1 00:00:30,480 --> 00:00:34,239 Yeah, we were just talking. 2 00:00:34,239 --> 00:01:34,550 >> Okay. Okay. 3 00:01:34,560 --> 00:01:53,270 Hi there. 4 00:01:53,280 --> 00:02:01,670 » You're one minute and a half early. All 5 00:02:01,680 --> 00:02:29,350 right, everybody. Mic's on. 6 00:02:29,360 --> 00:02:32,239 Oh, no. Not yet. 7 00:02:32,239 --> 00:02:54,869 Got to make sure it's on. That's 8 00:02:54,879 --> 00:02:57,200 All right, it's 7 o'clock and I want to 9 00:02:57,200 --> 00:02:59,200 welcome everybody to the town of Sheneno 10 00:02:59,200 --> 00:03:01,360 zoning board of appeals uh meeting for 11 00:03:01,360 --> 00:03:03,120 August. 12 00:03:03,120 --> 00:03:06,000 Uh we have a full agenda tonight. So, uh 13 00:03:06,000 --> 00:03:08,159 we're going to dive right in. Let's get 14 00:03:08,159 --> 00:03:10,239 the call of order. Call to No, that was 15 00:03:10,239 --> 00:03:14,470 me. Let's get the roll call, please. 16 00:03:14,480 --> 00:03:15,519 » Mr. Stone 17 00:03:15,519 --> 00:03:16,000 >> here. 18 00:03:16,000 --> 00:03:16,879 >> Mr. Collins 19 00:03:16,879 --> 00:03:17,280 >> here. 20 00:03:17,280 --> 00:03:18,319 >> Mr. White 21 00:03:18,319 --> 00:03:18,800 >> here. 22 00:03:18,800 --> 00:03:19,760 >> Mr. Smith 23 00:03:19,760 --> 00:03:20,159 >> here. 24 00:03:20,159 --> 00:03:21,120 >> Mr. Brewster 25 00:03:21,120 --> 00:03:24,790 >> here. 26 00:03:24,800 --> 00:03:27,280 » All right. Uh, the next order of 27 00:03:27,280 --> 00:03:30,879 business is to review and approve our 28 00:03:30,879 --> 00:03:33,360 minutes from July. 29 00:03:33,360 --> 00:03:35,040 Um, why don't we have we'll have Mr. 30 00:03:35,040 --> 00:03:37,200 Walters vote on this since he was here. 31 00:03:37,200 --> 00:03:39,040 So, you you'll step out for this one 32 00:03:39,040 --> 00:03:43,920 just for the minutes and then we'll rope you back in. So, any any 33 00:03:43,920 --> 00:03:46,959 comments? Well, you don't have to leave. 34 00:03:46,959 --> 00:03:48,799 You just won't vote on the minutes. 35 00:03:48,799 --> 00:03:49,760 >> Oh, gotcha. Gotcha. 36 00:03:49,760 --> 00:03:53,599 >> Yeah. Uh, any anything to add or change 37 00:03:53,599 --> 00:03:56,400 for the minutes? Correct. 38 00:03:56,400 --> 00:03:57,280 >> Looks good. 39 00:03:57,280 --> 00:03:58,080 >> Okay. 40 00:03:58,080 --> 00:03:59,120 >> Looks good to me. 41 00:03:59,120 --> 00:04:01,120 >> If nothing, I'll accept a motion to 42 00:04:01,120 --> 00:04:03,599 accept those. 43 00:04:03,599 --> 00:04:05,120 >> So moved, Mr. Chairman. 44 00:04:05,120 --> 00:04:05,760 >> Okay. 45 00:04:05,760 --> 00:04:06,640 >> I'll support that. 46 00:04:06,640 --> 00:04:08,159 >> All right. Thank you. And let's get a 47 00:04:08,159 --> 00:04:09,439 roll call on the minutes, please. 48 00:04:09,439 --> 00:04:10,560 >> Mr. Walters. 49 00:04:10,560 --> 00:04:11,040 >> I. 50 00:04:11,040 --> 00:04:12,000 >> Mr. Stone. 51 00:04:12,000 --> 00:04:12,400 >> I. 52 00:04:12,400 --> 00:04:13,519 >> Mr. White. 53 00:04:13,519 --> 00:04:14,080 >> I. 54 00:04:14,080 --> 00:04:15,040 >> Mr. Smith. 55 00:04:15,040 --> 00:04:15,439 >> Hi. 56 00:04:15,439 --> 00:04:16,400 >> Mr. Brewster. 57 00:04:16,400 --> 00:04:18,959 >> I All right. They're approved and may be 58 00:04:18,959 --> 00:04:20,880 posted. 59 00:04:20,880 --> 00:04:23,680 Okay. 60 00:04:23,680 --> 00:04:25,759 And uh now, Mr. Collins, you're back in 61 00:04:25,759 --> 00:04:29,440 as a member. So, 62 00:04:29,440 --> 00:04:32,000 all right. The uh first order of 63 00:04:32,000 --> 00:04:33,520 business tonight, we have some new 64 00:04:33,520 --> 00:04:37,360 business to review and uh move forward 65 00:04:37,360 --> 00:04:39,120 through the planning board and set up 66 00:04:39,120 --> 00:04:43,120 for our September meeting. And that is a 67 00:04:43,120 --> 00:04:45,440 use variance. 68 00:04:45,440 --> 00:04:50,639 uh for 1986 New York State Route 12. 69 00:04:50,639 --> 00:04:56,240 Uh the owner's Cerulean Mountains LLC. 70 00:04:56,240 --> 00:05:00,080 And so what we do for the audience sake 71 00:05:00,080 --> 00:05:03,280 is um these applications that are new, 72 00:05:03,280 --> 00:05:05,280 we review them for completeness, 73 00:05:05,280 --> 00:05:08,320 corrections, and so forth. And um then 74 00:05:08,320 --> 00:05:09,680 they go to the planning board and they 75 00:05:09,680 --> 00:05:12,800 come back for a public hearing um to us 76 00:05:12,800 --> 00:05:15,280 in the next month. 77 00:05:15,280 --> 00:05:17,280 um if they if they meet standards 78 00:05:17,280 --> 00:05:19,039 tonight. 79 00:05:19,039 --> 00:05:21,440 So, 80 00:05:21,440 --> 00:05:24,400 uh I'll start off. I do have one very 81 00:05:24,400 --> 00:05:27,680 small item just for just for 82 00:05:27,680 --> 00:05:31,120 recordeping. The cover letter 83 00:05:31,120 --> 00:05:35,360 from the town states zoning residential. 84 00:05:35,360 --> 00:05:37,680 The application, however, from the 85 00:05:37,680 --> 00:05:39,919 applicant is correct stating the zone is 86 00:05:39,919 --> 00:05:42,479 neighborhood commercial. So, if we could 87 00:05:42,479 --> 00:05:46,160 just have that corrected at some point, 88 00:05:46,160 --> 00:05:50,000 I would be satisfied with that. 89 00:05:50,000 --> 00:05:53,520 Um, everything else looked fine 90 00:05:53,520 --> 00:05:55,520 to me. 91 00:05:55,520 --> 00:05:59,830 So, anybody um 92 00:05:59,840 --> 00:06:02,720 have any thoughts on the application 93 00:06:02,720 --> 00:06:04,880 uh to for for review and moving it 94 00:06:04,880 --> 00:06:09,029 forward? 95 00:06:09,039 --> 00:06:11,039 I think the main com main components 96 00:06:11,039 --> 00:06:15,280 were there. Um site plan is reasoning 97 00:06:15,280 --> 00:06:17,680 for the four factors. 98 00:06:17,680 --> 00:06:19,759 Um 99 00:06:19,759 --> 00:06:22,000 so I mean that's the part of the biggest 100 00:06:22,000 --> 00:06:22,960 thing. 101 00:06:22,960 --> 00:06:25,680 >> Um 102 00:06:25,680 --> 00:06:27,919 I said that I feel that the application 103 00:06:27,919 --> 00:06:34,309 is complete. 104 00:06:34,319 --> 00:06:44,230 » Okay. Anybody else? 105 00:06:44,240 --> 00:06:47,680 Same. I agree. Looks complete. Looks 106 00:06:47,680 --> 00:07:02,230 >> Yep. No issues. 107 00:07:02,240 --> 00:07:13,909 » No. 108 00:07:13,919 --> 00:07:15,280 check. One, two. 109 00:07:15,280 --> 00:07:17,680 >> There we go. 110 00:07:17,680 --> 00:07:21,029 >> Thanks. 111 00:07:21,039 --> 00:07:24,319 Uh, so yeah, uh, I'll go back to I did 112 00:07:24,319 --> 00:07:25,840 have a further comment. So, the 113 00:07:25,840 --> 00:07:27,599 applicant is here, right? Uh, you the 114 00:07:27,599 --> 00:07:31,599 applicants for that. Okay. Um 115 00:07:31,599 --> 00:07:36,639 we I just want to make sure since um we 116 00:07:36,639 --> 00:07:38,560 can't we can't help you along this but I 117 00:07:38,560 --> 00:07:42,800 do just want to say uh that um by 118 00:07:42,800 --> 00:07:44,880 statute use variances are very difficult 119 00:07:44,880 --> 00:07:46,880 to get without proof. So, I just want to 120 00:07:46,880 --> 00:07:49,360 make sure that all the applicants and 121 00:07:49,360 --> 00:07:51,919 anybody who has, you know, down the road 122 00:07:51,919 --> 00:07:55,199 would like to submit uh use variance is 123 00:07:55,199 --> 00:07:58,639 to make sure that you read up on things 124 00:07:58,639 --> 00:08:00,879 and do your homework. There's a lot of 125 00:08:00,879 --> 00:08:04,560 proof that needs to be that is required 126 00:08:04,560 --> 00:08:06,240 uh to be brought before the board during 127 00:08:06,240 --> 00:08:12,080 a public hearing for uh use variances to meet the four factors. And the four 128 00:08:12,080 --> 00:08:14,720 factors all of them have to be met. It's 129 00:08:14,720 --> 00:08:17,599 not like an area variance where we weigh 130 00:08:17,599 --> 00:08:19,599 the different factors in that particular 131 00:08:19,599 --> 00:08:22,560 variance. All of them have to be uh sat 132 00:08:22,560 --> 00:08:27,759 satisfactorily met with um 133 00:08:27,759 --> 00:08:32,080 factual proof and in one case um dollar 134 00:08:32,080 --> 00:08:33,680 one of the things that this the the 135 00:08:33,680 --> 00:08:36,000 statute says is dollars and cents proof 136 00:08:36,000 --> 00:08:38,640 of uh of the hardship. So, I just want 137 00:08:38,640 --> 00:08:41,599 everybody out there to know 138 00:08:41,599 --> 00:08:45,760 um that it takes a fair amount of work 139 00:08:45,760 --> 00:08:49,040 to bring before the board for a use 140 00:08:49,040 --> 00:08:53,670 variance. So, 141 00:08:53,680 --> 00:08:56,399 with that, I also again I I see all the 142 00:08:56,399 --> 00:08:58,800 other components uh for moving the 143 00:08:58,800 --> 00:09:01,120 application forward 144 00:09:01,120 --> 00:09:04,320 uh are here. So, um 145 00:09:04,320 --> 00:09:07,040 it seems like we could I would entertain 146 00:09:07,040 --> 00:09:10,959 a motion to um accept this application 147 00:09:10,959 --> 00:09:12,880 to move forward at the next planning 148 00:09:12,880 --> 00:09:15,680 board meeting for review by them and 149 00:09:15,680 --> 00:09:18,080 then through the next uh into our 150 00:09:18,080 --> 00:09:20,000 meeting in September for the public 151 00:09:20,000 --> 00:09:23,600 hearing uh and defense of the uh of the 152 00:09:23,600 --> 00:09:34,790 application. 153 00:09:34,800 --> 00:09:36,959 So moved, Mr. Chairman. 154 00:09:36,959 --> 00:09:39,279 >> Okay, 155 00:09:39,279 --> 00:09:41,680 I'll wait on a second. I'll second. 156 00:09:41,680 --> 00:09:44,560 Thank you. We can we can vote on moving 157 00:09:44,560 --> 00:09:46,000 it forward now. 158 00:09:46,000 --> 00:09:47,279 >> Mr. Stone, 159 00:09:47,279 --> 00:09:47,680 >> I. 160 00:09:47,680 --> 00:09:49,600 >> Mr. Cowins, 161 00:09:49,600 --> 00:09:50,240 >> I. 162 00:09:50,240 --> 00:09:51,360 >> Mr. White, 163 00:09:51,360 --> 00:09:51,839 >> I. 164 00:09:51,839 --> 00:09:54,080 >> Mr. Smith, 165 00:09:54,080 --> 00:09:54,560 >> I. 166 00:09:54,560 --> 00:09:55,600 >> Mr. Brewster. 167 00:09:55,600 --> 00:09:58,399 >> Hi. Okay. So, we've accepted your 168 00:09:58,399 --> 00:09:59,839 application. We'll move it and you'll 169 00:09:59,839 --> 00:10:03,519 come back in September to uh 170 00:10:03,519 --> 00:10:05,360 provide us with additional proof on the 171 00:10:05,360 --> 00:10:08,480 four factors and um discuss your your 172 00:10:08,480 --> 00:10:09,760 needs. 173 00:10:09,760 --> 00:10:12,560 >> Okay. 174 00:10:12,560 --> 00:10:19,110 >> Sure. 175 00:10:19,120 --> 00:10:21,680 » Well, I can So, that's about the best. 176 00:10:21,680 --> 00:10:23,519 The information I I gave you was about 177 00:10:23,519 --> 00:10:25,200 the best that I think the board can give 178 00:10:25,200 --> 00:10:27,600 you is just to point out that the four 179 00:10:27,600 --> 00:10:33,120 factors need um substantial uh proof in 180 00:10:33,120 --> 00:10:35,600 terms of documentation. 181 00:10:35,600 --> 00:10:38,480 Um so you'll have to figure out what 182 00:10:38,480 --> 00:10:40,800 exactly that means going forward by 183 00:10:40,800 --> 00:10:43,360 looking at the four factors and doing 184 00:10:43,360 --> 00:10:46,480 some research on what they what they 185 00:10:46,480 --> 00:10:48,800 mean and and how to come forward with 186 00:10:48,800 --> 00:10:50,560 that. We can't counsel you on that, but 187 00:10:50,560 --> 00:10:53,200 I can tell you that it's important to 188 00:10:53,200 --> 00:10:56,160 know what's behind a use variance and 189 00:10:56,160 --> 00:10:58,399 that's all public information that's 190 00:10:58,399 --> 00:10:59,920 published out there. Do you want to add 191 00:10:59,920 --> 00:11:03,200 anything that I 192 00:11:03,200 --> 00:11:05,519 >> So, as the chair has said, we can't 193 00:11:05,519 --> 00:11:07,279 advise you specifically on what it is 194 00:11:07,279 --> 00:11:09,680 that you need to provide. The best that 195 00:11:09,680 --> 00:11:11,839 he can do is that reference to dollar 196 00:11:11,839 --> 00:11:14,480 and cents regarding the financial aspect 197 00:11:14,480 --> 00:11:16,880 of that. So you should go and look into 198 00:11:16,880 --> 00:11:20,320 that and see what available um samples 199 00:11:20,320 --> 00:11:25,269 are online. 200 00:11:25,279 --> 00:11:29,829 » Okay. Thank you. 201 00:11:29,839 --> 00:11:31,360 » Uh so that we've concluded with your 202 00:11:31,360 --> 00:11:33,760 application. You're free to stay or or 203 00:11:33,760 --> 00:11:36,160 if you need to go that's fine too. But 204 00:11:36,160 --> 00:11:44,550 um we're going to move on now with um 205 00:11:44,560 --> 00:11:48,000 » Sure, that's fine. Yeah. 206 00:11:48,000 --> 00:11:52,790 >> Yeah. Thanks. 207 00:11:52,800 --> 00:11:56,079 Okay. The next order of business is um 208 00:11:56,079 --> 00:11:57,839 to we are going to have a public hearing 209 00:11:57,839 --> 00:12:03,680 for um area variance uh on um 210 00:12:03,680 --> 00:12:05,279 let me get the reference numbers here. 211 00:12:05,279 --> 00:12:11,509 Sorry. 212 00:12:11,519 --> 00:12:13,279 Do we have do we have 213 00:12:13,279 --> 00:12:14,880 >> 26 V4? 214 00:12:14,880 --> 00:12:19,279 >> Okay. for 2026 V Oh, there it is. V04, 215 00:12:19,279 --> 00:12:22,079 which is an area variance application uh 216 00:12:22,079 --> 00:12:25,040 on 314 Perry Road 217 00:12:25,040 --> 00:12:26,720 uh to create a parcel with less than 218 00:12:26,720 --> 00:12:30,720 required road frontage from 240 ft to 219 00:12:30,720 --> 00:12:32,880 140 ft and that's in an agricultural 220 00:12:32,880 --> 00:12:34,880 zone. 221 00:12:34,880 --> 00:12:38,800 I don't see the applicant here tonight. 222 00:12:38,800 --> 00:12:41,680 Um so uh so we'll have to go off what 223 00:12:41,680 --> 00:12:45,120 he's provided to us in the application. 224 00:12:45,120 --> 00:12:48,790 Um 225 00:12:48,800 --> 00:12:52,399 is anyone here in the public 226 00:12:52,399 --> 00:12:56,639 to speak for or against the application 227 00:12:56,639 --> 00:13:01,509 for um 228 00:13:01,519 --> 00:13:07,990 314 Perry Road. 229 00:13:08,000 --> 00:13:12,480 Okay, not seeing anybody 230 00:13:12,480 --> 00:13:14,880 to speak on that particular application. 231 00:13:14,880 --> 00:13:17,120 Uh, normally we would inquire with the 232 00:13:17,120 --> 00:13:18,959 applicant 233 00:13:18,959 --> 00:13:21,040 um for more information on the five 234 00:13:21,040 --> 00:13:23,120 factors, but we don't have that 235 00:13:23,120 --> 00:13:24,639 opportunity. 236 00:13:24,639 --> 00:13:27,600 So, I will begin to read some 237 00:13:27,600 --> 00:13:31,920 um the correspondence we received 238 00:13:31,920 --> 00:13:35,120 into the record. Um, we have one from 239 00:13:35,120 --> 00:13:38,949 the town engineer 240 00:13:38,959 --> 00:13:45,829 Um 241 00:13:45,839 --> 00:13:48,560 he states that a 239 review is not 242 00:13:48,560 --> 00:13:51,920 required for this type of application. 243 00:13:51,920 --> 00:13:53,760 Um 244 00:13:53,760 --> 00:13:56,000 agricultural districts do exist within 245 00:13:56,000 --> 00:13:58,880 500 ft of the parcel. However, area 246 00:13:58,880 --> 00:14:00,480 variances are not subject to an 247 00:14:00,480 --> 00:14:03,519 agricultural data statement. 248 00:14:03,519 --> 00:14:06,560 He defers the seeker to legal counsel 249 00:14:06,560 --> 00:14:08,800 and the board 250 00:14:08,800 --> 00:14:10,560 and the request is to reduce the 251 00:14:10,560 --> 00:14:12,399 required road frontage to install a 252 00:14:12,399 --> 00:14:14,000 driveway. 253 00:14:14,000 --> 00:14:16,800 Subsequent use of the parcel relative to 254 00:14:16,800 --> 00:14:21,030 that driveway is not disclosed 255 00:14:21,040 --> 00:14:23,199 and without a known use such as a 256 00:14:23,199 --> 00:14:25,120 residence location of that use on the 257 00:14:25,120 --> 00:14:28,320 parcel including setbacks to structures. 258 00:14:28,320 --> 00:14:30,000 Um, we recommend requesting a 259 00:14:30,000 --> 00:14:34,079 preliminary site layout and otherwise he 260 00:14:34,079 --> 00:14:37,040 did not say anything about engineering 261 00:14:37,040 --> 00:14:41,360 objections or not. That's all he wrote. 262 00:14:41,360 --> 00:14:45,750 So that is in the record. 263 00:14:45,760 --> 00:14:49,279 I do not have any further 264 00:14:49,279 --> 00:14:51,279 uh correspondence to read in the record 265 00:14:51,279 --> 00:14:56,399 for this application. So, um, 266 00:14:56,399 --> 00:14:58,800 does anybody have anything else to, uh, 267 00:14:58,800 --> 00:15:04,389 for the public hearing? 268 00:15:04,399 --> 00:15:16,629 There's the applicant. 269 00:15:16,639 --> 00:15:18,639 » I don't have a copy 270 00:15:18,639 --> 00:15:20,000 laying around anywhere. 271 00:15:20,000 --> 00:15:22,000 >> I have 272 00:15:22,000 --> 00:15:24,720 I used to I changed my notebook. 273 00:15:24,720 --> 00:15:29,199 >> I have them written on my laptop, but I 274 00:15:29,199 --> 00:15:30,959 >> Oh, wait. They're in the application at 275 00:15:30,959 --> 00:15:35,600 least. Okay. Some um 276 00:15:35,600 --> 00:15:40,870 cursory um 277 00:15:40,880 --> 00:15:47,030 there it is. That's use. 278 00:15:47,040 --> 00:15:50,720 All right, Mr. Frier. 279 00:15:50,720 --> 00:15:52,320 We're at the part where we give you an 280 00:15:52,320 --> 00:15:56,959 opportunity to describe your um 281 00:15:56,959 --> 00:15:58,480 project 282 00:15:58,480 --> 00:16:01,920 and we will go over at least a few of 283 00:16:01,920 --> 00:16:05,680 the um five factors that you're familiar 284 00:16:05,680 --> 00:16:09,120 with. So, why don't you take the time 285 00:16:09,120 --> 00:16:12,560 here to just tell us more about your um 286 00:16:12,560 --> 00:16:14,720 what you're trying to do and the layout 287 00:16:14,720 --> 00:16:18,160 of the parcel and some reasons why um 288 00:16:18,160 --> 00:16:20,320 you need and are doing this. You have 289 00:16:20,320 --> 00:16:22,560 the floor. 290 00:16:22,560 --> 00:16:33,990 >> Oh, can you do a microphone here? So, 291 00:16:34,000 --> 00:16:35,040 » is that okay? 292 00:16:35,040 --> 00:16:35,600 >> I think so. 293 00:16:35,600 --> 00:16:36,880 >> Is that okay? Hear me? Okay. 294 00:16:36,880 --> 00:16:37,680 >> Yeah, that's good. 295 00:16:37,680 --> 00:16:40,320 >> All right. So, obviously it's a it's a 296 00:16:40,320 --> 00:16:43,519 flag pole lot um that we're looking at. 297 00:16:43,519 --> 00:16:46,639 I would like to put a driveway in to 298 00:16:46,639 --> 00:16:50,079 access the back of the parcel. 299 00:16:50,079 --> 00:16:55,120 I have um really have no set plans right 300 00:16:55,120 --> 00:16:58,800 now. We're thinking eventually either my 301 00:16:58,800 --> 00:17:00,720 wife and I may build a smaller house, 302 00:17:00,720 --> 00:17:04,400 our kids may buy our bigger house. 