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that's ready to get started um

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this uh for this will be um my name is

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jody hunstar and this will be

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my uh first go of trying to uh chair the

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board of appeals

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so i'm going to ask uh uh the

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the um town council to feel free to

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chime in

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if i am uh doing something out of order

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um but uh let's see i guess we'll

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we'll kick this uh this meeting off for

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the board of appeals on

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april 27th um i believe we start with a

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uh

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called order and a roll call so i will

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check

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it looks like i'm seeing people pop on

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here so hopefully they're uh

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they can hear me um but i guess we'll

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just start with uh

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uh mr david ferguson are you in

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attendance

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i see you talking uh you're muted by

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them

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david unmute yourself okay

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there we go i i am here hi mr perkins um

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uh we'll pop over and see i see paul

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dougherty

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on here he might not have mike

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i'm present okay all good uh last one

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is kelly stewart do we have kelly

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stewart in attendance

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hearing none um i believe we have a

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quorum and can

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uh ken move on um

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so the first case on the docket is

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2021-1 by uh mr colin wana

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um of 8736 bayside road uh requesting a

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variance to section 290 19a

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uh of the zoning code to allow a new

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house

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uh to encroach into the uh eight foot

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psi yard

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so i think uh if my understanding is

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correct i'll pass it off to mr

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wanna or his representative to

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discuss mr chairman

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before you go there according to the

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procedures

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and the order of presentation uh first

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you need to incorporate the file and the

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record

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provided by staff into the into the

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record of the hearing tonight

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which essentially should be the

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application

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and i think uh the staff is

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showing on the screen you know what is

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part of the materials it looks like

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for this particular application there

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are

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25 pages of materials

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and i i believe that staff

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also has uh some confirmation

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of that the required advertising posting

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and mailing

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of this uh hearing relating to this

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hearing

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have been successfully uh complied with

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uh you may want to ask

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staff to confirm that okay i'll pass it

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over to um

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to sharon if that is indeed the case

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yes notification was public for three

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consecutive weeks beginning april 9th

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uh in the calvert recorder on march

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30th 2021 the planning and zoning was

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notified of the hearing

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notification was sent registered mail to

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applicant on

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march 30th and adjoining property owners

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on april 9

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and the property was posted on april 9

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2021

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thank you

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um so within the uh sharon what was the

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date of the posting

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posting was april 9th okay

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i thought that's what you said thank you

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very much

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okay uh should we go to the petitioner

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or does this go to the uh

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staff uh report from mr jacobian

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go to the petitioner first okay uh

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passing it over

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um to mr wunup or his representative

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yes uh can you hear me yes

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oh great uh well first i'd just like to

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thank you jody

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and the rest of the board for your time

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and uh thank you to sharon hum and chris

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jacobiak

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for guiding me through this application

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process

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my name is colin wanna and

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my wife natalie wanap and i bought our

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house

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in chesapeake beach three years ago

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i worked for the fda in silver spring

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and she works for a digital marketing

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company in

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baltimore the house we purchased on

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bayside road is in the most northern

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neighborhood of chesapeake beach

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our house is one of those cottage style

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beach houses we love the town and want

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to start a family

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but our home is only one bedroom

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and houses of one bedroom can't

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really accommodate children so

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our plan is to add an additional two

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bedrooms

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to the back of the house currently in

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the back of the house there is a

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a deck and we want to replace that deck

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with this edition

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so just to be clear this would continue

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the existing profile of the house

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straight back we wouldn't be changing

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anything

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to the front of the house or the sides

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or the top

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and in order to do this i need approval

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from the board because of chesapeake

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beach code

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29019 requires

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an eight feet setback

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for additions and

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this addition that i would be adding

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would not be

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encroaching any closer to the property

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line

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it would just be extending the perimeter

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of the house

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towards the back by an additional 14 and

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a half feet

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now both my next door neighbors have

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signed

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letters of support uh for for me and my

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wife

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they do support us on this project i've

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also shared the plans with chris

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and he has reviewed them and says that

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everything

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should check out if if the board does

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approve

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so at this point i'd be happy to

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elaborate

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on any of the details that i've provided

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so far or um to answer questions from

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from those of you

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all right thank you um i think we can

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hold the questions

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uh for the moment and pass it over to mr

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takubiak for his

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staff presentation at which point will

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take

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additional testimony or opposition if

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any exists

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thank you mr chairman and welcome to the

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board of appeals

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thank you so far so good um

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yes i i like to

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thank um the applicant has been very

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helpful and

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responsive and provided in a really

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accident excellent

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application

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[Music]

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in anticipation of obtaining his zoning

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permit what you'll need

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the this lot is uh

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quite small it's so it is one of the

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cottage houses

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it's also one of the very small lots

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it's a 3 000

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square foot lot the minimum lot size in

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the zone is 6 000

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square feet so it's got a small lot it's

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um

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only 30 feet wide

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the standard or minimum lot size in the

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zoning district

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is 50. so the applicant is

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building on a constrained lot to begin

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with

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uh and he is accurate in describing that

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the proposed edition would come no

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closer

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to the side lot line than it currently

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does and it would be

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5.2 feet away from the

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side lot line uh

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as you know you might have seen the

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staff report there are

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a number of conditions that the board

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has to

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find have been established

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and i'll just just by way of introducing

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each of the conditions just

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maybe offer some observations about each

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one

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certainly i'm here if you have any need

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for deliberations or need more facts

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uh to support a decision the first

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standard speaks to

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a harmonious type of project

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with respect to the neighborhood the

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granting of the variants will

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shall be in harmony with the general

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purpose and intent of this chapter

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and shall not be injurious to the

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neighborhood

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or otherwise detrimental to the public

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welfare

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and i always share with you based on a

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lot of experience in in town that

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this project is uh in keeping with the

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pattern that has been established

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uh not only in this neighborhood but in

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all of the larger neighborhood uh from

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maryland 260 north um

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where the lots are relatively small and

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additions do get built from time to time

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and do require variances um the property

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is in the critical area

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um as uh the applicant mentioned though

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this um

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this uh addition would be built over

240
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existing development on the lot the

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existing um deck

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it may create some additional impervious

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surface

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when when all said and done um and if it

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does

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there will be some critical area

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mitigation that's necessary to deal with

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the potential

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impact of added water flowing off the

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property

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but that is typical for all development

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projects in the critical

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area and this is not the most intensive

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or the most

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restrictive part of the critical area

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it's actually called the ida

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the intensive development area and

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it really anticipates uh an urban type

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of development

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in keeping with the pattern of the

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neighborhood the second one is that the

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granting of the variants would not

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permit the existence

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within the district of any use which is

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not permitted

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in that district uh and clearly the

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applicant is just expanding

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his proposed or his house and he's not

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changing the use

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as it turns out this property is

271
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actually zoned uh

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commercial um and it's essentially a

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non-conforming use

274
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within the commercial zone

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but the expansion is not uh greater than

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50

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of the total floor area it's an

278
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allowable expansion within the

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commercial zoning district

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00:11:22,160 --> 00:11:28,720
um three that there are special

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circumstances or conditions

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described in the findings applying to

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the land

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or the buildings for which the variance

285
00:11:34,160 --> 00:11:39,360
is sought

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00:11:35,839 --> 00:11:42,800
which conditions are peculiar to the

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00:11:39,360 --> 00:11:45,680
land or buildings and do not apply

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generally to land or buildings in the

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neighborhood

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and that said conditions or

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circumstances are such that

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strict interpretation of the chapter

