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ordinance

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yeah

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I thought about that

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we're ready to go

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thank you

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uh all right everybody I think we're

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going to get started here

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um this is the board of appeals meeting

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7 PM July 31st 2023

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um as a first item on the agenda we do

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have a new member joining the board here

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uh Miss Amy Everett uh welcome is there

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anything you'd like to say

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hello hi welcome

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um okay and uh I guess as a kind of

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overview to what we do here particularly

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new member and for uh the applicant

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um my

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you know assessment of what we do or

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we're the people who allow you to bend

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the rules

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um there are uh

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there is a series of uh ordinances and

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rules that are followed for new

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constructions and we are your neighbors

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our goal here is not to

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say yes or no but to find a nice ground

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to to bending those rules so um do

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consider us as hopefully uh you know

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friends and and neighbors and not uh

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some board thumbs up or thumbs down

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um okay on with it uh we are here in

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case 2023-2 to consider an application

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from Mr Ronald muffley of property 4007

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14th Street for our variants to allow

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for the construction of a deck a front

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porch extending eight feet into the

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required 15-foot front yard uh attended

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here today are um Can someone can you

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guys answer present uh Mr Paul Doherty

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uh present Miss Amy Everett president

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and Mr Stephen sharp present we are also

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joined by town clerk Sharon hum and

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legal counsel Fred Sussman at this point

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I'll pass to Sharon or confirmation of

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posting uh posting and documents entered

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into the record uh specifically the

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application made the staff report and

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letters of support

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a public hearing for the case

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202302 was advertised in the southern

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Maryland news for three weeks July 14th

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21st and the 28th notice was also posted

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on the town's website the hearing notice

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was transmitted to the Planning

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Commission on July 10 2023 also on July

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10 2003 notice of the hearing was mailed

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by registered mail to the applicant and

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adjoining property owners and notice was

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posted on the property by the Department

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of Public Works on July 10 2003.

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thank you

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at this point we will open up the floor

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for the petitioner to give their

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presentation

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Mr muscle

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hey thank you for all you for being here

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for this

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um I'm not a great public speaker so

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I'll try to do this as quick as I can

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um you did mention that the eight foot

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deck is what I petitioned my original

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application was for 12-foot deck to to

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replace the existing 12 foot so I would

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ask if you consider that 12 foot just

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since we're here why not

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um I've been in the house for three

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years part of buying the house was the

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selling point was the nice size deck was

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on the front of the house it gives me a

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nice view of the water

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it is falling down now whoever built it

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before use the wrong materials and it's

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rotten it's unsafe and it needs to be

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redone

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um I just ask that you consider you know

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the full 12 foot but obviously we can

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compromise where we need to

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yeah that's pretty much it I mean okay

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yeah uh we'll have some uh I guess uh

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we'll come back and ask you I think you

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can sit there okay

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um the board will ask you questions as

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we go through this okay um uh why don't

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you go ahead and have a seat and uh I

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will since uh our our Planning and

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Zoning administrator uh Mr Kubiak is not

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here

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um I will go ahead and read from some

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I guess a summary of his staff report to

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the board that he provided uh last

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weekend is in the record

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um and I do urge the board to please uh

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add in anything they think is important

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that I might have missed here

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um so please let me know if I have uh

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there's something important okay so this

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is from Mr jacobiak and is my summary of

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his report

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um Mr muffley applied for a zoning

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permit to replace the deck attached to

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the property as it is in a state of

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disrepair Mr Jakubiak denied the permits

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stating that only decks under 35 square

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foot are allowed to be in the front yard

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according to zoning

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um this deck pre-existed Mr muffley's

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ownership but the town has no record of

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a permit for the existing deck Mr

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muffley applied for a variance uh with

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the plan provided to the board

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um and there was a comment here um that

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there are there's an application for uh

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12 foot variants and there's also some

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on paper for a us a deck that extends to

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seven foot of the front lot line which

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would be an eight foot variance

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um there's a requirement for a 15-foot

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space between the house and the property

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line

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um so and the um and finally the uh

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the eight foot variants would be uh four

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foot closer to the house than the

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existing deck so smaller and farther

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away from the street

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um some key points from the staff report

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by my reading is that there is a

