1 00:00:04,240 --> 00:00:06,400 Okay, we're going to start. 2 00:00:15,620 --> 00:00:16,660 Yeah, why I said that going? 3 00:00:25,420 --> 00:00:27,700 Oh, hopefully it's not getting any better. 4 00:00:27,700 --> 00:00:29,260 I'll go check. Okay. Thanks. 5 00:00:43,110 --> 00:00:44,030 Test test. 6 00:00:47,180 --> 00:00:51,920 I'll just go from here. Yeah, you want to hold that the whole time. 7 00:00:54,080 --> 00:00:58,880 Go ahead. Yeah, vice chair. All right. I'm going to start on a different mic. 8 00:00:58,880 --> 00:01:03,540 I call to order the time of Bedford Zoning Board of Adjustment Meeting for September 15th, 9 00:01:03,760 --> 00:01:04,520 2026. 10 00:01:05,120 --> 00:01:11,780 We'll begin with introductions of the board members and planning staff to my right as Kelly 11 00:01:11,780 --> 00:01:16,140 Gleason, far right, Kelly Gleason, alternate, but she'll be a boarding member this evening. 12 00:01:17,480 --> 00:01:23,400 Evan McCorms, alternate member, Joe Faehy, regular member, Alex Kellerman, Vice Chairman, 13 00:01:23,400 --> 00:01:31,740 I'm Neil Kassaley, Chairman, Elizabeth Persha, regular member, Colleen Olson, land use and 14 00:01:31,740 --> 00:01:36,020 development planner, and Becky Hebert planning director. 15 00:01:36,460 --> 00:01:39,940 I thought we got away from the good evenings, but I guess it's back. 16 00:01:40,320 --> 00:01:41,280 Yeah, I tried. 17 00:01:41,920 --> 00:01:42,520 It's back. 18 00:01:45,140 --> 00:01:45,380 All right. 19 00:01:45,520 --> 00:01:50,160 First item on the agenda is the approval of the August 18th, 2026 minutes. 20 00:01:50,160 --> 00:01:53,840 any amendments needed for members. 21 00:01:55,200 --> 00:02:00,020 Do I have a motion to approve the August 18th, 2026 meetings? 22 00:02:00,760 --> 00:02:01,120 I will. 23 00:02:01,460 --> 00:02:04,440 Move that we approve the August 18th, 2026 meetings. 24 00:02:04,940 --> 00:02:07,240 Okay, so motion by Alex, is there a second? 25 00:02:07,320 --> 00:02:07,780 Thanks. 26 00:02:08,640 --> 00:02:10,300 Second by Joe. 27 00:02:10,760 --> 00:02:12,200 All those in favor say aye. 28 00:02:13,320 --> 00:02:15,520 Okay, so motion carries, minutes are approved. 29 00:02:16,120 --> 00:02:18,780 Next I will go over the rules of procedure for the meeting. 30 00:02:18,780 --> 00:02:21,500 Please silence all cell phones. 31 00:02:22,160 --> 00:02:24,240 We will have a presentation from each applicant. 32 00:02:24,740 --> 00:02:30,240 You'll introduce themselves to the board and present their application including the five criteria necessary for a variance. 33 00:02:31,440 --> 00:02:34,000 Board members may then ask questions of the applicant. 34 00:02:34,600 --> 00:02:39,560 We'll have public input after with those in favor and then those opposed to the proposal. 35 00:02:40,060 --> 00:02:44,640 Providing comments or asking questions, which shall be directed to the board. 36 00:02:45,400 --> 00:02:48,780 If you do speak, we ask that you give you name and address first. 37 00:02:49,060 --> 00:02:51,160 I ask that there be no debate between the parties. 38 00:02:51,760 --> 00:02:54,740 Have to public input for or in opposition to the variance. 39 00:02:55,480 --> 00:02:58,240 We'll give the applicant a chance for a rebuttal in summation. 40 00:02:58,740 --> 00:03:00,880 All applicants will be heard in order of notice. 41 00:03:01,580 --> 00:03:05,560 The board will go into non-public input to deliberate and vote after each application. 42 00:03:05,920 --> 00:03:09,980 You can wait for the vote tonight, where you can call a planning officer after 830 tomorrow 43 00:03:09,980 --> 00:03:11,440 and find out the result. 44 00:03:12,060 --> 00:03:16,540 If we do need to take a recess, we will, by vote, we will hear a last-gen died in 45 00:03:16,540 --> 00:03:18,800 before 10 o'clock that shouldn't be a problem tonight. 46 00:03:19,460 --> 00:03:22,600 Any items we have not started before 10 will be deferred to our next meeting. 47 00:03:23,420 --> 00:03:27,480 Regarding re-hearing, any party has 30 days to request re-hearing from a decision 48 00:03:27,480 --> 00:03:28,880 of the zoning board of adjustment. 49 00:03:29,440 --> 00:03:34,700 The board has 30 days in which to respond to such requests per RSA-673 50 00:03:34,700 --> 00:03:36,760 tomorrow being day one. 51 00:03:37,180 --> 00:03:40,580 All requests must be in writing and must contain new evidence. 52 00:03:40,580 --> 00:03:44,960 Please point out any errors you believe the board made in this decision 53 00:03:46,760 --> 00:03:52,740 We have all variance requests for the seedening or at least two of them the criteria for granting a variance 54 00:03:52,740 --> 00:03:59,120 Considering the variance that we have in front of the board this evening. I will not go through the five criteria at this time 55 00:04:08,510 --> 00:04:13,790 I will ask you to go through your application and address the five criteria as part of your presentation 56 00:04:13,790 --> 00:04:20,250 so that it is recorded. And really it's for the benefit of those in the audience that don't have the 57 00:04:20,250 --> 00:04:25,750 paperwork in front of them to see what your application states on it. 58 00:04:26,290 --> 00:04:30,790 For a motion of past this evening, there must be at least three affirmative votes out of the five. 59 00:04:31,610 --> 00:04:38,270 I'm going to ask that anyone that is going to speak this evening to post rise at this time and get sworn in, raising your right hand. 60 00:04:38,270 --> 00:04:42,190 And honorable console is exempt. 61 00:04:46,040 --> 00:04:50,320 Do you swear or firm that the testimony you are about to give in these hearings will be 62 00:04:50,320 --> 00:04:53,520 the truth, the whole truth, and nothing but the truth? 63 00:04:54,360 --> 00:04:54,880 Thank you. 64 00:04:55,080 --> 00:04:55,920 You may be seated. 65 00:05:00,340 --> 00:05:09,240 So new business, we're going to start with Carrie and Timothy Murphy, you can come on up 66 00:05:09,240 --> 00:05:14,100 to the table, start getting ready as I talk about your application. 67 00:05:16,080 --> 00:05:23,860 This is a request to permit a 16 by 25, 400 square feet garage edition, 16.2 feet from the 68 00:05:23,860 --> 00:05:36,100 side property line where 25 feet is required at 83 Federation Lot 31-12 zone RNA may begin. 69 00:05:36,100 --> 00:05:46,020 I do it. Hi, hold on. And I do ask use the computer as much as possible. We can see it on the screen. 70 00:05:46,360 --> 00:05:55,460 And if you refer to like a plot plan or any pictures or something, feel free to use the cursor so we can see you can point to exactly what you're talking about. 71 00:05:56,360 --> 00:05:56,620 Thanks. 72 00:05:57,880 --> 00:06:00,220 I'm carrying Murphy, this is Tam Murphy. 73 00:06:01,800 --> 00:06:12,840 So just high level, we're asking at a third garage stall, which would attach to the existing two from the front or the driveway side. 74 00:06:13,220 --> 00:06:19,320 It would be very close to that 25 foot buffer, but because the property line kind of cuts this way. 75 00:06:19,640 --> 00:06:23,340 As a garage goes back, it goes into that buffer zone. 76 00:06:24,360 --> 00:06:30,600 So, as part of the project too, we would be also turning half of the first garage stall 77 00:06:30,600 --> 00:06:35,820 into a mud room, because we don't have one, which would allow people to come in our house 78 00:06:35,820 --> 00:06:41,260 through the garage into a mud room, and then we would still have parking for two cars. 79 00:06:41,440 --> 00:06:44,860 So, we both drive and then our daughter will be driving in about a year. 80 00:06:45,340 --> 00:06:51,400 So, kind of allows two cars to park a better, safer entrance into our house, and then 81 00:06:51,400 --> 00:06:55,680 from like all the bikes and scooters and all of those things. 82 00:06:57,280 --> 00:07:00,980 So I can start going through John and Squirrel. 83 00:07:07,800 --> 00:07:10,100 So if you could read word forward, please. 84 00:07:12,760 --> 00:07:14,400 Describe what we are proposing to do 85 00:07:14,400 --> 00:07:17,000 at one additional garage stall to our house. 86 00:07:17,040 --> 00:07:19,460 It'll be connected to the two existing garage stalls 87 00:07:19,460 --> 00:07:21,660 in measure 16 by 25 feet. 88 00:07:22,400 --> 00:07:23,980 Part of the existing garage will be used 89 00:07:23,980 --> 00:07:27,260 to create a mudroom with an outside entrance store added. 90 00:07:28,160 --> 00:07:29,620 The additional garage will... 91 00:07:30,000 --> 00:07:46,820 The required side setback variants, the rear corner of the garage will be approximately 16 feet from our property line, with one-to-two kernel Daniels drive, looking at the plot plan and other required setbacks. This is the most reasonable place to add the garage. 92 00:07:49,540 --> 00:07:56,920 Please explain how it meets the following criteria, granting the variance would not be contrary to the public interest. 93 00:07:59,300 --> 00:08:03,080 Whether granting the variance would alter the essential character of the locality. 94 00:08:04,280 --> 00:08:07,400 The additional garage would not alter the essential character. 95 00:08:07,560 --> 00:08:11,580 The addition would be constructed to match the existing style of the house. 