1 00:02:30,610 --> 00:02:31,490 We'll start with the. 2 00:02:42,540 --> 00:02:43,140 One, 3 00:03:06,220 --> 00:03:17,080 two, three, four, five of us here. So we have a quorum. No, a point. Henry is. Voting member tonight. All right. 4 00:03:22,020 --> 00:03:31,640 The acceptance of minutes. They're not ready. So we'll postpone those until next month. Is anyone taking minutes this evening? 5 00:03:31,640 --> 00:03:39,980 So, Sue is watching the meeting from home and she's taking notes, so she did it, asked me 6 00:03:39,980 --> 00:03:43,940 to remind everybody to speak clearly and loudly into the microphones. 7 00:03:43,940 --> 00:03:53,760 So, regular business we have two items. 8 00:03:54,480 --> 00:04:04,040 The first is a variance request from Section 32-88, Structureite and Section 32-89, Dimension 9 00:04:04,040 --> 00:04:11,860 Stable from Michael and Brittany Aaron Bach to permit the construction of a two-story 10 00:04:11,860 --> 00:04:18,900 home without with a walkout basement that will exceed the maximum height of 11 00:04:18,900 --> 00:04:25,200 35 feet allowed by two feet, nine inches. The lot is located at 21 12 00:04:25,200 --> 00:04:33,780 hammer found drive, tax map R4, lot 42, 11, R1 district. 13 00:04:36,140 --> 00:04:37,760 Could you like to make a 14 00:04:45,840 --> 00:04:46,700 presentation. 15 00:04:50,280 --> 00:04:59,560 Well, they are looking to build a 2.5-room colonial house with a 12-bedroom 16 00:05:01,280 --> 00:05:11,360 because of the tenfold federal custody walkoff basement, it doesn't exceed the built-in 17 00:05:11,360 --> 00:05:14,320 height of the definition by two-pinthigent. 18 00:05:15,320 --> 00:05:17,720 So we are looking for a variance in that, 19 00:05:20,150 --> 00:05:23,510 I don't know, which criteria or how do you like 20 00:05:23,510 --> 00:05:23,710 to? 21 00:05:26,490 --> 00:05:31,310 You don't have to go through, but if you'd like to just do your presentation. 22 00:05:32,010 --> 00:05:32,190 Okay. 23 00:05:36,920 --> 00:05:42,040 So the criteria number one, the variance would not be contrary to the public interest. 24 00:05:45,700 --> 00:05:53,660 The public would not be affected by the height of this bill. The handle found drive is an established subdivision with numerous homes 25 00:05:54,520 --> 00:05:57,400 that they'd either walk out or drive into garages, 26 00:05:58,560 --> 00:06:02,500 you know, that do exceed the 35 height distance. 27 00:06:02,860 --> 00:06:05,720 So it wouldn't be contrary to the public interest 28 00:06:05,720 --> 00:06:07,580 with the homes and other divisions. 29 00:06:10,880 --> 00:06:12,760 If the criteria number two, 30 00:06:13,240 --> 00:06:16,580 if the variance were granted, the disparity ordinance would be observed 31 00:06:16,580 --> 00:06:21,780 because this two main criteria on the rationale for the height 32 00:06:21,780 --> 00:06:23,420 So in one is fire safety. 33 00:06:26,500 --> 00:06:29,440 The area that does exceed is the attic. 34 00:06:30,140 --> 00:06:32,140 This is the non-lippable area. 35 00:06:32,580 --> 00:06:33,740 It's for storage. 36 00:06:34,940 --> 00:06:36,320 And so 37 00:06:38,500 --> 00:06:41,920 the ability to fight that, you know, the fire safety would not be an issue. 38 00:06:46,280 --> 00:06:51,140 The second criteria is structural height strongly affects the character of the neighborhood 39 00:06:51,140 --> 00:06:53,880 and the allowance of the adequate sunlight mass circulation. 40 00:06:54,860 --> 00:07:02,360 This proposal is built on a residential subdivision, it will have plenty of open space land and 41 00:07:02,360 --> 00:07:09,840 the buttons in areas, so it will not affect, you know, some way or air quality of circulation 42 00:07:10,320 --> 00:07:13,860 within the subdivision, there's plenty of room in the subdivision. 43 00:07:17,480 --> 00:07:22,040 Grant and the variance would do a substantial justice. 44 00:07:22,740 --> 00:07:29,800 The Ellen Bach desire a two-story home to raise the family in, as the basement foundation, 45 00:07:29,960 --> 00:07:33,440 first and second stories, to build the industry standard, the only variables that would 46 00:07:33,440 --> 00:07:37,060 be changed is the deletion of a walk-out basement, a change of the pitch of the roof. 47 00:07:39,400 --> 00:07:44,060 Due to the site layout of this law, the septic system has to go all-front. 48 00:07:44,060 --> 00:07:51,140 It's also restricted in the air because of the rear of the building because of the 250 foot shore land conservation zone. 49 00:07:51,760 --> 00:07:53,560 So, which we do have the permit for that. 50 00:07:55,740 --> 00:07:57,220 So, it's tight back there. 51 00:07:57,360 --> 00:08:01,860 We really don't, I mean, it just really cades towards a walkout basement. 52 00:08:02,540 --> 00:08:03,440 This castle does. 53 00:08:04,760 --> 00:08:11,040 To make a non-walkout castle, we really not do the walkout basement. 54 00:08:11,040 --> 00:08:20,560 and really be unfair for the house itself, it 55 00:08:23,790 --> 00:08:25,990 would also require additional fill to be brought 56 00:08:25,990 --> 00:08:31,070 into the rear of the castle, which really doesn't fit with the lay of the land. 57 00:08:36,780 --> 00:08:37,860 Criterion number four, 58 00:08:38,980 --> 00:08:43,980 if the variance were granted, the values of the surrounding properties would not be diminished, 59 00:08:45,200 --> 00:08:48,860 The proposed house will be built on an undeveloped block. 60 00:08:50,560 --> 00:08:54,700 The house will be similar character and style that will fit in for the fabric of the existing 61 00:08:54,700 --> 00:08:55,240 neighborhood. 62 00:08:56,340 --> 00:09:00,800 The value will be similar to other houses in the neighborhood, and we will denote the 63 00:09:00,800 --> 00:09:08,480 dimensions of values adjacent from a very similar house style to what is presently in 64 00:09:08,480 --> 00:09:09,000 him a farm. 65 00:09:12,370 --> 00:09:16,790 Quite terrible number four, unnecessary hardship. 66 00:09:18,470 --> 00:09:24,330 The early backs, as you all imagine, the houses that I put in a quite investment in this 67 00:09:24,330 --> 00:09:28,190 house, I hope it's going to build this home. 68 00:09:31,720 --> 00:09:37,580 As I mentioned, the property really cated itself towards the walk out basement. 69 00:09:38,540 --> 00:09:46,780 It's only approximately 20% of this particular perimeter that does exceed 35 foot criteria. 70 00:09:52,540 --> 00:09:54,500 So I mean there's a bunch of other stuff in here. 71 00:09:54,680 --> 00:09:56,120 I don't know if you had a chance to read this. 72 00:09:56,240 --> 00:10:00,440 You have any questions on the application? 73 00:10:01,960 --> 00:10:09,320 Well, I think we should open up to public comment, 74 00:10:13,000 --> 00:10:14,640 but I'm just saying 75 00:10:22,610 --> 00:10:22,930 none. 76 00:10:26,200 --> 00:10:35,300 Mr. Chair, I have not received any communications, but I'd like to notify you in the moment. 77 00:10:38,480 --> 00:10:44,200 I have not received any communication so nobody has emailed me any letters or anything 78 00:10:44,200 --> 00:10:45,940 in that regard to this project. 79 00:10:46,100 --> 00:10:47,240 From my butters and others. 80 00:10:47,680 --> 00:10:48,040 Correct. 81 00:10:48,380 --> 00:10:48,660 Okay. 82 00:10:50,080 --> 00:10:53,020 Well, I had a couple of questions if I may, Mr. Chair. 83 00:10:53,560 --> 00:10:54,660 Go for it. 84 00:10:55,220 --> 00:11:03,310 Mr. Philly, what the one criterion I have looked at and thought about is the unnecessary hardship. 85 00:11:03,310 --> 00:11:08,730 What would be the hardship in our not granting this variance? 