303 00:17:04,400 --> 00:17:06,559 At this point, we really don't have any 304 00:17:06,559 --> 00:17:10,240 set plans as far as 305 00:17:10,240 --> 00:17:11,919 what we're going to do moving forward at 306 00:17:11,919 --> 00:17:14,319 this point, but I like would like to get 307 00:17:14,319 --> 00:17:16,720 the driveway installed 308 00:17:16,720 --> 00:17:18,880 for better access to the back of the 309 00:17:18,880 --> 00:17:22,160 property at this. 310 00:17:22,160 --> 00:17:23,679 Okay. 311 00:17:23,679 --> 00:17:25,839 I'll take you through uh some of the 312 00:17:25,839 --> 00:17:27,679 factors here just to get a little bit 313 00:17:27,679 --> 00:17:32,960 more detail. Um, do you foresee just by 314 00:17:32,960 --> 00:17:35,679 uh the nature of asking for this um 315 00:17:35,679 --> 00:17:38,480 variance whether you'll create an 316 00:17:38,480 --> 00:17:40,799 undesirable change uh in the character 317 00:17:40,799 --> 00:17:42,640 of the neighborhood to be a detriment to 318 00:17:42,640 --> 00:17:44,080 nearby properties? 319 00:17:44,080 --> 00:17:45,200 >> I do not. 320 00:17:45,200 --> 00:17:46,720 >> Okay. 321 00:17:46,720 --> 00:17:49,120 And would the reason be that right now 322 00:17:49,120 --> 00:17:51,360 you're not building anything on it 323 00:17:51,360 --> 00:17:52,960 except the driveway 324 00:17:52,960 --> 00:17:54,160 >> by chance? Right. 325 00:17:54,160 --> 00:17:57,510 >> Okay. 326 00:17:57,520 --> 00:18:00,720 Can you do this by any other method? Can 327 00:18:00,720 --> 00:18:02,799 you achieve your your goal of reaching 328 00:18:02,799 --> 00:18:06,480 the back of the property like you said? 329 00:18:06,480 --> 00:18:07,679 >> I cannot. 330 00:18:07,679 --> 00:18:09,679 >> Okay. 331 00:18:09,679 --> 00:18:13,350 Um, 332 00:18:13,360 --> 00:18:15,600 and will the proposed variance, this is 333 00:18:15,600 --> 00:18:17,200 similar to question number one, but it 334 00:18:17,200 --> 00:18:19,360 deals more with the environment, have an 335 00:18:19,360 --> 00:18:21,360 adverse effect on the physical or 336 00:18:21,360 --> 00:18:22,880 environmental conditions in the 337 00:18:22,880 --> 00:18:24,160 neighborhood or district? 338 00:18:24,160 --> 00:18:26,960 >> It will not. What what type of um 339 00:18:26,960 --> 00:18:28,799 material is going is the driveway going 340 00:18:28,799 --> 00:18:29,679 to be? 341 00:18:29,679 --> 00:18:32,720 >> Uh probably crush or run at this point. 342 00:18:32,720 --> 00:18:35,280 >> Okay. 343 00:18:35,280 --> 00:18:36,559 Those are the ones that I'll 344 00:18:36,559 --> 00:18:38,480 cover. The board will there's a couple 345 00:18:38,480 --> 00:18:40,240 more and the five factors that the board 346 00:18:40,240 --> 00:18:43,120 will weigh um based on the information. 347 00:18:43,120 --> 00:18:46,559 Um the board you have any questions for 348 00:18:46,559 --> 00:18:53,590 the applicant? 349 00:18:53,600 --> 00:18:56,880 » Mr. Fer, do you 350 00:18:56,880 --> 00:18:58,640 own the lot now? 351 00:18:58,640 --> 00:18:59,440 >> Yes, I do. 352 00:18:59,440 --> 00:19:02,240 >> Okay. So, you've had it. It's adjoined. 353 00:19:02,240 --> 00:19:02,960 Um, 354 00:19:02,960 --> 00:19:06,799 >> yes. So, originally, um, when my dad 355 00:19:06,799 --> 00:19:10,000 passed away, 356 00:19:10,000 --> 00:19:13,750 we had parcled 357 00:19:13,760 --> 00:19:16,480 a 2acre section out of the house and 358 00:19:16,480 --> 00:19:18,080 then I purchased the back of the 359 00:19:18,080 --> 00:19:18,799 property. 360 00:19:18,799 --> 00:19:20,160 >> Okay. 361 00:19:20,160 --> 00:19:24,000 >> So, my brother lives above me. which 362 00:19:24,000 --> 00:19:27,600 joins all of that 363 00:19:27,600 --> 00:19:30,320 kind of pars out, you know, make it a 364 00:19:30,320 --> 00:19:33,039 nice place for someone else. That's why 365 00:19:33,039 --> 00:19:35,600 we sectioned it out like this. 366 00:19:35,600 --> 00:19:38,320 >> Okay. 367 00:19:38,320 --> 00:19:40,960 >> I'm good. 368 00:19:40,960 --> 00:19:44,559 >> Okay. And it is over two acres or it's 369 00:19:44,559 --> 00:19:47,360 Yeah. Okay. 370 00:19:47,360 --> 00:19:50,480 >> Yeah. GISDS says 4.8. So 371 00:19:50,480 --> 00:19:54,559 >> 4.8 I think. 4.89. Yeah, it's close. 372 00:19:54,559 --> 00:19:55,600 enough. 373 00:19:55,600 --> 00:19:57,600 >> Yeah, about a 5 acre parcel. 374 00:19:57,600 --> 00:19:58,080 >> Okay. 375 00:19:58,080 --> 00:20:01,600 >> Um, so I mean, as far as a building lot 376 00:20:01,600 --> 00:20:05,200 easily would be within all the 377 00:20:05,200 --> 00:20:08,400 factors of setbacks and whatot. 378 00:20:08,400 --> 00:20:11,039 >> Okay. Any other questions from other 379 00:20:11,039 --> 00:20:15,590 board members? 380 00:20:15,600 --> 00:20:18,400 » You too, Dan. 381 00:20:18,400 --> 00:20:23,510 You got anything? Okay. 382 00:20:23,520 --> 00:20:24,480 going once. 383 00:20:24,480 --> 00:20:26,960 >> I guess I have one question. I'm trying 384 00:20:26,960 --> 00:20:28,240 to look at the application, try to 385 00:20:28,240 --> 00:20:30,799 figure this out. 240 to 140 foot road 386 00:20:30,799 --> 00:20:32,559 frontage for a driveway. It's 100 foot 387 00:20:32,559 --> 00:20:34,159 wide driveway. 388 00:20:34,159 --> 00:20:38,320 >> No, no, no. So, zoning regulations call 389 00:20:38,320 --> 00:20:40,320 for 240 ft. 390 00:20:40,320 --> 00:20:40,640 >> Okay. 391 00:20:40,640 --> 00:20:42,640 >> I have 140. Gotcha. Thank you. 392 00:20:42,640 --> 00:20:45,919 >> So, I'm asking for 14 or 100 foot. Yeah. 393 00:20:45,919 --> 00:20:46,720 >> Thank you. 394 00:20:46,720 --> 00:20:51,029 Okay. 395 00:20:51,039 --> 00:20:55,919 Um, hearing no further 396 00:20:55,919 --> 00:20:58,159 board questions. 397 00:20:58,159 --> 00:20:59,760 >> May I ask you one? 398 00:20:59,760 --> 00:21:01,520 >> You you may 399 00:21:01,520 --> 00:21:04,559 >> I understand that you don't have a set 400 00:21:04,559 --> 00:21:06,799 plan at the moment. Is it safe to say 401 00:21:06,799 --> 00:21:09,039 that no matter what your your intended 402 00:21:09,039 --> 00:21:11,280 use will be residential, some sort of 403 00:21:11,280 --> 00:21:12,320 residential? 404 00:21:12,320 --> 00:21:13,520 >> Yes, 100%. 405 00:21:13,520 --> 00:21:19,029 >> Okay. 406 00:21:19,039 --> 00:21:24,400 This is egg though, right? You're okay. 407 00:21:24,400 --> 00:21:27,760 >> So, yeah. Okay. 408 00:21:27,760 --> 00:21:31,840 All right. The last call 409 00:21:31,840 --> 00:21:35,360 for any anybody. Okay. 410 00:21:35,360 --> 00:21:37,919 Then with that 411 00:21:37,919 --> 00:21:40,640 um without objection from the board 412 00:21:40,640 --> 00:21:42,320 members I will close the public hearing 413 00:21:42,320 --> 00:21:47,919 on this application now and we can move forward with um seeker and then 414 00:21:47,919 --> 00:21:54,799 final discussion u for on the uh on the resolution. 415 00:21:54,799 --> 00:21:57,039 Okay, no objections. So the public 416 00:21:57,039 --> 00:21:59,760 hearing for this is now closed. 417 00:21:59,760 --> 00:22:03,520 Um moving on to uh seeker. I've been 418 00:22:03,520 --> 00:22:05,360 informed that this is a type two action 419 00:22:05,360 --> 00:22:08,320 and therefore uh we have no action to 420 00:22:08,320 --> 00:22:11,039 take on seeker. Um we just let it go. 421 00:22:11,039 --> 00:22:12,400 Right. It doesn't we don't need a vote 422 00:22:12,400 --> 00:22:14,000 to accept type two. That's correct. 423 00:22:14,000 --> 00:22:15,919 >> Okay. 424 00:22:15,919 --> 00:22:18,880 >> So seeker is complete being a type two. 425 00:22:18,880 --> 00:22:22,559 And um now we can cover the uh 426 00:22:22,559 --> 00:22:25,679 discussion on the on the issue or do you 427 00:22:25,679 --> 00:22:28,559 want to dive into the questions from the 428 00:22:28,559 --> 00:22:30,960 you have the resolution there? 429 00:22:30,960 --> 00:22:38,870 I do not the resolution. 430 00:22:38,880 --> 00:22:42,320 » Yeah, we usually work off the um 431 00:22:42,320 --> 00:22:44,240 the resolution which addresses the five 432 00:22:44,240 --> 00:22:46,400 factors but I mean we we can 433 00:22:46,400 --> 00:22:47,760 >> I don't have that but I do have the 434 00:22:47,760 --> 00:22:48,880 question so I can just work through 435 00:22:48,880 --> 00:22:49,039 that. 436 00:22:49,039 --> 00:22:50,400 >> Oh yeah. All right. That's that well 437 00:22:50,400 --> 00:22:51,679 that's that's fine. That's what I meant. 438 00:22:51,679 --> 00:22:54,960 So uh if you so the board do do we have 439 00:22:54,960 --> 00:22:56,640 any preliminary discussion or we just 440 00:22:56,640 --> 00:22:59,120 want to take each question peace meal 441 00:22:59,120 --> 00:22:59,919 and 442 00:22:59,919 --> 00:23:02,559 >> I do I do have some discussion with this 443 00:23:02,559 --> 00:23:03,360 >> fine 444 00:23:03,360 --> 00:23:07,120 >> remember in previous 445 00:23:07,120 --> 00:23:09,039 meetings we've had an issue with the 446 00:23:09,039 --> 00:23:11,280 front edge and like a 100 foot but the 447 00:23:11,280 --> 00:23:13,360 lines in the back were so wide it 448 00:23:13,360 --> 00:23:17,120 averaged out to be 240. Would it Mr. 449 00:23:17,120 --> 00:23:18,720 rear's property fall under this 450 00:23:18,720 --> 00:23:20,799 guideline because it looks like he's got 451 00:23:20,799 --> 00:23:25,280 a fair amount of back property line back 452 00:23:25,280 --> 00:23:27,919 >> because ultimately if it averages out 453 00:23:27,919 --> 00:23:32,080 more his variance is a mute point. 454 00:23:32,080 --> 00:23:34,000 >> We have done that before. We have gone 455 00:23:34,000 --> 00:23:35,039 down that road. 456 00:23:35,039 --> 00:23:36,480 >> Correct. 457 00:23:36,480 --> 00:23:38,400 >> That was out on River Road. Right. 458 00:23:38,400 --> 00:23:40,960 >> Correct. 459 00:23:40,960 --> 00:23:42,400 >> The McGawan application. 460 00:23:42,400 --> 00:23:44,559 >> Right. 461 00:23:44,559 --> 00:23:46,880 And I think this could fall under under 462 00:23:46,880 --> 00:23:49,760 that same guideline 463 00:23:49,760 --> 00:23:53,039 with the five acres. Do you know, Mr. 464 00:23:53,039 --> 00:23:55,440 Fer, by any chance how long your back 465 00:23:55,440 --> 00:23:56,320 property line is? 466 00:23:56,320 --> 00:24:01,200 >> Look right now. And fortunately for you, 467 00:24:01,200 --> 00:24:04,080 I don't have my glasses. 468 00:24:04,080 --> 00:24:05,679 Um, 469 00:24:05,679 --> 00:24:08,720 it it's quite long. Um, can I bring this 470 00:24:08,720 --> 00:24:12,159 up to you? You can see it. 471 00:24:12,159 --> 00:24:15,679 Are you are you familiar with 472 00:24:15,679 --> 00:24:33,669 >> notific 473 00:24:33,679 --> 00:24:35,279 property line 474 00:24:35,279 --> 00:24:37,039 >> and then the front is 140 475 00:24:37,039 --> 00:24:38,559 >> that the definition I believe in the 476 00:24:38,559 --> 00:24:41,840 code is what led us beforehand to this 477 00:24:41,840 --> 00:24:45,120 conclusion. It's the 478 00:24:45,120 --> 00:24:47,600 a frontage 479 00:24:47,600 --> 00:24:51,360 definition was the average, 480 00:24:51,360 --> 00:24:53,120 not not necessarily right up to the 481 00:24:53,120 --> 00:24:54,720 road. We checked the definitions on that 482 00:24:54,720 --> 00:24:56,960 last. Maybe we should do an exercise 483 00:24:56,960 --> 00:25:00,080 >> because it was 502 plus the 140 divided 484 00:25:00,080 --> 00:25:02,000 by two and that gave us our average. 485 00:25:02,000 --> 00:25:03,360 >> Correct. 486 00:25:03,360 --> 00:25:07,200 >> So you're you're 602 642 divide that 487 00:25:07,200 --> 00:25:09,679 you're you're well over 240, 488 00:25:09,679 --> 00:25:11,120 right? 489 00:25:11,120 --> 00:25:12,080 Um 490 00:25:12,080 --> 00:25:13,919 >> meaning it would not be required. 491 00:25:13,919 --> 00:25:19,190 >> Right. Right. Um 492 00:25:19,200 --> 00:25:23,760 we should probably do that again through 493 00:25:23,760 --> 00:25:26,720 the definitions if if we want to go to 494 00:25:26,720 --> 00:25:34,710 e-code real quick. Um 495 00:25:34,720 --> 00:25:36,880 good catch there, John. believe at least 496 00:25:36,880 --> 00:25:39,840 potentially 497 00:25:39,840 --> 00:25:41,360 >> or Yeah. 498 00:25:41,360 --> 00:25:44,000 >> Well, I just think that he's got he's 499 00:25:44,000 --> 00:25:45,760 got more than enough. 500 00:25:45,760 --> 00:25:49,120 >> It's a big enough lot. It's not like 501 00:25:49,120 --> 00:25:53,840 >> I had forgotten about that that case. 502 00:25:53,840 --> 00:25:56,400 >> All right. Um 503 00:25:56,400 --> 00:26:02,149 frontage, 504 00:26:02,159 --> 00:26:04,799 right? because we went through a lengthy 505 00:26:04,799 --> 00:26:07,200 discussion about was was it lot line 506 00:26:07,200 --> 00:26:08,320 frontage? There are all those 507 00:26:08,320 --> 00:26:10,080 definitions in there that 508 00:26:10,080 --> 00:26:10,720 >> right 509 00:26:10,720 --> 00:26:13,039 >> and I believe it said the frontage was 510 00:26:13,039 --> 00:26:15,440 the a was the average and not just the 511 00:26:15,440 --> 00:26:18,320 one that abuts the 512 00:26:18,320 --> 00:26:20,320 so I'm not seeing average I'm seeing the 513 00:26:20,320 --> 00:26:23,440 property line of the lot which is 514 00:26:23,440 --> 00:26:40,549 contiguous with the street 515 00:26:40,559 --> 00:26:41,840 Do you remember when we did that? We 516 00:26:41,840 --> 00:26:43,919 could have them pull the minutes so we 517 00:26:43,919 --> 00:26:49,190 could refresh our memory on that. 518 00:26:49,200 --> 00:26:51,039 » The end of last year, I think, wasn't 519 00:26:51,039 --> 00:26:51,919 it? 520 00:26:51,919 --> 00:26:54,400 >> November, December. It was McGawan. It 521 00:26:54,400 --> 00:26:56,400 was up on River Road. 522 00:26:56,400 --> 00:26:58,559 >> I think it was November time frame. 523 00:26:58,559 --> 00:27:00,480 >> I don't remember 524 00:27:00,480 --> 00:27:02,480 >> because he was I think he was up for the 525 00:27:02,480 --> 00:27:08,789 holidays if I remember correctly. 526 00:27:08,799 --> 00:27:17,909 » Correct. Correct. This is a similar 527 00:27:17,919 --> 00:27:18,799 » No, it wasn't. 528 00:27:18,799 --> 00:27:19,440 >> It doesn't. 529 00:27:19,440 --> 00:27:22,159 >> It wasn't a horseshoe. 530 00:27:22,159 --> 00:27:25,600 It was a flag. Had a very long backyard 531 00:27:25,600 --> 00:27:28,320 and then he had only one way to come 532 00:27:28,320 --> 00:27:31,120 down to the front to the road like this 533 00:27:31,120 --> 00:27:33,919 one. I mean it may have been a horseshoe 534 00:27:33,919 --> 00:27:37,440 and that's right up near you. 535 00:27:37,440 --> 00:27:38,960 Actually a border. Well, part of well 536 00:27:38,960 --> 00:27:44,789 some of his property borders you but 537 00:27:44,799 --> 00:27:51,830 get there. Oh, there we go. 538 00:27:51,840 --> 00:27:54,240 lot frontage. The property line of the 539 00:27:54,240 --> 00:28:07,029 lot which is 540 00:28:07,039 --> 00:28:08,799 I know we found it. I remember the 541 00:28:08,799 --> 00:28:10,799 discussion too. I just wish we need to 542 00:28:10,799 --> 00:28:14,470 um 543 00:28:14,480 --> 00:28:16,399 » because I see one here for irregular 544 00:28:16,399 --> 00:28:18,000 shapes. 545 00:28:18,000 --> 00:28:19,679 Find the average width by measuring the 546 00:28:19,679 --> 00:28:21,679 narrowest and widest points. Divide by 547 00:28:21,679 --> 00:28:25,360 two for an irregularly shaped lot. It's 548 00:28:25,360 --> 00:28:32,950 not a rectangle. 549 00:28:32,960 --> 00:28:34,559 » Did you find that in our code or just a 550 00:28:34,559 --> 00:28:36,240 general definition? just in general 551 00:28:36,240 --> 00:28:39,200 definitions for a property. 552 00:28:39,200 --> 00:28:43,269 Trying to find it in the 553 00:28:43,279 --> 00:28:46,080 code 554 00:28:46,080 --> 00:28:48,720 because originally it started at the 555 00:28:48,720 --> 00:28:51,200 state and then we had found you had 556 00:28:51,200 --> 00:28:54,880 found it along the way 557 00:28:54,880 --> 00:28:56,480 in the town code. 558 00:28:56,480 --> 00:28:57,679 >> I know. 559 00:28:57,679 --> 00:29:00,320 >> I just don't remember what what part of 560 00:29:00,320 --> 00:29:01,919 the code it was. 561 00:29:01,919 --> 00:29:05,440 >> I know frontage isn't giving 562 00:29:05,440 --> 00:29:06,159 How about 563 00:29:06,159 --> 00:29:07,760 >> and a quick search of the word average 564 00:29:07,760 --> 00:29:10,159 isn't pulling anything up in your code 565 00:29:10,159 --> 00:29:18,230 either 566 00:29:18,240 --> 00:29:19,919 irregular 567 00:29:19,919 --> 00:29:21,760 because I'm pretty sure it was October 568 00:29:21,760 --> 00:29:25,520 November of 25. 569 00:29:25,520 --> 00:29:27,440 >> Yes, it wasn't that long ago and you're 570 00:29:27,440 --> 00:29:32,389 right. It wasn't this year. 571 00:29:32,399 --> 00:29:34,000 » Can you spell the last name of 572 00:29:34,000 --> 00:29:46,950 application. 573 00:29:46,960 --> 00:29:54,789 Trying to see if I have the resolution. 574 00:29:54,799 --> 00:29:56,080 Well, I don't think there was a 575 00:29:56,080 --> 00:29:58,080 resolution in the end because we 576 00:29:58,080 --> 00:29:58,640 >> right 577 00:29:58,640 --> 00:30:01,760 >> we agreed that we we agreed that it was 578 00:30:01,760 --> 00:30:02,559 >> Yeah, we need the minutes 579 00:30:02,559 --> 00:30:04,480 >> a legal lot that he didn't need to have 580 00:30:04,480 --> 00:30:08,799 a a variance for lack of frontage. 581 00:30:08,799 --> 00:30:11,200 >> We have uh 582 00:30:11,200 --> 00:30:13,039 minutes going back to last year on on 583 00:30:13,039 --> 00:30:16,320 the town here, right? 584 00:30:16,320 --> 00:30:23,909 >> Okay. 585 00:30:23,919 --> 00:30:53,669 Yeah, I want to get this right. 586 00:30:53,679 --> 00:30:57,269 Okay. 587 00:30:57,279 --> 00:31:02,470 September 23rd 588 00:31:02,480 --> 00:31:12,630 minutes. There we go. Let me see. 589 00:31:12,640 --> 00:31:20,149 Oh, yeah. There we go. 590 00:31:20,159 --> 00:31:45,669 All right. 591 00:31:45,679 --> 00:31:47,440 Oh, there there we go. Discussion of 592 00:31:47,440 --> 00:31:49,840 McGawan public hearing C attached for 593 00:31:49,840 --> 00:32:02,710 comments on top. 594 00:32:02,720 --> 00:32:04,720 Motion to hold open the public hearing 595 00:32:04,720 --> 00:32:06,799 and table the application by White 596 00:32:06,799 --> 00:32:09,440 seconded by Walters Gina Middleton and 597 00:32:09,440 --> 00:32:13,120 for Nate contact for code officer on on 598 00:32:13,120 --> 00:32:16,549 interpretation 599 00:32:16,559 --> 00:32:18,320 motion to hold open the public hearing 600 00:32:18,320 --> 00:32:20,000 and table the application. So we tabled 601 00:32:20,000 --> 00:32:23,750 it 602 00:32:23,760 --> 00:32:27,440 that was there's no 603 00:32:27,440 --> 00:32:29,360 >> then I think go to October's because 604 00:32:29,360 --> 00:32:31,360 then I think we finalized that in 605 00:32:31,360 --> 00:32:32,399 October. 606 00:32:32,399 --> 00:32:33,919 >> Okay. 607 00:32:33,919 --> 00:32:40,230 Yeah. Um 608 00:32:40,240 --> 00:32:44,000 hang on. No. Okay. 609 00:32:44,000 --> 00:32:45,760 October. 610 00:32:45,760 --> 00:32:48,640 We didn't have an October. 611 00:32:48,640 --> 00:32:51,519 We had a December. There's no discussion 612 00:32:51,519 --> 00:32:53,679 minutes. There are there's no minutes 613 00:32:53,679 --> 00:32:56,320 about the discussion. 