[* A portion of this meeting is without audio *]
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[8.Applications]
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WE ARE ALSO WELL BELOW THE MAXIMUM LOT COVERAGE PERMITTED UNDER THE ZONING REGULATIONS OF MEDFORD FOR A PROPERTY OF OUR SIZE.BECAUSE OF WETLANDS, WETLANDS AND OTHER RESTRICTIONS ON OUR LOT.
THERE IS NO PRACTICAL LOCATION FOR THE CABANA WITHOUT REMOVING UNLESS WE WANTED TO REMOVE ADDITIONAL TREES, WHICH IS WHY WHAT WE'RE TRYING TO AVOID, ASHLEY AND I HAD MADE EVERY EFFORT TO BE RESPONSIBLE STEWARDS OF OUR PROPERTY BY PLANTING MORE THAN 80 TREES AND MAINTAINING PRIVACY FOR BOTH OUR FAMILY AND OUR NEIGHBORS.
FOR THESE REASONS, WE RESPECTFULLY REQUEST OUR, YOUR APPROVAL SO WE CAN COMPLETE THE VISION THAT WE HAVE WORKED TOWARD FOR OUR FOREVER HOME.
THANK YOU FOR YOUR CONSIDERATION.
BEFORE WE GO ON, IS THERE A PROBLEM WITH THE VIDEO? THE SOUND? YEAH, I WAS JUST CHECKING THE SOUND.
UM, YEAH, I WAS NOTIFIED THAT IT WAS THE SOUND.
SO I GUESS I, I JUST NEED, AND MS. TAYLOR, I GUESS YOU COULD HELP WITH THIS.
I JUST NEED MORE OF A CONTEXT OF THE INITIAL PART OF THE, THE TESTIMONY ABOUT THE EXPANSION OF THE PATIO AND I GUESS THE POOL NOT BEING PLACED IN THE ORIGINAL AREA THAT IT WAS SUPPOSED TO BE.
IS THAT, UM, WHAT HAPPENED? SO WHEN YOU COMPARE THE TWO PLANS, I, I ACTUALLY HAVE THE PERMIT PLAN, I HAVE TO RETURN IT TO ANNE FOR HER FILE.
UM, IT'S THE PIECE THAT YOU HAVE IN YOUR, UM, APPLICATION IN, IN THE C TWO.
SO THERE'S A SMALL IMAGE OF THE POOL WITH THE SURROUND.
UM, AND THAT'S WHERE THE POOL WAS LOCATED.
HOWEVER, UM, AND THERE WAS A, UH, A 50.2 FEET SETBACK SHOWN TO THE POOL DECK.
SO CLEARLY, UM, SOMEONE KNEW THAT THERE WAS REQUIRED TO BE A 50 FOOT SETBACK.
AND, UM, WHAT ENDED UP HAPPENING IS THAT OVER THE COURSE OF THE CONSTRUCTION, UM, THE POOL DECK WAS EXPANDED AND A POOL CABANA WAS ADDED AT THE REAR YARD.
SO IT'S, UM, A VARIANCE REQUIRED IN THIS PARTICULAR DISTRICT, BECAUSE THE PROPERTIES ARE SO LARGE, TYPICALLY, UM, THERE'S PLENTY OF ROOM FOR THIS SORT OF THING.
THERE ARE SOME WETLANDS AND WETLANDS BUFFERS.
HOWEVER, I THINK IT'S PRETTY CLEAR FROM THE PROPOSED PLAN THAT, UM, IN THE AREA, BASICALLY
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NORTH OF THE, WELL, WITHIN THE BUILDING ENVELOPE, THERE'S SUFFICIENT SPACE TO ADD A POOL, CABANA AND DECKING.SO, UM, AND WITH RESPECT TO THE PLANTS, YOU KNOW, IF THERE ARE TREES REMOVED, PEOPLE ARE SUPPOSED TO GET PERMITS TO DO SO.
UM, AND THEN REPLANT ACCORDING TO THE CODE.
BUT IS THE TESTIMONY THAT WITH THE, THE POOL CABANA, THERE WASN'T ANY REMOVAL OF TREES FOR THE CABANA? NO.
JUST FOR THE EXPANSION OF THE PATIO, CORRECT? NO, NO.
ACTUALLY WE, WHEN WE DID OUR POOL CONSTRUCTION MM-HMM
WE REMOVED, THAT'S WHEN WE REMOVED THAT TREE.
THERE HAS BEEN NO TREES REMOVED EVER SINCE WE PUT THE POOL IN AND WE DID THE POOL CONSTRUCTION.
SO MOVING FORWARD, WE DID NOT REMOVE ANY OTHER TREE.
IT WAS JUST REPLANTING AND WE'VE REPLANTED IT OVER 80 TREES.
UM, AGAIN, LIKE I SAID, THEY WEREN'T, THE POOL IS IN THE LOCATION THAT IS ON THE PLAN, SO THAT DIDN'T, AND LIKE I SAID, I HAD NO IDEA THAT EXPANDING A PATIO INTO THE FI THE SETBACK AT THE TIME THAT IT WOULD IMPACT THAT.
I, I DID, I DID NOT KNOW THAT.
SO WITH ALL DUE RESPECT, MR. EZ, IF I COULD, UH, MADAM CHAIR, THERE ARE TREES SHOWN ON THE ORIGINAL PERMIT.
UM, THEY'RE NOT IDENTIFIED, BUT THERE ARE TREES SHOWN, UH, ON THAT PERMIT PLAN.
THEY'RE BASICALLY UNDER THE, THE GREEN AREA ON THE LEFT HAND SIDE.
AND THE CABANA IS JUST GOING ON TOP OF THE EXISTING PAPER PATIO THAT YOU HAVE.
WHY AM I, THE, THE, I'M LOOKING AT EXHIBIT A IN OUR PACKET AND UH, I ACTUALLY HAVE IT.
I THINK YOU WANT ME TO, TO COME UP FROM HERE TO HERE? IT LOOKS LIKE IT WAS EXPANDED BACK.
FOR SOME REASON IT LOOKS LIKE, SO THERE'S ALREADY A SOMETHING THERE.
SO BASICALLY THIS PART OF THE PAD PATIO WAS IN, WHEN WE DID OUR INITIAL, THIS WAS WHAT WE'RE ADDING FOR THE CABANA, WHICH IS 29 FEET FROM THE PROPERTY LINE INSTEAD OF 50.
I CAN'T REALLY GO OVER HERE BECAUSE WE HAVE TREES PLANTED HERE.
AND HONESTLY FOR MY, WELL, OR NOT MY, IT'S NOT A, WELL, IT WAS MARKED WRONG ON THE PLAN.
THAT'S ACTUALLY THE HOLDING TE THE PUMP STATION FOR THIS TO GO TO MY, FOR MY SEPTIC TO GO OVER.
SO, AND THAT WAS APPROVED BY THE BURLINGTON COUNTY BOARD OF HEALTH, WHICH THEY CAME OUT AND INSPECTED AND THEY APPROVED IT, AND I WAS ABLE TO AT LEAST GET THAT INSTALLED.
SO WHERE THAT FIRE PIT IS, IS WHERE THAT IS? IT'S RIGHT HERE.
NOT THE, WELL IT'S A, A PUMP PUMP HOUSE.
AND IT'S BELOW GROUND AND IT WAS APPROVED BY THE BOARD OF HEALTH AND INSPECTED, AND I ALREADY GOT, I GOT THAT PAPERWORK AS WELL.
THIS IS ONE EXHIBIT A, MAAM, WE HAVE THAT IN OUR PACKET.
SO THERE'S NOTHING NEW THIS POSITION? YES, RIGHT HERE.
AND SO THE PROBLEM IS THAT THIS, THE, THE, THE PROBLEM IS, IS THE SETBACK FROM THIS CORNER TO THAT ORANGE LINE IS 29 FEET.
