comes up by number and then we will ask the applicant to make a brief presentation to members of will read the material written insurance that have been submitted so please just try to summarize the highlights of your presentation  the board may or may not ask you some questions at that point if there are clear about things that are in the application will then have the have an opportunity for members of the audience who may wish to speak generally speaking  first hear in favor of the are in support of the application and then those who are opposed or just wish to express some kind of concern about it the board may ask questions of the people speak i would ask the applicants and anybody else who speaks to stand at the microphone  stand at the podium so that we can have a good public record of of what happens here and are is there a sign in sheet sixteen dash six which is the applicant is mirabelle coverage all i have to pronunciation correct the applicant seeks a special permit under section three point three of the zoning bylaw to operate a family day care home at one fifty five beach street located in a general residence zoning district this matter is continued last year and because the applicant wasn't present is the applicant here tonight alone just give us a brief we've highlighted what and good evening my name is matthew bell kind of belmar resident for fifteen years and i live on one five beaches street i have been providing child care for over three years in my home and last year at the end of last year i received a letter from the part of the bellman that i need to request a special permit and i would like to ask you if you can please provide that to me i kept being blessed who have families coming over and i kept can be a help for them to racists and take care of their children i have them in my home as my own and with that i have been able to provide for my family and especially take care of my own daughter so you you're you're applying for a special permit for a family daycare which is six or fewer children yes i just be clear on that and how many children do you have living with you who will be part of the program leaving with me are there no money they are all coming from aid to fight that it's up family child care ok and use conditions will be that you file copy of your state law yes with their department of education is running low we professional license or and so they were like last month they came to me in april to finally do the renewal because i was up to the summer was my last day of work you know to the license so they call me before that and said you know we are we're working on this at very you she's very happy with it and she's happy because now in my home i'm taking care of the property and she's happy that i'm there any changes or any if you know anything that need to be fixed i'm there to open the door so that she's very happy and she and the same i use the town the town feel and i also use th yes you know thank god i ever bought is my neighbor so everybody walk to my house i haven't had any issues with their parking it's pretty pretty easy in the morning like at eight am i how one family can mean with but with the car we actually have a spaces so the second floor have their own spaces and we can not attend them they usually need to go back and forth with the with the car keys and everything now we have our own space never had a problem like i said i've been doing it for three over the three years and not issue at all and i have like i said to parking spots for my family and my husband leave to work at six am so i'm pretty pretty good about  at least two years and we use or now we have more than more so we have a full time nanny but she is my backup often and i never had a problem with barking or now you know the next one we're going to take out of we're going to shift things around as you know bob we're waiting for one more member to arrive and then you'll have a full five to your application so the next one will be which is the application of eddie and sonic the applicant speaks a special permit under section one point five of the zoning bylaw to expand an existing deck the minimum required for setback is twenty five point six the existing a proposed r twenty five point three at one fifty five dean street located in a single residency zoning district anything redeeming our current deck is eight by twelve and we have family of four and we like the barbecue it's raised ranch home so we have to climb down ten stairs which is no big deal at the moment but my parents who are over eighty sometimes visit us it's big trouble for them to go go down and i figure out we planning to grow old in this home it's really you know it could mean a to go up and down the stairs so we would like to expand our deck a little bit more not significantly more to three because right now the sub box shape of the house with the small appendage of the porch would look nicer but a little nicer open open deck and finally just to mention that all of my neighbors support my expansion no one expressed concern thank you ok question of the existing deck is with the roofs over it is yes on the second floor it's on the second floor yes you know that where your kitchen is is yes the decks of that's good to know and then just on the question the mineral required rear setback the letter indicator was thirty the notices indicated that it's twenty five point twenty five point six is that because i mean and the third story addition is a new one storey volume over the existing sun room and basement level garage on the board that we have a letter of support from neighbors at one forty nine watched copies of it here features and thank and i will summarize the story height and side yard issues and we can talk a bit about the additional photographs that were taken of a neighboring properties that have a similar addition the story height issue it's an existing non conforming three and a half story house because the basement counts as a story due to poverty however the gable with low second floor ceilings an attic space and the direction the slope with the street make the second floor or the third floor in this case seem like a second  floor the addition has a lower roof than the egg than either neighbor and is worth noting that the linear height of the new addition is plus or minus twenty seven feet depending on where you take the measurement from and this is eight feet below the allowed requirement yards for a setback relative to one forty five washington street is existing non conforming because the house was built in one thousand thirty and it extends over that setback line the addition itself is entirely within the footprint of the existing or the basement of a garage and the sun room the back yard portion of this addition extends point three feet about four inches over the step back when on that side of the house giving us the nine point seven setback requirement that we're seeking a special permit for and finally the last part of our submission package is our