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Okay.

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Good evening everybody.

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Welcome to the zoning Board of Adjustment

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for June 18th, 2026.

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Please rise for the Pledge of Allegiance

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Of Allegiance Flag in the United States of America

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and the Republic will stands All nation under God,

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indivisible, with liberty and justice.

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All right, beautiful. Sorry for the delay.

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We had some technical difficulties

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and actually I didn't mind the break either.

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So let's proceed

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with introducing ourselves from my left side,

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please. Anthony Henry,

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Michael Donlin, Richard Trip, crystal Morin, secretary

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Lynn Perkins, the chair, Jim Dettol, gospel Bimba,

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Jim Jason Regard.

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And we have code enforcement Officer Carrie Owen.

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And our clerk is Eileen Boudreaux. Thank you.

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And Mr. Corbett, you're at home, I believe. Correct.

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Remote waiting for confirmation. You do see him there? Yes,

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Mr.

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Chair, we have confirmed and Mr. Corbett is able to speak.

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All right, great.

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So before we proceed, please shut off all your cell phones,

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electronic gadgets that create distraction in proceedings.

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In the event of emergency,

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please exit to the rear of the room.

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Do not use the elevator.

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These proceedings are scheduled

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to terminate at 10:00 PM in our audio video recorded.

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Any other announcements I need?

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Okay, scene, no gestures there.

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Let's get right on with our first case,

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which is 25 dash one 18.

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It is tere properties, LLC.

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We have representation here for Yep. Come right up

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and good evening.

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We have all kinds of new faces on this matter, right? We

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Do.

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Your understanding is that the HAB has asked this board

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to review its findings and recapture them

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or define them more clearly

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or open this up for rehearing. Is that your understanding

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For you to put together the compile findings

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of fact based on three factors

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that were stated in the HAB order?

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Yep. So as the HAB,

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this case is almost a year old, HAB took five months to

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get a decision correct.

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Our faces are changing and members are changed now as well.

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I will say to you, for the record and Mrs.

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Attorney Sarkis presentation, there was one aspect

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that he alm almost had me swayed.

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And this vote was a two to three denial

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on the factor that his hardship definition

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and the merging of uses

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and how they may have been affecting the, the,

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the area was a promise was a strong argument.

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On the other side of this is the part that

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persuaded me to say no was the fact that as he defined

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the other properties similar, that he was trying

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to duplicate in the zone despite the fact

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that the zoning ordinance had changed,

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that he also wanted to have a, that he was willing

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to have a sunset on this use in the event that the

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owners of or te pere vacated that property,

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that housing unit would go with it.

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That being said, he was comparing this parcel to others

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that are non-conforming

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and to me that created that precedent that

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that would lock the board into a situation going forward.

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That that was kind of, I'll almost say hypocritical.

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But that being said, if we get back

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to the sunset clause, we're going to add that in the motion.

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I'm willing to change my vote

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and give you approval and move this along.

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I don't wish to have the town engaged in another legal

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battle on the same case

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that the HAB has tipped its hat

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and indicated that regardless

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what we think we may say on this,

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we aren't speaking the same language as the A HAB.

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It is my feeling that the applicant coming in a month

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after they purchased the property,

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being versed in what I would say was versed in

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property procurement, to me is hard to, for them

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to define that as a hardship.

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That was my feeling. I think

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that was expressed by the board.

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But again, we're not speaking the same language as the HAB

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does that seem to work for you and your clients

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and something attorney Swarovski would, would go along with,

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I'm not aware of the imposition of a sunset provision on

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that, so I'm not able to necessarily speak to that

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and I don't believe that that's an appropriate condition

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to put on a variance based to tie it to a property owner.

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So I do have concerns from a legal point if somebody wanted

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to challenge that, that could be a problem.

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But if Attorney Sasse agreed to that

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and at that point in time his client did,

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then we can move forward with that.

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He did stipulate that he was willing to do

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that in the last hearing,

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however, again, it came back to the precedent and,

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and what that precedent would set when he was contending

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that he should have a, his client should have approval

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for this based on the other non-conforming lots.

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So that was kind of, kind of,

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I said hypocritical in this matter.

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This board has put sunsets on this

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before, so the te pere property would be protected in the

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event that it until the day that it sells the property

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and then that that right would be extinguished

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and whoever else purchased the property, be it 10

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or 50 years from now, would come back

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to the zoning board if a zoning board is still a thing at

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that time and ask for permission to continue that,

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that use, if that condition is met here,

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we can dispose of this tonight

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and your client can have the rights to proceed

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with their intentions.

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Okay. Is that acceptable to you? Yes. Very good.

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I'm, I do not hold the whole sway on the whole board.

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Let me just kind of see what,

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where everybody else is on this.

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Mr. Dani, I'm gonna ask you to sit on this with us. Okay.

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So this is Mr. Dani, Mr. Dietzel, Ms. Moore, Mr.

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Tripp and myself.

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Just before we proceed,

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let me get the other members' voices on this

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and let's see how this goes.

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Anybody wanna open up, have discussion there Mr. Dietzel?

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Mr. Chair. Chair Perkins can interrupt for one second.

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Can I just have a moment while you're discussing just

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to confirm that with attorney Sunki by phone?

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Very good, thank You.

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I tell you what, can we do this?

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Can, do you have quick access to him? I do. Okay.

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I, what I would do is I would say that if you want,

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we can suspend this for now, get into the next hearing

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and then let you come back to it afterwards.

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How's that? Okay. Good enough.

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So motion to suspend this case

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for till the next, after the next case.

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So moved. Thank you. Second. Second please. Thank you Mr.

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Dietzel. All in favor say aye. Aye. Aye. Any opposed?

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Hearing none. All right.

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So next up is 26 dash one 14, this promised land survey

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representing Peabody family revocable trust.

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Good evening, Mr. Chairman, members of the board.

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Good evening. Last time we were last. This time we're first.

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How's that? Appreciated moving on up.

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All right. For your record, I'm Ari **********>

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with the Gallagher Callaghan

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and Gar Trail Law Firm in Concord

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and I'm here again this evening for the PBD Family Trust,

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the landowner of 26.5 Ballard Road.

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And to my right is Craig Peabody, one of the trustees.

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At the last meeting we presented our application,

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our arguments for a variance.

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I wanted to briefly respond to some of the questions

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that ZBA members had raised

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before we suspended due to time of night.

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The issues are also addressed in a letter

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that promised land survey had prepared

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and which I delivered to staff

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before this evening's hearing.

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I did confirm with Carrie that she was able to send that

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around, so I'm hoping you each have it,

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but I do have additional paper copies.

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If some of you have not received it electronically

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or an additional copy would be helpful,

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let me know if that's the case. We have

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Copies.

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Would you like to narrate through your intent on that?

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I would, and again, if anyone wants an additional,

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just raise your hand.

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The, the first item was a question about driveway layout.

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Essentially the discussion at the last meeting was,

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does the driveway fit within the confines

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of the lot at its narrow areas

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and what is the grade of the proposed driveway layout?

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And what promised land did was provide not only a,

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a depiction of the driveway within those narrowed areas,

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but also a profile on the second page of that exhibit, all

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of which is attached to that letter I was referencing.

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The short answer is that the driveway does fit within

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the confines of that narrowed lot area

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and its proposed grade is no steeper than 9.6%.

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So in other words, it's within acceptable limits

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for the town's building codes and process.

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The second item that came forward at the hearing was

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where is the abutting residence relative

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to the proposed screening buffer?

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You'll recall that we had a conversation about the location

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of the house to the south of the narrow driveway area

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and how that property might be shielded from headlight glare

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for cars using my client's driveway,

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or if the proposed driveway was built as proposed.

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We do have that house now shown on the ZBA exhibit.

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A revised exhibit is the last page of

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that letter that came around.

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And you can see that the proposed vegetation

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is in a good spot relative to

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the location of that structure.

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We're certainly open to suggestions of how that may be

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improved upon or done differently,

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but the, the intent is to provide a vegetative screen and,

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and we think we've got that in the right spot.

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The third issue that came forward was just a general

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drainage concern relative to the neighborhood

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and concerns that frankly were the existing condition today.

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And some of our abutters were explaining

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how drainage in the area is a factor

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for their everyday life in the existing condition.

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What we've done is a coverage estimate so that if we were

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to put the house where it's proposed, if it were

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to be sized the way it's

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proposed, I'm sorry, can I help you?

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No, no, you're fine. I'm sorry. Okay.

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I I'm happy to slow down if I'm going too quickly.

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No, I apologize. I not at

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All being someone was speaking to me

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and I wasn't sure what they were saying.

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Not at all. Go ahead. Just making sure

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I'm not confusing anyone.

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No, sorry.

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The, the coverage for our proposed residential improvements

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is 10,950 square feet,

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which on a 2.7 acre lot calculates

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to 9.2% proposed impervious coverage.

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Again, it was raised in the context

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of neighborhood drainage, generally runoff concerns,

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but I think our math shows that there's a significant

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infiltration area and that the neighborhood may

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or may not have drainage concerns,

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but we're not gonna be improving

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or deteriorating those conditions in any material manner.

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Lastly, we had a bit of a conversation about the easement

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that is on record that benefits the neighboring lot,

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the easement as I explained.

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Then I wanna explain now it's purely beneficial

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to that neighbor.

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It allows that neighbor to maintain portions

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of their driveway that are on our property.

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We apologize that apparently news to us,

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our seller did not include that neighbor in their

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negotiations and in their

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steps taken to record that easement.

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But the fact is that the easement is only beneficial.

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It doesn't obligate the neighbor to do anything.

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And in fact, if they don't want the easement,

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they certainly could release it

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and we would cooperate with

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that release if that were their intention.

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I will, I will tell you that releasing the easement would

258
00:13:38,965 --> 00:13:42,805
simply require some different solution to the encroachment

259
00:13:43,195 --> 00:13:44,885
that is occurring

260
00:13:45,625 --> 00:13:47,885
and the easement isn't a bad way to solve it,

261
00:13:48,465 --> 00:13:50,725
but we didn't create or grant the easement

262
00:13:51,225 --> 00:13:53,925
and it does solve the issue of their

263
00:13:54,525 --> 00:13:56,005
encroachment onto our lot

264
00:13:56,945 --> 00:13:58,125
and the area

265
00:13:58,385 --> 00:14:01,885
of encroachment does not prevent the layout of our driveway.

266
00:14:02,875 --> 00:14:06,285
Both can be accommodated in that same space.

267
00:14:06,825 --> 00:14:08,645
So, so that's it. Those were the questions

268
00:14:08,645 --> 00:14:12,445
that were were raised before the hearing was suspended.

269
00:14:12,905 --> 00:14:15,605
And I wanted to just quickly summarize our evidence

270
00:14:15,635 --> 00:14:18,685
that we presented in detail, and I won't do verbatim,

271
00:14:19,425 --> 00:14:22,805
but I think we align well with the statutory provisions

272
00:14:22,985 --> 00:14:27,165
of 6 74, 33 i Roman I

273
00:14:27,705 --> 00:14:30,365
the peabodys my clients, their trust.

274
00:14:30,365 --> 00:14:34,125
They were not aware of the prior variances having expired

275
00:14:34,415 --> 00:14:35,645
prior to their purchase.

276
00:14:35,975 --> 00:14:39,125
Their proposed project is single family residence.

277
00:14:39,195 --> 00:14:41,285
It's consistent with the surrounding

278
00:14:41,755 --> 00:14:43,165
residential neighborhood.

279
00:14:44,385 --> 00:14:47,365
The house can be built observing all setbacks

280
00:14:47,385 --> 00:14:49,485
and in the spirit of the ordinance,

281
00:14:50,755 --> 00:14:53,805
perhaps most importantly, the lot is uniquely shaped.

282
00:14:54,235 --> 00:14:55,645
None of the rest of them are like that.

283
00:14:56,145 --> 00:14:59,165
But it can still be developed in a typical building envelope

284
00:14:59,555 --> 00:15:03,525
with a typical residential driveway having standard width,

285
00:15:03,525 --> 00:15:04,685
shoulders and grade

286
00:15:05,345 --> 00:15:09,885
and the layout even accommodates the easement in favor

287
00:15:09,945 --> 00:15:13,085
of the neighbors and proposes some screening

288
00:15:13,085 --> 00:15:14,765
and landscaping for the other neighbor

289
00:15:15,145 --> 00:15:19,765
to hopefully allow things to peacefully coexist.

290
00:15:20,425 --> 00:15:22,605
The driveway usage would be light

291
00:15:22,705 --> 00:15:25,245
and typical of any other single family home

292
00:15:25,265 --> 00:15:29,085
and typical of what's surrounding them in the neighborhood.

293
00:15:29,625 --> 00:15:33,405
And we did provide a letter of valuation, a a,

294
00:15:33,645 --> 00:15:35,925
a local broker's experienced opinion

295
00:15:35,995 --> 00:15:39,445
that no devaluation would result from

296
00:15:40,505 --> 00:15:44,205
one quality residential structure being added in the area.

297
00:15:46,545 --> 00:15:50,525
Having said all of that, my client will suffer considerable

298
00:15:51,075 --> 00:15:55,045
financial difficulty if the lot can't be reasonably used

299
00:15:55,455 --> 00:15:57,245
consistent with its surroundings.

300
00:15:57,245 --> 00:16:00,925
And that's why we're here asking for zoning relief.

301
00:16:01,605 --> 00:16:03,445
Really appreciate your consideration

302
00:16:03,505 --> 00:16:04,965
and I'll, I'll leave it at that,

303
00:16:05,225 --> 00:16:07,325
but most certainly happy to take questions

304
00:16:07,945 --> 00:16:08,945
On the easement.

305
00:16:10,275 --> 00:16:13,205
It's a benefit to the, to the neighbor essentially

306
00:16:13,985 --> 00:16:18,445
the restrict the, if if the easement were stricken

307
00:16:18,465 --> 00:16:21,925
or reversed, essentially that would,

308
00:16:24,615 --> 00:16:26,925
let's create complications for the neighbor.

309
00:16:26,955 --> 00:16:30,165
It's snow removal and they don't have to use the easement,

310
00:16:30,185 --> 00:16:31,205
but it's there regardless.

311
00:16:31,305 --> 00:16:34,525
That's correct. It's beneficial to them if they don't

312
00:16:35,035 --> 00:16:37,565
want it, don't need it, don't feel it's helpful,

313
00:16:37,875 --> 00:16:40,045
they could release it, but it,

314
00:16:40,155 --> 00:16:42,205
what they would be releasing is the ability

315
00:16:42,385 --> 00:16:44,565
to use those areas of our property to

316
00:16:44,565 --> 00:16:45,645
Their benefit I think.

317
00:16:45,645 --> 00:16:46,645
Yeah.

318
00:16:46,905 --> 00:16:49,565
The grade on there, you said 9%,

319
00:16:49,795 --> 00:16:54,525
9.6, I mean typical is the, the driveway grade

320
00:16:54,545 --> 00:16:59,045
and the town established criteria is about 3%.

321
00:16:59,585 --> 00:17:04,445
So you're about 6% over that now that 9% is,

322
00:17:05,385 --> 00:17:10,045
is going from, I'm just as a benchmark from the structure

323
00:17:10,595 --> 00:17:13,525
towards the oval.

324
00:17:14,315 --> 00:17:15,885
It's from the, yeah, it's from the entrance

325
00:17:15,885 --> 00:17:17,405
of the driveway up to the building area.

326
00:17:17,595 --> 00:17:18,595
Okay.

327
00:17:22,105 --> 00:17:26,525
Is there containment provisions so that, that

328
00:17:27,605 --> 00:17:30,325
I think behind that house is a slope. Am I correct

329
00:17:30,985 --> 00:17:33,525
On the, you, when you're, when you drive up the hill

330
00:17:33,525 --> 00:17:36,725
to the building area, there is a slope away.

331
00:17:36,785 --> 00:17:37,965
Is that what you're referring to?

332
00:17:39,405 --> 00:17:42,005
I guess from the back of the house

333
00:17:42,305 --> 00:17:44,765
or I guess at the apex of the driveway

334
00:17:44,765 --> 00:17:46,285
where the hammerhead would be?

335
00:17:46,585 --> 00:17:50,045
Is that pretty flat? That's pretty flat. Okay. To the left

336
00:17:50,065 --> 00:17:52,565
Of the house would be, it's, it eventually starts

337
00:17:52,585 --> 00:17:55,165
to slope down, but the, the

338
00:17:55,165 --> 00:17:57,445
where the home sits is pretty level right out

339
00:17:57,625 --> 00:17:58,965
to the stone walls behind

340
00:17:59,175 --> 00:18:01,445
where the conservation land is and so forth.

341
00:18:01,445 --> 00:18:02,445
That's pretty flat land.

342
00:18:03,905 --> 00:18:08,005
So is there containment provisions that water at,

343
00:18:08,745 --> 00:18:11,565
at the apex of the, of the driveway that

344
00:18:11,635 --> 00:18:14,605
that water is not just funneling onto the driveway

345
00:18:14,625 --> 00:18:17,245
and then down to to Ballard Street?

346
00:18:17,475 --> 00:18:20,325
Yeah, we have no right to drain onto other properties.

347
00:18:20,385 --> 00:18:21,965
So one of two things will happen.

348
00:18:22,185 --> 00:18:25,765
Either the engineering group will, will have a calculation

349
00:18:25,995 --> 00:18:29,085
that what we are shedding can infiltrate and will infiltrate

350
00:18:29,265 --> 00:18:31,325
or there will be containment measures if it cannot.

351
00:18:37,265 --> 00:18:38,445
Do you have any discussions

352
00:18:38,445 --> 00:18:40,805
with the engineers at this point regarding

353
00:18:40,805 --> 00:18:42,325
that containment provision?

354
00:18:43,065 --> 00:18:45,445
We haven't because the house plans have not been able

355
00:18:45,445 --> 00:18:46,725
to proceed to building permit

356
00:18:46,725 --> 00:18:48,965
because we can't clear zoning issues.

357
00:18:49,415 --> 00:18:50,605
We'll have to get there in order

358
00:18:50,605 --> 00:18:51,805
to receive our building permit.

359
00:18:52,545 --> 00:18:56,245
My recollection is, as you had indicated prior, that

360
00:18:57,555 --> 00:19:00,085
when you realized the variance had expired,

361
00:19:00,305 --> 00:19:04,325
had hit the two year mark, you held up,

362
00:19:04,625 --> 00:19:05,625
Put the brakes on.

363
00:19:05,785 --> 00:19:07,605
Got it. Okay. Yeah, we wanted

364
00:19:07,605 --> 00:19:08,725
to make sure we had a project.

365
00:19:12,645 --> 00:19:14,645
I think we talked about your septic location.

366
00:19:14,955 --> 00:19:17,925
It's already been established as a benchmark,

367
00:19:17,985 --> 00:19:19,645
but test pit has not been done.

368
00:19:19,835 --> 00:19:21,085
Test pit data test pit

369
00:19:21,085 --> 00:19:23,085
Has been, It, it was done.

370
00:19:23,085 --> 00:19:26,325
And I think some of that information is now on the plan

371
00:19:26,355 --> 00:19:28,845
that was provided with the surveyor's letter.

372
00:19:30,025 --> 00:19:33,765
And so seeing the grading marks coming across the apex

373
00:19:33,785 --> 00:19:35,645
of the driveway, you're at five 12.

374
00:19:35,925 --> 00:19:40,085
I can see that the grade descends from that point,

375
00:19:41,325 --> 00:19:43,605
I guess going, trying to find north

376
00:19:43,625 --> 00:19:45,245
and south on the plan here,

377
00:19:50,765 --> 00:19:53,605
I don't see north indicated on the plan.

378
00:19:54,325 --> 00:19:55,965
I don't see it either. I think it's, i

379
00:19:55,965 --> 00:19:57,925
I I suspect that's probably southerly

380
00:19:58,505 --> 00:20:00,125
or east southeasterly.

381
00:20:00,245 --> 00:20:01,365
I, I su suspect

382
00:20:01,425 --> 00:20:03,325
The septic from the apex there.

383
00:20:03,545 --> 00:20:04,685
Yep. Yes, I agree.

384
00:20:10,785 --> 00:20:13,725
And that water will wash down over the septic

385
00:20:13,725 --> 00:20:15,325
hill, the leach field.

386
00:20:18,115 --> 00:20:22,485
Where's the, if you're looking at the house from,

387
00:20:22,715 --> 00:20:26,325
from Ballard and you have the left hand end of the house,

388
00:20:26,675 --> 00:20:29,925
what continues on is that just wood, upland wood,

389
00:20:30,115 --> 00:20:31,885
open space, wooded area, just wood.

390
00:20:32,065 --> 00:20:35,085
And so that water runoff as a place to disperse

391
00:20:35,185 --> 00:20:38,205
and not come down towards Ballard. Correct? Correct.

392
00:20:38,705 --> 00:20:40,205
That's what I was explaining that it,

393
00:20:40,205 --> 00:20:42,205
it either goes in the ground or gets contained.

394
00:20:42,435 --> 00:20:44,685
Yeah, well it's verification

395
00:20:45,085 --> 00:20:46,445
'cause I'm sure we're go, you know,

396
00:20:46,445 --> 00:20:47,925
we may get some feedback on that.

397
00:20:47,925 --> 00:20:52,675
Hundred percent. Right. And with

398
00:20:53,465 --> 00:20:57,155
heading from the Leach field towards Ballard,

399
00:20:58,095 --> 00:21:01,475
is there a berm of some sort that's ensuring

400
00:21:01,505 --> 00:21:04,715
that water is not just flowing towards the properties

401
00:21:04,865 --> 00:21:06,235
that are along Ballard?

402
00:21:06,495 --> 00:21:07,995
It, it certainly can be burned.

403
00:21:08,275 --> 00:21:10,955
I I, I don't know that answer as I'm sitting here now,

404
00:21:10,975 --> 00:21:13,955
but I know that we don't, as I said, we don't have the right

405
00:21:14,015 --> 00:21:16,155
to, to shed water in that direction.

406
00:21:16,155 --> 00:21:18,115
So it has to be infiltrated or contained.

407
00:21:18,695 --> 00:21:21,475
Ms. Owen, do you have in your inspection system,

408
00:21:21,735 --> 00:21:25,115
do you have that way of making sure that provision is

409
00:21:25,585 --> 00:21:27,395
that the sloping of the lot?

410
00:21:27,655 --> 00:21:29,475
You know, make sure that we're not going

411
00:21:29,475 --> 00:21:32,835
to be spilling onto the properties that are along you.

412
00:21:33,175 --> 00:21:35,395
We do look at that when we're out on inspections,

413
00:21:35,395 --> 00:21:37,155
especially as the project is wrapping

414
00:21:37,155 --> 00:21:38,355
up. Okay. For completion.

415
00:21:38,705 --> 00:21:41,555
Alright, I'm going to take a break from questions.

416
00:21:41,585 --> 00:21:44,235
Anybody else have any questions? Mr.

417
00:21:44,545 --> 00:21:47,235
Corbett, if you want to chime in, you're welcome to,

418
00:21:47,675 --> 00:21:49,235
meanwhile to my left, Mr.

419
00:21:49,565 --> 00:21:50,565
Tripp,

420
00:21:54,455 --> 00:21:56,675
The, the slope

421
00:21:57,775 --> 00:22:01,755
is the chairman has mentioned his an interesting situation.

422
00:22:03,995 --> 00:22:07,675
I I do see that there is a, it is a

423
00:22:08,395 --> 00:22:12,755
negative grade after 400 feet,

424
00:22:13,365 --> 00:22:18,195
which appears to be about where a

425
00:22:20,405 --> 00:22:24,625
the driveway be

426
00:22:24,845 --> 00:22:25,905
begins descending.

427
00:22:26,725 --> 00:22:31,665
So I don't see the non-trivial surface

428
00:22:32,485 --> 00:22:33,905
of the buildings being a problem

429
00:22:33,975 --> 00:22:36,305
because it's, it's behind the, the crest

430
00:22:36,305 --> 00:22:39,545
of the hill. The,

431
00:22:40,325 --> 00:22:41,585
We, we had just prepared

432
00:22:41,585 --> 00:22:44,225
that information in response to a question. Yeah.

433
00:22:44,375 --> 00:22:48,385
Alright. But I, I agree it's, it is,

434
00:22:48,575 --> 00:22:49,585
it's not a bad thing.

435
00:22:50,045 --> 00:22:54,025
You know, the non perial service of the, the residents being

436
00:22:54,025 --> 00:22:55,225
behind the crest of the hill.

437
00:22:57,325 --> 00:23:01,745
So the,

438
00:23:02,685 --> 00:23:06,585
the driveway now this is a, a single lane driveway

439
00:23:06,585 --> 00:23:08,025
or a two lane driveway?

440
00:23:08,885 --> 00:23:11,025
Single lane. Single lane. Typical residential.

441
00:23:11,245 --> 00:23:13,425
Say again? Typical Residential. All

442
00:23:13,425 --> 00:23:14,425
Right.

443
00:23:14,425 --> 00:23:16,105
So there's not that much non

444
00:23:16,965 --> 00:23:19,465
perial surface there either.

445
00:23:20,645 --> 00:23:23,705
All right. But

446
00:23:27,165 --> 00:23:30,345
that's about the only comments I have at this time.

447
00:23:32,895 --> 00:23:35,305
Alright, Ms. Moore, thank you. Anything?

448
00:23:36,725 --> 00:23:41,465
So my previous issue has been the 26th Ballard.

449
00:23:41,985 --> 00:23:43,345
I see that you put the trees

450
00:23:43,365 --> 00:23:47,005
and I read that you guys were willing to plant them there.

451
00:23:47,225 --> 00:23:50,285
And are you guys willing to go all the way as far down

452
00:23:50,425 --> 00:23:54,125
to the road as the abutters would feel comfortable?

453
00:23:54,385 --> 00:23:56,605
If, or is there a limit or

454
00:23:56,985 --> 00:23:57,985
No?

455
00:23:57,985 --> 00:23:59,325
I think if, if we need to, if we need to,

456
00:23:59,325 --> 00:24:01,845
to keep everybody happy, like to keep everybody in the Can

457
00:24:01,845 --> 00:24:02,885
You speak on their my phone? Oh,

458
00:24:03,335 --> 00:24:04,335
Sorry.

459
00:24:04,335 --> 00:24:07,245
Yeah, no, I, I'm, I'm sure if we need to work with the,

460
00:24:07,545 --> 00:24:09,725
the landowners next to us in front of us

461
00:24:09,745 --> 00:24:10,885
and whatnot, if we have

462
00:24:10,885 --> 00:24:13,885
to extend the trees down a little further, that's fine.

463
00:24:14,475 --> 00:24:15,885
Okay. Yeah. Thank you. Yep.

464
00:24:18,245 --> 00:24:22,245
Mr. Dietzel? No, thank you Mr. Chair. Is Mr.

465
00:24:22,315 --> 00:24:24,685
Corbett there? Is he on it? Yes, Mr. Chair?

466
00:24:24,705 --> 00:24:26,765
He is, should be able to speak. All

467
00:24:26,765 --> 00:24:27,765
Right.

468
00:24:27,765 --> 00:24:28,445
Yeah, no questions at this time, Mr. Chair. Okay.

469
00:24:28,525 --> 00:24:30,125
I didn't ask last week or last meeting.

470
00:24:30,935 --> 00:24:35,365
Great. Okay. Anybody else? Mr. Bimba?

471
00:24:35,475 --> 00:24:39,405
Dragani? Mr. I have no questions at the moment.

472
00:24:40,195 --> 00:24:45,045
Okay. All set? All set too, Mike, Mr. Okay.

473
00:24:46,745 --> 00:24:49,645
All right. So let me, let me just see how this goes.

474
00:24:50,025 --> 00:24:52,805
We get readdressed all right. Per, per our policies.

475
00:24:52,865 --> 00:24:54,445
And hang on a second.

476
00:24:54,445 --> 00:24:55,965
Anybody else have any questions here

477
00:24:55,965 --> 00:24:57,445
regarding this application?

478
00:24:57,965 --> 00:25:02,245
Anything to address? Seeing nobody rise. All right.

479
00:25:03,185 --> 00:25:06,285
We do have staff report completed from yourself, right,

480
00:25:06,545 --> 00:25:07,845
Mrs. Owen?

481
00:25:08,265 --> 00:25:13,125
Yes. Alright, gentlemen, have anything else to add? No.

482
00:25:13,125 --> 00:25:17,765
Thank you. Thank you. Okay. All right.

483
00:25:18,045 --> 00:25:20,245
I guess if there's no other questions we can

484
00:25:20,245 --> 00:25:21,325
go into deliberation.

485
00:25:24,435 --> 00:25:27,245
I'll make a motion to go into deliberation. Thank

486
00:25:27,245 --> 00:25:28,245
You.

487
00:25:28,245 --> 00:25:28,345
Second.

488
00:25:30,145 --> 00:25:33,125
All in favor of deliberation, say aye. Aye. Any opposed?

489
00:25:34,865 --> 00:25:35,205
All right.

490
00:25:42,795 --> 00:25:47,325
Anybody wish to lead off on this? I can.

491
00:25:49,755 --> 00:25:53,205
With the previous case, there really didn't seem

492
00:25:53,205 --> 00:25:54,485
to be a compromise

493
00:25:55,225 --> 00:25:59,925
and them willing to add the landscaping I think

494
00:26:02,095 --> 00:26:03,325
could be a big difference

495
00:26:04,105 --> 00:26:06,605
and I feel that they're gonna be more willing to work

496
00:26:06,875 --> 00:26:09,005
that is with the neighbor

497
00:26:10,795 --> 00:26:12,285
than previously. Yep.

498
00:26:12,755 --> 00:26:17,125
Okay. And yeah, I think some, some of the answers are,

499
00:26:17,265 --> 00:26:20,205
are more completed and satisfactory here.

500
00:26:20,925 --> 00:26:21,925
Mr. Tripp?

501
00:26:23,285 --> 00:26:25,285
I believe I voted in the affirmative

502
00:26:25,305 --> 00:26:27,445
to approve the variance back when

503
00:26:30,225 --> 00:26:31,805
it originally came to us.

504
00:26:34,565 --> 00:26:37,765
I think that this is probably a,

505
00:26:39,995 --> 00:26:40,995
Okay.

506
00:26:41,085 --> 00:26:43,005
I have one More thing to add. Yes. Oh, wait.

507
00:26:43,545 --> 00:26:46,405
Oh, you can keep going. Probably a,

508
00:26:48,565 --> 00:26:49,685
a suitable compromise.

509
00:26:50,225 --> 00:26:52,685
You know, I, I was not here at the last meeting

510
00:26:52,785 --> 00:26:57,325
so I didn't know about the putting the berm in for the

511
00:26:59,755 --> 00:27:03,525
site, but I,

512
00:27:03,645 --> 00:27:06,165
I believe it's a workable plan right now.

513
00:27:07,705 --> 00:27:11,085
And another big difference from the previous case is

514
00:27:11,115 --> 00:27:12,725
that they were building

515
00:27:12,865 --> 00:27:15,005
to sell in their building to live there.

516
00:27:15,905 --> 00:27:17,805
So that to me is a huge difference.

517
00:27:24,595 --> 00:27:29,285
This Was the last case, right? Mr. Tripp? Mr.

518
00:27:29,415 --> 00:27:31,405
Tripp, do you wish to remain on this case?

519
00:27:34,675 --> 00:27:37,285
Sure. You have that right?

520
00:27:37,425 --> 00:27:40,045
As a, as a primary member, I'm just trying to see

521
00:27:40,105 --> 00:27:43,005
who was sitting on the case with us,

522
00:27:43,985 --> 00:27:47,005
but if you're comfortable with that, that's fine.

523
00:27:47,865 --> 00:27:52,125
You have that right and I, i based on the fact that we,

524
00:27:52,515 --> 00:27:55,805
that you had affirmed the prior case when we heard it,

525
00:27:56,565 --> 00:27:58,325
I have no con I see no conflict

526
00:27:58,325 --> 00:28:00,125
with this either, so that's fine.

527
00:28:03,545 --> 00:28:04,885
I'm trying to find my motion

528
00:28:05,975 --> 00:28:09,725
sheet here, so bear with me.

529
00:28:10,035 --> 00:28:11,035
Yeah, if you don't mind.

530
00:28:12,205 --> 00:28:15,445
I, I have a pile of papers here.

531
00:28:19,655 --> 00:28:22,245
Thank you. Alright.

532
00:28:24,625 --> 00:28:26,685
And yep. And

533
00:28:31,705 --> 00:28:36,445
All right, and Mrs. Morin, you had indicated that you

534
00:28:38,495 --> 00:28:42,285
would, and the applicant agreed that you would want

535
00:28:42,385 --> 00:28:47,005
to see some other shrubberies along the driveway between

536
00:28:47,645 --> 00:28:49,325
I guess 26 and a half and 26?

537
00:28:52,225 --> 00:28:54,365
Yes. And it's already on the plan.

538
00:28:55,085 --> 00:28:59,005
I just, because I know it's not too size

539
00:28:59,385 --> 00:29:02,205
or just if they work with the neighbors,

540
00:29:02,265 --> 00:29:03,965
if they wanna go further, have more,

541
00:29:03,965 --> 00:29:05,365
have less within reason.

542
00:29:07,395 --> 00:29:09,885
Well I think that it leaves it open-ended. Right.

543
00:29:10,365 --> 00:29:12,365
If you want specificity to this

544
00:29:12,665 --> 00:29:14,725
and where that requirement would be,

545
00:29:16,245 --> 00:29:21,205
I guess I would say plantings from the edge

546
00:29:21,205 --> 00:29:25,725
of the right of way back as described,

547
00:29:25,875 --> 00:29:28,565
something to that nature if you wish to have that.

548
00:29:28,945 --> 00:29:31,765
No, I think it being on the plan is enough

549
00:29:32,005 --> 00:29:34,925
'cause it's also on the side where it's numbered,

550
00:29:35,065 --> 00:29:36,205
it says why it's there.

551
00:29:36,475 --> 00:29:40,245
Okay. Very good. Mr. Dietzel, anything with you?

552
00:29:41,925 --> 00:29:43,085
I reviewed the last case

553
00:29:43,105 --> 00:29:44,925
and I don't really see much difference

554
00:29:44,925 --> 00:29:47,165
between the variance we granted the first time

555
00:29:47,185 --> 00:29:50,725
and this one, other than I believe the applicants may be

556
00:29:53,185 --> 00:29:56,325
trying to make more of an effort to be accommodating

557
00:29:56,325 --> 00:29:58,565
to the neighbors and listen to their concerns

558
00:29:58,565 --> 00:29:59,645
and address them.

559
00:30:00,265 --> 00:30:03,005
And certainly with respect to the two sections

560
00:30:03,005 --> 00:30:05,245
that are being addressed, the frontage and the,

561
00:30:06,065 --> 00:30:09,805
and the minimum lot with, I,

562
00:30:11,045 --> 00:30:15,645
I think that those are, are addressed in the five criteria

563
00:30:15,905 --> 00:30:18,085
and I, I, I don't really have a

564
00:30:18,085 --> 00:30:19,125
problem with this application.

565
00:30:19,595 --> 00:30:22,285
Okay. Ms. Corbett, you have anything you wish to add?

566
00:30:23,755 --> 00:30:26,485
Yeah, much like the first time that we heard this case,

567
00:30:26,705 --> 00:30:29,325
you know, when I look at this property, it's landlocked

568
00:30:29,325 --> 00:30:32,205
as it currently sits and really the only other alternative I

569
00:30:32,205 --> 00:30:34,885
can see for it would be to split it up, you know,

570
00:30:35,245 --> 00:30:36,325
multiple different ways amongst

571
00:30:36,405 --> 00:30:39,725
however many landowners, which I don't see really

572
00:30:39,745 --> 00:30:40,845
as a reasonable outcome.

573
00:30:43,425 --> 00:30:46,125
You know, I do think it is a reasonable request for

574
00:30:46,125 --> 00:30:48,685
that reason, you know, understanding what it does do

575
00:30:48,865 --> 00:30:49,965
to the privacy of few

576
00:30:49,965 --> 00:30:51,725
of the abutters who've gotten accustomed

577
00:30:51,725 --> 00:30:53,085
to the driveways the way that they are.

578
00:30:53,925 --> 00:30:56,965
I did not agree, although I did vote in the affirmative last

579
00:30:56,965 --> 00:30:58,645
time, I didn't agree with the ha's appeal

580
00:30:58,865 --> 00:30:59,925
and overturn of it,

581
00:30:59,925 --> 00:31:01,445
I thought it should have been remanded back to us.

582
00:31:01,595 --> 00:31:04,165
However, we did lose multiple appeals on that.

583
00:31:04,905 --> 00:31:09,365
So also knowing where the state's kind

584
00:31:09,365 --> 00:31:11,045
of backing on this case is as well.

585
00:31:11,365 --> 00:31:13,205
I really personally don't see enough

586
00:31:13,985 --> 00:31:15,445
to go against the applicant here,

587
00:31:15,465 --> 00:31:17,525
but I'd be open to had a hearing some more.

588
00:31:17,765 --> 00:31:18,965
I do feel that, you know,

589
00:31:18,965 --> 00:31:20,125
with everything we've learned on this case,

590
00:31:20,125 --> 00:31:21,165
it doesn't meet the five criteria.

591
00:31:23,365 --> 00:31:25,615
Okay. Yeah, and I, I would concur

592
00:31:25,615 --> 00:31:26,855
and I, I really don't wish

593
00:31:26,855 --> 00:31:29,575
to go back down the same path we've gone down before

594
00:31:31,355 --> 00:31:35,175
and the intentions here, as Mrs. Morin has pointed out,

595
00:31:35,195 --> 00:31:36,215
are certainly different

596
00:31:36,915 --> 00:31:39,215
and by no fault of their own,

597
00:31:39,375 --> 00:31:42,655
I guess the applicants were not totally aware of

598
00:31:42,655 --> 00:31:43,935
what they were going to deal with,

599
00:31:44,475 --> 00:31:46,895
but I also think that the massive land

600
00:31:47,725 --> 00:31:51,255
that their building on as there was,

601
00:31:51,365 --> 00:31:54,415
there's already been an approval much

602
00:31:54,835 --> 00:31:56,895
to say against the board's will,

603
00:31:56,995 --> 00:32:00,175
but this would be kind

604
00:32:00,175 --> 00:32:04,415
of an illegal taking at this point if we did not concede

605
00:32:04,415 --> 00:32:07,775
with the applicant's request for relief.

606
00:32:08,075 --> 00:32:11,695
So anyway, we have typical

607
00:32:12,575 --> 00:32:15,055
structuring the motion subject to obtaining all state

608
00:32:15,075 --> 00:32:16,815
and town permits and inspections

609
00:32:17,475 --> 00:32:22,175
and Mrs. Moore has chosen not to have specificity

610
00:32:22,235 --> 00:32:23,255
to the plantings.

611
00:32:23,935 --> 00:32:28,415
I think that the intent there for the, between the driveway

612
00:32:28,635 --> 00:32:33,255
and the abutter, understanding some of those houses in

613
00:32:33,255 --> 00:32:37,255
that neighborhood, the driveways are relatively close

614
00:32:37,715 --> 00:32:41,925
to homes as it is in some on, on some of the parcels.

615
00:32:42,585 --> 00:32:45,885
So this is not an egregious requirement here

616
00:32:46,425 --> 00:32:49,485
and the fact that the applicant is willing to

617
00:32:49,995 --> 00:32:51,885
give those plantings as a screen

618
00:32:52,305 --> 00:32:56,845
and protection to the butter is, is admirable.

619
00:32:58,185 --> 00:32:59,685
And if they did have the right

620
00:33:00,405 --> 00:33:03,005
frontage they could put a driveway there.

621
00:33:03,035 --> 00:33:04,725
There's nothing saying

622
00:33:04,725 --> 00:33:07,685
that it couldn't be there if there was a required frontage.

623
00:33:07,745 --> 00:33:11,245
So I think that alone that they're willing

624
00:33:11,305 --> 00:33:12,885
to work with 'em says a lot.

625
00:33:13,755 --> 00:33:14,805
Okay, very good.

626
00:33:15,765 --> 00:33:18,285
Motion is structured then we have the subject

627
00:33:18,345 --> 00:33:21,245
to obtaining Allstate town permits and inspections

628
00:33:21,385 --> 00:33:23,405
and no one else has any other conditions.

629
00:33:24,225 --> 00:33:25,885
So that being said, we'll take a motion

630
00:33:25,955 --> 00:33:27,045
come out of deliberation.

631
00:33:28,945 --> 00:33:30,445
So moved. Thank you Mr. Trip. Mr.

632
00:33:30,445 --> 00:33:33,605
Dietzel, you wanna help out? Second. Second by Mr. Dietzel.

633
00:33:33,625 --> 00:33:37,325
All in favor of exiting deliberation, say aye. Aye. Aye.

634
00:33:37,585 --> 00:33:39,885
Any opposed? All right, Mrs. Moore,

635
00:33:39,905 --> 00:33:40,965
you have a motion to read?

636
00:33:41,805 --> 00:33:45,765
I do. Thank you. I make a motion on case number two six

637
00:33:45,955 --> 00:33:49,925
dash 104 to grant a variance to the terms

638
00:33:50,105 --> 00:33:51,565
of article six,

639
00:33:52,715 --> 00:33:57,325
section 1 65 dash four seven B two

640
00:33:58,145 --> 00:34:03,005
and section 1 65 dash four seven B three

641
00:34:03,865 --> 00:34:06,285
of the town of dairy zoning ordinance

642
00:34:06,425 --> 00:34:09,205
to allow the construction of a single family home

643
00:34:09,475 --> 00:34:11,965
with less than the required frontage

644
00:34:12,105 --> 00:34:14,765
and minimum lot width parcel

645
00:34:15,305 --> 00:34:19,085
ID 0 6 1 0 3 A zoned

646
00:34:19,325 --> 00:34:23,005
LMDR as presented with the following conditions.

