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Good evening, ladies and gentlemen.

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Welcome to the zoning Board of Adjustment.

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Please rise for the P of Allegiance

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PGI in the United States of America

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and to the Republic for for One Nation, under God,

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indivisible, Liberty, justice for All.

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Okay. All right. Good evening everybody.

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Welcome to the Zoning Board of Adjustment,

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and as your host for the evening, let's start off

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by introducing ourselves,

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Anthony Henry, Michael Donlan.

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Richard Tripp, crystal Morin secretary.

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I would be Lynn Perkins, the Chair

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Gas Bimba, Jim Dietzel.

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And all the way down to our fire right is Code Enforcement

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Officer Carrie Owen.

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And we have Tina Guilford filling in

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as our clerk for this evening.

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Please shut off all cell phones, iPads, anything

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that could create a distraction to the proceedings.

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And these hearings are scheduled to end at 10:00 PM

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and our audio video record, in the event of an emergency,

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please exit to the rear of the room

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and do not use the elevator.

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Okay, so first case up, we have

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case number 26 dash one 18,

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which has been continued from prior two meetings.

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Mr. Omba, for the record, will sit on this case

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filling in for Mr.

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Ani. Gentlemen, how are you tonight?

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I'm very well, sir. How are you?

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Okay. Do you have anything you want to start with

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or do you want you, I know that you've had some back

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and forth with code enforcement,

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Don't really have anything significant

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to say since the last meeting.

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I understand that the board was reaching out to

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Town Council and Safety Services about

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some, some questions.

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And I know my understanding is those,

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those questions have been answered

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and we're hoping to move forward.

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Okay. So essentially what we're looking for now,

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you've kind of amended your position, which was

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that you wanted to put a garage garage on sixth Pearl,

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access it from Franklin Street, correct?

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This Correct Franklin Street Parcel.

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You are going to be moving your materials

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or are moved off

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of Pearl Street onto Franklin Street isolating the

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contractor use idea. Is that correct?

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That's the idea, yes. Okay. All right.

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Anything other details I'm missing here?

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I don't believe so. Okay, Ms. Owen, where are we at

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as far as your liability

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and your concerns addressing access from Franklin Aunt

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Pearl and anything else that comes under your purview?

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Excellent, thank you, chair.

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So based on discussions, we did confer with legal counsel

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and we also conferred with the fire department on addressing

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and access and safety regulations.

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So what we are basically going

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through all our due diligence, there doesn't appear

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to be any immediate concerns from a town perspective.

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The owner may wish to choose to explore the need

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for easements if they decide to,

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but the town would not get involved in a civil matter

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that would be private and,

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and any such agreements would be on the owner's behalf

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and would so be, so if the properties were to sell

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site access and addressing would be reviewed

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and determined by the fire department

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during the TRC process, which would be part

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of the planning board application.

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All right. And so if the board were to approve this,

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it's subject to town permits

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and inspections, they would, the applicant would be required

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to review with TRC, am I correct?

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They would be required to complete the site plan process

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with the planning board, which includes

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the TRC process? Correct.

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Very, very good. Okay.

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Gentlemen, you have anything concerns there

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or anything this board should evaluate here?

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I don't believe So. Okay.

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Opening up to the, the questions from the board, Mr.

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O Bimba is sitting in for Mr. Dani. Mr.

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Omba, you feel adequate on, on information with this case?

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I do. Mr. Chair. All right, Mr.

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So let's open up for questions. Mr.

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Dietzel, do you have any concerns

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or questions you wish to address?

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I just have one, one question.

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Is it my understanding that if you were to put this garage

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on Frank, the Franklin Street property, where that lawn is,

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that it would conform,

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but you simply feel that it, for you don't want

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to wreck the lawn and for aesthetic purposes,

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would it confirm if you were to put it on that lawn?

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I believe that it would.

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Okay. Alright. I don't have any

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more questions. Thank you, Mr. Chair.

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Alright, very good. Mr. Trip.

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So the, so the, the only variance

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that you're asking for is to be able to

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construct a contractor garage on,

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I don't remember the name of the street, Pearl.

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Pearl, right.

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And that would be the only use you would be making of

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the Pearl Street address?

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Effectively, the, the reason we need a variance is

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because the, the district central business district allows

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for combined residential and like multifamily

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and commercial use,

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but it's supposed to be an over under situation,

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which does not exist.

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And there are, you know,

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right now there's a three unit building,

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residential building on the property.

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And as of according to town records, it is not

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a grandfather commercial use.

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That was, that use was started in error.

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And that's the situation we are looking to get a,

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a remedy for that.

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The town has asked us to come in for site plan determination

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and this got flagged.

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So we're trying to get it properly permitted

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and so it's not, we're supposed

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to have like an over under situation.

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You can't have that. So it's technically a, a use variance

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to allow contractor use on the same lot as residential use

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without that situation, the over under thing.

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Right. But that would not include the storage

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of construction material on the Pearl Street?

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This is correct. Alright. Right.

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That's, and and any, any materials stored

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there would have to be in the garage.

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Oh, I thought you were gonna store vehicles in the garage,

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but I guess you could store materials in the garage.

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That's, yeah, that's, it's your house,

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it's your property, you know.

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Thank you. As long as they're not strewn about on the

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ground, what, as long

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as they're not strewn about the property.

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Yes. If I, Ms excuse me.

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Sorry if I may clarify.

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So this property is located in the

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central business district.

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Mixed use is permitted with the residential

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re residential is not permitted below the second floor.

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So that kind of comes into play adding the commercial

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use onto the property.

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It's creating the mixed use condition.

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They don't have the residential,

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they have residential existing on the property.

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So this mixed use doesn't really align with the ordinance

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as far as the configuration residential above

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Commercial.

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That's the request for variance? Correct.

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Ms. Moore, My question has been asked and answered.

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Okay. And so we're, to be clear now, the

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original motion, Ms.

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Zan, just keep your rear to this, is

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that the, the

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a the request in the application is to permit the use

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of the existing rear of the property

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as a contractor yard

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and allow the construction

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of a contractor garage

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for use from the abutting property at 27 Franklin Street.

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We are eliminating, I believe now is this,

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this is referenced and directed towards the Pearl Street,

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the contractor yard version, correct?

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Correct. This was the

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original motion that had been written

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And I believe that we are eliminating in this

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a contractor yard use.

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Correct. Which you

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are shifting onto the Franklin Street parcel, correct?

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Yes. But you are still looking for

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what you call the contractor garage,

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but I don't care if it's called a contractor garage

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or just a garage myself.

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Are we having a conflict there Mrs. Owen?

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Are we to stipulate

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that the garage is specifically a contractor garage

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or is it just being called a garage?

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It's called a garage,

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but it's being used for the commercial bi

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business operation from the adjacent lot.

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So,

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And when we, when we speak of it being used as

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for, for the contractor from the abutting lot,

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are we just stipulating that it is a, a garage

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for somebody's lettered truck?

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Is that what we're looking at?

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Or are we defining contractor garage differently?

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Can you clarify your question please?

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So I think that what we discussed in one

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of the past meetings on this case was that

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somebody could build a garage and rent out the spaces.

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Correct. And now the owner under the trust,

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the LLC owns different two both properties

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under different LLC names,

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but it still doesn't restrict the owner from Pearl Street

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to rent a garage space to whoever with having a truck.

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Right. A lettered vehicle.

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And I think that's calling it a contractor garage so

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to speak, where there's no specified materials there

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that, you know, again, this is gonna have to go through

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TRC and planning, correct?

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Correct. If, and I I did hear some verbiage to Mr.

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Trip's question that may indicate some latitude that

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that may be looked for.

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To that point, somebody could have two

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by fours in their pickup and park in the garage and,

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and no one knows about it.

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Correct. So what's the stipulation of the materials

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that are there and if they're in a truck

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and they're in that garage, does it, does it matter?

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Right. It becomes the, the gray area.

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So I'm, what I'm trying to do is give you what I'm looking

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for for the contractor garage stipulation and,

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and to me, as I think I've already indicated in a past

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meeting that this could be just a garage

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and that's what we're giving the usage for,

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but we're not giving usage

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as a contractor yard at Pearl Street.

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That is all our understandings. Correct.

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And that works for code enforcement as well.

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I think, not to interrupt, we can put a third stipulation

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that no outside material on Pearl Street.

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Say again please? No outside material on Pearl Street

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and that I, the outside material was what I thought one

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of the bigger issues

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And it was, and gentlemen, you have moved all

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that material offsite onto Franklin Street officially.

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Correct?

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Is that correct? Mr.

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Diet's question was relative to I guess

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where you would park, you had brought up concerns about

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grass area being diminished.

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Right. But it could be landscaped

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or designed I guess in your, to what works

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for you on Franklin Street, Mr.

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Diesel, is that marry with you?

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Yeah. Okay.

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And so, and what I'm really trying to articulate here is

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how this motion is to be constructed as it's weaned.

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Its way away from what the original request was.

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And I just wanna make sure that all parties are,

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are clear on this

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and you, if you decide at some later point that you're going

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to start putting materials outside on Pearl Street

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and doesn't remove your contractor garage,

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but you end up back here before us again, correct?

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Yes sir. We are on the right. Same page Misson,

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We are on the same page.

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But I would like to clarify

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that 27 Franklin Street is not permitted

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to have a contractor yard either.

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They could be permitted to have small amounts

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of accessory storage space in the yard,

264
00:13:20,825 --> 00:13:23,845
but how it exists today would be

265
00:13:24,005 --> 00:13:25,365
considered a contractor yard. So

266
00:13:25,755 --> 00:13:26,755
Correct.

267
00:13:26,755 --> 00:13:29,365
Okay. And so if there's any conflicts on Franklin Street

268
00:13:30,195 --> 00:13:33,805
that again could bring up a red flag

269
00:13:34,065 --> 00:13:36,365
and you could have concerns there as well.

270
00:13:36,915 --> 00:13:40,445
This board for this matter right now is only looking at the

271
00:13:40,445 --> 00:13:45,125
fact that you wanted a garage, how you deal

272
00:13:45,125 --> 00:13:47,525
with your storage, what you park there.

273
00:13:47,785 --> 00:13:51,725
We are not giving you any permission to do that, that's

274
00:13:51,755 --> 00:13:54,325
outside of our purview. Is that fair enough?

275
00:13:55,105 --> 00:13:56,885
That's fair enough. I I believe,

276
00:13:57,425 --> 00:13:58,565
and correct me if I'm wrong,

277
00:13:58,565 --> 00:14:01,765
but I think the, the variances for the use of the property

278
00:14:02,945 --> 00:14:05,125
as part of the contractor business

279
00:14:05,185 --> 00:14:08,125
and not explicitly for the garage, which would be,

280
00:14:09,545 --> 00:14:11,725
as you said, he would be allowed to just build a garage.

281
00:14:13,045 --> 00:14:14,885
I Think that's, it's, it's the use of the property

282
00:14:14,905 --> 00:14:16,125
that's at stake.

283
00:14:16,915 --> 00:14:18,765
That is correct. And that use is

284
00:14:18,825 --> 00:14:21,125
as a contractor yard on Pearl Street

285
00:14:21,505 --> 00:14:25,205
and you know, again, this, this approval for, for

286
00:14:25,725 --> 00:14:29,525
I guess a garage does not,

287
00:14:30,355 --> 00:14:34,405
does not, does not give you a green light

288
00:14:34,425 --> 00:14:35,685
for anything else beyond that.

289
00:14:36,305 --> 00:14:40,205
And, and for that matter, this, this board I guess is going

290
00:14:40,205 --> 00:14:41,205
to clear this case

291
00:14:43,345 --> 00:14:46,325
and you had an opportunity perhaps

292
00:14:46,425 --> 00:14:50,165
to consider a lot line adjustment that would make part

293
00:14:50,165 --> 00:14:52,685
of Pearl Street, part of Franklin Street.

294
00:14:53,115 --> 00:14:57,005
Correct. And you chose not to go that way as well. Correct.

295
00:14:57,065 --> 00:14:58,725
But for all intents and purposes,

296
00:15:00,745 --> 00:15:04,285
you would've stipulated that the construction of the garage

297
00:15:04,865 --> 00:15:07,205
may have just fallen within the setbacks,

298
00:15:07,905 --> 00:15:11,125
the setback stipulations, which means you still have

299
00:15:11,125 --> 00:15:14,925
to have the garage rear setback as 15 feet.

300
00:15:14,925 --> 00:15:16,565
Correct. So you still have to have

301
00:15:16,565 --> 00:15:19,205
that garage 15 feet back from the rear

302
00:15:19,425 --> 00:15:20,925
and from the side setback.

303
00:15:21,215 --> 00:15:24,245
Right, right. I think it's five downtown. It's

304
00:15:24,245 --> 00:15:25,445
Isn't it's, yeah, it had changed.

305
00:15:25,475 --> 00:15:27,885
It's 10 feet from the rear yard. 10 feet, sorry, 10 feet

306
00:15:28,085 --> 00:15:29,085
Shooting from the hip on that.

307
00:15:29,485 --> 00:15:30,685
I know, I, That's alright.

308
00:15:31,625 --> 00:15:32,845
I'm not making that part of this

309
00:15:32,845 --> 00:15:34,285
motion so it doesn't matter.

310
00:15:34,515 --> 00:15:37,045
Okay. To this point,

311
00:15:37,545 --> 00:15:40,165
the board has heard the narrative on this.

312
00:15:41,725 --> 00:15:43,165
I guess in some ways we have

313
00:15:43,165 --> 00:15:45,365
to amend this motion a little bit.

314
00:15:47,235 --> 00:15:50,245
Does anybody have any questions or concerns? Mr. Tripp?

315
00:15:56,445 --> 00:16:00,725
I, I believe the Carrie said that

316
00:16:02,365 --> 00:16:05,125
a contractor yard is not permitted that Franklin either.

317
00:16:06,275 --> 00:16:08,725
Correct. Now does that mean that they're not allowed to

318
00:16:09,335 --> 00:16:12,805
store material at Franklin Street

319
00:16:13,555 --> 00:16:14,555
Outside?

320
00:16:14,555 --> 00:16:17,525
They would pre permitted to have limited exterior storage,

321
00:16:18,745 --> 00:16:21,925
but not, not what we, we would consider a contractor yard

322
00:16:21,955 --> 00:16:24,325
with ma stockpiles of material.

323
00:16:26,145 --> 00:16:27,145
So,

324
00:16:27,985 --> 00:16:30,485
So they're not allowed to, to store

325
00:16:34,005 --> 00:16:36,205
building material on Franklin

326
00:16:36,465 --> 00:16:39,125
or Pearl Street? That's

327
00:16:39,125 --> 00:16:40,125
Correct.

328
00:16:40,125 --> 00:16:44,895
So I don't know if they're

329
00:16:44,895 --> 00:16:48,575
happy with that, but like I said, the

330
00:16:51,075 --> 00:16:54,455
the only thing that we're approving at this point is the

331
00:16:55,095 --> 00:16:57,855
construction of a garage on Pearl Street. That's

332
00:16:57,855 --> 00:16:58,855
Correct.

333
00:16:58,855 --> 00:17:02,735
All right. I I'm a little slow, so you have to talk slow

334
00:17:02,735 --> 00:17:03,855
and use short words.

335
00:17:03,955 --> 00:17:05,295
That's alright. There's a lot

336
00:17:05,295 --> 00:17:06,855
of moving pieces with this one.

337
00:17:07,275 --> 00:17:08,775
I'm, I'm slow too, Mr. Chair.

338
00:17:08,855 --> 00:17:10,335
I just want double clarification.

339
00:17:11,705 --> 00:17:15,055
We're they're asking now, just to boil it right down,

340
00:17:16,125 --> 00:17:20,895
they're asking for a garage or a contract garage?

341
00:17:22,365 --> 00:17:27,095
Well, what I was, what I was speaking to was the fact that

342
00:17:27,195 --> 00:17:28,575
for right now it's a garage.

343
00:17:28,925 --> 00:17:30,415
Okay. So I don't know

344
00:17:30,415 --> 00:17:32,175
what the definition of a contractor

345
00:17:32,475 --> 00:17:33,475
Garage is.

346
00:17:33,475 --> 00:17:34,535
Maybe that was rhetorical question.

347
00:17:34,595 --> 00:17:36,975
So the question is, if it, if it's a garage,

348
00:17:38,445 --> 00:17:41,815
what relief are they seeing looking for the setback?

349
00:17:42,525 --> 00:17:46,255
What, what variance would we be granting Setbacks or

350
00:17:46,255 --> 00:17:48,855
We're just, we're just straightening the, the motion out

351
00:17:49,145 --> 00:17:50,765
and moving the case along

352
00:17:51,545 --> 00:17:54,925
and the, this is for a garage

353
00:17:55,745 --> 00:17:56,845
at six Pearl Street.

354
00:17:56,985 --> 00:17:58,005
For all intents

355
00:17:58,005 --> 00:18:02,405
and purposes, it is almost, doesn't even need our approval.

356
00:18:02,795 --> 00:18:04,925
Okay. As long as it fits in the setbacks,

357
00:18:05,905 --> 00:18:10,245
but it does allow the garage use from the abutting property

358
00:18:10,245 --> 00:18:12,005
at 27 Franklin Street.

359
00:18:12,625 --> 00:18:16,565
And with that stipulation on the motion that gives them

360
00:18:16,565 --> 00:18:17,725
that Ms. Owen,

361
00:18:18,225 --> 00:18:20,805
I'd like to just clarify again, going back to,

362
00:18:20,945 --> 00:18:23,845
I'm gonna reference one section 1 65 dash 33

363
00:18:24,685 --> 00:18:25,965
B five.

364
00:18:26,265 --> 00:18:28,805
So multi-unit residential

365
00:18:30,095 --> 00:18:32,845
mixed use is permitted with

366
00:18:34,075 --> 00:18:37,325
residential is not, is prohibited below the second floor.

367
00:18:37,465 --> 00:18:39,045
So I think that that is

368
00:18:39,575 --> 00:18:41,885
where the variance is needed is they're

369
00:18:42,525 --> 00:18:44,365
creating a mixed use condition,

370
00:18:46,105 --> 00:18:49,085
but it doesn't align with the ordinance as far

371
00:18:49,085 --> 00:18:50,805
as the configuration on the lot.

372
00:18:51,185 --> 00:18:52,565
Can you circle back on

373
00:18:52,565 --> 00:18:54,525
that later paragraph about the

374
00:18:54,525 --> 00:18:56,165
residential thing that you just said?

375
00:18:56,305 --> 00:18:58,525
I'm sorry. Yes. Now maybe I'm a little slow.

376
00:18:59,715 --> 00:19:04,285
Section 1 65 dash 33 B five

377
00:19:04,905 --> 00:19:06,765
and I'm gonna go to subsection B,

378
00:19:08,105 --> 00:19:10,485
triple I all residential.

379
00:19:10,545 --> 00:19:14,325
So this is multi-unit residential uses are permitted as mi

380
00:19:14,325 --> 00:19:16,165
as a mixed use in conjunction

381
00:19:16,275 --> 00:19:18,645
with permitted non-residential uses.

382
00:19:18,995 --> 00:19:20,725
Subject to the following limitations,

383
00:19:21,265 --> 00:19:24,725
all residential units permitted under the subsection shall

384
00:19:24,785 --> 00:19:27,045
be prohibited below the second floor.

385
00:19:28,425 --> 00:19:32,005
So the residential is in the primary

386
00:19:32,765 --> 00:19:33,925
existing structure on the property.

387
00:19:33,925 --> 00:19:35,285
There'll be a detached garage

388
00:19:35,285 --> 00:19:36,965
with containing the commercial use

389
00:19:39,665 --> 00:19:41,725
and I think that that's the relief that's needed.

390
00:19:56,605 --> 00:19:57,885
What was your subsection on that?

391
00:19:58,865 --> 00:20:03,045
I'm 65 dash 33 B subsection five,

392
00:20:04,075 --> 00:20:06,685
lowercase Bs, triple I

393
00:20:12,865 --> 00:20:13,865
33.

394
00:20:14,145 --> 00:20:16,565
Did you say B as in boy or D as in David?

395
00:20:16,885 --> 00:20:21,685
B as in boy. Yep. Five lowercase, B as in boy. Got it.

396
00:20:21,785 --> 00:20:22,785
Triple I.

397
00:20:52,185 --> 00:20:54,245
What's your recommendation on this at

398
00:20:54,245 --> 00:20:55,285
this point? Ms. Oland,

399
00:20:55,905 --> 00:20:59,765
That's what I believe that the variance would be required

400
00:20:59,785 --> 00:21:00,845
for in this condition.

401
00:21:01,225 --> 00:21:03,725
It was contractor uses permitted in CBD

402
00:21:06,745 --> 00:21:08,805
and a contractor yard is not,

403
00:21:08,805 --> 00:21:10,205
they've removed the contractor yard,

404
00:21:12,165 --> 00:21:13,745
we can call it a garage,

405
00:21:15,325 --> 00:21:19,305
but now you're creating the mixed use on the property

406
00:21:19,975 --> 00:21:21,465
with commercial and residential.

407
00:21:22,005 --> 00:21:23,665
And so I think that that is the relief,

408
00:21:23,685 --> 00:21:24,945
the variance that's needed.

409
00:21:25,365 --> 00:21:29,745
So are you circling back on the, essentially,

410
00:21:30,205 --> 00:21:32,425
you know what I was getting at earlier was a

411
00:21:32,425 --> 00:21:33,465
garage is a garage.

412
00:21:33,725 --> 00:21:36,665
Are you considering that the mixed use?

413
00:21:36,895 --> 00:21:40,545
Correct. It's going to be used, I mean they can use it

414
00:21:40,925 --> 00:21:42,945
for other things, but if it's going to be used

415
00:21:42,945 --> 00:21:46,865
for the business operations storing commercial vehicles more

416
00:21:46,865 --> 00:21:49,625
than just one lettered vehicle, you know,

417
00:21:49,805 --> 00:21:50,865
as your transportation to

418
00:21:50,865 --> 00:21:54,145
and from your job, that would be com

419
00:21:54,425 --> 00:21:55,585
considered a commercial operation.

420
00:21:57,325 --> 00:21:59,185
So at this point it would be for,

421
00:21:59,405 --> 00:22:02,145
we would call it not a contractor garage,

422
00:22:02,405 --> 00:22:04,865
but a commercial commercial garage. Commercial,

423
00:22:04,865 --> 00:22:05,985
Yeah, absolutely.

424
00:22:06,165 --> 00:22:07,945
Mr. Deet. So how does that sound to you?

425
00:22:09,005 --> 00:22:11,545
Sounds fine, Mr. Chair. Mr. Trip.

426
00:22:12,265 --> 00:22:15,715
I like that. Okay, so that's a,

427
00:22:15,715 --> 00:22:17,075
that's a commercial garage

428
00:22:20,995 --> 00:22:24,055
for, for use from the abutting property at

429
00:22:24,055 --> 00:22:25,615
27 Franklin Street?

430
00:22:25,835 --> 00:22:27,735
Yes. You're comfortable with that? Yes.

431
00:22:27,735 --> 00:22:32,605
Thank You gentlemen. You okay with that? Yes sir.

432
00:22:32,605 --> 00:22:37,185
Yep. Ms. Moore? Yes. All right.

433
00:22:37,205 --> 00:22:39,185
So the structure of the motion would be

434
00:22:40,055 --> 00:22:42,905
just breaking into it partway through.

435
00:22:44,895 --> 00:22:49,105
This would be to permit the use of the existing rear

436
00:22:49,105 --> 00:22:52,225
of the property at six Pearl Street

437
00:22:53,465 --> 00:22:58,015
and allow the, the construction of a commercial garage

438
00:23:00,295 --> 00:23:04,635
for use from the abutting property at 1 27 Franklin Street.

439
00:23:05,855 --> 00:23:08,915
Sounds pretty smooth Ms. Owen? Yes. Alright.

440
00:23:09,365 --> 00:23:12,995
Board Ms. Moore. Mr. Tripp. Mr. Dietzel. Mr.

441
00:23:13,115 --> 00:23:14,315
O Bimba, any comments there?

442
00:23:15,315 --> 00:23:18,115
I do.

443
00:23:18,115 --> 00:23:22,275
We have the authority to permit

444
00:23:22,895 --> 00:23:25,595
access from the adjacent lot to the,

445
00:23:26,545 --> 00:23:28,195
from Franklin to Pearl Street.

446
00:23:28,665 --> 00:23:30,795
There's no liability to the town,

447
00:23:31,175 --> 00:23:32,875
as Ms. Owen has indicated.

448
00:23:32,895 --> 00:23:36,955
In researched there's no, that's more of a civil matter

449
00:23:37,495 --> 00:23:41,435
and it would be up to the property owner or the LLC

450
00:23:41,495 --> 00:23:45,365
or trust of both properties to amend

451
00:23:45,365 --> 00:23:46,605
that at their will.

452
00:23:47,625 --> 00:23:52,445
And the, in my view, the commercial garage

453
00:23:55,425 --> 00:23:59,365
at some later point could be utilized in a different sense

454
00:24:00,305 --> 00:24:01,405
for Pearl Street

455
00:24:02,905 --> 00:24:06,205
and this amendment does not create a contractor

456
00:24:06,355 --> 00:24:09,325
yard on Pearl Street.

457
00:24:16,315 --> 00:24:20,435
I think the original aspirations of the applicant was

458
00:24:20,435 --> 00:24:23,075
to be able to have more storage.

459
00:24:24,545 --> 00:24:27,475
There's that fine line of, of materials.

460
00:24:27,545 --> 00:24:30,755
They've taken that off the par property at Pearl Street.

461
00:24:31,465 --> 00:24:33,915
They get their garage, they have the definition,

462
00:24:33,915 --> 00:24:37,515
the board's giving relief from the commercial use

463
00:24:37,615 --> 00:24:41,675
of the garage, which is a mixed use on Pearl Street.

464
00:24:44,535 --> 00:24:45,835
Can you go with that Mr. Trip?

465
00:24:48,825 --> 00:24:50,605
So the garage will be gonna use the garage

466
00:24:50,785 --> 00:24:53,565
not for storing material. I, I'm good with that.

467
00:24:54,075 --> 00:24:58,965
Okay. All set. Mr. O Biba.

468
00:24:58,985 --> 00:25:00,405
All set. Okay, very

469
00:25:00,405 --> 00:25:04,125
good with that.

470
00:25:04,135 --> 00:25:06,085
Let's take a motion. Going to deliberation.

471
00:25:06,455 --> 00:25:08,245
Moved. Thank you Mr. Tripp.

472
00:25:08,385 --> 00:25:09,645
Mr. Bumba, you wanna help out?

473
00:25:09,795 --> 00:25:13,165
I'll second the motion. All in favor

474
00:25:13,585 --> 00:25:15,605
of deliberation, say aye.

475
00:25:15,785 --> 00:25:16,885
Aye. Aye. Any opposed?

476
00:25:22,855 --> 00:25:26,315
We had reflectively Our deliberation should

477
00:25:27,785 --> 00:25:29,315
reflect to the finding of facts,

478
00:25:29,415 --> 00:25:30,755
so please keep that in mind.

479
00:25:32,655 --> 00:25:37,435
And anybody have any commentary they like,

480
00:25:37,435 --> 00:25:38,955
would like to start off

481
00:25:38,955 --> 00:25:43,835
with Mr.

482
00:25:43,985 --> 00:25:44,985
Dietzel?

483
00:25:45,585 --> 00:25:50,435
Well, I think since

484
00:25:50,435 --> 00:25:54,955
we simplified it quite a bit, then I'm just gonna go

485
00:25:54,955 --> 00:25:56,115
by the five criteria.

486
00:26:00,175 --> 00:26:02,315
The reason I asked my question about whether

487
00:26:03,055 --> 00:26:05,515
he could build a conforming garage on the,

488
00:26:05,975 --> 00:26:07,675
on the Franklin Street

489
00:26:11,195 --> 00:26:15,635
property is because pro primarily due

490
00:26:15,755 --> 00:26:17,835
to the fifth criter and the hardship criter,

491
00:26:17,835 --> 00:26:20,675
and it says for purposes of this paragraph,

492
00:26:21,655 --> 00:26:22,955
the little I no fair

493
00:26:23,055 --> 00:26:25,075
and substantial relationship exists

494
00:26:25,075 --> 00:26:26,995
between the general public purposes

495
00:26:26,995 --> 00:26:28,235
and the ordinance provision.

496
00:26:28,695 --> 00:26:33,555
And it's almost like By con,

497
00:26:33,975 --> 00:26:38,155
by conforming with the ordinance strictly, we'd wind wind up

498
00:26:38,155 --> 00:26:41,195
with a less desirable result than granting the variance

499
00:26:41,505 --> 00:26:46,205
because that piece of property with its lawn is attractive

500
00:26:47,115 --> 00:26:50,645
aesthetically and also can be used in the future

501
00:26:51,585 --> 00:26:53,725
if they decide that, you know, the,

502
00:26:53,745 --> 00:26:55,205
the lawn is not the best use.

503
00:26:55,545 --> 00:26:58,085
So I, I think I'd almost rather have a non-conforming

504
00:26:58,965 --> 00:27:01,485
structure than a conforming one.

505
00:27:03,785 --> 00:27:07,485
And so having said that, reviewing the other five criteria,

506
00:27:07,765 --> 00:27:10,965
I think follow, I think it is in the best interest

507
00:27:10,965 --> 00:27:14,165
of the town to, first of all, it will clean it up,

508
00:27:14,375 --> 00:27:16,965
which is the ultimate goal.

509
00:27:17,215 --> 00:27:19,245
It'll allow 'em to continue the business.

510
00:27:22,085 --> 00:27:24,965
I don't think property values will be diminished at all.

511
00:27:25,225 --> 00:27:30,045
And I, I I, I think, I think

512
00:27:30,295 --> 00:27:34,445
after all is reviewed and all the, all all the TRC

513
00:27:34,465 --> 00:27:38,005
and planning and everything, I, I think that it'll be okay.

514
00:27:38,165 --> 00:27:39,645
I think it meets the five criteria.

515
00:27:40,115 --> 00:27:41,445
Very good. Mr. O Bimba,

516
00:27:43,245 --> 00:27:46,245
I echo the similar sentiments as Mr.

517
00:27:46,385 --> 00:27:49,405
Di, so I like how we've cleaned up the motion.

518
00:27:49,925 --> 00:27:54,525
It makes it very simple for code enforcement to, to work

519
00:27:54,525 --> 00:27:55,965
with the applicants

520
00:27:56,025 --> 00:27:59,285
and it's very clear, I think I've been on this case for

521
00:28:00,025 --> 00:28:01,405
had on the sidelines for a while.

522
00:28:01,435 --> 00:28:03,965
It's, it's clear on, on the variance they're seeking.

523
00:28:07,205 --> 00:28:10,405
I don't see any problem with the, with the five criteria

524
00:28:10,995 --> 00:28:14,565
just because it's already a non, has some nonconforming

525
00:28:15,105 --> 00:28:16,205
usages on the property.

526
00:28:18,705 --> 00:28:22,085
The spirit of the ordinance here is, is to promote health,

527
00:28:22,605 --> 00:28:24,445
public safety and general welfare

528
00:28:24,585 --> 00:28:26,685
to the society, to the community.

529
00:28:27,265 --> 00:28:30,005
We are already using that as a business.

530
00:28:30,245 --> 00:28:32,485
I don't see how that gets greatly affected

531
00:28:32,885 --> 00:28:34,405
by granting this variance.

532
00:28:37,285 --> 00:28:38,725
I think the motion is clear enough.

533
00:28:39,235 --> 00:28:41,885
Very good. Thank you Mr. Emba. Mr. Tripp,

534
00:28:42,855 --> 00:28:46,685
Could we have somebody read the motion so that I can

535
00:28:47,545 --> 00:28:49,085
be fairly certain what it is?

536
00:28:49,315 --> 00:28:52,565
Okay, let me break into this halfway

537
00:28:52,565 --> 00:28:56,365
through it without noting the sections and articles and,

538
00:28:56,675 --> 00:28:57,485
Okay. Okay.

539
00:28:58,275 --> 00:29:01,525
This is to permit the use of the existing rear

540
00:29:01,625 --> 00:29:04,485
of the property at six Pearl Street

541
00:29:06,005 --> 00:29:08,865
and allow the construction of a commercial garage

542
00:29:10,045 --> 00:29:14,225
for use from the abutting property at 27 Franklin Street.

543
00:29:17,045 --> 00:29:18,265
That's it. That's it.

544
00:29:19,095 --> 00:29:22,835
Alright, are we going

545
00:29:22,835 --> 00:29:24,195
to add any

546
00:29:24,975 --> 00:29:25,975
Condit conditions?

547
00:29:25,975 --> 00:29:28,475
Conditions? Well, they'll be subject to obtaining Allstate

548
00:29:28,475 --> 00:29:30,195
and town permits and inspections.

549
00:29:30,845 --> 00:29:34,755
Completion of the site plan process with the planning board

550
00:29:35,295 --> 00:29:38,875
is required and as Mrs. Owen has indicated,

551
00:29:38,875 --> 00:29:43,085
that will include a technical review committee, which

552
00:29:43,595 --> 00:29:47,005
most relevant I guess is, is fire on that correct?

553
00:29:48,505 --> 00:29:50,205
That's it. That's it. All right, thank you.

554
00:29:50,475 --> 00:29:53,045
Okay, I must set. All right Ms. Morin,

555
00:29:53,745 --> 00:29:56,685
My only concern was the public interest

556
00:29:56,785 --> 00:29:59,525
and that's been taken care of.

557
00:29:59,665 --> 00:30:02,005
So I see that it meets all five.

558
00:30:03,355 --> 00:30:05,605
Very good. Well without repeat being repetitive,

559
00:30:06,265 --> 00:30:08,565
we have the motion as structured then we have

560
00:30:08,585 --> 00:30:09,685
two points on there.

561
00:30:11,305 --> 00:30:14,445
Two points on the motion.

562
00:30:15,995 --> 00:30:20,485
That being said, where I guess I orchestrated a lot of this,

563
00:30:20,505 --> 00:30:23,045
it would be absurd for me to disagree with it at this point.

564
00:30:23,145 --> 00:30:24,765
So with that, let's take a motion

565
00:30:24,825 --> 00:30:26,245
and go out of deliberation please.

566
00:30:26,585 --> 00:30:29,685
So moved Mr. Tripp. Mr. Dietzel, you wanna help out?

567
00:30:29,835 --> 00:30:31,365
I'll second. Thank you. All in favor

568
00:30:31,365 --> 00:30:32,565
of coming outta deliberation.

569
00:30:32,665 --> 00:30:36,365
Say aye. Aye. Aye. Any opposed? All right, Mrs.

570
00:30:37,225 --> 00:30:38,285
You have a motion to read?

571
00:30:38,645 --> 00:30:42,245
I do. Thank you. I make a motion on case number

572
00:30:42,785 --> 00:30:47,685
two six dash 18 to grant a variance to the terms

573
00:30:47,985 --> 00:30:52,285
of article six, section 1 6 5 dash

574
00:30:52,855 --> 00:30:56,605
three three B of the town of dairy zoning ordinance

575
00:30:57,385 --> 00:31:01,965
to permit the use of the existing rear of the property

576
00:31:02,745 --> 00:31:04,125
to allow the construction

577
00:31:04,125 --> 00:31:06,925
of a commercial garage at six Pearl Street

578
00:31:07,625 --> 00:31:11,925
for use from the abutting property at 27 Franklin Street

579
00:31:12,785 --> 00:31:17,725
Parcel ID 3 0 0 9 2 zoned CBD

580
00:31:18,025 --> 00:31:20,445
as presented with the following conditions.

581
00:31:20,865 --> 00:31:24,525
We have two. One subject to obtaining Allstate

582
00:31:24,545 --> 00:31:26,485
and town permits and inspections.

583
00:31:27,265 --> 00:31:29,925
Two completion of the site plan process

584
00:31:30,115 --> 00:31:32,165
with the planning board is required.

585
00:31:33,065 --> 00:31:34,885
And that concludes the reading of the motion.

586
00:31:35,085 --> 00:31:36,765
I need a second. Second.

587
00:31:36,975 --> 00:31:39,525
Thank you. Mr. Trip puts the motion on the floor.

588
00:31:41,615 --> 00:31:45,285
Let's get into the finding of fact hearing. No opposition.

589
00:31:45,445 --> 00:31:49,365
I would ask for a motion to abbreviate the finding of fact.

590
00:31:49,825 --> 00:31:53,165
So move. Thank you Mr. Tripp. Second Mr. Omba. I'll second.

591
00:31:53,295 --> 00:31:56,165
Thank you. All in favor say aye. Aye. Very good.

592
00:31:56,165 --> 00:31:59,645
Finding a fact. The applicant desires to create a contractor

593
00:32:00,635 --> 00:32:02,245
yard or desired

594
00:32:02,245 --> 00:32:05,165
to create a contractor yard over two parcels.

595
00:32:05,585 --> 00:32:08,445
The application was in the central business district.

596
00:32:09,385 --> 00:32:12,365
The applicant owns the adjoin parcels

597
00:32:12,705 --> 00:32:15,765
and has been utilizing one as a contractor yard.

598
00:32:15,905 --> 00:32:20,605
By definition. The applicant originally

599
00:32:20,605 --> 00:32:24,205
started working on a change of use compliance requests in

600
00:32:25,245 --> 00:32:27,085
November, 2024.

601
00:32:28,265 --> 00:32:31,005
The board granted relief

602
00:32:32,305 --> 00:32:34,725
for a commercial garage

603
00:32:35,305 --> 00:32:37,485
on six Pearl Street.

