[0:00] that's ready to get started um

[0:03] this uh for this will be um my name is

[0:06] jody hunstar and this will be

[0:08] my uh first go of trying to uh chair the

[0:11] board of appeals

[0:12] so i'm going to ask uh uh the

[0:15] the um town council to feel free to

[0:18] chime in

[0:19] if i am uh doing something out of order

[0:22] um but uh let's see i guess we'll

[0:26] we'll kick this uh this meeting off for

[0:28] the board of appeals on

[0:30] april 27th um i believe we start with a

[0:34] uh

[0:34] called order and a roll call so i will

[0:37] check

[0:37] it looks like i'm seeing people pop on

[0:39] here so hopefully they're uh

[0:42] they can hear me um but i guess we'll

[0:44] just start with uh

[0:45] uh mr david ferguson are you in

[0:47] attendance

[0:50] i see you talking uh you're muted by

[0:53] them

[0:55] david unmute yourself okay

[0:58] there we go i i am here hi mr perkins um

[1:02] uh we'll pop over and see i see paul

[1:05] dougherty

[1:05] on here he might not have mike

[1:09] i'm present okay all good uh last one

[1:12] is kelly stewart do we have kelly

[1:14] stewart in attendance

[1:18] hearing none um i believe we have a

[1:20] quorum and can

[1:22] uh ken move on um

[1:26] so the first case on the docket is

[1:30] 2021-1 by uh mr colin wana

[1:33] um of 8736 bayside road uh requesting a

[1:37] variance to section 290 19a

[1:40] uh of the zoning code to allow a new

[1:43] house

[1:43] uh to encroach into the uh eight foot

[1:46] psi yard

[1:47] so i think uh if my understanding is

[1:49] correct i'll pass it off to mr

[1:51] wanna or his representative to

[1:54] discuss mr chairman

[1:57] before you go there according to the

[1:59] procedures

[2:00] and the order of presentation uh first

[2:04] you need to incorporate the file and the

[2:06] record

[2:07] provided by staff into the into the

[2:10] record of the hearing tonight

[2:12] which essentially should be the

[2:14] application

[2:15] and i think uh the staff is

[2:20] showing on the screen you know what is

[2:23] part of the materials it looks like

[2:26] for this particular application there

[2:29] are

[2:29] 25 pages of materials

[2:33] and i i believe that staff

[2:36] also has uh some confirmation

[2:39] of that the required advertising posting

[2:42] and mailing

[2:43] of this uh hearing relating to this

[2:46] hearing

[2:46] have been successfully uh complied with

[2:49] uh you may want to ask

[2:51] staff to confirm that okay i'll pass it

[2:54] over to um

[2:55] to sharon if that is indeed the case

[3:00] yes notification was public for three

[3:03] consecutive weeks beginning april 9th

[3:06] uh in the calvert recorder on march

[3:09] 30th 2021 the planning and zoning was

[3:12] notified of the hearing

[3:14] notification was sent registered mail to

[3:17] applicant on

[3:18] march 30th and adjoining property owners

[3:20] on april 9

[3:22] and the property was posted on april 9

[3:24] 2021

[3:28] thank you

[3:32] um so within the uh sharon what was the

[3:35] date of the posting

[3:38] posting was april 9th okay

[3:41] i thought that's what you said thank you

[3:43] very much

[3:48] okay uh should we go to the petitioner

[3:51] or does this go to the uh

[3:53] staff uh report from mr jacobian

[3:57] go to the petitioner first okay uh

[4:00] passing it over

[4:01] um to mr wunup or his representative

[4:05] yes uh can you hear me yes

[4:09] oh great uh well first i'd just like to

[4:13] thank you jody

[4:14] and the rest of the board for your time

[4:17] and uh thank you to sharon hum and chris

[4:20] jacobiak

[4:21] for guiding me through this application

[4:24] process

[4:25] my name is colin wanna and

[4:28] my wife natalie wanap and i bought our

[4:31] house

[4:33] in chesapeake beach three years ago

[4:36] i worked for the fda in silver spring

[4:39] and she works for a digital marketing

[4:41] company in

[4:43] baltimore the house we purchased on

[4:46] bayside road is in the most northern

[4:49] neighborhood of chesapeake beach

[4:52] our house is one of those cottage style

[4:56] beach houses we love the town and want

[5:00] to start a family

[5:02] but our home is only one bedroom

[5:06] and houses of one bedroom can't

[5:09] really accommodate children so

[5:12] our plan is to add an additional two

[5:15] bedrooms

[5:16] to the back of the house currently in

[5:19] the back of the house there is a

[5:21] a deck and we want to replace that deck

[5:25] with this edition

[5:28] so just to be clear this would continue

[5:32] the existing profile of the house

[5:35] straight back we wouldn't be changing

[5:38] anything

[5:39] to the front of the house or the sides

[5:42] or the top

[5:43] and in order to do this i need approval

[5:47] from the board because of chesapeake

[5:50] beach code

[5:52] 29019 requires

[5:55] an eight feet setback

[5:58] for additions and

[6:03] this addition that i would be adding

[6:05] would not be

[6:06] encroaching any closer to the property

[6:09] line

[6:10] it would just be extending the perimeter

[6:13] of the house

[6:15] towards the back by an additional 14 and

[6:17] a half feet

[6:19] now both my next door neighbors have

[6:22] signed

[6:23] letters of support uh for for me and my

[6:26] wife

[6:27] they do support us on this project i've

[6:30] also shared the plans with chris

[6:32] and he has reviewed them and says that

[6:35] everything

[6:36] should check out if if the board does

[6:38] approve

[6:40] so at this point i'd be happy to

[6:43] elaborate

[6:44] on any of the details that i've provided

[6:48] so far or um to answer questions from

[6:51] from those of you

[6:55] all right thank you um i think we can

[6:57] hold the questions

[6:59] uh for the moment and pass it over to mr

[7:02] takubiak for his

[7:04] staff presentation at which point will

[7:06] take

[7:07] additional testimony or opposition if

[7:09] any exists

[7:11] thank you mr chairman and welcome to the

[7:13] board of appeals

[7:14] thank you so far so good um

[7:18] yes i i like to

[7:22] thank um the applicant has been very

[7:25] helpful and

[7:26] responsive and provided in a really

[7:28] accident excellent

[7:29] application

[7:30] [Music]