96 00:08:12,380 --> 00:08:17,180 Many of the neighboring houses on Colonel Daniels and Federation have three car garages 97 00:08:17,180 --> 00:08:22,160 so it wouldn't match the aesthetic of the neighborhood and there'll still be a large buffer 98 00:08:22,160 --> 00:08:27,380 between our house and one out here in Colonel Daniels so I don't know I don't think there's any like 99 00:08:27,380 --> 00:08:34,900 street pictures but it's actually like our house are garages and then it's like a big hill up to their house 100 00:08:34,900 --> 00:08:38,620 so in the summertime and the leaves are on the trees you can't even 101 00:08:39,360 --> 00:08:44,620 see are between the two houses. So you still have a lot of privacy there. 102 00:08:45,980 --> 00:08:50,540 Whether granting the variance with threatened public health safety or welfare, it will not. 103 00:08:51,100 --> 00:08:56,860 The additional garage in my drum would provide a safer entrance and parking environment for the family and any guests. 104 00:08:57,320 --> 00:09:05,240 Access to the front door can be dangerous in the winter because the ingress is off a downhill hill part of the driveway that becomes icy in the winter. 105 00:09:05,820 --> 00:09:13,120 So, currently we just leave the garage door open when anyone's coming in and out and only have one car parked in the garage. 106 00:09:13,600 --> 00:09:17,560 So, the new garage would allow us to have two cars in the garage and a safer entrance. 107 00:09:21,700 --> 00:09:30,220 The spirit of the ordinance is observed because viewing from the road, you'll still preserve right around that 20 foot. 108 00:09:30,220 --> 00:09:34,720 be still still be 25 feet from the garage to the property line. The 109 00:09:34,720 --> 00:09:38,540 variance is required because of how the house is positioned on the lot. The 110 00:09:38,540 --> 00:09:41,960 property line angles towards the back corner of the house and there'll be no 111 00:09:41,960 --> 00:09:46,440 overcrowding of the property. The area is currently already paved so we're not 112 00:09:46,440 --> 00:09:50,700 removing any trees or any visual buffer to the neighbors and the neighbors 113 00:09:50,700 --> 00:09:54,860 102 kernel Daniels are up to help from us so there's still plenty of space 114 00:09:54,860 --> 00:10:00,200 between the two houses. Grinding the variance would do substantial justice because 115 00:10:00,200 --> 00:10:06,880 It would increase the curb repeal and appeal and function of the property and there's no other reason 116 00:10:06,880 --> 00:10:15,640 All spot to add the third garage stall or separate garage structure and it will provide a safer entrance to the property for guests in the winter 117 00:10:17,890 --> 00:10:25,090 The value of the surrounding properties will not be diminished for the following reasons. The additional garage is in line with the other houses on the street 118 00:10:25,090 --> 00:10:29,110 It will be constructed to blend in with the existing structure adding value to our house 119 00:10:29,690 --> 00:10:33,610 Several neighbors have commented that they are happy for us to do the addition. 120 00:10:34,490 --> 00:10:38,730 Some actually volunteered to come here and speak if we needed them moving in. 121 00:10:38,910 --> 00:10:40,270 Thank you, Mrs. Surrey. 122 00:10:41,250 --> 00:10:46,430 Literal enforcement of the provisions of the ordinance would result in unnecessary hardship, 123 00:10:46,750 --> 00:10:50,550 special conditions of the property, distinguish it from other properties in the area 124 00:10:50,550 --> 00:10:55,970 because the house was constructed close to the property line and much as much of the property 125 00:10:55,970 --> 00:11:01,430 is in wetland so that really doesn't leave us any other option for construction that would fit in as 126 00:11:01,430 --> 00:11:06,510 well with the existing house in neighborhood. In the winter it's difficult to fit both cars in 127 00:11:06,510 --> 00:11:11,150 the garage because of snowblowers, generators, this would allow two cars to park in the garage. 128 00:11:11,870 --> 00:11:16,130 The entrance from the garage into the house is very tight and cramped because there's no mudroom 129 00:11:16,130 --> 00:11:21,570 and there's no entry door into the garage so overall it increased function and value of our house. 130 00:11:24,030 --> 00:11:31,830 denial of the variance would result in unnecessary hardship because there will be no fair 131 00:11:31,830 --> 00:11:35,610 or substantial relationship exists between the general public purpose of the ordinance 132 00:11:35,610 --> 00:11:40,630 position and the specific application of that provision to the property because there 133 00:11:40,630 --> 00:11:44,950 will be no overcrowding between properties and the visual appearance of our property will 134 00:11:44,950 --> 00:11:51,350 be improved. The proposed use is a reasonable one because it adds function covered perking and 135 00:11:51,350 --> 00:11:55,930 for entrance to our home. Overall, it would increase the function and value of our house. 136 00:11:57,910 --> 00:12:04,050 If the criterion sub-paragraph A above or not established, explain why the property cannot be used 137 00:12:04,050 --> 00:12:09,470 in strict conformance with the ordinance and why a variance is therefore necessary to enable 138 00:12:09,470 --> 00:12:14,050 a reasonable use of it, where the house was constructed on the property line provides no other 139 00:12:14,050 --> 00:12:16,810 reasonable option for a construction of a garage. 140 00:12:19,090 --> 00:12:21,870 Anything else before the board asks questions? 141 00:12:22,810 --> 00:12:24,050 I'll say we did. 142 00:12:24,290 --> 00:12:31,790 I know I think you guys mail to neighbors but we also reached out and sent everyone an email 143 00:12:31,790 --> 00:12:35,070 or letter or text and got. 144 00:12:35,330 --> 00:12:39,970 I think we heard almost from everyone in a affirmative positive and support 145 00:12:39,970 --> 00:12:41,230 about adding the garage. 146 00:12:41,350 --> 00:12:45,850 You know, a lot of comments of, oh we want to do the same thing or we wish we could do the same thing. 147 00:12:45,850 --> 00:12:55,160 So the neighbors are all supportive and I'll highlight that too. Yeah, and then I think do we have anything 148 00:13:00,890 --> 00:13:01,430 else 149 00:13:01,430 --> 00:13:05,100 Sure, you guys already seen it, but we do have photos of 150 00:13:06,670 --> 00:13:11,100 Gold's room if you want to scroll down and it doesn't seem to be working now 151 00:13:11,670 --> 00:13:14,360 You may have to click on the mouse people and they go 152 00:13:15,430 --> 00:13:18,050 Oh, there's sorry. He's used to max 153 00:13:19,010 --> 00:13:22,630 Yeah, so we used AI and 154 00:13:25,380 --> 00:13:28,460 that is what the proposed garage would look like. 155 00:13:28,680 --> 00:13:35,060 So obviously this is AI so it might not be perfectly proportional like of the 16 foot of cross, 156 00:13:35,200 --> 00:13:40,460 but that's generally how it will look from the driveway where you come into our house. 157 00:13:40,720 --> 00:13:42,220 Did they leave out the front door? 158 00:13:42,520 --> 00:13:48,520 So what happened was like if you look at the flat plan, our house was built to a coal 159 00:13:48,520 --> 00:13:53,140 sack and we have this really big long driveway and then they connected kernel 160 00:13:53,140 --> 00:13:59,260 the annuals and federation so then this driveway you see there was about 161 00:13:59,260 --> 00:14:05,680 what do you say 20 feet from kernel the annuals and then we had a 200 foot driveway 162 00:14:05,680 --> 00:14:11,120 to federation so we ended up just putting in a short driveway right here so 163 00:14:11,120 --> 00:14:16,960 that he can snow plow it and then the front door is around this corner here. 164 00:14:19,560 --> 00:14:28,840 It's facing around here, so that's like what we were saying there's no entry where this garage is so people and then this kind of comes down a little hill and we actually 165 00:14:28,840 --> 00:14:37,920 It's someone because it uses really fast fall slip break their leg coming to our front door because it like does dip down this hill 166 00:14:37,920 --> 00:14:43,240 So, what we would do is add a door where those three windows are kind of bumps out. 167 00:14:43,580 --> 00:14:48,620 So, then someone could walk in there, then go into our mudroom and be in our house without 168 00:14:48,620 --> 00:14:53,320 either having to leave the garage open or go down this little hill into the front. 169 00:14:54,540 --> 00:14:59,780 If you click at the top of the screen on the plot plan, go to the tabs. 170 00:15:00,000 --> 00:15:07,620 The rate top of the image, the middle tab, the middle tab says plot plan. I think you'll get a picture, there you go, of your property. 171 00:15:07,920 --> 00:15:18,700 Oh yeah, yeah, that's easier to see. So that long driveway was the original driveway and then we added that little short one and that little tiny path is to our front door. 172 00:15:19,000 --> 00:15:25,560 So that walkway, the walkway that comes off the longer driveway is that the walkway to your front door. 173 00:15:25,560 --> 00:15:32,430 Yes. Wow. Okay. Yeah. So I think it was all like constructed before they knew that 174 00:15:34,280 --> 00:15:39,730 this is actually, where it's a Federation that's actually Colonel Daniels. Yeah, yeah. 175 00:15:41,320 --> 00:15:47,260 Where I didn't think they were expecting to connect the two roads. That's actually facing 176 00:15:47,260 --> 00:15:50,100 Federation, but yeah. House is okay. Yeah. 177 00:15:52,270 --> 00:15:56,030 Anything else? I don't think so. Okay. 178 00:15:56,530 --> 00:15:57,690 Memories of the Board questions. 