1 00:00:08,240 --> 00:00:13,599 all right uh thank you for everyone um 2 00:00:11,120 --> 00:00:16,560 this is the board of appeals meeting uh 3 00:00:13,599 --> 00:00:18,800 7 p.m september 8th of 2022 4 00:00:16,560 --> 00:00:19,920 uh during uh today's meeting we're going 5 00:00:18,800 --> 00:00:22,080 to start off 6 00:00:19,920 --> 00:00:25,119 uh by nominating a chair and vice chair 7 00:00:22,080 --> 00:00:26,960 for uh this board briefly um in which 8 00:00:25,119 --> 00:00:29,199 case we'll move on to 9 00:00:26,960 --> 00:00:33,040 case 2022-3 10 00:00:29,199 --> 00:00:34,000 from michael beverly former of 3905 27th 11 00:00:33,040 --> 00:00:37,360 street 12 00:00:34,000 --> 00:00:40,239 concerning a side yard variance request 13 00:00:37,360 --> 00:00:42,320 and we will finish up with a review 14 00:00:40,239 --> 00:00:45,360 of the rules and procedures 15 00:00:42,320 --> 00:00:46,559 for this board uh so as normal i would 16 00:00:45,360 --> 00:00:49,440 like to start 17 00:00:46,559 --> 00:00:51,039 uh with a roll call for who's attending 18 00:00:49,440 --> 00:00:54,079 on behalf of the board 19 00:00:51,039 --> 00:00:55,760 um my name is jody hoonstar uh as the 20 00:00:54,079 --> 00:00:58,399 chair of the board and i'll just go down 21 00:00:55,760 --> 00:00:58,399 the list and if you 22 00:00:59,520 --> 00:01:05,840 uh mr burch here oh 23 00:01:02,160 --> 00:01:08,720 uh mr dougherty here mr president 24 00:01:05,840 --> 00:01:12,320 all right uh we have a quorum and on 25 00:01:08,720 --> 00:01:14,960 hand our uh town clerk sharon hum 26 00:01:12,320 --> 00:01:16,880 and uh legal counsel fred sussman uh at 27 00:01:14,960 --> 00:01:19,119 this point i will pass it over 28 00:01:16,880 --> 00:01:22,320 for any information concerning postings 29 00:01:19,119 --> 00:01:22,320 and entries into the record 30 00:01:23,520 --> 00:01:27,600 oh yeah we're gonna uh yeah i guess that 31 00:01:25,920 --> 00:01:29,439 is part of the second so i guess i'll 32 00:01:27,600 --> 00:01:30,560 hold off on that 33 00:01:29,439 --> 00:01:33,119 um 34 00:01:30,560 --> 00:01:36,479 so first uh first bit of order is to 35 00:01:33,119 --> 00:01:38,880 nominate a board chair and vice chair 36 00:01:36,479 --> 00:01:40,240 um does anyone have a 37 00:01:38,880 --> 00:01:41,920 nominee they'd like to put forward for 38 00:01:40,240 --> 00:01:44,400 either position 39 00:01:41,920 --> 00:01:45,520 i'd like to make a nomination for mr 40 00:01:44,400 --> 00:01:48,159 moon star 41 00:01:45,520 --> 00:01:50,560 for chairman 42 00:01:48,159 --> 00:01:52,799 second there thank you uh i guess we can 43 00:01:50,560 --> 00:01:56,799 just go through and uh vote on that 44 00:01:52,799 --> 00:01:59,040 um anyone anyone opposed 45 00:01:56,799 --> 00:02:02,159 all right i will continue as chairman 46 00:01:59,040 --> 00:02:04,240 for this board um and i would like to uh 47 00:02:02,159 --> 00:02:06,240 nominate mr dougherty for the role of 48 00:02:04,240 --> 00:02:07,600 vice chair do i have a second on that a 49 00:02:06,240 --> 00:02:11,280 second there 50 00:02:07,600 --> 00:02:14,000 uh and do we have any objections 51 00:02:11,280 --> 00:02:14,959 all right um sir doherty uh is the vice 52 00:02:14,000 --> 00:02:16,879 chair 53 00:02:14,959 --> 00:02:19,280 of the board 54 00:02:16,879 --> 00:02:21,520 now uh with that business done i assume 55 00:02:19,280 --> 00:02:26,080 we don't need any paperwork 56 00:02:21,520 --> 00:02:26,080 um i will now pass it over to sharon for 57 00:02:26,640 --> 00:02:29,840 recording public postings 58 00:02:33,200 --> 00:02:38,959 and then 59 00:02:35,280 --> 00:02:41,120 the vice chair take over so i am uh 60 00:02:38,959 --> 00:02:42,319 refusing myself as these are uh my 61 00:02:41,120 --> 00:02:44,080 direct neighbors 62 00:02:42,319 --> 00:02:46,400 uh for this particular case and handing 63 00:02:44,080 --> 00:02:46,400 it over 64 00:02:48,160 --> 00:02:53,360 all right um so i'd like to ask uh the 65 00:02:51,599 --> 00:02:54,879 town clerk 66 00:02:53,360 --> 00:02:57,440 um 67 00:02:54,879 --> 00:03:00,239 if the uh 68 00:02:57,440 --> 00:03:02,480 case has been read into the uh 69 00:03:00,239 --> 00:03:02,480 uh 70 00:03:02,720 --> 00:03:07,599 announced in the proper forms 71 00:03:04,959 --> 00:03:07,599 proper uh 72 00:03:07,680 --> 00:03:10,400 areas 73 00:03:08,879 --> 00:03:12,159 yes um 74 00:03:10,400 --> 00:03:14,319 the hearing was published in the 75 00:03:12,159 --> 00:03:17,680 southern maryland newspaper on august 76 00:03:14,319 --> 00:03:19,040 19th august 26 and september 2nd 77 00:03:17,680 --> 00:03:20,840 editions 78 00:03:19,040 --> 00:03:23,519 on august 5th 79 00:03:20,840 --> 00:03:25,920 2022 the planning and zoning commission 80 00:03:23,519 --> 00:03:28,239 was notified of said hearing with 81 00:03:25,920 --> 00:03:29,799 application date and time 82 00:03:28,239 --> 00:03:32,720 on august 4th 83 00:03:29,799 --> 00:03:34,959 2022 the applicant and adjoining 84 00:03:32,720 --> 00:03:38,080 property owners were sent by registered 85 00:03:34,959 --> 00:03:42,799 mail notification of said hearing 86 00:03:38,080 --> 00:03:44,799 and property 3905 27th street was posted 87 00:03:42,799 --> 00:03:47,120 by public works 88 00:03:44,799 --> 00:03:49,440 giving notice of time in place of public 89 00:03:47,120 --> 00:03:49,440 hearing 90 00:03:50,400 --> 00:03:56,000 all right thank you um 91 00:03:52,799 --> 00:03:56,000 we are here to 92 00:03:57,120 --> 00:04:02,159 discuss the case 93 00:03:59,120 --> 00:04:04,000 uh 2022-3 94 00:04:02,159 --> 00:04:06,080 consider an application from michael and 95 00:04:04,000 --> 00:04:08,480 beverly fulmer 96 00:04:06,080 --> 00:04:11,680 uh for of the real property known as 97 00:04:08,480 --> 00:04:16,079 3905 27th street chesapeake beach 98 00:04:11,680 --> 00:04:17,040 for variance to section 290-19a 99 00:04:16,079 --> 00:04:18,560 of the 100 00:04:17,040 --> 00:04:20,560 town code 101 00:04:18,560 --> 00:04:23,759 by the construction um 102 00:04:20,560 --> 00:04:23,759 of an addition on their house 103 00:04:24,400 --> 00:04:29,040 which would be placed 104 00:04:27,360 --> 00:04:30,720 three four three and a half feet into 105 00:04:29,040 --> 00:04:32,639 the required 106 00:04:30,720 --> 00:04:33,680 eight foot side yard on the west side of 107 00:04:32,639 --> 00:04:36,160 the lot 108 00:04:33,680 --> 00:04:37,759 for a variance of four and a half feet 109 00:04:36,160 --> 00:04:40,560 and approximately four point eight feet 110 00:04:37,759 --> 00:04:42,479 into the required eight foot side yard 111 00:04:40,560 --> 00:04:46,560 on the east side of the lot 112 00:04:42,479 --> 00:04:46,560 or variance of 3.2 feet 113 00:04:46,960 --> 00:04:51,759 that is the case um 114 00:04:49,040 --> 00:04:54,080 and are the petitioners here 115 00:04:51,759 --> 00:04:57,840 ready to 116 00:04:54,080 --> 00:04:57,840 uh present their case 117 00:04:58,639 --> 00:05:00,880 yes 118 00:05:06,080 --> 00:05:11,120 all right so at this point uh 119 00:05:08,840 --> 00:05:12,560 um do i need a quote on that 120 00:05:11,120 --> 00:05:15,759 on this point uh we'll accept the 121 00:05:12,560 --> 00:05:15,759 application into the record 122 00:05:17,680 --> 00:05:22,280 and now hear from the applicants 123 00:05:44,320 --> 00:05:48,960 would you uh 124 00:05:45,759 --> 00:05:48,960 state your name address 125 00:05:50,080 --> 00:05:55,759 my name is michael former living at 496 126 00:05:53,440 --> 00:05:58,800 old mill road millersville maryland two 127 00:05:55,759 --> 00:05:58,800 one one zero eight 128 00:05:59,120 --> 00:06:03,520 child's blind 129 00:06:00,720 --> 00:06:07,080 living at 3106 barry road northeast 130 00:06:03,520 --> 00:06:07,080 washington dc 131 00:06:09,360 --> 00:06:13,600 if you both raise your right hands i'm 132 00:06:11,280 --> 00:06:16,080 going to swear you in 133 00:06:13,600 --> 00:06:18,080 do you both solemnly swear or affirm 134 00:06:16,080 --> 00:06:20,160 under the penalties of perjury that the 135 00:06:18,080 --> 00:06:22,560 testimony you were about to give and the 136 00:06:20,160 --> 00:06:24,400 responses and statements you are about 137 00:06:22,560 --> 00:06:26,880 to make will be the whole truth and 138 00:06:24,400 --> 00:06:29,280 nothing but the truth 139 00:06:26,880 --> 00:06:29,280 thank you 140 00:06:31,600 --> 00:06:38,240 all right so the uh which uh 141 00:06:36,400 --> 00:06:40,639 which person would like to get up and 142 00:06:38,240 --> 00:06:42,520 speak at the podium 143 00:06:40,639 --> 00:06:44,720 it doesn't matter you want to go special 144 00:06:42,520 --> 00:06:49,080 [Music] 145 00:06:44,720 --> 00:06:49,080 could you step up to the podium please 146 00:06:54,410 --> 00:06:58,479 [Music] 147 00:06:56,479 --> 00:06:59,599 good evening thank you for hearing now 148 00:06:58,479 --> 00:07:02,400 case 149 00:06:59,599 --> 00:07:04,720 the reason we're here for this verse 150 00:07:02,400 --> 00:07:07,199 we had no idea 151 00:07:04,720 --> 00:07:10,479 that the sidewalk 152 00:07:07,199 --> 00:07:12,240 the side on the east side and west side 153 00:07:10,479 --> 00:07:15,520 was in violation 154 00:07:12,240 --> 00:07:18,240 when mike bought the house 155 00:07:15,520 --> 00:07:20,400 it was there the structure when he 156 00:07:18,240 --> 00:07:22,240 purchased that property 