Video summary
The Local Historic District Commission convened a hearing to evaluate two proposed Accessory Dwelling Unit (ADU) projects at 290 Lincoln Avenue and 321 Lincoln Avenue, submitted by the same applicant who intended to convert existing garages into residential units with varying designs. Significant opposition emerged from both commission members and the public regarding the scale, massing, and design compatibility of the structures, with critics describing the proposed buildings as excessively large and out of proportion to the primary historic homes. Specific concerns included the replacement of traditional Mansard roofs with gambrel-style alternatives, the use of vinyl siding instead of wood, and a placement that threatened neighborhood light, air, and privacy corridors by being too close to the street and adjacent properties.
Beyond aesthetic issues, the commission addressed critical questions about maintenance capabilities and legal constraints, noting that the primary building at 290 Lincoln Avenue was already in poor condition with peeling paint and missing struts, which raised doubts about the owner's ability to sustain such large new additions. While the architect argued for retaining garage space to accommodate student parking needs, members questioned the necessity of garages within ADUs and expressed concern over street parking pressure. It was clarified that although the commission cannot deny a protected use application, they retain the authority to regulate design standards, leading to an agreement that the attic space could not be classified as habitable under recent Zoning Board of Appeals rulings, prompting the owner to agree to eliminate the third floor and reduce the overall building footprint.
To resolve these conflicts, the commission unanimously decided to postpone a final decision and schedule a site visit for September 4th at 4:00 p.m. to better assess the structures in relation to the existing homes, with further discussion scheduled for September 8th at 3:05 p.m. During this interim period, members requested updated drawings that reflected a reduced building mass, eliminated ground-floor garages, removed the third floor, and incorporated architectural details such as non-vinyl windows that match the historic character of the district. The commission also noted that while the application for 321 Lincoln Avenue had better placement relative to neighbors, it still required similar redesigns to prevent future unauthorized expansion by the owner, ensuring both projects aligned with neighborhood standards before any final approval could be granted.
Read the full video transcript
Nice.
>> Uh, welcome to this hearing via Zoom of
the Local Historic District Commission.
The purpose of the LHDC is to aid
property owners and the town in
preserving and protecting the
distinctive characteristics and
architecture of buildings and places
significant in the history of Ammerst.
Members of the public who wish to access
the meeting may do so via Zoom or by
telephone. Uh, and we have a hyperlink
to the hearing on the town's online
calendar. We require one of three
certificates to ensure that new
construction and most alterations of
exterior architectural features in the
district meet requirements and we have
um two that are coming before us today
that we will hear um but we'll begin uh
by calling to order and taking roll call
vote. So Gita
>> here,
>> Ben
>> here,
>> Betty
>> here.
>> Uh Nicole
>> here.
>> Steve
>> here.
>> Uh and I'm here. Uh Bruce isn't here. Do
we expect Bruce to come today?
Okay. Um we can then move on to number
two, which is the approval of minutes.
And I did ask that Walker remove a
paragraph that slipped in there by
mistake somehow. I'm not sure how. Uh
from another meeting apparently. Um but
other than that, I approve it. Does
anybody want to make a motion to approve
those minutes?
>> Motion to approve.
>> Second.
>> Thank you. Uh, and we'll take a roll.
We'll just take a um
All in favor approving the minutes. I
>> I
>> I.
>> Anyone opposed?
Okay, Walker, you've got your minutes.
Um, with that, we're going to move to
the public hearings and we have two that
are coming before us. Uh, one for 290
Lincoln Avenue and one 321 Lincoln
Avenue. Uh, and Miss Powell, would you
like to begin by um introducing those to
us?
>> Yeah. Um these are both submitted by the
same homeowner and applicant um on two
different locations and they are very
similar in design. They both propose
essentially the same floor plan um and
design for the ADUs. They've just
changed some of the colors and materials
to better match the primary building. Um
and the location is different on the two
lots. Um, so 321 Lincoln is going to be
located behind the house in the place of
the existing garage. Um, which and that
one seemed to meet most of the standards
of the ADU according to the Zion
guidelines with the exception of it did
appear that they were suggesting using
synthetic sighting materials, which is
not recommended. Um the one at 290 is
located actually closer to the road than
the house and um the scale compared to
the main house might be a little bit
off. It's it's definitely more
noticeable. Um this is due to the shape
of the lot. There isn't really an
alternative, but there may be ways to
discuss uh some alterations to design to
make it more appropriate for the space.
Um, I'm going to go ahead and let in
the Rachel Stevens, the architect. If
anyone else wants to be let into the
meeting, raise your hand, please.
I'm letting in Melissa Ferris as well.
We have nine uh attendees, eight
attendees who have
so there are a number of people here who
I think would like to speak. We may yeah
we may end up with um we'll probably
we'll have to do public comment but for
the
>> okay
>> purpose of presenting the project
Rachel
>> I'm sorry I missed a few seconds as I
was um let into the meeting um from
participant to attendee am I able to
share slides
>> yes
Um,
all right. Does this
show up for everyone?
>> Yes, agreed.
Um so uh Miss Pal did a great job of
introducing the projects and um this is
a site that for 290 Lincoln um we've
been working on this site for a while
now and we prep presented to um the
commission before and there was some
um comment from the neighbor on the
south side that Um, the neighbor really
didn't want construction happening close
to their house. So, we went back to the
drawing board and looked at putting the
building instead of um in the rear of
the lot because it's, as Miss Paul
mentioned, a kind of funny shaped lot,
we we moved it to where there's
currently parking. Um, so uh let's see.
You all know the neighborhood. Um there
are quite a lot of Mansard roof um
buildings in the neighborhood and that's
something that the owner keyed onto and
wanted to continue with the ADUs.
Um so it's a fairly simple layout of
threecar garage with an ADU above it.
these are some of the elevations just
trying to match similar colors to the
existing building. Um some deep red trim
and some um sighting that matches the
existing stucco.
Um so this is the site that that I was
talking about. That's the um funny
shape. In order to put the building
behind the existing building, previously
we had looked at Can you see my pointer
in this view?
>> Yes.
>> Yeah. So, we had looked at at locating
the building over here um to keep it
back behind the existing building, but
the neighbor on this side would prefer
not to have construction adjacent to
their house. So, we um looked at
locating the building over here where
there's currently parking. There's still
um able to be saved trees on three sides
here, here, and here. Um and it is
slightly in front of the building, but
that keeps the building um allowing to
have two spaces of parking in front and
behind um for all the students that are
likely going to be living in these
units. Um, so, uh, in theory, I suppose
we could move the building back a little
bit. Um, it would mean that we would
lose one parking spot, but we can look
at that and see if that still works with
the, um, with the setbacks.
So,
um, this is the location of the lot, you
know, Lincoln Avenue, I'm fearing.
Um, these are some of the abutters.
Um, and this is looking at the views.
>> I'm sorry. Can I just interject for a
second? Bruce called him just uh phoned
me and he wants I just sent him my link.
He for some reason he didn't get a link
and he's trying to join.
>> I just sent him a link, so he should
>> Oh, okay. All right.
>> I'm I'm here as Steve Bloom at the
moment.
>> Hey, you look a lot better than you look
a lot better than me.
>> Well, we'll call you Steve one and Steve
two for this movie.
>> Okay. Now, sorry. I uh Okay. So, I don't
want to have to have them do it again.
So,
>> I've looked at this on, you know, from
the uh from the website.
>> Okay.
>> Thank you for joining.
>> Okay. Sorry.
>> All right. So, this this slide is
looking at the different views um that
we're trying to be respectful of the
neighbors in all directions. So um in
this direction looking towards 130
fearing um we're maintaining a corridor
of light and air that is lined up with
the existing house so there's space
between the existing
um 290 Lincoln and the new ADU um so
that the light and air to the windows of
the existing home are maintained um in
this direction towards 280 Lincoln.
That's the the location that we're
trying to stay as far away as possible.
