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Good evening. Uh, I'd like to welcome

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everyone to the September 1st meeting of

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the Milford Planning and Zoning. Um, if

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you would please stand for the pledge

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and a moment of silence.

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I pledge algiance to the flag of the

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United States of America and to the

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republic for which it stands. One nation

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under God, indivisible, with liberty and

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justice for all.

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» Thank you. If you would, Amy, please

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call the role.

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Mr. Agnesi

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» Present.

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» Mr. Alling has been excused. Mr.

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Anderson

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» Present.

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» Mr. Ferender

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» Present.

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» Mr. Collegian

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» Present.

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» Mr. Machio

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» Here.

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» Mr. Mortimer

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» Present.

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» Mr. Saddy

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» Present.

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» Mr. Zaheres

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» Present.

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» And chairman Quish.

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» And I am also here. Uh, first order of

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business, closed by October 6, vote by

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December 10, is 12 Caroline Street, zone

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R5, petition of Jeff Adalino for a

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coastal area site plan review for a

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single family residence on map 27, block

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449, partial 5, of which Carmen Stfano

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is the owner. Applicant has the floor.

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If you would just give your name and

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address for the board. Uh,

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» Good evening, Jeff Adelino. Can you hear

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me?

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» You can hear me. Okay.

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Everybody else can hear me?

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» What's that?

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» How's that? Okay. Uh, good evening. Jeff

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Adalino, 136 Research Drive, Unit J, in

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Milford, Connecticut. Um, here on behalf

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of Carmen Stefano. She's the owner of 12

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Caroline. I'm a gen general contractor

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in charge of building the project. Um,

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here before the board seeking approval

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for a CAM application. Uh the original

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dwelling on the property was tore down

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in 2023.

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Uh it was non-conforming with the

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setbacks. I'm showing on the first plan

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of the site. Uh there's a page before.

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Yeah, it was built over the setbacks. Uh

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we designed a new single family dwelling

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to meet the requirements of today's

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zoning and building codes for an AE11

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zone. Uh all pertinent city departments

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have reviewed the plan and have deemed

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it zoning compliant. The state has also

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given us the blessing for the project.

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Uh the city engineer did a review and a

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couple issues have been addressed. His

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only remaining comment is to

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uh address at the time of the issuing of

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the CO. He wants a letter stating that

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the road and the

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uh garage floor are not meeting his

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requirements, but there's nothing we can

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do about it down there. So, um that's

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about it. Any questions?

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» Great. Thank you. Um David, if you would

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uh give us an overview and then we'll

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open questions to the board.

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The applicant is proposing to construct

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a new single family dwelling of 35 ft in

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height. The city engineer recommends a

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conditional approval with item one under

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my recommendations from his letter to

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the planning and zoning office being the

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condition. No adverse impacts to coastal

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resources are anticipated by the

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proposed project.

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» Thank you. Are there any questions or

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comments from the board?

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» Um, yeah. uh regarding the letter from

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the engineer you said uh or from from

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you that the engineer required there's

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nothing you can do about it. Can you

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explain the situation with

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» So I guess down there the elevations are

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so low. Normally the city engineer wants

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the garage to be at elevation 18 in

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above the crown of the road. But with

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the elevations being so low down there,

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we can't do that. So, he requires a

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letter which is in his review

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um stating that the owner is aware of

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that. And I guess what he's looking to

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do is if there's ever future work in

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that area, everybody knows that the

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elevations may change. So, I think

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that's what he's ultimately trying to

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do.

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» Understood. Thank you.

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» Yeah.

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» Thank you. Any further questions at this

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point?

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» Seeing none, I'd hear a motion.

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» Mr. Chair, this is regarding 12 Caroline

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Street zone R5. I move to approve with

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the following condition the petition of

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Jeff Adelina for a coastal area site

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plan review for single family residence

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in map 027

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block 449 parcel 5 of which Carmen

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Stephano is the owner and the condition

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that be as mentioned by Mr. Adeline over

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number one that the recommendation city

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engineer and her letter dated August

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25th of 2026

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shall be completed to the satisfaction

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of the city engineer which apparently is

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a letter.

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» Thank you very much.

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» I second.

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» We have a motion and a second. Any

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discussion on the motion?

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Seeing none, if you would please call

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the role.

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» Mr. Agnes

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» With the motion.

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» Mr. Anderson

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» With the motion.

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» Mr. Furmener

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» With the motion.

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» Mr. Collegiian

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» With the motion.

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» Mr. Machio

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» With the motion.

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» Mr. Mortimer

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» With the motion.

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» Mr. Saddy

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» With the motion.

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» Mr. Zaher

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» With the motion.

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» Chairman Quish

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» Also with the motion. Good luck with

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your project.

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» Thank you. Have a good evening.

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» Next order of business is 181ic Drive.

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Excuse [clears throat] me. uh zone R12

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petition of Alexandra Moch for a coastal

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area site plan review for a single

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family residence on map 14 block 17

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parcel 19 of which David B Cohen and

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Allison V Cohen are the owners.

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Applicant has the floor. If you would

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just state your name and address for the

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record.

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» Good evening. Alexandra Mock,

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environmental consultant, 95 Halpin

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Avenue, Stanford, Connecticut. Um so

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this is a 1 one3 acre site uh located in

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within R12 zone. Um on the east we have

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Hazatonic drive and uh to the northwest

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we have Hatonic River.

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Uh it is a coastal area uh and uh the

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coastal resources include tidal wetland

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along the western uh property line. Uh

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shellfish concentrations associated with

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the tidal wetland and spartina growth

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are shorelands and coastal road hazard

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area.

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Uh the slaughters uh of the properties

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served by public water and sewer. Uh the

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proposed activities is to demolish the

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existing residence and build a new one

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FEMA compliant uh together with a an

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ingground pool and uh pool terrace uh

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storm water management and new driveway.

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Uh the project actually is going to

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cause the huge decrease of impervious

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surface. We are going to be decreasing

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the cover uh more than 4,000 square

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feet. Reason being because uh right now

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there's a detached garage which is much

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closer uh to the coastal resource which

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is the title wetland and the garage

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itself is going to stay but the driveway

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which kind of runs past the house all

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the way to the garage in the back is

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going to be removed and this is the

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majority of the impervious surface which

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we're going to be restoring uh into a

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permeable area.

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This is going to be two story residence

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and uh it's going the height is going to

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be 33 feet. Um because of the location

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uh we are not going to be impacting any

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of the coastal resources. We have a

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large setback between the coastal

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resources and the development. Again the

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site is the house is going to be FEMA

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compliant. So it's going to be safe and

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uh respecting the existing uh flood

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zone. Um, no grading is going to be uh

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happening with Hind the uh flood zones.

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Uh, that's all I have to cover.

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» Great. Thank you. And David, if you

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would um give us your overview before we

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open up questions.

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» The applicants are proposing to demolish

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the existing single family dwelling and

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construct a new FEMA compliant single

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family dwelling. The proposed height is

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33 feet. No adverse impacts to coastal

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resources are expected.

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» Okay. Thank you. Are there any questions

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or comments from the board at this time?

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Seeing none, I'd hear a motion.

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» Mr. Chair, regarding 181 Husatonic

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Drive, zone R12, I move to approve

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petition of Alexander Mo for coastal

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area site plan review for a single

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family residence of map 014, block 17,

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parcel 19, of which David B. Cohen and

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Alyssa B. Cohen are the owners.

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» Second. We have a motion and a second.

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Is there any discussion on the motion?

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Seeing none, if you would please call

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the vote.

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» Mr. Agnesi

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» With the motion.

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» Mr. Anderson

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» With the motion.

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» Mr. Fender

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» With the motion.

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» Mr. Collegian

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» With the motion.

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» Mr. Machio

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» With the motion.

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» Mr. Mortimer

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» With the motion.

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» Mr. Sadi

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» With the motion.

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» Mr. Zaheres

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» With the motion.

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» Chairman Quish,

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» I'm also with the motion. Good luck with

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your project.

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» Thank you so much.

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Next order of business is 732 East

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Broadway, zone R5, petition of James

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Sackenick for a coastal area site plan

261
00:14:07,040 --> 00:14:13,199
review for a single family residence on

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map 22, block 458, parcel one, of which

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Sean and Anna Mahon, JTWRS,

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are the owners. If you would just give

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your name and address for the record.

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» Yes, my name is James Sakonic. Uh my

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office is at 1775

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Meridan Waterberry Road, Mildale, a part

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of Southernington, Connecticut.

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I'm uh a professional engineer and land

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surveyor and I have uh prepared plans

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and this coastal site plan review

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application. Uh this site is in an AE

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zone. It is outside of the V zone. It is

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on the shore side of East Broadway,

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which is kind of a high point. So, it

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actually drains to the I think they call

278
00:15:00,800 --> 00:15:08,959
it the great swamp or the great marsh uh

279
00:15:03,440 --> 00:15:13,199
in the back. Uh it is subject to uh the

280
00:15:08,959 --> 00:15:15,600
flood area. Obviously, there was a house

281
00:15:13,199 --> 00:15:18,800
on the property. That house was damaged

282
00:15:15,600 --> 00:15:24,720
in the hurricane. That house was raised

283
00:15:18,800 --> 00:15:28,240
on a concrete uh pilings uh and um they

284
00:15:24,720 --> 00:15:31,360
have decided to uh for various the house

285
00:15:28,240 --> 00:15:32,880
was old uh they removed the house. The

286
00:15:31,360 --> 00:15:36,399
pilings are still there. They're going

287
00:15:32,880 --> 00:15:39,360
to replace the house with a new house

288
00:15:36,399 --> 00:15:40,720
situated so that the uh electrical

289
00:15:39,360 --> 00:15:44,240
equipment and all the electrical

290
00:15:40,720 --> 00:15:46,079
equipment is above the regulated uh

291
00:15:44,240 --> 00:15:48,880
which is the flood plane elevation plus

292
00:15:46,079 --> 00:15:52,240
2 ft and all the living space would be

293
00:15:48,880 --> 00:15:55,120
up there. They will have a garage there.

294
00:15:52,240 --> 00:15:57,920
That garage is going to be about level

295
00:15:55,120 --> 00:16:01,440
with the road, not the one and 1/2t

296
00:15:57,920 --> 00:16:04,399
above the road that you may have heard.

297
00:16:01,440 --> 00:16:06,480
Um that's okay. We have acknowledged as

298
00:16:04,399 --> 00:16:07,839
the town engineer requests that we

299
00:16:06,480 --> 00:16:10,880
understand the road might come up

300
00:16:07,839 --> 00:16:14,399
someday and that's our problem not the

301
00:16:10,880 --> 00:16:19,120
town's problems. We we accept that. Uh

302
00:16:14,399 --> 00:16:21,920
so that we are in a the coastal area. We

303
00:16:19,120 --> 00:16:25,120
are in a hazard of flood hazard but we

304
00:16:21,920 --> 00:16:27,519
have done the customary mitigations to

305
00:16:25,120 --> 00:16:30,000
take care of that. uh making sure that

306
00:16:27,519 --> 00:16:32,959
we're not increasing drainage, making

307
00:16:30,000 --> 00:16:36,000
sure that our uh so we have some on-site

308
00:16:32,959 --> 00:16:39,199
retention and incorporated all the

309
00:16:36,000 --> 00:16:42,000
customary protections for the coastal

310
00:16:39,199 --> 00:16:44,560
resources.

311
00:16:42,000 --> 00:16:48,440
» Great. Thank you. Um David, if you would

312
00:16:44,560 --> 00:16:48,440
give us an overview, please.

313
00:16:51,600 --> 00:16:55,440
The applicant is proposing a major

314
00:16:53,440 --> 00:16:57,839
remodel and expansion to an existing

315
00:16:55,440 --> 00:16:59,920
single family dwelling unit. Uh this

316
00:16:57,839 --> 00:17:01,519
constitutes a substantial improvement

317
00:16:59,920 --> 00:17:03,680
which triggers the need for a camera

318
00:17:01,519 --> 00:17:07,120
view and flood zone compliance. The

319
00:17:03,680 --> 00:17:09,280
house will be 34 and 1158 in height. No

320
00:17:07,120 --> 00:17:12,160
adverse impacts to coastal resources are

321
00:17:09,280 --> 00:17:13,919
anticipated. A garage floor letter item

322
00:17:12,160 --> 00:17:15,679
A of the city engineers review dated

323
00:17:13,919 --> 00:17:19,600
8/19

324
00:17:15,679 --> 00:17:22,400
26 is required prior to permitting.

325
00:17:19,600 --> 00:17:25,520
» Great. Thank you. Um is there any

326
00:17:22,400 --> 00:17:28,480
questions or comments at this point?

327
00:17:25,520 --> 00:17:31,280
» Yes. So obviously this this letter to

328
00:17:28,480 --> 00:17:33,520
the engineer it's similar as a situation

329
00:17:31,280 --> 00:17:35,200
earlier this you you have this letter

330
00:17:33,520 --> 00:17:35,600
for the engineer.

331
00:17:35,200 --> 00:17:37,840
» Yes.

332
00:17:35,600 --> 00:17:40,480
» Already. So that that requirement has

333
00:17:37,840 --> 00:17:42,559
been satisfied. We're happy to satisfy.

334
00:17:40,480 --> 00:17:45,039
In fact, we have signed a letter and

335
00:17:42,559 --> 00:17:46,720
submitted it to the uh town and if they

336
00:17:45,039 --> 00:17:47,840
want a modification in the wording, we'd

337
00:17:46,720 --> 00:17:50,240
be happy to do that.

338
00:17:47,840 --> 00:17:53,120
» Okay. Thank you.

339
00:17:50,240 --> 00:17:54,799
» Great. Any further questions?

340
00:17:53,120 --> 00:17:58,039
Seeing none, if you would please call

341
00:17:54,799 --> 00:17:58,039
the vote.

342
00:17:59,120 --> 00:18:02,640
» Motion.

343
00:17:59,679 --> 00:18:03,600
» Oh, I'm sorry. Getting ahead of myself

344
00:18:02,640 --> 00:18:05,039
here.

345
00:18:03,600 --> 00:18:07,919
» Uh, I'd hear a motion.

346
00:18:05,039 --> 00:18:10,400
» Okay. I move to approve with condition

347
00:18:07,919 --> 00:18:12,880
the petition of James

348
00:18:10,400 --> 00:18:15,120
S. Am I in the right one? Yeah. Second

349
00:18:12,880 --> 00:18:18,320
Chick for a coastal site plan review for

350
00:18:15,120 --> 00:18:21,520
a single family residence on map 022

351
00:18:18,320 --> 00:18:26,720
block 458 parcel one of which Sha and

352
00:18:21,520 --> 00:18:29,039
Anna Mayan Mayan JTWRS are the owners.

353
00:18:26,720 --> 00:18:30,960
The condition is a garage floor letter

354
00:18:29,039 --> 00:18:34,320
item E of the city's engineer review

355
00:18:30,960 --> 00:18:35,760
dated 8:19 2026 is required prior to

356
00:18:34,320 --> 00:18:37,200
permitting.

357
00:18:35,760 --> 00:18:38,720
» Second.

358
00:18:37,200 --> 00:18:41,520
» We have a motion and a second. Any

359
00:18:38,720 --> 00:18:44,240
discussion on the motion?

360
00:18:41,520 --> 00:18:46,720
» Seeing none, if you would please call

361
00:18:44,240 --> 00:18:47,760
the vote.

362
00:18:46,720 --> 00:18:49,200
» Mr. Agnes

363
00:18:47,760 --> 00:18:50,320
» With the motion.

364
00:18:49,200 --> 00:18:51,440
» Mr. Anderson

365
00:18:50,320 --> 00:18:52,559
» With the motion.

366
00:18:51,440 --> 00:18:53,760
» Mr. Fermener

367
00:18:52,559 --> 00:18:54,799
» With the motion.

368
00:18:53,760 --> 00:18:57,039
» Mr. Collegian

369
00:18:54,799 --> 00:18:58,320
» With the motion. Mr. Machio

370
00:18:57,039 --> 00:18:59,360
» With the motion.

371
00:18:58,320 --> 00:19:00,640
» Mr. Mortimer

372
00:18:59,360 --> 00:19:01,679
» With the motion.

373
00:19:00,640 --> 00:19:02,720
» Mr. Sadi

374
00:19:01,679 --> 00:19:03,760
» With the motion.

375
00:19:02,720 --> 00:19:04,720
» Mr. Zaher

376
00:19:03,760 --> 00:19:05,679
» With the motion.

377
00:19:04,720 --> 00:19:07,120
» Chairman Quish

378
00:19:05,679 --> 00:19:07,840
» Also with the motion. Good luck with

379
00:19:07,120 --> 00:19:11,080
your project.

380
00:19:07,840 --> 00:19:11,080
» Thank you.

381
00:19:19,440 --> 00:19:24,799
Next order of business is

382
00:19:22,640 --> 00:19:26,880
131 Milford Point Road, zone R5,

383
00:19:24,799 --> 00:19:30,000
petition of Thomas P. Lynch, Esquire for

384
00:19:26,880 --> 00:19:33,679
coastal area site plan review for a

385
00:19:30,000 --> 00:19:36,720
single family residence on map 006,

386
00:19:33,679 --> 00:19:38,880
block 084, parcel 40, of which Eric and

387
00:19:36,720 --> 00:19:40,240
Emily Blanchard are the owners.

388
00:19:38,880 --> 00:19:41,840
Applicant has the floor.

389
00:19:40,240 --> 00:19:43,760
» Good evening, Mr. Chairman, members of

390
00:19:41,840 --> 00:19:45,679
the board. For the record, Thomas Lynch.

391
00:19:43,760 --> 00:19:48,320
Uh I'm an attorney with law offices here

392
00:19:45,679 --> 00:19:50,320
in Milford at 63 Cherry Street. And I'm

393
00:19:48,320 --> 00:19:52,400
here tonight with my clients, Eric and

394
00:19:50,320 --> 00:19:55,280
Emily Blanchard. They're the owners of

395
00:19:52,400 --> 00:19:58,160
the property uh located at 131 Milford

396
00:19:55,280 --> 00:20:01,360
Point Road. And this is a a CAM site

397
00:19:58,160 --> 00:20:03,280
plan application. Um currently on the

398
00:20:01,360 --> 00:20:05,919
property, there's two residences.

399
00:20:03,280 --> 00:20:08,240
There's the shorefront uh what I'll

400
00:20:05,919 --> 00:20:12,000
refer to as the main residence. And what

401
00:20:08,240 --> 00:20:14,000
we're uh applying for tonight is uh

402
00:20:12,000 --> 00:20:16,080
application for CAM approval for the

403
00:20:14,000 --> 00:20:18,314
removal of the cottage which is on the

404
00:20:16,080 --> 00:20:19,600
street side of Milford Point Road.

405
00:20:18,314 --> 00:20:22,960
[clears throat] Removing that cottage

406
00:20:19,600 --> 00:20:26,829
and building a new uh cottage on pilings

407
00:20:22,960 --> 00:20:28,640
uh uh in zone classification R5.

408
00:20:26,829 --> 00:20:30,640
[clears throat] So this is the last step

409
00:20:28,640 --> 00:20:32,159
in the administrative process that we've

410
00:20:30,640 --> 00:20:35,280
gone through with this. My clients

411
00:20:32,159 --> 00:20:38,720
bought this property uh two years ago.

412
00:20:35,280 --> 00:20:42,400
Um the plan is David has on the screen

413
00:20:38,720 --> 00:20:44,320
here. You can see it's a very well uh

414
00:20:42,400 --> 00:20:48,000
designed beautiful building that Joe

415
00:20:44,320 --> 00:20:51,760
Rouso has uh drawn for the Blanchards.

416
00:20:48,000 --> 00:20:54,480
Uh the current cottage is not FEMA

417
00:20:51,760 --> 00:20:56,960
compliant. It's uh basically uh

418
00:20:54,480 --> 00:21:00,000
developed on ground level. This will

419
00:20:56,960 --> 00:21:02,960
raise the new structure to uh the

420
00:21:00,000 --> 00:21:06,559
standards in the VE zone. Uh the first

421
00:21:02,960 --> 00:21:08,240
level will be 15 feet in elevation and

422
00:21:06,559 --> 00:21:10,960
the height of the height of the

423
00:21:08,240 --> 00:21:12,400
structure is some 34 feet. So uh

424
00:21:10,960 --> 00:21:14,799
everything has been reviewed by the

425
00:21:12,400 --> 00:21:17,440
zoning department and uh is zoning

426
00:21:14,799 --> 00:21:20,880
compliant. Uh the city engineer reviewed

427
00:21:17,440 --> 00:21:22,799
the plans. Uh there's a note both in his

428
00:21:20,880 --> 00:21:26,240
letter and then David's administrative

429
00:21:22,799 --> 00:21:28,640
summary making reference to the um uh

430
00:21:26,240 --> 00:21:30,480
the elevation certificate that was uh

431
00:21:28,640 --> 00:21:33,280
supplied. Apparently, there were some

432
00:21:30,480 --> 00:21:35,919
revisions made to the plans. So, they

433
00:21:33,280 --> 00:21:39,360
the revised plans were filed, but the

434
00:21:35,919 --> 00:21:41,919
original uh uh elevation certificate was

435
00:21:39,360 --> 00:21:45,120
in the file and the city engineer and

436
00:21:41,919 --> 00:21:48,720
Steve Harris both uh required that a

437
00:21:45,120 --> 00:21:50,559
revised certificate of elevation be uh

438
00:21:48,720 --> 00:21:53,200
put together. I was able to get a hold

439
00:21:50,559 --> 00:21:56,559
of the engineer today and I emailed this

440
00:21:53,200 --> 00:21:59,440
to uh uh David about 3:00 this

441
00:21:56,559 --> 00:22:01,280
afternoon. So that requirement uh was

442
00:21:59,440 --> 00:22:03,440
noted in the engineers report. He

443
00:22:01,280 --> 00:22:05,039
recommended an approval with that

444
00:22:03,440 --> 00:22:06,559
condition, but I just want to let you

445
00:22:05,039 --> 00:22:08,400
know that that condition has been met

446
00:22:06,559 --> 00:22:12,000
and we did supply that to the zoning

447
00:22:08,400 --> 00:22:15,440
office and to the uh city engineer. The

448
00:22:12,000 --> 00:22:18,240
plans also show a floor plan which uh is

449
00:22:15,440 --> 00:22:21,120
basically an open first floor with

450
00:22:18,240 --> 00:22:22,960
kitchen and living room with a bedroom

451
00:22:21,120 --> 00:22:26,640
and then there'll be a second level

452
00:22:22,960 --> 00:22:28,640
bedroom uh up above in a loft style. The

453
00:22:26,640 --> 00:22:32,320
other notation that I wanted to make is

454
00:22:28,640 --> 00:22:34,000
that uh the city engineer uh noted that

455
00:22:32,320 --> 00:22:36,799
with the house raised in the position

456
00:22:34,000 --> 00:22:39,679
that it is, it'll be gravel underneath.

457
00:22:36,799 --> 00:22:42,080
So there will be no net increase in

458
00:22:39,679 --> 00:22:45,120
storm water runoff. So he did not

459
00:22:42,080 --> 00:22:48,159
require a storm water mitigation uh

460
00:22:45,120 --> 00:22:50,640
system to be designed for this project.

461
00:22:48,159 --> 00:22:52,480
Lastly, uh I think most people know in

462
00:22:50,640 --> 00:22:54,640
Cedar Beach there is a, you know,

463
00:22:52,480 --> 00:22:57,600
parking parking can be a problem down

464
00:22:54,640 --> 00:22:59,600
there. Uh with the house or the cottage

465
00:22:57,600 --> 00:23:02,880
being raised now, there'll be parking

466
00:22:59,600 --> 00:23:05,679
for two off street uh there'll be space

467
00:23:02,880 --> 00:23:08,000
for two cars to park off street. So

468
00:23:05,679 --> 00:23:09,760
again, that's a notable uh item that I

469
00:23:08,000 --> 00:23:12,240
wanted to mention to you. It's it'll be

470
00:23:09,760 --> 00:23:14,240
an improvement for the area. So, other

471
00:23:12,240 --> 00:23:17,840
than that, I happy to answer if any

472
00:23:14,240 --> 00:23:20,559
questions if there are any, but uh um

473
00:23:17,840 --> 00:23:22,080
this is going to be a beautiful new

474
00:23:20,559 --> 00:23:23,600
structure and an addition to the

475
00:23:22,080 --> 00:23:25,840
neighborhood. Thanks.

476
00:23:23,600 --> 00:23:27,360
» Thank you, David, if you would give your

477
00:23:25,840 --> 00:23:29,280
overview.

478
00:23:27,360 --> 00:23:31,039
» The applicants are proposing to raise an

479
00:23:29,280 --> 00:23:33,039
existing cottage and construct a new

480
00:23:31,039 --> 00:23:35,039
elevated single family dwelling on a

481
00:23:33,039 --> 00:23:37,200
property that has two separate uh one

482
00:23:35,039 --> 00:23:38,960
family dwellings. The structure that is

483
00:23:37,200 --> 00:23:40,799
located closest to Milford Point Road is

484
00:23:38,960 --> 00:23:43,600
the subject of this application and will

485
00:23:40,799 --> 00:23:44,960
be under 24 ft in height. Concerns have

486
00:23:43,600 --> 00:23:46,880
been raised by the city engineer

487
00:23:44,960 --> 00:23:48,880
regarding the submitted materials.

488
00:23:46,880 --> 00:23:51,200
Number one, the building plan sets are

489
00:23:48,880 --> 00:23:52,960
not consistent. Two, the drawings do not

490
00:23:51,200 --> 00:23:56,080
meet all the requirements for structures

491
00:23:52,960 --> 00:23:57,679
in a Vzone. Three, a new Vzone design

492
00:23:56,080 --> 00:23:59,280
certificate is to be issued upon the

493
00:23:57,679 --> 00:24:01,760
submission of the final building

494
00:23:59,280 --> 00:24:03,679
drawings. Uh if approved by the board,

495
00:24:01,760 --> 00:24:05,760
the approval shall be conditioned on the

496
00:24:03,679 --> 00:24:08,799
submission of revised building drawings

497
00:24:05,760 --> 00:24:11,039
and Vzone design certificate to the full

498
00:24:08,799 --> 00:24:12,400
satisfaction of both the city engineer

499
00:24:11,039 --> 00:24:14,480
and the Milford flood plane

500
00:24:12,400 --> 00:24:16,720
administrator prior to the issuance of a

501
00:24:14,480 --> 00:24:18,640
zoning permit. No adverse impacts to

502
00:24:16,720 --> 00:24:22,159
coastal resources are anticipated once

503
00:24:18,640 --> 00:24:24,799
the above concerns are addressed.

