So we have um Jonathan and Jackie's here.

Here I am Pedro.

And we're missing Brandy and Jeremy.

So

we do have the quorum.

Next item on the agenda is the minutes of May 28th meeting.

Move to the board is amended.

I second.

Um motion and second.

Any discussion?

No.

Hearing none.

All those in favor.

Aye.

All is opposed.

It passes.

So now we'll look at the variance application for 150 Hurlberg Road.

Review and comment on the zoning board of appeals to the bezoning board of appeals on the application for a variance file.

Shelter Farm LLC.

On behalf of James Penrose owner for permission to erect the new garage in the front yard setback at 150 Herlbert Road, Great Barrington for section 5.4 and 10.4 of the zoning bio.

So you must be Max Ritt.

I am.

All right.

So you want to introduce project just.

Yeah, um, I was approached by the property owner and the father of the current residence of the property which he owns.

The the goal of which was to discuss the feasibility of adding on an attached garage and breezeway.

And after an initial assessment, it became clear that there were um encroachment and setback issues.

It would give us problems that we would need to approach the planning board and so forth to try and seek a variance in order to bridge that gap.

Um what they're so doing.

Um I provided along with the plans kind of a designation and sighting of the potential structure and did some comparative research around other uh dwelling units in the same zoning district, and um have found that there are a lot of non-conforming structures of similar stature that are less than the uh current boundary setback.

And although I just from quick assessment, definitely feels like they're probably for the most part built prior to that zoning restriction.

Um they have commonality with the um structure itself that we're hoping to build and um set a general precedent that we thought we had a decent case to come before you guys and and approach the topic.

So um beyond that, I think the the siding of the house is set at the 30-foot setback designation.

It was either built coincidentally at that distance or just happens to be at that position based on the street.

And um, in addition to that, the lot itself, although it has sufficient frontage, it's at a asymmetric angle to the street, and the well is placed on one side of the house and the septic is on the other within the boundary setback of the 20 feet from the um abutters setback, and the result of that is that you can't drive past the house on either side without um requesting a right of way.

So we thought the in order to erect the garage and not cross over any of that existing infrastructure or have to relocate it at a massive cost to the owners.

We thought we would just come at it from this angle.

So that's kind of the

the

whole screen, but I can answer other questions.

So Keith, um the assessor says it was built in 2000.

Is that that true?

Uh I don't believe so.

I believe it was in the 1990s.

Well, even even so, it's a non-conforming lot because it's only it's less than half an acre, it's less than half the required lot size.

Yep.

And so

they

couldn't have built that if they built it in the 90s, they couldn't have built that without getting a variance from there.

Unless they mean

the

only

way that

unless they rebuilt it on the a footprint of the

if if the lot was created before the bylaw,

they

do have rights to it, and there was nothing on it at the time.

But

that doesn't necessarily allow you to build on it.

Oh, it does it gives you that right.