Agenda
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[0:00]
meeting is now called to order
[0:03]
if everyone would please rise and take
[0:05]
the flags
[0:10]
i pledge allegiance to thank the united
[0:13]
states of america and to the republic
[0:15]
for which it stands one nation under god
[0:19]
indivisible with liberty and justice for
[0:22]
all
[0:32]
i'll just come up here
[0:57]
am rosario hi deanna rosario do solemnly
[1:00]
swear you seldom swear that i will
[1:02]
support and maintain that i support and
[1:04]
maintain the constitution and laws of
[1:06]
the united states constitutional laws in
[1:08]
the united states and the constitution
[1:10]
and laws of north carolina
[1:12]
and a constitutional laws in north
[1:14]
carolina not inconsistent there with not
[1:17]
inconsistent there is and that i will
[1:19]
faithfully discharge and that i will
[1:21]
faithfully discharge the duties of my
[1:23]
office my duties in my office as a
[1:25]
member of oatmeal's board of adjustments
[1:27]
so
[1:28]
as a member of oatmeal's board
[1:31]
so help me guys so how many guys
[1:36]
i did
[1:37]
oh
[2:12]
um
[2:55]
sure
[3:01]
[Laughter]
[3:08]
all right dan uh you up if you're ready
[3:11]
give me one second
[3:12]
restarting okay
[3:32]
everybody doing tonight
[3:35]
good good
[3:38]
i have one right here thank you i guess
[3:52]
everything always picks the worst time
[3:57]
murphy's law um
[4:21]
so
[4:47]
all right
[5:09]
second
[5:10]
i'm sorry
[5:49]
some technical difficulties
[6:31]
uh
[6:40]
um
[6:54]
so
[7:08]
right
[7:19]
so
[7:41]
all right you good
[7:44]
um
[7:58]
[Music]
[8:08]
one second
[8:20]
uh
[8:38]
you can't get my presentation
[8:42]
you can't see the screen from what
[8:44]
you're looking at now
[8:46]
okay
[8:47]
that's not the screen of the
[8:49]
presentation on are we doing uh
[8:52]
we do the training
[8:56]
[Music]
[9:06]
a refresher on the standard here
[9:11]
ultimately if you have if
[9:15]
they have the entire presentation
[9:17]
printed out for them
[9:19]
so you can just let me do
[9:35]
and i have shared the screen so if you
[9:37]
click at the bottom it says share screen
[9:39]
you should be able to see what you're
[9:40]
looking at
[10:02]
well they have it in front of them okay
[10:06]
all right y'all hear me okay
[10:08]
yes yes
[10:12]
everybody hear me yes yeah
[10:14]
okay great
[10:15]
all right so i know it's been a long
[10:17]
time first of all sorry that i'm remote
[10:20]
coded right now
[10:22]
uh so i couldn't be there in person and
[10:24]
then sorry for all the technological
[10:25]
issues my computer shows up
[10:31]
so as as you all know
[10:32]
uh we've met
[10:34]
previously but um it's been quite a
[10:36]
while since we've had a board of justice
[10:38]
hearings
[10:40]
uh so just before we get started with
[10:42]
the substantive uh case before us
[10:44]
tonight reminder on the
[10:46]
uh rules and procedures for board of
[10:48]
adjustments
[10:50]
um
[10:52]
as you all are as you all may recall
[10:54]
this is what is known as a quadratic
[10:55]
judicial board
[10:57]
and what that means is this is
[11:00]
sitting as like a judge would get
[11:03]
uh in court
[11:05]
you're you're taking back to
[11:07]
define legal standards who goes back
[11:10]
making determination as to whether the
[11:12]
applicant
[11:40]
land use that is
[11:42]
allowed within the town of hotels but
[11:44]
only by special use permits so it's
[11:47]
used that we are
[11:49]
you can
[11:50]
do this uh but only in support of
[11:52]
adjustment agreed that it is
[12:09]
the chair of me and i understand we have
[12:11]
to have a temporary chair if we uh
[12:14]
had the board uh vote to elect the
[12:16]
career in care
[12:19]
not yet
[12:21]
so in a few minutes we'll need to do
[12:23]
that to proceed uh because current
[12:25]
chairs uh
[12:28]
expired and we'll need to reappoint them
[12:31]
because everyone serves with three-year
[12:32]
terms so we need to have a five-member
[12:34]
board
[12:35]
so
[12:36]
in just a few minutes you'll vote to
[12:38]
have a temporary um
[12:42]
chairperson and then that person will
[12:44]
sort of run the meeting
[12:47]
and i'll be happy to assist with that
[12:48]
but the way the way it runs is you've
[12:50]
got an applicant here
[12:53]
who's
[12:54]
soon present for the meeting
[12:56]
may be represented by council
[12:59]
there
[13:01]
their verdict is to come in and show you
[13:03]
that they are entitled
[13:05]
to a specialist permit
[13:08]
as
[13:09]
the board of adjustment your job is to
[13:12]
elicit the facts and testimony necessary
[13:15]
to make a determination
[13:16]
as to whether the four criteria for
[13:18]
special permanent or medic
[13:20]
if they are met then you do rest but
[13:23]
then you should grant specialties permit
[13:25]
if they are not met
[13:27]
then you need to document why
[13:30]
which element is not met and why it is
[13:32]
not passed ultimately is the burden of
[13:34]
the applicant to prove that they meet
[13:36]
those four standards
[13:38]
your role as a board member and an
[13:40]
important adjustment is to elicit the
[13:42]
testimony necessary to make that
[13:44]
determination
[13:45]
or if there's questions about something
[13:47]
that the applicant has presented or
[13:49]
someone believed in opposition to this
[13:50]
but she's permanently presented to ask
[13:53]
those questions so that you have the
[13:54]
knowledge base to make the decisions now
[13:57]
everything that you use to make a
[13:59]
decision and acquire that judicial
[14:01]
hearing has to come from the hearing
[14:03]
itself so anything that you may already
[14:05]
know
[14:06]
or may have heard about this project you
[14:09]
can put that out of your mind i don't
[14:10]
think that's going to be an issue here
[14:13]
but you need to make your decision on
[14:15]
whether the permit is granted or not
[14:19]
only on the facts presented to you
[14:21]
tonight that are part of the record in
[14:23]
this case the record in this case is
[14:25]
what will be presented
[14:27]
during the hearing testimony any
[14:29]
documents that may be presented
[14:32]
i don't know that this will be an issue
[14:34]
tonight but certain testimony requires
[14:36]
an expert opinion
[14:38]
for example traffic impact
[14:41]
things that would be within the realm of
[14:44]
something only a
[14:46]
um
[14:46]
an expert would
[14:48]
have knowledge of
[14:50]
so effect on property values
[14:54]
traffic study analysis those types of
[14:56]
things and as we as we get through the
[14:58]
hearing if any of that comes up i'll
[15:00]
flag that for you that's probably with
[15:02]
our expert testimony
[15:04]
and that's that just means you know you
[15:06]
can't consider late testimony is just someone coming in
[15:09]
and saying i think this is going to
[15:11]
affect my property values
[15:13]
um
[15:15]
you need someone who is familiar with
[15:17]
the field of real estate you could