604
00:32:43,445 --> 00:32:44,805
A little ahead of myself there

605
00:32:46,545 --> 00:32:49,845
and the application is zone is in the central

606
00:32:50,285 --> 00:32:51,605
business district zone.

607
00:32:52,555 --> 00:32:55,765
Anybody have any amendments to that finding effect?

608
00:32:57,425 --> 00:32:58,885
Seeing no gestures there?

609
00:32:59,105 --> 00:33:02,645
All in favor of moving the motion for a vote? Say aye. Aye.

610
00:33:02,825 --> 00:33:07,645
Aye. Mrs. Morin? Yes. Mr. Omba? Yes.

611
00:33:10,145 --> 00:33:11,285
Mr. Trip? Yes.

612
00:33:12,625 --> 00:33:15,165
Mr. Dietzel?

613
00:33:15,865 --> 00:33:20,355
Yes. And the chair will make that unanimous

614
00:33:20,455 --> 00:33:21,915
by a vote of five to zero.

615
00:33:23,375 --> 00:33:26,635
So gentlemen, under those conditions you're approved

616
00:33:26,815 --> 00:33:27,875
and don't have to come back

617
00:33:27,875 --> 00:33:29,555
and see us next meeting. How's that?

618
00:33:30,075 --> 00:33:31,875
Sounds great. Thank you you very much. Thank

619
00:33:31,875 --> 00:33:32,875
You.

620
00:33:32,875 --> 00:33:34,155
Very good. Thank you anybody We'll miss

621
00:33:34,155 --> 00:33:35,155
You.

622
00:33:35,155 --> 00:33:38,555
Miss you too. Anybody agree by this as 30 days to ask

623
00:33:38,575 --> 00:33:39,795
for a rehearing, otherwise

624
00:33:40,075 --> 00:33:41,275
recourse will be a superior court.

625
00:33:41,725 --> 00:33:43,315
Thank you. Okay, thank you. Thank

626
00:33:43,315 --> 00:33:44,315
You guys.

627
00:33:47,905 --> 00:33:51,195
Next up is case number 26 dash 1 25.

628
00:33:51,585 --> 00:33:55,755
Dolores de Oh, that's ario.

629
00:33:57,095 --> 00:33:59,995
Mr. Henry, would you sit on this case for me please? Yes,

630
00:33:59,995 --> 00:34:00,995
Mr.

631
00:34:00,995 --> 00:34:01,245
Chair.

632
00:34:06,625 --> 00:34:07,835
Good evening folks. How are you?

633
00:34:08,825 --> 00:34:10,875
Very well. Happy to see you.

634
00:34:15,335 --> 00:34:17,795
All right. So what we ask you to do is read your application

635
00:34:17,895 --> 00:34:19,395
for five criteria for the record.

636
00:34:19,695 --> 00:34:21,875
All right. And then we will barrage you with questions

637
00:34:22,015 --> 00:34:24,435
and try and get you outta here as soon as we can.

638
00:34:25,505 --> 00:34:27,515
Okay. Put my greeting glasses on.

639
00:34:33,945 --> 00:34:38,675
Okay. The first point is that the variance is not contrary

640
00:34:38,695 --> 00:34:39,715
to public interest.

641
00:34:40,815 --> 00:34:43,875
And our response to that is the requested variance

642
00:34:43,975 --> 00:34:47,915
of 11.5 feet for side yard setback to accommodate

643
00:34:48,755 --> 00:34:53,395
a corner of the proposed sunroom would only impact a 15

644
00:34:54,455 --> 00:34:59,355
square foot area within the standard 15 foot setback.

645
00:35:00,465 --> 00:35:03,195
This would increase the property value without adversely

646
00:35:03,265 --> 00:35:05,715
impacting the abutters or the neighborhood.

647
00:35:06,415 --> 00:35:09,715
And just to point out that 15 square foot area

648
00:35:11,175 --> 00:35:13,195
is equal to a half a sheet of plywood.

649
00:35:14,415 --> 00:35:17,195
You're right. It is. So if we're not talking much,

650
00:35:17,555 --> 00:35:19,755
Slightly less, I didn't know we were

651
00:35:19,755 --> 00:35:20,795
doing math tonight though.

652
00:35:21,025 --> 00:35:22,555
Well, I'm an engineer so Well this is

653
00:35:22,715 --> 00:35:23,715
Arithmetic.

654
00:35:23,725 --> 00:35:26,395
Thank you. Okay.

655
00:35:26,695 --> 00:35:29,875
And the second point, the spirit of the ordinances observed

656
00:35:29,875 --> 00:35:33,555
because the variance would not adversely impact the abutters

657
00:35:34,715 --> 00:35:37,925
negatively effective for sounding re surrounding property

658
00:35:37,925 --> 00:35:40,565
values or change the character of the neighborhood.

659
00:35:42,435 --> 00:35:44,005
Substantial justice is done

660
00:35:44,005 --> 00:35:47,125
because the lot is a very restrictive, odd shape.

661
00:35:47,955 --> 00:35:51,565
It's almost pie shaped requiring a small variance

662
00:35:51,565 --> 00:35:54,245
to accommodate a corner of the proposed sunroom.

663
00:35:56,835 --> 00:35:58,325
Item four, the values

664
00:35:58,425 --> 00:36:00,685
of surrounding properties are not diminished

665
00:36:00,685 --> 00:36:04,005
because the variance in construction

666
00:36:04,005 --> 00:36:06,365
of the sunroom would increase the property value

667
00:36:06,935 --> 00:36:09,205
benefiting the value of surrounding properties.

668
00:36:09,895 --> 00:36:13,205
There are no negative impacts to the surrounding properties.

669
00:36:17,715 --> 00:36:21,125
Okay. Let's see. Item five.

670
00:36:22,035 --> 00:36:24,125
Literal enforcement of the provision

671
00:36:24,125 --> 00:36:27,085
of the ordinance would result in an unnecessary hardship.

672
00:36:29,065 --> 00:36:32,845
The odd shape of the lot is restrictive in a small variance

673
00:36:32,865 --> 00:36:36,525
is necessary to accommodate one corner of the sunroom

674
00:36:37,025 --> 00:36:38,485
to provide reasonable use

675
00:36:39,095 --> 00:36:41,565
while meeting the general intent of the ordinance.

676
00:36:42,265 --> 00:36:46,005
The existing house is small, it's it's

677
00:36:46,905 --> 00:36:51,445
1,310 square feet and has one common room.

678
00:36:52,225 --> 00:36:54,045
The addition of the sun room is a,

679
00:36:54,145 --> 00:36:57,165
is a significant improvement for the period

680
00:36:57,235 --> 00:36:58,245
that the owner has

681
00:36:58,245 --> 00:37:01,085
to spend at home while undergoing treatment

682
00:37:01,085 --> 00:37:02,245
for a medical condition.

683
00:37:05,105 --> 00:37:06,405
And those are the five points.

684
00:37:07,785 --> 00:37:10,845
Can You state your name just for the record please?

685
00:37:11,195 --> 00:37:14,685
Yeah, my name is Timothy James Lynch.

686
00:37:14,735 --> 00:37:17,845
Thank you. Thank you Ms.

687
00:37:18,865 --> 00:37:23,205
Mrs. Moore. Alright. Care.

688
00:37:23,435 --> 00:37:25,765
Give us more of an explanation outside of the,

689
00:37:25,945 --> 00:37:27,325
the legal parameters.

690
00:37:29,435 --> 00:37:33,605
Well, I think that the biggest point is

691
00:37:34,755 --> 00:37:36,405
it's a very restrictive property.

692
00:37:38,025 --> 00:37:39,725
As I said, there's one common room.

693
00:37:41,265 --> 00:37:44,645
She uses a deck when the weather is good

694
00:37:44,905 --> 00:37:46,125
to get a little more room.

695
00:37:46,215 --> 00:37:49,605
She's, she's spending a great deal of time at the residence

696
00:37:50,395 --> 00:37:52,605
because she is undergoing medical treatment.

697
00:37:54,145 --> 00:37:58,325
And as I said, we're talking about encroaching on

698
00:37:58,325 --> 00:38:02,845
that 15 foot setback by half a sheet of plywood.

699
00:38:04,235 --> 00:38:05,455
So we're not talking much,

700
00:38:05,645 --> 00:38:07,415
it's just at the corner of the sun room.

701
00:38:07,595 --> 00:38:09,695
You're replacing a deck that's there now?

702
00:38:09,995 --> 00:38:13,135
Yes. Okay. Which is within the

703
00:38:13,305 --> 00:38:14,615
Boundaries, The allowed area.

704
00:38:14,685 --> 00:38:19,055
Yeah. Okay. Now the other, just one other point

705
00:38:19,055 --> 00:38:20,055
that I didn't put in here,

706
00:38:21,065 --> 00:38:24,655
we're tying the sun room ties into the existing building,

707
00:38:25,035 --> 00:38:28,695
the roof ties in, the walls tie in, so you're also limited

708
00:38:29,475 --> 00:38:31,575
on where you can tie into the building.

709
00:38:32,005 --> 00:38:36,445
Okay. Yeah.

710
00:38:36,505 --> 00:38:39,565
So it's not like a screen, separate screen porch. Correct?

711
00:38:40,665 --> 00:38:41,845
That's correct. Okay.

712
00:38:42,825 --> 00:38:44,965
All right. Anything else you wish to add?

713
00:38:45,705 --> 00:38:47,165
No, I think that pretty well covers it.

714
00:38:47,585 --> 00:38:50,245
All right. Just for the record, the board has two records

715
00:38:50,305 --> 00:38:52,765
of recommendation from Abutters.

716
00:38:53,805 --> 00:38:56,765
We'll read that into the record a little bit later.

717
00:38:57,605 --> 00:39:01,445
Anybody have any questions Mr. Dietzel? No. Thank you Mr.

718
00:39:01,495 --> 00:39:06,165
Chair. All right, Mr. Henry? No, thank you. Okay, Mr. Trip.

719
00:39:07,925 --> 00:39:12,485
I was just gonna say the one

720
00:39:12,485 --> 00:39:13,645
of the drawings that you

721
00:39:13,925 --> 00:39:18,045
provided shows that the old deck was

722
00:39:21,065 --> 00:39:24,005
within the setbacks, both the front setback

723
00:39:24,425 --> 00:39:25,605
and the side setback.

724
00:39:25,945 --> 00:39:28,645
Yes. Now what you're asking

725
00:39:28,665 --> 00:39:31,245
for is a relief from the side back side

726
00:39:31,245 --> 00:39:32,365
setback right now. Right,

727
00:39:32,735 --> 00:39:33,735
Right.

728
00:39:33,735 --> 00:39:35,765
The front side back doesn't come into play

729
00:39:35,835 --> 00:39:39,525
because if you look at the other plot plan

730
00:39:40,455 --> 00:39:44,425
from when the original building was built, they,

731
00:39:44,685 --> 00:39:49,305
the surveyor established that the average

732
00:39:50,735 --> 00:39:55,105
setback, front setback for 300 feet to either side

733
00:39:55,105 --> 00:39:57,385
of the property was 22 feet.

734
00:40:00,215 --> 00:40:01,945
That was the rear setback average

735
00:40:02,525 --> 00:40:03,865
or the front? Front? Front.

736
00:40:03,995 --> 00:40:07,075
Sorry. It's an old neighborhood.

737
00:40:08,025 --> 00:40:09,755
It's what? It's an old neighborhood.

738
00:40:11,735 --> 00:40:13,515
It is an old neighborhood.

739
00:40:14,095 --> 00:40:15,115
Yes. Yes it is.

740
00:40:15,135 --> 00:40:18,595
And if you look at the houses in the immediate area on the

741
00:40:18,595 --> 00:40:19,635
other side of the street, yep.

742
00:40:20,985 --> 00:40:22,195
They don't even make 10 feet.

743
00:40:23,055 --> 00:40:25,235
Got it. Okay. Mr. Trip, anything else?

744
00:40:27,315 --> 00:40:30,595
Well, I I, the reason I said that

745
00:40:31,835 --> 00:40:36,655
or noted that is if we're,

746
00:40:36,655 --> 00:40:40,855
if we're gonna give you a, a relief from the side setback,

747
00:40:41,375 --> 00:40:42,895
I was thinking that we should probably give you

748
00:40:43,435 --> 00:40:46,735
relief from the front setback too now.

749
00:40:46,735 --> 00:40:47,735
No,

750
00:40:48,985 --> 00:40:50,635
That would be preexisting.

751
00:40:51,025 --> 00:40:52,595
Well, it's preexisting, correct.

752
00:40:52,705 --> 00:40:55,595
They're not building to the front and we can miss,

753
00:40:55,865 --> 00:40:56,865
Well actually they are.

754
00:40:58,015 --> 00:40:59,715
Ms. Owen, you want to chime in

755
00:40:59,715 --> 00:41:00,995
with your staff report. Thank

756
00:41:00,995 --> 00:41:01,995
You.

757
00:41:02,375 --> 00:41:04,635
So I'll just start by reiterating

758
00:41:04,635 --> 00:41:06,355
what the applicant has stated.

759
00:41:06,385 --> 00:41:08,795
They're requesting a variance to allow the construction

760
00:41:08,795 --> 00:41:11,555
of a 14 foot by 14 foot sunroom 11

761
00:41:11,575 --> 00:41:12,595
and a half feet off

762
00:41:12,595 --> 00:41:15,995
of the side property line at its closest point when 15 feet

763
00:41:15,995 --> 00:41:18,875
is required, the property is located in the medium high

764
00:41:18,875 --> 00:41:20,555
density residential zoning district,

765
00:41:20,555 --> 00:41:23,875
which requires a minimum of 15 foot side setback.

766
00:41:24,915 --> 00:41:26,275
Therefore, the variance is required.

767
00:41:26,855 --> 00:41:29,195
The applicant proposes to replace the existing deck,

768
00:41:29,215 --> 00:41:31,395
as we can see, it was 11 foot by 12 foot

769
00:41:32,375 --> 00:41:35,965
and now build an enclosed sunroom measuring 14 foot by 14.

770
00:41:36,905 --> 00:41:39,965
The existing single family residence was

771
00:41:39,965 --> 00:41:41,205
constructed in 2015.

772
00:41:42,025 --> 00:41:46,245
The existing parcel is approximately just under a quarter

773
00:41:46,265 --> 00:41:49,365
of an acre and is serviced by municipal water and sewer.

774
00:41:49,545 --> 00:41:53,205
The existing single family residence is considered

775
00:41:53,255 --> 00:41:54,845
conforming with respect

776
00:41:54,865 --> 00:41:58,765
to the front setback requirements pursuant to Article three,

777
00:41:58,795 --> 00:42:03,125
section 1 65 dash 10, which allows the required setback

778
00:42:03,125 --> 00:42:05,565
to be determined by averaging the setbacks

779
00:42:05,705 --> 00:42:08,925
of principal structures located within 300 feet

780
00:42:08,945 --> 00:42:12,005
of the property on the same side of the street.

781
00:42:12,665 --> 00:42:16,925
So we're using that which was what permitted

782
00:42:17,945 --> 00:42:19,405
the existing single family home.

783
00:42:21,105 --> 00:42:25,165
We are con confirming with that section

784
00:42:25,505 --> 00:42:28,125
and that was permitted at that time, that the,

785
00:42:28,425 --> 00:42:31,885
the front setback is pre-existing non-conforming, I guess,

786
00:42:32,585 --> 00:42:34,365
or is conforming per this article.

787
00:42:34,465 --> 00:42:36,365
1 65 dash 10

788
00:42:37,505 --> 00:42:39,805
the proposed sunroom addition would expand the existing

789
00:42:39,805 --> 00:42:41,965
footprint while maintaining the established

790
00:42:41,965 --> 00:42:43,085
residential use of the property.

791
00:42:43,665 --> 00:42:47,565
The variance pertains solely to the side setback

792
00:42:48,265 --> 00:42:50,005
and then if approved, appropriate permits

793
00:42:50,005 --> 00:42:51,245
and inspections are required.

794
00:42:52,135 --> 00:42:53,205
Thank you Ms. Zn.

795
00:42:53,265 --> 00:42:57,925
Any questions from any of the board to Ms. Zn? Alright, Mr.

796
00:42:57,955 --> 00:42:59,765
Trip, any other questions for the applicant?

797
00:43:01,395 --> 00:43:04,655
No, I'm thankful for the education I got tonight.

798
00:43:04,915 --> 00:43:08,335
I'd never, I'd never seen 1 65 dash 10. So.

799
00:43:10,795 --> 00:43:12,375
All right. So you're all set for now? I'm all set.

800
00:43:12,445 --> 00:43:13,575
Trip. I'm set. Okay. Mrs. Mor,

801
00:43:14,415 --> 00:43:15,415
Chairman, I'm all set.

802
00:43:15,415 --> 00:43:17,255
All right. And Mr. Donlin and Mr.

803
00:43:17,725 --> 00:43:19,335
Omba, either of you are of course, or

804
00:43:19,715 --> 00:43:21,775
or set welcome to chime in Mr.

805
00:43:21,885 --> 00:43:24,775
Dietzel. We all set? Mr. You're all set. Mr.

806
00:43:24,805 --> 00:43:26,695
Dietzel all set? Okay.

807
00:43:27,755 --> 00:43:29,375
If folks have anything else to tell us.

808
00:43:29,845 --> 00:43:31,255
Alright, well let's make a call

809
00:43:31,255 --> 00:43:32,775
to public, see how that goes.

810
00:43:33,235 --> 00:43:35,215
And you'll have a chance to rebut anything

811
00:43:35,215 --> 00:43:36,855
that anyone says about you, okay?

812
00:43:37,285 --> 00:43:39,615
Okay. Alright. Or your application. Thank you.

813
00:43:39,615 --> 00:43:41,935
Alright, you, at this point we'll make a call to public.

814
00:43:42,315 --> 00:43:45,335
Any, anybody who wishes just to support this application,

815
00:43:46,015 --> 00:43:47,735
this is your opportunity to come forward

816
00:43:49,015 --> 00:43:50,815
seeing no one rise, Mrs. Moore.

817
00:43:50,815 --> 00:43:53,375
And you have two letters there for support.

818
00:43:53,475 --> 00:43:56,735
Can you just briefly acknowledge those individuals

819
00:43:56,835 --> 00:43:58,815
and their comments?

820
00:43:59,795 --> 00:44:02,575
The direct abutter at 20 Aiken Street

821
00:44:03,465 --> 00:44:08,015
under V-I-T-L-L-C for the sunroom

822
00:44:08,525 --> 00:44:12,215
sunroom request at 19 I Aiken, I approve

823
00:44:12,315 --> 00:44:15,175
of their zoning requests and wish them good luck.

824
00:44:16,235 --> 00:44:18,415
And then the other one's in here,

825
00:44:21,675 --> 00:44:26,015
the other one is as owner of two properties on Aiken Street

826
00:44:26,515 --> 00:44:28,095
and other nearby properties.

827
00:44:28,415 --> 00:44:31,525
I am in support of allowing the construction

828
00:44:31,545 --> 00:44:34,045
of a sunroom 11.5 feet

829
00:44:34,555 --> 00:44:38,405
from the side property line at the closest point when 15

830
00:44:38,475 --> 00:44:39,645
feet is required.

831
00:44:39,825 --> 00:44:42,205
And that is from Ralph Valentine. Very

832
00:44:42,205 --> 00:44:43,205
Good.

833
00:44:43,465 --> 00:44:45,565
No one else rises for support.

834
00:44:45,745 --> 00:44:48,285
So anybody in opposition of this application,

835
00:44:48,355 --> 00:44:50,085
this would be your opportunity to come forward.

836
00:44:51,825 --> 00:44:54,325
And likewise, we so see no one rise there.

837
00:44:55,865 --> 00:44:58,045
So with that being said, we will consider

838
00:44:58,045 --> 00:45:00,405
that we've met the statute for public input

839
00:45:01,025 --> 00:45:03,925
and we can take a motion to go into deliberation.

840
00:45:04,385 --> 00:45:08,645
So move Mr. Trip motions. We have second please. Second.

841
00:45:09,195 --> 00:45:10,685
Okay. Thank you Mr. Dietzel.

842
00:45:11,945 --> 00:45:15,245
All in favor of deliberation, say aye. Aye. Any opposed?

843
00:45:16,225 --> 00:45:19,085
All right. We have a motion that's structured.

844
00:45:19,115 --> 00:45:22,205
This is in the medium high density residential area.

845
00:45:23,125 --> 00:45:26,125
We have one condition already structured there, subject

846
00:45:26,185 --> 00:45:29,085
to obtaining all state and town permits and inspections.

847
00:45:30,005 --> 00:45:33,915
Anybody have anything else they'd like to add here? No.

848
00:45:34,375 --> 00:45:37,955
All right. Very good. Mr. Henry, you wanna give us a motion

849
00:45:37,955 --> 00:45:39,315
to come outta deliberation please?

850
00:45:39,835 --> 00:45:41,635
I move to come outta deliberation. Thank you very much.

851
00:45:41,775 --> 00:45:43,675
Second, Mr. Trip has a second.

852
00:45:44,055 --> 00:45:47,235
All in favor of coming outta deliberation. Say aye. Aye.

853
00:45:47,235 --> 00:45:48,475
Aye. Aye. Any opposed?

854
00:45:49,255 --> 00:45:51,315
Ms. Moore, you have a motion to read? I

855
00:45:51,315 --> 00:45:52,315
Do.

856
00:45:52,315 --> 00:45:56,435
Thank you. I make a motion on case number 26 dash

857
00:45:56,855 --> 00:46:01,635
25 to grant a variance to the terms of Article six,

858
00:46:02,025 --> 00:46:06,595
section 1 65 dash 4 5 1

859
00:46:07,115 --> 00:46:11,195
BD of the town of dairy zoning ordinance

860
00:46:11,455 --> 00:46:13,955
to allow the construction of a sunroom

861
00:46:14,575 --> 00:46:19,555
11.5 feet from the property side property line at

862
00:46:19,575 --> 00:46:23,315
its closest point when 15 feet is required.

863
00:46:24,055 --> 00:46:28,355
Parcel ID 2 6 0 3 0 dash

864
00:46:28,745 --> 00:46:33,715
0 0 1 zoned MHDR as presented

865
00:46:33,715 --> 00:46:35,115
with the following conditions.

866
00:46:35,495 --> 00:46:38,955
We have one, one subject to obtaining Allstate

867
00:46:39,775 --> 00:46:41,995
in town permits and inspections.

868
00:46:42,135 --> 00:46:43,955
And that concludes the reading of the motion.

869
00:46:44,195 --> 00:46:45,595
I need a second. Second

870
00:46:47,175 --> 00:46:49,155
Motion is on the, on the floor.

871
00:46:49,935 --> 00:46:52,035
Any other comments there?

872
00:46:52,235 --> 00:46:55,275
Amending the motion, seeing no gestures there.

873
00:46:55,715 --> 00:46:57,195
Let's get into finding of fact

874
00:46:57,855 --> 00:47:00,555
the board has seen no opposition or, or

875
00:47:01,135 --> 00:47:02,395
but concerns with this.

876
00:47:02,955 --> 00:47:05,915
I ask for a motion to go to abbreviate the finding of fact.

877
00:47:06,305 --> 00:47:09,555
I'll make that motion. Very good. Second. Thank you Mr.

878
00:47:09,725 --> 00:47:11,235
Tripp. All right, just briefly.

879
00:47:11,535 --> 00:47:14,275
The application is in the medium high density residential

880
00:47:14,345 --> 00:47:14,635
zone

881
00:47:19,375 --> 00:47:22,835
and the application is for setback of a sun.

882
00:47:22,935 --> 00:47:24,875
New constructed sunroom.

883
00:47:25,415 --> 00:47:28,075
The application replaces an existing porch

884
00:47:28,535 --> 00:47:32,805
and the applicant rece seeks relief from a 15 foot side

885
00:47:32,915 --> 00:47:36,565
setback and the lot constraint is,

886
00:47:37,155 --> 00:47:39,245
it's a triangular shaped lot.

887
00:47:39,715 --> 00:47:42,525
Anybody wish to amend or add to that finding?

888
00:47:42,525 --> 00:47:45,685
Of fact seeing nobody. All right, very good.

889
00:47:46,065 --> 00:47:49,365
All in favor of moving this for a vote. Say aye. Aye. Aye.

890
00:47:49,365 --> 00:47:54,045
Any opposed? Mr. Dietzel? Yes. Mr. Henry? Yes.

891
00:47:54,425 --> 00:47:59,125
Mr. Tripp? Yes. Mr. Who am I missing?

892
00:47:59,665 --> 00:48:02,045
Ms. Moore? I'm sorry. Yes. Yep.

893
00:48:02,185 --> 00:48:04,285
And the chair will make that unanimous

894
00:48:04,285 --> 00:48:05,525
by a vote of five to zero.

895
00:48:05,705 --> 00:48:06,925
So folks, you're all set.

896
00:48:08,235 --> 00:48:11,525
Anybody agg agree by this has 30 days to ask this board

897
00:48:11,545 --> 00:48:12,605
for reconsideration.

898
00:48:13,065 --> 00:48:14,965
Beyond that would be your superior court.

899
00:48:15,745 --> 00:48:18,165
But other than that, you're all set. Have a good evening.

900
00:48:18,165 --> 00:48:19,965
Congratulations. Thank you very much.

901
00:48:21,865 --> 00:48:24,725
All right, next up we have Patricia Panco

902
00:48:25,805 --> 00:48:27,725
representing Robert Scott Rowe.

903
00:48:27,835 --> 00:48:30,845
Case number 26 dash 1 26.

904
00:48:37,075 --> 00:48:37,365
Okay.

905
00:48:41,355 --> 00:48:42,165
Good evening Ms.

906
00:48:42,615 --> 00:48:43,645
Panco. How are you?

907
00:48:44,025 --> 00:48:45,725
I'm fine and you? Good evening, Mr.

908
00:48:46,125 --> 00:48:47,365
Chairman, members of the board

909
00:48:47,785 --> 00:48:48,965
And you visited with us

910
00:48:48,965 --> 00:48:51,485
before, so you know, we like to have the motion

911
00:48:51,745 --> 00:48:54,085
or the five criteria read into the record first.

912
00:48:54,915 --> 00:48:57,805
Okay. So do you want an overview of the property

913
00:48:57,825 --> 00:49:00,405
or would you like to just read through the criteria?

914
00:49:00,765 --> 00:49:02,805
I just would like you to go to the criteria. Okay.

915
00:49:02,805 --> 00:49:05,125
And then we can bounce around if you need to afterwards.

916
00:49:05,155 --> 00:49:08,605
Okay. Everybody has your, your site plan in their packet.

917
00:49:09,115 --> 00:49:13,645
Okay. First criteria, the variance will not be contrary

918
00:49:13,665 --> 00:49:14,805
to the public interest.

919
00:49:15,225 --> 00:49:18,045
For the variance to be contrary to the public interest,

920
00:49:18,105 --> 00:49:21,445
it must markedly alter the essential character

921
00:49:21,445 --> 00:49:24,365
of the neighborhood or threaten the public health, safety,

922
00:49:24,465 --> 00:49:26,085
or welfare of the community.

923
00:49:26,855 --> 00:49:29,965
Harrington v Warner, the subject

924
00:49:30,565 --> 00:49:34,765
property is located in the low medium density residential

925
00:49:35,085 --> 00:49:37,005
district in an area of dairy

926
00:49:37,015 --> 00:49:41,605
where there are primarily single family homes located on one

927
00:49:41,605 --> 00:49:42,765
and two acre lots.

928
00:49:43,665 --> 00:49:48,085
The owner is proposing to add a two car attached garage

929
00:49:48,425 --> 00:49:50,925
to his existing single family home

930
00:49:51,665 --> 00:49:55,525
and finish approximately 911 square feet

931
00:49:56,215 --> 00:50:00,405
above the garage as an A DU where he will reside

932
00:50:00,405 --> 00:50:01,965
with his daughter Danielle.

933
00:50:03,145 --> 00:50:06,005
The plans for the structure have been submitted

934
00:50:06,005 --> 00:50:09,805
with the application as Exhibit F due

935
00:50:09,865 --> 00:50:14,725
to a 50 foot right of way, which was laid out by a

936
00:50:15,365 --> 00:50:17,045
1980 subdivision.

937
00:50:18,005 --> 00:50:21,325
A 35 foot front setback applies

938
00:50:21,505 --> 00:50:26,125
to the northerly sideline of the applicant's lot

939
00:50:26,675 --> 00:50:28,485
that is shown on exhibit B.

940
00:50:29,055 --> 00:50:33,565
There is also a 20 foot wide drainage easement

941
00:50:33,915 --> 00:50:37,725
extending along the lot's northerly boundary.

942
00:50:39,225 --> 00:50:44,045
The exterior renderings for the A DU attached as Exhibit F

943
00:50:44,555 --> 00:50:47,565
show the front elevation was designed

944
00:50:47,585 --> 00:50:51,205
to match the existing home when viewed from Frost Road.

945
00:50:52,025 --> 00:50:56,445
For this reason, the A DU will not be seen from the road

946
00:50:56,625 --> 00:51:00,365
and will not change the character of the, or the of the area

947
00:51:00,465 --> 00:51:03,925
or threaten the public health, safety, or welfare.

948
00:51:04,665 --> 00:51:08,685
As shown in the two photos attached as Exhibit D

949
00:51:08,985 --> 00:51:13,925
of structures that are in the area for the spirit

950
00:51:13,985 --> 00:51:18,325
of the ordinance to be observed, it must markedly

951
00:51:18,545 --> 00:51:21,405
and conflict with its intended purpose.

952
00:51:22,665 --> 00:51:27,525
The owner is requesting a variance from the 35 foot front

953
00:51:27,675 --> 00:51:32,205
setback applied to the northerly sideline of his lot due

954
00:51:32,265 --> 00:51:37,125
to the unimproved roadway right of way created in 1980.

955
00:51:38,105 --> 00:51:42,685
The purpose of setbacks is to ensure adequate spacing

956
00:51:42,685 --> 00:51:47,085
between structures in between structures and roads.

957
00:51:47,795 --> 00:51:51,805
Greater setbacks generally AP apply to roads

958
00:51:51,855 --> 00:51:55,125
where traffic is anticipated to exist.

959
00:51:56,185 --> 00:51:57,205
The right of way,

960
00:51:57,235 --> 00:52:01,845
however, has existed on plans for 46 years

961
00:52:02,145 --> 00:52:03,965
and has yet to be improved.

962
00:52:04,705 --> 00:52:09,125
It is very unlikely there will never be a roadway built in

963
00:52:09,125 --> 00:52:11,645
the right of way due to the stream

964
00:52:11,675 --> 00:52:13,605
that flows across the right of way.

965
00:52:13,735 --> 00:52:18,525
Shown on exhibit E one where there is also a wetland

966
00:52:19,305 --> 00:52:21,965
and its topography drops off

967
00:52:22,225 --> 00:52:26,565
and then goes up dramatically actually about 20 feet

968
00:52:26,825 --> 00:52:29,205
as shown on exhibit two E two.

969
00:52:30,215 --> 00:52:33,445
There is also a wetland located on the parcel,

970
00:52:34,085 --> 00:52:36,325
directly abutting the rear of the lot.

971
00:52:36,625 --> 00:52:39,365
And collectively these physical challenges

972
00:52:40,145 --> 00:52:44,525
likely explain why the right of way has not been improved.

973
00:52:45,345 --> 00:52:47,805
It would not be contrary to the spirit

974
00:52:47,825 --> 00:52:50,965
and intent of the ordinance to grant the on's request

975
00:52:51,665 --> 00:52:53,765
for a modest reduction

976
00:52:53,945 --> 00:52:56,925
of the front setback requirement being applied

977
00:52:57,065 --> 00:52:58,525
to his side lot line

978
00:52:59,065 --> 00:53:02,045
to accommodate the construction of the garage.

979
00:53:02,345 --> 00:53:07,125
And the A DU substantial justice will be

980
00:53:07,125 --> 00:53:09,725
done by granting the variance

981
00:53:10,115 --> 00:53:13,165
because for it to be done, the benefit

982
00:53:13,345 --> 00:53:17,605
to the owner must outweigh any public harm.

983
00:53:18,455 --> 00:53:20,885
Since it is very unlikely the right

984
00:53:20,885 --> 00:53:24,925
of way will ever be improved due to its physical challenges,

985
00:53:25,495 --> 00:53:27,485
there will be no loss to the public

986
00:53:27,705 --> 00:53:32,245
by granting this modest relief to allow the garage in a DU

987
00:53:32,265 --> 00:53:36,805
to be constructed on the lot, the values

988
00:53:36,945 --> 00:53:39,765
of the surrounding properties will not be diminished.

989
00:53:40,225 --> 00:53:42,965
The owner's construction plans attached

990
00:53:43,225 --> 00:53:46,645
as Exhibit F show the exterior elevation

991
00:53:47,025 --> 00:53:51,165
of the proposed A DU is designed to match the exterior

992
00:53:51,425 --> 00:53:52,845
of his existing home.

993
00:53:53,865 --> 00:53:58,365
The house located directly across Frost Road from the lot

994
00:53:58,705 --> 00:54:00,485
is similarly styled.

995
00:54:01,945 --> 00:54:03,725
That's shown on exhibit C.

996
00:54:04,215 --> 00:54:07,565
There is also a much larger duplex loaded

997
00:54:08,115 --> 00:54:12,725
located on Frost Road with an A DU near the lot

998
00:54:13,385 --> 00:54:16,485
that's also similarly styled.

999
00:54:16,885 --> 00:54:20,565
Collectively, these photos confirm the onus proposed

1000
00:54:20,915 --> 00:54:23,845
improvement will blend in with the area

1001
00:54:24,345 --> 00:54:27,405
and not diminish surrounding property values.

1002
00:54:28,995 --> 00:54:31,565
Literal enforcement of the provisions

1003
00:54:31,565 --> 00:54:35,565
of the ordinance would result in an unnecessary hardship.

1004
00:54:36,825 --> 00:54:40,565
The purpose of the, of the unnecessary hardship,

1005
00:54:40,865 --> 00:54:44,445
it means owing to the special conditions of the property

1006
00:54:44,515 --> 00:54:48,085
that distinguish it from other properties in this area.

1007
00:54:49,425 --> 00:54:50,645
The special conditions

1008
00:54:50,825 --> 00:54:55,605
of this lot include there being no area available along

1009
00:54:56,145 --> 00:54:58,725
the southerly side of the home

1010
00:54:58,785 --> 00:55:02,445
to add the proposed structure, which is the opposite end of

1011
00:55:02,455 --> 00:55:05,885
where the garage addition is proposed.

1012
00:55:07,065 --> 00:55:09,885
In addition, there is the right of way.

1013
00:55:10,435 --> 00:55:13,165
There's a 20 foot wide drainage easement

1014
00:55:13,755 --> 00:55:17,525
extending the full length of the northerly sideline

1015
00:55:18,025 --> 00:55:19,765
inside the limits of the lot

1016
00:55:20,075 --> 00:55:22,365
that appear is shown on exhibit A.

1017
00:55:23,055 --> 00:55:27,365
There is also a stream that crosses through the right of way

1018
00:55:27,625 --> 00:55:30,885
to the lot directly on the opposite side of the right of way

1019
00:55:31,355 --> 00:55:35,085
that empties into a pond further down Frost Road.

1020
00:55:36,305 --> 00:55:40,805
The photos shown on exhibit D also show a very large

1021
00:55:41,115 --> 00:55:43,765
outcropping alleged located directly

1022
00:55:43,825 --> 00:55:48,285
behind the existing home where the well in a patio

1023
00:55:48,825 --> 00:55:50,125
are also located

1024
00:55:50,865 --> 00:55:54,805
before the topography drops down dramatically.

1025
00:55:55,655 --> 00:55:57,405
These existing improvements

1026
00:55:57,425 --> 00:56:02,005
and conditions preve prevent the garage a DU from BLE being

1027
00:56:02,005 --> 00:56:06,725
placed elsewhere behind the home.

1028
00:56:08,985 --> 00:56:12,485
No fair and substantial relationship exists

1029
00:56:12,675 --> 00:56:16,325
between the general public purpose of the ordinance,

1030
00:56:17,415 --> 00:56:19,365
which is the setback ordinance

1031
00:56:20,025 --> 00:56:24,005
and the specific application to that provision

1032
00:56:24,065 --> 00:56:25,085
to this property.

1033
00:56:26,505 --> 00:56:30,485
The proposed garage, a DU cannot be moved back further

1034
00:56:31,425 --> 00:56:34,405
due to the pool patio and ledge outcropping

1035
00:56:35,665 --> 00:56:39,045
and the proposed A DU cannot be placed on the other side

1036
00:56:39,045 --> 00:56:42,245
of the building because the existing home is too close

1037
00:56:42,265 --> 00:56:43,685
to the southerly boundary.

1038
00:56:45,145 --> 00:56:48,325
The purpose of a front setback is

1039
00:56:48,345 --> 00:56:52,005
to ensure there is adequate space between the structures

1040
00:56:52,625 --> 00:56:56,565
and vehicles traveling along a public way as applied

1041
00:56:56,565 --> 00:56:59,605
to the northerly sideline of the lot the right of way.

1042
00:56:59,725 --> 00:57:02,605
Platted 46 years ago has never been improved.

1043
00:57:03,385 --> 00:57:07,605
And upon closer examination of its physical characteristics

1044
00:57:08,305 --> 00:57:11,885
in consideration of the permitting that would be required

1045
00:57:11,985 --> 00:57:14,285
to improve the right of way, it is highly

1046
00:57:14,965 --> 00:57:16,245
unlikely it ever will be.

1047
00:57:18,025 --> 00:57:21,645
In addition, the relief being requested here is

1048
00:57:21,645 --> 00:57:24,245
approximately 10 feet.

