[This transcript was generated automatically from audio using AI and hasn't been reviewed by a person -- it can contain mistakes, including plausible-sounding sentences that were never actually said. Treat it as a starting point, not a verbatim record.]

[3:39] The pledge of allegiance, pledge of allegiance to the flag of the United States of Arizona, to the Republic for which it stands, one nation, on the God in the Middle East, for the liberty and justice for all.
[3:58] This meeting in the summer said, joining Board of Appeals, this means to help, pursuant to national march after 48, in the summer said, zoning bylaw.
[4:06] This meeting is being telecast live on SATV and the recordings available on SATV and also at YouTube.
[4:15] So, the format is, we'll read the application, we'll have the applicant come up, we'll
[4:20] represent, we'll come up, and present the application.
[4:23] The board will ask questions, and then once the board is done, ask questions, we'll open
[4:28] it to the public, and you'll be able to come up with any comments that you have either for
[4:33] or against it.
[4:34] The point you have to do though is you have to come up to the heath to the podium because
[4:40] of the television, and then when you come up just name and address, and when you want
[4:50] it, we'll follow a comment, okay, all right. So the first one, Benjamin Doyan, for
[4:56] 69 Senate Street, some of that, says his map, C3, a lot, 119. Fission for a variance on
[5:03] the section five of the summits that it's only by a lot from the minimum front and side
[5:06] the ad setback requirements to allow for proposed front porch and garage addition within the
[5:11] residential district.
[5:13] Is the petition okay if you could just explain to us what you wanted to do when.
[5:19] I'd want to extend my kitchen and add a garage to my house and also make an actual front porch instead of
[5:25] just a four foot by four foot landing.
[5:31] Okay how much will you leave for you asking for?
[5:34] off the road frontage whatever you're asking for, really
[5:44] I
[5:46] need 25 feet up front, right?
[5:51] So if you're asking for, what's it seven and a half?
[5:56] This is not 13 for the garage.
[6:02] Okay.
[6:03] Yeah, like 12.
[6:06] So you want to be 13 feet away. So that was the 7x 25. So you would just need 12 feet and a garage and then for the porch.
[6:16] The porch would be less than that. And like I would have 19 feet.
[6:21] Okay. So you just need 6 feet for the porch.
[6:25] Okay.
[6:28] Did you get the site set back for the garage?
[6:30] Yeah.
[6:33] So you need relief on the side also.
[6:35] Just in one corner. Yeah, it's I've eight four
[6:40] Look for the both corners. Oh six points seven. Oh, yep
[6:45] Right, isn't not eight feet for an attached garage and that zone the back is eight point
[6:52] Six two it looks like the front is six point
[6:57] seven
[6:57] That's the mine,
[7:02] that's some of the neighborhood.
[7:06] Yeah, so this isn't all of the neighborhood.
[7:07] Yeah, that was one of the impressions that you feed for an attached garage from.
[7:11] I don't believe this season.
[7:13] It's 15 feet.
[7:15] I thought that was detached.
[7:17] No.
[7:18] It's 15 feet.
[7:20] No, it's the same.
[7:27] But it's like it says in the olden neighborhood.
[8:26] So this garage is going to be attached to that falls under that, right? So the setback is 10 feet.
[8:47] So basically, the site setback is 10, because you're expanding the house.
[8:52] I need to attach my garage.
[8:54] Yeah, and the one corner, I guess I would need four and change.
[8:57] So you need both, because you have,
[9:00] yeah, you got to get a point four and you got to get two points down.
[9:02] So you just need to be free for both sides.
[9:05] And I mean, look at the plan.
[9:06] There's no one the way you can do this.
[9:08] No, yeah.
[9:09] Right, no.
[9:09] I think he satisfies the requirement that there was a practical difficulty
[9:13] relating to the shape of the lot.
[9:21] So we're kind of working on chartered territory
[9:24] because on July 1st, the state passed amendments to the chapter 48 in the budget field.
[9:33] So this is the first meeting that we've had with these changes.
[9:38] So in these changes it says,
[9:44] one of the practical difficulties relates to the so-conditioned shape,
[9:48] with the Far East, such a land of structure.
[9:49] So obviously the shape is a lot.
[9:51] It's going to cause this to be, so you have not to be able to meet the CPAC.
[9:57] Oh yeah, there's no way to meet the CPAC.
[9:59] Some put a garage there or anywhere.
[10:07] And then the next condition is whether the strict enforcement would impose a financial hardship
[10:15] on the app, on the app, on the app, on the health and the petition.
[10:20] Is there any financial hardship in the creative of this one out of the room?
[10:25] If you need to do this?
[10:26] I mean, I would like to have a garage, you know, there is no garage in my house at all.
[10:32] And it would also be expanding my kitchen, my kitchen's pretty small too.
[10:36] Then, whether the benefits, supply of the available petitions, it can be achieved by some other method feasible
[10:42] for the petitions, but there's no other method you can do this.
[10:46] No, the other side of the house is even tighter.
[10:50] And then, whether the practical, whether the practical difficulty was self-created,
[10:53] Well, you bought the file as the sheet, so.
[10:58] And the house is built in 1920?
[11:00] Okay.
[11:04] Any questions on this?
[11:06] No, no, no.
[11:09] Anyone here with any comments for our against?
[11:15] Okay.
[11:16] Seeing there's no comments or clothes in the floor?
[11:19] So I'm fine with the floor.
[11:21] Yeah, I'm making motion.
[11:22] I'll be able to do the application to the floor.
[11:25] Second.
[11:26] Then on Miranda.
[11:27] Steve Mosa.
[11:28] Steve Cadder.
[11:28] So it takes about a week to get the decision and then there's a 20-day appeal period, then after the appeal period, there's no appeal, then you file the decision and register your needs.
[11:41] I think you should be all set.
[11:42] Okay.
[11:43] Okay. Thank you.
[11:44] Good luck.
[11:47] Okay.
[11:57] Okay.
[11:58] Long Hill have, so I'm going to set a petition for a variance in the section five of the
[12:02] town of Somerset Zoning By-laws from the minimum lot area requirements to permit the
[12:07] piece.
[12:07] Now, in additional buildable lots within the residents of district.
[12:15] Good evening, Mr. Chairman, members of the board.
[12:18] My name is Bob McGurros.
[12:19] I address this four foxes away in Swansea Mass.
[12:21] I am the designer for Ms. Henson and with me tonight is Ms. Henson here in the audience,
[12:28] as well as Mr. Greg Dennis, who is the surveyor of the property.
[12:32] Mr. Chairman, if okay with you, we have a more updated plan.
[12:37] It should not be very much different than what you have before you right now.
[12:41] Would you accept it?
[12:42] Of the way you are showing the outline of the proposed structure in parcel number two.
[12:47] I could pass these.
[12:49] Please, thank you.
[12:54] We need a bit of this.
[13:12] Gentlemen, as you know, the current lot right now is approximately 11,550 square feet of my math.
[13:21] is correct. And my memory is on par. Our proposal is to subdivide a lot into two.
[13:30] Consisting of approximately 5,774 square feet on for about.
[13:38] Frontage is about 55 square feet. I'm sorry, 55 feet with a depth of 105 feet.
[13:48] Currently on the existing law, there is a single family dwelling.
[13:56] And we're proposing to do, excuse me, as to divide the law at the current of 11,000 square foot lot into two.
[14:03] So that Ms. Henson can construct a brand new single family home for herself.
[14:10] Our request before you today is a waiver of dimensional regulations or relief for both
[14:21] parcel number two, which contains the existing dwelling.
[14:24] The side yard set back there will be approximately 3.41 feet, both at the front corner of the
[14:33] lot and 3.47 feet at the rear corner of the lot.
[14:38] The front setback is like somewhere around 15 feet on there or abouts.
[14:46] The proposed new dwelling, we're looking for the mentional setback relief of side yards
[14:55] going from 15 to 10 feet on either side of the proposed structure.
[15:00] And 20 feet, along the front.
[15:06] My client's desire is due to her advancing gauge, is to construct
[15:12] a much smaller, more accessible home for herself, without having to go through an ADU process
[15:18] or things of that nature. And then be able to sell off the existing home for financial
[15:27] financial reasons to support the new project. Overall,
[15:34] it's an our opinion that the request
[15:38] kind of is fitting with the neighborhood and I can share this with you. We've taken an
[15:45] aerial photograph of the neighborhood and we can see that the homes in the area are pretty dense,
[15:53] densely packed. So we feel that the request really isn't much of a detriment in the context.
[16:03] Of the neighborhood we feel it will be fitting. The current law is, you know, somewhat probably
[16:09] consider it rather oversized for the existing neighborhood. So we feel that this is a, you know,
[16:15] and outrageous requests, but nonetheless, the process is to come before the board and seek
[16:23] an opinion and or concerns from the board, so we could dress them up like that.
[16:29] So one thing you really for life too also,
[16:37] because you're not going to create this life,
[16:39] because you're making it, you're not going to make it, you're making it, you're making
[16:42] a preexisting, non-conforming, but more non-conforming.
[16:54] Because I mean, you wouldn't have to set the X here, you don't have the area, you know, the fog, maybe we can see it, that legislation passes, they would have two conforming lines.
[17:13] Yeah, that hasn't passed.
[17:14] It's at the end of the ballot, you know, remember?
[17:28] So,
[17:32] the lots that these lots of basically 57-75, right, the proposed lots, right, correct.
[17:42] So, the other lots that are showing on this plane, the only area is that they're all similar.
[17:49] Yeah, I think they're all similar.
[17:50] If you look at the lots that's immediately behind parcel number two, the proportions of that
[17:57] I'm not a real identical.
[18:01] Right?
[18:01] A lot of the shits.
[18:03] I'll get right on top of it.
[18:04] Right on, I'm running.
[18:06] So yeah, yeah, it's not.
[18:10] I'm not going to make much of the difference in the neighbourhood.
[18:12] It's an over neighbourhood.
[18:13] This is awful, so.
[18:16] And if you generally would like up more than happy to give you this aerial photo,
[18:21] if you'd like to take a look at this, also.
[18:24] How are people doing here?
[18:27] Now we have familiar with the neighbourhood here.
[18:29] Just to give you the context of the, this is the, this is the, this is the mark. Right.
[18:36] That's a question. Oh, so move this over.
[18:41] So you're looking, so you're going to, these
[18:44] Scratches that are on, what's going to be the created lot. There's going to be removed.
[18:49] And you're looking to build a house.
[18:59] But I feed her big aim.
[19:02] Yeah.
[19:02] We've got nothing.
[19:04] We climb him up like in our summer day.
[19:07] But then that will be the increase of the five feet.
[19:09] Yeah, he can move this one.
[19:10] Yeah.
[19:11] One increase of three point.
[19:13] Whatever it is to five point.
[19:18] So this is the biggest machine of all this stuff.
[19:21] And change.
[19:23] I'll make it.
[19:24] I'll make it further away.
[19:26] Because even if that was happening, it's got to be 50 feet.
[19:29] This is going to have to come up with reasonable setbacks, the way it's written.
[19:34] Okay, so that would, to me that would not have even been left out.
[19:38] It's like that.
[19:39] There's no just light over piping.
[19:45] But then you're going to have a five foot stuff back here.
[19:49] It's just 10.
[19:50] Can move this five.
[19:52] That's five.
[19:53] So you got eight with that, but you only got five with this.
[19:56] Yeah, I'm not looking at the house.
[19:58] I'm looking at the lot.
[20:00] You're right.
[20:00] I'm not looking at the house.
[20:02] Yeah, yeah.
[20:04] Good.
[20:05] Good.
[20:05] Good.
[20:06] Just more this way.
[20:08] Maybe make it.
[20:09] And he puts himself down.
[20:12] So how does this apply?
[20:13] How does this new thing apply to this?
[20:17] It's for me.
[20:18] We went through this.
[20:24] They can, they can discuss financial hardship.
[20:27] They can also discuss the fact that they're,
[20:30] it's, it's in the interest of supporting the production of housing.
[20:32] It'd be creating another housing unit.
[20:35] That's what you have to look at.
[20:38] You're not changing anything.
[20:44] Yeah.
[20:44] Yeah.
[20:46] Very congested.
[20:48] This is it.
[20:49] The circle block.
[20:51] Yeah.
[20:51] Circle block.
[20:52] Then if you look at the whole neighborhood, they're all on top of each other.
[20:57] They're all on top of each other.
[20:57] They're all on top of each other.
[20:58] Yeah.
[21:02] You don't shoot quite the lots at the same time.
[21:05] They're different times.
[21:07] There won't conteger slot, right now, the intent is to subdivide the existing 11,000 square
[21:15] foot, or more or less, not into the two losses.
[21:20] So this one here was a protecting one.
[21:23] I mean, some of those are around, let's see, that's the lots of record, if you had a, you already
[21:28] had like a pay up, this is a double common ownership, that's what that provision deals with.
[21:37] There's always been a provision, we used to call them orphaned lots, or lots of record,
[21:42] where a lot was not held in common ownership with any adjoining lot had at least 50 feet
[21:46] of frontage and 5000 square feet.
[21:49] That's always been on the books, but you always had to be able to prove to the building
[21:52] inspector that it was not ever held in common ownership of the adjoining lot.
[21:57] The, the, the matter that's on the ballot in November is a lot
[22:02] Looser if you have a lot that's 5,000 square feet whether it's been
[22:08] In held in counter ownership or not, but in a joining lot you're gonna be able to build a single family residence on it
[22:16] That's on the ballot. That's what's on the ballot
[22:27] My only question about this is
[22:30] That three and a half week that's going to stay with you existing on 3.4 feet.
[22:35] I don't think it's enough to go with that existing house because you can't even put a lot of up on that side of the house if you need to maintain it.
[22:43] So, for me, I think that a lot of lines should be, you know, maybe if they split it in half and it's six and a half feet, I need a side approximately.
[22:51] I was thinking, I was thinking of making the new set of 55, make it 50.
[22:57] And then the last five feet.
[22:58] And the last five feet to the old one.
[23:00] And the house will have to be just a little bit narrow.
[23:02] Yeah.
[23:05] And again, you could also shift the house this way.
[23:09] That's right.
[23:09] You could end up with more of an equidistant side yard for the new house.
[23:20] There you say and shift it like to this way.
[23:22] What we're trying to do is we're trying to get more and more of a side line for the existing house.
[23:30] So if you took the 55 foot, the width of the lot, you're going to go with five feet.
[23:38] Because you're going to have, like you said, the front edge is still bigger.
[23:41] It still has the front edge. Even if they pass that line, it's still having the front edge.
[23:45] It'll have the area, because it'll have at least 5,000 feet.
[23:53] But I knew I wanted to get a difference of the food that came out.
[24:00] But I thought I was moving, I'd like to see that little thing kind of like, like,
[24:04] I'm the answer.
[24:06] So before these changes, this would never get approved.
[24:09] I would never've opened this, I'd be answering right now.
[24:12] But with these changes, now I'll create this gray area with, like, what are we doing?
[24:17] Because this is green, housing, you know, does that satisfy the new requirement?
[24:22] It's going to cause a financial hardship because they're not going to be able to build this house.
[24:27] So, because the fact that they can't build the house and it's a financial hardship, you stated before that
[24:33] you wanted to sell the existing house to finance the new house.
[24:42] And the fact that my clients advancing in age and she can't support living in the new house
[24:50] would just like to make a more convenient, I think that new are home.
[24:55] So under the new, under the new statute, it would qualify.
[24:58] It would qualify, right?
[24:59] Because this would be the proven, that they have a financial hardship.
[25:05] That's practical difficulty.
[25:08] The state's making all of these new rules up.
