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good

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morning am i good on the mic

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all right uh hello everybody welcome um

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this is the uh called order for the

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board of appeals meeting um on july 18

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2022

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um

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on the agenda tonight is case 2022-1 uh

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by william sammons on behalf of marcus

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farbstein

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for 715 b street uh which is a variance

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for the zoning 2919a

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for the north and south side yards uh

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that's the first on the dock its second

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one is case 2022-2 uh for jason hein of

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uh 4008 old bayside uh with regards to a

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variance concerning swimming pool

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diameter um at this point i believe we

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will do a roll call for the board

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um

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so richard birch

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right

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paul doherty president

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teresa frederick is sitting out the

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first uh

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the first uh item and will be joining us

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later in this meeting uh steven sharpe

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uh and from the town we have uh sharon

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holm

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and uh legal counsel fred sussman

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president

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at this point i will pass it over to

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sharon for confirmation of the posting

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and docs entered into the record

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okay

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the

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hearing was advertised june 24th july

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1st and july 8th

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uh planning and zoning was notified on

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june 17th

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uh notified the property owner and

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adjacent property owners on june 14th

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and the proper the property was posted

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on july 1st

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darren can you repeat those please oh i

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have you a sheet if if that's what you

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need

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thank you sharon um in that case uh

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we'll begin straight away with 2022-1 um

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william sammons or the agent for 1715 b

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street um pass it off for presentation

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um and the board is asking for a little

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bit of clarification onto which

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variances are being requested as there

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might have been some mix-up in the

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documentation

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david on behalf of the applicant

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who was

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with me and marcus farce is actually the

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property owner at 775-15

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b street as to

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the clarification

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all mr

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farbstein

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associates

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was here as well back in april of 2016.

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we offended that on the fly at the

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hearing on the record we amended the

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requested

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variance downward uh

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what we had originally asked for was a

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4.5 foot variance on the north side

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which would allow the house to be set

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back 3.5 feet on the south side of the

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4.4 foot variance which are allowed to

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set back

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3.6 feet

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we amended that on the fly

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to

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because

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the lot is smaller than 7500 square feet

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it allows a reduction in the in the

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setback

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but it can't be

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less than 10 of the lot width here which

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it could be reduced

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uh

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less than 3.2 feet so we met it on the

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fly yes

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it's helpful i have notes here of uh 2.8

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north side

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okay

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2.8 so we went from eight to five point

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two but on the south side the variance

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was four point eight feet so from eight

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feet to 3.4 uh that is all

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we're seeking uh again tonight um

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i know i talked spoken mr sussman i know

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he had distributed to the board

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the board's ruling from april 2016. i

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would ask that that be submitted into

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the record uh as exhibit one um

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again all we're asking for is what was

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previously granted i'm happy to go

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through all the variance criteria

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again what i would note is

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i think from the perspective of what the

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applicant must show the variance

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criteria

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nothing has has really changed on this a

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lot

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this thought back in 2016. in iceland

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just big station i walked by this lot

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all the time it was

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i had to use the term flight but it was

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a ram shackle

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i think 1936

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shack there were some zoning violations

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issued to mr forrester that was how he

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initially came to see me there were

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concerns that the

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structure was so decrepit that the

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roof had so much water and i think the

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town was scared the walls were going to

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blow out it was going to explode

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all over the place so in order to

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remedy those violations we came before

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the board we saw

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these variances in 2017

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[Music]

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mr parsley began the process of having

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getting the permits to

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the existing structure demolished and

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retaining walls installed that was

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accomplished in 2018 mr clarkson could

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certainly testify to that before

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wishes

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he hired a company of the strictly

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retaining walls and they were they were

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put up and the structure was demolished

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as you may recall about a month later in

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may 2018

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there were sloughing events uh down the

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steep slopes excuse me

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we just want to make sure your mic is

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turned on

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there we go oh sorry do i need to start

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all over again

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you can actually sit down yeah

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thank you mr tribute it might be helpful

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to either sit down there or stand here

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can you get closer to the mic come up

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here um

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so in 2018 as everyone will recall there

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were the sloughing events

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on the the slopes there uh

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below b street going down to the

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boardwalk uh running between brownies

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beach and uh 17th street uh there were

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stop work orders placed by the town

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uh mr farbstein then had a geotech study

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completed that was submitted to the town

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that was approved by the town by the

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third party engineer i understand that

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uh the the board and the town are not

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requiring another

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text study uh then obviously we get into

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to covet and all those delays so that's

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why we're here i know the variance

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expires after a year uh mr farbstein

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really just wants to to pick up the ball

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where he left off and and run with it

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again as to the the five criteria and if

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the board

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[Music]

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admits its previous findings into the

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record i think those five criteria are

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met again i'm happy to go over all of

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them again

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but

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as we sit here today i don't think

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anything has changed between april 2016

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and july 2022 as far as those uh

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variance requirements

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go the the lot is still the same size uh

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there are still

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the same unique features again that i

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that i can go over but we would ask that

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with the admission of those previous

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findings the the board uh grant the

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requested variances again which are just

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what uh the board

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previously

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uh approved so to the extent we need to

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amend that on the record again we're

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seeking a variance of 2.8 feet

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on the north side of the property and a

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variance of 4.8 feet on the south side

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of the property

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thank you

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thank you

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um at this point we will pass it over

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for staff reports um from mr kubiak the

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planning and zoning administrator of

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chesapeake beach yeah thank you thank

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you

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um

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the

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lot is small here

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it's

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about 3 200 square feet just been over

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that

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uh the standard lot size in the zoning

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district is 7 500 square feet so we're

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dealing with a

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non-conforming situation a very small

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lot within the residential zone um

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i since we have planning commission

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member

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board of appeals members that are new i

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just wanted to

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just say for the record what a setback

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is and i included a brief paragraph in

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my

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memo

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to say that the

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setback is the distance between a lot

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line

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and the building

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so every house your houses everybody

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everyone's house is required to have a

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side yard that's the open space between

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the building foundation and

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building that's the building wall in the

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side property line

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in this zoning district

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where lots normally are larger

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the setbacks are eight feet so eight

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feet of free and clear between the wall

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and the

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lot line

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if this lot were developed under those

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strict conditions

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there'd be a very small

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footprint allowable for building

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if you have a 32 foot wide lot take away

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16 feet eight on each side you've left

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with 16 feet of space to build a house

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naturally the

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zoning ordinance recognizes this and

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allows for lots within with these unique

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characteristics

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to

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proceed provided that the setbacks

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are no smaller than 10 percent of the

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width so we have 32 feet so the smallest

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yard

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smallest yard that you can have is 3.2

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feet on either side

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the yards that they're requesting are

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bigger than that

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right the yards they're requesting

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are

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5.2 feet on the north side and 3.4 feet

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on the south side meaning that between

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the edge of the building and the

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neighbors property line on the north

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side they'll be 5.2 feet of open space

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free and clear

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and

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3.4 feet on the south side

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it just so happens that on the north

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side

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that

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property owner built the house really

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close to the lot line and uh i was

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reminded of that when i read over the

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previous staff reported i think it's

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within inches

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of the lot line

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and that was a factor for the discussion

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of the previous board years ago when

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this this case was heard

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the applicant is proposing to have a

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bigger

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yard on that side

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and by virtue of that is bringing the

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house would bring the house further away

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from that that tall

290
00:11:32,480 --> 00:11:35,920
wall

291
00:11:33,680 --> 00:11:35,920
um

292
00:11:36,240 --> 00:11:40,399
you don't need to go far

293
00:11:38,079 --> 00:11:42,560
uh to the rear of this lot before it

294
00:11:40,399 --> 00:11:44,560
slopes down drastically

295
00:11:42,560 --> 00:11:47,040
to the boardwalk below and the

296
00:11:44,560 --> 00:11:49,760
chesapeake bay

297
00:11:47,040 --> 00:11:52,800
in fact i would say the last 20 or 25

298
00:11:49,760 --> 00:11:54,399
feet of the lot just drops off

299
00:11:52,800 --> 00:11:56,240
precipitously

300
00:11:54,399 --> 00:11:57,120
i was out there today and i noticed that

301
00:11:56,240 --> 00:11:59,519
the

302
00:11:57,120 --> 00:12:00,399
some construction took place uh there's

303
00:11:59,519 --> 00:12:02,560
a

304
00:12:00,399 --> 00:12:04,639
not illegally but as part of the

305
00:12:02,560 --> 00:12:08,079
original permitted uh

306
00:12:04,639 --> 00:12:10,480
plan a retaining wall that's that runs

307
00:12:08,079 --> 00:12:13,920
parallel to the chesapeake bay at the

308
00:12:10,480 --> 00:12:16,720
rear of the lot it holds up the

309
00:12:13,920 --> 00:12:18,150
land behind it so on the b street side

310
00:12:16,720 --> 00:12:20,399
of the wall

311
00:12:18,150 --> 00:12:22,800
[Music]

312
00:12:20,399 --> 00:12:25,360
it's confirmed up by this this retaining

313
00:12:22,800 --> 00:12:28,480
wall and there's a concrete set of

314
00:12:25,360 --> 00:12:29,440
stairs that walks walks you down to a

315
00:12:28,480 --> 00:12:31,839
kind of a

316
00:12:29,440 --> 00:12:34,160
lower platform below the wall the wall

317
00:12:31,839 --> 00:12:36,160
is at least eight foot tall um i didn't

318
00:12:34,160 --> 00:12:37,600
measure it but it's a tall wall and

319
00:12:36,160 --> 00:12:38,560
below that is a kind of a little

320
00:12:37,600 --> 00:12:41,839
platform

321
00:12:38,560 --> 00:12:43,680
before it drops off again uh in the more

322
00:12:41,839 --> 00:12:46,240
naturalized slope down to the the

323
00:12:43,680 --> 00:12:46,240
boardwalk

324
00:12:47,120 --> 00:12:52,480
if you're familiar with b street this

325
00:12:48,959 --> 00:12:54,720
part of b street is quite narrow uh

326
00:12:52,480 --> 00:12:56,480
it's about 12 and a half foot of

327
00:12:54,720 --> 00:12:58,160
passageway through there

328
00:12:56,480 --> 00:13:00,160
um

329
00:12:58,160 --> 00:13:01,920
it's a condition that is

330
00:13:00,160 --> 00:13:03,519
long existed in town within this

331
00:13:01,920 --> 00:13:05,279
particular area while it's substandard

332
00:13:03,519 --> 00:13:08,240
it's it is what it is

333
00:13:05,279 --> 00:13:10,399
the house next to this on the north side

334
00:13:08,240 --> 00:13:13,040
is a two-story house

335
00:13:10,399 --> 00:13:14,399
it's well under 35 feet well under 30

336
00:13:13,040 --> 00:13:16,720
feet tall

337
00:13:14,399 --> 00:13:18,320
the house on the south side is

338
00:13:16,720 --> 00:13:22,240
one story or one and a half story

339
00:13:18,320 --> 00:13:23,600
structure and it's much lower

340
00:13:22,240 --> 00:13:24,880
the reason i mentioned that is that

341
00:13:23,600 --> 00:13:26,880
there's a

342
00:13:24,880 --> 00:13:29,440
provision in the code that says that

343
00:13:26,880 --> 00:13:31,920
houses within

344
00:13:29,440 --> 00:13:33,040
these unique situations when they seek a

345
00:13:31,920 --> 00:13:35,839
variance

346
00:13:33,040 --> 00:13:37,760
they're non-conforming a lot too small

347
00:13:35,839 --> 00:13:40,079
lots too small and there's

348
00:13:37,760 --> 00:13:42,480
too narrow

349
00:13:40,079 --> 00:13:42,480
they can

350
00:13:42,560 --> 00:13:47,120
make use of these

351
00:13:44,399 --> 00:13:49,519
side yards they can go up to you know 10

352
00:13:47,120 --> 00:13:52,160
percent of the lot width so they can

353
00:13:49,519 --> 00:13:54,560
spread the house out provided they

354
00:13:52,160 --> 00:13:55,839
in this case just have three 3.2 feet at

355
00:13:54,560 --> 00:13:58,240
least

356
00:13:55,839 --> 00:14:00,000
but that provision that allows that also

357
00:13:58,240 --> 00:14:01,680
calls for

358
00:14:00,000 --> 00:14:04,160
managing the height

359
00:14:01,680 --> 00:14:07,279
so that you wouldn't have in these very

360
00:14:04,160 --> 00:14:10,079
narrow compact situations a really tall

361
00:14:07,279 --> 00:14:11,440
structure next to two

362
00:14:10,079 --> 00:14:14,320
low structures

363
00:14:11,440 --> 00:14:15,760
and actually calls for averaging the

364
00:14:14,320 --> 00:14:18,320
building height

365
00:14:15,760 --> 00:14:20,560
among the the building so that if you're

366
00:14:18,320 --> 00:14:22,880
right in the middle your

367
00:14:20,560 --> 00:14:25,839
building height has to be the can be no

368
00:14:22,880 --> 00:14:28,079
greater than the average of the two

369
00:14:25,839 --> 00:14:30,800
on either side of you

370
00:14:28,079 --> 00:14:33,680
the proposal is to build a house that

371
00:14:30,800 --> 00:14:36,079
looks to me to be about 32 feet tall it

372
00:14:33,680 --> 00:14:36,959
it reads as a three-story structure the

373
00:14:36,079 --> 00:14:39,360
first

374
00:14:36,959 --> 00:14:41,600
level is a garage and

375
00:14:39,360 --> 00:14:43,519
and the front door and then there's a

376
00:14:41,600 --> 00:14:45,760
level of living space above it another

377
00:14:43,519 --> 00:14:48,399
level on top of that then a peaked roof

378
00:14:45,760 --> 00:14:48,399
and that's on

379
00:14:49,360 --> 00:14:53,199
one two three

380
00:14:51,020 --> 00:14:56,480
[Music]

