1 00:00:04,030 --> 00:00:05,350 Michael Oh, sorry. 2 00:00:05,470 --> 00:00:10,190 Michael, is your is your cell phone turned off? Yes, I'm sorry. 3 00:00:10,830 --> 00:00:12,950 His phone went off one time and I. 4 00:00:13,610 --> 00:00:14,410 Lot of action. 5 00:00:15,750 --> 00:00:17,070 OK, I'm going to. 6 00:00:17,270 --> 00:00:20,390 Call this meeting of the Board of Zoning Appeals to order. 7 00:00:20,510 --> 00:00:23,350 I'm Bridget. Have the Freedom of Information Act requirements been met? 8 00:00:24,290 --> 00:00:25,160 Thank you. 9 00:00:26,070 --> 00:00:30,990 Do I hear a motion to approve the minutes from the September 10th meeting? 10 00:00:31,670 --> 00:00:32,670 I moved to. 11 00:00:32,830 --> 00:00:33,550 Prove the minutes. 12 00:00:34,310 --> 00:00:35,790 The September 10th meeting second. 13 00:00:36,470 --> 00:00:38,070 All in favor signify by saying aye. 14 00:00:38,630 --> 00:00:40,110 I like signimposed. 15 00:00:40,430 --> 00:00:41,550 Minutes are approved. 16 00:00:42,470 --> 00:00:47,240 We board approval of chair and vice chair. We do this annually. 17 00:00:47,710 --> 00:00:51,590 The current chair is myself. The current vice chair is Michael. 18 00:00:52,430 --> 00:00:56,750 Is there anyone else who would like to serve in these positions? Or is there a motion to? 19 00:00:57,550 --> 00:00:58,270 Reappoint. 20 00:00:58,950 --> 00:01:01,590 I will make a motion to reappoint the chair and vice chair. 21 00:01:02,150 --> 00:01:02,590 Is there? 22 00:01:04,700 --> 00:01:06,280 Michael, any opposition? 23 00:01:06,430 --> 00:01:07,790 No, I'm not gonna close that. 24 00:01:08,310 --> 00:01:08,870 Thanks. 25 00:01:08,950 --> 00:01:10,670 All in favor signify by saying aye. 26 00:01:11,310 --> 00:01:12,550 I like sign. 27 00:01:12,830 --> 00:01:13,590 Thank you. 28 00:01:14,350 --> 00:01:15,950 And we have. 29 00:01:16,430 --> 00:01:19,350 The approval of our calendar. 30 00:01:19,750 --> 00:01:21,390 For next year. 31 00:01:21,510 --> 00:01:23,550 If this has to be published. 32 00:01:24,550 --> 00:01:27,110 I'll make a motion to approve the calendar for next year. 33 00:01:28,060 --> 00:01:29,820 May I? May I jump in? 34 00:01:30,070 --> 00:01:32,350 Yes, you may. We already approved it, Charles. 35 00:01:32,990 --> 00:01:33,950 Before you vote. 36 00:01:34,590 --> 00:01:38,510 The calendar has one date on it that we need to discuss. 37 00:01:38,750 --> 00:01:41,990 The schedule would be for November 11th. 38 00:01:42,550 --> 00:01:47,550 That would be the second Thursday in November. Which is better. Instead, we will be closed. 39 00:01:48,640 --> 00:01:52,200 Staff is recommending that we move it to Tuesday, November 9th. 40 00:01:55,610 --> 00:01:57,440 Why not the next? 41 00:01:57,830 --> 00:02:00,070 Thursday or is there another standing meeting? 42 00:02:01,300 --> 00:02:02,960 Why not the 18th? 43 00:02:04,380 --> 00:02:09,800 It could be the 18th and then the submittals for December could be due the 19th. 44 00:02:09,950 --> 00:02:12,310 But it would just push us into a shorter. 45 00:02:12,430 --> 00:02:13,870 It might short month. 46 00:02:14,470 --> 00:02:16,110 For the December meeting. 47 00:02:16,190 --> 00:02:20,430 And there's a Thanksgiving holiday, Yeah, that's about the 18th. Might be a little close to the. 48 00:02:20,830 --> 00:02:21,910 Thanksgiving holiday. 49 00:02:22,510 --> 00:02:23,590 But it's. 50 00:02:23,670 --> 00:02:24,800 But it can be that. 51 00:02:25,230 --> 00:02:25,950 There's not a. 52 00:02:26,550 --> 00:02:27,510 Hard reason. 53 00:02:30,010 --> 00:02:34,240 The alternative would be doing it the first Tuesday instead of the second. I mean the first. 54 00:02:34,430 --> 00:02:35,710 Thursday instead of the second. 55 00:02:35,910 --> 00:02:37,190 Any opinion on that? 56 00:02:37,910 --> 00:02:38,430 So like 1/4? 57 00:02:39,790 --> 00:02:40,710 The 4th. 58 00:02:40,790 --> 00:02:42,110 The shortened Dr. or whatever. 59 00:02:44,150 --> 00:02:44,830 Yeah. 60 00:02:45,790 --> 00:02:48,950 Oh, I see what we're trying to do. Yeah, it would. It would just. 61 00:02:49,070 --> 00:02:49,830 Shorten the uh. 62 00:02:50,230 --> 00:02:51,310 Time for the October. 63 00:02:51,430 --> 00:02:54,390 Between the October submittals and the November meeting. 64 00:02:54,830 --> 00:02:58,350 And it won't run into any other town meetings on Tuesday, November 9th. 65 00:02:59,390 --> 00:02:59,870 No. 66 00:03:00,390 --> 00:03:01,670 There would not be an issue. 67 00:03:04,000 --> 00:03:06,640 As long as you give us a good lead time and remind us. 68 00:03:06,750 --> 00:03:07,510 I think. 69 00:03:08,190 --> 00:03:10,790 Which is the best you're recommending Tuesday the night? 70 00:03:12,050 --> 00:03:13,610 If it pleases the UH board. 71 00:03:13,830 --> 00:03:14,190 OK. 72 00:03:16,030 --> 00:03:16,990 Will the board accept that? 73 00:03:17,270 --> 00:03:18,590 Yeah, Tuesday, November 9th. 74 00:03:18,990 --> 00:03:19,870 OK. All right. 75 00:03:21,400 --> 00:03:28,760 So with the modification of changing November 11th, Tuesday, November 9th, I move that we approve. 76 00:03:29,390 --> 00:03:30,630 The amended. 77 00:03:31,970 --> 00:03:32,640 Calendar. 78 00:03:33,550 --> 00:03:34,270 Is there a second? 79 00:03:36,480 --> 00:03:38,720 All right, all in favor, signify by saying aye. 80 00:03:39,190 --> 00:03:40,710 I like sign opposed. 81 00:03:41,230 --> 00:03:42,030 Approved. 82 00:03:42,150 --> 00:03:44,590 All right, we have one item before us. 83 00:03:45,030 --> 00:03:46,640 A special exception. 84 00:03:47,390 --> 00:03:52,200 Request for a historic accessory dwelling unit 2250 Myrtle application. 85 00:03:52,950 --> 00:03:57,050 Approval. The special exception for the historic structure on the property to be used as an accessory dwelling unit in accordance 86 00:03:57,050 --> 00:04:01,150 with zoning Ordinance sections 2120 C. 87 00:04:01,470 --> 00:04:03,750 2 and 21178. 88 00:04:04,430 --> 00:04:06,270 Charles, will you please present for the town? 89 00:04:07,070 --> 00:04:08,270 But all the other groups. 90 00:04:09,710 --> 00:04:11,470 No, that's. 91 00:04:11,550 --> 00:04:12,750 That's not how it goes. 92 00:04:14,870 --> 00:04:16,670 We're a little bit more official than that. 93 00:04:18,470 --> 00:04:20,990 Thank you, Madam Chair. Good afternoon, everyone. 94 00:04:21,630 --> 00:04:29,310 This is as was stated at Historic Adu Special Exception request for the property at 2250 Myrtle Ave. 95 00:04:29,870 --> 00:04:31,350 Located at the corner. 96 00:04:31,790 --> 00:04:33,670 Of station 22 1/2. 97 00:04:33,750 --> 00:04:34,870 And Myrtle Ave. 98 00:04:35,430 --> 00:04:38,030 Just as you come onto the island off the Causeway. 99 00:04:38,830 --> 00:04:43,590 Here are a couple of pictures of the property on the right hand side of the screen. This is. 100 00:04:44,070 --> 00:04:46,950 Facing from Myrtle and this is the view coming. 101 00:04:47,720 --> 00:04:49,360 Leaving the island from. 102 00:04:49,790 --> 00:04:51,150 Station 22 1/2. 103 00:04:53,420 --> 00:04:55,240 Here's an aerial just. 104 00:04:55,430 --> 00:04:59,830 With an arrow pointing to the property here on the map for some context. 105 00:05:00,110 --> 00:05:02,830 And then this is our historic resource map. 106 00:05:02,910 --> 00:05:05,590 You can see this property is highlighted in red. 107 00:05:06,470 --> 00:05:09,310 Indicating it's a traditional island resource. 108 00:05:09,550 --> 00:05:17,350 And this property is located within the Atlanticville Local and National Register historic Districts, which are. 109 00:05:17,790 --> 00:05:21,510 Highlighted in the light blue, in the blue, and then. 110 00:05:22,310 --> 00:05:23,790 Outlined in the purple. 111 00:05:27,180 --> 00:05:30,960 Here are postings on the property advertising this afternoon's meeting. 112 00:05:31,850 --> 00:05:32,530 And then? 113 00:05:33,230 --> 00:05:36,350 Here's a little bit of historic context for you. 114 00:05:36,990 --> 00:05:40,190 This is a 1917 map which shows uh. 115 00:05:40,950 --> 00:05:42,590 Small, rectangular. 116 00:05:43,150 --> 00:05:45,160 Building on the property at that time. 117 00:05:46,480 --> 00:05:52,680 And we can see that these are attempts to be accurate footprints by the shapes of some of the other properties. 118 00:05:53,350 --> 00:05:54,430 In the vicinity. 119 00:05:56,400 --> 00:05:56,960 This was a. 120 00:05:57,830 --> 00:06:02,570 Recognized in the 1987 Snyder Historic Survey and was also re surveyed in 2024 when New South came through the island to update 121 00:06:02,570 --> 00:06:07,310 the survey. 122 00:06:08,380 --> 00:06:13,640 Christina Butler has done a report on the historic progression of the cottage. 123 00:06:13,790 --> 00:06:14,430 From that. 124 00:06:14,510 --> 00:06:18,440 Small rectangular shape to the current form today. 125 00:06:19,350 --> 00:06:21,430 Here's some historic imagery of. 126 00:06:22,190 --> 00:06:24,670 The changes over time in this top left. 127 00:06:24,830 --> 00:06:27,350 Is the 1957 image. 128 00:06:27,710 --> 00:06:28,750 Which is the. 129 00:06:29,390 --> 00:06:33,510 Image that the applicant intends to restore the cottage to that form. 130 00:06:35,930 --> 00:06:36,450 Here's. 131 00:06:37,760 --> 00:06:41,920 Site plan of the existing conditions on the property and then. 132 00:06:42,550 --> 00:06:45,070 The proposed condition with. 133 00:06:45,150 --> 00:06:46,230 Cottage moved. 134 00:06:46,310 --> 00:06:49,630 Forward and towards station 22 1/2. 135 00:06:49,870 --> 00:06:53,550 To allow room for pool and a second home on the property. 136 00:06:53,630 --> 00:06:54,230 To the rear. 137 00:06:59,160 --> 00:06:59,800 This is a. 138 00:07:00,190 --> 00:07:02,750 From Christina Butler's report, this is. 139 00:07:03,190 --> 00:07:05,750 Showing the progression of the bays. 140 00:07:06,070 --> 00:07:08,030 On this house as it is, uh. 141 00:07:08,630 --> 00:07:10,070 Grown over time as. 142 00:07:10,230 --> 00:07:13,950 The family's needs have changed, so this is the original. 143 00:07:14,950 --> 00:07:20,790 Quadrant of the building this day one and this front porch was an open porch that's currently enclosed. 144 00:07:21,590 --> 00:07:25,070 Then they believed that this was the second piece that was put on in. 145 00:07:25,910 --> 00:07:27,510 Around 20s or 30s. 146 00:07:27,590 --> 00:07:28,470 And then the. 147 00:07:29,200 --> 00:07:31,960 Thark Bay and shortly thereafter the 4th. 148 00:07:32,150 --> 00:07:36,640 That's worth filled in between those, and that's the form that would be returned to. 149 00:07:36,990 --> 00:07:39,800 Slightly under 1200 square feet and then these. 