[25:10] It's not the power.
[25:12] Perfectly, perfectly understand the position.
[25:14] That the board is, that the board is in.
[25:17] And coming before you also, if the neighborhood was a much more sparser, you separated
[25:24] neighborhood, you know, I personally would feel that it would be a more difficult decision,
[25:30] but since this neighborhood is a more compact, more mature neighborhood, if you will, the
[25:37] proposed application before you really isn't out of the, I guess the, the contextual
[25:46] Well, if it wasn't for the states ruling, this would probably not pass under the current
[25:54] regulations.
[25:55] But because of the new ruling that are coming down, it's not much that we can do.
[26:09] So are you willing to move that five feet over, make the front ditch 50?
[26:14] Right now.
[26:15] So would I still have 10 feet on each side?
[26:18] I still have to have to have a narrow house.
[26:20] It would you would.
[26:22] And I mean that would be up to you.
[26:28] It's quite honestly.
[26:29] It's just like the Wild West.
[26:31] So you know, I mean, it's entirely up to you whether or not you want it.
[26:35] I mean, if you don't want to move it and you want it,
[26:39] the way the plan is, it sounds like you want the new house to have ten
[26:44] ten foot setback from both, both side property lines.
[26:48] So, right now the front edge or the lot with of the lot is 55 feet, right, subtracting the 20 foot side yard setbacks would give us a net of about 35 feet, right, to, you know, of a footprint to design a home within and that 35 feet is an easy number to work with.
[27:12] Um, you're right. We could probably narrow what up a little bit, but then we probably be expanding more towards the rear, which would cause
[27:19] Um, some difficulty because there is an existing shed that's back there and or we would go towards the front.
[27:27] To make up that square foot difference, which now would encroach further into the front yard set back.
[27:33] What are you going for? Is it back in front? No, a 20 feet 20.
[27:36] It's one of the proposed houses, one of the proposed houses.
[27:49] It could, it could.
[27:51] So the house could be, you know, just about, it'd be 34.
[27:56] So the,
[27:59] if we were to expand the side yard setback from the existing home,
[28:06] to what would the board consider were acceptable.
[28:10] To a five feet, five and a half feet.
[28:14] Personally, I'm good with five feet five, so five. So that's what I came up with
[28:22] I think along the front. So we would go from six to six. I mean, and it doesn't
[28:31] And then quite frankly.
[28:34] My friend with these new rules. It doesn't mean that.
[28:36] the bill for 354. Because if you came back for a variance to build the new house and that
[28:45] was that that's a hardship that's under this new, that's the state passes it in November
[28:56] then you don't even need to come here, right?
[29:03] Yeah I mean if you don't even need the state to
[29:06] That's the thing.
[29:08] Under this right here, you could go ahead and try to create a housing unit, so it's just
[29:14] trying to make it easier now if they did it in this budget build.
[29:18] Yeah, I don't think you need to.
[29:22] That's just my opinion.
[29:24] But if you want to, that's up to you.
[29:26] And I don't think if you did, make that a little bit wider, it's going to cause you a hardship
[29:30] in the future.
[29:32] Because I think basically I hand up pretty much time because we're reducing the 55 feet of
[29:42] proposed frontage on parcel number one, which is what will be the newly created loss to
[29:48] 52 feet.
[29:49] We'll give you a side yard setback from the existing home to the new proposed side property line
[29:59] Albert.
[30:00] Approximately 5.47 feet at the rear and 5.41 feet at the front.
[30:11] Would the side yard set back from the proposed dwelling to the relocated lot reduce to the e-feet be acceptable?
[30:24] Yeah,
[30:27] thank you.
[30:28] No, this is somebody wants to paint a house they can put a ladder up there.
[30:33] Yeah.
[30:33] You're right.
[30:35] So the lot would be 50.
[30:37] So the positive one would be 53C wide.
[30:40] Positive two would be 57.
[30:44] Right.
[30:45] Positive one would be 53.
[30:47] Positive two would be 57.
[30:49] Approximately.
[30:50] Yes.
[30:52] Yes.
[31:02] Right, so you're asking if you went five feet from the existing dwelling.
[31:09] Correct.
[31:11] You would go two feet further from where is currently ten feet from the side you
[31:17] that back of law 44, correct?
[31:19] Is that what you're asking us?
[31:21] No, no, no, what we're opposing now.
[31:26] This discussion is front, the property line, a 55 feet,
[31:33] for parcel number one, is reduced to 53 feet, correct?
[31:39] That will increase the side yard set back from the existing dwelling
[31:44] to the newly created property line, to 5.47 feet at the rear,
[31:51] 5.41 feet at the front, for the existing.
[31:56] Parts on number one, we would have 8 foot set back from the 10 to the 8.
[32:02] That's what I was asking.
[32:06] So the proposed welding would go 2 feet over at
[32:23] the end of the day.
[32:24] The distance between the existing and the proposed home would literally be the same.
[32:32] It's just the location of the property line.
[32:35] That would change.
[32:37] Correct.
[32:39] Correct.
[32:41] The right.
[32:43] The property line is going to move over.
[32:47] Which would then give the existing dwelling a little more space between the property line.
[32:53] and then there is existing now.
[32:55] That is correct.
[32:56] And then the proposed dwelling would go,
[32:58] would be blown out two feet from the top.
[33:01] Correct.
[33:02] Decrease it's an A correct.
[33:04] So it gives us a proposed footprint
[33:06] for the new dwelling.
[33:10] Yes, it will be tied around one side.
[33:13] It'll go from 10 to 8.
[33:14] The opposite side will remain 10 feet.
[33:17] Front will remain 20 feet.
[33:18] And the back will stay at 32 feet.
[33:21] That is correct.
[33:29] It's 35 feet of course, it's not changing.
[33:33] Yeah, they can come.
[33:34] I mean, there's nothing on the road.
[33:37] Excuse me, would you like to speak to somebody?
[33:40] I don't know which one is there, but no one's not in the name of that.
[33:43] I hear the type.
[33:45] I hear the type.
[33:45] I hear the type.
[33:47] Yeah.
[33:50] Okay.
[33:51] Any other questions on that?
[33:53] Any other questions?
[33:55] Okay anyone here want to comment for or against
[34:01] you just have to come up
[34:12] to the police
[34:12] Do you think make the prayer I live on the a lot adjacent 193 long hill
[34:17] So I'm objecting to this
[34:20] Adieu or where is your lot because we don't have address
[34:24] We just now do you mind if I look at that? I don't have no, no, yeah, please
[34:32] proposed that this is the existing a lot of right here
[34:36] you're right here so he's looking for a lot of 44
[34:46] so yeah I'm objecting to this after just hearing the proposal here
[34:52] the argument made is that the houses are not not are all on top of each other so let's just throw
[34:56] another house on top of each other I don't think that's a very
[34:59] reasonable excuse to just start throwing houses at what this house a year ago
[35:03] The main reason why I purchased this house is to start a family in the law itself.
[35:09] My driveway is actually adjacent to that property line, so leaving my driveway of a day,
[35:15] essentially with these new stipulations and proposals being made, it's going to be essentially a trailer.
[35:19] I don't see any other trailers built in the neighborhood.
[35:23] I don't think anyone else in the neighborhood, we really want to especially meet going out in my driveway,
[35:27] leaving my garage and seeing a trailer in front of my residents.
[35:31] Why are you saying it's going to be a trailer?
[35:32] just based on the stipulations and size you're saying 35 feet 10 feet
[35:36] property side and each side of the house is going to be 35 feet wide right 35 feet
[35:41] wide is more or less not as wide as a standardized house based on I don't even know
[35:47] my house was 35 feet
[35:48] I would be absolutely I would be I would be okay 35 feet what I know that regardless
[35:53] of the measurements if that's what the case may be and I know that I heard
[35:57] financial hardships being mentioned I looked it up the house was purchased in
[36:00] $2,000 for $160,000.
[36:03] I don't know how much of financial hardship could be.
[36:06] It's now 26 years since purchased state, and I know that that house is actually a two-family
[36:11] residence, so there is a second income coming into that house.
[36:15] So when it comes to the financial things, and I know there was another thing mentioned
[36:18] of like her elderly age, I know that she lives in Florida as well.
[36:22] She goes to Florida for the summer, for the winter, she drives out to Florida, she plays
[36:26] pickle ball, she's constantly outside cutting her grass, I just don't want there to be
[36:30] If a side being proposed and without the truth being heard, that's all I'm here for.
[36:35] Just a problem that we're having, these new rules are not from the town of Somerset.
[36:41] We're in a sense.
[36:41] It's a state of mental health.
[36:43] Absolutely.
[36:43] And the ruling coming up is 50 foot frontage, a hundred feet deep.
[36:48] You can put a house on the wall, if you don't want that, if you don't want that, if you don't want that,
[36:53] that's right.
[36:55] Exactly.
[36:55] But right now, we gotta go by what the state has approved.
[37:00] Right, and that's why I'm up here because I'm just expressing my opinion based off the things that I've heard that was constantly being emphasized and reiterated to everyone is those three things financial hardship, age and whatnot.
[37:14] I'm just here to just basically underlay the truth because I don't, again, I'm just trying to be heard as the adjacent property.
[37:22] If it was up to me, I wouldn't want the property there.
[37:25] Again, I live right there, and something like that,
[37:28] I wouldn't want to walk out to a house being...
[37:30] And especially because I have a garage, I have a detached garage, about 1100 square feet. And there's already an existing shed there, too. So it's just going to be all cluttered and whatnot. And if that's the case, I'll just sell the house like yesterday. Essentially, I don't want to be, again, just with the excuse of this houses on top of each other's building other house. That's just kind of insane.
[37:51] Now, after pertaining to these new rules that have already been passed, what does it specify
[37:58] in these new rules about the lot sizes?
[38:05] It doesn't.
[38:06] It doesn't.
[38:07] It doesn't.
[38:09] It wasn't part of the rule, so it's a 7500 square foot, was it was changed up up?
[38:16] Was it there with 7,500 square foot with 7,5 feet of water?
[38:20] No, that in the acts of 2024, the governor pushed through the ability to build on up to three
[38:31] lots, side by side by side, if they each had 7,500 square feet, 75 feet of frontage.
[38:40] But that was, that was, two, two, two legislative sessions there go.
[38:46] That was the one that brought in the ADUs.
[38:48] Yeah.
[38:48] That was approved.
[39:02] Looking at this.
[39:03] Everyone keeps talking about this new law that the state is put in,
[39:08] concerning practical difficulty.
[39:13] If you read this thoroughly,
[39:15] and I may be off base here, you can come correct me if I'm wrong,
[39:18] Councillor. It says, the permit granting authorities specifically finds the strict enforcement
[39:26] of the ordinance, or by law, we result in practical difficulty. Then it goes on to say,
[39:32] permit granting authorities shall weigh the benefits to the appellant of petitioner and to
[39:37] public interest, including the interest in supporting the production of housing against
[39:41] government to public safety, public health safety and welfare of the neighborhood.
[39:47] It's a balancing test.
[39:50] So we just can't sit up here and blatantly say it falls on the practical difficulty.
[39:56] We have to weigh what's best for the neighborhood and the petition is request.
[40:04] Right.
[40:05] So unless I, you know, I don't know if there were more people there out here speaking for
[40:10] against it. But the balancing act, I mean, I'm not just going to say, okay, you can do this
[40:17] because of the new practical difficulty.
[40:21] Because, in my opinion, we have to weigh the
[40:24] public interest and welfare of the neighborhood. That's what it says in this statement.
[40:30] You read it correctly, right? Yeah, that's correct. So, strict enforcement of the ordinance
[40:36] of Bala would result in a practical difficulty and in making its determination, you have to
[40:42] weigh the benefits to the appellant. This is the public interest, including the interest
[40:47] in supporting the production of housing against the detriment to the public health safety
[40:52] and welfare. So balancing Act 51 percent, 49 percent, that's the scale.
[41:03] It's not the
[41:06] in adding a housing unit versus whether it's going to be detrimental to the neighborhood in either public health safety or welfare.
[41:16] Correct. And when I look at that map or the picture that I'll take in the aerial map of the neighborhood,
[41:26] and then I look at what we've presented with by the wonderful state of Massachusetts.
[41:31] It's, I kind of have to,
[41:39] I mean, I'm listening to both sides and this gentleman in my opinion,
[41:45] it's only me speaking, kind of makes a little sense to me because when we look at that
[41:51] aerial map and we say that all the houses are densely populated, that's true.
[41:58] But do we want to increase that by adding another dwelling to the neighborhood?
[42:03] That's a legitimate question, right?
[42:05] Do we want to do that?
[42:09] And he brings up some good points.
[42:11] I'm not saying that, I'm swayed one way or the other yet.
[42:15] I'm just taking in all the information.
[42:18] But I think it's not a good practice for us to look at our aerial map and say that just
[42:27] because this neighborhood is densely populated.
[42:30] And we have this head before us.
[42:32] we have to read what it actually says and do the balancing act and do we really want to
[42:37] add another congested building to already congest the neighborhood. That's what I'm thinking
[42:44] right now. I don't know how my board members feel but that's how I'm thinking right now after
[42:48] hearing this gentleman come up to the microphone. So that's why we listen to both sides of the
[42:53] proposed petition. I just wanted to clarify that for my board members because I've been hearing
[43:01] a lot of practical difficulty, practical difficulty,
[43:03] practical difficulty, practical difficulty.
[43:05] And I'm not going to beat a dead horse,
[43:07] but I said what I wanted to say,
[43:10] and I want to make my board members aware,
[43:12] but that it is a balancing act.
[43:14] We have to take a look at what we have the ability
[43:17] to approve and weigh that against
[43:21] where it's proposed to go.
[43:24] And that's all I wanted to add to that,
[43:27] because I don't like the whole practical difficulty
[43:30] being thrown around like it's a rubber stamp like we have to go ahead and do it because the state has
[43:35] said it's a practical difficulty. We as a local authority have to do that balancing act to make sure
[43:42] it's not a detriment to the neighborhood and I right now feel that I don't know if I'm comfortable
[43:49] adding another proposed building to an already congested and densely populated neighborhood.
[43:57] That's where I want to leave it.
[44:01] And actually, when looking at the lots,
[44:06] and the specific lots close by in the neighborhood,
[44:09] it's about 50, 50, where there's a lot of lots
[44:13] and lots that are about the same size.
[44:15] So it's not like 90% of it of all the small lots.
[44:21] I mean, there are a lot of lots of the original size
[44:25] a lot. It's a lot of similar ones on the plant.
[44:32] Great. To go further on that, you look at the lot that this gentleman lives in. It's
[44:37] almost the same size as the lot that the proposed dwelling is going to go. And if you look
[44:42] behind that, behind the residents of the proposed building that lot is similar to the lot, the
[44:48] two lots is the exist right now. So I just wanted to make that point to my colleagues that
[44:54] all remembers just to keep that in the back of your mouth because it's a balancing act
[44:59] then we...
[45:00] This is a little authority, you have to weigh the scales, and make a determination based on what we
[45:06] have presented to us. I don't think it's a good thing to say, practical, difficult, and then
[45:12] throw another line, highly densely populated area. That's just my call.
[45:17] So on this plan that it gave us, there's eight lots. There will be similar insights to the ones
[45:23] They're going to create and five lots of non-accluding the undivided lot that they came in.
[45:30] So I don't, this is just my opinion, that neighborhood, I don't think these new lots
[45:35] on a, on a character with the neighborhood, like frankly.
[45:40] Well, I mean, we didn't have these just new things, I don't know what they're doing,
[45:46] but we can sit in this for the answer.
[46:08] Mr. Chairman.