647
00:34:23,385 --> 00:34:26,645
We have one, one subject to obtaining all seat

648
00:34:26,665 --> 00:34:28,725
and town permits and inspections

649
00:34:29,105 --> 00:34:31,285
and that concludes the reading of the motion.

650
00:34:31,485 --> 00:34:32,845
I need a second second

651
00:34:34,565 --> 00:34:39,405
That puts that motion on the floor going over to

652
00:34:40,675 --> 00:34:41,685
finding a fact.

653
00:34:41,745 --> 00:34:43,285
Mr. Corbet, are you set with that

654
00:34:43,425 --> 00:34:44,445
or do you need me to do it?

655
00:34:45,305 --> 00:34:47,125
I'm good. Mr. Chair may just need

656
00:34:47,635 --> 00:34:50,405
some help taking the notes on the feedback that we received

657
00:34:50,405 --> 00:34:53,925
that With

658
00:34:53,925 --> 00:34:58,805
that finding a fact case 26 dash one 14 Originally heard

659
00:34:58,835 --> 00:35:02,845
June 4th, 2026 and continued to June 18th, 2026.

660
00:35:03,465 --> 00:35:06,765
The ZBA heard the application promised land survey on behalf

661
00:35:06,765 --> 00:35:10,045
of the Peabody family, revocable trusts of 2025

662
00:35:10,415 --> 00:35:12,845
concerning the property located at 26

663
00:35:13,145 --> 00:35:15,605
and a half Ballard Road parcel id,

664
00:35:15,605 --> 00:35:20,045
parcel ID 0 6 1 0 3 A notice was

665
00:35:20,245 --> 00:35:21,725
provided to the immediate abutters per statute

666
00:35:22,225 --> 00:35:24,645
and the board received testimony from the applicant

667
00:35:24,645 --> 00:35:27,565
and counsel Town Staff Abutters

668
00:35:27,565 --> 00:35:29,805
and members of the public documentary.

669
00:35:30,045 --> 00:35:33,005
Evidence included, the book was not limited to site plans,

670
00:35:33,225 --> 00:35:35,565
photos, records, and expert testimony.

671
00:35:36,545 --> 00:35:38,205
The applicants are requesting a variance

672
00:35:38,205 --> 00:35:39,245
to allow the construction

673
00:35:39,245 --> 00:35:41,565
of a single family home on an existing lot

674
00:35:41,565 --> 00:35:44,245
with less than the required frontage and minimum lot width.

675
00:35:44,955 --> 00:35:47,165
This property is located in the low medium density

676
00:35:47,195 --> 00:35:49,805
residential zoning district, which requires a minimum

677
00:35:49,805 --> 00:35:51,805
of 150 foot lot frontage

678
00:35:52,225 --> 00:35:54,125
and a minimum lot width

679
00:35:54,265 --> 00:35:58,725
of 150 feet at the 35 foot set, excuse me,

680
00:35:59,585 --> 00:36:02,005
at the 35 foot front setback line

681
00:36:02,385 --> 00:36:04,925
or 150 feet at the front lot line.

682
00:36:06,165 --> 00:36:08,205
A variance was previously denied in 2021

683
00:36:08,205 --> 00:36:09,245
to allow the construction

684
00:36:09,245 --> 00:36:10,645
of a single family home on the property.

685
00:36:11,185 --> 00:36:12,885
The decision was appealed by the applicant

686
00:36:12,885 --> 00:36:15,045
to the Housing Appeals Board in 2022,

687
00:36:15,095 --> 00:36:16,485
which resulted in the reversal

688
00:36:16,485 --> 00:36:17,605
of the zoning board's decision.

689
00:36:18,225 --> 00:36:20,925
The town of DER subsequently appealed the HAB decision

690
00:36:20,925 --> 00:36:22,245
to the New Hampshire Supreme Court

691
00:36:22,245 --> 00:36:24,085
where the HA B'S decision was affirmed.

692
00:36:24,585 --> 00:36:26,925
It has been over two years since that final order was issued

693
00:36:26,925 --> 00:36:28,525
by the New Hampshire Supreme Court and

694
00:36:28,525 --> 00:36:29,845
therefore the variance has expired.

695
00:36:30,785 --> 00:36:33,685
The property is serviced by private well in an onsite septic

696
00:36:33,685 --> 00:36:35,125
system if approved.

697
00:36:35,225 --> 00:36:37,125
The driveway for the new home must be constructed

698
00:36:37,145 --> 00:36:39,005
to the Town of Dairy standards as required

699
00:36:39,005 --> 00:36:41,005
by the Land Development Control regulations.

700
00:36:41,745 --> 00:36:43,245
The board weighed testimony both

701
00:36:43,305 --> 00:36:44,525
for and against the proposal.

702
00:36:45,825 --> 00:36:50,365
Now with that, starting with Mr.

703
00:36:50,435 --> 00:36:52,325
Dietzel, do you feel

704
00:36:53,555 --> 00:36:55,845
that the unnecessary hardship is demonstrated

705
00:36:56,435 --> 00:36:57,765
because the hardship relates

706
00:36:57,765 --> 00:36:59,405
to the unique characteristics of the property?

707
00:37:00,545 --> 00:37:04,005
Yes, I do. The unusual shape of the property

708
00:37:04,265 --> 00:37:08,405
and the, just the configuration, I

709
00:37:09,135 --> 00:37:11,965
would think that it would make it impossible to

710
00:37:12,495 --> 00:37:16,485
build a home there with the proper frontage

711
00:37:18,305 --> 00:37:18,525
and

712
00:37:23,385 --> 00:37:26,165
lot with, and that would be a hardship

713
00:37:26,165 --> 00:37:28,165
because it would make that piece

714
00:37:28,365 --> 00:37:30,485
of property virtually unusable.

715
00:37:32,005 --> 00:37:33,805
I think the, the use of the property is

716
00:37:33,805 --> 00:37:35,125
reasonable in and of itself.

717
00:37:37,335 --> 00:37:41,245
Thank you Mr. Dietzel and then announcing over to Mr.

718
00:37:41,335 --> 00:37:42,335
Tripp.

719
00:37:45,055 --> 00:37:47,345
What was the question again? Hardship,

720
00:37:47,685 --> 00:37:48,865
Do you Oh, hardship.

721
00:37:49,305 --> 00:37:53,745
Absolutely. It's the, the property was originally supposed

722
00:37:53,745 --> 00:37:57,425
to be a, a water source

723
00:37:58,125 --> 00:38:01,825
and it was determined that there was not sufficient

724
00:38:02,475 --> 00:38:06,025
water up there and that when

725
00:38:06,095 --> 00:38:10,465
that use was no longer available, it was necessary to

726
00:38:12,095 --> 00:38:15,265
determine that the only other use

727
00:38:16,495 --> 00:38:18,345
that could be accommodated was

728
00:38:19,445 --> 00:38:21,465
it being a single family home,

729
00:38:22,915 --> 00:38:24,465
being a single family home.

730
00:38:25,805 --> 00:38:28,345
It didn't met all the requirements

731
00:38:28,345 --> 00:38:30,345
of the zoning ordinance except,

732
00:38:30,405 --> 00:38:33,545
except the frontage.

733
00:38:34,245 --> 00:38:38,445
So giving them a variance for a frontage

734
00:38:40,675 --> 00:38:41,885
will solve that dilemma.

735
00:38:48,075 --> 00:38:49,585
Thank you Mr. Tripp. Ms. Morgan,

736
00:38:50,625 --> 00:38:53,105
I also agree with what has been stated

737
00:38:53,295 --> 00:38:56,025
that it is a hardship due to

738
00:38:58,485 --> 00:39:02,785
the frontage and not being able to use a lot of record.

739
00:39:08,035 --> 00:39:09,665
Thank you Mr. Perkins? Yeah,

740
00:39:09,705 --> 00:39:12,705
I find the hardship is there in the land

741
00:39:13,295 --> 00:39:16,585
primarily from the, its original development in

742
00:39:17,265 --> 00:39:21,225
1980 something three 2003 83.

743
00:39:21,925 --> 00:39:23,545
And but

744
00:39:24,125 --> 00:39:27,185
to not grant the relief would be re would be an

745
00:39:27,185 --> 00:39:28,225
on unlawful taking

746
00:39:31,695 --> 00:39:34,915
And the vice share agrees with the chair.

747
00:39:35,275 --> 00:39:37,035
I think that as the property sits today,

748
00:39:37,035 --> 00:39:39,115
it's currently completely landlocked in.

749
00:39:39,365 --> 00:39:41,875
While I do not believe that it was originally intended

750
00:39:42,895 --> 00:39:45,235
as a lot for a house to be,

751
00:39:45,435 --> 00:39:48,515
I think time has changed over 40 some odd years.

752
00:39:48,915 --> 00:39:51,315
I think now it would be more of a hardship

753
00:39:52,355 --> 00:39:53,835
to not grant this than it would be to

754
00:40:00,645 --> 00:40:00,865
Mr.

755
00:40:01,345 --> 00:40:02,545
I will start with you again.

756
00:40:02,845 --> 00:40:05,705
Do you find that this is not contrary to the public interest

757
00:40:05,725 --> 00:40:06,785
and just, sorry, just

758
00:40:06,785 --> 00:40:08,825
before I move on, for those in attendance, to know

759
00:40:08,825 --> 00:40:11,585
that you find a fact is structured in the positive,

760
00:40:11,935 --> 00:40:15,625
much like we do with our motions, that's not to

761
00:40:16,895 --> 00:40:18,585
suggest that we are leaning either way.

762
00:40:18,585 --> 00:40:20,465
You'll find this for the remainder of the e evening.

763
00:40:21,265 --> 00:40:23,105
So that said, Mr. Dietzel, do you find

764
00:40:23,295 --> 00:40:25,505
that this is not contrary to the public interest?

765
00:40:25,725 --> 00:40:25,945
Yes.

766
00:40:34,275 --> 00:40:35,275
Thank you, Mr. Trip.

767
00:40:37,405 --> 00:40:37,625
The

768
00:40:42,795 --> 00:40:44,335
Not contrary to public Interest.

769
00:40:44,515 --> 00:40:49,375
Yes, I don't, I I don't believe it is contrary

770
00:40:49,375 --> 00:40:50,535
to public interest.

771
00:40:50,875 --> 00:40:55,335
The there are,

772
00:40:59,485 --> 00:41:00,935
there's no reason that it

773
00:41:02,075 --> 00:41:06,565
should be denied.

774
00:41:15,625 --> 00:41:18,765
Ms. Moore. I feel with the changes in place

775
00:41:19,795 --> 00:41:23,005
that it will not be contrary to the public interest.

776
00:41:26,705 --> 00:41:28,565
And Mr. Perkins, I'm satisfied

777
00:41:28,595 --> 00:41:30,605
that the conflicts brought up

778
00:41:30,605 --> 00:41:32,245
by the abutters have been addressed

779
00:41:32,245 --> 00:41:36,485
and I see no, no dispute

780
00:41:36,485 --> 00:41:37,485
with public interest

781
00:41:42,185 --> 00:41:44,565
And I agree while I understand the concerns

782
00:41:44,565 --> 00:41:46,525
that the Abutters have and the feelings that they have

783
00:41:46,525 --> 00:41:48,245
after what they're originally told by the seller

784
00:41:49,205 --> 00:41:53,685
when moving in, I think that overall allowing the, you know,

785
00:41:53,685 --> 00:41:56,805
aforementioned landlocked lot to be put

786
00:41:56,805 --> 00:41:59,485
to use is more beneficial to the overall public.

787
00:41:59,785 --> 00:42:01,645
So I do not believe that this is contrary

788
00:42:01,645 --> 00:42:02,765
to the public interest either.

789
00:42:06,305 --> 00:42:09,085
Mr. Diesel, do you find that this is consistent

790
00:42:09,085 --> 00:42:10,445
with the spirit of the ordinance

791
00:42:10,625 --> 00:42:13,005
or that granting this variance would be consistent

792
00:42:13,005 --> 00:42:14,085
with the spirit of the ordinance?

793
00:42:14,625 --> 00:42:18,485
Yes. I don't believe it changes the, the

794
00:42:19,195 --> 00:42:21,205
essential nature of the neighborhood.

795
00:42:21,445 --> 00:42:24,005
I believe a single family home in a residential area,

796
00:42:24,705 --> 00:42:28,045
not withstanding the frontage issue is, is

797
00:42:28,905 --> 00:42:30,485
within the spirit of the ordinance.

798
00:42:34,575 --> 00:42:36,845
Thank you. Mr. Trip. The,

799
00:42:40,425 --> 00:42:45,285
the variance granted deals only with the width

800
00:42:45,465 --> 00:42:50,285
of the lot with the lot is typically to allow

801
00:42:52,205 --> 00:42:56,885
separation between the buildings since the, the

802
00:42:59,365 --> 00:43:01,445
resident to be built is at the top of the hill

803
00:43:02,385 --> 00:43:06,765
and nowhere near as any other buildings.

804
00:43:07,365 --> 00:43:09,005
I believe it is definitely in, in

805
00:43:09,745 --> 00:43:11,365
within the spirit of the ordinance.

806
00:43:16,615 --> 00:43:18,755
Ms. Martin? I agree.

807
00:43:18,835 --> 00:43:21,835
I feel the size of the lot keeps it within the

808
00:43:21,835 --> 00:43:22,875
spirit of the ordinance.

809
00:43:26,835 --> 00:43:28,895
Any thank you and Mr. Perkins?

810
00:43:29,155 --> 00:43:31,495
Yes, I feel it meets the spirit of the ordinance

811
00:43:36,075 --> 00:43:37,075
And I agree.

812
00:43:37,075 --> 00:43:39,895
I think the spirit of the width

813
00:43:40,435 --> 00:43:42,495
or the front end should be required here was meant more

814
00:43:42,595 --> 00:43:43,695
for overcrowding.

815
00:43:43,735 --> 00:43:46,175
I don't believe that a single family house on a parcel

816
00:43:46,395 --> 00:43:50,975
of this size would go against

817
00:43:50,975 --> 00:43:52,135
the spirit of the ordinance.

818
00:43:54,295 --> 00:43:56,175
Mr. Dietzel, do you feel that

819
00:43:56,805 --> 00:43:58,415
substantial justice would be served

820
00:43:58,475 --> 00:43:59,855
by denying Ms variance request?

821
00:44:05,545 --> 00:44:08,885
No. I, I I think substantial justice would be done

822
00:44:08,985 --> 00:44:10,165
to allow the variance.

823
00:44:12,285 --> 00:44:14,165
I think the benefit to,

824
00:44:15,425 --> 00:44:18,325
or the benefit to the town to, for the denial

825
00:44:19,625 --> 00:44:22,205
is minimal compared to the potential

826
00:44:22,875 --> 00:44:24,285
benefit to the applicant.

827
00:44:27,365 --> 00:44:31,445
I, I don't, I don't see how it's reasonable to, to deny him

828
00:44:31,505 --> 00:44:34,525
for any reasonable use of his property.

829
00:44:36,785 --> 00:44:40,295
Thank you Mr. Trip. The,

830
00:44:46,815 --> 00:44:49,215
I believe that what Mr.

831
00:44:49,525 --> 00:44:52,455
Dietzel said pretty much

832
00:44:56,115 --> 00:44:59,415
is in, in line with what my considerations are.

833
00:44:59,425 --> 00:45:00,425
Thank you.

834
00:45:03,665 --> 00:45:04,775
Thank you Ms. Moore.

835
00:45:05,975 --> 00:45:10,055
I feel that substantial justice is being done

836
00:45:10,155 --> 00:45:11,375
by granting it

837
00:45:11,765 --> 00:45:14,655
because of the previous HAB

838
00:45:15,605 --> 00:45:17,095
case or decision.

839
00:45:19,525 --> 00:45:20,655
Okay, Mr. Perkins?

840
00:45:20,855 --> 00:45:22,575
I think I may have answered this earlier

841
00:45:22,635 --> 00:45:23,695
and been outta sequence,

842
00:45:23,755 --> 00:45:27,375
but yes, I believe substantial justice is is

843
00:45:27,495 --> 00:45:28,655
served at this point

844
00:45:31,635 --> 00:45:35,455
And I also feel think substantial justice

845
00:45:36,425 --> 00:45:38,415
would not be served by deny ms variance request.

846
00:45:38,455 --> 00:45:41,935
I think it would just cause more harm to the landowner than

847
00:45:41,935 --> 00:45:43,695
by approving the various requests.

848
00:45:45,885 --> 00:45:48,015
Alright, and lastly, Mr.

849
00:45:48,045 --> 00:45:50,615
Dietzel, do you find that the applicant has adequately

850
00:45:50,895 --> 00:45:52,695
demonstrated that surrounding property values

851
00:45:52,765 --> 00:45:53,815
will not be diminished?

852
00:45:54,995 --> 00:45:59,575
Yes. He produced an opinion that it would not diminish

853
00:46:01,245 --> 00:46:03,055
prop surrounding property values

854
00:46:03,275 --> 00:46:06,855
and I have no re I live very close to that myself

855
00:46:06,915 --> 00:46:10,615
and I, I don't feel that it would be contrary to

856
00:46:12,395 --> 00:46:14,135
my property value.

857
00:46:14,315 --> 00:46:16,695
So yes, I believe he met that criteria.

858
00:46:19,905 --> 00:46:20,775
Thank you Mr. Trip.

859
00:46:25,125 --> 00:46:28,415
Well I have not heard any testimony as to whether the

860
00:46:29,775 --> 00:46:31,535
property values would increase or decrease.

861
00:46:32,455 --> 00:46:35,255
I would find it difficult to believe that

862
00:46:38,625 --> 00:46:42,215
permitting what is essentially a driveway in

863
00:46:42,215 --> 00:46:45,295
between the the abutting properties would

864
00:46:45,815 --> 00:46:47,295
diminish their, their value.

865
00:46:51,895 --> 00:46:56,595
Yep. Ms. Martin, I feel that with the changes,

866
00:46:56,995 --> 00:46:58,475
I know not to sound redundant,

867
00:46:58,475 --> 00:47:00,595
but with the changes that they've offered,

868
00:47:01,215 --> 00:47:02,755
it helps protect the value

869
00:47:02,775 --> 00:47:05,315
of the other properties surrounding it.

870
00:47:07,885 --> 00:47:09,155
Thank you Mr. Perkins.

871
00:47:09,475 --> 00:47:12,275
I don't see where it creates a di diminuation

872
00:47:12,295 --> 00:47:15,915
of property values, so I would say that that's a firm

873
00:47:20,575 --> 00:47:23,435
on, on that perspective, sorry,

874
00:47:26,815 --> 00:47:27,815
And myself.

875
00:47:27,815 --> 00:47:30,845
You know, knowing that New Hampshire Supreme Court kind

876
00:47:30,845 --> 00:47:33,525
of allows us to utilize our opinion of the area

877
00:47:33,905 --> 00:47:34,925
or our knowledge of the area,

878
00:47:35,075 --> 00:47:36,405
it's a very desirable neighborhood.

879
00:47:37,525 --> 00:47:40,125
I don't think that an additional house there would be

880
00:47:40,365 --> 00:47:41,725
anything less than a net neutral

881
00:47:42,165 --> 00:47:43,365
to the surrounding property values.

882
00:47:43,765 --> 00:47:47,325
I don't think that one extra one family house on a large

883
00:47:47,325 --> 00:47:50,605
size lot that it is would diminish anything where any

884
00:47:50,605 --> 00:47:51,965
of those houses were to hit the open market.

885
00:47:53,905 --> 00:47:56,565
So with that, that concludes the finding of fact.

886
00:47:57,155 --> 00:47:58,805
Does anybody have any additions

887
00:47:58,805 --> 00:48:00,565
or addendums that they wish to make to this?

888
00:48:02,345 --> 00:48:04,405
Oh, seeing no adjusters there

889
00:48:05,465 --> 00:48:07,165
all in favor Moving this for a vote.

890
00:48:07,225 --> 00:48:10,845
Say aye. Aye. Aye. Aye. Aye. Opposed? Mrs. Morn shall

891
00:48:10,845 --> 00:48:11,845
Vote?

892
00:48:11,845 --> 00:48:16,085
Yes. Mr. Dietzel? Yes. Mr. Trip? Yes. Mr. Corbet?

893
00:48:16,745 --> 00:48:19,445
Yes. And the chair will make it unanimous

894
00:48:19,465 --> 00:48:21,005
by five vote of five to zero.

895
00:48:21,065 --> 00:48:22,685
So congratulations gentlemen.

896
00:48:23,465 --> 00:48:25,805
You can proceed with the building of your home.

897
00:48:26,435 --> 00:48:29,725
Anybody agree by this decision as 30 days to ask this board

898
00:48:29,745 --> 00:48:32,365
for review after that recourse would be to superior court.

899
00:48:33,305 --> 00:48:34,525
All right. Good luck.

900
00:48:38,505 --> 00:48:43,245
All right, and back to case number 25 dash 1 1 8.

901
00:49:24,675 --> 00:49:28,565
Okay Ma'am,

902
00:49:28,935 --> 00:49:29,935
Thank you.

903
00:49:29,935 --> 00:49:32,125
And thank you for allowing me the opportunity to speak

904
00:49:32,125 --> 00:49:33,925
with my client and I'm glad that I did.

905
00:49:34,715 --> 00:49:37,925
They would not want a condition attached to the variance

906
00:49:38,145 --> 00:49:40,365
and there are several reasons just

907
00:49:40,365 --> 00:49:41,685
so you understand their thought process.

908
00:49:42,485 --> 00:49:45,445
Just the practicality of it, the resale value.

909
00:49:45,675 --> 00:49:47,765
They do renovations down in the basement,

910
00:49:47,875 --> 00:49:49,845
they get a apartment set up

911
00:49:49,865 --> 00:49:51,085
and then when they go to sell it,

912
00:49:51,555 --> 00:49:54,445
they can't market the property as having this unit

913
00:49:54,445 --> 00:49:56,005
because from what you were saying it would,

914
00:49:56,235 --> 00:49:59,005
that variance within end with a transfer of ownership,

915
00:49:59,495 --> 00:50:01,885
there would be a recuperative investments that would be

916
00:50:01,885 --> 00:50:02,885
of concern from them

917
00:50:03,505 --> 00:50:05,845
and from a legal point of view, I believe that

918
00:50:05,845 --> 00:50:08,565
that's probably not a proper condition to attach.

919
00:50:08,785 --> 00:50:09,885
As this board is well aware,

920
00:50:09,885 --> 00:50:11,125
the variance runs with the land.

921
00:50:11,465 --> 00:50:13,685
You typically can attach a condition when it has

922
00:50:13,685 --> 00:50:14,805
to do with the medical disability.

923
00:50:14,805 --> 00:50:16,165
That's not what we have here.

924
00:50:16,465 --> 00:50:19,285
So those are our reasons for not wanting that condition.

925
00:50:20,105 --> 00:50:22,565
Ms. Moore and secretary has just brought that

926
00:50:22,565 --> 00:50:24,325
to my attention, so I'll roll with that.

927
00:50:24,325 --> 00:50:27,005
That's fine. It was an offer that Attorney

928
00:50:27,705 --> 00:50:28,765
FKI offered this board.

929
00:50:29,035 --> 00:50:30,445
Okay. Okay. Thank you.

930
00:50:30,845 --> 00:50:35,685
That being said, anybody have any comment on my proposal Mr.

931
00:50:35,795 --> 00:50:36,795
Dietzel?

932
00:50:37,665 --> 00:50:41,885
No. Thank you Mr. Chair. Mr. Dani. All set?

933
00:50:42,425 --> 00:50:45,205
I'm all set. Chair Mr. Trip? Any comment?

934
00:50:46,025 --> 00:50:49,125
No. Ms. Morin? I have none. All right.

935
00:50:50,385 --> 00:50:51,645
Let us reflect for the record

936
00:50:51,755 --> 00:50:54,205
that the chair will change his vote to a yes.

937
00:50:54,995 --> 00:50:58,045
Make that vote Affirmed Vote of three to two.

938
00:50:59,305 --> 00:51:01,365
Do you need a finding of fact? Are you all set with this

939
00:51:02,425 --> 00:51:04,405
Is, I'm not following the process

940
00:51:04,435 --> 00:51:05,765
that you're engaging in. I'm sorry.

941
00:51:06,185 --> 00:51:09,405
Do you want a finding a fact or are you all set with this?

942
00:51:09,725 --> 00:51:12,045
I believe the HAB wants a finding a fact.

943
00:51:12,905 --> 00:51:15,045
I'm, I'm changing my vote so

944
00:51:15,075 --> 00:51:16,365
that we don't have to go through that.

945
00:51:16,365 --> 00:51:18,405
Okay. If you want to have another night of a hearing,

946
00:51:18,505 --> 00:51:20,005
we can certainly do that. No, I

947
00:51:20,005 --> 00:51:20,685
Do not. Okay,

948
00:51:20,785 --> 00:51:22,965
So you're fine with waiving the finding of fact

949
00:51:23,505 --> 00:51:25,125
For a three to two vote. Sure.

950
00:51:25,315 --> 00:51:29,165
It's painful, isn't it? I love process though.

951
00:51:29,345 --> 00:51:31,645
All the best intentions of the legislature

952
00:51:31,705 --> 00:51:34,525
and people are gonna falling asleep in the room

953
00:51:34,525 --> 00:51:35,805
here. All right.

954
00:51:36,305 --> 00:51:38,365
And I'm just not sure if you can do that just

955
00:51:40,555 --> 00:51:42,725
Well, I'm willing to note

956
00:51:42,725 --> 00:51:44,885
that the chair has changed his vote.

957
00:51:45,115 --> 00:51:46,605
Okay. By a voted three to two.

958
00:51:47,705 --> 00:51:49,485
We will note the case number

959
00:51:49,785 --> 00:51:52,845
and we will affirm with the HAB

960
00:51:52,865 --> 00:51:56,005
or you can that this matter has been resolved

961
00:51:56,745 --> 00:52:00,445
and that as far as the zoning board of adjustment goes,

962
00:52:01,055 --> 00:52:03,765
we've relieved given relief to the applicant.

963
00:52:04,235 --> 00:52:07,085
It's noted with code enforcement so

964
00:52:07,085 --> 00:52:08,485
that your client can proceed.

965
00:52:08,795 --> 00:52:10,765
Okay? Okay. I'm sure

966
00:52:10,835 --> 00:52:15,725
that in the idea the HAB had, which was to remand this back

967
00:52:15,725 --> 00:52:19,485
to us to get, see if we could get clarity.

968
00:52:20,075 --> 00:52:23,565
However, in their instructions they also essentially said,

969
00:52:23,705 --> 00:52:26,685
do this or else is my impression.

970
00:52:27,585 --> 00:52:29,245
And so instead of going through that

971
00:52:29,425 --> 00:52:31,045
and having to have a rehearing

972
00:52:31,045 --> 00:52:33,525
because we have to replace members who are no longer here,

973
00:52:34,045 --> 00:52:36,285
I think this is the easiest going forward.

974
00:52:36,755 --> 00:52:41,045
Okay. I'll read the motion.

975
00:52:41,665 --> 00:52:46,325
So I make a motion on case 25 dash one 18

976
00:52:46,905 --> 00:52:50,485
the chair officially changes his vote to a yes vote.

977
00:52:50,985 --> 00:52:54,605
Making this a three to two affirmative.

978
00:52:54,785 --> 00:52:59,365
And the on the actions for Tere properties

979
00:53:01,025 --> 00:53:05,765
parcel number p, parcel ID 3 2 0 2 8

980
00:53:06,375 --> 00:53:07,765
Zoned general commercial

981
00:53:09,385 --> 00:53:13,045
and subject to obtaining Allstate and town permits

982
00:53:13,145 --> 00:53:16,125
and inspections. Sounds reasonable.

983
00:53:16,455 --> 00:53:21,325
Thank you. All right. Anybody have any comments?

984
00:53:22,315 --> 00:53:25,925
That motion? I have that moved please Ms. Morin?

985
00:53:26,315 --> 00:53:29,285
I'll second that. So moved please. Oh, so moved.

986
00:53:29,755 --> 00:53:33,725
Okay, second. Seconded by Mr. Dietzel.

987
00:53:33,725 --> 00:53:36,725
Anybody have any comments before we make a vote official?

988
00:53:38,225 --> 00:53:41,005
No. Okay. Nope. Mr. Dietzel? Yes.

989
00:53:41,745 --> 00:53:46,725
Mrs. Morin, I'm keeping my voted no. Okay. Mr. Trip

990
00:53:47,805 --> 00:53:48,805
I Vote Yes.

991
00:53:48,805 --> 00:53:51,365
You affirm that and Mr.

992
00:53:51,785 --> 00:53:56,265
Corbet, I'm sorry Mr. Dani.

993
00:53:56,845 --> 00:53:59,145
Mr. Dani vote Yes

994
00:54:01,205 --> 00:54:03,425
And the chair will make that Yes as well.

995
00:54:03,525 --> 00:54:06,945
Mr. Dani takes re the place of the missing

996
00:54:08,225 --> 00:54:11,665
original first member changes that vote to at least a three

997
00:54:11,665 --> 00:54:13,145
to two, it's now four to one.

998
00:54:13,605 --> 00:54:16,065
You are affirmed, your client can proceed ahead.

999
00:54:16,135 --> 00:54:18,545
Okay, thank you very much. Alright, have a good evening.

1000
00:54:18,565 --> 00:54:23,545
Thanks. Next

1001
00:54:23,575 --> 00:54:28,185
case up is case number 26 26 dash 15

1002
00:54:29,165 --> 00:54:30,505
tabled from June 4th.

1003
00:54:31,265 --> 00:54:34,185
Represented applicant is Jermaine Blaske,

1004
00:54:34,945 --> 00:54:36,905
representing GAL and LLC.

1005
00:54:37,765 --> 00:54:40,665
Mr. Chair, I'm gonna recuse myself on this case

1006
00:54:40,665 --> 00:54:43,105
and step down, I have a business relationship with the

1007
00:54:43,105 --> 00:54:44,105
Applicant.

1008
00:54:44,105 --> 00:54:47,745
Very good. Mr. Dietzel Recuses. Mr.

1009
00:54:47,905 --> 00:54:51,705
O Bimbo, would you like to sit in this place? Yes, Mr.

1010
00:54:51,755 --> 00:54:53,985
Chair. Alright, very good. Good evening attorney.

1011
00:54:53,985 --> 00:54:55,985
Jermaine, welcome back again. Thank

1012
00:54:55,985 --> 00:54:56,985
You.

1013
00:54:56,985 --> 00:54:59,585
How are you? Good evening everyone.

1014
00:55:00,045 --> 00:55:03,305
I'm here with Brent Cole with Granite Engineering.

1015
00:55:03,855 --> 00:55:04,945
He's sitting to my right.

1016
00:55:05,855 --> 00:55:09,265
Also here is Tom Landon, who is the principal

1017
00:55:10,005 --> 00:55:13,385
of this company and also here is Attorney John Corby.

1018
00:55:16,885 --> 00:55:20,185
The subject of this application is a 16 acre portion

1019
00:55:20,605 --> 00:55:24,905
of the lot currently shown on tax map 1 4 0 1 5

1020
00:55:25,965 --> 00:55:30,265
lot 1 4 0 1 5 has a total of approximately 83 acres

1021
00:55:30,525 --> 00:55:32,625
and is situated on what will be an extension

1022
00:55:32,625 --> 00:55:35,585
of Forest Street and the development known as

1023
00:55:36,145 --> 00:55:41,105
Denali Estates Lot 1 4 0 1 5 is located on the LMDR district

1024
00:55:41,235 --> 00:55:44,145
where the frontage requirement is 150 feet

1025
00:55:44,365 --> 00:55:47,145
and lots are required to contain a minimum of two acres.

1026
00:55:47,525 --> 00:55:49,145
In developing Denali Estates,

1027
00:55:49,145 --> 00:55:52,465
the applicant has extended the municipal water line from the

1028
00:55:52,785 --> 00:55:55,825
original portion of Daniel Daniel Road through the terminus

1029
00:55:56,005 --> 00:55:59,105
of the new portion of Daniel Road and onto Forest Street

1030
00:55:59,405 --> 00:56:02,425
and will now further extend the waterline onto the remaining

1031
00:56:02,425 --> 00:56:03,705
portion of Forest Street

1032
00:56:03,805 --> 00:56:08,025
and throughout lot 1 4 0 1 5 let all like all previous

1033
00:56:08,785 --> 00:56:10,705
approved lots in the Denali Estate subdivision,

1034
00:56:11,125 --> 00:56:15,025
all future subdivided lots in lot 1 4 0 1 5 will be serviced

1035
00:56:15,045 --> 00:56:18,785
by municipal water, thus eliminated in the need for wells

1036
00:56:19,305 --> 00:56:20,825
within the state and town.

1037
00:56:21,105 --> 00:56:23,925
Required well radius and septic system separation on these

1038
00:56:24,035 --> 00:56:27,805
lots lot 1 4 0 1 5 is part of a larger development known

1039
00:56:27,805 --> 00:56:29,765
as Denali Estates, which has a total

1040
00:56:29,765 --> 00:56:32,325
of approximately 50 lots which have been developed

1041
00:56:32,325 --> 00:56:34,605
and approved by the Dairy Planning Board in phases known

1042
00:56:34,945 --> 00:56:37,965
as phase 1, 2, 3, and four.

1043
00:56:39,065 --> 00:56:41,885
I'd ask you to look at plan A

1044
00:56:41,885 --> 00:56:44,165
through D on tab four.

1045
00:56:44,825 --> 00:56:46,325
The lots which are the subject

1046
00:56:46,385 --> 00:56:49,845
of this application will be in an approximately 16 acre

1047
00:56:49,845 --> 00:56:52,365
portion of the remainder of the property currently known

1048
00:56:52,365 --> 00:56:56,485
as lots 1 4 0 1 5 as shown on Plan B, the desire

1049
00:56:56,485 --> 00:56:57,845
of J-A-L-L-L-C,

1050
00:56:57,845 --> 00:57:01,165
the developer is more logical development a portion

1051
00:57:01,185 --> 00:57:04,405
of lot 1 4 0 1 5 containing approximately 16 acres

1052
00:57:04,745 --> 00:57:06,885
to better utilize the land with the availability

1053
00:57:06,885 --> 00:57:07,965
of the municipal water

1054
00:57:08,145 --> 00:57:10,605
and to protect the aesthetics of the development

1055
00:57:10,785 --> 00:57:12,565
and abutting homeowners properties.

1056
00:57:12,565 --> 00:57:14,485
However, that would require

1057
00:57:14,485 --> 00:57:16,565
that the lots in this 16 acre parcel

1058
00:57:17,105 --> 00:57:19,525
parcel contain less than two acres each.

1059
00:57:20,145 --> 00:57:22,925
The applicant has two alternatives available to it.

1060
00:57:23,445 --> 00:57:26,885
This six eight acre parcel can be subdivided into six lots

1061
00:57:27,155 --> 00:57:30,885
each with a minimum of 150 feet of frontage

1062
00:57:30,885 --> 00:57:32,765
and containing a minimum of two acres.

1063
00:57:32,915 --> 00:57:35,805
However, due to the configuration of the of the land,

1064
00:57:36,135 --> 00:57:37,965
these would be commonly referred to

1065
00:57:37,965 --> 00:57:41,925
as finger lots each having a depth averaging 900 feet

1066
00:57:42,625 --> 00:57:45,405
and that's set forth on plan C on tab four.

1067
00:57:45,875 --> 00:57:48,565
Obviously this makes a substantial portion of each lot

1068
00:57:49,075 --> 00:57:51,125
practically unusable to the owner.

1069
00:57:52,425 --> 00:57:55,365
The owner would effectively be taxed on considerable land,

1070
00:57:55,695 --> 00:57:57,285
which is impractical to use.

1071
00:57:57,545 --> 00:57:58,685
The lots do not need

1072
00:57:58,685 --> 00:58:01,405
to contain two acres each since they will be serviced

1073
00:58:01,425 --> 00:58:02,565
by municipal water.

1074
00:58:02,985 --> 00:58:05,125
The alternative and better use of the land would be

1075
00:58:05,125 --> 00:58:08,085
for the developer to create smaller lots on a new road,

1076
00:58:08,335 --> 00:58:11,685
still within a minimum of 150 feet frontage,

1077
00:58:11,985 --> 00:58:14,285
but with a minimum of one acre each,

1078
00:58:14,415 --> 00:58:17,485
which would allow the lots to be more logically configured

1079
00:58:18,085 --> 00:58:20,965
with more practical, usable area area

1080
00:58:21,605 --> 00:58:22,965
serviced by municipal water.

1081
00:58:23,345 --> 00:58:25,845
The current proposal is to subdivide 16 acres

1082
00:58:26,265 --> 00:58:28,325
of lot 1 4, 0, 1 5,

1083
00:58:28,385 --> 00:58:31,245
and to lots having a minimum of one acre each serviced

1084
00:58:31,245 --> 00:58:34,325
by municipal water, which will require a variance.

1085
00:58:34,505 --> 00:58:37,685
The new lots will each have a minimum of 150 feet

1086
00:58:37,685 --> 00:58:39,525
of frontage and more than one acre,

1087
00:58:39,745 --> 00:58:41,605
but will be less than two acres each.

1088
00:58:41,915 --> 00:58:43,445
That set forth on plan D

1089
00:58:43,445 --> 00:58:46,485
and tab four Under the current zoning regulations

1090
00:58:46,485 --> 00:58:48,845
of the town of dairy, other zones in dairy allow

1091
00:58:48,845 --> 00:58:52,165
for a little as little as 15,000 square feet

1092
00:58:52,165 --> 00:58:54,365
of area if serviced by either municipal water

1093
00:58:54,385 --> 00:58:55,765
or sewer service.

1094
00:58:57,705 --> 00:58:59,365
The applicant is of the opinion

1095
00:58:59,715 --> 00:59:02,365
that requiring two acres in an area serviced

1096
00:59:02,365 --> 00:59:04,525
by municipal water is arbitrary and

1097
00:59:04,525 --> 00:59:05,965
therefore presents a hardship to the owner.

1098
00:59:06,355 --> 00:59:08,405
Upon approval of this application for the variance,

1099
00:59:08,405 --> 00:59:11,445
the plan will be subject to dairy planning board approval.

1100
00:59:12,865 --> 00:59:13,885
The five criteria,

1101
00:59:15,635 --> 00:59:18,005
this variance will not be contrary to the public interest.

1102
00:59:18,345 --> 00:59:20,445
For variance to be contrary to the public interest,

1103
00:59:20,705 --> 00:59:21,885
it must unduly

1104
00:59:21,945 --> 00:59:24,765
and to a marked degree violate the basic zoning objectives

1105
00:59:24,765 --> 00:59:25,765
of the zoning ordinance.

1106
00:59:26,275 --> 00:59:29,485
This application does not alter the essential character

1107
00:59:29,485 --> 00:59:31,805
of the neighborhood or threaten the health, safety,

1108
00:59:31,905 --> 00:59:33,685
or general welfare of the public.

1109
00:59:33,905 --> 00:59:36,485
The zoning objective of two acre zoning is

1110
00:59:36,485 --> 00:59:38,205
to provide adequate space for wells

1111
00:59:38,205 --> 00:59:41,685
and septic systems in rural areas of the community

1112
00:59:41,685 --> 00:59:43,005
where neither municipal water

1113
00:59:43,305 --> 00:59:44,845
nor sewer services are available.

1114
00:59:45,395 --> 00:59:46,965
This is logical given the state

1115
00:59:46,965 --> 00:59:49,525
and town requirements of one well radius

1116
00:59:49,525 --> 00:59:52,085
and two well in septic separation distances.

1117
00:59:52,085 --> 00:59:54,325
However, the proposed location will be serviced

1118
00:59:54,325 --> 00:59:56,725
by municipal water, allowing a more

1119
00:59:57,125 --> 00:59:58,405
practical use of the land.

1120
00:59:58,825 --> 01:00:01,285
The proposed lots will meet all other requirements

1121
01:00:01,285 --> 01:00:02,685
of the zone zoning ordinance

1122
01:00:02,705 --> 01:00:03,965
and will be used for single family

1123
01:00:03,965 --> 01:00:05,445
residential building purposes.

1124
01:00:05,535 --> 01:00:08,485
Consistent with the neighborhood, there will be no threat

1125
01:00:08,485 --> 01:00:10,765
to health, safety and general welfare of the public

1126
01:00:11,065 --> 01:00:15,245
as the new lots will will be on a new roadway built to state

1127
01:00:15,245 --> 01:00:18,685
and town requirements, including the installation

1128
01:00:18,945 --> 01:00:20,405
of a municipal water main

1129
01:00:20,585 --> 01:00:23,125
and proper drainage, there will be no site distance

1130
01:00:23,125 --> 01:00:25,645
or driveway congestion, congestion issues.

1131
01:00:26,165 --> 01:00:28,285
The granting of this variance will not be contrary

1132
01:00:28,285 --> 01:00:30,445
to the public interest, the spirit of

1133
01:00:30,465 --> 01:00:31,805
or the ordinance is observed.

1134
01:00:31,865 --> 01:00:35,605
The spirit of the ordinance to the spirit

1135
01:00:35,605 --> 01:00:38,085
of the zoning ordinance, ordinance is to promote the health,

1136
01:00:38,085 --> 01:00:40,445
safety and general welfare of the community.

1137
01:00:40,755 --> 01:00:42,645
This application does not violate the

1138
01:00:42,645 --> 01:00:43,685
spirit of the ordinance.

1139
01:00:43,985 --> 01:00:46,565
The proposed lots will be serviced by municipal water

1140
01:00:47,245 --> 01:00:49,445
service, eliminating the need for private wells

1141
01:00:50,795 --> 01:00:52,525
with well radius requirements.

1142
01:00:53,015 --> 01:00:55,405
There are many areas of the town of Derry

1143
01:00:55,405 --> 01:00:56,885
where the zoning ordinance allows

1144
01:00:57,385 --> 01:00:59,525
for much smaller lots if serviced

1145
01:00:59,525 --> 01:01:01,245
by municipal water or sewer service.

