[00:00:01]
I SEE IT.[1. Convening of Meeting]
OKAY.WELCOME TO THE FEBRUARY 19TH, 2025 MEDFORD TOWNSHIP ZONING BOARD OF ADJUSTMENT MEETING.
UM, MR. MARGA, CAN I HAVE TO BE IN PUBLIC MEETING STATEMENT? ABSOLUTELY.
THIS MEETING IS HELD IN ACCORDANCE WITH THE OPEN PUBLIC MEETINGS ACT.
ADEQUATE NOTICE OF THIS MEETING WAS GIVEN IN ACCORDANCE WITH THE SAME SETTING FORTH THE TIME, PLACE, AND MATTERS TO BE ADDRESSED.
UM, EVERYONE CAN STAND FOR THE FLAG, ALLEGIANCE.
FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC ONE THAT LIBERTY JUSTICE FOR ALL.
MR. A VICE CHAIRMAN RICKS AYE.
AND MADAM BLE, MAD CHAIRWOMAN
DO WE HAVE ANY CORRESPONDENCE TONIGHT? NONE.
[6. Minutes]
AND WE DIDN'T HAVE ANY MEETING MINUTES, CORRECT? YOU SHOULD.THERE WAS NONE IN THERE FOR JANUARY 15TH.
I MEAN IF THERE ARE THEN I DIDN'T, WE DIDN'T READ THEM.
UM, WELL WE CAN DO IT NEXT MONTH.
[8. Memorialization of Resolutions]
MEMORIALIZATION OF RESOLUTIONS.ARE WE GONNA ONLY BE ABLE TO DO THE THRUST TWO OR BECAUSE THEY WATCHED IT LAST THEY'LL BE ABLE TO BOTH.
NO, BECAUSE THEY WANT BOARD NUMBERS.
SO ONE OF YOU WILL MAKE THE MOTION.
THE OTHER ONE WILL SECOND AND THEN GOOD.
RESOLUTION 2025 DASH EIGHT PAUL HANDEL 12 WESTLAKE AVENUE BLOCK 37 11 BLOCK SIX.
APPROVAL OF A BULK VARIANCE TO CONVERT THE EXISTING GARAGE INTO A MASTER BEDROOM ALONG WITH A NEW TWO-STORY GARAGE, WHICH ENCROACHES INTO THE SIDE YARD SETBACK.
AYE, DO WE NEED A ROLL CALL OR, YES.
RESOLUTION 2025 DASH NINE CATHERINE 10 HALL 13 BRANCH STREET BLOCK 1402.
LOT TWO APPROVAL OF FULL VARIANCES FOR THE FRONT AND SIDE YARD.
SETBACKS TO CONSTRUCT A CARPORT.
AND RESOLUTION 2025 DASH 10 JOSEPH SLO.
13 NORTH LAKESIDE DRIVE WEST BLOCK 31 0 4 LOT SEVEN APPROVAL OF A BOTH VARIS FOR THE FRONT YARD.
STEP BACK TO ENCLOSE THE EXISTING CARPORT.
MAKE A MOTION, APPROVE SECOND VICE CHAIR RECORDS.
[9. Applications]
WE'RE GONNA MOVE TO OUR FIRST APPLICATION OF THE NIGHT.UH, ARTHUR AND KATHLEEN LISTON 12 PIN OAK TRAIL BLOCK 30 0 7 LOT SEVEN SEEKING BULK VARIANCE FOR THE SIDE YARD SETBACK TO CONSTRUCT A GARAGE SLASH ACCESSORY STRUCTURE.
HI SIR, BEFORE YOU BEGIN, COULD WE JUST SWEAR YOU IN? SURE.
DO YOU SWEAR OR AFFIRM AND TELL THE TRUTH, NOTHING BUT THE TRUTH, SO HELP YOU GOD? YES.
PLEASE STATE YOUR NAME AND SPELL YOUR LAST FOR THE RECORD.
AND YOU'RE THE OWNER OF THE PROPERTY? YES.
UM, TELL US ABOUT YOUR APPLICATION, PLEASE.
I'M, TELL US ABOUT YOUR APPLICATION, PLEASE.
THE APPLICATION IS, UM, BULK VARIANCE REQUESTING FOR THE 20 BY 20, UH, FOOT GARAGE, UH, RIGHT BEHIND MY HOUSE.
UH, AND THE VARIANCE IS FOR, UH, THERE'S A 15 FIBER WIDE ZONING AND THERE'S, THERE'S A 15 FOOT SETBACK.
I'M REQUESTING IT MOVED OVER, UH, BY SEVEN FEET.
UH, SO I CAN LINE IT UP WITH MY DRIVEWAY AND LINE IT UP WITH MY GATE SO I CAN PULL, UH, MY ANTIQUE VEHICLE INTO THE VEHICLE INTO THE GARAGE.
AND ALSO I'LL HAVE SPACE TO WORK ON THE, THE VEHICLE AND OTHER THINGS, UH, WITHIN THE AREA.
SO THE ONLY THING I'M LOOKING FORWARD TO IS SETBACK FROM ACTUALLY THE SIDE AND THE BACK.
SO YOU'RE NOT, UH, PROPOSING PAVEMENT TO GO TO CONTINUE? NO.
AND YOU SAID YOU'RE USING THE GARAGE FOR I HAVE ANQUE VEHICLE.
UM, HOW ABOUT, UM, THE EXISTING SHEDS THAT ARE ON YOUR PROPERTY? I THINK IT'S THE SURVEY HAD FOUR.
YEAH, WE'RE GONNA REMOVE, WE'RE GONNA LEAVE ONE IN THE FAR CORNER.
WHICH IS NEW AND IT'S PROPERLY SHED, THERE'S A METAL ONE
[00:05:01]
IN THE BACK, WE'RE GONNA RIP DOWN.AND THEN THERE'S TWO PLASTIC ONES BY THE HOUSE THAT WE'RE GONNA RIP DOWN.
SO THE STORAGE REPLACED IN THE GARAGE AND CLEANING UP THE WHOLE PROPERTY IN THE BACK.
SO ONE SHED IS GOING TO REMAIN? YES.
UM, WHAT'S THE SIZE OF THAT? SHED SHED PROBABLY 12 BY 10 MAYBE.
UM, CAN YOU PROVIDE, UM, TESTIMONY ON THE COLORS AND THE DESIGN OF THE GARAGE? UH, SURE.
THE DESIGN'S GONNA BE, UH, A, UH, A POLE BARN BASE, BUT IT'S GONNA LOOK LIKE A NORMAL GARAGE.
UH, NORMAL HEIGHTS, UH, I THINK IT'S A 12 FOOT HEIGHT.
UH, THERE'S GONNA BE NO INTERIOR EXTERIOR LIGHTS ON THE NEIGHBOR'S SIDE.
UM, AND THE COLORS ARE GONNA MATCH THE HOUSE, WHICH IS LIKE A TAN WITH A BLACK ROOF.
SO COLORS MATCHED THE HOUSE AND NO EXTERIOR LIGHTING ON THE RIGHT SIDE OF THE NEIGHBOR? CORRECT.
UM, AND ARE YOU ANY UTILITIES PROPOSED FOR THE GARAGE? NO.
DO YOU, ANY QUESTIONS, ROOFINGS, WE GONE DOWN THE REST OF THE LIST OR NO? UM, I GUESS WE'LL LOOK TO ERI FOR, FOR ANY ADDITIONAL COMMENTS.
UM, SO THE REASON THAT, UM, YOU WERE ASKING FOR THIS, SO YOUR GARAGE WILL LINE OFF YOUR DRIVEWAY? CORRECT.
UM, AND, AND YOU SAID YOU'RE NOT GONNA EXPEND THE DRIVING? NO, NO, BECAUSE I'M ONLY GONNA PULL THE VEHICLE IN A COUPLE TIMES A YEAR.
SO BASICALLY JUST FOR STORAGE? YES.
SO BY DOING THAT, YOU, YOU'RE, YOU'RE NOT GONNA HAVE TO CLEAR ANYTHING ELSE ON PROPERTY TREES.
UM, YOU, YOU, YOU, YOU'RE NOT GONNA DO ANY WORK IN THIS GARAGE? I MEAN, UH, STORAGE AND, UM, YOU'RE NOT GONNA OH, NO, NO.
YOU DEMONSTRATE THAT'S NOT GONNA ADVERSELY AFFECT.
I, I THERE'LL BE NO NOISE EXCEPT PULLING IT IN AND PULLING IT OUT.
UM, I MEAN, I MAY DO SOME DRILLING IN THE BACK OR IF I'M FIXING SOMETHING, UH, OR IF I'M FORCED TO DO SOME WORK AROUND THE HOUSE, UH, I MAY DO SOMETHING OUT THERE, BUT OTHER THAN THAT, NOTHING VERY QUIET.
MAYBE IF YOU WERE TO UNDERSTAND THE DRIVE, YOU SET THAT REQUIREMENT FOR THAT, SINCE YOU'RE NOT GONNA DO THAT, YOU'RE NOT ANY WAIVER.
JUST FOR IN THE FUTURE IF DECIDE TO DO THAT, JUST KEEP THAT IN MIND.
IT LOOKS LIKE BASED ON YOUR FLOOR GARAGE, YOU CAN DO IT YOU OVERHEAD DOOR 10 FEET.
SO YOU STILL HAVE TWO FEET MM-HMM
UM, IF YOU WANNA HAVE A SEAT, I CAN OPEN UP TO THE PUBLIC.
UM, UM, DOES ANYONE WANNA MAKE A MOTION TO OPEN? I'LL MAKE A MOTION TO OPEN TO THE PUBLIC.
IF ANYONE FROM THE PUBLIC WANTS TO, UH, COME UP AND SPEAK ON THIS APPLICATION, SEEING NONE, CAN I HAVE A MOTION TO CLOSE? MOTION TO CLOSE PUBLIC PORTION.
I'M SORRY THAT YOU WALKED ALL THE WAY BACK THERE.
I DON'T THINK I HAVE ANY FURTHER QUESTIONS.
WE WENT OVER UTILITIES, LIGHTING, COLORS, DESIGN, REMOVAL OF THE SHEDS.
I'LL MAKE A MOTION YOU APPROVE THE APPLICATION BASED ON SOME OF THE REQUIREMENTS THAT WE'VE MENTIONED AS WELL.
OKAY, NEXT APPLICATION IS MICHAEL AND SHANNON ZI, 2 98 HARTFORD ROAD BLOCK 2 0 2 LOT 2 0 2.
SEEKING A WHOLE VARIANCE FOR EXCEEDING THE MAXIMUM LOCK COVERAGE FOR THE CONSTRUCTION OF AN ATHLETIC TURF FIELD.
[00:10:01]
ALL SIR, PLEASE RAISE YOUR RIGHT HAND.DO YOU SWEAR OR AFFIRM AND TELL THE TRUTH, NOTHING BUT THE TRUTH TO HELP YOU GOD? I DO.
PLEASE STATE YOUR NAME AND SPELL YOUR LAST FOR THE RECORD.
AND YOU'RE THE OWNER OF THE PROPERTY? I AM ALONG TO MY WIFE.
CAN YOU JUST TELL US ABOUT YOUR APPLICATION? SURE.
I, UH, HAVE AN EXISTING, UH, ATHLETIC TURF FIELD IN THE BACK, ABOUT 12,000 SQUARE FOOT IN THE BACK OF MY HOUSE.
UM, AS YOU'VE PROBABLY SEEN FROM THE, UH, PERMIT MY A THE BACK OF MY HOUSE, UH, IS ALL SORT OF NATURE, RIGHT? THERE'S NO PROPERTIES BEHIND ME OTHER THAN, YOU KNOW, MY LITTLE OVER FOUR SQUARE FOOT ACRE PROPERTY.
UM, WE'VE BEEN IN THE HOUSE FOR A LITTLE OVER TWO YEARS.
MY MIDDLE SON IS A SCHOLAR ATHLETE.
HE PLAYS FOR THREE SOCCER TEAMS. UM, MY WIFE HAS BEEN UNFORTUNATELY DIAGNOSED WITH MULTIPLE SCLEROSIS.
UM, THERE'S A LOT OF DEMANDS ON TRYING TO GET MY KIDS AND MY, IN PARTICULAR MY ONE SON TO SPORTS.
UNFORTUNATELY, IT'S VERY DIFFICULT TRYING TO RAISE A CHILD, UM, AND GET HIM TO SPORTS AT THE TIME HE NEEDS.
AND SO WE'RE FORTUNATE ENOUGH TO BE IN A POSITION TO HAVE ESTABLISH THIS TURF FIELD.
WE'VE HIRED A TRAINER BECAUSE OFTENTIMES WE CAN'T GET MY SON TO PRACTICE BECAUSE OF MY WIFE'S CONDITION AND MY TRAVEL.
AND SO WE HAVE A TRAINER COME TO THE HOUSE, UM, AND HE USES THE TURF FIELD FOR PRACTICE WITH THE ULTIMATE GOALS OF TRYING TO GET INTO COLLEGE.
IN ADDITION, MY YOUNGEST SON, WHO'S A SIXTH GRADER, HEES MIDDLE SCHOOL, AND OUR NEIGHBORS AND FRIENDS USED SURF FIELD TO PLAY NORMAL KIDS' ACTIVITIES.
UM, AT TIMES CAN PROBABLY COUNT ON ONE HAND THE AMOUNT OF TIMES WE'VE USED THE LIGHTS.
UM, IT'S DURING DAYLIGHT SAVINGS TIME.
UM, PERHAPS AT TIMES MY, UH, MY SON MAY HAVE SOME BUDDIES OVER, OVER THE WEEKEND.
HE MAY GO AND THEY MAY PLAY SOCCER ON THE FIELD.
I CAN CONTROL IT FROM MY HOUSE, I CAN CONTROL IT FROM MY MOBILE DEVICE.
UM, LIKE I SAID, I CAN COUNT ON ONE HAND THE AMOUNT OF TIME TO, WE'VE USED THE LIGHTS, BUT FOR THE REASONS THAT I'VE MENTIONED, WE'VE, UH, PUT LIGHTS ON THE FIELD.
I'M JUST GONNA, YOU WERE YOU, ARE YOU IN RECEIPT OF ARE PLANNER'S LETTER.
SO I THINK, UM, WE SHOULD JUST GO THROUGH SOME OF HER REMARKS.
UM, THE FIRST ONE THAT I'M CONCERNED IS THE REQUIRED SETY YARD SETBACKS ILLUSTRATED ON THE SURVEY ARE NOT CORRECT.
MR. TAYLOR, I DON'T KNOW IF YOU CAN PROVIDE ADDITIONAL INFORMATION ON THAT.
YEAH, SO THE PROPERTY'S LOCATED IN THE AR AGRICULTURAL RETENTION ZONING DISTRICT THAT ACTUALLY REQUIRES A 50 FOOT SETBACK FOR ACCESSORY USES SUCH AS TENNIS SPORTS POOLS, UH, OR TURF FIELDS, UH, THAT REQUIRE NEWER, THE SURVEYOR THAT WAS PROVIDED THE SURVEY WAS PROVIDED ACTUALLY SHOWS A 30 FOOT REQUIRED SIDER SETBACK, WHICH IS JUST INCORRECT ON THAT SURVEY.
AND THEN THE VARIANCE RELIEF THAT'S REQUESTED RELATIVE TO THE SIDER SETBACK IS 9.4 FEET
SO THAT'S PRETTY LARGE GAP, BUT WITH THE UNDERSTANDING THAT THERE'S NOTHING NEXT TO YOU.
THERE WAS GRASS THERE REPLACED GRASS WITH TURF.
IS THAT A VACANT LOT NEXT TO YOU? IT'S MY NEIGHBOR'S THERE, BUT IT'S, IT'S VACANT.
THE S UP ON HARTFORD ROAD, WE SIT BACK ABOUT TWO FOOTBALL FIELDS.
SO IT'S THE, IT'S THE REAR YARD OF THE ADJACENT.
DOES HE FARM IT? IT LOOKS LIKE IT'S FARMED.
YOU KNOW, I WOULDN'T SAY IT'S FARMED.
UH, NO, I WOULD SAY IT'S BRUSH RIGHT.
AND SO IF YOU LOOK AT MY PROPERTY, I HAVE A SMALL PIECE OF GRASS, BUT THE REST OF IT IS BRUSH.
UM, HE HAPPENS TO MOW IT AT TIMES.
SO IT'S NOT LIKE MINE THAT'LL JUST STAY HIGH AT ALL POINTS IN TIME.
BUT IT'S NOT, I WOULDN'T SAY IT'S FINE.
AND YOU DID STATE THAT THE LIGHTS ARE ON, SWITCHES ONLY USED WHEN THE FIELD'S ACTIVELY USED, CORRECT? CORRECT.
HOW MANY LIGHTS ARE THERE? JUST TWO.
TOWARDS THE HOUSE? BETWEEN THE HOUSE AND THE FIELD? YEAH.
SO WE DECIDED TO PUT 'EM ON THE FIELD AS OPPOSED TO ATTACH TO THE HOUSE.
[00:15:01]
THEY SHINED DOWN ON THE FIELD.AS OPPOSED TO IF I PUT 'EM ON MY HOUSE, LIKE SPOTLIGHTS, THEY WOULD SHINE JUST OUT.
AND WHAT TYPE, I MEAN, I'M NOT AN EXPERT ON LIGHTING, BUT LIKE WHAT TYPE OF LIGHTS? JUST LIKE A HALOGEN LIGHT THAT YOU WOULD GET AT LIKE A HOME DEPOT.
INITIALLY I HAD, LIKE, INITIALLY I HAD PORTABLE LIGHTS THAT YOU HAD ON STAND.
I REPLACED THAT INSTEAD OF HAVING TO RUN AN EXTENSION CORD ALL THE WAY TO THE HOUSE AND HAVE IT DECIDED TO PUT UP LIGHTS THAT ARE MORE PERMANENT FOR AN ELECTRICIAN WITH THE SWITCH ON THE WALL.
AND HOW MANY, ARE THERE ONLY TWO FLOOD LIGHTS? YEAH.
IS THERE ANY CONCERN, MR. TAYLOR WITH THE, UM, ENCROACHMENT ON THE WETLANDS TRANSITION AREA? THERE IS, YEAH.
WE, WE HAD ASKED FOR SOME CLARIFICATION ON THAT.
ONE, THE, THE SURVEY THAT'S PROVIDED SHOWS AN ENCROACHMENT INTO THE WETLANDS TRANSITION AREA MM-HMM
UM, THAT IS NOT UNDER THE BOARD'S JURISDICTION.
SO THAT WOULD REALLY CONSTITUTE EITHER ONE OF TWO THINGS.
THAT AREA THAT ENCROACHES INTO THE TRANSITION AREA WHERE BUFFER WOULD HAVE TO BE REMOVED AND RESTORED, THAT THE APPLICANT WOULD BE REQUIRED TO APPLY TO THE DP FOR A TRANSITION AREA WAIVER FOR BUFFER AVERAGING.
BASICALLY FOR THAT SMALL AREA, THEY COULD GET A REDUCTION AS LONG AS THEY INCREASE THE BUFFER SOMEWHERE ELSE ALONG THAT WEAPON LINE.
UM, BUT MR. BAR, BUT I DON'T, I DON'T BELIEVE THE BOARD HAS, HAS THE JURISDICTION TO WAIVE THAT REQUIREMENT.
SO THEY EITHER HAVE TO REMOVE AND RESTORE THAT, UM, OR GET THOSE APPROVALS FROM THE EEP.
THE BOARD COULD IMPOSE IT AS A CONDITION OF APPROVALS EITHER ELIMINATED OR REQUIRE AN, AN APPROVAL FROM DEP JUST AS MR. TAYLOR SET FORTH MM-HMM
BUT I MEAN, IT ALREADY EXISTS.
SO THE DEP IS NOT AFRAID TO MAKE PEOPLE REPRESENT UP? OH, ABSOLUTELY.
I HAVE A HUNDRED PERCENT PERCENT.
HOW
COULD WE, IF IT'S A CONDITION, IT WOULD HAVE TO BE I KNOW, BUT I'M JUST WONDERING, COULD WE WITHHOLD MAKING A DECISION ON THE APPLICATION UNTIL THEY RECEIVED, UNTIL THEY WENT TO THE DEP AND NO, WE CAN'T.
'CAUSE IT WOULD JUST, IT WOULD BE LIKE THE STANDARD, UM, CONDITIONAL LANGUAGE THAT WE HAVE REQUIRING ALL OUTSIDE AGENCY APPROVALS.
THAT WOULD BE ONE OF THE OUTSIDE AGENCIES.
SO WE CAN'T TIE UP THE APPLICANT BEFORE THIS BOARD WHILE HE'S PENDING BEFORE ANOTHER BOARD.
WERE YOU AWARE THAT YOU HAD TO THAT OKAY.
IT'S A VERY SMALL, HAVE YOU, HAVE YOU APPLIED FOR THAT YET? NO.
DO YOU HAVE AN IDEA OF WHICH DIRECTION YOU PREFER TO GO? IT, IT'S, NO.
IT'S VERY SPECIFIED IN ONE SPOT WHERE IT IS.
IT'S RIGHT NOW I'M SAYING DO YOU HAVE AN IDEA OF PREFERENCE WHICH DIRECTION YOU WOULD WANNA TO GO? EITHER REMOVE THAT SMALL CORNER OR APPLY FOR THE REMOVE? THE SMALL CORNER IS FINE.
IF IT WAS LIKE IN THE MIDDLE OF PLAYING FIELD AND IT WOULD BE DIFFERENT, BUT AT THE END OF THE DAY IN THAT SMALL CORNER, IT'S REALLY EASY JUST TO CUT THE LITTLE CORNER OF THAT TUR.
