[0:08] [Music]
[0:09] all right hello uh everybody uh this is
[0:11] a call to order for the chese beach
[0:13] board of appeals 700m April 8th
[0:16] 2024 as always we begin with a roll call
[0:19] um I will state board members names they
[0:21] will announce that they are present uh
[0:23] Mr Richard Burch present Mr Paul dhy
[0:26] present Miss Amy Everett present I am Mr
[0:29] Jody honar we have a quorum um so we
[0:32] only have one case uh here today but
[0:36] there is something that I would like
[0:38] to say before we begin um this is only
[0:41] the second case we've at least in my
[0:43] tenure we've heard of a
[0:45] misinterpretation or alleged error uh
[0:47] before this board so I'd like to verify
[0:49] something before we get started um
[0:51] briefly what we're expecting here is to
[0:53] show that the wording of the zoning
[0:54] ordinance and or other laws were misin
[0:58] uh misapplied or misinterpreted um
[1:00] stating specifically which sections were
[1:02] incorrectly applied or um is the applic
[1:05] applicant prepared to present on this
[1:08] yes sir all right in that case we can
[1:11] begin uh so we are going to hear case
[1:13] 20241 to consider an application from BX
[1:16] and property purchasers
[1:17] LLC uh Carl buckheister is that you yes uh who's the owner of real property
[1:23] known as 40111 14th Street Chesapeake
[1:25] Beach Maryland for a decision on
[1:27] interpretation or alleged error of
[1:28] Article 5 section 29020 parking and
[1:31] loading uh subsection a general
[1:33] regulations applying to the required off
[1:34] street parking facilities uh point 7 the
[1:37] location of parking space the applicant
[1:39] is requesting of chesap Beach uh zoning
[1:41] board of appeals A variation from the
[1:43] requirements of 29020 A7 restricting
[1:47] parking within the front setback for
[1:48] private residences uh so what we'll be
[1:51] doing here today in terms of order of
[1:53] presentation will be uh following the
[1:55] what's documented in our rules of
[1:57] procedures attachment a uh we start with
[1:59] the appellant testimony and evidence
[2:01] including any Witnesses um um followed
[2:05] up by Town staff testimony and evidence
[2:07] with Miss Franklin um and third would be
[2:10] testimony and evidence by the person or
[2:12] entity whose rights are impacted by the
[2:14] appeal this would be any members of the
[2:16] public in attendance or any letters
[2:18] received uh which I will read uh at Theo
[2:21] time if we have any um this will fi
[2:24] finish this with any summary statements
[2:26] anyone wants to give at which point we
[2:28] will close the public hearing and begin
[2:30] deliberations that said I will pass it
[2:33] to the petitioner Mr Buck Heiser of pin
[2:35] properties purchasers
[2:38] LLC lell thanks for seeing me today um I
[2:43] uh I have one picture uh I don't know
[2:47] when the picture was taken that was in
[2:48] the report that the town uh submitted um
[2:52] I have one picture that's closest to uh
[2:56] the date that I settled it's from uh
[2:59] October 6
[3:00] um it's in black and white but I'd like
[3:03] to submit it I think you'll see that
[3:05] there was not existing vegetation in
[3:09] fact it was a concrete sidewalk and then
[3:12] slabs of concrete on each side so I'd
[3:15] like to submit
[3:28] that
[3:49] so this that's the
[3:51] settlement statement on my 11 that's the
[3:55] last picture I have exterior of the
[3:58] house
[4:06] well we probably should go back to um
[4:09] the affidavit the publication affidavit
[4:12] which I usually read in the
[4:18] beginning so what you mind doing that
[4:20] I'm so sorry announce that we posted
[4:25] public okay in the matter of the
[4:27] application from for tuin property purch
[4:29] purchasers
[4:30] LLC I cause to be published in the
[4:33] southern Maryland News newspaper a
[4:35] notice of this April 8th 2024 public
[4:38] hearing on case number
[4:45] 2024-25 and April 5th notice was
[4:49] provided to the Planning Commission on
[4:51] February 27 2024 on March 8th 2024
[4:56] notice was provided by registered mail
[4:58] to the appli and adjoining property
[5:01] owners the property was posted by the
