1 00:00:02,075 --> 00:00:02,365 Okay. 2 00:00:02,365 --> 00:00:03,685 Good evening ladies and gentlemen. 3 00:00:03,685 --> 00:00:05,325 Welcome to zoning Board of Adjustment 4 00:00:05,585 --> 00:00:08,725 for two thou July 16th, 2026. 5 00:00:08,725 --> 00:00:09,765 Please rise to the pledge. 6 00:00:11,755 --> 00:00:14,205 Alright. Pledge allegiance to the flyback 7 00:00:14,425 --> 00:00:15,765 of the United States of America. 8 00:00:16,505 --> 00:00:18,645 Due the republic for which it stands 9 00:00:18,985 --> 00:00:23,565 by one nation under God, indivisible Justice. 10 00:00:25,395 --> 00:00:28,765 Alright. Okay, let's start off 11 00:00:28,905 --> 00:00:32,165 by introducing the board all the way to my far left, please. 12 00:00:32,635 --> 00:00:35,005 Anthony Henry, Michael Donlin, Richard 13 00:00:35,035 --> 00:00:37,525 Trip, Crystal Morin. Secretary 14 00:00:37,955 --> 00:00:39,005 Lynn Perkins. Chair 15 00:00:39,625 --> 00:00:40,625 Jim Dietzel. 16 00:00:40,815 --> 00:00:41,845 Jason Ney. 17 00:00:42,185 --> 00:00:43,325 And to our far right, 18 00:00:43,345 --> 00:00:47,525 we have a code enforcement officer, Carrie Owen. 19 00:00:47,825 --> 00:00:52,245 And the clerk is Eileen Boudreaux. 20 00:00:52,505 --> 00:00:56,005 And these proceedings are scheduled to terminate at 10:00 PM 21 00:00:56,865 --> 00:00:58,845 And audio, our audio video recorded, 22 00:00:58,845 --> 00:01:01,405 please shut off all cell phones, iPhones, anything 23 00:01:01,405 --> 00:01:02,685 that could create a distraction 24 00:01:02,685 --> 00:01:05,485 to the proceedings in the event of an emergency, just stay 25 00:01:05,485 --> 00:01:07,165 to the staircase and we'll help you out. 26 00:01:07,165 --> 00:01:09,725 Don't use the, the electrical box 27 00:01:09,725 --> 00:01:11,085 that takes you to the lower floors. 28 00:01:12,475 --> 00:01:16,285 With that being said, we'll get moving along here. 29 00:01:16,600 --> 00:01:21,125 Our first case for consideration is a motion 30 00:01:21,265 --> 00:01:24,925 for rehearing and it is case number 26 dash 1 0 7. 31 00:01:25,545 --> 00:01:30,125 It is for submitted by James Foley, the against the owner, 32 00:01:30,315 --> 00:01:32,165 Byrd Enterprises, LLC. 33 00:01:34,705 --> 00:01:37,165 The submission has been entered on time 34 00:01:37,745 --> 00:01:41,725 and the board has had this for a few weeks. 35 00:01:43,225 --> 00:01:47,245 The applicant is requesting a rehearing 36 00:01:47,305 --> 00:01:52,085 to basically towards improprieties of the board's operation. 37 00:01:53,065 --> 00:01:56,885 And therefore, for consideration, we will open 38 00:01:56,885 --> 00:01:58,085 that up for discussion. 39 00:01:59,265 --> 00:02:02,125 Mr. Diesel, anything you'd like to say on this? No. 40 00:02:02,125 --> 00:02:04,605 Thank you Mr. Chair. Okay. Mr. Trip, 41 00:02:05,965 --> 00:02:09,125 I, I believe the, his reasoning 42 00:02:10,225 --> 00:02:14,725 in his request was just as colluded as 43 00:02:15,465 --> 00:02:19,565 his testimony when we heard the hearing, heard the case. 44 00:02:20,885 --> 00:02:23,525 I I do not find it anymore relevant now. 45 00:02:24,185 --> 00:02:26,325 All right, Mr. Don, Mr. Chair. 46 00:02:26,325 --> 00:02:29,005 I don't find any justification for a rehearing. 47 00:02:30,795 --> 00:02:32,205 Very good. Mrs. Moore 48 00:02:32,575 --> 00:02:33,575 Chair. 49 00:02:33,575 --> 00:02:36,965 I also don't find any new evidence for a rehearing, 50 00:02:37,985 --> 00:02:42,205 And the chair myself will say that I, I don't see anything 51 00:02:42,205 --> 00:02:47,005 that the board did not cover in for hearings and the, the, 52 00:02:47,585 --> 00:02:50,285 and no new information here to reconsider 53 00:02:50,315 --> 00:02:53,485 that the board did not address to begin with. 54 00:02:55,225 --> 00:02:58,965 So in that case, we have, do we have a motion on this? 55 00:02:59,505 --> 00:03:02,085 No, but I can wing it. I can You think you can? Yeah, 56 00:03:02,365 --> 00:03:03,365 I have. 57 00:03:04,265 --> 00:03:06,885 All right, well I'll let you wing it then. Go ahead. 58 00:03:07,405 --> 00:03:11,165 I make a motion on case number 26 dash 59 00:03:11,545 --> 00:03:14,805 1 0 7 to grant a re-hearing 60 00:03:17,065 --> 00:03:19,205 for James L. Foley. 61 00:03:22,265 --> 00:03:23,485 And I believe that's it, right? 62 00:03:24,555 --> 00:03:27,125 Regarding the property itself? 63 00:03:27,185 --> 00:03:31,085 Oh, regarding 1 78 Hamstead Road, 64 00:03:31,085 --> 00:03:33,805 dairy New Hampshire 0 3 0 3 8 65 00:03:34,425 --> 00:03:36,565 by enterprises LLC 66 00:03:37,265 --> 00:03:39,605 and I take, I correct that. 67 00:03:39,605 --> 00:03:43,605 That's 180 7 Stead Road. Dairy New Hampshire. 68 00:03:43,785 --> 00:03:45,565 Mr. Foley is 1 78. 69 00:03:45,755 --> 00:03:49,825 Alright. And that concludes the reading of the motion. 70 00:03:49,945 --> 00:03:50,945 I need a second, 71 00:03:52,695 --> 00:03:54,065 I'll second it All. 72 00:03:55,525 --> 00:03:57,145 Should we include the case number in 73 00:03:57,145 --> 00:03:58,225 the hearing? In the motion? 74 00:03:58,495 --> 00:04:03,145 Yeah, I make a motion on case number 26 dash 1 0 7 is 75 00:04:03,375 --> 00:04:03,945 Okay. Thank you. 76 00:04:04,495 --> 00:04:08,305 Good. Mr. Trip, you've seconded that? Yes. Okay. 77 00:04:09,745 --> 00:04:12,545 Motion's been seconded. And any conversation on that Mr. 78 00:04:12,975 --> 00:04:15,825 Dietzel? You all set? All set. All set to my left Mr. 79 00:04:16,045 --> 00:04:17,065 Donlin, Mr. Trip? 80 00:04:17,765 --> 00:04:19,745 I'm good Mr. Chair. Alright, very good. 81 00:04:20,365 --> 00:04:23,865 All in favor moving that for vote? Say aye. Aye. Opposed? 82 00:04:24,165 --> 00:04:29,105 Mr. Trip? What? Say you No. Mr. Donlin? No. Mr. Dietzel? No. 83 00:04:29,325 --> 00:04:30,425 Mr. Mor No. 84 00:04:30,645 --> 00:04:33,425 And the chair will make that five nos as well 85 00:04:34,725 --> 00:04:38,905 as I'm sure the a butter is aware. 86 00:04:39,765 --> 00:04:41,305 His next recourse would be 87 00:04:41,365 --> 00:04:44,865 to the land use court, unfortunately. 88 00:04:45,165 --> 00:04:49,745 And we'll see where that goes from there. Alright. 89 00:04:49,745 --> 00:04:51,905 All right. Next case. 90 00:04:53,245 --> 00:04:55,265 26 dash 107. 91 00:04:55,533 --> 00:04:59,345 This is continued from June 18th, 2026. 92 00:05:00,245 --> 00:05:03,225 And it is Michael and Frannie Greenberg. 93 00:05:11,605 --> 00:05:14,865 Hi folks. Hello. How you doing? Okay, good. 94 00:05:14,865 --> 00:05:17,185 Alright, so you gave us quite a submittal here. 95 00:05:18,285 --> 00:05:21,945 You gave us time. Are you retired? 96 00:05:23,245 --> 00:05:26,385 Pardon Me? What? Are you retired? He's 97 00:05:27,125 --> 00:05:28,865 Not from rehab, but yes. 98 00:05:29,495 --> 00:05:32,585 Yeah, I I understood that the, the, the bunnies 99 00:05:32,585 --> 00:05:33,625 and stuff kept you busy. 100 00:05:34,215 --> 00:05:36,905 They do. It does. We also have three children, 101 00:05:37,085 --> 00:05:38,865 our youngest of whom is in marketing. 102 00:05:39,125 --> 00:05:41,585 So at times we reach out to our kids 103 00:05:41,645 --> 00:05:42,945 for help in one way or another. 104 00:05:43,085 --> 00:05:46,345 And we had a daughter help us put together this, 105 00:05:46,345 --> 00:05:49,905 which hopefully answers whatever questions we left you 106 00:05:49,905 --> 00:05:51,065 with at our last meeting. 107 00:05:53,295 --> 00:05:56,665 Well, this isn't something that we normally hear now, 108 00:05:57,305 --> 00:05:59,805 so we, we like to err on the site 109 00:05:59,805 --> 00:06:01,685 of caution. Is that all right? 110 00:06:02,425 --> 00:06:06,405 Yes, absolutely. Alright, so folks, 111 00:06:06,425 --> 00:06:10,325 you gave us a submittal and we've heard from the abutters 112 00:06:10,325 --> 00:06:12,285 and we've heard from others. 113 00:06:12,395 --> 00:06:15,965 Then the abutters, you know, let that slide through. 114 00:06:16,965 --> 00:06:18,645 A lot of them were favorable to you. 115 00:06:19,665 --> 00:06:23,445 And as is the case, you have an opportunity to rebut any 116 00:06:23,445 --> 00:06:25,965 of the testimony that was, that was spoken. 117 00:06:27,025 --> 00:06:30,445 So if you'd like, you can narrate with your pamphlet 118 00:06:30,445 --> 00:06:31,725 that you gave the board 119 00:06:31,745 --> 00:06:36,245 and anything else that you may want to share 120 00:06:36,245 --> 00:06:39,005 with us in your rebuttal, you have the floor, 121 00:06:41,705 --> 00:06:45,605 We can offer just a brief summary, which is the last page. 122 00:06:45,705 --> 00:06:48,365 If you have other questions about the packet, we're happy 123 00:06:48,365 --> 00:06:50,125 to go back over any or all of that 124 00:06:50,545 --> 00:06:53,645 and we can do the entire packet if you are 125 00:06:53,645 --> 00:06:54,885 happy to go through that. 126 00:06:55,545 --> 00:06:59,125 But we try to address those questions that you had for us. 127 00:07:00,665 --> 00:07:02,445 The sum would you like to do? 128 00:07:02,955 --> 00:07:05,445 Well, I was gonna say, what I would do is focus on 129 00:07:06,065 --> 00:07:09,965 if you can recall the, particularly the, 130 00:07:11,305 --> 00:07:14,405 the commentary that was in opposition of yourself 131 00:07:14,765 --> 00:07:18,205 because it is the, the applicant to prove their case. 132 00:07:19,105 --> 00:07:22,245 And so you have some, some 133 00:07:23,215 --> 00:07:25,325 objections there and I would try to cover that 134 00:07:25,705 --> 00:07:27,245 and see what you can do. 135 00:07:27,345 --> 00:07:29,605 You may develop questions from us back. 136 00:07:29,955 --> 00:07:34,325 Okay, very good. Well, first we wanted to make sure 137 00:07:34,395 --> 00:07:35,845 that you were comfortable knowing 138 00:07:36,075 --> 00:07:40,605 what a home-based wildlife rehabilitation center really is. 139 00:07:40,655 --> 00:07:43,365 There was some concerns that the animals would come 140 00:07:43,785 --> 00:07:46,125 and be on site for long periods of time. 141 00:07:46,785 --> 00:07:49,605 The animals that come to us, in fact come 142 00:07:49,605 --> 00:07:51,165 for temporary medical care. 143 00:07:51,865 --> 00:07:54,165 The animals we see are not all 144 00:07:55,065 --> 00:07:57,205 onsite at one particular time. 145 00:07:57,985 --> 00:08:00,525 We did include for you pictures 146 00:08:00,585 --> 00:08:02,765 of the current property that we live on. 147 00:08:02,835 --> 00:08:04,125 It's our home. And 148 00:08:04,125 --> 00:08:08,765 after 11 years, we wanted you to see what it looks like. 149 00:08:08,945 --> 00:08:12,125 We fully expect that a, a dairy property, 150 00:08:12,415 --> 00:08:16,085 everything would primarily be with indoors. 151 00:08:17,005 --> 00:08:19,485 Anything that would happen would not be in front 152 00:08:19,485 --> 00:08:21,805 of the property close to the house. 153 00:08:21,905 --> 00:08:25,845 But we wanted to include that there was some concerns 154 00:08:26,465 --> 00:08:29,325 and we wanted to address the licensing. 155 00:08:29,505 --> 00:08:32,685 We are licensed by both New Hampshire Fish 156 00:08:32,685 --> 00:08:35,245 and Game, also the USDA. 157 00:08:35,425 --> 00:08:37,845 And so we've included those specifically 158 00:08:38,065 --> 00:08:42,005 how does one become licensed and what that means. 159 00:08:42,145 --> 00:08:45,845 We can, I'll give you specifics if you'd like to know. 160 00:08:46,305 --> 00:08:47,565 Yes, please. Okay. 161 00:08:47,655 --> 00:08:50,005 Thank you. For fish 162 00:08:50,005 --> 00:08:53,205 and game, if you are interested in becoming a wildlife 163 00:08:53,205 --> 00:08:55,445 rehabilitator under current Law 164 00:08:55,505 --> 00:09:00,085 and regs, you do 200 hours of work 165 00:09:00,235 --> 00:09:03,205 with a current class two rehabilitator. 166 00:09:03,435 --> 00:09:07,205 That would be myself or any of the others around the state. 167 00:09:07,615 --> 00:09:10,725 After 200 hours you find a veterinarian willing 168 00:09:10,725 --> 00:09:11,725 to sponsor you 169 00:09:12,345 --> 00:09:16,085 and you submit something that proves 170 00:09:16,085 --> 00:09:17,365 that you have done that work. 171 00:09:18,035 --> 00:09:22,405 Typically, your class two sponsor is willing 172 00:09:22,405 --> 00:09:23,725 to work with you beyond that. 173 00:09:24,065 --> 00:09:26,845 So that is the first means of having a license. 174 00:09:27,585 --> 00:09:29,845 We also hold a license to exhibit. 175 00:09:30,315 --> 00:09:33,925 That means if we do as be as we mentioned last time, 176 00:09:34,065 --> 00:09:37,245 if we want or have the time to go to 177 00:09:38,045 --> 00:09:39,085 a Girl Scout program 178 00:09:39,505 --> 00:09:42,845 or a rotary meeting, we have the license 179 00:09:43,185 --> 00:09:46,365 to take a non releasable animal offsite. 180 00:09:47,035 --> 00:09:50,125 When you do that, you also need to be licensed 181 00:09:50,225 --> 00:09:52,165 by the USDA, which we have. 182 00:09:52,625 --> 00:09:57,485 The regulations are that we are 100% 183 00:09:58,945 --> 00:10:01,005 Animal Welfare Act compliant. 184 00:10:01,505 --> 00:10:05,525 We have a formal veterinary care on file. 185 00:10:06,025 --> 00:10:08,485 We get unannounced inspections 186 00:10:08,865 --> 00:10:11,965 and we need to provide precise record keeping. 187 00:10:12,585 --> 00:10:15,605 So we hold three licenses to do what we're doing. 188 00:10:17,805 --> 00:10:20,085 I know there was some question about noise. 189 00:10:21,645 --> 00:10:25,245 Probably if, if you live near anyone 190 00:10:25,265 --> 00:10:28,845 or maybe you even yourself own a dog, you know, 191 00:10:28,845 --> 00:10:30,605 they can sometimes be quite loud. 192 00:10:31,565 --> 00:10:35,325 Wildlife patients typically are less than 20 decibels 193 00:10:35,655 --> 00:10:38,085 where a barking dog is 80 to a hundred. 194 00:10:38,715 --> 00:10:41,205 Your lawnmower 85 to 90, 195 00:10:41,675 --> 00:10:45,925 your rooster 90 plus your horse, 80 to 100. 196 00:10:46,705 --> 00:10:48,565 By nature, an injured 197 00:10:49,555 --> 00:10:51,725 wild animal is gonna be quiet. 198 00:10:51,795 --> 00:10:53,645 They don't want you to know they're there. 199 00:10:54,315 --> 00:10:58,245 Even if they're in pain, they are not making a lot of noise. 200 00:10:59,065 --> 00:11:02,685 So, as I mentioned, our most common patient 201 00:11:03,985 --> 00:11:06,165 is an eastern cottontail rabbit. 202 00:11:06,535 --> 00:11:09,565 Their volume is approximately 20 decibels. 203 00:11:11,385 --> 00:11:13,885 We wanted to mention release of animals as 204 00:11:13,885 --> 00:11:15,205 that was a concern. 205 00:11:15,865 --> 00:11:18,965 We are not allowed to release wherever we would like. 206 00:11:19,105 --> 00:11:21,565 We need permission from either a homeowner, 207 00:11:21,625 --> 00:11:24,765 if someone would like an A possum in their yard, 208 00:11:24,985 --> 00:11:27,445 we can check out the site, which we do. 209 00:11:27,505 --> 00:11:30,205 We have to make sure it's safe for the animal. 210 00:11:31,025 --> 00:11:33,045 But we do not just drive around 211 00:11:33,265 --> 00:11:36,165 and randomly pick sites where we work 212 00:11:36,195 --> 00:11:37,565 with New Hampshire Fish 213 00:11:37,565 --> 00:11:41,565 and Game to have pre-approved locations for these animals 214 00:11:42,265 --> 00:11:44,765 and make sure that they're safe when we do so. 215 00:11:45,795 --> 00:11:50,005 76 Shani Road is not considered a release site for 216 00:11:50,225 --> 00:11:54,245 for animals staffing. 217 00:11:54,325 --> 00:11:55,645 I know there was some concern, 218 00:11:55,795 --> 00:11:57,565 what if someone wasn't on site 219 00:11:57,625 --> 00:11:59,165 and an animal might need care? 220 00:12:00,305 --> 00:12:03,605 We wanna let you know that home-based 221 00:12:04,485 --> 00:12:06,925 wildlife rehabilitators are 222 00:12:07,395 --> 00:12:09,405 what happens in the state of New Hampshire. 223 00:12:10,055 --> 00:12:11,565 There is not a mandate 224 00:12:12,115 --> 00:12:15,085 requiring 24 7 in your home. 225 00:12:15,665 --> 00:12:19,445 People work full time, they have animals, they work 226 00:12:19,875 --> 00:12:23,685 with fish and game to make sure that those animals are safe 227 00:12:24,225 --> 00:12:27,965 and if they need to leave the property, it's 228 00:12:28,635 --> 00:12:32,205 done in a fashion that those animals are cared for 229 00:12:32,825 --> 00:12:36,085 or left during a time they do not need to be fed. 230 00:12:38,225 --> 00:12:42,605 Our nonprofit status is something that 231 00:12:43,585 --> 00:12:47,565 it, it operates exclusively for exempt purposes 232 00:12:47,745 --> 00:12:49,925 and we are a 5 0 1 C3. 233 00:12:51,385 --> 00:12:54,765 So the concern about being a commercial property, 234 00:12:55,945 --> 00:13:00,045 our nonprofit status would automatically 235 00:13:01,055 --> 00:13:04,725 prove that this is not for a commercial use. 236 00:13:05,425 --> 00:13:09,125 We are not a business, we're not selling animals, we are not 237 00:13:09,995 --> 00:13:12,285 selling any other product 238 00:13:15,905 --> 00:13:17,925 as far as the rental goes 239 00:13:18,315 --> 00:13:22,205 because this property is owned by the Greenberg 240 00:13:23,105 --> 00:13:26,285 family as and not the nonprofit. 241 00:13:26,955 --> 00:13:29,565 Just as if you would like to rent your own home, 242 00:13:29,795 --> 00:13:31,845 that doesn't change the zoning of it. 243 00:13:32,305 --> 00:13:34,525 So the plan would be, as we had mentioned 244 00:13:34,525 --> 00:13:38,245 before, to have somebody on site to have to have renters 245 00:13:38,865 --> 00:13:42,765 and it is, it would be residential in nature of that home. 246 00:13:43,545 --> 00:13:48,165 And the rental agreement would serve strictly as, 247 00:13:48,825 --> 00:13:51,885 as a standard residential occupancy 248 00:13:52,305 --> 00:13:54,845 and would not violate zoning provisions 249 00:13:55,075 --> 00:13:57,405 regarding non-commercial districts. 250 00:13:58,745 --> 00:14:02,845 We were asked about vehicle traffic, 251 00:14:03,235 --> 00:14:05,085 both minimal and seasonal. 252 00:14:05,875 --> 00:14:09,085 What we did was we took a year's worth of intakes 253 00:14:09,625 --> 00:14:13,405 to determine how many cars on any given day might 254 00:14:13,405 --> 00:14:14,885 appear on our doorstep. 255 00:14:15,545 --> 00:14:18,445 If we get 13 possums brought to us, 256 00:14:18,795 --> 00:14:22,125 they don't come in 13 cars necessarily. 257 00:14:22,355 --> 00:14:26,805 They come, someone finds a mom that's passed with 13 babies. 258 00:14:27,545 --> 00:14:31,765 So close to 1500 animals are brought 259 00:14:31,785 --> 00:14:34,685 to us in far fewer vehicles with an average 260 00:14:34,905 --> 00:14:37,285 of being about three vehicles a day 261 00:14:38,025 --> 00:14:40,645 for the general public dropping off an animal. 262 00:14:41,225 --> 00:14:43,005 Out of curiosity, what we did 263 00:14:43,005 --> 00:14:45,965 after we left here, we also looked to see 264 00:14:46,145 --> 00:14:49,925 how long does it take someone to say, 265 00:14:49,925 --> 00:14:51,365 here I'm here in the yard. 266 00:14:51,745 --> 00:14:54,205 We get a text to being helped. 267 00:14:54,545 --> 00:14:55,845 And for them to turn around 268 00:14:55,845 --> 00:14:58,285 and leave that time may be four minutes. 269 00:14:58,745 --> 00:15:01,245 If they're chatty and they have a couple questions, 270 00:15:01,385 --> 00:15:03,925 it may be a little longer, maybe a seven or eight minutes. 271 00:15:04,665 --> 00:15:06,565 So if you think about the last time you went 272 00:15:06,565 --> 00:15:07,725 to Dunkin Donuts 273 00:15:07,785 --> 00:15:10,445 and tried to get your coffee, you know it's, 274 00:15:10,635 --> 00:15:12,205 it's not a long period of time. 275 00:15:12,335 --> 00:15:15,765 We're not inviting people to come in to sit down. 276 00:15:16,345 --> 00:15:19,525 We are not doing tours, people are not allowed 277 00:15:19,525 --> 00:15:20,525 to see the animals. 278 00:15:20,755 --> 00:15:24,045 It's a quick service. We need to get those animals care. 279 00:15:24,785 --> 00:15:28,365 So vehicle traffic was addressed here in our bar graph 280 00:15:29,465 --> 00:15:32,445 as well as vehicle capacity of the yard. 281 00:15:33,465 --> 00:15:37,045 Now we, with an engineer's help of measuring 282 00:15:37,625 --> 00:15:40,965 and considering 283 00:15:40,985 --> 00:15:42,645 how big your average vehicle was. 284 00:15:42,915 --> 00:15:44,645 This was measured to the vehicle. 285 00:15:44,745 --> 00:15:48,645 The vehicle we drive, which is a Jeep Cherokee, 286 00:15:49,555 --> 00:15:53,485 nine vehicles fit in this driveway comfortably. 287 00:15:53,855 --> 00:15:56,525 Could you fit more probably if you got 288 00:15:56,525 --> 00:15:57,765 them squeezing in there. 289 00:15:57,785 --> 00:16:00,525 But the diagram will show you the buildings 290 00:16:00,825 --> 00:16:03,045 and how nine cars would fit. 291 00:16:03,325 --> 00:16:07,205 Although we don't have nine cars, 40 volunteers 292 00:16:08,315 --> 00:16:12,165 come throughout the day, the week, the year. 293 00:16:12,305 --> 00:16:16,525 We do not have 40 people on site off season. 294 00:16:16,945 --> 00:16:19,445 We have one volunteer in the morning, one in the afternoon 295 00:16:19,625 --> 00:16:21,125 during our busy season. 296 00:16:21,625 --> 00:16:24,765 We might have four there during a shift, 297 00:16:25,305 --> 00:16:27,005 but that's four cars. 298 00:16:27,265 --> 00:16:30,485 We do have some husband and wife teams they drive together. 299 00:16:31,065 --> 00:16:33,285 So nine would be ample. 300 00:16:34,745 --> 00:16:38,285 We have of course included a few photos for you of some 301 00:16:38,285 --> 00:16:43,005 of our, our animals, which was just for the fun 302 00:16:43,145 --> 00:16:46,565 of doing it and end in a summary 303 00:16:47,025 --> 00:16:50,285 and we're happy to answer further questions 304 00:16:50,285 --> 00:16:51,285 that we didn't address 305 00:16:51,585 --> 00:16:56,365 but from our last meeting wanted to assure you 306 00:16:56,365 --> 00:16:59,645 that these things have been thought through 307 00:17:00,475 --> 00:17:02,085 that we are already doing this. 308 00:17:02,815 --> 00:17:05,605 Maybe some of you drove by our current property to see 309 00:17:05,605 --> 00:17:07,525 where we are in in Wyndham 310 00:17:08,105 --> 00:17:12,405 and we are happy now to take your questions. Mr. 311 00:17:12,515 --> 00:17:17,505 Trip, I was interested when you said do 312 00:17:17,505 --> 00:17:19,105 you, you do some exhibitions 313 00:17:19,965 --> 00:17:23,865 and then you said that you only do this 314 00:17:23,935 --> 00:17:26,305 with non releasable animals. 315 00:17:26,795 --> 00:17:29,985 Could you explain what a non releasable animal is? 316 00:17:30,985 --> 00:17:32,865 A non releasable animal is one 317 00:17:32,865 --> 00:17:35,065 that would not survive on its own in the wild, 318 00:17:35,725 --> 00:17:38,305 but one that could remain in captivity 319 00:17:38,485 --> 00:17:41,105 for educational purposes without it being 320 00:17:41,465 --> 00:17:42,505 stressful for that animal. 321 00:17:43,375 --> 00:17:45,945 Typically that would be an A possum. 322 00:17:46,535 --> 00:17:50,125 Possums are short-lived, but they're calm animals. 323 00:17:50,705 --> 00:17:51,885 We, when we use them, 324 00:17:52,345 --> 00:17:54,765 the general public is not allowed to touch them. 325 00:17:55,705 --> 00:17:58,645 We can use them for educational purposes. 326 00:17:58,835 --> 00:18:01,925 Talk about the natural history of an A possum, the benefit 327 00:18:01,985 --> 00:18:05,365 of having possums and coexisting with possums, 328 00:18:05,625 --> 00:18:06,885 but it means it's an animal 329 00:18:06,885 --> 00:18:09,205 that would not survive on its own 330 00:18:10,065 --> 00:18:11,965 and it's with us not suffering. 331 00:18:12,625 --> 00:18:16,405 And that's determined through veterinary care and clearing. 332 00:18:16,905 --> 00:18:20,445 And then that's where the USDA becomes involved. 333 00:18:20,595 --> 00:18:25,485 They too check their caging and their overall wellbeing. 334 00:18:26,745 --> 00:18:30,645 So, so the releasable animals are the animals that came, 335 00:18:31,115 --> 00:18:36,045 come in for treatment and then like you said, release. 336 00:18:36,345 --> 00:18:38,405 Yes, exactly. The non releasable are animals 337 00:18:38,475 --> 00:18:40,885 that I imagine came in for treatment 338 00:18:41,265 --> 00:18:45,885 and you determined that they were non releasable 339 00:18:45,985 --> 00:18:47,405 so you keep them. 340 00:18:47,785 --> 00:18:50,445 Yes. So I guess the question now is how many 341 00:18:51,865 --> 00:18:54,765 non releasable animals do you typically have? 342 00:18:56,635 --> 00:18:58,485 There's, I don't know if there's a typical 343 00:18:59,135 --> 00:19:03,485 right now we have four. 344 00:19:04,195 --> 00:19:08,125 Four. Alright, so the, I have another question if I might. 345 00:19:08,905 --> 00:19:10,485 The, I was 346 00:19:12,375 --> 00:19:17,165 interested in you, you being able to operate two sites 347 00:19:18,225 --> 00:19:22,405 and so I contacted Colonel Jordan, 348 00:19:23,225 --> 00:19:26,565 you know, and ask him specifically, you know, would, 349 00:19:26,565 --> 00:19:28,845 would you be able to have two sites? 350 00:19:28,865 --> 00:19:32,445 And he says absolutely, you know, he was, 351 00:19:32,465 --> 00:19:34,925 he think he spoke very highly of you 352 00:19:35,465 --> 00:19:38,245 and you know, 353 00:19:38,305 --> 00:19:40,525 but like I said, it was, it was a, a thing 354 00:19:40,525 --> 00:19:42,445 that I was interested in. 355 00:19:42,905 --> 00:19:47,125 You know, could you actually hold two licenses 356 00:19:47,265 --> 00:19:50,565 or actually you had actually you only have one license 357 00:19:50,745 --> 00:19:52,765 but you have two sites, you know, 358 00:19:52,765 --> 00:19:57,045 because your name is on is the only person correct license. 359 00:19:57,395 --> 00:20:01,205 Correct. Well I, 360 00:20:01,325 --> 00:20:03,125 I wish I would've done a little more research 361 00:20:04,485 --> 00:20:06,485 before you showed up last time, you know, 362 00:20:07,185 --> 00:20:11,085 but I think it was suitable that, that we 363 00:20:11,695 --> 00:20:15,325 asked you to come back because you know, we weren't 364 00:20:15,915 --> 00:20:20,205 that educated on what you do, 365 00:20:21,105 --> 00:20:23,085 you know, and what, what the rules are. 366 00:20:23,745 --> 00:20:26,005 So thank you for coming back. You're 367 00:20:26,005 --> 00:20:27,005 Very welcome. 368 00:20:28,145 --> 00:20:31,925 Ms. Moore. Mine are more clerical. 369 00:20:32,505 --> 00:20:35,805 Are you comfortable with having the stipulation on 370 00:20:37,145 --> 00:20:40,445 the variance that you keep 76 Genito Road 371 00:20:40,585 --> 00:20:42,085 as not a release site? 372 00:20:43,025 --> 00:20:44,685 We are. And then also, 373 00:20:45,805 --> 00:20:47,765 I don't know if it would be put on it, 374 00:20:47,865 --> 00:20:49,765 it depends on the other four. 375 00:20:50,305 --> 00:20:51,805 But would you be comfortable 376 00:20:51,875 --> 00:20:55,805 with keeping your nonprofit status current 377 00:20:56,065 --> 00:20:59,805 and stay in compliance with USDA and fish and game? 378 00:21:00,385 --> 00:21:02,165 We would, yes. Thank you. 379 00:21:03,765 --> 00:21:05,565 Anything else? No, Mr. Donlin? 380 00:21:06,325 --> 00:21:08,685 Yeah, just kind of jumping onto what Mr. 381 00:21:08,695 --> 00:21:11,525 Tripp was asking, is there, just outta curiosity, 382 00:21:11,705 --> 00:21:15,845 is there some sort of a limit by one of your licenses, USDA 383 00:21:15,845 --> 00:21:17,845 or otherwise that regulates the amount 384 00:21:17,845 --> 00:21:20,605 of non-lease animals you are permitted 385 00:21:20,605 --> 00:21:21,805 to have at once? Yes. 386 00:21:22,325 --> 00:21:26,725 USDA says that the license I have would allow us 387 00:21:26,725 --> 00:21:29,645 to have up to 50 non releaseable animals. 388 00:21:30,545 --> 00:21:32,965 One five or 5 0 5 0. Five 389 00:21:32,965 --> 00:21:33,965 Zero. 390 00:21:33,965 --> 00:21:37,365 Okay. And then just to reiterate, I believe this was said, 391 00:21:37,365 --> 00:21:39,565 but just 'cause it's in keeping what this conversation, 392 00:21:39,615 --> 00:21:43,525 those animals you're only allowed to take out, right? 393 00:21:43,525 --> 00:21:44,965 Nobody's allowed to come in, 394 00:21:45,025 --> 00:21:46,605 No one comes to us. That's correct. 395 00:21:47,135 --> 00:21:49,885 Thank you. Now, Mr. Diesel. 396 00:21:54,075 --> 00:21:58,995 Thank you Mr. Chair. Regarding 397 00:21:58,995 --> 00:22:03,835 the fifth criter in the hardship criterion, what are some 398 00:22:03,835 --> 00:22:06,235 of the special conditions of this piece of property 399 00:22:07,505 --> 00:22:10,475 that distinguish it from the other properties in the area 400 00:22:11,575 --> 00:22:13,635 and how does that affect your ability 401 00:22:13,655 --> 00:22:15,835 to do business one way or the other? 402 00:22:16,195 --> 00:22:17,515 Positive, negative. Well, 403 00:22:17,515 --> 00:22:19,275 The key, one of the key aspects 404 00:22:19,275 --> 00:22:21,155 of the property is the outbuildings. 405 00:22:21,875 --> 00:22:23,115 There are several outbuildings. 406 00:22:24,585 --> 00:22:27,635 Home base rehab, 90% plus is indoors. 407 00:22:28,455 --> 00:22:31,075 So having space that is not in the residential area, 408 00:22:31,705 --> 00:22:35,395 that allows for free movement of volunteers 409 00:22:35,895 --> 00:22:37,235 to go to those buildings. 410 00:22:37,455 --> 00:22:38,595 As you've seen on the property, 411 00:22:38,595 --> 00:22:41,835 there are three substantial outbuildings providing 412 00:22:41,835 --> 00:22:43,275 for storage of materials. 413 00:22:43,735 --> 00:22:46,755 The animals come in, many are very tiny, 414 00:22:46,755 --> 00:22:48,675 they're in incubators, they go to cages, 415 00:22:48,905 --> 00:22:50,235 varying stages of cages. 416 00:22:50,235 --> 00:22:53,675 So there's a lot of material involved in the process. 417 00:22:54,535 --> 00:22:57,555 The outbuildings here provide ability 418 00:22:57,655 --> 00:22:59,035 to store things on site 419 00:22:59,855 --> 00:23:01,595 and address the animals that are close by. 420 00:23:01,975 --> 00:23:05,515 So the outbuildings were the primary asset of the property. 421 00:23:06,025 --> 00:23:07,755 That and the fact that it is, you know, 422 00:23:08,995 --> 00:23:10,595 although it's frontages on the main road, 423 00:23:11,135 --> 00:23:13,755 the property extends all the way back to a very quiet area. 424 00:23:14,335 --> 00:23:17,275 So I think, you know, the property itself, 425 00:23:18,375 --> 00:23:19,915 the residential area is a bonus. 426 00:23:21,375 --> 00:23:22,995 The primary outbuildings were 427 00:23:23,535 --> 00:23:26,475 really the significant driver in, you know, how would this 428 00:23:27,135 --> 00:23:29,435 be utilized by a homebased rehab. 429 00:23:29,735 --> 00:23:34,035 It allows for, you know, very ease of access, ease 430 00:23:34,035 --> 00:23:37,595 of ability to handle all the requirements 431 00:23:37,655 --> 00:23:38,995 of a home-based rehab center 432 00:23:39,775 --> 00:23:42,315 all in one site rather than in my garage. 433 00:23:43,105 --> 00:23:47,525 Okay. Thank you. So you're, you're, you believe 434 00:23:47,525 --> 00:23:48,925 that this particular property, 435 00:23:49,965 --> 00:23:52,725 because of its special conditions, actually makes it 436 00:23:53,595 --> 00:23:57,685 conducive to doing what you want to do, is to pose 437 00:23:58,065 --> 00:24:02,925 as opposed to your neighbor, which might be less desirable 438 00:24:03,845 --> 00:24:05,365 location because of the building? 439 00:24:05,365 --> 00:24:07,645 Correct? Yeah. Okay. Thank you Mr. Chair. 440 00:24:08,565 --> 00:24:11,565 Anything else? No, thank you. You re you in indicated 441 00:24:11,565 --> 00:24:13,605 three licenses that you have the USDA 442 00:24:14,585 --> 00:24:16,565 and the through fish and game. What was the third 443 00:24:17,465 --> 00:24:18,465 Two are? 444 00:24:18,465 --> 00:24:20,845 Through New Hampshire Fish and Game. Oh, I see. 445 00:24:20,845 --> 00:24:22,165 There's the REHABILITATOR license. 446 00:24:22,925 --> 00:24:25,605 I hold an exhibitor license through Fish 447 00:24:25,605 --> 00:24:26,925 and Game and the USDA. 448 00:24:26,925 --> 00:24:28,685 So two, two categories with fish and game, correct. 449 00:24:28,745 --> 00:24:30,765 And one through the USDA? Correct. Okay. Correct. Got it. 450 00:24:33,585 --> 00:24:36,645 All right. I think someone addressed concerns 451 00:24:36,785 --> 00:24:38,245 and I think more so because of 452 00:24:38,765 --> 00:24:43,245 facility down the road from you about any contamination 453 00:24:43,425 --> 00:24:47,365 of water that could occur outside of your, 454 00:24:47,505 --> 00:24:48,805 do the domicile. 455 00:24:49,865 --> 00:24:52,845 And I do see that you have a photo here with a stream in it. 456 00:24:52,905 --> 00:24:53,965 But I I'm thinking 457 00:24:53,965 --> 00:24:57,045 that's from the millstone address? Yeah. Or is it from 458 00:24:57,045 --> 00:24:58,685 This The pictures are millstone, yes. 459 00:24:59,005 --> 00:25:01,165 Although we don't have a stream on the property, 460 00:25:01,505 --> 00:25:05,205 it may just look that way from the black and white image. 461 00:25:05,305 --> 00:25:08,045 Oh no, now I see what you're looking at. Yeah. 462 00:25:08,225 --> 00:25:11,805 So that's an semi-aquatic enclosure that 463 00:25:12,585 --> 00:25:16,165 houses currently three mink that are in our care. 464 00:25:16,475 --> 00:25:19,085 Okay, so that's not a, not a stream. 