504
00:24:22,159 --> 00:24:28,440
» Thank you. Are there any questions or

505
00:24:24,799 --> 00:24:28,440
comments from the board?

506
00:24:29,600 --> 00:24:31,600
Seeing none.

507
00:24:30,640 --> 00:24:33,360
» Yeah. Okay.

508
00:24:31,600 --> 00:24:36,320
» Um, yeah, there was a list of concerns

509
00:24:33,360 --> 00:24:39,440
by the city engineer. Did did they all

510
00:24:36,320 --> 00:24:41,679
have to do with the letter that you gave

511
00:24:39,440 --> 00:24:43,440
you sent to uh Mr. Sulcus? Is that

512
00:24:41,679 --> 00:24:45,039
» Yes. And then the revised plans which I

513
00:24:43,440 --> 00:24:46,480
believe those were were submitted as

514
00:24:45,039 --> 00:24:49,360
well too.

515
00:24:46,480 --> 00:24:51,919
» So, okay. So, for you David, do these

516
00:24:49,360 --> 00:24:54,240
conditions no longer apply?

517
00:24:51,919 --> 00:24:55,840
» Uh, they were sent uh to me after I had

518
00:24:54,240 --> 00:24:58,400
left the office. I have not had a chance

519
00:24:55,840 --> 00:25:00,480
to look at them. So feel free to keep

520
00:24:58,400 --> 00:25:03,039
the conditions and if they're met,

521
00:25:00,480 --> 00:25:04,159
they're met and they will have met the

522
00:25:03,039 --> 00:25:04,640
conditions.

523
00:25:04,159 --> 00:25:08,480
» Okay.

524
00:25:04,640 --> 00:25:12,120
» And that's and that's fine. That's fine.

525
00:25:08,480 --> 00:25:12,120
» Any further questions?

526
00:25:12,159 --> 00:25:16,200
» Seeing none, I'd hear a motion.

527
00:25:17,279 --> 00:25:21,520
» I move to approve with conditions the

528
00:25:19,360 --> 00:25:24,240
petition of Thomas B. Lynch Esquire for

529
00:25:21,520 --> 00:25:28,159
coastal area site plan review for single

530
00:25:24,240 --> 00:25:30,559
plan residents on map 006 block 084

531
00:25:28,159 --> 00:25:33,360
parcel 40 of which Eric and Emily

532
00:25:30,559 --> 00:25:35,120
Blanchard are the owners. Conditions are

533
00:25:33,360 --> 00:25:38,080
the submission of revised building

534
00:25:35,120 --> 00:25:39,840
drawings and a vzone design certificate

535
00:25:38,080 --> 00:25:42,400
to the full satisfaction of both the

536
00:25:39,840 --> 00:25:44,880
city engineer and the Milford flood uh

537
00:25:42,400 --> 00:25:48,640
plane administrator prior to the

538
00:25:44,880 --> 00:25:50,320
issuance of a zoning permit.

539
00:25:48,640 --> 00:25:54,520
We have a motion and a second. Do we

540
00:25:50,320 --> 00:25:54,520
have any discussion on the motion?

541
00:25:55,200 --> 00:25:59,679
Seeing none, if you would please call

542
00:25:57,440 --> 00:26:00,799
the vote.

543
00:25:59,679 --> 00:26:02,240
» Mr. Agnesi

544
00:26:00,799 --> 00:26:03,360
» With the motion.

545
00:26:02,240 --> 00:26:04,320
» Mr. Anderson

546
00:26:03,360 --> 00:26:05,440
» With the motion.

547
00:26:04,320 --> 00:26:06,559
» Mr. Fermener

548
00:26:05,440 --> 00:26:07,760
» With the motion.

549
00:26:06,559 --> 00:26:08,880
» Mr. Collegian

550
00:26:07,760 --> 00:26:09,760
» With the motion.

551
00:26:08,880 --> 00:26:10,720
» Mr. Machio

552
00:26:09,760 --> 00:26:11,679
» With the motion.

553
00:26:10,720 --> 00:26:12,799
» Mr. Mortimer

554
00:26:11,679 --> 00:26:13,760
» With the motion.

555
00:26:12,799 --> 00:26:14,880
» Mr. Saddy

556
00:26:13,760 --> 00:26:16,000
» With the motion.

557
00:26:14,880 --> 00:26:17,919
» Mr. Zaheres

558
00:26:16,000 --> 00:26:19,600
» With the motion. Chairman question.

559
00:26:17,919 --> 00:26:20,480
» I'm also with the motion. Good luck with

560
00:26:19,600 --> 00:26:23,039
your project.

561
00:26:20,480 --> 00:26:26,480
» Thanks so much.

562
00:26:23,039 --> 00:26:29,600
» Next order of business is 674 Nogatuck

563
00:26:26,480 --> 00:26:32,320
Avenue, zone LI, petition of Christopher

564
00:26:29,600 --> 00:26:34,400
Sy for a site plan review with coastal

565
00:26:32,320 --> 00:26:39,200
area management to expand and construct

566
00:26:34,400 --> 00:26:42,640
a new parking lot on map 23, block 362,

567
00:26:39,200 --> 00:26:47,760
parcel 29, of which Christopher Sy is

568
00:26:42,640 --> 00:26:47,760
the owner. Applicant has you give

569
00:27:15,039 --> 00:27:18,559
If you would Just give your name and

570
00:27:16,720 --> 00:27:18,960
address for uh the record.

571
00:27:18,559 --> 00:27:20,000
» Sure.

572
00:27:18,960 --> 00:27:22,720
» Applicant has the floor.

573
00:27:20,000 --> 00:27:24,799
» Yes. Christopher Sy um address at 150

574
00:27:22,720 --> 00:27:28,320
Bittersweet a Milford, Connecticut. And

575
00:27:24,799 --> 00:27:31,440
I'm here for uh a parking uh expansion

576
00:27:28,320 --> 00:27:33,760
at 674 Nogat A. I've given you a

577
00:27:31,440 --> 00:27:35,760
narrative uh with some backup, but I

578
00:27:33,760 --> 00:27:37,760
just want to get into the administrative

579
00:27:35,760 --> 00:27:41,919
summary first if I could. There's some

580
00:27:37,760 --> 00:27:44,240
inaccuracies in it. Um number one,

581
00:27:41,919 --> 00:27:46,000
there's some pending issues. uh inland

582
00:27:44,240 --> 00:27:49,039
wetlands that's already been approved.

583
00:27:46,000 --> 00:27:50,720
It was approved on July 2nd. Uh police,

584
00:27:49,039 --> 00:27:54,720
I have a tenative approval. It's in the

585
00:27:50,720 --> 00:27:56,320
packet. Um and then the other one is the

586
00:27:54,720 --> 00:27:58,480
sewer commission which was approved six

587
00:27:56,320 --> 00:28:00,559
months ago. So those pending items have

588
00:27:58,480 --> 00:28:02,559
all been taken care of. And the police

589
00:28:00,559 --> 00:28:03,760
department is has no issues with it, but

590
00:28:02,559 --> 00:28:06,080
they have to wait for the police

591
00:28:03,760 --> 00:28:07,679
department uh the general meeting on I

592
00:28:06,080 --> 00:28:09,200
think the 21st, but that's in your

593
00:28:07,679 --> 00:28:11,760
packet.

594
00:28:09,200 --> 00:28:13,600
It also mentions the expansion of the

595
00:28:11,760 --> 00:28:15,679
parking lot began without proper

596
00:28:13,600 --> 00:28:17,840
permits, approvals or permits. That's

597
00:28:15,679 --> 00:28:19,840
incorrect. The parking lot that's shown

598
00:28:17,840 --> 00:28:21,440
there that was reclaimed, it's existing

599
00:28:19,840 --> 00:28:24,399
parking lot. It's been there for 100

600
00:28:21,440 --> 00:28:27,200
years or 50 years. It was a 60 parking

601
00:28:24,399 --> 00:28:28,559
space parking lot that was there. So, I

602
00:28:27,200 --> 00:28:32,399
just want to get into the into the

603
00:28:28,559 --> 00:28:33,919
narrative on on some of this stuff.

604
00:28:32,399 --> 00:28:36,320
Thank you for giving us the opportunity

605
00:28:33,919 --> 00:28:39,360
to present the application for the plan

606
00:28:36,320 --> 00:28:41,039
and use approved for 674 Nagatakav. A

607
00:28:39,360 --> 00:28:43,440
little background on the site 674

608
00:28:41,039 --> 00:28:47,279
Ngatav. It is existing building with

609
00:28:43,440 --> 00:28:49,360
24,000 ft of warehouse space and 2400 ft

610
00:28:47,279 --> 00:28:52,799
of office space that we purchased in

611
00:28:49,360 --> 00:28:56,240
April of 2025. It sits on two and a half

612
00:28:52,799 --> 00:28:58,159
acres approximately in the LI zone.

613
00:28:56,240 --> 00:29:01,440
We've been working on the property since

614
00:28:58,159 --> 00:29:03,360
June of 2025. The work included uh

615
00:29:01,440 --> 00:29:05,440
significant interior renovations. The

616
00:29:03,360 --> 00:29:07,840
existing building was a a commercial

617
00:29:05,440 --> 00:29:09,840
manufacturer with heavy electricity that

618
00:29:07,840 --> 00:29:11,679
was past its useful life with uh

619
00:29:09,840 --> 00:29:13,919
transformers that no longer you could

620
00:29:11,679 --> 00:29:15,360
repair. So that got all ripped out. We

621
00:29:13,919 --> 00:29:16,880
have all permits for all that. All the

622
00:29:15,360 --> 00:29:18,399
work that we did. We installed a number

623
00:29:16,880 --> 00:29:20,640
of new bathrooms in there. That's where

624
00:29:18,399 --> 00:29:22,000
the sewer department approval came in.

625
00:29:20,640 --> 00:29:23,360
And we cleaned up the offices because

626
00:29:22,000 --> 00:29:27,520
there was a decent amount of mold. Just

627
00:29:23,360 --> 00:29:29,279
to give you some background on it. Um,

628
00:29:27,520 --> 00:29:32,320
we never had any issues with any of the

629
00:29:29,279 --> 00:29:33,919
city departments. On May 15, 2026, we

630
00:29:32,320 --> 00:29:36,240
applied for an inland wetlands approval

631
00:29:33,919 --> 00:29:37,840
to work within 100 ft of the wetlands.

632
00:29:36,240 --> 00:29:40,559
There was a notice of violation issued

633
00:29:37,840 --> 00:29:42,880
on June 4th from 2026 for the inland

634
00:29:40,559 --> 00:29:44,320
wetlands, which was removed on July 1st

635
00:29:42,880 --> 00:29:46,960
and and approval was given for the

636
00:29:44,320 --> 00:29:49,440
inland wetlands. We also gave the city

637
00:29:46,960 --> 00:29:51,200
$31,000 cash bond and a hold harmless

638
00:29:49,440 --> 00:29:53,120
cause for the drainage and planning that

639
00:29:51,200 --> 00:29:55,200
we were required on our site plan.

640
00:29:53,120 --> 00:29:56,960
During the July 1 meeting, inland

641
00:29:55,200 --> 00:29:58,960
wetlands meeting, the inland wetlands

642
00:29:56,960 --> 00:30:00,799
board member commented that in all the

643
00:29:58,960 --> 00:30:03,039
years reviewing projects, this was one

644
00:30:00,799 --> 00:30:04,880
of the best projects we'd ever received.

645
00:30:03,039 --> 00:30:06,159
So, we were pretty happy with that. I

646
00:30:04,880 --> 00:30:07,679
also want to clear up a little other

647
00:30:06,159 --> 00:30:11,120
misinformation.

648
00:30:07,679 --> 00:30:12,559
On June 4th, 2026, we received two NOVs,

649
00:30:11,120 --> 00:30:14,960
notice of violations, from Steven

650
00:30:12,559 --> 00:30:16,559
Harris. One for filling in with 25 ft of

651
00:30:14,960 --> 00:30:18,799
a wetlands and the second one for

652
00:30:16,559 --> 00:30:20,320
bringing in fill without a permit. Both

653
00:30:18,799 --> 00:30:23,600
were rescended by Steven Harris and the

654
00:30:20,320 --> 00:30:25,840
zoning department on June 20 29th, 2026

655
00:30:23,600 --> 00:30:27,360
after multiple meetings and emails where

656
00:30:25,840 --> 00:30:30,640
we proved that the zoning department was

657
00:30:27,360 --> 00:30:32,159
wrong in those filings of the novs. We

658
00:30:30,640 --> 00:30:34,720
never received an apology for their

659
00:30:32,159 --> 00:30:36,240
mistake or retraction publicly. A little

660
00:30:34,720 --> 00:30:38,159
disappointing.

661
00:30:36,240 --> 00:30:39,600
We have done we have done the work on

662
00:30:38,159 --> 00:30:41,679
the property for over two and a half

663
00:30:39,600 --> 00:30:43,520
months even though we provided a cash

664
00:30:41,679 --> 00:30:45,279
bond and a hold harmless cost to start

665
00:30:43,520 --> 00:30:47,120
our drainage work which is approved by

666
00:30:45,279 --> 00:30:48,559
the city engineer which according to our

667
00:30:47,120 --> 00:30:49,679
zoning regulations would should have

668
00:30:48,559 --> 00:30:51,840
been allowed. I should have been issued

669
00:30:49,679 --> 00:30:56,120
a zoning permit and I can state that

670
00:30:51,840 --> 00:30:56,120
that regulation if you like.

671
00:30:57,360 --> 00:31:00,880
David has refused to allow us to be

672
00:30:59,440 --> 00:31:02,480
begin this work. And to be blunt, the

673
00:31:00,880 --> 00:31:04,559
only time the city planner replies to my

674
00:31:02,480 --> 00:31:06,720
numerous emails is when I at least wait

675
00:31:04,559 --> 00:31:08,559
at least a week from an email and I have

676
00:31:06,720 --> 00:31:11,279
to send an email to the mayor asking for

677
00:31:08,559 --> 00:31:13,039
assistance. David has never answered

678
00:31:11,279 --> 00:31:15,440
many of my many questions and concerns,

679
00:31:13,039 --> 00:31:17,520
which is unacceptable. As a city, as a

680
00:31:15,440 --> 00:31:21,279
civil servant, he is here to assist the

681
00:31:17,520 --> 00:31:24,559
public, which I am one, and and not put

682
00:31:21,279 --> 00:31:26,240
roadblocks in our way. I've requested I

683
00:31:24,559 --> 00:31:27,760
know there's a lot of reading on this.

684
00:31:26,240 --> 00:31:29,120
I've requested many meetings, many

685
00:31:27,760 --> 00:31:30,799
things I wanted to get before the board

686
00:31:29,120 --> 00:31:33,440
because I wanted to explain to the board

687
00:31:30,799 --> 00:31:35,919
exactly what happened. And I saw the

688
00:31:33,440 --> 00:31:38,640
email that David sent uh I think it was

689
00:31:35,919 --> 00:31:41,200
the 28th that was to the board for their

690
00:31:38,640 --> 00:31:43,039
their review. I totally disagree with

691
00:31:41,200 --> 00:31:46,880
his assessment and I'll get into that

692
00:31:43,039 --> 00:31:48,880
later. The June June 30th, 2026 response

693
00:31:46,880 --> 00:31:51,919
was David that he will review the

694
00:31:48,880 --> 00:31:54,000
revised plans. So June 30th, 2026, he

695
00:31:51,919 --> 00:31:56,480
had the revised plans for over a week.

696
00:31:54,000 --> 00:31:57,919
Hadn't reviewed them. Miraculously, they

697
00:31:56,480 --> 00:32:00,320
were never sent out to the inter office

698
00:31:57,919 --> 00:32:01,679
departments until the 25th of August.

699
00:32:00,320 --> 00:32:03,039
That's why some of these are pending.

700
00:32:01,679 --> 00:32:04,720
That's why the police department hasn't

701
00:32:03,039 --> 00:32:08,200
been finalized, but they will all be

702
00:32:04,720 --> 00:32:08,200
finalized shortly.

703
00:32:09,120 --> 00:32:12,159
Okay. Again, I want to clear up some of

704
00:32:10,720 --> 00:32:14,000
the inaccuracy stated in the city

705
00:32:12,159 --> 00:32:15,760
planners administrative summary dated

706
00:32:14,000 --> 00:32:17,519
82826.

707
00:32:15,760 --> 00:32:19,279
The notice of violation is no longer in

708
00:32:17,519 --> 00:32:20,799
effect. Even though it was in his

709
00:32:19,279 --> 00:32:21,840
letter, he stated that the notice of

710
00:32:20,799 --> 00:32:24,559
violation was still there. It's been

711
00:32:21,840 --> 00:32:26,320
cleared up and it's been rescended.

712
00:32:24,559 --> 00:32:31,840
concerns number one, two, three, and

713
00:32:26,320 --> 00:32:33,919
seven in his 2020 uh 828 letter. Um I'm

714
00:32:31,840 --> 00:32:37,200
not asking for any waiverss in these

715
00:32:33,919 --> 00:32:38,640
sections. It's very clear section 1.14

716
00:32:37,200 --> 00:32:41,600
landscaping screening and buffer

717
00:32:38,640 --> 00:32:43,200
standards standard areas. These were

718
00:32:41,600 --> 00:32:45,360
addressed. The board may allow an

719
00:32:43,200 --> 00:32:47,360
alternative plan and I'm talking about

720
00:32:45,360 --> 00:32:49,360
specifically the buffer strip right now

721
00:32:47,360 --> 00:32:51,600
if it meets or exceeds the standard that

722
00:32:49,360 --> 00:32:54,080
the city's looking at. If you look at

723
00:32:51,600 --> 00:32:56,080
and you can go back to the the the the

724
00:32:54,080 --> 00:32:58,799
minutes from the inland wetlands. The

725
00:32:56,080 --> 00:33:00,720
inland wetlands were so so impressed by

726
00:32:58,799 --> 00:33:01,919
the the landscaping plan we had. They

727
00:33:00,720 --> 00:33:05,200
commented it was one of the best plans

728
00:33:01,919 --> 00:33:06,960
we ever seen. Then we go to section 1.4

729
00:33:05,200 --> 00:33:09,600
landscaping and buffer strips in regards

730
00:33:06,960 --> 00:33:12,720
to the presence of

731
00:33:09,600 --> 00:33:16,399
um parking requirements. And again the

732
00:33:12,720 --> 00:33:18,559
board at its discretion can have an

733
00:33:16,399 --> 00:33:20,000
alternate plan that it meets or exceeds

734
00:33:18,559 --> 00:33:23,519
the standards. And I believe our plan

735
00:33:20,000 --> 00:33:26,320
meets and exceeds the standards.

736
00:33:23,519 --> 00:33:29,279
Um David mentioned

737
00:33:26,320 --> 00:33:31,279
number uh four which was a landscape

738
00:33:29,279 --> 00:33:33,919
architect. I asked him on multiple

739
00:33:31,279 --> 00:33:36,159
emails to confirm there's conflicting um

740
00:33:33,919 --> 00:33:39,919
regulations in your guys regulations for

741
00:33:36,159 --> 00:33:42,000
this. One allows uh a structural or

742
00:33:39,919 --> 00:33:45,360
landscape architect to sign off and

743
00:33:42,000 --> 00:33:47,519
another one allows uh an engineer, an

744
00:33:45,360 --> 00:33:49,039
architect or a landscape architect for a

745
00:33:47,519 --> 00:33:50,720
month. I've asked but he received that

746
00:33:49,039 --> 00:33:53,760
today. So number four has been cleared

747
00:33:50,720 --> 00:33:57,600
up. Number five and number six were in

748
00:33:53,760 --> 00:34:00,320
the plans from uh July 15th.

749
00:33:57,600 --> 00:34:02,159
Um number eight a little concerning.

750
00:34:00,320 --> 00:34:06,000
They asked for EV parking which we put

751
00:34:02,159 --> 00:34:08,560
in in in uh July 15th. Then at the 11th

752
00:34:06,000 --> 00:34:09,760
hour he wants to know the the actual

753
00:34:08,560 --> 00:34:11,200
make and model and how the

754
00:34:09,760 --> 00:34:13,839
infrastructure it shows it right on the

755
00:34:11,200 --> 00:34:16,800
plans. There's 11 part EV chargers with

756
00:34:13,839 --> 00:34:19,119
chargers there.

757
00:34:16,800 --> 00:34:21,440
It's extremely interesting and I'll say

758
00:34:19,119 --> 00:34:23,599
this that David has had a full set of

759
00:34:21,440 --> 00:34:25,359
plans since July 28th. Yet he did not

760
00:34:23,599 --> 00:34:27,119
submit all the documents until August

761
00:34:25,359 --> 00:34:29,280
25th.

762
00:34:27,119 --> 00:34:30,800
That was only after I called the mayor

763
00:34:29,280 --> 00:34:33,440
multiple times insisting I get before

764
00:34:30,800 --> 00:34:35,119
the board.

765
00:34:33,440 --> 00:34:36,639
And I will ask you why do you think that

766
00:34:35,119 --> 00:34:38,320
was? These revised plans were very

767
00:34:36,639 --> 00:34:41,119
simple modifications. The original plans

768
00:34:38,320 --> 00:34:43,119
we submitted on July 2nd were he asked

769
00:34:41,119 --> 00:34:45,919
for the EV chargers to be located which

770
00:34:43,119 --> 00:34:50,280
we did and he asked for a planting bed

771
00:34:45,919 --> 00:34:50,280
to be moved which we did.

772
00:34:55,599 --> 00:35:01,680
The only thing I will be asking for in a

773
00:34:57,920 --> 00:35:04,720
waiver to this board tonight is section

774
00:35:01,680 --> 00:35:07,760
5.1.8 8 and he mentions it in his letter

775
00:35:04,720 --> 00:35:10,640
from 828 and that's regards to the board

776
00:35:07,760 --> 00:35:12,960
has it as its discretion the right to

777
00:35:10,640 --> 00:35:15,760
make adjustments to parking if if it

778
00:35:12,960 --> 00:35:18,320
doesn't meet all the needs. It can it

779
00:35:15,760 --> 00:35:20,240
can make the judgment that multiple uses

780
00:35:18,320 --> 00:35:21,359
have overlap and sometimes they don't.

781
00:35:20,240 --> 00:35:25,640
And that's the section that I'm

782
00:35:21,359 --> 00:35:25,640
referring to. Um

783
00:35:27,200 --> 00:35:30,079
and let me just read it to you. Subject

784
00:35:28,800 --> 00:35:32,240
to the site plan review in accordance

785
00:35:30,079 --> 00:35:34,000
with article 7 here approve the joint

786
00:35:32,240 --> 00:35:36,160
use of space by two or more

787
00:35:34,000 --> 00:35:38,000
establishments on the same lot where the

788
00:35:36,160 --> 00:35:40,160
total capacity of such spaces less than

789
00:35:38,000 --> 00:35:42,400
the sum of the spaces required for each

790
00:35:40,160 --> 00:35:45,040
use provided the board finds a capacity

791
00:35:42,400 --> 00:35:46,880
to be provided will substantially meet

792
00:35:45,040 --> 00:35:48,640
the intent of the requirements for

793
00:35:46,880 --> 00:35:50,720
reasons of variation in the probable

794
00:35:48,640 --> 00:35:53,200
time of maximum use by the patrons or

795
00:35:50,720 --> 00:35:55,680
employees. So let me just give you an

796
00:35:53,200 --> 00:35:57,839
example. So we've been running a batting

797
00:35:55,680 --> 00:35:59,359
cage. It's it's run by uh three members

798
00:35:57,839 --> 00:36:02,160
Milford residents that first-time

799
00:35:59,359 --> 00:36:04,320
business owners and they it's it's for

800
00:36:02,160 --> 00:36:05,920
young children to come in and practice.

801
00:36:04,320 --> 00:36:07,200
It's been very very successful. But what

802
00:36:05,920 --> 00:36:08,720
we've learned during this time while

803
00:36:07,200 --> 00:36:10,960
they've been running it, it's really a

804
00:36:08,720 --> 00:36:12,560
drop off process. Parents don't stay. So

805
00:36:10,960 --> 00:36:14,160
we believe that the parking that we show

806
00:36:12,560 --> 00:36:16,480
on the plans, we're going to ask for a

807
00:36:14,160 --> 00:36:20,400
modification to go to 85 parking spaces

808
00:36:16,480 --> 00:36:22,240
instead of 102 that's required. Now, we

809
00:36:20,400 --> 00:36:23,680
think it makes sense because the prop

810
00:36:22,240 --> 00:36:25,359
the business owner is going to that owns

811
00:36:23,680 --> 00:36:27,280
the batting cage is also interested in

812
00:36:25,359 --> 00:36:29,040
owning the athletic training facility

813
00:36:27,280 --> 00:36:30,800
that's right next to it, which is 10,000

814
00:36:29,040 --> 00:36:32,560
square ft. We believe that the

815
00:36:30,800 --> 00:36:35,839
requirements should be substantially

816
00:36:32,560 --> 00:36:38,000
reduced on that from 40 to about 32. And

817
00:36:35,839 --> 00:36:40,160
the elite gym, which was originally 29,

818
00:36:38,000 --> 00:36:42,560
we think it should be more like 15 or 16

819
00:36:40,160 --> 00:36:45,440
because of, again, it's a drop off. the

820
00:36:42,560 --> 00:36:47,599
elite gym. Most gyms they look for 125

821
00:36:45,440 --> 00:36:49,599
square feet per parking space, but the

822
00:36:47,599 --> 00:36:50,880
gym there is individual training. So

823
00:36:49,599 --> 00:36:53,040
there's no more than eight or nine

824
00:36:50,880 --> 00:36:54,880
people there at a time. It literally

825
00:36:53,040 --> 00:36:56,320
training with each other. So there's not

826
00:36:54,880 --> 00:36:58,000
a need for parking. Plus, we're going to

827
00:36:56,320 --> 00:36:59,119
have the way they're going to work it.