[46:09] This says, so this thing says, this is, this is,
[46:13] hand out you gave us with that yellow one right. So it says a permit granting authority may still consider whether the practical difficulty relates to soil condition and the light, but that is no longer the only factor of work and consider and such practical.
[46:27] So only effect to me in the question. Then it says that very in seek is no longer need to show that the force of the Bible would involve substantial hardship financial otherwise.
[46:38] Instead, they only need to show that strict enforcement would oppose the financial hardship.
[46:44] And the local permit granted are in what's considered, whether the applicant can otherwise achieve the benefits,
[46:49] or whether the practical difficulty in compliance with self-create.
[46:56] So, to me, this needs to be a conflict because they have stated it's a financial hardship.
[47:09] But the difficulty is self-created by trying to subdivide this line.
[47:15] All right?
[47:16] That's one way to look at it.
[47:17] Another way to look at it is somebody has a parcel of land and they build their house.
[47:25] I don't want to, maybe, write in the middle.
[47:27] And then later on, they want to break a piece off.
[47:30] And I think we'd have to say, well, you chose the location of your house.
[47:33] You created that hardship.
[47:35] That's another way to look at it.
[47:36] Right. So, can I ask a question? So, why don't you want to go to the ADU route?
[47:44] Because quite frankly, the ADU route,
[47:49] you know, will be a proof.
[47:52] I don't think anybody on this board can say that the ADU route would be denied.
[47:57] Now, if you go for the ADU, okay, and if this new or is passed in November,
[48:04] then you automatically can split that line.
[48:06] And I was just going to present to the Board, you know, seeing that there's some difficulty
[48:11] here, and I can kind of see that there are some cuts, not in that's a fairly constant
[48:14] nation, but there's a difficulty here with potential new legislation, and then an enforcement
[48:20] right, you know, to please the Board, what we could do is propose to table this application.
[48:27] Yeah, okay, that's fine.
[48:28] Yeah, a lot will revisit the Board, the matter needs, that way, you know, we're maybe looking
[48:35] we had a clean slate of regulations here.
[48:38] So do you want us to continue this to a future date?
[48:43] Yes.
[48:43] Can you set the sign?
[48:44] Can you set it?
[48:45] Right.
[48:45] That's a very significant extension.
[48:49] What do you want to do?
[48:51] I'm talking to people.
[48:52] I want to do that.
[48:54] I want to do that.
[48:54] I would say sometimes maybe.
[48:55] I would say sometimes maybe.
[48:57] I would say sometimes.
[48:57] I would say sometimes.
[48:59] I would say sometimes.
[48:59] I would say sometimes.
[48:59] But you know, the board meets every other, every other week or twice a month.
[49:03] I have another third, third, third, fourth, third, fourth, third, third, third. There we go, that'll be.
[49:10] That'll be fine, it'll be post-delection.
[49:16] That'll be after the election.
[49:20] There is a November.
[49:23] Then we can see where we are then.
[49:26] Maybe if that passes, that will be perhaps an easier decision.
[49:30] Yeah, anyone else who wants to speak for against this before we that we closed this issue and continue it. Yes, sir
[49:47] My name is Tom Chippendil and I live at 172 Long Hill, which is directly across the street
[49:52] One of my biggest concerns is there's also a two-family home right on the side of here now that just changed hands as far as 10 it's go
[50:01] We got five vehicles parking out on the street
[50:03] Now, in this sense, in Bill's next door, I know she can probably park an A.R.
[50:08] The house she's going to sell couldn't end up with four or five, six cars out there.
[50:13] I drove fire apparatus for years.
[50:16] There's days that trash truck can't get up the street and there's days, the dumps, bus
[50:20] can't get up the street.
[50:22] I want to see a lot of one get up that street to, you know, if something goes on like
[50:26] that.
[50:27] And I don't think it's going to work, you know, as far as the neighborhood getting packed
[50:32] impact, there's not even a curve on her side of the road.
[50:36] For my house, her tenants were already parking here, which is fine.
[50:40] But now, if somebody takes that house over and has one or two kids with a car on each floor,
[50:46] we're looking at not getting up that street with that fire out there or school buses.
[50:53] There's many days she's blowing the horn with that school bus out there.
[50:56] And all of this, Barbara has people coming and going to her house all the time, they just
[51:00] walk out there, bottom of the park against the sidewalk like they should and it's just creates
[51:05] a problem and it could be an emergency problem one day if there is a fire on our street or
[51:11] rescues got to get up there because as you guys know the engines go with the rescues now,
[51:16] they don't move up and down most streets with cars parked on both sides.
[51:20] I agree, I mean that's a difficult road to navigate right now.
[51:26] It's somebody's on both sides, that's not even trying to get out of our driveway some
[51:31] days because of the vehicles and what the future holds with the other part of her property
[51:36] and she gives it up, and I could be six, seven, eight cars out there.
[51:42] Okay.
[51:43] Good.
[51:45] Sir, can you name one more time?
[51:47] Oh, I'm chipping the hook.
[51:52] Okay, thank you.
[51:53] Thank you.
[51:53] Thank you, sir.
[51:54] Anyone else?
[51:58] Okay.
[51:58] So we'll continue this to November meeting with right now, I think it's going to be a third third, there's
[52:11] like
[52:12] The motion that we continue this to law next. No, November the next extension to answer
[52:17] Yeah, so we will need an extension so if we continue this to November 19
[52:25] we will probably need an extension
[52:27] into December
[52:30] Civil completed President state office, December 30, August 18th we only have 100 days, right? So December 30th, we needed to
[52:42] extension to December 31st, okay. That's right. Good. Good. Thank you very much. Thank you very much.
[52:47] Appreciate it one more time. I will make the motion that we continue this hearing to November 19th, 26.
[52:57] Second.
[52:59] Second.
[52:59] Steve Moverside.
[53:02] Steve Catara.
[53:02] You know.
[53:03] Okay.
[53:04] We just need to take a brief recess.
[56:27] Can't send the pollion for 300 re-street summitset.
[56:30] Fishing for a variance in the section 5, the town summitset zoning by-laws.
[56:34] On the minimum, a lot of area requirements permit the creation of an additional buildable lot within the residence of the district.
[56:40] It is me everyone.
[56:43] Just speak up a little bit.
[56:44] I can't hear you.
[56:46] Could it be everyone?
[56:48] Yeah.
[56:48] My name is Kansen Napoleon.
[56:50] I just bought the three family in 300 street and so on a set.
[56:55] The main goal was to be able to build something for myself.
[56:59] My three kids and the big light and the back of that property.
[57:07] Do you have a clue?
[57:08] This is like this.
[57:10] Do you have a clue?
[57:12] Help me get a server for that property.
[57:40] Yeah, so we have what we would need is, where do you want to divide this lot?
[57:49] It's basically the back part, the people families in the front of the property.
[57:56] These families here?
[57:58] Yes.
[57:58] This is the lot you want.
[58:00] Yeah.
[58:01] Go to George Street.
[58:02] So this line will front on George Street.
[58:04] Yes.
[58:05] Okay.
[58:06] Yes.
[58:06] Another make sure we had to raise a hundred right there.
[58:08] You know you were three families.
[58:13] I did some rough math that he cuts it this way.
[58:16] You're going to have approximately 15-5 here and you'll have 22-5 in the back.
[58:27] There's another hundred to defeat on George Street.
[58:29] So it says his head?
[58:32] So what's he here for?
[58:39] So the reason why you're here is this lot,
[58:43] the front-on-reed tree would not be at the end of the 20,000 square feet.
[58:47] So that, you're right, so the request here is to create this lot on a re-street, and a lot
[58:56] will be less than 20,000 square feet.
[58:58] Correct.
[58:59] Yeah, not a 30,000.
[59:01] Yeah, something.
[59:03] Yeah, it's like 38,700.
[59:04] Yeah, it's like 7,700 is missing.
[59:08] So what we would need is a plan that shows the subdivision from the, from the, of,
[59:14] from the surveyor so they would show what the new lot, the two new lots, what the
[59:22] end it would be on each one. Like I mean, right now we can roughly draw a line
[59:27] across like this but that may not be what you want to do. We don't want to
[59:32] tell you what to do. From the look of it, I think that's really the best thing to do.
[59:36] Yeah, I agree with that.
[59:40] But we would need a plan to just show this
[59:42] and some divided from the surveyor and then the plan to show the area of each lot.
[59:51] So like the other one, one lot was able to possibly, one was able to possibly, one was able to possible to.
[59:56] Okay. And then we would need that because...
[1:00:00] If you did that, and you would have the required front of John Joseph for one of the lines, you have the required front of John Joseph for one of the lines, you have the required front of John Joseph for the other lines.
[1:00:09] The only thing you would be sure of the area for the line that did.
[1:00:14] The other house is pre-existing, as far as setbacks.
[1:00:17] Yeah. And then he probably shows us show us the footprint of the new dwelling, to ensure that he could adhere to those setbacks.
[1:00:26] Yeah.
[1:00:27] So you would rough the surveying this way roughly.
[1:00:32] Like there would be some kind of dash line like this.
[1:00:34] There would be the setbacks that I would show the house inside the setback.
[1:00:39] And then that way it would just show the board that it's a bit of a view building.
[1:00:44] It's a bit of a view building.
[1:00:45] And as long as you're within that envelope because you've got to maintain this in 25 feet in the front,
[1:00:51] you've got 15 feet inside and the back.
[1:00:54] 15 in the back. So if you're if you're surveyor can put that on the plant then we know that you're going to comply with all of the setbacks
[1:01:02] Man, you will move like he'll comply with area
[1:01:07] But that's what we would mean, but I think that's a new one
[1:01:12] And you want to construct a house. Yes a single family for myself on the one that's on George and just
[1:01:17] No, I think I mean, I think that's doable. I do we just need a plan to show
[1:01:24] Like so, and then happens, it's like, it's very Frank said, just that the existing house on this
[1:01:29] laws, but, and the building has a lot on this law, and that way, which is, you know,
[1:01:34] they will know you won't be able to have the relief.
[1:01:37] Okay.
[1:01:37] What's the board?
[1:01:39] What's the deal with it?
[1:01:40] You're willing to grant this and have a condition contingent upon the surveyer submitting
[1:01:50] a plan to me with all of these indications on it?
[1:01:55] I don't know.
[1:01:57] No, I won't see it.
[1:01:58] I won't see it.
[1:02:00] I would like to see it up there.
[1:02:02] Yeah, I would like to see it up there.
[1:02:08] Just because, just because, like, right now,
[1:02:12] like, I agree with you, a hundred percent.
[1:02:14] This probably makes the most sense some line like this.
[1:02:17] But just to keep us empty now, tap and just, you know,
[1:02:20] and there's some other way that you're going to do this.
[1:02:23] And then I think that if we got the plans, I think that would be.
[1:02:28] I feel welcome.
[1:02:29] Yeah, me too.
[1:02:32] So we're going to continue this to both.
[1:02:35] We'll see if anybody's here.
[1:02:36] All right.
[1:02:37] Anything else you want to have?
[1:02:39] No.
[1:02:39] That's right.
[1:02:40] OK.
[1:02:41] Anyone here?
[1:02:42] How much for against this?
[1:02:45] I just like to see the plan.
[1:02:50] He's going to see the plan.
[1:02:51] I don't believe he has the frontage.
[1:02:53] Because he has the shed that's there.
[1:02:55] You just have to come up and go up to it.
[1:03:02] I can only tell you guys.
[1:03:04] I can only tell you this about the front edge according to this plan.
[1:03:09] He has the front edge.
[1:03:12] Yeah.
[1:03:14] Okay.
[1:03:15] Just to address your comment.
[1:03:17] According to this plan, he has the front edge.
[1:03:21] Even with the shadow.
[1:03:23] Yeah.
[1:03:23] Yeah, he has a front of the sound. Yeah, anyone else? Okay, there were motion taken here. I make a motion. Are we going to do this next month?
[1:03:34] Yes
[1:03:36] That should be ready. All right. Thank you. We make I make a motion to continue this until I next being I October 22nd
[1:03:45] So yeah, thank you. See you all the second. Oh, no, no, no, no, no, no, no, no, no, no. Okay, you think you meet that
[1:03:50] I might. Yes, definitely. I'm still Greg. I think is there on? I couldn't.
[1:03:55] Axon for help. Maybe that I'll do it here.
[1:03:58] No problem. We have time to state.
[1:04:01] We don't need extension. We've got plenty of time.
[1:04:03] Yeah, we have to.
[1:04:04] Okay, thank you. Thank you so much.
[1:04:16] Okay, next.
[1:04:19] Steven and Denise Shagman for 165 Vullustree.
[1:04:22] the Census map A-13-63.
[1:04:26] Fission for a variance on the section five of the town of Somerset,
[1:04:29] zoning by laws from the front and side,
[1:04:32] set back requirements to erect a 24 by 32 foot steel garage
[1:04:36] on the west side of the property within the residential district.
[1:04:39] This is thank you, Attorney Juan.
[1:04:44] This is the same thing.
[1:04:51] Good evening, Mr. Chairman.
[1:04:52] Members of the Board for the record attorney Thomas Kilon
[1:04:55] on behalf of the petitioners and property owners, Stephen and Denise Shagnan.
[1:04:59] The property at issue is 165 Butler Street.
[1:05:04] It is what I would consider a development that was one of the older ones in town.
[1:05:12] It has had a lot of multiple tiny lots.
[1:05:17] Their lot is a combination of four lots, kind of like these old subdivision plans where you
[1:05:22] get to choose kind of how many lots you'd like to buy.
[1:05:24] So their square footage just comes out there.
[1:05:26] Be 16,600 square feet.
[1:05:30] They do have adequate front-age, a long-bought-ler street.
[1:05:36] And they have an existing single-family home without a garage.
[1:05:40] What they're proposing to do is construct a steel frame garage
[1:05:43] on the property, as you can see, it's shown on the plan.
[1:05:46] Their property is a corner lot.
[1:05:49] So where it sits at, it's laid street.
[1:05:51] If this was a typical side yard, the 15 feet
[1:05:54] that they're showing it would comply because it's a corner lot, the 25-25 feet is required
[1:05:59] there.
[1:06:00] And then their rear yard setback is 13 feet with the requirement being 15 feet.
[1:06:07] But again, this is a house and lot that predates the existing zoning, this house was constructed
[1:06:14] in 1965 and going back to the towns, old bylaws, and I do have a little cheat sheet.
[1:06:22] we had one of our one of our old bylaws at the office.
[1:06:30] I thought that one of what that one was.
[1:06:35] But this was.
[1:06:35] It was pleased to have that.
[1:06:37] I thought that went away.
[1:06:39] Oh, they did superseded.
[1:06:42] But it's always a good idea to see what they were.
[1:06:45] So for housing.
[1:06:47] Right.
[1:06:47] So for houses built in 1963, what we're actually proposing
[1:06:52] would would comply from a rear yard set back stand point, obviously we're still dealing
[1:06:57] with the front yard issue under the current zoning being 25 feet because it's a corner
[1:07:04] lot.
[1:07:05] The property additional.
[1:07:06] The staff is certainly.
[1:07:10] I believe, maybe totally wrong, I believe, that in previous applications,
[1:07:20] the opinion
[1:07:21] was offered, that the front is where the house faces, you know, you want to walk right
[1:07:29] in the sides.
[1:07:32] This is not a front centback, it's a side setback. So this house faces here, it's pretty, it's a slave street, will be considered to be a side yard.
[1:07:45] So you're good the 15 feet?
[1:07:48] I won't quarrel with the police court.
[1:07:58] That's been our consistency in these kind of corner lots.