images of adjoining properties they should be a map of along with these that shows where they are in relation to the house one of the additions is one forty nine washington street which is two houses down which is almost exactly the same condition as they're trying to replicate and the other ones were back on her on her tree or heard yet their heard and i believe there's one sell one as well this row of houses and washing the street is on a slope coming down from the cherry middle school and we've lived there for about forty five years and and there's a that's an underground stream that runs through the backyard and it is gentleman said there was an addition put on to one forty nine which it jutted out more into the backyard and diverted the stream such that it sort of curved around came closer to my ouse and when we have to ranch away my backyard is like a swimming pool fortunately it doesn't come into the house but i was just in layman's terms could you many words like it's effectively putting ace a second story over the years just in one story sort of sun room or side room off the house ok because it seemed i mean when i say about the required set backs ten feet and it currently is nine point seven feet apparently previously variance must have been granted and just because i was going to be ninety the issue here just to be clear is that right only question i have is it could you tell me in terms of number of feet high how tall the existing building is and when the change is made next matter is case number sixteen dash ten and the application of james and kathleen murphy seeks three special permits under section one point five the zoning bylaw to construct a one story rear addition three from the beginning here we just start because ok all right my name is james murphy if you don't know my wife kathleen and my daughter colleen ok we're seeking relief from the zoning laws on this addition to build an addition of my daughter who is now disabled and cannot walk and at present the house is built in such a way that we can't get into the second floor which we probably will never be able to get  job and so we had to build something on the first floor level to get accessibility the addition that we designed a work very closely with the architect to do a couple of things to just get her the  minimum on minimum amount of space for her to be able to get around because she's going to need a full handicapped bathroom handicapped closet handy clapp kitchenette type of deal and a handicap bedroom or you know combination room living room bedroom whatever she will have access the way is designed to get into the kitchen when we re redo the kitchen and to get into the living room we're pretty much the first floor so impact to the neighbors so it wouldn't be a two story big ganju and type addition off the rear of the house and so the existing house now i believe is what eight point eight feet or something ira you know the numbers  in this this is a little bit less than the existing house on the site set and in order to get the handicapped lift in obviously that encroached on the wrist setback as well as the addition we tried to keep that to a minimum  but because of her condition my daughter we're going to need a handicap left in order to get her in so we tried to design something that would not only work that would it would look kind of nice so that wouldn't in fact again looking into our house over the fence all you'll see is the roof for that andy capp left so again that's that's everything was pretty carefully thought out on this edition so ok just a couple of quick questions of drilling at the plants  noted that on the driveway side you can you've got the new concrete driveway and then you have down to basement level driveway going to angle down at that point that's correct that's correct and that's because the from twenty nine percent which is already over thirty six percent which is a bit of a jump and one that we have you know be expressed concern about increased dramatic increases and if you were to remove the existing shed i would obviously cut it at least a couple of not mor right now it's very it would be very difficult my daughter to get around the kitchen that's why we extended the kitchen again everything is designed with her in mind you have to understand she's in a wheelchair period she cannot get out of the wheelchair so we redesign everything so she would have flown accessibility  that it's you know it could we take a couple of feet off we probably could you know it's ok it's still pretty tight i mean so this i guess the question that i'm getting at is is this the minimum requirement to satisfy the needs i don't believe i believe it could be if if it had to be a private cut back a few feet but you know my daughter was going to have friends over in that type of thing we're trying to create a space that in her condition she can have friends over be able to set out on the deck in other words you know put put yourself in her place ok with we don't we're giving up our porch to do this for her we have no porch left we have no deck if she has guests over there yeah we can cut her down to six feet we cut it down to six feet and she's not to be able to have any gas or any friends or anybody come over so again all these things what would what we would discuss that with the architect we went over everything i'm trying to design the space i'd have been curable cancer i'm not going to be around probably too much longer ok i'm trying to design a space that when i am no longer here my daughter is taken care of that's what i'm here for who wants to speak in opposition or to express concerns thank you will take another  my wife chris we're looking for a special permit to extend the kitchen on our property at twenty one jason road this will allow us to have a second eeg rests on the main level of our house which we presently don't have you only eat grass is really the front of the house it's only egress and that level to the front door otherwise you have to go down a staircase down a hallway make a turn and go through another small hallway to get out this will also allow us to expand our kitchen prep the president kitchen is quite small it's from the one nine hundred fifty s if there's two of us in there were always bumping elbows so we're trying to have a bit more usable kitchen layout our property is in a very irregularly shape we have shown our plans to all the people on jason road with this and also all the buggers they've all indicated support for our plans and have signed letters of support i actually have one more  don't look into our yard they actually look into each other's yards nobody's looking right at us there that's pretty much it would be happy to answer any questions is there anybody that wants to speak in favor opposed is twenty three point four percent the second special permit is for the rear setback the minimum required setback is forty feet existing rosette back as twenty seven point one feet and the proposed is twenty seven point two feet ok i'm