157 00:07:20,400 --> 00:07:24,880 no one informed him 158 00:07:22,240 --> 00:07:27,919 that he was in violation 159 00:07:24,880 --> 00:07:30,880 and needed a verse we didn't learn 160 00:07:27,919 --> 00:07:34,479 that we needed the burns until we 161 00:07:30,880 --> 00:07:36,639 project the build extend the deck out 162 00:07:34,479 --> 00:07:38,960 two and a half feet 163 00:07:36,639 --> 00:07:40,400 and then we was uh we was under 164 00:07:38,960 --> 00:07:42,400 impression that 165 00:07:40,400 --> 00:07:44,560 why we need a variance when we're not 166 00:07:42,400 --> 00:07:47,680 doing no work on the side 167 00:07:44,560 --> 00:07:49,520 all our work is in the real 168 00:07:47,680 --> 00:07:52,720 wish we learned later 169 00:07:49,520 --> 00:07:53,840 that the deck was probably not 170 00:07:52,720 --> 00:07:56,080 i didn't know 171 00:07:53,840 --> 00:07:57,280 mike didn't know was no research that 172 00:07:56,080 --> 00:07:59,039 told us 173 00:07:57,280 --> 00:08:00,160 that the deck was 174 00:07:59,039 --> 00:08:02,800 built 175 00:08:00,160 --> 00:08:06,000 after the house was 176 00:08:02,800 --> 00:08:08,400 constructed he learned that afterward 177 00:08:06,000 --> 00:08:10,800 and this one of the reasons we hear 178 00:08:08,400 --> 00:08:12,800 requests and environs to bring the 179 00:08:10,800 --> 00:08:15,199 property and con 180 00:08:12,800 --> 00:08:15,199 to it 181 00:08:15,280 --> 00:08:21,160 with the um 182 00:08:17,039 --> 00:08:21,160 the current status 183 00:08:28,160 --> 00:08:31,520 so right now the way the house is 184 00:08:30,160 --> 00:08:32,560 situated 185 00:08:31,520 --> 00:08:35,120 um 186 00:08:32,560 --> 00:08:36,640 there isn't an eight foot 187 00:08:35,120 --> 00:08:38,640 on each side 188 00:08:36,640 --> 00:08:41,599 where the house is sitting 189 00:08:38,640 --> 00:08:44,399 um so basically we're looking to extend 190 00:08:41,599 --> 00:08:45,360 the kitchen out and then add the deck 191 00:08:44,399 --> 00:08:46,959 um 192 00:08:45,360 --> 00:08:50,399 and we weren't 193 00:08:46,959 --> 00:08:50,399 if it's a matter of us 194 00:08:52,080 --> 00:08:56,800 changing the width of the deck then 195 00:08:55,120 --> 00:08:58,720 you know we can certainly do that but we 196 00:08:56,800 --> 00:09:00,480 would prefer to keep the dimensions 197 00:08:58,720 --> 00:09:01,600 where they are 198 00:09:00,480 --> 00:09:03,360 um 199 00:09:01,600 --> 00:09:06,360 so that it's even with the house coming 200 00:09:03,360 --> 00:09:06,360 out 201 00:09:14,320 --> 00:09:19,760 so the main so the issue is the the deck 202 00:09:17,760 --> 00:09:21,440 i'm reading right here um 203 00:09:19,760 --> 00:09:23,200 it's going to be built out i said a 204 00:09:21,440 --> 00:09:26,240 canyon effect right 205 00:09:23,200 --> 00:09:28,080 yes they're gonna be built on the reel 206 00:09:26,240 --> 00:09:29,680 what is the canon effect like 207 00:09:28,080 --> 00:09:31,680 you break it down like what 208 00:09:29,680 --> 00:09:34,160 what exactly is that 209 00:09:31,680 --> 00:09:35,760 well what we're seeing here you have 210 00:09:34,160 --> 00:09:37,519 copy this yeah i'm looking at right now 211 00:09:35,760 --> 00:09:39,040 it says the canyon effect so there'd be 212 00:09:37,519 --> 00:09:40,640 nothing on the sides is that what 213 00:09:39,040 --> 00:09:43,360 nothing's going to be on this side okay 214 00:09:40,640 --> 00:09:46,360 so there's no dividers so no no no 215 00:09:43,360 --> 00:09:46,360 okay 216 00:09:50,959 --> 00:09:55,839 my understanding was that you were 217 00:09:52,640 --> 00:09:57,120 extending the house uh backwards by ten 218 00:09:55,839 --> 00:09:59,760 feet or so 219 00:09:57,120 --> 00:10:01,200 no we extended the house 220 00:09:59,760 --> 00:10:04,080 back was 221 00:10:01,200 --> 00:10:06,320 two additional fee plus today 10 foot a 222 00:10:04,080 --> 00:10:06,320 deck 223 00:10:07,279 --> 00:10:10,959 this will allow mike to have a larger 224 00:10:09,680 --> 00:10:13,680 kitchen yeah we were looking for a 225 00:10:10,959 --> 00:10:15,200 larger kitchen in the house 226 00:10:13,680 --> 00:10:17,519 so we wanted to expand the back of the 227 00:10:15,200 --> 00:10:19,040 house that additional amount was only a 228 00:10:17,519 --> 00:10:21,279 couple of feet three feet something two 229 00:10:19,040 --> 00:10:23,279 or three feet 230 00:10:21,279 --> 00:10:24,640 and uh 231 00:10:23,279 --> 00:10:26,640 that would provide us more room in the 232 00:10:24,640 --> 00:10:29,519 kitchen so that's basically what we were 233 00:10:26,640 --> 00:10:29,519 looking for there 234 00:10:31,200 --> 00:10:36,399 and we'd like to keep that the same you 235 00:10:32,880 --> 00:10:36,399 know the same width as the house 236 00:10:38,480 --> 00:10:41,120 yes 237 00:10:39,839 --> 00:10:43,279 yeah 238 00:10:41,120 --> 00:10:45,680 ask the witnesses some questions they've 239 00:10:43,279 --> 00:10:47,120 got to get a better feel for 240 00:10:45,680 --> 00:10:49,200 what they're 241 00:10:47,120 --> 00:10:51,680 actually proposing to do and how it 242 00:10:49,200 --> 00:10:52,480 compares to the exhibits that we have 243 00:10:51,680 --> 00:10:54,800 yes 244 00:10:52,480 --> 00:10:54,800 okay 245 00:10:55,040 --> 00:10:58,320 so 246 00:10:56,399 --> 00:11:00,640 i ask that 247 00:10:58,320 --> 00:11:02,320 you see this exhibit here this is the 248 00:11:00,640 --> 00:11:04,480 the architectural renderings for the 249 00:11:02,320 --> 00:11:06,160 project and it's the page it shows the 250 00:11:04,480 --> 00:11:07,120 existing 251 00:11:06,160 --> 00:11:09,760 right 252 00:11:07,120 --> 00:11:12,160 rear or side elevation and the proposed 253 00:11:09,760 --> 00:11:14,480 side elevation 254 00:11:12,160 --> 00:11:16,720 and if you look at the top you see that 255 00:11:14,480 --> 00:11:18,959 there are five windows towards the rear 256 00:11:16,720 --> 00:11:20,079 two standard windows and two long thin 257 00:11:18,959 --> 00:11:21,839 windows 258 00:11:20,079 --> 00:11:23,839 then if you look at the bottom the 259 00:11:21,839 --> 00:11:25,920 proposed you see the same pattern of 260 00:11:23,839 --> 00:11:27,200 windows plus two more windows that 261 00:11:25,920 --> 00:11:29,040 extend back 262 00:11:27,200 --> 00:11:30,640 so can you draw a line 263 00:11:29,040 --> 00:11:31,440 through this cross section of what is 264 00:11:30,640 --> 00:11:33,760 new 265 00:11:31,440 --> 00:11:36,320 what would be new on this new in this 266 00:11:33,760 --> 00:11:36,320 elevation 267 00:11:40,640 --> 00:11:43,440 this will renew 268 00:11:43,519 --> 00:11:46,240 existing 269 00:11:47,040 --> 00:11:51,839 right okay so are you telling us that 270 00:11:49,680 --> 00:11:54,000 that is only two feet 271 00:11:51,839 --> 00:11:57,279 no we're saying we're gonna extend this 272 00:11:54,000 --> 00:12:00,240 part out back two feet today 273 00:11:57,279 --> 00:12:03,680 and we're going close today 274 00:12:00,240 --> 00:12:05,760 okay very good so what exists today is 275 00:12:03,680 --> 00:12:08,000 where this new edition is going to be 276 00:12:05,760 --> 00:12:10,480 built is a deck today 277 00:12:08,000 --> 00:12:13,680 so you are in fact extending the house 278 00:12:10,480 --> 00:12:14,880 rearward that's correct and then adding 279 00:12:13,680 --> 00:12:16,959 a deck 280 00:12:14,880 --> 00:12:18,880 for another 10 foot of depth 281 00:12:16,959 --> 00:12:20,880 not another 10 foot we're just going 282 00:12:18,880 --> 00:12:23,519 back to the same footprint as you see 283 00:12:20,880 --> 00:12:25,120 right here this is 10 foot from the 284 00:12:23,519 --> 00:12:26,800 house to the edge of the 285 00:12:25,120 --> 00:12:28,959 edge of the deck 286 00:12:26,800 --> 00:12:31,760 so that that this would give us 287 00:12:28,959 --> 00:12:32,560 this would give us 10 foot on in our 12 288 00:12:31,760 --> 00:12:34,560 foot 289 00:12:32,560 --> 00:12:37,120 total 290 00:12:34,560 --> 00:12:38,880 12 foot of new building space new 291 00:12:37,120 --> 00:12:41,839 building space 292 00:12:38,880 --> 00:12:41,839 yeah i uh thank you 293 00:12:48,320 --> 00:12:53,079 what sheet are you on i'm one sheet 294 00:13:01,200 --> 00:13:05,959 it's actually the same image that i 295 00:13:02,959 --> 00:13:05,959 included 296 00:13:14,560 --> 00:13:19,560 everything to the rear of that is new 297 00:13:16,560 --> 00:13:19,560 construction 298 00:13:22,940 --> 00:13:26,029 [Applause] 299 00:13:28,160 --> 00:13:31,959 almost where that roof 300 00:13:40,480 --> 00:13:44,320 here's the line that he drew 301 00:13:42,079 --> 00:13:47,320 everything to the rear of that is new 302 00:13:44,320 --> 00:13:47,320 construction 303 00:13:50,160 --> 00:13:55,680 so happens that where the new house 304 00:13:52,000 --> 00:13:58,240 petition is proposed a deck exists today 305 00:13:55,680 --> 00:13:58,240 yes that's it 306 00:14:00,000 --> 00:14:04,959 so here's that line he drew everything 307 00:14:02,639 --> 00:14:07,040 to the rear of that is new 308 00:14:04,959 --> 00:14:08,079 completely 309 00:14:07,040 --> 00:14:08,880 you got it 310 00:14:08,079 --> 00:14:11,880 okay 311 00:14:08,880 --> 00:14:11,880 okay 312 00:14:16,639 --> 00:14:19,839 but you did make the point i think that 313 00:14:18,720 --> 00:14:22,240 a deck 314 00:14:19,839 --> 00:14:23,279 exists in that space now or did 