[5:03] public works department on March 15
[5:09] 2024 my
[5:14] mistake so we want to add turn this into
[5:18] or you can add it as a supplement to his
[5:20] uh original application that works will
[5:24] be calling
[5:27] for I also like to submit another
[5:29] photograph that was just taken today um
[5:33] the picture that was in the report uh
[5:36] did not I don't know if this uh means
[5:39] anything but the uh vegetation on the
[5:42] neighbor side is is still existing it's
[5:46] poor quality photo but I think you'll
[5:49] get the gist um to the right of the
[5:51] house this would be taken around
[5:55] this okay that's
[5:58] good
[6:03] okay and if you could please sit at the
[6:05] microphone so that we'd be able to hear
[6:07] you there you
[6:28] go
[6:58] is
[7:10] the final thing I'd like to submit is
[7:12] the inspection
[7:15] report please the the final piece I'd
[7:18] like to submit is the inspection report
[7:20] done by American Property Consultants on
[7:23] December 15th in the report it cited
[7:26] that the inspector uh noted the
[7:31] um uh Stone but that was not noted in
[7:35] his inspection report um there was one
[7:38] exterior item uh that he noted and three
[7:43] or four interior items that he noted so
[7:46] I would like to submit that as
[7:58] well
[8:08] what are we getting from this he he
[8:10] didn't note that but there's a picture
[8:12] of it is that what you're saying so in
[8:14] the report from ches be Beach it said
[8:17] that the inspector noted the stones that
[8:20] were put down in the inspection report
[8:23] and he did not note that in the
[8:25] inspection report for the rental
[8:28] license
[8:58] for
[10:28] e
[11:02] you can continue so um my point in
[11:06] putting down the stones was um first of
[11:10] all I thought it would look a lot better
[11:13] um the it it just that concrete was
[11:16] really nasty looking and the grass that
[11:19] was in front of the house a small
[11:21] section and I wanted it to benefit my
[11:24] tenants to have it's off street parking
[11:28] the majority of that block there's five
[11:32] houses and they're decent Siz single
[11:35] family houses and there's one driveway
[11:38] amongst the five houses on the other
[11:41] side of the street on my block is four
[11:44] houses and three driveways so I live in
[11:47] North Beach U two houses down from
[11:50] Neptunes and I don't have a driveway so
[11:52] it's off street so I know I just wanted
[11:56] to like avoid any kind of um conflict
[12:00] with neighbors um because off Street you
[12:03] can you can park anywhere so my
[12:05] intention was uh to to avoid that
[12:10] um I
[12:16] uh it worked out well
[12:19] that the um the woman who ended up
[12:22] renting this property is related
[12:24] to uh her daughter lives right next door
[12:28] and she only has one vehicle so it's not
[12:31] so much of an issue um but you know in
[12:35] the in the future if it's a uh it's a
[12:38] two-bedroom it's it's very possible that
[12:41] it would be multiple multiple vehicles
[12:43] and I
[12:46] just would want to cut down like any
[12:48] kind potential for conflict or them
[12:51] parking in the alley that's blocked off
[12:53] so that was my intention with that I
[12:57] believe that it does look better now
[13:00] than it did um so that's that's about
[13:05] the gist of what I have to say guys
[13:08] thank you
[13:12] um okay uh we'll go ahead and go to uh
[13:16] Miss Franklin uh the town planner
[13:19] um oh we can yeah does anyone have
[13:23] questions at this time or do we want
[13:25] to oh it is that area that front area in
[13:29] front of the setback is it being used
[13:32] for parking not currently no no sir she has one vehicle so she just um parks
[13:39] in front of the house there's one spot
[13:41] in front of the house that could be used
[13:43] for a vehicle but she does not knows
[13:46] in or would someone in the future knows
[13:49] in yeah I would like for them to be able
[13:52] to have that option yes sir okay how far
[13:56] is that setback I know you have you also
[13:59] have
[14:00] the concrete blocker right so car
[14:03] wouldn't roll into the house or whatever
[14:04] right what is that entire length you
