[2:30] We'll start with the.

[2:42] One,

[3:06] two, three, four, five of us here. So we have a quorum. No, a point. Henry is. Voting member tonight. All right.

[3:22] The acceptance of minutes. They're not ready. So we'll postpone those until next month. Is anyone taking minutes this evening?

[3:31] So, Sue is watching the meeting from home and she's taking notes, so she did it, asked me

[3:39] to remind everybody to speak clearly and loudly into the microphones.

[3:43] So, regular business we have two items.

[3:54] The first is a variance request from Section 32-88, Structureite and Section 32-89, Dimension

[4:04] Stable from Michael and Brittany Aaron Bach to permit the construction of a two-story

[4:11] home without with a walkout basement that will exceed the maximum height of

[4:18] 35 feet allowed by two feet, nine inches. The lot is located at 21

[4:25] hammer found drive, tax map R4, lot 42, 11, R1 district.

[4:36] Could you like to make a

[4:45] presentation.

[4:50] Well, they are looking to build a 2.5-room colonial house with a 12-bedroom

[5:01] because of the tenfold federal custody walkoff basement, it doesn't exceed the built-in

[5:11] height of the definition by two-pinthigent.

[5:15] So we are looking for a variance in that,

[5:20] I don't know, which criteria or how do you like

[5:23] to?

[5:26] You don't have to go through, but if you'd like to just do your presentation.

[5:32] Okay.

[5:36] So the criteria number one, the variance would not be contrary to the public interest.

[5:45] The public would not be affected by the height of this bill. The handle found drive is an established subdivision with numerous homes

[5:54] that they'd either walk out or drive into garages,

[5:58] you know, that do exceed the 35 height distance.

[6:02] So it wouldn't be contrary to the public interest

[6:05] with the homes and other divisions.

[6:10] If the criteria number two,

[6:13] if the variance were granted, the disparity ordinance would be observed

[6:16] because this two main criteria on the rationale for the height

[6:21] So in one is fire safety.

[6:26] The area that does exceed is the attic.

[6:30] This is the non-lippable area.

[6:32] It's for storage.

[6:34] And so

[6:38] the ability to fight that, you know, the fire safety would not be an issue.

[6:46] The second criteria is structural height strongly affects the character of the neighborhood

[6:51] and the allowance of the adequate sunlight mass circulation.

[6:54] This proposal is built on a residential subdivision, it will have plenty of open space land and

[7:02] the buttons in areas, so it will not affect, you know, some way or air quality of circulation

[7:10] within the subdivision, there's plenty of room in the subdivision.

[7:17] Grant and the variance would do a substantial justice.

[7:22] The Ellen Bach desire a two-story home to raise the family in, as the basement foundation,

[7:29] first and second stories, to build the industry standard, the only variables that would

[7:33] be changed is the deletion of a walk-out basement, a change of the pitch of the roof.

[7:39] Due to the site layout of this law, the septic system has to go all-front.

[7:44] It's also restricted in the air because of the rear of the building because of the 250 foot shore land conservation zone.

[7:51] So, which we do have the permit for that.

[7:55] So, it's tight back there.

[7:57] We really don't, I mean, it just really cades towards a walkout basement.

[8:02] This castle does.

[8:04] To make a non-walkout castle, we really not do the walkout basement.

[8:11] and really be unfair for the house itself, it

[8:23] would also require additional fill to be brought

[8:25] into the rear of the castle, which really doesn't fit with the lay of the land.

[8:36] Criterion number four,

[8:38] if the variance were granted, the values of the surrounding properties would not be diminished,

[8:45] The proposed house will be built on an undeveloped block.

[8:50] The house will be similar character and style that will fit in for the fabric of the existing

[8:54] neighborhood.

[8:56] The value will be similar to other houses in the neighborhood, and we will denote the

[9:00] dimensions of values adjacent from a very similar house style to what is presently in

[9:08] him a farm.

[9:12] Quite terrible number four, unnecessary hardship.

[9:18] The early backs, as you all imagine, the houses that I put in a quite investment in this

[9:24] house, I hope it's going to build this home.

[9:31] As I mentioned, the property really cated itself towards the walk out basement.

[9:38] It's only approximately 20% of this particular perimeter that does exceed 35 foot criteria.

[9:52] So I mean there's a bunch of other stuff in here.

[9:54] I don't know if you had a chance to read this.

[9:56] You have any questions on the application?

[10:01] Well, I think we should open up to public comment,

[10:13] but I'm just saying

[10:22] none.

[10:26] Mr. Chair, I have not received any communications, but I'd like to notify you in the moment.

[10:38] I have not received any communication so nobody has emailed me any letters or anything

[10:44] in that regard to this project.

[10:46] From my butters and others.

[10:47] Correct.

[10:48] Okay.

[10:50] Well, I had a couple of questions if I may, Mr. Chair.

[10:53] Go for it.