381
00:14:53,199 --> 00:14:59,199
four five the fifth page of the

382
00:14:56,480 --> 00:15:01,440
staff report i just used the elevation

383
00:14:59,199 --> 00:15:04,000
that the applicant submitted and so it's

384
00:15:01,440 --> 00:15:06,639
you know it's in their packet as well

385
00:15:04,000 --> 00:15:08,720
but i wanted to call attention to that

386
00:15:06,639 --> 00:15:10,320
um provision because one thing that i

387
00:15:08,720 --> 00:15:13,040
believe you're asked to evaluate is

388
00:15:10,320 --> 00:15:15,279
whether this

389
00:15:13,040 --> 00:15:17,199
house

390
00:15:15,279 --> 00:15:18,399
is below or equal to or below the

391
00:15:17,199 --> 00:15:19,600
average

392
00:15:18,399 --> 00:15:21,600
of the two

393
00:15:19,600 --> 00:15:23,360
and i don't have the average

394
00:15:21,600 --> 00:15:24,880
i've not done that work

395
00:15:23,360 --> 00:15:26,800
it's up to the board

396
00:15:24,880 --> 00:15:30,079
it's up to the applicant to persuade the

397
00:15:26,800 --> 00:15:30,079
board about the standards but

398
00:15:30,240 --> 00:15:34,480
i'm not sure it does

399
00:15:32,160 --> 00:15:36,320
comply with that standard

400
00:15:34,480 --> 00:15:38,160
so that's not to say you can't approve

401
00:15:36,320 --> 00:15:42,720
the variances

402
00:15:38,160 --> 00:15:45,199
but i it's a it'll be a point of

403
00:15:42,720 --> 00:15:46,800
issue at site plan approval

404
00:15:45,199 --> 00:15:48,800
um and

405
00:15:46,800 --> 00:15:50,639
zoning permit approval

406
00:15:48,800 --> 00:15:54,320
um

407
00:15:50,639 --> 00:15:57,680
now the the

408
00:15:54,320 --> 00:15:57,680
couple other points here

409
00:16:01,680 --> 00:16:05,920
the evaluation

410
00:16:04,000 --> 00:16:09,279
is a

411
00:16:05,920 --> 00:16:11,279
five-step evaluation their five criteria

412
00:16:09,279 --> 00:16:12,720
and while the the previous board went

413
00:16:11,279 --> 00:16:15,519
through those

414
00:16:12,720 --> 00:16:18,079
uh criteria uh it's important that you

415
00:16:15,519 --> 00:16:18,880
as the new constituted board do the same

416
00:16:18,079 --> 00:16:20,480
thing

417
00:16:18,880 --> 00:16:22,959
and

418
00:16:20,480 --> 00:16:24,639
and have your own chance to deliberate

419
00:16:22,959 --> 00:16:26,240
on those criteria

420
00:16:24,639 --> 00:16:28,399
and um

421
00:16:26,240 --> 00:16:29,759
the first item is that the granting the

422
00:16:28,399 --> 00:16:32,560
variance shall be in harmony with the

423
00:16:29,759 --> 00:16:34,839
general purpose in intent

424
00:16:32,560 --> 00:16:37,040
of the of the chapter that is the zoning

425
00:16:34,839 --> 00:16:38,320
ordinance that shall not be injurious to

426
00:16:37,040 --> 00:16:41,120
the neighborhood or otherwise

427
00:16:38,320 --> 00:16:43,199
detrimental to the public welfare

428
00:16:41,120 --> 00:16:45,040
one of the most important things that

429
00:16:43,199 --> 00:16:47,600
we grapple with when there's a proposal

430
00:16:45,040 --> 00:16:50,800
for any redevelopment on these

431
00:16:47,600 --> 00:16:52,880
on b street because of the slopes is

432
00:16:50,800 --> 00:16:55,600
slope failure and the impact of

433
00:16:52,880 --> 00:16:56,639
construction at the top of these slopes

434
00:16:55,600 --> 00:16:59,120
and

435
00:16:56,639 --> 00:17:01,680
as the applicant's attorney said back in

436
00:16:59,120 --> 00:17:04,079
2018 there was a slothing of the the

437
00:17:01,680 --> 00:17:05,360
hillside to a degree that the town

438
00:17:04,079 --> 00:17:07,120
actually

439
00:17:05,360 --> 00:17:09,919
put essentially

440
00:17:07,120 --> 00:17:12,880
a stop work order on a variety of

441
00:17:09,919 --> 00:17:13,520
ongoing projects on the street and said

442
00:17:12,880 --> 00:17:15,520
you

443
00:17:13,520 --> 00:17:17,039
can't do anything else until we grapple

444
00:17:15,520 --> 00:17:18,400
with this issue and try to figure out

445
00:17:17,039 --> 00:17:20,880
how to handle it

446
00:17:18,400 --> 00:17:24,160
and mr farbstein at the time was a real

447
00:17:20,880 --> 00:17:26,160
gentleman he was i would say there was a

448
00:17:24,160 --> 00:17:28,480
a real community-spirited person he

449
00:17:26,160 --> 00:17:30,799
actually allowed the town's third party

450
00:17:28,480 --> 00:17:34,160
engineer to use his property for staging

451
00:17:30,799 --> 00:17:37,360
and to do uh deep uh

452
00:17:34,160 --> 00:17:38,880
well drilling to take soil samples out

453
00:17:37,360 --> 00:17:40,559
we really appreciated that because it

454
00:17:38,880 --> 00:17:42,720
help allowed us to

455
00:17:40,559 --> 00:17:45,919
to put together a plan

456
00:17:42,720 --> 00:17:48,160
and as it turns out the requirement was

457
00:17:45,919 --> 00:17:50,640
what the town adopted a zoning or

458
00:17:48,160 --> 00:17:52,559
an ordinance change in the building code

459
00:17:50,640 --> 00:17:54,480
section of the town code

460
00:17:52,559 --> 00:17:56,640
and the

461
00:17:54,480 --> 00:17:58,559
ordinance change

462
00:17:56,640 --> 00:17:59,679
basically said that in order to get a

463
00:17:58,559 --> 00:18:01,760
permit

464
00:17:59,679 --> 00:18:04,000
or to continue under a pre-existing

465
00:18:01,760 --> 00:18:06,400
permit you have to do a geotechnical

466
00:18:04,000 --> 00:18:08,960
study and that study basically has to

467
00:18:06,400 --> 00:18:11,440
find that the construction will not

468
00:18:08,960 --> 00:18:12,720
impact the slope in a negative way it's

469
00:18:11,440 --> 00:18:15,280
going to be safe

470
00:18:12,720 --> 00:18:16,960
and so mr farbstein did that study

471
00:18:15,280 --> 00:18:19,200
submitted it to the to the town our

472
00:18:16,960 --> 00:18:21,600
third party engineer confirmed that the

473
00:18:19,200 --> 00:18:23,600
the study was well done and it would not

474
00:18:21,600 --> 00:18:26,080
negatively impact the slope

475
00:18:23,600 --> 00:18:27,919
so when you think about this standard in

476
00:18:26,080 --> 00:18:29,280
my natural reaction is to think about

477
00:18:27,919 --> 00:18:31,600
injurious to the neighborhood i think

478
00:18:29,280 --> 00:18:33,520
about that slope um

479
00:18:31,600 --> 00:18:35,520
this study has been done uh it was

480
00:18:33,520 --> 00:18:38,400
submitted as part of this uh package by

481
00:18:35,520 --> 00:18:40,240
the applicant and it shows uh according

482
00:18:38,400 --> 00:18:42,799
to the town's engineer and our third

483
00:18:40,240 --> 00:18:45,840
party engineer that it will not be

484
00:18:42,799 --> 00:18:48,559
impactful to the slope uh

485
00:18:45,840 --> 00:18:50,559
i will say that before we so one once

486
00:18:48,559 --> 00:18:53,360
that study was done we reissued the

487
00:18:50,559 --> 00:18:54,880
permit to allow the construction to go

488
00:18:53,360 --> 00:18:56,799
go forward but for whatever reason the

489
00:18:54,880 --> 00:18:58,320
project was not constructed

490
00:18:56,799 --> 00:18:59,679
um

491
00:18:58,320 --> 00:19:01,600
so the house could have been built

492
00:18:59,679 --> 00:19:03,280
previously it hadn't been

493
00:19:01,600 --> 00:19:04,480
if the permit had been followed through

494
00:19:03,280 --> 00:19:06,960
with

495
00:19:04,480 --> 00:19:06,960
the um

496
00:19:07,520 --> 00:19:11,480
the

497
00:19:08,320 --> 00:19:11,480
the um

498
00:19:12,320 --> 00:19:17,280
i guess i forgot where i was headed with

499
00:19:13,679 --> 00:19:19,600
that um oh yeah the site plan

500
00:19:17,280 --> 00:19:21,600
that the the town received

501
00:19:19,600 --> 00:19:24,880
was modified as well in a number of

502
00:19:21,600 --> 00:19:26,720
locations and um i share with you this

503
00:19:24,880 --> 00:19:28,640
information as sort of an aside because

504
00:19:26,720 --> 00:19:31,360
it's something that

505
00:19:28,640 --> 00:19:35,039
kind of has run with this project

506
00:19:31,360 --> 00:19:37,840
it was important to the town that

507
00:19:35,039 --> 00:19:40,720
no water be collected on that site and

508
00:19:37,840 --> 00:19:43,919
allowed to infiltrate into the soil like

509
00:19:40,720 --> 00:19:43,919
you would in a normal

510
00:19:44,240 --> 00:19:48,480
site where you want you don't want to

511
00:19:46,160 --> 00:19:50,559
you do not want water running off of of

512
00:19:48,480 --> 00:19:52,240
a typical site you want to collect it

513
00:19:50,559 --> 00:19:54,000
allow it to percolate into the the

514
00:19:52,240 --> 00:19:55,679
ground but up there on those steep

515
00:19:54,000 --> 00:19:57,520
slopes

516
00:19:55,679 --> 00:20:00,000
the last thing the town wanted is more

517
00:19:57,520 --> 00:20:02,960
water to be coming into the slopes and

518
00:20:00,000 --> 00:20:06,320
working its way out to push the land off

519
00:20:02,960 --> 00:20:07,520
the slope so the site plan was revised

520
00:20:06,320 --> 00:20:10,320
and amended

521
00:20:07,520 --> 00:20:12,960
with mr fabstein's engineers to convey

522
00:20:10,320 --> 00:20:15,919
all the water through piping to the

523
00:20:12,960 --> 00:20:18,240
town's drainage system where it goes to

524
00:20:15,919 --> 00:20:19,679
once pipe and drain and goes out to the

525
00:20:18,240 --> 00:20:22,080
bay

526
00:20:19,679 --> 00:20:23,679
and that process was worked out in

527
00:20:22,080 --> 00:20:26,080
coordination with uh

528
00:20:23,679 --> 00:20:28,799
with the county so i say that again to

529
00:20:26,080 --> 00:20:30,799
say that the issue of storm water which

530
00:20:28,799 --> 00:20:33,520
is often an issue of concern in building

531
00:20:30,799 --> 00:20:37,919
steep slopes has been resolved

532
00:20:33,520 --> 00:20:41,600
it's not a concern for the town staff

533
00:20:37,919 --> 00:20:41,600
for this particular development project

534
00:20:44,320 --> 00:20:46,880
and then then there are other standards

535
00:20:46,000 --> 00:20:49,039
that

536
00:20:46,880 --> 00:20:51,280
if the board has any questions

537
00:20:49,039 --> 00:20:53,679
about as you go through the um

538
00:20:51,280 --> 00:20:55,360
the hearing tonight you can ask me if

539
00:20:53,679 --> 00:20:57,120
you have any questions about

540
00:20:55,360 --> 00:20:59,360
what information i gave you to help you

541
00:20:57,120 --> 00:21:02,720
evaluate that feel free to

542
00:20:59,360 --> 00:21:04,159
um but again i i provide enough context

543
00:21:02,720 --> 00:21:05,200
so that you can grapple with the

544
00:21:04,159 --> 00:21:07,440
questions

545
00:21:05,200 --> 00:21:09,600
but it's also ultimately up to the

546
00:21:07,440 --> 00:21:11,120
the the applicant to persuade you they

547
00:21:09,600 --> 00:21:13,280
have to demonstrate to you that these

548
00:21:11,120 --> 00:21:14,840
standards are met but i'm here to to

549
00:21:13,280 --> 00:21:17,840
guide you and assist if you have any

550
00:21:14,840 --> 00:21:20,480
questions okay

551
00:21:17,840 --> 00:21:22,799
thank you sure

552
00:21:20,480 --> 00:21:25,200
at this point we will move into

553
00:21:22,799 --> 00:21:26,559
testimony i will start with anyone who

554
00:21:25,200 --> 00:21:29,200
would like to speak

555
00:21:26,559 --> 00:21:31,280
as a proponent on behalf of this plan

556
00:21:29,200 --> 00:21:32,960
speaker should uh step forward announce

557
00:21:31,280 --> 00:21:35,039
their name and address

558
00:21:32,960 --> 00:21:37,760
uh and who they represent uh or if

559
00:21:35,039 --> 00:21:39,120
they're speaking on their own behalf um

560
00:21:37,760 --> 00:21:40,320
we'll do proponents first and if there

561
00:21:39,120 --> 00:21:42,400
are any opponents they'll come

562
00:21:40,320 --> 00:21:47,520
afterwards but i will call for that so

563
00:21:42,400 --> 00:21:47,520
anyone speaking uh in support of this

564
00:21:52,000 --> 00:21:55,679
okay

565
00:21:53,200 --> 00:21:57,280
um we'll move into any testimony from

566
00:21:55,679 --> 00:21:58,799
opponents is there anyone who'd like to

567
00:21:57,280 --> 00:22:00,080
stand and speak

568
00:21:58,799 --> 00:22:01,360
against this

569
00:22:00,080 --> 00:22:03,600
plan

570
00:22:01,360 --> 00:22:06,799
once again name address and who you

571
00:22:03,600 --> 00:22:06,799
represent if you'd like to speak

572
00:22:09,120 --> 00:22:16,280
there's a sign-in sheet right there on

573
00:22:11,679 --> 00:22:16,280
the thing if you could sign in please

574
00:22:35,440 --> 00:22:39,919
board my name is kevin smith i live

575
00:22:38,080 --> 00:22:40,880
adjacent to the property on the south

576
00:22:39,919 --> 00:22:43,200
side

577
00:22:40,880 --> 00:22:45,600
7513 b street

578
00:22:43,200 --> 00:22:47,760
um my wife trish and i are here and my

579
00:22:45,600 --> 00:22:49,360
mother-in-law monica

580
00:22:47,760 --> 00:22:50,960
um

581
00:22:49,360 --> 00:22:54,320
we're here first because

582
00:22:50,960 --> 00:22:55,600
uh we were aware that there was some you

583
00:22:54,320 --> 00:22:59,039
know obviously if you own a piece of

584
00:22:55,600 --> 00:23:00,480
property you want to prove it a property

585
00:22:59,039 --> 00:23:02,159
all for that

586
00:23:00,480 --> 00:23:04,080
but the first word we heard anything

587
00:23:02,159 --> 00:23:05,840
about it was a certified letter to

588
00:23:04,080 --> 00:23:07,520
appear here today

589
00:23:05,840 --> 00:23:09,840
and um

590
00:23:07,520 --> 00:23:11,600
our concerns come here for

591
00:23:09,840 --> 00:23:13,280
about i'd say three

592
00:23:11,600 --> 00:23:14,240
would be

593
00:23:13,280 --> 00:23:15,120
um

594
00:23:14,240 --> 00:23:17,039
the

595
00:23:15,120 --> 00:23:18,799
uh the setback

596
00:23:17,039 --> 00:23:21,679
pushing our way we could afford it we do

597
00:23:18,799 --> 00:23:23,200
have a buffer on our side much unlike

598
00:23:21,679 --> 00:23:25,360
our neighbor the opposite side where

599
00:23:23,200 --> 00:23:27,760
they're very close

600
00:23:25,360 --> 00:23:30,640
however our fence is directly on the

601
00:23:27,760 --> 00:23:33,039
property line it's already leaning in

602
00:23:30,640 --> 00:23:34,320
so our concern would be when you dig a

603
00:23:33,039 --> 00:23:35,679
foundation of a background in

604
00:23:34,320 --> 00:23:37,679
construction

605
00:23:35,679 --> 00:23:39,919
you have what is the exact number three

606
00:23:37,679 --> 00:23:41,440
and a half feet on the side set back

607
00:23:39,919 --> 00:23:43,200
from the property line

608
00:23:41,440 --> 00:23:44,559
well that's from the foundation to the

609
00:23:43,200 --> 00:23:46,159
property line

610
00:23:44,559 --> 00:23:48,240
well in order to pour a foundation you

611
00:23:46,159 --> 00:23:50,240
need to over dig so that a human can get

612
00:23:48,240 --> 00:23:52,720
down there and put the forms in so

613
00:23:50,240 --> 00:23:55,840
therefore our concerns are

614
00:23:52,720 --> 00:23:57,120
you're gonna dig at least two feet human

615
00:23:55,840 --> 00:23:59,039
person to get in there and put the

616
00:23:57,120 --> 00:24:00,240
foundation in the forms for the

617
00:23:59,039 --> 00:24:02,080
foundation

618
00:24:00,240 --> 00:24:04,080
will run a compromise and compromise

619
00:24:02,080 --> 00:24:04,960
that hill so we'd be concerned about the

620
00:24:04,080 --> 00:24:07,440
fence

621
00:24:04,960 --> 00:24:09,279
being damaged in this process

622
00:24:07,440 --> 00:24:10,400
that's that's one issue

623
00:24:09,279 --> 00:24:11,600
um

624
00:24:10,400 --> 00:24:13,200
two

625
00:24:11,600 --> 00:24:14,799
because this is the first time we heard

626
00:24:13,200 --> 00:24:19,120
of it we don't know who what when where

627
00:24:14,799 --> 00:24:21,679
what's going on so all we hear is

628
00:24:19,120 --> 00:24:23,760
a grab of additional without any

629
00:24:21,679 --> 00:24:25,440
information on what structure what size

630
00:24:23,760 --> 00:24:26,240
of the structure is how high is it going

631
00:24:25,440 --> 00:24:28,480
to be

632
00:24:26,240 --> 00:24:30,240
no information was conveyed to us

633
00:24:28,480 --> 00:24:32,159
so that's why we're here so we want more

634
00:24:30,240 --> 00:24:33,440
information it's been very informative

635
00:24:32,159 --> 00:24:35,360
so far

636
00:24:33,440 --> 00:24:37,200
but that's our second issue

637
00:24:35,360 --> 00:24:38,720
two because as we talked about here is

638
00:24:37,200 --> 00:24:40,720
the slump issues

639
00:24:38,720 --> 00:24:42,880
of foundation would that affect our

640
00:24:40,720 --> 00:24:45,120
effect our foundation

641
00:24:42,880 --> 00:24:46,720
i don't know enough i mean to answer

642
00:24:45,120 --> 00:24:47,919
that once you start digging anything

643
00:24:46,720 --> 00:24:49,760
could happen

644
00:24:47,919 --> 00:24:50,880
but um so those are the three issues

645
00:24:49,760 --> 00:24:52,000
that we have

646
00:24:50,880 --> 00:24:53,600
um

647
00:24:52,000 --> 00:24:55,840
with that

648
00:24:53,600 --> 00:24:57,600
said those are our concerns

649
00:24:55,840 --> 00:24:59,919
and we presented to the board and you

650
00:24:57,600 --> 00:25:01,520
guys uh taken our concerns as the

651
00:24:59,919 --> 00:25:03,360
neighbor to the right or the south side

652
00:25:01,520 --> 00:25:04,480
of this property

653
00:25:03,360 --> 00:25:07,600
sure should have anything else i

654
00:25:04,480 --> 00:25:10,960
administered didn't cover

655
00:25:07,600 --> 00:25:10,960
i didn't think she's not public

656
00:25:12,480 --> 00:25:16,320
so really that that's it you know in i

657
00:25:15,360 --> 00:25:18,320
grew up in

658
00:25:16,320 --> 00:25:19,120
anne arundel county and you know i know

659
00:25:18,320 --> 00:25:22,159
that

660
00:25:19,120 --> 00:25:23,200
in the past we applied for a permit and

661
00:25:22,159 --> 00:25:25,360
uh

662
00:25:23,200 --> 00:25:28,559
we went door to door and conveyed that

663
00:25:25,360 --> 00:25:30,320
information so we weren't broadsided and

664
00:25:28,559 --> 00:25:32,159
i feel a little bit broadsided as all of

665
00:25:30,320 --> 00:25:34,880
a sudden hey we want all this land next

666
00:25:32,159 --> 00:25:36,400
to you and no details so that's why

667
00:25:34,880 --> 00:25:39,520
we're here to gain more information with

668
00:25:36,400 --> 00:25:42,679
that i'll relinquish my time thank you

669
00:25:39,520 --> 00:25:42,679
thank you

670
00:25:49,360 --> 00:25:52,400
once again take your time to uh write

671
00:25:50,880 --> 00:25:53,600
down your name information on the book

672
00:25:52,400 --> 00:25:55,600
and uh just go ahead and announce who

673
00:25:53,600 --> 00:25:58,159
you are thank you

674
00:25:55,600 --> 00:26:00,000
hello board my name is carlton chesson

675
00:25:58,159 --> 00:26:03,279
i live on the uh

676
00:26:00,000 --> 00:26:05,039
north side of um

677
00:26:03,279 --> 00:26:07,679
i'm sorry i i i

678
00:26:05,039 --> 00:26:10,240
i'm sorry your name slips inside

679
00:26:07,679 --> 00:26:11,600
you're mr barnstein barberstein i'm i'm

680
00:26:10,240 --> 00:26:13,760
sorry mr farbs

681
00:26:11,600 --> 00:26:15,440
uh yeah i live on the north side of mr

682
00:26:13,760 --> 00:26:19,200
fardstein's property

683
00:26:15,440 --> 00:26:21,840
um i just had a uh i also have a

684
00:26:19,200 --> 00:26:23,360
um background not in construction but in

685
00:26:21,840 --> 00:26:25,200
uh

686
00:26:23,360 --> 00:26:28,559
in um facilities

687
00:26:25,200 --> 00:26:30,720
and i'd kind of deal with the

688
00:26:28,559 --> 00:26:32,880
um new constructions

689
00:26:30,720 --> 00:26:35,200
new constructions woes

690
00:26:32,880 --> 00:26:38,240
and i had a i had a few

691
00:26:35,200 --> 00:26:41,279
uh well i have a few um concerns

692
00:26:38,240 --> 00:26:43,120
concerning this project due to the

693
00:26:41,279 --> 00:26:45,919
this right here

694
00:26:43,120 --> 00:26:48,159
this is the distance between

695
00:26:45,919 --> 00:26:49,840
the house i have a three foot arm

696
00:26:48,159 --> 00:26:51,360
and

697
00:26:49,840 --> 00:26:53,200
you know i got

698
00:26:51,360 --> 00:26:55,200
a 32-foot

699
00:26:53,200 --> 00:26:57,919
lawnmower 32-inch lawnmower you know

700
00:26:55,200 --> 00:26:59,679
couldn't get through there um i have uh

701
00:26:57,919 --> 00:27:02,080
questions about erosion

702
00:26:59,679 --> 00:27:03,760
um uh

703
00:27:02,080 --> 00:27:04,640
you know with these heavy storms that we

704
00:27:03,760 --> 00:27:07,200
have

705
00:27:04,640 --> 00:27:09,919
uh i feel that

706
00:27:07,200 --> 00:27:10,720
there could be a troughing issue

707
00:27:09,919 --> 00:27:13,520
with

708
00:27:10,720 --> 00:27:15,039
with it that you know close i mean the

709
00:27:13,520 --> 00:27:16,799
troughing in the water

710
00:27:15,039 --> 00:27:18,640
just you know going down to the back

711
00:27:16,799 --> 00:27:23,440
street that's a

712
00:27:18,640 --> 00:27:23,440
another issue that i had and the

713
00:27:23,520 --> 00:27:28,399
a certain uh looming feature i call it

714
00:27:26,640 --> 00:27:32,159
looming because like i said if they

715
00:27:28,399 --> 00:27:33,520
don't average the um height of these uh

716
00:27:32,159 --> 00:27:36,080
houses

717
00:27:33,520 --> 00:27:38,320
uh it's it's it's gonna um

718
00:27:36,080 --> 00:27:40,720
in my eyes it would directly affect the

719
00:27:38,320 --> 00:27:43,039
aesthetics of the you know and

720
00:27:40,720 --> 00:27:45,440
quaintness of the neighborhood with this

721
00:27:43,039 --> 00:27:46,480
uh going up and down especially

722
00:27:45,440 --> 00:27:47,600
you know

723
00:27:46,480 --> 00:27:49,520
uh

724
00:27:47,600 --> 00:27:52,880
as that's concerned and

725
00:27:49,520 --> 00:27:54,480
you know because especially that close

726
00:27:52,880 --> 00:27:55,840
i'm going to be literally looking up

727
00:27:54,480 --> 00:27:58,240
like this

728
00:27:55,840 --> 00:27:59,279
to 32 foot structure

729
00:27:58,240 --> 00:28:01,679
and

730
00:27:59,279 --> 00:28:02,640
you know i i i will not be going any

731
00:28:01,679 --> 00:28:05,440
more than

732
00:28:02,640 --> 00:28:06,640
uh two stories uh

733
00:28:05,440 --> 00:28:08,399
at all but

734
00:28:06,640 --> 00:28:10,880
you know

735
00:28:08,399 --> 00:28:12,799
i mean he certainly has the right

736
00:28:10,880 --> 00:28:14,880
but at

737
00:28:12,799 --> 00:28:16,559
a distance that is

738
00:28:14,880 --> 00:28:20,640
you know and like it's like you know the

739
00:28:16,559 --> 00:28:22,320
town has um noted before an average

740
00:28:20,640 --> 00:28:24,480
uh

741
00:28:22,320 --> 00:28:26,159
an average of uh you know just to keep

742
00:28:24,480 --> 00:28:29,039
the aesthetics of the um

743
00:28:26,159 --> 00:28:30,960
of the uh bay front and the bay line

744
00:28:29,039 --> 00:28:32,799
um

745
00:28:30,960 --> 00:28:35,440
it's my lovely wife jesse did you have

746
00:28:32,799 --> 00:28:35,440
any other um

747
00:28:39,120 --> 00:28:43,360
hi my name is jessie chesson i'm carlton

748
00:28:41,600 --> 00:28:45,919
chaston's wife

749
00:28:43,360 --> 00:28:47,600
property owners with him with 75 17 b

750
00:28:45,919 --> 00:28:50,960
street and the other concern that we had

751
00:28:47,600 --> 00:28:52,559
was really around um fire um so

752
00:28:50,960 --> 00:28:55,679
obviously being that close we still live

753
00:28:52,559 --> 00:28:57,919
in a townhouse development where

754
00:28:55,679 --> 00:29:00,159
um there was a fire in the development

755
00:28:57,919 --> 00:29:01,840
and the fire jumped from townhouse to

756
00:29:00,159 --> 00:29:04,080
townhouse and so that's our concern with

757
00:29:01,840 --> 00:29:05,600
the property uh the adjacent property

758
00:29:04,080 --> 00:29:06,960
being so close is that if there is a

759
00:29:05,600 --> 00:29:09,360
disaster at our house's house or the

760
00:29:06,960 --> 00:29:11,039
house on the other side that we

761
00:29:09,360 --> 00:29:13,600
we would all become

762
00:29:11,039 --> 00:29:16,080
impacted if there is any um

763
00:29:13,600 --> 00:29:17,600
any damage with fire or storm damage or

764
00:29:16,080 --> 00:29:19,520
anything like that it's going to easily

765
00:29:17,600 --> 00:29:20,559
jump across to the properties so that's

766
00:29:19,520 --> 00:29:21,679
the other thing that i would add in

767
00:29:20,559 --> 00:29:22,640
addition to what my husband already

768
00:29:21,679 --> 00:29:23,760
provided

769
00:29:22,640 --> 00:29:26,919
thank you

770
00:29:23,760 --> 00:29:26,919
thank you

771
00:30:05,679 --> 00:30:10,080
good evening board my name is beverly

772
00:30:08,000 --> 00:30:12,240
stewart and i live

773
00:30:10,080 --> 00:30:13,600
at 7514

774
00:30:12,240 --> 00:30:15,279
b street

775
00:30:13,600 --> 00:30:18,080
which is

776
00:30:15,279 --> 00:30:20,480
across the street and up one up the hill

777
00:30:18,080 --> 00:30:20,480
on the

778
00:30:21,360 --> 00:30:24,559
south side

779
00:30:23,039 --> 00:30:28,000
of the property

780
00:30:24,559 --> 00:30:28,000
i do want to point out that i am

781
00:30:28,240 --> 00:30:34,399
a relatively new neighbor

782
00:30:31,520 --> 00:30:35,279
so i was not living at the property

783
00:30:34,399 --> 00:30:37,600
when

784
00:30:35,279 --> 00:30:39,760
the board met originally

785
00:30:37,600 --> 00:30:42,320
to make this determination i also would

786
00:30:39,760 --> 00:30:43,520
like to point out that

787
00:30:42,320 --> 00:30:46,240
uh

788
00:30:43,520 --> 00:30:49,279
the two neighbors on either side

789
00:30:46,240 --> 00:30:51,120
are new neighbors also so

790
00:30:49,279 --> 00:30:52,960
they haven't either one of them hasn't

791
00:30:51,120 --> 00:30:56,960
lived in the property for more than a

792
00:30:52,960 --> 00:30:56,960
year is that correct obviously

793
00:30:57,039 --> 00:31:01,279
august 31st will be a year for them

794
00:31:00,080 --> 00:31:02,720
and

795
00:31:01,279 --> 00:31:04,640
april

796
00:31:02,720 --> 00:31:07,279
um for

797
00:31:04,640 --> 00:31:10,960
jesse and carlton

798
00:31:07,279 --> 00:31:14,320
uh so i think that um

799
00:31:10,960 --> 00:31:14,320
when a decision was made

800
00:31:14,799 --> 00:31:19,919
four years ago when the board made their

801
00:31:17,039 --> 00:31:22,240
original determination

802
00:31:19,919 --> 00:31:24,480
the viewpoint of the neighbors on

803
00:31:22,240 --> 00:31:26,240
the surrounding properties could have

804
00:31:24,480 --> 00:31:28,480
been very different

805
00:31:26,240 --> 00:31:30,240
because there were different people

806
00:31:28,480 --> 00:31:32,480
standing here making

807
00:31:30,240 --> 00:31:34,559
their feelings known so i do want to

808
00:31:32,480 --> 00:31:36,480
point that out i think it's important to

809
00:31:34,559 --> 00:31:39,279
note

810
00:31:36,480 --> 00:31:41,279
i do have a major concern

811
00:31:39,279 --> 00:31:44,960
about

812
00:31:41,279 --> 00:31:47,279
waiving the height limit

813
00:31:44,960 --> 00:31:49,519
i think that the

814
00:31:47,279 --> 00:31:50,559
average between the two which is the

815
00:31:49,519 --> 00:31:52,399
current

816
00:31:50,559 --> 00:31:54,399
uh

817
00:31:52,399 --> 00:31:56,880
focal point of the height of the

818
00:31:54,399 --> 00:31:58,799
construction i think i would like to ask

819
00:31:56,880 --> 00:32:01,519
that

820
00:31:58,799 --> 00:32:02,720
that average be kept in place i think

821
00:32:01,519 --> 00:32:04,320
that

822
00:32:02,720 --> 00:32:06,240
um

823
00:32:04,320 --> 00:32:08,799
it would be detrimental to all of the

824
00:32:06,240 --> 00:32:09,760
surrounding areas to

825
00:32:08,799 --> 00:32:11,360
build

826
00:32:09,760 --> 00:32:13,360
a structure that would be so much

827
00:32:11,360 --> 00:32:14,799
greater than what was originally put

828
00:32:13,360 --> 00:32:16,799
into place for

829
00:32:14,799 --> 00:32:18,480
i'm sure very

830
00:32:16,799 --> 00:32:19,820
specific

831
00:32:18,480 --> 00:32:20,960
reasons um

832
00:32:19,820 --> 00:32:23,430
[Music]

