And I do see that we have a full quum and I will scoot Joanie just before we get ready the regular meeting. So I'll just read the u the meeting called to order the application 25-12 CBA Heather Barry and Eric Bear seeking a variance presentation by the application will be first up and then we can have comments and questions by the staff by neighbors the applicant all that good stuff. So, with no further ado, I'll let you guys take the floor.
All right. I'm Heather Barry.
I'm Eric Barry. Thank you all for being here tonight and allowing us some time to present our project. so we are here tonight requesting a variance to allow for replacing our existing aging 12x20 garage with a slightly larger 14x 24 garage in the same location. We're not looking to move it at all. I'll put it in the same location other than the increase in the overall foot will come a little bit forward closer towards the road, a little bit closer to our house but not closer to the lake or closer to the property line. this is only a 96 foot increase in overall footprint but offers increased functionality and storage with the second floor storage lot. So we have here a list of our hardships and justifications. So, one being that the current garage is undersized and aging. It was built
for a seasonal cottage that was originally on the property. and it does not provide adequate storage for a year-round single family home with children, what we have now.
number two would be the setback limitation. and if we could bring up the exhibit, it's the the plot plan be page, but if you want to see it on on screen.
Okay. Well, it'll be recorded, I think, too. Right.
820.
Yeah.
There you go.
It might be a little hard to see, but it's up there. It
is. When can you go to the Zoom and hit share screen so that this is recorded in here? That was green. [Music]
You guys can
Yes. Well, I can bring that up. I just really wanted so you guys could see the setbacks that are seeking variance for and the ones that are currently what make our current garage that I'm conforming. It's the proximity to the property line on the I guess the south side of the property and and then the lake on the back side of the garage. so these town setback requirements adopted after our lot was established and the unique shape of our lot renders compliance with setback requirements a hardship. We can't place a storage shed of any kind or accessory structure elsewhere on the property. So our only feasible solution is to seek variance to modestly increase the size and functionality of our only existing garage. we also have no alternative storage options. We don't have any attic in our home. Our basement because of proximity to the lake you know there's a risk of flooding. You also can't store any kind of power equipment in the basement. You don't want to have engines with muscle fuel in them in your basement in your dwelling. so right now currently because of the size of our garage, what we have in there, essential items such as our lawn mower, bicycles, strollers, they're all being kept outdoors under
which exposes them to damage. Doesn't look great. It clutters up the property, creates safety issues, all those things. family needs, we're a family of three with hopes to expand, stay here in town, and our current garage is insufficient to support our growing needs. we do view this as a modest request and we do also have the exhibit from Boer Farms which which was helped to
Yeah. So that
help you guys visualize exactly what it is and how it
Yeah.
Is that the exact thing you're looking to get?
It's Yeah, we already went there. We picked it out. We're like they're ready to go. They're just waiting obviously on if we can do it or not. And it's already put together so it's not going to be like a long project that will impact the neighbors. this art. It just
hey'll they're going to prep the area and then probably cleverly named floater.
Yeah, it's going to be the only one that says floater.
Yeah, but it's basically
they're going to truck that in.
Yeah, but our driveway is straight and short. So,
our current garage is 12 feet in height. This would only be 16. Gives us that additional space.
And we're at 12 and this is 13 or 13t 8 in. So it's not even really 14, but
again, so the proposed replacement adds only 96 square feet to the overall footprint. Really the game changer for us is just that additional storage above. Right now we have nowhere in our garage, just raptors. Maybe we can put some new pool floats and noodles up there and things like that, but other than that, you're not putting anything up there.
so it's a small and reasonable increase, but it greatly improves the functionality without overbuilding. the new garage will remain a single onecar garage. We don't really plan to plan park a car in there. but that's technically what it is. Single car garage but with safer more practical storage options. we also believe that it aligns with zoning goals other than these the variance that we're seeking here. improves safety and usability of the property, maintains the residential character of the neighborhood, enhances the property value without negatively affecting neighboring properties and the new structure will comply with watershed requirements
because we're going to put stone around it. So, we already talked to Linda Derek about that.
Yep. listen, we also do have a we had letters of support from our neighbors who are seated with us here today. we have those on file as well. Wanted to bring those up.
Yeah, you want to bring up the one from Elma. And then the other one from Mark and Na is in your packet if you want to just look at that one. But yeah, it's at the bottom. We only have
Yeah. it doesn't print out someone from Linda Barrett, but if you want to
So I can read this for the record. That's all right.