1049
00:57:24,675 --> 00:57:27,405
It's actually nine feet, 11 inches in the front

1050
00:57:27,665 --> 00:57:29,605
and seven feet in the rear.

1051
00:57:29,915 --> 00:57:33,565
It's actually six and a half feet exceeding the distance

1052
00:57:34,125 --> 00:57:35,725
required by the side setback

1053
00:57:35,795 --> 00:57:40,485
otherwise required in the M-L-M-D-R zone.

1054
00:57:41,105 --> 00:57:44,805
If the side setback requirement were applied

1055
00:57:45,185 --> 00:57:47,445
to this particular lot, but

1056
00:57:47,445 --> 00:57:49,885
because it's a con lot, the front setback

1057
00:57:50,475 --> 00:57:51,805
applies on both sides.

1058
00:57:53,145 --> 00:57:55,805
The proposed use is reasonable.

1059
00:57:56,825 --> 00:58:00,565
It, the relief is seven feet and 10 feet for the front

1060
00:58:00,705 --> 00:58:04,925
and rear setbacks of the garage in the A DU.

1061
00:58:05,345 --> 00:58:09,045
And it's reasonable in light of the age of the right of way

1062
00:58:09,145 --> 00:58:12,685
and the likelihood it will remain on improved.

1063
00:58:20,395 --> 00:58:22,805
Looking at your plan, the site plan,

1064
00:58:22,865 --> 00:58:27,125
it looks like you have, I I thought

1065
00:58:27,125 --> 00:58:29,525
that was a parking area for multiple cars,

1066
00:58:29,625 --> 00:58:32,365
but I guess that's a, an existing leach field, correct?

1067
00:58:33,065 --> 00:58:34,525
Oh, front, yes. Okay. Alright.

1068
00:58:34,705 --> 00:58:38,405
Yes, that's the proposed leach field shows the two tanks

1069
00:58:38,635 --> 00:58:40,045
because of the A DU.

1070
00:58:40,195 --> 00:58:42,045
Yeah. The miniature size

1071
00:58:42,065 --> 00:58:45,245
of the plan makes it look like a parking area does.

1072
00:58:45,385 --> 00:58:47,365
It does. Alright. Yes. Mr.

1073
00:58:47,745 --> 00:58:50,765
Donlin, you'll sit on this with us please? Yes sir.

1074
00:58:51,115 --> 00:58:55,405
Alright, so I'll, I'll just step back for a second.

1075
00:58:55,405 --> 00:59:00,005
Anybody wish to address attorney Panco? Mr.

1076
00:59:00,155 --> 00:59:04,085
Dietzel? No. Thank you Mr. Chair. Mrs. Moore?

1077
00:59:05,065 --> 00:59:08,605
My, My only question was the same as yours.

1078
00:59:08,665 --> 00:59:09,685
The parking lot.

1079
00:59:09,995 --> 00:59:13,085
Okay. Mr. Tripp pretty big.

1080
00:59:13,685 --> 00:59:17,485
I have no questions Mr. Donlin? Not at this time, sir. Okay.

1081
00:59:18,445 --> 00:59:22,165
Care to give us any, any more clarity Ms. Panco?

1082
00:59:24,395 --> 00:59:25,395
It's up to you.

1083
00:59:27,075 --> 00:59:28,805
When we first looked at this and,

1084
00:59:28,825 --> 00:59:30,885
and I have spoken with Carrie about this,

1085
00:59:32,545 --> 00:59:34,725
she wondered if we needed the variance

1086
00:59:34,725 --> 00:59:36,365
because the plan originally

1087
00:59:36,385 --> 00:59:40,125
and from 1980 showed a 15 foot side setback.

1088
00:59:40,265 --> 00:59:41,965
Yep. Along the right of way.

1089
00:59:42,625 --> 00:59:44,565
But given the extent

1090
00:59:44,565 --> 00:59:48,205
of the investment my client is making into this particular

1091
00:59:48,315 --> 00:59:52,965
improvement to be cautious, we elected to come

1092
00:59:52,965 --> 00:59:56,245
before the board and ask for relief from a front setback

1093
00:59:56,665 --> 01:00:00,965
to ensure that there was no violation in the future.

1094
01:00:02,225 --> 01:00:05,325
The property is really substantially encumbered

1095
01:00:05,625 --> 01:00:07,445
as you can see from the site plan.

1096
01:00:07,865 --> 01:00:11,645
You've got the drainage easement that goes across the lot

1097
01:00:11,665 --> 01:00:15,285
and then down the side that goes out under Frost Road.

1098
01:00:15,745 --> 01:00:18,405
But there's also another drainage easement

1099
01:00:18,405 --> 01:00:20,805
that you can see on the old recorded plans

1100
01:00:21,315 --> 01:00:23,045
that actually crosses the lot

1101
01:00:23,225 --> 01:00:26,245
and continues to the east

1102
01:00:26,815 --> 01:00:31,245
where it across the other lots on that side of Frost Road

1103
01:00:31,625 --> 01:00:34,445
and empties into a detention basin.

1104
01:00:35,535 --> 01:00:39,085
There really is not a lot of area

1105
01:00:39,345 --> 01:00:44,205
or wiggle room for Mr. Rowe to work within

1106
01:00:44,465 --> 01:00:47,725
to accomplish this desire.

1107
01:00:48,505 --> 01:00:52,285
The, he is moving into the A DU himself with his daughter

1108
01:00:52,385 --> 01:00:54,045
who is disabled.

1109
01:00:54,045 --> 01:00:55,685
They're both here tonight with me

1110
01:00:56,385 --> 01:00:58,925
and they're his other daughter

1111
01:00:59,145 --> 01:01:03,685
and their family are moving into his home in the main house.

1112
01:01:04,985 --> 01:01:09,805
So this is really his only option to be able

1113
01:01:09,825 --> 01:01:13,685
to remain in place on the site

1114
01:01:13,985 --> 01:01:15,925
and have a separate living space.

1115
01:01:17,065 --> 01:01:21,685
The topography drop also, if you look on exhibit E,

1116
01:01:22,235 --> 01:01:25,205
it's E one or E two is really substantial.

1117
01:01:25,275 --> 01:01:28,205
When you go in, there are photographs of the right

1118
01:01:28,205 --> 01:01:32,085
of way from the road as you go in towards

1119
01:01:32,095 --> 01:01:34,285
where the stream crosses the right of way,

1120
01:01:34,285 --> 01:01:37,805
there's like a 20 foot drop in that area.

1121
01:01:38,265 --> 01:01:42,965
So the chances of that ever being improved are pretty slim.

1122
01:01:43,945 --> 01:01:47,845
The topography is shown on E two.

1123
01:01:49,305 --> 01:01:54,285
So the relief is also

1124
01:01:54,545 --> 01:01:56,885
fairly modest and well within

1125
01:01:56,995 --> 01:01:59,645
what it would've been if we had elected

1126
01:01:59,825 --> 01:02:01,885
to just follow the side setback.

1127
01:02:05,225 --> 01:02:07,445
And what was your argument

1128
01:02:08,185 --> 01:02:10,405
or point as to why the

1129
01:02:11,545 --> 01:02:13,845
new construction cannot slide back?

1130
01:02:13,945 --> 01:02:16,645
So it's flush with the front of the other of the main home?

1131
01:02:18,065 --> 01:02:19,925
I'm sorry, I didn't understand your question Mr.

1132
01:02:20,345 --> 01:02:24,685
Did you, did you specify why the A DU can't be

1133
01:02:25,115 --> 01:02:27,845
constructed so that it was flush with the front

1134
01:02:27,845 --> 01:02:31,725
of the existing pars house?

1135
01:02:32,345 --> 01:02:35,845
If we were to slide the structure for the back, Mr.

1136
01:02:36,245 --> 01:02:38,925
Chairman, we would still need relief from the ordinance

1137
01:02:39,785 --> 01:02:44,045
and directly behind where the A DU is proposed,

1138
01:02:44,075 --> 01:02:45,445
there's also a patio

1139
01:02:46,175 --> 01:02:49,565
where in the well radius we are moving closer to the well.

1140
01:02:49,745 --> 01:02:53,005
And there's a photograph also included as an exhibit

1141
01:02:53,005 --> 01:02:56,845
that shows a very, very large outcropping of ledge.

1142
01:02:57,155 --> 01:03:00,245
Okay. Alright. Yes, I believe that is.

1143
01:03:01,665 --> 01:03:04,485
Yes. So you see a restriction in the back to the ledge.

1144
01:03:04,945 --> 01:03:08,485
Yep. I didn't realize that there's a

1145
01:03:09,225 --> 01:03:13,805
radius protection from from the foundation

1146
01:03:13,945 --> 01:03:17,645
to a well, but I won't argue that point.

1147
01:03:18,045 --> 01:03:22,045
I just wanted to verify why the A DU couldn't be back.

1148
01:03:22,245 --> 01:03:23,845
I, I hear your argument.

1149
01:03:25,525 --> 01:03:28,005
I do think we would still need the same relief,

1150
01:03:28,465 --> 01:03:29,565
at least to some extent.

1151
01:03:29,805 --> 01:03:30,965
I don't have the measurements.

1152
01:03:31,715 --> 01:03:36,525
Okay. Here, well I know it's 75 feet to septic, right?

1153
01:03:36,665 --> 01:03:37,885
The well radius. Yes.

1154
01:03:39,425 --> 01:03:41,525
Yes. But pushing the A DU back,

1155
01:03:41,625 --> 01:03:43,845
we would still need the setbacks from the

1156
01:03:43,845 --> 01:03:44,965
right of way. Mr. Chairman

1157
01:03:45,305 --> 01:03:46,305
The side.

1158
01:03:46,305 --> 01:03:47,805
Yes, correct. No, I understand that. Okay.

1159
01:03:47,825 --> 01:03:49,525
I'm just kind of looking at why

1160
01:03:50,135 --> 01:03:52,085
we're looking at both sides there.

1161
01:03:54,645 --> 01:03:56,765
Alright, anybody else have any follow up?

1162
01:03:58,905 --> 01:03:59,965
Any no gestures there?

1163
01:04:00,265 --> 01:04:02,605
Mrs. Owen, you wish to give us your staff report?

1164
01:04:02,865 --> 01:04:04,005
Yes. Thank you Mr. Chair.

1165
01:04:04,905 --> 01:04:06,845
As the applicant stated requesting a variance

1166
01:04:06,845 --> 01:04:10,005
to allow the construction of a two car attached garage

1167
01:04:10,115 --> 01:04:11,285
with an A DU above

1168
01:04:12,105 --> 01:04:15,925
to 25.1 feet from the front property line, sorry,

1169
01:04:15,925 --> 01:04:16,925
from the side property line

1170
01:04:16,925 --> 01:04:19,645
where 35 feet could be required due

1171
01:04:19,645 --> 01:04:20,925
to the existing right of way.

1172
01:04:21,825 --> 01:04:24,925
The property is located in a low medium density residential

1173
01:04:25,245 --> 01:04:29,725
district, which requires a 35 foot side front yard setback

1174
01:04:29,725 --> 01:04:32,645
and a 15 foot side and rear yard setback.

1175
01:04:33,585 --> 01:04:37,525
The property abuts a 50 foot wide right of way established

1176
01:04:37,525 --> 01:04:40,005
as part of the original subdivision in 1980.

1177
01:04:40,105 --> 01:04:42,165
The lot has frontage along Frost Road

1178
01:04:42,425 --> 01:04:43,685
and approved Public Street

1179
01:04:44,025 --> 01:04:47,685
and the existing driveway access is also off of Frost Road

1180
01:04:48,295 --> 01:04:51,485
based on the property's existing orientation and access.

1181
01:04:51,985 --> 01:04:56,045
The property's frontage typically is considered a long frost

1182
01:04:56,075 --> 01:04:59,165
road and the property line adjacent to the right

1183
01:04:59,165 --> 01:05:02,325
of way functions as a side yard, which case,

1184
01:05:02,895 --> 01:05:06,405
which in case the applicable stepback would be 15 feet.

1185
01:05:07,165 --> 01:05:09,005
However, as the applicant stated

1186
01:05:09,155 --> 01:05:11,845
because of the right of way remains in existence

1187
01:05:11,865 --> 01:05:13,885
and could potentially be developed in the future,

1188
01:05:14,505 --> 01:05:16,045
the applicant is seeking a variance

1189
01:05:16,045 --> 01:05:17,645
to allow the proposed addition

1190
01:05:17,665 --> 01:05:21,045
to remain compliant regardless of any future changes

1191
01:05:21,505 --> 01:05:22,965
to the status of the right of way.

1192
01:05:24,465 --> 01:05:27,645
One other thing I'd like to mention is in accordance

1193
01:05:27,645 --> 01:05:30,325
with the revised zoning ordinance, which is effective as

1194
01:05:30,325 --> 01:05:33,725
of today, September 3rd, 2026, the definition

1195
01:05:33,725 --> 01:05:37,685
of frontage has also re revised to the following

1196
01:05:38,305 --> 01:05:42,765
the lot line which directly abuts the street side

1197
01:05:42,785 --> 01:05:45,805
of the lot except for, hold on,

1198
01:05:46,015 --> 01:05:47,405
sorry I didn't write the whole thing down.

1199
01:05:47,485 --> 01:05:49,725
I guess. Excuse me,

1200
01:06:08,285 --> 01:06:12,405
I have lost my note, but it, it essentially states that

1201
01:06:14,745 --> 01:06:16,925
the street side of the lot except for the lot,

1202
01:06:16,975 --> 01:06:19,965
which I wish I had my note.

1203
01:06:20,005 --> 01:06:20,445
I apologize.

1204
01:06:27,165 --> 01:06:28,515
Thank you for your patience.

1205
01:06:29,055 --> 01:06:32,555
So the new definition is as following the, the lot line

1206
01:06:33,085 --> 01:06:36,395
front, the lot line which directly abuts the street side

1207
01:06:36,395 --> 01:06:37,475
of the lot except

1208
01:06:37,475 --> 01:06:40,475
for the lots which have multiple lot lines which abut

1209
01:06:40,475 --> 01:06:43,715
streets, in which case the front lot line shall be deemed

1210
01:06:43,895 --> 01:06:47,835
to be that lot line abutting a street from which the address

1211
01:06:47,855 --> 01:06:51,315
is designated by the fire department is located.

1212
01:06:52,295 --> 01:06:55,035
So this has a 67 frost Road address.

1213
01:06:55,335 --> 01:06:57,995
And based on this new definition effective as of today,

1214
01:06:58,255 --> 01:07:00,715
the frontage is considered Frost Road as well.

1215
01:07:01,575 --> 01:07:03,675
Pretty clear cut on that. Aren't we pretty clear? Yeah.

1216
01:07:04,935 --> 01:07:08,275
But in this case we would have the application in

1217
01:07:08,355 --> 01:07:09,395
before the change, so

1218
01:07:09,705 --> 01:07:10,705
Correct.

1219
01:07:10,705 --> 01:07:12,235
Not applying. Okay. Very good.

1220
01:07:12,235 --> 01:07:14,115
Thanks for making the board aware of the change.

1221
01:07:14,615 --> 01:07:18,795
Any questions for code enforcement? Seeing nobody there?

1222
01:07:18,795 --> 01:07:21,235
Y'all set Ms. Don? Yeah. Okay. All right.

1223
01:07:21,235 --> 01:07:23,115
Well let's make a call to the public, Ms. Panco.

1224
01:07:23,125 --> 01:07:24,755
Let's see what happens. Okay. Okay.

1225
01:07:25,155 --> 01:07:28,115
Anybody who wishes to speak in favor of this application,

1226
01:07:28,115 --> 01:07:29,835
this would be your opportunity to come forward

1227
01:07:31,095 --> 01:07:35,195
and seeing nobody rise, anybody who is in opposition

1228
01:07:35,295 --> 01:07:36,355
of this application,

1229
01:07:36,385 --> 01:07:38,035
this would be your opportunity to come forward.

1230
01:07:38,185 --> 01:07:39,995
Okay? Come on up Ms.

1231
01:07:40,495 --> 01:07:42,515
Pco, if you could yield yep to the abutter

1232
01:07:42,535 --> 01:07:44,635
and you'll have a chance to rebut.

1233
01:07:49,775 --> 01:07:51,185
Good evening Mr. Chairman. Good

1234
01:07:51,185 --> 01:07:52,185
Evening.

1235
01:07:52,185 --> 01:07:56,905
I own the name the bar Jeff Thomas from 57.5 Frost Road.

1236
01:07:58,105 --> 01:08:01,825
I own that piece of land that's, that's in question

1237
01:08:01,825 --> 01:08:03,385
that looking for an easement fire.

1238
01:08:05,285 --> 01:08:07,305
My problem is I don't have a problem granting them

1239
01:08:07,305 --> 01:08:08,545
an easement on that property.

1240
01:08:08,605 --> 01:08:12,485
But if I decide to use that land

1241
01:08:12,485 --> 01:08:13,885
that we're planning a subdivision,

1242
01:08:14,015 --> 01:08:17,605
we're planning on bringing our drainage down crossroad

1243
01:08:17,785 --> 01:08:21,005
and continue into the existing right of way that I have.

1244
01:08:21,435 --> 01:08:24,965
Okay. And right now the town has drainage also going

1245
01:08:24,995 --> 01:08:26,005
into that right of way.

1246
01:08:26,705 --> 01:08:28,765
The problem is that floods out in the spring.

1247
01:08:28,985 --> 01:08:31,005
I'm just questioning that when they build that garage

1248
01:08:31,185 --> 01:08:33,845
so far close to the area that that's wet,

1249
01:08:34,475 --> 01:08:36,765
it's gonna be a significant more

1250
01:08:36,765 --> 01:08:39,125
of water going down there than before.

1251
01:08:40,205 --> 01:08:42,045
'cause it's supposed to increase that cul size.

1252
01:08:43,395 --> 01:08:45,885
What, what's your timeline plan on that?

1253
01:08:46,105 --> 01:08:48,165
Not that it's within this board's purview, but

1254
01:08:48,755 --> 01:08:49,755
Four or five months.

1255
01:08:50,355 --> 01:08:52,205
Okay. Is that before planning now?

1256
01:08:52,425 --> 01:08:54,125
No, we have in TRCA couple times.

1257
01:08:54,565 --> 01:08:55,085
I see. Okay.

1258
01:09:00,155 --> 01:09:03,475
I mean the relief here is that they're asking

1259
01:09:03,615 --> 01:09:06,075
for consideration because of that right Of away

1260
01:09:07,175 --> 01:09:08,915
and due to the space,

1261
01:09:12,475 --> 01:09:16,155
I guess you're giving fair notice that some kind of change

1262
01:09:16,335 --> 01:09:20,155
or in water flow and improvement will come along.

1263
01:09:20,745 --> 01:09:23,475
They're not technically asking for an easement,

1264
01:09:23,475 --> 01:09:28,075
they're asking for relief from that side setback.

1265
01:09:30,095 --> 01:09:33,835
And so I guess in this case you're giving them fair warning

1266
01:09:33,835 --> 01:09:38,075
that at some point, whatever the ground design is now that

1267
01:09:38,625 --> 01:09:40,915
that God left is going

1268
01:09:40,915 --> 01:09:42,835
to be altered or could be altered. Is that

1269
01:09:42,835 --> 01:09:43,835
Correct?

1270
01:09:43,835 --> 01:09:43,955
Could be, yeah. Exactly.

1271
01:09:44,295 --> 01:09:45,995
The thing is, is it,

1272
01:09:46,535 --> 01:09:49,195
it floods pretty much in the spring over there quite a bit

1273
01:09:49,255 --> 01:09:51,155
and then the, where they're putting

1274
01:09:51,155 --> 01:09:52,955
that garage set up is right where

1275
01:09:52,955 --> 01:09:56,355
that culvert enters from the street, the crossover culvert.

1276
01:09:57,095 --> 01:09:58,275
So are you suggesting

1277
01:09:58,275 --> 01:10:00,315
that they are interfering with the culvert?

1278
01:10:00,315 --> 01:10:02,235
Well, I just don't want to be at risk if I decide

1279
01:10:02,235 --> 01:10:04,795
to run my drainage down in the plant and drain in there

1280
01:10:04,815 --> 01:10:06,875
and all of a sudden we're creating more water flow.

1281
01:10:07,075 --> 01:10:09,395
'cause there is a drainage easement in there. Right.

1282
01:10:09,425 --> 01:10:11,635
That I don't want to be at risk of them coming back

1283
01:10:11,635 --> 01:10:13,235
and saying their garage is flooding now

1284
01:10:13,235 --> 01:10:15,075
because they created more water down there.

1285
01:10:16,535 --> 01:10:17,835
That's the only issue I have.

1286
01:10:17,865 --> 01:10:19,795
Yeah, I've never come across this one before.

1287
01:10:21,455 --> 01:10:24,595
But I, I understand your concern

1288
01:10:24,775 --> 01:10:26,955
and you are giving fair warning on this.

1289
01:10:30,875 --> 01:10:33,205
What is the, how much relief are they

1290
01:10:33,205 --> 01:10:34,325
looking for on this side?

1291
01:10:35,945 --> 01:10:37,845
10. 10 feet effectively. 10 feet.

1292
01:10:42,305 --> 01:10:45,365
And what is it, Ms. Owen, what is the distance between

1293
01:10:45,415 --> 01:10:50,085
where they're at here and in the edge of the right of way?

1294
01:10:51,635 --> 01:10:56,085
Currently? I, I don't mean to put you in a pinch.

1295
01:10:56,475 --> 01:10:59,245
What was the question? What is the current distance

1296
01:10:59,355 --> 01:11:00,445
between the,

1297
01:11:00,585 --> 01:11:03,925
and perhaps attorney Panco may have to answer this.

1298
01:11:04,725 --> 01:11:08,205
I just wanna get clarity before Mr. Thomas steps away.

1299
01:11:09,155 --> 01:11:12,525
What is the current distance between the existing

1300
01:11:14,125 --> 01:11:15,965
structure and the edge of the right of way?

1301
01:11:15,985 --> 01:11:16,985
Do you know that?

1302
01:11:17,925 --> 01:11:20,325
I can't. If I were to roughly scale, I I would

1303
01:11:20,885 --> 01:11:22,125
consider it around 60 feet.

1304
01:11:22,675 --> 01:11:24,605
16 66, 0

1305
01:11:24,825 --> 01:11:25,825
Oh got it.

1306
01:11:25,825 --> 01:11:27,525
Okay. From the existing residence to the property line. Yep.

1307
01:11:28,925 --> 01:11:32,955
I see. Okay. Yeah,

1308
01:11:32,955 --> 01:11:36,315
so understandably the easement that's there,

1309
01:11:37,695 --> 01:11:39,075
and I can't read the numbers,

1310
01:11:39,735 --> 01:11:43,315
but the easement that's there is pretty close

1311
01:11:43,575 --> 01:11:45,075
to the garage side.

1312
01:11:45,095 --> 01:11:46,595
What's the width on that easement?

1313
01:11:46,735 --> 01:11:48,355
Can you help me out with that Mrs. Owen?

1314
01:11:50,145 --> 01:11:55,035
Typically they're 20 feet. Again, roughly scaling.

1315
01:11:55,135 --> 01:11:56,235
It looks about 20 feet.

1316
01:11:56,545 --> 01:12:00,235
Okay. How much culvert you putting in you think?

1317
01:12:01,055 --> 01:12:02,275
What's that? Excuse me? How much

1318
01:12:02,435 --> 01:12:03,555
culvert do you think you'll put in?

1319
01:12:03,715 --> 01:12:06,515
I believe they're coming down with a 36 inch from

1320
01:12:06,725 --> 01:12:08,275
57 and a half down.

1321
01:12:08,585 --> 01:12:11,195
Just one. One, okay. Alright.

1322
01:12:12,535 --> 01:12:14,555
The board have any questions for Mr. Thomas?

1323
01:12:18,055 --> 01:12:19,665
This building looks like it's kind

1324
01:12:19,665 --> 01:12:21,985
of on a little crest on the lot

1325
01:12:22,685 --> 01:12:25,785
and there's like a four foot drop on the back

1326
01:12:26,405 --> 01:12:28,585
and it looks like there's gonna be like a four

1327
01:12:28,585 --> 01:12:30,425
foot drop on the side too. Is that correct?

1328
01:12:31,325 --> 01:12:33,625
You're have to run some drainage from the exit that

1329
01:12:34,305 --> 01:12:37,545
proposed new structure down the right of way into the area

1330
01:12:37,965 --> 01:12:39,305
to get to move some water away.

1331
01:12:39,305 --> 01:12:41,265
Say again please. What's that say

1332
01:12:41,265 --> 01:12:42,265
Again?

1333
01:12:42,265 --> 01:12:44,145
You're gonna, when they, if they build the garage there,

1334
01:12:44,365 --> 01:12:45,785
the only way to get rid of that water

1335
01:12:45,845 --> 01:12:48,145
that's on the right hand side of it would be

1336
01:12:48,165 --> 01:12:51,865
to run down my 50 foot easement

1337
01:12:52,045 --> 01:12:54,265
and then get the water away from that.

1338
01:12:54,435 --> 01:12:57,745
Their existing unit. It's gonna flood over there.

1339
01:13:00,435 --> 01:13:02,265
Could you see That's your drainage easement?

1340
01:13:03,005 --> 01:13:07,345
The town's drainage easement that crosses crossroad now

1341
01:13:08,405 --> 01:13:10,465
pretty much floods that area in the spring.

1342
01:13:10,525 --> 01:13:12,385
And now we're gonna be coming down the Yes

1343
01:13:12,385 --> 01:13:13,785
Sir microphone.

1344
01:13:14,105 --> 01:13:16,465
Could you speak into the mic? Sorry. That's alright.

1345
01:13:17,845 --> 01:13:20,025
The, the pipe that crosses crossroad,

1346
01:13:20,345 --> 01:13:23,665
I believe is a 16 inch crossover culvert

1347
01:13:23,705 --> 01:13:27,065
that's existing from the, when they first put Frost Road in.

1348
01:13:28,285 --> 01:13:30,625
And that cul goes in about 40 feet

1349
01:13:30,625 --> 01:13:32,585
and then drains pretty much right at the corner

1350
01:13:32,605 --> 01:13:35,225
of their foundation, their new proposed foundation.

1351
01:13:35,975 --> 01:13:37,505
It's either should be added on,

1352
01:13:37,565 --> 01:13:40,625
the culvert should keep continuing down towards the wetlands

1353
01:13:41,205 --> 01:13:43,905
to alleviate that water problem that's gonna be there.

1354
01:13:46,475 --> 01:13:50,285
Okay. So there's a, there's a, a pipe that goes

1355
01:13:51,875 --> 01:13:52,875
Yeah.

1356
01:13:52,875 --> 01:13:53,465
Yes. Yeah.

1357
01:13:55,025 --> 01:13:56,165
So you, you project

1358
01:13:56,165 --> 01:13:59,165
that you'll be running a three foot diameter drainage pipe

1359
01:13:59,275 --> 01:14:02,005
down along that right of way.

1360
01:14:02,145 --> 01:14:04,365
If we use that, that's what the plan was to come down.

1361
01:14:04,365 --> 01:14:06,885
If we couldn't filter the water at the top of Frost Road,

1362
01:14:06,885 --> 01:14:08,485
then we were gonna come down Frost Road

1363
01:14:08,485 --> 01:14:10,365
and run it into that easement that I own.

1364
01:14:12,595 --> 01:14:14,245
Okay. Well now you Own the easement.

1365
01:14:14,515 --> 01:14:16,045
Well, I own the whole 34 acres. Acres.

1366
01:14:16,045 --> 01:14:18,525
It's all one piece right now. It hasn't been subdivided yet.

1367
01:14:19,555 --> 01:14:20,765
It's just one house on it.

1368
01:14:23,545 --> 01:14:25,685
So at this point, by the way, what they're asking

1369
01:14:25,745 --> 01:14:28,245
for is relief on the side, setback

1370
01:14:29,675 --> 01:14:31,965
from the easement.

1371
01:14:32,905 --> 01:14:35,485
And with any consideration,

1372
01:14:35,665 --> 01:14:37,605
and I, I can't speak for the board,

1373
01:14:37,785 --> 01:14:39,805
but for any consideration

1374
01:14:40,445 --> 01:14:44,685
whenever someone is expanding into that setback, they do

1375
01:14:44,685 --> 01:14:46,125
so at their own risk.

1376
01:14:46,215 --> 01:14:48,045
Right? Yeah. Okay.

1377
01:14:48,045 --> 01:14:49,845
That's all I need. Thank you sir. Yep.

1378
01:14:53,345 --> 01:14:56,365
Did anybody else, Mr. Dietzel, were you all set there?

1379
01:14:56,625 --> 01:14:59,245
I'm all set, Mr. Chair. Thank you. Okay.

1380
01:14:59,435 --> 01:15:02,685
Anybody else in opposition seeing nobody there?

1381
01:15:03,725 --> 01:15:04,725
Attorney Panco,

1382
01:15:05,955 --> 01:15:08,045
Just to add a little bit of clarity

1383
01:15:09,345 --> 01:15:11,565
to the comments provided by

1384
01:15:13,145 --> 01:15:14,145
Mr. Thomas.

1385
01:15:14,145 --> 01:15:16,885
The butter, The striped area

1386
01:15:17,275 --> 01:15:21,525
that you see on Exhibit A is an underground pipe

1387
01:15:22,085 --> 01:15:23,885
and my client just explained

1388
01:15:23,885 --> 01:15:26,685
to me is a reinforced concrete pipe

1389
01:15:26,715 --> 01:15:31,045
that is buried underground on his property,

1390
01:15:31,185 --> 01:15:33,365
on his side of the boundary line there

1391
01:15:34,705 --> 01:15:38,165
and the 50 foot right away, I think

1392
01:15:38,165 --> 01:15:41,725
that Mr. Thomas had talked about running the three foot pipe

1393
01:15:41,725 --> 01:15:43,885
in is beyond that.

1394
01:15:44,825 --> 01:15:47,965
So of course they're gonna call Dick safe,

1395
01:15:48,195 --> 01:15:49,885
they'll check what's in the ground

1396
01:15:50,025 --> 01:15:52,925
before they put the corners of the foundation in

1397
01:15:53,325 --> 01:15:54,485
underneath the garage.

1398
01:15:55,545 --> 01:15:59,845
But it is setback relief as you've stated, Mr.

1399
01:16:00,245 --> 01:16:04,845
Chairman, the culvert also to which he referred is closer

1400
01:16:05,025 --> 01:16:07,165
to where, if you look at the plan

1401
01:16:08,905 --> 01:16:10,445
up near the shed

1402
01:16:10,885 --> 01:16:14,085
where the topography dips down quite dramatically

1403
01:16:14,945 --> 01:16:18,245
and my client is telling me he's never had any flooding

1404
01:16:18,245 --> 01:16:19,765
coming onto his property.

1405
01:16:20,265 --> 01:16:23,005
So I think there may be some confusion about

1406
01:16:23,005 --> 01:16:25,085
where the boundary line of the property is.

1407
01:16:25,085 --> 01:16:27,965
The 50 foot right of way is beyond the striped

1408
01:16:30,395 --> 01:16:31,885
underground easement.

1409
01:16:31,885 --> 01:16:34,325
Okay. That's shown on the plan. Got it. Okay.

1410
01:16:34,325 --> 01:16:36,605
Yeah, they, they probably wouldn't have put the,

1411
01:16:36,825 --> 01:16:39,525
the pipe in the right of way if they had a choice.

1412
01:16:40,385 --> 01:16:42,845
No. And I don't think there is any easement

1413
01:16:42,865 --> 01:16:45,845
for the benefit of the abutting property owner in the

1414
01:16:45,845 --> 01:16:49,285
striped area, but he does own the whole 50 foot width

1415
01:16:49,585 --> 01:16:50,605
of that right of way.

1416
01:16:51,065 --> 01:16:54,325
But we're in agreement the relief if this board

1417
01:16:54,785 --> 01:16:55,885
so chooses Yes.

1418
01:16:56,325 --> 01:17:00,365
Does not hold the abutter liable for anything. No.

1419
01:17:00,365 --> 01:17:02,925
That ex that your client is expanding

1420
01:17:02,925 --> 01:17:03,925
Into.

1421
01:17:03,925 --> 01:17:06,685
Absolutely not. And we understand it's at our own risk.

1422
01:17:06,945 --> 01:17:08,325
Got it. Okay. Okay. Very good.

1423
01:17:08,505 --> 01:17:10,645
Any other questions for attorney Panco?

1424
01:17:11,665 --> 01:17:14,765
No, everybody's all set. Okay. Okay. Thank you.

1425
01:17:15,285 --> 01:17:17,245
I think we're good there. You have nothing

1426
01:17:17,245 --> 01:17:18,645
else, attorney Panco?

1427
01:17:19,065 --> 01:17:20,805
No, I'm all set. Thank you. Very good.

1428
01:17:22,395 --> 01:17:25,805
Anybody care to, if we're all set on the board,

1429
01:17:25,865 --> 01:17:28,365
we can take a motion to go into deliberation.

1430
01:17:29,065 --> 01:17:32,285
So moved. Thank you Mr. Tripp. Mr. Donlan seconds.

1431
01:17:32,585 --> 01:17:35,365
All in favor say aye. Aye. Aye. Aye. Any opposed?

1432
01:17:37,865 --> 01:17:41,885
All right. So we have our motion structured

1433
01:17:42,225 --> 01:17:46,885
and if one condition on which is the typical

1434
01:17:47,055 --> 01:17:48,285
state and town permits

1435
01:17:48,285 --> 01:17:50,045
and inspections, I don't know if any

1436
01:17:50,045 --> 01:17:51,845
of the testimony alarms, any

1437
01:17:51,845 --> 01:17:56,045
of the board members in a way other than what was narrated

1438
01:17:56,265 --> 01:17:58,445
by myself and attorney Panco.

1439
01:17:59,755 --> 01:18:03,125
Does anybody have any other conditions they would wish

1440
01:18:03,125 --> 01:18:08,005
to add to this or commentary to the approval period?

1441
01:18:08,745 --> 01:18:11,685
Mr. Dietzel? No. Thank you. Okay. Mr. Tripp?

1442
01:18:12,025 --> 01:18:14,525
No. Mrs. Morin,

1443
01:18:15,265 --> 01:18:20,125
My only thing is making a decision on a tentative thing

1444
01:18:20,125 --> 01:18:22,285
that's not there even started.

1445
01:18:23,125 --> 01:18:26,525
I doesn't, I understand we have to consider it,

1446
01:18:26,525 --> 01:18:28,285
but it doesn't hold much weight.

1447
01:18:29,105 --> 01:18:32,085
And that is the future expansion

1448
01:18:32,145 --> 01:18:34,605
or development with drainage?

1449
01:18:34,635 --> 01:18:37,925
Correct. Okay. Yeah, I think we understand that

1450
01:18:38,435 --> 01:18:40,925
it's been expressed that the, the,

1451
01:18:41,465 --> 01:18:45,405
if the board grants the relief the applicant does so

1452
01:18:45,985 --> 01:18:48,165
at their own risk,

1453
01:18:50,865 --> 01:18:52,525
no argument there, I suspect.

1454
01:18:53,065 --> 01:18:54,245
And Mr. Donlin

1455
01:18:56,265 --> 01:18:58,645
To the case in general or specific to the motion

1456
01:18:59,705 --> 01:19:03,605
To either, if you like the case or don't or,

1457
01:19:03,905 --> 01:19:05,325
and the motion itself.

1458
01:19:06,625 --> 01:19:10,485
I'm okay with the motion just to speak

1459
01:19:10,485 --> 01:19:12,285
to the case a little bit.

1460
01:19:12,385 --> 01:19:16,685
The, with the relief being for what would be considered

1461
01:19:17,225 --> 01:19:19,405
for all intents and purposes, a side setback,

1462
01:19:19,405 --> 01:19:24,365
which would be 15 in reality, certainly in light of

1463
01:19:24,635 --> 01:19:25,805
what changed today.

1464
01:19:26,565 --> 01:19:31,295
'cause they obviously could just resubmit even if

1465
01:19:31,805 --> 01:19:33,015
like that not what's standing,

1466
01:19:33,365 --> 01:19:35,215
they're not in the drainage easement

1467
01:19:36,195 --> 01:19:38,095
in the 50 foot right away

1468
01:19:40,235 --> 01:19:41,775
is 25 feet away.

1469
01:19:42,335 --> 01:19:44,655
I don't, I don't see a problem with, with this at all.

1470
01:19:44,965 --> 01:19:47,535
Okay. And you're okay

1471
01:19:47,535 --> 01:19:49,575
with the one condition on the motion?

1472
01:19:50,155 --> 01:19:53,575
Yes, sir. All right. Very good. All right.

1473
01:19:54,175 --> 01:19:57,735
I, I don't see or need issue with this

1474
01:19:58,325 --> 01:20:01,535
understanding that there's a lot of expansive room here

1475
01:20:01,875 --> 01:20:05,255
and the the right of way

1476
01:20:05,985 --> 01:20:10,845
holds conditions to the, to the parcel in question

1477
01:20:11,995 --> 01:20:16,125
that are, do offer some restrictions.

1478
01:20:16,305 --> 01:20:19,885
So that being said, that's my commentary.

1479
01:20:20,265 --> 01:20:22,485
I'm fine with the one condition on the motion.

1480
01:20:23,525 --> 01:20:25,285
That being said will take a motion.

1481
01:20:25,355 --> 01:20:28,165
Come outta deliberation please. So move. Thank you Mr.

1482
01:20:28,175 --> 01:20:30,285
Tripp. Ms. Donald, you wanna help out? Second.