828
00:36:58,000 --> 00:37:00,800
We're going to overlap and make sure

829
00:36:59,119 --> 00:37:03,040
that people don't fight, you know, get

830
00:37:00,800 --> 00:37:04,880
get into a problem with it. So this

831
00:37:03,040 --> 00:37:07,280
project is very important to us and to

832
00:37:04,880 --> 00:37:09,839
the city. An example, when we bought the

833
00:37:07,280 --> 00:37:11,200
property in in April of 2025, within a

834
00:37:09,839 --> 00:37:12,640
month and a half, we had an individual

835
00:37:11,200 --> 00:37:14,720
approach us that wanted to double what

836
00:37:12,640 --> 00:37:16,800
we paid for it and they wanted to do a

837
00:37:14,720 --> 00:37:18,480
different project. We want we didn't

838
00:37:16,800 --> 00:37:19,680
want to do that. We wanted to bring a

839
00:37:18,480 --> 00:37:21,200
project that brought new business to

840
00:37:19,680 --> 00:37:22,560
Devon. I'm very excited. Anyone that

841
00:37:21,200 --> 00:37:24,480
knows me knows I'm very involved with

842
00:37:22,560 --> 00:37:25,680
the Devon community and we've been

843
00:37:24,480 --> 00:37:28,160
working down there for a number of

844
00:37:25,680 --> 00:37:30,240
years. So, it will bring five businesses

845
00:37:28,160 --> 00:37:32,640
to Devon, a mental health clinic, an

846
00:37:30,240 --> 00:37:34,240
elite gym gym that trains one-on-one, a

847
00:37:32,640 --> 00:37:36,480
youth batting cage that is needed in

848
00:37:34,240 --> 00:37:39,280
Milford owned by first-time business

849
00:37:36,480 --> 00:37:41,760
owners, an indoor soccer, baseball, our

850
00:37:39,280 --> 00:37:44,000
basketball and lacrosse facility, a

851
00:37:41,760 --> 00:37:47,040
small local glass company. Our goal has

852
00:37:44,000 --> 00:37:48,640
always our goal always in the project is

853
00:37:47,040 --> 00:37:50,160
to be carbon neutral. Most people don't

854
00:37:48,640 --> 00:37:52,960
talk about this, but my partner and I

855
00:37:50,160 --> 00:37:54,320
spent over $100,000 in insulating

856
00:37:52,960 --> 00:37:56,320
underneath of the building along with

857
00:37:54,320 --> 00:37:58,000
the roof so that we have a better R

858
00:37:56,320 --> 00:37:59,920
value in the building. We put high

859
00:37:58,000 --> 00:38:01,920
efficiency gas furnaces on it, a brand

860
00:37:59,920 --> 00:38:03,520
new roof, and we're looking once we get

861
00:38:01,920 --> 00:38:05,440
use after a year, we're looking to put

862
00:38:03,520 --> 00:38:07,280
solar on the building. So, we want to

863
00:38:05,440 --> 00:38:10,280
actually be carbon neutral on this

864
00:38:07,280 --> 00:38:10,280
project.

865
00:38:10,880 --> 00:38:14,960
We're also we're also what most people

866
00:38:13,520 --> 00:38:16,480
don't understand is like our last

867
00:38:14,960 --> 00:38:18,720
project that we did which was 460

868
00:38:16,480 --> 00:38:19,920
Noagata took a we put cultured stone in

869
00:38:18,720 --> 00:38:21,680
the front. We're planning on doing that.

870
00:38:19,920 --> 00:38:23,680
That's another $30,000. We're not

871
00:38:21,680 --> 00:38:25,119
looking to we're good neighbors. We care

872
00:38:23,680 --> 00:38:28,640
about it. We've been there since April

873
00:38:25,119 --> 00:38:29,920
of 2025. We've had no issues. Um, none

874
00:38:28,640 --> 00:38:31,599
of the residents have complained and

875
00:38:29,920 --> 00:38:33,680
actually the resident on the next to it,

876
00:38:31,599 --> 00:38:35,920
one of the David mentions in his

877
00:38:33,680 --> 00:38:37,440
violation or or lack of zoning

878
00:38:35,920 --> 00:38:39,359
compliance, which I totally disagree

879
00:38:37,440 --> 00:38:40,960
with, is that we have an encroachment.

880
00:38:39,359 --> 00:38:43,119
The regs are more for the encroachment

881
00:38:40,960 --> 00:38:45,359
when the property owner encroaches in a

882
00:38:43,119 --> 00:38:46,880
residential area. The woman in question

883
00:38:45,359 --> 00:38:48,800
who sent a letter to the mayor, and I'm

884
00:38:46,880 --> 00:38:50,560
happy to provide it to the board, asks,

885
00:38:48,800 --> 00:38:52,640
she has a a driveway that encroaches

886
00:38:50,560 --> 00:38:54,640
onto our property. She's taking care of

887
00:38:52,640 --> 00:38:56,640
an elderly resident. She is encroaching

888
00:38:54,640 --> 00:38:58,079
onto our property. I understand that. I

889
00:38:56,640 --> 00:38:59,760
want to be a good neighbor. I don't want

890
00:38:58,079 --> 00:39:01,440
to rip her driveway out. And I put a

891
00:38:59,760 --> 00:39:03,040
letter to David or an email to David

892
00:39:01,440 --> 00:39:04,720
asking, "Do you want me to rip the

893
00:39:03,040 --> 00:39:06,720
driveway out? Because I will, but I

894
00:39:04,720 --> 00:39:08,320
prefer not to." Well, long and short,

895
00:39:06,720 --> 00:39:10,079
she sent a letter to the mayor, and I'm

896
00:39:08,320 --> 00:39:11,520
asking the board to consider this. It's

897
00:39:10,079 --> 00:39:13,839
not me encroaching on her. She's

898
00:39:11,520 --> 00:39:14,960
encroaching on us. So, we don't want to

899
00:39:13,839 --> 00:39:16,160
rip her drive off. She's taking care of

900
00:39:14,960 --> 00:39:19,040
an elderly person, and there's not

901
00:39:16,160 --> 00:39:22,000
enough parking in front.

902
00:39:19,040 --> 00:39:23,920
I think that's about it, unless uh

903
00:39:22,000 --> 00:39:25,440
someone has a question or concern. the

904
00:39:23,920 --> 00:39:27,680
documentation's in the back of

905
00:39:25,440 --> 00:39:30,960
everything will go through. Here's an

906
00:39:27,680 --> 00:39:33,280
example. If you flip to the colored

907
00:39:30,960 --> 00:39:35,440
chart where the different parking areas,

908
00:39:33,280 --> 00:39:36,480
so a letter came in, and I got to be

909
00:39:35,440 --> 00:39:39,119
honest with you, I've been working for

910
00:39:36,480 --> 00:39:41,359
this city for I don't know 12 plus

911
00:39:39,119 --> 00:39:44,079
years, and I've never had Deep respond

912
00:39:41,359 --> 00:39:45,520
in six days in my life. But David

913
00:39:44,079 --> 00:39:47,440
somehow got someone to respond up in

914
00:39:45,520 --> 00:39:49,280
Deep to say there's a concern. I

915
00:39:47,440 --> 00:39:50,800
highlighted the concern. I'm going to

916
00:39:49,280 --> 00:39:52,640
eliminate the parking even though the

917
00:39:50,800 --> 00:39:54,720
existing parking went five or eight feet

918
00:39:52,640 --> 00:39:56,240
past where they're talking about and

919
00:39:54,720 --> 00:39:58,640
that will eliminate the concern with

920
00:39:56,240 --> 00:40:00,320
with deep. What I'm looking to do is

921
00:39:58,640 --> 00:40:02,640
there's three separate phases on this.

922
00:40:00,320 --> 00:40:04,400
The first phase, phase one is 50 parking

923
00:40:02,640 --> 00:40:05,520
parking spaces. I greatly appreciate if

924
00:40:04,400 --> 00:40:07,119
the board would consider at least

925
00:40:05,520 --> 00:40:09,920
approving that. I'd like to approve the

926
00:40:07,119 --> 00:40:11,200
whole thing, but the 50 parking spaces

927
00:40:09,920 --> 00:40:12,800
so I can get the mental health clinic

928
00:40:11,200 --> 00:40:15,119
open which has already been permitted. I

929
00:40:12,800 --> 00:40:17,440
already have a co for it and I already

930
00:40:15,119 --> 00:40:19,680
have uh they just need some more parking

931
00:40:17,440 --> 00:40:21,680
for this mental health clinic. And then

932
00:40:19,680 --> 00:40:23,520
the second phase you'll see and then the

933
00:40:21,680 --> 00:40:25,760
third phase and I probably will be

934
00:40:23,520 --> 00:40:27,119
coming back before you to adjust some of

935
00:40:25,760 --> 00:40:29,440
the landscaping plans to be honest with

936
00:40:27,119 --> 00:40:31,520
you once I get the solar involved. The

937
00:40:29,440 --> 00:40:33,359
the the landscape regulations are a

938
00:40:31,520 --> 00:40:35,280
great regulation but if you want to put

939
00:40:33,359 --> 00:40:37,200
solar on a roof I can't shade the roof.

940
00:40:35,280 --> 00:40:39,359
It's it's counterproductive to what we

941
00:40:37,200 --> 00:40:41,040
want to do. So, we'll probably be coming

942
00:40:39,359 --> 00:40:42,640
back from for you and I'm happy to put

943
00:40:41,040 --> 00:40:43,680
another bond in to prove that we're not

944
00:40:42,640 --> 00:40:45,440
going to run anywhere. We're not going

945
00:40:43,680 --> 00:40:47,280
to do anything bad. We're just trying to

946
00:40:45,440 --> 00:40:51,240
get it so that we can opened up this

947
00:40:47,280 --> 00:40:51,240
this business for these people.

948
00:40:52,560 --> 00:40:56,640
» Okay. Thank you. David, if you would

949
00:40:54,560 --> 00:40:58,960
give an overview before we open up for

950
00:40:56,640 --> 00:41:00,319
questions.

951
00:40:58,960 --> 00:41:02,160
» Sure. I just want to [clears throat]

952
00:41:00,319 --> 00:41:05,839
address a few things before I read my

953
00:41:02,160 --> 00:41:09,119
report. Um you heard a lot about uh me

954
00:41:05,839 --> 00:41:12,319
not circulating the plans till u the uh

955
00:41:09,119 --> 00:41:14,800
the later in August. Uh that is true

956
00:41:12,319 --> 00:41:17,440
because it has been our custom in

957
00:41:14,800 --> 00:41:20,880
practice uh to not circulate plans

958
00:41:17,440 --> 00:41:23,599
unless uh plans uh and applications are

959
00:41:20,880 --> 00:41:26,400
zoning compliant. Uh this one was not

960
00:41:23,599 --> 00:41:29,359
zoning compliant. It was not circulated.

961
00:41:26,400 --> 00:41:31,920
But at the insistence of the applicant

962
00:41:29,359 --> 00:41:34,079
wanting to come before you, I circulated

963
00:41:31,920 --> 00:41:36,240
it. So that's number one. Number two,

964
00:41:34,079 --> 00:41:39,040
you heard about EV chargers. The

965
00:41:36,240 --> 00:41:41,200
regulations are very clear about what EV

966
00:41:39,040 --> 00:41:43,520
chargers are and that information has to

967
00:41:41,200 --> 00:41:45,760
be in the plans. Is it a level two? Is

968
00:41:43,520 --> 00:41:48,160
it a level three charger? If so, that

969
00:41:45,760 --> 00:41:50,720
has to be specified and you have to show

970
00:41:48,160 --> 00:41:52,640
all the conduits and everything to prove

971
00:41:50,720 --> 00:41:55,280
that in fact it's a level two or level

972
00:41:52,640 --> 00:41:58,319
three. And that's not done. The dumpster

973
00:41:55,280 --> 00:42:00,640
enclosure, the dumpster enclosure, a

974
00:41:58,319 --> 00:42:03,599
version of it, yes, is in the plans, not

975
00:42:00,640 --> 00:42:06,000
zoning compliant. The the regulations

976
00:42:03,599 --> 00:42:07,599
specifically, uh, require that that

977
00:42:06,000 --> 00:42:09,040
dumpster enclosure has to mimic the

978
00:42:07,599 --> 00:42:12,079
architecture of the building, and it

979
00:42:09,040 --> 00:42:13,920
doesn't. The parking lot coverage, we

980
00:42:12,079 --> 00:42:15,760
heard, oh, this is just redoing

981
00:42:13,920 --> 00:42:18,400
something that's there. Well, when we

982
00:42:15,760 --> 00:42:21,599
look at the board here, we see their uh

983
00:42:18,400 --> 00:42:23,839
survey before the uh the the

984
00:42:21,599 --> 00:42:25,839
construction. Um, this is the parking

985
00:42:23,839 --> 00:42:27,920
area here and it comes around the

986
00:42:25,839 --> 00:42:30,640
building and the asphalt just sort of

987
00:42:27,920 --> 00:42:33,920
stops here. There's no organized parking

988
00:42:30,640 --> 00:42:37,119
and this is what was there when he

989
00:42:33,920 --> 00:42:40,000
purchased the building. And we will look

990
00:42:37,119 --> 00:42:42,319
at what he would like to do. Well, what

991
00:42:40,000 --> 00:42:44,880
he's in the process of doing is he's

992
00:42:42,319 --> 00:42:48,319
creating this two totally different

993
00:42:44,880 --> 00:42:51,359
parking lots. So, you need to know that.

994
00:42:48,319 --> 00:42:53,839
Um, he brought up the Elite Gym. The

995
00:42:51,359 --> 00:42:56,160
elite gym is a special exception use

996
00:42:53,839 --> 00:42:59,599
that has not sought a special exception

997
00:42:56,160 --> 00:43:02,240
yet from this board. We did work with uh

998
00:42:59,599 --> 00:43:04,240
uh Chris and the applicant uh because

999
00:43:02,240 --> 00:43:07,680
Chris put the guy in without any

1000
00:43:04,240 --> 00:43:10,480
permits. Um, and we felt bad actually

1001
00:43:07,680 --> 00:43:13,280
for him. And the agreement was that he

1002
00:43:10,480 --> 00:43:15,760
would have one-on-one training until

1003
00:43:13,280 --> 00:43:17,520
this issue is adjudicated and we would

1004
00:43:15,760 --> 00:43:19,839
figure out what we have for parking in

1005
00:43:17,520 --> 00:43:22,079
the end and then he could come in for

1006
00:43:19,839 --> 00:43:24,240
his special exception because his

1007
00:43:22,079 --> 00:43:25,839
one-on-one training also includes team

1008
00:43:24,240 --> 00:43:30,440
training.

1009
00:43:25,839 --> 00:43:30,440
Uh, let's see what else. Uh

1010
00:43:31,839 --> 00:43:36,319
oh. The um bonds that you keep hearing

1011
00:43:34,640 --> 00:43:38,480
about um have nothing to do with

1012
00:43:36,319 --> 00:43:41,680
planning and zoning. Those are wetland

1013
00:43:38,480 --> 00:43:43,359
bonds. Um and any approvals and how

1014
00:43:41,680 --> 00:43:46,319
great the landscaping is and this and

1015
00:43:43,359 --> 00:43:48,800
that is strictly related to uh the

1016
00:43:46,319 --> 00:43:51,359
issues uh from the initial wetlands

1017
00:43:48,800 --> 00:43:53,839
violation uh that brought him to the

1018
00:43:51,359 --> 00:43:55,520
wetlands board. Having said all that, I

1019
00:43:53,839 --> 00:43:58,480
will now read to you my administrative

1020
00:43:55,520 --> 00:43:58,480
summary.

1021
00:43:59,025 --> 00:44:01,920
» [sighs]

1022
00:43:59,839 --> 00:44:04,160
» Okay.

1023
00:44:01,920 --> 00:44:05,599
The applicants Chris Sy and Rick Jerzik

1024
00:44:04,160 --> 00:44:07,680
have applied for a coastal area

1025
00:44:05,599 --> 00:44:09,280
management and site plan review to

1026
00:44:07,680 --> 00:44:11,520
expand the parking lot around an

1027
00:44:09,280 --> 00:44:13,440
existing former warehouse building that

1028
00:44:11,520 --> 00:44:15,520
is currently being converted into a

1029
00:44:13,440 --> 00:44:17,920
multi-tenant building containing

1030
00:44:15,520 --> 00:44:20,880
potential as of right and currently one

1031
00:44:17,920 --> 00:44:23,040
special exception use. The expansion of

1032
00:44:20,880 --> 00:44:26,000
the parking lot began without proper

1033
00:44:23,040 --> 00:44:28,160
approvals and permits being in place.

1034
00:44:26,000 --> 00:44:31,040
Work has been suspended since a notice

1035
00:44:28,160 --> 00:44:33,760
of violation was issued on June 4th,

1036
00:44:31,040 --> 00:44:36,240
2026. While the CAM and site plan

1037
00:44:33,760 --> 00:44:37,839
approvals are being sought, plans

1038
00:44:36,240 --> 00:44:40,800
submitted to the board are required to

1039
00:44:37,839 --> 00:44:43,839
be certified by me uh as zoning

1040
00:44:40,800 --> 00:44:46,319
compliant under section 7.1.1

1041
00:44:43,839 --> 00:44:48,319
of the zoning regulations. As of this

1042
00:44:46,319 --> 00:44:50,240
writing, the plans are not zoning

1043
00:44:48,319 --> 00:44:52,240
compliant and therefore cannot be

1044
00:44:50,240 --> 00:44:54,079
certified.

1045
00:44:52,240 --> 00:44:56,880
The application has been brought before

1046
00:44:54,079 --> 00:44:58,800
you on the demand of Mr. Sy who believes

1047
00:44:56,880 --> 00:45:03,240
that the board can wave any of its

1048
00:44:58,800 --> 00:45:03,240
regulations under section 7.1.35

1049
00:45:03,359 --> 00:45:07,760
of the zoning regulations and therefore

1050
00:45:05,200 --> 00:45:10,319
the plan as submitted can be made zoning

1051
00:45:07,760 --> 00:45:11,920
compliant by action of this board. This

1052
00:45:10,319 --> 00:45:14,560
is a misinterpretation of the

1053
00:45:11,920 --> 00:45:16,480
regulations. I advise the applicants

1054
00:45:14,560 --> 00:45:19,520
that their interpretation of the waiver

1055
00:45:16,480 --> 00:45:21,440
provisions uh are incorrect.

1056
00:45:19,520 --> 00:45:24,319
Their disagreement led to an impass that

1057
00:45:21,440 --> 00:45:27,200
apparently only the board can resolve.

1058
00:45:24,319 --> 00:45:29,680
In my tenure serving this board, section

1059
00:45:27,200 --> 00:45:31,920
7.1.3.15

1060
00:45:29,680 --> 00:45:33,920
was never interpreted to wave any zoning

1061
00:45:31,920 --> 00:45:36,319
regulations because the board cannot

1062
00:45:33,920 --> 00:45:38,480
legally wave its regulations without

1063
00:45:36,319 --> 00:45:41,119
specific authority.

1064
00:45:38,480 --> 00:45:42,800
The only board that can vary or wave a

1065
00:45:41,119 --> 00:45:44,560
regulation is the zoning board of

1066
00:45:42,800 --> 00:45:48,160
appeals.

1067
00:45:44,560 --> 00:45:50,319
In my experience, section 7.1.315

1068
00:45:48,160 --> 00:45:52,400
has always been interpreted as giving

1069
00:45:50,319 --> 00:45:55,280
the board and its executive secretary

1070
00:45:52,400 --> 00:45:58,079
the ability to wave certain requirements

1071
00:45:55,280 --> 00:46:01,599
of section 7.1 when reviewing

1072
00:45:58,079 --> 00:46:03,599
submissions for zoning compliance.

1073
00:46:01,599 --> 00:46:05,599
Section 7.3

1074
00:46:03,599 --> 00:46:08,160
7.1.3.15

1075
00:46:05,599 --> 00:46:10,319
waivers. The board may wave subject to

1076
00:46:08,160 --> 00:46:13,680
appropriate conditions such requirements

1077
00:46:10,319 --> 00:46:15,920
of this section 7.1 and the standard

1078
00:46:13,680 --> 00:46:18,560
standards as set forth in regulations

1079
00:46:15,920 --> 00:46:20,960
governing uses requiring site plan

1080
00:46:18,560 --> 00:46:22,800
reviews as in its judgment of the

1081
00:46:20,960 --> 00:46:25,359
special circumstances and conditions

1082
00:46:22,800 --> 00:46:27,200
relating to a particular application are

1083
00:46:25,359 --> 00:46:28,960
not requisite in the interest of the

1084
00:46:27,200 --> 00:46:30,880
public health, safety and general

1085
00:46:28,960 --> 00:46:33,119
welfare.

1086
00:46:30,880 --> 00:46:35,839
When making its determination as to the

1087
00:46:33,119 --> 00:46:37,920
extent of variation from standards set

1088
00:46:35,839 --> 00:46:40,079
forth in these regulations, the board

1089
00:46:37,920 --> 00:46:42,079
shall take into consideration the

1090
00:46:40,079 --> 00:46:43,760
perspective character of the use, the

1091
00:46:42,079 --> 00:46:45,359
interests of the city as a whole, and

1092
00:46:43,760 --> 00:46:47,440
the purpose and intent of these

1093
00:46:45,359 --> 00:46:50,240
regulations.

1094
00:46:47,440 --> 00:46:52,560
The most in the most common example of

1095
00:46:50,240 --> 00:46:55,440
waved requirements of a use subject to

1096
00:46:52,560 --> 00:46:57,839
section section 7.1 is the single family

1097
00:46:55,440 --> 00:47:00,560
dwelling coastal area management review,

1098
00:46:57,839 --> 00:47:03,520
which you heard many of this evening.

1099
00:47:00,560 --> 00:47:06,079
For a single family uh dwelling uh CAM

1100
00:47:03,520 --> 00:47:09,200
application, staff routinely waves in

1101
00:47:06,079 --> 00:47:10,960
accordance with section 7.1.315

1102
00:47:09,200 --> 00:47:13,839
the requirement for a traffic study

1103
00:47:10,960 --> 00:47:15,680
under section 7.1.3.2,

1104
00:47:13,839 --> 00:47:18,560
parking and circulation studies under

1105
00:47:15,680 --> 00:47:21,119
section 7.1.3

1106
00:47:18,560 --> 00:47:23,920
and 7.1.34

1107
00:47:21,119 --> 00:47:25,839
and illumination under section 7.1.3

1108
00:47:23,920 --> 00:47:28,640
etc. because they are not gerine to a

1109
00:47:25,839 --> 00:47:31,040
single family cam application.

1110
00:47:28,640 --> 00:47:32,800
The board does have dis some discretion

1111
00:47:31,040 --> 00:47:35,440
in choosing a standard in certain

1112
00:47:32,800 --> 00:47:37,359
circumstances with the most common being

1113
00:47:35,440 --> 00:47:39,359
the finding of parking adequacy for

1114
00:47:37,359 --> 00:47:43,599
multiple uses sharing the same parking

1115
00:47:39,359 --> 00:47:46,560
spaces in section 5.1 uh.8 and

1116
00:47:43,599 --> 00:47:49,920
alternative plans for landscaping within

1117
00:47:46,560 --> 00:47:52,480
parking lots under section 514.6

1118
00:47:49,920 --> 00:47:54,960
subsection 2.

1119
00:47:52,480 --> 00:47:57,119
The following issues were identified uh

1120
00:47:54,960 --> 00:47:59,599
with submitted plans that did not allow

1121
00:47:57,119 --> 00:48:01,359
me to certify the submission as zoning

1122
00:47:59,599 --> 00:48:03,920
compliant.

1123
00:48:01,359 --> 00:48:05,520
One, uh provide 5-ft planting buffers

1124
00:48:03,920 --> 00:48:08,560
around the exterior of the building in

1125
00:48:05,520 --> 00:48:11,359
accordance with section 5.14.6

1126
00:48:08,560 --> 00:48:12,560
only partially provided. Uh the response

1127
00:48:11,359 --> 00:48:14,240
from the applicant is that the

1128
00:48:12,560 --> 00:48:16,000
requirement can be waved as part of an

1129
00:48:14,240 --> 00:48:18,480
alternate landscaping plan for the

1130
00:48:16,000 --> 00:48:20,240
parking lot. No alternative landscaping

1131
00:48:18,480 --> 00:48:21,839
plan has been provided that demonstrates

1132
00:48:20,240 --> 00:48:24,640
compliance with the provisions of

1133
00:48:21,839 --> 00:48:26,480
section 514.6.

1134
00:48:24,640 --> 00:48:29,359
No reason has been offered as to why the

1135
00:48:26,480 --> 00:48:32,079
board should wave this requirement.

1136
00:48:29,359 --> 00:48:34,160
Removing all encroachment areas labeled

1137
00:48:32,079 --> 00:48:37,599
tarp covered encroachment in the

1138
00:48:34,160 --> 00:48:40,240
residential zone side yard buffer area

1139
00:48:37,599 --> 00:48:42,800
strip. Remove asphalt and fencing

1140
00:48:40,240 --> 00:48:44,720
located in the buffer strip. Why?

1141
00:48:42,800 --> 00:48:46,400
Because a buffer strip is defined in the

1142
00:48:44,720 --> 00:48:48,960
regulations and it can't have structures

1143
00:48:46,400 --> 00:48:50,640
or pavement. The applicants indicated

1144
00:48:48,960 --> 00:48:52,880
that pavement would be removed if

1145
00:48:50,640 --> 00:48:54,960
required, but they did not address any

1146
00:48:52,880 --> 00:48:57,680
of the other encroachments or structures

1147
00:48:54,960 --> 00:48:59,920
within the buffer.

1148
00:48:57,680 --> 00:49:01,520
And I just want to add to that the

1149
00:48:59,920 --> 00:49:04,400
regulations

1150
00:49:01,520 --> 00:49:06,960
call it a buffer. So it's not whether or

1151
00:49:04,400 --> 00:49:08,559
not we want to require removal or not.

1152
00:49:06,960 --> 00:49:10,480
If it's in the buffer, it's got to be

1153
00:49:08,559 --> 00:49:11,920
removed.

1154
00:49:10,480 --> 00:49:15,200
The required buffer along the

1155
00:49:11,920 --> 00:49:16,800
residential zone was compliant at 28 uh

1156
00:49:15,200 --> 00:49:19,680
feet for the construction of the

1157
00:49:16,800 --> 00:49:23,040
existing building and I can if you want

1158
00:49:19,680 --> 00:49:25,760
show you that on the uh survey

1159
00:49:23,040 --> 00:49:28,400
that existed prior to the changes to the

1160
00:49:25,760 --> 00:49:30,559
site. The required buffer along the

1161
00:49:28,400 --> 00:49:31,920
residential zone was compliant for 28 ft

1162
00:49:30,559 --> 00:49:34,240
for the construction of the existing

1163
00:49:31,920 --> 00:49:37,760
building. The proposed parking lot

1164
00:49:34,240 --> 00:49:40,640
expansion reduces the buffer to 15.5 ft

1165
00:49:37,760 --> 00:49:43,280
in one spot. This change does not comply

1166
00:49:40,640 --> 00:49:45,920
with sections 3.10.4.2

1167
00:49:43,280 --> 00:49:48,400
subsection 4 creating a nonconformity

1168
00:49:45,920 --> 00:49:50,000
that needs to be corrected. No reason

1169
00:49:48,400 --> 00:49:52,800
has been offered as to why the board

1170
00:49:50,000 --> 00:49:54,720
should wave this requirement.