1146
01:01:01,665 --> 01:01:05,525
For example, zone MHDR allows for lots with a minimum

1147
01:01:05,585 --> 01:01:07,085
of 15,000 square feet.

1148
01:01:07,085 --> 01:01:11,125
If serviced by municipal water zone, MHDR two allows

1149
01:01:11,125 --> 01:01:12,245
for lots with a minimum

1150
01:01:12,385 --> 01:01:15,445
of 15,000 square feet if serviced by municipal water.

1151
01:01:16,125 --> 01:01:18,205
Additionally, N-H-D-E-S requirements allow

1152
01:01:18,205 --> 01:01:19,445
for lot size reductions.

1153
01:01:19,535 --> 01:01:21,725
Where a parcel is serviced by municipal water,

1154
01:01:22,265 --> 01:01:24,485
the requested variance does not add

1155
01:01:24,485 --> 01:01:25,725
to congestion in the streets.

1156
01:01:25,905 --> 01:01:29,245
The proposed lots in the 16 acre area will have a minimum

1157
01:01:29,265 --> 01:01:33,525
of 150 feet of frontage as required by the LMDR district

1158
01:01:34,075 --> 01:01:37,125
will have sufficient area designed by the town for the entry

1159
01:01:37,125 --> 01:01:38,685
and exit of emergency vehicles

1160
01:01:38,685 --> 01:01:39,605
and will maintain the

1161
01:01:39,605 --> 01:01:40,965
residential character of the neighborhood.

1162
01:01:41,265 --> 01:01:43,365
In fact, due to the configuration of the lots

1163
01:01:43,465 --> 01:01:46,045
and the abutting lots on Daniel Road, the residences

1164
01:01:46,045 --> 01:01:48,765
to be built on the new lots will be difficult if not

1165
01:01:49,045 --> 01:01:51,205
impossible to see from the residences

1166
01:01:51,225 --> 01:01:53,165
of the lots on Daniel Road.

1167
01:01:53,635 --> 01:01:55,325
Substantial. As justice is done,

1168
01:01:55,505 --> 01:01:58,525
the New Hampshire Supreme Court has stated in Malachi Glen

1169
01:01:58,615 --> 01:02:00,405
Associates versus Satana Chichester

1170
01:02:00,835 --> 01:02:04,205
that perhaps the only guiding rule in this factor is

1171
01:02:04,205 --> 01:02:07,685
that any loss to the individual is not outweighed by a gain

1172
01:02:07,845 --> 01:02:11,085
to the general public is an injustice end quote.

1173
01:02:11,745 --> 01:02:14,445
The general public has nothing to gain from the enforcement

1174
01:02:14,445 --> 01:02:16,325
of a two acre zoning provision in this area.

1175
01:02:16,785 --> 01:02:18,365
If this variance is granted,

1176
01:02:18,465 --> 01:02:21,685
the ultimate homeowners will be taxed only on usable land

1177
01:02:21,785 --> 01:02:24,325
rather than lar large, oddly shaped lots

1178
01:02:24,325 --> 01:02:26,085
that are consistent, or I'm sorry,

1179
01:02:26,085 --> 01:02:28,005
that are considerable unusable acreage.

1180
01:02:28,665 --> 01:02:32,485
The property being subdivided is approximately 16 acres due

1181
01:02:32,485 --> 01:02:34,085
to the unique configuration of the property,

1182
01:02:34,305 --> 01:02:38,245
it cannot be used to its full potential

1183
01:02:38,245 --> 01:02:39,725
without the required variance.

1184
01:02:39,725 --> 01:02:42,325
Further, the lots are serviced by municipal water.

1185
01:02:43,865 --> 01:02:46,125
The value of surrounding properties are not diminished.

1186
01:02:46,125 --> 01:02:47,925
The residents, the residences

1187
01:02:47,925 --> 01:02:50,405
to be constructed on the lots will be valued consistently

1188
01:02:50,635 --> 01:02:51,805
with other residences.

1189
01:02:51,825 --> 01:02:54,245
In the Denali of Estates neighborhood, there is no concern

1190
01:02:54,705 --> 01:02:57,085
or indication that the granting

1191
01:02:57,085 --> 01:02:59,205
of this variance will diminish the value

1192
01:02:59,205 --> 01:03:00,325
of surrounding properties.

1193
01:03:00,905 --> 01:03:03,365
The proposed lots will all have a minimum

1194
01:03:03,465 --> 01:03:06,085
of 150 feet frontage consistent

1195
01:03:06,085 --> 01:03:07,685
with those throughout the development.

1196
01:03:08,035 --> 01:03:09,685
Literal enforcement of the provisions

1197
01:03:09,705 --> 01:03:12,005
of the ordinance will result in an unnecessary hardship.

1198
01:03:13,105 --> 01:03:15,525
No fair and substantial relationship exists

1199
01:03:15,525 --> 01:03:17,445
between the general public purpose

1200
01:03:17,505 --> 01:03:18,805
of the ordinance provision

1201
01:03:18,805 --> 01:03:20,765
and the specific application of

1202
01:03:20,765 --> 01:03:22,205
that provision to the property.

1203
01:03:22,545 --> 01:03:25,205
The applicant's property is approximately 16 acres in size

1204
01:03:25,205 --> 01:03:27,125
and will be serviced by municipal water service.

1205
01:03:27,465 --> 01:03:29,485
The proposed lots will meet all other requirements

1206
01:03:29,485 --> 01:03:31,645
of the zoning ordinance other than acreage.

1207
01:03:31,905 --> 01:03:35,405
In fact, the proposed lots on this parcel will each have a

1208
01:03:35,405 --> 01:03:36,925
minimum of 150 feet

1209
01:03:36,925 --> 01:03:40,605
of frontage rather than the 125 feet required in other areas

1210
01:03:40,795 --> 01:03:41,845
with one acre zoning.

1211
01:03:42,035 --> 01:03:45,285
Accordingly, the applicant will suffer a hardship in the

1212
01:03:45,315 --> 01:03:46,885
inability to use the property

1213
01:03:46,885 --> 01:03:49,605
to its potential due the special conditions.

1214
01:03:49,895 --> 01:03:51,685
While the property meets

1215
01:03:52,225 --> 01:03:55,005
and exceeds all other requirements of the zoning ordinance.

1216
01:03:55,305 --> 01:03:58,205
The existing road frontage poses no danger to the public

1217
01:03:58,505 --> 01:04:00,485
and due to the special condition of the property,

1218
01:04:00,485 --> 01:04:02,325
strict application of the ordinance

1219
01:04:02,625 --> 01:04:05,685
to this property would not advance the the purposes

1220
01:04:05,685 --> 01:04:08,845
of the ordinance provision in any fair and substantial way.

1221
01:04:08,975 --> 01:04:12,565
There is no harm of any other land, other landowner

1222
01:04:12,585 --> 01:04:13,925
by the granting of this variance.

1223
01:04:14,195 --> 01:04:15,685
Real estate assessments by the town

1224
01:04:15,685 --> 01:04:17,685
of dairy take into consideration the acreage

1225
01:04:18,305 --> 01:04:20,605
of every parcel assessed causing homeowners

1226
01:04:20,605 --> 01:04:23,845
to pay taxes on land that is impractical to use due

1227
01:04:23,845 --> 01:04:25,365
to unreasonable zoning requirements

1228
01:04:25,375 --> 01:04:28,085
where municipal services are available amounts

1229
01:04:28,085 --> 01:04:30,685
to an unjust burden to the residents.

1230
01:04:30,895 --> 01:04:33,925
Dairy zoning ordinance allows for lots

1231
01:04:33,925 --> 01:04:36,325
of 15,000 square feet in the MHDR

1232
01:04:36,325 --> 01:04:39,005
and MHDR two zones where the municipal water is available.

1233
01:04:39,175 --> 01:04:41,805
There is no other reason stated in the ordinance

1234
01:04:42,305 --> 01:04:43,685
for the reduced lot sizes.

1235
01:04:43,825 --> 01:04:46,685
The requirement for two acres in the LMDR zone

1236
01:04:46,685 --> 01:04:49,365
where municipal water is available seems to be arbitrary,

1237
01:04:49,425 --> 01:04:51,645
is no other reason for the requirement is

1238
01:04:51,645 --> 01:04:52,725
stated in the ordinance.

1239
01:04:53,475 --> 01:04:54,765
This presents a hardship

1240
01:04:54,765 --> 01:04:57,245
to the applicants the New Hampshire Supreme Court has stated

1241
01:04:57,265 --> 01:04:59,165
in the time of Chichester versus Brooks

1242
01:04:59,755 --> 01:05:02,605
that zoning ordinances must be reasonable, not arbitrary

1243
01:05:02,605 --> 01:05:05,965
and must rest upon the ground of difference,

1244
01:05:06,825 --> 01:05:08,925
having a fair and substantial relation

1245
01:05:09,185 --> 01:05:10,805
to the object of the regulation.

1246
01:05:11,145 --> 01:05:12,525
The intersection of Daniel Road

1247
01:05:12,525 --> 01:05:15,605
and fourth Street was strategically positioned

1248
01:05:15,605 --> 01:05:17,765
during the initial stages of the development

1249
01:05:17,905 --> 01:05:19,565
and design of Denali Estates

1250
01:05:19,825 --> 01:05:22,565
to be at right angles at locations

1251
01:05:22,595 --> 01:05:24,725
that minimizes wetland impacts.

1252
01:05:25,065 --> 01:05:28,365
Moving the intersection further north would have resulted in

1253
01:05:28,365 --> 01:05:31,525
a greater impact on the larger wetland area while moving

1254
01:05:31,615 --> 01:05:34,565
south would have extended the dead end on annual road

1255
01:05:34,565 --> 01:05:36,005
beyond the desirable length.

1256
01:05:36,585 --> 01:05:38,885
You can see the wetlands set forth on Plan D.

1257
01:05:39,955 --> 01:05:42,005
Furthermore, the intersection was designed

1258
01:05:42,025 --> 01:05:45,525
to include a fourth leg of the of the future, phase four.

1259
01:05:46,205 --> 01:05:49,085
Because phase four requires two wetland crossings,

1260
01:05:49,185 --> 01:05:52,045
the developer precisely located the intersection

1261
01:05:52,045 --> 01:05:54,405
to ensure utilization of the alternative

1262
01:05:54,405 --> 01:05:57,605
that least impacted wetlands affected by the crossing

1263
01:05:57,605 --> 01:05:59,125
of Daniel Road and Forest Street

1264
01:05:59,465 --> 01:06:01,605
to ensure the safety intersection of the design

1265
01:06:01,945 --> 01:06:03,445
and to satisfy the Department

1266
01:06:03,445 --> 01:06:04,965
of Environmental Service requirements.

1267
01:06:05,395 --> 01:06:07,365
This requirement, necessity shifting

1268
01:06:07,385 --> 01:06:09,765
of future phase four roadway farther south,

1269
01:06:10,255 --> 01:06:12,365
which significantly limited the opportunity

1270
01:06:12,385 --> 01:06:13,925
to utilize the 16 acres

1271
01:06:13,985 --> 01:06:15,885
for which this variance is requested.

1272
01:06:16,305 --> 01:06:19,005
New Hampshire legislature has obviously recognized

1273
01:06:19,005 --> 01:06:21,765
that problem of requiring excessive lot sizes

1274
01:06:21,765 --> 01:06:23,525
where municipal water is available.

1275
01:06:24,005 --> 01:06:27,325
SB 84 proposes to set a maximum lot size

1276
01:06:27,325 --> 01:06:30,045
for single family residents use based on the type

1277
01:06:30,045 --> 01:06:32,805
of infrastructure service servicing the lot.

1278
01:06:33,225 --> 01:06:35,685
One provision of the proposal legislation is

1279
01:06:35,905 --> 01:06:37,685
for lots serviced by municipal

1280
01:06:37,705 --> 01:06:39,325
or community water infrastructure.

1281
01:06:39,825 --> 01:06:43,125
No ordinance shall require lot sizes greater than 44,000

1282
01:06:43,125 --> 01:06:46,205
square feet for single family residential use

1283
01:06:46,215 --> 01:06:48,605
where there is adequate water system capacity

1284
01:06:48,605 --> 01:06:51,165
to accommodate development on such lots

1285
01:06:51,225 --> 01:06:54,645
unless the municipal municipality provides empirical

1286
01:06:54,845 --> 01:06:56,245
evidence that the water system cannot

1287
01:06:56,245 --> 01:06:57,525
support additional homes.

1288
01:06:58,095 --> 01:07:00,165
While this proposed legislation has not

1289
01:07:00,165 --> 01:07:03,445
yet passed in New Hampshire legislature, it is evidence

1290
01:07:03,445 --> 01:07:06,205
that the legislature recognizes the need

1291
01:07:06,205 --> 01:07:08,605
for more practical use of available land.

1292
01:07:09,345 --> 01:07:11,605
The special conditions of municipal water service

1293
01:07:12,415 --> 01:07:15,605
being available to this parcel distinguishes it from other

1294
01:07:15,605 --> 01:07:18,685
properties in the LMDR zone, resulting in a hardship

1295
01:07:18,685 --> 01:07:21,645
to the developer whereby the property cannot be best used in

1296
01:07:21,645 --> 01:07:24,605
the strict conformance with the ordinance and variance and

1297
01:07:24,605 --> 01:07:27,565
therefore necessary to enable a reasonable use of it.

1298
01:07:27,865 --> 01:07:29,925
The zoning ordinance of the town of Dairy states

1299
01:07:29,925 --> 01:07:32,645
that its purpose is to promote the health, safety

1300
01:07:32,785 --> 01:07:34,285
and general welfare of the community.

1301
01:07:34,465 --> 01:07:37,565
It further states that the intent among other things is

1302
01:07:37,565 --> 01:07:39,885
to assure the adequate provisions of water,

1303
01:07:40,145 --> 01:07:42,245
assure the proper use of natural resources,

1304
01:07:42,475 --> 01:07:45,045
give reasonable consideration to the character

1305
01:07:45,465 --> 01:07:49,125
of the area involved in its peculiar suitability

1306
01:07:49,865 --> 01:07:51,685
for particular uses

1307
01:07:51,745 --> 01:07:53,525
and encouraging the most appropriate use

1308
01:07:53,525 --> 01:07:54,925
of land throughout the municipality,

1309
01:07:55,525 --> 01:07:57,965
allowing the variance requested is in accordance

1310
01:07:57,965 --> 01:08:00,245
with the basic purpose and intent of the zoning ordinance

1311
01:08:00,425 --> 01:08:01,845
by permitting the reasonable

1312
01:08:01,865 --> 01:08:03,925
and most appropriate use of the land service

1313
01:08:04,025 --> 01:08:06,285
by the municipal water system consistent

1314
01:08:06,285 --> 01:08:07,645
with the remainder of the development.

1315
01:08:08,425 --> 01:08:10,605
At a recent meeting of the Dairy Planning Board, one

1316
01:08:10,605 --> 01:08:13,405
of the items proposed for future discussion was a need

1317
01:08:13,405 --> 01:08:16,485
to revisit zoning requirements in view of the extension

1318
01:08:16,485 --> 01:08:18,285
of municipal water services in dairy.

1319
01:08:18,495 --> 01:08:22,045
Since the last revision to the ordinance, there was a,

1320
01:08:22,165 --> 01:08:24,325
a positive response by members of the planning board

1321
01:08:24,325 --> 01:08:27,045
to the suggestion that this topic needs to be revisited.

1322
01:08:27,235 --> 01:08:30,005
This is further evidenced by mere passage of time

1323
01:08:30,025 --> 01:08:31,965
and improvements by the municipal services

1324
01:08:32,795 --> 01:08:36,165
have inadvertently created circumstances which presents

1325
01:08:36,245 --> 01:08:37,525
a hardship to landowners.

1326
01:08:37,905 --> 01:08:40,085
And I believe that was just as as recent

1327
01:08:40,225 --> 01:08:41,885
as April one of this year.

1328
01:08:42,405 --> 01:08:43,485
When that was discussed,

1329
01:08:44,065 --> 01:08:46,045
the proposed use is a reasonable one.

1330
01:08:46,185 --> 01:08:49,125
The proposed use of the property is a reasonable one.

1331
01:08:49,125 --> 01:08:51,565
Single family residences are the permitted

1332
01:08:51,865 --> 01:08:54,765
and predominant use in the zone, as will be the case

1333
01:08:55,035 --> 01:08:56,085
with this parcel.

1334
01:08:56,425 --> 01:08:58,485
The lot will meet and exceed all requirements

1335
01:08:58,485 --> 01:09:01,325
of the zoning ordinance other than the acreage requirements,

1336
01:09:01,425 --> 01:09:03,165
and there will be no adverse impact

1337
01:09:03,185 --> 01:09:05,165
to any other lot in this development.

1338
01:09:08,595 --> 01:09:10,285
I'll Be happy to take any questions.

1339
01:09:11,545 --> 01:09:12,765
Did you want to add anything to that?

1340
01:09:12,785 --> 01:09:13,565
No, I don't think so.

1341
01:09:21,235 --> 01:09:22,605
Were you here before on

1342
01:09:22,665 --> 01:09:26,205
for the Forest Street bef two months ago?

1343
01:09:26,285 --> 01:09:27,445
A few months ago, yes. Yeah. Okay.

1344
01:09:29,185 --> 01:09:32,685
So many. And so little time to remember. All right.

1345
01:09:32,765 --> 01:09:35,405
I have no questions. Anything from the rest of the board?

1346
01:09:37,855 --> 01:09:39,425
Nope, no gestures. Okay.

1347
01:09:41,895 --> 01:09:45,555
Mr. Owen, you wanna give us your commentary? Sure.

1348
01:09:45,795 --> 01:09:47,955
I don't have anything to add to that presentation,

1349
01:09:48,095 --> 01:09:50,275
but I'll kind of just reiterate and state the facts.

1350
01:09:51,295 --> 01:09:53,995
So as, as presented, the applicant's requesting a variance

1351
01:09:54,015 --> 01:09:56,955
to subdivide approximately 16 acre portion

1352
01:09:57,055 --> 01:10:01,155
of the property into 12 lots, having a minimum of one acre.

1353
01:10:01,155 --> 01:10:04,355
Each property is located in the low medium residential

1354
01:10:04,575 --> 01:10:07,715
zoning district, LMDR, which requires a minimum

1355
01:10:07,775 --> 01:10:08,835
of two acre lots.

1356
01:10:08,835 --> 01:10:11,035
Therefore, the variance is being requested this evening.

1357
01:10:11,895 --> 01:10:14,755
As previously stated, this remainder

1358
01:10:14,755 --> 01:10:18,435
of the parcel is approximately 83 acres as part

1359
01:10:18,435 --> 01:10:20,195
of the ongoing Denali Estate's

1360
01:10:20,195 --> 01:10:21,275
residential Development Project.

1361
01:10:21,735 --> 01:10:23,515
The proposed lots subject

1362
01:10:23,515 --> 01:10:26,835
to this application will be located within approximately 16

1363
01:10:26,985 --> 01:10:28,115
acre portion of the parcel,

1364
01:10:28,565 --> 01:10:31,355
which is located in within phase five.

1365
01:10:32,615 --> 01:10:34,675
The proposed lots, or sorry, phase six,

1366
01:10:34,775 --> 01:10:35,915
the proposed lots would meet

1367
01:10:35,915 --> 01:10:39,395
or exceed the 150 foot minimum lot frontage requirement.

1368
01:10:40,655 --> 01:10:43,075
The proposed lots would be serviced by municipal water

1369
01:10:43,175 --> 01:10:45,195
and private septic septic systems.

1370
01:10:45,775 --> 01:10:49,235
The fire protection is also required in the form of cistern

1371
01:10:49,235 --> 01:10:51,715
or residential Sprinkler system is also required

1372
01:10:52,855 --> 01:10:54,595
if approved, a subdivision approval

1373
01:10:54,615 --> 01:10:56,315
by the planning board will be required

1374
01:10:56,535 --> 01:10:57,595
and appropriate permits

1375
01:10:57,595 --> 01:11:01,275
and inspections will be required as well. Thank you. Okay,

1376
01:11:01,545 --> 01:11:02,545
Very good.

1377
01:11:03,665 --> 01:11:06,995
Anybody have anything off of that? No.

1378
01:11:07,665 --> 01:11:10,355
Gentlemen, why don't we go to public, see who's out there,

1379
01:11:10,355 --> 01:11:11,515
who wants to have a word.

1380
01:11:12,355 --> 01:11:14,685
At this time, we'll go to public input.

1381
01:11:14,685 --> 01:11:17,485
Anybody who wishes to speak in favor of this application,

1382
01:11:17,485 --> 01:11:19,245
this would be your opportunity to come forward

1383
01:11:21,385 --> 01:11:22,525
seeing no one rise.

1384
01:11:23,245 --> 01:11:25,045
Likewise, anyone who is opposed

1385
01:11:25,045 --> 01:11:27,125
to this application has questions to it.

1386
01:11:27,265 --> 01:11:31,735
May you come forward at this time. See no one rise there.

1387
01:11:32,625 --> 01:11:35,535
Seems limited friction this evening. Attorney Jermaine.

1388
01:11:37,205 --> 01:11:40,615
Okay. All right.

1389
01:11:41,315 --> 01:11:45,055
If no questions and the great presentation,

1390
01:11:46,595 --> 01:11:47,895
we can go into deliberation.

1391
01:11:48,995 --> 01:11:50,895
Mr. Chair, I have a question for attorney.

1392
01:11:50,895 --> 01:11:52,655
Jermaine, prior to the liberation Mr.

1393
01:11:52,655 --> 01:11:56,515
Corbin Attorney Jermaine, I'd like to go back to

1394
01:11:56,645 --> 01:11:59,275
where you stated that denying this would be a hardship

1395
01:11:59,435 --> 01:12:02,195
'cause I'm having a tough time seeing that where six

1396
01:12:03,625 --> 01:12:05,995
parcels would work, where I do feel

1397
01:12:05,995 --> 01:12:07,595
that 12 is a bit of an overreach.

1398
01:12:07,935 --> 01:12:11,475
You please explain why you feel that only granting six

1399
01:12:12,125 --> 01:12:13,635
would result in hardship.

1400
01:12:15,025 --> 01:12:18,955
Well, I think we, we set, we set

1401
01:12:18,955 --> 01:12:21,635
that out in detail in the application itself.

1402
01:12:22,515 --> 01:12:26,075
I would like Brent to Cole

1403
01:12:26,075 --> 01:12:27,635
to talk about the roadway itself

1404
01:12:27,835 --> 01:12:30,715
because I think that makes a big difference in

1405
01:12:30,735 --> 01:12:32,675
how we got to this. Sure.

1406
01:12:33,155 --> 01:12:34,795
And and if you could, could you switch

1407
01:12:34,815 --> 01:12:36,635
to the first sheet of that plan set?

1408
01:12:37,545 --> 01:12:38,595
It's the overview plan

1409
01:12:39,095 --> 01:12:41,475
and I think it's kind of important to take a step back on

1410
01:12:41,535 --> 01:12:43,115
how you know we got here.

1411
01:12:43,195 --> 01:12:45,915
I know this board wasn't necessarily involved in the first

1412
01:12:46,225 --> 01:12:47,795
four phases of this project.

1413
01:12:49,215 --> 01:12:50,875
We don't have that. Alright. So if you switch

1414
01:12:50,935 --> 01:12:53,435
to the first sheet, you guys should have that in,

1415
01:12:53,455 --> 01:12:55,395
in your packet you'll see an

1416
01:12:55,515 --> 01:12:56,555
overview of the overall project.

1417
01:12:57,395 --> 01:12:58,955
The first phase came off of Daniel.

1418
01:12:59,375 --> 01:13:02,155
And again, water is being extended along all these phases.

1419
01:13:02,695 --> 01:13:05,435
Is this plan a Yes, plan a sir. Thank you.

1420
01:13:05,815 --> 01:13:08,035
The second phase was continued through Daniel

1421
01:13:08,775 --> 01:13:09,835
up to that intersection.

1422
01:13:10,655 --> 01:13:12,915
The third phase, and arguably one

1423
01:13:12,915 --> 01:13:15,395
of the most important phases was bringing Forest Street

1424
01:13:15,505 --> 01:13:16,515
into that intersection.

1425
01:13:16,655 --> 01:13:18,355
And that intersection is the critical

1426
01:13:18,355 --> 01:13:19,395
component of this project.

1427
01:13:20,055 --> 01:13:22,875
Not only is it where Topographically, Daniel

1428
01:13:23,175 --> 01:13:27,675
and Forest meet, but it allowed us to extend Daniel further

1429
01:13:28,265 --> 01:13:31,275
without exceeding any dead end lengths

1430
01:13:31,275 --> 01:13:33,555
that the town wouldn't be amenable to.

1431
01:13:34,335 --> 01:13:37,395
It also situated the intersection at a wetland spot

1432
01:13:37,395 --> 01:13:38,875
where we could legally cross.

1433
01:13:39,435 --> 01:13:42,275
And that is at the thinnest spot of the wetland so

1434
01:13:42,435 --> 01:13:44,955
that it would be approvable by your conservation commission

1435
01:13:44,975 --> 01:13:46,835
as well as New Hampshire DES.

1436
01:13:47,135 --> 01:13:49,915
And that allowed us to extend the roadway into phase five.

1437
01:13:50,245 --> 01:13:52,315
While phase five is still being designed

1438
01:13:52,335 --> 01:13:54,635
and hasn't been submitted to the planning board yet,

1439
01:13:55,215 --> 01:13:57,235
the road would meander down through

1440
01:13:57,335 --> 01:13:59,715
and have another wetland crossing at that

1441
01:14:01,075 --> 01:14:03,195
smallest spot down on the south side of where,

1442
01:14:04,205 --> 01:14:05,395
where phase five is.

1443
01:14:05,825 --> 01:14:10,195
This shifts the roadway very south on this vacant piece

1444
01:14:10,195 --> 01:14:14,325
of land, which leaves this north area, which is some

1445
01:14:14,325 --> 01:14:17,565
of the more beautiful land of this parcel.

1446
01:14:18,715 --> 01:14:23,565
Very unused. And if you see from plan, I think it's C,

1447
01:14:24,025 --> 01:14:25,805
you'll see what the alternative is going to be.

1448
01:14:25,825 --> 01:14:30,045
And it's 900 foot flag lots, six fingers

1449
01:14:31,075 --> 01:14:34,365
that essentially don't use the good portion of this land

1450
01:14:34,675 --> 01:14:36,565
because we have municipal water.

1451
01:14:37,345 --> 01:14:39,965
And we met with town staff, they completely agreed

1452
01:14:39,965 --> 01:14:43,045
that Plan D is the preferred alternative out here.

1453
01:14:43,625 --> 01:14:45,525
And when the zoning ordinance was

1454
01:14:45,625 --> 01:14:48,765
or the zoning map was put into place, it was unlikely

1455
01:14:48,835 --> 01:14:51,245
that they thought that water would be extended into this

1456
01:14:51,245 --> 01:14:53,805
area because two acres is just unnecessary.

1457
01:14:54,075 --> 01:14:57,965
When you have municipal water out here, DES, we have

1458
01:14:57,965 --> 01:14:59,085
to get septic permits.

1459
01:14:59,565 --> 01:15:01,285
They would never require two acres

1460
01:15:01,465 --> 01:15:03,085
for this type of development.

1461
01:15:03,625 --> 01:15:06,805
But what this development does in in Plan D is it allows

1462
01:15:06,905 --> 01:15:08,725
for lots that are very similar to

1463
01:15:08,725 --> 01:15:11,925
what has already been constructed wider lots to allow

1464
01:15:11,925 --> 01:15:16,125
for different styles of housing, proper side yard setbacks

1465
01:15:16,125 --> 01:15:19,605
and a reasonable rear setback instead of 600 feet

1466
01:15:19,605 --> 01:15:22,285
that will likely go unused by any of the homeowners.

1467
01:15:22,705 --> 01:15:25,565
So honestly, this, this is a better product

1468
01:15:26,245 --> 01:15:27,445
and it is a product of the,

1469
01:15:27,445 --> 01:15:29,445
the zoning ordinance not accommodating

1470
01:15:29,445 --> 01:15:30,965
municipal water in this district.

1471
01:15:32,015 --> 01:15:35,035
So I don't disagree that plan C would be tight,

1472
01:15:35,535 --> 01:15:37,355
but where I do disagree is that we have

1473
01:15:37,355 --> 01:15:38,555
to go from six to 12.

1474
01:15:39,015 --> 01:15:41,075
As I look at this, it looks like five

1475
01:15:41,095 --> 01:15:43,515
of the lots are now being utilized

1476
01:15:43,615 --> 01:15:46,515
by a forestry rather than the new cul-de-sac.

1477
01:15:46,615 --> 01:15:49,075
Why can't we have eight? Why does the jump have

1478
01:15:49,075 --> 01:15:50,075
to go from six to 12?

1479
01:15:50,075 --> 01:15:52,195
Because that's where I really don't see a hardship.

1480
01:15:52,615 --> 01:15:54,435
And I do feel that it becomes an overreach.

1481
01:15:56,815 --> 01:15:59,345
Well, it's not, you can go ahead.

1482
01:15:59,765 --> 01:16:01,865
You know, I I, I can try to help answer that

1483
01:16:01,885 --> 01:16:05,625
and at a lot to do a lot of that is to do with the roadway

1484
01:16:06,145 --> 01:16:07,345
that is being situated.

1485
01:16:07,645 --> 01:16:09,665
In order to go from six to eight

1486
01:16:10,005 --> 01:16:13,305
and to develop a road like this there, there has

1487
01:16:13,305 --> 01:16:15,065
to be a number that makes it feasible.

1488
01:16:15,685 --> 01:16:18,385
And, and having one acre lots

1489
01:16:18,385 --> 01:16:21,265
and knowing that one acre lots can easily accommodate a

1490
01:16:21,505 --> 01:16:23,225
septic system that doesn't need a well

1491
01:16:23,225 --> 01:16:26,065
because we have municipal water, it wouldn't make sense

1492
01:16:26,125 --> 01:16:28,025
to only increase to eight lots

1493
01:16:29,035 --> 01:16:31,345
while still building this roadway infrastructure.

1494
01:16:32,135 --> 01:16:34,265
Well, I would argue it would because now that's four

1495
01:16:34,265 --> 01:16:35,785
or less lots that require a variance.

1496
01:16:38,765 --> 01:16:41,285
Disagree. Oh, I think we, we

1497
01:16:41,525 --> 01:16:42,965
Probably, you can't say it's a hardship what

1498
01:16:42,965 --> 01:16:45,165
to not get 12 when there are options

1499
01:16:45,185 --> 01:16:47,085
to do less than 12, I guess is my argument.

1500
01:16:47,505 --> 01:16:51,005
But it's the lot size themselves as, as Brent discussed

1501
01:16:51,005 --> 01:16:55,165
and as we is really the theme of this application is

1502
01:16:55,165 --> 01:16:58,565
that a single family lot is appropriate

1503
01:16:59,375 --> 01:17:03,285
under the circumstances and that the town has looked at this

1504
01:17:03,345 --> 01:17:07,525
and said that this is probably the better plan

1505
01:17:08,265 --> 01:17:12,125
as opposed to what we, what is there with these finger lots.

1506
01:17:12,125 --> 01:17:15,445
These finger lots are not the best lots to have

1507
01:17:16,425 --> 01:17:18,165
for a single family home.

1508
01:17:19,145 --> 01:17:22,965
And this, the previous application you just had was we have

1509
01:17:23,165 --> 01:17:27,045
driveways right next to lots that we really don't want that,

1510
01:17:28,225 --> 01:17:32,925
but it's, this prevents that type of finger lot development,

1511
01:17:33,135 --> 01:17:36,805
which, which is quite prominent in

1512
01:17:37,505 --> 01:17:39,365
the previous application in that neighborhood.

1513
01:17:39,905 --> 01:17:41,485
So this does something a little bit different

1514
01:17:41,485 --> 01:17:44,885
and it also creates a, the single family, one acre area

1515
01:17:45,555 --> 01:17:47,565
that is possible.

1516
01:17:47,595 --> 01:17:50,325
It's feasible. You have wetlands there that, that,

1517
01:17:50,545 --> 01:17:54,045
and the, the road configuration makes that feasible

1518
01:17:54,145 --> 01:17:58,965
and usable when you have water providing services

1519
01:17:59,065 --> 01:18:00,445
to those, those lots themselves.

1520
01:18:01,265 --> 01:18:06,125
The, the legislation, the the use

1521
01:18:06,125 --> 01:18:09,645
of lots don't necessarily need to have

1522
01:18:10,575 --> 01:18:13,205
those lot sizes and that's why we're here for variance.

1523
01:18:14,355 --> 01:18:16,605
Okay. I would rest with, I would agree

1524
01:18:16,605 --> 01:18:17,685
that D is better than C,

1525
01:18:17,685 --> 01:18:19,365
but I do not believe that it's the best option.

1526
01:18:19,365 --> 01:18:21,045
And I believe that's just where we've settled.

1527
01:18:23,125 --> 01:18:24,925
I think one of the key points

1528
01:18:24,925 --> 01:18:28,525
that you may emphasized is the fact that now there is

1529
01:18:28,955 --> 01:18:32,805
that the development regulations get changed

1530
01:18:33,715 --> 01:18:37,045
here because of municipal water feed, not

1531
01:18:37,045 --> 01:18:39,125
because of the reliance on wells.

1532
01:18:39,125 --> 01:18:40,125
Correct? Correct.

1533
01:18:40,785 --> 01:18:44,125
And I think that this is one of those things

1534
01:18:44,125 --> 01:18:46,205
that I understand understanding Mr.

1535
01:18:46,435 --> 01:18:49,165
Corbett's point a little bit,

1536
01:18:49,665 --> 01:18:54,205
but that that key element there is a, is a revision that

1537
01:18:55,065 --> 01:18:58,485
is accelerating ahead of our

1538
01:18:59,535 --> 01:19:03,405
ordinances versus trying to ask for something

1539
01:19:03,475 --> 01:19:06,365
that the town, you know, is,

1540
01:19:07,545 --> 01:19:10,725
has merit in their, in their established ordinance.

1541
01:19:10,965 --> 01:19:12,085
I think these,

1542
01:19:12,945 --> 01:19:14,685
and what I mean is the merit is that,

1543
01:19:14,835 --> 01:19:19,045
well we wouldn't have municipal water there, so, you know,

1544
01:19:20,065 --> 01:19:23,845
so our ordinances stand firm, I think that you're ahead

1545
01:19:23,845 --> 01:19:26,885
of the curve on that a little bit. Is that about right?

1546
01:19:27,325 --> 01:19:30,205
I would agree Mr. Chair, if you look at zoning districts

1547
01:19:30,205 --> 01:19:32,765
that do have municipal water in the area, you'll find

1548
01:19:32,765 --> 01:19:34,245
that they are one acre

1549
01:19:34,245 --> 01:19:36,645
or less as indicated in the application.

1550
01:19:37,785 --> 01:19:40,645
And I, I believe that's why we tried to stay consistent with

1551
01:19:40,645 --> 01:19:44,365
that, with going to an acre here instead of just coming up

1552
01:19:44,365 --> 01:19:47,725
with an arbitrary number that resulted in eight lots.

1553
01:19:47,745 --> 01:19:49,005
You know, we're trying to be consistent

1554
01:19:49,005 --> 01:19:51,165
with other zoning districts that do have municipal water

1555
01:19:52,225 --> 01:19:54,805
If Yeah, We're we're right on the cusp of,

1556
01:19:56,745 --> 01:20:00,085
of the other other zone.

1557
01:20:00,085 --> 01:20:01,325
Correct. Right on

1558
01:20:01,325 --> 01:20:02,325
The edge.

1559
01:20:02,325 --> 01:20:03,005
We, we really are. And that, that was the topic

1560
01:20:03,025 --> 01:20:04,605
of the conversation last time.

1561
01:20:05,005 --> 01:20:07,925
Forest Street and Wildwood do have municipal water.

1562
01:20:08,035 --> 01:20:10,525
They are in the MDR district.

1563
01:20:10,865 --> 01:20:13,005
You will notice those lots are one acre

1564
01:20:13,565 --> 01:20:15,725
with only 125 feet of frontage.

1565
01:20:15,755 --> 01:20:19,165
Yeah. We are staying consistent out here at 150 feet

1566
01:20:19,225 --> 01:20:22,605
and adhering to the L MDRs frontage requirements,

1567
01:20:22,615 --> 01:20:26,245
which does drive up the cost for, you know,

1568
01:20:26,245 --> 01:20:27,485
roadways and things like that.

1569
01:20:27,545 --> 01:20:30,125
But we believe it is important to stay consistent

1570
01:20:30,125 --> 01:20:31,725
with the width of the lots

1571
01:20:31,725 --> 01:20:32,925
throughout the entire development.

1572
01:20:33,305 --> 01:20:37,005
We just don't need 600 feet of additional eight land

1573
01:20:37,185 --> 01:20:39,565
to the back of these six F finger lots.

1574
01:20:39,885 --> 01:20:42,165
Hmm. I I would, I would also point out that

1575
01:20:42,755 --> 01:20:45,125
this is not something unique.

1576
01:20:45,235 --> 01:20:48,765
This, the planning board has workshopped this

1577
01:20:48,985 --> 01:20:53,525
and has said in their minutes of April one that, that

1578
01:20:54,155 --> 01:20:56,725
over the last 10 years water's been extended

1579
01:20:56,745 --> 01:21:00,005
to areas currently zoned M-D-R-L-M-D-R the lots were

1580
01:21:00,005 --> 01:21:02,525
originally designated with the minimal mod areas

1581
01:21:02,665 --> 01:21:03,685
to accommodate wells

1582
01:21:03,945 --> 01:21:06,965
and septic systems with water now available in these areas.

1583
01:21:07,465 --> 01:21:10,085
It might make sense to review the current requirements

1584
01:21:10,425 --> 01:21:12,365
to see if we would like to add a provision

1585
01:21:12,595 --> 01:21:14,805
that if the lot has wa has water

1586
01:21:14,905 --> 01:21:16,885
or sewer available, then a minimum lot

1587
01:21:16,885 --> 01:21:18,165
size can be decreased.

1588
01:21:18,585 --> 01:21:21,285
We, we do this in the MHDR

1589
01:21:22,745 --> 01:21:24,125
so it's contemplated,

1590
01:21:24,275 --> 01:21:27,445
it's contemplated statewide at the state legislature

1591
01:21:28,545 --> 01:21:32,045
and this also because of the road configuration.

1592
01:21:32,835 --> 01:21:35,565
This makes a lot of sense at this point. Okay,

1593
01:21:36,305 --> 01:21:37,405
Ms. Corbert, you all set?

1594
01:21:38,195 --> 01:21:40,165
Yeah, I was gonna say, you know what was read there was

1595
01:21:40,165 --> 01:21:44,205
that they think it's worth looking into, not that we've,

1596
01:21:44,205 --> 01:21:45,805
this has been rubber stamped to a change

1597
01:21:45,825 --> 01:21:48,045
and you know, I'd hate to, you know,

1598
01:21:48,045 --> 01:21:50,805
what's the term zone plan by zoning, you know,

1599
01:21:50,805 --> 01:21:53,285
if the decision hasn't been made yet, I'd hate to jump ahead

1600
01:21:53,285 --> 01:21:54,725
of that, you know, force their hand.

1601
01:21:57,545 --> 01:22:00,595
Yeah, this was before the planning board itself. Correct.

1602
01:22:00,695 --> 01:22:02,515
So all the minutes are public to that.

1603
01:22:03,175 --> 01:22:04,435
Yes, that, that I was reading

1604
01:22:04,435 --> 01:22:05,515
from the planning board minutes.

1605
01:22:05,585 --> 01:22:07,475
Okay. From April one.

1606
01:22:07,505 --> 01:22:11,155
Alright. Okay. Anything else Mr. Corbitt? Y'all set

1607
01:22:13,185 --> 01:22:14,275
Nothing further for me.

1608
01:22:14,425 --> 01:22:16,195
Okay. Anybody else on the board have questions,

1609
01:22:16,925 --> 01:22:19,035
wanna shake that information out a bit?

1610
01:22:19,105 --> 01:22:22,355
Alright. Okay, so we didn't hear from anybody in the public,

1611
01:22:22,975 --> 01:22:26,715
so with that we can take a motion to go into deliberation.

1612
01:22:27,365 --> 01:22:28,555
Thank you. So moved.

1613
01:22:28,855 --> 01:22:31,555
Mr. Trip has that motion. I'll second. Mr.

1614
01:22:32,055 --> 01:22:32,835
Oba has a second.

1615
01:22:37,575 --> 01:22:42,315
All in favor of deliberation, say aye. Aye. Aye.

1616
01:22:42,655 --> 01:22:44,315
Any opposed? Hearing none.

1617
01:22:47,395 --> 01:22:51,145
Anybody wanna lead off conversation? Mr.

1618
01:22:51,255 --> 01:22:55,785
Corbett? You

1619
01:22:55,825 --> 01:22:57,665
Wanna see understanding the argument on

1620
01:22:58,215 --> 01:23:00,145
well water versus the septic?

1621
01:23:01,025 --> 01:23:05,765
I still feel that this is beyond a reasonable use.

1622
01:23:06,045 --> 01:23:09,645
I think to design a situation that requires 12 lots, again,

1623
01:23:09,645 --> 01:23:12,325
five of which appear to be entering from a separate street,

1624
01:23:13,025 --> 01:23:14,925
you know, one that takes away from a neighborhood concept,

1625
01:23:15,185 --> 01:23:17,045
you know, I think of what you'd be looking for for

1626
01:23:17,045 --> 01:23:20,045
what you're developing, but two, no real argument as

1627
01:23:20,045 --> 01:23:21,885
to why it wouldn't work.

1628
01:23:22,185 --> 01:23:25,045
You know, why less? It was either six or 12.

1629
01:23:25,495 --> 01:23:27,045
Eight was then called arbitrary,

1630
01:23:27,145 --> 01:23:29,445
but it seems 12 is just to maximize.