[10:55] Mr. Philly, what the one criterion I have looked at and thought about is the unnecessary hardship.

[11:03] What would be the hardship in our not granting this variance?

[11:10] I guess the biggest thing is that the character and style of the home run themselves to a larger pitch roof.

[11:24] Granting to go into a lesser pitch roof, again, that it really takes away from the character of the home.

[11:31] Plus also it's not an ideal standard for snow loads.

[11:36] okay but it's not it's not flat and

[11:45] if

[11:50] the variance if the variance were not

[11:52] granted then the walkout basement would have to be closed and pitch

[11:59] brought in is that correct one of the other yes

[12:06] only one of the only one of

[12:08] Oh, the other.

[12:12] All right.

[12:18] Well, there will be in that top part of the house that exceeds

[12:25] the 35 feet limit that will be just an attic. It's not accessible by stairwell. That'd be

[12:32] a storage area. Correct. Now, not a livable space, just the storage.

[12:36] Okay. And could it walk on basement, serve as a storage space instead of that?

[12:43] I'm

[12:48] not quite sure what the tent is, but the basement of the tent is finished off and off.

[12:54] Okay.

[12:59] All right, thank you.

[13:04] Anyone else?

[13:05] I have no question.

[13:17] Oh, I think it...

[13:20] This isn't the first walk out basement that's been built on that side or anywhere.

[13:32] I

[13:36] don't have a problem with it.

[13:38] I'm always a stequler on hardship.

[13:44] Mark, I read it pretty, and

[13:51] it's a regionalist sort of poem that says,

[13:54] in order to grant a hardship, the land itself, the property upon which the house is sitting,

[14:02] must have some unique characteristics, unlike the rest of the neighborhood.

[14:07] So if this house were sitting on the ledge and it was going to require the house to

[14:12] go up, that would be a pretty easy one.

[14:22] I just, I understand the desire, devil walk out basement.

[14:32] I'm not sure that the

[14:37] ordinance is always right.

[14:40] And this is not all I get to describe to us.

[14:44] But again, I'm very much an originalist.

[14:46] And I would not approve it based on the fact that it makes

[14:55] makes the house more and it would to me too.

[15:00] To the liking of the president.

[15:50] My point of the plan is the it's grow and it slopes down away from the road.

[15:56] The septic system has to go in the front right corner of the castle,

[16:00] and it's in the front right corner of the castle, and to avoid a pump system,

[16:08] which is not that desirable, the front is going to be built up,

[16:13] which again lends itself to a walk-out basement.

[16:18] And also with the restriction through the soils in the 250-foot shore land conservation

[16:24] film from the Piscacic River on the back, it's a very tight parcel, you know, as far as

[16:30] what's built.

[16:35] So that, you know, it's really not desirable to put trying to fill in the back of the house

[16:41] of the foundation.

[16:42] But I think you said it was going in front of it.

[16:45] What's that?

[16:45] The septic system.

[16:46] Yes, yes.

[16:47] Yes.

[16:48] So, why would that, I'm confused, why would that,

[16:56] it's really, the, here's the road,

[17:00] the house is here, you really can't put film to the rear of the house, it's a very,

[17:08] a very short area between the foundation and a 254 shawling conservation zone, so really

[17:20] We can't fill in the backside of the foundation with our forgetments into the 250 foot shoreline

[17:28] and can't contemplation at all.

[17:29] So the hardship then would be the lay of the land, the fact that it's okay.

[17:38] That makes a difference.

[17:42] If the walkout basement were retained, what was there?

[17:51] What happened if we said no and you could build up the 35 feet, what would be the result

[17:59] of that?

[18:03] I mean, in that being the case, it would be a reduced patched roof, you know, 7, 12 patch

[18:13] roof.

[18:15] Is that a real hardship on your mind?

[18:21] In my mind, yeah, given the valuation of properties right now,

[18:26] Colonials were the 7, 12 are not real desirable, in my opinion.

[18:32] I mean, you tend to see those on, you know,

[18:37] more starter entry level homes, the typical

[18:41] clone of this have a much steeper roof,

[18:43] and aesthetically, a more desirable, in my opinion.

[18:47] Okay.

[18:48] Yes, I would.

[18:49] But this note is still being removed because it's not flat.

[18:52] And it still has a seven by twelve pitch, yeah.

[18:59] Okay.

[19:04] I guess I'm awesome.

[19:09] The other thing about...

[19:10] Go right up to the mic.

[19:12] Sorry, sorry.

[19:13] Yeah, the other thing about the whole pitch in the roof is...

[19:16] What's that?

[19:17] Your name?

[19:17] Sandy, Roland Bach.

[19:18] Oh, okay, thank you.

[19:20] The other thing about the pitch of the roof is that it would be not in keeping with pitch of

[19:26] the roofs of all the other houses surrounding it, which I'll have a steeper pitch roof.