179 00:16:03,480 --> 00:16:05,780 Do you want to scroll down and just show where the 180 00:16:05,780 --> 00:16:12,740 addition and the setback encroachment is? On the other tab or. It's on that picture, but 181 00:16:12,740 --> 00:16:16,380 it's usually a good idea to just say, yeah, point that out. 182 00:16:19,990 --> 00:16:21,830 Yeah, so that is already like 183 00:16:22,690 --> 00:16:26,830 Pavement there. Where the new garage is going. 184 00:16:29,350 --> 00:16:31,690 No questions I take it. That's 185 00:16:31,690 --> 00:16:35,350 sure me and okay. Anyone in the public wish to comment, 186 00:16:38,400 --> 00:16:41,460 right? So there were a 187 00:16:42,060 --> 00:16:49,040 column communication somewhere, text somewhere, letters. So, letters, communications 188 00:16:49,040 --> 00:17:01,200 and support from 80 federation, 80 federation, 102 kernel Daniels, 61 federation, by the way, 189 00:17:01,280 --> 00:17:09,780 102 kernel Daniels is the direct to butter. It would be most affected if you will. 61 federation 190 00:17:09,780 --> 00:17:12,020 and 71 federation. 191 00:17:14,740 --> 00:17:19,280 Anything else before we deliberate? Okay. All right. Is there a motion 192 00:17:19,280 --> 00:17:27,840 to go into non-public deliberation, so a motion by Kelly, is there a second? Second by Liz, 193 00:17:28,100 --> 00:17:33,840 all of us in favor, say aye. Aye. Okay, motion carries. So let's go over the five criteria. 194 00:17:37,540 --> 00:17:43,040 Okay, granting the variance would or would not be contrary to the public interest. 195 00:17:43,600 --> 00:17:47,020 A, whether granting the variance would alter the essential character of the locality, 196 00:17:47,020 --> 00:17:47,680 No 197 00:17:52,900 --> 00:17:57,420 evidence of that. Excuse me. Be with a grant in the variance with threat in public health 198 00:17:57,420 --> 00:17:58,380 safe to your welfare. 199 00:17:59,880 --> 00:18:06,120 I would argue that it's the opposite. Given the safety concerns with the longer approach 200 00:18:06,120 --> 00:18:07,820 to the main entrance of the house. 201 00:18:08,280 --> 00:18:08,320 Great. 202 00:18:09,380 --> 00:18:12,740 To the spirit of the ordinance, would or would not be observed. 203 00:18:14,180 --> 00:18:20,300 So does this propose use conflict with the explicit or implicit purpose of the ordinance, 204 00:18:20,300 --> 00:18:22,980 which is the preventable of crowding in general. 205 00:18:23,640 --> 00:18:24,460 It does not conflict. 206 00:18:26,160 --> 00:18:27,380 Anyone else? 207 00:18:28,020 --> 00:18:29,980 As a matter of fact, you look at a satellite 208 00:18:29,980 --> 00:18:36,040 and there's a really wide bank of trees on all three sides. 209 00:18:36,260 --> 00:18:38,160 And there's been a representation in the application 210 00:18:38,160 --> 00:18:43,840 that there would be no removal of any trees or other foliage. 211 00:18:44,940 --> 00:18:46,700 That would cause less obstruction. 212 00:18:50,860 --> 00:18:59,560 Three granting the variance would or would not do a substantial justice, so this is that scale of the applicant's needs versus the needs of the public. 213 00:19:00,660 --> 00:19:04,940 What gives them the third garage for what will be a third driver when you weigh that against? 214 00:19:05,400 --> 00:19:11,720 What I think the board is deemed to be really insignificant if any overcrowding in the neighborhood. 215 00:19:11,720 --> 00:19:13,260 Are gray anyone else? 216 00:19:13,260 --> 00:19:20,100 There's also the fact that there's no other reasonable location to place a third garage given the wetlands encroachment onto the property. 217 00:19:20,560 --> 00:19:21,660 That's the most reasonable. 218 00:19:23,560 --> 00:19:26,840 For the values of the surrounding properties would or would not be diminished. 219 00:19:27,560 --> 00:19:30,360 I don't think they would be with the letters of support. 220 00:19:31,500 --> 00:19:32,820 That would be direct. 221 00:19:33,080 --> 00:19:36,780 One of the two criminal denials is in favor of it. 222 00:19:36,780 --> 00:19:41,780 I would also just now think that most of the houses in that neighborhood have three car garages. 223 00:19:44,440 --> 00:19:46,040 Okay, five unnecessary hardship. 224 00:19:48,180 --> 00:19:53,540 A literal enforcement of the provisions of the ordinance would result in an unnecessary hardship special conditions. 225 00:19:53,880 --> 00:19:56,500 The property distinguish it from other properties in the area. 226 00:19:57,380 --> 00:20:04,200 So one, there is, there is not a fair and substantial relationship that exists between the general public purposes of the ordinance provision 227 00:20:04,200 --> 00:20:09,200 and the specific application of that provision to the property. 228 00:20:13,860 --> 00:20:17,600 I think one thing you have to look at in this specific property is the fact that there's this long, 229 00:20:17,600 --> 00:20:23,220 kind of 200 foot driveway that runs across the front of the home and then you have this walkway, 230 00:20:23,360 --> 00:20:30,080 which would really block any other alternative places for this garage to be placed. 231 00:20:30,640 --> 00:20:34,480 So when you kind of weigh that, then the unique sort of stance of the property, 232 00:20:34,480 --> 00:20:38,980 against the zone awareness, I think it was in the case of the great two variants. 233 00:20:39,440 --> 00:20:45,040 Right, and we've already agreed that we don't believe there's any overcrowding issues. 234 00:20:46,800 --> 00:20:55,340 The proposed use is a reasonable one, so special conditions of the property cause the proposed use to be reasonable. 235 00:20:55,800 --> 00:21:01,420 It's a functional improvement. It's one that promotes safety and easier access to the home. 236 00:21:01,900 --> 00:21:02,340 Anyone else? 237 00:21:03,840 --> 00:21:07,400 Okay, is there a motion? 238 00:21:08,680 --> 00:21:15,840 Mr. Chair, I move that bad for grant the variance from Article 3 Section 275-22A and 239 00:21:15,840 --> 00:21:21,860 Table 1 to permit a 16-foot by 25-foot 400 square foot garage addition 16.2 feet from 240 00:21:21,860 --> 00:21:27,580 the side property line, which 25 feet is required at 83 Federation Roadlot 31-12. 241 00:21:27,580 --> 00:21:35,280 The motion is supported by the findings of fact that occurs during our deliberation, specifically 242 00:21:35,280 --> 00:21:37,580 safety concerns and the setback from the road. 243 00:21:37,840 --> 00:21:41,380 The variance request satisfies all five criteria for granting relief from the zoning 244 00:21:41,380 --> 00:21:44,040 ordinance for the reasons to discuss during the board's deliberation. 245 00:21:44,400 --> 00:21:47,700 The board includes all facts found in the meeting minutes for the application and incorporates 246 00:21:47,700 --> 00:21:49,440 all meeting minutes into this decision. 247 00:21:51,100 --> 00:21:56,500 And specifically, the findings of fact that weight most heavily on the board were the fact that 248 00:21:56,500 --> 00:22:02,660 did not weigh against potential overcrowding as identified as the underlying issue and purpose 249 00:22:02,660 --> 00:22:08,520 of the ordinance, that it was a safety improvement for easier access to the home given 250 00:22:08,520 --> 00:22:13,820 the unique positioning of the property, off of two roads that were later connected but not 251 00:22:13,820 --> 00:22:18,340 initially connected when the home was instructed, are constructed rather and that there 252 00:22:18,340 --> 00:22:21,820 are significant wetlands of the property that would prevent construction from a garage in 253 00:22:23,180 --> 00:22:25,840 So motion by Kelly, is there a second? 254 00:22:26,260 --> 00:22:26,700 Second. 255 00:22:27,100 --> 00:22:29,740 Second by Alex, all those in favor say aye. 256 00:22:30,000 --> 00:22:40,860 Aye. Aye. Opposed. Okay. So that motion carries 5-0. Is there a motion to go back into public session? 257 00:22:41,080 --> 00:22:48,180 So moved. So motion by Kelly is there a second? Second. Second by Alex. All those in favor say aye. 258 00:22:48,660 --> 00:22:50,720 Aye. Okay. So that's been approved. 259 00:22:51,100 --> 00:22:51,760 Thank you. 260 00:22:52,280 --> 00:22:53,080 Thank you. 261 00:22:53,140 --> 00:22:53,280 Thank you. 262 00:22:53,280 --> 00:22:53,600 Thank you. Thank you. 263 00:22:54,000 --> 00:22:55,100 Thank you. Thank you. 264 00:22:55,400 --> 00:22:58,840 Thank you. 265 00:23:02,860 --> 00:23:07,700 So agenda item number two, you can come on up to the table, please. 266 00:23:07,920 --> 00:23:08,660 You can start preparing. 267 00:23:12,580 --> 00:23:20,960 This is a request for a variance from article five, section 275-304-G3B to permit a pre-existing 268 00:23:20,960 --> 00:23:26,340 above ground pool, 10.2 feet from the rear property line where 20 feet is required at 14 269 00:23:26,340 --> 00:23:30,960 amount in road, lot five, dash 10, dash 25 zoned RNA. 270 00:23:31,300 --> 00:23:31,760 Thank you. 271 00:23:32,420 --> 00:23:33,680 Good introduce yourself. 272 00:23:34,120 --> 00:23:35,240 Hi, my name is Mike Darling. 273 00:23:35,520 --> 00:23:38,380 I'm like a Darling live at 14-Mountain Road in Bitford, New Hampshire. 274 00:23:44,150 --> 00:23:52,370 If you could give a, before you get into the five criteria, if you could give a, you know, an overall summation of your proposal, 275 00:23:52,590 --> 00:23:55,370 and then you can get into that, that would probably be most helpful. 