833
00:32:20,960 --> 00:32:25,200
and i too have a concern um

834
00:32:23,430 --> 00:32:26,320
[Music]

835
00:32:25,200 --> 00:32:29,519
not for

836
00:32:26,320 --> 00:32:32,399
my property but for

837
00:32:29,519 --> 00:32:34,399
the smiths and the

838
00:32:32,399 --> 00:32:36,240
chessons that

839
00:32:34,399 --> 00:32:39,039
especially for the chessons because

840
00:32:36,240 --> 00:32:41,519
their home was built i think over 100

841
00:32:39,039 --> 00:32:43,279
years ago so they weren't involved at

842
00:32:41,519 --> 00:32:44,720
all in the process of that home being

843
00:32:43,279 --> 00:32:47,360
constructed

844
00:32:44,720 --> 00:32:49,840
so it was um

845
00:32:47,360 --> 00:32:52,480
it was a one level home at one time and

846
00:32:49,840 --> 00:32:55,039
it was added on to but it's

847
00:32:52,480 --> 00:32:57,919
it is right on the property line i mean

848
00:32:55,039 --> 00:32:58,720
there is just no

849
00:32:57,919 --> 00:33:00,720
um

850
00:32:58,720 --> 00:33:03,039
building restriction line on their side

851
00:33:00,720 --> 00:33:05,279
of the property at all

852
00:33:03,039 --> 00:33:07,279
which that's just the way it was when

853
00:33:05,279 --> 00:33:10,320
the house was built and they

854
00:33:07,279 --> 00:33:14,240
accepted it at that point

855
00:33:10,320 --> 00:33:16,480
because they liked the house so much but

856
00:33:14,240 --> 00:33:18,799
if i were living

857
00:33:16,480 --> 00:33:20,960
so close to a home

858
00:33:18,799 --> 00:33:26,399
i would wonder too how could a fire

859
00:33:20,960 --> 00:33:30,399
department be able to fight a fire with

860
00:33:26,399 --> 00:33:33,600
on that side i think you're looking at

861
00:33:30,399 --> 00:33:33,600
3.6 feet

862
00:33:33,919 --> 00:33:37,840
to get any equipment through there

863
00:33:36,240 --> 00:33:40,720
for a human to get through there when

864
00:33:37,840 --> 00:33:43,200
there's a fire raging for a firefighter

865
00:33:40,720 --> 00:33:45,039
to get through that space

866
00:33:43,200 --> 00:33:46,640
would be

867
00:33:45,039 --> 00:33:50,080
probably

868
00:33:46,640 --> 00:33:50,880
impossible due to their safety

869
00:33:50,080 --> 00:33:53,600
so

870
00:33:50,880 --> 00:33:55,279
i i'm very very concerned about that so

871
00:33:53,600 --> 00:33:57,600
i think that there

872
00:33:55,279 --> 00:34:01,360
are legitimate um

873
00:33:57,600 --> 00:34:02,960
concerns for in my mind for

874
00:34:01,360 --> 00:34:04,080
um

875
00:34:02,960 --> 00:34:07,039
there to be

876
00:34:04,080 --> 00:34:09,919
a variance that's above and beyond what

877
00:34:07,039 --> 00:34:12,159
the normal variance would be

878
00:34:09,919 --> 00:34:12,159
um

879
00:34:12,240 --> 00:34:18,320
on the sides and in the height

880
00:34:15,679 --> 00:34:21,560
i appreciate your time very much

881
00:34:18,320 --> 00:34:21,560
thank you

882
00:34:24,560 --> 00:34:29,440
teresa frederick uh also at 7514 b

883
00:34:28,240 --> 00:34:30,560
street

884
00:34:29,440 --> 00:34:34,720
sorry

885
00:34:30,560 --> 00:34:37,760
and um i am as a citizen here not as a

886
00:34:34,720 --> 00:34:39,679
part of the member of the board

887
00:34:37,760 --> 00:34:42,159
the one thing that

888
00:34:39,679 --> 00:34:44,000
has been mentioned several times is the

889
00:34:42,159 --> 00:34:45,440
height of the house

890
00:34:44,000 --> 00:34:48,560
and

891
00:34:45,440 --> 00:34:51,280
if the variance is granted for the side

892
00:34:48,560 --> 00:34:53,040
yard change

893
00:34:51,280 --> 00:34:54,800
there is

894
00:34:53,040 --> 00:34:58,400
as it's been pointed out a height

895
00:34:54,800 --> 00:35:02,599
restriction of 25 feet

896
00:34:58,400 --> 00:35:02,599
or the average of the two homes

897
00:35:02,960 --> 00:35:09,359
the north home north side home

898
00:35:06,960 --> 00:35:10,720
does not set level

899
00:35:09,359 --> 00:35:13,520
with the

900
00:35:10,720 --> 00:35:16,160
house in question it sits lower

901
00:35:13,520 --> 00:35:18,720
than the property

902
00:35:16,160 --> 00:35:20,960
at 75.15

903
00:35:18,720 --> 00:35:22,560
and so

904
00:35:20,960 --> 00:35:25,760
that even will

905
00:35:22,560 --> 00:35:27,200
show more heights difference between the

906
00:35:25,760 --> 00:35:28,000
houses

907
00:35:27,200 --> 00:35:32,000
so

908
00:35:28,000 --> 00:35:34,000
the three foot three level house

909
00:35:32,000 --> 00:35:36,079
is what concerns me the most because it

910
00:35:34,000 --> 00:35:37,440
will definitely stick out in the

911
00:35:36,079 --> 00:35:39,920
neighborhood

912
00:35:37,440 --> 00:35:41,050
in that location

913
00:35:39,920 --> 00:35:43,119
and

914
00:35:41,050 --> 00:35:45,440
[Music]

