ordinance
yeah
I thought about that
we're ready to go
thank you
uh all right everybody I think we're
going to get started here
um this is the board of appeals meeting
7 PM July 31st 2023
um as a first item on the agenda we do
have a new member joining the board here
uh Miss Amy Everett uh welcome is there
anything you'd like to say
hello hi welcome
um okay and uh I guess as a kind of
overview to what we do here particularly
new member and for uh the applicant
um my
you know assessment of what we do or
we're the people who allow you to bend
the rules
um there are uh
there is a series of uh ordinances and
rules that are followed for new
constructions and we are your neighbors
our goal here is not to
say yes or no but to find a nice ground
to to bending those rules so um do
consider us as hopefully uh you know
friends and and neighbors and not uh
some board thumbs up or thumbs down
um okay on with it uh we are here in
case 2023-2 to consider an application
from Mr Ronald muffley of property 4007
14th Street for our variants to allow
for the construction of a deck a front
porch extending eight feet into the
required 15-foot front yard uh attended
here today are um Can someone can you
guys answer present uh Mr Paul Doherty
uh present Miss Amy Everett president
and Mr Stephen sharp present we are also
joined by town clerk Sharon hum and
legal counsel Fred Sussman at this point
I'll pass to Sharon or confirmation of
posting uh posting and documents entered
into the record uh specifically the
application made the staff report and
letters of support
a public hearing for the case
202302 was advertised in the southern
Maryland news for three weeks July 14th
21st and the 28th notice was also posted
on the town's website the hearing notice
was transmitted to the Planning
Commission on July 10 2023 also on July
10 2003 notice of the hearing was mailed
by registered mail to the applicant and
adjoining property owners and notice was
posted on the property by the Department
of Public Works on July 10 2003.
thank you
at this point we will open up the floor
for the petitioner to give their
presentation
Mr muscle
hey thank you for all you for being here
for this
um I'm not a great public speaker so
I'll try to do this as quick as I can
um you did mention that the eight foot
deck is what I petitioned my original
application was for 12-foot deck to to
replace the existing 12 foot so I would
ask if you consider that 12 foot just
since we're here why not
um I've been in the house for three
years part of buying the house was the
selling point was the nice size deck was
on the front of the house it gives me a
nice view of the water
it is falling down now whoever built it
before use the wrong materials and it's
rotten it's unsafe and it needs to be
redone
um I just ask that you consider you know
the full 12 foot but obviously we can
compromise where we need to
yeah that's pretty much it I mean okay
yeah uh we'll have some uh I guess uh
we'll come back and ask you I think you
can sit there okay
um the board will ask you questions as
we go through this okay um uh why don't
you go ahead and have a seat and uh I
will since uh our our Planning and
Zoning administrator uh Mr Kubiak is not
here
um I will go ahead and read from some
I guess a summary of his staff report to
the board that he provided uh last
weekend is in the record
um and I do urge the board to please uh
add in anything they think is important
that I might have missed here
um so please let me know if I have uh
there's something important okay so this
is from Mr jacobiak and is my summary of
his report
um Mr muffley applied for a zoning
permit to replace the deck attached to
the property as it is in a state of
disrepair Mr Jakubiak denied the permits
stating that only decks under 35 square
foot are allowed to be in the front yard
according to zoning
um this deck pre-existed Mr muffley's
ownership but the town has no record of
a permit for the existing deck Mr
muffley applied for a variance uh with
the plan provided to the board
um and there was a comment here um that
there are there's an application for uh
12 foot variants and there's also some
on paper for a us a deck that extends to
seven foot of the front lot line which
would be an eight foot variance
um there's a requirement for a 15-foot
space between the house and the property
line
um so and the um and finally the uh
the eight foot variants would be uh four
foot closer to the house than the
existing deck so smaller and farther
away from the street
um some key points from the staff report
by my reading is that there is a
neighboring property Three Doors Down
that extends about the same amount into