Sure.
So dear member the zoning board of appeals. I'm writing on behalf of Barry and Nether Barry's request for a variance regarding their proposed garage replacement. Elma is aware of the project and the dimensions and has no concerns for negative impact to the lady. though the proposed garage is slightly larger than the existing one, the setback from the water will not be decreased as we understand it. So at this point, all five AMA board members are unanimously in support of the Barry's request for bearing no concerns to any increased potential harm to the lake. Feel free to contact me with any questions. Linda Derek, DMA president, and we did discuss with Linda that we do plan to surround it with stone to capture any runoff we use. current trucker doesn't have that brass dirt around it. So, it'll actually be, you know, after rain will run off better than what we have now.
We also have a letter from Mark and it's in your pack or Mark will let you say something at the end or turn I guess.
Yeah. You say it now if you want to read your letters.
Yeah,
remember what I wrote.
I can I'll read the letter. I'll read it.
I was just gonna speak temporarily.
Oh, go ahead. And I'll read it. Yeah.
And and yeah, I would be happy if you read it. But for my mind, it is not an appreciable change. It's just replacing an existing structure which well, a secret and it's it's really falling apart. I let the where it meets the ground it's rotting and so on. So I think this replacement and a little bit enhance the property enhance the neighborhood and would allow them to put their you know all the things that people use for maintaining their yard in a garage. So I think overall it's not an appreciable increase in size and I think it would would look very nice for the beginning.
So I endorse it both wholeheartedly and so does it native who unfortunately couldn't be here today.
And then David and our other neighbors we didn't make them write a letter because they're really not 100 feet but they're right next to market. So we wanted to at least get their approval and let we made them aware of the change. We're here full support you guys.
Do you want me to read off the letter or
No, that's Yeah, you have a copy in your in your packet.
yeah,
just in the record.
You keep talking about improved like safety like what do you feel is
o we were Yeah, that's so the next thing. Well, so we have one more thing and then we'll get one more time and then you Okay.
so you know, as as I noted, you know, we did already speak with Alma about surrounding with stone, capturing all their runoff. We also went to the wetlands commissioner here and got Joe and got our permit and also the Eastern Highlands Health District. and those are both on file. So, we paid for those permits. They inspected the project and approved.
So, even though the wetlands permit we were on the line, you're a little bit underneath. you probably could have maybe not done it right up front. we decided to just proactively get the approval so that we could hopefully move forward.
so yeah, we wanted to just say that we voluntarily paid for and obtain wetlands approval because although technically it wasn't required small footprint increase, we thought it was the right thing to do and we understand we want to be good neighbors to the lake. let's see. And we also, again, just to reiterate, we also plan to adhere to, it's the new wershed regulation. That's what we're going to adhere to again because we're under that 100 square foot improvement. Technically, you don't need to, but we are going to follow that and surround it with stone, capture any rain water running off the roof.
and that brings us to safety, family impact.
Safety and family impact. So, air sometimes works overnight or early in the morning and we have a baby. so right now we obviously have no garage and there's nothing attached. But like in the morning when I have to bring him out to daycare, just to be able to pull my car in when it's bad out and not have to like have him inside and you know, I don't have anyone else there to help me to clean off my car. And then also with the lawn equipment, it's a safety hazard because once he starts running around, if we have all our equipment in the yard
and we can't get it all into that garage, you know, he's he's the child is going to get into it. so having a functional garage space would allow me to safely park inside during storms and winter weather. We're not planning to do it all the time, but just when we really, really, really need to. So this request is more not really about luxury, but more about safety, practicality, and meeting the basic needs of our home. And so to conclude, given the mod modest scope of the request, unique hardships of the property, being it's a non-conforming lot around the lake, and just not a lot we can do there without seeking a variance, the lack of alternative storage options, and the support of our neighbors, no objections
from Alma. After fully describing the scope of the project, we respectfully ask the board to considering grant the variance. Great. That's it. Any questions, D? Yeah. So the existing garage is what is it on a slab or is it what's
Yeah. So it's on a slab and cl spoke to cloud farms and their preference is to do it on stone. So our plan is unless when they do the site visit because you can't have the site visit until you have the permit is to place it on a bed of stone like they're they're asking us to which would be better for the lake anyway. So unless there was some big hardship with that, we that's what our
Jam take the slab out.
