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20-02 and

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20-03

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we will be reviewing those cases

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and we will also review

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a written decision for the board of

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appeals case

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2020-1 board of education of cal

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cowboy county beach elementary school

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replacement project my name is jaris

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spencer

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i am the chair of the chesapeake beach

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board of appeals

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tonight is being conducted virtually

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each member of the board is

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participating

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remotely the hearing is

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being live streamed and will be

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published on youtube for those

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persons logged on to this meeting

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or the call you will have an opportunity

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to speak

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and ask questions and comment for the

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record

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at the appropriate time

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i will ask for your comment

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so let me take the roll call call of

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members

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uh and call this hearing to order

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david ferguson are you here

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uh yes i'm here kelly stewart

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are you here

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jody whom star are you here jan

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rutke are you here yes ma'am

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okay let it be recorded that we have a

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quorum

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also with us sharon hume

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who is the town clerk and secretary of

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the board of appeals

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frederick sussman who is the attorney

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for the board of appeals

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and christopher jakubiak

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which is the town planner and zoning

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administrator

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first we will hear case 2020-02

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to consider the application from calvert

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property partners

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llc who is the owner and free sample of

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real property known

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of 8207 elm lane

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for a 7.5 foot variance to section

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290-19 of the town

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of chesapeake beach zoning audience or

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ordinance to allow a new

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house to encroach 7.5 feet

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into the required 15 foot front yard

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and a variance to section 20-17e

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2 to allow encroachment

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into the required 25-foot non-tidal

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wetland buffer

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of up to 1863

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square feet plus

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area of site disturbance

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second we will hear case 2020-3

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to consider consider an application from

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francis a

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and stephanie m white owners and fee

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sample

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of real property known as 8203

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elm lane to allow a new house to

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encroach

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7.5 feet into the required 15

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foot yard and a variance to section

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20-17e 2

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to allow encroachment into the 25-foot

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non-tidal

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wetland uh buffer uh plus area

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uh on site excuse me

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to allow encroachment into the 25 foot

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non-title wetland buffer plus area

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of sight disturbance

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before we begin with testimony

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i will ask mr sussman to swear in

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everyone who intends to offer comments

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and testify at these evening

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at least this evening's hearings

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on either case number

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20 20-2 or

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case number 2020-3

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so if you wish to speak to the board

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this evening

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on these matters please prepare now

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to be sworn in sessom

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thank you madam chair everybody who

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intends

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or thinks they may want to speak on

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either case tonight

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please raise your right hand and

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repeat after me do you

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solemnly swear or affirm under the

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penalties of perjury

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that the testimony you are about to give

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and the responses

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and statements you are about to make

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will be the whole truth

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and nothing but the truth uh please say

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uh yes

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or no yes yes yes

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well the record reflects that a number

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of people i believe it was five or so

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uh indicated uh that they intend to

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speak

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and take the oath by saying yes i did

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not hear

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uh any no's so i will assume that

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everybody who's going to speak tonight

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has been sworn

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and agreed to tell the truth the whole

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truth and nothing but the truth

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thank you madam chair okay

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now i'd like to ask the board secretary

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sharon hume

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to confirm that both

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hearings were properly notified

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and advertised as required

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by town code

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yes uh the property owners were notified

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by letter dated

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august 14th via certified mail

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both properties were advertised in the

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local newspaper for three consecutive

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weeks beginning

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august 14th and both properties were

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posted

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august 12th

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thanks sharon this document is now um

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forwarded for recording as

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now let's begin with the application i

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turn to the

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town planner for a summary i will ask

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mr jacobiak to summarize the request

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in case number 20-20 2020-2

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after we've had an opportunity to ask

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his questions i will ask the applicant

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to introduce those members

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who will be all offering testimony

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and to present the case on the ordinance

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once we've heard the applicant's case

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variant

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sorry once we have heard the applicant's

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case for the variants

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we will hear from anyone who may wish to

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testify

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on behalf of or in opposition to

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the variants mr jacobiak

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and applicant will be given the

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opportunity to present

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any additional comments on the

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application

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then i will close the testimony on the

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variants

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in case 20-2

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2020-2 after we

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are finished with the presentation of

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evidence

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and the public comment on variants

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the board will formally begin out the

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liberation

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and decide on the matter

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typically the board's decision will be

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subject to the council to the board

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preparing a resolution that documents

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the board's decision

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and the reason for that decision

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after the board has conducted the

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deliberations and actions

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in case number 2020-2 the board will

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proceed

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in case number 20 20-3

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in the same manner

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if there is no objection from the board

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i'd like the applicant's application

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and town planner staff report

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entered into the record as exhibits

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okay miss jacubina please correct

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variance application

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uh thank you i would prefer to

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share my screen that's possible

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yes okay can everyone see my screen

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yes okay good um

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what you see in front of you is just a

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copy of the

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staff memorandum dated september 2nd

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and um madam chair and members of the

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board my apologies for

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not getting this to you sooner um

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i'm glad i got it to you yesterday but

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in light of the fact you may not have

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had much time to read it i thought i'd

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spend a little bit more time than normal

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introducing the case

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let me start by

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showing you something i think is

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interesting here

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can everyone see that photograph

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yeah okay this is a drone photo that

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we've among many

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that have been taken

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of the town and uh

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and used in part for our comprehensive

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planning work

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but i wanted to point out to you on this

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map

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or this image where the lots are and

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just give you a sense of the

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character of the neighborhood and some

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of the

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environmental issues issues that are

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quite obvious

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see my cursor moving up and down

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maryland 260.

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yeah i want to direct your attention to

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that okay so follow me down

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elm street this is elm or elm lane

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sorry and it effectively dead ends here

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as a public street

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and i'm not quite sure where precisely

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it is and i wouldn't be able to

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show that on this photograph but it dead

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ends and then it becomes a private

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driveway that leads back

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uh to mr gary coldsmith's house which is

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in this area these are the existing

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houses

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the kind of the pattern of development

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that has existed there for quite some

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time

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and this general area here

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is where those two lots that are subject

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to tonight's discussion

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will be located or are proposed to be

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located

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the first one that's on the docket 8207

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uh is roughly here you can see this

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little

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bump out of asphalt um

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that's well i'll show you later but on

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the site plan that little bump out actually looks like

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it's in the front yard

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of the house that's being proposed but

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so this is roughly the location of the first applicant's proposal

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you can see this kind of natural

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corridor here there's a wetland in there

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and there's

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trees and um and you can see also how

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this

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low-lying topography drips drops back

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down to

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the marshland and those who are familiar

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with chesapeake beach will know that

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what we see out here in terms of

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marsh swamps wetlands uh

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once covered all of this area so

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all this area including calmest field or

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certainly most of it

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parking lots it's all filled it's all

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made land and we know

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that nature is reclaiming it slowly but

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surely you can see some pockets of water

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wet spots popping up

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and uh we also know that the flood zone

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100 year flood zone comes right up to

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that drive that i just mentioned uh

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may not cross over it just yet but it's

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right there

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so all this area is subject to flooding

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in the in the current um

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scheme of things so that's where we are

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we're we're challenged by a number of

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environmental issues here tonight

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and i just wanted to give you that

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bigger picture

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later why don't i do that now

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i wanted to point out where the

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flood zone is since i mentioned it

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if you follow my cursor again

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um goodness um

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oh here's elm going up and down elm

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uh lane now and the lots that we're

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concerned about tonight are

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located right here this blue hashed line indicates

291
00:15:01,680 --> 00:15:05,040
the flood zone the 100 year flood zone

292
00:15:05,040 --> 00:15:08,399
and the dark indicates open water

293
00:15:08,399 --> 00:15:12,560
okay that's the existing condition

294
00:15:12,560 --> 00:15:15,920
uh based on uh 2014

295
00:15:15,920 --> 00:15:19,760
fema floodplain mapping what um

296
00:15:19,760 --> 00:15:22,399
the comprehensive plan is in part

297
00:15:22,399 --> 00:15:24,000
studying right now our work on

298
00:15:24,000 --> 00:15:25,440
comprehensive plan

299
00:15:25,440 --> 00:15:28,880
involves study of sea level rise

300
00:15:28,880 --> 00:15:32,320
and how the natural conditions in

301
00:15:32,320 --> 00:15:35,360
chesapeake beach will change over time

302
00:15:35,360 --> 00:15:38,480
if current trends continue and the

303
00:15:38,480 --> 00:15:40,079
current trends take us up to

304
00:15:40,079 --> 00:15:43,199
um uh 2.1 feet of

305
00:15:43,199 --> 00:15:45,440
sea level rise elevation in the

306
00:15:45,440 --> 00:15:46,560
chesapeake bay

307
00:15:46,560 --> 00:15:50,000
region um by the year 2050 which is you

308
00:15:50,000 --> 00:15:52,839
know effectively 30 years from now

309
00:15:52,839 --> 00:15:55,920
um so over time

310
00:15:55,920 --> 00:15:58,959
this is kind of the new scenario um that

311
00:15:58,959 --> 00:15:59,519
we

312
00:15:59,519 --> 00:16:02,880
expect again let me locate

313
00:16:02,880 --> 00:16:05,680
the elm lane for you again it's on this

314
00:16:05,680 --> 00:16:09,199
map it's here

315
00:16:09,199 --> 00:16:11,120
a lot the lots we're talking about are

316
00:16:11,120 --> 00:16:12,240
located here

317
00:16:12,240 --> 00:16:15,440
they're shaded in blue now

318
00:16:15,440 --> 00:16:18,959
okay um this is the edge of

319
00:16:18,959 --> 00:16:21,519
predicted open water the dark blue level

320
00:16:21,519 --> 00:16:22,000
area

321
00:16:22,000 --> 00:16:25,279
is open water and what you

322
00:16:25,279 --> 00:16:27,839
see in the various other shades of blue

323
00:16:27,839 --> 00:16:29,360
are various

324
00:16:29,360 --> 00:16:33,360
um levels of predicted flooding

325
00:16:33,360 --> 00:16:37,519
so the 100 year flood which is the

326
00:16:37,519 --> 00:16:41,680
one percent exceedance probability

327
00:16:41,680 --> 00:16:44,800
um one percent chance a year for

328
00:16:44,800 --> 00:16:47,199
you know flooding event that's the light

329
00:16:47,199 --> 00:16:48,000
blue

330
00:16:48,000 --> 00:16:51,839
and now that comes up and covers

331
00:16:51,839 --> 00:16:55,360
you know kellum field quite a bit

332
00:16:55,360 --> 00:16:58,959
the darker blue is the 10

333
00:16:58,959 --> 00:17:01,519
annual exceedance probability which

334
00:17:01,519 --> 00:17:03,600
means in each year there's a

335
00:17:03,600 --> 00:17:07,039
10 chance of a flood

336
00:17:07,039 --> 00:17:10,559
event and you can see that that area now

337
00:17:10,559 --> 00:17:12,720
comes up over the driveway that i was

338
00:17:12,720 --> 00:17:14,079
referring to that leads to mr

339
00:17:14,079 --> 00:17:15,360
coldsmith's

340
00:17:15,360 --> 00:17:18,160
place and it comes up elm lane a little

341
00:17:18,160 --> 00:17:18,640
bit

342
00:17:18,640 --> 00:17:21,919
and it actually covers a bit of the site

343
00:17:21,919 --> 00:17:24,000
maybe all of it of what we're at least

344
00:17:24,000 --> 00:17:26,000
part of it of the property that we're

345
00:17:26,000 --> 00:17:28,160
talking about

346
00:17:28,160 --> 00:17:31,360
that's wetland that exists now those

347
00:17:31,360 --> 00:17:34,310
properties

348
00:17:34,320 --> 00:17:37,520
isn't connected tidally just yet in any

349
00:17:37,520 --> 00:17:39,520
physical way but with sea level rise in

350
00:17:39,520 --> 00:17:41,600
the rising water levels

351
00:17:41,600 --> 00:17:43,760
the this natural stream here begins to

352
00:17:43,760 --> 00:17:45,440
reassert itself and this all

353
00:17:45,440 --> 00:17:50,400
kind of comes back into action as a flood zone an area that's likely to

354
00:17:50,400 --> 00:17:53,120
flood now i want to highlight that this

355
00:17:53,120 --> 00:17:56,480
is based on maryland department

356
00:17:56,480 --> 00:17:58,720
of planning and maryland climate

357
00:17:58,720 --> 00:18:00,160
commission actually involved

358
00:18:00,160 --> 00:18:02,480
with that is managed by or staffed by

359
00:18:02,480 --> 00:18:04,640
the planning department at the state

360
00:18:04,640 --> 00:18:09,840
uh and dnr and mde uh it's a predicted

361
00:18:09,840 --> 00:18:12,960
flooding events of predicted um sea

362
00:18:12,960 --> 00:18:14,799
level rise that's based

363
00:18:14,799 --> 00:18:17,919
on other science but it's 2050 that's

364
00:18:17,919 --> 00:18:19,520
the projection

365
00:18:19,520 --> 00:18:22,320
this is not today this doesn't exist now

366
00:18:22,320 --> 00:18:22,960
uh

367
00:18:22,960 --> 00:18:27,520
at some point between now and 2050

368
00:18:27,520 --> 00:18:30,240
the various data analysis that's done

369
00:18:30,240 --> 00:18:31,360
would suggest that this

370
00:18:31,360 --> 00:18:34,480
is a real risk and so for for a

371
00:18:34,480 --> 00:18:36,880
comprehensive plan that really provides

372
00:18:36,880 --> 00:18:38,720
a good understanding of where we want to

373
00:18:38,720 --> 00:18:39,280
position

374
00:18:39,280 --> 00:18:42,400
land use where we want to avoid uh and

375
00:18:42,400 --> 00:18:43,360
also

376
00:18:43,360 --> 00:18:46,320
where we want to how we want to make use

377
00:18:46,320 --> 00:18:47,440
of this information

378
00:18:47,440 --> 00:18:50,000
to boards like yours to consider this

379
00:18:50,000 --> 00:18:53,840
information in your judgments now of course a house

380
00:18:53,840 --> 00:18:56,880
that exists here for 20 or 30 years before

381
00:18:56,880 --> 00:18:58,799
this situation happens

382
00:18:58,799 --> 00:19:01,039
may be perfectly fine but you know most

383
00:19:01,039 --> 00:19:02,960
houses last longer than that

384
00:19:02,960 --> 00:19:06,080
and we want to build sustainability into

385
00:19:06,080 --> 00:19:08,799
chesapeake beach so i wanted to go

386
00:19:08,799 --> 00:19:10,720
through that

387
00:19:10,720 --> 00:19:14,799
summary um uh for you now back to the

388
00:19:14,799 --> 00:19:19,029
staff report um

389
00:19:19,039 --> 00:19:20,799
the applicant and i uh or the

390
00:19:20,799 --> 00:19:22,559
applicant's engineer and i had a chance

391
00:19:22,559 --> 00:19:24,400
to talk before

392
00:19:24,400 --> 00:19:26,960
the final submittal was done and i

393
00:19:26,960 --> 00:19:28,320
encouraged

394
00:19:28,320 --> 00:19:31,760
him to move the proposed

395
00:19:31,760 --> 00:19:35,919
building site forward on the lot

396
00:19:35,919 --> 00:19:39,360
to get it closer to the front builder

397
00:19:39,360 --> 00:19:40,559
line or the front

398
00:19:40,559 --> 00:19:44,240
get it closer to the street as a way to

399
00:19:44,240 --> 00:19:46,960
minimize the amount of building

400
00:19:46,960 --> 00:19:48,720
and building activity that would take

401
00:19:48,720 --> 00:19:51,600
place in the wetland buffer

402
00:19:51,600 --> 00:19:54,960
the buffer is not the wetland the buffer

403
00:19:54,960 --> 00:19:56,160
is the 25

404
00:19:56,160 --> 00:20:00,640
foot area around the

405
00:20:00,640 --> 00:20:03,600
wetland it's there to signal that

406
00:20:03,600 --> 00:20:05,360
something environmentally sensitive

407
00:20:05,360 --> 00:20:08,080
exist and we should stay away from it

408
00:20:08,080 --> 00:20:08,640
and

409
00:20:08,640 --> 00:20:10,799
it also signals the fact that wetlands

410
00:20:10,799 --> 00:20:13,039
move and migrate and change just like

411
00:20:13,039 --> 00:20:13,360
the

412
00:20:13,360 --> 00:20:16,799
images i showed you suggest they might

413
00:20:16,799 --> 00:20:20,000
and the future is likely to see

414
00:20:20,000 --> 00:20:23,200
that wetlands evolve and change over

415
00:20:23,200 --> 00:20:24,400
time so that buffer

416
00:20:24,400 --> 00:20:28,000
gives us a little leeway and a safety

417
00:20:28,000 --> 00:20:32,830
margin of safety

418
00:20:32,840 --> 00:20:36,640
so the um the applicant is

419
00:20:36,640 --> 00:20:39,679
calvert properties partners llc

420
00:20:39,679 --> 00:20:46,070
the proposal is to locate the building

421
00:20:46,080 --> 00:20:49,120
seven and a half feet from the front

422
00:20:49,120 --> 00:20:51,120
property line

423
00:20:51,120 --> 00:20:54,950
rather than 15.

424
00:20:54,960 --> 00:20:59,440
and and by virtue of that

425
00:20:59,440 --> 00:21:03,919
the structure is moved out of the buffer

426
00:21:03,919 --> 00:21:07,440
i'm this line that i'm coursing through

427
00:21:07,440 --> 00:21:07,840
now

428
00:21:07,840 --> 00:21:11,039
is the buffer

429
00:21:11,039 --> 00:21:12,960
everything on this side is within the

430
00:21:12,960 --> 00:21:15,280
buffer everything on this side is

431
00:21:15,280 --> 00:21:16,400
outside

432
00:21:16,400 --> 00:21:19,520
here is the wetland itself

433
00:21:19,520 --> 00:21:22,159
the wetland the line of the wetland

434
00:21:22,159 --> 00:21:23,520
everything on this side of the

435
00:21:23,520 --> 00:21:30,320
line is wet wetland everything here is buffer okay um

436
00:21:30,320 --> 00:21:32,400
so the purpose of the ordinance is to

437
00:21:32,400 --> 00:21:34,000
move building activity

438
00:21:34,000 --> 00:21:37,679
out of the buffer um

439
00:21:37,679 --> 00:21:39,679
if the applicant was building within the

440
00:21:39,679 --> 00:21:41,360
wetland that would be an entirely

441
00:21:41,360 --> 00:21:43,280
different situation altogether

442
00:21:43,280 --> 00:21:45,600
and would require a number of other

443
00:21:45,600 --> 00:21:47,440
permitting agencies being involved in

444
00:21:47,440 --> 00:21:50,390
this discussion

445
00:21:50,400 --> 00:21:54,080
so in my

446
00:21:54,080 --> 00:21:57,120
staff report as i typically do i i just

447
00:21:57,120 --> 00:21:58,000
went through each

448
00:21:58,000 --> 00:22:01,360
of the various standards i

449
00:22:01,360 --> 00:22:04,400
called out various factors and facts

450
00:22:04,400 --> 00:22:06,799
in this particular case it's just a as a

451
00:22:06,799 --> 00:22:08,159
matter of correction

452
00:22:08,159 --> 00:22:10,159
the applicant's proposal actually

453
00:22:10,159 --> 00:22:11,360
suggests that there's going to be

454
00:22:11,360 --> 00:22:14,720
2 400 square feet of disturbance

455
00:22:14,720 --> 00:22:17,919
and um and i will just ask that

456
00:22:17,919 --> 00:22:19,679
the applicant discussed that to make

457
00:22:19,679 --> 00:22:22,480
sure that we're all

458
00:22:22,480 --> 00:22:24,080
locked in on what the proposed

459
00:22:24,080 --> 00:22:29,990
disturbance is but i think it's 2048.

460
00:22:30,000 --> 00:22:35,039
the one of the conclusions

461
00:22:35,039 --> 00:22:38,320
i'm putting forth for you in this memo

462
00:22:38,320 --> 00:22:42,159
is that you may

463
00:22:42,159 --> 00:22:46,080
wish to approve this and i don't see

464
00:22:46,080 --> 00:22:49,280
a lot of downside to approving it

465
00:22:49,280 --> 00:22:53,200
provided that there's some care is taken

466
00:22:53,200 --> 00:22:55,120
about how the building is built and

467
00:22:55,120 --> 00:22:56,320
constructed

468
00:22:56,320 --> 00:23:01,120
um in other words that this the

469
00:23:01,120 --> 00:23:02,960
long-range planning we're talking about

470
00:23:02,960 --> 00:23:04,720
in these environmental conditions

471
00:23:04,720 --> 00:23:06,799
are addressed and thought about when

472
00:23:06,799 --> 00:23:08,080
that building is constructed

473
00:23:08,080 --> 00:23:11,679
so i suggested here that a

474
00:23:11,679 --> 00:23:13,919
model that uses piles or some other

475
00:23:13,919 --> 00:23:15,600
technique to keep the building

476
00:23:15,600 --> 00:23:19,440
up out of wetland so and flood zone as i

477
00:23:19,440 --> 00:23:21,600
mentioned so these buildings can exist

478
00:23:21,600 --> 00:23:23,120
on this property

479
00:23:23,120 --> 00:23:25,840
for a long time and so the town doesn't

480
00:23:25,840 --> 00:23:26,880
have to

481
00:23:26,880 --> 00:23:29,919
uh work with the property owners

482
00:23:29,919 --> 00:23:32,080
decades from now to purchase their

483
00:23:32,080 --> 00:23:33,520
property in their house

484
00:23:33,520 --> 00:23:35,919
which is actually a proposal that the

485
00:23:35,919 --> 00:23:37,760
planning commission is considering

486
00:23:37,760 --> 00:23:41,039
uh now generally uh as a strategy

487
00:23:41,039 --> 00:23:44,640
for addressing other issues in town

488
00:23:44,640 --> 00:23:47,760
there this pattern of ex wetlands moving

489
00:23:47,760 --> 00:23:49,520
and floodplains rising

490
00:23:49,520 --> 00:23:52,880
uh has presented itself in other places

491
00:23:52,880 --> 00:23:55,570
in chesapeake beach and we are

492
00:23:55,570 --> 00:23:58,400
[Music]

493
00:23:58,400 --> 00:24:02,159
facing the future of having to deal with

494
00:24:02,159 --> 00:24:04,559
moving people out of harm's way or

495
00:24:04,559 --> 00:24:06,000
watching their properties

496
00:24:06,000 --> 00:24:09,919
uh continue to deteriorate so

497
00:24:09,919 --> 00:24:12,080
that's um that's a quick summary of this

498
00:24:12,080 --> 00:24:13,600
particular proposal

499
00:24:13,600 --> 00:24:15,679
it's uh roughly seven and a half feet of

500
00:24:15,679 --> 00:24:17,039
a variance

501
00:24:17,039 --> 00:24:20,159
um the from the front yard

502
00:24:20,159 --> 00:24:22,880
the front lot line the applicant still

503
00:24:22,880 --> 00:24:24,000
will have

504
00:24:24,000 --> 00:24:27,360
2 400 square feet of uh

505
00:24:27,360 --> 00:24:30,559
encroachment into the buffer uh so that

506
00:24:30,559 --> 00:24:31,200
reflects

507
00:24:31,200 --> 00:24:33,200
that would be a variance as well so

508
00:24:33,200 --> 00:24:34,960
there's two variants decisions

509
00:24:34,960 --> 00:24:41,510
to be made tonight thank you

510
00:24:41,520 --> 00:24:46,159
are there any questions from the board

511
00:24:46,159 --> 00:24:53,590
of mr jacobia presentation

512
00:24:53,600 --> 00:24:56,400
uh dr spencer this is david ferguson i

513
00:24:56,400 --> 00:24:58,840
have a question for chris

514
00:24:58,840 --> 00:25:03,840
um i am not familiar with elm lane

515
00:25:03,840 --> 00:25:06,960
uh i mean i know where it intersects uh

516
00:25:06,960 --> 00:25:10,000
260 but i've not driven down it

517
00:25:10,000 --> 00:25:13,120
so i'm not very familiar with it but in

518
00:25:13,120 --> 00:25:17,039
reading uh public comments we received from mr

519
00:25:17,039 --> 00:25:18,240
coldsmith

520
00:25:18,240 --> 00:25:21,679
i'm wondering about the width and the

521
00:25:21,679 --> 00:25:22,720
construction

522
00:25:22,720 --> 00:25:28,000
of the pavement of elm lane uh

523
00:25:28,000 --> 00:25:29,760
sounds like there's maybe some question

524
00:25:29,760 --> 00:25:31,120
of uh

525
00:25:31,120 --> 00:25:34,559
parking space and if and if we grant the

526
00:25:34,559 --> 00:25:36,720
variance to seven and a half feet in the

527
00:25:36,720 --> 00:25:37,520
front

528
00:25:37,520 --> 00:25:39,279
will there be room for off street

529
00:25:39,279 --> 00:25:40,720
parking

530
00:25:40,720 --> 00:25:43,360
and if there is no off street parking

531
00:25:43,360 --> 00:25:44,159
will that

532
00:25:44,159 --> 00:25:48,240
present a a problem for

533
00:25:48,240 --> 00:25:51,200
uh you know trash vehicles and other

534
00:25:51,200 --> 00:25:52,960
trucks that need to get up and down the

535
00:25:52,960 --> 00:25:54,080
street

536
00:25:54,080 --> 00:25:58,549
or emergency vehicles in that case

537
00:25:58,559 --> 00:26:02,080
okay good questions um

538
00:26:02,080 --> 00:26:06,149
here is elm lane

539
00:26:06,159 --> 00:26:10,080
uh this is a google earth image yes the

540
00:26:10,080 --> 00:26:11,679
date is 2020.

541
00:26:11,679 --> 00:26:14,880
the image date is october 18th

542
00:26:14,880 --> 00:26:18,080
2019 down there uh okay

543
00:26:18,080 --> 00:26:21,440
yeah um

544
00:26:21,440 --> 00:26:23,919
is is it a fall too lane is it a full

545
00:26:23,919 --> 00:26:24,640
two-lane

546
00:26:24,640 --> 00:26:27,919
street or it essentially is until you

547
00:26:27,919 --> 00:26:30,240
get down to

548
00:26:30,240 --> 00:26:32,240
where the first lot is that's the

549
00:26:32,240 --> 00:26:34,480
subject of our proposal is located

550
00:26:34,480 --> 00:26:37,200
at this point it feels like a one-lane

551
00:26:37,200 --> 00:26:39,360
street right it's fairly narrow as you

552
00:26:39,360 --> 00:26:40,400
can see

553
00:26:40,400 --> 00:26:44,080
um i'm certainly

554
00:26:44,080 --> 00:26:46,720
applicant will have more detailed

555
00:26:46,720 --> 00:26:48,320
measurements but if he just threw this

556
00:26:48,320 --> 00:26:49,919
on

557
00:26:49,919 --> 00:26:53,520
we got 14 feet maybe between 12 and 14

558
00:26:53,520 --> 00:26:54,400
feet

559
00:26:54,400 --> 00:26:57,200
roughly um up here we have a little more

560
00:26:57,200 --> 00:26:58,320
space

561
00:26:58,320 --> 00:27:02,070
let's measure that

562
00:27:02,080 --> 00:27:03,520
15 feet i actually think it's bigger

563
00:27:03,520 --> 00:27:06,320
than that um

564
00:27:06,320 --> 00:27:08,400
well you know this is this is what it is

565
00:27:08,400 --> 00:27:12,400
i'm just doing it okay um but this is that

566
00:27:12,400 --> 00:27:15,200
parking area that you're referring to

567
00:27:15,200 --> 00:27:18,240
these cars that are parked here i

568
00:27:18,240 --> 00:27:19,919
believe belong to someone in the

569
00:27:19,919 --> 00:27:21,919
neighborhood

570
00:27:21,919 --> 00:27:24,080
but these are not this is not the

571
00:27:24,080 --> 00:27:26,399
intention as we understand it this is

572
00:27:26,399 --> 00:27:28,799
this wasn't designed for a parking pad

573
00:27:28,799 --> 00:27:29,440
for

574
00:27:29,440 --> 00:27:32,320
neighbors uh this was designed for a

575
00:27:32,320 --> 00:27:33,679
turnaround

576
00:27:33,679 --> 00:27:35,279
so if you're traveling down you realize

577
00:27:35,279 --> 00:27:37,279
you're in a dead-end street

578
00:27:37,279 --> 00:27:39,600
and you can't go beyond it you feel that

579
00:27:39,600 --> 00:27:41,360
the road is getting narrower

580
00:27:41,360 --> 00:27:43,919
uh you you think well it's time for me

581
00:27:43,919 --> 00:27:45,600
to turn around you can pull into a

582
00:27:45,600 --> 00:27:46,799
three-point turn and

583
00:27:46,799 --> 00:27:50,230
head back up

584
00:27:50,240 --> 00:27:53,200
i don't know and i've checked with the

585
00:27:53,200 --> 00:27:54,960
public works chief

586
00:27:54,960 --> 00:27:57,919
on this he doesn't know either exactly

587
00:27:57,919 --> 00:27:58,480
when this

588
00:27:58,480 --> 00:28:01,600
was constructed

589
00:28:01,600 --> 00:28:04,159
but it is within the municipal

590
00:28:04,159 --> 00:28:05,200
right-of-way

591
00:28:05,200 --> 00:28:10,960
as far as we can tell meaning that the road is much wider now the physical

592
00:28:10,960 --> 00:28:12,720
land where the road is located is much

593
00:28:12,720 --> 00:28:13,200
wider

594
00:28:13,200 --> 00:28:15,840
than the pavement but so this exists

595
00:28:15,840 --> 00:28:16,559
today

596
00:28:16,559 --> 00:28:19,200
the i see on the plan that the applicant

597
00:28:19,200 --> 00:28:19,679
has

598
00:28:19,679 --> 00:28:22,640
that this goes away this is essentially

599
00:28:22,640 --> 00:28:24,559
is the front yard

600
00:28:24,559 --> 00:28:27,600
of the proposed residence

601
00:28:27,600 --> 00:28:31,600
um so that's a a matter we need to

602
00:28:31,600 --> 00:28:34,880
discuss uh tonight um but that's

603
00:28:34,880 --> 00:28:38,799
you know that's okay well that that's

604
00:28:38,799 --> 00:28:43,200
even more complicated than i realized i was just concerned

605
00:28:43,200 --> 00:28:46,080
about you know granting the seven and a

606
00:28:46,080 --> 00:28:48,240
half foot variants and having the

607
00:28:48,240 --> 00:28:50,880
front of the structure seven and a half

608
00:28:50,880 --> 00:28:51,279
feet

609
00:28:51,279 --> 00:28:54,000
from the street and the street being too

610
00:28:54,000 --> 00:28:56,159
narrow to park on

611
00:28:56,159 --> 00:29:00,320
where is there going to be parking for

612
00:29:00,320 --> 00:29:03,360
the resident okay so

613
00:29:03,360 --> 00:29:05,440
i'll i'll refer you to the site plan for

614
00:29:05,440 --> 00:29:07,840
that but before i do that

615
00:29:07,840 --> 00:29:10,720
remember even if the house is built on

616
00:29:10,720 --> 00:29:12,320
the front property line

617
00:29:12,320 --> 00:29:14,240
there is still quite a bit of space

618
00:29:14,240 --> 00:29:16,240
between that front property line

619
00:29:16,240 --> 00:29:19,760
and the existing street this through

620
00:29:19,760 --> 00:29:21,440
the street is narrow but the

621
00:29:21,440 --> 00:29:24,240
right-of-way is relatively wide

622
00:29:24,240 --> 00:29:26,399
so it'll feel like a grass strip

623
00:29:26,399 --> 00:29:28,159
essentially between

624
00:29:28,159 --> 00:29:31,520
the front door and the street

625
00:29:31,520 --> 00:29:34,710
and it won't be

626
00:29:34,720 --> 00:29:37,919
as extreme as your as you can imagine so

627
00:29:37,919 --> 00:29:38,640
let me just

628
00:29:38,640 --> 00:29:40,370
flip to the plan

629
00:29:40,370 --> 00:29:50,389
[Music]