465 00:25:19,515 --> 00:25:21,965 It's contained, it's filtered, 466 00:25:22,625 --> 00:25:25,005 it flows within that enclosure. 467 00:25:25,955 --> 00:25:29,565 Okay. So there's no risk of public contamination 468 00:25:29,625 --> 00:25:31,205 or water runoff that, you know, 469 00:25:31,525 --> 00:25:33,205 contaminated water runoff, anything like that? Correct. 470 00:25:33,205 --> 00:25:34,245 There is not. Okay. 471 00:25:34,875 --> 00:25:36,805 Alright. I have no further questions. 472 00:25:36,895 --> 00:25:38,045 We've heard from the public 473 00:25:38,425 --> 00:25:41,685 and we heard from the public in the hearing prior 474 00:25:43,105 --> 00:25:46,685 and we extended the courtesy to people 475 00:25:46,785 --> 00:25:48,925 who are not direct abutters to this parcel 476 00:25:50,115 --> 00:25:52,885 that typically do not have standing to this, 477 00:25:53,185 --> 00:25:54,245 to this location. 478 00:25:56,625 --> 00:25:59,805 Ms. Owen, we did get staff report from you. Am I correct? 479 00:26:00,025 --> 00:26:02,565 We did correct. Okay. Anything else that you think we need 480 00:26:02,565 --> 00:26:04,605 to know that may have occurred in the last few weeks? 481 00:26:05,345 --> 00:26:06,925 No new information. I just wanted 482 00:26:06,925 --> 00:26:09,205 to mention a reminder when structuring the motion 483 00:26:09,315 --> 00:26:10,885 that a planning board site plan 484 00:26:11,925 --> 00:26:13,125 determination is recommended. 485 00:26:13,635 --> 00:26:15,905 Okay. All right. 486 00:26:20,465 --> 00:26:24,365 Got it. Alright. Okay. Anybody else have any questions? 487 00:26:24,465 --> 00:26:27,325 Mr. Henry? You all set? I'm all set. 488 00:26:27,345 --> 00:26:28,765 And Mr. Dani, anything from you? 489 00:26:29,665 --> 00:26:31,565 No, sir. All right. 490 00:26:31,565 --> 00:26:34,885 Well that being said, we can take a motion 491 00:26:34,945 --> 00:26:37,725 to go into deliberation if you folks are all set. 492 00:26:37,985 --> 00:26:42,285 Yes. So move second. Alright, Mr. Tripp makes a motion. 493 00:26:42,465 --> 00:26:44,565 And Mr. Donlin seconds all in favor 494 00:26:44,625 --> 00:26:46,085 of deliberation, say aye. 495 00:26:46,265 --> 00:26:48,885 Aye. Aye. And the opposed. All right. 496 00:26:48,885 --> 00:26:53,005 Anybody wish to lead off Mr. Dietzel? 497 00:26:54,315 --> 00:26:54,605 Well, 498 00:26:59,485 --> 00:27:02,765 I listened to what the, the Abutter had to say 499 00:27:02,765 --> 00:27:05,805 and she read an emotional letter from, 500 00:27:06,515 --> 00:27:09,085 from the former owner's daughter, I believe. 501 00:27:09,385 --> 00:27:12,885 And it was moving and, 502 00:27:14,585 --> 00:27:19,445 but I think many of her concerns were 503 00:27:20,435 --> 00:27:25,205 addressed by the applicants in their written response. 504 00:27:25,505 --> 00:27:26,925 And, and here tonight, 505 00:27:28,665 --> 00:27:32,205 and I'm, I'm hoping that, that, 506 00:27:32,235 --> 00:27:35,165 that she'll feel satisfied that the, the historic nature 507 00:27:35,165 --> 00:27:37,085 of this property will be continued. 508 00:27:40,785 --> 00:27:44,485 My, my problem, of course, as always is the, 509 00:27:44,505 --> 00:27:45,965 the hardship criterion. 510 00:27:46,625 --> 00:27:48,885 And I reread the statute 511 00:27:49,705 --> 00:27:51,965 and I re-read the, the notes. 512 00:27:52,185 --> 00:27:53,885 And here 513 00:27:56,425 --> 00:28:00,885 and under five 514 00:28:01,525 --> 00:28:04,285 A it says, for purposes 515 00:28:04,285 --> 00:28:08,405 of this subparagraph unnecessary hardship means 516 00:28:08,435 --> 00:28:11,765 that owing to special conditions of the property 517 00:28:12,035 --> 00:28:15,765 that distinguish it from the other properties in this, 518 00:28:16,225 --> 00:28:21,045 in the area, no fair and substantial relationship exists. 519 00:28:23,305 --> 00:28:26,005 It doesn't say whether those conditions are 520 00:28:26,565 --> 00:28:29,005 positive conditions, which make it more, 521 00:28:29,905 --> 00:28:34,205 as they stated earlier, conducive 522 00:28:34,505 --> 00:28:36,405 to use versus less. 523 00:28:36,865 --> 00:28:38,925 It just says whether it's distinguished 524 00:28:39,795 --> 00:28:41,045 from other properties. 525 00:28:41,985 --> 00:28:46,525 And I, I think for me, that's what that is, 526 00:28:46,555 --> 00:28:50,245 what makes this pass the hardship test 527 00:28:50,675 --> 00:28:54,645 because I think the other four criteria are met. 528 00:28:54,885 --> 00:28:58,445 I don't see any relationship to 529 00:28:59,745 --> 00:29:01,685 values and, and all the other ones. 530 00:29:01,745 --> 00:29:03,525 And so I don't think there's a, a, 531 00:29:05,605 --> 00:29:09,845 a substantial relationship between, between the purpose 532 00:29:09,865 --> 00:29:11,005 of the ordinance in this. 533 00:29:11,425 --> 00:29:13,885 And the second part is, is it reasonable? 534 00:29:14,025 --> 00:29:16,645 And I, I think the applicants have demonstrated 535 00:29:16,705 --> 00:29:18,325 to my satisfaction that this is 536 00:29:18,925 --> 00:29:21,685 a reasonable use of the property. Thank you, Mr. Chair. 537 00:29:21,685 --> 00:29:22,805 You're welcome. Anything else? 538 00:29:23,945 --> 00:29:25,005 No, thank you Mr. Don. 539 00:29:26,325 --> 00:29:29,765 Yeah, I, I believe that, just jumping on to the, 540 00:29:30,225 --> 00:29:32,565 the taking care of the home and the character. 541 00:29:32,685 --> 00:29:36,605 I, I, I would say that it's in their best interest 542 00:29:36,665 --> 00:29:38,765 to keep the house in functioning order. 543 00:29:38,905 --> 00:29:41,605 So I don't see that as a, as a problem. 544 00:29:41,985 --> 00:29:46,925 And certainly the, the pride they're taking in a, 545 00:29:47,025 --> 00:29:51,365 in a voluntary role, I'll say shows 546 00:29:51,395 --> 00:29:54,845 that they have a lot of respect for 547 00:29:56,275 --> 00:30:00,085 life and property as without overstating it. 548 00:30:00,345 --> 00:30:04,805 And I believe one of the other concerns I, going back 549 00:30:04,805 --> 00:30:09,485 to the animals only being able to be taken out as far as 550 00:30:10,045 --> 00:30:11,525 exhibits and stuff are concerned. 551 00:30:11,565 --> 00:30:13,045 I believe one of the other things one 552 00:30:13,045 --> 00:30:14,725 of the neighbors brought up with, they didn't want it 553 00:30:14,725 --> 00:30:15,925 to turn into a petting zoo. 554 00:30:15,925 --> 00:30:18,045 So I believe that's been resolved as well. 555 00:30:19,755 --> 00:30:21,285 Okay. Mr. Trip, 556 00:30:25,675 --> 00:30:26,675 As Mr. 557 00:30:26,675 --> 00:30:28,895 Donlin said, you know, the, and, 558 00:30:28,915 --> 00:30:32,215 and as you had mentioned, you know, there, there is a 559 00:30:32,915 --> 00:30:37,295 animal sanctuary on this same street that is, 560 00:30:39,875 --> 00:30:44,535 is being operated kind 561 00:30:44,535 --> 00:30:48,175 of sketchy, sketchy, you know, I believe what the, 562 00:30:50,195 --> 00:30:53,895 the applicant is asking to do is well thought out, 563 00:30:54,525 --> 00:30:58,455 well planned meets the 564 00:31:00,655 --> 00:31:02,145 requirement that it's not a, 565 00:31:07,495 --> 00:31:11,725 a detriment to the, you know, public. 566 00:31:13,325 --> 00:31:17,925 I, I think that the, 567 00:31:18,065 --> 00:31:22,165 the two weeks we had to research the, the legal side 568 00:31:22,185 --> 00:31:25,205 of everything were well spent, you know, 569 00:31:25,825 --> 00:31:27,805 and the applicant also 570 00:31:28,085 --> 00:31:29,845 provided a bunch of information that, you know, 571 00:31:29,845 --> 00:31:34,405 was not presented at the previous hearing. 572 00:31:35,385 --> 00:31:39,825 So I think it, it's 573 00:31:41,655 --> 00:31:45,025 something that dairy can be proud of. 574 00:31:47,775 --> 00:31:49,705 Okay. Ms. Moore? 575 00:31:50,945 --> 00:31:53,425 I agree with Mr. Dietzel. 576 00:31:53,785 --> 00:31:58,025 I had researched the listing so I could get a better idea 577 00:31:58,025 --> 00:32:01,385 of the house and the property and it's beautiful. 578 00:32:01,775 --> 00:32:04,105 There's no question asked whatsoever. 579 00:32:05,125 --> 00:32:07,905 And I agree that those buildings are gonna be used 580 00:32:08,085 --> 00:32:09,985 for something they need to be, 581 00:32:10,325 --> 00:32:14,865 and as a mom of five adult kids, it just screamed a DU 582 00:32:15,045 --> 00:32:16,705 and compounded 583 00:32:16,705 --> 00:32:18,305 and it just, 584 00:32:18,825 --> 00:32:22,465 I think the direction they're going in is better suited than 585 00:32:22,735 --> 00:32:23,825 what it could go in. 586 00:32:25,175 --> 00:32:28,865 Okay. Is that it? Yeah. I think Mr. 587 00:32:29,455 --> 00:32:32,545 Dietzel narrates through one of the key points 588 00:32:32,605 --> 00:32:35,945 of the five criteria and what I all, 589 00:32:36,165 --> 00:32:40,965 but what I find is that often as we are an evolving 590 00:32:41,955 --> 00:32:46,445 society, and there's often things that when planning 591 00:32:46,865 --> 00:32:48,285 and legislation 592 00:32:48,665 --> 00:32:51,045 and executive approval 593 00:32:52,405 --> 00:32:55,005 construct things like in the case of all government, 594 00:32:55,035 --> 00:32:57,605 sometimes things get lost through the cracks. 595 00:32:57,785 --> 00:33:01,685 And I think the fact that this is a licensure 596 00:33:04,625 --> 00:33:07,445 use and it's probably not one 597 00:33:07,475 --> 00:33:10,165 that when we were working on the legislative 598 00:33:10,165 --> 00:33:12,485 and executive process was even thought of. 599 00:33:13,125 --> 00:33:16,965 I think that that brings us back to is, 600 00:33:17,665 --> 00:33:19,485 is the use unreasonable? 601 00:33:20,185 --> 00:33:23,445 And to me this is because it protects the public, 602 00:33:23,445 --> 00:33:25,765 because it protects the, the critters. 603 00:33:27,385 --> 00:33:30,685 It is one that is a contact address and 604 00:33:30,685 --> 00:33:33,485 therefore needs, needs this approval, 605 00:33:34,185 --> 00:33:38,125 but does not stipulate that that there is 606 00:33:39,385 --> 00:33:43,565 in reflection of a use that's not really recognized, 607 00:33:44,185 --> 00:33:48,725 but does not impact the public negatively, I think is a use 608 00:33:49,195 --> 00:33:54,005 that is reasonable for the property when you are looking at 609 00:33:54,005 --> 00:33:57,325 that fifth leg of the, of the criteria. 610 00:33:59,785 --> 00:34:03,285 And so I think that this is overall a reasonable use 611 00:34:03,315 --> 00:34:05,925 that does not impact the public in a negative way. 612 00:34:06,025 --> 00:34:09,925 And I think it benefits the public by preserving 613 00:34:11,075 --> 00:34:14,805 what we often see and enjoy and, 614 00:34:15,665 --> 00:34:18,845 and not not seeing some mutilation on the side of the road. 615 00:34:19,065 --> 00:34:22,285 So anyway, that's my position on that. 616 00:34:22,585 --> 00:34:25,845 And, and so I'd like to move forward 617 00:34:25,945 --> 00:34:30,805 and construct the motion as code enforcement has requested, 618 00:34:31,275 --> 00:34:34,885 site plan determination should be added to this 619 00:34:35,975 --> 00:34:39,125 above and beyond the subject to obtaining all state 620 00:34:39,125 --> 00:34:40,845 and town permits and inspections. 621 00:34:41,385 --> 00:34:42,685 Are there any other conditions 622 00:34:42,795 --> 00:34:45,925 that the board voting members would like to 623 00:34:47,255 --> 00:34:48,525 apply to this motion? 624 00:34:50,525 --> 00:34:54,965 I think just the one, the not become a release site, 625 00:34:55,435 --> 00:34:56,725 just 'cause that was their biggest, 626 00:34:57,875 --> 00:35:02,525 what I felt was the biggest concern would be animals going 627 00:35:02,525 --> 00:35:04,925 there and then them releasing 'em there as well. 628 00:35:06,025 --> 00:35:08,765 We are aware that the supervisory aspects 629 00:35:08,765 --> 00:35:11,445 of this under this license, we, 630 00:35:11,505 --> 00:35:14,485 we didn't ask if there was inventory actually written 631 00:35:15,545 --> 00:35:17,285 for the animals that are brought in, 632 00:35:17,385 --> 00:35:20,445 but in in the idea of your concern, 633 00:35:20,675 --> 00:35:24,725 this being a release site, I think the licensure aspect 634 00:35:24,725 --> 00:35:27,005 of it ensures that it's not, not the case. 635 00:35:27,255 --> 00:35:30,765 Right. It's not a, it's just a debate. It's not a 636 00:35:32,105 --> 00:35:33,105 No. 637 00:35:33,105 --> 00:35:35,205 I didn't even think of if someone was to call 638 00:35:35,205 --> 00:35:38,525 and say they had, you know, five pets one day 639 00:35:38,525 --> 00:35:42,325 and now there's only four that it could, I just, I could see 640 00:35:42,325 --> 00:35:44,165 where it would go for Ms. Owens. 641 00:35:44,185 --> 00:35:45,885 So I think having it on the record 642 00:35:46,035 --> 00:35:47,525 that it can't be is enough. 643 00:35:48,465 --> 00:35:50,725 Are you, that's what you would like? Yes. Okay. 644 00:35:51,325 --> 00:35:55,445 Anybody have any opposition to that? No. Ms. Tr Ms. Doman. 645 00:35:55,515 --> 00:35:58,405 Okay. Address not to be. 646 00:35:58,625 --> 00:35:59,685 No, I was agreeing 647 00:35:59,685 --> 00:36:01,205 with you saying it didn't have to be there. 648 00:36:01,505 --> 00:36:04,045 Oh, okay. Very good. What'd You, what'd you say? 649 00:36:05,185 --> 00:36:07,485 She said it does not have to be on the, 650 00:36:07,545 --> 00:36:09,245 as a condition of the motion. 651 00:36:10,545 --> 00:36:14,805 All right. The last thing I I would want to point out is 652 00:36:14,805 --> 00:36:19,045 that the licensing goes with the individual on this and 653 00:36:19,075 --> 00:36:23,845 therefore as sunsetting can apply to the individual 654 00:36:23,985 --> 00:36:28,125 and not the property, I would ask that we sunset this 655 00:36:28,125 --> 00:36:30,645 and that when the greenbergs vacate 656 00:36:30,745 --> 00:36:34,685 or sell the home, that they're also that license 657 00:36:35,665 --> 00:36:37,805 to operate there expires 658 00:36:37,805 --> 00:36:40,845 and that someone else buying the home cannot just take 659 00:36:40,845 --> 00:36:42,725 that on under any needs. 660 00:36:44,115 --> 00:36:45,205 Anybody object to that? 661 00:36:46,085 --> 00:36:47,525 I think we should add a condition 662 00:36:47,525 --> 00:36:51,565 that should the greenbergs cease 663 00:36:53,395 --> 00:36:56,005 operating the rehabilitation center, 664 00:36:56,005 --> 00:36:58,565 that the variance would sunset also. 665 00:36:59,275 --> 00:37:03,005 Okay. Approval to operate 666 00:37:07,365 --> 00:37:08,405 Requires licensing 667 00:37:10,435 --> 00:37:10,925 Sunsets 668 00:37:15,675 --> 00:37:20,165 with the vacation of the vacating of the greenbergs. 669 00:37:20,165 --> 00:37:21,165 Correct? 670 00:37:23,515 --> 00:37:25,285 Well the thing is the greenbergs, could 671 00:37:26,025 --> 00:37:28,325 you stop doing this? 672 00:37:28,905 --> 00:37:33,205 Yes. You know, and when, when they no longer have a license, 673 00:37:34,035 --> 00:37:35,845 then I think the variance should lapse. 674 00:37:36,755 --> 00:37:38,685 Correct. Mr. 675 00:37:38,795 --> 00:37:40,925 Dietzel, did you follow along with my comment? 676 00:37:42,325 --> 00:37:43,365 I followed along, I think 677 00:37:44,075 --> 00:37:46,445 Written to your satisfac my satisfaction. 678 00:37:46,445 --> 00:37:48,045 Yep. Yep. Mr. Donlin, 679 00:37:50,565 --> 00:37:53,445 Strictly as, I suppose more devil's advocate than 680 00:37:53,645 --> 00:37:58,525 anything, I could see a world where one of their volunteers, 681 00:37:58,885 --> 00:38:00,725 specifically the person that might be renting it, 682 00:38:00,725 --> 00:38:02,525 would probably want to move forward 683 00:38:02,545 --> 00:38:06,365 and its stead when they are no longer trying to, 684 00:38:06,465 --> 00:38:10,525 and I could see that as being somewhat of a hurdle. 685 00:38:11,215 --> 00:38:14,525 Right. So the, the last condition of the motion says, 686 00:38:14,765 --> 00:38:17,165 approval to operate sunsets with the vacating 687 00:38:17,305 --> 00:38:18,405 of the greenbergs. 688 00:38:19,625 --> 00:38:20,725 Is that acceptable to you? 689 00:38:23,095 --> 00:38:24,665 Meaning when they sell it 690 00:38:24,765 --> 00:38:26,905 and they vacate it, their license goes, 691 00:38:27,265 --> 00:38:29,465 somebody else can't just come in and take a license over it. 692 00:38:29,465 --> 00:38:31,465 They'd have, somebody else would essentially have 693 00:38:31,465 --> 00:38:33,305 to come back here to do this all over again. 694 00:38:33,695 --> 00:38:36,645 Fair enough. Alright. Mrs. O Mor, you good with that? 695 00:38:36,645 --> 00:38:39,205 Yeah. Mr. Tripp as well? Yep. Alright, very good. 696 00:38:39,205 --> 00:38:42,405 That's third condition. Fourth and all. We all good? Yep. 697 00:38:42,785 --> 00:38:45,645 All right. Very good. Anything else? All right. 698 00:38:45,745 --> 00:38:47,245 The motion is structured. 699 00:38:47,345 --> 00:38:50,125 So with that, let's make a motion come out 700 00:38:50,125 --> 00:38:51,525 of deliberative Mr. 701 00:38:51,625 --> 00:38:55,965 De second. All right. Mr. Dietzel has a second off of Mr. 702 00:38:56,105 --> 00:38:57,765 Trip's motion. All in favor 703 00:38:57,765 --> 00:38:59,525 of coming outta deliberation, say aye. 704 00:38:59,545 --> 00:39:01,805 Aye. Aye. Aye. Any opposed? Very good. 705 00:39:03,785 --> 00:39:06,085 Mrs. Moore, you have a motion to read? 706 00:39:06,485 --> 00:39:09,965 I do. Thank you. I make a motion on case number 707 00:39:10,905 --> 00:39:15,045 2 6 7 to grant a variance 708 00:39:15,585 --> 00:39:18,645 to the terms of Article six, section 709 00:39:19,185 --> 00:39:23,885 1 65 dash four six A of the town 710 00:39:23,985 --> 00:39:26,765 of dairy zoning ordinance 711 00:39:26,865 --> 00:39:31,125 to allow a wildlife rehabilitation center use at the 712 00:39:31,405 --> 00:39:33,245 property parcel ID 713 00:39:33,795 --> 00:39:38,725 0 8 0 4 1 0 0 1 zoned 714 00:39:39,045 --> 00:39:42,525 MDR as presented with the following conditions. 715 00:39:42,905 --> 00:39:46,525 We have three. One subject to obtaining Allstate 716 00:39:46,665 --> 00:39:48,885 and town permits and inspections. 717 00:39:49,945 --> 00:39:52,645 Two site plan by planning board site 718 00:39:54,855 --> 00:39:56,445 three approval to op. 719 00:39:57,145 --> 00:39:58,845 The approval is to operate 720 00:39:59,675 --> 00:40:02,565 sunsets when the greenbergs vacate the property. 721 00:40:03,145 --> 00:40:05,005 And that concludes the reading of the motion. 722 00:40:05,165 --> 00:40:06,165 I need a second, 723 00:40:06,905 --> 00:40:07,905 Mr. 724 00:40:07,905 --> 00:40:09,125 Donlin. Second. Thank you. 725 00:40:11,225 --> 00:40:13,005 Any comments there all? 726 00:40:13,415 --> 00:40:15,365 Let's get in finding of fact. I'm sorry, 727 00:40:15,655 --> 00:40:17,085 Sorry to interrupt if I could make a comment. 728 00:40:17,435 --> 00:40:18,485 It's called a site plan 729 00:40:18,685 --> 00:40:21,005 determination required by the planning board. Maybe 730 00:40:21,005 --> 00:40:22,125 You, did we get that? 731 00:40:22,345 --> 00:40:25,165 No, I said I didn't do determination. Okay. 732 00:40:25,225 --> 00:40:28,205 So I'd like to correct it for number two is site plan 733 00:40:28,965 --> 00:40:30,685 determination by planning board. 734 00:40:30,945 --> 00:40:33,205 You good there? Thank you. Very good. Thank you. 735 00:40:34,885 --> 00:40:37,045 I knew I was missing a word. Did you hear the pause? 736 00:40:39,675 --> 00:40:41,925 Alright, that motion's on the floor has been second. 737 00:40:42,015 --> 00:40:43,645 Let's work into the finding of fact. 738 00:40:44,885 --> 00:40:48,405 I know that the facts, some initial facts here, the, 739 00:40:48,745 --> 00:40:51,245 and I'll ask the board to contribute on this, 740 00:40:51,345 --> 00:40:53,725 but currently the applicant desires 741 00:40:53,725 --> 00:40:56,485 to create a wildlife rehabilitation center on the parcel. 742 00:40:56,945 --> 00:40:59,725 The applicants are licensed by the State of New Hampshire 743 00:40:59,785 --> 00:41:00,885 and the USDA, 744 00:41:01,465 --> 00:41:04,805 the parcel is in the Medium density residential district. 745 00:41:04,825 --> 00:41:07,805 And the license for is for rehabilitation 746 00:41:08,065 --> 00:41:11,085 and release as guideline by the state regulations. 747 00:41:11,745 --> 00:41:14,285 The activities of the center would remain unseen 748 00:41:14,285 --> 00:41:17,325 to the public and primarily operate indoors. 749 00:41:19,225 --> 00:41:20,445 Are there any other facts 750 00:41:20,515 --> 00:41:23,085 that you have heard in this case, Mr. 751 00:41:23,155 --> 00:41:25,885 Dietzel, that you'd like to have noted as a, as a heading? 752 00:41:26,465 --> 00:41:29,205 No. Thank you. Okay. Mr. Born? No, thank you. Mr. Trip. 753 00:41:30,585 --> 00:41:34,845 Did you mention that there's, they also have a license for 754 00:41:36,015 --> 00:41:37,325 exhibiting animals, 755 00:41:37,465 --> 00:41:39,965 but the animals had to be non releasable? 756 00:41:40,925 --> 00:41:43,685 I think I've indicated that the license has, 757 00:41:43,685 --> 00:41:45,125 that they have three licenses. 758 00:41:45,155 --> 00:41:49,885 Okay. Tooth fish and game one. The USDA. Is that good? Fine. 759 00:41:50,065 --> 00:41:51,805 Mr. Donlin, anything you'd like to add? 760 00:41:52,105 --> 00:41:53,485 No, sir. Alright, Very good. 761 00:41:53,485 --> 00:41:56,205 Well then let's get into the work through the findings 762 00:41:56,205 --> 00:41:58,325 of fact and how the board 763 00:41:59,155 --> 00:42:00,965 sees the depictions of the applicant. 764 00:42:01,185 --> 00:42:03,605 The first is the public interest. Mr. 765 00:42:03,675 --> 00:42:05,645 Dietzel, do you see anything there you'd like 766 00:42:05,645 --> 00:42:08,325 to mention on the public interest? 767 00:42:09,365 --> 00:42:11,645 I don't think it'll be contrary to the public interest. 768 00:42:12,785 --> 00:42:15,925 It, it's a, a, certainly a worthwhile endeavor. 769 00:42:16,385 --> 00:42:17,885 It is in the public interest 770 00:42:18,665 --> 00:42:22,565 and I don't, I think 771 00:42:25,265 --> 00:42:26,485 the first criterion is met. 772 00:42:26,875 --> 00:42:28,205 Okay. Mr. Mr. 773 00:42:28,465 --> 00:42:31,605 Donlin on the public interest, what do you say? 774 00:42:33,205 --> 00:42:35,205 I believe the variances will not be contrary 775 00:42:35,205 --> 00:42:38,045 to public interest for reasons stated. 776 00:42:38,625 --> 00:42:39,965 All right. Mrs. Moron 777 00:42:40,455 --> 00:42:43,325 Chair, I also agree that it will not be contrary 778 00:42:43,325 --> 00:42:45,765 to the public interest for reasons stated. 779 00:42:46,065 --> 00:42:48,765 All right, Mr. Tripp? Ditto. 780 00:42:49,155 --> 00:42:53,325 Alright. In my world, I find 781 00:42:53,325 --> 00:42:57,405 that this would be in the public interest as it's 782 00:42:58,055 --> 00:43:00,565 preserving our wildlife and, 783 00:43:01,745 --> 00:43:05,445 and making a benefit to our, 784 00:43:05,505 --> 00:43:10,125 to the public overall regarding the spirit of ordinance. 785 00:43:10,705 --> 00:43:12,405 Mr. Dietzel, what do you think? 786 00:43:13,985 --> 00:43:17,525 The main concern, I think was the fact 787 00:43:17,525 --> 00:43:18,765 that it wasn't gonna be an owner, 788 00:43:19,125 --> 00:43:21,445 opper owner occupied property. 789 00:43:22,825 --> 00:43:24,925 The applicant's asserted 790 00:43:25,035 --> 00:43:27,685 that it's really no different from any other property 791 00:43:27,685 --> 00:43:28,885 that's rented out. 792 00:43:30,985 --> 00:43:33,525 And I, I found that argument convincing. 793 00:43:33,725 --> 00:43:36,885 I don't, I don't think that it's contrary to the spirit 794 00:43:36,885 --> 00:43:40,525 of the ordinance, which is to keep rural neighborhoods rural 795 00:43:41,225 --> 00:43:43,645 and non-commercial 796 00:43:44,225 --> 00:43:44,445 and 797 00:43:48,345 --> 00:43:49,565 not, not crowded. 798 00:43:49,565 --> 00:43:51,045 So I, I believe that the spirit 799 00:43:51,045 --> 00:43:54,565 of the ordinance is maintained if we grant it. 800 00:43:54,755 --> 00:43:56,165 Very good. Mr. Donlin, 801 00:43:56,165 --> 00:43:57,685 how do you feel about the spirit of the ordinance? 802 00:43:58,075 --> 00:44:02,365 Feel the spirit of the ordinance is observed for a reason? 803 00:44:02,365 --> 00:44:06,925 Stated, and I will add on that no, 804 00:44:07,865 --> 00:44:09,645 really no structural changes 805 00:44:09,825 --> 00:44:11,285 or nothing elaborate 806 00:44:11,285 --> 00:44:14,445 to the residence itself is happening. This is all internal. 807 00:44:14,835 --> 00:44:16,365 Very good. I like that. Okay. 808 00:44:16,545 --> 00:44:20,245 No change to the property, Mrs. Mrs. Mor? 809 00:44:21,365 --> 00:44:24,085 I agree. The spirit of the ordinance is observed 810 00:44:24,485 --> 00:44:27,725 because it's not changing the character of the neighborhood 811 00:44:27,825 --> 00:44:29,805 and having the planning board. 812 00:44:29,865 --> 00:44:33,365 If they do, having them do the site work, they'll be able 813 00:44:33,505 --> 00:44:35,645 to put down anything. 814 00:44:35,665 --> 00:44:37,965 So to confirm, there'll be no changes. 815 00:44:38,315 --> 00:44:39,565 Very good. Mr. Tripp? 816 00:44:40,315 --> 00:44:42,205 Well, I believe that 817 00:44:42,465 --> 00:44:46,005 unless someone that is looking to bring a animal that's 818 00:44:48,155 --> 00:44:51,085 injured goes to the Fish and Game website and, 819 00:44:51,505 --> 00:44:55,725 and looks up where the rehabilitative sites are, 820 00:44:56,035 --> 00:44:59,845 they would never know that the Greenbergs were operating 821 00:44:59,865 --> 00:45:01,525 in a rehab center. Yeah, 822 00:45:01,565 --> 00:45:04,405 I, and I would say also the spear of the ordinances there 823 00:45:04,505 --> 00:45:06,605 of, everyone's touched on this, there's no change 824 00:45:06,665 --> 00:45:07,965 to the parcel at all. 825 00:45:08,065 --> 00:45:09,125 And, and as Mr. 826 00:45:09,935 --> 00:45:12,805 Tripp has just indicated, the use would be concealed. 827 00:45:13,045 --> 00:45:17,565 I think I recognize this is nothing more than a location 828 00:45:17,865 --> 00:45:21,925 for the, for the state to have the license registered 829 00:45:21,925 --> 00:45:26,845 and a second opportunity to keep the, the critters alive. 830 00:45:27,885 --> 00:45:30,685 I will say this, I was a, i I hunt 831 00:45:30,905 --> 00:45:33,885 and one time I found a moose in the last weekend 832 00:45:33,985 --> 00:45:36,725 of the season struggling in the, in the forest. 833 00:45:36,945 --> 00:45:40,085 And we, we were there in the woods till eight 30 at night 834 00:45:40,085 --> 00:45:43,045 trying to save it and fish and game came out the next day. 835 00:45:43,065 --> 00:45:45,005 So you can't save it. So they shot it 836 00:45:45,085 --> 00:45:46,805 and then I dragged it out and we ate it. 837 00:45:46,825 --> 00:45:48,005 So we 838 00:45:48,385 --> 00:45:49,645 Try to make The best students 839 00:45:49,745 --> 00:45:52,165 of everything though ways. 840 00:45:52,955 --> 00:45:56,125 Fish and game shot it, by the way. I did not, so anyway, 841 00:45:56,625 --> 00:45:57,845 You're not gonna be invited. 842 00:45:59,515 --> 00:46:01,765 When you said we drug it out, did fish 843 00:46:01,765 --> 00:46:02,925 and game help drag it out? 844 00:46:03,235 --> 00:46:05,005 Well, actually to get it outta the woods, 845 00:46:05,405 --> 00:46:08,565 they got an a TV up, hooked a cable to it, dragged it, 846 00:46:08,565 --> 00:46:10,685 and I had to ride on the handlebars of the, 847 00:46:10,865 --> 00:46:12,685 of the four wheeler to keep it from flipping. 848 00:46:12,965 --> 00:46:14,005 'cause the moose was 700 849 00:46:14,005 --> 00:46:18,005 pounds substantial Justice. 850 00:46:20,385 --> 00:46:22,005 Mr. Dietzel, you wanna lead? 851 00:46:23,675 --> 00:46:26,365 Well, I, I I think that any potential harm 852 00:46:26,385 --> 00:46:29,685 to the public would be minimal or hypothetical only. 853 00:46:29,885 --> 00:46:32,445 I think the, the applicants did a pretty good job 854 00:46:32,465 --> 00:46:36,525 of addressing, addressing their concerns. 855 00:46:36,545 --> 00:46:39,605 And so I think the benefit to the applicants outweighs any 856 00:46:39,605 --> 00:46:41,165 potential harm to the public. 857 00:46:41,445 --> 00:46:44,605 I think substantial justice would be done if we were 858 00:46:44,605 --> 00:46:45,885 to allow this variant. 859 00:46:46,665 --> 00:46:49,365 All right, Mr. Don? 860 00:46:49,965 --> 00:46:52,085 I believe substantial justice is done as well. 861 00:46:52,085 --> 00:46:56,085 They're making good use of a property, somewhat 862 00:46:56,085 --> 00:46:57,445 of a busy road setback. 863 00:46:57,745 --> 00:47:00,245 Fairly unique property for CTO for sure. 864 00:47:00,345 --> 00:47:04,165 And I think this is a, a very unique 865 00:47:04,305 --> 00:47:06,965 and reasonable use of, of what's existing there. 866 00:47:07,385 --> 00:47:08,685 All right, very good. Mrs. Moore, 867 00:47:09,245 --> 00:47:13,045 I also agree for already thinks what Mr. 868 00:47:13,225 --> 00:47:15,725 Donlin had said, that I agree with him 869 00:47:15,725 --> 00:47:18,125 that substantial justice is done. 870 00:47:18,555 --> 00:47:19,685 Okay, Mr. Trip? 871 00:47:20,195 --> 00:47:23,125 Well, I, I don't believe that any harm is done 872 00:47:23,125 --> 00:47:26,405 to the public, but there is, you know, 873 00:47:27,635 --> 00:47:31,005 substantial, you know, good being done 874 00:47:31,025 --> 00:47:33,005 by keeping our little critters alive. 875 00:47:35,025 --> 00:47:38,205 All right. And I think that the substantial justice 876 00:47:38,505 --> 00:47:41,885 of the gain to the public outweighs 877 00:47:43,465 --> 00:47:45,725 is outweighed by the approval of this 878 00:47:47,355 --> 00:47:50,125 valuation values of surrounding properties. 879 00:47:50,825 --> 00:47:52,565 Are they diminished Mr. Dietzel? 880 00:47:53,545 --> 00:47:55,445 No. Okay. Mr. Donlin, 881 00:47:56,285 --> 00:47:57,525 I do not believe the values 882 00:47:57,545 --> 00:47:59,565 of the surrounding properties will be diminished. 883 00:47:59,955 --> 00:48:02,525 Very good. Mrs. Moore Chair, I agree as well. 884 00:48:02,945 --> 00:48:05,165 All right, Mr. Trip. I don't believe 885 00:48:05,165 --> 00:48:08,165 that there'll be any impact on the property values 886 00:48:08,545 --> 00:48:12,165 And Mr. Perkins would concur that I see no negative impact 887 00:48:12,185 --> 00:48:13,285 to the property or, 888 00:48:13,285 --> 00:48:16,685 or the surrounding properties as this is a contained use, 889 00:48:17,115 --> 00:48:19,365 primarily within the building or the structure, 890 00:48:19,825 --> 00:48:21,765 or in an unseen situation, 891 00:48:22,845 --> 00:48:25,805 literal enforcement creates unnecessary hardship. 892 00:48:27,185 --> 00:48:28,765 Mr. Dietzel, you wanna speak to that? 893 00:48:28,985 --> 00:48:31,445 And we can keep this category a if you'd like. 894 00:48:35,905 --> 00:48:38,845 The, the, the little paragraph one kind of says it all, 895 00:48:39,585 --> 00:48:44,365 the substantial relationship between literal enforcement 896 00:48:44,385 --> 00:48:48,645 and the, and the, the goals of the town that I take that 897 00:48:48,645 --> 00:48:50,925 to mean that we shouldn't be disallowing something 898 00:48:51,545 --> 00:48:53,525 for the sole purpose of disallowing it. 899 00:48:54,585 --> 00:48:57,685 We shouldn't, we should take into consideration the other 900 00:48:57,685 --> 00:49:01,405 four criteria and it should be based on the, 901 00:49:02,745 --> 00:49:05,365 the unique characteristics of the property. 902 00:49:05,665 --> 00:49:07,805 And that could be for the better or for the worse. 903 00:49:08,305 --> 00:49:12,565 And I, I just don't see how disapprove, how, 904 00:49:16,065 --> 00:49:18,445 how I see 905 00:49:18,465 --> 00:49:21,165 how a hardship would be created if we were 906 00:49:21,165 --> 00:49:22,605 to just simply say no. 907 00:49:24,555 --> 00:49:26,565 Alright. Very good, Mr. Donlin. 908 00:49:27,595 --> 00:49:30,685 Yeah, I agree. And I, I'll also say that if the, 909 00:49:31,145 --> 00:49:33,085 to your point or during the deliberative session 910 00:49:33,105 --> 00:49:35,005 of this might just be something that wasn't thought 911 00:49:35,005 --> 00:49:36,325 of when they were making zoning rules. 912 00:49:36,325 --> 00:49:37,885 And I would be willing to bet that's true. 913 00:49:39,065 --> 00:49:41,645 The state allows this, this is something 914 00:49:41,645 --> 00:49:44,965 that's clearly been thought of on, on, on some level fish 915 00:49:44,965 --> 00:49:46,485 and game wise, that's why there's a license. 916 00:49:47,345 --> 00:49:50,885 So it would, in my opinion, be a hardship to deny something 917 00:49:50,885 --> 00:49:52,645 that's allowed through the state just 918 00:49:52,645 --> 00:49:56,085 because our town doesn't have the, the means and the books 919 00:49:56,715 --> 00:49:57,715 Very good. 920 00:49:57,715 --> 00:49:58,605 Nicely said. Ms. Moore, 921 00:49:59,685 --> 00:50:02,525 I agree with both of them. I can't word it better. 922 00:50:02,995 --> 00:50:04,285 Okay, Mr. Tripp, 923 00:50:07,115 --> 00:50:10,605 Basically all we're doing by it 924 00:50:12,545 --> 00:50:17,285 saying that there's a 925 00:50:17,525 --> 00:50:21,205 hardship is creating a new use. 926 00:50:22,065 --> 00:50:26,165 And as several people said, you know, when we're 927 00:50:26,745 --> 00:50:31,045 in the process of developing our zoning ordinance, you know, 928 00:50:31,105 --> 00:50:35,285 who would've thought that we would need a, an 929 00:50:36,355 --> 00:50:38,095 animal rehabilitation center? 