AND THE WHOLE THING IS, IS IF THIS POOL, THIS CABANA WAS 200 SQUARE FOOT MM-HMM
WE WOULDN'T EVEN BE HERE BECAUSE, BUT IT SAID ADDITIONAL, IT SAID IT SAID 72 SQUARE FEET.
BUT YOU'D STILL BE WITHIN THAT SETBACK.
YEAH, I WOULD LIKE, IF I WAS, IF IT WAS 200, I COULD BE OFF FIVE FEET UP.
THAT PROPERTY, RIGHT? MM-HMM
SO IT'S 72 FEET THAT'S BLOWING THIS UP.
AND YOU'RE SAYING YOU ALREADY STARTED CONSTRUCTING THE CABANA, SO THERE'S NO WAY THAT YOU COULD YEAH, I, BECAUSE I DIDN'T THINK THE PLANS, I THOUGHT, LIKE, AGAIN, I THOUGHT LIKE, BECAUSE IT WAS UNDER A SHED, YOU DON'T EVEN NEED FOOTINGS FOR A SHED.
YOU USUALLY COULD JUST PUT STONE DOWN AND BE DONE WITH IT.
BUT SINCE IT'S MY POOL, I WANT TO ENJOY IT AND DO IT THE RIGHT WAY.
AND SIDE NOTE IS THE BUILDING DEPARTMENT ALREADY APPROVED THE, THE DRAWINGS AND THEY'RE GOOD WITH EVERYTHING I'VE DONE TO DATE.
UM, AND THEY SAID THAT THEY'LL RELEASE THE PERMIT AS LONG AS I GET THIS VARIANCE.
WHICH, THE VARIANCE IS FOR THE SETBACK, RIGHT? CORRECT.
AND THERE WAS NO CHANGE TO THE ZONING PERMIT.
SO THE, THE BUILDING DEPARTMENT WOULD NOT CHECK FOR THAT? NO, THEY WON'T.
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AND PRESUMABLY NO OPPOSITION FROM NEIGHBORS OFF THE BACK OF THE PROPERTY? I MEAN, YES.THAT'S WHAT I WAS GONNA GO LOOK AT AND SEE WHO ELSE.
AND YOU MENTIONED THAT YOU HAVE MS. TAYLOR'S LETTER? YES.
THAT, THAT WE'RE REFERENCING? YES.
I JUST WANT TO MAKE SURE THAT WE'RE, WE'RE GOING THROUGH THAT.
UM, SO WE TALKED ABOUT THE DEVIATIONS.
WE TALKED ABOUT, UH, ACTUALLY I DON'T THINK WE TALKED TOO MUCH ABOUT THE, THE PROPOSED USE OF THE CABANA.
I MEAN, YOU MENTIONED OBVIOUSLY LIKE PRETTY MUCH THE COMMON SENSE OF IT ALL, BUT SO IS THERE GONNA BE A, DID YOU SAY THERE'S A BATHROOM? YEAH.
AND THAT'S THE INTENT TO, SO THE CHILDREN AREN'T RUNNING THROUGH THE HOUSE SOAKING WET, YOU KNOW, GOING TO THE BATHROOM AND STUFF LIKE THAT.
YOU KNOW, IT'S JUST LIKE ANY, NOT JUST CHILDREN, ANYBODY IN GENERAL, YOU KNOW, I DIDN'T WANT TO HAVE TO HAVE PEOPLE RUNNING THROUGH OUR HOUSE WET AND STUFF LIKE THAT.
IS THERE GONNA, IS THERE GONNA BE USE FOR ANY OTHER PURPOSE? LIKE IS THERE A KITCHEN OR? NO, I MEAN, THERE'S A SINK.
JUST BE, YOU KNOW, WE'LL HAVE A SINK AND STUFF LIKE THAT OBVIOUSLY, BUT THERE'S NO, THERE'S NO KITCHEN OR BEDROOM OR ANYTHING LIKE THAT.
IF YOU'RE REFERRING TO, THERE'S NO CLOSETS OR ANYTHING LIKE THAT.
IT'S JUST A OPEN SPACE DUDE, GET OUTTA THE SUN.
MICHELLE, DID I UNDERSTAND THAT CORRECTLY? IF IT WAS LESS SQUARE FOOTAGE, HE COULD GO DOWN TO A FIVE FOOT SETBACK, IF THAT'S CORRECT.
UH, I DON'T HAVE THAT SECTION OF THE CODE WITH ME AT THE MOMENT.
AND BELL TOLD ME THAT THAT WAS TRUE AS WELL.
WHAT WAS THE SQUARE FOOTAGE THAT YOU'D HAVE TO REDUCE IT DOWN TO? DO YOU REMEMBER? I'D HAVE TO REDUCE IT.
THANKS MS. TAYLOR, DID YOU SAY EARLIER THAT YOU FELT THAT THERE WAS AN ALTERNATIVE LOCATION FOR, FOR THIS? I DON'T, YES.
UM, ON THE PLAN THAT YOU'RE LOOKING AT, WHERE IT SAYS, WELL, THAT WE'VE ESTABLISHED AS A PUMP FOR THE POOL MM-HMM
UM, TO THE RIGHT OF THAT, THERE'S A DASH LINE UNDER THE WELL BETWEEN THE HOUSE AND THE POOL AND THE WELL, AND IT, THERE'S A, A LABELED LANDSCAPE TIES.
AND THERE IS ANOTHER DASH LINE THAT IS A, UM, A WETLAND BUFFER
BUT THIS WOULD'VE FIT WITHIN THAT SPACE? IT WOULD FIT IN THAT SPACE, YES.
AND IF IT WAS THERE, NO VARIANCES WOULD BE REQUIRED.
'CAUSE THE SETBACK WOULD BE CORRECT.
AND I CAN CONFIRM THAT, UM, THE SHED WOULD BE PERMITTED THERE, I A SHED.
IS THAT IN ADDITION TO WHAT WE'RE TALKING ABOUT? NO.
SO A SHED LESS THAN 200 SQUARE FEET IS ALLOWED TO BE NEAR, NEAR TO THE PROPERTY LINE THAN LARGER STRUCTURES.
I MEAN, THAT'S ALL I WAS TRYING TO CONVEY IS LIKE, IF I WANTED, IF I WAS TRYING TO BE IGNORANT, I COULD HAVE PUT A, YOU KNOW, YOU COULD PUT SOMETHING RIGHT UP AGAINST THE PROPERTY LINE.
IT'S OBVIOUSLY NOT WHAT WE'RE TRYING TO DO.
YOU KNOW, WE'RE, WE PUT A MASSIVE LANDSCAPE BUFFER IN TO TRY TO REMEDIATE ALL THAT STUFF AS WELL.
I MEAN, THE TREES THAT WE PUT IN, WE PUT 'EM IN, THEY WERE SIX OR SEVEN FOOT CURRENTLY AFTER A YEAR, THEY'RE ALREADY 11 FOOT AND THEY'RE RA ON A, ON A THREE FOOT RAISED BERM AS WELL.
AND AGAIN, LIKE I SAID, I'M OPEN TO PLANTING NATIVE TREES, YOU KNOW.
JUST WANT TO NOTE ONE OTHER PIECE THAT, UM, THE LETTER TOUCHES ON IS A FENCE.
SO DO YOU HAVE A METAL FENCE? YEAH, WE, WE PUT THE FENCE IN, IN THE AREAS OF WHERE WE CLEARED AND WE JUST MAINTAINED IT AS LANDSCAPING.
I DIDN'T KNOW THAT IF YOU DRY SET A FENCE THAT IT COULDN'T BE IN THE BUFFER.
THERE'S BEEN, WE'VE BEEN MAINTAINING THE PROPERTY.
IT HAS REALLY NO BEARING ON THE, ON THE WETLANDS.
AND IN MY RESEARCH DOING IT, THE REASON THAT THEY DON'T LIKE FENCES IN THERE IS WHEN THEY GET A CLOSED FENCE, IT CAN HURT WILDLIFE, WHICH IS THE SPOTTED TURTLE AND THE TREE FROG, THE PINELANDS PINE, BARREN TREE FROG.