[15:20]
testify that how it might affect
[15:22]
property value
[15:24]
likewise um
[15:27]
so
[15:29]
as as we go through tonight um
[15:32]
you know i'll i'll make sure that we're staying within the balance of
[15:35]
testimony that we are allowed to have at
[15:37]
this hearing
[15:39]
and if anybody does have questions about
[15:41]
a piece of testimony or evidence of the
[15:44]
appropriateness of that
[15:46]
just let me know
[15:48]
and we'll make sure we
[15:52]
proceed the right way
[15:54]
so
[15:57]
as i said the issue tonight is
[16:02]
a special use permit
[16:05]
the four criteria for special needs from
[16:08]
nesting on one second
[16:10]
hey dan i have that at the um
[16:13]
back of my uh
[16:15]
you guys have this yes yeah they have
[16:17]
that in there as well i mean if you want
[16:19]
to explain to them that's fine
[16:30]
uh
[17:03]
things like that because
[17:05]
that's not what's before us tonight um
[17:07]
dan what'll probably happen is um
[17:10]
now that we've concluded the ethics
[17:12]
training there are privilege in the
[17:14]
elect officers but when i do a quick
[17:16]
presentation on the case the slides that
[17:19]
i provided for them the four criterion
[17:22]
for the special use is at the back of
[17:24]
that and there may be some discussion to
[17:26]
make sure they clarify
[17:29]
the specific particular criterion um at
[17:32]
that time so i think the training that
[17:34]
you just gave is sufficient so we can
[17:37]
discuss this later when that's when we
[17:39]
get to that decision
[17:42]
if they need clarification
[17:44]
did any member of the board have any
[17:46]
questions at this point on on what we're
[17:48]
doing tonight or how we're going to go
[17:50]
about doing that
[17:51]
i do not no they said no there was one question
[17:56]
hello we got one question hold on a
[17:57]
second i'm sorry i may be jumping ahead
[17:59]
but
[18:00]
this whole special use permit is because
[18:02]
the current zoning codes don't allow for
[18:05]
daycare i'll give you updates or is that
[18:07]
am i jumping ahead no no perfect
[18:09]
question it's in the presentation i'm
[18:11]
getting ready to give and it'll make all
[18:12]
the sense world
[18:14]
all right i think that's it dan uh jane
[18:17]
you want to move to the rest of the uh do we have a volunteer for a vice
[18:23]
chair
[18:33]
and i think what jane is saying is
[18:35]
until you elect officers the um mrs
[18:39]
hamilton would just preside over this
[18:41]
meeting in the union so we wanted to go
[18:42]
to the motions and seconds for that one
[18:46]
well technically she just and correct
[18:48]
for wrong jane and dan
[18:50]
mrs hamilton will take us through item
[18:53]
three which is approval of an agenda the
[18:55]
election of officers
[18:58]
y'all didn't approve that
[19:00]
okay so we're at the election of the
[19:02]
chair and vice chair
[19:04]
ultimately you make that decision and
[19:07]
whoever is chosen at the chair and they
[19:09]
take over the rest or do you just leave
[19:11]
miss hamilton to finish to me my
[19:12]
suggestion is that tonight we'll like
[19:15]
elect a vice chair
[19:18]
and then once miss uh
[19:20]
crater is receded then we can
[19:27]
so we just elect the vice chair tonight
[19:30]
yeah that's if dan thinks that's
[19:33]
appropriate
[19:34]
and dana did you catch that
[19:36]
i
[19:40]
ultimately mrs hamilton has volunteered
[19:42]
as vice chair but with the issue of mrs
[19:45]
craver
[19:46]
um i think miss hamilton we would
[19:49]
ultimately let her preside over the rest
[19:52]
of the meeting but they're gonna
[19:54]
nominate a vice chair tonight and then i
[19:57]
guess they wait until no
[20:00]
i'm saying
[20:01]
miss hamilton would be
[20:03]
the vice chair
[20:05]
then at the next meeting we
[20:08]
can
[20:09]
do the whole election okay so so mrs
[20:11]
hamilton is volunteers vice chair she
[20:13]
proves out over this meeting his vice
[20:15]
chair and then at the next particular
[20:17]
board of adjustment meeting we just have
[20:18]
the
[20:19]
election of the office yeah i think that
[20:22]
worked okay okay
[20:24]
uh does anyone have any comment
[20:28]
no just because i was gonna make a
[20:30]
motion tour okay
[20:44]
the second about mrs gaston
[21:01]
yeah uh next on the agenda is uh the
[21:04]
approval of the minutes
[21:06]
we did that already oh yeah i did that
[21:08]
all right i guess next i'm up um
[21:11]
the public hearing uh i'm reading from
[21:13]
this particular document now
[21:16]
and this is the official public hearing
[21:18]
this is for a board of adjustment case
[21:21]
and it's a request to consider a special
[21:23]
use permit to allow a daycare facility
[21:26]
in a rr rural residential slash cz
[21:30]
conditional zoning district this is case
[21:33]
p 22-01-hm
[21:36]
on august 29th 2022. if you flip to the
[21:39]
second page
[21:41]
um just the background information the
[21:43]
applicant again is seeking a specialist
[21:45]
permit to open up a daycare facility
[21:48]
inside of an existing recreational
[21:50]
facility if you recall
[21:52]
or if you're not sure the tj robertson
[21:54]
life center is open
[21:56]
as a
[21:58]
recreational facility the site is 10.0
[22:01]
acres in size
[22:02]
but this is the key that's tied to mrs
[22:05]
gaston's previous question
[22:07]
the reason why there is a zoning case
[22:10]
zng-009
[22:13]
because this site is zone rr slash
[22:17]
conditional zoning and when she
[22:19]
initially got the conditional zoning
[22:21]
approval a couple years ago
[22:24]
she was specifically ironed in to the
[22:27]
uses that she submitted with the
[22:30]
application at the time two years ago
[22:32]
and it was just generic uses so when she
[22:35]
wanted to actually add daycares as a use
[22:38]
because daycares was not listed in the
[22:41]
list of uses she wanted under the
[22:44]
initial conditional use approval she had
[22:47]
to go through the process again to add
[22:49]
daycares in as a permitted use
[22:52]
she's here today because our zoning
[22:55]
coach says that the only way you can
[22:57]
approve a daycare is by a special use
[23:00]
permit so the case that i'm referencing
[23:02]
again this is
[23:05]
zng00922 that was approved on july 18th
[23:08]
was just our board of commissioners
[23:10]
giving her the approval to have daycares
[23:14]
as a permitted use on this conditional
[23:17]
zoning with them knowing that in order
[23:20]
to approve the daycare she would have to
[23:23]
come through to you guys so that's why
[23:25]
she's here today but that's why that
[23:27]
reference case is in your staff report
[23:31]
um
[23:32]
next page it provides you with just the
[23:36]
zoning of the property and surrounding
[23:38]
zoning you see the properties to the
[23:41]
south or zone rr
[23:44]
the property of directly adjacent to the
[23:47]
subject property is developed with the
[23:49]
religious facility
[23:50]