We're trying to get the flab out and put it on a bed of stone and it shows I don't know if you have it. If if you look at the diagram that Wayne had up before
which one is it? No, no. The one from Clott Farms, it shows like, you probably can't see it here, but if you zoom in underneath, it shows like on a bed of
So, you're taking a structure that's mounted, per se, to the ground and actually moving towards a structure that's not mounted. So, Wayne, where does that fall into? It's still a building within
It's still a building perh zoning. It's
roof,
right? Yeah, it's
okay for zoning purposes.
For zoning purpicial purposes, it may be something different because it's not right.
Right. I you guys didn't mention it, but I'm going to point out the hardship I think that that I see. you can't obviously move this to the front yard.
Yeah.
You're you're going to be a violation of setbacks in a worse situation. And same with the sideyard for the lake. you're going to eat into your 75 ft requirement. So, your hardship's really there's nowhere else to do this. Initially, we were looking into a storage shed a lot cheaper and there was just nowhere to put that. And so, we're thinking we'll have to go through this whole process just for the shed. We have a building that's already there. Just let's make it a little bit bigger, more functional for us,
not not go any closer to the current, you know, the property line now or the lake and just improve the overall functionality of what we already have. I just thought that made more sense and you know any anywhere we could seek approval for a shed anyway really just
functionally like even that 75 ft like Wayne you saw it it's a hill so it's not like it's a flat area at the side or the front where we could place it there's literally no other place to put any other structure our only option is to
I didn't visit the site support just said that I just couldn't see any other place to put it
yeah I went there Perhaps yeah
I have a question about so you have increase in imperous surface and inland wetlands is okay with that right
improved and everything there's a
one question I have related to that so I appreciate your the idea to try to mitigate that which is what happens in some coast you increase in impervious surface you have to mitigate that so that there's no extra runoff off your property
and I like that you're trying to do that have you had an inch in that like just putting stones on the ground is not the same as say doing ground work to say have a bed of stones like has there been any engineering
really following the guidance
of that waterershed allocation form and so it discussed or outlined putting out two foot of stone surrounding for a 2in rainwater event so 2 feet out from
it's 2 feet out yeah all the way surrounding the building
how deep is What he's talking about is the nutrient allocation.
So we didn't have to fill out the form because we're under the
whatever do
if they get the variance need to do that with that.
Yeah.
So we'll follow those guidelines and
so no we didn't you know engineer but those guidelines are there. Yeah.
Okay. All right. I didn't know that was part of the rules for blink. of the general.
No, I mean I just wanted to talk to Wayne about some of the passages he cited as to why it was rejected from in the first place.
It's an formul that afterwards. I'm not seeing
you're not ask questions. Joe, go ahead and ask.
so I don't know if Wayne knows
if the structure is encroaching on respect to acquired lot coverage, right? I mean, it's a tiny increase, but there's there's also a section of the statute that talk about you can't cover more than the
12% in the Lake District.
12% lot in the in the Lake District.
Does this put us have not done the calculations, but I their lot is bigger than most lots. It's just the way it's shaped. It's the way it's shaped because wires on
do not believe that they're exceeding well this will put them over the 12%
they don't okay
would that be part of the if we grab this would that be part of this
that's part of the nutrient alloc those all those numbers are in that nutrient allocation
okay before and after
I mean this will be our discussion when we go the passage where if the structure is nonconforming which I mean your grandfather because everything you have is
non but it you're not supposed to increase the size of volume of such nonformity but
I'm trying interpreted the language right
you know they're trying their best to they're like not making it any closer to the side or the water, but they are the structure itself would increase the line.
Exactly.
So, you know,
there's no way to make this component. Yeah.
You know, there's no way to make it perform. It's already there. So, it's just
I would point out the structure is there if the structure the existing structure could be rebuilt in its exact form.
Right.
If it fell down or something happened, it could be rebuilt. That leads to another question I had. I was thinking as I went through here, like would it you could might be able to save yourself some trouble. Maybe you want to put your car in there. I don't know. Could you get from just a smaller a smaller building that would be that would meet your storage needs for lawn equipment and kids stuff?
Yeah.
without without putting you without increasing your number.
It'd be the same though, right? Well, but the issue was we we've looked at several different sizes there and this is I I believe and we can confirm, but it's the smallest size that also allows the the full upstairs storage area.
I think so.