[19:32] So we'd be different than everybody else to be able to other homes or in the neighborhood,

[19:39] which have walk out basements and steep pitch.

[19:44] But if I could, but not the incline.

[19:47] Nope, they all have the incline, the walk out basement being climbed.

[19:50] Yeah, so we're not different.

[19:51] That's the thing is the two houses right next to us

[19:54] Would actually end up in taller than ours if we had to go less than 35

[19:59] Or meet the 35 so they don't meet the criteria. No

[20:04] 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

[20:10] I didn't okay. Okay

[20:13] He said he lives at 15 him

[20:14] And he doesn't meet it. Yeah

[20:17] Yeah, and we look at the neighborhood next to us, Stonewall and Madison.

[20:24] And they're all walk-out basements or drive-under garages that steep pitch roots.

[20:30] They're 10-12 pitch.

[20:31] Yeah, they don't get.

[20:31] They exceed the 35 feet.

[20:33] And are they 35 feet?

[20:36] They exceed it.

[20:37] Yes.

[20:37] Okay.

[20:38] Yeah, so, yeah, it's not an unusual house, it's the thing.

[20:43] Bad news, Mark, you may have to take your roof off.

[20:51] We can't do it.

[20:52] Oh, we can't.

[20:57] 22 years ago.

[20:58] So, we're still under your name.

[21:01] Could I make a motion, Mr. Chair?

[21:04] Sure.

[21:04] I'm sorry, I didn't hear you, James.

[21:06] May I make a motion?

[21:07] Oh.

[21:08] You may.

[21:09] Oh, great.

[21:10] I moved to Grant Avarian's request from Michael Irlandbach

[21:13] petitioning the Zoning Board of Adjustment for Relief from Section 32-89 to

[21:17] mentions table of the municipal code of town and new market in Hampshire to

[21:20] permit the single-family home to exceed the maximum structure height. But two

[21:24] feet nine inches on real property with an address of 21-hamel farm drive tax map

[21:28] you are for. Lot 42-11 within the R1 Zoning District as a petition satisfies a

[21:34] five-part test of the variance statue pursuant to RSA 674-33. Thank you.

[21:40] You're second all

[21:44] in favor. All right. All right. Oh, there

[21:52] you go. Thank you very much. Thank you

[22:09] Congratulations

[22:21] So the permit is issued to the property

[22:28] Okay,

[22:39] our second regular business is

[22:48] Acurable waiver of dimensional requirements

[22:53] requested by Chinberg Development LLC,

[22:58] 16 Duplex Duplex buildings, 32 units

[23:02] on Green Road are 40 feet, 7 inches in height

[23:07] which is taller than the allowed 35-foot in section 3289 dimensions table of the

[23:16] new-market zoning ordinance. The properties are located at Stone Hill Point at

[23:22] Hershey Green, IE Green Road, tax map R5, block 132, R2 District.

[23:35] Here up.

[23:40] Good evening. My name is Sean

[23:46] 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.

[24:00] But I'm here tonight seeking an equitable waiver due to what can best be described as

[24:05] administrative oversight.

[24:07] We were unaware that the floor plan that was chosen exceeded the additional requirements

[24:12] here in the town of Newmarket until the couple weeks ago we got an email from Mr. Evans

[24:16] and then took me.

[24:30] Can you talk about the project?

[24:35] So the project was to

[24:39] have the full background over a decade ago,

[24:44] and in the 80s, we just

[24:46] Just again, building out, like I said three plus years ago, it's 38 total units, 32 duplex units, 16 buildings on Green Road.

[24:56] That's part of a current existing HOA, Percy Green.

[25:00] There's also more to be six single family homes up top,

[25:14] the exception of two.

[25:27] How many of these units did you say the duplexes have been built?

[25:32] We have building permits for all 32 units.

[25:35] We have building permits. How many have been built?

[25:37] have been built we all have been we

[25:44] two buildings they're not

[25:47] the 16 buildings 16

[25:49] buildings is there so you've got how much done on foundations I haven't been out

[25:56] there in the past couple weeks but are you aware yeah so most of them have occupancy

[26:02] now there are I think three they're construction at least the three duplexes at

[26:10] So this one was getting real close to completion for a final.

[26:14] Two others have done the framing in the electrical tunnel, the rough inspection.

[26:19] Okay.

[26:20] And then the last one, they just poured the footage today.

[26:34] Mr. Chair, may I say something?

[26:36] Wait.

[26:36] Thank you.

[26:37] Do you want to discuss this among us?

[26:40] Or is this a question further yet?

[26:43] It's for her.

[26:44] Yes.

[26:45] It will go.

[26:45] So they're for criteria for considering an equitable waiver of dimensional requirement.

[26:55] And one is that the violation was not an outcome of ignorance of the law or ordinance failure

[27:02] to inquire, obfuscation, misrepresentation, or bad faith in the part of any owner.