[7:32] in anticipation of obtaining his zoning

[7:34] permit what you'll need

[7:37] the this lot is uh

[7:40] quite small it's so it is one of the

[7:43] cottage houses

[7:44] it's also one of the very small lots

[7:46] it's a 3 000

[7:48] square foot lot the minimum lot size in

[7:51] the zone is 6 000

[7:53] square feet so it's got a small lot it's

[7:56] um

[7:57] only 30 feet wide

[8:01] the standard or minimum lot size in the

[8:04] zoning district

[8:05] is 50. so the applicant is

[8:10] building on a constrained lot to begin

[8:13] with

[8:13] uh and he is accurate in describing that

[8:16] the proposed edition would come no

[8:20] closer

[8:21] to the side lot line than it currently

[8:23] does and it would be

[8:24] 5.2 feet away from the

[8:27] side lot line uh

[8:30] as you know you might have seen the

[8:32] staff report there are

[8:34] a number of conditions that the board

[8:37] has to

[8:38] find have been established

[8:41] and i'll just just by way of introducing

[8:45] each of the conditions just

[8:47] maybe offer some observations about each

[8:50] one

[8:51] certainly i'm here if you have any need

[8:53] for deliberations or need more facts

[8:56] uh to support a decision the first

[9:00] standard speaks to

[9:04] a harmonious type of project

[9:07] with respect to the neighborhood the

[9:08] granting of the variants will

[9:10] shall be in harmony with the general

[9:11] purpose and intent of this chapter

[9:14] and shall not be injurious to the

[9:16] neighborhood

[9:17] or otherwise detrimental to the public

[9:19] welfare

[9:21] and i always share with you based on a

[9:24] lot of experience in in town that

[9:26] this project is uh in keeping with the

[9:29] pattern that has been established

[9:31] uh not only in this neighborhood but in

[9:34] all of the larger neighborhood uh from

[9:37] maryland 260 north um

[9:40] where the lots are relatively small and

[9:43] additions do get built from time to time

[9:46] and do require variances um the property

[9:49] is in the critical area

[9:51] um as uh the applicant mentioned though

[9:54] this um

[9:58] this uh addition would be built over

[10:01] existing development on the lot the

[10:02] existing um deck

[10:06] it may create some additional impervious

[10:09] surface

[10:10] when when all said and done um and if it

[10:13] does

[10:13] there will be some critical area

[10:15] mitigation that's necessary to deal with

[10:17] the potential

[10:18] impact of added water flowing off the

[10:21] property

[10:22] but that is typical for all development

[10:24] projects in the critical

[10:25] area and this is not the most intensive

[10:28] or the most

[10:29] restrictive part of the critical area

[10:31] it's actually called the ida

[10:33] the intensive development area and

[10:36] it really anticipates uh an urban type

[10:39] of development

[10:41] in keeping with the pattern of the

[10:42] neighborhood the second one is that the

[10:45] granting of the variants would not

[10:46] permit the existence

[10:47] within the district of any use which is

[10:50] not permitted

[10:51] in that district uh and clearly the

[10:54] applicant is just expanding

[10:56] his proposed or his house and he's not

[10:59] changing the use

[11:00] as it turns out this property is

[11:02] actually zoned uh

[11:03] commercial um and it's essentially a

[11:07] non-conforming use

[11:08] within the commercial zone

[11:11] but the expansion is not uh greater than

[11:14] 50

[11:15] of the total floor area it's an

[11:16] allowable expansion within the

[11:18] commercial zoning district

[11:22] um three that there are special

[11:25] circumstances or conditions

[11:28] described in the findings applying to

[11:31] the land

[11:32] or the buildings for which the variance

[11:34] is sought

[11:35] which conditions are peculiar to the

[11:39] land or buildings and do not apply

[11:42] generally to land or buildings in the

[11:45] neighborhood

[11:47] and that said conditions or

[11:49] circumstances are such that

[11:52] strict interpretation of the chapter

[11:54] would deprive

[11:55] the applicant of reasonable use of the

[11:58] land

[11:59] or building

[12:02] this is in many ways often a hard

[12:05] standard to

[12:06] meet within chesapeake beach where there

[12:09] is a pattern of smaller

[12:11] non-conforming lots like we have here

[12:15] um but the applicant's house is already

[12:17] located 5.2 feet from the sidelot line

[12:20] and this you know this actual dimension

[12:23] is not one that is generally

[12:24] found within the commercial district