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neighboring property Three Doors Down

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that extends about the same amount into

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the front yard of the uh

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this particular of the eight foot

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variants

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um Mr Jakubiak notes that standard

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number one uh is one we want to keep an

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eye on the one about being harmonious of

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the zoning ordinance

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um he states that the proposal as it

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stands isn't in harmony with the zoning

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ordinance as was as it would impact the

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character of the street due to the deck

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design

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he also notes that for standard number

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three the one on special circumstances

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the fact that an unpermitted deck

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already exists on this property is not a

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condition that we are to consider

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um and from my reading he seems uh to

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recommend to build a deck more like a

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front porch in style and size

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these recommendations from Mr Kubiak if

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the board approves them He suggests we

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add the following conditions

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to build a deck that includes decorative

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skirting through plant vegetation where

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the old deck was positioned to modify

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the building plan to include something

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more along the style of a welcoming

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porch and prohibit placement of a roof

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or enclosure on the deck

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can't quite remember if he put size

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recommendations on his uh

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but like any deck sizing in his

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recommendation

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um but I assume that applies to his

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recommendations apply to the eight foot

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variants as listed in the documentation

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and not the 12 foot variants the

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applicant has asked

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um at this point I'll pause and see if

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there's anything

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any other board member or or the

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applicant wants to it uh

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income question

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what was advertised in the newspaper

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very specific deck size uh in the

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advertisements

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it was for the um

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eight foot into the required 15 foot

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before it would definitely was advertise

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something the word is constrained to

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fundamentally into consideration

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that the

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notice that was given okay

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thank you

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quick look at his actual

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the actual paperwork doesn't seem like

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he

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adds any additional size constraints on

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his recommendations

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sounds like those four suggestions are

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in addition to the eight foot bearings

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uh okay uh so that uh hearing no

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Corrections of my summary

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um we can move on to a section where we

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hear a testimony from proponents of this

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particular plan so if you're a neighbor

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or a friend or have any concerns on this

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case in a positive direction please do

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come up uh to the microphone in the

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front uh announce your name your address

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generally and uh if you represent

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anybody or if you're speaking on your

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own

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oh Mr Sussman is also pointing me out

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that I will also have to swear you in

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okay you can do it um

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okay in Massachusetts

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um so this will apply to everybody and

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when you step up just state that you

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agree with this uh do you solemnly swear

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or affirm under under the penalties of

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perjury that the testimony you're about

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to give and the responses and statements

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you're about to make will be the whole

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truth and nothing

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so uh whoever wishes to speak first

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please come on up

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um okay

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uh in that case uh seeing none we will

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take testimony for our opponents to this

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plan same rules please come up

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announce your name address

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you represent somebody or that you're

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speaking on your own path

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should we read it to the record to the

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letter that was written that's a good

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idea

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though there was one proponent of

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um this particular plan

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um this is a letter from Miss Patrick

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Mahoney

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I don't know

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um stating as an adjacent property owner

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I am writing to support the request for

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variants from Ronnie muffley case 2023-2

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uh we live across the street from Mr

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muffley he's a great neighbor and for

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the first time in 30 years we finally

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have a neighbor who's investing

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thousands of dollars to improve this

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property it's improving our neighborhood

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town and our property values regarding

253
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this variance his requests will keep uh

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the front deck of his in line with the

255
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other decks on his side of the street

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he's asking for nothing out of the

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ordinary here in the older part of the

258
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town the streets and older homes get

259
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complicated as we are not a cookie

260
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cutter development I feel it would be

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very prudent and a display of some

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neighborly quote small town charm for

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you all to look at the bigger pictures

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right this variance has requested thank

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you

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all right

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um

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is there anything anybody would like to

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say or any questions the board would

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like to ask

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can I add a couple things so in Mr

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00:11:55,320 --> 00:11:59,820
jacobiak's statement he said that about

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the skirting around the deck that is in

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the plan to do lattice underneath to you

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know so you can't see underneath it and

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also if you look at the picture of the

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house currently the front steps are

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narrow and those front steps are going

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to be widened to make it look more like

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a front porch would look rather than you

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know a deck I guess okay I don't know