going to give a brief overview view of project and then beverly and dean will give a reason why they're applying for the special permit but before we do that we have a slight modification all of i'd like to hand out to the board if you would  we'd like to our proposed family room addition what's in the middle that you have is two stories we'd like to reduce that to one story the reason we're doing that is we had some contractor pricing  and after that revealing that prevalent in feel that that second story over the family room really wasn't going to meet their d needs and didn't really make sense so what i'd like to do is hand out this so thank you very much backs are sent are the same and the lot coverage is the same the only thing that has changed is going from that to start posted ish into the one story proposed addition deck is the light blue view listing three season porch which removing three season room is there a set back is twenty seven point one and then on the back and nine put on the side lot coverage's said is twenty two point three the proposed addition is the extension to a garage right here a one story family room addition here and a deck in the center the set back to the back is twenty seven point five which is a larger set back than the existing the new side setback is fifteen point one which it brings the side into compliance of the zoning by laws from the previous nine the lot coverage is twenty three point four percent which is a one point one increase over the existing just very very briefly the floorplan were extending the garage to make it to make it functional for bringing cars in the winter adding a family room here opening up to the kitchen fan of and living room adding a deck the sitting area and dining and just making it a much more pleasant and functional area for seventeen to enjoy their backyard looking briefly at the back here's the family room addition the garage pump out the deck in between and looking from the garage side it's small element right here is the garage extension and building yeah ok and then on the on the proposed plot plan the existing family room is going to fill up the whole of the twenty by twenty four foot space yes that is so what is that what is the most people our age go the other way we moved out of the city and we looked for property and we bought this house on country club lane if you know the area there's been a lot of tear downs over there and we decided to buy a more neighborhood were worried that we're going to tear it down and instead what we've done is we've fixed the slate roof we've put copper gutters on it we did the new landscaping we had it repainted  we've moved to was showed up by a stone wall that was covered by the education and now it's as clear so we have this stone wall look and and having lived in the property now for about a year and a half what we've found that in comparison to a newer house almost every newer house has a family room off the kitchen that successful and you can see we have two year old twin granddaughters that when they come to visit us we  can't because the configuration if they're planned in the living room we cannot see them from the dining room at all or from the kitchen or dining room area and so the goal is to have a family room that would allow us to have access and visibility from the kitchen so that if they're in the family room we can see them so that's the main reason for doing this family roam and we're removing the sun room replacing it with they believe architecture a more attractive you know year round room instead of and it wraps around and actually goes the whole way around the sun room and the previous john when she built it build it right around it on a tree so that that side has no access at all and so the sun room there's no place i mean that the deck has no place to put a tire a table like that heating table so the table is put down in the yard on a brick patio and to to grill or be in a kitchen and take food down to serve it you have to go down five steps and we're concerned that eventually somebody's going to fall down the steps so from a safety standpoint we decided to reconfigure the deck i think we've made it smaller but it's reconfigured figured to be more functional than the current deck i think in the pictures you can see where the dining room table weighs in the steps going down to it in the grill so it's it's got it is a safety hazard at this point and then the third thing we wanted to do it's an old house the garage is very small and you can put the two cars and but there's really not much storage beyond that so the goal is to bump out the back a grudge to have more room for a snow thought it would be more pleasing visually to just bump out the back of the garage and do that and so provide the storage on the back of the garage so those are the three three magic things are trying to do all of them are in the back of the house and not visible from the street at all there's actually no no it never change the front facade of the house at all so that's basically what we're trying to do ok thank you numbers any questions what it looks like is basically you just going to keep it one level with where the sun room is and then just make it a full full or is the room going to extend up to the point of the deck so you can expand so it's not going to go beyond that you on this picture want to look like they're going to break through this window that's where they that's where there's like a little breakfast which is totally nonfunctional so that's the kitchen we're going to break through this so the stove is here and i'll be able to expansion and size of the deck in the family room now i know the deck is small but in the aggregate the deck plus the family room is logic did you consider alternatives that may have reduced that square footage down to a level that would have allowed you to be compliant while we're non compliant to start as i understand it we're at twenty two point three to start showing i was so so well sorry let me rephrase that to not be an additional nonconformance or to increase the level of not conforming a added to the back of the garage to allow the snow blower to come in they have the cars come in they can use trash it's something that's very functional for them to use the the it has a circulation path here they have a large family they have friends they like to entertain and they need an area to set and they need an area to eat out there have kind of an area for a desk out here so functionally it's about the size that they would like to use for the functions the room if it's if they're going to be their favorite spot in the backyard their existing three seasons or choose their favorite spots got great light not a nice privacy and it's the room they really want to hang out in and so we put in that that room the activities that they needed wanted in that room and these are really the the sizes without getting over expansive or that that had been hardest or it is not a little bit but the existing deck is seven hundred