the front yard of the uh
this particular of the eight foot
variants
um Mr Jakubiak notes that standard
number one uh is one we want to keep an
eye on the one about being harmonious of
the zoning ordinance
um he states that the proposal as it
stands isn't in harmony with the zoning
ordinance as was as it would impact the
character of the street due to the deck
design
he also notes that for standard number
three the one on special circumstances
the fact that an unpermitted deck
already exists on this property is not a
condition that we are to consider
um and from my reading he seems uh to
recommend to build a deck more like a
front porch in style and size
these recommendations from Mr Kubiak if
the board approves them He suggests we
add the following conditions
to build a deck that includes decorative
skirting through plant vegetation where
the old deck was positioned to modify
the building plan to include something
more along the style of a welcoming
porch and prohibit placement of a roof
or enclosure on the deck
can't quite remember if he put size
recommendations on his uh
but like any deck sizing in his
recommendation
um but I assume that applies to his
recommendations apply to the eight foot
variants as listed in the documentation
and not the 12 foot variants the
applicant has asked
um at this point I'll pause and see if
there's anything
any other board member or or the
applicant wants to it uh
income question
what was advertised in the newspaper
very specific deck size uh in the
advertisements
it was for the um
eight foot into the required 15 foot
before it would definitely was advertise
something the word is constrained to
fundamentally into consideration
that the
notice that was given okay
thank you
quick look at his actual
the actual paperwork doesn't seem like
he
adds any additional size constraints on
his recommendations
sounds like those four suggestions are
in addition to the eight foot bearings
uh okay uh so that uh hearing no
Corrections of my summary
um we can move on to a section where we
hear a testimony from proponents of this
particular plan so if you're a neighbor
or a friend or have any concerns on this
case in a positive direction please do
come up uh to the microphone in the
front uh announce your name your address
generally and uh if you represent
anybody or if you're speaking on your
own
oh Mr Sussman is also pointing me out
that I will also have to swear you in
okay you can do it um
okay in Massachusetts
um so this will apply to everybody and
when you step up just state that you
agree with this uh do you solemnly swear
or affirm under under the penalties of
perjury that the testimony you're about
to give and the responses and statements
you're about to make will be the whole
truth and nothing
so uh whoever wishes to speak first
please come on up
um okay
uh in that case uh seeing none we will
take testimony for our opponents to this
plan same rules please come up
announce your name address
you represent somebody or that you're
speaking on your own path
should we read it to the record to the
letter that was written that's a good
idea
though there was one proponent of
um this particular plan
um this is a letter from Miss Patrick
Mahoney
I don't know
um stating as an adjacent property owner
I am writing to support the request for
variants from Ronnie muffley case 2023-2
uh we live across the street from Mr
muffley he's a great neighbor and for
the first time in 30 years we finally
have a neighbor who's investing
thousands of dollars to improve this
property it's improving our neighborhood
town and our property values regarding
this variance his requests will keep uh
the front deck of his in line with the
other decks on his side of the street
he's asking for nothing out of the
ordinary here in the older part of the
town the streets and older homes get
complicated as we are not a cookie
cutter development I feel it would be
very prudent and a display of some
neighborly quote small town charm for
you all to look at the bigger pictures
right this variance has requested thank
you
all right
um
is there anything anybody would like to
say or any questions the board would
like to ask
can I add a couple things so in Mr
jacobiak's statement he said that about
the skirting around the deck that is in
the plan to do lattice underneath to you
know so you can't see underneath it and
also if you look at the picture of the
house currently the front steps are
narrow and those front steps are going
to be widened to make it look more like
a front porch would look rather than you
know a deck I guess okay I don't know
how you make a deck look like a porch
yeah I have a copy of it too sounds good