930 00:50:38,305 --> 00:50:42,655 Right? But I'm happy to create one. 931 00:50:43,405 --> 00:50:47,015 Well, little enforcement I find creates a nec unnecessary 932 00:50:47,015 --> 00:50:50,215 high hardship is this is a blind use and, 933 00:50:50,795 --> 00:50:54,415 and it's designed that way to help these, the critters that 934 00:50:55,075 --> 00:50:58,095 has brought this case forward to help rehabilitate them. 935 00:50:58,595 --> 00:51:00,735 And I see this as a peaceful transition. 936 00:51:00,755 --> 00:51:04,695 So therefore I, I support this on 937 00:51:04,695 --> 00:51:06,655 that fi f fifth leg as well. 938 00:51:07,045 --> 00:51:10,335 That being said, does not require us to go into section B 939 00:51:10,435 --> 00:51:12,695 of, of, of the fifth leg. 940 00:51:12,955 --> 00:51:16,495 Brings us back to the motion sheet 941 00:51:17,115 --> 00:51:20,815 if no one has anything else on the five on the finding 942 00:51:20,915 --> 00:51:23,215 of fact, all those in favor 943 00:51:23,215 --> 00:51:24,735 of moving this for a vote, say aye. 944 00:51:24,955 --> 00:51:29,855 Aye. Aye. Any, any opposed? Mr. Donlin? Yes. Mr. Tripp? Yes. 945 00:51:29,995 --> 00:51:33,975 Mr. Dietzel? Yes. Ms. Morn? Yes. And the chair votes Yes. 946 00:51:33,975 --> 00:51:35,215 Makes that a unanimous. 947 00:51:35,275 --> 00:51:37,455 So congratulations folks, you've passed 948 00:51:37,515 --> 00:51:38,815 by a vote of five to zero. 949 00:51:41,305 --> 00:51:45,335 Thank you. We appreciate very much. Thank you. 950 00:51:45,845 --> 00:51:47,295 Kind of brings a tear to your eye. 951 00:51:47,295 --> 00:51:50,895 But anyway, anybody agreed by this has 30 days 952 00:51:50,895 --> 00:51:52,695 to ask this board for reconsideration. 953 00:51:52,695 --> 00:51:54,615 After that recourse will be to superior court. 954 00:51:54,685 --> 00:51:55,895 Okay? Good luck. 955 00:51:56,435 --> 00:51:59,375 And if you get a raccoon that you can't release, 956 00:52:00,155 --> 00:52:01,695 you can bring 'em for the next experience. 957 00:52:02,205 --> 00:52:06,655 Anybody wants a bat? Are they playing possum? 958 00:52:11,285 --> 00:52:12,455 There's lot of people leaving, 959 00:52:18,435 --> 00:52:19,435 My goodness. 960 00:52:20,125 --> 00:52:22,175 Alright, Let's get, keep moving. 961 00:52:22,600 --> 00:52:25,375 Case number 26 dash 1 1 8. 962 00:52:25,815 --> 00:52:28,415 This would be Kozo Enterprises, 963 00:52:28,575 --> 00:52:33,055 LLCA. 964 00:52:46,525 --> 00:52:47,855 Good evening gentlemen, you'd like 965 00:52:47,855 --> 00:52:49,015 care to introduce yourselves? 966 00:52:49,735 --> 00:52:52,895 Good evening. My name is Rob Degan with SNH Land Services. 967 00:52:53,365 --> 00:52:55,695 With me tonight is Mike Kuzo. 968 00:52:56,675 --> 00:52:58,015 How you doing? Michael Kuzo. 969 00:52:58,405 --> 00:53:02,615 Okay, very good. And you are representing Mr. Kuzo? 970 00:53:02,765 --> 00:53:04,255 That is correct. Alright, Well 971 00:53:04,365 --> 00:53:05,365 Cool. 972 00:53:05,365 --> 00:53:07,175 So what we ask for is our protocol is 973 00:53:07,175 --> 00:53:08,495 that we have five criteria. 974 00:53:09,005 --> 00:53:10,135 Read first for the record 975 00:53:10,315 --> 00:53:12,095 and then we will move on from there 976 00:53:12,275 --> 00:53:16,215 and bar you with questions. Sound 977 00:53:16,215 --> 00:53:17,215 Good? 978 00:53:17,215 --> 00:53:19,695 Absolutely. Alright. All right. 979 00:53:21,315 --> 00:53:23,655 My favorite part of this. Okay. 980 00:53:23,655 --> 00:53:25,925 Variance will not be contrary to public interest. 981 00:53:26,865 --> 00:53:28,845 The applicant's use of the property has had a 982 00:53:28,845 --> 00:53:30,525 negligible impact on the public. 983 00:53:31,425 --> 00:53:34,245 To deny the variance would be a disruption to his business. 984 00:53:35,115 --> 00:53:37,565 Thus any benefit to the public would be outweighed 985 00:53:37,565 --> 00:53:39,085 by the impact on the applicant. 986 00:53:41,005 --> 00:53:42,005 Spirit of the ordinance, 987 00:53:42,705 --> 00:53:44,325 the applicant's use uses the property, 988 00:53:45,075 --> 00:53:46,725 does not threaten the health, safety, 989 00:53:46,725 --> 00:53:49,645 and welfare of the community, thus is not contrary 990 00:53:49,745 --> 00:53:51,485 to the spirit and intent of the ordinance. 991 00:53:52,755 --> 00:53:56,165 Substantial justice, multiple properties in the surrounding 992 00:53:56,165 --> 00:53:58,485 neighborhood are multi-unit dwellings with mixed use 993 00:53:58,745 --> 00:54:01,285 and dwellings on the ground floor. 994 00:54:01,355 --> 00:54:03,085 Denying the variance would be a 995 00:54:03,085 --> 00:54:04,445 disruption to the applicant's business. 996 00:54:05,145 --> 00:54:07,085 Any benefit to the public would be outweighed 997 00:54:07,085 --> 00:54:11,405 by the impact on the applicant value 998 00:54:11,405 --> 00:54:12,565 of surrounding properties. 999 00:54:13,145 --> 00:54:16,405 The applicant seeks to maintain a nonconforming situation 1000 00:54:16,415 --> 00:54:17,805 while correcting some encroachments 1001 00:54:17,805 --> 00:54:19,245 and providing additional screening. 1002 00:54:19,735 --> 00:54:22,245 There have been no complaints from the surrounding property 1003 00:54:22,245 --> 00:54:24,205 owners regarding the use of this property, 1004 00:54:24,915 --> 00:54:27,765 thus granting the variance would not increase impact on the 1005 00:54:27,765 --> 00:54:29,405 applicant's property has on its neighbors. 1006 00:54:30,065 --> 00:54:32,285 The nonconforming residential use is compatible 1007 00:54:32,285 --> 00:54:33,445 with the surrounding neighborhood, 1008 00:54:33,445 --> 00:54:35,565 which contains multiple similar use uses 1009 00:54:37,545 --> 00:54:38,725 and literal enforcement. 1010 00:54:39,665 --> 00:54:41,725 The property is the best place for the applicant 1011 00:54:41,725 --> 00:54:43,125 to store his excess materials. 1012 00:54:43,185 --> 00:54:44,245 If the materials were 1013 00:54:44,245 --> 00:54:46,605 to be moved onto the property at 27 Franklin, 1014 00:54:47,115 --> 00:54:49,165 they would represent a greater public nuisance 1015 00:54:49,665 --> 00:54:51,005 as the only practical location 1016 00:54:51,005 --> 00:54:52,445 to store them would be in the front yard 1017 00:54:52,745 --> 00:54:53,965 of the house of 27 Franklin. 1018 00:54:54,705 --> 00:54:57,485 On the backside of the property at six Pearl Street, 1019 00:54:57,605 --> 00:54:59,205 the materials are screened from Pearl Street 1020 00:54:59,265 --> 00:55:01,405 and the by the building and topography 1021 00:55:01,865 --> 00:55:04,125 and additional private sea fencing is proposed 1022 00:55:04,145 --> 00:55:06,365 to further screen the site from neighboring properties. 1023 00:55:10,245 --> 00:55:11,845 Anything else you wish to add off script? 1024 00:55:12,645 --> 00:55:16,845 Yeah, so I, I just wanted to give a brief history of this. 1025 00:55:17,025 --> 00:55:21,845 So Mr. Kuzo bought six Pearl Street first. 1026 00:55:21,985 --> 00:55:23,765 He, you can see from the, the maps 1027 00:55:23,965 --> 00:55:26,445 provided he owns six Pearl and 27 Franklin. 1028 00:55:28,345 --> 00:55:31,765 And then when the property at 27 Franklin became vacant 1029 00:55:32,145 --> 00:55:34,285 and available, he, he acquired that as well 1030 00:55:34,665 --> 00:55:37,125 and he began operating his business out of it, 1031 00:55:37,135 --> 00:55:39,925 which is a contracting company. 1032 00:55:40,035 --> 00:55:42,245 They install like patios and stuff. 1033 00:55:42,395 --> 00:55:44,845 Yeah, like patios, masonary, masonry work. 1034 00:55:46,505 --> 00:55:48,485 And he was blissfully unaware 1035 00:55:48,485 --> 00:55:50,005 that he needed site plan approval for this. 1036 00:55:50,785 --> 00:55:55,525 And the, the town came to him last year 1037 00:55:55,525 --> 00:55:58,285 and said, Hey, you need to have a site plan for this. 1038 00:55:59,585 --> 00:56:02,925 So our company got involved, we prepared a 1039 00:56:03,565 --> 00:56:04,885 proposed site plan for him 1040 00:56:05,945 --> 00:56:08,525 and then we, we went to the technical review committee 1041 00:56:09,705 --> 00:56:12,325 and you know, got input from all the departments 1042 00:56:12,345 --> 00:56:13,485 and everything was moving along. 1043 00:56:13,485 --> 00:56:17,325 And then it was determined that, oh wait, the materials 1044 00:56:17,985 --> 00:56:20,685 at six Pearl constitute a contractor yard, 1045 00:56:21,215 --> 00:56:23,045 which is not an allowed use in 1046 00:56:23,125 --> 00:56:24,245 the central business district. 1047 00:56:24,245 --> 00:56:27,045 Whereas the contractor use is. 1048 00:56:28,505 --> 00:56:32,685 So what we're here to do is get a variance 1049 00:56:32,705 --> 00:56:35,445 to continue his use of the back of the property. 1050 00:56:36,325 --> 00:56:40,485 So what he's doing on the back of the property, it's not 1051 00:56:41,035 --> 00:56:43,925 what you would necessarily think 1052 00:56:43,925 --> 00:56:46,205 of when you hear the phrase contractor yard. 1053 00:56:46,265 --> 00:56:48,445 You might be thinking of like a lumber yard where 1054 00:56:49,125 --> 00:56:51,085 customers come in and pick out product 1055 00:56:51,385 --> 00:56:53,405 and bring in a truck and take it away. 1056 00:56:53,405 --> 00:56:54,685 That's not what's happening there. 1057 00:56:55,265 --> 00:56:58,485 What's happening there is storage of excess materials 1058 00:56:58,865 --> 00:57:00,645 and like, you know, 1059 00:57:00,645 --> 00:57:03,645 parking a trailer there overnight and stuff like that. 1060 00:57:04,665 --> 00:57:09,645 So it's not, there's no customer activity there. Okay. 1061 00:57:09,745 --> 00:57:12,965 Or public activity. It's just things are being stored. 1062 00:57:15,145 --> 00:57:16,245 So that's where we are now. 1063 00:57:16,305 --> 00:57:19,725 And as a kind of an addendum to that, 1064 00:57:21,505 --> 00:57:25,165 the reason we we brought up the residential use is that, 1065 00:57:25,785 --> 00:57:28,765 you know, because now we're changing the property, 1066 00:57:29,055 --> 00:57:30,765 we're asking for change of use. 1067 00:57:32,105 --> 00:57:35,205 The what would be a grandfathered use really needs to be 1068 00:57:36,595 --> 00:57:40,045 like, okay, so the front of the property at Six Pearl 1069 00:57:40,665 --> 00:57:44,125 is a three three unit residential building. 1070 00:57:45,225 --> 00:57:49,005 And as the board is aware, in the central business district, 1071 00:57:49,005 --> 00:57:53,205 multifamily is allowed as an accessory to 1072 00:57:53,625 --> 00:57:56,245 and like above the first floor. 1073 00:57:56,305 --> 00:57:59,845 So it's supposed to be like commercial use on the ground 1074 00:57:59,895 --> 00:58:04,045 floor with residences above is what's permitted. 1075 00:58:04,585 --> 00:58:05,685 And that's not what's there. 1076 00:58:05,795 --> 00:58:10,085 It's just a house which is in keeping 1077 00:58:10,155 --> 00:58:12,005 with all the surrounding properties. 1078 00:58:12,225 --> 00:58:14,405 You know, next door there's a four unit building. 1079 00:58:14,625 --> 00:58:17,205 The other side, there's a, I believe two unit building 1080 00:58:18,105 --> 00:58:20,165 and then none of them have businesses in them. 1081 00:58:21,545 --> 00:58:24,805 So we're just looking to maintain the status quo 1082 00:58:25,905 --> 00:58:27,125 of what's going on there. 1083 00:58:28,585 --> 00:58:29,765 Do you have anything you wanna add, Mike? 1084 00:58:32,385 --> 00:58:36,285 Mainly this is just like a storage shed 1085 00:58:36,285 --> 00:58:37,525 to put all the equipment 1086 00:58:37,545 --> 00:58:40,125 and anything that, that they brought up 1087 00:58:40,125 --> 00:58:42,765 that wouldn't be allowed in this district. 1088 00:58:42,825 --> 00:58:46,845 So it would just kind of house that it's, it, I'm not 1089 00:58:47,435 --> 00:58:50,125 looking to ruffle any feathers, I just want to continue 1090 00:58:50,125 --> 00:58:51,365 to move forward 1091 00:58:51,545 --> 00:58:53,965 and operate the business out of that location. 1092 00:58:56,065 --> 00:58:57,925 So you purchased Pearl Street first 1093 00:58:59,185 --> 00:59:02,645 and the second Franklin was the Bruno residence. 1094 00:59:02,645 --> 00:59:05,685 Am I correct? Yes. And when did you purchase 1095 00:59:05,685 --> 00:59:06,805 the Pearl Street property? 1096 00:59:07,835 --> 00:59:10,365 Geez, I think it's been eight years ago now. Okay. 1097 00:59:10,445 --> 00:59:11,445 I wanna say 1098 00:59:12,955 --> 00:59:15,765 When did you purchase the Bruno property? 1099 00:59:16,845 --> 00:59:18,765 Probably two years after that, so six years ago. 1100 00:59:18,825 --> 00:59:20,085 Six years ago. Okay. And that's 1101 00:59:20,105 --> 00:59:22,525 how long the business has been going out of there since I 1102 00:59:23,205 --> 00:59:24,285 bought the first property. 1103 00:59:24,635 --> 00:59:27,125 Alright. So my understanding is that you have been, 1104 00:59:27,395 --> 00:59:29,685 that you purchased the Pearl Street 1105 00:59:30,045 --> 00:59:31,125 property as a multifamily? 1106 00:59:31,425 --> 00:59:34,285 Yes sir. And you reside there as well? 1107 00:59:35,025 --> 00:59:37,285 No, I did and then we purchased Franklin Street 1108 00:59:37,625 --> 00:59:38,885 and you redid that. 1109 00:59:39,145 --> 00:59:40,565 And then we moved 1110 00:59:40,565 --> 00:59:42,365 to Marlborough Street actually now, so. Okay. 1111 00:59:42,905 --> 00:59:45,685 So how long were you operating your business 1112 00:59:46,025 --> 00:59:47,125 out of Pearl Street? 1113 00:59:48,415 --> 00:59:49,525 Right from day one 1114 00:59:50,025 --> 00:59:51,965 Pr pretty much it was like a side business. 1115 00:59:51,965 --> 00:59:53,325 At first I worked for a local company 1116 00:59:53,765 --> 00:59:55,805 and I had my first daughter, multifamily 1117 00:59:55,905 --> 00:59:58,245 and next thing you know, here we are. 1118 00:59:58,875 --> 01:00:02,205 Okay. Ms. Owen, do we have images of, of 1119 01:00:02,475 --> 01:00:05,845 what we're dealing with in these files by chance or not? 1120 01:00:06,145 --> 01:00:08,245 We do, yes. I I can look, that's not a problem, 1121 01:00:08,425 --> 01:00:13,205 but I want to see if, if we had that. 1122 01:00:13,315 --> 01:00:17,565 What was the, this file here? Hang on just a second, Mr. 1123 01:00:17,575 --> 01:00:21,685 Chair. Point of order. Yes sir. Who is the fifth member? 1124 01:00:22,445 --> 01:00:25,605 Good question. Who'd like to be the fifth member? Mr. 1125 01:00:25,915 --> 01:00:29,605 Dani would like to be, he raised his hand. Mr. 1126 01:00:29,875 --> 01:00:32,085 Dani, would you sit on this case please? Thank you Mr. Don. 1127 01:00:32,105 --> 01:00:33,605 Yes. For bringing up my attention. 1128 01:00:33,655 --> 01:00:35,845 We'll swing back around to you afterwards. 1129 01:00:36,705 --> 01:00:38,805 Let me distribute these photos here 1130 01:00:40,745 --> 01:00:45,365 and so I get a good feel and idea on this. 1131 01:00:46,385 --> 01:00:48,765 So now you're a full-time kind of contractor? 1132 01:00:49,345 --> 01:00:53,645 Yes Sir. And I don't know that I, that I 1133 01:00:54,995 --> 01:00:57,885 necessarily agree with the description 1134 01:00:57,885 --> 01:01:00,925 of contractor yard being one that looks like a lumber yard, 1135 01:01:01,065 --> 01:01:02,725 but I think we understand. 1136 01:01:03,345 --> 01:01:06,605 So what, what each other is saying here. 1137 01:01:10,575 --> 01:01:13,195 So do you have a, 1138 01:01:15,285 --> 01:01:18,165 a structure that's being built here or a shed 1139 01:01:18,165 --> 01:01:19,205 or something or garage? 1140 01:01:19,345 --> 01:01:22,245 So I don't, currently, I have like a storage container 1141 01:01:22,345 --> 01:01:24,765 and another like tent apparatus 1142 01:01:24,765 --> 01:01:25,925 should say on like bin block. 1143 01:01:26,275 --> 01:01:28,565 Okay. But we, this main area is 1144 01:01:28,575 --> 01:01:30,485 where I park different trucks 1145 01:01:30,665 --> 01:01:34,205 and just store hand tools 1146 01:01:35,535 --> 01:01:36,965 where the guys load up in the morning. 1147 01:01:37,405 --> 01:01:39,125 It won't be a ton of activity during the day. 1148 01:01:39,125 --> 01:01:41,165 It's pretty much when they come in at seven 1149 01:01:41,305 --> 01:01:42,965 and when they get back at four 30. 1150 01:01:44,245 --> 01:01:45,905 And part of the proposed plan, 1151 01:01:45,955 --> 01:01:47,465 which is obviously gonna have to go back 1152 01:01:47,465 --> 01:01:48,945 through the planning board, is to put a 1153 01:01:49,875 --> 01:01:52,025 three bay garage up in, in there 1154 01:01:53,125 --> 01:01:57,705 and erect some like privacy fence like vinyl fencing 1155 01:01:57,725 --> 01:01:59,065 around the area 1156 01:02:01,245 --> 01:02:02,465 To shield Screen. 1157 01:02:02,465 --> 01:02:04,465 Yeah. Just to make a, a nice visual screen. 1158 01:02:05,005 --> 01:02:07,705 I'm gonna distribute the pictures here to everybody. 1159 01:02:07,935 --> 01:02:12,625 What I'm seeing on this is storage containers, 1160 01:02:12,755 --> 01:02:14,025 metal storage containers. 1161 01:02:14,085 --> 01:02:16,425 Are those on the Franklin Street property or the, 1162 01:02:16,795 --> 01:02:18,545 Those are actually on Pearl Street. 1163 01:02:19,345 --> 01:02:20,725 On Pearl Street. Okay. Yeah. 1164 01:02:23,345 --> 01:02:24,925 Let me, let me hand these out. 1165 01:02:25,185 --> 01:02:27,445 I'm gonna go to the left with the photos and then Mr. 1166 01:02:27,755 --> 01:02:29,485 Dani, Mr. Dietzel, you guys can take 1167 01:02:29,485 --> 01:02:30,565 a look at it afterwards. 1168 01:02:31,265 --> 01:02:35,085 And in the meantime let's get a narrative from Code 1169 01:02:35,085 --> 01:02:37,405 Enforcement and see what was going on 1170 01:02:37,565 --> 01:02:39,045 and how this one came about. 1171 01:02:39,275 --> 01:02:42,245 Sure. Thank you. As the applicant stated, 1172 01:02:42,345 --> 01:02:43,685 so they're requesting a variance 1173 01:02:43,685 --> 01:02:47,245 to utilize the existing rear portion of the property of 1174 01:02:47,865 --> 01:02:49,525 the subject property six Pearl Street 1175 01:02:49,945 --> 01:02:52,605 to allow the construction of a three bay contractor garage 1176 01:02:52,705 --> 01:02:55,485 for the use by the business at the abutting property at 1177 01:02:55,725 --> 01:02:56,965 27 Franklin Street. 1178 01:02:57,425 --> 01:02:58,445 As the applicant stated, 1179 01:02:58,745 --> 01:03:01,085 he owns the adjacent property at 27 Franklin 1180 01:03:01,785 --> 01:03:04,765 and operates a masonry contracting business out 1181 01:03:04,765 --> 01:03:07,205 of the existing detached garage on the property, 1182 01:03:07,295 --> 01:03:09,605 which also contains a separate multifamily. 1183 01:03:10,485 --> 01:03:13,245 The current application is intended to be used by 1184 01:03:13,745 --> 01:03:16,325 and support the existing business operations at 1185 01:03:16,325 --> 01:03:17,765 27 Franklin Street. 1186 01:03:18,945 --> 01:03:21,325 Do you have a little history, background and timeline? 1187 01:03:22,795 --> 01:03:24,005 This originally came to us 1188 01:03:24,005 --> 01:03:26,285 as a compliance issue involving the ABUT 1189 01:03:26,285 --> 01:03:29,565 and property at 27 Franklin Street for a business operating 1190 01:03:29,565 --> 01:03:31,485 beyond the limits of a change of use. 1191 01:03:32,745 --> 01:03:34,565 The owner at that time was instructed 1192 01:03:34,585 --> 01:03:37,205 to capture the expanded business through a new change 1193 01:03:37,205 --> 01:03:38,245 of use application. 1194 01:03:39,705 --> 01:03:42,205 In November of 2024. 1195 01:03:42,825 --> 01:03:45,845 The change of use application notice of decision was issued 1196 01:03:47,025 --> 01:03:48,565 and it was at that time determined 1197 01:03:48,565 --> 01:03:50,445 that site plan determination would be required 1198 01:03:50,445 --> 01:03:51,645 by the planning board. 1199 01:03:53,065 --> 01:03:58,005 August, 2025 is when the official TRC meeting happened 1200 01:03:59,265 --> 01:04:01,765 and that application was our representing the business 1201 01:04:01,765 --> 01:04:05,325 operations at 27 Franklin Street at that time only, 1202 01:04:05,865 --> 01:04:07,725 not the sixth Pearl Street property. 1203 01:04:08,745 --> 01:04:11,805 During that follow following the TRC meeting 1204 01:04:12,685 --> 01:04:15,325 revisions were requested to the plan based on the operations 1205 01:04:15,325 --> 01:04:19,445 that were visible that we could, we could see 1206 01:04:19,585 --> 01:04:22,285 and a survey of six Pearl Street was requested 1207 01:04:22,945 --> 01:04:24,365 for the onsite material storage. 1208 01:04:25,025 --> 01:04:29,285 And then January, 2026 is when we received the revised TRC 1209 01:04:29,285 --> 01:04:30,925 plans and that's 1210 01:04:30,925 --> 01:04:33,125 where we saw the reflection on six Pearl Street 1211 01:04:33,145 --> 01:04:34,325 and determined at that time 1212 01:04:34,325 --> 01:04:35,725 that the variance would be required 1213 01:04:35,745 --> 01:04:37,645 for the contractor yard use. 1214 01:04:39,825 --> 01:04:43,365 So as, as kind of previously stated, this prop, both 1215 01:04:43,365 --> 01:04:44,845 of these properties, but this property, 1216 01:04:44,845 --> 01:04:47,125 subject property is located in the CBD 1217 01:04:47,125 --> 01:04:48,405 Central Business District. 1218 01:04:48,985 --> 01:04:51,085 It does meet the definition of what we would describe 1219 01:04:51,105 --> 01:04:52,365 as a contractor yard 1220 01:04:52,625 --> 01:04:55,325 as outlined in our town ordinance definition. 1221 01:04:57,105 --> 01:04:59,405 So therefore the, the variance is being requested, 1222 01:04:59,995 --> 01:05:02,125 this would add a commercial use 1223 01:05:02,125 --> 01:05:05,645 to the preexisting non-conforming multifamily 1224 01:05:06,275 --> 01:05:07,485 residential property. 1225 01:05:08,395 --> 01:05:10,205 That existing structure 1226 01:05:10,855 --> 01:05:13,445 based on our records was built in 1895. 1227 01:05:13,745 --> 01:05:16,165 So that came long, you know, well before zoning. 1228 01:05:17,425 --> 01:05:21,285 So if approved at tonight's meeting, completion 1229 01:05:21,285 --> 01:05:24,285 of the site plan, approval is required by planning board 1230 01:05:24,905 --> 01:05:27,085 and appropriate permits and inspections are required. 1231 01:05:28,305 --> 01:05:30,805 And as the board you can elect 1232 01:05:30,985 --> 01:05:33,125 to perform a site walk if you choose as well. 1233 01:05:34,355 --> 01:05:36,725 Okay. And that's it, That's it. 1234 01:05:37,385 --> 01:05:39,805 Did did you get a registered complaint on this? 1235 01:05:39,825 --> 01:05:41,085 Is that how this came about? 1236 01:05:41,945 --> 01:05:45,885 So this honestly started before I came on board. 1237 01:05:45,885 --> 01:05:49,245 From my understanding it was between complaint 1238 01:05:49,305 --> 01:05:53,245 and just visual of the operations being close 1239 01:05:53,265 --> 01:05:54,885 to the town hall. 1240 01:05:56,435 --> 01:06:01,165 Okay. I'm noticing on the site plan that 1241 01:06:02,515 --> 01:06:05,485 there's some materials that seem to be on a boundary 1242 01:06:05,505 --> 01:06:06,685 and they're over the boundary. 1243 01:06:06,685 --> 01:06:08,045 Am I correct? That is correct. 1244 01:06:08,225 --> 01:06:10,285 And have those been cleaned up at this point 1245 01:06:10,505 --> 01:06:12,285 or is it just left? Have they left yet? 1246 01:06:12,795 --> 01:06:13,845 Yeah, they were moved. 1247 01:06:14,405 --> 01:06:15,525 I didn't look today 'cause 1248 01:06:16,025 --> 01:06:17,765 but my guys do tend to put things 1249 01:06:18,285 --> 01:06:19,565 you're talking about on the hillside 1250 01:06:19,565 --> 01:06:20,605 leading up to Pearl. Right? 1251 01:06:21,245 --> 01:06:24,485 I don't know. I have, I have on your, on your plan 1252 01:06:24,495 --> 01:06:26,845 where just above where it says notes, I can see 1253 01:06:26,845 --> 01:06:28,685 that there's materials to be relocated. 1254 01:06:28,795 --> 01:06:30,205 Yeah. Hashed out. Right. 1255 01:06:30,985 --> 01:06:33,725 So that, what was there we call it, it's just a bunch 1256 01:06:33,725 --> 01:06:35,565 of like extra pallets of brick and stuff like that. 1257 01:06:35,615 --> 01:06:36,645 We've started going through 1258 01:06:36,765 --> 01:06:37,805 'em, I started moving everything. 1259 01:06:37,805 --> 01:06:40,885 So it's definitely about 10, 10, 15 feet back. 1260 01:06:41,085 --> 01:06:42,605 I haven't gotten rid of all the brick yet, 1261 01:06:42,625 --> 01:06:45,085 but I definitely moved them off the border of the property. 1262 01:06:45,645 --> 01:06:47,485 I think what we're looking at and, 1263 01:06:47,545 --> 01:06:51,445 and what's being addressed is the concern about when, 1264 01:06:51,675 --> 01:06:54,325 when a when there's something of this impact 1265 01:06:54,325 --> 01:06:57,805 that happens in a close proximity, it it, 1266 01:06:58,065 --> 01:07:00,885 it almost on its own doesn't become 1267 01:07:02,115 --> 01:07:03,525 something that's a good thing. 1268 01:07:03,775 --> 01:07:06,525 Right? When you see it spilling over onto other properties 1269 01:07:06,625 --> 01:07:09,405 and, and not being properly contained. 1270 01:07:10,085 --> 01:07:12,365 That would be a concern, especially in a, 1271 01:07:12,385 --> 01:07:14,365 in a very high impacted area 1272 01:07:14,905 --> 01:07:17,365 of residences in this, in this regard. 1273 01:07:17,365 --> 01:07:19,885 Right. And so one 1274 01:07:19,885 --> 01:07:22,205 of the hurdles I think the board may face is 1275 01:07:22,345 --> 01:07:23,565 how do we give this approval 1276 01:07:23,985 --> 01:07:26,045 and make sure that it's, that it's clean 1277 01:07:26,065 --> 01:07:28,245 and it's not an issue going forward 1278 01:07:29,315 --> 01:07:31,565 because it's with, with sand 1279 01:07:31,585 --> 01:07:34,885 and landscape materials, those can tend to spill over 1280 01:07:34,905 --> 01:07:38,445 and get out of control versus if it was a stack of lumber, 1281 01:07:38,505 --> 01:07:40,005 you can co cover with a tarp 1282 01:07:40,005 --> 01:07:41,405 and it's easier to move around. Right. 1283 01:07:41,705 --> 01:07:45,085 No, absolutely. So just going off of your point, I mean 1284 01:07:46,305 --> 01:07:47,845 the yard's pretty tidy. 1285 01:07:48,675 --> 01:07:51,165 There's not many areas of like clutter. 1286 01:07:52,125 --> 01:07:54,805 I don't have like fill piles there. 1287 01:07:55,125 --> 01:07:56,445 I I don't really have any sand. 1288 01:07:56,475 --> 01:07:59,045 It's more or less like brick mortar and, 1289 01:07:59,045 --> 01:08:00,565 and that stuff stays pretty organized. 1290 01:08:01,125 --> 01:08:04,805 I but I, I do understand what you're saying 1291 01:08:05,025 --> 01:08:07,085 and I know that you talked about a complaint, 1292 01:08:07,085 --> 01:08:09,445 but I, I haven't heard ev any complaints. 1293 01:08:09,785 --> 01:08:13,005 It was just the fact that we were so close to the town hall 1294 01:08:13,005 --> 01:08:14,045 and then the business was growing 1295 01:08:14,185 --> 01:08:15,805 and then more trucks, more guys 1296 01:08:15,985 --> 01:08:17,805 and then they were just like, Hey, you know, 1297 01:08:17,905 --> 01:08:19,045 did you know you can't, you know, I 1298 01:08:19,045 --> 01:08:20,845 and I had no idea You're spilling over. 1299 01:08:20,875 --> 01:08:21,885 Exactly. Yeah. Yeah. 1300 01:08:21,915 --> 01:08:25,645 Okay. If I, if I may, I believe it mainly got noticed just 1301 01:08:25,805 --> 01:08:27,885 'cause Liz, Roberto drove, drove by it every day. 1302 01:08:28,165 --> 01:08:29,365 'cause it's literally right around the corner. 1303 01:08:29,465 --> 01:08:30,965 So every time she came to work she's 1304 01:08:30,965 --> 01:08:32,685 like, it's going on here. 1305 01:08:33,155 --> 01:08:37,885 Okay. And it was actually stated to us explicitly at the TRC 1306 01:08:37,885 --> 01:08:41,365 that no complaints had been filed by them. 1307 01:08:41,365 --> 01:08:43,165 Just people noticed it by the people around us. 1308 01:08:43,505 --> 01:08:45,085 Got it. Okay. How are we doing 1309 01:08:45,085 --> 01:08:46,685 with those photos down there, Mr. Henry? 1310 01:08:46,985 --> 01:08:50,445 We pass 'em down. When you, when you get done with them, 1311 01:08:50,535 --> 01:08:52,845 would you take those all the way back down to Mr. 1312 01:08:53,385 --> 01:08:54,485 Ani for me? Thank you. 1313 01:08:54,755 --> 01:08:56,485 Yeah. If I may also, sure. 1314 01:08:57,225 --> 01:09:01,525 To your point about the ongoing encroachment situations, 1315 01:09:01,795 --> 01:09:02,885 there's no way we're getting 1316 01:09:02,885 --> 01:09:04,645 through the planning board without addressing that. 1317 01:09:05,545 --> 01:09:09,125 So the, the planning board will make sure that, you know, 1318 01:09:09,155 --> 01:09:13,125 when, when this gets approved, it is above board. 1319 01:09:13,425 --> 01:09:15,005 Yep. I understand. 1320 01:09:15,665 --> 01:09:17,165 And we've already, but then that takes us back 1321 01:09:17,165 --> 01:09:18,965 to the criteria of the variance itself. 1322 01:09:18,965 --> 01:09:22,805 Right. The zone requires if it's going to be a commercial 1323 01:09:24,405 --> 01:09:26,165 property that some kind of, 1324 01:09:26,715 --> 01:09:29,965 that typically a business would take the first floor 1325 01:09:30,505 --> 01:09:32,565 and then the residences could be above. 1326 01:09:32,585 --> 01:09:35,085 And I understand when that ordinance shifted 1327 01:09:35,265 --> 01:09:38,925 and its, its in intentions at the time 1328 01:09:39,475 --> 01:09:43,165 that were thought the, to be in good shape. 1329 01:09:43,405 --> 01:09:46,205 I think that we have a new structure on the corner here 1330 01:09:46,205 --> 01:09:50,805 that was one of those that face hurdles to comply with the, 1331 01:09:51,515 --> 01:09:53,445 with that, with that same ordinance. 1332 01:09:57,305 --> 01:09:59,605 Any, any reason. So where's this new 1333 01:09:59,625 --> 01:10:00,885 garage that you're going to build? 1334 01:10:00,945 --> 01:10:02,845 Is it on Pearl Street or Franklin? It's 1335 01:10:02,845 --> 01:10:03,845 On the Pearl Street. 1336 01:10:03,845 --> 01:10:05,285 It's on the, the site plan there. 1337 01:10:06,265 --> 01:10:07,685 You have it on your screen in front of you. 1338 01:10:09,435 --> 01:10:12,525 It's the blue rectangle near the north 1339 01:10:12,905 --> 01:10:15,365 or I guess that would be the easterly side of six Pearl? 1340 01:10:15,365 --> 01:10:16,885 Yeah, just above where the hand is 1341 01:10:16,885 --> 01:10:18,285 there. I see. There you go. 1342 01:10:18,625 --> 01:10:21,365 That's gonna be the garage. That's correct. Okay. 1343 01:10:21,745 --> 01:10:24,445 Now is that an open bay garage just a roof over 1344 01:10:24,445 --> 01:10:26,005 or is it a enclosed garage? 1345 01:10:27,845 --> 01:10:28,845 I believe metal roof 1346 01:10:28,875 --> 01:10:30,925 Yeah, so I was planning on metal and enc. 1347 01:10:31,315 --> 01:10:33,885 Yeah. Enclosed. I would like to, I'm kind 1348 01:10:33,885 --> 01:10:36,685 of here just hoping you'll tell me I can do something. 1349 01:10:36,685 --> 01:10:37,765 Garage, garage, garage. So whatever you guys 1350 01:10:37,765 --> 01:10:39,085 garage, whatever you guys say I could do. 1351 01:10:39,085 --> 01:10:40,205 I'll do, you know, garage 1352 01:10:40,255 --> 01:10:41,255 Doors? 1353 01:10:41,255 --> 01:10:42,525 I would like to, yes. Yeah. Okay. 1354 01:10:42,525 --> 01:10:46,205 Alright. Alright, well let me rest. I've gabbed enough. 1355 01:10:46,555 --> 01:10:48,485 Anybody have any questions Mr. Trip? 1356 01:10:52,105 --> 01:10:54,085 Not at this time. Okay, Ms. Moore? 1357 01:10:55,185 --> 01:10:56,605 No, but our 1358 01:10:57,325 --> 01:11:00,045 Variance is 27 Franklin Street 1359 01:11:00,185 --> 01:11:03,005 and I You just said the garage is going on sixth Pearl? 1360 01:11:04,745 --> 01:11:07,165 Yes. Alright. I just wanna make sure it's correct. 1361 01:11:08,145 --> 01:11:10,405 Is is the address on this, 1362 01:11:10,405 --> 01:11:14,445 because the applicant li resides at 27 Franklin, 1363 01:11:14,705 --> 01:11:18,765 but it's the property that we have to give the relief to 1364 01:11:18,825 --> 01:11:20,205 or not is on Pearl. 1365 01:11:22,025 --> 01:11:25,005 The, the prop property for relief is on Pearl. Correct. 1366 01:11:25,105 --> 01:11:27,885 But, but to be utilized by 27. Got 1367 01:11:27,885 --> 01:11:28,885 It. 1368 01:11:28,885 --> 01:11:29,035 Okay. 1369 01:11:29,855 --> 01:11:31,045 Could you say that again please? 1370 01:11:31,405 --> 01:11:33,525 Business, could you say that again 1371 01:11:33,525 --> 01:11:34,525 Please? 1372 01:11:34,525 --> 01:11:38,725 So the relief is requested for six Pearl Street for use 1373 01:11:39,385 --> 01:11:41,765 at the adjacent 27 Franklin Street. 1374 01:11:44,465 --> 01:11:46,645 So are you thinking a driveway connecting the two? 1375 01:11:46,955 --> 01:11:48,485 Well that's what I was just gonna point out. 1376 01:11:48,545 --> 01:11:52,725 So I mean, when we first started clearing all the clutter 1377 01:11:52,725 --> 01:11:54,285 and stuff out of Pearl, when we purchased it, 1378 01:11:54,285 --> 01:11:56,525 it was just cut down wood piles of wood 1379 01:11:57,065 --> 01:11:59,685 and you know, that 27 Franklin was an 1380 01:11:59,685 --> 01:12:01,045 eyesore for quite some time. 1381 01:12:01,665 --> 01:12:02,805 We did a ton of work there. 1382 01:12:03,485 --> 01:12:05,685 I think it was vac nobody was there for 10 years. 1383 01:12:06,785 --> 01:12:08,325 So we ended up doing everything. 