1 00:00:03,515 --> 00:00:03,805 Okay. 2 00:00:03,875 --> 00:00:05,965 Good evening, ladies and gentlemen. 3 00:00:05,965 --> 00:00:09,645 Welcome zoning Board of Adjustment for August 20th, 2026. 4 00:00:09,905 --> 00:00:11,605 Please rise for the Pledge of Allegiance. 5 00:00:13,465 --> 00:00:15,165 Pledge of Allegiance to the flag 6 00:00:15,465 --> 00:00:16,925 of the United States of America, 7 00:00:17,545 --> 00:00:22,325 and to the Republic who stands, one nation indivisible 8 00:00:22,425 --> 00:00:24,165 for liberty and justice for all. 9 00:00:27,225 --> 00:00:28,445 All right, thanks for everybody 10 00:00:28,545 --> 00:00:29,845 for coming here this evening. 11 00:00:30,025 --> 00:00:32,805 And before we start, let's introduce ourselves, 12 00:00:33,605 --> 00:00:34,685 starting in my far left, please. 13 00:00:35,595 --> 00:00:38,605 Anthony Henry Michael Richard 14 00:00:38,675 --> 00:00:39,675 Trip. 15 00:00:39,675 --> 00:00:40,555 Amen. 16 00:00:42,555 --> 00:00:44,325 Richard Trip. Crystal 17 00:00:44,615 --> 00:00:45,645 Morin. Secretary. 18 00:00:46,465 --> 00:00:48,405 I'd be Lynn Perkins, the chair. Craig 19 00:00:48,405 --> 00:00:51,645 Corbett, vice Chair Gas Biba. Jim Dietzel. 20 00:00:52,095 --> 00:00:53,725 Jason. And 21 00:00:53,725 --> 00:00:55,605 to the far right we have Code Enforcement 22 00:00:55,605 --> 00:00:57,125 Officer Carrie Owen. 23 00:00:57,425 --> 00:01:01,325 And behind us is our clerk, Eileen Boudreaux. 24 00:01:02,025 --> 00:01:05,285 And before we proceed, please shut off all cell phones, 25 00:01:05,695 --> 00:01:07,645 iPads, anything that could create distraction 26 00:01:07,665 --> 00:01:08,765 to the proceedings. 27 00:01:09,025 --> 00:01:10,285 In the event of an emergency, 28 00:01:10,285 --> 00:01:11,525 please exit to the rear of the room. 29 00:01:11,525 --> 00:01:13,525 Someone will assist you out of the building. 30 00:01:14,785 --> 00:01:17,285 We are scheduled to terminate at 10:00 PM 31 00:01:17,865 --> 00:01:20,365 and these proceedings are audio video recorded. 32 00:01:21,395 --> 00:01:24,445 That being said, we're gonna start in our first case on the 33 00:01:24,445 --> 00:01:26,845 agenda, which is 26 dash one 18. 34 00:01:27,955 --> 00:01:32,525 This is Koosa Enterprises, LLC. Mr. 35 00:01:33,035 --> 00:01:34,845 Dani will remain on this 36 00:01:35,305 --> 00:01:37,725 as this is a continuation from the prior case. 37 00:01:43,995 --> 00:01:47,365 Good evening. My client seems to be running a little late. 38 00:01:47,365 --> 00:01:50,245 Could we let the next people go ahead of us 39 00:01:50,385 --> 00:01:52,965 and be heard After that 40 00:01:53,985 --> 00:01:55,485 We can cycle you back around, 41 00:01:56,025 --> 00:01:58,245 but you'll be probably till the end of the night. 42 00:01:59,565 --> 00:02:01,245 We can't just go second. What's that? 43 00:02:01,305 --> 00:02:02,965 We can't just go second instead of first. 44 00:02:03,155 --> 00:02:05,205 Well, let's see how we roll along. All right? 45 00:02:05,675 --> 00:02:08,965 Okay. Fair Enough. Okay, we'll move that 46 00:02:09,305 --> 00:02:13,565 to later on in the agenda then give the applicant client an 47 00:02:13,565 --> 00:02:15,125 opportunity to show up. 48 00:02:15,915 --> 00:02:19,405 Next case up is 26 dash 1 21 Prime Storage, 49 00:02:19,455 --> 00:02:20,725 Rockingham Road Dairy. 50 00:02:28,545 --> 00:02:29,645 How do you like that? Huh? 51 00:02:29,685 --> 00:02:31,725 I sat here all that night and then we just bumped you up. 52 00:02:31,725 --> 00:02:32,765 I did Making it up. This is great. 53 00:02:32,765 --> 00:02:34,925 Never, never can tell the craziness. 54 00:02:34,925 --> 00:02:36,805 That'll go on zoning. Board of adjustment. 55 00:02:37,335 --> 00:02:40,045 Great. Good evening, chief covering. Mr. Chair. 56 00:02:40,385 --> 00:02:41,845 Excuse me before we start. 57 00:02:42,045 --> 00:02:44,965 I, I have, can I make a point of order? I have a question. 58 00:02:45,125 --> 00:02:49,885 I think probably for, for code enforcement, 59 00:02:50,655 --> 00:02:53,365 could you explain to me one more time why this variance is 60 00:02:53,365 --> 00:02:55,045 even requi required? 61 00:02:57,425 --> 00:03:01,165 Mr. Dietzel, let's let the applicant move forward 62 00:03:01,425 --> 00:03:05,085 and then we can dissect that it's on the agenda. 63 00:03:05,225 --> 00:03:07,805 We need to hear the Okay applicant. Alright. Thank you. 64 00:03:07,945 --> 00:03:11,205 All right, sir, you're all set. 65 00:03:11,385 --> 00:03:13,245 So we ask that you read the protocol, 66 00:03:13,305 --> 00:03:14,925 the five criteria Sure. 67 00:03:15,465 --> 00:03:17,165 For the record, start off with that. 68 00:03:17,375 --> 00:03:19,685 We'll let you have your narrative afterwards 69 00:03:20,545 --> 00:03:22,685 and then we can, and if Mr. 70 00:03:23,105 --> 00:03:27,405 Diet's point after he hears your explanation, 71 00:03:28,025 --> 00:03:31,365 if he'd like to motion into that, he's welcome to do that. 72 00:03:31,715 --> 00:03:33,005 Sure. Okay. Sounds good. 73 00:03:33,525 --> 00:03:36,965 We yield to you and please proceed. Alright. 74 00:03:37,345 --> 00:03:39,485 The variance will not be contrary to public interest 75 00:03:39,485 --> 00:03:41,205 because it is already a self storage site. 76 00:03:41,585 --> 00:03:44,565 We are adding about 11,675 square feet 77 00:03:44,565 --> 00:03:45,845 of single story storage units. 78 00:03:46,625 --> 00:03:48,645 The facility is also set back from the road 79 00:03:48,645 --> 00:03:50,885 and wouldn't pose a hindrance on the public eye. 80 00:03:51,585 --> 00:03:53,205 The spirit of the orange observed, 81 00:03:53,205 --> 00:03:54,965 because it is, again, it is an, 82 00:03:55,235 --> 00:03:56,805 it's an existing nonconformance, 83 00:03:56,805 --> 00:03:58,645 however, it was previously in allowed use, 84 00:03:58,985 --> 00:04:01,005 but the zone was changed recently. 85 00:04:01,655 --> 00:04:04,085 There is already over 29,000 suite 86 00:04:04,085 --> 00:04:05,565 of storage units on the site. 87 00:04:07,035 --> 00:04:10,565 Substantial justice is done because I'm just saying same. 88 00:04:10,645 --> 00:04:14,085 I just said see above I just mentioned the values 89 00:04:14,145 --> 00:04:15,845 of the surrounding property are not diminished 90 00:04:15,845 --> 00:04:19,045 because as please stated, is already a self storage 91 00:04:19,185 --> 00:04:21,645 and the proposed additional units meet the required setbacks 92 00:04:21,645 --> 00:04:23,245 to the property, property limits. 93 00:04:24,845 --> 00:04:26,845 Little enforcement of the provisions 94 00:04:26,845 --> 00:04:29,205 of the ones would result in an unnecessary hardship. 95 00:04:30,945 --> 00:04:32,565 We would not be able be allowed 96 00:04:32,565 --> 00:04:34,045 to add more storage to the site. 97 00:04:34,045 --> 00:04:35,925 There is already additional space in the site 98 00:04:35,925 --> 00:04:37,525 that could facilitate expansion. 99 00:04:37,985 --> 00:04:40,885 The proposed units also will use existing drive hours. 100 00:04:41,065 --> 00:04:42,925 We are not proposing new parking locations 101 00:04:42,945 --> 00:04:44,125 or new access drives. 102 00:04:46,865 --> 00:04:48,925 The pro use isn't a reasonable use. 103 00:04:49,815 --> 00:04:51,885 Again, just saying it was previously allowed use 104 00:04:51,985 --> 00:04:53,045 and we're not changing the use, 105 00:04:53,075 --> 00:04:55,885 just providing some additional storage facilities. 106 00:05:03,685 --> 00:05:05,805 I I I apologize for the question. 107 00:05:05,905 --> 00:05:08,365 Did you, you get through your five criteria? Yes. 108 00:05:08,705 --> 00:05:11,325 Did I have, I thought I hit off five. Yep. Yes. 109 00:05:26,465 --> 00:05:28,805 So Miss one 110 00:05:28,805 --> 00:05:31,565 of our members called point of order here. 111 00:05:32,845 --> 00:05:35,485 I don't know if you wish to speak to that first 112 00:05:35,785 --> 00:05:37,525 or if you wish to just 113 00:05:38,555 --> 00:05:41,285 have your narrative and Sure. 114 00:05:41,885 --> 00:05:43,845 I could speak to that. Before we started this process, 115 00:05:44,565 --> 00:05:48,525 I reached out to, to the, to the city town 116 00:05:48,705 --> 00:05:50,925 and I was told the process that I need to go through. 117 00:05:51,425 --> 00:05:52,445 So we actually went 118 00:05:52,445 --> 00:05:54,965 to the preliminary planning board first just 119 00:05:54,965 --> 00:05:57,285 to get their recommendation on this, 120 00:05:57,285 --> 00:05:58,525 which they, which they did. 121 00:05:58,525 --> 00:06:00,645 And then I was told that I needed to come here. Okay. 122 00:06:00,645 --> 00:06:03,285 Because it's an existing non-conforming use 123 00:06:03,305 --> 00:06:06,085 and since we're adding, looking to add additional units 124 00:06:06,355 --> 00:06:07,605 that I'd need this variance. 125 00:06:07,605 --> 00:06:09,445 And that's what I was explaining. You're expanding and 126 00:06:09,445 --> 00:06:10,445 That's why I'm here. 127 00:06:10,445 --> 00:06:11,005 Non non-conforming use. Correct. 128 00:06:11,235 --> 00:06:12,235 That was under understanding. 129 00:06:12,235 --> 00:06:16,885 Mr. Satisfied with that Mr. Dietzel, are you satisfied 130 00:06:16,885 --> 00:06:17,885 With that? 131 00:06:17,885 --> 00:06:19,045 I'm, I'm thinking. Yeah. 132 00:06:19,385 --> 00:06:23,765 So are, we're, I guess I'm a little unclear 133 00:06:23,765 --> 00:06:24,885 what we're ruling on. 134 00:06:24,945 --> 00:06:27,405 Is it the buildings buildings themselves 135 00:06:27,705 --> 00:06:29,925 or the expansion of the business? The exp 136 00:06:30,025 --> 00:06:31,025 The new buildings. 137 00:06:32,905 --> 00:06:36,085 The new buildings. Okay. All set? 138 00:06:36,425 --> 00:06:39,445 Yep. Thank you Sir. You may proceed. 139 00:06:40,885 --> 00:06:42,805 I just, other thing I just wanted to point out was 140 00:06:44,605 --> 00:06:45,605 actually if you look at the plan, 141 00:06:45,755 --> 00:06:47,085 they're actually infilling. 142 00:06:47,085 --> 00:06:49,405 So at the time when the previously was developed 143 00:06:49,425 --> 00:06:51,005 and these buildings were put on the site, 144 00:06:51,235 --> 00:06:53,245 they probably envisioned coming back 145 00:06:53,505 --> 00:06:56,005 and as you know, the business grew to in, you know, 146 00:06:56,005 --> 00:06:57,365 to add these additional buildings. 147 00:06:57,515 --> 00:06:59,165 They probably didn't actually think at the time 148 00:06:59,165 --> 00:07:00,285 that the zoning would change 149 00:07:00,345 --> 00:07:03,045 and there'd be extra, you know, steps to go through. 150 00:07:03,145 --> 00:07:05,725 So basically just that I'm saying that's the same use, 151 00:07:06,135 --> 00:07:08,125 we're actually not adding any other imperious 152 00:07:08,125 --> 00:07:09,565 besides the buildings themself 153 00:07:10,385 --> 00:07:13,245 and they meet all the required setbacks. 154 00:07:14,025 --> 00:07:15,045 So I mean, 155 00:07:15,085 --> 00:07:16,805 I really don't have much else to say besides that. 156 00:07:19,435 --> 00:07:23,525 Okay. Any questions 157 00:07:23,545 --> 00:07:24,845 for the applicant from the board? 158 00:07:25,055 --> 00:07:26,885 Quick question. That's right in front. 159 00:07:27,105 --> 00:07:30,165 The proposed 1500 square foot single story building, 160 00:07:30,625 --> 00:07:32,765 how much of the wooded area do you plan on cutting 161 00:07:32,765 --> 00:07:34,245 down to put that in there? 162 00:07:35,185 --> 00:07:36,765 So it's just enough to get the building in? 163 00:07:36,785 --> 00:07:39,645 So it'd be about pretty close to that to 1500 square feet. 164 00:07:40,265 --> 00:07:42,005 And there is, there is a slope there just to note. 165 00:07:42,005 --> 00:07:43,805 So the idea is that it'd be built into that slope. 166 00:07:43,805 --> 00:07:45,525 There's a grade difference there. Okay. 167 00:07:47,545 --> 00:07:50,405 But the, the structure itself were used as the foundation. 168 00:07:50,585 --> 00:07:52,205 So this doesn't, you don't have to clear around it. 169 00:07:52,235 --> 00:07:53,845 It's just to get enough to get the building in. 170 00:07:55,655 --> 00:07:58,035 Thank you. Anybody else from the board? 171 00:07:58,895 --> 00:08:00,075 Mr. Dietzel? Any questions? 172 00:08:00,255 --> 00:08:01,475 No, thank you Mr. Trip. 173 00:08:05,685 --> 00:08:08,865 So the, the, the planning board 174 00:08:10,575 --> 00:08:14,585 said that since it's no longer an approved use, 175 00:08:15,375 --> 00:08:17,065 that you had to come get a variance. 176 00:08:17,785 --> 00:08:19,465 I was, that's what I was told, yes. 177 00:08:19,765 --> 00:08:21,545 Oh, you you weren't at the planning board meeting? 178 00:08:21,825 --> 00:08:23,265 I went to the preliminary planning board meeting, yes. 179 00:08:23,525 --> 00:08:26,345 Oh, I was there. Yeah, I was a couple of months ago. Yep. 180 00:08:26,845 --> 00:08:28,105 Yep. So and 181 00:08:28,165 --> 00:08:29,625 and they went, yeah, they, you know, 182 00:08:29,645 --> 00:08:31,425 the steps they told me was I had to come to them first. 183 00:08:31,485 --> 00:08:33,545 They'd provide a recommendation to this board 184 00:08:33,885 --> 00:08:35,105 and that I'd need to come in front 185 00:08:35,105 --> 00:08:36,945 of the ZBA to get the variance. 186 00:08:37,925 --> 00:08:40,105 And then I, after that I'm going back. 187 00:08:40,205 --> 00:08:42,105 We then would, if we get the variance, 188 00:08:42,645 --> 00:08:44,745 do a full site plan design 189 00:08:44,805 --> 00:08:45,905 and I have to go back to the planning 190 00:08:45,905 --> 00:08:47,025 board for site plan approval. 191 00:08:48,725 --> 00:08:49,905 That's how it was explained to 192 00:08:49,905 --> 00:08:50,905 Me. 193 00:08:50,905 --> 00:08:52,345 So who was supposed to give give you the, 194 00:08:56,985 --> 00:09:01,525 the, you said 195 00:09:01,525 --> 00:09:02,725 that the, the board, 196 00:09:02,745 --> 00:09:05,445 the planning board was gonna give you a, a thing 197 00:09:05,445 --> 00:09:07,405 that we would 198 00:09:09,985 --> 00:09:11,005 You want me to, they 199 00:09:11,005 --> 00:09:12,605 Should have provided a recommendation. 200 00:09:12,605 --> 00:09:14,285 Recommendation from them to this board. 201 00:09:14,545 --> 00:09:16,205 Did they provide recommendation? Oh, 202 00:09:16,675 --> 00:09:19,165 Tell you what, let's go to the 203 00:09:19,795 --> 00:09:23,205 code enforcement please for staff. Ms. Owen. 204 00:09:23,455 --> 00:09:27,725 Thank you. As the applicant stated, requesting a variance 205 00:09:27,725 --> 00:09:31,085 to allow construction of three single story additional 206 00:09:31,245 --> 00:09:35,485 buildings on the property totaling 11,675 square feet 207 00:09:35,665 --> 00:09:39,165 of additional self-storage property is located in the West 208 00:09:39,165 --> 00:09:40,685 running Brook zoning district. 209 00:09:41,465 --> 00:09:43,725 The property currently contains a pre-existing 210 00:09:43,725 --> 00:09:46,045 non-conforming self-storage facility. 211 00:09:46,325 --> 00:09:49,045 Self-storage is not permitted in the west running Brook 212 00:09:49,365 --> 00:09:51,485 district, therefore a variance is required. 213 00:09:52,495 --> 00:09:55,325 Prior to the creation of the West Round Brook district, 214 00:09:55,495 --> 00:09:57,885 which was September 13th, 2019, 215 00:09:58,785 --> 00:10:02,725 the current self storage use was considered preexisting 216 00:10:02,905 --> 00:10:06,645 non-conforming in the general commercial three 217 00:10:07,525 --> 00:10:08,765 district for district, sorry. 218 00:10:09,395 --> 00:10:11,445 When the site plan was originally approved 219 00:10:11,505 --> 00:10:13,725 for self storage in 2005, 220 00:10:14,235 --> 00:10:16,925 self storage was considered a permitted use in the lot. 221 00:10:16,985 --> 00:10:19,445 And at that time it was zone general commercial. 222 00:10:19,665 --> 00:10:21,045 So it's kind of changed over time. 223 00:10:21,705 --> 00:10:24,205 The lot was then moved to general commercial for 224 00:10:24,385 --> 00:10:27,205 and August, August 6th, 2015. 225 00:10:27,385 --> 00:10:29,765 So 10 years after the original approval date, 226 00:10:31,505 --> 00:10:35,005 and now it's West Brook district, which was 2019. 227 00:10:36,225 --> 00:10:39,725 The existing lot of record is approximately 6.08 acres 228 00:10:39,825 --> 00:10:42,725 and contains one existing single story self storage building 229 00:10:42,895 --> 00:10:45,725 three existing two story self storage buildings 230 00:10:45,725 --> 00:10:48,685 and one single story accessory office structure. 231 00:10:49,985 --> 00:10:52,005 As the applicant stated, they did come 232 00:10:52,005 --> 00:10:55,005 before the planning board on June 3rd, 2026. 233 00:10:55,825 --> 00:10:56,925 And that's in accordance 234 00:10:56,925 --> 00:11:01,845 with the zoning ordinance section 1 65 dash 32.4 B 20 235 00:11:02,805 --> 00:11:06,565 for a non-binding discussion to obtain preliminary feedback, 236 00:11:07,275 --> 00:11:08,885 that feedback was 237 00:11:09,165 --> 00:11:11,365 provided as an appropriate expansion 238 00:11:11,465 --> 00:11:13,325 of the existing use on the lot. 239 00:11:15,465 --> 00:11:17,285 And so if it's approved by the board this evening, 240 00:11:17,545 --> 00:11:21,165 as the applicant stated, a site plan amendment is required 241 00:11:21,165 --> 00:11:23,485 to be reviewed and approved by the planning board 242 00:11:24,465 --> 00:11:26,965 and then if approved appropriate permits 243 00:11:26,965 --> 00:11:28,085 and inspections are required. 244 00:11:30,025 --> 00:11:32,525 Ms. Owen, is this a kind of a correct high level 245 00:11:33,345 --> 00:11:36,365 of the dates that you provided 2005 plan approval, 246 00:11:36,385 --> 00:11:38,605 it fit all the criteria, no variance required? 247 00:11:39,425 --> 00:11:43,325 Yes. 2015 sounds like it changed, the zones changed, 248 00:11:43,325 --> 00:11:45,805 which then kind of put it into the preexisting nonconforming 249 00:11:45,985 --> 00:11:49,245 2019 changed again, but still in that same status 250 00:11:49,345 --> 00:11:51,005 or about 11 years-ish of 251 00:11:51,545 --> 00:11:52,545 That's correct. 252 00:11:52,545 --> 00:11:56,205 Yes. Thank you. What I'm seeing on this is a proposed 253 00:11:56,635 --> 00:11:58,365 1500 square feet and, 254 00:11:58,385 --> 00:12:01,005 and I admittedly I may be through your narrative, 255 00:12:01,205 --> 00:12:02,325 i I missed something, 256 00:12:02,385 --> 00:12:06,725 but the applications for 1100, 675 feet, so 257 00:12:06,725 --> 00:12:08,485 There's three buildings total. 258 00:12:08,775 --> 00:12:12,845 There are 1500 square foot on the lower portion of the page, 259 00:12:13,505 --> 00:12:16,325 and just north of that you see the 48 50 260 00:12:16,325 --> 00:12:17,685 square foot single story. 261 00:12:17,785 --> 00:12:20,445 And then just north of that is a third structure at 262 00:12:20,445 --> 00:12:22,165 53 25 square feet. 263 00:12:22,165 --> 00:12:23,165 Single story. 264 00:12:24,205 --> 00:12:26,175 Okay, very good. Thank you. Yeah. 265 00:12:26,395 --> 00:12:27,855 All right. E excuse me, Mr. Chair. 266 00:12:27,855 --> 00:12:29,055 I have one more question. Yes, sir. 267 00:12:29,095 --> 00:12:30,695 I guess I'm, I guess I'm just thick. 268 00:12:30,935 --> 00:12:33,015 I I I'm still not entirely clear. 269 00:12:33,475 --> 00:12:37,455 So if this were a permitted use business, 270 00:12:38,365 --> 00:12:41,095 then the buildings themselves wouldn't require variance 271 00:12:41,095 --> 00:12:45,335 because all the other criteria with setbacks and wetlands 272 00:12:45,335 --> 00:12:46,935 and all the other are met, 273 00:12:47,795 --> 00:12:50,415 but we're ruling on the buildings themselves. 274 00:12:51,995 --> 00:12:55,015 So I, I guess I'm confused as to 275 00:12:55,015 --> 00:12:56,855 what we're actually deciding. So in, 276 00:12:56,875 --> 00:13:00,815 In 2005 it got approved, everything fit kind of 277 00:13:00,815 --> 00:13:01,855 to the point that you had just said. 278 00:13:02,395 --> 00:13:05,135 And then starting in 2015 when they started 279 00:13:05,135 --> 00:13:08,855 to rezone it then no longer fit the criteria for the zone. 280 00:13:08,995 --> 00:13:11,015 So it became a pre-existing non-conforming, 281 00:13:11,925 --> 00:13:14,615 There's no grandfathering in for new 282 00:13:15,015 --> 00:13:16,015 Construction Yeah. 283 00:13:16,015 --> 00:13:17,735 Grandfather for what's there when, 284 00:13:20,355 --> 00:13:22,375 but let me ask you from Ms. 285 00:13:22,395 --> 00:13:25,815 Owen's opinion, which was what I was trying to do, 286 00:13:29,755 --> 00:13:32,815 if we're gonna make a decision on whether he gets a variance 287 00:13:32,815 --> 00:13:35,295 for the building, then 288 00:13:35,525 --> 00:13:39,855 what do we base our decision on? 289 00:13:41,955 --> 00:13:43,855 The five criteria have been met. 290 00:13:45,435 --> 00:13:48,605 It's just because if we were, if we were 291 00:13:48,905 --> 00:13:53,525 to rule on whether he could expand the business, well okay, 292 00:13:53,525 --> 00:13:55,765 that might be an issue, 293 00:13:56,145 --> 00:14:00,525 but what am I missing? It's, 294 00:14:00,555 --> 00:14:03,525 It's, it's a planning board recommendation 295 00:14:03,865 --> 00:14:04,965 or direction, Mr. 296 00:14:05,075 --> 00:14:08,325 Dietzel, and it says that you can't add 297 00:14:08,385 --> 00:14:11,805 to any other building that's non-conforming without 298 00:14:12,345 --> 00:14:13,445 the zoning board. 