[27:10] And I don't think any of those apply, but I was I was thinking I'm not sure how you

[27:17] missed the ordinance that the max required height is 35 feet, but was it just because

[27:28] I'm not sure I'm missing from the beginning of your speech who you are.

[27:31] Are you a developer?

[27:32] I work for chamber development.

[27:33] Yes sir.

[27:34] Okay.

[27:34] Okay, thank you.

[27:37] The Tinburg did not look carefully enough at the ordinance to understand the height

[27:43] limitation.

[27:44] Was that being correct?

[27:45] Yes, sir.

[27:46] How did that happen?

[27:46] I do not know.

[27:48] This original subdivision was approved in the 80s, Mr. Evan, sent this email like I said just

[27:53] a few weeks before Christmas and I thought it would be like, oh well probably we were grandfathered

[28:01] under the eighties, the only one that did that was the

[28:14] Super Bowl's

[28:19] 32 billion

[28:20] permits.

[28:28] Well, I did think that. That's why I said I added my own

[28:33] criteria right now. No, I agree. I mean, really, just the, you know, we've got

[28:37] through the architecture, got through

[28:57] our... Anybody else with a question?

[29:00] What in comment did I have? So I live at Hillside Lane, so for voting purposes, I'm

[29:06] I'm going to recuse myself from this piece of evening.

[29:11] Okay.

[29:12] Okay.

[29:13] I'm sorry, is that a hillside lane is near this?

[29:16] Yeah, literally.

[29:17] It continues from green on to hillside.

[29:20] Oh, I see.

[29:20] Yeah.

[29:21] On the other side of the road.

[29:23] So when you see green lane off of Hershey,

[29:27] or green road, excuse me,

[29:30] green road continues on to hillside lane.

[29:32] Oh, I see.

[29:32] Yeah.

[29:33] Okay.

[29:33] Okay, okay. So I'm going to repeat this for many of those.

[29:37] That's fine.

[29:40] That's all, yeah.

[29:43] So, sure though, granting the wave or how do you fix this?

[29:47] That's an excellent question.

[29:49] What's that?

[29:50] That's an excellent question.

[29:52] There's a piece in the application that I had submitted that,

[29:56] you know, asked the question whether or not be, you know,

[30:00] What the cost of fixing the error would be?...

[30:19] If it be worth looking into making adjustments,

[30:24] bringing the height down, what would you say? I'm not suggesting that no, sir... I'm not

[30:29] suggesting that no, sir... I miss undecided them. I think that was Mr. Errosa's question.

[30:34] How do you fix it other than granting a waiver?

[30:43] Well, the waiver's granted. There will be no fixing.

[30:48] That's right, but if you voted no, how would they fix that?

[30:53] Well, that's a good question. Lots of negotiation, I don't know.

[30:58] All ripping down.

[31:00] Sorry? Well, yeah, but I don't think that's realistic personally, and I don't think...

[31:06] No, I don't do that. I'm not advocating that.

[31:16] Any other questions?

[31:17] Well

[31:20] why don't I open it up to anybody that would like to speak we have two.

[31:31] When you come to the mic if you did state your name please.

[31:34] My name is Charles Susan.

[31:37] I'm here representing the H.O.A.

[31:42] The original 10 buildings that were built on Green Road before it was extended by China.

[31:50] They're much lower in height and that's what the approval was for.

[31:53] Excuse me.

[31:54] Any type of building?

[31:56] Do you address please?

[31:57] What's that?

[31:57] Can you tell us your address please?

[31:59] I live at 11 Green Road.

[32:02] Okay.

[32:02] I'm right behind all those buildings they put in.

[32:05] I would like an investigation of how they were allowed to do that and build and permits.

[32:15] Who would go through the building permits?

[32:18] Who did the inspections of the buildings and never noticed that there were over five feet?

[32:24] was

[32:29] it you? Sir. So just to let you know when I came into this position that

[32:36] development was already half built and so what I did is when under the assumption

[32:41] that previous people in my position had vetted it had done their homework and had

[32:49] approved it because it met code so all I was doing was just did you check check

[32:54] they worked? No, they did not. You didn't check to see if it was done.

[33:00] You just let it go. So I

[33:02] went on to the assumption that because these are the same duplexes over and over again, they only

[33:07] submitted one building plan for all the buildings. I went on to the assumption that it was approved by

[33:15] previous code enforcement officers. Therefore, they said it was okay. It should be okay. And so I

[33:23] I just need to take it out of there with it.

[33:24] So there aren't a bunch of little buildings.

[33:26] If you look at the first 10, I'm green-grove.

[33:29] There was supposed to be the same.

[33:31] They modified those, made them higher.

[33:34] They're three stories, not two stories.

[33:37] That's why they go over.

[33:39] They also blasted all that land behind them.

[33:43] They could have lowered it.

[33:45] So those are up higher over us, which I'm right back at.