1483
01:20:30,415 --> 01:20:32,365
Thank you sir. And all in favor

1484
01:20:32,365 --> 01:20:33,725
of coming out of deliberation?

1485
01:20:33,865 --> 01:20:35,765
Say aye. Aye. Aye. Opposed?

1486
01:20:38,025 --> 01:20:41,845
Mrs. Morin. Ms. Morin, thank you.

1487
01:20:42,225 --> 01:20:43,365
You have a motion to read?

1488
01:20:43,805 --> 01:20:48,645
I do. Thank you. I make a motion on case number 26

1489
01:20:48,955 --> 01:20:52,965
dash 1 26 to grant a variance to the terms

1490
01:20:53,305 --> 01:20:55,525
of Article three, section

1491
01:20:56,425 --> 01:20:59,605
1 65 dash 25 A

1492
01:21:00,305 --> 01:21:01,965
and article six,

1493
01:21:02,235 --> 01:21:06,885
section 1 65 dash four seven B four

1494
01:21:07,465 --> 01:21:10,205
of the town of dairy zoning ordinance

1495
01:21:10,385 --> 01:21:14,085
to allow the construction of a two car

1496
01:21:14,805 --> 01:21:18,165
attached garage with an A DU

1497
01:21:18,655 --> 01:21:23,165
above 25.1 feet from the front property line

1498
01:21:23,175 --> 01:21:27,085
where 35 feet is required due to the right

1499
01:21:27,105 --> 01:21:29,005
of way parcel ID

1500
01:21:29,675 --> 01:21:33,685
0 2 1 4 9 dash 0 1 4

1501
01:21:34,415 --> 01:21:38,565
zoned LHDR as presented with the following conditions.

1502
01:21:38,905 --> 01:21:41,445
We have one, one subject

1503
01:21:41,585 --> 01:21:44,885
to obtaining Allstate in town permits and inspections.

1504
01:21:45,025 --> 01:21:47,965
And that concludes the reading of a motion. I need a second.

1505
01:21:48,385 --> 01:21:49,385
Second

1506
01:21:53,035 --> 01:21:54,085
Motions on the floor.

1507
01:21:55,275 --> 01:21:58,525
Anybody have any comments? Seeing none.

1508
01:21:59,955 --> 01:22:04,565
Finding of fact Case number 26 dash 1 26.

1509
01:22:10,355 --> 01:22:11,355
Hang on a second.

1510
01:22:13,045 --> 01:22:15,365
I gotta check this number here afterwards.

1511
01:22:15,995 --> 01:22:18,405
Okay, 20.

1512
01:22:19,455 --> 01:22:21,005
Sorry for the interruption there.

1513
01:22:22,155 --> 01:22:25,485
Case number 26 dash 1 26.

1514
01:22:26,105 --> 01:22:30,405
The application is for side and front setbacks.

1515
01:22:31,265 --> 01:22:33,845
Relief from an easement on the right of way.

1516
01:22:35,665 --> 01:22:39,765
The setback is, has been increased from,

1517
01:22:42,165 --> 01:22:45,765
I had to write this on the fly was the setback from 15

1518
01:22:45,825 --> 01:22:48,405
to 35 feet, is that correct?

1519
01:22:48,405 --> 01:22:49,485
Correct. Yeah. Okay.

1520
01:22:50,245 --> 01:22:54,485
The application is in the low medium density residential

1521
01:22:54,595 --> 01:22:58,325
zone and the application is for a garage

1522
01:22:58,595 --> 01:23:00,525
with an A DU above.

1523
01:23:05,815 --> 01:23:09,845
Let's go through the five criteria as we have an abutter

1524
01:23:09,845 --> 01:23:11,685
that has spoken on this matter.

1525
01:23:14,225 --> 01:23:16,325
How does the board find the depictions

1526
01:23:16,345 --> 01:23:19,485
of the applicant, Mr.

1527
01:23:19,835 --> 01:23:23,565
Dietzel to public rec? Public interest. How do you find,

1528
01:23:26,245 --> 01:23:29,245
I think attorney TCO addresses very well.

1529
01:23:29,405 --> 01:23:33,045
I think it is not contrary to the public interest in that

1530
01:23:35,345 --> 01:23:38,845
it, it is not highly visible from the street

1531
01:23:38,905 --> 01:23:40,805
and it doesn't change the character of

1532
01:23:40,805 --> 01:23:41,925
that, the neighborhood.

1533
01:23:42,605 --> 01:23:44,205
I think that criterion is met

1534
01:23:44,475 --> 01:23:45,475
Very good.

1535
01:23:45,625 --> 01:23:49,285
Mr. Tripp, anything on public interest?

1536
01:23:50,265 --> 01:23:51,805
No. Okay.

1537
01:23:52,585 --> 01:23:54,245
Mrs. Moore, any conflicts with,

1538
01:23:54,305 --> 01:23:56,165
or how do you feel on finding a fact

1539
01:23:56,265 --> 01:23:57,645
for the public interest?

1540
01:23:57,925 --> 01:23:58,925
I agree with,

1541
01:24:00,685 --> 01:24:02,005
I agree with Mr. Dietzel.

1542
01:24:02,195 --> 01:24:05,725
Very good. Mr. Donlin, any comment on the public interest?

1543
01:24:06,805 --> 01:24:07,925
I agree. Nothing to add.

1544
01:24:08,315 --> 01:24:11,405
Okay. The chair will say that I, I see no conflict

1545
01:24:11,405 --> 01:24:13,285
with the public interest in this matter.

1546
01:24:14,385 --> 01:24:19,085
The area is quite expansive, so plenty

1547
01:24:19,345 --> 01:24:20,725
of space there.

1548
01:24:21,455 --> 01:24:23,525
Spear the ordinance. Mr. Dietzel

1549
01:24:23,995 --> 01:24:25,205
Similar response.

1550
01:24:26,065 --> 01:24:29,205
She pointed out that the ordinance is written to make sure

1551
01:24:29,205 --> 01:24:30,765
that there's adequate spacing and,

1552
01:24:30,825 --> 01:24:34,085
and certainly that's observed second criteria incident.

1553
01:24:34,435 --> 01:24:35,885
Very good. Mr. Trip,

1554
01:24:38,965 --> 01:24:40,225
Say again please, Mr.

1555
01:24:40,295 --> 01:24:42,865
Trip to the spirit of the ordinance. Any conflict there?

1556
01:24:43,305 --> 01:24:45,225
I did not see any conflict with the spirit of the

1557
01:24:45,225 --> 01:24:46,225
Ordinance.

1558
01:24:46,225 --> 01:24:48,545
Very good. Mr. Morn? Mr. Morn. I'm sorry.

1559
01:24:48,855 --> 01:24:51,225
It's, I also don't see any conflict.

1560
01:24:51,645 --> 01:24:54,585
All right, Mr. Donlin, anything to spear of the ordinance?

1561
01:24:55,505 --> 01:24:58,305
I don't see a conflict, Mr. Chair. I have nothing to add.

1562
01:24:58,645 --> 01:25:00,985
All right. And the chair will add that the spear

1563
01:25:00,985 --> 01:25:04,945
of the ordinances is as no conflict as, again, once again,

1564
01:25:05,015 --> 01:25:07,705
it's a fairly rural area

1565
01:25:08,565 --> 01:25:10,025
and pretty wide open.

1566
01:25:10,895 --> 01:25:14,305
Substantial justice. Mr. Dietzel cares lead on that.

1567
01:25:15,105 --> 01:25:16,505
I see no harm to the public

1568
01:25:16,645 --> 01:25:20,345
and certainly there is a benefit to the, to the applicant.

1569
01:25:20,465 --> 01:25:22,265
I believe substantial justice is met.

1570
01:25:22,495 --> 01:25:24,305
Very good. Thank you. Mr. Tripp.

1571
01:25:24,585 --> 01:25:27,345
Speaking to substantial justice. You think this is fair?

1572
01:25:28,415 --> 01:25:32,105
Well, the, since the right

1573
01:25:32,245 --> 01:25:36,785
and since the variance requested is a, a setback

1574
01:25:36,965 --> 01:25:38,905
to the right away.

1575
01:25:40,515 --> 01:25:43,825
Right now it's 35 feet, I believe.

1576
01:25:44,605 --> 01:25:47,625
And the typical setback is 15.

1577
01:25:49,725 --> 01:25:51,825
The only time that the right away

1578
01:25:52,595 --> 01:25:55,265
would come into effect would be if the road was

1579
01:25:55,265 --> 01:25:57,985
ever put there.

1580
01:25:58,365 --> 01:26:02,945
So I see no, no issue with

1581
01:26:03,005 --> 01:26:04,005
Substantial justice.

1582
01:26:04,385 --> 01:26:07,605
Mrs. Mor. I agree. Chair. All right, Mr. Donlin.

1583
01:26:07,805 --> 01:26:11,165
I also agree Mr. Chair, I think the chair will say

1584
01:26:11,165 --> 01:26:15,685
that substantial justice is served here as the,

1585
01:26:16,505 --> 01:26:20,845
the encroachment into the setbacks is minimal

1586
01:26:21,945 --> 01:26:23,085
and does not,

1587
01:26:23,995 --> 01:26:28,805
does not disturb the prior two conditions of five criteria

1588
01:26:29,505 --> 01:26:31,405
values of surrounding properties.

1589
01:26:31,625 --> 01:26:33,845
Are they diminished Mr. Dietzel?

1590
01:26:34,225 --> 01:26:39,165
No. Very good. Mr. Trip? No. Mrs. Morin?

1591
01:26:39,345 --> 01:26:43,005
No. Mr. Donlin? No.

1592
01:26:44,505 --> 01:26:46,005
I'm going faster than I can write.

1593
01:26:46,585 --> 01:26:50,445
You know how I struggle with names. I would concur.

1594
01:26:51,885 --> 01:26:55,485
Literal, literal enforcement creates unnecessary hardship.

1595
01:26:57,785 --> 01:26:59,565
Mr. Dietzel care to speak to that.

1596
01:26:59,995 --> 01:27:02,165
Well, I believe that the, the proposal in

1597
01:27:02,165 --> 01:27:04,805
and of itself is reasonable

1598
01:27:05,025 --> 01:27:07,365
and I think due to the topography

1599
01:27:07,465 --> 01:27:10,805
and the, the other various com

1600
01:27:11,665 --> 01:27:13,165
characteristics of the property

1601
01:27:13,165 --> 01:27:15,965
that were spelled out in the application make

1602
01:27:16,955 --> 01:27:18,725
conformance nearly impossible.

1603
01:27:18,785 --> 01:27:21,285
And, and so I believe the hardship criterion is met.

1604
01:27:21,585 --> 01:27:26,285
Mr. Trip, you concur? I concur. Mrs. Morin chair.

1605
01:27:26,365 --> 01:27:28,245
I Concur. Mr. Donlin?

1606
01:27:28,925 --> 01:27:33,245
I concur. Thank you. And the chair will concur as well.

1607
01:27:33,515 --> 01:27:35,205
Well spoken Mr. Dietzel.

1608
01:27:36,665 --> 01:27:39,525
And can the property be used in strict conformance

1609
01:27:39,525 --> 01:27:40,605
with the ordinance?

1610
01:27:43,355 --> 01:27:46,765
That was optional. So we will leave that off. Okay.

1611
01:27:48,155 --> 01:27:51,765
Finding a fact has been read All in favor of moving this

1612
01:27:51,765 --> 01:27:52,885
for a vote, say aye.

1613
01:27:53,345 --> 01:27:57,965
Aye. And the opposed Mr. Trip? Yes. Mr. Donlin?

1614
01:27:58,145 --> 01:28:02,885
Yes. Mrs. Morin? Yes. And Mr. Dietzel?

1615
01:28:03,265 --> 01:28:03,485
Yes.

1616
01:28:08,065 --> 01:28:12,085
And Chair make a unanimous as well by a

1617
01:28:12,875 --> 01:28:14,005
vote of five to zero.

1618
01:28:14,105 --> 01:28:15,485
Congratulations Ms.

1619
01:28:16,015 --> 01:28:18,485
Panco, you and your client are proof

1620
01:28:19,065 --> 01:28:21,805
and you have anybody agreed by this says 30 days

1621
01:28:23,235 --> 01:28:25,005
task this board for reconsideration,

1622
01:28:25,235 --> 01:28:27,285
otherwise recourse will be superior court.

1623
01:28:28,025 --> 01:28:31,005
So have a good night.

1624
01:28:33,825 --> 01:28:38,405
Oh Jesus. Alright, Mrs. Owen.

1625
01:28:39,145 --> 01:28:42,765
No. Who's Owen? Yeah. Ms. Owen. Did I say that one?

1626
01:28:44,105 --> 01:28:48,165
Our next case reads as case number 26 dash 1 28,

1627
01:28:48,265 --> 01:28:50,445
but the prior case was 1 2 6.

1628
01:28:51,185 --> 01:28:52,325
Do we need to amend that?

1629
01:28:53,025 --> 01:28:55,085
We can amend that, yes. We had a case dropout.

1630
01:28:55,705 --> 01:28:59,565
Oh we did. We determined through zoning verification

1631
01:28:59,565 --> 01:29:01,405
that a variance was no longer needed

1632
01:29:01,455 --> 01:29:04,165
after a site survey was performed by an engineer

1633
01:29:04,465 --> 01:29:07,645
and revised the frontage for that property.

1634
01:29:07,795 --> 01:29:09,445
Alright, Mrs.

1635
01:29:09,515 --> 01:29:12,485
Gilford, would you note that we're going to

1636
01:29:14,295 --> 01:29:18,165
alter case number 1 28 to 1 27 and

1637
01:29:18,165 --> 01:29:21,445
likewise, case number 1 29 will be

1638
01:29:21,785 --> 01:29:23,925
1 28.

1639
01:29:24,985 --> 01:29:28,925
And as our usual clerk, you'll appreciate our keeping

1640
01:29:29,195 --> 01:29:30,325
that straightened out

1641
01:29:30,325 --> 01:29:31,845
because next year when we have

1642
01:29:31,845 --> 01:29:34,085
to do our audit, it'll mess us up.

1643
01:29:34,755 --> 01:29:35,045
Okay.

1644
01:29:40,665 --> 01:29:45,105
All right. Case number 26 dash

1645
01:29:45,245 --> 01:29:48,065
1 27 Revive Recovery Resource Center.

1646
01:29:48,545 --> 01:29:51,785
Jessica Carter with Devaro Trust.

1647
01:30:00,565 --> 01:30:01,375
Good evening folks.

1648
01:30:01,885 --> 01:30:04,015
Evening Mr. Chair. Respective board members

1649
01:30:05,925 --> 01:30:07,295
Care to introduce yourselves?

1650
01:30:07,475 --> 01:30:09,535
Yes. For the record, my name is Nick Harris.

1651
01:30:09,875 --> 01:30:11,255
I'm attorney at she and Finney.

1652
01:30:11,515 --> 01:30:15,415
And joining me is Jessica Carter, CEO of Revive Recovery.

1653
01:30:16,995 --> 01:30:19,855
She and Finney? Correct. Okay. Mr.

1654
01:30:20,235 --> 01:30:22,615
Donlin, would you sit on this one please? Yes sir. Mr.

1655
01:30:22,735 --> 01:30:25,655
O Bial, I'll have you on the last, okay, Mr. Chair.

1656
01:30:25,765 --> 01:30:27,455
Alright, please proceed.

1657
01:30:27,455 --> 01:30:29,575
We ask that you read the five criteria for the record

1658
01:30:29,675 --> 01:30:32,495
and then we'll barrage you with questions if we'll just see

1659
01:30:32,495 --> 01:30:33,535
where it goes from there.

1660
01:30:34,915 --> 01:30:36,935
So criteria number one, Mr. Chair.

1661
01:30:37,355 --> 01:30:40,055
The variance will not be contrary to the public interest

1662
01:30:40,845 --> 01:30:43,535
because of the court, excuse me,

1663
01:30:44,355 --> 01:30:46,895
not got turned around here.

1664
01:30:46,955 --> 01:30:48,335
The, the variance will not be contrary

1665
01:30:48,335 --> 01:30:52,015
to the public interest because for two reasons,

1666
01:30:52,535 --> 01:30:55,175
the essential character of the neighborhood is preserved.

1667
01:30:55,955 --> 01:30:59,415
The property is and will remain a residential structure.

1668
01:31:00,225 --> 01:31:03,255
While revived recovery will under undertake repairs

1669
01:31:03,275 --> 01:31:05,335
and improvements to the residential structure,

1670
01:31:05,895 --> 01:31:08,575
the structure will retain its outward residential character.

1671
01:31:08,795 --> 01:31:13,735
IT appearance. The proposed residential use is consistent

1672
01:31:13,735 --> 01:31:16,535
with the residential and mixed commercial residential

1673
01:31:16,535 --> 01:31:18,255
character of downtown dairy.

1674
01:31:19,235 --> 01:31:21,855
And given the modest scale 10 beds

1675
01:31:22,115 --> 01:31:25,175
and the fact that residents will rely primarily on public

1676
01:31:25,175 --> 01:31:28,575
transportation, bicycles, ride shares services,

1677
01:31:28,985 --> 01:31:32,495
there will be no meaningful increase in vehicular traffic

1678
01:31:33,395 --> 01:31:35,215
and residents will not be permitted to have

1679
01:31:35,775 --> 01:31:37,335
vehicles at the residence.

1680
01:31:38,335 --> 01:31:40,455
Secondly, the public health safety

1681
01:31:40,555 --> 01:31:43,015
and welfare are advanced and not threatened.

1682
01:31:43,395 --> 01:31:45,975
The residents will operate as a structured,

1683
01:31:46,285 --> 01:31:50,295
well supervised living environment with on, with, excuse me,

1684
01:31:50,295 --> 01:31:52,215
with onsite house management staff

1685
01:31:52,555 --> 01:31:55,815
and resident policies governing curfews,

1686
01:31:55,885 --> 01:31:58,575
community engagement and property upkeep.

1687
01:31:59,465 --> 01:32:01,445
The project directly addresses an acute

1688
01:32:01,445 --> 01:32:03,325
and well-documented unmet need

1689
01:32:03,335 --> 01:32:07,245
where there is presently no publicly funded recovery housing

1690
01:32:08,105 --> 01:32:12,085
for people in dairy and individuals in recovery must

1691
01:32:12,325 --> 01:32:14,485
frequently leave the community to access housing

1692
01:32:15,345 --> 01:32:16,645
and New Hampshire continues

1693
01:32:16,645 --> 01:32:20,245
to confront severe housing shortages and high substance use.

1694
01:32:21,745 --> 01:32:25,285
The second criteria, the spirit of ordinance is observed

1695
01:32:25,845 --> 01:32:27,485
because the GC district,

1696
01:32:27,505 --> 01:32:29,885
the general commercial district purposes are

1697
01:32:30,085 --> 01:32:31,285
advanced, not frustrated.

1698
01:32:31,905 --> 01:32:34,685
The GC district is intended to accommodate a range

1699
01:32:34,685 --> 01:32:36,005
of commercial service

1700
01:32:36,305 --> 01:32:39,845
and related uses in addition to multi-family dwellings.

1701
01:32:40,005 --> 01:32:41,685
Permanented via conditional use permit

1702
01:32:42,245 --> 01:32:45,005
a group residence whose occupants will live within walking

1703
01:32:45,365 --> 01:32:47,445
distance of and will patronize

1704
01:32:47,445 --> 01:32:50,805
and seek employment at nearby commercial establishments is

1705
01:32:50,805 --> 01:32:52,605
fully consistent and complimentary

1706
01:32:52,665 --> 01:32:54,925
to the parent uses in the GC district.

1707
01:32:55,825 --> 01:33:00,085
No district permits, excuse me, no district in dairy

1708
01:33:01,115 --> 01:33:03,085
permits group residences as is

1709
01:33:03,315 --> 01:33:06,485
because a group residence is not a permitted use in

1710
01:33:06,485 --> 01:33:07,725
any district within the town.

1711
01:33:07,905 --> 01:33:09,725
And the spirit of the ordinance is best observed

1712
01:33:09,725 --> 01:33:12,645
by permitting this neither residential use in the district

1713
01:33:12,645 --> 01:33:14,405
that is most appropriate for it,

1714
01:33:14,575 --> 01:33:16,805
which we argue is the GC district

1715
01:33:17,605 --> 01:33:20,685
granting the variance advances rather than undermines the

1716
01:33:20,685 --> 01:33:23,245
general aware of welfare objectives

1717
01:33:23,245 --> 01:33:24,405
underlying the ordinance.

1718
01:33:25,585 --> 01:33:26,605
The third criteria,

1719
01:33:26,915 --> 01:33:30,245
substantial justice is done for two reasons.

1720
01:33:30,595 --> 01:33:33,805
Because one denial causes enormous harm

1721
01:33:33,835 --> 01:33:35,885
with no countervailing public gain

1722
01:33:36,585 --> 01:33:39,325
denial would result in significant loss not only

1723
01:33:39,345 --> 01:33:42,085
to my client revive, which has secured site control,

1724
01:33:42,175 --> 01:33:44,005
taken substantial pre-developed planning

1725
01:33:44,345 --> 01:33:45,685
and committed funds to this project,

1726
01:33:46,105 --> 01:33:49,845
but also to the intended residents of this place whose need

1727
01:33:50,025 --> 01:33:53,405
for stable recovery oriented housing is particularly acute

1728
01:33:53,405 --> 01:33:56,485
in light of the ongoing housing shortage and opioid

1729
01:33:56,585 --> 01:33:58,605
and substance use crisis I mentioned earlier

1730
01:33:59,265 --> 01:34:00,685
the proposed use is consistent

1731
01:34:00,685 --> 01:34:02,845
with the present residential use of the property,

1732
01:34:03,015 --> 01:34:05,245
which is an existing single family dwelling.

1733
01:34:06,325 --> 01:34:09,365
Secondly, there's no gain to the public from a denial

1734
01:34:09,915 --> 01:34:11,685
denying this variance would do a disservice

1735
01:34:11,685 --> 01:34:14,605
to the general public by needlessly frustrating a charitable

1736
01:34:14,605 --> 01:34:15,805
initiative addressing one

1737
01:34:15,805 --> 01:34:17,445
of the communities' pressing needs.

1738
01:34:18,945 --> 01:34:21,285
The fourth criteria values

1739
01:34:21,305 --> 01:34:22,845
of surrounding properties will not be

1740
01:34:23,045 --> 01:34:24,685
diminished for several reasons.

1741
01:34:25,625 --> 01:34:28,725
One, there's no evidence of an adverse impact.

1742
01:34:29,545 --> 01:34:31,845
The proposed residential use is consistent

1743
01:34:31,875 --> 01:34:33,325
with the largely residential

1744
01:34:33,705 --> 01:34:35,685
and mixed commercial residential character

1745
01:34:35,685 --> 01:34:38,805
of the surrounding area and will not fundamentally alter the

1746
01:34:38,805 --> 01:34:40,885
appearance or character of the neighborhood.

1747
01:34:42,005 --> 01:34:44,525
Secondly, this residence will be well managed

1748
01:34:44,625 --> 01:34:45,765
and well supervised.

1749
01:34:46,825 --> 01:34:48,565
The residents will have onsite staff,

1750
01:34:48,685 --> 01:34:50,285
professional property maintenance

1751
01:34:50,345 --> 01:34:52,765
and resident policies designed to ensure the property

1752
01:34:53,025 --> 01:34:54,685
and landscaping remain well kept

1753
01:34:54,685 --> 01:34:56,645
and visually consistent with the surrounding community.

1754
01:34:57,905 --> 01:34:59,485
In fact, improvements will actually

1755
01:34:59,485 --> 01:35:00,685
enhance the property values.

1756
01:35:01,265 --> 01:35:03,525
Revive intends to reha rehabilitate

1757
01:35:03,705 --> 01:35:05,285
and repair the existing structure

1758
01:35:05,385 --> 01:35:06,645
and make significant exterior

1759
01:35:06,665 --> 01:35:07,685
and interior improvements

1760
01:35:07,995 --> 01:35:10,285
that will preserve the property's character while proving

1761
01:35:10,345 --> 01:35:13,525
its aesthetic appeal and longevity potentially enhancing the

1762
01:35:13,525 --> 01:35:14,685
overall appeal of the neighborhood.

1763
01:35:16,145 --> 01:35:17,325
The last criteria, Mr.

1764
01:35:17,375 --> 01:35:20,165
Chair, literal enforcement would result in

1765
01:35:20,165 --> 01:35:21,245
unnecessary hardship.

1766
01:35:22,405 --> 01:35:24,445
Under this fifth criteria, the applicant must show

1767
01:35:24,445 --> 01:35:26,485
that owing to special conditions of the property

1768
01:35:26,595 --> 01:35:29,085
that distinguish it from other properties in the area, such

1769
01:35:29,085 --> 01:35:31,085
as no fair and substantial relationship exists

1770
01:35:31,155 --> 01:35:33,605
between the general public purposes of the ordinance

1771
01:35:33,985 --> 01:35:35,285
and the specific application

1772
01:35:35,285 --> 01:35:36,525
of the provision to the property.

1773
01:35:37,025 --> 01:35:40,845
And two, the proposed use is a reasonable one, speaking

1774
01:35:40,845 --> 01:35:42,405
to the special conditions of the property.

1775
01:35:42,405 --> 01:35:45,765
First the property is an existing appropriately sized single

1776
01:35:45,765 --> 01:35:49,245
family dwelling, supplemented by detached garage well suited

1777
01:35:49,245 --> 01:35:51,925
to adaptive reuse as community programming

1778
01:35:51,925 --> 01:35:54,205
and support space for recovery residents.

1779
01:35:54,865 --> 01:35:57,165
The property is developed as a residential site,

1780
01:35:57,385 --> 01:36:00,285
but is located in downtown dairy in a highly walkable

1781
01:36:00,285 --> 01:36:02,925
setting, providing ready access to employment, healthcare,

1782
01:36:02,985 --> 01:36:04,325
retail, and other such services

1783
01:36:04,345 --> 01:36:06,325
for the residents characteristics

1784
01:36:06,325 --> 01:36:09,125
that make it especially well suited to the proposed use

1785
01:36:09,385 --> 01:36:11,685
and that reduce transportation related barriers

1786
01:36:11,785 --> 01:36:13,285
for residents in early recovery.

1787
01:36:14,445 --> 01:36:15,765
Additionally, the residents' proximity

1788
01:36:15,825 --> 01:36:18,205
to Dairy Friendship Center is important as well.

1789
01:36:20,185 --> 01:36:22,125
In terms of no fair and substantial relationship,

1790
01:36:22,425 --> 01:36:24,565
the use restrictions of the GC district are tending

1791
01:36:24,565 --> 01:36:27,605
to promote an orderly mix of commercial and related uses.

1792
01:36:28,545 --> 01:36:32,165
The proposed use advances does not frustrate those purposes.

1793
01:36:32,785 --> 01:36:35,725
The residents will be well supervised, excuse me,

1794
01:36:35,725 --> 01:36:37,845
the residents will be well supervised residential use

1795
01:36:37,975 --> 01:36:39,765
where whose occupants will support

1796
01:36:39,825 --> 01:36:42,365
and integrate with surrounding commercial establishments

1797
01:36:42,475 --> 01:36:43,845
involving adaptive reuse

1798
01:36:43,845 --> 01:36:46,445
of existing residential structure rather than any

1799
01:36:46,445 --> 01:36:48,765
intensification of a redevelopment.

1800
01:36:50,425 --> 01:36:52,765
Lastly, the proposed use is a reasonable one.

1801
01:36:53,145 --> 01:36:55,565
The property, again is their existing residential structure

1802
01:36:56,105 --> 01:36:57,405
and is well situated

1803
01:36:57,425 --> 01:37:00,645
for the proposed 10 bed recovery residence.

1804
01:37:01,745 --> 01:37:03,085
The garage is well sued

1805
01:37:03,085 --> 01:37:05,925
to convert into complimentary community and support space

1806
01:37:06,185 --> 01:37:08,765
and again, its proximity to their,

1807
01:37:09,185 --> 01:37:11,205
the Dairy Friendship Center will be beneficial

1808
01:37:11,225 --> 01:37:12,605
for the residents that go there.

1809
01:37:14,705 --> 01:37:15,705
And I'll stop there.

1810
01:37:16,835 --> 01:37:20,485
Okay. Care, give a separate narrative

1811
01:37:20,505 --> 01:37:25,085
or anything that parallels your testimony.

1812
01:37:26,645 --> 01:37:27,845
Freehand, either of you,

1813
01:37:28,745 --> 01:37:29,565
May I? Yeah,

1814
01:37:29,565 --> 01:37:30,565
Sure.

1815
01:37:30,755 --> 01:37:33,245
Good evening, Mr. Chair. Members of the zoning board.

1816
01:37:33,705 --> 01:37:34,925
My name's Jessica Carter

1817
01:37:34,945 --> 01:37:37,725
and I'm actually the executive director, not quite CEO

1818
01:37:37,785 --> 01:37:39,205
yet, but hopefully in the future.

1819
01:37:41,265 --> 01:37:44,365
REVIVE is requesting a variance to establish a 10 bed,

1820
01:37:44,565 --> 01:37:48,725
a DA accessible level three men's recovery residence at 32.

1821
01:37:48,725 --> 01:37:52,525
Crystal Ave. REVIVE is a New Hampshire based nonprofit

1822
01:37:53,125 --> 01:37:54,525
recovery community organization.

1823
01:37:55,185 --> 01:37:58,325
We provide peer recovery support, harm reduction services,

1824
01:37:59,085 --> 01:38:01,485
criminal justice recovery navigation, youth

1825
01:38:01,485 --> 01:38:02,605
and family programming,

1826
01:38:02,625 --> 01:38:05,245
and other community-based services for individuals

1827
01:38:05,245 --> 01:38:07,765
and families affected by substance use disorder.

1828
01:38:08,825 --> 01:38:12,285
We are not a new organization entering dairy without local

1829
01:38:12,285 --> 01:38:14,045
relationships or experience.

1830
01:38:14,625 --> 01:38:18,565
REVIVE already operates recovery services at in dairy at

1831
01:38:18,565 --> 01:38:20,845
through our partnership at the Dairy Friendship Center.

1832
01:38:21,555 --> 01:38:24,005
This residence would be a natural extension

1833
01:38:24,005 --> 01:38:26,405
of the work we are already doing in this community.

1834
01:38:27,135 --> 01:38:30,605
There is currently no recovery residents in dairy in no

1835
01:38:31,085 --> 01:38:34,405
publicly funded recovery residents in Rockingham County et

1836
01:38:34,405 --> 01:38:37,645
all This project would fill a significant gap

1837
01:38:37,985 --> 01:38:39,245
by allowing individuals

1838
01:38:39,245 --> 01:38:42,125
to access structured recovery housing while remaining

1839
01:38:42,125 --> 01:38:45,325
connected to their families, employment treatment providers

1840
01:38:45,385 --> 01:38:46,925
and community-based support systems.

1841
01:38:47,825 --> 01:38:49,045
The property at 32,

1842
01:38:49,045 --> 01:38:53,125
crystal Ave is an existing single family built in 1905

1843
01:38:53,665 --> 01:38:56,285
in the Dairies General Commercial District.

1844
01:38:56,745 --> 01:38:58,485
We are not proposing new development

1845
01:38:58,625 --> 01:39:00,605
or a large institutional facility.

1846
01:39:00,825 --> 01:39:04,205
We are proposing to rehabilitate an existing residential

1847
01:39:04,565 --> 01:39:06,565
property while preserving its residential

1848
01:39:06,565 --> 01:39:07,885
appearance and character.

1849
01:39:08,555 --> 01:39:10,485
Also doing something about that shrubbery.

1850
01:39:11,825 --> 01:39:14,365
The property is particularly well suited for this purpose

1851
01:39:14,365 --> 01:39:16,245
because of its downtown location.

1852
01:39:17,365 --> 01:39:20,085
Residents will be within walking distance of employment,

1853
01:39:20,085 --> 01:39:22,565
healthcare stores, community services,

1854
01:39:23,145 --> 01:39:25,725
and revives existing recovery support network.

1855
01:39:25,785 --> 01:39:27,045
At the Dairy Friendship Center,

1856
01:39:28,065 --> 01:39:29,925
the proposed use is classified

1857
01:39:29,925 --> 01:39:33,685
as group residence under dairy zoning ordinance group

1858
01:39:33,775 --> 01:39:36,725
residences are not currently permitted in the general

1859
01:39:36,725 --> 01:39:37,765
commercial district,

1860
01:39:37,865 --> 01:39:40,805
or importantly any zoning district in Derry.

1861
01:39:41,395 --> 01:39:43,685
This leaves us no location within the town

1862
01:39:43,695 --> 01:39:46,725
where it would be needed or reasonable to use

1863
01:39:46,985 --> 01:39:48,725
and be established without a variance.

1864
01:39:50,365 --> 01:39:53,925
I would like to briefly address the five criteria the board

1865
01:39:53,925 --> 01:39:55,285
must consider first.

1866
01:39:55,355 --> 01:39:57,005
Well, I'm gonna hold you up.

1867
01:39:57,125 --> 01:39:59,845
I I don't need that repetitive testimony.

1868
01:39:59,955 --> 01:40:01,005
It's already been read once.

1869
01:40:01,155 --> 01:40:02,525
Okay. No that's fine. Thank you.

1870
01:40:04,675 --> 01:40:07,405
Well the home will only accommodate three, sorry,

1871
01:40:07,585 --> 01:40:10,645
10 residents and we'll have onsite staff,

1872
01:40:10,645 --> 01:40:12,845
24 7 people.

1873
01:40:13,175 --> 01:40:14,685
Staff will be living on site

1874
01:40:14,705 --> 01:40:16,325
and there will be additional staff there.

1875
01:40:16,325 --> 01:40:19,685
During daytime hours, we'll have structured policies.

1876
01:40:19,715 --> 01:40:21,805
Good neighbor, we already have a good neighbor.

1877
01:40:21,805 --> 01:40:23,365
Policy governing.

1878
01:40:24,065 --> 01:40:25,925
We will be governing recovery status,

1879
01:40:26,475 --> 01:40:30,805
curfews conduct community participation and property upkeep.

1880
01:40:31,155 --> 01:40:33,965
They will not be, our residents will not be permitted

1881
01:40:33,965 --> 01:40:35,205
to keep vehicles on site.

1882
01:40:35,945 --> 01:40:38,445
So we do not anticipate meaningful increase in parking

1883
01:40:38,475 --> 01:40:39,685
demands or traffic.

1884
01:40:40,665 --> 01:40:43,725
We, this residence will not threaten public health,

1885
01:40:43,825 --> 01:40:44,965
safety or welfare.

1886
01:40:45,225 --> 01:40:46,325
It will advance them.

1887
01:40:46,965 --> 01:40:49,685
Stable structured housing gives people in recovery the

1888
01:40:49,685 --> 01:40:52,205
accountability and support they need to become healthier,

1889
01:40:52,645 --> 01:40:54,565
maintain employment, rebuild relationships,

1890
01:40:54,705 --> 01:40:56,965
and participate positively in their communities.

1891
01:40:59,985 --> 01:41:03,325
And I'm just gonna skip through all this then.

1892
01:41:04,675 --> 01:41:07,165
This property we found super special

1893
01:41:07,465 --> 01:41:09,165
and some of the characteristics

1894
01:41:09,165 --> 01:41:12,845
that make it particularly appropriate for its proposed use.

1895
01:41:13,755 --> 01:41:17,125
It's an existing residential property of a suitable size

1896
01:41:17,315 --> 01:41:19,965
with additional structures that may support programming,

1897
01:41:20,035 --> 01:41:21,845
programming and community space.

1898
01:41:22,385 --> 01:41:25,445
It is also located in a highly walkable downtown area,

1899
01:41:25,595 --> 01:41:28,085
near employment, healthcare, retail, transportation,

1900
01:41:28,785 --> 01:41:30,885
and what we're already doing downtown.

1901
01:41:31,825 --> 01:41:33,685
And because dairy

1902
01:41:34,355 --> 01:41:37,445
does not permit group residences in any zoning district,

1903
01:41:37,545 --> 01:41:41,205
strict enforcement would effectively prevent revive from

1904
01:41:41,205 --> 01:41:44,365
establishing this type of need in

1905
01:41:44,425 --> 01:41:46,045
or housing anywhere in the town.

1906
01:41:46,185 --> 01:41:48,085
So we were respectfully believe that

1907
01:41:49,145 --> 01:41:51,765
an outcome would create unnecessary hardship

1908
01:41:51,785 --> 01:41:54,125
and would not serve the community's broader interest.

1909
01:41:54,545 --> 01:41:55,765
And we just wanna reiterate

1910
01:41:55,765 --> 01:41:57,805
that recovery doesn't happen in isolation.

1911
01:41:57,985 --> 01:42:01,245
It requires safe housing accountability, peer support,

1912
01:42:01,535 --> 01:42:03,205
meaningful community connections,

1913
01:42:03,305 --> 01:42:05,125
and access to employment and services.

1914
01:42:05,715 --> 01:42:08,125
This project represents responsible growth

1915
01:42:08,185 --> 01:42:10,005
by an established nonprofit org

1916
01:42:10,345 --> 01:42:13,725
and we have identified a documented gap, selected a property

1917
01:42:13,725 --> 01:42:15,205
that's well suited to meet the need

1918
01:42:15,205 --> 01:42:17,045
and developed a plan for a structured

1919
01:42:17,045 --> 01:42:19,285
and professionally operated residence that will

1920
01:42:20,085 --> 01:42:22,805
compliment the recovery services already here in Derry.

1921
01:42:23,305 --> 01:42:25,885
So this decision is about the use of one property,

1922
01:42:25,945 --> 01:42:26,965
but it's an impact.