I'M JUST, I THOUGHT IT WAS INITIALLY.
UM, DO YOU HAVE ANY OTHER, ANY OTHER CONCERNS OR COMMENTS? MR. UM, THE ONLY ONE, AND GOING THROUGH SOME OF THE EXHIBITS THAT WERE SUBMITTED, UM, IT LOOKS LIKE THE BOARD SHOULD PROBABLY ALSO, WE ALREADY TALKED A LITTLE BIT ABOUT THE, UH, THE VARIANCE FOR THE, THE FIELD ITSELF.
UM, THERE'S ALSO FENCING, UM, APPROXIMATELY 24 FOOT HIGH.
HOW HIGH ARE THE POLES? WITH THE FENCE? WITH THE NETTING? YEAH.
SO EFFECTIVELY THAT WAS TO PREVENT A BALL BALL, RIGHT.
WHEN YOU KICK IT OVER THE NET AS YOU'VE SEEN SOCCER.
TO PREVENT IT FROM GOING INTO MY NEIGHBOR'S PROPERTY.
SO AGAIN, SOLELY IT'S MESH NETTING, RIGHT.
NOT VISIBLE OTHER THAN THE POLES THAT ARE THERE TO ATTACH TO THEM TO IT.
SO THERE ARE SIGN ORDINANCE THAT ARE SIGNED, OR I'M SORRY, OUR FENCE ORDINANCE AND DEFINITION THAT THAT WOULD CONSTITUTE MUCH LIKE DEER FENCING.
THAT DOES CONSTITUTE TYPE FENCING.
SO WE WOULD SUGGEST THAT THE BOARD EVALUATE THAT FOR SAME.
[00:20:01]
AMEND THEIR APPLICATION TO INCLUDE A REQUEST FOR A DEFENSE VARIANCE OR THE PERMANENT POSTS WITH NETTING UP TO WHATEVER HEIGHT, IF IT'S 20 FEET OR 24 FEET APPLICATION.ARE YOU OKAY WITH AMENING THE APPLICATION? SURE.
OBVIOUSLY MY WIFE AND I HAVE NEVER BEEN THROUGH THIS PROCESS.
IS THERE A REASON WHY THAT WASN WASN'T? FENCE ORDINANCE IS AN EIGHT FOOT HIGH FENCE ORDINANCE.
WHAT'S THAT? A DEER FENCE ORDINANCE IS AN EIGHT FOOT HEIGHT RESTRICTION.
BUT LIKE IN, IN ALL OF THE DIAGRAMS THAT WE INITIALLY SUBMITTED RIGHT.
I'M JUST CURIOUS WHY IT'S COMING UP NOW.
IT CANDIDLY, IT HAPPENS ALL THE TIME THAT THERE'S, THERE'S MANY TIMES THAT DURING THE TESTIMONY OR DURING THE REVIEW AT BY BOARD PROFESSIONALS THAT THEY SEE SOMETHING THAT WASN'T IDENTIFIED BY THE TOWNSHIP OR WHILE YOU GUYS ARE TALKING TO THE TOWNSHIP, SOMETIMES IT DOESN'T COME ACROSS AS CLEAR AS WHAT EXISTS THERE.
SO WHEN THE PROFESSIONALS GET OUT THERE, THEY'RE ABLE TO PUT, UM, GO THROUGH WITH LIKE A FINE TOOTH COMB AND BE LIKE, YOU NEED THIS, THIS, THIS, AND THIS.
BUT YOU'RE SAYING THAT FENCE WAS SHOWN ALL THE PLANS.
I MEAN, WE DID NOT ME, MY WIFE HAS BEEN AT THIS COUNTER BUILDING LIKE EIGHT TIMES TRYING TO HAVE SOMEONE HELP HER WALK HER THROUGH IT.
UNFORTUNATELY, DURING THE DAY I WORKED.
SO BEFORE THIS WAS PUT IN SEVERAL TIMES BEFORE THIS, UNFORTUNATELY.
HOW, HOW LONG AGO WAS THAT? MONTHS.
I MEAN, THIS STARTED IN THE SUMMER.
I MEAN, WE, WE'VE BEEN HERE MANY, MANY TIMES.
I DON'T CHELSEA, THE FIRST, THE REASON WE'RE OBVIOUSLY HERE IS, I'M JUST GONNA STOP YOU FOR HALF A SECOND JUST SO I CAN SWEAR YOU IN BECAUSE I JUST REALIZED WE DIDN'T DO THAT.
PLEASE STATE YOUR NAME AND SPELL YOUR LAST FOR THE RECORD.
AND THE LAST NAME IS C-O-L-E-C-Z.
SO, UM, IT STARTED, UM, BEFORE THE SUMMER, UM, CARRYING ON AND WE NEEDED TO, WHAT WAS HOLDING US UP MOST PART WAS POINT OF OUR END BECAUSE WE HAD TO HAVE IT SURVEYED.
SO THAT WAS, THERE WAS A BIG LAW.
THE GUY WHO SURVEYING WAS AWAY.
AND, UM, YOU HOME ONCE AGAIN DURING THIS WHOLE TIME? UM, WE LIVED DOWN THE SHORE IN THE SUMMER 20.
SO IT WASN'T BEING USED FOR ANYTHING.
UM, BUT THEN WHEN I CAME, WE CAME BACK AND EVERYTHING, THE SURVEYOR CAME OUT THEN THAT'S WHEN EVERYTHING GOT STARTED.
SO I HAD THE PICTURE, THESE THINGS.
AND WAS THAT ANSWER IT WAS ALREADY CONSTRUCTED? YES.
SO THIS, THIS ALL STARTED WITH, WITH A COMPLAINT FROM A NEIGHBOR ABOUT LANDSCAPING, LIGHTING THAT THEN TURNED INTO RIGHT.
I THOUGHT YOU SAID YOU SPENT MONTHS WITH THE TOWNSHIP.
AND AND THAT'S HOW IT STARTED.
WHEN DID YOU BUILD IT? UM, WHEN DID I BUILD IT? THAT'S A GOOD QUESTION.
BEFORE PROBABLY SPRING OF LAST YEAR.
AND YOU MENTIONED THE COMPLAINT CAME IN REGARDING THE LIGHTING IN THE BACK OR, UH, DIFFERENT.
SO IT'S HOUSE, IT'S, I THINK IT WAS IN LANDSCAPING.
THAT'S WHAT WE WERE TOLD TO THROW DIFFERENT MEANS.
UM, AT THE SAME TIME WE DID THIS PROJECT, WE DID LANDSCAPING.
LIGHTING AND PLANTED TREES COMING DOWN OUR DRIVEWAY.
AND WITH THE TREES COMING DOWN THE DRIVEWAY, WE DID UP LIGHTING.
UM, WE RECEIVED NOTICE FROM THE TOWNSHIP AS TO A COMPLAINT WITH REGARDS TO THE LIGHTING, GENERAL CONCEPT OF THE LIGHTING.
WE REACHED OUT TO CERTAIN NEIGHBORS.
WE PRESUME WE KNOW EXACTLY WHAT NEIGHBOR IT WAS.
'CAUSE WE'VE HAD MANY CHALLENGES WITH THE NEIGHBOR SINCE WE'VE MOVED IN THE HOUSE.
AND THE LANDSCAPING LANDING WAS DONE BY A PROFESSIONAL LANDSCAPER, WHICH THEN TURNED INTO, AS WE UNDERSTAND IT, A COMPLAINT ABOUT A TURF FIELD, WHICH IS IN THE BACK OF MY HOUSE.
NOWHERE EVEN NEAR THE NEIGHBOR IN QUESTION.
WHICH IS RIGHT ON HARTFORD ROAD.
I HAD A QUESTION GOING BACK TO THE METAL POLES.
I GUESS ON THE SURVEY THEY SAID THEY'RE MOVABLE.
IS THAT THE CASE OR THEY THEY'RE ALL REMOVABLE.
YOU CAN PUT 'EM DOWN IN THE GROUND.
NOW HAVING SAID THAT, THEY'RE PRETTY HEAVY.
AND SO TO TAKE 'EM OUT LIKE IN ON A WINDY DAY IS NOT SOMETHING WE WOULD DO.
BUT LIKE IF I WERE TO PICK UP AND MOVE, LIKE THOSE COULD BE EASILY PICKED UP AND TRANSPORTED.
THE LIGHT BOLTS, UH, WHAT'S THAT? THE NETTING BOLT.
THE OTHER RELIEF THAT'S REQUESTED IS OR REQUIRED IS THERE'S A, UM, EXISTING IMPERVIOUS COVERAGE MAXIMUM.
[00:25:03]
IT'S ALSO PART OF THAT, UM, WE DID ASK FOR SOME TESTIMONY IN OUR REPORT, UH, RELATIVE TO WHICH DIRECTION THE WATER FROM THAT SURFACE IS FLOWING OR WHETHER THAT'S ON THE DRAIN OR HOW APPROPRIATE THAT POINT.THE DRAINAGE THAT THE, THE DRAINAGE OF THE PROPERTY DID NOT CHANGE AS PART OF BUILDING THE HOUSE.
THERE WAS WORK WITH THE TOWNSHIP ENGINEER.
WE HAD TO BUILD A LITTLE BERM GOING DOWN THE HOLE RIGHT SIDE OF OUR PROPERTY.
THE, UH, TURF FIELD IS IN FRONT OF THAT.
THE TURF FIELD ALL DRAINS TO THE BACK OF MY HOUSE INTO THE BRUSH OF THE FIELDS.
AND THERE IS NO CHANGE WITH REGARDS TO WHEN THE TURF FIELD WAS CONSTRUCTED.
IT WAS CONSTRUCTED WITH A BASE LAYER, AGAIN, HIRED PROFESSIONAL FIRM TO DO TURF FIELDS THAT DO IT FOR COMMERCIAL AND RESIDENTIAL PURPOSES.
THEY, UH, HAVE PROVIDED PAPERWORK THAT SHOWS THAT THE DRAINAGE OF A TURF FIELD IS BETTER THAN NORMAL GROSS.
IT'S, IT WILL, IT'S PERMEABLE THOUGH, RIGHT? YEAH, IT'LL GO THROUGH.
I'D ACTUALLY LIKE MY WHOLE BACK BECAUSE IT'S 10.
COULD YOU SUB SUBMIT THAT ONE IN REVISED PLANS GET SUBMITTED.
YOU THE SPECIFICATIONS WE HAVE THAT SHOULD BE IN THERE SUBMITTED TO THE POUCH.
I'LL HAVE TO DO IT AGAIN IF THAT'S NOT THERE.
IT'S, WE I JUST HAD ONE QUESTION FOR CLARIFICATION OF LIGHTING.
'CAUSE I KNOW THAT YOU SAID THAT HER HALOGEN, BUT THE SPECS THAT YOU SENT HER FOR LEDI JUST WANT TO CLARIFY.
WHATEVER THE SPECS ARE IS WHAT THEY ARE.
AND IT LOOKS LIKE THERE'S TWO ON EACH POLE.
IS THAT NOT TRUE? UM, WELL, THERE'S, THERE, IT'S, IT'S ONE FIXTURE.
I'M NOT SURE HOW MANY BULBS ARE IN THE FIXTURE.
IT LOOKED LIKE IT WAS A SQUARE, AN X SQUARE THAT.
I THOUGHT WE HAD A LIGHTING DETAIL OF IT, SO YEAH.
BUT I THOUGHT IT LOOKS LIKE THERE WAS TWO, I THINK THE SPECIFICATIONS FOR THEM WERE SUBMITTED.
YEAH, THAT'S AS, THAT'S WHAT I HAD.
BUT THAT'S WHY I WAS ASKING IF THERE WAS TWO ON EACH BOWL.
IT LOOKS LIKE THE PICTURE LOOKS LIKE THERE MIGHT BE TWO ON EACH BOWL.
I THINK THERE MAY BE TWO BULBS, BUT IT'S, IT'S LIKE ONE PICTURE.
IT'S ON A METAL BRACKET, IF YOU WILL.
THAT THEN HAS, YEAH, IT LOOKS LIKE TWO BOLTS, BIG BOLTS.
THAT'S A ONE OF THOSE ON EACH FIXTURE.
I WOULD SAY THERE'S TWO OF THOSE.
ON A METAL FIXTURE THAT'S ATTACHED TO A BIG PIECE OF WOOD.
SO I THINK THAT'S TWO POLES WITH EACH ONE OF THOSE WOULD COUNT AS A, AS A FIXTURE.
SO IT'S TWO, TWO OF THOSE PANEL ON THE TOP OF EACH.
BECAUSE EACH ONE OF THOSE HAS LEDS.
YOU'VE ALL SEEN AN LED, THEY'RE SUPER, THEY'RE TINY.
AND THERE ARE PROBABLY SOMEWHERE FROM 40 BULBS IN THERE PROFILE.
DID YOU NOT KNOW THAT YOU NEEDED TO GET A PERMIT? I MEAN, I NO, YOU DIDN'T, DIDN'T.
SO WHEN I HIRED THE PROFESSIONAL FIRM, THEY SAID, NO, IT'S PERVIOUS COVERAGE.
WE INSTALLED THESE EVERYWHERE.
DOES ANYONE ELSE HAVE ANY QUESTIONS? I'M GOOD.
IF YOU JUST WANNA TAKE A SEAT, YOU DON'T HAVE TO GO BACK, YOU KNOW, WHILE YOU OPEN IT UP.
UM, MAKE A MOTION TO OPEN TO THE PUBLIC.
IF ANYONE ELSE WOULD LIKE TO COME UP AND SPEAK ON THE TOP PAGE BEFORE WE BEGIN, PLEASE RAISE YOUR RIGHT HAND.
DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH, NOTHING BUT THE TRUTH, SO HELP YOU GOD? I DO.
PLEASE STATE YOUR NAME AND SPELL YOUR LAST FOR THE RECORD.
AND YOUR ADDRESS? 2 9 6 HARTFORD ROAD.
I, UM, SO I AM THE HOUSE IN FRONT OF THEM.
SO THEIR HOUSE IS ESSENTIALLY IN OUR BACKYARD.
WE LIVE IN ONE OF THE ORIGINAL FARM HOUSES ON HARTFORD ROAD.
UM, SO I, I BROUGHT SOME PICTURES TO ILLUSTRATE WHAT THIS LIGHTING LOOKS LIKE.
CAN I SEE THEM PLEASE? MINE? YEAH, JUST 'CAUSE JUST I THINK IT'LL BETTER ILLUSTRATE WHAT WE'RE DEALING WITH FROM, UM, THE VANTAGE POINTS OF OUR HOUSE AS FAR AS IT NOT BEING VISIBLE TO WHERE WE, UH, WHERE WE LIVE.
FOR THE RECORD, WE'LL MARK AS EXHIBIT OH ONE, THERE'S 10 PHOTOGRAPHS.
YEAH, SO WE'RE DIRECTLY IN FRONT.
UM, AND AS FAR AS NOT BEING ABLE TO SEE EVERYTHING, THE WAY THAT OUR HOUSE IS SITUATED ON HARTFORD ROAD, IT WAS DESIGNED TO LIVE OUT OF THE BACK.
UM, THE PROPERTY'S GRADED TOWARDS THE REAR OF THE HOUSE AND THEN EVERYTHING PITCHES NORTH FROM THE OLD FARM FIELDS.
THAT'S JUST HOW EVERYTHING DRAINED.
SO THERE'S NO WAY FOR US TO SCREEN WHAT YOU GUYS CAN SEE IN
[00:30:01]
THOSE PICTURES.UM, IT WOULD PRETTY MUCH BE IMPOSSIBLE.
UH, SO I GUESS A FEW QUESTIONS THAT I HAVE FROM THE PAPERWORK.
UM, OBVIOUSLY THE NON-CONFORMING SETBACKS, UM, NINE AND A HALF FEET TO 13 AND A HALF FEET TO THE PROPERTY LINE SEEMS SUBSTANTIAL.
UM, THE WETLANDS BUFFER WITHIN, UH, THE 50 FOOT BUFFER FOR THE WETLANDS, I'M DEALING WITH DEP ON ANOTHER LOT AND THAT'S A PRETTY, THEY'RE PRETTY SERIOUS WITH THAT BUFFER.
UM, AS FAR AS BEING ABLE TO DO ANYTHING IN THERE, UM, THE LOT COVERAGE.
SO I LOOKED AT THE INFORMATION THAT WAS PROVIDED FROM THE OPRAH.
UM, IT LOOKS LIKE IT'S AROUND OVER 2000 SQUARE FEET OVER, WHICH ON A LARGE LOT MAY NOT SEEM THAT MUCH, BUT IF YOU THINK MOST HOUSES IN IN TOWN PROBABLY HAVE A 2000 SQUARE FOOT FOOTPRINT, WHICH WOULD BE A 3000 SQUARE FOOT HOUSE.
SO THAT'S A PRETTY SUBSTANTIAL OVERAGE.
AS FAR AS LOCK COVERAGE, UM, IT LOOKS LIKE WITHIN THE AR ZONING DISTRICT, UM, THE COMMERCIAL GRADE LIGHTING DOESN'T CONFORM.
SO MY, MY BIG CONCERN IS THE IMPACT ON OUR HOME AND OUR PRIVACY.
UM, AGAIN, OUR HOUSE IS AROUND 150 YEARS OLD.
IT'S BEEN THERE FOR A VERY LONG TIME.
UM, AND WITH THIS INSTALLATION, IT, IT REALLY AFFECTS THE WAY THAT WE CAN LIVE IN OUR HOUSE, OUR BACKYARD, OUR SHOPS, OUR POLE BARN.
UM, ESSENTIALLY ANY ROOM IN OUR HOUSE, THIS IS VISIBLE FROM AND VERY DISTRACTING.
LIKE THE, THE PHOTOS THAT I TOOK ARE, I BELIEVE, A LITTLE BIT OVER 10:00 PM ON A WEEKNIGHT.
UM, SO IT, IT'S VERY DISTRACTING AND IT REALLY, IT IMPACTS THE WAY THAT WE CAN USE OUR PROPERTY.
UM, AND WE CAN, OUR HOUSE, WE'VE LOST MUCH OF OUR SECURITY, MUCH OF OUR PRIVACY.
UM, IT DOESN'T SEEM CONSISTENT WITH THE ZONING WITHIN THE AGRICULTURE.
I WOULD ASSUME THAT WITHIN THE, THE AGRICULTURAL RETENTION DISTRICT, THEY'RE LOOKING TO REDUCE OVERPOPULATION BASED ON THE LOT SIZES.
UM, THERE WITH THE SETBACKS FOR AR AS FAR AS TURF FIELDS AND RECREATIONAL IS TO AVOID LIGHT POLLUTION.
UM, AND, AND WE ARE NOT REALLY PROTECTED FROM ANY OF THAT FROM ANY PLACE ON OUR PROPERTY RIGHT NOW.
UM, SO IT JUST DOESN'T REALLY SEEM IN LINE WITH WHAT THE ZONING IS IN PLACE TO PROTECT US FROM ANOTHER ISSUE THAT WE ARE RUNNING INTO A LOT.
UM, WITH THE LIGHTING BACK THERE, WE HAVE PEOPLE COMING INTO OUR DRIVEWAY.
IF YOU LOOK AT THE LAYOUT OF THE HOUSE, WE HAVE PEOPLE DRIVING INTO OUR PROPERTY AROUND THE BACK OF OUR DRIVEWAY AND THEN DOING K TURNS OR PULLING AROUND AND THEN DRIVING BACK OUT TO THE ROAD BECAUSE THEY'RE LOOKING FOR THE HOUSE BEHIND US.
WHEN YOU DRIVE DOWN HARTFORD ROAD, PEOPLE THINK THAT THE ACCESS FOR IS FROM OUR DRIVEWAY.
I HAD SOMEBODY LAST WEEK OR TWO WEEKS AGO DURING THE SNOWSTORM WHO LITERALLY DROVE BACK THE DRIVEWAY AND BEHIND MY BARN TRYING TO MAKE IT TO THEIR HOUSE, WHICH IS DESTROYING MY LAWN.
UM, IT'S A SAFETY AND A SECURITY ISSUE FOR MYSELF.
UM, AS FAR AS LOCK COVERAGE GOES, THEY WERE ON THE BRINK OF LOCK COVERAGE PRIOR TO BUILDING THIS.
UM, EVER SINCE THE HOUSE HAS GONE IN, WE'VE HAD DRAINAGE ISSUES, UH, THE BACK OF OUR HOUSE, EVERYTHING BEING PITCHED, THE WAY THAT THE HOUSE AND THE ENTIRE GRADE OF, OF THAT PARCEL OF LAND WAS, WAS BUILT AND MAINTAINED FOR A HUNDRED AND SOME YEARS.
WE NOW HAVE JUST A WET BACKYARD.
THEIR LANDSCAPERS COME AND JUST PUT TIRE MARKS THROUGHOUT MY ENTIRE BACKYARD ALONG THEIR SEPTIC ON MY PROPERTY.
UM, SO THERE'S STILL RUNOFF AND DRAINAGE ISSUES, WHICH I'M SURE LOT COVERAGE, RIGHT? IF, IF YOU WERE TO MAINTAIN THE ZONING LOCK COVERAGE, YOU WOULD HAVE TO REDUCE THEIR HOUSE SIZE FROM A 7,500 SQUARE FOOT HOUSE TO A 5,100 SQUARE FOOT HOUSE IN ORDER TO MAINTAIN THAT.