293
00:11:54,480 --> 00:11:58,639
would deprive

294
00:11:55,360 --> 00:11:59,279
the applicant of reasonable use of the

295
00:11:58,639 --> 00:12:01,839
land

296
00:11:59,279 --> 00:12:01,839
or building

297
00:12:02,320 --> 00:12:06,320
this is in many ways often a hard

298
00:12:05,360 --> 00:12:09,279
standard to

299
00:12:06,320 --> 00:12:11,040
meet within chesapeake beach where there

300
00:12:09,279 --> 00:12:15,279
is a pattern of smaller

301
00:12:11,040 --> 00:12:17,839
non-conforming lots like we have here

302
00:12:15,279 --> 00:12:20,800
um but the applicant's house is already

303
00:12:17,839 --> 00:12:23,279
located 5.2 feet from the sidelot line

304
00:12:20,800 --> 00:12:24,959
and this you know this actual dimension

305
00:12:23,279 --> 00:12:27,839
is not one that is generally

306
00:12:24,959 --> 00:12:28,320
found within the commercial district

307
00:12:27,839 --> 00:12:30,079
though

308
00:12:28,320 --> 00:12:31,360
it is a pattern within the neighborhood

309
00:12:30,079 --> 00:12:34,800
that

310
00:12:31,360 --> 00:12:37,839
the required eight feet

311
00:12:34,800 --> 00:12:39,680
is not met the required eight foot side

312
00:12:37,839 --> 00:12:43,120
yard is not typically met

313
00:12:39,680 --> 00:12:44,399
on these 30 foot lots so uh strictly

314
00:12:43,120 --> 00:12:46,720
applying the eight foot

315
00:12:44,399 --> 00:12:47,600
required setback would require the

316
00:12:46,720 --> 00:12:49,920
applicant to

317
00:12:47,600 --> 00:12:51,120
adjust the addition somewhat it would

318
00:12:49,920 --> 00:12:54,240
effectively require

319
00:12:51,120 --> 00:12:57,279
that the addition jog in us

320
00:12:54,240 --> 00:13:02,079
a couple feet to make that

321
00:12:57,279 --> 00:13:02,079
um eight foot separation work

322
00:13:04,560 --> 00:13:07,920
so that's something for the the board to

323
00:13:06,720 --> 00:13:11,760
consider

324
00:13:07,920 --> 00:13:15,360
um this would effectively mean that the

325
00:13:11,760 --> 00:13:19,519
the the wall

326
00:13:15,360 --> 00:13:22,880
uh facing the lot line would um

327
00:13:19,519 --> 00:13:25,920
would jog just slightly uh

328
00:13:22,880 --> 00:13:27,839
off of the main profile of the building

329
00:13:25,920 --> 00:13:28,959
for that there exists unnecessary

330
00:13:27,839 --> 00:13:32,399
hardship uh

331
00:13:28,959 --> 00:13:34,560
in other words the applicant in light of

332
00:13:32,399 --> 00:13:37,920
the conditions of the land and the lot

333
00:13:34,560 --> 00:13:39,040
wouldn't be able to do something that a

334
00:13:37,920 --> 00:13:41,440
reasonable

335
00:13:39,040 --> 00:13:43,199
applicant should be able to do under the

336
00:13:41,440 --> 00:13:47,199
zoning laws

337
00:13:43,199 --> 00:13:49,279
and therefore suffer a hardship

338
00:13:47,199 --> 00:13:51,120
if the hardship is general that is

339
00:13:49,279 --> 00:13:51,839
shared generally by land or buildings in

340
00:13:51,120 --> 00:13:53,600
the neighborhood

341
00:13:51,839 --> 00:13:56,079
then the relief shall be properly

342
00:13:53,600 --> 00:13:58,399
obtained only by legislative action

343
00:13:56,079 --> 00:14:00,560
or by court review or attack on the

344
00:13:58,399 --> 00:14:03,680
validity of the ordinance

345
00:14:00,560 --> 00:14:04,079
uh that's quite a um a burden to put on

346
00:14:03,680 --> 00:14:06,240
any

347
00:14:04,079 --> 00:14:08,000
individual applicant and the planning in

348
00:14:06,240 --> 00:14:08,880
the the board of appeals is typically

349
00:14:08,000 --> 00:14:11,920
found that

350
00:14:08,880 --> 00:14:16,079
uh when there are non-conforming lots

351
00:14:11,920 --> 00:14:19,839
and additions that are reasonable that

352
00:14:16,079 --> 00:14:19,839
this standard is is met

353
00:14:20,480 --> 00:14:25,279
there are as you know within this part

354
00:14:22,800 --> 00:14:26,959
of town a lot of

355
00:14:25,279 --> 00:14:28,480
properties that are small there are a

356
00:14:26,959 --> 00:14:32,880
lot of buildings that

357
00:14:28,480 --> 00:14:36,240
uh are not conforming

358
00:14:32,880 --> 00:14:38,480
to the setback requirements all of them

359
00:14:36,240 --> 00:14:39,360
are different on some level but there

360
00:14:38,480 --> 00:14:42,480
are many

361
00:14:39,360 --> 00:14:44,079
lots in this category five the granting

362
00:14:42,480 --> 00:14:46,480
the variance is necessary for the

363
00:14:44,079 --> 00:14:48,480
reasonable use of the land or building

364
00:14:46,480 --> 00:14:50,560
and that the variance as granted by the

365
00:14:48,480 --> 00:14:53,199
board is the minimum

366
00:14:50,560 --> 00:14:55,199
variance that will accomplish this

367
00:14:53,199 --> 00:14:58,320
purpose

368
00:14:55,199 --> 00:15:01,360
so the question is

369
00:14:58,320 --> 00:15:04,959
can the applicant persuade you that

370
00:15:01,360 --> 00:15:09,839
he needs all 5.2

371
00:15:04,959 --> 00:15:09,839
feet or

372
00:15:10,320 --> 00:15:15,440
in order to build the the addition uh

373
00:15:13,839 --> 00:15:17,279
that's being proposed or i should say

374
00:15:15,440 --> 00:15:20,000
the 2.8 feet of

375
00:15:17,279 --> 00:15:22,000
encroachment into the setback does he

376
00:15:20,000 --> 00:15:26,480
really need that or can

377
00:15:22,000 --> 00:15:31,199
the addition work while

378
00:15:26,480 --> 00:15:34,399
the full 8 feet is provided

379
00:15:31,199 --> 00:15:37,279
and for that answer you may want to

380
00:15:34,399 --> 00:15:38,160
question the applicant about his floor

381
00:15:37,279 --> 00:15:40,800
plans and

382
00:15:38,160 --> 00:15:41,839
the design of his project so that you

383
00:15:40,800 --> 00:15:45,759
could understand

384
00:15:41,839 --> 00:15:47,279
the what in construction terms is

385
00:15:45,759 --> 00:15:49,920
actually happening there

386
00:15:47,279 --> 00:15:50,720
uh sometimes we hear or we see we apply

387
00:15:49,920 --> 00:15:52,800
the standard

388
00:15:50,720 --> 00:15:54,000
standard and we try to apply it strictly

389
00:15:52,800 --> 00:15:55,680
and we've realized that

390
00:15:54,000 --> 00:15:57,120
there's no way you can build half a

