1 00:00:00,000 --> 00:00:05,900 Good morning, Board of Adjustments. And, President, I'm, I'm Brooks McCampish, also President 2 00:00:05,900 --> 00:00:12,020 R. Bill Duffy. She and Bernie. The Mayor Negros. And Laura, beaten, 3 00:00:14,580 --> 00:00:16,460 is not, is not able to join 4 00:00:16,460 --> 00:00:18,660 us. We have a, we have a four person board tonight. 5 00:00:20,920 --> 00:00:22,960 And the first thing on the agenda would be 6 00:00:22,960 --> 00:00:29,520 public hearing for submitted by D.B. Design Group for the 7 00:00:30,800 --> 00:00:37,780 Allison and Daniel Salazar, Allison C. Salazar Revocable Crest. 8 00:00:38,700 --> 00:00:43,160 We have actually two applications submitted, 9 00:00:43,160 --> 00:00:56,830 of variance for variance and for a special exception and this is for property on 72 lakeshore 10 00:00:56,830 --> 00:01:07,990 drive type map number 20 lot 29 and I guess this point all oh I will confirm I have noticed 11 00:01:07,990 --> 00:01:09,790 There's some certification 12 00:01:11,870 --> 00:01:12,710 for the post office 13 00:01:12,710 --> 00:01:18,070 that the butter application was sent out. 14 00:01:18,810 --> 00:01:23,250 They're also posted on a couple of places in town 15 00:01:23,250 --> 00:01:27,510 as well as on the website of this hearing tonight. 16 00:01:29,990 --> 00:01:32,030 So at this point, I'll ask the applicants 17 00:01:32,030 --> 00:01:38,410 whoever to give us a tell us what they plan to do 18 00:01:38,410 --> 00:01:40,110 and why starting with the variance. 19 00:01:40,110 --> 00:01:40,270 Yes. 20 00:01:40,570 --> 00:01:41,010 Sure. 21 00:01:41,470 --> 00:01:42,070 Thank you. 22 00:01:42,690 --> 00:01:43,750 My name is Robert Waltz. 23 00:01:43,930 --> 00:01:46,490 I'm the architect on the project. 24 00:01:47,170 --> 00:01:48,930 This is the ASCAP architect. 25 00:01:49,170 --> 00:01:53,410 We're also representing the earlier application. 26 00:01:54,450 --> 00:01:59,970 If I can, I can use the screen to give you some context. 27 00:02:00,590 --> 00:02:04,130 I understand that most of you are able to get out on the sidewalk. 28 00:02:04,710 --> 00:02:08,270 I'll put a picture on the top of the couple. 29 00:02:08,270 --> 00:02:16,010 So we have a property here, along the shoreline, the bulk of the property is on the lace 30 00:02:16,010 --> 00:02:24,050 side of that throne, there is land also on the other side, and one thing I want to turn 31 00:02:24,050 --> 00:02:26,810 the attention to, I'll come back to the later, the contour lines. 32 00:02:27,590 --> 00:02:34,310 So this is relatively flat and rising to an apex here, and then drops off both deeply 33 00:02:34,310 --> 00:02:45,410 down here and continues to a dead end. The existing site has three buildings today and we're 34 00:02:45,410 --> 00:02:50,650 going to end up talking about all of them. There's an existing house and deck structure here 35 00:02:50,650 --> 00:02:56,330 indicated along parallel to the lakeshore and so much shifted to the north end of the site. 36 00:02:57,270 --> 00:03:02,310 I'll start to catch some hordes at the top of the page. The second structure is 37 00:03:02,310 --> 00:03:05,690 It's labeled as a garage, but there are too many vehicles 38 00:03:06,130 --> 00:03:08,130 that exist that would get into this garage, 39 00:03:08,670 --> 00:03:11,190 based on little size and photography. 40 00:03:11,970 --> 00:03:15,070 And this garage is essentially on the property line 41 00:03:15,790 --> 00:03:18,190 and the evaluation of current setbacks. 42 00:03:19,110 --> 00:03:21,590 There's a third building, this little cabin, 43 00:03:22,210 --> 00:03:24,390 it's an uninsulated existing structure. 44 00:03:25,670 --> 00:03:27,550 And again, we'll end up, we'll find ourselves 45 00:03:27,550 --> 00:03:28,830 talking about that again. 46 00:03:28,830 --> 00:03:46,010 This variance is the time the focus of the variance has to do with relief to the minimum distance between any building and the public greater plan, W50P. 47 00:03:46,730 --> 00:03:53,050 So basically our proposal is seeking relief for the distance to the existing road. 48 00:03:53,050 --> 00:03:59,310 So, just want to get to the factual information around the site. 49 00:03:59,990 --> 00:04:01,250 So, foundry is here. 50 00:04:02,070 --> 00:04:03,990 There's a neighbor immediately to the south. 51 00:04:04,970 --> 00:04:06,710 There's also a neighbor to the north. 52 00:04:08,130 --> 00:04:10,710 And the history of this law is that, 53 00:04:10,910 --> 00:04:14,990 and the reason possibly the building is so focused at this end, 54 00:04:15,550 --> 00:04:18,490 is that this is partially used to actually be three small lots. 55 00:04:23,670 --> 00:04:35,010 So this lock over time has been merged and it's now legally one lock, but I think we see the some of the residual effects of the initial bill here. 56 00:04:35,650 --> 00:04:41,510 A series of extensions and additions over time has this decaying water larger lock. 57 00:04:43,330 --> 00:04:53,290 And so, you know, it's switched to the proposal and we're going to talk first about the proposal. 58 00:04:53,290 --> 00:04:55,990 Is there another variance application? 59 00:04:56,390 --> 00:04:57,510 You have two special exceptions. 60 00:04:57,990 --> 00:04:58,830 You have two special exceptions? 61 00:05:04,070 --> 00:05:05,810 If not, I can look down at the end of the screen. 62 00:05:08,030 --> 00:05:09,070 That's the right thing. 63 00:05:10,650 --> 00:05:11,270 Go ahead. 64 00:05:11,270 --> 00:05:12,070 Do you have a question? 65 00:05:14,790 --> 00:05:15,530 I do now. 66 00:05:15,830 --> 00:05:15,990 Do you? 67 00:05:16,310 --> 00:05:16,650 Yep. 68 00:05:18,230 --> 00:05:19,230 Do you need anything? 69 00:05:19,510 --> 00:05:19,930 Are you good? 70 00:05:20,450 --> 00:05:21,070 No, I'm good. 71 00:05:21,330 --> 00:05:21,810 Okay, thank you. 72 00:05:23,130 --> 00:05:31,690 So, right now, please, the screen is to the proposed requesting the old through this variance process, 73 00:05:46,150 --> 00:05:55,310 So the proposal is again, we will continue to have three separate structures, we've proposed 74 00:05:55,310 --> 00:06:04,130 a more compliant garage here with better access, elevation, and more appropriate distance 75 00:06:04,130 --> 00:06:08,570 from both the stopper line and the drainage feature. 76 00:06:09,230 --> 00:06:11,110 There's a existing culvert. 77 00:06:11,330 --> 00:06:14,350 It goes under the road right at the same property boundary. 78 00:06:15,110 --> 00:06:21,990 And so there is water that travels under the road, exits a culvert here and proceeds down 79 00:06:23,370 --> 00:06:28,970 We are now giving that proper distance to the building, so that's the garage. 80 00:06:29,610 --> 00:06:37,050 There is a new house, which this lot is very much of a balancing act, where in order 81 00:06:37,050 --> 00:06:45,490 to respect both setbacks from water, lake edge and the road, there is effectively no building 82 00:06:45,490 --> 00:06:51,170 area left when those lines are applied, and so what we've done is we're respecting the 83 00:06:51,170 --> 00:06:55,390 distance from the lake, which is somewhat putting us into this need for 84 00:06:55,390 --> 00:07:00,070 Americans from the road setback, but there are no neighbors on the other side of the road. 85 00:07:00,310 --> 00:07:01,970 We do not get back to anyone in there. 86 00:07:02,630 --> 00:07:04,630 We'll get to that in the questions. 87 00:07:05,790 --> 00:07:10,390 So we've located the house both back from the lake to be more sensitive to the lake 88 00:07:11,110 --> 00:07:14,410 about the boundary, but also we've sent you to buildings. 