1923
01:42:27,505 --> 01:42:29,125
Its impact will reach much further.

1924
01:42:29,945 --> 01:42:31,525
It is an opportunity for dairy

1925
01:42:31,585 --> 01:42:34,165
to strengthen its local recovery infrastructure

1926
01:42:34,225 --> 01:42:36,565
and for Rockingham County to gain a level

1927
01:42:36,585 --> 01:42:39,565
of structured recovery housing it does not currently have.

1928
01:42:40,105 --> 01:42:42,965
We respectfully ask the board to approve revive recovery

1929
01:42:43,485 --> 01:42:45,285
resource centers' variance application

1930
01:42:45,385 --> 01:42:47,565
and allow this important project to move forward.

1931
01:42:47,935 --> 01:42:49,685
Thank you for your time and consideration.

1932
01:42:49,825 --> 01:42:51,725
I'm happy, happy to answer any questions.

1933
01:42:52,465 --> 01:42:55,645
How is this different than the Granite Sober living?

1934
01:42:56,305 --> 01:42:58,685
So Granite Sober Living does not exist

1935
01:42:58,745 --> 01:42:59,885
in this area anymore.

1936
01:42:59,955 --> 01:43:01,445
They took that property

1937
01:43:01,505 --> 01:43:03,245
and turned it into a treatment center.

1938
01:43:03,465 --> 01:43:06,685
So we're much different. We provide peer support.

1939
01:43:07,665 --> 01:43:10,925
We won't be, you know, billing insurances for all,

1940
01:43:11,065 --> 01:43:12,565
you know, clinical codes.

1941
01:43:13,035 --> 01:43:15,045
It's all peer support people

1942
01:43:15,045 --> 01:43:16,405
that are in recovery just trying

1943
01:43:16,405 --> 01:43:19,085
to help other people in recovery maintain

1944
01:43:19,155 --> 01:43:20,245
what it looks like for them.

1945
01:43:20,945 --> 01:43:23,725
So you said it was a treatment center?

1946
01:43:24,225 --> 01:43:26,045
It, so the Granite House,

1947
01:43:26,055 --> 01:43:29,885
which was originally recovery housing back in like 2016

1948
01:43:29,885 --> 01:43:31,325
through maybe 2019

1949
01:43:31,425 --> 01:43:33,445
and then they converted into a treatment center.

1950
01:43:33,505 --> 01:43:35,245
So they used that same building. Right.

1951
01:43:35,245 --> 01:43:36,525
So my question to you is,

1952
01:43:36,665 --> 01:43:38,605
you said it was a treatment center.

1953
01:43:39,585 --> 01:43:41,565
So would you define the difference between,

1954
01:43:41,665 --> 01:43:42,765
what's the definition

1955
01:43:42,765 --> 01:43:45,125
of a treatment center versus what you're doing?

1956
01:43:45,505 --> 01:43:47,605
So what we're doing is nonclinical,

1957
01:43:47,605 --> 01:43:48,605
It's generic for me by the Way.

1958
01:43:48,605 --> 01:43:50,925
Yes, that's okay. Happy to, happy to explain it.

1959
01:43:51,105 --> 01:43:52,525
But we're nonclinical

1960
01:43:52,705 --> 01:43:55,805
and we're not going to be offering clinical support

1961
01:43:56,025 --> 01:43:59,845
or it's not like a residential treatment center.

1962
01:44:00,105 --> 01:44:03,845
It will be people can come on their own free will choose

1963
01:44:03,865 --> 01:44:07,325
to partake into a recovery plan that we help them establish.

1964
01:44:08,425 --> 01:44:11,605
And it's not necessarily something that's going to be forced

1965
01:44:11,705 --> 01:44:13,165
or prescribed onto them.

1966
01:44:13,945 --> 01:44:16,085
You know, like a lot of times people end up in treatment

1967
01:44:16,085 --> 01:44:17,965
centers 'cause they're being told they need to go there.

1968
01:44:19,705 --> 01:44:23,045
And we are working more with the folks

1969
01:44:23,045 --> 01:44:24,525
that are coming on their own accord

1970
01:44:24,525 --> 01:44:27,965
and looking to develop a recovery plan that works for them.

1971
01:44:29,425 --> 01:44:33,125
And the position of that, you've given a lot

1972
01:44:33,125 --> 01:44:34,285
of information Correct.

1973
01:44:34,545 --> 01:44:37,725
And I just want to sort through some of it for myself.

1974
01:44:38,465 --> 01:44:40,205
The idea that,

1975
01:44:40,205 --> 01:44:43,565
or the argument that it's in appropriate for a general

1976
01:44:44,415 --> 01:44:47,965
commercial district is kind of what I'm going,

1977
01:44:48,435 --> 01:44:50,125
what I'm looking at right now.

1978
01:44:51,015 --> 01:44:55,765
Basic zoning objectives is spoken under the

1979
01:44:57,885 --> 01:45:00,525
contrary to the public interests criteria.

1980
01:45:01,665 --> 01:45:04,685
And what are I, I'm curious as to

1981
01:45:04,685 --> 01:45:07,525
how you see the basic zoning objectives

1982
01:45:07,625 --> 01:45:11,365
and this a little more clarification there to

1983
01:45:11,365 --> 01:45:12,525
how this meets that.

1984
01:45:13,475 --> 01:45:16,645
Sure. Yeah. So we think the essential character

1985
01:45:16,645 --> 01:45:17,965
of the neighborhood is preserved.

1986
01:45:18,365 --> 01:45:21,725
This is a single family, it was a single family residence

1987
01:45:22,905 --> 01:45:25,045
to our knowledge it was rented out,

1988
01:45:25,185 --> 01:45:27,965
the previous owner rented it to tenants.

1989
01:45:29,025 --> 01:45:32,845
You know, we're not turning this into a,

1990
01:45:33,245 --> 01:45:34,605
a development or anything.

1991
01:45:34,605 --> 01:45:38,445
This is gonna be, you know, more residents in the,

1992
01:45:38,625 --> 01:45:43,325
in the building, but we're not gonna change the exterior

1993
01:45:43,665 --> 01:45:48,205
or enhance the exterior and do renovations on the interior.

1994
01:45:49,545 --> 01:45:53,125
And so we feel that it fits within, you know,

1995
01:45:53,125 --> 01:45:54,525
the general commercial district

1996
01:45:55,195 --> 01:45:59,805
because, you know, it's, it's a modest renovation

1997
01:46:00,065 --> 01:46:04,085
and there's not gonna be an increase in vehicle traffic

1998
01:46:04,185 --> 01:46:06,685
or anything like that that's gonna stay the same as it is

1999
01:46:07,745 --> 01:46:12,045
The supervisory phrase that this is really supervisory.

2000
01:46:13,305 --> 01:46:17,045
It takes us to the question of how do you monitor

2001
01:46:18,225 --> 01:46:22,885
and keep that supervisory role in check.

2002
01:46:22,995 --> 01:46:26,525
That becomes one of the primary arguments

2003
01:46:26,525 --> 01:46:27,525
that you're presenting.

2004
01:46:28,725 --> 01:46:32,845
I think to, in contrast to these are individuals

2005
01:46:32,845 --> 01:46:34,925
that could support commercial activity

2006
01:46:35,465 --> 01:46:38,325
in within a close proximity.

2007
01:46:38,825 --> 01:46:43,005
The, the supervisory role, you know, kind of is,

2008
01:46:43,665 --> 01:46:47,405
is suggested in that aspect I think. Can you define that?

2009
01:46:48,145 --> 01:46:50,925
So is your question what, what steps in terms

2010
01:46:50,925 --> 01:46:52,805
of supervisory role is revive gonna play?

2011
01:46:52,995 --> 01:46:53,995
Yeah,

2012
01:46:54,345 --> 01:46:56,325
So our plan is to have three staff

2013
01:46:57,365 --> 01:46:58,445
involved in the housing project.

2014
01:46:58,825 --> 01:47:01,445
Two, there will be at least two present at all times,

2015
01:47:01,665 --> 01:47:03,925
but during daytime hours there will be up to three.

2016
01:47:04,875 --> 01:47:09,765
Okay. And what kind of constraint do you have in

2017
01:47:09,765 --> 01:47:11,485
that supervisory role?

2018
01:47:12,745 --> 01:47:16,765
And I say constraint, I guess, I guess control in that,

2019
01:47:16,905 --> 01:47:20,045
in in with those individuals. How does that work?

2020
01:47:20,945 --> 01:47:22,445
The individuals that are living in the house

2021
01:47:22,505 --> 01:47:24,925
or will be monitored by the, our peer leaders

2022
01:47:25,785 --> 01:47:26,845
who will be well trained

2023
01:47:27,825 --> 01:47:29,205
and in the process

2024
01:47:29,305 --> 01:47:31,645
of getting their certified recovery support worker

2025
01:47:32,365 --> 01:47:34,725
certification through the board of licensing.

2026
01:47:35,785 --> 01:47:39,045
We do have staff also that are located at the center,

2027
01:47:39,045 --> 01:47:42,245
which is about a half a mile down the road that can be

2028
01:47:42,305 --> 01:47:45,005
of assistance should anything be needed.

2029
01:47:46,265 --> 01:47:47,925
We have members of our leadership here

2030
01:47:47,955 --> 01:47:50,085
that are all on the emergency contact list

2031
01:47:50,105 --> 01:47:52,405
for the fire department and they're all willing

2032
01:47:52,425 --> 01:47:53,805
and able to come in crisis

2033
01:47:54,505 --> 01:47:57,365
or if there's anything needed at the house at any hour.

2034
01:47:58,945 --> 01:48:02,605
We have board members that live in the area that are also on

2035
01:48:02,605 --> 01:48:04,285
that emergency contact list.

2036
01:48:04,305 --> 01:48:06,085
And we have like a whole protocol for

2037
01:48:06,395 --> 01:48:08,045
what happens if this happens

2038
01:48:08,265 --> 01:48:09,885
and what happens if that happens.

2039
01:48:10,305 --> 01:48:13,365
And we have this whole handbook for our certification.

2040
01:48:13,425 --> 01:48:15,445
We are already provisionally certified

2041
01:48:15,445 --> 01:48:16,885
through the New Hampshire Partnership

2042
01:48:16,905 --> 01:48:20,005
for Recovery residences for our first housing project,

2043
01:48:20,135 --> 01:48:21,365
which is unrelated to this.

2044
01:48:21,625 --> 01:48:24,405
But those same policies will carry over to this project

2045
01:48:24,945 --> 01:48:27,245
and we do anticipate provisional certification

2046
01:48:28,165 --> 01:48:29,245
probably before we even open.

2047
01:48:29,595 --> 01:48:32,085
Okay. I'll yield for now to other members of the board.

2048
01:48:32,505 --> 01:48:34,325
Mr. Any Mr. Trip,

2049
01:48:36,275 --> 01:48:38,605
What exactly are you asking for here?

2050
01:48:39,805 --> 01:48:42,125
Variance on the ordinance

2051
01:48:42,515 --> 01:48:46,085
that does not allow congregate housing in the entire town.

2052
01:48:46,505 --> 01:48:48,245
So this is a use variance? Yes.

2053
01:48:48,305 --> 01:48:51,045
Use variance, correct. For group residence.

2054
01:48:51,345 --> 01:48:53,685
What's, what ordinance number is that?

2055
01:48:55,705 --> 01:48:59,165
So it's section 1 65 dash three.

2056
01:49:01,715 --> 01:49:02,845
What page is that on?

2057
01:49:21,505 --> 01:49:23,725
It looks like there was an error in the motion.

2058
01:49:26,265 --> 01:49:29,005
Are you talking about 1 65 32?

2059
01:49:29,755 --> 01:49:31,725
Yeah, it looks like there's a typo so it is,

2060
01:49:31,725 --> 01:49:34,725
it should be 1 65 dash 32 capital

2061
01:49:35,245 --> 01:49:37,205
A for the use.

2062
01:49:37,945 --> 01:49:42,765
32 1. Sorry. What is the board looking at right now?

2063
01:49:44,265 --> 01:49:48,165
We are looking at the accurate definition of the section

2064
01:49:48,665 --> 01:49:53,005
of infra or relief that you're looking for on the motion.

2065
01:49:53,195 --> 01:49:56,005
It's structured as 1 65 31 A

2066
01:49:56,105 --> 01:49:58,005
but it's actually appears to be

2067
01:49:58,585 --> 01:50:01,245
1 65 32 A Mrs. Owen,

2068
01:50:01,665 --> 01:50:05,925
32 1 Point capital A

2069
01:50:06,345 --> 01:50:07,345
To Clarify.

2070
01:50:07,345 --> 01:50:11,845
Okay. 32 1 capital A. So we missed a one in there.

2071
01:50:12,945 --> 01:50:15,325
We missed a two. A Two, yeah. A two. I'm sorry.

2072
01:50:15,715 --> 01:50:18,045
Yeah, we put the one in the wrong

2073
01:50:18,285 --> 01:50:19,285
Position.

2074
01:50:19,285 --> 01:50:20,085
It's hard to prove something when you don't

2075
01:50:20,085 --> 01:50:21,205
know what you're approving.

2076
01:50:22,565 --> 01:50:26,765
I get that. Mr. Trip. Anything else?

2077
01:50:28,265 --> 01:50:31,805
Not right now. Okay. Mr.

2078
01:50:32,105 --> 01:50:32,525
Donlin,

2079
01:50:37,505 --> 01:50:38,445
I'm gonna see where this goes.

2080
01:50:38,955 --> 01:50:43,125
Okay, Mr. Dietzel? No thank you Mr. Chair.

2081
01:50:43,125 --> 01:50:44,845
Alright Mrs. Moore,

2082
01:50:45,205 --> 01:50:46,205
I have a question.

2083
01:50:46,625 --> 01:50:49,925
So with substance use, usually there's mental health,

2084
01:50:50,115 --> 01:50:52,245
there's often dual diagnosis

2085
01:50:52,665 --> 01:50:55,565
and also, you know, they have, you know,

2086
01:50:55,605 --> 01:50:57,005
a past criminal past.

2087
01:50:57,105 --> 01:51:01,605
Is there any level that you won't allow, like crime wise?

2088
01:51:02,765 --> 01:51:05,805
Yeah, so our policies now for our,

2089
01:51:06,635 --> 01:51:11,285
it's called the Hive Recovery residences is, you know,

2090
01:51:11,345 --> 01:51:15,365
any violent crimes, any sex crimes, arson.

2091
01:51:17,345 --> 01:51:19,685
And there was one of their, they're

2092
01:51:21,785 --> 01:51:24,445
Are these personal injury type of

2093
01:51:24,985 --> 01:51:26,565
crimes. I see. Yes. Yep.

2094
01:51:26,715 --> 01:51:28,805
Yeah, because it's super close to a school.

2095
01:51:28,825 --> 01:51:31,405
But you already mentioned the one with my concern.

2096
01:51:31,965 --> 01:51:33,725
Yeah, I think the other one was like domestic violence,

2097
01:51:33,825 --> 01:51:36,125
but that kind of goes along with violence, so. Okay,

2098
01:51:36,575 --> 01:51:37,575
Thank you.

2099
01:51:37,575 --> 01:51:38,245
I appreciate it.

2100
01:51:42,145 --> 01:51:46,875
Anybody else? Mr. Henry? I'm all set. Okay. Mr. Emba,

2101
01:51:48,335 --> 01:51:51,315
You said there's 10 beds, so that's 10

2102
01:51:51,985 --> 01:51:53,635
individuals you'll be taking care of

2103
01:51:53,915 --> 01:51:55,035
with two permanent staff.

2104
01:51:55,135 --> 01:51:59,115
So that's a ratio of two to five, two staff or five members.

2105
01:51:59,695 --> 01:52:03,195
So if the two of those staff are included in the 10.

2106
01:52:03,545 --> 01:52:05,995
Okay, so two and four. Two to four.

2107
01:52:07,455 --> 01:52:09,795
And how many beds does this property have?

2108
01:52:09,895 --> 01:52:10,895
How many bedrooms?

2109
01:52:12,295 --> 01:52:17,035
One, two. It's technically a three bedroom house,

2110
01:52:17,395 --> 01:52:20,155
but some of the rooms on the first floor are the ones we're

2111
01:52:20,155 --> 01:52:22,395
gonna be converting into a DA accessible.

2112
01:52:22,865 --> 01:52:25,715
Okay. Okay.

2113
01:52:26,075 --> 01:52:29,835
What is it, what is defined under the a DA in this req in

2114
01:52:29,835 --> 01:52:31,995
this sense?

2115
01:52:34,415 --> 01:52:36,555
Is it two beds per room or something like that?

2116
01:52:36,695 --> 01:52:40,235
Two beds per Room. Okay. Alright. Mrs. Moore,

2117
01:52:41,975 --> 01:52:45,565
I'm assuming people are going to question the

2118
01:52:45,565 --> 01:52:46,685
outside of the building.

2119
01:52:46,865 --> 01:52:50,965
Are you gonna have a sign, is it gonna be like noticeable

2120
01:52:51,145 --> 01:52:54,205
or is it just going to look like the house is as now

2121
01:52:54,675 --> 01:52:57,405
It's gonna look a little, a little better version

2122
01:52:57,465 --> 01:52:58,605
of what the house looks like.

2123
01:52:58,605 --> 01:53:00,925
Right now we don't intend on having a sign

2124
01:53:01,185 --> 01:53:05,125
and our plan for our first housing project was just so

2125
01:53:05,125 --> 01:53:06,565
where the, the housing,

2126
01:53:06,705 --> 01:53:08,405
our housing projects are called the Hive.

2127
01:53:08,405 --> 01:53:11,005
So we were gonna have a bumblebee shaped mailbox

2128
01:53:11,265 --> 01:53:12,605
and that was the only way that you could

2129
01:53:12,605 --> 01:53:14,565
really identify who we are.

2130
01:53:15,465 --> 01:53:18,445
We, you know, intend on trying to keep our, you know,

2131
01:53:18,445 --> 01:53:22,205
privacy, protect the privacy of the people living there

2132
01:53:22,505 --> 01:53:24,805
as much as the community around us.

2133
01:53:25,495 --> 01:53:29,325
Thank you. Anybody else? Mr.

2134
01:53:29,325 --> 01:53:30,725
Dietzel? You all set? All set,

2135
01:53:30,725 --> 01:53:31,205
Mr. Chair.

2136
01:53:31,205 --> 01:53:32,365
Thank you. Alright, your folks have

2137
01:53:32,525 --> 01:53:33,565
anything else you wanna share with us?

2138
01:53:34,625 --> 01:53:38,885
No. Thank you Mr. Chair. Alright, Ms. Chair,

2139
01:53:38,885 --> 01:53:39,885
One point of clarification.

2140
01:53:40,145 --> 01:53:42,125
In our application we submitted

2141
01:53:42,945 --> 01:53:47,725
in the deed it was pending sale with the Devaro trust.

2142
01:53:48,025 --> 01:53:50,725
We have since that's been conveyed to Revive recovery.

2143
01:53:51,145 --> 01:53:52,765
So Revive recovery is the owner.

2144
01:53:52,825 --> 01:53:54,845
Now we're happy to supplement with the deed,

2145
01:53:56,065 --> 01:53:59,245
the most current deed after this, this hearing.

2146
01:53:59,465 --> 01:54:01,925
If the, if the board wants, we just wanted to clarify

2147
01:54:02,035 --> 01:54:04,765
that our application materials, that one piece,

2148
01:54:04,765 --> 01:54:07,845
the deed we included has changed since we submitted it.

2149
01:54:07,945 --> 01:54:09,565
So we're happy to supplement that

2150
01:54:10,945 --> 01:54:12,565
at the board's request. We're happy to do that.

2151
01:54:13,225 --> 01:54:15,965
And so at time of application you're under a purchase

2152
01:54:15,965 --> 01:54:17,125
and sale agreement, correct?

2153
01:54:17,435 --> 01:54:19,165
Correct. That's correct, yeah. Okay.

2154
01:54:20,105 --> 01:54:22,605
You know, the one thing I will say on this,

2155
01:54:22,745 --> 01:54:25,285
in this regard is I have a hard time sometimes

2156
01:54:25,355 --> 01:54:27,965
with people in, in hardship

2157
01:54:29,675 --> 01:54:32,005
when it's something that they've just purchased

2158
01:54:33,035 --> 01:54:35,165
that becomes a struggle for, for myself

2159
01:54:36,585 --> 01:54:38,325
that's historically consistent.

2160
01:54:39,115 --> 01:54:41,565
Doesn't mean I say no,

2161
01:54:41,665 --> 01:54:45,485
but it's, it's something for me that stands out.

2162
01:54:46,345 --> 01:54:48,045
No, I understand. Do you mind if I comment on that?

2163
01:54:48,435 --> 01:54:51,445
Sure. We, we were intending on getting

2164
01:54:51,445 --> 01:54:53,045
before this board in August

2165
01:54:53,345 --> 01:54:56,565
and the seller, you know, the, it had been on the market

2166
01:54:56,625 --> 01:54:59,125
for quite some time and it was getting to the point

2167
01:54:59,125 --> 01:55:01,285
where he was threatening to take it off the market

2168
01:55:01,285 --> 01:55:03,005
completely and go a different direction.

2169
01:55:03,465 --> 01:55:06,485
So we were kind of put in a place to kind of have to

2170
01:55:07,355 --> 01:55:09,605
jump on it or potentially lose the option.

2171
01:55:09,875 --> 01:55:11,085
Yeah, no, I understand that.

2172
01:55:11,345 --> 01:55:15,045
My point is that if, if the owner had said to me

2173
01:55:15,185 --> 01:55:17,685
to this board, well I can't do anything else with this

2174
01:55:17,705 --> 01:55:19,565
and I've, I've owned it for 20 years

2175
01:55:19,625 --> 01:55:22,085
and I'm in this tight district

2176
01:55:22,225 --> 01:55:24,325
and you know, no one wants to buy it,

2177
01:55:25,435 --> 01:55:30,245
that becomes more a clear hardship for my considerations.

2178
01:55:30,445 --> 01:55:31,685
I can't speak for everybody,

2179
01:55:32,585 --> 01:55:34,685
but when you have just purchased something

2180
01:55:34,685 --> 01:55:38,085
and you're coming into a zone that's not approved for it

2181
01:55:38,185 --> 01:55:41,645
and, and crying a hardship, that's

2182
01:55:41,655 --> 01:55:44,125
where I see a bit of a problem. So

2183
01:55:44,275 --> 01:55:46,405
Yeah, just to clarify, you know, that that was a point

2184
01:55:46,405 --> 01:55:49,085
of care for clarification in terms of, you know,

2185
01:55:49,085 --> 01:55:51,045
being transparent with the board, that that has changed.

2186
01:55:51,685 --> 01:55:53,245
I mentioned it in our hardship criteria,

2187
01:55:53,305 --> 01:55:55,285
but we also mentioned other,

2188
01:55:56,225 --> 01:55:57,485
you know, points on the hardship.

2189
01:55:58,005 --> 01:55:59,325
So we hear you and we understand that,

2190
01:55:59,345 --> 01:56:01,245
but we just want to clarify that, that,

2191
01:56:01,305 --> 01:56:03,165
and happy to supplement with a new deed.

2192
01:56:03,635 --> 01:56:07,405
Okay. Alright, staff Mo, Ms.

2193
01:56:07,585 --> 01:56:10,605
Zan, you wanna help us out or give us your version on this

2194
01:56:10,855 --> 01:56:11,855
Thank you chair.

2195
01:56:12,705 --> 01:56:15,485
As previously stated, the applicant is requesting a variance

2196
01:56:15,585 --> 01:56:16,645
to permit the operation

2197
01:56:16,645 --> 01:56:20,285
of a 10 bed level three men's recovery group recovery

2198
01:56:20,285 --> 01:56:23,325
residence within the existing structure on the property,

2199
01:56:24,085 --> 01:56:25,445
property is located within the general

2200
01:56:25,445 --> 01:56:26,925
commercial zoning district.

2201
01:56:27,055 --> 01:56:29,245
Group residence is not a permitted use,

2202
01:56:29,315 --> 01:56:31,085
therefore a variance is required.

2203
01:56:31,705 --> 01:56:34,565
The applicant proposes to convert the existing building

2204
01:56:34,665 --> 01:56:38,245
to establish and operate a non-profit, fully accessible

2205
01:56:38,755 --> 01:56:40,765
peer supported 10 bed level.

2206
01:56:40,765 --> 01:56:43,725
Three men's recco group recovery residents

2207
01:56:44,025 --> 01:56:47,325
for individuals recovering from substance use disorder.

2208
01:56:47,945 --> 01:56:50,685
The residents will include onsite

2209
01:56:50,685 --> 01:56:52,205
management and support staff.

2210
01:56:52,865 --> 01:56:55,445
The applicant is not new, a new organization to dairy

2211
01:56:55,705 --> 01:56:58,645
and currently facilitates recovery support services

2212
01:56:58,645 --> 01:57:00,245
through the Dairy Friendship Center.

2213
01:57:01,385 --> 01:57:05,845
The property consists of approximately 0.08 acres

2214
01:57:05,945 --> 01:57:10,925
and contains an existing 1,876 square foot single family

2215
01:57:10,925 --> 01:57:14,485
residence constructed in 1905 along

2216
01:57:14,485 --> 01:57:16,325
with a detached garage on the property.

2217
01:57:17,105 --> 01:57:18,365
If approved by the board,

2218
01:57:18,445 --> 01:57:20,805
a site plan amendment will be required to be reviewed

2219
01:57:20,805 --> 01:57:22,245
and approved by the planning board

2220
01:57:23,105 --> 01:57:24,765
and if approved, appropriate permits

2221
01:57:24,765 --> 01:57:28,325
and inspections will be required. Thank you.

2222
01:57:28,955 --> 01:57:30,085
Okay, thank you Ms. Olin.

2223
01:57:30,085 --> 01:57:32,045
Any questions for code enforcement from the board?

2224
01:57:33,565 --> 01:57:35,405
I have one. Mr. Mr. Donlin,

2225
01:57:36,305 --> 01:57:40,805
To the best of your knowledge now, can you just touch on

2226
01:57:41,035 --> 01:57:43,725
what the residence looks like as far as like how many

2227
01:57:44,545 --> 01:57:46,205
is it two family, three family,

2228
01:57:46,265 --> 01:57:47,525
the beds, that sort of thing?

2229
01:57:48,525 --> 01:57:53,325
Absolutely. Happy two. The existing

2230
01:57:54,285 --> 01:57:56,525
property, it's a existing single family residence.

2231
01:57:56,625 --> 01:57:58,165
It is three bedrooms.

2232
01:57:59,915 --> 01:58:02,525
It's approximately a little over a thousand square feet on

2233
01:58:02,525 --> 01:58:03,965
the first floor and about five,

2234
01:58:04,075 --> 01:58:07,365
just over 500 square feet on the second quarter

2235
01:58:07,415 --> 01:58:08,525
story is what they're calling it.

2236
01:58:08,525 --> 01:58:09,885
So it's built into the roof line.

2237
01:58:11,335 --> 01:58:13,805
There is a detached garage on the property as well.

2238
01:58:15,665 --> 01:58:18,125
And it says it's, let's see,

2239
01:58:19,045 --> 01:58:20,445
I already talked about the acreage.

2240
01:58:22,785 --> 01:58:24,325
You answered my question. Thank you. Okay,

2241
01:58:24,605 --> 01:58:25,605
Excellent.

2242
01:58:25,605 --> 01:58:25,805
Thank you.

2243
01:58:27,265 --> 01:58:29,985
I have a question. Mr. Trip,

2244
01:58:31,125 --> 01:58:32,385
You mentioned that this is a

2245
01:58:33,315 --> 01:58:35,705
level three men's group recovery residence.

2246
01:58:35,955 --> 01:58:36,955
Could you

2247
01:58:39,085 --> 01:58:40,085
Define level three?

2248
01:58:40,375 --> 01:58:41,565
Elaborate on that a little.

2249
01:58:42,605 --> 01:58:45,045
I think the applicant should elaborate so

2250
01:58:45,275 --> 01:58:46,325
that it's coming clear.

2251
01:58:47,365 --> 01:58:50,245
I see. So level three recovery residence is intended

2252
01:58:50,305 --> 01:58:53,645
for folks that are reentering from treatment centers

2253
01:58:53,985 --> 01:58:58,525
or from other kind like residential treatment options.

2254
01:59:00,095 --> 01:59:03,525
Level three means that there's 24 7 staff on site

2255
01:59:04,665 --> 01:59:07,485
and it's just like they, with the NAR standards,

2256
01:59:07,485 --> 01:59:10,485
they make different levels based on the amount of staffing

2257
01:59:10,705 --> 01:59:13,685
and the amount of like treatment that might be provided

2258
01:59:13,745 --> 01:59:15,045
or not provided in a space.

2259
01:59:16,505 --> 01:59:21,205
So you would, you would restrain them at times

2260
01:59:21,545 --> 01:59:22,965
and make sure that like, 'cause I noticed

2261
01:59:22,965 --> 01:59:25,605
that you said something about curfews, you know, so

2262
01:59:26,235 --> 01:59:27,645
Yeah, there will be curfews

2263
01:59:27,665 --> 01:59:29,525
and like when, you know, there's different levels,

2264
01:59:29,705 --> 01:59:31,765
but within the program when they're, you know, new

2265
01:59:31,765 --> 01:59:33,365
to the program they have to be in earlier,

2266
01:59:33,475 --> 01:59:35,365
they have different accountability measures.

2267
01:59:35,385 --> 01:59:37,925
And then as they've been with us longer, those kind

2268
01:59:37,925 --> 01:59:40,525
of like lower and they start, you know, getting jobs

2269
01:59:40,825 --> 01:59:42,925
and, you know, getting out

2270
01:59:42,985 --> 01:59:44,645
and maybe trying to get their kids back

2271
01:59:44,865 --> 01:59:46,525
or, you know, working on stuff like that.

2272
01:59:47,145 --> 01:59:50,205
So the level of monitoring will change depending upon

2273
01:59:50,735 --> 01:59:52,085
where they are in the program.

2274
01:59:53,625 --> 01:59:55,565
The, the, I wouldn't say the level

2275
01:59:55,585 --> 01:59:57,125
of monitoring would change.

2276
01:59:57,545 --> 02:00:00,805
The level of the expectation of

2277
02:00:00,835 --> 02:00:02,925
what they're gonna be held accountable

2278
02:00:02,945 --> 02:00:04,805
for will change over time.

2279
02:00:05,355 --> 02:00:07,845
They'll be monitored at all times regardless.

2280
02:00:08,595 --> 02:00:11,045
Yeah. So you, you basically will be a,

2281
02:00:13,395 --> 02:00:17,325
working with them and you setting goals and expectations

2282
02:00:17,385 --> 02:00:21,525
and you know, monitoring them. Yeah. So

2283
02:00:21,525 --> 02:00:24,365
That we'll be monitoring them. We will, I,

2284
02:00:24,565 --> 02:00:26,125
I, I can't think of a better word.

2285
02:00:26,225 --> 02:00:28,045
You know, maybe you, maybe you guys can, but

2286
02:00:29,045 --> 02:00:30,045
Supervision was a good one.

2287
02:00:30,595 --> 02:00:32,605
Okay. Like that. Alright. All right.

2288
02:00:33,365 --> 02:00:35,445
'cause I, I, I think a lot of people's

2289
02:00:38,525 --> 02:00:40,045
questions tonight will be, you know, you know,

2290
02:00:40,045 --> 02:00:44,445
what exactly is, is your organization doing, you know, in

2291
02:00:44,445 --> 02:00:46,285
that, in the, in the building that you're

2292
02:00:46,975 --> 02:00:48,565
gonna be operating.

2293
02:00:49,065 --> 02:00:50,525
So thank you. Welcome.

2294
02:00:50,615 --> 02:00:53,605
Thank you. Okay. Anybody else? All set?

2295
02:00:54,145 --> 02:00:57,045
Hey, let's make a call to public, see where this takes us.

2296
02:00:57,195 --> 02:00:59,885
Okay. You folks just listen

2297
02:00:59,985 --> 02:01:02,045
and you'll have an opportunity to rebut anything,

2298
02:01:02,105 --> 02:01:03,405
any statements that are made.

2299
02:01:03,725 --> 02:01:05,325
First call is for anyone who wishes

2300
02:01:05,345 --> 02:01:06,845
to support this application.

2301
02:01:07,885 --> 02:01:09,565
This is your opportunity to come forward.

2302
02:01:13,325 --> 02:01:14,695
Good evening. Thank you for the record.

2303
02:01:15,195 --> 02:01:18,815
My name is Carol Boden, I am the chairman

2304
02:01:18,915 --> 02:01:21,215
of the Dairy Friendship Center here in town

2305
02:01:21,475 --> 02:01:24,015
and a lot of, you know, the Friendship Center.

2306
02:01:24,015 --> 02:01:26,455
We've been in the community for probably over 40 years.

2307
02:01:27,555 --> 02:01:30,855
And what I'd like to start out by saying is I, I'm hoping

2308
02:01:30,885 --> 02:01:35,215
that the conversation around substance misuse is changing.

2309
02:01:36,725 --> 02:01:40,245
That it's not a moral issue, it's a health issue.

2310
02:01:40,905 --> 02:01:43,445
And I, you know, and I wanna say this, that I don't think

2311
02:01:43,445 --> 02:01:46,645
that people that have problems with substance misuse

2312
02:01:47,195 --> 02:01:48,965
wake up one morning and say, you know

2313
02:01:48,965 --> 02:01:50,005
what, I'm bored to death.

2314
02:01:50,205 --> 02:01:51,845
I think I have nothing better to do.

2315
02:01:51,965 --> 02:01:54,725
I think I'll just start using alcohol and drugs.

2316
02:01:55,185 --> 02:01:58,445
That's not how it goes. But I don't want to get into that.

2317
02:01:59,305 --> 02:02:00,885
But I, I did want to say that.

2318
02:02:01,385 --> 02:02:03,445
So the Friendship Center, you know, like I said,

2319
02:02:03,445 --> 02:02:05,365
it's been in the community for over 40 years

2320
02:02:05,465 --> 02:02:07,285
and we've never had any trouble,

2321
02:02:08,495 --> 02:02:09,605
we've never had any trouble.

2322
02:02:09,755 --> 02:02:11,805
It's peer to peer support, you know,

2323
02:02:11,825 --> 02:02:13,845
and I don't see anything but a benefit

2324
02:02:14,075 --> 02:02:15,845
because REVIVE has been

2325
02:02:17,075 --> 02:02:19,925
renting space in our building, you know,

2326
02:02:19,935 --> 02:02:23,005
we've fortunate enough to have moved to Railroad Ave.

2327
02:02:23,125 --> 02:02:25,645
I I'm sure a lot of you remember when we were on Broadway,

2328
02:02:26,015 --> 02:02:28,965
which was, you know, a notch above sketchy at the time.

2329
02:02:29,505 --> 02:02:31,805
But, but we have our own building.

2330
02:02:31,815 --> 02:02:34,125
We've been in our own building now for about 11 years

2331
02:02:34,185 --> 02:02:37,045
and REVIVE has been renting an office space there

2332
02:02:37,505 --> 02:02:39,285
and they have a staff that is there every

2333
02:02:39,285 --> 02:02:40,365
day from 11 to three.

2334
02:02:40,825 --> 02:02:43,125
So if someone were to come in off the street looking

2335
02:02:43,145 --> 02:02:47,685
for help or call looking for help, they're there to give it.

2336
02:02:48,705 --> 02:02:52,165
And, and they have their finger on the pulse, they know

2337
02:02:52,165 --> 02:02:56,205
where to go, where to send this person for maybe help with

2338
02:02:57,035 --> 02:03:00,125
rent or utilities, utility bills

2339
02:03:00,345 --> 02:03:03,845
or finding them a detox or a residential program.

2340
02:03:05,265 --> 02:03:08,725
So they're very active in dairy community as well

2341
02:03:08,725 --> 02:03:10,125
as Nash or in Manchester.

2342
02:03:11,025 --> 02:03:15,405
And I think that expanding their services

2343
02:03:16,215 --> 02:03:18,365
would be a, a boost to this town.

2344
02:03:19,695 --> 02:03:24,405
Again, you know, they have a great track record and,

2345
02:03:25,785 --> 02:03:28,045
and I'm all for it and I think it's great

2346
02:03:28,145 --> 02:03:31,565
and I, I get, I get the concern, you know, I get the concern

2347
02:03:31,565 --> 02:03:35,965
because, you know, people have sort of an idea of people

2348
02:03:36,035 --> 02:03:38,925
that have been addicted to alcohol and drugs, but,

2349
02:03:39,585 --> 02:03:42,285
but people that are looking for help need the help.

2350
02:03:44,075 --> 02:03:46,445
They need the help. So that's why I am here

2351
02:03:46,445 --> 02:03:48,045
to say I think it's a great idea

2352
02:03:48,045 --> 02:03:50,325
and I'm hoping that the board approves it.

2353
02:03:50,705 --> 02:03:53,245
So, so certainly from the compassion side you can

2354
02:03:53,245 --> 02:03:56,285
understand that and the need is there.

2355
02:03:57,105 --> 02:04:01,165
The, the greater, a greater focus becomes what I've spoken

2356
02:04:01,265 --> 02:04:05,525
to already, which was the design intent of, of

2357
02:04:05,525 --> 02:04:07,645
that ordinance and how it looks.

2358
02:04:07,785 --> 02:04:12,165
So Right. Considering one over your position, you know,

2359
02:04:12,165 --> 02:04:16,365
basic zoning objectives over your position is it can be

2360
02:04:16,365 --> 02:04:17,805
understood I think.