And as you can see, the construction
would be blocked by the existing house.
Um, and then in 295 Lincoln, um, you can
see that it's very similar to the
relationship of the buildings across the
street. Um, so it's just small
buildings, lots of residential in this
neighborhood. And, um, we feel that it's
trying to stay consistent with that
language. Um, this is looking at
building material information. Uh, some
light fixtures that are fully shielded,
of course. Um, some of the vents that'll
be visible
and, um, the very quiet condensers that
are our lovely new mini split
technology. Um and
uh
recovery ventilator vents can be under
the eaves and these are some of the
colors that we're using to match the
existing
construction.
Um so
uh Miss Pal, do you want me to go back
to a particular slide or are we going to
discuss one project at a time or should
I present the other one as well?
>> Um what would you rather do Nancy? I
think we should do one one project at a
time. Um, and we should start with this
one and I think we can turn it over to
the uh members of the commission at this
point who will ask you questions and you
may want to bring up different slides as
they ask you questions. Um,
>> thank you.
>> I expect there to be a lot of questions
about this.
I'm not seeing any hands. I'd be happy
to start off. I I have some serious
problems with the design. Oh. Uh, Betty,
please begin.
>> Well, I I wanted to ask the question
about if someone could review for me the
size and scale of um ADUs.
What I was concerned about was it looked
like it was three stories tall and I
thought they were to be one um one and a
half at most. So, I was concerned about
that. My question is about that. Walker.
>> Um whether the size and scale only is is
only in the purview of the local
historic district as far as it meets the
guidelines which um only specifies that
the size and scale be smaller than the
primary building. It doesn't specify how
many stories an ADU should be. So that's
something that can only be discussed in
reference to the size of the primary
building.
>> Thank you,
>> Steve. Well, I mean um Miss, is Mr.
Shang on this call? Is he involved in
this or I've never had a seen a hearing
when the appellet is the architect and
not though Walker tells me that's not
unusual, but I've never experienced it
in the time. I you know, we've had
contractors do the um do the
presentations, but the owner has always
been there. So, I'm just wondering if
Mr. Shang is in attendance, number one.
>> Hello. one person who is here by
telephone, but I don't know who that
telephone belongs to.
>> Well, anyway, Miss Stevens, this may not
be appropriate, but Mr. Chang has a very
long and checkered past in our
neighborhood. In fact, in some ways,
he's one of the most important people um
in town because in indirectly he's
responsible for our um permitting, I
mean uh rental permitting and also for
our local historic district. But the
main thing I have is that the disrepair
of 290 Lincoln doesn't encourage, you
know, I don't know if it's pertinent to
this, but since you're since we have
you,
the the um the condition of 290 is
deplorable. I mean, there's struts
missing, there's paint peeling, um you
know, and it would be I guess it would
be okay if it was a hardship, but the
idea that Mr. Shang can't maintain his
building and yet he has the resources to
want to construct um two threetory ADUs
is a little um startling. Number one. Um
number two, just based on the picture
that even you've shown the ADU next to
uh is absurdly next to the building is
absurdly large. It's It almost looks to
be the same
size as the primary building, which is
not what ADUs I know technically you've
gotten the basement. Is that a B is that
is a garage exempt or is that is it
considered exempt because it's a
basement? And then the third story I the
elevation is very high because I'm
thinking that you know Mr. Shang wants
to cram some more students up there, but
based on the ZBA's recent ruling, um,
that cannot be habitable space. And I
know that you know what will and I know
that the building commissioner is
maintaining that it's a case-byase study
but I happen to know that the abuters
will la if if this does get a building
permit will launch an appeal with the
ZBA and then the ZBA based on their own
precedent will say that you know based
on the the case in new court that it
can't have habitable space in which case
it would be great if you could lower the
elevation on the third floor. Thanks,
>> Greet. I just had a specific question
about the sighting. It's l listed as lap
sighting, but I wonder if that's wood or
vinyl.
>> Vinyl.
We have not been allowing vinyl
sighting.
>> That's the color range for vinyl.
>> Okay. Thank you. Sorry, Steve. I didn't
want to change the topic. I think
>> No, no.
But that was just a specific question.
>> Sure.
>> Okay. Thank you. My concerns are related
to uh some of what Steve has said. Uh
for one thing, we have I think no
examples in this historic district other
than the one that this man himself built
of having a garage in the front of the
house and as the primary thing you see
when you look at the house. And to me,
that's not in keeping with a historic
neighborhood at all. Um, and it is part
of what makes this so out of scale. Uh,
I I understand that he is trying to
mimic some of the uh shapes of
buildings, but it just looks like an
ugly barn to me. And uh I I don't think
I could find it within myself to accept
this particular design. Uh I don't know
if other people feel that way.
Betty,
you're muted, Betty.
Sorry. I wanted to say something about
the roof. Um, it is not a mans roof. I
mean, you you've got an arts and crafts
house there, and the um the gamrel roof
that you're showing on that barn-like
structure is just not in keeping.
They're just not the same style. So, I
mean, if it were had the same sort of
shape as the uh and were lower um than
the original house, that that would be
much improvement, but as it is, I don't
think it's it looks right.
>> Uh this is Ben speaking. I have the I
the same concerns I think that Nancy has
which is the um the arrangement or the
the largest problem I see is that by
having a garage on the ground floor
which I think is fairly inconsistent
with the homes in the district it it had
it compounds the problem by moving all
the living space upstairs. it it just
seems vastly out of scale to me for this
for this particular line. Um
th those are my my primary concerns.
>> So I think we need to have a site visit
for this particular uh ADU because we
really need to see where it's going to
be situated on this piece of property
and especially in relation to the house.
Uh so I I think I would be inclined to
uh continue this conversation at another
meeting when we giving us a chance to
actually get out there with the
architect and look at um the actual
sighting of this building.
Are there other comments from the
commission members?
>> I agree with you, Nancy, that is that a
continuation would be appropriate to get
out and actually see to stand stand on
the lot and see how it's situated.
>> Bruce,
>> I agree with that, too. I didn't I
noticed that a site visit wasn't
proposed uh previously and so it was on
us to go and look individually
but um and and this is complicated a
little because this is an ADU with a
garage. Um
I'm not sure how that works. Uh, I mean,
I would imagine that an ADU as a
protected use
um is going to be allowed by
the uh zoning bylaw or at least by the
state law. Um, I don't know what happens
when you combine a garage with an ADU. I
don't know whether this because this is
all quite new, you know, this is this is
a protected use that's been established
by the state um in regulatory
initiatives that were
legislative initiatives, I should say,
that I I'm trying to think was this this
uh
this this m this February or the last.
Anyway, it's quite recent and and and a
lot of uh um
deliberations and decisions by the state
uh that create you know that have
created precedences or begun to create
precedents have followed from that. So
this is still a a work in progress as
far as the regulatory structure of the
town and the state is concerned. This
being the ADU issue. Um the the question
as to the second story and so forth and
whether that is an attic and whether
it's uh it just it it might not be. Um I
mean it's possible that that the 900
square ft or whatever is uh is is within
the second and and third floor stories.
But we don't know that because we don't
have floor plans that say that. and and
maybe we don't have them because it's
not within our purview to to uh
deliberate or to determine to sight on
that. So I'm just saying that it's not
there we and and we're not in a position
to understand. would be nice even though
it's not in our perview to understand
because what we do see is something
that's quite um
quite large
and I'm not sure that in principle from
a from our point of view as historic uh
um
as commissioners deliberating on on the
on the appropriateness of this building
from a historic standpoint whether too
big means it's inapprop appropriate or
not, but I think that having a site
visit would be very important to that.
And that seems to be, as far as I can
see, the the key point here. U I'm I
didn't quite understand Nancy's that
that the that the garage was facing the
street cuz it seemed to me to be facing
the other house.
Um but uh I suppose it's it's
depending on how you approach the house
that you see it fairly more prominently
I guess. So I'm I guess I mean I I would
like I think it's appropriate to delay
the determination to continue the
hearing and to uh and to and for all of
us to be
um able to see how this fits scale-wise
into the neighborhood.