1631
01:23:31,265 --> 01:23:34,005
So I really have a very difficult time seeing

1632
01:23:34,065 --> 01:23:37,005
how granting 12 of these when a lower number would fit.

1633
01:23:37,625 --> 01:23:38,645
And again, knowing that just

1634
01:23:38,645 --> 01:23:40,605
because planning said that they would be willing

1635
01:23:40,625 --> 01:23:45,205
to consider looking into changing a zone, that doesn't mean

1636
01:23:45,205 --> 01:23:46,965
that they're going to change it, it doesn't mean a decision

1637
01:23:46,985 --> 01:23:48,205
has been made, it means they're willing

1638
01:23:48,205 --> 01:23:49,765
to look into considering it.

1639
01:23:50,065 --> 01:23:52,005
Yep. You know, working in the corporate world,

1640
01:23:52,005 --> 01:23:53,085
that's a vague statement of

1641
01:23:53,135 --> 01:23:54,765
eventually maybe we'll think about it.

1642
01:23:55,025 --> 01:23:57,165
So again, we've been chastised

1643
01:23:57,165 --> 01:23:59,045
before for pushing the planning board's decision

1644
01:23:59,045 --> 01:24:00,205
and that we make decisions

1645
01:24:00,235 --> 01:24:02,885
that go against exactly what's written into the ordinance.

1646
01:24:02,905 --> 01:24:05,485
And I think with what we've been hearing, you know,

1647
01:24:05,485 --> 01:24:06,765
over the past few months as well,

1648
01:24:07,525 --> 01:24:10,285
I have a very tough time going and granting 12

1649
01:24:10,585 --> 01:24:14,165
and understanding how that's a hardship to not grant 12.

1650
01:24:14,165 --> 01:24:15,205
That it would be causing a hardship.

1651
01:24:21,155 --> 01:24:22,525
Yeah, that's not a bad argument.

1652
01:24:28,865 --> 01:24:30,205
Mr. Emba, any thoughts?

1653
01:24:32,245 --> 01:24:35,965
I guess we had a similar case for the same development

1654
01:24:36,385 --> 01:24:38,805
and that's similar arguments brought up

1655
01:24:41,705 --> 01:24:45,245
the fact that the, the, the development is on the cusp

1656
01:24:45,245 --> 01:24:49,365
of another zone that allows for

1657
01:24:50,525 --> 01:24:52,125
slightly smaller s sizes.

1658
01:24:52,245 --> 01:24:54,445
I think I asked last time the average sizing

1659
01:24:54,505 --> 01:24:57,725
of the lots nearby and it was pretty small.

1660
01:24:58,625 --> 01:25:02,125
The ones in, in this development here a little bit bigger

1661
01:25:02,345 --> 01:25:06,845
and will require, will be more compliant than, than

1662
01:25:08,065 --> 01:25:10,325
if another configuration was adopted.

1663
01:25:13,685 --> 01:25:16,605
Thinking about what the vice chair has said

1664
01:25:17,435 --> 01:25:20,405
regarding the number of lots approved,

1665
01:25:26,425 --> 01:25:31,195
besides maximizing a return here on investment,

1666
01:25:31,205 --> 01:25:34,195
which is a good argument even though it's not

1667
01:25:34,195 --> 01:25:35,355
part of the hardship.

1668
01:25:36,885 --> 01:25:38,115
Based on what we've said

1669
01:25:38,175 --> 01:25:42,315
before, I think that design here is a very good

1670
01:25:43,175 --> 01:25:45,915
use of, of this phase here.

1671
01:25:47,755 --> 01:25:49,995
Addition of that cool to

1672
01:25:52,305 --> 01:25:55,595
keep all the lots conforming in terms of other requirements,

1673
01:25:55,635 --> 01:25:57,595
frontage and all not so

1674
01:25:59,235 --> 01:26:01,195
I don't believe it's an excessive ask,

1675
01:26:01,985 --> 01:26:03,325
it's a reasonable ask.

1676
01:26:03,395 --> 01:26:06,485
It's in line with the other phases of this development.

1677
01:26:10,085 --> 01:26:11,445
I have Ms. Moore,

1678
01:26:12,445 --> 01:26:13,485
I understand what Mr.

1679
01:26:13,595 --> 01:26:14,765
Corbert is saying,

1680
01:26:15,185 --> 01:26:17,645
but even if you went from 12 to eight,

1681
01:26:17,645 --> 01:26:19,245
there's still non-conforming

1682
01:26:19,865 --> 01:26:22,445
and they go from one acre to 1.5.

1683
01:26:23,625 --> 01:26:27,005
In adding that, I don't see the benefit if you add

1684
01:26:27,005 --> 01:26:28,885
that half an acre to the properties,

1685
01:26:29,125 --> 01:26:32,245
I don't think it's gonna make or break it.

1686
01:26:35,365 --> 01:26:40,165
I see. I'm, I'm thinking that the way they picked it was

1687
01:26:40,305 --> 01:26:45,245
by the frontage and if it had the appropriate frontage

1688
01:26:45,465 --> 01:26:50,385
and all the other setbacks is

1689
01:26:50,445 --> 01:26:54,865
how they de they got to 12, but to go to eight

1690
01:26:54,925 --> 01:26:57,545
and make it 1.5 instead of one,

1691
01:27:00,505 --> 01:27:04,035
I don't think is an, it's gonna make a difference.

1692
01:27:06,155 --> 01:27:07,835
I guess in that regard.

1693
01:27:08,495 --> 01:27:12,355
If you shrunk down four lots, does it really make it 1.5

1694
01:27:12,455 --> 01:27:16,675
or does it make it some, some other configuration?

1695
01:27:17,975 --> 01:27:22,035
You know, I look at the lot 15,

1696
01:27:22,835 --> 01:27:26,675
I think it's 34 or 24, I can't make it out,

1697
01:27:26,775 --> 01:27:31,195
but you almost could have divided that lot in the,

1698
01:27:31,215 --> 01:27:34,915
in theory in theory to what they're doing here.

1699
01:27:35,135 --> 01:27:39,195
But so I don't think in that regard that's an

1700
01:27:39,705 --> 01:27:43,835
overreach in their relief request.

1701
01:27:45,575 --> 01:27:49,515
I'm, I'm just kind of in, in walking in line with

1702
01:27:49,515 --> 01:27:52,355
what you are suggesting

1703
01:27:52,655 --> 01:27:56,835
Mrs. Moore, Mr.

1704
01:27:56,945 --> 01:27:57,945
Trip.

1705
01:27:58,425 --> 01:27:59,835
Well, I actually like the,

1706
01:28:01,335 --> 01:28:03,475
the one acre lot.

1707
01:28:04,075 --> 01:28:08,735
I think it, you know, it's kind of

1708
01:28:09,875 --> 01:28:11,655
is a, an impediment to

1709
01:28:12,315 --> 01:28:15,415
what's gonna happen I think in the future is when everybody

1710
01:28:15,415 --> 01:28:20,175
wants their ADUs, you know, if since it's a one acre lot

1711
01:28:20,475 --> 01:28:23,335
that's gonna make it, you know, the proliferation

1712
01:28:23,335 --> 01:28:25,575
of the ADUs a lot more difficult.

1713
01:28:26,355 --> 01:28:29,855
So if you're looking for a positive, that would be something

1714
01:28:29,855 --> 01:28:31,055
that I would suggest.

1715
01:28:31,525 --> 01:28:33,895
Yeah. Concept I had considered

1716
01:28:35,445 --> 01:28:39,875
reverse engineering. Anything else? I

1717
01:28:39,875 --> 01:28:40,875
Guess Mr.

1718
01:28:40,875 --> 01:28:42,475
Tripp's point does it, is it eliminating

1719
01:28:42,475 --> 01:28:44,435
that if you've now doubled the amount of houses,

1720
01:28:44,585 --> 01:28:46,995
haven't you just created the same scenario as

1721
01:28:46,995 --> 01:28:50,115
what the a d used to only rather than a smaller A DU you've

1722
01:28:50,115 --> 01:28:53,235
now just allowed for a house of the exact same size

1723
01:28:53,845 --> 01:28:55,355
while splitting the property in half.

1724
01:28:59,075 --> 01:29:00,255
Did you follow that Mr Truck?

1725
01:29:00,305 --> 01:29:01,445
Could you say that again please?

1726
01:29:02,265 --> 01:29:04,285
You say that it would, you know, going from the two acres

1727
01:29:04,285 --> 01:29:06,525
to the one acre will eliminate the A DU problem,

1728
01:29:07,145 --> 01:29:10,165
but I look at this as almost the same thing,

1729
01:29:10,275 --> 01:29:14,205
that if you had less lots, even if you put the ADUs on now,

1730
01:29:14,205 --> 01:29:15,645
what's, what's happened is we've,

1731
01:29:16,495 --> 01:29:18,845
we've maximized the lots now you have 12 full,

1732
01:29:18,845 --> 01:29:21,445
full-size houses rather than if you had six houses

1733
01:29:21,515 --> 01:29:23,005
with six smaller ADUs.

1734
01:29:23,315 --> 01:29:26,565
Well, I would, I would much rather have 12 individual

1735
01:29:27,345 --> 01:29:30,605
single family homes than a six

1736
01:29:33,145 --> 01:29:36,445
family homes and, and another six ADUs

1737
01:29:36,445 --> 01:29:41,365
because ADUs had their own bring their own problems to

1738
01:29:42,265 --> 01:29:47,165
the, to the development.

1739
01:29:48,725 --> 01:29:50,775
Okay. I think the last thing that I would just state with,

1740
01:29:50,775 --> 01:29:53,015
and I can kind of feel that I amone wolf, you know,

1741
01:29:53,205 --> 01:29:56,815
when you look at 15, 32, 33, 34, I think part

1742
01:29:56,895 --> 01:29:58,495
of the largest problems I have with this is

1743
01:29:58,495 --> 01:30:01,415
how these properties are completely shaped in the different

1744
01:30:01,415 --> 01:30:02,935
directions from the remain of the street

1745
01:30:03,115 --> 01:30:06,455
and how you now have, is it lot 1535

1746
01:30:07,325 --> 01:30:09,095
with three houses, you know,

1747
01:30:09,095 --> 01:30:11,615
right on its side property line while every other house got

1748
01:30:11,615 --> 01:30:13,855
the required spacing is called out by attorney Germain.

1749
01:30:14,315 --> 01:30:17,255
It does seem that, you know, in order to maximize this,

1750
01:30:17,795 --> 01:30:20,375
we have just skipped one house where the argument was made

1751
01:30:20,375 --> 01:30:22,975
that we now have the proper relief for everyone's neighbors.

1752
01:30:24,195 --> 01:30:26,175
So I I can tell it's just me,

1753
01:30:26,175 --> 01:30:27,735
but I just have a, I just really

1754
01:30:27,735 --> 01:30:28,855
don't like the way it's depicted.

1755
01:30:29,195 --> 01:30:30,935
It does feel that houses have just,

1756
01:30:30,995 --> 01:30:33,455
or properties have just been forced in arbitrarily.

1757
01:30:39,725 --> 01:30:44,615
Okay. Well I I am I find myself, you know,

1758
01:30:44,615 --> 01:30:47,015
it, it appreciating Mr.

1759
01:30:47,165 --> 01:30:48,295
Corbett's commentary,

1760
01:30:49,555 --> 01:30:54,215
but I also remember looking at this a couple of months ago

1761
01:30:54,395 --> 01:30:57,135
and, and identifying the wet area

1762
01:30:57,355 --> 01:31:02,055
and how they had to approach this understanding

1763
01:31:02,285 --> 01:31:06,935
that, that there's an overage if you stick to the,

1764
01:31:07,115 --> 01:31:11,975
the ordinance without the relief, you are

1765
01:31:14,015 --> 01:31:18,855
creating land that could not be used

1766
01:31:19,005 --> 01:31:23,695
with within its reason, identify with Mr.

1767
01:31:23,925 --> 01:31:25,095
Corbett's point.

1768
01:31:25,095 --> 01:31:28,295
However, that the board has been overly criticized

1769
01:31:28,715 --> 01:31:31,255
by its appointing authority sometimes

1770
01:31:33,675 --> 01:31:36,495
for not walking through

1771
01:31:37,675 --> 01:31:40,995
and staying completely identical

1772
01:31:41,255 --> 01:31:44,235
to the town's development regs.

1773
01:31:44,295 --> 01:31:48,235
But our considerations go beyond that

1774
01:31:48,615 --> 01:31:51,355
and understanding perhaps the first case

1775
01:31:51,355 --> 01:31:56,155
that we had this evening and how the, the legislature

1776
01:31:56,155 --> 01:31:59,285
and the state is pressing, taking

1777
01:32:00,375 --> 01:32:01,845
local control away.

1778
01:32:03,225 --> 01:32:05,685
We also know that we're susceptible to,

1779
01:32:08,345 --> 01:32:09,965
to a recall on a vote.

1780
01:32:12,005 --> 01:32:14,465
So I I find that the, you know,

1781
01:32:14,695 --> 01:32:18,825
putting all those points out there, I find that the, the,

1782
01:32:19,085 --> 01:32:23,665
the reasons for the, the design of this

1783
01:32:24,215 --> 01:32:28,385
portion of the development fall within those reasons that,

1784
01:32:28,975 --> 01:32:32,425
that are working by statute and,

1785
01:32:33,365 --> 01:32:35,665
and with the idea that the parcels

1786
01:32:36,325 --> 01:32:38,825
are being adequately utilized.

1787
01:32:38,965 --> 01:32:40,625
And likewise, I I like Mr.

1788
01:32:40,735 --> 01:32:45,025
Tripp's point that the smaller parcels help

1789
01:32:45,135 --> 01:32:48,745
eliminate multi-families being built on the same

1790
01:32:48,745 --> 01:32:51,825
parcel. Let's close.

1791
01:32:51,845 --> 01:32:54,385
But the other thing is, I would suspect that

1792
01:32:56,135 --> 01:33:00,825
when the zoning ordinance is updated this year, they,

1793
01:33:00,825 --> 01:33:04,225
they may change the,

1794
01:33:05,565 --> 01:33:10,025
the MDR to accommodate for parcels

1795
01:33:10,025 --> 01:33:12,145
that have public water now

1796
01:33:12,145 --> 01:33:14,985
because as, as the applicant said, you know,

1797
01:33:15,235 --> 01:33:19,625
there are other zoning districts that the size

1798
01:33:19,645 --> 01:33:24,265
of the lot required is dependent upon whether

1799
01:33:24,265 --> 01:33:26,865
there's public water or, or,

1800
01:33:27,365 --> 01:33:29,905
or public sewage.

1801
01:33:30,095 --> 01:33:33,745
Yeah. You know, so I would, I would hope that the,

1802
01:33:34,365 --> 01:33:38,185
the planning board when they go through the update

1803
01:33:38,605 --> 01:33:43,505
for this is that they would make a change that, you know,

1804
01:33:43,815 --> 01:33:46,865
permits this instead of making it, you know, having,

1805
01:33:46,865 --> 01:33:49,265
having the applicant come to the zoning board.

1806
01:33:50,775 --> 01:33:51,905
Yeah. You know, it's funny

1807
01:33:51,905 --> 01:33:53,985
because the, you know, if you jump ahead

1808
01:33:53,985 --> 01:33:57,625
of five criteria spear the ordinance, the design

1809
01:33:57,765 --> 01:33:59,945
and development regs in the book

1810
01:34:00,495 --> 01:34:04,425
give acceptance in other zones for parcels

1811
01:34:04,425 --> 01:34:07,665
that may have public water versus private water,

1812
01:34:08,165 --> 01:34:10,305
public septic versus private

1813
01:34:10,885 --> 01:34:13,425
or public sewer versus private septic.

1814
01:34:14,005 --> 01:34:17,065
And also when both are utilized, you know,

1815
01:34:17,245 --> 01:34:19,705
it distinguishes the square footage

1816
01:34:20,525 --> 01:34:23,065
that's necessary in those, in those zones.

1817
01:34:23,685 --> 01:34:25,625
So you almost could use that argument in,

1818
01:34:25,685 --> 01:34:27,625
in this regard here as well.

1819
01:34:27,685 --> 01:34:30,945
Yes. Anyway, let's structure a motion

1820
01:34:36,015 --> 01:34:39,385
that subject to obtaining all state

1821
01:34:39,445 --> 01:34:41,265
and town permits and inspections.

1822
01:34:44,065 --> 01:34:45,425
Likewise, we have subject

1823
01:34:45,485 --> 01:34:47,745
to planning board subdivision approval.

1824
01:34:47,925 --> 01:34:50,105
Ms. Owen, are we, did we already pass that?

1825
01:34:50,805 --> 01:34:54,625
No, they have to go back. Correct. I see. Okay.

1826
01:34:57,905 --> 01:35:00,205
Any, any other conditions anybody would want

1827
01:35:00,225 --> 01:35:03,485
to stipulate here before we move this on for a motion?

1828
01:35:05,065 --> 01:35:06,065
Mr. Corbett?

1829
01:35:09,065 --> 01:35:10,065
No, I have nothing further add.

1830
01:35:10,715 --> 01:35:13,485
Okay. All right.

1831
01:35:15,075 --> 01:35:17,565
That being said, if there's no other stipulations

1832
01:35:17,565 --> 01:35:20,565
to the motion, let's take a deliberate motion

1833
01:35:20,625 --> 01:35:21,765
to come outta deliberation.

1834
01:35:22,625 --> 01:35:26,565
So moved. Mr. Robba. I'll second. Thank you.

1835
01:35:26,785 --> 01:35:30,045
All in favor of coming out of deliberation. Say aye. Aye.

1836
01:35:30,185 --> 01:35:30,965
Aye. Any opposed?

1837
01:35:35,185 --> 01:35:38,925
All right. Hearing none, we are out deliberation. Ms.

1838
01:35:38,985 --> 01:35:40,525
Mor, you have a motion to read?

1839
01:35:40,885 --> 01:35:45,525
I do. Thank you. I make a motion on case number 26

1840
01:35:45,795 --> 01:35:50,005
dash 115 to grant a variance to the terms

1841
01:35:50,185 --> 01:35:54,245
of article six, section 1 65

1842
01:35:55,155 --> 01:35:58,405
dash 47 B one of the town

1843
01:35:58,405 --> 01:36:00,205
of dairy zoning ordinance

1844
01:36:00,905 --> 01:36:05,845
to subdivide approximately 16 acres into lots

1845
01:36:05,845 --> 01:36:10,525
with less than the required two acre minimum parcel

1846
01:36:11,105 --> 01:36:15,165
id 1 4 0 1 5 zoned

1847
01:36:15,405 --> 01:36:19,245
LMDR as presented with the following conditions.

1848
01:36:19,825 --> 01:36:23,205
We have two. One subject to obtaining all state

1849
01:36:23,205 --> 01:36:25,085
and town permits and inspections.

1850
01:36:25,505 --> 01:36:29,485
Two. Subject to planning board subdivision approval.

1851
01:36:30,385 --> 01:36:32,205
And that concludes the reading of the motion.

1852
01:36:32,365 --> 01:36:33,365
I need a second,

1853
01:36:34,265 --> 01:36:35,265
Second Mr.

1854
01:36:35,315 --> 01:36:39,365
Trip seconds. The motion puts that on the floor. Mr.

1855
01:36:40,555 --> 01:36:42,725
Corbett, you have a finding of fact for us?

1856
01:36:43,785 --> 01:36:46,685
Yes. Finding of fact for case 26 dash one 15

1857
01:36:47,535 --> 01:36:51,685
heard on June 18th, 2026, the ZBA heard the application

1858
01:36:51,785 --> 01:36:55,925
of Germaine Blaske PA on behalf of J-A-L-L-L-C.

1859
01:36:56,495 --> 01:37:00,685
Concerning the property located at parcel ID 1 4 0 1 5

1860
01:37:01,185 --> 01:37:03,485
notice was provided to the immediate abutters per statute.

1861
01:37:04,105 --> 01:37:06,525
The board received testimony from the applicant

1862
01:37:06,605 --> 01:37:08,725
and legal counsel, town staff,

1863
01:37:11,345 --> 01:37:12,575
sorry, and town staff.

1864
01:37:13,915 --> 01:37:16,135
The applicant is requesting a variance to subdivide,

1865
01:37:16,555 --> 01:37:19,255
approx an approximate 16 acre portion

1866
01:37:19,395 --> 01:37:22,095
of the property into 12 lots, having a minimum

1867
01:37:22,195 --> 01:37:23,255
of one acre each.

1868
01:37:23,955 --> 01:37:26,895
The property is located in a low medium density residential

1869
01:37:26,895 --> 01:37:28,775
zoning district, which requires a minimum

1870
01:37:28,915 --> 01:37:30,015
lot area of two acres.

1871
01:37:31,115 --> 01:37:35,335
Parcel 1 4 0 1 5 consists of approximately 83 acres

1872
01:37:35,435 --> 01:37:37,535
and is part of the ongoing Denali Estates

1873
01:37:37,535 --> 01:37:38,695
residential development project.

1874
01:37:39,395 --> 01:37:40,495
The proposed lot subject

1875
01:37:40,495 --> 01:37:43,135
to this application will be located within an approximately

1876
01:37:43,245 --> 01:37:45,215
16 acre portion of the parcel.

1877
01:37:45,355 --> 01:37:48,655
In phase six, the proposed lots would meet

1878
01:37:48,715 --> 01:37:51,575
or exceed the 150 foot frontage requirement.

1879
01:37:52,435 --> 01:37:54,695
The proposed lots would be serviced by municipal water

1880
01:37:54,695 --> 01:37:55,885
and private septic systems.

1881
01:37:56,505 --> 01:37:58,685
And fire protection in the form of a cistern

1882
01:37:58,685 --> 01:38:00,765
or residential sprinkler system would be required

1883
01:38:01,625 --> 01:38:02,645
if approved by the board.

1884
01:38:02,765 --> 01:38:05,045
A subdivision approval by the planning board will also be

1885
01:38:05,245 --> 01:38:07,485
required board weigh testimony both

1886
01:38:07,505 --> 01:38:08,685
for and against this proposal.

1887
01:38:09,705 --> 01:38:12,325
Now moving into the five criteria, Mr.

1888
01:38:12,425 --> 01:38:14,005
Rob Bimba, do you find

1889
01:38:14,115 --> 01:38:16,645
that the unnecessary hardship is demonstrated

1890
01:38:17,035 --> 01:38:18,485
because the hardship relates

1891
01:38:18,505 --> 01:38:20,605
to the unique characteristics of this property?

1892
01:38:22,445 --> 01:38:25,405
I do find that the applicant has demonstrated that

1893
01:38:26,915 --> 01:38:29,645
observing the ordinances has written

1894
01:38:29,945 --> 01:38:33,205
or result in aue hardship for the reasons

1895
01:38:33,645 --> 01:38:35,805
with clearly stated during deliberation.

1896
01:38:37,615 --> 01:38:39,245
Thank you Mr. Trip.

1897
01:38:42,005 --> 01:38:43,965
I believe there's a hardship in that

1898
01:38:47,585 --> 01:38:50,885
the, the good, the proper use of the land is,

1899
01:38:52,415 --> 01:38:52,925
would be,

1900
01:38:59,495 --> 01:39:00,005
would be

1901
01:39:04,675 --> 01:39:07,955
diminishment of the, of the, the number

1902
01:39:08,295 --> 01:39:11,155
of housing units that are gonna be provided.

1903
01:39:11,735 --> 01:39:15,835
You know, I know that this is something that has been

1904
01:39:17,545 --> 01:39:22,275
discussed deeply at the State House

1905
01:39:22,815 --> 01:39:27,315
and that, you know, the, the housing market

1906
01:39:27,975 --> 01:39:32,715
or the number of units that are available in the state

1907
01:39:33,805 --> 01:39:36,235
needs to be increased to me significantly.

1908
01:39:37,315 --> 01:39:41,515
I I think that this is an opportunity to make better use

1909
01:39:41,515 --> 01:39:45,315
of the property in this development.

1910
01:39:48,285 --> 01:39:51,235
Thank you Ms. Moore. I do agree with

1911
01:39:51,235 --> 01:39:52,555
what has been stated.

1912
01:39:52,865 --> 01:39:56,115
They, I also believe that there is a hardship with

1913
01:39:57,655 --> 01:39:59,515
the wetlands that they have to,

1914
01:39:59,825 --> 01:40:02,275
they're basically at the mercy of to work with.

1915
01:40:06,775 --> 01:40:09,945
Okay, Mr. Chair? Yeah, I find that the hardship exists,

1916
01:40:11,855 --> 01:40:16,705
this allows maximum usage of the, of the

1917
01:40:17,295 --> 01:40:20,425
acreage without land locking any of the parcels.

1918
01:40:24,325 --> 01:40:26,425
And I do not feel the hardship has been met.

1919
01:40:26,505 --> 01:40:27,705
I feel that there are other options

1920
01:40:28,175 --> 01:40:32,025
that would not result in 12 lots that would require

1921
01:40:33,445 --> 01:40:34,585
not meeting the requirements.

1922
01:40:37,225 --> 01:40:39,665
Mr. Omba, do you find that this is not contrary

1923
01:40:39,665 --> 01:40:40,705
to the public interest?

1924
01:40:42,825 --> 01:40:43,945
I do. I find

1925
01:40:47,975 --> 01:40:52,265
that this meets or exceeds public interest.

1926
01:40:52,765 --> 01:40:56,325
It, it develops a news a lot

1927
01:40:57,355 --> 01:40:58,805
looking at the testimony

1928
01:40:58,945 --> 01:41:00,725
and the evidence in our pockets

1929
01:41:03,915 --> 01:41:08,685
arrangement of, of the roads to do limited

1930
01:41:08,825 --> 01:41:12,605
or minimum impact to the wetland preserves

1931
01:41:13,515 --> 01:41:15,565
that full cut of that neighborhood

1932
01:41:15,745 --> 01:41:17,565
and serves public interest.

1933
01:41:18,935 --> 01:41:20,205
Thank you Mr. Trip.

1934
01:41:21,725 --> 01:41:24,405
I, I believe

1935
01:41:24,405 --> 01:41:27,365
that the developers forward thinking to

1936
01:41:30,035 --> 01:41:34,325
have public water supplied to this area

1937
01:41:35,315 --> 01:41:39,725
permits the lot

1938
01:41:39,945 --> 01:41:42,765
to be subdivided into a greater number.

1939
01:41:43,945 --> 01:41:46,165
And as I've said earlier, that

1940
01:41:48,355 --> 01:41:51,605
housing is something that is, you know,

1941
01:41:51,985 --> 01:41:56,485
the state has been looking at in, in great depth

1942
01:41:56,785 --> 01:41:59,925
and how they're going to increase the housing so that

1943
01:42:01,625 --> 01:42:02,205
we can have

1944
01:42:06,765 --> 01:42:10,605
a better, well there's just a lot of things

1945
01:42:10,605 --> 01:42:12,045
that we need housing for.

1946
01:42:12,705 --> 01:42:14,325
So I would say yes.

1947
01:42:16,535 --> 01:42:17,605
Thank you Ms. Moore.

1948
01:42:18,605 --> 01:42:22,365
I feel that the variance will not be contrary to the

1949
01:42:23,025 --> 01:42:26,285
public because it meets all the other requirements

1950
01:42:27,425 --> 01:42:28,605
of the zoning ordinance.

1951
01:42:32,835 --> 01:42:35,665
Thank you Mr. Sheriff.

1952
01:42:35,975 --> 01:42:38,185
Yeah, I find there's no gain to the public in,

1953
01:42:38,405 --> 01:42:39,425
in denial of this.

1954
01:42:39,445 --> 01:42:42,545
And so I think public interest is, is affirmed.

1955
01:42:45,525 --> 01:42:49,265
All right. And while I do not like the layout of three,

1956
01:42:49,365 --> 01:42:52,665
as I mentioned as Mr. Perkins stated,

1957
01:42:52,785 --> 01:42:55,265
I don't think there would be a gain here necessarily

1958
01:42:56,005 --> 01:42:57,185
to the greater public interest.

1959
01:42:57,305 --> 01:42:58,865
I don't necessarily think that's contrary.

1960
01:43:07,165 --> 01:43:09,585
Mr. Omba, do you find that this is consistent

1961
01:43:09,585 --> 01:43:10,705
with the spirit of the ordinance?

1962
01:43:11,625 --> 01:43:13,985
I do find that this is consistent with the spirit

1963
01:43:14,005 --> 01:43:18,745
of the ordinance, looking at all the neighboring

1964
01:43:19,315 --> 01:43:23,665
zones that require even smaller lots

1965
01:43:23,865 --> 01:43:27,825
'cause they're serviced by municipal water and and sewer.

1966
01:43:30,635 --> 01:43:34,705
We've seen, I think DES allows

1967
01:43:34,765 --> 01:43:35,825
for lot sizes

1968
01:43:35,825 --> 01:43:38,985
to be reduced if the town serves them with water.

1969
01:43:39,485 --> 01:43:43,905
So yes, I do believe that

1970
01:43:44,965 --> 01:43:47,025
the spirit of this ordinance is observed

1971
01:43:47,205 --> 01:43:51,025
and granting this variance does not violate any,

1972
01:43:51,145 --> 01:43:54,325
any provisions of that or ev of that ordinance.

1973
01:43:54,645 --> 01:43:56,365
We still promote health, safety

1974
01:43:56,585 --> 01:43:58,805
and general welfare for this community.

1975
01:44:00,495 --> 01:44:01,605
Thank you Mr. Trip.

1976
01:44:04,145 --> 01:44:07,725
As the applicant spoke to during his presentation,

1977
01:44:08,395 --> 01:44:12,045
he's a reason for the two acre minimum

1978
01:44:13,625 --> 01:44:16,925
was primarily to accommodate

1979
01:44:17,765 --> 01:44:20,245
well in addition to the, the septics

1980
01:44:20,825 --> 01:44:25,725
for each individual lot by providing public water

1981
01:44:25,785 --> 01:44:29,965
to the lots that eliminates the rationale for the,

1982
01:44:30,105 --> 01:44:31,165
the second acre.

1983
01:44:33,125 --> 01:44:36,365
I believe that given that, that the spirit

1984
01:44:36,365 --> 01:44:37,325
of the ordinance is

1985
01:44:38,815 --> 01:44:41,885
definitely supported.

1986
01:44:45,085 --> 01:44:48,915
Thank you Ms. Moore. I feel they've met the criteria

1987
01:44:49,255 --> 01:44:51,795
to keep within the spirit of the ordinance.

1988
01:44:53,215 --> 01:44:55,475
It also still has planning board approval.

1989
01:44:55,655 --> 01:44:58,195
So if they want to change it to

1990
01:44:58,735 --> 01:45:00,675
fit more in their opinion,

1991
01:45:00,705 --> 01:45:02,315
there's still that option as well.

1992
01:45:03,375 --> 01:45:05,795
But I do feel they've met the criteria area.

1993
01:45:08,225 --> 01:45:09,615
Thank you. And Mr. Perkins?

1994
01:45:09,795 --> 01:45:11,695
I'm comfortable with the spirit of the ordinance

1995
01:45:12,445 --> 01:45:14,335
just outlining the frontages

1996
01:45:15,555 --> 01:45:18,335
and the intentions of the development regulations.

1997
01:45:20,265 --> 01:45:22,935
Right. I do not feel that it would be consistent

1998
01:45:22,935 --> 01:45:24,055
with the spear of the ordinance.

1999
01:45:24,155 --> 01:45:28,015
You know, while it was noted that perhaps over a period

2000
01:45:28,035 --> 01:45:30,615
of 10 years that this should have been revisited while water

2001
01:45:30,635 --> 01:45:33,295
has come in, you know, to me that's 10 years

2002
01:45:33,295 --> 01:45:35,095
where it has not been revisited while

2003
01:45:35,095 --> 01:45:36,135
the option has been on the table.

2004
01:45:36,575 --> 01:45:41,335
I think that while there's consideration to making a change,

2005
01:45:41,605 --> 01:45:44,375
that until that happens, that right now it is directly

2006
01:45:44,375 --> 01:45:45,575
against the spirit of the ordinance.

2007
01:45:45,635 --> 01:45:50,345
So I'm a no. Mr.

2008
01:45:50,665 --> 01:45:53,265
Bumba, do you find that substantial justice would be served

2009
01:45:53,325 --> 01:45:54,785
by denying this variance request?

2010
01:45:57,305 --> 01:46:02,265
I believe that denying this request will not give any

2011
01:46:03,125 --> 01:46:05,825
of the dairy public any gains.

2012
01:46:09,755 --> 01:46:12,875
The application has proven that

2013
01:46:15,815 --> 01:46:16,985
it's a reasonable use.

2014
01:46:17,725 --> 01:46:20,705
The board has deliberated and seen those factors.

2015
01:46:20,895 --> 01:46:24,905
It's making a very good use of a unique

2016
01:46:25,935 --> 01:46:30,785
land configuration, avoiding wetlands promoting safety

2017
01:46:31,125 --> 01:46:35,305
by, you know, adhering to the frontage requirements

2018
01:46:35,935 --> 01:46:40,705
denying this does not grant the public an injustice.

2019
01:46:41,045 --> 01:46:43,985
So I believe substantial justice will be done if

2020
01:46:43,985 --> 01:46:45,105
we grant this variance.

2021
01:46:47,275 --> 01:46:50,085
Thank you. Mr. Trump. I believe

2022
01:46:50,085 --> 01:46:52,405
that denying the variance will provide

2023
01:46:52,465 --> 01:46:53,525
no gain to the public.

2024
01:46:59,555 --> 01:47:02,415
Ms. Moore, do you feel that a substantial justice

2025
01:47:03,515 --> 01:47:05,335
be served by denying this variance?

2026
01:47:06,435 --> 01:47:08,215
By denying the variance

2027
01:47:08,555 --> 01:47:12,615
and forcing the two acre zoning provision,

2028
01:47:13,485 --> 01:47:15,215
it's not benefiting anybody

2029
01:47:15,515 --> 01:47:18,095
and leaving homeowners with unusable land,

2030
01:47:21,315 --> 01:47:22,415
Ms. Perkins? Yeah,

2031
01:47:22,415 --> 01:47:25,055
I think substantial justice has been served here.

2032
01:47:25,165 --> 01:47:29,615
It's fair regarding especially considering the,

2033
01:47:29,875 --> 01:47:30,655
the abutting

2034
01:47:32,615 --> 01:47:36,245
zoning district.

2035
01:47:39,355 --> 01:47:42,245
Okay, thank you. The reasons that I've stated

2036
01:47:42,245 --> 01:47:44,965
before, I feel the 12 watts requiring a

2037
01:47:45,085 --> 01:47:46,725
variance is not reasonable.

2038
01:47:46,765 --> 01:47:50,005
I feel that moves into excessive us for that reason.

2039
01:47:50,365 --> 01:47:54,445
I do not believe or I do not agree

2040
01:47:54,445 --> 01:47:57,685
that substantial justice would be,

2041
01:47:57,785 --> 01:47:59,485
or sorry, I do believe

2042
01:47:59,485 --> 01:48:01,245
that substantial justice we serve by denying it.

2043
01:48:01,645 --> 01:48:04,685
I believe we could find a more be beneficial use.

2044
01:48:05,785 --> 01:48:07,445
But lastly, Mr.

2045
01:48:07,725 --> 01:48:08,725
Bumba, do you find

2046
01:48:08,725 --> 01:48:10,645
that the applicant has adequately demonstrated

2047
01:48:10,645 --> 01:48:12,845
that the surrounding property values will not be diminished?

2048
01:48:14,195 --> 01:48:16,245
It's a brand new development.

2049
01:48:16,695 --> 01:48:20,405
We've had testimony over the years we've seen it ourselves

2050
01:48:20,405 --> 01:48:25,045
that getting brand new properties developed,

2051
01:48:26,845 --> 01:48:30,365
increase general increases values of surrounding properties.

2052
01:48:30,465 --> 01:48:33,445
So I do believe that the values

2053
01:48:33,625 --> 01:48:35,205
of the surrounding properties,

2054
01:48:36,315 --> 01:48:39,525
some which still under constructions will be increased.

2055
01:48:41,775 --> 01:48:42,965
Thank you Mr. Trip.

2056
01:48:44,325 --> 01:48:47,885
I believe that by permitting

2057
01:48:49,545 --> 01:48:52,205
one acre lots that the,

2058
01:48:53,625 --> 01:48:55,205
the properties will be much more

2059
01:49:01,025 --> 01:49:01,445
useful.

2060
01:49:02,515 --> 01:49:07,045
That the, the, the, the values for the, the costs

2061
01:49:07,065 --> 01:49:11,645
for these lots will be significantly less than the six lots

2062
01:49:11,645 --> 01:49:16,365
that are are of the two acre dimensions.

2063
01:49:20,965 --> 01:49:24,515
Thank you Ms. Moore. I feel that the values

2064
01:49:24,655 --> 01:49:27,435
of the surrounding properties are not diminished

2065
01:49:27,435 --> 01:49:30,795
because where it is a new development

2066
01:49:31,055 --> 01:49:35,355
and for the properties themselves, town water on that

2067
01:49:36,225 --> 01:49:40,075
side of town is rare and definitely a benefit.

2068
01:49:42,535 --> 01:49:44,755
Mr. Perkins? Yeah, I don't find

2069
01:49:44,755 --> 01:49:47,285
that there's any diminuation of property value.

2070
01:49:47,355 --> 01:49:49,045
It's within the board's authority to have

2071
01:49:49,045 --> 01:49:51,765
that determination even when presented

2072
01:49:51,865 --> 01:49:54,685
by professionals related to those industries.

2073
01:49:57,065 --> 01:49:58,245
And I'd agree with everybody.

2074
01:49:58,605 --> 01:49:59,925
Well I think, you know, you could argue

2075
01:49:59,955 --> 01:50:02,765
that you lose some value going from two acres a one acre.

2076
01:50:02,845 --> 01:50:06,525
I think even my, you know, proposed solutions don't do that.

2077
01:50:06,625 --> 01:50:08,765
But overall it's gonna be the houses

2078
01:50:08,865 --> 01:50:09,965
and this development that's

2079
01:50:09,965 --> 01:50:11,125
gonna increase the property value.

2080
01:50:11,245 --> 01:50:14,045
I don't think going from going down to one acre is going

2081
01:50:14,045 --> 01:50:15,205
to negatively impact that.

2082
01:50:17,195 --> 01:50:18,635
That concludes the finding of fact.

2083
01:50:18,915 --> 01:50:20,955
Does anybody have any additions or addendums to make

2084
01:50:22,415 --> 01:50:23,595
Seeing no gestures?

2085
01:50:23,855 --> 01:50:26,915
All in favor of moving this for vote? Say aye. Aye. Aye.

2086
01:50:27,135 --> 01:50:28,675
Any opposed? Mr. Corbe?

2087
01:50:29,715 --> 01:50:33,275
I will vote. No reasons for the hardship primarily.

2088
01:50:33,975 --> 01:50:38,555
Mrs. Moore chair vote yes. Mr. Trip? I vote yes. Mr. Omba?

2089
01:50:38,675 --> 01:50:42,715
I vote yes. Mr. Chair will make it four to one.

2090
01:50:43,175 --> 01:50:45,435
Congratulations gentlemen. You've been approved.

2091
01:50:45,785 --> 01:50:47,835
Anybody agreed by this as 30 days?

2092
01:50:47,935 --> 01:50:50,995
Ask this board for reconsideration. Have a good evening.

2093
01:50:55,545 --> 01:50:58,715
Next up is case number 26 dash hundred 16.

2094
01:50:58,945 --> 01:51:00,755
Kill Duff Realty Trust.

2095
01:51:06,225 --> 01:51:07,955
Have an hour. You wanna see if

2096
01:51:10,815 --> 01:51:12,035
No, let's see if we can

2097
01:51:12,095 --> 01:51:16,075
get, hang on a second.

2098
01:51:17,705 --> 01:51:21,475
Case number 26 dash one nine Pinkerton Academy.

2099
01:51:23,255 --> 01:51:27,635
You folks here, did you leave? Nope. Okay.

2100
01:51:29,155 --> 01:51:32,955
Alright, well I'll go ahead and present. You're Mr. Kilduff.

2101
01:51:34,025 --> 01:51:36,675
Yeah. So Mr. Chair, my name is Brandon Wilson.

2102
01:51:37,055 --> 01:51:39,235
I'm an associate landscape architect

2103
01:51:39,235 --> 01:51:41,155
with the firm Terrain Planning and Design.

2104
01:51:41,175 --> 01:51:44,075
And I'll be representing the kil uss in this matter.

2105
01:51:45,905 --> 01:51:48,755
Okay, so we ask that you read the app,

2106
01:51:48,975 --> 01:51:51,155
the application face page

2107
01:51:51,175 --> 01:51:54,275
and the five criteria first deviated that from

2108
01:51:54,275 --> 01:51:56,235
that in the last case accidentally.

2109
01:51:56,335 --> 01:52:00,275
But we try to get the five criteria in and down

2110
01:52:00,335 --> 01:52:01,595
before you proceed.

2111
01:52:02,335 --> 01:52:05,595
Do that for us and then you can have the latitude you need.

2112
01:52:06,495 --> 01:52:09,915
Yes. So the proposal is to construct a new house

2113
01:52:11,265 --> 01:52:14,675
with encroachment into the front and side property lines.

2114
01:52:16,295 --> 01:52:18,875
We believe that the variance will not be contrary

2115
01:52:18,875 --> 01:52:19,995
to the public interests

2116
01:52:19,995 --> 01:52:22,595
because it's in the public interest to allow property owners

2117
01:52:22,695 --> 01:52:26,355
to reasonably and responsibly develop their properties in

2118
01:52:26,355 --> 01:52:29,155
alignment with the goals and intent of the zoning ordinance.

2119
01:52:29,155 --> 01:52:32,755
As guided by the master plan, the proposed use is

2120
01:52:32,755 --> 01:52:36,195
to add housing within a residential zone, promoting dairy

2121
01:52:36,215 --> 01:52:38,955
as a place to live, which is master plan goal number four.