614 00:32:56,320 --> 00:32:57,200 >> Yeah. 615 00:32:57,200 --> 00:32:58,799 >> Anything I'm finding in Thomas Schneango 616 00:32:58,799 --> 00:33:01,200 is saying that it's needs to apply for a 617 00:33:01,200 --> 00:33:04,159 variance unless it's 240 ft which 618 00:33:04,159 --> 00:33:08,000 directly butts to a baseline of a road. 619 00:33:08,000 --> 00:33:09,440 So, it's not giving us an average at 620 00:33:09,440 --> 00:33:12,960 all. saying it has to have an actual 621 00:33:12,960 --> 00:33:14,559 >> That's 622 00:33:14,559 --> 00:33:16,640 um 623 00:33:16,640 --> 00:33:17,200 >> Well, 624 00:33:17,200 --> 00:33:18,799 >> are we sure this wasn't in reference to 625 00:33:18,799 --> 00:33:25,350 a front yard setback rather than 626 00:33:25,360 --> 00:33:27,519 » No, this was a this was a front yard 627 00:33:27,519 --> 00:33:30,640 front lot line 628 00:33:30,640 --> 00:33:32,880 conforming use size lot. 629 00:33:32,880 --> 00:33:34,640 >> Create a buildable lot with less than 630 00:33:34,640 --> 00:33:40,630 required road frontage from 240 to 128. 631 00:33:40,640 --> 00:33:42,480 I've got I've got nothing else. I mean, 632 00:33:42,480 --> 00:33:46,080 we and um the only way other way would 633 00:33:46,080 --> 00:33:50,320 be to re review the actual video, but I 634 00:33:50,320 --> 00:33:52,320 don't know if we're we need to go down 635 00:33:52,320 --> 00:33:54,559 particularly that road. 636 00:33:54,559 --> 00:33:57,039 No, I don't 637 00:33:57,039 --> 00:33:58,640 I just don't remember enough of the 638 00:33:58,640 --> 00:34:07,269 details personally. Does anybody else? 639 00:34:07,279 --> 00:34:11,589 Oh, hang on. Maybe I have notes. 640 00:34:11,599 --> 00:34:15,270 There was no October 641 00:34:15,280 --> 00:34:19,359 and September was limited in in the the 642 00:34:19,359 --> 00:34:23,359 detail of the minutes. It didn't have 643 00:34:23,359 --> 00:34:25,440 that particular discussion we're looking 644 00:34:25,440 --> 00:34:30,470 for. Um 645 00:34:30,480 --> 00:34:32,800 But we tabled it. So we got Well, we 646 00:34:32,800 --> 00:34:34,000 didn't get rid of it essentially. It's 647 00:34:34,000 --> 00:34:34,320 just 648 00:34:34,320 --> 00:34:35,599 >> sounds like you had an interpretation 649 00:34:35,599 --> 00:35:07,670 hearing at some point. 650 00:35:07,680 --> 00:35:11,200 Yeah. No, it was our discussion. Um, 651 00:35:11,200 --> 00:35:12,960 what did we close the public hearing in 652 00:35:12,960 --> 00:35:14,800 December then? Because we we left it 653 00:35:14,800 --> 00:35:16,400 open. I just looked at December's 654 00:35:16,400 --> 00:35:24,710 minutes. No. 655 00:35:24,720 --> 00:35:26,560 file. 656 00:35:26,560 --> 00:35:28,000 >> Well, I don't know if the file is going 657 00:35:28,000 --> 00:35:29,839 to help because we need the the 658 00:35:29,839 --> 00:35:31,760 discussion and and it would have been in 659 00:35:31,760 --> 00:35:33,200 the, you know, 660 00:35:33,200 --> 00:35:35,760 >> would have been in the minutes. I could 661 00:35:35,760 --> 00:35:37,359 go into January. I guess 662 00:35:37,359 --> 00:35:39,440 >> there's another one here from 1320 River 663 00:35:39,440 --> 00:35:42,800 Road, James Weidman. 664 00:35:42,800 --> 00:35:44,400 Same situation. I'm I'm going through 665 00:35:44,400 --> 00:35:47,680 your guys' notes. 666 00:35:47,680 --> 00:35:49,760 This was variance for less than required 667 00:35:49,760 --> 00:35:54,160 240 to 150 in an agricultural zone. 668 00:35:54,160 --> 00:35:59,430 >> Yeah, he was subdividing a lot, 669 00:35:59,440 --> 00:36:01,599 » right? Yeah, that was January 670 00:36:01,599 --> 00:36:02,960 >> double varants. You're right. 671 00:36:02,960 --> 00:36:06,630 >> Well, 672 00:36:06,640 --> 00:36:09,920 » John, good point. I remember 673 00:36:09,920 --> 00:36:13,119 but I but we're here 674 00:36:13,119 --> 00:36:13,520 so 675 00:36:13,520 --> 00:36:15,200 >> I just figured I would bring that to 676 00:36:15,200 --> 00:36:17,119 light and 677 00:36:17,119 --> 00:36:20,480 >> you know it's 678 00:36:20,480 --> 00:36:22,160 >> I just fig I bring it to light. 679 00:36:22,160 --> 00:36:24,400 >> So far I think we've done our due 680 00:36:24,400 --> 00:36:26,320 diligence as best we can. So why don't 681 00:36:26,320 --> 00:36:27,520 we just work with what we got on the 682 00:36:27,520 --> 00:36:29,839 table if that's okay with everybody. 683 00:36:29,839 --> 00:36:32,079 >> Yep. Unless you want me to continue or 684 00:36:32,079 --> 00:36:37,190 all of us continue digging. 685 00:36:37,200 --> 00:36:40,079 » I mean, essentially, 686 00:36:40,079 --> 00:36:42,000 >> we're granting the variance just to put 687 00:36:42,000 --> 00:36:43,839 the driveway in, 688 00:36:43,839 --> 00:36:45,359 >> per se. 689 00:36:45,359 --> 00:36:46,960 >> That would Well, we're granting the 690 00:36:46,960 --> 00:36:49,359 variance to 691 00:36:49,359 --> 00:36:52,160 allow for a buildable lot in some 692 00:36:52,160 --> 00:36:52,880 capacity. 693 00:36:52,880 --> 00:36:54,160 >> Okay. Well, that's where that's where 694 00:36:54,160 --> 00:36:55,839 I'm going down this road is if we're 695 00:36:55,839 --> 00:36:57,119 going to continue to go through the 696 00:36:57,119 --> 00:36:58,400 paces here. 697 00:36:58,400 --> 00:37:01,280 >> We get it. So, Mr. Frier doesn't have to 698 00:37:01,280 --> 00:37:03,280 come back for another variance when he 699 00:37:03,280 --> 00:37:05,520 wants to put a house on it. He just 700 00:37:05,520 --> 00:37:08,240 applies. Here's your plans. Here's I 701 00:37:08,240 --> 00:37:11,119 want my building permit. Build house. 702 00:37:11,119 --> 00:37:12,000 Done. 703 00:37:12,000 --> 00:37:12,560 >> Right. 704 00:37:12,560 --> 00:37:15,119 >> So, correct me if I'm wrong. He doesn't 705 00:37:15,119 --> 00:37:18,960 have to if he's just 706 00:37:18,960 --> 00:37:20,240 >> No, you'll have the road frontage. 707 00:37:20,240 --> 00:37:21,599 That's the only requirement. So, once 708 00:37:21,599 --> 00:37:23,119 you've got that frontage, 709 00:37:23,119 --> 00:37:23,599 >> correct? 710 00:37:23,599 --> 00:37:23,839 >> Yeah. 711 00:37:23,839 --> 00:37:25,119 >> Then you can build back there. You can 712 00:37:25,119 --> 00:37:25,599 do 713 00:37:25,599 --> 00:37:27,280 >> correct. I think that's why you had him 714 00:37:27,280 --> 00:37:28,640 involved. It's going to be residential, 715 00:37:28,640 --> 00:37:29,359 right? 716 00:37:29,359 --> 00:37:31,359 >> He didn't have to he didn't even have to 717 00:37:31,359 --> 00:37:32,800 build a driveway. That's just what's 718 00:37:32,800 --> 00:37:34,320 coming up, right? I mean, he could have 719 00:37:34,320 --> 00:37:35,200 divided. 720 00:37:35,200 --> 00:37:36,720 >> Yes. It's just small steps moving 721 00:37:36,720 --> 00:37:37,280 forward, 722 00:37:37,280 --> 00:37:38,240 >> right? 723 00:37:38,240 --> 00:37:40,960 >> So, the variance is approved. Uh there's 724 00:37:40,960 --> 00:37:44,960 no reason to put a driveway in 725 00:37:44,960 --> 00:37:48,000 for my lack of road frontage to not be 726 00:37:48,000 --> 00:37:51,589 able to do anything. 727 00:37:51,599 --> 00:37:53,520 » That sense? 728 00:37:53,520 --> 00:37:55,599 >> No, I think that's perfect sense. If you 729 00:37:55,599 --> 00:37:58,560 can't put a house on it, no sense in 730 00:37:58,560 --> 00:38:00,160 doing going any further. 731 00:38:00,160 --> 00:38:01,920 >> So, no, that's fine. We can move 732 00:38:01,920 --> 00:38:02,880 forward. 733 00:38:02,880 --> 00:38:06,790 >> Okay, 734 00:38:06,800 --> 00:38:09,599 everybody in agreement 735 00:38:09,599 --> 00:38:11,119 moving forward? 736 00:38:11,119 --> 00:38:11,599 >> Yep. 737 00:38:11,599 --> 00:38:14,160 >> Otherwise, because I'll turn it over to 738 00:38:14,160 --> 00:38:17,119 um Karen here to 739 00:38:17,119 --> 00:38:20,320 >> walk through. 740 00:38:20,320 --> 00:38:22,720 >> Okay. As I go through these questions, 741 00:38:22,720 --> 00:38:24,800 as you provide your input and as you 742 00:38:24,800 --> 00:38:27,040 answer, if you can give a statement of 743 00:38:27,040 --> 00:38:29,040 your reasoning for why you're stating 744 00:38:29,040 --> 00:38:30,560 you feel that way, that would be helpful 745 00:38:30,560 --> 00:38:32,960 for us perfecting the record. So, number 746 00:38:32,960 --> 00:38:34,640 one is, will the requested variance 747 00:38:34,640 --> 00:38:36,640 produce an undesirable change in the 748 00:38:36,640 --> 00:38:38,560 character of the neighborhood or cause a 749 00:38:38,560 --> 00:38:40,800 detriment to nearby properties? 750 00:38:40,800 --> 00:38:48,720 >> Will not. 751 00:38:48,720 --> 00:38:50,880 >> And the reasoning 752 00:38:50,880 --> 00:38:53,359 fits in with the 753 00:38:53,359 --> 00:38:54,960 property, you know, fits in with other 754 00:38:54,960 --> 00:38:57,440 properties within the area. 755 00:38:57,440 --> 00:39:01,200 >> And he assured us of the intent 756 00:39:01,200 --> 00:39:04,800 for um what's planned? 757 00:39:04,800 --> 00:39:07,990 >> Right. 758 00:39:08,000 --> 00:39:10,160 » Okay. Can the benefit sought by the 759 00:39:10,160 --> 00:39:11,839 applicant be achieved through another 760 00:39:11,839 --> 00:39:14,560 feasible method without granting the 761 00:39:14,560 --> 00:39:16,000 variance? 762 00:39:16,000 --> 00:39:17,920 >> No. No. 763 00:39:17,920 --> 00:39:21,680 No. other access available to 764 00:39:21,680 --> 00:39:27,589 the property. 765 00:39:27,599 --> 00:39:28,640 » Okay. 766 00:39:28,640 --> 00:39:30,400 >> Is the requested area variance 767 00:39:30,400 --> 00:39:32,640 substantial? I believe it was 100 ft. 768 00:39:32,640 --> 00:39:34,320 Correct? 769 00:39:34,320 --> 00:39:40,230 >> 100 ft. 770 00:39:40,240 --> 00:39:44,710 » No, 771 00:39:44,720 --> 00:39:47,280 » I don't feel a substantial. No, 772 00:39:47,280 --> 00:39:51,440 >> I'm okay with it. Agreed. 773 00:39:51,440 --> 00:39:53,839 >> Good. 774 00:39:53,839 --> 00:39:56,400 >> And is that based on 775 00:39:56,400 --> 00:39:58,079 maybe um 776 00:39:58,079 --> 00:40:00,000 >> with him using a resident doing a 777 00:40:00,000 --> 00:40:02,480 residential use for this property? Most 778 00:40:02,480 --> 00:40:05,440 residential lots are 100 ft or narrower. 779 00:40:05,440 --> 00:40:10,079 So I think I think that the 140 is more 780 00:40:10,079 --> 00:40:12,320 than fair for a residential setting. 781 00:40:12,320 --> 00:40:14,800 Good point. So it's within a common 782 00:40:14,800 --> 00:40:15,599 throughout the area. 783 00:40:15,599 --> 00:40:19,510 >> Correct. 784 00:40:19,520 --> 00:40:21,680 » Okay. Will the requested variance 785 00:40:21,680 --> 00:40:23,680 adversely affect the physical or 786 00:40:23,680 --> 00:40:25,119 environmental conditions of the 787 00:40:25,119 --> 00:40:26,880 neighborhood or district? 788 00:40:26,880 --> 00:40:30,560 >> Will not will not 789 00:40:30,560 --> 00:40:34,880 >> no major construction and no 790 00:40:34,880 --> 00:40:36,720 um very little disturbance 791 00:40:36,720 --> 00:40:40,640 >> future major construction. just typical 792 00:40:40,640 --> 00:40:44,640 residential slash rural 793 00:40:44,640 --> 00:40:53,670 use. Yeah. 794 00:40:53,680 --> 00:40:56,079 Okay. Is the difficulty giving rise to 795 00:40:56,079 --> 00:41:02,069 the area variance self created? 796 00:41:02,079 --> 00:41:04,240 And I will remind you that this specific 797 00:41:04,240 --> 00:41:06,800 factor does not negate the entire thing 798 00:41:06,800 --> 00:41:11,589 the way that it does. experience 799 00:41:11,599 --> 00:41:13,599 » to a certain part of me. I want to say 800 00:41:13,599 --> 00:41:16,960 no on this one, but it's still it can be 801 00:41:16,960 --> 00:41:20,069 self-created. 802 00:41:20,079 --> 00:41:22,480 And my no would only be is because this 803 00:41:22,480 --> 00:41:29,589 has been subdivided a long time ago. 804 00:41:29,599 --> 00:41:31,839 » Okay. Um, is everybody good with that? 805 00:41:31,839 --> 00:41:35,040 I'm I'm I'm going to go with the the 806 00:41:35,040 --> 00:41:38,079 standard. Yes, it is. And I and I would 807 00:41:38,079 --> 00:41:39,760 go with yes, but I mean, as I say, 808 00:41:39,760 --> 00:41:42,160 there's there's a no part of me in there 809 00:41:42,160 --> 00:41:45,920 that But at the end of the day, yes. 810 00:41:45,920 --> 00:41:48,400 >> Okay. 811 00:41:48,400 --> 00:41:49,920 >> What did you choose? Or what did not you 812 00:41:49,920 --> 00:41:51,680 choose, but what did you write 813 00:41:51,680 --> 00:41:52,720 >> that? Yes, it is. 814 00:41:52,720 --> 00:42:17,589 >> Okay. 815 00:42:17,599 --> 00:42:20,880 The summary question 816 00:42:20,880 --> 00:42:38,870 does the benefit out 817 00:42:38,880 --> 00:42:46,390 And 818 00:42:46,400 --> 00:42:48,640 in consideration of these factors, does 819 00:42:48,640 --> 00:42:54,550 the benefit outweigh the judgment? 820 00:42:54,560 --> 00:42:57,359 I feel with those. Yes. 821 00:42:57,359 --> 00:43:01,280 I feel with those as well. 822 00:43:01,280 --> 00:43:02,640 Okay. 823 00:43:02,640 --> 00:43:11,190 >> Yeah, I concur. 824 00:43:11,200 --> 00:43:15,440 » Okay. Um so we at this it's it appears 825 00:43:15,440 --> 00:43:18,640 as though uh we have determined uh that 826 00:43:18,640 --> 00:43:22,800 the benefit to the applicant outweighs 827 00:43:22,800 --> 00:43:27,200 um the detriment to the um 828 00:43:27,200 --> 00:43:31,280 nearby community for um shortness of a 829 00:43:31,280 --> 00:43:34,800 sentence there. And um therefore I would 830 00:43:34,800 --> 00:43:38,319 uh seek a motion to adopt this 831 00:43:38,319 --> 00:43:41,280 resolution granting 832 00:43:41,280 --> 00:43:46,950 the uh area variance. 833 00:43:46,960 --> 00:43:48,640 » Well, I'll make a motion to approve the 834 00:43:48,640 --> 00:43:49,440 variance. 835 00:43:49,440 --> 00:43:52,160 >> Okay, I'll second. All right. Did you 836 00:43:52,160 --> 00:43:53,920 get those? 837 00:43:53,920 --> 00:43:54,960 >> Roll call, please. 838 00:43:54,960 --> 00:43:56,079 >> Mr. Stone, 839 00:43:56,079 --> 00:43:56,480 >> I. 840 00:43:56,480 --> 00:43:57,599 >> Mr. Collins, 841 00:43:57,599 --> 00:43:57,920 >> I. 842 00:43:57,920 --> 00:43:58,880 >> Mr. White, 843 00:43:58,880 --> 00:43:59,200 >> I. 844 00:43:59,200 --> 00:44:00,240 >> Mr. Smith, 845 00:44:00,240 --> 00:44:00,560 >> I. 846 00:44:00,560 --> 00:44:01,760 >> Mr. Brewster. 847 00:44:01,760 --> 00:44:05,440 >> I Okay, John, you got your uh variance. 848 00:44:05,440 --> 00:44:06,560 >> Great. Thank you. 849 00:44:06,560 --> 00:44:08,560 >> Building permit required. 850 00:44:08,560 --> 00:44:10,319 >> Yep. Yep. When we decide what we're 851 00:44:10,319 --> 00:44:10,800 going to do, I'll 852 00:44:10,800 --> 00:44:12,000 >> whatever you decide what you're going to 853 00:44:12,000 --> 00:44:12,400 do. 854 00:44:12,400 --> 00:44:15,680 >> Ordinance department with the site plan 855 00:44:15,680 --> 00:44:16,720 and everything we need. 856 00:44:16,720 --> 00:44:17,280 >> Thank you. 857 00:44:17,280 --> 00:44:18,640 >> Appreciate it. Sure. It's a long trip. 858 00:44:18,640 --> 00:44:23,510 We got there. 859 00:44:23,520 --> 00:44:24,240 » I will. 860 00:44:24,240 --> 00:44:29,510 >> Have a good night. 861 00:44:29,520 --> 00:44:31,839 » Yeah, that's good. We've got I'm sure we 862 00:44:31,839 --> 00:44:34,800 can find the Well, I'm gonna watch the 863 00:44:34,800 --> 00:44:38,950 video again to see what we talked about 864 00:44:38,960 --> 00:44:41,200 » because John Yeah, we we did something 865 00:44:41,200 --> 00:44:42,240 like that. 866 00:44:42,240 --> 00:44:43,839 >> I don't exactly know how we pulled it 867 00:44:43,839 --> 00:44:44,720 off. 868 00:44:44,720 --> 00:44:47,119 >> And this falls in that same guideline, 869 00:44:47,119 --> 00:44:47,680 >> but 870 00:44:47,680 --> 00:44:49,520 >> and then now we're we're looking at the 871 00:44:49,520 --> 00:44:51,040 very same code that we looked at before 872 00:44:51,040 --> 00:44:54,640 and it's just throwing us a curveball. 873 00:44:54,640 --> 00:44:55,440 >> Correct. 874 00:44:55,440 --> 00:44:59,359 >> So, yeah. Okay. Well, we got through 875 00:44:59,359 --> 00:45:03,760 managed that. So, now we uh have let me 876 00:45:03,760 --> 00:45:08,480 clear some screens here. We have um an 877 00:45:08,480 --> 00:45:12,230 interpretation tonight 878 00:45:12,240 --> 00:45:17,109 for um 879 00:45:17,119 --> 00:45:21,829 read the actual 880 00:45:21,839 --> 00:45:25,680 Okay. The desire is to or the 881 00:45:25,680 --> 00:45:33,510 interpretation is to interpretate in 882 00:45:33,520 --> 00:45:36,000 is to interpret. 883 00:45:36,000 --> 00:45:43,670 Yeah, there is. 884 00:45:43,680 --> 00:45:47,040 » I apologize for that, but 885 00:45:47,040 --> 00:45:51,280 is to uh interpret the um code 886 00:45:51,280 --> 00:45:54,000 enforcement officer's um interpretation 887 00:45:54,000 --> 00:45:57,440 of the town code. The applicant has a 888 00:45:57,440 --> 00:45:59,599 desire 889 00:45:59,599 --> 00:46:04,319 to um conduct business, short-term 890 00:46:04,319 --> 00:46:09,200 rental business via the platform Airbnb 891 00:46:09,200 --> 00:46:12,560 and the zoning interpretation. I'll read 892 00:46:12,560 --> 00:46:17,190 into the record as follows. 893 00:46:17,200 --> 00:46:19,280 We did receive a letter from the code 894 00:46:19,280 --> 00:46:22,000 enforcement officer invited him to be 895 00:46:22,000 --> 00:46:23,119 here tonight, but he had other 896 00:46:23,119 --> 00:46:25,680 commitments. So, the code enforcement 897 00:46:25,680 --> 00:46:29,839 officer. Well, hang on one second. 898 00:46:29,839 --> 00:46:32,960 Let me without objection open the public 899 00:46:32,960 --> 00:46:36,319 hearing for this interpretation 900 00:46:36,319 --> 00:46:37,839 before I read anything else into the 901 00:46:37,839 --> 00:46:42,640 record. Um, so now that is open and I'll 902 00:46:42,640 --> 00:46:45,040 read this to the record and then we'll 903 00:46:45,040 --> 00:46:47,599 invite the public to speak. The 904 00:46:47,599 --> 00:46:49,520 applicant is the applicant here actually 905 00:46:49,520 --> 00:46:52,400 I should ask. I'm not seeing the 906 00:46:52,400 --> 00:46:55,359 applicants. Okay. 907 00:46:55,359 --> 00:46:58,079 So, from the 908 00:46:58,079 --> 00:47:00,079 code office, 909 00:47:00,079 --> 00:47:02,319 it is my interpretation that short-term 910 00:47:02,319 --> 00:47:06,160 rentals, i.e. air B&B are not allowed 911 00:47:06,160 --> 00:47:08,000 uses under the zoning code of the town 912 00:47:08,000 --> 00:47:09,839 of Shenango. 