UM, SO IT, IT'S A SUBSTANTIAL OVERAGE AS FAR AS THE LOCK COVERAGE GOES.
AND, UH, I DON'T REALLY FEEL THAT THERE'S A VALID REASON IN, IN OUR ZONING AND IN THIS NEIGHBORHOOD THAT REQUIRES A COMMERCIAL TURF FIELD AND LIGHTING TO BE ABLE TO ENJOY THE AREA.
WE'RE IN A, UH, A VERY DARK AREA.
THERE'S NOT A LOT OF HOW LIGHTS ON HARTFORD ROAD.
AND NOW YOU CAN SEE THE IMPACT OF THE LIGHT POLLUTION FROM BEHIND US.
UM, MY KIDS PLAY OUTSIDE EVERY SINGLE DAY AND ENJOY OUTSIDE AND DON'T HAVE ANY ISSUES WITHOUT HAVING A TURF FIELD AND WITHOUT HAVING LIGHTING, UM, IN THEIR BACKYARD.
[00:35:01]
AS FAR AS, UM, THIS ALL GETTING, LIKE THIS IS ALL IN PLACE ALREADY.THE HOUSE WAS JUST BUILT ALL OF THE, THE LOT COVERAGE AND ALL OF THE, UH, PERCENTAGES AND ALL THE, THE INFORMATION THAT WAS PROVIDED IN THE OPRAH WAS WELL AWARE OF GOING INTO THIS.
I CAN'T IMAGINE THAT SOMEBODY PUT IN A 12,000 SQUARE FOOT TURF FIELD WITH COMMERCIAL LIGHTING IMPEDING ON THE WETLANDS BUFFER ZONE, IMPEDING ON THE SETBACK, HAVING LIGHTS THAT YOU'RE NOT ALLOWED AND GOING OVER YOUR IMPERVIOUS COVERAGE LOT COVERAGE JUST WITHOUT KNOWING IT.
IT, IT, IT, UH, IT JUST, IT DOESN'T MAKE SENSE TO ME.
UM, SO I GUESS IN CLOSING, MY BIGGEST, MY BIGGEST CONCERN WITH ALL OF THIS, AND IT'S BEEN JUST PRESERVING
AND I, I THINK THAT THAT'S WHAT THE ZONING WAS PUT IN PLACE FOR IN THIS DISTRICT.
AND I, I FEEL THAT IT'S NECESSARY TO UPHOLD THAT FOR THE TOWN, UM, FOR HOW WE EXPERIENCE LIFE IN OUR HOUSE.
UH, AND I'M, I'M NOT CERTAIN WHY, UM, THAT WOULDN'T BE THE CASE.
SURE SIR, PLEASE RAISE YOUR RIGHT HAND.
DO YOU SWEAR OR AFFIRM, TELL TRUTH, NOTHING BUT THE TRUTH, SO HELP YOU GOD? YES.
PLEASE STATE YOUR NAME AND SPELL YOUR LAST FOR THE RECORD.
UH, I'M, I'M DIRECTLY ACROSS THE, MORE OR LESS DIRECTLY ACROSS THE STREET.
AND THAT I, I DIDN'T REALLY COME TO TALK ABOUT THAT.
I JUST WANT TO MAKE A COMMENT THAT I WASN'T EVEN AWARE THE STUFF WAS BACK THERE.
'CAUSE MY, MY PROPERTY, I'M, UH, REFORESTING IT AND I'M SET BACK AND THEY'RE SET BACK.
AND I, I NEVER KNEW ANY OF THE STUFF WAS EVEN BACK THERE, BUT I THINK THE ZONING ENFORCEMENT IN THE AR DISTRICT SHOULD BE CONSISTENT.
SO NEXT DOOR TO ME THAT THERE'S A GUY WHO HAS A BUSINESS, UH, BUYING AND SELLING COLLECTOR'S ITEMS AND HE RECONSTRUCTED A 1980S MCDONALD'S PLAYGROUND.
AND SO THIS APPLICANT WAS TOLD THAT A 17 FOOT, UH, LIGHT POLE WAS NOT AN ACCEPTABLE ACCESSORY STRUCTURE.
BUT THIS GUY HAS A 17 FOOT CAPTAIN CROOK SLIDE AND HE'S GOT TWO GIANT CHEESEBURGERS.
SIR, I'M JUST GOING TO BRING YOU BACK INTO JUST COMMENTS AND QUESTIONS ABOUT THIS APPLICATION.
IF YOUR NEIGHBOR HAS SOMETHING THAT IS OF CONCERN AND YOU BELIEVE IS OUTSIDE THE REGULATIONS TO PROPER, UM, FORUM WOULD BE WITH THE TOWNSHIP AND A COMPLAINT TO THE ZONING OFFICER.
THAT'S WHAT I'VE BEEN DOING FOR A COUPLE YEARS.
BUT WE'VE BEEN IN LITIGATION, THE NEIGHBORS ACROSS THE STREET HAVE BEEN IN LITIGATION AND THE, UH, TIM PRIME, THE TOWNSHIP ATTORNEY, HE BLOWS A GASKET EVERY TIME HE HEARS ABOUT THIS SITUATION.
'CAUSE HE SAYS THE TOWNSHIP DOESN'T WANT TO GET INVOLVED IN IT, NEIGHBOR DISPUTE.
SO ALL I'M, ALL I'M SAYING IS THAT THE ENFORCEMENT SHOULD BE CONSISTENT ACROSS THE AR DISTRICT.
YOU CAN ALSO GO TO THE COUNCIL MEETINGS AND HAVE, YOU KNOW, WELL, I CONTACT THE COUNSEL, THEY SEND ME BACK TO TIM PRIME, THEN HE BLOWS THE GASKET AND THEN IT, IT, IT'S JUST A BIG CIRCLE.
CAN I HAVE A MOTION TO CLOSE? SO MOVED.
UM, CAN YOU SHARE THOSE PICTURES? 'CAUSE ABSOLUTELY.
HAS NOTHING TO DO WITH THE TRUCK FIELD.
ALL THE PICTURES ARE LANDSCAPING LAYING OF THE HOUSE EVERY DAY.
I MEAN, SO THAT'S, I'LL LET, I'M GONNA LET YOU KNOW, GIVE YOU THE PICTURES, BUT I WILL SAY THAT THERE ARE SOME PICTURES THAT ARE REGARDING THE, THE DRIVEWAY LIGHTING.
UM, BUT THERE ARE ALSO PICTURES, YOU KNOW, THAT YOU CAN SEE THE LIGHTING IN THE BACK, THE LIGHTING IN THE BACK.
YEAH, I, I ENCOURAGE ANYONE HERE TO COME TO THE HOUSE AND SEE THE LIGHTS.
IF IT'S PRETTY BAD, IF A, UM, HE'S COMPLAINING ABOUT, WHICH WE DID HAVE, UM, WE WE'RE, WE'RE, I, I KNOW I JUST DON'T, WE'RE NOT GONNA GET INTO THE NEIGHBOR.
THESE ARE LANDSCAPING LIGHTINGS THE HOUSING IN THE
[00:40:01]
BACK.I ENCOURAGE YOU TO COME LOOK AT IT AT THE END OF THE DAY.
AND IT'S NOTHING TO DO WITH THE LIGHT IN THE BACK.
THAT ALL HAS TO DO WITH LANDSCAPING.
IT JUST, IT LOOKS REALLY LIT UP IN THE BACK IS WHAT I'M SAYING.
I I, I'M JUST LOOKING AT THE PHONE.
I'M TELLING YOU THAT'S NOT, THAT'S NOT REALITY.
SO I ENCOURAGE ANYONE TO DRIVE BY THE HOUSE.
I WILL TURN THE LIGHT ON AS YOU CAN SEE IT.
LIKE I SAID, THE LIGHTS ARE NOT ON EVERY DAY.
LOOKING AT THE PICTURES AND LISTENING TO THE TESTIMONY, IT OBVIOUSLY, I MEAN, IT LOOKS LIKE A FOOTBALL FIELD, YOU KNOW, IT LOOKS LIKE IT'S ACROSS THE STREET AND IT'S LE ME, UM, FROM, FROM THESE PICTURES, YOU KNOW, ON FRIDAY NIGHT FOR THE FOOTBALL GAMES.
SO, AND OBVIOUSLY THAT'S A CONCERN AND SOMETHING THAT A NEIGHBOR WOULD NOT WANT TO BE NEXT TO.
UM, SO I AM HAVING A HARD TIME UNDERSTANDING HOW IT'S NOT REALITY.
I MEAN LIKE, ARE YOU SAYING YOU THINK THAT THEY WERE LIKE THE LIGHTING IS TO PICTURE? I DON'T KNOW HOW, HOW THE PICTURE WAS AND THE FLASH ON THAT PICTURE, BUT LIKE THAT'S NOT WHAT IT WAS.
YOU HAVE VIDEOS FROM MY OTHER TROOPER YOU WANT RESPECTFULLY, SIR, SIR, PUBLIC COMMENT HAS BEEN CLOSED.
UM, SO WE CAN'T HAVE SHOUTING OUT FROM THE BACKGROUND.
WHAT IS THE REQUIREMENTS, UH, THE ZONING FOR THIS LIGHTING AT ALL? IS THERE ANY LIGHTS ALLOWED FOR SOMETHING LIKE THIS AT ALL? OR IS EVERYTHING A COMPLETE EXCEPTION? SO OBVIOUSLY WHEN THE ORDINANCE WAS WRITTEN AND BACKYARDS WERE NOT REALLY CONTEMPLATED.
UM, I THINK THE ORDINANCE IS SILENT.
I, I'D ACTUALLY HAVE TO GO BACK AND DOUBLE CHECK.
THE ORDINANCE HAS GENERAL GLARE, NUISANCE PROVISIONS IN IT.
I THINK IF WE'VE, WE'VE ALL HEARD THAT TIME BEFORE, WHICH IS TEST, IN HIS TESTIMONY IT'S LIGHTING AND THIS, WELL, IT'S NOT LIGHTING, IT'S NOT FULL CUT OFF.
SO IT IS EXPANDING OUT, UM, OUTWARD.
UM, ONE OF THE THINGS THAT, THAT YOU MAY BE ABLE TO DO, AND I, I DUNNO IF THE BOARD WANTS TO SEE THIS, BUT IF THERE'S A QUESTION OR A CONCERN OR THE BOARD DOESN'T FEEL COMFORTABLE MAYBE TO CARRY THIS A MONTH TO BE ABLE TO DRIVE BY THERE IN THE EVENING INDIVIDUALLY, UM, TO SEE WHAT THOSE POTENTIAL IMPACTS ARE.
IF THERE WERE SOME TIMES THAT MIGHT GIVE THE BOARD A SENSE OF THE INTENSITY OF WHAT THAT LIGHTING IS, UM, IT SOUNDS LIKE THAT'S A BIGGER CONCERN THAN THE ACTUAL, UH, SYNTHETIC SURFACE, UH, IN THE BACKYARD.
BUT, BUT THAT MAY BE, WE'RE SORT OF HEARING SOME CONFLICTING THINGS HERE OF WHAT THOSE IMPACTS MAY BE.
UM, YEAH, I'M, I'M LESS CONCERNED ABOUT THE ACTUAL TURF FIELD, WHICH IS WHY WE'RE HERE FOR THE SETBACKS, THE TURF FIELD WITH THE COVERAGE AND THEN THE LIGHTING IS JUST LIKE, WELL, YOU KNOW, WE COULD THROW THE FENCE IN THERE.
ALSO, THE FENCE HAS TO BE ADDED IN THERE AS WELL, WHICH THAT'S ALMOST NAKED TO, YOU KNOW, YOU CAN'T SAY IT TO THE NAKED EYE ANYWAY ALMOST WHEN YOU'RE WALKING RIGHT UP TO IT.
BUT I'M WONDERING, IS THERE SOME SORT OF, YOU KNOW, AGREEMENT WE CAN REACH WHERE THEY AGREE TO TURN THE LIGHT, NOT TURN THE LIGHTS ON AFTER A CERTAIN TIME? I MEAN, NOT THAT I THINK THAT YOU'RE OUT THERE MIDNIGHT, YOU'RE OUT THERE MIDNIGHT, YOU KNOW, UM, BUT MAYBE THERE'S AN APPROPRIATE, UM, SHUT OFF TIME.
UM, MADAM CHAIR, IF I CAN THINK OF RECOMMENDATION THERE, THE BOARD COULD ALWAYS IMPOSE A CONDITION SUCH AS THE APPLICANT WOULD REVISE AND ADDRESS ANY LIGHTING CONCERNS IMPOSED BY THE BOARD'S PROFESSIONALS.
SO THE BOARD PROFESSIONALS CAN GO OUT THERE, SEE WHAT IT LOOKS LIKE.
UM, IF THEY REQUIRE THAT THEY INDICATE THAT THERE'S TOO MUCH LIGHTING THERE, THEY COULD REQUIRE A LESS INTENSE BULB OR A WARMER COLOR.
UM, ALTERNATIVELY, 'CAUSE I'M JUST THINKING ABOUT THE ENFORCEMENT MECHANISM OF THE TIMING.
UM, YEAH, IT'S HOW DO YOU ENFORCE THAT? YOU MAKE A PHONE CALL BY THE TIME YOU MAKE THE PHONE CALL THERE, IT'S COMPLAIN.
SO YOU'RE SUGGESTING, UM, INSTEAD OF CARRYING IT SO THAT WE HAVE OPPORTUNITY TO GO OUT THERE AND SEE IT, WE COULD, UM, APPROVE AN APPLICATION, APPROVE THE APPLICATION WITH THE CONDITIONS THAT THE PROFESSIONALS, THE PROFESSIONALS OR US IT WOULD BE THE, WELL, IF YOU APPROVE IT, THEN IT WOULD BE DEFERRED TO US.
I'M, I DON'T, YOU'RE NOT OUT HERE EIGHT O'CLOCK AT NIGHT THAT MUCH.
I DON'T SAY EVERYBODY IS CLEAR.
I DO DRIVE BY EVERY DAY TWICE A DAY.
UM, SO I THINK ABSENCE SOME, UH, DIRECTION FROM THE BOARD ON IS IT A LITTLE TOO HIGH OR IS IT ABSURDLY TOO HIGH AND REALLY NEEDS TO CHANGE AND WHAT THAT, THAT SORT OF DEGREE OF INTENSITY, THEN WE COULD HAVE SOME DIRECTION FROM THE BOARD, BUT I'M OKAY.
YOU KNOW, WE'VE TALKED A LITTLE BIT ABOUT KELVIN AND COLOR TEMPERATURE AND THERE ARE THOSE SUPER BRIGHT HOT WHITE LIGHTS THAT ARE 4,000,
[00:45:01]
5,000 DEGREES KELVIN, UH, THAT ALMOST HAVE THAT BLUISH WHITE CAR DEALERSHIP KIND OF LOOK.AND THEN A LOT OF OTHER LIGHTS ARE MORE AROUND 3000 DEGREES AND THAT'S, THAT'S A LITTLE WARMER LIGHT.
MORE LIKE THE INCANDESCENT THAT WE HAVE IN THIS ROOM, A LITTLE CLOSER TO THE SUNSET LOOK AS OPPOSED TO AN OPERATING ROOM.
SO WE DON'T HAVE THE SPECS THAT WE HAVE, THESE ARE 21, 20 1000 LUMEN.
THEY HAVE 21,000 AND THAT'S ACTUALLY THE VOLUME OF LIKE, THE AMOUNT THAT COMES OUT.
30 K, 40 K, 50 K, 40 K, 50 K ON THAT SPEC.
UM, THESE LIGHTS WEREN'T ALREADY INSTALLED AS WE PUT IN A LOT.
THEY ONLY NEED 3000 DEGREE MM-HMM
UM, SO IT'S A LITTLE BIT WARMER AND LESS INTRUSIVE LIGHT.
I DIDN'T SEE THE EXHIBITS, BUT I ASSUME THAT THE LANDSCAPE LIGHTING IS GENERALLY A, A YELLOW WARMER, MORE SUNSET FEEL.
AND THAT IS USUALLY USED BEING LESS VISUALLY INTRUSIVE.
UM, THEN THAT BRIGHT WHITE WE'VE SEEN, YOU KNOW, CHRISTMAS LIGHTS THAT HAVE THAT BLUISH WHITE, THEY'RE ALMOST DISCONCERTING.
BUT THE ONES THAT HAVE SOFTER LIGHT TEND TO NOT JUMP OUT QUITE AS MUCH IN, ESPECIALLY IN THE DARK SURROUNDING VERY RURAL RIGHT AREA.
WHICH IS NOT UP FOR DE DEBATE OR DISCUSSION TONIGHT.
IT'S NOT, THEY'RE NOT THE SUBJECT OF THIS APPLICATION.
UM, IF THEY DO PRESENT GLARE OR NUISANCE OR IF THERE WAS A COMPLAINT OF VIOLATION SPECIFICALLY ON THAT, THEN THEY WOULD'VE TO BE EVALUATED AGAINST THE ORDINANCE RELATIVE TO FLOOD LIGHTING.
UM, I, I DO THINK IT WOULD BE APPROPRIATE GIVEN THE PROXIMITY TO THE ADJACENT PROPERTY AND THE SETBACK RELIEF THAT THE PHOTO METRICS, THE ACTUAL FOOT CANDLE POINTS FROM THE LIGHTS THAT WERE SELECTED BE TRANSFERRED, UM, ONTO THE SITE PLAN.
SO WE MAKE SURE THAT THERE ISN'T LIGHT TRESPASS ONTO THE ADJACENT PROPERTY TO THE NORTH.
UM, BECAUSE THEY'RE 21,000 IS, IS QUITE A LOT.
UM, IT'S IT'S SPORTS FIELD TYPE, UM, TO MAKE SURE THAT WE DON'T HAVE PROBLEM WITH TPAS ON THAT.
AND WE CAN REQUEST THAT INFORMATION DURING THIS PERIOD IF WE DECIDE TO TABLE, I THINK THAT WOULD THIS APPLICATION APPROPRIATE? YES, CERTAINLY CAN.
IS THIS ANOTHER QUESTION I HAD WAS THERE WAS SOME, SOME COMMENTS ABOUT A LOT OF PEOPLE TURNING IN AND LOOKING FOR YOUR PLACE TO GOING.
YOU, WHEN YOUR SON HAS A TRAINER COME, IT HAS NOTHING TO DO WITH THAT.
IT'S DOORDASH, IT'S DELIVERY, IT'S FOOD DELIVERANCE.
WHEN YOUR SON HAS A TRAINER HOME.
IS IT A SIMPLE ONE-ON-ONE SESSION? OH YEAH.
IT'S OH, IT'S ONE, ONE INDIVIDUAL.
SO IT'S NOT WITH TEAMMATE CLINICS TRAINING? NO.
THE TRAFFIC IS WHEN YOU TYPE IN, IN GOOGLE MAPS, APPLE MAPS 2 96.
THERE'S THREE DRIVEWAYS WITHIN A FIVE, 500 FOOT AREA.
IT'S UNFORTUNATE, BUT IT'S THE WORLD WE LIVE IN.
I LIKE THE IDEA OF CONTINUING THE APPLICATION COMPLETELY OR APPROVING A SECTION.
I, I, THE LIGHTING IS DISTURBING TO ME.
I NEED TO UNDERSTAND IT BETTER.
THERE'S NO WAY TO SEE IT WITHOUT SEEING IT.
LIKE I SAID, ENCOURAGE EVERYONE TO DRIVE BY, COME OVER, TURN IT ON, YOU CAN SEE IT.
YOU SEE THE LANDSCAPE LIGHTING, WHICH IS ON EVERY DAY.
BUT AS WE WERE TOLD, WE ARE HERE FOR TWO THINGS.
THE TUR FIELD AND THAT LIGHTING, THE TUR FIELD LIGHTING IS WHAT I'M CONCERNED WITH.
IF I COULD TELL YOU WHEN IT FIRST CAME UP, HIS WIFE DID SEND US A PICTURE.
'CAUSE WE DID ASK LIKE WAS THERE A PROBLEM MM-HMM
AND, UM, WE KNEW THERE'S ONLY, WE ONLY HAVE ONE NEIGHBOR, TWO NEIGHBORS.
AND THEN ONE TO THE, YOU'RE LOOKING AT THE HOUSE TO THE LEFT.
HIS SON'S, THEIR SON'S AT MY HOUSE EVERY SINGLE DAY.
BUT THOSE LIGHTS, LIKE MY HUSBAND SAID, HE'S NOT COMPLAINING ABOUT THE TUR LIGHTING, HE'S COMPLAINING ABOUT OUR LANDSCAPE LIGHTING, WHICH IS WHAT I WAS TOLD FROM THE BEGINNING.
SO THIS IS WHAT I'M TRYING TO UNDERSTAND.
THOSE LIGHTS ARE NEVER ON UNLESS HE'S TRAINING.
IT'S JUST A, IT'S JUST A REASON TO COME HERE.
THE WIFE COMMUNICATED TO MY WIFE THAT IS, IT'S, IT'S THE LANDSCAPE.
IT'S, WE TOOK AWAY THEIR, WHAT THEY THOUGHT WAS THEIR FARM.
THEY DIDN'T WANT US THERE AND I'M, WE ARE ONLY, THEY DIDN'T WANT THE LAND KNOW THAT HANDICAP ACCESSIBLE FROM THROUGH.
[00:50:01]
WE WOULD'VE NEVER COME, WE COULDN'T FIND LAND IN MARTON AND WE'RE HERE, WE HAVE EVERY RIGHT.AND IT'S VERY DIFFICULT WHEN SOMEONE, AND IT, IT'S BEEN A HORRIBLE, HORRIBLE SITUATION.