86 00:11:10,850 --> 00:11:22,010 I guess the biggest thing is that the character and style of the home run themselves to a larger pitch roof. 87 00:11:24,880 --> 00:11:30,700 Granting to go into a lesser pitch roof, again, that it really takes away from the character of the home. 88 00:11:31,140 --> 00:11:34,800 Plus also it's not an ideal standard for snow loads. 89 00:11:36,600 --> 00:11:41,140 okay but it's not it's not flat and 90 00:11:45,560 --> 00:11:48,240 if 91 00:11:50,420 --> 00:11:52,440 the variance if the variance were not 92 00:11:52,440 --> 00:11:59,120 granted then the walkout basement would have to be closed and pitch 93 00:11:59,120 --> 00:12:02,600 brought in is that correct one of the other yes 94 00:12:06,240 --> 00:12:08,280 only one of the only one of 95 00:12:08,280 --> 00:12:09,200 Oh, the other. 96 00:12:12,510 --> 00:12:12,990 All right. 97 00:12:18,570 --> 00:12:25,250 Well, there will be in that top part of the house that exceeds 98 00:12:25,250 --> 00:12:32,450 the 35 feet limit that will be just an attic. It's not accessible by stairwell. That'd be 99 00:12:32,450 --> 00:12:36,810 a storage area. Correct. Now, not a livable space, just the storage. 100 00:12:36,950 --> 00:12:43,330 Okay. And could it walk on basement, serve as a storage space instead of that? 101 00:12:43,330 --> 00:12:44,270 I'm 102 00:12:48,180 --> 00:12:53,640 not quite sure what the tent is, but the basement of the tent is finished off and off. 103 00:12:54,720 --> 00:12:55,280 Okay. 104 00:12:59,790 --> 00:13:00,750 All right, thank you. 105 00:13:04,270 --> 00:13:04,890 Anyone else? 106 00:13:05,010 --> 00:13:05,570 I have no question. 107 00:13:17,850 --> 00:13:19,150 Oh, I think it... 108 00:13:20,650 --> 00:13:28,210 This isn't the first walk out basement that's been built on that side or anywhere. 109 00:13:32,070 --> 00:13:32,630 I 110 00:13:36,180 --> 00:13:38,160 don't have a problem with it. 111 00:13:38,160 --> 00:13:42,240 I'm always a stequler on hardship. 112 00:13:44,700 --> 00:13:49,440 Mark, I read it pretty, and 113 00:13:51,840 --> 00:13:54,260 it's a regionalist sort of poem that says, 114 00:13:54,400 --> 00:14:01,820 in order to grant a hardship, the land itself, the property upon which the house is sitting, 115 00:14:02,060 --> 00:14:06,340 must have some unique characteristics, unlike the rest of the neighborhood. 116 00:14:07,080 --> 00:14:12,880 So if this house were sitting on the ledge and it was going to require the house to 117 00:14:12,880 --> 00:14:19,120 go up, that would be a pretty easy one. 118 00:14:22,500 --> 00:14:29,620 I just, I understand the desire, devil walk out basement. 119 00:14:32,100 --> 00:14:34,440 I'm not sure that the 120 00:14:37,260 --> 00:14:39,400 ordinance is always right. 121 00:14:40,220 --> 00:14:43,720 And this is not all I get to describe to us. 122 00:14:44,420 --> 00:14:46,480 But again, I'm very much an originalist. 123 00:14:46,700 --> 00:14:55,160 And I would not approve it based on the fact that it makes 124 00:14:55,160 --> 00:14:59,980 makes the house more and it would to me too. 125 00:15:00,430 --> 00:15:02,850 To the liking of the president. 126 00:15:50,210 --> 00:15:55,930 My point of the plan is the it's grow and it slopes down away from the road. 127 00:15:56,530 --> 00:16:00,390 The septic system has to go in the front right corner of the castle, 128 00:16:00,610 --> 00:16:08,410 and it's in the front right corner of the castle, and to avoid a pump system, 129 00:16:08,730 --> 00:16:13,350 which is not that desirable, the front is going to be built up, 130 00:16:13,550 --> 00:16:16,990 which again lends itself to a walk-out basement. 131 00:16:18,230 --> 00:16:24,450 And also with the restriction through the soils in the 250-foot shore land conservation 132 00:16:24,450 --> 00:16:30,470 film from the Piscacic River on the back, it's a very tight parcel, you know, as far as 133 00:16:30,470 --> 00:16:30,970 what's built. 134 00:16:35,470 --> 00:16:41,630 So that, you know, it's really not desirable to put trying to fill in the back of the house 135 00:16:41,630 --> 00:16:42,670 of the foundation. 136 00:16:42,970 --> 00:16:44,730 But I think you said it was going in front of it. 137 00:16:45,090 --> 00:16:45,470 What's that? 138 00:16:45,830 --> 00:16:46,730 The septic system. 139 00:16:46,830 --> 00:16:47,450 Yes, yes. 140 00:16:47,450 --> 00:16:47,550 Yes. 141 00:16:48,270 --> 00:16:53,090 So, why would that, I'm confused, why would that, 142 00:16:56,370 --> 00:17:00,390 it's really, the, here's the road, 143 00:17:00,950 --> 00:17:08,170 the house is here, you really can't put film to the rear of the house, it's a very, 144 00:17:08,430 --> 00:17:20,030 a very short area between the foundation and a 254 shawling conservation zone, so really 145 00:17:20,030 --> 00:17:28,010 We can't fill in the backside of the foundation with our forgetments into the 250 foot shoreline 146 00:17:28,010 --> 00:17:29,470 and can't contemplation at all. 147 00:17:29,890 --> 00:17:36,490 So the hardship then would be the lay of the land, the fact that it's okay. 148 00:17:38,930 --> 00:17:39,770 That makes a difference. 149 00:17:42,350 --> 00:17:49,710 If the walkout basement were retained, what was there? 150 00:17:51,890 --> 00:17:59,690 What happened if we said no and you could build up the 35 feet, what would be the result 151 00:17:59,690 --> 00:18:00,210 of that? 152 00:18:03,670 --> 00:18:13,870 I mean, in that being the case, it would be a reduced patched roof, you know, 7, 12 patch 153 00:18:13,870 --> 00:18:14,310 roof. 154 00:18:15,750 --> 00:18:21,970 Is that a real hardship on your mind? 155 00:18:21,970 --> 00:18:26,590 In my mind, yeah, given the valuation of properties right now, 156 00:18:26,830 --> 00:18:31,070 Colonials were the 7, 12 are not real desirable, in my opinion. 157 00:18:32,010 --> 00:18:37,360 I mean, you tend to see those on, you know, 158 00:18:37,460 --> 00:18:41,200 more starter entry level homes, the typical 159 00:18:41,200 --> 00:18:43,420 clone of this have a much steeper roof, 160 00:18:43,800 --> 00:18:47,540 and aesthetically, a more desirable, in my opinion. 161 00:18:47,900 --> 00:18:48,060 Okay. 162 00:18:48,340 --> 00:18:48,820 Yes, I would. 163 00:18:49,100 --> 00:18:52,640 But this note is still being removed because it's not flat. 164 00:18:52,640 --> 00:18:57,920 And it still has a seven by twelve pitch, yeah. 165 00:18:59,160 --> 00:18:59,600 Okay. 166 00:19:04,620 --> 00:19:06,240 I guess I'm awesome. 167 00:19:09,670 --> 00:19:10,230 The other thing about... 168 00:19:10,230 --> 00:19:11,150 Go right up to the mic. 169 00:19:12,210 --> 00:19:12,790 Sorry, sorry. 170 00:19:13,310 --> 00:19:16,690 Yeah, the other thing about the whole pitch in the roof is... 171 00:19:16,690 --> 00:19:16,910 What's that? 172 00:19:17,090 --> 00:19:17,350 Your name? 173 00:19:17,630 --> 00:19:18,630 Sandy, Roland Bach. 174 00:19:18,870 --> 00:19:19,670 Oh, okay, thank you. 175 00:19:20,370 --> 00:19:26,570 The other thing about the pitch of the roof is that it would be not in keeping with pitch of 176 00:19:26,570 --> 00:19:31,170 the roofs of all the other houses surrounding it, which I'll have a steeper pitch roof. 177 00:19:32,790 --> 00:19:38,810 So we'd be different than everybody else to be able to other homes or in the neighborhood, 178 00:19:39,350 --> 00:19:42,030 which have walk out basements and steep pitch. 179 00:19:44,070 --> 00:19:46,630 But if I could, but not the incline. 180 00:19:47,070 --> 00:19:49,670 Nope, they all have the incline, the walk out basement being climbed. 181 00:19:50,150 --> 00:19:51,130 Yeah, so we're not different. 