299 00:14:14,665 --> 00:14:17,405 And so it's, it's not our place necessarily 300 00:14:17,505 --> 00:14:18,805 to question whether 301 00:14:18,905 --> 00:14:22,085 or not the applicant coming forward here. 302 00:14:22,275 --> 00:14:25,765 It's just our place to decide based on that criteria. 303 00:14:25,795 --> 00:14:26,965 Well, I understand that Mr. 304 00:14:26,965 --> 00:14:29,685 Chair, but I'm just trying to understand on what basis 305 00:14:30,345 --> 00:14:32,325 I'm supposed to form my opinion. I would 306 00:14:32,325 --> 00:14:33,965 Think about it like a property at Beaver Lake 307 00:14:34,295 --> 00:14:37,445 where you have those pre-existing, non-conforming cabins, 308 00:14:37,545 --> 00:14:40,485 but then they want to build the garage expansion on it 309 00:14:41,195 --> 00:14:42,255 and now everything else, 310 00:14:42,515 --> 00:14:44,615 or they're building the new house, 311 00:14:44,645 --> 00:14:46,735 it's the exact same footprint, but now 312 00:14:46,735 --> 00:14:48,295 because that original one's gone, 313 00:14:48,485 --> 00:14:50,255 even though it was pre-existing non-conforming, 314 00:14:50,255 --> 00:14:52,005 they no longer have the rights to replace it. 315 00:14:52,345 --> 00:14:54,045 So that's how I'm looking at this one. 316 00:14:55,195 --> 00:14:58,245 That was a good analogy. Well it isn't 317 00:14:58,245 --> 00:15:00,205 because the ones on Beaver Lake were 318 00:15:00,695 --> 00:15:02,485 gonna be non-conforming. Okay. 319 00:15:02,485 --> 00:15:04,325 So, but This is now preexisting non-conforming, 320 00:15:05,385 --> 00:15:07,485 So you, all Right, we'll proceed. 321 00:15:08,255 --> 00:15:09,765 Thank you Mr. Chair. Thank you. 322 00:15:14,715 --> 00:15:18,965 Okay, Ms. Soen, are you all set with your staff report? 323 00:15:19,305 --> 00:15:20,445 Yes. Thank you. Does that complete that? 324 00:15:20,475 --> 00:15:24,695 Alright sir, do you have anything you'd like to rebut? 325 00:15:25,175 --> 00:15:27,295 I do not, Nope. Okay. 326 00:15:28,915 --> 00:15:30,335 Any other questions from the board? 327 00:15:31,035 --> 00:15:33,175 Do you I have one, sorry. Yes sir. 328 00:15:33,575 --> 00:15:36,135 Do you foresee the opportunity, so I don't want 329 00:15:36,135 --> 00:15:37,895 to put any words or assumptions in, 330 00:15:37,895 --> 00:15:40,925 but it looks to me you guys kind of realized this is 331 00:15:42,035 --> 00:15:43,975 the last opportunity to almost capitalize to your point, 332 00:15:43,975 --> 00:15:46,415 the original plans they looked like they thought they could 333 00:15:46,975 --> 00:15:48,695 probably add to it then they couldn't. 334 00:15:49,205 --> 00:15:50,335 This looks like it's probably the last 335 00:15:50,335 --> 00:15:51,535 bite of the apple. Is that the 336 00:15:51,725 --> 00:15:53,655 Yeah, I don't think there's, there is any plans 337 00:15:53,655 --> 00:15:54,815 that I know of them come back 338 00:15:54,815 --> 00:15:56,935 and trying to look for more expansion. No. Got 339 00:15:56,935 --> 00:15:57,935 It. 340 00:15:57,935 --> 00:15:58,105 Thank you 341 00:15:59,835 --> 00:16:00,835 Mr. Henry. 342 00:16:01,155 --> 00:16:03,215 All set. Mr. Donlin? 343 00:16:04,315 --> 00:16:05,495 No thank you Mr. Chair. 344 00:16:05,515 --> 00:16:06,775 My questions all circled 345 00:16:06,775 --> 00:16:09,575 around the origination dates and the zoning change. 346 00:16:10,145 --> 00:16:13,895 Thank you. Alright, well let's make a call to public. 347 00:16:15,515 --> 00:16:18,805 Anybody wish to speak in favor of this application? 348 00:16:18,835 --> 00:16:20,565 This would be your opportunity to come forward 349 00:16:21,705 --> 00:16:25,045 seeing no gestures in the audience, anybody wishes 350 00:16:25,185 --> 00:16:28,125 to oppose this application, this would be your opportunity 351 00:16:28,145 --> 00:16:30,565 to come forward and speak to that matter. 352 00:16:31,775 --> 00:16:34,525 Again, seeing no gestures, no opposition 353 00:16:34,585 --> 00:16:36,725 or support from any abutters 354 00:16:37,545 --> 00:16:39,725 or those who could be considered agreed by this 355 00:16:43,185 --> 00:16:44,765 are all are, we're going 356 00:16:44,765 --> 00:16:47,085 to go quickly here into deliberation. 357 00:16:47,355 --> 00:16:50,405 Does anybody have anything for clarity that they need 358 00:16:50,625 --> 00:16:52,445 before we do so Mr. 359 00:16:52,645 --> 00:16:54,365 O Bimba? Mr. Ani? 360 00:16:54,825 --> 00:16:57,645 No sir. Okay sir. You all set? All set. 361 00:16:57,645 --> 00:17:00,205 Alright, Let's see if we can get through this smoothly. 362 00:17:00,315 --> 00:17:02,605 I'll take a motion to go into deliberation. 363 00:17:02,605 --> 00:17:03,685 Please. Do we make 364 00:17:03,685 --> 00:17:06,605 The motion we go opposed and in favor? 365 00:17:06,605 --> 00:17:09,765 Sorry we did. Sorry. That's all right. Mr. 366 00:17:09,795 --> 00:17:12,805 Trip, did you move that? I did. Okay. Thank you Mr. 367 00:17:12,835 --> 00:17:15,325 Trip needs some support please. I'll second it. 368 00:17:15,325 --> 00:17:18,325 Thank you Ms. Moore. All in favor of deliberation. Say aye. 369 00:17:18,745 --> 00:17:23,525 Aye. Aye. You opposed? None. So we are in deliberation. 370 00:17:25,195 --> 00:17:29,845 Anybody care to wish to lead off on this Mr. 371 00:17:29,995 --> 00:17:30,995 Corbett? 372 00:17:32,365 --> 00:17:35,405 Somewhat interesting. You know, originally 373 00:17:36,055 --> 00:17:39,005 where I may have had concerns was I think kind 374 00:17:39,005 --> 00:17:41,045 of hearing anything in the west writing brook zone. 375 00:17:41,185 --> 00:17:44,925 As we know, I think some sensitivity surrounding variances 376 00:17:44,985 --> 00:17:46,885 to that zone as we've seen in the past 377 00:17:47,705 --> 00:17:49,125 or even in like today's news article 378 00:17:49,875 --> 00:17:51,245 from the last planning board meeting. 379 00:17:51,385 --> 00:17:53,645 But what's being proposed today? 380 00:17:54,605 --> 00:17:57,845 I think that this is fits even more so than when 381 00:17:58,585 --> 00:18:00,405 the motorcycle shop relocated. 382 00:18:01,005 --> 00:18:02,325 I think we have an area that's already 383 00:18:02,325 --> 00:18:03,525 being used for storage. 384 00:18:03,835 --> 00:18:07,125 It's now non-conforming that really any use 385 00:18:07,125 --> 00:18:09,205 of this property from this point forward would basically 386 00:18:09,205 --> 00:18:12,605 have to be gutted and something completely new. 387 00:18:12,645 --> 00:18:14,045 I believe almost hospitality driven. 388 00:18:14,225 --> 00:18:17,245 So to, while it is a good amount of square footage, 389 00:18:17,445 --> 00:18:19,805 I think it's tucked in really well within the property. 390 00:18:19,805 --> 00:18:22,125 The one concern I might have had was cutting down some 391 00:18:22,125 --> 00:18:24,445 of the wooded area, but I think it fits the 392 00:18:24,445 --> 00:18:26,365 needs for the hardship. 393 00:18:26,405 --> 00:18:27,845 I think to Mr. Diet's original points. 394 00:18:27,845 --> 00:18:29,925 It meets the five criteria as far as I can tell. 395 00:18:30,745 --> 00:18:32,605 The fact that it's been pre-existing non-conforming 396 00:18:32,625 --> 00:18:36,285 for about 11 years seems like a shift in the town's focus, 397 00:18:36,385 --> 00:18:38,125 but no need to get rid of this property 398 00:18:39,745 --> 00:18:41,765 Or prevent them from utilizing it to the best they can. 399 00:18:45,295 --> 00:18:48,915 Mr. Diesel? Yeah, I think it meets the, 400 00:18:48,955 --> 00:18:50,635 I think the buildings meet the five criteria. 401 00:18:51,505 --> 00:18:52,955 Okay. Ms. Moore? 402 00:18:54,195 --> 00:18:56,115 I agree with everything that's been stated. 403 00:18:58,575 --> 00:18:59,595 Mr. Trip? 404 00:19:01,335 --> 00:19:04,385 Well it's obviously an expansion of an existing use 405 00:19:05,165 --> 00:19:09,585 and I don't see any 406 00:19:10,605 --> 00:19:14,085 issues with adding 407 00:19:16,355 --> 00:19:17,575 to this existing use. 408 00:19:19,485 --> 00:19:19,775 Okay. 409 00:19:24,715 --> 00:19:26,335 I'm kind of in that same boat. 410 00:19:28,365 --> 00:19:29,375 There's this 411 00:19:33,145 --> 00:19:35,075 soft usage here and, 412 00:19:36,615 --> 00:19:38,915 and I think that it can fit. 413 00:19:41,555 --> 00:19:44,705 Let's structure the motion please. 414 00:19:45,625 --> 00:19:48,745 Subject to all town state and permits inspections. 415 00:19:49,175 --> 00:19:52,505 Subject to planning board, site plan, amendment approval. 416 00:19:54,045 --> 00:19:55,905 So it would go back to the planning board. 417 00:19:56,845 --> 00:19:59,705 Are there any other conditions that the board would like 418 00:19:59,705 --> 00:20:01,745 to have attached to this motion? 419 00:20:03,445 --> 00:20:08,105 The Seeing no, no gestures there. 420 00:20:10,115 --> 00:20:12,865 Let's move out of deliberation, please 421 00:20:13,695 --> 00:20:14,695 Make that motion. 422 00:20:14,885 --> 00:20:16,705 Mr. Corbet Second. 423 00:20:16,915 --> 00:20:18,545 Moves that Mr. Trip seconds. 424 00:20:18,805 --> 00:20:22,225 All in favor of coming deliberation. Say aye. Aye. Aye. 425 00:20:22,245 --> 00:20:24,825 And you opposed? All right 426 00:20:29,045 --> 00:20:30,505 Mrs. Moore, you have a motion to read? 427 00:20:30,945 --> 00:20:34,585 I do. Thank you. I make a motion on case number 428 00:20:35,245 --> 00:20:39,905 two six dash 21 to grant a variance 429 00:20:40,165 --> 00:20:42,585 to the terms of Article six, 430 00:20:42,695 --> 00:20:47,105 section 1 65 dash 32.4 431 00:20:47,725 --> 00:20:52,405 B two zero of the town of dairy zoning ordinance 432 00:20:52,545 --> 00:20:53,965 to allow the construction 433 00:20:54,105 --> 00:20:56,525 of three buildings totaling 434 00:20:56,545 --> 00:21:00,365 11,675 square feet 435 00:21:00,745 --> 00:21:04,125 of additional storage space parcel ID 436 00:21:04,675 --> 00:21:09,005 0 5 0 3 4 zoned WRB 437 00:21:09,945 --> 00:21:12,085 as presented with the following conditions. 438 00:21:12,465 --> 00:21:15,885 We have two. One subject to obtaining Allstate 439 00:21:15,885 --> 00:21:17,765 and town permits and inspections. 440 00:21:18,545 --> 00:21:21,685 Two. Subject to planning board site planned 441 00:21:21,685 --> 00:21:22,885 amendment approval. 442 00:21:23,305 --> 00:21:24,685 And that concludes the reading 443 00:21:24,685 --> 00:21:26,125 of the motion. I need a second. 444 00:21:26,465 --> 00:21:30,735 Second. Motions on the table or on the floor. 445 00:21:30,735 --> 00:21:33,055 Anybody have any additions to that? 446 00:21:34,165 --> 00:21:36,935 Alright, let's move to finding a fact 447 00:21:38,685 --> 00:21:42,455 whereas there's no opposition to this, I would ask board 448 00:21:42,595 --> 00:21:45,175 to a motion to abbreviate the finding of fact. 449 00:21:45,335 --> 00:21:47,015 I have a motion to that please. Chair. I'll make 450 00:21:47,015 --> 00:21:47,855 That motion. Second. 451 00:21:48,405 --> 00:21:51,735 Okay. Mr. Corbet moves. Mr. 452 00:21:52,165 --> 00:21:53,975 Trip seconds. 453 00:21:54,275 --> 00:21:57,175 All in favor of abbreviation of finding facts say aye. A. 454 00:21:57,235 --> 00:21:58,455 Aye. Any opposed? Alright. 455 00:21:59,235 --> 00:22:03,695 In the case of 26 dash 1 21, the applicant is seeking 456 00:22:03,755 --> 00:22:06,175 to add new storage units to a storage facility. 457 00:22:06,235 --> 00:22:09,215 The current business is in the west running brook zone 458 00:22:09,595 --> 00:22:12,575 and the storage facility is a non-conforming business, 459 00:22:12,905 --> 00:22:15,655 which was approved in 2005. 460 00:22:16,995 --> 00:22:21,855 The application is to continue 461 00:22:22,155 --> 00:22:26,695 for that approval where it is currently non-conforming 462 00:22:30,515 --> 00:22:33,295 any amendments to the finding effect, 463 00:22:34,075 --> 00:22:35,335 seeing no gestures there. 464 00:22:36,875 --> 00:22:40,615 All in favor of moving the motion 465 00:22:41,475 --> 00:22:42,535 for votes, say aye. 466 00:22:42,675 --> 00:22:47,295 Aye. Aye. Any opposed? Hearing none. Mr. Corbet vote? Yes. 467 00:22:47,955 --> 00:22:52,295 Mr. Dietzel? Yes. Mr. Trip? Yes. 468 00:22:52,595 --> 00:22:54,655 Mrs. Moore? Yes. And the chair will make 469 00:22:54,655 --> 00:22:57,095 that union unanimous by vote of five to zero. 470 00:22:57,765 --> 00:23:00,015 Anybody agreed by this has 30 days 471 00:23:00,015 --> 00:23:01,615 to ask this board for a rehearing. 472 00:23:01,615 --> 00:23:03,735 After that recourse is superior Court. 473 00:23:04,515 --> 00:23:06,015 Congratulations. Thank you 474 00:23:06,015 --> 00:23:06,815 For your time. Have a good evening. 475 00:23:07,115 --> 00:23:08,295 All right, have a good evening. 476 00:23:16,285 --> 00:23:19,055 Alright, let's proceed to the next one 477 00:23:19,055 --> 00:23:20,215 that was on the agenda. 478 00:23:20,355 --> 00:23:22,455 26 dash 1 22. 479 00:23:22,945 --> 00:23:26,095 Grant Benson third tabled from 480 00:23:26,285 --> 00:23:28,215 July 16th, 2026. 481 00:23:42,915 --> 00:23:44,295 And good evening to you, sir. 482 00:23:44,845 --> 00:23:45,845 Good Evening. 483 00:23:46,795 --> 00:23:49,645 Welcome and we've met before. Yep. 484 00:23:49,705 --> 00:23:52,605 Are you familiar with our protocols? Sure. Okay. 485 00:23:52,995 --> 00:23:55,005 Have you read the five criteria for the record 486 00:23:55,105 --> 00:23:57,885 and then we'll see if we can read you along? 487 00:23:58,025 --> 00:23:59,025 Yep. 488 00:24:00,235 --> 00:24:03,565 Good evening for the record. My name is Kevin Hatch. 489 00:24:03,625 --> 00:24:04,925 I'm a licensed land surveyor 490 00:24:04,925 --> 00:24:07,405 and owner of Cornerstone Survey Associates over in Chester. 491 00:24:08,505 --> 00:24:10,565 The application you have in front of you this evening 492 00:24:11,105 --> 00:24:15,485 is a variance from Article six, section 1 65 493 00:24:16,235 --> 00:24:19,365 dash 46, item C two and C3. 494 00:24:20,535 --> 00:24:25,485 Those require 125 foot road frontage 495 00:24:25,745 --> 00:24:27,885 and 125 foot lot width. 496 00:24:30,425 --> 00:24:34,125 The application you have is for a variance to allow 497 00:24:35,025 --> 00:24:38,725 the existing 13.15 acre parcel, which has 498 00:24:39,635 --> 00:24:41,405 72 feet of frontage. 499 00:24:41,525 --> 00:24:43,125 I do see a typo on the front page 500 00:24:43,145 --> 00:24:45,765 of the variance application, which has 75. 501 00:24:46,635 --> 00:24:48,645 It's actually 72 feet of frontage, 502 00:24:49,785 --> 00:24:51,925 but I will read the five criteria into the record. 503 00:24:53,185 --> 00:24:55,205 Is before you go forward, is the 72 504 00:24:55,505 --> 00:24:58,965 or 75 whatever on the Sherman Drive? Yes, 505 00:24:59,185 --> 00:25:01,685 It, it's 72 feet on Sherman Drive 506 00:25:02,145 --> 00:25:04,165 as shown on the plan on display. 507 00:25:04,255 --> 00:25:05,885 Great, thank you. Please proceed. 508 00:25:06,605 --> 00:25:07,725 Ms. Moore has a question. 509 00:25:08,065 --> 00:25:10,165 I'm not sure if you have it Ms. Owen, 510 00:25:10,265 --> 00:25:13,205 but is there a letter that he can represent? 511 00:25:16,045 --> 00:25:18,565 I do have a letter from Grant at 512 00:25:18,715 --> 00:25:20,005 some point that got turned in. 513 00:25:20,305 --> 00:25:21,605 He will also be along shortly. 514 00:25:22,475 --> 00:25:25,765 Okay. Do you have it readily available? 515 00:25:26,245 --> 00:25:27,925 Lemme see if I got that. I have a, 516 00:25:28,145 --> 00:25:32,085 If we could, if we could have that and have Ms. Owen 517 00:25:34,855 --> 00:25:36,165 There is please accept this 518 00:25:36,245 --> 00:25:37,325 letter and application package. 519 00:25:37,505 --> 00:25:38,845 You do have it. Okay. Thank you. 520 00:25:39,375 --> 00:25:40,965 Their name kind of, it's on the corner 521 00:25:41,745 --> 00:25:42,885 on the Cornerstone letterhead, 522 00:25:42,885 --> 00:25:45,485 but it does state that it's, you know, looks 523 00:25:45,485 --> 00:25:46,565 to me that it's Frank Benson. 524 00:25:46,635 --> 00:25:49,005 Very good. Thank you Mr. Corbet. We're good with that, Mr. 525 00:25:49,055 --> 00:25:50,165 Thank you. You can proceed. 526 00:25:55,145 --> 00:25:58,765 So the five criteria, the variance will not be contrary 527 00:25:58,785 --> 00:25:59,805 to the public interest 528 00:25:59,805 --> 00:26:03,645 because the variance will allow one additional house on a 529 00:26:03,845 --> 00:26:08,165 13.17 acre parcel without additional impact to Sherman Drive 530 00:26:08,185 --> 00:26:09,365 or the surrounding properties. 531 00:26:09,875 --> 00:26:12,725 This parcel was granted a variance for three lots 532 00:26:13,025 --> 00:26:16,725 by this board on April 7th, 2022. 533 00:26:17,025 --> 00:26:19,725 And the landowner would like to reduce that to two lots. 534 00:26:21,985 --> 00:26:24,885 Number two, the spirit of the ordinance is observed 535 00:26:24,885 --> 00:26:28,085 because the intent of the road frontage requirement is 536 00:26:28,085 --> 00:26:30,005 to maintain separation between houses. 537 00:26:30,545 --> 00:26:32,445 And this proposal does just that 538 00:26:33,105 --> 00:26:35,445 the proposed house will be located out 539 00:26:35,445 --> 00:26:36,485 of sight from the road 540 00:26:36,825 --> 00:26:38,685 and in the middle of the 13 acre parcel. 541 00:26:40,525 --> 00:26:43,485 Number three, substantial justice is done 542 00:26:43,485 --> 00:26:47,205 because the variance will allow the landowner a reasonable 543 00:26:47,205 --> 00:26:49,325 use of his land without the expense 544 00:26:49,385 --> 00:26:53,125 or disturbance that constructing a new road would require in 545 00:26:53,125 --> 00:26:55,205 order to satisfy this frontage requirement. 546 00:26:56,425 --> 00:26:57,725 Number four, the value 547 00:26:57,725 --> 00:26:59,725 of the surrounding properties are not diminished 548 00:26:59,725 --> 00:27:04,165 because one additional new home on a 90 acre lot in a 549 00:27:04,165 --> 00:27:06,285 residential neighborhood will have no negative 550 00:27:06,285 --> 00:27:07,565 effect on property values. 551 00:27:08,345 --> 00:27:10,605 New homes and neighborhoods generally 552 00:27:10,925 --> 00:27:12,205 increase surrounding property values. 553 00:27:13,665 --> 00:27:17,005 Number five, and I used a literal enforcement 554 00:27:17,065 --> 00:27:20,405 of the provision of the ordinance would result in an 555 00:27:20,405 --> 00:27:22,725 unnecessary, unnecessary hardship. 556 00:27:23,585 --> 00:27:26,165 And no feren substantial relationship exists 557 00:27:26,165 --> 00:27:27,965 between the general public purpose 558 00:27:28,105 --> 00:27:32,485 of the ordinance provision in the specific application of 559 00:27:32,485 --> 00:27:36,085 that provision to the property requiring the landowner 560 00:27:36,085 --> 00:27:39,085 to construct 400 feet of town road in order 561 00:27:39,105 --> 00:27:42,285 to meet the road frontage requirement would create an 562 00:27:42,285 --> 00:27:44,965 unnecessary hardship due to the unusual shape 563 00:27:44,965 --> 00:27:46,005 of the existing parcel. 564 00:27:46,825 --> 00:27:49,685 The landowner would need to create additional lots in order 565 00:27:49,685 --> 00:27:53,765 to sell, to pay for the road construction when all he needs 566 00:27:53,765 --> 00:27:55,965 to do it, when all he needs is a building 567 00:27:55,985 --> 00:27:57,005 lot for his daughter. 568 00:27:57,865 --> 00:28:01,845 The front, the frontage provision was intended to create, 569 00:28:01,985 --> 00:28:03,405 create rural development, 570 00:28:03,545 --> 00:28:05,245 not require additional development. 571 00:28:12,825 --> 00:28:16,805 Please proceed with your Sure, sure. 572 00:28:16,915 --> 00:28:18,005 Your presentation. Yep. 573 00:28:18,445 --> 00:28:19,685 I can keep this fairly brief. 574 00:28:20,545 --> 00:28:24,885 The parcel that we're looking at was a right of way 575 00:28:25,625 --> 00:28:28,205 off of Sherman Drive originally intended to be a, 576 00:28:28,645 --> 00:28:32,165 a larger subdivision back when Sherman Drive was created. 577 00:28:33,185 --> 00:28:37,285 The parcel that that has, 578 00:28:37,285 --> 00:28:39,965 that frontage is a little over 13 acres. 