[0:02] Okay.

[0:02] Good evening ladies and gentlemen.

[0:03] Welcome to zoning Board of Adjustment

[0:05] for two thou July 16th, 2026.

[0:08] Please rise to the pledge.

[0:11] Alright. Pledge allegiance to the flyback

[0:14] of the United States of America.

[0:16] Due the republic for which it stands

[0:18] by one nation under God, indivisible Justice.

[0:25] Alright. Okay, let's start off

[0:28] by introducing the board all the way to my far left, please.

[0:32] Anthony Henry, Michael Donlin, Richard

[0:35] Trip, Crystal Morin. Secretary

[0:37] Lynn Perkins. Chair

[0:39] Jim Dietzel.

[0:40] Jason Ney.

[0:42] And to our far right,

[0:43] we have a code enforcement officer, Carrie Owen.

[0:47] And the clerk is Eileen Boudreaux.

[0:52] And these proceedings are scheduled to terminate at 10:00 PM

[0:56] And audio, our audio video recorded,

[0:58] please shut off all cell phones, iPhones, anything

[1:01] that could create a distraction

[1:02] to the proceedings in the event of an emergency, just stay

[1:05] to the staircase and we'll help you out.

[1:07] Don't use the, the electrical box

[1:09] that takes you to the lower floors.

[1:12] With that being said, we'll get moving along here.

[1:16] Our first case for consideration is a motion

[1:21] for rehearing and it is case number 26 dash 1 0 7.

[1:25] It is for submitted by James Foley, the against the owner,

[1:30] Byrd Enterprises, LLC.

[1:34] The submission has been entered on time

[1:37] and the board has had this for a few weeks.

[1:43] The applicant is requesting a rehearing

[1:47] to basically towards improprieties of the board's operation.

[1:53] And therefore, for consideration, we will open

[1:56] that up for discussion.

[1:59] Mr. Diesel, anything you'd like to say on this? No.

[2:02] Thank you Mr. Chair. Okay. Mr. Trip,

[2:05] I, I believe the, his reasoning

[2:10] in his request was just as colluded as

[2:15] his testimony when we heard the hearing, heard the case.

[2:20] I I do not find it anymore relevant now.

[2:24] All right, Mr. Don, Mr. Chair.

[2:26] I don't find any justification for a rehearing.

[2:30] Very good. Mrs. Moore

[2:32] Chair.

[2:33] I also don't find any new evidence for a rehearing,

[2:37] And the chair myself will say that I, I don't see anything

[2:42] that the board did not cover in for hearings and the, the,

[2:47] and no new information here to reconsider

[2:50] that the board did not address to begin with.

[2:55] So in that case, we have, do we have a motion on this?

[2:59] No, but I can wing it. I can You think you can? Yeah,

[3:02] I have.

[3:04] All right, well I'll let you wing it then. Go ahead.

[3:07] I make a motion on case number 26 dash

[3:11] 1 0 7 to grant a re-hearing

[3:17] for James L. Foley.

[3:22] And I believe that's it, right?

[3:24] Regarding the property itself?

[3:27] Oh, regarding 1 78 Hamstead Road,

[3:31] dairy New Hampshire 0 3 0 3 8

[3:34] by enterprises LLC

[3:37] and I take, I correct that.

[3:39] That's 180 7 Stead Road. Dairy New Hampshire.

[3:43] Mr. Foley is 1 78.

[3:45] Alright. And that concludes the reading of the motion.

[3:49] I need a second,

[3:52] I'll second it All.

[3:55] Should we include the case number in

[3:57] the hearing? In the motion?

[3:58] Yeah, I make a motion on case number 26 dash 1 0 7 is

[4:03] Okay. Thank you.

[4:04] Good. Mr. Trip, you've seconded that? Yes. Okay.

[4:09] Motion's been seconded. And any conversation on that Mr.

[4:12] Dietzel? You all set? All set. All set to my left Mr.

[4:16] Donlin, Mr. Trip?

[4:17] I'm good Mr. Chair. Alright, very good.

[4:20] All in favor moving that for vote? Say aye. Aye. Opposed?

[4:24] Mr. Trip? What? Say you No. Mr. Donlin? No. Mr. Dietzel? No.

[4:29] Mr. Mor No.

[4:30] And the chair will make that five nos as well

[4:34] as I'm sure the a butter is aware.

[4:39] His next recourse would be

[4:41] to the land use court, unfortunately.

[4:45] And we'll see where that goes from there. Alright.

[4:49] All right. Next case.

[4:53] 26 dash 107.

[4:55] This is continued from June 18th, 2026.

[5:00] And it is Michael and Frannie Greenberg.

[5:11] Hi folks. Hello. How you doing? Okay, good.

[5:14] Alright, so you gave us quite a submittal here.

[5:18] You gave us time. Are you retired?

[5:23] Pardon Me? What? Are you retired? He's

[5:27] Not from rehab, but yes.

[5:29] Yeah, I I understood that the, the, the bunnies

[5:32] and stuff kept you busy.

[5:34] They do. It does. We also have three children,

[5:37] our youngest of whom is in marketing.

[5:39] So at times we reach out to our kids

[5:41] for help in one way or another.

[5:43] And we had a daughter help us put together this,

[5:46] which hopefully answers whatever questions we left you

[5:49] with at our last meeting.

[5:53] Well, this isn't something that we normally hear now,

[5:57] so we, we like to err on the site

[5:59] of caution. Is that all right?

[6:02] Yes, absolutely. Alright, so folks,

[6:06] you gave us a submittal and we've heard from the abutters

[6:10] and we've heard from others.

[6:12] Then the abutters, you know, let that slide through.

[6:16] A lot of them were favorable to you.

[6:19] And as is the case, you have an opportunity to rebut any

[6:23] of the testimony that was, that was spoken.

[6:27] So if you'd like, you can narrate with your pamphlet

[6:30] that you gave the board

[6:31] and anything else that you may want to share

[6:36] with us in your rebuttal, you have the floor,

[6:41] We can offer just a brief summary, which is the last page.

[6:45] If you have other questions about the packet, we're happy

[6:48] to go back over any or all of that

[6:50] and we can do the entire packet if you are

[6:53] happy to go through that.

[6:55] But we try to address those questions that you had for us.

[7:00] The sum would you like to do?

[7:02] Well, I was gonna say, what I would do is focus on

[7:06] if you can recall the, particularly the,

[7:11] the commentary that was in opposition of yourself

[7:14] because it is the, the applicant to prove their case.

[7:19] And so you have some, some

[7:23] objections there and I would try to cover that

[7:25] and see what you can do.

[7:27] You may develop questions from us back.

[7:29] Okay, very good. Well, first we wanted to make sure

[7:34] that you were comfortable knowing

[7:36] what a home-based wildlife rehabilitation center really is.

[7:40] There was some concerns that the animals would come

[7:43] and be on site for long periods of time.

[7:46] The animals that come to us, in fact come

[7:49] for temporary medical care.

[7:51] The animals we see are not all

[7:55] onsite at one particular time.

[7:57] We did include for you pictures

[8:00] of the current property that we live on.

[8:02] It's our home. And

[8:04] after 11 years, we wanted you to see what it looks like.

[8:08] We fully expect that a, a dairy property,

[8:12] everything would primarily be with indoors.

[8:17] Anything that would happen would not be in front

[8:19] of the property close to the house.

[8:21] But we wanted to include that there was some concerns

[8:26] and we wanted to address the licensing.

[8:29] We are licensed by both New Hampshire Fish

[8:32] and Game, also the USDA.

[8:35] And so we've included those specifically

[8:38] how does one become licensed and what that means.

[8:42] We can, I'll give you specifics if you'd like to know.

[8:46] Yes, please. Okay.

[8:47] Thank you. For fish

[8:50] and game, if you are interested in becoming a wildlife

[8:53] rehabilitator under current Law

[8:55] and regs, you do 200 hours of work

[9:00] with a current class two rehabilitator.

[9:03] That would be myself or any of the others around the state.

[9:07] After 200 hours you find a veterinarian willing

[9:10] to sponsor you

[9:12] and you submit something that proves

[9:16] that you have done that work.

[9:18] Typically, your class two sponsor is willing

[9:22] to work with you beyond that.

[9:24] So that is the first means of having a license.

[9:27] We also hold a license to exhibit.

[9:30] That means if we do as be as we mentioned last time,

[9:34] if we want or have the time to go to

[9:38] a Girl Scout program

[9:39] or a rotary meeting, we have the license

[9:43] to take a non releasable animal offsite.

[9:47] When you do that, you also need to be licensed

[9:50] by the USDA, which we have.

[9:52] The regulations are that we are 100%

[9:58] Animal Welfare Act compliant.

[10:01] We have a formal veterinary care on file.

[10:06] We get unannounced inspections

[10:08] and we need to provide precise record keeping.

[10:12] So we hold three licenses to do what we're doing.

[10:17] I know there was some question about noise.

[10:21] Probably if, if you live near anyone

[10:25] or maybe you even yourself own a dog, you know,

[10:28] they can sometimes be quite loud.

[10:31] Wildlife patients typically are less than 20 decibels

[10:35] where a barking dog is 80 to a hundred.

[10:38] Your lawnmower 85 to 90,

[10:41] your rooster 90 plus your horse, 80 to 100.

[10:46] By nature, an injured

[10:49] wild animal is gonna be quiet.

[10:51] They don't want you to know they're there.

[10:54] Even if they're in pain, they are not making a lot of noise.

[10:59] So, as I mentioned, our most common patient

[11:03] is an eastern cottontail rabbit.

[11:06] Their volume is approximately 20 decibels.

[11:11] We wanted to mention release of animals as

[11:13] that was a concern.

[11:15] We are not allowed to release wherever we would like.

[11:19] We need permission from either a homeowner,

[11:21] if someone would like an A possum in their yard,

[11:24] we can check out the site, which we do.

[11:27] We have to make sure it's safe for the animal.

[11:31] But we do not just drive around

[11:33] and randomly pick sites where we work

[11:36] with New Hampshire Fish

[11:37] and Game to have pre-approved locations for these animals

[11:42] and make sure that they're safe when we do so.

[11:45] 76 Shani Road is not considered a release site for

[11:50] for animals staffing.

[11:54] I know there was some concern,

[11:55] what if someone wasn't on site

[11:57] and an animal might need care?

[12:00] We wanna let you know that home-based

[12:04] wildlife rehabilitators are

[12:07] what happens in the state of New Hampshire.

[12:10] There is not a mandate

[12:12] requiring 24 7 in your home.

[12:15] People work full time, they have animals, they work

[12:19] with fish and game to make sure that those animals are safe

[12:24] and if they need to leave the property, it's

[12:28] done in a fashion that those animals are cared for

[12:32] or left during a time they do not need to be fed.

[12:38] Our nonprofit status is something that

[12:43] it, it operates exclusively for exempt purposes

[12:47] and we are a 5 0 1 C3.

[12:51] So the concern about being a commercial property,

[12:55] our nonprofit status would automatically

[13:01] prove that this is not for a commercial use.

[13:05] We are not a business, we're not selling animals, we are not

[13:09] selling any other product

[13:15] as far as the rental goes

[13:18] because this property is owned by the Greenberg

[13:23] family as and not the nonprofit.

[13:26] Just as if you would like to rent your own home,

[13:29] that doesn't change the zoning of it.

[13:32] So the plan would be, as we had mentioned

[13:34] before, to have somebody on site to have to have renters

[13:38] and it is, it would be residential in nature of that home.

[13:43] And the rental agreement would serve strictly as,

[13:48] as a standard residential occupancy

[13:52] and would not violate zoning provisions

[13:55] regarding non-commercial districts.

[13:58] We were asked about vehicle traffic,

[14:03] both minimal and seasonal.

[14:05] What we did was we took a year's worth of intakes

[14:09] to determine how many cars on any given day might

[14:13] appear on our doorstep.

[14:15] If we get 13 possums brought to us,

[14:18] they don't come in 13 cars necessarily.

[14:22] They come, someone finds a mom that's passed with 13 babies.

[14:27] So close to 1500 animals are brought

[14:31] to us in far fewer vehicles with an average

[14:34] of being about three vehicles a day

[14:38] for the general public dropping off an animal.

[14:41] Out of curiosity, what we did

[14:43] after we left here, we also looked to see

[14:46] how long does it take someone to say,

[14:49] here I'm here in the yard.

[14:51] We get a text to being helped.

[14:54] And for them to turn around

[14:55] and leave that time may be four minutes.

[14:58] If they're chatty and they have a couple questions,

[15:01] it may be a little longer, maybe a seven or eight minutes.

[15:04] So if you think about the last time you went

[15:06] to Dunkin Donuts

[15:07] and tried to get your coffee, you know it's,

[15:10] it's not a long period of time.

[15:12] We're not inviting people to come in to sit down.

[15:16] We are not doing tours, people are not allowed

[15:19] to see the animals.

[15:20] It's a quick service. We need to get those animals care.

[15:24] So vehicle traffic was addressed here in our bar graph

[15:29] as well as vehicle capacity of the yard.

[15:33] Now we, with an engineer's help of measuring

[15:37] and considering

[15:40] how big your average vehicle was.

[15:42] This was measured to the vehicle.

[15:44] The vehicle we drive, which is a Jeep Cherokee,

[15:49] nine vehicles fit in this driveway comfortably.

[15:53] Could you fit more probably if you got

[15:56] them squeezing in there.

[15:57] But the diagram will show you the buildings

[16:00] and how nine cars would fit.

[16:03] Although we don't have nine cars, 40 volunteers

[16:08] come throughout the day, the week, the year.

[16:12] We do not have 40 people on site off season.

[16:16] We have one volunteer in the morning, one in the afternoon

[16:19] during our busy season.

[16:21] We might have four there during a shift,

[16:25] but that's four cars.

[16:27] We do have some husband and wife teams they drive together.

[16:31] So nine would be ample.

[16:34] We have of course included a few photos for you of some

[16:38] of our, our animals, which was just for the fun

[16:43] of doing it and end in a summary

[16:47] and we're happy to answer further questions

[16:50] that we didn't address

[16:51] but from our last meeting wanted to assure you

[16:56] that these things have been thought through

[17:00] that we are already doing this.

[17:02] Maybe some of you drove by our current property to see

[17:05] where we are in in Wyndham

[17:08] and we are happy now to take your questions. Mr.

[17:12] Trip, I was interested when you said do

[17:17] you, you do some exhibitions

[17:19] and then you said that you only do this

[17:23] with non releasable animals.

[17:26] Could you explain what a non releasable animal is?

[17:30] A non releasable animal is one

[17:32] that would not survive on its own in the wild,

[17:35] but one that could remain in captivity

[17:38] for educational purposes without it being

[17:41] stressful for that animal.

[17:43] Typically that would be an A possum.

[17:46] Possums are short-lived, but they're calm animals.

[17:50] We, when we use them,

[17:52] the general public is not allowed to touch them.

[17:55] We can use them for educational purposes.

[17:58] Talk about the natural history of an A possum, the benefit

[18:01] of having possums and coexisting with possums,

[18:05] but it means it's an animal

[18:06] that would not survive on its own

[18:10] and it's with us not suffering.

[18:12] And that's determined through veterinary care and clearing.

[18:16] And then that's where the USDA becomes involved.

[18:20] They too check their caging and their overall wellbeing.

[18:26] So, so the releasable animals are the animals that came,

[18:31] come in for treatment and then like you said, release.

[18:36] Yes, exactly. The non releasable are animals

[18:38] that I imagine came in for treatment

[18:41] and you determined that they were non releasable

[18:45] so you keep them.

[18:47] Yes. So I guess the question now is how many

[18:51] non releasable animals do you typically have?

[18:56] There's, I don't know if there's a typical

[18:59] right now we have four.

[19:04] Four. Alright, so the, I have another question if I might.

[19:08] The, I was

[19:12] interested in you, you being able to operate two sites

[19:18] and so I contacted Colonel Jordan,

[19:23] you know, and ask him specifically, you know, would,

[19:26] would you be able to have two sites?

[19:28] And he says absolutely, you know, he was,

[19:32] he think he spoke very highly of you

[19:35] and you know,

[19:38] but like I said, it was, it was a, a thing

[19:40] that I was interested in.

[19:42] You know, could you actually hold two licenses

[19:47] or actually you had actually you only have one license

[19:50] but you have two sites, you know,

[19:52] because your name is on is the only person correct license.

[19:57] Correct. Well I,

[20:01] I wish I would've done a little more research

[20:04] before you showed up last time, you know,

[20:07] but I think it was suitable that, that we

[20:11] asked you to come back because you know, we weren't

[20:15] that educated on what you do,

[20:21] you know, and what, what the rules are.

[20:23] So thank you for coming back. You're

[20:26] Very welcome.

[20:28] Ms. Moore. Mine are more clerical.

[20:32] Are you comfortable with having the stipulation on

[20:37] the variance that you keep 76 Genito Road

[20:40] as not a release site?

[20:43] We are. And then also,

[20:45] I don't know if it would be put on it,

[20:47] it depends on the other four.

[20:50] But would you be comfortable

[20:51] with keeping your nonprofit status current

[20:56] and stay in compliance with USDA and fish and game?

[21:00] We would, yes. Thank you.

[21:03] Anything else? No, Mr. Donlin?

[21:06] Yeah, just kind of jumping onto what Mr.

[21:08] Tripp was asking, is there, just outta curiosity,

[21:11] is there some sort of a limit by one of your licenses, USDA

[21:15] or otherwise that regulates the amount

[21:17] of non-lease animals you are permitted

[21:20] to have at once? Yes.

[21:22] USDA says that the license I have would allow us

[21:26] to have up to 50 non releaseable animals.

[21:30] One five or 5 0 5 0. Five

[21:32] Zero.

[21:33] Okay. And then just to reiterate, I believe this was said,

[21:37] but just 'cause it's in keeping what this conversation,

[21:39] those animals you're only allowed to take out, right?

[21:43] Nobody's allowed to come in,

[21:45] No one comes to us. That's correct.

[21:47] Thank you. Now, Mr. Diesel.

[21:54] Thank you Mr. Chair. Regarding

[21:58] the fifth criter in the hardship criterion, what are some

[22:03] of the special conditions of this piece of property

[22:07] that distinguish it from the other properties in the area

[22:11] and how does that affect your ability

[22:13] to do business one way or the other?

[22:16] Positive, negative. Well,

[22:17] The key, one of the key aspects

[22:19] of the property is the outbuildings.

[22:21] There are several outbuildings.

[22:24] Home base rehab, 90% plus is indoors.

[22:28] So having space that is not in the residential area,

[22:31] that allows for free movement of volunteers

[22:35] to go to those buildings.

[22:37] As you've seen on the property,

[22:38] there are three substantial outbuildings providing

[22:41] for storage of materials.

[22:43] The animals come in, many are very tiny,

[22:46] they're in incubators, they go to cages,

[22:48] varying stages of cages.

[22:50] So there's a lot of material involved in the process.

[22:54] The outbuildings here provide ability

[22:57] to store things on site

[22:59] and address the animals that are close by.

[23:01] So the outbuildings were the primary asset of the property.

[23:06] That and the fact that it is, you know,

[23:08] although it's frontages on the main road,

[23:11] the property extends all the way back to a very quiet area.

[23:14] So I think, you know, the property itself,

[23:18] the residential area is a bonus.

[23:21] The primary outbuildings were

[23:23] really the significant driver in, you know, how would this

[23:27] be utilized by a homebased rehab.

[23:29] It allows for, you know, very ease of access, ease

[23:34] of ability to handle all the requirements

[23:37] of a home-based rehab center

[23:39] all in one site rather than in my garage.

[23:43] Okay. Thank you. So you're, you're, you believe

[23:47] that this particular property,

[23:49] because of its special conditions, actually makes it

[23:53] conducive to doing what you want to do, is to pose

[23:58] as opposed to your neighbor, which might be less desirable

[24:03] location because of the building?

[24:05] Correct? Yeah. Okay. Thank you Mr. Chair.

[24:08] Anything else? No, thank you. You re you in indicated

[24:11] three licenses that you have the USDA

[24:14] and the through fish and game. What was the third

[24:17] Two are?

[24:18] Through New Hampshire Fish and Game. Oh, I see.

[24:20] There's the REHABILITATOR license.

[24:22] I hold an exhibitor license through Fish

[24:25] and Game and the USDA.

[24:26] So two, two categories with fish and game, correct.

[24:28] And one through the USDA? Correct. Okay. Correct. Got it.

[24:33] All right. I think someone addressed concerns

[24:36] and I think more so because of

[24:38] facility down the road from you about any contamination

[24:43] of water that could occur outside of your,

[24:47] do the domicile.

[24:49] And I do see that you have a photo here with a stream in it.

[24:52] But I I'm thinking

[24:53] that's from the millstone address? Yeah. Or is it from

[24:57] This The pictures are millstone, yes.

[24:59] Although we don't have a stream on the property,

[25:01] it may just look that way from the black and white image.

[25:05] Oh no, now I see what you're looking at. Yeah.

[25:08] So that's an semi-aquatic enclosure that

[25:12] houses currently three mink that are in our care.

[25:16] Okay, so that's not a, not a stream.

[25:19] It's contained, it's filtered,

[25:22] it flows within that enclosure.

[25:25] Okay. So there's no risk of public contamination

[25:29] or water runoff that, you know,

[25:31] contaminated water runoff, anything like that? Correct.

[25:33] There is not. Okay.

[25:34] Alright. I have no further questions.

[25:36] We've heard from the public

[25:38] and we heard from the public in the hearing prior

[25:43] and we extended the courtesy to people

[25:46] who are not direct abutters to this parcel

[25:50] that typically do not have standing to this,

[25:53] to this location.

[25:56] Ms. Owen, we did get staff report from you. Am I correct?

[26:00] We did correct. Okay. Anything else that you think we need

[26:02] to know that may have occurred in the last few weeks?

[26:05] No new information. I just wanted

[26:06] to mention a reminder when structuring the motion

[26:09] that a planning board site plan

[26:11] determination is recommended.

[26:13] Okay. All right.

[26:20] Got it. Alright. Okay. Anybody else have any questions?

[26:24] Mr. Henry? You all set? I'm all set.

[26:27] And Mr. Dani, anything from you?

[26:29] No, sir. All right.

[26:31] Well that being said, we can take a motion

[26:34] to go into deliberation if you folks are all set.

[26:37] Yes. So move second. Alright, Mr. Tripp makes a motion.