Thank you, Bruce. Walker.
>> Um, just to clarify the zoning a little
bit, this is an a building that's
allowed by right, so it can't be denied
by the commission, but the commission is
allowed to set some standards on
appearance um related to the design
standards of the local historic
district. Um, garages are not included
in the area when you're calculating for
an ADU. So, the garage is
it's it's just doesn't include in this
in the square footage of the building. I
>> I didn't think garages were supposed to
be part of an ADU. I mean, it is an
accessory dwelling unit. It's not a
dwelling unit for your car.
>> It does not explicitly say that you
can't put a garage on an ADU. You can
build one over an existing garage and
attach one to a garage. Um, there's
nothing that says you can't add a new
garage. I guess
Nicole,
um I I know it's a dilemma like needing
to pass by a couple different
departments and things. I guess with
with the amount of deliberation, if
there's any way we can make sure that
the square footage that's being
presented to us is I assume by the
architect that is already within the
realms of what will be acceptable. Like
I just hate if if it's not passing the
size requirements and we're here
debating something that is larger than
what will be permitted. I don't want to
go down a very lengthy discussion in
meetings and things like that if if it's
not already within the realm of the size
that's permitted by other
>> building permit.
>> I discussed this with um Rachel and also
Rob Moira the building commissioner. Um
whether the square footage meets the
requirements of zoning bylaw isn't
actually in your purview. Your purview
is
>> That's not what I'm asking. I'm just
we're
>> invest a bunch of time on something that
they are not going to I'm not asking for
us to accept that or not.
>> So my discussion with Rachel was that if
it turns out that their square footage
does not meet the requirements, her
statement was that they did not plan to
change the exterior. They would just
change the floor plan. So, if you
approve this exterior as shown or as you
end up with a compromise, then they're
not going to be coming back to you even
if the floor plan changes was the
discussion that we had. And she might be
able to speak to that as well
rather than having to wait to find out
what the zoning bylaw is going to say
moving forward because it could take
some time for that to be resolved.
Are there other comments from commission
members before we turn to comments from
the public? I see that there is someone
from the public who has a comment.
Steve.
>> Um yeah, I just wanted to say that in
section one criteria for determinations,
the LHD does have jurisdiction over
general design, proportions, detailing,
mass, arrangement, texture, and and
materials. So we do we do have a say in
proportions and mass which seems to be
um a problem here.
>> Yeah, I think that's the main thing that
we're having that all of us are having
problems with that it's out of
proportion to the size of the house
itself
>> and also the setbacks. I'm sure um uh
I'm sure it's down to the inch in terms
of what if it's legal, but it's not
there's no other houses uh in the entire
neighborhood that have, you know, that
are that close to the street.
>> I agree.
>> And of course, need we bother to point
out that it wouldn't need to be so close
to the street if the owner hadn't
already divided his property so that he
could build a second house around the
corner on fairing. So, he's brought this
on himself.
All right. Can we uh bring in some of
the members from the public? I see Ken
Rosenthal has his hand up and so does
Hilda Greenbun.
>> Thank you. Thank you. I'm Ken Rosenthal.
I live on Sunset Avenue, which is itself
in a historic district. Um, I just want
to echo something that Steve Bloom just
said. It this is too close to the street
and it, as the architect said, it can be
pushed back and it ought to be pushed
back so that it is at least uh appearing
uh comparable to where the other houses
are on the street. This is just too
intrusive. The other question I have is
I haven't heard and I probably missed
it, but I haven't heard a statement of
what the square footage is on each
floor. And I just want to make a comment
about the garage, which is again to name
a space a garage doesn't necessarily
mean it's going to be used as a garage.
And I'd like to know how it's going to
be used. I fear that this is going to be
another house for student occupancy. And
we know in Ammerst, I'm sorry to say,
that student occupancy means always
excessive and over occupancy. Because
what happens is uh landlords, especially
absentee landlords like this one who has
a bad reputation, wink wink at the
number of students who live there
because students bring in their friends
to share the rent. So we have to look at
each of these things very carefully. It
may not be the total purview of the LHD
to do this, but I think we might as well
think about these things in advance
because they're going to go to other
boards. are going to be objections and I
think the architect ought to know that
these are the things that are going to
be raised not just by the public but by
the members of the various entities that
have responsibility here. Uh so if you
could just tell me about the square
footage and thank you for listening to
my question and comment.
>> Thank you. Ken
Rachel, do you have a square footage to
tell us about? Yes, we are currently
planning 900 square feet on the second
floor and um we're previously planning
to have 300 square ft on the on the
attic level in order to get two more
bedrooms into the unit um for more
student occupancy. But if that is uh no
longer allowed by the ZVA, we can uh do
three bedrooms on the second level
instead and and reconfigure the plan.
Um, the first floor is a concrete floor
and it's a a garage level with garage
doors, so it's not sealed to the outside
and can't be used for occupancy. Um, and
someone asked earlier about the setback.
Um, the front setback is a 15t minimum
and this is at 21 ft.
Nicole.
>> So,
I mean, is is it possible for the garage
portion to be eliminated? And you were
saying obviously you would lose some
parking, but could you go over that part
again? Like if we lowered it by a story
by eliminating the garage?
>> I don't know if the owner is willing to
eliminate the garage. I was saying that
we could potentially move the structure
further to the west in order to bring it
further from Lincoln A and um that would
that would lose one parking I believe
and I may be remembering the Northampton
zoning but um there are only allowed to
be two cars parked in front of the
structure and so if we moved the
structure back further away from Lincoln
we would lose one parking spot which
would mean there would more parking um
pressure in other locations.
We like to provide as much parking as
possible for students because um unlike
um families who often share cars, the
students often have one car per person.
And so it's nice to be able to provide
parking on the lot itself to avoid
putting pressure on other neighborhood
locations.
So your suggestion if it was to decrease
in scale would be eliminating the attic
and keeping the garage and keeping the
one floor
of three bedrooms total. Um, I think if
it needs to decrease in scale entirely,
I think we need to look at um a
different
uh design for the exterior because the
um the way that the Gambrell roof works
is it provides a lot of volume on the on
the attic level. Um, so we could look at
figuring out if something like um a
dormer would work in order to create
only two levels in this location, but
that would be something that I would
need to discuss with the owner because
I'm not sure um what his preference
would be there. I think in general um
it and I don't know I'm just responding
to my own experience as a student but
it's always helpful to have um places
like addicts for storage especially
because often you are not allowed to be
in certain places during summer
turnovers and places like that. So um I
think addict space is still valuable
even if it's not allowed to be um
finished space but that's my personal
opinion. I I think I would encourage you
to make this smaller scale in order to
be in keeping with the other houses. Uh
and I have a very strong preference for
that. Uh can we bring Hilda Greenbomb in
next?
>> Hello Hilda Greenbound, 298 Montigue
Road. And I would like to say that I
agree with all of you that that
garage barn, whatever you want to call
it, is totally intrusive on a historic
neighborhood. And I want to know
particularly because it hasn't come up
that this is a historic house. It may be
the only bungalow on the street, perhaps
the only bungalow in town. I'm not sure,
but it did belong to the Brown family.
And I remember going back to the 50s
when I was an undergraduate and coming
to Ammerst that
Robert Frost and Lauren Brown were very
good friends and they often frequented
the barn that was on the corner of
Frering Street which unfortunately this
homeowner decided that he was going to
tear down. If he had left the barn there
he would have had a very nice place and
a good excuse to put an ADU. But this
one is just totally intrusive. It
doesn't fit there. And uh I just hope
you send it back for better design.