579 00:28:41,225 --> 00:28:42,965 One house is being constructed out there. 580 00:28:42,965 --> 00:28:44,765 That is an existing driveway out there. 581 00:28:46,345 --> 00:28:48,525 The proposal is essentially to split that 582 00:28:48,825 --> 00:28:51,125 to create the lot to the right. 583 00:28:51,225 --> 00:28:54,645 As we look at that, at that picture, that will allow 584 00:28:54,785 --> 00:28:58,045 for his, his two children to have homes here in Derry 585 00:28:58,795 --> 00:28:59,845 without going 586 00:28:59,865 --> 00:29:03,985 and putting in a great big subdivision in 587 00:29:03,985 --> 00:29:05,705 behind these other folks' homes. 588 00:29:06,075 --> 00:29:07,105 It'll keep it quite rural 589 00:29:07,325 --> 00:29:11,585 and really meets the intent not forcing someone 590 00:29:11,765 --> 00:29:15,185 to over subdivide when they don't desire to or need to. 591 00:29:16,845 --> 00:29:19,625 We understand that this is the first stop on the, 592 00:29:20,245 --> 00:29:21,265 on the permitting process. 593 00:29:22,325 --> 00:29:24,065 If we were granted a variance tonight, 594 00:29:24,405 --> 00:29:27,505 we still need obviously conservation commission 595 00:29:27,765 --> 00:29:30,585 and department heads and then planning board approval. 596 00:29:31,255 --> 00:29:34,025 This subdivision will be reviewed also by Department 597 00:29:34,025 --> 00:29:35,905 of Environmental Services for subdivision. 598 00:29:36,015 --> 00:29:39,185 Also be happy to answer any questions, 599 00:29:40,765 --> 00:29:43,165 but essentially we're going up in there on the existing 600 00:29:43,445 --> 00:29:46,045 driveway and just putting a small driveway off of it. 601 00:29:46,345 --> 00:29:48,605 We have one small wetland impact, which is 602 00:29:49,235 --> 00:29:51,285 something you can just about step over 603 00:29:51,285 --> 00:29:52,565 and not get your sneakers wet. 604 00:29:53,145 --> 00:29:54,925 But we do need a permit for that also. 605 00:29:58,355 --> 00:30:01,445 That would be allowed 606 00:30:01,745 --> 00:30:05,445 and could be used even if they didn't build a second house. 607 00:30:05,545 --> 00:30:08,045 If the existing landowner wanted a barn out there, 608 00:30:08,045 --> 00:30:09,725 they would still need that permit 609 00:30:09,865 --> 00:30:12,045 and the state would grant access across that 610 00:30:13,175 --> 00:30:16,245 Based on the land volume itself. 611 00:30:16,595 --> 00:30:20,885 What is the, what would, what would be the equivalent of 612 00:30:22,115 --> 00:30:24,845 lots that could be put on this? 613 00:30:24,875 --> 00:30:26,445 Just based on the land mass? 614 00:30:27,495 --> 00:30:29,815 I have a conceptual with a cluster subdivision there 615 00:30:29,815 --> 00:30:31,015 with over 14 lots 616 00:30:31,735 --> 00:30:32,735 O over 14. 617 00:30:32,735 --> 00:30:36,375 Yeah. So essentially what you're doing is you're taking, 618 00:30:36,925 --> 00:30:39,215 instead of overdeveloping this area 619 00:30:39,715 --> 00:30:42,615 and creating, let's say even say 10 lots, 620 00:30:43,435 --> 00:30:45,775 you're trading off for two. 621 00:30:45,775 --> 00:30:48,055 Correct. And essentially creating less 622 00:30:48,055 --> 00:30:52,895 of an impact per the land mass than, than 623 00:30:53,045 --> 00:30:57,095 what the, the zoning ordinances would permit. 624 00:30:57,795 --> 00:31:00,655 And, and to be honest, the landowner at had originally 625 00:31:00,655 --> 00:31:03,015 started going down that 14 lot route, 626 00:31:04,275 --> 00:31:06,935 but then realized this isn't really satisfying the goal 627 00:31:06,955 --> 00:31:08,415 of getting my kids a place to live. 628 00:31:10,115 --> 00:31:13,255 So we backed off that and said, let's just scale this back. 629 00:31:13,255 --> 00:31:15,255 If I don't have to put a road up through there 630 00:31:15,315 --> 00:31:18,815 and sell lots to pay for the road, I, 631 00:31:18,975 --> 00:31:20,655 I can accomplish the same end goal 632 00:31:21,115 --> 00:31:23,055 and have a lot less impact on the neighbors. 633 00:31:23,715 --> 00:31:26,295 Got it. Mr. Trip question? 634 00:31:28,555 --> 00:31:33,465 No, it, since it's, 635 00:31:33,685 --> 00:31:37,465 it is the, the property already has a variance 636 00:31:37,485 --> 00:31:40,425 for the driveway access. 637 00:31:42,935 --> 00:31:46,305 That doesn't, that doesn't, that's not a problem to me. 638 00:31:46,885 --> 00:31:51,665 The, do we have to do anything to have a shared driveway? 639 00:31:53,195 --> 00:31:55,245 They'll have an access easement 640 00:31:55,245 --> 00:31:57,725 agreement for the shared driveway. 641 00:32:00,415 --> 00:32:03,925 Okay. Anything else Mr. Trip? 642 00:32:05,685 --> 00:32:07,185 No. Okay. Mr. Morin? 643 00:32:09,685 --> 00:32:12,625 No. I'm a big fan of, less is Moore, so. 644 00:32:13,015 --> 00:32:15,025 Okay. All right. Mr. Corbit, 645 00:32:15,745 --> 00:32:18,425 I remember when this came before us four years ago. 646 00:32:19,825 --> 00:32:22,185 I remember actually that same ar, 647 00:32:22,265 --> 00:32:23,985 I don't wanna say argument, but same argument 648 00:32:24,455 --> 00:32:26,305 that it could be four, you know, upwards 649 00:32:26,305 --> 00:32:27,585 of 12 houses going in there, 650 00:32:27,595 --> 00:32:30,305 which is I believe why three was appealing at 651 00:32:30,305 --> 00:32:31,425 the time, at least to me. 652 00:32:32,265 --> 00:32:33,505 What I remember from the abutters, 653 00:32:33,565 --> 00:32:35,305 and there were quite a few of them here, 654 00:32:35,605 --> 00:32:37,425 but they weren't in opposition. 655 00:32:38,105 --> 00:32:40,445 A lot of them were in favor of it, if I remember correctly, 656 00:32:40,445 --> 00:32:41,445 because of the water 657 00:32:41,625 --> 00:32:44,285 and the way that it currently runs down, I believe 658 00:32:44,285 --> 00:32:47,925 that they saw this as an opportunity really to fix that. 659 00:32:47,965 --> 00:32:49,565 I think there was some flooding that went into a couple 660 00:32:49,565 --> 00:32:51,565 of the houses, if I remember completely correct. 661 00:32:51,705 --> 00:32:54,765 So to go from three to two, I think it's even more of a win. 662 00:32:55,125 --> 00:32:56,685 I really don't have, I guess I'm kind 663 00:32:56,685 --> 00:32:58,285 of going into deliberative, but I don't have 664 00:32:58,285 --> 00:32:59,325 any questions for the applicant. 665 00:32:59,485 --> 00:33:01,685 I think it's pretty self evident. 666 00:33:02,115 --> 00:33:05,005 Okay. Mr. Dietzel? No, thank you Mr. Chair. Okay. 667 00:33:05,005 --> 00:33:08,565 Anybody else on the alternate side? Mr. Ani? Mr. 668 00:33:08,955 --> 00:33:13,205 Omba, Mr. Henry or Mr. Don folks are all set? 669 00:33:14,025 --> 00:33:18,085 I'm all set. Mrs. Owen, just for the record, 670 00:33:18,255 --> 00:33:22,005 let's let you have the give a, an official staff report. 671 00:33:22,255 --> 00:33:25,485 Thank you. As the applicant stated is requesting a 672 00:33:25,485 --> 00:33:27,325 variance to allow the subdivision 673 00:33:27,325 --> 00:33:29,685 of the existing property into two lots, 674 00:33:29,715 --> 00:33:31,845 with both lots having less than the required 675 00:33:33,205 --> 00:33:34,765 frontage and lot width. 676 00:33:34,995 --> 00:33:38,845 This is an existing 13.17 acre lot of record. 677 00:33:39,185 --> 00:33:41,685 The proposed subdivision would create two lots. 678 00:33:41,905 --> 00:33:43,365 One measuring four acres 679 00:33:43,505 --> 00:33:46,405 and a second lot measuring 9.17 acres. 680 00:33:47,065 --> 00:33:49,925 The property is located in the medium density residential 681 00:33:50,205 --> 00:33:53,925 district, which requires 125 feet of lot frontage 682 00:33:54,305 --> 00:33:55,725 and a minimum lot width 683 00:33:55,745 --> 00:34:00,645 of 125 feet at the 35 foot lot line set or setback line, 684 00:34:01,385 --> 00:34:03,405 or 25 feet at the front lot line. 685 00:34:03,405 --> 00:34:05,245 Therefore, the variance is being requested. 686 00:34:06,385 --> 00:34:08,805 The lot has narrow access off of Sherman. 687 00:34:08,805 --> 00:34:10,485 As we can see as a result, 688 00:34:10,485 --> 00:34:13,725 the applicant is proposing the lots will have approximately 689 00:34:13,785 --> 00:34:16,365 35.8 feet of frontage 690 00:34:16,745 --> 00:34:19,565 and 39.66 feet of frontage. 691 00:34:20,225 --> 00:34:23,245 And both lots have a lot width of 21 feet 692 00:34:23,305 --> 00:34:24,605 for the first 200 feet 693 00:34:24,785 --> 00:34:27,525 before widening into the larger portions of the lot, 694 00:34:29,105 --> 00:34:30,845 the applicant is actively 695 00:34:31,405 --> 00:34:33,165 constructing a single family residence 696 00:34:33,165 --> 00:34:35,565 with attached garage on the property, 697 00:34:35,565 --> 00:34:37,405 which would be on the four acre lot. 698 00:34:38,345 --> 00:34:40,525 And then a single family residence is proposed 699 00:34:40,545 --> 00:34:42,765 for the second 9.17 acre lot. 700 00:34:43,675 --> 00:34:47,005 Both lots will be serviced by private septic 701 00:34:47,065 --> 00:34:50,645 and private well as the applicant stated 702 00:34:51,295 --> 00:34:56,125 April 7th, 2022, the variance was granted for this property 703 00:34:56,185 --> 00:35:00,005 to subdivide into three single family buildable lots 704 00:35:00,595 --> 00:35:02,405 with less than the required frontage. 705 00:35:03,075 --> 00:35:05,925 That variance was never acted upon. It has since expired. 706 00:35:07,065 --> 00:35:08,845 And then as the applicant also had stated, 707 00:35:08,945 --> 00:35:10,525 if the variance is approved this evening, 708 00:35:11,005 --> 00:35:13,685 planning board subdivision approval will be required 709 00:35:14,105 --> 00:35:16,445 and appropriate permits and inspections as well. 710 00:35:17,095 --> 00:35:18,095 Thank you. 711 00:35:18,585 --> 00:35:20,125 Is there a, a call here 712 00:35:20,265 --> 00:35:22,085 for a municipal waiver of liability? 713 00:35:24,825 --> 00:35:26,045 Is that fitting on this? 714 00:35:27,705 --> 00:35:29,765 No, because those are considered driveways. 715 00:35:31,115 --> 00:35:35,965 Okay. Dairy regulation allows 716 00:35:35,985 --> 00:35:39,045 up to three homes on a driveway. 717 00:35:39,055 --> 00:35:43,005 After that it becomes a private road by, by your definition. 718 00:35:43,955 --> 00:35:46,445 Yeah. I just, I'm looking at the distance here. Yep. 719 00:35:46,845 --> 00:35:48,605 I mean, what is the property 720 00:35:48,625 --> 00:35:50,805 that's on the right of the screen? 721 00:35:51,595 --> 00:35:53,965 What is the distance that we're going there 722 00:35:54,185 --> 00:35:55,185 At? 723 00:35:55,245 --> 00:35:56,605 I can get you an exact number, 724 00:35:56,665 --> 00:35:59,125 but you'll, you'll notice the existing home 725 00:35:59,265 --> 00:36:03,205 and turnaround up there was intentional for a firetruck. 726 00:36:03,265 --> 00:36:04,565 Yep. We can get a full 727 00:36:05,015 --> 00:36:06,015 Hammerhead there. 728 00:36:06,025 --> 00:36:08,045 Yes. We can get a full firetruck turnaround 729 00:36:08,145 --> 00:36:10,565 as required with our building permit. 730 00:36:10,955 --> 00:36:14,325 Okay, well then that, that we heard from staff on that 731 00:36:14,505 --> 00:36:16,365 and I, I'm fine with that then. 732 00:36:16,565 --> 00:36:18,605 I just seemed like a long stretch, 733 00:36:19,095 --> 00:36:21,805 especially the one to the left over there. Yeah. Good 734 00:36:21,805 --> 00:36:22,285 Luck. Snow blow 735 00:36:22,285 --> 00:36:23,005 On that. Yeah. 736 00:36:23,545 --> 00:36:25,965 Mr. Chair, if I can clarify, the municipal waiver 737 00:36:25,965 --> 00:36:29,005 of liability is required when it's constructed on a Class 738 00:36:29,065 --> 00:36:30,325 six road or Got it. 739 00:36:30,445 --> 00:36:32,085 Anything but a public road. And this Sherman is 740 00:36:32,285 --> 00:36:33,405 considered Class five public. 741 00:36:33,755 --> 00:36:36,725 Fair enough. Okay. Good enough. I'm good with that. 742 00:36:38,525 --> 00:36:39,525 Anything else, Mr. Hatch? 743 00:36:40,845 --> 00:36:42,285 I believe that covers it. 744 00:36:42,325 --> 00:36:43,365 I don't need to take up your time. 745 00:36:43,525 --> 00:36:45,205 I can, I can tell you all about it, 746 00:36:45,225 --> 00:36:47,565 but those are the relevant facts. Alright, 747 00:36:47,595 --> 00:36:48,595 Good enough. 748 00:36:48,885 --> 00:36:50,805 Let's just make a call the public here. 749 00:36:51,245 --> 00:36:55,125 Anybody wishes to speak in favor of this application? 750 00:36:55,125 --> 00:36:56,805 This would be your opportunity to be heard 751 00:36:57,765 --> 00:36:59,285 seeing no one rise here. 752 00:36:59,765 --> 00:37:02,685 Likewise, anybody in opposition to this application. 753 00:37:03,075 --> 00:37:05,005 This is also your opportunity to be heard. 754 00:37:05,505 --> 00:37:08,045 Seeing no gestures there from either call. 755 00:37:09,265 --> 00:37:12,685 If there are no other questions from the board to the 756 00:37:14,595 --> 00:37:17,965 applicant's representation, we can take that motion 757 00:37:18,025 --> 00:37:19,205 and go into deliberation. 758 00:37:20,275 --> 00:37:21,685 I'll make that motion. Mr. 759 00:37:21,915 --> 00:37:24,805 Corbett has the motion go into de deliberation? 760 00:37:25,025 --> 00:37:27,645 Second. Mr. Trip seconds it. Thank you gentlemen. 761 00:37:28,145 --> 00:37:31,605 All in favor of deliberation, say aye. Aye. Any opposed? 762 00:37:34,225 --> 00:37:35,245 Aye. Anybody wanna start? 763 00:37:36,795 --> 00:37:40,165 Well, I wanna steal crystal's. Less is more 764 00:37:42,925 --> 00:37:43,885 Verbiage. Yeah. Yes. 765 00:37:44,185 --> 00:37:46,685 It, it seems that 766 00:37:49,735 --> 00:37:52,585 this is a, a, a good use of the land 767 00:37:53,405 --> 00:37:57,775 and the having 768 00:37:58,325 --> 00:38:00,975 instead of having three houses, having two. 769 00:38:00,975 --> 00:38:02,455 That's a, a good deal. 770 00:38:03,485 --> 00:38:05,295 Okay. Mr. Dietzel? 771 00:38:06,765 --> 00:38:08,335 Well, I think it's pretty straightforward. 772 00:38:09,195 --> 00:38:12,895 It, it meets the first fight criteria pretty nicely. 773 00:38:13,215 --> 00:38:14,375 I don't see any problems there. 774 00:38:14,395 --> 00:38:16,655 The fifth criteria with the hardship, I believe the nature 775 00:38:16,675 --> 00:38:19,495 of the, the, the characteristics 776 00:38:19,515 --> 00:38:22,775 of the land make this a reasonable proposal. 777 00:38:23,485 --> 00:38:26,855 There's, there's plenty of land for two buildings. 778 00:38:26,875 --> 00:38:30,655 We already approved three i I think this is, 779 00:38:31,045 --> 00:38:32,335 this meets the five criteria. 780 00:38:32,845 --> 00:38:35,645 Okay. Mr. Corbett? 781 00:38:35,995 --> 00:38:40,125 Yeah, I agree. Especially, you know, considering back 782 00:38:40,125 --> 00:38:42,045 to the last meeting, it seems like it's an improvement 783 00:38:42,325 --> 00:38:43,525 for the current residents there. 784 00:38:43,625 --> 00:38:46,405 You know, it helps with the need with the water coming down 785 00:38:46,405 --> 00:38:47,565 with the drainage issues. 786 00:38:48,285 --> 00:38:49,685 I think making two lots out 787 00:38:49,685 --> 00:38:51,405 of one giant lot isn't asking too 788 00:38:51,405 --> 00:38:54,165 much. I have no issues with this. 789 00:38:54,425 --> 00:38:57,685 Ms. Moore. I agree with what has been stated, 790 00:38:57,985 --> 00:39:01,445 but also that anything be, I know I said this 791 00:39:01,445 --> 00:39:05,565 before that Mr. Benson touches, he makes it look better. 792 00:39:05,625 --> 00:39:08,125 And if this, these houses are for his kids, I know 793 00:39:08,125 --> 00:39:10,405 that they're gonna be nothing but perfect. 794 00:39:12,835 --> 00:39:16,045 Yeah, so I think based on our prior approval 795 00:39:16,465 --> 00:39:18,765 and the exceptions that were made then, 796 00:39:19,425 --> 00:39:22,005 and this reduces that impact 797 00:39:22,305 --> 00:39:25,085 and makes reasonable use of the property 798 00:39:25,985 --> 00:39:27,965 and I think that's key is that it's reasonable 799 00:39:28,425 --> 00:39:31,565 and certainly is not excessive when you consider 800 00:39:31,995 --> 00:39:33,485 what the trade off could be. 801 00:39:33,885 --> 00:39:37,725 This board has seen numerous times development 802 00:39:37,755 --> 00:39:41,445 that could be more impactful, especially into that east area 803 00:39:41,965 --> 00:39:44,165 portion of the, of the town. 804 00:39:44,985 --> 00:39:48,685 And this is less impact for what could be there. 805 00:39:48,785 --> 00:39:50,885 So I think this is a good trade off as well. 806 00:39:50,905 --> 00:39:52,685 And so I, I can support it. 807 00:39:53,685 --> 00:39:55,165 Structuring the motion we have subject 808 00:39:55,185 --> 00:39:58,125 to obtaining all state and town permits and inspections 809 00:39:58,665 --> 00:40:00,085 and then of course it's subject 810 00:40:00,105 --> 00:40:02,165 to planning board subdivision approval. 811 00:40:03,155 --> 00:40:05,605 Anybody else have any conditions that they'd like 812 00:40:05,605 --> 00:40:07,645 to have added to this motion? 813 00:40:08,545 --> 00:40:10,965 Mr. Chair? I think we're all set then. 814 00:40:11,325 --> 00:40:13,125 Everybody have a motion 815 00:40:13,185 --> 00:40:15,125 to come outta deliberation Mr. Bezel? 816 00:40:15,235 --> 00:40:17,085 I'll make the motion to come outta deliberation. 817 00:40:17,085 --> 00:40:19,165 Thank you very much Mr. Morin. 818 00:40:19,395 --> 00:40:22,525 I'll second it. Mrs. Morin seconds it all in favor 819 00:40:22,525 --> 00:40:23,765 of coming outta deliberation. 820 00:40:23,865 --> 00:40:25,725 Say aye. Aye. Aye. Any opposed? 821 00:40:26,625 --> 00:40:27,965 Mrs. Moore, you have a motion to 822 00:40:27,965 --> 00:40:28,965 Read? 823 00:40:28,965 --> 00:40:33,125 I do. Thank you. I make a motion on case number 26 824 00:40:33,275 --> 00:40:37,445 dash 22 to grant a variance to the terms 825 00:40:37,625 --> 00:40:40,645 of Article six, section one. 826 00:40:40,645 --> 00:40:41,685 Excuse me Mr. Chair. 827 00:40:41,685 --> 00:40:43,365 Point of order. Did we go to the public? 828 00:40:44,305 --> 00:40:47,605 Yes, we did both times. Okay. Yep. 829 00:40:48,265 --> 00:40:49,365 All good. Okay. Thank you. Yep. Thanks. 830 00:40:49,365 --> 00:40:51,645 Yes, you're welcome. I'm sorry. Excuse me Mrs. Moore. Only 831 00:40:51,665 --> 00:40:53,245 I'm allowed to forget that we went to the public. 832 00:40:54,585 --> 00:40:56,405 I'm gonna start over. Okay. 833 00:40:57,085 --> 00:41:01,245 I make a motion on case number two six dash 1 22 834 00:41:01,505 --> 00:41:05,645 to grant a variance to the terms of article six, 835 00:41:06,115 --> 00:41:09,725 section 1 6 5 dash four six 836 00:41:10,565 --> 00:41:14,965 C two and three of the town of Derry zoning ordinance 837 00:41:15,145 --> 00:41:19,565 to allow the subdivision of the property into two lots 838 00:41:19,835 --> 00:41:21,525 with both lots proposed 839 00:41:21,665 --> 00:41:24,645 to have less than the required frontage 840 00:41:24,745 --> 00:41:29,725 and lot width parcel ID 0 9 0 0 1 841 00:41:30,335 --> 00:41:34,045 zoned MDR as presented with the following conditions. 842 00:41:34,425 --> 00:41:37,845 We have two, one subject to obtaining lc 843 00:41:37,845 --> 00:41:39,845 and town permits and inspections. 844 00:41:40,505 --> 00:41:43,845 Two, subject to planning board subdivision approval. 845 00:41:44,465 --> 00:41:45,645 And that concludes the reading 846 00:41:45,665 --> 00:41:46,965 of the motion. I need a second. 847 00:41:47,745 --> 00:41:52,695 Second. That motion is on the, on the floor. 848 00:41:53,355 --> 00:41:56,215 Now let's divert over to finding a fact. Mr. 849 00:41:56,275 --> 00:41:58,815 Corbit, you have Yep. The controls there. 850 00:41:59,025 --> 00:42:01,255 Prior to entering the finding of fact, I'd like 851 00:42:01,255 --> 00:42:05,015 to make a motion as there was no contentious dialogue 852 00:42:05,015 --> 00:42:08,095 regarding this case to do an abbreviated finding of fact. 853 00:42:08,185 --> 00:42:09,255 Could I please have a second? 854 00:42:10,605 --> 00:42:12,415 I'll second that. All right. 855 00:42:12,415 --> 00:42:13,695 Do we need to do it all in favor? 856 00:42:14,435 --> 00:42:15,935 Aye. Aye. Aye. Thank you. 857 00:42:15,985 --> 00:42:19,295 Sorry Mr. Might be sleeping here. That's fine. 858 00:42:19,505 --> 00:42:23,335 Heard. August 20th, 2026 ZBA heard the application 859 00:42:23,695 --> 00:42:24,815 from Grant Benson iii. 860 00:42:24,815 --> 00:42:26,335 Concerning the property located 861 00:42:29,155 --> 00:42:31,655 on Sherman Drive, the applicant is seeking 862 00:42:31,715 --> 00:42:35,135 to subdivide an existing 13 acre lot into two lots. 863 00:42:35,855 --> 00:42:38,615 ZBA previously approved a three lot subdivision in which 864 00:42:38,615 --> 00:42:39,735 the variance had expired. 