630
00:29:50,399 --> 00:29:53,919
so here's the house here's the property

631
00:29:53,919 --> 00:29:58,310
line this dark line

632
00:29:58,320 --> 00:30:02,720
um this says remove paved

633
00:30:02,720 --> 00:30:05,120
and i will get confirmation tonight i

634
00:30:05,120 --> 00:30:08,799
believe that means remove the pavement we just saw from the

635
00:30:08,799 --> 00:30:10,720
overhead photograph

636
00:30:10,720 --> 00:30:14,159
right but again the street is

637
00:30:14,159 --> 00:30:16,320
i believe this is this see this cl

638
00:30:16,320 --> 00:30:18,320
that's the center line of the street

639
00:30:18,320 --> 00:30:20,399
and we know that street is very narrow

640
00:30:20,399 --> 00:30:22,000
and the edge of that street is roughly

641
00:30:22,000 --> 00:30:29,440
right here okay so you can see the distance is still fairly big

642
00:30:29,440 --> 00:30:32,080
between the house and the actual street

643
00:30:32,080 --> 00:30:33,520
even though it's

644
00:30:33,520 --> 00:30:35,760
close to the front property line which

645
00:30:35,760 --> 00:30:38,000
means that the town owns this

646
00:30:38,000 --> 00:30:40,720
as far as parking this is the this is

647
00:30:40,720 --> 00:30:44,630
the driveway that's being proposed

648
00:30:44,640 --> 00:30:50,880
um the apron you know you come in and park

649
00:30:50,880 --> 00:30:51,919
right right

650
00:30:51,919 --> 00:30:54,159
and i would imagine there's enough depth

651
00:30:54,159 --> 00:30:56,480
there for two cars to be parked

652
00:30:56,480 --> 00:31:00,159
um on that now of course a share of that

653
00:31:00,159 --> 00:31:01,919
is within the town's right-of-way but

654
00:31:01,919 --> 00:31:03,200
that's not unusual

655
00:31:03,200 --> 00:31:05,440
you have to access your property and and

656
00:31:05,440 --> 00:31:07,679
there's typically an apron that's

657
00:31:07,679 --> 00:31:09,519
built within the municipal right-of-way

658
00:31:09,519 --> 00:31:10,720
to access

659
00:31:10,720 --> 00:31:16,830
a place to put your car

660
00:31:16,840 --> 00:31:19,279
okay

661
00:31:19,279 --> 00:31:22,480
thank you chris this is jan breckkay hi

662
00:31:22,480 --> 00:31:23,840
jan

663
00:31:23,840 --> 00:31:30,480
hi there um i'm curious the pavement that's to come up that's i

664
00:31:30,480 --> 00:31:33,200
assume that's the

665
00:31:33,200 --> 00:31:36,320
parking pad so to speak that is south of

666
00:31:36,320 --> 00:31:38,630
the

667
00:31:38,640 --> 00:31:43,509
uh fire plug is that right

668
00:31:43,519 --> 00:31:49,190
it's and that the the turk

669
00:31:49,200 --> 00:31:51,600
it's this i don't know where the fire

670
00:31:51,600 --> 00:31:53,360
exactly so

671
00:31:53,360 --> 00:31:55,519
and that pavement currently belongs to

672
00:31:55,519 --> 00:31:57,519
the town and it'll be the town's

673
00:31:57,519 --> 00:32:00,940
responsibility to remove the pavement

674
00:32:00,940 --> 00:32:02,320
[Music]

675
00:32:02,320 --> 00:32:05,440
no um i don't think the town would take

676
00:32:05,440 --> 00:32:07,200
on responsibility for that the town

677
00:32:07,200 --> 00:32:09,039
would have to approve it

678
00:32:09,039 --> 00:32:12,399
um and whoever did the work would have

679
00:32:12,399 --> 00:32:14,240
to do it according to

680
00:32:14,240 --> 00:32:17,919
town specifications okay

681
00:32:17,919 --> 00:32:20,480
but the town i doubt the town would want

682
00:32:20,480 --> 00:32:22,480
to engage itself in doing something like

683
00:32:22,480 --> 00:32:26,830
that

684
00:32:26,840 --> 00:32:28,320
directly

685
00:32:28,320 --> 00:32:31,279
so the the turnaround that's currently

686
00:32:31,279 --> 00:32:32,159
being used

687
00:32:32,159 --> 00:32:35,840
as a parking place

688
00:32:35,840 --> 00:32:37,399
that would the town have any

689
00:32:37,399 --> 00:32:39,279
responsibility to

690
00:32:39,279 --> 00:32:43,760
enhance sign it um

691
00:32:43,760 --> 00:32:46,880
repave it anything like that i mean did

692
00:32:46,880 --> 00:32:49,600
the town put it in i assume

693
00:32:49,600 --> 00:32:53,039
well it i i'm assuming the town put it

694
00:32:53,039 --> 00:32:53,600
in

695
00:32:53,600 --> 00:32:55,279
but i couldn't certainly say that the

696
00:32:55,279 --> 00:32:57,840
town would have authorized it or been

697
00:32:57,840 --> 00:32:59,679
involved in its installation if it

698
00:32:59,679 --> 00:33:01,840
didn't actually do it the work itself

699
00:33:01,840 --> 00:33:05,600
um there are there's a law about

700
00:33:05,600 --> 00:33:08,080
um doing improvements within the town's

701
00:33:08,080 --> 00:33:09,200
right-of-way

702
00:33:09,200 --> 00:33:11,440
and it's typically an item that gets

703
00:33:11,440 --> 00:33:13,039
reviewed and approved by the town

704
00:33:13,039 --> 00:33:14,080
engineer

705
00:33:14,080 --> 00:33:16,080
and sometimes these things could go to

706
00:33:16,080 --> 00:33:18,080
the mayor and town council

707
00:33:18,080 --> 00:33:21,200
for specific approval but

708
00:33:21,200 --> 00:33:24,159
this thing has predated me and predated

709
00:33:24,159 --> 00:33:24,720
the

710
00:33:24,720 --> 00:33:27,679
public works chief and we've uh and he

711
00:33:27,679 --> 00:33:28,159
actually

712
00:33:28,159 --> 00:33:29,679
went back to see if he could find a

713
00:33:29,679 --> 00:33:31,600
record of that um

714
00:33:31,600 --> 00:33:34,720
and he wasn't able to and i i don't

715
00:33:34,720 --> 00:33:36,840
have any more information about it than

716
00:33:36,840 --> 00:33:42,470
that

717
00:33:42,480 --> 00:33:48,159
okay okay um let's let's hear from the applicant on the

718
00:33:48,159 --> 00:33:49,120
matter

719
00:33:49,120 --> 00:33:59,830
if you're here

720
00:33:59,840 --> 00:34:02,000
good afternoon good evening folks my

721
00:34:02,000 --> 00:34:04,000
name is bill watson

722
00:34:04,000 --> 00:34:06,480
and i'm speaking as the person who

723
00:34:06,480 --> 00:34:08,720
designed this psyc plan

724
00:34:08,720 --> 00:34:12,079
and on behalf of my uh client and

725
00:34:12,079 --> 00:34:14,240
applicant

726
00:34:14,240 --> 00:34:16,560
for the record again my name is bill

727
00:34:16,560 --> 00:34:18,480
watson that you can call me that but

728
00:34:18,480 --> 00:34:21,520
my formal name is william r watson i

729
00:34:21,520 --> 00:34:23,760
reside at 11215

730
00:34:23,760 --> 00:34:28,720
oakwood drive dunkirk maryland 20754

731
00:34:28,720 --> 00:34:33,030
my cell phone is

732
00:34:33,040 --> 00:34:36,240
six 443-532-0866 i have

733
00:34:36,240 --> 00:34:38,240
uh am a registered professional land

734
00:34:38,240 --> 00:34:39,919
surveyor

735
00:34:39,919 --> 00:34:42,480
have been in this business since the

736
00:34:42,480 --> 00:34:44,960
summer of 1970

737
00:34:44,960 --> 00:34:47,919
longer than some people have been alive

738
00:34:47,919 --> 00:34:50,079
and i still enjoy doing this type of

739
00:34:50,079 --> 00:34:51,440
work

740
00:34:51,440 --> 00:34:54,960
um this lot

741
00:34:54,960 --> 00:34:57,760
is known as lot 31r block a of the

742
00:34:57,760 --> 00:35:00,800
wickersham subdivision

743
00:35:00,800 --> 00:35:05,760
that subdivision was recorded in 1911

744
00:35:05,760 --> 00:35:09,440
not 20 but 1911 and the show on the

745
00:35:09,440 --> 00:35:12,880
platinum is workers from subdivision

746
00:35:12,880 --> 00:35:17,760
in 1994 a replanting was done

747
00:35:17,760 --> 00:35:21,119
by the then owner homes america

748
00:35:21,119 --> 00:35:24,720
to combine several individual lots

749
00:35:24,720 --> 00:35:26,720
into one building or actually two

750
00:35:26,720 --> 00:35:28,320
building sites

751
00:35:28,320 --> 00:35:30,720
and in the process of doing that

752
00:35:30,720 --> 00:35:32,480
combination

753
00:35:32,480 --> 00:35:36,800
the rear alley that alley to the east

754
00:35:36,800 --> 00:35:39,760
had been abandoned in part or the part

755
00:35:39,760 --> 00:35:41,359
that was abandoned that was adjacent to

756
00:35:41,359 --> 00:35:44,000
their lot was added into the lots

757
00:35:44,000 --> 00:35:46,480
and also part of friedley avenue which

758
00:35:46,480 --> 00:35:47,200
is the

759
00:35:47,200 --> 00:35:50,320
unopened street to the south

760
00:35:50,320 --> 00:35:52,400
of the second lot which we haven't

761
00:35:52,400 --> 00:35:54,560
gotten to yet

762
00:35:54,560 --> 00:35:57,680
was added into that second lot so the

763
00:35:57,680 --> 00:35:58,800
lots

764
00:35:58,800 --> 00:36:02,160
were enhanced somewhat

765
00:36:02,160 --> 00:36:04,400
the zoning as in the staff report is

766
00:36:04,400 --> 00:36:07,119
residential village with a 15-foot front

767
00:36:07,119 --> 00:36:09,440
8 foot side and 20-foot rear yard

768
00:36:09,440 --> 00:36:11,440
setback

769
00:36:11,440 --> 00:36:13,680
critical area landing's classification

770
00:36:13,680 --> 00:36:14,480
is iba

771
00:36:14,480 --> 00:36:17,680
or intensely developed area

772
00:36:17,680 --> 00:36:20,160
and again as i say i'm i'm answering the

773
00:36:20,160 --> 00:36:21,280
two clients here

774
00:36:21,280 --> 00:36:23,200
i'm working directly for barrick

775
00:36:23,200 --> 00:36:25,040
associates where i'm a sub-consultant to

776
00:36:25,040 --> 00:36:26,240
death

777
00:36:26,240 --> 00:36:29,920
and toby olecki is on the line

778
00:36:29,920 --> 00:36:33,359
listening in and will be taking over

779
00:36:33,359 --> 00:36:34,560
after me

780
00:36:34,560 --> 00:36:38,870
to fill in some spots that i may

781
00:36:38,880 --> 00:36:42,560
not cover direct associates did a lot

782
00:36:42,560 --> 00:36:43,839
stakeout

783
00:36:43,839 --> 00:36:46,960
had the wetlands uh delineated

784
00:36:46,960 --> 00:36:50,000
and then located those wetlands and

785
00:36:50,000 --> 00:36:50,960
provided the

786
00:36:50,960 --> 00:36:53,359
topographic survey all to me to do the

787
00:36:53,359 --> 00:36:55,119
site design

788
00:36:55,119 --> 00:36:57,200
the wetland delineation was done by

789
00:36:57,200 --> 00:36:58,720
kenneth walls

790
00:36:58,720 --> 00:37:02,160
of bay environment inc and that was back

791
00:37:02,160 --> 00:37:06,829
in january of this year

792
00:37:06,839 --> 00:37:10,720
that delineation was confirmed

793
00:37:10,720 --> 00:37:13,520
by a lady by the name of mikko camp from

794
00:37:13,520 --> 00:37:14,560
the maryland department of the

795
00:37:14,560 --> 00:37:18,960
environment on january 16th to 2020.

796
00:37:18,960 --> 00:37:22,640
her approval states quote wetlands

797
00:37:22,640 --> 00:37:24,640
at the subject site will be classified

798
00:37:24,640 --> 00:37:25,680
as emergent

799
00:37:25,680 --> 00:37:28,720
non-violent wetlands and any

800
00:37:28,720 --> 00:37:31,520
permanent impacts to wetlands will

801
00:37:31,520 --> 00:37:32,160
require

802
00:37:32,160 --> 00:37:36,720
mitigation and i address that mitigation

803
00:37:36,720 --> 00:37:39,440
uh and permanent impacts in a couple of

804
00:37:39,440 --> 00:37:40,320
places

805
00:37:40,320 --> 00:37:43,760
in my presentation it should be noted

806
00:37:43,760 --> 00:37:44,960
that the vegetation

807
00:37:44,960 --> 00:37:47,200
in this wetland area on the site is

808
00:37:47,200 --> 00:37:49,200
predominantly fragmites

809
00:37:49,200 --> 00:37:51,440
which is well known to everybody as an

810
00:37:51,440 --> 00:37:54,079
invasive species

811
00:37:54,079 --> 00:37:56,560
the town is located northward of the

812
00:37:56,560 --> 00:37:57,200
town

813
00:37:57,200 --> 00:37:59,200
where the site is located northward of

814
00:37:59,200 --> 00:38:00,640
the town dress coils

815
00:38:00,640 --> 00:38:03,040
site which by virtue of the burns

816
00:38:03,040 --> 00:38:04,000
surrounding the site

817
00:38:04,000 --> 00:38:06,160
will cause the runoff from this lot to

818
00:38:06,160 --> 00:38:08,320
take a longer route to fishing creek and

819
00:38:08,320 --> 00:38:09,760
ultimately today

820
00:38:09,760 --> 00:38:11,920
thereby giving the existing vegetation

821
00:38:11,920 --> 00:38:13,440
more opportunity

822
00:38:13,440 --> 00:38:16,880
to filter the runoff a critical area

823
00:38:16,880 --> 00:38:18,079
responded

824
00:38:18,079 --> 00:38:20,960
on august 14 to a request to give their

825
00:38:20,960 --> 00:38:23,200
input on this application

826
00:38:23,200 --> 00:38:24,960
and stated that they do not have any

827
00:38:24,960 --> 00:38:27,040
jurisdiction over the town's local

828
00:38:27,040 --> 00:38:28,640
zoning setbacks

829
00:38:28,640 --> 00:38:30,240
nor does the critical area commission

830
00:38:30,240 --> 00:38:32,240
have jurisdiction over impacts

831
00:38:32,240 --> 00:38:36,160
for non-title wetland buffers so

832
00:38:36,160 --> 00:38:38,640
given that with background as mr

833
00:38:38,640 --> 00:38:40,400
chikubiak stated

834
00:38:40,400 --> 00:38:42,640
we have a need for two variances the

835
00:38:42,640 --> 00:38:45,440
first is the front yard setback

836
00:38:45,440 --> 00:38:48,160
to be reduced from 15 feet to 7 and a

837
00:38:48,160 --> 00:38:50,000
half feet

838
00:38:50,000 --> 00:38:52,640
and the second is to allow disturbance

839
00:38:52,640 --> 00:38:53,440
within the

840
00:38:53,440 --> 00:38:58,550
25 foot wetland buffer

841
00:38:58,560 --> 00:39:00,480
now i'm going to try something i hope

842
00:39:00,480 --> 00:39:03,440
works i'm going to try to

843
00:39:03,440 --> 00:39:06,480
bring my drawing

844
00:39:06,480 --> 00:39:10,069
of the site up

845
00:39:10,079 --> 00:39:12,560
if you bear with me for a moment because

846
00:39:12,560 --> 00:39:14,079
i'm going to be zooming around and

847
00:39:14,079 --> 00:39:15,760
hopefully it'll be

848
00:39:15,760 --> 00:39:29,520
a little bit easier for everybody

849
00:39:29,520 --> 00:39:32,560
has a series of lines popped up on

850
00:39:32,560 --> 00:39:35,520
anybody's screen yet

851
00:39:35,520 --> 00:39:42,320
different colors okay thank you yes good this

852
00:39:42,320 --> 00:39:46,480
is a background

853
00:39:46,480 --> 00:39:49,599
component of this site that i

854
00:39:49,599 --> 00:39:53,200
use to calculate all the various impacts

855
00:39:53,200 --> 00:39:55,680
um there's just so much going on that i

856
00:39:55,680 --> 00:39:56,720
put this

857
00:39:56,720 --> 00:39:58,960
off to the side so to speak and did not

858
00:39:58,960 --> 00:40:00,320
show it on the drawing

859
00:40:00,320 --> 00:40:02,720
a lot of them in a table fashion regular

860
00:40:02,720 --> 00:40:04,400
fashion

861
00:40:04,400 --> 00:40:07,200
the purple line that i'm following with

862
00:40:07,200 --> 00:40:08,880
my cursor

863
00:40:08,880 --> 00:40:11,359
and i realized when chris was doing this

864
00:40:11,359 --> 00:40:12,480
part

865
00:40:12,480 --> 00:40:15,200
the screen was a bit slow hopefully

866
00:40:15,200 --> 00:40:17,359
you're seeing my cursor

867
00:40:17,359 --> 00:40:20,560
follow around yes we do and

868
00:40:20,560 --> 00:40:23,920
now on a white line crossing the short

869
00:40:23,920 --> 00:40:25,839
section of a blue line to a green and

870
00:40:25,839 --> 00:40:27,440
back to purple

871
00:40:27,440 --> 00:40:31,200
that is the 25 foot wetland buffer

872
00:40:31,200 --> 00:40:35,040
and you see a little starburst

873
00:40:35,040 --> 00:40:36,880
type pattern that would look like some

874
00:40:36,880 --> 00:40:38,800
plants

875
00:40:38,800 --> 00:40:42,599
within that which is in and of itself

876
00:40:42,599 --> 00:40:45,599
3422 square feet

877
00:40:45,599 --> 00:40:50,829
that is the our excuses let me correct

878
00:40:50,839 --> 00:40:57,829
that

879
00:40:57,839 --> 00:41:01,200
so the wetland buffer is 3391 square

880
00:41:01,200 --> 00:41:01,680
feet

881
00:41:01,680 --> 00:41:06,240
up here at the top within that is a

882
00:41:06,240 --> 00:41:07,920
piece of the driveway

883
00:41:07,920 --> 00:41:11,910
shown in blue

884
00:41:11,920 --> 00:41:16,720
and maybe a half of the house

885
00:41:16,720 --> 00:41:21,119
shown in white

886
00:41:21,119 --> 00:41:24,400
the driveway has 362 square feet

887
00:41:24,400 --> 00:41:28,800
in the buffer the house

888
00:41:28,800 --> 00:41:32,160
has 387 square feet

889
00:41:32,160 --> 00:41:36,560
in the buffer those are the permanent

890
00:41:36,560 --> 00:41:39,119
impacts to the buffer assuming that this

891
00:41:39,119 --> 00:41:42,240
site gets built according to this plan

892
00:41:42,240 --> 00:41:45,670
through euros approval

893
00:41:45,680 --> 00:41:49,040
the green line represents

894
00:41:49,040 --> 00:41:53,440
the outline of a silk fence

895
00:41:53,440 --> 00:41:57,119
which is used to prevent settlement

896
00:41:57,119 --> 00:41:58,800
from going too far away from a

897
00:41:58,800 --> 00:42:01,040
construction site or construction area

898
00:42:01,040 --> 00:42:02,079
during

899
00:42:02,079 --> 00:42:05,359
a rainstorm in some places

900
00:42:05,359 --> 00:42:09,040
as chris noted in his stamp report

901
00:42:09,040 --> 00:42:13,520
such as in this area the silk fence

902
00:42:13,520 --> 00:42:15,200
actually if i were to show the

903
00:42:15,200 --> 00:42:17,520
computation i did it earlier

904
00:42:17,520 --> 00:42:19,920
there's about 1.66 feet right at this

905
00:42:19,920 --> 00:42:21,520
location where i'm kind of sliding my

906
00:42:21,520 --> 00:42:23,200
cursor back and forth

907
00:42:23,200 --> 00:42:27,829
and a little bit larger down here

908
00:42:27,839 --> 00:42:29,839
the purpose of having the soap fence

909
00:42:29,839 --> 00:42:31,680
where i've got it

910
00:42:31,680 --> 00:42:35,520
is to in this location

911
00:42:35,520 --> 00:42:38,000
keep it from getting into the wetland

912
00:42:38,000 --> 00:42:40,560
which is this large area

913
00:42:40,560 --> 00:42:43,200
to the north and east or to the right

914
00:42:43,200 --> 00:42:44,079
and top of the

915
00:42:44,079 --> 00:42:47,119
slot while

916
00:42:47,119 --> 00:42:49,440
giving as much room as possible to do

917
00:42:49,440 --> 00:42:50,640
the grading

918
00:42:50,640 --> 00:42:54,000
to shape the lot and make drainage work

919
00:42:54,000 --> 00:42:58,640
on the lot similarly with the house

920
00:42:58,640 --> 00:43:01,280
which this is the part that's within the

921
00:43:01,280 --> 00:43:02,640
um

922
00:43:02,640 --> 00:43:06,640
25 foot buffer we're seeing the house

923
00:43:06,640 --> 00:43:09,440
floor elevation at elevation nine

924
00:43:09,440 --> 00:43:11,520
the ground elevation in this area i

925
00:43:11,520 --> 00:43:13,200
believe was something around

926
00:43:13,200 --> 00:43:16,340
three or four um

927
00:43:16,340 --> 00:43:17,520
[Music]

928
00:43:17,520 --> 00:43:21,760
so it's actually 6.4 on the site plan

929
00:43:21,760 --> 00:43:24,880
down in this area here so we've got the

930
00:43:24,880 --> 00:43:26,960
house

931
00:43:26,960 --> 00:43:30,400
ground level floor set um at 10

932
00:43:30,400 --> 00:43:33,359
excuse me rather than nine uh just short

933
00:43:33,359 --> 00:43:35,440
of four feet above the ground

934
00:43:35,440 --> 00:43:38,560
in this area so there's some shaping to

935
00:43:38,560 --> 00:43:39,200
be done

936
00:43:39,200 --> 00:43:42,319
although with a proposed crawl space

937
00:43:42,319 --> 00:43:44,400
there's not a lot of shaping of the

938
00:43:44,400 --> 00:43:45,599
earth to be done

939
00:43:45,599 --> 00:43:47,200
other than just to be sure that the

940
00:43:47,200 --> 00:43:49,040
rainfall that hits the ground

941
00:43:49,040 --> 00:43:52,400
runs away from the house and doesn't

942
00:43:52,400 --> 00:43:56,309
wash out alongside the house

943
00:43:56,319 --> 00:43:59,440
the downhill side of the house is where

944
00:43:59,440 --> 00:44:02,480
i've got the person now

945
00:44:02,480 --> 00:44:05,040
that probably will be where a large

946
00:44:05,040 --> 00:44:07,280
amount a larger amount of grading will

947
00:44:07,280 --> 00:44:08,400
occur

948
00:44:08,400 --> 00:44:11,680
just to accommodate putting in the block

949
00:44:11,680 --> 00:44:14,800
foundation getting the footings down to

950
00:44:14,800 --> 00:44:16,640
an elevation where they can be placed on

951
00:44:16,640 --> 00:44:19,750
solid ground

952
00:44:19,760 --> 00:44:21,599
probably there will be some small amount

953
00:44:21,599 --> 00:44:23,760
of stockpiling in this area

954
00:44:23,760 --> 00:44:26,079
other of it could be stockpiled inside

955
00:44:26,079 --> 00:44:28,000
the foundation area

956
00:44:28,000 --> 00:44:30,000
or possibly even over in the

957
00:44:30,000 --> 00:44:36,160
southwestern or bottom left corner

958
00:44:36,160 --> 00:44:39,430
the

959
00:44:39,440 --> 00:44:42,640
impact of this hearing

960
00:44:42,640 --> 00:44:45,839
really boils down simply to if the

961
00:44:45,839 --> 00:44:48,880
buffer impact is denied this lot becomes

962
00:44:48,880 --> 00:44:51,280
unbearable which i don't think anybody

963
00:44:51,280 --> 00:44:53,200
wants to see happen

964
00:44:53,200 --> 00:44:56,319
so we need to find a solution

965
00:44:56,319 --> 00:44:58,880
that minimizes the impact to the

966
00:44:58,880 --> 00:45:02,390
greatest extent

967
00:45:02,400 --> 00:45:04,400
in the staff report mr jacobiak

968
00:45:04,400 --> 00:45:06,960
suggested having the house

969
00:45:06,960 --> 00:45:10,160
on either piles

970
00:45:10,160 --> 00:45:15,109
or at least greatly elevated

971
00:45:15,119 --> 00:45:18,640
tony had tony alexa fulton has talked

972
00:45:18,640 --> 00:45:20,560
with the applicant

973
00:45:20,560 --> 00:45:24,319
and they are not opposed to that um

974
00:45:24,319 --> 00:45:27,280
obviously brings more cost in but they

975
00:45:27,280 --> 00:45:29,119
see the benefit of getting the house

976
00:45:29,119 --> 00:45:31,599
a little bit more up into the air and

977
00:45:31,599 --> 00:45:32,640
having less

978
00:45:32,640 --> 00:45:36,319
potential for uh damage to occur

979
00:45:36,319 --> 00:45:38,960
and the result of a flood and this area

980
00:45:38,960 --> 00:45:39,680
will flood

981
00:45:39,680 --> 00:45:42,960
it did it during isabel and possibly

982
00:45:42,960 --> 00:45:44,240
other hurricanes

983
00:45:44,240 --> 00:45:47,040
but that was an unusual situation with a

984
00:45:47,040 --> 00:45:48,240
wind-driven

985
00:45:48,240 --> 00:45:51,920
hurricane with high water or high rain

986
00:45:51,920 --> 00:45:55,839
blowing the bay up into the inland areas

987
00:45:55,839 --> 00:45:57,680
those of you that were in the town at

988
00:45:57,680 --> 00:45:59,359
the time may remember

989
00:45:59,359 --> 00:46:01,280
how badly the senate's restaurant was

990
00:46:01,280 --> 00:46:04,309
underwater

991
00:46:04,319 --> 00:46:09,040
so those things are unusual

992
00:46:09,040 --> 00:46:12,079
it's not indicative of the flood hazard

993
00:46:12,079 --> 00:46:13,359
maps

994
00:46:13,359 --> 00:46:16,560
which presently show no flood

995
00:46:16,560 --> 00:46:19,760
area on these lots it's shown as an x

996
00:46:19,760 --> 00:46:24,950
which means not impacted by floods

997
00:46:24,960 --> 00:46:30,160
so if we put the house on piling

998
00:46:30,160 --> 00:46:33,599
i think that helps to

999
00:46:33,599 --> 00:46:36,000
minimize the grading although i haven't

1000
00:46:36,000 --> 00:46:37,599
had the opportunity

1001
00:46:37,599 --> 00:46:41,359
to study that on this plan it

1002
00:46:41,359 --> 00:46:43,920
allows for the possibility depending on

1003
00:46:43,920 --> 00:46:46,000
how high we put it up in the air

1004
00:46:46,000 --> 00:46:49,119
of having the parking under the building

1005
00:46:49,119 --> 00:46:50,880
but that is stuff that needs to be

1006
00:46:50,880 --> 00:46:52,480
flushed out at the time of the building

1007
00:46:52,480 --> 00:46:58,630
permit application

1008
00:46:58,640 --> 00:47:02,480
the criteria

1009
00:47:02,480 --> 00:47:09,599
that the zoning ordinance sets out five key questions that need to