89 00:07:14,410 --> 00:07:25,830 And that has to do with primarily being a more appropriate placement relative to the boundary line and improving your distance to neighbors. 90 00:07:26,930 --> 00:07:37,550 And then lastly, we've done the cabin structure, which again will point it back from the lake into a more compliant location relative to DDS and state permitting. 91 00:07:37,550 --> 00:07:46,290 and we're basically rotating it and it now enjoys a planted buffer to additional respect 92 00:07:46,290 --> 00:07:48,290 the privacy of the neighbors in the South. 93 00:07:49,710 --> 00:07:53,610 So that's the overview of what we're proposing. 94 00:07:54,330 --> 00:07:55,870 We've got a much simpler driveway. 95 00:07:57,010 --> 00:08:00,290 We heard from the fire chief when we were working with him on driveway permit. 96 00:08:00,290 --> 00:08:04,910 And it's our expectation that this will be more serviceable 97 00:08:05,350 --> 00:08:08,950 both to the owners as a year-round residents, 98 00:08:09,210 --> 00:08:11,910 as opposed to a seasonal draw, which is what it's been, 99 00:08:12,570 --> 00:08:15,790 but also to make for safer ingrass and ingrass 100 00:08:15,790 --> 00:08:18,290 for emergency vehicles to be in ambulance or fire. 101 00:08:18,990 --> 00:08:20,830 And so we've got a very simple layout here, 102 00:08:21,290 --> 00:08:25,170 as opposed to what was a fairly difficult, 103 00:08:32,270 --> 00:08:38,810 So, I can answer any other complex questions, and then I would go on to the five very 104 00:08:40,570 --> 00:08:47,110 I'm going to start with the board, by the way, which you saw earlier today, or placement. 105 00:08:48,550 --> 00:08:57,970 Now, the drawing you gave us today, really, it shows things in a better, a little better format than before and the after. 106 00:08:57,970 --> 00:08:58,610 I'm sure some. 107 00:08:58,970 --> 00:08:59,510 Do you see everything? 108 00:08:59,630 --> 00:09:05,830 One of the usual days is dark lines are missing, having some light lines that we love 109 00:09:05,830 --> 00:09:06,370 most. 110 00:09:07,150 --> 00:09:09,750 Those states that are in situ today. 111 00:09:10,010 --> 00:09:14,290 Those states, whether we did say it earlier, those states were told that they answered 112 00:09:14,290 --> 00:09:15,790 a light for the survey. 113 00:09:17,070 --> 00:09:22,690 So, these credentials will be a complete compromise in the actor's opinion. 114 00:09:24,170 --> 00:09:31,230 That plane we gave you today actually just gave out a plane from the survey, so they're all safe. 115 00:09:35,010 --> 00:09:37,370 So they're all safe. 116 00:09:37,810 --> 00:09:48,600 So, if you're ready, you can go through the five criteria, pass through all the various landing areas. 117 00:09:48,600 --> 00:09:55,840 And so the first criteria is that this area is not just a monster, it's all of these things. 118 00:09:58,200 --> 00:10:00,260 This is the structure that's the dark. 119 00:10:00,800 --> 00:10:02,100 And that's the, you don't know. 120 00:10:03,280 --> 00:10:09,700 Is that the archer also relocates the new home further from the lane and further from the 121 00:10:09,700 --> 00:10:17,620 I would like to introduce some of our impacts to the shoreline and over on the side. 122 00:10:18,840 --> 00:10:23,740 We're going to do that whole by placing it in by the technology that we're going to talk more about, 123 00:10:24,080 --> 00:10:27,820 as far as how we're handling around the shoreline water. 124 00:10:29,500 --> 00:10:32,580 They're basically, that's only the road set back, 125 00:10:33,180 --> 00:10:37,000 which does not create any threat to color to help save people welfare. 126 00:10:37,000 --> 00:10:43,840 and we very much maintain the presidential character of the neighborhood and in Hampshire 127 00:10:43,840 --> 00:10:51,320 lay homes, because we're improving the relationship of the building and its placement to the 128 00:10:51,320 --> 00:10:54,280 lake, to the topography of the Angela Surroundland property. 129 00:10:56,040 --> 00:11:03,040 We are reducing the encroachment on the most environmental sensitive portions of this project by 130 00:11:03,040 --> 00:11:10,440 increasing the distance with a late, increasing the clearance distance to the drainage features. 131 00:11:11,660 --> 00:11:17,540 And we're also, at the same time, by building new, despite having what should be existing building for other opportunities. 132 00:11:18,180 --> 00:11:25,420 We're able to, through new construction, bring up the quality of this building to current codes, egress, and fire safety. 133 00:11:26,720 --> 00:11:35,000 and we're improving also some potentially questionable outcomes of the whole building 134 00:11:35,000 --> 00:11:41,580 that may have even had a bathroom and it's exiting directly into this waterway. 135 00:11:42,720 --> 00:11:45,540 So through new construction we're able to improve all those things. 136 00:11:49,760 --> 00:11:55,800 the proposed house and garage are relocated. 137 00:11:56,320 --> 00:12:00,900 They're more compliant, but they do not meet the current stuff out. 138 00:12:02,040 --> 00:12:05,880 And so we're using this improvement and balance between 139 00:12:05,880 --> 00:12:10,740 the Lake top lake sensitivity, neighbor sensitivity, 140 00:12:11,560 --> 00:12:15,780 and trying to find the best place to place the building. 141 00:12:15,780 --> 00:12:19,740 So that's number one, not contrary. 142 00:12:20,460 --> 00:12:24,200 Number two is the variance, if the variance were granted, 143 00:12:24,660 --> 00:12:28,360 the spirit of Bradford zoning ordinance would be in serve. 144 00:12:30,260 --> 00:12:33,120 The ordinance, the ordinance, is to protect public welfare, 145 00:12:33,880 --> 00:12:36,680 preserve natural resources, and guide development 146 00:12:36,680 --> 00:12:39,120 in a reasonable environmental and responsible manner. 147 00:12:39,700 --> 00:12:42,360 This proposal achieves all of those goals, 148 00:12:42,360 --> 00:12:47,620 as I've said by shifting the building placement and reducing the impacts to the shoreline, 149 00:12:49,020 --> 00:12:54,960 the strict application of the road setback would actually force read about closer to the link 150 00:12:54,960 --> 00:13:02,800 or eliminate the possibility of placing a building whatsoever on this law. So we're opting for 151 00:13:02,800 --> 00:13:09,080 proposing something that preserves the residential spirit of the property, very much keeping 152 00:13:09,080 --> 00:13:16,600 other way, like designs and buildings, all improving overall site condition and reducing 153 00:13:16,600 --> 00:13:25,000 those potential negative impacts. Number three is that the proposal would result in substantial 154 00:13:25,000 --> 00:13:32,060 justice being done, and these start to be a bit repetitive, but they all are very similar. 155 00:13:32,060 --> 00:13:34,920 We are going to 156 00:13:38,320 --> 00:13:44,520 be reducing the impervious area and through updating with site engineering 157 00:13:44,520 --> 00:13:48,420 to address water management and water runoff. 158 00:13:49,460 --> 00:13:56,040 So as I said before, the justice here is really to protect the link and that benefits it. 159 00:13:56,880 --> 00:14:03,260 When we met with the planning board, they were quite fuses that this alliance with their goals 160 00:14:03,260 --> 00:14:05,160 and I'm sure we'll hear more from them next week. 161 00:14:06,040 --> 00:14:07,740 But we're focusing on this, 162 00:14:08,200 --> 00:14:09,460 that we're able to do a public, 163 00:14:09,620 --> 00:14:10,760 we're creating public benefits, 164 00:14:11,640 --> 00:14:14,080 not just for the local nearby neighbors, 165 00:14:14,240 --> 00:14:15,140 but the entire community. 