and so basically you have mainly almost
[23:53]
100 percent residential uses around this
[23:55]
particular property
[23:57]
the next page it outlines the
[24:00]
southwest plan the southwest plan calls
[24:03]
for medium density residential and
[24:05]
suburban residential um you'll find that
[24:09]
to be useful when you get to the back
[24:11]
page because one of the last criteria
[24:13]
speaks about the land use plan that's
[24:15]
the reason why i have that in here um
[24:18]
the next couple of video slides you see
[24:21]
are just the site
[24:22]
photographs i'm not sure if you guys had
[24:24]
a chance to visit the site but this is
[24:26]
the existing facility it's 50 000 square
[24:29]
feet um and i want to make sure i point
[24:32]
out whatever is going on at the facility
[24:34]
right now as a recreational center
[24:36]
that's really not what you're
[24:37]
considering you're considering if a
[24:40]
daycare center is suitable to be
[24:42]
operated inside of it she's not
[24:44]
constructing anything on the outside
[24:47]
this will basically be a complete
[24:49]
internal operation and so i don't think
[24:52]
you'll see anything different than what
[24:53]
you see out there now it just means that
[24:56]
somewhere in that building she's going
[24:58]
to operate a daycare now in full
[25:00]
disclosure she's also going through
[25:01]
inspections to go through the proper
[25:03]
process for permitting and things of
[25:05]
nature but she has to get disapproved
[25:07]
first
[25:08]
if you go to the last sheet
[25:11]
what i have on here um this is directly
[25:13]
out of general statute in order to grant
[25:16]
a special use permit the board of
[25:18]
adjustments must find the following and
[25:20]
i'll read them out
[25:21]
into the record
[25:23]
a that the use will not materially
[25:25]
endanger public health or safety
[25:28]
second the use meets all required
[25:30]
conditions and specifications
[25:32]
third the use will maintain or enhance
[25:35]
the value of adjoining or budding
[25:37]
properties or that the use is a public
[25:40]
necessity and finally that the location
[25:43]
and character of the use will be in
[25:45]
harmony with the area where it is
[25:46]
located in this generic general
[25:49]
conformity with the towns of dr lange's
[25:52]
plan i put that on the previous slide to
[25:54]
show you that it is in compliance with
[25:56]
the lanes plan knowing that that was
[25:58]
going to be mentioned in the fourth
[26:00]
criterion um and then correct me if i'm
[26:03]
wrong i have in bold a four-fifths vote
[26:06]
is required to grant a variance but all
[26:08]
other actions by the board of
[26:10]
adjustments are just requiring a
[26:12]
majority vote is that correct
[26:15]
that's correct that tonight is just a
[26:17]
simple majority simple majority vote so
[26:19]
just to clarify if this is a variance
[26:22]
they would have to get four out of five
[26:23]
of you guys to vote approval but because
[26:26]
it's a species permanent a simple
[26:28]
majority would ultimately grant the
[26:30]
approval um then also just for
[26:32]
clarification do does the applicant have
[26:35]
to show
[26:37]
support for all four criterion for a
[26:40]
special use permit like a variance or is
[26:42]
it
[26:44]
up to the discretion of the board
[26:46]
well the board has to find that all four
[26:49]
of those that's what i'm asking so what
[26:51]
i'm clarifying is all for these
[26:53]
criterion you would have to find that
[26:56]
she meets all four of these
[26:58]
before we can ultimately grant that
[27:00]
majority approval um that concludes my
[27:03]
presentation in terms of the finest
[27:05]
effect i like to open up the floor to
[27:07]
any questions that you guys have for
[27:10]
myself or the town clerk or the town
[27:13]
attorney
[27:17]
that's it for the presentation because
[27:20]
that's why i said typically for
[27:21]
quasi-judicial the only thing i can do
[27:24]
is tell you the facts of the case i
[27:25]
can't give you
[27:26]
an opinion about it i can't tell you
[27:28]
what you should or should do i typically
[27:30]
would give a very
[27:31]
lengthy recommendation but
[27:34]
because the decision of the like mr hot
[27:37]
sauce said that your decision is based
[27:39]
on just fondness of facts and testimony
[27:42]
that's what you have to rely on and what
[27:44]
you're ultimately
[27:45]
deciding is if this facility the way it
[27:49]
exists now
[27:50]
do you think a daycare center suitable
[27:52]
on the inside that's ultimately what their request is i think he's
[27:56]
asking if anybody has any questions on
[27:58]
the four factors i do
[27:59]
for that
[28:01]
i mean i don't see how c is meant
[28:06]
a public necessity
[28:09]
i think that's just a matter of and dan
[28:11]
craven for wrong with a daycare center i
[28:13]
don't know if
[28:15]
any daycare would be a public necessity
[28:17]
per se that's more of a
[28:19]
i guess more european
[28:21]
you know if you look at the criteria
[28:23]
where we're trying to see if it meets
[28:26]
whether it is the public necessity is
[28:28]
not on the list
[28:30]
so you know we need to find that it is
[28:32]
it won't endanger public health
[28:35]
that is going to maintain or enhance
[28:37]
value of property around it
[28:40]
but it doesn't need to be so we don't
[28:42]
need to decide if well we need a daycare
[28:45]
center
[28:46]
or we don't need anything
[28:47]
that's not really what
[28:50]
your your job tonight is solely to
[28:51]
determine these four factors
[29:00]
okay i have a question
[29:02]
this
[29:04]
proposed daycare this is for school-aged
[29:06]
kids before after school
[29:09]
off school daycare it's not going to be
[29:11]
like infants and
[29:12]
toddlers from my understanding of school
[29:15]
age um kids
[29:16]
from my i think uh
[29:19]
i'm not mistaken she might have it in
[29:21]
her application so you mean just after
[29:23]
school care and not like a full day care
[29:25]
from 0 to 12. hold on a second it has it
[29:28]
here it has before and after school
[29:31]
it says before and after care for kids
[29:33]
that's in the in this one the agenda yes
[29:36]
in the uh phase 3 of the application
[29:40]
it does say pretty much
[29:42]
full day care but it does say
[29:45]
it doesn't say school age or infants it
[29:47]
just says for kids
[30:04]
i would say if it says school before
[30:06]
after school i would
[30:08]
probably consider that school age but
[30:10]
and what about summer programs
[30:15]
she has summer camp in here
[30:18]
they already do that yeah and i think
[30:20]
they are already doing that so so this
[30:22]
is basically just an expansion of what
[30:23]
they already do
[30:26]
as a recreation center
[30:28]
i wouldn't say just an expansion because
[30:31]
the state based on what she's moving
[30:33]
with this is will be on approved daycare
[30:36]
with the state so
[30:38]
some of the activities that she does