Something at least looks a nuvo or arts
and crafts, whichever one you want to
call it. But it is not an arts and
crafts garage. I don't know what it is,
but it does not belong where it is. It
should not show. And I don't think you
should approve it. You can take all the
site visits you want, but it's not going
to change the design. And uh as I was
when you get to the other house, I won't
bother bothering you again, but I was
involved one time even as chair of
permits to change that from an owner
occupied house to a non-owner occupied
house. And one of the conditions was
that the third unit on the third floor,
which basically was not to be used as an
apartment anymore if if the the uh
special permit were were approved. And I
understand from the GIS
um property record card that there that
is a three the 321 Lincoln Avenue is a
threeunit house. And again maybe the
building is in the backyard but it is
not appropriate.
looks a little bit better at 321 and but
here I don't think you should have
approved that design at all without
major re re uh rethinking of the
architecture and gets me pretty angry to
see that a neighbor tears owner tears
down a historic barn to put up something
this ugly and I don't mind if you repeat
that in public.
Thank you, Walker.
>> I just wanted to remind you all that I
um need to leave in 5 minutes. So, if
there's anything else you need from me,
I'm going to go ahead and make you the
coast, Nancy.
>> Okay. Thank you.
>> And let me know.
>> Uh to to bring someone into the room,
what do I have to do?
>> You go to the attendees
>> Yeah.
>> um list and just select allow to talk.
Okay.
Uh, all right. Thank you. Then I think
we're ready for Melissa Harris.
And
yeah.
Hi, this is Melissa Ferris. I live at
285 across the street from 280 Lincoln.
And um, just wanted to note that if this
gets uh, you know, a pass, we will
object to with the ZBA. um to the scale
of the you know the attic floor being
used for occupancy. Um I think this
design is really terrible and does not
fit with the rest of the neighborhood at
all. Um no I'm sorry to the architect
who I'm sure has worked very hard but
also within certain restrictions. Um I
don't want to look at this garage. I
understand that you don't want to put
this too close to the other neighbor but
none of us want to look at this either.
This is way too close to the street.
It's way too large and the house, as
someone else has said, is incredibly
rundown. So, I shudder to think what
it's going to look like in a couple
years with absolutely no maintenance.
Um, I I just I you know, we we object
strenuously to the current design, to
the scale, to the placement, to the
number of beautiful old trees that are
going to have to come down to put this
thing up. And you know, again, we will
be appealing the ZBA if it gets approved
to go through with the attic floor. And
my husband is here and he would also
like to object.
>> Um, hey, uh, this is Graham Caldwell. I
also live at 285 Lincoln Avenue across
the street. And, um, yeah, I think this
is a really um, like a horrible prospect
that'll change our lives for the worse.
I think it's uh, something I don't want
to have to look at. Um, and to me it
sort of reads like the architectural
equivalent of uh three like children in
a trench coat who are trying to just
smuggle extra square footage into like a
stacked building to just like make as
much money as possible and you know
that's what it looks like aesthetically
and I understand that's what it'll
actually be like in reality. So you know
yeah whatever we can do to make it
smaller make it ideally not happen that
would be the best case scenario
>> but we understand that these things are
maybe by right and so you know whatever
can be done to shield this from view and
make it more in scale with the other
ADUs in the neighborhood because this
again the way that this architecture
firm has rendered it it is the same size
as the house it is you know less of a
setback than the house it it looks looks
ridiculously out of scale for a second
building on the lot. And just doing the
math of what their own floor plan says,
it, you know, the the floor plan would
be like 966
square ft. If you do the math for the
middle one,
>> yeah, if you do the math, it's 35 ft by
27.6 feet. So that's, you know, at least
that's that's what it looks like. I'm
I'm, you know, I can't really see these
things all that well, but it it seems
like it's already breaking the 900
square foot rule and then adding the
attic level to it breaks it even
further.
>> Okay. And just one last thing um just to
set the table a little more table
setting for what this this um the state
of this property is. We're looking out
our window right now and there's a
leather couch um in the yard that just
got rained on for two days and um
>> and a lovely beer pond table.
table. So, you know, that's what we're
dealing with here. Thanks.
>> We're done.
Thank you, Melissa and Graham. Uh,
Breida,
>> I would add garbage cans left out all
week right on the street.
>> Yeah. So, uh, being an irresponsible
landlord is not endearing him to our
hearts. Uh,
do we have a move to continue this uh
hearing?
>> Betty,
>> I wonder why um with everybody opposed
to it, why we need to continue the
hearing? Um, why couldn't we just vote
now?
>> Ah, okay. Uh,
>> what are we going to learn by being in
front of it that we don't already know?
I guess that's my question.
>> Uh, Bruce, I think you had something you
wanted to say.
Well, we have to be careful here.
If we we've very seldom exercised this
uh action of of denying a certificate of
appropriateness
and so we have to um basically state,
you know, our findings as to why. Um
and uh and in the case well I remember
at least when we
the the last time I can remember that we
denied a certificate of appropriateness
that was kind of related to a whole
building or proposal was with the Amis
media project and that was a long time
ago and we followed that by stating
three things that the we advised the
applicant to do that could uh allow them
to come back uh with the prospect of
receiving a more favorable decision from
the commission. I mean, I'm not
including uh the certificates of
non-appropri nonappropriate
inappropriateness that were issued
related to applicants who wanted to put
vinyl siding over wood and things like
that where it was a pretty
straightforward yes or no and why. This
is more complicated. Um, we are the
first cab off the rank, but we do have
this uh
um some people think draconian power to
say yes or no to something. It's just
not a conditional approval. Uh if we're
saying but we have to be it has to be
defensible, I think. And and I did
arrive late and and I've been looking at
the screen that we've had and it's very
unhelpful. the all of the images are of
existing buildings and we get a couple
of snakes in the corner of what the
actual building looks like. Uh that's a
better one to have in front of us for
discussion. Um uh uh I could look at the
detail of this and and uh it's it's it's
not thoroughly objectionable to my mind.
>> Hold on, hold on, hold on.
It's not thoroughly objectional to my
mind, but it is it does appear to be too
big. Thoroughly objectionable is is a
pretty uh when I say it is is it's not
too much that's thoroughly
objectionable. Usually you've got some
redeeming peaches. Um so we would have
to describe what it is about this
building that uh we find uh
inappropriate.
So if we think we can do that in the
next 20 minutes then we should uh do so
but if we want if we want to think about
it we should uh continue the meeting
that's all I'm uh so I'm not going to be
much help in generating a a
um a uh list or a statement as to how
the applicant could
um mitigate this um other than I'm
really perplexed a little bit about the
garage. I understand what Walker says
that you could put an ADU on top of a
garage. I know that because we've
discussed this. So whether you can put
it on top of a garage that doesn't exist
and make it, I suppose logically that
makes sense. But it it doesn't seem to
me that that's part of what the um
the by right intent was. It was to
create housing, not to create garages.
So maybe it's parking that's associated
with the garage. I don't know. But I
also think that it is a concern that the
garage could be turned into something.
Uh uh and it could be done in a
clanderstein way. Um so the garage is a
concern, the size is a concern and and
the proximity to the street is a
concern. Um but beyond that uh I don't
know enough from what I'm looking at u
about the detailing and so forth to uh
make uh make suggestions. I think that
the likelihood that that upper story
will be approved is is uh is rather
small. So maybe it would be a better
idea to come back with a design that
um shows how that would look because
this I don't think that a decision that
we make now is going to stand a changing
of the roof structure or the roof
massing would be considered a
dimminimous change. So I would think
that only a dimminimous change would
require the applicant not to come back
to this commission. So it's all rather
hairy in my view. This is this is a this
is this is not hanging together well.
>> So I would suggest that we do consider
an an a continuation
uh and let some of this stuff get
figured out.
>> Okay. Uh Walker, did you want to say
something before you
>> Yeah, real quick. uh you legally you
can't deny this ad. It is a protected
use. It will get built. All you can do
is offer suggestions and ask the
applicant to come back with alternative
designs for reasons uh specific reasons
like Bruce said to do with the design,
the scale, the massing, the setback. Um
but in this case, you're not allowed to
deny the application. I just want to
make sure everybody's clear on that one.