913 00:47:09,839 --> 00:47:13,200 Chapter 73-44, attachment one contains 914 00:47:13,200 --> 00:47:15,200 the permitted uses in a residential 915 00:47:15,200 --> 00:47:19,119 area. It also contains a footnote that 916 00:47:19,119 --> 00:47:22,240 says, quote, "Any use not expressly 917 00:47:22,240 --> 00:47:24,319 permitted under this section is hereby 918 00:47:24,319 --> 00:47:27,760 expressly excluded. As such, short-term 919 00:47:27,760 --> 00:47:30,800 rentals would be excluded from permitted 920 00:47:30,800 --> 00:47:35,760 uses under 73-44, attachment one. 921 00:47:35,760 --> 00:47:38,720 The current zoning law of the town does 922 00:47:38,720 --> 00:47:41,200 not address the concept of short-term 923 00:47:41,200 --> 00:47:43,760 rentals in any zoning district. A 924 00:47:43,760 --> 00:47:46,240 short-term rental is generally defined 925 00:47:46,240 --> 00:47:48,560 as a very specific dwelling unit or 926 00:47:48,560 --> 00:47:51,040 rooms that can be rented for a period of 927 00:47:51,040 --> 00:47:54,480 30 days or less. Zoning laws are for the 928 00:47:54,480 --> 00:47:56,319 purpose of maintaining a neighborhood's 929 00:47:56,319 --> 00:47:58,720 character piece as well as maintain a 930 00:47:58,720 --> 00:48:01,200 quality of life. Without local laws 931 00:48:01,200 --> 00:48:04,079 governing these very specific uses, such 932 00:48:04,079 --> 00:48:07,599 as STR, direct enforcement becomes very 933 00:48:07,599 --> 00:48:09,839 difficult. Sincerely, Randy Sheer, code 934 00:48:09,839 --> 00:48:12,160 enforcement officer. So that is his 935 00:48:12,160 --> 00:48:14,800 official interpretation 936 00:48:14,800 --> 00:48:16,960 of the code 937 00:48:16,960 --> 00:48:22,549 and the applicant is contesting that. 938 00:48:22,559 --> 00:48:45,510 Let me let me get their letter up here. 939 00:48:45,520 --> 00:48:52,630 and I don't have it like that. 940 00:48:52,640 --> 00:48:59,430 Okay, this is the 941 00:48:59,440 --> 00:49:03,119 Okay. Dated July 18th, 2026. 942 00:49:03,119 --> 00:49:05,440 Uh, I'm requesting a pre-application 943 00:49:05,440 --> 00:49:06,800 clarification regarding the 944 00:49:06,800 --> 00:49:08,559 interpretation of the zoning ordinance 945 00:49:08,559 --> 00:49:10,960 as it applies to my property at 399 946 00:49:10,960 --> 00:49:15,119 Oakill Road, Bingington, New York 13901, 947 00:49:15,119 --> 00:49:16,960 regarding my recent request for a use 948 00:49:16,960 --> 00:49:20,640 variance to to have me to uh for me to 949 00:49:20,640 --> 00:49:23,119 have an Airbnb, aka a short-term rental 950 00:49:23,119 --> 00:49:26,960 at said property. Before 951 00:49:26,960 --> 00:49:28,880 proceeding with my formal use variance 952 00:49:28,880 --> 00:49:30,880 application, I would app hang hang while 953 00:49:30,880 --> 00:49:34,790 this is preliminary. 954 00:49:34,800 --> 00:49:36,400 I would appreciate the opportunity to 955 00:49:36,400 --> 00:49:37,920 confirm the department's interpretation 956 00:49:37,920 --> 00:49:40,319 of the applicable zoning regulations and 957 00:49:40,319 --> 00:49:42,800 whether the proposed use is considered 958 00:49:42,800 --> 00:49:44,720 prohibited under the current zoning 959 00:49:44,720 --> 00:49:46,960 designation. Understanding the 960 00:49:46,960 --> 00:49:48,559 department's interpretation will help 961 00:49:48,559 --> 00:49:50,800 ensure that any future application is 962 00:49:50,800 --> 00:49:53,920 appropriately prepared and addressed and 963 00:49:53,920 --> 00:49:57,760 addresses the relevant standards. 964 00:49:57,760 --> 00:49:59,119 Specifically, I would appreciate 965 00:49:59,119 --> 00:50:01,760 clarification on the following. The 966 00:50:01,760 --> 00:50:03,920 applicable zoning provisions governing 967 00:50:03,920 --> 00:50:06,400 the proposed use, whether the proposed 968 00:50:06,400 --> 00:50:08,160 use is considered a permitted use, 969 00:50:08,160 --> 00:50:10,800 accessory use, conditional special use, 970 00:50:10,800 --> 00:50:14,079 or a prohibited use under the ordinance. 971 00:50:14,079 --> 00:50:15,920 the specific ordinance sections 972 00:50:15,920 --> 00:50:18,240 supporting that interpretation, whether 973 00:50:18,240 --> 00:50:19,680 a use variance is the appropriate 974 00:50:19,680 --> 00:50:22,000 entitlement to pursue or if another 975 00:50:22,000 --> 00:50:23,359 zoning process would be more 976 00:50:23,359 --> 00:50:29,430 appropriate. 977 00:50:29,440 --> 00:50:30,960 My intent is to ensure that any 978 00:50:30,960 --> 00:50:32,640 subsequent application is based on a 979 00:50:32,640 --> 00:50:34,160 clear understanding of the ordinance and 980 00:50:34,160 --> 00:50:36,319 the department's interpretation before 981 00:50:36,319 --> 00:50:37,599 committing the time and expense 982 00:50:37,599 --> 00:50:39,440 associated with a formal use variance 983 00:50:39,440 --> 00:50:42,000 request. to answer a few questions that 984 00:50:42,000 --> 00:50:43,839 were expressed as concerns during the 985 00:50:43,839 --> 00:50:46,640 planning board meeting on July 13th. One 986 00:50:46,640 --> 00:50:48,640 being parking. There is ample spacious 987 00:50:48,640 --> 00:50:51,119 parking following my long private 988 00:50:51,119 --> 00:50:53,200 driveway. My property setup accommodates 989 00:50:53,200 --> 00:50:55,359 all Quest vehicles, 990 00:50:55,359 --> 00:51:03,030 guest vehicles entirely off the street, 991 00:51:03,040 --> 00:51:04,720 specifically preventing any neighborhood 992 00:51:04,720 --> 00:51:07,280 congestion or overflow on residential 993 00:51:07,280 --> 00:51:09,200 roads. Secondly, there appear to be 994 00:51:09,200 --> 00:51:10,880 concern regarding the number of allowed 995 00:51:10,880 --> 00:51:13,839 guests. Multif family bookings will not 996 00:51:13,839 --> 00:51:16,160 be allowed. I will have a very specific 997 00:51:16,160 --> 00:51:18,559 booking restrictions written with 998 00:51:18,559 --> 00:51:22,800 exactly the details of my guest limits. 999 00:51:22,800 --> 00:51:24,559 My short-term rental agreement for said 1000 00:51:24,559 --> 00:51:26,480 property will be written as such that it 1001 00:51:26,480 --> 00:51:28,480 will be a single booking policy. That 1002 00:51:28,480 --> 00:51:32,880 said property is only rented to 1003 00:51:32,880 --> 00:51:35,200 one primary registered party at a time. 1004 00:51:35,200 --> 00:51:37,680 I will not rent a separate unaffiliated 1005 00:51:37,680 --> 00:51:39,119 groups or multiple families 1006 00:51:39,119 --> 00:51:41,440 simultaneously. My house rules which 1007 00:51:41,440 --> 00:51:43,520 will be incorporated into my A or Airbnb 1008 00:51:43,520 --> 00:51:45,680 listing and will prohibit events, 1009 00:51:45,680 --> 00:51:48,640 parties, and unauthorized visitors. 1010 00:51:48,640 --> 00:51:50,480 I highly value our community and my top 1011 00:51:50,480 --> 00:51:52,079 priority is ensuring the home operates 1012 00:51:52,079 --> 00:51:53,599 smoothly without burdened neighbors or 1013 00:51:53,599 --> 00:51:55,520 local resources. 1014 00:51:55,520 --> 00:51:57,119 I've attached a copy of my intended 1015 00:51:57,119 --> 00:51:58,640 house rules for your reference. Thank 1016 00:51:58,640 --> 00:52:00,640 you for your time and assistance. 1017 00:52:00,640 --> 00:52:05,520 Deborah Yarion of 399 Oakill Road. Now, 1018 00:52:05,520 --> 00:52:07,280 I was hesitating there because I think 1019 00:52:07,280 --> 00:52:08,960 that was from the original use variance 1020 00:52:08,960 --> 00:52:12,950 application. So, 1021 00:52:12,960 --> 00:52:17,510 let me find a followup. 1022 00:52:17,520 --> 00:52:28,790 There is one. 1023 00:52:28,800 --> 00:52:30,319 Do you know if that's Did she send a 1024 00:52:30,319 --> 00:52:34,000 followup on that? That seems to be 1025 00:52:34,000 --> 00:52:43,829 Yeah. 1026 00:52:43,839 --> 00:52:55,270 » Yeah. Okay. 1027 00:52:55,280 --> 00:53:05,829 » That is what I read. 1028 00:53:05,839 --> 00:53:08,160 Okay. Well, I think we have a clear 1029 00:53:08,160 --> 00:53:09,920 understanding of what her intent is 1030 00:53:09,920 --> 00:53:12,160 anyway and what the code enforcement 1031 00:53:12,160 --> 00:53:16,160 officer has uh stated. 1032 00:53:16,160 --> 00:53:24,390 Um I do have a couple more. 1033 00:53:24,400 --> 00:53:28,630 Uh, the town engineer 1034 00:53:28,640 --> 00:53:30,720 has no engineering objections. Should 1035 00:53:30,720 --> 00:53:32,400 this be allowed by code or should it 1036 00:53:32,400 --> 00:53:35,920 require a use variance? 1037 00:53:35,920 --> 00:53:38,079 That makes sense. Uh, and then the 1038 00:53:38,079 --> 00:53:42,880 planning board's letter to us states. 1039 00:53:42,880 --> 00:53:44,800 Uh, dear chairman and all board members, 1040 00:53:44,800 --> 00:53:46,559 at their meeting on Monday, August 10th, 1041 00:53:46,559 --> 00:53:48,559 the planning board considered the 1042 00:53:48,559 --> 00:53:52,950 request for 2026-V05 1043 00:53:52,960 --> 00:53:55,520 399 Oakill Road application for an 1044 00:53:55,520 --> 00:53:58,240 interpretation on an Airbnb in a 1045 00:53:58,240 --> 00:54:00,079 residential zone in the short EAF. The 1046 00:54:00,079 --> 00:54:01,760 planning board forwards this application 1047 00:54:01,760 --> 00:54:04,160 to the zoning board of appeals to 1048 00:54:04,160 --> 00:54:05,920 consider tableabling this application 1049 00:54:05,920 --> 00:54:07,440 until we have written interpretation 1050 00:54:07,440 --> 00:54:09,920 from the town's code officer regarding 1051 00:54:09,920 --> 00:54:11,680 this use. This may determine whether a 1052 00:54:11,680 --> 00:54:14,640 use variance is necessary 1053 00:54:14,640 --> 00:54:17,680 signed by the vice chairman. So we 1054 00:54:17,680 --> 00:54:19,920 actually have that 1055 00:54:19,920 --> 00:54:23,520 now that interpretation 1056 00:54:23,520 --> 00:54:27,359 and uh therefore we we can continue on 1057 00:54:27,359 --> 00:54:30,640 our own because this is our um 1058 00:54:30,640 --> 00:54:33,839 interpretations are our arena. So the 1059 00:54:33,839 --> 00:54:36,240 planning board had their opportunity to 1060 00:54:36,240 --> 00:54:38,720 advise us and they did to a certain 1061 00:54:38,720 --> 00:54:41,280 extent. So, uh, we may we may continue 1062 00:54:41,280 --> 00:54:45,040 on if the board chooses to do so. 1063 00:54:45,040 --> 00:54:46,720 Um, 1064 00:54:46,720 --> 00:54:50,720 I assume we're going to continue. Okay. 1065 00:54:50,720 --> 00:54:54,630 So, given that, 1066 00:54:54,640 --> 00:54:57,280 this is where it gets a little the 1067 00:54:57,280 --> 00:54:58,880 structure gets a little interesting uh 1068 00:54:58,880 --> 00:55:00,800 because we have no certain factors to go 1069 00:55:00,800 --> 00:55:03,200 through, but we've done these before. So 1070 00:55:03,200 --> 00:55:05,760 the general the general sense is we need 1071 00:55:05,760 --> 00:55:08,720 to look at our code and the definitions 1072 00:55:08,720 --> 00:55:15,680 within our code and look at what the um 1073 00:55:15,680 --> 00:55:19,760 and discuss what the what the law states 1074 00:55:19,760 --> 00:55:22,079 and the interpretation and then of 1075 00:55:22,079 --> 00:55:24,480 course the request by the applicant. But 1076 00:55:24,480 --> 00:55:26,960 before we get into that 1077 00:55:26,960 --> 00:55:30,000 uh would anybody in the public audience 1078 00:55:30,000 --> 00:55:32,800 like to speak for or against 1079 00:55:32,800 --> 00:55:34,960 uh this interpretation. Any comments on 1080 00:55:34,960 --> 00:55:40,710 that? 1081 00:55:40,720 --> 00:55:43,280 » Okay, 1082 00:55:43,280 --> 00:55:44,960 >> one second. Can we get Can we get her a 1083 00:55:44,960 --> 00:55:47,040 mic or 1084 00:55:47,040 --> 00:55:50,000 >> Oh, no. We have to So, we're we're we're 1085 00:55:50,000 --> 00:55:52,000 live. So, that's why we're all like 1086 00:55:52,000 --> 00:55:58,630 chewing on these things practically. So, 1087 00:55:58,640 --> 00:56:01,119 » thank you for Thank you for that. Yeah. 1088 00:56:01,119 --> 00:56:03,040 Well, our property a bus. Can you hear 1089 00:56:03,040 --> 00:56:03,760 me? 1090 00:56:03,760 --> 00:56:04,480 >> Yeah. Oh, yeah. Yeah. 1091 00:56:04,480 --> 00:56:08,400 >> Okay. Uh, a bus with hers. 1092 00:56:08,400 --> 00:56:10,240 And she's always been a very good 1093 00:56:10,240 --> 00:56:12,880 neighbor. 1094 00:56:12,880 --> 00:56:15,920 She doesn't live local most of the year. 1095 00:56:15,920 --> 00:56:20,400 She's west. She comes in to see the 1096 00:56:20,400 --> 00:56:22,960 kids, 1097 00:56:22,960 --> 00:56:28,309 visit the family. I think 1098 00:56:28,319 --> 00:56:31,280 we're a little concerned about people 1099 00:56:31,280 --> 00:56:35,200 that she might rent to. Although I don't 1100 00:56:35,200 --> 00:56:37,839 think that she's going to get a lot of 1101 00:56:37,839 --> 00:56:41,990 renters. 1102 00:56:42,000 --> 00:56:47,119 There's more in town. I don't know how 1103 00:56:47,119 --> 00:56:52,309 many 1104 00:56:52,319 --> 00:56:58,630 profitable they are. 1105 00:56:58,640 --> 00:57:01,680 » That's a whole another topic. 1106 00:57:01,680 --> 00:57:03,680 Go ahead. You have the floor. 1107 00:57:03,680 --> 00:57:09,109 >> Um, 1108 00:57:09,119 --> 00:57:11,760 do you have anything to say? 1109 00:57:11,760 --> 00:57:13,760 Okay, I guess I've got the floor. 1110 00:57:13,760 --> 00:57:15,040 >> You do. 1111 00:57:15,040 --> 00:57:19,040 >> We're We're just kind of, you know, 1112 00:57:19,040 --> 00:57:21,680 wondering how it's all gonna 1113 00:57:21,680 --> 00:57:23,200 go. 1114 00:57:23,200 --> 00:57:27,750 She's gonna be able to do better. 1115 00:57:27,760 --> 00:57:31,829 » Okay. 1116 00:57:31,839 --> 00:57:34,400 We've known her. She's she's lived there 1117 00:57:34,400 --> 00:57:37,920 with her boys probably 1118 00:57:37,920 --> 00:57:43,190 20 years. 1119 00:57:43,200 --> 00:57:44,720 » When the boys were younger, they were 1120 00:57:44,720 --> 00:57:49,040 kind of boys. So anyway, okay. 1121 00:57:49,040 --> 00:57:53,670 >> Okay. Thanks. 1122 00:57:53,680 --> 00:57:55,440 Um, 1123 00:57:55,440 --> 00:57:59,349 so yeah. So, 1124 00:57:59,359 --> 00:58:01,839 I've read everything in 1125 00:58:01,839 --> 00:58:03,599 uh I think and we've heard from the 1126 00:58:03,599 --> 00:58:06,000 public. I think so. I can close it and 1127 00:58:06,000 --> 00:58:07,680 we can continue on with the discussion. 1128 00:58:07,680 --> 00:58:08,079 Correct. 1129 00:58:08,079 --> 00:58:08,720 >> Yes. 1130 00:58:08,720 --> 00:58:11,599 >> All right. Um unless any objection, I'll 1131 00:58:11,599 --> 00:58:13,680 close the public hearing on this and we 1132 00:58:13,680 --> 00:58:16,789 can 1133 00:58:16,799 --> 00:58:19,599 » Oh, did 1134 00:58:19,599 --> 00:58:22,160 no. Okay. 1135 00:58:22,160 --> 00:58:24,720 Um 1136 00:58:24,720 --> 00:58:26,319 so without any objection from the board 1137 00:58:26,319 --> 00:58:28,000 I'll close the public hearing and we can 1138 00:58:28,000 --> 00:58:32,240 uh move on uh to the next phase. 1139 00:58:32,240 --> 00:58:33,760 Okay 1140 00:58:33,760 --> 00:58:35,440 then I will close the public hearing at 1141 00:58:35,440 --> 00:58:40,960 this time. The next phase uh is we will 1142 00:58:40,960 --> 00:58:46,319 consider seeker. However considering it it is a type two action and therefore 1143 00:58:46,319 --> 00:58:47,920 we don't have to do anything on the type 1144 00:58:47,920 --> 00:58:49,920 two action. So we can now move on from 1145 00:58:49,920 --> 00:58:58,079 Zer to discussing the matter at hand interpretation. 1146 00:58:58,079 --> 00:58:59,839 So I'm going to open the floor up to the 1147 00:58:59,839 --> 00:59:03,359 board for comments. 1148 00:59:03,359 --> 00:59:05,119 Who wants to start? Because everybody's 1149 00:59:05,119 --> 00:59:07,359 going to go. 1150 00:59:07,359 --> 00:59:10,799 Okay. I was looking at the residential 1151 00:59:10,799 --> 00:59:12,640 attachments that we all get and 1152 00:59:12,640 --> 00:59:18,000 everybody can can uh look at and then 1153 00:59:18,000 --> 00:59:21,680 the principal permitted uses home 1154 00:59:21,680 --> 00:59:25,520 occupation is part of residence. Could 1155 00:59:25,520 --> 00:59:28,640 this be considered a home occupation? 1156 00:59:28,640 --> 00:59:30,960 Because it is part of the residence and 1157 00:59:30,960 --> 00:59:34,000 it is a permitted use. 1158 00:59:34,000 --> 00:59:35,920 So that is essentially what you guys are 1159 00:59:35,920 --> 00:59:37,599 that's that's really what it boils down 1160 00:59:37,599 --> 00:59:39,440 to. That's the question in front of you 1161 00:59:39,440 --> 00:59:41,599 tonight is essentially whether renting 1162 00:59:41,599 --> 00:59:45,359 the entire home for seven days versus a 1163 00:59:45,359 --> 00:59:49,680 year or two years of tenency changes the 1164 00:59:49,680 --> 00:59:52,960 use from residential 1165 00:59:52,960 --> 00:59:56,160 just based on the length of teny or the 1166 00:59:56,160 --> 00:59:59,359 length of the occupancy and who is 1167 00:59:59,359 --> 01:00:01,680 occupying it. Is it owner occupied? Is 1168 01:00:01,680 --> 01:00:03,200 it 1169 01:00:03,200 --> 01:00:05,040 tenant occupied. Those are the things 1170 01:00:05,040 --> 01:00:07,119 that you're you're looking at and those 1171 01:00:07,119 --> 01:00:08,480 are things that are not defined in your 1172 01:00:08,480 --> 01:00:10,319 code. So that is that is what you're 1173 01:00:10,319 --> 01:00:12,160 here interpreting tonight and that is 1174 01:00:12,160 --> 01:00:18,549 what your decision is going to end on. 1175 01:00:18,559 --> 01:00:21,280 » Valid point, John, 1176 01:00:21,280 --> 01:00:24,799 anybody uh have anything anything else 1177 01:00:24,799 --> 01:00:31,510 or want to tackle that? 1178 01:00:31,520 --> 01:00:34,640 Because in my opinion, a home occupation 1179 01:00:34,640 --> 01:00:37,839 is a service that you're supplying to a 1180 01:00:37,839 --> 01:00:40,960 customer. And in this instance, you are 1181 01:00:40,960 --> 01:00:43,440 supplying your house for them to stay 1182 01:00:43,440 --> 01:00:47,440 overnight and getting monetary value for 1183 01:00:47,440 --> 01:00:49,200 it. 1184 01:00:49,200 --> 01:00:53,119 So to me, that would be considered a 1185 01:00:53,119 --> 01:00:55,359 home occupation. 1186 01:00:55,359 --> 01:00:58,880 It's just where does it where does the 1187 01:00:58,880 --> 01:01:01,119 fine line end with 1188 01:01:01,119 --> 01:01:05,359 the length of occupancy, 1189 01:01:05,359 --> 01:01:09,200 you know, two, three, four days. 1190 01:01:09,200 --> 01:01:11,040 >> Correct. And that is not defined in our 1191 01:01:11,040 --> 01:01:12,559 code. 1192 01:01:12,559 --> 01:01:15,200 >> I would I would disagree with it only 1193 01:01:15,200 --> 01:01:18,640 because in my mind, home occupation is 1194 01:01:18,640 --> 01:01:20,960 the owner themselves doing the 1195 01:01:20,960 --> 01:01:22,799 occupation, their career, their focus 1196 01:01:22,799 --> 01:01:24,720 within the house. I don't feel that the 1197 01:01:24,720 --> 01:01:26,960 property 1198 01:01:26,960 --> 01:01:29,520 classifies as the occupation itself. 1199 01:01:29,520 --> 01:01:35,030 Okay. 1200 01:01:35,040 --> 01:01:39,280 But isn't the owner there for the winter 1201 01:01:39,280 --> 01:01:41,599 >> or the summer or whatever? 1202 01:01:41,599 --> 01:01:43,839 >> Based off of the information that she 1203 01:01:43,839 --> 01:01:46,160 gave us, sounds like she is only there 1204 01:01:46,160 --> 01:01:47,760 visiting 1205 01:01:47,760 --> 01:01:51,599 temporarily once in a while. 