915
00:35:43,119 --> 00:35:47,920
i don't think it's within harmony of the

916
00:35:45,440 --> 00:35:47,920
neighborhood

917
00:35:48,079 --> 00:35:52,160
the other thing that i

918
00:35:50,079 --> 00:35:53,119
um

919
00:35:52,160 --> 00:35:55,280
have been

920
00:35:53,119 --> 00:35:57,760
made aware of and that i question i

921
00:35:55,280 --> 00:35:59,920
don't know if this is the case or not

922
00:35:57,760 --> 00:36:02,880
but i believe there's

923
00:35:59,920 --> 00:36:06,960
a hundred foot setback

924
00:36:02,880 --> 00:36:10,400
buffer zone from the tidal water

925
00:36:06,960 --> 00:36:13,359
and i'm wondering if that

926
00:36:10,400 --> 00:36:15,280
house encroaches upon that at all where

927
00:36:13,359 --> 00:36:17,119
it sits on the lot

928
00:36:15,280 --> 00:36:19,440
but my main concern is the heights

929
00:36:17,119 --> 00:36:21,920
because it's not in harmony with the

930
00:36:19,440 --> 00:36:24,000
houses around it

931
00:36:21,920 --> 00:36:27,160
thank you

932
00:36:24,000 --> 00:36:27,160
thank you

933
00:36:54,800 --> 00:36:59,400
good evening uh my name is kathleen

934
00:36:56,880 --> 00:37:03,440
beralt i reside at

935
00:36:59,400 --> 00:37:06,320
7409 b street so i'm not a an immediate

936
00:37:03,440 --> 00:37:10,079
neighbor of 7515

937
00:37:06,320 --> 00:37:11,680
but i've been on b street for 23 years

938
00:37:10,079 --> 00:37:13,839
and um

939
00:37:11,680 --> 00:37:16,880
and i just wanted to raise my concern

940
00:37:13,839 --> 00:37:18,720
about the height requirement um

941
00:37:16,880 --> 00:37:20,560
i had uh

942
00:37:18,720 --> 00:37:21,440
i live next to

943
00:37:20,560 --> 00:37:22,560
uh

944
00:37:21,440 --> 00:37:26,960
on the

945
00:37:22,560 --> 00:37:28,720
south side a new house that is

946
00:37:26,960 --> 00:37:30,880
35 feet

947
00:37:28,720 --> 00:37:33,599
in the center but on the edges it

948
00:37:30,880 --> 00:37:36,160
exceeds 35 feet and it

949
00:37:33,599 --> 00:37:38,560
uh i have a two-story house and it

950
00:37:36,160 --> 00:37:40,320
almost dwarfs my house it's the house

951
00:37:38,560 --> 00:37:41,599
takes the full lot

952
00:37:40,320 --> 00:37:45,760
and then to

953
00:37:41,599 --> 00:37:48,560
uh the north of me is a residence that

954
00:37:45,760 --> 00:37:49,440
basically the mudslide when it happened

955
00:37:48,560 --> 00:37:52,000
uh

956
00:37:49,440 --> 00:37:56,079
was the the home next to me

957
00:37:52,000 --> 00:38:00,079
and uh they have a a large swimming pool

958
00:37:56,079 --> 00:38:03,280
in ground that i believe contributed to

959
00:38:00,079 --> 00:38:06,000
the mudslide that then created the stop

960
00:38:03,280 --> 00:38:07,599
work order along b street so i just

961
00:38:06,000 --> 00:38:11,599
wanted to share my

962
00:38:07,599 --> 00:38:12,480
uh i do not believe that a a house uh

963
00:38:11,599 --> 00:38:14,640
over

964
00:38:12,480 --> 00:38:18,079
well 32 feet

965
00:38:14,640 --> 00:38:19,119
that is not average is not in harmony

966
00:38:18,079 --> 00:38:22,240
with

967
00:38:19,119 --> 00:38:25,599
the with b street uh this is the

968
00:38:22,240 --> 00:38:27,359
original campground area and we talk in

969
00:38:25,599 --> 00:38:30,839
chesapeake beach all the time about

970
00:38:27,359 --> 00:38:35,040
small town charm this would be the third

971
00:38:30,839 --> 00:38:37,520
um new home along b street and the

972
00:38:35,040 --> 00:38:39,520
second one does not also reflect the

973
00:38:37,520 --> 00:38:42,160
harmony and you know in the

974
00:38:39,520 --> 00:38:45,359
comprehensive plan uh it's been

975
00:38:42,160 --> 00:38:47,280
established that the the building uh

976
00:38:45,359 --> 00:38:49,359
should be in harmony with the

977
00:38:47,280 --> 00:38:51,520
neighborhood and

978
00:38:49,359 --> 00:38:53,040
i do not believe that two previous

979
00:38:51,520 --> 00:38:55,359
projects

980
00:38:53,040 --> 00:38:58,800
and i don't believe this house if it

981
00:38:55,359 --> 00:39:01,839
exceeds 32 feet will also not be in

982
00:38:58,800 --> 00:39:03,440
compliance with that um i do have the

983
00:39:01,839 --> 00:39:06,400
history of a

984
00:39:03,440 --> 00:39:09,440
of uh living here where a house was

985
00:39:06,400 --> 00:39:11,440
granted a few houses up a variance to go

986
00:39:09,440 --> 00:39:12,560
above 35 feet

987
00:39:11,440 --> 00:39:14,400
and uh

988
00:39:12,560 --> 00:39:17,599
approximately i think it's eight to ten

989
00:39:14,400 --> 00:39:19,119
years ago and it this is anecdotal

990
00:39:17,599 --> 00:39:21,760
studies were done

991
00:39:19,119 --> 00:39:24,880
the ground was yes the house can support

992
00:39:21,760 --> 00:39:27,760
the variance of above 35 feet and that's

993
00:39:24,880 --> 00:39:30,079
not true the the new structure toppled

994
00:39:27,760 --> 00:39:32,800
all the other house um injuring the

995
00:39:30,079 --> 00:39:34,400
residents in that house as well as both

996
00:39:32,800 --> 00:39:38,079
of us houses

997
00:39:34,400 --> 00:39:42,320
were then raised so it's it's a serious

998
00:39:38,079 --> 00:39:45,440
consideration and i think uh one despite

999
00:39:42,320 --> 00:39:47,359
you know geotechnical studies um i

1000
00:39:45,440 --> 00:39:50,160
myself uh

1001
00:39:47,359 --> 00:39:53,040
work on the lawn next to mine and uh i

1002
00:39:50,160 --> 00:39:54,800
can tell you uh on the the ground that

1003
00:39:53,040 --> 00:39:56,800
faces the bay

1004
00:39:54,800 --> 00:39:59,520
i can nail stand there and there's a

1005
00:39:56,800 --> 00:40:02,960
drop almost to my mid thigh

1006
00:39:59,520 --> 00:40:05,440
and in over the last uh 15 years i've

1007
00:40:02,960 --> 00:40:07,520
cut that lawn and

1008
00:40:05,440 --> 00:40:10,079
that didn't used to be the way so

1009
00:40:07,520 --> 00:40:12,079
regardless of the studies

1010
00:40:10,079 --> 00:40:13,839
there is a shifting and a sloping on the

1011
00:40:12,079 --> 00:40:17,760
hillside and

1012
00:40:13,839 --> 00:40:20,240
as i said i'm my my home is protected by

1013
00:40:17,760 --> 00:40:22,720
two large trees that i couldn't even

1014
00:40:20,240 --> 00:40:25,680
build within 10 feet of it and those

1015
00:40:22,720 --> 00:40:28,240
trees keep that structure that that hill

1016
00:40:25,680 --> 00:40:29,440
stabilized but i can tell you on either

1017
00:40:28,240 --> 00:40:30,480
side of me

1018
00:40:29,440 --> 00:40:31,680
uh

1019
00:40:30,480 --> 00:40:33,760
there's been

1020
00:40:31,680 --> 00:40:35,520
a swimming pool there's been a large

1021
00:40:33,760 --> 00:40:38,480
structure that

1022
00:40:35,520 --> 00:40:40,640
impacts the uh hillside

1023
00:40:38,480 --> 00:40:43,800
so thank you for your time

1024
00:40:40,640 --> 00:40:43,800
thank you

1025
00:41:04,480 --> 00:41:07,480
okay

1026
00:41:12,880 --> 00:41:17,920
thank you all for your comments um

1027
00:41:15,920 --> 00:41:20,960
uh procedural questions should we if uh

1028
00:41:17,920 --> 00:41:20,960
we have uh questions

1029
00:41:23,119 --> 00:41:27,119
if i have some questions for mr jacob

1030
00:41:24,960 --> 00:41:28,720
okay uh mr still part of the public

1031
00:41:27,119 --> 00:41:31,440
hearing okay

1032
00:41:28,720 --> 00:41:33,359
uh mr jacobia i'll start us off so

1033
00:41:31,440 --> 00:41:34,880
um let me just say i think that the app

1034
00:41:33,359 --> 00:41:38,079
can also ought to be given the

1035
00:41:34,880 --> 00:41:40,160
opportunity right to uh address issues

1036
00:41:38,079 --> 00:41:41,760
raised during public comment

1037
00:41:40,160 --> 00:41:46,920
uh yes if anyone like to make a remodel

1038
00:41:41,760 --> 00:41:46,920
please uh step forward i would

1039
00:41:52,319 --> 00:41:56,640
first and foremost there was a lot of

1040
00:41:54,160 --> 00:41:57,920
talk particularly about the the three

1041
00:41:56,640 --> 00:41:59,760
folks

1042
00:41:57,920 --> 00:42:02,400
uh towards the end the last three folks

1043
00:41:59,760 --> 00:42:05,440
talking about the height

1044
00:42:02,400 --> 00:42:07,920
we're not here seeking a variance

1045
00:42:05,440 --> 00:42:09,200
from the strict provisions

1046
00:42:07,920 --> 00:42:12,880
of

1047
00:42:09,200 --> 00:42:12,880
the zoning ordinance as

1048
00:42:12,960 --> 00:42:18,319
required

1049
00:42:14,160 --> 00:42:22,160
i believe it's 290 19 d2

1050
00:42:18,319 --> 00:42:24,160
says if we rely on that language

1051
00:42:22,160 --> 00:42:26,800
uh for a narrower lot

1052
00:42:24,160 --> 00:42:28,079
we're confined to 25 feet or the average

1053
00:42:26,800 --> 00:42:29,359
of the height of the two adjacent

1054
00:42:28,079 --> 00:42:30,640
structures

1055
00:42:29,359 --> 00:42:31,760
if we were seeking a variance from that

1056
00:42:30,640 --> 00:42:33,200
provision we would have put it in the

1057
00:42:31,760 --> 00:42:34,800
application and we'd be having that

1058
00:42:33,200 --> 00:42:36,079
discussion so i understand their

1059
00:42:34,800 --> 00:42:37,760
concerns but

1060
00:42:36,079 --> 00:42:41,280
candidly it's it's not

1061
00:42:37,760 --> 00:42:43,520
before the board tonight um and as the

1062
00:42:41,280 --> 00:42:46,720
condition of when the previous variants

1063
00:42:43,520 --> 00:42:49,359
was granted one of the conditions was

1064
00:42:46,720 --> 00:42:51,839
submittal and approval of a category two

1065
00:42:49,359 --> 00:42:53,680
site plan presumably that concern would

1066
00:42:51,839 --> 00:42:56,560
be addressed and they would mr farbstein

1067
00:42:53,680 --> 00:42:58,000
would have to comply with that provision

1068
00:42:56,560 --> 00:42:59,359
of the zoning ordinance we're not here

1069
00:42:58,000 --> 00:43:00,480
seeking a variance from that provision

1070
00:42:59,359 --> 00:43:03,119
of the zoding ordinance so while i

1071
00:43:00,480 --> 00:43:05,280
understand their concerns uh

1072
00:43:03,119 --> 00:43:07,280
it's off topic and in canada i think a

1073
00:43:05,280 --> 00:43:09,920
little bit of a diversion

1074
00:43:07,280 --> 00:43:11,200
i understand the concerns and six years

1075
00:43:09,920 --> 00:43:12,480
ago

1076
00:43:11,200 --> 00:43:14,319
we discussed

1077
00:43:12,480 --> 00:43:16,880
extensively

1078
00:43:14,319 --> 00:43:19,839
the idea and mr kubiak can give me the

1079
00:43:16,880 --> 00:43:22,240
show he will confirm my technical term

1080
00:43:19,839 --> 00:43:24,960
the canyoning effect and it has been a

1081
00:43:22,240 --> 00:43:27,440
concern of this board

1082
00:43:24,960 --> 00:43:29,200
before 2016 and i assume

1083
00:43:27,440 --> 00:43:31,119
going forward

1084
00:43:29,200 --> 00:43:33,119
wear these lots

1085
00:43:31,119 --> 00:43:35,280
it's very common in chesapeake beach

1086
00:43:33,119 --> 00:43:36,560
where what's on paper is not what's in

1087
00:43:35,280 --> 00:43:38,400
reality

1088
00:43:36,560 --> 00:43:39,200
on the ground and you get people like

1089
00:43:38,400 --> 00:43:41,520
the

1090
00:43:39,200 --> 00:43:42,800
property of the north of mr farbstein's

1091
00:43:41,520 --> 00:43:46,160
where they put

1092
00:43:42,800 --> 00:43:47,680
the structure right on the lot line

1093
00:43:46,160 --> 00:43:49,359
and that's where it is it's not mr

1094
00:43:47,680 --> 00:43:50,480
farbstein's fault it's not the current

1095
00:43:49,359 --> 00:43:51,920
owner's fault

1096
00:43:50,480 --> 00:43:53,200
but at some point somebody put that

1097
00:43:51,920 --> 00:43:54,640
structure right on the lot line and now

1098
00:43:53,200 --> 00:43:57,599
we have to deal

1099
00:43:54,640 --> 00:43:59,520
with with how how we deal with that

1100
00:43:57,599 --> 00:44:01,599
that was one of the concerns with the

1101
00:43:59,520 --> 00:44:03,680
board and i believe with mr jacobiak

1102
00:44:01,599 --> 00:44:06,160
with the previous request as originally

1103
00:44:03,680 --> 00:44:07,280
submitted was this cannoning effect the

1104
00:44:06,160 --> 00:44:08,560
narrowness

1105
00:44:07,280 --> 00:44:09,920
there were concerns with first

1106
00:44:08,560 --> 00:44:12,079
responders getting through there that

1107
00:44:09,920 --> 00:44:13,920
was one of the reasons the request was

1108
00:44:12,079 --> 00:44:16,319
amended and it's not three feet

1109
00:44:13,920 --> 00:44:17,839
respectfully it's 5.2 feet that's the

1110
00:44:16,319 --> 00:44:20,240
amount of the setback

1111
00:44:17,839 --> 00:44:26,000
okay the setback we're requesting is the

1112
00:44:20,240 --> 00:44:27,200
variance is 2.8 2.8 8 feet which is the

1113
00:44:26,000 --> 00:44:30,319
requirement of the zoning ordinance

1114
00:44:27,200 --> 00:44:32,720
minus 2.8 leads to the 5.2

1115
00:44:30,319 --> 00:44:35,520
side foot setback so

1116
00:44:32,720 --> 00:44:38,000
that concern was addressed previously

1117
00:44:35,520 --> 00:44:40,079
we can address it again but that that

1118
00:44:38,000 --> 00:44:41,520
concern was squarely before the previous

1119
00:44:40,079 --> 00:44:44,480
board certainly you have to address

1120
00:44:41,520 --> 00:44:47,440
those concerns as well uh but it's not

1121
00:44:44,480 --> 00:44:49,760
three feet it's 5.2 feet um

1122
00:44:47,440 --> 00:44:52,560
and certainly not something that was mr

1123
00:44:49,760 --> 00:44:54,160
farbstein's doing but he

1124
00:44:52,560 --> 00:44:56,640
changed what he originally wanted to do

1125
00:44:54,160 --> 00:44:59,200
to to accommodate what somebody did

1126
00:44:56,640 --> 00:45:00,400
previously uh candidly which which

1127
00:44:59,200 --> 00:45:03,680
shouldn't have been done and if it had

1128
00:45:00,400 --> 00:45:05,280
been done now uh the board i'm sure they

1129
00:45:03,680 --> 00:45:06,800
would have been dinged uh because they

1130
00:45:05,280 --> 00:45:08,079
built right on the lot line and

1131
00:45:06,800 --> 00:45:10,800
unfortunately

1132
00:45:08,079 --> 00:45:12,720
that is a

1133
00:45:10,800 --> 00:45:15,200
recurring issue to the point that if you

1134
00:45:12,720 --> 00:45:17,119
look through those findings uh from the

1135
00:45:15,200 --> 00:45:19,920
previous board there was some discussion

1136
00:45:17,119 --> 00:45:21,839
among the board uh i believe mr kubiak

1137
00:45:19,920 --> 00:45:23,280
saying hey we need to go to the planning

1138
00:45:21,839 --> 00:45:25,520
commission and we need to figure out how

1139
00:45:23,280 --> 00:45:27,040
to address this issue moving forward how

1140
00:45:25,520 --> 00:45:28,880
can how can we deal with this so we're

1141
00:45:27,040 --> 00:45:30,880
not doing these

1142
00:45:28,880 --> 00:45:32,480
variances and jumping through these

1143
00:45:30,880 --> 00:45:33,520
hoops to fit

1144
00:45:32,480 --> 00:45:36,079
uh

1145
00:45:33,520 --> 00:45:38,800
these types of structures

1146
00:45:36,079 --> 00:45:41,280
within the zoning ordinance um so that

1147
00:45:38,800 --> 00:45:44,480
again that issue was squarely

1148
00:45:41,280 --> 00:45:46,720
before for the board previously um again

1149
00:45:44,480 --> 00:45:48,560
i don't want to dwell on the issue of

1150
00:45:46,720 --> 00:45:50,720
the height requirement i think to say

1151
00:45:48,560 --> 00:45:51,760
that a single-family residence is not

1152
00:45:50,720 --> 00:45:53,839
within

1153
00:45:51,760 --> 00:45:55,040
harmony in that neighborhood is

1154
00:45:53,839 --> 00:45:57,440
frankly

1155
00:45:55,040 --> 00:45:58,720
absurd it's nothing but single-family

1156
00:45:57,440 --> 00:46:02,079
homes this would be completely in

1157
00:45:58,720 --> 00:46:03,760
keeping with in harmony uh with with the

1158
00:46:02,079 --> 00:46:07,040
nature and the characteristics of of the

1159
00:46:03,760 --> 00:46:09,599
neighborhood along b street there um

1160
00:46:07,040 --> 00:46:12,319
so certainly that uh

1161
00:46:09,599 --> 00:46:14,400
concerns addressed uh miss burrell i

1162
00:46:12,319 --> 00:46:15,680
believe talked about her belief that

1163
00:46:14,400 --> 00:46:17,200
that there could still be sluffing

1164
00:46:15,680 --> 00:46:19,440
issues respectfully there was the

1165
00:46:17,200 --> 00:46:21,200
geotext study which was required

1166
00:46:19,440 --> 00:46:23,359
by the town it was submitted it was

1167
00:46:21,200 --> 00:46:24,960
reviewed by a third party engineer they

1168
00:46:23,359 --> 00:46:26,160
found it to be completely

1169
00:46:24,960 --> 00:46:30,720
acceptable and that there would not be

1170
00:46:26,160 --> 00:46:30,720
an issue uh moving forward with that um

1171
00:46:31,520 --> 00:46:36,480
that was all i i really had to say about

1172
00:46:33,359 --> 00:46:38,880
the the concerns which were uh

1173
00:46:36,480 --> 00:46:41,359
raised i i will go through uh the five

1174
00:46:38,880 --> 00:46:42,960
variance criteria uh the first is that

1175
00:46:41,359 --> 00:46:44,160
the the variance show the granular

1176
00:46:42,960 --> 00:46:45,359
variant shall be in harmony with the

1177
00:46:44,160 --> 00:46:46,720
general purpose and intent of the

1178
00:46:45,359 --> 00:46:47,599
chapter and should not be injurious to

1179
00:46:46,720 --> 00:46:50,319
the neighborhood or otherwise

1180
00:46:47,599 --> 00:46:51,760
detrimental to the public public welfare

1181
00:46:50,319 --> 00:46:53,920
there's no expansion of the existing

1182
00:46:51,760 --> 00:46:55,599
non-conformity if there's any

1183
00:46:53,920 --> 00:46:57,280
certainly it's in keeping i think with

1184
00:46:55,599 --> 00:46:58,480
the general character and nature of the

1185
00:46:57,280 --> 00:47:00,079
neighborhood and the surrounding lots

1186
00:46:58,480 --> 00:47:02,079
and resonance there are

1187
00:47:00,079 --> 00:47:04,960
many it's almost all single-family

1188
00:47:02,079 --> 00:47:08,000
resonances uh back back through there

1189
00:47:04,960 --> 00:47:09,760
and uh well this may be

1190
00:47:08,000 --> 00:47:12,480
taller than what was previous there it's

1191
00:47:09,760 --> 00:47:14,319
certainly in keeping uh with the nature

1192
00:47:12,480 --> 00:47:16,079
uh of single-family residences

1193
00:47:14,319 --> 00:47:17,440
throughout that neighborhood um say

1194
00:47:16,079 --> 00:47:18,880
nothing the fact that this would be the

1195
00:47:17,440 --> 00:47:21,200
completion of a project which

1196
00:47:18,880 --> 00:47:23,680
significantly upgrades the neighborhood

1197
00:47:21,200 --> 00:47:29,359
and the curb appeal as i said what was

1198
00:47:23,680 --> 00:47:31,599
there in 2015 2016 was was a blighted

1199
00:47:29,359 --> 00:47:34,079
structure that nobody

1200
00:47:31,599 --> 00:47:35,440
would have ever entered voluntarily to

1201
00:47:34,079 --> 00:47:37,839
be honest to the point there was a

1202
00:47:35,440 --> 00:47:40,960
zoning violation issued mr farbstein has

1203
00:47:37,839 --> 00:47:43,119
taken uh steps to remedy that to build a

1204
00:47:40,960 --> 00:47:45,200
new structure which which possibly

1205
00:47:43,119 --> 00:47:47,760
impacts uh and is in keeping in harmony

1206
00:47:45,200 --> 00:47:48,880
with with the neighborhood uh criteria

1207
00:47:47,760 --> 00:47:50,400
two that the granting of the variants

1208
00:47:48,880 --> 00:47:52,160
will not permit the existence within a

1209
00:47:50,400 --> 00:47:54,160
district of any use which is not

1210
00:47:52,160 --> 00:47:56,319
permitted in the district as mr kubiak's

1211
00:47:54,160 --> 00:47:57,520
staff report points out uh this

1212
00:47:56,319 --> 00:47:59,440
residence is

1213
00:47:57,520 --> 00:48:02,000
certainly permitted uh within the

1214
00:47:59,440 --> 00:48:03,520
residential medium uh districts i would

1215
00:48:02,000 --> 00:48:04,319
also note that the

1216
00:48:03,520 --> 00:48:06,160
the

1217
00:48:04,319 --> 00:48:08,319
the residential medium density district

1218
00:48:06,160 --> 00:48:10,480
is meant to quote promote a pleasant and

1219
00:48:08,319 --> 00:48:12,400
safe residential neighborhood to allow

1220
00:48:10,480 --> 00:48:15,040
houses on small lots with public water

1221
00:48:12,400 --> 00:48:16,800
and sewer to help ensure that new

1222
00:48:15,040 --> 00:48:18,960
infield development and redevelopment is

1223
00:48:16,800 --> 00:48:21,040
compatible and harmonious with existing

1224
00:48:18,960 --> 00:48:22,400
residential activities and to integrate

1225
00:48:21,040 --> 00:48:23,599
new development with the character and

1226
00:48:22,400 --> 00:48:25,280
function of town through the use of

1227
00:48:23,599 --> 00:48:27,040
natural features to provide pedestrian

1228
00:48:25,280 --> 00:48:28,640
and visual linkage

1229
00:48:27,040 --> 00:48:30,160
that's that's what we have here this is

1230
00:48:28,640 --> 00:48:32,240
completely

1231
00:48:30,160 --> 00:48:35,040
in keeping with the purposes of the

1232
00:48:32,240 --> 00:48:36,480
residential medium district

1233
00:48:35,040 --> 00:48:38,079
criteria three that there are special

1234
00:48:36,480 --> 00:48:39,440
circumstances or conditions fully

1235
00:48:38,079 --> 00:48:40,640
described in the findings applying to

1236
00:48:39,440 --> 00:48:42,640
the land or buildings for which the

1237
00:48:40,640 --> 00:48:44,640
variance is sought which circumstances

1238
00:48:42,640 --> 00:48:47,200
or conditions are peculiar such lands or

1239
00:48:44,640 --> 00:48:48,160
buildings are not applied generally to

1240
00:48:47,200 --> 00:48:49,920
land lander buildings in the

1241
00:48:48,160 --> 00:48:51,200
neighborhood and that said circumstances

1242
00:48:49,920 --> 00:48:52,720
or conditions are such that strict

1243
00:48:51,200 --> 00:48:54,960
interpretation of the provisions of this

1244
00:48:52,720 --> 00:48:57,200
chapter would deprive the applicant of

1245
00:48:54,960 --> 00:48:59,599
the reasonable use of such land in

1246
00:48:57,200 --> 00:48:59,599
building

1247
00:49:00,960 --> 00:49:05,599
with a previous board found and what i

1248
00:49:03,359 --> 00:49:07,440
would again urge and argue are the

1249
00:49:05,599 --> 00:49:08,319
unique circumstances here

1250
00:49:07,440 --> 00:49:09,839
is that

1251
00:49:08,319 --> 00:49:11,680
the lot size

1252
00:49:09,839 --> 00:49:13,599
was not in it of itself unique but that

1253
00:49:11,680 --> 00:49:15,280
there were extreme slopes in the rear of

1254
00:49:13,599 --> 00:49:17,440
the yard and the retaining wall on the

1255
00:49:15,280 --> 00:49:19,280
front that prevented mr farbstein from

1256
00:49:17,440 --> 00:49:21,200
moving the new dwelling east or west

1257
00:49:19,280 --> 00:49:23,520
that is not

1258
00:49:21,200 --> 00:49:25,200
shared by lots in the other neighborhood

1259
00:49:23,520 --> 00:49:26,720
strict interpretation