Um and then I have to go, but uh I will
see you next meeting. Well, I mean, uh,
Walker, before you go, we can't deny the
building. Uh, but we can we can deny the
design. Those are two different things,
right?
>> I Yeah, but I would be careful with
voting to deny the application.
>> Yeah. No, I'm not in favor of vote. I
think there should be a continuation.
>> Yes, you can discuss the design.
>> Yeah. Um, can I have my hand raised? I
mean, I I you know, there's so many
things that are not appropriate. It
doesn't match the primary U structure at
all in terms of the mansered roof. The
windows are really cheap. They don't the
framing of the windows. I mean there's
just no there's been except for I guess
the color there's been no attempt to
match the primary building. Um the other
thing is what is the square footage of
the primary building? because the 9 it's
either like h 900 is the maximum but if
it's it's like half of what the square
footage is I there's some sort of
formula and I'm not clear about that but
anyway I agree totally agree with Bruce
we can't deny it it's we'll be going
beyond our purview but we can certainly
um recommend a number of things in terms
of the massing the design and the
setback and the wind you know it's
I'm shocked at how how there's been no
cosmetic attempt to match the primary
building.
>> Thank you, Steve. Uh Nicole,
>> I I think those I mean several elements
that Steve said and then what Bruce was
saying at the end is what we're asking.
like I don't think we need to go visit
the house right now until we have
um a design
that is kind of
answering more of those elements that
will be more acceptable. Um I I don't
think we need to discuss it any further
without I mean we've kind of all just be
we have been repeating
ourselves in request basically
requesting a new design.
I I don't want to do a house visit
without a new design I guess is what I'm
saying.
>> Okay. Uh I'm going to allow Ken to come
Rosenthal to come back in the room.
>> Yeah. Thank you. Just a quick comment.
You can deny it. You you can't deny what
you can't you cannot fail to recognize
the applicable law in this town. And the
law says that unless the owner is going
to be resident there, the ADU can be no
longer than 900 square ft. And if Mr.
Chang, we know Mr. Chang doesn't live
here. We know he owns houses here that
he doesn't live in and and never has and
never will. And the architect needs to
recognize that that's so. And the
architect must take the existing laws
into account when she does her design
work. That's true for all architects.
They can't pretend that laws don't
exist. So in that case, I think that the
uh LH that that this committee has the
right to recognize what the laws are in
this town and recognize that this is a a
a design that uh exceeds the law is in
violation of the law and cannot be
built. and therefore you can turn it
down then let them appeal if they want
to. Thank you.
>> Thank you. Uh Jennifer Ta, I'm bringing
you into the room.
>> Hello. Can you hear me? Oh
>> yes,
>> you can hear me. Yes.
>> Okay. I'm uh Jennifer Ta. I live at 259
Lincoln Avenue and I'm speaking as a
resident but um and I guess I'm also
speaking as a former chair of the local
historic district commission and I
served with Bruce and I just um when the
uh one applicant came before several
years ago the commission for a
certificate of appropriateness
uh we did feel that the design was so
far off of what was appropriate. Now,
I'm not saying that the commission has
to do this now that we did deny the
certificate and they came back with a
very different design. So, where the
local historic district commission can't
deny, you know, um the plans, it's
within your purview, what you're doing
is issuing being asked to issue a
certificate of appropriateness. And
until it's appropriate, you don't issue
the certificate as you know. and then
the uh property owner can't proceed
until they they have that certificate.
Um, and the other thing, I'm not
remembering the wording precisely, but
in terms of parking, so it was
interesting when um the applicant's
representative mentioned you can't have
more than two cars parked in front
because the primary structure here
usually has six cars. um because I walk
by it, you know, several times a day, uh
parked in the driveway. And with the
state protected use ADU legislation,
the town cannot require parking if the
structure is within a certain number of
miles of public transportation, which
this is, and I'd have to go back and
look at the bylaw, but the council
actually put a maximum number of parking
spaces allowed for protected use ADUs
that are within a certain um radius of
public transport. transportation
precisely because they didn't want
parking lots going up. So, if you have,
you know, you could have eight or nine
students living here and if only two
cars are parked in the garage, that
still leaves too many cars
um parked in the driveway or wherever
they're going to be parked around the
structure. So, the uh commission may
want to ask the planning department for
uh to clarify that. So, okay, that's it.
Thank you very much. Thank you,
Jennifer. Uh Nicole and Steve, you both
still have your hands up. Did you want
to speak?
>> Oh, I'm sorry.
>> That's okay.
Well, I think uh that our architect has
heard a lot of comments from us and um
there are a lot of things we would like,
Rachel, including a a real redesign, a
much smaller masked building, uh no
garage on the bottom floor, no third
floor. uh
whether
>> than that
>> whether the commission feels a need to
uh have a site visit before getting a
new design or whether you want to just
continue this to have more discussion
about the design. Uh Gita, you have a
comment.
>> I just want also said push back from the
road.
>> And push back from the road. Thank you.
Uh Bruce,
>> uh I want to see if you can hear me.
>> Yes,
>> you can.
>> Yes.
>> Okay, good. cuz I suddenly got thrown
out. I mean, I got and I'm not sure why.
I don't think And I've got now I got a
thing that says microphone and speaker
is not working, but apparently that's
not true.
>> Yeah.
>> Um, so I guess I've been working it. I
think we should have a site visit
because that will allow some discussion.
um we'll probably have to be careful
because we're not supposed to discuss
things other than data collection and so
forth, but
um I think we need some deliberation on
this
and uh doing so at the site would
probably be uh
make it possible for us to um
um
be more useful to the applicant.
>> Nicole,
>> um that that's correct. There like at
the site we can't discuss anything. We
are only being presented with
information. Um, so
I I still think um obviously we'll need
to have a site visit, but I think the
placement of the site visit, the
architect and the home owner can kind of
be deciding how big the structure is and
possible placements and then show all of
that to us versus if we just go and see
this one thing, I don't think it'll be
as useful as if there are other
placements and options that the seller
has agreed to and that the architect
knows will work um so that it can be
like as fruitful as possible. I guess
>> Steve.
>> Yeah, I'm sorry. One last thing. When
Miss Stevens does come back, it would be
great if Mr. Shane could show up as
well, uh so he could hear our concerns
directly. Uh, I feel, you know, that
using Miss Stevens as a shield is not
appropriate in this case.
Like I said, I've never been, you know,
had one of these where the owner hasn't
been present.
>> Yeah, I can't think of any time either.
Uh, Bruce,
>> oh, it's entirely normal. Uh, and uh,
I mean, I've been through various
hearings.
Barry Roberts, for example, said very
little or nothing. I think um when we
when he was here for the uh site uh
sorry for the uh beering sunset corner,
that was all John Salvin. And uh I think
we may have asked Steve one question
about whether he was going to move a
house and he probably I think he
answered yes. It was possibly reassuring
to have uh
Barry in the attendees, but uh but the
this the functional spokesperson and all
of the information was being contribute
was being delivered by by the architect
in that case as in this case and in many
many other cases often it's someone like
Tom Rei in fact as an attorney rather
than a designer
and uh So
I'm not not sure Steve what good that
having the owner serves the owner's got
to the owner's hire
>> it it um well a number of things first
of all um even if the owners haven't
talked in my recollection they've always
been present
um number one number two it's just more
direct to have without this buffer for
him to hear our concerns
directly.
Uh I mean just in terms of expedience,
this is you know um you know he should
hear it from us directly. I mean like we
can't require it. I'm just recommending
it for him to attend.
>> He can he can listen to the recording of
the meeting. He can get everything he
needs from that.
>> Well, I mean Bruce, I agree with you in
terms of continuence, but this one I beg
to disagree. I think he should show up.
>> I don't object to him being here. I'm
just I'm just commenting on our
expectation and is it reasonable or not?
It's certainly understandable.
>> Yeah.