182 00:19:51,130 --> 00:19:54,210 That's the thing is the two houses right next to us 183 00:19:54,790 --> 00:19:59,230 Would actually end up in taller than ours if we had to go less than 35 184 00:19:59,230 --> 00:20:03,610 Or meet the 35 so they don't meet the criteria. No 185 00:20:04,810 --> 00:20:10,690 Most of the houses in the neighborhood don't I live a lot of just didn't handle fine. I don't meet it. I'm sorry 186 00:20:10,690 --> 00:20:12,510 I didn't okay. Okay 187 00:20:13,050 --> 00:20:14,910 He said he lives at 15 him 188 00:20:14,910 --> 00:20:17,970 And he doesn't meet it. Yeah 189 00:20:17,970 --> 00:20:23,470 Yeah, and we look at the neighborhood next to us, Stonewall and Madison. 190 00:20:24,350 --> 00:20:29,790 And they're all walk-out basements or drive-under garages that steep pitch roots. 191 00:20:30,110 --> 00:20:30,910 They're 10-12 pitch. 192 00:20:31,270 --> 00:20:31,990 Yeah, they don't get. 193 00:20:31,990 --> 00:20:33,330 They exceed the 35 feet. 194 00:20:33,910 --> 00:20:35,530 And are they 35 feet? 195 00:20:36,190 --> 00:20:36,850 They exceed it. 196 00:20:37,190 --> 00:20:37,310 Yes. 197 00:20:37,990 --> 00:20:38,250 Okay. 198 00:20:38,870 --> 00:20:42,710 Yeah, so, yeah, it's not an unusual house, it's the thing. 199 00:20:43,950 --> 00:20:46,890 Bad news, Mark, you may have to take your roof off. 200 00:20:51,050 --> 00:20:52,130 We can't do it. 201 00:20:52,330 --> 00:20:52,950 Oh, we can't. 202 00:20:57,320 --> 00:20:58,420 22 years ago. 203 00:20:58,740 --> 00:21:00,100 So, we're still under your name. 204 00:21:01,780 --> 00:21:03,440 Could I make a motion, Mr. Chair? 205 00:21:04,120 --> 00:21:04,400 Sure. 206 00:21:04,860 --> 00:21:05,900 I'm sorry, I didn't hear you, James. 207 00:21:06,080 --> 00:21:07,020 May I make a motion? 208 00:21:07,300 --> 00:21:07,420 Oh. 209 00:21:08,280 --> 00:21:08,960 You may. 210 00:21:09,240 --> 00:21:09,720 Oh, great. 211 00:21:10,500 --> 00:21:13,300 I moved to Grant Avarian's request from Michael Irlandbach 212 00:21:13,300 --> 00:21:17,320 petitioning the Zoning Board of Adjustment for Relief from Section 32-89 to 213 00:21:17,320 --> 00:21:20,580 mentions table of the municipal code of town and new market in Hampshire to 214 00:21:20,580 --> 00:21:24,220 permit the single-family home to exceed the maximum structure height. But two 215 00:21:24,220 --> 00:21:28,040 feet nine inches on real property with an address of 21-hamel farm drive tax map 216 00:21:28,040 --> 00:21:34,440 you are for. Lot 42-11 within the R1 Zoning District as a petition satisfies a 217 00:21:34,440 --> 00:21:40,880 five-part test of the variance statue pursuant to RSA 674-33. Thank you. 218 00:21:40,880 --> 00:21:42,400 You're second all 219 00:21:44,520 --> 00:21:49,880 in favor. All right. All right. Oh, there 220 00:21:52,180 --> 00:21:54,800 you go. Thank you very much. Thank you 221 00:22:09,360 --> 00:22:09,960 Congratulations 222 00:22:21,720 --> 00:22:24,400 So the permit is issued to the property 223 00:22:28,560 --> 00:22:30,700 Okay, 224 00:22:39,140 --> 00:22:44,500 our second regular business is 225 00:22:48,780 --> 00:22:53,400 Acurable waiver of dimensional requirements 226 00:22:53,400 --> 00:22:56,860 requested by Chinberg Development LLC, 227 00:22:58,080 --> 00:23:02,160 16 Duplex Duplex buildings, 32 units 228 00:23:02,160 --> 00:23:07,920 on Green Road are 40 feet, 7 inches in height 229 00:23:07,920 --> 00:23:16,360 which is taller than the allowed 35-foot in section 3289 dimensions table of the 230 00:23:16,360 --> 00:23:22,440 new-market zoning ordinance. The properties are located at Stone Hill Point at 231 00:23:22,440 --> 00:23:31,320 Hershey Green, IE Green Road, tax map R5, block 132, R2 District. 232 00:23:35,000 --> 00:23:35,320 Here up. 233 00:23:40,120 --> 00:23:41,660 Good evening. My name is Sean 234 00:23:46,320 --> 00:24:00,660 We're just finishing up over on Green Road, so as noted in the intro there we over the past three plus years have been have applied for building permits and have been granted 32 building permits for 16 duplex units. 235 00:24:00,660 --> 00:24:05,900 But I'm here tonight seeking an equitable waiver due to what can best be described as 236 00:24:05,900 --> 00:24:07,300 administrative oversight. 237 00:24:07,540 --> 00:24:12,420 We were unaware that the floor plan that was chosen exceeded the additional requirements 238 00:24:12,420 --> 00:24:16,580 here in the town of Newmarket until the couple weeks ago we got an email from Mr. Evans 239 00:24:16,580 --> 00:24:18,140 and then took me. 240 00:24:30,750 --> 00:24:32,730 Can you talk about the project? 241 00:24:35,800 --> 00:24:36,900 So the project was to 242 00:24:39,460 --> 00:24:42,160 have the full background over a decade ago, 243 00:24:44,850 --> 00:24:46,830 and in the 80s, we just 244 00:24:46,830 --> 00:24:55,670 Just again, building out, like I said three plus years ago, it's 38 total units, 32 duplex units, 16 buildings on Green Road. 245 00:24:56,070 --> 00:24:59,430 That's part of a current existing HOA, Percy Green. 246 00:25:00,230 --> 00:25:03,450 There's also more to be six single family homes up top, 247 00:25:14,880 --> 00:25:15,760 the exception of two. 248 00:25:27,940 --> 00:25:31,820 How many of these units did you say the duplexes have been built? 249 00:25:32,480 --> 00:25:35,240 We have building permits for all 32 units. 250 00:25:35,280 --> 00:25:37,900 We have building permits. How many have been built? 251 00:25:37,900 --> 00:25:40,440 have been built we all have been we 252 00:25:44,440 --> 00:25:45,420 two buildings they're not 253 00:25:47,780 --> 00:25:49,580 the 16 buildings 16 254 00:25:49,580 --> 00:25:56,020 buildings is there so you've got how much done on foundations I haven't been out 255 00:25:56,020 --> 00:26:02,260 there in the past couple weeks but are you aware yeah so most of them have occupancy 256 00:26:02,260 --> 00:26:10,220 now there are I think three they're construction at least the three duplexes at 257 00:26:10,220 --> 00:26:12,960 So this one was getting real close to completion for a final. 258 00:26:14,140 --> 00:26:19,680 Two others have done the framing in the electrical tunnel, the rough inspection. 259 00:26:19,820 --> 00:26:20,020 Okay. 260 00:26:20,580 --> 00:26:23,780 And then the last one, they just poured the footage today. 261 00:26:34,270 --> 00:26:35,630 Mr. Chair, may I say something? 262 00:26:36,230 --> 00:26:36,530 Wait. 263 00:26:36,910 --> 00:26:37,230 Thank you. 264 00:26:37,630 --> 00:26:40,270 Do you want to discuss this among us? 265 00:26:40,830 --> 00:26:42,810 Or is this a question further yet? 266 00:26:43,190 --> 00:26:44,510 It's for her. 267 00:26:44,750 --> 00:26:44,970 Yes. 268 00:26:45,290 --> 00:26:45,750 It will go. 269 00:26:45,750 --> 00:26:54,550 So they're for criteria for considering an equitable waiver of dimensional requirement. 270 00:26:55,230 --> 00:27:02,170 And one is that the violation was not an outcome of ignorance of the law or ordinance failure 271 00:27:02,170 --> 00:27:09,590 to inquire, obfuscation, misrepresentation, or bad faith in the part of any owner. 272 00:27:10,930 --> 00:27:17,910 And I don't think any of those apply, but I was I was thinking I'm not sure how you 273 00:27:17,910 --> 00:27:27,590 missed the ordinance that the max required height is 35 feet, but was it just because 274 00:27:28,150 --> 00:27:31,410 I'm not sure I'm missing from the beginning of your speech who you are. 275 00:27:31,590 --> 00:27:32,210 Are you a developer? 276 00:27:32,490 --> 00:27:33,630 I work for chamber development. 277 00:27:33,910 --> 00:27:34,050 Yes sir. 278 00:27:34,090 --> 00:27:34,470 Okay. 279 00:27:34,470 --> 00:27:35,150 Okay, thank you. 280 00:27:37,150 --> 00:27:43,230 The Tinburg did not look carefully enough at the ordinance to understand the height 281 00:27:43,230 --> 00:27:43,790 limitation. 282 00:27:44,290 --> 00:27:45,110 Was that being correct? 283 00:27:45,370 --> 00:27:45,730 Yes, sir. 284 00:27:46,090 --> 00:27:46,790 How did that happen? 