[33:50] I mean we have to live through all that blasting, all that dirt, all the rock breaking, all of that.

[33:59] And nobody checked to see if those buildings, I

[34:06] don't understand.

[34:07] They build all these buildings, and now they go for a variance.

[34:11] After they build them, there's one that's

[34:24] chained very out there who it is.

[34:25] But that's wrong.

[34:27] And I can't speak to-

[34:29] You should have investigated in

[34:38] front of you. You can read a plan, right? Yes, I can.

[34:42] So you know, when you see the height of it, that it's higher than 35 feet.

[34:55] And you never check to see if they had a barrage.

[35:04] Assumption? And that was my mistake.

[35:11] I should have done my due diligence.

[35:13] Well, I think you should resign over that.

[35:18] That's under black.

[35:19] I mean, these 15 buildings are already built.

[35:22] There's gonna be 16.

[35:24] Every one of them is over five feet higher than what it's supposed to be.

[35:28] You get that guy at a hot time for two feet.

[35:32] You have to explain all that.

[35:33] We didn't give him a hard time.

[35:35] But I'm saying you have to go through all of that

[35:37] to get your approval for two feet.

[35:39] Because these buildings are one on top of the other.

[35:43] They put no extra parking in for gas or anything.

[35:48] That doesn't have anything to do with the height.

[35:51] Sir, I think his resigning is not an option.

[35:54] What's that?

[35:55] I think Mr. Evans resigning is not an option.

[36:02] How does the height...

[36:04] I feel that.

[36:05] How does the height affect you?

[36:07] It affects me.

[36:08] The windows on the second floor look right in my living room.

[36:11] I've got like 14, 15 windows that would have been much lower.

[36:16] 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.

[36:27] 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.

[36:39] And nobody seems to care.

[36:41] We're not going to ensure those houses. They're not on the R-H-O-A. They're seldom like that.

[36:46] But we're not doing that. We're separating from the other buildings too.

[36:53] Because it's completely wrong what they do.

[36:58] You know, I don't take that as an explanation that you just didn't look into it.

[37:03] Then you just took for granted that it was approved.

[37:07] When you have the plans in front of you, you can read.

[37:15] You can also read your name.

[37:18] We know we've discussed in Virginia.

[37:20] Okay.

[37:27] Ken Strathie, nine green road.

[37:42] And for any of the residents that are you?

[37:49] Sir, I didn't quite get your name.

[37:51] Ken Strathie.

[37:52] Strathie?

[37:53] Yep.

[38:09] Yeah, I'm about money.

[38:25] So I've been here about four and a half years now.

[38:28] So the road goes in green road and makes a circle

[38:31] that comes out on her seat.

[38:32] so when I purchased it was said there's going to be a buffer between the condos

[38:41] that are going in behind there so the process has been really kind of weak I

[38:50] think you know we never were notified about the first of the zoning board or

[38:58] whoever in the town is supposed to notify the butters we don't who who does

[39:04] that normally. Nobody. So it's a building. Yeah, but it's only notified for ZBA hearings and for

[39:12] planning board hearings. We do not notify a bunch of building programs. Right. Correct. So

[39:17] planning board. We never got notice. We didn't get this only board ones because it's been corrected

[39:23] now I guess, but we never got a planning board meeting that said they were getting ready to build 34

[39:28] you wouldn't know. We wouldn't.

[39:34] Wouldn't that be a good idea to not buy for the building?

[39:38] There's going to be a planning board meeting.

[39:39] For the building permit?

[39:41] Not a building permit, sir.

[39:43] For adjacent development?

[39:44] Yes.

[39:45] Oh, yeah, you would have been.

[39:46] We never were notified.

[39:48] Well, that was probably approved years ago.

[39:52] But they made changes to the building.

[39:55] They came to us to extend the bill.

[39:59] They only had a year to build.

[40:00] They came to us to sign off on a five-year extension

[40:04] so they could get it done.

[40:06] So I'm just saying the process has been.

[40:08] So did you guys sign off?

[40:10] We did.

[40:11] Giving them the opportunity to finish the project.

[40:14] That's always signed off on.

[40:15] We didn't sign off on extra height or anything like that.

[40:18] Right.

[40:19] But so you knew the development was going to be after the fact?

[40:23] Yes.

[40:24] Yes, after they came to us, after the planning board meeting had already happened.

[40:29] Right.

[40:30] And said they want an extension.

[40:32] Yes.

[40:33] Yes.

[40:33] Okay.

[40:34] But they hadn't been built yet.

[40:35] They hadn't been built yet.

[40:37] So you knew they were coming.

[40:39] Yeah.

[40:39] Of course.

[40:39] Yeah.

[40:40] Yeah.

[40:41] So the pictures in front of you are French inburg's architects.