865 00:42:40,275 --> 00:42:42,895 The application is in the medium density residential zone. 866 00:42:43,695 --> 00:42:46,335 Property has a driveway off Sherman Drive onto the acreage. 867 00:42:46,955 --> 00:42:49,735 The applicant is reducing the impact on the 13 plus acre 868 00:42:49,735 --> 00:42:52,015 parcel and the application is for relief 869 00:42:52,035 --> 00:42:53,815 of both the frontage and the lot width. 870 00:42:55,245 --> 00:42:57,735 Does the board find that this met the five criteria? 871 00:43:00,515 --> 00:43:03,935 Mr. Trip? I'll tell you what, let's go to 872 00:43:08,595 --> 00:43:11,535 All in favor of moving this for this motion for vote. 873 00:43:11,595 --> 00:43:15,335 Say aye. Aye. Aye. Aye. Aye. And you opposed Mr. 874 00:43:15,795 --> 00:43:17,535 Corbet say you 875 00:43:17,755 --> 00:43:20,775 and answering to your question of the five criteria. 876 00:43:20,965 --> 00:43:23,095 Yeah, I think this fits, fits the five criteria, 877 00:43:23,535 --> 00:43:27,255 especially the hardship and the spirit of the ordinance. 878 00:43:27,255 --> 00:43:30,135 And that substantial justice would not be served to do this. 879 00:43:30,165 --> 00:43:31,935 Looking at the surrounding properties, 880 00:43:31,935 --> 00:43:33,375 it was something knowing a lot 881 00:43:33,375 --> 00:43:34,655 of the abutters were in favor of. 882 00:43:35,435 --> 00:43:36,935 So with all of that, I vote yes. 883 00:43:37,245 --> 00:43:38,655 Very good. Mr. Dietzel, 884 00:43:38,655 --> 00:43:40,215 and what do you say to the five criteria 885 00:43:41,235 --> 00:43:42,455 For reason stated by Mr. 886 00:43:42,725 --> 00:43:43,775 Corbett? I vote yes. 887 00:43:44,125 --> 00:43:46,255 Okay. Mr. Trip. 888 00:43:47,875 --> 00:43:49,175 And to the five criteria, 889 00:43:50,175 --> 00:43:52,255 I believe the five criteria are met and I vote 890 00:43:52,315 --> 00:43:53,315 Yes. 891 00:43:53,315 --> 00:43:53,855 Okay. Mrs. Moore 892 00:43:54,265 --> 00:43:57,895 Chair, I also believe that the five criteria has been met. 893 00:43:58,315 --> 00:44:00,415 All right? Yes. And the chair will make that unanimous 894 00:44:00,415 --> 00:44:04,575 by vote of five to zero for the reasons stated already 895 00:44:05,275 --> 00:44:08,455 and protections under the abbreviated findings of fact. 896 00:44:08,555 --> 00:44:11,295 Congratulations Mr. Hatch, to you and your applicant. 897 00:44:11,325 --> 00:44:13,095 Have a good evening. Thank you. I appreciate it. 898 00:44:13,095 --> 00:44:15,095 Anybody, of course, agreed by this has 30 days 899 00:44:15,095 --> 00:44:16,455 to ask the board for reconsideration. 900 00:44:16,455 --> 00:44:17,615 I'm familiar. Thank you. All luck. 901 00:44:21,805 --> 00:44:25,255 Okay, I'll continue on with the regular schedule. 902 00:44:26,355 --> 00:44:30,695 26 dash 1 23 Samra, Raj Audio, 903 00:44:31,325 --> 00:44:32,525 fidelity, LLC. 904 00:44:33,555 --> 00:44:35,845 Good evening board. Good evening, sir, 905 00:44:41,065 --> 00:44:43,685 we ask that you would read the five criteria for the record 906 00:44:44,105 --> 00:44:46,725 and, and then we'll barrage you with questions 907 00:44:46,825 --> 00:44:48,685 as you probably already witnessed. 908 00:44:48,915 --> 00:44:53,885 Sure. And some comic relief as well, I suppose. Welcome. Go 909 00:44:53,885 --> 00:44:54,885 Ahead. 910 00:44:54,885 --> 00:44:57,365 Thank you for the record. My name is Samra Raj. 911 00:44:57,405 --> 00:45:01,445 I own audio fidelity at LC. I'm renting at 84 West Broadway. 912 00:45:01,505 --> 00:45:02,965 And I'm asking for a variance 913 00:45:03,345 --> 00:45:07,045 to run a wholesale auto dealership at that property. 914 00:45:07,765 --> 00:45:12,245 Variances to the terms of Article six, section 1 65, 34 B. 915 00:45:13,065 --> 00:45:15,445 Coming to the questions question one, 916 00:45:15,505 --> 00:45:18,125 the variance will not be contrary to public interest 917 00:45:18,125 --> 00:45:21,565 because granting the requested variance will not alter any 918 00:45:21,565 --> 00:45:23,365 essential character of the neighborhood 919 00:45:23,905 --> 00:45:26,685 nor threaten public health safety of alpha. 920 00:45:27,065 --> 00:45:30,805 The business is licensed wholesale motor vehicle dealership 921 00:45:30,995 --> 00:45:33,405 that conducts business primarily through dealer 922 00:45:33,465 --> 00:45:36,645 to dealer transactions and online communications. 923 00:45:37,105 --> 00:45:39,885 As a result, the operation generates no customer traffic, 924 00:45:40,225 --> 00:45:42,605 no vehicle movement at said premises. 925 00:45:44,225 --> 00:45:47,285 Number two, the spirit of the ordinance is observed 926 00:45:47,285 --> 00:45:50,045 because the purpose of the zoning ordinance is 927 00:45:50,045 --> 00:45:51,445 to promote orderly development. 928 00:45:51,945 --> 00:45:55,565 We are running an office and it is for office purposes only, 929 00:45:56,425 --> 00:45:59,685 and that is how a wholesale dealership is run 930 00:45:59,865 --> 00:46:01,565 as against a retail dealership, 931 00:46:01,825 --> 00:46:03,565 low intensity commercial use. 932 00:46:04,545 --> 00:46:06,645 The business will not involve retail traffic, 933 00:46:07,155 --> 00:46:10,125 outdoor events, vehicle repair operations, 934 00:46:10,125 --> 00:46:11,285 or any vehicle storage. 935 00:46:15,405 --> 00:46:18,485 Question three, substantial justice is done granting the 936 00:46:18,485 --> 00:46:21,045 various, provides the applicant with reasonable use 937 00:46:21,045 --> 00:46:23,845 of the property without imposing any meaningful burden 938 00:46:24,475 --> 00:46:27,045 upon neighboring landowners or the town of Terry. 939 00:46:27,905 --> 00:46:29,645 As stated, this is an office 940 00:46:30,065 --> 00:46:31,965 and will be used for office purposes only. 941 00:46:33,145 --> 00:46:34,925 Number four, the value 942 00:46:34,925 --> 00:46:36,885 of surrounding properties will not be ed. 943 00:46:38,025 --> 00:46:40,805 The proposed wholesale dealership is not expected 944 00:46:41,025 --> 00:46:44,645 to have any adverse effect on surrounding property values. 945 00:46:45,345 --> 00:46:48,005 The operation does not involve any customer visits, 946 00:46:49,065 --> 00:46:51,635 loud activity or any outdoor repair work. 947 00:46:52,375 --> 00:46:54,595 The property will be used as an office only. 948 00:46:55,985 --> 00:46:59,395 Literal enforcement of the provisions of the ordinance 949 00:46:59,925 --> 00:47:02,155 would result in unnecessary hardship. 950 00:47:03,395 --> 00:47:06,995 I chose B. The requested variance represents minimum relief 951 00:47:06,995 --> 00:47:08,755 necessary to permit the operations 952 00:47:09,575 --> 00:47:13,875 as a licensed wholesale dealership post-approval. 953 00:47:14,345 --> 00:47:18,275 This has to be approved by DMV as of second fact. 954 00:47:19,295 --> 00:47:22,235 In conclusion, I would request the variance so 955 00:47:22,235 --> 00:47:23,795 that I can set up my business over here 956 00:47:24,215 --> 00:47:26,755 and then move to DMV to get necessary approvals. 957 00:47:31,185 --> 00:47:33,765 All right, sir, you're welcome to elaborate more, 958 00:47:35,105 --> 00:47:36,105 Sir. 959 00:47:36,105 --> 00:47:38,525 As stated, this is a wholesale dealership. 960 00:47:38,905 --> 00:47:43,045 So we operate from buying cars from one dealer 961 00:47:43,155 --> 00:47:44,405 selling to another dealer. 962 00:47:44,895 --> 00:47:47,845 There is, even if the cars come to us, they have 963 00:47:47,845 --> 00:47:49,765 to be stored in high security places 964 00:47:49,825 --> 00:47:52,045 so they'll not be stored at the place of office. 965 00:47:54,695 --> 00:47:57,205 Other than that, it does not affect the neighbors 966 00:47:57,825 --> 00:48:00,005 or the property value as stated. 967 00:48:02,345 --> 00:48:04,565 Did you say you have to store it in a high security? 968 00:48:05,425 --> 00:48:08,365 Yes, sir. We, these cars are in excess 969 00:48:08,365 --> 00:48:10,485 of a hundred thousand dollars, so they have 970 00:48:10,485 --> 00:48:13,605 to be stored in a place of which, which is secure. 971 00:48:13,945 --> 00:48:18,045 So we have the vault, which is about 15 minutes from here. 972 00:48:19,075 --> 00:48:22,965 I'll be contracting with them to secure all my cars if 973 00:48:22,965 --> 00:48:25,005 and when they come to me. 974 00:48:26,455 --> 00:48:29,245 Vault in Merrimac? Yes sir. Or, okay. 975 00:48:32,375 --> 00:48:35,705 Alright. I I, I Sorry if I threw you off at all 976 00:48:35,725 --> 00:48:37,665 or interrupted you, so please proceed if 977 00:48:37,665 --> 00:48:38,665 You'd No sir. 978 00:48:38,665 --> 00:48:40,265 I'm I, I've concluded. Thank you so much. Okay. 979 00:48:42,785 --> 00:48:44,125 Did you wanna sit down this 980 00:48:55,425 --> 00:48:56,425 Mr. 981 00:48:56,425 --> 00:48:56,725 Dietzel, any questions? 982 00:48:57,145 --> 00:48:58,165 No, thank you Mr. Chair. 983 00:48:58,805 --> 00:49:00,525 Anybody to the right of Mr. Dietzel? 984 00:49:01,405 --> 00:49:04,405 I actually do have a question. So even though you're 985 00:49:04,405 --> 00:49:07,965 listing a name as a dealership, you're not a dealership, is 986 00:49:07,965 --> 00:49:11,045 that what you're You're more of a transactional wholesaler. 987 00:49:11,785 --> 00:49:14,245 So what happens in a wholesale dealership is 988 00:49:14,245 --> 00:49:17,165 that I can buy cars and I can sell cars only to a dealer. 989 00:49:18,025 --> 00:49:21,245 In order for me to get the license to do that, I have 990 00:49:21,245 --> 00:49:23,845 to move to DMV after I get approval from town. 991 00:49:24,385 --> 00:49:27,365 So the variance is from the town so 992 00:49:27,365 --> 00:49:29,125 that I can be a wholesale dealer. 993 00:49:29,395 --> 00:49:31,925 Once the board approves, I have to go 994 00:49:31,925 --> 00:49:33,125 to DMV and get my license. 995 00:49:33,595 --> 00:49:36,245 Without the license, I can't operate even if 996 00:49:36,245 --> 00:49:37,365 you give us the approval. 997 00:49:39,125 --> 00:49:43,005 Okay. Mr. Corbett, 998 00:49:43,785 --> 00:49:47,045 Are you renting an office within the building 999 00:49:47,145 --> 00:49:48,325 or do you know? 1000 00:49:48,325 --> 00:49:51,645 Are you replacing I think it's, it's accountants 1001 00:49:51,645 --> 00:49:52,765 that are currently in there now? 1002 00:49:52,945 --> 00:49:54,885 Yes sir. So the accountants are on the ground 1003 00:49:54,885 --> 00:49:56,285 floor? I'm at the lower level. 1004 00:49:56,515 --> 00:49:57,845 Okay, so you'll just be renting, 1005 00:49:57,845 --> 00:50:00,445 basically just renting a room within the lower 1006 00:50:00,585 --> 00:50:02,005 or renting out the lower level 1007 00:50:02,065 --> 00:50:03,365 or a room within the lower level? 1008 00:50:03,425 --> 00:50:05,165 Yes. And that's currently unoccupied. 1009 00:50:05,435 --> 00:50:07,125 I've already rented it out. 1010 00:50:07,145 --> 00:50:09,885 So from June 1st I'm actually paying rent. Yep. 1011 00:50:10,105 --> 00:50:12,285 But without this variance, I can't operate 1012 00:50:12,895 --> 00:50:13,895 Prior. 1013 00:50:13,895 --> 00:50:15,125 And you might not know this. That's okay. 1014 00:50:15,125 --> 00:50:16,725 Prior to you entering into the 1015 00:50:16,725 --> 00:50:17,925 agreement, do you know what was 1016 00:50:18,705 --> 00:50:19,705 In that bottom? 1017 00:50:19,705 --> 00:50:21,365 There was, yes sir. There was a registration agent 1018 00:50:21,365 --> 00:50:22,965 that occupied that place. 1019 00:50:23,155 --> 00:50:24,485 They have moved since. Got 1020 00:50:24,485 --> 00:50:25,485 It. 1021 00:50:25,485 --> 00:50:25,565 Thank you 1022 00:50:28,505 --> 00:50:29,505 Mr. 1023 00:50:29,505 --> 00:50:29,835 Trip. 1024 00:50:30,705 --> 00:50:33,325 So there would, there'll be no cars 1025 00:50:34,705 --> 00:50:36,165 at at this site? 1026 00:50:36,465 --> 00:50:40,205 Yes sir. Other than yours? Yes. I have a car. Yes. 1027 00:50:42,875 --> 00:50:45,685 Well, seems pretty straightforward 1028 00:50:47,585 --> 00:50:50,205 Mrs. Moore, I don't have this. 1029 00:50:51,075 --> 00:50:54,525 Okay. Mr. Henry, my questions. Very good answer. Thank you. 1030 00:50:54,635 --> 00:50:55,845 Okay. And Mr. Don? 1031 00:50:57,505 --> 00:50:59,125 I'm good Mr. Chair. Thank you. Okay, 1032 00:51:01,905 --> 00:51:02,905 Ms. 1033 00:51:02,905 --> 00:51:03,965 Soen, you want give us a staff report. 1034 00:51:04,175 --> 00:51:06,925 Thank you. The applicant is requesting a variance 1035 00:51:06,925 --> 00:51:07,965 to allow the operation 1036 00:51:07,965 --> 00:51:10,005 of a wholesale automobile dealership 1037 00:51:10,115 --> 00:51:11,965 sale business from the property. 1038 00:51:12,805 --> 00:51:14,525 Property is located in the office 1039 00:51:15,165 --> 00:51:18,445 business district OBD automobile sales is not a permitted 1040 00:51:18,445 --> 00:51:19,725 use in the zoning district. 1041 00:51:20,405 --> 00:51:23,085 Therefore the variance is being requested this evening. 1042 00:51:24,195 --> 00:51:25,325 This originated 1043 00:51:25,985 --> 00:51:29,045 or came to us as a change of use application originally 1044 00:51:29,105 --> 00:51:30,965 and a zoning determination was made 1045 00:51:30,965 --> 00:51:32,165 that a variance is required 1046 00:51:32,165 --> 00:51:33,605 because the use is not permitted. 1047 00:51:35,065 --> 00:51:37,445 And so they, you know, requesting relief this evening. 1048 00:51:38,025 --> 00:51:42,885 So the existing property is approximately 0.3 acres. 1049 00:51:43,325 --> 00:51:46,005 Contains an existing multi-tenant office building. 1050 00:51:46,305 --> 00:51:47,965 The original site plan was approved 1051 00:51:47,985 --> 00:51:49,925 by the planning board in 2003. 1052 00:51:51,105 --> 00:51:53,965 And it was constructed in 2003 to 2004. 1053 00:51:54,865 --> 00:51:58,045 The proposed business activity would be limited, limited 1054 00:51:58,185 --> 00:52:00,845 to administrative office functions only. 1055 00:52:01,545 --> 00:52:04,565 No retail sales or walk-in. Customers are proposed. 1056 00:52:04,785 --> 00:52:07,805 No vehicles associated with the business would be stored, 1057 00:52:07,865 --> 00:52:09,805 parked, or displayed on the property 1058 00:52:10,305 --> 00:52:12,845 and all wholesale transactions would occur offsite. 1059 00:52:13,635 --> 00:52:17,005 This approval is required for the applicant to apply 1060 00:52:17,065 --> 00:52:19,525 for his wholesale motor vehicle dealer license 1061 00:52:19,555 --> 00:52:20,685 from the state of New Hampshire. 1062 00:52:20,765 --> 00:52:24,165 DMV and a wholesale dealer license 1063 00:52:24,715 --> 00:52:28,285 does not permit direct resale retail sales to the direct, 1064 00:52:28,505 --> 00:52:30,165 to the general public as well. 1065 00:52:31,265 --> 00:52:33,325 And the code enforcement office is required 1066 00:52:33,325 --> 00:52:35,285 to provide sign off with the state 1067 00:52:35,285 --> 00:52:37,925 of New Hampshire DMV for his license. 1068 00:52:39,185 --> 00:52:41,845 And then if approved this evening, the applicant is required 1069 00:52:41,845 --> 00:52:44,045 to complete the change of use application process 1070 00:52:44,195 --> 00:52:45,405 with the planning department. 1071 00:52:46,465 --> 00:52:47,925 If a sign is requested, 1072 00:52:48,245 --> 00:52:50,165 assigned permit will be required at that time. 1073 00:52:50,825 --> 00:52:53,125 And if approved this evening, appropriate permits 1074 00:52:53,125 --> 00:52:54,285 and inspections will be required. 1075 00:52:55,425 --> 00:53:00,405 So the change of use aspect, this is a renter 1076 00:53:00,425 --> 00:53:02,845 to the building, not the owner of the building. 1077 00:53:04,145 --> 00:53:09,045 And, and this change of use is going to be 1078 00:53:09,265 --> 00:53:12,405 for a wholesale aspect 1079 00:53:12,815 --> 00:53:14,565 where there's no displays. 1080 00:53:15,225 --> 00:53:16,285 And I don't want to question 1081 00:53:16,595 --> 00:53:18,965 what you do inter building here, 1082 00:53:20,425 --> 00:53:24,685 but if there's a change of use review on this 1083 00:53:25,915 --> 00:53:30,805 when he vacates the building, that there again, 1084 00:53:31,355 --> 00:53:33,085 that variance is going to go with him. 1085 00:53:33,145 --> 00:53:34,145 Am I correct 1086 00:53:35,065 --> 00:53:37,445 In that is a decision the board can make? Yes. 1087 00:53:37,555 --> 00:53:40,525 Yeah. Okay. I think this goes to Mrs. 1088 00:53:40,995 --> 00:53:45,365 Morin's pointing out on our spring conferences that 1089 00:53:45,945 --> 00:53:50,805 on, on land use board purview. 1090 00:53:50,985 --> 00:53:53,965 So it kind of concerns me 1091 00:53:53,965 --> 00:53:56,805 and I, I'll go back to this in deliberation, 1092 00:53:56,905 --> 00:53:59,965 but I just want to be, be clear on the little ins 1093 00:53:59,965 --> 00:54:02,245 and outs of, of this matter. 1094 00:54:02,465 --> 00:54:07,085 So you have anything else Mr. Raj? 1095 00:54:07,465 --> 00:54:08,645 No sir. Thank you. Okay. 1096 00:54:08,705 --> 00:54:11,005 Any other questions for the applicant? 1097 00:54:12,205 --> 00:54:15,695 Alright, let's make a call to public then 1098 00:54:15,835 --> 00:54:18,615 and anybody in favor of this application. 1099 00:54:18,685 --> 00:54:21,175 This would be your opportunity to come forward 1100 00:54:22,035 --> 00:54:26,295 seeing no rise there, anybody who is in opposition 1101 00:54:26,315 --> 00:54:28,935 to this application, this would be your opportunity 1102 00:54:29,115 --> 00:54:30,575 to be heard as well. 1103 00:54:31,195 --> 00:54:33,175 And once again, I see no one rise. 1104 00:54:35,555 --> 00:54:38,455 If we're all set, we can go into, 1105 00:54:42,915 --> 00:54:45,855 before we go into deliberation, I think one 1106 00:54:45,855 --> 00:54:49,895 of the things I'd like to specify on this application is 1107 00:54:49,895 --> 00:54:51,815 that this is wholesale only 1108 00:54:52,435 --> 00:54:55,415 and you know, whereas we know that this variance is going 1109 00:54:55,415 --> 00:54:59,855 with the individual itself, I still would like to ensure 1110 00:54:59,855 --> 00:55:02,735 that this is wholesale so that there's no 1111 00:55:03,435 --> 00:55:05,015 misinterpretation later on 1112 00:55:05,015 --> 00:55:07,975 and we end up with a used car lot in the, in this 1113 00:55:08,535 --> 00:55:09,615 building at a later point. 1114 00:55:10,635 --> 00:55:13,095 You see a problem with that Mr. Ra? No sir. 1115 00:55:13,155 --> 00:55:14,735 We will never enter the retail 1116 00:55:15,135 --> 00:55:16,135 Business. 1117 00:55:16,135 --> 00:55:18,855 Alright, so we'll probably make that a condition, 1118 00:55:19,135 --> 00:55:20,215 A condition on the motion. 1119 00:55:21,435 --> 00:55:22,695 Now that I'm clear on that, 1120 00:55:22,825 --> 00:55:25,375 let's make a motion go into deliberation. Please 1121 00:55:25,405 --> 00:55:26,405 Make that motion. 1122 00:55:26,405 --> 00:55:27,975 Thank you Mr. Corbit. Mr. Trip. Second. 1123 00:55:28,065 --> 00:55:30,615 Thank you very much. Almost a step ahead of me. 1124 00:55:31,315 --> 00:55:34,095 All in favor of deliberation? Say aye. Aye. Aye. 1125 00:55:34,275 --> 00:55:37,935 Any opposed? Anybody wish to lead off? 1126 00:55:38,535 --> 00:55:41,215 I can dive in. I find this one's a little bit interesting 1127 00:55:41,325 --> 00:55:42,895 when you gotta look at the five criteria. 1128 00:55:44,515 --> 00:55:47,095 You know, it first comes across, you see a car dealership 1129 00:55:47,235 --> 00:55:50,255 and I think it gets everybody's radar up a little bit. 1130 00:55:51,155 --> 00:55:53,375 And then as you hear from 'em 1131 00:55:53,375 --> 00:55:54,615 and you look at the property, 1132 00:55:54,805 --> 00:55:57,815 it's really just an administrative business 1133 00:55:58,715 --> 00:56:03,455 and the wholesale dealer portion 1134 00:56:03,515 --> 00:56:07,935 of it to me just seems more of, not necessarily a variance 1135 00:56:07,935 --> 00:56:10,175 that couldn't keep up, but a position that you know, 1136 00:56:10,175 --> 00:56:13,895 may not have been able to be really thought of at the time. 1137 00:56:13,995 --> 00:56:16,335 You know, if there's gonna be a middleman, so 1138 00:56:16,335 --> 00:56:17,495 to speak for something like this. 1139 00:56:18,315 --> 00:56:21,175 So I don't think it's necessarily bringing a full dealership 1140 00:56:21,175 --> 00:56:22,255 in like we have up the street. 1141 00:56:22,695 --> 00:56:24,885 I think, you know, as you kind of continue on that street, 1142 00:56:25,645 --> 00:56:27,605 I don't think something like this is the most offensive 1143 00:56:28,805 --> 00:56:30,085 business that'll have been in 1144 00:56:30,085 --> 00:56:31,445 operation within the last five years. 1145 00:56:32,345 --> 00:56:34,205 You know, just to kind of put a cap on that. 1146 00:56:34,265 --> 00:56:35,925 But I see, really see no issue with this. 1147 00:56:36,005 --> 00:56:37,645 I don't really think it's against the public interest. 