1260
00:49:25,200 --> 00:49:28,480
of the zoding ordinance and application

1261
00:49:26,720 --> 00:49:30,400
here would result in a 16 foot wide

1262
00:49:28,480 --> 00:49:31,760
dwelling which would be smaller than the

1263
00:49:30,400 --> 00:49:34,960
previous dwelling it would not be

1264
00:49:31,760 --> 00:49:37,119
feasible for mr farbstein's reasonable

1265
00:49:34,960 --> 00:49:39,200
use of the property

1266
00:49:37,119 --> 00:49:40,079
i would also note that

1267
00:49:39,200 --> 00:49:42,880
the

1268
00:49:40,079 --> 00:49:44,319
that strike that

1269
00:49:42,880 --> 00:49:46,559
for that there exists unnecessary

1270
00:49:44,319 --> 00:49:48,160
hardship if the hardship is general that

1271
00:49:46,559 --> 00:49:49,359
is shared generally by land or buildings

1272
00:49:48,160 --> 00:49:51,040
in the neighborhood relief shall be

1273
00:49:49,359 --> 00:49:53,680
obtained

1274
00:49:51,040 --> 00:49:54,960
relief shall properly excuse me relief

1275
00:49:53,680 --> 00:49:56,480
shall be properly obtained only by

1276
00:49:54,960 --> 00:49:57,680
legislative action or by court review of

1277
00:49:56,480 --> 00:50:00,079
an attack on the validity of the

1278
00:49:57,680 --> 00:50:01,760
ordinance uh here i think would produce

1279
00:50:00,079 --> 00:50:03,839
an unnecessary hardship to not allow

1280
00:50:01,760 --> 00:50:05,440
redevelopment of this property which as

1281
00:50:03,839 --> 00:50:08,240
we discussed is peculiar due to the

1282
00:50:05,440 --> 00:50:10,000
steep slopes uh and the fact that a

1283
00:50:08,240 --> 00:50:11,440
strict interpretation would result in a

1284
00:50:10,000 --> 00:50:13,839
16 foot wide dwelling that would be an

1285
00:50:11,440 --> 00:50:15,680
unnecessary hardship uh

1286
00:50:13,839 --> 00:50:17,040
in that

1287
00:50:15,680 --> 00:50:18,720
criteria five the granting of the

1288
00:50:17,040 --> 00:50:20,000
variance is necessary for the reasonable

1289
00:50:18,720 --> 00:50:22,079
use of the lander building that the

1290
00:50:20,000 --> 00:50:23,520
variance is granted by the board is the

1291
00:50:22,079 --> 00:50:24,839
minimum variance that will accomplish

1292
00:50:23,520 --> 00:50:27,440
that

1293
00:50:24,839 --> 00:50:29,359
purpose again this is a

1294
00:50:27,440 --> 00:50:31,599
narrow lot with a small dilapidated

1295
00:50:29,359 --> 00:50:33,280
building that has uh mr farbstein has

1296
00:50:31,599 --> 00:50:34,720
been attempting

1297
00:50:33,280 --> 00:50:37,680
to

1298
00:50:34,720 --> 00:50:39,760
upgrade and make make look better uh

1299
00:50:37,680 --> 00:50:42,000
we're seeking

1300
00:50:39,760 --> 00:50:43,760
the minimum variance required mr

1301
00:50:42,000 --> 00:50:45,119
farmstead previously amended he's not

1302
00:50:43,760 --> 00:50:46,880
coming back he could have come back and

1303
00:50:45,119 --> 00:50:48,160
said we want we want

1304
00:50:46,880 --> 00:50:49,200
something new this is a new board let me

1305
00:50:48,160 --> 00:50:50,000
take my shot he's not saying they're

1306
00:50:49,200 --> 00:50:51,680
saying

1307
00:50:50,000 --> 00:50:53,760
i want what i was granted previously

1308
00:50:51,680 --> 00:50:55,839
which previous board found to be the

1309
00:50:53,760 --> 00:50:57,440
minimum variance necessary to require to

1310
00:50:55,839 --> 00:50:59,839
accomplish that purpose that's all we're

1311
00:50:57,440 --> 00:51:02,000
asking for again i'm happy to answer any

1312
00:50:59,839 --> 00:51:05,240
questions

1313
00:51:02,000 --> 00:51:05,240
thank you

1314
00:51:10,559 --> 00:51:14,000
there was some mention of uh

1315
00:51:12,720 --> 00:51:16,319
construction within the 100 foot

1316
00:51:14,000 --> 00:51:17,680
critical area setback again we're not

1317
00:51:16,319 --> 00:51:19,040
seeking a variance i i don't think

1318
00:51:17,680 --> 00:51:20,319
that's an issue here no construction

1319
00:51:19,040 --> 00:51:22,319
within 100 foot

1320
00:51:20,319 --> 00:51:24,800
critical area setback is is professional

1321
00:51:22,319 --> 00:51:24,800
so thank you

1322
00:51:31,440 --> 00:51:34,400
thank you everybody um

1323
00:51:33,359 --> 00:51:37,119
i would

1324
00:51:34,400 --> 00:51:38,319
like to start by asking uh mr jacubi i

1325
00:51:37,119 --> 00:51:40,000
could talk a little bit about the

1326
00:51:38,319 --> 00:51:42,240
dependencies

1327
00:51:40,000 --> 00:51:44,400
and kind of the order of operations here

1328
00:51:42,240 --> 00:51:46,160
in terms of the variances where

1329
00:51:44,400 --> 00:51:47,920
we've had a fair amount of talk about a

1330
00:51:46,160 --> 00:51:49,440
couple different things um

1331
00:51:47,920 --> 00:51:50,960
mostly the side lot yard which is what

1332
00:51:49,440 --> 00:51:53,040
we're here today for

1333
00:51:50,960 --> 00:51:55,040
um which seems to also have some

1334
00:51:53,040 --> 00:51:57,839
dependence on the house and the height

1335
00:51:55,040 --> 00:52:00,400
um and then also the size and how far it

1336
00:51:57,839 --> 00:52:03,359
is set back from the water that 100 foot

1337
00:52:00,400 --> 00:52:06,000
100 foot threshold which it sounds like

1338
00:52:03,359 --> 00:52:08,079
uh we'll all be enforced anyway how

1339
00:52:06,000 --> 00:52:10,240
can you give us a kind of step by step

1340
00:52:08,079 --> 00:52:13,680
as to how those three things

1341
00:52:10,240 --> 00:52:15,440
uh interplay do does the board

1342
00:52:13,680 --> 00:52:16,319
should the board concern itself with any

1343
00:52:15,440 --> 00:52:17,920
of the

1344
00:52:16,319 --> 00:52:19,520
height requirements at this stage or is

1345
00:52:17,920 --> 00:52:22,559
this something that is

1346
00:52:19,520 --> 00:52:24,880
going to be addressed later

1347
00:52:22,559 --> 00:52:27,760
it is true that the applicant is not

1348
00:52:24,880 --> 00:52:29,040
seeking a variance to the height

1349
00:52:27,760 --> 00:52:31,599
standards

1350
00:52:29,040 --> 00:52:34,240
the variance is focused purely on the

1351
00:52:31,599 --> 00:52:37,440
side yard setbacks

1352
00:52:34,240 --> 00:52:37,440
but it's also true that

1353
00:52:37,599 --> 00:52:41,359
having a taller building that's closer

1354
00:52:40,160 --> 00:52:43,200
than

1355
00:52:41,359 --> 00:52:45,040
what is generally allowed

1356
00:52:43,200 --> 00:52:47,920
is material

1357
00:52:45,040 --> 00:52:50,160
to your consideration right so

1358
00:52:47,920 --> 00:52:52,640
it seems to me that the building height

1359
00:52:50,160 --> 00:52:54,960
works its way into your deliberations

1360
00:52:52,640 --> 00:52:56,880
by the fact that

1361
00:52:54,960 --> 00:52:59,280
it's related to the

1362
00:52:56,880 --> 00:53:00,480
this is a physical connection that's

1363
00:52:59,280 --> 00:53:01,359
closer

1364
00:53:00,480 --> 00:53:02,720
okay

1365
00:53:01,359 --> 00:53:05,680
um

1366
00:53:02,720 --> 00:53:07,599
but the code does say

1367
00:53:05,680 --> 00:53:09,920
you can go up to three to three point

1368
00:53:07,599 --> 00:53:12,160
two feet it doesn't say

1369
00:53:09,920 --> 00:53:14,720
the board has to do that uh but the

1370
00:53:12,160 --> 00:53:17,119
board the code does sort of as a matter

1371
00:53:14,720 --> 00:53:19,680
of ordinance allow that

1372
00:53:17,119 --> 00:53:22,079
amount of incursion into the yards or

1373
00:53:19,680 --> 00:53:24,400
encroachment into the yards and the

1374
00:53:22,079 --> 00:53:26,960
applicant is staying out of that

1375
00:53:24,400 --> 00:53:28,800
kind of red zone uh if you will

1376
00:53:26,960 --> 00:53:30,559
um so anyway the whole building height i

1377
00:53:28,800 --> 00:53:32,720
think enters into deliberations by the

1378
00:53:30,559 --> 00:53:35,040
virtue of the fact that the it's the

1379
00:53:32,720 --> 00:53:37,280
building is closer to the side law side

1380
00:53:35,040 --> 00:53:39,280
lot line then generally would be the

1381
00:53:37,280 --> 00:53:40,319
case in the zoning district so it's

1382
00:53:39,280 --> 00:53:42,079
relevant

1383
00:53:40,319 --> 00:53:45,040
to your consideration does the taller

1384
00:53:42,079 --> 00:53:46,880
structure impose a burden to

1385
00:53:45,040 --> 00:53:49,119
neighboring properties right i think

1386
00:53:46,880 --> 00:53:51,359
it's a reasonable consideration

1387
00:53:49,119 --> 00:53:51,359
um

1388
00:53:51,760 --> 00:53:54,880
in terms of order

1389
00:53:55,440 --> 00:53:59,440
should you approve the variance or the

1390
00:53:57,599 --> 00:54:02,160
variances

1391
00:53:59,440 --> 00:54:05,119
the applicant would submit a

1392
00:54:02,160 --> 00:54:05,119
new site plan

1393
00:54:05,680 --> 00:54:08,960
and

1394
00:54:06,880 --> 00:54:10,880
imagine it would look a lot like

1395
00:54:08,960 --> 00:54:12,960
the same site plan was submitted it's

1396
00:54:10,880 --> 00:54:15,359
actually a competent site plan done by

1397
00:54:12,960 --> 00:54:17,119
an engineer

1398
00:54:15,359 --> 00:54:18,960
it would be reviewed by my office and

1399
00:54:17,119 --> 00:54:21,760
the town engineer

1400
00:54:18,960 --> 00:54:24,319
and we would process that site plan it

1401
00:54:21,760 --> 00:54:27,440
would also be reviewed by calvert county

1402
00:54:24,319 --> 00:54:29,280
for sediment and reversion control and

1403
00:54:27,440 --> 00:54:31,040
stormwater management

1404
00:54:29,280 --> 00:54:32,880
and if everything checks out the

1405
00:54:31,040 --> 00:54:35,520
standards are all met

1406
00:54:32,880 --> 00:54:37,119
a zoning permit would be issued

1407
00:54:35,520 --> 00:54:38,880
and then

1408
00:54:37,119 --> 00:54:41,359
the applicant can file for building

1409
00:54:38,880 --> 00:54:42,559
permit with calvert county inspections

1410
00:54:41,359 --> 00:54:44,480
and permits

1411
00:54:42,559 --> 00:54:46,079
and then they'd look at the construction

1412
00:54:44,480 --> 00:54:46,799
of the building make sure it was safe

1413
00:54:46,079 --> 00:54:48,000
and

1414
00:54:46,799 --> 00:54:48,799
um

1415
00:54:48,000 --> 00:54:50,319
so

1416
00:54:48,799 --> 00:54:53,680
that's kind of the

1417
00:54:50,319 --> 00:54:56,480
the ordering of approvals

1418
00:54:53,680 --> 00:54:56,480
sure thank you

1419
00:54:58,160 --> 00:55:03,920
at this point i think we are uh open for

1420
00:55:01,280 --> 00:55:05,280
uh questions to any of the um

1421
00:55:03,920 --> 00:55:07,680
anyone who's spoken here today if the

1422
00:55:05,280 --> 00:55:09,040
board has a question to ask before we

1423
00:55:07,680 --> 00:55:12,079
move into

1424
00:55:09,040 --> 00:55:12,079
uh deliberations

1425
00:55:12,880 --> 00:55:16,960
i i do have one question the

1426
00:55:15,839 --> 00:55:18,640
height

1427
00:55:16,960 --> 00:55:21,599
of the house and the original

1428
00:55:18,640 --> 00:55:23,520
application was it the same

1429
00:55:21,599 --> 00:55:25,119
yes the application that you see here

1430
00:55:23,520 --> 00:55:27,040
today was also

1431
00:55:25,119 --> 00:55:29,040
roughly 32 feet

1432
00:55:27,040 --> 00:55:30,960
the schematics that were submitted in

1433
00:55:29,040 --> 00:55:32,720
this application were also part of the

1434
00:55:30,960 --> 00:55:35,599
original application

1435
00:55:32,720 --> 00:55:38,799
in 2016 it was 32 feet

1436
00:55:35,599 --> 00:55:38,799
that's right that's right

1437
00:55:42,480 --> 00:55:48,079
yes sir to clarify you said in 2016

1438
00:55:46,160 --> 00:55:49,680
the board it was approved for the

1439
00:55:48,079 --> 00:55:50,880
variance correct

1440
00:55:49,680 --> 00:55:53,040
yes

1441
00:55:50,880 --> 00:55:54,799
what is the reason why

1442
00:55:53,040 --> 00:55:55,920
the construction didn't follow through

1443
00:55:54,799 --> 00:55:56,799
and

1444
00:55:55,920 --> 00:55:57,520
yeah

1445
00:55:56,799 --> 00:55:59,599
i

1446
00:55:57,520 --> 00:56:00,960
i can't answer that question but maybe

1447
00:55:59,599 --> 00:56:02,559
the applicant can

1448
00:56:00,960 --> 00:56:04,000
you know

1449
00:56:02,559 --> 00:56:06,079
we'd be happy to

1450
00:56:04,000 --> 00:56:08,079
have mr farbstein come and testify that

1451
00:56:06,079 --> 00:56:11,119
was what i alluded to

1452
00:56:08,079 --> 00:56:13,119
previously was he he did move forward

1453
00:56:11,119 --> 00:56:14,400
with having the existing structure

1454
00:56:13,119 --> 00:56:16,000
demolished

1455
00:56:14,400 --> 00:56:19,280
uh and the retaining wall put up that

1456
00:56:16,000 --> 00:56:20,880
occurred in april of 2018 in may of 2018

1457
00:56:19,280 --> 00:56:23,040
was when the sluffing event occurred

1458
00:56:20,880 --> 00:56:25,599
which put the stock the stop work order

1459
00:56:23,040 --> 00:56:27,200
was issued by the by the town he got the

1460
00:56:25,599 --> 00:56:28,160
geotech study

1461
00:56:27,200 --> 00:56:29,520
uh

1462
00:56:28,160 --> 00:56:31,760
accomplished and was allowed to move

1463
00:56:29,520 --> 00:56:33,599
forward back in the fall of 2019 and

1464
00:56:31,760 --> 00:56:35,599
then cove would happen shortly there

1465
00:56:33,599 --> 00:56:37,520
after the builder retired he can give

1466
00:56:35,599 --> 00:56:39,440
you the specifics but that's

1467
00:56:37,520 --> 00:56:41,040
generally why things did not move

1468
00:56:39,440 --> 00:56:43,280
forward just the

1469
00:56:41,040 --> 00:56:44,640
unfortunate confluence of

1470
00:56:43,280 --> 00:56:47,119
circumstances

1471
00:56:44,640 --> 00:56:47,119
secondly

1472
00:56:50,559 --> 00:56:55,040
i'll just have one

1473
00:56:52,559 --> 00:56:57,359
just to clarify what's the feat that you

1474
00:56:55,040 --> 00:57:00,559
said there was a change in what we see

1475
00:56:57,359 --> 00:57:02,640
on the agenda is that right

1476
00:57:00,559 --> 00:57:04,480
that that's correct i believe it was

1477
00:57:02,640 --> 00:57:05,839
submitted was what the original

1478
00:57:04,480 --> 00:57:08,799
application

1479
00:57:05,839 --> 00:57:09,760
that was submitted back in 2016

1480
00:57:08,799 --> 00:57:12,720
um

1481
00:57:09,760 --> 00:57:15,680
that is not what we're currently seeking

1482
00:57:12,720 --> 00:57:17,599
we're seeking what was approved in 2016

1483
00:57:15,680 --> 00:57:18,240
which is on the north side of variance

1484
00:57:17,599 --> 00:57:20,400
of

1485
00:57:18,240 --> 00:57:21,520
2.8 feet from the required

1486
00:57:20,400 --> 00:57:23,359
eight feet

1487
00:57:21,520 --> 00:57:25,839
of setback so the setback will actually

1488
00:57:23,359 --> 00:57:27,119
be 5.2 feet on the southern side we're

1489
00:57:25,839 --> 00:57:28,960
seeking

1490
00:57:27,119 --> 00:57:31,280
a variance of four point eight feet from

1491
00:57:28,960 --> 00:57:32,720
the required eight feet so the si the

1492
00:57:31,280 --> 00:57:36,599
side setback on the south side will be

1493
00:57:32,720 --> 00:57:36,599
3.4 feet

1494
00:57:40,480 --> 00:57:43,760
and i think it's worthwhile noting that

1495
00:57:42,880 --> 00:57:45,119
the

1496
00:57:43,760 --> 00:57:47,839
footprint

1497
00:57:45,119 --> 00:57:49,760
of the proposed structure

1498
00:57:47,839 --> 00:57:50,720
will at least in the side yards will

1499
00:57:49,760 --> 00:57:53,359
match

1500
00:57:50,720 --> 00:57:56,079
the one that was removed

1501
00:57:53,359 --> 00:57:59,040
and so the building will get no closer

1502
00:57:56,079 --> 00:58:01,440
to the side yard lines than it

1503
00:57:59,040 --> 00:58:03,040
previously previously was

1504
00:58:01,440 --> 00:58:04,799
when they first they applied for

1505
00:58:03,040 --> 00:58:07,119
variance to build a wider house and the

1506
00:58:04,799 --> 00:58:08,559
board of appeals stepped them back and

1507
00:58:07,119 --> 00:58:09,920
it was a collaborative effort i mean

1508
00:58:08,559 --> 00:58:12,720
they ultimately say okay yeah we'll

1509
00:58:09,920 --> 00:58:14,640
accept that so they built a house as

1510
00:58:12,720 --> 00:58:16,079
wide as the current or the house that

1511
00:58:14,640 --> 00:58:17,760
used to be there

1512
00:58:16,079 --> 00:58:20,319
with one exception

1513
00:58:17,760 --> 00:58:22,880
along the south side uh

1514
00:58:20,319 --> 00:58:24,319
the previous house the smaller house

1515
00:58:22,880 --> 00:58:25,839
actually the

1516
00:58:24,319 --> 00:58:26,960
the buildings

1517
00:58:25,839 --> 00:58:29,280
ran

1518
00:58:26,960 --> 00:58:31,599
perpendicular you know towards the bay

1519
00:58:29,280 --> 00:58:33,520
and then it jogged in

1520
00:58:31,599 --> 00:58:34,400
and then it continued back towards the

1521
00:58:33,520 --> 00:58:36,559
lot

1522
00:58:34,400 --> 00:58:38,559
the current proposal would carry that

1523
00:58:36,559 --> 00:58:39,599
same foundation wall all the way to the

1524
00:58:38,559 --> 00:58:41,359
back

1525
00:58:39,599 --> 00:58:43,680
of the back of the house

1526
00:58:41,359 --> 00:58:46,000
so there's more area that's covered by

1527
00:58:43,680 --> 00:58:48,240
the house and the house would actually

1528
00:58:46,000 --> 00:58:50,960
be built closer to the

1529
00:58:48,240 --> 00:58:53,520
front to to b street than

1530
00:58:50,960 --> 00:58:56,160
the old house that existed

1531
00:58:53,520 --> 00:58:58,480
otherwise with respect to the side yards

1532
00:58:56,160 --> 00:59:01,640
they're maintaining those side yards

1533
00:58:58,480 --> 00:59:01,640
thank you

1534
00:59:05,440 --> 00:59:09,599
uh okay um

1535
00:59:07,760 --> 00:59:10,720
if there are no more questions or

1536
00:59:09,599 --> 00:59:13,359
comments

1537
00:59:10,720 --> 00:59:14,559
uh we will um close the public hearing

1538
00:59:13,359 --> 00:59:19,160
i'd like to

1539
00:59:14,559 --> 00:59:19,160
uh make a motion am i missing anything

1540
00:59:20,880 --> 00:59:25,599
oh right okay um i guess the before we

1541
00:59:23,440 --> 00:59:26,720
move into closing deliberations um there

1542
00:59:25,599 --> 00:59:28,319
is a question

1543
00:59:26,720 --> 00:59:32,160
of whether or not the board wants to do

1544
00:59:28,319 --> 00:59:32,160
a site visit uh to this particular

1545
00:59:32,240 --> 00:59:36,319
um it sounds like the gist of it is that

1546
00:59:34,640 --> 00:59:38,480
our site visit would be considered part

1547
00:59:36,319 --> 00:59:40,880
of this uh meeting here and that it

1548
00:59:38,480 --> 00:59:42,799
would be uh part of the public record um

1549
00:59:40,880 --> 00:59:44,799
at which case we go we look we come back

1550
00:59:42,799 --> 00:59:47,280
we deliver it here and then we close

1551
00:59:44,799 --> 00:59:49,040
down

1552
00:59:47,280 --> 00:59:51,040
um

1553
00:59:49,040 --> 00:59:52,319
i will leave it uh well i guess i'll

1554
00:59:51,040 --> 00:59:54,000
pass it off to the rest of the board as

1555
00:59:52,319 --> 00:59:55,599
to whether or not they think they have

1556
00:59:54,000 --> 00:59:58,720
enough information

1557
00:59:55,599 --> 01:00:00,799
uh with the reports and uh

1558
00:59:58,720 --> 01:00:02,480
photographs that have been provided

1559
01:00:00,799 --> 01:00:05,359
to understand

1560
01:00:02,480 --> 01:00:06,640
this particular case or whether a site

1561
01:00:05,359 --> 01:00:08,720
visit to

1562
01:00:06,640 --> 01:00:10,720
the lot

1563
01:00:08,720 --> 01:00:13,720
and our role as the appeals board is

1564
01:00:10,720 --> 01:00:13,720
warranted

1565
01:00:14,640 --> 01:00:18,720
i i don't feel that i need a site visit

1566
01:00:19,200 --> 01:00:22,960
okay thank you

1567
01:00:20,559 --> 01:00:24,240
um in that case i'll make a motion to uh

1568
01:00:22,960 --> 01:00:27,359
close the public hearing and begin

1569
01:00:24,240 --> 01:00:29,520
deliberations do i have a second

1570
01:00:27,359 --> 01:00:32,240
i'll second that thank you

1571
01:00:29,520 --> 01:00:34,799
um the public hearing is closed um at

1572
01:00:32,240 --> 01:00:36,319
this point the board will deliberate and

1573
01:00:34,799 --> 01:00:37,760
uh

1574
01:00:36,319 --> 01:00:39,920
i guess as a

1575
01:00:37,760 --> 01:00:42,240
matter of um

1576
01:00:39,920 --> 01:00:44,079
just getting started uh the standards we

1577
01:00:42,240 --> 01:00:46,480
seek to hold here are

1578
01:00:44,079 --> 01:00:50,079
as i've been mentioned fivefold um is

1579
01:00:46,480 --> 01:00:51,119
the request harmonious and not injurious

1580
01:00:50,079 --> 01:00:52,240
um

1581
01:00:51,119 --> 01:00:54,240
is that's

1582
01:00:52,240 --> 01:00:56,480
criteria one uh number two is it

1583
01:00:54,240 --> 01:00:58,079
permitted within the zoning district uh

1584
01:00:56,480 --> 01:01:00,799
three are there any special

1585
01:00:58,079 --> 01:01:01,520
circumstances uh a reasonable use that

1586
01:01:00,799 --> 01:01:03,839
that

1587
01:01:01,520 --> 01:01:05,520
make this um this is a reasonable use of

1588
01:01:03,839 --> 01:01:07,200
the uh

1589
01:01:05,520 --> 01:01:09,760
site and the plan

1590
01:01:07,200 --> 01:01:11,440
um is there any unnecessary hardship

1591
01:01:09,760 --> 01:01:14,880
that exists to this

1592
01:01:11,440 --> 01:01:17,359
specific plan as proposed the board and

1593
01:01:14,880 --> 01:01:19,119
is this also the minimum

1594
01:01:17,359 --> 01:01:22,160
necessary change the variance required

1595
01:01:19,119 --> 01:01:22,160
in order to fulfill

1596
01:01:23,280 --> 01:01:29,799
uh so i will pause there and we can uh

1597
01:01:25,760 --> 01:01:29,799
open up discussion however

1598
01:01:38,559 --> 01:01:42,640
i guess uh i'll i'll happily start us

1599
01:01:41,119 --> 01:01:44,319
off and i'll let you guys shoot me down

1600
01:01:42,640 --> 01:01:45,760
if uh

1601
01:01:44,319 --> 01:01:48,160
wrong um

1602
01:01:45,760 --> 01:01:50,079
i hear and thank uh the audience who

1603
01:01:48,160 --> 01:01:51,520
attended for all of their thoughts um

1604
01:01:50,079 --> 01:01:53,200
your concerns are

1605
01:01:51,520 --> 01:01:55,039
aren't hidden i would be

1606
01:01:53,200 --> 01:01:57,359
concerned as well if this were my

1607
01:01:55,039 --> 01:01:59,039
property whether or not uh i was the

1608
01:01:57,359 --> 01:02:00,400
owner or the neighbor

1609
01:01:59,039 --> 01:02:02,640
um

1610
01:02:00,400 --> 01:02:05,200
reading through the history of this

1611
01:02:02,640 --> 01:02:05,200
particular

1612
01:02:05,440 --> 01:02:10,480
uh cases it seems interesting because a

1613
01:02:08,160 --> 01:02:12,559
lot of stuff happened predated us

1614
01:02:10,480 --> 01:02:15,520
and uh i think in a lot of ways we want

1615
01:02:12,559 --> 01:02:15,520
to make a decision where

1616
01:02:16,720 --> 01:02:20,160
we're kind of jumping in halfway and and

1617
01:02:18,799 --> 01:02:22,319
trying to understand the whole picture

1618
01:02:20,160 --> 01:02:22,319