2361
02:04:17,805 --> 02:04:19,765
Right, right, right. Now I'm not saying

2362
02:04:19,865 --> 02:04:20,965
you have to agree with me.

2363
02:04:21,065 --> 02:04:24,925
No, but we all have that weighing analysis of which is the

2364
02:04:27,475 --> 02:04:29,005
more serviceable position

2365
02:04:29,225 --> 02:04:31,405
and it's not biased necessarily

2366
02:04:31,745 --> 02:04:33,965
to the individuals that you're trying to treat.

2367
02:04:34,435 --> 02:04:36,165
Correct. So it's more about

2368
02:04:36,705 --> 02:04:39,485
how this is gonna work ordinance wise.

2369
02:04:40,135 --> 02:04:42,525
Right, right. Well I'm sure you know,

2370
02:04:42,745 --> 02:04:43,805
you guys know what you're doing.

2371
02:04:45,335 --> 02:04:47,365
There are people that question that.

2372
02:04:48,195 --> 02:04:51,405
Well, it won't be me. Okay. I won't question it.

2373
02:04:51,405 --> 02:04:53,445
But anyway, thank you for listening to me. Okay,

2374
02:04:53,495 --> 02:04:54,495
Thank you.

2375
02:04:54,495 --> 02:04:56,725
Really good. I've Mr. Trip.

2376
02:04:57,745 --> 02:05:01,325
Now, do you anticipate working with the, the people

2377
02:05:01,795 --> 02:05:04,165
that are requesting the variance?

2378
02:05:05,305 --> 02:05:07,285
Yes. I would imagine that the people

2379
02:05:07,285 --> 02:05:09,765
that are gonna be in the house will be, be able

2380
02:05:09,765 --> 02:05:11,365
to attend meetings at the Friendship Center.

2381
02:05:11,385 --> 02:05:13,005
We have over 20 meetings a week

2382
02:05:13,865 --> 02:05:17,525
and we have approximately about 400 people a week that come

2383
02:05:17,525 --> 02:05:19,405
through our doors looking for help.

2384
02:05:19,405 --> 02:05:20,525
And it's all peer to peer.

2385
02:05:20,715 --> 02:05:25,445
It's, there are no like clinicians or professionals involved

2386
02:05:26,185 --> 02:05:28,405
and yeah, so I anticipate that, you know,

2387
02:05:28,405 --> 02:05:29,805
they would be coming to the Friendship center

2388
02:05:29,825 --> 02:05:31,045
and attending meetings as well.

2389
02:05:31,795 --> 02:05:33,085
Yeah. Hi. Yeah.

2390
02:05:34,415 --> 02:05:37,685
Thank you. You're Welcome. Anything else? No.

2391
02:05:37,685 --> 02:05:39,045
Alright, great. Thank you. Good.

2392
02:05:39,045 --> 02:05:41,445
Thank you. Anybody else wish to speak in support?

2393
02:05:51,795 --> 02:05:53,685
Good evening. Good evening, Mr.

2394
02:05:53,925 --> 02:05:56,045
Chairman, members of the committee. My name is Jake Berry.

2395
02:05:56,145 --> 02:05:58,405
I'm the Senior Vice President in New Futures.

2396
02:05:58,425 --> 02:06:00,805
We are a statewide nonprofit health policy

2397
02:06:00,905 --> 02:06:02,165
and advocacy organization.

2398
02:06:02,175 --> 02:06:04,085
We've been working for more than 30 years

2399
02:06:04,145 --> 02:06:06,765
to help address drug and alcohol issues in our state.

2400
02:06:07,965 --> 02:06:10,045
I can't speak much of the specifics that you've heard

2401
02:06:10,045 --> 02:06:12,245
so much about tonight, leave that to others in the room.

2402
02:06:12,265 --> 02:06:15,045
But I do want to talk about from talk from a statewide

2403
02:06:15,045 --> 02:06:16,365
perspective about the importance

2404
02:06:16,365 --> 02:06:17,965
of recovery housing projects like this.

2405
02:06:19,445 --> 02:06:21,485
I know I don't need to tell you the vital role of head

2406
02:06:21,485 --> 02:06:23,045
that housing plays in helping us

2407
02:06:23,045 --> 02:06:25,485
to address the ongoing addiction crisis here in

2408
02:06:25,485 --> 02:06:26,645
New Hampshire and all across the country.

2409
02:06:27,125 --> 02:06:29,205
Research is crystal clear that homelessness

2410
02:06:29,365 --> 02:06:30,965
and housing instability contribute

2411
02:06:30,965 --> 02:06:32,205
to higher rates of substance use.

2412
02:06:32,745 --> 02:06:35,565
And conversely, access to recovery housing is associated

2413
02:06:35,565 --> 02:06:38,245
with decreased rates of substance use, reduced probability

2414
02:06:38,265 --> 02:06:39,685
of recurrence and lower rates

2415
02:06:39,685 --> 02:06:41,725
of criminal activity and incarceration.

2416
02:06:42,605 --> 02:06:44,645
These benefits are crystal are clear, yet

2417
02:06:44,645 --> 02:06:46,925
as a state we continue to face a severe shortage

2418
02:06:46,925 --> 02:06:50,285
of recovery housing as, as you heard tonight,

2419
02:06:50,305 --> 02:06:52,725
not only is there not one single recovery house here in

2420
02:06:52,885 --> 02:06:54,725
Derry, but there aren't any publicly funded

2421
02:06:54,825 --> 02:06:57,485
or certified houses to be found in all of Rockingham County.

2422
02:06:58,385 --> 02:07:00,045
In total projections show that around

2423
02:07:00,045 --> 02:07:03,005
that New Hampshire needs more than 15,000 recovery beds

2424
02:07:03,005 --> 02:07:04,085
to meet the needs of our state

2425
02:07:04,085 --> 02:07:06,885
and its people, I should say, additional recovery beds.

2426
02:07:07,525 --> 02:07:08,685
Thankfully these people here

2427
02:07:08,685 --> 02:07:10,525
before you tonight want desperately to help.

2428
02:07:10,975 --> 02:07:14,165
Recco Revive Recovery is known around New Hampshire as one

2429
02:07:14,165 --> 02:07:16,205
of our largest and strongest recovery community

2430
02:07:16,205 --> 02:07:18,045
organizations here in Derry.

2431
02:07:18,045 --> 02:07:19,405
They've been an important community partner

2432
02:07:19,505 --> 02:07:20,845
for several years with their resource

2433
02:07:20,845 --> 02:07:21,885
center on Railroad Ave.

2434
02:07:22,185 --> 02:07:24,645
And their recovery centers and housing units in Manchester

2435
02:07:24,645 --> 02:07:26,645
and Nashua are saving lives every day.

2436
02:07:27,525 --> 02:07:28,645
I understand fully, fully

2437
02:07:28,645 --> 02:07:31,005
that land use decisions like this one are complicated

2438
02:07:31,025 --> 02:07:32,765
and require careful considerations,

2439
02:07:33,745 --> 02:07:35,400
but revive has shown here in dairy

2440
02:07:35,400 --> 02:07:37,920
and all around the state that it's a respected, responsible,

2441
02:07:37,920 --> 02:07:39,360
and impactful community partner.

2442
02:07:39,985 --> 02:07:41,165
And projects like this

2443
02:07:41,165 --> 02:07:43,605
that they're proposing will not only benefit the individuals

2444
02:07:43,605 --> 02:07:44,925
they serve, but the entire dairy

2445
02:07:44,925 --> 02:07:46,365
community in our state as a whole.

2446
02:07:46,905 --> 02:07:48,445
For these reasons I'd ask you to support this,

2447
02:07:48,725 --> 02:07:50,325
to grant the variance and support the projects

2448
02:07:50,325 --> 02:07:51,565
and I'm happy to take any questions.

2449
02:07:52,955 --> 02:07:55,485
Okay. Any questions from any of the board? Mr. Tripp,

2450
02:07:56,155 --> 02:07:57,965
What would you, what did you say your

2451
02:07:57,965 --> 02:08:00,165
organization's name was? It's called

2452
02:08:00,225 --> 02:08:01,225
New Futures.

2453
02:08:01,225 --> 02:08:02,885
So we're, so we're, we're based in Concord,

2454
02:08:02,885 --> 02:08:05,485
but we do statewide advocacy on substance use

2455
02:08:05,485 --> 02:08:07,685
and mental health and, and a variety of other issues.

2456
02:08:11,395 --> 02:08:16,165
Have you worked with the Revive Recovery people?

2457
02:08:16,585 --> 02:08:19,325
We have, yes. Very much so. Previously, yes. Yeah.

2458
02:08:19,345 --> 02:08:21,845
And a number of different projects, they, they work

2459
02:08:21,845 --> 02:08:24,045
with us on state level policy in, in a variety

2460
02:08:24,065 --> 02:08:25,365
of ways. Yeah.

2461
02:08:25,985 --> 02:08:28,365
And where would that be? I'm sorry?

2462
02:08:28,735 --> 02:08:30,085
Where would, where have you

2463
02:08:30,085 --> 02:08:31,165
worked with these people before

2464
02:08:31,225 --> 02:08:34,445
In Nashua and Nashua, Manchester and, and,

2465
02:08:34,545 --> 02:08:36,085
and it's here outta the center in Dairy.

2466
02:08:37,065 --> 02:08:39,245
Say again? In Nashua and Manchester

2467
02:08:39,305 --> 02:08:40,845
and here out of the center in Dairy.

2468
02:08:40,905 --> 02:08:43,325
We have worked with them in a variety of ways. Alright,

2469
02:08:43,355 --> 02:08:44,245
Well thank you. Sure.

2470
02:08:45,065 --> 02:08:49,205
Mr. Donlin. Mr. Henry, folks all set? I'm good Mr. Chair.

2471
02:08:49,465 --> 02:08:51,685
All right. Good enough. All right, we're all set. Thank you.

2472
02:08:51,685 --> 02:08:53,485
Thank you. Anybody else wish

2473
02:08:53,545 --> 02:08:55,565
to speak favorably to this application?

2474
02:09:04,785 --> 02:09:05,275
Good evening.

2475
02:09:05,585 --> 02:09:06,835
Good evening and thank you

2476
02:09:06,895 --> 02:09:08,515
for the opportunity to speak tonight.

2477
02:09:09,135 --> 02:09:10,515
My name is Priscilla Montoss.

2478
02:09:10,895 --> 02:09:12,315
I'm the director of operations

2479
02:09:12,375 --> 02:09:13,955
of REVIVE Recovery Resource Center.

2480
02:09:14,735 --> 02:09:17,475
But my story with REVIVE didn't begin with employment.

2481
02:09:18,515 --> 02:09:21,195
I first walked through the door as a participant looking

2482
02:09:21,215 --> 02:09:22,715
for support in my own recovery.

2483
02:09:23,555 --> 02:09:27,275
I eventually became a volunteer, served multiple years

2484
02:09:27,275 --> 02:09:28,555
through the AmeriCorps program,

2485
02:09:29,345 --> 02:09:31,155
continued growing within the organization

2486
02:09:31,655 --> 02:09:33,515
and today I have the privilege of serving

2487
02:09:33,575 --> 02:09:35,115
as the director of operations.

2488
02:09:36,555 --> 02:09:38,315
I share that because I know firsthand

2489
02:09:38,985 --> 02:09:42,035
that it can be, I'm sorry.

2490
02:09:42,395 --> 02:09:44,115
I share that because I know firsthand

2491
02:09:44,745 --> 02:09:46,755
what can happen when somebody is given support,

2492
02:09:46,755 --> 02:09:48,915
responsibility, and the opportunity to grow.

2493
02:09:49,985 --> 02:09:52,995
That belief is at the heart of why REVIVE wants

2494
02:09:53,015 --> 02:09:55,995
to expand recovery into recovery housing.

2495
02:09:57,555 --> 02:10:00,115
A few years ago during a strategic planning session,

2496
02:10:00,575 --> 02:10:03,075
our board and leadership team were given markers

2497
02:10:03,095 --> 02:10:04,715
and blank pieces of paper.

2498
02:10:06,335 --> 02:10:08,795
One question was asked, what do you want

2499
02:10:08,795 --> 02:10:10,035
to see the future of revive look like?

2500
02:10:11,145 --> 02:10:13,915
When we laid the drawings out, we all noticed something.

2501
02:10:14,125 --> 02:10:15,515
There were little houses everywhere.

2502
02:10:16,345 --> 02:10:18,675
Without planning it, without talking about it,

2503
02:10:18,695 --> 02:10:20,355
we had all drawn, drawn the same thing.

2504
02:10:21,215 --> 02:10:24,155
We recognized that while recovery centers are incredibly

2505
02:10:24,155 --> 02:10:26,875
important, recovery doesn't only happen inside a center.

2506
02:10:27,575 --> 02:10:29,315
It happens in everyday life.

2507
02:10:29,605 --> 02:10:32,235
Going to work, rebuilding relationships, learning

2508
02:10:32,235 --> 02:10:34,765
to manage money, developing healthy routines

2509
02:10:35,185 --> 02:10:38,845
and figuring out who you want to become to do those things.

2510
02:10:38,845 --> 02:10:40,125
People need stability.

2511
02:10:40,815 --> 02:10:44,485
Those little drawings eventually became the Hive Revives 18

2512
02:10:44,485 --> 02:10:46,645
bed, a DA accessible women's recovery residence.

2513
02:10:47,785 --> 02:10:49,285
We chose the name The Hive

2514
02:10:49,395 --> 02:10:51,125
because the hive represents con

2515
02:10:51,135 --> 02:10:53,405
connection and shared purpose.

2516
02:10:54,195 --> 02:10:58,765
Each member contributes while also growing individually.

2517
02:10:59,945 --> 02:11:03,205
And a hive isn't meant to keep its members inside forever.

2518
02:11:03,865 --> 02:11:05,045
It gives them what they need

2519
02:11:05,045 --> 02:11:06,245
to eventually go out and thrive.

2520
02:11:07,465 --> 02:11:10,725
Now we hope to bring that same philosophy to dairy

2521
02:11:10,725 --> 02:11:12,725
through 10 Bed men's recovery residence.

2522
02:11:13,485 --> 02:11:15,005
I understand why residents may

2523
02:11:15,595 --> 02:11:16,765
have questions about having

2524
02:11:16,845 --> 02:11:18,165
a recovery home in their community.

2525
02:11:18,655 --> 02:11:21,005
Those questions are important and we want to hear them.

2526
02:11:21,845 --> 02:11:24,445
I also think it's important for dairy to know who REVIVE is.

2527
02:11:25,345 --> 02:11:28,125
We are not a large corporation coming into

2528
02:11:28,125 --> 02:11:29,445
New Hampshire from somewhere else.

2529
02:11:30,385 --> 02:11:32,645
Revive was grown right here in New Hampshire.

2530
02:11:33,385 --> 02:11:36,765
We are local people who live, work, raise families,

2531
02:11:37,235 --> 02:11:39,445
recover in these same communities.

2532
02:11:40,565 --> 02:11:42,725
I personally want went to Alvern High School.

2533
02:11:43,125 --> 02:11:45,325
I understand what it's like to grow up in a New Hampshire

2534
02:11:45,325 --> 02:11:47,685
town and why people care deeply about

2535
02:11:47,685 --> 02:11:48,845
what happens in their neighborhoods.

2536
02:11:50,425 --> 02:11:51,445
We care about that too.

2537
02:11:52,385 --> 02:11:55,605
If there is ever a concern, revive isn't some corporation

2538
02:11:55,675 --> 02:11:57,685
with a headquarters hundreds of miles away,

2539
02:11:58,165 --> 02:11:59,365
a phone number that leads nowhere.

2540
02:12:00,345 --> 02:12:01,925
You can call us, you can talk to us.

2541
02:12:02,225 --> 02:12:04,725
You can know the people responsible for the home.

2542
02:12:05,505 --> 02:12:08,525
We want to have a relationship with dairy, it's neighbors,

2543
02:12:08,835 --> 02:12:11,445
town officials, businesses, and community organizations.

2544
02:12:11,475 --> 02:12:13,205
Because being a good neighbor is part

2545
02:12:13,205 --> 02:12:15,125
of making recovery residents successful.

2546
02:12:16,025 --> 02:12:19,085
The individuals living in this home will be people actively

2547
02:12:19,085 --> 02:12:20,485
working to move their lives forward.

2548
02:12:20,785 --> 02:12:22,525
The residents will provide structure

2549
02:12:23,105 --> 02:12:26,045
and expectations while residents work towards employment,

2550
02:12:26,045 --> 02:12:27,645
independence, stronger relationships,

2551
02:12:27,645 --> 02:12:28,725
and long-term stability.

2552
02:12:29,625 --> 02:12:31,885
It isn't simply about providing someone with a bed.

2553
02:12:32,115 --> 02:12:33,725
It's about providing an environment

2554
02:12:33,725 --> 02:12:35,045
where people are expected

2555
02:12:35,045 --> 02:12:37,165
to take responsibility for what comes next.

2556
02:12:37,425 --> 02:12:39,885
And ultimately our goal is for residents to reach a point

2557
02:12:40,015 --> 02:12:41,485
where they no longer need us.

2558
02:12:42,325 --> 02:12:43,605
I think about my own journey.

2559
02:12:43,635 --> 02:12:45,765
When I think about the men who will be living in this house,

2560
02:12:46,155 --> 02:12:48,405
when I first walked into revive, nobody would've known

2561
02:12:49,075 --> 02:12:51,165
that one day I'd become the director of operations.

2562
02:12:51,525 --> 02:12:54,125
I certainly didn't, but someone gave me the room to grow.

2563
02:12:54,615 --> 02:12:56,045
Today I have today I have a career

2564
02:12:56,665 --> 02:12:58,645
and I serve the recovery communities throughout

2565
02:12:58,705 --> 02:13:02,885
New Hampshire by creating opportunities for people

2566
02:13:02,905 --> 02:13:04,325
who are standing where I once stood.

2567
02:13:05,945 --> 02:13:09,245
That's what these 10 beds represent to me.

2568
02:13:09,585 --> 02:13:13,445
Not 10 beds, 10 people with futures we cannot predict yet.

2569
02:13:14,505 --> 02:13:17,005
One may become a business owner, one may become a mentor,

2570
02:13:17,985 --> 02:13:20,365
one may rebuild a relationship with his children.

2571
02:13:21,625 --> 02:13:23,685
One may eventually become a leader in this community.

2572
02:13:24,665 --> 02:13:26,685
We don't know what their stories will become.

2573
02:13:26,865 --> 02:13:28,485
We just want to give them a safe place

2574
02:13:28,545 --> 02:13:30,325
to start writing the next chapter.

2575
02:13:30,655 --> 02:13:33,325
Years ago, those little drawings on a piece of paper

2576
02:13:36,175 --> 02:13:37,315
is something we couldn't imagine.

2577
02:13:37,455 --> 02:13:39,075
And here we are today,

2578
02:13:39,075 --> 02:13:40,555
those drawings are becoming real homes.

2579
02:13:41,215 --> 02:13:43,955
We hope dairy will allow us to continue the vision, not

2580
02:13:43,955 --> 02:13:45,875
as outsiders coming into the community,

2581
02:13:45,875 --> 02:13:48,275
but as fellow New Hampshire residents who believe

2582
02:13:48,585 --> 02:13:51,315
that strong recovery communities help create stronger

2583
02:13:51,315 --> 02:13:52,355
communities for everyone.

2584
02:13:52,565 --> 02:13:54,995
Thank you for your time and your consideration.

2585
02:13:55,465 --> 02:13:59,155
Very good. Any questions for the go ahead, Mr. Trip,

2586
02:14:01,655 --> 02:14:03,235
You seem to be quite knowledgeable about,

2587
02:14:03,365 --> 02:14:04,875
about revive recovery.

2588
02:14:06,095 --> 02:14:09,915
Do you know how many locations you served in New Hampshire?

2589
02:14:10,255 --> 02:14:13,195
Yes. So most people said three. It is actually four.

2590
02:14:13,335 --> 02:14:17,355
So we have Nashua, which is our original location,

2591
02:14:18,165 --> 02:14:20,955
dairy, which is our second location, Manchester,

2592
02:14:20,955 --> 02:14:22,595
which is our third, and then Milford,

2593
02:14:22,595 --> 02:14:23,875
which is some location.

2594
02:14:23,975 --> 02:14:26,795
We are just in the process of opening up now, so.

2595
02:14:27,055 --> 02:14:29,035
So you're growing, Growing, growing.

2596
02:14:29,945 --> 02:14:31,275
Very good. Thank you.

2597
02:14:31,415 --> 02:14:33,155
You had indicated the third is dairy,

2598
02:14:33,585 --> 02:14:35,075
it's not second, the second,

2599
02:14:35,295 --> 02:14:36,515
The second was dairy. Correct.

2600
02:14:36,515 --> 02:14:38,675
Okay, but that's not current now?

2601
02:14:39,615 --> 02:14:40,995
No, not our residents, our,

2602
02:14:41,095 --> 02:14:42,715
our recovery centers. I, I see.

2603
02:14:42,715 --> 02:14:43,915
Okay. Revive, I'm sorry.

2604
02:14:44,255 --> 02:14:45,835
Yes, revive. Very good, thank you.

2605
02:14:46,015 --> 02:14:49,715
So, so active facilities are Nashua

2606
02:14:49,715 --> 02:14:50,915
and Manchester currently.

2607
02:14:51,895 --> 02:14:54,355
So our, for our re residents, yes,

2608
02:14:54,625 --> 02:14:55,635
that would be Manchester.

2609
02:14:56,095 --> 02:14:58,435
Oh, Manchester is where you're operating out of right now?

2610
02:14:58,535 --> 02:15:00,035
Yep. So our 18 bed woman's house

2611
02:15:00,105 --> 02:15:02,035
that will be fully operational in the fall?

2612
02:15:02,035 --> 02:15:03,035
Yes. Oh,

2613
02:15:04,145 --> 02:15:05,145
Okay.

2614
02:15:05,145 --> 02:15:07,395
And is it located in the downtown

2615
02:15:07,395 --> 02:15:08,675
like you're hoping you do here

2616
02:15:08,905 --> 02:15:09,915
West side, so

2617
02:15:11,415 --> 02:15:14,795
2 6, 6 33.

2618
02:15:15,235 --> 02:15:18,515
I got it. 6 33 Second Street. Yeah.

2619
02:15:18,655 --> 02:15:20,755
So west side of Manchester where we're our,

2620
02:15:20,755 --> 02:15:24,875
our center is also located, so kind of the same thing

2621
02:15:24,875 --> 02:15:27,675
that we're looking to do here, where the center is right

2622
02:15:27,675 --> 02:15:29,075
down the road from the house.

2623
02:15:29,175 --> 02:15:31,235
So that if anything needs to be

2624
02:15:32,075 --> 02:15:35,435
provided, resources, support the center is very close

2625
02:15:35,655 --> 02:15:37,475
and can go to the house to provide those services.

2626
02:15:37,655 --> 02:15:40,435
If anything were to happen or if the participants

2627
02:15:40,435 --> 02:15:42,435
of the house just need extra support.

2628
02:15:43,455 --> 02:15:44,995
So you, you're gonna have two,

2629
02:15:45,495 --> 02:15:46,715
two buildings here in dairy.

2630
02:15:47,645 --> 02:15:51,075
We're gonna have our recovery center, which is co-located

2631
02:15:51,075 --> 02:15:52,315
with the Dairy Friendship Center.

2632
02:15:52,975 --> 02:15:55,995
We rent from them. And then the house,

2633
02:15:56,335 --> 02:15:58,795
if this all goes very well tonight. Oh,

2634
02:15:59,185 --> 02:16:00,185
Alright.

2635
02:16:00,185 --> 02:16:01,195
Well thank you. Yep.

2636
02:16:02,305 --> 02:16:05,035
Okay. Anybody else? All right, thank you.

2637
02:16:06,185 --> 02:16:08,795
Anybody else want to speak affirmatively on this?

2638
02:16:13,825 --> 02:16:15,815
Hello, name and address please.

2639
02:16:18,025 --> 02:16:20,395
Good evening. My name is Justin Micho

2640
02:16:20,615 --> 02:16:22,115
and I am the director

2641
02:16:22,175 --> 02:16:24,035
of operations at On the Road to Wellness.

2642
02:16:24,655 --> 02:16:28,035
And we are a peer run mental health organization. Could

2643
02:16:28,035 --> 02:16:30,405
You say what your organization's name is again

2644
02:16:30,945 --> 02:16:31,945
On the road to wellness?

2645
02:16:33,465 --> 02:16:36,445
So we are a peer run mental health organization

2646
02:16:36,675 --> 02:16:39,405
that serves the dairy and Manchester communities.

2647
02:16:40,145 --> 02:16:44,005
Our dairy location, we just relocated from 45 South main

2648
02:16:44,465 --> 02:16:47,285
to 16 Manning Street right next door.

2649
02:16:48,985 --> 02:16:50,005
I'm here tonight, not only

2650
02:16:50,005 --> 02:16:52,045
as a professional working in peer support,

2651
02:16:52,225 --> 02:16:54,365
but also as someone with my own lived experience

2652
02:16:54,435 --> 02:16:56,285
with mental health challenges and recovery.

2653
02:16:57,185 --> 02:16:59,085
My experiences are a large part of

2654
02:16:59,085 --> 02:17:00,365
what brought me into this work

2655
02:17:00,625 --> 02:17:02,245
and they have taught me something very important.

2656
02:17:02,505 --> 02:17:04,485
People can and they do recover.

2657
02:17:04,505 --> 02:17:06,285
And when they are given the right opportunities,

2658
02:17:06,395 --> 02:17:09,325
support an environment at on the road to wellness.

2659
02:17:09,505 --> 02:17:11,325
We have developed a strong partnership

2660
02:17:11,325 --> 02:17:14,165
with REVIVE Recovery organizations serve many

2661
02:17:14,165 --> 02:17:16,565
of the same people, make referrals to one another,

2662
02:17:16,595 --> 02:17:18,445
connect individuals or resources

2663
02:17:18,625 --> 02:17:20,565
and share the belief that recovery happens

2664
02:17:20,915 --> 02:17:22,885
through community connection

2665
02:17:23,345 --> 02:17:24,645
and meeting people where they are.

2666
02:17:25,385 --> 02:17:27,805
REVIVE is already doing amazing work here in Derry

2667
02:17:27,825 --> 02:17:28,965
and throughout New Hampshire.

2668
02:17:29,115 --> 02:17:30,725
They provide peer recovery support

2669
02:17:30,725 --> 02:17:31,925
and help people navigate some

2670
02:17:31,925 --> 02:17:33,685
of the most difficult moments of their lives.

2671
02:17:34,485 --> 02:17:37,285
I would love to see them have the opportunity to expand

2672
02:17:37,285 --> 02:17:39,285
that work by opening this Men's recovery house.

2673
02:17:40,315 --> 02:17:43,285
There's a real need for safe, supportive recovery housing.

2674
02:17:43,715 --> 02:17:46,005
Someone can make the decision to change their life,

2675
02:17:46,365 --> 02:17:48,885
complete treatment or begin their recovery journey.

2676
02:17:49,425 --> 02:17:51,245
But if they do not have a stable

2677
02:17:51,385 --> 02:17:53,805
and recovery focused place to go afterward,

2678
02:17:54,605 --> 02:17:56,765
maintaining recovery becomes significantly harder.

2679
02:17:57,785 --> 02:18:00,725
New Hampshire has seen encouraging decreases in overdose

2680
02:18:00,725 --> 02:18:01,885
deaths in recent years.

2681
02:18:01,955 --> 02:18:03,485
That progress should be celebrated,

2682
02:18:04,145 --> 02:18:06,285
but it shouldn't make us believe that the work is finished.

2683
02:18:06,565 --> 02:18:08,485
I believe that progress is happening in part

2684
02:18:08,595 --> 02:18:10,365
because we have continued creating

2685
02:18:10,365 --> 02:18:11,765
opportunities for recovery.

2686
02:18:12,305 --> 02:18:14,045
Places where people can find support,

2687
02:18:14,055 --> 02:18:15,645
connection, stability, and hope.

2688
02:18:15,875 --> 02:18:18,765
Organizations like REVIVE are part of that solution.

2689
02:18:19,605 --> 02:18:22,445
A recovery house isn't simply a house, it's an opportunity.

2690
02:18:22,795 --> 02:18:24,845
It's a place where someone can rebuild their life,

2691
02:18:25,035 --> 02:18:26,885
find employment, reconnect with family,

2692
02:18:27,465 --> 02:18:29,245
and become part of their community again,

2693
02:18:29,255 --> 02:18:31,285
eventually be the person helping

2694
02:18:31,345 --> 02:18:32,565
the next person through the door.

2695
02:18:33,405 --> 02:18:35,125
I respectfully asked the board to support REVIVE

2696
02:18:35,145 --> 02:18:37,365
and give them the opportunity to continue expanding their

2697
02:18:37,535 --> 02:18:39,445
lifesaving work that they are already

2698
02:18:39,495 --> 02:18:40,805
doing in the community.

2699
02:18:41,265 --> 02:18:43,125
And thank you for your time. Alright,

2700
02:18:43,225 --> 02:18:44,225
Any questions?

2701
02:18:44,955 --> 02:18:46,325
Nope. Thank you. Very good. Thank you.

2702
02:18:46,415 --> 02:18:47,725
We're good. Oh Mr. Drew.

2703
02:18:47,785 --> 02:18:51,445
So you're presently in dairy also?

2704
02:18:51,665 --> 02:18:53,685
Yes. Yeah, we are

2705
02:18:53,685 --> 02:18:56,645
At 16 Manning Street in the greenery right next door.

2706
02:18:57,105 --> 02:19:01,245
Oh, alright. Now is your organization located in multiple

2707
02:19:01,245 --> 02:19:02,565
sites in New Hampshire?

2708
02:19:03,425 --> 02:19:05,845
Yes, we have that support center

2709
02:19:05,905 --> 02:19:09,085
and then we have one in Manchester on South Willow Street.

2710
02:19:09,745 --> 02:19:13,005
And then we have a recovery house also in Manchester.

2711
02:19:13,465 --> 02:19:18,445
Oh the, the big difference is we are mental health primary

2712
02:19:18,985 --> 02:19:21,285
and revive is substance abuse primary.

2713
02:19:21,545 --> 02:19:23,045
So we work very well together.

2714
02:19:23,445 --> 02:19:25,405
I know you, somebody had mentioned on the

2715
02:19:25,415 --> 02:19:26,445
board about mental health.

2716
02:19:27,625 --> 02:19:30,605
That's, that's kind of where we work together the best.

2717
02:19:31,725 --> 02:19:34,085
'cause we do primary mental health stuff.

2718
02:19:34,905 --> 02:19:36,445
All of us do peer support.

2719
02:19:38,035 --> 02:19:40,325
Okay, very Good. So there's a, you're one of a number

2720
02:19:40,325 --> 02:19:41,925
of organ organizations.

2721
02:19:42,665 --> 02:19:44,565
What's that? You're a num one of a number

2722
02:19:44,565 --> 02:19:46,885
of organizations working here in Derry

2723
02:19:46,885 --> 02:19:48,565
to, to help these people.

2724
02:19:48,985 --> 02:19:50,405
Yes. Alright, thank you much.

2725
02:19:50,585 --> 02:19:53,645
Yes. We all tend to, to work together well

2726
02:19:54,975 --> 02:19:56,565
takes, takes many people.

2727
02:19:58,735 --> 02:20:01,445
Thank you. Okay. And all set. Thank you.

2728
02:20:01,445 --> 02:20:02,805
Thank you. Have a good night guys. Yep.

2729
02:20:02,815 --> 02:20:06,645
Thank you Again, this is for support of the application.

2730
02:20:08,625 --> 02:20:09,625
Seeing no one else

2731
02:20:15,025 --> 02:20:16,025
Evening.

2732
02:20:16,025 --> 02:20:17,515
Thank you folks, sir for seeing us tonight.

2733
02:20:17,735 --> 02:20:18,995
All right. Name and address please.

2734
02:20:19,835 --> 02:20:21,115
My name is Louis Hastings.

2735
02:20:21,115 --> 02:20:25,435
My address is, yep, five Jers Drive. Nashua.

2736
02:20:25,865 --> 02:20:27,955
Okay. We ask you to be brief with

2737
02:20:28,135 --> 02:20:29,595
how you would be aggrieved by this.

2738
02:20:30,315 --> 02:20:33,555
Thank you. It's pretty basically curtailing on

2739
02:20:33,555 --> 02:20:34,715
what a lot of people have said.

2740
02:20:36,055 --> 02:20:37,475
I'm a personal long-term recovery.

2741
02:20:37,505 --> 02:20:39,395
I've been in working in the field for over 30 years,

2742
02:20:39,575 --> 02:20:42,195
but approximately 20 of those years focused specifically on

2743
02:20:42,755 --> 02:20:44,315
substance of use of recovery.

2744
02:20:45,005 --> 02:20:47,795
Throughout my years of experience, I have been the privilege

2745
02:20:47,795 --> 02:20:48,795
of seeing firsthand

2746
02:20:48,855 --> 02:20:51,315
how individuals can change their lives when they are given

2747
02:20:51,315 --> 02:20:53,875
the right opportunity support structure.

2748
02:20:55,075 --> 02:20:56,995
Watching someone who has once struggled to find direction

2749
02:20:56,995 --> 02:20:58,715
and begin the rebuild their lives,

2750
02:20:59,495 --> 02:21:00,715
regain their independence,

2751
02:21:00,815 --> 02:21:03,275
become productive members of the community.

2752
02:21:03,935 --> 02:21:05,875
And truly it's been heartwarming.

2753
02:21:06,665 --> 02:21:08,955
That is the purpose behind recovery housing,

2754
02:21:09,205 --> 02:21:11,995
especially the men's housing that we are proposing here.

2755
02:21:13,155 --> 02:21:14,355
Recovery is about much more than

2756
02:21:14,355 --> 02:21:16,155
simply stopping substance use.

2757
02:21:16,255 --> 02:21:18,315
It is about learning how to be live a healthy,

2758
02:21:18,425 --> 02:21:20,075
responsible, and productive life.

2759
02:21:20,735 --> 02:21:23,395
Stable housing can be important part of that process.

2760
02:21:24,275 --> 02:21:26,435
A safe support place to live,

2761
02:21:27,025 --> 02:21:29,635
give individuals the opportunity to work on themselves,

2762
02:21:29,655 --> 02:21:32,355
to maintain employment, build healthy relationships,

2763
02:21:32,355 --> 02:21:33,435
develop life skills,

2764
02:21:33,455 --> 02:21:35,275
and take responsibilities for their futures.

2765
02:21:36,215 --> 02:21:39,555
Our goal is to provide men to in recovery with a structure

2766
02:21:39,575 --> 02:21:42,155
and support of a living environment while engaging them

2767
02:21:42,175 --> 02:21:43,355
to become responsible,

2768
02:21:43,675 --> 02:21:45,275
contributing members in the dairy community.

2769
02:21:45,895 --> 02:21:48,835
We want the men who live at recovery men's housing

2770
02:21:49,375 --> 02:21:52,395
to understand that they are not to be defined by their past.

2771
02:21:53,105 --> 02:21:54,475
With the accountability, support,

2772
02:21:54,475 --> 02:21:56,995
and determination, they can create something very

2773
02:21:56,995 --> 02:21:58,155
different for their futures.

2774
02:21:58,795 --> 02:22:00,955
I believe strongly in value recovery housing

2775
02:22:00,955 --> 02:22:03,155
because I have seen firsthand the impact.

2776
02:22:03,775 --> 02:22:05,155
Men who have given an opportunity

2777
02:22:05,175 --> 02:22:07,915
to establish stability can go on to work,

2778
02:22:07,985 --> 02:22:10,795
support their families, do volunteering, pay taxes,

2779
02:22:10,925 --> 02:22:13,035
contribute positive in the community.

2780
02:22:13,855 --> 02:22:16,755
We understand that being a good neighbor is an important

2781
02:22:16,785 --> 02:22:18,515
part of operating in the recovery is

2782
02:22:19,075 --> 02:22:21,475
residents revive recovery, men's housing, we strive

2783
02:22:21,475 --> 02:22:24,235
to maintain a safe, respectful, clean and well-managed house

2784
02:22:24,655 --> 02:22:27,085
and be a positive presence within the dairy community.

2785
02:22:27,885 --> 02:22:29,845
I respect to ask the dairy zoning board

2786
02:22:29,845 --> 02:22:31,445
to consider the importance of this house

2787
02:22:31,505 --> 02:22:34,125
and the opportunity to provide the men who are working hard

2788
02:22:34,145 --> 02:22:37,085
to change their lives after more than 30

2789
02:22:37,085 --> 02:22:38,365
years working in this field.

2790
02:22:38,485 --> 02:22:39,885
I have learned recovery is possible.

2791
02:22:39,995 --> 02:22:41,445
I've seen people who have once felt

2792
02:22:41,445 --> 02:22:43,765
that they have very little hope to going on

2793
02:22:43,765 --> 02:22:45,285
to build meaningful purpose, life

2794
02:22:46,145 --> 02:22:47,925
revive recovery men's housing as well,

2795
02:22:48,165 --> 02:22:51,085
creating another opportunity transformation should happen.

2796
02:22:51,695 --> 02:22:53,205
Thank you once again for listening.

2797
02:22:54,115 --> 02:22:58,965
Very good, thank you. We're gonna wrap up.

2798
02:22:58,965 --> 02:23:03,405
You're all set. Anybody wish to wrap up

2799
02:23:03,405 --> 02:23:05,965
with the affirmative on the application?

2800
02:23:07,195 --> 02:23:09,805
Anybody opposed to this application?

2801
02:23:09,805 --> 02:23:11,525
This would be your opportunity to come forward.

