00:00:00,270 S1: Welcome, everybody, to the Hamilton Zoning Board of Appeals meetings of February 4th, 2026. We have two items to cover and the meeting minutes to approve. Um, so the first, um, first thing we'll go through is for the application for the property at 21 Beach Street and zero Lakeshore Avenue, such as map 66, lots 47 and 48, zoning district R one, a GPO overlay district. Um, the applicant is Tobacco Park, LLC. The application requested a special permit for dimensional relief due to lot size in a pod to reconstruct a single family home under zoning bylaw 9.1.9.1. 00:00:59,299 S1: Uh, and then we have a continuation of public hearing for the comprehensive permit under Massachusetts General Laws, chapter 40 Be and the Comprehensive Permit Rules of the Zoning Board of Appeals for a portion of the property at 133 Essex Street. So assessor's Map 65, lot 0001, Zoning district R1B, the owner is Country Squire Realty Incorporated. The applicant is Tobacco Hill Capital Partners, LLC. The applicant seeks authorization to construct 59 mixed income, age restricted residential for sale units in 32 buildings, 15 of which will be affordable units, which will require at least one occupant over 55 years of age. So let's start with the Beach Street. 21 Beach Street. Um, is the applicant here? Yes. That's it. okay. 00:02:00,230 S2: Yes. Good evening. Members of the board. My name is Miranda. I'm an attorney. Um, just about retired from gloves and gloves in Beverly. Um, I'm here on behalf of the applicant. Um, we have Dave and Lynn Lash, who, um, together with their neighbor, Denise Kelly, who's joining on zoom. Um, acquired this, uh, piece of property when it came up for sale, right at the sort of start of the pandemic. It had been, uh, long occupied by the Cronin family. Um, and the neighbors basically were concerned about, uh, the, their neighborhood and what a potential redevelopment plan might look like if it had been purchased by a developer. So they, uh, made a a satisfactory deal with the Cronin family To purchase the property with the intent of coming up with a plan that would minimize impacts to neighbors, and also be in keeping with the size and scale of the rest of the homes in the neighborhood. Um, one of the components of their, uh, agreement with, uh, Mr. Cronin was that he would continue to occupy at least a part of the garage for several years for storage, which he did. And during that time, um, the new owners, um, started work to begin their, their redevelopment project. They are not developers. So this was all new to them. Um, and their first stop was the historic commission, because the original house or cottage was built in 1832, and so they needed to go through that process before tearing down that house, which they did. And then they started the process slowly of demolition, with an eye to seeing if any of the materials in the original cabin could be salvaged for reuse for either themselves or for other interested builders. So it was a a, I guess a demolition that that endured for, I think, three years and finally finished up in April of 2024. And then, um, when when folks started to think more seriously about now being able to, um, market the lot for sale with a, with a reasonable development plan, um, they engaged, uh, folks to do that, including architects, surveyor. Um, and what we did not anticipate, um, was that we the property was in the Groundwater Protection Overlay District and even though it is a conforming lot in the R-1 district, it's actually one of the few lots in that neighborhood that actually conform with the area requirements. Um, it does not conform with the, uh, requirement for 80,000ft². Um, it being just a little bit over 30,000ft². So we consulted with the building inspector, um, and he suggested that what we needed to do, and I concur, is, um, apply for a special permit under the groundwater protection, uh, section of the bylaw, section 9.1 and section 9.19. Um, says that a special permit would be required from the CBA for an enlargement or alteration of existing uses that do not conform to the pod. And so here we had an existing home that does not conform an existing house lot that does