1 00:00:08,070 --> 00:00:09,559 [Music] 2 00:00:09,559 --> 00:00:11,679 all right hello uh everybody uh this is 3 00:00:11,679 --> 00:00:13,120 a call to order for the chese beach 4 00:00:13,120 --> 00:00:16,000 board of appeals 700m April 8th 5 00:00:16,000 --> 00:00:19,480 2024 as always we begin with a roll call 6 00:00:19,480 --> 00:00:21,439 um I will state board members names they 7 00:00:21,439 --> 00:00:23,199 will announce that they are present uh 8 00:00:23,199 --> 00:00:26,160 Mr Richard Burch present Mr Paul dhy 9 00:00:26,160 --> 00:00:29,160 present Miss Amy Everett present I am Mr 10 00:00:29,160 --> 00:00:32,880 Jody honar we have a quorum um so we 11 00:00:32,880 --> 00:00:36,200 only have one case uh here today but 12 00:00:36,200 --> 00:00:38,079 there is something that I would like 13 00:00:38,079 --> 00:00:41,360 to say before we begin um this is only 14 00:00:41,360 --> 00:00:43,559 the second case we've at least in my 15 00:00:43,559 --> 00:00:45,039 tenure we've heard of a 16 00:00:45,039 --> 00:00:47,480 misinterpretation or alleged error uh 17 00:00:47,480 --> 00:00:49,320 before this board so I'd like to verify 18 00:00:49,320 --> 00:00:51,440 something before we get started um 19 00:00:51,440 --> 00:00:53,280 briefly what we're expecting here is to 20 00:00:53,280 --> 00:00:54,760 show that the wording of the zoning 21 00:00:54,760 --> 00:00:58,120 ordinance and or other laws were misin 22 00:00:58,120 --> 00:01:00,320 uh misapplied or misinterpreted um 23 00:01:00,320 --> 00:01:02,000 stating specifically which sections were 24 00:01:02,000 --> 00:01:05,600 incorrectly applied or um is the applic 25 00:01:05,600 --> 00:01:08,439 applicant prepared to present on this 26 00:01:08,439 --> 00:01:11,080 yes sir all right in that case we can 27 00:01:11,080 --> 00:01:13,600 begin uh so we are going to hear case 28 00:01:13,600 --> 00:01:16,280 20241 to consider an application from BX 29 00:01:16,280 --> 00:01:17,799 and property purchasers 30 00:01:17,799 --> 00:01:23,240 LLC uh Carl buckheister is that you yes uh who's the owner of real property 31 00:01:23,240 --> 00:01:25,799 known as 40111 14th Street Chesapeake 32 00:01:25,799 --> 00:01:27,159 Beach Maryland for a decision on 33 00:01:27,159 --> 00:01:28,920 interpretation or alleged error of 34 00:01:28,920 --> 00:01:31,159 Article 5 section 29020 parking and 35 00:01:31,159 --> 00:01:33,320 loading uh subsection a general 36 00:01:33,320 --> 00:01:34,840 regulations applying to the required off 37 00:01:34,840 --> 00:01:37,759 street parking facilities uh point 7 the 38 00:01:37,759 --> 00:01:39,360 location of parking space the applicant 39 00:01:39,360 --> 00:01:41,840 is requesting of chesap Beach uh zoning 40 00:01:41,840 --> 00:01:43,840 board of appeals A variation from the 41 00:01:43,840 --> 00:01:47,000 requirements of 29020 A7 restricting 42 00:01:47,000 --> 00:01:48,680 parking within the front setback for 43 00:01:48,680 --> 00:01:51,479 private residences uh so what we'll be 44 00:01:51,479 --> 00:01:53,119 doing here today in terms of order of 45 00:01:53,119 --> 00:01:55,680 presentation will be uh following the 46 00:01:55,680 --> 00:01:57,079 what's documented in our rules of 47 00:01:57,079 --> 00:01:59,960 procedures attachment a uh we start with 48 00:01:59,960 --> 00:02:01,320 the appellant testimony and evidence 49 00:02:01,320 --> 00:02:05,360 including any Witnesses um um followed 50 00:02:05,360 --> 00:02:07,719 up by Town staff testimony and evidence 51 00:02:07,719 --> 00:02:10,920 with Miss Franklin um and third would be 52 00:02:10,920 --> 00:02:12,879 testimony and evidence by the person or 53 00:02:12,879 --> 00:02:14,480 entity whose rights are impacted by the 54 00:02:14,480 --> 00:02:16,440 appeal this would be any members of the 55 00:02:16,440 --> 00:02:18,560 public in attendance or any letters 56 00:02:18,560 --> 00:02:21,920 received uh which I will read uh at Theo 57 00:02:21,920 --> 00:02:24,959 time if we have any um this will fi 58 00:02:24,959 --> 00:02:26,519 finish this with any summary statements 59 00:02:26,519 --> 00:02:28,440 anyone wants to give at which point we 60 00:02:28,440 --> 00:02:30,879 will close the public hearing and begin 61 00:02:30,879 --> 00:02:33,360 deliberations that said I will pass it 62 00:02:33,360 --> 00:02:35,680 to the petitioner Mr Buck Heiser of pin 63 00:02:35,680 --> 00:02:38,400 properties purchasers 64 00:02:38,400 --> 00:02:43,599 LLC lell thanks for seeing me today um I 65 00:02:43,599 --> 00:02:47,000 uh I have one picture uh I don't know 66 00:02:47,000 --> 00:02:48,959 when the picture was taken that was in 67 00:02:48,959 --> 00:02:52,640 the report that the town uh submitted um 68 00:02:52,640 --> 00:02:56,959 I have one picture that's closest to uh 69 00:02:56,959 --> 00:02:59,080 the date that I settled it's from uh 70 00:02:59,080 --> 00:03:00,920 October 6 71 00:03:00,920 --> 00:03:03,920 um it's in black and white but I'd like 72 00:03:03,920 --> 00:03:05,879 to submit it I think you'll see that 73 00:03:05,879 --> 00:03:09,280 there was not existing vegetation in 74 00:03:09,280 --> 00:03:12,680 fact it was a concrete sidewalk and then 75 00:03:12,680 --> 00:03:15,640 slabs of concrete on each side so I'd 76 00:03:15,640 --> 00:03:28,750 like to submit 77 00:03:28,760 --> 00:03:49,190 that 78 00:03:49,200 --> 00:03:51,599 so this that's the 79 00:03:51,599 --> 00:03:55,120 settlement statement on my 11 that's the 80 00:03:55,120 --> 00:03:58,720 last picture I have exterior of the 81 00:03:58,720 --> 00:04:06,710 house 82 00:04:06,720 --> 00:04:09,879 well we probably should go back to um 83 00:04:09,879 --> 00:04:12,560 the affidavit the publication affidavit 84 00:04:12,560 --> 00:04:18,150 which I usually read in the 85 00:04:18,160 --> 00:04:20,959 beginning so what you mind doing that 86 00:04:20,959 --> 00:04:25,080 I'm so sorry announce that we posted 87 00:04:25,080 --> 00:04:27,520 public okay in the matter of the 88 00:04:27,520 --> 00:04:29,680 application from for tuin property purch 89 00:04:29,680 --> 00:04:30,840 purchasers 90 00:04:30,840 --> 00:04:33,400 LLC I cause to be published in the 91 00:04:33,400 --> 00:04:35,240 southern Maryland News newspaper a 92 00:04:35,240 --> 00:04:38,160 notice of this April 8th 2024 public 93 00:04:38,160 --> 00:04:45,830 hearing on case number 94 00:04:45,840 --> 00:04:49,400 2024-25 and April 5th notice was 95 00:04:49,400 --> 00:04:51,280 provided to the Planning Commission on 96 00:04:51,280 --> 00:04:56,320 February 27 2024 on March 8th 2024 97 00:04:56,320 --> 00:04:58,960 notice was provided by registered mail 98 00:04:58,960 --> 00:05:01,039 to the appli and adjoining property 99 00:05:01,039 --> 00:05:03,440 owners the property was posted by the 100 00:05:03,440 --> 00:05:09,070 public works department on March 15 101 00:05:09,080 --> 00:05:14,870 2024 my 102 00:05:14,880 --> 00:05:18,240 mistake so we want to add turn this into 103 00:05:18,240 --> 00:05:20,800 or you can add it as a supplement to his 104 00:05:20,800 --> 00:05:24,440 uh original application that works will 105 00:05:24,440 --> 00:05:27,070 be calling 106 00:05:27,080 --> 00:05:29,720 for I also like to submit another 107 00:05:29,720 --> 00:05:33,400 photograph that was just taken today um 108 00:05:33,400 --> 00:05:36,319 the picture that was in the report uh 109 00:05:36,319 --> 00:05:39,840 did not I don't know if this uh means 110 00:05:39,840 --> 00:05:42,880 anything but the uh vegetation on the 111 00:05:42,880 --> 00:05:46,600 neighbor side is is still existing it's 112 00:05:46,600 --> 00:05:49,120 poor quality photo but I think you'll 113 00:05:49,120 --> 00:05:51,240 get the gist um to the right of the 114 00:05:51,240 --> 00:05:55,550 house this would be taken around 115 00:05:55,560 --> 00:05:58,639 this okay that's 116 00:05:58,639 --> 00:06:03,309 good 117 00:06:03,319 --> 00:06:05,520 okay and if you could please sit at the 118 00:06:05,520 --> 00:06:07,400 microphone so that we'd be able to hear 119 00:06:07,400 --> 00:06:28,550 you there you 120 00:06:28,560 --> 00:06:58,510 go 121 00:06:58,520 --> 00:07:10,710 is 122 00:07:10,720 --> 00:07:12,680 the final thing I'd like to submit is 123 00:07:12,680 --> 00:07:15,599 the inspection 124 00:07:15,599 --> 00:07:18,720 report please the the final piece I'd 125 00:07:18,720 --> 00:07:20,919 like to submit is the inspection report 126 00:07:20,919 --> 00:07:23,720 done by American Property Consultants on 127 00:07:23,720 --> 00:07:26,879 December 15th in the report it cited 128 00:07:26,879 --> 00:07:31,199 that the inspector uh noted the 129 00:07:31,199 --> 00:07:35,639 um uh Stone but that was not noted in 130 00:07:35,639 --> 00:07:38,599 his inspection report um there was one 131 00:07:38,599 --> 00:07:43,560 exterior item uh that he noted and three 132 00:07:43,560 --> 00:07:46,400 or four interior items that he noted so 133 00:07:46,400 --> 00:07:58,430 I would like to submit that as 134 00:07:58,440 --> 00:08:08,589 well 135 00:08:08,599 --> 00:08:10,479 what are we getting from this he he 136 00:08:10,479 --> 00:08:12,400 didn't note that but there's a picture 137 00:08:12,400 --> 00:08:14,879 of it is that what you're saying so in 138 00:08:14,879 --> 00:08:17,680 the report from ches be Beach it said 139 00:08:17,680 --> 00:08:20,440 that the inspector noted the stones that 140 00:08:20,440 --> 00:08:23,039 were put down in the inspection report 141 00:08:23,039 --> 00:08:25,440 and he did not note that in the 142 00:08:25,440 --> 00:08:28,440 inspection report for the rental 143 00:08:28,440 --> 00:08:58,430 license 144 00:08:58,440 --> 00:10:28,310 for 145 00:10:28,320 --> 00:11:02,150 e 146 00:11:02,160 --> 00:11:06,240 you can continue so um my point in 147 00:11:06,240 --> 00:11:10,079 putting down the stones was um first of 148 00:11:10,079 --> 00:11:13,120 all I thought it would look a lot better 149 00:11:13,120 --> 00:11:16,839 um the it it just that concrete was 150 00:11:16,839 --> 00:11:19,519 really nasty looking and the grass that 151 00:11:19,519 --> 00:11:21,120 was in front of the house a small 152 00:11:21,120 --> 00:11:24,920 section and I wanted it to benefit my 153 00:11:24,920 --> 00:11:28,200 tenants to have it's off street parking 154 00:11:28,200 --> 00:11:32,880 the majority of that block there's five 155 00:11:32,880 --> 00:11:35,279 houses and they're decent Siz single 156 00:11:35,279 --> 00:11:38,480 family houses and there's one driveway 157 00:11:38,480 --> 00:11:41,000 amongst the five houses on the other 158 00:11:41,000 --> 00:11:44,279 side of the street on my block is four 159 00:11:44,279 --> 00:11:47,800 houses and three driveways so I live in 160 00:11:47,800 --> 00:11:50,519 North Beach U two houses down from 161 00:11:50,519 --> 00:11:52,959 Neptunes and I don't have a driveway so 162 00:11:52,959 --> 00:11:56,519 it's off street so I know I just wanted 163 00:11:56,519 --> 00:12:00,440 to like avoid any kind of um conflict 164 00:12:00,440 --> 00:12:03,440 with neighbors um because off Street you 165 00:12:03,440 --> 00:12:05,399 can you can park anywhere so my 166 00:12:05,399 --> 00:12:10,279 intention was uh to to avoid that 167 00:12:10,279 --> 00:12:16,230 um I 168 00:12:16,240 --> 00:12:19,079 uh it worked out well 169 00:12:19,079 --> 00:12:22,199 that the um the woman who ended up 170 00:12:22,199 --> 00:12:24,880 renting this property is related 171 00:12:24,880 --> 00:12:28,040 to uh her daughter lives right next door 172 00:12:28,040 --> 00:12:31,680 and she only has one vehicle so it's not 173 00:12:31,680 --> 00:12:35,120 so much of an issue um but you know in 174 00:12:35,120 --> 00:12:38,199 the in the future if it's a uh it's a 175 00:12:38,199 --> 00:12:41,000 two-bedroom it's it's very possible that 176 00:12:41,000 --> 00:12:43,760 it would be multiple multiple vehicles 177 00:12:43,760 --> 00:12:46,000 and I 178 00:12:46,000 --> 00:12:48,959 just would want to cut down like any 179 00:12:48,959 --> 00:12:51,320 kind potential for conflict or them 180 00:12:51,320 --> 00:12:53,839 parking in the alley that's blocked off 181 00:12:53,839 --> 00:12:57,160 so that was my intention with that I 182 00:12:57,160 --> 00:13:00,199 believe that it does look better now 183 00:13:00,199 --> 00:13:05,639 than it did um so that's that's about 184 00:13:05,639 --> 00:13:08,040 the gist of what I have to say guys 185 00:13:08,040 --> 00:13:12,310 thank you 186 00:13:12,320 --> 00:13:16,519 um okay uh we'll go ahead and go to uh 187 00:13:16,519 --> 00:13:19,680 Miss Franklin uh the town planner 188 00:13:19,680 --> 00:13:23,519 um oh we can yeah does anyone have 189 00:13:23,519 --> 00:13:25,160 questions at this time or do we want 190 00:13:25,160 --> 00:13:29,519 to oh it is that area that front area in 191 00:13:29,519 --> 00:13:32,160 front of the setback is it being used 192 00:13:32,160 --> 00:13:39,320 for parking not currently no no sir she has one vehicle so she just um parks 193 00:13:39,320 --> 00:13:41,639 in front of the house there's one spot 194 00:13:41,639 --> 00:13:43,720 in front of the house that could be used 195 00:13:43,720 --> 00:13:46,040 for a vehicle but she does not knows 196 00:13:46,040 --> 00:13:49,040 in or would someone in the future knows 197 00:13:49,040 --> 00:13:52,160 in yeah I would like for them to be able 198 00:13:52,160 --> 00:13:56,160 to have that option yes sir okay how far 199 00:13:56,160 --> 00:13:59,240 is that setback I know you have you also 200 00:13:59,240 --> 00:14:00,160 have 201 00:14:00,160 --> 00:14:03,000 the concrete blocker right so car 202 00:14:03,000 --> 00:14:04,639 wouldn't roll into the house or whatever 203 00:14:04,639 --> 00:14:07,519 