2802
02:23:16,025 --> 02:23:20,125
And we do have some letters for the record as well. Okay.

2803
02:23:20,415 --> 02:23:21,925
Thank you. And name and address please?

2804
02:23:22,225 --> 02:23:24,325
Yep. Brian Ello, six Rollin Street.

2805
02:23:26,525 --> 02:23:27,725
I wanna know for the re I mean

2806
02:23:27,725 --> 02:23:29,125
for the record, I want it to be known.

2807
02:23:29,225 --> 02:23:33,045
I'm not against the project itself. It's a worthy project.

2808
02:23:34,555 --> 02:23:38,725
What my concerns are, the zoning

2809
02:23:38,825 --> 02:23:42,525
behind this building is actually multi high density

2810
02:23:42,675 --> 02:23:46,485
residential two, which many years ago, the planning board

2811
02:23:47,595 --> 02:23:50,565
kept it that way as a strict neighborhood

2812
02:23:50,565 --> 02:23:53,165
because of the old older homes in that area.

2813
02:23:54,545 --> 02:23:58,645
It was stated that this home was, is 1905

2814
02:24:00,345 --> 02:24:04,925
and it's a three bedroom, one bathroom, single family home.

2815
02:24:07,655 --> 02:24:08,985
15, I think it, it was,

2816
02:24:09,185 --> 02:24:11,265
I think it was said it was 1500 square feet.

2817
02:24:12,725 --> 02:24:15,585
My house, which is a block away, my house is 1902.

2818
02:24:16,425 --> 02:24:18,865
I have a 1,350 square foot home.

2819
02:24:19,505 --> 02:24:20,745
I raised two daughters in there.

2820
02:24:20,765 --> 02:24:22,745
So it's my, me and my wife, my two daughters.

2821
02:24:23,885 --> 02:24:24,945
And the home was tight.

2822
02:24:26,545 --> 02:24:29,745
I think this home is just too, it's too intensive of a per

2823
02:24:29,885 --> 02:24:32,945
of a 10 beds is just a lot.

2824
02:24:34,625 --> 02:24:37,265
I can't envision how they're gonna fit it All.

2825
02:24:38,725 --> 02:24:39,545
The lot was

2826
02:24:41,455 --> 02:24:43,865
0.08.

2827
02:24:44,205 --> 02:24:46,305
So it's the teeniest lot possible.

2828
02:24:47,505 --> 02:24:48,745
I know they mentioned that some

2829
02:24:48,745 --> 02:24:49,745
of these people won't be driving,

2830
02:24:50,165 --> 02:24:52,825
but will will staff be driving

2831
02:24:52,825 --> 02:24:55,505
because you've probably got maybe space,

2832
02:24:55,555 --> 02:24:58,905
maybe you can squeeze three cars in that lot.

2833
02:25:04,325 --> 02:25:08,865
So while I think it's, it's a, it's a good cause.

2834
02:25:10,065 --> 02:25:12,065
I just don't think this is the right location.

2835
02:25:12,245 --> 02:25:17,225
Now, in full disclosure, I am a real estate agent.

2836
02:25:18,025 --> 02:25:20,985
I did see this property on the market for, for months.

2837
02:25:24,425 --> 02:25:28,125
The, the owner that owned it prior, I guess

2838
02:25:29,385 --> 02:25:31,925
in my, my humble opinion, was just overpriced.

2839
02:25:33,545 --> 02:25:35,685
And that's probably why it didn't, it did not sell.

2840
02:25:36,625 --> 02:25:40,125
So my question to the board is, you know, where is,

2841
02:25:40,295 --> 02:25:41,445
where is the hardship?

2842
02:25:41,445 --> 02:25:44,805
There's no hardship because you can actually sell that home

2843
02:25:44,805 --> 02:25:45,845
as a single family home.

2844
02:25:48,435 --> 02:25:52,585
There are other locations that may be a better location for,

2845
02:25:52,685 --> 02:25:55,385
for their 10 bid community home.

2846
02:25:55,735 --> 02:25:57,025
This is not, this is not it.

2847
02:25:57,765 --> 02:26:01,425
And I hope, I hope you kind of consider that as well.

2848
02:26:01,485 --> 02:26:02,485
So thank you.

2849
02:26:03,045 --> 02:26:05,985
If, if the applicant were,

2850
02:26:06,985 --> 02:26:10,345
I mean I I'm presuming that they have their designs already

2851
02:26:11,535 --> 02:26:15,465
figured out and I have no doubt Ms. Owen, that I,

2852
02:26:16,085 --> 02:26:17,265
did we get your staff report?

2853
02:26:17,765 --> 02:26:18,905
You did, yes. Alright,

2854
02:26:19,115 --> 02:26:20,115
Thank you.

2855
02:26:20,115 --> 02:26:23,265
Sorry. At some point, what is the

2856
02:26:24,065 --> 02:26:27,305
building inspection in this situation do?

2857
02:26:27,405 --> 02:26:30,665
Is there a category for this? Under the IBC?

2858
02:26:32,335 --> 02:26:34,465
This is going, from my understanding,

2859
02:26:34,465 --> 02:26:36,545
they're converting this existing interior,

2860
02:26:36,605 --> 02:26:39,505
the structure renovating to match their needs.

2861
02:26:39,645 --> 02:26:42,625
I'm not familiar with what they may be proposing in concept,

2862
02:26:43,565 --> 02:26:45,745
but we would be, if it's approved this evening,

2863
02:26:46,255 --> 02:26:47,905
they would still go to the planning board

2864
02:26:47,905 --> 02:26:50,185
and if that is approved, then building permits would be

2865
02:26:50,425 --> 02:26:52,265
required at that point and we'd perform inspections.

2866
02:26:52,495 --> 02:26:56,785
Yeah. So the IBC gives a category for this, this type

2867
02:26:56,785 --> 02:26:57,785
of application.

2868
02:26:57,785 --> 02:27:01,465
Correct. And so I'm just curious if they had been into that

2869
02:27:02,215 --> 02:27:03,785
discussions yet. So

2870
02:27:03,885 --> 02:27:06,905
It is an interesting conversation to bring up and,

2871
02:27:07,005 --> 02:27:09,425
and what I can say is I've been in

2872
02:27:09,585 --> 02:27:10,785
communication with the fire department.

2873
02:27:10,865 --> 02:27:13,185
I believe that the applicant has been in communication

2874
02:27:13,185 --> 02:27:14,905
with the state fire marshal as well.

2875
02:27:14,905 --> 02:27:18,345
Okay. There is an RSA that pushes this type

2876
02:27:18,345 --> 02:27:19,425
of group residents

2877
02:27:19,445 --> 02:27:21,585
to be considered a one and two family home.

2878
02:27:22,525 --> 02:27:26,305
And at that point, there's not a lot of limitation

2879
02:27:26,305 --> 02:27:28,625
that can be put on that other than a full fire alarm

2880
02:27:28,625 --> 02:27:29,785
system is a requirement.

2881
02:27:32,755 --> 02:27:34,135
All right. Well, where I was going

2882
02:27:34,135 --> 02:27:36,935
with it was essentially the fire inspections

2883
02:27:36,955 --> 02:27:39,975
and, you know, subject to inspections and whatnot.

2884
02:27:40,495 --> 02:27:44,255
A DU specifications have been indicated here,

2885
02:27:44,795 --> 02:27:48,495
and I don't have a DU specifications at the top of my head,

2886
02:27:49,355 --> 02:27:53,535
two beds per room, certain radiuses for, you know,

2887
02:27:53,725 --> 02:27:56,375
wheelchairs that all those kind of criteria

2888
02:27:57,285 --> 02:27:58,535
fall into the a DA.

2889
02:27:59,475 --> 02:28:01,055
And my point to you, Mr.

2890
02:28:01,485 --> 02:28:03,695
Ello, is, you know, if,

2891
02:28:03,755 --> 02:28:06,815
if they can only get eight beds in there, you know, how does

2892
02:28:06,815 --> 02:28:11,535
that affect this, this area if,

2893
02:28:12,715 --> 02:28:14,535
if they are able to use it,

2894
02:28:14,595 --> 02:28:18,455
but in a reduced ca capacity, how does that fit for you?

2895
02:28:19,595 --> 02:28:23,605
I'm just gonna revert back to if you think about that and,

2896
02:28:23,625 --> 02:28:25,245
and it was stated that this is,

2897
02:28:25,355 --> 02:28:27,405
this was a single family home, right?

2898
02:28:28,025 --> 02:28:32,725
It isn't a gc so to me it's a, it's a

2899
02:28:33,955 --> 02:28:37,045
preexisting non-conforming because the house is 1905.

2900
02:28:37,065 --> 02:28:41,085
If you can put yourself back to 1905, my house is 1902.

2901
02:28:41,945 --> 02:28:44,245
So that whole area was all small little houses.

2902
02:28:44,505 --> 02:28:45,965
And you can take a look at the map

2903
02:28:45,965 --> 02:28:48,485
and you'll see the streets behind it.

2904
02:28:48,595 --> 02:28:51,045
They're all residential, they're all teeny homes.

2905
02:28:53,665 --> 02:28:58,085
Yep. And so really the, the flavor of that to the day was

2906
02:28:58,605 --> 02:28:59,605
a single family home.

2907
02:28:59,665 --> 02:29:00,885
That's what it's been since

2908
02:29:01,245 --> 02:29:02,605
nineteen oh five, a hundred twenty one

2909
02:29:02,605 --> 02:29:03,845
years of single family home.

2910
02:29:05,425 --> 02:29:06,685
As I mentioned, I have nothing

2911
02:29:06,685 --> 02:29:08,085
against what they're trying to do.

2912
02:29:08,285 --> 02:29:09,325
I think it's the program. It's great.

2913
02:29:09,525 --> 02:29:11,445
I think the program's great. I just think

2914
02:29:11,445 --> 02:29:12,485
it's in the wrong location.

2915
02:29:13,365 --> 02:29:15,325
I think it's just too, too intense

2916
02:29:15,325 --> 02:29:17,725
because you can't, I mean, if you think about it,

2917
02:29:18,385 --> 02:29:21,045
the acreage of land I have is 0.32.

2918
02:29:21,205 --> 02:29:24,685
I have a third of an acre. Okay? Mm. Which is a tight lot.

2919
02:29:25,875 --> 02:29:27,365
0.08.

2920
02:29:28,185 --> 02:29:30,165
Yep. That's extremely tight.

2921
02:29:30,275 --> 02:29:31,645
There's really, you know, it's,

2922
02:29:32,155 --> 02:29:34,485
there's not much room to do anything.

2923
02:29:35,355 --> 02:29:39,605
Okay. So anyway, I I, I think from, from that standpoint,

2924
02:29:40,645 --> 02:29:41,645
I don't see the hardship

2925
02:29:41,645 --> 02:29:43,605
because it can be sold as a single family home.

2926
02:29:44,515 --> 02:29:46,645
Well, in all fairness, I don't know that I heard

2927
02:29:46,645 --> 02:29:51,255
that they were, that the owner was necessarily

2928
02:29:51,325 --> 02:29:53,575
desperate to sell to them.

2929
02:29:53,775 --> 02:29:57,855
I heard that they may have been under some kind of agreement

2930
02:29:58,115 --> 02:30:00,495
and they were waiting for this to come together

2931
02:30:00,795 --> 02:30:02,895
and they couldn't get be before the board.

2932
02:30:02,915 --> 02:30:04,655
I'm thinking I, I understand, I understand

2933
02:30:04,655 --> 02:30:06,055
how real estate works, the process

2934
02:30:06,235 --> 02:30:07,815
and everything is probably a purchase

2935
02:30:07,815 --> 02:30:09,655
and sale with a conditional, right.

2936
02:30:09,795 --> 02:30:11,095
If they don't get the approval

2937
02:30:11,115 --> 02:30:12,615
of the deal, probably won't happen.

2938
02:30:12,875 --> 02:30:15,735
Yep. I get that and I understand that

2939
02:30:15,875 --> 02:30:17,255
and I have empathy for them.

2940
02:30:18,275 --> 02:30:19,935
But, you know, DER's a big town.

2941
02:30:20,445 --> 02:30:22,415
There's probably plenty of other places that

2942
02:30:22,565 --> 02:30:25,695
that would be a better fit in my personal opinion.

2943
02:30:27,515 --> 02:30:30,095
So that's, that's all. That's all I gotta say. Okay,

2944
02:30:30,205 --> 02:30:31,205
Very good.

2945
02:30:31,205 --> 02:30:33,655
Any questions for Mr. Chair?

2946
02:30:33,715 --> 02:30:36,735
Ch No gestures there. All right, we are good.

2947
02:30:36,735 --> 02:30:38,135
Anybody else in opposition?

2948
02:30:40,035 --> 02:30:41,415
All right, we have a letter for record.

2949
02:30:41,855 --> 02:30:43,215
Ms. Moore, you wish to read that.

2950
02:30:45,645 --> 02:30:47,135
This is from the owner

2951
02:30:47,235 --> 02:30:50,775
of 43.5 Crystal Ave.

2952
02:30:51,435 --> 02:30:53,135
He says the town along

2953
02:30:53,135 --> 02:30:57,095
with myself are all working on a retail corridor

2954
02:30:57,965 --> 02:31:01,895
with limited frontage on Crystal Ave and Broadway.

2955
02:31:02,685 --> 02:31:06,415
That use is contrary to public interest.

2956
02:31:06,835 --> 02:31:08,815
We need to compete with Woodmont

2957
02:31:09,275 --> 02:31:11,295
and not lose valuable frontage.

2958
02:31:12,325 --> 02:31:15,255
That use does not meet the spirit of the ordinance.

2959
02:31:15,655 --> 02:31:19,885
Observed that use in no way meets the underlying

2960
02:31:20,235 --> 02:31:22,005
underlining intent

2961
02:31:22,105 --> 02:31:26,725
and general objectives of the zoning regulation

2962
02:31:26,945 --> 02:31:28,125
for that district.

2963
02:31:29,315 --> 02:31:33,205
That is a large component of retail restaurants attracting

2964
02:31:33,205 --> 02:31:38,005
that will attract pedestrians from all over SNH.

2965
02:31:38,995 --> 02:31:41,365
That use does not warrant relief.

2966
02:31:41,795 --> 02:31:44,045
Substantial justice will not be done.

2967
02:31:44,795 --> 02:31:47,485
This relief does not benefit the applicant,

2968
02:31:47,865 --> 02:31:50,565
but does cause harm and loss to the public

2969
02:31:50,785 --> 02:31:54,045
and neighbors removing one of the few

2970
02:31:54,565 --> 02:31:58,925
locations on the main downtown road for retail traffic.

2971
02:31:59,715 --> 02:32:02,565
Finally, there's definitely no hardship.

2972
02:32:03,015 --> 02:32:06,885
There is no special conditions at the property

2973
02:32:06,955 --> 02:32:10,805
that distinguishes it from other properties in the area.

2974
02:32:11,595 --> 02:32:15,405
That property can be reasonably used in compliance

2975
02:32:16,395 --> 02:32:20,205
with the ordinance and zone it is in, it may be used

2976
02:32:20,225 --> 02:32:21,285
for retail offices

2977
02:32:22,385 --> 02:32:26,925
or most importantly it is ripe for assemble,

2978
02:32:27,855 --> 02:32:32,285
especially when the new four A exit comes in 2028.

2979
02:32:33,375 --> 02:32:36,845
Let's not help shoot the town of dairy in the foot here.

2980
02:32:37,445 --> 02:32:38,565
I understand the use

2981
02:32:38,785 --> 02:32:42,525
and substance abuse is allowed in every area,

2982
02:32:42,865 --> 02:32:45,165
but zoning cannot allow this use

2983
02:32:45,475 --> 02:32:50,165
that ultimately will cause harm to deny it's tax space

2984
02:32:50,425 --> 02:32:52,125
and economic development.

2985
02:32:52,385 --> 02:32:56,045
Thanks, Steve. 43.5. Crystal Ave.

2986
02:32:56,405 --> 02:33:00,925
H-A-M-B-I don't bergeron. LLC.

2987
02:33:01,865 --> 02:33:03,085
And that concludes the reading.

2988
02:33:03,835 --> 02:33:08,765
That was 43.5 Crystal Ave. Yes. Is that correct?

2989
02:33:09,065 --> 02:33:11,005
Yes. Yeah. Okay. All right. Very good.

2990
02:33:12,875 --> 02:33:16,685
Anybody else wish to speak on this? Let's see. No one rise.

2991
02:33:17,545 --> 02:33:21,085
Any other questions from the board or considerations?

2992
02:33:22,825 --> 02:33:23,825
All right,

2993
02:33:26,225 --> 02:33:27,245
If I may respond, Mr.

2994
02:33:27,245 --> 02:33:29,285
Chair. Sure. I'll be brief.

2995
02:33:29,645 --> 02:33:31,125
Just a couple points of clarification.

2996
02:33:31,825 --> 02:33:34,405
The residence currently is three bed, two bath.

2997
02:33:34,405 --> 02:33:36,685
There's previously stated three bed, one bath.

2998
02:33:37,825 --> 02:33:39,645
It is 1800 square feet.

2999
02:33:40,125 --> 02:33:42,845
I think one of the abutters in oppositions

3000
02:33:42,845 --> 02:33:44,245
that it was 1500 square feet.

3001
02:33:45,665 --> 02:33:49,285
The Manchester Revive Group residence is roughly

3002
02:33:49,425 --> 02:33:50,645
2000 square feet.

3003
02:33:51,435 --> 02:33:53,925
Just for comparison. It's extra 2000 to

3004
02:33:53,925 --> 02:33:56,205
what we're proposing here in terms

3005
02:33:56,205 --> 02:33:58,205
of full capacity of the 10 beds.

3006
02:33:59,065 --> 02:34:01,885
Revive anticipates roughly around 80%

3007
02:34:01,885 --> 02:34:03,325
of it being filled at one time.

3008
02:34:03,545 --> 02:34:05,685
So there will be times obviously

3009
02:34:06,135 --> 02:34:09,405
where it's not fully capacity, full capacity

3010
02:34:11,345 --> 02:34:12,565
in terms of the hardship.

3011
02:34:13,935 --> 02:34:16,245
Where else is the applicant supposed to go?

3012
02:34:16,395 --> 02:34:19,965
There's no permitted use of group residents in the town.

3013
02:34:20,595 --> 02:34:23,845
When we look at the district's writ large, the commercial

3014
02:34:24,425 --> 02:34:28,125
GC GC district has, is the best district

3015
02:34:28,795 --> 02:34:30,725
that retains, you know, to the sphere of the ordinance.

3016
02:34:30,725 --> 02:34:34,205
It's a versatile district that caters

3017
02:34:34,205 --> 02:34:36,165
to residential and commercial.

3018
02:34:37,345 --> 02:34:39,925
In terms of special conditions, you know, as we stated,

3019
02:34:40,445 --> 02:34:42,405
this is close to the Dairy Friendship Center

3020
02:34:42,415 --> 02:34:45,645
where the residents can walk to without getting vehicles,

3021
02:34:45,645 --> 02:34:47,405
which is of course getting outta treatment

3022
02:34:47,405 --> 02:34:48,565
is a serious concern.

3023
02:34:50,185 --> 02:34:52,365
And it's, you know, there's a commercial

3024
02:34:53,325 --> 02:34:56,325
building if you're facing, revived from the street

3025
02:34:56,325 --> 02:34:58,285
to the right I believe is State Farm.

3026
02:34:58,995 --> 02:35:00,565
There's residents rule behind them.

3027
02:35:01,745 --> 02:35:04,045
So this is a mixed use block

3028
02:35:04,745 --> 02:35:06,245
and we think the central character in the

3029
02:35:06,245 --> 02:35:07,405
neighborhood doesn't change.

3030
02:35:08,585 --> 02:35:10,445
So, you know, for the reasons we stated in terms

3031
02:35:10,445 --> 02:35:13,165
of the criteria and addressing the words in opposition,

3032
02:35:13,865 --> 02:35:17,285
we feel that this is a permitted, a permissible use.

3033
02:35:17,385 --> 02:35:19,325
You know, before the board.

3034
02:35:19,745 --> 02:35:22,085
And we, you know, thank you for your consideration.

3035
02:35:24,025 --> 02:35:27,165
Is, is the board to consi to

3036
02:35:28,525 --> 02:35:29,645
consider this just

3037
02:35:29,645 --> 02:35:33,805
because there's no other approved location in the community

3038
02:35:33,825 --> 02:35:36,405
for such a, such a use?

3039
02:35:37,225 --> 02:35:39,205
Or is is

3040
02:35:41,795 --> 02:35:45,485
case law indicating that this

3041
02:35:46,425 --> 02:35:50,125
should, should be approved for that?

3042
02:35:50,155 --> 02:35:53,565
Because there's no other place in the community for it?

3043
02:35:54,865 --> 02:35:57,325
If I understand your question you're asking does,

3044
02:35:57,345 --> 02:35:59,045
is is there a reason for the board

3045
02:35:59,065 --> 02:36:02,405
to prove this based on there's no permitted use, right.

3046
02:36:03,025 --> 02:36:04,725
I'm not exactly sure on the question of that.

3047
02:36:06,075 --> 02:36:10,245
It's perfectly within the court's capacity.

3048
02:36:10,945 --> 02:36:14,325
You know, obviously to hear this variance and,

3049
02:36:14,325 --> 02:36:15,845
and the reasons we're bringing this in,

3050
02:36:15,845 --> 02:36:18,765
this strict district, we think are, you know,

3051
02:36:19,435 --> 02:36:20,725
dispositive in our favor

3052
02:36:20,725 --> 02:36:23,405
because of the reasons outlined of the versatility

3053
02:36:23,825 --> 02:36:25,325
of the GC district.

3054
02:36:26,535 --> 02:36:28,325
There are a lot of, you know,

3055
02:36:28,705 --> 02:36:30,165
the applicant didn't just look here,

3056
02:36:30,165 --> 02:36:31,325
they looked else elsewhere.

3057
02:36:32,115 --> 02:36:35,005
This property popped up, the proximity

3058
02:36:35,105 --> 02:36:36,445
to the friendship center was attractive

3059
02:36:37,065 --> 02:36:39,325
and everything else seemed to fall into place.

3060
02:36:40,225 --> 02:36:42,725
So to answer your question, I don't know on the case law,

3061
02:36:43,785 --> 02:36:46,725
but this is a variance before the board

3062
02:36:47,145 --> 02:36:48,525
and they have, you know, it's,

3063
02:36:48,785 --> 02:36:50,805
that's the way it's positioned right now for,

3064
02:36:50,865 --> 02:36:51,965
for acceptance or denial.

3065
02:36:53,715 --> 02:36:56,725
What is the, what are the other, I guess,

3066
02:36:58,485 --> 02:37:00,525
locations that are being sought

3067
02:37:00,525 --> 02:37:02,965
after for this type of application?

3068
02:37:03,105 --> 02:37:05,965
Not just in this community, but, but elsewhere?

3069
02:37:06,105 --> 02:37:10,405
Why is it this parcel here becomes so,

3070
02:37:12,155 --> 02:37:14,685
becomes a motivation for this with your

3071
02:37:14,685 --> 02:37:15,685
Client?

3072
02:37:15,965 --> 02:37:17,965
I think Jessica can probably speak better to that,

3073
02:37:17,965 --> 02:37:19,325
but she's welcome to come up.

3074
02:37:19,685 --> 02:37:21,125
Jessica, you can come up if you want.

3075
02:37:21,385 --> 02:37:25,005
But I, I will say, I mean the Manchester for example,

3076
02:37:25,505 --> 02:37:30,045
as you heard, the the the center, the,

3077
02:37:30,145 --> 02:37:32,245
the West Manchester location was attractive for

3078
02:37:32,245 --> 02:37:34,405
that group residence because the proximity to the center,

3079
02:37:35,355 --> 02:37:37,845
they're gonna be, you know, walking to AA meetings,

3080
02:37:38,645 --> 02:37:39,885
engaging in, you know, education.

3081
02:37:41,145 --> 02:37:43,165
So keeping it urban

3082
02:37:43,465 --> 02:37:46,365
and confined is attractive to my client.

3083
02:37:46,385 --> 02:37:47,885
But I'm sure Jessica can also speak to,

3084
02:37:47,905 --> 02:37:49,045
to that consideration as well.

3085
02:37:49,715 --> 02:37:52,925
Yeah. This, this location in particular,

3086
02:37:53,035 --> 02:37:54,725
this was like the fourth location

3087
02:37:54,725 --> 02:37:57,045
that we looked at here specifically in dairy,

3088
02:37:57,545 --> 02:37:59,245
it was closer to businesses.

3089
02:37:59,625 --> 02:38:02,085
So for our residents to get to work,

3090
02:38:02,195 --> 02:38:05,205
this would've been the most convenient location out

3091
02:38:05,205 --> 02:38:06,845
of all four places that we looked at.

3092
02:38:07,645 --> 02:38:09,165
It was also the closest location

3093
02:38:09,165 --> 02:38:11,485
to the Dairy Friendship center that we looked at.

3094
02:38:12,475 --> 02:38:15,565
It's smaller in size than other buildings that we looked at,

3095
02:38:15,565 --> 02:38:18,125
believe it or not, which we thought would be more manageable

3096
02:38:18,225 --> 02:38:21,285
and create less hardship on the dairy community than,

3097
02:38:21,585 --> 02:38:23,685
you know, the million dollar buildings

3098
02:38:23,685 --> 02:38:25,045
that we were looking at elsewhere.

3099
02:38:26,345 --> 02:38:31,245
And also it's the Crystal Ave being a main route.

3100
02:38:31,825 --> 02:38:35,525
We thought with the public parking being an option,

3101
02:38:36,065 --> 02:38:39,165
you know, in case people had visitors, lots

3102
02:38:39,165 --> 02:38:41,965
of things in the area pizza places

3103
02:38:41,965 --> 02:38:43,365
that people can get jobs at.

3104
02:38:44,415 --> 02:38:49,405
There is the community

3105
02:38:49,465 --> 02:38:53,845
action, sorry, the, there's a partner like directly

3106
02:38:54,365 --> 02:38:55,725
adjacent to us at Sal's.

3107
02:38:56,555 --> 02:39:00,405
There's other nonprofits in the area

3108
02:39:01,105 --> 02:39:03,245
on the road to wellness is not far from here.

3109
02:39:03,425 --> 02:39:05,365
So if we were having someone that was struggling

3110
02:39:05,365 --> 02:39:07,205
with mental health, we would call

3111
02:39:07,205 --> 02:39:08,285
our friends over from there.

3112
02:39:08,305 --> 02:39:11,125
If it was something we couldn't manage, we really thought

3113
02:39:11,125 --> 02:39:14,125
that this would be the best location for us for

3114
02:39:14,125 --> 02:39:15,285
what we were looking to do.

3115
02:39:15,335 --> 02:39:18,685
Given its travel ability, you know

3116
02:39:20,185 --> 02:39:22,405
how it's located with other things.

3117
02:39:22,405 --> 02:39:26,565
There's parks in the area, there is a little bit of,

3118
02:39:26,705 --> 02:39:31,325
you know, grassy area that is pretty private so

3119
02:39:31,325 --> 02:39:33,725
that like if you know residents are outside,

3120
02:39:34,145 --> 02:39:37,005
you can't really see them congregating 'cause there's fences

3121
02:39:37,145 --> 02:39:38,685
and the shed in the way.

3122
02:39:39,365 --> 02:39:41,285
We also like the idea of the shed

3123
02:39:41,345 --> 02:39:44,605
and we're hoping to be able to kind of renovate

3124
02:39:44,605 --> 02:39:48,405
that a little bit into some staff offices in a group room

3125
02:39:48,495 --> 02:39:50,205
where people can come from all over

3126
02:39:50,265 --> 02:39:51,885
and participate in our meetings

3127
02:39:53,105 --> 02:39:55,725
and being able to utilize the dairy friendship center.

3128
02:39:56,545 --> 02:39:59,405
So if case in people don't like the meetings we're doing,

3129
02:39:59,405 --> 02:40:02,045
there's an option for them to go to there

3130
02:40:02,105 --> 02:40:03,445
and it's walking distance

3131
02:40:03,445 --> 02:40:04,885
where they don't have to find rides.

3132
02:40:06,105 --> 02:40:08,005
We do intend on providing transportation.

3133
02:40:08,465 --> 02:40:10,205
So if people do need to get places,

3134
02:40:10,475 --> 02:40:12,245
it's not like they're gonna be walking around

3135
02:40:12,345 --> 02:40:13,565
or calling Lyft rides.

3136
02:40:13,565 --> 02:40:15,885
We'll be providing them the rides ourselves.

3137
02:40:16,705 --> 02:40:18,765
We really thought this was the best fit for us.

3138
02:40:19,755 --> 02:40:22,685
Okay. Have you, have you talked with a designer

3139
02:40:22,745 --> 02:40:25,925
or engineer or had designs for this space and you think

3140
02:40:26,225 --> 02:40:28,405
Yes, Warren Street Architects is here with us tonight

3141
02:40:28,405 --> 02:40:31,325
and they have done preliminary drawings for us.

3142
02:40:31,715 --> 02:40:34,125
Okay. Any other questions from the board?

3143
02:40:35,145 --> 02:40:37,525
Seeing no gestures, Mr. Tripp. Okay.

3144
02:40:39,105 --> 02:40:42,085
Mr. Ello said that there was what,

3145
02:40:43,015 --> 02:40:44,725
three bedrooms and two baths.

3146
02:40:45,625 --> 02:40:49,845
So are there other, any other amenities

3147
02:40:50,045 --> 02:40:51,725
that are available within the house?

3148
02:40:51,755 --> 02:40:54,165
Like a, a dining area, kitchen?

3149
02:40:54,895 --> 02:40:57,725
There will be an accessible dining room in kitchen area.

3150
02:40:57,725 --> 02:41:01,005
There'll be a group communal like TV room

3151
02:41:01,575 --> 02:41:03,725
space on the first floor.

3152
02:41:03,865 --> 02:41:08,205
We anticipate having at least one a DA

3153
02:41:08,335 --> 02:41:10,005
accessible double bedroom.

3154
02:41:10,995 --> 02:41:14,525
That little off to the side to the right there.

3155
02:41:14,525 --> 02:41:16,245
That will be our staff bedroom

3156
02:41:16,475 --> 02:41:18,445
that also has its own bathroom.

3157
02:41:18,945 --> 02:41:20,885
We will be installing another bathroom,

3158
02:41:20,945 --> 02:41:22,405
so there will be three in there.

3159
02:41:23,985 --> 02:41:25,085
And then I mentioned

3160
02:41:25,185 --> 02:41:28,685
how we intend on converting the garage into a shared meeting

3161
02:41:28,695 --> 02:41:30,445
space as well as staff offices

3162
02:41:31,545 --> 02:41:34,085
and the three rooms upstairs will all be

3163
02:41:35,545 --> 02:41:37,205
one we know will definitely be a double

3164
02:41:38,185 --> 02:41:40,885
and then one might end up being a single depending on the

3165
02:41:40,885 --> 02:41:45,445
space, but we don't intend on crowding the area.

3166
02:41:49,875 --> 02:41:53,485
Okay. All set Mr. Trip? Yep. Thank you much. Alright

3167
02:41:53,655 --> 02:41:54,655
Folks.

3168
02:41:54,655 --> 02:41:57,245
All set? Okay, anything else you wanna tell us?

3169
02:41:57,735 --> 02:42:00,565
Thank You. Okay, with that we'll take a motion.

3170
02:42:00,665 --> 02:42:01,685
Go into deliberation.

3171
02:42:02,785 --> 02:42:05,325
So moved. Mr. Trip motions. Mr.

3172
02:42:05,505 --> 02:42:08,525
Donlin, you wanna help out? Second. Thank you.

3173
02:42:09,145 --> 02:42:12,085
All in favor of deliberation, say aye. Aye.

3174
02:42:12,345 --> 02:42:12,565
Aye.

3175
02:42:17,235 --> 02:42:22,085
Anybody wish to lead off in discussions? Mr.

3176
02:42:22,235 --> 02:42:23,765
Dietzel, you have anything you wanna say?

3177
02:42:25,515 --> 02:42:30,125
Well, It's well established

3178
02:42:30,235 --> 02:42:35,165
that because something is a good idea is

3179
02:42:35,185 --> 02:42:39,525
not in and of itself sufficient to grant a variance.

3180
02:42:41,765 --> 02:42:44,525
I would be hard pressed to say that this isn't a good idea.

3181
02:42:46,385 --> 02:42:49,805
The need for this type of service is, is

3182
02:42:51,605 --> 02:42:53,085
indisputable and well known.

3183
02:42:54,145 --> 02:42:59,045
But I have concerns with the location

3184
02:43:00,265 --> 02:43:04,965
and the general overall purpose of the ordinance in

3185
02:43:04,965 --> 02:43:08,405
that we want to, to create a,

3186
02:43:09,085 --> 02:43:13,165
a more vibrant business

3187
02:43:13,475 --> 02:43:15,405
community in that area that'll

3188
02:43:15,645 --> 02:43:19,885
generate business activity.

3189
02:43:22,225 --> 02:43:27,215
So while I, I certainly

3190
02:43:28,995 --> 02:43:32,655
admire these folks for their, their commitment and,

3191
02:43:33,395 --> 02:43:35,055
and certainly the people that they're,

3192
02:43:35,325 --> 02:43:39,855
that they're helping are, are fine examples of, of

3193
02:43:39,855 --> 02:43:41,735
what these programs can accomplish.

3194
02:43:42,535 --> 02:43:45,775
I just, I don't think any of the five criteria met

3195
02:43:45,775 --> 02:43:46,775
and I can't support this.

3196
02:43:50,445 --> 02:43:54,935
Mrs. Moore, My biggest

3197
02:43:55,285 --> 02:43:57,615
concern was advertising.

3198
02:43:59,375 --> 02:44:03,495
I understand that we have to compete

3199
02:44:03,495 --> 02:44:07,895
with something like Woodmont, but it's postage stamp.

3200
02:44:08,115 --> 02:44:09,575
You can't put Kmart there.

3201
02:44:09,795 --> 02:44:13,815
You can keep it as a, a house.

3202
02:44:14,575 --> 02:44:16,535
I know a family of six that lived there,

3203
02:44:16,915 --> 02:44:19,215
so I know it's suitable housing,

3204
02:44:21,995 --> 02:44:23,815
but if not there, then where

3205
02:44:25,595 --> 02:44:27,495
that's what's going on in my head.

3206
02:44:28,135 --> 02:44:32,335
I do know that on the news last night it said Manchester

3207
02:44:32,555 --> 02:44:36,255
didn't have a have an overdose for the whole month,

3208
02:44:36,315 --> 02:44:38,335
for the first time since 2015.

3209
02:44:39,355 --> 02:44:43,455
So addiction, I know it's everywhere and it, it's hard.

3210
02:44:46,195 --> 02:44:48,975
Mr. Donlin. Yes sir.

3211
02:44:50,805 --> 02:44:54,615
Well, I don't completely agree with everything

3212
02:44:54,615 --> 02:44:55,615
that's been said so far.

3213
02:44:55,695 --> 02:44:57,455
I am struggling with a couple of points here.

3214
02:44:58,325 --> 02:45:03,255
I'll start with mainly, this is obviously

3215
02:45:03,675 --> 02:45:05,095
an admirable idea,

3216
02:45:06,355 --> 02:45:10,975
but I'm trying to think about it as like a,

3217
02:45:11,155 --> 02:45:12,335
the burden on the lot.

3218
02:45:12,635 --> 02:45:14,935
So let's say when they're so successful

3219
02:45:14,935 --> 02:45:16,455
that they're moving on to a bigger

3220
02:45:16,475 --> 02:45:18,375
and better establishment with 20 beds.

3221
02:45:18,995 --> 02:45:23,255
God willing, if we, if we were,

3222
02:45:23,795 --> 02:45:26,615
if they were proposing someone bought this property

3223
02:45:26,635 --> 02:45:30,815
and was proposing to put, to turn this into a three family

3224
02:45:31,045 --> 02:45:32,335
with two, three bedrooms

3225
02:45:32,335 --> 02:45:35,175
and a four bedroom, it,

3226
02:45:35,235 --> 02:45:37,335
it would certainly shine a different light.

3227
02:45:38,425 --> 02:45:40,735
Right? Can we agree on that?

3228
02:45:41,245 --> 02:45:44,215
That would be 10 beds if my mats correct, it is late.

3229
02:45:45,875 --> 02:45:48,495
So what's, what's to happen

3230
02:45:48,675 --> 02:45:50,895
to the property later down the road?

3231
02:45:53,395 --> 02:45:55,655
We are just gonna have a single family house

3232
02:45:55,765 --> 02:46:00,135
with three bedrooms in it that's now a hotel basically.

3233
02:46:03,605 --> 02:46:05,345
Not sure I get the correlation there.

3234
02:46:06,135 --> 02:46:08,865
Well, I'm just saying that there's nothing, the, the,

3235
02:46:12,065 --> 02:46:16,005
I'm not necessarily opposed to the use variance.

3236
02:46:16,425 --> 02:46:20,045
I'm struggling with the, the quantity of

3237
02:46:20,735 --> 02:46:22,205
quote unquote beds. I

3238
02:46:22,205 --> 02:46:27,165
See you're making, you're drawing an equivalence

3239
02:46:27,465 --> 02:46:31,525
to what, what kind of house size would have to be there

3240
02:46:31,545 --> 02:46:33,125
to accommodate those beds?