>> Um
>> I think it would help his case, let's
put it this way, if he showed up.
>> Um while I was um not here, uh did we
decide to How are we dealing with the
second applicant application? Second, uh
>> not yet.
>> We haven't got there.
>> We're we're still on this house.
>> Are we doing it today? Uh if there's
time we will move to that one.
>> Okay. Hi
>> uh Hilda I believe you wanted to speak
again.
>> Yes. So this is another thing I want to
say that the same property manager that
is or has been property manager for Mr.
Shang is the same one that is building
the other ADUs that we find
objectionable on other downtown streets.
And maybe he needs to have an earful,
too.
That that um Yeah, I said what I said to
to to uh agree with Steve, but I think
you need to have the property manager
there, too, and let him he understand
that you're not happy with the way he's
maintaining the building.
And and I guess the reason he got that
manager is because we complained about
how he was maintaining 321 and other
buildings that he owned when he came
asking for more special permits. So
thank you.
>> Uh so are we ready to uh
move on? Do we have a motion to continue
this discussion to another meeting?
I I move to continue this to have a
continuation of this prop of
consideration of this property.
>> Uh and do I have a second?
>> No, because we need to have a date
certain, I think. Is that correct?
>> I believe there's a limit to the number
of days it can and I don't know that
what that
>> uh on the planning board, we've never
had a con motion to continue without
having the date and time of the meeting
to which it's to be continued.
H it's hard for us to do without Walker
here. Um
>> yes. Um
>> well let's come up with our next
meeting. Um and then move it to that. Is
there a is there a deadline that we have
to observe by
>> um
I yeah I don't know uh do
>> I mean our meetings are every 30 days
and
>> I think we should
>> 30 days
>> to be safe I think we should do it in
two weeks
That's that's a lot to ask for a
redesign and a movement and
>> what makes us think they're going to do
a redesign.
We haven't given them anything much to
redesign.
>> We got push back I guess but uh
>> no we said that we wanted the since I
mean in terms of the attic we've found
out even though it's not our thing in
terms of its use he's planning it to be
habitate to be inhabited that goes
against the ZBA's ruling. We've been
informed by the abutters that they
intend to appeal it. They appeal it,
it's going to go to the ZBA. The ZBA is
going to, you know, uh, you know,
observe their own precedent and say
that's not if habitable space is not an
attic. So, one thing they should do is
to lower the elevation of the third
floor. It shouldn't have a manered roof
because the manered roof doesn't match
the primary building.
>> I'm sorry.
Yeah, I look I and then uh we're we we
we we're on the fence about this garage
whether it's permitted or not. I
personally don't now that I see the you
know I'm not an architect like Bruce,
but those look like really cheap windows
that don't make any attempt to match the
wood um you know uh siding of the window
frames. you know, uh, so we have a
number of things that we've recommended
plus the setback. We want to see it, you
know, how far they can set it back even
if it means losing a um a parking space.
So, I think that can be done in the next
couple of weeks.
I mean, the thing is if we don't do it
by 30 days or something, they can get it
by, you know, we we're basically because
Walker's not here, we're fumbling in the
dark here. So I think to be safe we
should have another meeting in two if
Bruce thinks we need if it's we need
date certain then we should have another
meeting in within two weeks.
>> I I think that's the requirement of a
continuation. That's why I'm concerned
that we would be making a motion that
was kind of
>> baseless. But maybe we should just try a
continuation until the next meeting. Uh,
>> no.
>> But but that just it just feels awkward
to me. I I
>> I would prefer to like I know there's a
30-day I mean I'm sure Miss Stevens is
aware of what it is.
>> Certain.
>> I'm sorry,
>> Jennifer. Have to do it to a date
certain.
>> Yeah. The question is how many days do
we have for that?
Let's do it for a date certain for two
weeks and then if we find out that we
have longer we can always inform
everyone. How about that?
>> Uh that's okay. I can't be here though
on the 7th uh which is Labor Day.
Probably many of you can't be here. Uh
so we could do it till the 8th which is
a Tuesday.
>> Yes. If Steve, if you amend your motion
to Tuesday at 3:10
or 3:05, then uh um
>> Okay, I can do that on the Wednesday. I
make a motion for this to be continued
on a date certain date of Tuesday,
September 8th at 3 p.m.
>> Okay, thank you. Do I have a second?
>> I'll second that.
>> Thank you. Um,
I might, if I may chime in here for just
a second. Um,
I know that Rachel wanted to had her
hand up earlier and she's going to
respond to something. Um, I think it
would be nice to hear some feedback from
Rachel about what we've been talking
about.
>> Uh, that sounds appropriate. Rachel,
>> I just wanted to reassure people who
were asking about the square footage
that um this is indeed a 900 square foot
um living area as per the rules and the
way that it's measured in terms of the
interior of the walls and um the stairs
coming up from the garage are part of
the garage, not part of the living area.
So, um, so that's it would be 900 square
f feet and, um, we understand the ZBA is
changing the design and requirements of
not allowing the attic usage and that's
totally fine and and um, something that
can work with this exterior design, but
I also hear you loud and clear that
you're looking for it to be a smaller
massing and so I will work with the
owner to put together some new images
for the site visit. I think it's also
important to consider um one of the
reasons that I think it's great to a
great idea to have a site visit is that
there are um a number of different uh
requests coming from different
directions. So I would love to hear from
the commission um which direction you
think is the most appropriate and we've
we've talked about other designs on the
other side of the property that we can
bring as well. Um the other question was
about the square footage of the existing
house and it's 2132 ft. Um so this is in
compliance with that as well.
>> Thank you
>> Bruce. Did you have something to say?
>> Uh yes I come to what Rachel says that
that she's heard a lot but she doesn't
know that it's the consensus of the the
commission or not. she can probably get
a pretty good idea. But um I would take
issue with one thing that has been said
um which is the the um
the the extent to which this proposed
ADU reflects the design style and uh and
and so forth of the of the of the
building to which it's supposedly
accessory.
Um
uh it's clearly a indep it's clearly
independent or it's large enough to be
independent and and I I would be looking
at this as how it fits into the street
more than how does it relate to the
building next door although that's not
irrelevant but I think uh it's it should
not be a a requirement of of the of of
appropriateness that it is a an echo of
the uh of of the adjacent building. I
don't think that's a bad idea, but I
don't think it I don't think success of
a new presence on the street is
inevitably requiring of that uh design
echo.
Steve,
>> yes. I I mean, I understand what Bruce
is saying, but in the two other ADUs
that have been constructed, the one on
Mlullen and the one uh literally across
the street, the precedent in our
neighborhood has been to match the
primary structure. So, personally, I
would recommend that that's what they
do.
>> Okay.
Uh, can we move to I'm sorry, Hilda, did
you
>> Yes, I am looking at the property record
card right now for 290 Lincoln Avenue
and the square footage of that building.
The first floor is 1172
and the upper story, small print here.
I'm trying to read it on my phone. I
think it says 960
and and uh
I guess she she could call that 2132. I
guess she could
uh so I just was confirming that. At
first I thought it was smaller than
that, but I the 2132 is what is on the
property record card, which is not the
case for the one that's being appealed
on uh New Avenue. Anyway, I'm sorry cuz
I'm wrong. Thank you.
>> Um, it's me again. I'm I'm so sorry to
keep raising my hand. Well, since Miss
Stevens recommends us to um to have a
site visit, let's Can we substitute Can
I substitute the motion to say we would
like to have a site visit on Tuesday,
September 8th at 3 p.m. instead?
>> I think so.
>> Well, no.
>> No, we can't do that. Uh, no. Because
we've we've declared that we're going to
have a meeting to which this discussion
will be continued.
>> I don't think we can.
>> Should we have a site visit before the
meeting, Bruce?
>> I think we I think we must.
>> Don't change the meeting.
>> Okay. Don't change the meeting. All
right. We won't change the meeting.
Okay. We Now we need to come up with a
date for a site meeting, a site review.