twenty square feet because of the way it's configured when we had it done we had it cleaned last fall the guys measure was seven hundred twenty square feet so we've actually and again it's just one final question which is i mean i have the side i've looked at it from the front and i've driven around a great virtue looked at it from the back but i don't when he put his property so i can actually see what's between the two buildings is there and in the appears to be some greenery between the two back of your house in the  so that there is easily some screening of a permanent nature frighted by trees what we've done and you'll remember this in the past with as you know i don't like cases that increase lump of rich but typically what we've done in cases with a lot of the regular is we've made you know kind of a yeah basically because same square footage right so it's at the front and it's the covered porch entrance for the covered entrance concern of this would be if there was a significant increase in mass of all coverage and it doesn't seem that there is very it's still within the requirements of the law coverage and i'm not i'm not personally as concerned with the setback issue just because there's a lot of step back in the corner and it's really just happening in my opinion because of the regularity of watching i don't know how others feel about that standard conditions and let's also father views i would say it wouldn't see a problem here my only concern was the lack of it outside fenced clay area you know he says we have had situations before we've approved guns with fences but they've been places where that's not a of dealing with that problem with some of those how other people feel about them well it would be full members one two three four ok so we get to split here sorry no i didn't  they did i was actually going to only at that for and there any superstition you can even if you think it is fans you cannot be you know let the children cannot be without an adult even if it's understood i just wanted to a that and i can call my lander and we can do some i was actually thinking to add bush just because she really opened for me to what any gardening plants or anything else on the property i'm allowed so if you have a bush is there and you put in you know some kind of a mash chicken wire on behalf of the lights from that but you know some kind of mesh in the bushes if it's three feet high i would you know that would suffice to keep you know little children and that's our concern  can do that tomorrow my husband is a carpenter so busy area currently what's in that backyard area is replace other place structures there i have a little house and you know house and i like to have like the math house overnight you heard about it we have ok would like to write this one ok ok next one is sixteen dash for nine one forty one washington street i mean obviously there's a good reason to be enlarging the first floor here my only concern was the rather a fairly significant increase in what coverage which is more than we have usually gone for  least not it's not a material difference but it's at least you know it's one point five percent i mean the issue is typically we haven't tried to redesign things for people right for them to come back to us so based upon the existing situation my question was you know is that the minimum absolutely necessary to satisfy that the idea and the handicap requirements and his answer was it's probably not now the question is you know is it up to us to to make judgement calls on these kind of things and i think i don't want to get into that kind of area i think we've got to look at it and say well whether it's for you know person a b o c we've got to judge it on what the zoning regulations require because not everybody looks at this is a president case is going to understand the nuances if we do a rigid we just took the whole thing as part of accessibility because we figured by the time he gets out turns around it's three or four feet wide but we did not because as we have done this before for  think it was like six feet wide dram going all the way up the lot coverage was examined so is here that's fifteen by six or seven with whatever that is is not counted this part of the lot coverage is at the last page to set down and discuss this and since we have done this before in other cases we have never questioned the way that as long as like it's something reasonable and we found this as reasonable to maneuver to get in and out of that left maybe three if it why there are something it's yes but we didn't want to push that far so the five percent increase is only based on the kitchen and the bedroom additions i mean the seven it's a seven percent increases and it goes from know we should continue continue and see if that's a myth i mean because i mean in my view from you know for instance the tool shed as depicted the size it has depicted here i mean it's larger than the back deck which is fifteen by you know but what table is included in the i know what i'm talking about size and yet if you look at you know if this is fifteen by me call it ten fifteen i ten for sake of convenience so i've got a hundred fifty square feet and you was not substantially different from this and expect us to approve it i mean it's our judgement as to whether it's substantially different so if it's substantially different it comes as a new case anyway well i think it would have to be substantially different for us to be a yes i did but rather tha second all in favor removed from yeah i have my usual concern develop coverage right but this one is twenty two point three percent twenty three point four percent as opposed to it just doesn't seem to me like there wasn't an alternative that would have satisfied you know in terms of the resigning rate we're looking at about one hundred eighteen hundred and square feet which you know i think i made the point and then john made the point that that family room is a big family and it wouldn't be out of the question i think to have a slightly smaller family room that would have allowed us to have us not not have to see this  is there i just anyone have concerns other than the check the change the statement you just ok which i haven't got the chance because of other things but the time i was going for so i'm sorry i'm going to change the language there and  be running into some of the problems we've run into with incomplete applications before you know he said he will circulate that because and they knew that blocked coverage increase is not something you guys take because that look very likely they knew ok so it wasn't like i forgot and they know they knew and i made sure that you know they had that sort continuous from the beginning or whatever they want to do or like going to get the night or it was probably saying well maybe craig will be here and maybe craig now i mention that you know i mean they're not approving like coverage increase unless it's like something very minor like point one point two percent which is