1206 01:01:51,599 --> 01:01:53,680 >> You said she goes away for part of the 1207 01:01:53,680 --> 01:01:54,799 year. 1208 01:01:54,799 --> 01:01:57,200 >> What part? 1209 01:01:57,200 --> 01:01:59,119 of the year? 1210 01:01:59,119 --> 01:02:00,880 >> Part of the I don't know. We see her 1211 01:02:00,880 --> 01:02:04,240 once a year, but that doesn't mean she's 1212 01:02:04,240 --> 01:02:05,839 >> Okay. 1213 01:02:05,839 --> 01:02:08,640 >> Right. 1214 01:02:08,640 --> 01:02:12,480 >> So, the family is looking 1215 01:02:12,480 --> 01:02:14,160 >> Yes. And they testified to that. Sorry 1216 01:02:14,160 --> 01:02:16,480 to interrupt, but uh that's Yeah, that's 1217 01:02:16,480 --> 01:02:18,720 in their application. I believe they 1218 01:02:18,720 --> 01:02:21,280 said that uh last time we were here, but 1219 01:02:21,280 --> 01:02:22,160 yeah. 1220 01:02:22,160 --> 01:02:23,280 >> Okay. The boys are 1221 01:02:23,280 --> 01:02:25,359 >> So, so the kids are there. So, the 1222 01:02:25,359 --> 01:02:28,319 family is occupying the house for part 1223 01:02:28,319 --> 01:02:30,079 of the year. That's my understanding. 1224 01:02:30,079 --> 01:02:35,190 Yes. 1225 01:02:35,200 --> 01:02:36,720 » You were asked a question, so I'm going 1226 01:02:36,720 --> 01:02:37,520 to let it go. 1227 01:02:37,520 --> 01:02:39,680 >> Yeah. 1228 01:02:39,680 --> 01:02:41,040 >> So, yes, if you can finish answering. 1229 01:02:41,040 --> 01:02:44,000 Sure. 1230 01:02:44,000 --> 01:02:48,630 >> Okay. 1231 01:02:48,640 --> 01:02:51,520 Okay. But has it hasn't moved out 1232 01:02:51,520 --> 01:02:59,589 yet? 1233 01:02:59,599 --> 01:03:03,040 That's bad. 1234 01:03:03,040 --> 01:03:05,040 >> Oh no. 1235 01:03:05,040 --> 01:03:07,520 >> So I guess I have one more thing then 1236 01:03:07,520 --> 01:03:09,280 based on your information of is one 1237 01:03:09,280 --> 01:03:12,000 week, two weeks, 3 weeks, 7 months, a 1238 01:03:12,000 --> 01:03:14,799 year any different? I personally feel 1239 01:03:14,799 --> 01:03:18,400 yes. I do feel that 1240 01:03:18,400 --> 01:03:21,680 long-term rentals are being more, 1241 01:03:21,680 --> 01:03:24,319 what's the word I'm looking for? 1242 01:03:24,319 --> 01:03:26,319 They're a little more stringent. They're 1243 01:03:26,319 --> 01:03:27,760 looking looking at the details more of 1244 01:03:27,760 --> 01:03:30,000 who's running these places. Airbnbs are 1245 01:03:30,000 --> 01:03:33,440 not. There's a standard rule 1246 01:03:33,440 --> 01:03:36,960 set through Airbnb itself. 1247 01:03:36,960 --> 01:03:38,720 And I apologize. I'm adamantly against 1248 01:03:38,720 --> 01:03:40,400 Airbnbs. 1249 01:03:40,400 --> 01:03:43,839 Um I just I don't think that they can 1250 01:03:43,839 --> 01:03:46,400 control who's coming in and out. And I 1251 01:03:46,400 --> 01:03:48,079 100% agree with their concerns as to 1252 01:03:48,079 --> 01:03:49,280 who's going to be in and out of those 1253 01:03:49,280 --> 01:03:51,200 properties. Is it going to be one 1254 01:03:51,200 --> 01:03:53,359 person? Yes, one person can rent the 1255 01:03:53,359 --> 01:03:55,599 place, but that doesn't mean 20 people 1256 01:03:55,599 --> 01:03:58,160 don't show up. So, I have a lot of 1257 01:03:58,160 --> 01:04:00,960 reasons why I just don't don't feel that 1258 01:04:00,960 --> 01:04:02,640 a short-term rental compares to a 1259 01:04:02,640 --> 01:04:04,079 long-term rental. Anything over 6 1260 01:04:04,079 --> 01:04:06,960 months, in my opinion, you're validating 1261 01:04:06,960 --> 01:04:09,200 who's moving in, you're taking a little 1262 01:04:09,200 --> 01:04:11,200 more of the responsibility. 1263 01:04:11,200 --> 01:04:13,599 One night contracts to me, no, they 1264 01:04:13,599 --> 01:04:16,870 don't. 1265 01:04:16,880 --> 01:04:20,069 Okay. 1266 01:04:20,079 --> 01:04:22,880 thoughts from others who have not said 1267 01:04:22,880 --> 01:04:24,160 anything yet. Dan, you got anything? 1268 01:04:24,160 --> 01:04:31,910 Anybody? 1269 01:04:31,920 --> 01:04:34,079 » I know in the building code it gets into 1270 01:04:34,079 --> 01:04:37,760 transient and long-term. Typically 30 1271 01:04:37,760 --> 01:04:40,240 days is kind of like the is where they 1272 01:04:40,240 --> 01:04:42,720 start dividing up the our one, two, 1273 01:04:42,720 --> 01:04:44,720 three, four categories. 1274 01:04:44,720 --> 01:04:48,000 And with the RB Airbnb, it's a 1275 01:04:48,000 --> 01:04:50,000 transient, not a 1276 01:04:50,000 --> 01:04:54,400 it's not be occupied like a residence. 1277 01:04:54,400 --> 01:04:57,280 >> So I think that kind of 1278 01:04:57,280 --> 01:05:00,160 changes the um 1279 01:05:00,160 --> 01:05:02,319 the classification 1280 01:05:02,319 --> 01:05:04,640 for that structure when it's treated 1281 01:05:04,640 --> 01:05:07,359 that way as a transient property. 1282 01:05:07,359 --> 01:05:17,029 >> Okay. 1283 01:05:17,039 --> 01:05:20,799 Before we move on, if I could just kind 1284 01:05:20,799 --> 01:05:23,440 of focus your view a little bit because 1285 01:05:23,440 --> 01:05:24,960 you're you're supposed to be 1286 01:05:24,960 --> 01:05:27,839 interpreting your code to answer this 1287 01:05:27,839 --> 01:05:29,200 question. 1288 01:05:29,200 --> 01:05:31,680 >> So, 1289 01:05:31,680 --> 01:05:34,000 like we've said, we are you're 1290 01:05:34,000 --> 01:05:36,160 essentially asking whether renting the 1291 01:05:36,160 --> 01:05:37,920 entire home for seven days or less 1292 01:05:37,920 --> 01:05:40,319 changes its permitted rent residential 1293 01:05:40,319 --> 01:05:42,799 use. And in considering that question, 1294 01:05:42,799 --> 01:05:44,640 you should take into account the code 1295 01:05:44,640 --> 01:05:48,240 officer's reliance on 73-44, 1296 01:05:48,240 --> 01:05:49,440 right? Because that's what he's hinging 1297 01:05:49,440 --> 01:05:52,720 this decision on. That says any use 1298 01:05:52,720 --> 01:05:54,799 expressly permitted under this section 1299 01:05:54,799 --> 01:05:58,000 is hereby expressly excluded. as well as 1300 01:05:58,000 --> 01:06:01,599 the fact and you should also with that 1301 01:06:01,599 --> 01:06:04,160 take into account that the code does not 1302 01:06:04,160 --> 01:06:07,200 define short-term rentals as a separate 1303 01:06:07,200 --> 01:06:10,240 use and whether it is occupied by the 1304 01:06:10,240 --> 01:06:12,799 owner or a tenant is also not defined 1305 01:06:12,799 --> 01:06:14,480 and these points bear on whether the 1306 01:06:14,480 --> 01:06:16,480 property remains in use as a one family 1307 01:06:16,480 --> 01:06:18,319 dwelling or if it constitutes a 1308 01:06:18,319 --> 01:06:21,680 different use and therefore the point 1309 01:06:21,680 --> 01:06:24,799 that Randy is hinging on doesn't apply. 1310 01:06:24,799 --> 01:06:27,520 So that is you're trying determine 1311 01:06:27,520 --> 01:06:29,839 whether or not it falls within a 1312 01:06:29,839 --> 01:06:32,720 residential use or if you find that it 1313 01:06:32,720 --> 01:06:35,200 is better suited somewhere else defined 1314 01:06:35,200 --> 01:06:37,200 in the code and whether or not that 1315 01:06:37,200 --> 01:06:46,069 exclusionary provision will apply. 1316 01:06:46,079 --> 01:06:49,440 » Mr. It seems to me that if 1317 01:06:49,440 --> 01:06:53,039 >> if if rentals are allowed 1318 01:06:53,039 --> 01:06:56,720 in the code, which it is, and it doesn't 1319 01:06:56,720 --> 01:07:03,599 define whether it's by day or month or year, it just 1320 01:07:03,599 --> 01:07:07,760 renting a home is 1321 01:07:07,760 --> 01:07:09,920 permitted. 1322 01:07:09,920 --> 01:07:17,829 And so it it seems like it seems to me 1323 01:07:17,839 --> 01:07:21,440 we would be inserting a definition that 1324 01:07:21,440 --> 01:07:24,480 that's not there. 1325 01:07:24,480 --> 01:07:28,960 And and so it it seems to me as the code 1326 01:07:28,960 --> 01:07:33,119 stands, it would have to be permitted. 1327 01:07:33,119 --> 01:07:37,349 There's 1328 01:07:37,359 --> 01:07:40,480 rental is permitted 1329 01:07:40,480 --> 01:07:42,640 and 1330 01:07:42,640 --> 01:07:45,680 whether it's short-term or long-term 1331 01:07:45,680 --> 01:07:47,599 that's not spelled out. Rental is 1332 01:07:47,599 --> 01:07:49,599 permitted. 1333 01:07:49,599 --> 01:07:52,160 I think if if 1334 01:07:52,160 --> 01:07:55,839 I I think these concerns are valid of, 1335 01:07:55,839 --> 01:07:58,720 you know, neighbors and so on, but if 1336 01:07:58,720 --> 01:08:03,280 that's the case, um that should be moved 1337 01:08:03,280 --> 01:08:06,319 through the planning board and and 1338 01:08:06,319 --> 01:08:09,440 insert a specific definition, but 1339 01:08:09,440 --> 01:08:12,720 currently it's not there. I I I can't 1340 01:08:12,720 --> 01:08:16,640 see the basis for for denying that that 1341 01:08:16,640 --> 01:08:21,510 use. agree. 1342 01:08:21,520 --> 01:08:23,440 » I'll be a little rhetorical here. Is 1343 01:08:23,440 --> 01:08:27,759 renting your home permitted in code? 1344 01:08:27,759 --> 01:08:29,920 I mean, we all know it it could be 1345 01:08:29,920 --> 01:08:32,400 implied, but 1346 01:08:32,400 --> 01:08:35,120 is it is it permitted? 1347 01:08:35,120 --> 01:08:36,880 I mean, it's it's common practice 1348 01:08:36,880 --> 01:08:37,920 apparently, but 1349 01:08:37,920 --> 01:08:38,960 >> Oh, yeah. 1350 01:08:38,960 --> 01:08:41,120 >> But 1351 01:08:41,120 --> 01:08:43,120 when when you have zoning, I'm under the 1352 01:08:43,120 --> 01:08:46,239 impression of it's permissive zoning. 1353 01:08:46,239 --> 01:08:49,279 So, anything not in there is not 1354 01:08:49,279 --> 01:08:51,040 permissive. And we actually call that 1355 01:08:51,040 --> 01:08:53,520 out with that statement. 1356 01:08:53,520 --> 01:08:55,679 But according to 1357 01:08:55,679 --> 01:08:59,759 New York overview or oversight, 1358 01:08:59,759 --> 01:09:02,719 if you have zoning, it's permissive. 1359 01:09:02,719 --> 01:09:06,159 So, but we we specifically call it out. 1360 01:09:06,159 --> 01:09:08,400 Our forefathers put that statement in 1361 01:09:08,400 --> 01:09:10,319 there saying it's not. So, the question 1362 01:09:10,319 --> 01:09:13,600 becomes that I have is renting your home 1363 01:09:13,600 --> 01:09:17,110 permissive? 1364 01:09:17,120 --> 01:09:19,040 And I'm just being rhetorical. 1365 01:09:19,040 --> 01:09:21,759 >> Um 1366 01:09:21,759 --> 01:09:25,359 I would say it must be or we'd have a 1367 01:09:25,359 --> 01:09:27,920 lot of people arrested every 1368 01:09:27,920 --> 01:09:32,400 couple days. Valid. 1369 01:09:32,400 --> 01:09:36,400 I've never seen it, but I'm just saying. 1370 01:09:36,400 --> 01:09:39,520 So, so then, so I I say that because 1371 01:09:39,520 --> 01:09:41,679 then it comes back down to what Dan had 1372 01:09:41,679 --> 01:09:44,400 just put out there and you agree with we 1373 01:09:44,400 --> 01:09:50,080 have no defined timetable on rentals. 1374 01:09:50,080 --> 01:09:56,709 >> That's correct. We don't we don't 1375 01:09:56,719 --> 01:10:01,360 loan officer. He's saying it's generally 1376 01:10:01,360 --> 01:10:05,280 defined as 30 days or less. Is that 1377 01:10:05,280 --> 01:10:07,199 >> But you're you are interpreting your 1378 01:10:07,199 --> 01:10:08,000 code as 1379 01:10:08,000 --> 01:10:13,030 >> right. 1380 01:10:13,040 --> 01:10:14,960 So the the question is where did he get 1381 01:10:14,960 --> 01:10:21,600 that from? I mean uh is it in 1382 01:10:21,600 --> 01:10:24,960 build building standards and code which 1383 01:10:24,960 --> 01:10:28,320 Mike kind of alluded to 1384 01:10:28,320 --> 01:10:32,239 of um you know the the the definition of 1385 01:10:32,239 --> 01:10:36,159 a of an ST STR 1386 01:10:36,159 --> 01:10:38,159 It's not in our code. There's no New 1387 01:10:38,159 --> 01:10:42,560 York code. I think that 1388 01:10:42,560 --> 01:10:45,760 >> I think it's possible that part of his 1389 01:10:45,760 --> 01:10:48,320 interpretation comes from this is the 1390 01:10:48,320 --> 01:10:50,960 same guy that works in another area. 1391 01:10:50,960 --> 01:10:51,520 Right. 1392 01:10:51,520 --> 01:10:52,560 >> Correct. 1393 01:10:52,560 --> 01:10:55,440 >> Okay. So part of part of it might have 1394 01:10:55,440 --> 01:10:57,120 come 1395 01:10:57,120 --> 01:10:59,040 to 1396 01:10:59,040 --> 01:11:03,520 be equivalent to what he enforces 1397 01:11:03,520 --> 01:11:06,719 in his other other job. 1398 01:11:06,719 --> 01:11:07,679 >> So experiential 1399 01:11:07,679 --> 01:11:09,280 >> a totally different municipality, 1400 01:11:09,280 --> 01:11:10,880 >> right? But so it's through his 1401 01:11:10,880 --> 01:11:11,920 experience 1402 01:11:11,920 --> 01:11:12,719 >> experience 1403 01:11:12,719 --> 01:11:16,159 >> as opposed to the letter of the law. 1404 01:11:16,159 --> 01:11:17,040 >> Our letter 1405 01:11:17,040 --> 01:11:21,590 >> opposed to the letter of law. Correct. 1406 01:11:21,600 --> 01:11:26,560 Now in 73-3 under word usage definitions 1407 01:11:26,560 --> 01:11:30,159 dwellings multi dwellings one family a 1408 01:11:30,159 --> 01:11:33,199 detached building designed for or 1409 01:11:33,199 --> 01:11:38,320 occupied exclusively by one family 1410 01:11:38,320 --> 01:11:41,600 multiple dwelling multiple as a dwelling 1411 01:11:41,600 --> 01:11:44,719 which is either rented, leased, let out 1412 01:11:44,719 --> 01:11:48,480 or hired to be occupied or is occupied 1413 01:11:48,480 --> 01:11:51,840 as temporary or permanent residence or 1414 01:11:51,840 --> 01:11:54,560 home of three or more families living 1415 01:11:54,560 --> 01:11:58,640 independently of each other. 1416 01:11:58,640 --> 01:12:01,840 So, and then a two family is a building 1417 01:12:01,840 --> 01:12:05,120 designed or dwelling two family is a a 1418 01:12:05,120 --> 01:12:07,600 building designed for or occupied 1419 01:12:07,600 --> 01:12:10,239 exclusively by two families living 1420 01:12:10,239 --> 01:12:13,280 independent of each other. 1421 01:12:13,280 --> 01:12:15,280 Those are in the definitions in the town 1422 01:12:15,280 --> 01:12:16,320 code. Mhm. 1423 01:12:16,320 --> 01:12:18,640 >> So essentially 1424 01:12:18,640 --> 01:12:20,719 by reading them definitions in a 1425 01:12:20,719 --> 01:12:25,280 multiple multiple family dwelling it 1426 01:12:25,280 --> 01:12:28,080 could be rented or leased out 1427 01:12:28,080 --> 01:12:30,159 and but and it doesn't describe 1428 01:12:30,159 --> 01:12:32,719 short-term long-term. It just says 1429 01:12:32,719 --> 01:12:37,040 either rented leased or let out or hired 1430 01:12:37,040 --> 01:12:40,080 to be occupied. 1431 01:12:40,080 --> 01:12:42,159 But it doesn't say that in a one family 1432 01:12:42,159 --> 01:12:43,760 dwelling 1433 01:12:43,760 --> 01:12:45,840 in the in the definitions. 1434 01:12:45,840 --> 01:12:48,800 >> Right. Okay. 1435 01:12:48,800 --> 01:12:56,960 Well, and actually I think the the bottom line to his 1436 01:12:56,960 --> 01:12:59,040 interpretation slashd disagreement with 1437 01:12:59,040 --> 01:13:04,159 allowing Airbnbs comes down to 1438 01:13:04,159 --> 01:13:07,520 this attachment and that one phrase, any 1439 01:13:07,520 --> 01:13:09,600 use not expressly permitted under this 1440 01:13:09,600 --> 01:13:15,910 section is hereby expressly excluded. 1441 01:13:15,920 --> 01:13:17,199 So that's his argument and 1442 01:13:17,199 --> 01:13:18,719 interpretation whether or not we agree 1443 01:13:18,719 --> 01:13:22,880 with that. I mean it's it's fact. 1444 01:13:22,880 --> 01:13:24,480 But that's what we're here to decide 1445 01:13:24,480 --> 01:13:25,840 tonight as to whether or not it's the 1446 01:13:25,840 --> 01:13:28,080 it's a correct interpretation. And 1447 01:13:28,080 --> 01:13:29,600 that's all he gave us. He didn't say 1448 01:13:29,600 --> 01:13:32,880 whether or not he considers 1449 01:13:32,880 --> 01:13:36,080 this dwelling, well he did use the word 1450 01:13:36,080 --> 01:13:40,480 dwelling um to be a hotel or a transient 1451 01:13:40,480 --> 01:13:44,239 or uh one of the other definitions of 1452 01:13:44,239 --> 01:13:47,440 housing in in our that's actually in our 1453 01:13:47,440 --> 01:13:49,199 code. He did not define that. He just 1454 01:13:49,199 --> 01:13:50,800 said 1455 01:13:50,800 --> 01:13:54,560 if it's not in this little section, it 1456 01:13:54,560 --> 01:13:56,000 cannot happen. 1457 01:13:56,000 --> 01:13:58,480 >> Right? And even in the definition of 1458 01:13:58,480 --> 01:14:01,280 home occupation, any use customarily 1459 01:14:01,280 --> 01:14:03,920 conducted entirely within a dwelling and 1460 01:14:03,920 --> 01:14:07,360 carried on by the inhabitants there 1461 01:14:07,360 --> 01:14:10,480 thereof, which use is clearly incidental 1462 01:14:10,480 --> 01:14:14,000 and secondary to the use of the dwelling 1463 01:14:14,000 --> 01:14:17,199 for dwelling purposes and does not 1464 01:14:17,199 --> 01:14:19,840 change the character thereof. Such 1465 01:14:19,840 --> 01:14:22,880 occupations shall include but not be 1466 01:14:22,880 --> 01:14:25,120 limited to beauty shop, barber shop, 1467 01:14:25,120 --> 01:14:27,840 woodworking shop, ceramic shop, and 1468 01:14:27,840 --> 01:14:31,440 garage sale as described and limited by 1469 01:14:31,440 --> 01:14:35,120 definition included in this article. 1470 01:14:35,120 --> 01:14:38,400 Reason I read that that supports what 1471 01:14:38,400 --> 01:14:41,120 Brian was saying 1472 01:14:41,120 --> 01:14:43,840 essentially well what a true definition 1473 01:14:43,840 --> 01:14:57,669 of a home occupation is. 1474 01:14:57,679 --> 01:15:00,640 I I almost feel like the same situation 1475 01:15:00,640 --> 01:15:01,920 we had earlier tonight where this is 1476 01:15:01,920 --> 01:15:04,719 mute if you're saying that 1477 01:15:04,719 --> 01:15:06,239 and I'm going through everything I can 1478 01:15:06,239 --> 01:15:07,440 find in here and there is nothing that 1479 01:15:07,440 --> 01:15:08,880 states that they can't have a short-term 1480 01:15:08,880 --> 01:15:13,760 rental. So unless we say all rentals 1481 01:15:13,760 --> 01:15:16,560 aren't allowed 1482 01:15:16,560 --> 01:15:18,080 then 1483 01:15:18,080 --> 01:15:20,080 there's no difference here. So that's 1484 01:15:20,080 --> 01:15:22,239 one miter. 1485 01:15:22,239 --> 01:15:25,679 I think we need to revisit it 1486 01:15:25,679 --> 01:15:29,350 right up in the code. 1487 01:15:29,360 --> 01:15:32,239 It certainly would in times of, you 1488 01:15:32,239 --> 01:15:35,040 know, changing times would behoove not, 1489 01:15:35,040 --> 01:15:38,000 you know, our higher board to discuss 1490 01:15:38,000 --> 01:15:41,520 the nuances and differences between and 1491 01:15:41,520 --> 01:15:43,360 clarify short-term rentals versus 1492 01:15:43,360 --> 01:15:47,360 general housing rentals, which is not 1493 01:15:47,360 --> 01:15:49,280 defined except defined by the code 1494 01:15:49,280 --> 01:15:51,679 officer using experience because there 1495 01:15:51,679 --> 01:15:53,679 again, he only goes after this one 1496 01:15:53,679 --> 01:15:55,440 statement. If it's not in here, it can't 1497 01:15:55,440 --> 01:15:57,600 be done, which is a fact. Something we 1498 01:15:57,600 --> 01:16:00,320 have to consider. 