WE HAVE SAID NOTHING, NOTHING ON YOUR FIRST EXPERIENCE WITH AN INDIVIDUAL.
AND AGAIN, THIS IS NOT WHY WE'RE HERE, BUT WHEN YOU'RE FIRST EXPERIENCED WITH AN INDIVIDUAL, WHEN I'M TAKING MY 14-YEAR-OLD SON PROPERTY, I'M GONNA DIE DOWN PROPERTY TO NOT SO MUCH NEIGHBOR, SIR.
WHEN, WHEN THEY'RE CURSING AT ME.
EXCUSE ME, SIR, I UNDERSTAND THAT THERE'S A LOT OF ANIMOSITY WITH YOU AND YOUR NEIGHBORS AND THERE'S GONNA BE A LOT.
I UNDERSTAND IT'S AN EMOTIONALLY CHARGED SITUATION, BUT WE NEED TO FOCUS ON THE APPLICATION, WHAT'S PRESENTED, WHY IT'S THERE, AND THEN THERE'S SPECIFIC PROOFS THAT YOU'RE REQUIRED TO SATISFY.
AND THOSE ARE SET FORTH IN THE STATUTE.
AND I UNDERSTAND IT'S THE PURPOSES OF ZONING.
I NO, I'M RESPONDING TO SOME OF THE COMMENTS THAT REMAIN.
BUT YOU'RE, I DON'T WANT, I DON'T WANT IT TO TURN INTO AN ARGUMENT OF WHY YOU AND YOUR NEIGHBORS DON'T GET ALONG.
IT'S NOT PERTINENT TO THE APPLICATION.
UM, I APOLOGIZE FOR INTERRUPTING.
LIGHTING ASPECT, SOCCER FIELD, LIGHTING.
IS THE SOCCER FIELD LIGHTING THE ISSUE? IS THE SOCCER FIELD, THE LIGHTING, THE ISSUE? YEAH.
I MEAN YOU CAN SEE THE PHOTOS.
I JUST WANNA MAKE SURE WE'RE DISCUSSING THE SAME THING.
ONE IS THE PICTURE OF HIS WIFE.
ANYTHING LIKE THAT? THAT'S, DO YOU WANNA OPEN? NO, NO.
I JUST, NO, I JUST WANTED A STRAIGHT ANSWER.
UM, I, I'M GONNA MAKE A MOTION THAT WE CARRY THIS WHOLE PROCESS UNTIL NEXT MONTH WHERE WE CAN GET SOME CLARIFICATION ON THE LIGHTING.
UM, I THINK THAT WE MAY HAVE TO SCHEDULE SOMETHING WHERE WE CAN COME OUT AND TAKE A LOOK.
UM, I KNOW THAT IT'S THAT WE HAVE THE AUTHORIZATION TO ENTER THE GROUNDS, BUT THAT'S NOT GONNA HELP US WITHOUT TURNING THE LIGHTS ON AND ALL THAT STUFF.
SO I THINK WE CAN FIGURE OUT SOMETHING.
MAYBE WE CAN GET ANN TO BE IN THE MIDDLE OF IT SCHEDULING LIKE A SPECIFIC TIME FOR US TO GO TAKE A LOOK FOR YOU.
BUT I WOULD, I'M MAKING A MOTION TO CARRY IT TILL NEXT MONTH AND MR. VICE CHAIR I THINK COULD, YOU KNOW, AS OPPOSED TO OBVIOUSLY MULTIPLE BOARD MEMBERS CAN'T BE OUT THERE AT THE SAME TIME, BUT, BUT MAYBE IF THE LIGHTS ARE TURNED ON AND THE LANDSCAPE LIGHTING IS TURNED OFF FOR THE NEXT SEVERAL NIGHTS FROM DUSK UNTIL I DON'T WANNA BURN YOUR ELECTRICITY.
BUT THAT WAY THE BOARD MEMBERS AND EVERYBODY COULD BE ABLE TO AT LEAST DRIVE BY AND SEE IT.
WANTS TO SCHEDULE VAN IF LIKE, WE CAN GET SOME SORT OF WINDOW TIMEFRAME.
UM, IF YOU DON'T MIND SOME SORT OF WINDOW, 10:00 PM CAN YOU SHUT THE LANDSCAPING LIGHT OFF AND THEN JUST DO THE UH, I CAN, AS SOON AS I CALL MY LANDSCAPER, WE'RE GONNA ASK HIM HOW TO DO IT.
YOU SAID IT'S ON EVERY DECK SO ABSOLUTELY.
I JUST, MY ONLY, ONLY CONCERN IS IF YOU ARE TURNING OFF OUR LANDSCAPE LIGHTING.
DRIVING, I THINK THE BOARD WILL PROBABLY BE ABLE TO DISTINGUISH BETWEEN THE TWO BECAUSE THAT FIELD LIGHTING WILL HAVE THAT MUCH WIDER BRIGHTER LIGHT.
JUST FROM WHAT I CAN SORT OF SEE FROM THE EXHIBITS, THE LANDSCAPE LIGHTING IS MORE OF THAT SUNSET GLOW TYPE OF COLOR.
AND WE'LL SCHEDULE SOMETHING FOR A SPECIFIC HOURLY WINDOW OR SOMETHING.
AND MR. RICKERS, IS THE BOARD INTERESTED IN, UM, GETTING MORE INFORMATION ON THE FOOT CANDLES BEING SUPERIMPOSED ONTO A REVISED SITE ON A, ONTO A REVISED SURVEY? YES.
SO YOU'RE GONNA WANT TO TALK TO YOUR SURVEYOR, UM, OR POTENTIALLY AN ENGINEER TO HAVE THEM LOOK AT WHAT THE LUMEN ARE FOR THE LIGHT AND WHAT THE LIGHT POLLUTION OFF THAT IS AND HOW FAR THE LIGHT GOES OFF YOUR PROPERTY.
SO BASICALLY THINK OF IT AS LIKE A BIG CIRCLE, BUT THIS IS YOUR PROPERTY CONCERN NEIGHBOR, HOW FAR DOES THE LIGHTS, WHEN THEY'RE ON GO OUT AND YOU'RE GONNA WANT TO TALK TO YOUR PROFESSIONALS TO SUBMIT A REVISED PLAN.
AND THAT REVISED PLAN WOULD ALSO HAVE TO ADDRESS THE COMMENTS BY THE BOARD'S PROFESSIONALS TO CORRECT THE SETBACK WHERE IT SAYS 30 FEET, BUT IT'S AROUND 50 FEET.
I APOLOGIZE TO MAKE YOU COME BACK, BUT I DO WANNA MAKE SURE THAT WE DO THE RIGHT THING FOR THE COMMUNITY.
DO I HAVE SECOND? SECOND? ANYBODY SECOND? SECOND.
DO I SHARE MY RECORDS? AYE, SHE, AYE.
SITTING FROM HERE I'LL GET A FOLLOW UP EMAIL OR SOMETHING.
SO ANN WILL BE IN COMMUNICATION IN REGARDS TO TRYING TO GET A DATE THAT WE CAN JUST TRY AND MAKE THIS HAPPEN BEFORE NEXT.
BUT IN ADDITION TO THAT FOLLOW UP THAT WE NEED TO DO THAT THIS GENTLEMAN SPOKE ABOUT OR HOW YOU SUPPOSED FOLLOW THAT, I WOULD HAVE IT FOR THE NEXT MEETING
[00:55:01]
SO THAT THOSE DETAILS ARE CARD PROVIDED PRIOR TO THE MEETING.I WAS LOOKING FOR A CARD TO GIVE YOU A CARD, BUT I DON'T HAVE ONE.
EMAIL AND, AND WILL FORWARD ME YOUR EMAIL AND I WILL SPELL OUT EXACTLY WHAT THEY'RE LOOKING FOR.
I I JUST WANT TO CLARIFY, IS IT REALISTIC FOR THAT TO BE READY IN A MONTH? I DON'T KNOW WHAT THE BOARD, WHAT THE, THEIR PROFESSIONAL, IF YOU HAVE TO GET THEIR SURVEYOR TO DO SOMETHING, IS IT REALISTIC THEY GET A LIGHTING PLAN IN A MONTH? WELL, IT, IT REALLY SHOULD BE SUBMITTED 10 DAYS PRIOR.
SO TO TRY TO TURN THAT AROUND 20 DAYS AND FIND AN ENGINEER, GET THE PHOTO MEASURES.
ENGINEERS ARE VERY BUSY RIGHT NOW.
UM, THAT MIGHT NOT BE REALISTIC.
SO ARE YOU SAYING THAT THIS MAY HAVE TO CARRY TO, TO THE SECOND MONTH BECAUSE OF THAT DOCUMENT NOT BEING READY? UM, I'M ASSUMING THAT DOCUMENT'S NOT GONNA BE READY BASED ON WHAT YOU'RE TELLING ME.
MORE LIKELY THAN NOT, CORRECT.
AND I DON'T WANT YOU TO COME BACK AND THEN COME BACK AGAIN AND THEN COME BACK AGAIN.
I, I THINK, YOU KNOW, WE, HE'LL GIVE YOU THE DIRECTION AS TO WHAT IT IS.
WELL WE HAVE TO ANNOUNCE TONIGHT SO WE HAVE TO MAKE THAT DECISION OTHERWISE THEY HAVE TO THIS I THINK TO BE SAFE, IT WOULD PROBABLY BE BEST TO CARRY UNTIL APRIL.
UM, IF THAT'S ACCEPTABLE TO THE APPLICANT TO PROVIDE THEM WITH THE 60 DAYS TO ADDRESS IT.
I'LL AMEND MY MOTION TO CARRY UNTIL APRIL FOR THAT SECOND SO THAT WE CAN GET THE OTHER DOCUMENTATION DONE.
WE DIDN'T YOU DIDN'T CALL YOU MM-HMM
PATRICK, DO WE NEED TO REDO IT? WE JUST NEED TO DO ALL IN FAVOR? ALL IN FAVOR.
AND WHEN IS THE APRIL, UM, APRIL 16TH FOR THOSE MEMBERS OF THE, ARE YOU IN THE PUBLIC ATTENDING FOR THIS APPLICATION? THE MATTER IS BEING CARRIED UNTIL APRIL 16TH.
UM, AT SIX 30 THERE WILL BE NO FURTHER NOTICE.
OKAY, THE NEXT APPLICATION IS RAQUEL REIVE ONE PLEASANT MILL COURT BLOCK 53 0 1 0.1 BLOCK 25.08.
SEEKING A BOTH VARIANCE TO CONSTRUCT A SIX FOOT FINAL FENCE IN THE FRONT YARD.
DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH, NOTHING BUT THE TRUTHS, SO HELP YOU GOD? YES.
PLEASE STATE YOUR NAME AND SPELL YOUR LAST FOR THE RECORD.
AND YOU'RE THE OWNER OF THE PROPERTY, CORRECT? BACK TO YOU, MADAM CHAIR.
UM, PLEASE TELL US ABOUT YOUR APPLICATION.
UM, SO I'M SEEKING AN APPROVAL FOR A SIX FOOT VINYL FENCE ON MY PROPERTY.
UM, MY PROPERTY IS A CORNER LOT AND SO MY SIDE YARD IS CONSIDERED A FRONT YARD.
UM, AND SO MY, A PREVIOUS OWNER OF MY PROPERTY, UM, HAD APPROVAL FOR AN IT THING, SIX FOOT WOODEN FENCE AROUND THE POOL AREA.
UM, AND THAT WAS INSTALLED AROUND 20 YEARS AGO.
AND SO DUE TO THE AGE OF IT, IT'S STARTING TO ROT AND I WOULD LIKE TO, UM, REPLACE IT.
SO I CHOSE A VINYL MATERIAL TO AVOID ROTTING IN THE FUTURE.
UM, SO THE OLD FENCE ENCLOSES THE POOL AREA AND THE NEW FENCE ENCLOSES MOST OF MY BACKYARD.
UM, AND HAVING A SIX FOOT HIGH FENCE ON THAT SIDE OF MY YARD IS REALLY IMPORTANT TO MY FAMILY, MOSTLY FOR THE PURPOSE OF SAFETY AND PRIVACY.
UM, MY SIDE YARD, ESPECIALLY THE POOL AREA IS GRADED AROUND THREE TO FOUR FEET HIGHER THAN THE ROAD.
AND SO FOUR FEET, UM, FENCE HEIGHT DOESN'T REALLY GIVE US ANY PRIVACY WHEN WE'RE OUTSIDE IN THE POOL OR IN OUR YARD IN GENERAL.
AND, UM, ADDITIONALLY MY HUSBAND HAS A SMALL BUSINESS, UM, IN MEDFORD.
HE DOES AQUARIUM SERVICES AND SO WE HAVE AN EXISTING DETACHED GARAGE ON OUR PROPERTY WHERE HE STORES SOME OF HIS, UM, EQUIPMENT AND SUPPLIES FOR HIS BUSINESS.
AND SO WE FEEL LIKE HAVING A FENCE SURROUNDING THE PROPERTY, YOU WOULD JUST ADD AN EXTRA LAYER OF
[01:00:01]
SECURITY NOT ONLY TO OUR FAMILY BUT TO OUR BUSINESS AS WELL.UM, IT HAS GATES ON IT THAT WE KEEP LOCKED FOR SECURITY PURPOSES.
UM, LASTLY, I THINK, I THINK AT THIS POINT WE PROBABLY SHOULD.
UM, SO WE KNOW WE HAD ASKED A QUESTION ABOUT THAT IN OUR REPORT.
UM, IF THE APPLICANT INDICATED THAT THEY WERE USING THE RESIDENTIAL GARAGE FOR BUSINESS PURPOSES, THAT IS NOT THE SUBJECT OF THE APPLICATION THAT WOULD ACTUALLY REQUIRE USE VARIANCE BECAUSE COMMERCIAL USE RESIDENTIAL'S NOT PERMITTED.
UM, I THINK THAT WAS PART OF THE TESTIMONY AND THE DESCRIPTION OF THE NEED FOR THE FENCING AND FOR SECURITY OF THAT.
SO I THINK IT, IT PROBABLY FOR US, UM, NOT APPROPRIATE FOR US TO PROCEED ON THE USE VARIANCE AND WHAT'S HAPPENING IN THERE.
THERE ARE OTHER REASONS THAT DEFENSE VARIANCE, UM, SHOULD BE CONSIDERED.
BUT WE, YOU KNOW, WE HAD ASKED THAT WE SUBMITTED IN ADVANCE TO THE HEARING, I DUNNO THAT WE GOT ANYTHING ADDITIONAL.
UM, SO, UM, WE AREN'T GONNA BE ASKING ANY ADDITIONAL QUESTIONS AS FAR AS BUSINESS AND WHAT'S IN THE GARAGE AND YEAH, I MEAN I THINK THAT WOULD BE SAVED FOR A LATER FOR USE VARIANCE.
THE APPLICANT WOULD, I HAVE TO AMEND THE APPLICATION ON THE FLY BEFORE THIS BOARD AND REQUEST A USE VARIANCE, WHICH HAS SIGNIFICANT PROOFS.
UM, WHICH I WOULD NOT THINK WOULD BE A GOOD IDEA.
BASED ALL THE PROOFS FOR USE, VARIANCE OF A COMMERCIAL USE IN A RESIDENTIAL ZONE.
UM, SO THEY SHOULD, APPLICANT SHOULD PROBABLY FOCUS ITS APPLICATION ON THE FENCE AND JUST HAVE A VARIANCE FOR THE FENCE.
AND THEN IN THE EVENT THEY WANT TO CONTINUE THE USE RETURN BACK TO THE BOARD FOR A USE VARIANCE APPROVAL.
SO WHY, WHY WOULD IT NEED A SEPARATE USE VARIANCE? SO IN A RESIDENTIAL DISTRICT IN MEDFORD AND IN MOST COMMUNITIES, YOU, YOU CAN'T RUN A BUSINESS, YOU CAN'T SCORE BUSINESS MATERIALS IN THAT HOUSE.
EVEN IF, IF WE'RE JUST, HE'S, THIS IS A SERVICE BUSINESS, SO HE'S TRAVELING TO DIFFERENT CUSTOMERS.
HE'S JUST STORING SOME TOOLS IN THE GARAGE.
SO THAT'S, THAT'S WHY CONTRACTORS HAVE ZONES WHERE CONTRACTORS OFFICES AND CONTRACTORS WAREHOUSES ARE FROM PREMISES OR SELF STORAGE FACILITIES.
THOSE ARE COMMERCIAL ZONE DISTRICTS.
UM, BUT YOU CAN'T USE THE ACCESSORY BUILDINGS FOR THE STORAGE OR OPERATION OF ANY SORT OF A BUSINESS OPERATION.
SO THAT, SO WHAT DO WE NEED TO DO? DO WE NEED TO APPLY FOR A SEPARATE VARIANCE FOR THE BUSINESS? SO THAT WOULD BE, YEAH.
AND THAT WOULD BE OWN APPLICATION AND IT'S KNOWN, UM, IF, IF YOU WANT TO CONTINUE THAT, UM, THAT WOULD BE TO AN APPLICATION, UH, WHICH HAS AN APPLICATION FEE YOU'D HAVE TO DO WITH A NEW PUBLIC NOTICE THAT CALLS OUT FOR VARIANCE.
UM, AND THERE'S VERY SPECIFIC PROOFS THAT YOU'LL NEED TO MEET.
UM, USUALLY WITH USE VARIANCES, IT'S TYPICAL TO CONSULT AN ATTORNEY PRIOR TO PRESENTING IT, SO YOU CAN BETTER EXPLAIN IT TO YOU.
ALSO, QUESTION IF AT THAT POINT WHEN THEY'RE COMING BACK FOR THE USE VARIANCE, ARE THEY COMING BACK IN THE CAPACITY AS THE BUSINESS AND THEN WE NEED COUNSEL'S REPRESENTATION ANYWAY? UH, YEAH.
SO, UM, IF YOU WILL, YOU WOULD HAVE TO COME BACK AND YOU WOULD NEED AN ATTORNEY TO REPRESENT YOU BECAUSE YOU ARE NOT COMING BACK IN YOUR INDIVIDUAL CAPACITY.
YOU WOULD BE COMING BACK AS THE, THE BUSINESS OWNER.
UM, CAN I CONTINUE WITH THE APPLICATION FOR THE FENCE FOR, SINCE I HAVE OTHER PERSONAL REASONS? CERTAINLY I CAN SEE IT.
YEAH, YOU CAN, YOU CAN CONTINUE.
I THINK, UM, WHAT MR. TAYLOR WAS SAYING WAS ANY TESTIMONY THAT YOU PROVIDE AS FAR AS WANTING THE FENCE BECAUSE OF PRIVACY CONCERNS OR SECURITY CONCERNS BECAUSE OF WHAT YOU'RE STORING IN THE SHED CANNOT, CANNOT BE HEARD, CANNOT BE CONSIDERED BECAUSE OF WHAT'S IN THE SHED OR WHAT YOU'RE THE PURPOSE OF THE SHED.
SO OTHER, EXCLUDING THE BUSINESS, UM, LIKE I SAID, OUR MAIN CONCERN IS PRIVACY AND SAFETY FOR MY FAMILY.
FOR NOT ONLY JUST THE, YOU KNOW, HAVING SAFETY AROUND THE POOL AREA, BUT JUST SAFETY OF BEING IN, BEING ABLE TO PLAY MY YARD AS WELL.
UM, AND THEN LASTLY, JUST TO KEEP THE DEER OUT OF OUR YARD, UH, WE PLAN ON DOING SOME GARDENING AND LANDSCAPING THIS SPRING.
AND SO, UM, WE'D LIKE TO BE ABLE TO HAVE VEGETABLES AND FLOWERS AND STUFF
[01:05:01]
LIKE THAT.UM, WE DID NOT CUT DOWN ANY TREES WITH THIS PROJECT AND WE TALKED TO BOTH OUR OHOA OLD MALE TWO, UM, WHO APPROVED THIS.
AND THEN ALSO THERE'S ANOTHER HOA, UM, IT WAS CALLED OAK.
THEY'RE, UH, LIKE RIGHT NEXT TO OUR PROPERTY.
AND SO WE TALKED TO THEM AND THEY WERE OKAY WITH THIS AS WELL.
YOU SAID NO TREES WERE REMOVED? CORRECT.
AND WHEN DO YOU PLAN TO REMOVE THE FENCE THAT'S AROUND THE POOL WOODEN FENCE.
UH, WE WANT TO GET OUTSIDE AND DO LANDSCAPING, INCLUDING TAKING THE FENCE DOWN.
SO ONCE, ONCE IT WARMS UP, WE'LL START LOOKING AT THAT.
ARE YOU GONNA REPLACE THAT FENCE THERE OR ARE YOU JUST REMOVING EVERYTHING THAT YOU HAVE? 'CAUSE IT'S WR IRON AND WOOD, RIGHT? IT'S RIGHT.
IT'S WR IRON ON TWO SIDES AND WOOD ON TWO SIDES.
SO WE'RE DEFINITELY GOING TO TAKE DOWN THE WALL SINCE, UM, IT'S ROD IN ROTTING.
UM, AND I, I'M NOT SURE YET IF WE'RE JUST GONNA REPLACE IT WITH LIKE OUR
SO I SEE THE, THE BOARD IN 2002 REQUIRED LANDSCAPE BUFFERING ALONG THE FENCE.
UM, AND OBVIOUSLY THAT'S EITHER MATURED OR YOU CAN'T SEE IT ANYMORE BECAUSE OF THE, THE NEW FENCE THAT YOU HAVE UP.