>> Okay. Uh,
so, uh, is next Monday okay for anyone?
For everyone?
>> I can't do next Monday.
>> How about next Tuesday the 1st? Whoops.
Yeah, Tuesday the 1st.
>> I'm going to be in New York at the US
Open.
>> Oh, what fun. Okay,
>> I'm not giving that up for that. Yeah.
No,
>> as well. You shouldn't. Uh,
>> I could do Wednesday the 9th. No, I
>> That's after our meeting though.
>> Oh, no. I mean Wednesday the 3.
>> The second.
>> Second.
>> The second. Or I could do Thursday the
3.
>> I can't do any of those days.
>> Okay.
>> Thursday the third would work for me.
Uh, what about Friday? Is Friday good
for everybody?
>> Friday the 4th.
>> Yeah.
>> Works for me.
>> But I I I hate to harp on this, but I
>> I want more information or something.
Like I feel like if we just go and look
exactly where this is
with this design,
we've
discussed this at Nauseium. Like if
we're doing a site visit with no new
information, I don't
>> and we can't I just want to make sure
the architect understands. We can't
discuss. We can't give opinions. Like
she's presenting us with information.
We're not
able to discuss anything because it's
not recorded.
>> Is there any reason why we can't
continue this more than once?
>> Can Can we continue it after the next
meeting so that we can have a site visit
after the next meeting?
>> Exactly. like if if in good
>> idea
>> September 8th, okay, architect presents
us with new designs. So, we get an idea
of a smaller scale matching some of the
architecture and everything else. And
then we go see those newer designs. I
would feel like we're looking at
something that we're more apt to being
agreeing with. Right. Right. Right now,
we're
looking at something we don't agree
with.
>> Yeah.
ask Miss Stevens what would be most
useful to her.
>> So, Miss Stevens, how do you feel about
that?
>> Um, the reason that I think it would be
useful to have a site visit before the
discussion again is that it might help
inform the discussion in terms of the
location and the options that have been
presented already. So, I think there are
already
um drawings in your files of of one of
the options that was presented on the
southwest side of the site. Um and it
sounds like I can present other images
while we're at the site and that's
something that I can show updated
drawings um even if we can't discuss it
then. But I think it would be useful to
have the context of the site information
before we have another discussion on the
project.
All right, let let's try to set up a
site visit on that Friday. Um,
and uh do you want to do it in the
morning or the afternoon?
>> I think I'd need to do it after lunch.
>> After lunch? How about one o'clock? Does
that work for people?
>> For me?
>> Okay.
>> Well, I um I'll be at work, so at the
end of the day is better. Uh, what time
is good for you, Betty?
>> I could do 3:30 or 4.
>> Okay. 3:30 good for people.
>> Yes.
>> Is Is four better for you, Betty? Do you
want to make it four?
>> It would be better if it's if everyone
else can still do that.
>> Let's make Let's make it four.
>> Okay.
Um
All right. So, we're scheduling a site
visit for September 4th at 4 p.m. And
then that will be followed by a
continuation of this meeting the
following week on
um
September 8th, which is a Tuesday, at 3
p.m.
>> Good.
>> Everybody agreed? Anyone?
>> Yeah, I'm not going to be able to get
there until maybe 3:15 or something, but
>> Okay. Uh, are there any objections to
those dates?
Good. Okay. Would you like to move on to
the next house
or would you like to uh go to public
comment staff report topics not
anticipated at this point?
>> Do we need to vote on that motion?
>> The motion to continue. I think we
should vote on it. Uh, yeah. I was going
to just do a no objections, but let's
let's actually have a
uh a named vote. So, Steve,
>> yes.
>> Uh Betty,
>> yes.
>> Nicole,
>> yes.
>> Gita,
>> yes.
>> Bruce,
>> uh and Ben,
>> yes.
>> And I say yes also. All right. So, uh we
have agreed to continue this motion. Um
uh what's the feeling of the committee?
Do you want to start talking about the
second property? The property
>> I think we have to. I think we I mean I
think we have to.
>> Okay. This is 321 Lincoln Avenue. Uh
Rachel, do you want to talk to us about
this property?
>> All right. So, here's 321 Lincoln.
Um
similar neighborhood structure and
photos.
Um, we're looking at a, as um, Miss
Paula mentioned, um, extremely similar
design, just rotated and, um, flipped
for the site access.
Um, this is how the garage would be set
up on the main li main floor. Um, and
it's tucked behind the existing house.
Um, so that in order to see it, you kind
of have to come up onto the driveway a
little bit. Um the existing
garage
um
as you can see in this dashed line here
is actually aligned with the driveway.
Um so this also tucks the garage behind
the house as well so that you don't see
the garage as much from the road. Um as
well as the ADU. Um this is the
location. Um just a few houses down
Lincoln.
Um these are some of the abutters
and um here's some images of the
existing garage that's getting removed
and the new structure going behind it.
Um
so the this is looking at the impact on
the abuters. So, um, in terms of the Abu
directly south, um, rather than having
their garage right next to their
backyard, um, the new building will be
moved further away from their backyard.
And um for the neighbor directly to the
north um the new building is still
maintained um further back away from the
neighbor's house and also further south
of the neighbor's house. So it's trying
to respect the privacy and space of the
neighbors as well.
Um this is looking at um the demolition
of the existing garage. Um, this is the
view from the street and then moving
into the driveway a little bit more to
see it more clearly and the view from
the backyard. Um, and
um, this is a screen porch on the back
of the structure that would also be
removed to um, maintain a good
separation between the existing house
and the new ADU.
Um,
so the um these are the same building
materials that would be used for this
house but with different colors to match
the new paint job on the um 321 Lincoln.
And um let's see. I'm not sure which
would be the most
useful image to leave up. Maybe this
one.
>> Yeah, that one.
Steve,
>> was it me again? I'm I'm sorry. What
What can you Can you Is there a view of
this on fairing? What would we be able
to This is less problematic than the
other one, but I'm just curious what
what you can see from Fairing Street, if
you can actually see this ADU, how much
of it you can see.
>> There's there's some trees here along
the driveway, so you really can't see
behind the house at all unless you're
actually aligned with the driveway.
And now that you know that the ZBA is,
you know, ruled and like I said, you can
go, you know, I know the building
commissioner is saying it's a
case-bycase basis, but we operate on a
system of precedent. So if the butter
appeals, it will go to ZBA and ZBA will
rule will rule again what they how they
define it. So, is any way that you could
reduce the um the third floor clearance
and pitch?
>> I would have to speak with the owner
about that, but I I believe that he's um
happy to build it with this um exterior
and only have 900 ft on the second
floor.
>> But you all but you mentioned before
that your initial plans were the third
floor, you were going to put 300 square
ft of living space with two bedrooms and
a bathroom. Now that you know that that
is not going to be allowed, could you
adjust the design of the third floor?
>> Absolutely. Yeah.
>> Yeah. Okay. Great.
>> If it's not allowed, it's it's totally
doable to not have the 300 ft on the on
the
>> Okay, great. Thank you. This one's less
problematic for me, obviously.
>> Yeah, I agree. It's It's far less
problematic because you it's not hitting
you right on the street the way the
other one did. Um, but I agree also that
um scaling it down since you're not
going to be permitted to have that third
floor makes sense so that it just
doesn't look quite as um massive behind
the house. Other comments?
>> I move that we have a continuation for
this property as well and we have a site
visit as well for this.
>> Uh Chris,
>> I was going to make a similar
suggestion. I was going to suggest that
we wrap these two together because
although we could um
uh conditionally approve the uh um
an appropriate
appropriateness here, probably by
saying that the attic uh space uh the
the habitable attic space be eliminated
or some phrase like that. Uh, I think
it's a significant enough change that
would be nice to see what that looks
like and then to be uh um
to to have our our ducks in a row and so
forth making a decision about something
we know what we're talking about. So I
would uh second that motion that I think
Steve did and I guess that motion Steve
has got the uh to um
September 8th at this will be 3:05
because you can't adjourn you can't
continue the this to the same exact
time.