1010
00:47:09,599 --> 00:47:11,680
be answered

1011
00:47:11,680 --> 00:47:13,839
you know in an affirmative that the

1012
00:47:13,839 --> 00:47:16,960
board needs to agree with

1013
00:47:16,960 --> 00:47:20,319
and the first is that

1014
00:47:20,319 --> 00:47:22,960
um granting these variances is in

1015
00:47:22,960 --> 00:47:24,480
harmony with the general purpose and

1016
00:47:24,480 --> 00:47:26,800
intent of the comprehensive plan

1017
00:47:26,800 --> 00:47:28,240
zoning ordinance and all department

1018
00:47:28,240 --> 00:47:29,920
regulations

1019
00:47:29,920 --> 00:47:34,480
i believe it is and for a couple of you

1020
00:47:34,480 --> 00:47:37,440
ms spencer chairman chairman spencer and

1021
00:47:37,440 --> 00:47:38,640
mrs repke

1022
00:47:38,640 --> 00:47:40,960
you know that i used to be a predecessor

1023
00:47:40,960 --> 00:47:43,040
to chris in this very role as sony

1024
00:47:43,040 --> 00:47:45,440
administrator

1025
00:47:45,440 --> 00:47:48,720
the second criteria assessed is that

1026
00:47:48,720 --> 00:47:49,599
it's a

1027
00:47:49,599 --> 00:47:52,559
use as a single family resident that is

1028
00:47:52,559 --> 00:47:53,200
permitted

1029
00:47:53,200 --> 00:47:55,599
in the residential village district

1030
00:47:55,599 --> 00:47:56,240
nothing

1031
00:47:56,240 --> 00:47:58,559
being inappropriately nothing is being

1032
00:47:58,559 --> 00:48:01,910
inappropriately permitted

1033
00:48:01,920 --> 00:48:03,119
there are a couple of special

1034
00:48:03,119 --> 00:48:05,119
circumstances which apply to the land

1035
00:48:05,119 --> 00:48:06,720
which are peculiar

1036
00:48:06,720 --> 00:48:08,800
in this lot and don't generally apply to

1037
00:48:08,800 --> 00:48:12,000
most other lots within the subdivision

1038
00:48:12,000 --> 00:48:15,119
these are first the lot is only 9 135

1039
00:48:15,119 --> 00:48:16,480
square feet

1040
00:48:16,480 --> 00:48:18,160
and again remember that's after the

1041
00:48:18,160 --> 00:48:21,599
addition of a piece of alley to it

1042
00:48:21,599 --> 00:48:25,520
of that 7 451 square feet

1043
00:48:25,520 --> 00:48:27,440
is contained within the non-tidal

1044
00:48:27,440 --> 00:48:28,559
wetlands

1045
00:48:28,559 --> 00:48:32,559
and the 25-foot non-tidal wetlands bar

1046
00:48:32,559 --> 00:48:38,720
of that is almost 82 of a lot

1047
00:48:38,720 --> 00:48:41,839
so we're working with 18 of a moderate

1048
00:48:41,839 --> 00:48:44,240
sized lot

1049
00:48:44,240 --> 00:48:46,160
maintaining the 15 foot front yard

1050
00:48:46,160 --> 00:48:48,480
setback will cause more disturbance to

1051
00:48:48,480 --> 00:48:49,760
the buffer

1052
00:48:49,760 --> 00:48:52,240
whereas the goal is to minimize that so

1053
00:48:52,240 --> 00:48:54,000
that's justification for pulling the

1054
00:48:54,000 --> 00:48:56,000
house closer to the street

1055
00:48:56,000 --> 00:48:58,720
by seven and a half feet and again

1056
00:48:58,720 --> 00:48:59,760
denying the buffer

1057
00:48:59,760 --> 00:49:02,960
impact would make a lot unbuildable the

1058
00:49:02,960 --> 00:49:05,280
hardship for the development of this lot

1059
00:49:05,280 --> 00:49:07,040
is that the house is only a modest

1060
00:49:07,040 --> 00:49:08,720
three-bedroom house

1061
00:49:08,720 --> 00:49:10,400
a smaller wood house would have a

1062
00:49:10,400 --> 00:49:12,400
two-bedroom or less bedrooms

1063
00:49:12,400 --> 00:49:14,160
in the neighborhood where three bedrooms

1064
00:49:14,160 --> 00:49:17,200
are typical of a single-family home

1065
00:49:17,200 --> 00:49:19,040
due to the wetlands this site is really

1066
00:49:19,040 --> 00:49:21,520
only about a third to a half usable

1067
00:49:21,520 --> 00:49:24,720
as compared to any similar lot

1068
00:49:24,720 --> 00:49:27,200
applications of requirements with no

1069
00:49:27,200 --> 00:49:27,839
variance

1070
00:49:27,839 --> 00:49:30,640
will eliminate that usability proposing

1071
00:49:30,640 --> 00:49:33,119
amendments to the applicable ordinances

1072
00:49:33,119 --> 00:49:35,119
would constitute a type of spot zone

1073
00:49:35,119 --> 00:49:36,160
which also would be

1074
00:49:36,160 --> 00:49:39,520
it be innocuous so we're faced with

1075
00:49:39,520 --> 00:49:42,559
interpreting the ordinance and making a

1076
00:49:42,559 --> 00:49:44,720
call to decide whether to grant these

1077
00:49:44,720 --> 00:49:47,670
two variances

1078
00:49:47,680 --> 00:49:50,640
the fifth and final of the requirements

1079
00:49:50,640 --> 00:49:52,400
is that the granting of the variance is

1080
00:49:52,400 --> 00:49:54,960
necessary

1081
00:49:54,960 --> 00:49:57,599
for just about any use reasonable order

1082
00:49:57,599 --> 00:49:58,079
rise

1083
00:49:58,079 --> 00:49:59,760
of this lock and should be considered

1084
00:49:59,760 --> 00:50:01,440
the bare minimum

1085
00:50:01,440 --> 00:50:03,359
which will give some use back to this

1086
00:50:03,359 --> 00:50:06,390
lot

1087
00:50:06,400 --> 00:50:08,319
and because this is in a critical area

1088
00:50:08,319 --> 00:50:10,480
there's additional conditions

1089
00:50:10,480 --> 00:50:12,319
even though this is not a critical area

1090
00:50:12,319 --> 00:50:14,559
of the um variants i thought that it

1091
00:50:14,559 --> 00:50:17,839
might be beneficial to go through those

1092
00:50:17,839 --> 00:50:19,680
and due to the conditions and

1093
00:50:19,680 --> 00:50:21,760
circumstances that i've previously

1094
00:50:21,760 --> 00:50:23,920
described

1095
00:50:23,920 --> 00:50:26,640
for this lot these lots will be denied a

1096
00:50:26,640 --> 00:50:28,079
minimal or reasonable

1097
00:50:28,079 --> 00:50:30,000
and significant use of the entire lot

1098
00:50:30,000 --> 00:50:32,720
without the requested variances

1099
00:50:32,720 --> 00:50:34,319
the literal interpretation and

1100
00:50:34,319 --> 00:50:36,240
application of the town's critical area

1101
00:50:36,240 --> 00:50:37,359
program

1102
00:50:37,359 --> 00:50:39,200
would deprive the applicant of is

1103
00:50:39,200 --> 00:50:41,359
commonly enjoyed by other properties in

1104
00:50:41,359 --> 00:50:42,720
similar areas

1105
00:50:42,720 --> 00:50:45,440
within the critical area of the town

1106
00:50:45,440 --> 00:50:47,359
granting these variances will not give

1107
00:50:47,359 --> 00:50:49,599
any special privileges to this lot

1108
00:50:49,599 --> 00:50:52,800
that would be denied to others

1109
00:50:52,800 --> 00:50:54,960
approving these variances will not

1110
00:50:54,960 --> 00:50:55,920
adversely

1111
00:50:55,920 --> 00:50:58,720
in my opinion will not adversely impact

1112
00:50:58,720 --> 00:50:59,200
fish

1113
00:50:59,200 --> 00:51:01,040
wildlife or plant habitat in the

1114
00:51:01,040 --> 00:51:02,400
critical area

1115
00:51:02,400 --> 00:51:03,839
and are in harmony with the general

1116
00:51:03,839 --> 00:51:05,760
spirit and intent of the town critical

1117
00:51:05,760 --> 00:51:07,200
area program

1118
00:51:07,200 --> 00:51:10,319
maryland's critical area law and como

1119
00:51:10,319 --> 00:51:13,599
net regulations so with that

1120
00:51:13,599 --> 00:51:15,520
i'll entertain any questions that

1121
00:51:15,520 --> 00:51:17,280
anybody wants to fire at me

1122
00:51:17,280 --> 00:51:20,640
or otherwise i'll back out

1123
00:51:20,640 --> 00:51:24,480
and mute myself and turn it over to tony

1124
00:51:24,480 --> 00:51:32,549
to embellish our head to my testimony

1125
00:51:32,559 --> 00:51:34,720
are there any questions from the board

1126
00:51:34,720 --> 00:51:44,710
to the applicant

1127
00:51:44,720 --> 00:51:47,280
mr jacobiac do you have any questions

1128
00:51:47,280 --> 00:51:48,000
for the

1129
00:51:48,000 --> 00:51:50,480
applicant of comments on the

1130
00:51:50,480 --> 00:51:54,710
presentation

1131
00:51:54,720 --> 00:51:58,150
i um

1132
00:51:58,160 --> 00:52:01,520
well i'd first like to say that

1133
00:52:01,520 --> 00:52:05,760
it was one of the most candid and

1134
00:52:05,760 --> 00:52:07,680
thoughtful staff reports i've heard from

1135
00:52:07,680 --> 00:52:09,119
a consulting engineer

1136
00:52:09,119 --> 00:52:11,040
representing client in front of a board

1137
00:52:11,040 --> 00:52:12,720
of appeals in a long time

1138
00:52:12,720 --> 00:52:19,440
exactly i really i have to send a lot of um appreciation

1139
00:52:19,440 --> 00:52:20,079
to

1140
00:52:20,079 --> 00:52:23,920
bill watson for that uh excellent job

1141
00:52:23,920 --> 00:52:27,040
i mean he not only did he describe

1142
00:52:27,040 --> 00:52:31,200
the um the hardship that's being faced

1143
00:52:31,200 --> 00:52:32,079
by the applicant

1144
00:52:32,079 --> 00:52:34,400
here but he described the actual

1145
00:52:34,400 --> 00:52:35,839
conditions

1146
00:52:35,839 --> 00:52:39,040
that are there and didn't minimize

1147
00:52:39,040 --> 00:52:41,680
them at all and i was very thoughtful

1148
00:52:41,680 --> 00:52:44,800
professional presentation

1149
00:52:44,800 --> 00:52:48,480
the idea of placing this um building on

1150
00:52:48,480 --> 00:52:50,559
some stilts or something to elevate it a

1151
00:52:50,559 --> 00:52:52,160
bit

1152
00:52:52,160 --> 00:52:54,880
appealed to me because the the the

1153
00:52:54,880 --> 00:52:56,480
effect of

1154
00:52:56,480 --> 00:52:59,359
it has on minimizing grading and keeping

1155
00:52:59,359 --> 00:53:01,839
it safe and secure for the long term

1156
00:53:01,839 --> 00:53:03,920
um but then ultimately that's something

1157
00:53:03,920 --> 00:53:05,599
that you and

1158
00:53:05,599 --> 00:53:07,359
members of the board of appeals will

1159
00:53:07,359 --> 00:53:09,599
reflect on i suppose and

1160
00:53:09,599 --> 00:53:11,119
of course there are other issues that he

1161
00:53:11,119 --> 00:53:12,800
at play here too that

1162
00:53:12,800 --> 00:53:14,720
the citizens in the neighborhood may

1163
00:53:14,720 --> 00:53:16,720
raise

1164
00:53:16,720 --> 00:53:19,760
so i have nothing else to add unless you

1165
00:53:19,760 --> 00:53:25,270
have questions for me

1166
00:53:25,280 --> 00:53:28,720
okay we'll hear now hear from the public

1167
00:53:28,720 --> 00:53:31,760
sharon has anyone signed up to speak

1168
00:53:31,760 --> 00:53:35,440
on the variance application give me uh

1169
00:53:35,440 --> 00:53:37,520
madam chair i believe that there's

1170
00:53:37,520 --> 00:53:38,880
another uh

1171
00:53:38,880 --> 00:53:43,280
speaker from the applicant

1172
00:53:43,280 --> 00:53:48,240
is there well my name is anthony olexon

1173
00:53:48,240 --> 00:53:51,599
i'm the civil engineer and owner of

1174
00:53:51,599 --> 00:53:53,040
barrett associates here in prince

1175
00:53:53,040 --> 00:53:54,800
frederick maryland

1176
00:53:54,800 --> 00:53:57,839
um you know i i agree

1177
00:53:57,839 --> 00:54:00,079
and appreciate everything that that bill

1178
00:54:00,079 --> 00:54:01,520
put into this

1179
00:54:01,520 --> 00:54:04,000
um in realizing that this was going to

1180
00:54:04,000 --> 00:54:05,680
be a challenging lot that is

1181
00:54:05,680 --> 00:54:08,880
why we reached out to him um to make

1182
00:54:08,880 --> 00:54:10,160
sure that we found a

1183
00:54:10,160 --> 00:54:13,040
good solution and i think i just wanted

1184
00:54:13,040 --> 00:54:14,319
to reiterate a couple of

1185
00:54:14,319 --> 00:54:16,319
things that he mentioned is you know

1186
00:54:16,319 --> 00:54:18,559
it's a very constrained lot

1187
00:54:18,559 --> 00:54:22,480
um in the placement of the house and

1188
00:54:22,480 --> 00:54:25,280
um the layout of the lot and trying to

1189
00:54:25,280 --> 00:54:26,720
provide parking and all the other

1190
00:54:26,720 --> 00:54:28,079
requirements were

1191
00:54:28,079 --> 00:54:31,200
with the intention of one staying

1192
00:54:31,200 --> 00:54:34,960
out of the wetlands themselves into

1193
00:54:34,960 --> 00:54:38,079
minimizing any type of impact uh to the

1194
00:54:38,079 --> 00:54:39,280
buffer

1195
00:54:39,280 --> 00:54:42,400
so you know that along with

1196
00:54:42,400 --> 00:54:44,960
um mr jacobiak's maps and kind of some

1197
00:54:44,960 --> 00:54:47,520
discussion that we had before about

1198
00:54:47,520 --> 00:54:49,040
you know setting the finished floor

1199
00:54:49,040 --> 00:54:51,520
elevation on this house

1200
00:54:51,520 --> 00:54:53,040
was something that we absolutely

1201
00:54:53,040 --> 00:54:54,640
considered um

1202
00:54:54,640 --> 00:54:58,480
you know with a two foot sea level rise

1203
00:54:58,480 --> 00:55:01,920
uh being projected i guess in 2050

1204
00:55:01,920 --> 00:55:04,960
uh you know it's not within a flood

1205
00:55:04,960 --> 00:55:06,400
plain right now

1206
00:55:06,400 --> 00:55:08,000
so it's reasonable to think that the

1207
00:55:08,000 --> 00:55:09,760
floodplain elevation

1208
00:55:09,760 --> 00:55:11,520
of where it is today and where it would

1209
00:55:11,520 --> 00:55:14,000
be in the future would raise to about

1210
00:55:14,000 --> 00:55:17,599
the elevation four or five so

1211
00:55:17,599 --> 00:55:20,480
we're trying to maintain as much

1212
00:55:20,480 --> 00:55:21,359
reasonable

1213
00:55:21,359 --> 00:55:24,640
lift of the house as possible to keep it

1214
00:55:24,640 --> 00:55:26,720
in compliance with

1215
00:55:26,720 --> 00:55:30,559
future considerations for sea level rise

1216
00:55:30,559 --> 00:55:34,880
as well as fema requirements um

1217
00:55:34,880 --> 00:55:37,680
for not flooding the house or the first

1218
00:55:37,680 --> 00:55:39,200
floor elevation as well

1219
00:55:39,200 --> 00:55:42,240
so um i just again wanted to thank bill

1220
00:55:42,240 --> 00:55:44,480
for all the effort that he put into this

1221
00:55:44,480 --> 00:55:47,040
and just kind of reiterate you know

1222
00:55:47,040 --> 00:55:48,640
there's been a lot of thought and a lot

1223
00:55:48,640 --> 00:55:48,960
of

1224
00:55:48,960 --> 00:55:51,680
um intention behind how this has been

1225
00:55:51,680 --> 00:55:52,640
laid out

1226
00:55:52,640 --> 00:55:54,720
in a way that allows the lot to still be

1227
00:55:54,720 --> 00:55:57,589
usable

1228
00:55:57,599 --> 00:55:59,760
chairman chairwoman spencer may ask a

1229
00:55:59,760 --> 00:56:01,520
question of um

1230
00:56:01,520 --> 00:56:04,630
yes here

1231
00:56:04,640 --> 00:56:08,880
yes yeah um anthony can you tell us

1232
00:56:08,880 --> 00:56:11,680
the dimensions of that parking pad how

1233
00:56:11,680 --> 00:56:12,799
deep it is

1234
00:56:12,799 --> 00:56:16,000
how many cars can locate on it

1235
00:56:16,000 --> 00:56:19,680
and anything else you can say about that

1236
00:56:19,680 --> 00:56:22,160
uh for the dimensions uh bill if you

1237
00:56:22,160 --> 00:56:24,480
could take the dimensions off of the cad

1238
00:56:24,480 --> 00:56:26,240
drawing that you have there

1239
00:56:26,240 --> 00:56:27,920
um we can give it i know the intention

1240
00:56:27,920 --> 00:56:29,920
was to have at least two parking stalls

1241
00:56:29,920 --> 00:56:31,040
there

1242
00:56:31,040 --> 00:56:34,559
um for uh for the

1243
00:56:34,559 --> 00:56:37,750
this home

1244
00:56:37,760 --> 00:56:40,880
this is bill watson again tony thank you

1245
00:56:40,880 --> 00:56:43,760
um chris bear with me i'm going to pick

1246
00:56:43,760 --> 00:56:45,200
a couple of dimensions

1247
00:56:45,200 --> 00:56:48,319
tony is absolutely correct that

1248
00:56:48,319 --> 00:56:51,440
the parking pad which is

1249
00:56:51,440 --> 00:56:55,520
20 feet long on a lot and

1250
00:56:55,520 --> 00:56:59,520
20 feet and a quarter wide on the lot

1251
00:56:59,520 --> 00:57:01,680
is intended to provide for two all

1252
00:57:01,680 --> 00:57:03,839
street parking spaces as required by the

1253
00:57:03,839 --> 00:57:07,670
zoning ordinance

1254
00:57:07,680 --> 00:57:11,440
so it's 20 feet wide you say

1255
00:57:11,440 --> 00:57:14,720
that's correct typical parking space is

1256
00:57:14,720 --> 00:57:16,319
18 by nine

1257
00:57:16,319 --> 00:57:18,000
so there's a little bit of flexibility

1258
00:57:18,000 --> 00:57:19,760
in there uh

1259
00:57:19,760 --> 00:57:22,079
for for less than perfect driving into a

1260
00:57:22,079 --> 00:57:24,240
parking space

1261
00:57:24,240 --> 00:57:27,280
okay thank you you're welcome

1262
00:57:27,280 --> 00:57:31,040
if i may um just in case something

1263
00:57:31,040 --> 00:57:33,119
happens and i disappear

1264
00:57:33,119 --> 00:57:34,880
we're beginning to get a thunderstorm

1265
00:57:34,880 --> 00:57:36,960
over here in dunkirk it's moving down

1266
00:57:36,960 --> 00:57:37,440
and

1267
00:57:37,440 --> 00:57:40,799
raining um if i get cut off because of

1268
00:57:40,799 --> 00:57:42,000
the power tail

1269
00:57:42,000 --> 00:57:49,750
i'll be back as soon as i can

1270
00:57:49,760 --> 00:57:51,920
i am also hearing thunder here at

1271
00:57:51,920 --> 00:57:53,200
chesapeake beach

1272
00:57:53,200 --> 00:57:56,400
um well

1273
00:57:56,400 --> 00:58:01,349
anyway let's let's let's move on

1274
00:58:01,359 --> 00:58:06,230
okay

1275
00:58:06,240 --> 00:58:08,319
now let's hear from the public is there

1276
00:58:08,319 --> 00:58:10,960
anyone here

1277
00:58:10,960 --> 00:58:14,319
has anyone signed up sharon uh to speak

1278
00:58:14,319 --> 00:58:16,960
this evening

1279
00:58:16,960 --> 00:58:19,599
uh i only got comments from gary and i

1280
00:58:19,599 --> 00:58:20,000
believe

1281
00:58:20,000 --> 00:58:23,119
gary cole smith is on the on the meeting

1282
00:58:23,119 --> 00:58:26,400
i am okay

1283
00:58:26,400 --> 00:58:32,390
i would like to okay gary

1284
00:58:32,400 --> 00:58:35,359
uh gary cole smith 8200 elm lane

1285
00:58:35,359 --> 00:58:37,280
chesapeake beach

1286
00:58:37,280 --> 00:58:41,280
uh my driveway starts at the end of the

1287
00:58:41,280 --> 00:58:42,240
street

1288
00:58:42,240 --> 00:58:45,359
i bought this property in

1289
00:58:45,359 --> 00:58:48,720
uh 20 years ago

1290
00:58:48,720 --> 00:58:50,240
at the time i bought the property the

1291
00:58:50,240 --> 00:58:53,119
town engineer i don't remember his name

1292
00:58:53,119 --> 00:58:55,440
uh he was the engineer and uh zoning

1293
00:58:55,440 --> 00:58:57,359
administrator at the time but

1294
00:58:57,359 --> 00:58:59,839
uh you all probably remember him uh he

1295
00:58:59,839 --> 00:59:01,280
actually went over to north beach

1296
00:59:01,280 --> 00:59:03,920
for a while this was prior to the

1297
00:59:03,920 --> 00:59:06,079
current town engineer or the current

1298
00:59:06,079 --> 00:59:09,359
zoning administrator uh i discussed with

1299
00:59:09,359 --> 00:59:11,119
them before i bought the property

1300
00:59:11,119 --> 00:59:12,480
uh several things because i was

1301
00:59:12,480 --> 00:59:14,160
concerned about the dead end street in

1302
00:59:14,160 --> 00:59:15,920
the driveway that didn't end at the dead

1303
00:59:15,920 --> 00:59:17,119
end street

1304
00:59:17,119 --> 00:59:19,599
and we talked about the requirements of

1305
00:59:19,599 --> 00:59:20,400
the zoning

1306
00:59:20,400 --> 00:59:22,720
uh i think most of you are aware that

1307
00:59:22,720 --> 00:59:24,400
i've

1308
00:59:24,400 --> 00:59:26,079
been involved with zoning issues for a

1309
00:59:26,079 --> 00:59:28,240
long time in chesapeake beach

1310
00:59:28,240 --> 00:59:31,440
uh anyway the discussion was

1311
00:59:31,440 --> 00:59:33,680
several on several fronts there was

1312
00:59:33,680 --> 00:59:34,799
runoff uh

1313
00:59:34,799 --> 00:59:37,920
and the right of way for runoff

1314
00:59:37,920 --> 00:59:41,040
from the street of helm lane into the

1315
00:59:41,040 --> 00:59:41,839
wetlands

1316
00:59:41,839 --> 00:59:44,640
or non-tidal wetlands uh there was also

1317
00:59:44,640 --> 00:59:46,000
discussion on

1318
00:59:46,000 --> 00:59:49,920
the runoff on the east side of elm lane

1319
00:59:49,920 --> 00:59:50,319
that

1320
00:59:50,319 --> 00:59:52,319
occurs all the time and floods that that

1321
00:59:52,319 --> 00:59:54,079
side washes sediment

1322
00:59:54,079 --> 00:59:56,160
onto the parking space that had been

1323
00:59:56,160 --> 00:59:57,920
provided for

1324
00:59:57,920 --> 01:00:01,200
uh sadie uh in her at her home at the

1325
01:00:01,200 --> 01:00:02,480
end of ellen lane

1326
01:00:02,480 --> 01:00:06,000
uh so there is a real issue with

1327
01:00:06,000 --> 01:00:09,119
a a t turnaround which that paves the

1328
01:00:09,119 --> 01:00:10,400
areas you see down here

1329
01:00:10,400 --> 01:00:13,839
now uh it wasn't created for it was

1330
01:00:13,839 --> 01:00:14,480
created to

1331
01:00:14,480 --> 01:00:16,559
make vehicles be able to turn around

1332
01:00:16,559 --> 01:00:17,920
town vehicles

1333
01:00:17,920 --> 01:00:21,440
uh trash trucks uh

1334
01:00:21,440 --> 01:00:23,200
visitors who you know came down and

1335
01:00:23,200 --> 01:00:24,960
didn't realize the turn there was a dead

1336
01:00:24,960 --> 01:00:25,280
end

1337
01:00:25,280 --> 01:00:27,040
that industry has to have some means of

1338
01:00:27,040 --> 01:00:29,200
turning around that area was paid by the

1339
01:00:29,200 --> 01:00:31,040
town chesapeake beach

1340
01:00:31,040 --> 01:00:32,559
uh it was repaved by the town of

1341
01:00:32,559 --> 01:00:34,319
chesapeake beach just recently and jay

1342
01:00:34,319 --> 01:00:35,599
knows that

1343
01:00:35,599 --> 01:00:38,880
because he paved it so i don't think

1344
01:00:38,880 --> 01:00:40,079
there's any discussion

1345
01:00:40,079 --> 01:00:41,920
really true discussion about whether or

1346
01:00:41,920 --> 01:00:44,160
not there's the town utilizes the full

1347
01:00:44,160 --> 01:00:45,040
right-of-way

1348
01:00:45,040 --> 01:00:47,839
with at the bottom of the street uh

1349
01:00:47,839 --> 01:00:48,400
sadie

1350
01:00:48,400 --> 01:00:52,880
lawson's lot which was sold to her son grew up there

1351
01:00:52,880 --> 01:00:54,799
has always had parking provided by a

1352
01:00:54,799 --> 01:00:56,640
town the original

1353
01:00:56,640 --> 01:00:59,599
uh subdivision had 50-foot wide

1354
01:00:59,599 --> 01:01:00,480
right-of-ways

1355
01:01:00,480 --> 01:01:03,359
and i discussed this at length with

1356
01:01:03,359 --> 01:01:04,400
several people

1357
01:01:04,400 --> 01:01:07,200
including gerald donovan uh back when i

1358
01:01:07,200 --> 01:01:08,559
bought the property that

1359
01:01:08,559 --> 01:01:10,079
they had fifth foot right away for the

1360
01:01:10,079 --> 01:01:11,839
street because they had off street

1361
01:01:11,839 --> 01:01:13,599
off property parking because the lots

1362
01:01:13,599 --> 01:01:15,760
were so small because it was a

1363
01:01:15,760 --> 01:01:19,280
uh whatever you call it

1364
01:01:19,280 --> 01:01:23,119
a a town that was built here for

1365
01:01:23,119 --> 01:01:25,839
uh visitation or whatever recreational

1366
01:01:25,839 --> 01:01:27,200
purposes

1367
01:01:27,200 --> 01:01:30,000
so anyway uh all that being said we have

1368
01:01:30,000 --> 01:01:31,440
a grandfather's lot on the opposite side

1369
01:01:31,440 --> 01:01:35,440
of the street of this place that gerald donovan and and people prior

1370
01:01:35,440 --> 01:01:36,160
to me

1371
01:01:36,160 --> 01:01:39,040
had prepared a parking space for uh in

1372
01:01:39,040 --> 01:01:40,400
the course but they with what they

1373
01:01:40,400 --> 01:01:44,400
ballet viewed the prior

1374
01:01:44,400 --> 01:01:50,640
planning of that area uh that space is now in this plan shown to

1375
01:01:50,640 --> 01:01:52,000
be gone away

1376
01:01:52,000 --> 01:01:53,520
there's a fire hydrant on that side of

1377
01:01:53,520 --> 01:01:56,319
the street roughly near there and

1378
01:01:56,319 --> 01:01:58,160
that's the reason why the turnaround is

1379
01:01:58,160 --> 01:01:59,359
farther

1380
01:01:59,359 --> 01:02:01,520
north than than where it probably should

1381
01:02:01,520 --> 01:02:04,400
be a this official t turnaround

1382
01:02:04,400 --> 01:02:06,480
and no science has ever been put up to

1383
01:02:06,480 --> 01:02:08,480
stop parking there so people have parked

1384
01:02:08,480 --> 01:02:09,280
there

1385
01:02:09,280 --> 01:02:11,920
uh when the notices went up or when the

1386
01:02:11,920 --> 01:02:12,400
polls

1387
01:02:12,400 --> 01:02:15,280
the new poll relocation happened people

1388
01:02:15,280 --> 01:02:16,799
realized that they you know they didn't

1389
01:02:16,799 --> 01:02:17,359
have a real

1390
01:02:17,359 --> 01:02:19,119
true right to park there they parked

1391
01:02:19,119 --> 01:02:20,480
other other places

1392
01:02:20,480 --> 01:02:23,039
except for the lawson property who has

1393
01:02:23,039 --> 01:02:24,319
no place to park

1394
01:02:24,319 --> 01:02:27,520
because of their grandfather a lot so

1395
01:02:27,520 --> 01:02:33,270
the the utilization of the right-of-way

1396
01:02:33,280 --> 01:02:36,319
for any purposes like going away taking

1397
01:02:36,319 --> 01:02:37,920
the paving away so that there's no

1398
01:02:37,920 --> 01:02:39,839
turnaround anymore or

1399
01:02:39,839 --> 01:02:42,319
utilizing it as part of their driveway

1400
01:02:42,319 --> 01:02:47,359
or whatever it is a non-consideration for the existing

1401
01:02:47,359 --> 01:02:49,440
neighborhood i mean vehicles do do the

1402
01:02:49,440 --> 01:02:51,760
trash trucks people need to turn around

1403
01:02:51,760 --> 01:02:54,720
uh that's my first com real issue with

1404
01:02:54,720 --> 01:02:55,119
the

1405
01:02:55,119 --> 01:02:58,559
with this plan uh the second real issue

1406
01:02:58,559 --> 01:02:59,440
i have with the plan

1407
01:02:59,440 --> 01:03:02,720
is that the reduction

1408
01:03:02,720 --> 01:03:04,799
in front yard setback would not be

1409
01:03:04,799 --> 01:03:06,559
necessary and i've looked at this myself

1410
01:03:06,559 --> 01:03:07,359
i'm i'm a

1411
01:03:07,359 --> 01:03:09,920
commercial builder myself i looked at

1412
01:03:09,920 --> 01:03:11,039
this property myself

1413
01:03:11,039 --> 01:03:14,000
uh back when the property was up for tax

1414
01:03:14,000 --> 01:03:14,480
sales

1415
01:03:14,480 --> 01:03:16,880
numerous times i looked at what i could

1416
01:03:16,880 --> 01:03:18,240
do there and i i thought

1417
01:03:18,240 --> 01:03:21,280
every time about building it on stilts

1418
01:03:21,280 --> 01:03:24,240
just the simple impact that you had a

1419
01:03:24,240 --> 01:03:24,720
issue

1420
01:03:24,720 --> 01:03:28,720
with uh non-tidal wetlands

1421
01:03:28,720 --> 01:03:31,839
now when i look at this plan

1422
01:03:31,839 --> 01:03:34,880
uh first off the any utilization of

1423
01:03:34,880 --> 01:03:36,960
the the talents right away has to be

1424
01:03:36,960 --> 01:03:39,359
approved by the mayor and town council

1425
01:03:39,359 --> 01:03:41,280
and nobody's made an application to do

1426
01:03:41,280 --> 01:03:44,319
that so i don't know without that approval you could not

1427
01:03:44,319 --> 01:03:46,400
regret various anyway

1428
01:03:46,400 --> 01:03:48,160
uh because you'll be taking away part of

1429
01:03:48,160 --> 01:03:50,079
the streets right away

1430
01:03:50,079 --> 01:03:53,520
uh if

1431
01:03:53,520 --> 01:03:56,640
the the planner and developer

1432
01:03:56,640 --> 01:03:59,119
were to look at utilization of stilts

1433
01:03:59,119 --> 01:04:01,440
and raising the structure up in the air

1434
01:04:01,440 --> 01:04:03,839
and parking underneath i think you could

1435
01:04:03,839 --> 01:04:06,160
actually use the property

1436
01:04:06,160 --> 01:04:09,520
effectively for housing as intended

1437
01:04:09,520 --> 01:04:13,119
without impact to the buffer

1438
01:04:13,119 --> 01:04:16,160
and impact to the front yard setback

1439
01:04:16,160 --> 01:04:20,079
so i i i think that was not fully

1440
01:04:20,079 --> 01:04:24,319
uh thought through uh it was like easier

1441
01:04:24,319 --> 01:04:26,960
to apply for a variance than just to

1442
01:04:26,960 --> 01:04:29,359
design to match a lot and the final

1443
01:04:29,359 --> 01:04:31,039
thing i really want to say is

1444
01:04:31,039 --> 01:04:34,079
this thing was re-platted

1445
01:04:34,079 --> 01:04:37,359
and it was replated during a time when

1446
01:04:37,359 --> 01:04:40,000
all all these things were known and all

1447
01:04:40,000 --> 01:04:41,359
the property was one

1448
01:04:41,359 --> 01:04:43,520
was when one ownership at that time and

1449
01:04:43,520 --> 01:04:45,119
it was in one ownership

1450
01:04:45,119 --> 01:04:48,240
and all those joint properties were

1451
01:04:48,240 --> 01:04:52,000
together would make a legal lot

1452
01:04:52,000 --> 01:04:53,839
you don't have a right for a variance

1453
01:04:53,839 --> 01:04:55,599
and someone subdivided it and

1454
01:04:55,599 --> 01:04:58,400
made it into two lots that were actually

1455
01:04:58,400 --> 01:05:00,319
unbuildable so they created their own

1456
01:05:00,319 --> 01:05:01,839
problem

1457
01:05:01,839 --> 01:05:05,039
in i think was it 1994

1458
01:05:05,039 --> 01:05:08,880
in the replanting uh so i i i really

1459
01:05:08,880 --> 01:05:12,720
uh at i'm i i am really against this

1460
01:05:12,720 --> 01:05:15,119
as is fans right now if they were to

1461
01:05:15,119 --> 01:05:17,680
redesign it put the house on stilts not

1462
01:05:17,680 --> 01:05:20,400
impact the front yard setback create a

1463
01:05:20,400 --> 01:05:21,039
means for

1464
01:05:21,039 --> 01:05:24,880
turn around address the

1465
01:05:24,880 --> 01:05:28,160
parking issue for uh the

1466
01:05:28,160 --> 01:05:29,599
house of the end of the road lost his

1467
01:05:29,599 --> 01:05:31,440
home on the end of the road

1468
01:05:31,440 --> 01:05:35,359
uh i could i could uh

1469
01:05:35,359 --> 01:05:38,240
i would not be an objection but uh that

1470
01:05:38,240 --> 01:05:39,359
they haven't addressed any of these

1471
01:05:39,359 --> 01:05:39,839
things

1472
01:05:39,839 --> 01:05:41,440
and i actually don't see where they've

1473
01:05:41,440 --> 01:05:43,440
adjusted off street parking

1474
01:05:43,440 --> 01:05:48,710
directly on both lots that are up for uh

1475
01:05:48,720 --> 01:05:51,520
these two variances uh the the property

1476
01:05:51,520 --> 01:05:52,880
i'm talking about that has

1477
01:05:52,880 --> 01:05:54,559
was grandfathered and does not have

1478
01:05:54,559 --> 01:05:56,240
parking and it has no way of creating

1479
01:05:56,240 --> 01:05:57,359
parking

1480
01:05:57,359 --> 01:06:00,400
is 8202 elm lane

1481
01:06:00,400 --> 01:06:02,400
it used to be the city lost this

1482
01:06:02,400 --> 01:06:03,599
property uh

1483
01:06:03,599 --> 01:06:05,599
it's now calvin lawson and his wife's

1484
01:06:05,599 --> 01:06:06,720
property

1485
01:06:06,720 --> 01:06:10,160
uh so uh they're all those things need

1486
01:06:10,160 --> 01:06:11,440
to be addressed before i think you can

1487
01:06:11,440 --> 01:06:12,799
even consider

1488
01:06:12,799 --> 01:06:14,559
granting either one of the two variances

1489
01:06:14,559 --> 01:06:15,839
are up before you for those two

1490
01:06:15,839 --> 01:06:16,799
properties

1491
01:06:16,799 --> 01:06:30,710
thank you for your time

1492
01:06:30,720 --> 01:06:35,589
is there anyone else

1493
01:06:35,599 --> 01:06:37,760
on this call that would like to speak on

1494
01:06:37,760 --> 01:06:39,760
this matter or ask questions of the

1495
01:06:39,760 --> 01:06:45,750
applicant

1496
01:06:45,760 --> 01:06:57,670
if so now is your time

1497
01:06:57,680 --> 01:07:01,000
okay does the applicant have any

1498
01:07:01,000 --> 01:07:02,160
cross-examination

1499
01:07:02,160 --> 01:07:06,559
of any of the previous speakers

1500
01:07:06,559 --> 01:07:08,880
uh yes madam chair uh this is anthony

1501
01:07:08,880 --> 01:07:10,319
olux and again i

1502
01:07:10,319 --> 01:07:12,000
you know like to address i guess a

1503
01:07:12,000 --> 01:07:13,440
couple of

1504
01:07:13,440 --> 01:07:18,710
the comments that mr cole smith made

1505
01:07:18,720 --> 01:07:21,920
the purpose of the variances that we are

1506
01:07:21,920 --> 01:07:25,839
requesting in this case is in order to

1507
01:07:25,839 --> 01:07:30,200
minimize impacts to the wetland buffer

1508
01:07:30,200 --> 01:07:31,839
[Music]