AND I CAN TELL YOU THAT MY KIDS CATCH TURTLES AND FROGS IN THE POOL ALL THE TIME.
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IMPACT WITH THAT OR SHOULDN'T BE AN ISSUE.MS. TAYLOR, DO YOU HAVE COMMENTS TO REGARDING THE FENCE? UM, WHAT IS THE CONSTRUCTION OF THE FENCE? IT'S CHAIN LENGTH.
SO THAT MEANS THERE'S A, A CONCRETE FOOTING TYPICALLY.
UM, I I, NOT TO CUT YOU OFF, I DRY SET IT WITH STONE, SO THERE ISN'T, SO TYPICALLY MR. NOLL, UM, WOULD NOT PERMIT A FENCE TO BE PLACED IN THAT AREA WITH A CONCRETE FOOTING.
THAT THAT IS GENERALLY THE, HAS BEEN THE APPROACH THAT IT HAS TO BE A TEMPORARY, NON-PERMANENT CONCRETED STRUCTURE.
AND WHAT WOULD NEED TO HAPPEN IF TO REMEDY THAT ISSUE? IF, IF THE SOUNDS LIKE IT IS, THE APPLICANT DOES NOT WANNA, SOUNDS LIKE IT'S NOT CONCRETE NOW IT'S STONED.
IT'S STONE, IT'S DRY SET AND STONE POINT.
SO, SO THERE'S NO PROBLEM THEN.
I MEAN THE WILDLIFE GETS IN AND OUT, I MEAN.
DO ANY BOARD MEMBERS HAVE ANY COMMENTS OR QUESTIONS? WE'LL OPEN IT UP TO THE PUBLIC.
MS. TAYLOR, DID YOU HAVE ANYTHING ELSE ELSE TO ADD BEFORE WE OPEN IT? I DON'T BELIEVE SO.
I THINK THEY TOUCHED ON EVERYTHING WE TALKED ABOUT.
IF YOU JUST WANNA STEP TO THE SIDE OR SURE.
YOU KNOW, SIT TO THE SIDE AND WE'LL OPEN IT UP.
ADDRESS MY NEEDLE? NO, WELL WE CAN, UH, OKAY.
CAN I HAVE A MOTION TO OPEN IT TO THE PUBLIC? MOTION OPEN TO THE PUBLIC SECOND.
IF THERE'S ANYONE HERE FROM THE PUBLIC WHO WISHES TO SPEAK ON THIS APPLICATION, YOU CAN COME FORWARD NOW TO DO SO.
MADAM CHAIR, I'LL JUST NEED YOUR, YOUR, UH, NAME AND ADDRESS.
MY NAME IS SCOTT TREADWELL, T-R-E-D-W-E-L-L.
AS MUCH AS YOUR ADDRESS, AS YOU'RE WILLING TO PROVIDE 1 0 5 COW PATH HERE IN MEDFORD.
AND MR. TREADWELL, YOU SWEAR THE TESTIMONY YOU GIVE TO THE BOARD WILL BE THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH? I DO.
MADAM CHAIR, MEMBERS OF THE BOARD, I'M REALLY HERE ON BEHALF OF THREE HOMEOWNERS.
THE HOMEOWNER WHO IS MOST AFFECTED BY THIS, I BELIEVE WAS, HAS ALREADY SENT A LETTER TO THE BOARD.
AND I'M NOT SURE IF THE BOARD HAS HAD A CHANCE TO READ THAT LETTER OR IS AWARE OF THE LETTER.
SO IF YOU WANT TO OFFER COMMENT, YOU HAVE TO DO WHAT YOU'RE DOING, WHICH IS TO COME HERE AND TESTIFY.
OKAY? I CAN'T ACT AS AN AGENT OR A REPRESENTATIVE ON BEHALF OF THESE HOMEOWNERS.
I MEAN, WE'LL TRY THAT IS WHAT THE STATUTE SAYS.
COOPERATIVE, BUT YOU KNOW, I MEAN THE, I'M TALKING ABOUT THE LETTER.
BUT THE LETTER IS ON BEHALF OF A HOMEOWNER AND I'M, I'M HERE TO TRY TO EXPLAIN, I'M NOT GONNA ARGUE.
WE DON'T TAKE LETTERS FROM PEOPLE WHO WANT TO WANT TO COMMENT.
IF YOU WANT TO COMMENT, YOU HAVE TO COME HERE AND TESTIFY AND BE SUBJECT TO CROSS-EXAMINATION.
YOU CAN'T CROSS-EXAMINE A LETTER.
THAT'S THE REASON WHY THAT DOESN'T WORK.
SO IF YOU WANNA OFFER TESTIMONY, GO RIGHT AHEAD.
I WOULD LIKE TO OFFER ARGUMENT.
ON BEHALF OF THE THREE PARTIES THAT I'VE JUST MENTIONED, FIRST, MEGAN MANOR AND ADAM MANOR, WHOSE PROPERTY IS IMMEDIATELY BEHIND THE APPLICANT'S.
THEY HAVE WRITTEN TO THE BOARD.
AND ALTHOUGH I'M NOT ALLOWED TO PRESENT EXACTLY WHAT SHE HAS SAID, SHE EXPLAINS THAT THEY HAVE HAD INCONVENIENCE AND NOISE ISSUES ALREADY BECAUSE OF WHAT HAS ALREADY BEEN BUILT.
THEY'RE AFRAID THAT WITH A VARIANCE AND A POOL CABANA, THERE WILL BE EVEN MORE NOISE AND INCONVENIENCE.
MY PROPERTY IS NOT IMMEDIATELY BEHIND THEIRS.
UM, BUT WE HAVE FAIRLY LARGE PROPERTIES AND OURS IS SEPARATED BY TREES.
SO ON BEHALF OF THE MANNERS, UM, I'M GIVING THE BEST TESTIMONY THAT I CAN.
I'LL BEIT HEARSAY IN THAT THERE'S ALREADY A CONCERN.
THEY DID NOT, APPARENTLY THE APPLICANT DID NOT APPROACH ANY OF THE NEIGHBORS BEFORE THIS CONSTRUCTION BEGAN, AND THEREFORE DID NOT HAVE THE PERMISSION OR EVEN THE NOTICE THAT IS NECESSARY.
AND THE REAL REASON FOR THE ZONING LAWS TO BEGIN WITH.
UM, I UNDERSTAND THAT WE FIRST LEARNED ABOUT THIS, AT LEAST I FIRST LEARNED ABOUT THIS POSSIBILITY FROM A CERTIFIED LETTER, UH, I THINK LESS THAN A MONTH AGO.
THE MANNERS MAY HAVE LEARNED ABOUT IT BEFORE THAT, UH, THEY HAD APPARENTLY EXPRESSED CONCERN AND THE APPLICANTS HAVE SAID THEY CAN'T DO ANYTHING ABOUT IT.
THEY'VE ALREADY STARTED THE CONSTRUCTION.
IN ADDITION, THE PROPERTY THAT IS IMMEDIATELY NEXT TO THE MANNERS, WHICH IS OWNED BY DR. KEVIN BERRY AND DR. CAROL HART, HAS SIMILAR PROBLEMS, THE SAME SORTS OF ISSUES.
THEY HEAR THE MUSIC BEING PLAYED DURING PARTIES
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AND THEY HAVE CONCERNS ABOUT WHETHER A CABANA THAT IS DESIGNED TO FACILITATE PARTIES WILL DO NOTHING BUT ENCOURAGE GREATER, UM, INCONVENIENCE AND NUISANCE.UM, THE POINT OF A, OF A ZONING LAW LIKE THIS IS TO PREVENT THIS VERY THING FROM HAPPENING.
SO IF YOU HAVE SOMEONE TOO CLOSE TO THE PROPERTY, THEN THAT'S NOISE INCONVENIENCE.
THESE ARE THE VERY THINGS THAT WILL, AMONG OTHER THINGS, DISTURB THE, THE HABITABILITY OF THESE HOMES.