1148 00:56:38,685 --> 00:56:42,085 I don't see how it would, how the spirit of the ordinance 1149 00:56:42,085 --> 00:56:44,125 or substantial justice would be served 1150 00:56:44,185 --> 00:56:47,325 by not granting it for this one. 1151 00:56:48,405 --> 00:56:49,885 I do think the property could be reasonably 1152 00:56:49,885 --> 00:56:51,125 used in strict conformance. 1153 00:56:51,225 --> 00:56:54,005 You know, that's the one that I might wrestle with. 1154 00:56:54,065 --> 00:56:55,845 But again, I think that an argument can be made 1155 00:56:55,905 --> 00:56:58,285 for any administrative role like this 1156 00:56:58,285 --> 00:57:00,365 that it does fit into more of an office based, 1157 00:57:03,745 --> 00:57:05,485 what's the word I'm thinking of business than 1158 00:57:05,805 --> 00:57:06,925 a dealership type of business. 1159 00:57:07,675 --> 00:57:08,725 They're transactional. 1160 00:57:11,425 --> 00:57:13,075 Okay. Mr. Dietzel, 1161 00:57:14,675 --> 00:57:15,675 I agree with Mr. 1162 00:57:15,675 --> 00:57:16,675 With Mr. 1163 00:57:17,095 --> 00:57:20,555 T's point points as well as the chair. 1164 00:57:20,735 --> 00:57:23,355 And I agree also with the chair, just to reiterate 1165 00:57:23,425 --> 00:57:26,035 that even though it may be overkill, I believe 1166 00:57:26,035 --> 00:57:28,955 that we should put specific restrictions 1167 00:57:29,535 --> 00:57:32,035 if we do grant this variance to, 1168 00:57:32,295 --> 00:57:36,795 to alleviate any concerns about future on site sales. 1169 00:57:37,505 --> 00:57:41,295 Okay. Mr. Trip, anything? 1170 00:57:42,165 --> 00:57:43,935 Well, I'd just like to point out that one 1171 00:57:43,935 --> 00:57:45,495 of the permitted uses in the, 1172 00:57:46,035 --> 00:57:48,135 the office business district is an office. 1173 00:57:49,315 --> 00:57:53,655 You know, so the, I don't see where 1174 00:57:54,375 --> 00:57:57,935 this is much of a stretch to allow 1175 00:58:00,415 --> 00:58:03,735 a wholesale dealer to, to have an office 1176 00:58:03,915 --> 00:58:05,855 to process paperwork. 1177 00:58:06,405 --> 00:58:09,815 Sure. And I, and I kind of can see that gray line also, 1178 00:58:09,915 --> 00:58:14,815 but I wanna make sure whatever we are appro, I know one 1179 00:58:14,815 --> 00:58:18,095 of the strategies has been to diminish 1180 00:58:18,955 --> 00:58:21,175 car dealers in the community and, 1181 00:58:21,195 --> 00:58:25,135 but I also understand that office stipulation argument 1182 00:58:25,135 --> 00:58:26,135 that you've presented. 1183 00:58:27,475 --> 00:58:30,295 So I, I think the overall, I'm in concurrence 1184 00:58:30,295 --> 00:58:33,615 with the affirm the affirmations of the other 1185 00:58:34,575 --> 00:58:35,735 members of the board. 1186 00:58:36,375 --> 00:58:39,055 I would ask for two conditions to be applied just 1187 00:58:39,875 --> 00:58:44,415 as a matter of eh, dotting our i's crossing our T's 1188 00:58:45,095 --> 00:58:48,215 second condition would be wholesale dealership only. 1189 00:58:49,235 --> 00:58:52,335 And number three would be the variance 1190 00:58:52,335 --> 00:58:56,815 of sunset when the applicant leaves the premises. 1191 00:58:57,805 --> 00:59:01,695 Anybody have any other conditions or exceptions to that? 1192 00:59:02,395 --> 00:59:04,215 I'm always in favor of a formal Sunset 1193 00:59:06,215 --> 00:59:07,575 Mack, Mrs. Moore. 1194 00:59:07,895 --> 00:59:10,855 I just wanna, I, 'cause I was skipped over. Yep. 1195 00:59:11,085 --> 00:59:15,175 That I know for a fact that he is only getting an office 1196 00:59:15,175 --> 00:59:17,095 because you have to have an office. 1197 00:59:17,435 --> 00:59:21,885 The state requires it so he can get the proper insurances 1198 00:59:22,145 --> 00:59:23,965 and a dealer plate I'm assuming. 1199 00:59:24,185 --> 00:59:25,365 And a lot 1200 00:59:25,365 --> 00:59:27,765 of places you'd be surprised will not let you in 1201 00:59:27,765 --> 00:59:29,605 without all that paperwork. 1202 00:59:29,985 --> 00:59:32,205 So, and at first I was worried, 1203 00:59:32,265 --> 00:59:33,765 but as soon as you said wholesale 1204 00:59:34,165 --> 00:59:36,725 and a hundred thousand, that's a lot 1205 00:59:36,725 --> 00:59:37,765 of money to put out there. 1206 00:59:38,835 --> 00:59:41,085 Okay. Did I skip over you? 1207 00:59:41,235 --> 00:59:44,245 Yeah, but I just wanted like he could do everything from 1208 00:59:44,805 --> 00:59:46,885 probably his bed, but the seat is going 1209 00:59:46,885 --> 00:59:49,045 to make him have an office. Yep. 1210 00:59:49,435 --> 00:59:51,525 Okay. Well, all right. Good enough. 1211 00:59:51,545 --> 00:59:54,165 So everybody's good with the two conditions added to this. 1212 00:59:54,185 --> 00:59:55,645 So we get three total Mr. 1213 00:59:55,715 --> 00:59:57,605 More you, you have track of all those? 1214 00:59:58,325 --> 01:00:00,165 I can swap swap papers with you if you'd like. 1215 01:00:00,265 --> 01:00:01,605 You're the best. There you go. 1216 01:00:02,345 --> 01:00:04,525 Pardon me Mr. Chair, if I may to interrupt. 1217 01:00:04,665 --> 01:00:05,845 We we're just having a problem 1218 01:00:05,845 --> 01:00:08,085 where folks are tending to stray away from the mic. 1219 01:00:08,225 --> 01:00:10,325 If we could just ensure proximity to the microphone. 1220 01:00:10,595 --> 01:00:14,685 Very good. We will heed that advice Mr. 1221 01:00:15,035 --> 01:00:16,725 Preventer thumb. So thank you. 1222 01:00:18,085 --> 01:00:22,165 I think we're good on the structure of the motion, 1223 01:00:22,425 --> 01:00:24,285 so if we can take a motion come outta 1224 01:00:24,285 --> 01:00:25,525 deliberation, I'd appreciate it. 1225 01:00:25,555 --> 01:00:26,605 I'll make that motion. Thank 1226 01:00:26,605 --> 01:00:27,605 You Mr. 1227 01:00:27,605 --> 01:00:29,125 Corbitt. Mr. Dietzel. Second. Thank you sir. 1228 01:00:29,585 --> 01:00:32,365 And all in favor of coming outta deliberation, say aye. Aye. 1229 01:00:32,365 --> 01:00:34,565 Aye. Aye. Any opposed? Hearing none. 1230 01:00:36,625 --> 01:00:38,005 Mrs. Moore, you have a motion to read? 1231 01:00:38,405 --> 01:00:42,845 I do. Thank you. I make a motion on case number 26 1232 01:00:43,115 --> 01:00:47,925 dash 23 to grant a variance to the terms of Article 1233 01:00:48,465 --> 01:00:53,285 six, section 1 6 5 3 4 B 1234 01:00:53,665 --> 01:00:58,205 of the town of dairy zoning ordinance to allow the operation 1235 01:00:58,305 --> 01:01:02,005 of a wholesale auto dealer from the property 1236 01:01:02,825 --> 01:01:06,605 parcel ID two six zero four five 1237 01:01:07,175 --> 01:01:11,165 zoned OBD as presented with the following conditions. 1238 01:01:11,585 --> 01:01:15,285 We have three. One subject to obtaining outstate 1239 01:01:15,305 --> 01:01:17,285 and town permits and inspections. 1240 01:01:17,905 --> 01:01:21,445 Two. Wholesale dealership only three. 1241 01:01:21,845 --> 01:01:25,565 Variance to sunset when the applicant leaves the premises. 1242 01:01:26,025 --> 01:01:28,045 And that concludes the reading of the motion. 1243 01:01:28,285 --> 01:01:30,765 I need a second please. Second 1244 01:01:31,235 --> 01:01:32,235 Trip. 1245 01:01:32,235 --> 01:01:36,645 Mr. Trip has a second that puts the motion on the floor. 1246 01:01:36,745 --> 01:01:38,285 Mr. Corby, you got finding a fact? 1247 01:01:38,545 --> 01:01:42,565 Yes. Finding a fact for case 26 dash 1 23 heard. 1248 01:01:42,565 --> 01:01:44,125 August 20th, 2026. 1249 01:01:44,725 --> 01:01:45,925 ZBA heard the application 1250 01:01:46,105 --> 01:01:51,085 of SMA Raj Audio fidelity LLC Concerning the property 1251 01:01:51,085 --> 01:01:53,405 located at 84 West Broadway, 1252 01:01:53,465 --> 01:01:58,005 parcel ID 2 6 0 4 5 notice was 1253 01:01:58,445 --> 01:02:00,565 provided to the immediate buts per statute. 1254 01:02:00,945 --> 01:02:02,765 The board received testimony from the 1255 01:02:02,765 --> 01:02:03,965 applicant and from town staff. 1256 01:02:04,405 --> 01:02:06,365 Before I go any further, as no abutters 1257 01:02:06,365 --> 01:02:09,045 or members of the public spoke, may I please make a motion 1258 01:02:09,745 --> 01:02:11,565 to do an abbreviated finding of fact, 1259 01:02:12,515 --> 01:02:13,515 I'll make that motion. 1260 01:02:13,865 --> 01:02:16,725 Motion is seconded. Can I please? All in favor, 1261 01:02:17,305 --> 01:02:17,925 Aye. Aye. 1262 01:02:18,025 --> 01:02:19,885 Aye. Thank you. So with that, 1263 01:02:20,165 --> 01:02:22,565 the applicant is allowing a variance to allow the operation 1264 01:02:22,565 --> 01:02:25,445 of a wholesale automo automobile dealership 1265 01:02:25,445 --> 01:02:26,765 sales business from the property. 1266 01:02:27,265 --> 01:02:29,765 The property is located in the office business district 1267 01:02:29,825 --> 01:02:32,765 and automobile sales is not a permitted use within the OBD, 1268 01:02:32,765 --> 01:02:34,045 therefore, variance is required. 1269 01:02:34,945 --> 01:02:36,925 The application did originate as a change 1270 01:02:37,045 --> 01:02:37,885 of use application 1271 01:02:37,885 --> 01:02:39,245 submitted through the planning department. 1272 01:02:39,305 --> 01:02:41,805 During that review process, the zoning termination 1273 01:02:42,345 --> 01:02:44,485 was issued identifying the automobile sales 1274 01:02:44,575 --> 01:02:45,605 being non permitted. 1275 01:02:46,165 --> 01:02:48,325 Although this is wholesale auto dealership, 1276 01:02:49,385 --> 01:02:53,045 the subject property consists of approximately 0.3 acre 1277 01:02:53,185 --> 01:02:55,565 and contains an existing multi-tenant office building. 1278 01:02:56,315 --> 01:02:57,725 That original site plan was approved 1279 01:02:57,725 --> 01:02:59,405 by the planning board in 2003 1280 01:02:59,505 --> 01:03:01,365 and constructed between then and 2004. 1281 01:03:02,225 --> 01:03:03,525 The proposed business activity 1282 01:03:03,825 --> 01:03:06,845 for the wholesale automobile dealership will be limited 1283 01:03:06,945 --> 01:03:09,045 to administrative office functions only. 1284 01:03:09,585 --> 01:03:10,845 No retail vehicle sales 1285 01:03:10,905 --> 01:03:12,765 or walking customers are being proposed 1286 01:03:13,025 --> 01:03:15,725 and no vehicles associated with the business will be stored, 1287 01:03:15,745 --> 01:03:17,565 parked, or displayed on the property. 1288 01:03:18,105 --> 01:03:20,405 All wholesale transaction will occur offsite. 1289 01:03:21,155 --> 01:03:23,365 This approval is required for the applicant to apply 1290 01:03:23,385 --> 01:03:26,125 for a wholesale motor vehicle dealer license from the 1291 01:03:26,125 --> 01:03:27,885 New Hampshire Department of Motor Vehicles. 1292 01:03:28,705 --> 01:03:31,605 And the wholesale dealer license does not permit direct 1293 01:03:31,625 --> 01:03:33,365 retail sales to the general public. 1294 01:03:34,635 --> 01:03:36,965 Code enforcement will be required to provide sign off 1295 01:03:36,965 --> 01:03:39,565 as part of the state dealer licensing application process. 1296 01:03:40,465 --> 01:03:41,885 And lastly, if approved by the board, 1297 01:03:41,985 --> 01:03:43,925 the applicant is required to complete the change 1298 01:03:43,925 --> 01:03:46,365 of use application process with the planning department. 1299 01:03:48,635 --> 01:03:50,005 Does anybody have any additions 1300 01:03:50,005 --> 01:03:51,805 or addendums to make to the finding of fact 1301 01:03:52,865 --> 01:03:54,125 Seeing no gestures there. 1302 01:03:54,125 --> 01:03:55,725 Thank you. All right. All in favor 1303 01:03:55,745 --> 01:03:56,885 of moving this for a vote? 1304 01:03:56,945 --> 01:03:59,605 Say aye. A aye. Any opposed? Mr. Corbett? 1305 01:03:59,605 --> 01:04:01,285 I vote yes. Mr. Oh, 1306 01:04:01,325 --> 01:04:03,125 I just to the five criteria as mentioned 1307 01:04:03,125 --> 01:04:06,645 before, I feel the wholesale al auto dealership is 1308 01:04:06,645 --> 01:04:08,005 what makes this fit within the five. 1309 01:04:08,125 --> 01:04:10,605 I feel it's more of just an administrative office function. 1310 01:04:11,555 --> 01:04:12,725 Very good. Mr. Tripp? 1311 01:04:13,765 --> 01:04:17,085 I I feel that the five criteria are met and I vote Yes. 1312 01:04:17,315 --> 01:04:20,525 Very good. Ms. Moore, I also feel the five criteria 1313 01:04:20,555 --> 01:04:22,445 have been met and I vote yes. 1314 01:04:22,625 --> 01:04:24,285 Mr. Dietzel. Okay. To elaborate? 1315 01:04:26,025 --> 01:04:27,845 No, just for a reason stated by Mr. 1316 01:04:27,895 --> 01:04:29,645 Court that I believe the five criteria 1317 01:04:29,705 --> 01:04:30,885 are met and I vote Yes. 1318 01:04:31,115 --> 01:04:34,885 Very good. I I concur with the prior four members 1319 01:04:35,065 --> 01:04:39,325 and I'll make that a unanimous by a vote 1320 01:04:39,345 --> 01:04:40,605 of five to zero. 1321 01:04:41,445 --> 01:04:43,285 Anybody agreed by this as 30 days? 1322 01:04:43,345 --> 01:04:44,845 Ask this board for reconsideration. 1323 01:04:44,845 --> 01:04:47,085 Other than that, recourse would be superior court. 1324 01:04:47,785 --> 01:04:49,965 You're all set sir. And you can have a good evening. 1325 01:04:49,965 --> 01:04:52,045 Good luck. Thank you. Thank you so much everyone. Thank you. 1326 01:04:52,045 --> 01:04:56,925 Take care. All right, we're gonna stick with this last case 1327 01:04:57,865 --> 01:05:00,245 on the agenda and then circle back. 1328 01:05:01,205 --> 01:05:02,925 26 dash 1 24. 1329 01:05:03,015 --> 01:05:07,925 David Chappelle, Chappelle, family revocable trust 1330 01:05:07,985 --> 01:05:09,205 of 2024. 1331 01:05:14,155 --> 01:05:16,645 Good evening, Mr. Chappelle. Good evening. 1332 01:05:17,545 --> 01:05:19,365 And I presume you're Mr. Cheval. 1333 01:05:19,875 --> 01:05:23,005 This is true. All right. You saw how we do things. 1334 01:05:23,105 --> 01:05:25,925 You just read your five criteria of your application 1335 01:05:25,985 --> 01:05:29,685 and then we will proceed to barrage you with 1336 01:05:29,845 --> 01:05:30,845 Questions. 1337 01:05:30,845 --> 01:05:32,765 Okay. Did you want me to cite the section of the, 1338 01:05:33,025 --> 01:05:34,245 the code we're talking about? 1339 01:05:34,545 --> 01:05:36,125 You're welcome to if you'd like. 1340 01:05:36,435 --> 01:05:38,725 Okay. Applicant is requesting variance to the terms 1341 01:05:38,745 --> 01:05:43,445 of Article six, section 1, 6 5 0.4 of the dairy zoning 1342 01:05:43,545 --> 01:05:47,125 or ordinance allowing construction of a shed 18 inches 1343 01:05:48,025 --> 01:05:50,005 or so from the side property where it's set. 1344 01:05:50,265 --> 01:05:52,005 Set back is supposed to be 15 feet. 1345 01:05:54,835 --> 01:05:57,205 This is a house on the lake on Beaver Lake. 1346 01:05:57,725 --> 01:06:00,365 Public interest, the property is clearly visible from the 1347 01:06:00,365 --> 01:06:02,645 street, but especially visible from the lake. 1348 01:06:03,385 --> 01:06:05,405 The appearance of the property is viewed from the lake, 1349 01:06:05,405 --> 01:06:08,565 will be enhanced by containment structure, eliminating tools 1350 01:06:08,565 --> 01:06:11,365 and lawn care products from accumulating in plain sight, 1351 01:06:12,705 --> 01:06:16,005 spirit and intent granting the variance allows 1352 01:06:16,005 --> 01:06:17,925 for aesthetically appropriate shed structure, 1353 01:06:18,075 --> 01:06:20,685 employing color and trim to match the residence. 1354 01:06:21,395 --> 01:06:22,965 Shed will contain a variety of tools 1355 01:06:22,985 --> 01:06:25,765 and equipment that would be less attractive, left out. 1356 01:06:27,275 --> 01:06:28,805 Substantial justice will be done. 1357 01:06:29,525 --> 01:06:32,205 Older lakefront front properties are very small. 1358 01:06:32,585 --> 01:06:35,205 If you look at the parcels, the adjacent parcel 1359 01:06:35,305 --> 01:06:39,645 to me on the right side was, is actually a dash 0 0, 1 1360 01:06:39,645 --> 01:06:44,565 of the same number 5 1 0 7 7 this was all one property. 1361 01:06:44,565 --> 01:06:45,845 Once upon a time it was divided. 1362 01:06:47,625 --> 01:06:51,285 So my lot is 42 feet at the water, 1363 01:06:51,335 --> 01:06:52,725 52 feet at the street. 1364 01:06:52,825 --> 01:06:55,445 So it's quite small, just 0.11 acres. 1365 01:06:56,805 --> 01:07:00,805 The house was built in 1935. Original shed. 1366 01:07:00,935 --> 01:07:02,525 There was a shed when I moved in, 1367 01:07:03,705 --> 01:07:06,725 was within the 50 foot water foot border. 1368 01:07:07,425 --> 01:07:09,325 It was removed due to deterioration. 1369 01:07:10,145 --> 01:07:13,765 I'm requesting the opportunity to place in the store to 1370 01:07:14,145 --> 01:07:15,605 to place in store tools 1371 01:07:15,785 --> 01:07:18,205 and equipment in the same manner as afforded by the shed 1372 01:07:18,205 --> 01:07:21,925 that was removed surrounding properties. 1373 01:07:23,525 --> 01:07:25,925 Left side property has a little view of the shed due 1374 01:07:25,925 --> 01:07:26,965 to stockade fence 1375 01:07:27,025 --> 01:07:29,885 and colors that will blend inside of the house. 1376 01:07:30,185 --> 01:07:33,485 And shrubbery property on the right has no view 1377 01:07:34,005 --> 01:07:35,285 'cause it's on the opposite side. 1378 01:07:36,485 --> 01:07:37,845 In fact, of all the abutters, 1379 01:07:37,865 --> 01:07:41,045 the abutter at number 33 directly across the street is the 1380 01:07:41,045 --> 01:07:42,485 only one that will have a view of this at all. 1381 01:07:43,795 --> 01:07:44,885 I've spoken to that owner. 1382 01:07:44,945 --> 01:07:47,685 He is verbally expressed a negative concern regarding this 1383 01:07:49,805 --> 01:07:54,645 hardship house is too close to the water too, too close 1384 01:07:54,645 --> 01:07:56,205 to water to the street and everything. 1385 01:07:57,745 --> 01:07:59,565 So there's really very little place to put it. 1386 01:08:01,985 --> 01:08:05,845 In order to get 15 feet away from either plot, either side 1387 01:08:06,665 --> 01:08:11,605 lot, I'd have to put it inside my house back. 1388 01:08:11,645 --> 01:08:14,805 A lot has four large trees that I do not want to remove. 1389 01:08:15,365 --> 01:08:20,045 I want to keep those. The only remaining space is at the end 1390 01:08:20,045 --> 01:08:21,645 of my driveway on the left side of the house. 1391 01:08:27,195 --> 01:08:29,005 That got it all I think. 1392 01:08:29,005 --> 01:08:31,245 So the rest of it doesn't have to all be read, I think. 1393 01:08:32,145 --> 01:08:34,525 I'm sorry. I add a couple of notes here, 1394 01:08:34,545 --> 01:08:35,925 but I don't know if it's really pertinent. 1395 01:08:37,515 --> 01:08:39,485 Well, you can elaborate if you'd like, but 1396 01:08:40,475 --> 01:08:42,125 Well, these are small lots. 1397 01:08:42,145 --> 01:08:46,405 Yep. And if you look, look at the boy butters, 1398 01:08:46,405 --> 01:08:48,845 almost everyone there has a shed or a garage 1399 01:08:48,905 --> 01:08:53,205 or structure that's on or next to a property line. 1400 01:08:53,465 --> 01:08:55,205 That's just all the room you have. 1401 01:08:56,105 --> 01:09:00,205 In fact, my previous shed, the one that I tore down was back 1402 01:09:00,205 --> 01:09:01,925 to back with my neighbor's shed. 1403 01:09:02,155 --> 01:09:04,325 Both of them were sitting on the property line. 1404 01:09:05,965 --> 01:09:08,485 I have no problem with his shed being where it is. 1405 01:09:09,885 --> 01:09:11,565 I understand that. I removed one 1406 01:09:11,565 --> 01:09:13,725 and now I'm asking for permission to add one. 1407 01:09:15,115 --> 01:09:17,055 Are you putting this back in the same spot? 1408 01:09:17,355 --> 01:09:19,815 No. Okay. No, it's gonna be outside 1409 01:09:19,815 --> 01:09:21,535 of the 50 foot setback from the water. 1410 01:09:22,185 --> 01:09:24,375 It'll be appropriate distance from the street. 1411 01:09:25,045 --> 01:09:27,535 It's just close to the stockade fence on one side. 1412 01:09:28,045 --> 01:09:30,135 It's outside of the 50 foot setback 1413 01:09:30,155 --> 01:09:31,255 of from the water you said? 1414 01:09:31,275 --> 01:09:32,275 Yes. Okay. 1415 01:09:33,035 --> 01:09:34,815 Can Mr. Preventer Put the 1416 01:09:35,835 --> 01:09:37,615 Volume property? 1417 01:09:38,035 --> 01:09:39,135 Yes. Oh, the property. Yeah. 1418 01:09:53,545 --> 01:09:55,555 Anybody have any questions for the applicant? 1419 01:09:56,135 --> 01:09:58,235 Mr. Chair? Mr. 1420 01:09:58,815 --> 01:10:01,795 Oba, anybody to the right of Mr. Omba? 1421 01:10:02,215 --> 01:10:04,875 No. Thank you Mr. Okay. Actually, I do have a question. 1422 01:10:04,875 --> 01:10:05,915 So, Mr. Ani, 1423 01:10:05,945 --> 01:10:07,635 your neighbor shed is still there 1424 01:10:07,655 --> 01:10:08,835 up against the fence, correct? 1425 01:10:08,895 --> 01:10:11,275 Oh yeah. Yeah. It's, it's in the, wasn't on the fence. 