1171
00:49:52,800 --> 00:49:56,480
The landscape plan is not zoning

1172
00:49:54,720 --> 00:49:58,240
compliant and will not be reviewed until

1173
00:49:56,480 --> 00:50:02,160
submitted by a licensed landscape

1174
00:49:58,240 --> 00:50:04,000
architect per section 7.1.2.1.

1175
00:50:02,160 --> 00:50:05,920
Applicants stated that certification by

1176
00:50:04,000 --> 00:50:08,559
landscape architect is not required by

1177
00:50:05,920 --> 00:50:10,880
section 7.1.2.1.

1178
00:50:08,559 --> 00:50:13,119
Uh this morning we received basically

1179
00:50:10,880 --> 00:50:14,559
the same plan with uh someone else's

1180
00:50:13,119 --> 00:50:16,880
stamp on it. It's a landscape

1181
00:50:14,559 --> 00:50:19,680
architect's plan. Um it has not been

1182
00:50:16,880 --> 00:50:21,760
reviewed. It was submitted today.

1183
00:50:19,680 --> 00:50:23,680
Uh as said earlier, a dumpster uh

1184
00:50:21,760 --> 00:50:25,680
enclosure compliant with regulation

1185
00:50:23,680 --> 00:50:29,240
section 5.16.4

1186
00:50:25,680 --> 00:50:29,240
is not provided.

1187
00:50:30,480 --> 00:50:35,119
Six. Identify and show elevation views

1188
00:50:33,359 --> 00:50:37,440
of all existing and proposed fencing

1189
00:50:35,119 --> 00:50:39,520
walls and including heights. Applicants

1190
00:50:37,440 --> 00:50:42,000
have not provided uh responsive

1191
00:50:39,520 --> 00:50:44,319
documents. Landscaped islands need to be

1192
00:50:42,000 --> 00:50:46,000
in the area marked spaces 1 to 21.

1193
00:50:44,319 --> 00:50:48,480
Applicants state that the board can wave

1194
00:50:46,000 --> 00:50:50,000
the requirements. See item one above. No

1195
00:50:48,480 --> 00:50:52,400
reason has been offered as to why the

1196
00:50:50,000 --> 00:50:55,680
board should do so. Uh and then again,

1197
00:50:52,400 --> 00:50:58,559
the 10% parking area must be uh EV

1198
00:50:55,680 --> 00:51:00,880
spaces per section 5.1.910.

1199
00:50:58,559 --> 00:51:03,280
EV charger types not indicated. Utility

1200
00:51:00,880 --> 00:51:04,960
infrastructure to EV chargers not shown.

1201
00:51:03,280 --> 00:51:07,280
applicant needs to provide that

1202
00:51:04,960 --> 00:51:09,040
information. For the aforementioned

1203
00:51:07,280 --> 00:51:10,640
reasons, this application does not

1204
00:51:09,040 --> 00:51:13,040
constitute a zoning compliance

1205
00:51:10,640 --> 00:51:14,880
submission. I understand why the

1206
00:51:13,040 --> 00:51:16,960
applicants are pressing this board for a

1207
00:51:14,880 --> 00:51:19,440
decision on this application. They

1208
00:51:16,960 --> 00:51:21,760
urgently want to resume work on the site

1209
00:51:19,440 --> 00:51:23,839
which has been suspended for months.

1210
00:51:21,760 --> 00:51:25,839
However, any urgency created by the

1211
00:51:23,839 --> 00:51:28,400
interruption of work in progress is

1212
00:51:25,839 --> 00:51:30,559
self-created. It should not be a factor

1213
00:51:28,400 --> 00:51:32,880
in a determination to wave the zoning

1214
00:51:30,559 --> 00:51:36,079
regulations if in fact there is even a

1215
00:51:32,880 --> 00:51:37,920
basis in the regulations to do so.

1216
00:51:36,079 --> 00:51:40,640
Therefore, the applicants are seeking to

1217
00:51:37,920 --> 00:51:43,200
bypass the normal compliance process

1218
00:51:40,640 --> 00:51:45,359
that every other applicant hereto for

1219
00:51:43,200 --> 00:51:48,240
has followed before reaching the PNZ

1220
00:51:45,359 --> 00:51:51,920
board and are doing so despite clear and

1221
00:51:48,240 --> 00:51:54,000
consistent advice from staff. Therefore,

1222
00:51:51,920 --> 00:51:55,599
I must advise this board to deny this

1223
00:51:54,000 --> 00:51:58,079
application

1224
00:51:55,599 --> 00:52:00,400
to grant the waiverss the applicants are

1225
00:51:58,079 --> 00:52:02,240
seeking is not consistent with either

1226
00:52:00,400 --> 00:52:05,520
the accurate reading of the zoning

1227
00:52:02,240 --> 00:52:07,599
regulations or past practice. It would

1228
00:52:05,520 --> 00:52:10,480
thwart the purpose and intent of zoning

1229
00:52:07,599 --> 00:52:12,559
regulations. Some interpartal reviews

1230
00:52:10,480 --> 00:52:14,160
are still pending at this uh writing

1231
00:52:12,559 --> 00:52:17,400
should the board allow the application

1232
00:52:14,160 --> 00:52:17,400
to proceed.

1233
00:52:17,599 --> 00:52:21,839
» Thank you. Um,

1234
00:52:19,520 --> 00:52:22,720
» Can I respond to some of those?

1235
00:52:21,839 --> 00:52:25,359
» Sure.

1236
00:52:22,720 --> 00:52:27,280
» I just want to be clear.

1237
00:52:25,359 --> 00:52:30,480
David and I obviously don't agree on a

1238
00:52:27,280 --> 00:52:32,960
lot of things. Um, and one of the things

1239
00:52:30,480 --> 00:52:35,839
I want to be clear on is I am not asking

1240
00:52:32,960 --> 00:52:38,880
for a waiver for the buffer or the

1241
00:52:35,839 --> 00:52:41,280
parking requirements. It's very clear in

1242
00:52:38,880 --> 00:52:43,920
your regulations. It allows an

1243
00:52:41,280 --> 00:52:46,160
alternative plan which I have submitted.

1244
00:52:43,920 --> 00:52:48,640
I've asked for a month and a half for

1245
00:52:46,160 --> 00:52:50,240
David to answer my questions. why I need

1246
00:52:48,640 --> 00:52:51,680
a landscape architect when it's a

1247
00:52:50,240 --> 00:52:53,280
conflicting regulation. There's another

1248
00:52:51,680 --> 00:52:56,079
regulation that says an architect,

1249
00:52:53,280 --> 00:52:57,839
engineer, or a landscape architect to

1250
00:52:56,079 --> 00:52:59,680
look at it. Never responded to that

1251
00:52:57,839 --> 00:53:02,400
question. That's why I'm before the

1252
00:52:59,680 --> 00:53:05,119
board. His lack of response to my basic

1253
00:53:02,400 --> 00:53:07,359
questions. Anytime we have a problem, we

1254
00:53:05,119 --> 00:53:09,520
we address it. Inland Inland Wetlands,

1255
00:53:07,359 --> 00:53:11,119
we had an issue. We addressed it and we

1256
00:53:09,520 --> 00:53:12,880
had the plan approved within a month.

1257
00:53:11,119 --> 00:53:15,040
And I want to be clear, we did not

1258
00:53:12,880 --> 00:53:17,520
expand the parking lot. The parking lot

1259
00:53:15,040 --> 00:53:19,839
as it sits right now was the existing

1260
00:53:17,520 --> 00:53:21,839
parking lot that we reclaimed. It was a

1261
00:53:19,839 --> 00:53:24,559
60 parking space parking lot that was

1262
00:53:21,839 --> 00:53:27,359
there for a manufacturer for 100 years.

1263
00:53:24,559 --> 00:53:29,200
And in hindsight, hindsight's 2020. I

1264
00:53:27,359 --> 00:53:30,800
should have just marked it out and been

1265
00:53:29,200 --> 00:53:32,800
done. But I wanted to put a new parking

1266
00:53:30,800 --> 00:53:34,559
lot that I'll own up to. I made a

1267
00:53:32,800 --> 00:53:36,800
mistake. Getting back to the other

1268
00:53:34,559 --> 00:53:39,760
things, the only thing I'm asking for a

1269
00:53:36,800 --> 00:53:41,599
waiver on is the idea of a parking. And

1270
00:53:39,760 --> 00:53:44,480
he mentions it in his letter. David

1271
00:53:41,599 --> 00:53:46,720
does. and he says the board has a

1272
00:53:44,480 --> 00:53:48,319
discretion in choosing a standard in

1273
00:53:46,720 --> 00:53:51,200
certain circumstances with the most

1274
00:53:48,319 --> 00:53:53,440
common thing but it also has a finding

1275
00:53:51,200 --> 00:53:54,960
of a parking adequacy for multiple uses

1276
00:53:53,440 --> 00:53:57,359
sharing the same parking space that's

1277
00:53:54,960 --> 00:53:59,680
section 5.1.8

1278
00:53:57,359 --> 00:54:01,440
That is what I'm asking for a waiver.

1279
00:53:59,680 --> 00:54:03,119
Everything else is in the zoning regs.

1280
00:54:01,440 --> 00:54:05,040
If you look at this the landscaping

1281
00:54:03,119 --> 00:54:06,720
plan, you'll be like, it says it's

1282
00:54:05,040 --> 00:54:08,559
allowed to put all the landscaping in

1283
00:54:06,720 --> 00:54:10,960
the perimeter of the parking. It's in

1284
00:54:08,559 --> 00:54:13,280
your regulations. Also in your

1285
00:54:10,960 --> 00:54:16,160
regulations, I should be allowed to do

1286
00:54:13,280 --> 00:54:18,079
my drainage work because as long as I

1287
00:54:16,160 --> 00:54:20,559
have city approval, which I do from the

1288
00:54:18,079 --> 00:54:23,040
it's in your regulations. It says as

1289
00:54:20,559 --> 00:54:25,200
long as a city engineer approves the

1290
00:54:23,040 --> 00:54:26,800
plans, which they have been done. And

1291
00:54:25,200 --> 00:54:28,559
and here's the thing. He says it's

1292
00:54:26,800 --> 00:54:30,480
self-imposed. It's not self-imposed.

1293
00:54:28,559 --> 00:54:32,559
We've been working there for a year and

1294
00:54:30,480 --> 00:54:35,359
a half, David. And and the truth be

1295
00:54:32,559 --> 00:54:37,520
told, we went to get a inland wetlands

1296
00:54:35,359 --> 00:54:39,119
permit. We had an issue with something.

1297
00:54:37,520 --> 00:54:41,119
We made a mistake. We own up the

1298
00:54:39,119 --> 00:54:42,800
mistake. We cleared the mistake up. We

1299
00:54:41,119 --> 00:54:44,079
have a number of businesses. Truthfully,

1300
00:54:42,800 --> 00:54:45,359
they're not going to hurt me. They're

1301
00:54:44,079 --> 00:54:47,680
going to hurt a business that wants to

1302
00:54:45,359 --> 00:54:49,680
open mental health. Another one with a

1303
00:54:47,680 --> 00:54:51,760
gym. And we're asking for some

1304
00:54:49,680 --> 00:54:54,000
consideration here. I totally disagree

1305
00:54:51,760 --> 00:54:55,599
with David's statement and this is the

1306
00:54:54,000 --> 00:54:57,520
the blunt truth. Most people are not

1307
00:54:55,599 --> 00:54:59,200
going to get up and speak like I speak

1308
00:54:57,520 --> 00:55:00,880
because they're afraid of retaliation. I

1309
00:54:59,200 --> 00:55:03,599
have multiple emails that you'll see

1310
00:55:00,880 --> 00:55:06,240
that David uses and he twists it. It's

1311
00:55:03,599 --> 00:55:07,920
unbelievable. And all I'm saying is

1312
00:55:06,240 --> 00:55:09,839
these these issues like the dumpster

1313
00:55:07,920 --> 00:55:13,280
enclosure. He says it wasn't there.

1314
00:55:09,839 --> 00:55:15,200
Well, it was submitted on July 15th. Why

1315
00:55:13,280 --> 00:55:17,280
did you not respond and say this is why

1316
00:55:15,200 --> 00:55:19,200
it doesn't meet the regulation? And

1317
00:55:17,280 --> 00:55:21,440
again, the other issue that you bring

1318
00:55:19,200 --> 00:55:23,280
up, the landscape plan, we're not asking

1319
00:55:21,440 --> 00:55:24,559
for a waiver. It's right in your

1320
00:55:23,280 --> 00:55:26,480
regulations. And I cite

1321
00:55:24,559 --> 00:55:27,760
» Yeah. address the board. Don't speak

1322
00:55:26,480 --> 00:55:29,760
directly to David. Okay. Thank you.

1323
00:55:27,760 --> 00:55:32,319
» I apologize. I apologize.

1324
00:55:29,760 --> 00:55:34,480
» It's It's one of the things we're trying

1325
00:55:32,319 --> 00:55:36,800
to help some people to get open. That's

1326
00:55:34,480 --> 00:55:38,240
our biggest thing. We're And he says,

1327
00:55:36,800 --> 00:55:39,599
"We're willing to put up a bond. We're

1328
00:55:38,240 --> 00:55:43,040
willing to do anything that you want us

1329
00:55:39,599 --> 00:55:44,319
to do, but the plan is a beautiful plan.

1330
00:55:43,040 --> 00:55:46,319
It's actually going to improve the

1331
00:55:44,319 --> 00:55:50,240
neighborhood." And in regards to the the

1332
00:55:46,319 --> 00:55:51,839
the the encroachment, I'm very happy to

1333
00:55:50,240 --> 00:55:53,520
knock on that lady's door and tell her I

1334
00:55:51,839 --> 00:55:55,040
got to rip out the asphalt, but I think

1335
00:55:53,520 --> 00:55:58,319
that's the wrong move. I think the board

1336
00:55:55,040 --> 00:56:00,240
has its discretion to allow this. That's

1337
00:55:58,319 --> 00:56:02,799
all. And and I mean, I'm happy to answer

1338
00:56:00,240 --> 00:56:05,520
the other questions, but it's like some

1339
00:56:02,799 --> 00:56:07,359
of this stuff is really, you know, we're

1340
00:56:05,520 --> 00:56:09,680
not asking for waiverss except for

1341
00:56:07,359 --> 00:56:13,040
parking and that's allowed. Everything

1342
00:56:09,680 --> 00:56:14,640
else landscaping buffer parking parking

1343
00:56:13,040 --> 00:56:16,400
landscaping is allowed with an

1344
00:56:14,640 --> 00:56:18,319
alternative plan and that's what we've

1345
00:56:16,400 --> 00:56:20,799
submitted.

1346
00:56:18,319 --> 00:56:24,480
Okay. Um are there any questions from

1347
00:56:20,799 --> 00:56:28,640
the board at this point?

1348
00:56:24,480 --> 00:56:31,599
David um could you we did receive um two

1349
00:56:28,640 --> 00:56:34,559
documents late this afternoon

1350
00:56:31,599 --> 00:56:38,079
uh in an email.

1351
00:56:34,559 --> 00:56:41,319
One was from deep. One was

1352
00:56:38,079 --> 00:56:41,319
I rec

1353
00:56:49,200 --> 00:56:54,319
Yeah. One was from deep. Um and uh they

1354
00:56:52,000 --> 00:56:56,799
had a concern about inconsistency and

1355
00:56:54,319 --> 00:56:58,960
and some of the information and Mr. Sy

1356
00:56:56,799 --> 00:57:00,559
said that uh that covered a particular

1357
00:56:58,960 --> 00:57:03,599
area of the parking lot and he was going

1358
00:57:00,559 --> 00:57:06,640
to eliminate uh some parking spots. I

1359
00:57:03,599 --> 00:57:09,200
would have to go back and look at that

1360
00:57:06,640 --> 00:57:10,720
and see if that is compliant. I mean, as

1361
00:57:09,200 --> 00:57:14,319
I recall the and I can put up the

1362
00:57:10,720 --> 00:57:16,079
letter, it just talked about um uh uh a

1363
00:57:14,319 --> 00:57:17,920
discrepancy between some of the

1364
00:57:16,079 --> 00:57:19,760
information. So, that was one of the

1365
00:57:17,920 --> 00:57:23,440
things today. And then the other thing I

1366
00:57:19,760 --> 00:57:25,920
believe was uh is it a staff report? Let

1367
00:57:23,440 --> 00:57:28,400
me look. Yeah, we got the the inland

1368
00:57:25,920 --> 00:57:30,319
wetlands uh report today. That's that's

1369
00:57:28,400 --> 00:57:33,280
what we got.

1370
00:57:30,319 --> 00:57:36,079
» Okay. So that's our typical

1371
00:57:33,280 --> 00:57:37,920
um procedure is to have this by Friday

1372
00:57:36,079 --> 00:57:40,960
before a Tuesday meeting so we have a

1373
00:57:37,920 --> 00:57:43,200
chance to look at it. Um

1374
00:57:40,960 --> 00:57:45,920
» If if I can if I can be clear the inland

1375
00:57:43,200 --> 00:57:47,599
wetlands was approved on July 1st.

1376
00:57:45,920 --> 00:57:50,000
And yeah, we just got we just got

1377
00:57:47,599 --> 00:57:50,960
something like it was just released

1378
00:57:50,000 --> 00:57:53,920
today

1379
00:57:50,960 --> 00:57:56,480
» For us. And so for the fairness of the

1380
00:57:53,920 --> 00:57:58,319
board to make an adequate decision and a

1381
00:57:56,480 --> 00:58:01,440
fair decision for everybody, it's

1382
00:57:58,319 --> 00:58:03,520
usually we get more time than sometime

1383
00:58:01,440 --> 00:58:08,079
some people may not have even read it at

1384
00:58:03,520 --> 00:58:11,040
this point. Um but uh discussion on on

1385
00:58:08,079 --> 00:58:14,559
maybe looking at this seeing the

1386
00:58:11,040 --> 00:58:18,319
information that we just received some

1387
00:58:14,559 --> 00:58:20,559
in front of us handed out. Um my

1388
00:58:18,319 --> 00:58:23,520
inclination is to consider what's in

1389
00:58:20,559 --> 00:58:26,000
front of us. Give some time between now

1390
00:58:23,520 --> 00:58:29,280
and the next meeting for the applicant

1391
00:58:26,000 --> 00:58:31,680
and staff to

1392
00:58:29,280 --> 00:58:34,799
try to make right anything that they

1393
00:58:31,680 --> 00:58:36,880
differ on and come up with something

1394
00:58:34,799 --> 00:58:39,520
that is

1395
00:58:36,880 --> 00:58:41,920
less adversarial. It puts us in a very

1396
00:58:39,520 --> 00:58:44,400
difficult position because there's two

1397
00:58:41,920 --> 00:58:46,640
positions. I'm not an attorney. I don't

1398
00:58:44,400 --> 00:58:49,599
know which which one has better

1399
00:58:46,640 --> 00:58:53,359
precedent or which interpretation

1400
00:58:49,599 --> 00:58:56,000
is uh most significant. Um, but I will,

1401
00:58:53,359 --> 00:58:58,160
you know, uh, listen to the board and

1402
00:58:56,000 --> 00:59:00,400
see if they, if they want to act on it

1403
00:58:58,160 --> 00:59:04,240
tonight or if they want to considered

1404
00:59:00,400 --> 00:59:08,720
and give some time for, uh, some, uh,

1405
00:59:04,240 --> 00:59:10,640
peacemaking. But, Mr. Anderson,

1406
00:59:08,720 --> 00:59:14,319
» Thank you, Chair. While we have the

1407
00:59:10,640 --> 00:59:17,839
applicant here, I had a a particular

1408
00:59:14,319 --> 00:59:23,760
question that I'd like clarification on,

1409
00:59:17,839 --> 00:59:28,400
which is concerning the AE1 zone and um

1410
00:59:23,760 --> 00:59:34,079
the deep area of concern. So, what is

1411
00:59:28,400 --> 00:59:37,760
the AE1 zone and why did deep raise a

1412
00:59:34,079 --> 00:59:39,520
red flag about those particular parking

1413
00:59:37,760 --> 00:59:41,920
spaces?

1414
00:59:39,520 --> 00:59:43,839
So, it it was with the where the

1415
00:59:41,920 --> 00:59:47,200
existing parking lot was, and I'm happy

1416
00:59:43,839 --> 00:59:50,559
to show the board this. Um, and Deep

1417
00:59:47,200 --> 00:59:52,640
believes that it's within the AE11. It's

1418
00:59:50,559 --> 00:59:54,559
a flood zone. We're going to eliminate

1419
00:59:52,640 --> 00:59:56,000
those four parking spaces, so it's it

1420
00:59:54,559 --> 00:59:57,839
won't be an issue. And we're we're

1421
00:59:56,000 --> 00:59:59,680
showing it on the plan as an area of

1422
00:59:57,839 --> 01:00:01,440
concern. There was an existing parking

1423
00:59:59,680 --> 01:00:03,119
lot there. There's a curb there still.

1424
01:00:01,440 --> 01:00:04,480
I'm more than happy to show the board.

1425
01:00:03,119 --> 01:00:07,040
And what I'm asking for the board is

1426
01:00:04,480 --> 01:00:09,040
some consideration. I don't I would ask

1427
01:00:07,040 --> 01:00:10,960
respectfully. We have a difference of

1428
01:00:09,040 --> 01:00:12,480
opinion. The the the city planner and

1429
01:00:10,960 --> 01:00:13,920
myself, I've been going around and

1430
01:00:12,480 --> 01:00:16,400
around for two months on this trying to

1431
01:00:13,920 --> 01:00:18,240
get answers qu questions answered. The

1432
01:00:16,400 --> 01:00:20,400
phase one is the most important thing

1433
01:00:18,240 --> 01:00:25,280
for me. It's outside the wetlands. It's

1434
01:00:20,400 --> 01:00:27,839
outside the uh the the the deep area and

1435
01:00:25,280 --> 01:00:29,680
it's approximately 50 parking spaces. I

1436
01:00:27,839 --> 01:00:31,440
would ask as a compromise would the

1437
01:00:29,680 --> 01:00:33,119
board at least consider allowing me to

1438
01:00:31,440 --> 01:00:34,559
do the drainage work in that area that

1439
01:00:33,119 --> 01:00:36,400
has nothing to do with the rest of the

1440
01:00:34,559 --> 01:00:38,000
parking area. It will give me the 50

1441
01:00:36,400 --> 01:00:39,359
parking spaces I need. It's going to

1442
01:00:38,000 --> 01:00:40,799
take me a few weeks and then I can get

1443
01:00:39,359 --> 01:00:43,920
on the next board and resolve some of

1444
01:00:40,799 --> 01:00:46,400
these issues. But I would highly ask the

1445
01:00:43,920 --> 01:00:49,359
regulations that I've c cited are very

1446
01:00:46,400 --> 01:00:51,280
clear. The landscaping and the buffer I

1447
01:00:49,359 --> 01:00:52,960
can offer an alternative plan and the

1448
01:00:51,280 --> 01:00:55,520
board within their right. It's not a

1449
01:00:52,960 --> 01:00:57,200
waiver. It's within their right to make

1450
01:00:55,520 --> 01:00:59,760
and accept that if it meets or it

1451
01:00:57,200 --> 01:01:02,000
exceeds the plan.

1452
01:00:59,760 --> 01:01:04,319
» Now I and I do understand that. I do

1453
01:01:02,000 --> 01:01:07,359
think though that we

1454
01:01:04,319 --> 01:01:10,079
um are it's is diff kind of different

1455
01:01:07,359 --> 01:01:12,000
than just private business where you you

1456
01:01:10,079 --> 01:01:13,760
know he can horse trade and say yeah go

1457
01:01:12,000 --> 01:01:16,799
ahead and do it. It's like we have a

1458
01:01:13,760 --> 01:01:18,480
specific application in front of us and

1459
01:01:16,799 --> 01:01:20,880
it's not like we can adjust that and

1460
01:01:18,480 --> 01:01:23,599
chop it up into pieces and say, "Okay,

1461
01:01:20,880 --> 01:01:26,000
well, we'll do this here right now and

1462
01:01:23,599 --> 01:01:28,319
we'll chop it up and we'll redesign the

1463
01:01:26,000 --> 01:01:30,480
whole thing in terms of the

1464
01:01:28,319 --> 01:01:33,040
presentation, the application, and take

1465
01:01:30,480 --> 01:01:34,640
it as a partial. I I don't know that we

1466
01:01:33,040 --> 01:01:37,839
actually have the right or the ability

1467
01:01:34,640 --> 01:01:40,000
to do that. So, um I will ask the other

1468
01:01:37,839 --> 01:01:42,640
members of the board what they think,

1469
01:01:40,000 --> 01:01:46,480
but my instinct is that we kind of have

1470
01:01:42,640 --> 01:01:48,480
to we have to um address

1471
01:01:46,480 --> 01:01:51,440
» Chair chairman Kush, I could just stress

1472
01:01:48,480 --> 01:01:53,520
to you in your regulations as long as

1473
01:01:51,440 --> 01:01:55,760
the plan has been approved by the city

1474
01:01:53,520 --> 01:01:57,599
engineer, I can get a zoning permit for

1475
01:01:55,760 --> 01:01:59,920
a specific section.

1476
01:01:57,599 --> 01:02:00,480
» That is not true, Mr. Chair. Just to

1477
01:01:59,920 --> 01:02:02,160
clarify.

1478
01:02:00,480 --> 01:02:05,359
» Yeah. So, this is the problem that we

1479
01:02:02,160 --> 01:02:07,599
have. So, I I'd be interested in what

1480
01:02:05,359 --> 01:02:09,599
the board thinks about it and what we

1481
01:02:07,599 --> 01:02:11,520
think collectively we should do. Mr.