not conform to the 80 zero zero zero square foot requirement of the body, although it does conform to the underlying zoning. So that's why we're here. And then we, um, we have plans that were submitted and we can explain with reference to those. And I know we have some neighbors here as well. Um, exactly what is proposed. But I think, as you will see, um, there, the basic proposal is to relocate the location of the house, which, um, you can see on the the plan is, um, numbered as number 21. It's right. The, the the former house was right at the end of Lakeshore Ave. Um, and then there is an adjacent garage structure which is still there. Um. that straddles sort of there. There. The property is made up of multiple assessors lots, but together they are in common ownership and add up to the um, 30,287, 00:07:12,800 S2: I believe was the number. Um, square feet. Um, so the the notion here is that that former location, um, as you can see, was nonconforming. It, um, probably encroached over the property line and certainly didn't meet the front setbacks. So, um, if you go to the next sheet. 00:07:40,230 S2: Um, this is just illustrating where the setbacks actually are. And you can see very lightly the footprint of the former residence in sort of pink at the end of Lakeshore Drive. Um, and then the next plan is. 00:08:03,100 S2: Um. 00:08:06,600 S2: There you go. It's showing, uh, the site in in relation to the lake, first of all. Um, I know. 00:08:14,470 S3: It's sensitive. 00:08:17,600 S2: Um, so this shows, um, existing conditions with reference to, um, allows you to pan out and see, um, the neighbors and adjoining uses in more detail. Um, also includes the dimensional regulations that apply. Um, if you move to the next plan. 00:08:43,929 S2: All right, well, this is the proposed layout plan with the house being relocated, um, more in the middle of the lot in a conforming location. The location was intended to line up with the existing driveway off of Beach Street, so that that driveway is going to remain. The proposal is for the existing garage to also remain and be, um, renovated, and for the driveway layout to be suitable for its use in connection with the new home. Um, the new home is a would be proposed to be a three bedroom home. Um, it's the house. Plans are included with the packet. It's a relatively modestly sized home. Not not terribly. Um, um, larger than than the existing than the footprint of the former home. So I think the lashes and and, uh, Miss Kelly have really put some thought into how to preserve the value, but keep something in scale with the neighborhood. Um, and then if you proceed down, we have some pictures of what the house will look like. Um, these are the, uh, conceptual, um, elevations, um, along with the floor plans showing the three bedroom, uh, layout. 00:10:28,470 S2: And. 00:10:32,830 S2: I think there are also some. 00:10:36,830 S1: It's a eight foot deck right there. 00:10:40,470 S4: I think that's correct. Yes. Yeah. 00:10:44,769 S1: That's eight feet all the way around. 00:10:52,669 S2: Did I leave anything out? Dave, that would be, uh. 00:10:56,269 S4: I don't think. 00:10:56,830 S2: Useful about the thinking about the design, I think. Um, the intent is that once this. If the special permit is granted, then, um, the next stop would be to the Board of Health to get approval for a septic design. Um, there is an existing, um, septic design for a two bedroom, um, system because the original house was two bedrooms. Um, and that's already been approved by the Board of Health. We've had, um, folks out there. Uh, Dan Johnson has looked at it and, um, feels very confident that the soils, although they haven't been witnessed yet by the Board of Health, they've been a lot of discussion with the health agent. And, um, Dan feels confident that there are good soils to site, um, a three bedroom system. So we would have to do that as our next stop. 00:11:52,429 S1: What's so? The square footage of this house is 1400ft² 00:11:58,700 S1: for the house itself. There's also limitations on coverage. 00:12:15,429 S1: 15% of the lot. I didn't I didn't see in the calculations. Usually they show existing and proposed, but I didn't see what the proposed numbers were anywhere as far as total lot coverage. 