315 00:14:22,240 --> 00:14:25,760 previously 316 00:14:23,279 --> 00:14:28,480 it is is we're going back with the same 317 00:14:25,760 --> 00:14:31,040 footprint we're not making it that in a 318 00:14:28,480 --> 00:14:32,560 larger just moving it back 319 00:14:31,040 --> 00:14:33,920 and we still will be worked in 320 00:14:32,560 --> 00:14:37,440 compliance 321 00:14:33,920 --> 00:14:41,120 of the real setback 322 00:14:37,440 --> 00:14:44,120 we have approximately 35 foot 323 00:14:41,120 --> 00:14:44,120 finale 324 00:14:45,199 --> 00:14:51,279 all right do we have any other questions 325 00:14:48,720 --> 00:14:51,279 the applicant 326 00:14:51,519 --> 00:14:56,880 all right with that i'd like to pass it 327 00:14:53,760 --> 00:15:00,160 to uh mr jakubiak for staff report okay 328 00:14:56,880 --> 00:15:00,160 thank you um 329 00:15:02,079 --> 00:15:05,600 so let me first 330 00:15:04,240 --> 00:15:09,040 orient 331 00:15:05,600 --> 00:15:11,360 everyone to the the property uh 332 00:15:09,040 --> 00:15:14,079 on first and also there's a staff report 333 00:15:11,360 --> 00:15:16,480 that i drafted dated september 2nd 334 00:15:14,079 --> 00:15:17,440 2022 and i'd like to enter it into the 335 00:15:16,480 --> 00:15:19,680 record 336 00:15:17,440 --> 00:15:19,680 um 337 00:15:20,160 --> 00:15:23,440 that's acceptable 338 00:15:21,839 --> 00:15:25,360 we will enter that into the record that 339 00:15:23,440 --> 00:15:29,120 report 340 00:15:25,360 --> 00:15:31,120 this house on on uh 3905 according to 341 00:15:29,120 --> 00:15:33,839 the state department of assessments and 342 00:15:31,120 --> 00:15:36,320 taxation was built in 1945. 343 00:15:33,839 --> 00:15:39,600 the lot is small it's a 3 000 square 344 00:15:36,320 --> 00:15:40,959 foot lot it's one of the original 345 00:15:39,600 --> 00:15:43,839 cottage lots 346 00:15:40,959 --> 00:15:46,959 and that feel and character still 347 00:15:43,839 --> 00:15:50,240 evident along 27th street and that kind 348 00:15:46,959 --> 00:15:52,480 of pocket of town a lot of that fabric 349 00:15:50,240 --> 00:15:54,399 of you know small lots little cottages 350 00:15:52,480 --> 00:15:58,320 has changed over time but it still 351 00:15:54,399 --> 00:16:02,639 remains of somewhat intact in that area 352 00:15:58,320 --> 00:16:05,600 um the lot is 3 30 feet wide and 100 353 00:16:02,639 --> 00:16:07,759 feet deep and on page 2 you can see the 354 00:16:05,600 --> 00:16:10,959 subject property i put an arrow to it 355 00:16:07,759 --> 00:16:10,959 there's an exhibit there 356 00:16:12,959 --> 00:16:16,639 is hom is there an 357 00:16:14,480 --> 00:16:18,000 extra copy of the staff report 358 00:16:16,639 --> 00:16:20,000 i don't know that the applicants have a 359 00:16:18,000 --> 00:16:23,839 copy they'll have a copy i want to make 360 00:16:20,000 --> 00:16:23,839 sure they have copies oh thank you 361 00:16:28,560 --> 00:16:31,800 thank you 362 00:16:37,199 --> 00:16:40,320 um 363 00:16:38,240 --> 00:16:43,519 please take note of the the original 364 00:16:40,320 --> 00:16:45,920 platted lines in this part of the middle 365 00:16:43,519 --> 00:16:47,680 subdivision that's what it was called uh 366 00:16:45,920 --> 00:16:49,519 the subject properties of three thousand 367 00:16:47,680 --> 00:16:50,880 square foot lot it's really the mirror 368 00:16:49,519 --> 00:16:54,160 image of the 369 00:16:50,880 --> 00:16:55,920 the two or three lots in that area it so 370 00:16:54,160 --> 00:16:58,880 happens that the house to the right or 371 00:16:55,920 --> 00:17:01,199 to the east side is built 372 00:16:58,880 --> 00:17:03,680 on a combined six thousand square foot 373 00:17:01,199 --> 00:17:05,280 lot the lots are the three thousand plus 374 00:17:03,680 --> 00:17:08,400 three thousand combined to form one 375 00:17:05,280 --> 00:17:09,439 large lot larger lot uh the other two 376 00:17:08,400 --> 00:17:11,600 houses 377 00:17:09,439 --> 00:17:12,559 uh are still on the original three 378 00:17:11,600 --> 00:17:14,959 thousand 379 00:17:12,559 --> 00:17:18,480 as is the house at the intersection of 380 00:17:14,959 --> 00:17:22,000 the alley and 27th street that's your 381 00:17:18,480 --> 00:17:23,520 standard 3000 square foot lot too 382 00:17:22,000 --> 00:17:25,360 so that's a bit of a picture of the 383 00:17:23,520 --> 00:17:27,439 neighborhood this zoning district is 384 00:17:25,360 --> 00:17:29,520 called the residential village 385 00:17:27,439 --> 00:17:32,080 the minimum lot size under current law 386 00:17:29,520 --> 00:17:34,080 is 6 000 square feet so if you were 387 00:17:32,080 --> 00:17:36,960 creating a new lot today it couldn't be 388 00:17:34,080 --> 00:17:38,720 smaller than six thousand 389 00:17:36,960 --> 00:17:41,360 the applicants have a situation that's 390 00:17:38,720 --> 00:17:44,480 we call non-conforming the lots are 391 00:17:41,360 --> 00:17:47,600 legal lots of record platted well before 392 00:17:44,480 --> 00:17:49,919 the town ever had zoning ordinances 393 00:17:47,600 --> 00:17:52,320 and the fact that the house sits 394 00:17:49,919 --> 00:17:54,240 close to the side yard it doesn't make 395 00:17:52,320 --> 00:17:57,200 it in violation i just want to correct 396 00:17:54,240 --> 00:18:00,960 that it's not in violation it's just was 397 00:17:57,200 --> 00:18:00,960 built before the code was adopted 398 00:18:01,039 --> 00:18:05,520 violations happen when construction 399 00:18:03,280 --> 00:18:07,120 takes place without the proper permits 400 00:18:05,520 --> 00:18:10,320 or without the variances that are 401 00:18:07,120 --> 00:18:13,600 necessary so we have an eight foot 402 00:18:10,320 --> 00:18:15,039 setback required on each side yard 403 00:18:13,600 --> 00:18:16,640 because of the small lot and the 404 00:18:15,039 --> 00:18:18,799 existing house 405 00:18:16,640 --> 00:18:21,039 it would be perhaps rather difficult to 406 00:18:18,799 --> 00:18:22,799 get eight feet and how would you do that 407 00:18:21,039 --> 00:18:24,799 well you'd have to 408 00:18:22,799 --> 00:18:26,880 bump in the addition the addition would 409 00:18:24,799 --> 00:18:30,080 have to step inward into the center of 410 00:18:26,880 --> 00:18:31,919 the lot and and go back 411 00:18:30,080 --> 00:18:32,799 uh and if you did that 412 00:18:31,919 --> 00:18:35,600 that 413 00:18:32,799 --> 00:18:37,600 addition could only be 14 feet wide and 414 00:18:35,600 --> 00:18:40,160 i did a little math in this 415 00:18:37,600 --> 00:18:42,320 memo and i messed up and for some reason 416 00:18:40,160 --> 00:18:44,799 the end result was 12. but if you have 417 00:18:42,320 --> 00:18:47,760 30 foot lot and 8 feet on both sides 418 00:18:44,799 --> 00:18:49,840 that's 16 feet you end up with 14. 419 00:18:47,760 --> 00:18:52,400 so the question for the board when we 420 00:18:49,840 --> 00:18:53,600 review the criteria is is it a hardship 421 00:18:52,400 --> 00:18:54,720 to have to 422 00:18:53,600 --> 00:18:56,960 build a 423 00:18:54,720 --> 00:18:59,120 an addition that is only 14 foot wide 424 00:18:56,960 --> 00:19:01,760 that's a question that you may 425 00:18:59,120 --> 00:19:01,760 have to seek 426 00:19:01,840 --> 00:19:06,559 comments from the applicant about 427 00:19:04,320 --> 00:19:07,919 i don't have evidence about that 428 00:19:06,559 --> 00:19:09,600 i can't make a recommendation about 429 00:19:07,919 --> 00:19:12,559 whether this constitutes a hardship or 430 00:19:09,600 --> 00:19:15,520 not but but that's a issue for you to 431 00:19:12,559 --> 00:19:17,360 grapple with clearly there's a physical 432 00:19:15,520 --> 00:19:20,960 condition on this lot 433 00:19:17,360 --> 00:19:23,200 that creates a need for a variance if 434 00:19:20,960 --> 00:19:25,919 someone is going to build 435 00:19:23,200 --> 00:19:29,760 an addition off their house right so 436 00:19:25,919 --> 00:19:31,360 um the question for you is 437 00:19:29,760 --> 00:19:33,679 uh 438 00:19:31,360 --> 00:19:36,320 is it a reasonable proposal 439 00:19:33,679 --> 00:19:38,320 in light of the requirements uh 440 00:19:36,320 --> 00:19:40,559 does the 441 00:19:38,320 --> 00:19:41,600 does the requirements strictly applied 442 00:19:40,559 --> 00:19:42,960 create 443 00:19:41,600 --> 00:19:44,480 uh hardship 444 00:19:42,960 --> 00:19:46,240 uh and when i 445 00:19:44,480 --> 00:19:47,200 face these situations before i often 446 00:19:46,240 --> 00:19:49,440 think about 447 00:19:47,200 --> 00:19:51,360 the interior space 448 00:19:49,440 --> 00:19:53,120 i you know you you might say oh it's 449 00:19:51,360 --> 00:19:54,880 perfectly fine just bump it in comply 450 00:19:53,120 --> 00:19:56,400 with the law strictly have live with a 451 00:19:54,880 --> 00:19:58,080 14 foot 452 00:19:56,400 --> 00:20:02,080 wide addition 453 00:19:58,080 --> 00:20:04,320 even though the house is 22 or 24 foot 454 00:20:02,080 --> 00:20:05,919 but how does this space flow if this is 455 00:20:04,320 --> 00:20:06,960 a bump out of the kitchen can you 456 00:20:05,919 --> 00:20:09,679 actually 457 00:20:06,960 --> 00:20:10,880 operate a kitchen that bumps out only a 458 00:20:09,679 --> 00:20:12,559 portion of the 459 00:20:10,880 --> 00:20:14,080 the width of it that's the kind of 460 00:20:12,559 --> 00:20:15,840 questions you might want to 461 00:20:14,080 --> 00:20:18,559 raise in 462 00:20:15,840 --> 