:10:03 - 1:10:04)
Thank you.

[Speaker 4] (1:10:10 - 1:10:18)
I don't know. I don't know if you're better off after me going second. I think, you know, just the vacuum in the room will probably do you well.

[Speaker 4] (1:10:20 - 1:10:22)
Here, this will make it easier for you.

[Speaker 1] (1:10:22 - 1:10:22)
Thank you.

[Speaker 3] (1:10:22 - 1:10:27)
So we're going to move on to petition number 2603,

[Speaker 3] (1:10:30 - 1:10:30)
which

[Speaker 4] (1:10:30 - 1:10:30)
And,

[Speaker 3] (1:10:30 - 1:10:31)
is

[Speaker 4] (1:10:31 - 1:10:31)
you know.

[Speaker 3] (1:10:33 - 1:10:39)
which is 56 Puritan Road. And my understanding is that Susan needs to be off of this one.

[Speaker 5] (1:10:39 - 1:10:39)
Yeah.

[Speaker 3] (1:10:39 - 1:10:40)
Is that okay? But Mark is back on.

[Speaker 3] (1:10:41 - 1:10:42)
Yay.

[Speaker 1] (1:10:42 - 1:10:44)
So that leaves us only with four,

[Speaker 3] (1:10:44 - 1:10:45)
Mark

[Speaker 1] (1:10:45 - 1:10:45)
what,

[Speaker 3] (1:10:45 - 1:10:48)
is back on, yeah, so we still have four. So if you can hang on until.

[Speaker 3] (1:10:49 - 1:10:51)
And this, have you looked at this one?

[Speaker 1] (1:10:52 - 1:10:55)
Uh yep, I was the uh when he was here before, yeah.

[Speaker 3] (1:10:57 - 1:10:58)
Or wait, he wasn't here before.

[Speaker 4] (1:10:58 - 1:10:58)
This is this

[Speaker 6] (1:10:58 - 1:10:58)
This

[Speaker 3] (1:10:58 - 1:10:59)
is Yeah.

[Speaker 4] (1:10:59 - 1:10:59)
for

[Speaker 6] (1:10:59 - 1:10:59)
is

[Speaker 4] (1:10:59 - 1:10:59)
someone

[Speaker 6] (1:10:59 - 1:10:59)
this is

[Speaker 4] (1:10:59 - 1:10:59)
else.

[Speaker 6] (1:10:59 - 1:10:59)
a different building,

[Speaker 4] (1:10:59 - 1:11:00)
Yes.

[Speaker 1] (1:11:00 - 1:11:00)
Oh,

[Speaker 6] (1:11:00 - 1:11:00)
right?

[Speaker 3] (1:11:00 - 1:11:00)
This is

[Speaker 1] (1:11:00 - 1:11:04)
this is a different one, okay, yeah, I mean I read this thing, I s I mistakenly

[Speaker 4] (1:11:04 - 1:11:04)
It's

[Speaker 1] (1:11:04 - 1:11:04)
because

[Speaker 4] (1:11:04 - 1:11:05)
across the

[Speaker 1] (1:11:05 - 1:11:05)
I saw the

[Speaker 4] (1:11:05 - 1:11:05)
street from their building.

[Speaker 1] (1:11:05 - 1:11:06)
there.

[Speaker 6] (1:11:06 - 1:11:07)
Is there is there

[Speaker 1] (1:11:07 - 1:11:07)
across Yep, I

[Speaker 6] (1:11:07 - 1:11:09)
is it I? I mistakenly thought it was that one at first too.

[Speaker 4] (1:11:09 - 1:11:09)
I couldn't find

[Speaker 1] (1:11:09 - 1:11:10)
Right,

[Speaker 4] (1:11:10 - 1:11:10)
that

[Speaker 6] (1:11:10 - 1:11:10)
I

[Speaker 1] (1:11:10 - 1:11:10)
I

[Speaker 4] (1:11:10 - 1:11:10)
street

[Speaker 1] (1:11:10 - 1:11:10)
mean just

[Speaker 4] (1:11:10 - 1:11:10)
either.