1384 01:12:09,875 --> 01:12:13,165 I've, we keep keep up with the, the property pretty well, 1385 01:12:13,665 --> 01:12:15,485 but if you look right 1386 01:12:15,485 --> 01:12:17,645 after those parking spots there, there's a little, like, 1387 01:12:17,645 --> 01:12:19,445 there's a, there's a gravel entryway 1388 01:12:20,035 --> 01:12:23,605 into the gravel lot right now. 1389 01:12:23,605 --> 01:12:25,605 And that's just kind of how I get in and out. 1390 01:12:25,825 --> 01:12:29,885 And so I guess you could say that's a proposed driveway. 1391 01:12:30,005 --> 01:12:31,285 I, I could pave it, but I, 1392 01:12:31,325 --> 01:12:34,205 I was thinking I I would just leave it gravel if that was, 1393 01:12:34,265 --> 01:12:35,965 but whatever you guys want me to do, I'll do. 1394 01:12:36,445 --> 01:12:38,365 I just didn't want to add more pavement, 1395 01:12:38,365 --> 01:12:39,965 square footage than worry about runoff 1396 01:12:39,985 --> 01:12:41,365 and, and all the other stuff. 1397 01:12:42,595 --> 01:12:44,165 Okay, Mr. Dani? 1398 01:12:44,275 --> 01:12:46,405 Yeah, I actually, I do have a question. 1399 01:12:46,665 --> 01:12:49,285 So with the 1400 01:12:49,925 --> 01:12:53,125 Franklin Street being a large lot in more locations 1401 01:12:53,125 --> 01:12:54,885 and you're gonna be putting a building in already, 1402 01:12:55,425 --> 01:12:57,925 why do we need to do a mixed use on the other property? 1403 01:12:59,825 --> 01:13:00,925 So the building is on the 1404 01:13:00,925 --> 01:13:02,245 other property, if you look, it's connected. 1405 01:13:02,585 --> 01:13:05,525 So I just tried to, I don't, everything 1406 01:13:06,185 --> 01:13:07,605 is just like tucked away over here. 1407 01:13:07,625 --> 01:13:10,885 So if you really drive by, I I, my hope is 1408 01:13:10,885 --> 01:13:12,565 that it doesn't affect the other residents 1409 01:13:12,565 --> 01:13:14,805 or you don't really see it if everything's put away. 1410 01:13:15,235 --> 01:13:17,205 Well I guess what I was looking at is when I'm looking at 1411 01:13:17,205 --> 01:13:19,245 the pictures, you have a lot of stuff all over the place. 1412 01:13:19,825 --> 01:13:21,765 It looks very cramped 1413 01:13:21,765 --> 01:13:24,245 and tight where the other lot is wide open. 1414 01:13:24,705 --> 01:13:26,525 And if you were putting a store, if you were putting 1415 01:13:27,605 --> 01:13:30,085 a metal unit to store all that stuff 1416 01:13:31,105 --> 01:13:33,965 and that other unit's more commercial than residential. 1417 01:13:35,585 --> 01:13:37,245 It just makes to me more sense where 1418 01:13:37,865 --> 01:13:40,445 you're stuffing everything in a very small envelope. 1419 01:13:41,685 --> 01:13:45,825 I think some of the open space shows that it's 1420 01:13:45,825 --> 01:13:49,785 for work vehicles and employee parking and 1421 01:13:49,785 --> 01:13:50,785 Stuff. 1422 01:13:50,785 --> 01:13:51,705 No, I understand that, but there's that large patch 1423 01:13:51,705 --> 01:13:54,585 of grass on the left hand side that there's nothing there 1424 01:13:56,285 --> 01:13:57,505 on Franklin Street. 1425 01:13:59,765 --> 01:14:02,675 Right. And we'd be turning that into a bit 1426 01:14:02,675 --> 01:14:05,875 of an eyesore if we moved all, all the stuff down there. 1427 01:14:06,155 --> 01:14:08,275 I was thinking about putting an apartment complex right 1428 01:14:08,275 --> 01:14:10,955 There unmatch everything else in dairy. 1429 01:14:11,390 --> 01:14:12,845 Great. Yeah, exactly. No, no, 1430 01:14:12,845 --> 01:14:14,445 I meant if you're putting a building, you're saying 1431 01:14:14,445 --> 01:14:17,525 that you're gonna be doing a structure on Pearl Street. 1432 01:14:17,905 --> 01:14:20,525 If you do the same structure, then it's not gonna be an eyeo 1433 01:14:20,725 --> 01:14:21,845 'cause it would be tucked away and 1434 01:14:21,845 --> 01:14:23,005 hit it inside your structure. 1435 01:14:24,865 --> 01:14:26,965 No, a hundred percent. I mean, if you want to propose, 1436 01:14:27,115 --> 01:14:29,925 propose me to put it on the lawn and that, that's fine. 1437 01:14:30,045 --> 01:14:32,845 I just thought it would be tucked away in the back there 1438 01:14:32,845 --> 01:14:36,205 where everything's been for years and nobody's complained. 1439 01:14:36,245 --> 01:14:37,845 I don't know if it's like the noise 1440 01:14:37,905 --> 01:14:40,565 or whatever that nobody hears 'cause all the trees there, 1441 01:14:40,565 --> 01:14:43,765 but I, I feel as if it would disrupt the, the, 1442 01:14:43,785 --> 01:14:45,405 the neighbor neighbors more. 1443 01:14:45,465 --> 01:14:47,365 If it was on that, that grass area. 1444 01:14:48,185 --> 01:14:51,085 It would also possibly be an issue with the existing water 1445 01:14:51,085 --> 01:14:53,205 and sewer lines for the house on 27. 1446 01:14:53,965 --> 01:14:56,645 'cause you'd be putting a concrete 1447 01:14:56,845 --> 01:14:58,165 slab building on top of them. 1448 01:15:02,025 --> 01:15:03,125 I'm not sure where the plumbing goes. 1449 01:15:03,225 --> 01:15:04,225 I'm not gonna comment. 1450 01:15:05,355 --> 01:15:07,285 Well, it's shown on the plan, but 1451 01:15:12,665 --> 01:15:13,665 I'm all set. 1452 01:15:13,665 --> 01:15:14,525 Okay. Mr. Dietzel. 1453 01:15:15,915 --> 01:15:18,405 Yeah, I i I think my question is from Ms. Owen, 1454 01:15:19,585 --> 01:15:23,765 did you say that currently as things are right now, 1455 01:15:26,305 --> 01:15:27,965 the property is not in compliance? 1456 01:15:28,705 --> 01:15:31,005 Or is it just what he's proposing tonight 1457 01:15:31,185 --> 01:15:32,285 that's not in compliance? 1458 01:15:33,385 --> 01:15:35,525 The way that it is operating today 1459 01:15:36,025 --> 01:15:37,685 and has been is not in compliance. 1460 01:15:37,755 --> 01:15:39,045 It's not in compliance And we're trying 1461 01:15:39,045 --> 01:15:40,725 to bring it into compliance with this variance. 1462 01:15:42,705 --> 01:15:46,165 And so, and so if we grant the variance, 1463 01:15:46,745 --> 01:15:48,485 he still won't be in compliance, 1464 01:15:49,025 --> 01:15:52,845 but he'll be less in compliance but have the variance. 1465 01:15:52,905 --> 01:15:53,905 So he'd be okay 1466 01:15:55,025 --> 01:15:56,325 And still Would need to complete. 1467 01:15:56,325 --> 01:15:58,285 So in effect he's still not in compliance, 1468 01:15:59,225 --> 01:16:00,605 but it's better than it was before 1469 01:16:00,785 --> 01:16:04,405 or less non-compliant than before. 1470 01:16:06,885 --> 01:16:08,245 O okay. Okay. Thank you. 1471 01:16:11,645 --> 01:16:13,605 I think that's all for the moment, Mr. Chair. 1472 01:16:14,365 --> 01:16:18,645 I think Mr. Dani's question was why not 1473 01:16:18,965 --> 01:16:21,885 consolidate everything into onto one parcel 1474 01:16:22,415 --> 01:16:24,125 where there's not a controversy 1475 01:16:24,665 --> 01:16:28,325 and where there's a history of that type of operation. 1476 01:16:28,915 --> 01:16:31,445 Salt Sanders, you know, trucks onto, 1477 01:16:32,395 --> 01:16:36,085 what I'm gesturing towards is the Franklin Street parcel. 1478 01:16:36,885 --> 01:16:38,485 I, I don't want to necessarily say 1479 01:16:38,485 --> 01:16:41,085 that you would park it over the water sewer lines, 1480 01:16:41,585 --> 01:16:46,125 but I guess that's my inquiry is why, why not do that 1481 01:16:46,345 --> 01:16:50,045 and keep that historical aspect the way it was 1482 01:16:50,985 --> 01:16:52,405 and the way it was recognized 1483 01:16:55,345 --> 01:16:56,345 At this point. 1484 01:16:56,345 --> 01:17:00,365 It's already existing where it is now, so seemed easier 1485 01:17:00,625 --> 01:17:04,245 to ask for the variance 1486 01:17:04,345 --> 01:17:06,485 and not relocate at all. 1487 01:17:06,865 --> 01:17:10,965 And like I said, it would be a bit 1488 01:17:10,965 --> 01:17:12,845 of an eyesore down there on the road, but, 1489 01:17:13,955 --> 01:17:14,955 Well, it's hard. 1490 01:17:14,955 --> 01:17:16,965 I was, I was just trying to solve the problem by the, 1491 01:17:16,985 --> 01:17:19,285 the biggest problem was the storage of the materials. 1492 01:17:19,285 --> 01:17:20,885 Right. That's why the various, that's why they 1493 01:17:20,885 --> 01:17:21,925 said you have to come here. 1494 01:17:21,925 --> 01:17:23,645 So I said, okay, no problem. So what I'll do is I'll, 1495 01:17:23,645 --> 01:17:25,325 I'll just bring, build the shed right. 1496 01:17:25,505 --> 01:17:27,765 And I'll put everything inside so it doesn't bother anybody. 1497 01:17:27,825 --> 01:17:31,125 And then I I I am in, I'm, I'm in compliance with 1498 01:17:31,125 --> 01:17:32,245 that. Yeah. You 1499 01:17:32,245 --> 01:17:35,445 Know, the, the, the question is not necessarily whether 1500 01:17:35,445 --> 01:17:36,725 you're doing the right or wrong. 1501 01:17:36,825 --> 01:17:40,245 Yes. But it's, it's that you have this issue going on 1502 01:17:40,465 --> 01:17:44,725 and the question is, you know, why not remedy it this way 1503 01:17:44,865 --> 01:17:47,845 as opposed to trying to get the graces of this board 1504 01:17:47,945 --> 01:17:49,565 to give you that relief. 1505 01:17:49,665 --> 01:17:51,725 You know? And, and, and that in itself, 1506 01:17:51,725 --> 01:17:55,085 that movement in itself needs vetting 1507 01:17:55,085 --> 01:17:56,485 to see where that goes. 1508 01:17:56,625 --> 01:17:58,645 It just, to me it made more sense. 1509 01:17:59,745 --> 01:18:02,005 And it goes back to, you know, the idea 1510 01:18:02,005 --> 01:18:04,485 that when I see materials that are apparently 1511 01:18:04,995 --> 01:18:09,005 over somebody else's property line that, you know, 1512 01:18:09,305 --> 01:18:10,845 how do you, how do you address this 1513 01:18:11,025 --> 01:18:12,965 and, you know, make it simpler. 1514 01:18:13,105 --> 01:18:15,805 That's all. So there's no necessarily right 1515 01:18:15,805 --> 01:18:18,325 or wrong answer, it's just what's the answer? 1516 01:18:18,465 --> 01:18:22,085 The, the path of least resistance for you 1517 01:18:22,305 --> 01:18:25,485 or for the, the, the board, the community? 1518 01:18:25,665 --> 01:18:28,685 No, absolutely. That the house is currently now I'm, I'm, 1519 01:18:28,725 --> 01:18:30,645 I don't reside at 27th Franklin anymore, 1520 01:18:30,745 --> 01:18:32,125 so I actually have it rented. 1521 01:18:32,645 --> 01:18:35,325 I See. You know, so I, I didn't want to really, I try 1522 01:18:35,325 --> 01:18:37,365 to keep it the business to certain hours 1523 01:18:37,425 --> 01:18:38,765 and I I wasn't planning on taking 1524 01:18:38,765 --> 01:18:39,805 that whole front lawn away. 1525 01:18:41,105 --> 01:18:43,605 But I do understand what you're saying. 1526 01:18:43,905 --> 01:18:45,285 And if that, that is, 1527 01:18:45,285 --> 01:18:46,845 that is definitely an option. A hundred percent. 1528 01:18:47,235 --> 01:18:50,125 Well, and it's not to direct you, it's to ask why 1529 01:18:50,125 --> 01:18:51,285 that wasn't considered. 1530 01:18:51,285 --> 01:18:53,085 You're answering that question whether 1531 01:18:53,105 --> 01:18:54,565 or not that sways the board 1532 01:18:54,565 --> 01:18:56,325 or not, I don't know. But yeah, no, being 1533 01:18:56,325 --> 01:18:58,405 Honest, You know, it's just always best to come in 1534 01:18:58,405 --> 01:18:59,925 with solutions in soft 1535 01:18:59,945 --> 01:19:03,485 and we try to find what that, what the compromise is 1536 01:19:03,785 --> 01:19:06,845 and weed out, you know, to the five criteria. 1537 01:19:07,185 --> 01:19:10,605 So anyway. Anybody else have any other questions? 1538 01:19:12,445 --> 01:19:13,445 Mr. Henry? 1539 01:19:15,705 --> 01:19:20,205 So I see there's a proposed fence on the right here. 1540 01:19:20,545 --> 01:19:22,765 Yep. As part of Pearl Street. 1541 01:19:23,345 --> 01:19:25,245 And I saw in the pictures that a lot 1542 01:19:25,245 --> 01:19:28,005 of the materials are visible from Franklin Street. 1543 01:19:28,705 --> 01:19:30,605 Is there a reason there's not part 1544 01:19:30,605 --> 01:19:31,805 of a proposed fence there? 1545 01:19:31,905 --> 01:19:33,005 So some of that might be hidden. 1546 01:19:35,905 --> 01:19:36,885 Oh, the, 1547 01:19:43,425 --> 01:19:45,765 You got the hillside and the trees 1548 01:19:46,105 --> 01:19:47,485 and the neighbors shed there. 1549 01:19:48,075 --> 01:19:50,245 Okay. So the materials you're talking about 1550 01:19:50,675 --> 01:19:55,005 that you can see from down here would be this pile 1551 01:19:55,985 --> 01:19:58,365 and like the, the container that's there 1552 01:19:58,585 --> 01:20:01,005 and the, this little sand she thing. 1553 01:20:01,345 --> 01:20:03,245 And that's where the garage would go. 1554 01:20:04,425 --> 01:20:06,125 But this side of the property, 1555 01:20:07,795 --> 01:20:09,925 there's much more view from the neighboring land 1556 01:20:09,925 --> 01:20:11,525 because it's a lot flatter there. 1557 01:20:12,465 --> 01:20:15,845 So the fence around that would shield that. 1558 01:20:17,575 --> 01:20:19,515 And you're not gonna see anything from Pearl Street 1559 01:20:19,515 --> 01:20:21,835 because the building and the hillside kind 1560 01:20:21,835 --> 01:20:23,155 of comes up and goes back down. 1561 01:20:25,505 --> 01:20:29,675 Okay, thank you. I think one of the concerns 1562 01:20:29,675 --> 01:20:31,675 that I have going forward, and Mr. 1563 01:20:32,025 --> 01:20:35,715 Dietzel addressed it in the prior case was, you know, the, 1564 01:20:35,735 --> 01:20:37,555 the hardship aspect, right? 1565 01:20:37,815 --> 01:20:40,675 And because this becomes a voluntary thing that starts 1566 01:20:40,675 --> 01:20:43,915 to grow and, and expand almost 1567 01:20:44,435 --> 01:20:46,115 accidentally without someone knowing 1568 01:20:46,145 --> 01:20:47,795 that they're not in compliance. 1569 01:20:47,795 --> 01:20:50,635 Right. You few rocks, few bricks here 1570 01:20:50,635 --> 01:20:52,355 and there doing it on the weekend 1571 01:20:52,415 --> 01:20:54,915 and the next thing you know, you've got this, this, 1572 01:20:55,095 --> 01:20:57,795 you know, accumulation of stuff. 1573 01:20:58,255 --> 01:21:01,275 And to be honest with you, some of the pictures aren't 1574 01:21:01,275 --> 01:21:03,435 so flattering in my eyes either, right. 1575 01:21:04,155 --> 01:21:06,995 Especially with the storage containers there and whatnot. 1576 01:21:07,735 --> 01:21:12,035 So it's not a good fit for, for the, that area in, 1577 01:21:12,175 --> 01:21:14,435 in my personal view at this point. 1578 01:21:15,015 --> 01:21:17,035 And so the introduction of questions 1579 01:21:17,055 --> 01:21:20,475 and why not this, why not that is where that leads 1580 01:21:20,695 --> 01:21:23,475 to you folks. 1581 01:21:23,615 --> 01:21:27,715 You guys have anything else right now? No, 1582 01:21:27,835 --> 01:21:28,835 I do not. 1583 01:21:28,835 --> 01:21:32,075 I have a question. Mr. Trip, how do you access the 1584 01:21:36,395 --> 01:21:38,955 construction material from Pearl Street? 1585 01:21:40,615 --> 01:21:42,315 You you don't, You don't, 1586 01:21:42,455 --> 01:21:43,455 You don't. 1587 01:21:43,455 --> 01:21:45,275 So the elevation, if you're looking at Pearl Street, 1588 01:21:45,275 --> 01:21:47,475 when you, when you described like a hill, it's gotta be, 1589 01:21:48,795 --> 01:21:50,555 I mean from the top of the driveway it's 1590 01:21:50,555 --> 01:21:51,795 gotta be 15 feet down to 1591 01:21:51,795 --> 01:21:52,795 The street. 1592 01:21:52,795 --> 01:21:53,435 So when you bring material in, you always, 1593 01:21:53,655 --> 01:21:56,435 you always bring it in from on the Franklin Street side, 1594 01:21:56,435 --> 01:21:57,435 Everything. 1595 01:21:57,435 --> 01:21:59,035 Yeah. So if you look at that, that access right next to the, 1596 01:21:59,455 --> 01:22:01,075 the current garage Yep. 1597 01:22:01,215 --> 01:22:02,715 And the shop in the office. Yep. 1598 01:22:02,775 --> 01:22:04,835 You, you have to come in right there 1599 01:22:05,055 --> 01:22:06,475 and then go, go over there. 1600 01:22:07,055 --> 01:22:08,475 So it's mainly like, you know, 1601 01:22:08,475 --> 01:22:11,035 those materials do get offloaded and it's excess material. 1602 01:22:11,335 --> 01:22:15,115 Yep. But like I, it's mainly we park a lot of trucks there 1603 01:22:15,335 --> 01:22:18,875 and, and, and if I've been getting rid of materials 1604 01:22:18,875 --> 01:22:22,995 as we go, but I figured this proposed shed would literally 1605 01:22:22,995 --> 01:22:25,635 solve everybody's problem and it would look nice tight. 1606 01:22:25,735 --> 01:22:26,795 Now where do you park the trucks? 1607 01:22:27,485 --> 01:22:29,155 Right there Where the, 1608 01:22:29,165 --> 01:22:31,315 where it says grab a yes, grab a lot. Yes sir. 1609 01:22:31,375 --> 01:22:34,515 Yes sir. Yep. So that's where like they, 1610 01:22:34,655 --> 01:22:36,795 the guys will load up from the container if they need a tool 1611 01:22:36,895 --> 01:22:38,835 or something like that and then they pull out and they go, 1612 01:22:39,655 --> 01:22:42,075 So what do you use 44 40, 1613 01:22:43,155 --> 01:22:44,795 whatever Franklin Street is for. 1614 01:22:45,895 --> 01:22:48,035 So that's right in the front there. That's the shop. 1615 01:22:48,055 --> 01:22:50,275 If you come outta here and you take a left, you'll see it. 1616 01:22:50,375 --> 01:22:51,915 That's the shop? Yep. 1617 01:22:51,915 --> 01:22:53,075 That's got a garage bay, 1618 01:22:53,105 --> 01:22:55,435 it's got a lift on the other side, some storage. 1619 01:22:56,055 --> 01:22:58,915 We just ran the, the sewer line and the water line in there. 1620 01:22:59,255 --> 01:23:00,635 And then I have an office upstairs. 1621 01:23:01,865 --> 01:23:06,605 Alright. Is where, where is the office? 1622 01:23:07,045 --> 01:23:09,325 I I see in the, in the garage there on Franklin 1623 01:23:09,345 --> 01:23:10,345 Street? 1624 01:23:10,345 --> 01:23:13,765 Yes sir. So if you Yes, it's right above the right side. 1625 01:23:13,995 --> 01:23:16,965 It's like, not huge, but it's like 800 square. 1626 01:23:17,125 --> 01:23:18,445 I don't know, it may be six, 700 1627 01:23:18,445 --> 01:23:19,485 square feet. I'm not exactly sure. 1628 01:23:20,355 --> 01:23:25,165 Okay. So is a business a permitted 1629 01:23:25,165 --> 01:23:26,405 use at Franklin Street? 1630 01:23:28,145 --> 01:23:31,405 It is. It came through originally as a change of use 1631 01:23:31,405 --> 01:23:35,685 because there was a prior business operating out of there. 1632 01:23:35,705 --> 01:23:37,565 And then the, it was a similar use 1633 01:23:37,625 --> 01:23:39,245 and so that's how it was looked at internally. 1634 01:23:42,345 --> 01:23:46,085 Why, why not expand off of building B 1635 01:23:49,905 --> 01:23:50,905 Off of building? 1636 01:23:50,955 --> 01:23:52,445 Well, building B On 27th. 1637 01:23:52,685 --> 01:23:55,005 I mean, the biggest, we, we were kind 1638 01:23:55,005 --> 01:23:56,885 of worried about the parking for the employees. 1639 01:23:56,885 --> 01:24:01,685 So right now I have about like 12 or 13 working employees. 1640 01:24:02,125 --> 01:24:03,645 Some of 'em walk to work, they live locally, 1641 01:24:03,865 --> 01:24:06,365 but you know, with the spots. 1642 01:24:06,585 --> 01:24:10,725 So we, we didn't want to, you know, 1643 01:24:11,305 --> 01:24:12,325 put a building there 1644 01:24:12,325 --> 01:24:14,325 and then I just wouldn't have a location for them to park. 1645 01:24:14,325 --> 01:24:16,005 Then they'd be parking all over the streets and stuff. So 1646 01:24:16,475 --> 01:24:21,085 They can, I don't know if parking 1647 01:24:21,585 --> 01:24:25,285 closer to Pearl Street would still be allowed 1648 01:24:25,285 --> 01:24:29,275 or not for employees if that. 1649 01:24:30,265 --> 01:24:31,635 Well, no, I, they don't, nobody, 1650 01:24:31,705 --> 01:24:33,595 they all park in these spaces right here. 1651 01:24:33,855 --> 01:24:36,395 So if I made building B bigger, I, 1652 01:24:36,555 --> 01:24:37,955 I don't know if I'd have the parking spot. 1653 01:24:37,955 --> 01:24:39,235 So no matter what, I'd have to get rid 1654 01:24:39,235 --> 01:24:41,315 of the grass on that left side I guess. Well, 1655 01:24:41,315 --> 01:24:42,315 No. 1656 01:24:42,315 --> 01:24:44,435 Oh, I was saying for them to park back where the material 1657 01:24:44,575 --> 01:24:46,195 and stuff is instead. Oh, 1658 01:24:46,195 --> 01:24:47,195 Okay. 1659 01:24:47,195 --> 01:24:47,675 Oh, okay, okay. Yeah, yeah. 1660 01:24:47,675 --> 01:24:49,075 I I guess yeah, that's an option. 1661 01:24:50,655 --> 01:24:51,675 But regardless we're putting, 1662 01:24:51,705 --> 01:24:53,395 then it would be the asphalt thing. 1663 01:24:53,395 --> 01:24:54,395 Right. And we're just putting, 1664 01:24:58,675 --> 01:24:59,675 Hmm. 1665 01:24:59,675 --> 01:24:59,935 So, 1666 01:25:00,655 --> 01:25:04,155 So, so what are we, what's being asked for? 1667 01:25:05,175 --> 01:25:06,175 I'm confused. 1668 01:25:08,015 --> 01:25:12,795 Me too. So they are essentially 1669 01:25:12,815 --> 01:25:16,915 asking for, to use the rear portion of six Pearl Street 1670 01:25:18,415 --> 01:25:23,035 to add a contractor yard use to the existing residential lot 1671 01:25:23,735 --> 01:25:25,475 in addition to the residential lot. 1672 01:25:26,255 --> 01:25:29,715 And then that contractor yard would be utilized 1673 01:25:29,815 --> 01:25:33,915 by the adjacent 27 Franklin Street business operation. 1674 01:25:34,855 --> 01:25:36,755 And is the business operation permitted? 1675 01:25:37,175 --> 01:25:38,475 The business operation is 1676 01:25:38,475 --> 01:25:40,395 permitted through a change of use? Correct. 1677 01:25:41,265 --> 01:25:43,525 Okay, thank you. 1678 01:25:45,645 --> 01:25:48,325 Actually, can I ask a question quickly to you again, 1679 01:25:49,145 --> 01:25:51,685 but is a construction law 1680 01:25:51,745 --> 01:25:55,525 and a commercial multifamily combined, is that a, 1681 01:25:56,585 --> 01:26:00,125 is that something we've combined before? 1682 01:26:00,435 --> 01:26:01,525 It's not a four unit. 1683 01:26:01,825 --> 01:26:02,925 It is combining. Yeah, 1684 01:26:03,035 --> 01:26:04,605 it's essentially combining commercial. I 1685 01:26:04,605 --> 01:26:05,805 Know, but can we, I mean is that something 1686 01:26:05,805 --> 01:26:07,445 that has been combined? 1687 01:26:09,955 --> 01:26:12,375 I'd have to look at what we have looked at done in the 1688 01:26:12,375 --> 01:26:16,775 past history, but top of my head I can't think of anything. 1689 01:26:18,455 --> 01:26:22,535 I have a question too, Ms. Owens, if they did expand off 1690 01:26:22,535 --> 01:26:24,975 of that lower building, would they have to, 1691 01:26:24,975 --> 01:26:28,455 would they even be here if it was all kept on 27 1692 01:26:33,635 --> 01:26:34,635 For the use? 1693 01:26:35,795 --> 01:26:38,255 No, anything changing. 1694 01:26:38,395 --> 01:26:41,615 So if they're changing utilities, drainage, the par, 1695 01:26:41,615 --> 01:26:44,215 if they use parking elsewhere, those are things 1696 01:26:44,215 --> 01:26:48,375 that would potentially need approval elsewhere. 1697 01:26:48,475 --> 01:26:51,855 But simply the answer would be no, 1698 01:26:51,855 --> 01:26:53,615 they wouldn't need a variance to increase their 1699 01:26:53,635 --> 01:26:54,815 use at 27 Franklin. 1700 01:26:55,325 --> 01:26:56,325 Okay. 1701 01:26:59,615 --> 01:27:03,735 I have a question too, and forgive me 1702 01:27:04,295 --> 01:27:06,735 because it might've been asked and answered, but, 1703 01:27:07,115 --> 01:27:09,695 but I want to answer it or I want to ask it. 1704 01:27:12,005 --> 01:27:15,375 Just to be clear for me, they're requesting 1705 01:27:19,235 --> 01:27:23,365 that the property be used for a contractor yard 1706 01:27:24,945 --> 01:27:26,005 and a garage. 1707 01:27:26,895 --> 01:27:28,365 Those sound like two different things. 1708 01:27:28,545 --> 01:27:32,325 So the contractor yard in and of itself is an approved use? 1709 01:27:33,145 --> 01:27:35,085 It is not, no, it is not. Right. 1710 01:27:35,105 --> 01:27:37,885 So what kind of a business use, you said 1711 01:27:37,885 --> 01:27:40,565 that there is a business use that's permitted, 1712 01:27:41,545 --> 01:27:44,365 The business use is permitted at 27 Franklin 1713 01:27:44,705 --> 01:27:48,405 to operate out of the existing garage building B based on 1714 01:27:48,505 --> 01:27:51,205 the previous owner business 1715 01:27:51,205 --> 01:27:52,925 that had operated out there historically. 1716 01:27:53,285 --> 01:27:56,485 I see it was a similar business when the new owner purchased 1717 01:27:56,485 --> 01:27:58,125 the property or the applicant purchased the property 1718 01:27:58,425 --> 01:28:00,925 and at that time it was looked at as a similar business, 1719 01:28:00,985 --> 01:28:02,845 so it could be achieved as a change of use. 1720 01:28:06,805 --> 01:28:09,895 Okay. He essentially wants to expand it 1721 01:28:09,895 --> 01:28:12,975 to six Pearl Street and he owns both. 1722 01:28:15,105 --> 01:28:17,975 Right. Okay. All right. Thank you. 1723 01:28:19,175 --> 01:28:22,095 I I think an area that I need clarity of is 1724 01:28:22,095 --> 01:28:26,055 that the contractor garage really is a moot point to this 1725 01:28:26,365 --> 01:28:29,135 because if we, if we approve the use 1726 01:28:29,275 --> 01:28:33,935 and Pearl Street, essentially the contractor garage goes 1727 01:28:33,935 --> 01:28:35,495 back to regular permitting 1728 01:28:35,495 --> 01:28:38,455 and all you're going to do is observe setbacks 1729 01:28:38,475 --> 01:28:39,695 and so on and so forth. 1730 01:28:40,675 --> 01:28:43,815 My sense is he could probably build the contractor garage 1731 01:28:43,905 --> 01:28:48,685 there if he wants what he uses it 1732 01:28:48,705 --> 01:28:52,645 for, if the board doesn't approve it is up to him. 1733 01:28:52,945 --> 01:28:56,805 If the, if we don't approve the use as a contractor yard, 1734 01:28:58,905 --> 01:29:01,245 He would be permitted to construct a garage on the 1735 01:29:01,405 --> 01:29:03,565 property for residential use or, or for his use. 1736 01:29:03,565 --> 01:29:04,605 Correct. Whatever he wants. 1737 01:29:04,785 --> 01:29:08,325 But how it's currently operating now wouldn't be 1738 01:29:08,435 --> 01:29:10,165 permitted to continue. Got 1739 01:29:10,165 --> 01:29:11,165 It. 1740 01:29:11,265 --> 01:29:14,515 Without the variance. Yeah. Makes sense. Yep. Okay. 1741 01:29:15,175 --> 01:29:18,875 So realistically we just wanna look at the impact of the, 1742 01:29:21,985 --> 01:29:25,565 of the u the current usage of it and determine whether 1743 01:29:25,565 --> 01:29:28,845 or not it's something we feel is, is justified 1744 01:29:29,745 --> 01:29:31,365 to remain there or not. 1745 01:29:35,455 --> 01:29:37,355 That's kinda why I like keep leaning on. 1746 01:29:37,355 --> 01:29:38,515 We haven't had any complaints. 1747 01:29:38,515 --> 01:29:39,915 So it's like, and, and I'm open 1748 01:29:39,915 --> 01:29:42,555 to suggestions if there's something I can do to, you know, 1749 01:29:42,555 --> 01:29:44,475 screen the building, screen the materials 1750 01:29:44,575 --> 01:29:46,715 or you know, anything you guys suggest. 1751 01:29:51,495 --> 01:29:55,755 I'm just thinking out loud here, being that you, 1752 01:29:56,855 --> 01:29:58,755 what's screaming in my head right now is 1753 01:29:58,755 --> 01:30:00,355 that if you were ever to try 1754 01:30:00,355 --> 01:30:02,195 to divide these properties again, 1755 01:30:02,195 --> 01:30:03,475 you got yourself a situation. 1756 01:30:05,215 --> 01:30:08,395 So it seems like if you did a lot line adjustment 1757 01:30:09,015 --> 01:30:10,275 and came for a variance 1758 01:30:10,295 --> 01:30:11,995 for the rear setbacks on Pearl Street 1759 01:30:12,015 --> 01:30:13,875 and made that part of Franklin Street, 1760 01:30:13,935 --> 01:30:15,035 the whole thing would go away. 1761 01:30:15,815 --> 01:30:17,275 We, we actually discussed that, 1762 01:30:17,295 --> 01:30:20,435 but we thought it would be a little bit more in detail, 1763 01:30:20,435 --> 01:30:23,435 whereas if it's literally just for storage. 1764 01:30:23,575 --> 01:30:26,275 So I mean at this point, if I ever did do that, 1765 01:30:26,275 --> 01:30:28,475 which it would probably be my kids who sell it, not me, 1766 01:30:28,535 --> 01:30:33,315 but I would, I mean I, you know, it's, it's, 1767 01:30:33,315 --> 01:30:36,515 it's connected by, you can plant the tree there, you know? 1768 01:30:37,765 --> 01:30:41,275 Right. But then like how would you, I guess, I mean you, 1769 01:30:42,315 --> 01:30:45,395 'cause you, if we were to speculate 1770 01:30:45,395 --> 01:30:47,475 that you could access the garage from Pearl Street, 1771 01:30:47,475 --> 01:30:49,035 then the question's gonna be why don't you just 1772 01:30:49,035 --> 01:30:50,715 access it from Pearl Street now? Yeah, 1773 01:30:50,975 --> 01:30:52,835 So I mean by right, you could, 1774 01:30:53,115 --> 01:30:54,555 I mean if you see the paved driveway 1775 01:30:54,665 --> 01:30:56,115 that is like a hill that goes down. 1776 01:30:56,435 --> 01:30:58,955 I see it. Yeah. So I mean you, you really, you could, 1777 01:30:59,415 --> 01:31:02,595 you could, if, if that was I going up, I didn't want 1778 01:31:02,595 --> 01:31:04,755 to disrupt the, the tenants who all park in 1779 01:31:04,755 --> 01:31:06,555 that driveway to make it like a roadway. 1780 01:31:07,135 --> 01:31:08,635 It would actually be perfect for trailers. 1781 01:31:08,635 --> 01:31:10,515 I could like go up, go around and come down. 1782 01:31:10,555 --> 01:31:12,435 I thought about it but I, I just, 1783 01:31:12,595 --> 01:31:14,835 I just felt like it would disrupt like the, the tenants 1784 01:31:14,835 --> 01:31:16,315 and the flow of traffic right off of that. 1785 01:31:16,755 --> 01:31:18,755 'cause it gets pretty busy right there at that intersection. 1786 01:31:20,055 --> 01:31:22,835 So I just felt like it wouldn't work. 1787 01:31:23,275 --> 01:31:24,555 'cause you got like the dunkins, the, 1788 01:31:24,575 --> 01:31:25,995 the dentist right there and then that, 1789 01:31:25,995 --> 01:31:27,995 that stop sign coming outta Cubies. 1790 01:31:28,425 --> 01:31:29,875 It's really busy over there. 1791 01:31:32,095 --> 01:31:36,475 Ms. Owen, you had indicated that this initiated prior 1792 01:31:36,475 --> 01:31:39,075 to your, your coming to this position, 1793 01:31:39,255 --> 01:31:43,715 but it was it that the Franklin Street 1794 01:31:44,255 --> 01:31:47,435 pro property had the change of use 1795 01:31:47,935 --> 01:31:51,155 and that's what kind of initiates this 1796 01:31:52,215 --> 01:31:54,395 27 Franklin had the change of use 1797 01:31:54,395 --> 01:31:57,915 to operate the contractor business out of the property. 1798 01:31:58,775 --> 01:32:03,005 And from my understanding, it's just the evolution of time 1799 01:32:03,105 --> 01:32:04,525 or through time 1800 01:32:04,745 --> 01:32:08,285 and since then that things have kind of spilled over 1801 01:32:08,305 --> 01:32:09,685 to Six Pearl and that's 1802 01:32:09,685 --> 01:32:11,925 where the compliance concerns came into play. 1803 01:32:12,145 --> 01:32:14,085 Got it. So the, the change of use notice 1804 01:32:14,085 --> 01:32:16,205 of decision was November, 2024. 1805 01:32:18,145 --> 01:32:19,685 And again, this was all kind 1806 01:32:19,685 --> 01:32:21,325 of looking at 27 Franklin Street. 1807 01:32:21,325 --> 01:32:23,885 So when we went through TRC originally it was 27 Franklin. 1808 01:32:24,465 --> 01:32:26,685 And then when we received revised plans, 1809 01:32:27,245 --> 01:32:29,645 'cause we had requested a survey of six Pearl, 1810 01:32:29,705 --> 01:32:31,365 that's when this came in front of us 1811 01:32:32,825 --> 01:32:34,005 and that's why we're here this evening. 1812 01:32:35,035 --> 01:32:37,765 Gentlemen, you almost can solve your own problem 1813 01:32:38,545 --> 01:32:40,405 or you take the risk of the board making 1814 01:32:40,425 --> 01:32:41,525 the decision for you. 1815 01:32:42,255 --> 01:32:45,165 We'll what I'm thinking is, we'll, let's make a call 1816 01:32:45,165 --> 01:32:48,525 to public see what feedback we get after that. 1817 01:32:48,625 --> 01:32:50,325 If you'd like to consider tabling this 1818 01:32:50,345 --> 01:32:52,325 and rethinking your position 1819 01:32:52,345 --> 01:32:55,085 and coming back next month for this, you 1820 01:32:55,895 --> 01:32:57,685 might be a good strategy if you, 1821 01:32:57,825 --> 01:33:00,565 and now that you're hearing the dialogue going back 1822 01:33:00,565 --> 01:33:01,805 and forth, I, 1823 01:33:02,205 --> 01:33:06,165 I myself find the Pearl Street thing kind of a headache. 1824 01:33:06,165 --> 01:33:09,605 And I've already de described, dis described that I, I find 1825 01:33:09,605 --> 01:33:14,445 that it's not a good look, 1826 01:33:14,985 --> 01:33:16,205 but we're not there yet. 1827 01:33:17,315 --> 01:33:19,615 So why don't we make that call to public, 1828 01:33:19,915 --> 01:33:21,375 see if anybody comes forward 1829 01:33:21,755 --> 01:33:23,975 and then if you wanna rethink this 1830 01:33:24,035 --> 01:33:27,895 before we make a decision, you could do that. 1831 01:33:28,365 --> 01:33:29,815 Alright, thank you. 1832 01:33:30,365 --> 01:33:32,375 Keep in mind anybody that says anything, 1833 01:33:32,495 --> 01:33:33,855 I don't know if anyone's gonna come up, 1834 01:33:33,875 --> 01:33:35,935 but you, they'll, you'll have an opportunity 1835 01:33:35,935 --> 01:33:36,975 to rebut that as well. 1836 01:33:37,445 --> 01:33:40,335 Okay. So at this point, let's make a call to public. 