[0:02] Hello everybody. We uh please rise and [0:04] serve the flag [0:09] to the flag of the United States of [0:11] America and to [0:14] stand [0:17] indivisible with liy and justice for [0:20] all. [0:26] As as per requirement, no discipline [0:28] given this regular meeting of the Bureau [0:29] of Highlands Land Use Board and all [0:31] requirements are met. Notice has been [0:33] transferred to Yasper Park Press into [0:35] theater. Those have been posted on the [0:37] Bolton board. For a should be taken roll [0:39] call, please [0:41] >> here. Chief Burton [0:43] » here. Chief Burton [0:43] >> here. Missky [0:45] » here. Missky [0:45] >> here. Mr. S [0:46] » here. Mr. S [0:46] >> here. [0:46] » here. [0:46] >> Mr. Moscala [0:48] » Mr. Moscala [0:48] >> here. [0:48] » here. [0:48] >> Miss Larusa [0:49] » Miss Larusa [0:49] >> here. Mr. Knox [0:51] » here. Mr. Knox [0:51] >> here. [0:51] » here. [0:51] >> Miss Tierney. [0:53] » Miss Tierney. [0:53] Mr. Mr. Zil, [0:56] Miss Chang [0:57] >> here, [0:58] » here, [0:58] >> Mr. Kramer, [1:00] » Mr. Kramer, [1:00] Mr. Cody [1:01] >> here, [1:01] » here, [1:02] >> Miss Vickery here. [1:04] » Miss Vickery here. [1:04] >> Okay, thank you. At [clears throat] this [1:06] » Okay, thank you. At [clears throat] this [1:06] point, uh, open for public comments. [1:08] This is for general questions or [1:10] comments not pertaining to any [1:12] applications we have, but on how this [1:13] board operates or any of our, you know, [1:16] procedures. Any questions from the [1:18] audience on how we do our thing? [1:20] >> Okay, it'd be good. [1:25] And again, it's just um nothing about [1:26] any cases we have, just about general. [1:29] >> Yep. And then just spell, state your [1:31] » Yep. And then just spell, state your [1:31] name, and provide your address. [1:33] >> Melissa Peterson with the N7 Bay Street. [1:38] » Melissa Peterson with the N7 Bay Street. [1:38] Procedurally, if something was to be on [1:41] the agenda, before it is on the agenda, [1:43] you would have to send out [1:44] notifications. Correct. [1:46] notifications to be a proper [1:50] >> um if the application has to notice they [1:53] » um if the application has to notice they [1:53] will notice uh people within 200 uh ft [1:56] of their of the of the said property [1:59] >> are there certain aspects where they [2:01] » are there certain aspects where they [2:01] don't have to be notified? [2:02] >> No, I can I think I can jump in here. [2:04] » No, I can I think I can jump in here. [2:04] Are you referring to Ross Builders the [2:06] application for Bay Street? So, they [2:08] were on the agenda. It was anticipated [2:10] that they were coming to tonight's [2:12] meeting that that's what they were going [2:14] to be noticing for. We received, sorry, [2:17] just make sure everything gets captured. [2:18] The board received notification that [2:20] they had not noticed for this meeting [2:22] and would request to be heard in [2:23] October. So whenever they are heard, [2:26] which presumably will be October, they [2:29] will notice everyone within 200 ft as [2:31] required by the municipal land use law. [2:33] So no notices went out tonight because [2:35] they're not on the agenda tonight and [2:36] they're not going to be heard. They were [2:38] originally on the agenda because it was [2:40] assumed that they were going to be heard [2:42] tonight and in which case the notices [2:43] would have been reviewed. The law [2:46] doesn't require notices to be provided [2:47] until [2:49] I I forget it. 3 days 10 no you have to [2:52] have a notice out but the publication [2:54] doesn't have to be provided to the board [2:56] until 3 days before. So the assumption [2:59] is that it was on the agenda but once we [3:01] received notification that they didn't [3:03] notice and they wanted to be heard in [3:04] October it was pulled from the agenda. [3:07] So therefore they will notice whenever [3:09] that is presumably for the October [3:10] meeting. [3:17] » The the not again the there's a tenative [3:20] agenda that gets posted but agenda the [3:22] revised agenda that was up today or at [3:24] least more recently had removed it once [3:26] the board was notified. So again usually [3:29] the notices get sent out or they have to [3:31] be sent out 10 days ahead. Then the [3:34] applicant submits proof which is an [3:35] affidavit of mailing that they submit [3:37] that to the board which then I then [3:39] review. In this case once it became [3:41] known that they hadn't done that they [3:42] requested to be car carried but again [3:45] it's not really a carry cuz they'll have [3:46] to renotice or notice in the first [3:48] place. [3:48] >> Yeah they haven't they haven't noticed [3:50] » Yeah they haven't they haven't noticed [3:50] yet you know so you will get something [3:52] in your mail certified mail and that'll [3:55] uh you know give you the heads up on [3:57] when they're going to come before this [3:59] board. [4:00] >> Okay. And I I guess my other question is [4:02] » Okay. And I I guess my other question is [4:02] because I've been through this before [4:03] and I got the notice after the meeting. [4:06] So procedurally I wanted to understand [4:08] how