282
00:12:15,779 --> 00:12:21,000
how you make a deck look like a porch

283
00:12:18,360 --> 00:12:23,880
yeah I have a copy of it too sounds good

284
00:12:21,000 --> 00:12:26,519
um is there anything that you he was a

285
00:12:23,880 --> 00:12:27,839
bit more precise language than I did

286
00:12:26,519 --> 00:12:29,579
um

287
00:12:27,839 --> 00:12:30,779
specifically with the leading of the

288
00:12:29,579 --> 00:12:32,339
stairs

289
00:12:30,779 --> 00:12:33,899
um I won't get into it but if you are

290
00:12:32,339 --> 00:12:36,060
you

291
00:12:33,899 --> 00:12:38,279
did you have any problems with the

292
00:12:36,060 --> 00:12:39,540
recommendations that Mr kubac made or is

293
00:12:38,279 --> 00:12:41,700
it is this the first time you're hearing

294
00:12:39,540 --> 00:12:44,820
of it oh no no I actually spoke with a

295
00:12:41,700 --> 00:12:46,079
phone last week sometime I think and we

296
00:12:44,820 --> 00:12:48,300
went over some of this stuff so yeah

297
00:12:46,079 --> 00:12:49,740
I've I had and he sent me the report as

298
00:12:48,300 --> 00:12:51,120
well so I read it yes okay so you don't

299
00:12:49,740 --> 00:12:52,800
like there's nothing you'd like the

300
00:12:51,120 --> 00:12:54,240
board did because he's making a

301
00:12:52,800 --> 00:12:55,620
recommendation we generally take his

302
00:12:54,240 --> 00:12:56,579
under advisement

303
00:12:55,620 --> 00:12:57,899
um but you're welcome to if there's

304
00:12:56,579 --> 00:12:59,639
anything in here that

305
00:12:57,899 --> 00:13:01,980
no I mean I don't I don't disagree with

306
00:12:59,639 --> 00:13:03,360
anything that he said I mean I just

307
00:13:01,980 --> 00:13:04,500
I would like you to consider the whole

308
00:13:03,360 --> 00:13:05,940
12 foot and I understand it was

309
00:13:04,500 --> 00:13:08,040
advertisers would advertise I get that

310
00:13:05,940 --> 00:13:09,899
but I just yeah yeah I don't uh it

311
00:13:08,040 --> 00:13:11,880
sounds like we can't

312
00:13:09,899 --> 00:13:14,519
um but we can

313
00:13:11,880 --> 00:13:16,740
continue on uh this way and I believe

314
00:13:14,519 --> 00:13:19,260
you can always reappeal

315
00:13:16,740 --> 00:13:21,180
or ask for a different variance if you'd

316
00:13:19,260 --> 00:13:22,440
like to do that you can do this it's all

317
00:13:21,180 --> 00:13:24,000
over again

318
00:13:22,440 --> 00:13:26,700
um I

319
00:13:24,000 --> 00:13:30,360
uh as we haven't actually begun

320
00:13:26,700 --> 00:13:32,220
deliberations that looking at your

321
00:13:30,360 --> 00:13:35,880
the existing deck is very close to the

322
00:13:32,220 --> 00:13:38,040
front and we do we do try and take Mr

323
00:13:35,880 --> 00:13:39,839
jacobiak's recommendations

324
00:13:38,040 --> 00:13:43,079
are you serious he's been you know I I

325
00:13:39,839 --> 00:13:44,639
understand so I think this one it seemed

326
00:13:43,079 --> 00:13:47,040
like he came up with a nice reasonable

327
00:13:44,639 --> 00:13:48,660
conclusion and I think we'd

328
00:13:47,040 --> 00:13:51,180
it would be more difficult I think for

329
00:13:48,660 --> 00:13:53,160
the full 12-foot variants

330
00:13:51,180 --> 00:13:55,740
but okay

331
00:13:53,160 --> 00:13:58,380
okay if nobody has anything else to add

332
00:13:55,740 --> 00:13:59,399
at this point I will close the public

333
00:13:58,380 --> 00:14:01,200
hearing

334
00:13:59,399 --> 00:14:02,940