1482
01:02:09,599 --> 01:02:14,880
Saddy,

1483
01:02:11,520 --> 01:02:16,319
» Thank you very much. Um, one of the

1484
01:02:14,880 --> 01:02:18,640
things I've been very consistent with

1485
01:02:16,319 --> 01:02:20,559
when an applicant comes in with a

1486
01:02:18,640 --> 01:02:23,200
complex issue, which is this is a

1487
01:02:20,559 --> 01:02:24,960
complex issue, uh, Mr. Sy, uh, you

1488
01:02:23,200 --> 01:02:27,200
provided us materials which was

1489
01:02:24,960 --> 01:02:28,960
appropriate. We appreciate it. The other

1490
01:02:27,200 --> 01:02:30,559
hand, uh, I haven't even had a chance to

1491
01:02:28,960 --> 01:02:31,680
read all of it yet. I listened to most

1492
01:02:30,559 --> 01:02:33,760
of what you had to say because I think

1493
01:02:31,680 --> 01:02:35,119
that was important and traditionally

1494
01:02:33,760 --> 01:02:37,359
what I've been involved in this I've

1495
01:02:35,119 --> 01:02:39,920
said we kick it down for two two weeks

1496
01:02:37,359 --> 01:02:41,839
out for us to be able to assimilate this

1497
01:02:39,920 --> 01:02:44,160
to make number one an intelligent choice

1498
01:02:41,839 --> 01:02:45,839
and more importantly not only an

1499
01:02:44,160 --> 01:02:48,240
intelligent choice but the appropriate

1500
01:02:45,839 --> 01:02:50,720
choice that we have to make on this. So

1501
01:02:48,240 --> 01:02:53,040
I think that we have to review the uh

1502
01:02:50,720 --> 01:02:56,319
inland wetlands which whether it came in

1503
01:02:53,040 --> 01:02:58,640
today or came in uh I think had a

1504
01:02:56,319 --> 01:03:00,640
different date sometime in July. It

1505
01:02:58,640 --> 01:03:03,200
still is tied into the report that came

1506
01:03:00,640 --> 01:03:05,599
out of deep which was July 1st and I see

1507
01:03:03,200 --> 01:03:09,119
that you did hand that out to us in our

1508
01:03:05,599 --> 01:03:10,319
materials. Um that being said can I ask

1509
01:03:09,119 --> 01:03:11,040
some questions though?

1510
01:03:10,319 --> 01:03:14,799
» Sure.

1511
01:03:11,040 --> 01:03:17,039
» So uh Mr. Sy, um

1512
01:03:14,799 --> 01:03:19,440
the materials you just sent to us

1513
01:03:17,039 --> 01:03:21,599
tonight. Um

1514
01:03:19,440 --> 01:03:24,480
again, this is a one-page document. It's

1515
01:03:21,599 --> 01:03:26,559
in color. Um unfortunately, it's 8 and 1

1516
01:03:24,480 --> 01:03:28,720
half by 11. I don't know the date that's

1517
01:03:26,559 --> 01:03:31,359
actually on it. I can't make it out.

1518
01:03:28,720 --> 01:03:34,880
Assuming it's a recent one, but would

1519
01:03:31,359 --> 01:03:37,680
you just explain uh the phase one? Is

1520
01:03:34,880 --> 01:03:40,720
that the 50 spots? That's a one in red

1521
01:03:37,680 --> 01:03:42,240
that you're talking about is the uh

1522
01:03:40,720 --> 01:03:43,119
mental health business. Is that what

1523
01:03:42,240 --> 01:03:43,680
you're referring to?

1524
01:03:43,119 --> 01:03:44,480
» Yes.

1525
01:03:43,680 --> 01:03:46,240
» Okay.

1526
01:03:44,480 --> 01:03:49,200
» And then we have something that's called

1527
01:03:46,240 --> 01:03:51,839
parking phase two and it's a blue

1528
01:03:49,200 --> 01:03:53,680
marking uh 36 spaces. Could you just

1529
01:03:51,839 --> 01:03:55,200
explain that for us because again we're

1530
01:03:53,680 --> 01:03:58,400
seeing this map for the first time?

1531
01:03:55,200 --> 01:04:01,039
» Sure. I I anticipated that the board

1532
01:03:58,400 --> 01:04:02,720
number one, we had uh the deep review

1533
01:04:01,039 --> 01:04:04,880
letter that came out today, which I was

1534
01:04:02,720 --> 01:04:06,720
pretty shocked by, and we tried to

1535
01:04:04,880 --> 01:04:09,440
respond to say, "Hey, let me show you

1536
01:04:06,720 --> 01:04:10,640
the exact area and let me show you." I

1537
01:04:09,440 --> 01:04:12,400
figured the board would be concerned

1538
01:04:10,640 --> 01:04:13,839
about, hey, can we approve this whole

1539
01:04:12,400 --> 01:04:16,160
thing or can we at least get them

1540
01:04:13,839 --> 01:04:18,160
started. So, we we wanted to highlight

1541
01:04:16,160 --> 01:04:20,160
the different areas to make sure you're

1542
01:04:18,160 --> 01:04:21,680
aware of it. That was done today just to

1543
01:04:20,160 --> 01:04:23,440
say, hey, this is the deep area of

1544
01:04:21,680 --> 01:04:25,839
concern. It's three parking spaces, but

1545
01:04:23,440 --> 01:04:28,559
we made four. And then the rest of the

1546
01:04:25,839 --> 01:04:30,559
area was um the different the parking

1547
01:04:28,559 --> 01:04:32,319
area for the mental health and also for

1548
01:04:30,559 --> 01:04:33,119
the elite gym so that they could have a

1549
01:04:32,319 --> 01:04:35,920
little bit more parking.

1550
01:04:33,119 --> 01:04:38,000
» Okay. But phase two parking phase two is

1551
01:04:35,920 --> 01:04:39,760
the second part of it. Uh we

1552
01:04:38,000 --> 01:04:41,520
self-perform most of the work. So we're

1553
01:04:39,760 --> 01:04:43,200
going to do it in phases. We're not

1554
01:04:41,520 --> 01:04:45,280
going to do the whole parking lot at

1555
01:04:43,200 --> 01:04:46,799
once. So we figured we would show the

1556
01:04:45,280 --> 01:04:49,039
board what we're looking to do.

1557
01:04:46,799 --> 01:04:52,640
» Okay. And then again this is for the

1558
01:04:49,039 --> 01:04:55,200
record. Green phase three 16 phase 16

1559
01:04:52,640 --> 01:04:56,079
spaces. Correct. That would be the the

1560
01:04:55,200 --> 01:04:58,000
last phase.

1561
01:04:56,079 --> 01:05:00,400
» My memory and I think our board's memory

1562
01:04:58,000 --> 01:05:02,559
is that we approved one of the

1563
01:05:00,400 --> 01:05:05,920
businesses that is now operating. It's a

1564
01:05:02,559 --> 01:05:06,559
baseball facility I believe with others.

1565
01:05:05,920 --> 01:05:08,799
» Correct.

1566
01:05:06,559 --> 01:05:11,440
» What What are the spaces that you have

1567
01:05:08,799 --> 01:05:13,280
referred to as either phase one, phase

1568
01:05:11,440 --> 01:05:15,280
two, or phase three are being used by

1569
01:05:13,280 --> 01:05:16,559
that particular business as president?

1570
01:05:15,280 --> 01:05:18,960
» They're they're they're using the

1571
01:05:16,559 --> 01:05:20,240
parking area that abutts the the the

1572
01:05:18,960 --> 01:05:21,599
building. If you're looking at the

1573
01:05:20,240 --> 01:05:23,359
building from the street to the right,

1574
01:05:21,599 --> 01:05:25,200
there's a a paved parking area that's an

1575
01:05:23,359 --> 01:05:28,000
existing parking lot. They're using

1576
01:05:25,200 --> 01:05:30,160
those 15 parking spaces.

1577
01:05:28,000 --> 01:05:30,640
» The one that's parking phase three, the

1578
01:05:30,160 --> 01:05:32,240
green ones.

1579
01:05:30,640 --> 01:05:35,200
» No, no, no, no, no. If you're looking at

1580
01:05:32,240 --> 01:05:36,480
the building from the road, it's uh Let

1581
01:05:35,200 --> 01:05:37,920
me

1582
01:05:36,480 --> 01:05:39,760
» No, it's okay.

1583
01:05:37,920 --> 01:05:41,119
» No, you don't need to do that. Just

1584
01:05:39,760 --> 01:05:42,240
» So, if you're looking at the If If

1585
01:05:41,119 --> 01:05:44,160
you're looking at the building from the

1586
01:05:42,240 --> 01:05:45,440
road, Yes. the existing parking lot to

1587
01:05:44,160 --> 01:05:47,200
the left of the building.

1588
01:05:45,440 --> 01:05:49,359
» Okay. That's part of your 50 spaces.

1589
01:05:47,200 --> 01:05:50,799
» Yes. Well, right now it's 15, but it

1590
01:05:49,359 --> 01:05:53,119
would be expanded to 50.

1591
01:05:50,799 --> 01:05:54,880
» Fair enough. Um, and again, this

1592
01:05:53,119 --> 01:05:56,640
document is the first time. Is this is

1593
01:05:54,880 --> 01:05:58,160
this an actual survey that was been done

1594
01:05:56,640 --> 01:05:59,280
or is this just something was put

1595
01:05:58,160 --> 01:06:00,960
together for the presentation?

1596
01:05:59,280 --> 01:06:02,640
» That was a survey that we took and and

1597
01:06:00,960 --> 01:06:04,079
color copied it. It's an existing survey

1598
01:06:02,640 --> 01:06:05,839
that I'm happy to show it to you. I have

1599
01:06:04,079 --> 01:06:07,680
in the back, but you have the plans

1600
01:06:05,839 --> 01:06:10,319
because that's it right there.

1601
01:06:07,680 --> 01:06:11,280
» I we don't have the color until you gave

1602
01:06:10,319 --> 01:06:15,119
it to us.

1603
01:06:11,280 --> 01:06:17,359
The last question I h I have for you um

1604
01:06:15,119 --> 01:06:18,720
is you said you wanted to start work,

1605
01:06:17,359 --> 01:06:20,160
but I think you said you've been working

1606
01:06:18,720 --> 01:06:20,640
this for over a year and a half now.

1607
01:06:20,160 --> 01:06:21,520
Correct.

1608
01:06:20,640 --> 01:06:23,599
» Yes.

1609
01:06:21,520 --> 01:06:25,119
» I just sitting there going if the two

1610
01:06:23,599 --> 01:06:26,880
weeks will get us to the point where we

1611
01:06:25,119 --> 01:06:28,720
can make an intelligent decision. It's

1612
01:06:26,880 --> 01:06:30,960
probably something we should consider.

1613
01:06:28,720 --> 01:06:33,119
Like you do so in a regular part of your

1614
01:06:30,960 --> 01:06:33,920
business over the years.

1615
01:06:33,119 --> 01:06:36,720
» I'm happy to.

1616
01:06:33,920 --> 01:06:39,039
» Just my observation. Thank you.

1617
01:06:36,720 --> 01:06:42,319
» Any u further questions or comments from

1618
01:06:39,039 --> 01:06:44,880
the board? Yes, Mr. Collision.

1619
01:06:42,319 --> 01:06:46,799
» Mr. Sely, um, when you started this

1620
01:06:44,880 --> 01:06:48,400
expansion, did you have all the proper

1621
01:06:46,799 --> 01:06:49,839
permits and and approvals?

1622
01:06:48,400 --> 01:06:51,599
» Brian, I want to make sure I'm clear. We

1623
01:06:49,839 --> 01:06:53,359
didn't expand the parking lot. The

1624
01:06:51,599 --> 01:06:55,440
parking lot, that's a misrepresentation

1625
01:06:53,359 --> 01:06:56,720
from the city planner, the parking lot

1626
01:06:55,440 --> 01:06:58,480
there, and I'll make sure at the next

1627
01:06:56,720 --> 01:07:00,079
meeting I'll bring a Google map of that

1628
01:06:58,480 --> 01:07:01,119
existing parking lot when we bought the

1629
01:07:00,079 --> 01:07:02,480
property.

1630
01:07:01,119 --> 01:07:04,319
» Not expanded any parking.

1631
01:07:02,480 --> 01:07:06,319
» Let me rephrase that. When you started

1632
01:07:04,319 --> 01:07:08,400
your project, did you have proper

1633
01:07:06,319 --> 01:07:10,000
approvals and permits

1634
01:07:08,400 --> 01:07:11,280
» For which part of the project?

1635
01:07:10,000 --> 01:07:12,960
» Any project.

1636
01:07:11,280 --> 01:07:14,799
» We did site work there for a year and a

1637
01:07:12,960 --> 01:07:16,160
half. We didn't know. And I didn't know,

1638
01:07:14,799 --> 01:07:17,520
and this is the truth, as long as I

1639
01:07:16,160 --> 01:07:18,720
stayed out of the inland wetlands area,

1640
01:07:17,520 --> 01:07:20,720
I thought I was fine. We put new

1641
01:07:18,720 --> 01:07:24,640
sidewalks in. We didn't touch any of the

1642
01:07:20,720 --> 01:07:26,319
asphalt. That wasn't until uh May 29th,

1643
01:07:24,640 --> 01:07:28,240
I think it was. That was what the notice

1644
01:07:26,319 --> 01:07:30,000
of violation was. We held accountability

1645
01:07:28,240 --> 01:07:31,760
for that. We apologized for that and

1646
01:07:30,000 --> 01:07:34,240
within a month, we got it rectified. So,

1647
01:07:31,760 --> 01:07:34,960
so at least that notice of violation was

1648
01:07:34,240 --> 01:07:36,480
appropriate.

1649
01:07:34,960 --> 01:07:38,240
» 100%. We don't argue that.

1650
01:07:36,480 --> 01:07:39,920
» Thank you.

1651
01:07:38,240 --> 01:07:41,119
» The two the two notices of violation

1652
01:07:39,920 --> 01:07:43,119
from the zoning department were

1653
01:07:41,119 --> 01:07:45,520
inappropriate. I just want to make sure

1654
01:07:43,119 --> 01:07:49,039
I put that in the record.

1655
01:07:45,520 --> 01:07:51,520
» Any any further uh questions?

1656
01:07:49,039 --> 01:07:52,799
» Uh just a comment. Uh this is a lot of

1657
01:07:51,520 --> 01:07:57,280
material here. There's a lot of

1658
01:07:52,799 --> 01:07:58,960
conflicting uh opinions and um I've been

1659
01:07:57,280 --> 01:08:00,799
going over this since we've got it and

1660
01:07:58,960 --> 01:08:03,839
we've gotten more material tonight. This

1661
01:08:00,799 --> 01:08:05,359
is just a lot to process. Uh I think the

1662
01:08:03,839 --> 01:08:07,440
addition of the the mental health

1663
01:08:05,359 --> 01:08:09,839
facility and the gym, I think those are

1664
01:08:07,440 --> 01:08:12,240
great additions to the neighborhood. I'm

1665
01:08:09,839 --> 01:08:14,400
very familiar with this area. That

1666
01:08:12,240 --> 01:08:17,359
really would help to bring uh to bring

1667
01:08:14,400 --> 01:08:21,040
the standard up in that neighborhood. Uh

1668
01:08:17,359 --> 01:08:23,440
I think unfortunately

1669
01:08:21,040 --> 01:08:24,960
we need to wait two weeks to process all

1670
01:08:23,440 --> 01:08:27,120
this and to iron out all these

1671
01:08:24,960 --> 01:08:29,279
difficulties and maybe in the next

1672
01:08:27,120 --> 01:08:32,400
meeting we can approve this. At least

1673
01:08:29,279 --> 01:08:35,120
that's my opinion.

1674
01:08:32,400 --> 01:08:37,279
» Thank you. Any other comments or

1675
01:08:35,120 --> 01:08:38,000
questions from the board,

1676
01:08:37,279 --> 01:08:39,440
» Mr. Chair?

1677
01:08:38,000 --> 01:08:41,279
» Yep.

1678
01:08:39,440 --> 01:08:45,679
» Just want to say a couple of things.

1679
01:08:41,279 --> 01:08:47,920
First, um the goal of the project I have

1680
01:08:45,679 --> 01:08:50,719
no issue with. It will improve the

1681
01:08:47,920 --> 01:08:53,359
neighborhood. That that's without a

1682
01:08:50,719 --> 01:08:55,679
doubt. And when things are properly

1683
01:08:53,359 --> 01:08:57,759
permitted, that's a good thing. The

1684
01:08:55,679 --> 01:08:59,679
issue here isn't the improvements and

1685
01:08:57,759 --> 01:09:03,520
know how great they are or not how great

1686
01:08:59,679 --> 01:09:06,400
they are. It's very simply like any

1687
01:09:03,520 --> 01:09:08,640
project that is great in this city. You

1688
01:09:06,400 --> 01:09:12,080
have to follow the rules to get there.

1689
01:09:08,640 --> 01:09:14,319
There is a path to greatness. And right

1690
01:09:12,080 --> 01:09:17,440
now this project is not following that

1691
01:09:14,319 --> 01:09:20,319
path correctly. And you heard multiple

1692
01:09:17,440 --> 01:09:22,239
times tonight the word consideration.

1693
01:09:20,319 --> 01:09:24,159
Please give him consideration. Please

1694
01:09:22,239 --> 01:09:26,159
give him consideration. There's no

1695
01:09:24,159 --> 01:09:29,679
consideration. The consideration is the

1696
01:09:26,159 --> 01:09:33,520
regulations. All we are asking him to do

1697
01:09:29,679 --> 01:09:36,960
is follow the regulatory path correctly

1698
01:09:33,520 --> 01:09:40,719
so he can get to that path of greatness

1699
01:09:36,960 --> 01:09:42,239
that he has talked about.

1700
01:09:40,719 --> 01:09:43,839
» Can I can I talk about that for one

1701
01:09:42,239 --> 01:09:45,279
second, please?

1702
01:09:43,839 --> 01:09:46,400
The reason I wanted to get before the

1703
01:09:45,279 --> 01:09:48,319
board is because no one's going to do

1704
01:09:46,400 --> 01:09:50,080
what I'm doing right now is talking

1705
01:09:48,319 --> 01:09:52,560
about the obstacles that the city

1706
01:09:50,080 --> 01:09:54,400
planner puts in my way, in my partner's

1707
01:09:52,560 --> 01:09:55,600
way. I want to get before the board and

1708
01:09:54,400 --> 01:09:56,880
I probably agree you're not going to

1709
01:09:55,600 --> 01:09:59,600
approve it tonight, but I want to be

1710
01:09:56,880 --> 01:10:01,440
clear. We have asked multiple times for

1711
01:09:59,600 --> 01:10:03,600
clarification from the city planner and

1712
01:10:01,440 --> 01:10:05,600
he has refused to answer basic

1713
01:10:03,600 --> 01:10:07,840
questions. You're you have all the

1714
01:10:05,600 --> 01:10:10,080
information from all the emails I have.

1715
01:10:07,840 --> 01:10:11,600
I've respectfully asked, please read it.

1716
01:10:10,080 --> 01:10:13,120
I'm happy to bring everyone out to the

1717
01:10:11,600 --> 01:10:15,679
lot and we can show them. I'm going to

1718
01:10:13,120 --> 01:10:17,600
get a a survey or not a survey but an

1719
01:10:15,679 --> 01:10:20,480
elevation and show where the existing

1720
01:10:17,600 --> 01:10:22,560
parking lot was as of May May 1st of

1721
01:10:20,480 --> 01:10:24,719
this year. We've never expanded the

1722
01:10:22,560 --> 01:10:26,080
parking lot. We made one mistake. We

1723
01:10:24,719 --> 01:10:28,400
reclaimed the parking lot. We shouldn't

1724
01:10:26,080 --> 01:10:29,760
have. I acknowledge that. But other than

1725
01:10:28,400 --> 01:10:31,120
that, we have been trying to work with

1726
01:10:29,760 --> 01:10:33,520
the city and we were there for a year

1727
01:10:31,120 --> 01:10:36,800
and a half without an issue doing work.

1728
01:10:33,520 --> 01:10:38,400
So, we are not looking to be bad. And I

1729
01:10:36,800 --> 01:10:40,480
I will say, David, I'm not going to

1730
01:10:38,400 --> 01:10:42,880
address it. I apologize. All I'm asking

1731
01:10:40,480 --> 01:10:46,480
is the city official to respond to basic

1732
01:10:42,880 --> 01:10:48,159
questions and please read my emails.

1733
01:10:46,480 --> 01:10:52,400
» Okay.

1734
01:10:48,159 --> 01:10:55,760
Um then uh I would uh either hear a

1735
01:10:52,400 --> 01:10:59,040
motion to put this to it or by

1736
01:10:55,760 --> 01:11:02,640
affirmation got making the motion to

1737
01:10:59,040 --> 01:11:05,760
have this matter continue to the next

1738
01:11:02,640 --> 01:11:08,159
meeting which would be the 15th of

1739
01:11:05,760 --> 01:11:09,920
September if that's accurate.

1740
01:11:08,159 --> 01:11:10,719
We have a motion on the floor. A

1741
01:11:09,920 --> 01:11:12,080
» Second.

1742
01:11:10,719 --> 01:11:15,360
» Have a motion in a second. Any

1743
01:11:12,080 --> 01:11:17,600
discussion on the motion?

1744
01:11:15,360 --> 01:11:21,520
» Seeing none, if you would please uh call

1745
01:11:17,600 --> 01:11:22,640
the role. Call the vote.

1746
01:11:21,520 --> 01:11:24,560
» Mr. Agnesi

1747
01:11:22,640 --> 01:11:25,600
» With the motion.

1748
01:11:24,560 --> 01:11:26,560
» Mr. Anderson

1749
01:11:25,600 --> 01:11:27,600
» With a motion.

1750
01:11:26,560 --> 01:11:28,800
» Mr. Fermener

1751
01:11:27,600 --> 01:11:29,760
» With the motion.

1752
01:11:28,800 --> 01:11:30,800
» Mr. Collegian

1753
01:11:29,760 --> 01:11:31,840
» With the motion.

1754
01:11:30,800 --> 01:11:32,880
» Mr. Machio

1755
01:11:31,840 --> 01:11:34,320
» With the motion.

1756
01:11:32,880 --> 01:11:35,199
» Mr. Mortimer

1757
01:11:34,320 --> 01:11:36,080
» Motion.

1758
01:11:35,199 --> 01:11:38,400
» Mr. Satty

1759
01:11:36,080 --> 01:11:39,600
» With the motion. Mr. Zaheres

1760
01:11:38,400 --> 01:11:40,880
» With the motion.

1761
01:11:39,600 --> 01:11:42,560
» Chairman Ques.

1762
01:11:40,880 --> 01:11:45,040
» I'm also with the motion and I

1763
01:11:42,560 --> 01:11:47,440
understand that there is uh an

1764
01:11:45,040 --> 01:11:49,679
adversarial feeling about this between

1765
01:11:47,440 --> 01:11:52,400
the applicant and the city. I would

1766
01:11:49,679 --> 01:11:56,239
encourage you both to do your very best

1767
01:11:52,400 --> 01:11:59,280
to accommodate the other uh position and

1768
01:11:56,239 --> 01:12:02,960
find a way to make this the easy button

1769
01:11:59,280 --> 01:12:07,280
for us for the next meeting. It's really

1770
01:12:02,960 --> 01:12:09,679
not our place to um adjudicate between

1771
01:12:07,280 --> 01:12:11,679
conflicting things. We'll do what we

1772
01:12:09,679 --> 01:12:15,280
have to do and we'll take a vote and

1773
01:12:11,679 --> 01:12:17,920
it'll be what it is, but I would prefer

1774
01:12:15,280 --> 01:12:21,199
uh that it go more smoothly and that we

1775
01:12:17,920 --> 01:12:23,840
get this built. So, I am in agreement

1776
01:12:21,199 --> 01:12:26,880
with the city planner and with Mr.

1777
01:12:23,840 --> 01:12:29,280
Mortimer that it's an improvement. It's

1778
01:12:26,880 --> 01:12:33,120
good that the overall

1779
01:12:29,280 --> 01:12:36,880
um end effect is is positive for the

1780
01:12:33,120 --> 01:12:40,080
area and uh so I'm hopeful that that

1781
01:12:36,880 --> 01:12:43,600
that uh if there is a hatchet that it

1782
01:12:40,080 --> 01:12:47,040
can be buried and uh and that we show

1783
01:12:43,600 --> 01:12:49,840
that at the next meeting both parties uh

1784
01:12:47,040 --> 01:12:51,440
being able to uh accommodate the other's

1785
01:12:49,840 --> 01:12:55,199
needs. But thank you

1786
01:12:51,440 --> 01:12:57,520
» Mr. Chair. Ju just for the record, all

1787
01:12:55,199 --> 01:12:59,679
I'm looking for is the same thing I

1788
01:12:57,520 --> 01:13:01,280
looked for for every applicant that

1789
01:12:59,679 --> 01:13:02,400
comes before this board in every

1790
01:13:01,280 --> 01:13:03,760
application.

1791
01:13:02,400 --> 01:13:05,760
» I understand that's your position.

1792
01:13:03,760 --> 01:13:07,920
» Listen, listen. And it's very simple

1793
01:13:05,760 --> 01:13:10,000
because it's the law. The law is you

1794
01:13:07,920 --> 01:13:10,640
have to be zoning compliant. That's all

1795
01:13:10,000 --> 01:13:11,199
I want.

1796
01:13:10,640 --> 01:13:12,560
» I understand.

1797
01:13:11,199 --> 01:13:13,760
» Just want you to know that's all I'm

1798
01:13:12,560 --> 01:13:15,360
looking for.

1799
01:13:13,760 --> 01:13:17,840
» And I'm asking you guys to do that with

1800
01:13:15,360 --> 01:13:20,080
yourselves, not not with us as it as the

1801
01:13:17,840 --> 01:13:22,719
middlemen. So, we'll leave it at that.

1802
01:13:20,080 --> 01:13:25,040
Show us next time that we all agree that

1803
01:13:22,719 --> 01:13:26,480
it's done right and it's and it's easy

1804
01:13:25,040 --> 01:13:28,800
for us to approve. Thank you.

1805
01:13:26,480 --> 01:13:30,320
» Thank you.