that worked. Um also we had people [4:11] calling council and we're told that the [4:14] notices had gone out and to check with [4:16] the post office but we everybody's [4:18] running around going back and forth [4:19] trying to figure out if they go out [4:22] where were the notices were there [4:24] tracking numbers. Um, so [4:30] it's a little bit [4:33] agenda. [4:35] >> I think you should. [4:36] » I think you should. [4:36] >> It's the problem is the law only [4:37] » It's the problem is the law only [4:38] requires that they have to submit the [4:39] proof that they did publish 3 days [4:41] before the meeting and usually the [4:43] agenda is posted in advance of that. So [4:46] there's an assumption that when the [4:47] applicant is told they're ready for a [4:49] meeting that that's the meeting that [4:50] they would be noticing for. In this case [4:52] that didn't happen. But and just to [4:54] answer the other point, it'll go out [4:56] certified mail. So there will be [4:57] tracking numbers. Also, the notice will [4:59] be posted to the the burough website. [5:02] The burough website has a public notices [5:04] page. So the notice will also be posted [5:06] there 10 days in advance of the meeting [5:08] as are all public notices in the bureau. [5:10] So the other issue is just the realities [5:13] of life that mail sometimes doesn't get [5:16] there quickly and sometimes doesn't get [5:18] there at all. the law only requires that [5:21] they send it to the addresses as [5:23] required. So in the event that the [5:25] mailing doesn't get to you until a later [5:27] date, that's the the law just provides [5:31] that they have to mail it out. But in [5:32] this case, like I said to all others, [5:33] the notice is going to be posted on the [5:35] burough website under the public notices [5:37] page. So I would say the the best way is [5:39] to check that because even though the [5:41] notices go out again, the US postal [5:44] service is not infallible. So, and just [5:46] to add to that, [clears throat] [5:48] typically um the board finds out the [5:51] same time the public finds out. So, [5:53] there's no like, you know, uh deception [5:56] involved, you know. So, we find out [5:58] they're going to be on, you know, [5:59] through an agenda. Um it starts that [6:02] whole process and in that process, part [6:04] of it is being certified mailed to the [6:06] residents of the, you know, 200 foot [6:09] radius. So, again, we kind of find out [6:11] more or less what you find out. [6:19] I I'll answer that. Our professionals [6:21] may be doing behind the scenes with [6:23] their professionals to try to tidy up [6:26] some stuff before they come before the [6:27] board. So, not a big lengthy uh part on [6:30] something that is easily fixed with uh [6:33] engineers and such like that. Okay. [6:36] State your name and address. [6:38] >> Thank you. Kathleen Dylan, 15 Street, [6:40] » Thank you. Kathleen Dylan, 15 Street, [6:40] daughter J. D. [6:43] So we I think that all of you are [6:45] probably aware that we issued a speak to [6:47] that because this is a simply general [6:49] questions but we did cite a specific [6:52] section of proposing board regulations [6:55] that seem to suggest that 10 days notice [6:57] to the residence required not [7:00] >> it it is 10 days. That's why I'm saying [7:02] » it it is 10 days. That's why I'm saying [7:02] but the board we as the board or sorry [7:05] I'm not the board I'm the board [7:06] attorney. The board though doesn't have [7:08] to receive proof the proof that it was [7:10] published until 3 days in advance of the [7:12] meeting. So it's two different timings. [7:14] You're right that the notice has to go [7:16] out has to be physically mailed and [7:19] posted at least 10 days in advance. So [7:22] that that is accurate. But [7:23] >> ask to consider revising that [7:27] » ask to consider revising that [7:27] >> that's it's a state statute. [7:29] » that's it's a state statute. [7:29] >> It's a state. [7:30] » It's a state. [7:30] >> Yeah. [7:30] » Yeah. [7:30] >> It's very interesting because it defeats [7:32] » It's very interesting because it defeats [7:32] the purpose of notice effectively. I I I [7:35] can't necessarily disagree at times. [7:37] Like I said, it it is what it is, [7:39] though. I don't I It's the municipal [7:41] land use law. It's a state statute. So, [7:44] for better or worse, the board is guided [7:46] by that and has to abide by it. And just [7:48] to add to that, that's what this board's [7:50] uh responsibility is. You know, they'll [7:52] come in and basically they have [7:54] variances, of course. um [clears throat] [7:57] uh they'll commit before this board and [7:59] uh plead their case on why this board [8:02] should allow them to do things that are [8:05] not permitted per se. So it's not a [8:08] guarantee. They have to come here and [8:10] kind of uh you know [8:11] >> that's very important [8:17] is very important to us. [8:18] >> Yes, of course. [8:20] » Yes, of course. [8:20] And just to add to that too, they'll [8:21] present their case uh in a public format [8:24] such as this and the public is of course [8:27] there to ask questions through their [8:29] professionals