1426 01:10:11,655 --> 01:10:12,755 It goes right the back of 1427 01:10:12,755 --> 01:10:13,755 It. 1428 01:10:16,475 --> 01:10:18,115 I was looking at a different plan. Okay, perfect. 1429 01:10:18,125 --> 01:10:19,125 Thank you. 1430 01:10:21,735 --> 01:10:23,555 You're all set. Mr. Yes? 1431 01:10:23,555 --> 01:10:24,915 No, I was doing my only question. Alright. 1432 01:10:24,915 --> 01:10:26,115 Anybody to my left? 1433 01:10:28,095 --> 01:10:32,195 I'm good. Alright. I'm good. Okay. Mr. Donlin? 1434 01:10:32,665 --> 01:10:34,195 Good, Mr. Henry. 1435 01:10:34,895 --> 01:10:35,955 All Good. Okay. 1436 01:10:40,075 --> 01:10:41,325 Well, I have no other questions. 1437 01:10:41,485 --> 01:10:45,485 I think I, I understand what you're trying to get to. Ms. 1438 01:10:45,575 --> 01:10:48,125 Oland, you want to give us your version of this? 1439 01:10:48,625 --> 01:10:50,885 Yes. Thank you. Not a, not a whole lot to add here, 1440 01:10:50,945 --> 01:10:53,725 but as the applicant stated, seeking approval 1441 01:10:53,785 --> 01:10:57,085 to allow the construction of a shed approximately 18 inches 1442 01:10:57,755 --> 01:11:00,085 from the side property line at its closest point 1443 01:11:00,085 --> 01:11:01,365 and approximately 22, 1444 01:11:01,665 --> 01:11:04,645 or I'm sorry, 25 inches at its furthest point. 1445 01:11:05,125 --> 01:11:08,365 This property is located in the medium density residential 1446 01:11:08,725 --> 01:11:10,725 district, which requires a 15 foot side 1447 01:11:10,725 --> 01:11:12,085 yard property setback. 1448 01:11:12,565 --> 01:11:14,365 Therefore, the variance is being required. 1449 01:11:14,915 --> 01:11:18,205 This is a preexisting non-conforming lot with respect 1450 01:11:18,205 --> 01:11:19,845 to lot area and frontage. 1451 01:11:20,785 --> 01:11:22,845 The existing single family residence was 1452 01:11:22,845 --> 01:11:24,245 constructed in 1940. 1453 01:11:24,785 --> 01:11:27,525 The property is located along the shoreline of Beaver Lake 1454 01:11:27,525 --> 01:11:31,245 and is located in an area of preexisting small lots 1455 01:11:31,365 --> 01:11:32,725 and non-conforming structures. 1456 01:11:33,255 --> 01:11:35,485 Properties serviced by municipal sewer 1457 01:11:35,505 --> 01:11:37,485 and private well, if approved, 1458 01:11:37,645 --> 01:11:39,845 a state shoreland permit will be required prior 1459 01:11:39,845 --> 01:11:42,805 to obtaining a building permit if approved, 1460 01:11:42,805 --> 01:11:44,565 appropriate permits and inspections are 1461 01:11:44,805 --> 01:11:45,925 required. Thank you. 1462 01:11:46,585 --> 01:11:49,005 All right, thank you. Any questions for code enforcement? 1463 01:11:50,185 --> 01:11:53,565 All right. Anything last thing you'd like to add to us, sir? 1464 01:11:54,225 --> 01:11:55,685 No, thank You. All right. 1465 01:11:55,685 --> 01:11:58,085 Well I have, let's call the public then. 1466 01:11:58,365 --> 01:12:01,485 Anybody wishes to speak in favor of this application? 1467 01:12:01,675 --> 01:12:03,925 This is your time to come forward 1468 01:12:04,585 --> 01:12:06,925 and seeing the two gentlemen in the back falling asleep 1469 01:12:07,145 --> 01:12:08,725 so they're not coming forward. 1470 01:12:09,515 --> 01:12:11,725 Anybody in opposition to this shed 1471 01:12:12,425 --> 01:12:14,445 may come forward at this time as well. 1472 01:12:14,815 --> 01:12:17,565 Pitch forks are out and the pitch forks are out. 1473 01:12:17,565 --> 01:12:18,845 That's right. All right. 1474 01:12:18,945 --> 01:12:20,405 So seeing no one come forward, 1475 01:12:21,345 --> 01:12:23,245 if there's nothing else, I can take a motion. 1476 01:12:23,245 --> 01:12:25,565 Going to deliberate. I got motion. Thank you Mr. Corbitt. 1477 01:12:25,565 --> 01:12:27,205 Second. Mr. Trip seconds. 1478 01:12:27,905 --> 01:12:30,885 All in favor of deliberation, say aye. Aye. Aye. Aye. 1479 01:12:30,885 --> 01:12:34,925 Any opposed? Mrs. Oh, we're not there yet. Okay. 1480 01:12:35,565 --> 01:12:38,645 Anybody have anything constructed they'd like to add here? 1481 01:12:38,645 --> 01:12:41,005 Yeah. On the immortal words of Mr. Burgess, it's a shed. 1482 01:12:41,195 --> 01:12:43,525 It's a shed. It's right. Okay. 1483 01:12:43,885 --> 01:12:46,205 I I I've missed having a said case. 1484 01:12:46,865 --> 01:12:49,405 You know it's been what? A few months. 1485 01:12:49,985 --> 01:12:51,725 Sp at least six months, you know, 1486 01:12:51,725 --> 01:12:53,405 so thank you for bringing it up 1487 01:12:54,625 --> 01:12:55,125 Mrs. Mor. 1488 01:12:55,765 --> 01:12:57,045 I am all set. Thank you. 1489 01:12:57,315 --> 01:12:59,045 Okay, Mr. Dietzel, how you doing now? Well, 1490 01:12:59,085 --> 01:13:01,365 A, a wise man once said you never want 1491 01:13:01,365 --> 01:13:02,845 to deny a man who shed 1492 01:13:03,425 --> 01:13:06,405 And I, and I think I was that wise man. At least once 1493 01:13:06,405 --> 01:13:07,405 Or twice. 1494 01:13:07,405 --> 01:13:08,925 Okay. I was gonna say there's no, 1495 01:13:09,205 --> 01:13:10,245 I think the five criteria, Matt. 1496 01:13:10,675 --> 01:13:15,645 Okay. Conditions subject to obtaining state 1497 01:13:15,645 --> 01:13:17,125 and town permits and inspections. 1498 01:13:17,805 --> 01:13:19,325 I think that self-explanatory. 1499 01:13:19,385 --> 01:13:21,565 So if we're all set we can come outta deliberation. 1500 01:13:21,565 --> 01:13:24,005 Make that motion. Thank you Mr. Corbett. Second. Mr. 1501 01:13:24,005 --> 01:13:25,245 Trip seconds. All in favor 1502 01:13:25,245 --> 01:13:26,765 of coming out of the deliberation. 1503 01:13:26,825 --> 01:13:29,365 Say aye. Aye. Any opposed? Mrs. 1504 01:13:29,365 --> 01:13:32,045 Mor, you have an application, Mor. Motion to read. Thank 1505 01:13:32,045 --> 01:13:33,045 You. 1506 01:13:33,845 --> 01:13:37,605 I make a motion on case number two six dash 1507 01:13:37,985 --> 01:13:39,405 1 24 2. 1508 01:13:39,615 --> 01:13:43,925 Grant a variance to the terms of article six. 1509 01:13:44,195 --> 01:13:48,245 Section 1 65 0.4 of the town 1510 01:13:48,245 --> 01:13:51,685 of Derry zoning ordinance to allow the construction 1511 01:13:51,785 --> 01:13:55,925 of a shed 18 inches from the side property line 1512 01:13:56,545 --> 01:13:57,765 at its closest point. 1513 01:13:58,105 --> 01:14:00,485 One 15 is required. 1514 01:14:01,145 --> 01:14:04,525 Parcel ID 5 1 0 7 7 1515 01:14:05,375 --> 01:14:07,765 zoned MDR as presented 1516 01:14:07,765 --> 01:14:10,045 with the following conditions We have one. 1517 01:14:10,625 --> 01:14:12,645 One subject to obtaining a seat 1518 01:14:12,645 --> 01:14:14,605 and town permits and inspections. 1519 01:14:14,785 --> 01:14:16,005 And that concludes the reading 1520 01:14:16,005 --> 01:14:17,445 of the motion. I need a second. 1521 01:14:18,305 --> 01:14:22,245 Second. Motions on the floor. Mr. 1522 01:14:22,375 --> 01:14:23,605 Corby got finding a fact. 1523 01:14:24,385 --> 01:14:28,765 Yes. Finding a fact for case 26 dash 1 24 1524 01:14:29,895 --> 01:14:34,605 heard August 20th, 2026 on ZBA heard the application 1525 01:14:34,905 --> 01:14:38,525 of the Chappelle family revocable trust of 2024 1526 01:14:39,135 --> 01:14:42,125 Concerning the property located at 58 Beaver Lake 1527 01:14:42,805 --> 01:14:46,725 Avenue Parcel ID 5 1 0 7 1 notices 1528 01:14:46,885 --> 01:14:48,725 provided to the immediate abutters per statue. 1529 01:14:49,065 --> 01:14:50,605 The board received testimony from the 1530 01:14:50,605 --> 01:14:51,685 applicant and town staff. 1531 01:14:51,865 --> 01:14:53,845 And as there are no member abutters 1532 01:14:53,845 --> 01:14:55,765 or members of the public, I will make the motion 1533 01:14:56,245 --> 01:14:58,165 to move forward with an abbreviated finding 1534 01:14:58,185 --> 01:14:59,765 of fact. May I have a second? 1535 01:15:00,035 --> 01:15:03,205 I'll second It. Thank you. All in favor? Aye. Aye. Aye. 1536 01:15:03,205 --> 01:15:05,965 Thank you. So with that, the applicant is seeking approval 1537 01:15:05,985 --> 01:15:07,165 to allow the construction 1538 01:15:07,165 --> 01:15:10,205 of a shed approximately 18 inches from the side property 1539 01:15:10,205 --> 01:15:11,525 line at its closest point 1540 01:15:11,665 --> 01:15:13,805 and 25 inches from the side property line. 1541 01:15:13,805 --> 01:15:16,725 At its furthest point, the property is located in the medium 1542 01:15:16,725 --> 01:15:18,565 density residential zoning district, 1543 01:15:18,565 --> 01:15:21,965 which requires a minimum, minimum 15 foot side yard setback. 1544 01:15:22,745 --> 01:15:25,285 The property is a preexisting non-conforming lot 1545 01:15:25,325 --> 01:15:27,125 with respect to the lot area and frontage. 1546 01:15:27,545 --> 01:15:29,365 The existing single family residence was 1547 01:15:29,365 --> 01:15:30,725 constructed in 1940. 1548 01:15:31,925 --> 01:15:33,765 Property is located along the shoreline of Beaver Lake 1549 01:15:33,985 --> 01:15:37,125 and it's located in an area of preexisting small lots 1550 01:15:37,675 --> 01:15:39,325 that are all non-conforming structures. 1551 01:15:40,325 --> 01:15:42,525 Property service by a municipal sewer, and a private well. 1552 01:15:43,025 --> 01:15:45,845 And if approved, the state shoreland permit will be required 1553 01:15:45,845 --> 01:15:48,165 to be obtained prior to the issuance of the building permit. 1554 01:15:48,635 --> 01:15:51,125 Does anybody have any? This concludes the finding of fact. 1555 01:15:51,125 --> 01:15:53,245 Does anybody have any additions or addendums to make 1556 01:15:54,145 --> 01:15:56,205 Saying no gestures there all in favor 1557 01:15:56,225 --> 01:15:57,325 of moving this for a vote? 1558 01:15:57,385 --> 01:16:00,965 Say aye. Aye. Aye. Any opposed? Mr. Trip? 1559 01:16:02,205 --> 01:16:03,885 I find that all the five criteria are 1560 01:16:03,885 --> 01:16:04,925 met and then I vote yes. 1561 01:16:05,465 --> 01:16:08,205 Mr. Dietzel, I too believe 1562 01:16:08,205 --> 01:16:10,685 that all five criteria have been met and I vote yes. 1563 01:16:10,945 --> 01:16:12,165 Ms. Moore Chair. 1564 01:16:12,245 --> 01:16:15,805 I also believe all five criteria has been met And I vote yes 1565 01:16:15,905 --> 01:16:16,685 Mr. Corbett. 1566 01:16:16,915 --> 01:16:19,925 Yeah, I don't see anything here that would cause concern 1567 01:16:20,065 --> 01:16:21,365 or give me a reason 1568 01:16:21,365 --> 01:16:23,085 to believe it would go against the spirit of the ordinance. 1569 01:16:23,145 --> 01:16:24,365 So I also vote yes, 1570 01:16:24,585 --> 01:16:27,165 The chair sees no conflict due to the constraints 1571 01:16:27,185 --> 01:16:29,205 of the lot and the age of the lot. 1572 01:16:29,595 --> 01:16:32,845 Therefore I vote yes as well and fine. 1573 01:16:32,905 --> 01:16:37,445 All five criteria are met. So congratulations sir. 1574 01:16:37,445 --> 01:16:39,085 You've been approved by five to zero. 1575 01:16:39,235 --> 01:16:42,365 Anybody agreed by this has 30 days assess this board for 1576 01:16:43,085 --> 01:16:46,245 reconsideration after that recourse to superior court. 1577 01:16:46,245 --> 01:16:48,765 Essentially what we're saying to you is if you bill 1578 01:16:48,765 --> 01:16:50,605 before 30 days, someone could appeal. 1579 01:16:51,155 --> 01:16:52,245 Okay? Okay. Thank you. 1580 01:16:52,395 --> 01:16:53,805 Make sure you get along with your neighbors. 1581 01:16:53,805 --> 01:16:54,925 Have a good evening. Good luck. 1582 01:16:57,675 --> 01:16:59,605 Alright, we're gonna circle back 1583 01:17:02,465 --> 01:17:05,205 to case number 26 dash 1 21. 1584 01:17:10,625 --> 01:17:13,365 Mr. Sheriff, I'm was absent the last time this came in. 1585 01:17:13,365 --> 01:17:14,445 I'm not sitting on this. Do you mind if 1586 01:17:14,445 --> 01:17:15,525 I excuse myself for a moment? 1587 01:17:15,835 --> 01:17:18,125 That would be fine. Mr. Corbet and Mr. 1588 01:17:18,665 --> 01:17:21,525 Ani, you're back with us on this case, correct sir. 1589 01:17:22,035 --> 01:17:24,285 Gentlemen, how are you? Let me hold you right there. 1590 01:17:24,465 --> 01:17:27,645 Do please do not approach the board. Sit down on the dais. 1591 01:17:27,715 --> 01:17:31,005 Okay. I presume you were distributing some 1592 01:17:32,465 --> 01:17:34,085 survey plans, is that correct? 1593 01:17:34,595 --> 01:17:35,725 That that is correct sir. 1594 01:17:35,845 --> 01:17:38,765 I have some materials that I submitted to 1595 01:17:39,385 --> 01:17:42,885 Carrie Owen this afternoon that, 1596 01:17:43,545 --> 01:17:45,285 but I, I can't tell if that's the current one. 1597 01:17:45,545 --> 01:17:47,925 And also some pictures she said 1598 01:17:47,925 --> 01:17:49,445 that I should bring hard copies 1599 01:17:49,445 --> 01:17:51,365 because the packets had already gone out. 1600 01:17:51,595 --> 01:17:53,245 Okay. So do we'll hold you there. 1601 01:17:53,265 --> 01:17:54,885 Do we, we have updated photos. 1602 01:17:55,265 --> 01:17:56,805 Are these the photos or are these 1603 01:17:56,905 --> 01:17:58,485 to be submitted by the applicant? 1604 01:17:59,545 --> 01:18:02,285 The photo photos were circulated electronically this 1605 01:18:02,285 --> 01:18:04,445 afternoon to the board after we received the email. 1606 01:18:04,885 --> 01:18:06,605 I think he has hard copies of those as well, 1607 01:18:06,605 --> 01:18:08,885 which I think the board members may have a copying of. 1608 01:18:08,905 --> 01:18:11,645 Now I also provided updated photos as 1609 01:18:11,645 --> 01:18:13,525 of today's date in the folder as well. 1610 01:18:13,525 --> 01:18:14,685 Very good. Okay. Thank you. 1611 01:18:14,705 --> 01:18:17,245 So we'll, we'll proceed on if you think there's something 1612 01:18:17,245 --> 01:18:18,605 afterwards, we'll take a motion 1613 01:18:19,145 --> 01:18:21,045 to receive versus tabling this 1614 01:18:21,045 --> 01:18:22,125 to another night. How's that? 1615 01:18:22,405 --> 01:18:26,125 Absolutely. Okay. Okay. So we, I just, you know, 1616 01:18:26,385 --> 01:18:30,165 noting our minutes in in this matter, 1617 01:18:30,925 --> 01:18:32,885 I just want to kind of consolidate 1618 01:18:33,105 --> 01:18:36,125 and get right to the point before you proceed 1619 01:18:36,945 --> 01:18:41,805 and recaption what it was that we were, that we are seeing. 1620 01:18:41,865 --> 01:18:46,245 And that is that Mr. Osa resides at Six Pearl, correct? 1621 01:18:46,505 --> 01:18:49,285 No sir. You don't? But you are renting Franklin Street? 1622 01:18:49,625 --> 01:18:52,895 No, I own that too. But you are renting it? Yes. 1623 01:18:52,965 --> 01:18:54,655 That was your testimony? Yes. Testimony the last time? 1624 01:18:54,755 --> 01:18:57,655 Yes, yes, yes. So you no longer live at Pearl? Yes. 1625 01:18:57,835 --> 01:18:59,735 Or Franklin. Or Franklin. Okay. 1626 01:19:00,355 --> 01:19:04,015 And lemme just check something out here. 1627 01:19:04,155 --> 01:19:04,655 We had, 1628 01:19:09,295 --> 01:19:10,415 I wanted to recapture 1629 01:19:10,415 --> 01:19:13,535 and consolidate so that we know where we're going. 1630 01:19:13,535 --> 01:19:16,015 Things get a little rusty after the summer schedule. Right? 1631 01:19:16,955 --> 01:19:21,355 And we had a deter determination 1632 01:19:21,415 --> 01:19:23,475 of a contractor yard at six Pearl. 1633 01:19:23,475 --> 01:19:25,115 Correct? That was the 1634 01:19:25,675 --> 01:19:28,075 determination Mrs. Owen, is that correct? That's 1635 01:19:28,075 --> 01:19:29,075 Correct. 1636 01:19:29,075 --> 01:19:29,175 And 1637 01:19:29,755 --> 01:19:33,755 Let's see, four Mrs. Moore asked variance. 1638 01:19:36,635 --> 01:19:39,685 Alright. And separate, so we had separate access 1639 01:19:40,235 --> 01:19:41,565 from Pearl, right? 1640 01:19:41,585 --> 01:19:43,725 We had the main entrance off of Pearl 1641 01:19:44,185 --> 01:19:47,765 and you're using this side access from Franklin 1642 01:19:48,355 --> 01:19:50,005 onto the back of Pearl, correct? 1643 01:19:50,635 --> 01:19:52,605 This Is correct, yep. Mr. Trip you got us. 1644 01:19:53,065 --> 01:19:56,285 You with us there? Okay, good enough. 1645 01:19:57,505 --> 01:19:58,965 I'm still awake. Alright. 1646 01:19:59,905 --> 01:20:04,125 And there was no change of use from Franklin Street 1647 01:20:04,185 --> 01:20:08,325 as I recall it was found in staff Ms. Owen, 1648 01:20:08,435 --> 01:20:11,925 that it was a similar use that he's continuing from 1649 01:20:11,925 --> 01:20:13,525 what was originally established? 1650 01:20:13,665 --> 01:20:15,245 That's correct. Okay, very good. 1651 01:20:16,205 --> 01:20:18,765 I saw a reference in our minutes to building B. 1652 01:20:18,945 --> 01:20:20,045 Can you just ver clarify 1653 01:20:20,275 --> 01:20:21,845 what we might have referenced there? 1654 01:20:23,265 --> 01:20:24,925 I'm not sure what that was, but, 1655 01:20:26,545 --> 01:20:30,365 and if you're not sure then at that point I've re Yeah, 1656 01:20:30,875 --> 01:20:34,485 recited our, what I think is significant before you proceed. 1657 01:20:34,595 --> 01:20:36,005 Okay. Building B, 1658 01:20:36,065 --> 01:20:39,085 if you look at the plan is the building in the 1659 01:20:39,085 --> 01:20:40,285 front of 27 Franklin. 1660 01:20:40,905 --> 01:20:42,445 Got it. Okay. And that's where the actual 1661 01:20:42,575 --> 01:20:44,205 contractor use is happening. 1662 01:20:44,405 --> 01:20:46,645 Building a, being the existing residence. 1663 01:20:46,985 --> 01:20:48,325 Got it. Okay. And then 1664 01:20:48,325 --> 01:20:50,565 that the domicile is what's being rented 1665 01:20:50,565 --> 01:20:51,725 currently to someone else 1666 01:20:52,595 --> 01:20:53,085 Also. Correct. 1667 01:20:53,275 --> 01:20:56,685 Alright. So you've presented us new information. 1668 01:20:56,945 --> 01:20:59,445 We kind of gave you some loose assignment to try 1669 01:20:59,445 --> 01:21:02,325 and see if you might find something 1670 01:21:02,325 --> 01:21:04,445 that might be a little more appealing before, 1671 01:21:04,945 --> 01:21:06,005 before killing it. 1672 01:21:07,025 --> 01:21:09,765 So I'll let you elaborate and go on with your presentation. 1673 01:21:09,905 --> 01:21:14,605 Oh, of course. So we are propo revising the application. 1674 01:21:17,185 --> 01:21:21,565 We are no longer seeking a contractor yard in the back. Mr. 1675 01:21:21,995 --> 01:21:25,645 Kozo has cleared all his materials that are shown on 1676 01:21:25,645 --> 01:21:30,245 that plan, all those areas to say construction materials. 1677 01:21:31,025 --> 01:21:33,885 And they're all hatched with the kind 1678 01:21:33,885 --> 01:21:36,365 of crossways, those are all gone. 1679 01:21:36,825 --> 01:21:38,325 And I, I have pictures of that. 1680 01:21:40,435 --> 01:21:43,285 He's also removed the, the remains of that deck there 1681 01:21:43,425 --> 01:21:46,205 to the, to the right of your hand that 1682 01:21:48,585 --> 01:21:51,605 not that that's particularly pertinent to the task at hand. 1683 01:21:51,865 --> 01:21:55,525 Yep. So we're just seeking an expansion 1684 01:21:55,525 --> 01:21:57,485 of the contractor use into that area 1685 01:21:58,715 --> 01:22:02,565 with the proposed garage area, the pro proposed garage 1686 01:22:03,385 --> 01:22:06,045 for purposes of storing vehicles 1687 01:22:06,185 --> 01:22:10,245 and equipment relative to his contractor use. 1688 01:22:12,705 --> 01:22:14,285 And Carrie, can we 1689 01:22:14,905 --> 01:22:16,365 or whoever's operating the computer, 1690 01:22:16,425 --> 01:22:17,925 can we pop up those pictures? 1691 01:22:19,355 --> 01:22:23,995 I think it's Owen who's in control. Yep. 1692 01:22:24,255 --> 01:22:27,915 Ah, there we go. So this is a view of the, 1693 01:22:27,915 --> 01:22:31,235 of the property looking from Franklin Street towards the 1694 01:22:31,235 --> 01:22:32,755 area where the garage would go. 1695 01:22:32,975 --> 01:22:35,155 So that storage container 1696 01:22:35,155 --> 01:22:37,395 and that covered area, 1697 01:22:37,395 --> 01:22:40,075 that's like a salt shed are going to move. 1698 01:22:40,815 --> 01:22:42,555 And that would be where the garage would sit. 1699 01:22:42,975 --> 01:22:46,315 And you can see in the foreground near that orange 1700 01:22:46,995 --> 01:22:50,875 construction cone all the pallets of materials that used 1701 01:22:50,875 --> 01:22:54,795 to be out there to the right of said salt shed. 1702 01:22:57,175 --> 01:22:58,195 Can we go to the next picture? 1703 01:22:58,335 --> 01:23:00,195 Now the building that's I'm there on the right 1704 01:23:00,295 --> 01:23:01,315 is building B, correct? 1705 01:23:01,315 --> 01:23:02,355 That is correct. Okay. 1706 01:23:04,335 --> 01:23:05,805 Can we, yeah, going down. 1707 01:23:06,545 --> 01:23:09,645 So this is from the same position looking towards the, 1708 01:23:09,785 --> 01:23:11,045 the, the existing house. 