150 00:07:40,230 --> 00:07:42,950 Additions from the 70s and 90s. 151 00:07:43,390 --> 00:07:46,910 Is 56 and seven would be removed from the cottage. 152 00:07:48,480 --> 00:07:50,440 And here's an illustration of that. 153 00:07:56,720 --> 00:08:03,200 The maximum allowed for Adu special exception is 1200 and this one I think clots in with this. 154 00:08:03,310 --> 00:08:04,230 Removal. 155 00:08:04,350 --> 00:08:06,270 Plan at 1193. 156 00:08:11,890 --> 00:08:13,010 Quick background on. 157 00:08:13,430 --> 00:08:15,750 August what? 158 00:08:17,270 --> 00:08:18,230 I'm sorry I got. 159 00:08:18,590 --> 00:08:19,990 A little bit of dyslexia. 160 00:08:23,390 --> 00:08:25,550 Well I have I have 1198 on here. 161 00:08:28,420 --> 00:08:30,460 All of these numbers are under 12 zero. 162 00:08:31,390 --> 00:08:32,830 We'll we'll verify that. 163 00:08:33,710 --> 00:08:39,550 August 19 TH the Design Review Board gave final approval to plans for removing the non historic addition work from this cottage. 164 00:08:39,550 --> 00:08:45,390 This approval was reached after four meetings with the board, including a site visit on the property July 7th. 165 00:08:46,070 --> 00:08:49,830 The approved plans will remove all the addition work that occurred post World War 2 and will maintain the additions to the 166 00:08:49,830 --> 00:08:53,590 original cottage that were conform. 167 00:08:53,830 --> 00:08:56,590 Confirmed to be present prior to 1957. 168 00:08:56,950 --> 00:09:01,150 And retain lumber that appears to predate the post World War 2 development boom. 169 00:09:01,830 --> 00:09:06,800 These efforts will not restore the cottage to its authentic representation of the original form. 170 00:09:06,950 --> 00:09:09,510 But we'll return the cottage to a historic form that. 171 00:09:10,220 --> 00:09:14,410 Was held during the period of significance for the Atlanticville Local and National Register Historic Districts, which is circa 172 00:09:14,410 --> 00:09:18,600 1918801950. 173 00:09:18,910 --> 00:09:21,950 And to square footage of less than 1200. 174 00:09:22,550 --> 00:09:28,150 The applicant enlisted Christina Butler, the historic preservationist professor at American College of the Building Arts. 175 00:09:28,230 --> 00:09:34,270 Building pathologist and owner and lead consultant for Butler Preservation LLC to detail the property's history. 176 00:09:34,510 --> 00:09:38,790 And establish components of the cottage that date to the period of significance for the DRB. 177 00:09:40,570 --> 00:09:44,160 As previously talked about the historic resident. 178 00:09:44,550 --> 00:09:50,350 Restoration will remove several identified non historic additions recreating the front porch of the cottage. 179 00:09:50,790 --> 00:09:55,070 And the college will remain at the same finished floor elevation, but is proposed to a new. 180 00:09:55,150 --> 00:09:57,230 Move to a new location on the property. 181 00:09:59,090 --> 00:10:04,960 With the proposed non historic removals, the cottage will go from 2309 square feet to. 182 00:10:06,190 --> 00:10:09,470 We'll go with what's stated here, 1198. 183 00:10:11,030 --> 00:10:14,990 The new construction. There's a conceptual plan attached. 184 00:10:15,310 --> 00:10:22,110 It proposes a 3040 square foot, two-story elevated home to occupy the rear of the property with a pool. 185 00:10:22,190 --> 00:10:25,310 And a small space separating it from the historic cottage. 186 00:10:27,910 --> 00:10:28,790 And then? 187 00:10:29,150 --> 00:10:31,190 The cottage location, I think that. 188 00:10:31,350 --> 00:10:34,110 I'll need a little bit of background on this as well. 189 00:10:34,940 --> 00:10:38,650 When the Design Review Board granted final approval in August, they granted that approval contingent on the relocation of the 190 00:10:38,650 --> 00:10:42,360 cottage moving it. 191 00:10:42,470 --> 00:10:49,630 Into the side set back to expose the historic cistern on the property, but disallowing the cottage to be brought forward on the. 192 00:10:49,990 --> 00:10:51,590 To the front set back line. 193 00:10:53,070 --> 00:10:54,870 The applicant went back to the. 194 00:10:54,990 --> 00:10:58,350 Board in September to again request for the cottage. 195 00:10:58,470 --> 00:11:00,190 Location to be moved forward. 196 00:11:00,470 --> 00:11:02,270 Close to that front set, but. 197 00:11:02,550 --> 00:11:06,910 Slightly further from the front of the lot than it had been proposed in August. 198 00:11:07,510 --> 00:11:11,190 The board deferred action on this request to allow the applicant to return with plans showing the proposed new house and pool on 199 00:11:11,190 --> 00:11:14,870 the site plan. 200 00:11:15,310 --> 00:11:19,030 And elevations of the proposed new house so that the board would be able to make the decision about the cottage's location with 201 00:11:19,030 --> 00:11:22,750 the full picture in mind. 202 00:11:23,590 --> 00:11:26,910 The location proposed before you has not been approved. 203 00:11:27,230 --> 00:11:32,110 And simply reflects the applicant's desired location for the cottage. This location would place. 204 00:11:32,800 --> 00:11:36,120 23 feet between the cottage and the new construction. 205 00:11:36,270 --> 00:11:40,095 The DRB approved location for the cottage would be about 19 feet further back on the property and would leave only two feet 206 00:11:40,095 --> 00:11:43,920 between the two buildings. 207 00:11:45,270 --> 00:11:45,990 So this. 208 00:11:46,750 --> 00:11:49,030 Bottom left is showing you that from the. 209 00:11:50,430 --> 00:11:55,190 Front corner of the cottage to the property line. Currently it's 45 feet. 210 00:11:57,230 --> 00:12:00,350 And the applicant's request is 25 feet. 211 00:12:00,710 --> 00:12:05,550 Or that was shown on the application before you is 25 feet 6 inches. 212 00:12:06,070 --> 00:12:07,040 And then? 213 00:12:07,910 --> 00:12:09,150 This blue. 214 00:12:10,030 --> 00:12:10,910 Outline. 215 00:12:11,430 --> 00:12:13,230 Is roughly the. 216 00:12:13,710 --> 00:12:20,390 The previously approved location from the DRB, but that location as I said, has never been actually. 217 00:12:20,750 --> 00:12:21,870 Drawn so that. 218 00:12:22,430 --> 00:12:27,910 The staff drawing is the only one that exists if this. 219 00:12:27,990 --> 00:12:29,150 Proposed location. 220 00:12:32,780 --> 00:12:38,920 Per section 2120 C two of the zoning ordinance, the use of a historic cottage is an accessory dwelling unit. 221 00:12:39,310 --> 00:12:44,150 Requires that the project meet several conditions requiring the approval of the BZA. 222 00:12:44,630 --> 00:12:50,190 Special exception is defined in the ordinance as a use permitted in the zoning district that possesses characteristics that 223 00:12:50,190 --> 00:12:55,750 require certain controls in order to ensure compatibility with other uses in the district. 224 00:12:55,990 --> 00:13:01,190 Within which they are proposed for location and therefore shall be approved by the Board of Zoning Appeals. 225 00:13:01,670 --> 00:13:05,470 For the historic Adu special exception, the conditions include. 226 00:13:05,950 --> 00:13:08,630 Finding that the building has been used as a dwelling. 227 00:13:09,030 --> 00:13:09,790 And that it's. 228 00:13:09,910 --> 00:13:12,870 Historic structure is less than 1200 square feet. 229 00:13:13,990 --> 00:13:20,790 But as of the 2024 ordinance updates, the discretionary increases by the DRB are no longer prohibited. 230 00:13:21,270 --> 00:13:25,590 Therefore, reductions in setbacks or increases in square footage are now permissible to include in the plans proposed for the 231 00:13:25,590 --> 00:13:29,910 historic Adu special exception. 232 00:13:30,390 --> 00:13:34,950 Noting that the BZA still must find that there are adequate provisions made for those setbacks as part of the special exception 233 00:13:34,950 --> 00:13:39,510 findings under section 21178. 234 00:13:39,750 --> 00:13:39,870 MMM. 235 00:13:42,550 --> 00:13:46,430 Some other things to consider. Ownership requirements. 236 00:13:47,550 --> 00:13:49,910 The the just stating that. 237 00:13:50,150 --> 00:13:56,750 There must be a single ownership or if there are multiple owners, they all have to have the same stake of ownership. 238 00:13:58,270 --> 00:14:01,870 That there are no separate utility meters for the Adu. 239 00:14:01,990 --> 00:14:04,190 It can be rented long term, however. 240 00:14:04,710 --> 00:14:08,910 The owner occupied 4% must be for the property. 241 00:14:10,290 --> 00:14:17,400 And the 2024 ordinance and then that's also now allow the reconstruction of the historic Adu if it is damaged or destroyed. 242 00:14:19,780 --> 00:14:21,380 So BZA. 243 00:14:22,150 --> 00:14:29,470 Session 21178. Findings are for adequate provision is made for such items as set back fences and buffered. 244 00:14:29,670 --> 00:14:34,670 Or planting strips to protect adjacent properties from possible adverse impacts. 245 00:14:35,110 --> 00:14:40,520 Of the proposed use such as noise, vibration, dust layer, odor, traffic congestion, similar factors. 246 00:14:41,660 --> 00:14:47,820 Is the endless find that the vehicle traffic and pedestrian movement on adjacent roads should not be hindered or endangered? 247 00:14:48,350 --> 00:14:51,190 That three off street parking and loading zones. 248 00:14:51,430 --> 00:14:57,190 And entrance and exits of these areas shall be adequate in terms of location, amount, design and construction to serve the. 249 00:14:57,310 --> 00:15:03,515 First years and that the proposed use should be compatible with the existing uses to the extent that such a use will not adversely 250 00:15:03,515 --> 00:15:09,720 affect the level of property values, general character or general welfare of the nearby area. 251 00:15:10,630 --> 00:15:17,310 Staff recommends approval of this special exception pending the DRB approval for the final location of the cottage. 252 00:15:17,510 --> 00:15:19,470 And provided that the board finds that. 253 00:15:19,670 --> 00:15:23,830 Those plans meet the conditions found in section 2120C2. 254 00:15:24,150 --> 00:15:29,230 And makes findings of fact that the project complies with the standards for granting special exceptions. 255 00:15:29,350 --> 00:15:31,270 Found in section 21178. 256 00:15:34,280 --> 00:15:34,720 Thank you. 257 00:15:34,870 --> 00:15:37,790 Any questions for Charles? I do have a question so. 258 00:15:38,590 --> 00:15:41,670 We're being asked to approve. 