[14:07] have for your front yard
[14:14] then you can ballpark it we're not going
[14:16] to hold you
[14:17] to um approximately I would say eight or
[14:21] nine
[14:28] feet
[14:30] just a question any other houses along
[14:33] that area
[14:35] use I'm going to just use vertical park
[14:37] instead of horizontal right so off
[14:39] Street any other none of everybody uh
[14:42] parks in in front of the house if they
[14:44] don't have a driveway and some use the
[14:48] alley but but do I
[14:51] notice I'm not sure how relevant this is
[14:54] but the house next to yours has gravel
[14:58] in front of the uh watch in the setback
[15:01] area most of the properties do sir I
[15:05] didn't count that but the majority of
[15:06] them do I'm just looking at this
[15:09] picture that's in the uh planner's
[15:27] report
[15:36] any further
[15:38] questions
[15:40] um I will say before we go on I'm
[15:43] not so the type of hearing or hearing is
[15:48] when when there's a rule in the zoning
[15:50] code that says you can do this or you
[15:52] can't do this and someone says no that
[15:54] like you've totally misapplied that in
[15:56] this case um
[16:00] and I'm not entirely sure if we're there
[16:04] because so so this board has the power
[16:07] to act as if we're planning and zoning
[16:09] we can we can kind of take on their
[16:11] mantle of
[16:12] responsibilities um but unless we're
[16:14] saying exactly which rules were
[16:16] misapplied and What needs to change um
[16:19] this
[16:20] isn't I mean this doesn't feel like an
[16:23] error because we don't say we're not
[16:24] saying this rule in the zoning code is
[16:27] being applied you know um and I told
[16:30] Fred told me not to talk about this but
[16:32] I don't feel like I have a choice um we
[16:34] typically hear things called variances
[16:36] which are more along the lines of
[16:38] Neighbors coming in and saying hey
[16:40] there's something strange about my lot
[16:42] that doesn't apply to everybody else in
[16:44] the neighborhood can you bend the rules
[16:46] in this case because my property has
[16:49] this thing um because otherwise so the
[16:52] so it thus far has fallen into those two
[16:54] categories either it's you know the
[16:55] rules applied wrong or just bend the
[16:57] rules a little bit um
[16:59] and part of the bending of the rules a
[17:01] little bit means we can we there has to
[17:04] be a specific case on this specific
[17:06] property that makes it different from
[17:08] all the Neighbors in the region so if
[17:10] all the neighbors had a thing where they
[17:13] wanted to say we want to allow parking
[17:14] in the front lot of our yard it wouldn't
[17:17] be under the purview of this board I
[17:19] don't believe it would actually have to
[17:20] be a change in the zoning ordinances and
[17:23] you know the board's higher higher than
[17:25] this um
[17:27] so yeah yeah um that's my summary of of
[17:32] what I think is going on but I don't I
[17:34] don't want to shortcut it if if we
[17:37] um if I'm misinterpreting things um and
[17:40] I'm happy I think next will give the
[17:43] town a chance to respond but I just want
[17:45] to make sure that's that's clear that
[17:47] I'm not actually sure if the board has
[17:48] the power in this scenario to to to
[17:51] Grant you the relief I think you're
[17:53] requesting um okay that said uh I will
[17:57] pass it to
[17:59] uh Town staff Miss Franklin um Miss
[18:01] Franklin this is her first time I
[18:03] believe presenting before this board so
[18:05] it typically what we ask of town staff
[18:08] is is Miss Franklin submitted a report
[18:10] which I believe you've seen as well
[18:13] um if you would give a brief summary of
[18:16] your report in as much or little detail
[18:19] as you like um and typically after
[18:21] you've done that we ask you to make a
[18:23] recommendation to the board uh based on
[18:26] the information you have so um
[18:29] that uh Miss Franklin okay thank you um
[18:34] so you all have my staff report and the
[18:37] town staff noticed the violation when
[18:40] they went to inspect for um for the
[18:44] rental license but they didn't note it
[18:45] necessarily they just noticed that it