166 00:14:15,780 --> 00:14:18,340 We're creating more responsible development 167 00:14:18,340 --> 00:14:23,680 of this site, with modern site work development, 168 00:14:24,380 --> 00:14:27,920 modern capture of water and runoff of the building, 169 00:14:28,520 --> 00:14:31,060 and any of the paid areas. 170 00:14:32,160 --> 00:14:38,480 So we think that the impact to the road set back is relatively minor in comparison to those 171 00:14:38,480 --> 00:14:41,280 environmental benefits of the reconstruction that we say. 172 00:14:43,930 --> 00:14:48,850 Moving on to number four, if the variance for granted, the value of surrounding properties 173 00:14:48,850 --> 00:14:59,050 will not be diminished because the proposed replacement takes away, well, an appealing building. 174 00:15:00,210 --> 00:15:28,430 It's actually a series of sort of single rooms. It's not terribly high quality. It's charming. But essentially, it's a relatively, it's an assembly of relatively low value buildings. Some parts are done well, some parts are not done so well. So, if anything, we're going to be raising the value of surrounding properties for the new structure. We'll be improving the lake water quality, as I've mentioned. 175 00:15:28,430 --> 00:15:38,190 and reducing further criticism, so if anything you increase the value of surrounding properties is not decreasing. 176 00:15:39,990 --> 00:15:47,690 And then the last criteria, which talks about hardship, has multiple parts. 177 00:15:48,570 --> 00:15:54,610 The special conditions exist that the literal enforcement of the ordinance results in unnecessary hardship. 178 00:15:55,910 --> 00:16:01,690 And so we believe we actually meet this criterion in the number of ways, and it has to do with 179 00:16:01,690 --> 00:16:04,330 the overall site geometry, which is relatively unique. 180 00:16:05,030 --> 00:16:10,930 And it's unique, not just because of the amount the other locks certainly have in the whole size of the road. 181 00:16:12,070 --> 00:16:16,910 In our case, the road really comes quite dramatically through our site. 182 00:16:17,270 --> 00:16:22,970 It would be much preferred if the site with the road continued and actually seems like it could have gone more straight, 183 00:16:23,590 --> 00:16:31,030 giving us more space and, again, reducing that 50 foot impact, but the thing that's most unique about our site, 184 00:16:31,270 --> 00:16:38,850 you don't know if anyone noticed it today, the drive along this road, you will notice obviously buildings on one side and parking on the other. 185 00:16:39,390 --> 00:16:46,010 The road is relatively flat. There's inclines that I was watching you again today when I went down there. 186 00:16:46,010 --> 00:16:51,090 The ink be rises and falls our couple feet, two, three feet up, two, three feet down. 187 00:16:52,150 --> 00:16:58,550 Within this site, we have over 12 feet of vertical change, and that makes this site much 188 00:16:58,550 --> 00:17:00,210 more difficult to place buildings. 189 00:17:00,950 --> 00:17:06,430 The combination of the placement of the road and the vertical component of the road is the 190 00:17:06,430 --> 00:17:12,530 most specific thing that I get to as far as being a unique condition of this law, where we 191 00:17:12,530 --> 00:17:18,530 We see conditional relief to this front setback so that we can place this building in this appropriate location. 192 00:17:19,970 --> 00:17:25,290 So that's how we talk about it in a different meaningful way from the other properties in the area 193 00:17:25,290 --> 00:17:27,390 that have to do with horizontal and vertical. 194 00:17:28,230 --> 00:17:34,690 And that causes this property to be burdened more severely than others in the same zoning restrictions, 195 00:17:34,690 --> 00:17:37,330 which is the third criteria. 196 00:17:39,350 --> 00:17:45,390 So it's a, it's really a pretty remarkable site, you can write down to it the like the actual 197 00:17:45,390 --> 00:17:51,430 buildable area, you know, it's something in here between all these completed offset lawns 198 00:17:51,430 --> 00:17:54,390 from both the state and the town under current. 199 00:17:54,830 --> 00:17:56,990 I was telling you, actually, it's really great. 200 00:17:57,070 --> 00:18:02,170 Grant, what about the actual buildable area with the town growth there? 201 00:18:02,550 --> 00:18:02,990 Is not. 202 00:18:03,150 --> 00:18:03,930 There's an action now. 203 00:18:04,170 --> 00:18:05,310 It's a negative building area. 204 00:18:05,310 --> 00:18:07,470 and they don't let you take all of them there. 205 00:18:07,590 --> 00:18:09,250 Yeah, they overlap each other. 206 00:18:09,690 --> 00:18:12,810 In 75, this line coming from one way, 207 00:18:13,150 --> 00:18:15,570 or like this line coming from the road, 208 00:18:16,330 --> 00:18:17,690 and then this line points back, 209 00:18:18,110 --> 00:18:20,370 there's actually not a spot for that. 210 00:18:20,670 --> 00:18:22,930 Which then needs you to only be able to work 211 00:18:22,930 --> 00:18:25,710 with what's existing, which then doesn't allow us 212 00:18:25,710 --> 00:18:27,450 these other opportunities for improvement. 213 00:18:32,840 --> 00:18:38,620 So the last particular key is given a special condition, 214 00:18:38,620 --> 00:18:40,640 Instead of just talking about public property, 215 00:18:42,590 --> 00:18:44,700 the proposed use is a reasonable one. 216 00:18:45,100 --> 00:18:47,140 The proposed single-family residence 217 00:18:47,690 --> 00:18:49,340 is reasonable and customary. 218 00:18:49,740 --> 00:18:52,160 And consistent with the other late property 219 00:18:52,160 --> 00:18:55,080 sold to you at all, and the requested 220 00:18:55,080 --> 00:18:57,580 variant supports more environmental 221 00:18:57,580 --> 00:19:01,020 responsible design, moving the structure appropriately back 222 00:19:01,020 --> 00:19:03,120 from the lake, and reducing impacts 223 00:19:03,120 --> 00:19:07,480 to both shoreline and neighbors creating a reasonable, 224 00:19:07,480 --> 00:19:10,100 the residential single-family use of the property. 225 00:19:11,680 --> 00:19:13,760 So those are the criteria. 226 00:19:14,480 --> 00:19:16,440 And we want to copy the answering questions 227 00:19:16,440 --> 00:19:19,460 or stand up any of those or showing 228 00:19:19,460 --> 00:19:21,680 any of the information that you have questions. 229 00:19:22,520 --> 00:19:24,300 Would you have a couple other things to share 230 00:19:24,800 --> 00:19:26,580 as far as the letters of support? 231 00:19:27,700 --> 00:19:27,900 Well, question. 232 00:19:28,060 --> 00:19:31,360 So I was in the file I find one other support. 233 00:19:31,600 --> 00:19:32,900 Like you said, you've had some others. 234 00:19:32,900 --> 00:19:37,760 This one is from the gene vision for the 235 00:19:37,760 --> 00:19:39,360 metacicum timber corporation, the 236 00:19:39,360 --> 00:19:42,440 farm's land, and the northeast across the 237 00:19:42,440 --> 00:19:42,660 road. 238 00:19:46,240 --> 00:19:47,380 Here's the socket one. 239 00:19:47,900 --> 00:19:50,420 And then we also have one of the 240 00:19:50,420 --> 00:19:51,060 neighbors here. 241 00:19:52,100 --> 00:19:53,320 I won't read the whole thing, but 242 00:19:53,320 --> 00:19:55,900 basically, they are, they believe that 243 00:19:55,900 --> 00:19:57,600 the proposed home and accessory 244 00:19:57,600 --> 00:19:59,280 buildings consistent with the established 245 00:19:59,280 --> 00:20:03,780 a third of these short drive, and the message 246 00:20:03,780 --> 00:20:05,920 he can timber corporation supports the cell 247 00:20:05,920 --> 00:20:06,820 as ours application. 