last call for statements before the

335
00:14:01,200 --> 00:14:04,920
board yeah

336
00:14:02,940 --> 00:14:06,180
so I'm just curious with some of the

337
00:14:04,920 --> 00:14:08,880
some of the recommendations that were

338
00:14:06,180 --> 00:14:12,779
made for this the front porch versus

339
00:14:08,880 --> 00:14:13,800
deck situation in the drawings to me it

340
00:14:12,779 --> 00:14:15,480
looks like there's actually two

341
00:14:13,800 --> 00:14:18,000
different variations of stairs being

342
00:14:15,480 --> 00:14:19,200
proposed one that goes out to the street

343
00:14:18,000 --> 00:14:21,060
kind of like right in front of your

344
00:14:19,200 --> 00:14:25,139
front door right the one that goes off

345
00:14:21,060 --> 00:14:26,760
to the side so is the side one just to

346
00:14:25,139 --> 00:14:29,880
your driveway and then there's a

347
00:14:26,760 --> 00:14:30,899
separate one that goes frontwards okay I

348
00:14:29,880 --> 00:14:32,399
just wanted to make sure that it's

349
00:14:30,899 --> 00:14:35,360
understanding the drawings

350
00:14:32,399 --> 00:14:35,360
one one

351
00:14:37,260 --> 00:14:43,519
wide like in the front it will have a I

352
00:14:39,600 --> 00:14:43,519
think it's almost six foot wide yeah

353
00:14:46,920 --> 00:14:50,699
all right uh with that

354
00:14:49,620 --> 00:14:53,160
um we are going to close the public

355
00:14:50,699 --> 00:14:55,980
hearing I make a motion to begin

356
00:14:53,160 --> 00:14:58,079
deliberations do I have a second

357
00:14:55,980 --> 00:14:59,100
a second then

358
00:14:58,079 --> 00:15:00,720
okay

359
00:14:59,100 --> 00:15:04,620
um so at this point the board will Talk

360
00:15:00,720 --> 00:15:05,519
Amongst ourselves and issue any opinions

361
00:15:04,620 --> 00:15:09,839
um

362
00:15:05,519 --> 00:15:11,160
and uh yeah so

363
00:15:09,839 --> 00:15:13,620
um

364
00:15:11,160 --> 00:15:16,740
I guess the question for the board is

365
00:15:13,620 --> 00:15:19,199
what do we think we have the original

366
00:15:16,740 --> 00:15:21,600
plan along with Mr jakubiak's

367
00:15:19,199 --> 00:15:26,600
recommendations which it sounds like

368
00:15:21,600 --> 00:15:26,600
uh that far outside of the proposed plan

369
00:15:26,940 --> 00:15:31,260
anybody have faults

370
00:15:28,920 --> 00:15:33,420
concerns yeah I'd like to

371
00:15:31,260 --> 00:15:36,300
um I read the report I agree with Mr

372
00:15:33,420 --> 00:15:36,959
kubiak's recommendations

373
00:15:36,300 --> 00:15:40,620
um

374
00:15:36,959 --> 00:15:43,860
the the ones that the one point that

375
00:15:40,620 --> 00:15:46,560
um I would make is even for a front

376
00:15:43,860 --> 00:15:49,800
front of the house even even eight put

377
00:15:46,560 --> 00:15:52,620
eight foot is pretty expansive

378
00:15:49,800 --> 00:15:54,360
um and I think a six foot would be more

379
00:15:52,620 --> 00:15:57,060
reasonable

380
00:15:54,360 --> 00:15:59,720
front of the house you know to make it

381
00:15:57,060 --> 00:15:59,720
more porch bike

382
00:15:59,880 --> 00:16:04,279
um other than that I had no other

383
00:16:01,680 --> 00:16:04,279
comments

384
00:16:04,860 --> 00:16:08,720
you know I think the standards have been

385
00:16:06,540 --> 00:16:08,720
met

386
00:16:11,279 --> 00:16:15,959
a variance would be called for it's just

387
00:16:14,160 --> 00:16:19,760
a matter of uh

388
00:16:15,959 --> 00:16:19,760
how much the variant should be