[18:48] was there um and that's how we knew
[18:50] there would be a permit required
[18:54] um
[18:55] the other properties um may or may not
[19:00] have permits or variances for what they
[19:03] have um that's not really a factor in
[19:06] determining um whether there was an
[19:09] error in the interpretation here so
[19:12] you'll see in my staff report that I
[19:15] show the existing condition which yes
[19:17] there is concrete but there's also a
[19:19] vegetated space between the concrete and
[19:21] the road um which is I'm I'm trying not
[19:25] to use the word critical but this is in
[19:27] the critical area and so that storm
[19:29] water
[19:30] flow between the street and the property
[19:34] um trying to keep storm water on the
[19:36] property is important in the critical
[19:38] area and that's part of why we want to
[19:40] make sure we're reviewing all the
[19:41] permits ahead of time and that's part of
[19:45] what I am saying when I'm saying there's
[19:47] vegetation removed um
[19:50] so when this first came in I wanted to
[19:53] make sure that I checked for all
[19:55] possible exceptions to 20
[19:59] 992a parking loading 7 location of a
[20:02] parking space um and I went through all
[20:05] our requirements and there really wasn't
[20:07] a way to give an exception for parking
[20:10] in the front yard
[20:13] so simply put it says parking for
[20:16] private residences in residential
[20:18] districts shall not be located within
[20:19] the front setback area between the
[20:22] principal structure in the SE Street um
[20:24] I feel I felt like that was pretty
[20:26] straightforward was unable to find an
[20:29] exception and so that is why I
[20:32] denied recommended the
[20:38] denial and that would
[20:40] be that would be your recommendation
[20:42] would would deny oh you sorry I wasn't
[20:44] sure to go right into that so so yes my
[20:47] recommendation would be to deny the
[20:50] request for an error in interpretation
[20:52] um unless there I don't think there's an
[20:56] error in this
[20:57] interpretation
[20:59] any members of the board have questions
[21:01] for Town
[21:03] sta not questions um Sarah directly but
[21:08] I do have some comments I can hold until
[21:10] later
[21:13] um we can during deliberation yeah yeah
[21:17] maybe I jump the gun as well
[21:19] um okay uh yeah let's hold that we'll go
[21:22] into deliberations pretty shortly
[21:25] um uh with that um would any members of
[21:29] the public member of the public like to
[21:30] come and state your name who you
[21:33] represent if yourself um and we need to
[21:36] squore people
[21:39] in doing the
[21:44] [Music]
[21:51] honors I do good evening would you like
[21:55] me to sign in uh yes if you would and
[21:59] you can just sayate your
[22:01] name here my name is Kathleen
[22:06] bural and I live at 7409 B Street which
[22:11] is a few blocks from uh Mr Buck heiser's
[22:27] property
[22:32] uh I just wanted to say I go buy this
[22:34] property every day I'm very familiar I
[22:36] knew the former owner to the property
[22:39] and um my comment is uh everybody does
[22:45] park on the street there and I do
[22:47] believe you can get two cars in front of
[22:49] that house I think the way it's been set
[22:51] up now with these concrete barriers and
[22:55] the gravel uh it's starting to look like
[22:58] rental property neighborhood it's a it's
[23:01] a residential neighborhood and it's
[23:03] unsightly because both of those Vehicles
[23:05] whether they're being used currently
[23:07] right now um the the renter right now is
[23:11] parking on the street but they've
[23:14] already added these concrete barriers
[23:16] they've added gravel um as if this was
[23:19] already approved and if those vehicles
[23:22] are going to park in front of that home
[23:25] they are either going to pull all the
[23:26] way into
[23:29] almost under the windows um on either
[23:32] side of the I guess the the PCH to walk
[23:37] inside the house and I think I I think
[23:39] it looks very uh unsightly myself um you
[23:44] know the cars will back right up to the
[23:45] window so I I just wanted to note that
[23:49] and as uh Mr Buck Heiser said nobody