259 00:15:42,830 --> 00:15:47,000 The the new location or the old location or both locations. 260 00:15:47,190 --> 00:15:48,870 Because it does impact our. 261 00:15:49,030 --> 00:15:51,230 Analysis under 21178. 262 00:15:52,790 --> 00:15:53,750 Right. I mean. 263 00:15:54,630 --> 00:15:55,910 Well, we could approve. 264 00:15:56,750 --> 00:16:00,055 Either load and we could improve both locations, but then it still needs to go back to the DRB, right? Yeah, yes, I think that's 265 00:16:00,055 --> 00:16:03,360 that's the. 266 00:16:03,790 --> 00:16:05,190 Ask here is that. 267 00:16:05,270 --> 00:16:08,190 The Board The board proved the location. 268 00:16:09,110 --> 00:16:14,550 The the board approved the special exception and let the design Review board. 269 00:16:14,790 --> 00:16:17,440 Choose where that final location would be. 270 00:16:17,550 --> 00:16:20,510 But I I just, I want to clarify, I want you have to. 271 00:16:20,910 --> 00:16:22,270 Go back and forth between. 272 00:16:22,350 --> 00:16:24,070 Bounce before before these two. 273 00:16:25,830 --> 00:16:27,430 Committees because. 274 00:16:28,450 --> 00:16:32,810 If we approve, I mean, we're dealing with vehicular and pedestrian traffic and. 275 00:16:32,950 --> 00:16:36,390 And whether the setbacks, fences and buffered plannings were? 276 00:16:36,630 --> 00:16:37,350 Appropriate. 277 00:16:37,590 --> 00:16:38,790 And we're looking at a. 278 00:16:39,390 --> 00:16:40,430 At one site. 279 00:16:41,190 --> 00:16:42,510 I guess we need to. 280 00:16:43,030 --> 00:16:46,630 Sitter both sites and we should consider both sites. 281 00:16:46,710 --> 00:16:47,630 Because if. 282 00:16:47,790 --> 00:16:50,310 We don't either approve or disapprove of. 283 00:16:50,510 --> 00:16:53,030 Both sites, then you're going to bounce back to the DRB. 284 00:16:53,670 --> 00:16:58,030 And they're going to say, oh, we were. We approved the old site, for instance, they did that. 285 00:16:58,150 --> 00:16:59,390 But we won't have considered. 286 00:16:59,630 --> 00:17:02,550 Yes. So I would think I should consider. 287 00:17:02,630 --> 00:17:08,390 Any either of those locations or some location in between those that may be a. 288 00:17:08,830 --> 00:17:13,410 Middle ground that is settled upon perhaps? And did the town find any problem with the new site as set out? I mean subject to 289 00:17:13,410 --> 00:17:17,990 design review board. 290 00:17:18,270 --> 00:17:20,670 Did the town did you find any issues with? 291 00:17:21,030 --> 00:17:22,950 Where the new location is. 292 00:17:24,610 --> 00:17:25,490 No the. 293 00:17:26,270 --> 00:17:27,470 The only. 294 00:17:27,790 --> 00:17:31,590 Slight concern in the new location and I believe it can be addressed. 295 00:17:31,870 --> 00:17:37,310 Through engineering construction practices is that there it does encroach into the. 296 00:17:37,750 --> 00:17:42,080 Critical roots on this tree, but the porch can be cantilevered over that. 297 00:17:42,190 --> 00:17:43,510 Kroger, it's on and. 298 00:17:43,710 --> 00:17:45,190 And I don't believe that. 299 00:17:45,910 --> 00:17:46,430 There's a. 300 00:17:47,390 --> 00:17:50,110 Large percentage chance of it harming the tree. 301 00:17:51,230 --> 00:17:52,190 That's an oak tree. 302 00:17:52,350 --> 00:17:55,070 Yeah, it's, uh, once there is. 303 00:17:55,310 --> 00:17:56,590 It's 41. 304 00:17:57,150 --> 00:17:57,790 It's a big up. 305 00:18:00,790 --> 00:18:03,950 The SO the dip. Just to make sure I understand this drawing here. 306 00:18:04,230 --> 00:18:07,000 The difference of the two locations is moving. 307 00:18:07,190 --> 00:18:08,590 Towards Myrtle or back? 308 00:18:09,310 --> 00:18:10,750 So just shifting back and forth. 309 00:18:10,990 --> 00:18:15,870 Yes, yes. Whether it's brought forward into that tree root zone, which would. 310 00:18:16,870 --> 00:18:17,910 Expose it. 311 00:18:18,070 --> 00:18:20,950 For better visibility from the Causeway. 312 00:18:21,070 --> 00:18:23,630 Like you'd see the historic cottage better? 313 00:18:23,950 --> 00:18:25,630 Than if it was pulled further back. 314 00:18:26,230 --> 00:18:27,990 And it will also provide. 315 00:18:28,710 --> 00:18:34,000 More space between the two buildings, which I think is is an important. 316 00:18:34,190 --> 00:18:35,550 Doctor. 317 00:18:36,550 --> 00:18:38,790 I think it's important to consider that. 318 00:18:39,630 --> 00:18:44,470 As potentially designed, there's only four feet between this and the. 319 00:18:44,630 --> 00:18:46,470 What would be principal residence? Which would? 320 00:18:47,370 --> 00:18:50,920 We don't care. They have to fire it. If necessarily they would have to. 321 00:18:51,190 --> 00:18:55,590 But from amassing an architectural standpoint, it would look really bad right now. I got it. 322 00:18:59,230 --> 00:19:00,710 So really. 323 00:19:01,710 --> 00:19:02,510 It's 2. 324 00:19:03,190 --> 00:19:07,390 Right away encroachments it's two Rd. encroachments. It's not neighboring property. 325 00:19:07,870 --> 00:19:08,430 Correct. 326 00:19:09,350 --> 00:19:10,590 What could just? 327 00:19:10,870 --> 00:19:11,710 Just a second. 328 00:19:14,510 --> 00:19:16,270 In in that vein. 329 00:19:16,470 --> 00:19:18,430 I have a question about. 330 00:19:18,950 --> 00:19:19,550 The. 331 00:19:19,870 --> 00:19:21,710 What's going to be a new curb cut? 332 00:19:22,150 --> 00:19:23,310 On 22 1/2. 333 00:19:23,630 --> 00:19:26,110 And so I'm having a problem with 178. 334 00:19:26,230 --> 00:19:26,910 In that. 335 00:19:26,990 --> 00:19:28,070 Particular regard. 336 00:19:28,510 --> 00:19:29,430 Because. 337 00:19:29,510 --> 00:19:31,150 I'm pretty sure that that. 338 00:19:32,190 --> 00:19:34,070 Driveway is going to have to be. 339 00:19:34,630 --> 00:19:36,390 Umm, pervious. 340 00:19:36,870 --> 00:19:40,710 Which means that it will be dugout and there's two trees, right? I mean. 341 00:19:40,910 --> 00:19:41,990 We I go by that. 342 00:19:42,670 --> 00:19:43,720 Three times a day. 343 00:19:46,430 --> 00:19:49,270 No, this is not an existing Carver cut. 344 00:19:49,390 --> 00:19:50,710 The existing carb. 345 00:19:50,990 --> 00:19:51,710 Has been on it. 346 00:19:52,350 --> 00:19:55,270 Is not utilized here in the actual access to the. 347 00:19:55,470 --> 00:20:01,390 Properties often Myrtle, it's often Myrtle. And so my question is dot would have to approve this. 348 00:20:01,910 --> 00:20:03,350 And would they approve it? 349 00:20:03,630 --> 00:20:05,560 Because I don't believe that they would. 350 00:20:05,710 --> 00:20:07,830 Since there is existing access. 351 00:20:08,390 --> 00:20:08,910 On Myrtle. 352 00:20:09,930 --> 00:20:11,410 I can't speak for the deity. 353 00:20:11,710 --> 00:20:14,510 But will the dot need to approve that? 354 00:20:14,710 --> 00:20:18,070 The dot would absolutely need to approve that curb cut. That would. 355 00:20:18,150 --> 00:20:21,470 The encroachment into the deity right of way. 356 00:20:24,970 --> 00:20:26,770 How? How? How? 357 00:20:27,120 --> 00:20:30,280 What's the size of the dot right away on 22 1/2? 358 00:20:30,800 --> 00:20:35,760 I mean, Jasper, they got a big one, but I don't know how, I don't know what this. I believe it's a 60 foot right away. 359 00:20:36,240 --> 00:20:36,800 From the. 360 00:20:37,440 --> 00:20:38,160 Oh, total. 361 00:20:38,360 --> 00:20:43,560 Wait, is that what you're asking? Yeah, the width of the direct the right of way from property line to property line. 362 00:20:43,840 --> 00:20:44,840 60 feet, OK. 363 00:20:50,500 --> 00:20:53,290 That's the main thing to your point. 364 00:20:53,560 --> 00:20:55,120 As I will note that. 365 00:20:55,200 --> 00:20:57,400 The proposed curb cut would. 366 00:20:57,840 --> 00:21:02,400 Potentially impede pedestrian accesses. That is a sidewalk along that side of. 367 00:21:02,600 --> 00:21:03,960 Station 22 1/2. 368 00:21:05,900 --> 00:21:06,260 Yeah. 369 00:21:10,050 --> 00:21:11,090 And I'll just point out. 370 00:21:11,400 --> 00:21:13,000 Houses on the other side that. 371 00:21:13,080 --> 00:21:14,280 Have curb cuts. 372 00:21:14,440 --> 00:21:17,240 They have no other way to access their property so. 373 00:21:17,400 --> 00:21:18,440 This lot. 374 00:21:18,560 --> 00:21:19,320 There is another. 375 00:21:19,440 --> 00:21:20,960 There's already an existing. 376 00:21:21,080 --> 00:21:22,440 Driveway on Myrtle. 377 00:21:23,520 --> 00:21:24,680 I thought it was town. 378 00:21:26,130 --> 00:21:26,850 It is. 379 00:21:28,890 --> 00:21:30,530 Yes, technically it. 380 00:21:30,640 --> 00:21:33,720 It would be abandoned, but that doesn't mean you can't use it. 381 00:21:34,120 --> 00:21:34,680 I mean. 382 00:21:36,060 --> 00:21:37,170 Several that do. 383 00:21:37,840 --> 00:21:38,880 Yeah, sorry. 384 00:21:40,280 --> 00:21:42,960 Any other questions for Charles before we open it for the applicant? 385 00:21:43,640 --> 00:21:45,960 Yeah, just regarding the curb cut, even though it's. 386 00:21:46,640 --> 00:21:47,920 I I don't know whether. 387 00:21:48,320 --> 00:21:51,400 It's legally abandoned the first one there. 388 00:21:52,080 --> 00:21:53,880 Could could that still be used that? 389 00:21:54,320 --> 00:21:55,480 The one that's shown. 390 00:21:55,560 --> 00:21:57,880 This one that's up under this Janice circle. 391 00:21:59,640 --> 00:22:01,240 Technically, I suppose it. 392 00:22:01,560 --> 00:22:02,720 It could be used. 393 00:22:02,840 --> 00:22:03,560 It is. 394 00:22:03,760 --> 00:22:05,520 It is an existing carb cut. 395 00:22:08,000 --> 00:22:08,160 OK. 396 00:22:09,660 --> 00:22:11,260 Yes, and and it yeah. 397 00:22:11,400 --> 00:22:12,440 And if. 398 00:22:12,600 --> 00:22:13,960 They were to. 399 00:22:14,080 --> 00:22:17,600 Get a dot encroachment permit for this new location. 400 00:22:17,920 --> 00:22:20,080 This abandoned curb cut would have to be. 401 00:22:21,640 --> 00:22:22,800 Umm, curve and guttered. 402 00:22:22,960 --> 00:22:23,800 Replacement. 403 00:22:27,330 --> 00:22:28,570 But we could, certainly. 404 00:22:28,680 --> 00:22:29,880 Make our decisions. 405 00:22:30,240 --> 00:22:31,880 Subject to dots. 406 00:22:32,120 --> 00:22:37,480 I mean, it's going to be subject to DOT's approval anyway, right? If they if they want to do the new. 407 00:22:37,760 --> 00:22:38,480 Curb cut. 408 00:22:39,280 --> 00:22:40,760 It would be nice to know what a pet. 409 00:22:41,480 --> 00:22:43,520 Marissa, what we're talking will that. 410 00:22:44,880 --> 00:22:45,280 Right. 