1806
01:13:28,800 --> 01:13:33,120
» Next order of business is a public

1807
01:13:30,320 --> 01:13:36,400
hearing closed by October 6th. Vote by

1808
01:13:33,120 --> 01:13:40,159
December 10th, 260284

1809
01:13:36,400 --> 01:13:43,760
Quarry Road, space C through F, zone ID,

1810
01:13:40,159 --> 01:13:45,760
petition of Haki Akaya, for special

1811
01:13:43,760 --> 01:13:49,520
exception to operate an indoor

1812
01:13:45,760 --> 01:13:54,560
children's playground on map 91, block

1813
01:13:49,520 --> 01:13:57,600
807, parcel 1, of which LM Quarry Road 2

1814
01:13:54,560 --> 01:13:59,600
LLC is the owner. If you would give your

1815
01:13:57,600 --> 01:14:00,800
name and address for the board, you will

1816
01:13:59,600 --> 01:14:03,679
have the floor.

1817
01:14:00,800 --> 01:14:07,199
» Thank you. Uh John Wicko, architect at

1818
01:14:03,679 --> 01:14:10,960
58 Prospect Street. I'm here on behalf

1819
01:14:07,199 --> 01:14:15,440
of Aliv Akaya and representing the owner

1820
01:14:10,960 --> 01:14:18,239
LM Corey Road 2 LLC. Um we're here

1821
01:14:15,440 --> 01:14:21,520
because of a special use required for

1822
01:14:18,239 --> 01:14:23,600
places of entertainment in the ID, the

1823
01:14:21,520 --> 01:14:29,040
industrial zone.

1824
01:14:23,600 --> 01:14:32,400
Um the uh tenant is proposing an indoor

1825
01:14:29,040 --> 01:14:37,600
playground um facility for children and

1826
01:14:32,400 --> 01:14:40,640
families um to use uh during operation

1827
01:14:37,600 --> 01:14:44,000
hours which are Monday through Friday

1828
01:14:40,640 --> 01:14:47,760
8:30 to 7:30. And on the weekends, the

1829
01:14:44,000 --> 01:14:51,120
most busy time is um

1830
01:14:47,760 --> 01:14:56,080
8 to 8 o'clock on Saturday and 8:30 to

1831
01:14:51,120 --> 01:15:00,960
7:30 on Sunday. Um the facility is open

1832
01:14:56,080 --> 01:15:04,560
to the public as a enter and um

1833
01:15:00,960 --> 01:15:06,640
pay by the hour, a rotating hour for um

1834
01:15:04,560 --> 01:15:08,320
for the children that are using the the

1835
01:15:06,640 --> 01:15:12,560
playscape.

1836
01:15:08,320 --> 01:15:15,199
Um, also there on the weekends mostly

1837
01:15:12,560 --> 01:15:18,480
are the parties. There's party rooms

1838
01:15:15,199 --> 01:15:22,800
that um will serve food that's brought

1839
01:15:18,480 --> 01:15:25,040
in. There's no uh preparing of food um

1840
01:15:22,800 --> 01:15:27,920
in this establishment.

1841
01:15:25,040 --> 01:15:31,920
Um

1842
01:15:27,920 --> 01:15:34,640
pretty uh basic standard operation. Um

1843
01:15:31,920 --> 01:15:36,800
the improvements uh include the

1844
01:15:34,640 --> 01:15:41,920
installation of the play equipment which

1845
01:15:36,800 --> 01:15:43,920
is about 2500 square feet. Uh it's a

1846
01:15:41,920 --> 01:15:46,480
pre-manufactured

1847
01:15:43,920 --> 01:15:50,320
um certified equipment that's going to

1848
01:15:46,480 --> 01:15:53,920
be installed um and geared towards uh

1849
01:15:50,320 --> 01:15:57,440
younger children to to use and enjoy for

1850
01:15:53,920 --> 01:16:00,480
entertainment. Um other improvements are

1851
01:15:57,440 --> 01:16:04,239
primarily um cabinetry for reception,

1852
01:16:00,480 --> 01:16:06,080
service counter and coffee bar. Uh there

1853
01:16:04,239 --> 01:16:08,800
is um a storage room that'll be

1854
01:16:06,080 --> 01:16:10,320
constructed at the existing overhead

1855
01:16:08,800 --> 01:16:14,320
door.

1856
01:16:10,320 --> 01:16:17,440
Um the remaining rooms uh which are on

1857
01:16:14,320 --> 01:16:20,480
the outside walls will remain uh and be

1858
01:16:17,440 --> 01:16:23,280
used as parting uh party rooms and the

1859
01:16:20,480 --> 01:16:25,440
lavatories are existing uh and they do

1860
01:16:23,280 --> 01:16:27,280
meet the required building and plumbing

1861
01:16:25,440 --> 01:16:30,960
codes.

1862
01:16:27,280 --> 01:16:35,600
Uh also our gathering uh areas with

1863
01:16:30,960 --> 01:16:38,080
tables for families and um to uh

1864
01:16:35,600 --> 01:16:40,960
uh rest and and eat their snacks that

1865
01:16:38,080 --> 01:16:40,960
they bring.

1866
01:16:42,320 --> 01:16:45,320
And

1867
01:16:45,600 --> 01:16:50,239
I think that's really it on the on the

1868
01:16:47,920 --> 01:16:53,920
site or inside the building. The site

1869
01:16:50,239 --> 01:16:56,560
itself, we um we're we're not proposing

1870
01:16:53,920 --> 01:17:00,640
don't need to do any uh changes to the

1871
01:16:56,560 --> 01:17:04,960
site. It's all zoning compliant. Um we

1872
01:17:00,640 --> 01:17:08,480
have uh zoning data sheet um SP2 that

1873
01:17:04,960 --> 01:17:12,800
that describes those uh compliant areas.

1874
01:17:08,480 --> 01:17:15,120
We did a a parking matrix um based on

1875
01:17:12,800 --> 01:17:20,719
existing occupants

1876
01:17:15,120 --> 01:17:23,280
um and the requirements under 5.1.4

1877
01:17:20,719 --> 01:17:27,120
your parking regulation

1878
01:17:23,280 --> 01:17:30,960
um it's all called out on a um chart

1879
01:17:27,120 --> 01:17:35,360
there. Uh both buildings when you add

1880
01:17:30,960 --> 01:17:38,719
everything up um is are required 186 and

1881
01:17:35,360 --> 01:17:42,239
that includes the playtown needing 53

1882
01:17:38,719 --> 01:17:44,320
spaces. Uh there's a breakdown also in

1883
01:17:42,239 --> 01:17:49,360
that chart of the different areas and

1884
01:17:44,320 --> 01:17:51,600
the um uh density of occupants

1885
01:17:49,360 --> 01:17:55,520
within her space.

1886
01:17:51,600 --> 01:17:59,679
So with with that um

1887
01:17:55,520 --> 01:18:03,520
186 are required and we have 262 spaces

1888
01:17:59,679 --> 01:18:06,800
on site. So we're in excess of 76

1889
01:18:03,520 --> 01:18:10,560
spaces. So we feel this is going to be a

1890
01:18:06,800 --> 01:18:12,239
a a good use, a good location. Um it's a

1891
01:18:10,560 --> 01:18:14,000
large enough space in this type of

1892
01:18:12,239 --> 01:18:16,159
building that can accommodate the

1893
01:18:14,000 --> 01:18:19,760
structure that she's purchasing and

1894
01:18:16,159 --> 01:18:23,280
installing. Um, so we hope you are

1895
01:18:19,760 --> 01:18:25,360
acting favorably on this application.

1896
01:18:23,280 --> 01:18:28,360
» Thank you. David, if you would give your

1897
01:18:25,360 --> 01:18:28,360
overview.

1898
01:18:29,280 --> 01:18:33,920
» The applicant is looking to establish an

1899
01:18:31,360 --> 01:18:36,800
indoor playground and child's uh party

1900
01:18:33,920 --> 01:18:39,679
facility of 5,931

1901
01:18:36,800 --> 01:18:42,159
square ft in the ID industrial zone. The

1902
01:18:39,679 --> 01:18:44,239
application is for a special exception.

1903
01:18:42,159 --> 01:18:47,600
According to the submission, weekly

1904
01:18:44,239 --> 01:18:49,679
operations run from 8:30 a.m. to 7:30

1905
01:18:47,600 --> 01:18:52,719
p.m. with a maximum of 20 children a

1906
01:18:49,679 --> 01:18:54,640
day. Each play session is an hour long.

1907
01:18:52,719 --> 01:18:56,960
Parking demand is estimated to be a

1908
01:18:54,640 --> 01:19:00,080
maximum of 15 cars depending on whether

1909
01:18:56,960 --> 01:19:02,719
both a party and a playground uses are

1910
01:19:00,080 --> 01:19:04,080
at the same time. Uh no interdep

1911
01:19:02,719 --> 01:19:06,320
departmental issues have been

1912
01:19:04,080 --> 01:19:08,719
identified. Uh the police department

1913
01:19:06,320 --> 01:19:10,719
review is pending. So, if approved, it

1914
01:19:08,719 --> 01:19:13,840
is recommended that the approval be

1915
01:19:10,719 --> 01:19:16,239
conditioned on police approval.

1916
01:19:13,840 --> 01:19:17,840
» Thank you. Um, are there any questions

1917
01:19:16,239 --> 01:19:21,000
of the applicant before we open the

1918
01:19:17,840 --> 01:19:21,000
public hearing?

1919
01:19:21,760 --> 01:19:27,120
» Good evening, Mr. Wick. Good to have you

1920
01:19:23,440 --> 01:19:29,040
back. Um, just so Clare, looking I

1921
01:19:27,120 --> 01:19:30,480
looked at your plans, there are two

1922
01:19:29,040 --> 01:19:31,840
buildings on the property. Is the

1923
01:19:30,480 --> 01:19:33,920
building to the right the one that's

1924
01:19:31,840 --> 01:19:37,120
going to be your applicants or is the

1925
01:19:33,920 --> 01:19:39,280
building on the left? Um, as you come in

1926
01:19:37,120 --> 01:19:40,880
from Cory Road, Cory Road, yes,

1927
01:19:39,280 --> 01:19:43,440
» Is the building on the right. Okay.

1928
01:19:40,880 --> 01:19:44,480
» And in the back right corner is the

1929
01:19:43,440 --> 01:19:46,400
tenant space.

1930
01:19:44,480 --> 01:19:47,920
» Fair enough. And then that's how we get

1931
01:19:46,400 --> 01:19:50,239
all the extra spaces because the

1932
01:19:47,920 --> 01:19:52,560
building that's on the property that's

1933
01:19:50,239 --> 01:19:55,040
to the left may not be used at the same

1934
01:19:52,560 --> 01:19:56,560
time as as this particular applicant's

1935
01:19:55,040 --> 01:19:59,679
use of the property. Correct.

1936
01:19:56,560 --> 01:20:03,199
» Right. There's the various tenants with

1937
01:19:59,679 --> 01:20:07,120
various hours. Um, so there there even

1938
01:20:03,199 --> 01:20:10,080
if it's all occupied, there's still 70

1939
01:20:07,120 --> 01:20:11,040
76 extra spaces per the regulation.

1940
01:20:10,080 --> 01:20:12,560
» Thank you very much.

1941
01:20:11,040 --> 01:20:15,920
» You're welcome.

1942
01:20:12,560 --> 01:20:17,440
» Any other questions about John?

1943
01:20:15,920 --> 01:20:19,199
» Thanks for coming in tonight, Mr.

1944
01:20:17,440 --> 01:20:21,520
Wickle. I'm just a little confused. I've

1945
01:20:19,199 --> 01:20:25,040
never seen anything like this. There

1946
01:20:21,520 --> 01:20:27,280
seems to be a kit that was provided for

1947
01:20:25,040 --> 01:20:30,800
this entire

1948
01:20:27,280 --> 01:20:34,640
floor containing like a merrygoround and

1949
01:20:30,800 --> 01:20:39,040
» Yeah, a lot of it um is kind of u uh

1950
01:20:34,640 --> 01:20:41,679
graphic. Um but the the facility that

1951
01:20:39,040 --> 01:20:44,719
she's purchasing is is pre-manufactured

1952
01:20:41,679 --> 01:20:46,800
and certified uh for younger kids. So it

1953
01:20:44,719 --> 01:20:49,360
yeah, it kind of it comes in, if I'm not

1954
01:20:46,800 --> 01:20:51,760
mistaken, and you and you assemble it.

1955
01:20:49,360 --> 01:20:55,760
Um there's floor mats and things that

1956
01:20:51,760 --> 01:20:59,880
give it all the activity and and color.

1957
01:20:55,760 --> 01:20:59,880
» Um um

1958
01:21:00,320 --> 01:21:04,239
» Soft playground.

1959
01:21:01,600 --> 01:21:05,199
» Okay. So, as an architect, you you had

1960
01:21:04,239 --> 01:21:06,880
anything to do with that?

1961
01:21:05,199 --> 01:21:10,400
» Yeah. No, we're just [laughter] we're

1962
01:21:06,880 --> 01:21:13,120
here uh we we surveyed the building um

1963
01:21:10,400 --> 01:21:14,960
and we we identified what was existing

1964
01:21:13,120 --> 01:21:16,719
and what they were going to use. The

1965
01:21:14,960 --> 01:21:18,080
only two walls we're putting in is that

1966
01:21:16,719 --> 01:21:21,120
storage area.

1967
01:21:18,080 --> 01:21:22,960
» Okay. Thank you.

1968
01:21:21,120 --> 01:21:25,840
» Any other questions or comments before

1969
01:21:22,960 --> 01:21:27,760
we open up the public hearing?

1970
01:21:25,840 --> 01:21:29,199
Seeing none, this is a public hearing.

1971
01:21:27,760 --> 01:21:31,199
So, if anyone would like to speak to

1972
01:21:29,199 --> 01:21:34,199
this issue, please come up to the

1973
01:21:31,199 --> 01:21:34,199
podium.

1974
01:21:42,400 --> 01:21:44,719
» State your name and address for the

1975
01:21:43,840 --> 01:21:47,280
board.

1976
01:21:44,719 --> 01:21:49,600
» Sarah Brmley, 27 Norway Street. I have

1977
01:21:47,280 --> 01:21:52,560
only seen the plans for a few minutes.

1978
01:21:49,600 --> 01:21:54,639
Um, I commend I think that that children

1979
01:21:52,560 --> 01:21:57,040
need indoor space, need outdoor space.

1980
01:21:54,639 --> 01:21:59,600
They need to be able to move. Uh, and

1981
01:21:57,040 --> 01:22:01,520
especially with climate climate change,

1982
01:21:59,600 --> 01:22:03,199
we need to be planning for more indoor

1983
01:22:01,520 --> 01:22:07,199
play spaces where children can really

1984
01:22:03,199 --> 01:22:09,520
use their large muscles. Um, I not sure

1985
01:22:07,199 --> 01:22:12,560
the the plan that I've seen has

1986
01:22:09,520 --> 01:22:14,800
sufficient like plan for using those

1987
01:22:12,560 --> 01:22:18,719
large muscles. It looks like a lot of

1988
01:22:14,800 --> 01:22:21,600
small areas where children won't really

1989
01:22:18,719 --> 01:22:23,520
be able to run, jump, play the way they

1990
01:22:21,600 --> 01:22:26,159
would be able to outside. So, I guess I

1991
01:22:23,520 --> 01:22:28,480
was a little disappointed that it's so

1992
01:22:26,159 --> 01:22:30,400
gendery color kind of thing like a

1993
01:22:28,480 --> 01:22:33,199
carnival instead when it could have been

1994
01:22:30,400 --> 01:22:35,040
like wow really like nature like rock

1995
01:22:33,199 --> 01:22:37,760
climbing walls and and I kind of like

1996
01:22:35,040 --> 01:22:39,760
that kind of vibe. That's just me. But

1997
01:22:37,760 --> 01:22:41,760
one thing if it's a soft thing I'm as a

1998
01:22:39,760 --> 01:22:43,679
preschool teacher I'd be concerned about

1999
01:22:41,760 --> 01:22:45,280
how you're going to keep that really

2000
01:22:43,679 --> 01:22:46,560
clean

2001
01:22:45,280 --> 01:22:49,040
and I don't know if any of these things

2002
01:22:46,560 --> 01:22:51,440
are things that are your pervey you know

2003
01:22:49,040 --> 01:22:53,280
if it's a safety health and thing or how

2004
01:22:51,440 --> 01:22:56,480
the how much parking is the stuff that

2005
01:22:53,280 --> 01:23:00,400
that's what you all decide so this may

2006
01:22:56,480 --> 01:23:02,080
none of this may be relevant um but I

2007
01:23:00,400 --> 01:23:05,120
just there's some things on that that I

2008
01:23:02,080 --> 01:23:07,920
think are are concerning you know I I

2009
01:23:05,120 --> 01:23:10,320
just wish we p had more indoor space

2010
01:23:07,920 --> 01:23:13,840
where kids can move more than in those

2011
01:23:10,320 --> 01:23:15,920
small areas. Um,

2012
01:23:13,840 --> 01:23:17,760
but whatever. People do need things to

2013
01:23:15,920 --> 01:23:19,440
do with their kids. It's a, you know,

2014
01:23:17,760 --> 01:23:21,199
they don't always have, not all kids

2015
01:23:19,440 --> 01:23:24,480
have money and parents have money to

2016
01:23:21,199 --> 01:23:25,040
take them to a paid place. So, anyway,

2017
01:23:24,480 --> 01:23:27,840
thank you.

2018
01:23:25,040 --> 01:23:31,120
» Thank you.

2019
01:23:27,840 --> 01:23:33,840
» Ball pits. Oh my gosh.

2020
01:23:31,120 --> 01:23:35,840
Any

2021
01:23:33,840 --> 01:23:39,600
um

2022
01:23:35,840 --> 01:23:42,400
any other comments from the public?

2023
01:23:39,600 --> 01:23:45,440
Seeing none, without exception,

2024
01:23:42,400 --> 01:23:47,120
we will close the public comment

2025
01:23:45,440 --> 01:23:50,960
section. Are there any other questions

2026
01:23:47,120 --> 01:23:52,880
or comments from the board?

2027
01:23:50,960 --> 01:23:57,199
David, do you want to Did you already

2028
01:23:52,880 --> 01:23:59,600
give your overview? Yes or no? I'm a

2029
01:23:57,199 --> 01:24:02,320
little spacey today. I'm sorry.

2030
01:23:59,600 --> 01:24:05,600
Um, so without objection, we will close

2031
01:24:02,320 --> 01:24:07,360
the public hearing and if there's no

2032
01:24:05,600 --> 01:24:08,800
questions. Did you want to speak to this

2033
01:24:07,360 --> 01:24:10,880
issue, madam?

2034
01:24:08,800 --> 01:24:12,719
» Yes.

2035
01:24:10,880 --> 01:24:14,159
» Well, can we open up the public hearing

2036
01:24:12,719 --> 01:24:15,760
to let this woman speak? Yes.

2037
01:24:14,159 --> 01:24:17,440
» I spaced out. I don't know if we closed

2038
01:24:15,760 --> 01:24:20,480
it.

2039
01:24:17,440 --> 01:24:21,760
» Yeah. Thank you for that. And you just

2040
01:24:20,480 --> 01:24:22,800
state your name and address for the

2041
01:24:21,760 --> 01:24:25,600
board. I'd appreciate it.

2042
01:24:22,800 --> 01:24:28,719
» My name is Carol Eaton. I live at 20

2043
01:24:25,600 --> 01:24:31,920
Peekquat Street in Milford.

2044
01:24:28,719 --> 01:24:35,040
And I would like to propose a change, a

2045
01:24:31,920 --> 01:24:38,400
broader zone change.

2046
01:24:35,040 --> 01:24:42,719
We need zones specific rather than based

2047
01:24:38,400 --> 01:24:44,560
on lot size. Um, and the reason I'm

2048
01:24:42,719 --> 01:24:46,560
doing this is because I feel that some

2049
01:24:44,560 --> 01:24:50,000
of the people that have lived here for

2050
01:24:46,560 --> 01:24:52,159
many years and have, you know, they have

2051
01:24:50,000 --> 01:24:54,159
their homes here and some of them would

2052
01:24:52,159 --> 01:24:59,120
like to put a small maybe a small

2053
01:24:54,159 --> 01:25:02,800
cottage in the back, a small um

2054
01:24:59,120 --> 01:25:06,080
home maybe for elderly people that that

2055
01:25:02,800 --> 01:25:08,400
are in your family or maybe for um nurse

2056
01:25:06,080 --> 01:25:10,480
cares and nurse to take care of people

2057
01:25:08,400 --> 01:25:13,440
and maybe for a child that doesn't have

2058
01:25:10,480 --> 01:25:17,120
a place to live or maybe a rental. So I

2059
01:25:13,440 --> 01:25:19,280
feel that we have paid for our land and

2060
01:25:17,120 --> 01:25:21,760
we should be able to use it that way.

2061
01:25:19,280 --> 01:25:24,560
I'm sorry, ma'am, but the need to be

2062
01:25:21,760 --> 01:25:26,560
speak to this issue that's in front of

2063
01:25:24,560 --> 01:25:29,760
the board and we do have an ADU

2064
01:25:26,560 --> 01:25:32,560
regulation that will affect that. But if

2065
01:25:29,760 --> 01:25:34,719
you call uh David's office, he can

2066
01:25:32,560 --> 01:25:36,960
explain what regulations we have and

2067
01:25:34,719 --> 01:25:39,040
what procedures we have. If you want to

2068
01:25:36,960 --> 01:25:41,600
change the zoning reg, you're allowed to

2069
01:25:39,040 --> 01:25:43,679
do that by making an application and

2070
01:25:41,600 --> 01:25:46,320
come in in front of the board yourself,

2071
01:25:43,679 --> 01:25:47,199
but not but not during someone else's

2072
01:25:46,320 --> 01:25:49,920
application.

2073
01:25:47,199 --> 01:25:51,760
» Oh, I'm sorry. That's okay. I appreciate

2074
01:25:49,920 --> 01:25:54,159
your No, I appreciate you wanting to be

2075
01:25:51,760 --> 01:25:56,560
involved, but give uh David's office a

2076
01:25:54,159 --> 01:25:58,800
call and he'll walk you through and

2077
01:25:56,560 --> 01:25:59,760
he'll help you get what you want to say

2078
01:25:58,800 --> 01:26:00,480
out there.

2079
01:25:59,760 --> 01:26:01,520
» Okay. Thank you.

2080
01:26:00,480 --> 01:26:04,239
» All right. Thank you, ma'am.

2081
01:26:01,520 --> 01:26:07,520
» Bye.

2082
01:26:04,239 --> 01:26:09,199
» Um so again, we'll with uh without

2083
01:26:07,520 --> 01:26:10,880
exception, we'll close the public

2084
01:26:09,199 --> 01:26:13,520
comment and without exception, we'll

2085
01:26:10,880 --> 01:26:15,360
close the public hearing. And I'd hear a

2086
01:26:13,520 --> 01:26:18,719
motion

2087
01:26:15,360 --> 01:26:20,960
» Regarding 260 284 Quarry Road, space C

2088
01:26:18,719 --> 01:26:23,280
through F. I move to approve the

2089
01:26:20,960 --> 01:26:25,280
petition of Haki Akaya for a special

2090
01:26:23,280 --> 01:26:29,600
exception to operate an indoors children

2091
01:26:25,280 --> 01:26:33,679
playground on map 091, block 807, parcel

2092
01:26:29,600 --> 01:26:36,080
1, of which LM Quarry Road 2 LLC is the

2093
01:26:33,679 --> 01:26:37,600
owner.

2094
01:26:36,080 --> 01:26:40,800
We have a motion and a second. Any

2095
01:26:37,600 --> 01:26:42,960
discussion on the motion?

2096
01:26:40,800 --> 01:26:46,080
Seeing none, would if you would please

2097
01:26:42,960 --> 01:26:47,199
call the vote.

2098
01:26:46,080 --> 01:26:49,040
» Mr. Agnesi

2099
01:26:47,199 --> 01:26:50,239
» With the motion.

2100
01:26:49,040 --> 01:26:51,679
» Mr. Anderson

2101
01:26:50,239 --> 01:26:52,800
» With the motion.

2102
01:26:51,679 --> 01:26:54,159
» Mr. Fermener

2103
01:26:52,800 --> 01:26:55,280
» With the motion.

2104
01:26:54,159 --> 01:26:56,400
» Mr. Collegian

2105
01:26:55,280 --> 01:26:57,360
» With the motion.

2106
01:26:56,400 --> 01:26:58,480
» Mr. Matia

2107
01:26:57,360 --> 01:26:59,520
» With the motion.

2108
01:26:58,480 --> 01:27:00,719
» Mr. Mortimer

2109
01:26:59,520 --> 01:27:01,840
» With the motion.

2110
01:27:00,719 --> 01:27:02,800
» Mr. Sadi

2111
01:27:01,840 --> 01:27:04,320
» With the motion.

2112
01:27:02,800 --> 01:27:05,520
» Mr. Zaheres

2113
01:27:04,320 --> 01:27:06,719
» With the motion.

2114
01:27:05,520 --> 01:27:07,360
» Chairman Ques

2115
01:27:06,719 --> 01:27:09,360
» Also

2116
01:27:07,360 --> 01:27:12,719
» Also with the motion. and wish you good

2117
01:27:09,360 --> 01:27:14,880
luck with your project.

2118
01:27:12,719 --> 01:27:18,000
Next order

2119
01:27:14,880 --> 01:27:19,920
the next order of business is petition

2120
01:27:18,000 --> 01:27:23,040
of the city of Milford for a proposed

2121
01:27:19,920 --> 01:27:25,679
regulation change to existing CDD2

2122
01:27:23,040 --> 01:27:27,600
zoning regulations for the city section

2123
01:27:25,679 --> 01:27:30,560
3.1.7.

2124
01:27:27,600 --> 01:27:33,840
So, as a little background, we did make

2125
01:27:30,560 --> 01:27:36,159
an alteration to the CDD2

2126
01:27:33,840 --> 01:27:40,400
um some months ago, and it turns out

2127
01:27:36,159 --> 01:27:45,280
that as we looked at its effect and

2128
01:27:40,400 --> 01:27:47,760
potential effect on the uh

2129
01:27:45,280 --> 01:27:50,159
on the zone, it it seemed to have fallen

2130
01:27:47,760 --> 01:27:55,280
short. So there had been some effort to

2131
01:27:50,159 --> 01:27:59,120
to make some adjustments to that to meet

2132
01:27:55,280 --> 01:28:02,000
the goals that we were trying to achieve

2133
01:27:59,120 --> 01:28:04,639
um in a more effective way. So if David

2134
01:28:02,000 --> 01:28:06,960
if you would give us an overview, I'd

2135
01:28:04,639 --> 01:28:12,560
appreciate it.