[30:40]
with kids may be increased but for what
[30:43]
she's asking for this evening there is
[30:45]
going to be an officially state approved
[30:47]
daycare operation um i do think that
[30:50]
some of the services that a child
[30:54]
participates in daycare may
[30:56]
be similar to what typical summer camp
[30:58]
activities are
[30:59]
but i wouldn't call it an extension of
[31:02]
summer camp um it appears that there are
[31:05]
some activities she's going to be doing
[31:06]
with kids that do fall under the strict
[31:08]
specific
[31:10]
requirements of what the state regulates
[31:12]
as a daycare
[31:15]
do we know had any of the neighbors had
[31:18]
any objections
[31:19]
no
[31:20]
based on the general statute we do we
[31:23]
did send notices out to all adjacent
[31:25]
property owners
[31:26]
and i want to make sure i'm clear as
[31:28]
well this has been
[31:31]
discussed for about three months because
[31:34]
if you recall she had a two-month
[31:36]
process from the zoning which was
[31:39]
planning board and board of
[31:40]
commissioners where at that public
[31:42]
hearing it was notified that she's
[31:44]
pursuing this zoning action because she
[31:47]
wants to add a daycare so i will say
[31:50]
that not only was this particular
[31:53]
special use permit
[31:54]
hearing advertised that sign has
[31:57]
probably been up on that property
[31:59]
advertising the two-month period of
[32:01]
rezonings as well and so if you looked
[32:04]
at our
[32:05]
zone of signs
[32:06]
we're trying to
[32:08]
get a little snazzy with technology our
[32:10]
zoning signs have qr codes on them so i
[32:13]
don't have to go get the zoning case
[32:15]
printed on every sign you take your
[32:17]
camera and you point it at the sign it
[32:19]
runs it straight to a public hearing
[32:21]
pending public hearing agenda item so
[32:24]
the public agenda item for the rezoning
[32:27]
case has been
[32:29]
pretty much on uh our website since
[32:32]
probably june
[32:34]
and that's the case that listed she's
[32:36]
pursuing a daycare center here this is
[32:39]
the approval of the daycare center so i
[32:41]
would surmise that the general public at
[32:44]
least in the surrounding neighborhood
[32:45]
because we had to send notices out to
[32:47]
adjacent properties for the rezoning
[32:49]
case and this particular case to answer
[32:52]
the question i would surmise that in my
[32:54]
opinion they probably are aware i'm not
[32:57]
i haven't received any phone calls in
[32:59]
any opposition
[33:01]
but at least i can say that sign
[33:04]
notifications letters and on our website
[33:07]
it has been up for quite some time at
[33:09]
least two months
[33:11]
this will be the third month because
[33:13]
the approval of the rezoning was on july
[33:16]
8th
[33:17]
um and then we had to wait a while to
[33:19]
get a date to actually uh
[33:22]
um be within your your schedule as well
[33:25]
so i would say
[33:27]
since june has been the time that we
[33:30]
were probably advertising um probably
[33:32]
earlier than that because
[33:34]
the
[33:34]
town of oatmeal's border commissioner's
[33:36]
approval was in july 18th the planning
[33:39]
board approved was the month prior to
[33:41]
that
[33:42]
most daycares have outside facilities
[33:44]
for the children is that already there
[33:48]
our ordinance only says that if you have
[33:51]
a playground it has to be enclosed with
[33:53]
defense it does not require a playground
[33:56]
we haven't gotten any indication from
[33:58]
mrs robinson that she's doing anything
[34:01]
on the exterior of the site
[34:04]
to submit the site plan that she made in
[34:06]
submitting an application is the same
[34:08]
site plan that she used so that's why i
[34:09]
said from what has been presented to
[34:11]
staff this appears to be an internal
[34:14]
operation if you've ever visited the
[34:16]
site there's so much
[34:18]
there's a lot of activities inside the
[34:20]
building and so i'm not
[34:22]
sure if that factored into why she's not
[34:25]
going to have a playground but she does
[34:26]
not
[34:27]
have one
[34:28]
uh submitted with the site plan that
[34:30]
gives us the
[34:31]
impression that there's any activity
[34:33]
that's going to take place
[34:54]
i think you can discuss if you got any
[34:55]
questions for us or you got a question
[34:56]
for each other
[34:58]
and then i guess somebody makes a motion
[35:00]
at some point is there anyone here
[35:01]
that's going to present their case um and dan craft i don't think the
[35:06]
applicant has to be present um yeah yes
[35:10]
so who's the advocate that want to
[35:12]
present
[35:13]
testimony that's fine uh then you just
[35:16]
make your decision based on the
[35:18]
documents that are in the record okay
[35:20]
yeah
[35:22]
so there's nobody here that
[35:23]
will speak against her for
[35:26]
basically there's nobody here in support
[35:28]
or in opposition um which is typical
[35:31]
with public hearings um
[35:33]
but if there are questions that you
[35:35]
specifically have for her that's not in
[35:38]
the documents you have to record that
[35:40]
would be a challenge but as of right now
[35:43]
if that does if that is the case if you
[35:45]
do have questions that aren't answered
[35:48]
by the evidence currently in the record
[35:50]
and you need testimony from the
[35:51]
applicant or someone else
[35:53]
in order to make your decision
[35:56]
then we would have to probably uh
[36:00]
you know
[36:01]
reconvene
[36:03]
and ask that uh the applicant be
[36:05]
president yeah so that's a deferral if
[36:07]
you feel that there's an answer that you
[36:10]
need that is gonna determine the vote
[36:14]
yes or no
[36:15]
then i think what he's saying is you
[36:17]
could possibly uh postpone or defer the
[36:19]
case so that she can
[36:22]
answer your question directly or if you
[36:24]
feel that the documents and the
[36:26]
information that you have this evening
[36:29]
is sufficient enough for you to make
[36:30]
that evaluation or that determination
[36:33]
then you proceed accordingly i do have
[36:35]
some questions um
[36:37]
how close is the nearest residential the nearest housing
[36:42]
is there a
[36:43]
um
[36:44]
it's like a distance
[36:46]
yeah a neighborhood close to the
[36:48]
building or is it out there where
[36:50]
there's nobody around it i will say
[36:52]
uh if i'm on the building side of
[36:56]
black's bridge there's a church if i'm facing the building there's a
[37:02]
church on the left-hand side there are
[37:05]
two single-family houses on the
[37:07]
right-hand side
[37:09]
and then across the street there's a
[37:11]
whole neighborhood okay so i think the
[37:14]
neighborhood is called blackbridge
[37:15]
village
[37:16]
and i think steeplechase is on the
[37:18]
backside of that across the street
[37:21]
but right beside it there is a
[37:23]
pretty large church on one side
[37:26]
and
[37:27]