00:20:20,799 in applying these standards 463 00:20:18,559 --> 00:20:23,039 so um 464 00:20:20,799 --> 00:20:24,400 i'm jumping around a bit in my remember 465 00:20:23,039 --> 00:20:27,200 on page three 466 00:20:24,400 --> 00:20:29,039 there is the the the exhibit is shown 467 00:20:27,200 --> 00:20:31,760 there the one that 468 00:20:29,039 --> 00:20:33,679 the architect just drew the line on 469 00:20:31,760 --> 00:20:36,080 and it confirms that in fact the 470 00:20:33,679 --> 00:20:37,360 applicant is proposing to build new 471 00:20:36,080 --> 00:20:39,919 house 472 00:20:37,360 --> 00:20:43,919 addition new construction to the rear of 473 00:20:39,919 --> 00:20:43,919 the lot in addition to a new deck 474 00:20:44,640 --> 00:20:47,679 and it's 475 00:20:46,240 --> 00:20:50,159 not material to me as the zoning 476 00:20:47,679 --> 00:20:52,640 administrator that in the deck exists 477 00:20:50,159 --> 00:20:53,679 existed on that site already this is a 478 00:20:52,640 --> 00:20:54,880 new 479 00:20:53,679 --> 00:20:55,840 construction 480 00:20:54,880 --> 00:20:57,280 um 481 00:20:55,840 --> 00:20:59,600 before we get into the standards i want 482 00:20:57,280 --> 00:21:00,720 to describe a little bit else about 483 00:20:59,600 --> 00:21:01,679 the site 484 00:21:00,720 --> 00:21:03,360 on the 485 00:21:01,679 --> 00:21:06,080 if you're looking at the property on the 486 00:21:03,360 --> 00:21:09,679 right side which would be the west side 487 00:21:06,080 --> 00:21:12,080 the side yard is a bit narrow and 488 00:21:09,679 --> 00:21:14,240 the house next to it is close to its 489 00:21:12,080 --> 00:21:17,200 side your two you can see that on that 490 00:21:14,240 --> 00:21:18,799 flat and it's tall it's a two and a half 491 00:21:17,200 --> 00:21:20,559 story building 492 00:21:18,799 --> 00:21:22,000 the tall structure 493 00:21:20,559 --> 00:21:24,080 on the 494 00:21:22,000 --> 00:21:25,840 left side of the farmer's house or the 495 00:21:24,080 --> 00:21:27,919 east side 496 00:21:25,840 --> 00:21:29,520 the yard is set back the house is set 497 00:21:27,919 --> 00:21:30,720 back a little bit further a little bit 498 00:21:29,520 --> 00:21:32,159 more space 499 00:21:30,720 --> 00:21:34,000 we're not talking about the difference 500 00:21:32,159 --> 00:21:35,840 about a foot or so 501 00:21:34,000 --> 00:21:38,159 but that the house 502 00:21:35,840 --> 00:21:39,360 the adjoining or the neighboring house 503 00:21:38,159 --> 00:21:41,440 because it's 504 00:21:39,360 --> 00:21:45,840 roughly centered on its 6 000 square 505 00:21:41,440 --> 00:21:48,000 foot lot it has a relatively wide yard 506 00:21:45,840 --> 00:21:49,919 and um it is 507 00:21:48,000 --> 00:21:52,880 a small cottage one and a half story 508 00:21:49,919 --> 00:21:54,880 cottage just like the farmer's house is 509 00:21:52,880 --> 00:21:57,039 so you can see that sort of compatible 510 00:21:54,880 --> 00:21:59,840 relationship on one side on the other 511 00:21:57,039 --> 00:22:02,799 side not so much because in the 512 00:21:59,840 --> 00:22:04,000 newer construction on the 513 00:22:02,799 --> 00:22:06,720 west side 514 00:22:04,000 --> 00:22:09,039 kind of towers over the existing cottage 515 00:22:06,720 --> 00:22:09,039 house 516 00:22:10,840 --> 00:22:16,400 so in order to grant the variance the 517 00:22:13,280 --> 00:22:16,400 board of appeals has to 518 00:22:16,720 --> 00:22:19,440 find that 519 00:22:20,960 --> 00:22:26,080 five standards are met 520 00:22:23,520 --> 00:22:27,520 and those standards are discussed on 521 00:22:26,080 --> 00:22:30,799 pages four 522 00:22:27,520 --> 00:22:30,799 five and six of this memo 523 00:22:31,120 --> 00:22:35,280 i provided some information i of course 524 00:22:33,840 --> 00:22:37,120 may not have all the information that 525 00:22:35,280 --> 00:22:38,960 you may feel is necessary and that's why 526 00:22:37,120 --> 00:22:41,440 we hold a public hearing 527 00:22:38,960 --> 00:22:43,520 to hear from the applicants 528 00:22:41,440 --> 00:22:46,159 and anyone in the public you might might 529 00:22:43,520 --> 00:22:50,400 want to speak about the matter 530 00:22:46,159 --> 00:22:50,400 but the first standard is it refers to 531 00:22:50,880 --> 00:22:54,080 states that the granting of variants 532 00:22:52,400 --> 00:22:57,360 shall be in harmony with the general 533 00:22:54,080 --> 00:22:58,880 purpose and intent of this chapter 534 00:22:57,360 --> 00:22:59,919 and by this chapter we mean the zoning 535 00:22:58,880 --> 00:23:01,840 ordinance 536 00:22:59,919 --> 00:23:04,400 and it shall not be injurious to the 537 00:23:01,840 --> 00:23:07,360 neighborhood or otherwise detrimental to 538 00:23:04,400 --> 00:23:09,679 the public welfare 539 00:23:07,360 --> 00:23:12,080 uh and in that 540 00:23:09,679 --> 00:23:15,600 paragraph there i provided 541 00:23:12,080 --> 00:23:16,960 some context for you to consider 542 00:23:15,600 --> 00:23:19,360 i mentioned that the addition would 543 00:23:16,960 --> 00:23:21,600 extend rear word and maintain the 544 00:23:19,360 --> 00:23:24,240 current narrow setbacks in other words 545 00:23:21,600 --> 00:23:25,200 it wouldn't get any closer to the side 546 00:23:24,240 --> 00:23:27,039 lots 547 00:23:25,200 --> 00:23:29,120 lines than 548 00:23:27,039 --> 00:23:31,200 the current house is the house on the 549 00:23:29,120 --> 00:23:33,360 west side is also quite close to the lot 550 00:23:31,200 --> 00:23:35,200 line so the distance between the two 551 00:23:33,360 --> 00:23:36,799 houses is quite small in keeping with 552 00:23:35,200 --> 00:23:41,200 the traditional pattern of cottage 553 00:23:36,799 --> 00:23:41,200 housing in this part of chesapeake beach 554 00:23:41,760 --> 00:23:44,720 which speaks to the nation the notion of 555 00:23:43,520 --> 00:23:46,640 harmony 556 00:23:44,720 --> 00:23:49,360 this addition in my view doesn't disrupt 557 00:23:46,640 --> 00:23:51,280 the harmony that's established out there 558 00:23:49,360 --> 00:23:53,760 it's also in the rear of the lot too so 559 00:23:51,280 --> 00:23:55,600 it's not even visible from the street it 560 00:23:53,760 --> 00:23:57,440 is important to note that the applicants 561 00:23:55,600 --> 00:24:00,000 are proposing a relatively modest 562 00:23:57,440 --> 00:24:02,480 addition and only the first story of the 563 00:24:00,000 --> 00:24:04,080 house is being extended 564 00:24:02,480 --> 00:24:06,880 further over half of the fully 565 00:24:04,080 --> 00:24:09,120 constructed extension would be the deck 566 00:24:06,880 --> 00:24:11,679 while this 10-foot deep deck would be 567 00:24:09,120 --> 00:24:13,120 covered by a roof extending from the 568 00:24:11,679 --> 00:24:15,760 main house 569 00:24:13,120 --> 00:24:17,520 it would otherwise be open in the sides 570 00:24:15,760 --> 00:24:19,679 on the sides and thus not present a 571 00:24:17,520 --> 00:24:20,640 solid wall to the neighbors on either 572 00:24:19,679 --> 00:24:22,240 side 573 00:24:20,640 --> 00:24:25,520 i mentioned this because this does not 574 00:24:22,240 --> 00:24:27,120 appear to create that canyon effect that 575 00:24:25,520 --> 00:24:29,440 mr sharp just mentioned 576 00:24:27,120 --> 00:24:31,679 if this were a two-story addition a 577 00:24:29,440 --> 00:24:33,039 blank wall maybe there's an evaluation 578 00:24:31,679 --> 00:24:36,159 that needs to take place about whether 579 00:24:33,039 --> 00:24:38,559 it creates a situation where it 580 00:24:36,159 --> 00:24:40,480 blocks the air and the light movement 581 00:24:38,559 --> 00:24:43,360 onto the adjoining house 582 00:24:40,480 --> 00:24:44,799 and that's not the case in my view 583 00:24:43,360 --> 00:24:46,880 um 584 00:24:44,799 --> 00:24:48,559 so the second standard 585 00:24:46,880 --> 00:24:50,960 says that the granting the variance will 586 00:24:48,559 --> 00:24:52,960 not permit the existence within the 587 00:24:50,960 --> 00:24:54,240 district of any use which is not 588 00:24:52,960 --> 00:24:56,320 permitted 589 00:24:54,240 --> 00:24:58,799 in the district this is the residential 590 00:24:56,320 --> 00:25:00,960 village district single-family house is 591 00:24:58,799 --> 00:25:03,919 permitted use and the variance doesn't 592 00:25:00,960 --> 00:25:07,120 change the intended use 593 00:25:03,919 --> 00:25:08,799 this will remain a single family house 594 00:25:07,120 --> 00:25:10,640 number three that 595 00:25:08,799 --> 00:25:12,720 there are special circumstances or 596 00:25:10,640 --> 00:25:15,360 conditions 597 00:25:12,720 --> 00:25:17,360 applying to the land or buildings for 598 00:25:15,360 --> 00:25:19,360 which the variance is sought 599 00:25:17,360 --> 00:25:22,960 which circumstances or conditions are 600 00:25:19,360 --> 00:25:25,200 peculiar to such land or buildings and 601 00:25:22,960 --> 00:25:27,039 do not apply generally to land or 602 00:25:25,200 --> 00:25:29,120 buildings in the neighborhood 603 00:25:27,039 --> 00:25:30,640 and that such condition circumstances or 604 00:25:29,120 --> 00:25:32,000 conditions are such that strict 605 00:25:30,640 --> 00:25:34,320 interpretation 606 00:25:32,000 --> 00:25:36,720 of the provisions of this chapter would 607 00:25:34,320 --> 00:25:38,320 deprive the applicant the reasonable use 608 00:25:36,720 --> 00:25:40,320 of such building 609 00:25:38,320 --> 00:25:42,799 