NOW, IN ADDITION, ANY VARIANCE LIKE THIS DOES AFFECT THE PROPERTY VALUES OF ALL THE SURROUNDING PROPERTIES.
IF THERE ARE BUILDINGS THAT ARE ALREADY ALLOWED IN THAT, THAT VIOLATE THE, THE ZONING BOARD, UH, THE ZONING LAWS AS THEY ARE, ONE VARIANCE LEADS TO ANOTHER, WHICH LEADS TO ANOTHER AND SO ON.
SO FROM OUR PERSPECTIVE AS WELL, WE JUST DON'T WANT TO SEE THAT HAPPEN TO THE PROPERTY.
BOTH OF THE OTHER SETS OF HOMEOWNERS COULD NOT BE HERE TODAY.
SO THEY COULD NOT PROVIDE THE TESTIMONY DIRECTLY.
EACH OF THEM HAS GREATER UNDERSTANDING OF THE, OF THE INFORMATION AT ISSUE THAN I DO, BECAUSE AS I SAY, OUR PROPERTY IS THE ONE LEAST AFFECTED BY THIS.
I'M JUST THE LUCKY ONE WHO WAS HERE TODAY AND ABLE TO COME.
IF THE BOARD COULD, WE'D BE HAPPY TO PRESENT THEIR TESTIMONY AT A LATER DATE IF THAT IS DEEMED IMPORTANT BY THE BOARD.
AND IF WE'RE NOT ALLOWED TO, TO EXPLAIN WHAT IS IN THE LETTER, THE RE THE REMAINDER OF THAT LETTER, WE'D BE HAPPY TO PRESENT THEM HERE LIVE AND YOU CAN CROSS EXAMINEE THEM AT WILL.
ANY QUESTIONS THE BOARD WOULD LIKE TO ASK, ASK US.
I ASSUME HE'S NOT PERMITTED TO TO READ THE LETTER.
SO YOU, I JUST WANNA MAKE SURE THAT YOU HAVE SAID WHAT YOU WANTED TO SAY.
'CAUSE I KNOW YOU SPOKE ON BEHALF OF YOUR NEIGHBORS.
I DON'T BELIEVE I HEARD ANYTHING FROM YOU OTHER THAN YOU'RE NOT AS, I'M NOT PARTICULARLY OFFENDED BY ANYTHING THAT HAPPENED ON THE PROPERTY.
THEIR, THEIR PROPERTY IS BLOCKED BY A LINE OF TREES IN EACH DIRECTION.
THE ONLY THING THAT AFFECTS US, I THINK, DIRECTLY PERHAPS IS WHAT IT MAY DO TO THE PROPERTY VALUES IN GENERAL.
UH, WE UNDERSTAND, YOU KNOW, FROM THE, FROM WHAT WE'VE LEARNED, THAT THIS IS A FIVE ACRE PROPERTY AND THAT SURELY THERE IS SOME OTHER ALTERNATIVE WITHIN THAT THAT WOULD NOT BE WITHIN 29 FEET OF THE NEXT CLOSEST NEIGHBOR, WHICH IN THIS AREA AT LEAST IS A REMARKABLE EXCEPTION.
DO YOU BORDER OUR CORNER OF OUR PROPERTY, I THINK TOUCHES THE CORNER OF THEIRS IF WE WERE IN A SQUARE MM-HMM
THERE'S A PROPERTY RIGHT BEHIND US MM-HMM
THE MANOR'S PROPERTY AND OUR PROPERTY.
SO THE DISTANCE BETWEEN YOU AND THEIR PROPERTY IS, UH, WE, WE BORDER RIGHT THERE ON THE CORNER IS RIGHT THERE, BUT THERE'S A LINE OF TREES.
AND I WOULD BE ASKING TO BE UNREASONABLE IF I WERE SUGGESTING THAT THOSE TREES SOMEHOW DON'T PROVIDE ENOUGH PRIVACY.
THEY JUST DON'T FOR THE PROPERTIES NEXT TO US.
WHICH IS HEARSAY, THAT'S WHAT WE'RE HEARING.
BUT IF, IF THAT'S, IF WHAT YOU'RE UPSET ABOUT IS THAT THERE'S HEARSAY AND THAT I CAN'T GET INTO THE SPEAKING, GIVING ANY TESTIMONY AS TO THE MATTER ASSERTED WITHOUT THEM BEING HERE, THEN WE WOULD ASK THE BOARD FOR A CONTINUANCE, ALLOW US TO COME BACK WITH THE TESTIMONY OF THESE INDIVIDUALS WILL BE ACTUALLY HARMED BY THIS.
MR. DRAWS, CAN YOU PROVIDE ANY GUIDANCE ON WHETHER THE BOARD CAN CONSIDER PROPERTY VALUE, UH, CHANGES? THAT'S A PRETTY ROUTINE CONSIDERATION.
THE ARGUMENT COULD BE MADE TO SAY THAT THIS COULD ADVERSELY AFFECT PROPERTY VALUES, IT MIGHT IMPROVE PROPERTY VALUES.
WHO KNOWS? SO IT'S SPECULATIVE IN SOME RESPECT, AND IT'S UP TO YOU TO DECIDE IF YOU THINK IT'S CREDIBLE.
THE ARGUMENT THAT IT WILL ADVERSELY WHAT I'M ASSUMING WHAT YOU'RE HEARING IS THAT IT'S GONNA ADVERSELY AFFECT THE VALUES OF SURROUNDING PROPERTY.
IS ANYONE ELSE FROM THE PUBLIC? SO JUST NEED YOUR NAME AND ADDRESS PLEASE.
UH, WILL CARNEY THREE 12 TON ROAD.
MR. CARNEY, YOU SWEAR THE TESTIMONY YOU GIVE TO THE BOARD WILL BE THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH.
MEMBERS OF THE BOARD, THANK YOU FOR ALLOWING ME THE OPPORTUNITY TO SPEAK IN SUPPORT OF MY NEIGHBOR AND THEIR REQUEST FOR RELIEF ON THE SETBACK REQUIREMENT APPLICABLE TO THE PROPOSED 272 SQUARE FOOT POOL HOUSE.
I WANNA BEGIN BY SAYING THAT, UH, I, SPEAKING AS AN ADJACENT NEIGHBOR WITH
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LINE OF SIGHT, THE PROPOSED STRUCTURE AND IS ONE WHO HAS PERSONALLY EXPERIENCED WHAT KIND NEIGHBORS THEY ARE.UH, THEY HAVE ALWAYS BEEN CONSIDERATE, GENEROUS, RESPECTFUL, AND RESPECTFUL TO THOSE AROUND THEM.
THEY HAVE EVEN KIND ENOUGH TO ALLOW MY CHILDREN TO ENJOY THEIR POOL.
HOWEVER, I'M NOT ASKING THE COUNCIL TO GRANT THIS REQUEST SIMPLY BECAUSE THEY'RE GOOD NEIGHBORS.
I BELIEVE THE CIRCUMSTANCES OF THIS PARTICULAR PROPERTY SUPPORT THE REQUESTED RELIEF ON THEIR OWN MERITS.
FIRST, I UNDERSTAND THE ISSUE BEFORE THE COUNCIL IS NOT SIMPLY THE SIZE OF THE POOL HOUSE.
THE 272 SQUARE FOOT STRUCTURE IS SUBJECT TO A GREATER SETBACK REQUIREMENT.
UH, THEN THAT WILL BE 200 SQUARE FOOT, UH, FOOT STRUCTURE.
AND THE PROPOSED LOCATION DOES NOT MEET THAT LARGER SETBACK.
I RESPECTFULLY ASK THE COUNCIL TO CONSIDER WHETHER THE STRICT APPLICATION OF THAT ADDITIONAL SETBACK IS NECESSARY TO PROTECT THE NEIGHBORING PROPERTIES UNDER THESE CIRCUMSTANCES.