right what is that entire length you 204 00:14:07,519 --> 00:14:14,110 have for your front yard 205 00:14:14,120 --> 00:14:16,120 then you can ballpark it we're not going 206 00:14:16,120 --> 00:14:17,040 to hold you 207 00:14:17,040 --> 00:14:21,160 to um approximately I would say eight or 208 00:14:21,160 --> 00:14:28,030 nine 209 00:14:28,040 --> 00:14:30,720 feet 210 00:14:30,720 --> 00:14:33,000 just a question any other houses along 211 00:14:33,000 --> 00:14:35,040 that area 212 00:14:35,040 --> 00:14:37,480 use I'm going to just use vertical park 213 00:14:37,480 --> 00:14:39,000 instead of horizontal right so off 214 00:14:39,000 --> 00:14:42,160 Street any other none of everybody uh 215 00:14:42,160 --> 00:14:44,120 parks in in front of the house if they 216 00:14:44,120 --> 00:14:48,790 don't have a driveway and some use the 217 00:14:48,800 --> 00:14:51,920 alley but but do I 218 00:14:51,920 --> 00:14:54,360 notice I'm not sure how relevant this is 219 00:14:54,360 --> 00:14:58,440 but the house next to yours has gravel 220 00:14:58,440 --> 00:15:01,000 in front of the uh watch in the setback 221 00:15:01,000 --> 00:15:05,199 area most of the properties do sir I 222 00:15:05,199 --> 00:15:06,759 didn't count that but the majority of 223 00:15:06,759 --> 00:15:09,639 them do I'm just looking at this 224 00:15:09,639 --> 00:15:27,949 picture that's in the uh planner's 225 00:15:27,959 --> 00:15:35,990 report 226 00:15:36,000 --> 00:15:38,749 any further 227 00:15:38,759 --> 00:15:40,279 questions 228 00:15:40,279 --> 00:15:43,680 um I will say before we go on I'm 229 00:15:43,680 --> 00:15:48,079 not so the type of hearing or hearing is 230 00:15:48,079 --> 00:15:50,360 when when there's a rule in the zoning 231 00:15:50,360 --> 00:15:52,279 code that says you can do this or you 232 00:15:52,279 --> 00:15:54,800 can't do this and someone says no that 233 00:15:54,800 --> 00:15:56,399 like you've totally misapplied that in 234 00:15:56,399 --> 00:16:00,040 this case um 235 00:16:00,040 --> 00:16:04,000 and I'm not entirely sure if we're there 236 00:16:04,000 --> 00:16:07,160 because so so this board has the power 237 00:16:07,160 --> 00:16:09,639 to act as if we're planning and zoning 238 00:16:09,639 --> 00:16:11,360 we can we can kind of take on their 239 00:16:11,360 --> 00:16:12,399 mantle of 240 00:16:12,399 --> 00:16:14,519 responsibilities um but unless we're 241 00:16:14,519 --> 00:16:16,160 saying exactly which rules were 242 00:16:16,160 --> 00:16:19,440 misapplied and What needs to change um 243 00:16:19,440 --> 00:16:20,240 this 244 00:16:20,240 --> 00:16:23,000 isn't I mean this doesn't feel like an 245 00:16:23,000 --> 00:16:24,800 error because we don't say we're not 246 00:16:24,800 --> 00:16:27,639 saying this rule in the zoning code is 247 00:16:27,639 --> 00:16:30,560 being applied you know um and I told 248 00:16:30,560 --> 00:16:32,079 Fred told me not to talk about this but 249 00:16:32,079 --> 00:16:34,480 I don't feel like I have a choice um we 250 00:16:34,480 --> 00:16:36,279 typically hear things called variances 251 00:16:36,279 --> 00:16:38,639 which are more along the lines of 252 00:16:38,639 --> 00:16:40,800 Neighbors coming in and saying hey 253 00:16:40,800 --> 00:16:42,759 there's something strange about my lot 254 00:16:42,759 --> 00:16:44,199 that doesn't apply to everybody else in 255 00:16:44,199 --> 00:16:46,800 the neighborhood can you bend the rules 256 00:16:46,800 --> 00:16:49,160 in this case because my property has 257 00:16:49,160 --> 00:16:52,319 this thing um because otherwise so the 258 00:16:52,319 --> 00:16:54,240 so it thus far has fallen into those two 259 00:16:54,240 --> 00:16:55,600 categories either it's you know the 260 00:16:55,600 --> 00:16:57,319 rules applied wrong or just bend the 261 00:16:57,319 --> 00:16:59,680 rules a little bit um 262 00:16:59,680 --> 00:17:01,440 and part of the bending of the rules a 263 00:17:01,440 --> 00:17:04,240 little bit means we can we there has to 264 00:17:04,240 --> 00:17:06,799 be a specific case on this specific 265 00:17:06,799 --> 00:17:08,439 property that makes it different from 266 00:17:08,439 --> 00:17:10,600 all the Neighbors in the region so if 267 00:17:10,600 --> 00:17:13,079 all the neighbors had a thing where they 268 00:17:13,079 --> 00:17:14,959 wanted to say we want to allow parking 269 00:17:14,959 --> 00:17:17,439 in the front lot of our yard it wouldn't 270 00:17:17,439 --> 00:17:19,400 be under the purview of this board I 271 00:17:19,400 --> 00:17:20,679 don't believe it would actually have to 272 00:17:20,679 --> 00:17:23,880 be a change in the zoning ordinances and 273 00:17:23,880 --> 00:17:25,400 you know the board's higher higher than 274 00:17:25,400 --> 00:17:27,679 this um 275 00:17:27,679 --> 00:17:32,679 so yeah yeah um that's my summary of of 276 00:17:32,679 --> 00:17:34,760 what I think is going on but I don't I 277 00:17:34,760 --> 00:17:37,280 don't want to shortcut it if if we 278 00:17:37,280 --> 00:17:40,880 um if I'm misinterpreting things um and 279 00:17:40,880 --> 00:17:43,720 I'm happy I think next will give the 280 00:17:43,720 --> 00:17:45,160 town a chance to respond but I just want 281 00:17:45,160 --> 00:17:47,240 to make sure that's that's clear that 282 00:17:47,240 --> 00:17:48,720 I'm not actually sure if the board has 283 00:17:48,720 --> 00:17:51,799 the power in this scenario to to to 284 00:17:51,799 --> 00:17:53,799 Grant you the relief I think you're 285 00:17:53,799 --> 00:17:57,640 requesting um okay that said uh I will 286 00:17:57,640 --> 00:17:59,600 pass it to 287 00:17:59,600 --> 00:18:01,960 uh Town staff Miss Franklin um Miss 288 00:18:01,960 --> 00:18:03,720 Franklin this is her first time I 289 00:18:03,720 --> 00:18:05,480 believe presenting before this board so 290 00:18:05,480 --> 00:18:08,799 it typically what we ask of town staff 291 00:18:08,799 --> 00:18:10,559 is is Miss Franklin submitted a report 292 00:18:10,559 --> 00:18:13,240 which I believe you've seen as well 293 00:18:13,240 --> 00:18:16,120 um if you would give a brief summary of 294 00:18:16,120 --> 00:18:19,039 your report in as much or little detail 295 00:18:19,039 --> 00:18:21,640 as you like um and typically after 296 00:18:21,640 --> 00:18:23,960 you've done that we ask you to make a 297 00:18:23,960 --> 00:18:26,080 recommendation to the board uh based on 298 00:18:26,080 --> 00:18:29,840 the information you have so um 299 00:18:29,840 --> 00:18:34,400 that uh Miss Franklin okay thank you um 300 00:18:34,400 --> 00:18:37,919 so you all have my staff report and the 301 00:18:37,919 --> 00:18:40,720 town staff noticed the violation when 302 00:18:40,720 --> 00:18:44,039 they went to inspect for um for the 303 00:18:44,039 --> 00:18:45,919 rental license but they didn't note it 304 00:18:45,919 --> 00:18:48,360 