[12:27] though

[12:28] it is a pattern within the neighborhood

[12:30] that

[12:31] the required eight feet

[12:34] is not met the required eight foot side

[12:37] yard is not typically met

[12:39] on these 30 foot lots so uh strictly

[12:43] applying the eight foot

[12:44] required setback would require the

[12:46] applicant to

[12:47] adjust the addition somewhat it would

[12:49] effectively require

[12:51] that the addition jog in us

[12:54] a couple feet to make that

[12:57] um eight foot separation work

[13:04] so that's something for the the board to

[13:06] consider

[13:07] um this would effectively mean that the

[13:11] the the wall

[13:15] uh facing the lot line would um

[13:19] would jog just slightly uh

[13:22] off of the main profile of the building

[13:25] for that there exists unnecessary

[13:27] hardship uh

[13:28] in other words the applicant in light of

[13:32] the conditions of the land and the lot

[13:34] wouldn't be able to do something that a

[13:37] reasonable

[13:39] applicant should be able to do under the

[13:41] zoning laws

[13:43] and therefore suffer a hardship

[13:47] if the hardship is general that is

[13:49] shared generally by land or buildings in

[13:51] the neighborhood

[13:51] then the relief shall be properly

[13:53] obtained only by legislative action

[13:56] or by court review or attack on the

[13:58] validity of the ordinance

[14:00] uh that's quite a um a burden to put on

[14:03] any

[14:04] individual applicant and the planning in

[14:06] the the board of appeals is typically

[14:08] found that

[14:08] uh when there are non-conforming lots

[14:11] and additions that are reasonable that

[14:16] this standard is is met

[14:20] there are as you know within this part

[14:22] of town a lot of

[14:25] properties that are small there are a

[14:26] lot of buildings that

[14:28] uh are not conforming

[14:32] to the setback requirements all of them

[14:36] are different on some level but there

[14:38] are many

[14:39] lots in this category five the granting

[14:42] the variance is necessary for the

[14:44] reasonable use of the land or building

[14:46] and that the variance as granted by the

[14:48] board is the minimum

[14:50] variance that will accomplish this

[14:53] purpose

[14:55] so the question is

[14:58] can the applicant persuade you that

[15:01] he needs all 5.2

[15:04] feet or

[15:10] in order to build the the addition uh

[15:13] that's being proposed or i should say

[15:15] the 2.8 feet of

[15:17] encroachment into the setback does he

[15:20] really need that or can

[15:22] the addition work while

[15:26] the full 8 feet is provided

[15:31] and for that answer you may want to

[15:34] question the applicant about his floor

[15:37] plans and

[15:38] the design of his project so that you

[15:40] could understand

[15:41] the what in construction terms is

[15:45] actually happening there

[15:47] uh sometimes we hear or we see we apply

[15:49] the standard

[15:50] standard and we try to apply it strictly

[15:52] and we've realized that

[15:54] there's no way you can build half a

[15:55] bathroom or

[15:57] you can't take three feet off of a

[16:00] small bedroom because all of a sudden

[16:02] you've eliminated a closet

[16:04] and so when you start looking at these

[16:07] things in practical terms

[16:09] uh the the um there's a lot more clarity

[16:14] so so those are the standards there's

[16:16] five of them that generally you have to

[16:17] meet

[16:18] that an applicant has to meet and um

[16:22] as the hearing goes on if you have any

[16:23] questions uh please let me know

[16:26] uh thank you mr kubiak is there any

[16:28] recommendation you

[16:30] or planning and zoning in general would

[16:32] like to make

[16:33] at this point i would recommend approval

[16:36] of this application

[16:37] since you've asked thank you and for

[16:39] many of the reasons i mentioned

[16:41] i i think it does on balance comply with

[16:43] the standards

[16:45] thank you um i believe at this point we

[16:49] uh

[16:49] is there anything you'd like to add on

[16:50] to that uh mr one up at this time

[16:54] no no and and once again i just want to

[16:57] thank

[16:58] uh chris and the rest of the board here

[17:02] for uh your time and to sharon

[17:05] uh i've you know everyone's been really

[17:08] helpful in this process and uh

[17:10] i i can't recommend uh them enough it's

[17:14] been

[17:14] a delight working with them

[17:18] um at this uh at this point uh i believe

[17:22] i believe we had some

[17:23] documents entered into the record from

