00:00:00,100 S1: Um, so, um, welcome to the Hamilton Zoning Board of Appeals meeting. Uh, this is July 10th. Uh, a week later from our normal scheduled time due to the holiday. Um, it's a zoom meeting only. Um, we have with us myself, Bruce Gingerich. Um, Andy. Phillip, Michael Madden, Steve DeRosa. And, uh, David's not here. Uh, also, Amy is with us and Patrick Griffin. Um, 00:00:42,570 S1: I think that's it for now. Unless, um, David joins us later. Um, so tonight we have two, uh, two items to cover. One is a continuation of a public hearing for the property owned by David and Ashley Foster, located at 68 Union Street, map 55, lot 213. The applicants are seeking a finding. Under zoning bylaw section 5.3.4.5 for dimensional relief. For side and front yard setback requirements on a lot with double frontage in order to connect garage to house and create living space. Bedroom bath hall in parentheses and a variance under section four dimensional and density regulations for lot coverage. The current coverage is 23.6%, 00:01:40,769 S1: and the proposed would put it to 27.7%, 00:01:45,900 S1: 25% being the maximum. And then we have a continuation of a public hearing for a comprehensive permit under Massachusetts General Laws. Chapter 40 B, sections 20 through 23, for a portion of the property at 133 Essex Street, such as map 65, Five. Lot. One. Zero. One. Submitted by Tobacco Hill Capital Partners, LLC. The applicant seeks authorization to construct 59 mixed income, age restricted residential for sale units and 32 buildings. And we'll have meeting minutes and updates from the chair. Um, so the first one is the 68 Union Street. Is there anybody in Zoome land here representing that project? 00:02:42,530 S1: So speak up. 00:02:51,729 S2: I see no one. Bruce. 00:02:53,500 S1: Yeah, I'm not hearing anything either. So this project was brought to us a couple months ago. Um, for the what? I've described what they were intending to do. Um, they were advised to go back and try to rework their plan to make the project fit within the 25% lot coverage. And since they left that meeting, uh, neither the town, the building inspector or myself have heard a peep from them. Any any comments or indications of which way they want to go. So I think at this point we just, um, try to decide what we want to do. Um, we can deny the project, or we could just close the project, um, without prejudice, basically due to abandonment. Um, I did hear word that there's a for sale sign on the house, so, um, I'm not sure if we deny it if that's going to block the next buyers, if they wanted to do something, um, with this property. So my sense is they just walked away, which is probably just. 00:04:09,669 S1: Um, close the close the, um, Submittal or the application. And if they decide to come back. They'll have to go through all the same channels that they went through previously to, um, reopen this application. Yes. 00:04:27,430 S3: I'm seeing online that the property was sold on June 20th. I'm not sure if that's true, but that's what I'm seeing online. Oh. 00:04:35,670 S1: Okay. Well, there we go. If that's the case, that'd be a good reason why we're not hearing anything. So I guess at this point, if anybody has any other thoughts on how to handle this, I think we should just, um, close this project without prejudice due to abandonment. And, uh, that would be that. 00:05:00,100 S2: That would be my recommendation. Mr. chair. 00:05:03,569 S4: I, I concur. 00:05:06,269 S1: Okay, well, let's do a roll call. Vote. Um, to watch this project. Um, Steven. 00:05:16,399 S4: Uh, do we need to. Do We need a motion on that. 00:05:20,800 S1: Sure. If you want to go through that. 00:05:22,699 S4: I don't, I don't know. I, uh, I, uh, I motion that we, uh, we dismiss, dismiss this without prejudice. 00:05:30,300 S5: I second that motion. Andy. Phillip. 00:05:33,829 S1: Okay. Roll call. Vote on dismissing this project at 68 Union Street. 00:05:40,800 S5: Andy. Phillip, I. 00:05:42,199 S4: Don't even Steven DeRosa. 00:05:43,800 S6: I don't like it. All right. 