1837 01:33:40,485 --> 01:33:43,295 Anybody wishes to speak in favor of this application, 1838 01:33:43,325 --> 01:33:45,735 this would be your opportunity to come forward and do so. 1839 01:33:46,915 --> 01:33:48,055 Seeing no one rise, 1840 01:33:48,735 --> 01:33:52,415 likewise anybody who wishes to speak in opposition of this 1841 01:33:53,005 --> 01:33:56,575 application, this would be your opportunity to come forward. 1842 01:33:59,735 --> 01:34:01,835 All right folks, gentlemen, 1843 01:34:01,835 --> 01:34:03,355 we don't have anybody to speak here. 1844 01:34:13,325 --> 01:34:14,915 We're just kind of discussing the options. 1845 01:34:14,975 --> 01:34:16,155 That's all right. Well you can come 1846 01:34:16,155 --> 01:34:17,395 up 'cause no one's come forward. 1847 01:34:19,095 --> 01:34:22,915 And if you wish to have us table this 1848 01:34:22,975 --> 01:34:24,235 and have that discussion 1849 01:34:24,485 --> 01:34:28,195 after this outside of this room, you're welcome to do that. 1850 01:34:28,955 --> 01:34:31,115 I, I guess my one question is 1851 01:34:32,855 --> 01:34:37,195 how much can we change the proposal without needing 1852 01:34:38,185 --> 01:34:39,635 like a whole new application? 1853 01:34:40,795 --> 01:34:43,435 'cause we did bounce a lot of ideas off of Carrie, 1854 01:34:43,505 --> 01:34:44,715 like, well what if we did this? 1855 01:34:44,745 --> 01:34:47,235 What if we did that? And every time it was, well 1856 01:34:47,305 --> 01:34:49,675 that needs a variance because of X, Y, and Z. 1857 01:34:50,735 --> 01:34:54,875 So no matter what we did was we were basically told it's 1858 01:34:54,875 --> 01:34:55,955 gonna need a variance every 1859 01:34:55,955 --> 01:34:57,590 Time she told me we Had to get, get a variance. 1860 01:34:57,590 --> 01:35:00,485 So I just, 1861 01:35:00,505 --> 01:35:01,965 Are you speaking to the microphone? Yes. 1862 01:35:01,965 --> 01:35:03,925 Well you're here. Right? 1863 01:35:04,465 --> 01:35:08,045 So I guess like if like someone had mentioned, well 1864 01:35:08,045 --> 01:35:11,645 what if you did a lot line adjustment, if we did that, 1865 01:35:11,995 --> 01:35:13,965 that would be a completely different variance. 1866 01:35:14,165 --> 01:35:18,485 'cause the variance would be for lot size and setbacks. 1867 01:35:19,425 --> 01:35:21,685 So would we be able to just table it 1868 01:35:21,685 --> 01:35:23,205 and come back with a lot line adjustment 1869 01:35:23,205 --> 01:35:24,765 or would we need to go 1870 01:35:24,765 --> 01:35:26,765 through the whole application process again? 1871 01:35:27,275 --> 01:35:29,925 Well your, your application is active, it's live 1872 01:35:30,385 --> 01:35:32,725 and you can come back to a date certain, 1873 01:35:33,185 --> 01:35:35,685 I'm not hearing any abutters speak on this. 1874 01:35:36,345 --> 01:35:38,845 So you don't have that threat of, 1875 01:35:40,145 --> 01:35:41,565 to have to deal with with that. 1876 01:35:41,785 --> 01:35:45,365 Is there a latitude for them to work in the direction 1877 01:35:45,365 --> 01:35:47,485 of some of the board's questions, Mrs. Owen? 1878 01:35:47,545 --> 01:35:50,445 Or is that like already been touched on? I think 1879 01:35:50,505 --> 01:35:53,605 The, the question becomes how far 1880 01:35:54,245 --> 01:35:56,005 materially different it becomes Yeah. 1881 01:35:56,005 --> 01:36:00,325 From the application. Right? But 1882 01:36:00,515 --> 01:36:02,725 That, that is my, the nature of my question is like, 1883 01:36:02,905 --> 01:36:05,525 can we do what is being suggested? 1884 01:36:05,525 --> 01:36:07,245 Right. Or or are we just kind 1885 01:36:07,245 --> 01:36:09,005 of up the creek without a paddle on that? 1886 01:36:09,215 --> 01:36:10,215 Right. 1887 01:36:10,835 --> 01:36:12,565 Well the board hasn't made a decision. 1888 01:36:12,665 --> 01:36:14,485 We can proceed with this if you'd like, 1889 01:36:14,585 --> 01:36:17,645 if the decision is rendered not favorable to you, 1890 01:36:17,735 --> 01:36:21,485 you'd be into trying to work a different idea anyway. 1891 01:36:21,545 --> 01:36:23,685 And I'm, you know, the board's not, you know, 1892 01:36:23,695 --> 01:36:27,805 we're pretty open to the the testimony Right. 1893 01:36:27,835 --> 01:36:30,725 What you're saying. So I can't speak for everybody. 1894 01:36:31,005 --> 01:36:35,645 I just have a feel for this that the way it's described and, 1895 01:36:35,705 --> 01:36:38,045 and the look of it doesn't feel good right now. 1896 01:36:38,945 --> 01:36:42,005 And if we did con table it would we be in August? 1897 01:36:42,155 --> 01:36:45,205 Like August early August or late August 3rd, 1898 01:36:45,495 --> 01:36:47,125 Third week is our next meeting. 1899 01:36:47,145 --> 01:36:48,925 August 20th. We just on some of the schedule 1900 01:36:48,925 --> 01:36:49,925 August 20th. 1901 01:36:49,925 --> 01:36:54,125 So it would be another month. I guess the other x 1902 01:36:54,125 --> 01:36:55,085 factor is will the planning 1903 01:36:55,085 --> 01:36:56,325 department let us wait that long? 1904 01:36:58,205 --> 01:37:00,885 I dunno. You're you're in action currently. 1905 01:37:01,065 --> 01:37:05,805 So this is under the board's purview and I Right, 1906 01:37:06,055 --> 01:37:07,055 Right. 1907 01:37:07,055 --> 01:37:09,325 Basically so we can let them vote. 1908 01:37:09,505 --> 01:37:11,605 No, I understand that, but I don't understand where the, 1909 01:37:11,715 --> 01:37:13,885 What the pro What's the issue. 1910 01:37:14,375 --> 01:37:16,765 Isn't Pearl Street also in the business district? 1911 01:37:18,385 --> 01:37:18,965 Yes, it is. 1912 01:37:24,145 --> 01:37:26,085 So we can 1913 01:37:26,635 --> 01:37:30,205 look at a couple alternative ideas and come back 1914 01:37:30,505 --> 01:37:32,965 and see if that flies or we can Yeah, 1915 01:37:33,125 --> 01:37:34,125 Whatever you suggest. 1916 01:37:34,125 --> 01:37:34,725 I mean 1917 01:37:35,395 --> 01:37:36,395 Okay. 1918 01:37:36,545 --> 01:37:39,485 Do do you guys have any suggestions for, for Pearl Street 1919 01:37:39,485 --> 01:37:40,805 or just completely 86? 1920 01:37:41,395 --> 01:37:44,285 That whole lot. That's where I started the business out of 1921 01:37:44,795 --> 01:37:46,605 just get rid of, just get rid of that lot 1922 01:37:46,605 --> 01:37:47,685 and just move everything to Franklin. 1923 01:37:47,925 --> 01:37:49,565 I mean I could put it on the front lawn if 1924 01:37:49,565 --> 01:37:50,805 that makes more sense for the town. 1925 01:37:52,355 --> 01:37:55,365 Well I think Mr. Donlin raised a good question, right? 1926 01:37:55,365 --> 01:37:57,445 Which, and I don't know what your conversations 1927 01:37:57,445 --> 01:37:58,925 with code enforcement have been, 1928 01:37:58,985 --> 01:38:03,565 but you know, if you found this that it was necessary to, 1929 01:38:04,465 --> 01:38:09,085 to function with another garage, you know, to me, I, Mr. 1930 01:38:09,265 --> 01:38:11,965 Donlin says, well, why don't you do a lot line adjustment? 1931 01:38:12,045 --> 01:38:13,685 I don't know whether you can do that 1932 01:38:13,705 --> 01:38:17,605 or not off the, off the cuff. 1933 01:38:17,625 --> 01:38:19,885 And I'm not a surveyor. Right. 1934 01:38:19,985 --> 01:38:22,245 It looks like you have a lot of room there and, 1935 01:38:23,065 --> 01:38:25,645 and I, I get this ooey feeling about, 1936 01:38:27,135 --> 01:38:31,765 about Pearl Street and the way it looks right now that it's, 1937 01:38:31,765 --> 01:38:33,365 it's not in a favorable light. 1938 01:38:34,105 --> 01:38:37,165 No, I agree with you. So wouldn't this proposed garage 1939 01:38:37,555 --> 01:38:39,565 eliminate that not favorable light? 1940 01:38:44,105 --> 01:38:46,045 You know, wouldn't that solve all, wouldn't I be able, 1941 01:38:46,065 --> 01:38:47,645 nobody would see the materials there would be 1942 01:38:47,645 --> 01:38:49,525 inside the, the storage shed. 1943 01:38:49,955 --> 01:38:54,525 Well, so because of the square footage of the property, 1944 01:38:54,845 --> 01:38:56,565 I think you still need a variance. 1945 01:38:56,925 --> 01:39:01,165 'cause the quick guide says you need 30,000 square feet, 1946 01:39:02,355 --> 01:39:03,575 that's the regulation. 1947 01:39:03,575 --> 01:39:04,775 And you have almost 20, 1948 01:39:06,685 --> 01:39:07,775 What does he need that for 1949 01:39:08,235 --> 01:39:11,415 If he, where they were safe to keep it on sixth Pearl? 1950 01:39:12,275 --> 01:39:13,375 The garage. Yeah. 1951 01:39:15,515 --> 01:39:18,695 Are those, are those proper setback lines on that on that 1952 01:39:18,865 --> 01:39:19,895 Those should be correct. Yes. 1953 01:39:20,025 --> 01:39:23,015 Sorry. No, they, they were trying 1954 01:39:23,015 --> 01:39:24,655 to figure out why they should move it, 1955 01:39:25,115 --> 01:39:27,415 why we would want them to move it to 27. 1956 01:39:27,605 --> 01:39:29,935 Like why not just keep it in six if they're 1957 01:39:30,265 --> 01:39:31,265 Zoned? 1958 01:39:31,265 --> 01:39:32,735 Well, I don't necessarily want them to move it to 27. 1959 01:39:32,915 --> 01:39:33,935 The question is whether 1960 01:39:33,935 --> 01:39:37,495 or not we grant them the use on Pearl Street to, for, 1961 01:39:37,595 --> 01:39:39,255 to continue this operation 1962 01:39:39,995 --> 01:39:44,175 and in the look so far is not favorable in my eyes. 1963 01:39:44,755 --> 01:39:46,615 I'm not speaking for the whole board. 1964 01:39:47,235 --> 01:39:48,975 So what are the options? Well, Mr. 1965 01:39:49,155 --> 01:39:51,415 Donlin says, well, why don't you do a lot line adjustment, 1966 01:39:51,695 --> 01:39:53,655 reposition the shed and keep the business 1967 01:39:54,115 --> 01:39:55,175 off of Pearl Street. 1968 01:39:55,995 --> 01:39:58,935 You know, I you had, you had a business 1969 01:39:58,955 --> 01:40:01,255 and that's part of the problem too, is that you have 1970 01:40:01,975 --> 01:40:02,975 a business that, 1971 01:40:07,685 --> 01:40:08,855 that has grown 1972 01:40:10,315 --> 01:40:13,335 and it's grown so much you're spilling into other properties 1973 01:40:13,515 --> 01:40:16,815 in an, in an area that may not be a good fit for it at all. 1974 01:40:18,095 --> 01:40:19,735 I don't know what your solution is. 1975 01:40:20,675 --> 01:40:23,975 I'm just describing to you options that you preserve your, 1976 01:40:24,165 --> 01:40:28,695 your opportunity to continue to function in some way. 1977 01:40:31,015 --> 01:40:33,865 Okay. Ms. Owen, I, I mean, 1978 01:40:33,925 --> 01:40:36,505 I'm looking at the setback lines on Pearl Street. 1979 01:40:36,845 --> 01:40:39,145 Is there anything to say that the construction 1980 01:40:40,295 --> 01:40:41,825 shed doesn't fit there? 1981 01:40:42,765 --> 01:40:45,025 I'm not sure what Mrs. Warren was, 1982 01:40:45,215 --> 01:40:46,585 what you were pointing out there. 1983 01:40:46,975 --> 01:40:48,985 Yeah, I mean, if that, it's a lot line adjustment 1984 01:40:48,985 --> 01:40:50,585 that's given to 27 Franklin. 1985 01:40:50,695 --> 01:40:52,785 It's, it's hard to say where that lot line would fall, 1986 01:40:52,845 --> 01:40:56,685 but at first glance, I, I don't see it being a 1987 01:40:57,355 --> 01:40:59,845 setback challenge, but it could all, you know, it depends on 1988 01:40:59,845 --> 01:41:01,405 how they configure it or if they wanna 1989 01:41:01,885 --> 01:41:03,445 reposition the garage as well. 1990 01:41:03,655 --> 01:41:04,655 Right. 1991 01:41:07,065 --> 01:41:08,445 Mr. Tripp, you have some thoughts there? 1992 01:41:12,525 --> 01:41:15,085 Don't like it. Okay, Mr. Dani? 1993 01:41:17,825 --> 01:41:22,285 I'm with Trip. I'd rather keep it into one lot than having 1994 01:41:22,285 --> 01:41:23,685 something spread off over to two. 1995 01:41:23,865 --> 01:41:25,005 And it's just my opinion, 1996 01:41:25,465 --> 01:41:26,465 Mr. 1997 01:41:26,465 --> 01:41:26,755 Dietzel, 1998 01:41:28,435 --> 01:41:30,445 This isn't a criticism of the applicant, 1999 01:41:30,585 --> 01:41:33,605 but I, I just don't think that the application has been, 2000 01:41:33,865 --> 01:41:35,365 is fully fleshed out yet. 2001 01:41:35,625 --> 01:41:39,405 And I didn't know that until we had this discussion. 2002 01:41:39,805 --> 01:41:41,725 I don't have enough information, in my opinion 2003 01:41:41,785 --> 01:41:44,205 to make a a a, a judgment in this case 2004 01:41:44,205 --> 01:41:48,885 because the burden is on the applicant to sh 2005 01:41:49,105 --> 01:41:54,025 to show that he needs a variance. 2006 01:41:55,685 --> 01:41:57,705 And he hasn't shown me why 2007 01:41:58,565 --> 01:42:00,825 he can't get a lot line adjustment 2008 01:42:01,845 --> 01:42:06,345 and fix the problem like others have said. 2009 01:42:07,905 --> 01:42:09,985 I don't know if he can, I don't know if he can't, 2010 01:42:10,165 --> 01:42:11,585 but he, the burn's on him 2011 01:42:11,605 --> 01:42:15,425 and he hasn't demonstrated to me that he's even tried. 2012 01:42:18,325 --> 01:42:22,585 So if we, if we act on it tonight, 2013 01:42:22,725 --> 01:42:26,385 I'm gonna vote no, but I don't think that's fair 2014 01:42:26,455 --> 01:42:30,105 because he might be able to solve the problem 2015 01:42:30,845 --> 01:42:31,945 and come into compliance. 2016 01:42:32,245 --> 01:42:35,585 So I would just assume table it, give him enough chance to 2017 01:42:36,375 --> 01:42:39,585 look over his options, come back to us 2018 01:42:39,615 --> 01:42:40,985 with either this proposal 2019 01:42:40,985 --> 01:42:44,665 because he can make a case that it's okay or revise 2020 01:42:44,885 --> 01:42:46,665 or revise his application. 2021 01:42:46,975 --> 01:42:50,785 That would make it perhaps even in con 2022 01:42:50,895 --> 01:42:52,505 conformance with the ordinance. 2023 01:42:52,725 --> 01:42:55,825 But either way a little more palatable. 2024 01:42:56,245 --> 01:42:57,905 So I'm not prepared to, 2025 01:42:58,445 --> 01:43:01,465 to make a vote without additional information. 2026 01:43:01,605 --> 01:43:03,705 So I I I'm for tabling it. 2027 01:43:04,565 --> 01:43:06,025 May I ask a question? Sure. 2028 01:43:07,325 --> 01:43:08,865 If we did a lot line adjustment 2029 01:43:10,095 --> 01:43:11,985 that would also require a variance 2030 01:43:12,295 --> 01:43:13,295 Perhaps. 2031 01:43:13,295 --> 01:43:16,305 No, it definitely does because six Pearl Street is already 2032 01:43:16,355 --> 01:43:19,105 below the minimum size for a lot in the CBD zone 2033 01:43:19,485 --> 01:43:21,105 and we would be making it smaller. 2034 01:43:21,565 --> 01:43:23,745 So that's definitely a variance. 2035 01:43:24,405 --> 01:43:28,025 So I guess would you feel more comfortable giving us a 2036 01:43:28,025 --> 01:43:29,665 variance for that than 2037 01:43:29,965 --> 01:43:30,965 For what's being proposed? 2038 01:43:30,965 --> 01:43:32,265 I'd have see the proposal, I'm not gonna, 2039 01:43:32,725 --> 01:43:34,305 I'm not gonna make a judgment right now. 2040 01:43:34,485 --> 01:43:39,465 That's fair. I I just, I'm trying 2041 01:43:39,465 --> 01:43:43,825 to be fair to you because based on your application right 2042 01:43:43,885 --> 01:43:48,785 now, my, I'm moving in the direction of a no vote. 2043 01:43:50,325 --> 01:43:51,845 But I think that there, 2044 01:43:52,485 --> 01:43:54,805 I I believe the applicant is acting in good faith. 2045 01:43:55,205 --> 01:43:58,525 I believe he's trying to do what's right for the community 2046 01:43:58,745 --> 01:44:01,405 and I think, I think he's willing to work toward 2047 01:44:02,225 --> 01:44:04,565 making this work for everybody. 2048 01:44:05,345 --> 01:44:08,245 And I think he should be able to have that opportunity 2049 01:44:08,245 --> 01:44:09,245 because if we say no, 2050 01:44:09,475 --> 01:44:11,245 he's not gonna get another bite of the apple. 2051 01:44:11,535 --> 01:44:13,285 Right. Unless he comes up 2052 01:44:13,285 --> 01:44:15,085 with something radically different. 2053 01:44:16,265 --> 01:44:19,245 And I don't wanna close off that, that possibility. 2054 01:44:19,585 --> 01:44:22,125 So I don't want to say what, you might come back 2055 01:44:22,125 --> 01:44:25,325 with another proposal and I'll still say no, I don't know. 2056 01:44:25,945 --> 01:44:28,885 But I, I just, if I, if I voted tonight, 2057 01:44:29,005 --> 01:44:31,805 I would probably say no and I'm, 2058 01:44:31,815 --> 01:44:33,005 You'd be back here in August 2059 01:44:33,005 --> 01:44:34,365 anyway. I'd rather, or September. 2060 01:44:34,985 --> 01:44:37,125 I'd rather A question for Ms. Owen. 2061 01:44:37,305 --> 01:44:40,205 It might be, I know we've touched on it already. 2062 01:44:41,265 --> 01:44:45,885 So contractor is allowed so he could park vehicles there, 2063 01:44:46,195 --> 01:44:47,365 have his garage. 2064 01:44:47,595 --> 01:44:50,725 It's the materials itself that can't be there. Correct. 2065 01:44:50,815 --> 01:44:52,965 Those would have to be moved, correct? 2066 01:44:53,185 --> 01:44:56,245 Yep. Or or stored Internally. Yeah, elsewhere. So 2067 01:44:59,005 --> 01:45:00,095 Tell me what you wanna do. 2068 01:45:03,615 --> 01:45:05,575 I guess we'll have to table this and 2069 01:45:07,355 --> 01:45:08,355 I'm back. 2070 01:45:08,355 --> 01:45:09,495 Wagons. Okay. 2071 01:45:10,955 --> 01:45:13,935 That's your request to go ahead and table? Yes sir. 2072 01:45:13,935 --> 01:45:17,655 Alright, very good. Applicant has asked for a table. 2073 01:45:18,715 --> 01:45:19,975 Mr. Beatle, you want a motion? 2074 01:45:20,855 --> 01:45:24,495 I make a motion to table this case until 2075 01:45:25,555 --> 01:45:28,095 August 20th. 2076 01:45:29,055 --> 01:45:31,415 20th, correct. 2026. 2077 01:45:32,075 --> 01:45:34,415 That's a date certain. I have a second, please. 2078 01:45:34,645 --> 01:45:38,015 I'll second. Okay. All in favor say aye. Aye. 2079 01:45:38,195 --> 01:45:39,575 Aye. Any opposed? 2080 01:45:39,725 --> 01:45:42,935 Hearing none, gentlemen will regroup and, 2081 01:45:44,115 --> 01:45:47,175 and see what you can do later. All right? Yes 2082 01:45:47,175 --> 01:45:48,175 Sir. 2083 01:45:56,755 --> 01:45:57,755 Do I, 2084 01:45:58,675 --> 01:46:01,695 I'm going to start to reorganize our meeting. 2085 01:46:03,715 --> 01:46:07,415 Our, our last case, Mr. Benson, I don't know 2086 01:46:07,415 --> 01:46:08,975 that we're gonna get to you this evening. 2087 01:46:10,715 --> 01:46:14,215 You're welcome to ride it out and see, but we've got an hour 2088 01:46:14,235 --> 01:46:16,175 and 15 minutes of a scheduled meeting 2089 01:46:16,955 --> 01:46:19,895 and we've got 1, 2, 3, 4 cases. 2090 01:46:20,385 --> 01:46:22,575 Yours is the fourth of the, of those. 2091 01:46:23,305 --> 01:46:25,255 Would you like us to postpone you 2092 01:46:25,275 --> 01:46:27,535 to the next meeting instead of having you sit here? 2093 01:46:31,075 --> 01:46:32,335 That's August 20th, 2094 01:46:34,295 --> 01:46:35,295 I think I wait out. 2095 01:46:35,635 --> 01:46:38,815 Oh, okay, good. That's, that's fine. 2096 01:46:39,435 --> 01:46:43,055 We, we try, are trying to streamline what we can do, 2097 01:46:43,315 --> 01:46:47,095 but legislatively our hands are getting tied, 2098 01:46:47,795 --> 01:46:48,975 so, all right. 2099 01:46:49,066 --> 01:46:50,485 Right. Let's go on to the next one. 2100 01:46:51,225 --> 01:46:54,965 Tabled from the former meeting, Pinkerton Academy 2101 01:46:56,185 --> 01:47:00,965 and case number 26 dash nine. 2102 01:47:01,155 --> 01:47:02,045 Alright, thank you. 2103 01:47:08,265 --> 01:47:09,285 All right, so we have, 2104 01:47:09,605 --> 01:47:13,125 you have gentlemen have somebody remote as well from Maine. 2105 01:47:14,395 --> 01:47:16,645 They're just there to assist you in the event. 2106 01:47:16,645 --> 01:47:19,205 There's some questions from the board, correct? Correct. 2107 01:47:19,205 --> 01:47:22,005 Correct. Okay. Who's presenting? 2108 01:47:23,845 --> 01:47:24,925 Ed Kenny will be presenting. 2109 01:47:25,285 --> 01:47:28,005 I will be. My name is Ed Kenny, I'm with Watch Fire Signs. 2110 01:47:28,985 --> 01:47:32,525 You're Who? Ed Kenny? I'm with Watch Fire Signs. 2111 01:47:32,855 --> 01:47:33,885 Watch Fire. Okay. 2112 01:47:34,345 --> 01:47:35,405 And we do have the letter 2113 01:47:37,105 --> 01:47:41,085 and Mr. Henry, would you like to sit on this one? 2114 01:47:43,105 --> 01:47:46,045 Is the board okay with me sitting on this case since I'm 2115 01:47:46,075 --> 01:47:49,565 such a recent graduate of the school that is applying? 2116 01:47:50,805 --> 01:47:53,645 I think you'd have more. Do you want to sit on it 2117 01:47:53,645 --> 01:47:55,485 or do you not want to sit on It 2118 01:47:56,015 --> 01:47:59,005 Might be better if I sat on a different case since I have 2119 01:47:59,025 --> 01:48:02,085 so recently graduated from the institution in question. 2120 01:48:02,675 --> 01:48:05,445 Okay. Pull your diploma 2121 01:48:07,435 --> 01:48:08,435 Dust mine off. 2122 01:48:09,165 --> 01:48:11,045 I would just add there that I'm in a butter, 2123 01:48:11,145 --> 01:48:12,645 so I can't be a part of this. 2124 01:48:13,105 --> 01:48:15,845 So did you, did you pay them for your diploma? 2125 01:48:18,185 --> 01:48:19,445 No, the school board does. 2126 01:48:19,785 --> 01:48:21,885 School district did. Just personally, 2127 01:48:22,625 --> 01:48:23,625 Mr. 2128 01:48:23,625 --> 01:48:25,525 Dani, are you telling me you can't sit on this? Well, 2129 01:48:25,965 --> 01:48:27,565 I own a property that abuts this. 2130 01:48:27,705 --> 01:48:30,645 I'm, I'm listed on the as an abutter. 2131 01:48:31,435 --> 01:48:32,805 Okay. Is That a conflict? 2132 01:48:34,285 --> 01:48:36,165 Mr. Dome? You gotta sit on this. 2133 01:48:36,685 --> 01:48:38,085 I could probably come up with the reason why not. 2134 01:48:40,385 --> 01:48:42,245 I'm not trying to, I'm not a huge fantasize. 2135 01:48:42,305 --> 01:48:43,605 Why don't we just do four people? 2136 01:48:46,435 --> 01:48:50,325 Okay, gentlemen, please proceed. 2137 01:48:53,225 --> 01:48:56,685 By the way, we ask that you read the five criteria first on 2138 01:48:56,685 --> 01:48:58,485 your application as is presented 2139 01:48:59,395 --> 01:49:01,085 goes on the record for the board. Okay. 2140 01:49:01,915 --> 01:49:05,125 Okay. So again, my name is Ed Kenny. 2141 01:49:05,825 --> 01:49:07,925 I'm with watchfire Signs we're the manufacturer 2142 01:49:07,945 --> 01:49:11,045 of the digital display that Pinken is looking 2143 01:49:11,185 --> 01:49:12,805 to have installed on campus. 2144 01:49:14,765 --> 01:49:18,525 I am kind of filling in, so bear with me 2145 01:49:18,545 --> 01:49:19,845 as I, as I go along. 2146 01:49:22,065 --> 01:49:26,325 Excuse me. So, 0.1, the variance will not be in contrary 2147 01:49:27,105 --> 01:49:28,125 to the public interest 2148 01:49:28,125 --> 01:49:31,325 because the proposed sign is replacing an existing 2149 01:49:31,325 --> 01:49:35,205 freestanding sign that's substantially in the same location 2150 01:49:35,345 --> 01:49:37,165 and serves the same identification 2151 01:49:37,165 --> 01:49:39,685 and communication purpose currently 2152 01:49:39,685 --> 01:49:40,725 presented on the property. 2153 01:49:41,425 --> 01:49:44,325 The upgraded sign design will improve visibility, 2154 01:49:44,675 --> 01:49:48,205 readability, and overall aesthetics while maintaining a 2155 01:49:48,205 --> 01:49:50,365 professional appearance appropriate 2156 01:49:50,505 --> 01:49:53,165 for an educational campus environment. 2157 01:49:54,665 --> 01:49:56,525 The electronic message center will be used 2158 01:49:56,525 --> 01:49:59,485 for school related communication, including events, 2159 01:50:00,205 --> 01:50:02,165 schedules, announcements, athletics, 2160 01:50:02,225 --> 01:50:03,685 and community information. 2161 01:50:04,705 --> 01:50:07,405 The proposed sign will enhance communication with students, 2162 01:50:07,435 --> 01:50:10,845 parents, visitors in the community without negatively 2163 01:50:10,995 --> 01:50:13,125 impacting surrounded prop surrounding 2164 01:50:13,125 --> 01:50:14,285 properties or traffic safety. 2165 01:50:16,405 --> 01:50:18,365 The spirit of the ordinance is observed 2166 01:50:18,365 --> 01:50:21,685 because the intent of the ordinance is to promote safe, 2167 01:50:21,835 --> 01:50:24,845 effective, and aesthetically appropriate signage. 2168 01:50:25,545 --> 01:50:28,165 The proposed sign accomplishes these goals 2169 01:50:28,225 --> 01:50:30,285 by replacing an older sign structure 2170 01:50:30,315 --> 01:50:33,005 with a modern professionally designed monument sign 2171 01:50:33,075 --> 01:50:36,005 that improves legibility organization and appearance. 2172 01:50:36,665 --> 01:50:39,405 The electronic message center component is integrated into 2173 01:50:39,405 --> 01:50:40,445 the overall design 2174 01:50:40,585 --> 01:50:42,325 and it tasteful manner consistent 2175 01:50:42,485 --> 01:50:44,965 with other signage already existing on the 2176 01:50:44,965 --> 01:50:46,725 Pinkerton Academy campus. 2177 01:50:48,795 --> 01:50:50,525 Substantial justice is done 2178 01:50:50,525 --> 01:50:53,645 because granting the variance allows Pinkerton Academy 2179 01:50:53,945 --> 01:50:57,605 to modernize and improve an existing campus sign while 2180 01:50:57,975 --> 01:51:01,245 continuing to effectively communicate important school 2181 01:51:01,705 --> 01:51:02,965 and community information. 2182 01:51:03,705 --> 01:51:07,485 Denial of the variance would unnecessarily restrict the 2183 01:51:07,485 --> 01:51:10,965 school's ability to utilize modern communication methods 2184 01:51:11,115 --> 01:51:14,205 already commonly used by educational institutions 2185 01:51:14,665 --> 01:51:16,765 and community facilities throughout the region. 2186 01:51:17,825 --> 01:51:20,685 The benefit to the school and the community outweighs any 2187 01:51:20,685 --> 01:51:23,965 potential impact, particularly since the sign replaces an 2188 01:51:24,285 --> 01:51:26,165 existing structure and remains compatible 2189 01:51:27,205 --> 01:51:28,205 with the surrounding area. 2190 01:51:30,105 --> 01:51:32,525 The values of surrounding properties are not diminished 2191 01:51:32,525 --> 01:51:35,805 because the proposed sign is a significant aesthetic 2192 01:51:35,805 --> 01:51:37,685 improvement over the existing sign 2193 01:51:38,065 --> 01:51:40,205 and incorporates high quality materials, 2194 01:51:40,445 --> 01:51:43,365 professional design elements and landscape features. 2195 01:51:44,145 --> 01:51:46,445 The updated monument style design is intended 2196 01:51:46,465 --> 01:51:47,645 to compliment the character 2197 01:51:47,645 --> 01:51:49,085 of the campus and surrounding area. 2198 01:51:49,705 --> 01:51:51,965 The electronic message center is integrated into this 2199 01:51:52,125 --> 01:51:53,485 structure in a cohesive manner 2200 01:51:53,705 --> 01:51:56,685 and will be used primarily for school related messaging. 2201 01:51:57,905 --> 01:51:59,765 The overall appearance of the property 2202 01:51:59,765 --> 01:52:01,445 and surrounding corridor will be improved 2203 01:52:01,465 --> 01:52:04,485 by replacing the existing sign existing aging sign. 2204 01:52:04,485 --> 01:52:06,445 With a modern well-maintained structure, 2205 01:52:08,585 --> 01:52:10,205 Little enforcement of the provisions 2206 01:52:10,205 --> 01:52:13,365 of the audience result in a unnecessary hardship 2207 01:52:13,365 --> 01:52:16,965 because for purpose of this paragraph, blah, blah, blah, 2208 01:52:17,665 --> 01:52:19,685 no fair and substantial relationship exists 2209 01:52:19,685 --> 01:52:21,245 between the general public purpose 2210 01:52:21,425 --> 01:52:22,805 of the ordinance provision 2211 01:52:23,025 --> 01:52:24,725 and the specific application of 2212 01:52:24,725 --> 01:52:26,125 that provision to the property. 2213 01:52:26,125 --> 01:52:29,285 Because the proposed sign is replacing existing free 2214 01:52:29,445 --> 01:52:30,565 standing sign already served 2215 01:52:30,565 --> 01:52:32,645 as against the location on campus. 2216 01:52:33,365 --> 01:52:35,885 The request is not for a new commercial sign location, 2217 01:52:35,905 --> 01:52:37,805 but rather a modernization 2218 01:52:37,905 --> 01:52:40,845 of an existing school identification sign that is used 2219 01:52:40,845 --> 01:52:43,925 for campus communication and public information. 2220 01:52:44,905 --> 01:52:47,045 Pinton Academy is a large educational campus 2221 01:52:47,155 --> 01:52:49,165 with significant daily vehicle traffic, 2222 01:52:49,685 --> 01:52:51,445 multiple access points, and frequent 2223 01:52:51,505 --> 01:52:52,885 school and community events. 2224 01:52:53,745 --> 01:52:56,045 The electronic message center component is intended 2225 01:52:56,045 --> 01:52:59,045 to provide timely communication related to school functions, 2226 01:52:59,925 --> 01:53:02,085 athletics, scheduling, emergency messaging, 2227 01:53:02,105 --> 01:53:03,965 and commer community notices. 2228 01:53:05,225 --> 01:53:07,565 The proposed sign will remain consistent with the character 2229 01:53:07,565 --> 01:53:08,965 of the property and the surrounding area 2230 01:53:09,145 --> 01:53:10,965 and will improve the overall appearance 2231 01:53:10,965 --> 01:53:12,285 of the existing sign location. 2232 01:53:12,985 --> 01:53:15,205 Strict application of the ordinance in this case would 2233 01:53:15,205 --> 01:53:17,405 prevent the school from utilizing modern communication 2234 01:53:17,555 --> 01:53:20,805 methods and reasonably that reasonably serve the needs 2235 01:53:20,805 --> 01:53:22,045 of the campus and community. 2236 01:53:23,665 --> 01:53:25,405 The proposed use is a reasonable one 2237 01:53:25,405 --> 01:53:28,925 because the proposed sign, the proposed sign is educational 2238 01:53:29,025 --> 01:53:30,845 and informational in nature 2239 01:53:31,025 --> 01:53:32,205 and directly related 2240 01:53:32,225 --> 01:53:34,725 to the ongoing operations of Pinkerton Academy. 2241 01:53:35,425 --> 01:53:38,085 The electronic message center is appropriately integrated 2242 01:53:38,275 --> 01:53:40,645 into the professional design monument sign 2243 01:53:40,645 --> 01:53:42,085 that replaces an older 2244 01:53:42,605 --> 01:53:45,245 existing structure in substantially the same location. 2245 01:53:46,185 --> 01:53:49,325 The scale design and function of the sign are appropriate 2246 01:53:49,345 --> 01:53:51,045 for the size and nature of the campus. 2247 01:53:51,505 --> 01:53:53,245 And similar signage already exists, 2248 01:53:53,245 --> 01:53:54,645 uhwhere elsewhere on the property. 2249 01:53:55,465 --> 01:53:58,605 The sign will continue to serve students, parents, staff, 2250 01:53:58,965 --> 01:54:01,045 visitors in the community while improving visibility, 2251 01:54:01,185 --> 01:54:04,365 safety, communication at a and aesthetics at the site. 2252 01:54:06,605 --> 01:54:08,645 If the criter and paragraph A are not established, 2253 01:54:08,705 --> 01:54:11,245 an unnecessary hardship will be deemed to exist. 2254 01:54:11,385 --> 01:54:13,445 If and only if owing to special conditions 2255 01:54:13,445 --> 01:54:16,245 of the property dis distinguish it from other properties in 2256 01:54:16,245 --> 01:54:19,725 the area, the property cannot be reasonably used in a strict 2257 01:54:19,875 --> 01:54:21,245 conformance with the ordinance. 2258 01:54:21,665 --> 01:54:23,445 And a variance is therefore necessary 2259 01:54:23,465 --> 01:54:25,685 to enable reasonable use of it. 2260 01:54:25,685 --> 01:54:27,125 Because pick 2261 01:54:27,125 --> 01:54:29,485 and Earn Academy functions as a large educational campus 2262 01:54:29,515 --> 01:54:31,725 that requires effective communication with students, 2263 01:54:32,245 --> 01:54:34,365 families, staff, visitors, and the surrounding community. 2264 01:54:35,345 --> 01:54:37,525 Due to the scale of the campus, the volume of traffic 2265 01:54:37,585 --> 01:54:39,565 and the frequency of school and community events. 2266 01:54:39,885 --> 01:54:41,445 A modern communication sign 2267 01:54:41,445 --> 01:54:44,445 with electronic message center capability is reasonable 2268 01:54:44,465 --> 01:54:46,965 and necessary component of the property's operation. 2269 01:54:48,235 --> 01:54:49,845 Without the request of re variance, 2270 01:54:49,865 --> 01:54:51,365 the school would be limited in stability 2271 01:54:51,365 --> 01:54:53,005 of communicate timely 2272 01:54:53,005 --> 01:54:56,085 and important information in an effective manner consistent 2273 01:54:56,085 --> 01:54:58,325 with current educational and community standards. 2274 01:54:59,065 --> 01:55:01,645 The proposed sign replaces an existing sign in a similar 2275 01:55:02,045 --> 01:55:04,365 location and is designed to enhance the appearance 2276 01:55:04,365 --> 01:55:06,725 of the property while maintaining compatibility 2277 01:55:06,725 --> 01:55:07,725 with the surrounding area. 2278 01:55:10,635 --> 01:55:14,925 Okay. In your own words, What's that? I'm sorry. 2279 01:55:15,305 --> 01:55:19,005 In your own words, anything further? 2280 01:55:19,425 --> 01:55:21,205 Excuse me. I'm sorry. Anything further? 2281 01:55:22,825 --> 01:55:25,765 Not at the moment, no. Okay. Questions from the board. 2282 01:55:28,005 --> 01:55:29,305 How big is the existing sign? 2283 01:55:30,945 --> 01:55:35,385 The existing sign is, hold on. 2284 01:55:36,575 --> 01:55:39,985 It's basically identical to what's there now. 2285 01:55:40,575 --> 01:55:43,105 It's a little over eight foot tall in height, 2286 01:55:43,725 --> 01:55:45,285 a little over eight foot wide. 2287 01:55:46,065 --> 01:55:49,885 The existing signage is exactly the same in terms 2288 01:55:49,945 --> 01:55:51,725 of height and width. 