[26:42] And Mr. Donlin seconds all in favor

[26:44] of deliberation, say aye.

[26:46] Aye. Aye. And the opposed. All right.

[26:48] Anybody wish to lead off Mr. Dietzel?

[26:54] Well,

[26:59] I listened to what the, the Abutter had to say

[27:02] and she read an emotional letter from,

[27:06] from the former owner's daughter, I believe.

[27:09] And it was moving and,

[27:14] but I think many of her concerns were

[27:20] addressed by the applicants in their written response.

[27:25] And, and here tonight,

[27:28] and I'm, I'm hoping that, that,

[27:32] that she'll feel satisfied that the, the historic nature

[27:35] of this property will be continued.

[27:40] My, my problem, of course, as always is the,

[27:44] the hardship criterion.

[27:46] And I reread the statute

[27:49] and I re-read the, the notes.

[27:52] And here

[27:56] and under five

[28:01] A it says, for purposes

[28:04] of this subparagraph unnecessary hardship means

[28:08] that owing to special conditions of the property

[28:12] that distinguish it from the other properties in this,

[28:16] in the area, no fair and substantial relationship exists.

[28:23] It doesn't say whether those conditions are

[28:26] positive conditions, which make it more,

[28:29] as they stated earlier, conducive

[28:34] to use versus less.

[28:36] It just says whether it's distinguished

[28:39] from other properties.

[28:41] And I, I think for me, that's what that is,

[28:46] what makes this pass the hardship test

[28:50] because I think the other four criteria are met.

[28:54] I don't see any relationship to

[28:59] values and, and all the other ones.

[29:01] And so I don't think there's a, a,

[29:05] a substantial relationship between, between the purpose

[29:09] of the ordinance in this.

[29:11] And the second part is, is it reasonable?

[29:14] And I, I think the applicants have demonstrated

[29:16] to my satisfaction that this is

[29:18] a reasonable use of the property. Thank you, Mr. Chair.

[29:21] You're welcome. Anything else?

[29:23] No, thank you Mr. Don.

[29:26] Yeah, I, I believe that, just jumping on to the,

[29:30] the taking care of the home and the character.

[29:32] I, I, I would say that it's in their best interest

[29:36] to keep the house in functioning order.

[29:38] So I don't see that as a, as a problem.

[29:41] And certainly the, the pride they're taking in a,

[29:47] in a voluntary role, I'll say shows

[29:51] that they have a lot of respect for

[29:56] life and property as without overstating it.

[30:00] And I believe one of the other concerns I, going back

[30:04] to the animals only being able to be taken out as far as

[30:10] exhibits and stuff are concerned.

[30:11] I believe one of the other things one

[30:13] of the neighbors brought up with, they didn't want it

[30:14] to turn into a petting zoo.

[30:15] So I believe that's been resolved as well.

[30:19] Okay. Mr. Trip,

[30:25] As Mr.

[30:26] Donlin said, you know, the, and,

[30:28] and as you had mentioned, you know, there, there is a

[30:32] animal sanctuary on this same street that is,

[30:39] is being operated kind

[30:44] of sketchy, sketchy, you know, I believe what the,

[30:50] the applicant is asking to do is well thought out,

[30:54] well planned meets the

[31:00] requirement that it's not a,

[31:07] a detriment to the, you know, public.

[31:13] I, I think that the,

[31:18] the two weeks we had to research the, the legal side

[31:22] of everything were well spent, you know,

[31:25] and the applicant also

[31:28] provided a bunch of information that, you know,

[31:29] was not presented at the previous hearing.

[31:35] So I think it, it's

[31:41] something that dairy can be proud of.

[31:47] Okay. Ms. Moore?

[31:50] I agree with Mr. Dietzel.

[31:53] I had researched the listing so I could get a better idea

[31:58] of the house and the property and it's beautiful.

[32:01] There's no question asked whatsoever.

[32:05] And I agree that those buildings are gonna be used

[32:08] for something they need to be,

[32:10] and as a mom of five adult kids, it just screamed a DU

[32:15] and compounded

[32:16] and it just,

[32:18] I think the direction they're going in is better suited than

[32:22] what it could go in.

[32:25] Okay. Is that it? Yeah. I think Mr.

[32:29] Dietzel narrates through one of the key points

[32:32] of the five criteria and what I all,

[32:36] but what I find is that often as we are an evolving

[32:41] society, and there's often things that when planning

[32:46] and legislation

[32:48] and executive approval

[32:52] construct things like in the case of all government,

[32:55] sometimes things get lost through the cracks.

[32:57] And I think the fact that this is a licensure

[33:04] use and it's probably not one

[33:07] that when we were working on the legislative

[33:10] and executive process was even thought of.

[33:13] I think that that brings us back to is,

[33:17] is the use unreasonable?

[33:20] And to me this is because it protects the public,

[33:23] because it protects the, the critters.

[33:27] It is one that is a contact address and

[33:30] therefore needs, needs this approval,

[33:34] but does not stipulate that that there is

[33:39] in reflection of a use that's not really recognized,

[33:44] but does not impact the public negatively, I think is a use

[33:49] that is reasonable for the property when you are looking at

[33:54] that fifth leg of the, of the criteria.

[33:59] And so I think that this is overall a reasonable use

[34:03] that does not impact the public in a negative way.

[34:06] And I think it benefits the public by preserving

[34:11] what we often see and enjoy and,

[34:15] and not not seeing some mutilation on the side of the road.

[34:19] So anyway, that's my position on that.

[34:22] And, and so I'd like to move forward

[34:25] and construct the motion as code enforcement has requested,

[34:31] site plan determination should be added to this

[34:35] above and beyond the subject to obtaining all state

[34:39] and town permits and inspections.

[34:41] Are there any other conditions

[34:42] that the board voting members would like to

[34:47] apply to this motion?

[34:50] I think just the one, the not become a release site,

[34:55] just 'cause that was their biggest,

[34:57] what I felt was the biggest concern would be animals going

[35:02] there and then them releasing 'em there as well.

[35:06] We are aware that the supervisory aspects

[35:08] of this under this license, we,

[35:11] we didn't ask if there was inventory actually written

[35:15] for the animals that are brought in,

[35:17] but in in the idea of your concern,

[35:20] this being a release site, I think the licensure aspect

[35:24] of it ensures that it's not, not the case.

[35:27] Right. It's not a, it's just a debate. It's not a

[35:32] No.

[35:33] I didn't even think of if someone was to call

[35:35] and say they had, you know, five pets one day

[35:38] and now there's only four that it could, I just, I could see

[35:42] where it would go for Ms. Owens.

[35:44] So I think having it on the record

[35:46] that it can't be is enough.

[35:48] Are you, that's what you would like? Yes. Okay.

[35:51] Anybody have any opposition to that? No. Ms. Tr Ms. Doman.

[35:55] Okay. Address not to be.

[35:58] No, I was agreeing

[35:59] with you saying it didn't have to be there.

[36:01] Oh, okay. Very good. What'd You, what'd you say?

[36:05] She said it does not have to be on the,

[36:07] as a condition of the motion.

[36:10] All right. The last thing I I would want to point out is

[36:14] that the licensing goes with the individual on this and

[36:19] therefore as sunsetting can apply to the individual

[36:23] and not the property, I would ask that we sunset this

[36:28] and that when the greenbergs vacate

[36:30] or sell the home, that they're also that license

[36:35] to operate there expires

[36:37] and that someone else buying the home cannot just take

[36:40] that on under any needs.

[36:44] Anybody object to that?

[36:46] I think we should add a condition

[36:47] that should the greenbergs cease

[36:53] operating the rehabilitation center,

[36:56] that the variance would sunset also.

[36:59] Okay. Approval to operate

[37:07] Requires licensing

[37:10] Sunsets

[37:15] with the vacation of the vacating of the greenbergs.

[37:20] Correct?

[37:23] Well the thing is the greenbergs, could

[37:26] you stop doing this?

[37:28] Yes. You know, and when, when they no longer have a license,

[37:34] then I think the variance should lapse.

[37:36] Correct. Mr.

[37:38] Dietzel, did you follow along with my comment?

[37:42] I followed along, I think

[37:44] Written to your satisfac my satisfaction.

[37:46] Yep. Yep. Mr. Donlin,

[37:50] Strictly as, I suppose more devil's advocate than

[37:53] anything, I could see a world where one of their volunteers,

[37:58] specifically the person that might be renting it,

[38:00] would probably want to move forward

[38:02] and its stead when they are no longer trying to,

[38:06] and I could see that as being somewhat of a hurdle.

[38:11] Right. So the, the last condition of the motion says,

[38:14] approval to operate sunsets with the vacating

[38:17] of the greenbergs.

[38:19] Is that acceptable to you?

[38:23] Meaning when they sell it

[38:24] and they vacate it, their license goes,

[38:27] somebody else can't just come in and take a license over it.

[38:29] They'd have, somebody else would essentially have

[38:31] to come back here to do this all over again.

[38:33] Fair enough. Alright. Mrs. O Mor, you good with that?

[38:36] Yeah. Mr. Tripp as well? Yep. Alright, very good.

[38:39] That's third condition. Fourth and all. We all good? Yep.

[38:42] All right. Very good. Anything else? All right.

[38:45] The motion is structured.

[38:47] So with that, let's make a motion come out

[38:50] of deliberative Mr.

[38:51] De second. All right. Mr. Dietzel has a second off of Mr.

[38:56] Trip's motion. All in favor

[38:57] of coming outta deliberation, say aye.

[38:59] Aye. Aye. Aye. Any opposed? Very good.

[39:03] Mrs. Moore, you have a motion to read?

[39:06] I do. Thank you. I make a motion on case number

[39:10] 2 6 7 to grant a variance

[39:15] to the terms of Article six, section

[39:19] 1 65 dash four six A of the town

[39:23] of dairy zoning ordinance

[39:26] to allow a wildlife rehabilitation center use at the

[39:31] property parcel ID

[39:33] 0 8 0 4 1 0 0 1 zoned

[39:39] MDR as presented with the following conditions.

[39:42] We have three. One subject to obtaining Allstate

[39:46] and town permits and inspections.

[39:49] Two site plan by planning board site

[39:54] three approval to op.

[39:57] The approval is to operate

[39:59] sunsets when the greenbergs vacate the property.

[40:03] And that concludes the reading of the motion.

[40:05] I need a second,

[40:06] Mr.

[40:07] Donlin. Second. Thank you.

[40:11] Any comments there all?

[40:13] Let's get in finding of fact. I'm sorry,

[40:15] Sorry to interrupt if I could make a comment.

[40:17] It's called a site plan

[40:18] determination required by the planning board. Maybe

[40:21] You, did we get that?

[40:22] No, I said I didn't do determination. Okay.

[40:25] So I'd like to correct it for number two is site plan

[40:28] determination by planning board.

[40:30] You good there? Thank you. Very good. Thank you.

[40:34] I knew I was missing a word. Did you hear the pause?

[40:39] Alright, that motion's on the floor has been second.

[40:42] Let's work into the finding of fact.

[40:44] I know that the facts, some initial facts here, the,

[40:48] and I'll ask the board to contribute on this,

[40:51] but currently the applicant desires

[40:53] to create a wildlife rehabilitation center on the parcel.

[40:56] The applicants are licensed by the State of New Hampshire

[40:59] and the USDA,

[41:01] the parcel is in the Medium density residential district.

[41:04] And the license for is for rehabilitation

[41:08] and release as guideline by the state regulations.

[41:11] The activities of the center would remain unseen

[41:14] to the public and primarily operate indoors.

[41:19] Are there any other facts

[41:20] that you have heard in this case, Mr.

[41:23] Dietzel, that you'd like to have noted as a, as a heading?

[41:26] No. Thank you. Okay. Mr. Born? No, thank you. Mr. Trip.

[41:30] Did you mention that there's, they also have a license for

[41:36] exhibiting animals,

[41:37] but the animals had to be non releasable?

[41:40] I think I've indicated that the license has,

[41:43] that they have three licenses.

[41:45] Okay. Tooth fish and game one. The USDA. Is that good? Fine.

[41:50] Mr. Donlin, anything you'd like to add?

[41:52] No, sir. Alright, Very good.

[41:53] Well then let's get into the work through the findings

[41:56] of fact and how the board

[41:59] sees the depictions of the applicant.

[42:01] The first is the public interest. Mr.

[42:03] Dietzel, do you see anything there you'd like

[42:05] to mention on the public interest?

[42:09] I don't think it'll be contrary to the public interest.

[42:12] It, it's a, a, certainly a worthwhile endeavor.

[42:16] It is in the public interest

[42:18] and I don't, I think

[42:25] the first criterion is met.

[42:26] Okay. Mr. Mr.

[42:28] Donlin on the public interest, what do you say?

[42:33] I believe the variances will not be contrary

[42:35] to public interest for reasons stated.

[42:38] All right. Mrs. Moron

[42:40] Chair, I also agree that it will not be contrary

[42:43] to the public interest for reasons stated.

[42:46] All right, Mr. Tripp? Ditto.

[42:49] Alright. In my world, I find

[42:53] that this would be in the public interest as it's

[42:58] preserving our wildlife and,

[43:01] and making a benefit to our,

[43:05] to the public overall regarding the spirit of ordinance.

[43:10] Mr. Dietzel, what do you think?

[43:13] The main concern, I think was the fact

[43:17] that it wasn't gonna be an owner,

[43:19] opper owner occupied property.

[43:22] The applicant's asserted

[43:25] that it's really no different from any other property

[43:27] that's rented out.

[43:30] And I, I found that argument convincing.

[43:33] I don't, I don't think that it's contrary to the spirit

[43:36] of the ordinance, which is to keep rural neighborhoods rural

[43:41] and non-commercial

[43:44] and

[43:48] not, not crowded.

[43:49] So I, I believe that the spirit

[43:51] of the ordinance is maintained if we grant it.

[43:54] Very good. Mr. Donlin,

[43:56] how do you feel about the spirit of the ordinance?

[43:58] Feel the spirit of the ordinance is observed for a reason?

[44:02] Stated, and I will add on that no,

[44:07] really no structural changes

[44:09] or nothing elaborate

[44:11] to the residence itself is happening. This is all internal.

[44:14] Very good. I like that. Okay.

[44:16] No change to the property, Mrs. Mrs. Mor?

[44:21] I agree. The spirit of the ordinance is observed

[44:24] because it's not changing the character of the neighborhood

[44:27] and having the planning board.

[44:29] If they do, having them do the site work, they'll be able

[44:33] to put down anything.

[44:35] So to confirm, there'll be no changes.

[44:38] Very good. Mr. Tripp?

[44:40] Well, I believe that

[44:42] unless someone that is looking to bring a animal that's

[44:48] injured goes to the Fish and Game website and,

[44:51] and looks up where the rehabilitative sites are,

[44:56] they would never know that the Greenbergs were operating

[44:59] in a rehab center. Yeah,

[45:01] I, and I would say also the spear of the ordinances there

[45:04] of, everyone's touched on this, there's no change

[45:06] to the parcel at all.

[45:08] And, and as Mr.

[45:09] Tripp has just indicated, the use would be concealed.

[45:13] I think I recognize this is nothing more than a location

[45:17] for the, for the state to have the license registered

[45:21] and a second opportunity to keep the, the critters alive.

[45:27] I will say this, I was a, i I hunt

[45:30] and one time I found a moose in the last weekend

[45:33] of the season struggling in the, in the forest.

[45:36] And we, we were there in the woods till eight 30 at night

[45:40] trying to save it and fish and game came out the next day.

[45:43] So you can't save it. So they shot it

[45:45] and then I dragged it out and we ate it.

[45:46] So we

[45:48] Try to make The best students

[45:49] of everything though ways.

[45:52] Fish and game shot it, by the way. I did not, so anyway,

[45:56] You're not gonna be invited.

[45:59] When you said we drug it out, did fish

[46:01] and game help drag it out?

[46:03] Well, actually to get it outta the woods,

[46:05] they got an a TV up, hooked a cable to it, dragged it,

[46:08] and I had to ride on the handlebars of the,

[46:10] of the four wheeler to keep it from flipping.

[46:12] 'cause the moose was 700

[46:14] pounds substantial Justice.

[46:20] Mr. Dietzel, you wanna lead?

[46:23] Well, I, I I think that any potential harm

[46:26] to the public would be minimal or hypothetical only.

[46:29] I think the, the applicants did a pretty good job

[46:32] of addressing, addressing their concerns.

[46:36] And so I think the benefit to the applicants outweighs any

[46:39] potential harm to the public.

[46:41] I think substantial justice would be done if we were

[46:44] to allow this variant.

[46:46] All right, Mr. Don?

[46:49] I believe substantial justice is done as well.

[46:52] They're making good use of a property, somewhat

[46:56] of a busy road setback.

[46:57] Fairly unique property for CTO for sure.

[47:00] And I think this is a, a very unique

[47:04] and reasonable use of, of what's existing there.

[47:07] All right, very good. Mrs. Moore,

[47:09] I also agree for already thinks what Mr.

[47:13] Donlin had said, that I agree with him

[47:15] that substantial justice is done.

[47:18] Okay, Mr. Trip?

[47:20] Well, I, I don't believe that any harm is done

[47:23] to the public, but there is, you know,

[47:27] substantial, you know, good being done

[47:31] by keeping our little critters alive.

[47:35] All right. And I think that the substantial justice

[47:38] of the gain to the public outweighs

[47:43] is outweighed by the approval of this

[47:47] valuation values of surrounding properties.

[47:50] Are they diminished Mr. Dietzel?

[47:53] No. Okay. Mr. Donlin,

[47:56] I do not believe the values

[47:57] of the surrounding properties will be diminished.

[47:59] Very good. Mrs. Moore Chair, I agree as well.

[48:02] All right, Mr. Trip. I don't believe

[48:05] that there'll be any impact on the property values

[48:08] And Mr. Perkins would concur that I see no negative impact

[48:12] to the property or,

[48:13] or the surrounding properties as this is a contained use,

[48:17] primarily within the building or the structure,

[48:19] or in an unseen situation,

[48:22] literal enforcement creates unnecessary hardship.

[48:27] Mr. Dietzel, you wanna speak to that?

[48:28] And we can keep this category a if you'd like.

[48:35] The, the, the little paragraph one kind of says it all,

[48:39] the substantial relationship between literal enforcement

[48:44] and the, and the, the goals of the town that I take that

[48:48] to mean that we shouldn't be disallowing something

[48:51] for the sole purpose of disallowing it.

[48:54] We shouldn't, we should take into consideration the other

[48:57] four criteria and it should be based on the,

[49:02] the unique characteristics of the property.

[49:05] And that could be for the better or for the worse.

[49:08] And I, I just don't see how disapprove, how,

[49:16] how I see

[49:18] how a hardship would be created if we were

[49:21] to just simply say no.

[49:24] Alright. Very good, Mr. Donlin.

[49:27] Yeah, I agree. And I, I'll also say that if the,

[49:31] to your point or during the deliberative session

[49:33] of this might just be something that wasn't thought

[49:35] of when they were making zoning rules.

[49:36] And I would be willing to bet that's true.

[49:39] The state allows this, this is something

[49:41] that's clearly been thought of on, on, on some level fish

[49:44] and game wise, that's why there's a license.

[49:47] So it would, in my opinion, be a hardship to deny something

[49:50] that's allowed through the state just

[49:52] because our town doesn't have the, the means and the books

[49:56] Very good.

[49:57] Nicely said. Ms. Moore,

[49:59] I agree with both of them. I can't word it better.

[50:02] Okay, Mr. Tripp,

[50:07] Basically all we're doing by it

[50:12] saying that there's a

[50:17] hardship is creating a new use.

[50:22] And as several people said, you know, when we're

[50:26] in the process of developing our zoning ordinance, you know,

[50:31] who would've thought that we would need a, an

[50:36] animal rehabilitation center?

[50:38] Right? But I'm happy to create one.

[50:43] Well, little enforcement I find creates a nec unnecessary

[50:47] high hardship is this is a blind use and,

[50:50] and it's designed that way to help these, the critters that

[50:55] has brought this case forward to help rehabilitate them.

[50:58] And I see this as a peaceful transition.

[51:00] So therefore I, I support this on

[51:04] that fi f fifth leg as well.

[51:07] That being said, does not require us to go into section B

[51:10] of, of, of the fifth leg.

[51:12] Brings us back to the motion sheet

[51:17] if no one has anything else on the five on the finding

[51:20] of fact, all those in favor

[51:23] of moving this for a vote, say aye.

[51:24] Aye. Aye. Any, any opposed? Mr. Donlin? Yes. Mr. Tripp? Yes.

[51:29] Mr. Dietzel? Yes. Ms. Morn? Yes. And the chair votes Yes.

[51:33] Makes that a unanimous.

[51:35] So congratulations folks, you've passed

[51:37] by a vote of five to zero.

[51:41] Thank you. We appreciate very much. Thank you.

[51:45] Kind of brings a tear to your eye.

[51:47] But anyway, anybody agreed by this has 30 days

[51:50] to ask this board for reconsideration.

[51:52] After that recourse will be to superior court.

[51:54] Okay? Good luck.

[51:56] And if you get a raccoon that you can't release,

[52:00] you can bring 'em for the next experience.

[52:02] Anybody wants a bat? Are they playing possum?

[52:11] There's lot of people leaving,

[52:18] My goodness.

[52:20] Alright, Let's get, keep moving.

[52:22] Case number 26 dash 1 1 8.

[52:25] This would be Kozo Enterprises,

[52:28] LLCA.

[52:46] Good evening gentlemen, you'd like

[52:47] care to introduce yourselves?

[52:49] Good evening. My name is Rob Degan with SNH Land Services.

[52:53] With me tonight is Mike Kuzo.

[52:56] How you doing? Michael Kuzo.

[52:58] Okay, very good. And you are representing Mr. Kuzo?

[53:02] That is correct. Alright, Well

[53:04] Cool.

[53:05] So what we ask for is our protocol is

[53:07] that we have five criteria.

[53:09] Read first for the record

[53:10] and then we will move on from there

[53:12] and bar you with questions. Sound

[53:16] Good?

[53:17] Absolutely. Alright. All right.

[53:21] My favorite part of this. Okay.

[53:23] Variance will not be contrary to public interest.

[53:26] The applicant's use of the property has had a

[53:28] negligible impact on the public.

[53:31] To deny the variance would be a disruption to his business.

[53:35] Thus any benefit to the public would be outweighed

[53:37] by the impact on the applicant.