[40:50] that I'm right behind there and those pictures are what we were told it was

[40:58] going to look like. What the shrubbery and the trees would be. That would be the

[41:06] buffer. The picture in color is tonight. There's not a darn thing left. There

[41:15] Their previous project manager came in and they just clear-cutted all the trees.

[41:20] So there's no buffer between me and the guy right behind me.

[41:24] There's six units up on the circle and there's 16 buildings of two each behind there.

[41:33] Five and a half, six feet makes a big difference when you're looking out at that.

[41:40] We were trying to keep it as buffered as possible and now we find out which I

[41:46] commend you for at least finding it out at some point that they went almost

[41:54] six feet higher than they should have. Do you know if it's really not our

[42:00] I'm just trying to be curious and helpful. Do you know if the buffered zone was

[42:05] required that be maintained? I don't know. I don't know. We were told by

[42:13] 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.

[42:22] 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.

[42:32] 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.

[42:40] 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.

[42:49] When you go up there and look,

[42:53] I think you can be shocked at what they're trying to sell up there.

[42:56] Drive around the Green Road Circle, I mean.

[42:59] Go around the whole thing. Go around Green Road Circle and then Summit Circle.

[43:02] And look at those houses that are overlooking the ones behind there. It's unbelievable.

[43:08] You can flush the toilet for the guy right behind you from your balcony.

[43:15] So what I think should happen, obviously they're not going to tear them down.

[43:22] I have a question.

[43:23] When somebody comes for a subdivision, does the town go, okay, yeah, we're going to do

[43:29] the subdivision.

[43:30] But we want you to do this, fix the sidewalk, do this.

[43:34] Is that is that ever part of the quid pro on on improving a subdivision?

[43:42] So I can't speak for the plan board and I don't staff plan board. They're the ones that review

[43:47] subdivision they have their standards. Sometimes the developers will ask for a waiver from particular

[43:53] standard except the plan board to decide what not to correct that waiver. And then the plan board

[43:59] does set conditions of approval that the developers have to meet. That's done on a case-by-case basis.

[44:06] In terms of the buffer zone and all that, we do have a third-party engineer that goes out

[44:15] and inspects the development to make sure that what they built was what they proposed that one

[44:21] going to be built. So in terms of the buffer, when our engineer goes out to sign off on the

[44:28] green road development, they will be looking to see if that buffer was on the plan, they'll

[44:35] look to make sure that that buffer is there. And if it's not there, they will make timber plan one.

[44:39] Well, that email was titled Final Buffer Zone, that first one to us. So it's not what happened.

[44:52] some of the issues we've been having up there and I know this is through the

[44:56] state sometimes is the water pressure I've talked to the

[45:00] The town water department, I'm getting 37 psi in barely shower.

[45:07] 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

[45:29] you got an inferior product and you know it's an issue. Water pressure is an issue.

[45:39] Look, what I would like to see happen is have Chinburg fix some of the things that are

[45:46] now wrong. I don't know what can be done about the water pressure, but it's terrible.

[45:52] The trucks, the first turn into green road, they've really damaged the road there.

[45:59] When

[46:00] 35-30 feet into the top of our road there. You don't know right where you're coming in.

[46:04] The truck's coming there every single day.

[46:08] The front sidewalk, as you go beyond that,

[46:12] has always been a mess there. Maybe they should fix the sidewalk. You know, they could

[46:16] pave the sidewalk, they could take care of it. They've paved some of the sidewalk out by some

[46:20] in circle. Fixed the rest of it. I think there's one unit, number 43. It's part of the six

[46:29] single families at the top it's not bill yet the foundations in they started

[46:34] framing it should be capped at 35 feet it's right behind my house I don't think

[46:40] you should allow that to be built to 43 feet or 42 or 41 could be 35 feet that's

[46:45] what the ordinance is that's my number one that's the last one that has to be

[46:51] bill. No, no, no, you're talking about on so much surface. Okay, lot 43. I don't think

[46:59] it should be allowed to be built. So hiring how many more have to be are. It's two. So for the

[47:05] duplex, the duplex is the ones that they're going for the equitable labor. Yeah. They just

[47:12] poured the footings for the last duplex.

[47:18] We're not seeking variance for height up top.

[47:23] It's

[47:23] 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

[47:30] One can be held to 35 p

[47:35] 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

[47:48] There you go. Well, the premise has already been issued for that one.

[47:52] I'm sorry. What height? At 40 feet.

[47:54] I think that I'm a service that doesn't understand the subdivision.

[47:57] So there's 16 duplexes down below that we're seeking the equitable way before because they've been built.

[48:03] So

[48:06] there's additional six single-family condos of top size that we're not talking about.

[48:11] We're not talking about those, no sir. They will be, we're not seeking variance.

[48:15] So there's one more to be built.

[48:18] 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?

[48:33] So, but you could build that one at 35.

[48:36] Well, I think the building permit and the PD's...

[48:47] So anyway, that's obviously they're not going to tear them down, but the process has been not good.

