You wanna call? Yeah. Alive. OK? We’re live. Uh, welcome to the March, 6th. 2024 Zoning Board of appeals meeting in Hamilton. Um For the people that are here we have, uh, there we go. So Myself Bruce Gingrich, Steven Durocher. And Andy Phillips on Zoom You can hear us, Andy.

Hip. OK, good. Excellent. Um, we have two Projects in front of us today. Um One is for the property owned by Brian and Jessica Doherty, located at two Beach Street. This map 66 lot three. The applicants are seeking a finding under zoning bylaw. Section three point I mean 5.3 0.4 0.5. For dementia

relief in order to reconstruct and extend a front porch. Inside stairs. An extent. Extend front roof. On, a non conforming lot and non conforming structure. And. After that we’ll hear about property owned. By Michael and Lindsay Sayer seer. For, the property located at 22 Lincoln Ave, such as map 47 lap 46 applicants are seeking a

finding under zoning bylaw sections. 5.3 0.4 0.54 dimensional relief. From front setback requirements. And then we have some meeting minutes to to, uh, review, and that’s it. So I would like to for the, uh, two Beach Street. Who would like to come up to the podium and What’s happening.

Good evening. Uh, my name is Bill Heaney. I. My law office is on 86 Dodge Street in in Beverly, Just down the road. Uh, I do live here in town, and, uh, typically, don’t take a lot of cases in town because I’d like to avoid adversarial situations in my backyard. Uh, when I met the Dohertys, this one seemed

like a pretty straightforward, limited risk. Uh, and has proven to be so And so far, there’s been nothing adversarial about it. We have you know the neighbors all seem to be in agreement with it. So it two weeks ago we filed uh, with the board a request for a finding. Pursuant to sections

535.3 0.25, 0.3, 0.4 and 5.3 0.5 for this board to, uh make a determination and a finding That the Uh, proposed additions to the property are so minimal that they will not be substantially more detrimental. Than the existing non conforming structure that’s on the lot. Uh, with me tonight is, uh, Brian Doherty, one of the

homeowners he would be happy to answer any questions you might have. We also have David Kelly from Meridian engineers who can answer any questions about the plans. Uh, the Dohertys were also assisted by an architect firm Craig Craig Bosworth from Bosworth Architects. I helped them with the plans that are in

your exhibits. Um So just a few of the little basics about it. I don’t wanna turn up too much of your time if you had a chance to review it, um Doherty’s bought the property last January. It is a 19 forties ranch. It’s a part of the Lakeview subdivision. Uh, plan from 1931. To Beach Street

on That plan is lot number 24. It’s a relatively small lot. It’s A. It’s a little more than 1/10 of an acre. Uh, it’s it’s It’s unique in that, uh, To to if you’re facing the house to the left of it, there is an an access path for the other

neighbors to get down to Tobacco Lake. The Lot is also bifurcated by a right of way that serves three more properties and then the the great benefit to this property is it does front on tobacco Lake? So? Uh, it? It’s a good property. Uh, It did suffer from being a 19 forties ranch.

That, uh, could use some updating so when when the Dohertys purchased it. Uh, they enlisted the help of the architect. Um To kind of bring this property forward. More current design more current, uh, construction standards as well as being very respectful of the neighborhood and the and the balance of the neighborhood.

So. Uh, we don’t one of the points that I made in my application, was they they could have gone much bigger. They could have gone on a much different direction. Uh, by going up on the property. They chose to do the rather modest edition and not go up on it, staying as a one story ranch, which does

create a need for very, very smaller, minimal. Increases to the encroachments. So, uh, those encroachments that we are, uh, that are on the plane in front of you. So. What we have tonight Is. We with your application. Uh, board member Philip will not will not have what I brought tonight.