00:12:29,970 S4: With the Dax. 00:12:31,169 S2: Maximum. 00:12:32,299 S1: We have to include the deck too because that's. 00:12:44,629 S1: And do we know the square footage of the existing house was. 00:12:52,399 S2: Um. 00:12:55,129 S2: Maybe approximate. 00:12:56,470 S4: Somewhere in this folder is that calculation. But I don't know exactly what it is. 00:13:02,330 S2: You might have it on the demolition permit. 00:13:13,269 S1: And look through the plans. Unless I missed it, I didn't see that kind of comparison of existing and proposed. 00:13:28,269 S1: And it looks pretty close. 00:13:33,429 S1: Except for the deck. Makes it, you know, adds a lot of coverage. 00:13:39,370 S2: Um. I'm sorry. I should have caught that, but I did not. I think we have some old plans that had calculations, but for some reason they didn't get on to the new plans. Um, 00:13:55,500 S2: let me see if I can piece this together. 00:14:14,269 S4: Too. 00:14:18,129 S2: I think, um, I don't have the number. I'm pretty sure we determined that we were okay there. Um, we can certainly provide those figures. 00:14:34,669 S1: Yeah, that'd be good to know. Um, because it is a, you know, the 9.1.9.3. 00:14:46,600 S1: And use that will render impervious more than 15% or 2500ft² of any lot. Whichever is greater 00:14:55,870 S1: would also require a special permit. 00:15:05,330 S1: System for groundwater discharge must be provided, which does not degrade groundwater quality. 00:15:14,100 S1: Um, I don't think. 00:15:18,230 S2: I. 00:15:18,870 S1: Have to worry about. 00:15:19,700 S4: That. 00:15:20,129 S2: No end. 00:15:21,429 S1: In this property. I mean. 00:15:23,269 S4: Uh. 00:15:24,700 S2: I also think that, um, the way I had read this is that we would be able to offset because the existing conditions already reflected. Um. 00:15:39,230 S2: We should get credit for the impervious area that was in existence because of the existing House. So we're not. We're not. 00:15:55,029 S2: Changed. The change is not creating a, um, impervious area. The change is not rendering. 00:16:05,399 S2: Impervious. More than 15%. 00:16:12,100 S1: Well, is that is the driveway going to be paved all the way up to the existing garage? 00:16:20,169 S2: Um. 00:16:21,429 S1: Because that's a lot of that's a lot of area to for impervious. 00:16:25,100 S2: Is the existing driveway paved? 00:16:27,169 S4: Yes. 00:16:27,700 S2: Yeah. 00:16:28,230 S1: Yeah. It says somewhere. Yeah. Bituminous on this existing plan. 00:16:38,629 S5: So this is Denise Kelly speaking. If you were asking what the square footage on the proposed house is, it's 143ft². 00:16:52,299 S2: Does that include the, uh. 00:16:53,970 S1: And who are you? I'm sorry. You're coming through a speaker. 00:16:58,230 S5: I'm sorry. What? 00:16:59,570 S1: Who are you? What are. 00:17:01,029 S5: You. Kelly? 00:17:02,370 S2: She's my. She's one of the honors that I mentioned at the beginning. 00:17:06,599 S1: Oh, okay. Okay. I'm sorry. 00:17:08,970 S5: So, um, I do not believe that that includes the eight foot, um, deck span around it. 00:17:17,069 S6: Is that interior square footage or or, uh, the area of the house, the lot coverage. 00:17:25,269 S5: The the lot coverage is 50ft wide by 20ft deep. So I, I think that's the interior. 00:17:36,000 S2: Yeah. 00:17:36,299 S4: So yeah. 00:17:36,769 S5: 2020 you see it's not a full two story. Um there's a great room. So. 00:17:46,630 S1: Well, it's just that it doesn't matter what's sorry. It doesn't matter what's happening inside the house. It's just what what space you're taking up on the land. 00:17:54,730 S5: So it's 50ft wide by 28. 18. 00:17:58,369 S1: Yeah. So that's. Yeah 1400. 00:18:00,730 S4: Yeah, yeah. 00:18:02,000 S1: Square feet there. And then the deck. You know I don't have the full dimensions on that, but. 00:18:12,200 S1: We should probably get those numbers just so we have them on record. 