[23:52] else on that parking uh nobody else
[23:55] parked that way on the street uh and and
[23:58] there is the house across the street
[24:00] does have a driveway but that's that's
[24:03] part of the community of the
[24:04] neighborhood I live up on B Street where
[24:06] parking is even more constricted um but
[24:10] with my neighbors we all when I have
[24:14] company or um I have an event at my home
[24:18] sometimes people park over at the school
[24:20] they walk across the street but as far
[24:23] as the issue of a conflict with the
[24:25] neighbors uh I I don't see that we're neighbors we understand that
[24:30] parking is is uh at a premium here and
[24:34] uh we work it out when there's an event
[24:37] you can park in front of my house or I
[24:39] can park in front of your house but I I
[24:42] just think with the way it's been set up
[24:44] with the gravel and those concrete
[24:47] barriers it it's starting if every house
[24:49] on the street now we're starting to look
[24:52] like a rental neighborhood and not a a
[24:56] community so thank you for your
[24:59] time see no other public members um
[25:02] Sharon I believe we've received one
[25:05] public comment on this is that
[25:07] correct and this would
[25:09] be uh dated March
[25:12] 24 from uh Miss Patrick Mahoney is that
[25:15] correct yes uh so we received this uh
[25:19] through the town hall which was then
[25:21] sent with our the information on this
[25:23] case to board um I will read that out
[25:28] loud
[25:29] um dear chese Beach Board of Appeals uh
[25:31] as an adjacent property owner I'm
[25:32] writing to ask that you oppose the
[25:34] request for variance uh from protection
[25:36] property purchasers case
[25:40] 20241 uh as you well know granting of
[25:42] variance is an exception to the rules in
[25:44] this case the residents in neighbor uh
[25:46] neighborhood would be harmed from both
[25:47] an aesthetic and negative property value
[25:49] perspective we have lived across the
[25:51] street from uh 411 14th Street for 30
[25:54] years we have a tidy respectable block
[25:56] allowing for parking within the front
[25:57] setback will give the entire block a
[25:59] deteriorating declining look now once in
[26:01] 30 years has a resident of that property
[26:03] not been able to parallel park on the
[26:05] Town Street in front of their residents
[26:06] not once I realize and appreciate that
[26:08] the new owners of the property are
[26:10] landlords and not full-time residents
[26:12] possibly the small town look of our
[26:13] block isn't the same concern that
[26:15] full-time residents uh for many decades
[26:18] have I ask uh you to respect and support
[26:22] our quote small town charm and deny the
[26:24] applicants uh request for a variance in
[26:26] case
[26:27] 2024
[26:31] 4 uh 406 14th
[26:36] Street so I believe should correct me
[26:40] are there any others is that
[26:42] just um okay uh so that is the end of
[26:46] public comments the last section before
[26:49] we close is any summary statements or
[26:51] additional statements you'd like to make
[26:52] it this time Mr Bist or anybody in this
[26:54] room really um the floor is open if
[26:56] you'd like it if not we can
[27:01] continue uh well I would just like to
[27:04] say that the
[27:07] um the pro the condition of the property
[27:10] before we renovate it it
[27:13] was not very good condition and I feel
[27:17] that we improved it tremendously uh both
[27:21] from the exterior and inside to add
[27:24] value to uh to everybody in that
[27:27] community
[27:28] um I didn't come prepared with pictures
[27:31] prior to the renovation but it it was in
[27:34] very poor condition and we um we spent a
[27:38] lot of time and money to improve it and
[27:41] I believe we did
[27:48] that all right thank you um seeing no
[27:51] more um I move to close or I will
[27:55] entertain a motion to close the public
[27:57] hearing do I have a second or motion
[28:01] still move second I second it all right
[28:04] the public hearing is closed at this
[28:06] point uh the board will Talk Amongst
[28:07] ourselves for you all to hear um and uh
[28:11] we'll ask questions if rise but please
[28:15] don't jump to uh to interrupt or