UM, SO IF WE WERE TO APPROVE THE APPLICATION, WOULD YOU BE WILLING TO ADD SOME SORT OF SHRUBS, TREES, SOMETHING TO KIND OF BUFFER THAT LIKE WHITE STARK, YOU KNOW, UM, COLOR? YEAH, THAT'S NOT AN ISSUE.
I CAN DO THAT THIS SPRING WHEN I WORK ON THE REST OF THE YARD.
JUST OUTTA CURIOSITY, IS THERE ANY, ANY OTHER HOMES IN YOUR NEIGHBORHOOD THAT HAVE WHITE VINYL FENCE? UM, YEAH, THERE'S SOME ON AXION ROAD, WHICH IS LIKE A STREET DOWN FROM MY STREET, UM, THAT I NOTICED.
UM, NO ONE ON, I DON'T THINK ANYONE ON MY STREET HAS, UH, WHITE.
YEAH, IT JUST DOES, UM, YOU KNOW, APPEAR OUT OF PLACE.
UM, MR. TAYLOR, DO YOU HAVE ANY COMMENTS? YEAH, THAT WAS THE FIRST THING THEY NOTICED US AND IF IT HAD BEEN A FULLY COMPLIANT FENCE, THEY CAN CONSTRUC IT, BUT BECAUSE IT'S WITHIN A FRONT YARD AND REQUIRES SOME VARIANCE, IT MAKES IT THAT MUCH MORE SORT OF VISUALLY NOTICEABLE.
AND THE WHITE, THE WHITE DOESN'T HAVE THAT, SO.
UM, THE FENCE HADN'T ALREADY CONSTRUCTED.
THE BOARD HAS OTHER APPLICATIONS LOOK FOR THOSE THAT TAN OR SORT OF BAR COLOR, SO IT KIND OF BLENDS INTO THE WOOD TO MAINTAIN SOME OF THE CHARACTER OF THOSE.
UM, BUT MEMBRANE TRUCKS WILL HELP.
WE DID, WE ALSO, AND I'M SORRY, MR, DID YOU GET A COPY OF OUR REPORT? BECAUSE CLARIFICATION, THE NARRATIVE ACTUALLY SAYS THAT FENCE IS 37 FEET FROM THE SIDE OF THE DWELLING, BUT THE PLAN SAYS IT'S 44 FEET, SO WE'RE REALLY NOT SURE WE'RE YEAH.
SO, UM, FROM THE SIDE OF THE DWELLING, IT IS 44 FEET, SO FROM THE HOME TO THE FENCE IT'S 44 FEET.
I'M NOT REALLY SURE WHAT THEY, I DID SEE THAT REPORT, I HONESTLY WASN'T REALLY SURE WHAT THEY WERE TALKING ABOUT.
UM, BUT IT'S 44 FEET FROM THE HOME TO THE FENCE AND THEN BETWEEN THE FENCE AND THE ROAD IS 35 FEET.
WHAT ALLOWED DID YOU MEASURE TO THE PROPERTY LINE OR TO THE ACTUAL, TO THE PAVED THE PAVEMENT.
SO WE DON'T KNOW WHAT THE STEP BACK WE MEASURE TO THE FRONT PROPERTY LINE.
[01:10:01]
SO IT LOOKS, IT LOOKS LIKE IF IT IS, IF IT'S ACCURATE AT 44 FEET FROM THE SIDE OF THE HOME, IT LOOKS LIKE THAT WOULD BE ABOUT A 15 FOOT FRONT YARD SETBACK FOR THAT FENCE.WHERE THE ORDINANCE WOULD, WOULD REQUIRE THAT TO BE 59 POINT SQUARE WOULD REQUIRE 59, UH, 59.81 FEET, WHICH IS THE PRINCIPAL BUILDING SETBACK FROM MOUNTAIN GLEN ROAD.
AND IF THE EXISTING WOODEN FENCE I KNOW IS ALSO A DEVIATION FROM THAT, WELL THAT WAS A, THAT WAS APPROVED IN A PREVIOUS AS A WOOD FENCE, 30 FEET DIFFERENCE.
WHAT'S THE DIFFERENCE FOR THOSE TWO FEET OR TWO FENCES? 20, UM, 34 FEET AT 35 FOOT.
SO THE NINE FEET DIFFERENCE, WAS IT NINE FEET DIFFERENCE? OH, IT WAS, THOSE FENCES ARE ONLY NINE FEET APART.
WELL, THE RESOLUTION 23 TO 2002 UP THE WOOD FENCE TO BE 56 FEET FROM THE EDGE OF THE MOUNTAIN ON THE ROAD PARKWAY, THE ACTUAL ASPHALT PARK AND YOU AND THERE 15 YOUR FENCE IN 30, 35 5.
SO THAT ACTUALLY DOESN'T EQUATE THAT 21 FOOT DIFFERENCE.
SO THAT'S WHY WE WERE ASKING FOR CLARIFICATION EXACTLY WHERE DEFENSES ARE.
WE HAVE TO HAVE A SURVEYOR, HAVE SOMEONE MENTION THAT RELATIVE TO THE PROPERTY LINE AND THE PLAN IS DIFFERENT WHAT'S IN THE APPLICATION.
SO JUST MAKE SURE UNDERSTANDING MR.
I THOUGHT, UM, THE SETBACK WAS TO THE ACTUAL PAVEMENT, SO, UM, THAT'S WHAT I MEASURED, SO I APOLOGIZE.
NOW WE'RE BACK TO THE SAME PROBLEM WE HAD WITH THE LAST ONE IS, HOW FAST CAN WE GET A SURVEY TURNED AROUND WHERE WE CAN GET ACTUAL FOOTAGE TO KNOW WHAT THE DISTANCE ARE AND IS THAT GONNA MAKE A DIFFERENCE? THAT'S 15 FEET OR 25 ON YOUR OPINION? I MEAN, I MEAN, DO WE NOT DIRECTED AT ME? SORRY, I WAS CHECKING MY NOTES THAT THAT'S REALLY A QUESTION FROM THE BOARD.
THE, IT IS DEFINITELY A BOARD QUESTION.
IT'S, IT'S JUST A HYPOTHETICAL.
DOES 15 FEET OR 20 FEET MAKE THE DIFFERENCE ON THE BOARD? DO DOES, I MEAN, DOES IT MAKE A DIFFERENCE TO GET THE SURVEY DONE? IS IT GONNA BE THAT MUCH DIFFERENT TO SAY IT'S FIVE FOOT DIFFERENT? THAT WAS ONE OF THE REASONS WE DID PUT COUPLE PHOTOGRAPHS, UM, IN OUR, SEE THAT RELATIONSHIP AND I, I ALSO SUBMITTED MULTIPLE PICTURES IN THE APPLICATION THAT SHOW FROM MULTIPLE ANGLES ON MOUNTAIN RUN ROAD.
UM, JUST SHOWING THAT THERE'S NOT ANY VISIBILITY ISSUE.
IF YOU WERE TO BE DRIVING FROM, YOU KNOW, UM, COMING DOWN FROM ION ROAD OR TURNING ONTO MOUNTAIN RUN ROAD FROM PLEASANT MILL COURT, UM, OR, OR, UM, TURNING ONTO PLEASANT MILL COURT FROM MOUNTAIN RUN ROAD, UM, YOU CAN SEE ON THERE THAT, UH, THE, IF THERE, IT'S ACTUALLY THE TREES AND THE BUSHES THERE THAT BLOCK IT, THE FENCE IS FAR ENOUGH BACK THAT FROM DRIVING AT LEAST IT DOESN'T GET IN THE WAY.
I DON'T NECESSARILY THINK THAT IT MAKES SENSE TO CONTINUE IT.
THAT'S WHY I WAS JUST THINKING THAT IS IT GONNA MAKE A DIFFERENCE FOR A FIVE FOOT DIFFERENCE IF IT'S REALLY 20 OR 15? IT'S, TO ME, MY OPINION'S STILL THE SAME.
TAYLOR, TAYLOR, DO YOU THINK THAT THERE'S ANY VISIBILITY IMPACTS AS A RESULT OF THE SETBACK THAT, UH, OUR SUM, SO IT'S REALLY FOR THE COURT TO DETERMINE WHETHER THOSE ARE SUBSTANTIAL BECAUSE IT'S, IT'S OBVIOUSLY VISIBLE AND IT'S, IT'S, YOU KNOW, 20 OR I'M SORRY, 44.
[01:15:02]
44 FROM THE SIDE OF THE HOUSE.UM, SO APPROACH 44 REQUIRED SETBACK.
UM, THE, SO THERE ARE DEFINITELY VISUAL IMPACTS.
THOSE WILL BE MITIGATED TO SOME EXTENT BY SOME EDUCATION OVER TIME.
UM, SO IT'S REALLY, IT'S REALLY UP TO BOARDS DECISION.
WE CAN SORT OF BACK OUR WAY IN IF WE RELY ON THE 44 FEET AS ACCURATE AS MEASURED FROM BUILDING, SUBTRACTING THAT FROM THE, UH, 59.81 LEAVES US A SETBACK OF APPROXIMATELY ONE FEET.
SO IF THAT MAKES SENSE TO CONSIDER THAT AT 15 FEET MM-HMM
SO IT OR APPROXIMATELY CALL APPROXIMATELY FEET FROM EDGE OF THE HOUSE, WHICH EQUATES TO, UM, THAT WAY WE SHOWS DOESN'T NECESSITATE IS THE NORMAL A SIX FOOT WOODEN FENCE WOULDN'T EVEN BE ALLOWED THERE.
'CAUSE THEY HAD TO GET A VARIANCE FOR THE SIX FOOT WOODEN FENCE, WHICH WAS OR JUST AROUND THE POOL.
THAT WAS JUST AROUND THE POOL THAT WAS WITHIN THE FRONT YARD.
AND THE FENCE ORDINANCE CHANGED, UH, PROBABLY, I WAS GONNA SAY FIVE YEARS AGO.
IT'S PROBABLY BEEN 10 OR 12 YEARS.
SO CURRENTLY NO VINYL FENCE IS SUPPOSED TO BE IN THIS AREA AT ALL? NO, IT'S ALL SUPPOSED TO BE WOOD.
SO IT COULD BE A WOOD SIMULATED, UM, VINYL FENCE, WHICH I KNOW THAT THIS BOARD LOOKED AT AREAS
SO THAT, THAT'S THE DILEMMA IS THE FACT THAT IT'S ALREADY THERE.
I MEAN, OTHERWISE WE OBVIOUSLY WOULD HAVE PREFERRED THAT IT NOT LOOK LIKE THIS.
UM, IT'S NOT VERY AESTHETICALLY PLEASING.
UM, AND I THINK THE ONLY WAY REALLY TO, UM, RECTIFY THAT WOULD BE TO HAVE YOU REMOVE IT OR TO, OR TO TRY AND, YOU KNOW, PUT SOME VEGETATION AROUND IT TO HELP IT BLEND.
UM, SO THAT'S THE DISTANCE FROM THE FENCE TO THAT ROAD IS HOW FAR 15 FEET TO CREATE ABOVE 35? IT'S 35.
IT LOOKS SO MUCH DIFFERENT IN THAT PICTURE.
IT'S JUST, SEE, IT LOOKS LIKE IT'S RIGHT THERE AT THE ROAD.
LIKE WHEN YOU'RE LOOKING AT THE PICTURES, DO YOU HAVE THE PHOTOS THAT I SUBMITTED? YEAH, THAT'S THE ONE I WAS LOOKING AT.
AND WHEN YOU'RE COMING DOWN THE COURT AND YOU'RE LOOKING STRAIGHT AT IT ALL, YOU'RE JUST, YOU'RE JUST SEEING A BIG WHITE VINYL FENCE OH, WHEN YOU'RE COMING FROM THE COURT AROUND THAT? YEAH.
SO I MEAN, YOU'RE JUST LOOKING STRAIGHT AT THAT WHITE FENCE WHEN YOU'RE GETTING TO THAT STOP SIGN THERE.
UM, I MEAN I COULD PURCHASE SOME MATURE LANDSCAPING SO THAT WE'RE NOT HAVING TO WAIT SEVERAL YEARS FOR THINGS TO GROW AND, YOU KNOW, HIDE THE FENCE.
UM, I THINK THAT THERE'S SOME REQUIREMENTS WITHIN THE CODE AS FAR AS LANDSCAPING AND STREET TREES.
UM, SO I DON'T REALLY KNOW HOW LIMITED YOU ARE IN THE SELECTION.
SO THE STREET TREES, BECAUSE THEY ALREADY HAVE EXISTING VEGETATION LIKE STANDARDS OR EV OAKS OR MAPLES ALONG THE TREES.
DON'T NECESSARILY APPLY AND THAT'S WHERE SORT OF THE BUFFER STANDARDS KICK IN.
BUT THEY HAVE EXISTING VEGETATION.
THE PROBLEM IN A LOT OF MEDFORD, YOU HAVE A VERY WELL UNDERSTORY THAT MAYBE A FOOT OR TWO FEET HIGH.
AND THEN OUR MATURE FORESTS ARE BASICALLY TELEPHONE POLE THAT YOU DON'T HAVE VEGETATION MM-HMM
FROM ONE FOOT UNTIL YOU GET UP TO 20, 30 OR 40 FEET HIGH.
SO IN AN AREA LIKE THIS, WE WOULD NORMALLY SEE, UM, THINGS LIKE ROT, MOUNTAIN, LAUREL, SOMETIMES AMERICAN HOLLY, AND YOU WOULD WORK WITH THE APPLICANT ON
[01:20:01]
SELECTING THE APPROPRIATE, GIVE THEM SELECTIONS TO TRY TO MAXIMIZE THAT IN THAT CRITICAL EYE.DOES ANYONE ELSE HAVE ANY QUESTIONS OR IT'S UP TO THAT ONE CHAIR.
UM, DO YOU WANNA HAVE A SEAT AND I'LL OPEN IT UP TO THE PUBLIC? UM, MOTION.
IF ANYONE FROM THE PUBLIC IS HERE THAT WOULD LIKE TO SPEAK ON THE APPLICATION, YOU CAN COME UP NOW SEEING NONE.
I CAN'T DO IT LIKE YOU WANNA SAY SOMETHING? I DON'T.
UM, WE'RE SETTING A REALLY BAD PRECEDENT WITH ALL THIS VINYL FENCING OUT THERE.
IF IT'S NOT HIDDEN CORRECTLY, IN MY OPINION, AND THIS IS NOT FOR THE OTHER BOARD MEMBERS, I'M HAVING A HARD TIME WITH A STARK WHITE FENCE GOING DOWN THE ENTIRE SIDE THERE THAT YOU'RE SEEING.
AND YOUR PICTURES ARE A PERFECT EXAMPLE COMING FROM THAT ONE COURT.
YOU SEE THAT BEFORE YOU CAN SEE THE STOP SIGN.
I MEAN, IT'S JUST A GLARING FENCE AND I HAVE A REALLY HARD TIME ALLOWING THAT.
AND THAT'S KIND OF WHY WE HAVE THESE RULES AND I, I DON'T KNOW IF WE CAN HIDE IT ENOUGH.
CAN YOU HIDE IT ENOUGH? AND I DON'T KNOW THAT YOU CAN, YOU CAN'T HIDE IT.
UM, AS MUCH AS I'D LIKE TO, I DON'T WANT TO SET REASONABLE EXPECTATIONS.
TRYING TO GROW VEGETATION WITHIN AN EXISTING FORESTED AREA IS DIFFICULT BECAUSE THE COMPETITION FOR NUTRIENTS AND ROOTS MM-HMM
UM, SO I'D LIKE TO BE ABLE TO WAVE A MAGIC MOM AND SAY, YES, I I CAN WORK HIDE THAT FENCE.
IT WILL, IT'LL STILL BE VISIBLE.
BUT THAT TAKES TO YOUR, YOUR COMMENTS.
UM, I, THERE'S, I'VE DRIVEN BY MULTIPLE OTHER WHITE VINYL FENCES IN TOWN AND SO, UM, I APOLOGIZE BUT I JUST, I JUST THOUGHT THAT IT WOULD BE ALLOWED.
UM, BUT IF THERE IS ANY WAY THAT I COULD COME TO A RESOLUTION WITH, YOU KNOW, I CAN TRY TO GET SOME KIND OF HEDGING LANDSCAPING TO COVER IT, UM, I'VE SEEN SOME FENCES THAT HAVE LIKE, UH, LIKE A V KIND OF THING TRYING TO HIDE IT.
SO YOU KNOW, IF THERE'S ANYTHING THAT I COULD DO TO COME TO A RESOLUTION, I WOULD LOVE TO TRY TO WORK WITH YOU.
UM, I DON'T KNOW THAT I HAVE THE SOLUTION.
DO YOU HAVE A OBJECTION? I DUNNO KNOW, IS THERE, CAN YOU PAINT VINYL? I MEAN WE WERE JUST, WE'RE TALKING ABOUT THAT.
IS THERE AN OPTION TO NO, IT'S ALMOST LIKE A REPLACE IT.
YOU HAVE TO HAVE IT FROM A MANUFACTURER FOR IT TO LAST IT HAVE TO BE PVC AND VINYL ARE VERY, VERY DIFFICULT.
THERE'S ACTUALLY A CHEMICAL STAINING PROCESS THAT YOU CAN DO, BUT IT'S VERY DIFFICULT AND TOXIC.
UM, WE'VE WALKED INTO DOING OTHER PROJECTS, BUT BECAUSE COEFFICIENT EXPANSION JUST WANTS TO OFF OF IT AND THEN YOU END UP WITH SORT OF THIS CHEAT OF PATTERN AND YOU KNOW, THE WHITE RIGHT? YEAH.
I MEAN BASED ON THE PHOTOS AND EVEN THE, YOU KNOW, THE TESTIMONY FROM THE PLANNER THAT, WHICH I AGREE WITH THAT EVEN THE ABILITY TO SOFTEN IT, I DON'T KNOW IS GOING WILL BE A REAL SOFTEN OR THE SOFTEN THAT WE'RE LOOKING FOR.
UM, IT JUST IS SO STARK AND JUST SO NOT, UM, NOT SURE THE REST OF THE ENVIRONMENT.
UM, IS IT JUST ALONG THAT SIDE WHERE IT'S NOT ALLOWED? I THINK THE DISTANCE WAS, WAS THE CONCERN.
[01:25:01]
FOR THIS SHOULD BE 50, WELL, 59.UH, WHERE DOES 59? WHAT, HOW IS IT SUCH A RANDOM NUMBER? WELL, THE HOUSE IS SETBACK 59.810.
SO IT'S MIRRORING THAT SIDE OF THE HOUSE.
THAT SIX FOOT FENCE CAN'T BE PROTRUDING PAST THE HOUSE FRONT.
CONSIDERED INDICATED AS A CORNER THAT HAS TWO.
SO IT NEEDS TO BE EVEN WITH THE HOUSE BASICALLY STRAIGHT BACK.
AND THAT'S WHY THERE WAS A VARIANCE FOR THE PREVIOUS WOODEN FENCES.
BUT WILL THE AND THE POOL AREA EXTEND OUTSIDE A LITTLE BIT OUTSIDE OF WHERE THE HOME IS AS YOU CAN SEE.
AND SO LIKE IN ORDER TO HAVE ENOUGH SPACE TO WALK AROUND THE POOL, YOU NEED TO HAVE IT
AND I DON'T HAVE A CONCERN WITH THAT SO MUCH AS HOW FAR IT IS TO THE ROAD NOW.
I GUESS THE DISTANCE IS JUST MAKING IT SEEM IT'S GOTTA BE THE COLOR OF THE FENCE IS REALLY WHAT'S PROBABLY JUST MAKING IT SO STAND OUT.
I DON'T KNOW WHAT THE SOLUTION TO IT IS, IT'S JUST, IT'S TO ME SOMETHING'S, THERE'S GOTTA BE ANOTHER SOLUTION TO IT.
WHETHER IT NEEDS TO BE REPLACED OR, AND I WOULD SUSPECT JUST FROM HEARING THE, THAT LOOKING FOR A SIX FOOT IN THE APPROXIMATE LOCATION OF THE PRIOR FENCE AND THAT WAS GONNA BE A SORT OF BLUE TONE FENCE.
IF THAT WOULD PROBABLY BE A CLOSER PATH.
I
THE ONLY REASON I SAY THAT IS THE APPLICANT MAY WANT TO GIVE SO CONSIDERATION, BUT THE AMOUNT OF LANDSCAPING 'CAUSE OF THE LENGTH OF THAT FENCE, CAPTAIN MAY WANNA GIVE SOME CONSIDERATION TO MAYBE MODIFYING THE FENCE THAT'S LOCATED WITHIN THAT FRONT YARD AREA.
THAT'S THE SUBJECT OF THE VARIANCE.
WELL TONIGHT, THE ONE THAT'S WITHIN, YOU KNOW, ALONG THE, THE REAR YARDS THAT WAY BY OWN FENCE IS PERMITTED.
BUT THE AREA THEY WERE CHOOSING IN THE FRONT YARD THAT MODIFYING THE HEIGHT AND OR COLOR AND WERE PUSHING IT BACK TO WHERE THE PRIOR FENCE WAS, MAY BE MORE ACCEPTABLE, MORE ACCEPTABLE TO THE BOARD.
BUT IT MAY BE NOT MUCH OF A COST DIFFERENCE THAN VERY ELABORATE EVERGREEN LANDSCAPING TO TRY TO SCREEN A WHITE VINYL FENCE.
SO THAT MAY BE SOMETHING THAT THE AFTER WANTS TO CONSIDER.