Any smaller and you wouldn't have that.
And the amount of money it costs to do it. It just like we have a baby and just doesn't really make sense for us to to replace the same exact thing pretty much. We'll need a little bit of
but it does need that extra width to have the staircase inside to be able to go upstairs. Even 12t wide for a car is pretty narrow. Open the door or something.
Yeah. You couldn't even get it right.
So the extra width and length allows for that stair stairs to be there and still have the ability to park a car.
What kind of like they're increasing the volume, but they're not increasing the nonconform.
They are increasing the nonconform
because they're putting in a larger building. So it's like four feet larger on one side, two feet on the other.
Well, they're increasing the structure, but they're not where it nonconforms. They're not incre you know what I'm saying.
Yeah. What she's trying to say is go beyond the volume of the property. Okay. It's not any closer to the sideline or any closer to the property is already there. The building
they're increasing something that already
Yeah. there. No, thank you for that. We wanted to point out we aren't we are not seeing a reduction in setbacks.
Right. Without seeing any kind of reduction,
right?
So So does is that what this I I think probably saying what this means is you're not supposed to really increase the volume of anything that have a
nonconformity to it or is it you know that's
Yeah, that's different.
Yeah. But for Gard,
right? I mean, one of the things, and seems like you've read the rules here, you have to demonstrate a unique hardship, which is a pretty high high bar. Like a place to put your car is not necessarily
No, agree. You know, unique hardship.
No, that's what we have to think about.
Well, right. And that's why we outlined several other hardships. really, you know, none more important than the fact that we can't put the storage building anywhere else on the property because
we also unique shape of it and the current setback regulations.
But just so you know, that's what we have to consider as we what they're saying is they can't have anywhere else,
right?
Most other properties in town. If you want the sword, you can add a shed, right? And we just can't do that.
They can't have shed,
right? we have because did you make that in
so I mean what can be really helpful at least to me anyway is like so that we know things are what they say they are to have an engineering survey is that part of what the town asks for ask for a waiver for that I actually have an A2 survey neighbor's property that does locate their
garage is and on on top of that all of those measurements ments. It's not just we willy-nilly drew it. It all with one with within one in like they're all one inched out and they're all they all match up to all of if you look at like all the town documents like the old documents from the 70s that are all in the file all the sewer the well all that stuff matches up to everything that's in the file. I did call about a A2 survey and it was $15,000. So, honestly, that's why I I tried. I called three places, but I figured unless you were really going to say yes and I was going to get a really nice garage. We
Sorry. It locates the property from
Yeah. Right.
So, that shows exactly like this is an A1 survey and it shows exactly where the garage would be.
The site of the lots are having the sidewalk. They're, you know, I think they're the same as they are now, but it's hard to tell about the hive watermark on the picture. It would look like it would be encroaching on that much more, but
it's not it won't change it. Yeah, we even had Linda Derek come over and look, you know, the Elmas, that's their biggest concern is is that and she said that it says in her letter that she doesn't have any concerns because it's not moving any closer. It's just moving to like one and a almost one and a half feet to the side. Not even two feet. It's 12 to 13 feet eight. That's what's good about it.
and so this might be a question for R. How what assurance do we or the town or you or zoning or have that this new structure will go in the same place and in fact be there and not that it won't get you know say when the guy comes in with the truck he doesn't just put it where it's not supposed to be not real
there you go and it doesn't have like are they going to flag the property when they do that just are they going to flag the property before Yeah, it's because farmers, they'll do the site work, so they'll be flagging and fabric.
Yeah. And the door on our garage now lines up perfectly with the garage. And the new one will do the same thing. So we we couldn't move it anywhere else in their driveway.
Yeah.
Can we can we be next to the lake now? Like
No, I think yes. My concern was like why they're here for the CDA,
right?
Wayne, how how do you feel about it?
I I defer to the board and I Yeah, I defer to us,
but I did spend a lot of time Wayne's office
board's decision. Anything else? I believe you run the meeting or Okay. So, what I'm going to do then is close the public hearing and open the regular meeting. So, I'll just go through this one more time. call to order. What I do need to do is see Joan Ross. so, can I have a motion from anybody on that? Make a motion.