necessarily they just noticed that it 305 00:18:48,360 --> 00:18:50,640 was there um and that's how we knew 306 00:18:50,640 --> 00:18:54,240 there would be a permit required 307 00:18:54,240 --> 00:18:55,960 um 308 00:18:55,960 --> 00:19:00,200 the other properties um may or may not 309 00:19:00,200 --> 00:19:03,520 have permits or variances for what they 310 00:19:03,520 --> 00:19:06,880 have um that's not really a factor in 311 00:19:06,880 --> 00:19:09,159 determining um whether there was an 312 00:19:09,159 --> 00:19:12,960 error in the interpretation here so 313 00:19:12,960 --> 00:19:15,000 you'll see in my staff report that I 314 00:19:15,000 --> 00:19:17,200 show the existing condition which yes 315 00:19:17,200 --> 00:19:19,000 there is concrete but there's also a 316 00:19:19,000 --> 00:19:21,200 vegetated space between the concrete and 317 00:19:21,200 --> 00:19:25,240 the road um which is I'm I'm trying not 318 00:19:25,240 --> 00:19:27,120 to use the word critical but this is in 319 00:19:27,120 --> 00:19:29,720 the critical area and so that storm 320 00:19:29,720 --> 00:19:30,640 water 321 00:19:30,640 --> 00:19:34,400 flow between the street and the property 322 00:19:34,400 --> 00:19:36,039 um trying to keep storm water on the 323 00:19:36,039 --> 00:19:38,480 property is important in the critical 324 00:19:38,480 --> 00:19:40,080 area and that's part of why we want to 325 00:19:40,080 --> 00:19:41,280 make sure we're reviewing all the 326 00:19:41,280 --> 00:19:45,240 permits ahead of time and that's part of 327 00:19:45,240 --> 00:19:47,320 what I am saying when I'm saying there's 328 00:19:47,320 --> 00:19:50,960 vegetation removed um 329 00:19:50,960 --> 00:19:53,679 so when this first came in I wanted to 330 00:19:53,679 --> 00:19:55,760 make sure that I checked for all 331 00:19:55,760 --> 00:19:59,720 possible exceptions to 20 332 00:19:59,720 --> 00:20:02,720 992a parking loading 7 location of a 333 00:20:02,720 --> 00:20:05,280 parking space um and I went through all 334 00:20:05,280 --> 00:20:07,440 our requirements and there really wasn't 335 00:20:07,440 --> 00:20:10,600 a way to give an exception for parking 336 00:20:10,600 --> 00:20:13,039 in the front yard 337 00:20:13,039 --> 00:20:16,679 so simply put it says parking for 338 00:20:16,679 --> 00:20:18,360 private residences in residential 339 00:20:18,360 --> 00:20:19,880 districts shall not be located within 340 00:20:19,880 --> 00:20:22,080 the front setback area between the 341 00:20:22,080 --> 00:20:24,960 principal structure in the SE Street um 342 00:20:24,960 --> 00:20:26,919 I feel I felt like that was pretty 343 00:20:26,919 --> 00:20:29,080 straightforward was unable to find an 344 00:20:29,080 --> 00:20:32,400 exception and so that is why I 345 00:20:32,400 --> 00:20:38,070 denied recommended the 346 00:20:38,080 --> 00:20:40,159 denial and that would 347 00:20:40,159 --> 00:20:42,280 be that would be your recommendation 348 00:20:42,280 --> 00:20:44,720 would would deny oh you sorry I wasn't 349 00:20:44,720 --> 00:20:47,200 sure to go right into that so so yes my 350 00:20:47,200 --> 00:20:50,159 recommendation would be to deny the 351 00:20:50,159 --> 00:20:52,960 request for an error in interpretation 352 00:20:52,960 --> 00:20:56,080 um unless there I don't think there's an 353 00:20:56,080 --> 00:20:57,600 error in this 354 00:20:57,600 --> 00:20:59,679 interpretation 355 00:20:59,679 --> 00:21:01,200 any members of the board have questions 356 00:21:01,200 --> 00:21:03,080 for Town 357 00:21:03,080 --> 00:21:08,120 sta not questions um Sarah directly but 358 00:21:08,120 --> 00:21:10,840 I do have some comments I can hold until 359 00:21:10,840 --> 00:21:13,039 later 360 00:21:13,039 --> 00:21:17,360 um we can during deliberation yeah yeah 361 00:21:17,360 --> 00:21:19,440 maybe I jump the gun as well 362 00:21:19,440 --> 00:21:22,039 um okay uh yeah let's hold that we'll go 363 00:21:22,039 --> 00:21:25,400 into deliberations pretty shortly 364 00:21:25,400 --> 00:21:29,279 um uh with that um would any members of 365 00:21:29,279 --> 00:21:30,840 the public member of the public like to 366 00:21:30,840 --> 00:21:33,039 come and state your name who you 367 00:21:33,039 --> 00:21:36,200 represent if yourself um and we need to 368 00:21:36,200 --> 00:21:39,190 squore people 369 00:21:39,200 --> 00:21:44,160 in doing the 370 00:21:44,170 --> 00:21:51,950 [Music] 371 00:21:51,960 --> 00:21:55,760 honors I do good evening would you like 372 00:21:55,760 --> 00:21:59,159 me to sign in uh yes if you would and 373 00:21:59,159 --> 00:22:01,559 you can just sayate your 374 00:22:01,559 --> 00:22:06,710 name here my name is Kathleen 375 00:22:06,720 --> 00:22:11,880 bural and I live at 7409 B Street which 376 00:22:11,880 --> 00:22:27,510 is a few blocks from uh Mr Buck heiser's 377 00:22:27,520 --> 00:22:32,070 property 378 00:22:32,080 --> 00:22:34,360 uh I just wanted to say I go buy this 379 00:22:34,360 --> 00:22:36,520 property every day I'm very familiar I 380 00:22:36,520 --> 00:22:39,760 knew the former owner to the property 381 00:22:39,760 --> 00:22:45,279 and um my comment is uh everybody does 382 00:22:45,279 --> 00:22:47,360 park on the street there and I do 383 00:22:47,360 --> 00:22:49,440 believe you can get two cars in front of 384 00:22:49,440 --> 00:22:51,760 that house I think the way it's been set 385 00:22:51,760 --> 00:22:55,200 up now with these concrete barriers and 386 00:22:55,200 --> 00:22:58,600 the gravel uh it's starting to look like 387 00:22:58,600 --> 00:23:01,039 rental property neighborhood it's a it's 388 00:23:01,039 --> 00:23:03,200 a residential neighborhood and it's 389 00:23:03,200 --> 00:23:05,520 unsightly because both of those Vehicles 390 00:23:05,520 --> 00:23:07,600 whether they're being used currently 391 00:23:07,600 --> 00:23:11,960 right now um the the renter right now is 392 00:23:11,960 --> 00:23:14,000 parking on the street but they've 393 00:23:14,000 --> 00:23:16,039 already added these concrete barriers 394 00:23:16,039 --> 00:23:19,000 they've added gravel um as if this was 395 00:23:19,000 --> 00:23:22,320 already approved and if those vehicles 396 00:23:22,320 --> 00:23:25,360 are going to park in front of that home 397 00:23:25,360 --> 00:23:26,919 they are either going to pull all the 398 00:23:26,919 --> 00:23:29,080 way into 399 00:23:29,080 --> 00:23:32,320 almost under the windows um on either 400 00:23:32,320 --> 00:23:37,039 side of the I guess the the PCH to walk 401 00:23:37,039 --> 00:23:39,760 inside the house and I think I I think 402 00:23:39,760 --> 00:23:44,080 it looks very uh unsightly myself um you 403 00:23:44,080 --> 00:23:45,840 know the cars will back right up to the 404 00:23:45,840 --> 00:23:49,600 window so I I just wanted to note that 405 00:23:49,600 --> 00:23:52,720 and as uh