391
00:15:55,680 --> 00:16:00,959
bathroom or

392
00:15:57,120 --> 00:16:02,959
you can't take three feet off of a

393
00:16:00,959 --> 00:16:04,720
small bedroom because all of a sudden

394
00:16:02,959 --> 00:16:07,440
you've eliminated a closet

395
00:16:04,720 --> 00:16:09,360
and so when you start looking at these

396
00:16:07,440 --> 00:16:14,160
things in practical terms

397
00:16:09,360 --> 00:16:16,079
uh the the um there's a lot more clarity

398
00:16:14,160 --> 00:16:17,759
so so those are the standards there's

399
00:16:16,079 --> 00:16:18,480
five of them that generally you have to

400
00:16:17,759 --> 00:16:22,160
meet

401
00:16:18,480 --> 00:16:23,759
that an applicant has to meet and um

402
00:16:22,160 --> 00:16:26,720
as the hearing goes on if you have any

403
00:16:23,759 --> 00:16:28,880
questions uh please let me know

404
00:16:26,720 --> 00:16:30,079
uh thank you mr kubiak is there any

405
00:16:28,880 --> 00:16:32,320
recommendation you

406
00:16:30,079 --> 00:16:33,360
or planning and zoning in general would

407
00:16:32,320 --> 00:16:36,079
like to make

408
00:16:33,360 --> 00:16:37,279
at this point i would recommend approval

409
00:16:36,079 --> 00:16:39,759
of this application

410
00:16:37,279 --> 00:16:41,199
since you've asked thank you and for

411
00:16:39,759 --> 00:16:43,680
many of the reasons i mentioned

412
00:16:41,199 --> 00:16:45,360
i i think it does on balance comply with

413
00:16:43,680 --> 00:16:49,120
the standards

414
00:16:45,360 --> 00:16:49,600
thank you um i believe at this point we

415
00:16:49,120 --> 00:16:50,800
uh

416
00:16:49,600 --> 00:16:54,800
is there anything you'd like to add on

417
00:16:50,800 --> 00:16:57,360
to that uh mr one up at this time

418
00:16:54,800 --> 00:16:58,079
no no and and once again i just want to

419
00:16:57,360 --> 00:17:02,000
thank

420
00:16:58,079 --> 00:17:05,360
uh chris and the rest of the board here

421
00:17:02,000 --> 00:17:08,160
for uh your time and to sharon

422
00:17:05,360 --> 00:17:10,400
uh i've you know everyone's been really

423
00:17:08,160 --> 00:17:14,079
helpful in this process and uh

424
00:17:10,400 --> 00:17:14,640
i i can't recommend uh them enough it's

425
00:17:14,079 --> 00:17:18,480
been

426
00:17:14,640 --> 00:17:22,319
a delight working with them

427
00:17:18,480 --> 00:17:23,520
um at this uh at this point uh i believe

428
00:17:22,319 --> 00:17:26,160
i believe we had some

429
00:17:23,520 --> 00:17:28,480
documents entered into the record from

430
00:17:26,160 --> 00:17:31,440
your neighbors who are proponents of

431
00:17:28,480 --> 00:17:32,080
your proposal um is there anyone else

432
00:17:31,440 --> 00:17:35,600
who would like to

433
00:17:32,080 --> 00:17:39,520
speak at this time either as a proponent

434
00:17:35,600 --> 00:17:41,760
for um mr juana if you do please

435
00:17:39,520 --> 00:17:47,840
state your name and address and uh

436
00:17:41,760 --> 00:17:47,840
you're speaking on your own behalf

437
00:17:49,520 --> 00:17:54,960
uh hearing none um are there any

438
00:17:52,960 --> 00:17:56,160
is there anybody who is standing in

439
00:17:54,960 --> 00:18:01,840
opposition to

440
00:17:56,160 --> 00:18:01,840
the plans presented here

441
00:18:02,720 --> 00:18:07,520
hearing none um mr sussman is this am i

442
00:18:06,160 --> 00:18:08,480
correct in that this is the point in

443
00:18:07,520 --> 00:18:12,400
time where we go

444
00:18:08,480 --> 00:18:15,919
on to question and answer from the board

445
00:18:12,400 --> 00:18:16,400
yes thank you sure um i will pass it

446
00:18:15,919 --> 00:18:20,240
over

447
00:18:16,400 --> 00:18:22,000
to um either mr doherty or mr ferguson

448
00:18:20,240 --> 00:18:24,960
for any follow-up questions

449
00:18:22,000 --> 00:18:25,840
or uh anything in general you'd like to

450
00:18:24,960 --> 00:18:29,440
uh to address

451
00:18:25,840 --> 00:18:30,320
the attendees here this is david

452
00:18:29,440 --> 00:18:34,799
ferguson

453
00:18:30,320 --> 00:18:36,160
um i and just looking at a map that

454
00:18:34,799 --> 00:18:39,919
looks like

455
00:18:36,160 --> 00:18:43,280
the adjoining property on the side where

456
00:18:39,919 --> 00:18:47,600
we're asking for the waiver is a vacant

457
00:18:43,280 --> 00:18:47,600
lot or parking lot is that correct

458
00:18:47,840 --> 00:18:51,360
uh that that is correct yes uh but there

459
00:18:50,320 --> 00:18:54,480
is a house

460
00:18:51,360 --> 00:18:55,280
that is uh a little bit back uh further

461
00:18:54,480 --> 00:18:57,039
so

462
00:18:55,280 --> 00:18:58,480
um i'm sure you're probably familiar

463
00:18:57,039 --> 00:19:02,160
with uh

464
00:18:58,480 --> 00:19:02,799
neptune's neptune's across street has

465
00:19:02,160 --> 00:19:05,840
this

466
00:19:02,799 --> 00:19:09,039
a parking lot there and

467
00:19:05,840 --> 00:19:12,480
um the owner bill he

468
00:19:09,039 --> 00:19:15,039
he owns that lot and yeah he has

469
00:19:12,480 --> 00:19:16,240
he he he has signed saying that he

470
00:19:15,039 --> 00:19:19,679
endorses

471
00:19:16,240 --> 00:19:22,880
um this this project yeah

472
00:19:19,679 --> 00:19:26,480
that was my point is it uh

473
00:19:22,880 --> 00:19:29,440
you know a 2.7 foot

474
00:19:26,480 --> 00:19:30,799
encroachment or a parking lot isn't

475
00:19:29,440 --> 00:19:33,840
really crowding a lot

476
00:19:30,799 --> 00:19:35,280
uh and especially since the existing

477
00:19:33,840 --> 00:19:38,720
house and the

478
00:19:35,280 --> 00:19:43,039
the block shed are at that same

479
00:19:38,720 --> 00:19:45,840
line um you know it it

480
00:19:43,039 --> 00:19:46,960
doesn't seem to me that this is much of

481
00:19:45,840 --> 00:19:50,840
an imposition

482
00:19:46,960 --> 00:19:54,799
from the uh from the setback uh

483
00:19:50,840 --> 00:19:59,200
perspective um the uh

484
00:19:54,799 --> 00:20:02,159
you know potential uh

485
00:19:59,200 --> 00:20:03,679
you know mitigation of uh you know being

486
00:20:02,159 --> 00:20:06,799
in the critical area

487
00:20:03,679 --> 00:20:09,919
of you know the improved

488
00:20:06,799 --> 00:20:11,200