and hear their testimony [8:32] and and the whole the whole thing [8:34] >> provided the public is aware that the [8:35] » provided the public is aware that the [8:35] discussion will happen. when we [8:37] contacted the burrow about the August [8:40] 13th date um and learned that not [8:43] available for our own [8:47] given an alternate date 910 so now it's [8:51] October so haven't the same [8:56] you said October is that what they're [8:58] >> yeah when it was again when this so that [9:00] » yeah when it was again when this so that [9:00] when this was first presented to the [9:01] board the applicant had said you know [9:03] they weren't they didn't notice they [9:05] were going to ask to be carried to the [9:06] next date and then I believe just [9:08] through subsequent contact today they [9:10] actually requested for the October date [9:12] but I can assure you before the board [9:14] even if they notice for a hearing date [9:17] say it's October whatever it may be if [9:19] their notice is defective in any way [9:21] shape or form they won't be heard and I [9:24] will review the notices that they both I [9:26] and I'll let you ask I didn't mean to [9:27] cut you off but uh the I'll review the [9:30] notice that gets physically published as [9:32] well as the certified mailings and [9:34] compare it against there's a list that [9:36] they request from the tax assessor that [9:37] certifies a list. These are the people [9:39] within 200 feet and they mail based off [9:42] of that list. [9:43] >> I have a followup question. Is an is an [9:45] » I have a followup question. Is an is an [9:45] applicant who has not yet served notice [9:48] to residents within 200 ft [9:52] uh set a final date um for your [9:55] application permitted to enter the [9:57] property of residents within 200 ft to [10:01] take pictures, take measurements without [10:04] residents. I I can't that's beyond the [10:06] performance [10:08] >> but also it's not something for the I [10:10] » but also it's not something for the I [10:10] would just say that's not within the [10:12] perview of the land use board. I would [10:13] say that's a question better directed [10:15] for you know time otherwise [10:17] >> directed to chief [10:19] » directed to chief [10:19] >> yeah [10:21] » yeah [10:21] chief but you can talk to everybody [10:23] after the meeting if you want if you're [10:24] going to stay if not you can go [10:25] downstairs report with the officers that [10:28] are down there now if you like [10:31] >> okay [10:33] » okay [10:33] anybody else have any questions on how [10:36] we do our business around here okay then [10:39] uh moving [clears throat] along uh [10:42] action on other businesses. Review the [10:44] the amendment of the amended central [10:47] business district redevelopment. [10:49] >> I'm missing review the ordinance [10:50] » I'm missing review the ordinance [10:50] amending the amended central business [10:52] district plan. There's a missing word. [10:54] >> Okay. [laughter] [10:55] » Okay. [laughter] [10:55] Thank you. Okay. Um so this is a [10:58] consistency review. Uh there was an [11:00] ordinance uh that was introduced [11:01] [clears throat] by the governing body on [11:03] July 15th, ordinance 202620. [11:08] uh which this ordinance is then as a uh [11:11] as an ordinance imp altering the land [11:14] use elements of the land use plan in [11:16] this case the central business district [11:18] redevelopment plan. It gets referred to [11:20] the land use board for what is known as [11:22] a consistency review. So in this case [11:24] the land use board will operate in its [11:26] planning board capacity and will reach a [11:28] decision as to whether the proposed [11:29] ordinance is not substantially [11:31] inconsistent with the master plan. [11:34] And just to pick up on that, um our [11:36] office um prepared a memo dated July [11:40] 31st, 2026 [11:43] um which evaluated the um the ordinance [11:46] to determine whether it was consistent [11:49] or not inconsistent with the 2016 [11:53] uh re-examination report and our [11:56] conclusion was that it was not [11:58] inconsistent with the master plan. [12:01] >> Okay. Thank you. [12:03] » Okay. Thank you. [12:03] Uh looking for a motion on that. Unless [12:06] you want to answer that. [12:07] >> Oh, okay. [12:08] » Oh, okay. [12:08] >> Okay. I'll offer that motion. [12:10] » Okay. I'll offer that motion. [12:10] >> Second. [12:15] » Mayor Brian. [12:16] >> Yes. [12:17] » Yes. [12:17] >> Chief Burton. [12:18] » Chief Burton. [12:18] >> Yes. [12:18] » Yes. [12:18] >> Miss Larusa. [12:19] » Miss Larusa. [12:19] >> Yes. [12:20] » Yes. [12:20] >> Mr. Mova. [12:21] » Mr. Mova. [12:21] >> Yes. [12:22] » Yes. [12:22] >> Misses. [12:23] » Misses. [12:23] >> Yes. [12:23] » Yes. [12:23] >> Mr. S. [12:24] » Mr. S. [12:24] >> Yes. [12:25] » Yes. [12:25] >> Mr. Zil. [12:28] » Mr. Zil. [12:28] Mr. Knock. [12:29] >> Yes. [12:29] » Yes. [12:29] >> Miss Chang. [12:30] » Miss Chang. [12:30] >> Yes. [12:31] » Yes. [12:31] >> Mr. Kramer. [12:33] » Mr. Kramer. [12:33] >> Mr. Cody. [12:34] » Mr. Cody. [12:34] >> Yes. [12:34] » Yes. [12:34] >> Miss Victory. [12:35] » Miss Victory. [12:35] >> Yes. [12:37] » Yes. [12:37] >> Okay. Thank