where

1619
01:02:22,880 --> 01:02:27,280
sounds like there was a lot of work that

1620
01:02:24,799 --> 01:02:28,960
needed to be done

1621
01:02:27,280 --> 01:02:30,799
goals of this board i think not to

1622
01:02:28,960 --> 01:02:32,720
deprive the use of that property but to

1623
01:02:30,799 --> 01:02:34,160
make it

1624
01:02:32,720 --> 01:02:37,200
reasonable while also taking the

1625
01:02:34,160 --> 01:02:37,200
concerns of the neighbors

1626
01:02:37,280 --> 01:02:42,240
the engineers

1627
01:02:39,680 --> 01:02:44,319
i find that the hardest bar to jump

1628
01:02:42,240 --> 01:02:46,559
would be to

1629
01:02:44,319 --> 01:02:48,000
make a stricter constraint on the side

1630
01:02:46,559 --> 01:02:50,480
yards than the one that was already

1631
01:02:48,000 --> 01:02:52,400
approved by the previous board i'm not

1632
01:02:50,480 --> 01:02:53,760
saying i won't take arguments for it but

1633
01:02:52,400 --> 01:02:56,640
that seems to be

1634
01:02:53,760 --> 01:02:56,640
the hardest leap

1635
01:02:57,119 --> 01:03:02,880
previous board had reasons

1636
01:02:58,880 --> 01:03:06,720
and a similar plan as was provided

1637
01:03:02,880 --> 01:03:06,720
i think the question is whether or not

1638
01:03:07,359 --> 01:03:10,640
than that

1639
01:03:09,440 --> 01:03:12,880
and of course there's a whole bunch

1640
01:03:10,640 --> 01:03:16,760
about the

1641
01:03:12,880 --> 01:03:16,760
we don't need to get into first

1642
01:03:19,359 --> 01:03:22,480
i i would agree with that

1643
01:03:21,440 --> 01:03:24,960
um

1644
01:03:22,480 --> 01:03:27,280
the the conditions

1645
01:03:24,960 --> 01:03:30,400
from what i can tell

1646
01:03:27,280 --> 01:03:32,400
are essentially the same as the 2016

1647
01:03:30,400 --> 01:03:36,319
application

1648
01:03:32,400 --> 01:03:36,319
and that application was approved

1649
01:03:36,880 --> 01:03:40,160
so

1650
01:03:37,839 --> 01:03:42,960
applying different

1651
01:03:40,160 --> 01:03:46,640
criteria now

1652
01:03:42,960 --> 01:03:46,640
uh would not be appropriate

1653
01:03:48,559 --> 01:03:53,039
as uh the chairman said or as the

1654
01:03:51,280 --> 01:03:55,359
chairman phrased it

1655
01:03:53,039 --> 01:03:55,359
um

1656
01:03:56,559 --> 01:04:02,240
different criteria or stricter criteria

1657
01:04:00,319 --> 01:04:04,480
i don't think would be uh

1658
01:04:02,240 --> 01:04:07,359
the the right way

1659
01:04:04,480 --> 01:04:07,359
to approach this

1660
01:04:08,960 --> 01:04:12,880
i do agree with that also if this was

1661
01:04:11,440 --> 01:04:16,200
approved

1662
01:04:12,880 --> 01:04:16,200
in 2016

1663
01:04:19,200 --> 01:04:25,359
more restrictions to it

1664
01:04:22,160 --> 01:04:25,359
doesn't leave a whole lot of

1665
01:04:25,599 --> 01:04:29,839
room on the sides so

1666
01:04:34,400 --> 01:04:39,680
i do understand the

1667
01:04:37,440 --> 01:04:41,359
access

1668
01:04:39,680 --> 01:04:44,559
from the mercy

1669
01:04:41,359 --> 01:04:44,559
services fire department

1670
01:04:44,640 --> 01:04:47,200
be concerned

1671
01:04:50,160 --> 01:04:53,799
i agree with the um

1672
01:04:54,400 --> 01:04:58,079
for the fire you know apparatus to get

1673
01:04:56,559 --> 01:05:00,480
there that's um

1674
01:04:58,079 --> 01:05:02,240
that's difficult and um

1675
01:05:00,480 --> 01:05:03,760
before the neighbor's house goes up in

1676
01:05:02,240 --> 01:05:04,880
flames it's gonna be a massive fire and

1677
01:05:03,760 --> 01:05:06,079
could be

1678
01:05:04,880 --> 01:05:06,960
casualties

1679
01:05:06,079 --> 01:05:10,240
um

1680
01:05:06,960 --> 01:05:13,119
i understand that the previous board

1681
01:05:10,240 --> 01:05:14,720
did go forward with it however

1682
01:05:13,119 --> 01:05:17,720
this report

1683
01:05:14,720 --> 01:05:17,720
obviously

1684
01:05:24,720 --> 01:05:30,799
we have thoughts at all on how

1685
01:05:27,119 --> 01:05:33,359
the side lot line side lock

1686
01:05:30,799 --> 01:05:34,559
distance affects the height

1687
01:05:33,359 --> 01:05:36,240
actually

1688
01:05:34,559 --> 01:05:37,680
we don't want to impose any additional

1689
01:05:36,240 --> 01:05:38,559
restrictions

1690
01:05:37,680 --> 01:05:40,640
or

1691
01:05:38,559 --> 01:05:42,559
statements uh

1692
01:05:40,640 --> 01:05:44,480
about the the building height

1693
01:05:42,559 --> 01:05:47,680
in relation to the

1694
01:05:44,480 --> 01:05:47,680
the variance that's been requested

1695
01:05:47,920 --> 01:05:52,480
no i have no uh additional comment on

1696
01:05:50,319 --> 01:05:52,480
that

1697
01:05:53,119 --> 01:05:57,920
really the

1698
01:05:55,440 --> 01:05:57,920
size

1699
01:05:59,440 --> 01:06:04,359
of the requirements on the side

1700
01:06:09,359 --> 01:06:13,039
or is there any is there anything you

1701
01:06:10,640 --> 01:06:13,039
guys know

1702
01:06:13,920 --> 01:06:20,319
be ready to take a uh down boat

1703
01:06:16,839 --> 01:06:22,480
on camera i was saying that i think the

1704
01:06:20,319 --> 01:06:23,760
way the board ought to proceed

1705
01:06:22,480 --> 01:06:25,039
is that

1706
01:06:23,760 --> 01:06:28,079
uh

1707
01:06:25,039 --> 01:06:30,960
when you come time to make a motion the

1708
01:06:28,079 --> 01:06:33,280
motion be made either to approve or

1709
01:06:30,960 --> 01:06:35,599
reject

1710
01:06:33,280 --> 01:06:38,079
or to to direct the

1711
01:06:35,599 --> 01:06:41,359
counsel to the board to

1712
01:06:38,079 --> 01:06:43,839
prepare a resolution either approving or

1713
01:06:41,359 --> 01:06:46,480
denying the application in which case if

1714
01:06:43,839 --> 01:06:48,960
that motion passes then i will prepare a

1715
01:06:46,480 --> 01:06:50,160
draft resolution and circulate it to the

1716
01:06:48,960 --> 01:06:53,039
board members

1717
01:06:50,160 --> 01:06:55,280
for comments and questions and if it's

1718
01:06:53,039 --> 01:06:56,799
acceptable to the board members then you

1719
01:06:55,280 --> 01:06:59,680
all can

1720
01:06:56,799 --> 01:07:04,480
reconvene for a couple minutes to

1721
01:06:59,680 --> 01:07:04,480
approve the resolution in open session

1722
01:07:10,960 --> 01:07:15,680
all right in that case i think following

1723
01:07:12,799 --> 01:07:16,799
mr sussman's advice um i'll initiate a

1724
01:07:15,680 --> 01:07:19,520
motion to

1725
01:07:16,799 --> 01:07:22,960
uh draft a resolution uh to approve the

1726
01:07:19,520 --> 01:07:24,559
requested variances here today

1727
01:07:22,960 --> 01:07:27,359
but i guess we can

1728
01:07:24,559 --> 01:07:28,960
uh go around and

1729
01:07:27,359 --> 01:07:30,799
are doing it

1730
01:07:28,960 --> 01:07:33,920
i'll second that

1731
01:07:30,799 --> 01:07:36,079
uh i will go around and ask

1732
01:07:33,920 --> 01:07:38,720
uh the board members um

1733
01:07:36,079 --> 01:07:40,799
whether they approve or not and uh

1734
01:07:38,720 --> 01:07:43,520
if i may uh there's the issue of

1735
01:07:40,799 --> 01:07:46,880
conditions and whether

1736
01:07:43,520 --> 01:07:48,880
the board would like to impose uh if the

1737
01:07:46,880 --> 01:07:50,880
motion to approve passes

1738
01:07:48,880 --> 01:07:53,920
where uh whether the members of the

1739
01:07:50,880 --> 01:07:56,640
board would like to impose the same

1740
01:07:53,920 --> 01:07:58,880
conditions as in 2016 different

1741
01:07:56,640 --> 01:08:00,720
conditions or no conditions

1742
01:07:58,880 --> 01:08:04,440
so to give me guidance in the

1743
01:08:00,720 --> 01:08:04,440
preparation resolution

1744
01:08:11,520 --> 01:08:16,799
right um in that case the as mr sussman

1745
01:08:14,000 --> 01:08:16,799
mentioned the um

1746
01:08:17,440 --> 01:08:22,719
do we have thoughts on this before we uh

1747
01:08:19,520 --> 01:08:24,880
move into it on the conditions should we

1748
01:08:22,719 --> 01:08:26,960
use the what was already laid out in

1749
01:08:24,880 --> 01:08:29,199
2016 by the appeals board

1750
01:08:26,960 --> 01:08:31,040
um it doesn't sound like anyone has new

1751
01:08:29,199 --> 01:08:32,400
conditions they'd like to impose but

1752
01:08:31,040 --> 01:08:33,920
perhaps

1753
01:08:32,400 --> 01:08:37,600
that or

1754
01:08:33,920 --> 01:08:40,719
is this variance granted unconditionally

1755
01:08:37,600 --> 01:08:42,560
i have no new or or uh

1756
01:08:40,719 --> 01:08:44,400
additional

1757
01:08:42,560 --> 01:08:46,000
conditions same conditions same

1758
01:08:44,400 --> 01:08:48,000
conditions okay all right in that case

1759
01:08:46,000 --> 01:08:50,080
the motion uh seeking a second is to

1760
01:08:48,000 --> 01:08:52,400
draft a resolution to approve the same

1761
01:08:50,080 --> 01:08:54,799
conditions as were passed by the board

1762
01:08:52,400 --> 01:08:56,640
in 2016. do i have a second on that i'll

1763
01:08:54,799 --> 01:08:58,719
second that

1764
01:08:56,640 --> 01:09:02,080
um and i will go around

1765
01:08:58,719 --> 01:09:03,679
and ask each member uh how they vote uh

1766
01:09:02,080 --> 01:09:05,279
mr burch

1767
01:09:03,679 --> 01:09:07,759
you approve

1768
01:09:05,279 --> 01:09:12,000
i i approve

1769
01:09:07,759 --> 01:09:15,120
uh mr doherty i approve mr sharp no

1770
01:09:12,000 --> 01:09:19,920
no deny all right thank you um

1771
01:09:15,120 --> 01:09:19,920
in this case uh the motion is approved

1772
01:09:22,880 --> 01:09:27,279
scenarios

1773
01:09:24,159 --> 01:09:29,839
um so in that case

1774
01:09:27,279 --> 01:09:33,040
what's the vote right now

1775
01:09:29,839 --> 01:09:36,400
well the i think you need three vote to

1776
01:09:33,040 --> 01:09:38,880
pass the pass all right um i uh approve

1777
01:09:36,400 --> 01:09:38,880
in that case

1778
01:09:39,759 --> 01:09:43,279
spokesman to

1779
01:09:41,199 --> 01:09:45,440
draw raft resolution which we will uh

1780
01:09:43,279 --> 01:09:48,560
revisit

1781
01:09:45,440 --> 01:09:50,159
a future meeting

1782
01:09:48,560 --> 01:09:53,120
with that i believe

1783
01:09:50,159 --> 01:09:55,360
we are wrapping up the end of case 22-1

1784
01:09:53,120 --> 01:09:58,159
thank you everybody who has participated

1785
01:09:55,360 --> 01:09:58,159
thank you all very much

1786
01:09:58,400 --> 01:10:03,280
we will continue on to case 20

1787
01:10:01,040 --> 01:10:07,000
22-2

1788
01:10:03,280 --> 01:10:07,000
but let's take five

1789
01:10:12,190 --> 01:10:21,400
[Music]

1790
01:10:18,400 --> 01:10:24,540
do you feel them

1791
01:10:21,400 --> 01:10:24,540
[Music]

1792
01:10:33,070 --> 01:10:39,080
[Music]

1793
01:10:35,840 --> 01:10:39,080
see you again

1794
01:11:03,520 --> 01:11:06,920
should we do this

1795
01:11:20,640 --> 01:11:22,960
yeah

1796
01:11:23,040 --> 01:11:26,840
about everything's a one-off

1797
01:11:28,719 --> 01:11:31,360
yeah i'm not sure

1798
01:11:31,760 --> 01:11:35,280
that's uh yeah let's get it

1799
01:11:37,440 --> 01:11:41,120
okay well uh i said five but it looks

1800
01:11:39,760 --> 01:11:42,880
like

1801
01:11:41,120 --> 01:11:45,440
go ahead and get started here and uh

1802
01:11:42,880 --> 01:11:45,440
wrap this up

1803
01:11:45,679 --> 01:11:51,920
case number 2022-2

1804
01:11:48,800 --> 01:11:53,679
uh let's see here

1805
01:11:51,920 --> 01:11:54,400
um

1806
01:11:53,679 --> 01:11:57,760
so

1807
01:11:54,400 --> 01:11:59,679
uh in this case uh i will pass to the

1808
01:11:57,760 --> 01:12:05,040
petitioner for presentation which is uh

1809
01:11:59,679 --> 01:12:05,040
mr jason hein of 4008 old bayside oh

1810
01:12:05,360 --> 01:12:09,679
uh and we uh

1811
01:12:07,280 --> 01:12:10,880
are reconvening the uh the board of

1812
01:12:09,679 --> 01:12:12,880
appeals here

1813
01:12:10,880 --> 01:12:16,159
um

1814
01:12:12,880 --> 01:12:19,520
and are passing to the petitioner uh for

1815
01:12:16,159 --> 01:12:19,520
their presentation um

1816
01:12:20,239 --> 01:12:24,640
pass to mr sussman thank you mr chairman

1817
01:12:23,600 --> 01:12:25,760
uh

1818
01:12:24,640 --> 01:12:27,040
this is an

1819
01:12:25,760 --> 01:12:30,080
unusual

1820
01:12:27,040 --> 01:12:31,760
case because it is an application for a

1821
01:12:30,080 --> 01:12:34,560
variance to some swimming pool

1822
01:12:31,760 --> 01:12:36,560
regulations it's not an application for

1823
01:12:34,560 --> 01:12:39,360
a variance to the zoning ordinance into

1824
01:12:36,560 --> 01:12:39,360
the zoning code

1825
01:12:43,600 --> 01:12:48,840
i'm getting excited again by the clerk

1826
01:12:45,679 --> 01:12:52,560
about not speaking into the microphone

1827
01:12:48,840 --> 01:12:55,360
so uh as i was saying this is

1828
01:12:52,560 --> 01:12:56,480
an unusual uh case because it seeks a

1829
01:12:55,360 --> 01:12:59,600
variance

1830
01:12:56,480 --> 01:13:01,679
uh to certain swimming pool regulations

1831
01:12:59,600 --> 01:13:03,280
not a variant to the zoning ordinance of

1832
01:13:01,679 --> 01:13:04,560
his learning code

1833
01:13:03,280 --> 01:13:06,719
if it were

1834
01:13:04,560 --> 01:13:08,800
a

1835
01:13:06,719 --> 01:13:10,320
proceeding for a variance under the

1836
01:13:08,800 --> 01:13:13,280
zoning ordinance

1837
01:13:10,320 --> 01:13:15,760
then the zoning ordinance sets forth

1838
01:13:13,280 --> 01:13:18,960
various criteria that the applicant has

1839
01:13:15,760 --> 01:13:21,280
to prove and the board has to find in

1840
01:13:18,960 --> 01:13:24,400
order to

1841
01:13:21,280 --> 01:13:27,280
adopt or approve the requested variants

1842
01:13:24,400 --> 01:13:30,000
but curiously in the swimming pool

1843
01:13:27,280 --> 01:13:32,400
regulations there are no standards or

1844
01:13:30,000 --> 01:13:34,960
there are no criteria about

1845
01:13:32,400 --> 01:13:38,320
what the applicant has to prove or and

1846
01:13:34,960 --> 01:13:40,400
what the board has to find before a

1847
01:13:38,320 --> 01:13:42,480
variant can be granted

1848
01:13:40,400 --> 01:13:45,120
so there are a couple ways to deal with

1849
01:13:42,480 --> 01:13:47,520
this uh and i was speaking with the

1850
01:13:45,120 --> 01:13:49,440
chair before the meeting and we just

1851
01:13:47,520 --> 01:13:50,560
want to bring it to the members of the

1852
01:13:49,440 --> 01:13:52,480
board

1853
01:13:50,560 --> 01:13:56,320
uh one way

1854
01:13:52,480 --> 01:13:57,440
is to for the board on an ad hoc basis

1855
01:13:56,320 --> 01:13:59,040
tonight

1856
01:13:57,440 --> 01:14:03,120
to

1857
01:13:59,040 --> 01:14:06,159
adopt certain criteria that you believe

1858
01:14:03,120 --> 01:14:09,280
are appropriate for the consideration of

1859
01:14:06,159 --> 01:14:11,600
this type of variance

1860
01:14:09,280 --> 01:14:15,679
and the other way

1861
01:14:11,600 --> 01:14:17,040
is to have no criteria

1862
01:14:15,679 --> 01:14:19,120
promulgated

1863
01:14:17,040 --> 01:14:21,520
which would mean that

1864
01:14:19,120 --> 01:14:24,000
you would decide the application

1865
01:14:21,520 --> 01:14:26,880
based upon

1866
01:14:24,000 --> 01:14:29,440
your sense of what is fair and

1867
01:14:26,880 --> 01:14:31,920
reasonable and rational under all the

1868
01:14:29,440 --> 01:14:34,800
circumstances and i think under these

1869
01:14:31,920 --> 01:14:37,199
circumstances if the matter ever went to

1870
01:14:34,800 --> 01:14:38,800
court the court would say

1871
01:14:37,199 --> 01:14:41,679
that

1872
01:14:38,800 --> 01:14:44,640
because there were no criteria set forth

1873
01:14:41,679 --> 01:14:47,280
no standards set forth did the board of

1874
01:14:44,640 --> 01:14:49,840
appeals in this case make a reasoned and

1875
01:14:47,280 --> 01:14:53,040
rational decision based upon the

1876
01:14:49,840 --> 01:14:55,040
evidence of record that was before it

1877
01:14:53,040 --> 01:14:57,920
now what i've done

1878
01:14:55,040 --> 01:15:01,120
is i'm going to hand out

1879
01:14:57,920 --> 01:15:01,120
to the members of the board

1880
01:15:02,880 --> 01:15:06,960
i put together

1881
01:15:05,440 --> 01:15:10,400
some

1882
01:15:06,960 --> 01:15:13,920
possible criteria for you to consider

1883
01:15:10,400 --> 01:15:16,560
and these are based upon

1884
01:15:13,920 --> 01:15:18,960
the criteria in the zoning ordinance for

1885
01:15:16,560 --> 01:15:21,120
zoning variants but there are some

1886
01:15:18,960 --> 01:15:24,000
differences i've eliminated some i've

1887
01:15:21,120 --> 01:15:26,640
reworded some things that i thought

1888
01:15:24,000 --> 01:15:29,040
might be appropriate for this type of

1889
01:15:26,640 --> 01:15:30,400
application but again

1890
01:15:29,040 --> 01:15:32,640
and

1891
01:15:30,400 --> 01:15:32,640
uh

1892
01:15:34,480 --> 01:15:39,000
can you provide one to the applicant

1893
01:15:39,280 --> 01:15:41,840
for yourself

1894
01:15:44,640 --> 01:15:49,120
uh

1895
01:15:45,520 --> 01:15:50,800
so i think what i was saying is that

1896
01:15:49,120 --> 01:15:53,360
it'd be appropriate for the board to

1897
01:15:50,800 --> 01:15:54,320
consider this and decide you know

1898
01:15:53,360 --> 01:15:58,080
whether

1899
01:15:54,320 --> 01:16:02,159
you know you feel it's desirable to have

1900
01:15:58,080 --> 01:16:04,719
these criteria as guide posts to

1901
01:16:02,159 --> 01:16:07,520
help your analysis and deliberations

1902
01:16:04,719 --> 01:16:09,040
moving forward or whether you would

1903
01:16:07,520 --> 01:16:11,440
prefer to

1904
01:16:09,040 --> 01:16:14,560
hear the evidence and then discuss the

1905
01:16:11,440 --> 01:16:16,159
evidence and then make a reasoned and

1906
01:16:14,560 --> 01:16:19,520
rational decision

1907
01:16:16,159 --> 01:16:21,679
based upon the evidence

1908
01:16:19,520 --> 01:16:23,280
and based upon the public interest the

1909
01:16:21,679 --> 01:16:24,960
interest uh for the applicants and

1910
01:16:23,280 --> 01:16:27,280
things of that nature

1911
01:16:24,960 --> 01:16:29,520
so uh i think what i was starting to say

1912
01:16:27,280 --> 01:16:32,480
is that if the matter ever went to court

1913
01:16:29,520 --> 01:16:35,679
the court would look at did the board

1914
01:16:32,480 --> 01:16:38,159
follow a reasonable and rational process

1915
01:16:35,679 --> 01:16:40,719
and come to a reasonable and rational

1916
01:16:38,159 --> 01:16:42,480
decision rational decision based upon

1917
01:16:40,719 --> 01:16:45,520
what was presented to it

1918
01:16:42,480 --> 01:16:49,280
so i am not advocating that you adopt

1919
01:16:45,520 --> 01:16:51,520
these but uh i'm presenting them to you

1920
01:16:49,280 --> 01:16:54,159
for your thought and consideration if

1921
01:16:51,520 --> 01:16:56,800
you would feel more comfortable having

1922
01:16:54,159 --> 01:16:58,400
uh some set standards

1923
01:16:56,800 --> 01:17:01,040
thank you mr sussman

1924
01:16:58,400 --> 01:17:03,520
um i think the way uh we'll proceed is

1925
01:17:01,040 --> 01:17:06,080
to um to hear the evidence of this

1926
01:17:03,520 --> 01:17:07,679
uh this case and then uh revisit

1927
01:17:06,080 --> 01:17:09,440
uh whether or not we want to adopt

1928
01:17:07,679 --> 01:17:13,120
criteria or um

1929
01:17:09,440 --> 01:17:14,880
follow a uh reasonable rational standard

1930
01:17:13,120 --> 01:17:16,400
at which point i'll

1931
01:17:14,880 --> 01:17:18,239
go through some of your uh your

1932
01:17:16,400 --> 01:17:20,000
suggestions

1933
01:17:18,239 --> 01:17:23,520
um

1934
01:17:20,000 --> 01:17:26,400
yeah okay so um uh mr hein uh

1935
01:17:23,520 --> 01:17:28,640
48 or 4008 old bayside road uh tell us

1936
01:17:26,400 --> 01:17:31,760
about it uh first i want to thank the

1937
01:17:28,640 --> 01:17:33,760
board for allowing me to present my case

1938
01:17:31,760 --> 01:17:34,800
for my for the swimming pool

1939
01:17:33,760 --> 01:17:38,800
um

1940
01:17:34,800 --> 01:17:43,120
yeah 4008 uh old bayside road um

1941
01:17:38,800 --> 01:17:46,320
10 000 uh square foot uh yard uh two

1942
01:17:43,120 --> 01:17:48,000
lots i'm very fortunate to have that on

1943
01:17:46,320 --> 01:17:50,880
the beach uh as

1944
01:17:48,000 --> 01:17:53,199
uh chairman said earlier on the previous

1945
01:17:50,880 --> 01:17:54,960
case uh the average lot size is just

1946
01:17:53,199 --> 01:17:56,640
over seven thousand square feet so i'm

1947
01:17:54,960 --> 01:17:58,560
very fortunate that i have ten thousand

1948
01:17:56,640 --> 01:18:01,199
square feet

1949
01:17:58,560 --> 01:18:03,520
to work with and to to try and update to

1950
01:18:01,199 --> 01:18:04,880
make the the neighborhood look

1951
01:18:03,520 --> 01:18:06,560
uh uh

1952
01:18:04,880 --> 01:18:09,040
you know to add to the beauty of the

1953
01:18:06,560 --> 01:18:09,040
neighborhood

1954
01:18:09,280 --> 01:18:14,159
i have four kids

1955
01:18:11,280 --> 01:18:17,280
and i live in an area that also has

1956
01:18:14,159 --> 01:18:18,640
other kids uh running around and uh the

1957
01:18:17,280 --> 01:18:20,719
neighbors and i

1958
01:18:18,640 --> 01:18:22,640
all are of the like mind that we want

1959
01:18:20,719 --> 01:18:24,800
our kids to play outside okay we don't

1960
01:18:22,640 --> 01:18:26,480
want our kids inside uh when it's nice

1961
01:18:24,800 --> 01:18:27,840
out we want them to enjoy

1962
01:18:26,480 --> 01:18:31,120
uh the neighborhood and each other's

1963
01:18:27,840 --> 01:18:32,640
company ride bikes and whatnot

1964
01:18:31,120 --> 01:18:34,640
well

1965
01:18:32,640 --> 01:18:37,199
it gets hot in the summertime

1966
01:18:34,640 --> 01:18:39,679
and uh i thought that uh it would be a

1967
01:18:37,199 --> 01:18:41,040
good idea to uh put a swimming pool in

1968
01:18:39,679 --> 01:18:43,120
so that the kids

1969
01:18:41,040 --> 01:18:46,800
could have a place to

1970
01:18:43,120 --> 01:18:47,679
convene congregate and enjoy the weather

1971
01:18:46,800 --> 01:18:50,400
and

1972
01:18:47,679 --> 01:18:50,400
swim in the pool

1973
01:18:51,199 --> 01:18:55,920
every

1974
01:18:53,520 --> 01:18:57,920
google search that i put in

1975
01:18:55,920 --> 01:19:02,000
on the internet for the appropriate size

1976
01:18:57,920 --> 01:19:03,440
swimming pool uh said 18 by 36

1977
01:19:02,000 --> 01:19:04,960
what was the appropriate size for a

1978
01:19:03,440 --> 01:19:09,040
family of six

1979
01:19:04,960 --> 01:19:10,960
okay and what 18 foot by 36

1980
01:19:09,040 --> 01:19:12,239
uh in in the

1981
01:19:10,960 --> 01:19:16,560
um

1982
01:19:12,239 --> 01:19:18,800
uh chapter 249 section 249 4c allows for

1983
01:19:16,560 --> 01:19:22,560
an 18 foot by 36 pool

1984
01:19:18,800 --> 01:19:26,270
uh the 18 foot by 36 foot pool is

1985
01:19:22,560 --> 01:19:27,920
roughly 648 square feet

1986
01:19:26,270 --> 01:19:29,280
[Music]