i wouldn't call it a heavily wooded area
[37:29]
it's not a neighborhood on the other
[37:31]
side but there are two houses
[37:33]
on that side i would say most of the
[37:35]
residential development that you see
[37:38]
is probably across the street i wouldn't
[37:40]
say there's a significant amount of
[37:42]
resident development within the
[37:43]
close confines on the same side of the
[37:46]
street okay because this says that it
[37:48]
will operate from six in the morning
[37:50]
until six in the evening
[37:51]
um so i'm just asking these questions
[37:54]
because of maybe a noise issue
[37:56]
um if they're going to have recreational
[37:58]
activities you're adding an additional
[38:01]
however many children that are going to
[38:03]
be there so is this going to create a
[38:05]
noise issue with the neighbors um that's
[38:08]
kind of where i'm going to just know
[38:09]
it's traffic transportation right into
[38:12]
the day and people lining up on the
[38:14]
street i mean i see that the parking lot
[38:17]
is extremely large
[38:19]
um but if you got a lot of recreational
[38:21]
activities going on you got people
[38:22]
coming and going picking up kids
[38:25]
so that could become an issue i would
[38:27]
say um
[38:29]
just and i'm not the advocate but just
[38:31]
surmising what has been presented to me
[38:34]
i would say that i think the building is
[38:36]
sufficient enough to handle the
[38:38]
operation internally
[38:40]
she hasn't indicated to me what the
[38:42]
number of kids are
[38:45]
i didn't get an indication where it's a
[38:48]
large and considerably large
[38:50]
number of people um typically what we
[38:53]
look for is the parking and the parking
[38:55]
calculation is one space for
[38:59]
i think
[39:00]
three
[39:04]
parking calculation is
[39:10]
two parking spaces plus one off street
[39:12]
parking space for each employee
[39:15]
and so um
[39:18]
i think it's more of a judgment call we
[39:19]
don't have any information that tells us
[39:21]
how many children that she's targeting
[39:23]
to deal with during the day so i do
[39:25]
think that's a valid question i guess
[39:27]
your question would be
[39:29]
do you think that
[39:30]
the day care center operation at the
[39:34]
same time as the recreation facility
[39:36]
operation
[39:38]
will push
[39:39]
this facility to the point where it
[39:41]
wouldn't have adequate parking from what
[39:43]
you have now that's the question that
[39:45]
you ultimately have to determine but i
[39:48]
don't see anything in my application on
[39:50]
what has been submitted to us
[39:52]
it would help to know like if they have
[39:54]
a half of the building dedicated for
[39:56]
child care or one big room dedicated for
[39:59]
child care or however they're going to
[40:01]
do that so that would give them them as
[40:03]
well as us an approximate idea of how
[40:05]
many people are going to be in that
[40:07]
facility any i will say if that is that
[40:10]
is the question i will say from my
[40:12]
conversations with the chief building
[40:14]
inspector because right now
[40:15]
she's having to deal with them because
[40:18]
what no matter where you put this in the
[40:20]
building you're going to have
[40:21]
um exit fire hydrant i meant fire exit
[40:25]
issues and things that you may have to
[40:26]
alter the building to do
[40:28]
and so from my
[40:29]
uh
[40:30]
conversations and meetings with them and
[40:33]
the applicant and the
[40:34]
chief building inspector it appears that
[40:36]
a small room or small section of the
[40:39]
interior piece would be used it does not
[40:42]
appear to me to sound like half of the
[40:44]
entire facility will be utilized it
[40:47]
sounds like she's trying to find a small
[40:50]
area or room within the existing portion
[40:53]
that she would have to alter to steal me
[40:55]
the building code but that's what it
[40:57]
appears to be centered towards
[41:00]
that's still an intimidating number of
[41:02]
kids
[41:03]
but it does indicate to me that it
[41:05]
appears that she's want to utilize a
[41:07]
small portion of the building not the
[41:09]
entire facility
[41:10]
i do have a question for that playground
[41:13]
if she wants that playground will she
[41:14]
have to come back
[41:16]
and do this again no the playground
[41:19]
simply says in our code if you do have a
[41:22]
playground it just gives parameters on
[41:24]
the construction of that playground so
[41:26]
if you go back to the far end and i'm
[41:29]
just telling you why i don't think that
[41:31]
she's going to have one
[41:33]
if you go to the far end of that site
[41:36]
that's the only portion of the site
[41:37]
that's not pavement
[41:39]
the entire front and other uh front and
[41:43]
left right side of the entire facility
[41:45]
is paved the other side of it is an
[41:47]
adjacent property so if i were just
[41:50]
looking at analysis
[41:52]
analyzing the site i would say the rear
[41:54]
would probably be the only area that she
[41:56]
could put something the reason why i
[41:58]
don't think that's practical is because
[42:00]
that's the rear entrance on exit to the
[42:03]
biggest gym that they have
[42:05]
so you'd be running a a playground out
[42:08]
of the gym
[42:09]
the way the code reads the playground
[42:12]
has to be accessible from an interior
[42:13]
classroom
[42:14]
so i don't think that that portion of
[42:17]
the building would be sufficient for a
[42:18]
playground either that may be why she's
[42:21]
not proposing one if she does propose a
[42:25]
daycare she wouldn't have to come i mean
[42:27]
propose a playground she wouldn't have
[42:29]
to come back to you guys to get an
[42:30]
approval on the playground she's going
[42:32]
to meet the building code on where she's
[42:34]
putting it and the accessibility to it
[42:37]
so she still has to meet the building
[42:39]
code but the playground wouldn't have to
[42:42]
come back to you guys for approval i
[42:45]
just think based on the me looking at
[42:47]
the building looking at the site and the
[42:49]
layout of the building
[42:51]
i don't see where she could put one
[42:52]
outside if she does do one she has to be
[42:55]
the building code
[42:56]
that street is it a two-way street black
[42:59]
bridge yeah yes okay and we is she gonna
[43:02]
have someone or do you know if she's
[43:04]
gonna have someone out there to direct
[43:06]
traffic control once pickup starts at
[43:08]
six because
[43:10]
and i can't i'm trying to picture it but
[43:12]
having that traffic backed up so the the
[43:15]
parents can come in and pick up the kids
[43:17]
is someone going to be there controlling
[43:19]
that traffic i would say um in terms of
[43:22]
it's two different
[43:24]
levels to that answer when dlt approves
[43:27]
a facility of this magnitude they
[43:29]
require what we call a deceleration lane
[43:32]
if it gets a big a much bigger they are
[43:34]
going to require stop lights and things
[43:35]