276 00:23:55,370 --> 00:24:08,610 Okay, so we had a pool installed and after having installed, learned that I was thankfully not quite as far into the setback that is required. 277 00:24:08,690 --> 00:24:19,410 I thought I was closer to 14 feet or 15 feet into the setback, but thank you for calling for defining that it's actually a 20 foot instead of a 25. 278 00:24:21,010 --> 00:24:23,450 from the rear property line 279 00:24:25,690 --> 00:24:31,270 and that's according to the 25, I guess, would have been according 280 00:24:31,270 --> 00:24:35,030 to Article 3, Section 225, 23A, and table one. 281 00:24:38,200 --> 00:24:43,360 If you switch to the second tab at the top of the screen, you can share the plot plan that 282 00:24:43,360 --> 00:24:44,140 shows the location. 283 00:24:49,750 --> 00:24:52,230 So the pool is right here. 284 00:24:52,230 --> 00:25:03,430 We had more deck here, but there was a hot tub right here on the deck that was there so that came down so that obviously 285 00:25:03,430 --> 00:25:06,670 I'm going to rebuild the deck so that we can get into the pool 286 00:25:10,190 --> 00:25:12,750 and that it's 10 feet off there. 287 00:25:19,570 --> 00:25:19,850 Okay. 288 00:25:20,270 --> 00:25:20,530 Continue. 289 00:25:21,030 --> 00:25:22,270 It's up to you. 290 00:25:22,910 --> 00:25:23,810 You're the driver. 291 00:25:24,310 --> 00:25:24,530 All right. 292 00:25:24,630 --> 00:25:25,950 Yeah, if you want to get in the five criteria. 293 00:25:26,570 --> 00:25:29,750 I just, I just asked you to read a verbatim on the sheet. 294 00:25:29,750 --> 00:25:38,870 please. Thank you. So just to get into the criteria number one, granting the variance would not be 295 00:25:38,870 --> 00:25:44,290 contrary to the public interest because whether granting the variance would alter the essential 296 00:25:44,290 --> 00:25:49,590 character of locality. On above ground pool is a common residential accessory feature throughout 297 00:25:49,590 --> 00:25:56,830 this neighborhood and the R&A district generally. Similar pools are visible on other properties nearby. 298 00:25:56,830 --> 00:26:01,050 The full sits entirely within the rear yard is minimally visible from Mount 299 00:26:01,050 --> 00:26:06,170 Road and does not change the streetscape, the front or side setbacks, or 300 00:26:06,170 --> 00:26:09,550 any other feature that defines the visual or functional character of locality. 301 00:26:10,250 --> 00:26:13,950 Since the affected setback faces H.O.A. commonly in rather than neighboring 302 00:26:13,950 --> 00:26:17,510 yard, granting the variance changes nothing about how the property presents 303 00:26:17,510 --> 00:26:19,190 to any neighbor or to the public. 304 00:26:21,600 --> 00:26:24,860 For Section B of that, whether granting the 305 00:26:24,860 --> 00:26:29,720 with threat in the public health, see if you're well-fear. The pool is a temporary, non-foundation 306 00:26:29,720 --> 00:26:35,540 structure that represents no fire separation, green or just structural concern, distinct from 307 00:26:35,540 --> 00:26:40,120 a conforming installation elsewhere on the lot. It does not obstruct sight lines, emergency vehicle 308 00:26:40,120 --> 00:26:47,140 accessor utilities, no wetland, floodplain or other environmentally sensitive feature is implicated by 309 00:26:47,140 --> 00:26:52,020 the rear location, granting the variant or not threat in the public health, safety or welfare in any 310 00:26:52,020 --> 00:26:52,480 aspects. 311 00:26:58,220 --> 00:27:03,360 For Criterion 2, the spirit of the Ornance is observed because the objective is not defeated 312 00:27:03,360 --> 00:27:03,800 here. 313 00:27:03,840 --> 00:27:08,480 The land directly behind the required setback is not a neighboring residential lot. 314 00:27:08,580 --> 00:27:13,020 It is commonly endowed by the Bedford Three Corners Association and uses the beach field 315 00:27:13,020 --> 00:27:18,400 with no dwelling and no building against which light air or density concerns what arise. 316 00:27:19,280 --> 00:27:24,360 There is no overcrowding of land and buildings implicated by placing a pool 10.2 feet from 317 00:27:24,360 --> 00:27:26,960 an open common land because there is no second building on the other side. 318 00:27:26,960 --> 00:27:35,640 side of that line. The conforming side setback is roughly 20 feet beyond the setback. That's 319 00:27:35,640 --> 00:27:39,840 describing, sorry, the space over here. 320 00:27:42,620 --> 00:27:45,180 To continue to provide separation, the ordinance requires 321 00:27:45,180 --> 00:27:51,200 wherever an actual neighboring residents present, granting the various consistent with, 322 00:27:51,280 --> 00:27:55,900 not contrary to the underlying objective of the setback requirement as applied to this 323 00:27:55,900 --> 00:27:57,380 particularly configuration. 324 00:28:00,360 --> 00:28:03,260 For criterion three granting the variance would do substantial 325 00:28:03,260 --> 00:28:08,420 justice because denial of variance would require removal or relocation of existing common 326 00:28:08,420 --> 00:28:13,760 residential recreational entity as substantial cost and disruption to the applicant without 327 00:28:13,760 --> 00:28:19,160 producing any corresponding benefit to a neighbor or to the public since the land setback would 328 00:28:20,520 --> 00:28:26,780 since the land setback would protect at the rear is HOA commonly and not a residence. The loss to 329 00:28:26,780 --> 00:28:31,540 applicants disproportionate to any gain, the town or a butter would realize from strict enforcement 330 00:28:31,540 --> 00:28:37,600 of the full 20-foot setback in this location, granting the variance for stores a fair balance 331 00:28:37,600 --> 00:28:41,860 between the applicant's reasonable use of the property and the ordinances intended protections, 332 00:28:42,080 --> 00:28:43,660 which are not meaningfully engaged here. 333 00:28:47,420 --> 00:28:49,340 For the values of the surrounding properties, 334 00:28:49,640 --> 00:28:53,740 we'll not be diminished for the following reasons, above-ground pools are common in this 335 00:28:53,740 --> 00:28:58,040 and comparable neighborhoods, and generally viewed as a neutral positive residential 336 00:28:58,040 --> 00:29:04,680 humanity rather than a detriment to surrounding property values, as the land directly behind 337 00:29:04,680 --> 00:29:09,980 the rear setback is one of the HOE's common leech field rather than a neighboring residential 338 00:29:09,980 --> 00:29:14,840 yard. The pool does not intrude upon or diminish the enjoyment of any neighboring residents 339 00:29:14,840 --> 00:29:22,760 to the rear. The pool is roughly 20 feet inside of the near sides setback, preserving the 340 00:29:22,760 --> 00:29:30,280 expected buffer for both side neighbors, the near-side being the Kukohamli at 12 341 00:29:30,280 --> 00:29:35,280 mountain road, and the far side is Leslie and Kiefer at 16 mountain road. 342 00:29:35,700 --> 00:29:40,060 Taking together the installation will have no discernible negative effect on the value or 343 00:29:40,060 --> 00:29:41,760 markability of any surrounding property. 344 00:29:43,880 --> 00:29:48,260 Number five, literal enforcement of the provisions of the ordinance was would result in 345 00:29:48,260 --> 00:29:52,740 unnecessary hardship, special conditions of the property distinguish it from other 346 00:29:52,740 --> 00:29:59,120 properties in the area because the certified boundary survey done by only a land surveying job. 347 00:30:00,000 --> 00:30:10,260 2022, dated 8.426 confirms that the true rear property line does not correspond to any visible feature on the ground. 348 00:30:10,700 --> 00:30:22,340 There is no offense, hedgero, or greed clearly marking it. The property line runs at irregular bearings rather than any feature a homeowner would naturally read as the boundary on site. 349 00:30:22,340 --> 00:30:28,220 As a result, the actual reset back lines, it's noticeably closer to the house than the 350 00:30:28,220 --> 00:30:28,420 lanes. 351 00:30:28,440 --> 00:30:33,440 Visible features would suggest to an ordinary owner locating a pool by eye. 352 00:30:33,500 --> 00:30:37,840 This is a special condition of this lot's boundary configuration distinct from lots, where 353 00:30:37,840 --> 00:30:39,840 the property line is self evident on the ground. 354 00:30:43,530 --> 00:30:49,250 Denial of the variants would result in unnecessary hardship because no fair and substantial 355 00:30:49,250 --> 00:30:54,570 relationship exists between the general public purposes of the ordinance provision in the 356 00:30:54,570 --> 00:31:00,170 specific application of that provision to the property, because the purpose of the 20-foot rear 357 00:31:00,170 --> 00:31:02,870 setback is to buffer neighboring residential use. 358 00:31:03,010 --> 00:31:07,450 The land directly behind the setback line is not originally guard, but H.O.A. commonly 359 00:31:07,450 --> 00:31:07,810 end. 360 00:31:07,950 --> 00:31:14,310 I'll each field held by Bedford Three Corners Association with no dwelling in no resident whose 361 00:31:14,310 --> 00:31:20,570 privacy or enjoyment is protected by the additional distance, playing the full 20-foot standard 362 00:31:20,570 --> 00:31:25,270 calibrated for separation between homes does not serve a fair and substantial purpose where 363 00:31:25,270 --> 00:31:32,750 the protected land is undeveloped common open space. The proposed use is reasonable one because 364 00:31:32,750 --> 00:31:39,230 above ground pools, a common unremarkable residential accessory use in the R&A district and does not 365 00:31:39,230 --> 00:31:41,610 alter the essential character of the neighborhood. 