land and building 610 00:25:40,320 --> 00:25:45,919 so i've showed you on this 611 00:25:42,799 --> 00:25:49,120 exhibit um this property tax map that 612 00:25:45,919 --> 00:25:51,919 that pattern of little lots 3 000 square 613 00:25:49,120 --> 00:25:55,039 foot lots is a dominant pattern on this 614 00:25:51,919 --> 00:25:56,720 block okay on the adjoining lots however 615 00:25:55,039 --> 00:25:58,240 it's not the dominant pattern within the 616 00:25:56,720 --> 00:26:00,799 general neighborhood they've been 617 00:25:58,240 --> 00:26:02,640 consolidated over time many cases 618 00:26:00,799 --> 00:26:04,960 they've the lot lines have been adjusted 619 00:26:02,640 --> 00:26:06,880 to formally create larger lots the 620 00:26:04,960 --> 00:26:09,200 houses are much larger and wider as you 621 00:26:06,880 --> 00:26:11,279 know the neighborhood so this cottage 622 00:26:09,200 --> 00:26:14,320 pattern what was the dominant pattern 623 00:26:11,279 --> 00:26:16,080 when this subdivision was planted uh in 624 00:26:14,320 --> 00:26:18,320 the 30s and 40s 625 00:26:16,080 --> 00:26:20,960 20s 30s and 40s it's not that way 626 00:26:18,320 --> 00:26:22,880 anymore so in 627 00:26:20,960 --> 00:26:25,360 my view it seems like a relatively 628 00:26:22,880 --> 00:26:27,760 unique situation that we have here 629 00:26:25,360 --> 00:26:29,120 by virtue of passage of time 630 00:26:27,760 --> 00:26:30,960 but that's something that the board 631 00:26:29,120 --> 00:26:33,200 would have to establish that this is a 632 00:26:30,960 --> 00:26:34,720 unique situation 633 00:26:33,200 --> 00:26:37,120 and 634 00:26:34,720 --> 00:26:39,440 not only that the situation presents 635 00:26:37,120 --> 00:26:41,760 a um 636 00:26:39,440 --> 00:26:42,720 is a physical condition 637 00:26:41,760 --> 00:26:44,640 so that 638 00:26:42,720 --> 00:26:46,640 obviously the the physical condition 639 00:26:44,640 --> 00:26:49,360 here is a very narrow lot 640 00:26:46,640 --> 00:26:52,880 and a house that pre-existed the zoning 641 00:26:49,360 --> 00:26:52,880 it is where it is 642 00:26:53,360 --> 00:26:57,200 and 643 00:26:54,880 --> 00:26:59,200 if you strictly interpreted the 644 00:26:57,200 --> 00:27:00,559 provisions of the court the chapter the 645 00:26:59,200 --> 00:27:02,400 zoning ordinance 646 00:27:00,559 --> 00:27:04,720 would these with these uh strict 647 00:27:02,400 --> 00:27:07,679 setbacks deprive the applicant of the 648 00:27:04,720 --> 00:27:09,440 reasonable use of the land 649 00:27:07,679 --> 00:27:11,279 so the question is is reasonable to 650 00:27:09,440 --> 00:27:13,840 build a small addition off the rear and 651 00:27:11,279 --> 00:27:13,840 a new deck 652 00:27:13,919 --> 00:27:19,760 maybe compare that with some other types 653 00:27:15,679 --> 00:27:21,600 of construction that an applicant might 654 00:27:19,760 --> 00:27:22,960 this is a value judgment and this is why 655 00:27:21,600 --> 00:27:24,559 we have citizen 656 00:27:22,960 --> 00:27:26,159 board of appeal members 657 00:27:24,559 --> 00:27:28,240 making those judgments 658 00:27:26,159 --> 00:27:30,640 um 659 00:27:28,240 --> 00:27:33,520 now you have to say establish if there's 660 00:27:30,640 --> 00:27:35,200 a unnecessary hardship if the hardship 661 00:27:33,520 --> 00:27:37,039 is just a general hardship that is 662 00:27:35,200 --> 00:27:38,240 shared generally by land and buildings 663 00:27:37,039 --> 00:27:40,000 in the neighborhood 664 00:27:38,240 --> 00:27:41,039 then the relief shall properly be 665 00:27:40,000 --> 00:27:41,919 obtained 666 00:27:41,039 --> 00:27:45,039 by 667 00:27:41,919 --> 00:27:47,200 legislative action or court review 668 00:27:45,039 --> 00:27:49,840 in other words if this is a problem that 669 00:27:47,200 --> 00:27:53,039 everybody experiences we shouldn't 670 00:27:49,840 --> 00:27:54,640 change the ordinance or change the 671 00:27:53,039 --> 00:27:57,200 how the ordinance is applied just for 672 00:27:54,640 --> 00:27:58,720 one case 673 00:27:57,200 --> 00:27:59,919 the town council should change the 674 00:27:58,720 --> 00:28:02,159 zoning 675 00:27:59,919 --> 00:28:04,799 change the law so that everyone is 676 00:28:02,159 --> 00:28:06,000 treated fairly and you have a new regime 677 00:28:04,799 --> 00:28:08,159 there 678 00:28:06,000 --> 00:28:08,159 so 679 00:28:09,600 --> 00:28:13,200 the question is 680 00:28:11,200 --> 00:28:15,520 in your your mind is this a general 681 00:28:13,200 --> 00:28:16,960 hardship or is it kind of particular to 682 00:28:15,520 --> 00:28:18,240 that particular property and the 683 00:28:16,960 --> 00:28:19,679 applicants 684 00:28:18,240 --> 00:28:24,159 i would tend to think on balance is 685 00:28:19,679 --> 00:28:24,159 particular to this particular location 686 00:28:24,880 --> 00:28:28,240 for the reasons i mentioned earlier but 687 00:28:26,399 --> 00:28:31,279 the lot size and 688 00:28:28,240 --> 00:28:33,360 the older house 689 00:28:31,279 --> 00:28:35,840 that the granting the variants is number 690 00:28:33,360 --> 00:28:37,919 five necessary for the reasonable use of 691 00:28:35,840 --> 00:28:40,559 the land and building 692 00:28:37,919 --> 00:28:42,799 and that the variance as granted by the 693 00:28:40,559 --> 00:28:46,640 board is the minimum variance 694 00:28:42,799 --> 00:28:48,399 that will accomplish this purpose 695 00:28:46,640 --> 00:28:49,919 maybe you need to ask them 696 00:28:48,399 --> 00:28:51,360 the applicant can they live with 697 00:28:49,919 --> 00:28:52,960 something smaller than what they're 698 00:28:51,360 --> 00:28:55,760 actually asking for 699 00:28:52,960 --> 00:28:57,520 it's a reasonable request to ask every 700 00:28:55,760 --> 00:28:58,880 applicant that comes before you if they 701 00:28:57,520 --> 00:29:01,600 say there's no way i could build an 702 00:28:58,880 --> 00:29:04,640 addition uh conforming to the code or 703 00:29:01,600 --> 00:29:06,559 even less than what it is because 704 00:29:04,640 --> 00:29:08,480 naturally the law the walls have to 705 00:29:06,559 --> 00:29:10,000 extend naturally a roof has to extend 706 00:29:08,480 --> 00:29:12,159 off of its current plane you know 707 00:29:10,000 --> 00:29:13,679 there's a real practical and if you make 708 00:29:12,159 --> 00:29:14,960 the determination based on your 709 00:29:13,679 --> 00:29:16,640 questions then i think you've 710 00:29:14,960 --> 00:29:18,720 established findings that would support 711 00:29:16,640 --> 00:29:21,279 this type of criteria 712 00:29:18,720 --> 00:29:22,640 if the applicant says well honestly 713 00:29:21,279 --> 00:29:24,640 technically speaking we could build a 714 00:29:22,640 --> 00:29:26,480 smaller edition then you'd have to say 715 00:29:24,640 --> 00:29:28,799 well maybe you should 716 00:29:26,480 --> 00:29:30,159 just because our job is to apply this 717 00:29:28,799 --> 00:29:30,960 these criteria 718 00:29:30,159 --> 00:29:32,480 and 719 00:29:30,960 --> 00:29:34,159 as faithfully as possible towards 720 00:29:32,480 --> 00:29:35,600 towards implementing the purposes of the 721 00:29:34,159 --> 00:29:37,039 zoning ordinance 722 00:29:35,600 --> 00:29:38,880 and in this respect the purpose of the 723 00:29:37,039 --> 00:29:41,440 zoning ordinance is to keep the side 724 00:29:38,880 --> 00:29:43,200 yards open to extend possibly 725 00:29:41,440 --> 00:29:46,559 so 726 00:29:43,200 --> 00:29:48,960 that's an overall review and um and uh i 727 00:29:46,559 --> 00:29:51,919 hope i i didn't draw it out too long but 728 00:29:48,960 --> 00:29:53,840 i wanted to give a little more context 729 00:29:51,919 --> 00:29:55,679 if you have any questions for me please 730 00:29:53,840 --> 00:29:58,720 ask 731 00:29:55,679 --> 00:30:01,760 does the board have any questions 732 00:29:58,720 --> 00:30:01,760 react on the report 733 00:30:05,360 --> 00:30:08,919 give me one moment 734 00:30:21,360 --> 00:30:25,360 all right um 735 00:30:22,640 --> 00:30:27,360 does the board have any questions 736 00:30:25,360 --> 00:30:30,880 of the applicant 737 00:30:27,360 --> 00:30:30,880 pertaining to the staff report 738 00:30:33,679 --> 00:30:36,840 i don't 739 00:30:37,360 --> 00:30:41,440 and does the applicant have any comments 740 00:30:39,279 --> 00:30:43,919 on the staff report 741 00:30:41,440 --> 00:30:46,159 no we just um 742 00:30:43,919 --> 00:30:49,039 would like to keep the house the way the 743 00:30:46,159 --> 00:30:50,960 plans are if that's all possible 744 00:30:49,039 --> 00:30:52,880 um 745 00:30:50,960 --> 00:30:55,200 in order to keep things 746 00:30:52,880 --> 00:30:57,919 how we wanted to it to look we 747 00:30:55,200 --> 00:30:59,600 purchased a home it's pretty derelict 748 00:30:57,919 --> 00:31:01,279 we're having it repaired from top to 749 00:30:59,600 --> 00:31:03,679 bottom we want to improve the 750 00:31:01,279 --> 00:31:05,039 neighborhood we want to prove 751 00:31:03,679 --> 00:31:06,880 our house it's going to be our 752 00:31:05,039 --> 00:31:08,799 retirement home 753 00:31:06,880 --> 00:31:11,200 we're in the process now of trying to 754 00:31:08,799 --> 00:31:13,120 sell our other house 755 00:31:11,200 --> 00:31:15,360 these delays are 756 00:31:13,120 --> 00:31:17,760 we're taking those into consideration 757 00:31:15,360 --> 00:31:19,679 but i want to thank the board 758 00:31:17,760 --> 00:31:21,520 