that nature so dlt did require the
[43:38]
installation of a deceleration lane for
[43:40]
this facility and what that is is if you
[43:42]
have traffic coming this way and traffic
[43:45]
coming this way on blackbridge road and
[43:47]
cars start to back up there's a separate
[43:49]
dedicated lane
[43:51]
that you can pull into they just gives
[43:53]
only access to this site
[43:55]
so that's the answer to the
[43:57]
car stacking up on blackbridge if we're
[44:00]
talking about dropping off directly in
[44:03]
front of the building
[44:04]
because of the topography if you go to
[44:06]
the site it's very steep
[44:08]
sloping topography so i would surmise
[44:11]
that the drop-off area is probably going
[44:13]
to be well off of blackbridge because
[44:15]
you're going to probably have to turn
[44:17]
into the site and drive a condition a
[44:19]
pretty considerable distance to get to
[44:21]
the building
[44:22]
and that's probably where i would
[44:24]
surmise that you're going to have kids
[44:26]
being dropped off i don't you're not
[44:27]
sure on that
[44:29]
i don't see how you would do it in
[44:31]
blackbridge because
[44:33]
at least i probably i wouldn't
[44:35]
um i don't anticipate if you go to the
[44:37]
site
[44:39]
i don't see how anybody really listens
[44:41]
to me would want to drop off on
[44:44]
blackbridge because of the way the site
[44:46]
is set up you would have to turn onto
[44:48]
the property and drive around through
[44:50]
the property to get to the building
[44:53]
that's where our surmise would probably
[44:55]
be your safest location
[44:57]
this would be monday through friday
[44:59]
um yes from my understanding
[45:02]
the site photo the view of it it looks
[45:05]
like there might be multiple entrances
[45:07]
into the parking lot the various
[45:10]
the only interest
[45:11]
to the parking lot is there are
[45:14]
different access points around the
[45:16]
parking lot but there's only one
[45:18]
entrance to the parking lot off of black
[45:20]
ridge road
[45:21]
so there's areas where if you turn in
[45:24]
off of the street
[45:26]
you can
[45:28]
kind of keep straight to a parking area
[45:30]
where they have bus bus parking and then
[45:32]
you can make a left to because it's
[45:34]
almost like a detention pond in the middle of the
[45:38]
site that you can go around but there's
[45:40]
only one entrance to and from the
[45:43]
property of black people and flax bridge
[45:45]
right now is still just two lanes
[45:46]
there's not a turning lane
[45:48]
uh it's it's two lanes in one direction
[45:50]
and then there's a dedicated
[45:52]
deceleration lane that was put in
[45:55]
as required from the d.o.t since the
[45:57]
erect
[45:58]
since this building's been erased yes
[45:59]
okay i haven't been down there in a
[46:01]
while yeah and not much farther from
[46:03]
there are they doing
[46:04]
work for 292.95 they've changed the area
[46:07]
tremendously they got three roundabouts
[46:09]
further down 295 is dumping out there
[46:12]
but
[46:13]
what the reason why i say d.o.t comes
[46:15]
into play when d.o.t was doing the
[46:17]
evaluation of the recreation center in
[46:19]
general because it's 50 000 square feet
[46:22]
because there is concern with traffic
[46:25]
that's where there are certain
[46:26]
thresholds of dlt that are triggered
[46:29]
based on the magnitude of a development
[46:31]
the lowest threshold is your
[46:33]
deceleration lane the next threshold is
[46:35]
a traffic impact study the next
[46:37]
threshold above that is you're probably
[46:39]
having to put in stop lights and things
[46:40]
of that nature and so they determine
[46:44]
what that threshold is and sometimes
[46:47]
they see a development that doesn't
[46:48]
require anything so for this development
[46:51]
um the approval by dot did require
[46:53]
deceleration lane and that's all kind of
[46:56]
been resolved yes
[46:59]
yeah they needed they had to have that
[47:01]
in stock before they could get an
[47:02]
approval from uh traffic impact is one
[47:04]
of those things that does require
[47:06]
expert testimony of these things so
[47:09]
if you believe that that is necessary
[47:13]
that's a good point that might be
[47:14]
something that
[47:15]
you know
[47:17]
you need to
[47:19]
really lean on but
[47:21]
as chancellor said it may
[47:34]
one of the reasons that i asked about
[47:38]
the size of the the childcare operation
[47:40]
is uh that would depend on how many
[47:43]
children would depend on how many
[47:45]
people are coming to drop off and pick
[47:47]
up because they've already got
[47:48]
recreation and everything in there so if
[47:51]
it's only maybe 10 or 12 kids i don't
[47:54]
think it would make that much of a
[47:55]
difference in the traffic so that's kind
[47:57]
of why was that that's a very good point
[47:59]
because if we're talking 10 kids versus
[48:02]
a couple hundred right completely
[48:04]
exactly so like i said if they if
[48:05]
they've already got recreation and all
[48:07]
kinds of other stuff going on you're
[48:09]
still going to have a lot of traffic so
[48:11]
five or ten cars to me isn't going to
[48:13]
make that big of a difference and again
[48:15]
we don't have a number of kids the only
[48:17]
thing i can tell you is the
[48:18]
conversations that we're having you got
[48:20]
to understand the magnitude of it
[48:22]
they're having this conversation after
[48:23]
we've given the building a co we've
[48:25]
already approved everything in the
[48:26]
building for the recreational facility
[48:28]
so when she's coming back she knows that
[48:31]
in order to open this in this facility
[48:33]
she has to do some changes to the
[48:35]
building to meet the building code to
[48:37]
meet the state requirements of what any
[48:39]
daycare would be right and under those
[48:41]
conversations it doesn't appear that
[48:44]
she's saying she's taking half of a 50
[48:47]
000 square foot facility for kids
[48:50]
she's trying to find a small portion
[48:52]
in that building to retrofit that inn
[48:55]
that still doesn't give me the number of
[48:56]
kids
[48:57]
but it kind of does tell me that this doesn't anticipate from my
[49:02]
standpoint to be in a very large
[49:04]
operation
[49:07]
excuse me i said but we don't know
[49:11]
so without knowing the number of kids we
[49:13]
don't know if she's going to have enough
[49:14]
staff to to deal with all the kids and
[49:17]
the traffic and
[49:19]
all the logistics that go with it
[49:22]
that's a valid question but i think
[49:24]
that's that comes in what that falls in
[49:26]
line with your state regulations on how
[49:28]
many people that that really doesn't
[49:30]
have anything to do with us because that
[49:32]
is by the state how many you have the
[49:34]
qualifications of each they do have a
[49:37]
very strict set of regulations yeah i'm
[49:39]
very familiar with it with that and
[49:41]
that's why i said i do know this is a