>> Okay. So you just put put it a little
put a little later
>> and uh and do so because I think that
you know this is all part of the same
kind of a package. So I think we
shouldn't we we should since we've
since we've created the pathway for the
first one I think we should have this
one take the same pathway and that gives
Rachel a chance to do the same
adjustments and so forth that we
>> Rachel has her hand up. Yeah, I think I
think appropriate. I mean, I do I I I
think that
>> I think that if the ZBA, as we pretty
much know they will, will not allow uh a
second story. And I guess this all
depends on whether the ZBA's decision
and Sent takes it to land court and
whether there's a whole whether he
succeeds or fails uh and whether we
change the bylaw in the interim or not
is all rather dramatic. It would be much
nicer if we just hope that the applicant
would accept the what I think will be
the inevitable fate here, which is that
uh these uh uh ads will be uh
constructed as was the intent because
one of the things that we read in the uh
in the uh in the in the judgment or the
decision or the deliberations of the
zoning board was one of the zoning board
members had spoken to the state agency
that was promulgating the laws. And
although that woman, that person said
they weren't a lawyer and they weren't
prepared to
speak about what the legal precedent
should be or how it should be
interpreted, she did speak to what I
thought was the all important thing
which was the intention of the
regulatory uh the legis the draft
legislation and the intent was that
attic spaces were not to be considered
habitable spaces. in addition to what
was already established as 900 ft. So,
we know that the state law didn't intend
that this attic space uh conundrum that
we've has has has erupted in our town.
We know that that wasn't an intention of
the state legislative process. And it
seems that the ZBA have also found a
legitimate legal argument as to why it
the the building and uh commissioner's
decision was unfounded. So I think we
can see the road that this is going that
that attic habitable attic spaces in
addition to the 900 square f feet will
uh will will die a natural death. And so
if Rachel's prepared to accept that and
and her her client is prepared to accept
that then I would like to see the uh
product of that redesign uh at the
continued hearing.
Rachel, I think you wanted to say
something.
>> This exterior design can meet that
requirement.
So, it just means that all the habitable
space happens on the second floor and
the the attic is just not habitable. So,
I don't think I
my understanding is the owner does not
want to change the exterior design if
possible on this structure. And I think
it is um I hear you that at the other
location with the garage underneath um
the ADU. It it does approach the height
of the existing building even though we
set it down the hill. Um but here it's
definitely behind the existing building
and smaller than the existing building.
And I think um he would appreciate
leaving the exterior
as designed if that's able to be
approved by the commission.
>> Well, you know, this is the problem with
not having him here. Um that's exactly
what I'm saying. I would ask you, you're
in a tight spot. It's not really fair to
you to speak for him when he's not here.
I would ask him if he would be, you
know, be more open-minded about that.
And the other thing, Miss Stevens, if
you want tell Mr. Shang if he wants to
help his case, I mean, we we're this
will get approved in some way uh because
it's by right by ADU, but tell him to
maintain his buildings. I mean, it's
really disgraceful
um that we have no protection and then
that he can come back here and be
protected by the law, but we have no no
recourse that he literally won't
maintain his buildings even though he
doesn't have the even though he clearly
has the resources to do it.
>> Uh Nicole,
>> um Rachel, could you please go back to
the demolition of the garage uh slide?
This is actually I I I have a problem
way before
Um, we we've denied other places from
demolishing a garage and we asked them
to
um make the current garage into an ADU
which that architect and maybe it was
their contractor said would be so
expensive it we're not able to entertain
that. So I I want us to be consistent
with um applications that come forward.
Um so what so I present it to the rest
of the committee as to why we're
allowing this to be demol um demolished
when most others we haven't. I don't
know if we have for any.
>> So Nicole, I think you're referring to
the one that was on Fairing Street, but
that was an historical garage.
>> Yeah. I just want it fell into a
different category really
>> why we're allowing this one to be
demolished versus not other ones.
>> For me, it would have to do with the
historical nature of that garage. Gita,
you've had your hand up for a while.
>> Um, well, I just had a couple of
questions for Rachel is just I wonder
when you do the
um new uh drawings for us if you could
um the sighting um in our historical
district. We like it not to be vinyl and
the windows more fitting with the rest
of the house. And I can't see the
details in this. So, I don't really
know, but those are two things just to
keep in mind or I would like you to.
>> Yes, those are two things we will we
will be asking you about for both of the
houses when you return. Um, so it's
important for you to do that. I think
it's also important for you to uh
discuss with the owner uh reducing the
mass of this house as well. Uh not so
much because of the way it overwhelms
the other house but because we don't we
have learned not to trust this man and
if he has the extra space he's going to
use it and we don't want him to. So, uh,
if you were to come back with a plan
that didn't make that so clearly
possible, uh, then I think we would be
more likely to support whatever you
bring to us.
Uh, Ken Rosenthal,
>> um, I don't know whether you can hear
me. If you can still.
>> Yes. I I was going to say, M. Ratner, I
was going to say exactly what you just
said, so I don't want to repeat myself,
but I think the I want to just make sure
the architect understands that she's
dealing with a client whose reputation
makes us very skeptical of of plans that
seem that they can be exploited in some
way, and these are certainly those
plans, and that's why we're concerned.
Thank you.
Uh, can we move to a vote on continuing
this motion to the meeting on September
8th? Um,
>> also to have a site visit. It's a double
motion, I think.
>> And and also to have a site visit on uh
the week before that on September 4th
>> at four o'clock. Yeah.
>> Okay. Uh, easy walk between the sites.
Yeah.
Uh,
Ben,
>> I Yes.
>> Freda,
>> yes.
>> Steve,
>> yes.
>> Uh, Nicole,
>> yes.
>> Betty,
>> yes.
>> Uh, Bruce,
>> yes.
>> And I agree also. Okay. So, we are
continuing this motion. Thank you,
Rachel, for your patience with us. Um,
and we look forward to seeing you twice
in the coming two weeks uh at the site
visit.
>> Thank you for your time.
>> Thank you.
>> Is there additional public comment that
we need to take? I don't think there
should be. The next thing I would like
to move to um is a vote on the final
version of our proposal for the local
historic district in East Ammerst. uh
that's going to go to the town council
and Walker has mentioned that we should
take a formal vote on that proposal
before it goes there. So, do I have a
motion to vote on that?
>> I move that I move that we accept the
final report of that. Have people seen
it?
>> I don't think I saw a report. I saw a
list.
>> It's just like a two-page letter. Did
you see the letter that you wrote?
>> I don't remember seeing the letter.
>> I think it was in the planning board uh
package
>> or the the our package, but um if you
want to wait until the next meeting to
approve it.
>> Yeah, let's wait until everyone's seen
it.
>> Okay. Um
>> but uh you guys, we did it. I mean, it
was it was
>> Congratulations. Sorry, buddy.
>> It was not easy. I got to tell you guys,
you thought I was like the boy who cried
wolf, but they were against it.
>> Uh there was a staff report that she's
got on the agenda. Is that the report
for the East Ammerst?
>> I believe so. I bet. I bet.
>> I think without Walker here, we really
don't can't discuss that staff report.
Um topics not anticipated by the chair
48 hours in advance. I don't know of any
topics. Does anybody else? Um, do I have
a motion to adjurnn?
>> I so move.
>> Thank you. Do I have a second?
>> Second.
>> Second. Yep.
>> All in favor of adjournment say I.
>> I.
>> Anyone opposed?
All right. Thank you everybody for your
patience through this conversation,
especially for you, Rachel. Um,
appreciate it.
>> And Rachel, I looked back at some of the
houses you've done in Northampton and
they're very nice.
So use that same skill to redo this one
too.
>> Thank you.
>> Thank you,
>> Ken. Thank you for your input, too.
Okay,
meeting.
>> Thank you all for letting me
>> meeting is officially adjourned.
X.