for hearing our case 759 00:31:19,679 --> 00:31:24,880 and 760 00:31:21,520 --> 00:31:24,880 i hope that you will 761 00:31:25,200 --> 00:31:28,080 be in our favor 762 00:31:28,159 --> 00:31:33,760 thank you 763 00:31:30,080 --> 00:31:36,320 at this point uh i'd like to uh 764 00:31:33,760 --> 00:31:38,559 open up the public comments do we have 765 00:31:36,320 --> 00:31:40,320 to do we have a sign-in sheet 766 00:31:38,559 --> 00:31:42,720 all the comments 767 00:31:40,320 --> 00:31:44,240 there's a sheet up there if anyone 768 00:31:42,720 --> 00:31:48,159 wants to comment 769 00:31:44,240 --> 00:31:48,159 i did get a written comment today 770 00:31:48,320 --> 00:31:50,799 the uh 771 00:31:57,200 --> 00:32:00,240 work i think the written comment you 772 00:31:58,720 --> 00:32:02,720 received today should be made part of 773 00:32:00,240 --> 00:32:02,720 the record 774 00:32:08,159 --> 00:32:12,559 hello my name is jody hoonstar 775 00:32:10,720 --> 00:32:14,960 and i am the 776 00:32:12,559 --> 00:32:15,840 neighbor to the tall house to the side 777 00:32:14,960 --> 00:32:19,120 um 778 00:32:15,840 --> 00:32:20,159 and i wanted to speak my support uh for 779 00:32:19,120 --> 00:32:22,960 this plan 780 00:32:20,159 --> 00:32:24,960 um in in my neighborhood i've lived here 781 00:32:22,960 --> 00:32:27,360 since 2017. i've seen 782 00:32:24,960 --> 00:32:29,440 a fair number of houses of this style 783 00:32:27,360 --> 00:32:30,720 um get some form of attention some have 784 00:32:29,440 --> 00:32:33,279 pre-existed some of them have been 785 00:32:30,720 --> 00:32:35,360 remodeled since then um it's this kind 786 00:32:33,279 --> 00:32:36,640 of old style cottage roof that you see 787 00:32:35,360 --> 00:32:38,159 in the plans 788 00:32:36,640 --> 00:32:40,399 but it seems like people moving into the 789 00:32:38,159 --> 00:32:42,960 neighborhood find that it's just a 790 00:32:40,399 --> 00:32:45,360 little bit a little bit too little um in 791 00:32:42,960 --> 00:32:46,240 terms of what maybe a house we expect to 792 00:32:45,360 --> 00:32:47,919 live in 793 00:32:46,240 --> 00:32:49,440 uh in these days so 794 00:32:47,919 --> 00:32:51,440 a lot of the other renovations typically 795 00:32:49,440 --> 00:32:53,360 move sideways um 796 00:32:51,440 --> 00:32:56,159 there have been a couple that tried to 797 00:32:53,360 --> 00:32:57,519 go up and then ended up just going 798 00:32:56,159 --> 00:33:00,399 sideways anyway i assume because it 799 00:32:57,519 --> 00:33:02,960 caused concerns so um but in this case 800 00:33:00,399 --> 00:33:05,360 um they're very close to the the 801 00:33:02,960 --> 00:33:06,880 neighbor lot lines and there's no way to 802 00:33:05,360 --> 00:33:09,360 extend sideways on this particular 803 00:33:06,880 --> 00:33:11,600 property um the house is already set 804 00:33:09,360 --> 00:33:14,080 pretty far forward in the lot 805 00:33:11,600 --> 00:33:16,320 um and so from from my neighborly 806 00:33:14,080 --> 00:33:18,320 perspective uh the only reasonable thing 807 00:33:16,320 --> 00:33:19,679 to do is build back they're kind of 808 00:33:18,320 --> 00:33:21,360 taking the house and building back into 809 00:33:19,679 --> 00:33:22,240 the property that they own 810 00:33:21,360 --> 00:33:24,320 um 811 00:33:22,240 --> 00:33:26,159 and uh there's some some mix of house 812 00:33:24,320 --> 00:33:28,240 and deck there um 813 00:33:26,159 --> 00:33:29,279 but i think that's uh pretty reasonable 814 00:33:28,240 --> 00:33:30,640 for what 815 00:33:29,279 --> 00:33:31,919 uh all the other people in our 816 00:33:30,640 --> 00:33:33,360 neighborhood who have a similar lot and 817 00:33:31,919 --> 00:33:34,880 similar stop house have been doing over 818 00:33:33,360 --> 00:33:36,159 the past couple years 819 00:33:34,880 --> 00:33:38,240 um 820 00:33:36,159 --> 00:33:40,640 and uh and it does uh improve the 821 00:33:38,240 --> 00:33:42,240 neighborhood um it is a a net 822 00:33:40,640 --> 00:33:43,840 improvement from when i've moved in 823 00:33:42,240 --> 00:33:45,200 these uh the renovations of this old 824 00:33:43,840 --> 00:33:46,399 style housing 825 00:33:45,200 --> 00:33:47,679 um 826 00:33:46,399 --> 00:33:50,000 and uh 827 00:33:47,679 --> 00:33:51,840 yeah i i think in this case uh if the 828 00:33:50,000 --> 00:33:53,760 zoning purpose is is to keep the side 829 00:33:51,840 --> 00:33:55,600 yard open um 830 00:33:53,760 --> 00:33:57,039 bringing the house back in alignment 831 00:33:55,600 --> 00:33:58,880 with the currently existing side yard 832 00:33:57,039 --> 00:34:01,679 and you know avoiding building a huge 833 00:33:58,880 --> 00:34:03,039 wall next to your neighbors um it sounds 834 00:34:01,679 --> 00:34:04,640 like that's all been 835 00:34:03,039 --> 00:34:06,559 taken care of from 836 00:34:04,640 --> 00:34:09,200 from my perspective 837 00:34:06,559 --> 00:34:11,200 so that's all i had to say opinions uh 838 00:34:09,200 --> 00:34:13,760 appreciate the time thank you 839 00:34:11,200 --> 00:34:13,760 all right thank you 840 00:34:14,079 --> 00:34:21,720 um and we did as uh was mentioned we did 841 00:34:17,280 --> 00:34:21,720 get one written public comment 842 00:34:21,919 --> 00:34:26,079 has the applicant seen that public 843 00:34:23,679 --> 00:34:29,359 comment no we have it 844 00:34:26,079 --> 00:34:30,879 that just came in today at four o'clock 845 00:34:29,359 --> 00:34:32,240 bought a copy 846 00:34:30,879 --> 00:34:35,399 i'll provide a copy of it all right 847 00:34:32,240 --> 00:34:35,399 thank you 848 00:35:14,880 --> 00:35:17,880 refrigerator 849 00:35:42,079 --> 00:35:45,520 right 850 00:35:43,520 --> 00:35:46,880 and and just summarizing the written 851 00:35:45,520 --> 00:35:49,920 comment 852 00:35:46,880 --> 00:35:52,640 uh from from susan webster page 853 00:35:49,920 --> 00:35:54,000 of 3907 27th street 854 00:35:52,640 --> 00:35:57,200 who expressed the concern about 855 00:35:54,000 --> 00:35:57,200 stormwater drainage 856 00:35:57,520 --> 00:36:01,920 we can go back 857 00:35:59,760 --> 00:36:03,040 and i discussed it shortly let me oh i'm 858 00:36:01,920 --> 00:36:04,640 retired i thought we would hold off 859 00:36:03,040 --> 00:36:06,640 please are there any other public 860 00:36:04,640 --> 00:36:09,359 comments 861 00:36:06,640 --> 00:36:09,359 those comments 862 00:36:10,320 --> 00:36:16,720 hearing none i would close public 863 00:36:13,520 --> 00:36:18,640 comments and ask the applicant if uh 864 00:36:16,720 --> 00:36:20,160 they have any rebuttal or any additional 865 00:36:18,640 --> 00:36:21,920 comments on 866 00:36:20,160 --> 00:36:24,640 anything that's been said 867 00:36:21,920 --> 00:36:28,160 based on what i'm looking at 868 00:36:24,640 --> 00:36:30,560 if we go back and put a french drain 869 00:36:28,160 --> 00:36:34,960 with a water roll backwards 870 00:36:30,560 --> 00:36:34,960 then we're in violation of the virus 871 00:36:36,640 --> 00:36:42,320 that's what you said 872 00:36:39,359 --> 00:36:43,359 we applying for variants on both sides 873 00:36:42,320 --> 00:36:44,160 and then we 874 00:36:43,359 --> 00:36:46,480 and 875 00:36:44,160 --> 00:36:47,599 neighbors complain about a storm water 876 00:36:46,480 --> 00:36:51,359 management 877 00:36:47,599 --> 00:36:53,599 if we go back and put a fresh drain 878 00:36:51,359 --> 00:36:54,480 that will pitch the water backwards and 879 00:36:53,599 --> 00:36:56,400 when 880 00:36:54,480 --> 00:36:59,839 you don't hurt properly then we're in 881 00:36:56,400 --> 00:36:59,839 violation of the virus 882 00:37:03,119 --> 00:37:07,280 because there's an eight foot 883 00:37:04,720 --> 00:37:10,480 requirement and we only have three we 884 00:37:07,280 --> 00:37:10,480 requested three info 885 00:37:10,880 --> 00:37:14,240 you follow me 886 00:37:12,480 --> 00:37:17,440 um running along the side of the house 887 00:37:14,240 --> 00:37:19,359 basically yes i follow you um now is 888 00:37:17,440 --> 00:37:20,240 that a is that something we need to get 889 00:37:19,359 --> 00:37:22,960 a 890 00:37:20,240 --> 00:37:22,960 face damage 891 00:37:27,040 --> 00:37:31,520 if there were 892 00:37:29,119 --> 00:37:32,640 a storm water or drainage issue 893 00:37:31,520 --> 00:37:34,320 it's afraid 894 00:37:32,640 --> 00:37:36,720 i mean we don't i don't know if that's a 895 00:37:34,320 --> 00:37:38,079 fact or not right we don't either um 896 00:37:36,720 --> 00:37:40,880 okay you don't know you're just 897 00:37:38,079 --> 00:37:41,839 responding like hypothetically 898 00:37:40,880 --> 00:37:43,839 um 899 00:37:41,839 --> 00:37:45,599 one possible approach would be due to do 900 00:37:43,839 --> 00:37:48,320 a french drain that would run parallel 901 00:37:45,599 --> 00:37:50,560 to the lot line escape yes 902 00:37:48,320 --> 00:37:53,119 and um you can do that that's not a 903 00:37:50,560 --> 00:37:54,560 structure that doesn't violate the 904 00:37:53,119 --> 00:37:56,400 setbacks 905 00:37:54,560 --> 00:37:58,000 uh that is a 906 00:37:56,400 --> 00:37:58,880 reasonable approach and it's allowed 907 00:37:58,000 --> 00:38:01,280 within 908 00:37:58,880 --> 00:38:03,280 the side yard yeah 909 00:38:01,280 --> 00:38:05,119 the um 910 00:38:03,280 --> 00:38:06,800 but we would look at that as part of the 911 00:38:05,119 --> 00:38:07,680 site plan we just have to review your 912 00:38:06,800 --> 00:38:09,839 plan 913 00:38:07,680 --> 00:38:12,400 the applicant's property is also within 914 00:38:09,839 --> 00:38:15,280 the chesapeake bay critical area 915 00:38:12,400 --> 00:38:17,440 so there is a requirement to mitigate 916 00:38:15,280 --> 00:38:19,040 for the additional lot coverage that is 917 00:38:17,440 --> 00:38:20,640 being proposed here 918 00:38:19,040 --> 00:38:23,920 and the way that we typically do it 919 00:38:20,640 --> 00:38:26,000 under state guidance is to require 920 00:38:23,920 --> 00:38:27,760 additional tree or 921 00:38:26,000 --> 00:38:30,000 shrub plantings 922 00:38:27,760 --> 00:38:32,960 and if there are any specific 923 00:38:30,000 --> 00:38:35,119 instances of water being visible leaving 924 00:38:32,960 --> 00:38:35,839 the site we fix that 925 00:38:35,119 --> 00:38:38,400 as 926 00:38:35,839 --> 00:38:40,160 you suggested but the one 927 00:38:38,400 --> 00:38:41,599 way that many people also do that is 928 00:38:40,160 --> 00:38:42,720 through i think i heard you mention a 929 00:38:41,599 --> 00:38:43,599 rain barrel 930 00:38:42,720 --> 00:38:44,960 which 931 00:38:43,599 --> 00:38:46,800 slows the 932 00:38:44,960 --> 00:38:49,440 release of the water 933 00:38:46,800 --> 00:38:51,680 onto the ground so we would address that 934 00:38:49,440 --> 00:38:53,760 issue at site plan approval 935 00:38:51,680 --> 00:38:55,680 unless it was a issue of such concern 936 00:38:53,760 --> 00:38:58,680 that you needed to address 937 00:38:55,680 --> 00:38:58,680 tonight 938 00:39:01,280 --> 00:39:05,680 that also be the case um with the 939 00:39:04,480 --> 00:39:07,520 french drain 940 00:39:05,680 --> 00:39:09,040 it would be addressed at 941 00:39:07,520 --> 00:39:10,320 site approval 942 00:39:09,040 --> 00:39:12,400 yes if it was 943 00:39:10,320 --> 00:39:14,400 if if we determined that drainage was an 944 00:39:12,400 --> 00:39:16,320 issue or potentially was an issue 945 00:39:14,400 --> 00:39:18,000 that's something we could require we 946 00:39:16,320 --> 00:39:20,400 wouldn't require it unless there was 947 00:39:18,000 --> 00:39:22,160 clear evidence that it was necessary and 948 00:39:20,400 --> 00:39:24,640 the french drain was necessary to solve 949 00:39:22,160 --> 00:39:24,640 the problem 950 00:39:26,240 --> 00:39:30,640 all right if uh are there any other 951 00:39:28,560 --> 00:39:33,520 comments 952 00:39:30,640 --> 00:39:35,680 hearing none closing the public hearing 953 00:39:33,520 --> 00:39:37,200 and entertain i will entertain a motion 954 00:39:35,680 --> 00:39:39,200 to uh 955 00:39:37,200 --> 00:39:42,200 board to begin deliberation on the 956 00:39:39,200 --> 00:39:42,200 application 957 00:39:42,240 --> 00:39:44,960 your emotions 958 00:39:45,839 --> 00:39:51,119 liberation 959 00:39:48,000 --> 00:39:51,119 second a second 960 00:39:52,000 --> 00:39:54,800 so um 961 00:39:55,359 --> 00:39:58,720 do either of the other board members 962 00:39:56,880 --> 00:40:00,880 have any comments 963 00:39:58,720 --> 00:40:03,680 i have one um i'm sorry 964 00:40:00,880 --> 00:40:06,560 um yeah i agree with this with the the 965 00:40:03,680 --> 00:40:08,320 storm water drainage system that's 966 00:40:06,560 --> 00:40:10,480 very vague i mean 967 00:40:08,320 --> 00:40:11,760 you need some kind of proof to say that 968 00:40:10,480 --> 00:40:13,200 the water is 969 00:40:11,760 --> 00:40:15,359 dumping down on your property i mean 970 00:40:13,200 --> 00:40:16,800 that's just i understand the concerns i 971 00:40:15,359 --> 00:40:18,079 get this is the bay there's water coming 972 00:40:16,800 --> 00:40:19,520 from everywhere 973 00:40:18,079 --> 00:40:21,440 but you just haven't have to have 974 00:40:19,520 --> 00:40:23,119 something more and just assuming it's 975 00:40:21,440 --> 00:40:24,960 going to be your property that's going 976 00:40:23,119 --> 00:40:26,960 to damage it so i mean 977 00:40:24,960 --> 00:40:28,480 i get the concerns but i mean if you had 978 00:40:26,960 --> 00:40:31,359 some type of 979 00:40:28,480 --> 00:40:33,680 evidence as mr kubiak said like 980 00:40:31,359 --> 00:40:33,680 um 981 00:40:33,760 --> 00:40:36,640 i mean i don't 982 00:40:35,119 --> 00:40:39,040 really see an issue with 983 00:40:36,640 --> 00:40:39,040 going 984 00:40:41,760 --> 00:40:46,000 so i think 985 00:40:43,599 --> 00:40:48,560 this variance kind of makes sense 986 00:40:46,000 --> 00:40:52,119 because it's going rearward 987 00:40:48,560 --> 00:40:52,119 to follow the house 988 00:40:52,960 --> 00:40:58,800 um my comments i i guess um 989 00:40:56,880 --> 00:41:00,960 given that the uh 990 00:40:58,800 --> 00:41:03,440 any potential drainage issues would be 991 00:41:00,960 --> 00:41:03,440 addressed 992 00:41:03,760 --> 00:41:10,240 during the approval of the site plan 993 00:41:07,359 --> 00:41:10,240 i think the 994 00:41:11,520 --> 00:41:16,160 of a comment received 995 00:41:13,520 --> 00:41:19,520 would take care of that 996 00:41:16,160 --> 00:41:22,240 that owner's concern 997 00:41:19,520 --> 00:41:24,240 i do believe that that the 998 00:41:22,240 --> 00:41:27,920 five criteria 999 00:41:24,240 --> 00:41:27,920 for branding of variance has been met 1000 00:41:28,400 --> 00:41:33,160 that uh 1001 00:41:29,839 --> 00:41:33,160 the uh 1002 00:41:34,400 --> 00:41:40,880 plan that the applicant has is 1003 00:41:36,800 --> 00:41:44,160 has a relatively small impact 1004 00:41:40,880 --> 00:41:44,160 on the lot and on the area 1005 00:41:47,520 --> 00:41:51,680 i have no additional 1006 00:41:49,200 --> 00:41:51,680 comments 1007 00:41:53,599 --> 00:41:58,800 uh at this point uh i'd like to call for 1008 00:41:56,160 --> 00:42:01,800 a vote on the application from the board 1009 00:41:58,800 --> 00:42:01,800 members 1010 00:42:02,880 --> 00:42:07,440 i think the appropriate 1011 00:42:04,880 --> 00:42:10,319 way to proceed would be to entertain a 1012 00:42:07,440 --> 00:42:11,359 motion from a member of the board to 1013 00:42:10,319 --> 00:42:12,640 either 1014 00:42:11,359 --> 00:42:14,319 approve 1015 00:42:12,640 --> 00:42:17,680 uh 1016 00:42:14,319 --> 00:42:21,680 to directly council to the board to 1017 00:42:17,680 --> 00:42:23,839 either approve or deny the application 1018 00:42:21,680 --> 00:42:27,040 and as we did with the last one i'll 1019 00:42:23,839 --> 00:42:29,119 prepare a resolution to approve or deny 1020 00:42:27,040 --> 00:42:31,839 give it to you all you and then you'll 1021 00:42:29,119 --> 00:42:31,839 come 1022 00:42:33,040 --> 00:42:38,319 it'll change your mind until you make 1023 00:42:35,440 --> 00:42:38,319 the final approval 1024 00:42:39,040 --> 00:42:41,920 right 1025 00:42:40,480 --> 00:42:45,839 so we hear a motion 1026 00:42:41,920 --> 00:42:45,839 to approve the application 1027 00:42:48,000 --> 00:42:50,319 motion would be 1028 00:42:49,599 --> 00:42:52,800 to 1029 00:42:50,319 --> 00:42:55,760 directly counsel to the board to prepare 1030 00:42:52,800 --> 00:42:59,400 a resolution to 1031 00:42:55,760 --> 00:42:59,400 prove or deny 1032 00:43:08,960 --> 00:43:12,520 to prepare resolutions 1033 00:43:16,720 --> 00:43:20,000 one favor of that motion 1034 00:43:21,200 --> 00:43:23,599 so yeah 1035 00:43:24,640 --> 00:43:27,839 emotions motion's been approved 1036 00:43:31,119 --> 00:43:37,119 so uh uh mr sussman our town attorney 1037 00:43:34,319 --> 00:43:39,200 will prepare draft resolution 1038 00:43:37,119 --> 00:43:41,599 right now attorneys for 1039 00:43:39,200 --> 00:43:43,680 counsel to the board of justice i will 1040 00:43:41,599 --> 00:43:45,520 prepare a draft resolution 1041 00:43:43,680 --> 00:43:48,800 circulated to you with 1042 00:43:45,520 --> 00:43:48,800 comments to come back to me 1043 00:43:51,040 --> 00:43:54,040 notified 1044 00:44:03,599 --> 00:44:08,720 just a point of clarification and then 1045 00:44:06,640 --> 00:44:11,200 and only then could i issue a zoning 1046 00:44:08,720 --> 00:44:13,200 permit to authorize the construction so 1047 00:44:11,200 --> 00:44:15,040 we still have to wait for 1048 00:44:13,200 --> 00:44:16,400 this board to sign their official 1049 00:44:15,040 --> 00:44:19,280 decision before you can start 1050 00:44:16,400 --> 00:44:21,440 construction again oh yes you did yeah 1051 00:44:19,280 --> 00:44:23,280 always get that question and um 1052 00:44:21,440 --> 00:44:25,040 fortunately i have to disappoint people 1053 00:44:23,280 --> 00:44:27,440 so i wanted the board to disappoint you 1054 00:44:25,040 --> 00:44:27,440 this time 1055 00:44:29,040 --> 00:44:34,240 is hurting us financially 1056 00:44:31,839 --> 00:44:34,240 waiting 1057 00:44:34,960 --> 00:44:37,839 says 1058 00:45:03,280 --> 00:45:06,720 thank the board very much thank you very 1059 00:45:04,800 --> 00:45:09,040 much i'd like to make a motion uh would 1060 00:45:06,720 --> 00:45:09,920 like to hear a motion uh to adjourn the 1061 00:45:09,040 --> 00:45:12,160 meeting 1062 00:45:09,920 --> 00:45:14,640 we still have more on the agenda last 1063 00:45:12,160 --> 00:45:18,920 time josh all right 1064 00:45:14,640 --> 00:45:18,920 again thank you thank you 1065 00:45:30,319 --> 00:45:33,839 how long are these a week or two mr 1066 00:45:32,079 --> 00:45:35,359 sussman gets the paperwork schedule a 1067 00:45:33,839 --> 00:45:38,920 meeting it's posted 1068 00:45:35,359 --> 00:45:38,920 we all get