you. [12:40] » Okay. Thank you. [12:40] >> Okay. Uh item number two, review of the [12:42] » Okay. Uh item number two, review of the [12:42] master plan survey results. [12:45] Um I mean I guess maybe counter this is [12:48] maybe something you want to talk about a [12:49] little bit. [12:50] >> Um I'll get into it when we talk about [12:51] » Um I'll get into it when we talk about [12:52] the survey, but Susan, if you want to. [12:54] Yeah, let me just um because I I I just [12:57] want to kind of supplement the survey [13:00] results based upon what you received in [13:03] the in your packet as well, which is a [13:05] draft of the [clears throat] [13:06] re-examination report um which was [13:10] prepared by our office. Clearly, the [13:13] survey results were an important [13:16] component of that um draft and uh and [13:22] provided guidelines as to policy [13:25] decisions and recommendations. I would [13:28] just note um Megan Adams from our office [13:31] is here. She was uh extremely helpful [13:34] with putting this together. Um and um [13:38] there are very specific just to I know [13:41] the board for purposes of the public as [13:44] well there [clears throat] is a [13:46] requirement that every at least every 10 [13:49] years the municipality [13:53] the land use board must review [13:56] its um master plan and determine there's [14:01] very specific provisions in there [14:03] determine basically whether the goals [14:06] and object objectives and the [14:07] assumptions still remain the same [14:11] whether they have been addressed [14:13] uh and at the end in terms of new [14:17] recommendations that may come up based [14:20] upon that assessment. So we looked back [14:24] at the 2016 master plan. We looked at [14:28] the goals and objectives [14:30] um certain of what has happened since [14:32] then. A lot has happened in this bureau [14:35] since 2016 and most very good um I must [14:40] say and um and then look and determine [14:44] what the recommendations are. A key [14:46] component of this and certainly the [14:49] mayor can go through this a little in [14:52] more detail. A key component was uh a [14:56] survey and the results of the survey [14:58] that were out there to determine [15:02] what I guess I guess I would say what [15:05] everybody thinks about the town [15:07] >> and what they think are the positives [15:09] » and what they think are the positives [15:09] and the negatives and the issues and [15:12] what should be done because that [15:14] provides the basis for master plan [15:17] recommendations which ultimately are [15:20] implemented through ordinances. [15:22] So just this provides the basis for [15:25] ordinance changes. So so that's I I if [15:29] anybody has any questions that's fine [15:31] but I just kind of wanted to give that [15:33] highlight. Only [clears throat] one [15:35] question. Excuse me. Um I think time's [15:38] up right. This is our our year. This is [15:41] our this is the year. [15:42] >> Yeah. Right. Okay. and and what um I [15:47] » Yeah. Right. Okay. and and what um I [15:47] would say is likely the next step would [15:50] be to provide to create and prepare a [15:54] land use plan element which is the more [15:58] detailed piece okay reszoning [16:00] recommendations and such um and [16:05] sustainability consider and resiliency [16:08] considerations for that but that's in [16:10] here but the but certainly the re-exam [16:13] and gives a broad overview and is [16:16] consistent statutoily with what is [16:18] required. [16:20] >> I guess uh procedurally do we do that as [16:22] » I guess uh procedurally do we do that as [16:22] an executive meeting or is that [16:23] something that we have as an open [16:24] meeting? [16:25] >> It's an open meeting. [16:26] » It's an open meeting. [16:26] >> Okay. Sure. [16:26] » Okay. Sure. [16:26] >> So that'll be on an agenda item and [16:28] » So that'll be on an agenda item and [16:28] we'll have a specific day where we [16:31] >> get into it a little bit. [16:32] » get into it a little bit. [16:32] >> Yes, it is. And it and it would be [16:36] » Yes, it is. And it and it would be [16:36] >> it would be in my opinion I'm not [16:39] » it would be in my opinion I'm not [16:39] speaking but publicly noticed. It would [16:41] be a public input and comment. Clearly, [16:46] we wanted to get the draft out to the [16:48] board for you to look at and if there [16:51] are any changes that you believe are [16:53] appropriate prior to setting up that [16:57] public meeting and and putting the [17:02] master plan, the draftation [17:05] report for public hearing as such. Well, [17:09] then uh as a thought, should we maybe [17:11] create a hard date on that like October [17:14] or November? Because we got to get this [17:16] wrapped up by the new year. [17:17] >> I would think it need to be voted on in [17:19] » I would think it need to be voted on in [17:19] December [17:20] >> and then the council would have to take [17:21] » and then the council would have to take [17:21] care of it in December. [17:22] >> Well, the council doesn't deal with [17:24] » Well, the council doesn't deal with [17:24] this. This is this is the way it's [17:28] implemented