[17:26] your neighbors who are proponents of

[17:28] your proposal um is there anyone else

[17:31] who would like to

[17:32] speak at this time either as a proponent

[17:35] for um mr juana if you do please

[17:39] state your name and address and uh

[17:41] you're speaking on your own behalf

[17:49] uh hearing none um are there any

[17:52] is there anybody who is standing in

[17:54] opposition to

[17:56] the plans presented here

[18:02] hearing none um mr sussman is this am i

[18:06] correct in that this is the point in

[18:07] time where we go

[18:08] on to question and answer from the board

[18:12] yes thank you sure um i will pass it

[18:15] over

[18:16] to um either mr doherty or mr ferguson

[18:20] for any follow-up questions

[18:22] or uh anything in general you'd like to

[18:24] uh to address

[18:25] the attendees here this is david

[18:29] ferguson

[18:30] um i and just looking at a map that

[18:34] looks like

[18:36] the adjoining property on the side where

[18:39] we're asking for the waiver is a vacant

[18:43] lot or parking lot is that correct

[18:47] uh that that is correct yes uh but there

[18:50] is a house

[18:51] that is uh a little bit back uh further

[18:54] so

[18:55] um i'm sure you're probably familiar

[18:57] with uh

[18:58] neptune's neptune's across street has

[19:02] this

[19:02] a parking lot there and

[19:05] um the owner bill he

[19:09] he owns that lot and yeah he has

[19:12] he he he has signed saying that he

[19:15] endorses

[19:16] um this this project yeah

[19:19] that was my point is it uh

[19:22] you know a 2.7 foot

[19:26] encroachment or a parking lot isn't

[19:29] really crowding a lot

[19:30] uh and especially since the existing

[19:33] house and the

[19:35] the block shed are at that same

[19:38] line um you know it it

[19:43] doesn't seem to me that this is much of

[19:45] an imposition

[19:46] from the uh from the setback uh

[19:50] perspective um the uh

[19:54] you know potential uh

[19:59] you know mitigation of uh you know being

[20:02] in the critical area

[20:03] of you know the improved

[20:06] area you know might be something that

[20:09] you'll have to work

[20:11] with the talent on but uh

[20:14] that that was my observation is that

[20:17] you know you're not building

[20:20] um five feet from another structure uh

[20:25] there's right yeah

[20:28] okay thank you yeah thank you for that

[20:31] mr chairman can i weigh in on that

[20:34] answer a little bit or just please do

[20:35] thank you um

[20:36] just factually um

[20:40] the the

[20:43] the area that um

[20:50] um um

[20:54] never mind i think yeah what i guess

[20:56] what i would say is that the

[20:58] variance encroaches onto the south side

[21:00] as well

[21:02] of the lot right so it's it's a

[21:06] variant flies there

[21:09] correct yeah so like my name my neighbor

[21:12] to the south

[21:14] um

[21:17] because it's a 30-foot

[21:20] wide lot and the house is 22 and a half

[21:24] feet uh on both sides it does

[21:28] um it does fall into that eight feet

[21:32] setback

[21:32] uh however as as as we've discussed

[21:36] you know this would would be continuing

[21:38] the existing profile of the house

[21:40] uh and and um you know wouldn't be

[21:44] encroaching further and um as i've

[21:47] mentioned

[21:47] both of those neighbors have um

[21:51] you know you know signed letters of

[21:52] support um

[21:54] so i i know it wouldn't be an issue

[21:58] with with those owners

[22:02] thank you very good

[22:08] is there anything else the board would

[22:09] like to uh question

[22:11] at this time

[22:16] okay uh hearing none um

[22:21] yes go ahead i was gonna say there's the

[22:23] opportunity

[22:24] for uh the applicant to make any

[22:27] summary statements or closing remarks as

[22:30] well as for mr jakubiak

[22:32] if either of them care to add anything

[22:34] to what's already been said

[22:38] i mean i would i would just echo my uh

[22:40] thank you

[22:41] to to those who have helped me

[22:47] thank you um okay at this point i will

[22:50] open it up for any

[22:52] uh any more public statements on the

[22:54] matter

[22:58] hearing none um i believe that that is

[23:01] the close

[23:02] of the public hearing and do i hear

[23:05] a motion made to begin deliberations on

[23:09] this particular case

[23:14] uh this is dave ferguson uh so moved

[23:17] uh second anybody i will suck at that

[23:21] thank you uh in that case uh public

[23:23] comment is closed

[23:25] um the board can begin discussion as

[23:27] they see fit

[23:28] the floor is open

[23:32] mr chairman uh before the board