248 00:20:07,200 --> 00:20:09,300 And respectfully request that the board approve 249 00:20:09,300 --> 00:20:11,420 the permits and variance is necessary for this project. 250 00:20:13,080 --> 00:20:19,080 So I also have a letter from Sarah Pillsbury. 251 00:20:19,900 --> 00:20:21,600 And I'll probably use it as a cell. 252 00:20:21,980 --> 00:20:22,780 Properties of cells. 253 00:20:22,980 --> 00:20:23,580 This one here. 254 00:20:24,780 --> 00:20:27,260 And purpose of this correspondence is to let 255 00:20:27,260 --> 00:20:33,780 Let me know that we do not oppose the cell as ours desire to tear down their existing 256 00:20:33,780 --> 00:20:37,440 house and nourage and instruct a new resident on their property as shown on the submitted 257 00:20:37,440 --> 00:20:37,860 plan. 258 00:20:39,520 --> 00:20:44,680 My family has been on a button in this property for 73 plus years and I am not surprised 259 00:20:44,680 --> 00:20:50,060 and I am not surprised that with many additions over time, their house will be a challenge 260 00:20:50,060 --> 00:20:51,620 to be modeled to the A standards. 261 00:20:52,520 --> 00:20:56,540 It appears that what being proposed strives to be a minimum impact you lost in more protective 262 00:20:56,540 --> 00:20:58,160 of the lake, which we greatly appreciate. 263 00:20:59,400 --> 00:21:01,600 We leave it to your judgment as to compliance 264 00:21:01,600 --> 00:21:02,980 with the garden zoning standards, 265 00:21:03,200 --> 00:21:05,580 the appropriateness of the variance has requested. 266 00:21:06,280 --> 00:21:09,200 Our concerns do not have, include not having 267 00:21:09,200 --> 00:21:13,160 been altered to the detriment of our property. 268 00:21:14,080 --> 00:21:17,740 I continue to run off to continue to go into the north. 269 00:21:19,400 --> 00:21:22,080 And the obvious need to ensure passage of the fire 270 00:21:26,060 --> 00:21:30,840 We're grateful for this opportunity to support our new neighbors and be heard. 271 00:21:31,140 --> 00:21:31,860 We understand it. 272 00:21:34,560 --> 00:21:39,420 We support the requirements, goals, and bread from all of these people. 273 00:21:51,790 --> 00:21:53,270 We have an enormous volume here. 274 00:21:53,610 --> 00:21:55,510 We have a way back on business together. 275 00:21:57,610 --> 00:21:59,250 Can you state your name for the 276 00:21:59,250 --> 00:22:02,730 that, 2019, can you stick your name? 277 00:22:03,230 --> 00:22:05,770 My name is Theodore Schumus, and I'm 82, 278 00:22:06,150 --> 00:22:08,090 my wife and I'm 82, he's for a drive. 279 00:22:09,890 --> 00:22:13,610 And he has been the neighbors of the Southwest. 280 00:22:13,990 --> 00:22:17,310 His purpose is to fire that without the family on the house. 281 00:22:18,490 --> 00:22:21,950 And the thing I'm most excited about is what he did for two. 282 00:22:22,690 --> 00:22:25,330 Well, I'm not being a hydro engineer, 283 00:22:25,510 --> 00:22:27,650 I'm an engineer with that now, and that's two bed. 284 00:22:27,650 --> 00:22:34,870 I constantly maintain the road to avoid road sand invotration into that stream. 285 00:22:36,050 --> 00:22:39,130 That piece of property that you mentioned will come up over the top. 286 00:22:39,930 --> 00:22:45,830 Dan and I try and keep literally all the sand over the top of that road from making its way into the stream bed. 287 00:22:46,570 --> 00:22:51,350 I keep that area personal thing because that stream bed is on my side of property. 288 00:22:51,350 --> 00:22:55,850 and all that property means towards our property line. 289 00:22:56,130 --> 00:22:58,170 And if you look at the current construction of the drives of it, 290 00:22:58,310 --> 00:23:00,070 there's a couple of old four-by-four timbers 291 00:23:00,650 --> 00:23:03,250 and run off, come down to the slow-by-four timbers 292 00:23:03,250 --> 00:23:05,730 and run straight off into the strain and into our property. 293 00:23:06,470 --> 00:23:11,850 And having those systems at my house to meet state 294 00:23:11,850 --> 00:23:14,030 and the town requirements, having all the water 295 00:23:14,550 --> 00:23:16,330 going to a drainage pond behind the house 296 00:23:16,330 --> 00:23:19,150 and settling in prior to going into the lake, 297 00:23:19,150 --> 00:23:23,830 I really appreciate what the engineers are saying here, and I'm more than supportive. 298 00:23:24,150 --> 00:23:28,250 I fully support what they're doing and the garage is dealt against the proper line as you may 299 00:23:28,250 --> 00:23:32,310 have seen through the walkthrough, but I'm supposed to see it in the garage this year. 300 00:23:32,890 --> 00:23:38,590 And all that work on the off-the-drawing creates erosion and adds to the challenges of that 301 00:23:38,590 --> 00:23:40,490 stream, that natural training. 302 00:23:41,430 --> 00:23:47,350 So that part of the project mostly excites me and then obviously, obviously, what they're 303 00:23:47,350 --> 00:23:51,630 We're doing a whole increase the value of all the properties of it on this in my own 304 00:23:51,630 --> 00:23:52,030 for sure. 305 00:23:53,250 --> 00:23:56,790 If you have any questions in the area we have an answer on but I don't need to say much 306 00:23:56,790 --> 00:23:57,570 more than that, guys. 307 00:23:58,090 --> 00:23:58,350 Questions? 308 00:23:59,110 --> 00:23:59,610 For anyone? 309 00:24:02,470 --> 00:24:03,130 Any questions? 310 00:24:03,670 --> 00:24:05,470 I don't have any questions. 311 00:24:05,950 --> 00:24:07,150 I'm looking at the plan. 312 00:24:07,150 --> 00:24:15,750 I like seeing that the pitch of the impervious or well supposed to be pervious surfaces are 313 00:24:15,750 --> 00:24:18,030 away from the lake, that's good. 314 00:24:18,030 --> 00:24:18,830 and 315 00:24:20,940 --> 00:24:22,680 it looks like a straight improvement. 316 00:24:24,400 --> 00:24:30,990 So we want to, there's no further discussion 317 00:24:30,990 --> 00:24:33,650 from the board, questions from the board, 318 00:24:33,910 --> 00:24:35,710 questions from the audience. 319 00:24:36,610 --> 00:24:39,350 Before we close this part of the public hearing, 320 00:24:39,890 --> 00:24:44,130 we want to make some notes about the facts of the case. 321 00:24:49,930 --> 00:24:50,230 Let's start. 322 00:24:59,600 --> 00:25:06,930 An existing housing garage on a non-conforming lot, 323 00:25:06,930 --> 00:25:17,410 It's a non-conforming use of that lot, but they were in existence, both were in existence 324 00:25:17,410 --> 00:25:21,030 a lot before zoning was implemented, so they are ran fine. 325 00:25:22,290 --> 00:25:24,870 At this point, it's a legal building. 326 00:25:26,150 --> 00:25:34,390 It's legal to have a building there on a lot of that size, so that's point one. 327 00:25:34,390 --> 00:25:48,360 point two is the existing buildings are in not great shape. Definitely need some work 328 00:25:48,360 --> 00:25:51,900 if they were to be continued 329 00:25:54,230 --> 00:25:54,850 to be used. 330 00:25:57,150 --> 00:25:58,710 And the 331 00:26:00,720 --> 00:26:05,060 existing building, the existing house 332 00:26:05,060 --> 00:26:11,540 The process is a good bit closer to the lake than current regulations require. 333 00:26:12,040 --> 00:26:19,320 Fred, for zoning ordinance, and as the garage is right up against a neighbor's property. 334 00:26:23,830 --> 00:26:27,980 Also, not a serviceable garage and not a building at which age? 335 00:26:28,440 --> 00:26:30,520 Do we have those numbers specifically? 