[28:17] anything like that um all right where do
[28:20] we want to start you had you had
[28:22] something you wanted to say and want you
[28:24] open up yes um so going into this I
[28:28] thought this was a case about
[28:30] parking and and I'm at a bit of a disadv
[28:34] Advantage because I don't have the
[28:35] application in front of
[28:37] me but what I'm hearing now is it's not
[28:40] about parking it's about the
[28:45] gravel am I incorrect in that
[28:51] regard issue
[28:53] is whether this parking in the front
[29:00] yard happen to be that Park P
[29:15] Parking I
[29:17] think is that stated in the
[29:20] application I don't have that in front
[29:22] of me the decision on interpretation or
[29:26] alleged error States owner
[29:28] recently purchased and renovated
[29:30] property there is no parking space
[29:32] tenant parks on street that is what's
[29:35] written in that
[29:38] section feels so the the appellant I
[29:42] heard the appellant say that there's no
[29:45] one parking in that space currently
[29:47] although there's nothing to prevent
[29:49] someone from doing it in the
[29:52] future um and I didn't hear anything
[29:56] that stated that the gravel was put down
[29:59] with the intent of allowing
[30:03] parking so I'm confused as to what this
[30:06] case is about what is is it about
[30:08] parking or is it about just laying
[30:09] gravel down I think it's about parking
[30:12] in the area in front of the house front
[30:15] of the house but but
[30:17] there's within the front set but I don't
[30:20] hear any any testimony or any
[30:23] words that say that was the intention of
[30:26] laying down the gravel yeah it's
[30:28] definitely I think a gray space like you
[30:30] can I think probably put gravel in your
[30:32] front yard if you want to do it and I
[30:34] see at least in this one
[30:36] picture the property the property next
[30:39] door has
[30:42] Stone in down in the front set back the
[30:46] specific area that this house resides in
[30:48] has criteria that has to be met if
[30:51] you're going to be renovating the
[30:52] Landscaping aspect of it because of the
[30:55] drainage and the critical area that it's
[30:57] in so just putting in stone or changing
[31:01] the Landscaping would then have to have
[31:04] a benefit there's a
[31:06] 10% given it has to have a benefit when
[31:08] you redo that and and so the pictures I
[31:13] saw that the appellant showed of the
[31:16] property at the time of closing or
[31:18] shortly around that
[31:20] time um the front yard looked pretty
[31:24] ragged I mean I didn't see much there
[31:28] and that would lead me to believe well
[31:30] there's flood control here because
[31:33] there's
[31:34] vegetation um I I can ask a question
[31:37] yeah so is there a reason why that
[31:39] wasn't mentioned in your application in
[31:43] the first place or for us because I
[31:46] think a lot of us had an idea of what it
[31:47] looked like from what Google Maps or
[31:49] something else have as this report shows
[31:52] and I forget the date that that picture
[31:54] was from but somewhere in the middle
[31:57] you're showing us a picture of concrete
[31:59] right which should have been there for a
[32:01] while if it was broken up I showed a
[32:03] picture from October 6th which was the
[32:06] last picture I had prior to when I
[32:08] settled on it which was October 11th
[32:10] correct I think part of the confusion
[32:12] that we all have is that's the first
[32:14] time we've seen that picture we saw
[32:17] grass and some concrete but not that
[32:19] much concrete and then we saw the gravel
[32:22] and so I think some of us are right
[32:25] isn't that part of the confusion is what
[32:27] are we compare what apples and oranges
[32:29] are we comparing here and where's this
[32:32] conversation and
[32:34] also is gravel less conducive to flood
[32:38] control than a bare lot with broken
[32:42] concrete let's let's pause and ask Town
[32:44] staff we've said at least one thing
[32:47] wrong by me so why don't you go ahead
[32:48] and correct what I said wrong and then
[32:50] answer Paul with regards the
[32:53] conductivity gravel constitutes an