area you know might be something that

489
00:20:09,919 --> 00:20:14,640
you'll have to work

490
00:20:11,200 --> 00:20:17,919
with the talent on but uh

491
00:20:14,640 --> 00:20:20,960
that that was my observation is that

492
00:20:17,919 --> 00:20:25,039
you know you're not building

493
00:20:20,960 --> 00:20:28,080
um five feet from another structure uh

494
00:20:25,039 --> 00:20:31,360
there's right yeah

495
00:20:28,080 --> 00:20:34,080
okay thank you yeah thank you for that

496
00:20:31,360 --> 00:20:35,760
mr chairman can i weigh in on that

497
00:20:34,080 --> 00:20:36,559
answer a little bit or just please do

498
00:20:35,760 --> 00:20:40,000
thank you um

499
00:20:36,559 --> 00:20:42,880
just factually um

500
00:20:40,000 --> 00:20:42,880
the the

501
00:20:43,039 --> 00:20:49,840
the area that um

502
00:20:50,480 --> 00:20:56,640
um um

503
00:20:54,880 --> 00:20:58,159
never mind i think yeah what i guess

504
00:20:56,640 --> 00:21:00,799
what i would say is that the

505
00:20:58,159 --> 00:21:02,000
variance encroaches onto the south side

506
00:21:00,799 --> 00:21:06,000
as well

507
00:21:02,000 --> 00:21:09,200
of the lot right so it's it's a

508
00:21:06,000 --> 00:21:09,200
variant flies there

509
00:21:09,840 --> 00:21:14,840
correct yeah so like my name my neighbor

510
00:21:12,159 --> 00:21:17,760
to the south

511
00:21:14,840 --> 00:21:20,799
um

512
00:21:17,760 --> 00:21:24,720
because it's a 30-foot

513
00:21:20,799 --> 00:21:28,840
wide lot and the house is 22 and a half

514
00:21:24,720 --> 00:21:32,080
feet uh on both sides it does

515
00:21:28,840 --> 00:21:32,880
um it does fall into that eight feet

516
00:21:32,080 --> 00:21:36,159
setback

517
00:21:32,880 --> 00:21:38,080
uh however as as as we've discussed

518
00:21:36,159 --> 00:21:40,480
you know this would would be continuing

519
00:21:38,080 --> 00:21:44,080
the existing profile of the house

520
00:21:40,480 --> 00:21:47,360
uh and and um you know wouldn't be

521
00:21:44,080 --> 00:21:47,840
encroaching further and um as i've

522
00:21:47,360 --> 00:21:51,280
mentioned

523
00:21:47,840 --> 00:21:52,880
both of those neighbors have um

524
00:21:51,280 --> 00:21:54,480
you know you know signed letters of

525
00:21:52,880 --> 00:21:58,000
support um

526
00:21:54,480 --> 00:22:01,600
so i i know it wouldn't be an issue

527
00:21:58,000 --> 00:22:01,600
with with those owners

528
00:22:02,000 --> 00:22:04,640
thank you very good

529
00:22:08,080 --> 00:22:11,520
is there anything else the board would

530
00:22:09,280 --> 00:22:13,840
like to uh question

531
00:22:11,520 --> 00:22:13,840
at this time

532
00:22:16,640 --> 00:22:21,280
okay uh hearing none um

533
00:22:21,360 --> 00:22:24,480
yes go ahead i was gonna say there's the

534
00:22:23,440 --> 00:22:27,600
opportunity

535
00:22:24,480 --> 00:22:30,000
for uh the applicant to make any

536
00:22:27,600 --> 00:22:32,000
summary statements or closing remarks as

537
00:22:30,000 --> 00:22:34,480
well as for mr jakubiak

538
00:22:32,000 --> 00:22:37,600
if either of them care to add anything

539
00:22:34,480 --> 00:22:37,600
to what's already been said

540
00:22:38,480 --> 00:22:41,600
i mean i would i would just echo my uh

541
00:22:40,799 --> 00:22:45,679
thank you

542
00:22:41,600 --> 00:22:45,679
to to those who have helped me

543
00:22:47,120 --> 00:22:52,320
thank you um okay at this point i will

544
00:22:50,640 --> 00:22:54,080
open it up for any

545
00:22:52,320 --> 00:22:56,400
uh any more public statements on the

546
00:22:54,080 --> 00:22:56,400
matter

547
00:22:58,159 --> 00:23:02,240
hearing none um i believe that that is

548
00:23:01,039 --> 00:23:05,360
the close

549
00:23:02,240 --> 00:23:09,360
of the public hearing and do i hear

550
00:23:05,360 --> 00:23:12,320
a motion made to begin deliberations on

551
00:23:09,360 --> 00:23:12,320
this particular case

552
00:23:14,080 --> 00:23:21,200
uh this is dave ferguson uh so moved

553
00:23:17,679 --> 00:23:23,520
uh second anybody i will suck at that

554
00:23:21,200 --> 00:23:25,280
thank you uh in that case uh public

555
00:23:23,520 --> 00:23:27,360
comment is closed

556
00:23:25,280 --> 00:23:28,559
um the board can begin discussion as

557
00:23:27,360 --> 00:23:31,440
they see fit

558
00:23:28,559 --> 00:23:31,440
the floor is open

559
00:23:32,080 --> 00:23:38,640
mr chairman uh before the board

560
00:23:35,360 --> 00:23:40,640
begins deliberation just to reiterate

561
00:23:38,640 --> 00:23:42,159
the protocol that we've established in

562
00:23:40,640 --> 00:23:45,840
prior hearings

563
00:23:42,159 --> 00:23:47,440
once the board decides conceptually

564
00:23:45,840 --> 00:23:50,559
what position i want to take on the

565
00:23:47,440 --> 00:23:54,000
application typically the board will

566
00:23:50,559 --> 00:23:56,880
request that i prepare a resolution

567
00:23:54,000 --> 00:23:58,240
to embody the board decision and that

568
00:23:56,880 --> 00:24:00,400
will be provided

569
00:23:58,240 --> 00:24:01,600
back to you for review and formal

570
00:24:00,400 --> 00:24:05,840
approval

571
00:24:01,600 --> 00:24:05,840
sounds good thank you

572
00:24:08,880 --> 00:24:14,640
okay i'll i'll chime in and i want to

573
00:24:12,960 --> 00:24:18,240
thank

574
00:24:14,640 --> 00:24:21,039
mr jacobiak for an excellent

575
00:24:18,240 --> 00:24:21,840
staff report on this he's addressed all

576
00:24:21,039 --> 00:24:25,039
of the five

577
00:24:21,840 --> 00:24:28,080
conditions that must be met in order to

578
00:24:25,039 --> 00:24:31,440
grant a variance and uh

579
00:24:28,080 --> 00:24:32,240
from my perspective the application does

580
00:24:31,440 --> 00:24:35,600
satisfy

581
00:24:32,240 --> 00:24:39,200
those five conditions so uh

582
00:24:35,600 --> 00:24:41,760
i'm inclined to support the the variance

583
00:24:39,200 --> 00:24:41,760
request

584
00:24:42,640 --> 00:24:48,480
thank you is there anything you'd like

585
00:24:46,240 --> 00:24:51,200
to uh add to this mr dougherty

586
00:24:48,480 --> 00:24:52,480
uh my thinking is along the same lines

587
00:24:51,200 --> 00:24:55,360
as david

588