336 00:26:31,040 --> 00:26:31,320 Which? 337 00:26:32,140 --> 00:26:33,240 The setbacks. 338 00:26:34,560 --> 00:26:34,820 The car? 339 00:26:34,920 --> 00:26:35,240 The setback? 340 00:26:35,240 --> 00:26:40,620 The existing and the proposed that they can look at this thing on the point. 341 00:26:45,380 --> 00:26:48,200 I can see it. I just didn't know if we had the specific numbers. 342 00:26:48,800 --> 00:26:57,260 So, I'm going to say that the existing garage is a foot or less from the property line at its closest point. 343 00:26:58,420 --> 00:27:12,800 I was about 20 feet from the lake shore and also from the neighbor to the west north. 344 00:27:12,800 --> 00:27:16,080 No, yeah, a little more than 20 feet maybe. 345 00:27:17,380 --> 00:27:19,260 More, closer to 30. 346 00:27:52,560 --> 00:27:56,980 Given the geometry 347 00:27:59,640 --> 00:28:01,440 of the existing lot of the lot, 348 00:28:05,470 --> 00:28:07,530 let's say, let's back up. 349 00:28:10,310 --> 00:28:15,990 The proposal is to move, to raise the existing house, 350 00:28:15,990 --> 00:28:22,350 move it back further from the, build a new house back further from the lake and a 351 00:28:22,350 --> 00:28:29,410 new garage further from the property line to the north and also to move an 352 00:28:29,410 --> 00:28:36,610 existing one-bedroom seasonal cabin that also be back further from the lake. 353 00:28:41,390 --> 00:28:47,790 I have a common hammershift, this is the place to make, so as we mentioned 354 00:28:47,790 --> 00:28:53,370 were there moving that cabinet to involve cutting down a number of trees and obviously building 355 00:28:53,370 --> 00:28:57,090 that house is going to lose a lot of trees in that spot. 356 00:28:59,290 --> 00:29:01,390 And I just want to make sure that it's 357 00:29:01,390 --> 00:29:10,150 somewhere stated that when the existing house is raised that natural native species are planted, 358 00:29:10,330 --> 00:29:14,970 there's something to, you know, place some of that designation in the company to maintain that 359 00:29:14,970 --> 00:29:17,130 I don't want the short lines, I think that's pretty important. 360 00:29:18,530 --> 00:29:19,090 Do they have them? 361 00:29:20,870 --> 00:29:22,930 The band is for the main work. 362 00:29:23,450 --> 00:29:25,130 Specifically, it says all these. 363 00:29:25,330 --> 00:29:29,390 Okay, all right, okay. 364 00:29:29,610 --> 00:29:38,110 It looks like the gravel, the existing gravel is going to be 365 00:29:38,110 --> 00:29:40,670 all replaced with vegetative buffers. 366 00:29:40,670 --> 00:29:41,710 So, yeah. 367 00:29:42,990 --> 00:29:45,790 Well, I know her being a star, it's like that. 368 00:29:46,050 --> 00:29:48,270 It's not going to be either position but her or her being. 369 00:30:03,730 --> 00:30:16,070 The plan to reduce the total amount of history to reduce the area of impervious services overall in the lot is that I'm not correct there. 370 00:30:16,370 --> 00:30:16,850 If 371 00:30:20,300 --> 00:30:27,320 you want me to give you the numbers. If you like, I'm not going to, I don't need to be able to go over those. 372 00:30:27,760 --> 00:30:35,920 Yeah, we're going to reduce the, we're going to reduce the impervious by, these 373 00:30:44,120 --> 00:30:45,120 are all 374 00:30:45,120 --> 00:30:46,300 the numbers at the top of this plant. 375 00:30:46,640 --> 00:30:46,780 Correct. 376 00:30:47,220 --> 00:30:47,320 No. 377 00:30:48,560 --> 00:30:48,860 Yeah. 378 00:30:49,120 --> 00:30:49,240 Yeah. 379 00:30:49,600 --> 00:30:50,080 Pretty much. 380 00:30:56,580 --> 00:30:57,040 Thank you. 381 00:30:57,340 --> 00:30:57,520 Um. 382 00:30:58,660 --> 00:31:00,040 Uh, quite a little. 383 00:31:24,790 --> 00:31:25,230 Yeah. 384 00:31:25,310 --> 00:31:25,830 You're on the plant. 385 00:31:25,990 --> 00:31:26,070 Yeah. 386 00:31:26,150 --> 00:31:26,270 You're on the plant. 387 00:31:26,270 --> 00:31:26,510 You're on the plant. 388 00:31:26,510 --> 00:31:26,690 Yeah. 389 00:31:26,930 --> 00:31:27,690 You're on the plant. 390 00:31:33,020 --> 00:31:36,540 So plan is to reduce impervious surfaces. 391 00:31:37,400 --> 00:31:48,640 area pervious services by approximately 3%. The geometry is a lot in the road, the 392 00:31:48,640 --> 00:31:49,020 biography, 393 00:31:53,250 --> 00:32:03,980 do present a number of constraints to where building might be located, where 394 00:32:03,980 --> 00:32:05,100 any building might be located. 395 00:32:22,670 --> 00:32:23,090 What else? 396 00:32:31,300 --> 00:32:34,280 Neighbors who have a butters who have been in touch 397 00:32:34,280 --> 00:32:38,340 with us are support the project and 398 00:32:52,040 --> 00:32:59,700 they mentioned reduced impact to the lake, 399 00:33:13,450 --> 00:33:14,210 anything else 400 00:33:14,210 --> 00:33:15,310 do we need to do? 401 00:33:19,840 --> 00:33:20,460 We can't read, man. 402 00:33:20,820 --> 00:33:20,980 Well, 403 00:33:45,910 --> 00:33:51,010 I'm going to ask the applicants, is there anything that we've missed in that list 404 00:33:51,010 --> 00:33:54,450 that should be noted in our findings of fact? 405 00:34:00,800 --> 00:34:01,240 Well, 406 00:34:07,790 --> 00:34:13,610 you have the opportunity to, you know, we write the list, but you have the opportunity 407 00:34:13,610 --> 00:34:15,970 to review and... 408 00:34:16,550 --> 00:34:21,670 The only other thing is that we've referred to the cabins in one way, the one room... 409 00:34:21,670 --> 00:34:21,990 One room... 410 00:34:22,570 --> 00:34:23,650 The one 411 00:34:28,960 --> 00:34:29,900 room... 412 00:34:29,900 --> 00:34:32,180 The one room... 413 00:34:32,180 --> 00:34:35,220 Yeah, that would be the fire chief. 414 00:34:36,020 --> 00:34:37,080 That would be the fire chief. 415 00:34:37,340 --> 00:34:38,060 That would be the fire chief. 416 00:34:38,060 --> 00:34:42,900 Exactly. The only thing that stuck out in here is a one-room building. 417 00:34:43,240 --> 00:34:46,020 It's a one-room building with no plumbing. 418 00:34:46,180 --> 00:34:46,580 No plumbing. 419 00:34:47,040 --> 00:34:47,180 Correct. 420 00:34:47,440 --> 00:34:49,140 So, I don't think it needs... 421 00:34:53,320 --> 00:34:54,920 I'll say no one's ever asleep there. 422 00:34:56,040 --> 00:34:57,300 The purpose is... 423 00:34:57,300 --> 00:34:58,520 No, I think it's legally a bedding. 424 00:35:00,540 --> 00:35:01,660 Code bed or shoes? 425 00:35:02,440 --> 00:35:04,480 I'll call it a summer cabin. 426 00:35:06,670 --> 00:35:07,650 Small summer cabin. 427 00:35:12,600 --> 00:35:15,040 If there's no further questions and suggestions, 428 00:35:15,780 --> 00:35:22,300 We can close this part of the hearing and move on to the special exception. 429 00:35:22,720 --> 00:35:23,000 We'll 430 00:35:27,290 --> 00:35:28,010 do that at this point. 431 00:35:29,570 --> 00:35:36,430 We can be voting on them together later for, yeah, we'll do the public hearings, we'll 432 00:35:36,430 --> 00:35:38,890 do it, take care of them, and then vote on. 433 00:35:43,660 --> 00:35:44,140 Right. 434 00:35:46,480 --> 00:35:47,320 The mission is open. 435 00:35:47,600 --> 00:35:51,820 We're moving on to the application for a special exception, 436 00:35:56,460 --> 00:35:57,340 735. 437 00:36:20,480 --> 00:36:26,080 So, the specialists, I'm not going to cover the contacts together for this session. 438 00:36:26,560 --> 00:36:27,440 In the sampling area. 439 00:36:29,080 --> 00:36:31,180 The criteria for special exception. 440 00:36:32,040 --> 00:36:35,400 What we're doing here is a non-conforming building that's stated. 441 00:36:36,620 --> 00:36:40,900 And that we're working to enlarge the reduced difference at the requirements. 