[1:08:02] Yeah, so I just know one that with the front door is the way the right, but the way the
[1:08:06] bylaw talks about it is that a corner lot they use both streets they consider to be for front
[1:08:11] yard purposes.
[1:08:12] So I was just going by the literal reading of the bylaw, but because you have a house existing
[1:08:18] on. Right. The front is on. The other street.
[1:08:22] It's not on. Right. Not on.
[1:08:23] On the bottom. Right.
[1:08:25] So, um, for practical purposes, then if that's the position that the board has taken
[1:08:29] in the past, we're really talking about a rear yard set back in up to feet.
[1:08:34] Two feet. Right.
[1:08:36] Yeah. I know there's been a lot of talk about the revision to 40A and,
[1:08:39] like, section 10 specifically in talking about the practical difficulty.
[1:08:43] What I bring to the board is attention is that, um, and it looks like
[1:08:47] at least Mr. Catara, it has an aerial, but I do have some
[1:08:50] aerials of the neighborhood, the house has a little red pan on it.
[1:08:58] So you know, the house has a little red pan, I think I might never go.
[1:09:05] So there are a number of mature trees that's an existing shed, a swimming pool.
[1:09:10] I believe this is like a small circular fire pit on the property.
[1:09:15] And where they're going to situate this garage is a kind of old, I want to use term wage,
[1:09:23] but place strategically, in between two trees, trees, shed, there are some rather large rocks on the property.
[1:09:32] It's their goal to not have to take down any trees, which would be a financial hardship to them.
[1:09:38] Their goal not to have to jackhammer up any of these large rocks, again, which would be a financial hardship to them.
[1:09:43] So I was suggested to board when you're looking at this balancing test that then placing a garage on this when I'd call rather large side yard.
[1:09:54] It's not really going to have any kind of negative impact on any of the neighboring properties and there is a benefit to obviously the shagnins.
[1:10:01] Their current house does not have a garage structure, which is unusual for modern times and they would like a place to store their vehicles.
[1:10:10] And you're going to access this off slowly so you can correct the garage and we access
[1:10:15] off slowly.
[1:10:17] Correct.
[1:10:17] Yes.
[1:10:17] How high is this garage going to be?
[1:10:19] 13.
[1:10:22] 13.
[1:10:24] 13.
[1:10:25] I mean,
[1:10:36] I think the two foot ask is, no quote, minimal.
[1:10:42] That's a diminimus.
[1:10:43] Yeah.
[1:10:43] Yeah.
[1:10:44] I agree.
[1:10:51] It's a fairly long lot in terms of its shape, depth wise.
[1:10:55] it's 85 feet, and that really what's creating this, the set back from there.
[1:11:03] We're going to be able to put that garage between those two big trees.
[1:11:08] Just fits in there.
[1:11:10] Give me three feet off the rock.
[1:11:12] And maybe it's about the one five.
[1:11:16] About the two feet right up against the rock.
[1:11:23] Right, we did have the right on board.
[1:11:26] So, is it practical difficulty relating to the shape and structures on the lot?
[1:11:40] So, I'm finding it.
[1:11:41] Yeah, I'm finding it.
[1:11:42] Anybody have any questions?
[1:11:45] Anyone?
[1:11:46] How much floor are you against?
[1:11:49] Okay, if you do, there's no comment for a close-up.
[1:11:53] I make a motion except the position is this, then I make a motion, the position is a motion
[1:12:01] to go ahead and prove it.
[1:12:04] Oh, second.
[1:12:06] Just for the side go, it's set back.
[1:12:09] That's all you need.
[1:12:09] That's all you need.
[1:12:11] I want to make sure that's in the motion for the side go, it's set back.
[1:12:15] But we can put a finding in the case.
[1:12:17] I was just, I'm sorry.
[1:12:19] I'm sorry.
[1:12:20] We can put a finding in there, Steve,
[1:12:22] That that that's that is a side yard set back and it's 15 feet so he complies with that side yard set back
[1:12:30] Yeah
[1:12:30] Right, I saw it from a slave street. Yes, please. I just want you to show that. So that the bill number is accurate. I can see that right so there's no confusion
[1:12:37] Thank you
[1:12:38] Second then on the end
[1:12:40] I see both a side. Steve Canter and I so
[1:12:44] I'm just a week 20 appeal period understood. Oh, I don't know
[1:12:47] I'm great. Thank you. Thank you with all that
[1:12:49] Thank you
[1:12:50] Thank you. Good luck.
[1:12:59] Okay, next.
[1:13:02] Yeah, and we have a letter.
[1:13:05] Elimance real estate LLC for 266 slates very Boulevard and
[1:13:09] Britain have Somerset.
[1:13:10] This is about B4, a lot 129.
[1:13:14] Partition for a planned development of the section 6.10
[1:13:16] The Somerset zoning bylaws to construct an operate
[1:13:19] A minor key car case centre, special permit of the section 7.5
[1:13:24] and 7.6 for the proposed use within the business district
[1:13:28] and a various pursuant to section five.
[1:13:31] The six point eight fully leaf from the required setback
[1:13:35] between the proposed building and slate-fairy boulevard.
[1:13:39] We have a letter from the planning board.
[1:13:43] Data September 23rd, 2026.
[1:13:46] To the zoning board of appeals, Steve Carterette Chair from planning board.
[1:13:50] We got a recommendation letter for a planned development
[1:13:52] from Lain-Ki-Kakia Center, 266 slates very well
[1:13:57] about a session about B4, a lot, 229.
[1:14:00] Please be advised that the meeting of the Planning Board
[1:14:02] held on September 22, 2020, 6th of board voted
[1:14:05] 3 to 0 to 0 to wish you a favorable recommendation
[1:14:09] on the planned development for polls
[1:14:10] to subject to the following conditions
[1:14:12] for consideration by the zoning water repeals, landscaping.
[1:14:17] In consideration, the applicant requests for a 10-foot setback
[1:14:20] from Slate's very Boulevard,
[1:14:22] the side of the building facing Slate's very Boulevard
[1:14:25] shall be appropriately landscaped
[1:14:27] to screen and minimize the visibility
[1:14:29] of the existing white vinyl fence
[1:14:31] from the public way.
[1:14:33] Air conditioning.
[1:14:35] Air conditioning shall be installed and utilized
[1:14:37] for a lot of work activities
[1:14:38] to be conducted with the building doors closed
[1:14:41] during warm and month.
[1:14:43] In order to minimize noise and prevent sound levels
[1:14:45] from seeing the limits established
[1:14:48] by the applicable zoning by law.
[1:14:52] Snow storage.
[1:14:53] A suitable line of shall be installed beneath it.
[1:14:56] It doesn't need a snow storage area to prevent melting snow and associated runoff.
[1:15:00] From infiltrating the ground to potentially impacting the embutting property, okay, that $2.94, it's very full of our sincerely Gary Simon to claim important.
[1:15:11] Yes, sir.
[1:15:12] Good evening. My name is Daniel Diabrew. I'm an attorney with Brennan, Scottish U.N. Creskey.
[1:15:17] My office is at 174th Dean Street, and Tauntan, also present as Lawrence Silva of Silver Engineering Associates and Milford.
[1:15:27] It's a Prilis who would be the operator of the proposed development.
[1:15:35] And this concerns the lot, 266 slates, very boulevard at the intersection of Britain Avenue.
[1:15:42] And the proposed development is for an automobile repair shop.
[1:15:46] The lot is owned in the business district.
[1:15:49] There is a house next door.
[1:15:52] The house is also in the business district.
[1:15:55] The relief that we're seeking tonight from the Board of Appeals is
[1:16:00] Plan Development Approval together with a variance and a special permit
[1:16:05] That would allow for the automobile repair shop to operate in the business district.
[1:16:10] It's a plan development because it's new construction in the business district.
[1:16:15] Automobile repair shop is allowed in that district by special permit of this board.
[1:16:21] And the variance request is to allow the setback along Slade's very boulevard to be ten feet rather than twenty-five feet.
[1:16:34] The entrance to the business would be on Brighton Avenue, the rare of the building would face Slade's very boulevard, the front of the building would face Route six.
[1:16:47] The plan calls for retaining wall along the neighboring property where necessary and a six-foot fence along a portion of that property as shown on the plan.
[1:17:02] As you'll see on the plan, the parking lot does not extend behind the neighbor's house.
[1:17:09] The nearest parking space to the neighbor's house is 36 feet.
[1:17:13] The plan does designate an area there for snow storage.
[1:17:18] The plan calls for an enclosed dumpster.
[1:17:21] That would be near the front of the property in the middle of the parking spaces on the front of the property.
[1:17:30] And again, I know that the neighbor at one point had submitted a letter.
[1:17:35] And I just want to point out that the plan and the company that letter was a draft.
[1:17:41] And I believe prepared by another engineer, not Mr. Silva.
[1:17:45] That's not the plan that we submitted or the revised plan that we've submitted.
[1:17:49] Our plan does not call for any parking spaces directly behind that neighbor's help.
[1:17:56] The reasons for the relief requested, again, a strict enforcement of the bylaw would result in
[1:18:03] practical difficulty, in this case, right of way for slates, very boulevard. It has an 80-foot
[1:18:14] right of way. It's wider than what the paved area of that street is. So granting the variance
[1:18:22] in effect doesn't cause any damage to the idea of a 25-foot setback. There is, as a practical
[1:18:31] no matter a larger setback by that due to the width of the right of way, and, again, we would propose to plant trees in that right of way.
[1:18:45] In this site was formerly a gas station, and it's my understanding that that had been abandoned for 10 years or more, and it was, I would call it a blighted site.
[1:18:57] The present owner of the property has invested substantial money into the property has taken
[1:19:05] down the formerly existing buildings.
[1:19:08] He has relocated the water and sewer line that service the house next door.
[1:19:16] That alone was an investment of over $40,000 on his part to improve this property and make
[1:19:23] ready for an appropriate development in the business zone,
[1:19:31] so as a practical difficulty relates
[1:19:36] to the shape of the lot. This site, and again, Mr. Civil will address you in a few moments,
[1:19:43] but I would suggest that this site has been designed as efficiently as it possibly could be,
[1:19:51] and if the relief is not granted tonight, it will not be purchased and developed as planned,
[1:20:01] and the money invested today will not be fruitful.
[1:20:10] And again, I would suggest that when you look at the plan, when you look at the shape,
[1:20:15] When you look at the size, there's just not another feasible method to put in the proposed development.
[1:20:27] I would point out Mr. Suprilyce is experienced in running an operation like this.
[1:20:37] operates a minor key and has for over 20 years in Rainham Massachusetts. He runs a good
[1:20:45] clean operation. This establishment in the town of Somerset, it would be a benefit to the town of
[1:20:54] Somerset. It would provide a service to the residents of Somerset. It would not be detrimental
[1:21:00] in any way, for whatever way the board, we like, we like to give it, I know in the town
[1:21:10] of Rainham, he was recognized by the Tontinary Chamber of Commerce. He was given recognition
[1:21:20] by the town of Rainham, the Community Pride Award in 2020 for outstanding commitment to
[1:21:28] betterment of our community. So I do think that speaks volumes as to what type of operation
[1:21:35] this is and what type of neighbor he would be.
[1:21:45] All materials are properly stored in
[1:21:50] disposal. Use tires are not stored on site. There is no storage of unregion motor vehicles.
[1:21:56] all work takes place within the base.
[1:22:01] There's no outside work.
[1:22:03] There's no work that is completed in the parking lot.
[1:22:08] So again, I would suggest under your bylaws,
[1:22:11] the proposed development is not harmful or hazardous.
[1:22:14] It will be economically and socially beneficial to the town.
[1:22:19] The site has already been improved by removal of the blighted properties.
[1:22:24] This is a responsible owner and a practiced owner with experience.
[1:22:30] We will run a clean and efficient operation. The proposed use is entirely consistent with the use in the business district, and does not cause a detriment.
[1:22:48] At the planning board, there were a couple of concerns raised during the public comment, as to traffic.
[1:23:00] I would suggest the traffic is a non-issue.
[1:23:05] I mean, obviously, six is fully planned, fully developed.
[1:23:10] There's a robust set of lights at the intersection of root six
[1:23:14] at the intersection of slates, very boulevard, and great avenue
[1:23:18] that is controlled, stop signs on three sides of that intersection.
[1:23:25] Mr. Surprilis would attest to you tonight that based on his experience with 20 years in the business
[1:23:37] a busy day for him would be of a 25 customers.
[1:23:45] So over a 10 hour day, again, that would be two and a half cars per hour.
[1:23:51] If you average total of the course of the day, even if you doubled that, which he says is not going to happen, would be highly, highly unlikely.
[1:24:01] It would still only be 50 cars over a 10-hour period.
[1:24:07] So there's not any issue as to excessive traffic or traffic, increase, increase, and there's just no appreciable difference that will be caused.
[1:24:21] by this establishment, and certainly that would not be said of other establishments that
[1:24:28] would be permitted in the business district that could be much, much busier.
[1:24:35] In terms of noise, I know that there's a recommendation that air conditioning unit be installed
[1:24:43] and that the pays be closed during business hours in the summer.
[1:24:53] I can tell you that that would be a deal killer for this project.
[1:24:59] It would result in the project not happening, none of the benefits flowing to the town,
[1:25:07] but I would also suggest that the good news is that
[1:25:11] That condition is completely unnecessary.
[1:25:14] The town of Somerset has a very robust noise bylaw and that noise bylaw dictates exactly what the noise level can be at the property line, if the board of health enforces that bylaw and obviously the operation is going to have to comply with that bylaws.
[1:25:36] So that problem that the planning board was attempting to address, I would suggest number one has already been solved and number two has been solved in a more efficient way and a more effective way than the installation of air conditioning and dictating to the business owner that the bays have to be closed that the doors to the bays have to be closed.
[1:26:02] I'd also suggest that installation of an air condition unit, a commercial air conditioning unit,
[1:26:10] which then would operate under that condition and pose would operate all day, that type
[1:26:18] of, and that would need to have to be on the roof or on the floor level, but that type
[1:26:24] of machinery would generate a constant noise that is far worse than the harm it's trying
[1:26:34] to prevent. And again, Mr. Surprilis would testify that any noise from the operation,
[1:26:43] he doesn't expect it to cause any difficulty for that immediate neighbor and certainly not
[1:26:50] or anyone further away, again, that the project is designed so that the base face away
[1:27:00] from the residential property, the face root six, and I would suggest that the noise
[1:27:11] by law is the solution to any concerns that you would have as to noise and, again, I think
[1:27:23] that would be the beginning and the end of it.
[1:27:26] He has to comply with that and he feels he will have zero difficulty in complying with the
[1:27:33] noise by law and he will be a good neighbor and will not cause the immediate neighbor or anyone
[1:27:40] else in the neighborhood any harm. The hours of operation would be 730 a.m. to 6 p.m. Monday
[1:27:52] through Friday 8 a.m. to 4 p.m. on Saturdays, closed Sundays. There is no overnight work.
[1:28:03] There is no evening work,
[1:28:16] I don't, I did print out if you would like to see the recognition
[1:28:20] that he had received in connection with this other town, if you'd like to see it, that's yours.
[1:28:28] Otherwise, Mr. Silva can give a presentation of the plan.
[1:28:32] And then if there's any questions, we'll certainly take them.
[1:28:34] Okay, good.
[1:28:35] Thank you.
[1:28:36] Thank you.
[1:28:38] I'm sorry.
[1:28:39] It's just so, because of the TV, the microphones are pretty good.
[1:28:44] So, it just take him pick up the sound better.
[1:28:48] It's never been said that I can't be heard, but that's okay.
[1:28:51] No, no.
[1:28:52] I'm sorry.