411 00:22:45,840 --> 00:22:46,440 But. 412 00:22:46,560 --> 00:22:47,280 It still has. 413 00:22:47,440 --> 00:22:49,650 It still has to meet 178. 414 00:22:49,920 --> 00:22:51,600 We do have and. 415 00:22:51,920 --> 00:22:54,200 Some some consideration 3. 416 00:22:54,280 --> 00:22:55,250 We haven't done that yet. 417 00:22:55,960 --> 00:22:59,200 Yeah, we have to do that as part of it. So that's that's why I went there. 418 00:23:03,040 --> 00:23:04,720 If it goes from a non active. 419 00:23:05,400 --> 00:23:07,080 Per platform 22 1/2. 420 00:23:07,360 --> 00:23:14,000 To an active curve about 22 1/2. Even though it's not forced, that absolutely would be, particular in pedestrian traffic. 421 00:23:20,920 --> 00:23:23,960 22 1/2 of them. 422 00:23:25,660 --> 00:23:27,060 So I guess our concern. 423 00:23:29,300 --> 00:23:30,060 But that doesn't. 424 00:23:30,840 --> 00:23:33,360 I mean, that's a, that's a red light. 425 00:23:34,400 --> 00:23:35,320 For sure we. 426 00:23:35,480 --> 00:23:37,040 In and out on 22 1/2. 427 00:23:37,440 --> 00:23:39,200 It's on. It's on. Uh. 428 00:23:39,720 --> 00:23:40,360 Myrtle. 429 00:23:40,680 --> 00:23:43,000 I thought we were just looking at it where it was cut out. 430 00:23:43,280 --> 00:23:44,200 Under the tree. 431 00:23:44,520 --> 00:23:49,960 Right here, that's not a utilized curb cuts. They access the property from. 432 00:23:50,120 --> 00:23:50,760 This. 433 00:23:51,480 --> 00:23:53,400 Location wait, can you? Can you? 434 00:23:54,240 --> 00:23:56,480 No, no, just wait. Just a minute. 435 00:23:56,600 --> 00:23:57,600 You just have to wait. 436 00:23:59,880 --> 00:24:00,720 Yes, we are. 437 00:24:02,240 --> 00:24:03,440 Yes, we are going. 438 00:24:04,480 --> 00:24:06,880 Well, you can, as soon as we're finished talking. 439 00:24:08,080 --> 00:24:13,200 We're almost there. We're almost there. We just have, these are just the questions. We have a. 440 00:24:13,400 --> 00:24:15,480 Town and then you'll. 441 00:24:16,040 --> 00:24:17,720 Obviously get to fill in all the blanks that. 442 00:24:18,280 --> 00:24:18,720 Yeah. 443 00:24:20,040 --> 00:24:20,640 All right. 444 00:24:25,020 --> 00:24:25,420 Yeah. 445 00:24:26,120 --> 00:24:29,000 Just making sure we know we have to look at 178, OK? 446 00:24:29,440 --> 00:24:30,280 Now we will. 447 00:24:30,440 --> 00:24:32,000 Hear from the applicant. 448 00:24:32,240 --> 00:24:32,800 So. 449 00:24:35,480 --> 00:24:36,960 Thank you. I'm Summer Udi. 450 00:24:37,360 --> 00:24:37,960 And. 451 00:24:39,040 --> 00:24:43,520 I've reached out. You appreciate y'all serving. Feel your pain. I've been in your seat. 452 00:24:43,920 --> 00:24:46,160 And that's why I was trying to. 453 00:24:47,100 --> 00:24:48,820 Nicely interrupt and. 454 00:24:49,760 --> 00:24:53,720 I felt like you were doing a little more and then just asking questions because I think I can address all this. 455 00:24:53,960 --> 00:24:58,360 And so I'm going to address that first before I go into everything that I was going to go into. 456 00:25:00,120 --> 00:25:03,240 We are not set on entering Office 22 1/2. 457 00:25:04,360 --> 00:25:06,200 I talked to the architect Carl Mccants. 458 00:25:06,600 --> 00:25:07,360 About that. 459 00:25:08,080 --> 00:25:13,440 And I think that particularly I anticipated that that would be an issue. 460 00:25:13,800 --> 00:25:15,640 Having sat in your seat before. 461 00:25:16,680 --> 00:25:22,280 I think that that was just the first drawing to try to fit everything in within the. 462 00:25:22,520 --> 00:25:23,960 The setbacks and whatnot. 463 00:25:24,640 --> 00:25:25,520 And so. 464 00:25:25,720 --> 00:25:31,160 He actually, if I may hand this up just as like something to consider he did a new. 465 00:25:31,680 --> 00:25:34,680 Drawing for me with entry off of Myrtle. 466 00:25:35,840 --> 00:25:35,960 MMM. 467 00:25:39,940 --> 00:25:44,060 Because I do know that that is very important to one of the elements that you have to approve. 468 00:25:49,740 --> 00:25:50,300 So one of the. 469 00:25:50,920 --> 00:25:52,120 To how we got here. 470 00:25:53,400 --> 00:25:57,920 Originally, we lived this whole project. It's been in front of the design review board several times. 471 00:25:58,680 --> 00:26:00,960 The packet that was submitted to you was. 472 00:26:01,360 --> 00:26:03,760 Kind of like the first first design. 473 00:26:04,720 --> 00:26:09,480 And when they I was not involved them, but when they went in front of the design review board, the design roof. 474 00:26:09,720 --> 00:26:11,440 View Board didn't love the house. 475 00:26:11,640 --> 00:26:13,960 The the, the What would be the new house? 476 00:26:14,360 --> 00:26:15,560 And so instead of. 477 00:26:16,280 --> 00:26:19,960 Picking that apart and going through that process, what the owner. 478 00:26:20,040 --> 00:26:24,060 Decided to do is go back and run the design review board and say, OK, let's figure out what we can do with the cottage, which 479 00:26:24,060 --> 00:26:28,080 you're willing to let us do with the cottage. 480 00:26:28,280 --> 00:26:29,440 To see if we can. 481 00:26:29,520 --> 00:26:32,560 Take this project in the direction that we want to because. 482 00:26:32,640 --> 00:26:34,960 They could also choose to just add on to this house. 483 00:26:35,160 --> 00:26:37,960 As opposed to, you know, have a special exception. 484 00:26:38,160 --> 00:26:39,240 And have a second house. 485 00:26:39,800 --> 00:26:44,890 I personally feel an owner does that, even personally, just as a member of the community. 486 00:26:45,040 --> 00:26:50,720 That keeping this house as a, you know, its own structure is very important because we're losing to. 487 00:26:51,160 --> 00:26:54,240 So many of our cute little cottages that define our island. 488 00:26:54,760 --> 00:26:55,480 And so. 489 00:26:56,320 --> 00:27:01,810 The ownership and the architect went back and forth with the Design Review Board several times, had a site visit. 490 00:27:01,960 --> 00:27:07,040 And the site plan was proposed that moved the house forward. 491 00:27:07,200 --> 00:27:08,560 To essentially the. 492 00:27:08,920 --> 00:27:12,040 The 25 foot set back but no encroachment into that set back. 493 00:27:14,120 --> 00:27:22,400 On site, one of the board members suggested let's move the house over towards station 22 1/2 to expose this historic cistern. 494 00:27:23,160 --> 00:27:25,000 And the owner said sure. 495 00:27:25,360 --> 00:27:26,560 If if that's what you want to do. 496 00:27:27,480 --> 00:27:31,680 That was not the owners proposal. That was the board's proposal and the owner was. 497 00:27:32,200 --> 00:27:33,880 Happy to comply. 498 00:27:34,720 --> 00:27:36,560 Moving it over. 499 00:27:37,000 --> 00:27:38,280 And forward. 500 00:27:38,440 --> 00:27:39,520 Was submitted. 501 00:27:39,600 --> 00:27:42,480 And up on the consent approval agenda. 502 00:27:45,200 --> 00:27:46,520 Umm, meeting before last. 503 00:27:46,920 --> 00:27:50,160 So they've got this new agenda where it's just, you know, basically like a check mark. 504 00:27:50,240 --> 00:27:54,320 One of the board members moved to remove it from the consent agenda. 505 00:27:54,920 --> 00:27:55,880 Because she. 506 00:27:55,960 --> 00:28:01,240 Had a concern that had never been raised in all these meetings or the site meetings, and it was the tree. 507 00:28:02,640 --> 00:28:03,440 And so. 508 00:28:03,880 --> 00:28:07,620 They, the owner actually what himself, Troy Ward, who's here, was not at that meeting. I was just sitting and watching in the 509 00:28:07,620 --> 00:28:11,360 architect was. 510 00:28:11,720 --> 00:28:16,760 Representing the property. And So what the board did is they moved to approve. 511 00:28:17,040 --> 00:28:18,560 All the renovations. 512 00:28:18,640 --> 00:28:21,320 Everything that was agreed on to do with the House, in fact. 513 00:28:21,480 --> 00:28:25,860 And the owner agreed to keep an extra. We were going to take off more of the house and the design review board asked us to keep an 514 00:28:25,860 --> 00:28:30,240 extra section so it would have even been slightly smaller, but. 515 00:28:30,320 --> 00:28:33,640 We we complied with their request with that too, so they moved to. 516 00:28:33,800 --> 00:28:35,520 Approve that all the renovation. 517 00:28:35,680 --> 00:28:40,920 And to approve the site plan to move it over as the board had requested. 518 00:28:41,040 --> 00:28:42,810 But not to move it forward. 519 00:28:43,120 --> 00:28:47,320 And it was really kind of just all of a sudden based on this tree. 520 00:28:47,400 --> 00:28:48,080 And. 521 00:28:48,960 --> 00:28:51,880 It wasn't at the request of the ownership and that's why when. 522 00:28:52,000 --> 00:28:57,640 Charles was pointing out this particular location has never been drawn. It's because they approved. 523 00:28:58,000 --> 00:29:01,760 On their own, a location that never been requested or drawn out or anything. 524 00:29:02,320 --> 00:29:02,920 And so. 525 00:29:03,920 --> 00:29:06,400 And of course, on the fly, we had no way and I wasn't. 526 00:29:06,600 --> 00:29:10,240 Representing them, but the architect had no way to address the tree. 527 00:29:10,560 --> 00:29:16,600 So we went back in front of the Design Review Board last month with Jerry Benoit. 528 00:29:17,440 --> 00:29:20,480 An arborist. He came out on site. We looked at it. 529 00:29:20,720 --> 00:29:21,920 And actually. 530 00:29:22,040 --> 00:29:24,000 Moving it just over. 531 00:29:24,360 --> 00:29:25,720 Make the IT would be. 532 00:29:25,920 --> 00:29:29,760 Safe for the tree, but you have to take a lot more of the foliage off the tree. 533 00:29:29,880 --> 00:29:33,120 And he was completely fine with moving it over and up. 534 00:29:33,520 --> 00:29:34,960 So we had reapplied to. 535 00:29:35,320 --> 00:29:38,920 Basically move it up to where we'd ask before it was just one foot back could you couldn't submit the same application over and 536 00:29:38,920 --> 00:29:42,520 up. 537 00:29:42,920 --> 00:29:49,400 With a cantilevered foundation and he was OK with that. So we've really addressed the tree health issue already. 538 00:29:51,600 --> 00:29:52,280 But. 539 00:29:52,960 --> 00:29:54,240 Then the board just. 540 00:29:55,740 --> 00:29:59,700 At the last meeting just had a lot of questions and wanted to know what we were doing with the second house. 541 00:29:59,920 --> 00:30:04,360 And we don't have the second house thrown out because we were trying to make sure we could even get this. 542 00:30:04,440 --> 00:30:06,770 Special exception before spending a lot of time. 543 00:30:06,920 --> 00:30:07,960 Designing that house. 