1509
01:07:31,839 --> 01:07:35,760
the as mr watson mentioned nearly

1510
01:07:35,760 --> 01:07:38,559
84 of this lot is encumbered by the

1511
01:07:38,559 --> 01:07:41,119
buffer itself

1512
01:07:41,119 --> 01:07:43,920
the house was located in a situation or

1513
01:07:43,920 --> 01:07:46,319
in a location to keep it out of the

1514
01:07:46,319 --> 01:07:47,839
wetlands

1515
01:07:47,839 --> 01:07:51,520
uh and you know

1516
01:07:51,520 --> 01:07:55,280
looking at shifting it further back

1517
01:07:55,280 --> 01:07:56,720
would would just

1518
01:07:56,720 --> 01:07:59,599
create more of a disturbance to the

1519
01:07:59,599 --> 01:08:01,520
wetlands buffer

1520
01:08:01,520 --> 01:08:04,640
uh really that's you know i think the

1521
01:08:04,640 --> 01:08:05,680
crux of

1522
01:08:05,680 --> 01:08:07,599
what it is that we're asking for as part

1523
01:08:07,599 --> 01:08:09,280
of this waiver

1524
01:08:09,280 --> 01:08:12,400
are the two waiver requests is to

1525
01:08:12,400 --> 01:08:15,440
find a solution here that would minimize

1526
01:08:15,440 --> 01:08:17,839
those impacts

1527
01:08:17,839 --> 01:08:21,279
and the owner and

1528
01:08:21,279 --> 01:08:23,839
their builder representative are also on

1529
01:08:23,839 --> 01:08:25,920
this call today and they can kind of

1530
01:08:25,920 --> 01:08:26,960
you know i like to give them the

1531
01:08:26,960 --> 01:08:30,000
opportunity to talk if they'd like

1532
01:08:30,000 --> 01:08:32,640
um you know raising it up on stilts is

1533
01:08:32,640 --> 01:08:35,199
our own pilings is something that we're

1534
01:08:35,199 --> 01:08:37,199
considering uh moving forward i think it

1535
01:08:37,199 --> 01:08:39,199
takes a little bit more but

1536
01:08:39,199 --> 01:08:41,839
even with raising it up uh the area

1537
01:08:41,839 --> 01:08:43,440
that's going to be underneath of the

1538
01:08:43,440 --> 01:08:43,839
house

1539
01:08:43,839 --> 01:08:46,400
will still be graded would still be

1540
01:08:46,400 --> 01:08:48,239
considered a permanent impact to the

1541
01:08:48,239 --> 01:08:49,600
buffer

1542
01:08:49,600 --> 01:08:53,679
uh so the design that we're showing here

1543
01:08:53,679 --> 01:08:56,080
in the location that we're showing here

1544
01:08:56,080 --> 01:08:59,600
with the reduced setback um

1545
01:08:59,600 --> 01:09:03,279
is the minimal amount

1546
01:09:03,279 --> 01:09:06,480
of impact and that's necessary

1547
01:09:06,480 --> 01:09:10,719
in order to keep this as a usable lie

1548
01:09:10,719 --> 01:09:12,239
regarding the work within the

1549
01:09:12,239 --> 01:09:14,560
right-of-way and the removing of the

1550
01:09:14,560 --> 01:09:15,120
pavement

1551
01:09:15,120 --> 01:09:18,560
and the turnaround uh you know i agree

1552
01:09:18,560 --> 01:09:18,960
with

1553
01:09:18,960 --> 01:09:20,799
mr coldsmith is saying is is that

1554
01:09:20,799 --> 01:09:22,400
something that we need to work out

1555
01:09:22,400 --> 01:09:25,600
with the town engineer

1556
01:09:25,600 --> 01:09:27,759
and with work within their public

1557
01:09:27,759 --> 01:09:28,799
right-of-way

1558
01:09:28,799 --> 01:09:32,159
uh but i do not believe that impacts

1559
01:09:32,159 --> 01:09:34,159
what we would be requesting with this

1560
01:09:34,159 --> 01:09:35,279
waiver

1561
01:09:35,279 --> 01:09:37,600
uh just for the simple fact that there's

1562
01:09:37,600 --> 01:09:39,199
nowhere else

1563
01:09:39,199 --> 01:09:41,759
to place the house without being in the

1564
01:09:41,759 --> 01:09:57,030
wetlands themselves

1565
01:09:57,040 --> 01:10:00,800
do either mr jacobiak or the applicant

1566
01:10:00,800 --> 01:10:01,440
have any

1567
01:10:01,440 --> 01:10:10,149
final comments

1568
01:10:10,159 --> 01:10:15,510
if no

1569
01:10:15,520 --> 01:10:17,440
i will close this this part of the

1570
01:10:17,440 --> 01:10:18,640
meeting

1571
01:10:18,640 --> 01:10:20,640
uh and we'll turn our attention to

1572
01:10:20,640 --> 01:10:22,560
deliberation

1573
01:10:22,560 --> 01:10:24,960
on the variance application in case

1574
01:10:24,960 --> 01:10:28,830
number

1575
01:10:28,840 --> 01:10:30,000
2020-2.

1576
01:10:30,000 --> 01:10:33,199
chairman yes may i

1577
01:10:33,199 --> 01:10:35,760
uh address the comments that were made

1578
01:10:35,760 --> 01:10:44,080
on my addre

1579
01:10:44,080 --> 01:10:46,000
one of the requirements for our variants

1580
01:10:46,000 --> 01:10:48,480
is that it cannot be self-created

1581
01:10:48,480 --> 01:10:51,840
and unfortunately the original owners

1582
01:10:51,840 --> 01:10:54,960
in 1994 created part of this problem

1583
01:10:54,960 --> 01:10:56,719
because as the ordinance read back at

1584
01:10:56,719 --> 01:10:58,400
that time you

1585
01:10:58,400 --> 01:11:00,560
had the opportunity to combine lots and

1586
01:11:00,560 --> 01:11:02,080
create a legal lot

1587
01:11:02,080 --> 01:11:04,159
and met the requirements of the zoning

1588
01:11:04,159 --> 01:11:05,199
ordinance

1589
01:11:05,199 --> 01:11:07,520
and instead they subdivided and made two

1590
01:11:07,520 --> 01:11:08,800
illegal lots

1591
01:11:08,800 --> 01:11:12,000
basically so i i you know

1592
01:11:12,000 --> 01:11:14,080
i wasn't going to bring that up because

1593
01:11:14,080 --> 01:11:15,360
i i thought that was like kind of

1594
01:11:15,360 --> 01:11:16,320
underhanded but

1595
01:11:16,320 --> 01:11:19,040
it was 1994 and these ordinances all

1596
01:11:19,040 --> 01:11:20,080
went in place

1597
01:11:20,080 --> 01:11:24,000
in the 80s so it is self-created in that

1598
01:11:24,000 --> 01:11:25,280
respect

1599
01:11:25,280 --> 01:11:29,350
um

1600
01:11:29,360 --> 01:11:32,000
let's see uh when you park under the

1601
01:11:32,000 --> 01:11:32,560
house

1602
01:11:32,560 --> 01:11:35,760
even though you're impacting uh the area

1603
01:11:35,760 --> 01:11:36,320
under the

1604
01:11:36,320 --> 01:11:39,440
house with imper previous the impervious

1605
01:11:39,440 --> 01:11:40,960
area is actually above the house the

1606
01:11:40,960 --> 01:11:42,000
roof line

1607
01:11:42,000 --> 01:11:44,560
so you're not creating any additional

1608
01:11:44,560 --> 01:11:45,360
impact

1609
01:11:45,360 --> 01:11:46,960
in what the footprint of the house is if

1610
01:11:46,960 --> 01:11:48,640
the parking is under the house

1611
01:11:48,640 --> 01:11:50,480
so you put on stilts and you create

1612
01:11:50,480 --> 01:11:51,840
parking under the house

1613
01:11:51,840 --> 01:11:53,440
you're not creating any additional

1614
01:11:53,440 --> 01:11:55,199
impact so i i disagree with that

1615
01:11:55,199 --> 01:11:56,320
statement

1616
01:11:56,320 --> 01:12:01,040
and uh as i said before i think that

1617
01:12:01,040 --> 01:12:03,840
before you can grant a variance for

1618
01:12:03,840 --> 01:12:06,840
anything that in respect to

1619
01:12:06,840 --> 01:12:10,560
the uh

1620
01:12:10,560 --> 01:12:12,880
front yard setbacks you have to address

1621
01:12:12,880 --> 01:12:14,880
the issues of the street and the town

1622
01:12:14,880 --> 01:12:16,239
would have to

1623
01:12:16,239 --> 01:12:20,159
first of all allow the the redesign of

1624
01:12:20,159 --> 01:12:24,080
their their uh right away

1625
01:12:24,080 --> 01:12:26,560
they usually read utilization of their

1626
01:12:26,560 --> 01:12:30,480
right of way and that requires the the mayor to approve

1627
01:12:30,480 --> 01:12:30,960
it

1628
01:12:30,960 --> 01:12:33,440
and that has not been done yet so this

1629
01:12:33,440 --> 01:12:34,080
plan

1630
01:12:34,080 --> 01:12:36,239
that they have you know it could be you

1631
01:12:36,239 --> 01:12:38,239
can approve it contingent to

1632
01:12:38,239 --> 01:12:42,080
those approvals if you were to so desire

1633
01:12:42,080 --> 01:12:45,520
uh and the same with water runoff on the

1634
01:12:45,520 --> 01:12:49,920
east side of elm lane uh i don't know you we had like a

1635
01:12:49,920 --> 01:12:51,600
conservative rain the other day and

1636
01:12:51,600 --> 01:12:53,199
probably no one knows but me because i

1637
01:12:53,199 --> 01:12:54,960
drive up there every day

1638
01:12:54,960 --> 01:12:56,800
is that but there's an incredible amount

1639
01:12:56,800 --> 01:12:58,880
of runoff on the east side of the road

1640
01:12:58,880 --> 01:13:00,480
that's never been addressed

1641
01:13:00,480 --> 01:13:04,239
and the uh former uh

1642
01:13:04,239 --> 01:13:07,440
talent administrator uh james parent and

1643
01:13:07,440 --> 01:13:08,080
i had

1644
01:13:08,080 --> 01:13:09,760
he had actually visited out there with

1645
01:13:09,760 --> 01:13:12,480
me about that and i have talked to

1646
01:13:12,480 --> 01:13:15,840
um jay about the same same issue is that

1647
01:13:15,840 --> 01:13:17,360
there's an incredible amount of runoff

1648
01:13:17,360 --> 01:13:19,120
on that side of the road and there's no

1649
01:13:19,120 --> 01:13:21,360
there's been no adjustment that and the

1650
01:13:21,360 --> 01:13:23,360
way you have it drawn right now

1651
01:13:23,360 --> 01:13:25,360
water coming down that side of the road

1652
01:13:25,360 --> 01:13:26,880
would run into f

1653
01:13:26,880 --> 01:13:30,080
at a seven and a half foot

1654
01:13:30,080 --> 01:13:32,320
uh front yard setbacks water coming down

1655
01:13:32,320 --> 01:13:33,679
the road would have no place to go but

1656
01:13:33,679 --> 01:13:34,880
run into that house

1657
01:13:34,880 --> 01:13:37,120
that home so that that really needs to

1658
01:13:37,120 --> 01:13:38,640
be addressed the

1659
01:13:38,640 --> 01:13:41,440
runoff on the east side of elm lane has

1660
01:13:41,440 --> 01:13:42,480
never been addressed

1661
01:13:42,480 --> 01:13:44,640
and it's not addressed in these plans

1662
01:13:44,640 --> 01:13:57,510
thank you for your time

1663
01:13:57,520 --> 01:14:01,040
i'd like to now hear from

1664
01:14:01,040 --> 01:14:15,199
the board there any comments from the

1665
01:14:15,199 --> 01:14:23,510
board

1666
01:14:23,520 --> 01:14:27,520
doris i i have a observation

1667
01:14:27,520 --> 01:14:30,960
yes um

1668
01:14:30,960 --> 01:14:34,000
i drove down elm street today

1669
01:14:34,000 --> 01:14:37,520
and sat in my car and and uh and sort of

1670
01:14:37,520 --> 01:14:42,320
scouted the area and relative to

1671
01:14:42,320 --> 01:14:46,159
water runoff i i can only imagine by

1672
01:14:46,159 --> 01:14:48,880
looking at that lot that that would be a

1673
01:14:48,880 --> 01:14:49,440
huge

1674
01:14:49,440 --> 01:14:52,880
problem so i i agree with mr sussman

1675
01:14:52,880 --> 01:14:54,320
that somehow

1676
01:14:54,320 --> 01:14:56,560
that water is going to come down at that

1677
01:14:56,560 --> 01:14:58,560
you know at a tremendous force coming

1678
01:14:58,560 --> 01:14:59,040
down

1679
01:14:59,040 --> 01:15:02,239
lane uh elm lane which is very steep

1680
01:15:02,239 --> 01:15:04,880
in the beginning off of bayside road so

1681
01:15:04,880 --> 01:15:06,320
i would think that there needs to be

1682
01:15:06,320 --> 01:15:10,880
some significant uh

1683
01:15:10,880 --> 01:15:13,840
that the applicant needs to address that

1684
01:15:13,840 --> 01:15:16,000
significant problem

1685
01:15:16,000 --> 01:15:18,880
um you know before before we could look

1686
01:15:18,880 --> 01:15:30,310
to approve it

1687
01:15:30,320 --> 01:15:34,000
okay any other comments

1688
01:15:34,000 --> 01:15:37,520
yes madam chair david ferguson here um

1689
01:15:37,520 --> 01:15:40,960
regarding uh mr cole smith's

1690
01:15:40,960 --> 01:15:44,640
assertion that this was a self-created

1691
01:15:44,640 --> 01:15:48,480
problem by subdividing a large lot into

1692
01:15:48,480 --> 01:15:50,640
two smaller lots

1693
01:15:50,640 --> 01:15:53,760
are either of the applicants

1694
01:15:53,760 --> 01:15:59,070
for these two cases uh

1695
01:15:59,080 --> 01:16:02,480
2020-2 and 2020-3

1696
01:16:02,480 --> 01:16:06,159
are either of those applicants

1697
01:16:06,159 --> 01:16:09,840
the owner of the larger lot

1698
01:16:09,840 --> 01:16:14,080
that subdivided it back in 1994

1699
01:16:14,080 --> 01:16:16,159
and i don't know if anyone here would

1700
01:16:16,159 --> 01:16:17,679
know that

1701
01:16:17,679 --> 01:16:23,840
but mr coldsmith may know who who owned the

1702
01:16:23,840 --> 01:16:24,719
property

1703
01:16:24,719 --> 01:16:28,000
and subdivided it but it seems to me

1704
01:16:28,000 --> 01:16:31,120
uh mr sussman that

1705
01:16:31,120 --> 01:16:34,320
the current owners unless they were the

1706
01:16:34,320 --> 01:16:34,800
owner

1707
01:16:34,800 --> 01:16:37,360
that subdivided it the current owners

1708
01:16:37,360 --> 01:16:40,320
are not responsible for

1709
01:16:40,320 --> 01:16:44,950
that uh subdivision

1710
01:16:44,960 --> 01:16:48,800
mr sussman yes well i believe i heard

1711
01:16:48,800 --> 01:16:50,320
and somebody can correct me

1712
01:16:50,320 --> 01:16:52,480
that homes for america owned the

1713
01:16:52,480 --> 01:16:53,760
property

1714
01:16:53,760 --> 01:16:56,960
and then uh subdivided it uh by a rock

1715
01:16:56,960 --> 01:16:58,080
consolidation

1716
01:16:58,080 --> 01:17:02,640
into those two watts back in 1994. and

1717
01:17:02,640 --> 01:17:04,800
i believe you're correct mr ferguson

1718
01:17:04,800 --> 01:17:05,840
that these

1719
01:17:05,840 --> 01:17:08,560
uh the current owners if that if that's

1720
01:17:08,560 --> 01:17:09,440
the case

1721
01:17:09,440 --> 01:17:12,960
uh are not necessarily uh

1722
01:17:12,960 --> 01:17:17,760
responsible for any uh

1723
01:17:17,760 --> 01:17:19,520
failure of the rot to meet current

1724
01:17:19,520 --> 01:17:21,840
standards and i'm not even sure

1725
01:17:21,840 --> 01:17:24,080
that it was the real subdivision that

1726
01:17:24,080 --> 01:17:25,280
caused the problem

1727
01:17:25,280 --> 01:17:27,760
uh the current problem i think at least

1728
01:17:27,760 --> 01:17:30,000
with respect to this particular lodge

1729
01:17:30,000 --> 01:17:33,040
you know we've seen how the topography

1730
01:17:33,040 --> 01:17:35,440
and the uh environmental conditions

1731
01:17:35,440 --> 01:17:36,239
impact

1732
01:17:36,239 --> 01:17:39,360
the development there's been no evidence

1733
01:17:39,360 --> 01:17:42,640
thus far to show what

1734
01:17:42,640 --> 01:17:45,760
the overall

1735
01:17:45,760 --> 01:17:50,560
parts look like and also whether

1736
01:17:50,560 --> 01:17:53,360
a house could have been built or could

1737
01:17:53,360 --> 01:17:54,239
be built

1738
01:17:54,239 --> 01:17:57,520
with less impact on the environmental

1739
01:17:57,520 --> 01:17:58,400
conditions

1740
01:17:58,400 --> 01:18:01,040
have the property not been subdivided

1741
01:18:01,040 --> 01:18:02,320
into two rods

1742
01:18:02,320 --> 01:18:06,229
back in 1994.

1743
01:18:06,239 --> 01:18:08,080
what you have before you what you have

1744
01:18:08,080 --> 01:18:09,280
before you are

1745
01:18:09,280 --> 01:18:12,400
two applications for variances for the

1746
01:18:12,400 --> 01:18:14,320
construction of hot of watts

1747
01:18:14,320 --> 01:18:17,120
on two construction of homes on two

1748
01:18:17,120 --> 01:18:17,920
watts

1749
01:18:17,920 --> 01:18:20,640
that are by all accounts and of

1750
01:18:20,640 --> 01:18:21,440
themselves

1751
01:18:21,440 --> 01:18:24,480
a lot today it's not a situation where

1752
01:18:24,480 --> 01:18:26,239
the lots were subdivided

1753
01:18:26,239 --> 01:18:32,880
into uh well let me strike that so i'll leave my

1754
01:18:32,880 --> 01:18:35,360
comments where they were

1755
01:18:35,360 --> 01:18:39,520
i'm chairman may i yes please

1756
01:18:39,520 --> 01:18:41,760
the original property owner was homes

1757
01:18:41,760 --> 01:18:42,640
america that

1758
01:18:42,640 --> 01:18:44,640
gentleman transferred the property to

1759
01:18:44,640 --> 01:18:45,679
his himself

1760
01:18:45,679 --> 01:18:48,880
at some point or his estate and then the

1761
01:18:48,880 --> 01:18:50,800
property went to his family

1762
01:18:50,800 --> 01:18:53,760
as as someone member of his family so

1763
01:18:53,760 --> 01:18:54,719
the property was

1764
01:18:54,719 --> 01:18:57,120
in ownership by the same person when it

1765
01:18:57,120 --> 01:18:59,600
was subdivided and created the problem

1766
01:18:59,600 --> 01:19:01,760
and then however how it got it's still

1767
01:19:01,760 --> 01:19:03,199
within the same family

1768
01:19:03,199 --> 01:19:06,960
unit i don't know the actual uh

1769
01:19:06,960 --> 01:19:09,760
relationship but at least unless unless

1770
01:19:09,760 --> 01:19:10,239
the

1771
01:19:10,239 --> 01:19:13,040
these have changed uh the my review

1772
01:19:13,040 --> 01:19:14,800
prior to this

1773
01:19:14,800 --> 01:19:18,000
hearing was that that is a

1774
01:19:18,000 --> 01:19:21,679
family um

1775
01:19:21,679 --> 01:19:23,600
buy it or whatever i don't know it's all

1776
01:19:23,600 --> 01:19:25,120
within the same family

1777
01:19:25,120 --> 01:19:29,040
so it's an inheritance i guess or a uh

1778
01:19:29,040 --> 01:19:32,320
a trust that that i think they did

1779
01:19:32,320 --> 01:19:36,080
so uh i don't necessarily agree with the

1780
01:19:36,080 --> 01:19:37,280
uh

1781
01:19:37,280 --> 01:19:39,440
with the attorney's uh opinion on that i

1782
01:19:39,440 --> 01:19:40,560
think that that

1783
01:19:40,560 --> 01:19:43,760
it was it is and was family uh

1784
01:19:43,760 --> 01:19:47,120
property and i don't i they

1785
01:19:47,120 --> 01:19:48,960
town has some responsibility in that

1786
01:19:48,960 --> 01:19:54,640
because that's when they allowed that uh re-subdivision