389
00:16:26,339 --> 00:16:32,639
oh did we go around

390
00:16:28,339 --> 00:16:33,600
open open open floor I mean six to eight

391
00:16:32,639 --> 00:16:35,940
feet

392
00:16:33,600 --> 00:16:37,139
two feet that's not really

393
00:16:35,940 --> 00:16:38,699
that

394
00:16:37,139 --> 00:16:41,360
it's not we're not talking like five

395
00:16:38,699 --> 00:16:41,360
foot ten feet

396
00:16:56,240 --> 00:17:03,480
you're stacking decks thank you as well

397
00:16:59,519 --> 00:17:05,520
too yeah and so yeah so I think that

398
00:17:03,480 --> 00:17:07,799
eight feet would allow him to have what

399
00:17:05,520 --> 00:17:09,720
his neighbors have correct well the

400
00:17:07,799 --> 00:17:11,160
question is whether his neighbor's deck

401
00:17:09,720 --> 00:17:13,620
has been permitted

402
00:17:11,160 --> 00:17:15,120
yeah permitted or was there a bootleg

403
00:17:13,620 --> 00:17:17,640
deck I don't think we know and I'm not

404
00:17:15,120 --> 00:17:20,040
sure if we're allowed to open that uh

405
00:17:17,640 --> 00:17:22,079
particular

406
00:17:20,040 --> 00:17:26,640
you know the fact the fact that a

407
00:17:22,079 --> 00:17:28,919
neighbor has it is less relevant than

408
00:17:26,640 --> 00:17:30,600
does it conform to the standards to the

409
00:17:28,919 --> 00:17:32,580
to the zoning

410
00:17:30,600 --> 00:17:34,559
ordinance

411
00:17:32,580 --> 00:17:37,559
you know should we Grant a variance

412
00:17:34,559 --> 00:17:39,780
against the zoning ordinance not not

413
00:17:37,559 --> 00:17:42,740
should we Grant it based on what

414
00:17:39,780 --> 00:17:42,740
somebody else has done

415
00:17:44,160 --> 00:17:49,620
my own personal opinion I'm I'm not the

416
00:17:47,220 --> 00:17:51,120
size isn't that large of an issue to me

417
00:17:49,620 --> 00:17:53,220
my read on

418
00:17:51,120 --> 00:17:56,640
Mr jacobiak's recommendations were

419
00:17:53,220 --> 00:17:59,220
mostly stylistic that it it appear like

420
00:17:56,640 --> 00:18:02,400
a front deck rather than a back deck

421
00:17:59,220 --> 00:18:03,419
place on the front of the house and

422
00:18:02,400 --> 00:18:05,340
um

423
00:18:03,419 --> 00:18:07,380
he seems to be a fairly

424
00:18:05,340 --> 00:18:08,880
based on his like historical work of

425
00:18:07,380 --> 00:18:11,039
Fairly conservative

426
00:18:08,880 --> 00:18:13,500
uh administrator and and makes

427
00:18:11,039 --> 00:18:16,320
recommendations that that follow in

428
00:18:13,500 --> 00:18:17,700
uh the guidelines as he sees them

429
00:18:16,320 --> 00:18:20,039
um I'm specifically remember what we

430
00:18:17,700 --> 00:18:21,780
just talked about with the uh

431
00:18:20,039 --> 00:18:23,220
back shed that was too close to the back

432
00:18:21,780 --> 00:18:26,700
lot line

433
00:18:23,220 --> 00:18:28,919
um and I think if he had a problem with

434
00:18:26,700 --> 00:18:30,660
the eight foot size he would have said

435
00:18:28,919 --> 00:18:32,160
so

436
00:18:30,660 --> 00:18:34,980
um

437
00:18:32,160 --> 00:18:36,200
well the pictures the examples of

438
00:18:34,980 --> 00:18:39,919
porches

439
00:18:36,200 --> 00:18:39,919
that were in the report

440
00:18:40,559 --> 00:18:44,220
um

441
00:18:41,700 --> 00:18:46,320
I remember correctly

442
00:18:44,220 --> 00:18:48,559
they looked smaller to me than eight

443
00:18:46,320 --> 00:18:48,559
foot

444
00:18:51,000 --> 00:18:56,340
I'm not exactly sure what