1709 01:23:11,065 --> 01:23:13,365 And you can see it's got this nice yard, 1710 01:23:15,035 --> 01:23:16,365 it's a residential neighborhood. 1711 01:23:16,435 --> 01:23:18,125 This is what you would like 1712 01:23:18,125 --> 01:23:19,245 to see in a residential neighborhood. 1713 01:23:22,345 --> 01:23:24,365 So continuing on, 1714 01:23:28,785 --> 01:23:31,365 and this is a view of the area 1715 01:23:31,505 --> 01:23:34,525 of six pearl tho obviously those are the storage containers 1716 01:23:34,545 --> 01:23:37,645 and the salt shed just in more up close 1717 01:23:37,665 --> 01:23:40,885 and you can see that there's a lot less material here. 1718 01:23:40,985 --> 01:23:44,205 And then the next picture is looking more to the right. 1719 01:23:44,305 --> 01:23:46,085 So you can see the kind of the rest of that area. 1720 01:23:46,705 --> 01:23:48,765 And you can see here that all the stuff 1721 01:23:48,765 --> 01:23:51,445 that was along the neighbor's garage on the right 1722 01:23:51,515 --> 01:23:52,565 side is gone. 1723 01:23:53,075 --> 01:23:57,365 Okay. The backup to the prior slide. 1724 01:23:57,385 --> 01:24:00,165 So you have those storage containers there 1725 01:24:01,145 --> 01:24:03,245 and all the apparatus, 1726 01:24:05,255 --> 01:24:06,645 those are there currently. 1727 01:24:07,415 --> 01:24:09,005 Those are there currently. I mean these 1728 01:24:09,005 --> 01:24:10,045 pictures were taken yesterday. 1729 01:24:10,315 --> 01:24:12,125 Okay. And so are those going 1730 01:24:12,125 --> 01:24:14,525 to be removed when you build the shed? The garage, 1731 01:24:14,995 --> 01:24:18,285 They will be relocated probably onto 27, 1732 01:24:18,585 --> 01:24:23,365 but we, we will have to work with the, the TRC to figure out 1733 01:24:23,365 --> 01:24:24,965 where everything's gonna end up. 1734 01:24:25,305 --> 01:24:26,305 Got it. Okay. On this. 1735 01:24:27,875 --> 01:24:29,765 Alright, well please proceed 1736 01:24:30,185 --> 01:24:31,185 Of course. 1737 01:24:31,185 --> 01:24:32,205 So if we keep going down, 1738 01:24:34,705 --> 01:24:36,525 and then obviously we've looked at this picture 1739 01:24:36,665 --> 01:24:40,165 and then we've got the last photo which shows this is 1740 01:24:40,165 --> 01:24:42,285 looking towards the back of building B 1741 01:24:42,285 --> 01:24:43,645 and you can see all that material 1742 01:24:43,645 --> 01:24:47,165 that was removed from Six Pearl taking up most 1743 01:24:47,185 --> 01:24:51,325 of the parking spaces that are currently on 27 Franklin. 1744 01:24:51,755 --> 01:24:54,445 Okay. So the, the thrust of our 1745 01:24:55,795 --> 01:24:59,645 application is to, you know, create this garage 1746 01:24:59,745 --> 01:25:04,485 and store his materials in a covered area and 1747 01:25:04,485 --> 01:25:06,205 therefore there won't be, you know, 1748 01:25:06,205 --> 01:25:07,645 the parking will be still be available. 1749 01:25:09,345 --> 01:25:11,805 And the the alternative to that would be to put all 1750 01:25:11,805 --> 01:25:15,885 that material and probably those storage containers as well 1751 01:25:16,995 --> 01:25:20,765 into that nice lawn that we looked at in the second photo. 1752 01:25:22,395 --> 01:25:25,725 Okay. And that would have to get all kind of eaten up 1753 01:25:27,025 --> 01:25:31,325 and if, if the, if building a were 1754 01:25:31,895 --> 01:25:34,645 close to the street as building B were 1755 01:25:34,645 --> 01:25:37,205 and as the neighboring house were, you can see 1756 01:25:37,205 --> 01:25:38,885 that neighboring house to the left there, 1757 01:25:40,115 --> 01:25:41,805 this would be a much different application 1758 01:25:42,045 --> 01:25:43,965 'cause it would be easy to just put all 1759 01:25:43,965 --> 01:25:45,805 that material out back out of the way. 1760 01:25:46,105 --> 01:25:47,845 It wouldn't be disruptive to the neighborhood. 1761 01:25:49,785 --> 01:25:53,525 But as of right now, with the amount 1762 01:25:53,525 --> 01:25:55,245 of space that Mr. 1763 01:25:55,535 --> 01:25:58,525 Coone needs to just run his operation, 1764 01:26:00,025 --> 01:26:04,045 it would be the only alternative to occupying the back 1765 01:26:04,045 --> 01:26:05,085 of sixth Pearl would be 1766 01:26:05,085 --> 01:26:07,365 to throw it all in the front of 27th Franklin. 1767 01:26:07,415 --> 01:26:09,685 Where it just kind of presents a nuisance. 1768 01:26:11,625 --> 01:26:16,525 And that, that's basically our, our position is 1769 01:26:16,525 --> 01:26:20,285 that basically everyone wins if we get 1770 01:26:20,285 --> 01:26:21,365 to just go back there. 1771 01:26:22,075 --> 01:26:26,405 Okay. So the container, the red hash marks, the sand shed, 1772 01:26:26,405 --> 01:26:30,925 that's all moving and you are, your intention is 1773 01:26:30,925 --> 01:26:32,765 to put a proposed garage there? 1774 01:26:32,995 --> 01:26:35,245 Correct. Okay. 1775 01:26:37,625 --> 01:26:40,485 Mrs. Owen, you have any comments here at all? 1776 01:26:42,765 --> 01:26:44,045 I think you gentlemen before, I'm, 1777 01:26:44,125 --> 01:26:45,165 I don't mean to interrupt you. 1778 01:26:45,285 --> 01:26:47,485 I, I actually, I've kind of lost train of thought 1779 01:26:48,185 --> 01:26:52,045 and your intention is to take this plan back to TRC 1780 01:26:52,185 --> 01:26:53,885 for a review and to 1781 01:26:54,505 --> 01:26:56,205 put everything in perspective at that point. 1782 01:26:56,465 --> 01:26:57,885 Now Ms. Owen, I can go to 1783 01:26:58,205 --> 01:26:59,205 You. 1784 01:26:59,205 --> 01:27:02,645 Thank you. So the way that I'm kind of understanding 1785 01:27:03,545 --> 01:27:04,605 the what's being proposed 1786 01:27:04,605 --> 01:27:06,245 or what's being revised this evening 1787 01:27:07,145 --> 01:27:08,525 or presented this evening is 1788 01:27:10,655 --> 01:27:15,525 still constructing a contractor garage on six Pearl for use 1789 01:27:15,905 --> 01:27:20,285 of the adjacent separate property at 27 Franklin Street. 1790 01:27:20,465 --> 01:27:23,125 So it's still creating the use of 1791 01:27:23,395 --> 01:27:26,445 between the two separate properties, different ownerships. 1792 01:27:26,945 --> 01:27:30,125 So that's what you're asking to approve this evening. 1793 01:27:33,215 --> 01:27:38,075 And moving the, the contractor materials over to 27 1794 01:27:38,635 --> 01:27:42,595 Franklin, that's still contractor yard materials 1795 01:27:42,735 --> 01:27:43,835 that's not permitted. 1796 01:27:44,735 --> 01:27:47,555 And they look to be in the location of the 1797 01:27:48,395 --> 01:27:50,235 required parking spaces for the employees. 1798 01:27:50,235 --> 01:27:52,435 So something that would have to be sorted out as well. 1799 01:27:54,545 --> 01:27:58,195 Okay. So there's a lot of still moving pieces here. 1800 01:27:59,295 --> 01:28:03,675 You had indicated you're revising your application Exactly. 1801 01:28:03,895 --> 01:28:08,515 How is it that your verbiage or revisions are intended? 1802 01:28:09,545 --> 01:28:14,435 Just that the original request was for six Pearl to 1803 01:28:15,475 --> 01:28:17,795 maintain the contractor yard that had been, 1804 01:28:18,535 --> 01:28:22,675 it had been declared or determined by code enforcement 1805 01:28:22,775 --> 01:28:24,835 and it will not be a contractor yard 1806 01:28:26,015 --> 01:28:29,155 In that, in that there's no intention of materials. 1807 01:28:29,665 --> 01:28:32,755 Correct. And you're still looking for a garage 1808 01:28:33,535 --> 01:28:35,315 for the, for the back. 1809 01:28:35,505 --> 01:28:38,235 Correct. And so is it that you are, 1810 01:28:39,775 --> 01:28:43,595 and hang with me Ms. Owen, is it that you want 1811 01:28:43,595 --> 01:28:45,715 to revise this application? 1812 01:28:51,165 --> 01:28:52,625 So if all you want, 1813 01:28:52,685 --> 01:28:55,625 and I think we covered this, if all you want on the back 1814 01:28:55,645 --> 01:28:57,705 of six Pearl is a garage, 1815 01:28:59,095 --> 01:29:03,565 but we have no more materials stored there, does that 1816 01:29:04,275 --> 01:29:08,045 eliminate the contractor yard aspect at six Pearl 1817 01:29:09,105 --> 01:29:13,245 and only takes them back to a garage 1818 01:29:13,995 --> 01:29:16,005 that has to comply with setbacks? 1819 01:29:20,175 --> 01:29:21,225 Some of that yes. 1820 01:29:21,345 --> 01:29:25,845 I agree with the it, by constructing the garage 1821 01:29:25,865 --> 01:29:29,765 and removing the materials, it removes the contractor yard 1822 01:29:30,695 --> 01:29:32,565 definition at six Pearl Street. 1823 01:29:33,125 --> 01:29:36,245 However, it's still constructing a garage on the property 1824 01:29:36,245 --> 01:29:39,685 to be used by a separate property business 1825 01:29:39,685 --> 01:29:42,445 that's an operation under separate ownership. 1826 01:29:42,905 --> 01:29:45,485 So it's not to be utilized by six Pearl Street. 1827 01:29:45,485 --> 01:29:47,605 It's be utilized by the business next door. 1828 01:29:48,625 --> 01:29:51,725 So it's, it's beyond just setbacks, it's, 1829 01:29:51,875 --> 01:29:54,925 it's it's permitting use of an adjacent property. 1830 01:29:57,115 --> 01:29:59,485 Yeah. Permitting use from the adjacent property. I guess 1831 01:30:00,585 --> 01:30:02,245 It would not be unreasonable 1832 01:30:02,315 --> 01:30:06,005 that someone could have a garage in the back of their home 1833 01:30:06,465 --> 01:30:09,485 and rent space out to someone else to be able to store 1834 01:30:10,155 --> 01:30:13,685 something in a boat, a car vehicles. Correct? 1835 01:30:14,595 --> 01:30:15,805 Correct. It could actually, 1836 01:30:16,065 --> 01:30:19,405 on a multi-family perhaps be that you're paying 1837 01:30:20,165 --> 01:30:22,525 $1,800 a month for the studio apartment 1838 01:30:22,985 --> 01:30:27,565 and if you want to park your car undercover, you can rent a, 1839 01:30:27,765 --> 01:30:30,765 a garage bay at the back philosophically. Am I correct? 1840 01:30:30,915 --> 01:30:34,725 Correct. To my knowledge, this garage would be utilized 1841 01:30:34,865 --> 01:30:37,485 to store the commercial vehicles for the business. 1842 01:30:41,225 --> 01:30:44,605 Do we have a stipulation where the, 1843 01:30:46,575 --> 01:30:50,725 where there's only permitted one access from the 1844 01:30:51,625 --> 01:30:56,085 for parcel, typically you would go, 1845 01:30:56,335 --> 01:30:57,925 where I'm going with this is 1846 01:30:59,675 --> 01:31:01,175 one parcel would have a driveway, 1847 01:31:01,195 --> 01:31:03,175 if they wanted a separate driveway, they might have 1848 01:31:03,175 --> 01:31:04,495 to apply for a curb cut. 1849 01:31:04,495 --> 01:31:07,175 Correct? Correct. And so is there a stipulation 1850 01:31:07,425 --> 01:31:10,615 where in our ordinances where they, they 1851 01:31:11,835 --> 01:31:15,655 cannot have separate access to a, to a property 1852 01:31:16,515 --> 01:31:18,535 if they own like an easement 1853 01:31:18,595 --> 01:31:21,615 or an access to that same property, they could do that 1854 01:31:21,805 --> 01:31:23,415 With an easement, correct? Yep. Yeah. 1855 01:31:24,195 --> 01:31:27,295 And, and so I'm not, I'm not sure where we're going. 1856 01:31:27,355 --> 01:31:29,615 I'm just trying to separate this all out. Right. 1857 01:31:30,535 --> 01:31:33,215 I think one of the, one of the conflicts 1858 01:31:33,215 --> 01:31:36,255 that you gentlemen may have is the fact that this came 1859 01:31:36,395 --> 01:31:38,255 to the board very late and 1860 01:31:38,415 --> 01:31:42,175 likewise the opportunity for code enforcement 1861 01:31:42,175 --> 01:31:46,535 to digest this at a reasonable time becomes kind of an issue 1862 01:31:47,595 --> 01:31:49,895 as we're sitting here currently. 1863 01:31:49,895 --> 01:31:53,975 Correct. So now that we've kind 1864 01:31:53,975 --> 01:31:56,135 of rationalized all these pieces out, 1865 01:31:56,235 --> 01:31:59,605 and by the way, if anybody on the board wishes to chime in, 1866 01:31:59,605 --> 01:32:00,685 you're welcome to do so. 1867 01:32:02,185 --> 01:32:02,405 But 1868 01:32:07,375 --> 01:32:09,075 the application here 1869 01:32:11,865 --> 01:32:15,595 indicates that the property, I'm just kind 1870 01:32:15,595 --> 01:32:17,915 of clipping into the standard dairy zoning ordinance 1871 01:32:17,915 --> 01:32:22,155 to permit the use of the existing rear of the property 1872 01:32:22,255 --> 01:32:23,795 as a contractor yard 1873 01:32:24,655 --> 01:32:27,915 and allow the construction of a contractor garage 1874 01:32:28,135 --> 01:32:32,355 for the use of the abutting property at 27 Franklin Street. 1875 01:32:35,615 --> 01:32:37,915 So they're getting rid of the contractor yard 1876 01:32:38,175 --> 01:32:41,515 as it's been deemed by, is it TRC? 1877 01:32:42,185 --> 01:32:43,955 Correct. I think I've said this 1878 01:32:43,955 --> 01:32:45,995 before, I've never been to a TRC meeting, 1879 01:32:46,055 --> 01:32:47,955 but I'm sure they're very exciting 1880 01:32:48,775 --> 01:32:51,835 and never being there before. 1881 01:32:51,895 --> 01:32:54,395 I'm not sure how those are, how those go about. 1882 01:32:54,535 --> 01:32:58,275 But is it that we, 1883 01:32:59,955 --> 01:33:02,635 I mean essentially this application says a contractor 1884 01:33:02,815 --> 01:33:05,355 garage, but are we to say 1885 01:33:05,355 --> 01:33:09,475 that you would amend away the contractor part of the garage 1886 01:33:09,695 --> 01:33:11,995 and where does that fall for code enforcement? 1887 01:33:11,995 --> 01:33:12,995 Or is it something that needs 1888 01:33:13,275 --> 01:33:14,795 to be sorted out at a later point? 1889 01:33:16,785 --> 01:33:18,145 I, I'm not quite following. 1890 01:33:18,335 --> 01:33:21,705 Well, so they, they wanna amend the contractor yard aspect 1891 01:33:21,705 --> 01:33:23,105 of it and they're taking this off 1892 01:33:23,165 --> 01:33:25,785 and I think we agree without materials on Pearl Street, 1893 01:33:25,815 --> 01:33:27,625 it's no longer a con contractor yard. 1894 01:33:27,765 --> 01:33:29,865 Yes. But they have the contractor garage. 1895 01:33:30,085 --> 01:33:33,465 And I think what I heard you say was it's still a garage 1896 01:33:34,455 --> 01:33:36,025 that a contractor's using. 1897 01:33:39,025 --> 01:33:40,365 How do we sort this out? 1898 01:33:40,745 --> 01:33:43,965 And, and it's of course speaking about coming in from 1899 01:33:44,025 --> 01:33:46,005 27 Franklin Street. Correct? 1900 01:33:46,185 --> 01:33:48,245 Yep. I'll, I'll yield to you at this point. 1901 01:33:48,555 --> 01:33:52,685 I've, I've dissected and broken this down enough, 1902 01:33:52,785 --> 01:33:55,525 but I'll, I'll yield and you can give us your thoughts. 1903 01:33:59,115 --> 01:34:02,605 It's, it's kind of, it's a lot to digest in the moment. 1904 01:34:03,245 --> 01:34:05,965 Again, not having time ahead of to, to be able 1905 01:34:05,965 --> 01:34:07,125 to be prepared. 1906 01:34:10,325 --> 01:34:13,525 I, I think this is, brings up some questions from 1907 01:34:13,525 --> 01:34:16,485 what we have seen through TRC through change 1908 01:34:16,485 --> 01:34:19,125 of use applications and that this has taken a couple years 1909 01:34:19,145 --> 01:34:24,065 to get to this point and it's gonna have to go back 1910 01:34:24,065 --> 01:34:27,305 through TRC and I'm not quite clear on all the direction of 1911 01:34:27,305 --> 01:34:28,465 where that will be heading 1912 01:34:28,945 --> 01:34:30,785 'cause I don't think that the plan directly 1913 01:34:30,785 --> 01:34:31,945 answers all of that yet. 1914 01:34:34,675 --> 01:34:35,985 Would it be safe to say 1915 01:34:35,985 --> 01:34:39,145 that you might want a legal opinion as to 1916 01:34:40,695 --> 01:34:43,905 what the access from Franklin Street onto this actually 1917 01:34:43,915 --> 01:34:47,865 means be and break these terminologies down? 1918 01:34:48,165 --> 01:34:49,265 Is that safe to say? 1919 01:34:49,605 --> 01:34:52,305 If time allows it, I would love that opportunity. Okay. 1920 01:34:53,105 --> 01:34:54,785 I have something else for her to Ms. Moore, 1921 01:34:55,765 --> 01:34:59,245 my concern has been the safety aspect. 1922 01:34:59,505 --> 01:35:04,325 So it could you find out like Ms. Owens regarding 9 1 1 1923 01:35:04,545 --> 01:35:08,965 and how they would be able to distinguish the two? 1924 01:35:10,165 --> 01:35:12,405 'cause if they call for six Pearl Street 1925 01:35:12,545 --> 01:35:15,605 and it's in the back of six Pearl Street, I just, 1926 01:35:16,635 --> 01:35:17,645 that can get iffy. 1927 01:35:18,595 --> 01:35:19,595 Good question 1928 01:35:20,315 --> 01:35:21,315 Gentlemen. 1929 01:35:21,315 --> 01:35:23,605 I, I'll I'll, you've heard the commentary going back 1930 01:35:23,605 --> 01:35:27,205 and forth in in how this is being dissected and complicated. 1931 01:35:27,545 --> 01:35:31,485 It is. I think it's reasonable, as I said earlier that 1932 01:35:31,675 --> 01:35:35,245 that having this brought to us at, you know, 1933 01:35:35,245 --> 01:35:37,645 this afternoon complicates this. 1934 01:35:37,905 --> 01:35:41,485 Do you have some suggestions, some direction you want 1935 01:35:41,485 --> 01:35:44,565 to go here or thoughts? 1936 01:35:52,535 --> 01:35:53,775 I guess not really. 1937 01:35:54,055 --> 01:35:57,735 I mean I didn't think this was vastly different than 1938 01:35:58,095 --> 01:36:00,175 what was presented last month. 1939 01:36:03,135 --> 01:36:05,975 I would, I would even go so far as to say it's less 1940 01:36:05,975 --> 01:36:07,455 of an ask than it was last month. 1941 01:36:07,655 --> 01:36:10,135 'cause a contractor is an allowed use in the zone 1942 01:36:10,685 --> 01:36:12,815 whereas contractor yard is not. 1943 01:36:13,035 --> 01:36:13,255 Yep. 1944 01:36:17,805 --> 01:36:21,375 Like for example, there was no discussion of 1945 01:36:23,035 --> 01:36:25,335 the legality of accessing from one 1946 01:36:25,335 --> 01:36:26,455 lot to the other last month. 1947 01:36:26,585 --> 01:36:27,585 Right. 1948 01:36:29,575 --> 01:36:31,675 And I don't know what the answer to that is. 1949 01:36:31,775 --> 01:36:35,155 And you know, we've, so we've deci dissected this 1950 01:36:35,335 --> 01:36:37,595 and now we're gonna go to the board's 1951 01:36:38,105 --> 01:36:42,515 viewpoint on it overall because I'm not the only voter here. 1952 01:36:42,635 --> 01:36:45,795 I just want to kind of break this down as much as I can 1953 01:36:46,735 --> 01:36:50,315 and you know, I think we're gonna hear some reflections here 1954 01:36:50,315 --> 01:36:53,915 of what we think on this code enforcement is indicating 1955 01:36:53,915 --> 01:36:57,715 that perhaps they're uneasy about just these changes 1956 01:36:58,135 --> 01:37:00,915 and what they legally represent and mean 1957 01:37:01,775 --> 01:37:04,555 and they don't want to necessarily stick their toe into 1958 01:37:04,555 --> 01:37:07,315 that water without some guidance there. 1959 01:37:08,265 --> 01:37:10,355 Whereas you're already before us. 1960 01:37:11,635 --> 01:37:15,635 I think it's possible that, that 1961 01:37:16,215 --> 01:37:20,035 the board could decide to once again table you as opposed 1962 01:37:20,095 --> 01:37:24,955 to abandoning this and, and wait for legal opinion on it 1963 01:37:25,255 --> 01:37:26,755 and bring you back again. 1964 01:37:28,095 --> 01:37:33,065 Or they could decide to, to continue on 1965 01:37:33,125 --> 01:37:35,705 and, and take your chances on a yes or no. 1966 01:37:36,545 --> 01:37:38,545 I have another question too. 1967 01:37:39,175 --> 01:37:43,945 What are you using to divide the six Pearl Street address 1968 01:37:44,405 --> 01:37:47,505 and the back of the property where Rite Aid is? 1969 01:37:47,855 --> 01:37:50,425 Just because I know it's going to be used for kids 1970 01:37:50,805 --> 01:37:52,865 and kids like construction. 1971 01:37:54,585 --> 01:37:57,845 I know Franklin Street has a fence. You can see that 1972 01:37:59,305 --> 01:38:01,765 We are proposing an additional fence. 1973 01:38:01,995 --> 01:38:05,285 It's in blue coming off the back of the house 1974 01:38:05,665 --> 01:38:08,245 and go to the side of the house and going around. 1975 01:38:08,795 --> 01:38:13,085 Okay. And that isn't, that isn't the latest plan 1976 01:38:13,085 --> 01:38:16,285 that we had, but we're also proposing some additional 1977 01:38:16,315 --> 01:38:19,525 fencing at the top of the driveway at six Pearl. 1978 01:38:21,785 --> 01:38:25,565 So basically coming off the bottom side of the back 1979 01:38:25,565 --> 01:38:26,685 of the building at Six Pearl 1980 01:38:26,705 --> 01:38:29,965 and going down to near the Butter's garage. Alright. 1981 01:38:29,985 --> 01:38:34,285 Yep. Thank you Chair. I have a question. 1982 01:38:34,705 --> 01:38:38,885 Mr. Dti, More to a code enforcement is 1983 01:38:39,965 --> 01:38:43,885 Franklin an approved construction debris lot? 1984 01:38:46,305 --> 01:38:49,645 So Franklin has a, is approved to operate a contractor 1985 01:38:52,445 --> 01:38:53,805 business out of the garage at the front. 