285 00:27:46,930 --> 00:27:47,730 I do not know. 286 00:27:48,990 --> 00:27:53,410 This original subdivision was approved in the 80s, Mr. Evan, sent this email like I said just 287 00:27:53,410 --> 00:28:01,690 a few weeks before Christmas and I thought it would be like, oh well probably we were grandfathered 288 00:28:01,690 --> 00:28:03,610 under the eighties, the only one that did that was the 289 00:28:14,330 --> 00:28:15,250 Super Bowl's 290 00:28:19,600 --> 00:28:20,420 32 billion 291 00:28:20,420 --> 00:28:20,960 permits. 292 00:28:28,100 --> 00:28:33,220 Well, I did think that. That's why I said I added my own 293 00:28:33,220 --> 00:28:37,460 criteria right now. No, I agree. I mean, really, just the, you know, we've got 294 00:28:37,460 --> 00:28:38,660 through the architecture, got through 295 00:28:57,890 --> 00:28:59,550 our... Anybody else with a question? 296 00:29:00,630 --> 00:29:06,950 What in comment did I have? So I live at Hillside Lane, so for voting purposes, I'm 297 00:29:06,950 --> 00:29:10,950 I'm going to recuse myself from this piece of evening. 298 00:29:11,610 --> 00:29:11,890 Okay. 299 00:29:12,390 --> 00:29:12,470 Okay. 300 00:29:13,570 --> 00:29:16,130 I'm sorry, is that a hillside lane is near this? 301 00:29:16,610 --> 00:29:17,090 Yeah, literally. 302 00:29:17,270 --> 00:29:19,830 It continues from green on to hillside. 303 00:29:20,230 --> 00:29:20,730 Oh, I see. 304 00:29:20,950 --> 00:29:21,070 Yeah. 305 00:29:21,450 --> 00:29:22,890 On the other side of the road. 306 00:29:23,350 --> 00:29:27,090 So when you see green lane off of Hershey, 307 00:29:27,990 --> 00:29:29,530 or green road, excuse me, 308 00:29:30,130 --> 00:29:31,650 green road continues on to hillside lane. 309 00:29:32,070 --> 00:29:32,590 Oh, I see. 310 00:29:32,870 --> 00:29:32,970 Yeah. 311 00:29:33,390 --> 00:29:33,630 Okay. 312 00:29:33,630 --> 00:29:37,010 Okay, okay. So I'm going to repeat this for many of those. 313 00:29:37,990 --> 00:29:38,470 That's fine. 314 00:29:40,510 --> 00:29:41,230 That's all, yeah. 315 00:29:43,270 --> 00:29:47,450 So, sure though, granting the wave or how do you fix this? 316 00:29:47,930 --> 00:29:48,730 That's an excellent question. 317 00:29:49,370 --> 00:29:49,930 What's that? 318 00:29:50,590 --> 00:29:51,850 That's an excellent question. 319 00:29:52,510 --> 00:29:56,070 There's a piece in the application that I had submitted that, 320 00:29:56,370 --> 00:29:59,550 you know, asked the question whether or not be, you know, 321 00:30:00,020 --> 00:30:02,440 What the cost of fixing the error would be?... 322 00:30:19,430 --> 00:30:23,390 If it be worth looking into making adjustments, 323 00:30:24,050 --> 00:30:29,330 bringing the height down, what would you say? I'm not suggesting that no, sir... I'm not 324 00:30:29,330 --> 00:30:32,370 suggesting that no, sir... I miss undecided them. I think that was Mr. Errosa's question. 325 00:30:34,410 --> 00:30:37,870 How do you fix it other than granting a waiver? 326 00:30:43,290 --> 00:30:45,090 Well, the waiver's granted. There will be no fixing. 327 00:30:48,470 --> 00:30:53,810 That's right, but if you voted no, how would they fix that? 328 00:30:53,970 --> 00:30:57,210 Well, that's a good question. Lots of negotiation, I don't know. 329 00:30:58,190 --> 00:30:59,190 All ripping down. 330 00:31:00,270 --> 00:31:06,550 Sorry? Well, yeah, but I don't think that's realistic personally, and I don't think... 331 00:31:06,550 --> 00:31:09,350 No, I don't do that. I'm not advocating that. 332 00:31:16,220 --> 00:31:17,020 Any other questions? 333 00:31:17,020 --> 00:31:17,840 Well 334 00:31:20,690 --> 00:31:26,110 why don't I open it up to anybody that would like to speak we have two. 335 00:31:31,460 --> 00:31:33,820 When you come to the mic if you did state your name please. 336 00:31:34,160 --> 00:31:36,420 My name is Charles Susan. 337 00:31:37,340 --> 00:31:39,920 I'm here representing the H.O.A. 338 00:31:42,380 --> 00:31:49,420 The original 10 buildings that were built on Green Road before it was extended by China. 339 00:31:50,200 --> 00:31:53,840 They're much lower in height and that's what the approval was for. 340 00:31:53,840 --> 00:31:54,580 Excuse me. 341 00:31:54,580 --> 00:31:55,800 Any type of building? 342 00:31:56,000 --> 00:31:56,720 Do you address please? 343 00:31:57,100 --> 00:31:57,400 What's that? 344 00:31:57,640 --> 00:31:59,200 Can you tell us your address please? 345 00:31:59,580 --> 00:32:01,920 I live at 11 Green Road. 346 00:32:02,140 --> 00:32:02,380 Okay. 347 00:32:02,620 --> 00:32:05,520 I'm right behind all those buildings they put in. 348 00:32:05,680 --> 00:32:14,860 I would like an investigation of how they were allowed to do that and build and permits. 349 00:32:15,480 --> 00:32:17,180 Who would go through the building permits? 350 00:32:18,120 --> 00:32:24,980 Who did the inspections of the buildings and never noticed that there were over five feet? 351 00:32:24,980 --> 00:32:25,800 was 352 00:32:29,250 --> 00:32:36,190 it you? Sir. So just to let you know when I came into this position that 353 00:32:36,190 --> 00:32:41,790 development was already half built and so what I did is when under the assumption 354 00:32:41,790 --> 00:32:49,470 that previous people in my position had vetted it had done their homework and had 355 00:32:49,470 --> 00:32:54,710 approved it because it met code so all I was doing was just did you check check 356 00:32:54,710 --> 00:32:58,070 they worked? No, they did not. You didn't check to see if it was done. 357 00:33:00,450 --> 00:33:02,470 You just let it go. So I 358 00:33:02,470 --> 00:33:07,930 went on to the assumption that because these are the same duplexes over and over again, they only 359 00:33:07,930 --> 00:33:15,710 submitted one building plan for all the buildings. I went on to the assumption that it was approved by 360 00:33:15,710 --> 00:33:23,140 previous code enforcement officers. Therefore, they said it was okay. It should be okay. And so I 361 00:33:23,140 --> 00:33:24,300 I just need to take it out of there with it. 362 00:33:24,620 --> 00:33:25,960 So there aren't a bunch of little buildings. 363 00:33:26,680 --> 00:33:29,020 If you look at the first 10, I'm green-grove. 364 00:33:29,240 --> 00:33:30,780 There was supposed to be the same. 365 00:33:31,380 --> 00:33:33,360 They modified those, made them higher. 366 00:33:34,240 --> 00:33:36,380 They're three stories, not two stories. 367 00:33:37,400 --> 00:33:38,840 That's why they go over. 368 00:33:39,660 --> 00:33:42,660 They also blasted all that land behind them. 369 00:33:43,160 --> 00:33:44,860 They could have lowered it. 370 00:33:45,860 --> 00:33:49,900 So those are up higher over us, which I'm right back at. 371 00:33:50,680 --> 00:33:57,020 I mean we have to live through all that blasting, all that dirt, all the rock breaking, all of that. 372 00:33:59,120 --> 00:34:02,920 And nobody checked to see if those buildings, I 373 00:34:06,400 --> 00:34:06,980 don't understand. 374 00:34:07,740 --> 00:34:10,800 They build all these buildings, and now they go for a variance. 375 00:34:11,340 --> 00:34:14,800 After they build them, there's one that's 376 00:34:24,050 --> 00:34:25,370 chained very out there who it is. 377 00:34:25,730 --> 00:34:27,090 But that's wrong. 378 00:34:27,810 --> 00:34:29,490 And I can't speak to- 379 00:34:29,490 --> 00:34:31,450 You should have investigated in 380 00:34:38,880 --> 00:34:42,960 front of you. You can read a plan, right? Yes, I can. 381 00:34:42,980 --> 00:34:48,000 So you know, when you see the height of it, that it's higher than 35 feet. 382 00:34:55,910 --> 00:34:57,930 And you never check to see if they had a barrage. 383 00:35:04,830 --> 00:35:08,070 Assumption? And that was my mistake. 