2122
01:52:39,535 --> 01:52:41,835
The proposed house includes specific elements

2123
01:52:41,835 --> 01:52:45,115
to allow the owners to ultimately age in place aligning

2124
01:52:45,205 --> 01:52:47,765
with master plan Objective number 4.3.

2125
01:52:48,725 --> 01:52:51,165
Additionally, the proposal provides adequate off street

2126
01:52:51,165 --> 01:52:53,085
parking via an attached garage.

2127
01:52:53,435 --> 01:52:57,445
Despite the spa lot size, the spirit

2128
01:52:57,505 --> 01:52:58,925
of the ordinance is observed

2129
01:52:58,925 --> 01:53:00,525
because the essential characteristics

2130
01:53:00,525 --> 01:53:02,045
of the neighborhood are maintained.

2131
01:53:03,445 --> 01:53:06,125
Additionally, the proposed building area

2132
01:53:06,955 --> 01:53:10,925
precisely 1,752 square feet

2133
01:53:11,505 --> 01:53:14,765
is less than what would be allowed under dairy zoning,

2134
01:53:14,775 --> 01:53:16,205
which is limited by the size

2135
01:53:16,205 --> 01:53:21,165
of the side yards in this case 1,933 square feet

2136
01:53:21,185 --> 01:53:22,605
of allowed coverage.

2137
01:53:23,235 --> 01:53:25,085
Effectively we have to comply

2138
01:53:25,115 --> 01:53:29,365
with the Shoreland Water Quality Protection Act imposed

2139
01:53:29,385 --> 01:53:32,885
by the state because this property is within 250 feet

2140
01:53:32,885 --> 01:53:34,885
of a public water, in this case Beaver Lake.

2141
01:53:35,145 --> 01:53:37,285
And so we have to keep the whole house outside

2142
01:53:37,425 --> 01:53:41,085
of the 50 foot setback from the lake that pushes

2143
01:53:42,035 --> 01:53:45,085
effectively coverage into the front and side yards.

2144
01:53:46,505 --> 01:53:49,045
We believe that substantial justice is done

2145
01:53:49,045 --> 01:53:51,925
because granting the variance allows reasonable use

2146
01:53:51,985 --> 01:53:53,605
of the property in a manner

2147
01:53:53,605 --> 01:53:55,565
that maintains the existing character in the neighborhood.

2148
01:53:56,605 --> 01:53:59,925
The proposed site shares many design elements common

2149
01:53:59,985 --> 01:54:02,605
to the lakefront residential style of the neighborhood.

2150
01:54:03,275 --> 01:54:06,365
That is to say off street parking along the roadside

2151
01:54:06,635 --> 01:54:10,085
with the lakeside having outdoor living areas

2152
01:54:10,265 --> 01:54:13,085
and a walkout lower level that responds appropriately

2153
01:54:13,145 --> 01:54:14,485
to the surrounding topography.

2154
01:54:15,145 --> 01:54:17,125
The stormwater management improvements guided

2155
01:54:17,185 --> 01:54:21,805
by the S-W-Q-P-A rules result in enhanced lake protections

2156
01:54:21,865 --> 01:54:25,565
for water quality, aligning with master plan objective 1.5

2157
01:54:25,705 --> 01:54:28,285
to protect and promote the town's natural resources.

2158
01:54:29,665 --> 01:54:32,325
The values of surrounding properties will not be diminished

2159
01:54:32,325 --> 01:54:34,965
because the proposed structures represent an aesthetic

2160
01:54:34,965 --> 01:54:37,885
improvement to the property which is currently vacant.

2161
01:54:38,015 --> 01:54:40,325
There are no buildings on the property at all.

2162
01:54:40,825 --> 01:54:43,045
We believe the proposed house will not create

2163
01:54:43,085 --> 01:54:44,485
overcrowding in the neighborhood.

2164
01:54:45,425 --> 01:54:48,325
The proposed house is set back a similar distance from the

2165
01:54:48,325 --> 01:54:51,805
road when compared to other houses along Coles Grove Road.

2166
01:54:52,025 --> 01:54:53,965
And it's greater than 50 feet from the lake.

2167
01:54:54,105 --> 01:54:57,365
So it will not screen abutting properties views out over the

2168
01:54:57,385 --> 01:55:00,205
waters to the north of the property.

2169
01:55:00,205 --> 01:55:02,885
There is a deeded lake access right of way

2170
01:55:03,585 --> 01:55:06,565
and that preserves open space to the adjoining lot.

2171
01:55:06,705 --> 01:55:08,525
10 on the other side of the right of way.

2172
01:55:09,155 --> 01:55:11,485
This is the only property along the street

2173
01:55:11,485 --> 01:55:13,845
that we would say has significant kind of areas

2174
01:55:13,945 --> 01:55:16,605
of open space or or yard within the lot.

2175
01:55:16,955 --> 01:55:18,565
Most of the parcels have houses

2176
01:55:18,675 --> 01:55:20,285
that are relatively close together

2177
01:55:20,845 --> 01:55:23,525
with many also having side yard encroachment.

2178
01:55:24,265 --> 01:55:26,325
The proposed house in sight are thus in keeping

2179
01:55:26,325 --> 01:55:27,925
with the character of the surrounding neighborhood.

2180
01:55:28,385 --> 01:55:30,125
The attractive and useful nature

2181
01:55:30,145 --> 01:55:32,165
of the proposed improvements will

2182
01:55:32,165 --> 01:55:35,925
therefore result in no no dmu diminuation

2183
01:55:35,945 --> 01:55:37,325
of the surrounding property values.

2184
01:55:38,925 --> 01:55:42,525
Criteria number five. Literal enforcement of the provisions

2185
01:55:42,525 --> 01:55:45,645
of the ordinance would result in an unnecessary hardship

2186
01:55:45,675 --> 01:55:49,245
because the subject parcel is substantially deficient in lot

2187
01:55:49,245 --> 01:55:52,405
area only has 0.15 acres

2188
01:55:52,415 --> 01:55:55,085
where one is required in the MDR zone

2189
01:55:55,545 --> 01:55:56,685
and more particularly,

2190
01:55:56,825 --> 01:56:01,005
it is substantially deficient in lot width to a degree

2191
01:56:01,005 --> 01:56:02,925
that's not common to the neighborhood.

2192
01:56:03,105 --> 01:56:06,925
It has only 50 feet where 125 is required

2193
01:56:06,985 --> 01:56:08,845
and the majority of lots along the road

2194
01:56:08,875 --> 01:56:10,045
have at least a hundred.

2195
01:56:11,585 --> 01:56:16,285
In combined with this 50 foot setback from the lake, 48%

2196
01:56:16,285 --> 01:56:18,725
of the buildable area within the property is

2197
01:56:19,605 --> 01:56:21,685
prohibited from having the primary structure on it

2198
01:56:21,685 --> 01:56:23,205
because it's too close to the lake.

2199
01:56:23,745 --> 01:56:26,965
And so the need to locate the new house in conformance

2200
01:56:26,965 --> 01:56:31,805
with this state imposed setback provides a hardship

2201
01:56:31,805 --> 01:56:33,645
that relates specifically to the land

2202
01:56:33,665 --> 01:56:37,845
and the, this specific parcel, the,

2203
01:56:38,225 --> 01:56:40,565
if the board were to uphold the minimum front

2204
01:56:40,585 --> 01:56:41,765
and side yard depths,

2205
01:56:41,995 --> 01:56:44,485
that unnecessarily limits the buildable area

2206
01:56:44,545 --> 01:56:46,645
of this lot when compared to its neighbors.

2207
01:56:47,245 --> 01:56:49,005
For the second part of criteria five,

2208
01:56:49,065 --> 01:56:50,645
the proposed use is reasonable

2209
01:56:50,945 --> 01:56:53,205
as a single family detached dwellings are permitted.

2210
01:56:53,205 --> 01:56:56,005
And in fact the primary use in the MDR district,

2211
01:56:57,145 --> 01:56:59,445
we view this proposal as a win-win.

2212
01:56:59,665 --> 01:57:03,325
The town has receives code compliant new construction

2213
01:57:03,505 --> 01:57:05,365
to increase the town's housing stock.

2214
01:57:06,145 --> 01:57:08,805
The site will also provide water quality benefits in

2215
01:57:08,805 --> 01:57:11,285
keeping, in keeping with the other goals of the master plan.

2216
01:57:11,465 --> 01:57:14,005
And the applicant gets a house that is prepared for them

2217
01:57:14,005 --> 01:57:16,365
to inhabit long term whatever may come.

2218
01:57:17,705 --> 01:57:19,245
So I do have the full size

2219
01:57:19,245 --> 01:57:20,565
plans here with some highlighting.

2220
01:57:20,685 --> 01:57:23,485
I can briefly discuss those if you'd like for the benefit

2221
01:57:23,585 --> 01:57:24,805
of the members of the public.

2222
01:57:34,585 --> 01:57:38,685
I'm reviewing the plans right now, so just bear with us.

2223
01:57:39,115 --> 01:57:41,605
Okay. Anybody have any questions in the interim

2224
01:57:43,845 --> 01:57:44,925
directed at the application?

2225
01:57:45,145 --> 01:57:49,765
Mr. Donlin? Not at this time. Mr. Chair. Mr. Henry?

2226
01:57:50,905 --> 01:57:53,285
I'm all set. Thank you. Going all the

2227
01:57:53,285 --> 01:57:54,365
way down to my far right.

2228
01:57:54,545 --> 01:57:56,405
Mr. Ani.

2229
01:57:57,525 --> 01:57:58,725
I do actually have a question.

2230
01:58:00,825 --> 01:58:02,645
If you didn't get the variances,

2231
01:58:02,755 --> 01:58:05,405
what would be the dimensions that you'd be left with?

2232
01:58:07,025 --> 01:58:10,645
So the house, the lot is 50 feet wide.

2233
01:58:11,345 --> 01:58:16,045
So 15 feet side yard setback on either side would leave us

2234
01:58:16,045 --> 01:58:17,125
20 feet of width.

2235
01:58:19,225 --> 01:58:23,245
In terms of the depth might be useful

2236
01:58:23,265 --> 01:58:24,525
to point it out on the plan.

2237
01:58:48,785 --> 01:58:50,325
Mr. Do we have a camera

2238
01:58:50,395 --> 01:58:52,445
that can focus on that across the room?

2239
01:58:53,425 --> 01:58:53,645
Yes.

2240
01:59:01,615 --> 01:59:03,925
Would you like to bring that up on screen? I'm sorry?

2241
01:59:04,215 --> 01:59:06,565
You'd like to bring that up on screen? Yes, please. Okay.

2242
01:59:10,095 --> 01:59:12,005
There we go. Nice. Thank you.

2243
01:59:12,345 --> 01:59:14,645
All right. So the purple highlighting

2244
01:59:15,025 --> 01:59:17,045
Is shown on the property lines

2245
01:59:18,745 --> 01:59:20,045
To the south to the north.

2246
01:59:21,505 --> 01:59:24,965
The blue highlighting is the edge of the lake as well

2247
01:59:24,965 --> 01:59:27,885
as the state imposed setbacks,

2248
01:59:27,885 --> 01:59:30,365
particular distances rel related to the lake.

2249
01:59:30,705 --> 01:59:33,885
The first one is at 20 feet. The applicable one to Mr.

2250
01:59:35,105 --> 01:59:37,485
Dani's question is the 50 foot setback

2251
01:59:37,915 --> 01:59:40,965
that is all primary structures, your house, et cetera,

2252
01:59:41,395 --> 01:59:43,765
must be a minimum of 50 feet from the lake.

2253
01:59:44,625 --> 01:59:49,185
And then the setback that's related

2254
01:59:49,365 --> 01:59:52,225
to distance from the street in this case would be the dairy

2255
01:59:52,755 --> 01:59:54,825
front yard, 35 foot setback.

2256
01:59:55,205 --> 01:59:59,665
So your actual buildable area is from this corner here to

2257
01:59:59,665 --> 02:00:03,265
that corner here to here

2258
02:00:04,245 --> 02:00:08,345
on the southerly part it's about 40 feet.

2259
02:00:08,765 --> 02:00:11,345
On the northerly part it's about 60,

2260
02:00:11,685 --> 02:00:14,825
but again the, the strong limiting factor is only about 20

2261
02:00:15,055 --> 02:00:17,745
feet of width throughout that rectangle.

2262
02:00:21,835 --> 02:00:23,825
Thank you. And then I have a question, Ms. Owen,

2263
02:00:23,975 --> 02:00:26,785
what was the, when was this lot developed?

2264
02:00:26,935 --> 02:00:27,935
What

2265
02:00:30,585 --> 02:00:35,425
I can let you know momentarily this lot did house a a,

2266
02:00:35,645 --> 02:00:37,785
it had a previous single family residence

2267
02:00:37,785 --> 02:00:39,425
that was demolished in 2017.

2268
02:00:41,725 --> 02:00:43,545
I'm looking at assessing records

2269
02:00:46,405 --> 02:00:48,905
If you'd like to go right through your staff report now,

2270
02:00:48,965 --> 02:00:50,345
Ms. Owen, you're welcome to.

2271
02:00:51,115 --> 02:00:55,585
Thank you. I'll start with the staff report.

2272
02:00:55,725 --> 02:00:58,865
So as the applicant stated, they're requesting a variance

2273
02:00:58,865 --> 02:01:01,985
to allow construction of a new single family home on a lot

2274
02:01:03,485 --> 02:01:07,105
that's located approximately 23.8 feet from the front

2275
02:01:07,465 --> 02:01:11,825
property lane, 8.4 feet from to the north side property line

2276
02:01:11,825 --> 02:01:14,905
and 6.9 feet to the south side property line.

2277
02:01:15,205 --> 02:01:17,745
The property is located in the medium density residential

2278
02:01:18,065 --> 02:01:21,265
district, which requires a 35 foot front setback from the

2279
02:01:21,265 --> 02:01:23,185
front property line and 15 feet from

2280
02:01:23,365 --> 02:01:24,585
the side property lines.

2281
02:01:24,585 --> 02:01:26,665
Therefore, the variance is being requested this evening.

2282
02:01:27,535 --> 02:01:30,265
This is a pre-existing non-conforming lot of record

2283
02:01:31,025 --> 02:01:33,265
with respect to the lot area and the frontage.

2284
02:01:33,805 --> 02:01:36,425
The property has remained vacant since 2017

2285
02:01:36,475 --> 02:01:39,405
after the previous single family dwelling was removed.

2286
02:01:40,065 --> 02:01:42,725
The property is located along the waterfront of Beaver Lake

2287
02:01:42,725 --> 02:01:46,445
and is located in an area of pre-existing non-conforming,

2288
02:01:46,495 --> 02:01:49,245
small lots of record and non-conforming structures.

2289
02:01:49,905 --> 02:01:52,125
The property is serviced by municipal sewer

2290
02:01:52,345 --> 02:01:55,965
and private well an approved state shoreland permit has been

2291
02:01:55,965 --> 02:01:58,685
issued through New Hampshire DES as well.

2292
02:02:00,185 --> 02:02:02,045
If approved appropriate permits

2293
02:02:02,045 --> 02:02:03,605
and inspections will be required.

2294
02:02:04,065 --> 02:02:07,085
And if approved, a flood elevation certificate will

2295
02:02:07,085 --> 02:02:08,245
be required as well.

2296
02:02:09,165 --> 02:02:10,645
And there are pictures on file.

2297
02:02:16,145 --> 02:02:18,405
I'm not quickly finding the,

2298
02:02:20,455 --> 02:02:21,365
looks like maybe

2299
02:02:28,745 --> 02:02:30,725
the assessing records are pretty blank right now

2300
02:02:30,955 --> 02:02:32,005
because it's vacant.

2301
02:02:32,225 --> 02:02:32,445
So

2302
02:02:42,625 --> 02:02:45,245
the property was originally purchased in 1997,

2303
02:02:45,345 --> 02:02:47,965
but I'm not finding a lot in here to be honest with you,

2304
02:02:48,915 --> 02:02:50,125
when it was originally created.

2305
02:02:51,115 --> 02:02:55,285
Okay, thank you. But it goes back quite a ways.

2306
02:02:55,745 --> 02:02:56,965
Yes, Absolutely.

2307
02:02:57,125 --> 02:03:01,045
I think Chief Shado might have had some

2308
02:03:01,795 --> 02:03:03,045
something to do with this.

2309
02:03:03,225 --> 02:03:04,225
I'm not sure

2310
02:03:06,485 --> 02:03:07,485
Mr.

2311
02:03:07,485 --> 02:03:09,725
Chair may make a follow up comment related to the history as

2312
02:03:09,775 --> 02:03:11,605
Chief Shado. Yeah,

2313
02:03:11,985 --> 02:03:13,445
Not quite that far Back. Okay,

2314
02:03:14,115 --> 02:03:15,115
Sure.

2315
02:03:15,115 --> 02:03:19,245
We have the, if we could show this plan again,

2316
02:03:20,305 --> 02:03:23,725
we have a little inset here that shows the dimensions

2317
02:03:23,905 --> 02:03:26,605
of the previous existing house that was removed.

2318
02:03:26,605 --> 02:03:28,125
That's the portion on the bottom

2319
02:03:28,705 --> 02:03:31,085
in the heavy dash line in the black.

2320
02:03:35,435 --> 02:03:38,175
So you see for the design of the new proposed home,

2321
02:03:38,465 --> 02:03:40,015
we've taken our sort

2322
02:03:40,015 --> 02:03:42,255
of strong queue from what was there before.

2323
02:03:42,715 --> 02:03:44,895
We have in fact moved it further back

2324
02:03:45,845 --> 02:03:47,255
from the road by about a foot.

2325
02:03:48,075 --> 02:03:48,575
And then

2326
02:03:53,535 --> 02:03:56,095
what we've done is tried to be sensitive as closely

2327
02:03:56,195 --> 02:03:59,495
as possible to the spirit of the ordinance while you notice

2328
02:03:59,495 --> 02:04:02,455
that the house has effectively its steps back.

2329
02:04:03,075 --> 02:04:04,215
And you notice that the portion

2330
02:04:04,245 --> 02:04:06,295
that continues towards the lake is within

2331
02:04:06,795 --> 02:04:07,975
the side yard setback.

2332
02:04:07,995 --> 02:04:09,655
And again, the attached deck

2333
02:04:10,315 --> 02:04:12,535
within the side yard setback after the step.

2334
02:04:12,795 --> 02:04:14,735
So we've tried to do the best we can

2335
02:04:15,195 --> 02:04:17,215
to get the desired house and program

2336
02:04:17,435 --> 02:04:20,255
and square footage to make this all practicable while

2337
02:04:20,255 --> 02:04:21,975
respecting the spirit of the ordinance.

2338
02:04:25,195 --> 02:04:29,415
So I it when you're depicting earlier about the shorely

2339
02:04:29,415 --> 02:04:33,375
and protection boundary, I I what I grasped almost was

2340
02:04:33,375 --> 02:04:35,775
that you were giving us reverse numbers from the

2341
02:04:35,925 --> 02:04:37,135
setback from the water.

2342
02:04:37,825 --> 02:04:39,925
And it may have been my misunderstanding,

2343
02:04:41,065 --> 02:04:44,045
but the, the second blue line in from the,

2344
02:04:44,115 --> 02:04:48,805
from the water's edge is, is the appropriate distance

2345
02:04:48,995 --> 02:04:52,485
that the, that DES would want.

2346
02:04:52,625 --> 02:04:53,845
Am I correct? That's correct.

2347
02:04:54,065 --> 02:04:56,805
And so the footprint of the foundation is following

2348
02:04:56,805 --> 02:04:58,045
that gradient line.

2349
02:04:59,385 --> 02:05:03,525
The foundation is fully landward of the 50 foot setback,

2350
02:05:03,525 --> 02:05:06,245
including the entire footprint of the attached deck.

2351
02:05:06,355 --> 02:05:09,245
Yeah, it just looks like there's a jog in it that as,

2352
02:05:09,385 --> 02:05:11,565
as you're getting closer to the waters edge,

2353
02:05:11,715 --> 02:05:15,485
it's the footprint is following that line.

2354
02:05:15,545 --> 02:05:16,125
Am I correct?

2355
02:05:21,605 --> 02:05:23,145
Is there a jog in the foundation,

2356
02:05:23,145 --> 02:05:25,625
the dotted line in the inner inner corner there?

2357
02:05:26,445 --> 02:05:28,185
That's correct. Is that the foundation?

2358
02:05:31,395 --> 02:05:33,685
Okay. If I understand the question. That is

2359
02:05:33,805 --> 02:05:35,845
A cantilever Well the foundation

2360
02:05:41,195 --> 02:05:42,445
doesn't like it. Is, doesn't,

2361
02:05:42,945 --> 02:05:45,405
So this is the foundation here.

2362
02:05:45,495 --> 02:05:47,405
Right. And then this on the main level

2363
02:05:47,535 --> 02:05:50,085
above this is a cantilever portion. I

2364
02:05:50,085 --> 02:05:51,085
See.

2365
02:05:51,085 --> 02:05:51,845
Okay. Covered. Well, so that,

2366
02:05:51,845 --> 02:05:54,245
that answers the question I was, I was getting at

2367
02:05:54,665 --> 02:05:56,565
and I don't know if that helps Mr.

2368
02:05:56,995 --> 02:06:00,125
Dani or not, but I just wanted that clarified.

2369
02:06:00,225 --> 02:06:01,605
So I I understand now.

2370
02:06:02,505 --> 02:06:03,965
No, I'm fully satisfied. Thank you.

2371
02:06:04,545 --> 02:06:07,085
I'm sorry. I'm fully satisfied with

2372
02:06:07,315 --> 02:06:08,315
Okay, thank you Mr.

2373
02:06:08,315 --> 02:06:11,165
O Bimba. I'm all set. Alright Mr. Dietzel.

2374
02:06:13,625 --> 02:06:18,245
So you say it's in the,

2375
02:06:19,985 --> 02:06:23,005
the 50 foot primary structural setback from

2376
02:06:23,005 --> 02:06:24,165
Beaver Lake Reference.

2377
02:06:25,145 --> 02:06:28,525
So, so it's 50 feet more than 50 feet from the lake.

2378
02:06:28,985 --> 02:06:31,765
If you move it back to conform with this,

2379
02:06:32,035 --> 02:06:35,605
will you be then too close to the lake that

2380
02:06:36,385 --> 02:06:37,725
it sort of moving back from the road?

2381
02:06:38,035 --> 02:06:39,405
Yeah. Yes. Okay.

2382
02:06:39,585 --> 02:06:42,685
So it's either it's, we're either gonna encroach on the lake

2383
02:06:42,685 --> 02:06:45,605
or encroach on the front.

2384
02:06:46,195 --> 02:06:50,685
Yeah. So very briefly, if you have a house

2385
02:06:50,685 --> 02:06:53,525
that's too close to the lake under state rules,

2386
02:06:53,905 --> 02:06:55,005
you're allowed to keep it.

2387
02:06:55,005 --> 02:06:56,965
Certainly you're also allowed

2388
02:06:56,965 --> 02:06:59,565
to redevelop it within its existing footprint.

2389
02:07:00,905 --> 02:07:03,845
If you don't have that, there's no provision that I'm aware

2390
02:07:03,845 --> 02:07:07,085
of for constructing a new house that fully complies

2391
02:07:07,085 --> 02:07:08,925
with the town of dairy rules

2392
02:07:09,395 --> 02:07:11,245
that is within 50 feet of the lake.

2393
02:07:11,425 --> 02:07:12,365
You've answered my question, you'll not

2394
02:07:12,365 --> 02:07:13,525
receive a shoreland permit.

2395
02:07:13,625 --> 02:07:16,285
You've answered my question. Thank you sir. Alright.

2396
02:07:16,635 --> 02:07:18,445
What is the square footage of the home?

2397
02:07:19,685 --> 02:07:21,085
I guess the first floor? 'cause it's,

2398
02:07:21,325 --> 02:07:23,565
I you've indicated there's gonna be a cantilever,

2399
02:07:23,705 --> 02:07:25,445
so there's a second floor.

2400
02:07:31,105 --> 02:07:32,925
So the fourth plan sheet has all

2401
02:07:32,925 --> 02:07:34,285
of those numbers on the bottom.

2402
02:07:34,835 --> 02:07:35,835
Okay.

2403
02:07:42,245 --> 02:07:43,965
I think that kind of goes to the questions

2404
02:07:43,965 --> 02:07:45,005
that we're asking, right?

2405
02:07:45,065 --> 02:07:47,685
We understand all the compliance that you're speaking of

2406
02:07:47,705 --> 02:07:50,125
and that you are trying to fit this into there.

2407
02:07:50,205 --> 02:07:53,085
I think part of the question when you get into the five

2408
02:07:53,445 --> 02:07:56,405
criteria is, you know, are, are you overbuilding the site

2409
02:07:56,665 --> 02:07:58,805
or is it a reasonable square footage?

2410
02:07:59,665 --> 02:08:01,805
And I guess two ways to answer that.

2411
02:08:02,065 --> 02:08:03,645
One is the direct way, which is,

2412
02:08:03,645 --> 02:08:07,845
well the house is 1200 square feet, 600 square, you know,

2413
02:08:07,865 --> 02:08:10,645
600 square feet on the first floor, 600 on the second.

2414
02:08:11,185 --> 02:08:13,885
You can understand that there's some constraints to

2415
02:08:13,885 --> 02:08:16,925
that footprint and it's easier to, to see the hardship.

2416
02:08:17,345 --> 02:08:21,325
If you said to me it was a 35,000 square foot home, I'd say,

2417
02:08:21,325 --> 02:08:22,725
well, it's an excessive build

2418
02:08:23,225 --> 02:08:25,085
and I'd have an argument with the hardship.

2419
02:08:25,265 --> 02:08:26,445
So that's what I was getting at.

2420
02:08:26,825 --> 02:08:29,085
How does this footprint compare to the one

2421
02:08:29,085 --> 02:08:30,245
that was there prior?

2422
02:08:39,085 --> 02:08:40,005
The square footage of

2423
02:08:40,005 --> 02:08:41,245
This one is 1890.

2424
02:08:41,875 --> 02:08:44,005
Okay. Doesn't include, is that about,

2425
02:08:44,345 --> 02:08:46,805
so it's probably a little bit more square footage on second

2426
02:08:46,805 --> 02:08:48,685
floor than there is on the, on the first,

2427
02:08:49,195 --> 02:08:51,485
Yeah, I would say that the, the house has

2428
02:08:52,235 --> 02:08:55,325
increased in size without increasing substantially

2429
02:08:55,465 --> 02:08:57,325
in footprint. Okay. If that makes

2430
02:08:57,325 --> 02:08:58,325
Sense.

2431
02:08:58,325 --> 02:09:02,205
Good enough. That makes sense to me. Mrs. Moore or Mrs.

2432
02:09:02,435 --> 02:09:03,435
Trip?

2433
02:09:04,045 --> 02:09:05,925
I have nothing. Okay. Mr.

2434
02:09:05,925 --> 02:09:09,965
Donald, I already went to you, correct? You did, sir.

2435
02:09:10,075 --> 02:09:11,245
Okay, very good.

2436
02:09:11,755 --> 02:09:14,125
Alright, I have no other questions right now.

2437
02:09:16,145 --> 02:09:17,645
Do you have anything else to share with us?

2438
02:09:18,515 --> 02:09:21,565
Perhaps just to reiterate to your most recent questions

2439
02:09:21,955 --> 02:09:26,085
that the spirit of the ordinance, effectively, the green

2440
02:09:26,835 --> 02:09:29,445
rectangle here is your buildable area.

2441
02:09:30,195 --> 02:09:33,885
That is the nine 1,933 square feet

2442
02:09:33,885 --> 02:09:35,285
that I spoke of in my presentation.

2443
02:09:35,285 --> 02:09:37,045
That's the size of house.

2444
02:09:37,065 --> 02:09:39,165
In terms of footprint that they'd be allowed.

2445
02:09:39,825 --> 02:09:42,285
We have proposed a house that's 200 square feet,

2446
02:09:42,835 --> 02:09:45,405
smaller than that in area,

2447
02:09:46,585 --> 02:09:50,725
but it is distributed differently so that it can comply

2448
02:09:50,725 --> 02:09:52,605
with this 50 foot setback from the state,

2449
02:09:52,605 --> 02:09:54,325
which constitutes the hardship in

2450
02:09:54,325 --> 02:09:55,645
conjunction with the lot width.

2451
02:09:56,265 --> 02:09:57,965
So effectively to your question, Mr.

2452
02:09:58,015 --> 02:09:59,565
Chair, is it too much house?

2453
02:10:00,485 --> 02:10:01,685
I would argue no, it's not

2454
02:10:02,075 --> 02:10:05,365
because we've done that analysis of the area of the lot,

2455
02:10:05,395 --> 02:10:07,165
what would be we'd be allowed by rule

2456
02:10:08,025 --> 02:10:09,325
and we've designed something smaller.

2457
02:10:10,595 --> 02:10:13,405
Okay. All right. Anything else?

2458
02:10:14,745 --> 02:10:17,605
Not at this time. Okay. So I,

2459
02:10:18,105 --> 02:10:19,105
Mr.

2460
02:10:19,105 --> 02:10:19,325
Trip.

2461
02:10:20,025 --> 02:10:21,765
So there's a right of way to the

2462
02:10:24,915 --> 02:10:26,765
left or right?

2463
02:10:28,715 --> 02:10:30,965
Yeah, so to the north of the subject parcel.

2464
02:10:31,635 --> 02:10:36,205
Alright. And and we're the, the,

2465
02:10:37,425 --> 02:10:42,085
the building that you're proposing to build is I believe

2466
02:10:43,935 --> 02:10:45,445
eight and a half feet off of that?

2467
02:10:46,145 --> 02:10:49,645
That's correct. And yet the,

2468
02:10:53,105 --> 02:10:57,125
the building to the south is,

2469
02:10:57,265 --> 02:11:01,765
is only like seven feet from the property,

2470
02:11:01,765 --> 02:11:03,525
from the property line?

2471
02:11:04,365 --> 02:11:06,605
I, I believe so. I

2472
02:11:11,025 --> 02:11:13,805
And where is the other, where's the,

2473
02:11:13,805 --> 02:11:14,885
a budding house located?

2474
02:11:15,945 --> 02:11:20,175
Is it, is it 15 feet off the property line?

2475
02:11:21,435 --> 02:11:24,615
The abutting house to the south, sir? Yeah, it is.

2476
02:11:24,855 --> 02:11:26,495
I believe there's encroachment into the

2477
02:11:26,495 --> 02:11:27,735
side yard with that house as well.

2478
02:11:28,475 --> 02:11:30,855
Oh, It's close.

2479
02:11:35,755 --> 02:11:39,025
Hmm. Where'd do go?

2480
02:11:39,495 --> 02:11:42,105
Where'd do go? Yeah, I don't know.

2481
02:11:42,485 --> 02:11:44,105
What's your, so you have a question? What

2482
02:11:44,145 --> 02:11:47,105
I, I wondering if we could get a street view

2483
02:11:47,885 --> 02:11:49,025
of the property.

2484
02:11:49,375 --> 02:11:52,905
Okay, Mr. Ventura, are you within earshot?

2485
02:11:57,225 --> 02:12:01,355
What Mr. Chair?

2486
02:12:03,155 --> 02:12:05,955
I just wanna correct myself, but Mr. Owens helped me out.

2487
02:12:06,055 --> 02:12:09,395
It actually 4,100 square feet when you count in the garage

2488
02:12:10,215 --> 02:12:12,915
and all of the, and that's on

2489
02:12:15,285 --> 02:12:16,835
4,100 square feet?

2490
02:12:16,865 --> 02:12:19,355
Yeah. That's first and second floor.

2491
02:12:19,815 --> 02:12:21,275
Yep. Including

2492
02:12:21,505 --> 02:12:23,635
It's on the plans of the house.

2493
02:12:28,335 --> 02:12:30,155
Do you think that's accurate Mr. Wilson?

2494
02:12:30,955 --> 02:12:32,755
I believe so. If you Yeah.

2495
02:12:32,755 --> 02:12:33,995
Account for the vertical spaces.

2496
02:12:37,305 --> 02:12:41,795
Okay. All right. Mr. Trip, you all set to move forward?

2497
02:12:42,465 --> 02:12:47,155
Sure. Okay. Mr. Wilson, are you all set for now?

2498
02:12:47,735 --> 02:12:48,915
Yes. Thank you. Alright.

2499
02:12:49,035 --> 02:12:51,195
I may have some questions coming back to you again,

2500
02:12:51,655 --> 02:12:53,355
but let's make a call to public.

2501
02:12:53,795 --> 02:12:56,675
Anybody who wishes to speak in favor of this application,

2502
02:12:56,675 --> 02:12:58,195
this would be your opportunity to come forward.

2503
02:13:03,015 --> 02:13:05,675
Any chair? Any chair? Any microphone?

2504
02:13:06,455 --> 02:13:07,755
Hi, my name's Bill Dyer.

2505
02:13:07,975 --> 02:13:12,115
I'm an abut of Barry and he's been a great neighbor.

2506
02:13:12,345 --> 02:13:13,915
Also a good steward of the land.

2507
02:13:14,495 --> 02:13:16,875
If you drive by there, he's the nicest house

2508
02:13:16,875 --> 02:13:18,195
or one of the nicest houses on the lake.

2509
02:13:19,025 --> 02:13:21,235
Most of the lake is non-conforming.

2510
02:13:21,265 --> 02:13:22,555
When you look at everybody's house,

2511
02:13:22,555 --> 02:13:23,635
they're really close together.

2512
02:13:26,195 --> 02:13:28,675
Whatever he build is gonna be beautiful. Okay.

2513
02:13:28,745 --> 02:13:31,845
It's gonna increase my value and I appreciate that.

2514
02:13:35,505 --> 02:13:38,005
I'm just trying to say

2515
02:13:38,005 --> 02:13:41,125
that it's very difficult when you build houses on a lake

2516
02:13:41,395 --> 02:13:43,005
with the restrictions from the state

2517
02:13:43,185 --> 02:13:44,485
and the local and stuff like that.

2518
02:13:44,665 --> 02:13:47,445
So it's almost like you're the hot dog in the bun.

2519
02:13:47,945 --> 02:13:49,765
You're gonna fit in there the best you can.

2520
02:13:50,865 --> 02:13:53,605
And I've been listening to people talk here all day

2521
02:13:53,605 --> 02:13:56,085
and it's been about trying to make things work

2522
02:13:56,865 --> 02:13:58,085
and as an abutter

2523
02:13:58,145 --> 02:14:00,885
to see him build something there would make it work.

2524
02:14:02,395 --> 02:14:04,925
Technically, I don't know much to say about square footage

2525
02:14:04,925 --> 02:14:06,005
and back sets and all that,

2526
02:14:06,305 --> 02:14:08,685
but other than that, as a neighbor,

2527
02:14:09,085 --> 02:14:11,925
I would find a great asset, whatever he puts there.

2528
02:14:12,525 --> 02:14:16,165
Thank you. Okay, Mr. Chair, may we get his address please?

2529
02:14:16,185 --> 02:14:18,845
Yes, that's what I was just gonna say. What sir?

2530
02:14:20,195 --> 02:14:22,765
Need your address? Oh, I live in Coles Grove.

2531
02:14:23,415 --> 02:14:25,565
Sorry, I'm just right up the street.

2532
02:14:26,465 --> 02:14:29,525
So you're not a direct ofbut one house off.

2533
02:14:29,945 --> 02:14:32,765
So I'm right on the same street he is. Okay. Okay.

2534
02:14:33,435 --> 02:14:37,045
Very good. Thank you. Thank you. Yes sir.

2535
02:14:37,255 --> 02:14:39,645
Hello, I'm Joshua Ley. I live at

2536
02:14:39,645 --> 02:14:40,645
Two Beaver Lake Avenue.

2537
02:14:40,985 --> 02:14:43,165
Why don't you make sure you get in the microphone there.

2538
02:14:43,745 --> 02:14:44,845
I'm Joshua Ley.

2539
02:14:44,925 --> 02:14:46,525
I live at two Beaver Lake Avenue

2540
02:14:46,705 --> 02:14:49,445
and I have deeded access to the right of way in question.

2541
02:14:50,805 --> 02:14:52,725
I, Mr. And Mrs.

2542
02:14:52,725 --> 02:14:54,445
Kilduff have explained this to me

2543
02:14:54,585 --> 02:14:57,925
and I am in full support of them receiving this variance.

2544
02:14:58,525 --> 02:15:02,285
I believe this neighborhood was developed in the 1930s,

2545
02:15:02,665 --> 02:15:05,045
so things were a lot better different back then

2546
02:15:05,115 --> 02:15:06,325
with setbacks.

2547
02:15:07,145 --> 02:15:09,525
All the lots are about that size in the neighborhood.

2548
02:15:09,965 --> 02:15:12,445
There was previously a, a house on that location,

2549
02:15:12,895 --> 02:15:15,565
which we heard was tore down in around 2017.

2550
02:15:15,665 --> 02:15:18,765
So I see no reason

2551
02:15:18,825 --> 02:15:20,925
to not put a house back onto that lot.

2552
02:15:21,585 --> 02:15:24,765
As my neighbor Bill was saying, whatever Barry

2553
02:15:24,765 --> 02:15:26,165
and Carol do is just gonna be

2554
02:15:26,955 --> 02:15:28,365
wonderful for the neighborhood.

2555
02:15:28,365 --> 02:15:30,525
They're gonna build an amazing property,

2556
02:15:30,525 --> 02:15:31,525
they're gonna take care of it.

2557
02:15:32,025 --> 02:15:35,885
And I would be full support in you approving this variance.

2558
02:15:35,885 --> 02:15:36,885
Thank you.

2559
02:15:38,755 --> 02:15:42,285
Okay, thank you. Anybody else wanna speak in favor?

2560
02:15:49,775 --> 02:15:52,165
Hello, Steven Anthony 20 Coles Grove

2561
02:15:52,505 --> 02:15:54,765
and also what was previously 18 Coles Grove.

2562
02:15:54,985 --> 02:15:59,005
So an immediate abut few points here.

2563
02:15:59,065 --> 02:16:00,485
So the values of the home would

2564
02:16:00,485 --> 02:16:01,925
certainly increase by this project.

2565
02:16:03,425 --> 02:16:05,085
If you were to deny this request,

2566
02:16:05,145 --> 02:16:06,605
the public would achieve no gain.

2567
02:16:07,605 --> 02:16:10,205
This project would have no negative impact to the lake.

2568
02:16:10,675 --> 02:16:13,045
There's, well, I know that the setback now today,

2569
02:16:13,345 --> 02:16:14,845
in today's day is 50 feet.

2570
02:16:15,255 --> 02:16:18,405
There are about 110 homes that are lakefront

2571
02:16:18,745 --> 02:16:20,365
and there are over 25 homes

2572
02:16:20,365 --> 02:16:22,645
that are currently within 35 feet.

2573
02:16:23,155 --> 02:16:25,445
Some with even 10 feet of the lake.

2574
02:16:26,345 --> 02:16:29,365
So this would have no impact in that regard.

2575
02:16:30,265 --> 02:16:33,005
The proposed project would have a positive impact

2576
02:16:33,345 --> 02:16:34,885
to the property value, not only

2577
02:16:34,885 --> 02:16:36,005
of our home, but of the neighborhood.

2578
02:16:36,745 --> 02:16:39,165
As mentioned, the Kilduff do an amazing job of their home

2579
02:16:39,185 --> 02:16:42,685
and their, and what they do to keep their grounds.

2580
02:16:43,345 --> 02:16:44,725
And they are supporters of the lake.

2581
02:16:45,595 --> 02:16:47,725
They are great stewards of Beaver Lake.

2582
02:16:47,745 --> 02:16:50,005
In fact, Carol Kilduff is a member of our board.

2583
02:16:50,205 --> 02:16:52,405
I am the president of the Beaver Lake Improvement

2584
02:16:52,405 --> 02:16:55,165
Association and they've done great things for our lake

2585
02:16:55,165 --> 02:16:56,605
to bring together a community

2586
02:16:56,825 --> 02:16:58,525
and get more involvement in the lake.

2587
02:16:59,625 --> 02:17:02,525
And so I'm in favor of the lake. I'm in favor of the lake.

2588
02:17:02,625 --> 02:17:03,965
I'm of course I'm in favor the lake.

2589
02:17:04,345 --> 02:17:06,765
I'm in favor of this proposal, so thank you.

2590
02:17:08,435 --> 02:17:11,605
Okay, any questions? Oh, okay.

2591
02:17:16,225 --> 02:17:17,445
My name is Jennifer Sheard.

2592
02:17:17,605 --> 02:17:19,205
I live at seven Coles Grove Road

2593
02:17:20,085 --> 02:17:21,165
right across the street from them.

2594
02:17:22,165 --> 02:17:25,965
I have known Barry and Carol for 20 plus years.

2595
02:17:26,995 --> 02:17:30,085
They have been a huge part of my life, my daughter's life.

2596
02:17:30,865 --> 02:17:33,605
And they are amazing, amazing neighbors.

2597
02:17:34,805 --> 02:17:36,485
I do remember there being a house there

2598
02:17:36,625 --> 02:17:39,285
and I just wanted to, I agree with everything they said.

2599
02:17:39,285 --> 02:17:40,525
They kind of took everything outta my mouth,

2600
02:17:41,585 --> 02:17:44,365
but I just wanted to say that I do approve of this

2601
02:17:44,625 --> 02:17:46,365
and support them a hundred percent.

2602
02:17:46,365 --> 02:17:48,605
Everything they touch pretty much turns to gold, so.

2603
02:17:50,195 --> 02:17:53,685
Okay, thank you. Any questions? Okay. Thank you.

2604
02:17:57,055 --> 02:17:58,745
Anybody else speaking favorably?

2605
02:18:00,055 --> 02:18:03,185
Anybody wanna speak in opposition?