544 00:30:09,040 --> 00:30:12,800 I think we are where we need to be other than this placement. 545 00:30:13,000 --> 00:30:15,970 And the placement is important for you because. 546 00:30:16,080 --> 00:30:19,000 If we can move that now, that we can move that house over. 547 00:30:19,280 --> 00:30:22,400 That we have more room for a driveway off a Myrtle. 548 00:30:22,600 --> 00:30:24,840 So moving it over was great for that. 549 00:30:24,960 --> 00:30:31,610 But we also need to move it up because, as Mr. Graves pointed out, it's not going to look good with no place together. 550 00:30:31,720 --> 00:30:34,880 It also is going to make it harder to have a driveway that can act. 551 00:30:35,000 --> 00:30:37,280 That's the garage on the bigger house. 552 00:30:38,000 --> 00:30:39,000 If we don't. 553 00:30:40,040 --> 00:30:41,000 Umm, move it forward. 554 00:30:41,280 --> 00:30:42,400 So what I just. 555 00:30:42,560 --> 00:30:45,960 Gave you is showing entry on Myrtle. 556 00:30:46,160 --> 00:30:47,560 Abandoning all the. 557 00:30:48,120 --> 00:30:51,200 Current and proposed curb cuts on 22 1/2. 558 00:30:51,600 --> 00:30:55,520 So if you will approve it with a condition that we are able to move it forward so that we can abandoned those curb cuts on 22 1/2, 559 00:30:55,520 --> 00:30:59,440 we would. 560 00:30:59,720 --> 00:31:02,610 Certainly accept that and and be happy about that. 561 00:31:05,960 --> 00:31:10,625 Yeah. Oh, for sure. Yeah. And you and you makes more sense in general. And you can't literally move the. There's two big trees in 562 00:31:10,625 --> 00:31:15,290 the back. So you are. 563 00:31:15,440 --> 00:31:17,880 Limited and how far back you can. 564 00:31:18,080 --> 00:31:19,880 Site the new house so. 565 00:31:20,080 --> 00:31:20,720 This is. 566 00:31:21,120 --> 00:31:22,840 I wish we'd gotten this in our. 567 00:31:22,960 --> 00:31:27,760 Packet said. Thanks for doing that. Sorry, I came in kind of in the middle of it and we. 568 00:31:28,000 --> 00:31:29,080 Anyway, yeah. 569 00:31:30,080 --> 00:31:33,360 Can I ask a quick quote? Maybe a dumb question, but it appears as if we were. 570 00:31:35,160 --> 00:31:37,600 It appears as if there's enough room. 571 00:31:38,340 --> 00:31:39,290 In this setup. 572 00:31:39,960 --> 00:31:41,370 To not have to go. 573 00:31:41,640 --> 00:31:43,600 As far towards 22 1/2. 574 00:31:44,080 --> 00:31:45,360 That you could bring. 575 00:31:46,480 --> 00:31:47,560 The building. 576 00:31:48,640 --> 00:31:50,160 You'd have to have some. 577 00:31:50,360 --> 00:31:55,520 Relief on that front set back to put the porch into the set back, but then the entire building could. 578 00:31:55,680 --> 00:31:55,920 Fit. 579 00:31:56,600 --> 00:31:58,680 Within the side setbacks. 580 00:31:58,800 --> 00:32:02,920 But not the front. Set back and still get a driveway around it and avoid the tree. 581 00:32:03,360 --> 00:32:06,120 The issue there, we didn't ask to move it. 582 00:32:06,240 --> 00:32:09,520 To the sad the design review, so forgetting. 583 00:32:09,600 --> 00:32:13,840 Forgetting that for a minute, if if now looking at this it appears as if. 584 00:32:15,360 --> 00:32:17,400 The whole entire reason is to expose this. 585 00:32:17,680 --> 00:32:19,680 Yeah, they want. Yeah. No, no, I'm saying that. 586 00:32:20,080 --> 00:32:22,000 It the the front porch is how deep? 587 00:32:23,200 --> 00:32:25,560 Yeah, I'm just essentially saying that. 588 00:32:26,880 --> 00:32:31,520 I see what you're saying. You're you're saying that they would. 589 00:32:32,040 --> 00:32:33,680 Come for a front set that. 590 00:32:33,960 --> 00:32:35,160 Go to the front plane. 591 00:32:35,360 --> 00:32:38,200 Yeah, go to the front of the house, into the front set there, Yeah. 592 00:32:38,280 --> 00:32:40,200 And not into the. 593 00:32:40,360 --> 00:32:42,240 Yeah, 22 and which is? 594 00:32:42,360 --> 00:32:43,280 I think better. 595 00:32:43,680 --> 00:32:44,880 For you. 596 00:32:46,770 --> 00:32:48,250 Right to go into that front set back. 597 00:32:50,200 --> 00:32:55,520 So give the exception and put the front porch in the front set back and then they can dodge the tree, the root system. 598 00:32:55,800 --> 00:32:57,720 And exposed assistance. 599 00:33:02,280 --> 00:33:05,085 As long as we have room, you're going to need a, you're going to need a survey to check driveway with and all that stuff. But I 600 00:33:05,085 --> 00:33:07,890 think. 601 00:33:08,080 --> 00:33:09,040 That does. 602 00:33:09,640 --> 00:33:12,170 Everything that everyone would want it to do. 603 00:33:14,330 --> 00:33:16,130 Right again, like you know, we. 604 00:33:17,730 --> 00:33:19,970 We thought they were OK with where we were born. 605 00:33:20,880 --> 00:33:23,520 On the fly, got that pushback so I. 606 00:33:24,360 --> 00:33:27,560 I'm I'm sorry the DRB did this to you but looking at like the. 607 00:33:28,000 --> 00:33:30,240 If we can preserve this root system. 608 00:33:30,600 --> 00:33:31,920 By doing back. 609 00:33:32,320 --> 00:33:33,720 And expose the cistern. 610 00:33:33,840 --> 00:33:35,440 That's a better solution for everyone. 611 00:33:35,840 --> 00:33:38,440 I agree, although I don't think we have an issue with the. 612 00:33:38,680 --> 00:33:39,760 Root system. 613 00:33:40,560 --> 00:33:42,360 Move forward. 614 00:33:42,600 --> 00:33:46,360 Charles, are you familiar with the arborist they use? Rebecca, are you? Yes. 615 00:33:46,440 --> 00:33:49,320 Is this a someone with whose opinion we trust We're we're? 616 00:33:49,680 --> 00:33:51,360 Very familiar with Mr. Benoit. 617 00:33:51,520 --> 00:33:58,360 I didn't think to bring it. That wasn't really much. I might. 618 00:34:02,050 --> 00:34:03,450 Jeremy, to your point though. 619 00:34:03,720 --> 00:34:04,760 Find it's important. 620 00:34:05,520 --> 00:34:06,120 Get. 621 00:34:06,480 --> 00:34:09,610 I don't care if it's hand drawn or something. 622 00:34:10,320 --> 00:34:13,120 That of what we're approving, you know exactly what we're. 623 00:34:13,280 --> 00:34:14,720 Were approving because otherwise. 624 00:34:15,040 --> 00:34:17,160 I'm just concerned it's going to be really arbitrary. 625 00:34:18,040 --> 00:34:20,920 Right. And I get why they don't want to do it yet. Yeah, the hard part. 626 00:34:22,440 --> 00:34:23,800 Back in the building. 627 00:34:24,320 --> 00:34:28,240 How much into Jeremy based on what you were just discussing? 628 00:34:28,600 --> 00:34:30,920 How much into the set back? 629 00:34:31,000 --> 00:34:31,720 Do you think? 630 00:34:32,080 --> 00:34:33,040 Approval would. 631 00:34:33,240 --> 00:34:38,840 Oh, I don't need to approve, you know, by looking at it. Maybe a hair more than the depth of the porch. 632 00:34:39,080 --> 00:34:41,160 But I don't have a scale, so I don't know, yeah. 633 00:34:43,580 --> 00:34:48,810 What you would need a variance to move. 634 00:34:48,960 --> 00:34:49,600 Well. 635 00:34:49,840 --> 00:34:51,400 The DRB can move it. 636 00:34:52,120 --> 00:35:00,440 3 1/4 feet, 15% of the 25 foot set back can be reduced by the DRV if that's not enough. 637 00:35:01,410 --> 00:35:04,450 It would require a variance from the BZA. 638 00:35:04,920 --> 00:35:09,520 And that is not on this agenda, so it would require. 639 00:35:09,640 --> 00:35:10,520 Coming back. 640 00:35:12,490 --> 00:35:16,450 But that that would. 641 00:35:20,520 --> 00:35:20,640 ERP. 642 00:35:23,000 --> 00:35:25,760 We submit the package and we know you're not trying to. 643 00:35:25,840 --> 00:35:28,600 Yeah, your argument is with DRB, not with us. 644 00:35:29,040 --> 00:35:32,090 Sorry, but I think we need to find out. 645 00:35:34,120 --> 00:35:36,080 I'm trying to find a good way to yeah. 646 00:35:36,320 --> 00:35:38,890 I think what Jeremy is getting at and what I'd like to see. 647 00:35:39,480 --> 00:35:40,090 Is. 648 00:35:40,800 --> 00:35:44,120 Something we are comfortable approving. 649 00:35:44,360 --> 00:35:45,280 Even if it's. 650 00:35:46,360 --> 00:35:50,440 Even if it's conditioned, you know, on you got to deal with the FT and all that. 651 00:35:50,600 --> 00:35:52,970 Something that we can approve here today. 652 00:35:53,440 --> 00:35:56,000 So that you don't have to keep bouncing back and forth. 653 00:35:58,000 --> 00:36:00,640 I think we can do that. I think we can. 654 00:36:02,080 --> 00:36:04,520 In our motion to approve. 655 00:36:05,500 --> 00:36:07,530 Allow if needed. 656 00:36:11,120 --> 00:36:12,000 Based on. 657 00:36:12,080 --> 00:36:13,400 Where the final. 658 00:36:15,340 --> 00:36:17,290 Citing of the historic cottage. 659 00:36:17,640 --> 00:36:20,320 Ends up if it requires. 660 00:36:21,320 --> 00:36:23,120 A variance into the front. 661 00:36:23,360 --> 00:36:24,080 Step back. 662 00:36:26,080 --> 00:36:29,120 Then we can pre approve that. 663 00:36:29,240 --> 00:36:29,720 Relief. 664 00:36:30,840 --> 00:36:32,760 But we're going to have to be definite about. 665 00:36:32,840 --> 00:36:34,720 Is it 6 feet? I don't know what it is. 666 00:36:35,080 --> 00:36:38,920 I think 2 would have been important that if you do, imagine agreeing that. 667 00:36:40,640 --> 00:36:41,560 That you make it. 668 00:36:42,880 --> 00:36:46,040 Specific if you were basically telling the town I need the DRV. 669 00:36:46,520 --> 00:36:49,570 We want it moved forward. We can't. We can't say that. 670 00:36:50,640 --> 00:36:51,920 Well, we cannot. 671 00:36:54,340 --> 00:36:55,580 With the meeting elements. 672 00:36:56,560 --> 00:36:57,320 September 3. 673 00:36:57,960 --> 00:36:58,680 It's 2. 674 00:37:06,960 --> 00:37:08,760 After posting 22 1/2, can we get that? 675 00:37:09,240 --> 00:37:12,920 Can we give a conditional approval of the special exception, Charles? 676 00:37:13,040 --> 00:37:14,760 It's subject to your. 677 00:37:15,320 --> 00:37:17,960 If we lay the parameters subject to your. 678 00:37:18,360 --> 00:37:21,360 Approving it at staff level so they don't have to come back to. 679 00:37:23,040 --> 00:37:25,880 PGA for the front. Front set that. 680 00:37:26,000 --> 00:37:26,280 Yeah. 681 00:37:37,640 --> 00:37:43,680 Really, I have some concern about proving a variance without advertising it. 682 00:37:44,280 --> 00:37:48,920 Right. Oh, I see what you're saying. OK. He want, he wants he wants us to come back. 683 00:37:49,120 --> 00:37:50,280 He wants you to come back. 684 00:37:50,640 --> 00:37:51,850 I want to do it right. 