But. The plan that was submitted is is is a full plan from from the engineer. That’s got all kinds of details on it. Uh, what we brought for you tonight that you have in front of you is is a plan that’s done by the engineer that takes a lot of

the the the extra noise out of the plan. So, you’re really just looking at at what? We’re what we’re after, Um So. If, you look at the, um The plan in front of you. You’re you’re gonna see that the the porch is being enlarged a little bit, uh,

as well as the roof overhang on the front of the house. The current Well, the the setback for the frontage is 25 ft. As, you know, in Zone R one A. In Hamilton. Currently. The property has 11.9 ft of frontage the new if accepted, if you had the finding in our favor tonight, the proposal

would have 10.7 the other, uh, part of the frontage that would be changing is the roof overhang? Uh, really only on the left and to the right of of the front deck. That overhang currently is at 19.7 and the setback would be Reduced to 15 ft seven inches on the roof overhang on the front. On the

left side of the house. If. You’re looking at the house from the front. Uh, which is also the side that has the access point for the neighbors down to tobacco Lake. So if you’ve been down there, that’s you know people that go down to where they keep their kayaks.

That’s, uh, would be what they would see there. The House is is currently uh, 1 ft. Three inches, uh, from from the side yard, and the new plan would be 1 ft. From, the from the side yard, So we’re really only changing it by by three inches

on the side. It. It is our position that if you were on the right of way or if you were with any of the abutting properties In. This project was done. With the naked eye, you wouldn’t be able to tell that these encroachments have increased. Uh, they’re gonna They’re gonna blend right in

with the property. Uh, you’d really have to be an engineer to kind of pick it up and and do the measurements to to see the new encroachments? Um, the other thing that I’d like to note is that the Dohertys have have have discussed this with all their neighbors. Uh, after our submission of our package.

We, uh, supplemented it with a letter of support that was signed by eight of the Abutters. I think some of the abutters might have been planning on coming this evening. I’m. I’m not sure. Um, but there is a letter of Support that that is in your file that you got from

Mary Ellen Feener. So So at at this point. I think it’s fair to the board. Myself and In the engineer. We. We’re happy to answer any questions that you might have about it. Um And turn it over to you. Yeah, He’s um One of the questions will be

on the front. Set back. Where is the con com with this For On, the card court or whatever so the con com area would all be in the in the rear. Um and I’m Gonna let the engineer turn over because he’s been at the con com meetings. I haven’t so David Kelly Murden Associates.

Um we originally filed a notice of intent for all work on the property, um, to work in the backyard as well as the modifications to the house. Um, we pull Modifications of the house out of the nose of intent and file a request for determination of applicability just for the housework and that was approved by conservation.

So all the stairs. You overhang the front porch. That’s all been approved by conservation. OK? In the one in the in the backside. Yes all the Lakes side the work associated with the house itself has been approved by conservation, OK? And there’s Well, that’s a generator there, OK? So really,

but The setback is from a a street. But. It’s a right of way, Yet they own that property. Looks like Well across the street. Also right, Correct. So. We work in this bisecting of property Almost It does that’s that’s correct, and, uh, in talking with the building inspector here in town that the two options for the frontage

would have been to one use the right of way as the frontage. If. That was his determination or the frontage technically could have been found to be the actual left side of the property, which goes along Uh, further further to the left of the house. And in what alarm me, Um along the actual road.

Yeah, yeah. Where The where the where the where the public street turns into the right of way could technically be the frontage. Uh, so we Used the right away as the frontage because that was the closest to the house. And from a practical standpoint. When. You’re driving down the road. It.

It does seem like that is the front the front of the house. How many houses down there beyond that, 33. I believe there’s three. I think the right of way. Serves three other houses. And we’re those you know where those three owners on the signed list. Letter. Yeah. Online. I. Think one of them. We passed away, so

he wasn’t Over. So A lot of that. End of the Oh, OK. OK? Um Do you have any Questions concerns. Um, I have a comment to make that, uh, just for a full disclosure. I don’t know if it qualifies as a legitimate conflict of interest, but I’ve done business in a attorney Heaney’s office before and I

currently have business in his office. Um, so I’m just putting that on the record and I will check to see if that constitutes a conflict of interest and a potential conflict of interest and filed the Appropriate paperwork. Um The only question that I have actually regarding the the situation here is the increase of the Um Nonconformity along

the front set back here if it could be communicated that the that at least part of the reason for that is to Bring that front porch up to code. If. You’re gonna rebuild that It would have to be bigger to meet code. OK? Is that true? Well. That’s the I Got the Affirmative. Yeah. Oh, OK.