00:24:52,480 --> 00:24:55,760
uh i want to thank chris for that that

589
00:24:55,360 --> 00:24:58,080
uh

590
00:24:55,760 --> 00:24:59,039
staff report because that did help me a

591
00:24:58,080 --> 00:25:01,760
lot

592
00:24:59,039 --> 00:25:04,320
this being my first hearing in coming to

593
00:25:01,760 --> 00:25:04,320
a decision

594
00:25:06,240 --> 00:25:14,720
okay uh i think we can skip to the um

595
00:25:10,880 --> 00:25:16,880
uh the the voting if we'd like to um mr

596
00:25:14,720 --> 00:25:18,080
ferguson how do you do you find that the

597
00:25:16,880 --> 00:25:21,200
standards have been

598
00:25:18,080 --> 00:25:24,240
met in this particular case i do

599
00:25:21,200 --> 00:25:25,039
indeed and i vote to approve okay thank

600
00:25:24,240 --> 00:25:28,080
you

601
00:25:25,039 --> 00:25:31,200
mr dougherty i also vote to approve

602
00:25:28,080 --> 00:25:32,159
okay uh then with uh quorum we are

603
00:25:31,200 --> 00:25:35,200
approved

604
00:25:32,159 --> 00:25:37,919
um would the town council like to

605
00:25:35,200 --> 00:25:39,200
oh staff council like to add anything at

606
00:25:37,919 --> 00:25:43,840
this point in terms of

607
00:25:39,200 --> 00:25:43,840
advice or the drafting of a resolution

608
00:25:44,080 --> 00:25:48,000
now mr chairman i will prepare a draft

609
00:25:46,799 --> 00:25:50,480
resolution

610
00:25:48,000 --> 00:25:51,120
for the board to consider i do think

611
00:25:50,480 --> 00:25:53,279
that

612
00:25:51,120 --> 00:25:55,200
the grants of the variants want to be

613
00:25:53,279 --> 00:25:58,240
tied to

614
00:25:55,200 --> 00:25:59,679
compliance with the

615
00:25:58,240 --> 00:26:02,880
layout of the plans that have been

616
00:25:59,679 --> 00:26:05,360
presented as part of the application

617
00:26:02,880 --> 00:26:06,240
sounds reasonable are there any

618
00:26:05,360 --> 00:26:08,880
objections from

619
00:26:06,240 --> 00:26:08,880
board members

620
00:26:09,360 --> 00:26:16,640
no objections okay then i believe that

621
00:26:13,520 --> 00:26:20,000
uh concludes our first um

622
00:26:16,640 --> 00:26:23,840
first report of the night um

623
00:26:20,000 --> 00:26:26,240
that was the end of the 8736 bayside

624
00:26:23,840 --> 00:26:26,240
road

625
00:26:27,039 --> 00:26:31,200
variance request we will be moving on

626
00:26:30,240 --> 00:26:34,400
now

627
00:26:31,200 --> 00:26:38,400
to 39 10. let me get this right

628
00:26:34,400 --> 00:26:41,679
um 3910 27th street from

629
00:26:38,400 --> 00:26:45,200
ron and sherry martin um

630
00:26:41,679 --> 00:26:47,520
and we have already gone through the um

631
00:26:45,200 --> 00:26:49,120
the journey of the starting this meeting

632
00:26:47,520 --> 00:26:52,400
um so i

633
00:26:49,120 --> 00:26:55,200
will pass it up apologies let me back up

634
00:26:52,400 --> 00:26:57,039
um uh sharon would you like to say

635
00:26:55,200 --> 00:26:59,440
anything about the

636
00:26:57,039 --> 00:27:00,159
um files that have been provided to the

637
00:26:59,440 --> 00:27:03,200
town

638
00:27:00,159 --> 00:27:06,880
and how long uh the public

639
00:27:03,200 --> 00:27:09,840
notice has been available yes

640
00:27:06,880 --> 00:27:11,360
a notification was published for three

641
00:27:09,840 --> 00:27:13,679
consecutive weeks beginning

642
00:27:11,360 --> 00:27:14,799
april 9th in the catholic recorder

643
00:27:13,679 --> 00:27:21,840
newspaper

644
00:27:14,799 --> 00:27:21,840
on march 30 2021 the planning and zoning

645
00:27:25,360 --> 00:27:28,399
and adjoining property owners on april

646
00:27:27,760 --> 00:27:30,799
9th

647
00:27:28,399 --> 00:27:32,559
the property was posted on april 9th

648
00:27:30,799 --> 00:27:34,480
2021

649
00:27:32,559 --> 00:27:37,679
hi sharon can you go through that again

650
00:27:34,480 --> 00:27:42,240
because we've lost you midway

651
00:27:37,679 --> 00:27:43,200
oh um well notification was public for

652
00:27:42,240 --> 00:27:45,440
three consecutive

653
00:27:43,200 --> 00:27:47,360
weeks beginning april 9th in the calvary

654
00:27:45,440 --> 00:27:50,159
corridor newspaper

655
00:27:47,360 --> 00:27:52,559
on march 30th 2021 the planning and

656
00:27:50,159 --> 00:27:55,279
zoning was notified of the hearing

657
00:27:52,559 --> 00:27:56,000
notification was sent registered mail to

658
00:27:55,279 --> 00:27:58,799
applicant

659
00:27:56,000 --> 00:28:00,559
on march 30th and adjoining property

660
00:27:58,799 --> 00:28:03,039
owners on april 9

661
00:28:00,559 --> 00:28:05,600
and the property was posted on april 9

662
00:28:03,039 --> 00:28:08,240
2021

663
00:28:05,600 --> 00:28:08,240
thank you sharon

664
00:28:08,640 --> 00:28:12,640
and mr chairman i think at this point

665
00:28:10,960 --> 00:28:14,880
you also would want to

666
00:28:12,640 --> 00:28:16,399
make a part of the record the

667
00:28:14,880 --> 00:28:18,559
application and other

668
00:28:16,399 --> 00:28:19,600
materials case materials that have been

669
00:28:18,559 --> 00:28:22,399
submitted

670
00:28:19,600 --> 00:28:24,240
that's right the the formal

671
00:28:22,399 --> 00:28:25,360
documentation provided to the town is

672
00:28:24,240 --> 00:28:30,080
entered into the

673
00:28:25,360 --> 00:28:31,120
record and now i will pass it over to

674
00:28:30,080 --> 00:28:33,520
the petitioner

675
00:28:31,120 --> 00:28:35,679
um ron and sherry martin or their

676
00:28:33,520 --> 00:28:38,159
representatives to discuss

677
00:28:35,679 --> 00:28:40,000
um their request for variance to section

678
00:28:38,159 --> 00:28:43,440
290 19a

679
00:28:40,000 --> 00:28:45,440
of the zoning ordinance okay

680
00:28:43,440 --> 00:28:47,120
well thank you everyone for being here i

681
00:28:45,440 --> 00:28:49,600
appreciate all your help

682
00:28:47,120 --> 00:28:50,399
and um on behalf on behalf of my husband

683
00:28:49,600 --> 00:28:52,880
and i

684
00:28:50,399 --> 00:28:54,159
um we look forward to working with you

685
00:28:52,880 --> 00:28:57,760
in the future

686
00:28:54,159 --> 00:29:01,840
um we purchased our home here

687
00:28:57,760 --> 00:29:03,360
in chesapeake beach in december of 2019.