[49:43]
fully functional daycare center because
[49:45]
we did talk to the state in terms of
[49:47]
what their requirements were it's very
[49:49]
strict yeah yeah it's very strict and so
[49:52]
that still doesn't answer the question a
[49:53]
number of kids but i think when
[49:54]
employees a lot of those things are
[49:57]
regulated and then does she plan to
[49:59]
expand to where she's gonna be third
[50:01]
shift opening on weekends
[50:04]
because then you got to consider the
[50:05]
church traffic
[50:07]
i'm not sure
[50:12]
would that be another hearing if she
[50:13]
wanted to do that or she would just
[50:15]
increase with the stuff we don't approve
[50:17]
the hours of operation
[50:19]
here's a daycare now when you say third
[50:21]
shift what would a third shift daycare
[50:23]
operate as i'm not
[50:24]
sure yeah they they keep the kids
[50:28]
overnight
[50:29]
so eleven to seven
[50:31]
what she ultimately said here in her
[50:33]
application was six a.m to six months
[50:35]
yeah but
[50:36]
i'm thinking
[50:38]
later on and she planned on expanding
[50:40]
and then
[50:41]
i was thinking about traffic especially
[50:43]
if she explained it on sundays with the
[50:45]
church today um dan what i guess would
[50:48]
you consider if their application says
[50:50]
the daycare center from 6am to 6pm with
[50:54]
expanding that to being 24 hours
[50:57]
overnight would that constitute a
[50:58]
different type of approval
[51:01]
that's not
[51:02]
granted here
[51:06]
what's the question for their their
[51:07]
application is to run daycare for six
[51:10]
days
[51:11]
yes and uh there's a question is if they
[51:13]
wanted to expand it to
[51:15]
third shift of overnight would that
[51:18]
require them to come back to the board
[51:20]
of adjustments
[51:24]
um
[51:30]
i mean still a daycare but
[51:35]
well
[51:37]
could they could they do they personally
[51:41]
today i think we consider they're going
[51:43]
to be running
[51:44]
and then if they want to change it down
[51:46]
the road
[51:47]
we'll figure out what happens they have
[51:49]
to do that
[51:51]
but for today
[51:53]
they're they're running
[51:54]
and i do know in the general statute
[51:57]
they can put conditions
[51:59]
um
[52:00]
maybe that could be a condition that it
[52:02]
operates under what the application
[52:04]
indicated it would be that would lock
[52:06]
them in i'm not sure
[52:08]
conditions that you impose on a special
[52:10]
use permit can only be permitted from
[52:12]
the extent that
[52:14]
you know if one of these conditions if
[52:16]
the condition is added then it helps
[52:18]
meet the criteria
[52:20]
so if they meet all the criteria
[52:25]
it has to be
[52:26]
you know if if they ran it from 66 then
[52:30]
it would
[52:34]
yeah that kind of thing so
[52:36]
any condition you put on it has to be
[52:38]
geared towards
[52:40]
assisting them to meet one of these four
[52:41]
criteria in other words they would meet
[52:43]
these four criteria
[52:45]
if they added anybody
[52:47]
does that make sense
[52:49]
yeah do you understand what he's saying
[52:57]
is any anything of financial cost to
[53:00]
hope meals
[53:04]
i mean
[53:06]
as far as taxpayers any of this would be
[53:08]
a financial cost or it's just solely on
[53:11]
the facility
[53:12]
yeah i don't think i'll attacks now it
[53:14]
says here uh no fiscal impact okay yeah
[53:18]
that would be a backer yeah
[53:20]
i mean we as
[53:22]
i do economic development as well so any
[53:24]
new establishment especially this
[53:26]
magnitude
[53:27]
there are benefits from it but i don't
[53:29]
think
[53:30]
this particular use would swing it one
[53:32]
way or the other in terms of the task
[53:35]
base
[53:36]
and i see they're also wanting to do
[53:38]
bingo
[53:40]
is bingo generally in the evenings isn't
[53:42]
it normally in the evening hours
[53:46]
bingo on there i wouldn't consider being
[53:48]
out to be a part of daycare i mean i
[53:50]
think she probably can do that now okay
[53:52]
at the recreation center because i think
[53:53]
she does pickleball and stuff like that
[53:56]
um she has programs for singers but i
[53:58]
don't i wouldn't
[54:00]
she put it in there i wouldn't consider
[54:02]
my daughter six
[54:05]
oh
[54:06]
i'm not sure
[54:11]
they could probably maybe adjust their
[54:12]
hours later and that's not something we
[54:14]
do that's something they wouldn't want
[54:15]
to do
[54:17]
if they got complaints or something
[54:18]
that's just my thought
[54:21]
you know if somebody called about
[54:23]
complaints about noise or traffic then
[54:26]
they could you know maybe adjust it on
[54:28]
their own with their hours or how they
[54:30]
do things so
[54:32]
not just my opinion
[54:36]
because we can't control the hours or
[54:37]
anything that they do out there just
[54:43]
i don't have any more questions
[54:46]
same
[54:47]
any more questions from anybody not
[54:49]
satisfied
[54:50]
um okay so wait i'm sorry i do have one
[54:54]
more question the church says
[54:57]
adjacent do they have a day here
[55:00]
no not to my knowledge i do know they
[55:02]
have talked to the uh
[55:05]
the facility about overflow parking uh
[55:08]
being
[55:09]
allowed at the church
[55:11]
you can do certain things like shared
[55:12]
parking agreements and things of nature
[55:14]
i do know they had conversations
[55:17]
but i do know that i don't i know the
[55:20]
pastor uh i'm gonna say hi but i do know
[55:22]
the pastor but i don't think he has a
[55:24]
daycare at the church okay other than
[55:27]
like during the service
[55:29]
some of them do yeah
[55:30]
i'm not yeah like you know some churches
[55:32]
have overflowed for kids during service
[55:35]
but i don't think because they would
[55:37]
have to go through the special
[55:38]
experiment processes
[55:40]
um any daycare center has to go through
[55:42]
the special perfect process
[55:44]
i'm not aware enough it was one approved
[55:46]
at the church before
[55:48]
i came along i'm not aware of one being
[55:50]
there i do know like i said they've had
[55:52]
conversations about
[55:55]
the utilization of the church parking
[55:56]
lot a lot of times when you have
[55:59]
requests for shared parking we we uh
[56:02]
consider the character and use of the
[56:04]
building so let's say that the time that
[56:06]
my building will be occupied
[56:09]
is during the week and your building is
[56:11]
adjacent and you work during the week as
[56:13]
well we're going to meet at the same
[56:14]
time
[56:14]
so we're not you're not giving me
[56:16]
parking that's taking you're giving me
[56:18]
partners taking away from your parking
[56:19]
calculation but if i'm operating monday
[56:22]
through saturday
[56:24]
and you're a church and you're only
[56:25]
operating on sunday typically those uses
[56:28]
will not be
[56:29]
in conflict with each other those are
[56:32]
two uses that do work well with shared
[56:34]