THE POOL HOUSE IS APPROXIMATELY 50 YARDS FROM THE TWO HOMES DIRECTLY BEHIND THE PROPERTY.
THAT IS A SUBSTANTIAL DISTANCE.
AND THE PROPOSED STRUCTURE IS NOT BEING PLACED IMMEDIATELY ADJACENT TO THOSE HOMES.
MORE IMPORTANTLY, THE HOMEOWNER HAS MADE SIGNIFICANT EFFORT TO PROVIDE ADDITIONAL PRIVACY AND SCREENING.
HE'S PLANTED APPROXIMATELY 80 TREES AROUND THE PROPERTY, WHICH WILL CONTINUE TO MATURE, CREATE AN EVEN GREATER NATURAL BUFFER BETWEEN THE PROPERTIES.
WHATEVER CONCERNS MAY EXIST ABOUT THE VISIBILITY FROM THE NEIGHBORING PROPERTIES, THE HOMEOWNER IS TAKING MEANINGFUL STEPS TO ADDRESS THEM.
AND FROM MY OWN VANTAGE POINT, WHICH IS ALSO ABOUT 50 YARDS AWAY, 80 SQUARE FEET IS INCONSEQUENTIAL TO MY VIEW.
SECOND, THE PROPOSED POOL HOUSE DOES NOT INTRODUCE A NEW OR INCOMPATIBLE USE TO THE NEIGHBORHOOD.
IT IS A PRIVATE ACCESSORY STRUCTURE SERVING AS AN EXISTING RESIDENTIAL, SERVING AN EXISTING RESIDENTIAL POOL.
IT'S NOT A SEPARATE RESIDENCE, COMMERCIAL OPERATION OR USE THAT WOULD CREATE ADDITIONAL TRAFFIC OR MATERIAL CHANGE OR MATERIALLY CHANGE THE CHARACTER OF THE PROPERTY.
THE ADDITIONAL 72 SQUARE FEET DOES NOT FUNDAMENTALLY CHANGE HOW THE PROPERTY IS BEING USED.
THE PROPOSED IMPROVEMENT WILL COMPLY WITH ALL APPLICABLE BUILDING REQUIREMENTS.
THOSE IMPROVEMENTS WILL BE REFLECTED APPROPRIATELY IN THE PROPERTY'S ASSESSMENT AND IT'LL SUPPORT TOWNSHIP REVENUE.
AGAIN, I KNOW WE TALKED ABOUT THAT POTENTIALLY BEING SUBJECTIVE, BUT AGAIN, LOOKING AT POTENTIAL IMPROVEMENT, INSTEAD OF LEAVING THE TOWNSHIP WITH AN UNCOMMITTED IMPROVEMENT, IT WILL ENHANCE THE PROPERTY AND THE NEIGHBORHOOD WITHOUT CREATING ADDITIONAL DEMANDS ON TOWNSHIP SERVICES.
I RECOGNIZE THAT THE TOWNSHIP HAS ESTABLISHED REGULATIONS GOVERNING, GOVERNING ACCESSORY STRUCTURES AND I RESPECT THE IMPORTANCE OF THOSE REGULATIONS.
THE QUESTION BEFORE THE COUNCIL, HOWEVER, IS WHETHER GRANTING THIS LIMITED RELIEF FOR THIS PARTICULAR PROPERTY WOULD CREATE A SUBSTANTIAL DETRIMENT TO THE SURROUNDING NEIGHBORHOOD OR UNDERMINE THE PURPOSE OF THOSE REGULATIONS? I RESPECTFULLY BELIEVE THAT THE ANSWER IS NO.
IN THIS CASE, I BELIEVE THE UNDERLYING PURPOSE OF THE SETBACK REGULATION IS BEING MEANINGFULLY ADDRESSED BY THE DISTANCE FROM THE NEIGHBORING HOMES AND THE SIGNIFICANT PRIVACY LANDSCAPING.
FOR THOSE REASONS, I RESPECTFULLY ASK THE COUNCIL TO APPROVE THE REQUEST OF RELIEF SUBJECT TO WHATEVER REASONABLE CONDITIONS OF TOWNSHIP BELIEVES ARE APPROPRIATE.
THANK YOU FOR YOUR TIME CONSIDERATION.
I NEED TO MAKE TWO CLARIFICATIONS, MADAM CHAIR.
UM, BEFORE WE CLOSE THE PUBLIC, UM, THE ONE LINE THAT I REFER TO ON THE NORTH, UH, WEST PART OF THE PLAN, UM, IS A SEPTIC SYSTEM BUFFER.
UM, AND, UM, THE PERMIT PLAN INDICATES THAT THE FENCE HAS TO BE RELOCATED.
SO I WOULDN'T WANT TO, I THINK THAT THAT SHOULD BE RESPECTED BECAUSE THAT'S WHAT THE PERMIT PLAN SAYS TO DO.
UM, AND THAT WAS WHAT WAS APPROVED ON THE PERMIT PLAN.
AND I, I DON'T THINK YOU CAN GIVE A DEVIATION FROM THAT.
SO I THINK THE FENCE NEEDS TO BE RELOCATED.
IT'S A TEMPORARY, IT DOESN'T HAVE A CONCRETE, DOES THAT NOT MATTER? SO IT, IT IS CLEARLY ON THE PERMIT PLAN THAT IT NEEDS TO BE RELOCATED AND IT HAS A LABEL TO THAT EFFECT.
THERE'S THE CONSTRUCTION OF THE FENCE, THE TYPE OF THE FENCE TO ALLOW HABITAT TO MOVE IN.
THEN THERE'S ALSO THE INSTALLATION OF THE FENCE AND ITS PERMANENT NATURE.
SO WHAT MICHELLE, UH, COMMENTED ON EARLIER, WHICH WOULD'VE BEEN A COMMENT FROM THE BOARD ENGINEER, IS THAT THE INSTALLATION, THE, THE TYPE OF INSTALLATION HAS TO BE MORE TEMPORARY IN NATURE AS OPPOSED TO SOMETHING THAT'S SET IN CONCRETE OR STONE.
IS THAT CORRECT? WHICH THEY, WHICH IT IS.
AND AND TYPICALLY THAT IS A WOOD SPLIT RAIL TYPE FENCE, NOT A CHAIN LINK FENCE FOR A POOL.
AND YOU HAVEN'T CLOSED THE PUBLIC YET, SO, RIGHT.
SO THE FENCE IS NOT IN COMPLIANCE WITH THE PERMIT.
THE PERMIT SAID IT NEEDED TO BE RELOCATED.
AND THERE'S NO RELIEF THAT THE BOARD COULD PROVIDE
[00:35:01]
OBJECTION? I DON'T BELIEVE SO.CAN YOU SHOW ME WHERE IT SAYS THAT ON THAT? I THOUGHT IT JUST SAID TO MAINTAIN THE BARRIER PER THE CODE, THE FENCE IS SHOWN OVER HERE AND IT SAYS RELOCATE CHAIN LINK FENCE TO MAINTAIN POOL BARRIER PER CODE.
IT PULLS THE, THE INTENT OF THE FENCE IS TO MAKE SURE YOU DON'T WANT PEOPLE CLIMBING OVER THE FENCE AND YOU HAVE TO HAVE A CERTAIN OR CERTAIN SIZE.
MICHELLE, WHAT ARE YOU REFERRING TO? IT NEEDS TO BE, DON'T WANT INVOLVED IN A CONVERSATION RIGHT.
WITH THE APPLICANT REGARDING A PERMIT.
IT WILL BE UP TO THE ZONING OFFICER TO DETERMINE THE APPROPRIATE LOCATION FOR THAT FENCE.
LET'S GET THROUGH PUBLIC COMMENT.
DOES ANYONE ELSE FROM THE PUBLIC WANTS TO SPEAK? I AM REPRESENTING, MY NAME'S ANDREW TKO.
I'M REPRESENTING DAVE AND SANDY, NO, AT 3 0 2 TUCKERTON.
I HAVE A LETTER FROM THEM, BUT I CAN'T READ IT, SO THAT'S CORRECT.