445
00:18:53,400 --> 00:18:57,840
what the standard is for a porch

446
00:18:56,340 --> 00:19:00,500
but if you're looking for a front

447
00:18:57,840 --> 00:19:00,500
entrance way

448
00:19:00,780 --> 00:19:05,160
it it

449
00:19:03,059 --> 00:19:08,039
there needs to be some size restrictions

450
00:19:05,160 --> 00:19:09,780
on a front entrance way

451
00:19:08,039 --> 00:19:12,539
that's why I say that's why I

452
00:19:09,780 --> 00:19:14,640
recommended six foot instead of eight

453
00:19:12,539 --> 00:19:15,480
looking at the plans that he has too

454
00:19:14,640 --> 00:19:17,640
um

455
00:19:15,480 --> 00:19:20,160
the way that architect or the contractor

456
00:19:17,640 --> 00:19:22,380
has it mapped out it looks

457
00:19:20,160 --> 00:19:24,539
familiar to a front board I would have

458
00:19:22,380 --> 00:19:26,940
to say I mean it doesn't look like a big

459
00:19:24,539 --> 00:19:28,559
massive deck you'd have in your house or

460
00:19:26,940 --> 00:19:30,419
something like that it looks it's got

461
00:19:28,559 --> 00:19:31,200
the curb appeal

462
00:19:30,419 --> 00:19:35,299
um

463
00:19:31,200 --> 00:19:35,299
and it doesn't look unreasonable

464
00:20:02,580 --> 00:20:05,240
so

465
00:20:08,460 --> 00:20:12,539
yeah I guess that falls that discussion

466
00:20:10,679 --> 00:20:14,880
falls under the minimum necessary

467
00:20:12,539 --> 00:20:17,340
variance this is one of those

468
00:20:14,880 --> 00:20:18,299
those gray areas here six or six or

469
00:20:17,340 --> 00:20:19,260
eight feet

470
00:20:18,299 --> 00:20:23,039
um

471
00:20:19,260 --> 00:20:25,020
I think at this point we could probably

472
00:20:23,039 --> 00:20:26,820
just go with an up or down when we get

473
00:20:25,020 --> 00:20:31,640
to it on

474
00:20:26,820 --> 00:20:31,640
on size of the uh of the variants here

475
00:20:33,960 --> 00:20:39,559
okay uh so it's uh six foot or eight

476
00:20:36,660 --> 00:20:39,559
foot is an issue

477
00:20:39,960 --> 00:20:44,880
any other concerns

478
00:20:42,660 --> 00:20:47,480
on either the plan or the

479
00:20:44,880 --> 00:20:47,480
recommendations

480
00:20:51,840 --> 00:20:57,840
and we're fine with the uh prohibition

481
00:20:53,820 --> 00:20:58,919
on the the uh no no enclosed decks

482
00:20:57,840 --> 00:21:01,100
doesn't look good if that's in the plan

483
00:20:58,919 --> 00:21:01,100
anyway

484
00:21:03,059 --> 00:21:07,200
all right

485
00:21:04,679 --> 00:21:09,660
um so for the standards for the board to

486
00:21:07,200 --> 00:21:10,440
hold our five-fold

487
00:21:09,660 --> 00:21:12,960
um

488
00:21:10,440 --> 00:21:15,720
first that this change is harmonious

489
00:21:12,960 --> 00:21:18,780
with the intent of the ordinance

490
00:21:15,720 --> 00:21:21,660
um that this particular application is

491
00:21:18,780 --> 00:21:22,380
permitted within the Zone which it is

492
00:21:21,660 --> 00:21:24,600
um

493
00:21:22,380 --> 00:21:28,559
is this a special circumstance and

494
00:21:24,600 --> 00:21:30,960
reasonable use for uh the lot

495
00:21:28,559 --> 00:21:33,240
um is there unnecessary hardship

496
00:21:30,960 --> 00:21:35,940
for this particular plot as opposed to

497
00:21:33,240 --> 00:21:37,559
the neighbors and is the variance

498
00:21:35,940 --> 00:21:39,980
granted by this board the minimum

499
00:21:37,559 --> 00:21:39,980
necessary

500
00:21:42,659 --> 00:21:47,840
does anybody else on the board have any