384 00:35:11,090 --> 00:35:13,210 I should have done my due diligence. 385 00:35:13,330 --> 00:35:14,950 Well, I think you should resign over that. 386 00:35:18,240 --> 00:35:19,160 That's under black. 387 00:35:19,160 --> 00:35:22,580 I mean, these 15 buildings are already built. 388 00:35:22,980 --> 00:35:23,820 There's gonna be 16. 389 00:35:24,400 --> 00:35:28,180 Every one of them is over five feet higher than what it's supposed to be. 390 00:35:28,520 --> 00:35:30,460 You get that guy at a hot time for two feet. 391 00:35:32,000 --> 00:35:33,540 You have to explain all that. 392 00:35:33,720 --> 00:35:34,780 We didn't give him a hard time. 393 00:35:35,060 --> 00:35:36,720 But I'm saying you have to go through all of that 394 00:35:37,180 --> 00:35:39,120 to get your approval for two feet. 395 00:35:39,540 --> 00:35:43,040 Because these buildings are one on top of the other. 396 00:35:43,500 --> 00:35:46,640 They put no extra parking in for gas or anything. 397 00:35:48,000 --> 00:35:50,480 That doesn't have anything to do with the height. 398 00:35:51,800 --> 00:35:54,200 Sir, I think his resigning is not an option. 399 00:35:54,940 --> 00:35:55,300 What's that? 400 00:35:55,800 --> 00:35:59,260 I think Mr. Evans resigning is not an option. 401 00:36:02,110 --> 00:36:04,270 How does the height... 402 00:36:04,270 --> 00:36:04,830 I feel that. 403 00:36:05,130 --> 00:36:06,930 How does the height affect you? 404 00:36:07,170 --> 00:36:08,170 It affects me. 405 00:36:08,330 --> 00:36:11,090 The windows on the second floor look right in my living room. 406 00:36:11,450 --> 00:36:15,430 I've got like 14, 15 windows that would have been much lower. 407 00:36:16,430 --> 00:36:26,770 They cleared all the land behind us, and they blasted wood in 10 feet of my house, and they blasted all that land, took it all away. 408 00:36:27,470 --> 00:36:38,190 They cut all the trees up on the hill, they build the houses up there, they're on a slope, they're a cliff of like a hundred feet behind it, on rock, right behind the house. 409 00:36:39,510 --> 00:36:41,010 And nobody seems to care. 410 00:36:41,550 --> 00:36:46,350 We're not going to ensure those houses. They're not on the R-H-O-A. They're seldom like that. 411 00:36:46,830 --> 00:36:50,430 But we're not doing that. We're separating from the other buildings too. 412 00:36:53,090 --> 00:36:55,610 Because it's completely wrong what they do. 413 00:36:58,010 --> 00:37:03,010 You know, I don't take that as an explanation that you just didn't look into it. 414 00:37:03,710 --> 00:37:06,630 Then you just took for granted that it was approved. 415 00:37:07,730 --> 00:37:10,110 When you have the plans in front of you, you can read. 416 00:37:15,160 --> 00:37:16,420 You can also read your name. 417 00:37:18,850 --> 00:37:20,310 We know we've discussed in Virginia. 418 00:37:20,730 --> 00:37:20,810 Okay. 419 00:37:27,590 --> 00:37:29,150 Ken Strathie, nine green road. 420 00:37:42,870 --> 00:37:44,710 And for any of the residents that are you? 421 00:37:49,580 --> 00:37:50,800 Sir, I didn't quite get your name. 422 00:37:51,340 --> 00:37:52,300 Ken Strathie. 423 00:37:52,860 --> 00:37:53,300 Strathie? 424 00:37:53,520 --> 00:37:53,720 Yep. 425 00:38:09,740 --> 00:38:10,640 Yeah, I'm about money. 426 00:38:25,220 --> 00:38:28,160 So I've been here about four and a half years now. 427 00:38:28,460 --> 00:38:31,740 So the road goes in green road and makes a circle 428 00:38:31,740 --> 00:38:32,920 that comes out on her seat. 429 00:38:32,920 --> 00:38:41,560 so when I purchased it was said there's going to be a buffer between the condos 430 00:38:41,560 --> 00:38:50,660 that are going in behind there so the process has been really kind of weak I 431 00:38:50,660 --> 00:38:58,050 think you know we never were notified about the first of the zoning board or 432 00:38:58,050 --> 00:39:04,730 whoever in the town is supposed to notify the butters we don't who who does 433 00:39:04,730 --> 00:39:12,450 that normally. Nobody. So it's a building. Yeah, but it's only notified for ZBA hearings and for 434 00:39:12,450 --> 00:39:17,250 planning board hearings. We do not notify a bunch of building programs. Right. Correct. So 435 00:39:17,250 --> 00:39:23,170 planning board. We never got notice. We didn't get this only board ones because it's been corrected 436 00:39:23,170 --> 00:39:28,690 now I guess, but we never got a planning board meeting that said they were getting ready to build 34 437 00:39:28,690 --> 00:39:32,770 you wouldn't know. We wouldn't. 438 00:39:34,350 --> 00:39:37,750 Wouldn't that be a good idea to not buy for the building? 439 00:39:38,070 --> 00:39:39,590 There's going to be a planning board meeting. 440 00:39:39,590 --> 00:39:40,590 For the building permit? 441 00:39:41,030 --> 00:39:42,150 Not a building permit, sir. 442 00:39:43,110 --> 00:39:44,670 For adjacent development? 443 00:39:44,890 --> 00:39:45,050 Yes. 444 00:39:45,370 --> 00:39:46,510 Oh, yeah, you would have been. 445 00:39:46,750 --> 00:39:47,630 We never were notified. 446 00:39:48,230 --> 00:39:51,590 Well, that was probably approved years ago. 447 00:39:52,990 --> 00:39:55,650 But they made changes to the building. 448 00:39:55,650 --> 00:39:59,270 They came to us to extend the bill. 449 00:39:59,550 --> 00:40:00,450 They only had a year to build. 450 00:40:00,630 --> 00:40:04,230 They came to us to sign off on a five-year extension 451 00:40:04,230 --> 00:40:05,350 so they could get it done. 452 00:40:06,570 --> 00:40:08,390 So I'm just saying the process has been. 453 00:40:08,950 --> 00:40:10,190 So did you guys sign off? 454 00:40:10,470 --> 00:40:10,850 We did. 455 00:40:11,790 --> 00:40:14,090 Giving them the opportunity to finish the project. 456 00:40:14,550 --> 00:40:15,770 That's always signed off on. 457 00:40:15,830 --> 00:40:18,510 We didn't sign off on extra height or anything like that. 458 00:40:18,710 --> 00:40:18,930 Right. 459 00:40:19,290 --> 00:40:23,610 But so you knew the development was going to be after the fact? 460 00:40:23,910 --> 00:40:24,070 Yes. 461 00:40:24,070 --> 00:40:29,730 Yes, after they came to us, after the planning board meeting had already happened. 462 00:40:29,990 --> 00:40:30,170 Right. 463 00:40:30,450 --> 00:40:32,230 And said they want an extension. 464 00:40:32,470 --> 00:40:32,710 Yes. 465 00:40:33,330 --> 00:40:33,490 Yes. 466 00:40:33,670 --> 00:40:33,890 Okay. 467 00:40:34,130 --> 00:40:35,150 But they hadn't been built yet. 468 00:40:35,430 --> 00:40:36,210 They hadn't been built yet. 469 00:40:37,170 --> 00:40:38,550 So you knew they were coming. 470 00:40:39,090 --> 00:40:39,230 Yeah. 471 00:40:39,430 --> 00:40:39,630 Of course. 472 00:40:39,810 --> 00:40:39,970 Yeah. 473 00:40:40,090 --> 00:40:40,130 Yeah. 474 00:40:40,270 --> 00:40:40,390 Yeah. 475 00:40:41,530 --> 00:40:47,870 So the pictures in front of you are French inburg's architects. 476 00:40:50,290 --> 00:40:58,770 that I'm right behind there and those pictures are what we were told it was 477 00:40:58,770 --> 00:41:06,310 going to look like. What the shrubbery and the trees would be. That would be the 478 00:41:06,310 --> 00:41:15,010 buffer. The picture in color is tonight. There's not a darn thing left. There 479 00:41:15,010 --> 00:41:19,070 Their previous project manager came in and they just clear-cutted all the trees. 480 00:41:20,330 --> 00:41:24,110 So there's no buffer between me and the guy right behind me. 481 00:41:24,650 --> 00:41:33,120 There's six units up on the circle and there's 16 buildings of two each behind there. 