00:05:48,029 S3: Michael, Matt and I. 00:05:50,230 S1: Okay, so we are. That one is closed. Um, 00:05:57,269 S1: okay. So we can move on to the next one. Uh, for the comprehensive permit under Massachusetts General Law 40, be for 133 Essex Street. Um, do we have someone there to present their their project? 00:06:15,600 S7: Uh, Mr. Chair, I'm Lisa mead. Uh, Mead Kellerman Costa, 30 Green Street, Newburyport, on behalf of Tobacco Hill Capital Partners, and I'm here to present the request to withdraw without prejudice. 00:06:30,170 S1: Okay. Um. 00:06:34,730 S7: If you if you like. Uh, Mr. Chair, as you know, the board, uh, invoked its safe harbor. Um, the applicant appealed that to Chelsea. Um, Chelsea, um, determined that the board's determination was correct. And so the applicant requests the application be withdrawn without prejudice. 00:06:54,100 S4: Okay. 00:06:55,000 S1: That's great. Okay. Um, okay. If that's, uh, that's where we're going with that. Let's, uh, I guess we can. Is there anything anybody wants to, um, speak about? 00:07:09,029 S2: Amy. 00:07:09,730 S8: Speak, Mister. Mister chairman. Um, just so you know, any request to withdraw, as you know, has to be voted on and accepted by this board. So what we're looking for in this instance is a motion to accept the the request to withdraw. 00:07:27,769 S1: Okay. 00:07:30,829 S1: So I guess at this point, um. 00:07:35,430 S1: I'll make a motion to accept the withdrawal of this project from the board. 00:07:41,230 S8: Without prejudice. 00:07:42,269 S1: Without prejudice? Yes. 00:07:45,569 S4: I second that motion. 00:07:49,230 S1: Okay. Um, so we'll do a roll call. Vote on that. 00:07:55,870 S4: Steven, Steven DeRosa, I. 00:07:58,500 S1: Andy. Phillip. 00:07:59,870 S5: Andy. Phillip. 00:08:00,529 S1: I am Bruce Gingerich. I. And so we will um, that wraps that one up for us. Um. 00:08:12,699 S7: Thank you very much. 00:08:14,000 S6: Yeah. 00:08:14,769 S1: Um. Pretty simple. Straightforward. Um. 00:08:20,769 S1: So meeting minutes, we didn't get any meeting minutes. Um, updates from the chair. We have a new member. Michael Madden just joined us as an associate member. Uh, first night, big night. Welcome aboard. 00:08:37,370 S3: Thank you. Nice to see you all. 00:08:39,929 S1: Looking forward to working with you. Um. 00:08:42,200 S3: Me too. 00:08:42,700 S2: Thank you. 00:08:43,769 S1: All right. Uh, so if anybody else has anything to say, now's the time. If not, we can move them to, uh, close this meeting. 00:08:56,769 S4: A motion to adjourn. 00:08:59,129 S1: Okay. 00:09:00,399 S5: I second. 00:09:01,470 S1: Second. That. Okay. 00:09:03,600 S8: Thanks, everyone. 00:09:05,370 S2: Thank you. 00:09:06,700 S1: All right. Thanks so. 00:09:07,570 S8: Much. I'll see you next week. 00:09:09,169 S2: Great. 00:09:10,129 S3: Thank you all. 00:09:11,129 S1: Okay. 00:09:11,600 S4: Thanks a lot. Bye. 00:09:13,000 S1: Bye. 00:09:13,970 S2: Bye. 00:09:14,799 S1: Good night. Stay cool. 00:09:17,399 S2: Way to go. 00:09:19,399 S1: There we go. Simple. 00:09:20,870 S2: You betcha. That was a good one. 00:09:23,470 S1: It was a good one. I like it my way. 00:09:25,500 S2: I like it. 00:09:26,129 S1: I like a little, little, you know, mixing up. 00:09:29,200 S2: I should have Educated Michael, that, um, he's an associate member, not a, uh. 00:09:38,500 S1: A voting member. 00:09:39,529 S2: Regular member? I, I did send him an email just a couple of seconds ago. So he knows that. 00:09:47,870 S4: So that's why I'm saying, like. 00:09:49,899 S2: When there's a regular member absent. 00:09:53,700 S4: Yes. Accruing an extra fourth vote there. Yeah. 00:09:59,129 S1: Really solidified that one. 00:10:00,730 S4: I jumped back in because I wasn't sure if we had to vote on our motion to adjourn. Um, I don't want our meeting to stay open for 30 days. 00:10:10,200 S1: Yeah. I don't know. We're. Well, technically, you want to get with that, but. 00:10:17,769 S2: Two members would constitute a quorum. 00:10:21,070 S4: Yeah. Keeping your eye. 00:10:23,299 S1: Bruce Gingerich, eye meeting is adjourned. 00:10:27,330 S2: There you go, guys. 00:10:28,730 S4: All right. Thank you. 00:10:30,070 S2: So much. 00:10:30,870 S4: I know. 00:10:31,470 S1: My gavel. All right. We'll see you, Patrick.