00:18:16,230 S2: Yes. 00:18:18,529 S1: And if we can find out what the original house was. 00:18:26,329 S1: As far as lot coverage and we can kind of compare. So the concern is just still want to. 00:18:31,970 S2: Yeah. 00:18:32,329 S1: Go too much on the coverage because of the sensitive site. 00:18:36,799 S2: So just with just for frame of reference and I realize this is not complete, but I think it does suggest we are well within the, the um, realm of of possibility. Here. Oh, yeah. The 1400, in and of itself is is 4.6% of the lot. 00:18:56,799 S1: Area of the whole. Okay. Yeah. I didn't run that number. Yeah. Yeah. 00:19:02,799 S2: I think that's right. Somebody should double check me, but I just. 00:19:12,269 S7: I have a question on that plan. I'm John being a trustee for the company that owns not the company. It's a charitable trust fund that owns the Zero Lakeshore. Looking at the map that was on the screen. Uh, it looked like there was spillage over onto zero Lakeshore Drive, which is owned by the charitable trust fund, along with the letter that I got, the saying that the development company was talking about developing the two lots, Seven, 48 and zero Lakeshore. That's what's on this letter that I write. 00:19:50,700 S4: John, may I clarify? Is that okay? Sure. Yeah. The town, um, assigns zero street address to a bunch of different lots. And there's two zero lakeshore avenues here. Um, this this plan here. This is the plan I'm showing. 00:20:15,170 S7: So that must be much spillover into the ones that are owned by. This is the, uh. 00:20:21,670 S4: This is the property that you represent right here. 00:20:25,769 S7: That's zero. Lakeshore. Uh, no. That's what. 133 4546 I don't represent that. 00:20:34,170 S4: Uh. 00:20:36,930 S1: 129 yeah. 130. 00:20:39,769 S4: The property. 00:20:40,769 S5: 33. 00:20:41,569 S6: Lot coverage can't exceed. 00:20:43,630 S7: Yeah, I'm not concerned with that. 00:20:45,700 S6: I'm not trying. 00:20:46,799 S7: To stop. 00:20:47,170 S3: It. 00:20:48,029 S7: Yeah, I'm looking at it. 00:20:48,799 S1: This looks over this area. 00:20:50,069 S7: Just one. 00:20:50,769 S6: Check. 00:20:51,000 S4: That. 00:20:51,799 S7: This is zero Lakeshore. 00:20:53,029 S6: It's a little less than that. There's a couple I just rounded up to 25,000ft² for the lot. 00:20:58,170 S1: Yeah. Okay. 00:20:59,170 S4: The Lakeshore avenue. 00:21:02,369 S7: So we're. 00:21:02,799 S1: Well under. 00:21:03,970 S7: My tax bill. 00:21:04,799 S2: The whole lot area is 30,000. 00:21:06,700 S6: Yeah. -14 for the House. 00:21:11,400 S6: With 2350 for the driveway on the deck. And theoretically. Well, I'm considering the garage part of the site. 00:21:20,069 S7: Yeah. 00:21:21,170 S6: We could put it all together and say the garage, the driveway, the house, and the deck is part of the two lawns together. 00:21:26,700 S1: Yeah. Because they're kind of treating it as one lot. 00:21:29,000 S6: Yeah. 00:21:29,799 S1: Um. 00:21:31,000 S6: So how big is the, um. 00:21:32,869 S1: So overall. 00:21:34,369 S6: How big is the little guy. 00:21:35,630 S7: That says. 00:21:38,099 S6: About 55. 00:21:39,069 S7: Applications of property at 21 Beach Street and zero Lake Shore Drive a separate map. This map 66. 00:21:46,369 S4: Lots 4740. 00:21:48,369 S6: 500ft². 00:21:49,799 S5: 46. This is pretty scary. Um, the lot that you own is the. It's shown. There is lots 45 and 46. That's what's reflected on the deed that. 00:22:02,200 S4: Uses this lot here. 00:22:04,230 S7: 45. 46. 00:22:05,869 S5: And right there. 00:22:07,269 S1: Oh, so you're above the garage. 00:22:08,599 S4: Yeah. Yeah. Correct. And this is this has been unclear for a while, but this is the property that John represents. 00:22:18,470 S1: Okay. Yeah. 00:22:19,599 S7: What does that say for a square footage. 00:22:22,099 S1: 5560. 00:22:23,799 S7: 0.15 of an acre. 00:22:27,069 S4: That's about right. 00:22:27,970 S7: It's 5569 00:22:31,299 S7: 5560 I think is 43,000. 00:22:35,500 S6: Yeah. Yeah, I was 43. 00:22:39,400 S7: Wow. 00:22:43,970 S7: I don't have a problem with the building going up there. I don't spill over into it. How big? The light that's on. 00:22:51,099 S6: By the sun. 00:22:51,630 S7: Because even though I'm a trustee, there is another 24.5. Sure. 00:22:57,369 S4: Sure. 00:22:57,799 S7: It has to go along with anything. 