2136
01:28:06,960 --> 01:28:17,920
» Sure. So when we discussed um fix fixing

2137
01:28:12,560 --> 01:28:22,159
the regulations uh from our last fix um

2138
01:28:17,920 --> 01:28:25,199
we realized and we acknowledged that um

2139
01:28:22,159 --> 01:28:27,840
downtown uh the zoning in downtown uh is

2140
01:28:25,199 --> 01:28:30,159
considered very successful. Um, I don't

2141
01:28:27,840 --> 01:28:33,360
think you'll find anyone in in town who

2142
01:28:30,159 --> 01:28:36,480
uh dislikes uh any of the uh development

2143
01:28:33,360 --> 01:28:40,080
that has occurred downtown over uh the

2144
01:28:36,480 --> 01:28:42,960
past several decades. Uh taking it from

2145
01:28:40,080 --> 01:28:45,679
uh the the the

2146
01:28:42,960 --> 01:28:48,719
less than desirable uh place it had

2147
01:28:45,679 --> 01:28:52,400
become after the mall opened uh to uh

2148
01:28:48,719 --> 01:28:56,400
this vibrant um

2149
01:28:52,400 --> 01:29:01,120
center of the community. Um so using

2150
01:28:56,400 --> 01:29:02,719
that as the uh uh basis uh for uh

2151
01:29:01,120 --> 01:29:05,520
rejuvenation

2152
01:29:02,719 --> 01:29:09,679
um the thinking is uh and the proposal

2153
01:29:05,520 --> 01:29:14,320
is to uh basically transfer uh those

2154
01:29:09,679 --> 01:29:16,880
regulations uh into Debon. Uh Debon uh

2155
01:29:14,320 --> 01:29:19,040
was uh once upon a time a secondary

2156
01:29:16,880 --> 01:29:21,600
downtown back at the turn of the last

2157
01:29:19,040 --> 01:29:24,400
century. uh they, you know, with its uh

2158
01:29:21,600 --> 01:29:26,239
with its trolley line and the uh the

2159
01:29:24,400 --> 01:29:29,280
amusement park and the the summer

2160
01:29:26,239 --> 01:29:32,800
activities, it was it was truly a uh

2161
01:29:29,280 --> 01:29:34,639
multi- uh uh use uh area just like

2162
01:29:32,800 --> 01:29:39,199
downtown.

2163
01:29:34,639 --> 01:29:42,239
Uh the the lots that uh we have in Devon

2164
01:29:39,199 --> 01:29:45,600
are very much like downtown. They they

2165
01:29:42,239 --> 01:29:48,159
vary in size from small to large. uh you

2166
01:29:45,600 --> 01:29:52,400
have housing, you have businesses of

2167
01:29:48,159 --> 01:29:55,040
various kinds. So again the thinking is

2168
01:29:52,400 --> 01:29:58,800
uh let's basically transplant the

2169
01:29:55,040 --> 01:30:02,000
downtown regulations uh to Devon and we

2170
01:29:58,800 --> 01:30:04,239
have done that uh in this proposal. Uh

2171
01:30:02,000 --> 01:30:08,400
we've also included uh in this

2172
01:30:04,239 --> 01:30:12,159
regulation uh because uh we have to uh

2173
01:30:08,400 --> 01:30:15,520
the uh uh addition of uh the uh

2174
01:30:12,159 --> 01:30:19,600
Connecticut general statutes 25-1 which

2175
01:30:15,520 --> 01:30:21,760
uh we had um uh a special meeting about.

2176
01:30:19,600 --> 01:30:25,840
Uh so those regulations are incorporated

2177
01:30:21,760 --> 01:30:27,520
into this um you know which allows u

2178
01:30:25,840 --> 01:30:30,719
middle what's called middle housing to

2179
01:30:27,520 --> 01:30:33,120
be developed and that um will be having

2180
01:30:30,719 --> 01:30:36,560
to change in all the zones uh that are

2181
01:30:33,120 --> 01:30:40,320
residential um uh and I'm sorry that are

2182
01:30:36,560 --> 01:30:41,920
commercial um and Devon is a a

2183
01:30:40,320 --> 01:30:45,520
considered a commercial and residential

2184
01:30:41,920 --> 01:30:49,600
zone. So what that uh means is that uh

2185
01:30:45,520 --> 01:30:52,800
now um anybody who has a commercial

2186
01:30:49,600 --> 01:30:57,360
property can keep it commercial or they

2187
01:30:52,800 --> 01:31:00,000
can convert it uh to um two between two

2188
01:30:57,360 --> 01:31:02,960
and nine units of housing and that's as

2189
01:31:00,000 --> 01:31:04,560
of right uh doesn't even matter well it

2190
01:31:02,960 --> 01:31:06,960
matters what our zoning says because we

2191
01:31:04,560 --> 01:31:10,639
can have standards um so we do have

2192
01:31:06,960 --> 01:31:15,040
standards for housing as we we have um

2193
01:31:10,639 --> 01:31:18,159
but it's an as of right project. Um, and

2194
01:31:15,040 --> 01:31:21,120
the uh statutes allow the planning and

2195
01:31:18,159 --> 01:31:25,840
zoning board uh sort of uh two ways of

2196
01:31:21,120 --> 01:31:27,760
of uh approving it. Um, one is we could

2197
01:31:25,840 --> 01:31:30,239
handle it just like we do now with site

2198
01:31:27,760 --> 01:31:33,520
plan review and every one of those uh

2199
01:31:30,239 --> 01:31:36,880
conversions uh comes to the board or

2200
01:31:33,520 --> 01:31:39,360
because um you have to approve it. Um

2201
01:31:36,880 --> 01:31:41,840
you can allow staff to do it and you

2202
01:31:39,360 --> 01:31:44,159
know the in staff doing it we would just

2203
01:31:41,840 --> 01:31:46,239
be following the regulations because

2204
01:31:44,159 --> 01:31:49,760
that's that's the standard that has to

2205
01:31:46,239 --> 01:31:53,120
be uh in place. Um and that's that part

2206
01:31:49,760 --> 01:31:56,480
of the proposal. You you have to uh give

2207
01:31:53,120 --> 01:31:58,000
some indication uh tonight um which way

2208
01:31:56,480 --> 01:32:00,320
you want to go. And that's that's the

2209
01:31:58,000 --> 01:32:01,760
part that's in red where it says under

2210
01:32:00,320 --> 01:32:04,159
at the beginning middle housing

2211
01:32:01,760 --> 01:32:08,400
allowable by summary review. Um it's

2212
01:32:04,159 --> 01:32:10,560
it's in red because um you need to

2213
01:32:08,400 --> 01:32:12,719
basically decide do you do you want to

2214
01:32:10,560 --> 01:32:14,880
see them or do you want staff to handle

2215
01:32:12,719 --> 01:32:16,560
them? Well, I think that's going to be

2216
01:32:14,880 --> 01:32:19,760
something that we almost handle

2217
01:32:16,560 --> 01:32:24,000
separately from CDD 2 is that we just

2218
01:32:19,760 --> 01:32:26,080
say now or soon or whenever that across

2219
01:32:24,000 --> 01:32:27,280
the board. I don't think we'll change it

2220
01:32:26,080 --> 01:32:30,159
zone by zone by zone.

2221
01:32:27,280 --> 01:32:33,760
» Oh, right. So, it's it's sort of a

2222
01:32:30,159 --> 01:32:36,000
separate motion to say all 25-1s

2223
01:32:33,760 --> 01:32:40,639
will be handled either over the counter

2224
01:32:36,000 --> 01:32:44,000
or by site plan review processes. So,

2225
01:32:40,639 --> 01:32:47,600
yes, but the only regulation before you

2226
01:32:44,000 --> 01:32:49,440
tonight is is is this one. We'll be

2227
01:32:47,600 --> 01:32:51,600
submitting to you. We're going to have

2228
01:32:49,440 --> 01:32:54,960
to submit to you all of the rest of the

2229
01:32:51,600 --> 01:32:56,880
regulations where uh 25-1, you know,

2230
01:32:54,960 --> 01:33:00,080
affects it. And there was a list, as you

2231
01:32:56,880 --> 01:33:01,760
you may recall. Um so, you'll have the

2232
01:33:00,080 --> 01:33:04,239
actual text in front of you showing you

2233
01:33:01,760 --> 01:33:05,520
where it's inserted into each of the

2234
01:33:04,239 --> 01:33:07,920
commercial zones that we have.

2235
01:33:05,520 --> 01:33:12,480
» We can't do that with one broad brush.

2236
01:33:07,920 --> 01:33:16,239
No, because we uh advertise this as the

2237
01:33:12,480 --> 01:33:19,520
CDD2 regulation, not the citywide uh

2238
01:33:16,239 --> 01:33:21,440
change to all the um other zones.

2239
01:33:19,520 --> 01:33:23,679
» So then we could do that all the zones

2240
01:33:21,440 --> 01:33:26,000
next meeting and we could leave this

2241
01:33:23,679 --> 01:33:27,520
section TBD

2242
01:33:26,000 --> 01:33:29,360
» For this application.

2243
01:33:27,520 --> 01:33:30,480
» No, because

2244
01:33:29,360 --> 01:33:33,920
» Yes, we can.

2245
01:33:30,480 --> 01:33:36,000
» No, you can't. And I will explain why.

2246
01:33:33,920 --> 01:33:40,639
boy, it's all about rules and

2247
01:33:36,000 --> 01:33:44,239
regulations. So, we are required to send

2248
01:33:40,639 --> 01:33:46,960
out any zoning amendments to the state

2249
01:33:44,239 --> 01:33:50,719
and to the councils of governments for

2250
01:33:46,960 --> 01:33:53,760
their comments and the state has 35 days

2251
01:33:50,719 --> 01:33:56,480
to get back to us with their comments.

2252
01:33:53,760 --> 01:33:56,960
So, we can't do this at the next

2253
01:33:56,480 --> 01:33:59,120
meeting.

2254
01:33:56,960 --> 01:34:01,040
» Okay, so the next meeting is out, but we

2255
01:33:59,120 --> 01:34:03,280
can do it at a future meeting where we

2256
01:34:01,040 --> 01:34:04,480
can do a broad brush for the whole city.

2257
01:34:03,280 --> 01:34:05,920
We could. Yes,

2258
01:34:04,480 --> 01:34:07,920
» Let's do that.

2259
01:34:05,920 --> 01:34:08,159
» What about the rest of the regulations

2260
01:34:07,920 --> 01:34:09,840
that

2261
01:34:08,159 --> 01:34:12,400
» Well, we could just we could just take

2262
01:34:09,840 --> 01:34:16,199
that language out of this and add it in

2263
01:34:12,400 --> 01:34:16,199
when we do the broad brush.

2264
01:34:19,040 --> 01:34:22,000
» Okay. So,

2265
01:34:20,239 --> 01:34:24,400
» So we could approve this without any

2266
01:34:22,000 --> 01:34:26,639
language to 255.

2267
01:34:24,400 --> 01:34:27,840
» I would not recommend that because

2268
01:34:26,639 --> 01:34:29,360
» Well, I'm not asking you a

2269
01:34:27,840 --> 01:34:32,320
recommendation. I'm saying that we can

2270
01:34:29,360 --> 01:34:34,400
do it legally. So this is what this is

2271
01:34:32,320 --> 01:34:37,040
what's going to occur if you do that

2272
01:34:34,400 --> 01:34:40,159
though someone someone could potentially

2273
01:34:37,040 --> 01:34:42,239
walk in tomorrow you know with one of

2274
01:34:40,159 --> 01:34:44,000
these and

2275
01:34:42,239 --> 01:34:44,400
» Well the same with any other zone

2276
01:34:44,000 --> 01:34:45,679
» That

2277
01:34:44,400 --> 01:34:48,679
» They could walk in so the same

2278
01:34:45,679 --> 01:34:48,679
circumstanc

2279
01:34:52,239 --> 01:34:54,719
» Yeah I mean

2280
01:34:53,120 --> 01:34:58,560
» Okay

2281
01:34:54,719 --> 01:35:00,560
» It just seems to me that we uh

2282
01:34:58,560 --> 01:35:03,280
it seems quite redundant didn't have to

2283
01:35:00,560 --> 01:35:05,199
do it in 12 different zones. So anyway,

2284
01:35:03,280 --> 01:35:08,719
we didn't we didn't plan it well enough.

2285
01:35:05,199 --> 01:35:10,560
Um but that being said, I'll leave it up

2286
01:35:08,719 --> 01:35:12,880
to the board to decide whenever they

2287
01:35:10,560 --> 01:35:15,760
make an emotion if they want to include

2288
01:35:12,880 --> 01:35:18,960
it. And another thing is I think that uh

2289
01:35:15,760 --> 01:35:20,960
the language for boutique hotels should

2290
01:35:18,960 --> 01:35:23,920
be stricken just to say boutique hotels

2291
01:35:20,960 --> 01:35:28,000
and no description of anything that

2292
01:35:23,920 --> 01:35:31,600
could be considered um discretionary you

2293
01:35:28,000 --> 01:35:33,760
know fitting in with whatever

2294
01:35:31,600 --> 01:35:35,280
» Just under 50 units.

2295
01:35:33,760 --> 01:35:35,840
» So

2296
01:35:35,280 --> 01:35:37,280
okay so

2297
01:35:35,840 --> 01:35:39,360
» That's the definition of boutique hotels

2298
01:35:37,280 --> 01:35:41,360
under 50 50 or under.

2299
01:35:39,360 --> 01:35:43,360
» That's your definition. No, that's the

2300
01:35:41,360 --> 01:35:47,120
one that I want to vote on tonight.

2301
01:35:43,360 --> 01:35:49,040
» Okay. So, you understand that that means

2302
01:35:47,120 --> 01:35:51,040
motel. That means a whole bunch of

2303
01:35:49,040 --> 01:35:52,880
different things. There's no That's why

2304
01:35:51,040 --> 01:35:55,120
we we need to come up with the standard

2305
01:35:52,880 --> 01:35:56,880
if we're going to have boutique hotel,

2306
01:35:55,120 --> 01:35:58,639
just like we have standards for hotels

2307
01:35:56,880 --> 01:36:00,639
that are long-term stay and not

2308
01:35:58,639 --> 01:36:03,120
long-term stay. You know, if you just

2309
01:36:00,639 --> 01:36:06,880
want to allow hotels, we we allow hotels

2310
01:36:03,120 --> 01:36:10,560
in certain zones. So I'm just I'm just

2311
01:36:06,880 --> 01:36:12,239
I'm just including it because of the

2312
01:36:10,560 --> 01:36:15,280
discussion the subcommittee had.

2313
01:36:12,239 --> 01:36:18,320
» But as the discussion recently was that

2314
01:36:15,280 --> 01:36:23,080
we can't have too much in there that is

2315
01:36:18,320 --> 01:36:23,080
discretionary. Um and

2316
01:36:23,199 --> 01:36:26,719
we can go back to the language.

2317
01:36:25,040 --> 01:36:29,120
» Oh I'm not saying the language is great.

2318
01:36:26,719 --> 01:36:30,639
No. Yeah. I'm just I'm throwing just

2319
01:36:29,120 --> 01:36:31,920
something out there to have you folks

2320
01:36:30,639 --> 01:36:34,000
think about the language. And clear

2321
01:36:31,920 --> 01:36:37,199
clearly you've done that which is great.

2322
01:36:34,000 --> 01:36:39,600
Um, but if you know I think if you were

2323
01:36:37,199 --> 01:36:41,280
to ask you know I don't know how many

2324
01:36:39,600 --> 01:36:43,199
people what they think a boutique hotel

2325
01:36:41,280 --> 01:36:44,639
is you you may get you know a bunch of

2326
01:36:43,199 --> 01:36:47,520
different answers. So

2327
01:36:44,639 --> 01:36:52,320
» Yeah but we we're not looking for a

2328
01:36:47,520 --> 01:36:54,159
design standard like uh fashionable

2329
01:36:52,320 --> 01:36:55,520
um uniquely styled. It's just like

2330
01:36:54,159 --> 01:36:57,760
anybody can have a different opinion on

2331
01:36:55,520 --> 01:37:02,320
that. That's emphasizing personalized

2332
01:36:57,760 --> 01:37:07,920
services distinctive design. This is too

2333
01:37:02,320 --> 01:37:12,119
um yeah, it's too much like fodder for

2334
01:37:07,920 --> 01:37:12,119
argument. Um

2335
01:37:16,320 --> 01:37:22,560
yeah, I mean I would I would take any

2336
01:37:18,719 --> 01:37:25,600
suggestions from anybody um uh on on how

2337
01:37:22,560 --> 01:37:27,520
to do it. Um, I'm thinking

2338
01:37:25,600 --> 01:37:29,679
uh

2339
01:37:27,520 --> 01:37:33,199
fitting in with the neighborhood. I

2340
01:37:29,679 --> 01:37:34,800
don't know. Under 50 kind of precludes a

2341
01:37:33,199 --> 01:37:36,719
standard

2342
01:37:34,800 --> 01:37:38,639
uh hotel.

2343
01:37:36,719 --> 01:37:42,320
Um,

2344
01:37:38,639 --> 01:37:44,960
but again, we're trying to promote

2345
01:37:42,320 --> 01:37:50,880
business activity. Uh so that that could

2346
01:37:44,960 --> 01:37:53,199
be um a good thing for for Devon getting

2347
01:37:50,880 --> 01:37:55,520
people there to spend money at their

2348
01:37:53,199 --> 01:37:58,880
hotel and at the restaurants and enjoy

2349
01:37:55,520 --> 01:38:00,159
the beach and the different shops and

2350
01:37:58,880 --> 01:38:01,440
stuff. So

2351
01:38:00,159 --> 01:38:03,199
» Can I make a suggestion?

2352
01:38:01,440 --> 01:38:05,040
» Sure.

2353
01:38:03,199 --> 01:38:06,880
» Um it sounds like you just described you

2354
01:38:05,040 --> 01:38:08,560
want a hotel and we do have a definition

2355
01:38:06,880 --> 01:38:13,920
for hotels in here. So if you just want

2356
01:38:08,560 --> 01:38:16,400
to add hotel as a new use in that zone.

2357
01:38:13,920 --> 01:38:20,480
Good enough for me. Then under 50 keeps

2358
01:38:16,400 --> 01:38:24,719
it from being egregious in size.

2359
01:38:20,480 --> 01:38:26,560
» If 50 if 35 is the better number, that

2360
01:38:24,719 --> 01:38:29,280
could be discussed as well. But

2361
01:38:26,560 --> 01:38:32,560
» Yeah, I I I I don't know anything about

2362
01:38:29,280 --> 01:38:34,480
the viability of hotel numbers, whether

2363
01:38:32,560 --> 01:38:36,480
it's 30, you know, what whatever makes

2364
01:38:34,480 --> 01:38:39,440
something viable or not. Um

2365
01:38:36,480 --> 01:38:41,760
» Our our current definition for hotel,

2366
01:38:39,440 --> 01:38:44,000
you know, just I can read it to you. Um,

2367
01:38:41,760 --> 01:38:45,920
a port a building or a portion thereof

2368
01:38:44,000 --> 01:38:47,840
which has um a common entrance and

2369
01:38:45,920 --> 01:38:49,760
common heating system and which contains

2370
01:38:47,840 --> 01:38:51,679
one or more rooming units designed to be

2371
01:38:49,760 --> 01:38:54,000
occupied by individuals or groups of

2372
01:38:51,679 --> 01:38:55,920
individuals for compensation and

2373
01:38:54,000 --> 01:38:58,800
including such businesses as may be

2374
01:38:55,920 --> 01:39:00,880
incidental uh thereto for the sole

2375
01:38:58,800 --> 01:39:02,719
convenience of the occupants. For the

2376
01:39:00,880 --> 01:39:05,920
purposes of these regulations, a hotel

2377
01:39:02,719 --> 01:39:08,080
shall include a tourist home and then we

2378
01:39:05,920 --> 01:39:10,960
go on to define what an extended stay

2379
01:39:08,080 --> 01:39:12,800
hotel is. So, um,

2380
01:39:10,960 --> 01:39:15,119
» Yeah, I mean that's fine. And then and

2381
01:39:12,800 --> 01:39:16,639
as long as it can be part of a mixed use

2382
01:39:15,119 --> 01:39:18,719
so that if there's a restaurant as part

2383
01:39:16,639 --> 01:39:22,560
of it that's not exclusively used for

2384
01:39:18,719 --> 01:39:25,840
the occupants of the hotel, then it

2385
01:39:22,560 --> 01:39:28,480
would satisfy the intent of bringing

2386
01:39:25,840 --> 01:39:29,920
business to the area.

2387
01:39:28,480 --> 01:39:30,719
» Well, then you need a different

2388
01:39:29,920 --> 01:39:32,719
definition.

2389
01:39:30,719 --> 01:39:35,280
» Okay. You just need to strike those two

2390
01:39:32,719 --> 01:39:38,639
words for or those words that say for

2391
01:39:35,280 --> 01:39:43,520
exclusive ancillary use for exclusive

2392
01:39:38,639 --> 01:39:47,560
use of the hotel guests. Just need to

2393
01:39:43,520 --> 01:39:47,560
strike those that language.

2394
01:39:55,199 --> 01:40:00,880
So, we would strike um the words uh for

2395
01:39:58,719 --> 01:40:03,880
the sole convenience of the occupants.

2396
01:40:00,880 --> 01:40:03,880
» Yep.

2397
01:40:04,320 --> 01:40:07,800
» That's the intent.

2398
01:40:13,040 --> 01:40:16,960
But that's being said, I'd open up the

2399
01:40:14,800 --> 01:40:17,440
floor to anyone who has questions or

2400
01:40:16,960 --> 01:40:20,800
comments.

2401
01:40:17,440 --> 01:40:23,040
» Are we just adding the red line?

2402
01:40:20,800 --> 01:40:24,480
» No, no, it's the whole section that's in

2403
01:40:23,040 --> 01:40:27,040
there. We can we can walk through it.

2404
01:40:24,480 --> 01:40:28,800
that that was like the the the big the

2405
01:40:27,040 --> 01:40:30,960
big item that you know I thought the

2406
01:40:28,800 --> 01:40:33,440
board needed to you know provide some

2407
01:40:30,960 --> 01:40:37,920
you know important input on. Um the rest

2408
01:40:33,440 --> 01:40:40,719
of it are u regulations uh that again

2409
01:40:37,920 --> 01:40:42,159
mirror uh the ones from downtown that

2410
01:40:40,719 --> 01:40:44,800
you know where we didn't have them in

2411
01:40:42,159 --> 01:40:49,520
here we've added them in here. Um and

2412
01:40:44,800 --> 01:40:52,320
then we um have we we kept uh some of

2413
01:40:49,520 --> 01:40:55,040
the language that we had previously.

2414
01:40:52,320 --> 01:40:57,840
Uh, and then there's a bonus in here

2415
01:40:55,040 --> 01:41:00,239
for, you know, if um someone wanted to

2416
01:40:57,840 --> 01:41:02,800
do an 830G, they could go up a little

2417
01:41:00,239 --> 01:41:06,159
higher. Uh, but other than that, we

2418
01:41:02,800 --> 01:41:10,960
added uh some extra uses uh like

2419
01:41:06,159 --> 01:41:16,080
boutique hotels. Um and we the big the

2420
01:41:10,960 --> 01:41:17,760
big change in here uh is uh tying it to

2421
01:41:16,080 --> 01:41:21,920
just like downtown having design

2422
01:41:17,760 --> 01:41:26,080
guidelines. Um and uh you know tying the

2423
01:41:21,920 --> 01:41:29,119
developments to section 514 and 516 of

2424
01:41:26,080 --> 01:41:30,719
the regulations which are uh design uh

2425
01:41:29,119 --> 01:41:32,400
that's the design section of our

2426
01:41:30,719 --> 01:41:36,320
regulations.

2427
01:41:32,400 --> 01:41:39,440
and um adding some prohibited uses. And

2428
01:41:36,320 --> 01:41:42,000
this is this is the big one. Um uh the

2429
01:41:39,440 --> 01:41:44,719
the the change in character that uh

2430
01:41:42,000 --> 01:41:48,960
people are looking for uh in that zone.

2431
01:41:44,719 --> 01:41:51,760
Uh you know would it would involve um uh

2432
01:41:48,960 --> 01:41:54,000
the prohibition and of uh commercial

2433
01:41:51,760 --> 01:41:56,639
garages and gasoline stations and repair

2434
01:41:54,000 --> 01:41:58,560
facilities um and the like which are in

2435
01:41:56,639 --> 01:42:01,920
that zone. the ones that are there can

2436
01:41:58,560 --> 01:42:04,560
stay uh but it would render them u uh

2437
01:42:01,920 --> 01:42:08,080
pre-existing legal non-conforming so

2438
01:42:04,560 --> 01:42:11,840
they wouldn't be able to u expand uh and

2439
01:42:08,080 --> 01:42:13,679
when that use goes away it goes away and

2440
01:42:11,840 --> 01:42:16,679
that mirrors uh the language for

2441
01:42:13,679 --> 01:42:16,679
downtown

2442
01:42:18,560 --> 01:42:24,560
» Mr. Chris I have y some questions on

2443
01:42:20,800 --> 01:42:28,080
this too just going to page five which

2444
01:42:24,560 --> 01:42:30,880
is 317.6 6 prohibited uses. Again, this

2445
01:42:28,080 --> 01:42:32,320
is something that I think was changed,

2446
01:42:30,880 --> 01:42:34,560
whatever the reason was, but the first

2447
01:42:32,320 --> 01:42:37,840
thing we see is 317

2448
01:42:34,560 --> 01:42:40,320
6.1 drive-in or drive-thru windows or

2449
01:42:37,840 --> 01:42:41,840
services. We have at least one, if not

2450
01:42:40,320 --> 01:42:43,920
two

2451
01:42:41,840 --> 01:42:46,560
uh establishments already in that

2452
01:42:43,920 --> 01:42:49,199
district. Uh why are we getting rid of

2453
01:42:46,560 --> 01:42:50,960
drive-ins and drive-throughs?

2454
01:42:49,199 --> 01:42:52,960
We're getting rid of them just like in

2455
01:42:50,960 --> 01:42:56,239
downtown because they're incompatible

2456
01:42:52,960 --> 01:42:59,040
with uh pedestrian growth. We want to

2457
01:42:56,239 --> 01:43:01,440
have a pedestrian uh you know place

2458
01:42:59,040 --> 01:43:03,119
where we have minimal uh interference

2459
01:43:01,440 --> 01:43:06,000
with the pedestrians going down the

2460
01:43:03,119 --> 01:43:08,880
sidewalk. Downtown is the same way. If

2461
01:43:06,000 --> 01:43:10,800
you want to have uh have a drive-thru,

2462
01:43:08,880 --> 01:43:13,679
you know, do it in a different zone that

2463
01:43:10,800 --> 01:43:15,360
has basically larger parcels.