[53:41] Spirit of the ordinance,

[53:42] the applicant's use uses the property,

[53:45] does not threaten the health, safety,

[53:46] and welfare of the community, thus is not contrary

[53:49] to the spirit and intent of the ordinance.

[53:52] Substantial justice, multiple properties in the surrounding

[53:56] neighborhood are multi-unit dwellings with mixed use

[53:58] and dwellings on the ground floor.

[54:01] Denying the variance would be a

[54:03] disruption to the applicant's business.

[54:05] Any benefit to the public would be outweighed

[54:07] by the impact on the applicant value

[54:11] of surrounding properties.

[54:13] The applicant seeks to maintain a nonconforming situation

[54:16] while correcting some encroachments

[54:17] and providing additional screening.

[54:19] There have been no complaints from the surrounding property

[54:22] owners regarding the use of this property,

[54:24] thus granting the variance would not increase impact on the

[54:27] applicant's property has on its neighbors.

[54:30] The nonconforming residential use is compatible

[54:32] with the surrounding neighborhood,

[54:33] which contains multiple similar use uses

[54:37] and literal enforcement.

[54:39] The property is the best place for the applicant

[54:41] to store his excess materials.

[54:43] If the materials were

[54:44] to be moved onto the property at 27 Franklin,

[54:47] they would represent a greater public nuisance

[54:49] as the only practical location

[54:51] to store them would be in the front yard

[54:52] of the house of 27 Franklin.

[54:54] On the backside of the property at six Pearl Street,

[54:57] the materials are screened from Pearl Street

[54:59] and the by the building and topography

[55:01] and additional private sea fencing is proposed

[55:04] to further screen the site from neighboring properties.

[55:10] Anything else you wish to add off script?

[55:12] Yeah, so I, I just wanted to give a brief history of this.

[55:17] So Mr. Kuzo bought six Pearl Street first.

[55:21] He, you can see from the, the maps

[55:23] provided he owns six Pearl and 27 Franklin.

[55:28] And then when the property at 27 Franklin became vacant

[55:32] and available, he, he acquired that as well

[55:34] and he began operating his business out of it,

[55:37] which is a contracting company.

[55:40] They install like patios and stuff.

[55:42] Yeah, like patios, masonary, masonry work.

[55:46] And he was blissfully unaware

[55:48] that he needed site plan approval for this.

[55:50] And the, the town came to him last year

[55:55] and said, Hey, you need to have a site plan for this.

[55:59] So our company got involved, we prepared a

[56:03] proposed site plan for him

[56:05] and then we, we went to the technical review committee

[56:09] and you know, got input from all the departments

[56:12] and everything was moving along.

[56:13] And then it was determined that, oh wait, the materials

[56:17] at six Pearl constitute a contractor yard,

[56:21] which is not an allowed use in

[56:23] the central business district.

[56:24] Whereas the contractor use is.

[56:28] So what we're here to do is get a variance

[56:32] to continue his use of the back of the property.

[56:36] So what he's doing on the back of the property, it's not

[56:41] what you would necessarily think

[56:43] of when you hear the phrase contractor yard.

[56:46] You might be thinking of like a lumber yard where

[56:49] customers come in and pick out product

[56:51] and bring in a truck and take it away.

[56:53] That's not what's happening there.

[56:55] What's happening there is storage of excess materials

[56:58] and like, you know,

[57:00] parking a trailer there overnight and stuff like that.

[57:04] So it's not, there's no customer activity there. Okay.

[57:09] Or public activity. It's just things are being stored.

[57:15] So that's where we are now.

[57:16] And as a kind of an addendum to that,

[57:21] the reason we we brought up the residential use is that,

[57:25] you know, because now we're changing the property,

[57:29] we're asking for change of use.

[57:32] The what would be a grandfathered use really needs to be

[57:36] like, okay, so the front of the property at Six Pearl

[57:40] is a three three unit residential building.

[57:45] And as the board is aware, in the central business district,

[57:49] multifamily is allowed as an accessory to

[57:53] and like above the first floor.

[57:56] So it's supposed to be like commercial use on the ground

[57:59] floor with residences above is what's permitted.

[58:04] And that's not what's there.

[58:05] It's just a house which is in keeping

[58:10] with all the surrounding properties.

[58:12] You know, next door there's a four unit building.

[58:14] The other side, there's a, I believe two unit building

[58:18] and then none of them have businesses in them.

[58:21] So we're just looking to maintain the status quo

[58:25] of what's going on there.

[58:28] Do you have anything you wanna add, Mike?

[58:32] Mainly this is just like a storage shed

[58:36] to put all the equipment

[58:37] and anything that, that they brought up

[58:40] that wouldn't be allowed in this district.

[58:42] So it would just kind of house that it's, it, I'm not

[58:47] looking to ruffle any feathers, I just want to continue

[58:50] to move forward

[58:51] and operate the business out of that location.

[58:56] So you purchased Pearl Street first

[58:59] and the second Franklin was the Bruno residence.

[59:02] Am I correct? Yes. And when did you purchase

[59:05] the Pearl Street property?

[59:07] Geez, I think it's been eight years ago now. Okay.

[59:10] I wanna say

[59:12] When did you purchase the Bruno property?

[59:16] Probably two years after that, so six years ago.

[59:18] Six years ago. Okay. And that's

[59:20] how long the business has been going out of there since I

[59:23] bought the first property.

[59:24] Alright. So my understanding is that you have been,

[59:27] that you purchased the Pearl Street

[59:30] property as a multifamily?

[59:31] Yes sir. And you reside there as well?

[59:35] No, I did and then we purchased Franklin Street

[59:37] and you redid that.

[59:39] And then we moved

[59:40] to Marlborough Street actually now, so. Okay.

[59:42] So how long were you operating your business

[59:46] out of Pearl Street?

[59:48] Right from day one

[59:50] Pr pretty much it was like a side business.

[59:51] At first I worked for a local company

[59:53] and I had my first daughter, multifamily

[59:55] and next thing you know, here we are.

[59:58] Okay. Ms. Owen, do we have images of, of

[1:00:02] what we're dealing with in these files by chance or not?

[1:00:06] We do, yes. I I can look, that's not a problem,

[1:00:08] but I want to see if, if we had that.

[1:00:13] What was the, this file here? Hang on just a second, Mr.

[1:00:17] Chair. Point of order. Yes sir. Who is the fifth member?

[1:00:22] Good question. Who'd like to be the fifth member? Mr.

[1:00:25] Dani would like to be, he raised his hand. Mr.

[1:00:29] Dani, would you sit on this case please? Thank you Mr. Don.

[1:00:32] Yes. For bringing up my attention.

[1:00:33] We'll swing back around to you afterwards.

[1:00:36] Let me distribute these photos here

[1:00:40] and so I get a good feel and idea on this.

[1:00:46] So now you're a full-time kind of contractor?

[1:00:49] Yes Sir. And I don't know that I, that I

[1:00:54] necessarily agree with the description

[1:00:57] of contractor yard being one that looks like a lumber yard,

[1:01:01] but I think we understand.

[1:01:03] So what, what each other is saying here.

[1:01:10] So do you have a,

[1:01:15] a structure that's being built here or a shed

[1:01:18] or something or garage?

[1:01:19] So I don't, currently, I have like a storage container

[1:01:22] and another like tent apparatus

[1:01:24] should say on like bin block.

[1:01:26] Okay. But we, this main area is

[1:01:28] where I park different trucks

[1:01:30] and just store hand tools

[1:01:35] where the guys load up in the morning.

[1:01:37] It won't be a ton of activity during the day.

[1:01:39] It's pretty much when they come in at seven

[1:01:41] and when they get back at four 30.

[1:01:44] And part of the proposed plan,

[1:01:45] which is obviously gonna have to go back

[1:01:47] through the planning board, is to put a

[1:01:49] three bay garage up in, in there

[1:01:53] and erect some like privacy fence like vinyl fencing

[1:01:57] around the area

[1:02:01] To shield Screen.

[1:02:02] Yeah. Just to make a, a nice visual screen.

[1:02:05] I'm gonna distribute the pictures here to everybody.

[1:02:07] What I'm seeing on this is storage containers,

[1:02:12] metal storage containers.

[1:02:14] Are those on the Franklin Street property or the,

[1:02:16] Those are actually on Pearl Street.

[1:02:19] On Pearl Street. Okay. Yeah.

[1:02:23] Let me, let me hand these out.

[1:02:25] I'm gonna go to the left with the photos and then Mr.

[1:02:27] Dani, Mr. Dietzel, you guys can take

[1:02:29] a look at it afterwards.

[1:02:31] And in the meantime let's get a narrative from Code

[1:02:35] Enforcement and see what was going on

[1:02:37] and how this one came about.

[1:02:39] Sure. Thank you. As the applicant stated,

[1:02:42] so they're requesting a variance

[1:02:43] to utilize the existing rear portion of the property of

[1:02:47] the subject property six Pearl Street

[1:02:49] to allow the construction of a three bay contractor garage

[1:02:52] for the use by the business at the abutting property at

[1:02:55] 27 Franklin Street.

[1:02:57] As the applicant stated,

[1:02:58] he owns the adjacent property at 27 Franklin

[1:03:01] and operates a masonry contracting business out

[1:03:04] of the existing detached garage on the property,

[1:03:07] which also contains a separate multifamily.

[1:03:10] The current application is intended to be used by

[1:03:13] and support the existing business operations at

[1:03:16] 27 Franklin Street.

[1:03:18] Do you have a little history, background and timeline?

[1:03:22] This originally came to us

[1:03:24] as a compliance issue involving the ABUT

[1:03:26] and property at 27 Franklin Street for a business operating

[1:03:29] beyond the limits of a change of use.

[1:03:32] The owner at that time was instructed

[1:03:34] to capture the expanded business through a new change

[1:03:37] of use application.

[1:03:39] In November of 2024.

[1:03:42] The change of use application notice of decision was issued

[1:03:47] and it was at that time determined

[1:03:48] that site plan determination would be required

[1:03:50] by the planning board.

[1:03:53] August, 2025 is when the official TRC meeting happened

[1:03:59] and that application was our representing the business

[1:04:01] operations at 27 Franklin Street at that time only,

[1:04:05] not the sixth Pearl Street property.

[1:04:08] During that follow following the TRC meeting

[1:04:12] revisions were requested to the plan based on the operations

[1:04:15] that were visible that we could, we could see

[1:04:19] and a survey of six Pearl Street was requested

[1:04:22] for the onsite material storage.

[1:04:25] And then January, 2026 is when we received the revised TRC

[1:04:29] plans and that's

[1:04:30] where we saw the reflection on six Pearl Street

[1:04:33] and determined at that time

[1:04:34] that the variance would be required

[1:04:35] for the contractor yard use.

[1:04:39] So as, as kind of previously stated, this prop, both

[1:04:43] of these properties, but this property,

[1:04:44] subject property is located in the CBD

[1:04:47] Central Business District.

[1:04:48] It does meet the definition of what we would describe

[1:04:51] as a contractor yard

[1:04:52] as outlined in our town ordinance definition.

[1:04:57] So therefore the, the variance is being requested,

[1:04:59] this would add a commercial use

[1:05:02] to the preexisting non-conforming multifamily

[1:05:06] residential property.

[1:05:08] That existing structure

[1:05:10] based on our records was built in 1895.

[1:05:13] So that came long, you know, well before zoning.

[1:05:17] So if approved at tonight's meeting, completion

[1:05:21] of the site plan, approval is required by planning board

[1:05:24] and appropriate permits and inspections are required.

[1:05:28] And as the board you can elect

[1:05:30] to perform a site walk if you choose as well.

[1:05:34] Okay. And that's it, That's it.

[1:05:37] Did did you get a registered complaint on this?

[1:05:39] Is that how this came about?

[1:05:41] So this honestly started before I came on board.

[1:05:45] From my understanding it was between complaint

[1:05:49] and just visual of the operations being close

[1:05:53] to the town hall.

[1:05:56] Okay. I'm noticing on the site plan that

[1:06:02] there's some materials that seem to be on a boundary

[1:06:05] and they're over the boundary.

[1:06:06] Am I correct? That is correct.

[1:06:08] And have those been cleaned up at this point

[1:06:10] or is it just left? Have they left yet?

[1:06:12] Yeah, they were moved.

[1:06:14] I didn't look today 'cause

[1:06:16] but my guys do tend to put things

[1:06:18] you're talking about on the hillside

[1:06:19] leading up to Pearl. Right?

[1:06:21] I don't know. I have, I have on your, on your plan

[1:06:24] where just above where it says notes, I can see

[1:06:26] that there's materials to be relocated.

[1:06:28] Yeah. Hashed out. Right.

[1:06:30] So that, what was there we call it, it's just a bunch

[1:06:33] of like extra pallets of brick and stuff like that.

[1:06:35] We've started going through

[1:06:36] 'em, I started moving everything.

[1:06:37] So it's definitely about 10, 10, 15 feet back.

[1:06:41] I haven't gotten rid of all the brick yet,

[1:06:42] but I definitely moved them off the border of the property.

[1:06:45] I think what we're looking at and,

[1:06:47] and what's being addressed is the concern about when,

[1:06:51] when a when there's something of this impact

[1:06:54] that happens in a close proximity, it it,

[1:06:58] it almost on its own doesn't become

[1:07:02] something that's a good thing.

[1:07:03] Right? When you see it spilling over onto other properties

[1:07:06] and, and not being properly contained.

[1:07:10] That would be a concern, especially in a,

[1:07:12] in a very high impacted area

[1:07:14] of residences in this, in this regard.

[1:07:17] Right. And so one

[1:07:19] of the hurdles I think the board may face is

[1:07:22] how do we give this approval

[1:07:23] and make sure that it's, that it's clean

[1:07:26] and it's not an issue going forward

[1:07:29] because it's with, with sand

[1:07:31] and landscape materials, those can tend to spill over

[1:07:34] and get out of control versus if it was a stack of lumber,

[1:07:38] you can co cover with a tarp

[1:07:40] and it's easier to move around. Right.

[1:07:41] No, absolutely. So just going off of your point, I mean

[1:07:46] the yard's pretty tidy.

[1:07:48] There's not many areas of like clutter.

[1:07:52] I don't have like fill piles there.

[1:07:55] I I don't really have any sand.

[1:07:56] It's more or less like brick mortar and,

[1:07:59] and that stuff stays pretty organized.

[1:08:01] I but I, I do understand what you're saying

[1:08:05] and I know that you talked about a complaint,

[1:08:07] but I, I haven't heard ev any complaints.

[1:08:09] It was just the fact that we were so close to the town hall

[1:08:13] and then the business was growing

[1:08:14] and then more trucks, more guys

[1:08:15] and then they were just like, Hey, you know,

[1:08:17] did you know you can't, you know, I

[1:08:19] and I had no idea You're spilling over.

[1:08:20] Exactly. Yeah. Yeah.

[1:08:21] Okay. If I, if I may, I believe it mainly got noticed just

[1:08:25] 'cause Liz, Roberto drove, drove by it every day.

[1:08:28] 'cause it's literally right around the corner.

[1:08:29] So every time she came to work she's

[1:08:30] like, it's going on here.

[1:08:33] Okay. And it was actually stated to us explicitly at the TRC

[1:08:37] that no complaints had been filed by them.

[1:08:41] Just people noticed it by the people around us.

[1:08:43] Got it. Okay. How are we doing

[1:08:45] with those photos down there, Mr. Henry?

[1:08:46] We pass 'em down. When you, when you get done with them,

[1:08:50] would you take those all the way back down to Mr.

[1:08:53] Ani for me? Thank you.

[1:08:54] Yeah. If I may also, sure.

[1:08:57] To your point about the ongoing encroachment situations,

[1:09:01] there's no way we're getting

[1:09:02] through the planning board without addressing that.

[1:09:05] So the, the planning board will make sure that, you know,

[1:09:09] when, when this gets approved, it is above board.

[1:09:13] Yep. I understand.

[1:09:15] And we've already, but then that takes us back

[1:09:17] to the criteria of the variance itself.

[1:09:18] Right. The zone requires if it's going to be a commercial

[1:09:24] property that some kind of,

[1:09:26] that typically a business would take the first floor

[1:09:30] and then the residences could be above.

[1:09:32] And I understand when that ordinance shifted

[1:09:35] and its, its in intentions at the time

[1:09:39] that were thought the, to be in good shape.

[1:09:43] I think that we have a new structure on the corner here

[1:09:46] that was one of those that face hurdles to comply with the,

[1:09:51] with that, with that same ordinance.

[1:09:57] Any, any reason. So where's this new

[1:09:59] garage that you're going to build?

[1:10:00] Is it on Pearl Street or Franklin? It's

[1:10:02] On the Pearl Street.

[1:10:03] It's on the, the site plan there.

[1:10:06] You have it on your screen in front of you.

[1:10:09] It's the blue rectangle near the north

[1:10:12] or I guess that would be the easterly side of six Pearl?

[1:10:15] Yeah, just above where the hand is

[1:10:16] there. I see. There you go.

[1:10:18] That's gonna be the garage. That's correct. Okay.

[1:10:21] Now is that an open bay garage just a roof over

[1:10:24] or is it a enclosed garage?

[1:10:27] I believe metal roof

[1:10:28] Yeah, so I was planning on metal and enc.

[1:10:31] Yeah. Enclosed. I would like to, I'm kind

[1:10:33] of here just hoping you'll tell me I can do something.

[1:10:36] Garage, garage, garage. So whatever you guys

[1:10:37] garage, whatever you guys say I could do.

[1:10:39] I'll do, you know, garage

[1:10:40] Doors?

[1:10:41] I would like to, yes. Yeah. Okay.

[1:10:42] Alright. Alright, well let me rest. I've gabbed enough.

[1:10:46] Anybody have any questions Mr. Trip?

[1:10:52] Not at this time. Okay, Ms. Moore?

[1:10:55] No, but our

[1:10:57] Variance is 27 Franklin Street

[1:11:00] and I You just said the garage is going on sixth Pearl?

[1:11:04] Yes. Alright. I just wanna make sure it's correct.

[1:11:08] Is is the address on this,

[1:11:10] because the applicant li resides at 27 Franklin,

[1:11:14] but it's the property that we have to give the relief to

[1:11:18] or not is on Pearl.

[1:11:22] The, the prop property for relief is on Pearl. Correct.

[1:11:25] But, but to be utilized by 27. Got

[1:11:27] It.

[1:11:28] Okay.

[1:11:29] Could you say that again please?

[1:11:31] Business, could you say that again

[1:11:33] Please?

[1:11:34] So the relief is requested for six Pearl Street for use

[1:11:39] at the adjacent 27 Franklin Street.

[1:11:44] So are you thinking a driveway connecting the two?

[1:11:46] Well that's what I was just gonna point out.

[1:11:48] So I mean, when we first started clearing all the clutter

[1:11:52] and stuff out of Pearl, when we purchased it,

[1:11:54] it was just cut down wood piles of wood

[1:11:57] and you know, that 27 Franklin was an

[1:11:59] eyesore for quite some time.

[1:12:01] We did a ton of work there.

[1:12:03] I think it was vac nobody was there for 10 years.

[1:12:06] So we ended up doing everything.

[1:12:09] I've, we keep keep up with the, the property pretty well,

[1:12:13] but if you look right

[1:12:15] after those parking spots there, there's a little, like,

[1:12:17] there's a, there's a gravel entryway

[1:12:20] into the gravel lot right now.

[1:12:23] And that's just kind of how I get in and out.

[1:12:25] And so I guess you could say that's a proposed driveway.

[1:12:30] I, I could pave it, but I,

[1:12:31] I was thinking I I would just leave it gravel if that was,

[1:12:34] but whatever you guys want me to do, I'll do.

[1:12:36] I just didn't want to add more pavement,

[1:12:38] square footage than worry about runoff

[1:12:39] and, and all the other stuff.

[1:12:42] Okay, Mr. Dani?

[1:12:44] Yeah, I actually, I do have a question.

[1:12:46] So with the

[1:12:49] Franklin Street being a large lot in more locations

[1:12:53] and you're gonna be putting a building in already,

[1:12:55] why do we need to do a mixed use on the other property?

[1:12:59] So the building is on the

[1:13:00] other property, if you look, it's connected.

[1:13:02] So I just tried to, I don't, everything

[1:13:06] is just like tucked away over here.

[1:13:07] So if you really drive by, I I, my hope is

[1:13:10] that it doesn't affect the other residents

[1:13:12] or you don't really see it if everything's put away.

[1:13:15] Well I guess what I was looking at is when I'm looking at

[1:13:17] the pictures, you have a lot of stuff all over the place.

[1:13:19] It looks very cramped

[1:13:21] and tight where the other lot is wide open.

[1:13:24] And if you were putting a store, if you were putting

[1:13:27] a metal unit to store all that stuff

[1:13:31] and that other unit's more commercial than residential.

[1:13:35] It just makes to me more sense where

[1:13:37] you're stuffing everything in a very small envelope.

[1:13:41] I think some of the open space shows that it's

[1:13:45] for work vehicles and employee parking and

[1:13:49] Stuff.

[1:13:50] No, I understand that, but there's that large patch

[1:13:51] of grass on the left hand side that there's nothing there

[1:13:56] on Franklin Street.

[1:13:59] Right. And we'd be turning that into a bit

[1:14:02] of an eyesore if we moved all, all the stuff down there.

[1:14:06] I was thinking about putting an apartment complex right

[1:14:08] There unmatch everything else in dairy.

[1:14:11] Great. Yeah, exactly. No, no,

[1:14:12] I meant if you're putting a building, you're saying

[1:14:14] that you're gonna be doing a structure on Pearl Street.

[1:14:17] If you do the same structure, then it's not gonna be an eyeo

[1:14:20] 'cause it would be tucked away and

[1:14:21] hit it inside your structure.

[1:14:24] No, a hundred percent. I mean, if you want to propose,

[1:14:27] propose me to put it on the lawn and that, that's fine.

[1:14:30] I just thought it would be tucked away in the back there

[1:14:32] where everything's been for years and nobody's complained.

[1:14:36] I don't know if it's like the noise

[1:14:37] or whatever that nobody hears 'cause all the trees there,

[1:14:40] but I, I feel as if it would disrupt the, the,

[1:14:43] the neighbor neighbors more.

[1:14:45] If it was on that, that grass area.

[1:14:48] It would also possibly be an issue with the existing water

[1:14:51] and sewer lines for the house on 27.