1787
01:19:54,640 --> 01:19:56,480
uh that you know the constrictions were

1788
01:19:56,480 --> 01:19:58,880
still there at that time so

1789
01:19:58,880 --> 01:20:00,560
you know they have the they have the

1790
01:20:00,560 --> 01:20:02,800
right to build on the lot but they have

1791
01:20:02,800 --> 01:20:04,800
a responsibility to live within build it

1792
01:20:04,800 --> 01:20:05,920
within the means

1793
01:20:05,920 --> 01:20:08,480
that the law allows and it's not

1794
01:20:08,480 --> 01:20:09,840
certainly not utilization of the

1795
01:20:09,840 --> 01:20:11,360
existing right-of-way and it's certainly

1796
01:20:11,360 --> 01:20:12,320
not

1797
01:20:12,320 --> 01:20:16,159
uh encroachment on

1798
01:20:16,159 --> 01:20:17,760
these restrictions that they already

1799
01:20:17,760 --> 01:20:19,360
knew was there

1800
01:20:19,360 --> 01:20:23,110
thank you

1801
01:20:23,120 --> 01:20:25,600
madam chairman this is bill watson may i

1802
01:20:25,600 --> 01:20:26,800
try to clear up some of the

1803
01:20:26,800 --> 01:20:29,040
misconceptions here

1804
01:20:29,040 --> 01:20:33,679
yes you may thank you

1805
01:20:33,679 --> 01:20:36,880
in 1994 holmes america was the owner of

1806
01:20:36,880 --> 01:20:39,120
these lots

1807
01:20:39,120 --> 01:20:43,679
and at that time

1808
01:20:43,679 --> 01:20:45,679
rickerson's subdivision consisted of a

1809
01:20:45,679 --> 01:20:49,840
bunch of 25 foot by 100 foot lots

1810
01:20:49,840 --> 01:20:53,440
this site lot 31r and 32r

1811
01:20:53,440 --> 01:20:56,880
consisted of a handful of those 25 by

1812
01:20:56,880 --> 01:20:58,840
100 foot or larger

1813
01:20:58,840 --> 01:21:03,360
lots the zoning ordinance

1814
01:21:03,360 --> 01:21:07,199
is silent on the term replay

1815
01:21:07,199 --> 01:21:10,400
and it got started being bandied about

1816
01:21:10,400 --> 01:21:12,960
uh while i was owning administrator but

1817
01:21:12,960 --> 01:21:14,880
this was something prior to me when john

1818
01:21:14,880 --> 01:21:16,159
hoffman was the

1819
01:21:16,159 --> 01:21:17,679
host the administrator of the town

1820
01:21:17,679 --> 01:21:19,520
engineer

1821
01:21:19,520 --> 01:21:21,199
this obviously went through the planning

1822
01:21:21,199 --> 01:21:22,960
commission jim barrett

1823
01:21:22,960 --> 01:21:24,560
as the chairman of the planning

1824
01:21:24,560 --> 01:21:26,400
commission signed it

1825
01:21:26,400 --> 01:21:29,440
he went to all other agencies including

1826
01:21:29,440 --> 01:21:30,800
the health department even though it's

1827
01:21:30,800 --> 01:21:32,880
on public war and sewer

1828
01:21:32,880 --> 01:21:36,960
and it went to record um

1829
01:21:36,960 --> 01:21:41,440
no um subdivision really occurred

1830
01:21:41,440 --> 01:21:44,960
all that occurred was grouping lots

1831
01:21:44,960 --> 01:21:50,950
into building sites and

1832
01:21:50,960 --> 01:21:54,159
using one new line of division

1833
01:21:54,159 --> 01:21:56,639
along the center line of a sewer line

1834
01:21:56,639 --> 01:21:57,360
which

1835
01:21:57,360 --> 01:21:59,679
made only perfect sense to have that run

1836
01:21:59,679 --> 01:22:01,520
down the division line between

1837
01:22:01,520 --> 01:22:03,920
two building sites so that you don't

1838
01:22:03,920 --> 01:22:05,440
have somebody trying to build a house

1839
01:22:05,440 --> 01:22:07,679
over top of an existing sewer

1840
01:22:07,679 --> 01:22:09,840
and you may or may not be aware but that

1841
01:22:09,840 --> 01:22:11,679
sewer line has been very problematic

1842
01:22:11,679 --> 01:22:13,840
over the years

1843
01:22:13,840 --> 01:22:17,920
so if anything these

1844
01:22:17,920 --> 01:22:21,360
watts as we call them today 31

1845
01:22:21,360 --> 01:22:25,199
32r have been made larger they were done

1846
01:22:25,199 --> 01:22:28,320
through proper review and approval by

1847
01:22:28,320 --> 01:22:29,920
the planning commission of chesapeake

1848
01:22:29,920 --> 01:22:31,040
beach

1849
01:22:31,040 --> 01:22:33,760
and do it recorded in the land records

1850
01:22:33,760 --> 01:22:35,760
they were not a subdivision where you

1851
01:22:35,760 --> 01:22:36,480
take

1852
01:22:36,480 --> 01:22:39,040
a single piece of property and create

1853
01:22:39,040 --> 01:22:41,199
multiple pieces of property

1854
01:22:41,199 --> 01:22:44,480
they were combining multiple pieces into

1855
01:22:44,480 --> 01:22:47,199
lesser pieces that's the idea of

1856
01:22:47,199 --> 01:22:48,400
replanting

1857
01:22:48,400 --> 01:22:53,679
thank you at this time

1858
01:22:53,679 --> 01:22:57,440
um i'd like to hear

1859
01:22:57,440 --> 01:23:04,830
um if there's more from the board if not

1860
01:23:04,840 --> 01:23:08,709
um

1861
01:23:08,719 --> 01:23:12,400
madam chair this is prince sussman

1862
01:23:12,400 --> 01:23:15,840
yes sir yeah uh may i know it's a little

1863
01:23:15,840 --> 01:23:16,159
bit

1864
01:23:16,159 --> 01:23:19,120
out of order but may i ask mr jacoby

1865
01:23:19,120 --> 01:23:23,030
asked a question about process

1866
01:23:23,040 --> 01:23:26,560
yes you may uh mr takubiak

1867
01:23:26,560 --> 01:23:28,480
with respect to the issue about

1868
01:23:28,480 --> 01:23:30,639
stormwater management

1869
01:23:30,639 --> 01:23:33,360
and stormwater runoff is that something

1870
01:23:33,360 --> 01:23:35,360
that would typically be addressed

1871
01:23:35,360 --> 01:23:39,270
at the building permit stage

1872
01:23:39,280 --> 01:23:42,560
yes um after this project were

1873
01:23:42,560 --> 01:23:44,400
if it were approved it would come to me

1874
01:23:44,400 --> 01:23:45,600
as a a

1875
01:23:45,600 --> 01:23:48,320
site plan application it would be

1876
01:23:48,320 --> 01:23:52,320
reviewed by me and the town engineer

1877
01:23:52,320 --> 01:23:55,760
if it were approved uh it would

1878
01:23:55,760 --> 01:23:59,360
obtain a zoning permit and then a um

1879
01:23:59,360 --> 01:24:00,800
an application would be made for a

1880
01:24:00,800 --> 01:24:02,480
building permit

1881
01:24:02,480 --> 01:24:04,159
so these types of impacts would be

1882
01:24:04,159 --> 01:24:06,400
evaluated

1883
01:24:06,400 --> 01:24:08,560
by professionals at that time before any

1884
01:24:08,560 --> 01:24:13,430
permits were issued

1885
01:24:13,440 --> 01:24:16,400
and with respect to the use of the

1886
01:24:16,400 --> 01:24:17,679
public right-of-way

1887
01:24:17,679 --> 01:24:19,600
is that something that also would be

1888
01:24:19,600 --> 01:24:20,880
evaluated

1889
01:24:20,880 --> 01:24:24,400
at the time of building permit

1890
01:24:24,400 --> 01:24:27,590
absolutely

1891
01:24:27,600 --> 01:24:30,400
in fact what we do now is whenever

1892
01:24:30,400 --> 01:24:32,159
there's a proposal for

1893
01:24:32,159 --> 01:24:35,760
the addition of any improvement

1894
01:24:35,760 --> 01:24:38,880
in a right-of-way like a driveway apron

1895
01:24:38,880 --> 01:24:41,280
we refer to the town public works and

1896
01:24:41,280 --> 01:24:42,800
town engineer

1897
01:24:42,800 --> 01:24:45,040
and i can assure you that this would be

1898
01:24:45,040 --> 01:24:46,239
referred

1899
01:24:46,239 --> 01:24:48,880
to those uh individuals right away once

1900
01:24:48,880 --> 01:24:49,280
it

1901
01:24:49,280 --> 01:24:52,560
arrived at on my desk

1902
01:24:52,560 --> 01:24:59,199
thank you

1903
01:24:59,199 --> 01:25:03,040
okay um is there any more discussion

1904
01:25:03,040 --> 01:25:04,560
from the board

1905
01:25:04,560 --> 01:25:07,120
i i have one more question for mr

1906
01:25:07,120 --> 01:25:08,000
jacobiak

1907
01:25:08,000 --> 01:25:13,840
uh dave ferguson here

1908
01:25:13,840 --> 01:25:17,679
along the same lines uh mr jacobiak the

1909
01:25:17,679 --> 01:25:21,120
uh removal of the pavement

1910
01:25:21,120 --> 01:25:24,639
that is currently the turnaround from

1911
01:25:24,639 --> 01:25:28,719
that right of way uh

1912
01:25:28,719 --> 01:25:31,920
in front of this this property

1913
01:25:31,920 --> 01:25:36,239
um that um

1914
01:25:36,239 --> 01:25:38,320
would also need to be approved as part

1915
01:25:38,320 --> 01:25:42,560
of the building you know

1916
01:25:42,560 --> 01:25:47,120
application the uh permit application

1917
01:25:47,120 --> 01:25:49,679
in the sense that it's located in the

1918
01:25:49,679 --> 01:25:52,480
municipal right-of-way

1919
01:25:52,480 --> 01:25:54,239
and it's work being done in the right of

1920
01:25:54,239 --> 01:25:57,280
way yes it would have to be approved

1921
01:25:57,280 --> 01:26:00,560
um i um you know the town

1922
01:26:00,560 --> 01:26:03,120
doesn't have its own streets and roads

1923
01:26:03,120 --> 01:26:04,239
ordinance

1924
01:26:04,239 --> 01:26:07,199
we adopt the calvert county road

1925
01:26:07,199 --> 01:26:09,280
ordinance

1926
01:26:09,280 --> 01:26:11,199
and in the calvert county road ordinance

1927
01:26:11,199 --> 01:26:12,719
there is discussion of a t

1928
01:26:12,719 --> 01:26:15,920
turnaround as a

1929
01:26:15,920 --> 01:26:18,639
solution to dead end streets and new

1930
01:26:18,639 --> 01:26:20,320
subdivisions

1931
01:26:20,320 --> 01:26:23,120
but even reading that one would suggest

1932
01:26:23,120 --> 01:26:24,400
it's not required

1933
01:26:24,400 --> 01:26:27,120
at this level however the town engineer

1934
01:26:27,120 --> 01:26:28,639
may say

1935
01:26:28,639 --> 01:26:31,120
we need that we need to see it on this

1936
01:26:31,120 --> 01:26:33,040
plan or we need to see

1937
01:26:33,040 --> 01:26:36,080
how this public improvement

1938
01:26:36,080 --> 01:26:38,960
would be the loss of the public

1939
01:26:38,960 --> 01:26:41,040
improvement be mitigated

1940
01:26:41,040 --> 01:26:43,280
by the person removing it right so it's

1941
01:26:43,280 --> 01:26:45,199
quite possible that this would be an

1942
01:26:45,199 --> 01:26:47,199
issue and a concern and a condition of

1943
01:26:47,199 --> 01:26:48,960
final approval

1944
01:26:48,960 --> 01:26:52,000
by myself as zoning administrator but

1945
01:26:52,000 --> 01:26:53,360
it's going to take review by

1946
01:26:53,360 --> 01:26:56,480
the town engineer uh and some discussion

1947
01:26:56,480 --> 01:26:57,679
about

1948
01:26:57,679 --> 01:27:00,960
traffic flow how often is it necessary

1949
01:27:00,960 --> 01:27:01,520
is there

1950
01:27:01,520 --> 01:27:04,800
does it warrant a turnaround

1951
01:27:04,800 --> 01:27:06,560
you know those can we manage it in

1952
01:27:06,560 --> 01:27:08,880
different ways does the driveway that

1953
01:27:08,880 --> 01:27:10,560
the applicant's providing provides

1954
01:27:10,560 --> 01:27:12,000
sufficient

1955
01:27:12,000 --> 01:27:13,600
means for someone to pull in and pull

1956
01:27:13,600 --> 01:27:16,080
out which is quite typical on a dead-end

1957
01:27:16,080 --> 01:27:16,880
street

1958
01:27:16,880 --> 01:27:19,360
at low volumes like this so all those

1959
01:27:19,360 --> 01:27:20,400
discussions would be

1960
01:27:20,400 --> 01:27:24,229
had at that time

1961
01:27:24,239 --> 01:27:27,280
it seems to me that you know that is

1962
01:27:27,280 --> 01:27:29,360
something the town will have to deal

1963
01:27:29,360 --> 01:27:30,320
with

1964
01:27:30,320 --> 01:27:34,800
i agree and uh you know that's

1965
01:27:34,800 --> 01:27:38,560
going to be a whole different matter um

1966
01:27:38,560 --> 01:27:41,920
but i i certainly think it it needs to

1967
01:27:41,920 --> 01:27:43,440
be addressed for that for that

1968
01:27:43,440 --> 01:27:45,760
neighborhood

1969
01:27:45,760 --> 01:27:47,600
actually appreciate mr coldsmith

1970
01:27:47,600 --> 01:27:48,800
bringing it up because

1971
01:27:48,800 --> 01:27:51,040
it really wasn't apparent to a lot of us

1972
01:27:51,040 --> 01:27:52,880
we don't get there very often

1973
01:27:52,880 --> 01:27:54,719
and uh it didn't show up in a first

1974
01:27:54,719 --> 01:27:56,719
cursory review of the aerial photography

1975
01:27:56,719 --> 01:27:57,679
then all of a sudden

1976
01:27:57,679 --> 01:28:01,120
boom there it was and it it predates all

1977
01:28:01,120 --> 01:28:01,600
of us

1978
01:28:01,600 --> 01:28:05,199
so um you know it's not used often

1979
01:28:05,199 --> 01:28:08,000
except for parking which wasn't its

1980
01:28:08,000 --> 01:28:10,159
desired intent

1981
01:28:10,159 --> 01:28:13,280
but we're concerned about it and would

1982
01:28:13,280 --> 01:28:15,280
want to make sure that somehow it's

1983
01:28:15,280 --> 01:28:16,960
addressed i don't know what the solution

1984
01:28:16,960 --> 01:28:17,360
is

1985
01:28:17,360 --> 01:28:20,080
but in fact if the board of appeals

1986
01:28:20,080 --> 01:28:25,840
provided guidance to us in a decision that we would act on

1987
01:28:25,840 --> 01:28:27,120
it and

1988
01:28:27,120 --> 01:28:28,880
even provide reports back to the board

1989
01:28:28,880 --> 01:28:32,070
if it was necessary

1990
01:28:32,080 --> 01:28:36,480
yeah i i'm ready to entertain the motion

1991
01:28:36,480 --> 01:28:39,520
i have one question madam chair

1992
01:28:39,520 --> 01:28:42,480
well actually several uh this is frank

1993
01:28:42,480 --> 01:28:44,400
white fw contracting i own the second

1994
01:28:44,400 --> 01:28:46,080
lot

1995
01:28:46,080 --> 01:28:47,840
uh first law is owned by one of my

1996
01:28:47,840 --> 01:28:50,080
customers and the second lot was owned

1997
01:28:50,080 --> 01:28:50,960
by me for

1998
01:28:50,960 --> 01:28:54,950
a second customer

1999
01:28:54,960 --> 01:28:57,360
and we had an email today about the

2000
01:28:57,360 --> 01:28:59,199
possible raising of the house and

2001
01:28:59,199 --> 01:29:01,360
i don't have a problem with that

2002
01:29:01,360 --> 01:29:02,719
whatsoever

2003
01:29:02,719 --> 01:29:05,360
uh if we raise it and there's parking

2004
01:29:05,360 --> 01:29:06,159
underneath

2005
01:29:06,159 --> 01:29:07,520
i'm willing to work with the town on

2006
01:29:07,520 --> 01:29:11,040
that i don't have a problem with that um

2007
01:29:11,040 --> 01:29:12,480
the property was actually bought by

2008
01:29:12,480 --> 01:29:14,480
homes america the wife

2009
01:29:14,480 --> 01:29:17,440
herself uh extremely lovely woman very

2010
01:29:17,440 --> 01:29:18,480
hap very nice

2011
01:29:18,480 --> 01:29:22,320
person uh so we bought the hat we bought

2012
01:29:22,320 --> 01:29:23,760
the property based on

2013
01:29:23,760 --> 01:29:26,000
our customers because they love the

2014
01:29:26,000 --> 01:29:27,679
street they love the neighborhood they

2015
01:29:27,679 --> 01:29:28,960
love the town and

2016
01:29:28,960 --> 01:29:32,159
where they want to live and

2017
01:29:32,159 --> 01:29:34,159
of course we had a scurry around today

2018
01:29:34,159 --> 01:29:35,520
based on the email

2019
01:29:35,520 --> 01:29:38,480
we got today based on placing the house

2020
01:29:38,480 --> 01:29:39,840
forward backwards

2021
01:29:39,840 --> 01:29:42,320
raising it just so many things at the

2022
01:29:42,320 --> 01:29:43,120
last what

2023
01:29:43,120 --> 01:29:45,920
four hours before the meeting and i

2024
01:29:45,920 --> 01:29:47,360
don't have a problem working with

2025
01:29:47,360 --> 01:29:51,360
that at all um as far as the parking is

2026
01:29:51,360 --> 01:29:52,080
concerned

2027
01:29:52,080 --> 01:29:55,760
the the parking that's there now um

2028
01:29:55,760 --> 01:29:58,080
again it's supposed to be a turnaround

2029
01:29:58,080 --> 01:29:59,360
not parking

2030
01:29:59,360 --> 01:30:02,000
and the picture that was shown earlier

2031
01:30:02,000 --> 01:30:04,159
shows three cars and there's typically

2032
01:30:04,159 --> 01:30:07,199
five cars there um so

2033
01:30:07,199 --> 01:30:10,880
when i bought a lot before the one lot

2034
01:30:10,880 --> 01:30:12,960
my customer bought the other lot

2035
01:30:12,960 --> 01:30:14,719
uh i scoured the neighborhood to find

2036
01:30:14,719 --> 01:30:16,239
out who owned the property ruined the

2037
01:30:16,239 --> 01:30:17,840
cars

2038
01:30:17,840 --> 01:30:20,239
to sort it out and the neighbor directly

2039
01:30:20,239 --> 01:30:21,199
across the street

2040
01:30:21,199 --> 01:30:23,520
that doesn't have a driveway he

2041
01:30:23,520 --> 01:30:26,000
apparently owns all the cars

2042
01:30:26,000 --> 01:30:28,320
um and i told him we'd have to work with

2043
01:30:28,320 --> 01:30:29,679
him trying to sort it out because i

2044
01:30:29,679 --> 01:30:31,199
didn't know

2045
01:30:31,199 --> 01:30:33,040
who paved it who didn't pave it i was

2046
01:30:33,040 --> 01:30:34,800
trying to sort all out i've got several

2047
01:30:34,800 --> 01:30:37,600
houses in north beach i'm building

2048
01:30:37,600 --> 01:30:40,719
i was told from the neighbor that

2049
01:30:40,719 --> 01:30:43,280
the town paved it but then the town told

2050
01:30:43,280 --> 01:30:44,239
me

2051
01:30:44,239 --> 01:30:47,760
he paved it so i don't know who paved it

2052
01:30:47,760 --> 01:30:48,480
um

2053
01:30:48,480 --> 01:30:51,120
i thought it was just a part a spot for

2054
01:30:51,120 --> 01:30:52,800
him to park

2055
01:30:52,800 --> 01:30:54,560
but now i realize that this is supposed

2056
01:30:54,560 --> 01:30:58,149
to be a turnaround well

2057
01:30:58,159 --> 01:31:00,239
if there's five cars parked there for

2058
01:31:00,239 --> 01:31:01,440
starters

2059
01:31:01,440 --> 01:31:04,400
and even if i move the turn around to

2060
01:31:04,400 --> 01:31:06,560
the end of the street

2061
01:31:06,560 --> 01:31:08,800
who's to say four or five more cars

2062
01:31:08,800 --> 01:31:11,040
won't park there

2063
01:31:11,040 --> 01:31:12,480
so who who's going who's going to

2064
01:31:12,480 --> 01:31:14,719
enforce that um

2065
01:31:14,719 --> 01:31:17,600
i have no problems working with the town

2066
01:31:17,600 --> 01:31:18,080
on this

2067
01:31:18,080 --> 01:31:20,880
along with barrett uh this is why i

2068
01:31:20,880 --> 01:31:22,159
hired them

2069
01:31:22,159 --> 01:31:25,840
um and again we're just trying to

2070
01:31:25,840 --> 01:31:28,800
build a home for people that's pretty

2071
01:31:28,800 --> 01:31:30,320
much it um

2072
01:31:30,320 --> 01:31:36,390
well thanks a lot uh appreciate it um

2073
01:31:36,400 --> 01:31:39,760
we're closing uh the comment period now

2074
01:31:39,760 --> 01:31:42,840
and the board needs to go into

2075
01:31:42,840 --> 01:31:46,950
deliberation

2076
01:31:46,960 --> 01:31:52,229
at this time

2077
01:31:52,239 --> 01:32:02,870
thank you

2078
01:32:02,880 --> 01:32:16,550
would like to go first

2079
01:32:16,560 --> 01:32:20,870
madam chair david ferguson here uh

2080
01:32:20,880 --> 01:32:23,199
you know it seems to me that the owners

2081
01:32:23,199 --> 01:32:24,400
of the lots

2082
01:32:24,400 --> 01:32:32,080
are uh you know working with their uh you know engineers and and

2083
01:32:32,080 --> 01:32:36,320
developers to try to find a way to

2084
01:32:36,320 --> 01:32:39,600
work within the wetlands setback

2085
01:32:39,600 --> 01:32:42,639
and the uh um

2086
01:32:42,639 --> 01:32:44,560
set back from the street and from the

2087
01:32:44,560 --> 01:32:46,080
town right of way

2088
01:32:46,080 --> 01:32:50,880
um and you know i was impressed by mr

2089
01:32:50,880 --> 01:32:53,120
watson's presentation and the work he's

2090
01:32:53,120 --> 01:32:54,320
done on

2091
01:32:54,320 --> 01:32:56,960
looking into the the drainage and the

2092
01:32:56,960 --> 01:32:59,360
wetlands and the silt fence and

2093
01:32:59,360 --> 01:33:02,480
you know trying to preserve the

2094
01:33:02,480 --> 01:33:04,800
environment

2095
01:33:04,800 --> 01:33:08,480
and i also appreciated uh

2096
01:33:08,480 --> 01:33:11,840
um uh

2097
01:33:11,840 --> 01:33:14,400
i'm sorry your your name is steph on the

2098
01:33:14,400 --> 01:33:16,159
screen uh

2099
01:33:16,159 --> 01:33:19,040
stevenson i think but anyway i

2100
01:33:19,040 --> 01:33:21,040
appreciated your input

2101
01:33:21,040 --> 01:33:24,800
um that's my stage name it's okay okay

2102
01:33:24,800 --> 01:33:27,040
and i appreciate it and by the way i you

2103
01:33:27,040 --> 01:33:28,560
know i've never really done this

2104
01:33:28,560 --> 01:33:31,280
viral video thing but uh i don't mind

2105
01:33:31,280 --> 01:33:32,560
saying i look pretty good on here i

2106
01:33:32,560 --> 01:33:34,719
don't know about you guys but

2107
01:33:34,719 --> 01:33:38,080
well thanks anyway and so uh

2108
01:33:38,080 --> 01:33:40,320
you know appreciate the willingness of

2109
01:33:40,320 --> 01:33:42,159
the applicants

2110
01:33:42,159 --> 01:33:46,800
to uh uh you know build on pilings

2111
01:33:46,800 --> 01:33:49,360
or you know do what they need to

2112
01:33:49,360 --> 01:33:52,880
mitigate the environmental impacts

2113
01:33:52,880 --> 01:33:58,480
my only concern with the application

2114
01:33:58,480 --> 01:34:01,280
before i had it explained to me was the

2115
01:34:01,280 --> 01:34:03,440
seven and a half foot variants from the

2116
01:34:03,440 --> 01:34:04,480
setback

2117
01:34:04,480 --> 01:34:06,080
because i thought it was going to put

2118
01:34:06,080 --> 01:34:07,520
the front of the house seven and a half

2119
01:34:07,520 --> 01:34:09,199
feet from the street

2120
01:34:09,199 --> 01:34:12,639
uh which on a very narrow lane uh

2121
01:34:12,639 --> 01:34:14,880
you know i think is inviting problems

2122
01:34:14,880 --> 01:34:16,239
but since there is

2123
01:34:16,239 --> 01:34:18,000
that's actually a seven and a half foot

2124
01:34:18,000 --> 01:34:19,280
setback

2125
01:34:19,280 --> 01:34:27,199
from the 50-foot wide uh town you know right-of-way easement

2126
01:34:27,199 --> 01:34:37,440
uh so you know that's of a little less concern to me now so i think uh you know for me

2127
01:34:37,440 --> 01:34:42,080
uh i think i could be willing to approve

2128
01:34:42,080 --> 01:34:45,920
the uh the variance uh to the setback

2129
01:34:45,920 --> 01:34:46,960
and to the

2130
01:34:46,960 --> 01:34:50,159
wetland buffer uh with a condition that

2131
01:34:50,159 --> 01:34:50,800
the

2132
01:34:50,800 --> 01:34:53,840
homes be built on pilings uh

2133
01:34:53,840 --> 01:34:56,080
and that there be off street parking

2134
01:34:56,080 --> 01:34:57,360
provided

2135
01:34:57,360 --> 01:35:00,560
and uh also that

2136
01:35:00,560 --> 01:35:03,199
they work with the town to address the

2137
01:35:03,199 --> 01:35:04,000
turnaround

2138
01:35:04,000 --> 01:35:12,830
issue on the street so that's that's my

2139
01:35:12,840 --> 01:35:19,830
input

2140
01:35:19,840 --> 01:35:25,350
you're muted sorry am i moving

2141
01:35:25,360 --> 01:35:30,080
i'm unmuted now um

2142
01:35:30,080 --> 01:35:33,199
i i thought better about things uh about

2143
01:35:33,199 --> 01:35:37,040
the variances being asked for when

2144
01:35:37,040 --> 01:35:39,600
chris made it clear that stormwater

2145
01:35:39,600 --> 01:35:40,840
management

2146
01:35:40,840 --> 01:35:44,080
um you know and that kind of thing is

2147
01:35:44,080 --> 01:35:46,159
going to be addressed at a later stage

2148
01:35:46,159 --> 01:35:48,000
that's not something that if i

2149
01:35:48,000 --> 01:35:49,440
understand correctly

2150
01:35:49,440 --> 01:35:52,800
that we need to address or make as a

2151
01:35:52,800 --> 01:35:53,440
condition

2152
01:35:53,440 --> 01:35:59,830
is that correct chris

2153
01:35:59,840 --> 01:36:03,679
well uh madam chair this fred sussman

2154
01:36:03,679 --> 01:36:08,400
may i speak for a moment all right let me just make this

2155
01:36:08,400 --> 01:36:10,239
observation with russia and members of

2156
01:36:10,239 --> 01:36:11,040
the board

2157
01:36:11,040 --> 01:36:14,560
if the board is inclined to

2158
01:36:14,560 --> 01:36:17,920
uh grant or ask me to prepare a

2159
01:36:17,920 --> 01:36:18,800
resolution

2160
01:36:18,800 --> 01:36:21,119
to approve the variances then what i

2161
01:36:21,119 --> 01:36:22,400
would do is

2162
01:36:22,400 --> 01:36:26,000
uh prepare a series of proposed

2163
01:36:26,000 --> 01:36:27,040
conditions

2164
01:36:27,040 --> 01:36:29,760
for all of you to review and consider

2165
01:36:29,760 --> 01:36:31,119
based upon what we've

2166
01:36:31,119 --> 01:36:33,280
heard you know uh tonight during the

2167
01:36:33,280 --> 01:36:35,040
hearing and then

2168
01:36:35,040 --> 01:36:36,080
yeah you can see whether you're

2169
01:36:36,080 --> 01:36:38,400
satisfied with conditions whether you

2170
01:36:38,400 --> 01:36:41,360
want to erupt eliminate any or add any

2171
01:36:41,360 --> 01:36:42,639
but at least that will give you

2172
01:36:42,639 --> 01:36:44,159
something to look at

2173
01:36:44,159 --> 01:36:47,840
and uh uh it will be more than just

2174
01:36:47,840 --> 01:36:50,840
an approval being approval subject to

2175
01:36:50,840 --> 01:36:53,440
abcde

2176
01:36:53,440 --> 01:36:55,600
okay that that makes a lot of sense i'm

2177
01:36:55,600 --> 01:36:59,270
more comfortable with that i think

2178
01:36:59,280 --> 01:37:01,280
are you willing to make a motion to that

2179
01:37:01,280 --> 01:37:04,870
effect again

2180
01:37:04,880 --> 01:37:06,960
i'm sorry darris are you speaking to me

2181
01:37:06,960 --> 01:37:09,669
yes

2182
01:37:09,679 --> 01:37:11,360
are you willing to put that in the form

2183
01:37:11,360 --> 01:37:13,520
of a motion

2184
01:37:13,520 --> 01:37:17,600
uh madam chair may i help out

2185
01:37:17,600 --> 01:37:20,639
always thank you yeah uh

2186
01:37:20,639 --> 01:37:23,440
you based on what i just heard uh you

2187
01:37:23,440 --> 01:37:25,040
may want to entertain

2188
01:37:25,040 --> 01:37:27,679
a motion from a member of the board that

2189
01:37:27,679 --> 01:37:28,719
the board

2190
01:37:28,719 --> 01:37:32,000
direct counsel to the board to

2191
01:37:32,000 --> 01:37:35,280
prepare a resolution to grant the two

2192
01:37:35,280 --> 01:37:38,320
variances and along with

2193
01:37:38,320 --> 01:37:42,480
uh conditions that council may recommend

2194
01:37:42,480 --> 01:37:45,760
based upon the evidence and testimony

2195
01:37:45,760 --> 01:37:51,109
presented at the hearing

2196
01:37:51,119 --> 01:37:52,719
well i would certainly like to make that

2197
01:37:52,719 --> 01:37:54,400
motion

2198
01:37:54,400 --> 01:37:57,040
jody did you have any comments yeah

2199
01:37:57,040 --> 01:38:00,320
before jan gets started um uh before you

2200
01:38:00,320 --> 01:38:01,040
go with this

2201
01:38:01,040 --> 01:38:03,679
the conditions um i'm of the opinion

2202
01:38:03,679 --> 01:38:05,679
that conditions are not necessary here

2203
01:38:05,679 --> 01:38:08,560
um i think that the next step in the

2204
01:38:08,560 --> 01:38:09,440
process where

2205
01:38:09,440 --> 01:38:12,000
the building goes for its own goes to

2206
01:38:12,000 --> 01:38:13,440
chris as the zoning administrator and

2207
01:38:13,440 --> 01:38:14,480
the town engineer

2208
01:38:14,480 --> 01:38:16,719
uh sufficient and that they will handle

2209
01:38:16,719 --> 01:38:19,840
uh any any kind of conditions we put on

2210
01:38:19,840 --> 01:38:22,960
in this meeting here um i find thus far

2211
01:38:22,960 --> 01:38:24,000
that are

2212
01:38:24,000 --> 01:38:26,480
it's not really our responsibility as

2213
01:38:26,480 --> 01:38:28,960
the board of appeals to re-evaluate the

2214
01:38:28,960 --> 01:38:32,159
lot consolidation of 94. all of the

2215
01:38:32,159 --> 01:38:34,480
proposals put forward

2216
01:38:34,480 --> 01:38:36,560
by the engineers and planners i believe

2217
01:38:36,560 --> 01:38:38,480
are very reasonable given

2218
01:38:38,480 --> 01:38:41,920
the zoning of this particular lot

2219
01:38:41,920 --> 01:38:45,040
i do hear the uh complaint from mr

2220
01:38:45,040 --> 01:38:46,320
coldstone about

2221
01:38:46,320 --> 01:38:48,560
colt smith about the right-of-way and

2222
01:38:48,560 --> 01:38:50,000
the t turnaround

2223
01:38:50,000 --> 01:38:52,400
um but once again i don't i don't think

2224
01:38:52,400 --> 01:38:53,520
that falls

2225
01:38:53,520 --> 01:38:56,159
into the jurisdiction of the plan

2226
01:38:56,159 --> 01:38:58,560
propose us here today um

2227
01:38:58,560 --> 01:39:01,440
so i think i i would like to move

2228
01:39:01,440 --> 01:39:03,040
forward without conditions

2229
01:39:03,040 --> 01:39:06,320
on uh this particular uh issue but that

2230
01:39:06,320 --> 01:39:10,080
i will take other opinions on that

2231
01:39:10,080 --> 01:39:12,239
jody this is dave i i would have to

2232
01:39:12,239 --> 01:39:14,639
disagree with you on the conditions

2233
01:39:14,639 --> 01:39:17,760
uh because if we're going to

2234
01:39:17,760 --> 01:39:21,600
in particular on the the wetland buffer

2235
01:39:21,600 --> 01:39:24,960
if we're going to uh grant

2236
01:39:24,960 --> 01:39:31,520
uh you know a variance to that very important environmental buffer

2237
01:39:31,520 --> 01:39:33,840
i think there need to be conditions

2238
01:39:33,840 --> 01:39:36,960
you know such as uh you know

2239
01:39:36,960 --> 01:39:40,159
building on pilings when you consider

2240
01:39:40,159 --> 01:39:46,080
the uh 2050 uh projected floodplain that

2241
01:39:46,080 --> 01:39:51,840
mr jacubiak showed us i think it needs to be you know for the