688
00:29:01,840 --> 00:29:04,880
my husband and i both retired from

689
00:29:03,360 --> 00:29:06,240
california i'm a retired teacher he's

690
00:29:04,880 --> 00:29:08,000
retired nurse

691
00:29:06,240 --> 00:29:09,679
and we have a lot of family here in

692
00:29:08,000 --> 00:29:11,279
chesapeake beach in fact my father lives

693
00:29:09,679 --> 00:29:14,399
just right here on the street with me

694
00:29:11,279 --> 00:29:17,520
right up on 27th um

695
00:29:14,399 --> 00:29:19,600
and we bought the home um we we love our

696
00:29:17,520 --> 00:29:21,200
neighborhood we love our neighbors um

697
00:29:19,600 --> 00:29:23,200
and we love absolutely everything about

698
00:29:21,200 --> 00:29:26,080
this town so this is where we are

699
00:29:23,200 --> 00:29:29,200
expecting to spend the next 60 years

700
00:29:26,080 --> 00:29:29,200
here in chesapeake beach

701
00:29:29,360 --> 00:29:34,960
our what we're hoping to do is to go

702
00:29:32,399 --> 00:29:36,320
up in our second store we have a small

703
00:29:34,960 --> 00:29:40,399
dormer and we'd like to go

704
00:29:36,320 --> 00:29:43,120
up and add a master bedroom

705
00:29:40,399 --> 00:29:46,240
and a another bathroom upstairs we

706
00:29:43,120 --> 00:29:48,399
currently have a two bedroom one bath

707
00:29:46,240 --> 00:29:50,399
and um one bathroom is kind of difficult

708
00:29:48,399 --> 00:29:52,080
for just the two of us but we have

709
00:29:50,399 --> 00:29:53,919
elderly parents who will be visiting

710
00:29:52,080 --> 00:29:55,600
often hopefully from california who will

711
00:29:53,919 --> 00:29:58,480
come and stay with us probably

712
00:29:55,600 --> 00:30:00,000
about six months each year and so we're

713
00:29:58,480 --> 00:30:01,760
hoping to make our house a little more

714
00:30:00,000 --> 00:30:04,159
spacious for them

715
00:30:01,760 --> 00:30:04,960
we're also doing a lot of improvements

716
00:30:04,159 --> 00:30:06,960
to our home

717
00:30:04,960 --> 00:30:08,000
we're replacing all the electrical the

718
00:30:06,960 --> 00:30:10,799
plumbing adding

719
00:30:08,000 --> 00:30:11,279
hvac just really want to make the home

720
00:30:10,799 --> 00:30:13,520
very

721
00:30:11,279 --> 00:30:14,399
sound and safe and comfortable because

722
00:30:13,520 --> 00:30:18,399
we don't plan on

723
00:30:14,399 --> 00:30:20,960
on moving our house as you know

724
00:30:18,399 --> 00:30:22,000
sits unfortunately because it was built

725
00:30:20,960 --> 00:30:23,840
we believe in that we

726
00:30:22,000 --> 00:30:25,520
believe it was built in the 1940s we're

727
00:30:23,840 --> 00:30:28,720
not quite sure yet

728
00:30:25,520 --> 00:30:31,200
um but our house sits just within about

729
00:30:28,720 --> 00:30:34,080
two feet of our property line

730
00:30:31,200 --> 00:30:36,000
um the addition we're making however is

731
00:30:34,080 --> 00:30:38,000
not going to make any changes to this

732
00:30:36,000 --> 00:30:40,720
setback whatsoever

733
00:30:38,000 --> 00:30:42,000
and we won't be encroaching any further

734
00:30:40,720 --> 00:30:46,080
into the

735
00:30:42,000 --> 00:30:47,440
towards the neighbor um we also

736
00:30:46,080 --> 00:30:49,279
we are we are perfectly aware that we

737
00:30:47,440 --> 00:30:50,240
are part of the critical area of the of

738
00:30:49,279 --> 00:30:52,080
the town

739
00:30:50,240 --> 00:30:53,600
but we aren't making any changes to the

740
00:30:52,080 --> 00:30:56,720
front part of our home

741
00:30:53,600 --> 00:30:58,880
so we won't be adding any um increase

742
00:30:56,720 --> 00:31:02,840
to that impervious service which we know

743
00:30:58,880 --> 00:31:05,600
is something that concerns us as well

744
00:31:02,840 --> 00:31:07,519
um so that's where we're at

745
00:31:05,600 --> 00:31:09,600
right now we've had our plans submitted

746
00:31:07,519 --> 00:31:12,480
and approved but um

747
00:31:09,600 --> 00:31:14,080
we realized that our house i'm sure the

748
00:31:12,480 --> 00:31:15,760
house with the property

749
00:31:14,080 --> 00:31:18,000
there wasn't the ordinance at the time

750
00:31:15,760 --> 00:31:20,080
that the property was drawn back in and

751
00:31:18,000 --> 00:31:22,720
this is in the 40s or whenever the

752
00:31:20,080 --> 00:31:24,640
the fence was put there um but we are

753
00:31:22,720 --> 00:31:26,559
very mindful we were very mindful when

754
00:31:24,640 --> 00:31:28,320
we did our plans to make sure that

755
00:31:26,559 --> 00:31:29,519
we wanted to maintain the charm of our

756
00:31:28,320 --> 00:31:31,039
home because we love the way the home

757
00:31:29,519 --> 00:31:34,159
looks right now

758
00:31:31,039 --> 00:31:36,000
um we also have a really great

759
00:31:34,159 --> 00:31:37,440
relationship with our neighbors and so

760
00:31:36,000 --> 00:31:39,120
it was really important to us to make

761
00:31:37,440 --> 00:31:40,080
sure that any changes we made to the

762
00:31:39,120 --> 00:31:43,120
house

763
00:31:40,080 --> 00:31:43,360
um especially the house to the west of

764
00:31:43,120 --> 00:31:45,519
us

765
00:31:43,360 --> 00:31:46,399
the house at 3906 wanted and make sure

766
00:31:45,519 --> 00:31:48,720
that

767
00:31:46,399 --> 00:31:50,799
we did not block any of the view that

768
00:31:48,720 --> 00:31:51,200
that our neighbor joanne might have to

769
00:31:50,799 --> 00:31:54,320
the

770
00:31:51,200 --> 00:31:56,799
to the bay and um we we've spoken with

771
00:31:54,320 --> 00:31:59,200
her and she actually took me upstairs

772
00:31:56,799 --> 00:32:00,559
and um i was able i shared we shared the

773
00:31:59,200 --> 00:32:02,799
plans with her and

774
00:32:00,559 --> 00:32:03,679
i was able to see that by going up we

775
00:32:02,799 --> 00:32:05,760
aren't actually

776
00:32:03,679 --> 00:32:07,200
decreasing any of the view that she has

777
00:32:05,760 --> 00:32:07,919
out of the window she has up there

778
00:32:07,200 --> 00:32:11,120
because

779
00:32:07,919 --> 00:32:13,360
that mattered a lot to us as well um we

780
00:32:11,120 --> 00:32:15,760
also consider that

781
00:32:13,360 --> 00:32:18,559
we have recently um put in a garage and

782
00:32:15,760 --> 00:32:21,039
so we had to

783
00:32:18,559 --> 00:32:22,080
turn in a design to um where we were

784
00:32:21,039 --> 00:32:24,640
going to put in

785
00:32:22,080 --> 00:32:25,360
plants you know trees and bushes to

786
00:32:24,640 --> 00:32:27,679
offset

787
00:32:25,360 --> 00:32:30,000
the increase in adding our garage and

788
00:32:27,679 --> 00:32:31,679
and designing our landscaping we also

789
00:32:30,000 --> 00:32:33,200
considered that we wanted to make sure

790
00:32:31,679 --> 00:32:34,640
that anytime we plant anywhere we

791
00:32:33,200 --> 00:32:36,080
planted a tree or

792
00:32:34,640 --> 00:32:37,760
anything that we weren't we weren't

793
00:32:36,080 --> 00:32:39,360
obstructing what little any view that

794
00:32:37,760 --> 00:32:41,200
any of our neighbors might have

795
00:32:39,360 --> 00:32:42,559
of the water because that was important

796
00:32:41,200 --> 00:32:44,240
to us not just

797
00:32:42,559 --> 00:32:46,000
not just impervious surface and

798
00:32:44,240 --> 00:32:46,640