366 00:31:43,850 --> 00:31:44,050 B, 367 00:31:46,470 --> 00:31:48,950 if the criteria and some paragraph A are not 368 00:31:48,950 --> 00:31:52,550 established, explain why property cannot be used in strict 369 00:31:52,550 --> 00:31:55,630 conformance with the ordinance and why variance is 370 00:31:55,630 --> 00:31:57,630 therefore necessary to enable reasonable use it. 371 00:31:57,630 --> 00:32:02,090 If the board is not find as established, the applicant 372 00:32:02,090 --> 00:32:05,410 notes that because the true rear property line is not 373 00:32:05,410 --> 00:32:08,130 discernible from any visible feature on a lot and no fence 374 00:32:08,130 --> 00:32:11,090 marker of a station link response to it. 375 00:32:11,330 --> 00:32:11,770 And owner, 376 00:32:16,000 --> 00:32:18,780 the applicant learned of the issue only when 377 00:32:18,780 --> 00:32:26,100 subsequently seeking a full permit and was informed this variance must be resolved first prompting 378 00:32:26,100 --> 00:32:31,060 the certified survey. Now on file, the applicant is bringing this application forward as the 379 00:32:31,060 --> 00:32:36,480 required step toward compliance. Strict enforcement of these circumstances would not enable any 380 00:32:36,480 --> 00:32:41,060 different or better use of the property. It would simply compound removal of a law for residential 381 00:32:41,060 --> 00:32:46,260 amenity based on a boundary that was never marked or apparent on the lane itself. 382 00:32:47,660 --> 00:32:50,280 Anything else before we go in the questions? 383 00:32:55,040 --> 00:33:03,120 I guess there is an aerial shot attached to the staff report 384 00:33:16,780 --> 00:33:19,620 regarding kind of 385 00:33:24,070 --> 00:33:32,010 the difference in the proper line versus the visible discernment of what I would kind of think of as my yard. 386 00:33:33,010 --> 00:33:41,270 There are two garden beds you can see here that we installed. 387 00:33:42,970 --> 00:33:49,130 I actually planted a couple of apple trees right behind those when we moved in. 388 00:33:51,270 --> 00:33:57,870 And those are, they're partially covered by the trees that are here. 389 00:33:59,890 --> 00:34:19,570 But in looking, if you were in my yard, those looked to be within my yard, so the property line is much further in than I would have expected based on the shape of the yard. 390 00:34:22,250 --> 00:34:23,250 Anything else? 391 00:34:24,170 --> 00:34:25,450 That's all I have for you. 392 00:34:26,010 --> 00:34:26,550 Questions? 393 00:34:30,750 --> 00:34:37,230 Well, I'm not entirely comfortable with the special conditions that you sit in here, the fact 394 00:34:37,230 --> 00:34:39,050 you can't see your property markers. 395 00:34:40,470 --> 00:34:46,810 I can't see the property markers in my yard, and I can be suspect most people can, not. 396 00:34:48,690 --> 00:34:51,850 So I guess it's a special condition if it's common to 397 00:34:54,500 --> 00:34:55,500 that. 398 00:34:55,500 --> 00:35:02,520 I guess what I was meaning there is like there's beyond just like the physical little posts. 399 00:35:03,340 --> 00:35:12,880 There's not like a fence and again, where I guess I would expect the yard to end based 400 00:35:12,880 --> 00:35:26,920 on what's kind of physically landscape and there is significantly different than where 401 00:35:26,920 --> 00:35:34,920 these surveillance I found to be. So I guess I'm not, I'm not speaking specifically to 402 00:35:34,920 --> 00:35:45,720 just like a visible, like the little iron rebar posts that are set there, but 403 00:35:45,720 --> 00:35:49,580 more just the visual marker. 404 00:35:51,540 --> 00:35:55,440 Right, I guess maybe looking at a survey before you put the pool in. 405 00:35:56,140 --> 00:35:57,820 Yep, somebody do diligence. 406 00:36:02,690 --> 00:36:07,110 I was a little distracted when we were trying to get this set up. 407 00:36:07,310 --> 00:36:09,970 I've been taking some successes. 408 00:36:11,790 --> 00:36:14,330 And I had other stuff that I was working on. 409 00:36:14,650 --> 00:36:18,030 And I guess I would have expected 410 00:36:19,750 --> 00:36:22,730 between the pool retailer, the installer, 411 00:36:24,170 --> 00:36:29,030 somebody to kind of give me a bit more of a, I had something like, hey, you should probably 412 00:36:29,030 --> 00:36:33,870 look into this and I understand that is, that is a failing on my part. 413 00:36:37,240 --> 00:36:41,720 Couple of questions. What's that? Is it a 24-foot round? 414 00:36:41,940 --> 00:36:42,380 Yes. 415 00:36:42,740 --> 00:36:44,560 Okay, and you had it professionally installed? 416 00:36:44,760 --> 00:36:45,100 Yes. 417 00:36:45,260 --> 00:36:46,180 And it didn't pull a permit? 418 00:36:46,660 --> 00:36:46,900 No. 419 00:36:47,280 --> 00:36:47,540 Okay. 420 00:36:49,880 --> 00:36:50,620 That's interesting. 421 00:36:51,440 --> 00:36:54,280 So I've got a couple of follow-up questions. 422 00:36:54,640 --> 00:36:58,060 Is it, it's not, I'm assuming it's not like an in-text or something. 423 00:36:58,420 --> 00:37:00,380 It's a longer-lasting product. 424 00:37:02,980 --> 00:37:05,380 Yeah, I'm not gonna remember the brand name right now. 425 00:37:05,440 --> 00:37:06,780 You bought it from a pool store? 426 00:37:06,820 --> 00:37:07,740 We bought it from a pool store. 427 00:37:07,760 --> 00:37:08,440 That's all I need to know. 428 00:37:09,140 --> 00:37:09,500 Yeah, yeah. 429 00:37:09,500 --> 00:37:10,340 A pool real retailer. 430 00:37:10,680 --> 00:37:10,840 Okay. 431 00:37:11,340 --> 00:37:14,160 And so then just as a practical consideration, 432 00:37:17,160 --> 00:37:19,660 there's a space that I'm seeing on the 433 00:37:19,660 --> 00:37:25,780 lot planned that I'm also seeing in the aerial photo that appears to be open yard behind 434 00:37:25,780 --> 00:37:29,960 the driveway. It's shaded in the back. It's the right of the pool. 435 00:37:32,900 --> 00:37:59,980 So, off the drive, off the back of the driveway, basically. So, we have our well-pump. Is right, I don't know, maybe here ish. And then I have a swing set that is, okay, you all can't English on that area. And then final question, if I may, where the back property line is, you previously testified that that's leech failed for the case. 436 00:37:59,980 --> 00:38:10,520 community is any part of that pool weighing on any part of the leech field. I don't I don't believe so. The leech field is up here. Okay. 437 00:38:12,930 --> 00:38:13,370 Okay, that's a 438 00:38:13,370 --> 00:38:17,430 full. That is higher than my property. Okay. 439 00:38:20,240 --> 00:38:28,840 I think one thing that might just be helpful clarifications. I think that this like a lot of these overhead GIS maps. The boundaries not entirely 440 00:38:28,840 --> 00:38:31,740 So I think the pool is actually entirely on his property, 441 00:38:32,280 --> 00:38:34,320 it's just, you know, with a, it's ten feet from the property. 442 00:38:34,420 --> 00:38:36,600 So I don't think it would be within the common space. 443 00:38:37,260 --> 00:38:40,400 No, it's not actually physically within the common space, sorry. 444 00:38:40,800 --> 00:38:44,400 Your time point to feet from the line of the common property, right? 445 00:38:45,420 --> 00:38:47,720 According to what I've been told, yes. 446 00:38:57,260 --> 00:39:00,320 So it's touching on what's already been touched on a little bit, 447 00:39:01,500 --> 00:39:02,760 to rule it out. 448 00:39:03,700 --> 00:39:06,960 Again, the special conditions, 449 00:39:12,540 --> 00:39:20,140 can you, because that may be an issue, can you point out 450 00:39:20,140 --> 00:39:22,860 on the map using the cursor, 451 00:39:25,820 --> 00:39:29,320 number one, what the obstructions are again, so you said 452 00:39:29,320 --> 00:39:34,080 that there's a well, swing sets, not really an obstruction. 453 00:39:34,080 --> 00:39:45,580 can you, can you rule out or rule in depending upon how you look at it, why the pool can't 454 00:39:45,580 --> 00:39:51,220 be anywhere else. And I do want to clarify something in that regard. 455 00:39:54,180 --> 00:39:55,800 It sounded like you said 456 00:39:55,800 --> 00:40:03,260 that there was a deck in a hot tub prior. And is that why you put the pool that far out from what 457 00:40:03,260 --> 00:40:10,880 here is to be a current deck. So it was one so unified that the deck previously came out to 458 00:40:11,500 --> 00:40:17,160 it was like it's like four feet beyond the house. So it came out to about here. 459 00:40:19,820 --> 00:40:29,020 This is the trench that I dug for the electrical to the pool. They put that in there. So it was about 460 00:40:29,020 --> 00:40:32,100 four feet beyond the corner of the house. 461 00:40:34,160 --> 00:40:40,160 And the other post is right and about here. 462 00:40:41,280 --> 00:40:44,660 And it comes all the way back to this point. 463 00:40:46,840 --> 00:40:48,820 I'm sorry, to right here. 464 00:40:49,120 --> 00:40:51,380 And then this line would have been the other corner 465 00:40:51,380 --> 00:40:52,780 of the deck at the point. 466 00:40:53,920 --> 00:40:58,440 This here is like a raised. 