1499 01:16:00,320 --> 01:16:02,640 But we we are also considering the fact 1500 01:16:02,640 --> 01:16:05,120 that renting your home is not in here 1501 01:16:05,120 --> 01:16:07,440 either. 1502 01:16:07,440 --> 01:16:10,159 >> Therefore, it cannot be done. 1503 01:16:10,159 --> 01:16:12,000 But it is done. 1504 01:16:12,000 --> 01:16:13,840 >> And I'm just throwing these definitions 1505 01:16:13,840 --> 01:16:14,480 out there. 1506 01:16:14,480 --> 01:16:15,520 >> No, you just That's good. 1507 01:16:15,520 --> 01:16:18,560 >> Just for process of getting 1508 01:16:18,560 --> 01:16:20,320 >> get them on the record. 1509 01:16:20,320 --> 01:16:22,480 Rooming house, a dwelling in which 1510 01:16:22,480 --> 01:16:25,199 lodging facilities for three or more 1511 01:16:25,199 --> 01:16:28,159 persons are supplied for pay over an 1512 01:16:28,159 --> 01:16:30,880 extended period of time and which is a 1513 01:16:30,880 --> 01:16:34,400 secondary use to the occupancy of the 1514 01:16:34,400 --> 01:16:39,669 dwelling by a family. 1515 01:16:39,679 --> 01:16:42,080 So, with that consideration, I'll also 1516 01:16:42,080 --> 01:16:44,640 ask you to consider the information that 1517 01:16:44,640 --> 01:16:46,480 was provided to you tonight, letting you 1518 01:16:46,480 --> 01:16:48,719 know that the 1519 01:16:48,719 --> 01:16:50,480 current resident of the property will 1520 01:16:50,480 --> 01:16:52,640 not be occupying the property at the 1521 01:16:52,640 --> 01:17:00,950 same time. 1522 01:17:00,960 --> 01:17:03,280 I guess I want to keep in mind very last 1523 01:17:03,280 --> 01:17:05,520 statement of the letter for that 1524 01:17:05,520 --> 01:17:07,280 interpretation is him saying that the 1525 01:17:07,280 --> 01:17:08,640 zoning laws were put in place in the 1526 01:17:08,640 --> 01:17:11,520 first place to protect basically our 1527 01:17:11,520 --> 01:17:18,550 neighbors, our our well-being. Um 1528 01:17:18,560 --> 01:17:21,040 I I don't know. I kind of lean on the 1529 01:17:21,040 --> 01:17:22,800 idea that if it's not in there, we 1530 01:17:22,800 --> 01:17:25,920 shouldn't be What? Let me ask this. What 1531 01:17:25,920 --> 01:17:27,360 is our choice tonight? What are we what 1532 01:17:27,360 --> 01:17:28,880 are we looking to finish up? This is 1533 01:17:28,880 --> 01:17:31,520 this ordinance is being passed or 1534 01:17:31,520 --> 01:17:33,280 >> So, you're not making a decision 1535 01:17:33,280 --> 01:17:35,280 tonight. Tonight, I am gathering as much 1536 01:17:35,280 --> 01:17:38,159 information as possible for you and I 1537 01:17:38,159 --> 01:17:41,120 will be typing up a report decision for 1538 01:17:41,120 --> 01:17:42,719 you to consider at your next board 1539 01:17:42,719 --> 01:17:45,199 meeting. And if that is in line with 1540 01:17:45,199 --> 01:17:48,159 what you're voicing here tonight, then 1541 01:17:48,159 --> 01:17:49,840 at that time, you would be making your 1542 01:17:49,840 --> 01:17:51,280 decision. 1543 01:17:51,280 --> 01:17:53,520 >> Thank you. I would like more time. 1544 01:17:53,520 --> 01:17:55,440 >> Yeah, sure. and more information on 1545 01:17:55,440 --> 01:17:56,000 this. 1546 01:17:56,000 --> 01:17:58,480 >> Sure, we can we can take as much time to 1547 01:17:58,480 --> 01:18:02,560 kind of narrow down the facts here 1548 01:18:02,560 --> 01:18:04,320 tonight and before we come to a 1549 01:18:04,320 --> 01:18:05,840 conclusion. 1550 01:18:05,840 --> 01:18:10,310 Um, 1551 01:18:10,320 --> 01:18:11,760 and I think we have a bit more 1552 01:18:11,760 --> 01:18:13,280 discussion 1553 01:18:13,280 --> 01:18:16,880 to to go go forth. At least I do. Um, 1554 01:18:16,880 --> 01:18:21,120 but the you guys can uh tell, you know, 1555 01:18:21,120 --> 01:18:22,560 come more, you know, tell me where 1556 01:18:22,560 --> 01:18:25,440 you're where you're at and where where 1557 01:18:25,440 --> 01:18:30,149 we need to be. 1558 01:18:30,159 --> 01:18:34,239 » John, would you be willing to read that definition of the multifamily 1559 01:18:34,239 --> 01:18:36,239 again, 1560 01:18:36,239 --> 01:18:47,189 the dwelling multif family? 1561 01:18:47,199 --> 01:18:51,040 Dwellings multiple. A dwelling which is 1562 01:18:51,040 --> 01:18:55,280 either rented, leased, let out or hired 1563 01:18:55,280 --> 01:18:58,320 to be occupied or is occupied as 1564 01:18:58,320 --> 01:19:02,719 temporary or permanent residents of or 1565 01:19:02,719 --> 01:19:05,360 home of three or more families living 1566 01:19:05,360 --> 01:19:10,790 independently of each other. 1567 01:19:10,800 --> 01:19:13,440 That's the definition. 1568 01:19:13,440 --> 01:19:15,199 >> So you have to have three three or more 1569 01:19:15,199 --> 01:19:16,800 family units on property. 1570 01:19:16,800 --> 01:19:18,480 >> Correct. 1571 01:19:18,480 --> 01:19:22,640 So I think a a a normal reading of that 1572 01:19:22,640 --> 01:19:27,600 would apply to a two family as well 1573 01:19:27,600 --> 01:19:29,199 and 1574 01:19:29,199 --> 01:19:31,840 would apply to a single family whether 1575 01:19:31,840 --> 01:19:35,920 it's it's a permanent residence or 1576 01:19:35,920 --> 01:19:36,800 let out. 1577 01:19:36,800 --> 01:19:38,719 >> Yeah. I mean a dwelling of one family. 1578 01:19:38,719 --> 01:19:40,719 In here it says a detached building 1579 01:19:40,719 --> 01:19:42,159 designed 1580 01:19:42,159 --> 01:19:44,560 >> for or occupied exclusively by one 1581 01:19:44,560 --> 01:19:46,000 family. 1582 01:19:46,000 --> 01:19:49,040 >> And so 1583 01:19:49,040 --> 01:19:56,159 yeah, again it seems inherent in that that 1584 01:19:56,159 --> 01:19:59,280 definition that it would apply to a two 1585 01:19:59,280 --> 01:20:01,920 family or a single family and that that 1586 01:20:01,920 --> 01:20:09,840 rentals are are permitted and there's no indication of whether 1587 01:20:09,840 --> 01:20:12,560 those should be long-term or short-term. 1588 01:20:12,560 --> 01:20:14,480 It's just 1589 01:20:14,480 --> 01:20:27,590 it's permitted. 1590 01:20:27,600 --> 01:20:30,400 This is this is great. We have uh two 1591 01:20:30,400 --> 01:20:32,320 definitions of family throughout the 1592 01:20:32,320 --> 01:20:35,679 whole code. The zoning 1593 01:20:35,679 --> 01:20:37,840 is 1594 01:20:37,840 --> 01:20:40,719 let me click on it here. 1595 01:20:40,719 --> 01:20:44,950 Simply family 1596 01:20:44,960 --> 01:20:47,280 one or more persons with whom there may 1597 01:20:47,280 --> 01:20:51,040 be not more than four borders, rumors or 1598 01:20:51,040 --> 01:20:53,679 lodgers all living together in a common 1599 01:20:53,679 --> 01:20:56,800 household. Any border, rumor or lodger 1600 01:20:56,800 --> 01:20:59,520 residing within the family household is 1601 01:20:59,520 --> 01:21:02,159 a person who pays a consideration 1602 01:21:02,159 --> 01:21:04,640 therefore and such residence is not an 1603 01:21:04,640 --> 01:21:10,790 incident to employment therein. 1604 01:21:10,800 --> 01:21:13,679 And then 1605 01:21:13,679 --> 01:21:15,600 the other definition of family comes out 1606 01:21:15,600 --> 01:21:19,840 of the fair housing act that we have. 1607 01:21:19,840 --> 01:21:25,350 And uh 1608 01:21:25,360 --> 01:21:32,310 family includes a single individual 1609 01:21:32,320 --> 01:21:37,669 just the messenger. 1610 01:21:37,679 --> 01:21:40,640 I think I think in this case we have to 1611 01:21:40,640 --> 01:21:44,239 lean on the one that's in our zoning. 1612 01:21:44,239 --> 01:21:50,390 Uh but that was 1613 01:21:50,400 --> 01:21:53,679 I don't know. Was it clear to any of you 1614 01:21:53,679 --> 01:21:56,719 that particular 1615 01:21:56,719 --> 01:22:03,990 now I can't get back to it. 1616 01:22:04,000 --> 01:22:13,110 Gateway time out. 1617 01:22:13,120 --> 01:22:16,560 Lost our internet. or at least the 1618 01:22:16,560 --> 01:22:27,830 public one. 1619 01:22:27,840 --> 01:22:34,229 » Oh, look at that. 1620 01:22:34,239 --> 01:22:35,600 » Does anybody want me to read that again 1621 01:22:35,600 --> 01:22:37,360 to them? 1622 01:22:37,360 --> 01:22:42,390 Family. 1623 01:22:42,400 --> 01:22:45,840 No, it was long. I agree. I can read it 1624 01:22:45,840 --> 01:22:55,350 again. 1625 01:22:55,360 --> 01:22:57,360 I I do too. I'm I was going to do it 1626 01:22:57,360 --> 01:23:01,120 anyway. Family. One or more persons with 1627 01:23:01,120 --> 01:23:04,639 whom there may be not more than four 1628 01:23:04,639 --> 01:23:08,880 borders, rumors, or lodgers, all living 1629 01:23:08,880 --> 01:23:12,239 together in a common household. Any 1630 01:23:12,239 --> 01:23:15,679 border, rumor or lodger residing within 1631 01:23:15,679 --> 01:23:18,480 the family household is a person who 1632 01:23:18,480 --> 01:23:22,159 pays a consideration therefore and such 1633 01:23:22,159 --> 01:23:24,719 residence is not an incident to 1634 01:23:24,719 --> 01:23:30,470 employment therein. 1635 01:23:30,480 --> 01:23:32,480 » And where was that from, Jim? 1636 01:23:32,480 --> 01:23:34,960 >> That's in our zoning chapter. That is a 1637 01:23:34,960 --> 01:23:36,960 definition of family within the zoning 1638 01:23:36,960 --> 01:23:37,679 chapter 1639 01:23:37,679 --> 01:23:39,520 >> 73-3. 1640 01:23:39,520 --> 01:23:41,040 kind of like the one in the Fair Housing 1641 01:23:41,040 --> 01:23:44,080 Act, but nonetheless, 1642 01:23:44,080 --> 01:23:46,080 >> could you explain that last clause like 1643 01:23:46,080 --> 01:23:47,199 I'm a 5year-old? 1644 01:23:47,199 --> 01:23:49,040 >> So, 1645 01:23:49,040 --> 01:23:52,000 that that's got lawyer speak all over 1646 01:23:52,000 --> 01:23:53,120 it. So, 1647 01:23:53,120 --> 01:23:55,920 >> I can I can help there. 1648 01:23:55,920 --> 01:23:57,520 >> So, you are making your own 1649 01:23:57,520 --> 01:24:00,159 interpretations, but my interpretation 1650 01:24:00,159 --> 01:24:02,400 of that last sentence regarding 1651 01:24:02,400 --> 01:24:05,760 employment is let's say there is an 1652 01:24:05,760 --> 01:24:07,440 Opair living in the house taking care of 1653 01:24:07,440 --> 01:24:09,040 the children. she's simply residing 1654 01:24:09,040 --> 01:24:11,360 there as part of her employment. I would 1655 01:24:11,360 --> 01:24:21,750 assume that that applies to that. 1656 01:24:21,760 --> 01:24:25,270 Okay. So 1657 01:24:25,280 --> 01:24:27,679 good that helps. Um so we can go back to 1658 01:24:27,679 --> 01:24:29,280 the just the first part. One or more 1659 01:24:29,280 --> 01:24:32,239 persons with whom there may be not more 1660 01:24:32,239 --> 01:24:34,560 than four borders, 1661 01:24:34,560 --> 01:24:37,360 rumors or lodgers. 1662 01:24:37,360 --> 01:24:40,080 All. Now, 1663 01:24:40,080 --> 01:24:42,480 all what does all mean? Living together 1664 01:24:42,480 --> 01:24:45,520 in a common household. 1665 01:24:45,520 --> 01:24:48,000 You could have a mix. You could have 1666 01:24:48,000 --> 01:24:51,920 some that are family by blood. You could 1667 01:24:51,920 --> 01:24:55,040 have some that are then say you have one 1668 01:24:55,040 --> 01:24:57,600 or two people that are passing through. 1669 01:24:57,600 --> 01:25:00,400 I need a room. Here's 100 bucks. I'm 1670 01:25:00,400 --> 01:25:04,390 going to stay the night. 1671 01:25:04,400 --> 01:25:06,800 You're a family. you're still considered 1672 01:25:06,800 --> 01:25:09,679 a family. 1673 01:25:09,679 --> 01:25:12,000 That's part of the family 1674 01:25:12,000 --> 01:25:16,870 even if it's not by blood. 1675 01:25:16,880 --> 01:25:18,320 Because if you looked in the true 1676 01:25:18,320 --> 01:25:21,920 definition of in the dictionary, what is 1677 01:25:21,920 --> 01:25:23,360 the definition of family in the 1678 01:25:23,360 --> 01:25:30,149 dictionary? 1679 01:25:30,159 --> 01:25:30,800 » I don't know. 1680 01:25:30,800 --> 01:25:31,840 >> I was going to say, don't leave us 1681 01:25:31,840 --> 01:25:32,800 hanging there, John. 1682 01:25:32,800 --> 01:25:34,800 >> I don't know. 1683 01:25:34,800 --> 01:25:35,520 So 1684 01:25:35,520 --> 01:25:37,120 >> I don't have a dictionary in front of 1685 01:25:37,120 --> 01:25:38,639 me. 1686 01:25:38,639 --> 01:25:41,679 >> My my I guess my not interpretation 1687 01:25:41,679 --> 01:25:43,679 question is 1688 01:25:43,679 --> 01:25:47,360 define all in the family pun intended. 1689 01:25:47,360 --> 01:25:49,280 Um 1690 01:25:49,280 --> 01:25:53,120 so serious no in all seriousness all 1691 01:25:53,120 --> 01:25:57,040 does that mean the owners 1692 01:25:57,040 --> 01:25:58,719 family 1693 01:25:58,719 --> 01:26:04,000 as well as borders have to or 1694 01:26:04,000 --> 01:26:05,760 so so there's a limit there no more than 1695 01:26:05,760 --> 01:26:09,430 four okay 1696 01:26:09,440 --> 01:26:12,719 we've established that rumors or lodgers 1697 01:26:12,719 --> 01:26:16,080 all living together correct is that with 1698 01:26:16,080 --> 01:26:19,280 the family unit or without? 1699 01:26:19,280 --> 01:26:22,159 >> Let me back that up. Is that with the 1700 01:26:22,159 --> 01:26:27,270 owner ownership family? 1701 01:26:27,280 --> 01:26:31,430 » Or 1702 01:26:31,440 --> 01:26:38,229 transients on their own. 1703 01:26:38,239 --> 01:26:40,719 » Well, like my my son and his two buddies 1704 01:26:40,719 --> 01:26:42,400 would be considered a family if they're 1705 01:26:42,400 --> 01:26:45,520 living in a single family home. Mhm. 1706 01:26:45,520 --> 01:26:46,960 >> So they don't have to be related by 1707 01:26:46,960 --> 01:26:48,960 blood. It can be it's a group of people 1708 01:26:48,960 --> 01:26:51,040 living in the house. 1709 01:26:51,040 --> 01:26:53,600 >> Okay. 1710 01:26:53,600 --> 01:26:55,280 >> Yeah. And you own the house. Let's 1711 01:26:55,280 --> 01:26:56,480 hypothetically say. 1712 01:26:56,480 --> 01:26:56,960 >> Yeah. 1713 01:26:56,960 --> 01:26:59,600 >> But you're not living there in your in 1714 01:26:59,600 --> 01:27:01,040 your example. 1715 01:27:01,040 --> 01:27:02,880 >> Yep. So like my tenants, I have three 1716 01:27:02,880 --> 01:27:04,560 tenants that are unrelated living 1717 01:27:04,560 --> 01:27:07,520 together. They are considered a family. 1718 01:27:07,520 --> 01:27:10,320 >> Okay. 1719 01:27:10,320 --> 01:27:13,920 as opposed to a sorority of 40 people 1720 01:27:13,920 --> 01:27:14,880 living. 1721 01:27:14,880 --> 01:27:15,760 >> That's more than four. 1722 01:27:15,760 --> 01:27:17,199 >> That would not be a family. 1723 01:27:17,199 --> 01:27:19,040 >> That's more than four, but that's a more 1724 01:27:19,040 --> 01:27:23,120 of a um then it kicks up into another 1725 01:27:23,120 --> 01:27:26,400 >> type of you're outside a single family, 1726 01:27:26,400 --> 01:27:26,719 right? 1727 01:27:26,719 --> 01:27:28,560 >> Residence. Now you're into 1728 01:27:28,560 --> 01:27:32,159 >> a different type of 1729 01:27:32,159 --> 01:27:34,880 classification in the 1730 01:27:34,880 --> 01:27:36,800 >> So again, I will Well, I'll read what 1731 01:27:36,800 --> 01:27:39,440 John read. 1732 01:27:39,440 --> 01:27:42,639 Dwelling one family. A detached building 1733 01:27:42,639 --> 01:27:44,880 designed for or occupied exclus 1734 01:27:44,880 --> 01:27:58,550 exclusively by one family. 1735 01:27:58,560 --> 01:28:00,719 But essentially 1736 01:28:00,719 --> 01:28:02,880 you could have 1737 01:28:02,880 --> 01:28:05,600 not more than four borders and that's 1738 01:28:05,600 --> 01:28:09,350 considered a family. 1739 01:28:09,360 --> 01:28:12,480 seems that way or at least 1740 01:28:12,480 --> 01:28:14,400 I would agree with that interpretation 1741 01:28:14,400 --> 01:28:17,040 >> breeding in our definitions within town 1742 01:28:17,040 --> 01:28:17,840 code. 1743 01:28:17,840 --> 01:28:19,600 >> Yes, 1744 01:28:19,600 --> 01:28:22,960 >> that could change. 1745 01:28:22,960 --> 01:28:24,960 >> So that would like So I I understand 1746 01:28:24,960 --> 01:28:26,480 what you're saying. So four borders come 1747 01:28:26,480 --> 01:28:27,520 through as a family. 1748 01:28:27,520 --> 01:28:27,920 >> Correct. 1749 01:28:27,920 --> 01:28:29,440 >> The next night four more borders come 1750 01:28:29,440 --> 01:28:31,920 through as a family. Now you have two 1751 01:28:31,920 --> 01:28:34,400 families. Now two different days it's an 1752 01:28:34,400 --> 01:28:35,600 occupancy. That's what I'm saying. Can 1753 01:28:35,600 --> 01:28:37,600 it change? 1754 01:28:37,600 --> 01:28:39,360 How do we 1755 01:28:39,360 --> 01:28:40,719 >> Well, we're not we're not in the 1756 01:28:40,719 --> 01:28:42,159 business of 1757 01:28:42,159 --> 01:28:44,480 >> so we're not in the business of of 1758 01:28:44,480 --> 01:28:48,400 setting the the short well not even it's just 1759 01:28:48,400 --> 01:28:50,000 setting the code. We're interpreting 1760 01:28:50,000 --> 01:28:54,560 what's in what we have available to us 1761 01:28:54,560 --> 01:29:01,110 >> and again the 1762 01:29:01,120 --> 01:29:05,350 server. Yeah. Um, 1763 01:29:05,360 --> 01:29:08,719 so, oh, there it is. Um, 1764 01:29:08,719 --> 01:29:11,760 okay, I have it again. All he left us 1765 01:29:11,760 --> 01:29:16,719 with was no reference to definitions 1766 01:29:16,719 --> 01:29:19,920 in our code. All he left us with was the 1767 01:29:19,920 --> 01:29:23,360 one chapter saying, "No, it can't be 1768 01:29:23,360 --> 01:29:26,320 done because 1769 01:29:26,320 --> 01:29:28,880 anything not expressly permitted under 1770 01:29:28,880 --> 01:29:32,560 this action or section is excluded." 1771 01:29:32,560 --> 01:29:40,070 Okay. So, we've established that res 1772 01:29:40,080 --> 01:29:41,360 I don't know if we've established that, 1773 01:29:41,360 --> 01:29:44,800 but we've talked about the residential 1774 01:29:44,800 --> 01:29:47,679 district not 1775 01:29:47,679 --> 01:29:49,360 permitting, 1776 01:29:49,360 --> 01:29:52,000 and that's what he he he agrees, does 1777 01:29:52,000 --> 01:29:54,560 not permit 1778 01:29:54,560 --> 01:30:01,990 the activity of a short-term rental. 1779 01:30:02,000 --> 01:30:06,159 He pulled definitions from 1780 01:30:06,159 --> 01:30:07,679 experiential 1781 01:30:07,679 --> 01:30:09,840 evidence 1782 01:30:09,840 --> 01:30:13,590 to support that. 1783 01:30:13,600 --> 01:30:16,400 And there is nothing to support that 1784 01:30:16,400 --> 01:30:19,440 especially on the timetable 1785 01:30:19,440 --> 01:30:22,560 within our code. And again, I go back to 1786 01:30:22,560 --> 01:30:24,080 arguing. 1787 01:30:24,080 --> 01:30:31,590 I'm not 100% 1788 01:30:31,600 --> 01:30:34,000 determined that actual rentals of a home 1789 01:30:34,000 --> 01:30:36,159 are are allowed. 