Mr Buck Heiser said nobody 406 00:23:52,720 --> 00:23:55,320 else on that parking uh nobody else 407 00:23:55,320 --> 00:23:58,960 parked that way on the street uh and and 408 00:23:58,960 --> 00:24:00,960 there is the house across the street 409 00:24:00,960 --> 00:24:03,559 does have a driveway but that's that's 410 00:24:03,559 --> 00:24:04,640 part of the community of the 411 00:24:04,640 --> 00:24:06,799 neighborhood I live up on B Street where 412 00:24:06,799 --> 00:24:10,799 parking is even more constricted um but 413 00:24:10,799 --> 00:24:14,000 with my neighbors we all when I have 414 00:24:14,000 --> 00:24:18,840 company or um I have an event at my home 415 00:24:18,840 --> 00:24:20,880 sometimes people park over at the school 416 00:24:20,880 --> 00:24:23,400 they walk across the street but as far 417 00:24:23,400 --> 00:24:25,480 as the issue of a conflict with the 418 00:24:25,480 --> 00:24:30,000 neighbors uh I I don't see that we're neighbors we understand that 419 00:24:30,000 --> 00:24:34,679 parking is is uh at a premium here and 420 00:24:34,679 --> 00:24:37,919 uh we work it out when there's an event 421 00:24:37,919 --> 00:24:39,640 you can park in front of my house or I 422 00:24:39,640 --> 00:24:42,000 can park in front of your house but I I 423 00:24:42,000 --> 00:24:44,640 just think with the way it's been set up 424 00:24:44,640 --> 00:24:47,159 with the gravel and those concrete 425 00:24:47,159 --> 00:24:49,919 barriers it it's starting if every house 426 00:24:49,919 --> 00:24:52,200 on the street now we're starting to look 427 00:24:52,200 --> 00:24:56,240 like a rental neighborhood and not a a 428 00:24:56,240 --> 00:24:59,760 community so thank you for your 429 00:24:59,760 --> 00:25:02,679 time see no other public members um 430 00:25:02,679 --> 00:25:05,120 Sharon I believe we've received one 431 00:25:05,120 --> 00:25:07,240 public comment on this is that 432 00:25:07,240 --> 00:25:09,440 correct and this would 433 00:25:09,440 --> 00:25:12,399 be uh dated March 434 00:25:12,399 --> 00:25:15,919 24 from uh Miss Patrick Mahoney is that 435 00:25:15,919 --> 00:25:19,960 correct yes uh so we received this uh 436 00:25:19,960 --> 00:25:21,360 through the town hall which was then 437 00:25:21,360 --> 00:25:23,520 sent with our the information on this 438 00:25:23,520 --> 00:25:28,000 case to board um I will read that out 439 00:25:28,000 --> 00:25:29,120 loud 440 00:25:29,120 --> 00:25:31,640 um dear chese Beach Board of Appeals uh 441 00:25:31,640 --> 00:25:32,919 as an adjacent property owner I'm 442 00:25:32,919 --> 00:25:34,320 writing to ask that you oppose the 443 00:25:34,320 --> 00:25:36,960 request for variance uh from protection 444 00:25:36,960 --> 00:25:40,470 property purchasers case 445 00:25:40,480 --> 00:25:42,559 20241 uh as you well know granting of 446 00:25:42,559 --> 00:25:44,120 variance is an exception to the rules in 447 00:25:44,120 --> 00:25:46,000 this case the residents in neighbor uh 448 00:25:46,000 --> 00:25:47,559 neighborhood would be harmed from both 449 00:25:47,559 --> 00:25:49,520 an aesthetic and negative property value 450 00:25:49,520 --> 00:25:51,360 perspective we have lived across the 451 00:25:51,360 --> 00:25:54,279 street from uh 411 14th Street for 30 452 00:25:54,279 --> 00:25:56,480 years we have a tidy respectable block 453 00:25:56,480 --> 00:25:57,799 allowing for parking within the front 454 00:25:57,799 --> 00:25:59,360 setback will give the entire block a 455 00:25:59,360 --> 00:26:01,919 deteriorating declining look now once in 456 00:26:01,919 --> 00:26:03,679 30 years has a resident of that property 457 00:26:03,679 --> 00:26:05,039 not been able to parallel park on the 458 00:26:05,039 --> 00:26:06,720 Town Street in front of their residents 459 00:26:06,720 --> 00:26:08,960 not once I realize and appreciate that 460 00:26:08,960 --> 00:26:10,120 the new owners of the property are 461 00:26:10,120 --> 00:26:12,159 landlords and not full-time residents 462 00:26:12,159 --> 00:26:13,559 possibly the small town look of our 463 00:26:13,559 --> 00:26:15,000 block isn't the same concern that 464 00:26:15,000 --> 00:26:18,039 full-time residents uh for many decades 465 00:26:18,039 --> 00:26:22,000 have I ask uh you to respect and support 466 00:26:22,000 --> 00:26:24,399 our quote small town charm and deny the 467 00:26:24,399 --> 00:26:26,320 applicants uh request for a variance in 468 00:26:26,320 --> 00:26:27,240 case 469 00:26:27,240 --> 00:26:31,269 2024 470 00:26:31,279 --> 00:26:36,909 4 uh 406 14th 471 00:26:36,919 --> 00:26:40,320 Street so I believe should correct me 472 00:26:40,320 --> 00:26:42,720 are there any others is that 473 00:26:42,720 --> 00:26:46,960 just um okay uh so that is the end of 474 00:26:46,960 --> 00:26:49,279 public comments the last section before 475 00:26:49,279 --> 00:26:51,240 we close is any summary statements or 476 00:26:51,240 --> 00:26:52,559 additional statements you'd like to make 477 00:26:52,559 --> 00:26:54,399 it this time Mr Bist or anybody in this 478 00:26:54,399 --> 00:26:56,840 room really um the floor is open if 479 00:26:56,840 --> 00:27:01,950 you'd like it if not we can 480 00:27:01,960 --> 00:27:04,640 continue uh well I would just like to 481 00:27:04,640 --> 00:27:07,240 say that the 482 00:27:07,240 --> 00:27:10,600 um the pro the condition of the property 483 00:27:10,600 --> 00:27:13,760 before we renovate it it 484 00:27:13,760 --> 00:27:17,720 was not very good condition and I feel 485 00:27:17,720 --> 00:27:21,399 that we improved it tremendously uh both 486 00:27:21,399 --> 00:27:24,919 from the exterior and inside to add 487 00:27:24,919 --> 00:27:27,559 value to uh to everybody in that 488 00:27:27,559 --> 00:27:28,760 community 489 00:27:28,760 --> 00:27:31,720 um I didn't come prepared with pictures 490 00:27:31,720 --> 00:27:34,480 prior to the renovation but it it was in 491 00:27:34,480 --> 00:27:38,600 very poor condition and we um we spent a 492 00:27:38,600 --> 00:27:41,720 lot of time and money to improve it and 493 00:27:41,720 --> 00:27:48,110 I believe we did 494 00:27:48,120 --> 00:27:51,559 that all right thank you um seeing no 495 00:27:51,559 --> 00:27:55,799 more um I move to close or I will 496 00:27:55,799 --> 00:27:57,679 entertain a motion to close the public 497 00:27:57,679 --> 00:28:01,360 hearing do I have a second or motion 498 00:28:01,360 --> 00:28:04,720 still move second I second it all right 499 00:28:04,720 --> 00:28:06,279 the public hearing is closed at this 500 00:28:06,279 --> 00:28:07,960 point uh the board will Talk Amongst 501 00:28:07,960 --> 00:28:11,760 ourselves for you all to hear um and uh 502 00:28:11,760 --> 00:28:15,519 we'll ask questions if rise but please 503 00:28:15,519 --> 00:28:17,919 don't jump to uh to interrupt or 504 00:28:17,919 --> 00:28:20,559 