[23:35] begins deliberation just to reiterate

[23:38] the protocol that we've established in

[23:40] prior hearings

[23:42] once the board decides conceptually

[23:45] what position i want to take on the

[23:47] application typically the board will

[23:50] request that i prepare a resolution

[23:54] to embody the board decision and that

[23:56] will be provided

[23:58] back to you for review and formal

[24:00] approval

[24:01] sounds good thank you

[24:08] okay i'll i'll chime in and i want to

[24:12] thank

[24:14] mr jacobiak for an excellent

[24:18] staff report on this he's addressed all

[24:21] of the five

[24:21] conditions that must be met in order to

[24:25] grant a variance and uh

[24:28] from my perspective the application does

[24:31] satisfy

[24:32] those five conditions so uh

[24:35] i'm inclined to support the the variance

[24:39] request

[24:42] thank you is there anything you'd like

[24:46] to uh add to this mr dougherty

[24:48] uh my thinking is along the same lines

[24:51] as david

[24:52] uh i want to thank chris for that that

[24:55] uh

[24:55] staff report because that did help me a

[24:58] lot

[24:59] this being my first hearing in coming to

[25:01] a decision

[25:06] okay uh i think we can skip to the um

[25:10] uh the the voting if we'd like to um mr

[25:14] ferguson how do you do you find that the

[25:16] standards have been

[25:18] met in this particular case i do

[25:21] indeed and i vote to approve okay thank

[25:24] you

[25:25] mr dougherty i also vote to approve

[25:28] okay uh then with uh quorum we are

[25:31] approved

[25:32] um would the town council like to

[25:35] oh staff council like to add anything at

[25:37] this point in terms of

[25:39] advice or the drafting of a resolution

[25:44] now mr chairman i will prepare a draft

[25:46] resolution

[25:48] for the board to consider i do think

[25:50] that

[25:51] the grants of the variants want to be

[25:53] tied to

[25:55] compliance with the

[25:58] layout of the plans that have been

[25:59] presented as part of the application

[26:02] sounds reasonable are there any

[26:05] objections from

[26:06] board members

[26:09] no objections okay then i believe that

[26:13] uh concludes our first um

[26:16] first report of the night um

[26:20] that was the end of the 8736 bayside

[26:23] road

[26:27] variance request we will be moving on

[26:30] now

[26:31] to 39 10. let me get this right

[26:34] um 3910 27th street from

[26:38] ron and sherry martin um

[26:41] and we have already gone through the um

[26:45] the journey of the starting this meeting

[26:47] um so i

[26:49] will pass it up apologies let me back up

[26:52] um uh sharon would you like to say

[26:55] anything about the

[26:57] um files that have been provided to the

[26:59] town

[27:00] and how long uh the public

[27:03] notice has been available yes

[27:06] a notification was published for three

[27:09] consecutive weeks beginning

[27:11] april 9th in the catholic recorder

[27:13] newspaper

[27:14] on march 30 2021 the planning and zoning

[27:25] and adjoining property owners on april

[27:27] 9th

[27:28] the property was posted on april 9th

[27:30] 2021

[27:32] hi sharon can you go through that again

[27:34] because we've lost you midway

[27:37] oh um well notification was public for

[27:42] three consecutive

[27:43] weeks beginning april 9th in the calvary

[27:45] corridor newspaper

[27:47] on march 30th 2021 the planning and

[27:50] zoning was notified of the hearing

[27:52] notification was sent registered mail to

[27:55] applicant

[27:56] on march 30th and adjoining property

[27:58] owners on april 9

[28:00] and the property was posted on april 9

[28:03] 2021

[28:05] thank you sharon

[28:08] and mr chairman i think at this point

[28:10] you also would want to

[28:12] make a part of the record the

[28:14] application and other

[28:16] materials case materials that have been

[28:18] submitted

[28:19] that's right the the formal

[28:22] documentation provided to the town is

[28:24] entered into the

[28:25] record and now i will pass it over to

[28:30] the petitioner

[28:31] um ron and sherry martin or their

[28:33] representatives to discuss

[28:35] um their request for variance to section

[28:38] 290 19a

[28:40] of the zoning ordinance okay

[28:43] well thank you everyone for being here i

[28:45] appreciate all your help

[28:47] and um on behalf on behalf of my husband

[28:49] and i

[28:50] um we look forward to working with you

[28:52] in the future

[28:54] um we purchased our home here

[28:57] in chesapeake beach in december of 2019.