[1:14:53] 'cause you'd be putting a concrete

[1:14:56] slab building on top of them.

[1:15:02] I'm not sure where the plumbing goes.

[1:15:03] I'm not gonna comment.

[1:15:05] Well, it's shown on the plan, but

[1:15:12] I'm all set.

[1:15:13] Okay. Mr. Dietzel.

[1:15:15] Yeah, I i I think my question is from Ms. Owen,

[1:15:19] did you say that currently as things are right now,

[1:15:26] the property is not in compliance?

[1:15:28] Or is it just what he's proposing tonight

[1:15:31] that's not in compliance?

[1:15:33] The way that it is operating today

[1:15:36] and has been is not in compliance.

[1:15:37] It's not in compliance And we're trying

[1:15:39] to bring it into compliance with this variance.

[1:15:42] And so, and so if we grant the variance,

[1:15:46] he still won't be in compliance,

[1:15:49] but he'll be less in compliance but have the variance.

[1:15:52] So he'd be okay

[1:15:55] And still Would need to complete.

[1:15:56] So in effect he's still not in compliance,

[1:15:59] but it's better than it was before

[1:16:00] or less non-compliant than before.

[1:16:06] O okay. Okay. Thank you.

[1:16:11] I think that's all for the moment, Mr. Chair.

[1:16:14] I think Mr. Dani's question was why not

[1:16:18] consolidate everything into onto one parcel

[1:16:22] where there's not a controversy

[1:16:24] and where there's a history of that type of operation.

[1:16:28] Salt Sanders, you know, trucks onto,

[1:16:32] what I'm gesturing towards is the Franklin Street parcel.

[1:16:36] I, I don't want to necessarily say

[1:16:38] that you would park it over the water sewer lines,

[1:16:41] but I guess that's my inquiry is why, why not do that

[1:16:46] and keep that historical aspect the way it was

[1:16:50] and the way it was recognized

[1:16:55] At this point.

[1:16:56] It's already existing where it is now, so seemed easier

[1:17:00] to ask for the variance

[1:17:04] and not relocate at all.

[1:17:06] And like I said, it would be a bit

[1:17:10] of an eyesore down there on the road, but,

[1:17:13] Well, it's hard.

[1:17:14] I was, I was just trying to solve the problem by the,

[1:17:16] the biggest problem was the storage of the materials.

[1:17:19] Right. That's why the various, that's why they

[1:17:20] said you have to come here.

[1:17:21] So I said, okay, no problem. So what I'll do is I'll,

[1:17:23] I'll just bring, build the shed right.

[1:17:25] And I'll put everything inside so it doesn't bother anybody.

[1:17:27] And then I I I am in, I'm, I'm in compliance with

[1:17:31] that. Yeah. You

[1:17:32] Know, the, the, the question is not necessarily whether

[1:17:35] you're doing the right or wrong.

[1:17:36] Yes. But it's, it's that you have this issue going on

[1:17:40] and the question is, you know, why not remedy it this way

[1:17:44] as opposed to trying to get the graces of this board

[1:17:47] to give you that relief.

[1:17:49] You know? And, and, and that in itself,

[1:17:51] that movement in itself needs vetting

[1:17:55] to see where that goes.

[1:17:56] It just, to me it made more sense.

[1:17:59] And it goes back to, you know, the idea

[1:18:02] that when I see materials that are apparently

[1:18:04] over somebody else's property line that, you know,

[1:18:09] how do you, how do you address this

[1:18:11] and, you know, make it simpler.

[1:18:13] That's all. So there's no necessarily right

[1:18:15] or wrong answer, it's just what's the answer?

[1:18:18] The, the path of least resistance for you

[1:18:22] or for the, the, the board, the community?

[1:18:25] No, absolutely. That the house is currently now I'm, I'm,

[1:18:28] I don't reside at 27th Franklin anymore,

[1:18:30] so I actually have it rented.

[1:18:32] I See. You know, so I, I didn't want to really, I try

[1:18:35] to keep it the business to certain hours

[1:18:37] and I I wasn't planning on taking

[1:18:38] that whole front lawn away.

[1:18:41] But I do understand what you're saying.

[1:18:43] And if that, that is,

[1:18:45] that is definitely an option. A hundred percent.

[1:18:47] Well, and it's not to direct you, it's to ask why

[1:18:50] that wasn't considered.

[1:18:51] You're answering that question whether

[1:18:53] or not that sways the board

[1:18:54] or not, I don't know. But yeah, no, being

[1:18:56] Honest, You know, it's just always best to come in

[1:18:58] with solutions in soft

[1:18:59] and we try to find what that, what the compromise is

[1:19:03] and weed out, you know, to the five criteria.

[1:19:07] So anyway. Anybody else have any other questions?

[1:19:12] Mr. Henry?

[1:19:15] So I see there's a proposed fence on the right here.

[1:19:20] Yep. As part of Pearl Street.

[1:19:23] And I saw in the pictures that a lot

[1:19:25] of the materials are visible from Franklin Street.

[1:19:28] Is there a reason there's not part

[1:19:30] of a proposed fence there?

[1:19:31] So some of that might be hidden.

[1:19:35] Oh, the,

[1:19:43] You got the hillside and the trees

[1:19:46] and the neighbors shed there.

[1:19:48] Okay. So the materials you're talking about

[1:19:50] that you can see from down here would be this pile

[1:19:55] and like the, the container that's there

[1:19:58] and the, this little sand she thing.

[1:20:01] And that's where the garage would go.

[1:20:04] But this side of the property,

[1:20:07] there's much more view from the neighboring land

[1:20:09] because it's a lot flatter there.

[1:20:12] So the fence around that would shield that.

[1:20:17] And you're not gonna see anything from Pearl Street

[1:20:19] because the building and the hillside kind

[1:20:21] of comes up and goes back down.

[1:20:25] Okay, thank you. I think one of the concerns

[1:20:29] that I have going forward, and Mr.

[1:20:32] Dietzel addressed it in the prior case was, you know, the,

[1:20:35] the hardship aspect, right?

[1:20:37] And because this becomes a voluntary thing that starts

[1:20:40] to grow and, and expand almost

[1:20:44] accidentally without someone knowing

[1:20:46] that they're not in compliance.

[1:20:47] Right. You few rocks, few bricks here

[1:20:50] and there doing it on the weekend

[1:20:52] and the next thing you know, you've got this, this,

[1:20:55] you know, accumulation of stuff.

[1:20:58] And to be honest with you, some of the pictures aren't

[1:21:01] so flattering in my eyes either, right.

[1:21:04] Especially with the storage containers there and whatnot.

[1:21:07] So it's not a good fit for, for the, that area in,

[1:21:12] in my personal view at this point.

[1:21:15] And so the introduction of questions

[1:21:17] and why not this, why not that is where that leads

[1:21:20] to you folks.

[1:21:23] You guys have anything else right now? No,

[1:21:27] I do not.

[1:21:28] I have a question. Mr. Trip, how do you access the

[1:21:36] construction material from Pearl Street?

[1:21:40] You you don't, You don't,

[1:21:42] You don't.

[1:21:43] So the elevation, if you're looking at Pearl Street,

[1:21:45] when you, when you described like a hill, it's gotta be,

[1:21:48] I mean from the top of the driveway it's

[1:21:50] gotta be 15 feet down to

[1:21:51] The street.

[1:21:52] So when you bring material in, you always,

[1:21:53] you always bring it in from on the Franklin Street side,

[1:21:56] Everything.

[1:21:57] Yeah. So if you look at that, that access right next to the,

[1:21:59] the current garage Yep.

[1:22:01] And the shop in the office. Yep.

[1:22:02] You, you have to come in right there

[1:22:05] and then go, go over there.

[1:22:07] So it's mainly like, you know,

[1:22:08] those materials do get offloaded and it's excess material.

[1:22:11] Yep. But like I, it's mainly we park a lot of trucks there

[1:22:15] and, and, and if I've been getting rid of materials

[1:22:18] as we go, but I figured this proposed shed would literally

[1:22:22] solve everybody's problem and it would look nice tight.

[1:22:25] Now where do you park the trucks?

[1:22:27] Right there Where the,

[1:22:29] where it says grab a yes, grab a lot. Yes sir.

[1:22:31] Yes sir. Yep. So that's where like they,

[1:22:34] the guys will load up from the container if they need a tool

[1:22:36] or something like that and then they pull out and they go,

[1:22:39] So what do you use 44 40,

[1:22:43] whatever Franklin Street is for.

[1:22:45] So that's right in the front there. That's the shop.

[1:22:48] If you come outta here and you take a left, you'll see it.

[1:22:50] That's the shop? Yep.

[1:22:51] That's got a garage bay,

[1:22:53] it's got a lift on the other side, some storage.

[1:22:56] We just ran the, the sewer line and the water line in there.

[1:22:59] And then I have an office upstairs.

[1:23:01] Alright. Is where, where is the office?

[1:23:07] I I see in the, in the garage there on Franklin

[1:23:09] Street?

[1:23:10] Yes sir. So if you Yes, it's right above the right side.

[1:23:13] It's like, not huge, but it's like 800 square.

[1:23:17] I don't know, it may be six, 700

[1:23:18] square feet. I'm not exactly sure.

[1:23:20] Okay. So is a business a permitted

[1:23:25] use at Franklin Street?

[1:23:28] It is. It came through originally as a change of use

[1:23:31] because there was a prior business operating out of there.

[1:23:35] And then the, it was a similar use

[1:23:37] and so that's how it was looked at internally.

[1:23:42] Why, why not expand off of building B

[1:23:49] Off of building?

[1:23:50] Well, building B On 27th.

[1:23:52] I mean, the biggest, we, we were kind

[1:23:55] of worried about the parking for the employees.

[1:23:56] So right now I have about like 12 or 13 working employees.

[1:24:02] Some of 'em walk to work, they live locally,

[1:24:03] but you know, with the spots.

[1:24:06] So we, we didn't want to, you know,

[1:24:11] put a building there

[1:24:12] and then I just wouldn't have a location for them to park.

[1:24:14] Then they'd be parking all over the streets and stuff. So

[1:24:16] They can, I don't know if parking

[1:24:21] closer to Pearl Street would still be allowed

[1:24:25] or not for employees if that.

[1:24:30] Well, no, I, they don't, nobody,

[1:24:31] they all park in these spaces right here.

[1:24:33] So if I made building B bigger, I,

[1:24:36] I don't know if I'd have the parking spot.

[1:24:37] So no matter what, I'd have to get rid

[1:24:39] of the grass on that left side I guess. Well,

[1:24:41] No.

[1:24:42] Oh, I was saying for them to park back where the material

[1:24:44] and stuff is instead. Oh,

[1:24:46] Okay.

[1:24:47] Oh, okay, okay. Yeah, yeah.

[1:24:47] I I guess yeah, that's an option.

[1:24:50] But regardless we're putting,

[1:24:51] then it would be the asphalt thing.

[1:24:53] Right. And we're just putting,

[1:24:58] Hmm.

[1:24:59] So,

[1:25:00] So, so what are we, what's being asked for?

[1:25:05] I'm confused.

[1:25:08] Me too. So they are essentially

[1:25:12] asking for, to use the rear portion of six Pearl Street

[1:25:18] to add a contractor yard use to the existing residential lot

[1:25:23] in addition to the residential lot.

[1:25:26] And then that contractor yard would be utilized

[1:25:29] by the adjacent 27 Franklin Street business operation.

[1:25:34] And is the business operation permitted?

[1:25:37] The business operation is

[1:25:38] permitted through a change of use? Correct.

[1:25:41] Okay, thank you.

[1:25:45] Actually, can I ask a question quickly to you again,

[1:25:49] but is a construction law

[1:25:51] and a commercial multifamily combined, is that a,

[1:25:56] is that something we've combined before?

[1:26:00] It's not a four unit.

[1:26:01] It is combining. Yeah,

[1:26:03] it's essentially combining commercial. I

[1:26:04] Know, but can we, I mean is that something

[1:26:05] that has been combined?

[1:26:09] I'd have to look at what we have looked at done in the

[1:26:12] past history, but top of my head I can't think of anything.

[1:26:18] I have a question too, Ms. Owens, if they did expand off

[1:26:22] of that lower building, would they have to,

[1:26:24] would they even be here if it was all kept on 27

[1:26:33] For the use?

[1:26:35] No, anything changing.

[1:26:38] So if they're changing utilities, drainage, the par,

[1:26:41] if they use parking elsewhere, those are things

[1:26:44] that would potentially need approval elsewhere.

[1:26:48] But simply the answer would be no,

[1:26:51] they wouldn't need a variance to increase their

[1:26:53] use at 27 Franklin.

[1:26:55] Okay.

[1:26:59] I have a question too, and forgive me

[1:27:04] because it might've been asked and answered, but,

[1:27:07] but I want to answer it or I want to ask it.

[1:27:12] Just to be clear for me, they're requesting

[1:27:19] that the property be used for a contractor yard

[1:27:24] and a garage.

[1:27:26] Those sound like two different things.

[1:27:28] So the contractor yard in and of itself is an approved use?

[1:27:33] It is not, no, it is not. Right.

[1:27:35] So what kind of a business use, you said

[1:27:37] that there is a business use that's permitted,

[1:27:41] The business use is permitted at 27 Franklin

[1:27:44] to operate out of the existing garage building B based on

[1:27:48] the previous owner business

[1:27:51] that had operated out there historically.

[1:27:53] I see it was a similar business when the new owner purchased

[1:27:56] the property or the applicant purchased the property

[1:27:58] and at that time it was looked at as a similar business,

[1:28:00] so it could be achieved as a change of use.

[1:28:06] Okay. He essentially wants to expand it

[1:28:09] to six Pearl Street and he owns both.

[1:28:15] Right. Okay. All right. Thank you.

[1:28:19] I I think an area that I need clarity of is

[1:28:22] that the contractor garage really is a moot point to this

[1:28:26] because if we, if we approve the use

[1:28:29] and Pearl Street, essentially the contractor garage goes

[1:28:33] back to regular permitting

[1:28:35] and all you're going to do is observe setbacks

[1:28:38] and so on and so forth.

[1:28:40] My sense is he could probably build the contractor garage

[1:28:43] there if he wants what he uses it

[1:28:48] for, if the board doesn't approve it is up to him.

[1:28:52] If the, if we don't approve the use as a contractor yard,

[1:28:58] He would be permitted to construct a garage on the

[1:29:01] property for residential use or, or for his use.

[1:29:03] Correct. Whatever he wants.

[1:29:04] But how it's currently operating now wouldn't be

[1:29:08] permitted to continue. Got

[1:29:10] It.

[1:29:11] Without the variance. Yeah. Makes sense. Yep. Okay.

[1:29:15] So realistically we just wanna look at the impact of the,

[1:29:21] of the u the current usage of it and determine whether

[1:29:25] or not it's something we feel is, is justified

[1:29:29] to remain there or not.

[1:29:35] That's kinda why I like keep leaning on.

[1:29:37] We haven't had any complaints.

[1:29:38] So it's like, and, and I'm open

[1:29:39] to suggestions if there's something I can do to, you know,

[1:29:42] screen the building, screen the materials

[1:29:44] or you know, anything you guys suggest.

[1:29:51] I'm just thinking out loud here, being that you,

[1:29:56] what's screaming in my head right now is

[1:29:58] that if you were ever to try

[1:30:00] to divide these properties again,

[1:30:02] you got yourself a situation.

[1:30:05] So it seems like if you did a lot line adjustment

[1:30:09] and came for a variance

[1:30:10] for the rear setbacks on Pearl Street

[1:30:12] and made that part of Franklin Street,

[1:30:13] the whole thing would go away.

[1:30:15] We, we actually discussed that,

[1:30:17] but we thought it would be a little bit more in detail,

[1:30:20] whereas if it's literally just for storage.

[1:30:23] So I mean at this point, if I ever did do that,

[1:30:26] which it would probably be my kids who sell it, not me,

[1:30:28] but I would, I mean I, you know, it's, it's,

[1:30:33] it's connected by, you can plant the tree there, you know?

[1:30:37] Right. But then like how would you, I guess, I mean you,

[1:30:42] 'cause you, if we were to speculate

[1:30:45] that you could access the garage from Pearl Street,

[1:30:47] then the question's gonna be why don't you just

[1:30:49] access it from Pearl Street now? Yeah,

[1:30:50] So I mean by right, you could,

[1:30:53] I mean if you see the paved driveway

[1:30:54] that is like a hill that goes down.

[1:30:56] I see it. Yeah. So I mean you, you really, you could,

[1:30:59] you could, if, if that was I going up, I didn't want

[1:31:02] to disrupt the, the tenants who all park in

[1:31:04] that driveway to make it like a roadway.

[1:31:07] It would actually be perfect for trailers.

[1:31:08] I could like go up, go around and come down.

[1:31:10] I thought about it but I, I just,

[1:31:12] I just felt like it would disrupt like the, the tenants

[1:31:14] and the flow of traffic right off of that.

[1:31:16] 'cause it gets pretty busy right there at that intersection.

[1:31:20] So I just felt like it wouldn't work.

[1:31:23] 'cause you got like the dunkins, the,

[1:31:24] the dentist right there and then that,

[1:31:25] that stop sign coming outta Cubies.

[1:31:28] It's really busy over there.

[1:31:32] Ms. Owen, you had indicated that this initiated prior

[1:31:36] to your, your coming to this position,

[1:31:39] but it was it that the Franklin Street

[1:31:44] pro property had the change of use

[1:31:47] and that's what kind of initiates this

[1:31:52] 27 Franklin had the change of use

[1:31:54] to operate the contractor business out of the property.

[1:31:58] And from my understanding, it's just the evolution of time

[1:32:03] or through time

[1:32:04] and since then that things have kind of spilled over

[1:32:08] to Six Pearl and that's

[1:32:09] where the compliance concerns came into play.

[1:32:12] Got it. So the, the change of use notice

[1:32:14] of decision was November, 2024.

[1:32:18] And again, this was all kind

[1:32:19] of looking at 27 Franklin Street.

[1:32:21] So when we went through TRC originally it was 27 Franklin.

[1:32:24] And then when we received revised plans,

[1:32:27] 'cause we had requested a survey of six Pearl,

[1:32:29] that's when this came in front of us

[1:32:32] and that's why we're here this evening.

[1:32:35] Gentlemen, you almost can solve your own problem

[1:32:38] or you take the risk of the board making

[1:32:40] the decision for you.

[1:32:42] We'll what I'm thinking is, we'll, let's make a call

[1:32:45] to public see what feedback we get after that.

[1:32:48] If you'd like to consider tabling this

[1:32:50] and rethinking your position

[1:32:52] and coming back next month for this, you

[1:32:55] might be a good strategy if you,

[1:32:57] and now that you're hearing the dialogue going back

[1:33:00] and forth, I,

[1:33:02] I myself find the Pearl Street thing kind of a headache.

[1:33:06] And I've already de described, dis described that I, I find

[1:33:09] that it's not a good look,

[1:33:14] but we're not there yet.

[1:33:17] So why don't we make that call to public,

[1:33:19] see if anybody comes forward

[1:33:21] and then if you wanna rethink this

[1:33:24] before we make a decision, you could do that.

[1:33:28] Alright, thank you.

[1:33:30] Keep in mind anybody that says anything,

[1:33:32] I don't know if anyone's gonna come up,

[1:33:33] but you, they'll, you'll have an opportunity

[1:33:35] to rebut that as well.

[1:33:37] Okay. So at this point, let's make a call to public.

[1:33:40] Anybody wishes to speak in favor of this application,

[1:33:43] this would be your opportunity to come forward and do so.

[1:33:46] Seeing no one rise,

[1:33:48] likewise anybody who wishes to speak in opposition of this

[1:33:53] application, this would be your opportunity to come forward.

[1:33:59] All right folks, gentlemen,

[1:34:01] we don't have anybody to speak here.

[1:34:13] We're just kind of discussing the options.

[1:34:14] That's all right. Well you can come

[1:34:16] up 'cause no one's come forward.

[1:34:19] And if you wish to have us table this

[1:34:22] and have that discussion

[1:34:24] after this outside of this room, you're welcome to do that.

[1:34:28] I, I guess my one question is

[1:34:32] how much can we change the proposal without needing

[1:34:38] like a whole new application?

[1:34:40] 'cause we did bounce a lot of ideas off of Carrie,

[1:34:43] like, well what if we did this?

[1:34:44] What if we did that? And every time it was, well

[1:34:47] that needs a variance because of X, Y, and Z.

[1:34:50] So no matter what we did was we were basically told it's

[1:34:54] gonna need a variance every

[1:34:55] Time she told me we Had to get, get a variance.

[1:34:57] So I just,

[1:35:00] Are you speaking to the microphone? Yes.

[1:35:01] Well you're here. Right?

[1:35:04] So I guess like if like someone had mentioned, well

[1:35:08] what if you did a lot line adjustment, if we did that,

[1:35:11] that would be a completely different variance.

[1:35:14] 'cause the variance would be for lot size and setbacks.

[1:35:19] So would we be able to just table it

[1:35:21] and come back with a lot line adjustment

[1:35:23] or would we need to go

[1:35:24] through the whole application process again?

[1:35:27] Well your, your application is active, it's live

[1:35:30] and you can come back to a date certain,

[1:35:33] I'm not hearing any abutters speak on this.

[1:35:36] So you don't have that threat of,

[1:35:40] to have to deal with with that.

[1:35:41] Is there a latitude for them to work in the direction

[1:35:45] of some of the board's questions, Mrs. Owen?

[1:35:47] Or is that like already been touched on? I think

[1:35:50] The, the question becomes how far

[1:35:54] materially different it becomes Yeah.

[1:35:56] From the application. Right? But

[1:36:00] That, that is my, the nature of my question is like,

[1:36:02] can we do what is being suggested?

[1:36:05] Right. Or or are we just kind

[1:36:07] of up the creek without a paddle on that?

[1:36:09] Right.

[1:36:10] Well the board hasn't made a decision.

[1:36:12] We can proceed with this if you'd like,

[1:36:14] if the decision is rendered not favorable to you,

[1:36:17] you'd be into trying to work a different idea anyway.

[1:36:21] And I'm, you know, the board's not, you know,

[1:36:23] we're pretty open to the the testimony Right.

[1:36:27] What you're saying. So I can't speak for everybody.

[1:36:31] I just have a feel for this that the way it's described and,

[1:36:35] and the look of it doesn't feel good right now.