2242
01:39:51,840 --> 01:39:55,040
house to be viable 30 years from now

2243
01:39:55,040 --> 01:39:59,199
uh you know in an area that will be

2244
01:39:59,199 --> 01:40:01,679
very likely subject to you know a lot

2245
01:40:01,679 --> 01:40:03,840
more flooding than it is today

2246
01:40:03,840 --> 01:40:06,080
i i think that needs to be a condition i

2247
01:40:06,080 --> 01:40:07,920
would hate to see

2248
01:40:07,920 --> 01:40:11,040
a builder build a a place

2249
01:40:11,040 --> 01:40:14,239
that in the future uh

2250
01:40:14,239 --> 01:40:16,320
you know science tells us is likely to

2251
01:40:16,320 --> 01:40:17,600
be flooded

2252
01:40:17,600 --> 01:40:20,080
i i entirely agree with you i i think

2253
01:40:20,080 --> 01:40:22,080
the incentive structure here is that

2254
01:40:22,080 --> 01:40:24,159
uh the builders and the owners and the

2255
01:40:24,159 --> 01:40:25,600
engineers and all the people with

2256
01:40:25,600 --> 01:40:27,119
expertise in this room

2257
01:40:27,119 --> 01:40:28,639
are not going to try and build a house

2258
01:40:28,639 --> 01:40:31,920
that's underwater 20 years from now

2259
01:40:31,920 --> 01:40:34,000
i don't want to tie their hands with

2260
01:40:34,000 --> 01:40:35,679
artificial restrictions

2261
01:40:35,679 --> 01:40:38,960
when we don't have the full lay of the

2262
01:40:38,960 --> 01:40:40,400
land so to speak

2263
01:40:40,400 --> 01:40:42,880
i think that's our job i think that's

2264
01:40:42,880 --> 01:40:44,719
our job to be sure

2265
01:40:44,719 --> 01:40:46,800
that they meet those conditions if we're

2266
01:40:46,800 --> 01:40:48,239
going to grant

2267
01:40:48,239 --> 01:40:52,320
a variance variants that putting in

2268
01:40:52,320 --> 01:40:55,280
pilings is the engineer's best

2269
01:40:55,280 --> 01:40:56,400
recommendation

2270
01:40:56,400 --> 01:40:58,080
given what they know when they get on

2271
01:40:58,080 --> 01:40:59,440
the ground and start building

2272
01:40:59,440 --> 01:41:01,840
um i'd like to leave it up to their

2273
01:41:01,840 --> 01:41:03,520
expertise to build a house

2274
01:41:03,520 --> 01:41:05,600
for their customers and clients that

2275
01:41:05,600 --> 01:41:07,119
last a long time

2276
01:41:07,119 --> 01:41:09,520
um and not necessarily try and guess

2277
01:41:09,520 --> 01:41:10,480
being that that is not

2278
01:41:10,480 --> 01:41:13,040
my area of expertise but i i do

2279
01:41:13,040 --> 01:41:14,080
appreciate your thoughts

2280
01:41:14,080 --> 01:41:16,639
and i'm not dismissing them i entirely

2281
01:41:16,639 --> 01:41:17,360
agree

2282
01:41:17,360 --> 01:41:20,400
um trying to plan ahead for things we

2283
01:41:20,400 --> 01:41:21,119
don't know

2284
01:41:21,119 --> 01:41:34,870
i think is where i get a little hesitant

2285
01:41:34,880 --> 01:41:36,159
i guess you and i are gonna have to

2286
01:41:36,159 --> 01:41:39,199
agree to disagree on that

2287
01:41:39,199 --> 01:41:42,880
well uh this is jan again uh could i ask

2288
01:41:42,880 --> 01:41:43,360
chris

2289
01:41:43,360 --> 01:41:46,560
to clarify for

2290
01:41:46,560 --> 01:41:50,960
us what's you know if we approve this

2291
01:41:50,960 --> 01:41:52,560
variance

2292
01:41:52,560 --> 01:41:56,719
what this builder now has to go through

2293
01:41:56,719 --> 01:41:58,719
whether it's stormwater management

2294
01:41:58,719 --> 01:42:01,040
whether it's you know anything

2295
01:42:01,040 --> 01:42:04,159
else related to this law because if if

2296
01:42:04,159 --> 01:42:05,760
that's going to be handled by somebody

2297
01:42:05,760 --> 01:42:07,679
else then it's not something that we

2298
01:42:07,679 --> 01:42:09,520
i said storm water management i really

2299
01:42:09,520 --> 01:42:12,000
meant everything to do with this law

2300
01:42:12,000 --> 01:42:15,199
the practice practicality of it um

2301
01:42:15,199 --> 01:42:16,320
if these things are going to be

2302
01:42:16,320 --> 01:42:18,560
addressed at a later time that's

2303
01:42:18,560 --> 01:42:21,119
i guess that's what i'm asking of chris

2304
01:42:21,119 --> 01:42:22,239
what is going to be

2305
01:42:22,239 --> 01:42:25,920
what specific things relative this lot

2306
01:42:25,920 --> 01:42:27,679
are going to be addressed at a later

2307
01:42:27,679 --> 01:42:29,360
time that we could

2308
01:42:29,360 --> 01:42:32,400
step back and say we approve it but yet

2309
01:42:32,400 --> 01:42:35,119
we would know that it would be

2310
01:42:35,119 --> 01:42:38,239
handled uh appropriately up the line so

2311
01:42:38,239 --> 01:42:42,239
to speak

2312
01:42:42,239 --> 01:42:46,709
um

2313
01:42:46,719 --> 01:42:49,760
these lots are in the critical area

2314
01:42:49,760 --> 01:42:52,719
so they're subject to a heightened level

2315
01:42:52,719 --> 01:42:54,560
of review

2316
01:42:54,560 --> 01:42:57,520
um because they're in the critical area

2317
01:42:57,520 --> 01:43:00,560
they will be subject to the

2318
01:43:00,560 --> 01:43:03,600
review by the county uh for grading

2319
01:43:03,600 --> 01:43:05,119
permits

2320
01:43:05,119 --> 01:43:08,400
and the county will review

2321
01:43:08,400 --> 01:43:11,679
the grading plans um

2322
01:43:11,679 --> 01:43:14,880
the the fact that

2323
01:43:14,880 --> 01:43:16,560
the applicants are considering putting

2324
01:43:16,560 --> 01:43:18,560
them on piles the building or the

2325
01:43:18,560 --> 01:43:20,400
building on a pile here

2326
01:43:20,400 --> 01:43:23,360
pilings suggest to me that the amount of

2327
01:43:23,360 --> 01:43:24,719
grading was going to be

2328
01:43:24,719 --> 01:43:28,400
a lot less which is something that i'm

2329
01:43:28,400 --> 01:43:32,080
pleased to see um and we'll look to that

2330
01:43:32,080 --> 01:43:34,000
to make sure that the grading

2331
01:43:34,000 --> 01:43:38,159
complies with um the the

2332
01:43:38,159 --> 01:43:40,239
stormwater management regulations and

2333
01:43:40,239 --> 01:43:42,639
sediment and erosion control regulations

2334
01:43:42,639 --> 01:43:44,960
that the the county administers so a lot

2335
01:43:44,960 --> 01:43:47,280
of these environmental reviews will be

2336
01:43:47,280 --> 01:43:50,719
done by the county the one thing that

2337
01:43:50,719 --> 01:43:52,639
was offered as testimony tonight was

2338
01:43:52,639 --> 01:43:54,080
that there's

2339
01:43:54,080 --> 01:43:57,119
and i think um ms redeke you picked up

2340
01:43:57,119 --> 01:43:57,760
on it

2341
01:43:57,760 --> 01:44:01,360
was there's water coming down elm lane

2342
01:44:01,360 --> 01:44:04,480
presumably from north right

2343
01:44:04,480 --> 01:44:06,960
and that this property may not even

2344
01:44:06,960 --> 01:44:08,000
impact that

2345
01:44:08,000 --> 01:44:11,119
but it may be impacted by it right so

2346
01:44:11,119 --> 01:44:11,440
the

2347
01:44:11,440 --> 01:44:14,480
applicant will certainly have a

2348
01:44:14,480 --> 01:44:16,880
an interest in making sure that it's not

2349
01:44:16,880 --> 01:44:17,920
flooded out

2350
01:44:17,920 --> 01:44:20,719
when water comes down that road and we

2351
01:44:20,719 --> 01:44:22,000
will too

2352
01:44:22,000 --> 01:44:23,920
um and we'll be very careful to make

2353
01:44:23,920 --> 01:44:25,600
sure that

2354
01:44:25,600 --> 01:44:28,159
the project is designed in such a way as

2355
01:44:28,159 --> 01:44:31,040
to capture divert or otherwise minimize

2356
01:44:31,040 --> 01:44:31,840
the issue

2357
01:44:31,840 --> 01:44:34,480
which may in effect help resolve it for

2358
01:44:34,480 --> 01:44:35,440
the benefit of

2359
01:44:35,440 --> 01:44:37,679
the entire community quite frankly um

2360
01:44:37,679 --> 01:44:39,520
although it's not necessarily their

2361
01:44:39,520 --> 01:44:41,280
obligation to do that

2362
01:44:41,280 --> 01:44:44,159
we certainly don't want water washing

2363
01:44:44,159 --> 01:44:45,840
out a lot

2364
01:44:45,840 --> 01:44:49,679
um so there's this physical um

2365
01:44:49,679 --> 01:44:53,440
regulatory steps will be taken uh

2366
01:44:53,440 --> 01:44:56,480
if this is approved by the uh

2367
01:44:56,480 --> 01:44:58,239
and if you if you make a condition that

2368
01:44:58,239 --> 01:45:00,480
it's on pilings then that's the point at

2369
01:45:00,480 --> 01:45:01,679
which we start

2370
01:45:01,679 --> 01:45:04,719
there's no further deliberations between

2371
01:45:04,719 --> 01:45:07,440
me and trying to enforce the requirement

2372
01:45:07,440 --> 01:45:09,280
that its own pylons

2373
01:45:09,280 --> 01:45:12,480
or the county review we start from

2374
01:45:12,480 --> 01:45:15,760
the standards you've established

2375
01:45:15,760 --> 01:45:19,199
and um well i hope that answers your

2376
01:45:19,199 --> 01:45:20,719
question

2377
01:45:20,719 --> 01:45:23,040
well chris it was your recommendation in

2378
01:45:23,040 --> 01:45:24,320
your report

2379
01:45:24,320 --> 01:45:27,040
that you know if the board approves it

2380
01:45:27,040 --> 01:45:27,760
that

2381
01:45:27,760 --> 01:45:30,560
it should be on pilings right yes that

2382
01:45:30,560 --> 01:45:30,880
was

2383
01:45:30,880 --> 01:45:33,840
the loan condition that i suggested and

2384
01:45:33,840 --> 01:45:34,800
um

2385
01:45:34,800 --> 01:45:37,440
because it allows the uh grading to be

2386
01:45:37,440 --> 01:45:38,239
done

2387
01:45:38,239 --> 01:45:41,199
much much great uh reduced which is the

2388
01:45:41,199 --> 01:45:42,000
big issue

2389
01:45:42,000 --> 01:45:43,760
we don't want grading in the wetland

2390
01:45:43,760 --> 01:45:45,360
buffer particularly when it's

2391
01:45:45,360 --> 01:45:47,280
so close to the edge of the wetland

2392
01:45:47,280 --> 01:45:49,520
itself so um

2393
01:45:49,520 --> 01:45:53,679
and that provides us space to introduce

2394
01:45:53,679 --> 01:45:57,199
um parking you know

2395
01:45:57,199 --> 01:45:59,840
there's less lot coverage on the ground

2396
01:45:59,840 --> 01:46:01,280
there's less construction on the ground

2397
01:46:01,280 --> 01:46:05,040
there's no uh basement or a crawl space

2398
01:46:05,040 --> 01:46:07,119
and grading up to it that's necessary

2399
01:46:07,119 --> 01:46:09,040
so maybe that because of that they can

2400
01:46:09,040 --> 01:46:11,199
accommodate the parking we need on the

2401
01:46:11,199 --> 01:46:12,080
property which

2402
01:46:12,080 --> 01:46:14,639
so helps serve these brother issues

2403
01:46:14,639 --> 01:46:16,400
maybe that rather than 20 feet it ought

2404
01:46:16,400 --> 01:46:18,480
to be 25 feet to make it easier to pull

2405
01:46:18,480 --> 01:46:20,239
in and pull out if you're

2406
01:46:20,239 --> 01:46:22,800
a visitor to the area you know so

2407
01:46:22,800 --> 01:46:23,920
there's a

2408
01:46:23,920 --> 01:46:25,679
i think putting on the pilots gives a

2409
01:46:25,679 --> 01:46:28,080
lot of flexibility to the design of the

2410
01:46:28,080 --> 01:46:30,000
site

2411
01:46:30,000 --> 01:46:32,400
all of the conditions would have to be

2412
01:46:32,400 --> 01:46:36,390
in the resolution correct

2413
01:46:36,400 --> 01:46:40,960
that's correct madam chair so

2414
01:46:40,960 --> 01:46:43,440
these conditions we had are not binding

2415
01:46:43,440 --> 01:46:44,639
in any way that they are

2416
01:46:44,639 --> 01:46:46,719
recommendations that that's what it

2417
01:46:46,719 --> 01:46:48,320
sounds like

2418
01:46:48,320 --> 01:46:52,080
no no well if uh the board

2419
01:46:52,080 --> 01:46:54,560
adopts the resolution with conditions

2420
01:46:54,560 --> 01:46:58,159
that those conditions are binding

2421
01:46:58,159 --> 01:47:04,719
uh now as i said before i can if you all uh can't come to a full

2422
01:47:04,719 --> 01:47:06,000
agreement tonight

2423
01:47:06,000 --> 01:47:08,800
on the conditions the resolution that i

2424
01:47:08,800 --> 01:47:09,520
prepare

2425
01:47:09,520 --> 01:47:12,000
can't propose conditions for you to look

2426
01:47:12,000 --> 01:47:13,440
at and think about

2427
01:47:13,440 --> 01:47:16,320
and continue your discussion another day

2428
01:47:16,320 --> 01:47:17,280
once you see the

2429
01:47:17,280 --> 01:47:20,000
proposed conditions uh if you don't want

2430
01:47:20,000 --> 01:47:21,199
conditions

2431
01:47:21,199 --> 01:47:23,440
and you want to approve the application

2432
01:47:23,440 --> 01:47:34,830
then certainly we can do it that way as

2433
01:47:34,840 --> 01:47:37,040
well

2434
01:47:37,040 --> 01:47:39,920
madam chair procedurally i think miss

2435
01:47:39,920 --> 01:47:40,639
rutkay

2436
01:47:40,639 --> 01:47:43,840
had made a motion uh and

2437
01:47:43,840 --> 01:47:46,800
i don't recall that that motion was ever

2438
01:47:46,800 --> 01:47:47,840
seconded

2439
01:47:47,840 --> 01:47:50,480
no i will second the motion uh mr

2440
01:47:50,480 --> 01:47:52,000
assessment

2441
01:47:52,000 --> 01:47:57,910
thank you

2442
01:47:57,920 --> 01:48:05,360
we now have a motion it's been second

2443
01:48:05,360 --> 01:48:08,800
i will entertain the vote

2444
01:48:08,800 --> 01:48:13,830
mr ferguson yes

2445
01:48:13,840 --> 01:48:15,360
sorry it's been a few minutes what is

2446
01:48:15,360 --> 01:48:16,880
what was the full text of

2447
01:48:16,880 --> 01:48:21,350
what the emotion was about

2448
01:48:21,360 --> 01:48:24,080
the motion was essentially uh that the

2449
01:48:24,080 --> 01:48:24,960
board

2450
01:48:24,960 --> 01:48:27,119
uh directs the test the council to the

2451
01:48:27,119 --> 01:48:28,560
board to prepare

2452
01:48:28,560 --> 01:48:31,119
a resolution that would approve the two

2453
01:48:31,119 --> 01:48:32,239
variances

2454
01:48:32,239 --> 01:48:36,000
and recommend to the board conditions

2455
01:48:36,000 --> 01:48:39,760
uh based upon the

2456
01:48:39,760 --> 01:48:43,920
evidence and testimony presented tonight

2457
01:48:43,920 --> 01:48:46,000
and again let me make it clear that

2458
01:48:46,000 --> 01:48:47,280
those are only

2459
01:48:47,280 --> 01:48:50,560
uh proposed conditioned uh from me

2460
01:48:50,560 --> 01:48:53,280
they're not finding upon you as a board

2461
01:48:53,280 --> 01:48:54,800
you may look at them and say

2462
01:48:54,800 --> 01:48:57,600
as you suggested uh jody no we don't

2463
01:48:57,600 --> 01:48:58,159
want

2464
01:48:58,159 --> 01:49:00,560
any of the conditions or you may agree

2465
01:49:00,560 --> 01:49:02,880
we want condition three but not one two

2466
01:49:02,880 --> 01:49:04,000
four or five

2467
01:49:04,000 --> 01:49:05,760
but at least it will give you something

2468
01:49:05,760 --> 01:49:08,000
to uh think about

2469
01:49:08,000 --> 01:49:10,960
as you continue uh deciding how to deal

2470
01:49:10,960 --> 01:49:12,080
with this

2471
01:49:12,080 --> 01:49:16,550
okay thank you

2472
01:49:16,560 --> 01:49:19,840
okay so you're

2473
01:49:19,840 --> 01:49:28,159
right i voted

2474
01:49:28,159 --> 01:49:31,189
you said approve

2475
01:49:31,199 --> 01:49:54,830
yes okay

2476
01:49:54,840 --> 01:49:58,950
um

2477
01:49:58,960 --> 01:50:01,040
attorney assessment do you need anything

2478
01:50:01,040 --> 01:50:02,000
further from us

2479
01:50:02,000 --> 01:50:04,800
in terms of preparation of the

2480
01:50:04,800 --> 01:50:06,080
resolution

2481
01:50:06,080 --> 01:50:08,400
no matter i've been taking notes and i

2482
01:50:08,400 --> 01:50:10,320
have uh all the exhibits

2483
01:50:10,320 --> 01:50:13,040
so i can uh go from here the only thing

2484
01:50:13,040 --> 01:50:13,760
for purposes

2485
01:50:13,760 --> 01:50:16,560
of uh the record keeping the record

2486
01:50:16,560 --> 01:50:17,280
clean

2487
01:50:17,280 --> 01:50:20,719
uh did you madam chair vote or intend to

2488
01:50:20,719 --> 01:50:21,520
vote on this

2489
01:50:21,520 --> 01:50:24,719
motion no no

2490
01:50:24,719 --> 01:50:28,080
okay no

2491
01:50:28,080 --> 01:50:31,599
doctors can i ask a point of order um

2492
01:50:31,599 --> 01:50:32,880
i know i'm not entitled to it but

2493
01:50:32,880 --> 01:50:34,320
there's something that i'd like to raise

2494
01:50:34,320 --> 01:50:35,920
as a potential issue

2495
01:50:35,920 --> 01:50:39,119
um when you read through the

2496
01:50:39,119 --> 01:50:42,239
roll call you mentioned a board of

2497
01:50:42,239 --> 01:50:43,440
appeals member

2498
01:50:43,440 --> 01:50:45,599
whose face doesn't appear with us

2499
01:50:45,599 --> 01:50:46,639
tonight

2500
01:50:46,639 --> 01:50:49,760
but i thought maybe she was trying to

2501
01:50:49,760 --> 01:50:52,960
enter the discussion

2502
01:50:52,960 --> 01:50:54,400
because as soon as you mention her name

2503
01:50:54,400 --> 01:50:56,880
her you know box lit up and is lighting

2504
01:50:56,880 --> 01:50:59,360
up now could you just ask if that member

2505
01:50:59,360 --> 01:51:00,560
can hear you

2506
01:51:00,560 --> 01:51:02,639
um and see if she's present in this

2507
01:51:02,639 --> 01:51:04,159
discussion for the record

2508
01:51:04,159 --> 01:51:06,800
even though we maybe may have a hard

2509
01:51:06,800 --> 01:51:07,840
time getting

2510
01:51:07,840 --> 01:51:09,920
a vote out of her at least we can know

2511
01:51:09,920 --> 01:51:10,880
if she's present

2512
01:51:10,880 --> 01:51:14,149
for this discussion

2513
01:51:14,159 --> 01:51:16,639
well maybe i will i forgot the member's

2514
01:51:16,639 --> 01:51:20,080
name because she's new um

2515
01:51:20,080 --> 01:51:28,229
kelly stewart kelly stewart are you on this call

2516
01:51:28,239 --> 01:51:30,400
i think that's her number there the one

2517
01:51:30,400 --> 01:51:33,360
that's lit up in green here

2518
01:51:33,360 --> 01:51:34,880
an unfortunately this is a problem with

2519
01:51:34,880 --> 01:51:36,480
this uh platform

2520
01:51:36,480 --> 01:51:39,360
we don't know but i just wanted to bring

2521
01:51:39,360 --> 01:51:40,800
that up to you for the record i don't

2522
01:51:40,800 --> 01:51:42,239
know how you would handle that mr

2523
01:51:42,239 --> 01:51:43,360
sussman but

2524
01:51:43,360 --> 01:51:47,430
i believe we have a member who can't

2525
01:51:47,440 --> 01:51:49,360
express her opinion but she can hear us

2526
01:51:49,360 --> 01:51:50,560
but she can't

2527
01:51:50,560 --> 01:51:55,199
voice her opinion well i haven't heard

2528
01:51:55,199 --> 01:51:59,040
uh she wasn't present at the roll call

2529
01:51:59,040 --> 01:52:01,760
and i haven't heard her uh if she is

2530
01:52:01,760 --> 01:52:02,719
president now

2531
01:52:02,719 --> 01:52:05,119
i haven't heard her attempt to join in

2532
01:52:05,119 --> 01:52:06,719
the discussion

2533
01:52:06,719 --> 01:52:10,480
so uh at first i'm concerned

2534
01:52:10,480 --> 01:52:13,840
she's not present if she is present

2535
01:52:13,840 --> 01:52:15,840
and want to be heard i think now is the

2536
01:52:15,840 --> 01:52:16,880
opportunity

2537
01:52:16,880 --> 01:52:18,800
for her to say something and we can

2538
01:52:18,800 --> 01:52:20,400
decide how to deal with it

2539
01:52:20,400 --> 01:52:23,510
uh after that

2540
01:52:23,520 --> 01:52:25,760
okay just i believe she was present at

2541
01:52:25,760 --> 01:52:27,199
the time the roll call i

2542
01:52:27,199 --> 01:52:29,360
in the sense that i saw the same thing

2543
01:52:29,360 --> 01:52:30,639
light up but

2544
01:52:30,639 --> 01:52:32,639
see that as a may i something i just

2545
01:52:32,639 --> 01:52:34,239
want to get on the record so

2546
01:52:34,239 --> 01:52:38,000
um we can honor her

2547
01:52:38,000 --> 01:52:40,560
participation in some way if she

2548
01:52:40,560 --> 01:52:41,360
requests

2549
01:52:41,360 --> 01:52:44,639
it mr mr jacobian

2550
01:52:44,639 --> 01:52:47,920
a roll call was me

2551
01:52:47,920 --> 01:53:02,550
yes i'm aware okay um

2552
01:53:02,560 --> 01:53:06,159
at this time um

2553
01:53:06,159 --> 01:53:09,350
i think we're ready to

2554
01:53:09,360 --> 01:53:24,830
begin discussion on case twenty twenty

2555
01:53:24,840 --> 01:53:38,830
dash

2556
01:53:38,840 --> 01:53:50,470
okay

2557
01:53:50,480 --> 01:53:54,080
case 2020-3 application

2558
01:53:54,080 --> 01:53:58,080
from francis a and stephanie white

2559
01:53:58,080 --> 01:54:00,480
owners and free sample of real property

2560
01:54:00,480 --> 01:54:02,239
known

2561
01:54:02,239 --> 01:54:05,599
of 8203 elm lane

2562
01:54:05,599 --> 01:54:10,520
for a 7.5 variants of section

2563
01:54:10,520 --> 01:54:12,480
290-19a

2564
01:54:12,480 --> 01:54:21,520
of the town of chesapeake beach to allow a new

2565
01:54:21,520 --> 01:54:24,480
house to encroach 7.5 feet into the

2566
01:54:24,480 --> 01:54:27,360
required 15 foot front yard

2567
01:54:27,360 --> 01:54:30,480
and a variance to section 290

2568
01:54:30,480 --> 01:54:34,000
17 e 2

2569
01:54:34,000 --> 01:54:37,280
to allow encouragement into the required

2570
01:54:37,280 --> 01:54:39,760
25-foot non-top

2571
01:54:39,760 --> 01:54:43,920
tidal wetland buffer plus

2572
01:54:43,920 --> 01:54:53,510
area of disturbance

2573
01:54:53,520 --> 01:55:04,320
okay um

2574
01:55:04,320 --> 01:55:07,599
can you see the screen my screen

2575
01:55:07,599 --> 01:55:10,719
yes okay thank you

2576
01:55:10,719 --> 01:55:14,960
um so

2577
01:55:14,960 --> 01:55:16,480
i i i'm not going to go through the

2578
01:55:16,480 --> 01:55:19,599
entire background like we did last time

2579
01:55:19,599 --> 01:55:22,800
this is 8203 elm

2580
01:55:22,800 --> 01:55:26,639
lane the house is shown here in this

2581
01:55:26,639 --> 01:55:30,960
rectangle the house is outside

2582
01:55:30,960 --> 01:55:34,960
of the buffer so it doesn't encroach

2583
01:55:34,960 --> 01:55:38,239
as a physical permanent uh entity

2584
01:55:38,239 --> 01:55:42,239
into the buffer however there will be

2585
01:55:42,239 --> 01:55:45,119
presumably some level of construction

2586
01:55:45,119 --> 01:55:46,159
activity

2587
01:55:46,159 --> 01:55:48,880
and candidly i don't know the extent of

2588
01:55:48,880 --> 01:55:49,760
that

2589
01:55:49,760 --> 01:55:54,560
but it will occur within the buffer

2590
01:55:54,560 --> 01:55:58,239
if you see this line here says lod

2591
01:55:58,239 --> 01:56:01,440
that means a limit of disturbance

2592
01:56:01,440 --> 01:56:03,760
and i believe well i'm going to leave it

2593
01:56:03,760 --> 01:56:05,440
to the applicant to make the case

2594
01:56:05,440 --> 01:56:07,840
but i know there's some overlap and some

2595
01:56:07,840 --> 01:56:10,080
of the level of disturbance

2596
01:56:10,080 --> 01:56:13,440
or limit of disturbance excuse me enters

2597
01:56:13,440 --> 01:56:14,880
into the buffer

2598
01:56:14,880 --> 01:56:18,000
um some amount here so there's the house

2599
01:56:18,000 --> 01:56:20,719
the setback actually looks like it's 7.2

2600
01:56:20,719 --> 01:56:21,840
feet here

2601
01:56:21,840 --> 01:56:26,159
um the this is the driveway

2602
01:56:26,159 --> 01:56:30,880
and the parking area um

2603
01:56:30,880 --> 01:56:34,470
and um

2604
01:56:34,480 --> 01:56:36,320
it seems like all the other off-site

2605
01:56:36,320 --> 01:56:39,360
conditions are have been discussed already in

2606
01:56:39,360 --> 01:56:42,239
context of 8207.

2607
01:56:42,239 --> 01:56:45,119
so i'll just the interest of time end it

2608
01:56:45,119 --> 01:56:46,880
there and if there are any questions

2609
01:56:46,880 --> 01:57:04,790
feel free to ask me

2610
01:57:04,800 --> 01:57:08,080
are you done chris yes yes

2611
01:57:08,080 --> 01:57:13,589
oh okay

2612
01:57:13,599 --> 01:57:19,430
we're not here from the uh applicant

2613
01:57:19,440 --> 01:57:22,239
hello again this is bill watson i'll

2614
01:57:22,239 --> 01:57:24,719
discuss with all of my qualifications

2615
01:57:24,719 --> 01:57:28,400
and so on and keep the

2616
01:57:28,400 --> 01:57:31,520
background information as brief as chris

2617
01:57:31,520 --> 01:57:33,040
did with his

2618
01:57:33,040 --> 01:57:35,599
um the only thing that i say with regard

2619
01:57:35,599 --> 01:57:36,400
to background

2620
01:57:36,400 --> 01:57:39,679
is that lot 32r which is the subject of

2621
01:57:39,679 --> 01:57:41,199
this case

2622
01:57:41,199 --> 01:57:43,840
is slightly larger than the first one

2623
01:57:43,840 --> 01:57:45,199
that we did

2624
01:57:45,199 --> 01:57:50,159
lot 32r is 11 570 square feet

2625
01:57:50,159 --> 01:57:51,599
so we're dealing with a little bit

2626
01:57:51,599 --> 01:57:54,080
bigger lot in large part

2627
01:57:54,080 --> 01:57:57,440
due to the addition of the avenging

2628
01:57:57,440 --> 01:58:01,119
portion of the old friedley avenue

2629
01:58:01,119 --> 01:58:05,360
now as chris pointed out

2630
01:58:05,360 --> 01:58:09,119
there is a pair of

2631
01:58:09,119 --> 01:58:11,040
intersections which occur where the

2632
01:58:11,040 --> 01:58:13,280
limit of work or limited disturbance

2633
01:58:13,280 --> 01:58:14,320
rather

2634
01:58:14,320 --> 01:58:17,520
goes into the buffer one on the

2635
01:58:17,520 --> 01:58:20,320
both are on the rear side of the house

2636
01:58:20,320 --> 01:58:20,800
one

2637
01:58:20,800 --> 01:58:24,639
is up near the existing sewer

2638
01:58:24,639 --> 01:58:27,679
easement line and one is directly south

2639
01:58:27,679 --> 01:58:29,840
of that

2640
01:58:29,840 --> 01:58:32,320
i'm going to turn my screen on again so

2641
01:58:32,320 --> 01:58:38,470
bear with me

2642
01:58:38,480 --> 01:58:43,750
keeps moving around on me

2643
01:58:43,760 --> 01:58:49,119
can you see the drawing

2644
01:58:49,119 --> 01:58:53,520
i cannot okay let me try that again

2645
01:58:53,520 --> 01:58:56,000
i forgot to hit the share button now can

2646
01:58:56,000 --> 01:58:57,840
you see the drawing

2647
01:58:57,840 --> 01:59:01,280
yes sir okay

2648
01:59:01,280 --> 01:59:04,320
the yellow rectangle

2649
01:59:04,320 --> 01:59:07,440
is the proposed house same as before 40

2650
01:59:07,440 --> 01:59:09,360
by 24.