So why is that? The old one was Pretty narrow, right? In. The side is, uh, the difference There is what would you say three 33 inches on the left side of the house. Yeah. That’s, including that’s the overhang, the roof overhang, the the roof wearing on the side is is not an issue. It’s a the roof air

hangings on the the front and the back of the house, um, due due to the location and the, uh, environmentally sensitive areas, they can’t really have gutters. So the the roof over hang allows for the water to kind of flow off more in a natural evenly in into the ground.

Andy. Do. You have any comments? I don’t know. OK? I. If Steven. If Bruce. One question is if if Steven can’t vote you and I could probably vote. Right? And then If. He has to recuse himself then can just you and I vote. Or something or do would we need to wait for Yeah.

I. Don’t think so. And Your business. With. Mr Hay is not Anything to do with no this stuff, So it’s like No. Right? We have no further questions. I don’t have any further questions. I think it all seems to be Improving the structure that’s there already. You’re not Pushing out Greatly in any

one direction. Um Down the front yard. You know that’s that is kind of questionable to me that they own all this land on the other side, yet they can’t kind of DA because of right away through there. Makes me wanna feel like we This is A doable Change. Minimal so So. We moved a vote. I agree.

OK? Vote call here. Um uh, I I. Don’t think I’ve ever. Uh, I don’t think I’ve ever started the, uh, started the vote the motion. I. Uh, I motion to approve the That’s what I wanted to say I motion to approve the Uh, the request for finding, um, under 53434 To Beech Street. Per second.

Second, OK? I. Also. Yeah, but, um OK so do roll call vote. Steven Derocher. I In Ulaby and Bruce G guy. So. We’re all set there. Um 14 days to write the decision. That in and then when that gets in, you have 20 days for anybody to Um Um Oppose it.

Um, it’s not oppose. So. We’re appeal. Thank you, Um One question is I’m heading out tomorrow morning really early on a flight. Um Wondering. How soon this project wants to Start working, I if if it would help the board, Um we were prepared and had discussed it. I’d be happy to draft a decision for you for your

review in your submission. If that helps you expedite it. I don’t know when the When the intent was to ask for the permits. Yeah soon as you can you right here. I believe there are the Com next week for the final. Yeah, OK, OK. So, Yeah

if you if you can do that, That’d be great. I’d be happy to and I can Sign off and sent over to town. Right? And as soon as possible. All right. Great. Great. Thank you. Well up. That one. Um, so the next one is for 22 Lincoln Street.

The same. Of issues. So whoever would like to come up and speak to that. It’s come up. OK? Good evening, everyone. Um so I’m Michael, sir. I’m The homeowner here I’m with, uh my wife, Lindsay cer. I Just want to give you some context as to what we’re looking to do and why we’re looking to do it,

then I’ll pass it over to our our builder. Uh, Derek. So please don’t ask me any technical questions on, uh, on anything, but, uh, my wife and I moved to the town. Um in 2018 April 2018 her family had lived in the area for a number of

years and we wanted to move out of Boston to start our family. Uh, we thought that this was kind of the perfect place perfect town to do it. Um And so we’ve been here for about 5.5 years. Um, we are expecting our second child. Um, you know,

may or may not be able to tell with my wife over there, so we’ll let her sit and relax, but, uh, essentially, we need some more space in our home. Um, so about 2.5 3 years ago we looked around we made offers on houses, all in Hamilton Wenham

because we we knew we didn’t want to be in any other town than this one. And with the market the way it was, it was very competitive. Uh, we kind of every time I went back to the drawing board and Uh, last year. Uh, we decide to explore

doing a home edition. Uh, where we are on Lincoln here. Uh, it’s very close to all the schools. Uh, the train. I take the train to Boston. So. I walked down the train. Um The parts for our our, uh, 4.5 year old daughter. Now. We Love.

It. Uh, she’s at school at magical beginnings up the road, And so we kind of want to be within the same area, so we thought, Let’s explore home Edition, um, see kind of what that would entail. Um, and that’s where we met. Uh, Derek and Lisa Walz,

uh, firm there, um, spoke with them kind of came up with a plan, uh, to give us that extra square footage that we needed for our, uh, growing family, um or second ones coming in a few months, So. We’re we’re kind of anxious to get, you know, uh,

With the work and so that’s kind of our story as to why we’re here tonight. Um You know asking for this finding? Um, as as we asked about here, um so we can start that work and kind of really gives us a great long term home so we can stay in the home. Uh, all of our neighbors.