[1:28:53] I'm sorry.
[1:28:54] I'm sorry.
[1:28:55] I'm sorry.
[1:28:55] I'm sorry.
[1:28:57] I'm sorry.
[1:28:59] I'm sorry.
[1:28:59] two years have been a civil, and our offices are in Bridgewater, 16, 15-bed fit street in Bridgewater,
[1:29:11] and this site here, as we've designed it, was a challenging site in the sense that the shape
[1:29:18] of the property is not a normal shape, it had its constraints, it has basically three right
[1:29:27] ways and so therefore zoning setbacks became the issue and that's one of the reasons why
[1:29:33] we're here before you full of the variance for setbacks. The setback as Dan was saying to you is
[1:29:41] the variance requesting is to the slates very bull of odd side of the building which is really
[1:29:48] the rear of the operation of this building and there is a vinyl fence area behind the building
[1:29:57] and we had shown four
[1:30:00] A lot of trees in that area, plenty of board asks that we do extensive screening in there, so that the entire length of this is screened off, and we haven't got a problem with that as a way of doing that. That could be done with alphabeties with a variety of different kinds of vegetation in order to make sure that it's a aesthetic in the sense of the area, and also that it shields the backside of the building.
[1:30:28] there is no activity that takes place on the back side of the building.
[1:30:32] I just want to make sure you understand that.
[1:30:34] From an elevation point of view, understand that the governing elevation for the design
[1:30:42] is the entrance elevation from Britain Avenue.
[1:30:46] So that's in the mid 70s and as you come across, it requires that transition to the residential
[1:30:53] property, it requires retaining wall, because the residential property sits up higher.
[1:30:59] So this building actually sits down below so that there's not like a direct kind of transfer
[1:31:06] of anything that's going on in terms of activity, visual, or otherwise.
[1:31:11] Lighting that's on the building is none on the side facing the residents.
[1:31:16] The other lighting is down lighting.
[1:31:17] we show it here, and it does not allow for anything to go beyond the property limits itself.
[1:31:26] There's a project sign, the detail of it on the left side over here, and it's going to be
[1:31:33] located in this area here to be able to be seen from root 6, and then obviously to be an entrance
[1:31:39] to the sign here just to be able to direct vehicles in and out from this location.
[1:31:44] not a lot of traffic in and out.
[1:31:49] There was some, or there's 15 cars and six garage bay spots as well.
[1:31:57] So there's really 21 spaces, two of which are accessible.
[1:32:02] One adjacent to the building and one in the first spot across from it.
[1:32:06] Those are handicapped accessible.
[1:32:09] And one of the comments that had come up at the
[1:32:13] planning board meeting and discussion with the
[1:32:16] about it was about snow storage, we were showing in
[1:32:19] this last space as a turnout here and beyond that we
[1:32:23] were showing snow storage in this area.
[1:32:26] The concern was that if snow is in that area and it
[1:32:30] melts out, could it affect the basement in this area?
[1:32:36] understanding that this here is at elevation 75 and this is like 80, this is 85 and that's
[1:32:43] like 78 in that area. I mean, this already starting from a significant difference already
[1:32:48] down close to the basement level. But we haven't got a problem to try and keep it more towards
[1:32:56] the northern side of the area that we had designated and to that extent because we don't really
[1:33:02] have to need all those spaces in a real bad storm.
[1:33:07] We could actually occupy a couple of the turn out,
[1:33:10] a couple of spaces in this area for storage.
[1:33:14] So I don't see that as a major issue.
[1:33:16] Obviously, you want to be a good neighbor.
[1:33:17] We're not going to do anything that would be a problem for the
[1:33:23] neighboring property.
[1:33:25] And it just went, just one question about that.
[1:33:28] that's no stork. Is that on, um, hot scape or on? Well, here, as we showed it on the design
[1:33:37] plan, right? Uh, we had a combination of the pavement in this area, and here we had it in, we
[1:33:44] didn't have, we had it in a graded area that would have been like a loma seed area. Okay, okay.
[1:33:48] If it, if it needs to be different than that than we can extend some of that pavement, I was just
[1:33:55] trying to minimize how much pavement we would actually have, but we could place just a
[1:34:00] rub a line or something underneath that area just to make sure that it does direct
[1:34:03] it up.
[1:34:05] But the slope to it is in the direction of the parking lot anyway, because I showed you
[1:34:13] here.
[1:34:26] So from a grading point of view, that's where you get that transition grade backup to the
[1:34:31] higher grades where the back of the house is located, we're sloping back down to
[1:34:36] So it's not like the water wants to go with different direction, it really wants to go in the direction of the parking lot.
[1:34:44] And also I want to show you on this page here that we've done test pits out in the back there for us to be able to capture water from building and so far from the parking lot and infiltrated into the area and this significant stormwater collection system in that location.
[1:35:03] because all grades are coming in a in a in a southeast direction and so that's what our capture is
[1:35:09] We have a basins and half the entrance and also it's just to be able to capture and treat it go through it for a grit and then into a
[1:35:19] Recharge system soils. We found a very good for recharge and so
[1:35:25] We feel that we have that issue
[1:35:27] adequately handled. Dan already told you that the was already, the utilities that were coming
[1:35:33] across to the existing house had already been be located by the current owner. And so those
[1:35:40] come around this side here and pretty much it's a clean operation clean layout and what we're trying
[1:35:50] not to do is to, there is some encroachments over here by the neighbor on this side here,
[1:35:56] We're trying not to involve those areas as part of this.
[1:36:00] So you would leave those in place?
[1:36:02] Yeah, we're not touching it. We're not showing any improvements over in this area.
[1:36:07] Yeah, because I know that it's labeled basketball court.
[1:36:09] That's what it is.
[1:36:10] Yeah.
[1:36:11] And that's going to stay.
[1:36:14] I'll go play in one on one and see.
[1:36:17] That's a play here.
[1:36:18] The pot is filled.
[1:36:19] Yeah, you know.
[1:36:19] Now, that used to be the, all this referral, how does gas station work?
[1:36:23] Yeah.
[1:36:23] And then you go, you remember that?
[1:36:25] And Jeff, Jeff, and did you still own it?
[1:36:29] I would think the shape of that lot is probably caused by the relocation of root 6 too.
[1:36:34] That lot was a shape of that.
[1:36:36] Part of that is.
[1:36:38] I think what they relocated root 6, they created that odd shape.
[1:36:42] Right.
[1:36:44] And as far as the layout, I mean, I talked about whether or not it was a possibility of narrowing
[1:36:51] down to a reasonable width over here and then the variances may not even be necessary over
[1:36:56] here, but this is the route that is going, we're keeping the 80 foot layout, but actually asking
[1:37:02] for the variances into that layout, and then doing some improvements here.
[1:37:05] As you remember the entrance to the old gas station was from this side, all that area is
[1:37:10] all being restored. It's going to look much better in terms of that there.
[1:37:16] On the side of the building with that neighbor, is there a white vinyl fence?
[1:37:23] There you see, there's a wall on that side, let me talk about existing right now.
[1:37:29] Yeah, existing.
[1:37:32] There's a wall coming in this area, there's a fence, there's a wall coming in this area, there's a fence.
[1:37:35] So is that fence going to remain, you're going to take that out?
[1:37:38] Well, we're not replacing the wall with a new wall in that area, but with the walls on our side on the property to make sure that everything is here and we're putting in a vinyl fence, a new vinyl fence up there.
[1:37:53] type of wall, they're going to be built up. It'd be a precast, a precast wall, in
[1:38:00] fill. The times I like are really the ones that have a nice face on them, and
[1:38:05] they're in fill with stone. I mean, they can go with a full concrete block when we
[1:38:09] give them that option, but the other ones are sometimes a little bit easier to manage
[1:38:15] as far as the ones that have the in fill for the stone inside them. So, pretty much
[1:38:22] That's the overview.
[1:38:23] I mean, for me, with the source, the wall itself is from,
[1:38:29] well, I've read in this time of 78.
[1:38:31] And up here is 85 is the finish grade there,
[1:38:34] so this is maybe above that anyway,
[1:38:38] for safety point of view and stuff, we have it.
[1:38:40] And that's why the fence also provides a safety.
[1:38:47] So the wall on the plan, the wall of the corner
[1:38:49] is approximately six feet high.
[1:38:53] Almost eight more like eight more like eight.
[1:38:55] is a C-8 for.
[1:38:56] I could have just been a plant as bottom wall 79,
[1:38:59] Parvaloa 85.
[1:39:06] Yeah.
[1:39:06] I was looking at one of the great, so here was like,
[1:39:08] Sanied on the corner of the 60.
[1:39:10] But then it's not as high up on that side.
[1:39:12] So it's relatively a seven.
[1:39:14] Could get to E, but more six seven.
[1:39:20] And that's a face that wall actually faces,
[1:39:22] but before mine came to go.
[1:39:24] Right.
[1:39:24] Because the red antropropey is the ice-y.
[1:39:28] and you're just trying to obtain that grade to the right answer probably all the year.
[1:39:33] So, but it's not that we don't want to make it a lovely thing.
[1:39:38] Yeah, we have some.
[1:39:38] We have some wall on this idea because that strip of root 6, the undeveloped section of root 6 on that side.
[1:39:47] There is a difference in grade there also.
[1:39:51] So, in that area up here, but those are small.
[1:39:54] Those are like go from like two to three footer and that's this side, you can see top of all elevations.
[1:40:01] I think the highest one on this side does get up close to the seven as a far end, but in the middle of it it goes down to five here and then it's down to two or three on that side.
[1:40:15] the transition to that.
[1:40:17] The way they left root 6 on the side is placement here is because this here represents
[1:40:22] the wooded section of that strip and this is the open area that's more visible, which
[1:40:31] is necessary, obviously, for the site to function.
[1:40:35] And the sign from line with the by-law sign of the element?
[1:40:37] Yes.
[1:40:39] What's the gross flow area of the building?
[1:40:44] It's a hundred and five feet.
[1:40:46] Oh, we passed the four hundred through seven.
[1:40:48] Five, five, five, 40.
[1:40:51] So that's what they are.
[1:40:52] The Metro's.
[1:40:54] This one did the parking.
[1:40:56] What is it?
[1:40:58] So it's 42,
[1:41:03] 15.
[1:41:06] 42, 15.
[1:41:06] What do you two 15 because the garage insurance 3437 off this 778 you're on the on the parking we got a parking somewhere
[1:41:18] Yeah
[1:41:19] They
[1:41:21] show you what was proposed then what was required
[1:41:30] See you only required to have seven spaces you have 21 what we're showing 20. Yeah, so we see each
[1:41:35] But that's counting the six
[1:41:39] So 15, 15 on the amount of pounds,
[1:41:45] and that needs to be recorded because the math comes out to 14.05, it's basis.
[1:41:52] And by having this old landscape in here, and this not being any activity on this side here, it really is quiet.
[1:42:00] It's a quiet neighbor to that side.
[1:42:02] And so forth.
[1:42:03] So it's really kind of an ideal application.
[1:42:06] If you think about the gas station that was there as I remember years and years ago,
[1:42:10] That gas station was, you know, entry right in from the residential properties there, across
[1:42:17] the New Old Gob shop and howdy's hamburgers and all that good stuff.
[1:42:21] Ellie's hamburgers and me over there.
[1:42:23] What's howdy's a Kelly?
[1:42:24] What was the Kelly's?
[1:42:26] Kelly's.
[1:42:26] Kelly's.
[1:42:26] I went through the
[1:42:35] road twice when they put the sewer in.
[1:42:37] Crockney was the contract there and it's quite too cost my wife my late wife's
[1:42:42] car and then later my car both went through the pavement yeah coming up my
[1:42:47] got through having a from one direction and going towards it to the other direction oh my
[1:42:51] God
[1:42:54] who's the manager of this place oh you great I just wanted to know who he if he
[1:43:04] was a fact the manager I don't know if you're done or not you say manager you're
[1:43:38] you is do you will you have like if people make an appointment with you are they going
[1:43:45] to be leaving that car overnight when you come in in the morning we have seen when I drop
[1:43:51] off is that yeah I guess that's what I'm asking so it's going to be a key drop box for the vehicle
[1:43:58] yes and you'll be instructed in the parking that in the parking designated parking spots
[1:44:05] Now, when the building is closed for the evening at 6 o'clock, I think, right, set 6 p.m. at night.
[1:44:15] What lights are left on around the building? I'm sure you leave some lighting on.
[1:44:19] We have automatic parking lights for visibility.
[1:44:26] What do you mean by automatically when driving the lights come on?
[1:44:29] No, no, no. Like, at a certain time, when it's dark,
[1:44:32] special in the winter, the lights automatically comes on as the,
[1:44:37] as the, as the in your other parking lot.
[1:44:40] And the light is contained through the property, correct?
[1:44:43] And it's down, like, it's actually a shadow of all sides.
[1:44:46] Right, down, like, and down. So there's no white pollution
[1:44:49] off the property. That's right. Right.
[1:44:51] The light stays on all night.
[1:44:54] Yeah, so the morning that it's the time, five,
[1:44:56] at 36 a.m., the automatic goes on.
[1:44:59] Let's go.
[1:45:06] That's correct? That's correct. And now there is, I think, one or so other on the right now there is one on that side. And then there's one, two, three, I think there's four on that side. Thank you.
[1:45:22] But there are all these these.
[1:45:24] That's the other.
[1:45:25] That's down by.
[1:45:26] We show them.
[1:45:28] OK.
[1:45:29] Now, does your sign the mighty sign
[1:45:32] to Zachow off at a certain time at night?
[1:45:35] Or does the state illuminated all night?
[1:45:37] It illuminated all night.
[1:45:39] Yes.
[1:45:39] It's illuminated all night long.
[1:45:41] Yes.
[1:46:05] This sign is on a timer.
[1:46:08] We do it on a timer.
[1:46:11] Yes.
[1:46:11] So, when obviously when it gets darker, it illuminates.
[1:46:14] And then it stays on and it shuts off a similar to the lights and on the property.
[1:46:19] Yes.
[1:46:20] Now, I'm going to ask your question about your attorney brought up the air-conditioning
[1:46:26] condition mentioned by the planning board, which he feels is an on-issue because we have
[1:46:33] a noise by law in the time of sunset, and that's addressed by the Board of Health.
[1:46:40] Typically, on the summer day, we'll say that you have four of the six bays in operation.
[1:46:52] How noisy is that?
[1:46:53] Just for my purposes.
[1:46:55] I mean, you're going to be doing basic car repair and what kind of noise would be generated
[1:47:01] that would be an important thing.
[1:47:03] Very many board felt would be an issue.
[1:47:07] We think it would be a very minimum noise if we have three or four cars in the Bayes doing
[1:47:12] some of the day, the noise is temporary, say we take, you bring your vehicle in, we just
[1:47:20] take the tires off, we're waiting for parts, for bricks or for tires, for no tires, no bricks,
[1:47:26] tire or the end or whatever, it's weighted for the parts to get there and once the parts are
[1:47:34] installed, that's when we go back to put the tires on the car, and send it a test drive
[1:47:40] before we return it to the customer. So there's not much noise at all.
[1:47:46] Right, and so your base are obviously facing root six. Yes. So there's always, if anything that's
[1:47:53] generated, it's going to be funneling out to root six. Manor, we're done with six. It's also
[1:47:58] has a maximum limit for that commercial district of 70 decibels.
[1:48:03] Oh, okay.
[1:48:04] So it's a diff.
[1:48:07] Yeah, even if he stays under 70 decibels, it shouldn't be a problem.
[1:48:10] Yeah, I don't see a repair shop.
[1:48:12] I'm no mechanic.