1987
01:19:27,920 --> 01:19:30,880
and so when i started doing the

1988
01:19:29,280 --> 01:19:33,760
measurements to see if i can get an

1989
01:19:30,880 --> 01:19:35,440
equivalent in a round pool

1990
01:19:33,760 --> 01:19:38,000
the only

1991
01:19:35,440 --> 01:19:40,159
size or the least

1992
01:19:38,000 --> 01:19:43,280
size that i could get to get that kind

1993
01:19:40,159 --> 01:19:46,800
of square footage was a 30 foot

1994
01:19:43,280 --> 01:19:49,040
round pool that gives me 706.9 square

1995
01:19:46,800 --> 01:19:50,400
feet so it's roughly

1996
01:19:49,040 --> 01:19:53,280
you know 60

1997
01:19:50,400 --> 01:19:55,280
square feet more than what the 18 foot

1998
01:19:53,280 --> 01:19:57,440
by 36 4 will give me

1999
01:19:55,280 --> 01:20:00,239
so that is why

2000
01:19:57,440 --> 01:20:02,800
i requested the 5 foot in diameter is to

2001
01:20:00,239 --> 01:20:05,040
give me the square footage so that my

2002
01:20:02,800 --> 01:20:06,480
kids and their friends wouldn't be

2003
01:20:05,040 --> 01:20:09,520
on top of each other in the swimming

2004
01:20:06,480 --> 01:20:12,480
pool um again we're not encroaching or

2005
01:20:09,520 --> 01:20:17,520
even coming close to any of the setback

2006
01:20:12,480 --> 01:20:18,480
lines or any of the lot lines um my yard

2007
01:20:17,520 --> 01:20:21,280
allows

2008
01:20:18,480 --> 01:20:23,679
plenty of uh pool to be put in

2009
01:20:21,280 --> 01:20:25,440
uh we felt that 30-foot was the least

2010
01:20:23,679 --> 01:20:28,320
amount that we could

2011
01:20:25,440 --> 01:20:32,120
do to give our kids that

2012
01:20:28,320 --> 01:20:32,120
that freedom in that room

2013
01:20:32,159 --> 01:20:37,760
it will be and let me add it's not a

2014
01:20:35,040 --> 01:20:40,000
pull from kmart or from walmart that's

2015
01:20:37,760 --> 01:20:40,960
gonna you know possibly fall apart this

2016
01:20:40,000 --> 01:20:43,760
is a

2017
01:20:40,960 --> 01:20:46,560
multi-thousand dollar pool this is as a

2018
01:20:43,760 --> 01:20:48,800
60-year warranty anti-corrosion

2019
01:20:46,560 --> 01:20:51,440
uh lifetime warranty and all the resin

2020
01:20:48,800 --> 01:20:55,199
parts um this is not a pool that is

2021
01:20:51,440 --> 01:20:57,440
gonna fall apart uh at the as somebody

2022
01:20:55,199 --> 01:21:01,440
bumping into the side this is gonna be a

2023
01:20:57,440 --> 01:21:02,719
stable pool that will look nice um uh

2024
01:21:01,440 --> 01:21:04,000
and and

2025
01:21:02,719 --> 01:21:05,760
uh

2026
01:21:04,000 --> 01:21:08,639
you know it's not gonna it's not gonna

2027
01:21:05,760 --> 01:21:11,520
make the neighborhood look like trash uh

2028
01:21:08,639 --> 01:21:13,440
in my estimation based on what i've seen

2029
01:21:11,520 --> 01:21:15,199
in the reviews and the pictures it's

2030
01:21:13,440 --> 01:21:18,400
going to add to the

2031
01:21:15,199 --> 01:21:18,400
beauty of the neighborhood

2032
01:21:19,679 --> 01:21:24,159
and it will be professionally installed

2033
01:21:22,800 --> 01:21:28,840
by a

2034
01:21:24,159 --> 01:21:28,840
reputable installer um

2035
01:21:29,199 --> 01:21:32,159
so i think that's all i have for right

2036
01:21:30,719 --> 01:21:33,520
now

2037
01:21:32,159 --> 01:21:36,639
thank you

2038
01:21:33,520 --> 01:21:38,880
um uh mr jacobiak uh provided the board

2039
01:21:36,639 --> 01:21:40,159
with a uh written report uh would you

2040
01:21:38,880 --> 01:21:43,159
like to go through some of the

2041
01:21:40,159 --> 01:21:43,159
highlights

2042
01:21:52,880 --> 01:21:57,600
on the second page of my staff report i

2043
01:21:55,679 --> 01:21:59,120
have a section called the property and

2044
01:21:57,600 --> 01:22:00,800
the plan

2045
01:21:59,120 --> 01:22:03,679
and there is a

2046
01:22:00,800 --> 01:22:04,960
an excerpt from the site plan that the

2047
01:22:03,679 --> 01:22:06,400
applicant

2048
01:22:04,960 --> 01:22:07,440
that the applicant's engineer did

2049
01:22:06,400 --> 01:22:08,719
actually

2050
01:22:07,440 --> 01:22:11,920
um

2051
01:22:08,719 --> 01:22:13,760
the same site plan is provided in the

2052
01:22:11,920 --> 01:22:16,560
packet information of information the

2053
01:22:13,760 --> 01:22:16,560
applicant provided

2054
01:22:16,800 --> 01:22:21,440
this

2055
01:22:18,000 --> 01:22:23,440
pool would be located on the

2056
01:22:21,440 --> 01:22:25,440
lot adjoining

2057
01:22:23,440 --> 01:22:27,440
the lot that mr

2058
01:22:25,440 --> 01:22:30,400
hein has his house on as you said

2059
01:22:27,440 --> 01:22:32,639
there's two lots side by side really one

2060
01:22:30,400 --> 01:22:34,239
larger lot

2061
01:22:32,639 --> 01:22:36,560
it's set

2062
01:22:34,239 --> 01:22:40,080
back from the road quite a distance in

2063
01:22:36,560 --> 01:22:40,880
fact it's 11 feet from the rear lot line

2064
01:22:40,080 --> 01:22:42,880
it's

2065
01:22:40,880 --> 01:22:44,639
set at a lower elevation too which is

2066
01:22:42,880 --> 01:22:47,120
interesting if you familiar with that

2067
01:22:44,639 --> 01:22:49,840
part of old bayside road

2068
01:22:47,120 --> 01:22:51,600
the land drops off pretty quickly

2069
01:22:49,840 --> 01:22:52,480
in fact i think the elevation at the

2070
01:22:51,600 --> 01:22:57,040
street

2071
01:22:52,480 --> 01:22:59,440
is about 36 feet above sea level um

2072
01:22:57,040 --> 01:23:01,840
i'm sorry it's about 54 feet foot and

2073
01:22:59,440 --> 01:23:04,320
then it drops down to around 36 feet or

2074
01:23:01,840 --> 01:23:06,239
so towards the rear of the lot

2075
01:23:04,320 --> 01:23:07,280
so it's quite a drop off and the pool

2076
01:23:06,239 --> 01:23:09,199
would be

2077
01:23:07,280 --> 01:23:10,080
at the lower elevation

2078
01:23:09,199 --> 01:23:10,960
um

2079
01:23:10,080 --> 01:23:13,280
the

2080
01:23:10,960 --> 01:23:15,360
i would imagine although i'm not

2081
01:23:13,280 --> 01:23:17,360
i'm pretty sure

2082
01:23:15,360 --> 01:23:19,600
that the construction activity would be

2083
01:23:17,360 --> 01:23:22,000
accessed through the rear alley

2084
01:23:19,600 --> 01:23:24,960
and you could tell that by see

2085
01:23:22,000 --> 01:23:26,960
by seeing that a

2086
01:23:24,960 --> 01:23:30,400
rectangle at the corner of the lot that

2087
01:23:26,960 --> 01:23:31,520
says sc e stabilized construction

2088
01:23:30,400 --> 01:23:33,920
entrance

2089
01:23:31,520 --> 01:23:36,239
so the the company installing the pool

2090
01:23:33,920 --> 01:23:38,320
will put down gravel and grade that area

2091
01:23:36,239 --> 01:23:40,400
and make it stable for bringing a truck

2092
01:23:38,320 --> 01:23:43,520
in and heavy machinery to

2093
01:23:40,400 --> 01:23:46,080
to grade the land a bit

2094
01:23:43,520 --> 01:23:48,880
the applicant has proposed a uh

2095
01:23:46,080 --> 01:23:50,560
what he's called a semi

2096
01:23:48,880 --> 01:23:51,920
in-ground pool or

2097
01:23:50,560 --> 01:23:52,960
something to that effect i don't know

2098
01:23:51,920 --> 01:23:54,880
what that means and i think it's

2099
01:23:52,960 --> 01:23:55,600
material to what you're considering uh

2100
01:23:54,880 --> 01:23:57,199
so

2101
01:23:55,600 --> 01:23:59,600
maybe we can get that on the record

2102
01:23:57,199 --> 01:24:00,800
tonight to understand what that actually

2103
01:23:59,600 --> 01:24:02,800
is going to be

2104
01:24:00,800 --> 01:24:04,800
um i would imagine it's built into the

2105
01:24:02,800 --> 01:24:05,760
slope a bit but i i don't know for

2106
01:24:04,800 --> 01:24:07,679
certain

2107
01:24:05,760 --> 01:24:09,920
um

2108
01:24:07,679 --> 01:24:11,840
can i interject with that

2109
01:24:09,920 --> 01:24:15,440
the um

2110
01:24:11,840 --> 01:24:17,440
the walls are 54 inches high okay so uh

2111
01:24:15,440 --> 01:24:19,600
it is gonna be a semi-in-ground which

2112
01:24:17,440 --> 01:24:21,920
means that it will the the area on the

2113
01:24:19,600 --> 01:24:23,920
slope will be flattened and it'll be

2114
01:24:21,920 --> 01:24:25,440
about a foot it'll be about a foot into

2115
01:24:23,920 --> 01:24:27,600
the ground

2116
01:24:25,440 --> 01:24:31,840
so it won't be sitting on top it will be

2117
01:24:27,600 --> 01:24:31,840
a semi-in-ground pool thank you

2118
01:24:32,880 --> 01:24:36,480
um

2119
01:24:34,239 --> 01:24:38,880
a lot of my memo after discussing the

2120
01:24:36,480 --> 01:24:39,920
basic facts of this application

2121
01:24:38,880 --> 01:24:43,199
um

2122
01:24:39,920 --> 01:24:45,040
was focused on the criteria and you know

2123
01:24:43,199 --> 01:24:48,080
how it is that you consider an

2124
01:24:45,040 --> 01:24:50,239
application like this and mr

2125
01:24:48,080 --> 01:24:51,840
sussman is

2126
01:24:50,239 --> 01:24:54,480
happily described and advised you

2127
01:24:51,840 --> 01:24:56,320
already on that i would only

2128
01:24:54,480 --> 01:24:57,679
mention that

2129
01:24:56,320 --> 01:24:59,679
the

2130
01:24:57,679 --> 01:25:02,800
five foot difference in

2131
01:24:59,679 --> 01:25:03,679
radius for a pool or for diameter

2132
01:25:02,800 --> 01:25:05,840
actually

2133
01:25:03,679 --> 01:25:08,159
makes a big difference in terms of the

2134
01:25:05,840 --> 01:25:12,400
total surface area coverage

2135
01:25:08,159 --> 01:25:12,400
um and currently the town's

2136
01:25:14,400 --> 01:25:16,960
code says

2137
01:25:15,679 --> 01:25:19,679
maximum

2138
01:25:16,960 --> 01:25:20,400
round pull can be is 25 foot diameter so

2139
01:25:19,679 --> 01:25:22,480
they're

2140
01:25:20,400 --> 01:25:25,199
the applicants asking for a five foot

2141
01:25:22,480 --> 01:25:28,400
increase it results in a 44 inch 44

2142
01:25:25,199 --> 01:25:32,719
percent increase in the total area

2143
01:25:28,400 --> 01:25:34,159
of the swimming pool having said that it

2144
01:25:32,719 --> 01:25:36,800
this is a

2145
01:25:34,159 --> 01:25:41,639
above average size lot as well so it's

2146
01:25:36,800 --> 01:25:41,639
pretty worth mentioning that as well

2147
01:25:41,840 --> 01:25:44,880
this is in the chesapeake bay critical

2148
01:25:43,600 --> 01:25:45,840
area

2149
01:25:44,880 --> 01:25:49,360
and

2150
01:25:45,840 --> 01:25:49,360
any lot in the critical area

2151
01:25:49,600 --> 01:25:53,520
or any lot development or a lot

2152
01:25:51,440 --> 01:25:55,520
improvement in the critical area comes

2153
01:25:53,520 --> 01:25:57,840
with certain conditions one of the

2154
01:25:55,520 --> 01:26:00,080
conditions is that

2155
01:25:57,840 --> 01:26:01,360
storm water management

2156
01:26:00,080 --> 01:26:02,960
be addressed

2157
01:26:01,360 --> 01:26:05,280
and the way that storm water management

2158
01:26:02,960 --> 01:26:07,520
is addressed for small scale projects

2159
01:26:05,280 --> 01:26:09,920
like this in a residential setting

2160
01:26:07,520 --> 01:26:12,239
generally speaking is through planting

2161
01:26:09,920 --> 01:26:14,159
native species on the lot

2162
01:26:12,239 --> 01:26:17,120
and the applicants showing

2163
01:26:14,159 --> 01:26:19,280
trees and shrubs along the rear lot line

2164
01:26:17,120 --> 01:26:21,600
there

2165
01:26:19,280 --> 01:26:25,920
they're required to be planted at a rate

2166
01:26:21,600 --> 01:26:28,960
of one tree or three shrubs per 100 foot

2167
01:26:25,920 --> 01:26:30,880
100 square feet of new surface area and

2168
01:26:28,960 --> 01:26:32,239
a swimming pool is a surface area it

2169
01:26:30,880 --> 01:26:33,120
covers the lot

2170
01:26:32,239 --> 01:26:35,120
so

2171
01:26:33,120 --> 01:26:36,639
the applicant is showing

2172
01:26:35,120 --> 01:26:38,480
that the critical area stormwater

2173
01:26:36,639 --> 01:26:41,040
management guidelines are met

2174
01:26:38,480 --> 01:26:43,920
where standards are written

2175
01:26:41,040 --> 01:26:43,920
so i'll leave it at that

2176
01:26:44,639 --> 01:26:48,560
happy to assist in your deliberations as

2177
01:26:46,480 --> 01:26:51,719
you go along

2178
01:26:48,560 --> 01:26:51,719
thank you

2179
01:26:52,719 --> 01:26:57,600
at this point we will move into

2180
01:26:55,040 --> 01:26:58,719
uh any testimony from people wishing to

2181
01:26:57,600 --> 01:27:01,920
speak

2182
01:26:58,719 --> 01:27:04,580
as proponents of this particular plan uh

2183
01:27:01,920 --> 01:27:07,760
or name address and we represent

2184
01:27:04,580 --> 01:27:07,760
[Music]

2185
01:27:10,480 --> 01:27:15,120
sign in first

2186
01:27:12,960 --> 01:27:17,850
hi everybody

2187
01:27:15,120 --> 01:27:19,520
i'm pat mahoney from 4-0

2188
01:27:17,850 --> 01:27:21,840
[Music]