1790 01:30:36,159 --> 01:30:37,440 At least I can't without somebody 1791 01:30:37,440 --> 01:30:39,920 showing it to me. And and this is from a 1792 01:30:39,920 --> 01:30:42,080 person who rented their home before they 1793 01:30:42,080 --> 01:30:44,639 bought it. So, I have experience in 1794 01:30:44,639 --> 01:30:46,320 renting 1795 01:30:46,320 --> 01:30:48,000 and it was a short-term rental. It was 1796 01:30:48,000 --> 01:30:52,639 90 days, but that's that's not a year. 1797 01:30:52,639 --> 01:31:00,070 It's not. So, 1798 01:31:00,080 --> 01:31:02,239 I'm just going to stop there. Let 1799 01:31:02,239 --> 01:31:03,520 everybody kind of keep mulling that 1800 01:31:03,520 --> 01:31:08,149 over. 1801 01:31:08,159 --> 01:31:10,080 Well, I guess that's where I was with 1802 01:31:10,080 --> 01:31:12,480 the conversation we we a few minutes ago 1803 01:31:12,480 --> 01:31:25,350 here saying like, you know, 1804 01:31:25,360 --> 01:31:26,960 Each footnote stating that is not 1805 01:31:26,960 --> 01:31:28,800 expressly permitted by the section is 1806 01:31:28,800 --> 01:31:31,679 hereby excluded. I do agree with that 1807 01:31:31,679 --> 01:31:33,920 which puts an end to it almost except 1808 01:31:33,920 --> 01:31:36,400 for like you're saying and that's where 1809 01:31:36,400 --> 01:31:37,920 I'm trying to find how do we get to a 1810 01:31:37,920 --> 01:31:39,920 happy medium there. We can't prove that 1811 01:31:39,920 --> 01:31:42,080 we even have rentals in the first place. 1812 01:31:42,080 --> 01:31:44,159 >> There is no definition of rental in the 1813 01:31:44,159 --> 01:31:46,719 town code. No, 1814 01:31:46,719 --> 01:31:49,520 >> just rooming house 1815 01:31:49,520 --> 01:31:53,120 which I which I've read in and that's it 1816 01:31:53,120 --> 01:31:55,760 other than the dwellings and what you've 1817 01:31:55,760 --> 01:32:01,510 read in for family. 1818 01:32:01,520 --> 01:32:03,600 So essentially because there isn't a 1819 01:32:03,600 --> 01:32:10,709 definition of rental. 1820 01:32:10,719 --> 01:32:14,870 Well, so 1821 01:32:14,880 --> 01:32:18,239 it it would stand to it stands to reason 1822 01:32:18,239 --> 01:32:20,560 that he could also be tapping. There are 1823 01:32:20,560 --> 01:32:24,239 other factors that go into, 1824 01:32:24,239 --> 01:32:25,920 you know, his decision perhaps his 1825 01:32:25,920 --> 01:32:28,480 decision-m which is outside the scope of 1826 01:32:28,480 --> 01:32:29,840 what we're talking about. But he could 1827 01:32:29,840 --> 01:32:32,560 be bringing in like the various 1828 01:32:32,560 --> 01:32:35,600 occupancy and fire codes from another 1829 01:32:35,600 --> 01:32:38,480 resource into his thought process, which 1830 01:32:38,480 --> 01:32:40,320 he didn't give to us. He only gave us 1831 01:32:40,320 --> 01:32:44,400 that section. That's all he gave us, 1832 01:32:44,400 --> 01:32:45,199 >> right? 1833 01:32:45,199 --> 01:32:47,360 >> And we don't have we can't introduce 1834 01:32:47,360 --> 01:32:49,920 those 1835 01:32:49,920 --> 01:32:52,239 because really only only Mike being a 1836 01:32:52,239 --> 01:32:54,080 code officer would understand, you know, 1837 01:32:54,080 --> 01:32:56,000 most of them or at least be readily 1838 01:32:56,000 --> 01:32:58,159 available to to interpret that. And I 1839 01:32:58,159 --> 01:32:59,600 don't think we we should go down that 1840 01:32:59,600 --> 01:33:00,800 road. We need to stay within the 1841 01:33:00,800 --> 01:33:06,149 framework of our of our town code. 1842 01:33:06,159 --> 01:33:09,669 Um, 1843 01:33:09,679 --> 01:33:12,960 he defined short-term rental. Great. 1844 01:33:12,960 --> 01:33:14,960 Hopefully someday a code officer or he 1845 01:33:14,960 --> 01:33:17,920 would be able to assist 1846 01:33:17,920 --> 01:33:20,239 the main board into talking about this. 1847 01:33:20,239 --> 01:33:22,080 However, this is what we're this is what 1848 01:33:22,080 --> 01:33:27,189 we're left with. 1849 01:33:27,199 --> 01:33:30,719 I tend to be purist personally. Um, so 1850 01:33:30,719 --> 01:33:33,679 my my face value until before the 1851 01:33:33,679 --> 01:33:36,639 discussion tonight was to was to lean on 1852 01:33:36,639 --> 01:33:38,400 his interpretation. 1853 01:33:38,400 --> 01:33:42,159 It's black and white. However, 1854 01:33:42,159 --> 01:33:48,229 that's not necessarily my view at this time. 1855 01:33:48,239 --> 01:33:50,159 » I would agree. 1856 01:33:50,159 --> 01:33:57,110 I also 1857 01:33:57,120 --> 01:33:59,760 » so it's we well it's up to you guys when 1858 01:33:59,760 --> 01:34:03,760 we want to bail. Uh it's like um 1859 01:34:03,760 --> 01:34:05,600 I'm satisfied to keep talking about this 1860 01:34:05,600 --> 01:34:07,360 but it's your it's your board. I'm 1861 01:34:07,360 --> 01:34:08,000 >> do we have an 1862 01:34:08,000 --> 01:34:10,480 >> I'm the facilitator. Oh wait is there a 1863 01:34:10,480 --> 01:34:12,320 time cut off for meetings here? 1864 01:34:12,320 --> 01:34:15,040 >> Like another 1865 01:34:15,040 --> 01:34:17,679 >> Oh outanding. 1866 01:34:17,679 --> 01:34:21,520 >> Yeah. No. Like, my god. No. Do we have 1867 01:34:21,520 --> 01:34:25,430 enough information to 1868 01:34:25,440 --> 01:34:26,960 come up with something, right? I know 1869 01:34:26,960 --> 01:34:28,080 you can't give me a decision, but do we 1870 01:34:28,080 --> 01:34:28,560 have enough? 1871 01:34:28,560 --> 01:34:29,920 >> You guys have raised a lot of good 1872 01:34:29,920 --> 01:34:32,639 points. I think that if you could hone 1873 01:34:32,639 --> 01:34:35,040 your points and really 1874 01:34:35,040 --> 01:34:37,040 express exactly how each of you are 1875 01:34:37,040 --> 01:34:40,719 feeling, that would help us move forward 1876 01:34:40,719 --> 01:34:42,400 because at this point, you guys have 1877 01:34:42,400 --> 01:34:44,080 raised essentially all the points that 1878 01:34:44,080 --> 01:34:45,840 you're considering. 1879 01:34:45,840 --> 01:34:47,679 Now I would ask you to voice what those 1880 01:34:47,679 --> 01:34:50,239 considerations are leading you towards 1881 01:34:50,239 --> 01:34:53,510 interpreting 1882 01:34:53,520 --> 01:34:56,080 » like with what he provides here is a 1883 01:34:56,080 --> 01:34:58,320 pretty brief 1884 01:34:58,320 --> 01:35:00,080 interpretation 1885 01:35:00,080 --> 01:35:03,120 but I think there's also more that goes 1886 01:35:03,120 --> 01:35:07,120 into the uh international codes that's 1887 01:35:07,120 --> 01:35:09,600 adopted by New York State into this what 1888 01:35:09,600 --> 01:35:11,120 he's figuring here that he's not giving 1889 01:35:11,120 --> 01:35:14,080 us. So, I think there's a lot more when 1890 01:35:14,080 --> 01:35:15,760 looking at the building code. There's a 1891 01:35:15,760 --> 01:35:18,480 lot more definitions and 1892 01:35:18,480 --> 01:35:20,960 a lot finer detail that we're we're not 1893 01:35:20,960 --> 01:35:25,189 getting. 1894 01:35:25,199 --> 01:35:28,880 But does that supersede town town code? 1895 01:35:28,880 --> 01:35:30,400 >> Tonight, you're being asked to interpret 1896 01:35:30,400 --> 01:35:31,679 your town code. 1897 01:35:31,679 --> 01:35:34,239 >> I would say no. 1898 01:35:34,239 --> 01:35:36,719 >> That's that's where I'm 1899 01:35:36,719 --> 01:35:39,199 going with it. Now when you look at the 1900 01:35:39,199 --> 01:35:42,719 definition of a motel, a building or 1901 01:35:42,719 --> 01:35:45,040 group of buildings detached or in 1902 01:35:45,040 --> 01:35:47,840 connection connected units used as 1903 01:35:47,840 --> 01:35:50,159 individual lodging facilities designed 1904 01:35:50,159 --> 01:35:53,440 primary primarily for transient 1905 01:35:53,440 --> 01:35:56,320 travelers and providing off-street 1906 01:35:56,320 --> 01:35:58,960 parking facilities and may be provided 1907 01:35:58,960 --> 01:36:00,400 with a restaurant or eating 1908 01:36:00,400 --> 01:36:06,070 establishment. 1909 01:36:06,080 --> 01:36:08,960 No, that is a completely separate 1910 01:36:08,960 --> 01:36:14,400 definition from what a a rooming house, 1911 01:36:14,400 --> 01:36:18,000 a family, one multiple family, single 1912 01:36:18,000 --> 01:36:24,470 family, two family, 1913 01:36:24,480 --> 01:36:28,070 right? 1914 01:36:28,080 --> 01:36:29,920 » Did you read us boarding house or 1915 01:36:29,920 --> 01:36:31,679 rooming house earlier? 1916 01:36:31,679 --> 01:36:32,080 >> Yes. 1917 01:36:32,080 --> 01:36:34,800 >> Okay, thanks. I I won't do that. 1918 01:36:34,800 --> 01:36:37,920 >> But it says nothing in our our our 1919 01:36:37,920 --> 01:36:40,080 zoning timelines of anything about a 1920 01:36:40,080 --> 01:36:42,880 rooming house, 1921 01:36:42,880 --> 01:36:46,719 >> right? Uh well, and we can presume Well, 1922 01:36:46,719 --> 01:36:48,639 it's not spelled out. So, we can presume 1923 01:36:48,639 --> 01:36:50,080 that a room we can't have a rooming 1924 01:36:50,080 --> 01:36:52,800 house or a boarding house in a 1925 01:36:52,800 --> 01:36:55,440 residential area. 1926 01:36:55,440 --> 01:36:58,800 Can we agree on that? 1927 01:36:58,800 --> 01:37:01,679 because I don't think there's anything 1928 01:37:01,679 --> 01:37:04,960 I mean like in a PDDC zone, you know, 1929 01:37:04,960 --> 01:37:08,080 you got the hotel motel, but doesn't say 1930 01:37:08,080 --> 01:37:10,159 anything else about, you know, like a 1931 01:37:10,159 --> 01:37:11,840 rooming houses. 1932 01:37:11,840 --> 01:37:13,199 >> Mhm. 1933 01:37:13,199 --> 01:37:14,480 >> Well, there's a rooming house 1934 01:37:14,480 --> 01:37:15,520 definition. 1935 01:37:15,520 --> 01:37:16,000 >> Correct. 1936 01:37:16,000 --> 01:37:17,840 >> There's a definition, but yeah, it's not 1937 01:37:17,840 --> 01:37:20,400 included in there. words in any of 1938 01:37:20,400 --> 01:37:30,149 these. Well, 1939 01:37:30,159 --> 01:37:34,629 so 1940 01:37:34,639 --> 01:37:36,320 the one while we while there's a pause, 1941 01:37:36,320 --> 01:37:38,239 the one the one thing that just jumped 1942 01:37:38,239 --> 01:37:39,679 right out at me now and I don't know why 1943 01:37:39,679 --> 01:37:42,639 it's now, but specifically 1944 01:37:42,639 --> 01:37:45,119 what is allowed a family dwelling. 1945 01:37:45,119 --> 01:37:48,719 There's a definition in the code in this 1946 01:37:48,719 --> 01:37:50,800 particular section that is allowed a 1947 01:37:50,800 --> 01:37:52,000 family dwelling, 1948 01:37:52,000 --> 01:37:53,440 >> a one family. 1949 01:37:53,440 --> 01:37:58,229 >> We've defined that. 1950 01:37:58,239 --> 01:38:00,000 We haven't defined whether or not it's 1951 01:38:00,000 --> 01:38:02,880 allowed to be rented overall, let alone 1952 01:38:02,880 --> 01:38:03,920 short term. 1953 01:38:03,920 --> 01:38:05,679 >> Nothing says it can't or can. 1954 01:38:05,679 --> 01:38:09,199 >> Nothing says it can or can't. 1955 01:38:09,199 --> 01:38:11,119 >> So, there's a definition for tourist 1956 01:38:11,119 --> 01:38:13,440 home in the code. 1957 01:38:13,440 --> 01:38:17,910 >> You're right. There is 1958 01:38:17,920 --> 01:38:21,360 » I would invite you to interpret that 1959 01:38:21,360 --> 01:38:23,600 entirely. So if somebody would like to 1960 01:38:23,600 --> 01:38:25,360 read that into the record, it might be 1961 01:38:25,360 --> 01:38:27,520 helpful. 1962 01:38:27,520 --> 01:38:30,400 >> So a tourist home, a dwelling in which 1963 01:38:30,400 --> 01:38:32,639 lodging facilities or overnight 1964 01:38:32,639 --> 01:38:35,199 accommodations are provided to transient 1965 01:38:35,199 --> 01:38:38,000 guests for compensation 1966 01:38:38,000 --> 01:38:40,320 and which is a secondary use to the 1967 01:38:40,320 --> 01:38:53,830 occupancy of the dwelling by a family. 1968 01:38:53,840 --> 01:38:58,550 So we define it in the code, 1969 01:38:58,560 --> 01:39:01,920 but where is it allowed? 1970 01:39:01,920 --> 01:39:02,960 Hold on a second. 1971 01:39:02,960 --> 01:39:04,719 >> Yeah. 1972 01:39:04,719 --> 01:39:07,280 The secondary use of the occupancy of 1973 01:39:07,280 --> 01:39:13,030 the of the dwelling by a family. 1974 01:39:13,040 --> 01:39:22,470 her house rules what family 1975 01:39:22,480 --> 01:39:29,669 » no 1976 01:39:29,679 --> 01:39:33,360 » words in that in that definition such as 1977 01:39:33,360 --> 01:39:34,159 dwelling 1978 01:39:34,159 --> 01:39:36,320 >> the secondary use of a dwelling by a 1979 01:39:36,320 --> 01:39:36,719 family 1980 01:39:36,719 --> 01:39:38,800 >> dwelling and family 1981 01:39:38,800 --> 01:39:41,840 >> and the secondary use 1982 01:39:41,840 --> 01:39:45,360 Because essentially in this situation, 1983 01:39:45,360 --> 01:39:48,159 if somebody comes back and stays for a 1984 01:39:48,159 --> 01:39:50,800 little bit in their own home, 1985 01:39:50,800 --> 01:39:52,880 that's the primary objective. The 1986 01:39:52,880 --> 01:39:57,119 secondary objective is to rent it out to 1987 01:39:57,119 --> 01:40:00,480 somebody to gain financial value or 1988 01:40:00,480 --> 01:40:08,390 financial gain. 1989 01:40:08,400 --> 01:40:10,719 I'm comfortable with secondary use and 1990 01:40:10,719 --> 01:40:15,669 family and dwelling 1991 01:40:15,679 --> 01:40:18,080 and the fact that a family dwelling is 1992 01:40:18,080 --> 01:40:21,760 allowed in a residential area. I would 1993 01:40:21,760 --> 01:40:31,030 concur. 1994 01:40:31,040 --> 01:40:33,679 » Thoughts? Chair, would you mind 1995 01:40:33,679 --> 01:40:36,159 repeating what you just said? You're 1996 01:40:36,159 --> 01:40:39,440 comfortable with 1997 01:40:39,440 --> 01:40:41,920 >> I'm kind of one and done on those. Um, 1998 01:40:41,920 --> 01:40:45,520 I'm comfortable with 1999 01:40:45,520 --> 01:40:47,280 I'll even add to it. I'm comfortable 2000 01:40:47,280 --> 01:40:49,600 with tourist home, which is a secondary 2001 01:40:49,600 --> 01:40:52,239 use 2002 01:40:52,239 --> 01:40:54,800 dwelling and family. I believe that's 2003 01:40:54,800 --> 01:40:56,320 what I said. Not a complete sentence, 2004 01:40:56,320 --> 01:41:00,310 but uh 2005 01:41:00,320 --> 01:41:05,440 oh, and a family dwelling is 2006 01:41:05,440 --> 01:41:10,000 um permitted in a residential district. 2007 01:41:10,000 --> 01:41:14,960 I'm not specifically finding a call out 2008 01:41:14,960 --> 01:41:17,440 for a tourist home, but I'm not I don't 2009 01:41:17,440 --> 01:41:20,320 think it needs to be called out because 2010 01:41:20,320 --> 01:41:23,119 in in code 2011 01:41:23,119 --> 01:41:26,400 unless I find it real quick because of 2012 01:41:26,400 --> 01:41:27,920 the fact that the definition says 2013 01:41:27,920 --> 01:41:31,280 secondary use and these would be 2014 01:41:31,280 --> 01:41:33,199 principal uses that are called out in 2015 01:41:33,199 --> 01:41:40,709 these sections of the code. 2016 01:41:40,719 --> 01:41:43,199 So, uh, the floor remains open to the 2017 01:41:43,199 --> 01:41:50,470 board. I'm that's my that's my my 2018 01:41:50,480 --> 01:41:52,000 that's those are my words. That's what 2019 01:41:52,000 --> 01:41:54,480 I'm comfortable with. So, 2020 01:41:54,480 --> 01:41:57,830 >> um, 2021 01:41:57,840 --> 01:42:00,560 anybody, uh, have any, you know, 2022 01:42:00,560 --> 01:42:02,880 discussion further on that or new 2023 01:42:02,880 --> 01:42:04,480 points? Although I think we may have 2024 01:42:04,480 --> 01:42:07,040 covered everything that's in the code. 2025 01:42:07,040 --> 01:42:09,600 Uh so where where are we all where are 2026 01:42:09,600 --> 01:42:11,600 you all 2027 01:42:11,600 --> 01:42:16,629 lining up? 2028 01:42:16,639 --> 01:42:20,080 So my line of thought 2029 01:42:20,080 --> 01:42:24,080 single family dwelling is permitted 2030 01:42:24,080 --> 01:42:26,960 and a single family dwelling can be used 2031 01:42:26,960 --> 01:42:30,239 as a tourist home 2032 01:42:30,239 --> 01:42:34,080 for transient guests. 2033 01:42:34,080 --> 01:42:38,080 according to that definition. So 2034 01:42:38,080 --> 01:42:43,360 >> as a secondary use which is what we're 2035 01:42:43,360 --> 01:42:51,910 looking at. 2036 01:42:51,920 --> 01:42:53,679 » It's okay to disagree. It's it's 2037 01:42:53,679 --> 01:42:58,229 perfectly fine. 2038 01:42:58,239 --> 01:43:00,960 Just and what's the primary use? If 2039 01:43:00,960 --> 01:43:03,199 we're classifying this as secondary use, 2040 01:43:03,199 --> 01:43:04,639 what is the primary use of this house 2041 01:43:04,639 --> 01:43:09,270 then? 2042 01:43:09,280 --> 01:43:10,880 » I have not heard that information from 2043 01:43:10,880 --> 01:43:13,040 anyone in this meeting. 2044 01:43:13,040 --> 01:43:15,040 They stated 2045 01:43:15,040 --> 01:43:17,040 when we asked earlier she had stated 2046 01:43:17,040 --> 01:43:20,800 that he was living there, 2047 01:43:20,800 --> 01:43:22,800 moving out, getting a new home. They 2048 01:43:22,800 --> 01:43:24,960 visited once a year. That's all the 2049 01:43:24,960 --> 01:43:26,639 information we've given on it. And the 2050 01:43:26,639 --> 01:43:28,159 home, the entirety of the home is being 2051 01:43:28,159 --> 01:43:30,480 rented out from what I understand as an 2052 01:43:30,480 --> 01:43:32,080 Airbnb 2053 01:43:32,080 --> 01:43:35,280 or tourist tourist home, whatever you 2054 01:43:35,280 --> 01:43:38,560 want to call it, second, but it doesn't 2055 01:43:38,560 --> 01:43:40,400 classify to me as secondary if that's 2056 01:43:40,400 --> 01:43:42,080 going to be the primary use of the home 2057 01:43:42,080 --> 01:43:44,800 going forward. 2058 01:43:44,800 --> 01:43:46,960 But there's no vehicle in place, Brian, 2059 01:43:46,960 --> 01:43:50,320 in order to apply for special permit or 2060 01:43:50,320 --> 01:43:52,719 anything of that nature in this instance 2061 01:43:52,719 --> 01:43:55,750 because 2062 01:43:55,760 --> 01:43:58,400 it's not explicitly 2063 01:43:58,400 --> 01:44:00,960 expressively written into it. 2064 01:44:00,960 --> 01:44:01,600 >> I agree. 2065 01:44:01,600 --> 01:44:06,880 >> But that's essentially by town by town 2066 01:44:06,880 --> 01:44:09,280 definitions 2067 01:44:09,280 --> 01:44:11,520 essentially this could happen. It could 2068 01:44:11,520 --> 01:44:15,119 be done. And if he says that he and all 2069 01:44:15,119 --> 01:44:16,800 they really have to do is say, "Well, 2070 01:44:16,800 --> 01:44:18,400 I'm going to live there one, you know, 2071 01:44:18,400 --> 01:44:20,400 every so often, every couple weeks or 2072 01:44:20,400 --> 01:44:22,480 something, that falls under that 2073 01:44:22,480 --> 01:44:23,920 guideline." 2074 01:44:23,920 --> 01:44:26,719 >> And she she actually does well and and 2075 01:44:26,719 --> 01:44:28,719 we've heard testimony that she she does 2076 01:44:28,719 --> 01:44:31,520 come back at least once a year for the 2077 01:44:31,520 --> 01:44:34,880 primary use of the owner's home. So she 2078 01:44:34,880 --> 01:44:36,800 is 2079 01:44:36,800 --> 01:44:39,760 to me there is a potential that that 2080 01:44:39,760 --> 01:44:43,360 building exists as a a a homeowner's 2081 01:44:43,360 --> 01:44:45,280 dwelling which correct is not defined 2082 01:44:45,280 --> 01:44:47,040 but nonetheless a dwelling and a family 2083 01:44:47,040 --> 01:44:49,119 dwelling 2084 01:44:49,119 --> 01:44:50,719 >> which definitions 2085 01:44:50,719 --> 01:44:53,600 >> right and could it be a lot of gray area 2086 01:44:53,600 --> 01:44:55,280 possibly 2087 01:44:55,280 --> 01:44:56,639 >> but all they would have to do to make it 2088 01:44:56,639 --> 01:44:58,960 a family dwelling is say okay well the 2089 01:44:58,960 --> 01:45:03,679 house isn't available for tourist 2090 01:45:03,679 --> 01:45:05,679 from this date to that date and we're 2091 01:45:05,679 --> 01:45:07,199 going to move back in for x number of 2092 01:45:07,199 --> 01:45:09,360 weeks, months, whatever, and then they 2093 01:45:09,360 --> 01:45:12,800 might go somewhere else after that or or 2094 01:45:12,800 --> 01:45:14,960 even decide to stay, 2095 01:45:14,960 --> 01:45:16,719 >> right? 