[1:48:14] I barely can change my old flat tire.
[1:48:16] I won't be modern.
[1:48:17] I'd be happy to help you out.
[1:48:20] The work was the door and he makes the pinch.
[1:48:23] I like that.
[1:48:23] No wonder you got awards for bringing in.
[1:48:27] But then it was seriously,
[1:48:31] yeah, I don't think that would present the problem, I'm just
[1:48:35] speaking for myself as a member of the zone, but I can't speak for my colleagues.
[1:48:39] I don't foresee a problem with that when you do a car repair, because I do agree with you.
[1:48:43] Whatever you take off, you have to wait for your part to come in before you can proceed with
[1:48:47] the repair.
[1:48:48] Yes, sir.
[1:48:49] And then you repair your vehicle, you're done, you take it for a test friend,
[1:48:53] That's always made using air guns to put the fire in the fire and the fire and the fire.
[1:48:58] Steve, that time period, too, for the noise by law, 7 a.m. to 10 p.m. 70 decibels.
[1:49:07] Yeah, the facility is closed and the facility is closed.
[1:49:09] 6 p.m. at night.
[1:49:12] Yeah.
[1:49:12] Around 7.30.
[1:49:15] Now, your dumps the location, that you don't foresee any vehicles.
[1:49:21] that you're working on or waiting for service to interfere with the operation of the truck that
[1:49:30] empties that container?
[1:49:33] No, sorry, if we have to, as we do currently in and of them, let's say guys block the dumpster,
[1:49:40] and we know we have a certain date with our trash company, we know when they come in.
[1:49:45] So you must be the every employee not to park there or any customer not to park there.
[1:49:50] And it's not a customer parking space in anyone.
[1:49:53] The dump says never going to be blocked to cause the trash
[1:49:57] company not to able to haul it out.
[1:50:01] Some of them, especially the one I have in the end of now,
[1:50:04] currently they do it at night.
[1:50:05] I come in the morning and my dump says empty.
[1:50:09] Yeah, you get to go.
[1:50:11] What time in night?
[1:50:13] Sometimes they come early evening.
[1:50:15] OK.
[1:50:16] Yes.
[1:50:16] We had other places.
[1:50:18] Yeah.
[1:50:19] It's been an issue when they come like, you know, 530 in the morning
[1:50:24] There's a lot of noise from the dumps to be an empty. So we had to put restrictions on it. So the dumps. The wasn't, you know, it was, you know, so it wasn't a lot of delay
[1:50:33] Especially a buddy of residential neighborhood, right? So just pride to them opening like I mean something like
[1:50:39] you know, somewhere it does you know 630 up to say
[1:50:46] 738 somewhere in there. He can work that out with the
[1:50:49] Yeah, up with the trash company, right, okay. Yeah, that thing that can, that comes up.
[1:50:57] So, your employees parking, that's going to occupy the 15 spots that you have, correct?
[1:51:03] You're going to be taking away from your customer parking for five spaces.
[1:51:07] Five spaces, yeah, for employees, yes, okay.
[1:51:23] Do you have a landscape of company coming to do snow removal?
[1:51:27] What do you folks do yourself?
[1:51:30] Currently we do our own snow removal.
[1:51:39] And you're a member of the Pornal line,
[1:51:41] although this snow removal area in the landscape area.
[1:51:45] It's like a sandstorm.
[1:51:47] I would say not.
[1:51:49] It could either be hard-skinned and have make sure that it goes...
[1:51:53] But basically we'll manage it so that it drains towards the parking lot.
[1:52:01] not into the ground itself below that area.
[1:52:06] Like I say, small storms, you know, it's just going to be in that sort of turn-out area
[1:52:11] and just bailing into that, you know, I mean, it's not like there is a major issue in terms
[1:52:20] of how much storage must know you need to have there.
[1:52:27] No, it's just so when we get these lives from a planning board, you know
[1:52:30] So it was in the plane of a letter and you kind of addressed it and said that, you know, you could put a line of, but if you, if you were going to hodge scape, that's no storage area, like that area looks pretty large, right on this plan. How much with your hodge, I'm going to try to keep it so that it's more than northern part of that area that we're showing, right? So we're going to keep it so that half that with and keeping it with to that side.
[1:52:57] It's a question. You're going to sell the property. Are you going to read or is it a lease?
[1:53:02] It's for sale.
[1:53:03] It's for sale.
[1:53:07] So you're going to be the gentleman running this particular money.
[1:53:11] If they ever think it's proof?
[1:53:12] Yes sir.
[1:53:14] You'll be the owner?
[1:53:15] Yes sir.
[1:53:28] That landscape and it's going to go along a place very quickly.
[1:53:31] Is it going to be a row of our varieties?
[1:53:33] We have to be full screening.
[1:53:36] If you make the condition that it has to be fully screened as the money bar we're saying.
[1:53:40] so that you basically block the view of the height
[1:53:45] of the vinyl fence behind the building,
[1:53:49] then I would suggest you the easiest way to do that
[1:53:52] is with the role of our varieties,
[1:53:54] and then put the trees that we show just in the other those.
[1:53:59] So you get both.
[1:54:05] Because that's, yeah, that'll, I mean, that'll work.
[1:54:08] I mean, yeah, that's fine.
[1:54:14] Yeah.
[1:54:14] Would you just say the minor key sign was going
[1:54:16] to go, I'm sorry, Mr.
[1:54:17] Right, we're the bend in the, if you look at the bend in the parking area right at that corner,
[1:54:22] I'm bringing it up.
[1:54:24] Oh, okay. I'm sorry.
[1:54:27] Yep. Yep. Yep.
[1:54:28] And that gets you the visibility.
[1:54:29] Okay. So you get, okay.
[1:54:31] I understand.
[1:54:31] Because I guess, say, if you go too far to the west,
[1:54:35] it's a tree line that we showed off in that little sliver.
[1:54:38] Because that's where the sun's getting more vegetated every six.
[1:54:42] And you can't see that this,
[1:54:44] in this area,
[1:54:45] up here, it stops again, so you can't really see as much except in winter time up in this area,
[1:54:53] but you can see clearly this view point in there,
[1:55:00] very good.
[1:55:02] Would you be willing to turn the sign off at some point in the night?
[1:55:09] Only because the residential property is a high, right?
[1:55:11] So, this sign height on this plan says 23 feet maximum, right?
[1:55:20] So, if the residents are probably higher in the signs 23, they'll be looking out at the
[1:55:26] signs.
[1:55:27] This is some time when you can turn the sign off at night because we get complaints from
[1:55:33] residents as near businesses that the signs illuminated and then they come back looking for some
[1:55:40] week from this sign being on. So if you're only going to be open until six, could you turn
[1:55:47] the sign off from like nine till seven in the morning?
[1:55:57] There's not always people in the building
[1:55:58] at seven in the end, so I'll have to turn. Turn it off for a night at night? Oh, sure. I can
[1:56:08] I can set it.
[1:56:09] I can set it.
[1:56:10] I can set it up.
[1:56:11] I can set it up.
[1:56:12] Put it on the timer.
[1:56:13] So you turn off it like nine.
[1:56:15] And then you can turn it out when they come into work.
[1:56:17] What are you going to do?
[1:56:18] Five, six, six.
[1:56:19] Yeah.
[1:56:20] Nine, just nine, just nine, just six.
[1:56:22] Three, nine, just six.
[1:56:25] It'll be your often in that way.
[1:56:27] We won't get complaints from the neighbor that you know.
[1:56:37] I have to reduce my taxes.
[1:56:39] Not many people see this sign to go in.
[1:56:43] We don't have any control over the tank state, unfortunately, but I don't, you know, getting to the sign, I agree with you 100% in this channel, but maybe you could say illuminate a little longer than nine.
[1:57:04] You don't I don't know the sign. I'm saying turn the sign off from nine and night until 630 in the morning. Oh
[1:57:13] I'm sorry. I'm the sun just you that I don't I have 630 the lights down. Yeah, yeah, I'm just a sign it
[1:57:19] Manicky sign this. Yeah, yeah, yeah, yeah, yeah, yeah, because you represented that the light the lights are all
[1:57:26] Don't
[1:57:34] Yeah, no, no, no.
[1:57:35] Yeah, nine of us.
[1:57:49] The only reason why I'm asking about that line
[1:57:51] or that being hot-skilled, but it's still
[1:57:53] important is because that was, obviously,
[1:57:55] that was a concern of the planning board
[1:57:57] when they sent us this.
[1:57:58] And I should say to you, is that they felt as though,
[1:58:01] whether or not you address that or not,
[1:58:05] we have to go back to them for the storm
[1:58:06] or the management permit.
[1:58:08] And it was agreed that we would work out whatever that detail
[1:58:12] is at that time.
[1:58:14] OK.
[1:58:14] So that's what the agreement was with them.
[1:58:19] Correct with that.
[1:58:20] Yeah.
[1:58:22] Yeah. That's correct.
[1:58:22] And they can resolve that issue.
[1:58:24] That's not going to be odd to the reason.
[1:58:38] Yeah.
[1:58:38] They have any questions.
[1:58:40] Question.
[1:58:41] How deep could it go?
[1:58:43] Anyone here comments?
[1:58:46] Go ahead.
[1:58:47] You want to go first?
[1:58:50] I don't know.
[1:58:53] I don't know.
[1:58:53] I don't know.
[1:58:54] Yes.
[1:58:54] I don't know.
[1:58:56] The gas station was there.
[1:58:57] But it's not there anymore.
[1:58:58] and we like it that way because it's quiet. Okay, I put in a hundred thousand dollar pool
[1:59:04] Two other neighbors have swimming pools. I live two houses. My concern is the noise. I know they're saying
[1:59:10] There'll be no noise, but I don't want to be out by my pool listening to air guns. I didn't move to some a set in
[1:59:16] 1964 my parents bought the house for noise. So that's concern in me that I don't know six bays
[1:59:24] But I put the air guns and I'm sitting by my pool, having people over and the people on
[1:59:30] Truman and the people at the halls that also have pools, like we don't want to be
[1:59:34] listening to that noise. I didn't move to some a set for that. I didn't move to some a set
[1:59:38] to have a minicking in me. I moved to some a set to be in the suburbs.
[1:59:45] I'm just a little upset
[1:59:47] with it. Okay, I know the back is going to be closed and supposedly the noise is going
[1:59:52] go the other way but we don't know if the noise is going to go the other way but about when
[1:59:56] the wind's blowing. I love two houses from there and not even
[2:00:19] I think they're going to open up and then extend their hours. Who stays open till six? That's a good thing.
[2:00:30] or any tie a shot. Do they really close at six?
[2:00:34] Well, they've represented, those are going to be their eyes.
[2:00:39] And then those eyes will go into the decision.
[2:00:42] So if they stay open after six,
[2:00:44] you can see the violation.
[2:00:46] You just call the building in spite of that to violation of the decision if we do it.
[2:00:50] Okay, so they can't just decide to help till 11 now.
[2:00:53] No. They would have to come back to this point to get the hours operation revised.
[2:00:58] Okay, because we did have problems with the dumpsters like you said at 530 in the morning picking the dumpster up.
[2:01:05] So my concern is the airlines.
[2:01:08] I go by places that change tires and you're just driving by and you can hear them.
[2:01:14] So that's my concern with my 100,000 dollar pool.
[2:01:18] I'm just, I'm sorry, but I'm outside all summer.
[2:01:22] Everybody's at my house.
[2:01:24] Okay, to the hours of operation.
[2:01:26] on the dumpster, where is the dumpster located?
[2:01:29] I'm sorry, I don't have a clue.
[2:01:30] Is it in the back of the frame?
[2:01:36] Don't be here.
[2:01:38] Okay, so it's on the other side of the building going towards the wood section.
[2:01:41] I'll put it in that corner there.
[2:01:43] Can you get the building in between here?
[2:01:45] You're on the side right?
[2:01:48] I'm pretty nice.
[2:01:48] Please carry on.
[2:01:51] What is this one?
[2:01:52] That's what that was.
[2:01:54] That's what you're doing.
[2:01:55] Okay.
[2:01:56] You're done.
[2:01:57] Okay, sure.
[2:01:57] It's on the other side.
[2:01:59] Right, so it's on the other side of the building.
[2:02:01] and for the help of the particle up here. So it's the only way up here.
[2:02:07] Okay, and that. That's the only way up here.
[2:02:11] All right, my concern is the egg ons. And if all the bays are full, I really, you know,
[2:02:18] just because we had job a lot there or whatever that was called in the gas station,
[2:02:22] we don't have it anymore. We like our neighborhood not being noisy.
[2:02:26] And I, you know, I feel bad for you because I don't know. You just tell you a lot,
[2:02:29] But I want to live peacefully, too.
[2:02:32] And I didn't move to some set to listen to air guns
[2:02:36] and whatever else is going to happen at.
[2:02:38] I'll go on.
[2:02:39] That's all I want to say.
[2:02:40] Could I have your name, please?
[2:02:42] I think I have your name.
[2:02:42] Just wanted to let me indicate that.
[2:02:44] But Barlow.
[2:02:45] follow the A-R-L-W-T-E, seven holes in the end.
[2:02:48] The idea of airplanes, I mean, this is not a tire changing.
[2:02:54] I upwards, if you orbit fire stone somewhere the way up,
[2:02:56] every bay is changing tires and eggons are going off.
[2:03:00] That's not what this is a carcass.
[2:03:02] Facility is not that kind of, every bay.
[2:03:07] That's what they're doing.
[2:03:08] They do change tires, right?
[2:03:10] They will change tires, but it's not like the frequency
[2:03:13] that you're comparing it to a tire place.
[2:03:18] That's right.
[2:03:19] I don't know, because I didn't.
[2:03:21] I should've probably taken a ride to a minor key and listened, which I didn't do.
[2:03:25] But that's just my concern.
[2:03:27] Sure.
[2:03:27] No, thank you.
[2:03:28] And it's just because I haven't.
[2:03:29] Just to try to make sure that I understand all.
[2:03:32] No, no.
[2:03:33] Yeah, that's no.
[2:03:34] I'm just concerned with all the money I spend on my pool.
[2:03:37] I want to be outside of the museum.
[2:03:38] I'm looking into the dumpsets for this away from where you're from.
[2:03:44] How are you?
[2:03:44] I'm a Jamie Emerson 6-Linda Lane.
[2:03:48] I just want to run over a couple things.
[2:03:53] One, everybody is acting like this is in a commercial property.
[2:03:57] I'm root 6 for some reason.
[2:03:59] I never, when I bought this, was expecting this.
[2:04:02] If you stand out where my sign is, with the rigs and everything else going by, you can't
[2:04:07] been talking to a cell phone, super, super loud.
[2:04:12] Talking about this layout on the 24th from the easement.
[2:04:17] The road is 80 feet. They gave this road back to the town.
[2:04:22] My neighbor, you can see the line is right up to the front of his house.
[2:04:27] The gas station that was out this property for, I don't even know, maybe 60, 70 years has been using
[2:04:34] those entrances, the tire, the sign was in the easement.
[2:04:38] They probably even have some kind of grandfathered rights to it.
[2:04:42] Was it more than 60 years?
[2:04:43] More than 60 years, okay?
[2:04:46] We're eliminating all that.
[2:04:48] And we're not even going to be in that.
[2:04:50] And we're staying on our property.
[2:04:52] We're asking for this variance, which probably is a smaller pot
[2:04:56] that I'm talking about here.
[2:04:57] I'm more concerned by why anybody thinks like something other
[2:05:02] than commercial should be here.