Um, you know, got to know him very well, uh, their kids, um, kind of spoken with the ones that are directly next to us, and they’re all very excited to have us stay in the neighborhood, um and and see kind of this neighborhood continue to grow, so that’s kind of where we’re We’re here

today and I’ll. I’ll kind of pass it off to Derek for any, uh, technical or Questions about the project. Hello. I’m Derek Walz from Walz design and build. Um, we started working with Michael and Lindsay as he said they were looking to expand their home, Um, looking to add a garage bay and a

family room as the current dwelling, uh, doesn’t really have a play area for the Children. Um, the house has two bedrooms right now. They have another, uh, child coming, so they were looking to, um, put another bedroom in, Um, a proper, um Primary bedroom and a bathroom. Um, when we looked

at the property, uh, we noticed it was not conforming. Um, one of our primary goals was to put something on that blended with the neighborhood that fit the house in, uh, Look like it was always built on the home in order to do that to get our

roof lines to line up. Uh, we Felt we were Before a survey pretty close to the 25 FT setback after the survey. Um we discovered the house was built in 1907. I think the zoning was in 1950 the house itself right now, uh, is within 10 Ft.

Of, the 25 ft Setback, Um, What we’re trying to do is actually less non conforming, Um in one corner will be almost 20 ft. Back in 19.6. The Bay window will be 18.1 in the other corner will be at 18.2. So. We We’re not able with the design

to achieve what they need to get to the full 25. But. We were able to, um become well, you know, well, less non conforming, uh to the front setback than what currently is there, Um, our side setbacks. All All are performing they all fit. Um and this also we did

not want to go back any further and approach leaching field or the septic system. OK? If. He has any questions on any of that stuff? Everything else on the lot. Um, there are percent coverage is still under the 25%. Max. Um, the lot itself is, uh we didn’t You know it is less

than what today would be the required, uh, square footage. But again, the street and the house. Most things are from 1907. And if you do go down the road, every house on the road is expanded. Uh, most of them are less are more non conforming than what we’re trying to do. Yeah. It’s gonna

be my question. First question was, what’s the rest of the street? The rest of the street. Um, in is everything is on the road and the road itself. Actually when you go on the street If you were to take your be, You know measurement where you think the road is to the

house. Now. It looks like the house is like 15 to I. Believe 18 ft back. Um, the road has crept in a bit, but the, uh, the actual Front, you know with the front yard is further away. So. It does look like it’s further back many of the homes

on the street are much closer to the yard. Um, and many of their neighbors have, uh, you know, address support. Some offered to even come tonight. Um You know, we weren’t sure if that was necessary. Maybe, you know, we should. Maybe we could have had him come, but, uh they

all have expressed, uh, support behind them staying in the neighborhood and building what they want to build and II. I do want to stress that my business, uh, as a family owned business, it’s me and my wife. We do design build. We’re small, Um, we have a small knit team.

Small, small, small, unique group of architects we work with, and our goal is always to make a structure look like it’s always been there to speak to the home. Um, the last thing we want to do is put a giant box in a neighborhood that doesn’t

belong there. So our design we feel, um It. Not only does it look like it’s always been on the house, but it’s going to enhance the house. Uh and we do plan on doing work to the existing home to make it to bring it up. Um The State of of what they’re looking for.

And. What what the addition is they’re building as well. In terms of siding and, uh, paint and windows. I think one of the things too. I don’t want to forget that we did want to add was by positioning the the built the structure the way we are, we can take advantage of the hallway on the second floor

to be able to get into the house was looking at that We did explore trying to come back. Uh, not only are we worried about septic and leaching field, we are also there was no way to get two roof lines to line up. It started to look really funky and again, Uh, the last thing

that we want to put our name on and that you know the sires want is for the Would to look like. Hey. You know what’s this giant weird looking structure in this neighborhood? Yeah. I was looking the second floor plan. How that all ties into the lines all tie in. Um we we’re going looks good.