parking agreements she doesn't have one
[56:36]
with them i do know that they've had
[56:38]
conversation
[56:42]
there's not any more questions we have a
[56:43]
motion to close the public hearing then
[56:45]
we'll have discussion and vote on the
[56:48]
approve our disapproval
[56:50]
i'll make a motion to close the public
[56:52]
meeting except 5 seconds save it
[56:56]
okay so you want to you guys want to
[56:57]
discuss it um
[57:01]
and then we can vote
[57:03]
give some opinions
[57:06]
she's not only home yeah she she can't
[57:08]
yet she's
[57:18]
i don't think it's going to detract from
[57:20]
the value of the joining properties
[57:21]
because they already use it right
[57:23]
they're already out there doing stuff
[57:25]
and it's just an addition to and it's an
[57:28]
and or type thing
[57:30]
so they're just adding
[57:32]
i don't see hand i just
[57:34]
see i mean if our criteria is that it
[57:36]
meets all these
[57:38]
all four of these
[57:39]
yeah speaking to the mic so we can
[57:41]
capture it okay
[57:45]
i didn't know it was on
[57:50]
okay
[57:52]
all right you're recognized down there
[57:55]
so just getting back to letter c
[57:57]
and and from my understand we've got to
[58:01]
based on abcd that
[58:04]
it meets all these requirements and i
[58:05]
don't see how we can determine whether
[58:08]
it's going to maintain or enhance the
[58:10]
value
[58:11]
and i don't see how we could say it's a
[58:13]
public necessity
[58:15]
i mean
[58:16]
i don't know there's other daycares out
[58:18]
there there is a lot of residential area
[58:20]
and i'm sure there's parents out there
[58:22]
that would appreciate a daycare for
[58:24]
their younger children so
[58:27]
i'm just stuck on that but other than
[58:28]
that i think we
[58:30]
i would be good with everything okay
[58:34]
next um i'm inclined to go ahead and
[58:36]
permit it okay
[58:39]
um as far as the enhancement goes my
[58:41]
opinion is that you know the building's
[58:43]
already there
[58:44]
um so it's it's already either enhanced
[58:47]
or it's not and i think that it is
[58:49]
it's a huge building it's a nice
[58:50]
building
[58:51]
um you know they do a lot they they
[58:54]
really do a lot for their children i
[58:55]
think this is just my opinion i'm not
[58:57]
trying to influence anybody um
[59:00]
but
[59:00]
it i i think that it does enhance
[59:07]
um did y'all have a question
[59:11]
no but that's just my opinion on that
[59:13]
part of it
[59:14]
and he already discussed the public new
[59:16]
necessity thing
[59:18]
with that
[59:19]
i just kind of feel that it does
[59:21]
the only thing that that i see is an issue is the number of
[59:25]
children that are going to be there
[59:28]
but they can always work around that i
[59:30]
think and like i said if there are
[59:32]
issues with noise or issues with traffic
[59:35]
they may be able to
[59:37]
adjust their hours so that it's not
[59:39]
during the peak traffic time people
[59:41]
coming in and out to work and
[59:44]
if there are noise issues then
[59:47]
um
[59:48]
if if someone complains about it they
[59:50]
could they can always address that issue
[59:52]
that's just my opinion so
[59:54]
and they definitely have plenty of
[59:56]
parking yeah they do i saw that that's a
[59:59]
lot of parking out there but like i said
[1:00:01]
if that's why i was asking about how
[1:00:03]
many children so i'd have an idea of how
[1:00:05]
many people would be there to pick up
[1:00:07]
and drop off and like mr mclaughlin said
[1:00:09]
it's not safe to drop kids off on black
[1:00:12]
bench road you got to pull in there and
[1:00:14]
get your kids and stuff so so i don't
[1:00:16]
see how that would actually block
[1:00:17]
traffic in that area um again my opinion
[1:00:21]
only so
[1:00:23]
once again we don't have any information
[1:00:25]
in the record on traffic
[1:00:40]
the applicant provide that
[1:00:43]
or someone provide that
[1:00:47]
but i don't think we can
[1:00:49]
say one way or the other without
[1:00:55]
the expertise that d.o.t
[1:00:57]
has allowed it that's enough for me i
[1:00:59]
don't need an expert opinion i don't
[1:01:01]
either and most from what i've seen just
[1:01:03]
my experience in town most of your
[1:01:05]
traffic is when you get into town
[1:01:07]
um
[1:01:08]
up there around the fire department area
[1:01:10]
where they're going to put the round
[1:01:11]
butt in and that's kind of my experience
[1:01:13]
where it's always a little bottleneck
[1:01:14]
there but other than that it's kind of
[1:01:16]
smooth sailing out out through that area
[1:01:18]
i've been out in the wild but um
[1:01:21]
that's just what i've observed out in
[1:01:22]
that area
[1:01:25]
so if there are no more questions um do
[1:01:27]
i have a motion to approve
[1:01:29]
um let me let me stop miss hamilton dan
[1:01:32]
do you need them to go through each
[1:01:33]
criterion or can they approve all four
[1:01:36]
as a slave do you need to go through
[1:01:38]
speaking into the record if you approve
[1:01:40]
all four i think you can do it in one go
[1:01:42]
if you're going to deny one of them
[1:01:47]
but they would need to read all four
[1:01:49]
india the language
[1:01:52]
yeah well you need to find that all for
[1:01:54]
example that's what i'm getting at so i
[1:01:56]
don't think you can and then correct for
[1:01:58]
i don't think it's it's so simple as
[1:02:00]
saying let's get a motion to approve
[1:02:02]
you would have to state
[1:02:04]
that i recommend an approval that
[1:02:07]
it uh
[1:02:09]
what you're saying so we would have to
[1:02:10]
read it
[1:02:11]
yeah yeah okay so in the motion you
[1:02:14]
would just have to say you feel that it
[1:02:16]
beats this and you feel that the second
[1:02:18]
one that you feel
[1:02:19]
can i can i do it um
[1:02:22]
okay i'd like to make the motion uh for
[1:02:24]
case number p22-01-hm
[1:02:29]
to grant the special use permit
[1:02:33]
the first one is useful not materially
[1:02:35]
endangered public health or safety
[1:02:38]
use use meets all required conditions
[1:02:40]
and specifications useful maintain or
[1:02:42]
enhance the value of adjoining or
[1:02:44]
abutting properties or that the use is a
[1:02:46]
public necessity location and character
[1:02:49]
of use will be in harmony with the area
[1:02:51]
where it is located and is in general
[1:02:53]
conformity with the town's adopted land
[1:02:55]
use plan
[1:02:56]
um
[1:02:57]
is that your motion
[1:02:59]
right that's my motion
[1:03:11]
all in favor raise your right
[1:03:14]
hand all opposed
[1:03:19]
approval is granted all right
[1:03:24]
i just forgot the vote part geez
[1:03:28]
the important part
[1:03:30]
oh
[1:03:31]
that will conclude a meeting dan um okay
[1:03:34]
i'll make a motion to adjourn the public
[1:03:35]
hearing
[1:03:37]
are you done yeah i've done it okay um
[1:03:40]
dan i'll uh give you a cough on anything
[1:03:42]
but that'll conclude