[Speaker 1] (1:11:10 - 1:11:14)
I was I was going by the petitioner so I thought it was the same one, I'm sorry.

[Speaker 6] (1:11:14 - 1:11:15)
I

[Speaker 1] (1:11:15 - 1:11:15)
But

[Speaker 6] (1:11:15 - 1:11:15)
did

[Speaker 1] (1:11:15 - 1:11:15)
yes.

[Speaker 6] (1:11:15 - 1:11:18)
the same thing indeed that until I looked at it online.

[Speaker 6] (1:11:18 - 1:11:19)
Okay, so

[Speaker 1] (1:11:19 - 1:11:21)
Okay, I get dinner reservations at 8.15,

[Speaker 1] (1:11:21 - 1:11:22)
so let's giddy up.

[Speaker 6] (1:11:22 - 1:11:23)
Let's make it quick.

[Speaker 7] (1:11:23 - 1:11:24)
So it's approved?

[Speaker 7] (1:11:24 - 1:11:24)
Is that what you're saying?

[Speaker 7] (1:11:24 - 1:11:25)
We just go?

[Speaker 1] (1:11:25 - 1:11:25)
No,

[Speaker 7] (1:11:25 - 1:11:26)
All

[Speaker 1] (1:11:26 - 1:11:26)
and

[Speaker 7] (1:11:26 - 1:11:26)
right.

[Speaker 1] (1:11:26 - 1:11:27)
it can be denied,

[Speaker 1] (1:11:27 - 1:11:27)
Justice.

[Speaker 6] (1:11:28 - 1:11:33)
All right, so quickly do you want to just explain what your project

[Speaker 7] (1:11:33 - 1:11:33)
Yes.

[Speaker 6] (1:11:33 - 1:11:34)
would be?

[Speaker 7] (1:11:34 - 1:11:38)
As you can see the existing, if you're looking at the renderings, the existing

[Speaker 7] (1:11:39 - 1:11:57)
Has a side entrance on the right of the building. That goes in right now and I'm looking for relief to be able to put the entrance in the front of the building. Um primarily the the main reason for me is there's to the right of that right now one conference in there. It's wide enough where

[Speaker 7] (1:11:58 - 1:12:06)
you can't fit two cars and parking's always an issue over there. Um so I'm trying to put a front door here, make it

[Speaker 7] (1:12:07 - 1:12:32)
look like it's been there and kind of fits in with the existing building so I can pick up that space on the right hand side for parking 'cause parking is really a big issue down there for me, especially 'cause I have the fifty five Puritan as well across the street. That's gonna be a while before I get that going. Um but I really it's you know, I really need the parking. With this weather we've had too, it's just it's even crazier.

[Speaker 8] (1:12:32 - 1:12:34)
Is that garage yours or

[Speaker 7] (1:12:34 - 1:12:35)
That garage is mine too, yeah.

[Speaker 8] (1:12:35 - 1:12:36)
Is it go with

[Speaker 7] (1:12:36 - 1:12:36)
It

[Speaker 8] (1:12:36 - 1:12:36)
this?

[Speaker 7] (1:12:36 - 1:12:37)
goes with the other building.

[Speaker 8] (1:12:38 - 1:12:39)
To the

[Speaker 7] (1:12:39 - 1:12:39)
To

[Speaker 8] (1:12:39 - 1:12:39)
right.

[Speaker 7] (1:12:39 - 1:12:42)
58, yes, which I I own that building as well.

[Speaker 8] (1:12:43 - 1:12:50)
So is, are you looking for that parking in front of that garage to be for 56 and 53?

[Speaker 7] (1:12:50 - 1:12:52)
Right now that's what we're doing now anyway.