685 00:37:52,040 --> 00:37:57,000 If you, you today can approve up to the what, 21 feet or no? 686 00:37:58,760 --> 00:38:01,600 Plus plus whatever the DRV can get. 687 00:38:03,000 --> 00:38:06,210 No, because that's no, because it's a variance. 688 00:38:06,400 --> 00:38:10,240 Yes, it was the special exception. 689 00:38:12,960 --> 00:38:13,440 Yeah. 690 00:38:16,160 --> 00:38:17,640 Element of C2. 691 00:38:20,060 --> 00:38:22,900 Being and protected. 692 00:38:24,290 --> 00:38:26,370 I think. I think what's being asked is. 693 00:38:26,840 --> 00:38:27,360 If. 694 00:38:28,360 --> 00:38:31,280 DRB gave maximum relief. 695 00:38:32,130 --> 00:38:34,410 It and it fit within that parameter. 696 00:38:35,080 --> 00:38:39,880 We could approve it, but if it was larger than that, then that would trigger a. 697 00:38:40,200 --> 00:38:45,960 Coming back coming back to the CBA for a variance yes I mean y'all can approve the. 698 00:38:46,680 --> 00:38:47,320 Yes. 699 00:38:47,440 --> 00:38:48,080 Yes. 700 00:38:50,480 --> 00:38:51,480 Just to be clear. 701 00:38:52,320 --> 00:38:53,720 We're trying to work with what? 702 00:38:54,760 --> 00:38:57,320 What's been plopped in front of us, unfortunately and. 703 00:38:57,920 --> 00:39:01,680 What you're telling me is what's been set in front of us is. 704 00:39:02,080 --> 00:39:04,280 Something that the DRB itself. 705 00:39:04,920 --> 00:39:07,600 Came up with as far as the what we're seeing in this. 706 00:39:08,080 --> 00:39:09,520 Purported application. 707 00:39:09,920 --> 00:39:11,920 And then there's another. 708 00:39:14,720 --> 00:39:15,720 Another application. 709 00:39:15,960 --> 00:39:17,000 And they deferred it. 710 00:39:17,080 --> 00:39:18,720 And yeah. 711 00:39:18,880 --> 00:39:22,440 And I was going to express this to you. It's not because we. 712 00:39:23,000 --> 00:39:23,600 No. 713 00:39:24,120 --> 00:39:25,280 Right, right. 714 00:39:27,560 --> 00:39:28,160 They changed. 715 00:39:29,680 --> 00:39:30,280 Right. 716 00:39:30,680 --> 00:39:31,720 Oh, I get that. 717 00:39:32,240 --> 00:39:32,400 Yeah. 718 00:39:33,280 --> 00:39:34,960 Yeah, yeah, yeah, I get it. 719 00:39:35,160 --> 00:39:39,000 So we appreciate you trying to work with us. I like everything you're saying. I anticipated that that was going to be an issue, 720 00:39:39,000 --> 00:39:42,840 which is. 721 00:39:45,240 --> 00:39:45,800 OK. 722 00:39:47,560 --> 00:39:53,120 Isn't it? Why would you want to do houses together for any reason? We didn't go in front of them for the like action. 723 00:39:54,560 --> 00:39:58,520 In front of them where their approval there is no reason. 724 00:39:59,000 --> 00:40:02,580 Their next justifiable reason and they actually didn't make a finding of fact on them, and they probably should have their new 725 00:40:02,580 --> 00:40:06,160 justification. 726 00:40:06,320 --> 00:40:11,760 Or you can move it to the side, but you can't move it or because it's that here since the the 50. 727 00:40:12,560 --> 00:40:19,760 You're moving it and I've seen that board and architects own that board. Can you have all on our own watch? 728 00:40:19,920 --> 00:40:21,880 Would you please use the microphone? 729 00:40:22,480 --> 00:40:22,840 Thank you. 730 00:40:23,400 --> 00:40:26,760 So that's why we, we understand, I understand where you are coming from. 731 00:40:27,740 --> 00:40:29,810 I'm just trying to figure out a way to do it. 732 00:40:29,920 --> 00:40:31,160 Now we're just we're. 733 00:40:31,320 --> 00:40:33,930 Actually trying to find a way to work with you so that. 734 00:40:34,160 --> 00:40:35,120 You don't have to keep. 735 00:40:35,280 --> 00:40:36,720 Bouncing back and forth. 736 00:40:37,360 --> 00:40:41,600 And any input from the town welcome on how we give you. 737 00:40:42,320 --> 00:40:45,920 Opinion on what you can do as far as what? 738 00:40:46,960 --> 00:40:48,880 And I can interrupt for a second. 739 00:40:49,070 --> 00:40:51,790 The problem as I understand it, if we approve. 740 00:40:52,390 --> 00:40:54,030 A set back now. 741 00:40:56,310 --> 00:40:57,550 Going into the set back. 742 00:40:57,630 --> 00:41:00,190 That has never been advertised than a citizen. 743 00:41:01,630 --> 00:41:02,470 Sullivan's Island. 744 00:41:02,590 --> 00:41:04,070 Could come up and and it would. 745 00:41:04,470 --> 00:41:09,310 Be vacated probably if they if they challenged it because it hasn't been advertised right. 746 00:41:09,910 --> 00:41:14,630 Correct. Yes, if there was a variance, yeah. But now I'm sorry. Go. Yeah, so. 747 00:41:14,710 --> 00:41:17,670 So that being said, y'all can approve. 748 00:41:17,790 --> 00:41:18,590 This. 749 00:41:19,070 --> 00:41:20,510 Special exception. 750 00:41:20,670 --> 00:41:27,990 And let the applicant go back to the design review board to finalize the location of that cottage. 751 00:41:28,110 --> 00:41:29,550 Y'all would provide it. 752 00:41:29,910 --> 00:41:33,870 Approval contingent on the DRB approving the cottage's location. 753 00:41:34,310 --> 00:41:34,910 And. 754 00:41:35,390 --> 00:41:36,550 To that end, they. 755 00:41:37,150 --> 00:41:40,550 They could approve it moving into that front set back as. 756 00:41:40,790 --> 00:41:42,630 Mr. Graves has suggested. 757 00:41:43,270 --> 00:41:49,070 And not going into that side set back, exposing the cistern to the rear of the property instead. 758 00:41:50,350 --> 00:41:53,030 And it would only come back to you again if. 759 00:41:53,350 --> 00:41:54,950 It was needed to go. 760 00:41:55,110 --> 00:41:59,710 Further into that front set back than the DRB can approve. 761 00:42:00,310 --> 00:42:01,750 Which is 21. 762 00:42:02,640 --> 00:42:04,120 And a quarter feet. 763 00:42:04,990 --> 00:42:06,270 Of front set back. 764 00:42:06,590 --> 00:42:06,870 OK. 765 00:42:09,030 --> 00:42:12,190 But I agree with you. I just think that. 766 00:42:15,670 --> 00:42:16,430 I think it need. 767 00:42:17,510 --> 00:42:21,750 We can we. Here's the thing, we do not have the Yeah. 768 00:42:21,870 --> 00:42:23,710 We cannot tell the DRB where to. 769 00:42:23,830 --> 00:42:28,070 The cottage I understand that you can put a condition for meeting. 770 00:42:28,750 --> 00:42:30,830 What is it 1? 771 00:42:33,110 --> 00:42:35,030 We can suggest it, but we can't. 772 00:42:35,350 --> 00:42:36,070 20. 773 00:42:39,560 --> 00:42:41,720 Unfortunately, we can't correct their work. 774 00:42:43,230 --> 00:42:48,280 The driveway location needs to be over. 775 00:42:48,430 --> 00:42:49,310 Off of Myrtle. 776 00:42:49,830 --> 00:42:54,750 For to me to meet 2172 and 3. 777 00:42:55,030 --> 00:42:58,070 To meet those requirements of. 778 00:42:58,470 --> 00:42:59,750 Not having uh. 779 00:43:00,750 --> 00:43:01,390 Right. 780 00:43:02,190 --> 00:43:03,430 Impediment to. 781 00:43:03,510 --> 00:43:05,830 Impact Pedestrian. Traffic Pedestrian. 782 00:43:05,910 --> 00:43:06,870 Vehicular movement. 783 00:43:11,450 --> 00:43:11,770 No. 784 00:43:13,670 --> 00:43:16,070 There's a current curb cut. The current curb cut. 785 00:43:16,550 --> 00:43:20,950 Doesn't really work for you. There's a tree there and it's too close to the house I think. 786 00:43:21,790 --> 00:43:23,550 If not in the house's heart of the pages. 787 00:43:25,180 --> 00:43:26,880 Yeah, I'm talking about the cottage. 788 00:43:27,310 --> 00:43:28,870 It's very close to the cottage. 789 00:43:29,870 --> 00:43:30,670 This is. 790 00:43:34,450 --> 00:43:35,240 I don't. I don't. 791 00:43:35,790 --> 00:43:37,190 I don't think that's in their purview. 792 00:43:39,830 --> 00:43:40,710 I think that. 793 00:43:41,030 --> 00:43:43,790 Where where the direction here is that that? 794 00:43:44,350 --> 00:43:46,430 Any curb cut access off of. 795 00:43:46,670 --> 00:43:48,790 22 1/2 would impede. 796 00:43:49,230 --> 00:43:54,550 The vehicular and pedestrian business, but it currently has, so you currently have one. 797 00:43:59,070 --> 00:43:59,350 Yeah. 798 00:44:01,270 --> 00:44:05,270 And and we don't want to use it, we want to. We want to make it work. 799 00:44:05,750 --> 00:44:11,990 Like this because obviously y'all y'all got it immediately like it makes more sense. So I think. 800 00:44:12,110 --> 00:44:15,990 What I, after this discussion, would propose? 801 00:44:16,590 --> 00:44:18,270 Something to the effect of. 802 00:44:19,750 --> 00:44:22,800 A motion to approve the special exception. 803 00:44:26,940 --> 00:44:30,000 With a condition that the cottage. 804 00:44:30,190 --> 00:44:31,830 Be moved forward. 805 00:44:37,820 --> 00:44:43,260 To well, to to move it forward. 806 00:44:45,110 --> 00:44:48,950 To the allowed relief by the DRB. 807 00:44:49,630 --> 00:44:50,510 So that. 808 00:44:53,470 --> 00:44:55,510 Yeah, to move it forward up to the the. 809 00:44:55,710 --> 00:44:56,350 So that. 810 00:44:56,430 --> 00:44:56,910 To meet. 811 00:44:59,250 --> 00:45:01,760 To be to to meet the elements of 21. 812 00:45:01,950 --> 00:45:03,190 178C. 813 00:45:05,660 --> 00:45:06,640 Two and three. 814 00:45:07,470 --> 00:45:10,630 And you could throw in the landscape too, if you're talking about the tree, but. 815 00:45:11,990 --> 00:45:13,630 In In other words, I want. 816 00:45:13,710 --> 00:45:17,640 And I know you can't tell the DRB what to do, but it needs to. 817 00:45:17,950 --> 00:45:20,350 If we the whole point. 818 00:45:20,470 --> 00:45:23,510 Is that because I'd be making a different argument if you're like? 819 00:45:23,630 --> 00:45:25,950 No, you can't move the house at all. 820 00:45:26,150 --> 00:45:29,890 Then I might need to access off of 22 1/2, but I don't need to access off a 22 1/2 if I can move the house forward and make 821 00:45:29,890 --> 00:45:33,630 enough. 822 00:45:33,830 --> 00:45:36,550 Access and parking between the two houses. 823 00:45:37,590 --> 00:45:37,830 Got it. 824 00:45:38,270 --> 00:45:41,950 But if you place that condition on this approval. 825 00:45:42,270 --> 00:45:44,390 And the Design Review Board does not. 826 00:45:45,230 --> 00:45:46,870 Allow that front. 827 00:45:46,950 --> 00:45:50,070 Set back encroachment, then you back to this board again. 828 00:45:52,870 --> 00:45:58,790 DRB designer View board is saying I don't want to protect these cottages and I'm going to arrest them just building onto it. 829 00:45:59,390 --> 00:46:00,710 I mean, at some point they've got to. 830 00:46:03,020 --> 00:46:05,960 The pro The problem is we cannot. 831 00:46:06,670 --> 00:46:08,950 We cannot put a contingency. 832 00:46:09,350 --> 00:46:11,640 On a special exception. 