anything like that um all right where do 505 00:28:20,559 --> 00:28:22,840 we want to start you had you had 506 00:28:22,840 --> 00:28:24,840 something you wanted to say and want you 507 00:28:24,840 --> 00:28:28,600 open up yes um so going into this I 508 00:28:28,600 --> 00:28:30,960 thought this was a case about 509 00:28:30,960 --> 00:28:34,000 parking and and I'm at a bit of a disadv 510 00:28:34,000 --> 00:28:35,360 Advantage because I don't have the 511 00:28:35,360 --> 00:28:37,159 application in front of 512 00:28:37,159 --> 00:28:40,159 me but what I'm hearing now is it's not 513 00:28:40,159 --> 00:28:45,509 about parking it's about the 514 00:28:45,519 --> 00:28:51,470 gravel am I incorrect in that 515 00:28:51,480 --> 00:28:53,519 regard issue 516 00:28:53,519 --> 00:29:00,950 is whether this parking in the front 517 00:29:00,960 --> 00:29:14,990 yard happen to be that Park P 518 00:29:15,000 --> 00:29:17,519 Parking I 519 00:29:17,519 --> 00:29:20,200 think is that stated in the 520 00:29:20,200 --> 00:29:22,080 application I don't have that in front 521 00:29:22,080 --> 00:29:26,159 of me the decision on interpretation or 522 00:29:26,159 --> 00:29:28,600 alleged error States owner 523 00:29:28,600 --> 00:29:30,360 recently purchased and renovated 524 00:29:30,360 --> 00:29:32,840 property there is no parking space 525 00:29:32,840 --> 00:29:35,720 tenant parks on street that is what's 526 00:29:35,720 --> 00:29:38,840 written in that 527 00:29:38,840 --> 00:29:42,320 section feels so the the appellant I 528 00:29:42,320 --> 00:29:45,000 heard the appellant say that there's no 529 00:29:45,000 --> 00:29:47,799 one parking in that space currently 530 00:29:47,799 --> 00:29:49,919 although there's nothing to prevent 531 00:29:49,919 --> 00:29:52,399 someone from doing it in the 532 00:29:52,399 --> 00:29:56,279 future um and I didn't hear anything 533 00:29:56,279 --> 00:29:59,600 that stated that the gravel was put down 534 00:29:59,600 --> 00:30:03,000 with the intent of allowing 535 00:30:03,000 --> 00:30:06,279 parking so I'm confused as to what this 536 00:30:06,279 --> 00:30:08,240 case is about what is is it about 537 00:30:08,240 --> 00:30:09,880 parking or is it about just laying 538 00:30:09,880 --> 00:30:12,600 gravel down I think it's about parking 539 00:30:12,600 --> 00:30:15,519 in the area in front of the house front 540 00:30:15,519 --> 00:30:17,640 of the house but but 541 00:30:17,640 --> 00:30:20,279 there's within the front set but I don't 542 00:30:20,279 --> 00:30:23,720 hear any any testimony or any 543 00:30:23,720 --> 00:30:26,760 words that say that was the intention of 544 00:30:26,760 --> 00:30:28,480 laying down the gravel yeah it's 545 00:30:28,480 --> 00:30:30,120 definitely I think a gray space like you 546 00:30:30,120 --> 00:30:32,080 can I think probably put gravel in your 547 00:30:32,080 --> 00:30:34,240 front yard if you want to do it and I 548 00:30:34,240 --> 00:30:36,200 see at least in this one 549 00:30:36,200 --> 00:30:39,559 picture the property the property next 550 00:30:39,559 --> 00:30:42,240 door has 551 00:30:42,240 --> 00:30:46,200 Stone in down in the front set back the 552 00:30:46,200 --> 00:30:48,880 specific area that this house resides in 553 00:30:48,880 --> 00:30:51,200 has criteria that has to be met if 554 00:30:51,200 --> 00:30:52,760 you're going to be renovating the 555 00:30:52,760 --> 00:30:55,960 Landscaping aspect of it because of the 556 00:30:55,960 --> 00:30:57,639 drainage and the critical area that it's 557 00:30:57,639 --> 00:31:01,320 in so just putting in stone or changing 558 00:31:01,320 --> 00:31:04,000 the Landscaping would then have to have 559 00:31:04,000 --> 00:31:06,279 a benefit there's a 560 00:31:06,279 --> 00:31:08,840 10% given it has to have a benefit when 561 00:31:08,840 --> 00:31:13,600 you redo that and and so the pictures I 562 00:31:13,600 --> 00:31:16,240 saw that the appellant showed of the 563 00:31:16,240 --> 00:31:18,480 property at the time of closing or 564 00:31:18,480 --> 00:31:20,840 shortly around that 565 00:31:20,840 --> 00:31:24,519 time um the front yard looked pretty 566 00:31:24,519 --> 00:31:28,919 ragged I mean I didn't see much there 567 00:31:28,919 --> 00:31:30,960 and that would lead me to believe well 568 00:31:30,960 --> 00:31:33,039 there's flood control here because 569 00:31:33,039 --> 00:31:34,000 there's 570 00:31:34,000 --> 00:31:37,279 vegetation um I I can ask a question 571 00:31:37,279 --> 00:31:39,799 yeah so is there a reason why that 572 00:31:39,799 --> 00:31:43,960 wasn't mentioned in your application in 573 00:31:43,960 --> 00:31:46,159 the first place or for us because I 574 00:31:46,159 --> 00:31:47,960 think a lot of us had an idea of what it 575 00:31:47,960 --> 00:31:49,679 looked like from what Google Maps or 576 00:31:49,679 --> 00:31:52,919 something else have as this report shows 577 00:31:52,919 --> 00:31:54,760 and I forget the date that that picture 578 00:31:54,760 --> 00:31:57,519 was from but somewhere in the middle 579 00:31:57,519 --> 00:31:59,840 you're showing us a picture of concrete 580 00:31:59,840 --> 00:32:01,279 right which should have been there for a 581 00:32:01,279 --> 00:32:03,279 while if it was broken up I showed a 582 00:32:03,279 --> 00:32:06,159 picture from October 6th which was the 583 00:32:06,159 --> 00:32:08,360 last picture I had prior to when I 584 00:32:08,360 --> 00:32:10,519 settled on it which was October 11th 585 00:32:10,519 --> 00:32:12,720 correct I think part of the confusion 586 00:32:12,720 --> 00:32:14,240 that we all have is that's the first 587 00:32:14,240 --> 00:32:17,440 time we've seen that picture we saw 588 00:32:17,440 --> 00:32:19,760 grass and some concrete but not that 589 00:32:19,760 --> 00:32:22,919 much concrete and then we saw the gravel 590 00:32:22,919 --> 00:32:25,080 and so I think some of us are right 591 00:32:25,080 --> 00:32:27,559 isn't that part of the confusion is what 592 00:32:27,559 --> 00:32:29,840 are we compare what apples and oranges 593 00:32:29,840 --> 00:32:32,039 are we comparing here and where's this 594 00:32:32,039 --> 00:32:34,480 conversation and 595 00:32:34,480 --> 00:32:38,480 also is gravel less conducive to flood 596 00:32:38,480 --> 00:32:42,559 control than a bare lot with broken 597 00:32:42,559 --> 00:32:44,840 concrete let's let's pause and ask Town 598 00:32:44,840 --> 00:32:47,000 staff we've said at least one thing 599 00:32:47,000 --> 00:32:48,480 wrong by me so why don't you go ahead 600 00:32:48,480 --> 00:32:50,960 and correct what I said wrong and then 601 00:32:50,960 --> 00:32:53,120 answer Paul with regards the 602 00:32:53,120 --> 00:32:55,679 conductivity gravel constitutes an 603 00:32:55,679 --> 00:32:58,399 impervious surface and and when so 604 00:32:58,399 --> 00:33:01,080 gravel constitutes