[Speaker 7] (1:12:52 - 1:12:54)
So but only one car fits in there.

[Speaker 7] (1:12:56 - 1:12:57)
Um so I'd I just like to have it

[Speaker 7] (1:12:58 - 1:13:07)
wider so I can fit two cars even when people are turning on that street they pull in there, even if you're visiting it's very difficult. There's just no parking there.

[Speaker 3] (1:13:07 - 1:13:08)
Oh, there you

[Speaker 8] (1:13:08 - 1:13:08)
Yeah.

[Speaker 3] (1:13:08 - 1:13:08)
go.

[Speaker 8] (1:13:09 - 1:13:09)
Mm-hmm. So

[Speaker 6] (1:13:09 - 1:13:14)
No, I think that makes sense. I think that's actually a good solution. Um and

[Speaker 1] (1:13:14 - 1:13:14)
Can

[Speaker 6] (1:13:14 - 1:13:14)
we have

[Speaker 1] (1:13:14 - 1:13:17)
go back to the elevation for a second?

[Speaker 6] (1:13:17 - 1:13:18)
Yeah.

[Speaker 8] (1:13:19 - 1:13:20)
So you're the butter.

[Speaker 7] (1:13:20 - 1:13:21)
Yes.

[Speaker 6] (1:13:21 - 1:13:21)
Yeah.

[Speaker 7] (1:13:22 - 1:13:23)
I'm okay with it.

[Speaker 4] (1:13:23 - 1:13:24)
Yeah.

[Speaker 7] (1:13:24 - 1:13:25)
I'm cool with it.

[Speaker 6] (1:13:25 - 1:13:27)
because the only thing

[Speaker 1] (1:13:27 - 1:13:27)
Hey,

[Speaker 6] (1:13:27 - 1:13:27)
we have talk

[Speaker 1] (1:13:27 - 1:13:28)
Heather,

[Speaker 6] (1:13:28 - 1:13:31)
about is proposed B with the overhangs

[Speaker 7] (1:13:31 - 1:13:31)
Yeah,

[Speaker 6] (1:13:31 - 1:13:31)
creating

[Speaker 7] (1:13:31 - 1:13:32)
I like

[Speaker 6] (1:13:32 - 1:13:32)
non

[Speaker 7] (1:13:32 - 1:13:32)
them both,

[Speaker 6] (1:13:32 - 1:13:33)
conformity

[Speaker 7] (1:13:33 - 1:13:33)
but you know.

[Speaker 6] (1:13:33 - 1:13:37)
so we would have to go with A which didn't have that overhang that's the only

[Speaker 1] (1:13:39 - 1:13:40)
can I make a comment?

[Speaker 3] (1:13:41 - 1:13:41)
Yes.

[Speaker 1] (1:13:41 - 1:13:45)
Just the single window on this first floor is killing me.

[Speaker 1] (1:13:46 - 1:13:47)
You know, it's like.

[Speaker 1] (1:13:48 - 1:13:52)
Would it look better if they were like two of them just like they were but you know,

[Speaker 7] (1:13:52 - 1:13:52)
I

[Speaker 1] (1:13:52 - 1:13:53)
I it's

[Speaker 7] (1:13:53 - 1:13:56)
can't really fit two because what happens is, I mean I could,

[Speaker 7] (1:13:57 - 1:14:01)
but I don't think it's going to really make it look any better if I squish them together because I tried that.

[Speaker 7] (1:14:01 - 1:14:02)
I kind of like...

[Speaker 1] (1:14:02 - 1:14:05)
almost like I'd rather have it in the middle, you know centered

[Speaker 1] (1:14:06 - 1:14:11)
But I'm just but if nobody cares it's just I'm just looking at it

[Speaker 1] (1:14:12 - 1:14:13)
Don't bother me but

[Speaker 1] (1:14:14 - 1:14:14)
That's

[Speaker 3] (1:14:14 - 1:14:14)
If it

[Speaker 1] (1:14:14 - 1:14:14)
okay.