00:22:59,569 S4: You bet. Yeah. 00:23:01,029 S7: In fact, I know Denise has made an offer for it, but it's two halves. 00:23:08,000 S1: So where's the lot? Zero. What's the lot zero coming from? 00:23:12,470 S7: Well, according to this, it says zero Lakeshore Ave. And according to the on a lot lines that he has on that 66. It's lot 47 and 48. 00:23:28,930 S7: So I think. 00:23:30,569 S2: On the first. 00:23:31,170 S4: Page seven. 00:23:31,730 S7: And 48 would be a lot more than 0.15 of an acre. 00:23:36,670 S2: I think maybe the easiest way to see it visually, because there are a lot going on these plans. There's a Lucas plan on the very first sheet that is shaded that shows the two lots clearly lot 131, which is the 21 Beach Street address, and then lot 132, which is the lakeshore address, and they are contiguous to one another. 00:24:10,200 S2: And have been actually since I think, the 40s. 00:24:20,130 S7: Well, this is it says the Park LLC is looking to develop hopefully. 00:24:28,299 S2: Yes. 00:24:30,200 S1: Together as one. 00:24:31,970 S8: These are so here you can see this is the main spot and. 00:24:37,769 S6: Give any. 00:24:38,130 S8: Numbers on what. 00:24:39,000 S6: Are. 00:24:39,170 S4: The. 00:24:39,670 S6: Chad's garage. 00:24:41,630 S8: So those are. 00:24:42,630 S1: Both. Well, I do not know. 00:24:47,000 S1: It's existing. 00:24:49,500 S4: It's where the garage is. 00:24:52,069 S1: It's big. 00:24:52,529 S6: Looks like it's about 40 by 20. 00:24:56,130 S8: 31, 32, nine. 00:24:59,730 S6: 800ft². 00:25:02,730 S1: I'd love to get more dimensions on this. 00:25:04,569 S6: Yeah. 00:25:05,029 S1: Just understand. 00:25:07,230 S6: So as long as I. Driveway is under seven. 00:25:09,000 S1: Oh, here it is, 36 by 24. 00:25:12,500 S6: That's about what I calculated. 40 by 20. My tax bill. 00:25:18,029 S7: This tax bill. 00:25:19,769 S2: And I think we could probably, um. 00:25:22,430 S9: I'm just curious. 36, $16. 00:25:25,769 S2: I think we're pretty close. And we could certainly live with a condition that we not exceed. 00:25:34,630 S6: 15% or 15 of the lot area of the two, the two parcels combined, and that coverage includes any paved driveway, the existing garage, the new house and the deck. Yeah. 00:25:47,470 S2: Yes. 00:25:48,230 S6: Although the deck, we consider the deck to be obvious, even though it doesn't have a roof. 00:25:58,829 S7: I want to be clear. 00:25:59,869 S1: They consider it as a structure. 00:26:02,029 S7: I'm doing what they want to do. As long as it doesn't affect my life. 00:26:07,029 S1: Yeah, no, I understand. 00:26:08,069 S4: I don't. 00:26:08,369 S7: Have permission. You know, I have to talk to our own attorneys. 00:26:12,769 S1: Yeah. 00:26:13,670 S7: On both sides of the family. Because there's two sides of the family that are involved in that. Even though I'm the trustee, you can give final. Okay? I don't, unless I get the okay from the other side. 00:26:25,700 S1: So you're definitely a lot. 3133. Right. You're definitely not. 133. 00:26:33,069 S7: No I couldn't. There's a tax bill on like zero Lakeshore. And if you go by what they have on lock 47, 46 and 47. 00:26:43,799 S6: 060 is your street address? 48 would be would be the street address, not the lot number. Zero would be the street address, not the lot number. That's right. There's just two different ways of, you know, labeling the property. 00:26:57,069 S8: All right. That's the parcel map 66, parcel one. 00:27:00,829 S7: Okay. Parcel 133. 00:27:02,769 S1: Okay. So that's the. 00:27:03,599 S7: One. 00:27:04,369 S1: Abutting this property. 00:27:05,670 S7: 47 and 48. 00:27:07,500 S1: Yeah. 00:27:08,230 S4: And your tax. 00:27:09,029 S8: Match. 00:27:10,170 S7: My tax bill says zero. Lakeshore. 00:27:12,230 S8: Yeah. 00:27:13,230 S1: Yeah. Because there's no street address. There's no mailbox is 133. 00:27:21,569 S7: Is that. 00:27:22,069 S2: I can. 00:27:22,400 S4: Assure. 00:27:22,630 S1: You. So it shows on here map 133 comes up. 00:27:26,470 S4: Nope. 00:27:27,029 S1: Nope. That's one garage on 132 right there. 00:27:31,630 S4: Yeah, that's this piece. And the one with the garage is lot 132. 00:27:40,630 S7: This is 50ft by 130ft. 00:27:44,730 S1: That's 45. 