[32:55] impervious surface and and when so
[32:58] gravel constitutes an impervious surface
[33:01] when you're increasing the impervious
[33:03] surface on your lot in the critical area
[33:05] you have to mitigate that by reducing
[33:09] storm water runoff and improving storm
[33:10] water quality by 10% um we usually
[33:14] address that on the individual Lots with
[33:16] plantings um between the street and the
[33:22] impervious surface to reduce the impacts
[33:26] on the town storm water systems so
[33:30] there's that piece and if this was
[33:33] something that was going to be granted
[33:35] in a different scenario than the one
[33:38] we're looking at it would actually have
[33:40] to go potentially to critical area
[33:43] before it could be approved the concrete
[33:47] I'm not sure you know I don't know what
[33:50] it looked like in October I don't know
[33:52] if the grass was just dead in October um
[33:55] and I think part of the issue is
[33:58] the pre-existing condition isn't
[34:03] actually it doesn't
[34:05] actually affect that 10% rule so when
[34:09] you're increasing the impervious surface
[34:11] and you're you're redeveloping you're
[34:13] pulling out that you're going to have
[34:16] to increase your or storm water runoff
[34:20] idea of the critical area rules is that
[34:23] overtime um the impacts of flooding are
[34:27] lessoned for the whole
[34:30] community so my this was presented as a
[34:34] parking area to the town in the original
[34:38] application
[34:40] so it simply is not allowed as a parking
[34:43] area in a straightforward
[34:46] interpretation um and that's what I
[34:48] think we should stick with for
[34:51] this that's my my advice is to stick
[34:54] with what is actually in front of us I
[34:57] don't know if I'm stepping overstepping
[35:00] there say that that answer your question
[35:02] Paul no not
[35:04] really again I don't have the
[35:06] application in front of me does the
[35:09] application the application requesting a
[35:12] parking
[35:17] area I think it's more that the the work
[35:21] was done so this was an after the fact
[35:24] was it done to allow parking that is
[35:27] what was
[35:29] stated stated today it sounds like is to
[35:32] replace existing parking is it stated in
[35:35] the application I heard the app the the
[35:38] appellant here say
[35:40] that that there's no one parking there
[35:43] now and I mean it references A7 which is
[35:46] the section for location of parking
[35:49] space what are we looking where be on
[35:52] page one at the top handw written line
[35:54] at the bottom so the like bottom
[35:56] paragraph that first
[36:04] the applicants
[36:06] um statement is that the owner recently
[36:09] purchased so the applicant is asking for
[36:12] parking
[36:15] yeah
[36:18] apparently is is that the case yes sir
[36:22] okay so my
[36:25] bad um so so it's application for a
[36:28] parking
[36:30] space now my uh although I will ask
[36:33] about when you mention it's the gravel's
[36:37] impervious um I mean asphalt's
[36:40] impervious uh concrete's impervious but
[36:44] gravel has voids that allows water to
[36:47] flow
[36:49] through it it depends on how deep the
[36:52] gravel is um so there's there's probably
[36:57] ways to address it um but I didn't
[37:00] actually go into a critical area
[37:02] interpretation in the denial because it
[37:05] was violating a basic piece of the
[37:08] zoning
[37:10] ordinance yeah I I mean I already kind
[37:14] of stated at beginning is said I'm not quite sure what we can do here
[37:19] um because there's no part of the zoning
[37:24] code that was misapplied in this case um
[37:27] the rules are the
[37:29] rules
[37:31] and this particular front lot doesn't
[37:34] allow um for parking in the in the
[37:38] setback and there's there's no kind of
[37:42] statement that this rule was misapplied
[37:44] in this case it applies to all the
[37:46] houses in the neighborhood and you know
[37:48] I'm assuming the ones with driveways
[37:51] went through their own permiting process
[37:52] to get you know whatever the process is
[37:54] for them so you know a distinct
[37:56] situation um I just I don't think
[37:59] there's anything we can do here without