UM, IF IT'S GONNA BE AS A SIMILAR COST TO DOING THE LANDSCAPING.
CAN I JUST DO THE LANDSCAPING? YOU'RE NEVER GONNA HIDE THE WHITE FENCE ENOUGH TO HIDE IT.
I MEAN, YOU'RE NEVER GONNA BE ABLE TO HIDE THAT.
THE OTHER ISSUE TOO IS IF YOU PLAN SOMETHING AND THEN IT DIES, WHICH HAPPENS OFTEN AS AS YOU'RE COMPETING FOR EACH OTHER FOR, YOU KNOW, FOR WATER AND EVERYTHING, NUTRIENTS IN THE GROUND.
THAT PART THAT YOU MAY COVER TODAY, THAT YOU MAY SPEND A GOOD AMOUNT OF MONEY ON IN A YEAR THAT MAY DISAPPEAR.
NOW THAT, THAT, THAT'S KIND OF WHY THEY SHY AWAY FROM THE WHITE IN GENERAL.
'CAUSE IT'S NO MATTER WHAT YOU DO, THAT VEGETATION THAT YOU PUT THERE, THAT YOU SPEND THAT MONEY FOR MAY DISAPPEAR, IT MIGHT DIE.
AND THEN THERE'S, YOU KNOW, YOU'RE STUCK NOW REPLANTING AND GOING BACK AND FORTH AND IT'S THEN VISIBLE AGAIN.
UM, I THERE'S OTHER WHITE VINYL FENCES IN TOWN.
ARE, WERE THOSE APPROVED? UM, I'M NOT SURE IF THEY WERE OR NOT, BUT IT DOESN'T MATTER ALSO IS NOT GONNA MAKE A DIFFERENCE TO YOUR YEAH, WE, WE ALSO CAN'T, UM, BASED AN APPROVAL OR DENIAL BASED ON PREVIOUS APPROVALS OR DENIALS.
SO THEY HAVE NOTHING TO DO WITH EACH OTHER AND WE CAN'T CONSIDER THEM AND THEY MAY BE IN CONFORMING LOCATION.
I MEAN, I HAVE A WHITE VINYL OFFENSE AND I IT'S IN CONFORM LOCATION, SO ARE YOU SURE? I HOPE SO.
I MEAN, BUT YEAH, THEY'RE, THEY ARE, UH, AROUND MEDFORD FOR SURE.
ANY OTHER COMMENTS? I DON'T KNOW WHAT THE SOLUTION IS AND I, I, THIS IS SOMETHING THAT WE ARE NOT VERY, VERY GOOD AT, BUT I, I MEAN I HAVE TO MAKE A MOTION TO DENY THE APPLICATION AT THIS POINT.
UM, WHAT WOULD BE MY NEXT, WELL THERE'S A MOTION ON THE TABLE.
SO NOW IS THERE A SECOND? SECOND? IS THAT A SECOND? SO IF YOU VOTE
[01:30:01]
YES IN FAVOR OF THE MOTION, YOU'RE VOTING TO DENY THE APPLICATION IF YOU VOTE NO, YOU'RE VOTING TO APPROVE THE APPLICATION, COULD YOU APPROVE IT BASED ON CONDITIONS? IT'S, IT'S IF YOU WANNA MAKE A MOTION, BUT YOU, UM, MOTION'S ON THE FLOOR, CORRECT? YOU GOT AND A SECOND.WAS THERE A SECOND? UH, YES THERE WAS MR. ZOROS, MR. GEN.
MR. ZORO? AYE VICE CHAIRMAN RICK AYE.
CHAIRWOMAN VO AYE THE APPLICATION IS DENIED.
DEFENSE IS IN NOT, THE BOARD IS DECIDED THAT THE DEFENSE IS IN A NON-CONFORMING LOCATION.
THE RESOLUTION WILL BE PREPARED TO BE MEMORIALIZED AT THE NEXT, UH, NEXT MEETING.
YOU'LL GET A COPY OF THE RESOLUTION, UM, AT THE NEXT MEETING.
UM, I CAN'T GIVE LEGAL ADVICE AS WHAT'S GONNA OCCUR NOW, BUT BECAUSE IT IS IN A NONCONFORMING LOCATION, THAT MEANS IT CANNOT EXIST IN THAT, IN THAT SPOT.
UM, WHAT WOULD BE MY NEXT STEP? THE RESOLUTION WILL BE MEMORIALIZED AT THE NEXT MEETING IN MARCH.
SO THAT WILL BE YOUR NEXT STEP.
WHEN DO I NEED TO GO ATTEND THAT MEETING? NO.
SO SOMEONE WILL CONTACT ME, YOU'LL GET A COPY OF THE RELU RESOLUTION AFTER IT'S BEEN MEMORIALIZED.
WILLIAM ANNS TWO CLUBHOUSE LANE LOCK 27 0 1 0.4 LOT.
SEVEN SEVEN SCENE, BOTH VARIANCE FOR A SIDE YARD.
STEP BACK TO ENCLOSED SCREEN SEARCH.
DO YOU SWEAR OR AFFIRMING TO TELL THE TRUTH AND NOTHING BUT THE TRUTH SO HELP YOU GOD? I DO.
PLEASE STATE YOUR NAME AND SPELL YOUR LAST FOR THE RECORD.
AND YOU ARE THE OWNER OF THE PROPERTY? YES.
HI, UH, TELL ME ABOUT YOUR APPLICATION
UM, SO WE'RE, UM, SEEKING A BULK VARIANCE FOR SIDE YARD SETBACKS TO ENCLOSE AN EXISTING SCREEN PORCH.
UM, THE CURRENT HOUSE AND SCREEN PORCH ARE ON THE SIDE YARD.
THEY'RE ABOUT 16 FEET FROM THE PROPERTY LINE.
THE CURRENT SIDE YARD SETBACK IS 30 FEET.
IT'S, WE'RE NOT, THE EXISTING SCREEN PORCH IS ON A CONCRETE SLAB ALREADY.
SO WE'RE NOT, UM, WE'RE NOT IN, IN INCREASING OUR FOOTPRINT, WE'RE NOT INCREASING OUR LOT COVERAGE.
UM, WE'RE NOT TOUCHING ANY TREES.
IT'S JUST, UH, NEW SIDING, SOME NEW WINDOWS AND A SLIDING GLASS DOOR.
SO YOU'RE COMPLETELY ENCLOSING IT? YEAH.
UM, AND I ASSUME THAT WITH THE SAME, IT'S GOING TO LOOK THE SAME AS THE REMAINING THE, THE REST OF THE HOUSE.
WE'RE ACTUALLY GETTING THE WHOLE HOUSE RECITED, SO WE FIGURED THIS WAS THE RIGHT TIME TO ENCLOSE THE PORCH.
SO IT ALL MATCHES, STANDS OUT A LITTLE BIT RIGHT NOW AS THE PORCH.
UM, IS THERE GOING TO BE ANY, UM, ADDITIONAL LIGHTING PUT ON THE HOUSE? WE MIGHT PUT ONE, UM, ONE LIGHT.
WE ACTUALLY HAVEN'T FIGURED IT OUT, BUT WE MIGHT PUT ONE LIGHT NEXT TO THE SLIDER.
UM, WHICH FACES SORT OF TOWARDS THE ROAD, NOT TOWARDS OUR NEIGHBOR.
WE'LL KEEP THAT AS A, A APPROPRIATE KIND OF LENGTH FOR THAT FOR RESIDENTIAL NEIGHBORHOOD.
UM, SO WOULD YOU BE OKAY WITH, UM, IF IT WERE TO BE APPROVED ADDING, YOU KNOW THAT IT'S A WARM COLOR TEMPERATURE? SURE.
MOTIONS THAT THERE'S ABSOLUTELY.
UM, AND I YOU'RE NOT REMOVING ANY TREES, CORRECT? NOPE.
HAS THIS ALREADY BEEN ENCLOSED? NO.
DOES ANYONE ELSE HAVE ANY QUESTIONS MR. TAYLOR? NO, BUT THIS ONE IS A VERY SIMPLE
JUST BECAUSE THEY'RE IPOS THAT IT'S A AND THAT WAS THE FIRST THING I LOOKED AT WAS, UH, DID THEY ALREADY BUILD THIS MM-HMM
AND, UM, YEAH, SO NO INCREASE IN COVERAGE.
IT'S JUST HIGH VIRTUE OF CLOSING TRUCTURE.
UH, IF YOU WANNA HAVE A SEAT, WE'LL OPEN UP TO THE PUBLIC.
SO THAT PICTURE I'M LOOKING AT, IT'S AI.
I'M AN ARCHITECT, SO I JUST, I I DREW WHAT? YOU BUILT IT
I'M LIKE, THIS LOOKS GOOD TO ME.
MOTION OPEN TO THE PUMP SECOND.
IS THERE ANYONE IN PUBLIC THAT WOULD LIKE TO SPEAK ON THIS APPLICATION? YOU
[01:35:01]
CAN COME UP AND DO SO.I'LL MAKE A MOTION TO APPROVE THE APPLICATION.
CAN WE TAKE FIVE MINUTES? ABSOLUTELY.
CAN WE TAKE FIVE MINUTES? AWESOME.
WE'RE JUST GONNA TAKE A FIVE MINUTE BREAK AND THEN NEXT WILL BE, UM, JOSEPH PIKA.
CAN WE SET UP THAT? YEAH, ABSOLUTELY.
JUST A MOTION TO, UM, FOR, FOR FIVE MINUTE RECESS.
MOTION FOR FIVE MINUTE RECESS.
TURN THE, UH, TURN THE MIC OFF.
[01:44:01]
UH, SO NEXT APPLICATION IS JOSEPH PIKA, 45 WHARTONS ROAD BLOCK 66 0 1 0.1, LOT 35, SEEKING BULK VARIANCE TO EXCEED THE MAXIMUM LOT COVERAGE TO CONSTRUCT A FRONT PORCH WITH WALKWAY, REAR PATIO WITH WALKWAY SHED, FIRE, PIT, HOT TUB, AND DRIVEWAY EXPANSIONS.
AND I'M SUFFERING FROM LARYNGITIS, SO I APOLOGIZE FOR MY VOICE.
I'M GONNA TRY MY BEST AND I HAVE MY WATER.
SO, UH, I APPRECIATE, UH, ANY PATIENCE YOU MIGHT HAVE WITH ME TONIGHT.
SO, CAN YOU HEAR ME OKAY? YES.
I'M THE ATTORNEY FOR THE APPLICANT, JOSEPH PIKA.
I HAVE, UH, MR. PIKA WITH ME AND I'LL HAVE HIM SWORN IN.
I ALSO HAVE STEVE JAPER, WHO IS OUR LANDSCAPE ARCHITECT WITH ME, AND HE WILL ALSO, UM, BE TESTIFYING.
SO, UM, MR. SOLICITOR, IF YOU WANNA SWEAR THEM IN ABSOLUTELY PLEASE RAISE YOUR RIGHT
[01:45:01]
HAND.YOU BOTH SWEAR OR AFFIRM AND TELL TRUTH, NOTHING BUT THE TRUTH, SO HELP YOU GOD.
PLEASE STATE YOUR NAME AND SPELL YOUR LAST, STARTING WITH MR. PIKA.
SO, UM, THE APPLICANT IS JOSEPH PIKA.
HE'S THE OWNER OF 45 HORTON'S ROAD.
THE PROPERTY IS, UM, IN THE RRG D TWO RESERVE GROWTH DISTRICT AND UM, THE PROPERTY IS ABOUT ONE POINT, UH, ONE ACRES.
IT IS UNDERSIZED FOR THE ZONE.
THE ZONE IS A MINIMUM OF 1.25 ACRES AND, UM, THAT IS PART OF THE REASON FOR THE LOT COVERAGE.
IT IS A LITTLE BIT UNDERSIZED AND, AND, UM, UH, THE PREEXISTING NON-CONFORMING CONDITIONS.
THE UNDERSIZED LOT, IT IS SERVICED BY PUBLIC WATER.
IT'S SERVICED BY ONSITE SEPTIC AND IT IS, UM, SURROUNDED BY, UM, SOME WOODED LOTS AND BY A LAKE.
AND, UM, MR. ERNI WILL WALK YOU THROUGH THE SITE CONDITIONS AND, UM, AND THE LANDSCAPING THAT'S GOING TO BE PROPOSED FOR THAT.
UM, SO AT THE TIME WHEN THE APPLICANT PURCHASED THE PROPERTY IN 2004, THERE WAS A WOODEN DECK ON THE PROPERTY THAT IS, UM, SINCE BEEN IN VERY BAD CONDITION AND BEEN REMOVED.
UM, AND AS PART OF THE IMPROVEMENTS OF THE PROPERTY, MR. PIKA IS, UH, PROPOSING TO, UM, AS THE, UM, CHAIRPERSON, UH, SAID IN THE BEGINNING, UM, A RAISED COVER DECK, UH, IN THE CORNER OF THE HOME ON THE REAR, A HARDSCAPE PATIO INCLUDING A HOT TUB AND SOME OTHER FEATURES AND A SHED.
UM, AND ALSO A RAMP, UM, IN THE FRONT OF THE HOME TO ACCOMMODATE A WHEELCHAIR.
AND YOU'LL HEAR SOME TESTIMONY FROM MR. PEKA ABOUT, UH, UH, WHY A WHEELCHAIR RAMP IS NEEDED SHORTLY.
UM, AND IN ADDITION, EXPANDING THE DRIVEWAY TO ACCOMMODATE A WHEELCHAIR VAN.
AND, UM, WE, WE MIGHT AS WELL JUST BRING UP MR. PIKA TO TALK ABOUT THAT, UM, IF WE CAN.
SO YOU'LL GO AHEAD AND COME TO BY THE BOOK.
SO MR. PIKA, CAN YOU, UM, JUST BRIEFLY TELL THE BOARD, UM, ABOUT THE REASONS WHY YOU ARE, UM, RENEWING THE OLD DECK IS, IS ROTTED AND, AND NEEDED REPLACEMENT, IS THAT RIGHT? YES.
AND YOU'RE PROPOSING, UM, THESE IMPROVEMENTS WHICH ARE GOING TO PUT YOUR LOCK COVERAGE TO A PROPOSED 23.18%, RIGHT? YES.
UM, AND THE MAXIMUM IN THE, IN THE, UH, DISTRICT IS 20%.
SO TELL THE BOARD A LITTLE BIT ABOUT WHY YOU'RE, YOU'RE PUTTING IN THE ELEVATOR AND THE FRONT, UH, WHEELCHAIR RAMP AND EXPANDING THE DRIVING.
I HAVE NEPHEW THAT, UH, WHEN HE WAS 19 YEARS OLD, OVER INTO A POOL, BROKE HIS NECK.
I HAVE SPENT EVERY CHRISTMAS HIM WITH HIM HIS WHOLE LIFE AND HE COMES AND VISITS ME REGULARLY AND, UM, NOW TO GET INTO THE HOUSE, WE HAVE TO PUT RAMPS UP.
SO I WANT TO PUT SOMETHING PERMANENT.
AND SO HE COMES AND COME INTO THE HOUSE.
HE ALSO DRIVES THE VAN HIMSELF AND IT'S A VERY BIG VEHICLE, SO I GET MORE SPACE FOR HIM.
HE DRIVES IT A LITTLE MORE SPACE SO THAT HE WOULD BE MORE COMFORTABLE IN THAT AREA WHERE HE WOULD PARK THE VEHICLE TO USE THAT FACILITY.
AND, UM, ADDITIONAL, YOU'RE PUTTING IN AN ELEVATOR IN YOUR HOME TO ACCOMMODATE AS WELL, IS THAT RIGHT? YEAH, AND THAT'LL GO TO ALL THE FLOORS, BASEMENT, MAIN FLOOR CENTER.
AND THAT'S PART OF, UM, PART OF THE IMPROVEMENTS THAT YOU'RE, YOU'RE PROPOSING? YES.
UM, AND THEN IN ADDITION TO THE LARGER SIZE WHEELCHAIR ACCESSIBLE THEN, UM, THE PROPOSED DRIVEWAY IS, UM, AS IT IS NOW, YOU HAVE SOME DIFFICULTY WHEN YOU BACK HALF IN YOUR GARAGE ONTO THE DRIVEWAY.
CAN YOU TALK ABOUT THAT A LITTLE BIT? YEAH.
BACK NOW I'M ONTO WHERE THE, UH, THE GRASS, UH, THERE'S ACTUALLY SOME WOOD CHIPS THERE.
I GOTTA BACK UP DOOR ONTO THE WOOD CHIPS THROUGH, MAKE IT OUT.
AND THIS IS WHEN YOU'RE COMING OUT OF YOUR GARAGE? YEAH.
SO WHEN YOU COME OUT OF YOUR GARAGE, YOU BACK UP AND YOU'RE DOING A K TURN TO COME DOWN THE DRIVEWAY? YES.
AND YOU'RE FINDING THAT YOU DON'T HAVE SUFFICIENT ROOM WITH JUST YOUR REGULAR PASSENGER VEHICLES.
AND YOU'RE CONCERNED THAT A, UM, A WHEELCHAIR SIZED VAN WOULD, WOULD NOT HAVE ENOUGH ROOM UNLESS IT WAS EXPANDED? YES.
UM, YOU ARE SURROUNDED BY, UM, YOU HAVE A, A WOODED AREA BEHIND YOUR HOME, CORRECT? YES.
AND THEN WHAT'S NEXT DOOR TO YOU ON EITHER SIDE? I HAVE A NEIGHBOR ON ONE SIDE AND THE OTHER SIDE IS A RETENTION AREA.
OKAY, SO IT'S VACANT FOOTED? YES.
IT'S NOT WOOD, IT'S OPEN RETENTION.
AND, UM, WHERE DOES ACTUALLY WE'LL GET THAT TESTIMONY FROM MR. KARNEY ABOUT DRAINAGE.
UM, THE, UM, I THINK THAT'S ALL THE TESTIMONY WE HAVE WE NEED FROM YOU.
[01:50:01]
EXCUSE ME.SO WE'RE GONNA HAVE MR. KARNEY WALK THE, UM, BOARD THROUGH THE PROPOSED IMPROVEMENTS AND TALK ABOUT DRAINAGE, LANDSCAPING, LIGHTING AND ANYTHING ELSE THE BOARD MIGHT HAVE QUESTIONS ABOUT.
IS THE BOARD FAMILIAR WITH MR. CHIPPER'S, UM, CREDENTIALS? NO.
CAN YOU RECEIVE THESE ANY, JUST BRIEFLY? SURE.
CAN YOU TELL THE BOARD A LITTLE BIT ABOUT YOUR, UM, BACKGROUND AND YOUR CERTIFICATION PLEASE? SURE.
I'M A GRADUATE OF, UH, WEST VIRGINIA UNIVERSITY, UH, PRACTICING LANDSCAPE ARCHITECTURE SINCE 1992.
UH, LICENSED IN THE STATE OF NEW JERSEY, UH, UH, SINCE, UH, 2003, UH, TESTIFIED FOR TON COUNTY, COUNTY, COUNTY ATLANTIC COUNTY.
UH, GLOUCESTER COUNTY, MANY BOARDS.
THE BOARD ACCEPTS RECOMMENDATION.
I RECOMMEND THE BOARD ACCEPT AS CREDENTIALED AS A REGISTERED ARCHITECT.
THAT'S WHAT I WAS LOOKING FOR.
ALRIGHT, WELL THE FIRST THING I'D TO, UM, DIRECTLY THE ATTENTION TO THE BOARD IS, UM, THE LOT THAT YOU SEE OUTLINED IN RED HERE.
AND THESE ARE THE PLANS THAT YOU SUBMITTED WITH, WITH YOUR, UM, LATEST SUBMISSION, CORRECT? I'M SORRY? THESE ARE THE PLANS THAT YOU SUBMITTED WITH THE, UH, FEBRUARY 12TH, 2025 RESPONSE LETTER? YES, SIR.
JUST WANTED TO MAKE SURE YOU HAVE, YOU CONCLUDE RIGHT, DAN? YES, SIR.
I SAID THAT THE BOARD NEEDS TO SEE THEM INDIVIDUALLY, BUT SO, UM, AS YOU CAN SEE FROM THE, UH, AERIAL
UM, THE BASIN THAT, UM, MR. PEOPLE REFER TO, UM, IS LOCATED, HERE'S THE NEIGHBORING LOT OVER HERE WITH THE NEIGHBORING LOT AND THE BASIN IS RIGHT THERE.
UM, THE, UM, FRONT YARD, THE LOOP DRIVER GOES AROUND LIKE THAT.
UH, AND THEN THE GARAGE IS LOCATED ON THAT SIDE.
SO WE HAVE ONE NEIGHBOR ON, UM, ON TO THE RIGHT WITH THE VACANT LOT ON THE RIGHT.
UH, HERE YOU CAN SEE KIND OF PAN OUT WITH THE, UH, THE VERY LARGE OPEN GREEN SPACE OVER HERE, ONE LARGE ROAD AND THEN THE EXTENSIVE LAKE ON THE BACKHAND SIDE.
UM, KIND OF GOING THE PROPOSED, UH, DEVELOPMENT OF THE PROPERTY.
UH, MAINLY, UH, WHAT WE'RE LOOKING TO TRY TO ACCOMPLISH THERE IS A NOTATION.
WE ARE EXPANDING SOME OF THE BUILDING COVERAGE, UH, ON THE PROPERTY.
THERE IS AN EXISTING TERRA THAT, UH, EXPANDS ACROSS THE FRONT OF THE HOUSE.