482 00:41:33,540 --> 00:41:40,860 Five and a half, six feet makes a big difference when you're looking out at that. 483 00:41:40,860 --> 00:41:46,900 We were trying to keep it as buffered as possible and now we find out which I 484 00:41:46,900 --> 00:41:54,630 commend you for at least finding it out at some point that they went almost 485 00:41:54,630 --> 00:42:00,150 six feet higher than they should have. Do you know if it's really not our 486 00:42:00,150 --> 00:42:05,910 I'm just trying to be curious and helpful. Do you know if the buffered zone was 487 00:42:05,910 --> 00:42:12,050 required that be maintained? I don't know. I don't know. We were told by 488 00:42:13,230 --> 00:42:22,330 Carrying, you know, I saw Eric Chinberg downtown. I asked him about it. That was after the fact he was like, yeah, they screwed that all up. 489 00:42:22,790 --> 00:42:31,750 You know, the oversight has not been there. You know, it's like, okay, we approved this 15 years ago, then we do building permits. 490 00:42:32,390 --> 00:42:39,690 There needs to be a better process to look into stuff and make sure that number one, they're just not doing whatever they want. 491 00:42:40,870 --> 00:42:48,570 And it makes sense. This makes no sense. I invite you to drive up around Summit Circle and look at those six units. You'll be shocked. 492 00:42:49,470 --> 00:42:50,850 When you go up there and look, 493 00:42:53,320 --> 00:42:55,720 I think you can be shocked at what they're trying to sell up there. 494 00:42:56,120 --> 00:42:58,740 Drive around the Green Road Circle, I mean. 495 00:42:59,240 --> 00:43:02,080 Go around the whole thing. Go around Green Road Circle and then Summit Circle. 496 00:43:02,280 --> 00:43:06,740 And look at those houses that are overlooking the ones behind there. It's unbelievable. 497 00:43:08,300 --> 00:43:12,120 You can flush the toilet for the guy right behind you from your balcony. 498 00:43:15,680 --> 00:43:19,560 So what I think should happen, obviously they're not going to tear them down. 499 00:43:22,160 --> 00:43:22,820 I have a question. 500 00:43:23,560 --> 00:43:29,960 When somebody comes for a subdivision, does the town go, okay, yeah, we're going to do 501 00:43:29,960 --> 00:43:30,520 the subdivision. 502 00:43:30,620 --> 00:43:34,560 But we want you to do this, fix the sidewalk, do this. 503 00:43:34,560 --> 00:43:39,900 Is that is that ever part of the quid pro on on improving a subdivision? 504 00:43:42,260 --> 00:43:47,600 So I can't speak for the plan board and I don't staff plan board. They're the ones that review 505 00:43:47,600 --> 00:43:53,420 subdivision they have their standards. Sometimes the developers will ask for a waiver from particular 506 00:43:53,420 --> 00:43:59,560 standard except the plan board to decide what not to correct that waiver. And then the plan board 507 00:43:59,560 --> 00:44:05,380 does set conditions of approval that the developers have to meet. That's done on a case-by-case basis. 508 00:44:06,320 --> 00:44:14,740 In terms of the buffer zone and all that, we do have a third-party engineer that goes out 509 00:44:15,460 --> 00:44:21,700 and inspects the development to make sure that what they built was what they proposed that one 510 00:44:21,700 --> 00:44:28,320 going to be built. So in terms of the buffer, when our engineer goes out to sign off on the 511 00:44:28,320 --> 00:44:35,040 green road development, they will be looking to see if that buffer was on the plan, they'll 512 00:44:35,040 --> 00:44:39,500 look to make sure that that buffer is there. And if it's not there, they will make timber plan one. 513 00:44:39,800 --> 00:44:49,800 Well, that email was titled Final Buffer Zone, that first one to us. So it's not what happened. 514 00:44:52,460 --> 00:44:56,060 some of the issues we've been having up there and I know this is through the 515 00:44:56,060 --> 00:44:59,380 state sometimes is the water pressure I've talked to the 516 00:45:00,050 --> 00:45:05,010 The town water department, I'm getting 37 psi in barely shower. 517 00:45:07,370 --> 00:45:29,410 And I know you guys, as you just mentioned, are not planning board in the approval process, but they need to do a better job of working with the state and saying, hey, listen, there's no way you're going to get enough pressure up there. We need to require the builder to put a substation pump in or do something to increase the water pressure. Not just, okay, let's build, build, build, build, build. And 518 00:45:29,410 --> 00:45:36,150 you got an inferior product and you know it's an issue. Water pressure is an issue. 519 00:45:39,170 --> 00:45:46,870 Look, what I would like to see happen is have Chinburg fix some of the things that are 520 00:45:46,870 --> 00:45:50,730 now wrong. I don't know what can be done about the water pressure, but it's terrible. 521 00:45:52,390 --> 00:45:57,270 The trucks, the first turn into green road, they've really damaged the road there. 522 00:45:59,910 --> 00:46:00,430 When 523 00:46:00,430 --> 00:46:04,370 35-30 feet into the top of our road there. You don't know right where you're coming in. 524 00:46:04,770 --> 00:46:06,390 The truck's coming there every single day. 525 00:46:08,560 --> 00:46:11,640 The front sidewalk, as you go beyond that, 526 00:46:12,200 --> 00:46:16,680 has always been a mess there. Maybe they should fix the sidewalk. You know, they could 527 00:46:16,680 --> 00:46:20,600 pave the sidewalk, they could take care of it. They've paved some of the sidewalk out by some 528 00:46:20,600 --> 00:46:29,500 in circle. Fixed the rest of it. I think there's one unit, number 43. It's part of the six 529 00:46:29,500 --> 00:46:34,280 single families at the top it's not bill yet the foundations in they started 530 00:46:34,280 --> 00:46:40,140 framing it should be capped at 35 feet it's right behind my house I don't think 531 00:46:40,140 --> 00:46:45,580 you should allow that to be built to 43 feet or 42 or 41 could be 35 feet that's 532 00:46:45,580 --> 00:46:51,540 what the ordinance is that's my number one that's the last one that has to be 533 00:46:51,540 --> 00:46:59,540 bill. No, no, no, you're talking about on so much surface. Okay, lot 43. I don't think 534 00:46:59,540 --> 00:47:05,140 it should be allowed to be built. So hiring how many more have to be are. It's two. So for the 535 00:47:05,140 --> 00:47:12,540 duplex, the duplex is the ones that they're going for the equitable labor. Yeah. They just 536 00:47:12,540 --> 00:47:15,600 poured the footings for the last duplex. 537 00:47:18,050 --> 00:47:19,670 We're not seeking variance for height up top. 538 00:47:23,050 --> 00:47:23,570 It's 539 00:47:23,570 --> 00:47:29,190 Okay, so they're got to build those at 30 so that's not an issue as long as you want to do it what they say 540 00:47:30,070 --> 00:47:32,950 One can be held to 35 p 541 00:47:35,570 --> 00:47:48,740 So so everything so the maximum height was 35 35 feet so one more has to can be built and that should be built to 35 feet 542 00:47:48,740 --> 00:47:51,600 There you go. Well, the premise has already been issued for that one. 543 00:47:52,100 --> 00:47:53,980 I'm sorry. What height? At 40 feet. 544 00:47:54,720 --> 00:47:57,380 I think that I'm a service that doesn't understand the subdivision. 545 00:47:57,580 --> 00:48:03,180 So there's 16 duplexes down below that we're seeking the equitable way before because they've been built. 546 00:48:03,640 --> 00:48:03,740 So 547 00:48:06,170 --> 00:48:11,490 there's additional six single-family condos of top size that we're not talking about. 548 00:48:11,570 --> 00:48:15,150 We're not talking about those, no sir. They will be, we're not seeking variance. 549 00:48:15,890 --> 00:48:18,170 So there's one more to be built. 550 00:48:18,970 --> 00:48:29,790 Well, the two classes on that, that's basically what you're looking for an actual waiver on all of them, but what will that be built? 551 00:48:33,780 --> 00:48:35,920 So, but you could build that one at 35. 