[Speaker 3] (1:14:14 - 1:14:15)
was a bigger window,

[Speaker 3] (1:14:15 - 1:14:16)
would that work?

[Speaker 7] (1:14:16 - 1:14:17)
Um,

[Speaker 3] (1:14:17 - 1:14:17)
Why can't

[Speaker 9] (1:14:17 - 1:14:17)
it's

[Speaker 3] (1:14:17 - 1:14:17)
it?

[Speaker 9] (1:14:17 - 1:14:19)
two separate units there of

[Speaker 7] (1:14:19 - 1:14:19)
yeah,

[Speaker 9] (1:14:19 - 1:14:19)
the same size.

[Speaker 7] (1:14:19 - 1:14:20)
it's it's no,

[Speaker 7] (1:14:20 - 1:14:25)
the the second door goes up and I mean,

[Speaker 1] (1:14:25 - 1:14:27)
You got the stairs inside blocking

[Speaker 7] (1:14:27 - 1:14:27)
the yeah,

[Speaker 1] (1:14:27 - 1:14:29)
panel out of it or something.

[Speaker 7] (1:14:29 - 1:14:29)
yeah.

[Speaker 7] (1:14:29 - 1:14:32)
I mean, anything can be done, but at a

[Speaker 9] (1:14:32 - 1:14:34)
I agree a second window would look better.

[Speaker 1] (1:14:36 - 1:14:37)
What's that mark

[Speaker 9] (1:14:37 - 1:14:38)
I agree with you, Andy,

[Speaker 9] (1:14:38 - 1:14:40)
that a second window would give it a little symmetry and...

[Speaker 1] (1:14:40 - 1:14:47)
So so you can put a second window in and have it be a false window I mean I hate to make you spend more money but

[Speaker 1] (1:14:49 - 1:14:56)
You know just put the window in and go right by it on the inside sheetrocket put a shade inside and call it a day

[Speaker 7] (1:14:57 - 1:14:59)
I wouldn't do a fake window.

[Speaker 7] (1:15:00 - 1:15:01)
Personally,

[Speaker 6] (1:15:01 - 1:15:01)
I think

[Speaker 7] (1:15:01 - 1:15:01)
I mean

[Speaker 6] (1:15:01 - 1:15:04)
removing the shutters from the bottom window would help.

[Speaker 7] (1:15:04 - 1:15:10)
I was going to do that because that's where it looks claustrophobic, but you can see it's kind of claustrophobic as it is.

[Speaker 7] (1:15:11 - 1:15:14)
But I thought about removing the shutters so it doesn't look so tight.

[Speaker 7] (1:15:16 - 1:15:18)
And I thought about putting a window there myself,

[Speaker 7] (1:15:18 - 1:15:22)
but it doesn't, you know, the window that's there aligns with the window above.

[Speaker 7] (1:15:22 - 1:15:23)
That looks nice.

[Speaker 3] (1:15:24 - 1:15:24)
Mm.

[Speaker 7] (1:15:24 - 1:15:25)
I thought about

[Speaker 3] (1:15:25 - 1:15:25)
Yeah,

[Speaker 7] (1:15:25 - 1:15:25)
putting I

[Speaker 3] (1:15:25 - 1:15:26)
it does.