833 00:46:11,790 --> 00:46:12,710 When we. 834 00:46:13,270 --> 00:46:15,310 We cannot tie the hands of the DRB. 835 00:46:15,710 --> 00:46:17,870 We cannot tell the deep make our. 836 00:46:18,430 --> 00:46:20,640 Approval of the special exception. 837 00:46:20,790 --> 00:46:24,870 Contingent on the DRB agreeing to where we have placed the house. 838 00:46:25,070 --> 00:46:26,590 Because that is not our job. 839 00:46:26,870 --> 00:46:30,670 But I but I do think, I do think we have some flexibility in saying. 840 00:46:31,030 --> 00:46:32,430 That we. 841 00:46:32,550 --> 00:46:34,510 Find that the location. 842 00:46:35,830 --> 00:46:37,350 As set forth, and. 843 00:46:38,270 --> 00:46:39,150 Up to the. 844 00:46:41,620 --> 00:46:45,520 Maximum allowed by the DRB encroaching. 845 00:46:45,950 --> 00:46:51,310 Is approved and satisfies the conditions of 21178. I think that's what. 846 00:46:51,710 --> 00:46:52,790 You're saying is that? 847 00:46:53,470 --> 00:46:55,310 Now I don't know what the maximum. 848 00:46:55,670 --> 00:46:58,870 They can allow it to be moved forward, but that's all. 849 00:46:59,150 --> 00:47:04,790 1515% they can. They still have to approve the whole design no matter what. 850 00:47:05,110 --> 00:47:08,310 But they would just be going back and saying no, we don't approve it and not. 851 00:47:08,950 --> 00:47:12,390 I'm just trying to avoid having to come in front of you again, so I think we can. 852 00:47:12,590 --> 00:47:14,030 I think there's a way that. 853 00:47:14,110 --> 00:47:16,630 That can be done just to say. 854 00:47:16,790 --> 00:47:18,790 We proved the location. 855 00:47:19,470 --> 00:47:21,750 As it is set forth and. 856 00:47:22,070 --> 00:47:24,910 Move forward to the maximum allowable. 857 00:47:25,230 --> 00:47:26,110 Encroachment. 858 00:47:26,190 --> 00:47:28,870 That the DRB and its discretion can allow. 859 00:47:29,270 --> 00:47:32,390 In order to createspace between the homes that is. 860 00:47:32,470 --> 00:47:33,070 Yes. 861 00:47:33,150 --> 00:47:37,750 We're not adequate, that is adequate provision of set back between the two homes. 862 00:47:37,870 --> 00:47:39,270 That's part of your OK. 863 00:47:39,430 --> 00:47:42,950 And subject to for the C2. 864 00:47:43,790 --> 00:47:46,190 A driveway access off of Myrtle. 865 00:47:46,670 --> 00:47:47,830 So I think we have the. 866 00:47:48,190 --> 00:47:49,750 Yeah, prerogative and. 867 00:47:50,150 --> 00:47:52,110 Yeah, actually the necessity to meet. 868 00:47:52,310 --> 00:47:55,390 C2 and put that in there. So that would make DRB. 869 00:47:55,790 --> 00:47:59,910 Abandon any sort of driveways on 22 1/2 which would I think affect? 870 00:48:00,030 --> 00:48:01,510 One's proper placement of the house. 871 00:48:02,190 --> 00:48:04,870 Yeah. So I think, OK, we make that a condition. All right. 872 00:48:05,710 --> 00:48:07,030 I think we know what we're doing. 873 00:48:10,640 --> 00:48:13,440 This is the most difficult special exception we have ever had. 874 00:48:14,600 --> 00:48:15,840 But I want to get it right. 875 00:48:16,510 --> 00:48:18,510 And I don't want to cause. 876 00:48:18,830 --> 00:48:20,870 I want to cause the least amount of. 877 00:48:25,480 --> 00:48:28,520 Difficulty for the applicant when they go back before the DRB. 878 00:48:29,030 --> 00:48:30,670 Right, right that that's. 879 00:48:30,710 --> 00:48:32,080 That's I think that's what we want. 880 00:48:33,880 --> 00:48:34,360 OK. 881 00:48:36,670 --> 00:48:39,150 You seem to have a handle on this, Michael. I'm going to. 882 00:48:39,270 --> 00:48:44,790 Take a shot at it, but I will welcome any. We will have a, we will have a joint motion. 883 00:48:45,190 --> 00:48:46,070 I want to. 884 00:48:47,370 --> 00:48:48,360 First address. 885 00:48:48,750 --> 00:48:50,150 21178. 886 00:48:50,270 --> 00:48:52,470 And then I'll address in order. 887 00:48:52,990 --> 00:48:54,390 Then 21. 888 00:48:54,510 --> 00:48:57,190 20C2 that we also need to address. 889 00:48:58,430 --> 00:48:59,390 I move. 890 00:48:59,510 --> 00:49:00,110 That. 891 00:49:00,270 --> 00:49:02,550 The Board of Zoning Appeals. 892 00:49:02,670 --> 00:49:03,350 That we. 893 00:49:03,870 --> 00:49:04,790 Find that. 894 00:49:05,350 --> 00:49:06,110 As. 895 00:49:07,230 --> 00:49:08,590 Presented to us. 896 00:49:09,480 --> 00:49:10,120 And. 897 00:49:10,550 --> 00:49:11,470 With the. 898 00:49:12,400 --> 00:49:13,360 Allowance. 899 00:49:13,470 --> 00:49:14,070 That. 900 00:49:14,270 --> 00:49:20,750 It the structure, the cottage structure be moved to the maximum allowable encroachment. 901 00:49:20,870 --> 00:49:22,670 Within the discretion of. 902 00:49:23,380 --> 00:49:28,320 The design review board to the front set. Back to the front set to the front set. 903 00:49:28,430 --> 00:49:33,150 Back will allow adequate provision for setbacks, fences buffered. 904 00:49:33,230 --> 00:49:34,310 Planning strips. 905 00:49:34,390 --> 00:49:38,390 By the way, also on the condition that the access is moved to the. 906 00:49:38,630 --> 00:49:39,830 Access off Myrtle. 907 00:49:40,070 --> 00:49:41,790 As opposed to 22 1/2. 908 00:49:42,070 --> 00:49:44,310 That it will allow adequate provision for. 909 00:49:44,670 --> 00:49:48,030 A setbacks fence is buffered planting strips, et cetera. 910 00:49:48,270 --> 00:49:49,550 That it will. 911 00:49:50,550 --> 00:49:53,630 Allow it won't impede vehicular. 912 00:49:53,990 --> 00:49:56,430 And pedestrian traffic and will not. 913 00:49:57,190 --> 00:49:58,150 Hinder. 914 00:49:58,590 --> 00:49:59,550 Such traffic. 915 00:49:59,910 --> 00:50:01,030 That it will. 916 00:50:01,110 --> 00:50:03,270 Have sufficient off street parking. 917 00:50:04,070 --> 00:50:06,230 Loading, et cetera are adequate. 918 00:50:06,550 --> 00:50:10,360 And that the proposed use is compatible with the existing. 919 00:50:10,630 --> 00:50:14,670 Uses and will not adversely affect property values general. 920 00:50:14,790 --> 00:50:16,870 Character or general welfare? 921 00:50:16,950 --> 00:50:17,870 Of the new value. 922 00:50:18,230 --> 00:50:19,350 Nearby area. 923 00:50:20,190 --> 00:50:22,310 And further that we find. 924 00:50:22,390 --> 00:50:23,870 Can you put section 21? 925 00:50:23,990 --> 00:50:27,510 20 CS further that we find that. 926 00:50:28,670 --> 00:50:30,030 This is conditioned. 927 00:50:30,270 --> 00:50:31,910 Obviously we find that that. 928 00:50:32,070 --> 00:50:34,950 Prior use was dwelling. I believe that's been. 929 00:50:35,350 --> 00:50:36,110 Stipulated. 930 00:50:36,910 --> 00:50:37,630 That the. 931 00:50:38,310 --> 00:50:40,510 Size of the historic structure. 932 00:50:40,950 --> 00:50:42,270 As reduced. 933 00:50:43,630 --> 00:50:46,630 In compliance with 2120C2. 934 00:50:50,270 --> 00:50:51,430 Is still. 935 00:50:52,940 --> 00:50:58,860 Needs to have the planning of the DRB of the special circumstances and the. 936 00:51:00,110 --> 00:51:01,030 Portions of the. 937 00:51:01,230 --> 00:51:05,990 Structure have been removed, that's already been approved by the DRB as I understand. 938 00:51:06,310 --> 00:51:07,310 And then finally. 939 00:51:09,950 --> 00:51:13,320 It is conditioned on 2120C2. 940 00:51:14,070 --> 00:51:14,750 That. 941 00:51:15,650 --> 00:51:16,210 The. 942 00:51:17,030 --> 00:51:19,710 Appropriate deed restrictions be entered. 943 00:51:20,430 --> 00:51:23,110 As to ownership prior to any permits being. 944 00:51:23,270 --> 00:51:24,110 Issued. 945 00:51:24,590 --> 00:51:25,790 And I think that. 946 00:51:26,270 --> 00:51:27,230 Covers. 947 00:51:27,470 --> 00:51:28,710 Most of anything else that. 948 00:51:29,070 --> 00:51:31,390 Just say we approve it. You didn't say that again. 949 00:51:31,470 --> 00:51:34,630 Oh, and that we approved the the applicants. 950 00:51:35,070 --> 00:51:35,710 Request. 951 00:51:36,640 --> 00:51:40,600 For the I'm going to I would also I'm going to ask a question which is. 952 00:51:40,790 --> 00:51:42,750 Wait a minute, wait, you can't ask a question yet? 953 00:51:43,510 --> 00:51:45,430 Say it's based on the drawing. 954 00:51:45,790 --> 00:51:48,160 That we were presented during the meeting. 955 00:51:48,270 --> 00:51:49,870 And make that in the record, please. 956 00:51:50,230 --> 00:51:56,230 Yes, and also add that it is based on the drawing that we should add as an exhibit. 957 00:51:57,150 --> 00:51:57,710 To. 958 00:51:58,230 --> 00:52:02,590 Wait, it's not that crawling. Guess what my my particular issue is we're going to have no other approval but what he wanted to 959 00:52:02,590 --> 00:52:06,950 move because this is. 960 00:52:07,310 --> 00:52:11,190 Yeah, I don't think I'll have yet another. 961 00:52:11,550 --> 00:52:12,430 From another board that. 962 00:52:12,630 --> 00:52:13,110 I think. 963 00:52:14,070 --> 00:52:20,430 I think as this motion stands, it's still, it's relevant to what we are making a decision on. 964 00:52:20,510 --> 00:52:22,110 It doesn't mean it's final. 965 00:52:22,270 --> 00:52:26,190 We don't make the final No, I think you're, but I think she's right. I don't think we. 966 00:52:26,310 --> 00:52:29,090 I don't think we're approving this. No, no, no, we're not. But we're entering it into the record. It was presented to us at a 967 00:52:29,090 --> 00:52:31,870 meeting. 968 00:52:31,990 --> 00:52:32,990 Right, so it has to be. 969 00:52:33,110 --> 00:52:36,070 What we're going to do, we need a second and then we're going to discuss. 970 00:52:36,150 --> 00:52:37,190 And then we can add to. 971 00:52:37,470 --> 00:52:38,550 Motion if we need to. 972 00:52:38,870 --> 00:52:39,670 Is there a second? 973 00:52:41,580 --> 00:52:42,680 I suck in it, thank you. 974 00:52:42,830 --> 00:52:43,710 All right now. 975 00:52:43,830 --> 00:52:46,310 We can discuss and amend the motion if we need to. 976 00:52:47,130 --> 00:52:47,840 Charles. 977 00:52:47,950 --> 00:52:48,990 Is that sufficient? 978 00:52:50,170 --> 00:52:51,800 It was. 979 00:52:54,110 --> 00:52:54,950 A lot. 980 00:52:57,710 --> 00:52:59,030 We're going to have to. 981 00:52:59,230 --> 00:53:01,670 We have to review the minutes, listen to it again to. 982 00:53:02,470 --> 00:53:03,590 Capture it all but. 983 00:53:03,870 --> 00:53:06,590 OK. I believe that the motion. 984 00:53:07,750 --> 00:53:08,550 Set forth. 985 00:53:09,190 --> 00:53:13,915 The proposed location allowing it to move forward on the property to create the proper set back and to allow for the driveway 986 00:53:13,915 --> 00:53:18,640 location. 987 00:53:18,990 --> 00:53:22,590 Which would come in off of Myrtle no longer creating impacts that. 988 00:53:22,670 --> 00:53:24,950 To the pedestrian and vehicular movements. 