2189
01:27:19,520 --> 01:27:23,199
14th street

2190
01:27:21,840 --> 01:27:26,800
i am

2191
01:27:23,199 --> 01:27:28,400
here to speak as a private citizen

2192
01:27:26,800 --> 01:27:30,719
who's lived in

2193
01:27:28,400 --> 01:27:34,800
this neighborhood

2194
01:27:30,719 --> 01:27:34,800
for almost 30 30 years

2195
01:27:37,840 --> 01:27:41,520
uh first i want to thank you all for

2196
01:27:39,440 --> 01:27:43,199
your volunteerism it's it's it's

2197
01:27:41,520 --> 01:27:45,600
extraordinary we have so many people

2198
01:27:43,199 --> 01:27:48,000
that want to give up their evenings

2199
01:27:45,600 --> 01:27:48,960
you know for it's just an exciting topic

2200
01:27:48,000 --> 01:27:49,920
yeah

2201
01:27:48,960 --> 01:27:52,400
um

2202
01:27:49,920 --> 01:27:56,000
i'm here in support of

2203
01:27:52,400 --> 01:27:58,000
of of mr hines application for a variant

2204
01:27:56,000 --> 01:28:00,480
um

2205
01:27:58,000 --> 01:28:03,280
two things i want to say you know the um

2206
01:28:00,480 --> 01:28:06,000
i've been a neighborhood for almost

2207
01:28:03,280 --> 01:28:09,920
30 years i almost bought that lot so i

2208
01:28:06,000 --> 01:28:12,560
know that a lot intimately um

2209
01:28:09,920 --> 01:28:15,040
the hinds just came here you know um and

2210
01:28:12,560 --> 01:28:17,520
they were a growing family

2211
01:28:15,040 --> 01:28:20,239
and and they've done everything that we

2212
01:28:17,520 --> 01:28:22,400
really wanna as a town and taught and in

2213
01:28:20,239 --> 01:28:24,560
terms of just you know the you know the

2214
01:28:22,400 --> 01:28:27,120
whole you know small town charm and

2215
01:28:24,560 --> 01:28:29,120
people coming to raise their kids and as

2216
01:28:27,120 --> 01:28:30,480
his family

2217
01:28:29,120 --> 01:28:32,480
grew i believe you have four children

2218
01:28:30,480 --> 01:28:34,560
now an adult since

2219
01:28:32,480 --> 01:28:37,520
since you've been there

2220
01:28:34,560 --> 01:28:38,480
they elected to stay in town

2221
01:28:37,520 --> 01:28:40,560
to

2222
01:28:38,480 --> 01:28:43,360
put money lots of money hundreds of

2223
01:28:40,560 --> 01:28:45,679
thousands of dollars into their property

2224
01:28:43,360 --> 01:28:47,679
you know so they could stay in town send

2225
01:28:45,679 --> 01:28:49,760
their kids to you know beach elementary

2226
01:28:47,679 --> 01:28:51,360
and be a productive you know member of

2227
01:28:49,760 --> 01:28:53,040
our our society

2228
01:28:51,360 --> 01:28:56,320
and they are you know the hindus are

2229
01:28:53,040 --> 01:28:58,719
everything that we're looking for as um

2230
01:28:56,320 --> 01:29:01,440
as town administrators we we just want

2231
01:28:58,719 --> 01:29:03,600
someone to good people to come here

2232
01:29:01,440 --> 01:29:06,000
raise a family you know uh keep your

2233
01:29:03,600 --> 01:29:06,800
property awful tidy and they certainly

2234
01:29:06,000 --> 01:29:10,000
have

2235
01:29:06,800 --> 01:29:11,600
and they uh um

2236
01:29:10,000 --> 01:29:14,239
so now they got a family of six and a

2237
01:29:11,600 --> 01:29:16,239
dog and and they want a pool and i think

2238
01:29:14,239 --> 01:29:19,600
a totally indoor pool just isn't

2239
01:29:16,239 --> 01:29:21,360
feasible for for many reasons um

2240
01:29:19,600 --> 01:29:22,960
and i and i think that's a hardship for

2241
01:29:21,360 --> 01:29:24,639
them um

2242
01:29:22,960 --> 01:29:26,400
i'm on a six kids so i know all about

2243
01:29:24,639 --> 01:29:29,040
the hardship of having a house full of

2244
01:29:26,400 --> 01:29:31,600
children you know trust me it it is

2245
01:29:29,040 --> 01:29:33,760
um so there there's it's a it's a big

2246
01:29:31,600 --> 01:29:36,560
lot big lots but there are they are

2247
01:29:33,760 --> 01:29:39,520
limited to what they can do and i think

2248
01:29:36,560 --> 01:29:40,560
that um you know the this would be an

2249
01:29:39,520 --> 01:29:42,000
improvement

2250
01:29:40,560 --> 01:29:44,320
i think it'd be improvement to our

2251
01:29:42,000 --> 01:29:45,600
neighborhood it'll be um it'll make all

2252
01:29:44,320 --> 01:29:47,679
of our homes

2253
01:29:45,600 --> 01:29:48,880
you know be more viable for

2254
01:29:47,679 --> 01:29:50,480
a would-be

2255
01:29:48,880 --> 01:29:54,239
home buyer you know with the family

2256
01:29:50,480 --> 01:29:56,880
which is what we we tend to get

2257
01:29:54,239 --> 01:29:58,159
and you know quite frankly um

2258
01:29:56,880 --> 01:30:01,600
we have a lot of children in our

2259
01:29:58,159 --> 01:30:04,320
neighborhood it's great um a pool

2260
01:30:01,600 --> 01:30:06,560
would keep these kids you know off the

2261
01:30:04,320 --> 01:30:07,840
street safe

2262
01:30:06,560 --> 01:30:10,000
staying cool

2263
01:30:07,840 --> 01:30:11,760
i think it's a real you know win-win

2264
01:30:10,000 --> 01:30:13,520
kind of of a thing you know you know

2265
01:30:11,760 --> 01:30:14,960
it's good for the town it doesn't cost

2266
01:30:13,520 --> 01:30:15,760
the town any money what he's trying to

2267
01:30:14,960 --> 01:30:18,080
do

2268
01:30:15,760 --> 01:30:20,400
and it'll just make our neighborhood you

2269
01:30:18,080 --> 01:30:22,719
know more safe and and just more things

2270
01:30:20,400 --> 01:30:25,440
for you know all these kids to

2271
01:30:22,719 --> 01:30:28,080
to do i don't see any downside at all

2272
01:30:25,440 --> 01:30:30,000
uh you know the hinds and and myself you

2273
01:30:28,080 --> 01:30:31,520
know we live in a lovely neighborhood

2274
01:30:30,000 --> 01:30:32,960
and um

2275
01:30:31,520 --> 01:30:34,320
people want to buy in our neighborhood

2276
01:30:32,960 --> 01:30:36,560
and i think you know the fact that we

2277
01:30:34,320 --> 01:30:37,920
have children and stuff it just you know

2278
01:30:36,560 --> 01:30:39,040
it's

2279
01:30:37,920 --> 01:30:41,199
it's a plus

2280
01:30:39,040 --> 01:30:43,600
so i would probably we're talking about

2281
01:30:41,199 --> 01:30:45,760
60 square feet more i would i would

2282
01:30:43,600 --> 01:30:47,600
definitely um

2283
01:30:45,760 --> 01:30:49,520
i do definitely

2284
01:30:47,600 --> 01:30:50,639
support that variance i think it's a

2285
01:30:49,520 --> 01:30:53,840
small

2286
01:30:50,639 --> 01:30:55,679
a small action on the town to do

2287
01:30:53,840 --> 01:30:58,480
something that's not only better for the

2288
01:30:55,679 --> 01:31:00,239
town but better for a family that has

2289
01:30:58,480 --> 01:31:02,400
contributed you know so much time and

2290
01:31:00,239 --> 01:31:05,040
money into into their property so having

2291
01:31:02,400 --> 01:31:08,400
said that thank you very much it's cold

2292
01:31:05,040 --> 01:31:08,400
in here so i think i'm going to leave

2293
01:31:08,960 --> 01:31:13,320
thank you

2294
01:31:10,000 --> 01:31:13,320
thanks again

2295
01:31:21,440 --> 01:31:25,199
all right um

2296
01:31:23,520 --> 01:31:28,639
is there anyone who would like to speak

2297
01:31:25,199 --> 01:31:31,920
in opposition to this

2298
01:31:28,639 --> 01:31:34,639
thank you um

2299
01:31:31,920 --> 01:31:38,560
in that case i believe we uh start with

2300
01:31:34,639 --> 01:31:43,480
any questions board members have um

2301
01:31:38,560 --> 01:31:43,480
directed to uh any party they'd like

2302
01:31:47,280 --> 01:31:51,440
can i say one more thing i just want to

2303
01:31:49,040 --> 01:31:55,280
clarify as far as the um

2304
01:31:51,440 --> 01:31:59,440
the sizes here okay um when i when i

2305
01:31:55,280 --> 01:32:01,840
uh talk about an 18 foot by 36 pool

2306
01:31:59,440 --> 01:32:05,040
that is the size that is allowed for a

2307
01:32:01,840 --> 01:32:08,080
rectangle pool in the coat okay so

2308
01:32:05,040 --> 01:32:09,760
that's why i reference that size pool

2309
01:32:08,080 --> 01:32:11,840
for that um

2310
01:32:09,760 --> 01:32:14,480
and then the 25 foot in diameter is the

2311
01:32:11,840 --> 01:32:17,760
round size pool so the square footage of

2312
01:32:14,480 --> 01:32:20,960
both of those pools is very different

2313
01:32:17,760 --> 01:32:23,360
okay uh the the 18 by 36

2314
01:32:20,960 --> 01:32:26,320
is 648 square feet

2315
01:32:23,360 --> 01:32:29,520
whereas the 25 foot

2316
01:32:26,320 --> 01:32:32,159
round pool is 490 square feet so you can

2317
01:32:29,520 --> 01:32:36,480
see the difference in square footage if

2318
01:32:32,159 --> 01:32:39,040
i was to get an 18 by 36 full foot pool

2319
01:32:36,480 --> 01:32:41,360
it wouldn't be it wouldn't be a problem

2320
01:32:39,040 --> 01:32:44,560
but all of a sudden a 25

2321
01:32:41,360 --> 01:32:46,800
uh diameter round pool is significantly

2322
01:32:44,560 --> 01:32:48,719
less square footage so that's why i'm

2323
01:32:46,800 --> 01:32:50,159
asking for the variance i'm trying to

2324
01:32:48,719 --> 01:32:51,199
get to the

2325
01:32:50,159 --> 01:32:53,280
to the

2326
01:32:51,199 --> 01:32:56,239
the square footage that the rectangle

2327
01:32:53,280 --> 01:32:58,320
pool allows and the 30-foot pool in

2328
01:32:56,239 --> 01:33:00,320
diameter gets me there

2329
01:32:58,320 --> 01:33:02,960
so that that's you know i just want to

2330
01:33:00,320 --> 01:33:04,080
clarify that yeah i have two questions

2331
01:33:02,960 --> 01:33:06,000
um

2332
01:33:04,080 --> 01:33:08,159
it's my understanding that uh you chose

2333
01:33:06,000 --> 01:33:10,800
the round uh over the square just

2334
01:33:08,159 --> 01:33:12,320
because that's how your lot best fits

2335
01:33:10,800 --> 01:33:15,040
a pool

2336
01:33:12,320 --> 01:33:16,480
yes so the appeals application tells me

2337
01:33:15,040 --> 01:33:18,159
not to get into

2338
01:33:16,480 --> 01:33:21,440
the financial

2339
01:33:18,159 --> 01:33:21,440
benefits okay

2340
01:33:21,520 --> 01:33:25,520
i live on a slope like uh the chairman

2341
01:33:23,920 --> 01:33:27,920
said uh

2342
01:33:25,520 --> 01:33:30,480
if i was to get a rectangle pool a

2343
01:33:27,920 --> 01:33:32,800
rectangular uh in-ground pool i would

2344
01:33:30,480 --> 01:33:34,880
have to get retaining walls

2345
01:33:32,800 --> 01:33:36,800
so that it wouldn't wash out

2346
01:33:34,880 --> 01:33:38,159
okay

2347
01:33:36,800 --> 01:33:40,560
and the quotes that i was getting were

2348
01:33:38,159 --> 01:33:41,679
just ridiculous i mean it wasn't even

2349
01:33:40,560 --> 01:33:42,960
feasible

2350
01:33:41,679 --> 01:33:46,239
so

2351
01:33:42,960 --> 01:33:49,600
they actually said why don't you get

2352
01:33:46,239 --> 01:33:50,960
an semi-in-ground round pool and there

2353
01:33:49,600 --> 01:33:52,880
therefore you wouldn't have to get the

2354
01:33:50,960 --> 01:33:54,560
retaining walls so

2355
01:33:52,880 --> 01:33:56,320
i i know we're not supposed to talk

2356
01:33:54,560 --> 01:33:58,320
about the financial benefits of making

2357
01:33:56,320 --> 01:33:59,760
this but i mean it was a it was a clear

2358
01:33:58,320 --> 01:34:01,440
after that was told to me that was a

2359
01:33:59,760 --> 01:34:02,560
clear choice

2360
01:34:01,440 --> 01:34:04,320
yeah i think that's i think that's

2361
01:34:02,560 --> 01:34:07,840
relevant and i don't think you're yeah i

2362
01:34:04,320 --> 01:34:09,679
i like i said i i i'm putting my my five

2363
01:34:07,840 --> 01:34:11,120
criteria in here i'd love to throw that

2364
01:34:09,679 --> 01:34:14,000
in there but i'm like

2365
01:34:11,120 --> 01:34:17,280
um other question for you is were you

2366
01:34:14,000 --> 01:34:18,880
aware of the did you go and look up the

2367
01:34:17,280 --> 01:34:20,239
size limits before you order the pool or

2368
01:34:18,880 --> 01:34:23,040
did you kind of like

2369
01:34:20,239 --> 01:34:24,880
so here's what i got no so so i had

2370
01:34:23,040 --> 01:34:28,159
multiple contractors come out for the

2371
01:34:24,880 --> 01:34:30,000
rectangle fiberglass pool and the

2372
01:34:28,159 --> 01:34:32,560
um

2373
01:34:30,000 --> 01:34:34,560
the retaining walls and after i found

2374
01:34:32,560 --> 01:34:37,360
that that was not going to be a viable

2375
01:34:34,560 --> 01:34:39,520
option i ordered a pool and i ordered it

2376
01:34:37,360 --> 01:34:42,800
hastily because it was in the spring and

2377
01:34:39,520 --> 01:34:45,600
there were sales so i ordered it and

2378
01:34:42,800 --> 01:34:48,320
before i you know got going on any of

2379
01:34:45,600 --> 01:34:51,679
the demo work to get it all done i just

2380
01:34:48,320 --> 01:34:53,360
happened to get a gander at the

2381
01:34:51,679 --> 01:34:55,119
at the uh at the code and i said oh my

2382
01:34:53,360 --> 01:34:58,320
gosh i have to get a permit for for an

2383
01:34:55,119 --> 01:34:59,760
above ground pool and so that was my

2384
01:34:58,320 --> 01:35:01,199
you know and again

2385
01:34:59,760 --> 01:35:03,280
i didn't want to put that in either

2386
01:35:01,199 --> 01:35:06,000
because i wasn't looking for sympathy or

2387
01:35:03,280 --> 01:35:07,600
empathy or whatever if if it was a

2388
01:35:06,000 --> 01:35:10,719
mistake it's a mistake

2389
01:35:07,600 --> 01:35:13,920
you know so but the fact is i i can't

2390
01:35:10,719 --> 01:35:15,760
return it so you know it is what it is

2391
01:35:13,920 --> 01:35:17,280
yeah thank you

2392
01:35:15,760 --> 01:35:19,920
do any other board members have

2393
01:35:17,280 --> 01:35:22,239
questions they'd like to

2394
01:35:19,920 --> 01:35:25,440
mine was answered about what a semi

2395
01:35:22,239 --> 01:35:27,760
in-ground pool so thank you yes

2396
01:35:25,440 --> 01:35:31,119
one question are there any other

2397
01:35:27,760 --> 01:35:32,239
above-ground pools in your neighborhood

2398
01:35:31,119 --> 01:35:33,920
um

2399
01:35:32,239 --> 01:35:35,360
there are

2400
01:35:33,920 --> 01:35:36,400
there is one

2401
01:35:35,360 --> 01:35:37,679
uh

2402
01:35:36,400 --> 01:35:41,480
that is

2403
01:35:37,679 --> 01:35:41,480
yes there is one

2404
01:35:44,080 --> 01:35:48,000
um

2405
01:35:45,119 --> 01:35:50,719
with that um i think we are set to close

2406
01:35:48,000 --> 01:35:52,719
the hub public here i'd like to

2407
01:35:50,719 --> 01:35:54,239
make a motion for the board to begin its

2408
01:35:52,719 --> 01:35:57,239
uh deliberations

2409
01:35:54,239 --> 01:35:57,239
second

2410
01:35:57,280 --> 01:36:01,360
the board will begin uh deliberating

2411
01:36:00,480 --> 01:36:02,639
um

2412
01:36:01,360 --> 01:36:05,119
and

2413
01:36:02,639 --> 01:36:06,480
to get us uh well

2414
01:36:05,119 --> 01:36:08,719
i guess uh

2415
01:36:06,480 --> 01:36:11,280
we can we can do it a couple ways um we

2416
01:36:08,719 --> 01:36:13,440
can talk about the specifics of this

2417
01:36:11,280 --> 01:36:15,840
particular case

2418
01:36:13,440 --> 01:36:17,840
or we can go directly to criteria by

2419
01:36:15,840 --> 01:36:22,159
which we handle cases

2420
01:36:17,840 --> 01:36:24,480
like this where the rules are not

2421
01:36:22,159 --> 01:36:25,920
as well defined or well laid out as

2422
01:36:24,480 --> 01:36:27,760
other areas of the

2423
01:36:25,920 --> 01:36:29,600
zoning

2424
01:36:27,760 --> 01:36:31,199
standards

2425
01:36:29,600 --> 01:36:34,320
happy to go either direction does anyone

2426
01:36:31,199 --> 01:36:34,320
have preference or thoughts

2427
01:36:36,719 --> 01:36:40,880
i do have a comment on the on the

2428
01:36:38,719 --> 01:36:42,719
application um

2429
01:36:40,880 --> 01:36:46,400
one thing i noted that i thought was

2430
01:36:42,719 --> 01:36:49,199
strange and mr heinz pointed it out

2431
01:36:46,400 --> 01:36:51,679
it seems that the criteria for a

2432
01:36:49,199 --> 01:36:54,480
rectangular pool is very different from

2433
01:36:51,679 --> 01:36:54,480
a circular pool

2434
01:36:55,119 --> 01:37:01,840
looking at the code provision

2435
01:36:58,880 --> 01:37:05,119
a rectangular pool if i

2436
01:37:01,840 --> 01:37:08,239
did my calculation correctly

2437
01:37:05,119 --> 01:37:11,159
the limits on a rectangular pool

2438
01:37:08,239 --> 01:37:14,320
are a perimeter of

2439
01:37:11,159 --> 01:37:19,440
120 feet

2440
01:37:14,320 --> 01:37:22,239
and a square area of 800 square feet

2441
01:37:19,440 --> 01:37:26,400
uh the six foot

2442
01:37:22,239 --> 01:37:28,880
i'm sorry the 30 foot circular pool

2443
01:37:26,400 --> 01:37:31,280
is smaller in both perimeter and square

2444
01:37:28,880 --> 01:37:31,280
footage

2445
01:37:32,960 --> 01:37:39,360
so i i thought that was unusual

2446
01:37:36,080 --> 01:37:39,360
i'll just make that comment

2447
01:37:46,400 --> 01:37:49,840
can you repeat those again please

2448
01:37:49,920 --> 01:37:57,840
the code the code provision

2449
01:37:54,000 --> 01:38:01,679
allows a rectangular pool to be 40 by 20

2450
01:37:57,840 --> 01:38:04,080
which is 120 foot perimeter

2451
01:38:01,679 --> 01:38:06,400
and 800 square feet

2452
01:38:04,080 --> 01:38:10,480
in area

2453
01:38:06,400 --> 01:38:12,800
whereas a a circular pool

2454
01:38:10,480 --> 01:38:16,719
that is 30 feet in diameter which is

2455
01:38:12,800 --> 01:38:19,920
what mr heinz is applying for

2456
01:38:16,719 --> 01:38:23,320
is a smaller perimeter and a smaller

2457
01:38:19,920 --> 01:38:23,320
square area

2458
01:38:41,199 --> 01:38:45,400
go a little bit towards the stand

2459
01:38:56,880 --> 01:39:01,360
ad ad-hoc

2460
01:38:58,239 --> 01:39:01,360
case-by-case basis

2461
01:39:04,080 --> 01:39:06,159
those

2462
01:39:05,040 --> 01:39:08,800
um

2463
01:39:06,159 --> 01:39:10,639
i think that in this case they are not

2464
01:39:08,800 --> 01:39:12,800
well-defined

2465
01:39:10,639 --> 01:39:16,080
uh rules the request

2466
01:39:12,800 --> 01:39:17,040
is reasonable but my only concern is how

2467
01:39:16,080 --> 01:39:19,920
we

2468
01:39:17,040 --> 01:39:19,920
deal with situations

2469
01:39:20,880 --> 01:39:24,639
where i certainly understand and very

2470
01:39:23,360 --> 01:39:26,480
well could have made the exact same

2471
01:39:24,639 --> 01:39:29,760
choices

2472
01:39:26,480 --> 01:39:31,280
events here um in my personal life

2473
01:39:29,760 --> 01:39:34,080
i want to make sure that the board

2474
01:39:31,280 --> 01:39:35,920
doesn't get into the position of

2475
01:39:34,080 --> 01:39:37,520
saying uh

2476
01:39:35,920 --> 01:39:40,920
well we did it once then we're gonna

2477
01:39:37,520 --> 01:39:40,920
have to do it

2478
01:39:43,520 --> 01:39:48,080
i'm not sure how you

2479
01:39:45,040 --> 01:39:48,080
balance those two

2480
01:39:49,199 --> 01:39:53,199
an unofficial thought which was having

2481
01:39:51,040 --> 01:39:54,639
something to do with the privacy of the

2482
01:39:53,199 --> 01:39:58,239
property and

2483
01:39:54,639 --> 01:39:58,239
what the project was but that's all

2484
01:40:00,480 --> 01:40:05,040
my gut says that this is

2485
01:40:02,320 --> 01:40:05,040
reasonable use

2486
01:40:07,600 --> 01:40:11,119
out of bounds it's been requested and

2487
01:40:14,639 --> 01:40:19,119
aside from that i just like to figure

2488
01:40:15,920 --> 01:40:19,119
out how the board moves forward

2489
01:40:19,920 --> 01:40:25,040
our park that's too big

2490
01:40:22,480 --> 01:40:25,040
you know something

2491
01:40:30,639 --> 01:40:36,000
i would agree i do believe this should

2492
01:40:32,639 --> 01:40:37,360
be done on a case-by-case basis

2493
01:40:36,000 --> 01:40:38,800
and

2494
01:40:37,360 --> 01:40:41,280
in this case

2495
01:40:38,800 --> 01:40:43,280
mr hein has two lots

2496
01:40:41,280 --> 01:40:44,320
so in my opinion that makes a big

2497
01:40:43,280 --> 01:40:46,880
difference

2498
01:40:44,320 --> 01:40:48,080
that he has the room to sustain this

2499
01:40:46,880 --> 01:40:49,040
pool

2500
01:40:48,080 --> 01:40:51,679
so

2501
01:40:49,040 --> 01:40:54,000
um i believe it should be a case-by-case

2502
01:40:51,679 --> 01:40:54,000
basis

2503
01:40:54,480 --> 01:40:56,880
i agree

2504
01:41:00,239 --> 01:41:05,040
maybe i'll make this add too

2505
01:41:02,719 --> 01:41:06,880
and only because mr sussman might be

2506
01:41:05,040 --> 01:41:09,440
able to add this in

2507
01:41:06,880 --> 01:41:10,800
into the reasoning it's also set back

2508
01:41:09,440 --> 01:41:12,320
far from the

2509
01:41:10,800 --> 01:41:14,400
street it's

2510
01:41:12,320 --> 01:41:17,520
quite a distance it's in the rear part

2511
01:41:14,400 --> 01:41:20,560
of the lot line lot area and

2512
01:41:17,520 --> 01:41:23,199
uh is actually set lower

2513
01:41:20,560 --> 01:41:24,880
than the main street so it's not gonna

2514
01:41:23,199 --> 01:41:27,679
what's considerably larger than a

2515
01:41:24,880 --> 01:41:30,159
25-foot round pool it's not as if it's

2516
01:41:27,679 --> 01:41:33,280
in anyone's face and so obvious and it's

2517
01:41:30,159 --> 01:41:36,560
not just any type of disruption if that

2518
01:41:33,280 --> 01:41:38,480
were even a factor that the town council

2519
01:41:36,560 --> 01:41:40,320
considered when they adopted the 25 foot

2520
01:41:38,480 --> 01:41:41,679
standards

2521
01:41:40,320 --> 01:41:44,239
the location is

2522
01:41:41,679 --> 01:41:47,840
in size of a lot location on the lot and

2523
01:41:44,239 --> 01:41:47,840
the size a lot of relevant factors

2524
01:41:51,119 --> 01:41:57,080
it's even built into the ground

2525
01:41:52,400 --> 01:41:57,080
partially so lowers it by another foot

2526
01:42:07,679 --> 01:42:12,239
yes one mother

2527
01:42:09,520 --> 01:42:16,080
its location and its use of the

2528
01:42:12,239 --> 01:42:18,239
applicants use the round pool avoids

2529
01:42:16,080 --> 01:42:20,159
much more massive grading that would be

2530
01:42:18,239 --> 01:42:22,239
required which is something we try to

2531
01:42:20,159 --> 01:42:23,840
avoid in the critical area

2532
01:42:22,239 --> 01:42:25,040
and i think that foundationally that

2533
01:42:23,840 --> 01:42:26,840
might be actually one of the most

2534
01:42:25,040 --> 01:42:31,360
important points

2535
01:42:26,840 --> 01:42:33,280
um that the round pull actually fits and

2536
01:42:31,360 --> 01:42:34,639
limits the amount of

2537
01:42:33,280 --> 01:42:38,000
on-site grading

2538
01:42:34,639 --> 01:42:38,000
we have to do in the critical area

2539
01:42:38,320 --> 01:42:42,639
i think it's a very reasonable request

2540
01:42:40,239 --> 01:42:46,080
we're not talking 25 extra feet it's

2541
01:42:42,639 --> 01:42:46,080
five feet for a pool um

2542
01:42:54,080 --> 01:43:00,239
all right thank you everybody um

2543
01:42:57,199 --> 01:43:00,239
uh mr sussman how

2544
01:43:00,560 --> 01:43:04,320
do we go about doing the standards hey

2545
01:43:04,400 --> 01:43:08,840
we don't need to do the standards well

2546
01:43:06,880 --> 01:43:12,239
uh i think the motion should

2547
01:43:08,840 --> 01:43:14,639
be based on what i seem to be hearing as

2548
01:43:12,239 --> 01:43:16,960
consensus from the members of the board

2549
01:43:14,639 --> 01:43:20,400
that the board of requests or directs

2550
01:43:16,960 --> 01:43:21,199
that i prepare a resolution to approve

2551
01:43:20,400 --> 01:43:23,840
the

2552
01:43:21,199 --> 01:43:25,600
variance request

2553
01:43:23,840 --> 01:43:27,600
will let

2554
01:43:25,600 --> 01:43:29,040
without any conditions unless there are

2555
01:43:27,600 --> 01:43:30,159
conditions that the board wants to

2556
01:43:29,040 --> 01:43:32,320
oppose

2557
01:43:30,159 --> 01:43:33,600
what i will do is i'll make appropriate

2558
01:43:32,320 --> 01:43:34,400
findings

2559
01:43:33,600 --> 01:43:37,119
for

2560
01:43:34,400 --> 01:43:39,119
consideration

2561
01:43:37,119 --> 01:43:40,800
in that case i do exactly that motion to

2562
01:43:39,119 --> 01:43:43,199
prepare resolution to

2563
01:43:40,800 --> 01:43:45,600
approve the variance without conditions

2564
01:43:43,199 --> 01:43:47,760
um do i have a second

2565
01:43:45,600 --> 01:43:51,280
oh i will second that

2566
01:43:47,760 --> 01:43:53,119
um in which case uh we will go on with

2567
01:43:51,280 --> 01:43:54,000
uh with the voting

2568
01:43:53,119 --> 01:43:54,960
um

2569
01:43:54,000 --> 01:43:56,240
as

2570
01:43:54,960 --> 01:43:57,520
uh before um

2571
01:43:56,240 --> 01:43:59,760
[Music]

2572
01:43:57,520 --> 01:44:02,560
mr burch how do you find

2573
01:43:59,760 --> 01:44:06,280
proof uh mr daugherty i approve

2574
01:44:02,560 --> 01:44:06,280
uh miss frederick

2575
01:44:07,920 --> 01:44:12,560
the resolution is approved for mr

2576
01:44:10,239 --> 01:44:13,520
sussman to prepare a resolution which we

2577
01:44:12,560 --> 01:44:15,119
will

2578
01:44:13,520 --> 01:44:17,840
revisit at a

2579
01:44:15,119 --> 01:44:19,040
later meeting and sign off on

2580
01:44:17,840 --> 01:44:21,840
um

2581
01:44:19,040 --> 01:44:23,040
with that i believe i can move to unless

2582
01:44:21,840 --> 01:44:24,880
there's anything else i believe i can

2583
01:44:23,040 --> 01:44:27,920
move to during the meeting and call it a

2584
01:44:24,880 --> 01:44:27,920
day exactly

2585
01:44:28,080 --> 01:44:31,480
thank you everybody

2586
01:44:43,679 --> 01:44:46,719
try and keep notes every time we do this

2587
01:44:45,199 --> 01:44:48,000
so all the stuff that i forget from the

2588
01:44:46,719 --> 01:44:52,119
previous meeting i don't forget in the

2589
01:44:48,000 --> 01:44:52,119
next one thank you so much