[2:05:03] This is what this is and it's taken two years
[2:05:07] Defined someone in these guys have been it did nothing but professional plans
[2:05:11] We were very concerned about the neighbor getting a bunch of cars behind because that's it would become the Atlanta and
[2:05:19] If they could put in cars behind
[2:05:21] Right behind their house
[2:05:23] Isn't it a problem there was surge and you correct it?
[2:05:26] I mean, I don't want to like no, I'm just saying there wasn't a problem. I think they will let you know that I showed up on the
[2:05:33] I wasn't been one argument with the about her.
[2:05:35] I showed up.
[2:05:37] They made me aware of it.
[2:05:39] I went down to the town.
[2:05:40] The town said this is a major mess.
[2:05:43] I went down to the water department.
[2:05:44] They said, I don't even know what to do.
[2:05:47] They're complaining.
[2:05:49] They don't know why it went across it.
[2:05:51] The town said it's not out land.
[2:05:53] I got stuck with it.
[2:05:54] I used my own engineers.
[2:05:56] I brought it off his property.
[2:05:58] I brought it into the road easement.
[2:05:59] And I paid the $42,000 bill and never received any money from anybody else.
[2:06:05] I remember you fixed in it.
[2:06:07] I'm not even here to talk about that.
[2:06:09] I'm just, there's a couple other about her is that mentioned at the last meeting
[2:06:15] like it's not that residential feel of the neighborhood.
[2:06:19] I just don't understand what's going on.
[2:06:20] I've been with this.
[2:06:21] This is Route 6 at the corner and when all those houses were bought, they knew that
[2:06:27] Route 6 was either on the other side or on this side.
[2:06:30] The poor neighbor that's at 294, I felt bad the whole time for.
[2:06:35] His job situation is absolutely horrible, but that's nothing like anybody could have bought
[2:06:40] this lot.
[2:06:41] This was marketed for, I want to say, six to seven years.
[2:06:45] Oh, time.
[2:06:46] I live in Somerset.
[2:06:47] I've been driving by for 10.
[2:06:49] One day, I'm a homebuilder.
[2:06:51] That's what I do for 11.
[2:06:53] And I drove by and I said, and this is never ever going to sell.
[2:06:56] Let's turn to the old highway.
[2:06:58] You got to take it down.
[2:06:59] You got to do a 21-year.
[2:07:00] You got to celebrate it.
[2:07:02] And I have an offer on my desk from up high up
[2:07:05] in this offer, a Taco Bell.
[2:07:08] And I got caught up in this slide's very district zoning,
[2:07:11] which says, no drive through.
[2:07:13] Whoever came up with that back in the day destroyed the lot.
[2:07:16] The lot was unselable.
[2:07:18] I had five other different interests in the lot.
[2:07:22] But Taco Bell that's going in,
[2:07:24] there's an offer at my house on my desk for more money. I lost it because
[2:07:30] So now I took the property to town vote. The public all agreed. This is a commercial property. I feel like I'm defending a commercial property. I just don't even understand it. I've been nothing but nice to the neighbors. There's another neighbor that's going to get up and tell you every single reason why something shouldn't be built here. I don't get it. And he's going to say that he's pro business. I don't understand that either. I'm a town resident. I stepped up. I'm selling this property at this town.
[2:08:00] point because I had to go to town vote for over $75,000 less than I have into the property.
[2:08:06] If anybody here did this for the town, they'd probably be talking about it.
[2:08:11] So I just want to kind of get all that out and that's it, okay, you know, thank you.
[2:08:18] Thank you.
[2:08:18] Thank you, appreciate it.
[2:08:23] Anyone else?
[2:08:34] Like we're in from 1994, sleep very well, of art, and thank you, Jamie, for everything
[2:08:39] you've done in that.
[2:08:41] You've done more than anyone else.
[2:08:45] I have a couple questions about some of the plans still,
[2:08:48] but I don't want to direct it to the board.
[2:08:51] I do have one thing I want to say.
[2:08:53] Everything's going pretty smoothly as far as this is going.
[2:08:58] I will wear that.
[2:09:00] Someone on this board was also involved in this purchase of this property.
[2:09:04] I don't want to see a conflict of interesting turn into a problem.
[2:09:09] should that be a problem?
[2:09:13] Who was one of the select minutes, sold the property, initially, that when was a tone
[2:09:19] surplus property, is now on this board, and for now I understand that would be a
[2:09:23] considerable.
[2:09:24] Yeah.
[2:09:24] Would you consider how that would be?
[2:09:26] Yes, obviously.
[2:09:27] What's that you?
[2:09:29] I don't recall doing that.
[2:10:25] Okay.
[2:10:25] What the gentleman is handed me is a deed that was signed by the three board of
[2:10:32] I've told before 2019, pursuant to a vote taken under Article 4 of the December 3, 2018 special town meeting.
[2:10:43] So Mr. Monus's signature is on page 2. He's carrying out his executive duty on behalf of the town.
[2:10:50] This was a lot by vote of the town.
[2:10:53] I just want to make sure it's not a problem.
[2:10:55] I'm not trying to tell you.
[2:10:56] I don't see it as in.
[2:10:56] I just want to make sure that the citizen's turning into like this one or three.
[2:11:00] He's like three executives of the town and he was, he was bound to sign it because that's
[2:11:04] with the town.
[2:11:04] Okay, that's what I just got.
[2:11:06] That's okay.
[2:11:07] That's the where of that.
[2:11:08] That's good.
[2:11:08] There's no that was like a legal problem.
[2:11:10] That's good.
[2:11:11] There's no that's fine.
[2:11:12] But like so.
[2:11:13] Yeah, I don't want to see like on a month.
[2:11:15] This weird thing happens.
[2:11:19] So, the snow removal that we've discussed.
[2:11:23] Just direct the question to me.
[2:11:25] Yeah, I'm sorry.
[2:11:26] I'm just looking at the map.
[2:11:28] All right.
[2:11:28] I had requested that they basically cut it in half and they're made an indication that
[2:11:32] they did.
[2:11:33] I wanted to make sure that that's actually going to be into fruition here.
[2:11:37] It's not going to be talked about.
[2:11:38] And then all of a sudden they decided not going to do it that way.
[2:11:42] Is that the conditions?
[2:11:46] The snow storage area is on the plan.
[2:11:51] So there's no storage area that they present on this place as what they presented to the board.
[2:11:56] They have represented that they have to go back to the planning board as the approval authority for the stormwater.
[2:12:04] And that they represented that there would be some discussion with the planning board in that capacity about the snow storage area.
[2:12:13] Right. I requested that they basically cut it in half.
[2:12:15] like there's a, like a dotted line there, and they seems that they were receptive to that.
[2:12:20] I just want to make sure that's actually going to be.
[2:12:25] That's not what's shown on our plan.
[2:12:27] So no, that is not what's shown on this plan.
[2:12:30] They're showing the whole, like, I think you will line through in a copy.
[2:12:35] Just as they show this area.
[2:12:37] Well, I requested that they would just take this section all the way and use the section.
[2:12:44] that's probably on the plans presented to us.
[2:12:47] They can comment on that.
[2:12:49] And the other thing was, is that a retaining wall below that snow removal area?
[2:12:54] Is it just curbing?
[2:12:58] They can answer that question, but I believe the plan is so retaining wall that is like an else,
[2:13:04] like an end.
[2:13:05] Yeah, the side with a line of heat garage, and then that runs behind the residential property, correct?
[2:13:12] That's correct.
[2:13:13] How far away is that from the property line?
[2:13:18] Is it on the property line or is it close?
[2:13:20] It's with in our property.
[2:13:22] It's in your property.
[2:13:24] It's on our property.
[2:13:29] As far as that being like.
[2:13:31] It's at a structure or is that just.
[2:13:34] Part of like.
[2:13:36] The grade and.
[2:13:37] It's like a block structure that could.
[2:13:40] For a wall.
[2:13:40] Okay.
[2:13:40] Would that be considered a structure that we part of a set back or anything like that?
[2:13:45] No.
[2:13:45] Okay.
[2:13:47] So I'd more like a fence.
[2:13:49] Okay, so if we can sort of basically call a fence or something.
[2:13:52] So there's no rule in this.
[2:13:58] Then I think that ends with my questions and good luck.
[2:14:02] Thank you.
[2:14:03] Thank you.
[2:14:04] Anyone else?
[2:14:15] Good evening.
[2:14:15] Mike, where are six Bradley have?
[2:14:17] Just a couple of questions for clarification.
[2:14:20] Six.
[2:14:21] What else are Bradley have?
[2:14:23] Just to piggyback the former,
[2:14:25] like a neighbor in the neighbor who they're
[2:14:27] with the comment about the noise or answer.
[2:14:30] I know an article 34, the 17 decibel came up
[2:14:33] when we talk about impact guns and pneumatic guns,
[2:14:37] depending on the making model of a commercial impact gun,
[2:14:40] that's about 9 to 95 decibels on average.
[2:14:45] And then a pneumatic gun is about 114 to 120.
[2:14:49] So again, with the operation that myadakeeth presenting,
[2:14:52] they do tires, they do oil change,
[2:14:54] do car repairs and all that. It's just hate to see like you know an issue already right off the
[2:15:00] We're back at the project, not even round up yet, and there are already potential for issues with violation
[2:15:05] of noise ordinances already in town. I guess that other question I had, too, for the board.
[2:15:11] I understand that there's a pylons, I don't know, front, but is there any consideration
[2:15:15] of illuminated building mounted sign as well? I know, up to 20,000 square feet within the bylaws.
[2:15:22] I think an applicant is available to provide two wall signages, but I didn't see anything in the
[2:15:29] any building mounted signage so just for again for another consideration since there might be
[2:15:34] conditions in there as far as what time signage and lives get shut down if there's, you
[2:15:40] know, wall signage is included on the building as well maybe those should also be considered
[2:15:45] as part of times of evening that those lights should be shut off as well. So they don't have any
[2:15:52] wall signage shown on the plants they would have to. They're going to have them. They're going
[2:15:56] I love that. I love that. I'll have to come back. Okay,
[2:16:04] and then just for my own clarification is this
[2:16:09] I guess parcel still considers part of the overlay district or no
[2:16:14] It was removed at the last time of the year. Okay. That sounds good. I mean the only comment that I have again
[2:16:20] It's really like the traffic which
[2:16:22] You know the applicant's attorney like previously said you know about 25 cars a day or something
[2:16:28] but the post-curve cut inches is more or less less than 120 feet away from route 6 at that
[2:16:34] light, which does not have a dedicated right turn. So just for context, it's about four cars
[2:16:39] coming off the light's due turn kind of quick. So there is what somewhat concerned
[2:16:44] with cars pulling in and out to the proposed establishment here, right off of break enough.
[2:16:50] As it is now, I mean I think at the planning board, one of the blue was the clerk that I mentioned
[2:16:54] that I think it's CPED and in the case of this current intersection right now is like
[2:17:00] top 100 works intersections and that's no disrespect to you it's going to come up in any
[2:17:05] business that comes in here it's okay is there this intersection yes a great
[2:17:11] magnitude and slates very bold that is one of the hundred worst intersections that's correct
[2:17:16] this with the clear connection no stop sign three stop right now the only stop signs on the other
[2:17:23] That's correct. That's what the planning board clerk had indicated.
[2:17:27] It's an issue, no matter what goes there, but again, just the resident of the neighborhood,
[2:17:32] just something to consider.
[2:17:34] I mean, I wish them all the best. I think they're making great considerations in here.
[2:17:38] It's just, again, you know, with the one that lives probably hundreds of something
[2:17:42] feet away and a couple of other neighbors is a six day operation.
[2:17:45] What Saturdays, people do work, home is a place of rest.
[2:17:50] I think they made really good considerations to try to minimize the noise in the site.
[2:17:55] I think the site is the best way, right?
[2:17:58] You got to, uh, there's not a church across the street from this proposal site in there, too.
[2:18:03] I don't know if it makes sense to, you know, or maybe it has been considered, I don't know if
[2:18:06] the applicants have maybe rotating the building 90 degrees, so those bays directly face directly
[2:18:12] out towards the site's ferry.
[2:18:13] You'd still have the same presence on Route 6 for advertising, and still have the, uh, the
[2:18:18] line sign up front you still have building signage up there but all the bays now would face
[2:18:23] out towards Slatesfaring out towards Route 6 and the back of the building would be more
[2:18:29] less back towards the uh the a butter not towards Slatesfaring Road and then you can utilize that
[2:18:36] existing curb cut on Slatesfaring coming off which potentially wouldn't back off so many cars
[2:18:42] coming in off of Route 6 on the Britain. Don't know if that's been considered.
[2:18:50] There is already an existing,
[2:18:53] so it's not necessarily proposed it exists there already.
[2:18:58] When I apologize him, it's just like his suggestion would be, it's just maybe,
[2:19:04] if it has been considered a sighting this building on site, perhaps rotating it with a 90,
[2:19:10] I mean if they would still come back for a variance, but it would fit that way,
[2:19:14] But again, they would orientate the building where everything
[2:19:17] faces down, root six, and also sleeds.
[2:19:20] Noise would be dispersed down, root six versus out,
[2:19:24] and potentially around the neighborhood as well, too.
[2:19:26] The business could still operate, which six
[2:19:27] bays in there, different considerations for traffic.
[2:19:33] I know the applicant had mentioned that also
[2:19:35] too, like there's walls packs on there.
[2:19:38] So when those are dark sky compliant, I don't
[2:19:40] know if the foot canals are, there's no four
[2:19:42] magic plan that we're providing in there too, no, we discussed that as two, but
[2:19:46] this is all just, again, there's some observations that considerations for the board to
[2:19:50] consider prior to making a motion.
[2:19:53] So they've represented that these features, these light fixtures will not
[2:19:57] causing light pollution off the property. So if that's in the decision, then if that
[2:20:02] doesn't fact happen, then that's the buildings, right there's the influences that
[2:20:06] maybe back here again.
[2:20:09] understood just the way to like you know if there's a way for the board to see
[2:20:13] now before there could be a potential you know issue. I hear we're saying
[2:20:19] about the traffic but actually if the buildings rotate it as you say it would
[2:20:24] actually create more possibility of the light by them in the neighborhood and the
[2:20:28] sound the sound would be more towards the neighbors not away from them so even at
[2:20:37] Varages were faced down Route 6 because there's no neighbors down the woods laid
[2:20:44] Yeah, or face this way if you were to take the building
[2:21:00] Yeah, we have more than double parking that way you're required now because you only need seven you have 21 spaces
[2:21:12] And there's no houses here, this is a commercial coffee shop.
[2:21:17] Route 6 here going over the memorial bridge.
[2:21:20] This is all laid down this way.
[2:21:22] So if you were to take this here,
[2:21:24] we'll just go down to a commercial versus the way it's currently out.
[2:21:29] And then the back of this building, I would be here.
[2:21:32] And then with the, a butter's concerned about snow, snow would be here.
[2:21:37] There would be no need for a provision for a line or any other additional.
[2:21:40] but you've already looked at it, so yeah, and it closes up, it closes up some of that parking and this whole snow removal area, so now that would all come out of the parking space.
[2:21:55] Are you good?
[2:21:55] So I appreciate the time.
[2:21:57] Thank you.
[2:22:02] I just got a couple of things out of you for a month.
[2:22:09] Yeah, whoever wants to address you.
[2:22:11] as far as the quote about the decibel levels of the equipment that he's talking about, that's
[2:22:19] at the source, that's not at the property line, that's not off. So that's not relevant to what
[2:22:28] with the by-law shows and what is that.
[2:22:30] Actually, the operation. We looked at all options as far as how to orient the rotation of the building, how it functions and everything. This is the only way that this building functions.
[2:22:43] And it's the best sighting for the building for all parties, for the neighborhood, for the client, for basically for this operation. There's no way to do it in a different way.