[29:01] my husband and i both retired from

[29:03] california i'm a retired teacher he's

[29:04] retired nurse

[29:06] and we have a lot of family here in

[29:08] chesapeake beach in fact my father lives

[29:09] just right here on the street with me

[29:11] right up on 27th um

[29:14] and we bought the home um we we love our

[29:17] neighborhood we love our neighbors um

[29:19] and we love absolutely everything about

[29:21] this town so this is where we are

[29:23] expecting to spend the next 60 years

[29:26] here in chesapeake beach

[29:29] our what we're hoping to do is to go

[29:32] up in our second store we have a small

[29:34] dormer and we'd like to go

[29:36] up and add a master bedroom

[29:40] and a another bathroom upstairs we

[29:43] currently have a two bedroom one bath

[29:46] and um one bathroom is kind of difficult

[29:48] for just the two of us but we have

[29:50] elderly parents who will be visiting

[29:52] often hopefully from california who will

[29:53] come and stay with us probably

[29:55] about six months each year and so we're

[29:58] hoping to make our house a little more

[30:00] spacious for them

[30:01] we're also doing a lot of improvements

[30:04] to our home

[30:04] we're replacing all the electrical the

[30:06] plumbing adding

[30:08] hvac just really want to make the home

[30:10] very

[30:11] sound and safe and comfortable because

[30:13] we don't plan on

[30:14] on moving our house as you know

[30:18] sits unfortunately because it was built

[30:20] we believe in that we

[30:22] believe it was built in the 1940s we're

[30:23] not quite sure yet

[30:25] um but our house sits just within about

[30:28] two feet of our property line

[30:31] um the addition we're making however is

[30:34] not going to make any changes to this

[30:36] setback whatsoever

[30:38] and we won't be encroaching any further

[30:40] into the

[30:42] towards the neighbor um we also

[30:46] we are we are perfectly aware that we

[30:47] are part of the critical area of the of

[30:49] the town

[30:50] but we aren't making any changes to the

[30:52] front part of our home

[30:53] so we won't be adding any um increase

[30:56] to that impervious service which we know

[30:58] is something that concerns us as well

[31:02] um so that's where we're at

[31:05] right now we've had our plans submitted

[31:07] and approved but um

[31:09] we realized that our house i'm sure the

[31:12] house with the property

[31:14] there wasn't the ordinance at the time

[31:15] that the property was drawn back in and

[31:18] this is in the 40s or whenever the

[31:20] the fence was put there um but we are

[31:22] very mindful we were very mindful when

[31:24] we did our plans to make sure that

[31:26] we wanted to maintain the charm of our

[31:28] home because we love the way the home

[31:29] looks right now

[31:31] um we also have a really great

[31:34] relationship with our neighbors and so

[31:36] it was really important to us to make

[31:37] sure that any changes we made to the

[31:39] house

[31:40] um especially the house to the west of

[31:43] us

[31:43] the house at 3906 wanted and make sure

[31:45] that

[31:46] we did not block any of the view that

[31:48] that our neighbor joanne might have to

[31:50] the

[31:51] to the bay and um we we've spoken with

[31:54] her and she actually took me upstairs

[31:56] and um i was able i shared we shared the

[31:59] plans with her and

[32:00] i was able to see that by going up we

[32:02] aren't actually

[32:03] decreasing any of the view that she has

[32:05] out of the window she has up there

[32:07] because

[32:07] that mattered a lot to us as well um we

[32:11] also consider that

[32:13] we have recently um put in a garage and

[32:15] so we had to

[32:18] turn in a design to um where we were

[32:21] going to put in

[32:22] plants you know trees and bushes to

[32:24] offset

[32:25] the increase in adding our garage and

[32:27] and designing our landscaping we also

[32:30] considered that we wanted to make sure

[32:31] that anytime we plant anywhere we

[32:33] planted a tree or

[32:34] anything that we weren't we weren't

[32:36] obstructing what little any view that

[32:37] any of our neighbors might have

[32:39] of the water because that was important

[32:41] to us not just