back together 1069 00:45:47,680 --> 00:45:52,560 i think the 1070 00:45:49,119 --> 00:45:53,920 uh you don't mind mr doherty 1071 00:45:52,560 --> 00:45:55,359 last thing i think we want to take a 1072 00:45:53,920 --> 00:45:58,560 look at is uh 1073 00:45:55,359 --> 00:46:00,240 board rules and procedures um 1074 00:45:58,560 --> 00:46:02,160 everyone had a chance i know we had a 1075 00:46:00,240 --> 00:46:03,280 copy emailed and there's a copy here in 1076 00:46:02,160 --> 00:46:04,640 front of us 1077 00:46:03,280 --> 00:46:05,839 um 1078 00:46:04,640 --> 00:46:08,640 or the 1079 00:46:05,839 --> 00:46:09,520 uh board of appeals rules and procedures 1080 00:46:08,640 --> 00:46:11,359 um 1081 00:46:09,520 --> 00:46:14,000 as far as i'm aware one of the the only 1082 00:46:11,359 --> 00:46:16,400 changes we were 1083 00:46:14,000 --> 00:46:18,240 considering was whether or not to extend 1084 00:46:16,400 --> 00:46:20,160 the term for the chair and the vice 1085 00:46:18,240 --> 00:46:22,800 chair considering we only meet 1086 00:46:20,160 --> 00:46:24,319 a handful of times a year 1087 00:46:22,800 --> 00:46:25,839 and whether or not we want it right now 1088 00:46:24,319 --> 00:46:27,359 i think it's every year 1089 00:46:25,839 --> 00:46:29,839 whether we wanted to bump that up to two 1090 00:46:27,359 --> 00:46:29,839 years 1091 00:46:31,760 --> 00:46:36,880 it seems reasonable to me 1092 00:46:34,720 --> 00:46:38,640 i'm happy to 1093 00:46:36,880 --> 00:46:40,240 leave it or entertain other suggestions 1094 00:46:38,640 --> 00:46:43,400 or any other other rule changes that 1095 00:46:40,240 --> 00:46:43,400 kind of 1096 00:46:44,240 --> 00:46:47,839 aaron uh you 1097 00:46:48,480 --> 00:46:53,280 if i may ask sharon is the 1098 00:46:51,680 --> 00:46:55,520 term of office 1099 00:46:53,280 --> 00:46:57,200 of the chair and the vice year in the 1100 00:46:55,520 --> 00:46:59,440 zoning ordinance as well as the rules of 1101 00:46:57,200 --> 00:47:01,839 procedure just the rules procedure if 1102 00:46:59,440 --> 00:47:03,839 you know i know it's in the zoning 1103 00:47:01,839 --> 00:47:06,000 ordinance 1104 00:47:03,839 --> 00:47:08,480 so it would have to be a 1105 00:47:06,000 --> 00:47:10,720 ordinance change if we did anything so 1106 00:47:08,480 --> 00:47:13,760 if it's the sense of the if that's 1107 00:47:10,720 --> 00:47:15,520 correct and if it's the sense of the 1108 00:47:13,760 --> 00:47:18,400 members of the board that they would 1109 00:47:15,520 --> 00:47:20,800 like to see uh the term of office of the 1110 00:47:18,400 --> 00:47:23,280 chair of vice chair at two or three 1111 00:47:20,800 --> 00:47:24,880 years or something other than one year 1112 00:47:23,280 --> 00:47:27,520 then i think it would be appropriate for 1113 00:47:24,880 --> 00:47:27,520 the board to 1114 00:47:27,920 --> 00:47:33,839 adopt a motion to recommend to the mayor 1115 00:47:31,599 --> 00:47:35,040 and council a 1116 00:47:33,839 --> 00:47:36,240 change 1117 00:47:35,040 --> 00:47:40,319 in the 1118 00:47:36,240 --> 00:47:43,280 town code to that term and then if the 1119 00:47:40,319 --> 00:47:44,319 mayor and council uh adopt an ordinance 1120 00:47:43,280 --> 00:47:46,640 to 1121 00:47:44,319 --> 00:47:50,560 make that change then we'd come back and 1122 00:47:46,640 --> 00:47:52,400 amend the rules of procedure accordingly 1123 00:47:50,560 --> 00:47:54,160 uh that sounds good um 1124 00:47:52,400 --> 00:47:56,640 does anyone have thoughts or opinions on 1125 00:47:54,160 --> 00:47:56,640 that before 1126 00:47:57,280 --> 00:48:01,520 um i i would be in favor of extending 1127 00:47:59,680 --> 00:48:03,359 the term 1128 00:48:01,520 --> 00:48:04,640 uh in that case then i think we'll just 1129 00:48:03,359 --> 00:48:08,079 go ahead and 1130 00:48:04,640 --> 00:48:10,400 um put up a vote to adopt a motion to uh 1131 00:48:08,079 --> 00:48:11,839 send a uh notice to the mayor of the 1132 00:48:10,400 --> 00:48:13,520 council to 1133 00:48:11,839 --> 00:48:16,160 make a change to the 1134 00:48:13,520 --> 00:48:16,160 zoning warden 1135 00:48:16,319 --> 00:48:20,400 the zoning ordinance to extend the term 1136 00:48:18,160 --> 00:48:24,240 for um board of appeals 1137 00:48:20,400 --> 00:48:24,240 chair and vice chair and nominees 1138 00:48:27,280 --> 00:48:30,800 so 1139 00:48:28,160 --> 00:48:30,800 how did we find 1140 00:48:32,160 --> 00:48:37,119 i guess are we ready to vote on 1141 00:48:34,720 --> 00:48:37,119 emotion 1142 00:48:41,520 --> 00:48:47,119 all right let's uh let's put on a vote 1143 00:48:44,160 --> 00:48:48,720 uh all in favor 1144 00:48:47,119 --> 00:48:51,599 hi 1145 00:48:48,720 --> 00:48:54,160 hi uh unanimously approved so 1146 00:48:51,599 --> 00:48:57,920 at the co-see mr sussman for 1147 00:48:54,160 --> 00:48:57,920 graphing motion or you're graphing the 1148 00:48:58,400 --> 00:49:03,839 how do we get the paperwork to the 1149 00:49:00,839 --> 00:49:06,559 yeah sarah what would you recommend 1150 00:49:03,839 --> 00:49:09,440 sarah what would you recommend uh that 1151 00:49:06,559 --> 00:49:11,599 the motion be reflected in a minute and 1152 00:49:09,440 --> 00:49:14,079 that you as clerk uh send the 1153 00:49:11,599 --> 00:49:16,960 communication to the mayor uh that the 1154 00:49:14,079 --> 00:49:18,160 board adopted this motion 1155 00:49:16,960 --> 00:49:20,319 and 1156 00:49:18,160 --> 00:49:22,480 leave it up to the mayor and council to 1157 00:49:20,319 --> 00:49:26,079 decide how they would like to proceed on 1158 00:49:22,480 --> 00:49:28,640 the motion as a request to the board 1159 00:49:26,079 --> 00:49:31,760 yeah i can do that 1160 00:49:28,640 --> 00:49:34,319 what did you want to extend the term to 1161 00:49:31,760 --> 00:49:36,559 two years three years let's do two years 1162 00:49:34,319 --> 00:49:38,640 two years it's not overly burdensome to 1163 00:49:36,559 --> 00:49:40,960 do this every year but uh 1164 00:49:38,640 --> 00:49:40,960 okay 1165 00:49:41,839 --> 00:49:45,200 thank you uh 1166 00:49:43,280 --> 00:49:47,040 are there any other 1167 00:49:45,200 --> 00:49:49,599 objections changes considerations we 1168 00:49:47,040 --> 00:49:52,960 want to make to 1169 00:49:49,599 --> 00:49:52,960 yeah rules and procedures 1170 00:49:56,079 --> 00:50:02,319 i did receive i did read the uh 1171 00:49:58,559 --> 00:50:02,319 procedures and i have no comments on 1172 00:50:03,839 --> 00:50:06,480 but 1173 00:50:04,640 --> 00:50:08,000 uh the only thing that this is probably 1174 00:50:06,480 --> 00:50:08,800 more administrative than rules but it 1175 00:50:08,000 --> 00:50:10,880 would 1176 00:50:08,800 --> 00:50:12,480 it would be nice if i know things have 1177 00:50:10,880 --> 00:50:13,920 to be posted publicly for a certain 1178 00:50:12,480 --> 00:50:16,319 amount of time and it takes time for 1179 00:50:13,920 --> 00:50:17,119 staff to prepare paperwork 1180 00:50:16,319 --> 00:50:19,520 um 1181 00:50:17,119 --> 00:50:22,160 if there's any way that uh 1182 00:50:19,520 --> 00:50:25,200 we can squeeze the time between 1183 00:50:22,160 --> 00:50:26,559 someone filing and us meeting i mean we 1184 00:50:25,200 --> 00:50:28,480 might be 1185 00:50:26,559 --> 00:50:29,839 we might be meeting as quickly as as 1186 00:50:28,480 --> 00:50:31,440 humanly possible 1187 00:50:29,839 --> 00:50:34,400 but 1188 00:50:31,440 --> 00:50:36,400 if there's any any way that we can uh 1189 00:50:34,400 --> 00:50:37,839 having seen how long it took the 1190 00:50:36,400 --> 00:50:39,920 neighbors when the softwork order went 1191 00:50:37,839 --> 00:50:41,599 down to when we finally actually got to 1192 00:50:39,920 --> 00:50:42,480 hear from him it was uh it was a fairly 1193 00:50:41,599 --> 00:50:43,680 long 1194 00:50:42,480 --> 00:50:45,520 amount of time from someone who's 1195 00:50:43,680 --> 00:50:46,880 actually having the work done so 1196 00:50:45,520 --> 00:50:49,359 um i don't think there's anything the 1197 00:50:46,880 --> 00:50:51,200 rules directly for that so maybe 1198 00:50:49,359 --> 00:50:52,000 if there's nothing we can do 1199 00:50:51,200 --> 00:50:55,520 um 1200 00:50:52,000 --> 00:50:58,240 well in the zoning code it does 1201 00:50:55,520 --> 00:51:00,960 have the procedure as to you know the 1202 00:50:58,240 --> 00:51:02,079 time the length of posting yeah and all 1203 00:51:00,960 --> 00:51:04,319 of that 1204 00:51:02,079 --> 00:51:04,319 um 1205 00:51:05,440 --> 00:51:10,880 but i mean as long as i can get the uh 1206 00:51:07,920 --> 00:51:12,640 advertisement in 1207 00:51:10,880 --> 00:51:15,040 and the posting 1208 00:51:12,640 --> 00:51:15,040 you know 1209 00:51:15,280 --> 00:51:22,640 we maybe could do it in 30 days 1210 00:51:18,800 --> 00:51:22,640 you know if everything is 1211 00:51:25,359 --> 00:51:30,400 yeah we'll just we'll just try our best 1212 00:51:26,960 --> 00:51:30,400 and if anything needs to change 1213 00:51:31,760 --> 00:51:37,559 okay um 1214 00:51:33,599 --> 00:51:37,559 any other business before the board 1215 00:51:38,640 --> 00:51:42,480 case i make a motion 1216 00:51:40,480 --> 00:51:44,800 to adjourn do i have a second i'll 1217 00:51:42,480 --> 00:51:48,040 second it all right meeting adjourned 1218 00:51:44,800 --> 00:51:48,040 thank you everybody 1219 00:51:57,119 --> 00:52:00,119 so 1220 00:52:04,160 --> 00:52:07,160 um