Thank you, Dave Huitt. And a second, second by Fred. All those in favor? I. Okay. So, Joan is seated as our alternate. We have five members. so there we have any additions or changes to the agenda against anything else? Okay. any other public speak then I will go ahead and go ahead and read the application one more time so application 2512 CBA Heather Barry and Eric Barry seeking a variance applications applicants are seeking relief from section 4.147.05 and section 11.2 two of the end resulting regulations demolish an existing 12x20 non-performing garage and replace it with a new 14x 240 fabricated onecar garage with a lot 16 West Street
and over Connecticut. So, I guess the point I would entertain emotions,
I make a motion to approve this project.
Did you have makes a motion to approve this project? Anybody want to second that motion? Kathleen. Okay. Discussion.
I have one. This is one of the nice things about the A2 is that it shows the flood elevations and that it would come up here, but like do you know the elevation of that lot with regard to flight because you are in
the flight elevation would be the short.
So it's it's higher if you go around the back of our it's up like
right. Does this fall into the FEMA blood flood plane?
No, we're not. I I can I can tell you a couple years ago when the lake flooded about 10 ft of our property didn't come anywhere near our garage.
Yeah. Okay.
And we're not in the flood zone.
They get water at the big
So you're not in I know that's a thing along the coast. I don't know if they do it.
No. Are we in charge?
It was a significant flood. I don't I've never seen a lake that high. Never broken down.
But because someone does control the water that
Yeah. They they release the nan. Eric's actually a part of that too. he has.
But it because that's not an anchor structure with a foundation on that. Is is that a problem?
I don't think it's a problem.
Okay. That's my opinion as far as as far as that piece or not.
Okay.
All right.
If need be, I'm sure we can request some type of anchoring system with the structure.
Well, it's required that you have to. I didn't know if it was required.
I don't know. Site business.
Yeah. I mean, they couldn't do screws or something.
I don't think that's probably I know that's what I don't quite have barns sheds this size and they're all on skids on stone.
I see that every day. Yeah.
Other discussion.
I mean, I just looking at the map here, there's not for me. it's just the the lay of land that they have. They have no other place to put anything. the fact that it's not anchored to the ground, my opinion almost improving the property, but it's going to sit on a bed of snow. They're not going to excavate.
So there's no concerns there with the way the wetlands. I would think again my opinion is just because they can't do anything else. That's a hardship. They can't put a shed in here. They can't store a lawn equipment indoors. I know I keep buying riding mower indoor. I have a barn, too. Anyways, you have two car garage.
That's a lot more popular.
Mark will tell you how many times he's seen me stumble out the door with the stroller and the baby.
I do find it a bit of a hardship just with the fact that first of all, they can't put a shed anywhere else. They can't store anything at all outdoors. The building existing seems to be rotting as you say on the ground. Think there's actually an improvement with the stone building in my anywhere else. But anyways, those are my comments. I'm thinking we might even argue a little bit that they on the lines of improving things and nonconformities. I mean if they help a little bit of you know they may and anything rotting isn't very healthy. So, you know, there might actually be some small things there that are on the positive side, you know, balancing out the conformity a little bit there.
Yeah. submitted. everybody, I'll go to Dave. Yay. Your name? Good luck.
Yeah, be a nice
Thank you very much.
Good luck. Thanks.
Thank you so all right so much. the only meeting I have I don't think we have any meeting any minutes to approve
we're due in July and else
take care guys.
Thank you. Thank you for all your telling
you're going to get some.
So online on the town website it says Dave and not
so confused. I'm like something is wrong here like keep saying Huitt at the meeting but I'm because I look at the spelling like something is wrong. So that's where the emails are going.
Yeah, the emails are going they're going to instead of
I'm like something has not.
So can we just have those?
Yeah. Make a motion to amend it but for
Okay. So I will make the motion change the minutes to reflect from Dave Dave. Do I have a second?
I'll second that.
Second by gentlemen. All those in favor
you missed that one. So one, two, three. We can vote. It's carries the three of us.
I miss and because you're here now.
They got Dave in his name instead of Dave's name
on the town website. So I emailed I'm like thanks.
Okay. Anything else? I don't deserve it. I missed that.
I don't do the whips. I just got a second.
Okay. Do I have a motion? I already have a motion.
Do you have a motion to
We discussed all those in favor?
I All those opposed. All right. We will adopt those minutes as amended. let's see. Anybody want to make a motion to adjurnn?
I'll make a motion to adjurnn.
All right. Jeff general. Anybody want to second that? Dave Huitt always. Okay. Right. Thank you everybody.