00:27:46,769 S2: 125. 00:27:47,730 S4: Assessors say it's 5560ft². 00:27:59,769 S7: That's what it is. That's what it is. 00:28:08,200 S1: You should go to the town tomorrow. Talk to them. Make sure that you're good there, because you can always come back appealed or whatever. If you really think there's something wrong. But I think it looks. It sounds like you're in good shape. 00:28:21,569 S7: Don't have a problem with wanting to do the right house. 00:28:25,670 S1: Yeah, no, I understand. 00:28:26,569 S7: It on the house. That's fine with me. I just don't want it to spill over on the property. It's owned by the trust fund. 00:28:32,230 S1: Right? 00:28:32,599 S7: Right. Because eventually I'm going to sell that property and it goes into a charitable Trust. 00:28:38,599 S1: Yeah, so. But you were not. 00:28:39,900 S7: I don't want something to be there that's going to impede the sale of the property. 00:28:44,299 S1: Right. And by this plan. 00:28:47,670 S4: Which is. 00:28:48,099 S1: This. 00:28:48,599 S2: Survey. 00:28:49,369 S1: Not getting any closer to it at all from what's there? 00:28:55,170 S6: And for reference, I just looked up zero Lakeshore Ave in the assessor's database. And there are ten properties that are numbered zero Lakeshore Ave. 00:29:05,799 S1: Pick one. Yeah. A lot of money. 00:29:08,670 S7: So you're Lakeshore. 00:29:13,099 S4: You probably move further away from that. 00:29:15,269 S1: Yeah, yeah. So actually, yeah, the house is getting further away from your property as its plan. 00:29:23,500 S4: Well, I. 00:29:24,099 S1: Think the. 00:29:24,369 S7: Problem with the dimensions is they're too close to the line. That's doesn't make a difference to me. 00:29:29,130 S1: Yeah. No, I think you're. I think you're good. You're safe. 00:29:34,099 S1: Okay. So, Um, where are we with this? 00:29:40,930 S3: So the, um, that requirement for the 15% impervious or 2500ft². That's not a prohibition. It just means you need a special permit. Yeah. In order to do it. So. Okay, it's up to you. You could either ask the board to table to next month and come back with that information, or if you feel confident that you're going to be under, then you could ask them to approve it with that condition. 00:30:05,130 S2: Based on the numbers. Um, we are within a margin of error that something could be adjusted. Um, if we need to. So I think we'd rather have the decision this evening so that we can go forward. And if we have to come back for a special permit because we were wrong, we will have to make that trip. But in the meantime, it would. Um, my memory is that and I apologize that it's not on this plan, but we had done the calculations at one point. There's been a long project and that we felt confident that we were okay there. And judging by the numbers, I think I'm confident that we can get there. 00:30:47,269 S1: So we 00:30:50,069 S1: run the numbers. But I think this is what's kind of close enough just to. 00:30:54,400 S6: Yeah, roughly. 00:30:57,000 S1: And what do we end up with if we take the garage, we take the house, propose we add, you. 00:31:01,630 S6: Know, so the the lot the big lot is 25,000ft² plus approximately slightly less plus 5500 for the smaller lot. That gives us a total of 30,500ft. Yeah, 15% of that is 4575ft. 00:31:21,430 S6: -1400 for the House, -675 for the deck. 624. Roughly 625. We'll keep them nice and round or multiples of five. Uh, so that leaves us with 2550. Would you say you said that the garage is, what, 38 by 24? 24? 00:31:45,869 S1: But yeah. Let's see. 00:31:47,400 S6: That's one calculator over here. 00:31:50,069 S1: Yeah. 36 by 24. 00:31:51,700 S6: 36. 00:31:52,230 S3: By. 00:31:52,470 S6: 36. 00:31:53,099 S3: Times 24 is. 00:31:54,599 S6: 864. So -865 00:31:59,769 S6: leaves us with, uh, 1680 five square feet for, uh, paved pavement for asphalt. 00:32:08,569 S1: Okay. 00:32:12,869 S4: We can certainly work with that. 00:32:14,170 S8: Yeah, I think I think so. We're in good shape, so. 00:32:17,430 S1: Yeah. 00:32:20,470 S1: It seems like it's pretty. 00:32:32,599 S1: It's pretty close. 