SO WHAT WE ARE, WE'RE BUMPING OUT THE ENTRANCE, RIGHT? SO WE HAVE A LITTLE BIT MORE OF A COVERED AREA THERE.
SO THAT'S KIND OF THE EXTENSION OF THE BUILDING AREA.
UM, THE, UH, RAMP THAT YOU, UH, HAS BEEN DENOTED IS GONNA BE IN FRONT OF THE GARAGE.
SO THAT'LL COME DOWN RIGHT ADJACENT TO THE, UH, DRIVEWAY.
UH, THE STEPS OFF OF THE TERRACE WILL HAVE FOUR RISERS DOWN FROM THE TERRACE WILL BE A SEQUENCE OF, UH, THREE RISERS AND A LANDING.
UH, AND THEN STEP DOWN TO THE DRIVEWAY.
UH, THE EXPANSION OF THE DRIVEWAY WILL BE OVER ON THIS SIDE, SO WE'RE GONNA HAVE APPROXIMATELY ABOUT THREE FEET, THREE TO FOUR FEET FROM THE PROPERTY LINE TO THE EDGE OF THE CURB.
UM, APPARENTLY THERE'S ABOUT 25 FEET, SO WE'RE EXPANDING BY ABOUT, UH, FOUR FEET TO KIND OF GIVE US ENOUGH ROOM, UH, TO KIND OF BACK OUT OF THAT THREE CAR.
AND THEN ALSO TO GET A, UH, VAN TO PARK IN THERE AND PROPERLY EGRESS OUT THAT, UH, SPACE THERE.
UH, THE DRIVEWAY WILL HAVE CURBING ON IT.
UH, SO PREVENTING THE WATER FROM DRAINING OFF OF THE DRIVEWAY.
SO THE, UH, PENSION IS TO, UM, EXCUSE ME, DRAIN THE, THE WATER TOWARDS THE STREET, UH, TO GET THAT OUT IN THE WAY.
UH, THE BACK FERRIS PATIO, UM, THAT'LL BE AT GRADE.
SO THERE IS A WETLAND BUFFER THAT RUNS ALONG THE, UH, BACK OF THE HOUSE HERE.
SO WE HAVE THE, UH, ELEVATOR LOCATED RIGHT THERE.
UH, THE HOT TUB OVER ON THIS AREA WHILE EGRESS, UH, TO THE LEFT AND RIGHT OF THE SUNROOM.
AND THEN THE, UH, PATIO COMES OUT OVER HERE.
WE ARE GONNA HAVE A EIGHT FOOT BY EIGHT FOOT SHED OFF TO THE RIGHT HAND SIDE OVER HERE.
SO TO ADDRESS SOME OF THE LOCK COVERAGE ISSUES WE ARE ADDRESSING, UM, THE DOWNSPOUTS AND WE ARE DIRECTING THAT, UH, DOWNSPOUTS OVER TO THIS SIDE OF THE YARD AWAY FROM THIS NEIGHBOR.
AND WE'RE JUST GONNA ALLOW THAT WATER TO SURFACE FLOW OVER THE LAWN AREA.
UH, WE ARE MAINTAINING, THESE ARE THE EXISTING TREES, UH, THAT WE SURVEYED AND WE LOCATED THEM.
THERE IS ONE TREE OUT FRONT THAT UNFORTUNATELY WILL BE CASUALTY OF THE, UH, CONSTRUCTION OF THE RAMP.
UH, YOU CAN SEE FROM THE PLAN OVER HERE, THE ONE REMOVAL.
[01:55:01]
AND THEN WE DO HAVE THREE TREES IN THE BACK THAT ARE COMPLETELY DEAD, WHICH ARE DENOTED IN RED.SO THERE IS, UH, I DON'T THINK BRIDGE IS JUST MAKING COMMENT THAT WE ARE REMOVING THE DEAD TREES.
UH, AND THEN WE ARE ALSO GOING THROUGH THE PROPERTY, UH, AND DOING SOME, UM, ROUTINE CARE, PRUNING AND MAINTENANCE OF THE TREES.
UH, EXTENSIVE LANDSCAPING GOING AROUND THE PATIO.
UH, I SHOULDN'T SAY EXTENSIVE, BUT NATURAL LANDSCAPING.
UH, SO WE'RE GONNA HAVE A LITTLE BIT OF BUFFER PLANNING OVER HERE, UH, SOFTENING UP, UH, SOME OF THE, UH, HARD SURFACE OVER HERE.
AND THEN ENCOMPASSING SOME OF THE EXISTING TREES IN A NATURAL LANDSCAPE BED, UTILIZING GROUND COVER.
AND THEN JUST MAINTAINING THE, UH, EXISTING FENCE LINE THE WAY IT IS.
SO REALLY NO FURTHER EXPANSION OF THE FENCE LINE.
UH, THE FENCE WILL MODIFY RIGHT BY THE DRIVEWAY TO KIND OF ACCOMMODATE SOME OF THE EXPANSION.
AND WE'RE ALSO INCLUDING A LITTLE SMALL LITTLE TRASH, UH, FOR HOW, UH, ADJACENT TO THAT, THAT AREA.
UM, I JUST WANNA CONFIRM, EVEN THOUGH WE ARE, UH, I DON'T KNOW IF THE MICROPHONE IS EVEN ON, UM, EVEN THOUGH WE ARE EXPANDING THE BUILDING FOOTPRINT, WE ARE STILL GOING TO BE UNDER THE 10% MAXIMUM, IS THAT CORRECT? UH, THAT IS CORRECT.
UM, CAN YOU JUST TALK A LITTLE BIT ABOUT THE, UH, LIGHTING? THAT'S ONE OF THE COMMENTS FROM OUR PLANNER WAS LIGHTING? ABSOLUTELY.
LIGHTING IS PREDOMINANTLY, UH, WE'RE TRYING TO CREATE A LITTLE BIT OF DIRECTIONAL LIGHTING, UH, ON THE PLAN.
SO, UH, WE WILL HAVE, UH, A LANDING COMING OUTTA THE HOUSE WITH STEPS DOWN.
SO WE HAVE, UH, LIGHTS THAT ARE KIND OF BUILT INTO THE WALL THAT'LL SHINE OUT ACROSS THE TREADS ONLY.
SO THEY'LL HAVE LUS ON 'EM, THEY'LL BE DIRECTED DOWNWARDS.
UH, WE HAVE, UH, LIGHTING ON THESE STEPS, SOME DIRECTIONAL LIGHTING COMING, UH, UP THE WALKWAY.
UH, AND THEN WE HAVE A COUPLE LANDSCAPE ACCESS FEATURES THAT WE'RE JUST DRAWING A LITTLE BIT OF ATTENTION TO, UH, WITH SOME UPLIGHTING AND, UH, SOME MINOR DOWN LIGHTING OVER IN THIS AREA.
WE HAVE SOME STEPS THAT, UH, ARE GONNA LEAD US INTO THE SPA AREA THAT WE'RE ALSO ILLUMINATING.
UH, THOSE AS WELL GIVE THE BOARD AND UNDERSTANDING OF THE DELAY THAT WE'RE PROPOSING.
AND IT'LL ALL BE 2,700 K, WHICH IS, UH, WARM INCANDESCENT.
UH, THE LUMEN OUTPUT ANYWHERE FROM 150 LUMENS TO 250 LUMENS.
UM, POSSIBLY 300 LUMENS, UH, BUT A VERY LOW INTENSE FEET, UH, LIGHT WITH, UH, THE INTENT OF BEING PREDOMINANTLY, UH, DOWNING, NO, NO FLOOD.
UM, AND THEN, UH, MR. PIKA, ACTUALLY, I WANTED TO GET JUST A LITTLE BIT MORE TESTIMONY FROM YOU AND I KNOW THAT YOU'LL ASK YOUR PLANNER TO GO OVER HIS LETTER, BUT JUST TO MAKE HIS JOB A LITTLE BIT EASIER.
YOU AGREE,
AND LEMME JUST SEE WHAT OTHER COMMENTS OVER, UM, OKAY.
I THINK THAT WAS THE ONLY COMMENT THAT REQUIRED, UM, YOUR, YOUR, UH, TESTIMONY, BUT TO THE EXTENT THERE'S ANY OTHER COMMENT OR REQUIREMENTS TO THE PLANNER, YOU WOULD AGREE TO COMPLY WITH THOSE DURING YOUR INSTRUCTION ABSOLUTELY.
OR AS THE CONDITION OF THE APPROVAL? ABSOLUTELY.
UM, I DON'T HAVE ANYTHING FROM MY PROFESSIONAL OR MY APPLICANT.
I'LL, I'LL DO A SUMMARY WHEN YOU'RE ALL FINISHED.
IT WOULD BE LIKE A HALF AN HOUR, 40.
UM, WE DID ISSUE A REPORT DATE JANUARY 29TH, UM, I THAT ONE OF THE VARIANCE SYSTEMS REQUIRES FOR LOCK 20% PERMITTED 21.49% CURRENTLY EXISTS.
AND THAT'S GONNA BE, UM, MR. ATTORNEY INDICATED THAT THE STORM WATER FROM THE DRIVEWAY, THAT AREA WILL BE CURVED AND IT'LL NOT BE DIRECTLY TOWARD THE ADJACENT PROPERTY OR TOWARD THE STREET.
THE ONE RECOMMENDATION WE WOULD HAVE IS HE HAD INDICATED THAT THE DOWN SPOUSE WILL BE, UH, DISCHARGING INTO THAT WESTERN LEFT SIDE PROPERTY LAWN AREA.
UM, AND I WOULD JUST RECOMMEND THAT THAT, UH, PERHAPS BE, UH, REVIEWED WITH THE BOARD ENGINEER AND IF THERE IS ANY NEED FOR EITHER DRY WELL OR SOME OTHER MECHANISM TO MAKE SURE THAT THERE'S NO INCREASE IN OFF THAT, THAT MAY APPROPRIATE.
SO TO CATCH UP TO MAKE SURE WE DON'T HAVE
[02:00:01]
THAT SIDE.AND THAT WOULD, THAT QUESTION, THAT WAS MY DIRECT QUESTION TO YOU ABOUT THE RUNOFF.
IS THERE ENOUGH GRASS AREA TO HANDLE THE WATER FLOW FOR THE ENTIRE HOME? THAT ON THAT SIDE? SO THERE, THERE COULD BE, UM, THE WATER IS ALREADY GOING THERE NOW, BUT THEY ARE ADDING, YOU KNOW, UP TO 1% OF VOTING COVERAGE AND, AND THERE IS, UH, THE RB COVERAGE AS WELL.
SO THAT'S SOMETHING THAT IT, IT'S ENOUGH OF AN INCREASE THAT I THINK BETWEEN A COMBINATION OF WHETHER FIRMING AND OR A SMALL RAIN GUARD OR DRY WELL OR SOME OTHER MEASURE, THERE ARE WAYS FOR THAT TO BE ACCOMMODATED TO MAKE SURE THAT THE OKAY, UH, STORMWATER RUN OFF ON THE ADJACENT PROPERTY IS NOT RESULT.
ANY OTHER COMMENTS?
YEAH, FOR THE RAMP'S, NOT AT THE FRONT DOOR.
WHERE'S THE RAMP OUT ON THAT PICTURE? ROUGHLY RIGHT HERE.
YOU ENTER THE RAMP HERE AND IT GOES INTO THE FRONT AND IT GOES, IT STILL GOES IN THE FRONT.
SO THE, THE PLAN WOULD BE FOR THE VAN TO, TO PARK ON THAT SIDE, HE WOULD ACCESS THE RAMP AND THEN HAVE THE ABILITY TO K TURN OUT? CORRECT.
WHAT'S THE DISTANCE THAT WE'RE INCREASING IT ON THIS SIDE? I BELIEVE IT'S THREE FEET.
IT'S, AND IT'S CURRENTLY GRASS, IT'S CURRENTLY GRAVEL NAIL, IS THAT CORRECT OR WHAT IS, IS IT GRASS? IT'S SAND AND WOOD RIGHT NOW.
SAND OFF THE EDGE OF THE DRIVEWAY, YOU KNOW, SO IT'S, UH, YOU KNOW, RIGHT NOW THE ASPHALT KIND OF ENDS.
IT, IT'S TRYING TO GET AT, YOU KNOW, MANEUVER THAT DRIVEWAY, 25 FOOT OFF THE BACK SIDE OF THE GARAGE DOOR.
IT'S A TIGHT K TURN OUT OF THE GARAGE.
UM, SO, UM, YOU KNOW, WE'RE BUMPING THAT OVER.
BUT RIGHT NOW TO THE RIGHT SIDE OF, BETWEEN THE CURRENT ASPHALT AND THE PROPERTY LINE, YOU HAVE A MIXTURE OF WOOD CHIPS AND UH, SAND.
I THINK THAT, YOU KNOW, INSTALLING THE CURB, EXPANDING THE DRIVEWAY CONTROL IN THAT SITUATION WOULD BE A BENEFICIAL, UH, SITUATION FOR THE PROPERTY.
ARE THERE ANY PLANTINGS IN THAT NARROW STRIP? STEVE? UH, WE WERE JUST, UH, PROPOSING, UM, GRASS AT THIS POINT IN TIME.
UH, THE NEIGHBOR HAS A TURF ON THAT SIDE, SO WE WERE JUST GONNA KIND OF BLEND THAT IN.
UH, WHEN YOU GET BACK TOWARDS THE PROPERTY LINE THERE, WE HAVE, UH, WE DO HAVE PLANTING, UH, ALL THE BEDS WILL BE GROUND COVERED AS WELL, SO THE DEER TOLERANT, UM, PLANT IN COLLECTION SO THAT WE DON'T HAVE AN ISSUE WITH THE DEER COMING IN AFTER US MOWING THAT DOWN.
AND IN REGARDS TO THE DRAINAGE, I MEAN ONE OF THE THINGS THAT, UH, WE COULD DO IN UH, IS TAKE THAT FOUR INCH PIPE, EXPAND THAT INTO AN EIGHT INCH PIPE, PUT THAT INTO, UH, GRAVEL IN A SOCK, WHICH I'LL TALK WITH THE BOARD ENGINEER ABOUT THAT.
UH, SLOW DOWN THE VELOCITY SO THAT WE DON'T HAVE A SUDDEN DISCHARGE ON THAT SIDE AND PERHAPS PUT IN A SMALL DRYWALL TO CONTROL THAT OVERFLOW.
JUST ONE OTHER POINT OF CLARIFICATION.
THERE IS WEAPONS BUFFER ON THE REAR OF THE SITE, BUT ALL OF YOUR STRUCTURES ARE OUTSIDE OF THAT BUFFER TRANSMISSION AREA, CORRECT? THAT IS CORRECT, YES.
THAT BACK LEFT CORNER, IT LOOKS LIKE, IS IT JUST A GARDEN THAT'S IN THAT BUFFER? IT LOOKS LIKE THAT IT IS NOW WHERE THE WETLANDS BUFFER IS, I MEAN THE BUFFER, RIGHT? THE WETLAND BUFFER RIGHT THERE, RIGHT ACROSS HERE.
SO IS THAT A GARDEN ON THE LEFT FURTHEST CORNER? RIGHT TO THE BUFFER LINE RIGHT THERE? IT'S AN EXISTING LANDSCAPE BED THAT WE'RE, UM, RIGHT NOW IT'S VOID, IT'S A BED THERE.
SO LIKE SUPPOSEDLY PUT IN SOME NATIVE PLANTS AND SOME GROUND COVER JUST TO STABILIZE THAT AREA.
THE FENCE IS EXISTING? MM-HMM
BUT IT'S JUST GARDEN AT THE GET RIGHT AT THE UH, BACK OF IT, CORRECT? THIS AREA? YES.
I CAN'T REALLY SHOW YOU WHERE IT'S AT.
YEAH, THAT'S ALL THIS BUFFER, THAT'S JUST GARDENS.
YEAH, WE WERE VERY CAREFUL TO KEEP IT WITHIN, YOU KNOW, NOT IN THE BUFFER.
NO ONE WANTS TO GO TO THE DVP FOR THIS.
EVERYBODY WANTS TO VISIT THAT.
UM, HOW ABOUT I OPEN IT UP TO THE PUBLIC AND THEN YOU CAN COME BACK? OKAY.
UM, MAKE A MOTION TO OPEN TO THE PUBLIC SECOND.
THERE'S ANYONE FROM THE PUBLIC WHO WOULD LIKE TO COME UP AND SPEAK ON THIS APPLICATION.
BEING NONE IN THE MOTION THAT QUICK.
[02:05:01]
WOW.REALLY, IF SOMEBODY HAD SOMETHING TO SAY, THEY JUMP UP, THEY WOULD'VE JUMPED UP.
SO WE'LL JUST DO A QUICK SUMMARY AGAIN.
WE'RE HERE FOR A BULK VARIANCE FOR LOT COVERAGE.
WE'RE ASKING FOR A VARIANCE TO GET A LOT COVERAGE OF 23.18%.
UM, AND WE WOULD PROPOSE THIS IS UNDER THE FLEXIBLE C VARIANCE UNDER NISA 40 55 D DASH 70 C TWO.
AND UNDER THAT VARIANCE, THE VARIANCE CAN BE GRANTED IF THE PROPOSED RELIEF ADVANCES THE PURPOSES OF MUNICIPAL LAND USE LAW AND THE BENEFITS OF GRANTING THE VARIANCE SUBSTANTIALLY OUTWEIGH ANY DETRIMENT.
AND WE WOULD, UH, ARGUE THAT THE, UM, THIS, UH, BULK VARIANCE DOES INDEED, UM, ADVANCE THE PURPOSE OF THE MUNICIPAL LAND USE LAW, SPECIFICALLY PURPOSE E AND THAT IT PROMOTES THE ESTABLISHMENT AND ITS APPROPRIATE DENSITIES TO CONTRIBUTE TO THE WELLBEING OF PERSONS AND OF I WHICH PROMOTES A DESIRABLE VISUAL ENVIRONMENT.
UM, I MIGHT BE BIASED, BUT I DO THINK THE LANDSCAPING AND THE HARDSCAPING IS VERY BEAUTIFUL AND THE DECK WAS, UM, ROTTING.
SO THIS IS GOING TO BE A, UM, AN IMPROVEMENT OVER WHAT WAS THERE.
AND IT'S ALSO GOING TO, UH, IMPROVE THE WELLBEING AND THE OF, UM, THE RESIDENT AND HIS FAMILY.
UM, I, UH, BELIEVE THAT WE, UH, THERE IS NO DETRIMENTAL IMPACT ON MEDFORD ZONING SCHEME TO ALLOW THIS.
AND, UM, THERE'S NO, UM, JUDGMENT TO THE ZONING OR TO THE NEIGHBORS THAT THEY HAVE TAKEN CARE TO HAVE SUFFICIENT GREEN, UM, LAWN AND PLANTINGS TO SOAK UP ANY WATER AND ALSO TO DIRECT ANY RUNOFF APPROPRIATELY.
AND, UM, WE ARE HAPPY TO TAKE MR. TAYLOR'S, UM, SUGGESTIONS AND WORK WITH THE ENGINEER FOR ANY KIND OF, UM, YOU KNOW, PIPE OR, UH, A DRY WELL IF THAT'S NEEDED, ALONG WITH THE CURBING TO MAKE SURE THAT ANY RUNOFF STAYS ON THE PROPERTY AND DOES NOT AFFECT THE NEIGHBORING AREAS.
UM, SO FOR THAT WE WOULD ASK THAT, UM, THE AGRARIAN BE GRANTED.
ANY LAST COMMENT? I HAVE NO ADDITIONAL COMMENTS.
I MAKE A MOTION THAT WE, UH, GRANT THE, UH, APPROVE THE VARIANCE, UH, WITH THE STIPULATIONS THAT WE HAVE IN REGARDS TO THE STORM WATER RUNOFF OR GUTTER RUNOFF, WHATEVER YOU WANT TO CALL IT.
BUT IF A DRY WELL IS NEEDED, I CAN LET HIM MAKE THAT DECISION AT THAT POINT.
BUT, UH, I WOULD MAKE A MOTION THAT WE APPROVE IT WITH THOSE CONDITIONS.
UM, SO, UM, REGARDING ONCE WE GET THROUGH, UM, COUNCIL ENGINEER WITH THE, UH, ENGINEERING, UM, AND UH, GET BEYOND THAT, CAN WE MOVE ON TO THE PERMIT PHASE? IS THAT SOMETHING THAT, UH, WOULD COUNCIL OUT? WE HAVE TO WAIT.
OH, DO YOU HAVE TO WAIT AFTER YEAH.
YOU GONNA FILE AN AT RISK? YEAH, FOR OKAY.
PROVIDE, SO YOU'RE GONNA HAVE TO WITH CHRIS PROVIDE.
ALEX MC KO 13 WHITE PINE DRIVE BLOCK 27 0 9, LOT NINE SEEKING BULK VARIANCE FOR A SIDE YARD SETBACK TO CONSTRUCT A SEVEN STORY ADDITION.
I'M SO SORRY IF I PUSH IT ALL AHEAD.
DO YOU SWEAR OR AFFIRM AND TELL THE TRUTH AND NOTHING ABOUT THE TRUTH, SO HELP YOU GOD? I DO.
PLEASE STATE YOUR NAME AND SPELL YOUR LAST FOR THE RECORD.
ALEX, YOU, UH, MCG YOU ARE SO CLOSE, SO BAD.
AND YOU'RE THE OWNER OF THE PROPERTY.
UH, SO ME AND MY WIFE JILL, WE BOUGHT THE PROPERTY IN 2018.