maintaining that but that would be

799
00:32:46,000 --> 00:32:48,960
considered

800
00:32:46,640 --> 00:32:49,919
our neighbors so so we're hoping to go

801
00:32:48,960 --> 00:32:52,240
up um

802
00:32:49,919 --> 00:32:54,000
and and increase you know add a bathroom

803
00:32:52,240 --> 00:32:56,159
add another bedroom up there and make it

804
00:32:54,000 --> 00:32:59,679
also make it safer

805
00:32:56,159 --> 00:33:02,080
and make it more useful um but also

806
00:32:59,679 --> 00:33:04,000
um we do realize that we are you know

807
00:33:02,080 --> 00:33:05,600
we're just already sitting our house is

808
00:33:04,000 --> 00:33:07,840
already sitting where it's not supposed

809
00:33:05,600 --> 00:33:09,600
to be

810
00:33:07,840 --> 00:33:11,200
so so that's where we're at so we're

811
00:33:09,600 --> 00:33:11,840
hoping you'll consider that with us our

812
00:33:11,200 --> 00:33:15,919
variants

813
00:33:11,840 --> 00:33:17,519
thank you thank you uh i will pass it

814
00:33:15,919 --> 00:33:20,559
over to mr jacobiak

815
00:33:17,519 --> 00:33:22,640
for a summary however much depth he'd

816
00:33:20,559 --> 00:33:24,640
like to go into

817
00:33:22,640 --> 00:33:26,720
of his staff report on this particular

818
00:33:24,640 --> 00:33:30,000
project okay thank you

819
00:33:26,720 --> 00:33:33,200
um the lot is 3910

820
00:33:30,000 --> 00:33:35,679
27th street and the property is owned

821
00:33:33,200 --> 00:33:36,840
residential village or village

822
00:33:35,679 --> 00:33:40,960
residential

823
00:33:36,840 --> 00:33:43,919
um the required setback is eight feet

824
00:33:40,960 --> 00:33:45,360
right now there's um just one foot plus

825
00:33:43,919 --> 00:33:47,360
or minus and

826
00:33:45,360 --> 00:33:48,559
requested variance is essentially a

827
00:33:47,360 --> 00:33:52,240
seven foot

828
00:33:48,559 --> 00:33:54,720
uh variance then um this lot

829
00:33:52,240 --> 00:33:56,559
is six thousand nine hundred square feet

830
00:33:54,720 --> 00:33:59,600
uh in size

831
00:33:56,559 --> 00:34:01,279
uh according to the state department of

832
00:33:59,600 --> 00:34:04,720
assessments and taxation

833
00:34:01,279 --> 00:34:06,640
and and by the way um mrs martin they

834
00:34:04,720 --> 00:34:08,240
the state also says that the house was

835
00:34:06,640 --> 00:34:09,839
built in 1940

836
00:34:08,240 --> 00:34:11,760
although i think that's kind of a plug

837
00:34:09,839 --> 00:34:12,159
number they use for structures they

838
00:34:11,760 --> 00:34:14,960
don't

839
00:34:12,159 --> 00:34:16,560
quite know when we're built so uh you

840
00:34:14,960 --> 00:34:19,200
know certainly in 1940s

841
00:34:16,560 --> 00:34:20,079
is right uh in the ballpark and it's

842
00:34:19,200 --> 00:34:21,919
about when the

843
00:34:20,079 --> 00:34:23,679
middle subdivision was really starting

844
00:34:21,919 --> 00:34:25,280
to fill in um

845
00:34:23,679 --> 00:34:26,960
this is part of the middle subdivision

846
00:34:25,280 --> 00:34:28,960
kind of middle between

847
00:34:26,960 --> 00:34:31,440
this core of chesapeake beach and north

848
00:34:28,960 --> 00:34:34,159
beach um

849
00:34:31,440 --> 00:34:34,960
the construction activity will be

850
00:34:34,159 --> 00:34:37,040
entirely

851
00:34:34,960 --> 00:34:38,560
vertical adding a second floor and you

852
00:34:37,040 --> 00:34:41,839
saw on the staff report

853
00:34:38,560 --> 00:34:45,679
members the applicants before or

854
00:34:41,839 --> 00:34:50,399
existing and proposed home renderings

855
00:34:45,679 --> 00:34:53,119
and um uh the

856
00:34:50,399 --> 00:34:55,040
the same type of discussion of oh and

857
00:34:53,119 --> 00:34:58,079
then i also showed the renderings

858
00:34:55,040 --> 00:34:59,440
uh from the side profile too the side

859
00:34:58,079 --> 00:35:02,960
that will face

860
00:34:59,440 --> 00:35:05,440
the closest house which would be on the

861
00:35:02,960 --> 00:35:07,920
west side

862
00:35:05,440 --> 00:35:11,119
the applicants are not intending to

863
00:35:07,920 --> 00:35:13,760
change the use of the property

864
00:35:11,119 --> 00:35:15,599
a two-story house is certainly

865
00:35:13,760 --> 00:35:18,400
harmonious in character with

866
00:35:15,599 --> 00:35:19,680
this part of town certainly there's no

867
00:35:18,400 --> 00:35:22,000
injury that's

868
00:35:19,680 --> 00:35:23,440
as far as i can tell is being imposed on

869
00:35:22,000 --> 00:35:26,720
any property owner or

870
00:35:23,440 --> 00:35:26,720
on the neighborhood generally

871
00:35:28,000 --> 00:35:31,760
the house is already located one foot

872
00:35:30,720 --> 00:35:34,880
from the lot line

873
00:35:31,760 --> 00:35:38,480
um and this is actually not as

874
00:35:34,880 --> 00:35:40,640
typical typically found as uh

875
00:35:38,480 --> 00:35:42,240
you might expect in the village a

876
00:35:40,640 --> 00:35:42,880
residential village district where the

877
00:35:42,240 --> 00:35:45,760
lots

878
00:35:42,880 --> 00:35:47,359
are often a bit larger than the 3 000

879
00:35:45,760 --> 00:35:49,839
square foot lot you might

880
00:35:47,359 --> 00:35:50,720
sometimes see so this is truly a very

881
00:35:49,839 --> 00:35:54,800
unique

882
00:35:50,720 --> 00:35:54,800
situation and

883
00:35:55,200 --> 00:35:59,040
the applicants would suffer a hardship

884
00:35:57,680 --> 00:36:01,920
in that they would not be

885
00:35:59,040 --> 00:36:03,119
able to build a second story on their

886
00:36:01,920 --> 00:36:05,119
home

887
00:36:03,119 --> 00:36:08,640
just by virtue of the fact of the

888
00:36:05,119 --> 00:36:08,640
house's current location

889
00:36:08,720 --> 00:36:12,720
so i in anticipation of your your

890
00:36:11,440 --> 00:36:14,800
question mr uh

891
00:36:12,720 --> 00:36:16,800
chairman i would say that i i would

892
00:36:14,800 --> 00:36:18,560
recommend the approval of this variance

893
00:36:16,800 --> 00:36:20,960
as well

894
00:36:18,560 --> 00:36:20,960
thank you

895
00:36:23,040 --> 00:36:30,240
okay at this point i will open

896
00:36:26,640 --> 00:36:33,680
up the floor to any testimony

897
00:36:30,240 --> 00:36:36,320
for proponents of this plan speaking

898
00:36:33,680 --> 00:36:37,119
from the public if you do choose to

899
00:36:36,320 --> 00:36:40,240
speak please

900
00:36:37,119 --> 00:36:42,720
state your name address and

901
00:36:40,240 --> 00:36:46,320
and who you represent if you're speaking

902
00:36:42,720 --> 00:36:46,320
for someone else or on your own behalf

903
00:36:50,400 --> 00:36:54,240
my name's annette taylor uh i live at

904
00:36:53,280 --> 00:36:56,560
8310

905
00:36:54,240 --> 00:36:58,320
bayside road uh we have several

906
00:36:56,560 --> 00:37:00,160
neighbors here they can provide their

907
00:36:58,320 --> 00:37:00,800
own names and addresses if you'd like

908
00:37:00,160 --> 00:37:03,839
them to

909
00:37:00,800 --> 00:37:05,680
um no all of us have seen the plans and

910
00:37:03,839 --> 00:37:08,720
we think it would do nothing but enhance

911
00:37:05,680 --> 00:37:10,640
the neighborhood the neighbor who

912
00:37:08,720 --> 00:37:12,000
had an issue with the potential water

913
00:37:10,640 --> 00:37:14,320
view is also here

914