um is there anything that you he was a
bit more precise language than I did
um
specifically with the leading of the
stairs
um I won't get into it but if you are
you
did you have any problems with the
recommendations that Mr kubac made or is
it is this the first time you're hearing
of it oh no no I actually spoke with a
phone last week sometime I think and we
went over some of this stuff so yeah
I've I had and he sent me the report as
well so I read it yes okay so you don't
like there's nothing you'd like the
board did because he's making a
recommendation we generally take his
under advisement
um but you're welcome to if there's
anything in here that
no I mean I don't I don't disagree with
anything that he said I mean I just
I would like you to consider the whole
12 foot and I understand it was
advertisers would advertise I get that
but I just yeah yeah I don't uh it
sounds like we can't
um but we can
continue on uh this way and I believe
you can always reappeal
or ask for a different variance if you'd
like to do that you can do this it's all
over again
um I
uh as we haven't actually begun
deliberations that looking at your
the existing deck is very close to the
front and we do we do try and take Mr
jacobiak's recommendations
are you serious he's been you know I I
understand so I think this one it seemed
like he came up with a nice reasonable
conclusion and I think we'd
it would be more difficult I think for
the full 12-foot variants
but okay
okay if nobody has anything else to add
at this point I will close the public
hearing
last call for statements before the
board yeah
so I'm just curious with some of the
some of the recommendations that were
made for this the front porch versus
deck situation in the drawings to me it
looks like there's actually two
different variations of stairs being
proposed one that goes out to the street
kind of like right in front of your
front door right the one that goes off
to the side so is the side one just to
your driveway and then there's a
separate one that goes frontwards okay I
just wanted to make sure that it's
understanding the drawings
one one
wide like in the front it will have a I
think it's almost six foot wide yeah
all right uh with that
um we are going to close the public
hearing I make a motion to begin
deliberations do I have a second
a second then
okay
um so at this point the board will Talk
Amongst ourselves and issue any opinions
um
and uh yeah so
um
I guess the question for the board is
what do we think we have the original
plan along with Mr jakubiak's
recommendations which it sounds like
uh that far outside of the proposed plan
anybody have faults
concerns yeah I'd like to
um I read the report I agree with Mr
kubiak's recommendations
um
the the ones that the one point that
um I would make is even for a front
front of the house even even eight put
eight foot is pretty expansive
um and I think a six foot would be more
reasonable
front of the house you know to make it
more porch bike
um other than that I had no other
comments
you know I think the standards have been
met
a variance would be called for it's just
a matter of uh
how much the variant should be
oh did we go around
open open open floor I mean six to eight
feet
two feet that's not really
that
it's not we're not talking like five
foot ten feet
you're stacking decks thank you as well
too yeah and so yeah so I think that
eight feet would allow him to have what
his neighbors have correct well the
question is whether his neighbor's deck
has been permitted
yeah permitted or was there a bootleg
deck I don't think we know and I'm not
sure if we're allowed to open that uh
particular
you know the fact the fact that a
neighbor has it is less relevant than
does it conform to the standards to the
to the zoning
ordinance
you know should we Grant a variance
against the zoning ordinance not not
should we Grant it based on what
somebody else has done
my own personal opinion I'm I'm not the
size isn't that large of an issue to me
my read on
Mr jacobiak's recommendations were
mostly stylistic that it it appear like
a front deck rather than a back deck
place on the front of the house and
um
he seems to be a fairly
based on his like historical work of
Fairly conservative
uh administrator and and makes
recommendations that that follow in
uh the guidelines as he sees them
um I'm specifically remember what we
just talked about with the uh
back shed that was too close to the back
lot line
um and I think if he had a problem with
the eight foot size he would have said
so
um
well the pictures the examples of
porches
that were in the report
um
I remember correctly
they looked smaller to me than eight
foot