[32:42] not just impervious surface and

[32:44] maintaining that but that would be

[32:46] considered

[32:46] our neighbors so so we're hoping to go

[32:48] up um

[32:49] and and increase you know add a bathroom

[32:52] add another bedroom up there and make it

[32:54] also make it safer

[32:56] and make it more useful um but also

[32:59] um we do realize that we are you know

[33:02] we're just already sitting our house is

[33:04] already sitting where it's not supposed

[33:05] to be

[33:07] so so that's where we're at so we're

[33:09] hoping you'll consider that with us our

[33:11] variants

[33:11] thank you thank you uh i will pass it

[33:15] over to mr jacobiak

[33:17] for a summary however much depth he'd

[33:20] like to go into

[33:22] of his staff report on this particular

[33:24] project okay thank you

[33:26] um the lot is 3910

[33:30] 27th street and the property is owned

[33:33] residential village or village

[33:35] residential

[33:36] um the required setback is eight feet

[33:40] right now there's um just one foot plus

[33:43] or minus and

[33:45] requested variance is essentially a

[33:47] seven foot

[33:48] uh variance then um this lot

[33:52] is six thousand nine hundred square feet

[33:54] uh in size

[33:56] uh according to the state department of

[33:59] assessments and taxation

[34:01] and and by the way um mrs martin they

[34:04] the state also says that the house was

[34:06] built in 1940

[34:08] although i think that's kind of a plug

[34:09] number they use for structures they

[34:11] don't

[34:12] quite know when we're built so uh you

[34:14] know certainly in 1940s

[34:16] is right uh in the ballpark and it's

[34:19] about when the

[34:20] middle subdivision was really starting

[34:21] to fill in um

[34:23] this is part of the middle subdivision

[34:25] kind of middle between

[34:26] this core of chesapeake beach and north

[34:28] beach um

[34:31] the construction activity will be

[34:34] entirely

[34:34] vertical adding a second floor and you

[34:37] saw on the staff report

[34:38] members the applicants before or

[34:41] existing and proposed home renderings

[34:45] and um uh the

[34:50] the same type of discussion of oh and

[34:53] then i also showed the renderings

[34:55] uh from the side profile too the side

[34:58] that will face

[34:59] the closest house which would be on the

[35:02] west side

[35:05] the applicants are not intending to

[35:07] change the use of the property

[35:11] a two-story house is certainly

[35:13] harmonious in character with

[35:15] this part of town certainly there's no

[35:18] injury that's

[35:19] as far as i can tell is being imposed on

[35:22] any property owner or

[35:23] on the neighborhood generally

[35:28] the house is already located one foot

[35:30] from the lot line

[35:31] um and this is actually not as

[35:34] typical typically found as uh

[35:38] you might expect in the village a

[35:40] residential village district where the

[35:42] lots

[35:42] are often a bit larger than the 3 000

[35:45] square foot lot you might

[35:47] sometimes see so this is truly a very

[35:49] unique

[35:50] situation and

[35:55] the applicants would suffer a hardship

[35:57] in that they would not be

[35:59] able to build a second story on their

[36:01] home

[36:03] just by virtue of the fact of the

[36:05] house's current location

[36:08] so i in anticipation of your your

[36:11] question mr uh

[36:12] chairman i would say that i i would

[36:14] recommend the approval of this variance

[36:16] as well

[36:18] thank you

[36:23] okay at this point i will open

[36:26] up the floor to any testimony

[36:30] for proponents of this plan speaking

[36:33] from the public if you do choose to

[36:36] speak please

[36:37] state your name address and

[36:40] and who you represent if you're speaking

[36:42] for someone else or on your own behalf

[36:50] my name's annette taylor uh i live at

[36:53] 8310

[36:54] bayside road uh we have several

[36:56] neighbors here they can provide their

[36:58] own names and addresses if you'd like

[37:00] them to

[37:00] um no all of us have seen the plans and

[37:03] we think it would do nothing but enhance

[37:05] the neighborhood the neighbor who

[37:08] had an issue with the potential water

[37:10] view is also here