442 00:36:42,620 --> 00:36:44,360 So, the first question. 443 00:36:44,360 --> 00:36:48,140 and how is the site appropriate for the proposed use 444 00:36:48,140 --> 00:36:49,000 or structure? 445 00:36:50,280 --> 00:36:51,920 The property is to start the event 446 00:36:51,920 --> 00:36:54,100 of a single family, late park residents, 447 00:36:54,400 --> 00:36:56,000 and remains the single family. 448 00:36:56,820 --> 00:36:57,420 Late park residents, 449 00:36:58,040 --> 00:37:02,020 the proposal replaces an aging existing structure 450 00:37:02,020 --> 00:37:07,040 and structures with new structures specifically designed 451 00:37:07,470 --> 00:37:10,040 for the overall layout of the merge block. 452 00:37:13,460 --> 00:37:19,760 The proposed layout includes the site configuration by relocating buildings further from the lake, 453 00:37:20,440 --> 00:37:26,980 relocating buildings from side property lines, and maintaining reasonable residential footprint distances. 454 00:37:27,680 --> 00:37:30,620 On this non-conforming block, the best of our ability. 455 00:37:30,620 --> 00:37:40,240 So, the next criteria, how was the proposal not detrimental, nor injurious to the neighborhood? 456 00:37:40,940 --> 00:37:46,880 I think it's a very good term with the support of the neighbors that this is a DMG student improvement. 457 00:37:47,880 --> 00:37:51,700 And we maintain the existing resident character of the neighborhood. 458 00:37:52,500 --> 00:37:56,500 And we don't introduce any new or nor incompatible uses. 459 00:37:56,500 --> 00:38:08,480 The replacement structure is consistent with surrounding the lake front development patterns and is designed to improve the overall relationship between the house and lake and the neighboring properties. 460 00:38:09,120 --> 00:38:25,080 We're reducing impacts as mentioned, providing through this work or providing opportunity for improved drainage, improved stormwater treatment and better shoreline stewardship compared to the existing condition. 461 00:38:25,080 --> 00:38:33,230 The next trick area talks about how is this proposal as this proposal address potential 462 00:38:33,230 --> 00:38:37,590 undue nuisance or hazard that pedestrians are getting to the traffic. 463 00:38:40,380 --> 00:38:47,810 It really contains the same use and the same impacts, the same traffic, things of that nature 464 00:38:47,810 --> 00:38:54,530 We're not increasing any use or expect any different relationship to the roadway. 465 00:38:55,370 --> 00:39:01,310 And we will not create any use sensor hazard to pedestrians in order to get them traveling. 466 00:39:01,930 --> 00:39:06,170 If anything, we're going to be moving the driveway closer to the cast of the hill 467 00:39:06,510 --> 00:39:14,010 to create improved viewing distances and slightly greater safety for a relatively low travel road. 468 00:39:14,010 --> 00:39:20,650 Also, I wrote relatively low speed, so the proposed relocation and 469 00:39:20,650 --> 00:39:26,230 re-configuration improved site circulation and access to the roadway, 470 00:39:26,570 --> 00:39:30,830 there'll be no commercial activity, no increase in traffic, 471 00:39:30,830 --> 00:39:34,430 because all 472 00:39:37,440 --> 00:39:47,000 of the, some of the other topics that we don't 473 00:39:47,000 --> 00:39:55,540 where we're remaining the same as the current original design to veteran residents, which is consistent in the DDS requirements. 474 00:39:56,860 --> 00:40:04,600 All the sedatory facilities and utilities will be designed in permanent importance with local and state regulation. 475 00:40:06,140 --> 00:40:13,560 The next criteria of facilities will provide for parking and utilities to ensure proper use of the structure. 476 00:40:14,560 --> 00:40:20,840 We're certainly providing better parking, actually parking that will follow more typical 477 00:40:20,840 --> 00:40:21,400 patterns. 478 00:40:22,260 --> 00:40:27,680 The parking is on-screen, she can imagine this is unorthodox, whereas the new parking 479 00:40:27,680 --> 00:40:36,920 will certainly be more expected with modern turning radius's parking places and we do continue 480 00:40:36,920 --> 00:40:41,280 by the way that some of us park across the street today, that parking will remain unchanged 481 00:40:41,280 --> 00:40:46,660 change from the other side, that's existing, and that's not changed from the two designs. 482 00:40:47,520 --> 00:40:54,760 So, arming and utilities drainage will be designed to support your own residential use. 483 00:40:55,360 --> 00:41:00,300 We're actually talking about how to handle snow storage and snow clearing, for instance, 484 00:41:01,160 --> 00:41:07,700 try to create better scenarios than what is this today, and always focusing on reducing 485 00:41:07,700 --> 00:41:10,040 in fact, simply, or surrounding properties. 486 00:41:11,440 --> 00:41:13,740 And then the last criteria for special exception 487 00:41:14,940 --> 00:41:18,320 asks, is this proposal consistent with the spirit 488 00:41:18,320 --> 00:41:22,900 of the ordinance, the intent of the master plan. 489 00:41:23,480 --> 00:41:26,700 And as we've already stated, it's certainly 490 00:41:26,700 --> 00:41:31,580 promoted to reasonable development of a pre-existing non-conforming 491 00:41:31,580 --> 00:41:34,980 law, while improving environmental conditions 492 00:41:34,980 --> 00:41:39,280 is introducing, sure, on this project, 493 00:41:39,280 --> 00:41:42,640 supports protecting water quality, maintaining 494 00:41:42,640 --> 00:41:45,780 a good character and a good relations, 495 00:41:46,700 --> 00:41:48,820 and encouraging responsible state to sign. 496 00:41:50,420 --> 00:41:53,240 Obviously, removing the structure further than the lake. 497 00:41:55,380 --> 00:42:00,000 Big part of that proposal preserves the long-term established 498 00:42:00,000 --> 00:42:03,600 residential use of the property, adapting the site 499 00:42:20,240 --> 00:42:25,700 The only comment I have is that don't forget about the driveway permit with the road agent. 500 00:42:26,440 --> 00:42:32,160 We spoke to the fire chief today about that and we'll put that in the bucket of all 501 00:42:32,160 --> 00:42:38,660 things that, assuming we're successful tonight, we'll apply for that as part of the work. 502 00:42:39,180 --> 00:42:39,400 Special 503 00:42:43,430 --> 00:42:45,490 information from the ward, further questions. 504 00:42:48,950 --> 00:42:49,530 We'll set, 505 00:42:56,250 --> 00:43:01,730 when we close the public hearing, we'll make a list of the facts that we found. 506 00:43:02,670 --> 00:43:16,290 And I'm just going down what's been claimed on the application, but first, it is a property 507 00:43:19,550 --> 00:43:30,310 has been used as a lakeside, lakeshore, residents, seasonal or otherwise, since before 508 00:43:30,310 --> 00:43:33,110 are, as long as implemented in New Hampshire, 509 00:43:35,490 --> 00:43:39,430 but the applicants proposed to remove the existing building, 510 00:43:39,430 --> 00:43:43,130 which is not in great shape, or two of the buildings, 511 00:43:44,080 --> 00:43:46,790 and replace those with slightly 512 00:43:49,420 --> 00:43:49,920 larger, 513 00:43:50,100 --> 00:43:54,600 a slightly larger residence, but it would be set back 514 00:43:55,070 --> 00:44:00,360 further from, make sure, and put a button 515 00:44:00,360 --> 00:44:00,880 to the north. 