an impervious surface 605 00:33:01,080 --> 00:33:03,000 when you're increasing the impervious 606 00:33:03,000 --> 00:33:05,639 surface on your lot in the critical area 607 00:33:05,639 --> 00:33:09,120 you have to mitigate that by reducing 608 00:33:09,120 --> 00:33:10,880 storm water runoff and improving storm 609 00:33:10,880 --> 00:33:14,480 water quality by 10% um we usually 610 00:33:14,480 --> 00:33:16,960 address that on the individual Lots with 611 00:33:16,960 --> 00:33:22,960 plantings um between the street and the 612 00:33:22,960 --> 00:33:26,799 impervious surface to reduce the impacts 613 00:33:26,799 --> 00:33:30,240 on the town storm water systems so 614 00:33:30,240 --> 00:33:33,880 there's that piece and if this was 615 00:33:33,880 --> 00:33:35,639 something that was going to be granted 616 00:33:35,639 --> 00:33:38,639 in a different scenario than the one 617 00:33:38,639 --> 00:33:40,279 we're looking at it would actually have 618 00:33:40,279 --> 00:33:43,159 to go potentially to critical area 619 00:33:43,159 --> 00:33:47,320 before it could be approved the concrete 620 00:33:47,320 --> 00:33:50,200 I'm not sure you know I don't know what 621 00:33:50,200 --> 00:33:52,240 it looked like in October I don't know 622 00:33:52,240 --> 00:33:55,639 if the grass was just dead in October um 623 00:33:55,639 --> 00:33:58,960 and I think part of the issue is 624 00:33:58,960 --> 00:34:03,120 the pre-existing condition isn't 625 00:34:03,120 --> 00:34:05,240 actually it doesn't 626 00:34:05,240 --> 00:34:09,599 actually affect that 10% rule so when 627 00:34:09,599 --> 00:34:11,679 you're increasing the impervious surface 628 00:34:11,679 --> 00:34:13,480 and you're you're redeveloping you're 629 00:34:13,480 --> 00:34:16,240 pulling out that you're going to have 630 00:34:16,240 --> 00:34:20,560 to increase your or storm water runoff 631 00:34:20,560 --> 00:34:23,760 idea of the critical area rules is that 632 00:34:23,760 --> 00:34:27,839 overtime um the impacts of flooding are 633 00:34:27,839 --> 00:34:30,879 lessoned for the whole 634 00:34:30,879 --> 00:34:34,440 community so my this was presented as a 635 00:34:34,440 --> 00:34:38,720 parking area to the town in the original 636 00:34:38,720 --> 00:34:40,520 application 637 00:34:40,520 --> 00:34:43,960 so it simply is not allowed as a parking 638 00:34:43,960 --> 00:34:46,440 area in a straightforward 639 00:34:46,440 --> 00:34:48,520 interpretation um and that's what I 640 00:34:48,520 --> 00:34:51,639 think we should stick with for 641 00:34:51,639 --> 00:34:54,560 this that's my my advice is to stick 642 00:34:54,560 --> 00:34:57,520 with what is actually in front of us I 643 00:34:57,520 --> 00:35:00,280 don't know if I'm stepping overstepping 644 00:35:00,280 --> 00:35:02,839 there say that that answer your question 645 00:35:02,839 --> 00:35:04,599 Paul no not 646 00:35:04,599 --> 00:35:06,680 really again I don't have the 647 00:35:06,680 --> 00:35:09,400 application in front of me does the 648 00:35:09,400 --> 00:35:12,640 application the application requesting a 649 00:35:12,640 --> 00:35:17,230 parking 650 00:35:17,240 --> 00:35:21,200 area I think it's more that the the work 651 00:35:21,200 --> 00:35:24,520 was done so this was an after the fact 652 00:35:24,520 --> 00:35:27,800 was it done to allow parking that is 653 00:35:27,800 --> 00:35:29,200 what was 654 00:35:29,200 --> 00:35:32,520 stated stated today it sounds like is to 655 00:35:32,520 --> 00:35:35,440 replace existing parking is it stated in 656 00:35:35,440 --> 00:35:38,000 the application I heard the app the the 657 00:35:38,000 --> 00:35:40,520 appellant here say 658 00:35:40,520 --> 00:35:43,440 that that there's no one parking there 659 00:35:43,440 --> 00:35:46,760 now and I mean it references A7 which is 660 00:35:46,760 --> 00:35:49,720 the section for location of parking 661 00:35:49,720 --> 00:35:52,280 space what are we looking where be on 662 00:35:52,280 --> 00:35:54,720 page one at the top handw written line 663 00:35:54,720 --> 00:35:56,599 at the bottom so the like bottom 664 00:35:56,599 --> 00:36:04,589 paragraph that first 665 00:36:04,599 --> 00:36:06,920 the applicants 666 00:36:06,920 --> 00:36:09,680 um statement is that the owner recently 667 00:36:09,680 --> 00:36:12,280 purchased so the applicant is asking for 668 00:36:12,280 --> 00:36:15,670 parking 669 00:36:15,680 --> 00:36:18,680 yeah 670 00:36:18,680 --> 00:36:22,319 apparently is is that the case yes sir 671 00:36:22,319 --> 00:36:25,599 okay so my 672 00:36:25,599 --> 00:36:28,920 bad um so so it's application for a 673 00:36:28,920 --> 00:36:30,480 parking 674 00:36:30,480 --> 00:36:33,880 space now my uh although I will ask 675 00:36:33,880 --> 00:36:37,640 about when you mention it's the gravel's 676 00:36:37,640 --> 00:36:40,599 impervious um I mean asphalt's 677 00:36:40,599 --> 00:36:44,880 impervious uh concrete's impervious but 678 00:36:44,880 --> 00:36:47,480 gravel has voids that allows water to 679 00:36:47,480 --> 00:36:49,910 flow 680 00:36:49,920 --> 00:36:52,680 through it it depends on how deep the 681 00:36:52,680 --> 00:36:57,920 gravel is um so there's there's probably 682 00:36:57,920 --> 00:37:00,920 ways to address it um but I didn't 683 00:37:00,920 --> 00:37:02,800 actually go into a critical area 684 00:37:02,800 --> 00:37:05,319 interpretation in the denial because it 685 00:37:05,319 --> 00:37:08,839 was violating a basic piece of the 686 00:37:08,839 --> 00:37:10,839 zoning 687 00:37:10,839 --> 00:37:14,200 ordinance yeah I I mean I already kind 688 00:37:14,200 --> 00:37:19,960 of stated at beginning is said I'm not quite sure what we can do here 689 00:37:19,960 --> 00:37:24,160 um because there's no part of the zoning 690 00:37:24,160 --> 00:37:27,920 code that was misapplied in this case um 691 00:37:27,920 --> 00:37:29,440 the rules are the 692 00:37:29,440 --> 00:37:31,000 rules 693 00:37:31,000 --> 00:37:34,400 and this particular front lot doesn't 694 00:37:34,400 --> 00:37:38,400 allow um for parking in the in the 695 00:37:38,400 --> 00:37:42,800 setback and there's there's no kind of 696 00:37:42,800 --> 00:37:44,560 statement that this rule was misapplied 697 00:37:44,560 --> 00:37:46,560 in this case it applies to all the 698 00:37:46,560 --> 00:37:48,800 houses in the neighborhood and you know 699 00:37:48,800 --> 00:37:51,119 I'm assuming the ones with driveways 700 00:37:51,119 --> 00:37:52,680 went through their own permiting process 701 00:37:52,680 --> 00:37:54,480 to get you know whatever the process is 702 00:37:54,480 --> 00:37:56,680 for them so you know a distinct 703 00:37:56,680 --> 00:37:59,359 situation um I just I don't think 704 00:37:59,359 --> 00:38:01,599 there's anything we can do here without 705 00:38:01,599 --> 00:38:03,560 saying what would happen if this was a 706 