1986 01:38:54,065 --> 01:38:57,885 So there is opportunity for accessory storage. 1987 01:38:58,645 --> 01:39:02,325 However, what was so, so 1988 01:39:03,015 --> 01:39:04,765 there is opportunity for accessory storage 1989 01:39:04,765 --> 01:39:05,805 outside of that garage. 1990 01:39:06,865 --> 01:39:10,845 Within reason, I guess within limitations what was shown 1991 01:39:10,865 --> 01:39:13,845 for pictures today is in the employee parking spaces. 1992 01:39:14,105 --> 01:39:18,645 So that that you 1993 01:39:18,645 --> 01:39:20,205 know, can propose a challenge. So 1994 01:39:20,675 --> 01:39:23,405 That is not any permanent solution that is just 1995 01:39:23,425 --> 01:39:27,165 to get it off of six Pearl in the short term. 1996 01:39:27,715 --> 01:39:31,005 Okay. Is six, is six Pearl 1997 01:39:31,005 --> 01:39:34,885 where the violation stems from or was it Franklin Street 1998 01:39:34,885 --> 01:39:36,245 Itself? Franklin. Okay. 1999 01:39:36,245 --> 01:39:37,685 Alright. Mr. Ani. I'm 2000 01:39:37,685 --> 01:39:38,685 Sorry. 2001 01:39:38,685 --> 01:39:39,805 That's okay. I, I guess I was just trying 2002 01:39:39,805 --> 01:39:42,405 to get clarification if that lot is approved 2003 01:39:43,545 --> 01:39:46,885 to house all the materials we are, 2004 01:39:47,935 --> 01:39:50,925 we're crossing over back and forth between two properties. 2005 01:39:50,925 --> 01:39:52,525 The original property wasn't approved 2006 01:39:52,585 --> 01:39:55,405 to have those materials but had them for years 2007 01:39:55,425 --> 01:39:57,845 and the other lot now has them. 2008 01:39:58,145 --> 01:39:59,605 That's where I was just trying to figure out, 2009 01:40:01,485 --> 01:40:03,925 'cause it might be changing our whole variance. 2010 01:40:03,925 --> 01:40:05,725 So we might have a different variance for that lot. 2011 01:40:06,875 --> 01:40:10,605 Well I, I guess the variance, the conflict comes from 2012 01:40:12,505 --> 01:40:17,425 Franklin Street, but I think Ms. Owen needs to have, 2013 01:40:17,785 --> 01:40:21,545 I think what she's leaning towards is a legal interpretation 2014 01:40:22,365 --> 01:40:25,465 of the access of this onto Pearl. 2015 01:40:27,145 --> 01:40:30,065 I think what we were reflecting on the last meeting was a 2016 01:40:30,065 --> 01:40:33,585 lot line adjustment that I insulates the, the, 2017 01:40:33,805 --> 01:40:36,825 the two proper isolates the two parcels together 2018 01:40:37,725 --> 01:40:39,905 and gets you towards that direction. 2019 01:40:41,285 --> 01:40:44,145 So I think that if this is your proposal, 2020 01:40:44,435 --> 01:40:47,225 which you've done some work here to try 2021 01:40:47,225 --> 01:40:49,945 and get to that point, is to try 2022 01:40:49,945 --> 01:40:53,605 and get a legal definition on this that, 2023 01:40:57,015 --> 01:40:59,385 that the staff can work with as well. 2024 01:41:00,765 --> 01:41:02,185 Mr. Dietzel, you have any thoughts? 2025 01:41:03,965 --> 01:41:05,025 No, thank you Mr. Chair. 2026 01:41:06,225 --> 01:41:09,385 Anybody else can chime in? However, Mr. Warren or Mr. 2027 01:41:09,655 --> 01:41:10,655 Trip? 2028 01:41:13,235 --> 01:41:16,645 Well it seems to me like the, 2029 01:41:17,865 --> 01:41:20,765 the plan of what you're gonna do is still kind 2030 01:41:20,765 --> 01:41:25,685 of up in the air 'cause you've moved the 2031 01:41:27,005 --> 01:41:31,725 material from six Pearl to 27 Franklin. 2032 01:41:32,145 --> 01:41:35,085 But in the process of doing that you've 2033 01:41:36,295 --> 01:41:38,845 eliminated the, the employee parking spaces. 2034 01:41:41,815 --> 01:41:43,125 Again, that is not intended 2035 01:41:43,145 --> 01:41:45,365 to be a permanent solution situation. 2036 01:41:45,505 --> 01:41:48,725 That's just, I mean he, he's cleaned this, moved 2037 01:41:48,725 --> 01:41:51,125 that material off six pearl just in the last 2038 01:41:51,515 --> 01:41:53,005 Well I, I understand that 2039 01:41:53,345 --> 01:41:57,845 but you know, we have to have, 2040 01:41:58,915 --> 01:42:02,845 have to understand how you plan to use the, 2041 01:42:02,945 --> 01:42:05,085 use this property, you know, 2042 01:42:05,085 --> 01:42:07,245 before we can approve it, you know, 2043 01:42:07,585 --> 01:42:11,205 and right now it appears that 2044 01:42:12,385 --> 01:42:15,885 you're still trying to figure that out. 2045 01:42:18,065 --> 01:42:22,805 Now if the TRC folks, 2046 01:42:23,945 --> 01:42:28,405 do they have any input into how this thing will play out? 2047 01:42:29,665 --> 01:42:31,885 Oh they absolutely will. Oh yeah. 2048 01:42:32,575 --> 01:42:34,565 We're gonna Act So So you have to have a variance 2049 01:42:34,565 --> 01:42:36,125 before you can go back to TRC? 2050 01:42:36,345 --> 01:42:39,845 Yes. Because we need to know what we're proposing to TRC. 2051 01:42:40,025 --> 01:42:42,485 So if we, we can't go to TRC with this, 2052 01:42:42,485 --> 01:42:44,485 with this plan with the garage. 2053 01:42:45,435 --> 01:42:47,445 Yeah. And have them bless it 2054 01:42:47,505 --> 01:42:51,325 and then have this board say, oh no, that won't fly. 2055 01:42:51,805 --> 01:42:55,565 'cause then you know the plan's invalid. 2056 01:42:56,225 --> 01:43:00,245 So I think Ms. Owen, again we're going back to process 2057 01:43:00,985 --> 01:43:04,325 but we, I can the board agree that 2058 01:43:05,425 --> 01:43:07,085 an amendment to the 2059 01:43:07,915 --> 01:43:11,765 application is in order on the basis of the, 2060 01:43:12,545 --> 01:43:15,285 the contractor yard at Pearl Street. 2061 01:43:15,745 --> 01:43:17,485 Mr. Dani thoughts, 2062 01:43:21,445 --> 01:43:23,015 there's no longer any debris, 2063 01:43:23,375 --> 01:43:25,455 construction debris on Pearl Street. 2064 01:43:27,395 --> 01:43:29,845 Correct? Mr. Dietzel? 2065 01:43:29,945 --> 01:43:32,045 Yes, I agree with that. Okay. Mr. Trip? 2066 01:43:33,665 --> 01:43:34,885 Yes. Ms. Moore, 2067 01:43:35,345 --> 01:43:37,045 Can you restate it? I'm sorry 2068 01:43:38,045 --> 01:43:41,705 The, there's no longer any materials on the Pearl Street 2069 01:43:42,305 --> 01:43:46,185 property, therefore it cleans that discussion up as far 2070 01:43:46,185 --> 01:43:47,545 as being a contractor yard. 2071 01:43:47,615 --> 01:43:52,445 Correct. And so in that regard, it now circles back to, 2072 01:43:55,305 --> 01:43:59,165 to just what's on Franklin Street 2073 01:43:59,225 --> 01:44:01,845 and Thero in the long term plan of that. 2074 01:44:02,235 --> 01:44:05,125 Whereas the violations are initiated from 2075 01:44:05,705 --> 01:44:07,325 27 Franklin Street. 2076 01:44:08,825 --> 01:44:12,205 So what that said you, this variance 2077 01:44:12,205 --> 01:44:13,765 that wouldn't be voted on then 2078 01:44:14,045 --> 01:44:15,885 'cause it's no longer an issue for us 2079 01:44:16,705 --> 01:44:18,765 on the original application 2080 01:44:20,075 --> 01:44:22,295 Except that the contractor garage, 2081 01:44:22,755 --> 01:44:25,815 Ms. Owen Coen Enforcement needs a legal interpretation 2082 01:44:25,915 --> 01:44:28,255 for the accessibility of that. 2083 01:44:29,315 --> 01:44:32,535 And so with that said, 2084 01:44:32,535 --> 01:44:36,655 if she can get a legal interpretation to make sure that 2085 01:44:38,435 --> 01:44:43,215 the contractor garage issue can be 2086 01:44:43,815 --> 01:44:47,055 utilized and that we can amend this application 2087 01:44:48,715 --> 01:44:53,575 at that point, I guess Ms. Owen can have discussions 2088 01:44:53,575 --> 01:44:55,975 with TRC and the applicant 2089 01:44:56,115 --> 01:45:00,135 and applicant's representation about their long-term plan 2090 01:45:01,185 --> 01:45:02,725 and then this board can review 2091 01:45:02,725 --> 01:45:06,445 that. Mr. Corbit, I 2092 01:45:06,525 --> 01:45:07,525 Have a question. 2093 01:45:07,525 --> 01:45:08,085 Now granted I'm not on it. 2094 01:45:08,285 --> 01:45:09,685 I missed parts 2095 01:45:09,685 --> 01:45:11,525 of this one in the last meeting so I apologize 2096 01:45:12,505 --> 01:45:14,365 If this is completely outta whack, 2097 01:45:14,425 --> 01:45:17,845 but when I'm, am I wrong in looking at it? 2098 01:45:17,865 --> 01:45:21,125 So at 27, Franklin had the change of use to operate 2099 01:45:21,125 --> 01:45:25,325 as a contractor business seems like a bled over onto six if 2100 01:45:25,325 --> 01:45:28,005 everything's been moved to six to 27 Yep. 2101 01:45:28,265 --> 01:45:32,685 20 seven's in compliance currently six no longer has 2102 01:45:33,385 --> 01:45:35,365 the violations that kind of got them on the radar 2103 01:45:35,425 --> 01:45:36,645 that's being cleaned up. 2104 01:45:36,695 --> 01:45:39,525 Right. So wouldn't it now just be, 2105 01:45:40,225 --> 01:45:42,365 and maybe this is what you're saying, that the variance is 2106 01:45:42,365 --> 01:45:45,045 just potentially for the contractor garage on six 2107 01:45:46,075 --> 01:45:49,725 Well it is except that they're not sure 2108 01:45:50,065 --> 01:45:51,845 and they'd like legal interpretation 2109 01:45:52,165 --> 01:45:56,165 'cause there's an access from Franklin onto Pearl that 2110 01:45:56,825 --> 01:45:58,085 has a little bit of a concern 2111 01:45:58,385 --> 01:46:02,005 and then the contractor garage stipulation. So 2112 01:46:02,185 --> 01:46:03,185 And then, yep. 2113 01:46:03,265 --> 01:46:06,165 And I guess the second part of my confusion question 2114 01:46:07,265 --> 01:46:10,485 is the concern because if he owns both of these lots, is it 2115 01:46:10,485 --> 01:46:12,525 because it's two LLCs for each one? 2116 01:46:12,705 --> 01:46:14,405 Is that where we get the different ownership? 2117 01:46:14,605 --> 01:46:16,685 'cause I don't, I guess we're, yes. Okay. 2118 01:46:16,805 --> 01:46:19,645 'cause if he, if it was just 2119 01:46:20,285 --> 01:46:24,005 Franklin Street Dairy LLC for the two, I don't, 2120 01:46:24,545 --> 01:46:26,605 and maybe it's just a question like wouldn't he be allowed 2121 01:46:26,605 --> 01:46:27,965 to translate? 2122 01:46:28,185 --> 01:46:29,965 That's where you were going, that he could use the 2123 01:46:29,965 --> 01:46:31,085 properties for both things. 2124 01:46:31,465 --> 01:46:34,805 But if he owns both LLCs, I guess I don't, 2125 01:46:34,925 --> 01:46:38,805 I also then don't, it's almost like a sub a subsidiary. 2126 01:46:38,885 --> 01:46:40,325 I don't get how it's a different owner. 2127 01:46:41,045 --> 01:46:42,045 'cause they would all go up to the same 2128 01:46:42,205 --> 01:46:43,005 umbrella. It would still be 2129 01:46:43,005 --> 01:46:44,005 Under, they all go into a trust 2130 01:46:44,775 --> 01:46:45,775 Under One trust. 2131 01:46:45,775 --> 01:46:48,205 Yeah. They all go into, so all the LLCs go into a trust. 2132 01:46:48,465 --> 01:46:50,925 So with that, to me it would be one o one owner. 2133 01:46:51,755 --> 01:46:53,565 Well this is, this is where we're going. 2134 01:46:53,585 --> 01:46:55,565 The legal interpretation Is the legal interpretation. 2135 01:46:55,855 --> 01:46:56,725 Sorry if that was just Me. 2136 01:46:56,865 --> 01:46:57,645 No, that's, that's fine. Still 2137 01:46:57,645 --> 01:46:59,605 Playing olive of to that point. Okay. Yeah. 2138 01:46:59,945 --> 01:47:03,805 And I think there's also the part of the construction yard 2139 01:47:05,775 --> 01:47:10,465 on 27 and on and on Pearl. 2140 01:47:10,685 --> 01:47:13,625 So they move it over to the 27. 2141 01:47:13,805 --> 01:47:16,865 Is it still a valid use of that property? 2142 01:47:16,945 --> 01:47:19,345 I know construction company was approved 2143 01:47:19,405 --> 01:47:21,305 but was the construction material 2144 01:47:21,795 --> 01:47:22,795 Right. 2145 01:47:22,795 --> 01:47:25,225 The yard and the garage would have to be used for 2146 01:47:25,855 --> 01:47:28,465 residential, not a business using it. 2147 01:47:28,935 --> 01:47:30,545 It's my interpretation. Yeah. 2148 01:47:30,975 --> 01:47:33,185 It's not, you know, a car registered to me 2149 01:47:33,205 --> 01:47:34,745 but registered to my business. 2150 01:47:35,415 --> 01:47:37,025 Well right. But I guess why wouldn't 2151 01:47:37,025 --> 01:47:38,825 that variance then be for a commercial garage? 2152 01:47:40,655 --> 01:47:44,665 Well again, it commercial garage 2153 01:47:45,735 --> 01:47:48,865 becomes kind of a, is it a legal definition 2154 01:47:48,965 --> 01:47:52,025 or is it a, a loose def definition. 2155 01:47:52,025 --> 01:47:55,985 Right. So, so I think we've kind 2156 01:47:55,985 --> 01:47:57,385 of hashed this out about Mr. 2157 01:47:57,415 --> 01:47:58,465 Dietzel. You have anything else? 2158 01:48:00,605 --> 01:48:04,265 No, no. Thank you. Is it fair to you and Mr. 2159 01:48:04,695 --> 01:48:08,905 Dani that we table this so to yield for? 2160 01:48:09,295 --> 01:48:10,745 Well I, I think if any members 2161 01:48:10,805 --> 01:48:13,425 of the board have legal questions that they want answered 2162 01:48:13,525 --> 01:48:16,505 by counsel, I think it's appropriate to table 2163 01:48:16,845 --> 01:48:18,105 and get those questions answered. 2164 01:48:18,575 --> 01:48:19,865 Okay. Mr. Dani? 2165 01:48:20,985 --> 01:48:21,985 I agree with Mr. Diet. 2166 01:48:21,985 --> 01:48:26,145 So I think having these questions answered would be better 2167 01:48:26,205 --> 01:48:27,905 for the applicant than going in blind. 2168 01:48:28,735 --> 01:48:29,865 Okay. Ms. Moore? 2169 01:48:29,975 --> 01:48:32,825 Yeah, I'm not comfortable making a decision either 2170 01:48:32,915 --> 01:48:36,825 until we find out the 9 1 1 aspect of the 2171 01:48:38,145 --> 01:48:40,185 entrance on Franklin Street. 2172 01:48:40,445 --> 01:48:42,465 But for, for apparel 2173 01:48:42,725 --> 01:48:43,725 Mr. 2174 01:48:43,725 --> 01:48:44,015 Trip, 2175 01:48:46,075 --> 01:48:48,545 There are questions, there's unanswered questions 2176 01:48:48,545 --> 01:48:52,585 that I believe would require us 2177 01:48:52,965 --> 01:48:53,985 to table tonight. 2178 01:48:54,375 --> 01:48:58,865 Okay Gentlemen, you have a feel for this, right? 2179 01:48:59,005 --> 01:49:01,865 You see the discussion going back and forth. 2180 01:49:02,485 --> 01:49:05,585 It doesn't surrender your right to come back If you want 2181 01:49:05,585 --> 01:49:08,385 to date certain, we put you on for the next meeting. 2182 01:49:09,205 --> 01:49:11,785 And what do we have scheduled? 2183 01:49:11,985 --> 01:49:13,785 Do we have any cases coming up? We 2184 01:49:13,785 --> 01:49:14,785 Have five. 2185 01:49:14,785 --> 01:49:19,505 Five. Okay. Well gentlemen be here on time. Yes sir. 2186 01:49:19,655 --> 01:49:22,705 Okay. And you can come back 2187 01:49:23,045 --> 01:49:25,505 and to the, to that date certain 2188 01:49:26,205 --> 01:49:28,825 and if for whatever the reason you don't hash out this 2189 01:49:28,955 --> 01:49:32,985 stuff, you know, I would let code Enforcement know 2190 01:49:32,985 --> 01:49:35,305 that you need a continuance to the next meeting. 2191 01:49:36,165 --> 01:49:40,545 And, but I would encourage you to be forthright with all 2192 01:49:40,545 --> 01:49:41,945 of this and Mrs. Owen, 2193 01:49:42,505 --> 01:49:44,985 I think you know the direction the board's looking for. 2194 01:49:45,725 --> 01:49:48,245 And with that we would need a motion to table this 2195 01:49:48,265 --> 01:49:49,925 to the next meeting if I could please. 2196 01:49:52,115 --> 01:49:54,285 I'll make a motion to table it to the next meeting. 2197 01:49:55,245 --> 01:49:58,605 I Second Mr. Dani seconds that all in favor 2198 01:49:58,625 --> 01:49:59,725 of that say aye. 2199 01:49:59,905 --> 01:50:02,285 Aye. Aye. Any opposed? Very good gentlemen. 2200 01:50:02,285 --> 01:50:03,445 We'll see you next meeting. Okay. 2201 01:50:04,145 --> 01:50:08,525 May I ask really quickly, it sounds like the board and 2202 01:50:08,545 --> 01:50:12,365 or Ms. Owen will be reaching out to town council regarding 2203 01:50:13,605 --> 01:50:15,285 questions that were asked tonight. 2204 01:50:15,705 --> 01:50:20,565 Is there anything that I can provide that you need, 2205 01:50:20,665 --> 01:50:25,485 you know, anything that you need from us to be able 2206 01:50:25,505 --> 01:50:27,605 to move forward? 2207 01:50:28,325 --> 01:50:30,165 I think we've kind of spelled it out. 2208 01:50:30,195 --> 01:50:32,765 It's really about the legal interpretation, the two 2209 01:50:33,275 --> 01:50:34,885 LLCs on two different parcels. 2210 01:50:34,945 --> 01:50:39,005 The access from one to the other, continuance continuation. 2211 01:50:39,095 --> 01:50:40,365 Right. And, 2212 01:50:43,065 --> 01:50:44,525 and I think that gets answered. 2213 01:50:44,645 --> 01:50:47,485 I think it's easier for this board to get some clarity. 2214 01:50:48,165 --> 01:50:51,245 I certainly might suggest that you start 2215 01:50:51,385 --> 01:50:54,485 to have the long term plan of what's going 2216 01:50:54,485 --> 01:50:58,245 to happen on Franklin and make sure that that's clear. 2217 01:50:58,305 --> 01:51:00,125 I'm not telling you you have to go to TRC, 2218 01:51:01,105 --> 01:51:05,725 but through the explore exploration of what we're asking 2219 01:51:05,825 --> 01:51:07,125 for, Ms. 2220 01:51:07,195 --> 01:51:09,805 Zohn may relay to you different information 2221 01:51:09,865 --> 01:51:12,085 or she may reflect back to me of what, 2222 01:51:12,255 --> 01:51:13,845 where she thinks the path is going. 2223 01:51:14,685 --> 01:51:15,925 I think the long term plans going 2224 01:51:15,925 --> 01:51:18,645 to depend very much on whether this board will approve 2225 01:51:19,985 --> 01:51:21,005 the, the use. 2226 01:51:21,635 --> 01:51:23,325 Well I think you've heard the commentary 2227 01:51:23,435 --> 01:51:26,405 that we can concur about the contractor yard 2228 01:51:26,595 --> 01:51:28,005 aspects on Pearl Street. 2229 01:51:28,805 --> 01:51:30,885 I think the, the gray area is whether 2230 01:51:30,885 --> 01:51:32,365 or not you can stipulate this 2231 01:51:32,385 --> 01:51:35,085 as a contractor garage or just a garage. 2232 01:51:35,555 --> 01:51:37,805 What that means, the, the access to it. 2233 01:51:38,525 --> 01:51:42,165 I think that needs to be defined for this board 2234 01:51:44,075 --> 01:51:47,005 because this all stemmed from access going in 2235 01:51:47,005 --> 01:51:48,005 and out of Pearl Street 2236 01:51:48,065 --> 01:51:52,205 and then the, the, the realization of 2237 01:51:52,315 --> 01:51:53,685 what was on Pearl Street. 2238 01:51:54,145 --> 01:51:56,445 So there's a lot of gray areas, 2239 01:51:56,705 --> 01:51:59,045 but by all means don't wait till the last minute 2240 01:51:59,145 --> 01:52:00,845 to come back and talk to Mrs. 2241 01:52:00,845 --> 01:52:04,125 Oland. Reasonable. Okay. Alright. Very good. 2242 01:52:05,145 --> 01:52:08,045 Did we we did it all in favor on that motion to table? 2243 01:52:08,625 --> 01:52:11,325 We did do that. Okay. Thank you Mrs. Boudreau. 2244 01:52:12,315 --> 01:52:14,005 That being said, we're all set. 2245 01:52:14,105 --> 01:52:16,485 You guys can have a good evening. All righty. Thank you. 2246 01:52:16,485 --> 01:52:19,805 Thank you. Yep. Alright, next order 2247 01:52:19,805 --> 01:52:22,005 of business are the minutes for the 2248 01:52:22,715 --> 01:52:25,845 last board meeting in July, July 16th. 2249 01:52:26,365 --> 01:52:28,325 I make a, I request that we 2250 01:52:28,665 --> 01:52:30,805 and the board's been given some direction for 2251 01:52:31,435 --> 01:52:32,565 reviewing those minutes. 2252 01:52:33,085 --> 01:52:36,685 Could I have a motion to table that please? So moved. 2253 01:52:36,815 --> 01:52:39,445 Thank you Mr. Tripp. Second. Thank you Mr. Donlin. 2254 01:52:39,505 --> 01:52:42,445 All in favor of tabling those minutes to the next meeting. 2255 01:52:42,545 --> 01:52:44,205 Say aye. Aye. Any opposed? 2256 01:52:45,395 --> 01:52:48,045 That being said, you heard Ms. Owen say we have five cases 2257 01:52:48,045 --> 01:52:50,605 already lined up for the next board meeting. 2258 01:52:51,185 --> 01:52:53,645 Is there any other business the members wish 2259 01:52:53,665 --> 01:52:55,525 to bring forward before we adjourn? 2260 01:52:56,665 --> 01:52:59,085 Seeing no gestures there, I think Mr. 2261 01:52:59,455 --> 01:53:01,725 Tripp had indicated his desire to get home 2262 01:53:01,745 --> 01:53:04,805 and listened to his Tito Puente albums so 2263 01:53:05,425 --> 01:53:07,605 he could help us get there. We'd appreciate it. 2264 01:53:08,195 --> 01:53:09,645 I'll make a motion to adjourn. 2265 01:53:10,035 --> 01:53:13,885 Very good. I'll second this morning. Mr. Ani has a second. 2266 01:53:14,385 --> 01:53:17,605 All in favor of that recess, say aye. Aye. Any opposed? 2267 01:53:17,875 --> 01:53:19,605 Hearing none. We're adjourned. 2268 01:53:20,275 --> 01:53:22,445 Have a good evening everybody. All. And can we.