[Speaker 7] (1:15:26 - 1:15:32)
thought about putting the door in alignment with the window above as well but

[Speaker 7] (1:15:33 - 1:15:40)
in doing the renderings this version looked nicer where it's symmetrical but I wouldn't

[Speaker 1] (1:15:40 - 1:15:40)
Yeah,

[Speaker 7] (1:15:40 - 1:15:40)
be I

[Speaker 1] (1:15:40 - 1:15:42)
that's what I'm trying to continue

[Speaker 7] (1:15:42 - 1:15:43)
know yeah

[Speaker 1] (1:15:43 - 1:15:44)
on the symmetry,

[Speaker 1] (1:15:44 - 1:15:44)
because I'm

[Speaker 7] (1:15:44 - 1:15:44)
I mean

[Speaker 1] (1:15:44 - 1:15:45)
relentlessly

[Speaker 7] (1:15:45 - 1:15:52)
I can look at a version where I align the top window as it is like exactly where that window is I can put the door there

[Speaker 1] (1:15:54 - 1:15:56)
I don't think you need to move the door. I think it's either,

[Speaker 1] (1:15:57 - 1:15:58)
it's the window,

[Speaker 1] (1:15:58 - 1:16:00)
the doors, I mean, the

[Speaker 7] (1:16:00 - 1:16:02)
It you know if you

[Speaker 1] (1:16:02 - 1:16:04)
two doors left and right look great, look fine.

[Speaker 7] (1:16:04 - 1:16:15)
if I put another window there it would for me it'd have to be a real window and the issue is that's the only wall you kind of got left to put a couch because it's a very small 600 square foot one bed

[Speaker 7] (1:16:16 - 1:16:20)
And that's kind of the only area where it overlaps a little bit on that window.

[Speaker 7] (1:16:20 - 1:16:24)
And then he has like a TV on that side, on the opposite side.

[Speaker 3] (1:16:25 - 1:16:27)
Maybe sheetrock it

[Speaker 9] (1:16:27 - 1:16:27)
I don't know.

[Speaker 3] (1:16:27 - 1:16:28)
He's he's saying

[Speaker 7] (1:16:28 - 1:16:29)
I know,

[Speaker 7] (1:16:29 - 1:16:29)
I don't know.

[Speaker 7] (1:16:30 - 1:16:30)
I don't,

[Speaker 3] (1:16:30 - 1:16:31)
Are

[Speaker 7] (1:16:31 - 1:16:31)
I mean,

[Speaker 3] (1:16:31 - 1:16:37)
you are you doing like all the trim work that we're seeing here on proposed proposal a and are you changing the color of the building as well is

[Speaker 7] (1:16:37 - 1:16:37)
eventually

[Speaker 3] (1:16:37 - 1:16:38)
that

[Speaker 7] (1:16:38 - 1:16:39)
I will, yeah.

[Speaker 7] (1:16:39 - 1:16:40)
Yeah.

[Speaker 7] (1:16:40 - 1:16:41)
I don't.

[Speaker 7] (1:16:42 - 1:16:44)
You like the way it looks now,

[Speaker 7] (1:16:44 - 1:16:45)
so eventually I would

[Speaker 1] (1:16:47 - 1:16:49)
I don't know why I have a, with a fake window.

[Speaker 1] (1:16:49 - 1:16:50)
It's the windows there,

[Speaker 1] (1:16:50 - 1:16:55)
it's in the exterior wall and on the inside it's sheet rock you never saw.

[Speaker 1] (1:16:55 - 1:16:56)
It's fine.

[Speaker 1] (1:16:56 - 1:16:59)
But that's just, I put plenty of them in.

[Speaker 1] (1:17:04 - 1:17:05)
But look,

[Speaker 1] (1:17:05 - 1:17:07)
I don't want to get lost on this either.

[Speaker 1] (1:17:07 - 1:17:08)
You know,

[Speaker 3] (1:17:08 - 1:17:08)
As

[Speaker 1] (1:17:08 - 1:17:08)
so

[Speaker 3] (1:17:08 - 1:17:08)
you're setting up

[Speaker 1] (1:17:08 - 1:17:09)
if

[Speaker 3] (1:17:09 - 1:17:09)
dinner I would

[Speaker 1] (1:17:09 - 1:17:09)
nobody

[Speaker 3] (1:17:09 - 1:17:09)
like to

[Speaker 1] (1:17:09 - 1:17:09)
else,

[Speaker 3] (1:17:09 - 1:17:10)
give him right, one minute.