is through ordinances. [17:30] >> Okay. But this is this is your document [17:35] » Okay. But this is this is your document [17:35] um as a board. So it doesn't go any [17:38] further for purposes of this document [17:42] this. So I'm we're fine with that, but [17:45] we wanted to give you the opportunity to [17:49] um be able to look at it, determine [17:52] whether there were any changes. If if [17:54] you would like to set up, that's your [17:56] call as to how you want to. [17:58] >> Well, I just think is, you know, just in [18:00] » Well, I just think is, you know, just in [18:00] the fact that, you know, we'll be at the [18:02] new year before we know it. You know, [18:05] >> it would be good to [18:06] » it would be good to [18:06] >> be in September in what, two weeks and [18:09] » be in September in what, two weeks and [18:09] November there. [18:10] >> Don't say that. [18:12] » Don't say that. [18:12] >> Don't say that. The summer can't be over [18:14] » Don't say that. The summer can't be over [18:14] yet, right? [laughter] [18:16] >> So, it again, better to to do it earlier [18:21] » So, it again, better to to do it earlier [18:21] rather than later. But at the same time, [18:24] we didn't want to presume that this [18:26] draft was ready for [18:30] formal. Okay. I would think November [18:32] would probably be an appropriate date [18:34] because we have the Ross in October [18:36] which obviously we have some people here [18:38] for that. [18:38] >> It appears that way. [18:40] » It appears that way. [18:40] >> I would I think I alluded to that during [18:42] » I would I think I alluded to that during [18:42] our meeting. [18:42] >> Yeah. Yeah. Yeah. [18:43] » Yeah. Yeah. Yeah. [18:44] >> Um so I would think November might be a [18:47] » Um so I would think November might be a [18:47] >> that would be something on the agenda [18:49] » that would be something on the agenda [18:49] and kind of prepare [18:51] >> best we can to kind of come you know to [18:53] » best we can to kind of come you know to [18:53] get something rolling and have another [18:55] month to really hash it out and at that [18:58] point year is going to reset itself. [19:00] Sure. And that's perfectly fine with [19:03] with us. We can certainly get whatever [19:06] input and that's fine. I mean, this is a [19:09] very I don't know if everyone's grabbed [19:10] a um a packet, but there's a lot in [19:14] here. Um it's very comprehensive. Um and [19:19] I think it would approve everyone to uh [19:22] take a read of this. Um also, I've left [19:26] the survey uh the survey is still open. [19:28] We're still getting responses. So, I'll [19:30] be updating those uh preliminary results [19:32] that I put out to you guys and then once [19:35] we lock it down, I'll take the survey [19:37] down and then we'll put the preliminary [19:40] results um on the website. [19:43] >> Yeah. So, we're encouraging the town to [19:45] » Yeah. So, we're encouraging the town to [19:45] uh you know, help us out on this. [19:47] Obviously, the residents here are what [19:50] we're all about and we want to make sure [19:52] we're going forward in the right [19:53] direction. So, [19:56] okay. Um [20:01] is that even an offer of Yeah, [20:04] >> that's just a review. [20:05] » that's just a review. [20:05] >> Just review. Okay, very good. Okay. Um [20:08] » Just review. Okay, very good. Okay. Um [20:08] communication of vouchers approve of [20:10] minutes. Uh [20:11] >> I just want to say one thing on [20:12] » I just want to say one thing on [20:12] communications to vouchers. So for the [20:15] sea streak application that is the [20:18] tenative special hearing date on that [20:20] will be September 30th at the uh high [20:23] school. um that is everyone is [20:26] available, the applicant and the board. [20:28] Um I know Kate is in the process of [20:31] securing the facility from the school. [20:33] They've said it's available. So it's a [20:34] paperwork uh thing at this time and then [20:37] again there'll be a special meeting [20:38] notice that will go out for that from [20:40] the board side because [20:41] >> will be noticed. [20:42] » will be noticed. [20:42] >> Yeah. Notice the special meeting and [20:45] » Yeah. Notice the special meeting and [20:45] then sea street will independently have [20:47] to notice as an applicant for the [20:48] meeting as well. [20:49] >> And that is Wednesday it looks like. [20:51] » And that is Wednesday it looks like. [20:51] >> Correct. Wednesday, September 30th, and [20:53] » Correct. Wednesday, September 30th, and [20:53] that will be at the high school, but [20:55] again, there will be a public notice on [20:57] that that will go out at probably not in [21:00] the immediate future, but obviously well [21:03] in advance of the [21:05] >> I guess the the 10day thing. [21:07] » I guess the the 10day thing. [21:07] >> Yes. [21:08] » Yes. [21:08] >> Okay. [21:10] » Okay. [21:10] Um Okay. So, uh that's that approval of [21:13] minutes uh 07-09 [21:17] 2026 [21:19] uh regular meeting minutes. [21:21] All for a motion on that. Make a motion. [21:24] Second, [21:28] » Mayor Bion. [21:30] >> Yes. [21:31] » Yes. [21:31] >> Chief Burton, [21:31] » Chief