[1:36:38] And if we did con table it would we be in August?

[1:36:42] Like August early August or late August 3rd,

[1:36:45] Third week is our next meeting.

[1:36:47] August 20th. We just on some of the schedule

[1:36:48] August 20th.

[1:36:49] So it would be another month. I guess the other x

[1:36:54] factor is will the planning

[1:36:55] department let us wait that long?

[1:36:58] I dunno. You're you're in action currently.

[1:37:01] So this is under the board's purview and I Right,

[1:37:06] Right.

[1:37:07] Basically so we can let them vote.

[1:37:09] No, I understand that, but I don't understand where the,

[1:37:11] What the pro What's the issue.

[1:37:14] Isn't Pearl Street also in the business district?

[1:37:18] Yes, it is.

[1:37:24] So we can

[1:37:26] look at a couple alternative ideas and come back

[1:37:30] and see if that flies or we can Yeah,

[1:37:33] Whatever you suggest.

[1:37:34] I mean

[1:37:35] Okay.

[1:37:36] Do do you guys have any suggestions for, for Pearl Street

[1:37:39] or just completely 86?

[1:37:41] That whole lot. That's where I started the business out of

[1:37:44] just get rid of, just get rid of that lot

[1:37:46] and just move everything to Franklin.

[1:37:47] I mean I could put it on the front lawn if

[1:37:49] that makes more sense for the town.

[1:37:52] Well I think Mr. Donlin raised a good question, right?

[1:37:55] Which, and I don't know what your conversations

[1:37:57] with code enforcement have been,

[1:37:58] but you know, if you found this that it was necessary to,

[1:38:04] to function with another garage, you know, to me, I, Mr.

[1:38:09] Donlin says, well, why don't you do a lot line adjustment?

[1:38:12] I don't know whether you can do that

[1:38:13] or not off the, off the cuff.

[1:38:17] And I'm not a surveyor. Right.

[1:38:19] It looks like you have a lot of room there and,

[1:38:23] and I, I get this ooey feeling about,

[1:38:27] about Pearl Street and the way it looks right now that it's,

[1:38:31] it's not in a favorable light.

[1:38:34] No, I agree with you. So wouldn't this proposed garage

[1:38:37] eliminate that not favorable light?

[1:38:44] You know, wouldn't that solve all, wouldn't I be able,

[1:38:46] nobody would see the materials there would be

[1:38:47] inside the, the storage shed.

[1:38:49] Well, so because of the square footage of the property,

[1:38:54] I think you still need a variance.

[1:38:56] 'cause the quick guide says you need 30,000 square feet,

[1:39:02] that's the regulation.

[1:39:03] And you have almost 20,

[1:39:06] What does he need that for

[1:39:08] If he, where they were safe to keep it on sixth Pearl?

[1:39:12] The garage. Yeah.

[1:39:15] Are those, are those proper setback lines on that on that

[1:39:18] Those should be correct. Yes.

[1:39:20] Sorry. No, they, they were trying

[1:39:23] to figure out why they should move it,

[1:39:25] why we would want them to move it to 27.

[1:39:27] Like why not just keep it in six if they're

[1:39:30] Zoned?

[1:39:31] Well, I don't necessarily want them to move it to 27.

[1:39:32] The question is whether

[1:39:33] or not we grant them the use on Pearl Street to, for,

[1:39:37] to continue this operation

[1:39:39] and in the look so far is not favorable in my eyes.

[1:39:44] I'm not speaking for the whole board.

[1:39:47] So what are the options? Well, Mr.

[1:39:49] Donlin says, well, why don't you do a lot line adjustment,

[1:39:51] reposition the shed and keep the business

[1:39:54] off of Pearl Street.

[1:39:55] You know, I you had, you had a business

[1:39:58] and that's part of the problem too, is that you have

[1:40:01] a business that,

[1:40:07] that has grown

[1:40:10] and it's grown so much you're spilling into other properties

[1:40:13] in an, in an area that may not be a good fit for it at all.

[1:40:18] I don't know what your solution is.

[1:40:20] I'm just describing to you options that you preserve your,

[1:40:24] your opportunity to continue to function in some way.

[1:40:31] Okay. Ms. Owen, I, I mean,

[1:40:33] I'm looking at the setback lines on Pearl Street.

[1:40:36] Is there anything to say that the construction

[1:40:40] shed doesn't fit there?

[1:40:42] I'm not sure what Mrs. Warren was,

[1:40:45] what you were pointing out there.

[1:40:46] Yeah, I mean, if that, it's a lot line adjustment

[1:40:48] that's given to 27 Franklin.

[1:40:50] It's, it's hard to say where that lot line would fall,

[1:40:52] but at first glance, I, I don't see it being a

[1:40:57] setback challenge, but it could all, you know, it depends on

[1:40:59] how they configure it or if they wanna

[1:41:01] reposition the garage as well.

[1:41:03] Right.

[1:41:07] Mr. Tripp, you have some thoughts there?

[1:41:12] Don't like it. Okay, Mr. Dani?

[1:41:17] I'm with Trip. I'd rather keep it into one lot than having

[1:41:22] something spread off over to two.

[1:41:23] And it's just my opinion,

[1:41:25] Mr.

[1:41:26] Dietzel,

[1:41:28] This isn't a criticism of the applicant,

[1:41:30] but I, I just don't think that the application has been,

[1:41:33] is fully fleshed out yet.

[1:41:35] And I didn't know that until we had this discussion.

[1:41:39] I don't have enough information, in my opinion

[1:41:41] to make a a a, a judgment in this case

[1:41:44] because the burden is on the applicant to sh

[1:41:49] to show that he needs a variance.

[1:41:55] And he hasn't shown me why

[1:41:58] he can't get a lot line adjustment

[1:42:01] and fix the problem like others have said.

[1:42:07] I don't know if he can, I don't know if he can't,

[1:42:10] but he, the burn's on him

[1:42:11] and he hasn't demonstrated to me that he's even tried.

[1:42:18] So if we, if we act on it tonight,

[1:42:22] I'm gonna vote no, but I don't think that's fair

[1:42:26] because he might be able to solve the problem

[1:42:30] and come into compliance.

[1:42:32] So I would just assume table it, give him enough chance to

[1:42:36] look over his options, come back to us

[1:42:39] with either this proposal

[1:42:40] because he can make a case that it's okay or revise

[1:42:44] or revise his application.

[1:42:46] That would make it perhaps even in con

[1:42:50] conformance with the ordinance.

[1:42:52] But either way a little more palatable.

[1:42:56] So I'm not prepared to,

[1:42:58] to make a vote without additional information.

[1:43:01] So I I I'm for tabling it.

[1:43:04] May I ask a question? Sure.

[1:43:07] If we did a lot line adjustment

[1:43:10] that would also require a variance

[1:43:12] Perhaps.

[1:43:13] No, it definitely does because six Pearl Street is already

[1:43:16] below the minimum size for a lot in the CBD zone

[1:43:19] and we would be making it smaller.

[1:43:21] So that's definitely a variance.

[1:43:24] So I guess would you feel more comfortable giving us a

[1:43:28] variance for that than

[1:43:29] For what's being proposed?

[1:43:30] I'd have see the proposal, I'm not gonna,

[1:43:32] I'm not gonna make a judgment right now.

[1:43:34] That's fair. I I just, I'm trying

[1:43:39] to be fair to you because based on your application right

[1:43:43] now, my, I'm moving in the direction of a no vote.

[1:43:50] But I think that there,

[1:43:52] I I believe the applicant is acting in good faith.

[1:43:55] I believe he's trying to do what's right for the community

[1:43:58] and I think, I think he's willing to work toward

[1:44:02] making this work for everybody.

[1:44:05] And I think he should be able to have that opportunity

[1:44:08] because if we say no,

[1:44:09] he's not gonna get another bite of the apple.

[1:44:11] Right. Unless he comes up

[1:44:13] with something radically different.

[1:44:16] And I don't wanna close off that, that possibility.

[1:44:19] So I don't want to say what, you might come back

[1:44:22] with another proposal and I'll still say no, I don't know.

[1:44:25] But I, I just, if I, if I voted tonight,

[1:44:29] I would probably say no and I'm,

[1:44:31] You'd be back here in August

[1:44:33] anyway. I'd rather, or September.

[1:44:34] I'd rather A question for Ms. Owen.

[1:44:37] It might be, I know we've touched on it already.

[1:44:41] So contractor is allowed so he could park vehicles there,

[1:44:46] have his garage.

[1:44:47] It's the materials itself that can't be there. Correct.

[1:44:50] Those would have to be moved, correct?

[1:44:53] Yep. Or or stored Internally. Yeah, elsewhere. So

[1:44:59] Tell me what you wanna do.

[1:45:03] I guess we'll have to table this and

[1:45:07] I'm back.

[1:45:08] Wagons. Okay.

[1:45:10] That's your request to go ahead and table? Yes sir.

[1:45:13] Alright, very good. Applicant has asked for a table.

[1:45:18] Mr. Beatle, you want a motion?

[1:45:20] I make a motion to table this case until

[1:45:25] August 20th.

[1:45:29] 20th, correct. 2026.

[1:45:32] That's a date certain. I have a second, please.

[1:45:34] I'll second. Okay. All in favor say aye. Aye.

[1:45:38] Aye. Any opposed?

[1:45:39] Hearing none, gentlemen will regroup and,

[1:45:44] and see what you can do later. All right? Yes

[1:45:47] Sir.

[1:45:56] Do I,

[1:45:58] I'm going to start to reorganize our meeting.

[1:46:03] Our, our last case, Mr. Benson, I don't know

[1:46:07] that we're gonna get to you this evening.

[1:46:10] You're welcome to ride it out and see, but we've got an hour

[1:46:14] and 15 minutes of a scheduled meeting

[1:46:16] and we've got 1, 2, 3, 4 cases.

[1:46:20] Yours is the fourth of the, of those.

[1:46:23] Would you like us to postpone you

[1:46:25] to the next meeting instead of having you sit here?

[1:46:31] That's August 20th,

[1:46:34] I think I wait out.

[1:46:35] Oh, okay, good. That's, that's fine.

[1:46:39] We, we try, are trying to streamline what we can do,

[1:46:43] but legislatively our hands are getting tied,

[1:46:47] so, all right.

[1:46:49] Right. Let's go on to the next one.

[1:46:51] Tabled from the former meeting, Pinkerton Academy

[1:46:56] and case number 26 dash nine.

[1:47:01] Alright, thank you.

[1:47:08] All right, so we have,

[1:47:09] you have gentlemen have somebody remote as well from Maine.

[1:47:14] They're just there to assist you in the event.

[1:47:16] There's some questions from the board, correct? Correct.

[1:47:19] Correct. Okay. Who's presenting?

[1:47:23] Ed Kenny will be presenting.

[1:47:25] I will be. My name is Ed Kenny, I'm with Watch Fire Signs.

[1:47:28] You're Who? Ed Kenny? I'm with Watch Fire Signs.

[1:47:32] Watch Fire. Okay.

[1:47:34] And we do have the letter

[1:47:37] and Mr. Henry, would you like to sit on this one?

[1:47:43] Is the board okay with me sitting on this case since I'm

[1:47:46] such a recent graduate of the school that is applying?

[1:47:50] I think you'd have more. Do you want to sit on it

[1:47:53] or do you not want to sit on It

[1:47:56] Might be better if I sat on a different case since I have

[1:47:59] so recently graduated from the institution in question.

[1:48:02] Okay. Pull your diploma

[1:48:07] Dust mine off.

[1:48:09] I would just add there that I'm in a butter,

[1:48:11] so I can't be a part of this.

[1:48:13] So did you, did you pay them for your diploma?

[1:48:18] No, the school board does.

[1:48:19] School district did. Just personally,

[1:48:22] Mr.

[1:48:23] Dani, are you telling me you can't sit on this? Well,

[1:48:25] I own a property that abuts this.

[1:48:27] I'm, I'm listed on the as an abutter.

[1:48:31] Okay. Is That a conflict?

[1:48:34] Mr. Dome? You gotta sit on this.

[1:48:36] I could probably come up with the reason why not.

[1:48:40] I'm not trying to, I'm not a huge fantasize.

[1:48:42] Why don't we just do four people?

[1:48:46] Okay, gentlemen, please proceed.

[1:48:53] By the way, we ask that you read the five criteria first on

[1:48:56] your application as is presented

[1:48:59] goes on the record for the board. Okay.

[1:49:01] Okay. So again, my name is Ed Kenny.

[1:49:05] I'm with watchfire Signs we're the manufacturer

[1:49:07] of the digital display that Pinken is looking

[1:49:11] to have installed on campus.

[1:49:14] I am kind of filling in, so bear with me

[1:49:18] as I, as I go along.

[1:49:22] Excuse me. So, 0.1, the variance will not be in contrary

[1:49:27] to the public interest

[1:49:28] because the proposed sign is replacing an existing

[1:49:31] freestanding sign that's substantially in the same location

[1:49:35] and serves the same identification

[1:49:37] and communication purpose currently

[1:49:39] presented on the property.

[1:49:41] The upgraded sign design will improve visibility,

[1:49:44] readability, and overall aesthetics while maintaining a

[1:49:48] professional appearance appropriate

[1:49:50] for an educational campus environment.

[1:49:54] The electronic message center will be used

[1:49:56] for school related communication, including events,

[1:50:00] schedules, announcements, athletics,

[1:50:02] and community information.

[1:50:04] The proposed sign will enhance communication with students,

[1:50:07] parents, visitors in the community without negatively

[1:50:10] impacting surrounded prop surrounding

[1:50:13] properties or traffic safety.

[1:50:16] The spirit of the ordinance is observed

[1:50:18] because the intent of the ordinance is to promote safe,

[1:50:21] effective, and aesthetically appropriate signage.

[1:50:25] The proposed sign accomplishes these goals

[1:50:28] by replacing an older sign structure

[1:50:30] with a modern professionally designed monument sign

[1:50:33] that improves legibility organization and appearance.

[1:50:36] The electronic message center component is integrated into

[1:50:39] the overall design

[1:50:40] and it tasteful manner consistent

[1:50:42] with other signage already existing on the

[1:50:44] Pinkerton Academy campus.

[1:50:48] Substantial justice is done

[1:50:50] because granting the variance allows Pinkerton Academy

[1:50:53] to modernize and improve an existing campus sign while

[1:50:57] continuing to effectively communicate important school

[1:51:01] and community information.

[1:51:03] Denial of the variance would unnecessarily restrict the

[1:51:07] school's ability to utilize modern communication methods

[1:51:11] already commonly used by educational institutions

[1:51:14] and community facilities throughout the region.

[1:51:17] The benefit to the school and the community outweighs any

[1:51:20] potential impact, particularly since the sign replaces an

[1:51:24] existing structure and remains compatible

[1:51:27] with the surrounding area.

[1:51:30] The values of surrounding properties are not diminished

[1:51:32] because the proposed sign is a significant aesthetic

[1:51:35] improvement over the existing sign

[1:51:38] and incorporates high quality materials,

[1:51:40] professional design elements and landscape features.

[1:51:44] The updated monument style design is intended

[1:51:46] to compliment the character

[1:51:47] of the campus and surrounding area.

[1:51:49] The electronic message center is integrated into this

[1:51:52] structure in a cohesive manner

[1:51:53] and will be used primarily for school related messaging.

[1:51:57] The overall appearance of the property

[1:51:59] and surrounding corridor will be improved

[1:52:01] by replacing the existing sign existing aging sign.

[1:52:04] With a modern well-maintained structure,

[1:52:08] Little enforcement of the provisions

[1:52:10] of the audience result in a unnecessary hardship

[1:52:13] because for purpose of this paragraph, blah, blah, blah,

[1:52:17] no fair and substantial relationship exists

[1:52:19] between the general public purpose

[1:52:21] of the ordinance provision

[1:52:23] and the specific application of

[1:52:24] that provision to the property.

[1:52:26] Because the proposed sign is replacing existing free

[1:52:29] standing sign already served

[1:52:30] as against the location on campus.

[1:52:33] The request is not for a new commercial sign location,

[1:52:35] but rather a modernization

[1:52:37] of an existing school identification sign that is used

[1:52:40] for campus communication and public information.

[1:52:44] Pinton Academy is a large educational campus

[1:52:47] with significant daily vehicle traffic,

[1:52:49] multiple access points, and frequent

[1:52:51] school and community events.

[1:52:53] The electronic message center component is intended

[1:52:56] to provide timely communication related to school functions,

[1:52:59] athletics, scheduling, emergency messaging,

[1:53:02] and commer community notices.

[1:53:05] The proposed sign will remain consistent with the character

[1:53:07] of the property and the surrounding area

[1:53:09] and will improve the overall appearance

[1:53:10] of the existing sign location.

[1:53:12] Strict application of the ordinance in this case would

[1:53:15] prevent the school from utilizing modern communication

[1:53:17] methods and reasonably that reasonably serve the needs

[1:53:20] of the campus and community.

[1:53:23] The proposed use is a reasonable one

[1:53:25] because the proposed sign, the proposed sign is educational

[1:53:29] and informational in nature

[1:53:31] and directly related

[1:53:32] to the ongoing operations of Pinkerton Academy.

[1:53:35] The electronic message center is appropriately integrated

[1:53:38] into the professional design monument sign

[1:53:40] that replaces an older

[1:53:42] existing structure in substantially the same location.

[1:53:46] The scale design and function of the sign are appropriate

[1:53:49] for the size and nature of the campus.

[1:53:51] And similar signage already exists,

[1:53:53] uhwhere elsewhere on the property.

[1:53:55] The sign will continue to serve students, parents, staff,

[1:53:58] visitors in the community while improving visibility,

[1:54:01] safety, communication at a and aesthetics at the site.

[1:54:06] If the criter and paragraph A are not established,

[1:54:08] an unnecessary hardship will be deemed to exist.

[1:54:11] If and only if owing to special conditions

[1:54:13] of the property dis distinguish it from other properties in

[1:54:16] the area, the property cannot be reasonably used in a strict

[1:54:19] conformance with the ordinance.

[1:54:21] And a variance is therefore necessary

[1:54:23] to enable reasonable use of it.

[1:54:25] Because pick

[1:54:27] and Earn Academy functions as a large educational campus

[1:54:29] that requires effective communication with students,

[1:54:32] families, staff, visitors, and the surrounding community.

[1:54:35] Due to the scale of the campus, the volume of traffic

[1:54:37] and the frequency of school and community events.

[1:54:39] A modern communication sign

[1:54:41] with electronic message center capability is reasonable

[1:54:44] and necessary component of the property's operation.

[1:54:48] Without the request of re variance,

[1:54:49] the school would be limited in stability

[1:54:51] of communicate timely

[1:54:53] and important information in an effective manner consistent

[1:54:56] with current educational and community standards.

[1:54:59] The proposed sign replaces an existing sign in a similar

[1:55:02] location and is designed to enhance the appearance

[1:55:04] of the property while maintaining compatibility

[1:55:06] with the surrounding area.

[1:55:10] Okay. In your own words, What's that? I'm sorry.

[1:55:15] In your own words, anything further?

[1:55:19] Excuse me. I'm sorry. Anything further?

[1:55:22] Not at the moment, no. Okay. Questions from the board.

[1:55:28] How big is the existing sign?

[1:55:30] The existing sign is, hold on.

[1:55:36] It's basically identical to what's there now.

[1:55:40] It's a little over eight foot tall in height,

[1:55:43] a little over eight foot wide.

[1:55:46] The existing signage is exactly the same in terms

[1:55:49] of height and width.

[1:55:53] Thank you.

[1:55:55] The, how far from the road is it?

[1:55:59] It's gonna be setback,

[1:56:02] I think it's a little feet over 10 feet.

[1:56:03] Feet. 20 feet. 20 feet,

[1:56:04] 20 feet from the road edge? Yep.

[1:56:06] So it does conform to the code as far as setback

[1:56:10] for signs in the, in the MD

[1:56:15] medium high density residential.

[1:56:18] Sorry about that.

[1:56:24] The, the intent of the ordinance is to promote safe,

[1:56:28] effective, and aesthetically appropriate signage.

[1:56:31] The proposed sign accomplishes these goals

[1:56:33] by replacing an older sign structure

[1:56:35] of the modern professionally designed monument sign.

[1:56:40] The electronic messaging center component is integrated into

[1:56:43] the overall design, a tasteful manner.

[1:56:47] You understand the criteria for frequency of the changing

[1:56:52] of the, of the letters.

[1:56:54] Is there a brightness stipulation there as well, Ms. Owen?

[1:56:57] Correct. Yep. And I think one of the things that,

[1:57:01] that often is looked at as electronic messaging centers are

[1:57:07] becoming more predominant

[1:57:08] and frequent, you know, the requests,

[1:57:11] it's the changing time, energy savings

[1:57:14] and so on and so forth.

[1:57:16] But you know, as a distra is a safety distraction of images

[1:57:20] that could draw someone's eye off of traffic

[1:57:23] and run over a student.

[1:57:27] So you understand that?

[1:57:29] Yeah. So there's, you know, a, the couple of points as far

[1:57:34] as the message hold time, it's completely

[1:57:39] programmable to comply with whatever the ordinance is

[1:57:42] as far as they message hold time.

[1:57:44] I didn't see anything

[1:57:46] or I don't recall anything in the ordinances to

[1:57:49] what the actual hold time is,

[1:57:52] but it's programmable to comply with the code.

[1:57:56] The brightness levels comply with the code as far as the,

[1:57:59] you know, total brightness,

[1:58:01] automatic dimming throughout the day

[1:58:03] into twilight and nighttime.

[1:58:05] It meets the, excuse me, the,

[1:58:08] it actually excuses the 0.3 candles

[1:58:12] measured at a hundred feet, I believe it was.

[1:58:14] Okay. So Wafi sign, we are the premier manufacturer

[1:58:19] of digital signage in the industry.

[1:58:22] We actually help set the standards for outdoor advertising.

[1:58:28] Outdoor advertising guidelines.

[1:58:32] So we've met with billboard operators,

[1:58:38] the International Sign Association.

[1:58:40] We've met with different dark sky groups

[1:58:43] and everyone's in agreement, you know, with the, the,

[1:58:48] the specifications we put forth meet

[1:58:50] or exceed any, any ordinance within the country.

[1:58:55] All right, so permitted uses of such signs

[1:58:58] that are in the two commercial zones, an industrial zone,

[1:59:02] this is in a medium density residential zone.