[2:22:59] The building itself, so the back of the building is obviously basically it's very, no
[2:23:05] actual wall that faces the other side right now.
[2:23:08] So the construction of the building itself, can you speak to how that might get in some
[2:23:14] of the noise?
[2:23:15] That's a solid wall, it's not a, there's just a door penetration to that vinyl area of
[2:23:22] final fence area, but it's pretty much that's that's where you get the maximum
[2:23:27] reduction in any kind of noise. Is it a metal bill that you put in a metal
[2:23:32] or is it brick or a block?
[2:23:37] Metal bill. And you're going to insulate that.
[2:23:39] It's going to be insulate.
[2:23:43] It's a metal bill in this.
[2:23:45] Yes. But it will be insulated.
[2:23:49] So believe me, I look at all these, when I design a project, I'm always looking at it
[2:23:56] from everybody's perspective, because this is where I'm going to end up with the project,
[2:24:00] and that's why I want to make sure that I'm looking at all those things.
[2:24:07] So, okay.
[2:24:08] You'll be sitting there, so.
[2:24:09] Yeah, I'm just going to chair just another quick thing.
[2:24:13] The way that this is positioned to the neighborhood,
[2:24:17] I live currently next to Bristol
[2:24:19] Marine, and this board, I believe, approved a variance for a rather large building maybe 300
[2:24:25] feet long to put boats in.
[2:24:27] Literally is 50 feet off of my property line. My whole neighborhood was upset. I was the biggest
[2:24:36] affected right next to me. I'm going to tell you all the other people that had uses on this
[2:24:42] property. This is more of the neighbors. It's been landscape yards, fence companies. It's a lot
[2:24:50] of stuff. It's a lot of mess in the open. What I'm pointing out with this building, the way
[2:24:54] that they have the back to the neighborhood is in my situation.
[2:24:58] I didn't know it.
[2:24:59] It was a best thing that ever happened to my property.
[2:25:02] I was looking across three acres of boat stands and boats and people
[2:25:07] grinding on, it cleaned my whole property up.
[2:25:10] This is kind of going to be the best scenario with this for the
[2:25:14] residential in the back of it.
[2:25:16] It is going to clean it up a lot.
[2:25:18] Compared to if somebody could build on this property and have the
[2:25:25] Well, you don't with the opuxula.
[2:25:29] Yes.
[2:25:29] Because I was involved in that when I was on a planet board.
[2:25:33] And for me, I mean, I know a lot of the neighbors didn't really love it, but it turned out to be one of the better things.
[2:25:38] Because we were just looking at, I wanted to tell you how much trucks, cars, everything.
[2:25:44] This back of the building for at least these neighbors is at least going to block the day to day.
[2:25:50] And the point on the decibels on an egg on that's when you pull the trigger.
[2:25:53] The by-law says on the property line, that's where they do the test, is that the property
[2:25:58] line not at the actual A-gun.
[2:26:01] All of our businesses, Rollins, everybody has the A-guns, but we're going to put everybody out
[2:26:07] of business.
[2:26:08] It's just part of life.
[2:26:09] We all need our cars, worked on and service.
[2:26:12] But I just wanted to point that up because I think maybe nobody knows it now, but this is
[2:26:17] like one of the best scenarios to get the blank back of a building to a residential area.
[2:26:24] and set up the working end of it, you know?
[2:26:28] I'm glad it worked out for you where you lived with the boat yacht,
[2:26:34] because myself and Don said it's we're involved in that.
[2:26:38] We brought them people down.
[2:26:40] And we had everybody who wanted to kill us.
[2:26:43] But then everybody fell in love with it.
[2:26:46] So that was a good thing.
[2:26:47] Yeah, I just wanted to say that.
[2:26:56] It's up to you whether you want to go first or second.
[2:27:00] Okay.
[2:27:01] I just want to say one thing.
[2:27:03] Listen to you, you're right.
[2:27:04] Because the Taco Bell would be way worse.
[2:27:08] Food all over the place and everything.
[2:27:11] So.
[2:27:11] The border.
[2:27:13] Okay.
[2:27:14] You know, I'm going to take everything back.
[2:27:17] Oh, if I should, but I am.
[2:27:20] There were scenarios.
[2:27:21] I'm looking at the bell of McDonald's or something that would be like chick-flay chick-flay
[2:27:28] That would be worse and you might be right at least we're having the back of it and
[2:27:35] It won't be drilling every two seconds. So
[2:27:39] Can I shoot you don't have to take it back you don't have to take it back because I agree or it's not I'm like no
[2:27:45] Right this could be way worse
[2:27:48] It's going to be worse.
[2:27:50] So food, bug, you live in the neighborhood that the back of that building is going to be facing, correct?
[2:27:57] That's where most of the neighborhood is.
[2:27:59] The only real, second house, so the real, direct, a butter is the gentleman that came up.
[2:28:09] And it sounds like he's all for this movement.
[2:28:12] He doesn't have a pool. He doesn't hang in his yard all day. If I didn't have a pool, I wouldn't
[2:28:18] have it said that.
[2:28:20] And listening to everyone like yourself, I'm, yeah, the Bayes, the work Bayes, are facing
[2:28:26] root sex. Right. They may not be directly facing root sex or being being, you know, whatever
[2:28:31] is down there. But most of that noise is going to be directed away from you. Right. Now,
[2:28:36] I don't know which way you travel to get home,
[2:28:39] but if you decide to go Route 6 to Brayton Point,
[2:28:42] by me, Brayton Avenue,
[2:28:43] yeah, you're probably gonna hear some hurt, huh?
[2:28:45] Yeah, well, I don't think there's another,
[2:28:47] how long the way?
[2:28:48] Well, he mentioned Taco Bell, I was like, oh, Lord.
[2:28:51] No, we don't.
[2:28:52] No, because he actually,
[2:28:53] John, I thought I'd be a lot worse
[2:28:55] because I was going to say I'm exactly right.
[2:28:57] And then you're dealing with dumpsters,
[2:28:59] you're dealing with food,
[2:28:59] you could be dealing with rodents.
[2:29:01] Right, so this is, yeah.
[2:29:03] Yeah, stay in open till midnight.
[2:29:07] So don't worry.
[2:29:08] We're good.
[2:29:08] All right.
[2:29:09] OK.
[2:29:09] Thank you.
[2:29:12] How was the audience going to talk about such a was?
[2:29:15] I have the honor of our hours.
[2:29:17] 19 trim and a half.
[2:29:19] We're not against business and the neighborhood.
[2:29:23] So I think we want a good neighbor in our neighborhood.
[2:29:29] right, and so it's really great to hear. He's been recognized. In other communities, you know,
[2:29:36] we do want that partnership. I think as you've heard, the two biggest concerns is, you know,
[2:29:42] noise and light. Some very happy to hear the discussion around the sign and the light in the
[2:29:48] parking lot. So we can limit the hours of most businesses shut off their giant lights and signs
[2:29:56] When that business is closed, I'm so I don't even know
[2:30:00] If it would need to be until 9 PM at night. Maybe that's earlier. It sounds like this business will really only be open mostly during daylight hours anyway.
[2:30:10] And the parking lot lights should take care of, you know, if they go automatically on and off, when people go in, people should be able to come in and do the drop off thing.
[2:30:21] for the noise, I hope that our noise ordinance would help protect us and that.
[2:30:28] You know, I don't know if this, if you would want to do a noise study in advance, because that would prevent, hopefully show that they would be able to stay within the noise ordinance and prevent any.
[2:30:39] He has to stay within the noise ordinance.
[2:30:42] That's it's good to hear, but I wouldn't want to set us up for a battle in the future.
[2:30:50] So, you know, if he could know that he would be able to stay within that seven eight.
[2:30:57] I mean, air guns are a lot louder than that.
[2:31:00] As I said, sometimes they go up to a hundred or over a hundred if they're heavy duty.
[2:31:05] The property line is not far away, right?
[2:31:09] Hopefully the business would, the building itself would prevent that from going into the neighborhood,
[2:31:16] but I don't know that we know that, right, where just, we're hoping that it would.
[2:31:24] Thank you.
[2:31:25] No, good.
[2:31:26] Anybody who comes here with these, that's, you have the absolute right to do that,
[2:31:34] and represent your opinion.
[2:31:37] So don't ever feel bad about someone here because I mean,
[2:31:39] if you don't advocate for yourselves, then we do what we do, but you live there.
[2:31:50] So you shouldn't advocate for yourselves. So don't ever feel bad about someone you're
[2:31:54] not saying anything. We had businesses. Yeah.
[2:31:57] Neros, that haven't been kept up, haven't been taken care of and haven't been good neighbors
[2:32:03] to the community. So that's just, that's really what we want to make for our people.
[2:32:09] So, and it does sound like you'll be a good neighbor to it in your days.
[2:32:13] And I encourage you to take a ride down 44 mm.
[2:32:17] You didn't even see it in a while.
[2:32:19] I did. I did.
[2:32:22] I don't have to sell it any more.
[2:32:25] You've been doing it.
[2:32:27] I work it off just like that.
[2:32:29] Please write down the truth.
[2:32:31] I do people with that.
[2:32:32] I need more additional service.
[2:32:34] What?
[2:32:37] this is only going to be the most mighty we can't do business
[2:32:41] commuters so I mean just in summary I I I I'm reading the room correctly I
[2:32:51] think the concerns have been addressed I think the noise by law will adequately
[2:32:57] address the concerns of noise I mean certainly he's on notice that that's a
[2:33:02] sir in the neighborhood, and he's unnoticed that he needs to comply with it, and they'll have to take all measures to do so.
[2:33:10] So I would ask that the petition be granted as presented.
[2:33:18] I don't, I do believe he agreed to shut the main light off at the hours suggested, and to have the landscaping along the rear order.
[2:33:32] As far as the snow area, I think we're in agreement that will be addressed during site plan review.
[2:33:39] So with that said, I, if there's no more questions, I would ask that the petition will be great.
[2:33:44] I just do a one more question.
[2:33:46] So I would like to see a condition that you submit a photometric plan when you apply for the building permit to the buildings back there.
[2:33:55] or rather wise, the other option would be
[2:33:59] we continue this and just submit a photometric plan.
[2:34:02] I think that's part of it.
[2:34:03] Yeah, because the photometric plan
[2:34:06] will be shown on the screen right off the side.
[2:34:09] Yeah, only because we're a little bit sensitive to that,
[2:34:14] because we've had some issues in the past.
[2:34:17] So I think that if that plans submitted
[2:34:19] to the buildings, but when you get the building permit,
[2:34:22] That just shows that and that's a condition in this decision. I think that that would that would help
[2:34:28] I don't want to continue this to say oh come back next month with a four-metre plan, right?
[2:34:32] I mean, I mean, I mean, it's not going to change anything
[2:34:35] You've represented that that that the life's going to be contained in the property
[2:34:39] It's just we're just submit that plan to the building expected then. Then it's just documented
[2:34:44] Right
[2:34:44] a building for a bit. Yeah. A poor electric plant showing
[2:34:48] compliance with. Right. It's a made of the building. Yeah, good. These
[2:34:53] disowning enforcement officials. Yeah. Okay. Yes. Yeah. Okay. All right. Anybody
[2:34:59] else have any other questions on this? No. Okay.
[2:35:04] So just to make sure just to
[2:35:06] go through and make sure we have everything. You need a variance for the
[2:35:16] It's very correct. And that's the only stuff I have the fairies that you meet correct.
[2:35:26] Okay, yeah, yeah, it goes around the corner.
[2:35:32] So that would basically be a rare inside the odd variance.
[2:35:38] You want to do it because it's a corner lot.
[2:35:40] I think the bylock considers them both both front but we can do that.
[2:35:44] What do you want to do this?
[2:35:47] That's then you need to require for the special permit in 7.5 and 7.6 the plan development.
[2:36:02] So the only thing in the plan development is there is a requirement that
[2:36:27] any lot of plan
[2:36:28] which is adjacent to a residence or any building or a lot of use for the one purpose
[2:36:31] any different shabby provided with a continuous wall of solid appearance or a tight
[2:36:36] evergreen head, six feet high, a long apparel out to set a lot of lines, such hedge and I
[2:36:43] stand within 25 feet of the front line. So, right now, what you have is that retaining wall,
[2:36:50] along the property, the residential property line, I believe, along the retaining wall, there's
[2:36:55] also a six foot fence, right, proposed.
[2:36:57] So that satisfies that requirement, right?
[2:37:00] Yes, so that's, and then that should be it.
[2:37:05] It should be better than that, and anybody have anything else?
[2:37:09] So we have the hours of, so when the individual had the hours
[2:37:13] of operation, 730 to 6 when they were Friday, 8 to 4
[2:37:18] on Saturday, closed on Sunday, we have something in there
[2:37:21] that the sign is shut off between 9 and 6 to 9 p.m.
[2:37:27] the free standing side.
[2:37:28] The free standing side.
[2:37:29] Correct.
[2:37:30] The lights, the other lights have to stay up to security purposes. If you have an online building.
[2:37:37] The dumpster, the picker whether the dumpster shouldn't be before 630 in the morning, the same as when the lights are coming to come back on the side.
[2:37:49] There's something like that.
[2:37:50] Yeah, we can use a 30. That's fine.
[2:37:55] Yeah.
[2:37:56] So the dumpster would pick up would be not after.
[2:38:01] not really the 6.30 a.m. and no later than what I didn't want here in the 30 p.m.
[2:38:09] Yes, that's fine.
[2:38:14] I'm making motion. We approve the application with the, uh, the, uh, the, um, the
[2:38:20] conditions and the function and the photo.
[2:38:23] And the.
[2:38:24] And it should be a finding, uh, that stricken forcement of the setback by law would result in a
[2:38:31] practical difficulty due to the shape of a lot.
[2:38:34] Yeah, yeah.
[2:38:35] Yeah.
[2:38:35] Oh,
[2:38:37] good.
[2:38:38] I made that moment.
[2:38:39] I made the motion.
[2:38:40] I made the motion.
[2:38:40] I made the motion.
[2:38:42] Second.
[2:38:44] Then I'm going to.
[2:38:45] The Motorcycle.
[2:38:46] Steve Cadder and I.
[2:38:48] So it takes about a week.
[2:38:49] There's a 20 day of field period.
[2:38:52] There's no real field of things.
[2:38:54] Very good.
[2:38:56] You know that.
[2:38:57] I appreciate it.
[2:38:59] Thank you.
[2:39:00] Good luck with that.
[2:39:01] Good luck.
[2:39:02] Thank you.
[2:39:03] Yeah.
[2:39:03] Yeah, yeah, yeah.
[2:39:05] Oh yeah, yeah.
[2:39:06] Good night.
[2:39:07] Thank you.
[2:39:11] Thank you so much.
[2:39:14] Okay.
[2:39:19] Bye, shoot.
[2:39:22] Thank you.
[2:39:24] Step, would you like to continue?
[2:39:26] Keep that in.
[2:39:35] Anything else on your agenda sir?
[2:39:39] So I'll review and include in the correspondence of the invoice when I'll have any.
[2:39:43] I did the review and I'll prove the minutes of August 6, September 10th and September 17th.
[2:39:49] All right, make a motion that we approve the minutes of August 6, September 10th, September 17th.
[2:39:57] Second.
[2:39:58] Steve Bauder-Sai.
[2:40:01] Steve Cateren-I.
[2:40:02] Motion to withdraw.
[2:40:03] Motion to a June.
[2:40:05] Second.
[2:40:06] Ben on Miranda-I.
[2:40:07] Steve Bauder-Sai.
[2:40:08] Steve Cateren-I.