2651
01:59:09,360 --> 01:59:12,639
the white line that's curving

2652
01:59:12,639 --> 01:59:14,840
and i'm running my cursor over top of it

2653
01:59:14,840 --> 01:59:16,480
now

2654
01:59:16,480 --> 01:59:22,400
is the limit of the non-title wetlands

2655
01:59:22,400 --> 01:59:24,960
the green one uh excuse me the non-title

2656
01:59:24,960 --> 01:59:26,880
wetlands buffer

2657
01:59:26,880 --> 01:59:29,920
the green line that i'm now running over

2658
01:59:29,920 --> 01:59:31,360
is the

2659
01:59:31,360 --> 01:59:34,480
division between wetlands

2660
01:59:34,480 --> 01:59:38,229
and non-tidal wetland buffer

2661
01:59:38,239 --> 01:59:41,119
at the northern part of the property

2662
01:59:41,119 --> 01:59:41,760
there is

2663
01:59:41,760 --> 01:59:49,750
a impact

2664
01:59:49,760 --> 01:59:54,149
and that is 88 square feet

2665
01:59:54,159 --> 01:59:59,910
and the southern part of that area

2666
01:59:59,920 --> 02:00:04,000
there's a second impact uh oops

2667
02:00:04,000 --> 02:00:07,920
just of 33 square feet

2668
02:00:07,920 --> 02:00:10,840
so we've got a total of 121 square feet

2669
02:00:10,840 --> 02:00:13,760
impact

2670
02:00:13,760 --> 02:00:16,719
this is mainly for grading and sediment

2671
02:00:16,719 --> 02:00:18,719
control

2672
02:00:18,719 --> 02:00:21,920
once the project is complete assuming

2673
02:00:21,920 --> 02:00:24,159
that it gets approved to move forward

2674
02:00:24,159 --> 02:00:27,360
which i hope it will um

2675
02:00:27,360 --> 02:00:31,679
that will all be stabilized with grass

2676
02:00:31,679 --> 02:00:34,080
and you'll never know anybody was back

2677
02:00:34,080 --> 02:00:37,910
there grading in a year or two

2678
02:00:37,920 --> 02:00:42,719
the reason that there is even any impact

2679
02:00:42,719 --> 02:00:46,629
is that to put

2680
02:00:46,639 --> 02:00:49,040
non-total wetlands as close to that

2681
02:00:49,040 --> 02:00:50,239
house as

2682
02:00:50,239 --> 02:00:54,159
they are and off of the northeastern

2683
02:00:54,159 --> 02:00:56,080
most corner

2684
02:00:56,080 --> 02:01:03,270
the non-paddled wets

2685
02:01:03,280 --> 02:01:09,910
are only 5 and 45 100 of a float away

2686
02:01:09,920 --> 02:01:13,040
hardly room enough for equipment to get

2687
02:01:13,040 --> 02:01:15,760
out there and dig foundations

2688
02:01:15,760 --> 02:01:17,360
or at least that's what was in my mind

2689
02:01:17,360 --> 02:01:19,599
at the time digging a footer

2690
02:01:19,599 --> 02:01:21,280
and then doing the block work and then

2691
02:01:21,280 --> 02:01:23,440
getting outside of the building and

2692
02:01:23,440 --> 02:01:24,239
backfilling

2693
02:01:24,239 --> 02:01:28,000
the house now since

2694
02:01:28,000 --> 02:01:29,920
my client and barrett's client has

2695
02:01:29,920 --> 02:01:32,400
indicated a willingness to

2696
02:01:32,400 --> 02:01:34,880
uh consider putting the house on piling

2697
02:01:34,880 --> 02:01:36,320
or stilts

2698
02:01:36,320 --> 02:01:38,480
some of that will be minimized uh

2699
02:01:38,480 --> 02:01:40,480
perhaps even go away

2700
02:01:40,480 --> 02:01:43,199
because the amount of grading back there

2701
02:01:43,199 --> 02:01:43,840
will be

2702
02:01:43,840 --> 02:01:47,679
next to none so i could say

2703
02:01:47,679 --> 02:01:50,560
that subject to having an opportunity to

2704
02:01:50,560 --> 02:01:52,800
spend a little bit more time

2705
02:01:52,800 --> 02:01:55,599
looking at the grading plan and looking

2706
02:01:55,599 --> 02:01:56,719
at the design

2707
02:01:56,719 --> 02:02:00,800
of the house on stilts it's likely

2708
02:02:00,800 --> 02:02:02,880
that we'd be able to eliminate the

2709
02:02:02,880 --> 02:02:06,000
impact on the wetland buffer altogether

2710
02:02:06,000 --> 02:02:09,040
but out of a

2711
02:02:09,040 --> 02:02:12,080
an abundance of caution i would rather

2712
02:02:12,080 --> 02:02:14,800
leave that in the application at this

2713
02:02:14,800 --> 02:02:15,840
point

2714
02:02:15,840 --> 02:02:19,040
only so that it doesn't get lost

2715
02:02:19,040 --> 02:02:21,440
because it is rather small at 121 square

2716
02:02:21,440 --> 02:02:24,229
feet

2717
02:02:24,239 --> 02:02:27,199
the driveway is not in the bumper as mr

2718
02:02:27,199 --> 02:02:28,960
truviax said

2719
02:02:28,960 --> 02:02:33,599
it is on the lot again a 20 by 20

2720
02:02:33,599 --> 02:02:35,840
that extends out to the existing

2721
02:02:35,840 --> 02:02:37,920
education

2722
02:02:37,920 --> 02:02:40,960
uh and there's some area to the north of

2723
02:02:40,960 --> 02:02:43,040
the proposed driveway

2724
02:02:43,040 --> 02:02:46,800
that is labeled a removal of existing

2725
02:02:46,800 --> 02:02:48,159
paved parking

2726
02:02:48,159 --> 02:02:51,520
areas 251 square feet

2727
02:02:51,520 --> 02:02:54,790
um

2728
02:02:54,800 --> 02:02:57,199
i from my standpoint i can work with

2729
02:02:57,199 --> 02:02:59,280
either condition of

2730
02:02:59,280 --> 02:03:02,560
providing a turnaround elsewhere leaving

2731
02:03:02,560 --> 02:03:04,480
the pavement there

2732
02:03:04,480 --> 02:03:06,159
or something else that the board may

2733
02:03:06,159 --> 02:03:07,840
come up with but i would defer to my

2734
02:03:07,840 --> 02:03:08,480
client

2735
02:03:08,480 --> 02:03:11,520
to make the final decision on that

2736
02:03:11,520 --> 02:03:15,510
i believe that

2737
02:03:15,520 --> 02:03:18,560
the the pavement removal

2738
02:03:18,560 --> 02:03:21,599
is only um one

2739
02:03:21,599 --> 02:03:23,920
maybe two parking spaces if you jam them

2740
02:03:23,920 --> 02:03:25,920
in there tight

2741
02:03:25,920 --> 02:03:27,920
and could easily be replaced if my

2742
02:03:27,920 --> 02:03:30,080
client has the opportunity and the

2743
02:03:30,080 --> 02:03:33,830
desire

2744
02:03:33,840 --> 02:03:37,199
so i think i've covered the the

2745
02:03:37,199 --> 02:03:40,960
salient points for this site

2746
02:03:40,960 --> 02:03:44,000
which are very minimal amount of impact

2747
02:03:44,000 --> 02:03:46,239
to the wetland buffer

2748
02:03:46,239 --> 02:03:48,320
being out of an abundance of caution on

2749
02:03:48,320 --> 02:03:50,639
being able to give an equipment operator

2750
02:03:50,639 --> 02:03:52,480
adequate room to get around on the back

2751
02:03:52,480 --> 02:03:53,760
side of the house

2752
02:03:53,760 --> 02:03:56,960
to do a traditional foundation if we go

2753
02:03:56,960 --> 02:03:57,440
with a

2754
02:03:57,440 --> 02:04:00,159
piling different story i'd like to have

2755
02:04:00,159 --> 02:04:03,199
the opportunity to take a look at it

2756
02:04:03,199 --> 02:04:06,880
and with that i'll pause

2757
02:04:06,880 --> 02:04:09,440
put myself on mute and let members ask

2758
02:04:09,440 --> 02:04:10,880
me questions

2759
02:04:10,880 --> 02:04:14,400
or let tony um pitch in

2760
02:04:14,400 --> 02:04:16,239
on any additional points that he'd like

2761
02:04:16,239 --> 02:04:28,470
to make on behalf of our mutual client

2762
02:04:28,480 --> 02:04:31,199
okay hearing none i'll ask the applicant

2763
02:04:31,199 --> 02:04:34,069
to introduce

2764
02:04:34,079 --> 02:04:38,800
anyone who's offering testimony

2765
02:04:38,800 --> 02:04:42,719
this is anthony o'lex and again um

2766
02:04:42,719 --> 02:04:45,760
kind of building upon what bill was

2767
02:04:45,760 --> 02:04:46,960
mentioning there

2768
02:04:46,960 --> 02:04:48,960
is is part of the disturbance that's

2769
02:04:48,960 --> 02:04:51,280
associated within the buffer

2770
02:04:51,280 --> 02:04:53,280
is there in order to provide drainage

2771
02:04:53,280 --> 02:04:54,880
around the house

2772
02:04:54,880 --> 02:04:58,400
which with the last case was a concern

2773
02:04:58,400 --> 02:05:00,560
that is that is part of what we have

2774
02:05:00,560 --> 02:05:02,400
looked at at this point

2775
02:05:02,400 --> 02:05:05,119
um to develop what we believe is the

2776
02:05:05,119 --> 02:05:07,119
limits of disturbance and the impacts

2777
02:05:07,119 --> 02:05:08,320
into this

2778
02:05:08,320 --> 02:05:10,880
is in addition to providing room to be

2779
02:05:10,880 --> 02:05:13,599
able to work around the house itself

2780
02:05:13,599 --> 02:05:17,440
is creating a swale uh that directs

2781
02:05:17,440 --> 02:05:20,400
runoff um essentially from the northwest

2782
02:05:20,400 --> 02:05:21,360
corner

2783
02:05:21,360 --> 02:05:24,000
of this house and the other house as

2784
02:05:24,000 --> 02:05:24,960
well that's about

2785
02:05:24,960 --> 02:05:27,119
ranges from about a foot to two foot in

2786
02:05:27,119 --> 02:05:28,159
depth

2787
02:05:28,159 --> 02:05:30,000
compared to the finished floor elevation

2788
02:05:30,000 --> 02:05:32,400
of the house and directs the water

2789
02:05:32,400 --> 02:05:34,000
around each side

2790
02:05:34,000 --> 02:05:36,719
um you know so i guess that was a little

2791
02:05:36,719 --> 02:05:37,440
bit of what

2792
02:05:37,440 --> 02:05:38,960
you know i learned with the last case

2793
02:05:38,960 --> 02:05:41,280
and probably a point that i should have

2794
02:05:41,280 --> 02:05:42,400
made is

2795
02:05:42,400 --> 02:05:44,639
that that is part of what we have looked

2796
02:05:44,639 --> 02:05:45,920
at with this

2797
02:05:45,920 --> 02:05:48,000
um and things that we have taken into

2798
02:05:48,000 --> 02:05:49,440
consideration

2799
02:05:49,440 --> 02:05:52,800
uh and absolutely as we move forward

2800
02:05:52,800 --> 02:05:55,760
through the building permit process and grading

2801
02:05:55,760 --> 02:05:57,920
permit processes that we will also be

2802
02:05:57,920 --> 02:05:59,440
complying with

2803
02:05:59,440 --> 02:06:01,440
all of those requirements as they relate

2804
02:06:01,440 --> 02:06:03,360
to storm water management

2805
02:06:03,360 --> 02:06:06,320
sediment erosion control and any other

2806
02:06:06,320 --> 02:06:08,000
code requirement

2807
02:06:08,000 --> 02:06:11,360
um you know the

2808
02:06:11,360 --> 02:06:13,920
mr white who spoke uh that will be

2809
02:06:13,920 --> 02:06:16,079
building both of these houses and in

2810
02:06:16,079 --> 02:06:18,639
this case is the owner of this property

2811
02:06:18,639 --> 02:06:21,679
uh talked about is you know

2812
02:06:21,679 --> 02:06:23,599
i think we're absolutely willing to look

2813
02:06:23,599 --> 02:06:25,360
at the opportunity

2814
02:06:25,360 --> 02:06:28,079
uh to build the house on piles um it's

2815
02:06:28,079 --> 02:06:29,440
just you know something that just kind

2816
02:06:29,440 --> 02:06:30,239
of came up

2817
02:06:30,239 --> 02:06:33,119
today i think uh whether it's piles or

2818
02:06:33,119 --> 02:06:34,239
whether it's anything we would

2819
02:06:34,239 --> 02:06:35,920
absolutely be looking to make sure that

2820
02:06:35,920 --> 02:06:38,239
we're raising the house high enough

2821
02:06:38,239 --> 02:06:41,360
uh taking into consideration future uh

2822
02:06:41,360 --> 02:06:42,880
potential for flooding in

2823
02:06:42,880 --> 02:06:46,079
the somewhat near future uh

2824
02:06:46,079 --> 02:06:49,040
in all of those things it's there is a

2825
02:06:49,040 --> 02:06:51,119
little bit of

2826
02:06:51,119 --> 02:06:52,960
engineering judgment and calls and

2827
02:06:52,960 --> 02:06:54,560
things like that that we do need to make

2828
02:06:54,560 --> 02:06:56,480
as we work through that

2829
02:06:56,480 --> 02:06:59,440
um and try to figure out what the best

2830
02:06:59,440 --> 02:07:00,560
solution is

2831
02:07:00,560 --> 02:07:02,960
uh but i absolutely know that in any

2832
02:07:02,960 --> 02:07:05,840
case we'll be complying with any codes

2833
02:07:05,840 --> 02:07:11,360
and requirements and ordinances that we would need to in this case

2834
02:07:11,360 --> 02:07:13,760
and really what we've done and kind of

2835
02:07:13,760 --> 02:07:15,040
what bill alluded to

2836
02:07:15,040 --> 02:07:17,040
in this case is that we're taking a

2837
02:07:17,040 --> 02:07:18,719
little bit of a conservative approach to

2838
02:07:18,719 --> 02:07:20,800
make sure that there's enough room

2839
02:07:20,800 --> 02:07:23,119
uh to get the water around the house

2840
02:07:23,119 --> 02:07:23,920
itself

2841
02:07:23,920 --> 02:07:26,560
and provide you know room uh reasonable

2842
02:07:26,560 --> 02:07:27,280
room

2843
02:07:27,280 --> 02:07:30,239
for constructability uh but with the

2844
02:07:30,239 --> 02:07:30,639
front

2845
02:07:30,639 --> 02:07:33,199
setback reduction that actually you know

2846
02:07:33,199 --> 02:07:33,840
that was

2847
02:07:33,840 --> 02:07:37,040
recommended by mr jacobi app was that a

2848
02:07:37,040 --> 02:07:39,119
got us out of the buffer with the

2849
02:07:39,119 --> 02:07:40,400
structure all together

2850
02:07:40,400 --> 02:07:42,560
so the impacts that we're talking about

2851
02:07:42,560 --> 02:07:44,079
here in this case

2852
02:07:44,079 --> 02:07:47,679
with the uh front yard setback are all

2853
02:07:47,679 --> 02:07:51,440
temporary impacts to that buffer um

2854
02:07:51,440 --> 02:07:54,719
you know and that's you know i think was

2855
02:07:54,719 --> 02:07:59,040
it was a great recommendation especially for this

2856
02:07:59,040 --> 02:07:59,920
lot where it was

2857
02:07:59,920 --> 02:08:02,960
able to get us out of that so um

2858
02:08:02,960 --> 02:08:04,480
yeah i just wanted to kind of put that

2859
02:08:04,480 --> 02:08:05,840
out there that there are some of these

2860
02:08:05,840 --> 02:08:07,440
you know some of these details are the

2861
02:08:07,440 --> 02:08:08,079
things that we

2862
02:08:08,079 --> 02:08:11,360
have looked at so far um to to be able

2863
02:08:11,360 --> 02:08:12,400
to define

2864
02:08:12,400 --> 02:08:14,320
these variants requests and we'll

2865
02:08:14,320 --> 02:08:16,000
continue to look at them as we go

2866
02:08:16,000 --> 02:08:17,280
through the next steps

2867
02:08:17,280 --> 02:08:21,109
of permitting

2868
02:08:21,119 --> 02:08:24,719
okay uh madam chair may i uh

2869
02:08:24,719 --> 02:08:28,239
say something for a moment yes uh

2870
02:08:28,239 --> 02:08:30,400
given the way this uh hearing has

2871
02:08:30,400 --> 02:08:31,280
progressed

2872
02:08:31,280 --> 02:08:34,159
uh there were references uh during the

2873
02:08:34,159 --> 02:08:36,880
hearing on 2020

2874
02:08:36,880 --> 02:08:39,920
to this particular application and there

2875
02:08:39,920 --> 02:08:40,560
was some

2876
02:08:40,560 --> 02:08:43,360
uh testimony during the hearing on that

2877
02:08:43,360 --> 02:08:44,119
uh

2878
02:08:44,119 --> 02:08:47,199
2020-2 that would be relevant to this

2879
02:08:47,199 --> 02:08:48,800
particular application

2880
02:08:48,800 --> 02:08:52,079
i'd like to suggest that the board uh

2881
02:08:52,079 --> 02:08:54,719
accept and incorporate by reference you

2882
02:08:54,719 --> 02:08:55,280
know

2883
02:08:55,280 --> 02:08:58,079
all of the evidence and test testimony

2884
02:08:58,079 --> 02:09:00,239
uh presented in the hearing on 2020

2885
02:09:00,239 --> 02:09:01,119
death 2

2886
02:09:01,119 --> 02:09:03,920
into the record of this particular case

2887
02:09:03,920 --> 02:09:04,719
that way

2888
02:09:04,719 --> 02:09:06,880
if you need to you'll be able to rely

2889
02:09:06,880 --> 02:09:08,639
upon anything from

2890
02:09:08,639 --> 02:09:16,830
that hearing

2891
02:09:16,840 --> 02:09:29,830
okay comment from the board on that

2892
02:09:29,840 --> 02:09:33,679
hearing no objection

2893
02:09:33,679 --> 02:09:38,709
fine yes

2894
02:09:38,719 --> 02:09:50,229
so so directed

2895
02:09:50,239 --> 02:09:53,679
okay any more for the applicant before

2896
02:09:53,679 --> 02:09:58,069
we go to the opposition

2897
02:09:58,079 --> 02:10:01,119
sharon did anyone indicate interest

2898
02:10:01,119 --> 02:10:04,880
in uh given testimony

2899
02:10:04,880 --> 02:10:08,880
for all gangster 2020-3

2900
02:10:08,880 --> 02:10:16,709
i do um

2901
02:10:16,719 --> 02:10:19,599
uh the only comments that i received was

2902
02:10:19,599 --> 02:10:21,760
from gary cole smith and i believe that

2903
02:10:21,760 --> 02:10:22,719
he was

2904
02:10:22,719 --> 02:10:26,400
addressing both of the lots but gary can

2905
02:10:26,400 --> 02:10:28,000
speak for himself if he's still

2906
02:10:28,000 --> 02:10:33,040
on i'm chairman i am still on

2907
02:10:33,040 --> 02:10:37,040
do you want to speak yes ma'am

2908
02:10:37,040 --> 02:10:40,079
please do okay

2909
02:10:40,079 --> 02:10:43,119
uh again i want to reiterate that i

2910
02:10:43,119 --> 02:10:44,480
think that

2911
02:10:44,480 --> 02:10:48,079
with the use of raising the house

2912
02:10:48,079 --> 02:10:51,119
uh and the parking underneath

2913
02:10:51,119 --> 02:10:54,000
there is no need for the reduction in

2914
02:10:54,000 --> 02:10:55,199
setback

2915
02:10:55,199 --> 02:10:59,360
and i think that all the tile elevation

2916
02:10:59,360 --> 02:11:04,870
type installation lessens the impact

2917
02:11:04,880 --> 02:11:09,360
after construction of those houses

2918
02:11:09,360 --> 02:11:12,560
and i would not object to that but the

2919
02:11:12,560 --> 02:11:15,119
two the things i we have to regurgitate

2920
02:11:15,119 --> 02:11:16,079
here are

2921
02:11:16,079 --> 02:11:17,840
there still has to be a t turn around

2922
02:11:17,840 --> 02:11:21,599
there's no it can't have people come down we have the trash

2923
02:11:21,599 --> 02:11:22,880
trucks come down

2924
02:11:22,880 --> 02:11:26,000
once a week cycling truck comes out once

2925
02:11:26,000 --> 02:11:26,480
a week

2926
02:11:26,480 --> 02:11:30,480
a mailman comes out once a day uh

2927
02:11:30,480 --> 02:11:33,920
ups with deliveries fedex

2928
02:11:33,920 --> 02:11:35,920
amazon everybody comes down the street

2929
02:11:35,920 --> 02:11:38,159
to service the people on the street

2930
02:11:38,159 --> 02:11:40,000
and they need a place to turn around a

2931
02:11:40,000 --> 02:11:41,840
turnaround needs to be

2932
02:11:41,840 --> 02:11:46,000
entertained parking for the

2933
02:11:46,000 --> 02:11:49,119
grandfathered lot needs to be uh

2934
02:11:49,119 --> 02:11:51,440
addressed i mean these people cannot

2935
02:11:51,440 --> 02:11:53,119
help that that lot was

2936
02:11:53,119 --> 02:11:56,480
approved the law was approved by the

2937
02:11:56,480 --> 02:11:59,920
old subdivision plan and based on a

2938
02:11:59,920 --> 02:12:01,520
50-foot wide street

2939
02:12:01,520 --> 02:12:04,320
so that has to be addressed and the

2940
02:12:04,320 --> 02:12:05,199
approval

2941
02:12:05,199 --> 02:12:06,800
by the town of chesapeake beach is

2942
02:12:06,800 --> 02:12:08,239
required to do

2943
02:12:08,239 --> 02:12:10,880
anything in the right of way and i don't

2944
02:12:10,880 --> 02:12:12,880
know how that can follow

2945
02:12:12,880 --> 02:12:16,800
uh an approval by the of ovarian

2946
02:12:16,800 --> 02:12:19,840
when you have to you should know all the

2947
02:12:19,840 --> 02:12:21,679
requirement that all the requirements

2948
02:12:21,679 --> 02:12:23,280
were met

2949
02:12:23,280 --> 02:12:25,119
and it approved this the town did not

2950
02:12:25,119 --> 02:12:27,520
approve the use utilization of

2951
02:12:27,520 --> 02:12:29,599
that right away for any purposes that

2952
02:12:29,599 --> 02:12:30,560
this

2953
02:12:30,560 --> 02:12:33,920
variance addresses then

2954
02:12:33,920 --> 02:12:38,320
your approval was uh

2955
02:12:38,320 --> 02:12:41,199
you know that doesn't exist i i still i

2956
02:12:41,199 --> 02:12:42,400
think that we are good

2957
02:12:42,400 --> 02:12:44,560
doing things out of order i think that

2958
02:12:44,560 --> 02:12:45,520
first that you needed

2959
02:12:45,520 --> 02:12:48,159
that this this plan for this needs to

2960
02:12:48,159 --> 02:12:48,800
address

2961
02:12:48,800 --> 02:12:51,760
the type of foundations you have the the

2962
02:12:51,760 --> 02:12:52,480
stormwater

2963
02:12:52,480 --> 02:12:54,400
management of the street and the

2964
02:12:54,400 --> 02:12:56,239
approval by the town just a big beach of

2965
02:12:56,239 --> 02:12:56,560
you

2966
02:12:56,560 --> 02:12:58,639
any of the utilization of the public

2967
02:12:58,639 --> 02:12:59,920
right-of-way

2968
02:12:59,920 --> 02:13:05,360
and then and only then can you make your judgment that's my personal opinion

2969
02:13:05,360 --> 02:13:06,800
but i believe that's

2970
02:13:06,800 --> 02:13:09,280
the the town ordinances there is a town

2971
02:13:09,280 --> 02:13:10,239
ordinance that says

2972
02:13:10,239 --> 02:13:13,679
you must require acquire the mayor's

2973
02:13:13,679 --> 02:13:15,679
approval may earn tax house approval but

2974
02:13:15,679 --> 02:13:17,119
do anything in the right of way the town

2975
02:13:17,119 --> 02:13:17,920
chesapeake

2976
02:13:17,920 --> 02:13:22,159
beaches street so i i do believe

2977
02:13:22,159 --> 02:13:24,239
that that is definitely going to have to

2978
02:13:24,239 --> 02:13:29,189
be done prior to any approvals you make

2979
02:13:29,199 --> 02:13:31,199
now a quick i'll stop beating a dead

2980
02:13:31,199 --> 02:13:32,560
horse at that point and

2981
02:13:32,560 --> 02:13:35,440
the uh the fact that the this this plan

2982
02:13:35,440 --> 02:13:36,719
now has a

2983
02:13:36,719 --> 02:13:38,800
construction entrance off of a section

2984
02:13:38,800 --> 02:13:41,840
of elm lane that is not a two-way street

2985
02:13:41,840 --> 02:13:44,960
is too narrow it's only 13 feet wide

2986
02:13:44,960 --> 02:13:47,840
at that location and it enters is right

2987
02:13:47,840 --> 02:13:49,599
at my the entrance to my

2988
02:13:49,599 --> 02:13:55,199
driveway and uh i can i can see right now that there

2989
02:13:55,199 --> 02:13:56,719
will be issues with me getting in and

2990
02:13:56,719 --> 02:13:57,679
out

2991
02:13:57,679 --> 02:14:01,520
so it will impact the neighborhood uh so

2992
02:14:01,520 --> 02:14:03,800
i guess that

2993
02:14:03,800 --> 02:14:04,960
[Music]

2994
02:14:04,960 --> 02:14:08,320
if you if you could address those issues

2995
02:14:08,320 --> 02:14:10,880
uh i wanna make so very clear i'm not

2996
02:14:10,880 --> 02:14:12,480
against building on these lots

2997
02:14:12,480 --> 02:14:16,480
i i am very much uh in favor of it

2998
02:14:16,480 --> 02:14:18,480
i just know that they need to meet those

2999
02:14:18,480 --> 02:14:19,760
requirements and and

3000
02:14:19,760 --> 02:14:21,360
i think those requirements are

3001
02:14:21,360 --> 02:14:23,599
legitimate so uh thank you for your time

3002
02:14:23,599 --> 02:14:31,030
man sheriff

3003
02:14:31,040 --> 02:14:34,239
mr jacubia did you have any other

3004
02:14:34,239 --> 02:14:41,760
comments to me

3005
02:14:41,760 --> 02:14:46,629
uh no i have no other comments

3006
02:14:46,639 --> 02:14:49,669
okay

3007
02:14:49,679 --> 02:14:54,639
and we have no more speakers so at this

3008
02:14:54,639 --> 02:14:56,079
time i will close

3009
02:14:56,079 --> 02:14:59,520
the public i

3010
02:14:59,520 --> 02:15:03,119
have one question if i could

3011
02:15:03,119 --> 02:15:07,589
sure

3012
02:15:07,599 --> 02:15:10,159
it's based on well the question i have

3013
02:15:10,159 --> 02:15:11,679
simply

3014
02:15:11,679 --> 02:15:15,599
is let's say the houses aren't built

3015
02:15:15,599 --> 02:15:19,589
where is everybody turning around now

3016
02:15:19,599 --> 02:15:21,760
for one and two they're not turning

3017
02:15:21,760 --> 02:15:23,119
around on the space that's there now

3018
02:15:23,119 --> 02:15:24,560
because they're full of cars so i'm

3019
02:15:24,560 --> 02:15:25,599
trying to figure out where everybody's

3020
02:15:25,599 --> 02:15:27,840
turning around

3021
02:15:27,840 --> 02:15:30,400
i understand fedex and ups and the

3022
02:15:30,400 --> 02:15:31,040
mailman

3023
02:15:31,040 --> 02:15:32,639
and trash man everybody's coming down

3024
02:15:32,639 --> 02:15:33,840
the street but where's everybody turn

3025
02:15:33,840 --> 02:15:35,040
around now

3026
02:15:35,040 --> 02:15:36,400
that's what i don't understand and i

3027
02:15:36,400 --> 02:15:42,390
don't have a problem

3028
02:15:42,400 --> 02:15:46,159
i'm listening go ahead i'm chairman yeah

3029
02:15:46,159 --> 02:15:49,119
yes uh right now a lot of people come

3030
02:15:49,119 --> 02:15:50,639
down my driveway and turn around at the

3031
02:15:50,639 --> 02:15:51,760
bed to my house

3032
02:15:51,760 --> 02:15:54,000
which is not very convenient and it's

3033
02:15:54,000 --> 02:15:55,360
not very well

3034
02:15:55,360 --> 02:15:57,440
the the vehicles that are parked up

3035
02:15:57,440 --> 02:15:59,040
there as you said there are three

3036
02:15:59,040 --> 02:16:01,679
vehicles that belong to

3037
02:16:01,679 --> 02:16:04,480
his grandfather-in-law the other

3038
02:16:04,480 --> 02:16:04,960
vehicles

3039
02:16:04,960 --> 02:16:06,960
you probably see there are people who

3040
02:16:06,960 --> 02:16:08,480
live with the other in two of the other

3041
02:16:08,480 --> 02:16:09,199
homes

3042
02:16:09,199 --> 02:16:11,440
and occasionally they don't park there

3043
02:16:11,440 --> 02:16:13,679
the requirements for a t turnaround

3044
02:16:13,679 --> 02:16:16,239
are signage by the town chesapeake beach

3045
02:16:16,239 --> 02:16:17,360
that require

3046
02:16:17,360 --> 02:16:20,480
no parking that is to be maintained as a

3047
02:16:20,480 --> 02:16:21,520
turnaround

3048
02:16:21,520 --> 02:16:23,360
sometimes vehicles do have a difficult

3049
02:16:23,360 --> 02:16:24,800
time turning around there

3050
02:16:24,800 --> 02:16:28,000
in in in that is a a

3051
02:16:28,000 --> 02:16:31,280
issue for the town but the fact that you

3052
02:16:31,280 --> 02:16:33,040
take away

3053
02:16:33,040 --> 02:16:36,319
any possibility of

3054
02:16:36,319 --> 02:16:37,920
a vehicle being able to turn around

3055
02:16:37,920 --> 02:16:39,519
there and

3056
02:16:39,519 --> 02:16:42,319
have it in fact the driveway to a new

3057
02:16:42,319 --> 02:16:43,040
home

3058
02:16:43,040 --> 02:16:45,679
where those people may want to park out

3059
02:16:45,679 --> 02:16:46,160
in

3060
02:16:46,160 --> 02:16:49,519
front of the their homes uh it just

3061
02:16:49,519 --> 02:16:52,160
complicates the problem so yes that

3062
02:16:52,160 --> 02:16:53,599
right now there is a problem

3063
02:16:53,599 --> 02:16:55,760
and and i sent an email out to town

3064
02:16:55,760 --> 02:17:01,679
chesapeake beach telling them that what i want to see is i would like to see that the teeth turn around