[Speaker 6] (1:17:11 - 1:17:11)
You're late.

[Speaker 1] (1:17:11 - 1:17:13)
if no, if nobody, if nobody feels

[Speaker 9] (1:17:13 - 1:17:13)
Why

[Speaker 1] (1:17:13 - 1:17:13)
has

[Speaker 9] (1:17:13 - 1:17:13)
don't you want to give

[Speaker 1] (1:17:13 - 1:17:14)
any feeling

[Speaker 9] (1:17:14 - 1:17:14)
him the discretion

[Speaker 1] (1:17:14 - 1:17:14)
about.

[Speaker 9] (1:17:14 - 1:17:15)
to do it either way?

[Speaker 3] (1:17:16 - 1:17:16)
Yeah,

[Speaker 3] (1:17:16 - 1:17:21)
I actually think taking the shutters off and...

[Speaker 6] (1:17:23 - 1:17:29)
I don't know. I think it already looks bet it's already an improvement to be honest with the tre the actual trim around the door instead of

[Speaker 3] (1:17:29 - 1:17:29)
Mm-hmm.

[Speaker 6] (1:17:29 - 1:17:29)
instead of having

[Speaker 9] (1:17:29 - 1:17:29)
Dressing

[Speaker 6] (1:17:29 - 1:17:30)
no trail

[Speaker 9] (1:17:30 - 1:17:30)
it up a little bit.

[Speaker 6] (1:17:30 - 1:17:35)
and it it's already improving so I'm okay with it. I just definitely would lose the shutters.

[Speaker 9] (1:17:35 - 1:17:39)
But we could give them we could give them the discretion to put up to two windows on that first floor.

[Speaker 6] (1:17:39 - 1:17:40)
On the first floor, yeah.

[Speaker 6] (1:17:40 - 1:17:40)
If

[Speaker 7] (1:17:40 - 1:17:40)
Okay.

[Speaker 9] (1:17:40 - 1:17:42)
you respectively, you know, as best you can.

[Speaker 1] (1:17:42 - 1:17:47)
Right, 'cause on the first floor he's only gotta hat one side a shutter. That looks terrible,

[Speaker 9] (1:17:47 - 1:17:47)
Yeah,

[Speaker 1] (1:17:47 - 1:17:47)
too.

[Speaker 6] (1:17:47 - 1:17:47)
Yeah,

[Speaker 9] (1:17:47 - 1:17:47)
that's

[Speaker 6] (1:17:47 - 1:17:49)
well that's just because of the rendering.

[Speaker 3] (1:17:49 - 1:17:50)
The

[Speaker 8] (1:17:50 - 1:18:01)
Right. And I will also note that if or when you apply for a demolition permit, it will be triggered for review from the Historical Commission.

[Speaker 8] (1:18:01 - 1:18:02)
So they might have some thoughts

[Speaker 9] (1:18:02 - 1:18:03)
Yeah, they on might have some comments.

[Speaker 8] (1:18:03 - 1:18:05)
the windows as well.

[Speaker 8] (1:18:05 - 1:18:13)
So giving some discretion on how that looks might help the process if it if the Historical Commission has comments on that also.

[Speaker 3] (1:18:13 - 1:18:14)
Okay. Thank you. That's good.

[Speaker 1] (1:18:14 - 1:18:15)
I'm fine with that.

[Speaker 3] (1:18:15 - 1:18:16)
All right.

[Speaker 6] (1:18:16 - 1:18:29)
So and I think when we but and other than that we are people comfortable with the landing as far as it's still not coming out quite as far as the other landing it's still closer.

[Speaker 9] (1:18:29 - 1:18:30)
Yep.

[Speaker 6] (1:18:30 - 1:18:33)
So again does that fall under just a finding?