[48:54] The, you know, it seemed like Chimburg just kind of goes in and just does what he wants.

[49:04] They come to us and say, hey, you know, we have meetings, but then they just go and do whatever they wanted to do.

[49:11] That's not right. It's not right to come in and ask after with the fact.

[49:14] They say, hey, you know, whoops, I went six feet over. So, anyway, obviously they're not going to be torn down.

[49:23] but I think we should be compensated somehow for what's happened and what we

[49:32] have to now live with which is looking out the window to a roof and a window that

[49:37] six feet higher than it should be when we're already trying to buffer it's so

[49:44] it's so comical it's not even funny we have all these meetings about buffering

[49:48] and trees and don't take these trees and they had all the trees flagged and then

[49:53] they came and wiped all the trees out and now they're replanting trees that are 68 feet tall

[49:59] that don't do anything for a buffer.

[50:03] It's it's going to a terrible process

[50:08] process and

[50:09] anyone have any questions.

[50:13] I just like to make one out of common. I just don't understand

[50:17] how such a big project can happen with a you know a board can let that and every one of those is

[50:28] that much higher than what it's supposed to be.

[50:31] But we didn't let it go.

[50:33] Nobody caught it.

[50:33] We didn't let it go through.

[50:35] Well, how did it get built?

[50:37] They're all built.

[50:37] How come they're all built?

[50:39] And now they come for the variance.

[50:41] They didn't come when they first built the first one.

[50:45] So they could get approval.

[50:47] Like that fella did before he built the building.

[50:50] They're coming now after they're all built.

[50:53] And they know that you're not going to tear them down.

[50:58] That's just not correct.

[51:00] I understand you're pretty good.

[51:01] You know, that's wrong, that's definitely wrong.

[51:05] And that should have been caught, you know, and I think they should be fine or something.

[51:12] I don't know.

[51:14] We don't have that.

[51:14] Well, something should be done, because it's not, it's not correct.

[51:19] And we're really upset about it, I'm a boy, and every one of us that lived there.

[51:25] That they can get away with it.

[51:26] We've understood what you said.

[51:28] I mean, it's just not right.

[51:31] You have to do a better job of approving these things.

[51:57] I'm Tiger Grant.

[51:58] I do live on one of those houses that

[52:00] are out of compliance at the moment.

[52:04] Just want to say, it sounds like most people have said,

[52:07] we don't want to tear them down.

[52:08] I just wanted to echo that.

[52:09] I just recently got married.

[52:12] I've been living in the house for a little over a year,

[52:15] trying to start a family and it would just be dramatically impactful if we had

[52:20] to try to take the roof down or rebuild so I do feel bad for sounds like

[52:27] with that buffer zone that was not built correctly I understand looking out at

[52:32] the roofs that are higher it sounds like you prefer to be looking out at the trees

[52:35] so I agree that something should be done there to increase the buffer but

[52:40] Can you just please address the board?

[52:42] Oh, excuse me. Sorry.

[52:44] Yeah.

[52:46] But that's really all I had to say there.

[52:49] Thanks.

[53:01] Good evening, board.

[53:02] Joe Montague, 28 Green Road.

[53:04] Just want to echo everything my neighbor Tyler said as well.

[53:07] I think it would be a massive burden on us if it came down to tearing down the buildings

[53:12] or making modifications, both expense wise, that would be passed along to us

[53:16] or HOA or some other organization involved in this.

[53:22] Again, to reiterate everything, if whatever happens with Chimburg, that's between you all,

[53:27] but we kindly just requested whatever the decision is, it doesn't involve modifying the buildings.

[53:34] That's it.

[53:44] I'm not sure we can make a decision tonight.

[53:46] Mr. Chair, we could close the public discussion and then discuss it among ourselves.

[54:01] We shouldn't make a decision.

[54:03] I'm not equipped to, I need to put some things inside in, there's a lot of things going on here.

[54:12] I'd just like to make one comment.

[54:14] We're not in favor of tearing down the buildings or anything.

[54:19] We're not looking to do that.

[54:21] We're just upset in the process that these buildings could have been built without anybody checking the height up.

[54:28] somebody must physically check these buildings, inspect them when they do

[54:34] occupancy permits or whatever? I think what you should do is well it's

[54:44] it's

[54:45] not this board's fault that what happened and I don't I'm not so sure where it is

[54:53] we've had multiple doing the investigation of how that happened and I think you

[54:58] We have to take that up with other people, other than us.

[55:02] I think you guys could do something to find out.

[55:05] Sir, we don't have a permit authority.

[55:08] You know that better.

[55:09] I'll tell you.

[55:10] We understand what your concerns are.

[55:12] We hear you.

[55:13] We are a board of limited statutory authority.

[55:17] That's what he's trying to point in some other directions.

[55:20] Can I stand?

[55:21] And I hear a list of different things that you have.

[55:26] We have nothing to do with water pressure.