UH, WE ABSOLUTELY LOVE THE, THE TOWN AND THE COMMUNITY OF THE, THE NEIGHBORHOOD.
SO OUR GOAL IS TO ADD A COUPLE MORE BEDROOMS. UH, WE ALSO HAVE A GROWING FAMILY, UH, SO WE'RE LOOKING TO, TO ADD A PLAYROOM.
UH, THE EASIEST WAY TO DO THAT IS TO BUILD ON TOP OF OUR EXISTING, UH, GARAGE.
UM, SO OUR PLAN IS TO ESSENTIALLY BUILD ON TOP OF THE, UH, THE TWO CAR GARAGE THAT WE HAVE RIGHT NOW.
NOW BEHIND THE SECOND BAY, THERE'S KIND OF A NEGATIVE SPACE, UH, FROM THE, THE LIVING ROOM AND THE, THE BACK OF THE, UH, GARAGE.
[02:10:01]
REQUEST IS TO EXPAND THE FOOTPRINT TO FILL THAT, UH, NEGATIVE GAP AND THEN JUST BUILD UP.WE'RE NOT, UH, GOING ANYWHERE PAST THE EXISTING LINE OF THE GARAGE.
UH, JUST GOING THROUGH THAT'S WHERE THE AIR CONDITIONING UNIT IS YOU'RE TALKING ABOUT RIGHT NOW, RIGHT? CORRECT, YES.
MAKING SURE BECAUSE IT LOOKS LIKE WE'RE A STEP BACK AND THEN MAYBE ANOTHER ONE.
UM, JUST TRYING TO GO THROUGH, ARE YOU REMOVING ANY TREES? NO.
ARE YOU ADDING ANY LIGHTING? UH, NO LIGHTING.
YOU'RE NOT ADDING ANY LIGHTING TO THE UM,
UH, AM I MISSING SOMETHING, MR. TAYLOR OBVI? OTHERWISE I DON'T SEE ANY OTHER, UM, I'M ASSUMING THAT OBVIOUSLY THE WHATEVER YOU BUILD ON IS GOING TO LOOK THE SAME AS YOUR EXISTING YEP.
HOUSE, UH, THE PLAN IS JUST WHITE VINYL SIDE.
UH, SO WE'RE REDOING WALL REDOING SIDING.
RIGHT NOW IT'S KIND OF A UGLY, LIKE THE LAST GUY SAID, DO THIS BEFORE YOU PUT THE SIDING ON.
SO THERE ARE JUST NOW CHAIR TWO COMMENTS IN OUR REPORT.
UH, ONE IS, SO IT IS THE SECOND STORY ON THE WHOLE SORT OF RIGHT SIDE OF THE HOUSE IF YOU'RE LOOKING AT THE PLAN MM-HMM
AND THEN THERE'S THE 10 BY 15 SORT OF SQUARING OFF.
UH, BOTH OF THOSE REQUIRE, UH, VARIANCE RELIEF JUST BY VIRTUE OF THE EXISTING FRONT.
AND ARE SETBACKS ARE BOTH NON, SO BOTH TWO STORIES, EXPERIENCES.
UH, THE ONLY COMMENT WE HAD IN OUR REPORT WE KNEW IS THAT THE PRIOR, UH, THERE WAS A PRIOR RESOLUTION OF APPROVAL OF THIS BOARD THAT PERMITTED A SHED TO BE UP TO 240 SQUARE FEET WITHIN APPROXIMATELY ONE FOOT OF THE SIDE YARD.
THE SURVEY SHOWS THAT TO BE A 2 56 SQUARE FOOT SHED.
SO THE APPLICANT SHOULD EITHER, THE BOARD MAY WANT TO CONSIDER, UM, ACKNOWLEDGING THAT, ASKING IF THE APPLICANT INTENDS TO RECONSTRUCT THAT.
UM, IS THAT A GOOD CONDITION OR IS THAT SHED, UH, SOON TO BE REPLACED? UH, THE GOAL IS IN THE NEXT PROBABLY 18 MONTHS TO, UH, REPLACE IT.
SO IT, IT WAS EXISTING IN THE LOCATION WE GOT PROPERTY.
UM, IT IS STARTING TO DISINTEGRATE IT A LITTLE BIT.
SO OUR GOAL IS TO, UM, TAKE IT OUT AT SOME POINT IN, IN THE FUTURE.
UM, AND WE CAN DO THAT, MAKE SURE IT'S
SO, I MEAN, WOULD YOU BE REDUCING THE SIZE TO THE NORMAL SIZE THAT'S ACCEPTABLE NOW OR WOULD YOU NEED A VARIANCE TO CONTINUE WITH THE SIZE THAT YOU HAVE EXISTING? UH, WE, WE'D BE COMPLETELY HAPPY TO MATCH WITH WHATEVER'S REQUIRED.
I MEAN, IT'S JUST ANOTHER COUPLE WORDS IN THE MOTION.
UM, AND IT WOULD PROBABLY BE NICER FOR US IF IT WAS SMALLER.
JUST FROM A CLARITY STANDPOINT, THE APPLICANT, YOU MAY WANT TO, AT LEAST THE BOARD ACKNOWLEDGE THAT THAT SHED EXISTS.
IT IS NOT, NOT CONFORMING, BUT THE APPLICANT WITHIN THREE YEARS AND 10.
SO SOME PERIOD OF TIME TO REMOVE THAT? UM, TO REMOVE IT AND REPLACE IT.
REPLACE, WELL IT WOULD BE CONFORMING IF IT WAS LESS THAN SQUARE FOOTAGE.
'CAUSE THE SIDE SETBACK IS ALREADY APPROVED.
THE SIDE SETBACK WAS APPROVED ALREADY BASED ON THAT APPLICATION.
BUT THE APPLICANT SAYING THAT WHEN THEY TEAR THAT DOWN, WE GO IN BILL A CONFORMING SHED, WHICH IS JUST LESS THAN 240.
WHAT'D YOU SAY? UM, WELL IT WOULD BE 1 68 SQUARE BASED ON, NOT BASED ON THAT LAST APPROVAL.
SO ONCE THAT IS DEMOLISHED THEN IT HAS TO BE A NEW APPROVAL OR A NEW VARIANCE.
THEN THE APPLICANT INDICATED THAT THEY DIDN'T WANT REBUILD TO THAT LARGER VARIANCE SIZE, SO IT WOULD THEN FALL BACK TO WHATEVER THE EXISTING THAT 12 BY 10 RIGHT.
12, WHAT IS IT? ONE SIX I BELIEVE.
UH, NOT IN ITS CURRENT LOCATION.
THERE WAS, AND I DUNNO THAT THAT ALL IN PARTICULARS, WE WEREN'T INVOLVED IN THAT APPLICATION, BUT YEAH, I KNOW.
I'M JUST, I'M TRYING TO SUMMARIZE IT
[02:15:01]
SO YOU'RE NOT BACK HERE AGAIN IN THREE YEARS GOING, PLEASE LET ME PUT IT IN THE SPOT WHERE IT'S AT NOW BECAUSE YOU WON'T BE ABLE TO YEAH.UNLESS IT'S PART OF A, UNDERSTAND WHAT I'M SAYING? YEAH.
DO YOU HAVE ANY OTHER COMMENTS MR. TAYLOR? NO.
UM, IF YOU WANNA HAVE A SEAT, WE'LL OPEN IT UP.
IF THERE'S ANYONE FROM THE PUBLIC WHO'S HERE TO SPEAK ON THIS APPLICATION, YOU CAN COME UP AND DO SO AT THIS TIME.
I DON'T HAVE ANY ADDITIONAL QUESTIONS.
I'D LIKE TO MAKE A MOTION, BUT I'M STILL STUCK ON THE SHED FOR SOME REASON, WHICH IS NOT EVEN PART OF THIS APPLICATION.
I WOULD LIKE SOME CLARITY FOR ENFORCEMENT ISSUES.
AND, AND THE REASON I'M BRINGING THAT UP IS THE SHED WOULD HAVE TO COME DOWN AND BE CONFORMING CURRENTLY OR WE COULD GIVE A GRACE PERIOD OR APPROVE A NEW SHED THAT YOU'RE THINKING OF IN THAT LOCATION, BUT YOU CAN'T PUT IT BACK IN THE SAME LOCATION BECAUSE THE SIDE YARD SETBACKS WOULD HAVE TO BE ANOTHER VARIANCE THAT YOU'RE ASKING FOR NOW, RIGHT? YEAH.
I JUST WANTED TO MAKE SURE YOU WERE ASKING.
'CAUSE IF YOU'RE NOT GONNA PUT 'EM THERE AND YOU PUT IT IN THE MIDDLE OF THE YARD, IT'S NOT A PROBLEM.
BUT IF YOU ARE EVER GONNA PUT A SHED BACK IN THAT SIMILAR LOCATION, ASK NOW OR FOREVER HOLD YOUR PEACE.
YOU KNOW WHAT I'M SAYING? YEAH.
NO, THERE, THERE'S NO PLAN FOR THE FUTURE.
THEY, WE COULD VERY WELL, YOU KNOW, TEAR THE THING OUT AND JUST NOT HAVE, OKAY.
SO WE'LL JUST LET IT GO AND THEN IF IT HAPPENS, IT HAPPENS IN THE FUTURE.
SO, UH, I'M GONNA MAKE A MOTION THAT WE APPROVE, UM, THE CONSTRUCTION OF THE ADDITIONS, UH, WITH THE CONDITIONS THAT YOU HAD TALKED ABOUT AND THAT THE SHED WOULD BE REMOVED WITHIN FOUR YEARS.
THE SHADE BECAUSE IT'S, IT'S A NON-CONFORMING SIZE AS IS.
SO IF WE DON'T RECOGNIZE THAT IT'S A NON-CONFORMING SIZE AND IS TO BE ELIMINATED IMMEDIATELY THEN AND HE COULD, THERE COULD POTENTIALLY BE A NOTICE OF VIOLATION ISSUED BASED OFF OF NONCOMPLIANT WITH THE PRIOR RESOLUTION.
SO WE EITHER HAVE TO ACKNOWLEDGE THAT IT EXISTS AND GIVE A GRACE PERIOD AS A CONDITION OF APPROVAL OR NO GRACE PERIOD.
AND AT WHICH POINT ENFORCEMENT CAN HAVE, UM, HER MARCHING ORDERS HAVE A FIELD WAY WITH IT, HUH? YES.
SO I'LL ADD TO IT A THREE YEAR TIMETABLE IF THAT'S ADEQUATE, UH, AS A GRACE PERIOD TO ACKNOWLEDGE THAT THE SHED IS IN THE CONDITION IT'S IN.
AND YOU CAN DEAL WITH THAT IN THREE YEARS.
APPRECIATE I I JUST HAVE A COMMENT FOR ENFORCEMENT REASONS, TYPICALLY DON'T TAKE THREE YEARS FOR SOMEBODY TO COME INTO A VIOLATION.
SO I JUST WANT YOU TO TAKE THAT INTO CONSIDERATION WITH THE UNDERSTANDING THOUGH, THAT HE BOUGHT THE HOUSE AND IT WAS EXISTING THERE, IT WAS EXISTING IN NON PERFORMANCE.
SO, UM, WHAT IS, I HEAR YOU AN APPROPRIATE TIMEFRAME.
I I WOULD SUGGEST THE APPLICANT OFFER SOMETHING.
WELL, HE HAD SAID 18 MONTHS, RIGHT? IS THAT WHAT YOU HAD INITIALLY SAID? I, I MEAN, 18 WOULD BE PERFECTLY FINE.
SO I THINK, HOW ABOUT, HOW ABOUT THIS? I JUST APPROVE IT THE WAY IT IS RIGHT NOW UNTIL IT'S REMOVED THE APPROVALS? NO, YOU CAN'T DO THAT.
WHY NOT? IT'S, WE CAN JUST MAKE A MOTION AND ADD IT TO OUR MOTION THAT WE'RE APPROVING THE SHED AS IT IS.
AND WHEN THIS IS DILAPIDATED OR GONE, HE'S GOTTA COME BACK AND START OVER AND FOLLOW THE RULES.
SO YOU'D BE, SO WE'D BE MAKING AN MOTION TO APPROVE THE SHED THE WAY IT IS RIGHT NOW.
SO YOU'D BE GRANTING HIM THE SIDE YARD SETBACK, VARIANCE SIDE YARD SETBACK, LOCATION OF THE SHED AND THE SQUARE FOOTAGE OF IT AND THE 256 YOU COULD DO THAT.
AND THEN ONCE UNTIL THIS BUILDING IS NO LONGER PROVIDED THE APPLICANT, WE DON'T WANT HIS APPLICATION IF YOU DON'T WANNA PUT A TIME PERIOD ON IT.
I, I I UNDERSTAND THE ENFORCEMENT OF THE TIME PERIOD.
IT'S HARD TO, BUT I WOULD INCLUDE THAT IN MY MOTION.
WOULD THAT BE ACCEPTABLE? OKAY, SURE.
AS LONG AS THE APPLICANT UNDERSTANDS IT'S WHEN THAT ONE'S GONE, IT'S GONE.
MS. OGA A VICE CHAIRMAN, RICK AYE.
[02:20:01]
MAYOR WAS LAST BUT NOT LEAST.HE'S THROWING ALL SORTS OF RAZZLE GRACE.
OKAY, THE LAST APPLICATION OF THE NIGHT, GARY MERCY, 38 SUNSET TRAIL BLOCK 50 0 4, LOT THREE OH MEETING, SEEKING BOTH VARIANCES FOR OUR REAR YARD SETBACK AND EXCEEDING THE MAXIMUM BUILDING AND LOT COVERAGE COVERAGES TO CONSTRUCT AN 18 BY 12 ADDITION.
ALL RIGHT, PLEASE RAISE YOUR RIGHT HAND.
DO YOU SWEAR OR AFFIRM TELL THE TRUTH AND NOTHING BUT THE TRUTH, SO HELP YOU GOD? YES.
PLEASE STATE YOUR NAME AND SPELL YOUR LAST FOR THE RECORD.
GARY, ARE EITHER OF YOU GONNA BE PROVIDING TESTIMONY JUST IN CASE I WILL.
DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH AND NOTHING BUT THE TRUTH TO HELP YOU? GOD? I DO.
PLEASE STATE YOUR NAME AND SPELL YOUR LAST FOR THE RECORD.
BO PO P-O-U-L-I-P-O-E-U-L-P-O-U-L.
TELL US ABOUT THE APPLICATION.
UH, WE ARE, UH, REQUEST HOLD VARIANCE AT, UH, 38 SUNSET TRAIL.
RELIEF FOR STEP BACK, EXCUSE ME.
AND ALSO FOR LOT AND, UH, BUILDING CODE.
CAN YOU STEP UP TO THE MICROPHONE? YEAH, IT IS WORKING CLOSE UP.
UH, THE RELIEF IS FOR, UH, A SETBACK AND LOT AND BUILDING COVERAGE.
UH, WE ARE, UH, REQUESTING TO CONSTRUCT A PROPOSED ADDITION, UH, SINGLE FLOOR.
IT'S, AND CURRENTLY IT'S A RANCHER.
IT'S AT 22 BY 23 ADDITION OFF THE BACK LEFT SIDE.
UH, THAT PARTICULAR, UH, ADDITION IS FOR A THIRD BEDROOM FOR LIVE-IN, UH, CARETAKER THAT ADD ANYTHING FOR THAT? WELL, THE, THE REASON IS THAT, UH, MY WIFE AND I ARE JUST GETTING A LITTLE BIT OLDER AND, UH, WE LOVE THE HOME AND WE WERE LOOKING AT OPTIONS FOR ANY TYPE OF ASSISTANCE THAT WE MAY NEED.
SO WE LOOKED AT ACTUALLY MOVING AND THE COST FOR DOING THAT ON MONTHLY BASIS, BASIS VERSUS ADDING A THIRD BEDROOM, MAKING AN INVESTMENT INTO THE HOUSE.
SO WE SPARE RESIDENCE AND ALL RATHER THAN GO TO MR FACILITY.
UH, AS FAR AS THE LOCATION OF THE ADDITION, WE LOOKED AT TRYING TO DESIGN SOMETHING OFF THE FRONT, WHICH WOULD NOT IMPACT THE, THE REAR SETBACK, BUT THE WAY THE HOUSE IS DESIGNED, WE WOULD HAVE TO TEAR OUT A BEDROOM OR A BATHROOM CONNECTED TO THE BEDROOM.
UH, WITH THIS, IT CREATES A CLEAR PATH ON THE EXISTING BEDROOM AREA BACK TO THIS, UH, LOCATION.
UH, IT DOES NOT, UH, WE'RE FOLLOWING THE LEFT SIDE.
UH, AND IT, IT DOES NOT IMPACT THE, THE NEIGHBORS TO THE LEFT.
UH, AND IT DOES ENHANCE THE, THE OVERALL PROPERTY ON THE, THE REAR OF THE ELEVATION.
EVERYTHING ELSE IS GLASS TO THE LEFT.
IF YOU'RE LOOKING BACK TOWARDS THE HOUSE FROM THE LAKE, UH, THAT REALLY WAS THE MOST COST EFFECTIVE WAY TO PUT THAT ADDITION IN.
THERE'S ONE THAT'S VERY CLOSE, BUT WE THINK WE CAN WORK AROUND THAT.
UH, THERE'S A, WELL LOCATION IS IN THE FRONT OF THE HOUSE, SO THAT ONE I'M IMPACTED AT ALL.
ANY LIGHTING THAT WILL HAVE WILL BE ON THE LEFT SIDE OF THE ADDITION, UH, WHICH WILL NOT FACE THE NEIGHBORS.
AND THAT IS JUST A, UH, AN OUTSIDE LIGHT THAT'S REQUIRED BY CODE FOR THE EXIT DOOR.
THAT PRETTY MUCH CONCLUDES OUR, OUR TESTIMONY.
DO WE HAVE PLANS FOR THIS? I DIDN'T SEE PLANS AGAIN.
DID YOU, YOU DID SENSE ON WHAT PLAN ELEVATIONS THERE IT IS.
UM, IS THERE A GARAGE, UH, AN EXISTING DETACHED GARAGE? YES.
THAT'S IN THE FRONT OF THE BUILDING OR I'M SORRY, THE FRONT OF THE PROPERTY.
AND, UM, IN OUR PLANNER'S LETTER, THERE WAS CONCERNS AS FAR AS HOW UH, CONSTRUCTION EQUIPMENT IS GOING TO FIT IN THE BACK AND IN, YOU KNOW, NOT INTERRUPT ANY EXISTING TREES OR ANYTHING LIKE THAT.
SO YOU CAN, CAN YOU PROVIDE SOME TESTIMONY? CERTAINLY WE'RE GONNA ACCESS, UH, ALONG THE LEFT SIDE.
[02:25:01]
OKAY.UH, THERE IS SOME STEPPING STONES THERE.
WE'LL HAVE TO REMOVE THEM, BUT NO REAL LANDSCAPING.
UH, WE'RE GONNA USE A SMALL TRACK HOE ONLY, UH, IT'S ABOUT FOUR FEET WIDE.
UH, MR. TAYLOR, DO YOU THINK THAT THE FENCING IS, SHOULD BE REQUIRED? TREE PROTECTION? YEAH, I THINK IT'S GOOD THAT THERE'S ANY CLOSE PROXIMITY.
MR. MERCY INDICATED THERE ISN'T GONNA BE ANY REMOVAL.
WE WOULD SUGGEST THAT THERE GONNA BE CLOSE PROXIMITY THAT THEY TREE, UH, IN THOSE AREAS.
UM, ONE QUESTION I HAVE, UH, GARY, BECAUSE OF THE INCREASE IN AREA, WHERE WILL THE WATER GO? UM, TOWARDS THE REAR OR EITHER SIDE CHANGE TOWARDS THE REAR OR BOTH? CORRECT.
THAT IS NATURALLY CREATED TOWARDS THE LAKE.
AND JUST MUCH LIKE EARLIER APPLICATION.
UM, THE ONLY OTHER QUESTION I HAVE, KNOWING THAT THERE WAS TESTIMONY ABOUT THIS BEING FOR A WITHIN, UH, CARETAKER, UM, THERE'S NO SEPARATE KITCHEN FACILITIES AND THIS WILL NOT BE ITS OWN HOUSEKEEPING UNIT, IT'S JUST A BEDROOM WITH A BATHROOM.
BUT I THINK IT WOULD BE APPROPRIATE THAT HAVE BE IDENTIFIED THAT IT'S NOT A SEPARATE LIVING UNIT, IT'S NOT AN APARTMENT.
IS THAT OKAY FOR THE RESOLUTION? PERFECT.
DOES ANYONE ELSE FROM THE BOARD HAVE ANY COMMENTS, QUESTIONS? I JUST WANTED TO CONFIRM THIS IS PUBLIC SEW.
IF YOU WANNA HAVE A SEAT AND I'LL OPEN IT UP TO THE PUBLIC.
YOU MAKE A SOMEONE MAKE A MOTION.
IF THERE'S ANYONE FROM PUBLIC THAT WOULD LIKE TO COME UP AND SPEAK ON THIS APPLICATION, SEEING NONE.
I'LL MAKE A MOTION THAT WE CAN, UH, ACCEPT THE APPLICATION OR MAKE THE, NOW YOU GOT ME SAYING IT.
I'LL MAKE A MOTION THAT WE, UH, ACCEPT THE APPLICATION.
SO, UH, IS THERE ANY NEED FOR EXECUTIVE SESSION? NO, MA'AM.
CAN I HAVE A MOTION TO ADJOURN? I'LL MAKE A MOTION TO ADJOURN THE MEETING.