[1:59:07] How do you justify that, that aspect, that hardship,

[1:59:11] that spear of the ordinance?

[1:59:13] I think it boils down to the uniqueness of the property.

[1:59:16] You know, pinking Pinkerton is a

[1:59:18] 120 acre campus in the middle of a residential zone.

[1:59:22] They have 22 buildings on site, multiple entrances.

[1:59:27] They serve 3,100 students over 500 faculty.

[1:59:32] So it's, it's very unique to the, the district itself.

[1:59:38] You know, I understand digital signage not being allowed in

[1:59:43] a residential area.

[1:59:44] Part of the ordinances, you, you know, for residential area,

[1:59:47] you don't wanna sign this distracting is too bright at night

[1:59:51] or shining any neighbor's window and so forth.

[1:59:55] The location of the proposed signage, with the exception

[1:59:59] of one property, it's completely enveloped by the campus.

[2:00:05] There's the buildings on one side,

[2:00:06] the athletic fields on the other.

[2:00:08] There's not another resident within several hundred yards.

[2:00:13] The only resident on the property.

[2:00:17] I took a picture, which I can share with the group.

[2:00:20] I have handouts. The only resident within

[2:00:25] that would have any viewable, you know,

[2:00:30] capacity of the digital sign.

[2:00:32] They're at an angle well over 40 degrees to one side.

[2:00:37] And the, the view from the resonance

[2:00:41] to the sign is completely blocked by evergreen trees.

[2:00:44] So pine trees, they don't lose their,

[2:00:48] their leaves or anything in the winter.

[2:00:49] So there's no worry about, you know, shining in the,

[2:00:53] a residence in the middle

[2:00:54] of the winter or anything like that.

[2:00:55] So I think it's,

[2:00:57] So, so could you say that the,

[2:00:59] because of the size of the campus

[2:01:01] that this sign is serving primarily to the campus

[2:01:06] and the campus becomes an island of its own,

[2:01:09] excluding it from

[2:01:11] or meeting the spirit of the ordinance,

[2:01:12] excluding it from the rest of the criteria in that zone?

[2:01:16] I, I think the uniqueness

[2:01:17] of the property definitely does, yes.

[2:01:19] Okay. Alright. Anybody else have any questions, Mr.

[2:01:22] Dietzel?

[2:01:26] No, I, I had questions,

[2:01:27] but I, I think they were addressed

[2:01:31] just name mainly on the, the hardship.

[2:01:34] He, when he was going over a, he went the,

[2:01:39] the pur for the purpose of this,

[2:01:40] this paragraph, da da da da.

[2:01:42] Well, he kind of da da da da over the most important part.

[2:01:45] And that was the nature and the,

[2:01:47] the special conditions of the property.

[2:01:49] But he went on to explain that.

[2:01:52] And so I think

[2:01:56] that question has been answered. So thank you,

[2:01:58] Mr.

[2:01:59] Chair. Ms. Mor, I have none at Mr. Trip.

[2:02:03] All set

[2:02:05] At, at present.

[2:02:06] Okay. Mr. Donlin, I'm gonna hold off for now.

[2:02:10] Mr. Okay, Ms. Owen, you wanna

[2:02:11] help us with the staff report? Sure.

[2:02:13] I don't have a lot of new information to add, but, okay.

[2:02:16] We can move on. I'll just kind of reiterate the facts.

[2:02:20] So the applicant's seeking approval

[2:02:23] to allow the installation of a 48 square foot

[2:02:26] freestanding sign that it will be illuminated,

[2:02:29] that includes a 16 square foot electronic

[2:02:31] message center sign.

[2:02:33] So as we are aware that the, they're looking

[2:02:37] to replace the existing deteriorating sign,

[2:02:39] it's in a little bit of a different location,

[2:02:41] but they did provide the vicinity map

[2:02:42] that meets the setbacks Property is located in the medium

[2:02:45] high density residential district, which does not permit

[2:02:49] or doesn't even address non-residential signs

[2:02:52] in the neighborhood.

[2:02:53] And as we're aware, electronic message center signs are

[2:02:57] currently only permitted in the general commercial,

[2:02:59] general commercial four and industrial four districts.

[2:03:03] So that's why they're here this evening for the variance.

[2:03:06] So if appro, so for the, they're seeking the variance

[2:03:09] for the sign and for the EMC if approved,

[2:03:13] the condition for the electronic message center is required

[2:03:16] to operate in accordance with section 1 65 0.101 point 11.

[2:03:21] And so appropriate sign permits will be required.

[2:03:28] Is the visibility the reason

[2:03:30] that you're relocating the sign to closer to the road edge?

[2:03:35] I think it has more to do with

[2:03:38] that existing structure isn't just such disrepair.

[2:03:43] I you had a picture of it previously.

[2:03:46] The stone base is deteriorating, crumbling.

[2:03:49] There's, there's footings below that brick base

[2:03:55] that are not adequate, you know, for the,

[2:03:58] for the new signage, what, you know, you would consider,

[2:04:01] you know, what's required today.

[2:04:04] So to put it in the exact same location would

[2:04:09] be more difficult than moving it, you know,

[2:04:12] several feet away from where it is now.

[2:04:15] And it will be easier to see from the roadway where

[2:04:19] that one is kind of set back into the driveway a little bit

[2:04:22] more, you know,

[2:04:26] keeping in conformance with the code

[2:04:28] and a 20 foot setback, you know, there the,

[2:04:31] the new location will just have better

[2:04:33] visibility from the road.

[2:04:37] The, the sign as it's,

[2:04:40] the new sign proposal is not on piers, it's on a,

[2:04:44] a solid base similar to the one that's there.

[2:04:46] Correct. And the one that's there is not worthy of

[2:04:51] tearing off of the footings

[2:04:53] and then setting this back on top of it,

[2:04:56] If you look at that, excuse me, that previous picture,

[2:05:03] that brick base, the,

[2:05:07] the sign shop, Bailey sign had done a site survey

[2:05:12] and you know, beneath that brick base,

[2:05:16] you know, there's a a, a concrete footing that all of

[2:05:21] that sits on and the steel poles sit on the steel poles

[2:05:24] themselves are in disrepair.

[2:05:26] So they're not reusable.

[2:05:28] The concrete footing that's there, it's been there for,

[2:05:33] for a very, very long time.

[2:05:36] And there's concern that, you know,

[2:05:38] what they could see was not in great shape

[2:05:40] and there's concern that there would just be

[2:05:42] so much disrepair that they would have

[2:05:45] to completely dig out, you know, that

[2:05:47] entire concrete footing and,

[2:05:50] and start over from scratch where, you know, having

[2:05:53] that sign move just a little bit further away

[2:05:58] to give it better visibility from the road

[2:06:01] still conform to the ordinance.

[2:06:03] As far as a setback, it's a more cost effects of option

[2:06:07] and in the end it gives better visibility

[2:06:11] to people traveling down North Main Street.

[2:06:14] You can see that existing sign, you know, it's probably 30

[2:06:19] to, I'll call it 30 feet into the driveway.

[2:06:24] So, and there's, you know, if you look on the north side of

[2:06:27] that street, there are trees that block the visibility.

[2:06:31] I believe that's a tree blocking visibility.

[2:06:35] So the, the new location, it's, you know,

[2:06:38] it serves the same purpose.

[2:06:39] It just increases, you know, the visibility.

[2:06:43] We will be better

[2:06:45] and it's a more cost effective option than digging down,

[2:06:49] you know, six feet to find dilapidated concrete,

[2:06:53] remove it all, re excavate that area

[2:06:56] and pour a new base.

[2:06:58] Okay. Alright. Anybody else? So Mr. Trip, go ahead.

[2:07:04] I assume you're going to, when you install the new sign,

[2:07:09] you're gonna remove the old one, right?

[2:07:11] Correct. Yes. Alright, so if you remove the old one,

[2:07:17] why couldn't you put the new one

[2:07:20] where the old one used to be?

[2:07:22] So when you look at that old sign, what you can see

[2:07:25] above ground is not the entire structure. So, so

[2:07:28] You're not gonna remove the entirety of the old sign.

[2:07:32] The, so the, the concrete footing

[2:07:35] that would be below that?

[2:07:37] Yes. Brick veneer I, that can most likely stay

[2:07:42] some landscaping over

[2:07:43] that you'll never even know it's there.

[2:07:45] Okay. So you answered my question. Yeah,

[2:07:49] I'll set, you'll set Mr. Trip or no?

[2:07:54] Currently. Okay.

[2:07:56] If you're not, that's fine.

[2:07:58] What, do you have another question?

[2:08:00] No, it was just, you know,

[2:08:02] if you're taking the oat sign out, you know,

[2:08:06] but you're not taking the oat sign out,

[2:08:08] you're removing the visible portion.

[2:08:11] Yeah. I mean that, that concrete footing, if I were

[2:08:15] to guess is probably goes down maybe two feet.

[2:08:19] So it's, you know, it's probably 36 inches

[2:08:22] by two feet by eight feet.

[2:08:24] This is significant, significant weight to it. Yeah.

[2:08:27] To remove it is not an easy task.

[2:08:30] Are you're gonna put a, a similar base

[2:08:32] in the new sign, right?

[2:08:34] Yes. Much easier to break ground on virgin ground than

[2:08:37] digging through or removing any existing concrete.

[2:08:39] Yeah. Tell you, find some

[2:08:42] And that's, that's just the labor portion.

[2:08:44] Just the, the fact that you have better visibility from the

[2:08:47] road at the new location is probably the,

[2:08:51] the more important reason.

[2:08:53] Well, better visibility

[2:08:54] with an electronic messaging sign is one

[2:08:56] of the bigger impacts or pushbacks that we get.

[2:09:00] And why? It's, why it's sometimes objectable Yeah.

[2:09:04] That and people don't like signs in residential areas.

[2:09:09] Right? Right. And you know, again, just the,

[2:09:13] the uniqueness of the property, you know, there's,

[2:09:18] I I don't have the full zoning map in front of me,

[2:09:21] but there's not a resident that will be able to see

[2:09:24] that sign while they're home or in their yard

[2:09:27] or anything else.

[2:09:29] It's, it's serving the community.

[2:09:31] It's, I mean, you, it's a, it's a residential district

[2:09:35] with no residents that live within several

[2:09:38] hundred yards of the display.

[2:09:40] So the house that's next to the,

[2:09:41] That's the only one.

[2:09:43] And I, you know, I, I,

[2:09:45] Well then that's, there's, it's wrong for you

[2:09:47] to say there's no resident in the area.

[2:09:50] I misspoke. There's one. Well, thank you

[2:09:55] Mr.

[2:09:56] Donald. You all set

[2:09:57] For now? Mr.

[2:09:58] Chair? Ms. Moore? I'm all set. Mr. Dietzel. All set, Mr.

[2:10:01] Chair. All right, very good. Let's take a

[2:10:02] call to public then.

[2:10:04] Anybody who wishes to support this application,

[2:10:06] this should be your opportunity to come forward.

[2:10:09] I'm not seeing anybody rise for that one.

[2:10:12] Anybody in opposition to this application?

[2:10:14] This would be your opportunity to come forward and be heard.

[2:10:18] All right, gentlemen, I guess you're safe there.

[2:10:21] Any last questions? I do, yes. Mr. Donlin,

[2:10:24] In the digital era that we live in nowadays,

[2:10:30] could you expand on the need for the digital aspect

[2:10:34] of this sign for messaging when emails

[2:10:37] and text messages are so easy

[2:10:39] to send out to either the school?

[2:10:42] Yeah, so if you look at all the studies as far as

[2:10:47] what sort of, you know, lack of better term marketing

[2:10:51] or messaging or communication, which forms

[2:10:56] are the most effective?

[2:10:58] Digital fi digital signage exceeds

[2:11:00] every other form out there.

[2:11:02] Whether it's news, radio, email, text,

[2:11:07] you know, I'm a resident of Manchester, New Hampshire.

[2:11:10] My daughter just graduated from high school.

[2:11:15] I don't, I I got over a dozen texts a week

[2:11:19] from the school district.

[2:11:20] I never read any of 'em.

[2:11:22] It just, you know, I didn't care if school bus five

[2:11:24] was going to be late today.

[2:11:26] My daughter wasn't on the bus.

[2:11:29] You know, the students come from,

[2:11:33] they're not all localized.

[2:11:34] They come from all over.

[2:11:38] Pretty much every student, every parent, including the staff

[2:11:43] will go by the sign every day.

[2:11:47] So, you know, the ability to reach

[2:11:51] that broad of a public base is, you know,

[2:11:56] there, there's no other form

[2:11:58] of communication that's more effective.

[2:12:00] Not to mention, you know, Pinkerton is, you know,

[2:12:04] a a member of the community.

[2:12:07] So, you know, putting messages up for

[2:12:11] community events that normally wouldn't

[2:12:16] receive an email or a text message.

[2:12:18] Emergency alerts, you know, emergencies on campus,

[2:12:22] things along those lines.

[2:12:24] There's no way to reach the public with that outside of,

[2:12:28] you know, the digital messaging.

[2:12:33] That's kind of where I was going with it.

[2:12:34] So it would be fair to say that utilizing the gym

[2:12:38] for voting say, or shows

[2:12:40] that Stockbridge might be advertised on that sign

[2:12:42] where you might not get a text if you're not a student?

[2:12:45] That's correct. And if the building,

[2:12:51] the gym is also the town's shelter.

[2:12:53] So say the shelter was open, we'd have the ability

[2:12:56] to put it up on the sign that shelter is open here

[2:12:59] for the town pending.

[2:13:00] We had power, If we had power,

[2:13:05] but it can be gener,

[2:13:06] generator can probably run that as well.

[2:13:09] Thank you. All set. Mr. Doman? Yes, sir. Okay.

[2:13:12] Mr. Trip, back to you.

[2:13:13] So do you,

[2:13:16] do you anticipate the sign usage

[2:13:21] to include something like

[2:13:23] what you've shown home of the Astros?

[2:13:28] I mean, it's, it's a pretty good rendering, you know,

[2:13:34] athletic events, things like that would obviously be part

[2:13:38] of the message that's, that's put out there, you know,

[2:13:42] but it's, you know, key dates,

[2:13:45] important dates coming, events.

[2:13:47] So mostly textual. What's

[2:13:49] That?

[2:13:50] Mostly textual messages. Yes. Yeah.

[2:13:52] With the t with the what?

[2:13:55] Nothing. I mean,

[2:13:57] we have a great example right here in town.

[2:13:59] If you've driven by the dairy public library,

[2:14:02] that's a watchfire digital sign.

[2:14:04] It's actually a little bit larger than

[2:14:05] what they're proposing here, which is appropriate

[2:14:09] because it's stepped back

[2:14:10] a little bit further from the road.

[2:14:13] But I think if you were to look at dairy,

[2:14:15] the public library, every message they have on there is done

[2:14:19] in a, a tasteful manner.

[2:14:21] It's actually the screen saver on my computer.

[2:14:23] So it's, it's my, the, my favorite picture

[2:14:26] of a sign I've taken in, in my entire territory.

[2:14:31] And I've never noticed it.

[2:14:35] I actually probably have, but it

[2:14:36] doesn't stand out in my head.

[2:14:38] Well that's, that's, that's mostly used

[2:14:40] for events, you know?

[2:14:41] 'cause I go to the library quite a bit

[2:14:43] and I, I do look at it, you know, when they talk about

[2:14:47] events that they're holding in the, in the library

[2:14:51] and sometimes even the events

[2:14:53] that are held in McGregor Park. So,

[2:14:57] You know, so I mean, you know,

[2:14:59] the school would be utilizing it basically the same

[2:15:02] manner that the library does.

[2:15:03] Yeah. All set. Mr. Tripp?

[2:15:08] I am all set for now.

[2:15:10] Okay. Did I call the public already?

[2:15:13] You did? Yeah. Okay. Good enough. Ms.

[2:15:16] Dietzel? You all set? All

[2:15:18] Set, Mr. Chair?

[2:15:18] Well that being said, we can take a motion

[2:15:20] to go into deliberation.

[2:15:22] I'll make a motion to go into deliberative session.

[2:15:26] Mr. Donlin, who wants

[2:15:27] to second, can we hear from the court?

[2:15:28] Yes. He just told me. I asked, I called. I didn't hear her.

[2:15:33] You wanna second his motion?

[2:15:35] I'll second the motion to go into deliberation.

[2:15:37] A all in favor of deliberation, say aye. Aye. He opposed.

[2:15:42] Okay. Who wants

[2:15:45] to start off Mr. Donlin?

[2:15:48] Sure. As we know, the digital signs,

[2:15:53] especially in the residential areas, tend

[2:15:56] to be a hot topic throughout the community at times.

[2:16:00] I, I feel like the uniqueness of this property

[2:16:07] in the residential area not being very residentially,

[2:16:11] for lack of a better term,

[2:16:12] and the, the use for the community and such, like the voting

[2:16:15] and other things around the, that might be

[2:16:20] appropriate for the community, not just the students

[2:16:23] or at lodge or the staff.

[2:16:26] That it, it goes

[2:16:31] beyond a reasonable, like it in a good way.

[2:16:35] That it, that it's, they've proven the need in my opinion.

[2:16:42] Okay. Mr. Zel?

[2:16:46] Yeah, I, I agree with Mr. Donlin.

[2:16:50] I, I think clearly the first four criteria are met.

[2:16:55] It goes back to the, the, the hardship

[2:16:58] and the uniqueness of the property

[2:17:00] and the special conditions surrounding the property.

[2:17:02] And I am concerned that there is one ofbut

[2:17:07] who might be affected.

[2:17:08] But when you look at that stretch of North Main Street,

[2:17:13] all the activities that's going on with the, the,

[2:17:16] the crosswalks and the children crossing

[2:17:18] and the sporting events.

[2:17:19] And the voting. And it, I just don't see that it's

[2:17:23] unreasonable to add this one

[2:17:28] small sign to such a big busy area.

[2:17:32] And so that's the,

[2:17:34] and so disallowing a variance

[2:17:38] for it would cause an unreasonable hardship.

[2:17:42] Okay. Mrs. Moore.

[2:17:45] So I agree.

[2:17:46] I like the new sign

[2:17:48] because if you're from around here,

[2:17:50] you'll tell people it's at the Hackler.

[2:17:54] But to what? The Hackler 'cause it's the name of the gym.

[2:17:57] It, the old side doesn't have the address.

[2:18:00] It doesn't say Fields House or any of that.

[2:18:03] So we'll use a craft fair for ex, you know, example.

[2:18:08] 'cause I know that's a lot of foot traffic

[2:18:11] to say it's at five Rein Street.

[2:18:14] Having the address on that will be helpful.

[2:18:18] The only thing I really wish is that they could put, like,

[2:18:21] parking lot is full.

[2:18:22] So we all know the parking lot, which parking lot is full,

[2:18:27] which parking lot does have open spots,

[2:18:30] but maybe in the next sign.

[2:18:33] Well that's, that's true. They

[2:18:35] Can put that message on the sign.

[2:18:37] It's digital. Yeah.

[2:18:38] Crystal, the Careful

[2:18:40] deliberation. Mr. Trip.

[2:18:45] Well the, looking at section 1 65 dash

[2:18:50] 1 0 1 1, the only things that I see

[2:18:55] that this sign is not compliant with would be that it's

[2:19:01] over 24 square feet and that it's an m

[2:19:05] and it's in a residential district now.

[2:19:09] So having fought this battle

[2:19:13] before, I believe that we've determined that

[2:19:19] businesses, and I believe Pinkerton is a business

[2:19:24] Longest standing.

[2:19:25] I said it's the longest standing business in town.

[2:19:28] No, it's a, it's a, a business is, is permitted to

[2:19:36] advertise where they are in the town with a sign

[2:19:42] and advertise what their products are.

[2:19:47] It being a electronic, electronic sign, you know, that's a,

[2:19:52] that's even better because, you know, as we know,

[2:19:55] Pinkerton has a lot of products.

[2:19:58] You know, the, so

[2:20:03] I, I believe that's a,

[2:20:07] a plus on this.

[2:20:09] And as for the electronic sign, as, as the applicant said,

[2:20:13] you know, the old sign was, well, you had to go out

[2:20:17] and put letters on.

[2:20:19] You know, the, the ability to

[2:20:25] change the messages electronically, you know,

[2:20:29] is a, is a great benefit.

[2:20:31] You know, especially when we're having football games

[2:20:35] or baseball games or basketball games

[2:20:40] or elections, you know, so

[2:20:46] I, I see that, I believe that the new sign

[2:20:53] is, is, is a benefit to the community.

[2:20:57] Okay. Anything else? You good?

[2:21:03] I'm good. Alright, great. Alright.

[2:21:07] I think weighing out the balance

[2:21:09] of five criteria is something that was established

[2:21:12] a long time ago before the criteria became so stringent.

[2:21:18] Understandably, we can see the deterioration

[2:21:20] of the former sign and its need for replacement.

[2:21:24] The question is, you know, how the, how the future

[2:21:30] continues to evolve and affects that.

[2:21:33] I don't find that the ask on this as,

[2:21:37] as reg egregious as it seems

[2:21:41] that electronic messaging signs are not being

[2:21:46] more appropriately addressed in our ordinances.

[2:21:50] So I'm going to, I feel fairly supportive of this

[2:21:55] understanding that the criteria is easily upheld

[2:22:01] as far as its luminance and its ability to change

[2:22:05] and become a distraction to traffic.

[2:22:08] I was a little taken back by the fact

[2:22:12] that it's not in the same place

[2:22:13] because that had stood out to me

[2:22:17] and I didn't know that to be contrary

[2:22:20] before we sat down tonight.

[2:22:22] Other than that, I, I think overall this is a reasonable fit

[2:22:27] and a reasonable request

[2:22:29] as Pinkerton is a 10 acre island upon itself.

[2:22:33] And this can become service to the community

[2:22:37] and certainly serves the student body there

[2:22:39] of 3,400 students.

[2:22:42] Anyway, let's structure the, the motion.

[2:22:46] I think we have just the,

[2:22:52] I lost my track of what I was

[2:22:54] looking at the motion.

[2:23:01] Can I borrow your motion sheet for a second?

[2:23:04] I think I might have figured out

[2:23:05] where my missing motions went.

[2:23:11] Subject to obtaining all State Town permits and inspections

[2:23:15] and the electronic message center signed shall operate in

[2:23:19] accordance with section described in within the ordinance.