552 00:48:36,680 --> 00:48:38,540 Well, I think the building permit and the PD's... 553 00:48:47,080 --> 00:48:54,400 So anyway, that's obviously they're not going to tear them down, but the process has been not good. 554 00:48:54,400 --> 00:49:00,300 The, you know, it seemed like Chimburg just kind of goes in and just does what he wants. 555 00:49:04,030 --> 00:49:10,130 They come to us and say, hey, you know, we have meetings, but then they just go and do whatever they wanted to do. 556 00:49:11,150 --> 00:49:14,470 That's not right. It's not right to come in and ask after with the fact. 557 00:49:14,970 --> 00:49:23,310 They say, hey, you know, whoops, I went six feet over. So, anyway, obviously they're not going to be torn down. 558 00:49:23,310 --> 00:49:32,930 but I think we should be compensated somehow for what's happened and what we 559 00:49:32,930 --> 00:49:37,930 have to now live with which is looking out the window to a roof and a window that 560 00:49:37,930 --> 00:49:44,510 six feet higher than it should be when we're already trying to buffer it's so 561 00:49:44,510 --> 00:49:48,650 it's so comical it's not even funny we have all these meetings about buffering 562 00:49:48,650 --> 00:49:53,030 and trees and don't take these trees and they had all the trees flagged and then 563 00:49:53,030 --> 00:49:59,270 they came and wiped all the trees out and now they're replanting trees that are 68 feet tall 564 00:49:59,270 --> 00:50:00,970 that don't do anything for a buffer. 565 00:50:03,170 --> 00:50:05,550 It's it's going to a terrible process 566 00:50:08,270 --> 00:50:09,190 process and 567 00:50:09,970 --> 00:50:10,930 anyone have any questions. 568 00:50:13,720 --> 00:50:16,380 I just like to make one out of common. I just don't understand 569 00:50:17,340 --> 00:50:28,250 how such a big project can happen with a you know a board can let that and every one of those is 570 00:50:28,870 --> 00:50:31,230 that much higher than what it's supposed to be. 571 00:50:31,510 --> 00:50:33,170 But we didn't let it go. 572 00:50:33,230 --> 00:50:33,970 Nobody caught it. 573 00:50:33,970 --> 00:50:35,130 We didn't let it go through. 574 00:50:35,670 --> 00:50:36,790 Well, how did it get built? 575 00:50:37,070 --> 00:50:37,510 They're all built. 576 00:50:37,930 --> 00:50:39,030 How come they're all built? 577 00:50:39,330 --> 00:50:40,590 And now they come for the variance. 578 00:50:41,170 --> 00:50:44,190 They didn't come when they first built the first one. 579 00:50:45,230 --> 00:50:46,610 So they could get approval. 580 00:50:47,350 --> 00:50:49,990 Like that fella did before he built the building. 581 00:50:50,750 --> 00:50:52,930 They're coming now after they're all built. 582 00:50:53,490 --> 00:50:55,290 And they know that you're not going to tear them down. 583 00:50:58,570 --> 00:51:00,230 That's just not correct. 584 00:51:00,630 --> 00:51:01,870 I understand you're pretty good. 585 00:51:01,870 --> 00:51:05,130 You know, that's wrong, that's definitely wrong. 586 00:51:05,670 --> 00:51:12,710 And that should have been caught, you know, and I think they should be fine or something. 587 00:51:12,910 --> 00:51:13,590 I don't know. 588 00:51:14,030 --> 00:51:14,810 We don't have that. 589 00:51:14,870 --> 00:51:18,470 Well, something should be done, because it's not, it's not correct. 590 00:51:19,270 --> 00:51:24,190 And we're really upset about it, I'm a boy, and every one of us that lived there. 591 00:51:25,250 --> 00:51:26,830 That they can get away with it. 592 00:51:26,970 --> 00:51:28,210 We've understood what you said. 593 00:51:28,570 --> 00:51:30,150 I mean, it's just not right. 594 00:51:31,150 --> 00:51:34,770 You have to do a better job of approving these things. 595 00:51:57,150 --> 00:51:57,870 I'm Tiger Grant. 596 00:51:58,010 --> 00:52:00,530 I do live on one of those houses that 597 00:52:00,530 --> 00:52:03,450 are out of compliance at the moment. 598 00:52:04,310 --> 00:52:07,030 Just want to say, it sounds like most people have said, 599 00:52:07,150 --> 00:52:08,010 we don't want to tear them down. 600 00:52:08,070 --> 00:52:09,190 I just wanted to echo that. 601 00:52:09,970 --> 00:52:11,470 I just recently got married. 602 00:52:12,990 --> 00:52:15,070 I've been living in the house for a little over a year, 603 00:52:15,070 --> 00:52:20,390 trying to start a family and it would just be dramatically impactful if we had 604 00:52:20,390 --> 00:52:27,510 to try to take the roof down or rebuild so I do feel bad for sounds like 605 00:52:27,510 --> 00:52:32,070 with that buffer zone that was not built correctly I understand looking out at 606 00:52:32,070 --> 00:52:35,510 the roofs that are higher it sounds like you prefer to be looking out at the trees 607 00:52:35,510 --> 00:52:40,630 so I agree that something should be done there to increase the buffer but 608 00:52:40,630 --> 00:52:42,670 Can you just please address the board? 609 00:52:42,990 --> 00:52:43,950 Oh, excuse me. Sorry. 610 00:52:44,430 --> 00:52:44,910 Yeah. 611 00:52:46,770 --> 00:52:49,190 But that's really all I had to say there. 612 00:52:49,610 --> 00:52:49,770 Thanks. 613 00:53:01,600 --> 00:53:02,240 Good evening, board. 614 00:53:02,660 --> 00:53:04,140 Joe Montague, 28 Green Road. 615 00:53:04,460 --> 00:53:07,180 Just want to echo everything my neighbor Tyler said as well. 616 00:53:07,420 --> 00:53:12,480 I think it would be a massive burden on us if it came down to tearing down the buildings 617 00:53:12,480 --> 00:53:16,940 or making modifications, both expense wise, that would be passed along to us 618 00:53:16,940 --> 00:53:21,520 or HOA or some other organization involved in this. 619 00:53:22,620 --> 00:53:27,660 Again, to reiterate everything, if whatever happens with Chimburg, that's between you all, 620 00:53:27,860 --> 00:53:32,860 but we kindly just requested whatever the decision is, it doesn't involve modifying the buildings. 621 00:53:34,080 --> 00:53:34,660 That's it. 622 00:53:44,000 --> 00:53:46,040 I'm not sure we can make a decision tonight. 623 00:53:46,560 --> 00:53:51,040 Mr. Chair, we could close the public discussion and then discuss it among ourselves. 624 00:54:01,610 --> 00:54:02,590 We shouldn't make a decision. 625 00:54:03,210 --> 00:54:10,650 I'm not equipped to, I need to put some things inside in, there's a lot of things going on here. 626 00:54:12,310 --> 00:54:14,310 I'd just like to make one comment. 627 00:54:14,950 --> 00:54:18,810 We're not in favor of tearing down the buildings or anything. 628 00:54:19,370 --> 00:54:20,450 We're not looking to do that. 629 00:54:21,130 --> 00:54:28,530 We're just upset in the process that these buildings could have been built without anybody checking the height up. 630 00:54:28,530 --> 00:54:34,010 somebody must physically check these buildings, inspect them when they do 631 00:54:34,010 --> 00:54:41,150 occupancy permits or whatever? I think what you should do is well it's 632 00:54:44,730 --> 00:54:45,090 it's 633 00:54:45,090 --> 00:54:53,010 not this board's fault that what happened and I don't I'm not so sure where it is 634 00:54:53,010 --> 00:54:58,870 we've had multiple doing the investigation of how that happened and I think you 635 00:54:58,870 --> 00:55:01,650 We have to take that up with other people, other than us. 636 00:55:02,250 --> 00:55:05,110 I think you guys could do something to find out. 637 00:55:05,390 --> 00:55:08,110 Sir, we don't have a permit authority. 638 00:55:08,370 --> 00:55:09,110 You know that better. 639 00:55:09,550 --> 00:55:10,210 I'll tell you. 640 00:55:10,410 --> 00:55:12,670 We understand what your concerns are. 641 00:55:12,810 --> 00:55:13,410 We hear you. 642 00:55:13,770 --> 00:55:16,770 We are a board of limited statutory authority. 