501
00:21:45,179 --> 00:21:47,840
concerns

502
00:21:48,179 --> 00:21:51,559
in these standards at all

503
00:21:54,600 --> 00:21:59,280
right

504
00:21:56,100 --> 00:22:03,059
um in that case I will go ahead and call

505
00:21:59,280 --> 00:22:06,360
for I'm going to call for two votes

506
00:22:03,059 --> 00:22:08,700
uh one for a eight foot variance and one

507
00:22:06,360 --> 00:22:12,720
foot is

508
00:22:08,700 --> 00:22:15,840
and that will be for the directory

509
00:22:12,720 --> 00:22:17,280
did I get that right six foot length uh

510
00:22:15,840 --> 00:22:19,200
six uh the deck would be six feet

511
00:22:17,280 --> 00:22:21,840
towards the lot line

512
00:22:19,200 --> 00:22:24,360
or um sorry yeah

513
00:22:21,840 --> 00:22:27,299
yeah away from that yes

514
00:22:24,360 --> 00:22:28,020
um yeah and

515
00:22:27,299 --> 00:22:30,780
um

516
00:22:28,020 --> 00:22:33,659
and once we call that vote will be to

517
00:22:30,780 --> 00:22:35,460
have Mr Sussman draft resolution uh

518
00:22:33,659 --> 00:22:39,299
continuing so

519
00:22:35,460 --> 00:22:40,620
uh I will start with

520
00:22:39,299 --> 00:22:42,240
six

521
00:22:40,620 --> 00:22:44,700
um six feet so I'm going to call for a

522
00:22:42,240 --> 00:22:48,059
vote so the vote is to allow for a

523
00:22:44,700 --> 00:22:52,080
variance uh admitting all of Mr

524
00:22:48,059 --> 00:22:55,980
jacobiak's recommendations as noted

525
00:22:52,080 --> 00:22:57,980
or a six foot variance

526
00:22:55,980 --> 00:22:57,980
um

527
00:22:59,760 --> 00:23:04,980
the variance is from So it's 15 feet

528
00:23:01,799 --> 00:23:07,679
from the street to the house and the

529
00:23:04,980 --> 00:23:10,799
variance would be the distance from

530
00:23:07,679 --> 00:23:12,000
house into that 15 foot so it would be a

531
00:23:10,799 --> 00:23:14,100
variance

532
00:23:12,000 --> 00:23:16,860
am I getting that right oh it's a

533
00:23:14,100 --> 00:23:21,000
variance um six foot variance would be

534
00:23:16,860 --> 00:23:23,159
six minus 15 so the variance would be

535
00:23:21,000 --> 00:23:25,820
that okay

536
00:23:23,159 --> 00:23:25,820
uh

537
00:23:26,340 --> 00:23:32,400
fine foot and since the house is right

538
00:23:28,620 --> 00:23:33,840
on the 15 foot line

539
00:23:32,400 --> 00:23:36,440
the other one will be a seven foot

540
00:23:33,840 --> 00:23:36,440
mirror

541
00:23:36,480 --> 00:23:40,440
either nine yeah nine foot four to seven

542
00:23:38,820 --> 00:23:42,960
yeah I'm not quite sure which direction

543
00:23:40,440 --> 00:23:43,980
the other okay we'll figure it out

544
00:23:42,960 --> 00:23:47,340
um

545
00:23:43,980 --> 00:23:50,100
okay so uh let's go around so this would

546
00:23:47,340 --> 00:23:50,820
be the six foot deck

547
00:23:50,100 --> 00:23:52,799
um

548
00:23:50,820 --> 00:23:54,299
and I'll just go around and ask whether

549
00:23:52,799 --> 00:23:57,059
you

550
00:23:54,299 --> 00:23:59,340
yay or nay on on six feet uh Mr

551
00:23:57,059 --> 00:24:03,360
Dougherty yay

552
00:23:59,340 --> 00:24:05,159
Ms Everett yeah okay Mr Sharp no no all

553
00:24:03,360 --> 00:24:08,900
right so we have two

554
00:24:05,159 --> 00:24:08,900
uh I guess that would be me too

555
00:24:09,480 --> 00:24:13,919
so are we only voting on one or you can

556
00:24:12,299 --> 00:24:16,159
vote on both I mean but ultimately like

557
00:24:13,919 --> 00:24:19,280
it switches oh so we could vote