516 00:44:00,880 --> 00:44:01,800 I think 517 00:44:04,550 --> 00:44:10,230 just in garage, it's not usable. Currently not usable as a garage would be also moved 518 00:44:10,230 --> 00:44:13,550 further from the driveway 519 00:44:19,050 --> 00:44:25,470 would be redone to improve drainage on the property but also 520 00:44:25,470 --> 00:44:34,010 to improve, the new driveway would improve site lines from the road a little closer to the 521 00:44:34,010 --> 00:44:40,570 talk to Hill, which might make for a safer, 522 00:44:43,140 --> 00:44:47,000 better safety for that, for traffic for the 523 00:44:47,000 --> 00:44:47,360 pedestrians. 524 00:44:52,910 --> 00:44:59,970 The new structure would be, as the old one, as the new building would be. 525 00:45:01,260 --> 00:45:23,260 Would be a two-bedroom residence, the main building, as is the old building. There's no change there. I didn't see it on your application, but it's my understanding that a new septic system is part of this proposal to replace the existing one which may well need, 526 00:45:25,660 --> 00:45:31,080 which may not be functioning as the testing one may not be functioning as it should this point. 527 00:45:31,080 --> 00:45:44,700 I knew septic system to state code would be installed, there would be more parking, improved 528 00:45:44,700 --> 00:45:49,780 parking for access to the house, also 529 00:45:52,440 --> 00:45:54,980 talked about improved overall, 530 00:45:59,900 --> 00:46:01,120 the site range on 531 00:46:01,120 --> 00:46:08,200 the site would be improved, which would help to protect the lake environment, the lake 532 00:46:08,200 --> 00:46:18,520 shore. And there was a discussion about snow removal, management of snow removal to 533 00:46:18,520 --> 00:46:30,880 make that, that those considerations would be part of this plan in order to make it easier 534 00:46:30,880 --> 00:46:43,480 make access easier around use of the property and other properties on the road and also to protect the lake from runoff 535 00:46:49,050 --> 00:46:51,070 are the facts 536 00:46:53,820 --> 00:46:54,180 that I 537 00:46:57,810 --> 00:47:03,330 I don't know if anything else you should be at it. 538 00:47:03,330 --> 00:47:04,850 I think you caught the highlights. 539 00:47:09,820 --> 00:47:11,860 And before the public hearing is closed, 540 00:47:12,140 --> 00:47:15,560 this is your opportunity to comment on the facts. 541 00:47:15,760 --> 00:47:17,140 We presented them. 542 00:47:20,820 --> 00:47:22,100 There's no further questions. 543 00:47:22,260 --> 00:47:23,320 We'll close the public hearing. 544 00:47:29,310 --> 00:47:32,550 747 at this point. 545 00:47:33,090 --> 00:47:40,350 We can liberate us just when we take up the variance first as was presented to us. 546 00:47:42,910 --> 00:47:45,950 To do that role, I think we need to go through the five. 547 00:47:47,930 --> 00:47:49,010 The five criteria. 548 00:47:51,410 --> 00:47:52,350 We members of the board. 549 00:47:53,170 --> 00:48:01,470 You may know that three or more members of the board actually believe that all five of the criteria have been met. 550 00:48:01,470 --> 00:48:01,470 Yeah, 551 00:48:05,800 --> 00:48:12,220 let's start with the, we need to make a motion on that, or do we make a motion at any time? 552 00:48:12,720 --> 00:48:18,060 I would make a motion that all five meet criteria without anyone going to go through them again. 553 00:48:18,620 --> 00:48:19,640 And I would second that. 554 00:48:24,960 --> 00:48:26,560 Could you further discussion on that? 555 00:48:27,120 --> 00:48:32,360 I don't, other than that we typically have gone through all five individually. 556 00:48:42,000 --> 00:48:48,320 I agree with the arguments given in the application as presented. 557 00:48:50,780 --> 00:48:51,860 I guess that's my question. 558 00:48:53,340 --> 00:48:56,210 All five as presented. 559 00:48:57,970 --> 00:48:59,030 In which case, 560 00:49:01,660 --> 00:49:04,500 if that's the case we don't, I don't think we do need to go through everyone. 561 00:49:04,500 --> 00:49:07,560 I thought we did. I thought there was a change. 562 00:49:08,960 --> 00:49:10,280 Well, that's the one. 563 00:49:10,740 --> 00:49:12,160 Let's go through them quickly then. 564 00:49:12,420 --> 00:49:13,400 Real quick, yeah. 565 00:49:13,720 --> 00:49:16,160 I was drawn by Emotion. 566 00:49:16,580 --> 00:49:22,180 Not your motion is still on the floor, but we're just going to discuss it at this point. 567 00:49:27,040 --> 00:49:30,770 Number one, comments on the first question. 568 00:49:34,830 --> 00:49:37,970 This proposal is not contrary to public interest. 569 00:49:41,280 --> 00:49:42,760 I have no comments there. 570 00:49:42,760 --> 00:49:47,540 I don't think we need to make a motion on e20 individually. 571 00:49:47,820 --> 00:49:49,100 We just need to have it. 572 00:49:49,420 --> 00:49:50,420 Just to have it. 573 00:49:50,680 --> 00:49:53,400 We haven't known that we've considered e20 individually. 574 00:49:54,160 --> 00:49:57,660 So I would suggest that it's not public. 575 00:49:57,920 --> 00:50:00,740 It would not be contrary to public interest 576 00:50:00,740 --> 00:50:10,930 because the proposal would replace a house that's not 577 00:50:11,530 --> 00:50:15,090 building a house that's not in good condition on a garage in any of the worst 578 00:50:15,090 --> 00:50:19,850 condition moving them further from the lake which would protect the health 579 00:50:21,740 --> 00:50:27,700 to protect the lake environment and further from the lake further from the 580 00:50:27,700 --> 00:50:36,560 a butter property line closer to the road but that will make it easier in some 581 00:50:36,560 --> 00:50:38,840 respect. Yeah, probably the least impactful. 582 00:50:46,160 --> 00:50:49,180 I would agree. There's no other comments we'll 583 00:50:49,180 --> 00:50:55,220 go to would experience regret it with the spirit of the ordinance be observed. 584 00:50:59,740 --> 00:51:01,680 I think yes, because 585 00:51:01,680 --> 00:51:10,540 there are all the changes that are made around this. Improving, improving, improving existing situation 586 00:51:11,420 --> 00:51:18,940 which is an older building and older amenities. 587 00:51:20,980 --> 00:51:22,900 And I think the same logic can be approved. 588 00:51:23,140 --> 00:51:25,600 Yeah. Go for the third criteria. 589 00:51:27,000 --> 00:51:29,840 The proposal would result in substantial justice being done. 590 00:51:32,130 --> 00:51:36,890 Again, it's improving the protection of the late. 591 00:51:39,240 --> 00:51:42,000 By moving the building back and improving the drainage 592 00:51:42,000 --> 00:51:42,480 on a lot. 593 00:51:48,520 --> 00:51:54,240 I think that that would be a greater benefit to the to the public. 594 00:51:56,980 --> 00:51:58,660 Then I 595 00:52:02,080 --> 00:52:02,380 don't 596 00:52:02,380 --> 00:52:12,210 see any anything negative to the public interest from from the city itself. They would have 597 00:52:12,210 --> 00:52:19,030 the right to rebuild on the same site on the same footprint as the existing house, but the 598 00:52:19,030 --> 00:52:21,330 The proposal would definitely improve the 599 00:52:25,810 --> 00:52:31,090 protection of the lake and, et cetera. 600 00:52:34,140 --> 00:52:38,620 If the granted value of surrounding properties are not being diminished, 601 00:52:43,800 --> 00:52:46,660 again, I think, improving 602 00:52:48,840 --> 00:52:49,160 the 603 00:52:52,480 --> 00:53:01,220 distance from the neighbors, protecting and helping to protect the neighbor's property 604 00:53:01,220 --> 00:53:05,140 and as well as protecting the lakeshore, 605 00:53:12,600 --> 00:53:14,740 I've only been able to help the value of the neighborhood 606 00:53:15,080 --> 00:53:21,310 and taking a building that's been described as charming, 607 00:53:21,510 --> 00:53:25,490 but also not in great shape and replacing it 608 00:53:25,490 --> 00:53:29,430 with something that's up 609 00:53:31,540 --> 00:53:32,940 to modern 610 00:53:35,240 --> 00:53:36,220 standards, I guess. 