2289 01:55:53,175 --> 01:55:54,175 Thank you. 2290 01:55:55,745 --> 01:55:57,445 The, how far from the road is it? 2291 01:55:59,045 --> 01:56:00,525 It's gonna be setback, 2292 01:56:02,045 --> 01:56:03,365 I think it's a little feet over 10 feet. 2293 01:56:03,365 --> 01:56:04,645 Feet. 20 feet. 20 feet, 2294 01:56:04,745 --> 01:56:06,645 20 feet from the road edge? Yep. 2295 01:56:06,905 --> 01:56:10,165 So it does conform to the code as far as setback 2296 01:56:10,185 --> 01:56:14,205 for signs in the, in the MD 2297 01:56:15,105 --> 01:56:18,245 medium high density residential. 2298 01:56:18,535 --> 01:56:19,535 Sorry about that. 2299 01:56:24,545 --> 01:56:28,205 The, the intent of the ordinance is to promote safe, 2300 01:56:28,235 --> 01:56:31,165 effective, and aesthetically appropriate signage. 2301 01:56:31,225 --> 01:56:33,445 The proposed sign accomplishes these goals 2302 01:56:33,545 --> 01:56:35,245 by replacing an older sign structure 2303 01:56:35,245 --> 01:56:38,285 of the modern professionally designed monument sign. 2304 01:56:40,225 --> 01:56:43,725 The electronic messaging center component is integrated into 2305 01:56:43,725 --> 01:56:45,845 the overall design, a tasteful manner. 2306 01:56:47,265 --> 01:56:51,965 You understand the criteria for frequency of the changing 2307 01:56:52,065 --> 01:56:53,405 of the, of the letters. 2308 01:56:54,985 --> 01:56:57,765 Is there a brightness stipulation there as well, Ms. Owen? 2309 01:56:57,835 --> 01:57:01,445 Correct. Yep. And I think one of the things that, 2310 01:57:01,875 --> 01:57:06,605 that often is looked at as electronic messaging centers are 2311 01:57:07,285 --> 01:57:08,525 becoming more predominant 2312 01:57:08,865 --> 01:57:11,165 and frequent, you know, the requests, 2313 01:57:11,165 --> 01:57:13,765 it's the changing time, energy savings 2314 01:57:14,025 --> 01:57:15,485 and so on and so forth. 2315 01:57:16,145 --> 01:57:20,365 But you know, as a distra is a safety distraction of images 2316 01:57:20,475 --> 01:57:23,165 that could draw someone's eye off of traffic 2317 01:57:23,305 --> 01:57:24,685 and run over a student. 2318 01:57:27,345 --> 01:57:28,525 So you understand that? 2319 01:57:29,935 --> 01:57:34,705 Yeah. So there's, you know, a, the couple of points as far 2320 01:57:34,785 --> 01:57:38,865 as the message hold time, it's completely 2321 01:57:39,425 --> 01:57:42,705 programmable to comply with whatever the ordinance is 2322 01:57:42,705 --> 01:57:44,025 as far as they message hold time. 2323 01:57:44,945 --> 01:57:46,145 I didn't see anything 2324 01:57:46,725 --> 01:57:49,865 or I don't recall anything in the ordinances to 2325 01:57:49,865 --> 01:57:51,025 what the actual hold time is, 2326 01:57:52,605 --> 01:57:55,625 but it's programmable to comply with the code. 2327 01:57:56,725 --> 01:57:59,465 The brightness levels comply with the code as far as the, 2328 01:57:59,645 --> 01:58:00,785 you know, total brightness, 2329 01:58:01,335 --> 01:58:03,225 automatic dimming throughout the day 2330 01:58:03,335 --> 01:58:04,785 into twilight and nighttime. 2331 01:58:05,765 --> 01:58:08,025 It meets the, excuse me, the, 2332 01:58:08,245 --> 01:58:11,425 it actually excuses the 0.3 candles 2333 01:58:12,745 --> 01:58:14,225 measured at a hundred feet, I believe it was. 2334 01:58:14,455 --> 01:58:19,425 Okay. So Wafi sign, we are the premier manufacturer 2335 01:58:19,425 --> 01:58:21,625 of digital signage in the industry. 2336 01:58:22,965 --> 01:58:27,345 We actually help set the standards for outdoor advertising. 2337 01:58:28,225 --> 01:58:32,425 Outdoor advertising guidelines. 2338 01:58:32,685 --> 01:58:36,705 So we've met with billboard operators, 2339 01:58:38,365 --> 01:58:40,465 the International Sign Association. 2340 01:58:40,475 --> 01:58:42,325 We've met with different dark sky groups 2341 01:58:43,905 --> 01:58:47,125 and everyone's in agreement, you know, with the, the, 2342 01:58:48,665 --> 01:58:50,845 the specifications we put forth meet 2343 01:58:50,865 --> 01:58:54,645 or exceed any, any ordinance within the country. 2344 01:58:55,385 --> 01:58:58,765 All right, so permitted uses of such signs 2345 01:58:58,795 --> 01:59:02,085 that are in the two commercial zones, an industrial zone, 2346 01:59:02,475 --> 01:59:05,605 this is in a medium density residential zone. 2347 01:59:07,185 --> 01:59:11,045 How do you justify that, that aspect, that hardship, 2348 01:59:11,075 --> 01:59:12,405 that spear of the ordinance? 2349 01:59:13,365 --> 01:59:15,725 I think it boils down to the uniqueness of the property. 2350 01:59:16,985 --> 01:59:18,405 You know, pinking Pinkerton is a 2351 01:59:18,945 --> 01:59:22,285 120 acre campus in the middle of a residential zone. 2352 01:59:22,285 --> 01:59:26,725 They have 22 buildings on site, multiple entrances. 2353 01:59:27,395 --> 01:59:31,365 They serve 3,100 students over 500 faculty. 2354 01:59:32,985 --> 01:59:37,285 So it's, it's very unique to the, the district itself. 2355 01:59:38,905 --> 01:59:43,045 You know, I understand digital signage not being allowed in 2356 01:59:43,045 --> 01:59:44,885 a residential area. 2357 01:59:44,955 --> 01:59:47,765 Part of the ordinances, you, you know, for residential area, 2358 01:59:47,785 --> 01:59:50,765 you don't wanna sign this distracting is too bright at night 2359 01:59:51,065 --> 01:59:53,885 or shining any neighbor's window and so forth. 2360 01:59:55,785 --> 01:59:59,645 The location of the proposed signage, with the exception 2361 01:59:59,645 --> 02:00:04,285 of one property, it's completely enveloped by the campus. 2362 02:00:05,155 --> 02:00:06,605 There's the buildings on one side, 2363 02:00:06,605 --> 02:00:07,845 the athletic fields on the other. 2364 02:00:08,605 --> 02:00:12,365 There's not another resident within several hundred yards. 2365 02:00:13,985 --> 02:00:16,605 The only resident on the property. 2366 02:00:17,765 --> 02:00:20,565 I took a picture, which I can share with the group. 2367 02:00:20,845 --> 02:00:24,685 I have handouts. The only resident within 2368 02:00:25,075 --> 02:00:28,645 that would have any viewable, you know, 2369 02:00:30,005 --> 02:00:31,245 capacity of the digital sign. 2370 02:00:32,475 --> 02:00:36,805 They're at an angle well over 40 degrees to one side. 2371 02:00:37,945 --> 02:00:41,165 And the, the view from the resonance 2372 02:00:41,185 --> 02:00:44,565 to the sign is completely blocked by evergreen trees. 2373 02:00:44,785 --> 02:00:46,925 So pine trees, they don't lose their, 2374 02:00:48,215 --> 02:00:49,685 their leaves or anything in the winter. 2375 02:00:49,825 --> 02:00:53,005 So there's no worry about, you know, shining in the, 2376 02:00:53,405 --> 02:00:54,445 a residence in the middle 2377 02:00:54,445 --> 02:00:55,725 of the winter or anything like that. 2378 02:00:55,865 --> 02:00:57,645 So I think it's, 2379 02:00:57,665 --> 02:00:59,365 So, so could you say that the, 2380 02:00:59,365 --> 02:01:01,125 because of the size of the campus 2381 02:01:01,435 --> 02:01:05,645 that this sign is serving primarily to the campus 2382 02:01:06,305 --> 02:01:09,205 and the campus becomes an island of its own, 2383 02:01:09,835 --> 02:01:10,965 excluding it from 2384 02:01:11,145 --> 02:01:12,765 or meeting the spirit of the ordinance, 2385 02:01:12,995 --> 02:01:16,245 excluding it from the rest of the criteria in that zone? 2386 02:01:16,805 --> 02:01:17,925 I, I think the uniqueness 2387 02:01:17,925 --> 02:01:19,445 of the property definitely does, yes. 2388 02:01:19,595 --> 02:01:22,765 Okay. Alright. Anybody else have any questions, Mr. 2389 02:01:22,795 --> 02:01:23,795 Dietzel? 2390 02:01:26,585 --> 02:01:27,845 No, I, I had questions, 2391 02:01:27,985 --> 02:01:30,205 but I, I think they were addressed 2392 02:01:31,315 --> 02:01:34,205 just name mainly on the, the hardship. 2393 02:01:34,305 --> 02:01:39,045 He, when he was going over a, he went the, 2394 02:01:39,045 --> 02:01:40,485 the pur for the purpose of this, 2395 02:01:40,555 --> 02:01:42,365 this paragraph, da da da da. 2396 02:01:42,715 --> 02:01:45,765 Well, he kind of da da da da over the most important part. 2397 02:01:45,785 --> 02:01:47,285 And that was the nature and the, 2398 02:01:47,345 --> 02:01:49,125 the special conditions of the property. 2399 02:01:49,745 --> 02:01:51,605 But he went on to explain that. 2400 02:01:52,185 --> 02:01:56,605 And so I think 2401 02:01:56,605 --> 02:01:58,645 that question has been answered. So thank you, 2402 02:01:58,705 --> 02:01:59,705 Mr. 2403 02:01:59,705 --> 02:02:01,885 Chair. Ms. Mor, I have none at Mr. Trip. 2404 02:02:03,585 --> 02:02:04,585 All set 2405 02:02:05,345 --> 02:02:06,485 At, at present. 2406 02:02:06,915 --> 02:02:10,445 Okay. Mr. Donlin, I'm gonna hold off for now. 2407 02:02:10,445 --> 02:02:11,645 Mr. Okay, Ms. Owen, you wanna 2408 02:02:11,645 --> 02:02:13,405 help us with the staff report? Sure. 2409 02:02:13,405 --> 02:02:16,085 I don't have a lot of new information to add, but, okay. 2410 02:02:16,085 --> 02:02:20,565 We can move on. I'll just kind of reiterate the facts. 2411 02:02:20,665 --> 02:02:23,125 So the applicant's seeking approval 2412 02:02:23,225 --> 02:02:25,605 to allow the installation of a 48 square foot 2413 02:02:26,245 --> 02:02:29,405 freestanding sign that it will be illuminated, 2414 02:02:29,845 --> 02:02:31,845 that includes a 16 square foot electronic 2415 02:02:31,845 --> 02:02:32,925 message center sign. 2416 02:02:33,425 --> 02:02:37,405 So as we are aware that the, they're looking 2417 02:02:37,405 --> 02:02:39,485 to replace the existing deteriorating sign, 2418 02:02:39,515 --> 02:02:41,045 it's in a little bit of a different location, 2419 02:02:41,105 --> 02:02:42,765 but they did provide the vicinity map 2420 02:02:42,765 --> 02:02:45,725 that meets the setbacks Property is located in the medium 2421 02:02:45,755 --> 02:02:48,765 high density residential district, which does not permit 2422 02:02:49,785 --> 02:02:52,205 or doesn't even address non-residential signs 2423 02:02:52,265 --> 02:02:53,325 in the neighborhood. 2424 02:02:53,905 --> 02:02:57,325 And as we're aware, electronic message center signs are 2425 02:02:57,325 --> 02:02:59,285 currently only permitted in the general commercial, 2426 02:02:59,285 --> 02:03:02,285 general commercial four and industrial four districts. 2427 02:03:03,425 --> 02:03:05,445 So that's why they're here this evening for the variance. 2428 02:03:06,025 --> 02:03:09,165 So if appro, so for the, they're seeking the variance 2429 02:03:09,165 --> 02:03:13,525 for the sign and for the EMC if approved, 2430 02:03:13,665 --> 02:03:16,805 the condition for the electronic message center is required 2431 02:03:16,805 --> 02:03:21,085 to operate in accordance with section 1 65 0.101 point 11. 2432 02:03:21,985 --> 02:03:24,405 And so appropriate sign permits will be required. 2433 02:03:28,035 --> 02:03:30,935 Is the visibility the reason 2434 02:03:30,935 --> 02:03:34,375 that you're relocating the sign to closer to the road edge? 2435 02:03:35,815 --> 02:03:37,255 I think it has more to do with 2436 02:03:38,765 --> 02:03:41,975 that existing structure isn't just such disrepair. 2437 02:03:43,215 --> 02:03:45,375 I you had a picture of it previously. 2438 02:03:46,195 --> 02:03:48,975 The stone base is deteriorating, crumbling. 2439 02:03:49,925 --> 02:03:54,015 There's, there's footings below that brick base 2440 02:03:55,605 --> 02:03:58,735 that are not adequate, you know, for the, 2441 02:03:58,735 --> 02:04:01,055 for the new signage, what, you know, you would consider, 2442 02:04:01,235 --> 02:04:03,335 you know, what's required today. 2443 02:04:04,155 --> 02:04:08,215 So to put it in the exact same location would 2444 02:04:09,315 --> 02:04:11,935 be more difficult than moving it, you know, 2445 02:04:12,085 --> 02:04:14,455 several feet away from where it is now. 2446 02:04:15,515 --> 02:04:19,295 And it will be easier to see from the roadway where 2447 02:04:19,295 --> 02:04:22,895 that one is kind of set back into the driveway a little bit 2448 02:04:22,895 --> 02:04:24,735 more, you know, 2449 02:04:26,125 --> 02:04:28,415 keeping in conformance with the code 2450 02:04:28,415 --> 02:04:31,815 and a 20 foot setback, you know, there the, 2451 02:04:31,875 --> 02:04:33,775 the new location will just have better 2452 02:04:33,775 --> 02:04:34,855 visibility from the road. 2453 02:04:37,065 --> 02:04:40,005 The, the sign as it's, 2454 02:04:40,305 --> 02:04:44,085 the new sign proposal is not on piers, it's on a, 2455 02:04:44,285 --> 02:04:46,565 a solid base similar to the one that's there. 2456 02:04:46,635 --> 02:04:50,725 Correct. And the one that's there is not worthy of 2457 02:04:51,395 --> 02:04:53,045 tearing off of the footings 2458 02:04:53,045 --> 02:04:55,285 and then setting this back on top of it, 2459 02:04:56,985 --> 02:05:01,805 If you look at that, excuse me, that previous picture, 2460 02:05:03,515 --> 02:05:07,925 that brick base, the, 2461 02:05:07,985 --> 02:05:11,725 the sign shop, Bailey sign had done a site survey 2462 02:05:12,145 --> 02:05:15,565 and you know, beneath that brick base, 2463 02:05:16,905 --> 02:05:21,245 you know, there's a a, a concrete footing that all of 2464 02:05:21,245 --> 02:05:24,805 that sits on and the steel poles sit on the steel poles 2465 02:05:24,805 --> 02:05:26,085 themselves are in disrepair. 2466 02:05:26,105 --> 02:05:27,885 So they're not reusable. 2467 02:05:28,865 --> 02:05:32,285 The concrete footing that's there, it's been there for, 2468 02:05:33,825 --> 02:05:35,285 for a very, very long time. 2469 02:05:36,265 --> 02:05:38,045 And there's concern that, you know, 2470 02:05:38,715 --> 02:05:40,445 what they could see was not in great shape 2471 02:05:40,445 --> 02:05:42,005 and there's concern that there would just be 2472 02:05:42,005 --> 02:05:45,205 so much disrepair that they would have 2473 02:05:45,205 --> 02:05:47,285 to completely dig out, you know, that 2474 02:05:47,905 --> 02:05:50,765 entire concrete footing and, 2475 02:05:50,785 --> 02:05:53,845 and start over from scratch where, you know, having 2476 02:05:53,875 --> 02:05:57,005 that sign move just a little bit further away 2477 02:05:58,185 --> 02:06:00,405 to give it better visibility from the road 2478 02:06:01,535 --> 02:06:03,085 still conform to the ordinance. 2479 02:06:03,105 --> 02:06:06,805 As far as a setback, it's a more cost effects of option 2480 02:06:07,185 --> 02:06:10,445 and in the end it gives better visibility 2481 02:06:11,425 --> 02:06:13,565 to people traveling down North Main Street. 2482 02:06:14,385 --> 02:06:19,325 You can see that existing sign, you know, it's probably 30 2483 02:06:19,665 --> 02:06:23,125 to, I'll call it 30 feet into the driveway. 2484 02:06:24,505 --> 02:06:27,405 So, and there's, you know, if you look on the north side of 2485 02:06:27,405 --> 02:06:31,125 that street, there are trees that block the visibility. 2486 02:06:31,925 --> 02:06:33,605 I believe that's a tree blocking visibility. 2487 02:06:35,105 --> 02:06:38,125 So the, the new location, it's, you know, 2488 02:06:38,185 --> 02:06:39,605 it serves the same purpose. 2489 02:06:39,985 --> 02:06:43,005 It just increases, you know, the visibility. 2490 02:06:43,105 --> 02:06:44,445 We will be better 2491 02:06:45,205 --> 02:06:49,445 and it's a more cost effective option than digging down, 2492 02:06:49,945 --> 02:06:53,165 you know, six feet to find dilapidated concrete, 2493 02:06:53,225 --> 02:06:55,685 remove it all, re excavate that area 2494 02:06:56,825 --> 02:06:58,365 and pour a new base. 2495 02:06:58,915 --> 02:07:02,165 Okay. Alright. Anybody else? So Mr. Trip, go ahead. 2496 02:07:04,605 --> 02:07:09,135 I assume you're going to, when you install the new sign, 2497 02:07:09,755 --> 02:07:11,655 you're gonna remove the old one, right? 2498 02:07:11,685 --> 02:07:16,095 Correct. Yes. Alright, so if you remove the old one, 2499 02:07:17,795 --> 02:07:19,575 why couldn't you put the new one 2500 02:07:20,185 --> 02:07:21,575 where the old one used to be? 2501 02:07:22,035 --> 02:07:25,135 So when you look at that old sign, what you can see 2502 02:07:25,225 --> 02:07:28,535 above ground is not the entire structure. So, so 2503 02:07:28,535 --> 02:07:32,135 You're not gonna remove the entirety of the old sign. 2504 02:07:32,795 --> 02:07:35,365 The, so the, the concrete footing 2505 02:07:35,365 --> 02:07:36,765 that would be below that? 2506 02:07:37,425 --> 02:07:41,605 Yes. Brick veneer I, that can most likely stay 2507 02:07:42,355 --> 02:07:43,525 some landscaping over 2508 02:07:43,525 --> 02:07:44,845 that you'll never even know it's there. 2509 02:07:45,675 --> 02:07:47,405 Okay. So you answered my question. Yeah, 2510 02:07:49,425 --> 02:07:53,675 I'll set, you'll set Mr. Trip or no? 2511 02:07:54,585 --> 02:07:55,795 Currently. Okay. 2512 02:07:56,415 --> 02:07:57,595 If you're not, that's fine. 2513 02:07:58,025 --> 02:07:59,155 What, do you have another question? 2514 02:08:00,055 --> 02:08:02,315 No, it was just, you know, 2515 02:08:02,375 --> 02:08:06,115 if you're taking the oat sign out, you know, 2516 02:08:06,815 --> 02:08:08,915 but you're not taking the oat sign out, 2517 02:08:08,915 --> 02:08:10,715 you're removing the visible portion. 2518 02:08:11,945 --> 02:08:15,475 Yeah. I mean that, that concrete footing, if I were 2519 02:08:15,475 --> 02:08:18,595 to guess is probably goes down maybe two feet. 2520 02:08:19,375 --> 02:08:22,315 So it's, you know, it's probably 36 inches 2521 02:08:22,375 --> 02:08:23,595 by two feet by eight feet. 2522 02:08:24,665 --> 02:08:27,755 This is significant, significant weight to it. Yeah. 2523 02:08:27,755 --> 02:08:30,515 To remove it is not an easy task. 2524 02:08:30,895 --> 02:08:32,715 Are you're gonna put a, a similar base 2525 02:08:32,715 --> 02:08:33,755 in the new sign, right? 2526 02:08:34,295 --> 02:08:37,035 Yes. Much easier to break ground on virgin ground than 2527 02:08:37,145 --> 02:08:39,835 digging through or removing any existing concrete. 2528 02:08:39,905 --> 02:08:42,835 Yeah. Tell you, find some 2529 02:08:42,835 --> 02:08:44,075 And that's, that's just the labor portion. 2530 02:08:44,105 --> 02:08:47,355 Just the, the fact that you have better visibility from the 2531 02:08:47,355 --> 02:08:51,395 road at the new location is probably the, 2532 02:08:51,415 --> 02:08:52,435 the more important reason. 2533 02:08:53,305 --> 02:08:54,475 Well, better visibility 2534 02:08:54,545 --> 02:08:56,875 with an electronic messaging sign is one 2535 02:08:56,875 --> 02:09:00,115 of the bigger impacts or pushbacks that we get. 2536 02:09:00,735 --> 02:09:04,235 And why? It's, why it's sometimes objectable Yeah. 2537 02:09:04,905 --> 02:09:07,955 That and people don't like signs in residential areas. 2538 02:09:09,205 --> 02:09:12,875 Right? Right. And you know, again, just the, 2539 02:09:13,855 --> 02:09:17,395 the uniqueness of the property, you know, there's, 2540 02:09:18,395 --> 02:09:21,115 I I don't have the full zoning map in front of me, 2541 02:09:21,135 --> 02:09:24,355 but there's not a resident that will be able to see 2542 02:09:24,385 --> 02:09:27,435 that sign while they're home or in their yard 2543 02:09:27,655 --> 02:09:28,995 or anything else. 2544 02:09:29,185 --> 02:09:30,915 It's, it's serving the community. 2545 02:09:31,025 --> 02:09:35,755 It's, I mean, you, it's a, it's a residential district 2546 02:09:35,755 --> 02:09:38,515 with no residents that live within several 2547 02:09:38,515 --> 02:09:39,715 hundred yards of the display. 2548 02:09:40,095 --> 02:09:41,555 So the house that's next to the, 2549 02:09:41,975 --> 02:09:42,975 That's the only one. 2550 02:09:43,215 --> 02:09:45,195 And I, you know, I, I, 2551 02:09:45,225 --> 02:09:47,795 Well then that's, there's, it's wrong for you 2552 02:09:47,795 --> 02:09:49,955 to say there's no resident in the area. 2553 02:09:50,435 --> 02:09:54,665 I misspoke. There's one. Well, thank you 2554 02:09:55,485 --> 02:09:56,485 Mr. 2555 02:09:56,485 --> 02:09:56,865 Donald. You all set 2556 02:09:57,805 --> 02:09:58,385 For now? Mr. 2557 02:09:58,385 --> 02:10:01,265 Chair? Ms. Moore? I'm all set. Mr. Dietzel. All set, Mr. 2558 02:10:01,265 --> 02:10:02,785 Chair. All right, very good. Let's take a 2559 02:10:02,785 --> 02:10:03,865 call to public then. 2560 02:10:04,265 --> 02:10:06,825 Anybody who wishes to support this application, 2561 02:10:06,825 --> 02:10:08,345 this should be your opportunity to come forward. 2562 02:10:09,805 --> 02:10:11,625 I'm not seeing anybody rise for that one. 2563 02:10:12,185 --> 02:10:14,865 Anybody in opposition to this application? 2564 02:10:14,865 --> 02:10:17,745 This would be your opportunity to come forward and be heard. 2565 02:10:18,965 --> 02:10:20,585 All right, gentlemen, I guess you're safe there. 2566 02:10:21,665 --> 02:10:24,825 Any last questions? I do, yes. Mr. Donlin, 2567 02:10:24,965 --> 02:10:28,945 In the digital era that we live in nowadays, 2568 02:10:30,115 --> 02:10:34,445 could you expand on the need for the digital aspect 2569 02:10:34,445 --> 02:10:37,725 of this sign for messaging when emails 2570 02:10:37,825 --> 02:10:39,365 and text messages are so easy 2571 02:10:39,385 --> 02:10:40,805 to send out to either the school? 2572 02:10:42,235 --> 02:10:46,085 Yeah, so if you look at all the studies as far as 2573 02:10:47,755 --> 02:10:50,925 what sort of, you know, lack of better term marketing 2574 02:10:51,625 --> 02:10:54,925 or messaging or communication, which forms 2575 02:10:56,585 --> 02:10:57,605 are the most effective? 2576 02:10:58,285 --> 02:11:00,885 Digital fi digital signage exceeds 2577 02:11:00,895 --> 02:11:02,045 every other form out there. 2578 02:11:02,445 --> 02:11:06,205 Whether it's news, radio, email, text, 2579 02:11:07,545 --> 02:11:10,045 you know, I'm a resident of Manchester, New Hampshire. 2580 02:11:10,185 --> 02:11:11,885 My daughter just graduated from high school. 2581 02:11:15,205 --> 02:11:18,685 I don't, I I got over a dozen texts a week 2582 02:11:19,245 --> 02:11:20,285 from the school district. 2583 02:11:20,925 --> 02:11:21,925 I never read any of 'em. 2584 02:11:22,105 --> 02:11:24,965 It just, you know, I didn't care if school bus five 2585 02:11:24,985 --> 02:11:26,085 was going to be late today. 2586 02:11:26,105 --> 02:11:27,125 My daughter wasn't on the bus. 2587 02:11:29,065 --> 02:11:31,365 You know, the students come from, 2588 02:11:33,195 --> 02:11:34,445 they're not all localized. 2589 02:11:34,445 --> 02:11:36,525 They come from all over. 2590 02:11:38,145 --> 02:11:42,965 Pretty much every student, every parent, including the staff 2591 02:11:43,595 --> 02:11:46,925 will go by the sign every day. 2592 02:11:47,305 --> 02:11:51,565 So, you know, the ability to reach 2593 02:11:51,595 --> 02:11:56,565 that broad of a public base is, you know, 2594 02:11:56,565 --> 02:11:58,125 there, there's no other form 2595 02:11:58,125 --> 02:11:59,685 of communication that's more effective. 2596 02:12:00,665 --> 02:12:04,405 Not to mention, you know, Pinkerton is, you know, 2597 02:12:04,565 --> 02:12:05,805 a a member of the community. 2598 02:12:07,105 --> 02:12:10,725 So, you know, putting messages up for 2599 02:12:11,275 --> 02:12:15,125 community events that normally wouldn't 2600 02:12:16,035 --> 02:12:17,925 receive an email or a text message. 2601 02:12:18,835 --> 02:12:22,285 Emergency alerts, you know, emergencies on campus, 2602 02:12:22,625 --> 02:12:23,805 things along those lines. 2603 02:12:24,045 --> 02:12:28,605 There's no way to reach the public with that outside of, 2604 02:12:28,745 --> 02:12:30,045 you know, the digital messaging. 2605 02:12:33,095 --> 02:12:34,515 That's kind of where I was going with it. 2606 02:12:34,615 --> 02:12:38,835 So it would be fair to say that utilizing the gym 2607 02:12:38,855 --> 02:12:40,355 for voting say, or shows 2608 02:12:40,355 --> 02:12:42,635 that Stockbridge might be advertised on that sign 2609 02:12:42,635 --> 02:12:44,875 where you might not get a text if you're not a student? 2610 02:12:45,655 --> 02:12:50,575 That's correct. And if the building, 2611 02:12:51,155 --> 02:12:52,935 the gym is also the town's shelter. 2612 02:12:53,475 --> 02:12:56,175 So say the shelter was open, we'd have the ability 2613 02:12:56,175 --> 02:12:58,695 to put it up on the sign that shelter is open here 2614 02:12:59,395 --> 02:13:00,775 for the town pending. 2615 02:13:00,795 --> 02:13:04,175 We had power, If we had power, 2616 02:13:05,035 --> 02:13:06,415 but it can be gener, 2617 02:13:06,525 --> 02:13:08,335 generator can probably run that as well. 2618 02:13:09,185 --> 02:13:12,055 Thank you. All set. Mr. Doman? Yes, sir. Okay. 2619 02:13:12,055 --> 02:13:13,255 Mr. Trip, back to you. 2620 02:13:13,995 --> 02:13:16,335 So do you, 2621 02:13:16,835 --> 02:13:19,495 do you anticipate the sign usage 2622 02:13:21,515 --> 02:13:22,735 to include something like 2623 02:13:23,325 --> 02:13:25,695 what you've shown home of the Astros? 2624 02:13:28,255 --> 02:13:31,885 I mean, it's, it's a pretty good rendering, you know, 2625 02:13:34,405 --> 02:13:38,285 athletic events, things like that would obviously be part 2626 02:13:38,285 --> 02:13:42,565 of the message that's, that's put out there, you know, 2627 02:13:42,985 --> 02:13:45,325 but it's, you know, key dates, 2628 02:13:45,325 --> 02:13:46,685 important dates coming, events. 2629 02:13:47,545 --> 02:13:49,605 So mostly textual. What's 2630 02:13:49,725 --> 02:13:50,725 That? 2631 02:13:50,725 --> 02:13:52,845 Mostly textual messages. Yes. Yeah. 2632 02:13:52,915 --> 02:13:54,605 With the t with the what? 2633 02:13:55,115 --> 02:13:57,285 Nothing. I mean, 2634 02:13:57,285 --> 02:13:59,125 we have a great example right here in town. 2635 02:13:59,145 --> 02:14:00,965 If you've driven by the dairy public library, 2636 02:14:02,385 --> 02:14:04,205 that's a watchfire digital sign. 2637 02:14:04,205 --> 02:14:05,565 It's actually a little bit larger than 2638 02:14:05,565 --> 02:14:09,685 what they're proposing here, which is appropriate 2639 02:14:09,685 --> 02:14:10,605 because it's stepped back 2640 02:14:10,645 --> 02:14:11,725 a little bit further from the road. 2641 02:14:13,105 --> 02:14:15,165 But I think if you were to look at dairy, 2642 02:14:15,945 --> 02:14:19,405 the public library, every message they have on there is done 2643 02:14:19,405 --> 02:14:21,365 in a, a tasteful manner. 2644 02:14:21,765 --> 02:14:23,365 It's actually the screen saver on my computer. 2645 02:14:23,585 --> 02:14:26,525 So it's, it's my, the, my favorite picture 2646 02:14:26,525 --> 02:14:29,405 of a sign I've taken in, in my entire territory. 2647 02:14:31,495 --> 02:14:32,715 And I've never noticed it. 2648 02:14:35,395 --> 02:14:36,715 I actually probably have, but it 2649 02:14:36,715 --> 02:14:37,915 doesn't stand out in my head. 2650 02:14:38,065 --> 02:14:40,315 Well that's, that's, that's mostly used 2651 02:14:40,315 --> 02:14:41,875 for events, you know? 2652 02:14:41,995 --> 02:14:43,275 'cause I go to the library quite a bit 2653 02:14:43,415 --> 02:14:46,875 and I, I do look at it, you know, when they talk about 2654 02:14:47,415 --> 02:14:51,035 events that they're holding in the, in the library 2655 02:14:51,535 --> 02:14:53,755 and sometimes even the events 2656 02:14:53,755 --> 02:14:56,395 that are held in McGregor Park. So, 2657 02:14:57,095 --> 02:14:58,435 You know, so I mean, you know, 2658 02:14:59,855 --> 02:15:02,195 the school would be utilizing it basically the same 2659 02:15:02,195 --> 02:15:03,355 manner that the library does. 2660 02:15:03,705 --> 02:15:08,035 Yeah. All set. Mr. Tripp? 2661 02:15:08,395 --> 02:15:10,155 I am all set for now. 2662 02:15:10,225 --> 02:15:11,995 Okay. Did I call the public already? 2663 02:15:13,655 --> 02:15:16,915 You did? Yeah. Okay. Good enough. Ms. 2664 02:15:16,915 --> 02:15:18,075 Dietzel? You all set? All 2665 02:15:18,075 --> 02:15:18,675 Set, Mr. Chair? 2666 02:15:18,785 --> 02:15:20,555 Well that being said, we can take a motion 2667 02:15:20,575 --> 02:15:21,955 to go into deliberation. 2668 02:15:22,985 --> 02:15:25,435 I'll make a motion to go into deliberative session. 2669 02:15:26,015 --> 02:15:27,395 Mr. Donlin, who wants 2670 02:15:27,395 --> 02:15:28,595 to second, can we hear from the court? 2671 02:15:28,975 --> 02:15:31,515 Yes. He just told me. I asked, I called. I didn't hear her. 2672 02:15:33,255 --> 02:15:34,395 You wanna second his motion? 2673 02:15:35,105 --> 02:15:36,995 I'll second the motion to go into deliberation. 2674 02:15:37,635 --> 02:15:42,275 A all in favor of deliberation, say aye. Aye. He opposed. 2675 02:15:42,545 --> 02:15:45,195 Okay. Who wants 2676 02:15:45,195 --> 02:15:48,275 to start off Mr. Donlin? 2677 02:15:48,905 --> 02:15:53,835 Sure. As we know, the digital signs, 2678 02:15:53,845 --> 02:15:56,075 especially in the residential areas, tend 2679 02:15:56,075 --> 02:15:58,675 to be a hot topic throughout the community at times. 2680 02:16:00,915 --> 02:16:05,275 I, I feel like the uniqueness of this property 2681 02:16:07,225 --> 02:16:10,565 in the residential area not being very residentially, 2682 02:16:11,385 --> 02:16:12,485 for lack of a better term, 2683 02:16:12,585 --> 02:16:15,725 and the, the use for the community and such, like the voting 2684 02:16:15,785 --> 02:16:19,925 and other things around the, that might be 2685 02:16:20,555 --> 02:16:23,485 appropriate for the community, not just the students 2686 02:16:23,545 --> 02:16:25,725 or at lodge or the staff. 2687 02:16:26,235 --> 02:16:30,965 That it, it goes 2688 02:16:31,025 --> 02:16:34,925 beyond a reasonable, like it in a good way. 2689 02:16:35,315 --> 02:16:39,805 That it, that it's, they've proven the need in my opinion. 2690 02:16:42,235 --> 02:16:43,805 Okay. Mr. Zel? 2691 02:16:46,225 --> 02:16:49,355 Yeah, I, I agree with Mr. Donlin. 2692 02:16:50,715 --> 02:16:55,355 I, I think clearly the first four criteria are met. 2693 02:16:55,355 --> 02:16:57,715 It goes back to the, the, the hardship 2694 02:16:58,215 --> 02:17:00,115 and the uniqueness of the property 2695 02:17:00,255 --> 02:17:02,435 and the special conditions surrounding the property. 2696 02:17:02,815 --> 02:17:07,395 And I am concerned that there is one ofbut 2697 02:17:07,495 --> 02:17:08,555 who might be affected. 2698 02:17:08,935 --> 02:17:12,875 But when you look at that stretch of North Main Street, 2699 02:17:13,775 --> 02:17:16,395 all the activities that's going on with the, the, 2700 02:17:16,535 --> 02:17:18,715 the crosswalks and the children crossing 2701 02:17:18,715 --> 02:17:19,715 and the sporting events. 2702 02:17:19,715 --> 02:17:23,315 And the voting. And it, I just don't see that it's 2703 02:17:23,915 --> 02:17:27,195 unreasonable to add this one 2704 02:17:28,245 --> 02:17:31,995 small sign to such a big busy area. 2705 02:17:32,975 --> 02:17:34,475 And so that's the, 2706 02:17:34,815 --> 02:17:38,155 and so disallowing a variance 2707 02:17:38,175 --> 02:17:40,275 for it would cause an unreasonable hardship. 2708 02:17:42,625 --> 02:17:44,435 Okay. Mrs. Moore. 2709 02:17:45,495 --> 02:17:46,715 So I agree. 2710 02:17:46,795 --> 02:17:48,555 I like the new sign 2711 02:17:48,555 --> 02:17:50,875 because if you're from around here, 2712 02:17:50,895 --> 02:17:53,435 you'll tell people it's at the Hackler. 2713 02:17:54,015 --> 02:17:57,435 But to what? The Hackler 'cause it's the name of the gym. 2714 02:17:57,735 --> 02:18:00,195 It, the old side doesn't have the address. 2715 02:18:00,295 --> 02:18:03,315 It doesn't say Fields House or any of that. 2716 02:18:03,615 --> 02:18:08,475 So we'll use a craft fair for ex, you know, example. 2717 02:18:08,715 --> 02:18:10,675 'cause I know that's a lot of foot traffic 2718 02:18:11,615 --> 02:18:13,995 to say it's at five Rein Street. 2719 02:18:14,015 --> 02:18:17,835 Having the address on that will be helpful. 2720 02:18:18,855 --> 02:18:21,235 The only thing I really wish is that they could put, like, 2721 02:18:21,235 --> 02:18:22,435 parking lot is full. 2722 02:18:22,695 --> 02:18:27,675 So we all know the parking lot, which parking lot is full, 2723 02:18:27,675 --> 02:18:29,995 which parking lot does have open spots, 2724 02:18:30,695 --> 02:18:32,115 but maybe in the next sign. 2725 02:18:33,105 --> 02:18:35,915 Well that's, that's true. They 2726 02:18:35,915 --> 02:18:37,075 Can put that message on the sign. 2727 02:18:37,075 --> 02:18:38,315 It's digital. Yeah. 2728 02:18:38,475 --> 02:18:40,075 Crystal, the Careful 2729 02:18:40,195 --> 02:18:45,035 deliberation. Mr. Trip. 2730 02:18:45,785 --> 02:18:50,275 Well the, looking at section 1 65 dash 2731 02:18:50,335 --> 02:18:54,955 1 0 1 1, the only things that I see 2732 02:18:55,105 --> 02:18:59,915 that this sign is not compliant with would be that it's 2733 02:19:01,225 --> 02:19:05,115 over 24 square feet and that it's an m 2734 02:19:05,375 --> 02:19:08,755 and it's in a residential district now. 2735 02:19:09,755 --> 02:19:13,195 So having fought this battle 2736 02:19:13,195 --> 02:19:18,075 before, I believe that we've determined that 2737 02:19:19,595 --> 02:19:22,715 businesses, and I believe Pinkerton is a business 2738 02:19:24,065 --> 02:19:25,065 Longest standing. 2739 02:19:25,355 --> 02:19:27,645 I said it's the longest standing business in town. 2740 02:19:28,705 --> 02:19:33,125 No, it's a, it's a, a business is, is permitted to 2741 02:19:36,725 --> 02:19:41,215 advertise where they are in the town with a sign 2742 02:19:42,675 --> 02:19:46,295 and advertise what their products are. 2743 02:19:47,115 --> 02:19:51,375 It being a electronic, electronic sign, you know, that's a, 2744 02:19:52,075 --> 02:19:54,655 that's even better because, you know, as we know, 2745 02:19:55,365 --> 02:19:57,335 Pinkerton has a lot of products. 