Burton, [21:31] >> yes. [21:32] » yes. [21:32] >> Miss Larusa, [21:33] » Miss Larusa, [21:33] >> yes. [21:33] » yes. [21:33] >> Mr. Rona, [21:35] » Mr. Rona, [21:35] >> yes. [21:36] » yes. [21:36] >> Missky, [21:37] » Missky, [21:37] >> yes. [21:37] » yes. [21:37] >> Mr. Sia, [21:38] » Mr. Sia, [21:38] >> yes. [21:39] » yes. [21:39] >> Mr. [21:41] » Mr. [21:41] Mr. T. [21:42] >> Mr. Knox, [21:43] » Mr. Knox, [21:43] >> yes. [21:43] » yes. [21:43] >> Miss Chang, [21:44] » Miss Chang, [21:44] >> yes. [21:45] » yes. [21:45] >> Mr. Kramer, [21:47] » Mr. Kramer, [21:47] >> Mr. Cody, [21:48] » Mr. Cody, [21:48] >> yes. [21:48] » yes. [21:48] >> Miss Vicky, [21:49] » Miss Vicky, [21:49] >> yes. [21:51] » yes. [21:51] >> Okay, thank you. [21:53] » Okay, thank you. [21:53] [clears throat] Under resolutions, LUV [21:55] 26-01, Dun, 26 Avenue, block 76, [22:00] lot 9, Oak Variance approval. [22:04] >> Look for a motion. [22:05] » Look for a motion. [22:06] >> Motion. [22:08] » Motion. [22:08] Frank it [laughter] [22:13] mission. [22:15] >> Yes. [22:15] » Yes. [22:15] >> Chief Burton. [22:16] » Chief Burton. [22:16] >> Yes. [22:17] » Yes. [22:17] >> Miss Louisa. [22:17] » Miss Louisa. [22:18] >> Yes. [22:18] » Yes. [22:18] >> Mr. Montala. [22:19] » Mr. Montala. [22:19] >> Yes. [22:20] » Yes. [22:20] >> Miss Oeski. [22:21] » Miss Oeski. [22:21] >> Yes. [22:21] » Yes. [22:21] >> Mr. S. [22:22] » Mr. S. [22:22] >> Yes. [22:23] » Yes. [22:23] >> Mr. Zil. Absent. Mr. Ch. Absent. Mr. [22:25] » Mr. Zil. Absent. Mr. Ch. Absent. Mr. [22:25] Knox. [22:26] >> Yes. [22:27] » Yes. [22:27] >> Miss Chang. [22:27] » Miss Chang. [22:27] >> Yes. [22:28] » Yes. [22:28] >> Mr. Kramer. [22:29] » Mr. Kramer. [22:29] >> Absent. Mr. Cody. [22:31] » Absent. Mr. Cody. [22:31] >> Yes. [22:31] » Yes. [22:31] >> Miss Vicky. [22:32] » Miss Vicky. [22:32] >> Yes. [clears throat] [22:33] » Yes. [clears throat] [22:34] >> Okay. Thank you. Uh hearings on old [22:37] » Okay. Thank you. Uh hearings on old [22:37] business. There is none. Here's our new [22:39] business. There is none. Um, [22:42] >> may I raise another question? [22:44] » may I raise another question? [22:44] >> Uh, sure. Just take a microphone, [22:45] » Uh, sure. Just take a microphone, [22:45] please. [22:46] >> I'm not sure if this old business. [22:52] » Okay, we'll get I'm sorry. Just get [22:53] closer to the microphone and yeah, start [22:55] again. Say your name. [23:00] So, I'm not sure this is over business [23:03] because in 2023 [23:06] the board did review case. However, we [23:09] did uh mail a letter that the mail was [23:11] received yesterday um and and um brought [23:15] inside the burrow by a team member of [23:17] Boston Diane. uh from signed by my [23:21] father street and um sustaining many [23:25] neighbors here as well as others on the [23:27] block. We would like to submit a copy of [23:29] the letter as an exhibit. [23:33] » I've I've given that letter to Kate of [23:36] the board secretary and she's going to [23:38] scan it and send it to the board members [23:40] and then I will send it to the council [23:42] members and administration and the [23:45] clerk. [23:45] >> We appreciate that. We would also like [23:48] » We appreciate that. We would also like [23:48] the honor to reply as you have requested [23:50] on the issues that we raised. [23:53] >> Some of that might be part of the [23:54] » Some of that might be part of the [23:54] hearing itself. [23:55] >> Exactly. [23:55] » Exactly. [23:55] >> So be I guess be a little uh um I guess [24:00] » So be I guess be a little uh um I guess [24:00] patient with that because we haven't [24:01] heard their application so we can't [24:03] answer for them. They may come in and [24:05] they may answer [24:07] 10 questions. They may answer eight of [24:09] them right there. So part of that's [24:10] going to be the hearing itself. [24:12] >> I understand the need for patience. [24:14] » I understand the need for patience. [24:14] However, um we've been asked the same [24:16] then of lost builders who has approached [24:19] many of us even making offers to some of [24:22] us financial offers around potential who [24:26] has appeared on our properties without [24:28] information who has taken pictures etc. [24:31] So as patients if your application has [24:34] not been approved if you haven't [24:37] >> I think you're getting into the [24:38] » I think you're getting into the [24:38] application itself at this point. So, [24:40] uh, and this is kind of news to us. So, [24:42] you're kind of going out if you have [24:43] that. So, [24:46] >> and I said before too, uh, Chief Bird is [24:48] » and I said before too, uh, Chief Bird is [24:48] offered to help you with any kind of, [24:50] uh, trespassing issues, then that's [24:53] that's obviously a a code enforcement [24:55] police activity. Uh, I appreciate your, [24:57] you know, um, due diligence with [24:59] bringing this information to our board. [25:01] Uh, but we have to hear the case first. [25:02] >> Yeah. And then with respect to the [25:04] » Yeah. And then with respect to the [25:04] letter, if you do want it submitted as [25:05] an exhibit, you would need to present it [25:07] at the hearing just to verify who you [25:09] know what