Um Didn’t get a chance to drive down the street. But Trust that they are kind of all the same. I mean I wouldn’t set back zones, so it’s not I couldn’t you say your name? Yeah? No problem? Could you stand at the podium. Otherwise, people can’t hear just to hear and see and

I’ll Tell you guys what’s going on? Chris Baker, I’m at, uh, two Spring Avenue right behind the say, uh, great family and, uh, really want to see this project? Um, work out for them. My only concern my my only question because we’re getting ready to potentially list our house on the market is when the

sight lines came out. It looks like their fence in the lines is probably about 5 to 15 ft. If, you look at the back a lot. Um and potentially just getting that move to, you know, kind of conform with What’s our property. I. Guess. That’s the only concerning question that that I had to address on this

Oh, yeah. You. Don’t want that fence? Well? Uh, you know, we we would like the Fed. Just want to move Move within our property That’s probably a good thing to do. And. If you guys want the fence? You don’t have to have it. If it’s your offense. You don’t have to have it. So. That’s that’s in the

the back of the Yeah. So you look at if you look at two springs if you look at right here, that’s that in our land goes to right there, so it’s anywhere from 5 to 15 going off. We. Just. We just saw this today unless I would have said

something to you guys earlier, So yeah. OK? So is that? Is that something that you wanna move that I would think if we if you want to keep your fence go otherwise move that back. You can tear it down. Have to replace it anyways, but I think

it be Not a good thing to do that. Somebody got a little greedy, I guess. Yeah, I think a lot of you know, uh, our surveyor who does a lot of work for us. Who’s We’re pretty close with a lot of the I mean you guys probably see this too.

A lot of things have changed over the years from when these houses were built. So, um You know, I think that’s something that we if you know, you guys are OK with moving You know we we would do that as part of the agreement. Put that in

definitely. I’m Not gonna let that hold us up. I got the machines there. Yep. Like it and swing it in. Gonna straighten up. That’ll be good. Um, I don’t have any further questions about the design or the setback issues. I know you. You know when you’re matching these small houses.

There’s only so much you can do, um To make it. Work and look good together. Function aesthetically. So I’m OK with that. Do. You have any questions? Concerns? I don’t have any questions about this one. OK, Andy. No none. Good, OK? So move to vote on this. Uh, I moved to vote on 22 Lincoln

Ave. OK? So. We’re gonna vote on 22 Lincoln Ave for the setbacks second Who’s that? Um Andy. Can, you move that second half. Ok, Here we go. And So Oh Stephen Deroche, or I In, the Boabby Bruce King. OK. So. You’re here before. 20 days. Well 3rd 1414 days I’ll get that done. I can I’m sure I

want to get going and get that in on the 20. Days after that, in And you and you have a get going. OK, Thank you. Thank you. Makes sense. OK? And After that she’s done. You have Leading minutes. Um, from September 6th 2023 August 2nd. 2023 and February 7th 2024. To approve.

We have to do them one at a time or can I can I move to group them together? Do any of us have any issues with any of them? No. No I. I didn’t either. So. It’s I, I move! I! Move We Combine the boat from on the minutes into one vote to approve all three minutes.

A second, OK, Uh, Steven Deroche your I Andy Billy. How. Did we not approve August. Do you guys remember what happened there? What’s that? What’s that? How. The. A one is throws me. That one snuck through. You. Don’t, Even you don’t remember it. Is that what you’re saying? Yeah

like it? Well. It’s more It’s march Now. How, Did we not approve it, and that was the little shed. Yeah, yeah. Uh I I motion to approve the minutes. Yeah, I second, OK, Steven Derocher I Of mine guy. Sorry. I’m being a stickler for a parliamentary procedure over

here. I know I’m not I’m, not a well practiced yet. I. Gotta get back down. But. Yeah. So OK so meeting minutes ago. So, um That’s all I had anybody else have anything? Uh, Yeah, OK. So your motion to And this meeting. Motion to adjourn the meeting. And second meeting is adjourned.

OK. Oh, wait a minute. Yeah, Don’t stop here. Yeah. Um, next month. I’m may not be able to sit here because there’s a project that’s probably coming that is in my neighborhood. A couple couple doors down. OK you have to abstain from that one. Um, we’ll see. April 3rd.

April 3rd is that it? OK? Or Then. Somebody will have to kind of take the OK, great. We can figure that out later. I’ll just have to let, uh we’ll fight for the glory, then of it all. Oh, it’s wonderful. I’ll tell you OK? Oh, thanks, guys.