2606
02:18:04,805 --> 02:18:09,345
All right. Seeing no one rise, Mr. Wilson, come on back up.

2607
02:18:10,685 --> 02:18:14,865
So 4,100 square feet, Mr. Ani.

2608
02:18:15,535 --> 02:18:16,625
Yeah, that's what's on the plans.

2609
02:18:17,005 --> 02:18:18,065
So that includes finished

2610
02:18:18,125 --> 02:18:21,065
and unfinished spaces as well as including the garage?

2611
02:18:21,165 --> 02:18:25,305
Yes, it's a little bit over 3,500 square feet of finished,

2612
02:18:25,355 --> 02:18:28,345
which also includes the attached decks outside.

2613
02:18:30,125 --> 02:18:32,785
So the 4,100 square feet includes decks,

2614
02:18:33,595 --> 02:18:36,105
Decks, garages, and mechanical spaces. I

2615
02:18:36,105 --> 02:18:37,105
See.

2616
02:18:37,105 --> 02:18:40,345
Is that how you see it, Mr. Dani? Yes. Okay.

2617
02:18:41,725 --> 02:18:44,465
All right. Anything else you wish to add?

2618
02:18:48,605 --> 02:18:52,505
So I would say, speaking specifically to the water quality

2619
02:18:53,025 --> 02:18:56,585
benefits of this project, the lot right now

2620
02:18:57,485 --> 02:18:58,505
is grass.

2621
02:18:59,645 --> 02:19:01,825
It is grass as you can see on the screen,

2622
02:19:02,175 --> 02:19:05,145
that uniformly slopes towards the lake

2623
02:19:06,685 --> 02:19:08,785
that's attractive, that is idyllic.

2624
02:19:08,925 --> 02:19:10,385
And having all

2625
02:19:10,385 --> 02:19:12,905
of the grass going straight down towards the lake is one

2626
02:19:12,905 --> 02:19:14,305
of the worst things you can do in terms

2627
02:19:14,305 --> 02:19:15,825
of ensuring water quality.

2628
02:19:16,775 --> 02:19:19,865
What happens is the grass has to be mowed, it has

2629
02:19:19,865 --> 02:19:23,905
to be fertilized when it rains shortly

2630
02:19:23,905 --> 02:19:26,745
after that, it just washes straight down into the lake.

2631
02:19:27,105 --> 02:19:30,205
The lot as it exists now does not have substantial

2632
02:19:30,815 --> 02:19:35,245
stormwater management systems or structures.

2633
02:19:35,905 --> 02:19:36,925
The proposed lot

2634
02:19:37,445 --> 02:19:39,685
and proposed project site as a whole really

2635
02:19:41,145 --> 02:19:46,085
has a stormwater management system that has been sized

2636
02:19:46,705 --> 02:19:49,525
to account for capture filtration

2637
02:19:49,585 --> 02:19:54,205
and infiltration of 90% of the water quality volume,

2638
02:19:54,335 --> 02:19:57,005
which is the benchmark for these sort

2639
02:19:57,005 --> 02:20:00,005
of residential storm water installation systems.

2640
02:20:00,665 --> 02:20:03,605
And so what that does is if you can capture, filter

2641
02:20:03,905 --> 02:20:07,005
and infiltrate 90% of the WQV,

2642
02:20:07,785 --> 02:20:11,125
you are capturing 90% of the pollutants

2643
02:20:11,155 --> 02:20:12,525
that might end up in the lake.

2644
02:20:13,625 --> 02:20:17,325
So for this particular project, the driveway is permeable,

2645
02:20:17,625 --> 02:20:19,245
the patios are permeable.

2646
02:20:19,455 --> 02:20:22,925
Underneath all of the roof overhangs is a drip edge

2647
02:20:22,925 --> 02:20:25,725
infiltration trench, which will capture all

2648
02:20:25,725 --> 02:20:28,365
of this storm water from all of the new

2649
02:20:28,465 --> 02:20:30,445
and existing surfaces of the lot.

2650
02:20:30,985 --> 02:20:33,365
And then, as I said, filter and infiltrate it.

2651
02:20:33,365 --> 02:20:36,485
Right now, there's no real capacity to do that

2652
02:20:36,485 --> 02:20:37,805
because the lot is vacant.

2653
02:20:39,305 --> 02:20:41,805
So put in those terms,

2654
02:20:42,395 --> 02:20:45,725
this project will provide a public water quality benefit,

2655
02:20:46,175 --> 02:20:48,525
which is that incremental treatment

2656
02:20:48,745 --> 02:20:51,045
and capture filtration of storm water.

2657
02:20:52,865 --> 02:20:55,525
But in, in this depiction,

2658
02:20:57,955 --> 02:21:01,495
you know, a smaller home essentially does the same thing.

2659
02:21:01,495 --> 02:21:05,695
Correct. And what you're asking for is not us to purify,

2660
02:21:05,995 --> 02:21:08,055
you know, allow a bill to purify the water,

2661
02:21:08,155 --> 02:21:12,175
but you're asking us to allow a build that doesn't conform

2662
02:21:13,035 --> 02:21:17,215
and, and the same thing

2663
02:21:17,215 --> 02:21:20,095
that you are indicating can be accomplished

2664
02:21:20,095 --> 02:21:21,335
with a smaller footprint,

2665
02:21:24,625 --> 02:21:25,625
The same thing.

2666
02:21:25,965 --> 02:21:27,845
I mean, your containment could occur

2667
02:21:28,545 --> 02:21:32,365
and the runoff could be contained with a smaller footprint

2668
02:21:32,365 --> 02:21:35,565
or a smaller home versus the size that's being proposed.

2669
02:21:36,605 --> 02:21:38,445
I believe that's reasonable. Yes.

2670
02:21:39,025 --> 02:21:42,005
And I, and I understand the front setbacks, I wrestle

2671
02:21:42,155 --> 02:21:46,525
with the side setbacks and how much bigger this footprint is

2672
02:21:47,305 --> 02:21:49,605
and haven't quite totally wrapped my head

2673
02:21:49,605 --> 02:21:53,885
around the different sizes that have been spoken to.

2674
02:21:55,425 --> 02:21:59,205
And one of the things I'm looking for is that justification

2675
02:21:59,345 --> 02:22:03,285
of, you know, again, wrapping my head around this whole size

2676
02:22:03,285 --> 02:22:06,765
of the footprint, because I understand everything you're

2677
02:22:06,885 --> 02:22:10,685
speaking of, you know, the Shoreland Protection Act,

2678
02:22:10,685 --> 02:22:12,045
and I've indicated this earlier

2679
02:22:12,585 --> 02:22:17,125
and there are other parcels that the structures are

2680
02:22:17,845 --> 02:22:19,805
imposing on those side setbacks.

2681
02:22:20,265 --> 02:22:23,645
We get that and it's custom, it's custom.

2682
02:22:23,865 --> 02:22:28,605
And it's common to see that around Old Lakes and,

2683
02:22:29,865 --> 02:22:32,045
and I've had those experiences myself.

2684
02:22:34,425 --> 02:22:38,245
So I guess for me, I'm more justifying not the fact

2685
02:22:38,245 --> 02:22:39,965
that you're trying to protect the water quality,

2686
02:22:40,225 --> 02:22:44,525
but why we need this size of a prop of a home

2687
02:22:45,105 --> 02:22:47,125
in order to function

2688
02:22:47,545 --> 02:22:50,205
and resolve the same conflict.

2689
02:22:51,995 --> 02:22:54,365
Does anybody else have any questions for Mr. Wilson?

2690
02:22:59,555 --> 02:23:00,645
Okay, gimme a second.

2691
02:23:00,805 --> 02:23:03,205
I want to review a couple of things here and

2692
02:23:03,265 --> 02:23:06,485
before we go into deliberation, Mr.

2693
02:23:06,835 --> 02:23:08,765
Dani, what was that page you were looking at?

2694
02:23:10,865 --> 02:23:15,725
It is the planning of the house and

2695
02:23:17,165 --> 02:23:18,605
I was, I was trying to find it

2696
02:23:18,625 --> 02:23:21,285
and there was a lot of detail in here to look at

2697
02:23:22,625 --> 02:23:25,845
and find, including the brick patio

2698
02:23:28,655 --> 02:23:31,285
Floor plan, conceptual floor

2699
02:23:31,315 --> 02:23:34,485
Plan, it's sheet, A one and maybe the last one.

2700
02:23:34,665 --> 02:23:36,365
One in the stack. Thank

2701
02:23:36,365 --> 02:23:37,365
You.

2702
02:23:38,375 --> 02:23:41,365
Thank you. Say again please. A1C

2703
02:23:41,445 --> 02:23:44,605
A one should be the last in the stack of plans. Oh,

2704
02:23:44,785 --> 02:23:45,785
By the way, Mr.

2705
02:23:45,785 --> 02:23:49,845
Corbet, did you have any questions? Thank you, Mrs. Owen.

2706
02:23:50,985 --> 02:23:52,365
Mr. Corbet, you still there? Not at

2707
02:23:52,365 --> 02:23:53,365
This time.

2708
02:23:53,365 --> 02:23:54,165
I here, not at this time.

2709
02:24:13,325 --> 02:24:16,365
I see a proposal for a lap pool that's in,

2710
02:24:16,645 --> 02:24:17,685
must be in the basement.

2711
02:24:18,025 --> 02:24:21,205
That's correct. There is a lake nearby, you know,

2712
02:24:31,875 --> 02:24:33,045
well, they can chop ice.

2713
02:24:39,125 --> 02:24:42,185
How many bedrooms? Two. Two.

2714
02:24:59,085 --> 02:24:59,305
Hmm.

2715
02:25:16,135 --> 02:25:17,985
Okay. I'm ready to proceed.

2716
02:25:21,105 --> 02:25:22,425
I don't know how accurate

2717
02:25:22,705 --> 02:25:23,705
Zillow is.

2718
02:25:24,465 --> 02:25:28,925
It says that the other house was built in 1955

2719
02:25:29,075 --> 02:25:33,765
with four bedrooms, two baths, 2,239 square feet.

2720
02:25:34,425 --> 02:25:36,845
But again, that's Zillow is my source.

2721
02:25:38,745 --> 02:25:40,085
2,900?

2722
02:25:40,705 --> 02:25:43,965
No, 2,239.

2723
02:25:44,825 --> 02:25:48,165
And that's must be livable square feet.

2724
02:25:51,715 --> 02:25:54,445
Yeah, I mean overall I'm looking at the, at the design

2725
02:25:56,045 --> 02:25:57,885
contains the vehicles off the street.

2726
02:26:03,125 --> 02:26:05,245
A vehicle like a Chevy Suburban

2727
02:26:05,305 --> 02:26:08,365
that's depicted is probably about 21 feet long.

2728
02:26:11,395 --> 02:26:14,485
Certainly consumes up a lot of the 35 feet

2729
02:26:14,485 --> 02:26:19,125
of the frontage setback that they're asking for relief on

2730
02:26:21,775 --> 02:26:23,245
pulls the vehicles inside.

2731
02:26:23,305 --> 02:26:27,785
And that's not unreasonable in my, my viewpoint.

2732
02:26:30,435 --> 02:26:33,225
First floor is not excessive in, in size

2733
02:26:36,005 --> 02:26:40,185
and second floor follow follows or mimics that.

2734
02:26:46,335 --> 02:26:48,105
Okay. I have nothing else.

2735
02:26:51,245 --> 02:26:52,465
If you're all set, Mr. Wilson,

2736
02:26:52,475 --> 02:26:54,625
we'll go into deliberation. Thank

2737
02:26:54,625 --> 02:26:55,625
You.

2738
02:26:55,625 --> 02:26:55,705
Very good.

2739
02:26:56,535 --> 02:26:58,865
Take a motion. Go into deliberation please.

2740
02:27:00,605 --> 02:27:02,465
So, Thank you Mr. Trip.

2741
02:27:04,285 --> 02:27:06,505
Second. Thank you Mr. Dietzel.

2742
02:27:08,405 --> 02:27:11,865
All in favor of deliberation, say aye. Aye. Any opposed?

2743
02:27:13,575 --> 02:27:14,575
Hearing None.

2744
02:27:19,705 --> 02:27:22,265
I don't have that. Anybody wish

2745
02:27:22,365 --> 02:27:23,825
to start off in

2746
02:27:23,825 --> 02:27:28,105
discussion Mr.

2747
02:27:28,255 --> 02:27:29,255
Dietzel?

2748
02:27:30,095 --> 02:27:34,465
Well, I think the proposal is a reasonable one.

2749
02:27:34,585 --> 02:27:38,305
I, the, the five criteria were addressed.

2750
02:27:39,285 --> 02:27:40,345
It seems to me that,

2751
02:27:40,735 --> 02:27:45,585
that the structure itself is reasonable in, in dimensions

2752
02:27:45,765 --> 02:27:47,865
and footprint and so forth.

2753
02:27:48,005 --> 02:27:51,585
The, the only problem is what they're here for, the variance

2754
02:27:51,585 --> 02:27:52,905
for and that's the setbacks.

2755
02:27:55,095 --> 02:27:56,505
They could pull it back and,

2756
02:27:56,605 --> 02:27:59,945
but then they'd be closer to the, to the shore.

2757
02:28:00,005 --> 02:28:02,865
To the shore. And so

2758
02:28:04,305 --> 02:28:06,945
I I think it's, I think it's a good proposal.

2759
02:28:09,525 --> 02:28:14,505
Mr. Trip. Well,

2760
02:28:15,535 --> 02:28:19,625
it's not a very big light that's a readily apparent.

2761
02:28:22,605 --> 02:28:25,205
I think the, the northern side

2762
02:28:28,935 --> 02:28:31,245
being able to be eight

2763
02:28:31,545 --> 02:28:33,925
and a half feet off the lot line

2764
02:28:35,065 --> 02:28:39,525
is, is fine.

2765
02:28:40,305 --> 02:28:43,805
Seeing how the, the abutting lot is right away.

2766
02:28:44,465 --> 02:28:46,285
So there's nothing gonna be built there.

2767
02:28:47,485 --> 02:28:49,045
I do have some concerns with

2768
02:28:50,025 --> 02:28:54,245
it being only like seven feet off the southern lane lot,

2769
02:28:55,105 --> 02:28:57,165
you know, 'cause there's no,

2770
02:28:59,955 --> 02:29:04,525
there's no guarantee that the building that exists there

2771
02:29:08,025 --> 02:29:12,905
is gonna, if it was gonna be rebuilt,

2772
02:29:12,905 --> 02:29:14,625
would, would creep in a little.

2773
02:29:14,725 --> 02:29:19,075
So it's, I I have, I have some

2774
02:29:20,115 --> 02:29:24,115
concerns about it being, you know,

2775
02:29:24,205 --> 02:29:25,435
shoehorned in like this.

2776
02:29:29,395 --> 02:29:32,495
So they do own that lot as well.

2777
02:29:32,695 --> 02:29:35,175
I know they, you can't say they'll own it forever,

2778
02:29:35,675 --> 02:29:39,015
but, oh, it does show that they own

2779
02:29:40,595 --> 02:29:41,615
lot six as well.

2780
02:29:42,155 --> 02:29:43,815
Oh, And Mr.

2781
02:29:43,845 --> 02:29:45,935
Trip, I went through about 20 years of photos

2782
02:29:46,275 --> 02:29:48,175
and you actually can see lot

2783
02:29:48,835 --> 02:29:51,295
or house 12 get rebuilt in the last 20 years

2784
02:29:51,295 --> 02:29:53,215
that originally resembled the structure.

2785
02:29:53,215 --> 02:29:54,415
That was at 16

2786
02:29:55,635 --> 02:29:58,735
and from at least 2011 until now,

2787
02:29:58,735 --> 02:30:00,215
it looks like some quite the restoration

2788
02:30:00,275 --> 02:30:02,575
and increase in size.

2789
02:30:02,915 --> 02:30:06,055
So I don't think they're, I have a tough time looking at

2790
02:30:06,055 --> 02:30:07,295
what's there now and thinking it would be

2791
02:30:07,415 --> 02:30:09,335
redeveloped really at all.

2792
02:30:12,155 --> 02:30:13,215
If that just helps at all.

2793
02:30:14,435 --> 02:30:16,335
And we usually have people

2794
02:30:16,365 --> 02:30:18,335
that have access to the easement.

2795
02:30:18,525 --> 02:30:21,975
They usually, you know, are abutters that come

2796
02:30:21,975 --> 02:30:24,135
and they're not for it at all.

2797
02:30:24,835 --> 02:30:26,455
And we've had the complete opposite.

2798
02:30:31,965 --> 02:30:36,175
Okay. For myself, you know, I've,

2799
02:30:36,205 --> 02:30:40,335
I've err on that side of, of wonderment and whether

2800
02:30:40,395 --> 02:30:44,255
or not the, the build is oversized

2801
02:30:44,395 --> 02:30:47,335
as I expressed, I can see that the,

2802
02:30:49,285 --> 02:30:53,815
that the structure, now that I understand the, the footprint

2803
02:30:53,815 --> 02:30:57,935
and the plans, that

2804
02:31:00,345 --> 02:31:04,135
seems like it's, it's fairly reasonable.

2805
02:31:05,215 --> 02:31:07,215
I don't know, looking at the footprint

2806
02:31:07,235 --> 02:31:10,055
and the design of the footprint, I don't know

2807
02:31:10,235 --> 02:31:14,775
how much more you would contain that.

2808
02:31:14,775 --> 02:31:17,135
You would still be looking for

2809
02:31:18,115 --> 02:31:20,205
relief from the side setbacks.

2810
02:31:22,425 --> 02:31:27,125
And I can agree with the, the, with the layout

2811
02:31:27,985 --> 02:31:31,915
of the, with the garage

2812
02:31:32,215 --> 02:31:35,155
and storage of the vehicles away from the, the street.

2813
02:31:35,335 --> 02:31:39,035
So that seems reasonable to me as well.

2814
02:31:41,495 --> 02:31:43,035
I'd like to structure a motion

2815
02:31:43,295 --> 02:31:44,555
but for whatever the reason,

2816
02:31:44,975 --> 02:31:47,395
my motion sheets keep running away from me.

2817
02:31:56,155 --> 02:32:00,475
I have the others. By the way, I have 17 through the rest

2818
02:32:00,535 --> 02:32:03,675
of the agenda, so I shouldn't bother you again.

2819
02:32:06,455 --> 02:32:08,715
So structuring the motion we have subject

2820
02:32:08,815 --> 02:32:11,515
to obtaining all state and town permits and inspections.

2821
02:32:11,515 --> 02:32:15,035
Anybody else have anything they'd like to add here?

2822
02:32:16,475 --> 02:32:18,835
I heard nothing in the discussions of the questions

2823
02:32:19,955 --> 02:32:22,355
directed at the applicant to suggest

2824
02:32:22,355 --> 02:32:24,395
that there were should be other, any other terms

2825
02:32:26,805 --> 02:32:27,955
added to this motion.

2826
02:32:28,175 --> 02:32:32,035
So I'll, I'll presume the silence from the other members is

2827
02:32:33,235 --> 02:32:34,795
a sign that we can move forward.

2828
02:32:35,095 --> 02:32:39,435
So that being said, let's take a motion,

2829
02:32:39,545 --> 02:32:41,035
come back outta deliberation

2830
02:32:43,005 --> 02:32:44,005
Chair.

2831
02:32:44,005 --> 02:32:45,075
I'll make that motion to come back outta

2832
02:32:45,075 --> 02:32:46,435
deliberation. Second.

2833
02:32:46,555 --> 02:32:49,355
A second. I'll give that to Mr. Dietzel.

2834
02:32:49,655 --> 02:32:53,315
And all in favor of coming outta deliberation, say aye. Aye.

2835
02:32:53,335 --> 02:32:57,835
Any opposed? Mr. Moore, you have a motion to read?

2836
02:32:58,275 --> 02:33:02,915
I do. Thank you. I make a motion on case number two six

2837
02:33:03,145 --> 02:33:05,315
dash 11 6 2.

2838
02:33:05,315 --> 02:33:09,915
Grant a variance to the terms of article six,

2839
02:33:10,305 --> 02:33:13,875
section 1 65 dash four six

2840
02:33:14,675 --> 02:33:18,635
C four of the town of dairy zoning ordinance

2841
02:33:18,975 --> 02:33:22,155
to allow the construction of a single family home

2842
02:33:22,865 --> 02:33:26,955
located less than 35 feet to the front property line

2843
02:33:27,415 --> 02:33:29,715
and less than 15 feet

2844
02:33:29,735 --> 02:33:32,795
to the side property line parcel ID

2845
02:33:33,025 --> 02:33:37,675
5 1 0 0 8 zoned MDR as presented

2846
02:33:37,675 --> 02:33:38,995
with the following conditions.

2847
02:33:39,695 --> 02:33:42,795
We have one, one subject to obtaining our state

2848
02:33:42,795 --> 02:33:44,515
and town permits and inspections.

2849
02:33:45,255 --> 02:33:46,955
And that concludes the reading of the motion.

2850
02:33:47,115 --> 02:33:49,915
I need a second. Second.

2851
02:33:51,655 --> 02:33:53,635
All right. That puts that motion on the floor.

2852
02:33:54,295 --> 02:33:57,675
Brings us to finding a fact. Mr.

2853
02:33:58,215 --> 02:34:02,035
Corbet, we have only supporting testimony there.

2854
02:34:03,345 --> 02:34:04,875
Nothing opposition.

2855
02:34:05,135 --> 02:34:08,835
Can we do an abbreviated finding a fact without a roll call?

2856
02:34:09,615 --> 02:34:11,075
You read my mind Mr. Cher. Very good.

2857
02:34:11,075 --> 02:34:12,915
I was very good not doing the long form.

2858
02:34:13,025 --> 02:34:16,315
Perfect. I'll think I'll, I'll let you do your stuff.

2859
02:34:17,115 --> 02:34:20,565
Alright. Finding a fact for case 26 dash 116

2860
02:34:22,005 --> 02:34:23,925
heard on June 18th, 2026.

2861
02:34:24,145 --> 02:34:25,685
The ZBA heard the application

2862
02:34:25,785 --> 02:34:30,245
of Kilduff royalty Trust Carol Kilduff trustee represented

2863
02:34:30,305 --> 02:34:31,325
by terrain planting

2864
02:34:31,385 --> 02:34:32,605
and design LLC

2865
02:34:32,895 --> 02:34:36,405
concerning the property located at 16 Coles Grove Road

2866
02:34:36,665 --> 02:34:41,645
parcel ID 5 1 0 0 8 The applicant is requesting a variance

2867
02:34:41,645 --> 02:34:42,685
to allow the construction

2868
02:34:42,685 --> 02:34:46,685
of a single family home located approximately 23.8 feet

2869
02:34:46,705 --> 02:34:49,485
to the front property line, 8.4 feet

2870
02:34:49,485 --> 02:34:50,885
to the north side property line

2871
02:34:51,145 --> 02:34:53,765
and 6.9 feet to the south side property line.

2872
02:34:54,505 --> 02:34:57,285
The property is located in the medium density residential

2873
02:34:57,285 --> 02:35:00,485
zoning district, which requires a 35 foot minimum setback

2874
02:35:00,485 --> 02:35:01,685
from the front property line

2875
02:35:02,105 --> 02:35:05,125
and a 15 foot minimum setback to the side property lines.

2876
02:35:05,515 --> 02:35:07,445
Therefore, a variance is being requested.

2877
02:35:07,955 --> 02:35:11,005
This is a preexisting non-conforming lot with respect

2878
02:35:11,005 --> 02:35:12,205
to the lot area in frontage.

2879
02:35:12,665 --> 02:35:14,845
The property has remained vacant since 2017

2880
02:35:14,935 --> 02:35:17,285
after the previous single family dwelling was removed.

2881
02:35:18,065 --> 02:35:20,685
The property is located along the waterfront of Beaver Lake

2882
02:35:20,705 --> 02:35:23,765
and is located in an area of preexisting small lots

2883
02:35:23,765 --> 02:35:25,005
and non-conforming structures.

2884
02:35:25,745 --> 02:35:27,685
The property is serviced by municipal sewer

2885
02:35:27,685 --> 02:35:31,125
and a private well and approved state shoreland permit has

2886
02:35:31,245 --> 02:35:33,165
been issued through N-H-D-E-S

2887
02:35:34,025 --> 02:35:36,605
and the board also includes all facts found in the meeting

2888
02:35:36,605 --> 02:35:37,765
minutes for this application

2889
02:35:37,985 --> 02:35:39,885
and includes all meeting minutes into its finding

2890
02:35:39,885 --> 02:35:41,045
of facts and decisions.

2891
02:35:41,555 --> 02:35:43,805
Does anybody have any additions or addendums to make

2892
02:35:44,625 --> 02:35:45,725
Seeing no gestures.

2893
02:35:45,745 --> 02:35:48,725
All in favor of moving this for a vote? Say aye. Aye.

2894
02:35:49,185 --> 02:35:53,965
Any opposed? Mr. Dietzel? Yes. Mr. Trip?

2895
02:35:54,425 --> 02:35:58,125
Yes. Mrs. Warren? Yes. Mr. Corbett?

2896
02:35:58,785 --> 02:36:01,005
Yes. And I'll make it unanimous

2897
02:36:01,025 --> 02:36:02,285
by a vote of five to zero.

2898
02:36:02,505 --> 02:36:04,725
So congratulations to the applicant, Mr. Wilson.

2899
02:36:07,835 --> 02:36:12,685
Anybody agree by this has 30 days to request rehearing After

2900
02:36:12,715 --> 02:36:14,565
that recourse would be superior Court.

2901
02:36:14,565 --> 02:36:15,725
Have a good evening. Thank you

2902
02:36:16,585 --> 02:36:17,585
All for your time.

2903
02:36:17,905 --> 02:36:22,165
You are welcome. All right, so other business here,

2904
02:36:22,255 --> 02:36:23,725
we're gonna get to the next case.

2905
02:36:23,865 --> 02:36:27,405
We have Kozo and Pinkerton Academy.

2906
02:36:28,255 --> 02:36:30,365
We're probably not going to get to you this evening.

2907
02:36:32,315 --> 02:36:36,365
Pinkerton Academy. I know Pinkerton Academy.

2908
02:36:36,665 --> 02:36:39,205
So we're gonna take a motion, put you off

2909
02:36:39,205 --> 02:36:43,765
to the next meeting unless you have an

2910
02:36:43,765 --> 02:36:45,365
objection, but you can sit here.

2911
02:36:47,945 --> 02:36:49,605
You might be sitting here for two weeks.

2912
02:36:50,705 --> 02:36:52,205
That's actually the end of July.

2913
02:36:52,305 --> 02:36:56,965
That's case number 26 dash 1 18 26 1 19.

2914
02:36:57,145 --> 02:36:59,525
We won't get, I don't see us getting to you this evening.

2915
02:37:01,225 --> 02:37:02,685
Do you want go to the next meeting?

2916
02:37:05,515 --> 02:37:09,605
I'll have to. Okay, so we need a date certain

2917
02:37:10,985 --> 02:37:15,085
we will, Ms. Owen, I think we can leave that date open for

2918
02:37:15,685 --> 02:37:17,005
the discretion of Pinkerton.

2919
02:37:17,485 --> 02:37:20,285
Absolutely. And you know if we go too long then

2920
02:37:20,345 --> 02:37:21,485
you have to re-notice.

2921
02:37:21,625 --> 02:37:24,285
Yep. Just so you're aware. No problem.

2922
02:37:27,325 --> 02:37:30,545
Zo you here. All right, so we won't get to you tonight.

2923
02:37:30,545 --> 02:37:34,945
You wanna come back to the next meeting? Yeah. Okay.

2924
02:37:35,165 --> 02:37:36,265
We to, yep.

2925
02:37:36,335 --> 02:37:40,185
Okay, so gimme a motion for 26 1 1 8 please.

2926
02:37:41,195 --> 02:37:44,425
Table to the next meeting. So moved. Thank you.

2927
02:37:44,685 --> 02:37:46,785
Second please. I'll second. Thank you.

2928
02:37:47,445 --> 02:37:50,745
All in favor of that motion, say aye. Aye. Any opposed?

2929
02:37:50,745 --> 02:37:55,185
Hearing none. Case number 26 19

2930
02:37:55,295 --> 02:37:59,545
Pinkerton Academy tabled to the next scheduled meeting.

2931
02:38:00,425 --> 02:38:02,785
I have a motion for that please. I'll make the motion.

2932
02:38:02,845 --> 02:38:06,825
So Mr. Trip has that. Mr. Omba, you want a second?

2933
02:38:07,055 --> 02:38:09,665
I'll second. Very good, thank you. All in favor say aye.

2934
02:38:09,965 --> 02:38:12,105
Aye. A opposed? Alright.

2935
02:38:12,285 --> 02:38:14,425
So gentlemen, we have you scheduled for the next meeting

2936
02:38:14,805 --> 02:38:19,105
to stay in contact with code enforcement if you can't do

2937
02:38:19,105 --> 02:38:21,145
that, and we'll work out details afterwards.

2938
02:38:21,195 --> 02:38:24,025
Thank you for your patience. Sorry that's gone on so long.

2939
02:38:24,495 --> 02:38:27,505
Next case up is 26 dash hundred seven Michael

2940
02:38:27,605 --> 02:38:31,785
and Frannie, Greenberg Greenberg, family of local trust.

2941
02:38:32,565 --> 02:38:34,985
I'm gonna let an alternate set.

2942
02:38:35,455 --> 02:38:36,905
Very good. Mr.

2943
02:38:38,365 --> 02:38:40,465
Donlan, would you sit on this for me please?

2944
02:38:41,925 --> 02:38:43,905
Yes, Sir. All right folks,

2945
02:38:44,005 --> 02:38:45,665
how are you this evening? Fine, thanks.

2946
02:38:45,665 --> 02:38:47,705
Thank you. All right. Appreciate your time.

2947
02:38:47,705 --> 02:38:50,505
I'll to save critters, I presume. Yes. All right.

2948
02:38:50,505 --> 02:38:51,825
Everybody's doing that. So we ask

2949
02:38:51,825 --> 02:38:53,865
that you read the five criteria for the record.

2950
02:38:54,255 --> 02:38:56,865
Okay. And the faster you can go, the faster we can get out

2951
02:38:56,865 --> 02:38:57,865
Here.

2952
02:38:57,865 --> 02:38:58,225
Try and do it so you can read it.

2953
02:38:59,165 --> 02:39:01,545
The variance will not be contrary to the public interest

2954
02:39:01,545 --> 02:39:02,985
because the proposed use serves

2955
02:39:02,985 --> 02:39:04,225
as an important public benefit

2956
02:39:04,225 --> 02:39:07,425
through wildlife rehabilitation, environmental stewardship,

2957
02:39:07,425 --> 02:39:10,385
and educational outreach use supports the humane treatment,

2958
02:39:10,385 --> 02:39:13,105
medical care, rehabilitation and release of injured

2959
02:39:13,105 --> 02:39:14,505
or orphaned native wildlife,

2960
02:39:14,505 --> 02:39:16,265
while also providing community education

2961
02:39:16,535 --> 02:39:18,345
regarding responsible coexistence

2962
02:39:18,345 --> 02:39:20,065
with wildlife species throughout New Hampshire.

2963
02:39:21,135 --> 02:39:22,745
Millstone Wildlife Center works closely

2964
02:39:22,745 --> 02:39:24,585
with animal control officers across the state

2965
02:39:24,585 --> 02:39:26,865
by providing training and guidance related

2966
02:39:26,865 --> 02:39:29,185
to wildlife handling, triage, and rehabilitation.

2967
02:39:29,925 --> 02:39:32,305
Due to the organization's established reputation

2968
02:39:32,305 --> 02:39:33,905
and high level of a public engagement,

2969
02:39:34,175 --> 02:39:35,905
most on Wildlife Center also serves

2970
02:39:35,905 --> 02:39:38,505
as aig significant resource for New Hampshire Fish

2971
02:39:38,505 --> 02:39:39,905
and Game by helping to manage

2972
02:39:39,905 --> 02:39:41,585
and respond to public wildlife concerns.

2973
02:39:41,815 --> 02:39:44,825
Filling more than 8,000 public inquiries annually.

2974
02:39:45,885 --> 02:39:48,585
The spirits of the ordinance is observed because the spirit

2975
02:39:48,605 --> 02:39:51,065
and intent of the zoning ordinance are preserved

2976
02:39:51,065 --> 02:39:52,665
because the proposed use remains compatible

2977
02:39:52,665 --> 02:39:55,705
with the surrounding area and utilizes existing residential

2978
02:39:55,705 --> 02:39:57,065
and accessory structures in a manner

2979
02:39:57,065 --> 02:39:59,065
that minimizes impact on neighboring properties.

2980
02:39:59,765 --> 02:40:02,385
The zoning ordinance currently permits veterinary clinics in

2981
02:40:02,385 --> 02:40:04,465
the care and treatment of domestic and farm animals,

2982
02:40:04,765 --> 02:40:07,145
but does not specifically address licensed wildlife

2983
02:40:07,145 --> 02:40:08,385
rehabilitation facilities.

2984
02:40:08,965 --> 02:40:10,425
The provide use is similar in nature

2985
02:40:10,445 --> 02:40:13,365
to other permitted animal care uses while operating on a

2986
02:40:13,365 --> 02:40:14,445
smaller non-profit

2987
02:40:14,585 --> 02:40:17,285
and low intensity basis focused on temporary

2988
02:40:17,285 --> 02:40:18,565
rehabilitation and release.

2989
02:40:18,565 --> 02:40:20,045
Rather than any commercial activity.

2990
02:40:20,965 --> 02:40:22,245
Proposed use maintains the character

2991
02:40:22,245 --> 02:40:23,965
of the neighborhood providing an important public

2992
02:40:23,985 --> 02:40:25,045
and environmental benefit.

2993
02:40:26,595 --> 02:40:27,925
Substantial justice is done

2994
02:40:27,925 --> 02:40:30,085
because granting the variance allows an established

2995
02:40:30,085 --> 02:40:31,285
non-profit organization

2996
02:40:31,305 --> 02:40:33,485
to continue providing valuable public services

2997
02:40:33,825 --> 02:40:35,845
to the residents and wildlife of New Hampshire.

2998
02:40:36,615 --> 02:40:39,205
Since its inception, millstone Wildlife Center has assisted

2999
02:40:39,205 --> 02:40:40,965
more than 1000 dairy residents

3000
02:40:40,965 --> 02:40:42,925
through Wildlife Response Education

3001
02:40:42,925 --> 02:40:46,045
and rehabilitation services Organization also provides

3002
02:40:46,045 --> 02:40:48,085
opportunities for volunteerism, community service,

3003
02:40:48,465 --> 02:40:50,925
public education regarding coexistence

3004
02:40:50,925 --> 02:40:54,125
with the native wildlife, through ongoing coordination

3005
02:40:54,125 --> 02:40:55,365
with the dairy animal control officer

3006
02:40:55,385 --> 02:40:56,445
and other public agencies.

3007
02:40:56,515 --> 02:40:58,685
Most on Wildlife Center provides substantial value

3008
02:40:58,705 --> 02:40:59,965
and support to the town of dairy

3009
02:40:59,985 --> 02:41:01,165
and surrounding communities.

3010
02:41:02,145 --> 02:41:04,445
The values of surrounding property values are not diminished

3011
02:41:04,445 --> 02:41:06,885
because the proposed use will maintain the existing

3012
02:41:06,885 --> 02:41:09,045
residential character and appearance of the property.

3013
02:41:09,375 --> 02:41:11,365
Activities occur primarily indoors

3014
02:41:11,365 --> 02:41:14,485
and involve temporary wildlife rehabilitation rather than a

3015
02:41:14,685 --> 02:41:16,765
permanent animal housing or commercial animal boarding.

3016
02:41:17,475 --> 02:41:19,085
Most wildlife center will continue

3017
02:41:19,085 --> 02:41:20,245
to main the property in a clean,

3018
02:41:20,245 --> 02:41:21,525
orderly, and professional manner.

3019
02:41:21,905 --> 02:41:24,445
Manner operations are low impact in nature

3020
02:41:24,545 --> 02:41:26,885
and are expected to generate minimal traffic, noise,

3021
02:41:27,405 --> 02:41:28,645
lighting, or exterior activity.

3022
02:41:29,425 --> 02:41:30,525
The property will continue

3023
02:41:30,525 --> 02:41:32,085
to retain its residential appearance

3024
02:41:32,085 --> 02:41:34,125
and character consistent with the surrounding neighborhood.

3025
02:41:34,745 --> 02:41:36,365
Due to the limited intensity of the use,

3026
02:41:36,365 --> 02:41:37,605
the proposal is not expected.

3027
02:41:37,925 --> 02:41:39,605
Negatively affect surrounding property values.

3028
02:41:41,145 --> 02:41:43,605
Little enforcement of the ordinances would result in

3029
02:41:43,605 --> 02:41:44,685
an unnecessary hardship.

3030
02:41:45,345 --> 02:41:47,525
The property contains existing residential

3031
02:41:47,525 --> 02:41:50,685
and accessory structures uniquely suited, uniquely suited

3032
02:41:50,685 --> 02:41:51,765
to the proposed nonprofit.

3033
02:41:52,125 --> 02:41:54,645
Wildlife rehabilitation use the existing layout

3034
02:41:54,745 --> 02:41:57,725
and configuration, allow rehabilitation services activities

3035
02:41:57,725 --> 02:42:00,445
to occur in a controlled low impact setting without

3036
02:42:00,445 --> 02:42:02,165
requiring a substantial exterior development

3037
02:42:02,165 --> 02:42:03,485
or alteration to the property.

3038
02:42:04,425 --> 02:42:06,885
The property's existing configuration accessory buildings

3039
02:42:06,885 --> 02:42:09,445
and lock characteristics make it particularly well suited

3040
02:42:09,445 --> 02:42:12,485
for low intensity wildlife rehabilitation activities while

3041
02:42:12,485 --> 02:42:13,285
preserving the overall

3042
02:42:13,285 --> 02:42:14,645
character of the surrounding neighborhood.

3043
02:42:15,245 --> 02:42:16,805
Granting the requested variance will

3044
02:42:16,805 --> 02:42:18,085
therefore enable reasonable use

3045
02:42:18,085 --> 02:42:19,645
of the property in a manner consistent

3046
02:42:19,645 --> 02:42:21,685
with the public interest and compatible surrounding

3047
02:42:21,835 --> 02:42:26,365
area. Hopefully

3048
02:42:26,365 --> 02:42:27,725
That's, do you ever get any bears?

3049
02:42:28,975 --> 02:42:30,885
We're not licensed to do bear deer or moose.

3050
02:42:32,425 --> 02:42:34,885
That's a shame. All right.

3051
02:42:34,885 --> 02:42:36,845
So why don't you proceed and tell us what you're doing.

3052
02:42:38,705 --> 02:42:41,485
I'm Sorry, outside of the, outside of the scripted.

3053
02:42:42,105 --> 02:42:43,105
Yep.

3054
02:42:47,635 --> 02:42:51,365
Mill Stone Wildlife Center began in 2015.

3055
02:42:51,985 --> 02:42:55,365
We plan to bring in a few animals to our home.

3056
02:42:55,545 --> 02:42:58,205
We currently are up and running in Windham, New Hampshire.

3057
02:42:58,465 --> 02:43:00,405
Can you speak in the microphone? Yes.

3058
02:43:02,065 --> 02:43:03,565
We are in Wyndham, New Hampshire,

3059
02:43:03,715 --> 02:43:05,925
currently operating from our home.

3060
02:43:05,985 --> 02:43:07,525
We began in 2015.

3061
02:43:08,145 --> 02:43:10,525
We are fully licensed throughout

3062
02:43:11,315 --> 02:43:13,365
through New Hampshire Fish and Game.

3063
02:43:13,545 --> 02:43:15,245
We hold A-U-S-D-A license

3064
02:43:16,225 --> 02:43:19,365
and we are operating services for

3065
02:43:19,745 --> 02:43:22,125
to anyone in the state of New Hampshire

3066
02:43:22,125 --> 02:43:25,805
that is found an injured, orphaned or ill animal.

3067
02:43:26,425 --> 02:43:29,885
We bring them in. The goal is to treat and release.

3068
02:43:30,625 --> 02:43:32,525
We are not keeping them long term.

3069
02:43:32,635 --> 02:43:35,605
However, we do have a few animals that have been deemed

3070
02:43:35,745 --> 02:43:38,365
by a veterinarian to be non releasable,

3071
02:43:38,385 --> 02:43:41,765
but used, usable for program services.

3072
02:43:42,345 --> 02:43:46,085
The goal is to get them in to treat them as best we can.

3073
02:43:46,435 --> 02:43:49,765
Hopefully they're back to their 100% self

3074
02:43:49,865 --> 02:43:51,685
or close to it, and then we release.

3075
02:43:51,825 --> 02:43:54,725
So it's short term. We're not a nature center.

3076
02:43:54,865 --> 02:43:56,805
We don't invite people to come in.

3077
02:43:57,305 --> 02:44:01,805
Anyone who brings us an animal meets us in the driveway.

3078
02:44:02,075 --> 02:44:03,885
They do not come into the residence.

3079
02:44:04,425 --> 02:44:08,205
On this new property, we would use the residents

3080
02:44:08,545 --> 02:44:09,725
for a residence.

3081
02:44:10,015 --> 02:44:11,605
There are four outbuildings.

3082
02:44:11,705 --> 02:44:16,245
That's what would be used for this, the services we provide.

3083
02:44:16,465 --> 02:44:20,365
So giving medical care if it's an orphan,

3084
02:44:21,405 --> 02:44:24,125
training them to how to swim if you're a mink

3085
02:44:24,265 --> 02:44:29,085
or hunt for something, if that's part of your training.

3086
02:44:30,185 --> 02:44:32,925
So the existing property

3087
02:44:34,575 --> 02:44:39,085
would not announce to the public what we do.