3065
02:17:01,679 --> 02:17:02,319
remain

3066
02:17:02,319 --> 02:17:04,719
and be marked as it's supposed to be

3067
02:17:04,719 --> 02:17:11,190
with no parking signs

3068
02:17:11,200 --> 02:17:12,639
i completely understand that but the

3069
02:17:12,639 --> 02:17:14,960
thing is every time i come down there

3070
02:17:14,960 --> 02:17:16,479
there's four to five cards in there but

3071
02:17:16,479 --> 02:17:19,359
there is no marking there is no signs

3072
02:17:19,359 --> 02:17:21,920
and that's what i don't understand i i

3073
02:17:21,920 --> 02:17:23,040
just don't

3074
02:17:23,040 --> 02:17:24,639
know i'm trying to wrap my head around

3075
02:17:24,639 --> 02:17:26,399
it that's all i mean

3076
02:17:26,399 --> 02:17:28,880
madam chair can i try to address this i

3077
02:17:28,880 --> 02:17:30,800
think

3078
02:17:30,800 --> 02:17:34,399
so yeah um i think what we're talking

3079
02:17:34,399 --> 02:17:35,920
about is a lot of work that's going to

3080
02:17:35,920 --> 02:17:36,479
occur

3081
02:17:36,479 --> 02:17:38,240
with inside of the right-of-way the

3082
02:17:38,240 --> 02:17:40,399
public right-of-way that is there

3083
02:17:40,399 --> 02:17:41,760
that is going to be part of the

3084
02:17:41,760 --> 02:17:43,439
permitting process that we're going to

3085
02:17:43,439 --> 02:17:45,920
have to work through after this step

3086
02:17:45,920 --> 02:17:49,519
um if i remember right from the drawings

3087
02:17:49,519 --> 02:17:51,760
uh the wetland buffer does not really

3088
02:17:51,760 --> 02:17:53,760
encroach into any part of the right of

3089
02:17:53,760 --> 02:17:54,559
way

3090
02:17:54,559 --> 02:17:57,040
the buffer itself is on the lots of

3091
02:17:57,040 --> 02:17:58,399
themselves

3092
02:17:58,399 --> 02:18:00,800
um so if they're you know i think we're

3093
02:18:00,800 --> 02:18:02,399
absolutely willing to try to figure out

3094
02:18:02,399 --> 02:18:04,719
a good solution with mr jacubiak and the

3095
02:18:04,719 --> 02:18:06,000
town engineer

3096
02:18:06,000 --> 02:18:08,479
as we move forward um to try to address

3097
02:18:08,479 --> 02:18:10,000
any concerns that the town may

3098
02:18:10,000 --> 02:18:12,479
have about turn around or parking that

3099
02:18:12,479 --> 02:18:13,679
is lost

3100
02:18:13,679 --> 02:18:16,719
um in a reasonable manner but as far as

3101
02:18:16,719 --> 02:18:20,639
this request for variances or these

3102
02:18:20,639 --> 02:18:22,639
requests for variances go it really goes

3103
02:18:22,639 --> 02:18:24,639
to the siding of the house

3104
02:18:24,639 --> 02:18:27,920
on the lots themselves which

3105
02:18:27,920 --> 02:18:31,519
i believe has been cited in a way um

3106
02:18:31,519 --> 02:18:34,000
to minimize any impact to those buffers

3107
02:18:34,000 --> 02:18:35,599
whatsoever so

3108
02:18:35,599 --> 02:18:38,479
we'll um you know absolutely continue to

3109
02:18:38,479 --> 02:18:40,080
work through the process in the next

3110
02:18:40,080 --> 02:18:40,719
steps

3111
02:18:40,719 --> 02:18:43,599
um i know it's very common of any board

3112
02:18:43,599 --> 02:18:45,359
approval or planning commission approval

3113
02:18:45,359 --> 02:18:47,200
that you're you're required to get any

3114
02:18:47,200 --> 02:18:49,280
necessary permits moving forward and

3115
02:18:49,280 --> 02:18:51,280
comply with code

3116
02:18:51,280 --> 02:18:54,240
with the next steps that you are have to

3117
02:18:54,240 --> 02:18:54,639
take

3118
02:18:54,639 --> 02:18:58,000
with part of that uh i just as it stands

3119
02:18:58,000 --> 02:18:59,840
right now we've

3120
02:18:59,840 --> 02:19:01,679
sighted the house and we've taken

3121
02:19:01,679 --> 02:19:04,000
measures on the lots themselves

3122
02:19:04,000 --> 02:19:06,479
to try to minimize those impacts and

3123
02:19:06,479 --> 02:19:08,160
that's what these variants requests are

3124
02:19:08,160 --> 02:19:18,230
based on

3125
02:19:18,240 --> 02:19:22,240
does anyone else want to speak before we

3126
02:19:22,240 --> 02:19:26,240
stop the public comment and the board

3127
02:19:26,240 --> 02:19:29,200
begins discussion madam chair dave dave

3128
02:19:29,200 --> 02:19:30,399
ferguson here

3129
02:19:30,399 --> 02:19:33,760
um i you know listening to you know mr

3130
02:19:33,760 --> 02:19:34,800
coldsmith's

3131
02:19:34,800 --> 02:19:37,200
argument that the board shouldn't

3132
02:19:37,200 --> 02:19:38,639
consider the variance

3133
02:19:38,639 --> 02:19:42,399
until these uh issues with the

3134
02:19:42,399 --> 02:19:44,240
turnaround and the parking

3135
02:19:44,240 --> 02:19:49,040
are resolved uh

3136
02:19:49,040 --> 02:19:51,600
you know i this is beyond my area of

3137
02:19:51,600 --> 02:19:53,439
expertise but it seems to me

3138
02:19:53,439 --> 02:19:56,160
and and maybe between mr jacobiak and mr

3139
02:19:56,160 --> 02:19:57,200
sussman

3140
02:19:57,200 --> 02:20:00,800
we can clarify that seems to me that the

3141
02:20:00,800 --> 02:20:03,920
application for the variants needs to

3142
02:20:03,920 --> 02:20:05,200
precede

3143
02:20:05,200 --> 02:20:08,319
the application for building permits and

3144
02:20:08,319 --> 02:20:11,680
uh you know the the things that

3145
02:20:11,680 --> 02:20:14,640
then the town has to get involved with

3146
02:20:14,640 --> 02:20:16,960
as far as the right of way

3147
02:20:16,960 --> 02:20:20,240
and the turnaround and signage and so

3148
02:20:20,240 --> 02:20:22,160
forth

3149
02:20:22,160 --> 02:20:24,880
it seems to me that without approval of

3150
02:20:24,880 --> 02:20:26,240
the variance

3151
02:20:26,240 --> 02:20:29,120
the applicants cannot go forward with

3152
02:20:29,120 --> 02:20:30,720
building plans

3153
02:20:30,720 --> 02:20:35,200
uh and a request for a building permit

3154
02:20:35,200 --> 02:20:38,479
am i correct in that uh

3155
02:20:38,479 --> 02:20:41,200
from the town planner's response first

3156
02:20:41,200 --> 02:20:45,120
uh yes and this is a

3157
02:20:45,120 --> 02:20:47,120
the subject before you as a variance two

3158
02:20:47,120 --> 02:20:48,399
variances

3159
02:20:48,399 --> 02:20:50,160
all related to the building placement on

3160
02:20:50,160 --> 02:20:52,479
the lot i suppose that sometimes

3161
02:20:52,479 --> 02:20:55,520
other issues could come into the um

3162
02:20:55,520 --> 02:20:58,080
the discussion but here the location of

3163
02:20:58,080 --> 02:20:59,040
the parking

3164
02:20:59,040 --> 02:21:00,960
lot and whether the tap parking pad and

3165
02:21:00,960 --> 02:21:03,120
whether the town will require

3166
02:21:03,120 --> 02:21:06,560
uh a 16 foot uh throat for the driveway

3167
02:21:06,560 --> 02:21:06,800
or

3168
02:21:06,800 --> 02:21:11,680
18 or 25 or even may even require that

3169
02:21:11,680 --> 02:21:14,560
the parking pad extend further into the

3170
02:21:14,560 --> 02:21:16,319
site but not into the buffer but further

3171
02:21:16,319 --> 02:21:19,040
in order to give more space for so

3172
02:21:19,040 --> 02:21:20,319
there's no one parking

3173
02:21:20,319 --> 02:21:22,000
in an area where someone could come in

3174
02:21:22,000 --> 02:21:23,520
and use it as a turnaround

3175
02:21:23,520 --> 02:21:25,120
those are issues we're going to work out

3176
02:21:25,120 --> 02:21:26,720
i mean i can assure you we're going to

3177
02:21:26,720 --> 02:21:27,280
work it out

3178
02:21:27,280 --> 02:21:28,880
but that's not subject to the variance

3179
02:21:28,880 --> 02:21:32,560
request before you in my view

3180
02:21:32,560 --> 02:21:35,439
and yes any work in the town right of

3181
02:21:35,439 --> 02:21:35,920
way

3182
02:21:35,920 --> 02:21:39,200
does require town approval um and if

3183
02:21:39,200 --> 02:21:41,680
it's a changing street or adding street

3184
02:21:41,680 --> 02:21:42,880
or improving the street

3185
02:21:42,880 --> 02:21:44,720
adding new parking on the street

3186
02:21:44,720 --> 02:21:46,000
widening the street

3187
02:21:46,000 --> 02:21:48,000
uh and if someone wants to do it as an

3188
02:21:48,000 --> 02:21:49,760
individual private owner yes they need

3189
02:21:49,760 --> 02:21:51,520
they require town approval

3190
02:21:51,520 --> 02:21:54,960
and and often that approval requires

3191
02:21:54,960 --> 02:21:57,280
mayor and council approval but but

3192
02:21:57,280 --> 02:21:59,280
building a driveway

3193
02:21:59,280 --> 02:22:01,680
off of a public street does not require

3194
02:22:01,680 --> 02:22:03,439
mayor and council approval

3195
02:22:03,439 --> 02:22:08,479
um it's

3196
02:22:08,479 --> 02:22:11,359
if i may uh just you know add to what mr

3197
02:22:11,359 --> 02:22:12,479
tsukubiak said

3198
02:22:12,479 --> 02:22:14,479
first i agree with everything he said

3199
02:22:14,479 --> 02:22:16,399
and the second point i would make

3200
02:22:16,399 --> 02:22:20,319
is that uh if the applicant

3201
02:22:20,319 --> 02:22:24,160
is unable to procure all the necessary

3202
02:22:24,160 --> 02:22:26,560
uh town approvals and perhaps county

3203
02:22:26,560 --> 02:22:28,399
approvals to the extent county approvals

3204
02:22:28,399 --> 02:22:29,439
are required

3205
02:22:29,439 --> 02:22:32,319
to build the houses uh that have been

3206
02:22:32,319 --> 02:22:33,120
authorized

3207
02:22:33,120 --> 02:22:35,040
by the variants so they won't be able to

3208
02:22:35,040 --> 02:22:36,319
build them this is

3209
02:22:36,319 --> 02:22:39,240
precisely it is the first step in a

3210
02:22:39,240 --> 02:22:43,190
multi-multi-layer process

3211
02:22:43,200 --> 02:22:48,950
i'm sure may i

3212
02:22:48,960 --> 02:22:53,040
yes uh

3213
02:22:53,040 --> 02:22:56,399
actually the use you have

3214
02:22:56,399 --> 02:22:58,640
shown on your drawings that you're going

3215
02:22:58,640 --> 02:22:59,520
to remove

3216
02:22:59,520 --> 02:23:02,240
part of the street of chesapeake beach

3217
02:23:02,240 --> 02:23:03,280
that chesapeake beach

3218
02:23:03,280 --> 02:23:06,479
owns and installed i was present when it

3219
02:23:06,479 --> 02:23:07,120
was paid

3220
02:23:07,120 --> 02:23:09,280
the last time i wasn't president was

3221
02:23:09,280 --> 02:23:10,880
paid the first time it was paid when i

3222
02:23:10,880 --> 02:23:12,000
first moved here

3223
02:23:12,000 --> 02:23:14,479
20 years ago so the town chesapeake

3224
02:23:14,479 --> 02:23:16,160
beach owns that right away

3225
02:23:16,160 --> 02:23:21,760
and with without their approval the information that you have on your

3226
02:23:21,760 --> 02:23:22,960
various requests

3227
02:23:22,960 --> 02:23:26,399
is incorrect so that is why i'm saying

3228
02:23:26,399 --> 02:23:29,600
that what you are that there are certain

3229
02:23:29,600 --> 02:23:31,680
aspects of this various requests that

3230
02:23:31,680 --> 02:23:33,040
need to be addressed

3231
02:23:33,040 --> 02:23:35,280
prior to the variance being approved or

3232
02:23:35,280 --> 02:23:39,030
contingent upon the various beings

3233
02:23:39,040 --> 02:23:42,560
thank you mr kohl's mr cole smith uh

3234
02:23:42,560 --> 02:23:47,200
dave ferguson here uh the

3235
02:23:47,200 --> 02:23:50,319
only variances we are approving is the

3236
02:23:50,319 --> 02:23:51,520
seven and a half foot

3237
02:23:51,520 --> 02:23:55,439
setback and the uh encroachment into the

3238
02:23:55,439 --> 02:23:56,640
wetlands buffer

3239
02:23:56,640 --> 02:23:58,560
those are the only two variances that

3240
02:23:58,560 --> 02:24:00,080
this board is addressing

3241
02:24:00,080 --> 02:24:02,720
all of those other issues i believe will

3242
02:24:02,720 --> 02:24:04,000
be addressed

3243
02:24:04,000 --> 02:24:07,439
in the building permit process

3244
02:24:07,439 --> 02:24:11,520
you know later on hey i'm

3245
02:24:11,520 --> 02:24:15,520
madam chairman uh

3246
02:24:15,520 --> 02:24:17,280
the information that you have in front

3247
02:24:17,280 --> 02:24:21,280
of you is the information necessary for you to

3248
02:24:21,280 --> 02:24:24,240
make the determination for the variance

3249
02:24:24,240 --> 02:24:25,840
part of the variance that they're

3250
02:24:25,840 --> 02:24:27,760
requesting is the seven and a half foot

3251
02:24:27,760 --> 02:24:30,560
difference in the setback if i have if

3252
02:24:30,560 --> 02:24:31,280
we have a t

3253
02:24:31,280 --> 02:24:33,280
turn around in front of that house and

3254
02:24:33,280 --> 02:24:35,040
you it is only seven and a half feet

3255
02:24:35,040 --> 02:24:37,840
from the t turn around and i have a

3256
02:24:37,840 --> 02:24:38,800
garbage truck

3257
02:24:38,800 --> 02:24:40,720
and you all have seat garbage trucks

3258
02:24:40,720 --> 02:24:42,160
from the back wheel base

3259
02:24:42,160 --> 02:24:44,240
to the end of the dump of that garbage

3260
02:24:44,240 --> 02:24:46,800
truck is probably seven and a half feet

3261
02:24:46,800 --> 02:24:48,960
so if someone were in a garbage truck

3262
02:24:48,960 --> 02:24:50,960
and use the t turnaround and it was at

3263
02:24:50,960 --> 02:24:51,439
that

3264
02:24:51,439 --> 02:24:54,880
property's entrance or properties

3265
02:24:54,880 --> 02:24:58,000
uh property line and we utilize the

3266
02:24:58,000 --> 02:25:00,000
entire width of the right-of-way

3267
02:25:00,000 --> 02:25:01,760
then that garbage truck would probably

3268
02:25:01,760 --> 02:25:03,280
strike the structure

3269
02:25:03,280 --> 02:25:05,359
so i'm telling you it is very important

3270
02:25:05,359 --> 02:25:06,800
to consider

3271
02:25:06,800 --> 02:25:09,439
what we are doing in that street prior

3272
02:25:09,439 --> 02:25:13,520
to approving a seven and a half foot setback

3273
02:25:13,520 --> 02:25:14,960
allowance

3274
02:25:14,960 --> 02:25:22,710
thank you

3275
02:25:22,720 --> 02:25:26,479
before i go to the board for discussion

3276
02:25:26,479 --> 02:25:30,640
chris uh mr jacobia

3277
02:25:30,640 --> 02:25:36,080
yes can you cite again what will happen

3278
02:25:36,080 --> 02:25:40,560
should uh the variances

3279
02:25:40,560 --> 02:25:45,429
be approved conditionally

3280
02:25:45,439 --> 02:25:48,880
the um the applicant will

3281
02:25:48,880 --> 02:25:52,160
obtain your approval your resolution and

3282
02:25:52,160 --> 02:25:54,720
those conditions will establish

3283
02:25:54,720 --> 02:25:57,680
uh what they actually submit to you or

3284
02:25:57,680 --> 02:25:58,960
to me

3285
02:25:58,960 --> 02:26:03,040
as the zoning administrator um

3286
02:26:03,040 --> 02:26:06,080
a a detailed sally plan like

3287
02:26:06,080 --> 02:26:08,000
what you see here perhaps even more

3288
02:26:08,000 --> 02:26:10,560
detailed will be submitted to me

3289
02:26:10,560 --> 02:26:13,359
and to the town engineer and we will

3290
02:26:13,359 --> 02:26:14,560
review it

3291
02:26:14,560 --> 02:26:19,359
and it will also be reviewed at the same

3292
02:26:19,359 --> 02:26:20,560
time by

3293
02:26:20,560 --> 02:26:23,920
calvert county and

3294
02:26:23,920 --> 02:26:25,359
there are other issues that we even

3295
02:26:25,359 --> 02:26:27,040
haven't even mentioned there's critical

3296
02:26:27,040 --> 02:26:31,030
area mitigation requirements

3297
02:26:31,040 --> 02:26:33,200
for instance this property is probably

3298
02:26:33,200 --> 02:26:35,359
going to have to plant a lot of trees

3299
02:26:35,359 --> 02:26:37,040
uh and if they can't plant them on the

3300
02:26:37,040 --> 02:26:39,040
site they may have to pay a fee in lieu

3301
02:26:39,040 --> 02:26:40,080
of

3302
02:26:40,080 --> 02:26:42,800
planting the trees we may could

3303
02:26:42,800 --> 02:26:44,479
potentially require that part of the

3304
02:26:44,479 --> 02:26:46,640
driveway be

3305
02:26:46,640 --> 02:26:49,439
made of pervious pavers conceivably you

3306
02:26:49,439 --> 02:26:52,080
know there's a whole series of standards that

3307
02:26:52,080 --> 02:26:53,680
have to be applied and met

3308
02:26:53,680 --> 02:26:56,880
and i would imagine a thorough review

3309
02:26:56,880 --> 02:26:58,960
process just like we would give

3310
02:26:58,960 --> 02:27:01,439
uh any applicant even more so because

3311
02:27:01,439 --> 02:27:03,359
it's in the critical area

3312
02:27:03,359 --> 02:27:05,359
so the questions about what the driveway

3313
02:27:05,359 --> 02:27:06,800
is where it's located

3314
02:27:06,800 --> 02:27:09,359
uh what the maneuverability in this

3315
02:27:09,359 --> 02:27:10,000
street

3316
02:27:10,000 --> 02:27:12,800
is and what it ought to be for the type

3317
02:27:12,800 --> 02:27:13,840
of street it is

3318
02:27:13,840 --> 02:27:16,880
all those issues will

3319
02:27:16,880 --> 02:27:19,760
be reflected and i hear mr goldski

3320
02:27:19,760 --> 02:27:21,280
smith's concerns and i

3321
02:27:21,280 --> 02:27:24,080
share some of those concerns too but

3322
02:27:24,080 --> 02:27:26,399
those are ultimately

3323
02:27:26,399 --> 02:27:28,800
site plan issues and town issues about

3324
02:27:28,800 --> 02:27:31,680
how it wants to use its own

3325
02:27:31,680 --> 02:27:35,200
right-of-way but they will be

3326
02:27:35,200 --> 02:27:42,830
addressed yes

3327
02:27:42,840 --> 02:27:47,190
okay

3328
02:27:47,200 --> 02:27:50,950
at this time i think

3329
02:27:50,960 --> 02:27:54,080
the board needs to move into

3330
02:27:54,080 --> 02:27:57,200
its deliberation

3331
02:27:57,200 --> 02:28:00,880
and i'd like to start with uh

3332
02:28:00,880 --> 02:28:05,110
with you mr ferguson

3333
02:28:05,120 --> 02:28:09,680
uh yes madam chair um

3334
02:28:09,680 --> 02:28:12,960
i would uh

3335
02:28:12,960 --> 02:28:16,000
i i'm at the point right now where

3336
02:28:16,000 --> 02:28:19,200
these two particular cases

3337
02:28:19,200 --> 02:28:22,720
uh o2 and o3 are so similar

3338
02:28:22,720 --> 02:28:28,000
that i would like to make a motion

3339
02:28:28,000 --> 02:28:29,920
uh well i won't make a motion until

3340
02:28:29,920 --> 02:28:31,200
after we've heard from all the board

3341
02:28:31,200 --> 02:28:32,720
members but i believe

3342
02:28:32,720 --> 02:28:36,000
uh you know that this one looks

3343
02:28:36,000 --> 02:28:38,880
uh very much like the previous case and

3344
02:28:38,880 --> 02:28:40,560
that we should uh

3345
02:28:40,560 --> 02:28:44,080
you know ask mr sussman to uh to

3346
02:28:44,080 --> 02:28:47,280
draft a memo uh with

3347
02:28:47,280 --> 02:28:54,319
uh approval and conditions

3348
02:28:54,319 --> 02:29:00,230
uk

3349
02:29:00,240 --> 02:29:04,469
you're muted

3350
02:29:04,479 --> 02:29:14,319
so sorry uh i agree with mr ferguson these cases are

3351
02:29:14,319 --> 02:29:19,120
extremely similar i think all of us have

3352
02:29:19,120 --> 02:29:22,479
well certainly mr cole smith has brought

3353
02:29:22,479 --> 02:29:25,920
up some excellent points and if they're

3354
02:29:25,920 --> 02:29:30,150
going to be addressed

3355
02:29:30,160 --> 02:29:32,319
then i think we ought to have that

3356
02:29:32,319 --> 02:29:33,920
memorandum from

3357
02:29:33,920 --> 02:29:36,399
mr sussman and take a look at the

3358
02:29:36,399 --> 02:29:38,720
conditions and see what uh makes sense

3359
02:29:38,720 --> 02:29:45,990
or does it make sense

3360
02:29:46,000 --> 02:29:49,920
mr holm star i agree with both mr

3361
02:29:49,920 --> 02:30:02,830
ferguson and miss brooking

3362
02:30:02,840 --> 02:30:07,990
okay

3363
02:30:08,000 --> 02:30:13,429
uh david you're muted excuse me

3364
02:30:13,439 --> 02:30:17,359
thank you i uh i'm unmuted now

3365
02:30:17,359 --> 02:30:19,439
i was just going to say i will make a

3366
02:30:19,439 --> 02:30:20,560
motion

3367
02:30:20,560 --> 02:30:27,750
that uh the board

3368
02:30:27,760 --> 02:30:32,319
asked mr sussman to uh draft a memo

3369
02:30:32,319 --> 02:30:35,040
reflecting approval of the two variances

3370
02:30:35,040 --> 02:30:36,240
in this case

3371
02:30:36,240 --> 02:30:40,399
and proposing uh some conditions

3372
02:30:40,399 --> 02:30:43,520
including the one recommended by mr

3373
02:30:43,520 --> 02:30:44,560
jacobiak

3374
02:30:44,560 --> 02:30:48,319
that the building be on pilings

3375
02:30:48,319 --> 02:30:52,080
uh and others that uh you know

3376
02:30:52,080 --> 02:30:54,160
we may wish to consider based upon the

3377
02:30:54,160 --> 02:30:56,560
testimony we've heard

3378
02:30:56,560 --> 02:30:58,840
and provide those to the board for

3379
02:30:58,840 --> 02:31:02,870
consideration

3380
02:31:02,880 --> 02:31:26,830
i second the motion made and accepted

3381
02:31:26,840 --> 02:31:31,030
approved

3382
02:31:31,040 --> 02:31:35,750
and uh mr sussman

3383
02:31:35,760 --> 02:31:38,880
you will prepare the resolution

3384
02:31:38,880 --> 02:31:40,479
yes madam chair i'll prepare both

3385
02:31:40,479 --> 02:31:45,910
resolutions for the board

3386
02:31:45,920 --> 02:31:52,230
okay

3387
02:31:52,240 --> 02:32:08,070
with that

3388
02:32:08,080 --> 02:32:17,349
well now

3389
02:32:17,359 --> 02:32:20,960
i will now take a look at the resolution

3390
02:32:20,960 --> 02:32:29,030
i assume you have a copy of it

3391
02:32:29,040 --> 02:32:31,040
madam chairman i think i can go ahead

3392
02:32:31,040 --> 02:32:32,640
and sign off now i just wanted to thank

3393
02:32:32,640 --> 02:32:34,880
everybody for their time tonight

3394
02:32:34,880 --> 02:32:38,240
um i know there was a lot there

3395
02:32:38,240 --> 02:32:39,680
challenging lots so i appreciate

3396
02:32:39,680 --> 02:32:41,600
everybody's time and consideration

3397
02:32:41,600 --> 02:32:45,040
thank you thank you yeah thanks very

3398
02:32:45,040 --> 02:32:46,319
much

3399
02:32:46,319 --> 02:33:00,070
have a good night good night

3400
02:33:00,080 --> 02:33:03,120
uh yes thank you very much

3401
02:33:03,120 --> 02:33:13,750
thank you thank you too

3402
02:33:13,760 --> 02:33:17,120
okay we'll now move on to review of the

3403
02:33:17,120 --> 02:33:18,840
written

3404
02:33:18,840 --> 02:33:21,200
decision

3405
02:33:21,200 --> 02:33:24,680
uh for the board of appeals case

3406
02:33:24,680 --> 02:33:27,990
2020-1

3407
02:33:28,000 --> 02:33:31,680
board of education of calvary county um

3408
02:33:31,680 --> 02:33:34,319
beach elementary school replacement

3409
02:33:34,319 --> 02:33:35,600
project

3410
02:33:35,600 --> 02:33:39,120
at seventy nine hundred o bayside road

3411
02:33:39,120 --> 02:33:49,040
chesapeake beach maryland

3412
02:33:49,040 --> 02:33:54,710
has um all of the board members

3413
02:33:54,720 --> 02:33:58,950
received and reviewed the resolution

3414
02:33:58,960 --> 02:34:17,910
yes yes

3415
02:34:17,920 --> 02:34:23,510
sharon do we have required signatures

3416
02:34:23,520 --> 02:34:25,359
um what i'll do is i'll send the

3417
02:34:25,359 --> 02:34:26,560
resolution out

3418
02:34:26,560 --> 02:34:32,389
uh via docusign for everybody to sign it

3419
02:34:32,399 --> 02:34:38,469
if you approve it of course

3420
02:34:38,479 --> 02:34:44,720
any comments from board members

3421
02:34:44,720 --> 02:34:47,680
i only have one administ administrative

3422
02:34:47,680 --> 02:34:48,880
observation

3423
02:34:48,880 --> 02:34:52,000
and it may be an incompatibility of the

3424
02:34:52,000 --> 02:34:52,800
version of

3425
02:34:52,800 --> 02:34:55,600
microsoft word i've got but every page

3426
02:34:55,600 --> 02:34:56,319
number is

3427
02:34:56,319 --> 02:34:59,680
two we have ten pages two ten second

3428
02:34:59,680 --> 02:35:00,720
pages

3429
02:35:00,720 --> 02:35:03,840
um uh

3430
02:35:03,840 --> 02:35:07,040
mr ferguson the one that i was sent out

3431
02:35:07,040 --> 02:35:09,680
has every page separately numbered there

3432
02:35:09,680 --> 02:35:10,800
were ten pages

3433
02:35:10,800 --> 02:35:14,720
and at the bottom you know so that's why i said it may have been an

3434
02:35:14,720 --> 02:35:16,800
incompatibility with my version of word

3435
02:35:16,800 --> 02:35:19,439
i've got an older version

3436
02:35:19,439 --> 02:35:27,439
so mine has 10 pages okay

3437
02:35:27,439 --> 02:35:30,720
i'm assuming everyone else's does

3438
02:35:30,720 --> 02:35:34,160
jan yes ma'am mine does

3439
02:35:34,160 --> 02:35:37,439
yeah okay that's why i said it was

3440
02:35:37,439 --> 02:35:39,359
administrative

3441
02:35:39,359 --> 02:35:42,479
um i had one

3442
02:35:42,479 --> 02:35:46,000
i thought the the uh

3443
02:35:46,000 --> 02:35:49,280
everything was written up really well

3444
02:35:49,280 --> 02:35:51,359
i thought this was very well documented

3445
02:35:51,359 --> 02:35:56,160
and uh i didn't have any issues

3446
02:35:56,160 --> 02:35:59,520
with uh anything except uh

3447
02:35:59,520 --> 02:36:03,670
on the next to last page

3448
02:36:03,680 --> 02:36:06,790
the

3449
02:36:06,800 --> 02:36:09,680
near the bottom of the next to last page

3450
02:36:09,680 --> 02:36:10,560
uh

3451
02:36:10,560 --> 02:36:12,960
paragraph c says this variance is

3452
02:36:12,960 --> 02:36:14,720
subject to the time limitation

3453
02:36:14,720 --> 02:36:18,880
set forth in 290-32h of the town code

3454
02:36:18,880 --> 02:36:20,479
and then the special exception is

3455
02:36:20,479 --> 02:36:22,080
subject to time limits

3456
02:36:22,080 --> 02:36:25,520
sent forth in 290-12 i three

3457
02:36:25,520 --> 02:36:28,880
of the town code so i recall

3458
02:36:28,880 --> 02:36:32,399
a case not too long ago where we

3459
02:36:32,399 --> 02:36:35,040
as the board had to go in and reconsider

3460
02:36:35,040 --> 02:36:36,800
or grant an extension

3461
02:36:36,800 --> 02:36:40,399
because somebody didn't get their permit

3462
02:36:40,399 --> 02:36:42,479
didn't start building within the one

3463
02:36:42,479 --> 02:36:45,600
year time limit and

3464
02:36:45,600 --> 02:36:48,000
having 41 years experience is a

3465
02:36:48,000 --> 02:36:48,640
government

3466
02:36:48,640 --> 02:36:51,840
plan planning programming and budgeter i

3467
02:36:51,840 --> 02:36:52,160
know

3468
02:36:52,160 --> 02:36:54,080
this is a government project to build

3469
02:36:54,080 --> 02:36:55,760
this school

3470
02:36:55,760 --> 02:36:59,600
and our town code i looked it up

3471
02:36:59,600 --> 02:37:03,359
and and both time limits are

3472
02:37:03,359 --> 02:37:06,880
uh the the approvals

3473
02:37:06,880 --> 02:37:10,319
are valid for a period of one year uh

3474
02:37:10,319 --> 02:37:13,680
unless a zoning permit is obtained and

3475
02:37:13,680 --> 02:37:18,800
erection of the alter or alteration uh

3476
02:37:18,800 --> 02:37:22,399
is underway uh

3477
02:37:22,399 --> 02:37:24,720
and then there's also on the special

3478
02:37:24,720 --> 02:37:26,240
exception it's

3479
02:37:26,240 --> 02:37:29,120
one year and there can be two successive

3480
02:37:29,120 --> 02:37:30,640
extensions

3481
02:37:30,640 --> 02:37:32,880
of periods not longer than six months

3482
02:37:32,880 --> 02:37:33,760
each

3483
02:37:33,760 --> 02:37:36,960
so i'm just i looked back through all of

3484
02:37:36,960 --> 02:37:39,760
the documentation on the school project

3485
02:37:39,760 --> 02:37:42,800
and i didn't find a date

3486
02:37:42,800 --> 02:37:46,080
a funding year or a start date or when

3487
02:37:46,080 --> 02:37:46,399
they

3488
02:37:46,399 --> 02:37:49,680
intend to start construction so i'm

3489
02:37:49,680 --> 02:37:51,840
you know wondering if we're building

3490
02:37:51,840 --> 02:37:53,760
ourselves a box here

3491
02:37:53,760 --> 02:37:57,840
uh you know because this

3492
02:37:57,840 --> 02:38:01,439
uh variance is limited to

3493
02:38:01,439 --> 02:38:03,920
one year and is the school construction

3494
02:38:03,920 --> 02:38:04,960
going to be

3495
02:38:04,960 --> 02:38:09,110
sufficiently underway

3496
02:38:09,120 --> 02:38:13,120
and i don't know that we have any option

3497
02:38:13,120 --> 02:38:15,680
to grant them a longer period of time

3498
02:38:15,680 --> 02:38:17,600
because it's in the town code

3499
02:38:17,600 --> 02:38:19,760
so that i just thought i should express

3500
02:38:19,760 --> 02:38:22,080
that concern

3501
02:38:22,080 --> 02:38:23,760
and mr ferguson i think that you're

3502
02:38:23,760 --> 02:38:25,439
absolutely right uh

3503
02:38:25,439 --> 02:38:27,840
even if it was not in the resolution

3504
02:38:27,840 --> 02:38:29,359
it's in the town code and they would

3505
02:38:29,359 --> 02:38:31,600
still be bound by those time limits

3506
02:38:31,600 --> 02:38:34,319
uh and then if they're approaching the

3507
02:38:34,319 --> 02:38:35,280
end of them

3508
02:38:35,280 --> 02:38:38,240
and they're still uh not underway yet

3509
02:38:38,240 --> 02:38:39,840
they can come back to the board for an

3510
02:38:39,840 --> 02:38:41,040
extension

3511
02:38:41,040 --> 02:38:44,960
yeah so don't buy paperwork away we may

3512
02:38:44,960 --> 02:38:47,280
see this again

3513
02:38:47,280 --> 02:38:51,120
exactly well um

3514
02:38:51,120 --> 02:38:54,399
the clock will essentially start

3515
02:38:54,399 --> 02:38:56,960
once they come they have a year to come

3516
02:38:56,960 --> 02:38:58,080
in and obtain a

3517
02:38:58,080 --> 02:39:00,800
zoning permit right then that extends

3518
02:39:00,800 --> 02:39:01,359
things

3519
02:39:01,359 --> 02:39:04,319
again and i expect them in front of the

3520
02:39:04,319 --> 02:39:05,840
planning commission

3521
02:39:05,840 --> 02:39:09,120
imminently maybe even in september quite

3522
02:39:09,120 --> 02:39:10,000
conceivably

3523
02:39:10,000 --> 02:39:13,040
if not then certainly october um

3524
02:39:13,040 --> 02:39:14,640
and i have a sense that they're moving

3525
02:39:14,640 --> 02:39:16,560
pretty pretty quickly but i had the

3526
02:39:16,560 --> 02:39:17,920
exact same issue

3527
02:39:17,920 --> 02:39:19,520
concerned i thought about bringing it to

3528
02:39:19,520 --> 02:39:21,439
your attention then i saw

3529
02:39:21,439 --> 02:39:24,080
the the code doesn't allow us for you to

3530
02:39:24,080 --> 02:39:25,120
put a condition

3531
02:39:25,120 --> 02:39:27,600
in the approval to extend that and i

3532
02:39:27,600 --> 02:39:28,800
thought wow that would be a nice thing

3533
02:39:28,800 --> 02:39:30,479
to have the ability for the board of

3534
02:39:30,479 --> 02:39:31,600
appeals to

3535
02:39:31,600 --> 02:39:35,280
extend an approval as you grant it i

3536
02:39:35,280 --> 02:39:36,960
know some jurisdictions do that

3537
02:39:36,960 --> 02:39:38,640
yeah let us talk to the town council

3538
02:39:38,640 --> 02:39:40,160
about that right

3539
02:39:40,160 --> 02:39:43,680
maybe it's yeah worthwhile doing okay

3540
02:39:43,680 --> 02:39:47,359
that was my only concern i i know

3541
02:39:47,359 --> 02:39:50,160
you know that the not only do you have

3542
02:39:50,160 --> 02:39:52,080
the timeline for the permitting

3543
02:39:52,080 --> 02:39:55,200
and you know process and zoning but then

3544
02:39:55,200 --> 02:39:55,520
you

3545
02:39:55,520 --> 02:39:57,439
then you've got the whole government

3546
02:39:57,439 --> 02:39:59,520
budgeting process and nothing happens

3547
02:39:59,520 --> 02:40:05,670
faster

3548
02:40:05,680 --> 02:40:09,359
well that concludes

3549
02:40:09,359 --> 02:40:12,319
our hearings for today well madam chair

3550
02:40:12,319 --> 02:40:18,150
you need a vote on the resolution

3551
02:40:18,160 --> 02:40:20,800
i thought we did that maybe i'm not it

3552
02:40:20,800 --> 02:40:25,030
is time

3553
02:40:25,040 --> 02:40:30,160
everyone received their copy reviewed it

3554
02:40:30,160 --> 02:40:36,150
let me take the vote

3555
02:40:36,160 --> 02:40:41,990
mr ferguson hi

3556
02:40:42,000 --> 02:40:47,349
mr k hi

3557
02:40:47,359 --> 02:40:57,190
mr hoonstown hi

3558
02:40:57,200 --> 02:41:04,469
the resolution is accepted and

3559
02:41:04,479 --> 02:41:08,150
one side

3560
02:41:08,160 --> 02:41:15,190
will be placed in the record

3561
02:41:15,200 --> 02:41:19,830
and that concludes

3562
02:41:19,840 --> 02:41:22,960
our hearing unless there's something

3563
02:41:22,960 --> 02:41:23,359
else

3564
02:41:23,359 --> 02:41:35,349
you like to address anything else

3565
02:41:35,359 --> 02:41:49,269
thank you thank you thank you good night everybody

3566
02:41:49,279 --> 02:41:51,359
you