00:37:12,000 --> 00:37:16,960
and would be happy to talk about any of

915
00:37:14,320 --> 00:37:16,960
that too but

916
00:37:17,520 --> 00:37:26,000
thank you

917
00:37:23,440 --> 00:37:29,280
okay uh are any other comments from

918
00:37:26,000 --> 00:37:29,280
members of the public at this point

919
00:37:34,640 --> 00:37:41,760
only excuse me mr chairman

920
00:37:38,640 --> 00:37:44,480
yes uh did the person who just spoke uh

921
00:37:41,760 --> 00:37:47,040
identified herself to the record yes

922
00:37:44,480 --> 00:37:50,240
sorry it was on mute go ahead i'm sorry

923
00:37:47,040 --> 00:37:53,440
here she is uh joanne mattingly

924
00:37:50,240 --> 00:37:56,640
3906 27th street

925
00:37:53,440 --> 00:37:58,800
and i am satisfied that my water view

926
00:37:56,640 --> 00:38:05,839
will not be impacted

927
00:37:58,800 --> 00:38:05,839
thank you

928
00:38:05,920 --> 00:38:10,000
any others hello hello please take it

929
00:38:09,280 --> 00:38:13,040
away

930
00:38:10,000 --> 00:38:14,400
hi um my name is chris calantonio and i

931
00:38:13,040 --> 00:38:17,760
live across the street

932
00:38:14,400 --> 00:38:18,640
at 39 11 27th street and we think the

933
00:38:17,760 --> 00:38:21,680
plan's great

934
00:38:18,640 --> 00:38:25,520
so we um are not opposing it

935
00:38:21,680 --> 00:38:25,520
at all thank you

936
00:38:30,480 --> 00:38:33,839
any further comments

937
00:38:36,560 --> 00:38:41,280
hearing none i will move on to any

938
00:38:39,760 --> 00:38:43,839
is there anyone who would like to speak

939
00:38:41,280 --> 00:38:45,520
in opposition uh similarly if you do

940
00:38:43,839 --> 00:38:48,400
please announce your name address and

941
00:38:45,520 --> 00:38:48,400
who you represent

942
00:38:52,240 --> 00:38:56,320
okay hearing none we will move on is

943
00:38:55,280 --> 00:38:59,520
there any

944
00:38:56,320 --> 00:39:02,000
uh final follow-up questions

945
00:38:59,520 --> 00:39:03,520
or final statements that the applicant

946
00:39:02,000 --> 00:39:05,839
would like to make to the board at this

947
00:39:03,520 --> 00:39:05,839
time

948
00:39:06,240 --> 00:39:09,839
no i just thank you all for your time

949
00:39:08,079 --> 00:39:13,359
thank you very much

950
00:39:09,839 --> 00:39:16,720
thank you um okay

951
00:39:13,359 --> 00:39:20,000
at that um let's see

952
00:39:16,720 --> 00:39:20,480
um so i believe we are coming to the end

953
00:39:20,000 --> 00:39:23,520
of the

954
00:39:20,480 --> 00:39:27,280
public hearing and are getting ready to

955
00:39:23,520 --> 00:39:29,920
begin deliberations do i hear a motion

956
00:39:27,280 --> 00:39:33,280
for the board to close public hearings

957
00:39:29,920 --> 00:39:35,520
and begin deliberations on this case

958
00:39:33,280 --> 00:39:37,119
i i will make a motion to close public

959
00:39:35,520 --> 00:39:41,040
hearings

960
00:39:37,119 --> 00:39:44,560
and i will second that motion thank you

961
00:39:41,040 --> 00:39:48,079
okay public comments are closed um

962
00:39:44,560 --> 00:39:49,440
i will open it to the board to begin

963
00:39:48,079 --> 00:39:53,119
discussions

964
00:39:49,440 --> 00:39:53,119
on any part of this plan they would like

965
00:39:54,839 --> 00:39:57,839
to

966
00:39:58,800 --> 00:40:06,079
uh mr hoonstar having heard

967
00:40:02,160 --> 00:40:09,440
testimony from neighbors who are

968
00:40:06,079 --> 00:40:12,160
supporting the application and

969
00:40:09,440 --> 00:40:13,520
having read mr jakubiak's staff report

970
00:40:12,160 --> 00:40:15,920
which addresses

971
00:40:13,520 --> 00:40:18,000
all of the five factors that we are

972
00:40:15,920 --> 00:40:20,160
required to address

973
00:40:18,000 --> 00:40:21,680
i have no questions or concerns with

974
00:40:20,160 --> 00:40:25,920
this application

975
00:40:21,680 --> 00:40:28,720
and i'm uh inclined to approve it

976
00:40:25,920 --> 00:40:31,040
thank you is there anything you would

977
00:40:28,720 --> 00:40:33,440
like to add at this time mr daugherty

978
00:40:31,040 --> 00:40:35,359
uh again my thinking is along the same

979
00:40:33,440 --> 00:40:37,520
lines as david

980
00:40:35,359 --> 00:40:39,680
i have no questions and comments and i

981
00:40:37,520 --> 00:40:42,720
am inclined to approve it

982
00:40:39,680 --> 00:40:45,440
thank you uh at that point i will close

983
00:40:42,720 --> 00:40:46,160
discussions down and begin the official

984
00:40:45,440 --> 00:40:48,720
vote

985
00:40:46,160 --> 00:40:50,160
uh for this particular application uh mr

986
00:40:48,720 --> 00:40:54,000
dougherty how do you find

987
00:40:50,160 --> 00:40:57,760
uh i approve uh mr ferguson

988
00:40:54,000 --> 00:40:59,760
likewise i approve all right the uh

989
00:40:57,760 --> 00:41:02,240
we the board approves uh at this point

990
00:40:59,760 --> 00:41:04,319
i'd like to ask mr sussman

991
00:41:02,240 --> 00:41:05,280
uh to draft a resolution containing the

992
00:41:04,319 --> 00:41:07,920
board's decision

993
00:41:05,280 --> 00:41:09,119
um or i guess i should pause and ask if

994
00:41:07,920 --> 00:41:10,960
he has any

995
00:41:09,119 --> 00:41:13,280
uh particulars he would like to add to

996
00:41:10,960 --> 00:41:15,440
this uh this case at this point

997
00:41:13,280 --> 00:41:16,400
now mr chairman other than the fact that

998
00:41:15,440 --> 00:41:18,560
as with the

999
00:41:16,400 --> 00:41:20,000
prior application i think the grant of

1000
00:41:18,560 --> 00:41:23,040
the approval should be tied

1001
00:41:20,000 --> 00:41:25,040
to adhering to the plans that were

1002
00:41:23,040 --> 00:41:29,119
submitted to the board

1003
00:41:25,040 --> 00:41:31,359
thank you okay um that is the end

1004
00:41:29,119 --> 00:41:32,400
of the official agenda for the board of

1005
00:41:31,359 --> 00:41:34,319
appeals

1006
00:41:32,400 --> 00:41:35,839
uh is there anything else we would like

1007
00:41:34,319 --> 00:41:39,440
to take up at this time

1008
00:41:35,839 --> 00:41:39,440
i'll open the floor up

1009
00:41:43,040 --> 00:41:46,560
hearing none um i believe that is all

1010
00:41:45,920 --> 00:41:48,480
and

1011
00:41:46,560 --> 00:41:50,880
as far as i know there is not another

1012
00:41:48,480 --> 00:41:53,599
board of appeals meeting on the schedule

1013
00:41:50,880 --> 00:41:55,119
sharon will send out official notice to

1014
00:41:53,599 --> 00:41:58,319
board members and the public

1015
00:41:55,119 --> 00:41:59,040
when one is needed and i thank you all

1016
00:41:58,319 --> 00:42:02,000
for your time

1017
00:41:59,040 --> 00:42:02,800
and for the staff and applicants for

1018
00:42:02,000 --> 00:42:05,920
being here today

1019
00:42:02,800 --> 00:42:08,800
thank you mr mr hoonster i

1020
00:42:05,920 --> 00:42:10,160
just to get it officially i move that

1021
00:42:08,800 --> 00:42:13,200
the meeting be adjourned

1022
00:42:10,160 --> 00:42:14,240
ah yes thank you do i hear a second i

1023
00:42:13,200 --> 00:42:16,160
will second that

1024
00:42:14,240 --> 00:42:17,920
all right meeting is adjourned thank you

1025
00:42:16,160 --> 00:42:21,680
everybody great thank you

1026
00:42:17,920 --> 00:42:21,680
thank you good night everybody

1027
00:42:22,160 --> 00:42:26,800
good night