UM, CAN YOU SPELL YOUR LAST NAME PLEASE? T-E-R-E-F-E-N-K-O-K.
AND YOUR ADDRESS, AGAIN? THE ADDRESS FOR ME OR FOR YOUR ADDRESS? UH, 37 FREAKY HOLLOW DRIVE, TABERNACLE, NEW JERSEY.
MR. TAR FACT, DO YOU SWEAR THE TESTIMONY YOU GIVE TO THE BOARD WILL BE THE TRUTH, THE WHOLE TRUTH AND NOT THE BUT THE TRUTH? YES.
ALRIGHT, SO, UH, I'LL KEEP IT SHORT AND SWEET.
UM, I SPOKE WITH MY AUNT AND UNCLE.
THEIR ONLY CONCERN IS THAT THE PROPERTY, ACTUALLY, THE PROPERTY VALUES GO UP, SO THEY'RE FOR IT.
THEY ARE HAPPY TO, YOU KNOW, APPROVE IT, YOU KNOW, FROM, FROM THEIR STANDPOINT.
SO, AND WHERE THEY LIVE AT? 3 0 2 TUCKERTON.
AND THEY'VE NEVER HEARD ANY MUSIC OR ANYTHING LIKE THAT? OKAY.
THERE'S ONLY ONE MORE DOWN THERE.
MR. CARNEY, WHAT, WHAT WAS YOUR ADDRESS? YOU WERE TUCKERED INTO 3, 3 12.
IS THERE ANYONE ELSE FROM THE PUBLIC? DO I, DO I RESPOND TO ANY OF THAT OR YOU, YOU CAN ONCE WE CLOSE THE PUBLIC COMMENT OF FIRST MAKES POST PUBLIC, DID MR. MR. CARNEY, MR. CARNEY, DID YOU SAY THAT? HAVE, HAVE YOU HEARD THIS NOISE OR THERE A NOISE PROBLEM FOR YOU? NOISE PROBLEMS? MM-HMM
I, I MEAN, I, I HEARD SOME OF THE CONCERN BEFORE.
UM, I DON'T HAVE THOSE SAME CONCERNS.
UM, IF SOMEBODY'S OUT IN THE BACKYARD AND THEY'RE DOING CONSTRUCTION, IT'S A TEMPORARY THING THAT'S GONNA BE THERE.
UM, BUT IN TERMS OF BIG PARTIES, I THINK THAT MAY HAVE, I, NO, NOT FROM WHAT I'VE SEEN.
I MEAN, NOTHING I WOULD SAY THAT'S OUTSIDE WHAT IS TYPICAL IN NORMAL THAT YOU WOULD EXPECT IN ANY MEDFORD TOWN.
ANYONE ELSE FROM THE PUBLIC SEEING NOT A MOTION TO CLOSE? MOTION.
UM, IN RESPONSE TO THE NEIGHBORS SAYING THAT THEY WERE NEVER TOLD, THAT'S COMPLETELY FALSE.
WE HAVE, I HAVE HERE, I DON'T KNOW IF YOU GUYS WANT IT, I HAVE TEXT MESSAGES FROM THREE MONTHS PRIOR TO US EVEN PUTTING THE PERMIT IN.
AND THAT NEIGHBOR THAT THEY'RE TALKING ABOUT, THE MANNERS, SAY IN THE TEXT MESSAGE, TAKE DOWN AS MANY TREES AS YOU CAN BECAUSE WE LOVE THE SUN ON OUR POOL.
SO IF YOU GUYS WANT, AND NO, I MEAN, I DON'T GETTING INTO THE HEARSAY ZONE HERE.
AND I DON'T THINK IT'S, IT'S RELEVANT.
I MEAN, YOU'RE REQUIRED TO BE, I'M JUST, I'M JUST JUST WANTED TO SAY THAT IT'S JUST THAT'S COMPLETELY FALSE.
AS A NEIGHBOR, WE LET THEM KNOW THAT WE WERE, DO WHAT WE WERE DOING.
WE TOLD 'EM THAT THEY WOULD SEE CONSTRUCTION VEHICLES BACK THERE.
UM, SO I, I JUST, I I JUST WANTED TO GET THAT ON THE RECORD SAYING THAT, THAT'S JUST COMPLETELY FALSE.
I DON'T WANT TO GO BACK TO TALKING ABOUT THE FENCE, BUT I JUST WANNA MAKE SURE THAT THERE'S NOTHING THAT WE HAVE TO INCLUDE IN THIS.
WHATEVER WE DO HERE INVOLVING THE FENCE, WE'RE JUST GONNA LET ZONING HANDLE IT.
WHATEVER'S REQUIRED FROM THE DEPARTMENT DEPARTMENT? CORRECT.
[00:40:03]
OKAY.I THINK, UM, IN MS. TAYLOR'S LETTER, SHE, SHE LAYS OUT THE, UM, THE TESTIMONY THAT NEEDS TO BE LAID OUT.
THE ONE OF THE NEIGHBORS DID A GREAT JOB, UH, GOING THROUGH THOSE REASONS, BUT I HAVEN'T REALLY HEARD YOU GO THROUGH THOSE REASONS.
SO IF YOU HAVE THAT LETTER AND YOU NEED THOSE SPECIFIC AREAS OF THE LAW, THAT MIGHT BE HELPFUL FOR YOU TO PRI PROVIDE TESTIMONY.
BUT I THINK I WOULD LIKE TO HEAR ARE THOSE SPECIAL REASONS THAT ARE, ARE YOU SAYING WHY, WHY I HAVE TO KEEP THE POOL CABANA WHERE IT IS FOR THE VARIANCE RELIEF? YES.
YEAH, BECAUSE I CAN'T GO TO THE LEFT OF THE POOL WHERE IT IS NOW BECAUSE THAT WOULD BE INTO THE, THE BUFFER, THE WETLANDS BUFFER.
IF I GO IN FRONT OF THE POOL, IT'D BE RIGHT UP AGAINST MY HOUSE.
THE ONLY PLACE I COULD GO WOULD BE TO THE RIGHT HAND SIDE.
BUT AGAIN, THAT'S WHERE THE SEPTIC GOT APPROVED FOR OUR BATHROOM, FOR OUR POOL CABANA.
SO THAT'S ALREADY BEEN APPROVED BY THE BOARD OF HEALTH AND THE PIPES ALREADY RAN TO MY SEPTIC SYSTEM.
AND THEN BEHIND THAT IS MY FIRE PIT THAT'S ALREADY INSTALLED RIGHT THERE.
AND THEN YOU GET, YOU KEEP I IMPORTING CLOSER TO, IT'S JUST REALLY NOT A PRACTICAL PLACE ANY, ANY OTHER PLACE TO DO IT.
YOU HAVE YOUR, MY SEPTIC SYSTEM ALL THE WAY OVER TO THE RIGHT.
THAT'S WHERE MY SEPTIC FIELD IS.
SO, AND WE'RE REALLY NOT TRYING TO PULL IT SO CLOSE TO THE HOUSE WHERE IT BLOCKS THE VIEW OF OUR POOL.
WHEN YOU COME OUTSIDE OF OUR BACKYARD.
I DON'T, YOU KNOW, THE WHOLE POINT IS TO, YOU KNOW, ENJOY IT.
UM, I DO HAVE, UH, SO WE HAD, I HAD SOME PEOPLE WORK ON THIS WITH ME AND IT'S THE, ARE WE WE'RE TALKING ABOUT THE 29 FOOT, THE LANDSCAPE BUFFER.
I MEAN, WE'RE NOT GOING OVER THE, THE HEIGHT OF IT.
WE'RE TRYING TO MAKE A DESIRABLE VISUAL ENVIRONMENT THROUGH CREATIVE DEVELOPMENT TECHNIQUES FOR A GOOD CIVIC DESIGN AND ARRANGEMENT.