[38:01] saying what would happen if this was a
[38:03] variance case I think our conversation
[38:05] could go in all sorts of directions
[38:07] right now but this isn't a variance case
[38:09] this is whether there's an error is
[38:11] there an error in 29020
[38:15] A7 that was not applied and I think
[38:19] regardless of what was there before and
[38:21] what's there now that's really
[38:24] our the only thing we need to answer I
[38:28] also I'll say that
[38:30] uh the the question of vegetation and
[38:33] the gravel is a separate issue
[38:38] parking if we're focusing simply
[38:41] on ordinance
[38:46] 2902a then I don't know that we have
[38:50] anything to say about gravel and
[38:53] vegetation yeah if this was a I want a
[38:56] variance for a park space you know maybe
[38:58] we could make some considerations and
[39:00] tradeoffs to improve the prvious cious
[39:02] surfaces whatever but that yeah that's a
[39:06] not really not really what's going
[39:08] on even then it's
[39:10] a the high
[39:13] bar um to hit that the there there are
[39:17] some criteria that need to be met for
[39:18] variance that I think would also make
[39:21] that discussion of high
[39:24] bar we're not just here to discuss that
[39:26] although
[39:28] um it kind of begs the question of uh
[39:30] what what measures do you take to
[39:33] prevent it from becoming a parking space
[39:35] right and that's not yeah I'm yeah I
[39:39] don't know if we there's no enforcement
[39:41] mechanism and at least not with this
[39:43] board so I think we'd have to to punt
[39:45] that and let Town procedure wait for a
[39:47] violation find somebody parking there
[39:50] the town has a way to
[39:53] manage code
[39:56] violation
[39:59] is there any
[40:01] um any other directions we want to take
[40:03] this before we figure out what we want
[40:05] to do open
[40:11] floor okay um sorry I cut you
[40:15] off um in that case um I think from the
[40:19] sound of the
[40:21] board um I'm going to call for a vote to
[40:25] deny this request outright
[40:35] um um okay so
[40:39] um
[40:41] uh so to the
[40:44] board um let's have an up down
[40:47] vote um as to whether or not to deny
[40:51] this request I will go uh around the
[40:53] board members and and ask for approve or
[40:56] deny statement
[40:58] um to oh sorry I'll will ask whether you
[41:01] would like to deny this yes or no um Mr
[41:04] Richard Burch yes yes you wish to deny Mr Paul dhy this is an application
[41:11] to allow parking I deny it okay Miss Amy
[41:13] ever Den I all right thank you that is
[41:17] three of five we have
[41:19] a agreement um in which case we direct
[41:23] Mr susman to draft documents stating the
[41:25] board's decision to deny
[41:28] um this
[41:29] request
[41:32] um yeah okay um if there's nothing else
[41:37] um at this time uh we'll get back
[41:40] together and write up some paperwork but
[41:42] I don't think there's any urgent urgency
[41:45] to um to getting that paperwork to you
[41:46] guys um with that um I believe we're
[41:50] ready to adjourn at this time I'll
[41:52] entertain a motion to
[41:54] adjourn I'll make that motion can I ask
[41:56] one thing yeah so the uh the parking is
[42:00] denied with the um with the white stone
[42:03] that is
[42:04] existing the town has told me that I
[42:07] have to get that up is that yeah this
[42:09] board doesn't this this is like this is
[42:12] the board that allows flexibility and
[42:13] the rules of zoning so almost everything
[42:16] else as to as to the kind of the
[42:18] downstream consequences of of any
[42:20] decision is kind of out of our hands
[42:22] whatever the normal whatever the town
[42:24] said is what would have to happen with
[42:26] regards the stone and the concrete and
[42:28] the the front part of the property um
[42:32] yeah I I would say that um you know if
[42:36] that comes up I would like to know I'd
[42:38] like to see citations of which
[42:40] ordinances are are violated by that
[42:43] stone being
[42:47] there all right um uh did we I write a
[42:52] motion to adjourn do I have a second all
[42:54] in favor I all right we're adjourned
[42:56] thank thank you everybody thank
[43:25] you