it's purports to be. So you'll [25:13] regular basis. [25:15] >> That's fine. No, like I said, there'll [25:16] » That's fine. No, like I said, there'll [25:16] be public notice and and it'll go out [25:18] there and like I said, it'll be [25:19] reviewed. So I'll I will make sure that [25:21] the notice is in order before it gets [25:23] heard. But like I said, just to the just [25:25] to that [25:28] time, [25:30] right? So, so the call we appreciate [25:33] we're ensuring that it will be in order. [25:36] Um, but we do want to be at that hearing [25:38] and we do not want to have um a miss on. [25:43] >> Okay. Thank you. [25:46] » Okay. Thank you. [25:46] >> Okay. Um, of course suggest I I just [25:50] » Okay. Um, of course suggest I I just [25:50] want to clarify one thing to do with the [25:53] re-exam uh and the master plan. Um, how [25:57] if members of the board have questions, [26:01] comments, [clears throat] whatever, um, [26:03] can they go I just procedurally want to [26:06] make sure we're all on the same page. [26:08] Um, can should they go to Kate as the as [26:12] the land use board secretary? She that's [26:15] what I would suggest that that be the [26:18] case so we don't get peace meal pieces. [26:22] Um and then Kate at the appropriate time [26:25] can [26:26] send those to us and then we can do [26:31] whatever we need to do. [26:33] >> So you looking for recommendations or [26:34] » So you looking for recommendations or [26:34] you looking for questions? [26:36] >> Questions or recommendations or have you [26:38] » Questions or recommendations or have you [26:38] addressed what about addressing this or [26:40] what about doing this but I don't maybe [26:44] somebody may say gee I don't understand [26:46] this. What do you mean by this? Or or I [26:51] know that there's more updated [26:53] information on whatever it may be. [26:55] whatever comments, questions, whatever [26:58] it may be, but not where [27:02] to the extent that we can streamline [27:05] this process and getting input, it would [27:08] be best to do it that way rather than [27:11] wait for the next meeting and then have [27:14] >> right instead of rapid fire 13ers [27:16] » right instead of rapid fire 13ers [27:16] >> because I'm afraid not going to be able [27:18] » because I'm afraid not going to be able [27:18] to write that fast or Megan. [laughter] [27:21] >> Yeah, I agree. I think that makes the [27:23] » Yeah, I agree. I think that makes the [27:23] most sense. So to the extent there's [27:25] questions, comments, concerns on what [27:27] gets read in the uh re-exam, I would say [27:29] send those to Kate and then obviously [27:32] sooner the better. But [27:33] >> yes, but whatever. I mean, it's right [27:35] » yes, but whatever. I mean, it's right [27:35] bedtime, right? [27:37] He's going to sleep. [27:39] >> It'll do it. [27:40] » It'll do it. [27:40] >> Or it'll get you so worked up [27:43] » Or it'll get you so worked up [27:43] >> maybe. [clears throat] [27:43] » maybe. [clears throat] [27:43] >> Then you will sleep and then you'll [27:45] » Then you will sleep and then you'll [27:45] write down all your questions and say [27:47] what the heck is this. So whatever it [27:49] is. [27:50] >> Okay. So then I guess really the [27:52] » Okay. So then I guess really the [27:52] recommendation is to really go through [27:54] what's already put together, [27:56] >> kind of digest it for a minute or two. [27:58] » kind of digest it for a minute or two. [27:58] Uh think about some questions and or [28:01] suggestions, send them off to the [28:03] secretary and then we'll hash it out [28:05] here and [28:07] >> correct. [28:08] » correct. [28:08] >> I'm almost thinking maybe we should even [28:09] » I'm almost thinking maybe we should even [28:09] maybe uh say maybe 15 minutes in October [28:14] just to kind of [28:15] >> we would it'll be a public hearing. [28:17] » we would it'll be a public hearing. [28:18] I think it's we do it in November and [28:19] then if like I said if the board needs [28:21] to call a special meeting again but then [28:23] there would still be the December date [28:24] if things needed to continue. [28:25] >> But I I suspect that we will be able to [28:28] » But I I suspect that we will be able to [28:28] get where we need to get. [28:31] >> Right. Okay. Fair enough. [28:34] » Right. Okay. Fair enough. [28:34] [clears throat] Okay. Anybody else want [28:35] to [28:36] >> I have something. [28:37] » I have something. [28:37] >> Okay. Go ahead Paul. So my question is [28:41] » Okay. Go ahead Paul. So my question is [28:41] as board members [28:43] if we want to do a site review [28:46] um has this more traditionally [28:48] established a site review committee [28:50] where we have [28:51] >> you talking about the master plan or you [28:53] » you talking about the master plan or you [28:53] talking any [28:56] [clears throat] we want to limit the [28:58] number of the members the number of [29:00] members that go do the site review [29:02] because you don't want to have a quarum. [29:04] Um, have we ever had a policy or [29:06] anything where we issue cards to [29:08] members? [29:09] >> Well, we've had a kind of a loose [29:10] » Well, we've had