2464
01:43:13,679 --> 01:43:17,679
» We've already done it and we have a

2465
01:43:15,360 --> 01:43:19,520
four-lane road. I just would disagree

2466
01:43:17,679 --> 01:43:21,360
with that. I just think that it's unfair

2467
01:43:19,520 --> 01:43:23,679
to the businesses that they want to put

2468
01:43:21,360 --> 01:43:26,080
a drive-thru. You got one in the CDD3

2469
01:43:23,679 --> 01:43:28,560
because we go 32 feet. We're at

2470
01:43:26,080 --> 01:43:30,639
McDonald's. So, you know, that's two or

2471
01:43:28,560 --> 01:43:32,159
three. But anyway, just my my view, but

2472
01:43:30,639 --> 01:43:33,679
I think that this has got to be kicked

2473
01:43:32,159 --> 01:43:34,800
down the road, Mr. Chair, because I

2474
01:43:33,679 --> 01:43:37,119
think there's more than we need to look

2475
01:43:34,800 --> 01:43:39,040
at. I also want to make sure that we

2476
01:43:37,119 --> 01:43:41,600
spent an hour and a half or so last week

2477
01:43:39,040 --> 01:43:45,199
or two weeks ago with the consultant

2478
01:43:41,600 --> 01:43:47,679
that every change is specifically found

2479
01:43:45,199 --> 01:43:49,119
in this particular document as it will

2480
01:43:47,679 --> 01:43:50,960
be with the rest of the documents that

2481
01:43:49,119 --> 01:43:52,080
we have as we go through each of the

2482
01:43:50,960 --> 01:43:56,159
districts. We're going to have to change

2483
01:43:52,080 --> 01:43:59,840
those no matter what. Thank you.

2484
01:43:56,159 --> 01:44:01,679
» So, let me be clear. You want more time

2485
01:43:59,840 --> 01:44:02,480
to look at this document?

2486
01:44:01,679 --> 01:44:02,800
» Absolutely.

2487
01:44:02,480 --> 01:44:04,960
» Yeah.

2488
01:44:02,800 --> 01:44:08,560
» Okay. But I think that we have to make

2489
01:44:04,960 --> 01:44:10,480
sure because I remember the um document

2490
01:44:08,560 --> 01:44:13,520
I didn't bring home with me to here

2491
01:44:10,480 --> 01:44:16,960
tonight set forth in some of these items

2492
01:44:13,520 --> 01:44:18,960
that are contained in the CDD too did

2493
01:44:16,960 --> 01:44:19,679
require changes pursuant to the the

2494
01:44:18,960 --> 01:44:20,719
public act.

2495
01:44:19,679 --> 01:44:22,080
» So are you going to have the time

2496
01:44:20,719 --> 01:44:22,560
between now and the next meeting to do

2497
01:44:22,080 --> 01:44:24,159
that?

2498
01:44:22,560 --> 01:44:24,880
» I will do find the time.

2499
01:44:24,159 --> 01:44:25,679
» Okay.

2500
01:44:24,880 --> 01:44:28,560
» Thank you.

2501
01:44:25,679 --> 01:44:30,960
» Then I I mean if if if as far as my

2502
01:44:28,560 --> 01:44:32,320
thinking is if one member needs more

2503
01:44:30,960 --> 01:44:34,480
time to look at something then we should

2504
01:44:32,320 --> 01:44:39,600
give it to him. So, I would entertain a

2505
01:44:34,480 --> 01:44:42,800
motion to um push this down to to the

2506
01:44:39,600 --> 01:44:44,480
next week, next meeting um and give

2507
01:44:42,800 --> 01:44:47,600
everybody a chance to make sure they're

2508
01:44:44,480 --> 01:44:49,440
on board with everything. If there are

2509
01:44:47,600 --> 01:44:52,800
questions and concerns, if you would get

2510
01:44:49,440 --> 01:44:56,400
them to staff prior to the meeting so

2511
01:44:52,800 --> 01:44:59,280
that they can also look at them to see

2512
01:44:56,400 --> 01:45:02,800
um whether or not they concur or if they

2513
01:44:59,280 --> 01:45:05,840
want to make an argument that um that

2514
01:45:02,800 --> 01:45:07,440
may may make it better in the long run

2515
01:45:05,840 --> 01:45:09,840
if it convinces the board and the board

2516
01:45:07,440 --> 01:45:12,880
is making a good decision that I would

2517
01:45:09,840 --> 01:45:18,159
say should not stop us from uh maybe

2518
01:45:12,880 --> 01:45:22,080
including CDD3 with a beginning uh

2519
01:45:18,159 --> 01:45:24,480
process in the full hearing so that that

2520
01:45:22,080 --> 01:45:27,679
document also gets a good look if we can

2521
01:45:24,480 --> 01:45:30,639
get that out before the rest of the

2522
01:45:27,679 --> 01:45:32,480
package for the board to consider. A lot

2523
01:45:30,639 --> 01:45:34,239
of it's going to be the same because

2524
01:45:32,480 --> 01:45:36,000
we're looking at cutting and pasting

2525
01:45:34,239 --> 01:45:38,719
CDD3

2526
01:45:36,000 --> 01:45:40,960
um with some MCDD language so it's

2527
01:45:38,719 --> 01:45:42,480
almost the same. So if we could address

2528
01:45:40,960 --> 01:45:43,840
they're separate issues but if we could

2529
01:45:42,480 --> 01:45:46,400
address them at the same meeting I'd

2530
01:45:43,840 --> 01:45:48,000
appreciate that. that yeah, we we can do

2531
01:45:46,400 --> 01:45:50,159
that. That'll just be farther down the

2532
01:45:48,000 --> 01:45:53,840
road because again, we would still

2533
01:45:50,159 --> 01:45:58,000
whatever language we settle on for the

2534
01:45:53,840 --> 01:45:59,600
CDD3. Um I we just have to circulate it.

2535
01:45:58,000 --> 01:46:00,080
» True. But we could address it at this

2536
01:45:59,600 --> 01:46:01,199
meeting.

2537
01:46:00,080 --> 01:46:02,719
» Oh, yeah. I mean, you can you can you

2538
01:46:01,199 --> 01:46:04,159
can chat about it. Sure. Oh, absolutely.

2539
01:46:02,719 --> 01:46:05,600
» And if and if we get to a point where we

2540
01:46:04,159 --> 01:46:07,199
all agree, we could circulate it at the

2541
01:46:05,600 --> 01:46:07,840
same time. You could circulate more than

2542
01:46:07,199 --> 01:46:08,639
one

2543
01:46:07,840 --> 01:46:09,520
» Oh, sure.

2544
01:46:08,639 --> 01:46:11,360
» Change. Yeah.

2545
01:46:09,520 --> 01:46:13,440
» So, let's include it and let's make sure

2546
01:46:11,360 --> 01:46:16,320
that the language that we're proposing

2547
01:46:13,440 --> 01:46:18,000
is in front of the board before, you

2548
01:46:16,320 --> 01:46:20,719
know, as soon as you can get to it, but

2549
01:46:18,000 --> 01:46:24,159
before we get the full package of um

2550
01:46:20,719 --> 01:46:29,760
Cams and Mr. S's

2551
01:46:24,159 --> 01:46:31,679
fun uh project on Natuck A. Um but so if

2552
01:46:29,760 --> 01:46:35,119
there is objection to kicking this down

2553
01:46:31,679 --> 01:46:37,040
the road, please let me know. Go ahead.

2554
01:46:35,119 --> 01:46:38,800
» I have no objection to kicking down the

2555
01:46:37,040 --> 01:46:40,719
road. I just want to make a point. Uh,

2556
01:46:38,800 --> 01:46:44,000
if we're trying to change the character

2557
01:46:40,719 --> 01:46:45,920
of Devon, I don't I think as far as

2558
01:46:44,000 --> 01:46:50,800
hotels go, the last thing we want to do

2559
01:46:45,920 --> 01:46:52,719
is have a motel move in, such as we've

2560
01:46:50,800 --> 01:46:54,400
had in the past, such as like the Devon

2561
01:46:52,719 --> 01:46:57,360
Motel. I don't think we want to go in

2562
01:46:54,400 --> 01:47:00,159
that direction. The boutique hotel would

2563
01:46:57,360 --> 01:47:03,119
be the direction we want to go in and

2564
01:47:00,159 --> 01:47:04,719
and that um

2565
01:47:03,119 --> 01:47:08,159
so that's just the point I want to make.

2566
01:47:04,719 --> 01:47:11,440
And also if we if we just go with hotels

2567
01:47:08,159 --> 01:47:13,760
that we have in 31766 no hotels or motel

2568
01:47:11,440 --> 01:47:15,840
shall be permitted except in accordance

2569
01:47:13,760 --> 01:47:19,119
with 317311

2570
01:47:15,840 --> 01:47:21,440
which would be just hotels we have to

2571
01:47:19,119 --> 01:47:22,960
» No I that's a good that's a very good

2572
01:47:21,440 --> 01:47:26,080
point that we're going to need some kind

2573
01:47:22,960 --> 01:47:28,239
of direction um on that

2574
01:47:26,080 --> 01:47:30,239
» On the on the bright side I can give

2575
01:47:28,239 --> 01:47:33,280
just

2576
01:47:30,239 --> 01:47:35,920
help you uh sleep tonight and that is

2577
01:47:33,280 --> 01:47:38,880
that uh we do define hotel and motel

2578
01:47:35,920 --> 01:47:41,040
differently and the key the key there is

2579
01:47:38,880 --> 01:47:43,679
the hotel you have the common front door

2580
01:47:41,040 --> 01:47:44,560
going into it where a motel you don't

2581
01:47:43,679 --> 01:47:45,199
have that.

2582
01:47:44,560 --> 01:47:46,560
» Okay.

2583
01:47:45,199 --> 01:47:50,400
» You [clears throat] get the old down and

2584
01:47:46,560 --> 01:47:53,760
out door right in front of your car.

2585
01:47:50,400 --> 01:47:57,520
» Um do you have question?

2586
01:47:53,760 --> 01:48:00,159
» Yeah. So we spent months working on

2587
01:47:57,520 --> 01:48:02,639
those CDD2 regulations. I'm not really

2588
01:48:00,159 --> 01:48:04,800
clear what's being changed here and why

2589
01:48:02,639 --> 01:48:08,080
this did not come through the zoning sub

2590
01:48:04,800 --> 01:48:10,000
or the planning subcommittee.

2591
01:48:08,080 --> 01:48:13,199
» Uh it's an applica it's an application

2592
01:48:10,000 --> 01:48:16,239
of the city. That's why

2593
01:48:13,199 --> 01:48:19,280
» Okay who within the city is applying?

2594
01:48:16,239 --> 01:48:23,040
» It's an application of the city.

2595
01:48:19,280 --> 01:48:23,600
It's the city. It would be the city.

2596
01:48:23,040 --> 01:48:25,040
» Okay.

2597
01:48:23,600 --> 01:48:26,080
» Through David's office.

2598
01:48:25,040 --> 01:48:28,480
» Through through my office.

2599
01:48:26,080 --> 01:48:29,920
» Through your office. Okay. So, it's

2600
01:48:28,480 --> 01:48:30,960
» It's doing an end run around the

2601
01:48:29,920 --> 01:48:32,960
planning subcommittee.

2602
01:48:30,960 --> 01:48:35,440
» No, no, it no it's not. The planning

2603
01:48:32,960 --> 01:48:37,520
subcommittee exists for the board to

2604
01:48:35,440 --> 01:48:39,840
discuss its own regulations and

2605
01:48:37,520 --> 01:48:42,239
applications just as we're being the

2606
01:48:39,840 --> 01:48:44,080
city is acting as an applicant like any

2607
01:48:42,239 --> 01:48:46,000
other public applicant that comes for a

2608
01:48:44,080 --> 01:48:46,960
regulation change. They don't go to the

2609
01:48:46,000 --> 01:48:48,560
subcommittee.

2610
01:48:46,960 --> 01:48:50,159
» Okay. Okay. So,

2611
01:48:48,560 --> 01:48:51,119
» You have to make the decision in the end

2612
01:48:50,159 --> 01:48:53,040
obviously, but

2613
01:48:51,119 --> 01:48:54,560
» Sure. Yeah. Sure. But in the intervening

2614
01:48:53,040 --> 01:48:56,080
time before the next meeting, I I would

2615
01:48:54,560 --> 01:48:58,000
really like to see something more

2616
01:48:56,080 --> 01:49:00,000
specific as to what specifically is

2617
01:48:58,000 --> 01:49:02,800
being changed. What are the shortcomings

2618
01:49:00,000 --> 01:49:04,320
that are being referenced that what were

2619
01:49:02,800 --> 01:49:05,600
what was the issue with the previous

2620
01:49:04,320 --> 01:49:07,840
zoning? What's bringing

2621
01:49:05,600 --> 01:49:09,679
» I could I could answer that.

2622
01:49:07,840 --> 01:49:12,239
» Well, one of the issues was the

2623
01:49:09,679 --> 01:49:14,080
requirement of open space. The

2624
01:49:12,239 --> 01:49:16,480
requirement of open space basically

2625
01:49:14,080 --> 01:49:19,280
killed development because we don't have

2626
01:49:16,480 --> 01:49:24,239
a requirement for open space in in urban

2627
01:49:19,280 --> 01:49:27,760
zones like downtown. Uh you it Devon is

2628
01:49:24,239 --> 01:49:30,320
an urban zone. It's not a suburban zone

2629
01:49:27,760 --> 01:49:34,159
like an RA zone. If you choose to live

2630
01:49:30,320 --> 01:49:36,480
there, then you shouldn't have the uh

2631
01:49:34,159 --> 01:49:39,520
expectation that you're going to have

2632
01:49:36,480 --> 01:49:42,960
open space on your property as as a

2633
01:49:39,520 --> 01:49:47,199
renter. Uh but what you do have in Devon

2634
01:49:42,960 --> 01:49:49,440
is u a one minute ride down to the beach

2635
01:49:47,199 --> 01:49:52,400
or a one minute ride over to one of the

2636
01:49:49,440 --> 01:49:56,400
parks that's there. Um which is which is

2637
01:49:52,400 --> 01:49:59,199
a fabulous uh uh attribute of of Devon.

2638
01:49:56,400 --> 01:50:01,920
But having the requirement that we have

2639
01:49:59,199 --> 01:50:03,840
in the current zones for open space um

2640
01:50:01,920 --> 01:50:08,960
it killed the ability to have any

2641
01:50:03,840 --> 01:50:11,280
density uh of uh on those parcels.

2642
01:50:08,960 --> 01:50:12,480
» All right. Great. Um, all the same, if

2643
01:50:11,280 --> 01:50:14,639
you'd be able to provide us with a

2644
01:50:12,480 --> 01:50:16,880
document just showing, I don't know,

2645
01:50:14,639 --> 01:50:19,280
side by side what's different from what

2646
01:50:16,880 --> 01:50:21,040
we did. Thank you.

2647
01:50:19,280 --> 01:50:24,159
» Good, good comment.

2648
01:50:21,040 --> 01:50:25,679
» Yeah, Mr. Chair, just keep in mind this

2649
01:50:24,159 --> 01:50:27,040
is a public hearing. There's members of

2650
01:50:25,679 --> 01:50:29,600
the public to question. We want to have

2651
01:50:27,040 --> 01:50:32,080
them be heard tonight. We wait two, two

2652
01:50:29,600 --> 01:50:35,080
weeks out.

2653
01:50:32,080 --> 01:50:35,080
» Um,

2654
01:50:36,239 --> 01:50:40,800
I don't know. We can we can open it now

2655
01:50:39,040 --> 01:50:43,840
and keep it open.

2656
01:50:40,800 --> 01:50:46,239
» So if uh this is a if there's any other

2657
01:50:43,840 --> 01:50:48,000
comments from the board, we can make

2658
01:50:46,239 --> 01:50:50,080
them now and then if not we will open

2659
01:50:48,000 --> 01:50:53,280
the public hearing.

2660
01:50:50,080 --> 01:50:55,040
» Is there um when it comes to middle

2661
01:50:53,280 --> 01:50:57,679
housing and adding apartment units, is

2662
01:50:55,040 --> 01:51:00,679
there any kind of affordable

2663
01:50:57,679 --> 01:51:00,679
requirement?

2664
01:51:01,040 --> 01:51:05,600
» Mr. Chair, the answer is no.

2665
01:51:04,000 --> 01:51:08,560
So

2666
01:51:05,600 --> 01:51:12,080
this will increase this will lower

2667
01:51:08,560 --> 01:51:16,400
potentially our affordable housing stock

2668
01:51:12,080 --> 01:51:19,360
in a city. Um it will increase the

2669
01:51:16,400 --> 01:51:22,400
market rate housing which there

2670
01:51:19,360 --> 01:51:27,119
therefore would uh make it more

2671
01:51:22,400 --> 01:51:28,800
difficult uh to uh attain um 10% if

2672
01:51:27,119 --> 01:51:29,520
that's what you're looking at. And

2673
01:51:28,800 --> 01:51:30,960
» We can

2674
01:51:29,520 --> 01:51:33,360
» And that

2675
01:51:30,960 --> 01:51:37,040
» Interesting because I know this board

2676
01:51:33,360 --> 01:51:39,520
clamors about affordable housing

2677
01:51:37,040 --> 01:51:41,040
» In almost every application that comes

2678
01:51:39,520 --> 01:51:42,400
in front of us even though we're not

2679
01:51:41,040 --> 01:51:46,080
allowed to request it.

2680
01:51:42,400 --> 01:51:48,000
» Well, on in in in this case, we can we

2681
01:51:46,080 --> 01:51:51,440
can add that language.

2682
01:51:48,000 --> 01:51:53,679
» Uh the statute is clear. The statute

2683
01:51:51,440 --> 01:51:56,639
doesn't that you can have zoning

2684
01:51:53,679 --> 01:51:59,280
standards like what a setback is. You

2685
01:51:56,639 --> 01:52:00,320
cannot add an affordable component to

2686
01:51:59,280 --> 01:52:01,920
25-1.

2687
01:52:00,320 --> 01:52:02,560
» I'm not talking about 25-1.

2688
01:52:01,920 --> 01:52:04,480
» Oh, okay.

2689
01:52:02,560 --> 01:52:06,719
» I'm talking about the entire zone.

2690
01:52:04,480 --> 01:52:07,679
» Oh, that's that's that's diff that's

2691
01:52:06,719 --> 01:52:13,119
Yeah, that's that's different.

2692
01:52:07,679 --> 01:52:15,440
» We could say that any any um non251

2693
01:52:13,119 --> 01:52:17,840
development over

2694
01:52:15,440 --> 01:52:21,199
15 units or whatever we feel like we

2695
01:52:17,840 --> 01:52:23,840
want to do needs 10% 15% affordable.

2696
01:52:21,199 --> 01:52:25,520
Now, that could be a roadblock and we

2697
01:52:23,840 --> 01:52:27,280
are finding that it's likely a little

2698
01:52:25,520 --> 01:52:31,440
bit of a roadblock to developers wanting

2699
01:52:27,280 --> 01:52:34,639
to get in. Um, but uh we can try to find

2700
01:52:31,440 --> 01:52:38,880
the Goldilock zone where it's large

2701
01:52:34,639 --> 01:52:41,440
enough so that it's easily absorbed in

2702
01:52:38,880 --> 01:52:42,719
the in the in how it pencils if we

2703
01:52:41,440 --> 01:52:45,360
wanted to.

2704
01:52:42,719 --> 01:52:47,599
» Yeah. But if you allow more housing to

2705
01:52:45,360 --> 01:52:51,119
be built without by lowering our

2706
01:52:47,599 --> 01:52:53,119
affordable percentage, I think a lot of

2707
01:52:51,119 --> 01:52:54,159
citizens in this town will not be happy

2708
01:52:53,119 --> 01:52:54,800
with that.

2709
01:52:54,159 --> 01:52:57,040
» It's possible

2710
01:52:54,800 --> 01:53:00,480
» Because they do not want to see a vast

2711
01:52:57,040 --> 01:53:02,400
majority 830G affordable housing popped

2712
01:53:00,480 --> 01:53:04,480
in all different places.

2713
01:53:02,400 --> 01:53:08,400
» Yeah. No, I understand that's been why

2714
01:53:04,480 --> 01:53:12,000
we're trying to change the zone um uh in

2715
01:53:08,400 --> 01:53:14,480
uh CDD3 as well to include housing where

2716
01:53:12,000 --> 01:53:16,639
there's no housing presently permitted

2717
01:53:14,480 --> 01:53:19,840
and making sure that there is

2718
01:53:16,639 --> 01:53:22,000
affordability as a component. Um but I

2719
01:53:19,840 --> 01:53:26,639
think that it is

2720
01:53:22,000 --> 01:53:29,280
I think that Devon in general

2721
01:53:26,639 --> 01:53:31,679
market rate is more like workforce

2722
01:53:29,280 --> 01:53:34,639
housing. It's not, it doesn't command

2723
01:53:31,679 --> 01:53:36,560
the same rate as downtown Milford will.

2724
01:53:34,639 --> 01:53:39,520
It just is different. It's a different

2725
01:53:36,560 --> 01:53:44,000
market. Um, but so it will be more

2726
01:53:39,520 --> 01:53:45,920
affordable is my guess.

2727
01:53:44,000 --> 01:53:48,239
Well, one of the things that came to

2728
01:53:45,920 --> 01:53:50,880
mind after listening to Mr. Agnes and

2729
01:53:48,239 --> 01:53:52,800
Mr. Zariti is, you know, we spent a lot

2730
01:53:50,880 --> 01:53:54,080
of time on this and there was and I I

2731
01:53:52,800 --> 01:53:56,320
didn't pay attention to read every

2732
01:53:54,080 --> 01:53:58,560
single page. There was a component in

2733
01:53:56,320 --> 01:54:00,800
there. It was a, you know, I think the

2734
01:53:58,560 --> 01:54:03,280
chair had the idea that that there was a

2735
01:54:00,800 --> 01:54:04,880
carrot and a stick and we did have a

2736
01:54:03,280 --> 01:54:08,320
specific

2737
01:54:04,880 --> 01:54:10,000
number of affordable housing in some

2738
01:54:08,320 --> 01:54:12,480
sort of that form. I know we spent a lot

2739
01:54:10,000 --> 01:54:14,560
of time on it and I don't see it in here

2740
01:54:12,480 --> 01:54:16,320
now. I just I don't know why the whole

2741
01:54:14,560 --> 01:54:19,040
thing got changed. So apparently David,

2742
01:54:16,320 --> 01:54:21,199
we just took everything out of CDD2 and

2743
01:54:19,040 --> 01:54:22,080
just called it MCDD2 and then called it

2744
01:54:21,199 --> 01:54:23,920
CDD2.

2745
01:54:22,080 --> 01:54:25,920
» No, no, no. there there are things that

2746
01:54:23,920 --> 01:54:27,199
are in there that were previously in the

2747
01:54:25,920 --> 01:54:29,920
CDD2 including

2748
01:54:27,199 --> 01:54:32,400
» So again that that that list of of what

2749
01:54:29,920 --> 01:54:34,719
what what changes are is is pretty

2750
01:54:32,400 --> 01:54:36,719
important for us to see and if that is

2751
01:54:34,719 --> 01:54:38,320
one of them we may decide that the

2752
01:54:36,719 --> 01:54:40,800
change should have

2753
01:54:38,320 --> 01:54:43,360
» Uh afford an affordability component

2754
01:54:40,800 --> 01:54:46,400
» And uh outside of the 25-1.

2755
01:54:43,360 --> 01:54:49,119
» Yep. Um so uh and again the board

2756
01:54:46,400 --> 01:54:51,280
disagrees internally on the value of

2757
01:54:49,119 --> 01:54:56,960
that. Um

2758
01:54:51,280 --> 01:54:59,599
but uh yeah um

2759
01:54:56,960 --> 01:55:01,840
it it is a public hearing. So if anybody

2760
01:54:59,599 --> 01:55:04,480
would like to speak to the issue, please

2761
01:55:01,840 --> 01:55:06,320
come up. Um we will keep both the public

2762
01:55:04,480 --> 01:55:08,320
hearing and public comment open for next

2763
01:55:06,320 --> 01:55:09,920
week. But so you can speak now or speak

2764
01:55:08,320 --> 01:55:13,080
next week when we have more people. Up

2765
01:55:09,920 --> 01:55:13,080
to you.

2766
01:55:13,840 --> 01:55:20,400
Wait. Okay. So, uh this wi without

2767
01:55:17,360 --> 01:55:23,119
objection this will be uh as they say

2768
01:55:20,400 --> 01:55:27,679
kicked down the the can will be kicked

2769
01:55:23,119 --> 01:55:29,920
down the road and we will have um CDD3

2770
01:55:27,679 --> 01:55:34,000
included. We will have a comparative

2771
01:55:29,920 --> 01:55:35,520
chart of what the CDD2 and the new CDD2

2772
01:55:34,000 --> 01:55:38,800
regs

2773
01:55:35,520 --> 01:55:40,080
prior to uh as soon as you can get them

2774
01:55:38,800 --> 01:55:44,639
just so that we could have time to look

2775
01:55:40,080 --> 01:55:47,280
at it. Okay. Um, next order of business

2776
01:55:44,639 --> 01:55:47,920
is old business. We have none. Leaison

2777
01:55:47,280 --> 01:55:48,639
report.

2778
01:55:47,920 --> 01:55:51,760
» No,

2779
01:55:48,639 --> 01:55:54,800
» Nothing tonight. Um,

2780
01:55:51,760 --> 01:55:58,360
approval of minutes for 84.

2781
01:55:54,800 --> 01:55:58,360
Do we have a motion?

2782
01:55:58,480 --> 01:56:05,199
» No. Without objection. 8:12.

2783
01:56:02,400 --> 01:56:07,440
» Without objection. Minutes are approved.

2784
01:56:05,199 --> 01:56:11,119
Chair's report. Uh, just thank everyone

2785
01:56:07,440 --> 01:56:12,239
for their time. Um, staff report.

2786
01:56:11,119 --> 01:56:14,239
None this evening.

2787
01:56:12,239 --> 01:56:17,239
» Okay, we are adjourned without

2788
01:56:14,239 --> 01:56:17,239
objection.