[Speaker 9] (1:18:37 - 1:18:37)
I think so.

[Speaker 6] (1:18:37 - 1:18:39)
I would say that falls under a finding.

[Speaker 3] (1:18:41 - 1:18:48)
That the new nonconformity is is not more detrimental than the and that is that you're not creating a new nonconformity.

[Speaker 4] (1:18:48 - 1:18:48)
Mm-hmm.

[Speaker 3] (1:18:50 - 1:18:51)
All right.

[Speaker 3] (1:18:55 - 1:18:56)
All right. Would anybody like to make a motion on this one?

[Speaker 9] (1:18:58 - 1:18:59)
Does anybody else have a report?

[Speaker 8] (1:19:02 - 1:19:02)
I'm out.

[Speaker 3] (1:19:02 - 1:19:03)
Oh yeah.

[Speaker 3] (1:19:04 - 1:19:06)
I'll fumble through it. Yeah, you can do it. You should do it.

[Speaker 9] (1:19:06 - 1:19:07)
All right.

[Speaker 9] (1:19:08 - 1:19:10)
If I can just help you open it. I don't know if you want to use one of those.

[Speaker 8] (1:19:11 - 1:19:14)
I mean, happy to I'm happy to draft it.

[Speaker 8] (1:19:15 - 1:19:17)
Happy to fumble through it. Yeah.

[Speaker 6] (1:19:18 - 1:19:18)
Oh, you see.

[Speaker 8] (1:19:18 - 1:19:24)
I'll look it over for you. Um so on petition 2603

[Speaker 1] (1:19:31 - 1:19:33)
uh is a a

[Speaker 1] (1:19:35 - 1:19:36)
special permit

[Speaker 1] (1:19:38 - 1:19:40)
No, it's a section six finding.

[Speaker 2] (1:19:40 - 1:19:41)
Section six finding,

[Speaker 1] (1:19:41 - 1:19:41)
Section

[Speaker 2] (1:19:41 - 1:19:41)
yes. Section

[Speaker 1] (1:19:41 - 1:19:41)
six

[Speaker 2] (1:19:41 - 1:19:41)
six finding

[Speaker 1] (1:19:41 - 1:19:42)
finding.

[Speaker 2] (1:19:42 - 1:19:43)
is under Balota.

[Speaker 1] (1:19:43 - 1:19:44)
Under Balota.

[Speaker 1] (1:19:45 - 1:19:53)
where the pre-existing nonconformity, the extension of that is not, is not

[Speaker 3] (1:19:53 - 1:19:54)
Of being increased.

[Speaker 1] (1:19:54 - 1:19:56)
being increased.

[Speaker 1] (1:19:57 - 1:20:00)
Does not s is it

[Speaker 4] (1:20:00 - 1:20:01)
Is not more d detrimental.

[Speaker 1] (1:20:01 - 1:20:08)
is not more detrimentally um detrimental to the neighbourhood than the current condition.

[Speaker 1] (1:20:13 - 1:20:13)
Do you have a second?

[Speaker 5] (1:20:13 - 1:20:21)
And you want to you want to give discretion to have up to two windows on that first floor looking for them to be symmetrical or as

[Speaker 5] (1:20:23 - 1:20:25)
may be required by the historic district.

[Speaker 1] (1:20:27 - 1:20:28)
Sure. With the

[Speaker 6] (1:20:28 - 1:20:29)
Historical Commission.

[Speaker 1] (1:20:30 - 1:20:30)
Yes.

[Speaker 5] (1:20:30 - 1:20:30)
Excuse me.

[Speaker 5] (1:20:31 - 1:20:32)
I always

[Speaker 1] (1:20:32 - 1:20:32)
That's

[Speaker 5] (1:20:32 - 1:20:32)
get that

[Speaker 1] (1:20:32 - 1:20:33)
all I was gonna say.

[Speaker 5] (1:20:33 - 1:20:33)
wrong.