2746 02:19:58,155 --> 02:20:01,535 You know, the, so 2747 02:20:03,095 --> 02:20:07,615 I, I believe that's a, 2748 02:20:07,695 --> 02:20:08,775 a plus on this. 2749 02:20:09,435 --> 02:20:12,735 And as for the electronic sign, as, as the applicant said, 2750 02:20:13,235 --> 02:20:17,215 you know, the old sign was, well, you had to go out 2751 02:20:17,215 --> 02:20:18,895 and put letters on. 2752 02:20:19,755 --> 02:20:23,455 You know, the, the ability to 2753 02:20:25,315 --> 02:20:29,055 change the messages electronically, you know, 2754 02:20:29,435 --> 02:20:30,735 is a, is a great benefit. 2755 02:20:31,515 --> 02:20:35,495 You know, especially when we're having football games 2756 02:20:35,635 --> 02:20:39,175 or baseball games or basketball games 2757 02:20:40,235 --> 02:20:43,295 or elections, you know, so 2758 02:20:46,535 --> 02:20:51,335 I, I see that, I believe that the new sign 2759 02:20:53,185 --> 02:20:55,685 is, is, is a benefit to the community. 2760 02:20:57,895 --> 02:21:02,635 Okay. Anything else? You good? 2761 02:21:03,135 --> 02:21:05,555 I'm good. Alright, great. Alright. 2762 02:21:07,755 --> 02:21:09,035 I think weighing out the balance 2763 02:21:09,055 --> 02:21:11,435 of five criteria is something that was established 2764 02:21:12,115 --> 02:21:17,075 a long time ago before the criteria became so stringent. 2765 02:21:18,215 --> 02:21:20,715 Understandably, we can see the deterioration 2766 02:21:20,875 --> 02:21:24,315 of the former sign and its need for replacement. 2767 02:21:24,615 --> 02:21:28,755 The question is, you know, how the, how the future 2768 02:21:30,075 --> 02:21:32,355 continues to evolve and affects that. 2769 02:21:33,515 --> 02:21:37,515 I don't find that the ask on this as, 2770 02:21:37,615 --> 02:21:40,915 as reg egregious as it seems 2771 02:21:41,065 --> 02:21:44,275 that electronic messaging signs are not being 2772 02:21:46,585 --> 02:21:50,275 more appropriately addressed in our ordinances. 2773 02:21:50,975 --> 02:21:54,875 So I'm going to, I feel fairly supportive of this 2774 02:21:55,425 --> 02:22:00,115 understanding that the criteria is easily upheld 2775 02:22:01,295 --> 02:22:05,115 as far as its luminance and its ability to change 2776 02:22:05,215 --> 02:22:07,635 and become a distraction to traffic. 2777 02:22:08,995 --> 02:22:12,235 I was a little taken back by the fact 2778 02:22:12,235 --> 02:22:13,555 that it's not in the same place 2779 02:22:13,555 --> 02:22:16,955 because that had stood out to me 2780 02:22:17,255 --> 02:22:20,155 and I didn't know that to be contrary 2781 02:22:20,155 --> 02:22:21,715 before we sat down tonight. 2782 02:22:22,525 --> 02:22:27,405 Other than that, I, I think overall this is a reasonable fit 2783 02:22:27,465 --> 02:22:28,845 and a reasonable request 2784 02:22:29,585 --> 02:22:32,685 as Pinkerton is a 10 acre island upon itself. 2785 02:22:33,385 --> 02:22:36,565 And this can become service to the community 2786 02:22:37,025 --> 02:22:39,565 and certainly serves the student body there 2787 02:22:39,705 --> 02:22:41,365 of 3,400 students. 2788 02:22:42,785 --> 02:22:46,445 Anyway, let's structure the, the motion. 2789 02:22:46,925 --> 02:22:49,645 I think we have just the, 2790 02:22:52,245 --> 02:22:53,925 I lost my track of what I was 2791 02:22:54,595 --> 02:22:58,005 looking at the motion. 2792 02:23:01,475 --> 02:23:03,455 Can I borrow your motion sheet for a second? 2793 02:23:04,215 --> 02:23:05,335 I think I might have figured out 2794 02:23:05,335 --> 02:23:06,895 where my missing motions went. 2795 02:23:11,605 --> 02:23:15,135 Subject to obtaining all State Town permits and inspections 2796 02:23:15,435 --> 02:23:19,375 and the electronic message center signed shall operate in 2797 02:23:19,375 --> 02:23:24,335 accordance with section described in within the ordinance. 2798 02:23:25,605 --> 02:23:27,775 Does anybody have any other conditions they 2799 02:23:27,775 --> 02:23:28,935 wish to add to that? 2800 02:23:30,765 --> 02:23:35,695 Does the signed permit in included in the 2801 02:23:35,695 --> 02:23:37,535 subject to obtaining all state 2802 02:23:37,555 --> 02:23:39,255 and town permits and inspections? 2803 02:23:41,395 --> 02:23:43,895 Yes. You got that Mr. Trip? 2804 02:23:45,575 --> 02:23:46,575 I, I I heard 2805 02:23:46,575 --> 02:23:47,575 That. 2806 02:23:47,575 --> 02:23:48,815 Yes. Nod. You saw them. You heard the nod? Yes. 2807 02:23:49,015 --> 02:23:50,975 I understand. Okay. Good enough. 2808 02:23:51,365 --> 02:23:53,655 Alright, we've structured the motion. 2809 02:23:54,215 --> 02:23:57,815 Take a motion to come on deliberate de deliberation, please. 2810 02:23:59,125 --> 02:24:01,735 I'll make that motion to come outta deliberation. Thank 2811 02:24:01,735 --> 02:24:02,735 You. 2812 02:24:02,735 --> 02:24:04,095 Second. Seconded by Mr. Donlin. 2813 02:24:04,095 --> 02:24:06,895 All in favor of coming outta deliberation, say aye. A aye. 2814 02:24:07,155 --> 02:24:09,735 Aye. Any opposed? Mrs. Moore, you have a motion to read? 2815 02:24:10,055 --> 02:24:14,455 I do. Thank you. I make a motion on case number two six 2816 02:24:14,685 --> 02:24:19,535 dash 1 1 9 to grant a variance to the terms 2817 02:24:19,795 --> 02:24:22,015 of Article 12, section 2818 02:24:22,955 --> 02:24:27,015 1 65 dash 1 0 1 1 2819 02:24:27,635 --> 02:24:31,335 and article 12, section 1 65 dash 2820 02:24:32,045 --> 02:24:35,375 0 1 1 of the town 2821 02:24:35,375 --> 02:24:38,935 of Derry zoning ordinance to allow the insulation 2822 02:24:39,075 --> 02:24:43,095 of a 48 square foot freestanding sign 2823 02:24:43,785 --> 02:24:48,335 containing a 16 square foot electronic message 2824 02:24:48,435 --> 02:24:50,215 center sign replacing 2825 02:24:50,795 --> 02:24:54,975 and existing free standing sign parcel ID 2826 02:24:55,125 --> 02:25:00,015 4 3 0 0 1 zoned MHDR as presented 2827 02:25:00,015 --> 02:25:01,415 with the following conditions. 2828 02:25:01,635 --> 02:25:05,255 We have two, one subject to obtaining l State 2829 02:25:05,315 --> 02:25:07,255 and town permits and inspections. 2830 02:25:08,035 --> 02:25:11,855 Two. Electronic message center sign shall operate in 2831 02:25:12,265 --> 02:25:13,815 accordance with section 2832 02:25:14,755 --> 02:25:19,135 1 65 0.1011 2833 02:25:19,235 --> 02:25:21,415 of the Town of Dairy zoning ordinance. 2834 02:25:21,995 --> 02:25:23,245 And that completes the reading 2835 02:25:23,245 --> 02:25:24,645 of the motion. I need a second, 2836 02:25:25,225 --> 02:25:27,325 Second Seconded by Mr. 2837 02:25:27,455 --> 02:25:29,125 Tripp that puts that on the floor. 2838 02:25:30,155 --> 02:25:33,245 This, this case was not contested by any 2839 02:25:34,965 --> 02:25:39,165 abutters either for or opposed to this application. 2840 02:25:39,595 --> 02:25:43,645 Therefore, I would accept ask for acceptance 2841 02:25:43,645 --> 02:25:45,365 to abbreviate the finding of fact. 2842 02:25:46,335 --> 02:25:48,245 Thank you. Second. All right. Thank you. 2843 02:25:48,245 --> 02:25:51,645 Finding of fact for case number 26 dash one 19. 2844 02:25:51,785 --> 02:25:54,645 The applicant desires to replace a deteriorated sign. 2845 02:25:54,945 --> 02:25:56,925 The application is in medium high density 2846 02:25:56,925 --> 02:25:58,845 residential District central. 2847 02:25:58,905 --> 02:26:00,565 The application is a request 2848 02:26:00,585 --> 02:26:02,165 for an electronic messaging center 2849 02:26:02,165 --> 02:26:04,445 where a backlit reader board was 2850 02:26:04,465 --> 02:26:07,965 before electronic messages centers are permitted in two 2851 02:26:07,965 --> 02:26:10,565 commercial zones and the industrial zone only. 2852 02:26:10,985 --> 02:26:13,365 The board also includes all facts found in the meeting 2853 02:26:13,365 --> 02:26:14,565 minutes for this application 2854 02:26:14,945 --> 02:26:17,445 and incorporates all meeting minutes into its finding 2855 02:26:17,505 --> 02:26:18,965 of facts and decisions. 2856 02:26:19,155 --> 02:26:22,125 Anybody wish to add any addendums to that? No sir. 2857 02:26:22,125 --> 02:26:23,125 Seeing no gestures. 2858 02:26:23,225 --> 02:26:27,045 All in favor of moving this vote for this motion for a vote. 2859 02:26:27,145 --> 02:26:31,405 Say aye. Aye. Aye. Any opposed Mr. 2860 02:26:33,915 --> 02:26:38,325 Dietzel? Yes. Mark their votes please. Mr. Trip? 2861 02:26:38,785 --> 02:26:43,725 Yes. Mr. Donlin? Yes. Mr. I. Sorry, Ms. Mor. 2862 02:26:43,985 --> 02:26:46,205 Yes. And the chair will make that unanimous 2863 02:26:46,205 --> 02:26:47,405 by a vote of five to zero. 2864 02:26:47,545 --> 02:26:50,645 So congratulations gentlemen. Anybody agree by this? 2865 02:26:50,645 --> 02:26:53,325 Of course, has 30 days to ask this board for rehearing, 2866 02:26:53,325 --> 02:26:55,045 otherwise reports superior court. 2867 02:26:55,675 --> 02:26:57,765 Okay. Thank you very much. Thank you very much. 2868 02:26:58,115 --> 02:26:58,845 Have a good evening. 2869 02:27:03,133 --> 02:27:06,965 This next case up is case number 26 dash one 20, 2870 02:27:07,285 --> 02:27:08,965 Ackerman family revocable trust. 2871 02:27:25,035 --> 02:27:28,005 Gentlemen, how are you? Good. How are introduce yourselves? 2872 02:27:28,625 --> 02:27:30,565 My name is Peter Rockerman. Okay. 2873 02:27:30,825 --> 02:27:33,125 And I'm Brian Jones with Allen Major Associates. 2874 02:27:33,865 --> 02:27:35,525 We are the civil engineer on the project. 2875 02:27:35,705 --> 02:27:38,245 And, and we ask that you read the five criteria 2876 02:27:38,265 --> 02:27:40,325 for the record first and then we'll get into 2877 02:27:40,325 --> 02:27:41,765 the barrage of questions. Okay? 2878 02:27:41,765 --> 02:27:44,085 Certainly. Mr. Chair, if I may before you get started. 2879 02:27:44,445 --> 02:27:46,965 Yes sir. I'll be restarting the, 2880 02:27:47,025 --> 02:27:49,365 it looks like the PC was accidentally hit the computer, 2881 02:27:49,385 --> 02:27:50,405 so I'll be just starting that. 2882 02:27:50,915 --> 02:27:52,085 Well, don't do that guys. 2883 02:27:52,625 --> 02:27:56,285 And would point a, would you like 2884 02:27:56,285 --> 02:27:57,605 to appoint someone to the case? 2885 02:27:58,005 --> 02:27:59,965 I would. The computer's down. 2886 02:28:00,705 --> 02:28:02,845 Mr. Dani, can you sit on this one please? 2887 02:28:03,265 --> 02:28:04,485 Yes I can. Alright, 2888 02:28:04,595 --> 02:28:05,595 Very good. 2889 02:28:05,625 --> 02:28:08,565 Mr Dial, did you catch that? He can sit on this one. 2890 02:28:09,145 --> 02:28:12,125 He can. Oh good. John, you all 2891 02:28:12,125 --> 02:28:13,125 Set? 2892 02:28:13,125 --> 02:28:13,805 Thank you. Yes. I think that only 2893 02:28:13,805 --> 02:28:14,805 Makes for though, Mr. 2894 02:28:14,805 --> 02:28:16,125 Chair. All right. The chatter 2895 02:28:16,125 --> 02:28:17,685 and the blueberries make it worthwhile. 2896 02:28:17,745 --> 02:28:18,745 Go ahead. 2897 02:28:19,275 --> 02:28:21,005 This is for a front yard setback 2898 02:28:21,265 --> 02:28:24,605 for a billing addition in low density residential zone. 2899 02:28:24,865 --> 02:28:29,085 And criteria number one, the variance will not be contrary 2900 02:28:29,185 --> 02:28:30,245 to the public interest 2901 02:28:30,245 --> 02:28:33,285 because it'll not alter the essential character 2902 02:28:33,285 --> 02:28:35,925 of the neighborhood or threaten the public's health, 2903 02:28:36,185 --> 02:28:37,245 safety, or welfare. 2904 02:28:38,305 --> 02:28:41,165 The proposed development includes an existing residential 2905 02:28:41,405 --> 02:28:44,965 duplex building that's approximately 45 feet from the right 2906 02:28:44,965 --> 02:28:48,405 of way and parking for four cars along the front. 2907 02:28:48,465 --> 02:28:50,605 Inside of the structure. The size 2908 02:28:50,605 --> 02:28:53,285 and style of the proposed building addition are consistent 2909 02:28:53,285 --> 02:28:54,725 with others in the neighborhood. 2910 02:28:56,125 --> 02:28:58,925 Two, the spirit of the ordinance is observed 2911 02:28:58,925 --> 02:29:02,885 because residential duplex structures are allowed in the 2912 02:29:02,885 --> 02:29:06,165 current use and the massing of the proposed garage 2913 02:29:06,225 --> 02:29:09,005 and structure are similar in size for the neighborhood 2914 02:29:09,775 --> 02:29:11,325 while maintaining the current alignment 2915 02:29:11,385 --> 02:29:12,725 of the existing parking area. 2916 02:29:13,305 --> 02:29:16,685 The orientation of the garage allows for flow vehicles, 2917 02:29:16,685 --> 02:29:19,685 which residents have been accustomed to since the mid 1980s 2918 02:29:20,355 --> 02:29:22,005 when the structure was constructed. 2919 02:29:22,785 --> 02:29:25,165 Number three, substantial justice is done 2920 02:29:25,165 --> 02:29:28,525 because the site plan as designed is consistent 2921 02:29:28,525 --> 02:29:29,765 with surrounding uses. 2922 02:29:30,305 --> 02:29:32,645 Denial of the variance would require the entire development 2923 02:29:32,645 --> 02:29:36,605 to be extended to the north resulting in an impact 2924 02:29:36,605 --> 02:29:40,605 to the existing septic field for the the entire project. 2925 02:29:41,235 --> 02:29:44,365 This would create an unnecessary visual discontinuity 2926 02:29:44,365 --> 02:29:46,405 and alter the existing character of the neighborhood. 2927 02:29:47,105 --> 02:29:49,445 The general public does not stand the benefit from 2928 02:29:49,445 --> 02:29:50,525 de denying the request. 2929 02:29:51,405 --> 02:29:55,485 The lot sizes conforming the proposed use is per permitted 2930 02:29:55,705 --> 02:29:58,365 and the site plan has been designed to a high standard 2931 02:29:58,385 --> 02:30:00,805 to protect the interests of the surrounding properties. 2932 02:30:01,865 --> 02:30:04,565 Number four, as stated above, the use is allowed 2933 02:30:05,505 --> 02:30:07,325 and consistent with the neighborhood. 2934 02:30:07,825 --> 02:30:10,685 The project maintains the existing streets, scape 2935 02:30:10,685 --> 02:30:13,925 and neighborhood character while providing a residential use 2936 02:30:13,935 --> 02:30:16,645 compatible with surrounding properties. 2937 02:30:17,665 --> 02:30:20,805 And number five liter literal enforcement of the provisions 2938 02:30:20,805 --> 02:30:23,925 of the ordinance would result in an unnecessary hardship. 2939 02:30:25,405 --> 02:30:29,525 A i and I'll read our response. 2940 02:30:29,525 --> 02:30:32,205 Enforcement of the ordinance provision would require the 2941 02:30:32,205 --> 02:30:33,725 development to be designed in a way 2942 02:30:33,725 --> 02:30:35,085 that would make it inconsistent 2943 02:30:35,085 --> 02:30:37,445 with the surrounding neighborhood, which is counter 2944 02:30:37,545 --> 02:30:39,525 to the spirit and intent of the ordinance. 2945 02:30:40,205 --> 02:30:43,565 And I'd add that special conditions of this property, 2946 02:30:44,785 --> 02:30:46,405 that's not the property. 2947 02:30:49,005 --> 02:30:52,525 Mr. Prevention, we have the wrong video up there. 2948 02:30:54,875 --> 02:30:57,325 It's 300 island. That's for The next case. Yeah. 2949 02:30:57,595 --> 02:30:59,845 Case one 20. My apologies. My apologies. 2950 02:31:00,225 --> 02:31:01,765 No, it's fine. No problem. 2951 02:31:02,205 --> 02:31:04,165 Probably when the applicant bumped the table right. 2952 02:31:05,075 --> 02:31:07,525 Pull up the wrong one. When the, when this reset, 2953 02:31:08,005 --> 02:31:09,365 I, I was just gonna state that 2954 02:31:10,055 --> 02:31:11,885 there are special conditions for this property. 2955 02:31:11,885 --> 02:31:13,605 It's wedge shaped. It's a lot 2956 02:31:13,605 --> 02:31:15,565 with existing non-conforming frontage, 2957 02:31:16,205 --> 02:31:19,805 which prevents placing the garage to the side without impact 2958 02:31:19,805 --> 02:31:21,485 to the existing septic system. 2959 02:31:22,595 --> 02:31:23,595 Turn it back to the chair. 2960 02:31:25,585 --> 02:31:28,245 Do you, you don't have anything else you want to add? 2961 02:31:29,505 --> 02:31:31,245 Oh, we can talk about the uniqueness 2962 02:31:31,425 --> 02:31:32,885 of the, the building addition. 2963 02:31:33,285 --> 02:31:37,085 Mr. Ackerman is laid it out. It has very specific uses. 2964 02:31:38,345 --> 02:31:40,965 Mr. Ackman, can you enlighten the board as to the purpose 2965 02:31:41,025 --> 02:31:42,165 of the, the addition? 2966 02:31:42,795 --> 02:31:45,045 Well, so I think the garage itself certainly 2967 02:31:45,045 --> 02:31:46,325 speaks for itself. 2968 02:31:46,395 --> 02:31:50,485 We'd like to have a garage, but over that we'll have a room 2969 02:31:50,485 --> 02:31:54,085 that we're gonna build for my son who has special needs. 2970 02:31:55,625 --> 02:31:59,605 He does a lot of home care and a lot of therapy at home. 2971 02:32:00,465 --> 02:32:03,285 He just reacts a lot better when we do do it at home. 2972 02:32:03,345 --> 02:32:05,565 So over time we're trying to do more and more of that. 2973 02:32:05,665 --> 02:32:08,365 And this will create a space for him as opposed 2974 02:32:08,365 --> 02:32:10,925 to being jammed into a very small corner of the basement 2975 02:32:11,705 --> 02:32:15,245 for a two to four hour session with a therapist. 2976 02:32:19,915 --> 02:32:22,525 This is a two family townhouse, correct? 2977 02:32:22,795 --> 02:32:24,485 It's Duplex. It's duplex, yeah. Plex. 2978 02:32:24,485 --> 02:32:25,845 Yeah. And 2979 02:32:28,715 --> 02:32:31,485 what is the actual size of this structure? 2980 02:32:32,435 --> 02:32:34,445 Because you have about three 2981 02:32:34,505 --> 02:32:38,125 or four different size descriptions 2982 02:32:38,765 --> 02:32:40,005 throughout your whole packet. 2983 02:32:41,145 --> 02:32:43,285 Do you know the square footage of the building edition 2984 02:32:43,545 --> 02:32:46,685 Of the entire, the entire edition or just the garage? 2985 02:32:47,555 --> 02:32:51,325 Well, you have on your propo on your drawing plan, 2986 02:32:51,385 --> 02:32:54,405 you have a proposed 30 by 30 foot garage 2987 02:32:55,945 --> 02:32:59,245 on another document you have another size designated. 2988 02:33:00,865 --> 02:33:04,525 It is 30 by 34. 2989 02:33:05,545 --> 02:33:09,125 And then on, I think another plan, you have it 2990 02:33:09,125 --> 02:33:11,205 as a 32 by 34. 2991 02:33:12,185 --> 02:33:16,525 So this is gonna go back to the hardship aspect for me. 2992 02:33:17,905 --> 02:33:19,925 Not because there's different sizes, but 2993 02:33:19,925 --> 02:33:22,845 because of the overall size of your, of the structure. 2994 02:33:22,985 --> 02:33:25,445 But I'd like to know what the actual proposed 2995 02:33:25,515 --> 02:33:26,805 size of the structure is. 2996 02:33:26,805 --> 02:33:28,285 Sounds like you may have two different, 2997 02:33:28,615 --> 02:33:30,605 maybe there was an old one and a new one. 2998 02:33:33,525 --> 02:33:35,525 I do not have the plans in front of me. 2999 02:33:35,645 --> 02:33:39,365 I just have that's not 3000 02:33:39,545 --> 02:33:40,925 so 34 by 32. 3001 02:33:43,835 --> 02:33:45,485 Yeah. So this plan here says 3002 02:33:47,945 --> 02:33:48,965 30 by 30. 3003 02:33:50,385 --> 02:33:52,325 That's, that's the size that we would live 3004 02:33:52,325 --> 02:33:53,605 with if a variance was granted. 3005 02:33:54,625 --> 02:33:58,285 The 30 by 30 is correct. Is your application size. 3006 02:33:59,745 --> 02:34:04,405 Yes. So with this structure being the way it is, 3007 02:34:08,945 --> 02:34:13,005 How does putting this size of a garage, 3008 02:34:13,745 --> 02:34:17,565 you know, really make, make sense in this indication? 3009 02:34:18,145 --> 02:34:20,565 You're, you know, you're coming into the, 3010 02:34:20,945 --> 02:34:24,525 and it kind of refutes your testimony, right? 3011 02:34:24,995 --> 02:34:27,885 Similar structures along the way, 3012 02:34:27,945 --> 02:34:32,285 but you're coming into this a 35 foot setback, you know, 3013 02:34:32,285 --> 02:34:34,925 you're asking for relief at 17 feet. 3014 02:34:35,985 --> 02:34:38,805 The size of the garage would be a concern, right? 3015 02:34:38,825 --> 02:34:42,005 If somebody wants to build a hundred by a hundred foot house 3016 02:34:42,665 --> 02:34:44,645 and you know, on a quarter acre lot 3017 02:34:44,645 --> 02:34:46,645 and then they tell you they need relief, you say, 3018 02:34:46,645 --> 02:34:48,405 well you need to build a smaller house. 3019 02:34:48,405 --> 02:34:50,405 Right? It's that kind of philosophy. 3020 02:34:50,425 --> 02:34:55,245 So I I, for me, I really need to understand why a 30 3021 02:34:55,425 --> 02:34:59,685 by 30 foot garage is appropriate on a townhouse 3022 02:34:59,745 --> 02:35:02,365 and how it fits to the structure that's there. 3023 02:35:04,785 --> 02:35:09,045 So I I think the garage space is obviously of a of use 3024 02:35:09,225 --> 02:35:11,205 to the resident, but it's the, the upper story 3025 02:35:11,275 --> 02:35:15,445 that is really critical for them that, that activity area, 3026 02:35:17,465 --> 02:35:20,205 and again, I just speak to the, 3027 02:35:20,825 --> 02:35:22,205 the uniqueness of this property. 3028 02:35:22,205 --> 02:35:23,445 It does get pinched in the front. 3029 02:35:23,665 --> 02:35:26,245 It has non-conforming frontage, which, 3030 02:35:26,255 --> 02:35:27,925 which automatically makes it difficult to 3031 02:35:28,455 --> 02:35:29,845 which build in either direction. 3032 02:35:31,985 --> 02:35:36,565 But Mr. Ackman again can enlighten on the actual purpose 3033 02:35:37,025 --> 02:35:39,445 of the second floor why it's needed, 3034 02:35:40,185 --> 02:35:41,685 why it's laid out the way it is. 3035 02:35:42,525 --> 02:35:44,245 I think, and correct me if I'm wrong, I'm just, 3036 02:35:44,475 --> 02:35:47,285 when we laid it out, the 32 feet 3037 02:35:47,465 --> 02:35:49,165 or 30 feet from the 3038 02:35:49,845 --> 02:35:52,765 existing structure towards the road towards Island Pond 3039 02:35:52,795 --> 02:35:56,045 Road, in order to get two cars side by side 3040 02:35:56,305 --> 02:35:57,645 and the stairs to go up 3041 02:35:57,645 --> 02:36:02,125 and down, that kind of brought me to it backed into the size 3042 02:36:02,705 --> 02:36:03,765 of the left or the right 3043 02:36:03,865 --> 02:36:07,485 or the, the size of the space towards Island Pond. 3044 02:36:07,585 --> 02:36:10,685 As far as going deep towards the back of the property. 3045 02:36:10,805 --> 02:36:13,885 I believe we have enough space anyway, whether it was 30 3046 02:36:13,905 --> 02:36:18,365 or 32 or 34, I think that was, I don't think it's the, 3047 02:36:18,785 --> 02:36:22,165 you're you're referring to more of the, the 32 feet 3048 02:36:22,165 --> 02:36:25,325 or the 30 feet from the existing home 3049 02:36:25,835 --> 02:36:27,925 towards the island pond road. Am I right? 3050 02:36:28,805 --> 02:36:31,565 I I think that's how it's orientated. Yep. Yep. 3051 02:36:33,065 --> 02:36:34,365 And I did see in the plans 3052 02:36:34,395 --> 02:36:37,285 that looks like you have the staircase built into the back 3053 02:36:37,305 --> 02:36:40,085 of the garage that would take you up 3054 02:36:40,085 --> 02:36:41,125 to the top floor, correct? 3055 02:36:41,125 --> 02:36:42,885 Yeah, there's a doorway, you know, a doorway. 3056 02:36:42,885 --> 02:36:47,445 So the two co, two garage doors and a doorway to get in 3057 02:36:47,445 --> 02:36:50,245 and out and then that doorway would have a 3058 02:36:50,245 --> 02:36:51,525 stairway to go up to the top. 3059 02:36:51,785 --> 02:36:53,005 Yep, I understand. 3060 02:36:53,005 --> 02:36:55,365 So that ended up kind of backing into a little bit wider 3061 02:36:55,425 --> 02:36:59,285 of a space as opposed to just two cars 3062 02:36:59,665 --> 02:37:02,885 or two garage doors, which are roughly eight feet wide. 3063 02:37:03,665 --> 02:37:05,845 And then the sides that would go with that 3064 02:37:07,545 --> 02:37:11,855 Is, is the, are you adding onto your, 3065 02:37:12,085 --> 02:37:14,135 your live on the left side unit? 3066 02:37:14,205 --> 02:37:17,885 Correct? Yes. And are you adding onto that habitable space? 3067 02:37:17,985 --> 02:37:19,845 Yes. As well as the garage? Yes. 3068 02:37:20,145 --> 02:37:23,445 And so, and I, so the, 3069 02:37:23,745 --> 02:37:25,485 who lives in the right hand side? 3070 02:37:25,485 --> 02:37:26,805 You? My sister. Your Sister, 3071 02:37:26,835 --> 02:37:27,835 Okay. 3072 02:37:27,835 --> 02:37:28,565 I bought the home in 1999. 3073 02:37:28,565 --> 02:37:30,805 She's lived there beside me since then. 3074 02:37:31,555 --> 02:37:35,515 Okay. And so 3075 02:37:36,255 --> 02:37:39,875 why does the whole structure can't, can't slide backwards? 3076 02:37:40,875 --> 02:37:42,635 'cause this is a pretty big encroachment 3077 02:37:42,655 --> 02:37:43,795 on a very busy road. 3078 02:37:45,665 --> 02:37:48,035 When you say slide backwards, can you 3079 02:37:48,745 --> 02:37:50,275 Well, I, the the third towards 3080 02:37:50,295 --> 02:37:51,875 The back of the property you mean? 3081 02:37:51,975 --> 02:37:55,875 Yes. I guess it could slide backwards a little bit more. 3082 02:37:57,215 --> 02:38:01,315 Trying to line up the addition with the existing home so 3083 02:38:01,315 --> 02:38:04,035 that when we open up the walls it all flows together. 3084 02:38:04,575 --> 02:38:07,395 If it did slide back, then it creates a little bit 3085 02:38:07,395 --> 02:38:09,915 of an awkward space as to where that would cross through. 3086 02:38:10,415 --> 02:38:11,415 Yep. 3087 02:38:12,335 --> 02:38:16,985 Okay. Let me yield, anybody wishes to 3088 02:38:17,805 --> 02:38:19,625 ask any questions Mr. Dietzel? 3089 02:38:20,365 --> 02:38:22,225 No, thank you Mr. Chair. Mr. Dani, 3090 02:38:23,905 --> 02:38:25,025 I think you asked the questions. 3091 02:38:25,225 --> 02:38:27,545 I was curious why I wouldn't be able to slide back myself. 3092 02:38:28,245 --> 02:38:31,985 It looks more of a inconvenience than a hardship. 3093 02:38:33,245 --> 02:38:35,465 So in their application they mention 3094 02:38:37,365 --> 02:38:40,825 it would result in impact to the existing septic field 3095 02:38:40,965 --> 02:38:42,105 for the entire project? 3096 02:38:43,385 --> 02:38:45,065 No, that's to go to the north. 3097 02:38:45,845 --> 02:38:48,385 Go left, I mean, 3098 02:38:48,485 --> 02:38:51,025 or off to the side. 3099 02:38:52,215 --> 02:38:55,155 You're essentially adding another bedroom here. Yes. 3100 02:38:55,495 --> 02:38:59,715 And have you had a test for the septic 3101 02:39:00,375 --> 02:39:01,395 to evaluate? 3102 02:39:02,775 --> 02:39:04,475 Yes. Future expansion. 3103 02:39:04,695 --> 02:39:05,795 We put a new septic in. 3104 02:39:06,255 --> 02:39:08,155 You have put in a new septic? Yep. 3105 02:39:08,535 --> 02:39:10,275 And we relocated a little further out. 3106 02:39:10,825 --> 02:39:13,675 Okay. The, the term development, 3107 02:39:13,705 --> 02:39:16,435 when I was reviewing these documents through me, 3108 02:39:16,435 --> 02:39:19,835 because it, my first impression without seeing any images 3109 02:39:19,975 --> 02:39:23,555 was that this was a multi house, which I guess it is, 3110 02:39:24,015 --> 02:39:26,275 but I was thinking that it was an alignment 3111 02:39:26,415 --> 02:39:30,995 of a few different homes or something in this regard. 3112 02:39:31,095 --> 02:39:33,995 And, and that's just an addition, not the case. Yeah. 3113 02:39:36,835 --> 02:39:39,005 When did you put the, the septic in? 3114 02:39:39,445 --> 02:39:42,725 It's just recently finished Like six months ago. Mm. 3115 02:39:43,355 --> 02:39:45,325 It's been done for about a month and a half. 3116 02:39:45,685 --> 02:39:49,885 I see. Okay. Mr. 3117 02:39:49,915 --> 02:39:50,915 Trip, any questions? 3118 02:39:55,255 --> 02:39:57,755 Not at this time. Anybody else down on the left there? 3119 02:39:57,775 --> 02:40:01,075 Mr. Donlin? Mr. Henry? No, thank you. Okay. 3120 02:40:05,555 --> 02:40:09,195 I, I find that, you know, for me this is getting a little 3121 02:40:09,715 --> 02:40:11,835 close to the road for, for my comfort. 3122 02:40:12,275 --> 02:40:15,805 I think that what's been cited is that this is more of a, 3123 02:40:16,005 --> 02:40:18,765 a convenience versus a, a need. 3124 02:40:19,505 --> 02:40:24,245 And it's not to shade over the empathy of what you're trying 3125 02:40:24,245 --> 02:40:28,845 to achieve here, but that's pretty close to the road. 3126 02:40:28,875 --> 02:40:31,645 It's not like a five foot request, you know, 3127 02:40:33,465 --> 02:40:36,285 and it has a not feel good side to it 3128 02:40:36,305 --> 02:40:37,645 for me at this right now. 3129 02:40:38,265 --> 02:40:41,645 Is there anything else you wish to speak to on this or 3130 02:40:42,835 --> 02:40:43,835 Address? 3131 02:40:43,835 --> 02:40:48,005 Well, You know, I, other than the fact that we, 3132 02:40:48,345 --> 02:40:50,525 you know, I, I plan on myself 3133 02:40:50,545 --> 02:40:53,285 and my family's plan on spending the rest of our lives here. 3134 02:40:53,985 --> 02:40:57,525 You know, we of course, I get it from your point of view, 3135 02:40:57,525 --> 02:40:58,645 it's a little close to the road. 3136 02:40:59,265 --> 02:41:00,805 We did try to configure it 3137 02:41:00,865 --> 02:41:02,645 by stretching it out back further, 3138 02:41:03,105 --> 02:41:04,285 but then there's not enough room 3139 02:41:04,285 --> 02:41:07,205 to come out if we came out on the side as a, 3140 02:41:07,315 --> 02:41:10,125 with a two car garage, if that makes sense. 3141 02:41:10,145 --> 02:41:11,445 Why I'm trying to describe it. 3142 02:41:13,425 --> 02:41:15,405 Of course we'd love to have the space upstairs 3143 02:41:15,745 --> 02:41:18,405 for obvious reasons, but that I explained 3144 02:41:21,895 --> 02:41:23,745 we'd love to be able to have a two car garage there 3145 02:41:23,745 --> 02:41:25,865 and have the ability to use the stairs to go upstairs. 3146 02:41:27,575 --> 02:41:29,505 Most, you know, I think, you know, a foot 3147 02:41:30,005 --> 02:41:32,185 or two feet in either direction I 3148 02:41:32,185 --> 02:41:33,225 think could be figured out. 3149 02:41:34,765 --> 02:41:35,985 But I understand. I get it. 3150 02:41:37,965 --> 02:41:41,985 The most two car garages I see are 24 by 24. 3151 02:41:42,945 --> 02:41:45,865 I see. 22 by 20 fours and the narrow 3152 02:41:46,005 --> 02:41:47,665 and just don't, yeah, they don't work, 3153 02:41:47,805 --> 02:41:51,265 but they, 24 by 20 fours I certainly don't like 3154 02:41:51,265 --> 02:41:53,425 to, I think are adequate. 3155 02:41:53,535 --> 02:41:57,385 Yeah. And more so if it's a stick built versus trap 3156 02:41:57,385 --> 02:41:58,985 between two foundation walls. 3157 02:41:58,985 --> 02:42:03,905 Correct? Sure. And so this seemed 3158 02:42:03,905 --> 02:42:06,305 to be a little large for me, 3159 02:42:06,325 --> 02:42:09,145 but I saw the drawings of the stairs in the back. 3160 02:42:09,145 --> 02:42:13,265 Yeah. I don't know exactly what, 3161 02:42:13,815 --> 02:42:16,425 what fits for me that's comfortable on, you know, 3162 02:42:16,425 --> 02:42:17,705 for a setback for this. 3163 02:42:18,325 --> 02:42:21,105 But again, this is, this is a little uncomfortable 3164 02:42:21,445 --> 02:42:24,665 for myself, but other board members may 3165 02:42:24,665 --> 02:42:25,785 have a say in it as well. 3166 02:42:25,965 --> 02:42:27,505 So Mr. Deel, 3167 02:42:31,705 --> 02:42:33,585 I drove by the property a number of times. 3168 02:42:37,305 --> 02:42:39,545 I really don't feel uncomfortable with the setback. 3169 02:42:40,295 --> 02:42:43,185 That particular stretch of the road is, 3170 02:42:43,885 --> 02:42:45,585 is fairly visible. 3171 02:42:46,105 --> 02:42:48,945 I I don't, I don't think 3172 02:42:48,945 --> 02:42:50,985 what they're requesting is unreasonable. 3173 02:42:51,325 --> 02:42:54,225 It it, but is it excessive? 3174 02:42:54,335 --> 02:42:59,025 It's not excessive, but is it, I think given the fact 3175 02:42:59,025 --> 02:43:03,785 that there, there really aren't any very close abutters 3176 02:43:05,845 --> 02:43:09,905 and given the fact that there still is a safe distance 3177 02:43:09,905 --> 02:43:13,525 between with the setback, I, I think 3178 02:43:13,525 --> 02:43:15,565 what they're proposing is, is reasonable 3179 02:43:16,025 --> 02:43:20,805 and especially in light of the, the, 3180 02:43:21,225 --> 02:43:25,445 the son, he's gonna need special needs or not. 3181 02:43:25,505 --> 02:43:29,005 He has needs, he's gonna need his own space is is he grows. 3182 02:43:29,185 --> 02:43:34,045 And, and I think 3183 02:43:34,065 --> 02:43:38,285 to the nature of the, the property itself, I think going 3184 02:43:38,915 --> 02:43:41,125 back and he explained why some 3185 02:43:41,125 --> 02:43:44,005 of those other configurations aren't as desirable. 3186 02:43:44,505 --> 02:43:47,445 And so I think denying it would cause a hardship. 3187 02:43:47,545 --> 02:43:50,205 And so I, I believe that 3188 02:43:51,185 --> 02:43:53,205 the five criteria are met. Alright. 3189 02:43:53,465 --> 02:43:55,765 Mr. Dani, anything, any questions? 3190 02:43:56,805 --> 02:43:58,925 I mean, I just disagree with Mr. Dietzel. 3191 02:43:59,005 --> 02:44:01,525 I feel like the garage is not the living space 3192 02:44:01,525 --> 02:44:03,045 that we're concerned with. 3193 02:44:03,075 --> 02:44:06,365 It's a garage and it's encroaching 3194 02:44:06,865 --> 02:44:08,925 and we don't know what's the future for 3195 02:44:08,925 --> 02:44:11,765 that road in the future if they're gonna widen it or not. 3196 02:44:12,505 --> 02:44:17,125 And you're already encroaching on a 35 foot. I think it's 3197 02:44:17,595 --> 02:44:18,595 Okay. 3198 02:44:18,825 --> 02:44:19,885 Mrs. Moore, any questions? 3199 02:44:20,195 --> 02:44:24,365 Yeah, so now that I understand it better, 3200 02:44:26,145 --> 02:44:29,205 if you're, are you gonna be utilizing the garage? 