a kind of a loose [29:10] policy. I remember several years ago, [29:13] um, you know, we were talking about, I [29:15] guess, uh, you know, some some members [29:18] were not visiting the properties. So, [29:20] when you look at something that's on a [29:21] piece of paper, you can't quite grasp. [29:24] Bay Street is a great example. If you [29:26] look at a piece of paper, Bay Street's [29:28] like this, you know, we all know it's [29:30] like this. [29:31] >> Mhm. you know, so I do recommend the [29:33] » Mhm. you know, so I do recommend the [29:33] board uh visit, you know, the sites, you [29:37] know, not necessarily get out of the car [29:38] and walk around it, but at least be made [29:40] aware of where it is, what it looks [29:42] like, what the neighborhood looks like, [29:44] that sort of. [29:44] >> So that brings me to the concern of the [29:46] » So that brings me to the concern of the [29:46] residents when they see folks walking [29:48] around. if we have a card that says we [29:50] are part of the land use board and we're [29:52] just doing our own due diligence. [29:54] >> I also think the concerns and I I think [29:56] » I also think the concerns and I I think [29:56] we can definitely discuss the procedure, [29:58] but I think their concerns and I don't [30:00] want to cuz I think this is more for [30:01] Chief Burton, but their concerns were [30:02] about people coming out to their [30:04] property potentially and taking pictures [30:06] or otherwise. So, you know, to the [30:08] extent it's the you know, it's people [30:10] viewing from the road, I don't know if [30:12] it's necessarily ne necessary to have I [30:15] know it's individual tags. It's not [30:18] always from the road. Sometimes you have [30:20] to go up to the top and look down, [30:23] >> you know, you have to get to the back. [30:25] » you know, you have to get to the back. [30:25] >> Yeah. Then I think we, you know, as long [30:27] » Yeah. Then I think we, you know, as long [30:27] as the property owner themselves [30:29] provides us with an authorization to do [30:31] so, you know, it's like a slippery [30:32] slope. [30:33] >> Again, it wouldn't it still wouldn't be [30:34] » Again, it wouldn't it still wouldn't be [30:34] on the the neighbors unless they [30:36] authorized it. So, [30:38] >> think about yourself. [30:39] » think about yourself. [30:39] >> We can definitely talk about it as, you [30:40] » We can definitely talk about it as, you [30:40] know, figure out if there's something [30:41] more specific, but I don't know if it's [30:44] >> I don't know yet. And I'm just going to [30:45] » I don't know yet. And I'm just going to [30:45] make a comment on it. If you came out of [30:47] your house and you look out the window [30:49] and you saw some guy with a tape measure [30:50] on the side of your building going like [30:52] this, you'd probably come out and be [30:53] like, you know, confrontational to say [30:55] the least. [30:56] >> So I wouldn't recommend anybody just [30:57] » So I wouldn't recommend anybody just [30:57] showing up and walking on people's [30:59] properties, taking pictures, [31:00] measurements or anything like that. Um I [31:03] think most of most of the applications [31:05] we have, especially at Highlands, the [31:06] lots are typically small, so you can [31:09] kind of get a good feel for it just [31:10] driving by. Um, I would think if there's [31:13] a need to go on the property, we'd have [31:14] to do some procedure on that. But that [31:17] sounds [31:17] >> No, I mean that the applicant would [31:19] » No, I mean that the applicant would [31:19] authorize that as part of the [31:20] application. So, I think that's there's [31:22] separate two separate issues. The [31:24] applicant and going on the applicant's [31:26] property versus neighboring properties, [31:28] they're two very different things. If [31:30] the applicant would authorize that as [31:32] part of the application process, you [31:34] know, we're viewing it from the street, [31:36] which is fine either way. Um but but to [31:39] go on to neighboring properties that's [31:41] that's the owner of effort I got. [31:42] >> So yeah [clears throat] [31:44] » So yeah [clears throat] [31:44] I got a dog if you come my property my [31:45] dog will like [laughter] straight up he [31:48] won't even bark he'll bark twice maybe [31:50] before he's putting his teeth in you [31:51] know so you know and other people [31:54] probably have other dogs my dog's like [31:55] 30 lbs you know there's much bigger dogs [31:57] that do much worse damage than uh my [32:00] little dog but uh anyway okay uh any [32:03] other comments from the board or [32:05] anything else to go over? [32:07] No. Okay. Uh for a motion to adjurnn. [32:11] >> Motion. [32:12] » Motion. [32:12] >> Second. [32:13] » Second. [32:14] >> All in favor? [32:14] » All in favor? [32:14] >> I. [32:16] » I. [32:16] >> Okay. Take it off. And again to the [32:18] » Okay. Take it off. And again to the [32:18] public, you will be noticed like like [32:20] three years. I'll figure it out. [32:35] » Yeah. You got it. [32:46] » [laughter] [32:55] » All right. [33:03] » Good night. [33:04] I think it's not. [33:08] >> Yes. Thank you.