[Speaker 1] (1:20:34 - 1:20:36)
With the condition

[Speaker 1] (1:20:37 - 1:20:39)
that the applicant

[Speaker 1] (1:20:41 - 1:20:53)
has some discretion to put up to two symmetrical windows on the first floor can, you know, with the potential input of the historical the Swamscott Historical Commission.

[Speaker 6] (1:20:56 - 1:20:56)
Excellent.

[Speaker 1] (1:20:56 - 1:20:56)
How's that?

[Speaker 5] (1:20:56 - 1:20:57)
I'll second that.

[Speaker 1] (1:20:59 - 1:21:02)
Um and the one other thing is that we're talking about proposed A_ proposed

[Speaker 5] (1:21:02 - 1:21:03)
Oh yeah.

[Speaker 1] (1:21:03 - 1:21:05)
A on the rather than B_

[Speaker 1] (1:21:06 - 1:21:08)
proposed A on the.

[Speaker 1] (1:21:09 - 1:21:13)
remitted remitted by the applicant with the application.

[Speaker 5] (1:21:14 - 1:21:15)
Okay, second.

[Speaker 6] (1:21:16 - 1:21:17)
All in favor?

[Speaker 5] (1:21:17 - 1:21:17)
Aye.

[Speaker 1] (1:21:17 - 1:21:18)
Aye.

[Speaker 7] (1:21:18 - 1:21:18)
Aye.

[Speaker 6] (1:21:19 - 1:21:20)
And is aye.

[Speaker 6] (1:21:20 - 1:21:21)
All right.

[Speaker 6] (1:21:21 - 1:21:22)
Thank you so much.

[Speaker 7] (1:21:22 - 1:21:22)
Great.

[Speaker 8] (1:21:22 - 1:21:23)
Thank you.

[Speaker 5] (1:21:23 - 1:21:23)
Welcome.

[Speaker 6] (1:21:23 - 1:21:24)
Thanks.

[Speaker 6] (1:21:24 - 1:21:25)
Good luck.

[Speaker 8] (1:21:25 - 1:21:26)
He's going to be late for the age 15,

[Speaker 8] (1:21:26 - 1:21:27)
I'm sorry.

[Speaker 7] (1:21:27 - 1:21:28)
Yep.

[Speaker 6] (1:21:28 - 1:21:28)
All

[Speaker 7] (1:21:28 - 1:21:28)
Thanks.

[Speaker 6] (1:21:28 - 1:21:28)
right.

[Speaker 7] (1:21:28 - 1:21:29)
It's okay.

[Speaker 6] (1:21:29 - 1:21:30)
Motion to adjourn.

[Speaker 6] (1:21:31 - 1:21:31)
So

[Speaker 8] (1:21:31 - 1:21:31)
Thanks,

[Speaker 6] (1:21:31 - 1:21:32)
moved.

[Speaker 8] (1:21:32 - 1:21:32)
guys.

[Speaker 6] (1:21:32 - 1:21:33)
Do we have a second?

[Speaker 6] (1:21:34 - 1:21:35)
All favor

[Speaker 1] (1:21:35 - 1:21:35)
I

[Speaker 9] (1:21:35 - 1:21:36)
I'll second

[Speaker 6] (1:21:36 - 1:21:36)
alright.

[Speaker 9] (1:21:36 - 1:21:36)
it.

[Speaker 6] (1:21:36 - 1:21:37)
All right.

[Speaker 9] (1:21:37 - 1:21:37)
Thanks.

[Speaker 6] (1:21:37 - 1:21:38)
Thanks

[Speaker 9] (1:21:38 - 1:21:39)
Thanks, guys.

[Speaker 6] (1:21:39 - 1:21:39)
Take care.

[Speaker 9] (1:21:39 - 1:21:39)
Yeah.

[Speaker 9] (1:21:39 - 1:21:39)
Bye.