989 00:53:25,270 --> 00:53:25,870 And. 990 00:53:26,630 --> 00:53:27,430 Is. 991 00:53:28,270 --> 00:53:32,670 Appro approval condition on the DRBS agreement of a. 992 00:53:33,150 --> 00:53:35,430 The new location, right? Well. I. 993 00:53:36,110 --> 00:53:37,430 Well, yes, because. 994 00:53:37,550 --> 00:53:41,790 What we need, what we're saying is the DRB gets the final approval. 995 00:53:42,190 --> 00:53:45,230 On the sighting of the cottage. But we approve. 996 00:53:45,510 --> 00:53:47,310 Moving the. 997 00:53:47,430 --> 00:53:50,310 As a special exception, moving it as far. 998 00:53:50,390 --> 00:53:55,710 Forward into the set back as allowable by the DRB and its discretion. 999 00:53:55,870 --> 00:53:56,990 To create. 1000 00:53:59,200 --> 00:54:00,200 Yes, yes. 1001 00:54:00,910 --> 00:54:04,280 Yeah, yeah, yeah. But what we didn't say. 1002 00:54:04,830 --> 00:54:05,510 Is. 1003 00:54:05,630 --> 00:54:06,230 And what I. 1004 00:54:06,750 --> 00:54:08,510 Believe what we're saying. 1005 00:54:08,590 --> 00:54:10,710 Is that we're trying to move the house. 1006 00:54:12,360 --> 00:54:13,960 In behind. 1007 00:54:14,070 --> 00:54:17,830 Or coplanar with the side yard set back off of 22. 1008 00:54:18,570 --> 00:54:20,200 So I think the same thing would. 1009 00:54:22,030 --> 00:54:22,950 DRB has. 1010 00:54:24,320 --> 00:54:27,200 The ability to give some relief on the. 1011 00:54:27,270 --> 00:54:28,990 Side yard set back. 1012 00:54:29,110 --> 00:54:30,870 And the placement of. 1013 00:54:31,030 --> 00:54:32,160 That structure. 1014 00:54:33,230 --> 00:54:34,630 Could be a combination of. 1015 00:54:34,710 --> 00:54:35,470 Forward. 1016 00:54:35,710 --> 00:54:36,310 And. 1017 00:54:36,790 --> 00:54:38,510 In off of 22. 1018 00:54:38,950 --> 00:54:42,750 So I think that you want to say kind of the same thing. 1019 00:54:42,910 --> 00:54:44,240 That ideally we. 1020 00:54:44,350 --> 00:54:47,360 Want the thing within the side yard set back? 1021 00:54:47,510 --> 00:54:48,950 But in no case. 1022 00:54:49,030 --> 00:54:50,510 Can it exceed the? 1023 00:54:51,030 --> 00:54:55,430 The the ability of the DRB to grant some relief. 1024 00:54:55,550 --> 00:54:56,990 To the side yard set back. 1025 00:54:58,050 --> 00:55:00,730 Right. We kind of didn't mention a side yard set back. 1026 00:55:00,870 --> 00:55:02,790 Because they've already done that. 1027 00:55:03,680 --> 00:55:04,240 The DRB are. 1028 00:55:05,310 --> 00:55:11,230 The DRB already moved it into the site. OK, I'm just saying because I'm looking at a drawing that shows it into the. 1029 00:55:11,870 --> 00:55:15,270 Because that's what the DRB does. Because that's what the DRB did. 1030 00:55:16,070 --> 00:55:17,110 DRB did that. 1031 00:55:19,070 --> 00:55:21,480 Well is the 13 foot 9. 1032 00:55:21,590 --> 00:55:23,230 Within DRB Relief. 1033 00:55:23,430 --> 00:55:23,990 Yes. 1034 00:55:24,150 --> 00:55:27,910 Yes, the DRB suggested pulling it to 10 feet off that side. 1035 00:55:28,470 --> 00:55:30,790 And I have to push it for 13. 1036 00:55:30,990 --> 00:55:35,030 OK, kind of keep it away from the feel, like when they see this drawing, they're going to have the same reaction. 1037 00:55:37,720 --> 00:55:38,800 Pull up order and get the. 1038 00:55:39,390 --> 00:55:39,790 Front porch. 1039 00:55:40,910 --> 00:55:45,950 No, they couldn't let us move it forward. They won't. They won't let us move it forward at all. 1040 00:55:46,550 --> 00:55:52,430 That's why we have the 2 feet in between two houses even though they told me they wanted the most distance between houses. 1041 00:55:52,750 --> 00:55:55,590 Give the original college the most visibility and keep it original. But then they smashed it all together and wouldn't let us move 1042 00:55:55,590 --> 00:55:58,430 forward at all. 1043 00:55:58,670 --> 00:55:59,230 Well. 1044 00:55:59,510 --> 00:56:02,470 Not thinking about some of these what what if? 1045 00:56:02,950 --> 00:56:07,990 Your conditions were something to the effect of that there be. 1046 00:56:08,190 --> 00:56:10,390 Adequate space to provide. 1047 00:56:11,240 --> 00:56:14,960 Driveway access off of Myrtle so that there's no need to. 1048 00:56:15,710 --> 00:56:18,150 Because you can't have the curb cuts on 22 1/2. 1049 00:56:18,310 --> 00:56:21,390 And he said some, some, some minimal. 1050 00:56:21,470 --> 00:56:24,590 Number of feet between the two structures. 1051 00:56:25,430 --> 00:56:31,630 You insinuated that when you said it, but you're architecturally speaking a good number that the town. 1052 00:56:31,830 --> 00:56:37,630 Uses for that sort of thing because I think a 20 foot minimum between the houses would be. 1053 00:56:38,470 --> 00:56:39,870 Well, it looks like they've got 20. 1054 00:56:41,030 --> 00:56:41,590 And that would. 1055 00:56:42,390 --> 00:56:43,670 You know does that. 1056 00:56:44,940 --> 00:56:45,940 We have to deal with. 1057 00:56:46,430 --> 00:56:49,150 How far we're going to encroach into the front set back? 1058 00:56:49,390 --> 00:56:54,630 The size of the cottage and the historical integrity and their ability to. 1059 00:56:56,040 --> 00:56:56,360 Bill. 1060 00:56:57,310 --> 00:56:59,590 Within the setbacks on the. 1061 00:56:59,830 --> 00:57:01,190 New structure. 1062 00:57:02,260 --> 00:57:02,740 So. 1063 00:57:03,230 --> 00:57:06,280 The way this one's drawn, this is 23 feet between. 1064 00:57:06,430 --> 00:57:07,110 These two. 1065 00:57:07,190 --> 00:57:07,870 Current. 1066 00:57:08,920 --> 00:57:09,320 So. 1067 00:57:11,340 --> 00:57:13,740 And where the DRB required it. 1068 00:57:14,270 --> 00:57:20,210 But that's that's, yeah, the DRV required it to be only four feet of separation based on where they approved the cottages located. 1069 00:57:20,210 --> 00:57:26,150 Yeah. So we can, we can. We can with 23 now. 1070 00:57:26,630 --> 00:57:29,790 If we're saying we're moving it forward if we stipulate 20. 1071 00:57:30,110 --> 00:57:31,470 That does what we needed to do. 1072 00:57:31,950 --> 00:57:32,550 At a minimum. 1073 00:57:32,870 --> 00:57:36,230 And it's and it's still under what the DRB can. 1074 00:57:36,350 --> 00:57:41,110 OK. Yeah. So it'll give the DRB some flexibility to, but it would. 1075 00:57:41,830 --> 00:57:50,270 Address separation, so he said separation. So we're going to add. Somebody moved to amend to add 20. 1076 00:57:50,470 --> 00:57:53,630 A minimum of 20 feet separation between the historic cottage and the. 1077 00:57:54,030 --> 00:57:59,490 New structure, OK. So that's an amendment to the motion and we tie that to the 178, those provisions that we're talking about in 1078 00:57:59,490 --> 00:58:04,950 egress. And I mean, I think that's why our authority is to say that. 1079 00:58:05,670 --> 00:58:07,990 And with that amendment, we would still find. 1080 00:58:08,190 --> 00:58:10,550 That Can somebody second that amendment? 1081 00:58:12,430 --> 00:58:14,990 Oh, it's a friendly for you so. 1082 00:58:15,310 --> 00:58:16,470 All in favor of the amendment. 1083 00:58:17,030 --> 00:58:17,230 Aye. 1084 00:58:19,930 --> 00:58:20,720 All opposed. 1085 00:58:21,790 --> 00:58:23,030 It carries all right. 1086 00:58:23,110 --> 00:58:23,750 So. 1087 00:58:24,390 --> 00:58:25,990 We still have to. 1088 00:58:26,150 --> 00:58:33,110 Vote on the main motion. Renew the move. I renew my motion. As previously stated, you don't have to renew it. We amended it. 1089 00:58:34,510 --> 00:58:37,920 OK, you're being, he's being a lawyer. 1090 00:58:39,070 --> 00:58:40,390 Yeah. So I'm, I'm. 1091 00:58:41,350 --> 00:58:44,630 Robert says you don't have to do that, but I moved to. 1092 00:58:45,590 --> 00:58:47,350 Approve measures amended. 1093 00:58:47,830 --> 00:58:49,990 OK. Is there a second for that? OK. 1094 00:58:51,120 --> 00:58:52,120 Any discussion? 1095 00:58:53,620 --> 00:58:55,100 All in favor signify by saying aye. 1096 00:58:55,430 --> 00:58:57,070 Aye, like sign opposed. 1097 00:58:57,150 --> 00:58:58,790 The motion is approved. 1098 00:58:58,910 --> 00:59:01,550 Thank you. Thank you very much. I appreciate y'all talking that. 1099 00:59:03,640 --> 00:59:05,920 I know, so I. 1100 00:59:06,590 --> 00:59:08,550 We were. We were gonna get there. 1101 00:59:09,670 --> 00:59:11,230 Oh yes. 1102 00:59:12,950 --> 00:59:15,470 Oh, Michael wants to talk. 1103 00:59:16,030 --> 00:59:16,670 I want to. 1104 00:59:16,830 --> 00:59:20,120 Commend Charles. We had the issue that. 1105 00:59:20,510 --> 00:59:23,430 We had dealt with a couple of months ago about. 1106 00:59:23,790 --> 00:59:28,760 On the 1 foot limit and I saw that you addressed that with counsel and I personally appreciate that. 1107 00:59:28,910 --> 00:59:30,630 You addressed that with Council. Thank you. 1108 00:59:30,830 --> 00:59:31,390 Thank you. 1109 00:59:31,550 --> 00:59:32,510 So if. 1110 00:59:33,110 --> 00:59:39,870 B or B doesn't agree with you and doesn't approve what you approve. What do I do then? 1111 00:59:40,270 --> 00:59:41,790 Well, we. 1112 00:59:41,910 --> 00:59:45,190 We are the special exception granting authority. 1113 00:59:45,790 --> 00:59:48,990 So so you have your ability. 1114 00:59:49,110 --> 00:59:49,630 So. 1115 00:59:49,790 --> 00:59:53,990 We because we based our findings on. 1116 00:59:54,510 --> 00:59:55,680 178. 1117 00:59:56,790 --> 00:59:57,590 By. 1118 00:59:58,750 --> 01:00:02,470 But I guess by giving you a map by giving you a minimum. 1119 01:00:02,670 --> 01:00:04,870 Is is where I see that this is. 1120 01:00:04,990 --> 01:00:10,470 This is going to go is because we based all of our findings on historical research of where the house was and that's what. 1121 01:00:11,430 --> 01:00:15,230 DRB is holding their hat on and exposing this sister. 1122 01:00:15,710 --> 01:00:19,670 And then even Heather Wilson when I brought up, I was the first one to bring up the tree issue and she said the tree issue is not 1123 01:00:19,670 --> 01:00:23,630 an issue if you move it forward. 1124 01:00:23,790 --> 01:00:28,680 Because you can cantilever your foundation and blah blah blah that I spent another $2400. 1125 01:00:28,790 --> 01:00:35,630 With Jerry Benoit getting that approved, right. And I'm just going to tell you that we did what we were we are allowed to do, OK? 1126 01:00:36,230 --> 01:00:39,400 The special exception you can't do anything. 1127 01:00:40,030 --> 01:00:44,270 And until you can't, I mean, no, I understand that. I appreciate that a lot. 1128 01:00:44,430 --> 01:00:49,070 Can we adjourn this meeting so I can OK bam so we can stop?