2096 01:45:16,719 --> 01:45:19,280 >> So, I will note for the board in their 2097 01:45:19,280 --> 01:45:21,199 interpretation because we're kind of 2098 01:45:21,199 --> 01:45:23,760 interpreting tourist home also at this 2099 01:45:23,760 --> 01:45:26,159 point that when you're interpreting 2100 01:45:26,159 --> 01:45:29,520 secondary use similarly to how there are 2101 01:45:29,520 --> 01:45:34,880 not um timeline limitations on defining 2102 01:45:34,880 --> 01:45:37,280 rentals or anything else. There is also 2103 01:45:37,280 --> 01:45:41,280 not a timeline or duality defined in the 2104 01:45:41,280 --> 01:45:43,679 tourist home definition. 2105 01:45:43,679 --> 01:45:45,679 So when it says which is a secondary 2106 01:45:45,679 --> 01:45:47,920 use, it's not really defining or telling 2107 01:45:47,920 --> 01:45:51,679 you whether or not that is whether the 2108 01:45:51,679 --> 01:45:53,760 occupancy is occurring at the same time 2109 01:45:53,760 --> 01:45:55,600 or if they are going to be living there 2110 01:45:55,600 --> 01:45:58,400 in between rentals and whatnot and 2111 01:45:58,400 --> 01:46:02,080 whether that secondary use um 2112 01:46:02,080 --> 01:46:05,760 is secondary to if it is residential in 2113 01:46:05,760 --> 01:46:08,960 nature principally. So that is something 2114 01:46:08,960 --> 01:46:10,800 that you should consider when you are 2115 01:46:10,800 --> 01:46:17,030 looking at that. 2116 01:46:17,040 --> 01:46:18,960 » I I feel based on the information that I 2117 01:46:18,960 --> 01:46:20,480 was given and that I've heard tonight 2118 01:46:20,480 --> 01:46:22,320 that this 2119 01:46:22,320 --> 01:46:24,239 what we are calling secondary use of a 2120 01:46:24,239 --> 01:46:26,239 tourist home is going to be the primary 2121 01:46:26,239 --> 01:46:28,320 use of this home. 2122 01:46:28,320 --> 01:46:33,280 So I would my personal I think that 2123 01:46:33,280 --> 01:46:33,600 >> okay 2124 01:46:33,600 --> 01:46:34,960 >> I would go along with code enforcement 2125 01:46:34,960 --> 01:46:35,760 officer. 2126 01:46:35,760 --> 01:46:40,310 >> Okay. 2127 01:46:40,320 --> 01:46:43,600 I mean ultimately you know after 2128 01:46:43,600 --> 01:46:45,760 whatever is synthesized we'll be voting 2129 01:46:45,760 --> 01:46:48,800 on it next month. So um the chips will 2130 01:46:48,800 --> 01:46:50,320 fall you know we need to just narrow 2131 01:46:50,320 --> 01:46:53,199 down to something and we either vote it 2132 01:46:53,199 --> 01:46:55,600 up or we vote it down however it comes 2133 01:46:55,600 --> 01:46:58,960 out. So, what is that something? Um, I 2134 01:46:58,960 --> 01:47:01,040 think we're still working on almost 2135 01:47:01,040 --> 01:47:02,639 there, but we're we're still working on 2136 01:47:02,639 --> 01:47:03,520 it because we haven't heard from 2137 01:47:03,520 --> 01:47:06,960 everybody. So, um, 2138 01:47:06,960 --> 01:47:09,040 who's next? 2139 01:47:09,040 --> 01:47:10,239 You've heard from me, you've heard from 2140 01:47:10,239 --> 01:47:12,719 Mike, Brian, 2141 01:47:12,719 --> 01:47:14,320 John mostly, unless he wants to say 2142 01:47:14,320 --> 01:47:20,709 anything again. 2143 01:47:20,719 --> 01:47:22,639 » I I'm good for now. 2144 01:47:22,639 --> 01:47:32,470 >> Okay. Dan or Scott, fight over it. 2145 01:47:32,480 --> 01:47:35,679 » Okay, Dan. Uh, okay, Dan. Go ahead, 2146 01:47:35,679 --> 01:47:36,159 Scott. 2147 01:47:36,159 --> 01:47:41,270 >> All right. Um, 2148 01:47:41,280 --> 01:47:42,880 I don't know how long they've owned the 2149 01:47:42,880 --> 01:47:44,960 house. 2150 01:47:44,960 --> 01:47:47,280 I think that they've occupied the house 2151 01:47:47,280 --> 01:47:50,159 during most of the ownership until 2152 01:47:50,159 --> 01:47:51,840 recently. 2153 01:47:51,840 --> 01:47:55,040 Uh, I think age is a consideration of 2154 01:47:55,040 --> 01:47:57,360 why they're changing 2155 01:47:57,360 --> 01:47:59,760 uh the use of the house possibly. Not 2156 01:47:59,760 --> 01:48:03,040 sure, but I'm guessing that uh maybe uh 2157 01:48:03,040 --> 01:48:08,880 the long-term occupant now is maybe 2158 01:48:08,880 --> 01:48:10,719 spending parts of the year somewhere 2159 01:48:10,719 --> 01:48:14,320 else, either in another home or in 2160 01:48:14,320 --> 01:48:16,400 another part of the country or something 2161 01:48:16,400 --> 01:48:18,080 like that. 2162 01:48:18,080 --> 01:48:21,990 Um, 2163 01:48:22,000 --> 01:48:26,239 I think that uh could happen some more 2164 01:48:26,239 --> 01:48:28,239 in the future, but we don't know. We'd 2165 01:48:28,239 --> 01:48:31,199 have to ask them, I guess. is she going 2166 01:48:31,199 --> 01:48:35,119 to fly south for the next five years or 2167 01:48:35,119 --> 01:48:37,040 what whatever the plan is. We don't 2168 01:48:37,040 --> 01:48:38,880 necessarily have to know exact details, 2169 01:48:38,880 --> 01:48:41,600 but it would be helpful to know in order 2170 01:48:41,600 --> 01:48:45,679 to uh um 2171 01:48:45,679 --> 01:48:47,520 to consider a family dwelling as a 2172 01:48:47,520 --> 01:48:49,920 primary if she's going to be there. I 2173 01:48:49,920 --> 01:48:51,840 mean, she has enough years in there 2174 01:48:51,840 --> 01:48:55,119 already to average it out over 40 years 2175 01:48:55,119 --> 01:48:59,040 or so, but if she's never coming back, 2176 01:48:59,040 --> 01:49:01,360 Um, so the tourist home to me the 2177 01:49:01,360 --> 01:49:03,920 tourist home u 2178 01:49:03,920 --> 01:49:07,750 name fits 2179 01:49:07,760 --> 01:49:10,800 and there's a secondary use 2180 01:49:10,800 --> 01:49:13,119 because the primary use could change at 2181 01:49:13,119 --> 01:49:14,800 any time. I mean once they're working 2182 01:49:14,800 --> 01:49:18,000 with Airbnb or whoever to fill their 2183 01:49:18,000 --> 01:49:20,800 calendar they can block the calendar for 2184 01:49:20,800 --> 01:49:29,590 longterm short term anytime they want to put her back in the house. 2185 01:49:29,600 --> 01:49:31,920 Can I say something, Scott? And her 2186 01:49:31,920 --> 01:49:34,800 letter of intent, I do believe right now 2187 01:49:34,800 --> 01:49:37,920 she's in Arizona due to business 2188 01:49:37,920 --> 01:49:42,239 reasons. So, it's not like it's 2189 01:49:42,239 --> 01:49:43,840 she's out there for business and 2190 01:49:43,840 --> 01:49:46,400 eventually she'll come back. 2191 01:49:46,400 --> 01:49:49,520 was my intentions, I think, with reading 2192 01:49:49,520 --> 01:49:51,760 her letter of intent of why she wanted 2193 01:49:51,760 --> 01:49:55,679 to do this for to be able to just since 2194 01:49:55,679 --> 01:49:57,840 her kids moving out to be able to have 2195 01:49:57,840 --> 01:49:59,600 money coming in to probably pay for the 2196 01:49:59,600 --> 01:50:02,960 house. Um, 2197 01:50:02,960 --> 01:50:04,960 I do believe that was in her letter of 2198 01:50:04,960 --> 01:50:12,390 intent. 2199 01:50:12,400 --> 01:50:14,560 Yeah, I've got it up here. I'm looking 2200 01:50:14,560 --> 01:50:26,709 um 2201 01:50:26,719 --> 01:50:29,760 yeah I'm going to take take your word on 2202 01:50:29,760 --> 01:50:39,030 that. Um, 2203 01:50:39,040 --> 01:50:40,880 » while you're looking for that, chair, I 2204 01:50:40,880 --> 01:50:43,280 will note for the board that if if 2205 01:50:43,280 --> 01:50:45,760 you're getting hung up on whether or not 2206 01:50:45,760 --> 01:50:49,040 this is considered a tourist home, the 2207 01:50:49,040 --> 01:50:50,800 reason why I'm asking you to consider 2208 01:50:50,800 --> 01:50:53,360 that second part of secondary use is 2209 01:50:53,360 --> 01:50:55,920 because if you're considering this a 2210 01:50:55,920 --> 01:50:58,159 tourist home, which is a secondary use, 2211 01:50:58,159 --> 01:51:00,719 then you need to the primary use which 2212 01:51:00,719 --> 01:51:04,960 is why you're here tonight inter that's essentially your interpretation 2213 01:51:04,960 --> 01:51:06,560 that you guys are trying to do tonight 2214 01:51:06,560 --> 01:51:08,239 anyway. So it brings you full circle 2215 01:51:08,239 --> 01:51:10,719 back to the exact question that you're 2216 01:51:10,719 --> 01:51:13,119 trying to interpret in the first place. 2217 01:51:13,119 --> 01:51:18,629 >> Correct. 2218 01:51:18,639 --> 01:51:20,480 We have opinions on that, but have we 2219 01:51:20,480 --> 01:51:23,440 actually done that 2220 01:51:23,440 --> 01:51:27,990 cohesively 2221 01:51:28,000 --> 01:51:31,600 » that it's a family dwelling? 2222 01:51:31,600 --> 01:51:33,679 >> That's what I'm asking. That's what the 2223 01:51:33,679 --> 01:51:34,880 question is. The whole the overall 2224 01:51:34,880 --> 01:51:35,199 question 2225 01:51:35,199 --> 01:51:38,400 >> at at one point until her son moved out, 2226 01:51:38,400 --> 01:51:41,760 it was a family dwelling. 2227 01:51:41,760 --> 01:51:45,440 So the the question is will it continue 2228 01:51:45,440 --> 01:51:47,760 to be a family dwelling? And that's 2229 01:51:47,760 --> 01:51:50,239 where I thought in her letter of intent 2230 01:51:50,239 --> 01:51:52,719 she wrote why she wanted to do it 2231 01:51:52,719 --> 01:51:56,950 because of 2232 01:51:56,960 --> 01:52:12,310 Yeah, I remember it. Um 2233 01:52:12,320 --> 01:52:15,280 just trying to find 2234 01:52:15,280 --> 01:52:26,470 there's so many pages. Um 2235 01:52:26,480 --> 01:52:40,629 signature page 2236 01:52:40,639 --> 01:52:42,880 I can't seem to find it here in the this 2237 01:52:42,880 --> 01:52:45,040 the interpretation application. Do do 2238 01:52:45,040 --> 01:52:46,560 you think you we could have seen it in 2239 01:52:46,560 --> 01:52:49,360 the use? 2240 01:52:49,360 --> 01:52:52,080 >> That's what I was that's what I was 2241 01:52:52,080 --> 01:53:03,669 wondering if that was what I remember. 2242 01:53:03,679 --> 01:53:07,840 Well, I recall that she wrote her that 2243 01:53:07,840 --> 01:53:11,910 uh she was, 2244 01:53:11,920 --> 01:53:13,280 you know, it is a family dwelling. 2245 01:53:13,280 --> 01:53:17,040 She'll be back to use it. 2246 01:53:17,040 --> 01:53:18,800 Therefore, my in my mind, but that's 2247 01:53:18,800 --> 01:53:20,080 just my interpretation. I'm trying to 2248 01:53:20,080 --> 01:53:23,360 look for the facts here, but uh 2249 01:53:23,360 --> 01:53:25,040 I wonder if it was in the use 2250 01:53:25,040 --> 01:53:26,560 application that I don't seem to have, 2251 01:53:26,560 --> 01:53:29,440 would it be back in July, maybe? Would 2252 01:53:29,440 --> 01:53:35,430 that still be living back there? 2253 01:53:35,440 --> 01:53:37,119 How far down this rabbit hole do we want 2254 01:53:37,119 --> 01:53:40,800 to go? If we're going to recall, if 2255 01:53:40,800 --> 01:53:41,840 we're going to call this home her 2256 01:53:41,840 --> 01:53:44,239 primary residency or her primary house, 2257 01:53:44,239 --> 01:53:47,920 this house is her primary 2258 01:53:47,920 --> 01:53:49,599 purpose of it as her primary dwelling or 2259 01:53:49,599 --> 01:53:50,639 whatever you want, however you want to 2260 01:53:50,639 --> 01:53:52,560 word that, 2261 01:53:52,560 --> 01:53:55,760 then we need to consider where she's 2262 01:53:55,760 --> 01:53:57,920 staying in Arizona. What is that? Then 2263 01:53:57,920 --> 01:54:00,159 that would to me and I'm pretty sure New 2264 01:54:00,159 --> 01:54:01,360 York State's going to agree with me. If 2265 01:54:01,360 --> 01:54:04,880 you're spending 48 weeks of the year in 2266 01:54:04,880 --> 01:54:06,800 Arizona and two weeks of the year here 2267 01:54:06,800 --> 01:54:09,760 or four weeks, sorry, 52. Either way, 2268 01:54:09,760 --> 01:54:10,800 you're spending the majority of your 2269 01:54:10,800 --> 01:54:12,320 time there, you're going to be primary 2270 01:54:12,320 --> 01:54:13,760 residency is going to be considered in 2271 01:54:13,760 --> 01:54:18,159 Arizona, which will make this. 2272 01:54:18,159 --> 01:54:21,760 Does she get mail in Arizona? 2273 01:54:21,760 --> 01:54:22,480 >> That would be 2274 01:54:22,480 --> 01:54:25,840 >> I I mean, I don't know. I'm just 2275 01:54:25,840 --> 01:54:27,679 >> I'm just throwing that out there to for 2276 01:54:27,679 --> 01:54:30,320 the sake of conversation is there should 2277 01:54:30,320 --> 01:54:31,840 be We want to make sure we don't get off 2278 01:54:31,840 --> 01:54:33,360 track. We are not interpreting whether 2279 01:54:33,360 --> 01:54:35,040 or not it was considered her primary 2280 01:54:35,040 --> 01:54:35,760 residence. 2281 01:54:35,760 --> 01:54:36,080 >> Okay. 2282 01:54:36,080 --> 01:54:38,000 >> You are you are interpreting 2283 01:54:38,000 --> 01:54:39,679 >> Yeah. Let's go back to the definition. 2284 01:54:39,679 --> 01:54:42,719 Dwelling one family. A detached building 2285 01:54:42,719 --> 01:54:44,639 designed for 2286 01:54:44,639 --> 01:54:46,239 >> or 2287 01:54:46,239 --> 01:54:48,800 occupied exclusively by one family. 2288 01:54:48,800 --> 01:54:52,239 >> Oh, defined for one family. It doesn't 2289 01:54:52,239 --> 01:54:54,719 say anything 2290 01:54:54,719 --> 01:54:56,159 >> the Well, and the dwelling 2291 01:54:56,159 --> 01:54:58,000 >> with that ore in there. 2292 01:54:58,000 --> 01:54:58,719 >> Correct. 2293 01:54:58,719 --> 01:54:59,040 >> Yep. 2294 01:54:59,040 --> 01:55:01,199 >> I think you got it. So now that kind of 2295 01:55:01,199 --> 01:55:03,760 eliminates the occupancy issue. 2296 01:55:03,760 --> 01:55:05,920 >> I think I think as a property matter the 2297 01:55:05,920 --> 01:55:07,840 building is designed as a one family 2298 01:55:07,840 --> 01:55:08,560 >> family 2299 01:55:08,560 --> 01:55:10,400 >> residence. It has been used as a one 2300 01:55:10,400 --> 01:55:12,239 family residence. It's still owned by 2301 01:55:12,239 --> 01:55:14,400 and then anybody that transits through 2302 01:55:14,400 --> 01:55:16,880 there is considered a family. 2303 01:55:16,880 --> 01:55:19,280 >> Y 2304 01:55:19,280 --> 01:55:22,560 the secondary use 2305 01:55:22,560 --> 01:55:27,510 >> for the tourist home. 2306 01:55:27,520 --> 01:55:28,560 » It's a good statement. 2307 01:55:28,560 --> 01:55:34,950 >> Mhm. 2308 01:55:34,960 --> 01:55:38,149 Uh, 2309 01:55:38,159 --> 01:55:42,000 anything to add, synthesize, 2310 01:55:42,000 --> 01:55:45,280 bring us home? 2311 01:55:45,280 --> 01:55:47,840 Either way, man, I really don't have 2312 01:55:47,840 --> 01:55:52,629 much to add. It just seems 2313 01:55:52,639 --> 01:55:55,119 Yeah, it would have been 2314 01:55:55,119 --> 01:56:00,639 very nice if it were in the code specifically that 2315 01:56:00,639 --> 01:56:03,199 short-term rental definition 2316 01:56:03,199 --> 01:56:06,960 >> and either allowed or not allowed. Um, 2317 01:56:06,960 --> 01:56:11,040 without that being in the code, I still 2318 01:56:11,040 --> 01:56:12,639 don't 2319 01:56:12,639 --> 01:56:17,360 see the reason why it can be denied. 2320 01:56:17,360 --> 01:56:20,800 If we allow rentals, 2321 01:56:20,800 --> 01:56:26,550 I think it's a reasonable 2322 01:56:26,560 --> 01:56:28,639 just a normal reading of the code that 2323 01:56:28,639 --> 01:56:31,280 we would allow rentals. 2324 01:56:31,280 --> 01:56:36,390 >> Okay. 2325 01:56:36,400 --> 01:56:43,360 Uh, so I guess at this point, um, are we in the zone, 2326 01:56:43,360 --> 01:56:47,040 do you think, for something to write up 2327 01:56:47,040 --> 01:56:50,159 along the lines of, 2328 01:56:50,159 --> 01:56:51,920 again, 2329 01:56:51,920 --> 01:56:53,599 it doesn't matter how how we're going to 2330 01:56:53,599 --> 01:57:00,480 vote for it. I think we we've come to a zone that she can 2331 01:57:00,480 --> 01:57:05,440 document give to us and a conclusion 2332 01:57:05,440 --> 01:57:07,840 >> and if it doesn't will there will there 2333 01:57:07,840 --> 01:57:09,119 be adjustments 2334 01:57:09,119 --> 01:57:09,840 >> on the fly? 2335 01:57:09,840 --> 01:57:10,880 >> We can make adjustments. 2336 01:57:10,880 --> 01:57:14,639 >> Okay. So if if there's adjustments, you 2337 01:57:14,639 --> 01:57:17,360 know, next month 2338 01:57:17,360 --> 01:57:19,920 or if you're, you know, convicted one 2339 01:57:19,920 --> 01:57:25,199 way or the other, we vote. We vote on 2340 01:57:25,199 --> 01:57:28,000 the synthesis that we've kind of hashed 2341 01:57:28,000 --> 01:57:29,520 out 2342 01:57:29,520 --> 01:57:32,320 in a direction that we sort of seem like 2343 01:57:32,320 --> 01:57:34,800 it should fit. 2344 01:57:34,800 --> 01:57:36,239 And again, like I said, still don't like 2345 01:57:36,239 --> 01:57:38,880 it, vote no 2346 01:57:38,880 --> 01:57:41,040 or yes. Whichever way, whichever way the 2347 01:57:41,040 --> 01:57:47,669 wording comes out, I'm not sure. So, um, 2348 01:57:47,679 --> 01:57:50,400 are we are we concluded 2349 01:57:50,400 --> 01:57:52,719 or so, how do we formally handle this? 2350 01:57:52,719 --> 01:57:54,880 We just table it. We just toss it to old 2351 01:57:54,880 --> 01:57:55,360 business. 2352 01:57:55,360 --> 01:57:56,880 >> I believe we would carry it to the next 2353 01:57:56,880 --> 01:58:01,599 meeting for the decision to be voted on at that time. 2354 01:58:01,599 --> 01:58:07,119 >> Okay. So no formal yeah 2355 01:58:07,119 --> 01:58:09,599 one of the trainings I had said don't 2356 01:58:09,599 --> 01:58:12,000 hang on Robert's rules of order anymore 2357 01:58:12,000 --> 01:58:16,639 just just go for just talk. So uh with 2358 01:58:16,639 --> 01:58:19,360 the exception of things we have to do. 2359 01:58:19,360 --> 01:58:21,040 Um we're going to kick it into old 2360 01:58:21,040 --> 01:58:26,070 business for next meeting. 2361 01:58:26,080 --> 01:58:27,119 » That'll work. 2362 01:58:27,119 --> 01:58:30,000 >> Okay. Comfortable 2363 01:58:30,000 --> 01:58:30,480 everybody. 2364 01:58:30,480 --> 01:58:32,000 >> Yep. I'm comfortable. 2365 01:58:32,000 --> 01:58:32,639 >> Okay. 2366 01:58:32,639 --> 01:58:34,400 >> All right. 2367 01:58:34,400 --> 01:58:36,800 Um, that brings us to the end of 2368 01:58:36,800 --> 01:58:39,679 tonight's business. Anybody got anything 2369 01:58:39,679 --> 01:58:43,119 else for the good of the order? 2370 01:58:43,119 --> 01:58:44,480 >> I'm good. 2371 01:58:44,480 --> 01:58:46,239 >> Okay. 2372 01:58:46,239 --> 01:58:48,239 Without any further objection or any 2373 01:58:48,239 --> 01:58:51,280 objections, I will bring this meeting to 2374 01:58:51,280 --> 01:58:54,400 a close. 2375 01:58:54,400 --> 01:58:59,040 Thank you everyone. We are We are done. 2376 01:58:59,040 --> 01:59:13,990 Good work. 2377 01:59:14,000 --> 01:59:17,560 That's an offuit.