00:32:33,269 S6: But that's just one of the conditions. I mean, we already satisfy condition one with the need for the special permit of the enlargement or alteration of existing uses. 00:32:46,730 S8: Right. 00:32:47,670 S2: And I think, as Mr. Connor said, 9.99.1.9 00:32:54,230 S2: is actually listing three different bases for special permits. 00:33:00,230 S8: Right, right. 00:33:02,670 S1: Yeah. Just want to make sure we cover. Miss something in. 00:33:06,369 S8: There. Thank you. 00:33:08,029 S4: Um. 00:33:10,869 S1: I mean, it is very similar in size that you're reconstructing. You know, we don't know what the old one was. Um, and when you look at the overview of the bird's eye view of the property, there's obviously a lot of other more dense construction around the area than what's. Yeah. In this property, too. So, um. 00:33:41,299 S1: Yeah. I don't think it'll be a problem as you talk to DEP, uh, for this. Do you have to know? Because the overlays are just. And proximity to the lake, obviously. Ah. 00:33:57,930 S3: Yeah. 00:33:58,730 S1: Properties within 100ft of the lake edge. Right. Uh, the property line is not not the. 00:34:03,700 S2: Property line, but. 00:34:04,369 S3: The work isn't. 00:34:05,970 S1: Yeah. Okay. So. 00:34:06,869 S2: And I believe can come. I don't know whether they reviewed the application. 00:34:11,070 S3: But the conservation agent said it didn't require conservation. Okay. 00:34:16,199 S1: Okay. Yeah. So the only concern was the septic then, um, that you would have to get approvals for to get the building permit. Right. 00:34:28,400 S4: Um. 00:34:30,130 S1: Okay. 00:34:32,900 S1: Is there anybody else have any comments on zoom? 00:34:38,630 S10: Just one question. Is the building going to have a full foundation or is it being put up on a slab? 00:34:46,269 S4: Our thinking is a crawlspace. Just from living there for a really long time. The water table is, you know, we know where where it is from the test pit results. But it feels from our experience that a full basement is would is asking for some trouble. So probably it's a crawl space. 00:35:07,030 S1: Okay. 00:35:13,699 S1: Answer your question. 00:35:16,130 S10: Yes, sir. 00:35:16,630 S1: Thank you. Okay. 00:35:21,869 S1: Um. And I guess. Is there anyone else? 00:35:28,929 S11: Sound like it? 00:35:31,769 S1: Well, I think you guys have any thoughts on this then? 00:35:39,570 S6: Nothing that hasn't already been answered. 00:35:41,300 S1: A little bit. Yeah. Uh, you might want to reconsider. Um, I guess we can move on to a vote on it if we're ready. I think I'm ready. Uh, entertain a vote. Motion to vote. 00:35:58,570 S6: I motion to, uh, motion to vote on the property at 21 Beech Street. 00:36:07,869 S1: Okay, so we're going to, um. 00:36:15,300 S1: I just want to make sure we're clear that, you know, we're lacking some dimensions, but the property is going to have to stay. Can't grow any more than it is than what you have proposed, square footage wise. Um, And deck size wise. Um. 00:36:34,500 S3: So I think when the board reads the decision, they'll have a requirement. You write in that impervious surface coverage. And over that threshold, you'll have to come back for this. Yes. 00:36:43,400 S4: Yeah. 00:36:44,170 S3: Yep. 00:36:44,630 S1: Yeah. Um, just to make sure that's clear. 00:36:47,099 S2: That's reasonable. 00:36:47,699 S1: Thank you. You guys go running willy nilly. Um. 00:36:51,900 S6: We we're voting on a special permit right now. 00:36:55,300 S1: Yeah. So that's it? Just a special permit. 00:36:57,869 S6: Maybe I misunderstood what Mark was saying. 00:36:59,699 S3: Yeah. So there's a special permit for the lot size, which you're voting on now, and, um, they're going to update for the lot coverage. If it's if they're under, they're fine. If it's over, they have to come back for another special permit. 00:37:12,099 S6: For the groundwater recharge. 00:37:14,800 S3: Groundwater protection. 00:37:15,670 S1: Protection. Yeah. Just for the size the amount of coverage on the lot. 00:37:21,269 S6: Gotcha. 00:37:22,030 S1: Yeah. 00:37:22,369 S6: So we're limiting them to 15%? Yes. With this special permit. Okay. Yeah. 00:37:28,869 S3: Well, that's. 00:37:29,599 S1: Right. 00:37:30,099 S3: That's what's in the bylaw. 