[55:29] I understand that, but we don't have anything,

[55:33] and we can't.

[55:34] That's why I say I think we've got to discuss this.

[55:38] Somebody else has got to give us some guidance.

[55:41] Oh, that's a good example of that.

[55:42] Sir, Mr. Chairman, this is Mr. Chairman.

[55:44] It's both, he's repeating himself.

[55:46] Well, let him speak.

[55:55] You've got to take that up, and we have

[55:58] to take it up with somebody else.

[56:05] So besides approving or disapproving this motion or whatever you guys call it, is there

[56:13] any other thing that you as a board can do?

[56:16] No.

[56:17] It's just a proof or disapproving.

[56:18] There it is.

[56:20] I can't continue it.

[56:22] But it's not within our...

[56:25] Yes, we have an option.

[56:27] Well, we can continue, I suppose, but we don't have any authority.

[56:33] Yeah, what are we going to do?

[56:34] What are we going to do?

[56:35] No, not us.

[56:36] Then they go back to the drawing board and figure out maybe some solution.

[56:39] That wasn't his question.

[56:41] His question was beyond, have we bored on what it can do?

[56:47] Right.

[56:47] It also seems like a proof of the, what's in front of us?

[56:53] Right.

[56:53] Yeah.

[56:54] Right.

[56:55] It also seems like I understand what Charlie's saying that I guess he's asking for a little

[57:03] bit of help from this board.

[57:07] Obviously it's a town to go to the planning board and say listen, you know, this was a

[57:14] mess.

[57:15] You know, I mean, why is it on us as a residence to now go tackle back to the planning board

[57:21] and deal with it. Why can't there be some from people on this board to go and say,

[57:29] hey, look, we need to look at this. I mean, your next course of action, well, I know

[57:37] what the next course of action is. Okay,

[57:44] thank you.

[57:53] The board not make a decision tonight

[57:56] and give us time to talk to council and see where you go to that, yeah, that I'm in favor.

[58:08] What do we do, we table this for?

[58:11] We're close upon the public hearing first.

[58:14] Oh, we

[58:17] have a public hearing.

[58:20] We opened it.

[58:21] Okay.

[58:22] Then I close it.

[58:27] Your

[58:30] absence right now is here to make a motion or to continue this, too, it needs specific.

[58:35] That's what I think we should do. Do I have a motion to that?

[58:38] 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.

[58:49] 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.

[59:03] within the R2's own industry.

[59:06] Okay, two seconds.

[59:08] Is that a motion I didn't understand what he said?

[59:10] Is that a motion to continue?

[59:11] Yes, to continue.

[59:12] To what date?

[59:14] He did not specify.

[59:15] We need to specify a date.

[59:17] I said maybe our next meeting.

[59:19] So I would recommend February 12th.

[59:27] Second.

[59:28] Yeah.

[59:28] Okay.

[59:29] All in favor of continuing.

[59:31] Does February 12th?

[59:33] Hi.

[59:34] Hi.

[59:37] For the record.

[59:40] You're staying.

[59:47] Say, day 12.

[59:49] February 12th?

[59:50] February 12th?

[59:50] Will they be noticed again?

[59:52] They will have to be noticed again, because we continue to do it to a day specific.

[59:56] Okay.

[59:57] So, this will happen.

[1:00:00] Again, on February 12th, if we, yes, Dave, we'll have to bring it to the powers that be in

[1:00:10] between.

[1:00:17] So maybe we'll have some answers. Maybe we won't.

[1:00:22] Sorry, we can't make these decisions. Yeah, I learned a little something today. Thank you.

[1:00:39] Everybody get out of here first.

[1:00:45] Thank you all. Good luck. Yeah, thank you.

[1:00:54] All right. New old business.

[1:00:55] This is

[1:01:06] a place where you can tell where that kitchen bed line is, that I set up, so I'm

[1:01:12] going to show you a month of meetings on the second Monday of the month.

[1:01:19] So last week?

[1:01:20] Last week.

[1:01:20] That's very bad thing to do.

[1:01:23] Oh, look at that.

[1:01:25] Double-sided clinic.

[1:01:27] Hey!

[1:01:28] So I'm going to put it on the weekend, 16.

[1:01:33] so basically all I'm looking for tonight is just a vote to solidify this calendar. I make

[1:01:44] a motion to solidify this calendar. Second. All in favor? Aye. Opposed? A great idea by the way.

[1:01:53] I think it will help everybody.

[1:01:59] What's it?

[1:02:01] Make a motion to adjourn.

[1:02:03] Sexist.

[1:02:04] Hi.

[1:02:05] Hi.

[1:02:07] Go to bed.

[1:02:11] We're off.

[1:02:12] Not yet.

[1:02:13] Not yet.

[1:02:14] Nope.

Newmarket Zoning Board of Adjustments Meeting - January 8th, 2024

Transcript