467 00:40:59,840 --> 00:41:04,540 almost balcony that you can, I mean it's not about, it's just a raised deck area 468 00:41:04,540 --> 00:41:11,700 it's just that it's only about four feet wide there and you walk down here to that lower 469 00:41:11,700 --> 00:41:17,340 portion of the deck and then these are stairs so this is like a little, it's not a sunroom 470 00:41:17,340 --> 00:41:24,120 but it's like a annex off the back of the house you walk down this way to the ground level 471 00:41:24,120 --> 00:41:31,860 you walk down this way to the the previous deck. The other part of this is that the 472 00:41:31,860 --> 00:41:38,700 the long-term goal probably next year is to rebuild the deck. These stairs are actually 473 00:41:38,700 --> 00:41:43,540 not that it's especially relevant to the case of the pool, but these stairs are particularly 474 00:41:43,540 --> 00:41:54,100 dangerous as water tends to run off the top of the house, go on to these stairs, freeze, and 475 00:41:55,540 --> 00:42:01,940 So, I'm actually going to rebuild the deck so that it comes all the way out at the higher 476 00:42:01,940 --> 00:42:11,880 level and put stairs down, walking to a pool level area over on the side here. 477 00:42:12,560 --> 00:42:15,640 So, I would increase the safety of the area. 478 00:42:15,780 --> 00:42:20,640 So, that's also why the pool is there, is that it's going to become attached to the, or 479 00:42:20,640 --> 00:42:21,500 above the deck. 480 00:42:21,500 --> 00:42:25,500 Okay. Do you reuse those posts that are there? 481 00:42:27,960 --> 00:42:30,320 I don't know that I'm going to be able to reuse. 482 00:42:30,840 --> 00:42:34,640 So there's two that are two or three that are further in. 483 00:42:34,980 --> 00:42:39,060 I'm hoping to be able to reuse the ones that are right next to the pool. 484 00:42:40,240 --> 00:42:44,640 They're only 12 inch footings. 485 00:42:45,600 --> 00:42:47,120 But where that will be lower. 486 00:42:47,120 --> 00:42:52,360 I think the 12 inch footing is okay, I'm still trying to research that and figure that out 487 00:42:52,800 --> 00:42:57,660 and making blue prints and understand that I have to get a permit for that and I was going to be doing that work. 488 00:42:58,820 --> 00:43:02,120 So I would expect myself to get a permit for that. 489 00:43:05,690 --> 00:43:15,990 There will be some footings further in that will be 18 inch that I'll have to dig out in place. 490 00:43:17,290 --> 00:43:22,730 Okay, so out of all that, so confirming again, the deck was there, you built the pool after. 491 00:43:23,630 --> 00:43:23,890 Okay. 492 00:43:23,930 --> 00:43:25,370 And that's why it's so far out. 493 00:43:27,570 --> 00:43:32,610 Where can you point out where your well is again? 494 00:43:33,090 --> 00:43:33,550 It's roughly. 495 00:43:34,310 --> 00:43:39,390 It's towards this corner of like the setback corner there. 496 00:43:39,450 --> 00:43:39,750 Okay. 497 00:43:39,850 --> 00:43:41,970 I mean, it's in here somewhere. 498 00:43:41,970 --> 00:43:46,910 and then the, uh, the swing set is here. 499 00:43:46,990 --> 00:43:48,870 Well, that could be, yeah, that can be moved. 500 00:43:50,130 --> 00:43:53,650 Initially, he said it was near the off the driveway, but it's not really off the driveway. 501 00:43:54,070 --> 00:43:54,710 It's not in the middle. 502 00:43:54,910 --> 00:43:57,210 No, it's in that building envelope. 503 00:43:58,870 --> 00:43:59,750 Uh, okay. 504 00:43:59,770 --> 00:44:07,450 So any reason why the pole can't be moved to that, uh, you know, north east corner. 505 00:44:09,390 --> 00:44:19,090 I suppose that we could have, but the intent was to have it sitting off the back of the deck is what we thought we'd wanted to try and accomplish. 506 00:44:19,290 --> 00:44:24,010 And the reason I ask is, it's hardship and special conditions. 507 00:44:25,790 --> 00:44:27,090 So, okay, thank you. 508 00:44:27,310 --> 00:44:27,890 Can I? 509 00:44:28,010 --> 00:44:28,430 Mr. Chair. 510 00:44:28,930 --> 00:44:30,690 I mean, it's September 15 right now. 511 00:44:30,750 --> 00:44:37,190 So if you had to move the pool presumably, you would have to drain it, just assemble it. 512 00:44:37,190 --> 00:44:41,230 move it before the liner shrinks in the sunlights that you didn't have to replace your whole 513 00:44:41,230 --> 00:44:46,310 liner over again. Make sure the area you were moving it to was graded. Refill it with water 514 00:44:46,310 --> 00:44:50,950 before it got too cold and you couldn't pump water through your hose line and then close it for the 515 00:44:50,950 --> 00:44:58,350 winner, right? That is also true, yes, thank you. Okay. Is there any cement foundation on the pool? 516 00:44:58,610 --> 00:44:59,570 I know it's above ground, but 517 00:45:00,660 --> 00:45:10,720 No, the only thing is that, so we had to have the area kind of leveled up a little bit, and flattened as well. 518 00:45:11,360 --> 00:45:17,460 So they put like, you know, peace donor or gravel, you know, gravel, but no cement poured. 519 00:45:18,020 --> 00:45:25,720 And then the pool supports just sit on like little half-papers that they placed. 520 00:45:25,720 --> 00:45:29,820 So no, there's no foundation, nothing like that. 521 00:45:32,240 --> 00:45:33,100 Anyone else? 522 00:45:37,820 --> 00:45:38,380 Sir? 523 00:45:39,100 --> 00:45:39,640 Good. 524 00:45:40,780 --> 00:45:43,220 Anything else you'd like to have before we go into the variations? 525 00:45:44,700 --> 00:45:46,960 I don't have anything else at the moment. 526 00:45:47,520 --> 00:45:48,120 Thank you. 527 00:45:48,720 --> 00:45:52,940 Motion to move into non-public debate. 528 00:45:53,460 --> 00:45:54,680 So second. 529 00:45:55,280 --> 00:45:55,620 Okay. 530 00:45:56,160 --> 00:45:58,980 So motion by Joe in a second by Kelly. 531 00:45:59,000 --> 00:46:00,380 All those in favor say aye. 532 00:46:00,880 --> 00:46:01,080 Aye. 533 00:46:03,090 --> 00:46:04,670 All right. Well, through the criteria. 534 00:46:17,600 --> 00:46:19,940 Number one, granting the variance would or would not be 535 00:46:19,940 --> 00:46:23,920 contrary to the public interest, A with a granting the variance would alter the essential 536 00:46:23,920 --> 00:46:28,560 character of the locality. I don't think it would. The houses are relatively close together. 537 00:46:28,740 --> 00:46:32,020 There are a number of buff crown pools in the neighborhood, and there are a number of buff 538 00:46:32,020 --> 00:46:36,540 ground pools in that neighborhood that have already sought in obtained variances. Anyone else? 539 00:46:36,740 --> 00:46:42,200 And I would just point out that a direct a butter has a pool that's on essentially the same line. It appears. 540 00:46:42,200 --> 00:46:48,120 I don't know if there is a barrier or not, but it appears to be the opposite. 541 00:46:49,100 --> 00:46:53,780 Be with the grants in the variance would affect a threat in public health safety, a welfare, 542 00:46:56,120 --> 00:47:02,660 the evidence to the spirit of the ordinance would or would not be observed. 543 00:47:03,700 --> 00:47:06,300 So Chris spirit is profound overcrowding. 544 00:47:08,890 --> 00:47:13,910 It's a vacant lot, but it's a budding onto, and so really the overcrowding argument is 545 00:47:13,910 --> 00:47:16,230 in light of that path. 546 00:47:16,270 --> 00:47:18,150 And especially where I don't think 547 00:47:18,150 --> 00:47:19,510 probably should be built on. 548 00:47:19,630 --> 00:47:21,590 I think future developments 549 00:47:21,590 --> 00:47:23,250 seem unlikely as well. 550 00:47:25,720 --> 00:47:26,580 Three grants in the variance. 551 00:47:26,720 --> 00:47:28,800 What would not to substantial justice? 552 00:47:31,020 --> 00:47:31,920 I mean, denying the variance 553 00:47:31,920 --> 00:47:33,520 at this point is going to require 554 00:47:33,520 --> 00:47:35,960 re-grading, moving up full 555 00:47:35,960 --> 00:47:38,900 significant new sense to the homeowner 556 00:47:41,150 --> 00:47:43,210 and probably significant cost. 557 00:47:46,140 --> 00:47:47,640 Anyone else on that? 558 00:47:49,950 --> 00:47:50,050 Yeah. 559 00:47:50,050 --> 00:47:54,930 I don't know if I want to give him the benefit because it's there when it shouldn't be there for the same time 560 00:47:54,930 --> 00:48:02,510 I think it's fair point, especially if it was a professional installation he didn't put it himself me kind of rely on the expertise of a business to do it 561 00:48:02,510 --> 00:48:04,110 So I think that's a fair 562 00:48:04,810 --> 00:48:11,380 I will add the cost cost to the applicant alone is not 563 00:48:12,610 --> 00:48:18,350 right should not be considered right unless there are other unless there are other 564 00:48:18,350 --> 00:48:22,730 you know, things support it. So I just want to throw that in. 565 00:48:23,530 --> 00:48:26,210 Well, plus looking at it as no permit was obtained. 566 00:48:26,710 --> 00:48:30,490 If the process would have been followed and a permit would have been obtained, then this would have, 567 00:48:30,490 --> 00:48:33,810 they would have found the discrepancy prior to putting the pool. 568 00:48:34,390 --> 00:48:37,350 So what does that say, you know, as far as 569 00:48:38,490 --> 00:48:41,350 if a mistake was made because, you know, 570 00:48:41,430 --> 00:48:45,390 the proper channels weren't for the proper procedure wasn't followed. 571 00:48:46,550 --> 00:48:51,090 It makes it difficult because it's kind of sending a precedent saying. 572 00:48:53,910 --> 00:48:57,070 Four of the values of the surrounding properties would or would not be diminished. 