I'm not exactly sure what
what the standard is for a porch
but if you're looking for a front
entrance way
it it
there needs to be some size restrictions
on a front entrance way
that's why I say that's why I
recommended six foot instead of eight
looking at the plans that he has too
um
the way that architect or the contractor
has it mapped out it looks
familiar to a front board I would have
to say I mean it doesn't look like a big
massive deck you'd have in your house or
something like that it looks it's got
the curb appeal
um
and it doesn't look unreasonable
so
yeah I guess that falls that discussion
falls under the minimum necessary
variance this is one of those
those gray areas here six or six or
eight feet
um
I think at this point we could probably
just go with an up or down when we get
to it on
on size of the uh of the variants here
okay uh so it's uh six foot or eight
foot is an issue
any other concerns
on either the plan or the
recommendations
and we're fine with the uh prohibition
on the the uh no no enclosed decks
doesn't look good if that's in the plan
anyway
all right
um so for the standards for the board to
hold our five-fold
um
first that this change is harmonious
with the intent of the ordinance
um that this particular application is
permitted within the Zone which it is
um
is this a special circumstance and
reasonable use for uh the lot
um is there unnecessary hardship
for this particular plot as opposed to
the neighbors and is the variance
granted by this board the minimum
necessary
does anybody else on the board have any
concerns
in these standards at all
right
um in that case I will go ahead and call
for I'm going to call for two votes
uh one for a eight foot variance and one
foot is
and that will be for the directory
did I get that right six foot length uh
six uh the deck would be six feet
towards the lot line
or um sorry yeah
yeah away from that yes
um yeah and
um
and once we call that vote will be to
have Mr Sussman draft resolution uh
continuing so
uh I will start with
six
um six feet so I'm going to call for a
vote so the vote is to allow for a
variance uh admitting all of Mr
jacobiak's recommendations as noted
or a six foot variance
um
the variance is from So it's 15 feet
from the street to the house and the
variance would be the distance from
house into that 15 foot so it would be a
variance
am I getting that right oh it's a
variance um six foot variance would be
six minus 15 so the variance would be
that okay
uh
fine foot and since the house is right
on the 15 foot line
the other one will be a seven foot
mirror
either nine yeah nine foot four to seven
yeah I'm not quite sure which direction
the other okay we'll figure it out
um
okay so uh let's go around so this would
be the six foot deck
um
and I'll just go around and ask whether
you
yay or nay on on six feet uh Mr
Dougherty yay
Ms Everett yeah okay Mr Sharp no no all
right so we have two
uh I guess that would be me too
so are we only voting on one or you can
vote on both I mean but ultimately like
it switches oh so we could vote
I guess it could I mean
uh I kind of figured it was either one
or the other but yeah well if you can
clarify that I might have to reboot okay
let's go ahead and do that again so I uh
I think it's either six or eight so
let's vote on six first if you intend
to
um allow for the eight vote no on six
okay let's do it again uh Mr Doherty
yeah Miss Everett nay Mr Charles
resolution does not pass
um
let's do a second one for the eight foot
depth on the deck
um along with the same contingencies
that Mr jacobiak noted in a staff report
um
okay uh Mr Doherty I will abstain on
that one okay uh Miss Everett yeah Mr
Sharp yeah and I will also vote yay
that motion passes and that is a motion
for an eighth foot uh eight foot deck
um along with the contingencies from Mr
Jakubiak and we will uh have Mr Sussman
here draft a resolution containing this
decision
uh unless there's anything I miss here
um in that case that is the oh okay so
for the uh for the applicant what
happens here is Mr Sussman will draft up
the legalese we will get back together
and maybe a couple weeks a month from
now
um depending on how quickly we can get
back in here we will vote on the actual
final language and once that's done the
actual application is
late and approved
um
and that is all on the agenda for this
meeting here today so without
further Ado I move we adjourn do I have
a second
all right thank you
uh that's it thanks everybody
I see your uh
in the paper you have with these
the swearing in the scoring paper that's
going to write it down
I know a lot of people named Franklin
releases as well as well too I think
Lisa's wife Frank