[2:23:25] Does anybody have any other conditions they

[2:23:27] wish to add to that?

[2:23:30] Does the signed permit in included in the

[2:23:35] subject to obtaining all state

[2:23:37] and town permits and inspections?

[2:23:41] Yes. You got that Mr. Trip?

[2:23:45] I, I I heard

[2:23:46] That.

[2:23:47] Yes. Nod. You saw them. You heard the nod? Yes.

[2:23:49] I understand. Okay. Good enough.

[2:23:51] Alright, we've structured the motion.

[2:23:54] Take a motion to come on deliberate de deliberation, please.

[2:23:59] I'll make that motion to come outta deliberation. Thank

[2:24:01] You.

[2:24:02] Second. Seconded by Mr. Donlin.

[2:24:04] All in favor of coming outta deliberation, say aye. A aye.

[2:24:07] Aye. Any opposed? Mrs. Moore, you have a motion to read?

[2:24:10] I do. Thank you. I make a motion on case number two six

[2:24:14] dash 1 1 9 to grant a variance to the terms

[2:24:19] of Article 12, section

[2:24:22] 1 65 dash 1 0 1 1

[2:24:27] and article 12, section 1 65 dash

[2:24:32] 0 1 1 of the town

[2:24:35] of Derry zoning ordinance to allow the insulation

[2:24:39] of a 48 square foot freestanding sign

[2:24:43] containing a 16 square foot electronic message

[2:24:48] center sign replacing

[2:24:50] and existing free standing sign parcel ID

[2:24:55] 4 3 0 0 1 zoned MHDR as presented

[2:25:00] with the following conditions.

[2:25:01] We have two, one subject to obtaining l State

[2:25:05] and town permits and inspections.

[2:25:08] Two. Electronic message center sign shall operate in

[2:25:12] accordance with section

[2:25:14] 1 65 0.1011

[2:25:19] of the Town of Dairy zoning ordinance.

[2:25:21] And that completes the reading

[2:25:23] of the motion. I need a second,

[2:25:25] Second Seconded by Mr.

[2:25:27] Tripp that puts that on the floor.

[2:25:30] This, this case was not contested by any

[2:25:34] abutters either for or opposed to this application.

[2:25:39] Therefore, I would accept ask for acceptance

[2:25:43] to abbreviate the finding of fact.

[2:25:46] Thank you. Second. All right. Thank you.

[2:25:48] Finding of fact for case number 26 dash one 19.

[2:25:51] The applicant desires to replace a deteriorated sign.

[2:25:54] The application is in medium high density

[2:25:56] residential District central.

[2:25:58] The application is a request

[2:26:00] for an electronic messaging center

[2:26:02] where a backlit reader board was

[2:26:04] before electronic messages centers are permitted in two

[2:26:07] commercial zones and the industrial zone only.

[2:26:10] The board also includes all facts found in the meeting

[2:26:13] minutes for this application

[2:26:14] and incorporates all meeting minutes into its finding

[2:26:17] of facts and decisions.

[2:26:19] Anybody wish to add any addendums to that? No sir.

[2:26:22] Seeing no gestures.

[2:26:23] All in favor of moving this vote for this motion for a vote.

[2:26:27] Say aye. Aye. Aye. Any opposed Mr.

[2:26:33] Dietzel? Yes. Mark their votes please. Mr. Trip?

[2:26:38] Yes. Mr. Donlin? Yes. Mr. I. Sorry, Ms. Mor.

[2:26:43] Yes. And the chair will make that unanimous

[2:26:46] by a vote of five to zero.

[2:26:47] So congratulations gentlemen. Anybody agree by this?

[2:26:50] Of course, has 30 days to ask this board for rehearing,

[2:26:53] otherwise reports superior court.

[2:26:55] Okay. Thank you very much. Thank you very much.

[2:26:58] Have a good evening.

[2:27:03] This next case up is case number 26 dash one 20,

[2:27:07] Ackerman family revocable trust.

[2:27:25] Gentlemen, how are you? Good. How are introduce yourselves?

[2:27:28] My name is Peter Rockerman. Okay.

[2:27:30] And I'm Brian Jones with Allen Major Associates.

[2:27:33] We are the civil engineer on the project.

[2:27:35] And, and we ask that you read the five criteria

[2:27:38] for the record first and then we'll get into

[2:27:40] the barrage of questions. Okay?

[2:27:41] Certainly. Mr. Chair, if I may before you get started.

[2:27:44] Yes sir. I'll be restarting the,

[2:27:47] it looks like the PC was accidentally hit the computer,

[2:27:49] so I'll be just starting that.

[2:27:50] Well, don't do that guys.

[2:27:52] And would point a, would you like

[2:27:56] to appoint someone to the case?

[2:27:58] I would. The computer's down.

[2:28:00] Mr. Dani, can you sit on this one please?

[2:28:03] Yes I can. Alright,

[2:28:04] Very good.

[2:28:05] Mr Dial, did you catch that? He can sit on this one.

[2:28:09] He can. Oh good. John, you all

[2:28:12] Set?

[2:28:13] Thank you. Yes. I think that only

[2:28:13] Makes for though, Mr.

[2:28:14] Chair. All right. The chatter

[2:28:16] and the blueberries make it worthwhile.

[2:28:17] Go ahead.

[2:28:19] This is for a front yard setback

[2:28:21] for a billing addition in low density residential zone.

[2:28:24] And criteria number one, the variance will not be contrary

[2:28:29] to the public interest

[2:28:30] because it'll not alter the essential character

[2:28:33] of the neighborhood or threaten the public's health,

[2:28:36] safety, or welfare.

[2:28:38] The proposed development includes an existing residential

[2:28:41] duplex building that's approximately 45 feet from the right

[2:28:44] of way and parking for four cars along the front.

[2:28:48] Inside of the structure. The size

[2:28:50] and style of the proposed building addition are consistent

[2:28:53] with others in the neighborhood.

[2:28:56] Two, the spirit of the ordinance is observed

[2:28:58] because residential duplex structures are allowed in the

[2:29:02] current use and the massing of the proposed garage

[2:29:06] and structure are similar in size for the neighborhood

[2:29:09] while maintaining the current alignment

[2:29:11] of the existing parking area.

[2:29:13] The orientation of the garage allows for flow vehicles,

[2:29:16] which residents have been accustomed to since the mid 1980s

[2:29:20] when the structure was constructed.

[2:29:22] Number three, substantial justice is done

[2:29:25] because the site plan as designed is consistent

[2:29:28] with surrounding uses.

[2:29:30] Denial of the variance would require the entire development

[2:29:32] to be extended to the north resulting in an impact

[2:29:36] to the existing septic field for the the entire project.

[2:29:41] This would create an unnecessary visual discontinuity

[2:29:44] and alter the existing character of the neighborhood.

[2:29:47] The general public does not stand the benefit from

[2:29:49] de denying the request.

[2:29:51] The lot sizes conforming the proposed use is per permitted

[2:29:55] and the site plan has been designed to a high standard

[2:29:58] to protect the interests of the surrounding properties.

[2:30:01] Number four, as stated above, the use is allowed

[2:30:05] and consistent with the neighborhood.

[2:30:07] The project maintains the existing streets, scape

[2:30:10] and neighborhood character while providing a residential use

[2:30:13] compatible with surrounding properties.

[2:30:17] And number five liter literal enforcement of the provisions

[2:30:20] of the ordinance would result in an unnecessary hardship.

[2:30:25] A i and I'll read our response.

[2:30:29] Enforcement of the ordinance provision would require the

[2:30:32] development to be designed in a way

[2:30:33] that would make it inconsistent

[2:30:35] with the surrounding neighborhood, which is counter

[2:30:37] to the spirit and intent of the ordinance.

[2:30:40] And I'd add that special conditions of this property,

[2:30:44] that's not the property.

[2:30:49] Mr. Prevention, we have the wrong video up there.

[2:30:54] It's 300 island. That's for The next case. Yeah.

[2:30:57] Case one 20. My apologies. My apologies.

[2:31:00] No, it's fine. No problem.

[2:31:02] Probably when the applicant bumped the table right.

[2:31:05] Pull up the wrong one. When the, when this reset,

[2:31:08] I, I was just gonna state that

[2:31:10] there are special conditions for this property.

[2:31:11] It's wedge shaped. It's a lot

[2:31:13] with existing non-conforming frontage,

[2:31:16] which prevents placing the garage to the side without impact

[2:31:19] to the existing septic system.

[2:31:22] Turn it back to the chair.

[2:31:25] Do you, you don't have anything else you want to add?

[2:31:29] Oh, we can talk about the uniqueness

[2:31:31] of the, the building addition.

[2:31:33] Mr. Ackerman is laid it out. It has very specific uses.

[2:31:38] Mr. Ackman, can you enlighten the board as to the purpose

[2:31:41] of the, the addition?

[2:31:42] Well, so I think the garage itself certainly

[2:31:45] speaks for itself.

[2:31:46] We'd like to have a garage, but over that we'll have a room

[2:31:50] that we're gonna build for my son who has special needs.

[2:31:55] He does a lot of home care and a lot of therapy at home.

[2:32:00] He just reacts a lot better when we do do it at home.

[2:32:03] So over time we're trying to do more and more of that.

[2:32:05] And this will create a space for him as opposed

[2:32:08] to being jammed into a very small corner of the basement

[2:32:11] for a two to four hour session with a therapist.

[2:32:19] This is a two family townhouse, correct?

[2:32:22] It's Duplex. It's duplex, yeah. Plex.

[2:32:24] Yeah. And

[2:32:28] what is the actual size of this structure?

[2:32:32] Because you have about three

[2:32:34] or four different size descriptions

[2:32:38] throughout your whole packet.

[2:32:41] Do you know the square footage of the building edition

[2:32:43] Of the entire, the entire edition or just the garage?

[2:32:47] Well, you have on your propo on your drawing plan,

[2:32:51] you have a proposed 30 by 30 foot garage

[2:32:55] on another document you have another size designated.

[2:33:00] It is 30 by 34.

[2:33:05] And then on, I think another plan, you have it

[2:33:09] as a 32 by 34.

[2:33:12] So this is gonna go back to the hardship aspect for me.

[2:33:17] Not because there's different sizes, but

[2:33:19] because of the overall size of your, of the structure.

[2:33:22] But I'd like to know what the actual proposed

[2:33:25] size of the structure is.

[2:33:26] Sounds like you may have two different,

[2:33:28] maybe there was an old one and a new one.

[2:33:33] I do not have the plans in front of me.

[2:33:35] I just have that's not

[2:33:39] so 34 by 32.

[2:33:43] Yeah. So this plan here says

[2:33:47] 30 by 30.

[2:33:50] That's, that's the size that we would live

[2:33:52] with if a variance was granted.

[2:33:54] The 30 by 30 is correct. Is your application size.

[2:33:59] Yes. So with this structure being the way it is,

[2:34:08] How does putting this size of a garage,

[2:34:13] you know, really make, make sense in this indication?

[2:34:18] You're, you know, you're coming into the,

[2:34:20] and it kind of refutes your testimony, right?

[2:34:24] Similar structures along the way,

[2:34:27] but you're coming into this a 35 foot setback, you know,

[2:34:32] you're asking for relief at 17 feet.

[2:34:35] The size of the garage would be a concern, right?

[2:34:38] If somebody wants to build a hundred by a hundred foot house

[2:34:42] and you know, on a quarter acre lot

[2:34:44] and then they tell you they need relief, you say,

[2:34:46] well you need to build a smaller house.

[2:34:48] Right? It's that kind of philosophy.

[2:34:50] So I I, for me, I really need to understand why a 30

[2:34:55] by 30 foot garage is appropriate on a townhouse

[2:34:59] and how it fits to the structure that's there.

[2:35:04] So I I think the garage space is obviously of a of use

[2:35:09] to the resident, but it's the, the upper story

[2:35:11] that is really critical for them that, that activity area,

[2:35:17] and again, I just speak to the,

[2:35:20] the uniqueness of this property.

[2:35:22] It does get pinched in the front.

[2:35:23] It has non-conforming frontage, which,

[2:35:26] which automatically makes it difficult to

[2:35:28] which build in either direction.

[2:35:31] But Mr. Ackman again can enlighten on the actual purpose

[2:35:37] of the second floor why it's needed,

[2:35:40] why it's laid out the way it is.

[2:35:42] I think, and correct me if I'm wrong, I'm just,

[2:35:44] when we laid it out, the 32 feet

[2:35:47] or 30 feet from the

[2:35:49] existing structure towards the road towards Island Pond

[2:35:52] Road, in order to get two cars side by side

[2:35:56] and the stairs to go up

[2:35:57] and down, that kind of brought me to it backed into the size

[2:36:02] of the left or the right

[2:36:03] or the, the size of the space towards Island Pond.

[2:36:07] As far as going deep towards the back of the property.

[2:36:10] I believe we have enough space anyway, whether it was 30

[2:36:13] or 32 or 34, I think that was, I don't think it's the,

[2:36:18] you're you're referring to more of the, the 32 feet

[2:36:22] or the 30 feet from the existing home

[2:36:25] towards the island pond road. Am I right?

[2:36:28] I I think that's how it's orientated. Yep. Yep.

[2:36:33] And I did see in the plans

[2:36:34] that looks like you have the staircase built into the back

[2:36:37] of the garage that would take you up

[2:36:40] to the top floor, correct?

[2:36:41] Yeah, there's a doorway, you know, a doorway.

[2:36:42] So the two co, two garage doors and a doorway to get in

[2:36:47] and out and then that doorway would have a

[2:36:50] stairway to go up to the top.

[2:36:51] Yep, I understand.

[2:36:53] So that ended up kind of backing into a little bit wider

[2:36:55] of a space as opposed to just two cars

[2:36:59] or two garage doors, which are roughly eight feet wide.

[2:37:03] And then the sides that would go with that

[2:37:07] Is, is the, are you adding onto your,

[2:37:12] your live on the left side unit?

[2:37:14] Correct? Yes. And are you adding onto that habitable space?

[2:37:17] Yes. As well as the garage? Yes.

[2:37:20] And so, and I, so the,

[2:37:23] who lives in the right hand side?

[2:37:25] You? My sister. Your Sister,

[2:37:26] Okay.

[2:37:27] I bought the home in 1999.

[2:37:28] She's lived there beside me since then.

[2:37:31] Okay. And so

[2:37:36] why does the whole structure can't, can't slide backwards?

[2:37:40] 'cause this is a pretty big encroachment

[2:37:42] on a very busy road.

[2:37:45] When you say slide backwards, can you

[2:37:48] Well, I, the the third towards

[2:37:50] The back of the property you mean?

[2:37:51] Yes. I guess it could slide backwards a little bit more.

[2:37:57] Trying to line up the addition with the existing home so

[2:38:01] that when we open up the walls it all flows together.

[2:38:04] If it did slide back, then it creates a little bit

[2:38:07] of an awkward space as to where that would cross through.

[2:38:10] Yep.

[2:38:12] Okay. Let me yield, anybody wishes to

[2:38:17] ask any questions Mr. Dietzel?

[2:38:20] No, thank you Mr. Chair. Mr. Dani,

[2:38:23] I think you asked the questions.

[2:38:25] I was curious why I wouldn't be able to slide back myself.

[2:38:28] It looks more of a inconvenience than a hardship.

[2:38:33] So in their application they mention

[2:38:37] it would result in impact to the existing septic field

[2:38:40] for the entire project?

[2:38:43] No, that's to go to the north.

[2:38:45] Go left, I mean,

[2:38:48] or off to the side.

[2:38:52] You're essentially adding another bedroom here. Yes.

[2:38:55] And have you had a test for the septic

[2:39:00] to evaluate?

[2:39:02] Yes. Future expansion.

[2:39:04] We put a new septic in.

[2:39:06] You have put in a new septic? Yep.

[2:39:08] And we relocated a little further out.

[2:39:10] Okay. The, the term development,

[2:39:13] when I was reviewing these documents through me,

[2:39:16] because it, my first impression without seeing any images

[2:39:19] was that this was a multi house, which I guess it is,

[2:39:24] but I was thinking that it was an alignment

[2:39:26] of a few different homes or something in this regard.

[2:39:31] And, and that's just an addition, not the case. Yeah.

[2:39:36] When did you put the, the septic in?

[2:39:39] It's just recently finished Like six months ago. Mm.

[2:39:43] It's been done for about a month and a half.

[2:39:45] I see. Okay. Mr.

[2:39:49] Trip, any questions?

[2:39:55] Not at this time. Anybody else down on the left there?

[2:39:57] Mr. Donlin? Mr. Henry? No, thank you. Okay.

[2:40:05] I, I find that, you know, for me this is getting a little

[2:40:09] close to the road for, for my comfort.

[2:40:12] I think that what's been cited is that this is more of a,

[2:40:16] a convenience versus a, a need.

[2:40:19] And it's not to shade over the empathy of what you're trying

[2:40:24] to achieve here, but that's pretty close to the road.

[2:40:28] It's not like a five foot request, you know,

[2:40:33] and it has a not feel good side to it

[2:40:36] for me at this right now.

[2:40:38] Is there anything else you wish to speak to on this or

[2:40:42] Address?

[2:40:43] Well, You know, I, other than the fact that we,

[2:40:48] you know, I, I plan on myself

[2:40:50] and my family's plan on spending the rest of our lives here.

[2:40:53] You know, we of course, I get it from your point of view,

[2:40:57] it's a little close to the road.

[2:40:59] We did try to configure it

[2:41:00] by stretching it out back further,

[2:41:03] but then there's not enough room

[2:41:04] to come out if we came out on the side as a,

[2:41:07] with a two car garage, if that makes sense.

[2:41:10] Why I'm trying to describe it.

[2:41:13] Of course we'd love to have the space upstairs

[2:41:15] for obvious reasons, but that I explained

[2:41:21] we'd love to be able to have a two car garage there

[2:41:23] and have the ability to use the stairs to go upstairs.

[2:41:27] Most, you know, I think, you know, a foot

[2:41:30] or two feet in either direction I

[2:41:32] think could be figured out.

[2:41:34] But I understand. I get it.

[2:41:37] The most two car garages I see are 24 by 24.

[2:41:42] I see. 22 by 20 fours and the narrow

[2:41:46] and just don't, yeah, they don't work,

[2:41:47] but they, 24 by 20 fours I certainly don't like

[2:41:51] to, I think are adequate.

[2:41:53] Yeah. And more so if it's a stick built versus trap

[2:41:57] between two foundation walls.

[2:41:58] Correct? Sure. And so this seemed

[2:42:03] to be a little large for me,

[2:42:06] but I saw the drawings of the stairs in the back.

[2:42:09] Yeah. I don't know exactly what,

[2:42:13] what fits for me that's comfortable on, you know,

[2:42:16] for a setback for this.

[2:42:18] But again, this is, this is a little uncomfortable

[2:42:21] for myself, but other board members may

[2:42:24] have a say in it as well.

[2:42:25] So Mr. Deel,

[2:42:31] I drove by the property a number of times.

[2:42:37] I really don't feel uncomfortable with the setback.

[2:42:40] That particular stretch of the road is,

[2:42:43] is fairly visible.

[2:42:46] I I don't, I don't think

[2:42:48] what they're requesting is unreasonable.

[2:42:51] It it, but is it excessive?

[2:42:54] It's not excessive, but is it, I think given the fact

[2:42:59] that there, there really aren't any very close abutters

[2:43:05] and given the fact that there still is a safe distance

[2:43:09] between with the setback, I, I think

[2:43:13] what they're proposing is, is reasonable

[2:43:16] and especially in light of the, the,

[2:43:21] the son, he's gonna need special needs or not.

[2:43:25] He has needs, he's gonna need his own space is is he grows.

[2:43:29] And, and I think

[2:43:34] to the nature of the, the property itself, I think going

[2:43:38] back and he explained why some

[2:43:41] of those other configurations aren't as desirable.

[2:43:44] And so I think denying it would cause a hardship.

[2:43:47] And so I, I believe that

[2:43:51] the five criteria are met. Alright.

[2:43:53] Mr. Dani, anything, any questions?

[2:43:56] I mean, I just disagree with Mr. Dietzel.

[2:43:59] I feel like the garage is not the living space

[2:44:01] that we're concerned with.

[2:44:03] It's a garage and it's encroaching

[2:44:06] and we don't know what's the future for

[2:44:08] that road in the future if they're gonna widen it or not.

[2:44:12] And you're already encroaching on a 35 foot. I think it's

[2:44:17] Okay.

[2:44:18] Mrs. Moore, any questions?

[2:44:20] Yeah, so now that I understand it better,

[2:44:26] if you're, are you gonna be utilizing the garage?

[2:44:29] Will the garage doors be on the island pond side or

[2:44:33] No?

[2:44:34] Okay. Where are they gonna be?

[2:44:35] Because my concern would be backing out into the road for

[2:44:39] Public safety.

[2:44:40] No backing out into the driveway. Plant south.

[2:44:43] Okay. Thank you. Anything else?

[2:44:47] No. That I just, my concern was.

[2:44:49] Okay. Any other, any other information you wanna share

[2:44:53] with us or make a call the public or?

[2:44:57] No. Okay. All right, Mrs. Owen,

[2:45:00] you wanna help us out on your, on your end and

[2:45:03] Sure.

[2:45:04] Yeah. I don't have, again, a lot to add for this one,

[2:45:06] but the applicant's requesting a variance

[2:45:08] to allow the construction of a residential addition

[2:45:10] with attached garage within 17.7 feet

[2:45:14] of the front property line where 35 feet is required

[2:45:18] and that's at its closest point.

[2:45:19] This is located in the low density residential district,

[2:45:23] which requires a 35 foot minimum front yard setback,

[2:45:27] which is therefore we're here for the variance this evening.

[2:45:30] As we're aware, the property contains a preexisting

[2:45:33] non-conforming two family residence,

[2:45:35] each unit consisting of two bedrooms.

[2:45:38] The proposed addition would be for one unit, the left side,

[2:45:43] the existing lot of record is 6.01 acres

[2:45:46] with approximately 145 feet of frontage if approved,

[2:45:50] appropriate permits and inspections will be required.

[2:45:54] Okay. Anybody have any questions for coen enforcement?

[2:45:58] Nothing there. Okay. All right. Let's make a call to public.

[2:46:01] Just go through the protocols, statute.

[2:46:05] Anybody here wish to speak in favor of this application?

[2:46:07] This would be your time to come forward.