UM, AND LIKE I SAID, LIKE THERE'S JUST SO MANY OTHER CHALLENGES TO TRY TO PUT IT ANYWHERE ELSE WITHOUT HAVING TO TAKE OUT TREES AND STUFF OF THAT NATURE AND ALREADY STRUCTURED, THAT'S ALREADY IN THE GROUND.
I MEAN, I DON'T THINK IT'S PRACTICAL TO PUT IT BETWEEN MY, IF I PUT IT BETWEEN MY HOUSE AND THE FRONT OF THE POOL, I WOULD HAVE LIKE THREE FEET OF CLEARANCE ON EITHER SIDE.
SO LIKE, AND THEN, THEN I'M ALSO BE RIPPING UP ALREADY DONE PA YOU KNOW, PAVERS AND STUFF LIKE THAT.
I'M JUST TRYING TO BE REALISTIC HERE.
AND LIKE I SAID, IT'S A, IT'S A, IT, IT'S 72 FEET.
LIKE IF I PUT THE PLAN IN AT 200 FEET, WE WOULDN'T EVEN BE HAVING THIS CONVERSATION.
DOES ANYONE ELSE FROM THE BOARD HAVE ANY QUESTIONS OR NO COMMENTS? OKAY.
UM, THE CABANA, THERE WAS A COMMENT CONCERN REGARDING THE NOISE FROM THE CABANA AND THE PURPOSE OF THE CABANA.
SO DO YOU HAVE ANY TESTIMONY, FURTHER TESTIMONY REGARDING THE USE OF THE CABANA? AND I I CAN, I CAN HONESTLY SAY THAT WE ARE NEVER OUT THERE PAST NINE O'CLOCK, 8 30, 9 O'CLOCK.
WE NEVER HAVE ALLOWED MUSIC ON.
I WOULD EVEN MAKE THE ARGUMENT THAT WITH ALL THE BUFFER TREES THAT WE DID PLANT, THEY'RE ONLY GONNA GET BIGGER AND THICKER.
YOU COULD SEE IN EXHIBIT A THAT'S DIRECTLY BEHIND THAT HOUSE, THAT'S DIRECTLY BEHIND US ON HOW MANY TREES WE PUT IN BETWEEN THE SKIP LAURELS, THE ARBOR THAT GROW BIG AND WIDE, THEY'RE GONNA BE ABOUT 15, 20 FEET HERE IN A LITTLE BIT.
THE POOL CABANA EVEN WILL BE MORE OF A BUFFER OF ANY NOISE BECAUSE IT, THE BACK FACES THEM.
IT'S NOT LIKE WE'RE OPENING THE FRONT OF THE CABANA AND IT'S IN THEIR BACKYARD.
THEY WOULD SEE, THEY WOULDN'T EVEN, THEY WON'T EVEN SEE IT TO BEGIN WITH BECAUSE IT'S ONLY 10 FOOT HIGH.
BUT IT WOULD CREATE MORE OF A BUFFER FOR NOISE IF THERE WAS A CONCERN THERE.
BUT AGAIN, WE'RE RESPECTFUL PEOPLE.
[00:45:01]
DON'T THROW RAGING PARTIES.WE HAVE A 11-YEAR-OLD AND A 8-YEAR-OLD.
YOU KNOW, I MEAN, WE'RE, WE'RE NOT, WE'RE NOT UP ALL HOURS OF THE NIGHT THROWING HUGE PARTIES.
THE KEG PARTY DAYS ARE BEHIND US,
ANYONE ELSE? ANYTHING ELSE OR WANTS GO? OKAY, MS. TAYLOR, DO YOU HAVE ANY OTHER COMMENTS? NO, I DON'T.
I DON'T THINK I HAVE ANY, ANY FURTHER QUESTIONS THIS TIME.
I WILL ENTERTAIN A MOTION IF THE BOARD'S READY TO ASK QUESTION.
THE CONCERN I'M HEARING IS ABOUT NOISE, CORRECT? CORRECT.
SO IF THE CABANA IS NOT, WOULDN'T BE BUILT AND IT'S THE SAME SITUATION, WOULDN'T YOU HEAR THE SAME NOISE? WHY? WHY IS THERE A CONCERN ABOUT THE CABANA IN THE NORTH? THE CABANA WOULD BLOCK THE NOISE.
I, I JUST CAN'T UNDERSTAND THIS.
I ALSO, WE, WE, WE CLOSED PUBLIC COMMENT CLOSE ON.
SO I THINK MR. HACK, YOU COULD EXPRESS YOUR CONCERN.
I MEAN THE, THE CABANA'S NOT THERE RIGHT NOW, RIGHT? IT'S JUST, YEAH, IT'S NOT THERE.
SO ANY NOISE? THERE'S NO NOISE RIGHT NOW RELATED TO THE CABANA BECAUSE THIS DOESN'T EXIST.
PERHAPS THERE'S CONSTRUCTION NOISE OR NOISE FROM THE POOL, WHICH IS NORMAL AND EXPECTED FOR A POOL.
SO I DON'T, I I WASN'T FOLLOWING THE, THE COMMENT ON THE NOISE.
UM, YEAH, I COULD SEE, LIKE YOU SAID, TEMPORARY NOISE ON THEIR CONSTRUCTION OR WHATEVER, THAT TYPE OF THING.
BUT ONCE THE CABANA IS BUILT AT THAT POINT, IT'S GONNA BE THE SAME ACTIVITIES OUT THERE ON A POOL VERSUS A POOL THAT HAS A CABANA.
EXCEPT NOW I HAVE A CHANGING PLACE.
AND MAYBE A BATHROOM, LIKE YOU SAID, IN MY OPINION, AND I JUST DON'T SEE THE, THE VALUE IN MOVEMENT.
HERE, NOTHING, I'LL, I'LL MAKE A MOTION TO APPROVE THIS THE WAY IT IS WITH THE, YOU KNOW, IDEA THAT THE FENCE HAS TO BE ADDRESSED THROUGH THE ZONING, THE PROPER CHANNELS.
IF IT NEEDS TO BE MOVED, IT NEEDS TO BE MOVED.
IF, WHATEVER IT HAS TO HAVE HAPPEN.
WE'RE NOT MAKING ANY JUDGMENT ON THAT RIGHT NOW.
SO I WILL APPROVE THIS AS IS, UH, BASED ON THAT BEING RECTIFIED, IS THERE ANY OTHER REQUIREMENTS THAT WE NEEDED TO ADD THERE JUST TO SETBACK BEFORE 29 FEET, I HAD CONCERNS ABOUT THE TREE PLANTING AND COMPLIANCE WITH THE TREE PLANNING.
BUT THAT WAS TO, SO THE, THE APPLICANT'S TESTIMONY WAS THEY, THEY PLANTED ARBOR, IE.
GROW VERY QUICKLY, BUT THEY'RE NOT VERY LONG LIVED.
UM, THEY'RE REALLY NOT A NATIVE TREE, SO TREE FROGS DON'T REALLY LIKE THEM.
UM, ANY NATIVES DON'T REALLY LIKE THEM.
SO, UM, YES, WE WOULD PREFER TO SEE SOMETHING CONSISTENT WITH THE, THE REQUIREMENTS OF THE LANDSCAPE ORDINANCE.
I'M SORRY, I THOUGHT THAT THE TESTIMONY WAS THAT YOU HAD ALREADY WORKED WITH THE APPLICANT ON NO MA'AM.
THEN LET'S GO BACK AND TALK ABOUT THE TREES.
SO IS THAT THE NEXT STEP WHERE YOU WOULD WORK WITH THE APPLICANT? WELL, THEY HAD ALREADY MADE TESTIMONY THAT THEY'RE WILLING TO DO WHATEVER WAS NECESSARY.
WELL I'M, MAYBE I CAN CLARIFY THAT YOUR TESTIMONY, THERE'S CONCERNS IN MICHELLE'S LETTER ABOUT NUMBER OF TREES, WHICH IS AN ORDINANCE ISSUE, HOW MANY TREES YOU REMOVED.