3201 02:44:29,555 --> 02:44:32,965 Will the garage doors be on the island pond side or 3202 02:44:33,865 --> 02:44:34,865 No? 3203 02:44:34,865 --> 02:44:35,685 Okay. Where are they gonna be? 3204 02:44:35,685 --> 02:44:39,515 Because my concern would be backing out into the road for 3205 02:44:39,515 --> 02:44:40,515 Public safety. 3206 02:44:40,515 --> 02:44:43,035 No backing out into the driveway. Plant south. 3207 02:44:43,665 --> 02:44:46,835 Okay. Thank you. Anything else? 3208 02:44:47,135 --> 02:44:49,075 No. That I just, my concern was. 3209 02:44:49,385 --> 02:44:53,875 Okay. Any other, any other information you wanna share 3210 02:44:53,875 --> 02:44:55,675 with us or make a call the public or? 3211 02:44:57,375 --> 02:45:00,795 No. Okay. All right, Mrs. Owen, 3212 02:45:00,855 --> 02:45:03,475 you wanna help us out on your, on your end and 3213 02:45:03,785 --> 02:45:04,785 Sure. 3214 02:45:04,785 --> 02:45:06,235 Yeah. I don't have, again, a lot to add for this one, 3215 02:45:06,895 --> 02:45:08,635 but the applicant's requesting a variance 3216 02:45:08,775 --> 02:45:10,955 to allow the construction of a residential addition 3217 02:45:10,955 --> 02:45:14,275 with attached garage within 17.7 feet 3218 02:45:14,275 --> 02:45:17,075 of the front property line where 35 feet is required 3219 02:45:18,135 --> 02:45:19,395 and that's at its closest point. 3220 02:45:19,945 --> 02:45:23,435 This is located in the low density residential district, 3221 02:45:23,435 --> 02:45:26,955 which requires a 35 foot minimum front yard setback, 3222 02:45:27,005 --> 02:45:29,555 which is therefore we're here for the variance this evening. 3223 02:45:30,775 --> 02:45:33,155 As we're aware, the property contains a preexisting 3224 02:45:33,155 --> 02:45:35,115 non-conforming two family residence, 3225 02:45:35,185 --> 02:45:37,475 each unit consisting of two bedrooms. 3226 02:45:38,655 --> 02:45:42,755 The proposed addition would be for one unit, the left side, 3227 02:45:43,615 --> 02:45:46,235 the existing lot of record is 6.01 acres 3228 02:45:46,385 --> 02:45:50,715 with approximately 145 feet of frontage if approved, 3229 02:45:50,715 --> 02:45:52,915 appropriate permits and inspections will be required. 3230 02:45:54,385 --> 02:45:57,355 Okay. Anybody have any questions for coen enforcement? 3231 02:45:58,305 --> 02:46:01,915 Nothing there. Okay. All right. Let's make a call to public. 3232 02:46:01,985 --> 02:46:04,275 Just go through the protocols, statute. 3233 02:46:05,265 --> 02:46:07,995 Anybody here wish to speak in favor of this application? 3234 02:46:07,995 --> 02:46:09,490 This would be your time to come forward. 3235 02:46:10,865 --> 02:46:13,765 Seeing no gestures there, anybody who wishes 3236 02:46:13,905 --> 02:46:15,445 to speak in opposition to this, 3237 02:46:15,725 --> 02:46:17,525 this would be your opportunity to come forward. 3238 02:46:18,755 --> 02:46:21,485 Alright. I seeing nobody on that end. Okay. 3239 02:46:23,265 --> 02:46:25,925 So if there's nothing left to address to the board 3240 02:46:26,065 --> 02:46:29,485 or anything to say, we can we'll move into deliberation. 3241 02:46:29,945 --> 02:46:30,945 You guys all set? 3242 02:46:32,065 --> 02:46:34,125 Yes. Alright, take a motion. 3243 02:46:34,265 --> 02:46:35,565 Go into deliberation please. 3244 02:46:35,785 --> 02:46:38,605 So, vote. All right, Richard, Mr. Trip has that motion. 3245 02:46:39,245 --> 02:46:42,245 Could have second please. I'll second it. Thank you Mr. Ani. 3246 02:46:42,745 --> 02:46:46,885 All in favor of deliberation, say aye. Aye. Any opposed? 3247 02:46:47,355 --> 02:46:50,605 Hearing none. All right. Let's think this one out. 3248 02:46:51,305 --> 02:46:54,845 We have the motion structured, 3249 02:46:55,345 --> 02:46:58,085 we have one condition with it subject 3250 02:46:58,145 --> 02:47:00,485 to all towns permits and inspections. 3251 02:47:01,505 --> 02:47:05,565 And does anybody want to make any further comments about, 3252 02:47:05,685 --> 02:47:08,565 I think we touched into deliberation a little bit, but Mr. 3253 02:47:08,955 --> 02:47:11,245 Dietzel, you wanna go any further with that? No. 3254 02:47:11,245 --> 02:47:15,525 Thank you Mr. Chair. Okay, Mr. Dani? No, thank you sir. Mr. 3255 02:47:16,095 --> 02:47:19,005 Tripp, you want to help explain us through this? 3256 02:47:19,875 --> 02:47:23,605 Well, the, since the 3257 02:47:25,625 --> 02:47:28,205 garage entrance 3258 02:47:28,225 --> 02:47:32,725 and exit is on the side, which 3259 02:47:35,535 --> 02:47:37,605 eliminates part of the, 3260 02:47:40,145 --> 02:47:41,885 my hesitance to approve a, 3261 02:47:42,725 --> 02:47:45,285 a shortened setback. 3262 02:47:47,105 --> 02:47:47,325 The, 3263 02:47:52,425 --> 02:47:55,125 it it, it makes it a a little more appealing. 3264 02:47:55,945 --> 02:47:56,165 The, 3265 02:48:00,775 --> 02:48:04,715 and that's the only ask in this variance request 3266 02:48:05,695 --> 02:48:10,195 is to give them a, a reduced setback. 3267 02:48:11,775 --> 02:48:13,635 You know, the, it appears that 3268 02:48:16,065 --> 02:48:16,805 the property, 3269 02:48:22,425 --> 02:48:23,875 what, what do you 3270 02:48:25,335 --> 02:48:29,395 is set back significantly from the road itself? 3271 02:48:30,335 --> 02:48:33,795 No, because there's the landscaping. 3272 02:48:34,385 --> 02:48:36,875 That must be, do we 3273 02:48:36,875 --> 02:48:40,395 have No, I 3274 02:48:40,395 --> 02:48:41,395 Don't think so. 3275 02:48:44,055 --> 02:48:46,595 I'd estimate probably 15 feet from the pavement to the, 3276 02:48:46,655 --> 02:48:48,555 the front yard, the lot line 3277 02:48:49,305 --> 02:48:50,595 15 feet from speak of the louder 3278 02:48:50,595 --> 02:48:52,195 Pavement to the property line. It's 3279 02:48:52,195 --> 02:48:53,275 A little bit angle, but it's a, yeah, 3280 02:48:53,275 --> 02:48:54,915 It's 18 deliberation. 3281 02:48:54,915 --> 02:48:57,555 That's, so we do try to, if we wanna break the protocol 3282 02:48:57,575 --> 02:48:59,155 and go back, we can do that. 3283 02:48:59,395 --> 02:49:00,995 I apologize. Mr. 3284 02:49:00,995 --> 02:49:05,915 Trip, did you want to go work out of deliberation? No. Okay. 3285 02:49:09,645 --> 02:49:11,105 Any further questions Mr. Trip? 3286 02:49:11,405 --> 02:49:12,585 No, thank you. Okay. 3287 02:49:16,315 --> 02:49:18,375 Any other comments at all? You are all set, 3288 02:49:24,335 --> 02:49:25,915 But the only comment I have is, you know, 3289 02:49:25,915 --> 02:49:29,115 preexisting conditions are, are limiting, you know, 3290 02:49:30,785 --> 02:49:35,355 what you can do to put another building in 3291 02:49:36,015 --> 02:49:38,035 if, if you're interested in being able 3292 02:49:38,035 --> 02:49:41,115 to provide a walkthrough, you know, from the 3293 02:49:41,815 --> 02:49:43,075 new building to the old building. 3294 02:49:43,415 --> 02:49:44,415 So, 3295 02:49:45,255 --> 02:49:46,835 You know, Ms. Morin asked a question 3296 02:49:46,905 --> 02:49:49,875 that was the orientation of the garage doors 3297 02:49:50,535 --> 02:49:54,755 to the structure and the garage doors are coming in on the 3298 02:49:55,105 --> 02:49:59,115 side where the 35 foot front setback is designated. 3299 02:49:59,895 --> 02:50:01,035 And that's understandable. 3300 02:50:01,695 --> 02:50:05,595 And I point out the fact that a 24 by 24 garage 3301 02:50:07,295 --> 02:50:10,675 is, or 24 foot width garage is probably the nearest, 3302 02:50:10,795 --> 02:50:12,955 I would like to see a two car garage. 3303 02:50:13,695 --> 02:50:17,715 And As you address 3304 02:50:18,175 --> 02:50:22,395 and the idea of sliding this backwards, you start 3305 02:50:22,395 --> 02:50:25,595 to eliminate a passage that would be between 3306 02:50:27,655 --> 02:50:31,995 the garage door that's closest to the structure 3307 02:50:32,455 --> 02:50:36,275 and clear passage for a car, a vehicle to back out. 3308 02:50:37,515 --> 02:50:40,275 I think you're, you were starting to touch on that, Mr. 3309 02:50:40,445 --> 02:50:42,715 Tripp and or go in that direction. Yep. 3310 02:50:42,715 --> 02:50:46,755 This is Morin's point is that if you have a, a vehicle 3311 02:50:46,895 --> 02:50:49,595 that's at least 17 feet long today, 3312 02:50:49,705 --> 02:50:53,955 that 17 foot long car vehicle backs out into the next, 3313 02:50:54,015 --> 02:50:55,875 if they go any further, they're out on the road. 3314 02:50:56,975 --> 02:50:58,355 And we try to discourage that 3315 02:50:58,535 --> 02:51:03,075 and the construction of homes with sight line 3316 02:51:04,605 --> 02:51:07,315 clearances that this town 3317 02:51:07,845 --> 02:51:09,755 stipulates would certainly 3318 02:51:11,135 --> 02:51:14,755 render this addition not appropriate. 3319 02:51:16,095 --> 02:51:18,315 But the garage doors come out on the side 3320 02:51:18,315 --> 02:51:21,235 and they back, they would back up across the front 3321 02:51:21,235 --> 02:51:22,355 of the right hand unit. 3322 02:51:23,455 --> 02:51:25,715 And you can see that there's a hammerhead for them 3323 02:51:25,775 --> 02:51:29,675 to proceed safely out of the driveway onto the road. 3324 02:51:31,375 --> 02:51:36,355 But, you know, my my thoughts on this are still 3325 02:51:36,355 --> 02:51:39,795 that were at 17 feet for 3326 02:51:40,865 --> 02:51:45,835 clearance and you know, we don't like to see that in a, 3327 02:51:45,895 --> 02:51:50,395 in a tight neighborhood, let alone on a busy road. 3328 02:51:50,455 --> 02:51:52,755 That's my position on it, not yours. 3329 02:51:52,855 --> 02:51:54,395 But I was trying to add clarity to 3330 02:51:54,395 --> 02:51:55,435 what you were getting at Mr. 3331 02:51:55,465 --> 02:51:56,465 Trip by yield. 3332 02:51:57,855 --> 02:51:59,875 And I would just bring up that, you know, 3333 02:51:59,875 --> 02:52:01,275 we're talking about the garage portion 3334 02:52:01,935 --> 02:52:04,835 and the hardship of having 3335 02:52:05,345 --> 02:52:07,045 or needing a two car garage. 3336 02:52:08,585 --> 02:52:12,365 Is, is, is that more of a hardship or just a want 3337 02:52:14,265 --> 02:52:15,845 and you know, yes. 3338 02:52:15,905 --> 02:52:18,205 We don't have the opportunity to move off to the right, 3339 02:52:18,725 --> 02:52:20,925 I mean, sorry, the left of the, the structure 3340 02:52:20,925 --> 02:52:22,725 because they, everybody did the septic, 3341 02:52:24,105 --> 02:52:26,645 but if they knew this was a project they wanted to do, 3342 02:52:26,675 --> 02:52:29,045 they may have waited 3343 02:52:29,105 --> 02:52:31,965 and figured out the appropriate spot for the septic. 3344 02:52:32,085 --> 02:52:33,245 I don't know if it could have been moved 3345 02:52:33,245 --> 02:52:34,365 or not. I'm just saying 3346 02:52:35,165 --> 02:52:37,005 I did ask that with the septic company 3347 02:52:37,005 --> 02:52:38,685 and that's, that's where it needed to be. 3348 02:52:38,685 --> 02:52:39,885 Excuse me. We're 3349 02:52:39,885 --> 02:52:40,885 Deliberation. 3350 02:52:40,885 --> 02:52:41,885 Deliberation. Sorry. Oh, I'm 3351 02:52:41,885 --> 02:52:42,885 Sorry guys. 3352 02:52:42,885 --> 02:52:45,405 No, I'm sorry. You were led down the bad road. 3353 02:52:50,675 --> 02:52:53,045 Yeah. Your, the test pit date 3354 02:52:53,105 --> 02:52:55,125 or whatever may have said, well this is, 3355 02:52:55,125 --> 02:52:56,365 this needs to remain there. 3356 02:52:57,565 --> 02:53:01,085 I just can't, I don't know enough to say, well there's a, 3357 02:53:01,285 --> 02:53:04,005 a different configuration that could occur and I think Mr. 3358 02:53:04,465 --> 02:53:05,845 Dani's starting to touch on that 3359 02:53:07,585 --> 02:53:10,165 to bring us back into more compliance. 3360 02:53:11,705 --> 02:53:15,485 You know, we've had a similar case, I think last year 3361 02:53:15,575 --> 02:53:19,605 where someone, a couple needed to build a garage 3362 02:53:19,705 --> 02:53:23,765 and they were similarly on as, 3363 02:53:24,345 --> 02:53:27,725 as close or a little closer to a less busy road 3364 02:53:27,905 --> 02:53:30,365 and we asked them to go back and reconfigure it 3365 02:53:30,365 --> 02:53:31,405 and bring it back to us 3366 02:53:31,665 --> 02:53:35,685 and the, the board was able to find a happy 3367 02:53:36,705 --> 02:53:37,965 medium with that. 3368 02:53:39,625 --> 02:53:42,725 I'm inclined to want to go in that direction here, 3369 02:53:42,865 --> 02:53:46,285 but I'm not saying that everybody else has to either. 3370 02:53:47,745 --> 02:53:49,325 Mr. Trip, did you have anything else? 3371 02:53:49,965 --> 02:53:53,445 I think we jumped off of your point. I'm done. Okay. 3372 02:53:54,145 --> 02:53:55,165 Mrs. Moore, you all set? 3373 02:53:55,545 --> 02:53:58,885 No, I have just a couple thoughts 'cause Mr. 3374 02:53:58,995 --> 02:54:01,485 Dietzel brought up a great point about the sun 3375 02:54:02,065 --> 02:54:06,565 and then I'm unsure if for therapy, like 3376 02:54:06,755 --> 02:54:09,165 what equipment they're bringing in are the 3377 02:54:10,005 --> 02:54:11,405 'cause where we wanna shorten it. 3378 02:54:11,585 --> 02:54:13,205 The doors coming out. 3379 02:54:13,445 --> 02:54:17,765 I, I don't know, I just have concerns with shortening it too 3380 02:54:17,765 --> 02:54:22,205 because their purpose of having that extra room 3381 02:54:22,425 --> 02:54:24,965 for their son, I don't wanna take that away. 3382 02:54:30,495 --> 02:54:32,175 I don't, do they need the extra room 3383 02:54:32,175 --> 02:54:34,255 to help him in a car? I guess 3384 02:54:35,135 --> 02:54:37,575 Yeah, but that's reconfiguring a stairwell 3385 02:54:37,575 --> 02:54:40,295 that could be direction in any other direction. 3386 02:54:41,075 --> 02:54:45,175 No, but also too, like, I don't know what they bring in 3387 02:54:45,175 --> 02:54:50,055 and out for therapy and just 3388 02:54:53,155 --> 02:54:56,175 in, and I couldn't imagine asking them 3389 02:54:56,675 --> 02:54:58,895 to move it to detached. 3390 02:54:58,985 --> 02:55:02,735 Especially if they wanna use it for a special needs sun. 3391 02:55:03,805 --> 02:55:07,205 I know I would as a parent would wanna be able to hear, 3392 02:55:09,745 --> 02:55:10,745 So. 3393 02:55:10,745 --> 02:55:13,805 Okay. Are you all set? I am. 3394 02:55:19,755 --> 02:55:20,245 Alright, 3395 02:55:22,295 --> 02:55:25,165 Let's see. 3396 02:55:25,545 --> 02:55:27,645 Do we wanna come outta deliberation at this point? 3397 02:55:31,585 --> 02:55:33,325 Is everybody ready to come outta deliberation? 3398 02:55:33,435 --> 02:55:35,045 I'll make a motion to come outta deliberation. 3399 02:55:36,705 --> 02:55:39,925 Mr. Trip, are you all set to come out? Sure. 3400 02:55:41,465 --> 02:55:42,565 You wanna give that? Second? 3401 02:55:43,445 --> 02:55:44,485 Second It. Okay. 3402 02:55:44,665 --> 02:55:47,445 All in favor of coming outta deliberation. Say aye. Aye. 3403 02:55:47,545 --> 02:55:48,725 Aye. And you opposed? 3404 02:55:50,825 --> 02:55:54,245 All right, Ms. Zamore, you have a motion to read. I, 3405 02:55:56,535 --> 02:55:57,535 Sorry. 3406 02:55:59,605 --> 02:56:04,125 I make a motion on case number 26 dash 20 3407 02:56:04,945 --> 02:56:09,205 to grant a variance to the terms of article six, section 3408 02:56:10,105 --> 02:56:15,045 1 65 dash 48 B four of the town 3409 02:56:15,045 --> 02:56:19,085 of der zoning ordinance to allow the construction 3410 02:56:19,185 --> 02:56:23,885 of a residential addition with attached garage with within 3411 02:56:24,485 --> 02:56:28,125 17.7 feet of the front property line where 3412 02:56:28,705 --> 02:56:30,685 35 feet is required. 3413 02:56:30,945 --> 02:56:34,565 Parcel ID 0 7 0 4 9 3414 02:56:35,815 --> 02:56:39,685 zoned LDR as presented with the following conditions. 3415 02:56:39,985 --> 02:56:43,125 We have one, one subject to obtaining Allstate 3416 02:56:43,125 --> 02:56:45,085 and town permits and inspections. 3417 02:56:45,785 --> 02:56:47,485 And that concludes the reading of the motion. 3418 02:56:47,685 --> 02:56:48,685 I need a second. 3419 02:56:49,835 --> 02:56:51,605 I'll second Mr. Dug. 3420 02:56:51,745 --> 02:56:55,365 Any seconds the motion puts that on the floor. 3421 02:57:01,735 --> 02:57:03,645 Let's get into finding a fact. 3422 02:57:07,305 --> 02:57:09,085 Did you wanna address a question or we 3423 02:57:09,345 --> 02:57:12,485 No, I was, I was thinking That's 3424 02:57:12,835 --> 02:57:13,835 Okay. 3425 02:57:15,805 --> 02:57:16,805 Finding a fact. 3426 02:57:17,905 --> 02:57:21,125 The applicant desires to build into the front setbacks 3427 02:57:22,005 --> 02:57:24,725 required setbacks are 35 feet in front. 3428 02:57:25,505 --> 02:57:28,925 The application is in the low density residential district 3429 02:57:29,425 --> 02:57:31,525 parcel is six plus acres. 3430 02:57:32,425 --> 02:57:35,485 The current structure is a non-conforming two family 3431 02:57:35,755 --> 02:57:37,805 townhouse style home. 3432 02:57:38,585 --> 02:57:40,765 Are there any other points in the finding of fact 3433 02:57:40,765 --> 02:57:43,365 that anybody would like to add to it? 3434 02:57:45,665 --> 02:57:50,445 No. Okay. To the depictions of the application. 3435 02:57:51,255 --> 02:57:55,965 First is the public interest. The board finds Mr. 3436 02:57:57,235 --> 02:57:58,045 Dietzel you wanna 3437 02:57:58,045 --> 02:58:02,365 start public interest? 3438 02:58:03,165 --> 02:58:04,845 I I think it's in the public interest 3439 02:58:05,875 --> 02:58:08,165 because it, it, it, 3440 02:58:08,275 --> 02:58:10,365 well it isn't contrary to the public interest. 3441 02:58:10,525 --> 02:58:13,485 I think it, it it's remote enough that it really, 3442 02:58:13,985 --> 02:58:15,445 it doesn't have an effect on 3443 02:58:15,445 --> 02:58:19,485 the, the area. 3444 02:58:21,075 --> 02:58:23,045 Okay. Mr. Dug, 3445 02:58:26,165 --> 02:58:28,205 I don't have a problem with the public interest. 3446 02:58:28,755 --> 02:58:33,485 Okay. You see it favorable in that way? Yes. 3447 02:58:33,585 --> 02:58:37,005 Or not, it's not repeating. Correct? Correct. Okay. 3448 02:58:38,145 --> 02:58:39,145 Ms. Moore, 3449 02:58:39,795 --> 02:58:41,725 That was my original concern. 3450 02:58:41,905 --> 02:58:44,765 But knowing that the doors are gonna be 3451 02:58:44,765 --> 02:58:45,885 on the other side, that 3452 02:58:47,895 --> 02:58:49,005 Fixes that safety concern? 3453 02:58:49,265 --> 02:58:51,765 Yes. Okay. Mr. Tripp? 3454 02:58:52,645 --> 02:58:55,445 I don't find it negative to the public interest. 3455 02:58:56,355 --> 02:58:56,645 Okay, 3456 02:59:00,935 --> 02:59:01,555 Mr. Chair? 3457 02:59:02,415 --> 02:59:04,915 Yes sir. Would you like me to make a motion 3458 02:59:04,935 --> 02:59:06,275 to extend for 15 minutes? 3459 02:59:06,695 --> 02:59:09,035 Yes, I would. Thank you. So move. 3460 02:59:09,825 --> 02:59:14,435 Okay, second. All in favor of extension, say aye. 3461 02:59:14,935 --> 02:59:16,915 Aye. Opposed? Okay. 3462 02:59:22,705 --> 02:59:23,245 The chair 3463 02:59:27,535 --> 02:59:31,445 could slide on the public interest for the same reasons 3464 02:59:31,755 --> 02:59:33,485 that have been described, 3465 02:59:36,405 --> 02:59:38,425 not contrary to the public interest. 3466 02:59:40,405 --> 02:59:42,865 So under the spirit of the ordinance, Mr. Dietzel, 3467 02:59:43,245 --> 02:59:44,985 The spirit of the ordinance is observed. 3468 02:59:45,005 --> 02:59:49,785 The ordinance is to keep the, the rural nature 3469 02:59:50,325 --> 02:59:55,065 and this, this is with that conducive, it's a, 3470 02:59:56,975 --> 02:59:58,025 Okay, Mr. 3471 02:59:58,495 --> 02:59:59,495 Dani. Tired. 3472 03:00:01,705 --> 03:00:03,265 I would concur with Mr. Dietzel. 3473 03:00:03,845 --> 03:00:06,265 I'm sorry. Again, I Would concur with Mr. Dietzel. 3474 03:00:06,415 --> 03:00:09,945 Okay. Okay. Mr. Mrs. Moore, 3475 03:00:11,845 --> 03:00:13,785 Can you come back to me in a second? 3476 03:00:13,935 --> 03:00:16,705 Okay. Mr. Tripp spear of the ordinance, 3477 03:00:17,645 --> 03:00:20,545 you feel it's met here or contained or not? 3478 03:00:25,565 --> 03:00:25,855 Yeah. 3479 03:00:31,035 --> 03:00:32,815 Yes, I believe the spear of the ordinance is met. 3480 03:00:34,125 --> 03:00:38,335 Okay. The, the chair would not agree with that. 3481 03:00:38,775 --> 03:00:42,975 I am not in agreement on the spear of the ordinance 3482 03:00:45,395 --> 03:00:49,935 as it is the, the consistency along the road, 3483 03:00:50,335 --> 03:00:55,135 I think and holding all the other 3484 03:00:55,285 --> 03:00:56,295 parcels to that. 3485 03:00:56,695 --> 03:01:00,965 I think this drastically drifts away from it 3486 03:01:01,105 --> 03:01:04,925 for reasons I'm not confident. 3487 03:01:05,025 --> 03:01:07,525 Are the, are the best submissions 3488 03:01:08,345 --> 03:01:11,885 or approaches for this parcel, Mrs. Morin? 3489 03:01:12,145 --> 03:01:14,085 So that's what I was trying to look up 3490 03:01:16,225 --> 03:01:17,565 for frontage. 3491 03:01:17,785 --> 03:01:21,525 The spirit of the ordinance says that it's basically 3492 03:01:22,185 --> 03:01:25,005 to ensure there's room for a safe driveway placement, 3493 03:01:25,675 --> 03:01:26,925 emergency vehicles, 3494 03:01:27,185 --> 03:01:29,725 and if the lot was big enough to subdivide 3495 03:01:30,105 --> 03:01:34,005 to ensure there's more placement for a driveway. 3496 03:01:34,865 --> 03:01:38,285 And I feel they have the adequate space 3497 03:01:38,285 --> 03:01:41,485 between it being a duplex for the emergency vehicles 3498 03:01:42,385 --> 03:01:44,725 and being able to be a driveway as well, 3499 03:01:44,725 --> 03:01:46,605 seeing he owns both properties 3500 03:01:47,785 --> 03:01:51,125 and he just makes it so he can't subdivide. So, 3501 03:01:51,595 --> 03:01:52,595 Okay. 3502 03:01:52,595 --> 03:01:55,845 So you're a yes on the spear of the ordinance? Yes. Okay. 3503 03:01:56,115 --> 03:01:58,165 Substantial justice. Mr. Dietzel, 3504 03:01:59,645 --> 03:02:03,285 I see minimum negative impact to the public, 3505 03:02:03,505 --> 03:02:06,205 but a benefit to the applicant 3506 03:02:06,205 --> 03:02:08,445 that would outweigh any, any negatives. 3507 03:02:08,795 --> 03:02:10,085 Okay. So yes. 3508 03:02:11,025 --> 03:02:13,125 All right, Mr. Dani. 3509 03:02:16,815 --> 03:02:20,885 Gimme another second. Sorry. Okay. Ms. Ms. Moore, 3510 03:02:22,605 --> 03:02:25,885 I do think substantial justice is being done due 3511 03:02:25,885 --> 03:02:29,405 to their special condition that they have as a family unit. 3512 03:02:29,915 --> 03:02:32,765 Okay, Mr. Dani, you ready? 3513 03:02:33,435 --> 03:02:35,845 Yeah, I would say I would not agree with 3514 03:02:37,635 --> 03:02:40,565 some justice being done due to the fact that it's 3515 03:02:44,335 --> 03:02:45,905 encroaching onto the, the, 3516 03:02:49,875 --> 03:02:51,495 the front line there, the 35 feet. 3517 03:02:52,765 --> 03:02:55,445 Okay. Mr. 3518 03:02:55,715 --> 03:02:59,285 Miss, who did I miss me? Oh, myself. 3519 03:02:59,545 --> 03:03:03,165 No, I, I didn't ask you. No, you didn't. Oh. Alright. 3520 03:03:03,225 --> 03:03:04,325 Go ahead Mr. Tripp. 3521 03:03:05,765 --> 03:03:08,605 I would say substantial justice is being done. 3522 03:03:09,265 --> 03:03:13,885 The, I said the, the, 3523 03:03:13,945 --> 03:03:15,725 the whole situation here is 3524 03:03:18,305 --> 03:03:21,725 the preexisting conditions limit. 3525 03:03:23,635 --> 03:03:28,365 What you can do with the addition, admittedly the, 3526 03:03:30,185 --> 03:03:31,285 is probably a little wide, 3527 03:03:31,385 --> 03:03:36,055 but by having the entrance 3528 03:03:36,075 --> 03:03:39,535 and exit on the side, that eliminates the 3529 03:03:43,765 --> 03:03:46,125 somewhat the requirement for the 35 foot setback. 3530 03:03:47,155 --> 03:03:51,285 Okay. Mr. Moore, did you answer this already? 3531 03:03:51,805 --> 03:03:55,725 I did, I said because of their unique family situation, 3532 03:03:55,845 --> 03:03:58,685 I feel that substantial justice is done. 3533 03:03:58,685 --> 03:04:01,645 Okay. And I, I would say 3534 03:04:01,645 --> 03:04:04,285 that substantial justice is fair here 3535 03:04:06,145 --> 03:04:07,645 in their, in their request. 3536 03:04:09,665 --> 03:04:14,605 The next one is, values 3537 03:04:14,705 --> 03:04:17,765 of surrounding properties are not diminished. Mr. Dietzel, 3538 03:04:18,205 --> 03:04:20,485 I I don't see that there would be any effect whatsoever. 3539 03:04:20,715 --> 03:04:21,715 It's neutral. 3540 03:04:22,555 --> 03:04:25,205 Okay. Mr. Dani? I would agree with that. 3541 03:04:25,595 --> 03:04:28,325 Okay. Mrs. Warren? 3542 03:04:29,485 --> 03:04:31,325 I agree with that, but also I, 3543 03:04:31,525 --> 03:04:33,125 I looked up the square footage 3544 03:04:33,905 --> 03:04:35,605 and there half 3545 03:04:35,605 --> 03:04:37,845 of the duplex would be a thousand square feet, 3546 03:04:37,855 --> 03:04:40,285 which is sub a lot lower than most 3547 03:04:40,285 --> 03:04:41,645 houses on Island Pond Road. 3548 03:04:42,085 --> 03:04:43,645 So I feel it could help. 3549 03:04:44,515 --> 03:04:47,525 Okay. You feel it would elevate property values? 3550 03:04:47,785 --> 03:04:49,125 It wouldn't diminish. Okay. 3551 03:04:49,985 --> 03:04:52,925 All right. I don't see this 3552 03:04:53,105 --> 03:04:58,045 as being a Dimi Dimi diminuation of property values myself. 3553 03:05:00,105 --> 03:05:03,325 Now the hardship, literal enforcement creates an 3554 03:05:03,395 --> 03:05:04,685 unnecessary hardship. 3555 03:05:06,385 --> 03:05:09,365 That's section A. Mr. Dietzel. 3556 03:05:11,265 --> 03:05:13,405 The applicant's explained 3557 03:05:13,405 --> 03:05:15,405 to my satisfaction the special conditions 3558 03:05:15,405 --> 03:05:18,485 of the property which make literal in literal enforcement 3559 03:05:18,485 --> 03:05:22,805 of the ordinance causing a, a, 3560 03:05:23,965 --> 03:05:28,725 a unnecessary hardship due to their inability 3561 03:05:28,725 --> 03:05:31,925 to expand to accommodate their special needs child. 3562 03:05:32,435 --> 03:05:36,285 Okay, Mr. Dietzel? That was 3563 03:05:36,285 --> 03:05:37,165 Me, Mr. Dani. 3564 03:05:37,745 --> 03:05:39,725 I'm sorry Mr. Dani. It's getting late. 3565 03:05:39,985 --> 03:05:41,485 Gotcha. I'm tired too. 3566 03:05:42,645 --> 03:05:46,285 I would say that it does not support 3567 03:05:47,025 --> 03:05:50,165 on my opinion due to the fact that it's the garage portion 3568 03:05:50,185 --> 03:05:53,805 and not the living spaces that we're dealing with. 3569 03:05:54,355 --> 03:05:55,885 Okay. Mrs. Moore? 3570 03:05:57,405 --> 03:05:59,685 I do feel that it meets the hardship 3571 03:05:59,685 --> 03:06:01,805 because of the upstairs living space. 3572 03:06:03,265 --> 03:06:04,725 It doesn't, if it's one 3573 03:06:04,725 --> 03:06:07,405 or two levels isn't gonna change anything. 3574 03:06:07,645 --> 03:06:10,005 I feel because of also it being a duplex, 3575 03:06:10,005 --> 03:06:12,125 they're really stuck to that one location. 3576 03:06:13,115 --> 03:06:16,965 Okay. Mr. Tripp? I agree with Ms. Ms. Lauren. 3577 03:06:17,635 --> 03:06:20,725 Okay. The chair will 3578 03:06:21,895 --> 03:06:26,765 defer on the, or on the unnecessary hardship. 3579 03:06:30,695 --> 03:06:33,735 I believe there's not unnecessary hardship on this 3580 03:06:33,875 --> 03:06:37,215 as I think the structure could be reconfigured 3581 03:06:37,435 --> 03:06:40,055 and taken back from the road edge. 3582 03:06:41,855 --> 03:06:46,175 I think that we do not need to go into section B 3583 03:06:46,235 --> 03:06:48,255 of the hardship, so 3584 03:06:48,255 --> 03:06:51,295 therefore we can mo come back out of finding a fact 3585 03:06:51,835 --> 03:06:54,375 unless there's somebody that has an objection to that 3586 03:06:55,225 --> 03:06:56,605 seeing no gestures there. 3587 03:06:58,025 --> 03:07:01,365 All in favor of moving this for a vote? Say aye. Aye. Aye. 3588 03:07:01,365 --> 03:07:05,685 Aye. Any opposed? Mrs. Mor? What? Say you. 3589 03:07:06,025 --> 03:07:10,525 Aye vote Yes. Mr. Dietzel? Yes. Mr. Trip? Yes. 3590 03:07:11,425 --> 03:07:13,445 Mr. Dani? No. 3591 03:07:14,265 --> 03:07:15,725 And the chair will vote no 3592 03:07:15,785 --> 03:07:18,485 for reasons described in the findings of fact. 3593 03:07:19,435 --> 03:07:21,045 Gentlemen, congratulations. 3594 03:07:21,145 --> 03:07:23,485 You have been approved by a vote of three to two. 3595 03:07:23,715 --> 03:07:26,885 Anybody agree by this decision as 30 days to ask this board 3596 03:07:26,885 --> 03:07:28,165 for reconsideration afterwards? 3597 03:07:29,325 --> 03:07:31,565 Recourse to be superior court. Okay. Thank you. 3598 03:07:31,565 --> 03:07:33,285 Thank you for your time. Goodnight. You're welcome. 3599 03:07:33,355 --> 03:07:37,645 Current's license. Alright, we, 3600 03:07:38,105 --> 03:07:40,245 we are going to have to conclude our meeting. 3601 03:07:41,535 --> 03:07:44,605 Prime storage. And Mr. Benson, I am sorry 3602 03:07:45,955 --> 03:07:48,565 that we're, we would not, even if we tried 3603 03:07:48,565 --> 03:07:51,365 to bite into this, we wouldn't do them justice. 3604 03:07:52,745 --> 03:07:55,885 So we will see you back at the next meeting in August. 3605 03:07:56,785 --> 03:07:59,925 Who is the 20? Who is Prime Storage? Is that you? Okay. 3606 03:08:00,225 --> 03:08:03,485 Do we have any other cases? We have one new application. 3607 03:08:03,905 --> 03:08:05,205 One application. Correct. 3608 03:08:06,955 --> 03:08:09,045 Mean we, we can reasonably 3609 03:08:09,695 --> 03:08:11,525 we'll discuss this agenda I guess, 3610 03:08:11,585 --> 03:08:14,325 but I have no problem with continuing where we're at 3611 03:08:14,465 --> 03:08:16,965 and letting the other individuals fall in 3612 03:08:16,965 --> 03:08:18,445 afterwards that we've tabled. 3613 03:08:18,555 --> 03:08:20,125 Sure. I think that works for me. 3614 03:08:20,235 --> 03:08:22,805 They, they may not have resolution by then, 3615 03:08:22,825 --> 03:08:25,445 but hopefully they do and we can continue 3616 03:08:25,465 --> 03:08:26,645 to clear the docket. 3617 03:08:26,745 --> 03:08:30,085 So we'll table all in favor 3618 03:08:30,145 --> 03:08:33,325 of tabling case number 26 dash 1 21 3619 03:08:33,465 --> 03:08:37,845 and case number 26 dash 1 22 to the next scheduled meeting. 3620 03:08:37,985 --> 03:08:41,045 Say aye. Aye. Aye. Aye. Any opposed? Very good. Thank you. 3621 03:08:41,095 --> 03:08:42,485 Sorry gentlemen. And I 3622 03:08:42,485 --> 03:08:43,485 Seconded it. 3623 03:08:43,905 --> 03:08:47,205 Who seconded me. You did Very good. Ms. Mor seconded it. 3624 03:08:47,485 --> 03:08:50,725 I saw you nod your head. I think I made the motion. So 3625 03:08:50,935 --> 03:08:51,935 Eight 20. 3626 03:08:53,825 --> 03:08:57,685 All right. This possibly happen again. 3627 03:08:59,365 --> 03:09:01,405 I think we just cleared that up. Okay. Okay. 3628 03:09:03,825 --> 03:09:08,325 We have a back load of minutes. We have an email from Mr. 3629 03:09:08,435 --> 03:09:12,525 Corbett who's absent that he's has no objection 3630 03:09:12,545 --> 03:09:15,485 to us approving these minutes. 3631 03:09:16,705 --> 03:09:19,765 Mr. Donlin, would you sit 3632 03:09:19,785 --> 03:09:21,085 for the approval of minutes please? 3633 03:09:21,385 --> 03:09:23,645 Yes, sir. All right. So I need a motion 3634 03:09:23,785 --> 03:09:25,845 to approve the minutes for fi. 3635 03:09:26,025 --> 03:09:30,645 May 7th, 2026 as amended. So moved. Thank you. 3636 03:09:31,005 --> 03:09:33,285 A second Mr. Donlin. Second. Thank you. 3637 03:09:34,425 --> 03:09:39,125 All in favor of that say aye. Aye. Aye. We have motion. 3638 03:09:39,765 --> 03:09:42,085 I need a motion to approve the minutes 3639 03:09:42,225 --> 03:09:45,605 for May 21st, 2026 as amended. 3640 03:09:45,865 --> 03:09:49,165 So moved. Mr. Dietzel, is that you? Yes. Yeah. Mr. 3641 03:09:49,435 --> 03:09:52,245 Dani, you wanna help out? I'll second it. Thank you. 3642 03:09:53,025 --> 03:09:55,845 All in favor of that say aye. Aye. Aye. Any opposed? 3643 03:09:56,245 --> 03:09:58,285 I abstain. You. Abstain. Okay. 3644 03:10:00,305 --> 03:10:02,605 Was it you were out six, four or five? Four. 3645 03:10:02,605 --> 03:10:06,565 That's my birthday. Oh, six four was no May 21st. 3646 03:10:07,035 --> 03:10:09,285 That was his grandson's graduation. That's right. Right. 3647 03:10:12,565 --> 03:10:16,525 Approval of the minutes as amended for six four. 26. 3648 03:10:18,465 --> 03:10:23,245 So moved. Mr. Donlin second. All in favor say aye. 3649 03:10:23,385 --> 03:10:27,485 Aye. A. Any, any opposed Mr. Des? 3650 03:10:32,445 --> 03:10:34,045 Approval of minutes as amended. 3651 03:10:34,625 --> 03:10:37,965 Do you have any amendments on six 18? No. 3652 03:10:39,705 --> 03:10:43,125 So moved. What's that? So moved. So moved. 3653 03:10:43,195 --> 03:10:47,925 Well as presented I guess six 18 as presented. So moved. 3654 03:10:47,935 --> 03:10:49,965 Thank you Mr. Dietzel. Mrs. Morin. 3655 03:10:50,235 --> 03:10:54,525 I'll second it. Thank you. All in favor? Aye. Aye. Aye. 3656 03:10:54,665 --> 03:10:56,245 Any opposed? A aye. 3657 03:10:57,625 --> 03:10:59,525 Can I make a motion to adjourn? 3658 03:11:00,905 --> 03:11:03,045 Is there any other business? There is not. 3659 03:11:04,305 --> 03:11:06,085 Yes, you may Mrs. Mor make that motion. 3660 03:11:06,400 --> 03:11:08,605 I make a motion to adjourn. Second. 3661 03:11:08,605 --> 03:11:10,685 Second Before we go. 3662 03:11:11,395 --> 03:11:14,085 It's blueberry season so all of you should get out 3663 03:11:14,085 --> 03:11:16,685 and pick your blueberries. I already have. 3664 03:11:17,245 --> 03:11:19,765 I transplanted my plant so I got none this year. 3665 03:11:20,105 --> 03:11:22,045 No blueberries, textures, groups. 3666 03:11:22,465 --> 03:11:25,285 All in favor of adjournment, say aye. Aye. Aye. Aye. 3667 03:11:25,285 --> 03:11:27,205 Any your post. Have a good night everybody.