3241
02:46:34,155 --> 02:46:39,125
Certainly in just, I guess it may not necessarily be

3242
02:46:40,325 --> 02:46:42,285
relevant, but I'm trying to think about the,

3243
02:46:43,355 --> 02:46:46,885
just looking at it from a different angle was like if this

3244
02:46:46,885 --> 02:46:50,805
was, you know, if they were just saying, oh, I want

3245
02:46:50,805 --> 02:46:52,605
to convert this to a two family and,

3246
02:46:52,745 --> 02:46:54,245
and have a third as an A DU

3247
02:46:54,245 --> 02:46:57,885
or what have you, how many bedrooms would you think is

3248
02:46:57,885 --> 02:47:00,005
appropriate for that size house and lot?

3249
02:47:01,685 --> 02:47:03,045
I struggle to get to 10.

3250
02:47:04,715 --> 02:47:09,045
Well, I think when you look at a DU configurations radius,

3251
02:47:09,575 --> 02:47:13,285
wheelchair radiuses, water bubblers,

3252
02:47:13,335 --> 02:47:14,885
those kind of considerations.

3253
02:47:16,275 --> 02:47:20,405
Similarly, how many beds can fit in a hospital room versus

3254
02:47:21,025 --> 02:47:24,285
what's the minimum bedroom size requirement

3255
02:47:24,385 --> 02:47:25,805
for a residential bedroom.

3256
02:47:27,825 --> 02:47:30,365
The A DU specifications are different

3257
02:47:30,425 --> 02:47:34,365
and come with certain qualifications and specifications.

3258
02:47:35,125 --> 02:47:36,365
A-D-A-A-D-A,

3259
02:47:36,425 --> 02:47:37,425
I'm sorry.

3260
02:47:38,075 --> 02:47:39,245
Yeah. And,

3261
02:47:40,545 --> 02:47:45,125
and so in that regard, it's not impossible to consider

3262
02:47:45,155 --> 02:47:47,965
that perhaps 10, 10

3263
02:47:49,115 --> 02:47:52,285
beds could fit in in a similar facility.

3264
02:47:53,145 --> 02:47:55,805
I'm not a DA specialist,

3265
02:47:55,835 --> 02:47:59,685
I've only dabbled in it at certain times in my work life,

3266
02:48:00,865 --> 02:48:04,485
but usually it has certain criteria to it

3267
02:48:04,875 --> 02:48:08,205
that is unusual from a normal residential bed.

3268
02:48:11,435 --> 02:48:14,525
Just putting that out there, you know, so certainly

3269
02:48:14,525 --> 02:48:18,525
with a residential bedroom, you know, prisons for instance,

3270
02:48:19,445 --> 02:48:22,205
I think you can have an eight inch step whereas

3271
02:48:22,845 --> 02:48:27,165
re residential and any commercial are sevens or seven

3272
02:48:27,225 --> 02:48:29,485
and a halfs up to seven and three quarters.

3273
02:48:30,185 --> 02:48:32,405
So there's that, that specific difference.

3274
02:48:32,585 --> 02:48:34,445
And in design criteria

3275
02:48:35,425 --> 02:48:38,085
for structures and buildings.

3276
02:48:40,145 --> 02:48:44,205
And I think one of the areas that I wrestle with

3277
02:48:44,305 --> 02:48:48,005
and I get I can reflect here is the transition

3278
02:48:48,345 --> 02:48:51,245
of the district and where it is going.

3279
02:48:52,265 --> 02:48:56,965
And even though there were residents along this roadway,

3280
02:48:58,845 --> 02:49:02,045
a transition has happened where buildings are being removed

3281
02:49:03,145 --> 02:49:06,165
to start to meet the criteria

3282
02:49:07,025 --> 02:49:09,605
of our zoning ordinance for this.

3283
02:49:11,065 --> 02:49:15,685
And there's businesses on both sides of this property

3284
02:49:17,675 --> 02:49:20,585
that, that are functioning.

3285
02:49:21,085 --> 02:49:25,465
And so anyway, that's my point,

3286
02:49:25,945 --> 02:49:28,225
counterpoint to the residential aspect

3287
02:49:28,225 --> 02:49:29,705
that you were pointing out Mr. Donley.

3288
02:49:29,725 --> 02:49:31,345
And I agree. And in tying into that,

3289
02:49:31,375 --> 02:49:34,865
it's like if this was, if the, correct me if I'm wrong,

3290
02:49:34,865 --> 02:49:37,785
but I believe if you go a couple houses down,

3291
02:49:38,765 --> 02:49:41,465
you would be in high density residential.

3292
02:49:41,925 --> 02:49:45,145
So I think this would play a lot different, even two,

3293
02:49:45,325 --> 02:49:47,745
two more houses down Howard Street or Laurel, whatever.

3294
02:49:47,845 --> 02:49:49,025
Yep. Whatever one it's on.

3295
02:49:50,365 --> 02:49:52,665
So I, I completely understand that.

3296
02:49:52,685 --> 02:49:53,825
And the GC aspect

3297
02:49:53,825 --> 02:49:57,145
of it does change things in my mind relative to say a house

3298
02:49:57,145 --> 02:50:01,305
that was a couple, you know, a couple mailboxes down.

3299
02:50:02,905 --> 02:50:07,825
I still don't think it changes the overall,

3300
02:50:09,375 --> 02:50:11,385
I'll just say B burden on the lot.

3301
02:50:12,445 --> 02:50:16,765
Okay. Anything else?

3302
02:50:18,585 --> 02:50:20,005
Not at this time. Mr. Trip.

3303
02:50:21,355 --> 02:50:24,525
Well, as, as everyone has said,

3304
02:50:25,115 --> 02:50:27,165
this is a admirable in endeavor.

3305
02:50:30,305 --> 02:50:35,285
The, I don't believe that it's a workable endeavor though.

3306
02:50:37,755 --> 02:50:42,525
It's, it's located in a good spot, you know,

3307
02:50:42,825 --> 02:50:47,805
so that the people that are in recovery

3308
02:50:48,535 --> 02:50:53,145
would be able to go to where the other people,

3309
02:50:53,325 --> 02:50:56,185
the other organizations in the town are, are located,

3310
02:50:56,965 --> 02:51:00,905
you know, so that, it's one of these things that the,

3311
02:51:04,135 --> 02:51:05,735
I I I believe that the,

3312
02:51:06,545 --> 02:51:09,415
there wouldn't be any real treatment done being done at

3313
02:51:10,475 --> 02:51:13,255
the building because the, there's a number

3314
02:51:13,255 --> 02:51:16,615
of other organizations like the Friendship Center,

3315
02:51:17,675 --> 02:51:21,095
the new futures, the On the Road people, you know,

3316
02:51:21,095 --> 02:51:25,135
that would be, you know, assisting in

3317
02:51:26,275 --> 02:51:27,375
the resident's recovery.

3318
02:51:28,195 --> 02:51:32,495
So the building would be essentially just a,

3319
02:51:33,455 --> 02:51:36,375
a place to, for them to live while they're

3320
02:51:38,505 --> 02:51:39,775
going through their recovery.

3321
02:51:40,905 --> 02:51:42,175
Three hots and a cot.

3322
02:51:42,515 --> 02:51:45,815
Yep. Well they, they got a place they can eat,

3323
02:51:46,165 --> 02:51:49,175
they can get cleaned up and they got a place to sleep,

3324
02:51:49,835 --> 02:51:54,455
you know, so no, it's just a matter of is,

3325
02:51:54,515 --> 02:51:59,415
is the building they chose suitable for

3326
02:51:59,415 --> 02:52:01,015
that use?

3327
02:52:02,345 --> 02:52:06,565
And I think as others have said,

3328
02:52:07,225 --> 02:52:12,145
you, it's, I don't think it meets the requirements.

3329
02:52:13,245 --> 02:52:17,705
So it's, and as

3330
02:52:17,965 --> 02:52:20,425
as others have said that there's, you know,

3331
02:52:22,225 --> 02:52:26,475
area is, you know, redeveloping,

3332
02:52:27,455 --> 02:52:29,915
you know, and the building could be used actually the,

3333
02:52:30,115 --> 02:52:31,875
I don't know if they'd actually used the building,

3334
02:52:31,935 --> 02:52:34,875
but the, the land could be used for,

3335
02:52:35,375 --> 02:52:36,795
you know, more productive use.

3336
02:52:37,895 --> 02:52:40,435
So, and that

3337
02:52:40,435 --> 02:52:43,155
after all is why we have zoning ordinances, right?

3338
02:52:43,935 --> 02:52:45,955
To, so

3339
02:52:46,625 --> 02:52:51,315
That is, Well I find that, again,

3340
02:52:51,635 --> 02:52:55,555
I am, I'm perplexed here between the use

3341
02:52:56,455 --> 02:53:01,435
and its admir admirable direction versus

3342
02:53:02,065 --> 02:53:06,235
what we're, what we're to preside over, which is

3343
02:53:07,665 --> 02:53:10,835
what the town's direction is for this strip

3344
02:53:11,255 --> 02:53:13,115
and how far it can get there.

3345
02:53:13,455 --> 02:53:15,875
I'm not sure, but I'm not sure

3346
02:53:15,875 --> 02:53:19,355
that I really think this is the best fit for this

3347
02:53:20,315 --> 02:53:21,595
property location.

3348
02:53:22,355 --> 02:53:25,755
I can see that it can be functional for the purposes.

3349
02:53:26,155 --> 02:53:27,915
I think the arguments

3350
02:53:27,915 --> 02:53:31,995
that we hear is whether is the load on the lot, the,

3351
02:53:32,095 --> 02:53:34,315
the bed load, the so on and so forth.

3352
02:53:35,695 --> 02:53:38,755
But, and so it functions in that way,

3353
02:53:40,575 --> 02:53:44,795
but I fail to see the hardship on this that

3354
02:53:46,345 --> 02:53:48,355
that directs

3355
02:53:51,875 --> 02:53:53,885
that the argument is being produced about.

3356
02:53:54,325 --> 02:53:58,045
I I certainly understand the,

3357
02:53:58,505 --> 02:54:02,885
the public service aspect of it as, as we dig into our

3358
02:54:03,685 --> 02:54:06,485
criteria, the substantial justice to it.

3359
02:54:07,245 --> 02:54:10,125
I don't even really know if the values

3360
02:54:10,265 --> 02:54:12,845
of surrounding properties are diminished by it.

3361
02:54:12,965 --> 02:54:15,685
I can't quite wrap my head around that.

3362
02:54:16,545 --> 02:54:19,685
And even if I saw a date on it, I don't know that I could

3363
02:54:20,595 --> 02:54:22,165
correlate with that either.

3364
02:54:24,905 --> 02:54:26,845
The spirit of the ordinance, I certainly,

3365
02:54:28,425 --> 02:54:30,765
it can't wrap my head around on this either.

3366
02:54:31,185 --> 02:54:35,525
So I'm feeling those frictions in this regard.

3367
02:54:38,575 --> 02:54:40,165
Let's jump ahead and start,

3368
02:54:40,385 --> 02:54:41,605
Mr. Chairman, may I interrupt?

3369
02:54:41,945 --> 02:54:44,445
Yes, sir. Mr. Make a motion to extend this hearing,

3370
02:54:44,845 --> 02:54:46,005
another 15 minutes

3371
02:54:46,025 --> 02:54:50,445
and we also should consider tabling our last item.

3372
02:54:50,775 --> 02:54:53,765
Let's go to 10 15 by Mr.

3373
02:54:55,265 --> 02:54:58,885
Diet's motion. Could he have a second please?

3374
02:54:59,585 --> 02:55:01,405
Second Mr. Donlin seconds.

3375
02:55:01,625 --> 02:55:04,525
All in favor of that extension, say aye. Aye. Aye.

3376
02:55:04,585 --> 02:55:06,525
Any opposed? Hearing none. Thank you Mr.

3377
02:55:06,675 --> 02:55:10,965
Dietzel, did you have anything added you wish

3378
02:55:10,965 --> 02:55:12,325
to say on this matter?

3379
02:55:12,345 --> 02:55:15,245
Mr. Dietzel? You all set? I'm all set. Thank you. Okay.

3380
02:55:15,865 --> 02:55:17,885
All right. Well let's get into structuring the

3381
02:55:20,065 --> 02:55:21,205
motion on this.

3382
02:55:22,385 --> 02:55:27,245
And Mr. Chair, we do have one more case.

3383
02:55:27,595 --> 02:55:30,485
Yeah. Yes, I know we do, sir, but we're in deliberation

3384
02:55:30,785 --> 02:55:32,445
and we'll have to that afterwards.

3385
02:55:32,685 --> 02:55:34,525
I, I appreciate the extension though.

3386
02:55:35,415 --> 02:55:38,845
Let's make a note on this that we're actually changing this

3387
02:55:38,845 --> 02:55:42,685
to 1 65 32 1 A.

3388
02:55:42,705 --> 02:55:46,285
Am I correct? Can you confirm that Ms. Owen? Correct?

3389
02:55:46,305 --> 02:55:47,645
Sounds right. Okay.

3390
02:55:48,555 --> 02:55:51,805
This was subject to obtaining all State Town permits

3391
02:55:51,805 --> 02:55:55,725
and inspections and it was subject to planning board,

3392
02:55:56,075 --> 02:55:57,805
site plan, amendment approval.

3393
02:55:59,225 --> 02:56:03,445
Is there anything else anybody would like to consider as a

3394
02:56:03,995 --> 02:56:07,525
condition on this motion hearing?

3395
02:56:07,585 --> 02:56:08,605
No gestures there.

3396
02:56:14,055 --> 02:56:16,485
We're all set. I guess we can come out of deliberation.

3397
02:56:17,475 --> 02:56:20,485
I'll make that motion to come outta deliberation.

3398
02:56:21,225 --> 02:56:26,005
Second Motion by Mrs. Moore, second by Mr. Tripp.

3399
02:56:26,745 --> 02:56:29,565
All in favor of coming outta deliberation, say aye. Aye.

3400
02:56:29,565 --> 02:56:30,605
Aye. Any opposed?

3401
02:56:34,345 --> 02:56:36,085
Mrs. Warren, you have a motion to read?

3402
02:56:36,445 --> 02:56:39,525
I do. Thank you. I make a motion on case number

3403
02:56:40,065 --> 02:56:44,565
two six dash 1 27 to grant a variance

3404
02:56:44,705 --> 02:56:47,765
to the terms of Article six, section

3405
02:56:48,625 --> 02:56:52,285
1 65 dash 32 1 A

3406
02:56:53,185 --> 02:56:56,325
of the town of dairy zoning ordinance

3407
02:56:57,065 --> 02:57:01,325
to permit the operation of a 10 bed level three

3408
02:57:01,895 --> 02:57:05,725
men's group recovery residence within the

3409
02:57:06,325 --> 02:57:09,285
existing structure on the property parcel id.

3410
02:57:09,375 --> 02:57:13,805
3 2 2 0 zoned GC

3411
02:57:14,465 --> 02:57:17,645
as presented with the following conditions, we have two.

3412
02:57:18,345 --> 02:57:20,645
One subject to obtaining Allstate

3413
02:57:20,645 --> 02:57:22,605
and town permits and inspections.

3414
02:57:23,145 --> 02:57:26,525
Two, subject to planning board site plan,

3415
02:57:26,525 --> 02:57:27,805
amendment approval.

3416
02:57:28,225 --> 02:57:30,005
And that concludes the reading of the motion.

3417
02:57:30,165 --> 02:57:31,925
I need a second, second

3418
02:57:34,795 --> 02:57:39,085
That motion's on the floor, any,

3419
02:57:40,465 --> 02:57:42,725
any adjustment amendments there to that motion.

3420
02:57:43,665 --> 02:57:45,685
All right, moving on to the finding of fact.

3421
02:57:46,875 --> 02:57:50,645
Case number 1 26 1

3422
02:57:50,835 --> 02:57:52,285
dash 1 27.

3423
02:57:55,745 --> 02:57:57,285
Did you change that on that motion?

3424
02:57:58,465 --> 02:57:59,925
She did. Okay, thank you.

3425
02:58:03,065 --> 02:58:07,565
The, this application is in the general commercial zone.

3426
02:58:08,435 --> 02:58:12,565
This application is for a recovery resource center.

3427
02:58:13,665 --> 02:58:17,685
The applicant wished to have 10 beds as part

3428
02:58:17,685 --> 02:58:19,045
of its residence.

3429
02:58:24,775 --> 02:58:26,965
Sorry, I'm doing this one on the fly here.

3430
02:58:32,545 --> 02:58:32,765
And

3431
02:58:38,005 --> 02:58:41,425
the property, the parcel is a

3432
02:58:43,115 --> 02:58:46,305
0.08

3433
02:58:46,535 --> 02:58:48,545
size lot.

3434
02:58:52,125 --> 02:58:56,825
The parcel has, I believe, public water and sewer.

3435
02:59:02,485 --> 02:59:06,145
And with that I'm going to go to the board

3436
02:59:08,085 --> 02:59:09,905
and I'll lead off with Mr.

3437
02:59:10,285 --> 02:59:11,945
Donlin. Mr.

3438
02:59:12,245 --> 02:59:15,665
Donlin, in regards to public interest, what do you,

3439
02:59:16,155 --> 02:59:17,185
where do you think there,

3440
02:59:24,305 --> 02:59:29,025
I would say that the vari in the, in the GC district,

3441
02:59:29,855 --> 02:59:33,185
generally speaking, the variance would not be contrary

3442
02:59:33,185 --> 02:59:34,185
to public interest.

3443
02:59:35,855 --> 02:59:38,225
Okay. Mr. Trip,

3444
02:59:44,145 --> 02:59:44,365
The,

3445
02:59:50,775 --> 02:59:52,925
Would You, this is a, this is a tough call

3446
02:59:52,925 --> 02:59:54,685
because the,

3447
02:59:57,465 --> 02:59:58,645
the services that the,

3448
02:59:59,945 --> 03:00:03,325
the organization would be providing are definitely in

3449
03:00:05,565 --> 03:00:09,865
the public interest, but I,

3450
03:00:10,105 --> 03:00:13,185
I don't believe that the, the, the building

3451
03:00:14,475 --> 03:00:19,145
would make that would enable them

3452
03:00:19,165 --> 03:00:20,945
to achieve those goals.

3453
03:00:22,135 --> 03:00:25,865
Okay. I I believe that you know that

3454
03:00:26,885 --> 03:00:30,025
as it is in the general commercial different district,

3455
03:00:30,575 --> 03:00:34,785
that the property could probably be used for something that

3456
03:00:35,335 --> 03:00:39,585
once again is in the, the public interest.

3457
03:00:39,845 --> 03:00:42,465
But like I said, I don't believe that the, the building

3458
03:00:42,495 --> 03:00:47,065
that exists would enable them to achieve that goal.

3459
03:00:49,645 --> 03:00:52,015
Okay. Mrs. Moore,

3460
03:00:55,415 --> 03:00:57,075
you concur on interest?

3461
03:00:57,115 --> 03:01:00,485
I do, I concur on what Mr. Tripp has stated. Okay.

3462
03:01:02,785 --> 03:01:05,565
Mr. Dietzel? Well, I believe that

3463
03:01:07,025 --> 03:01:09,005
the public interest in the context

3464
03:01:09,185 --> 03:01:13,685
of this particular ordinance is, this is

3465
03:01:14,205 --> 03:01:15,765
contrary to the public interest in

3466
03:01:15,765 --> 03:01:19,165
that the general commercial district is supposed

3467
03:01:19,165 --> 03:01:20,245
to be general commercial

3468
03:01:20,305 --> 03:01:24,205
and the interest is derived from more business,

3469
03:01:24,315 --> 03:01:27,245
more business tax revenue, more jobs and so forth.

3470
03:01:27,665 --> 03:01:31,885
And I just don't see how this is consistent with that goal

3471
03:01:32,265 --> 03:01:35,205
and therefore it's contrary to the public interest. Very

3472
03:01:35,205 --> 03:01:36,205
Good.

3473
03:01:36,965 --> 03:01:41,685
I I will say that I, on the compassion side,

3474
03:01:41,885 --> 03:01:45,005
I do see that this meets the public interest in,

3475
03:01:45,065 --> 03:01:48,005
in the regard that of the service that it provides

3476
03:01:49,745 --> 03:01:50,925
the spirit of the ordinance.

3477
03:01:50,985 --> 03:01:55,485
But I, I see the majority of the board

3478
03:01:56,435 --> 03:01:59,485
does not feel that there, that this is contrary

3479
03:01:59,485 --> 03:02:03,445
to public interest spear the ordinance, Mr.

3480
03:02:03,705 --> 03:02:04,705
Donlin,

3481
03:02:12,955 --> 03:02:15,205
This one's always tough on this side of the road

3482
03:02:15,205 --> 03:02:16,645
because it is gc

3483
03:02:16,645 --> 03:02:19,405
but it is residential, so the spirit of the ordinance is

3484
03:02:21,115 --> 03:02:23,765
already obscure.

3485
03:02:26,595 --> 03:02:30,165
Well, if the ordinance allowed certain specifications,

3486
03:02:30,785 --> 03:02:33,045
and though you have still have,

3487
03:02:33,845 --> 03:02:37,765
I understand you still have non-conforming uses going on.

3488
03:02:40,265 --> 03:02:44,405
The question is, is this so grossly outta line with

3489
03:02:44,555 --> 03:02:46,845
what the intentions of the district were?

3490
03:02:48,065 --> 03:02:52,605
And so your answer to that would be is it grossly outta line

3491
03:02:52,605 --> 03:02:55,365
with the intentions of the, of the ordinance or not?

3492
03:03:00,445 --> 03:03:03,845
I would say no. Okay. Mr.

3493
03:03:04,215 --> 03:03:06,885
Tripp, what say you on that spear of the ordinance?

3494
03:03:07,805 --> 03:03:12,575
I, Mr.

3495
03:03:14,915 --> 03:03:17,615
Donlin answered that it's not gross

3496
03:03:19,435 --> 03:03:23,095
to the spirit of the ordinance or the intended ordinances.

3497
03:03:26,105 --> 03:03:28,135
Would you feel the same? Well,

3498
03:03:28,875 --> 03:03:32,615
The, the issue here is if you do look at the

3499
03:03:33,255 --> 03:03:35,775
approved uses for the general commercial,

3500
03:03:39,495 --> 03:03:40,425
none of them are

3501
03:03:44,365 --> 03:03:46,825
of this type, you know, all the,

3502
03:03:47,045 --> 03:03:50,785
or the uses are, you know, some type of

3503
03:03:51,635 --> 03:03:55,145
commercial organizations with the exception of

3504
03:03:56,765 --> 03:04:00,245
multi-family dwelling, which is essentially probably a, a,

3505
03:04:00,445 --> 03:04:04,125
a holdover from what the district was

3506
03:04:05,885 --> 03:04:10,005
125 years ago. So,

3507
03:04:10,625 --> 03:04:15,085
So in past cases the board evaluates certain uses

3508
03:04:15,085 --> 03:04:18,085
that are not, or that are prohibited

3509
03:04:18,545 --> 03:04:21,565
and sometimes they're seen as oversights.

3510
03:04:22,825 --> 03:04:26,765
The use is an oversight, perhaps an a FL

3511
03:04:27,795 --> 03:04:31,805
license to, to sell firearms.

3512
03:04:32,725 --> 03:04:36,285
I it's possible that sometimes the designers

3513
03:04:36,305 --> 03:04:38,845
of our ordinances may not have considered

3514
03:04:39,075 --> 03:04:40,965
that the federal government may want

3515
03:04:40,965 --> 03:04:42,125
to do something checking.

3516
03:04:42,545 --> 03:04:47,005
So in this regard, does this use, is this gross to the,

3517
03:04:47,905 --> 03:04:49,445
to the listed ordinances

3518
03:04:49,465 --> 03:04:52,165
or is it something that it was an oversight?

3519
03:04:56,645 --> 03:04:59,045
I wouldn't go so far to say it was an oversight.

3520
03:04:59,235 --> 03:05:02,885
Okay. So I would, it would therefore be

3521
03:05:05,865 --> 03:05:06,865
Not gross.

3522
03:05:06,865 --> 03:05:08,645
Not gross. Okay. Very good. Mrs. Moore,

3523
03:05:09,965 --> 03:05:12,805
I feel that it doesn't meet the spirit of the ordinance.

3524
03:05:13,205 --> 03:05:16,485
I know we can't take different cases and compare them,

3525
03:05:17,265 --> 03:05:21,965
but recently I had stated previously

3526
03:05:21,975 --> 03:05:25,925
about it being commercial and keeping it at commercial.

3527
03:05:27,355 --> 03:05:31,045
Okay. And Mr. Dietzel,

3528
03:05:31,725 --> 03:05:33,605
I don't believe it's in the spirit of the ordinance.

3529
03:05:33,625 --> 03:05:36,245
The spirit of the ordinance is to generate commercial

3530
03:05:37,005 --> 03:05:38,845
businesses along that quarter.

3531
03:05:39,475 --> 03:05:42,885
Okay. And I would concur with Mr. Dietzel on that.

3532
03:05:43,145 --> 03:05:47,925
So, and in regards to substantial justice, Mr.

3533
03:05:48,075 --> 03:05:49,365
Dietzel, you wanna lead there?

3534
03:05:50,625 --> 03:05:53,725
It, I believe it's sort of a break even there,

3535
03:05:53,775 --> 03:05:55,565
there is a harm to the community

3536
03:05:55,625 --> 03:05:58,285
and that we're, we'd be losing commercial property

3537
03:05:58,665 --> 03:06:01,725
and there is a benefit obviously to the applicants.

3538
03:06:02,065 --> 03:06:05,965
So I would guess substantial justice is not done

3539
03:06:05,965 --> 03:06:08,805
because it is an outweighed it's sort of a, a balance.

3540
03:06:09,435 --> 03:06:10,725
Okay. Mr. Donlin?

3541
03:06:11,955 --> 03:06:14,325
Yeah, I believe substantial justice is not done

3542
03:06:14,325 --> 03:06:16,045
here either.

3543
03:06:16,915 --> 03:06:21,325
Okay. Mr. Tripp? I agree with everyone else.

3544
03:06:21,715 --> 03:06:24,125
Okay. Mrs. Born I do as well.

3545
03:06:26,785 --> 03:06:29,665
I would say that sub substantial justice

3546
03:06:38,415 --> 03:06:40,395
is not as well.

3547
03:06:43,595 --> 03:06:44,775
And then the val values

3548
03:06:44,875 --> 03:06:47,335
of surrounding properties are not diminished.

3549
03:06:49,315 --> 03:06:50,315
Mr. Dietzel,

3550
03:06:54,045 --> 03:06:56,285
This is difficult, but the,

3551
03:06:56,285 --> 03:06:58,525
the burden really is on the applicant to show

3552
03:06:58,525 --> 03:07:02,325
that it is not, which is kind of a difficult thing

3553
03:07:02,325 --> 03:07:07,245
to prove proven negative, but I am sorry to say

3554
03:07:07,265 --> 03:07:08,525
and, and kind of ashamed,

3555
03:07:08,745 --> 03:07:11,605
but there is a, a sort of not in my backyard attitude

3556
03:07:12,145 --> 03:07:15,165
and I, I think it would diminish the surrounding properties

3557
03:07:15,225 --> 03:07:19,365
in that people would be less attracted to move into

3558
03:07:19,365 --> 03:07:22,605
that area if we had that type of facility.

3559
03:07:22,985 --> 03:07:24,125
All right. Mr. Donlin,

3560
03:07:34,185 --> 03:07:34,405
Mr.

3561
03:07:34,515 --> 03:07:37,285
Trip, I'll come back to you. Mr. Donlin. Thank you.

3562
03:07:38,645 --> 03:07:42,115
I believe that the,

3563
03:07:47,635 --> 03:07:48,655
the potential value

3564
03:07:49,985 --> 03:07:52,365
of the surrounding properties will be diminished.

3565
03:07:52,795 --> 03:07:56,645
Okay. Should the, the variance be approved.

3566
03:07:57,155 --> 03:07:59,365
Very good. Ms. Moore?

3567
03:08:00,405 --> 03:08:01,405
I like how Mr.

3568
03:08:01,575 --> 03:08:06,045
Tripp worded it because I know I would let everyone live

3569
03:08:06,045 --> 03:08:09,765
with me, so it's not, not in my backyard type of thing,

3570
03:08:09,785 --> 03:08:12,885
but the potential for that lot is

3571
03:08:13,735 --> 03:08:14,925
being taken away.

3572
03:08:16,205 --> 03:08:18,405
I, I would concur on that as well.

3573
03:08:18,725 --> 03:08:21,165
I I think that it's unfortunate

3574
03:08:21,345 --> 03:08:23,725
and, you know, versus the friendship center,

3575
03:08:24,105 --> 03:08:27,565
its location versus this, you see

3576
03:08:28,445 --> 03:08:30,845
possibly an effect on, on that neighborhood

3577
03:08:31,465 --> 03:08:35,525
or even perhaps some potential businesses.

3578
03:08:35,525 --> 03:08:37,165
Mr. Donlin, you wanna weigh in?

3579
03:08:37,705 --> 03:08:39,685
Yes. No, I thank you. I was having a hard time

3580
03:08:39,685 --> 03:08:43,365
articulating that, that was well said.

3581
03:08:43,825 --> 03:08:46,525
All right. Very good. And,

3582
03:08:48,265 --> 03:08:49,605
and then to the hardship,

3583
03:08:49,795 --> 03:08:53,485
literal enforcement creates an unnecessary hardship.

3584
03:08:54,025 --> 03:08:55,805
Mr. Dietzel, what do you, what do you think?

3585
03:08:56,875 --> 03:08:59,645
Well, the point was made earlier that they,

3586
03:09:00,035 --> 03:09:04,325
they entered into this real estate deal knowing

3587
03:09:04,795 --> 03:09:08,165
that what they were asking was not in compliance with the,

3588
03:09:08,165 --> 03:09:09,565
with the ordinances and,

3589
03:09:09,705 --> 03:09:13,445
and the fact that they had to hurry through the closing is,

3590
03:09:13,625 --> 03:09:17,325
is unfortunate, but the hardship is sort of self-imposed

3591
03:09:17,625 --> 03:09:20,725
and I just don't see anything particular about this piece

3592
03:09:20,725 --> 03:09:25,685
of property that makes it literal enforcement

3593
03:09:27,425 --> 03:09:29,365
And the property be used in strict

3594
03:09:29,365 --> 03:09:30,685
conformance with the ordinance.

3595
03:09:31,145 --> 03:09:33,685
Yes. Thank you. Very good. Strict conformance would not

3596
03:09:33,795 --> 03:09:34,795
Alright.

3597
03:09:35,985 --> 03:09:40,525
And no, and in that regard, just to expedite, Mr.

3598
03:09:40,755 --> 03:09:44,685
Dietzel has well spoken on the little enforcement creates

3599
03:09:44,835 --> 03:09:46,085
unnecessary hardship.

3600
03:09:46,665 --> 03:09:50,525
He disagrees with that. Mr. Donlin, what?

3601
03:09:50,585 --> 03:09:53,325
Say you, you concur? I do.

3602
03:09:53,545 --> 03:09:55,805
And for reason stated at deliberative

3603
03:09:55,805 --> 03:09:56,805
Session.

3604
03:09:56,805 --> 03:10:01,165
Okay, Mr. Trip? I concur. Okay, Ms. Morin?

3605
03:10:01,565 --> 03:10:04,605
I do. And the chair will agree with that as well.

3606
03:10:05,265 --> 03:10:06,445
And in regards to,

3607
03:10:06,585 --> 03:10:08,085
can the property be used in strict

3608
03:10:08,085 --> 03:10:09,485
conformance with the ordinance?

3609
03:10:10,225 --> 03:10:12,845
Mr. Donlin? What? Say you,

3610
03:10:15,065 --> 03:10:16,065
I'm sorry, Mr.

3611
03:10:16,065 --> 03:10:19,085
Chair, can the property be used in strict conformance?

3612
03:10:19,665 --> 03:10:21,405
Yes. Mr. Tripp,

3613
03:10:24,185 --> 03:10:26,645
can the property be used in strict conformance?

3614
03:10:28,545 --> 03:10:30,165
No. Okay.

3615
03:10:30,275 --> 03:10:33,765
Well, well it could, can it be used

3616
03:10:34,365 --> 03:10:35,685
utilized in a different way

3617
03:10:35,705 --> 03:10:38,565
that's approved, an approved use?

3618
03:10:40,065 --> 03:10:41,845
Yes. Okay. Mrs. Morin?

3619
03:10:42,145 --> 03:10:43,205
Yes it can. All right.

3620
03:10:43,205 --> 03:10:45,125
And I will concur with that as well.

3621
03:10:46,125 --> 03:10:49,325
All in all in favor of moving this motion for a vote.

3622
03:10:49,505 --> 03:10:53,365
Say aye. Aye. Aye. In the opposed Mr.

3623
03:10:54,145 --> 03:10:59,085
Donlin? No. Mr. Dietzel? No.

3624
03:10:59,425 --> 03:11:03,685
Mr. Trip? No. Mr. Mrs. Warren

3625
03:11:04,525 --> 03:11:05,845
Voting no as well.

3626
03:11:05,945 --> 03:11:08,325
For what? For the reasons

3627
03:11:08,465 --> 03:11:11,925
for denial was stated in binding of fact. Alright,

3628
03:11:11,995 --> 03:11:12,995
Very good.

3629
03:11:14,515 --> 03:11:18,805
That decision is a unanimous No, the applicant.

3630
03:11:19,785 --> 03:11:22,805
I'm sorry. Your application has failed in this regard.

3631
03:11:24,545 --> 03:11:28,565
You have 30 days to ask this board for reconsideration.

3632
03:11:28,575 --> 03:11:30,885
After that recourse would be a superior court.

3633
03:11:33,675 --> 03:11:35,845
Alright, next case is

3634
03:11:36,695 --> 03:11:39,565
would be Andrew Depel.

3635
03:11:41,055 --> 03:11:45,285
Folks, we're we've already done one extensions that you Yep.

3636
03:11:45,395 --> 03:11:49,685
Okay. And we scheduled to terminate at 10:00 PM

3637
03:11:50,345 --> 03:11:52,045
We can put you onto the next meeting

3638
03:11:52,385 --> 03:11:55,885
and if, if we'd finished 20 minutes ago, I,

3639
03:11:56,045 --> 03:11:57,765
I could have opened up and let you have,

3640
03:11:58,115 --> 03:12:00,005
take your opening remarks.

3641
03:12:00,105 --> 03:12:03,845
But I think in this regard, we'll, like to table you,

3642
03:12:04,155 --> 03:12:06,725
does the next meeting, scheduled meeting work for you,

3643
03:12:07,625 --> 03:12:08,625
Is that two weeks?

3644
03:12:08,625 --> 03:12:11,325
Am I correct? It is, yep. The third Thursday

3645
03:12:13,925 --> 03:12:14,925
Airplane.

3646
03:12:14,925 --> 03:12:19,765
I that seven work for you. Okay.

3647
03:12:19,765 --> 03:12:23,005
We need a date certain, so we will, Ms. Owen,

3648
03:12:23,345 --> 03:12:25,445
any reason they won't be first on the agenda?

3649
03:12:26,625 --> 03:12:28,565
No, there'll be a tabled case so they'll be number one.

3650
03:12:28,875 --> 03:12:32,885
Okay. Very good. Alright, motion to table case number

3651
03:12:34,185 --> 03:12:36,005
26 dash 1 28.

3652
03:12:36,545 --> 03:12:39,485
So move. Thank you Mr. Trip. Second. Second please.

3653
03:12:39,625 --> 03:12:43,525
Second Mr. Donlin seconds. All in favor say aye. Aye. Aye.

3654
03:12:43,545 --> 03:12:46,565
Any opposed? Folks, you'll see you in two weeks. Okay.

3655
03:12:47,515 --> 03:12:51,925
Alright, next up we have approval of minutes.

3656
03:12:52,485 --> 03:12:55,245
I haven't reviewed August 20th and Mr.

3657
03:12:55,515 --> 03:12:57,925
Corbett's not here for seven 16.

3658
03:12:59,105 --> 03:13:02,165
So I table a motion both mo, motion

3659
03:13:02,345 --> 03:13:03,845
to table both of those please.

3660
03:13:04,105 --> 03:13:06,965
So moved. All right. Second. Second by Mr. Donlin.

3661
03:13:07,065 --> 03:13:10,165
All in favor of tabling those minutes. Say aye. Aye.

3662
03:13:10,305 --> 03:13:13,965
Any opposed? Hearing none Ms. Owen, we all set

3663
03:13:14,305 --> 03:13:15,565
how many cases next time?

3664
03:13:17,435 --> 03:13:19,005
537? All

3665
03:13:19,005 --> 03:13:20,005
Of them.

3666
03:13:20,005 --> 03:13:20,645
We have, I know I'm trying

3667
03:13:20,645 --> 03:13:21,965
to count. I think we have three cases.

3668
03:13:22,055 --> 03:13:24,285
Three cases. So including this one. Woohoo.

3669
03:13:24,315 --> 03:13:25,405
This would be four. Okay.

3670
03:13:25,515 --> 03:13:28,445
Very good. All right. Any other business for the board

3671
03:13:30,425 --> 03:13:31,765
For them operating this due?

3672
03:13:31,865 --> 03:13:35,245
I'm tired. Do you want to Yes, I will sign up.

3673
03:13:35,585 --> 03:13:37,125
You wanna sign off? Yeah. Okay.

3674
03:13:37,125 --> 03:13:38,325
You gotta mo make that motion.

3675
03:13:40,745 --> 03:13:41,745
Motion To adjourn.

3676
03:13:42,035 --> 03:13:44,565
I'll make the motion to adjourn. I'll second it.

3677
03:13:46,465 --> 03:13:49,605
All in favor of adjournment, say aye. Aye. Aye. Opposed?

3678
03:13:49,945 --> 03:13:51,325
All right. Have a good night. We adjourn.