AND THEN WE HEARD TESTIMONY FROM THE APPLICANT THAT THEY'VE PLANTED A NUMBER OF TREES AND DIDN'T REMOVE ANY SINCE THE POOL PRE PRESUMABLY TO COMPENSATE FOR THE LOSS IN NUMBER.
AND I THINK THEY TESTIFIED THAT THEY EVEN PLANTED MORE THAN THE NUMBER THAT'S REQUIRED BY THE ORDINANCE.
WE'RE HEARING FROM MICHELLE IS THAT IT'S NOT JUST THE NUMBER, IT'S THE TEST, IT'S THE SPECIES.
HAVE, HAS ANYBODY DONE A SURVEY OF HOW OUT OF COMPLIANCE IT IS WITH THE ORDINANCE AND WHAT WOULD NEED TO BE DONE? SO JUST LOOKING AT THE IMAGERY, UM, IT'S PRIMARILY, I GUESS, ARE THEY EMERALD GREEN OR WHAT KIND OF A VARIETY ARE THEY? THEY'RE THE, THEY'RE THE, I DON'T REALLY KNOW THE EXACT NAME, BUT THEY'RE THE ONES THAT THE DEERS DON'T ONLY 'CAUSE WE LEARNED THE HARD WAY WE PUT ARB, REGULAR ARBOR ID IN AND IT LOOKED LIKE A Q-TIP.
[00:50:01]
YEAH.SO THESE, THESE ONES THAT DEER DON'T EAT.
AND AGAIN, I'LL PUT I, I UNDERSTAND ANY MORE TREES YOU ALWAYS WANT.
I LIKE, I'M NOT, I'M NOT WORRIED ABOUT THAT.
I I WILL, I'LL TOTALLY DO THAT.
I, I, LIKE I SAID, THE WHOLE REASON I DIDN'T KNOW ANYTHING ABOUT THIS NATIVE THING.
LIKE I, I DIDN'T KNOW THAT THE WHOLE REASON WAS, WAS TO HELP THE PRIVACY BETWEEN US AND THE NEIGHBORS AND THESE WERE THE BEST TREES IN OUR OPINION TO GET THAT PRIVACY NUMBER.
SO YOU, YOU TELL ME WHAT KIND OF TREES YOU WANT, MAN, I'LL GET, I'LL GET YOU A TREE.
IT SOUNDS LIKE THE BEST THING TO DO IF THE BOARD'S INCLINED TO APPROVE IT WOULD BE A CONDITION THAT THE APPLICANT WORKED WITH THE BOARD.
WELL, IS IT SPECIFIC TO GIVE A, A TYPE AND AN AMOUNT THAT WE'RE EXPECTING THERE'S TO PUT IT IN THIS OR, OR DO YOU WANNA DO IT SEPARATELY? SO THERE'S A WHOLE LIST OF TREES IN THE CODE? UM, SURE.
YOU KNOW, I BELIEVE IT'S PRIMARILY OAK PINE BACK HERE.
MORE THAN ONE ITEM ON THERE, CORRECT? SURE.
YOU GUYS WANT OAK PINES? I'LL THROW SOME OAK PINES UP.
YOU JUST DON'T KNOW HOW MANY I, I, YOU KNOW, I THINK THAT THE IDEA YEAH.
IS TO ADDRESS WHAT'S APPROPRIATE, BUT IS THERE AN AMOUNT THAT WE NEED TO PUT IN OUR APPROVAL RIGHT NOW? UM, THE, THE THOUGHT THAT THAT WE HAD WAS IN LOOKING AT THESE IMAGERY IMAGES, IT APPEARS THAT WE MAY BE ABLE TO, TO PUT SOME TREES IN BETWEEN THOSE ARBOR, YOU KNOW MM-HMM
NOT NECESSARILY PULL THEM OUT.
UM, AND THEY MAY BE VERY SMALL AND LET THEM GROW.
AND THEN WHEN THOSE ARBORVITAES, UM, DIE FEEDER OUT, WHICH THEY WILL DO, UM, THE OTHER TREES WILL HOPEFULLY HAVE GROWN ENOUGH TO PROVIDE THE INTENDED BUFFERING AND THE HABITAT.
SO IS IT FAIR TO CONDITION THE APPROVAL ON THE APPLICANT WORKING WITH THE PLANNER TO, SO WE'RE NOT SUGGESTING THAT THEY PULL EVERYTHING OUT, WE'RE SIMPLY SUGGESTING THAT THEY INFILL WITH SOME NATIVES TO COMPLY WITH THE ORDINANCE? CORRECT.
SO I SURE, LET'S NOT GO BACKWARDS, LET'S GO FORWARD THAT IN ADDITION OF THE APPROVAL, YOU'D BE ACCEPTING OF THAT.
I'LL SEND, BUT WE DON'T NEED TO PUT A NUMBER AND A SPECIFIC SPECIES.
WE'RE JUST GONNA SAY, I DON'T BELIEVE SO.
I THINK, YOU KNOW, WHAT WE WOULD TYPICALLY DO IS I'D SEND ONE OF THE LANDSCAPE ARCHITECTS OUT MM-HMM
THEY'LL GO OUT AND MEET WITH THE APPLICANT ON SITE, YOU KNOW, WITH SOME DIRECTION FROM ME, AND THEN THEY'LL SUGGEST, YOU KNOW, X AMOUNT OF TREES AND IF THE APPLICANT HAS AN ISSUE WITH THAT, WE'LL COME BACK TO YOU AND ASK YOU IF WHAT, WHAT YOU THINK SHOULD, NO.
YOU KNOW, WE, WE'LL TRY TO BE, WE TRY TO BE REASONABLE.
WE DON'T WANT ANYONE TO FEEL LIKE WE'RE BEING ONEROUS.
THE, THE LONG, LONG-TERM BUFFERING IS REALLY WHAT WE'RE CONCERNED ABOUT.
DO YOU WANT TO COORDINATE THAT LIKE THROUGH AN EMAIL? LIKE, I THINK I HAVE YOUR EMAIL.
YEAH, I CAN EMAIL YOU AND SET THAT UP.
YEAH, I COULD DO THAT TOMORROW.
SO I'LL JUST ADD TO THAT APPROVAL IS THAT THEY'RE GONNA WORK WITH THE PLANNER AND ADDITIONALLY ADD TO YOUR BUFFER PERFECT NATIVE SPECIES SUPPLEMENTS TO COMPLY, SUPPLEMENT.
AND I'LL, I'LL AGAIN, I'LL PLACE SOME BETWEEN THE PROPERTIES.
LET THAT YOU, YOU AND THE PROFESSIONALS WILL FIGURE IT OUT.
THAT'S MY, THERE WAS AN ADDITIONAL COMMENT IN MICHELLE'S LETTER ABOUT EXTERIOR LIGHTING.
DID WE TALK ABOUT THAT? I DON'T, WE WE DIDN'T, BUT I, I WILL COMPLY WITH MICHELLE'S, UM, COMMENT.
EXTERIOR LIGHTING, BE SOFT LIGHTING FROM PROVIDED OR PROPOSED IT SHOULD BE WARM COLOR TEMPERATURE AND FULL CUTOFF FEATURES PROVIDED.
AND, AND, UM, THAT'S ACCEPTABLE.
YEAH, WE'RE, AND WE'RE BASICALLY JUST DOING, YOU KNOW, UH, RECESS LIGHT, SOFT LIGHTING, RECESS LIGHTING JUST FOR PATH OF TRAVEL TO THE BATHROOM.
AND WE'RE NOT GONNA PUT A FLOODLIGHT ON THE BACK OF THE NO, NO, NO, NO.
SO YOU CAN KIND OF KNOW WHERE THE PATIO IS AND YOU DON'T STEP INTO THE ROCKS.
SO WE HAVE THAT WARM LIGHTING RIGHT NOW.
WE, THE INTENT IS TO KEEP THAT SAME, SAME THING.
CAN I HAVE A MOTION TO ADJOURN? MOTION TO ADJOURN.