558
00:24:16,159 --> 00:24:21,900
I guess it could I mean

559
00:24:19,280 --> 00:24:23,460
uh I kind of figured it was either one

560
00:24:21,900 --> 00:24:24,900
or the other but yeah well if you can

561
00:24:23,460 --> 00:24:27,000
clarify that I might have to reboot okay

562
00:24:24,900 --> 00:24:29,280
let's go ahead and do that again so I uh

563
00:24:27,000 --> 00:24:31,559
I think it's either six or eight so

564
00:24:29,280 --> 00:24:32,580
let's vote on six first if you intend

565
00:24:31,559 --> 00:24:36,260
to

566
00:24:32,580 --> 00:24:36,260
um allow for the eight vote no on six

567
00:24:36,299 --> 00:24:42,740
okay let's do it again uh Mr Doherty

568
00:24:38,400 --> 00:24:46,020
yeah Miss Everett nay Mr Charles

569
00:24:42,740 --> 00:24:46,679
resolution does not pass

570
00:24:46,020 --> 00:24:48,539
um

571
00:24:46,679 --> 00:24:50,940
let's do a second one for the eight foot

572
00:24:48,539 --> 00:24:53,520
depth on the deck

573
00:24:50,940 --> 00:24:57,299
um along with the same contingencies

574
00:24:53,520 --> 00:24:59,340
that Mr jacobiak noted in a staff report

575
00:24:57,299 --> 00:25:02,700
um

576
00:24:59,340 --> 00:25:05,760
okay uh Mr Doherty I will abstain on

577
00:25:02,700 --> 00:25:10,140
that one okay uh Miss Everett yeah Mr

578
00:25:05,760 --> 00:25:12,840
Sharp yeah and I will also vote yay

579
00:25:10,140 --> 00:25:16,740
that motion passes and that is a motion

580
00:25:12,840 --> 00:25:18,539
for an eighth foot uh eight foot deck

581
00:25:16,740 --> 00:25:22,679
um along with the contingencies from Mr

582
00:25:18,539 --> 00:25:24,779
Jakubiak and we will uh have Mr Sussman

583
00:25:22,679 --> 00:25:25,679
here draft a resolution containing this

584
00:25:24,779 --> 00:25:29,539
decision

585
00:25:25,679 --> 00:25:29,539
uh unless there's anything I miss here

586
00:25:30,000 --> 00:25:35,400
um in that case that is the oh okay so

587
00:25:33,360 --> 00:25:37,740
for the uh for the applicant what

588
00:25:35,400 --> 00:25:39,620
happens here is Mr Sussman will draft up

589
00:25:37,740 --> 00:25:42,960
the legalese we will get back together

590
00:25:39,620 --> 00:25:44,039
and maybe a couple weeks a month from

591
00:25:42,960 --> 00:25:45,360
now

592
00:25:44,039 --> 00:25:47,100
um depending on how quickly we can get

593
00:25:45,360 --> 00:25:49,380
back in here we will vote on the actual

594
00:25:47,100 --> 00:25:51,360
final language and once that's done the

595
00:25:49,380 --> 00:25:52,860
actual application is

596
00:25:51,360 --> 00:25:54,120
late and approved

597
00:25:52,860 --> 00:25:57,779
um

598
00:25:54,120 --> 00:26:01,200
and that is all on the agenda for this

599
00:25:57,779 --> 00:26:04,260
meeting here today so without

600
00:26:01,200 --> 00:26:05,760
further Ado I move we adjourn do I have

601
00:26:04,260 --> 00:26:07,860
a second

602
00:26:05,760 --> 00:26:11,539
all right thank you

603
00:26:07,860 --> 00:26:11,539
uh that's it thanks everybody

604
00:26:15,600 --> 00:26:20,100
I see your uh

605
00:26:17,100 --> 00:26:23,100
in the paper you have with these

606
00:26:20,100 --> 00:26:25,580
the swearing in the scoring paper that's

607
00:26:23,100 --> 00:26:25,580
going to write it down

608
00:26:28,200 --> 00:26:34,380
I know a lot of people named Franklin

609
00:26:30,679 --> 00:26:37,400
releases as well as well too I think

610
00:26:34,380 --> 00:26:37,400
Lisa's wife Frank