[37:12] and would be happy to talk about any of

[37:14] that too but

[37:17] thank you

[37:23] okay uh are any other comments from

[37:26] members of the public at this point

[37:34] only excuse me mr chairman

[37:38] yes uh did the person who just spoke uh

[37:41] identified herself to the record yes

[37:44] sorry it was on mute go ahead i'm sorry

[37:47] here she is uh joanne mattingly

[37:50] 3906 27th street

[37:53] and i am satisfied that my water view

[37:56] will not be impacted

[37:58] thank you

[38:05] any others hello hello please take it

[38:09] away

[38:10] hi um my name is chris calantonio and i

[38:13] live across the street

[38:14] at 39 11 27th street and we think the

[38:17] plan's great

[38:18] so we um are not opposing it

[38:21] at all thank you

[38:30] any further comments

[38:36] hearing none i will move on to any

[38:39] is there anyone who would like to speak

[38:41] in opposition uh similarly if you do

[38:43] please announce your name address and

[38:45] who you represent

[38:52] okay hearing none we will move on is

[38:55] there any

[38:56] uh final follow-up questions

[38:59] or final statements that the applicant

[39:02] would like to make to the board at this

[39:03] time

[39:06] no i just thank you all for your time

[39:08] thank you very much

[39:09] thank you um okay

[39:13] at that um let's see

[39:16] um so i believe we are coming to the end

[39:20] of the

[39:20] public hearing and are getting ready to

[39:23] begin deliberations do i hear a motion

[39:27] for the board to close public hearings

[39:29] and begin deliberations on this case

[39:33] i i will make a motion to close public

[39:35] hearings

[39:37] and i will second that motion thank you

[39:41] okay public comments are closed um

[39:44] i will open it to the board to begin

[39:48] discussions

[39:49] on any part of this plan they would like

[39:54] to

[39:58] uh mr hoonstar having heard

[40:02] testimony from neighbors who are

[40:06] supporting the application and

[40:09] having read mr jakubiak's staff report

[40:12] which addresses

[40:13] all of the five factors that we are

[40:15] required to address

[40:18] i have no questions or concerns with

[40:20] this application

[40:21] and i'm uh inclined to approve it

[40:25] thank you is there anything you would

[40:28] like to add at this time mr daugherty

[40:31] uh again my thinking is along the same

[40:33] lines as david

[40:35] i have no questions and comments and i

[40:37] am inclined to approve it

[40:39] thank you uh at that point i will close

[40:42] discussions down and begin the official

[40:45] vote

[40:46] uh for this particular application uh mr

[40:48] dougherty how do you find

[40:50] uh i approve uh mr ferguson

[40:54] likewise i approve all right the uh

[40:57] we the board approves uh at this point

[40:59] i'd like to ask mr sussman

[41:02] uh to draft a resolution containing the

[41:04] board's decision

[41:05] um or i guess i should pause and ask if

[41:07] he has any

[41:09] uh particulars he would like to add to

[41:10] this uh this case at this point

[41:13] now mr chairman other than the fact that

[41:15] as with the

[41:16] prior application i think the grant of

[41:18] the approval should be tied

[41:20] to adhering to the plans that were

[41:23] submitted to the board

[41:25] thank you okay um that is the end

[41:29] of the official agenda for the board of

[41:31] appeals

[41:32] uh is there anything else we would like

[41:34] to take up at this time

[41:35] i'll open the floor up

[41:43] hearing none um i believe that is all

[41:45] and

[41:46] as far as i know there is not another

[41:48] board of appeals meeting on the schedule

[41:50] sharon will send out official notice to

[41:53] board members and the public

[41:55] when one is needed and i thank you all

[41:58] for your time

[41:59] and for the staff and applicants for

[42:02] being here today

[42:02] thank you mr mr hoonster i

[42:05] just to get it officially i move that

[42:08] the meeting be adjourned

[42:10] ah yes thank you do i hear a second i

[42:13] will second that

[42:14] all right meeting is adjourned thank you

[42:16] everybody great thank you

[42:17] thank you good night everybody

[42:22] good night

April 27, 2021 Board of Appeals Hearing

Transcript