643 00:55:17,050 --> 00:55:19,230 That's what he's trying to point in some other directions. 644 00:55:20,250 --> 00:55:20,550 Can I stand? 645 00:55:21,170 --> 00:55:26,570 And I hear a list of different things that you have. 646 00:55:26,570 --> 00:55:29,210 We have nothing to do with water pressure. 647 00:55:29,830 --> 00:55:33,530 I understand that, but we don't have anything, 648 00:55:33,730 --> 00:55:34,270 and we can't. 649 00:55:34,750 --> 00:55:37,590 That's why I say I think we've got to discuss this. 650 00:55:38,610 --> 00:55:40,910 Somebody else has got to give us some guidance. 651 00:55:41,230 --> 00:55:42,270 Oh, that's a good example of that. 652 00:55:42,390 --> 00:55:44,110 Sir, Mr. Chairman, this is Mr. Chairman. 653 00:55:44,490 --> 00:55:46,450 It's both, he's repeating himself. 654 00:55:46,830 --> 00:55:48,290 Well, let him speak. 655 00:55:55,600 --> 00:55:58,160 You've got to take that up, and we have 656 00:55:58,160 --> 00:55:59,940 to take it up with somebody else. 657 00:56:05,700 --> 00:56:13,320 So besides approving or disapproving this motion or whatever you guys call it, is there 658 00:56:13,320 --> 00:56:16,380 any other thing that you as a board can do? 659 00:56:16,740 --> 00:56:16,840 No. 660 00:56:17,040 --> 00:56:18,500 It's just a proof or disapproving. 661 00:56:18,620 --> 00:56:19,540 There it is. 662 00:56:20,440 --> 00:56:21,540 I can't continue it. 663 00:56:22,880 --> 00:56:25,160 But it's not within our... 664 00:56:25,160 --> 00:56:26,340 Yes, we have an option. 665 00:56:27,220 --> 00:56:33,100 Well, we can continue, I suppose, but we don't have any authority. 666 00:56:33,320 --> 00:56:34,380 Yeah, what are we going to do? 667 00:56:34,520 --> 00:56:35,080 What are we going to do? 668 00:56:35,380 --> 00:56:36,240 No, not us. 669 00:56:36,420 --> 00:56:39,580 Then they go back to the drawing board and figure out maybe some solution. 670 00:56:39,680 --> 00:56:40,700 That wasn't his question. 671 00:56:41,020 --> 00:56:45,920 His question was beyond, have we bored on what it can do? 672 00:56:47,220 --> 00:56:47,320 Right. 673 00:56:47,820 --> 00:56:53,160 It also seems like a proof of the, what's in front of us? 674 00:56:53,740 --> 00:56:53,860 Right. 675 00:56:53,860 --> 00:56:54,080 Yeah. 676 00:56:54,380 --> 00:56:54,980 Right. 677 00:56:55,340 --> 00:57:03,740 It also seems like I understand what Charlie's saying that I guess he's asking for a little 678 00:57:03,740 --> 00:57:06,020 bit of help from this board. 679 00:57:07,540 --> 00:57:14,200 Obviously it's a town to go to the planning board and say listen, you know, this was a 680 00:57:14,200 --> 00:57:14,380 mess. 681 00:57:15,040 --> 00:57:21,940 You know, I mean, why is it on us as a residence to now go tackle back to the planning board 682 00:57:21,940 --> 00:57:29,780 and deal with it. Why can't there be some from people on this board to go and say, 683 00:57:29,800 --> 00:57:37,820 hey, look, we need to look at this. I mean, your next course of action, well, I know 684 00:57:37,820 --> 00:57:41,560 what the next course of action is. Okay, 685 00:57:44,200 --> 00:57:44,460 thank you. 686 00:57:53,200 --> 00:57:56,020 The board not make a decision tonight 687 00:57:56,020 --> 00:58:05,000 and give us time to talk to council and see where you go to that, yeah, that I'm in favor. 688 00:58:08,680 --> 00:58:10,900 What do we do, we table this for? 689 00:58:11,380 --> 00:58:13,420 We're close upon the public hearing first. 690 00:58:14,220 --> 00:58:14,960 Oh, we 691 00:58:17,940 --> 00:58:18,720 have a public hearing. 692 00:58:20,040 --> 00:58:21,360 We opened it. 693 00:58:21,360 --> 00:58:21,760 Okay. 694 00:58:22,280 --> 00:58:23,420 Then I close it. 695 00:58:27,150 --> 00:58:27,670 Your 696 00:58:30,160 --> 00:58:35,920 absence right now is here to make a motion or to continue this, too, it needs specific. 697 00:58:35,920 --> 00:58:38,920 That's what I think we should do. Do I have a motion to that? 698 00:58:38,980 --> 00:58:48,960 I'd like to move. Then we continue this public hearing to our next, maybe our next meeting for an equitable wave of dimensional requirements. 699 00:58:49,780 --> 00:59:03,480 We'll sue it to NHRSA 674.33A from Chen Road Development LLC for the non-conforming structures located on Green Road, tax map R5, light 132. 700 00:59:03,480 --> 00:59:05,740 within the R2's own industry. 701 00:59:06,240 --> 00:59:07,640 Okay, two seconds. 702 00:59:08,240 --> 00:59:10,200 Is that a motion I didn't understand what he said? 703 00:59:10,420 --> 00:59:11,380 Is that a motion to continue? 704 00:59:11,820 --> 00:59:12,420 Yes, to continue. 705 00:59:12,640 --> 00:59:13,640 To what date? 706 00:59:14,200 --> 00:59:15,020 He did not specify. 707 00:59:15,580 --> 00:59:17,000 We need to specify a date. 708 00:59:17,840 --> 00:59:19,400 I said maybe our next meeting. 709 00:59:19,800 --> 00:59:23,620 So I would recommend February 12th. 710 00:59:27,040 --> 00:59:27,560 Second. 711 00:59:28,040 --> 00:59:28,100 Yeah. 712 00:59:28,240 --> 00:59:28,580 Okay. 713 00:59:29,220 --> 00:59:31,400 All in favor of continuing. 714 00:59:31,880 --> 00:59:33,840 Does February 12th? 715 00:59:33,840 --> 00:59:34,100 Hi. 716 00:59:34,100 --> 00:59:34,740 Hi. 717 00:59:34,740 --> 00:59:34,780 Hi. 718 00:59:37,210 --> 00:59:37,930 For the record. 719 00:59:40,310 --> 00:59:41,150 You're staying. 720 00:59:47,950 --> 00:59:48,970 Say, day 12. 721 00:59:49,670 --> 00:59:50,530 February 12th? 722 00:59:50,530 --> 00:59:50,870 February 12th? 723 00:59:50,870 --> 00:59:52,230 Will they be noticed again? 724 00:59:52,590 --> 00:59:56,250 They will have to be noticed again, because we continue to do it to a day specific. 725 00:59:56,670 --> 00:59:56,990 Okay. 726 00:59:57,850 --> 00:59:59,710 So, this will happen. 727 01:00:00,000 --> 01:00:08,080 Again, on February 12th, if we, yes, Dave, we'll have to bring it to the powers that be in 728 01:00:10,260 --> 01:00:10,580 between. 729 01:00:17,140 --> 01:00:19,740 So maybe we'll have some answers. Maybe we won't. 730 01:00:22,000 --> 01:00:29,470 Sorry, we can't make these decisions. Yeah, I learned a little something today. Thank you. 731 01:00:39,410 --> 01:00:41,030 Everybody get out of here first. 732 01:00:45,300 --> 01:00:47,040 Thank you all. Good luck. Yeah, thank you. 733 01:00:54,430 --> 01:00:55,890 All right. New old business. 734 01:00:55,890 --> 01:00:56,750 This is 735 01:01:06,410 --> 01:01:12,370 a place where you can tell where that kitchen bed line is, that I set up, so I'm 736 01:01:12,370 --> 01:01:18,530 going to show you a month of meetings on the second Monday of the month. 737 01:01:19,010 --> 01:01:19,770 So last week? 738 01:01:20,230 --> 01:01:20,550 Last week. 739 01:01:20,970 --> 01:01:22,530 That's very bad thing to do. 740 01:01:23,990 --> 01:01:25,310 Oh, look at that. 741 01:01:25,790 --> 01:01:27,090 Double-sided clinic. 742 01:01:27,430 --> 01:01:27,630 Hey! 743 01:01:28,490 --> 01:01:30,430 So I'm going to put it on the weekend, 16. 744 01:01:33,690 --> 01:01:44,870 so basically all I'm looking for tonight is just a vote to solidify this calendar. I make 745 01:01:44,870 --> 01:01:53,870 a motion to solidify this calendar. Second. All in favor? Aye. Opposed? A great idea by the way. 746 01:01:53,870 --> 01:01:56,190 I think it will help everybody. 747 01:01:59,950 --> 01:02:00,770 What's it? 748 01:02:01,790 --> 01:02:03,690 Make a motion to adjourn. 749 01:02:03,710 --> 01:02:04,290 Sexist. 750 01:02:04,710 --> 01:02:05,150 Hi. 751 01:02:05,330 --> 01:02:05,910 Hi. 752 01:02:07,670 --> 01:02:08,830 Go to bed. 753 01:02:11,150 --> 01:02:12,170 We're off. 754 01:02:12,550 --> 01:02:13,010 Not yet. 755 01:02:13,570 --> 01:02:13,970 Not yet. 756 01:02:14,310 --> 01:02:14,490 Nope.