[2:46:10] Seeing no gestures there, anybody who wishes

[2:46:13] to speak in opposition to this,

[2:46:15] this would be your opportunity to come forward.

[2:46:18] Alright. I seeing nobody on that end. Okay.

[2:46:23] So if there's nothing left to address to the board

[2:46:26] or anything to say, we can we'll move into deliberation.

[2:46:29] You guys all set?

[2:46:32] Yes. Alright, take a motion.

[2:46:34] Go into deliberation please.

[2:46:35] So, vote. All right, Richard, Mr. Trip has that motion.

[2:46:39] Could have second please. I'll second it. Thank you Mr. Ani.

[2:46:42] All in favor of deliberation, say aye. Aye. Any opposed?

[2:46:47] Hearing none. All right. Let's think this one out.

[2:46:51] We have the motion structured,

[2:46:55] we have one condition with it subject

[2:46:58] to all towns permits and inspections.

[2:47:01] And does anybody want to make any further comments about,

[2:47:05] I think we touched into deliberation a little bit, but Mr.

[2:47:08] Dietzel, you wanna go any further with that? No.

[2:47:11] Thank you Mr. Chair. Okay, Mr. Dani? No, thank you sir. Mr.

[2:47:16] Tripp, you want to help explain us through this?

[2:47:19] Well, the, since the

[2:47:25] garage entrance

[2:47:28] and exit is on the side, which

[2:47:35] eliminates part of the,

[2:47:40] my hesitance to approve a,

[2:47:42] a shortened setback.

[2:47:47] The,

[2:47:52] it it, it makes it a a little more appealing.

[2:47:55] The,

[2:48:00] and that's the only ask in this variance request

[2:48:05] is to give them a, a reduced setback.

[2:48:11] You know, the, it appears that

[2:48:16] the property,

[2:48:22] what, what do you

[2:48:25] is set back significantly from the road itself?

[2:48:30] No, because there's the landscaping.

[2:48:34] That must be, do we

[2:48:36] have No, I

[2:48:40] Don't think so.

[2:48:44] I'd estimate probably 15 feet from the pavement to the,

[2:48:46] the front yard, the lot line

[2:48:49] 15 feet from speak of the louder

[2:48:50] Pavement to the property line. It's

[2:48:52] A little bit angle, but it's a, yeah,

[2:48:53] It's 18 deliberation.

[2:48:54] That's, so we do try to, if we wanna break the protocol

[2:48:57] and go back, we can do that.

[2:48:59] I apologize. Mr.

[2:49:00] Trip, did you want to go work out of deliberation? No. Okay.

[2:49:09] Any further questions Mr. Trip?

[2:49:11] No, thank you. Okay.

[2:49:16] Any other comments at all? You are all set,

[2:49:24] But the only comment I have is, you know,

[2:49:25] preexisting conditions are, are limiting, you know,

[2:49:30] what you can do to put another building in

[2:49:36] if, if you're interested in being able

[2:49:38] to provide a walkthrough, you know, from the

[2:49:41] new building to the old building.

[2:49:43] So,

[2:49:45] You know, Ms. Morin asked a question

[2:49:46] that was the orientation of the garage doors

[2:49:50] to the structure and the garage doors are coming in on the

[2:49:55] side where the 35 foot front setback is designated.

[2:49:59] And that's understandable.

[2:50:01] And I point out the fact that a 24 by 24 garage

[2:50:07] is, or 24 foot width garage is probably the nearest,

[2:50:10] I would like to see a two car garage.

[2:50:13] And As you address

[2:50:18] and the idea of sliding this backwards, you start

[2:50:22] to eliminate a passage that would be between

[2:50:27] the garage door that's closest to the structure

[2:50:32] and clear passage for a car, a vehicle to back out.

[2:50:37] I think you're, you were starting to touch on that, Mr.

[2:50:40] Tripp and or go in that direction. Yep.

[2:50:42] This is Morin's point is that if you have a, a vehicle

[2:50:46] that's at least 17 feet long today,

[2:50:49] that 17 foot long car vehicle backs out into the next,

[2:50:54] if they go any further, they're out on the road.

[2:50:56] And we try to discourage that

[2:50:58] and the construction of homes with sight line

[2:51:04] clearances that this town

[2:51:07] stipulates would certainly

[2:51:11] render this addition not appropriate.

[2:51:16] But the garage doors come out on the side

[2:51:18] and they back, they would back up across the front

[2:51:21] of the right hand unit.

[2:51:23] And you can see that there's a hammerhead for them

[2:51:25] to proceed safely out of the driveway onto the road.

[2:51:31] But, you know, my my thoughts on this are still

[2:51:36] that were at 17 feet for

[2:51:40] clearance and you know, we don't like to see that in a,

[2:51:45] in a tight neighborhood, let alone on a busy road.

[2:51:50] That's my position on it, not yours.

[2:51:52] But I was trying to add clarity to

[2:51:54] what you were getting at Mr.

[2:51:55] Trip by yield.

[2:51:57] And I would just bring up that, you know,

[2:51:59] we're talking about the garage portion

[2:52:01] and the hardship of having

[2:52:05] or needing a two car garage.

[2:52:08] Is, is, is that more of a hardship or just a want

[2:52:14] and you know, yes.

[2:52:15] We don't have the opportunity to move off to the right,

[2:52:18] I mean, sorry, the left of the, the structure

[2:52:20] because they, everybody did the septic,

[2:52:24] but if they knew this was a project they wanted to do,

[2:52:26] they may have waited

[2:52:29] and figured out the appropriate spot for the septic.

[2:52:32] I don't know if it could have been moved

[2:52:33] or not. I'm just saying

[2:52:35] I did ask that with the septic company

[2:52:37] and that's, that's where it needed to be.

[2:52:38] Excuse me. We're

[2:52:39] Deliberation.

[2:52:40] Deliberation. Sorry. Oh, I'm

[2:52:41] Sorry guys.

[2:52:42] No, I'm sorry. You were led down the bad road.

[2:52:50] Yeah. Your, the test pit date

[2:52:53] or whatever may have said, well this is,

[2:52:55] this needs to remain there.

[2:52:57] I just can't, I don't know enough to say, well there's a,

[2:53:01] a different configuration that could occur and I think Mr.

[2:53:04] Dani's starting to touch on that

[2:53:07] to bring us back into more compliance.

[2:53:11] You know, we've had a similar case, I think last year

[2:53:15] where someone, a couple needed to build a garage

[2:53:19] and they were similarly on as,

[2:53:24] as close or a little closer to a less busy road

[2:53:27] and we asked them to go back and reconfigure it

[2:53:30] and bring it back to us

[2:53:31] and the, the board was able to find a happy

[2:53:36] medium with that.

[2:53:39] I'm inclined to want to go in that direction here,

[2:53:42] but I'm not saying that everybody else has to either.

[2:53:47] Mr. Trip, did you have anything else?

[2:53:49] I think we jumped off of your point. I'm done. Okay.

[2:53:54] Mrs. Moore, you all set?

[2:53:55] No, I have just a couple thoughts 'cause Mr.

[2:53:58] Dietzel brought up a great point about the sun

[2:54:02] and then I'm unsure if for therapy, like

[2:54:06] what equipment they're bringing in are the

[2:54:10] 'cause where we wanna shorten it.

[2:54:11] The doors coming out.

[2:54:13] I, I don't know, I just have concerns with shortening it too

[2:54:17] because their purpose of having that extra room

[2:54:22] for their son, I don't wanna take that away.

[2:54:30] I don't, do they need the extra room

[2:54:32] to help him in a car? I guess

[2:54:35] Yeah, but that's reconfiguring a stairwell

[2:54:37] that could be direction in any other direction.

[2:54:41] No, but also too, like, I don't know what they bring in

[2:54:45] and out for therapy and just

[2:54:53] in, and I couldn't imagine asking them

[2:54:56] to move it to detached.

[2:54:58] Especially if they wanna use it for a special needs sun.

[2:55:03] I know I would as a parent would wanna be able to hear,

[2:55:09] So.

[2:55:10] Okay. Are you all set? I am.

[2:55:19] Alright,

[2:55:22] Let's see.

[2:55:25] Do we wanna come outta deliberation at this point?

[2:55:31] Is everybody ready to come outta deliberation?

[2:55:33] I'll make a motion to come outta deliberation.

[2:55:36] Mr. Trip, are you all set to come out? Sure.

[2:55:41] You wanna give that? Second?

[2:55:43] Second It. Okay.

[2:55:44] All in favor of coming outta deliberation. Say aye. Aye.

[2:55:47] Aye. And you opposed?

[2:55:50] All right, Ms. Zamore, you have a motion to read. I,

[2:55:56] Sorry.

[2:55:59] I make a motion on case number 26 dash 20

[2:56:04] to grant a variance to the terms of article six, section

[2:56:10] 1 65 dash 48 B four of the town

[2:56:15] of der zoning ordinance to allow the construction

[2:56:19] of a residential addition with attached garage with within

[2:56:24] 17.7 feet of the front property line where

[2:56:28] 35 feet is required.

[2:56:30] Parcel ID 0 7 0 4 9

[2:56:35] zoned LDR as presented with the following conditions.

[2:56:39] We have one, one subject to obtaining Allstate

[2:56:43] and town permits and inspections.

[2:56:45] And that concludes the reading of the motion.

[2:56:47] I need a second.

[2:56:49] I'll second Mr. Dug.

[2:56:51] Any seconds the motion puts that on the floor.

[2:57:01] Let's get into finding a fact.

[2:57:07] Did you wanna address a question or we

[2:57:09] No, I was, I was thinking That's

[2:57:12] Okay.

[2:57:15] Finding a fact.

[2:57:17] The applicant desires to build into the front setbacks

[2:57:22] required setbacks are 35 feet in front.

[2:57:25] The application is in the low density residential district

[2:57:29] parcel is six plus acres.

[2:57:32] The current structure is a non-conforming two family

[2:57:35] townhouse style home.

[2:57:38] Are there any other points in the finding of fact

[2:57:40] that anybody would like to add to it?

[2:57:45] No. Okay. To the depictions of the application.

[2:57:51] First is the public interest. The board finds Mr.

[2:57:57] Dietzel you wanna

[2:57:58] start public interest?

[2:58:03] I I think it's in the public interest

[2:58:05] because it, it, it,

[2:58:08] well it isn't contrary to the public interest.

[2:58:10] I think it, it it's remote enough that it really,

[2:58:13] it doesn't have an effect on

[2:58:15] the, the area.

[2:58:21] Okay. Mr. Dug,

[2:58:26] I don't have a problem with the public interest.

[2:58:28] Okay. You see it favorable in that way? Yes.

[2:58:33] Or not, it's not repeating. Correct? Correct. Okay.

[2:58:38] Ms. Moore,

[2:58:39] That was my original concern.

[2:58:41] But knowing that the doors are gonna be

[2:58:44] on the other side, that

[2:58:47] Fixes that safety concern?

[2:58:49] Yes. Okay. Mr. Tripp?

[2:58:52] I don't find it negative to the public interest.

[2:58:56] Okay,

[2:59:00] Mr. Chair?

[2:59:02] Yes sir. Would you like me to make a motion

[2:59:04] to extend for 15 minutes?

[2:59:06] Yes, I would. Thank you. So move.

[2:59:09] Okay, second. All in favor of extension, say aye.

[2:59:14] Aye. Opposed? Okay.

[2:59:22] The chair

[2:59:27] could slide on the public interest for the same reasons

[2:59:31] that have been described,

[2:59:36] not contrary to the public interest.

[2:59:40] So under the spirit of the ordinance, Mr. Dietzel,

[2:59:43] The spirit of the ordinance is observed.

[2:59:45] The ordinance is to keep the, the rural nature

[2:59:50] and this, this is with that conducive, it's a,

[2:59:56] Okay, Mr.

[2:59:58] Dani. Tired.

[3:00:01] I would concur with Mr. Dietzel.

[3:00:03] I'm sorry. Again, I Would concur with Mr. Dietzel.

[3:00:06] Okay. Okay. Mr. Mrs. Moore,

[3:00:11] Can you come back to me in a second?

[3:00:13] Okay. Mr. Tripp spear of the ordinance,

[3:00:17] you feel it's met here or contained or not?

[3:00:25] Yeah.

[3:00:31] Yes, I believe the spear of the ordinance is met.

[3:00:34] Okay. The, the chair would not agree with that.

[3:00:38] I am not in agreement on the spear of the ordinance

[3:00:45] as it is the, the consistency along the road,

[3:00:50] I think and holding all the other

[3:00:55] parcels to that.

[3:00:56] I think this drastically drifts away from it

[3:01:01] for reasons I'm not confident.

[3:01:05] Are the, are the best submissions

[3:01:08] or approaches for this parcel, Mrs. Morin?

[3:01:12] So that's what I was trying to look up

[3:01:16] for frontage.

[3:01:17] The spirit of the ordinance says that it's basically

[3:01:22] to ensure there's room for a safe driveway placement,

[3:01:25] emergency vehicles,

[3:01:27] and if the lot was big enough to subdivide

[3:01:30] to ensure there's more placement for a driveway.

[3:01:34] And I feel they have the adequate space

[3:01:38] between it being a duplex for the emergency vehicles

[3:01:42] and being able to be a driveway as well,

[3:01:44] seeing he owns both properties

[3:01:47] and he just makes it so he can't subdivide. So,

[3:01:51] Okay.

[3:01:52] So you're a yes on the spear of the ordinance? Yes. Okay.

[3:01:56] Substantial justice. Mr. Dietzel,

[3:01:59] I see minimum negative impact to the public,

[3:02:03] but a benefit to the applicant

[3:02:06] that would outweigh any, any negatives.

[3:02:08] Okay. So yes.

[3:02:11] All right, Mr. Dani.

[3:02:16] Gimme another second. Sorry. Okay. Ms. Ms. Moore,

[3:02:22] I do think substantial justice is being done due

[3:02:25] to their special condition that they have as a family unit.

[3:02:29] Okay, Mr. Dani, you ready?

[3:02:33] Yeah, I would say I would not agree with

[3:02:37] some justice being done due to the fact that it's

[3:02:44] encroaching onto the, the,

[3:02:49] the front line there, the 35 feet.

[3:02:52] Okay. Mr.

[3:02:55] Miss, who did I miss me? Oh, myself.

[3:02:59] No, I, I didn't ask you. No, you didn't. Oh. Alright.

[3:03:03] Go ahead Mr. Tripp.

[3:03:05] I would say substantial justice is being done.

[3:03:09] The, I said the, the,

[3:03:13] the whole situation here is

[3:03:18] the preexisting conditions limit.

[3:03:23] What you can do with the addition, admittedly the,

[3:03:30] is probably a little wide,

[3:03:31] but by having the entrance

[3:03:36] and exit on the side, that eliminates the

[3:03:43] somewhat the requirement for the 35 foot setback.

[3:03:47] Okay. Mr. Moore, did you answer this already?

[3:03:51] I did, I said because of their unique family situation,

[3:03:55] I feel that substantial justice is done.

[3:03:58] Okay. And I, I would say

[3:04:01] that substantial justice is fair here

[3:04:06] in their, in their request.

[3:04:09] The next one is, values

[3:04:14] of surrounding properties are not diminished. Mr. Dietzel,

[3:04:18] I I don't see that there would be any effect whatsoever.

[3:04:20] It's neutral.

[3:04:22] Okay. Mr. Dani? I would agree with that.

[3:04:25] Okay. Mrs. Warren?

[3:04:29] I agree with that, but also I,

[3:04:31] I looked up the square footage

[3:04:33] and there half

[3:04:35] of the duplex would be a thousand square feet,

[3:04:37] which is sub a lot lower than most

[3:04:40] houses on Island Pond Road.

[3:04:42] So I feel it could help.

[3:04:44] Okay. You feel it would elevate property values?

[3:04:47] It wouldn't diminish. Okay.

[3:04:49] All right. I don't see this

[3:04:53] as being a Dimi Dimi diminuation of property values myself.

[3:05:00] Now the hardship, literal enforcement creates an

[3:05:03] unnecessary hardship.

[3:05:06] That's section A. Mr. Dietzel.

[3:05:11] The applicant's explained

[3:05:13] to my satisfaction the special conditions

[3:05:15] of the property which make literal in literal enforcement

[3:05:18] of the ordinance causing a, a,

[3:05:23] a unnecessary hardship due to their inability

[3:05:28] to expand to accommodate their special needs child.

[3:05:32] Okay, Mr. Dietzel? That was

[3:05:36] Me, Mr. Dani.

[3:05:37] I'm sorry Mr. Dani. It's getting late.

[3:05:39] Gotcha. I'm tired too.

[3:05:42] I would say that it does not support

[3:05:47] on my opinion due to the fact that it's the garage portion

[3:05:50] and not the living spaces that we're dealing with.

[3:05:54] Okay. Mrs. Moore?

[3:05:57] I do feel that it meets the hardship

[3:05:59] because of the upstairs living space.

[3:06:03] It doesn't, if it's one

[3:06:04] or two levels isn't gonna change anything.

[3:06:07] I feel because of also it being a duplex,

[3:06:10] they're really stuck to that one location.

[3:06:13] Okay. Mr. Tripp? I agree with Ms. Ms. Lauren.

[3:06:17] Okay. The chair will

[3:06:21] defer on the, or on the unnecessary hardship.

[3:06:30] I believe there's not unnecessary hardship on this

[3:06:33] as I think the structure could be reconfigured

[3:06:37] and taken back from the road edge.

[3:06:41] I think that we do not need to go into section B

[3:06:46] of the hardship, so

[3:06:48] therefore we can mo come back out of finding a fact

[3:06:51] unless there's somebody that has an objection to that

[3:06:55] seeing no gestures there.

[3:06:58] All in favor of moving this for a vote? Say aye. Aye. Aye.

[3:07:01] Aye. Any opposed? Mrs. Mor? What? Say you.

[3:07:06] Aye vote Yes. Mr. Dietzel? Yes. Mr. Trip? Yes.

[3:07:11] Mr. Dani? No.

[3:07:14] And the chair will vote no

[3:07:15] for reasons described in the findings of fact.

[3:07:19] Gentlemen, congratulations.

[3:07:21] You have been approved by a vote of three to two.

[3:07:23] Anybody agree by this decision as 30 days to ask this board

[3:07:26] for reconsideration afterwards?

[3:07:29] Recourse to be superior court. Okay. Thank you.

[3:07:31] Thank you for your time. Goodnight. You're welcome.

[3:07:33] Current's license. Alright, we,

[3:07:38] we are going to have to conclude our meeting.

[3:07:41] Prime storage. And Mr. Benson, I am sorry

[3:07:45] that we're, we would not, even if we tried

[3:07:48] to bite into this, we wouldn't do them justice.

[3:07:52] So we will see you back at the next meeting in August.

[3:07:56] Who is the 20? Who is Prime Storage? Is that you? Okay.

[3:08:00] Do we have any other cases? We have one new application.

[3:08:03] One application. Correct.

[3:08:06] Mean we, we can reasonably

[3:08:09] we'll discuss this agenda I guess,

[3:08:11] but I have no problem with continuing where we're at

[3:08:14] and letting the other individuals fall in

[3:08:16] afterwards that we've tabled.

[3:08:18] Sure. I think that works for me.

[3:08:20] They, they may not have resolution by then,

[3:08:22] but hopefully they do and we can continue

[3:08:25] to clear the docket.

[3:08:26] So we'll table all in favor

[3:08:30] of tabling case number 26 dash 1 21

[3:08:33] and case number 26 dash 1 22 to the next scheduled meeting.

[3:08:37] Say aye. Aye. Aye. Aye. Any opposed? Very good. Thank you.

[3:08:41] Sorry gentlemen. And I

[3:08:42] Seconded it.

[3:08:43] Who seconded me. You did Very good. Ms. Mor seconded it.

[3:08:47] I saw you nod your head. I think I made the motion. So

[3:08:50] Eight 20.

[3:08:53] All right. This possibly happen again.

[3:08:59] I think we just cleared that up. Okay. Okay.

[3:09:03] We have a back load of minutes. We have an email from Mr.

[3:09:08] Corbett who's absent that he's has no objection

[3:09:12] to us approving these minutes.

[3:09:16] Mr. Donlin, would you sit

[3:09:19] for the approval of minutes please?

[3:09:21] Yes, sir. All right. So I need a motion

[3:09:23] to approve the minutes for fi.

[3:09:26] May 7th, 2026 as amended. So moved. Thank you.

[3:09:31] A second Mr. Donlin. Second. Thank you.

[3:09:34] All in favor of that say aye. Aye. Aye. We have motion.

[3:09:39] I need a motion to approve the minutes

[3:09:42] for May 21st, 2026 as amended.

[3:09:45] So moved. Mr. Dietzel, is that you? Yes. Yeah. Mr.

[3:09:49] Dani, you wanna help out? I'll second it. Thank you.

[3:09:53] All in favor of that say aye. Aye. Aye. Any opposed?

[3:09:56] I abstain. You. Abstain. Okay.

[3:10:00] Was it you were out six, four or five? Four.

[3:10:02] That's my birthday. Oh, six four was no May 21st.

[3:10:07] That was his grandson's graduation. That's right. Right.

[3:10:12] Approval of the minutes as amended for six four. 26.

[3:10:18] So moved. Mr. Donlin second. All in favor say aye.

[3:10:23] Aye. A. Any, any opposed Mr. Des?

[3:10:32] Approval of minutes as amended.

[3:10:34] Do you have any amendments on six 18? No.

[3:10:39] So moved. What's that? So moved. So moved.

[3:10:43] Well as presented I guess six 18 as presented. So moved.

[3:10:47] Thank you Mr. Dietzel. Mrs. Morin.

[3:10:50] I'll second it. Thank you. All in favor? Aye. Aye. Aye.

[3:10:54] Any opposed? A aye.

[3:10:57] Can I make a motion to adjourn?

[3:11:00] Is there any other business? There is not.

[3:11:04] Yes, you may Mrs. Mor make that motion.

[3:11:06] I make a motion to adjourn. Second.

[3:11:08] Second Before we go.

[3:11:11] It's blueberry season so all of you should get out

[3:11:14] and pick your blueberries. I already have.

[3:11:17] I transplanted my plant so I got none this year.

[3:11:20] No blueberries, textures, groups.

[3:11:22] All in favor of adjournment, say aye. Aye. Aye. Aye.

[3:11:25] Any your post. Have a good night everybody.

Zoning Board of Adjustments - 07/16/26

Transcript