00:37:31,099 S1: So that's what's in the bylaw. Yeah. We're going to try to keep it as close to that as possible. 00:37:37,829 S6: This is a condition for which we would need to approve a special permit to exceed that. And if it's this is how I'm reading. If it's exceeded, then there's a requirement for the groundwater recharge system. 00:37:48,130 S1: The assistant for groundwater recharge must be provided, which does not degrade groundwater quality. Um. 00:37:55,969 S3: But we're not sure they need that special. 00:37:58,130 S6: Yes. 00:37:58,469 S1: Right. Right, right. And we don't have enough numbers. I mean, we could. Yeah. We'll just have to say that that's what we have to. We you have to prove that you're meeting these, um, factors here. Correct. Prior to pulling, getting a permit. 00:38:20,670 S2: Understood. 00:38:21,269 S1: Okay. All right. 00:38:26,000 S6: So there's a motion. There is a motion on the floor to vote on the special permit at 21 Beech Street. 00:38:31,699 S1: Okay. Entertain votes. Is there a second? Second. Second. Second motion. Okay. And motion to vote. All those. All those in favor. 00:38:46,070 S6: Say. 00:38:46,269 S1: Aye. Aye aye. Aye. Aye aye. Okay. Um, so we have 20 or 14 days to write the write all this up and get all this information in, um, submitted to the town. And then there's 20 day period appeals period that will go through. And then you'll get a letter from the town saying you can move forward with this. Um, but in the process, you've got the septic stuff going. Yeah. Yeah. 00:39:16,500 S2: Um, and thank you for the for understanding about the, um, the figures and for working through that with us. I appreciate. 00:39:23,900 S1: It. Yeah. It's. I'm sorry. I wish we had because it would have made it alive? 00:39:27,469 S4: Yes. Clear. 00:39:30,070 S1: Through it. 00:39:30,369 S4: All. 00:39:31,329 S1: Okay. Um. 00:39:33,929 S2: All right. Thank you very much. 00:39:35,269 S1: Looks good. Okay. 00:39:38,869 S1: Um, the next item was the, uh, comprehensive permit for 133 Essex Street. And we received a letter from the. 00:39:52,000 S4: Lawyer. 00:39:53,570 S1: Representing the client. The, uh, the owner. Um, there you go. And I'll read that. 160 received. No. January 20th, 2026. 00:40:06,869 S7: Okay. Good luck. 00:40:07,570 S4: Okay. Nice to meet you. 00:40:11,130 S1: Okay. Um, dear Chair Gingerich and members of the board. Reference is made to the above captioned matter. Um, the 133, uh, comprehensive permit in that connection. And on behalf of Chappaqua Hill Capital Partners, LLC, applicant for the Comprehensive Permit for the development of a Certain Property at 133 Essex Street in Hamilton. I hereby request that the board allow withdrawal of its application so we can entertain a vote on allowing them to withdraw their application without prejudice. 00:40:48,099 S6: I motion to allow the project at 133 Essex Street to withdraw their application without prejudice. 00:40:55,469 S4: Thanks. 00:40:55,670 S1: Second. Okay. All in favor? Aye aye aye. And, uh, that I'll write up that decision and send that in. Um, and the land was purchased for preservation, which is great. It's really good for the town. I'm a win for everybody. Yeah. And then the last thing was a meeting minutes. Um, um, from January 1st seven. I'm sorry. Wait. Yeah. First we'll be here on a first. Wait. I was thinking the first month of the year. Um, January 7th, 2026. Uh, anybody see any issues with that? 00:41:41,400 S3: I did not, I reviewed them. 00:41:42,869 S1: They look good. Okay. 00:41:44,500 S6: Pardon me. 00:41:45,800 S1: Motion to approve meeting minutes. 00:41:48,630 S6: I motion to approve the meeting. Minutes from January 7th, 2026. 00:41:53,070 S3: Nice. Second. 00:41:54,769 S1: All right. All in favor? 00:41:56,269 S6: Aye. 00:41:57,269 S1: Aye. Those meeting minutes approved. And that is it for now. Hopefully next month we're back at our home place. 00:42:06,400 S3: Hopefully. 00:42:06,869 S1: Hopefully. 00:42:07,670 S3: We'll see. 00:42:08,199 S1: We'll see how the construction goes. Yeah. 00:42:13,230 S12: All right. Well, uh, I'll take a motion to adjourn. I motion to adjourn. Well, there I. All right. He's just.