00:38:03,560 --> 00:38:05,319 variance case I think our conversation 707 00:38:05,319 --> 00:38:07,280 could go in all sorts of directions 708 00:38:07,280 --> 00:38:09,680 right now but this isn't a variance case 709 00:38:09,680 --> 00:38:11,440 this is whether there's an error is 710 00:38:11,440 --> 00:38:15,200 there an error in 29020 711 00:38:15,200 --> 00:38:19,079 A7 that was not applied and I think 712 00:38:19,079 --> 00:38:21,400 regardless of what was there before and 713 00:38:21,400 --> 00:38:24,200 what's there now that's really 714 00:38:24,200 --> 00:38:28,160 our the only thing we need to answer I 715 00:38:28,160 --> 00:38:30,839 also I'll say that 716 00:38:30,839 --> 00:38:33,400 uh the the question of vegetation and 717 00:38:33,400 --> 00:38:38,079 the gravel is a separate issue 718 00:38:38,079 --> 00:38:41,880 parking if we're focusing simply 719 00:38:41,880 --> 00:38:46,589 on ordinance 720 00:38:46,599 --> 00:38:50,400 2902a then I don't know that we have 721 00:38:50,400 --> 00:38:53,720 anything to say about gravel and 722 00:38:53,720 --> 00:38:56,440 vegetation yeah if this was a I want a 723 00:38:56,440 --> 00:38:58,760 variance for a park space you know maybe 724 00:38:58,760 --> 00:39:00,160 we could make some considerations and 725 00:39:00,160 --> 00:39:02,440 tradeoffs to improve the prvious cious 726 00:39:02,440 --> 00:39:06,440 surfaces whatever but that yeah that's a 727 00:39:06,440 --> 00:39:08,480 not really not really what's going 728 00:39:08,480 --> 00:39:10,720 on even then it's 729 00:39:10,720 --> 00:39:13,000 a the high 730 00:39:13,000 --> 00:39:17,079 bar um to hit that the there there are 731 00:39:17,079 --> 00:39:18,880 some criteria that need to be met for 732 00:39:18,880 --> 00:39:21,119 variance that I think would also make 733 00:39:21,119 --> 00:39:24,470 that discussion of high 734 00:39:24,480 --> 00:39:26,839 bar we're not just here to discuss that 735 00:39:26,839 --> 00:39:28,359 although 736 00:39:28,359 --> 00:39:30,760 um it kind of begs the question of uh 737 00:39:30,760 --> 00:39:33,119 what what measures do you take to 738 00:39:33,119 --> 00:39:35,800 prevent it from becoming a parking space 739 00:39:35,800 --> 00:39:39,760 right and that's not yeah I'm yeah I 740 00:39:39,760 --> 00:39:41,200 don't know if we there's no enforcement 741 00:39:41,200 --> 00:39:43,119 mechanism and at least not with this 742 00:39:43,119 --> 00:39:45,920 board so I think we'd have to to punt 743 00:39:45,920 --> 00:39:47,839 that and let Town procedure wait for a 744 00:39:47,839 --> 00:39:50,640 violation find somebody parking there 745 00:39:50,640 --> 00:39:53,910 the town has a way to 746 00:39:53,920 --> 00:39:56,319 manage code 747 00:39:56,319 --> 00:39:59,470 violation 748 00:39:59,480 --> 00:40:01,240 is there any 749 00:40:01,240 --> 00:40:03,560 um any other directions we want to take 750 00:40:03,560 --> 00:40:05,920 this before we figure out what we want 751 00:40:05,920 --> 00:40:11,510 to do open 752 00:40:11,520 --> 00:40:15,640 floor okay um sorry I cut you 753 00:40:15,640 --> 00:40:19,839 off um in that case um I think from the 754 00:40:19,839 --> 00:40:21,160 sound of the 755 00:40:21,160 --> 00:40:25,040 board um I'm going to call for a vote to 756 00:40:25,040 --> 00:40:35,950 deny this request outright 757 00:40:35,960 --> 00:40:39,520 um um okay so 758 00:40:39,520 --> 00:40:41,720 um 759 00:40:41,720 --> 00:40:44,400 uh so to the 760 00:40:44,400 --> 00:40:47,160 board um let's have an up down 761 00:40:47,160 --> 00:40:51,280 vote um as to whether or not to deny 762 00:40:51,280 --> 00:40:53,400 this request I will go uh around the 763 00:40:53,400 --> 00:40:56,280 board members and and ask for approve or 764 00:40:56,280 --> 00:40:58,040 deny statement 765 00:40:58,040 --> 00:41:01,400 um to oh sorry I'll will ask whether you 766 00:41:01,400 --> 00:41:04,560 would like to deny this yes or no um Mr 767 00:41:04,560 --> 00:41:11,000 Richard Burch yes yes you wish to deny Mr Paul dhy this is an application 768 00:41:11,000 --> 00:41:13,960 to allow parking I deny it okay Miss Amy 769 00:41:13,960 --> 00:41:17,400 ever Den I all right thank you that is 770 00:41:17,400 --> 00:41:19,720 three of five we have 771 00:41:19,720 --> 00:41:23,480 a agreement um in which case we direct 772 00:41:23,480 --> 00:41:25,800 Mr susman to draft documents stating the 773 00:41:25,800 --> 00:41:28,319 board's decision to deny 774 00:41:28,319 --> 00:41:29,400 um this 775 00:41:29,400 --> 00:41:32,119 request 776 00:41:32,119 --> 00:41:37,880 um yeah okay um if there's nothing else 777 00:41:37,880 --> 00:41:40,560 um at this time uh we'll get back 778 00:41:40,560 --> 00:41:42,920 together and write up some paperwork but 779 00:41:42,920 --> 00:41:45,040 I don't think there's any urgent urgency 780 00:41:45,040 --> 00:41:46,960 to um to getting that paperwork to you 781 00:41:46,960 --> 00:41:50,920 guys um with that um I believe we're 782 00:41:50,920 --> 00:41:52,440 ready to adjourn at this time I'll 783 00:41:52,440 --> 00:41:54,440 entertain a motion to 784 00:41:54,440 --> 00:41:56,720 adjourn I'll make that motion can I ask 785 00:41:56,720 --> 00:42:00,359 one thing yeah so the uh the parking is 786 00:42:00,359 --> 00:42:03,680 denied with the um with the white stone 787 00:42:03,680 --> 00:42:04,720 that is 788 00:42:04,720 --> 00:42:07,040 existing the town has told me that I 789 00:42:07,040 --> 00:42:09,599 have to get that up is that yeah this 790 00:42:09,599 --> 00:42:12,160 board doesn't this this is like this is 791 00:42:12,160 --> 00:42:13,920 the board that allows flexibility and 792 00:42:13,920 --> 00:42:16,400 the rules of zoning so almost everything 793 00:42:16,400 --> 00:42:18,880 else as to as to the kind of the 794 00:42:18,880 --> 00:42:20,920 downstream consequences of of any 795 00:42:20,920 --> 00:42:22,720 decision is kind of out of our hands 796 00:42:22,720 --> 00:42:24,359 whatever the normal whatever the town 797 00:42:24,359 --> 00:42:26,680 said is what would have to happen with 798 00:42:26,680 --> 00:42:28,480 regards the stone and the concrete and 799 00:42:28,480 --> 00:42:32,240 the the front part of the property um 800 00:42:32,240 --> 00:42:36,440 yeah I I would say that um you know if 801 00:42:36,440 --> 00:42:38,240 that comes up I would like to know I'd 802 00:42:38,240 --> 00:42:40,920 like to see citations of which 803 00:42:40,920 --> 00:42:43,640 ordinances are are violated by that 804 00:42:43,640 --> 00:42:47,910 stone being 805 00:42:47,920 --> 00:42:52,040 there all right um uh did we I write a 806 00:42:52,040 --> 00:42:54,400 motion to adjourn do I have a second all 807 00:42:54,400 --> 00:42:56,960 in favor I all right we're adjourned 808 00:42:56,960 --> 00:43:25,510 thank thank you everybody thank 809 00:43:25,520 --> 00:43:28,520 you