573 00:48:58,150 --> 00:48:59,830 I don't think we see any evidence there. 574 00:49:02,630 --> 00:49:03,670 So unnecessary hardship. 575 00:49:03,790 --> 00:49:07,470 Little enforcement of the provisions, the ordinance would result in an unnecessary hardship. 576 00:49:07,590 --> 00:49:11,510 Special conditions of the property distinguishes from properties in the area. 577 00:49:12,410 --> 00:49:24,470 One, there is, is or is not a fair and substantial relationship that exists between the general public purposes of the ordinance provision and the specific application of the provision to this property. 578 00:49:26,930 --> 00:49:30,550 So, you know, this points to the special conditions of the property. 579 00:49:31,470 --> 00:49:38,570 As Joe had mentioned, at least what's in the application I agree with, this is not a special condition. 580 00:49:38,790 --> 00:49:46,470 That's a good not knowing where your property line is. I surveyed my property, and there's a lot of properties this way. 581 00:49:46,670 --> 00:49:55,250 I didn't realize I thought that it was like rectangular from the road, and then I had the surveyer start going this way to the right. 582 00:49:55,250 --> 00:50:00,630 And my property line is two feet from my neighbor's driveway. 583 00:50:01,130 --> 00:50:05,050 And I'm sure that neighbor, until they told them, was not aware. 584 00:50:06,450 --> 00:50:11,170 And so I don't think that's a special condition of this property. 585 00:50:11,450 --> 00:50:12,510 I think it's pretty common. 586 00:50:13,170 --> 00:50:19,430 And then you appointed to the diligence, which, yeah, was not done either by the applicant 587 00:50:19,430 --> 00:50:22,290 in or the, you know, sounds like the contractor. 588 00:50:23,950 --> 00:50:26,130 So, I agree with those points. 589 00:50:26,950 --> 00:50:30,470 And I don't think that not being able to kind of see a property 590 00:50:30,470 --> 00:50:32,050 in line with necessarily special conditions. 591 00:50:32,310 --> 00:50:35,790 I do think though, there are some special conditions. 592 00:50:36,230 --> 00:50:38,930 It's 0.35 acres. That's probably the starting point. 593 00:50:38,990 --> 00:50:42,450 I mean, that's for, you know, I understand that neighborhood 594 00:50:42,450 --> 00:50:44,430 has smaller lots, but relative to Bedford. 595 00:50:45,210 --> 00:50:47,550 That is a relatively small lot, which does make it difficult 596 00:50:47,550 --> 00:50:53,030 to place a pool anywhere that's going to be within the setback that's not either going to be 597 00:50:53,030 --> 00:50:58,410 you know shaded entirely by the home or right up kind of against the house or I know we 598 00:50:58,410 --> 00:51:04,470 suggested maybe moving it towards what would be the northeast corner. I think I can see on the map you 599 00:51:04,470 --> 00:51:08,870 see some shading and the trees are ready so you have issues there you may have cut down some trees but 600 00:51:08,870 --> 00:51:17,530 also I think just thinking about that you know that essentially is putting a pool at the end of the 601 00:51:17,530 --> 00:51:21,690 what we're trying to do with the spirit of the ordinance, which is to avoid overcrowding 602 00:51:21,690 --> 00:51:28,110 and kind of have a conformant in the neighborhood, if you have a pool at the end of a parking 603 00:51:28,110 --> 00:51:31,650 while you're driving away, that's visible at the road, that does defeat the first, and then, 604 00:51:31,670 --> 00:51:33,990 of course, you have the well that he discussed. 605 00:51:34,130 --> 00:51:37,130 So I think there are some special conditions in that, probably. 606 00:51:37,910 --> 00:51:40,470 And I would agree with the Vice Chair on that. 607 00:51:40,470 --> 00:51:44,650 I think that's a special condition that he articulated would be the special conditions 608 00:51:45,050 --> 00:51:46,390 that were notable to me. 609 00:51:46,390 --> 00:51:49,990 I viewed any discussion about seeing or not seeing markers 610 00:51:49,990 --> 00:51:52,910 is kind of superfluous language that I just 611 00:51:52,910 --> 00:51:55,010 regard in. 612 00:51:55,010 --> 00:51:55,930 Anyone else? 613 00:51:57,070 --> 00:52:01,290 Well, I would just say that that was moved to put plantings 614 00:52:01,290 --> 00:52:05,910 in what a fence-off it's not insurmountable. 615 00:52:07,130 --> 00:52:09,610 Yeah, and I kind of agree with that. 616 00:52:09,870 --> 00:52:12,710 It doesn't have to be at the end of the driveway, 617 00:52:13,870 --> 00:52:29,350 And it doesn't have to fall as much into the setback if it were, if it were, say, behind that deck area, it still looks like it would get into the setback a little bit, but maybe not to the same extent. 618 00:52:30,210 --> 00:52:42,530 So anyone else can put a rectangle tool in, put a little ground. Yeah, visual. But then you paint, then you're painting from the pool. Yeah, there are options. 619 00:52:44,770 --> 00:52:47,910 Anyone else on that one? Okay. 620 00:52:47,910 --> 00:52:52,530 uh uh the proposed use is a reasonable one again not 621 00:52:52,530 --> 00:52:57,170 we'll get a focus on it's not like as a pull reasonable because yes pulls a reasonable 622 00:52:57,170 --> 00:53:02,950 garage is reasonable for this particular site is this pull reasonable 623 00:53:05,440 --> 00:53:11,540 I'm I mean yes I mean I think it's kind of displayed and again the neighbor's property 624 00:53:11,540 --> 00:53:16,680 has a pull on a very similar site that neighborhood which we don't know how they how it's not 625 00:53:16,680 --> 00:53:21,720 But I think it does kind of speak to the reason on this, of having a pool in that type of location. 626 00:53:22,020 --> 00:53:25,340 You know, close to the property line. 627 00:53:26,940 --> 00:53:27,900 Anyone else? 628 00:53:28,920 --> 00:53:29,360 All right. 629 00:53:29,560 --> 00:53:30,460 Is there a motion? 630 00:53:33,110 --> 00:53:41,510 Mr. Chair, I move that the board grant the variance for Article 5 section 275-34G subsection 3B to permit a pre-existing 631 00:53:41,510 --> 00:53:45,070 about down pool 10.2 feet from the rear property line. 632 00:53:45,070 --> 00:53:47,650 We're 20 feet is required at 14 mountain road. 633 00:53:47,910 --> 00:53:52,970 Lot 5-10-25, the motion is supported by the following findings of fact. 634 00:53:53,190 --> 00:53:56,890 One that the variance requests satisfies all five criteria for granting relief from the 635 00:53:56,890 --> 00:54:01,350 zoning ordinance for the reasons discussed in detail during the board's deliberations. 636 00:54:01,890 --> 00:54:05,290 And two that the board includes all facts found in the meeting minutes for this application 637 00:54:05,290 --> 00:54:08,130 and incorporates all meeting minutes into this decision. 638 00:54:09,530 --> 00:54:10,230 Is there a second? 639 00:54:10,810 --> 00:54:11,530 I'll second. 640 00:54:11,530 --> 00:54:19,610 So if that was a motion by Kelly in a second by Alex, all of a sudden, favor say aye, aye, aye, aye, and a no, 641 00:54:24,220 --> 00:54:34,860 no, no, no, but you know what I said aye, and I didn't really mean to say aye, I'm used to saying aye, but I will stick with that, particularly with that looked. 642 00:54:35,640 --> 00:54:44,680 Um, yeah, I'm a little ambivalent, but we're going to leave it if that's so, uh, the motion carries three, two. 643 00:54:44,680 --> 00:54:48,540 Is there a motion to go back into public input? 644 00:54:49,640 --> 00:54:52,720 So motion by Kelly is there a second? 645 00:54:52,720 --> 00:54:53,500 I'll second. 646 00:54:53,780 --> 00:54:55,260 All of us in favor say aye. 647 00:54:56,600 --> 00:54:58,460 Okay, so that is approved. 648 00:54:59,460 --> 00:54:59,980 Thank you. 649 00:55:00,100 --> 00:55:00,600 You're welcome. 650 00:55:03,710 --> 00:55:03,790 Okay. 651 00:55:05,470 --> 00:55:06,250 So agenda. 652 00:55:07,210 --> 00:55:09,010 Item number three. 653 00:55:09,930 --> 00:55:14,870 Is there a motion to go into public debate? 654 00:55:16,410 --> 00:55:21,750 So, so motion by Kelly in a second by Alex, all those in favor say aye. 655 00:55:21,750 --> 00:55:22,390 Aye. 656 00:55:23,190 --> 00:55:24,710 I can do we need a roll call for that. 657 00:55:27,020 --> 00:55:28,080 To go. 658 00:55:31,260 --> 00:55:32,980 There's no public input on this. 659 00:55:34,720 --> 00:55:37,000 There's no public input on this. 660 00:55:37,000 --> 00:55:37,860 I just expected. 661 00:55:39,620 --> 00:55:39,980 Okay. 662 00:55:41,700 --> 00:55:44,560 So this is item number three, 663 00:55:44,560 --> 00:55:51,360 Kyle Littau. Request for a re-hearing of the Zoning Board's August 18th, 2026 decision at 664 00:55:51,360 --> 00:56:00,980 Denai of variants from Article 3. Section 275-22A and Table 1 to permit a 16x30, 480 square 665 00:56:00,980 --> 00:56:07,000 foot to touch garage, 8 feet from the property line with 25 feet is required. At 105 666 00:56:07,000 --> 00:56:11,400 Michaela Serod, lot 2-12-8 zoned RNA. 667 00:56:33,120 --> 00:56:37,800 OK, so let's refresh August 18th meeting. 668 00:56:38,520 --> 00:56:39,480 We denied the variance. 669 00:56:42,360 --> 00:56:49,480 And the applicant at the time is requesting a re-hearing 670 00:56:49,480 --> 00:56:50,160 on the matter. 671 00:56:53,690 --> 00:56:57,810 So any input from board members about whether we should 672 00:56:57,810 --> 00:57:00,930 grant to re-hearing or deny the re-hearing. 673 00:57:04,060 --> 00:57:05,020 I want to do the hearing. 