3088
02:44:39,345 --> 02:44:42,085
We don't want people just stopping in

3089
02:44:42,635 --> 02:44:45,765
because we are, we don't have the ability

3090
02:44:45,905 --> 02:44:47,365
to have people see the animals.

3091
02:44:47,535 --> 02:44:49,845
We're asked often, can I bring my

3092
02:44:50,315 --> 02:44:52,445
granddaughter, can I bring someone?

3093
02:44:52,705 --> 02:44:54,005
No, the answer is no.

3094
02:44:55,025 --> 02:44:59,805
The animals that we have need to remain wild.

3095
02:45:00,345 --> 02:45:05,125
So they are cared for by volunteers, by veterinarians,

3096
02:45:05,305 --> 02:45:09,285
by people who are able to give food medication,

3097
02:45:09,665 --> 02:45:12,325
but we don't invite other people in to see.

3098
02:45:13,065 --> 02:45:17,085
So the property would be, it,

3099
02:45:17,085 --> 02:45:18,685
it's suited for that.

3100
02:45:19,305 --> 02:45:23,685
The outbuildings would be utilized, the animals treated

3101
02:45:23,825 --> 02:45:27,885
and released without hopefully even knowing we're there.

3102
02:45:28,385 --> 02:45:30,165
If you look at our current location,

3103
02:45:31,265 --> 02:45:32,405
you can see very little.

3104
02:45:32,625 --> 02:45:33,805
Our packet showed you

3105
02:45:33,955 --> 02:45:35,805
what it looks like from the front of the house.

3106
02:45:36,145 --> 02:45:39,845
People drive by saying, I am trying to get to you.

3107
02:45:39,935 --> 02:45:41,565
Where, where is this facility?

3108
02:45:42,015 --> 02:45:44,165
Where we're a house on a street?

3109
02:45:44,785 --> 02:45:49,125
And we make it a point to be so, so

3110
02:45:49,125 --> 02:45:52,525
that people don't think, aha, I've found bunnies,

3111
02:45:52,585 --> 02:45:54,565
I'm gonna just drop 'em on the doorstep and run.

3112
02:46:00,235 --> 02:46:03,895
All right. You made mention of program services.

3113
02:46:04,125 --> 02:46:07,695
What kind of services does your program sur survive provide?

3114
02:46:08,675 --> 02:46:13,445
We with a limited amount of programs, go out

3115
02:46:13,585 --> 02:46:18,325
to whatever that location is, whether it be girl Scouts

3116
02:46:18,505 --> 02:46:23,325
or where, what other schools or a senior center.

3117
02:46:24,265 --> 02:46:28,205
We are, are taking animals there.

3118
02:46:28,465 --> 02:46:31,405
We can't have people coming into us at this point.

3119
02:46:35,675 --> 02:46:39,205
Yeah. I I, in looking through your packet that you

3120
02:46:39,445 --> 02:46:42,525
provided, one of the things that I

3121
02:46:44,875 --> 02:46:49,525
thought that was interesting was the number

3122
02:46:49,525 --> 02:46:52,365
of animals and the type of animals you're allowed to

3123
02:46:53,715 --> 02:46:55,045
provide services to.

3124
02:46:55,465 --> 02:46:59,725
Yes. Could you enlighten us on that? Sure.

3125
02:47:00,115 --> 02:47:03,485
Last year we were up to almost 1500 animals.

3126
02:47:04,715 --> 02:47:09,045
1500. Yes, I did say that. In our home, they come in, have

3127
02:47:09,045 --> 02:47:11,005
1500 animals in your home.

3128
02:47:11,665 --> 02:47:15,205
Yes. Not all at one time through a they,

3129
02:47:15,355 --> 02:47:17,365
they come in, they're treated.

3130
02:47:17,545 --> 02:47:20,005
Now remember they could be tiny animals.

3131
02:47:20,385 --> 02:47:24,645
We had over 800 small little bunny rabbits.

3132
02:47:24,985 --> 02:47:28,085
So we're not talking about having our home

3133
02:47:28,115 --> 02:47:29,165
overrun with animals.

3134
02:47:29,215 --> 02:47:31,885
There are specific rooms. We are inspected.

3135
02:47:31,885 --> 02:47:36,205
Yesterday we had our USDA inspection. We are fully licensed.

3136
02:47:36,425 --> 02:47:38,365
We comply with all the regulations.

3137
02:47:38,795 --> 02:47:41,085
They come and they go, you may be there

3138
02:47:41,405 --> 02:47:43,285
for 48 hours for treatment.

3139
02:47:43,505 --> 02:47:47,125
So it's not like there's a big overlap with animals.

3140
02:47:47,225 --> 02:47:50,805
We do have baby season, remember, these animals are little,

3141
02:47:50,945 --> 02:47:52,925
but yes, our numbers are large.

3142
02:47:53,255 --> 02:47:56,525
We're there are not enough hovers in the state.

3143
02:47:56,825 --> 02:48:00,885
We feel the need to grow, to have another space to be able

3144
02:48:00,885 --> 02:48:03,805
to provide more to the, the people

3145
02:48:03,805 --> 02:48:05,285
that have found these animals.

3146
02:48:05,865 --> 02:48:08,445
We are also a service in part

3147
02:48:08,445 --> 02:48:10,165
of our mission is to answer the phone.

3148
02:48:10,625 --> 02:48:11,925
If you've mowed your lawn

3149
02:48:12,105 --> 02:48:13,805
and you've heard a bunny, what do you do?

3150
02:48:13,995 --> 02:48:18,045
There's not a lot of people that are gonna answer at 6:00 AM

3151
02:48:18,505 --> 02:48:20,925
or at 11 o'clock at night.

3152
02:48:21,205 --> 02:48:22,285
I will tell you what to do

3153
02:48:22,355 --> 02:48:24,045
with your bunnies when you call me

3154
02:48:24,225 --> 02:48:27,085
or with the fisher that's in your attic.

3155
02:48:27,105 --> 02:48:30,405
Or how do I, we we don't take your pests.

3156
02:48:30,425 --> 02:48:33,805
If you call and say, I have a woodchuck eating my romaine.

3157
02:48:34,095 --> 02:48:35,805
We'll talk to you about building a fence.

3158
02:48:36,205 --> 02:48:37,845
I don't collect animals.

3159
02:48:38,105 --> 02:48:40,565
We bring them in, we treat them, we release.

3160
02:48:41,545 --> 02:48:44,885
Unless that cannot be done comfortably.

3161
02:48:45,145 --> 02:48:47,885
And sometimes it's a sad conclusion.

3162
02:48:48,035 --> 02:48:52,285
Sometimes euthanasia is the kindest end for these animals.

3163
02:48:52,665 --> 02:48:54,445
So sometimes that is what happens.

3164
02:48:57,505 --> 02:49:00,005
One more. You said you had like

3165
02:49:00,115 --> 02:49:03,005
15, 14, 76, but yes.

3166
02:49:03,245 --> 02:49:07,085
1476. Now this was not all at once. No,

3167
02:49:07,545 --> 02:49:08,545
No, no, no.

3168
02:49:08,545 --> 02:49:10,805
So, so how many animals would you have on a,

3169
02:49:12,105 --> 02:49:13,845
at a maximum at your facility?

3170
02:49:13,865 --> 02:49:15,965
We don't have a, a maximum per se,

3171
02:49:16,265 --> 02:49:18,845
but this time, this is our busiest time of year.

3172
02:49:18,935 --> 02:49:22,045
Right now at last, last count was 111.

3173
02:49:22,945 --> 02:49:25,285
Now remember, many of those

3174
02:49:26,585 --> 02:49:28,165
fit in a single room

3175
02:49:28,985 --> 02:49:32,245
and we have rooms that are

3176
02:49:32,995 --> 02:49:34,445
divided from our homes.

3177
02:49:34,665 --> 02:49:38,245
So our, you know, our, our bedroom doesn't have

3178
02:49:40,005 --> 02:49:41,845
raccoons running through it or possums.

3179
02:49:42,105 --> 02:49:44,605
We have a small animals and incubators,

3180
02:49:45,665 --> 02:49:47,965
but that's, that's a number that

3181
02:49:48,625 --> 02:49:50,685
is not uncommon in May or June.

3182
02:49:51,865 --> 02:49:53,485
In the winter we have far fewer

3183
02:49:53,635 --> 02:49:55,605
because animals aren't having

3184
02:49:55,605 --> 02:49:57,445
babies in the middle of the winter.

3185
02:49:57,515 --> 02:50:00,845
What we're getting then is the animal that was hit by a car

3186
02:50:01,585 --> 02:50:04,205
is the animal that got stuck in your attic

3187
02:50:04,305 --> 02:50:06,045
or in somebody's glue trap.

3188
02:50:06,745 --> 02:50:08,765
So it's very seasonal.

3189
02:50:09,235 --> 02:50:11,845
Baby season starts now.

3190
02:50:11,925 --> 02:50:14,885
Temperatures are warmer and it starts a little earlier.

3191
02:50:15,865 --> 02:50:17,365
May and June are our busiest months.

3192
02:50:19,585 --> 02:50:21,765
Pardon the chair. I need to,

3193
02:50:21,765 --> 02:50:22,965
we get excused from this case.

3194
02:50:23,285 --> 02:50:26,125
Unfortunately, she came to the London A Rotary

3195
02:50:26,545 --> 02:50:28,685
and we were offering

3196
02:50:28,745 --> 02:50:32,205
up donations to them.

3197
02:50:32,305 --> 02:50:33,645
So I'm gonna step out of this one.

3198
02:50:34,635 --> 02:50:38,525
Okay. Okay. You don't mind if I excuse myself? Yeah,

3199
02:50:38,545 --> 02:50:39,565
You surely can.

3200
02:50:39,765 --> 02:50:43,485
Yeah. Thank you. Thank you. Anybody else have questions?

3201
02:50:44,085 --> 02:50:45,085
A question Ms. Moore,

3202
02:50:46,105 --> 02:50:50,085
On your USDA certificate, it says maximum number

3203
02:50:50,085 --> 02:50:52,165
of animals authorized is 50.

3204
02:50:52,665 --> 02:50:55,685
That's 50 animals that can't be released. Okay.

3205
02:50:55,685 --> 02:50:59,445
So the USDA regulates non releasable.

3206
02:51:00,145 --> 02:51:02,325
If I have 50 non releasable animals,

3207
02:51:02,505 --> 02:51:03,565
I'm gonna need a new license.

3208
02:51:03,835 --> 02:51:05,405
It's gonna be a new marriage license,

3209
02:51:05,945 --> 02:51:07,565
not a new USDA license.

3210
02:51:08,325 --> 02:51:12,445
I but you can USDA will grant you a permit to go hire.

3211
02:51:12,975 --> 02:51:17,685
We've got up to 50 Currently I have no non no ambassador.

3212
02:51:18,035 --> 02:51:20,765
There's, which is different than non releasable.

3213
02:51:20,765 --> 02:51:23,765
Currently we have none. We've released everyone.

3214
02:51:24,355 --> 02:51:27,845
Okay. I would not be able to release. So

3215
02:51:28,755 --> 02:51:29,885
Anybody down the left?

3216
02:51:30,485 --> 02:51:33,965
I do. So you had said earlier that you were gonna use it

3217
02:51:34,065 --> 02:51:35,165
as a residence.

3218
02:51:36,945 --> 02:51:38,605
For whom? Are you guys moving to Derry?

3219
02:51:38,655 --> 02:51:41,165
We're not moving, no, we're staying put

3220
02:51:41,625 --> 02:51:43,405
but we will rent it.

3221
02:51:43,585 --> 02:51:47,405
So there's, the plan is to have somebody affiliated

3222
02:51:47,475 --> 02:51:48,565
with our organization.

3223
02:51:48,955 --> 02:51:51,205
Okay. So that there's somebody on site

3224
02:51:51,545 --> 02:51:55,365
and long-term, it's really a long-term plan for us as well.

3225
02:51:55,495 --> 02:51:56,925
We're not 40 years old.

3226
02:51:57,785 --> 02:52:00,405
We would very much like to find ways

3227
02:52:00,505 --> 02:52:03,165
for Millstone Wildlife Center to continue

3228
02:52:03,625 --> 02:52:05,725
and when we do not have the ability

3229
02:52:05,865 --> 02:52:09,725
to work 365 days a year all day, all night,

3230
02:52:11,575 --> 02:52:13,525
we'll have other people doing that.

3231
02:52:14,065 --> 02:52:18,565
But there would be somebody in the home using it as a home.

3232
02:52:19,185 --> 02:52:22,005
And at some point it might be compensation for,

3233
02:52:22,385 --> 02:52:25,165
for the people that we don't get paid.

3234
02:52:25,215 --> 02:52:28,885
We're not paid by town government.

3235
02:52:29,225 --> 02:52:30,445
We receive no salary

3236
02:52:30,945 --> 02:52:35,325
and Millstone Wildlife Center board, if they'd like

3237
02:52:35,325 --> 02:52:39,205
to compensate somebody in the future being a director could

3238
02:52:39,275 --> 02:52:41,125
potentially offer housing.

3239
02:52:41,305 --> 02:52:42,305
Say

3240
02:52:45,145 --> 02:52:46,285
All set. Anything else? I do.

3241
02:52:47,255 --> 02:52:48,525
We're at 9 59.

3242
02:52:49,075 --> 02:52:53,565
Okay. I'll take a motion to extend 15. So moved. Vote.

3243
02:52:53,785 --> 02:52:56,885
Oh, sorry. Mr. Donlin, you want a second? Mr. Moore?

3244
02:52:57,195 --> 02:52:58,445
I'll second it. Thank you.

3245
02:52:58,785 --> 02:53:01,765
All in favor of extension say aye. Aye. Aye. Aye.

3246
02:53:01,765 --> 02:53:04,885
Any opposed? Hearing none. Go ahead. You all set? Mr.

3247
02:53:04,985 --> 02:53:09,125
Donlan? Yes sir. Mr. Anthony, no questions.

3248
02:53:09,125 --> 02:53:12,485
Thank, I'm sorry.

3249
02:53:12,505 --> 02:53:16,205
Mr. Henry and Mr. Bumba, you all set? I

3250
02:53:16,205 --> 02:53:17,205
Think Mr.

3251
02:53:17,205 --> 02:53:18,365
Donlan asked, I wanted to know

3252
02:53:20,105 --> 02:53:22,285
how they're gonna maintain the two properties,

3253
02:53:22,385 --> 02:53:25,725
the house in Windham and this one here in Derry, but

3254
02:53:26,765 --> 02:53:27,765
Maintain it.

3255
02:53:27,765 --> 02:53:28,525
In what way? Like

3256
02:53:29,445 --> 02:53:31,685
I think residency wise are you guys gonna move

3257
02:53:31,685 --> 02:53:33,085
into Derry to the new property?

3258
02:53:33,385 --> 02:53:35,685
But he asked. Okay. Once, thank you.

3259
02:53:37,275 --> 02:53:39,445
I'll set Mr. Emba. I am Mr. Chair.

3260
02:53:39,445 --> 02:53:44,085
Okay, good enough. Anybody else have any questions? Mr.

3261
02:53:44,155 --> 02:53:45,155
Trip?

3262
02:53:45,905 --> 02:53:49,005
So you do not intend to live here,

3263
02:53:49,755 --> 02:53:50,755
Correct?

3264
02:53:51,065 --> 02:53:54,605
You, you're going to continue to operate your other

3265
02:53:57,745 --> 02:53:59,845
rehabilitation center in Wyndham.

3266
02:54:00,905 --> 02:54:04,205
So you would rely on volunteers?

3267
02:54:05,435 --> 02:54:08,605
Well, there are two of us. So we figured in

3268
02:54:08,605 --> 02:54:09,605
1500 animals.

3269
02:54:10,025 --> 02:54:12,085
Pardon Me. And 1500 animals.

3270
02:54:12,785 --> 02:54:16,565
Yes. Not all the same time. So, but,

3271
02:54:18,065 --> 02:54:19,485
And we do use volunteers.

3272
02:54:19,625 --> 02:54:23,965
We have about 40 regular volunteers that staff what we do.

3273
02:54:25,185 --> 02:54:29,725
Now, that's a lot of that is in these busy times we

3274
02:54:30,435 --> 02:54:33,885
give college opportunity, college credit

3275
02:54:34,795 --> 02:54:39,205
opportunity to, currently we have 10 different interns

3276
02:54:39,235 --> 02:54:43,405
that come and they're learning how to care for these animals

3277
02:54:43,825 --> 02:54:46,085
and they help with the work.

3278
02:54:46,665 --> 02:54:47,965
So that would be part of it.

3279
02:54:48,745 --> 02:54:53,365
But yes, we would have, there would be someone over there

3280
02:54:54,035 --> 02:54:56,365
will remain as headquarters.

3281
02:54:56,785 --> 02:54:59,565
All the animals come to the Wyndham location.

3282
02:55:00,345 --> 02:55:04,445
It could be that a possums go to

3283
02:55:04,445 --> 02:55:08,845
that location are in the barn or are in the garage and,

3284
02:55:09,305 --> 02:55:10,645
but they start in one place.

3285
02:55:10,825 --> 02:55:12,565
But they're given veterinary care.

3286
02:55:12,665 --> 02:55:14,965
We have veterinarians that come directly to us

3287
02:55:15,585 --> 02:55:16,885
and would do both sites.

3288
02:55:17,315 --> 02:55:20,805
Yeah, well I,

3289
02:55:21,245 --> 02:55:24,605
I have had neighbors that had chickens

3290
02:55:25,625 --> 02:55:29,085
and they didn't have a hundred of them,

3291
02:55:29,945 --> 02:55:31,725
but they had enough that

3292
02:55:34,225 --> 02:55:38,805
the noise and the smell

3293
02:55:40,065 --> 02:55:42,205
and other things

3294
02:55:43,795 --> 02:55:45,965
were noticeable.

3295
02:55:46,825 --> 02:55:50,845
So how do you deal with that sort of thing?

3296
02:55:51,355 --> 02:55:54,245
Well if you ask our neighbors they will tell you they're

3297
02:55:54,245 --> 02:55:55,365
not hearing our animals.

3298
02:55:55,815 --> 02:55:58,085
While the animals tend

3299
02:55:58,085 --> 02:56:00,325
to be very quiet so they're not noticed.

3300
02:56:02,555 --> 02:56:06,605
Your neighborhood fox that walks through your yard

3301
02:56:07,065 --> 02:56:11,685
during mating season will make as much noise as a possums

3302
02:56:11,705 --> 02:56:15,085
who make very little noise or bunnies who make no noise

3303
02:56:15,345 --> 02:56:17,525
or noise hasn't been an issue.

3304
02:56:18,065 --> 02:56:21,885
We keep our cleaning standards at the utmost

3305
02:56:24,025 --> 02:56:28,125
so that smell is not an issue and noise is not an issue.

3306
02:56:28,865 --> 02:56:31,285
So many of those animals

3307
02:56:31,285 --> 02:56:35,365
that we do are tiny little incubator based animals

3308
02:56:36,265 --> 02:56:40,405
and they don't make too much noise.

3309
02:56:40,725 --> 02:56:42,885
I mean, yes, when woodchucks are hungry,

3310
02:56:43,025 --> 02:56:44,925
little woodchucks will scream.

3311
02:56:44,925 --> 02:56:46,605
They're called whistle pigs for a reason.

3312
02:56:46,715 --> 02:56:48,285
They will whistle and tell you it's

3313
02:56:48,285 --> 02:56:49,765
time, but they're in my house.

3314
02:56:50,175 --> 02:56:51,605
Right. Well thank you. Sure.

3315
02:56:52,025 --> 02:56:55,525
So what is the licensing criteria that you, that you deal

3316
02:56:55,525 --> 02:56:57,805
with or is, or is appropriate here?

3317
02:56:57,805 --> 02:57:01,325
You don't rehab bears, do you rehab deer? Do you know what's

3318
02:57:01,465 --> 02:57:02,885
We do mammals.

3319
02:57:03,065 --> 02:57:06,725
We can go any size. We can start as small as we want.

3320
02:57:06,905 --> 02:57:09,685
We go up. We can't do deer bear

3321
02:57:09,685 --> 02:57:12,925
and moose other than that, if it's a mamm, no deer

3322
02:57:13,475 --> 02:57:14,765
bear or moose,

3323
02:57:16,715 --> 02:57:18,525
Primarily game animals. So

3324
02:57:19,255 --> 02:57:20,255
Right.

3325
02:57:21,115 --> 02:57:23,845
What we see most, we had as I mentioned,

3326
02:57:24,335 --> 02:57:26,965
800 eastern cottontail rabbits.

3327
02:57:27,305 --> 02:57:28,525
We do a lot of squirrels.

3328
02:57:28,865 --> 02:57:31,205
We do a couple hundred a possums,

3329
02:57:32,985 --> 02:57:34,005
all the other species.

3330
02:57:34,265 --> 02:57:36,845
But of course some we don't see very often.

3331
02:57:36,845 --> 02:57:38,125
There are not that many out there.

3332
02:57:38,155 --> 02:57:40,125
It's been years since we've had a fissure.

3333
02:57:40,825 --> 02:57:43,125
We have one weasel in our care right now.

3334
02:57:43,325 --> 02:57:44,485
A long tailed weasel.

3335
02:57:44,505 --> 02:57:47,525
We have two mink, but they, those of course,

3336
02:57:48,905 --> 02:57:52,285
you know you need a much different facility than if I had

3337
02:57:52,315 --> 02:57:54,725
1500 white-tailed deer.

3338
02:57:55,275 --> 02:57:57,725
Okay. I think that might help with the answer

3339
02:57:57,785 --> 02:58:00,045
of odor and noise.

3340
02:58:00,045 --> 02:58:01,085
Right. Mr.

3341
02:58:01,545 --> 02:58:02,845
Mr. Chair, I have another question, Mr.

3342
02:58:05,625 --> 02:58:08,925
In the residence itself, given that there'll be

3343
02:58:09,925 --> 02:58:11,885
a reasonable amount of people in theory

3344
02:58:11,995 --> 02:58:13,165
between the volunteers

3345
02:58:13,185 --> 02:58:15,565
and the vets, I would assume a certain amount

3346
02:58:15,565 --> 02:58:17,085
of vehicles would come along with that.

3347
02:58:17,905 --> 02:58:21,125
Is there adequate off street or adequate parking?

3348
02:58:22,235 --> 02:58:26,205
This property is, I don't know what the right word, zoned

3349
02:58:26,225 --> 02:58:28,525
or when it's listed

3350
02:58:28,745 --> 02:58:31,245
as being a 10 car driveway.

3351
02:58:32,025 --> 02:58:35,005
So that's, we don't have that many cars there at one time.

3352
02:58:35,385 --> 02:58:38,845
We stagger our volunteers so they come

3353
02:58:38,945 --> 02:58:40,645
and they go throughout the day.

3354
02:58:40,865 --> 02:58:45,805
But there is ample opportunity to park within the driveway.

3355
02:58:46,095 --> 02:58:50,845
Thank you. Okay, everybody else set? Alright Ms.

3356
02:58:50,875 --> 02:58:52,965
Olin, you want to give us your staff report?

3357
02:58:53,315 --> 02:58:54,325
Certainly. Thank you.

3358
02:58:55,745 --> 02:58:58,525
As applicant stated, they are requesting a variance

3359
02:58:58,545 --> 02:59:02,325
to allow wildlife rehabilitation center use at the property.

3360
02:59:03,065 --> 02:59:06,485
The current property is approximately 1.52 acres

3361
02:59:06,825 --> 02:59:09,365
and contains an existing single family residence

3362
02:59:09,785 --> 02:59:12,285
and multiple accessory structures including a barn

3363
02:59:12,285 --> 02:59:15,525
that was converted into a living space, a garage,

3364
02:59:15,545 --> 02:59:16,605
and multiple sheds.

3365
02:59:17,105 --> 02:59:19,045
The property is located in the medium density

3366
02:59:19,155 --> 02:59:20,445
residential district.

3367
02:59:21,125 --> 02:59:24,525
A wildlife rehabilitation center use is not specifically

3368
02:59:24,525 --> 02:59:26,125
defined in the town of der zoning.

3369
02:59:26,125 --> 02:59:29,125
Ordinance is not a permitted use in the zoning district.

3370
02:59:29,905 --> 02:59:33,485
It also does not meet their definition of a home occupation.

3371
02:59:33,755 --> 02:59:35,965
Therefore a variance is being requested this evening.

3372
02:59:37,185 --> 02:59:38,205
The proposed business,

3373
02:59:38,305 --> 02:59:43,125
as the applicant had stated will operate, sorry,

3374
02:59:43,125 --> 02:59:46,045
will operate as a rehabilitation center focused on providing

3375
02:59:46,325 --> 02:59:48,285
temporary care and recovery for wildlife.

3376
02:59:48,435 --> 02:59:50,845
With the goal of releasing the animals back into the wild.

3377
02:59:51,505 --> 02:59:53,565
The operations on site are proposed

3378
02:59:53,565 --> 02:59:56,485
to occur primarily indoors within the existing

3379
02:59:56,725 --> 02:59:58,085
structures on the property.

3380
02:59:59,225 --> 03:00:01,925
It is recommended that planning board site plan

3381
03:00:02,165 --> 03:00:06,725
determination, approval to, to kind of capture the

3382
03:00:07,245 --> 03:00:10,445
existing site, the existing structures on the property

3383
03:00:10,665 --> 03:00:13,085
and to capture the use on the property

3384
03:00:13,145 --> 03:00:14,245
if it is approved this evening.

3385
03:00:14,885 --> 03:00:18,045
And there are pictures on the file in, in the file of the

3386
03:00:18,205 --> 03:00:19,205
Property.

3387
03:00:19,205 --> 03:00:20,765
And did you indicate you'd like a a site

3388
03:00:20,765 --> 03:00:21,885
plan? That's what I heard

3389
03:00:21,885 --> 03:00:23,285
You site plan determination?

3390
03:00:23,285 --> 03:00:24,285
Correct. Okay.

3391
03:00:27,915 --> 03:00:31,405
Alright. Any questions for code enforcement from anyone?

3392
03:00:33,845 --> 03:00:35,455
Okay, I'm hearing nothing there.

3393
03:00:35,745 --> 03:00:37,295
Let's take a call to the public

3394
03:00:37,315 --> 03:00:38,455
to see what they have to say.

3395
03:00:38,455 --> 03:00:41,415
Anybody wishes to speak in the affirmative?

3396
03:00:41,815 --> 03:00:42,855
Please come forward.

3397
03:00:44,435 --> 03:00:47,055
We have somebody racing up and then you can be second sir.

3398
03:00:47,645 --> 03:00:48,615
Okay. You can talk.

3399
03:00:55,635 --> 03:00:59,055
Is that mic on Mr. Bennett? Very good name and

3400
03:00:59,785 --> 03:01:00,785
My name is Mark pil.

3401
03:01:00,945 --> 03:01:04,005
I'm actually representing a friend of ours

3402
03:01:04,005 --> 03:01:06,045
who couldn't make it tonight because she's at work.

3403
03:01:06,865 --> 03:01:08,245
Her name is Nancy Webb

3404
03:01:08,425 --> 03:01:11,405
and she lives at 25 Maxwell Drive in dairy

3405
03:01:13,045 --> 03:01:14,845
and as I said, she's at work so she wasn't able

3406
03:01:14,845 --> 03:01:16,365
to hear be here.

3407
03:01:16,585 --> 03:01:19,925
She says she's lived in Derry for over 40 years and

3408
03:01:20,185 --> 03:01:23,125
and living next to the Rockingham Recreational Trail,

3409
03:01:23,515 --> 03:01:25,645
have been thrilled to live among the diversity

3410
03:01:25,705 --> 03:01:26,965
of wildlife in our area.

3411
03:01:27,505 --> 03:01:30,325
As such, I have been following the Millstone Wildlife Center

3412
03:01:30,345 --> 03:01:32,405
for several years, both on Facebook

3413
03:01:32,405 --> 03:01:34,845
and through friends who volunteer at Millstone.

3414
03:01:35,565 --> 03:01:38,805
I was so proud when two possums whom Millstone had

3415
03:01:38,805 --> 03:01:41,245
rehabilitated from injuries were allowed

3416
03:01:41,245 --> 03:01:43,645
to be released on my property back into the

3417
03:01:43,645 --> 03:01:44,725
wild where they belong.

3418
03:01:45,885 --> 03:01:46,885
I was excited to learn

3419
03:01:46,885 --> 03:01:49,045
that Millstone Wildlife Center is planning

3420
03:01:49,065 --> 03:01:50,125
to expand into dairy.

3421
03:01:50,725 --> 03:01:54,285
I understand that last year they helped over 1500 injured

3422
03:01:54,505 --> 03:01:58,045
or orphan wild animals and look forward to the property

3423
03:01:58,065 --> 03:02:00,685
and dairy, allowing them to continue their mission

3424
03:02:00,785 --> 03:02:02,125
and commitment into the future

3425
03:02:02,545 --> 03:02:04,845
and help even more New Hampshire wild animals.

3426
03:02:05,305 --> 03:02:07,405
Signed Nancy J. Webb. Very

3427
03:02:07,405 --> 03:02:08,405
Good.

3428
03:02:08,405 --> 03:02:08,685
Alright, thank you sir.

3429
03:02:13,455 --> 03:02:18,085
Thank you. I'm Erica Leon, 84 Shanita Road. I'm coming up.

3430
03:02:18,165 --> 03:02:20,285
I was expecting to be in a lot stronger support.

3431
03:02:20,285 --> 03:02:22,205
Some other questions have been raised here,

3432
03:02:22,945 --> 03:02:25,325
but just for some background, I'm a state representative.

3433
03:02:25,505 --> 03:02:26,925
I'm vice chair of the joint Legislative

3434
03:02:26,925 --> 03:02:28,045
Committee on administrative rules.

3435
03:02:28,585 --> 03:02:31,245
So when my neighbors had questions, I dug into the rules

3436
03:02:31,365 --> 03:02:34,605
around wildlife rehabilitation to understand what the laws,

3437
03:02:34,605 --> 03:02:35,845
rules, regulations are.

3438
03:02:36,645 --> 03:02:38,485
I also spoke to Colonel Jordan from

3439
03:02:38,485 --> 03:02:39,645
the Fish and Game department.

3440
03:02:40,465 --> 03:02:43,085
So the biggest concerns that I heard from my neighbors were

3441
03:02:43,085 --> 03:02:44,925
around parking and just around the noise

3442
03:02:44,925 --> 03:02:46,365
and mess that may come from animals.

3443
03:02:47,045 --> 03:02:49,365
I understand that under the fish

3444
03:02:49,365 --> 03:02:52,565
and game rules in the permitting process, if there's noise

3445
03:02:52,565 --> 03:02:54,285
and mess, that's going to be outside

3446
03:02:54,285 --> 03:02:55,845
of the permitted application.

3447
03:02:56,425 --> 03:02:59,845
And if people start hearing, if there starts to be problems

3448
03:02:59,845 --> 03:03:01,445
with that, that's gonna be an issue

3449
03:03:01,445 --> 03:03:02,765
that's taken up with fish and game.

3450
03:03:03,425 --> 03:03:05,325
Not really an issue with the town.

3451
03:03:05,725 --> 03:03:08,405
I do wanna say that Colonel Jordan said that you are one

3452
03:03:08,405 --> 03:03:11,005
of the best life rehabilitators in the state

3453
03:03:11,465 --> 03:03:13,365
and that you are a model rehabilitator.

3454
03:03:13,625 --> 03:03:16,845
So that makes me feel very good about this whole process.

3455
03:03:18,705 --> 03:03:21,565
It did, it sounded like the request was not

3456
03:03:21,745 --> 03:03:23,765
for a fixed location exhibition

3457
03:03:24,075 --> 03:03:26,925
because if this variance is, is

3458
03:03:26,985 --> 03:03:28,925
for the wildlife rehabilitation

3459
03:03:30,185 --> 03:03:34,885
and potentially the site for the wildlife, sorry,

3460
03:03:34,905 --> 03:03:38,045
the one that's under fish and game eight 10, the wildlife

3461
03:03:39,535 --> 03:03:42,565
exhibition permit, that's based on the rotating locations.

3462
03:03:43,295 --> 03:03:45,485
Right now, I believe the permit that you have

3463
03:03:45,705 --> 03:03:48,405
for the exhibition is for, it was either five

3464
03:03:48,405 --> 03:03:50,445
or seven animals and you haven't done any ex

3465
03:03:50,795 --> 03:03:51,965
expositions with anybody.

3466
03:03:52,105 --> 03:03:53,485
So you're sort of a low footprint.

3467
03:03:53,955 --> 03:03:55,645
It's not like you have traffic coming in.

3468
03:03:55,905 --> 03:03:58,085
It would be a pretty significant change of use

3469
03:03:58,225 --> 03:04:01,645
to turn it into an exhibition center, a fixed location.

3470
03:04:02,385 --> 03:04:03,805
And so I would just ask that,

3471
03:04:03,915 --> 03:04:05,845
that the variance be specifically not

3472
03:04:05,845 --> 03:04:07,165
to include a fixed location

3473
03:04:07,165 --> 03:04:09,165
because that brings up the traffic issues

3474
03:04:09,515 --> 03:04:11,485
that the neighbors are highly concerned about.

3475
03:04:13,625 --> 03:04:15,885
So that's, that's one of my biggest concerns.

3476
03:04:16,025 --> 03:04:18,365
And also I don't think that the laws

3477
03:04:18,365 --> 03:04:21,645
and rules around wildlife rehabilitation centers really

3478
03:04:22,045 --> 03:04:24,445
considered the idea of this becoming a satellite location.

3479
03:04:25,125 --> 03:04:27,245
That's one where I'm gonna go back up there

3480
03:04:27,245 --> 03:04:30,085
and talk to some people and see really what the intent was

3481
03:04:30,225 --> 03:04:33,245
around the laws and the rules for wildlife rehabilitation.

3482
03:04:33,355 --> 03:04:37,405
Because this is the sort of thing that can sort of cascade

3483
03:04:37,905 --> 03:04:39,685
and snowball as it moves forward.

3484
03:04:39,905 --> 03:04:41,485
You know, you're some of the model people

3485
03:04:41,485 --> 03:04:42,565
that do this in the state.

3486
03:04:43,235 --> 03:04:45,165
Just the question is where it can go from here.

3487
03:04:45,625 --> 03:04:48,325
But I I I do feel comforted knowing

3488
03:04:48,325 --> 03:04:51,005
that in the permit process there needs

3489
03:04:51,005 --> 03:04:53,805
to be the general conditions just to make sure that,

3490
03:04:54,185 --> 03:04:57,765
you know, there's the, the, the cages of sufficient size.

3491
03:04:57,875 --> 03:05:00,405
They allow full freedom of movement and exercise.

3492
03:05:00,405 --> 03:05:01,925
They're clean and well ventilated.

3493
03:05:02,395 --> 03:05:05,965
They're in quiet surroundings only accessible to premieres

3494
03:05:05,985 --> 03:05:08,325
and assistance and they comply

3495
03:05:08,325 --> 03:05:11,245
with some other federal regulations around it

3496
03:05:11,515 --> 03:05:13,445
that they'd be released as soon as they're able

3497
03:05:13,465 --> 03:05:16,165
to be released within the natural habitat.

3498
03:05:16,585 --> 03:05:19,485
And considering that we maintain quite a few acres

3499
03:05:19,485 --> 03:05:22,325
of woods close by to you, I'm also happy to know

3500
03:05:22,325 --> 03:05:24,885
that you can't release it without specific permission

3501
03:05:24,885 --> 03:05:26,005
of the executive director.

3502
03:05:26,065 --> 03:05:28,965
So you won't be released the bunny net rabbits right next

3503
03:05:28,965 --> 03:05:30,805
to my neighbor who's growing their garden.

3504
03:05:31,195 --> 03:05:33,885
This'll be in a place where it's well agreed upon,

3505
03:05:34,085 --> 03:05:35,365
I believe with the property owners.

3506
03:05:35,985 --> 03:05:37,045
So a lot

3507
03:05:37,045 --> 03:05:39,325
of the different concerns I think are already handled

3508
03:05:39,335 --> 03:05:40,885
under state regulation.

3509
03:05:41,305 --> 03:05:45,125
But I do come back to the question about that, the idea

3510
03:05:45,125 --> 03:05:48,685
of having the variance not include the fixed exhibition

3511
03:05:48,685 --> 03:05:52,165
because that would be a significant change from

3512
03:05:52,165 --> 03:05:53,925
what you're already doing and could be a change

3513
03:05:53,925 --> 03:05:55,205
to the character of the neighborhood.

3514
03:05:55,685 --> 03:05:59,245
Especially because wildlife rehabilitation is not included

3515
03:05:59,245 --> 03:06:01,485
in the statutory definition of agriculture.

3516
03:06:01,785 --> 03:06:03,925
So it doesn't meet those exemptions for agriculture.

3517
03:06:04,505 --> 03:06:08,605
But from what I've heard, you do a fantastic job.

3518
03:06:09,045 --> 03:06:11,005
I was hoping you were gonna actually be our neighbors

3519
03:06:11,005 --> 03:06:13,165
because if you were going to actually be our neighbors,

3520
03:06:13,165 --> 03:06:14,485
there'd be fewer of these questions.

3521
03:06:15,065 --> 03:06:16,065
But,

3522
03:06:16,425 --> 03:06:20,085
So I'm not totally clear on the fixed exhibition issue

3523
03:06:20,085 --> 03:06:22,325
that you're, that you're mentioning and,

3524
03:06:22,745 --> 03:06:24,325
and the clarity. So,

3525
03:06:24,465 --> 03:06:27,525
So clarity on that is when you have an exhibition license

3526
03:06:27,715 --> 03:06:30,325
from Fish and Game, you can either have it at a site

3527
03:06:30,325 --> 03:06:33,285
where people come into your site, that's one

3528
03:06:33,285 --> 03:06:34,805
where you would have traffic coming in,

3529
03:06:34,805 --> 03:06:37,005
people visiting in order to see the animals.

3530
03:06:37,075 --> 03:06:38,965
Something like wildlife encounters

3531
03:06:39,025 --> 03:06:41,645
or something else where people come to your site

3532
03:06:42,955 --> 03:06:45,525
that is very different than the one where they travel

3533
03:06:45,665 --> 03:06:48,045
and take it, take it to other locations just

3534
03:06:48,045 --> 03:06:50,165
as it was discussed, bringing it to the Girl Scouts

3535
03:06:50,385 --> 03:06:51,645
or bringing it to the rotary

3536
03:06:52,245 --> 03:06:55,285
because if you're taking the animals offsite, there's less

3537
03:06:55,285 --> 03:06:59,165
of an impact at the location that's going places on request.

3538
03:06:59,385 --> 03:07:00,445
If it's a fixed site

3539
03:07:00,825 --> 03:07:03,365
and you're having people come in, look at the animals,

3540
03:07:03,395 --> 03:07:04,725
then you have a lot more traffic.

3541
03:07:05,145 --> 03:07:06,765
And if that's not what the request is,

3542
03:07:07,005 --> 03:07:08,525
I would think keeping the variance limited

3543
03:07:08,585 --> 03:07:12,605
to the actual request would eliminate a lot

3544
03:07:12,605 --> 03:07:15,125
of the neighborhood concerns about the traffic.

3545
03:07:15,485 --> 03:07:17,125
I mean, with a hundred bunnies at a time,

3546
03:07:17,395 --> 03:07:18,805
there's probably gonna be a lot

3547
03:07:18,805 --> 03:07:20,245
of cars dropping that off as well.

3548
03:07:20,345 --> 03:07:23,125
So I, I'm hopeful that also something around the cars

3549
03:07:23,185 --> 03:07:25,445
and that consideration is part of the variance.

3550
03:07:27,585 --> 03:07:29,485
But without wildlife rehabilitators,

3551
03:07:29,985 --> 03:07:31,485
all we can do is eat the animals

3552
03:07:31,585 --> 03:07:32,605
and while they're tasty,

3553
03:07:32,915 --> 03:07:34,245
it'd be nice to be able to save them.

3554
03:07:35,725 --> 03:07:37,685
I do have a question, not for Erica,

3555
03:07:37,945 --> 03:07:39,605
but it brought up a different question.

3556
03:07:39,995 --> 03:07:44,565
When an animal expires, do you have to report it to somebody

3557
03:07:44,825 --> 03:07:46,285
and what do you do with their body?

3558
03:07:47,065 --> 03:07:51,125
We do a yearly report on every animal that comes in.

3559
03:07:51,265 --> 03:07:54,725
We have to tell the state who brought it, what,

3560
03:07:54,775 --> 03:07:57,525
where they found it, how long they had it,

3561
03:07:57,545 --> 03:08:01,565
did it bite someone, did it scratch someone with that goes

3562
03:08:02,225 --> 03:08:05,125
the, the disposition of it was it released,

3563
03:08:05,175 --> 03:08:06,445
where was it released?

3564
03:08:06,585 --> 03:08:09,885
So there is record of every animal that comes to us

3565
03:08:10,625 --> 03:08:12,005
if an animal doesn't live

3566
03:08:12,505 --> 03:08:14,045
and you're all imagining

3567
03:08:14,115 --> 03:08:16,525
that we're repopulating New Hampshire

3568
03:08:16,525 --> 03:08:20,965
with eastern cottontail, we're not, they are a very,

3569
03:08:21,035 --> 03:08:23,765
very difficult species to rehabilitate.

3570
03:08:24,035 --> 03:08:25,965
They stress, they have heart attacks.

3571
03:08:26,425 --> 03:08:27,885
So we do have a lot

3572
03:08:27,885 --> 03:08:32,245
of unfortunate deaths in our bunny incubators.

3573
03:08:33,345 --> 03:08:38,325
We feel strongly that when possible we feed wild food,

3574
03:08:38,385 --> 03:08:41,165
the, the appropriate food to another animal

3575
03:08:41,165 --> 03:08:43,285
that might normally eat rapid.