611 00:53:39,580 --> 00:53:43,260 I've only been able to help the value of properties 612 00:53:43,260 --> 00:53:44,020 in the neighborhood. 613 00:53:44,820 --> 00:53:50,660 So, lastly, the special existing conditions exist such that the little enforcement, literal 614 00:53:50,660 --> 00:53:56,080 enforcement of the ordinance results in unnecessary hardship because they 615 00:53:58,700 --> 00:53:59,320 have explained 616 00:53:59,880 --> 00:54:03,300 the special conditions on this property that the signature from other properties in the 617 00:54:03,300 --> 00:54:08,600 area and in some of the ways that it is different in a meaningful way from other properties in 618 00:54:08,600 --> 00:54:09,000 the area. 619 00:54:12,800 --> 00:54:18,820 How the property is burdened more severely than others by the zoning restrictions and 620 00:54:22,980 --> 00:54:23,180 given 621 00:54:23,180 --> 00:54:24,740 in the special conditions of the property, 622 00:54:25,520 --> 00:54:27,520 explain how the proposed use is a reasonable one. 623 00:54:27,640 --> 00:54:31,200 I think we've explained quite it would be a reasonable one. 624 00:54:34,330 --> 00:54:37,710 I think the issue is, how is the property 625 00:54:37,710 --> 00:54:40,730 different in a way from other properties in the area? 626 00:54:46,130 --> 00:54:48,110 Several things that jump out to me, 627 00:54:48,690 --> 00:54:49,730 that would be the 628 00:54:52,770 --> 00:54:54,950 topography of this particular lot, 629 00:54:55,250 --> 00:54:59,350 and also its relationship to the road bends 630 00:54:59,350 --> 00:55:08,600 and as of the property and also goes downhill fairly steeply as it goes by the property. 631 00:55:08,920 --> 00:55:12,140 So those are two reasons that those 632 00:55:16,170 --> 00:55:17,590 are two things that are different about this property 633 00:55:17,590 --> 00:55:19,590 from others and if 634 00:55:21,640 --> 00:55:24,240 the proposal went ahead it would protect the, 635 00:55:27,420 --> 00:55:29,280 it would help to mitigate 636 00:55:30,860 --> 00:55:39,000 great issues from the road as well as possibly traffic safety, etc. 637 00:55:43,980 --> 00:55:44,480 I'm very happy now. 638 00:55:44,880 --> 00:55:45,440 I'll do the vibe. 639 00:55:46,760 --> 00:55:47,140 So happy. 640 00:55:48,440 --> 00:55:52,020 Having further discussion on the motion about the motion on the floor, 641 00:55:52,140 --> 00:55:54,500 which would be to improve a group. 642 00:55:54,720 --> 00:55:57,300 You said to approve the plan as presented. 643 00:55:57,960 --> 00:55:59,620 Yeah, to approve the plan. 644 00:55:59,860 --> 00:56:01,140 As presented to the board. 645 00:56:01,140 --> 00:56:02,040 hearing 646 00:56:05,010 --> 00:56:07,830 none, call for vote on a favor, say aye. 647 00:56:08,890 --> 00:56:12,910 I think that was four in favor, so the variance is passed. 648 00:56:13,690 --> 00:56:15,010 Jump on to the special exception, 649 00:56:15,830 --> 00:56:16,310 so 650 00:56:18,580 --> 00:56:20,480 somebody will make more of that. 651 00:56:22,340 --> 00:56:29,900 Special exception is needed because we have a grandfathered building, 652 00:56:30,780 --> 00:56:35,060 grandfathered use, the proposal is to expand the footprint of it, 653 00:56:35,060 --> 00:56:38,240 But at the same time, it would be you moving it back. 654 00:56:39,420 --> 00:56:41,840 It would be addressing the 655 00:56:44,050 --> 00:56:45,030 benefits of doing that. 656 00:56:45,810 --> 00:56:51,590 Let's propose we've already discussed that we do need to approve a special exception 657 00:56:51,590 --> 00:56:56,170 to allow an expanded footprint from the buildings over there. 658 00:56:57,370 --> 00:57:02,030 I'll make a motion that we accept a special exception application 659 00:57:02,030 --> 00:57:03,850 and plans as written. 660 00:57:05,150 --> 00:57:06,270 I would second that. 661 00:57:08,010 --> 00:57:09,870 Discussion? Oh, yeah. 662 00:57:15,850 --> 00:57:23,130 I would say that the, that the, to me, the, the application 663 00:57:23,810 --> 00:57:28,310 describes the situation fairly and, uh, both, uh, 664 00:57:28,590 --> 00:57:33,380 and that what is proposed would, would certainly be an 665 00:57:33,380 --> 00:57:36,660 improvement to them, to the current situation. 666 00:57:45,240 --> 00:57:49,420 Yeah, I think we can address appropriately any 667 00:57:52,490 --> 00:58:00,130 further discussion on the favor of the motion to signify by saying I 668 00:58:42,040 --> 00:58:42,580 I 669 00:58:50,740 --> 00:58:56,480 know we don't have to vote on each one individually but don't are we supposed to? 670 00:58:56,480 --> 00:59:18,120 I don't know, I just thought I thought there was something, I know this one is afraid, so I think the main thing is that anyone that's in favor of it, should agree that all hydrogen have been met, 671 00:59:21,510 --> 00:59:23,470 and if that's clearly stated, 672 00:59:25,470 --> 00:59:32,130 If it hasn't been clear in the application in the discussion before, it's probably good to go through it individually. 673 00:59:33,850 --> 00:59:41,650 If there's controversy about how it has been to code for it, it's not clear then it's good. 674 00:59:41,890 --> 00:59:43,490 This seems to correct a bunch of things. 675 00:59:44,670 --> 00:59:51,430 The hypothetical, I guess, was that not that this was occurring or as it was occurring. 676 00:59:51,430 --> 00:59:59,970 But if, if, as a group, everybody felt like the majority... 677 01:00:00,000 --> 01:00:14,740 The majority of the questions had been fulfilled, but not everybody, but it wasn't the same three people for each. 678 01:00:18,800 --> 01:00:27,740 Yeah. For each criteria. To vote in favor, one has to believe that all five criteria have 679 01:00:27,740 --> 01:00:28,040 been met. 680 01:00:33,710 --> 01:00:37,610 If there's not three people that agree to that, that's my understanding of 681 01:00:37,610 --> 01:00:37,730 how. 682 01:00:40,640 --> 01:00:46,060 I know there's other, sometimes, in some cases, people will go through each one and vote 683 01:00:46,060 --> 01:00:53,260 on each some zoning boards will vote on each Nigerian and if that's where you get that 684 01:00:53,260 --> 01:01:01,620 situation where one might be one wasn't met and another person might feel that another 685 01:01:01,620 --> 01:01:09,500 wasn't met so that's just five person board that's two people you know or four person board 686 01:01:09,500 --> 01:01:12,560 and that's due to that don't lead the long-fi for men. 687 01:01:13,800 --> 01:01:16,260 No, not so much that the majority of the board 688 01:01:20,080 --> 01:01:21,440 passes and the majority. 689 01:01:21,880 --> 01:01:22,760 Yeah, right, right, right. 690 01:01:24,100 --> 01:01:26,360 Well, that's how we've done it. 691 01:01:26,800 --> 01:01:30,720 I think, you know, so well put together presentations. 692 01:01:31,220 --> 01:01:31,940 Yeah, amazing. 693 01:01:34,820 --> 01:01:35,300 Okay. 694 01:01:35,980 --> 01:01:37,600 Anything else we need to come into that? 695 01:01:38,300 --> 01:01:39,580 Motion to adjourn again? 696 01:01:40,140 --> 01:01:40,880 Yeah, very nice. 697 01:01:41,020 --> 01:01:41,320 Second. 698 01:01:41,320 --> 01:01:45,700 I have to say that next meeting will be September 2nd, 699 01:01:53,550 --> 01:01:55,010 looking to turn on favor. 700 01:01:55,510 --> 01:01:55,750 All right. 701 01:01:56,090 --> 01:01:56,290 Hi. 702 01:01:56,290 --> 01:01:56,850 Bye.