674 00:57:06,980 --> 00:57:07,520 Okay, why? 675 00:57:08,700 --> 00:57:10,140 All right, thank you, Grace, some points. 676 00:57:12,420 --> 00:57:12,960 Presentation. 677 00:57:14,280 --> 00:57:17,420 Okay, and is the communications to planning. 678 00:57:18,780 --> 00:57:19,500 The most recent. 679 00:57:20,320 --> 00:57:20,660 Yeah, for me. 680 00:57:20,660 --> 00:57:21,440 It's to be, okay. 681 00:57:22,000 --> 00:57:23,260 Can you all follow on? 682 00:57:23,320 --> 00:57:25,500 I can elaborate if that's helpful. 683 00:57:25,820 --> 00:57:29,020 I think that perhaps we should consider granting the re-hearing 684 00:57:29,020 --> 00:57:34,380 to address relevant legal questions, or arguments that the board may or may not have considered 685 00:57:34,380 --> 00:57:39,920 during the initial hearing of furthermore, I think that allowing the current decision 686 00:57:39,920 --> 00:57:46,360 to stand without further findings of fact on the record may run the risk of creating an 687 00:57:46,360 --> 00:57:46,940 injustice. 688 00:57:47,280 --> 00:57:52,300 So out of an abundance of caution, I think that I personally would be supportive of a re-haring. 689 00:57:52,300 --> 00:58:00,700 Okay, can you further give with that injustices or, you know, with their errors? 690 00:58:00,860 --> 00:58:05,280 Do you believe there are errors by the board or... 691 00:58:05,280 --> 00:58:14,870 I think that I think I'm sitting at a tough spot here because I didn't deliberate on 692 00:58:14,870 --> 00:58:18,590 the underlying application and I want to be very clear about that. 693 00:58:18,590 --> 00:58:35,820 However, I think that perhaps the board had some insight into the application that may or 694 00:58:35,820 --> 00:58:40,260 may not have been relevant at the time of consideration, and I would like to see the application 695 00:58:40,260 --> 00:58:45,840 specific findings that fact made on the record, and a fresh look given to the application as a result. 696 00:58:45,840 --> 00:59:01,820 Okay, so the opinions or the facts are not the facts, but the state and some of the statements... 697 00:59:01,820 --> 00:59:08,860 I think we're in relevant to the items that we were discussing, they were proportionality of the... 698 00:59:08,860 --> 00:59:20,600 And I would let me say that I would caution casually as a member only, although I do wear an attorney hat in my day job. 699 00:59:21,020 --> 00:59:35,060 But simply as a member of this board, I would caution members who express personal opinions that if they have strong feelings that would perhaps complicate their ability to vote on the matter, they consider refusing themselves for the re-hearing. 700 00:59:41,480 --> 00:59:49,100 All right, any other comments, so either, you know, basically in a nutshell, it's, you know, 701 00:59:49,280 --> 00:59:58,200 anything that you felt the board didn't do correctly or that there was new information that 702 00:59:58,200 --> 00:59:59,980 was not available to me. 703 01:00:00,000 --> 01:00:08,340 The applicant at the time that we should be considering that maybe he had been mentioned in his communications. 704 01:00:09,780 --> 01:00:22,520 Again, it would have to be something he was not aware of because if you were aware of it, not presenting a thorough application is not a reason to allow a re-hearing. 705 01:00:22,520 --> 01:00:35,080 true, but if it was consideration given that was not appropriate to the item that we were discussing, 706 01:00:36,380 --> 01:00:38,680 for instance, may offer, for instance? 707 01:00:40,520 --> 01:00:47,560 Well, I'd rather not like we're here the case, but I guess in general, because it's a 708 01:00:47,560 --> 01:00:51,680 percent direction here, specifically here, which it was before. 709 01:00:51,680 --> 01:00:59,020 your deliberation at this point doesn't have to be as specific as your deliberation when you are 710 01:00:59,020 --> 01:01:04,480 reviewing the five criteria in the non-public deliberation. I just want to make that clear. So 711 01:01:04,480 --> 01:01:09,780 granting the re-hearing if it's granted, we will notify the applicant and the process starts 712 01:01:09,780 --> 01:01:17,720 a new so you will have a fresh application. Yeah, I mean, I would say I think out of minimum there was at 713 01:01:17,720 --> 01:01:28,660 some ambiguity as to what was being considered when the motion was made and the final vote was 714 01:01:28,660 --> 01:01:36,780 made by the board and you know in order to maybe rectify any ambiguity about what factors were 715 01:01:36,780 --> 01:01:42,720 considered or what was or was not a consideration of the board, it could warns a re-herey. 716 01:01:44,280 --> 01:01:50,480 If I can just add to that, I did just want to add that I think that the board may have 717 01:01:51,240 --> 01:01:56,080 sidetracked on the proper application of the definition of unnecessary hardship as it pertains 718 01:01:56,080 --> 01:02:00,680 to the properties specifically, and also I think that the board has been presented with additional 719 01:02:00,680 --> 01:02:05,400 evidence regarding the topography of the land and for that reason alone and coupled with 720 01:02:05,400 --> 01:02:07,940 the former stated reason that we should allow for the re-caring. 721 01:02:07,940 --> 01:02:08,460 Okay. 722 01:02:09,000 --> 01:02:15,560 Although I'll go back to my initial one of my comments about the thoroughness of the presentation 723 01:02:15,560 --> 01:02:23,260 is not necessarily a good reason to allow a re-hearing because then we're deluding the 724 01:02:23,260 --> 01:02:28,400 first hearing and we were just allowing a second hearing all the time if someone comes 725 01:02:28,400 --> 01:02:29,300 unprepared. 726 01:02:29,900 --> 01:02:37,640 And so the topography may fall into that category where it wasn't presented and so do we allow 727 01:02:37,640 --> 01:02:42,980 two bytes of the apple every single time something like this comes up and somebody is not 728 01:02:42,980 --> 01:02:52,640 thoroughly prepared. I mean, I think that that's, you know, in the, you know, kind of the, 729 01:02:52,640 --> 01:03:01,660 some of the communications from the planning offices, you know, for the state that that should 730 01:03:01,660 --> 01:03:07,020 not be entertained. This is going to be something different. I think some of the points made 731 01:03:07,020 --> 01:03:16,860 for the special conditions of the property could have been given more consideration and thoughtfulness by the board. 732 01:03:17,640 --> 01:03:28,440 Setting aside his rather detailed nuanced supplemental presentation just looking at what was in the original packet. 733 01:03:31,500 --> 01:03:37,160 It sounds like we have enough, I think, and what somebody else has something else to add. 734 01:03:37,540 --> 01:03:41,580 Can we could probably entertain a motion? 735 01:03:42,340 --> 01:03:44,020 What somebody has something else to add? 736 01:03:44,940 --> 01:03:45,500 I would agree. 737 01:03:47,790 --> 01:03:53,830 I did feel that he came prepared, however, when I was reading through the additional email, 738 01:03:53,850 --> 01:03:58,510 he had sent to the planning department that were things as far as, you know, the percentages 739 01:03:58,510 --> 01:04:06,690 of the property that could be used for certain purposes that that I thought was valuable information 740 01:04:06,690 --> 01:04:07,950 to be considered. 741 01:04:10,040 --> 01:04:10,220 Okay. 742 01:04:10,780 --> 01:04:11,540 Anyone else? 743 01:04:11,720 --> 01:04:12,240 No. 744 01:04:12,800 --> 01:04:13,280 All right. 745 01:04:13,460 --> 01:04:15,160 Is there a motion? 746 01:04:15,540 --> 01:04:16,700 I'm assuming a rearing. 747 01:04:16,860 --> 01:04:21,960 Chair, pursuant to RSA-677, Colin III, and the Board's Rules of Procedure, I move 748 01:04:21,960 --> 01:04:29,480 that the board grant the motion for the hearing to clear up the record as to potentially 749 01:04:29,480 --> 01:04:34,740 in consistent commentary from board members with regard to the application of certain factors 750 01:04:35,480 --> 01:04:43,640 and to entertain additional information from the applicant and accordingly that we hold 751 01:04:43,640 --> 01:04:47,680 a re-hearing on the entire application with a better and public notice to follow. 752 01:04:48,520 --> 01:04:50,440 Okay, so motion by Kelly, is there a second? 753 01:04:50,900 --> 01:04:51,480 All second? 754 01:04:52,060 --> 01:04:53,500 Okay, second by Elizabeth. 755 01:04:53,500 --> 01:05:02,860 all of us in favor say aye. I opposed. Okay, motion carries. So we'll, there'll be set for next meeting. 756 01:05:05,510 --> 01:05:11,050 October that will be set for your next meeting. October. 757 01:05:12,290 --> 01:05:16,790 I don't need to check the calendar. Unless we don't have to have an on record. 758 01:05:19,130 --> 01:05:24,250 Yeah, you're going to send out the appropriate. 759 01:05:25,330 --> 01:05:25,590 Okay. 760 01:05:26,470 --> 01:05:27,730 Anything from planning? 761 01:05:28,370 --> 01:05:29,390 Not tonight. 762 01:05:30,130 --> 01:05:30,730 All right. 763 01:05:31,350 --> 01:05:33,050 Is there a motion to adjourn? 764 01:05:33,230 --> 01:05:33,610 So moved. 765 01:05:34,290 --> 01:05:35,770 So motion by Alex. 766 01:05:35,930 --> 01:05:36,690 Is there a second? 767 01:05:37,770 --> 01:05:39,870 A second by Liz. 768 01:05:39,970 --> 01:05:41,570 All is the paper say aye. 769 01:05:42,550 --> 01:05:42,950 Post. 770 01:05:43,970 --> 01:05:45,010 Meeting is adjourned.