3576
03:08:43,945 --> 03:08:47,685
If the animal that passed was an ill, if it died

3577
03:08:47,685 --> 03:08:50,765
because you know it has a puncture wound

3578
03:08:50,865 --> 03:08:54,325
or it was hit by a car, we're able to use that

3579
03:08:54,425 --> 03:08:57,565
and feed our other animals so that a lot of that goes

3580
03:08:58,585 --> 03:09:02,485
to feeding when not if it's an animal that has to go

3581
03:09:02,545 --> 03:09:06,685
to the vet's office to be euthanized, the veterinarians

3582
03:09:07,195 --> 03:09:11,325
will put them into the cremation with other, other animals.

3583
03:09:11,465 --> 03:09:15,325
We don't get those ashes back. So it potentially goes there.

3584
03:09:15,865 --> 03:09:19,325
We utilize animal control officers, they help at times

3585
03:09:19,395 --> 03:09:21,805
with euthanasia and,

3586
03:09:22,185 --> 03:09:25,565
and thereto those bodies are disposed of

3587
03:09:26,025 --> 03:09:28,125
as any animal control officer would.

3588
03:09:28,125 --> 03:09:30,445
Depending on the town they have different locations.

3589
03:09:30,935 --> 03:09:33,765
Those are the two, those are two very common ways.

3590
03:09:34,015 --> 03:09:36,245
Three actually. 'cause we talked about food source

3591
03:09:36,785 --> 03:09:39,445
of disposing of bodies that can't be released.

3592
03:09:39,915 --> 03:09:41,165
Okay, Thank you.

3593
03:09:42,075 --> 03:09:43,605
Okay, I have another extension please.

3594
03:09:45,705 --> 03:09:48,525
Mr. Chair, I'd make a motion to extend 15 minutes.

3595
03:09:49,645 --> 03:09:54,285
Motion Second. Thank you. All in favor say hi. Aye. Aye.

3596
03:09:54,385 --> 03:09:58,505
Aye. Yes.

3597
03:09:59,515 --> 03:10:02,415
Are you done or what? What did you want to add?

3598
03:10:03,555 --> 03:10:07,015
Are are we able to say something? No. Yes.

3599
03:10:07,015 --> 03:10:11,375
Are you in support? We're neighbors but are you in support?

3600
03:10:11,715 --> 03:10:14,335
No. Oh you're not. Okay. So why don't you hang on a second.

3601
03:10:14,405 --> 03:10:16,535
Okay. I'm sorry. Anybody else wish

3602
03:10:16,555 --> 03:10:18,095
to speak favorably on this?

3603
03:10:18,635 --> 03:10:19,635
Yes, please. Yep.

3604
03:10:21,155 --> 03:10:23,975
Hi, good evening. Thank you for allowing me to speak.

3605
03:10:24,035 --> 03:10:25,295
My name is Christine Trow

3606
03:10:25,395 --> 03:10:27,775
and I'm a fourth generation dairy native.

3607
03:10:28,635 --> 03:10:31,615
I'm here tonight to support the grant, the variance

3608
03:10:31,615 --> 03:10:35,215
for the wildlife rehabilitation at 76 Shani Road.

3609
03:10:35,835 --> 03:10:38,415
As someone who has spent years educating the public about

3610
03:10:38,415 --> 03:10:41,055
local wildlife and helping connect injured animals

3611
03:10:41,075 --> 03:10:44,495
and license to with licensed rehabilitators,

3612
03:10:45,015 --> 03:10:46,135
I have been firsthand

3613
03:10:46,315 --> 03:10:49,175
how desperately New Hampshire needs facilities

3614
03:10:49,765 --> 03:10:51,335
like this every year.

3615
03:10:51,335 --> 03:10:52,855
Countless injured and orphaned

3616
03:10:53,075 --> 03:10:55,735
and displaced wild animals need specialized care

3617
03:10:57,085 --> 03:11:00,455
without local rehabilitation sources resources, many

3618
03:11:00,455 --> 03:11:02,575
of these animals face unnecessary suffering

3619
03:11:02,575 --> 03:11:04,855
and residents often have nowhere to turn

3620
03:11:05,275 --> 03:11:07,535
to find the wildlife in distress.

3621
03:11:08,325 --> 03:11:11,455
This center would not be a commercial business

3622
03:11:12,105 --> 03:11:13,695
attracting large crowds.

3623
03:11:14,035 --> 03:11:15,935
It would be a professional licensed

3624
03:11:16,695 --> 03:11:19,655
wildlife rehabilitation facility dedicated to caring

3625
03:11:19,715 --> 03:11:22,535
for injured and orphaned wildlife, educating the public

3626
03:11:22,915 --> 03:11:25,015
and returning healthy animals back into their

3627
03:11:25,015 --> 03:11:26,455
natural habitats.

3628
03:11:26,825 --> 03:11:29,735
Dairy has always been a community that values conversation,

3629
03:11:29,945 --> 03:11:32,015
compassion and reasonable stewardships

3630
03:11:32,015 --> 03:11:33,335
of our natural resources.

3631
03:11:33,505 --> 03:11:35,935
Supporting this variance is an opportunity for

3632
03:11:36,155 --> 03:11:40,495
to demonstrate that values while providing a much needed

3633
03:11:40,495 --> 03:11:42,735
service not only to dairy residents,

3634
03:11:42,735 --> 03:11:44,495
but to surrounding communities as well.

3635
03:11:45,155 --> 03:11:46,895
The property has already been purchased

3636
03:11:46,995 --> 03:11:49,695
and the team behind this project has shown a commitment

3637
03:11:49,695 --> 03:11:52,335
to operating responsibly and being a good neighbor.

3638
03:11:53,735 --> 03:11:56,555
The facil, this facility would become an important community

3639
03:11:56,835 --> 03:11:58,195
resource helping both wildlife

3640
03:11:58,195 --> 03:11:59,395
and residents who care about them.

3641
03:11:59,895 --> 03:12:02,075
Before I close, I would like to thank the planning board

3642
03:12:02,215 --> 03:12:05,475
for taking the time carefully consider this request

3643
03:12:05,575 --> 03:12:07,155
and your service to our community.

3644
03:12:07,675 --> 03:12:09,795
I would also like to thank the team at Millstone

3645
03:12:10,475 --> 03:12:12,355
Wildlife Center for their vision, dedication,

3646
03:12:12,355 --> 03:12:15,555
and willingness to bring this much needed resource to dairy.

3647
03:12:15,965 --> 03:12:18,355
Their work helps countless animals

3648
03:12:18,415 --> 03:12:21,635
and provides an individ invaluable service

3649
03:12:22,375 --> 03:12:23,955
to residents throughout our region.

3650
03:12:24,415 --> 03:12:26,515
As a grandmother, I want my grandchildren

3651
03:12:26,815 --> 03:12:29,435
to grow up in a community that values wildlife,

3652
03:12:29,435 --> 03:12:31,035
conservation and compassion.

3653
03:12:31,465 --> 03:12:35,275
This center will help ensure the future generations

3654
03:12:36,335 --> 03:12:38,395
can continue to enjoy incredible wildlife

3655
03:12:38,395 --> 03:12:39,915
that makes New Hampshire special.

3656
03:12:40,165 --> 03:12:42,195
Thank you for your time and consideration.

3657
03:12:42,665 --> 03:12:46,075
Okay, thank you. Anybody else? Did she say her address?

3658
03:12:46,145 --> 03:12:50,795
Address for the, yeah. Ms. Tr what, what number do

3659
03:12:50,795 --> 03:12:52,405
You live at? I know the rest. I'm

3660
03:12:52,405 --> 03:12:55,605
At 15 Lawrence Street in Derry.

3661
03:12:55,975 --> 03:12:57,445
Thank you. Alright.

3662
03:12:59,665 --> 03:13:01,125
My name is Kimberly Connors.

3663
03:13:01,345 --> 03:13:03,485
I'm at two Lynden Street in Derry.

3664
03:13:04,885 --> 03:13:07,885
I, I have a 9-year-old daughter and while her

3665
03:13:07,885 --> 03:13:11,885
and I are playing in the yard or walking down the street

3666
03:13:12,105 --> 03:13:13,685
or going for a walk on a trail,

3667
03:13:15,025 --> 03:13:17,285
we come across wildlife everywhere we go.

3668
03:13:17,785 --> 03:13:20,485
And she is an animal enthusiast.

3669
03:13:21,465 --> 03:13:24,285
So when we have come across injured

3670
03:13:24,285 --> 03:13:27,005
or ill animals in our travels

3671
03:13:27,305 --> 03:13:30,275
or in on our property, you know,

3672
03:13:30,375 --> 03:13:33,475
she can't just let it be she, she can't just let it die.

3673
03:13:34,175 --> 03:13:37,355
So we have had to call them on several occasions,

3674
03:13:38,105 --> 03:13:39,115
text them pictures

3675
03:13:39,495 --> 03:13:41,555
and get advice on what to do

3676
03:13:41,555 --> 03:13:43,715
until we can get them the animal to them.

3677
03:13:44,735 --> 03:13:47,675
And it's been, it's been an,

3678
03:13:47,855 --> 03:13:50,755
an invaluable resource having them close.

3679
03:13:52,075 --> 03:13:54,755
I understand that there's another one in Keene which

3680
03:13:56,015 --> 03:13:58,925
would not be feasible for me to get to.

3681
03:14:00,465 --> 03:14:01,605
You know, I work full-time

3682
03:14:01,625 --> 03:14:03,405
and have a full-time part-time job so

3683
03:14:03,915 --> 03:14:06,525
like traveling is is not good.

3684
03:14:07,435 --> 03:14:11,165
They need more space so that they can help more animals.

3685
03:14:12,305 --> 03:14:14,645
My 9-year-old, like I said, is an animal enthusiast

3686
03:14:14,665 --> 03:14:16,805
and I can imagine that one day should

3687
03:14:16,805 --> 03:14:17,965
we'll be volunteering with them.

3688
03:14:19,465 --> 03:14:23,725
So I hope that you guys consider their ex expansion

3689
03:14:24,445 --> 03:14:26,885
because it's needed and they're incredible.

3690
03:14:27,635 --> 03:14:28,725
Okay. Thank you. Thank you.

3691
03:14:37,335 --> 03:14:39,335
Good evening. Yeah, so I'm Chris Rodriguez,

3692
03:14:39,435 --> 03:14:41,455
I'm also from Dairy nine Juniper Road.

3693
03:14:41,855 --> 03:14:43,335
I also happen to be a volunteer

3694
03:14:43,675 --> 03:14:45,695
for probably about the last five years at the center.

3695
03:14:46,245 --> 03:14:48,335
I've lost track, honestly so many bunnies.

3696
03:14:48,715 --> 03:14:51,695
But anyway, so just to speak to

3697
03:14:53,275 --> 03:14:54,655
the practical situation

3698
03:14:54,655 --> 03:14:56,575
of having them here, I'll put it this way guys.

3699
03:14:56,595 --> 03:14:58,335
If you walked up to their property in Wyndham,

3700
03:14:58,335 --> 03:15:01,255
you wouldn't know they were doing this except for

3701
03:15:01,775 --> 03:15:03,215
a little sign by the front door.

3702
03:15:03,645 --> 03:15:06,575
It's quiet, it's clean, it doesn't smell.

3703
03:15:07,005 --> 03:15:09,295
They do a great job taking care of all these animals.

3704
03:15:09,895 --> 03:15:11,655
I think we've heard all of that.

3705
03:15:12,195 --> 03:15:15,895
So, and I'm also happen to be a teacher in the Hamstead area

3706
03:15:16,275 --> 03:15:18,135
so I can speak to the education side of it.

3707
03:15:18,275 --> 03:15:20,495
So we've had the wildlife come to our school

3708
03:15:20,515 --> 03:15:22,655
before, which has been very valuable.

3709
03:15:23,035 --> 03:15:26,055
So there's really nothing but positives to all of this.

3710
03:15:27,515 --> 03:15:30,855
And I'm about a mile away from where the new center will be,

3711
03:15:30,855 --> 03:15:32,815
you know, and I would be happy to have them as my neighbor.

3712
03:15:32,835 --> 03:15:34,495
My chickens are much louder than anything

3713
03:15:34,605 --> 03:15:37,175
that is in the center, so. Alright.

3714
03:15:37,645 --> 03:15:38,775
Okay. Thank you. Thank you.

3715
03:15:39,685 --> 03:15:41,655
Anybody else speaking positive here?

3716
03:15:43,045 --> 03:15:46,375
Okay, anybody? Sorry.

3717
03:15:51,945 --> 03:15:55,365
Hi, Carrie Rogers to Symphony Lane. We have horses.

3718
03:15:55,725 --> 03:15:56,845
I don't have wild animals.

3719
03:15:57,755 --> 03:15:58,925
I've known Franny

3720
03:15:58,925 --> 03:16:01,445
for God maybe like the last 10 or 15 years.

3721
03:16:02,835 --> 03:16:06,845
Initially I was in interested in, in helping out

3722
03:16:07,485 --> 03:16:11,245
Franny's, like a, a huge, huge asset to the community.

3723
03:16:12,105 --> 03:16:15,525
The amount of information she gives you should see like on

3724
03:16:15,585 --> 03:16:19,125
any of the, the websites that there's so many people

3725
03:16:19,125 --> 03:16:21,605
that have requested assistance with wild animals.

3726
03:16:21,915 --> 03:16:24,205
Frannie is always the one that offers

3727
03:16:24,995 --> 03:16:26,645
information and guidance.

3728
03:16:27,795 --> 03:16:30,405
I've been, we've been to her property many times

3729
03:16:30,825 --> 03:16:33,205
and I have to say you would never know,

3730
03:16:33,395 --> 03:16:34,725
like you'd never know they were there.

3731
03:16:35,425 --> 03:16:38,725
You know, people with hor horses or anything like that.

3732
03:16:38,945 --> 03:16:41,485
You would know. You wouldn't know it at Franny's.

3733
03:16:41,715 --> 03:16:44,805
Very good, thank you. All right. Anybody in opposition?

3734
03:16:44,835 --> 03:16:45,885
This is your opportunity.

3735
03:16:48,945 --> 03:16:50,215
Sorry for the mix up.

3736
03:16:50,775 --> 03:16:52,455
I know it's late and I don't want to keep

3737
03:16:52,455 --> 03:16:53,615
Everybody up name and address

3738
03:16:54,475 --> 03:16:56,295
So I do wanna share that.

3739
03:16:56,295 --> 03:16:58,375
My name is Linda, Linda Hilker.

3740
03:16:58,475 --> 03:17:01,415
My husband Jim, he injured his back but he's here to support

3741
03:17:02,925 --> 03:17:03,925
Address.

3742
03:17:03,955 --> 03:17:05,855
We have been in Dairy New Hampshire

3743
03:17:05,875 --> 03:17:09,815
for 43 years at our location on three Jeff Lane.

3744
03:17:11,835 --> 03:17:14,455
And we have a number of neighbors here in the back

3745
03:17:14,485 --> 03:17:18,135
that have also been in our neighborhood for 40 years plus

3746
03:17:19,925 --> 03:17:24,255
basically we have a neighborhood that we love

3747
03:17:24,845 --> 03:17:26,175
that we've invested in

3748
03:17:26,315 --> 03:17:28,855
and that we have raised our family here

3749
03:17:28,855 --> 03:17:30,375
and now our grandparents here

3750
03:17:30,595 --> 03:17:32,815
and we have kids that even live in dairy as well.

3751
03:17:34,595 --> 03:17:37,655
We love our neighbors. Jen Roses were wonderful neighbors.

3752
03:17:37,875 --> 03:17:40,215
The people that they bought the house from,

3753
03:17:41,395 --> 03:17:44,455
my husband plowed their property this winter

3754
03:17:45,105 --> 03:17:48,215
after they deceased within five weeks of each other.

3755
03:17:49,075 --> 03:17:52,375
And we don't see that 10

3756
03:17:53,065 --> 03:17:55,575
spots would be in that park, in that parking area.

3757
03:17:56,195 --> 03:18:00,015
But in the past when genders would have gatherings in their

3758
03:18:00,015 --> 03:18:03,335
barn, they would use sometimes the grass out back.

3759
03:18:05,835 --> 03:18:08,655
We love animals and I want you to know that we do,

3760
03:18:09,035 --> 03:18:10,855
but we also are concerned

3761
03:18:11,165 --> 03:18:12,895
with some things getting outta control.

3762
03:18:13,075 --> 03:18:16,335
The attitude and the plan that you put forth makes

3763
03:18:16,885 --> 03:18:19,135
some sense for what they do.

3764
03:18:19,955 --> 03:18:23,375
But going forward it's very concerning.

3765
03:18:24,165 --> 03:18:25,735
When I think of even the,

3766
03:18:25,955 --> 03:18:30,135
the one up the street on Shanita Road, pumpkin Wall Farm,

3767
03:18:30,245 --> 03:18:33,855
what started out with somebody said chickens has now gone

3768
03:18:34,595 --> 03:18:37,055
way beyond that and it has been

3769
03:18:37,345 --> 03:18:38,895
disruptive to the neighborhood.

3770
03:18:41,165 --> 03:18:43,335
Releasing of animals is a concern.

3771
03:18:44,035 --> 03:18:46,615
My husband has a huge organic garden, a number

3772
03:18:46,615 --> 03:18:47,685
of our neighbors do.

3773
03:18:48,625 --> 03:18:50,325
He has been gardening for 50 years

3774
03:18:50,785 --> 03:18:54,325
and we share our vegetables with the community,

3775
03:18:54,465 --> 03:18:56,205
our neighbors and so on.

3776
03:18:56,845 --> 03:18:58,365
I don't know where they'll be released,

3777
03:18:58,505 --> 03:19:00,245
but if we have bunnies more than

3778
03:19:00,245 --> 03:19:01,605
what we already have, we're in trouble.

3779
03:19:03,245 --> 03:19:05,765
Vehicles coming and going when it was mentioned,

3780
03:19:05,785 --> 03:19:06,885
how many volunteers?

3781
03:19:07,415 --> 03:19:08,525
There isn't concern

3782
03:19:08,525 --> 03:19:12,285
because what's going on up at the Pumpkin Mill farm is they

3783
03:19:12,285 --> 03:19:13,885
are parking on side streets.

3784
03:19:14,025 --> 03:19:17,805
And so Jeff Lane is a quiet cul-de-sac with a few homes

3785
03:19:18,465 --> 03:19:20,285
and now we start to have grandkids.

3786
03:19:20,285 --> 03:19:22,885
There are some young kids that is a walking area too

3787
03:19:22,905 --> 03:19:23,965
for Pinkerton.

3788
03:19:24,665 --> 03:19:29,405
And to think about them parking on Jeff Lane maybe

3789
03:19:29,465 --> 03:19:32,925
in the future is a concern with the volunteers.

3790
03:19:33,115 --> 03:19:35,325
They mentioned 40 of them coming and going.

3791
03:19:37,075 --> 03:19:41,405
Also, we have exit four A coming Nita Road is,

3792
03:19:41,595 --> 03:19:43,245
this house is historic

3793
03:19:43,385 --> 03:19:46,165
and it's right on if you look at the

3794
03:19:46,165 --> 03:19:47,565
picture on Shanita Road.

3795
03:19:48,185 --> 03:19:51,125
So the idea that we're going to have a

3796
03:19:52,115 --> 03:19:53,845
bike area there

3797
03:19:54,625 --> 03:19:59,005
and a walk sidewalk as well, that I don't know if it's going

3798
03:19:59,005 --> 03:20:01,565
to come into the land a little bit more,

3799
03:20:03,135 --> 03:20:05,485
where the house is disappointed

3800
03:20:05,595 --> 03:20:06,925
that you're not gonna live there.

3801
03:20:07,245 --> 03:20:08,325
I have to say my husband

3802
03:20:08,425 --> 03:20:10,205
and I when we learned of that tonight,

3803
03:20:11,345 --> 03:20:14,045
we were gonna welcome you with open arms as a neighbor,

3804
03:20:14,545 --> 03:20:17,885
not necessarily agreeing with what we may have to deal with.

3805
03:20:18,315 --> 03:20:21,165
Even though at first the smell is not an issue

3806
03:20:21,825 --> 03:20:25,325
or the amount of animals that is concerning

3807
03:20:25,325 --> 03:20:28,405
because of what has happened up the street from us.

3808
03:20:28,545 --> 03:20:30,125
And it's gotten outta control

3809
03:20:33,065 --> 03:20:36,045
and the value, we're concerned about the value now

3810
03:20:36,045 --> 03:20:37,805
that it's gonna be rented.

3811
03:20:38,985 --> 03:20:40,965
And I'll tell you right now, my husband

3812
03:20:41,185 --> 03:20:44,165
and my grandsons plowed and mowed

3813
03:20:44,385 --> 03:20:47,125
and took care of some of the fruit trees in the bat.

3814
03:20:47,585 --> 03:20:50,525
And now I don't know with it being a renter,

3815
03:20:51,225 --> 03:20:52,885
we don't know what's gonna happen with that.

3816
03:20:53,405 --> 03:20:54,725
I have one more thing to share with you.

3817
03:20:54,785 --> 03:20:56,805
And this is from the daughter of the,

3818
03:20:57,395 --> 03:20:59,525
that sold the property this year.

3819
03:21:00,345 --> 03:21:01,885
She asked me to read this.

3820
03:21:01,905 --> 03:21:04,645
She could not come because she's just emotionally a wreck.

3821
03:21:05,915 --> 03:21:09,685
Dear town, a dairy, my parents bought the 76 Juanita Road in

3822
03:21:09,685 --> 03:21:11,205
the summer of 1976

3823
03:21:11,265 --> 03:21:13,925
and they moved our family of five children, small,

3824
03:21:14,125 --> 03:21:16,405
moderate ranch in Massachusetts, suburb

3825
03:21:16,545 --> 03:21:17,765
to this magical place.

3826
03:21:18,275 --> 03:21:20,085
76 was their dream home

3827
03:21:20,085 --> 03:21:22,045
and they started their plans immediately

3828
03:21:22,385 --> 03:21:27,085
to restore the 1800 colonial home to its original splendor.

3829
03:21:27,315 --> 03:21:30,165
They continued for 50 years of their lives

3830
03:21:30,305 --> 03:21:32,405
inside they restored the original beauty.

3831
03:21:32,515 --> 03:21:34,365
They even fully restored the barn.

3832
03:21:34,385 --> 03:21:36,245
In fact, my dad waited two years

3833
03:21:37,015 --> 03:21:39,285
until contractors he trusted were available

3834
03:21:39,345 --> 03:21:40,805
to undertake the restoration

3835
03:21:41,385 --> 03:21:42,925
and the outcome was spectacular.

3836
03:21:43,265 --> 03:21:45,765
My point is the house has always been a home

3837
03:21:46,505 --> 03:21:48,845
and restored to keep its colonial charm.

3838
03:21:49,505 --> 03:21:51,205
My parents put their blood, sweat

3839
03:21:51,205 --> 03:21:54,005
and tears into this property and they kept it immaculate.

3840
03:21:54,455 --> 03:21:56,445
Since 76 was sold in March,

3841
03:21:56,585 --> 03:21:58,405
it has already become an eyesore.

3842
03:21:58,945 --> 03:22:00,205
The grass is overgrown

3843
03:22:00,945 --> 03:22:03,685
and slightly comparison to when my parents lived there.

3844
03:22:04,365 --> 03:22:07,645
I would hate to see this turn into an ABO nation like the

3845
03:22:07,645 --> 03:22:11,885
pumpkin wall Farm at 56 Shani, an animal sanctuary

3846
03:22:11,885 --> 03:22:14,085
and nonprofit organization capable of hosting

3847
03:22:14,705 --> 03:22:16,685
in their case a hundred guests for parties.

3848
03:22:16,985 --> 03:22:19,685
Now with parking on small neighborhood streets,

3849
03:22:19,685 --> 03:22:21,525
horses drive the farm.

3850
03:22:21,545 --> 03:22:24,165
On 56 was several gravel entrances

3851
03:22:24,165 --> 03:22:27,805
that empty onto horseshoe make it easy for trucks to come in

3852
03:22:27,805 --> 03:22:29,485
and out to pick up piles of manure.

3853
03:22:30,405 --> 03:22:32,565
I would hate for the neighbors to deal with that.

3854
03:22:32,705 --> 03:22:35,445
My heart is broken. Hearing the new owners of 76,

3855
03:22:35,865 --> 03:22:37,765
our non-profit animal rescue business,

3856
03:22:37,765 --> 03:22:41,365
like the one in 56 pumpkin wall, started out

3857
03:22:41,675 --> 03:22:44,805
with one chicken and now has too many to count bunnies,

3858
03:22:44,895 --> 03:22:46,645
goats, ducks, donkeys, pigs,

3859
03:22:46,645 --> 03:22:47,965
and over a dozen llamas,

3860
03:22:48,075 --> 03:22:50,365
several cows on the residential property.

3861
03:22:50,665 --> 03:22:52,485
And I feel bad for those animals since

3862
03:22:52,485 --> 03:22:53,565
they don't have a lot of room.

3863
03:22:54,165 --> 03:22:56,965
I want to prevent a similar business coming into the

3864
03:22:56,965 --> 03:23:00,085
neighborhood and prevent the same situation of 76.

3865
03:23:00,805 --> 03:23:03,485
I don't know how it's even possible since there's

3866
03:23:03,485 --> 03:23:04,685
hardly any frontage.

3867
03:23:05,065 --> 03:23:07,845
And with four A coming through, there may even be less.

3868
03:23:08,345 --> 03:23:12,405
The new business on 76 could easily use their property

3869
03:23:12,505 --> 03:23:14,205
as entrances onto Jeff Lane.

3870
03:23:14,435 --> 03:23:16,725
Like what happened on 56 in Horseshoe.

3871
03:23:17,155 --> 03:23:19,965
Jeff Lane is a quiet cul-de-sac neighborhood

3872
03:23:20,305 --> 03:23:21,285
and I would hate for the

3873
03:23:21,485 --> 03:23:22,565
neighbors to have to deal with that.

3874
03:23:22,835 --> 03:23:25,965
Traffic could probably increase on Jeff Lane since there

3875
03:23:25,965 --> 03:23:27,605
will be traffic bringing animals in

3876
03:23:27,605 --> 03:23:29,565
and out all over New England area.

3877
03:23:29,825 --> 03:23:31,245
I'm especially worried about the effects

3878
03:23:31,245 --> 03:23:33,765
of the business on longtime loving neighbors.

3879
03:23:34,055 --> 03:23:35,245
Noise is a big concern.

3880
03:23:35,945 --> 03:23:38,805
We live in Canada, get awakened in the middle of the night

3881
03:23:38,805 --> 03:23:41,045
by scream sparks, house squealing and foxes.

3882
03:23:41,145 --> 03:23:44,605
I'm also concerned about foul odors like skunk,

3883
03:23:45,085 --> 03:23:47,205
skunk stench, raccoon funk,

3884
03:23:47,205 --> 03:23:48,845
and other pleasant odors like manure.

3885
03:23:49,105 --> 03:23:50,525
And once these animals are cured,

3886
03:23:50,525 --> 03:23:52,205
they will be released somewhere,

3887
03:23:52,815 --> 03:23:55,365
maybe in the neighborhood creating further issues

3888
03:23:55,785 --> 03:23:57,245
in neighbors gardens.

3889
03:23:57,435 --> 03:24:02,325
It's been a historic home, not a business in 1835

3890
03:24:02,505 --> 03:24:05,005
and part of the King George Land grant

3891
03:24:05,545 --> 03:24:09,445
in 1740s a home, my parents spent their time caring for

3892
03:24:10,185 --> 03:24:12,885
to be enjoyed and cherished for another United States

3893
03:24:13,485 --> 03:24:14,805
centennial year celebration,

3894
03:24:17,255 --> 03:24:18,725
which sadly they'll miss.

3895
03:24:19,555 --> 03:24:23,285
They were good friends. I believe it's a home

3896
03:24:23,665 --> 03:24:26,485
to be treasured by the town and its people.

3897
03:24:27,265 --> 03:24:29,845
So many family friends of which some

3898
03:24:29,845 --> 03:24:32,285
of you in this room tonight have enjoyed lots

3899
03:24:32,285 --> 03:24:34,285
of wonderful celebrations at this house.

3900
03:24:34,865 --> 03:24:36,525
And yes, some noisy ones.

3901
03:24:36,755 --> 03:24:38,725
This is not what her family had in mind.

3902
03:24:39,065 --> 03:24:40,605
And in this treasure of a home,

3903
03:24:40,775 --> 03:24:42,365
being a residential neighborhood,

3904
03:24:42,525 --> 03:24:44,645
I never ever thought I'd have to write this letter.

3905
03:24:45,025 --> 03:24:47,245
In fact, I am blown away emotionally.

3906
03:24:47,405 --> 03:24:49,165
I could not make it Tonight to this meeting,

3907
03:24:49,885 --> 03:24:51,845
I am writing this in memory Ed

3908
03:24:51,845 --> 03:24:55,365
and Judy Ro, who many of you know, two

3909
03:24:55,365 --> 03:24:57,885
of the most passionate and patriotic people in this country.

3910
03:24:58,425 --> 03:25:01,925
Please consider the years of love my family gave

3911
03:25:01,945 --> 03:25:04,445
to this home and the toll your decision may make

3912
03:25:04,945 --> 03:25:06,165
on their beloved neighbors.

3913
03:25:06,295 --> 03:25:09,805
Thank you for your consideration Deborah Ro both live

3914
03:25:10,425 --> 03:25:11,765
and I wanna thank you as well

3915
03:25:11,945 --> 03:25:13,165
for you're all set for your time,

3916
03:25:13,655 --> 03:25:14,655
Right?

3917
03:25:14,655 --> 03:25:17,005
Thank you folks. You have an opportunity to rebut.

3918
03:25:20,295 --> 03:25:21,365
Sorry Lynn. One more.

3919
03:25:21,515 --> 03:25:23,845
Alright, I don't know that I'm in opposition.

3920
03:25:24,125 --> 03:25:25,125
I actually came here in support.

3921
03:25:25,925 --> 03:25:28,005
I've been listening this evening. My name's Michael Land.

3922
03:25:28,125 --> 03:25:30,765
I live at 84 Schal Road. People have given a background.

3923
03:25:31,625 --> 03:25:33,205
I'm a lifelong conservationist.

3924
03:25:33,305 --> 03:25:35,525
My hands are still dirty from being out in the dirt today.

3925
03:25:35,825 --> 03:25:40,205
We have 90 acres, less than 500 feet from the gentleman.

3926
03:25:40,205 --> 03:25:43,485
And gentle lady love rehabs. It's great.

3927
03:25:43,805 --> 03:25:45,245
I rehab birds as a kid.

3928
03:25:45,905 --> 03:25:48,405
My kids have such an awesome opportunity.

3929
03:25:48,585 --> 03:25:52,005
We have watched rabbits be ripped apart by bald eagles

3930
03:25:52,105 --> 03:25:53,645
as well as Redtail hawks.

3931
03:25:53,825 --> 03:25:56,525
It is amazing to see one such case.

3932
03:25:56,705 --> 03:25:59,885
My kids who were young went out the baby was a hot day,

3933
03:25:59,885 --> 03:26:01,405
went out and picked up the baby rabbits,

3934
03:26:01,425 --> 03:26:03,485
put 'em in a cardboard box, fed 'em, gave 'em water.

3935
03:26:03,655 --> 03:26:04,725
Three days later they

3936
03:26:04,725 --> 03:26:05,845
were able to go out and live on their own.

3937
03:26:05,845 --> 03:26:07,885
And we watched 'em for a few days. It was pretty cool.

3938
03:26:08,745 --> 03:26:09,845
Big fan of rehabbing.

3939
03:26:12,085 --> 03:26:13,765
I think a big concern, I've heard this

3940
03:26:13,765 --> 03:26:14,925
from neighbors in the area.

3941
03:26:15,665 --> 03:26:18,205
You're not moving to dairy, you're expanding to dairy

3942
03:26:18,205 --> 03:26:19,285
and you're gonna rent out the house.

3943
03:26:19,435 --> 03:26:21,405
Does that not make this a commercial property?

3944
03:26:23,165 --> 03:26:25,785
It, it sounds like it's changing this from a residential

3945
03:26:26,045 --> 03:26:29,905
to a commercial property That it's a mixed use

3946
03:26:29,905 --> 03:26:31,425
commercial property is what it sounds like.

3947
03:26:31,425 --> 03:26:34,305
That this is not the actual variance that's needed for this.

3948
03:26:35,295 --> 03:26:38,745
There's a lot of concern I'd suggest anyone on the zoning

3949
03:26:38,745 --> 03:26:40,265
board, if this isn't decided tonight,

3950
03:26:40,605 --> 03:26:41,865
go up and walk in horseshoe.

3951
03:26:41,865 --> 03:26:43,905
There is a literal zoo there, a petting zoo.

3952
03:26:44,245 --> 03:26:47,545
You can pay to go work there. I haven't, but you can.

3953
03:26:48,555 --> 03:26:50,345
There are definitely concerns in the neighborhood.

3954
03:26:50,505 --> 03:26:54,185
I hope they can be delayed. If the traffic is gonna

3955
03:26:54,185 --> 03:26:59,065
significantly increase, that would be a huge disincentive

3956
03:26:59,085 --> 03:27:00,425
for the neighbors to be supportive.

3957
03:27:00,765 --> 03:27:02,825
That's it. I don't know if that's neutral, positive

3958
03:27:02,825 --> 03:27:05,265
or negative, but thank you. Very

3959
03:27:05,265 --> 03:27:06,265
Good.

3960
03:27:06,265 --> 03:27:08,105
Thank you Mr. Leon. All right folks.

3961
03:27:08,115 --> 03:27:11,065
We're way past our timeline, right? And so

3962
03:27:11,095 --> 03:27:13,185
I'll quickly mention the renting.

3963
03:27:13,365 --> 03:27:15,145
As I talked about, we're looking

3964
03:27:15,365 --> 03:27:19,345
to have some millstone intern.

3965
03:27:19,885 --> 03:27:22,905
It would be someone who understands wildlife.

3966
03:27:22,995 --> 03:27:26,145
We're not just gonna put an ad in the paper and find someone

3967
03:27:26,485 --> 03:27:28,625
and hope they don't knock down the walls.

3968
03:27:29,095 --> 03:27:31,225
This would be part of the millstone family.

3969
03:27:31,685 --> 03:27:33,425
So that's one thing we'll talk about.

3970
03:27:34,665 --> 03:27:36,705
I, my wife Linda just spoke earlier.

3971
03:27:36,765 --> 03:27:39,625
Hey, I, one concern, I plowed that property this winter.

3972
03:27:39,805 --> 03:27:42,030
Mr. Chair, if we could ensure proximity to the microphone.

3973
03:27:42,030 --> 03:27:44,125
Could you speak to the Mike Paul please give us

3974
03:27:44,125 --> 03:27:45,165
your name and address please.

3975
03:27:45,265 --> 03:27:47,805
I'm Jim Hilker three Jeff Lane Dairy.

3976
03:27:48,365 --> 03:27:50,845
I do have one concern. I plowed that property this winter

3977
03:27:51,665 --> 03:27:56,125
and it is a nightmare of a place to plow to keep cars in,

3978
03:27:56,345 --> 03:27:57,485
to get into Shanita.

3979
03:27:57,985 --> 03:28:01,565
So she wintertime. And so if extra traffic coming

3980
03:28:01,585 --> 03:28:04,525
and going is a really concern about the safety

3981
03:28:04,545 --> 03:28:06,325
of people coming and going outta that property.

3982
03:28:07,155 --> 03:28:10,245
It's miserable to try to plow that. But take care,

3983
03:28:10,265 --> 03:28:11,125
The property. But somebody's gonna live there,

3984
03:28:11,125 --> 03:28:12,125
Right?

3985
03:28:12,125 --> 03:28:13,525
I'm sorry. Somebody's going to live there. Someone's

3986
03:28:13,525 --> 03:28:14,325
Gonna live there. So

3987
03:28:14,325 --> 03:28:15,885
I think that caution is noted.

3988
03:28:16,315 --> 03:28:18,165
Yeah. And if you're gonna have people coming

3989
03:28:18,165 --> 03:28:19,325
and going who don't live there,

3990
03:28:19,415 --> 03:28:21,485
don't understand there's a lot of concern

3991
03:28:21,625 --> 03:28:23,845
for people's safety getting outta their property.

3992
03:28:24,025 --> 03:28:25,845
Are you suggesting that no one should live there?

3993
03:28:25,985 --> 03:28:27,165
No, I'm not saying at all. I'm just saying

3994
03:28:27,505 --> 03:28:28,885
so they're aware of what they're getting into.

3995
03:28:29,305 --> 03:28:31,125
Got it. All set into, Okay.

3996
03:28:31,515 --> 03:28:33,165
Very good. Thank you folks.

3997
03:28:33,425 --> 03:28:37,325
You have 1, 2, 3, 4, 5, 6 things to address

3998
03:28:38,865 --> 03:28:40,725
and they are parking release

3999
03:28:40,745 --> 03:28:42,885
of animals not living there, renters.

4000
03:28:44,185 --> 03:28:47,045
And the, the other petting thing

4001
03:28:47,045 --> 03:28:48,405
that's going on up the street,

4002
03:28:48,415 --> 03:28:51,965
which I believe you are not part of, right?

4003
03:28:52,185 --> 03:28:56,725
And you have other responsibilities than what you know

4004
03:28:56,725 --> 03:28:59,285
that you're answering to in the commercial property.

4005
03:28:59,565 --> 03:29:00,805
I don't want to get into 'em now.

4006
03:29:00,905 --> 03:29:03,045
I'm gonna, we're gonna have to bring you back. Alright.

4007
03:29:03,705 --> 03:29:05,805
But those are the things that are noted

4008
03:29:05,985 --> 03:29:08,005
and if you have any follow up questions,

4009
03:29:08,065 --> 03:29:10,365
you can call code enforcement and ask them

4010
03:29:10,905 --> 03:29:12,445
and then have you back at the next,

4011
03:29:12,895 --> 03:29:15,205
it'll be first case on the next meeting,

4012
03:29:15,215 --> 03:29:17,205
which is the third week of July.

4013
03:29:18,115 --> 03:29:20,645
Okay? Okay. Could we get a list

4014
03:29:20,645 --> 03:29:23,005
of all the things you'd like addressed?

4015
03:29:23,605 --> 03:29:26,085
I just, I just told you you can call code enforcement.

4016
03:29:26,085 --> 03:29:27,285
Okay. And she'll give 'em to you. Okay. Just

4017
03:29:27,285 --> 03:29:28,645
So we don't overlook anything. Sure.

4018
03:29:29,305 --> 03:29:30,645
All right. And that would be fair

4019
03:29:30,645 --> 03:29:34,205
because the decision making process is gonna take us out

4020
03:29:34,205 --> 03:29:36,605
to 11 o'clock and, alright.

4021
03:29:36,635 --> 03:29:38,205
Alright. So that being said, thank you.

4022
03:29:38,625 --> 03:29:40,405
We will close public hearing

4023
03:29:40,585 --> 03:29:43,045
and let you address those concerns when you come back.

4024
03:29:43,235 --> 03:29:45,605
Alright? Very good. Thank you all. Thank you. All right.

4025
03:29:45,605 --> 03:29:49,405
Motion to table case number 26. 1 1 7. So

4026
03:29:49,625 --> 03:29:50,625
Second.

4027
03:29:50,625 --> 03:29:53,005
Thank you. Second by Mr. Donlin. All in favor say aye.

4028
03:29:53,225 --> 03:29:55,845
Aye. Aye. All opposed? Okay. Hearing nobody.

4029
03:29:55,935 --> 03:29:58,845
Thank you very much. Alright, next order

4030
03:29:58,845 --> 03:30:00,165
of business are minutes.

4031
03:30:00,825 --> 03:30:02,445
I'm gonna ask that we table the minutes

4032
03:30:02,515 --> 03:30:04,485
that are listed on the agenda.

4033
03:30:04,965 --> 03:30:07,605
I think they go back to May something or other.

4034
03:30:08,195 --> 03:30:10,525
I'll make a motion. We table the minutes. Very

4035
03:30:10,525 --> 03:30:11,525
Good.

4036
03:30:11,525 --> 03:30:14,365
Second, I need those folks.

4037
03:30:16,055 --> 03:30:17,965
Folks, can you take it outside please?

4038
03:30:19,805 --> 03:30:24,405
I need 'em specific table minutes from 5 7 5 21 and six.

4039
03:30:24,405 --> 03:30:25,405
4 26.

4040
03:30:27,125 --> 03:30:30,205
I made the motion to table all the three minutes.

4041
03:30:30,595 --> 03:30:33,125
Very good. Thank you. Second please. Second.

4042
03:30:33,195 --> 03:30:36,525
Alright, second by Mr. Tripp. All in favor say aye. Aye.

4043
03:30:36,705 --> 03:30:39,845
Aye. Any opposed? Hearing none. All right.

4044
03:30:40,255 --> 03:30:41,365
Other than that Ms. Zone,

4045
03:30:41,425 --> 03:30:44,405
we have any cases scheduled other than the carryovers?

4046
03:30:45,065 --> 03:30:48,605
We have two. Okay. And we are still open for applications

4047
03:30:49,385 --> 03:30:51,245
For one more. One more day.

4048
03:30:51,625 --> 03:30:54,405
We are open until June 3rd, 30th.

4049
03:30:54,665 --> 03:30:56,125
Oh, so that's right. 2020 ninth. The money.

4050
03:30:56,195 --> 03:30:59,445
It's the third week of Right. Got it. Okay. Good enough.

4051
03:31:02,145 --> 03:31:05,165
Motion to adjourn then, please. So moved. Thank you Ms.

4052
03:31:05,265 --> 03:31:08,565
Donlin. Second. Second. Thank you Mr. Dietzel.

4053
03:31:08,625 --> 03:31:11,205
All in favor of adjournment, say aye. Aye. Aye.

4054
03:31:11,205 --> 03:31:14,845
Any opposed for adjourned? Have a good night everybody.

4055
03:31:15,215 --> 03:31:15,685
Thank you.