[Speaker 1] (3:04 - 3:05)
Let's start it.

[Speaker 2] (3:06 - 3:07)
Okay.

[Speaker 1] (3:07 - 3:07)
Alright, great, thank you.

[Speaker 2] (3:07 - 3:08)
Oh

[Speaker 1] (3:09 - 3:14)
Alright, so um I will welcome to the Zoning Board of

[Speaker 1] (3:16 - 3:22)
of the Zoning Board of Appeals. Um Christie, did we get I don't have minutes for last

[Speaker 3] (3:23 - 3:29)
Uh not for the most recent one, but um I did send minutes with the October meeting that

[Speaker 3] (3:30 - 3:35)
we waited um so I don't know um but you have to review those.

[Speaker 1] (3:35 - 3:37)
I I haven't. So let's we'll we'll do minutes next time.

[Speaker 3] (3:37 - 3:38)
Yeah, that's fine.

[Speaker 1] (3:38 - 3:51)
Um alright so we're gonna start with um our continued hearing which is petition um twenty five fifteen which is um the um Pine Street project. And hi welcome. Um

[Speaker 1] (3:57 - 3:59)
So I wanted to

[Speaker 1] (3:59 - 4:20)
We had talked a lot about the parking lot last time and changes that could be made and couldn't be made. And I know that there was kind of an email sort of documenting the review of the idea of having the parking lot exit through the the smoke shop. And

[Speaker 1] (4:21 - 4:26)
That was kind that can you mind just going over the sort of rationale on that just or you

[Speaker 4] (4:26 - 4:27)
Could you give me

[Speaker 1] (4:27 - 4:27)
can

[Speaker 4] (4:27 - 4:27)
a pen?

[Speaker 5] (4:27 - 4:27)
I have the microphone?

[Speaker 1] (4:27 - 4:34)
oh for sure. I know that an email went around, but I just want to make sure that it's just for the public record that everybody kind of knows what what yeah, what the thought process

[Speaker 4] (4:34 - 4:46)
We appreciate that. Thank you. I'm Holly Grace with Bene Birth Housing. And um direction from our meeting last month was that we were going to take a look at um the

[Speaker 4] (4:47 - 5:06)
driveway entrance serving our new affordable housing development to share the driveway access with the dispensary. So our team consulted with our engineers to look at this plan and also our lawyers to see if it's possible because as you all know,

[Speaker 4] (5:06 - 5:07)
just as a reminder,

[Speaker 4] (5:08 - 5:14)
this property that we're planning to develop this housing on is owned by the town and we

[Speaker 4] (5:15 - 5:18)
will have a ground lease with the town for this land.

[Speaker 4] (5:18 - 5:25)
So we investigated this and determined that it's not a viable option for us for a variety of reasons,

[Speaker 4] (5:26 - 5:38)
including parking and circulation in the area could even get worse just logistically thinking about if every single individual who's visiting this building.

[Speaker 4] (5:39 - 5:48)
And coming from an automobile would be driving further to the parking to park, including delivery drivers and things like that. There's a concern that there'll be parking,

[Speaker 4] (5:48 - 5:49)
even more parking,

[Speaker 4] (5:49 - 5:53)
along Pine Street or even double parking for quick deliveries.

[Speaker 4] (5:53 - 5:56)
And we know that that is not appealing to anyone.

[Speaker 4] (5:56 - 5:57)
In addition,

[Speaker 4] (5:57 - 5:59)
there's programmatic challenges.

[Speaker 4] (6:01 - 6:03)
Just with community identity,

[Speaker 4] (6:03 - 6:04)
with our veterans housing,

[Speaker 4] (6:04 - 6:27)
sharing the driveway entrance with a dispensary, um we especially wanna make sure we have safe and sober housing for the people who live there, so I think the identity um is a concern. Um organizationally there's blurred and confusing lines of who owns and who controls uh responsibility for things like snow ploughing and um

[Speaker 4] (6:28 - 6:55)
potential control over activities within the dispensary and just, I guess, navigating an emergency response. And something that's most complicating on this are the legal hurdles. We have a land agreement with the town and it would require a formal amendment or clarification to be able to use this as our primary access and that opens a very

[Speaker 4] (6:56 - 7:24)
long list of questions and potential timing with um to edit that or get it changed um and it would likely also require consent from the dispensary and potentially um an amendment to the town the town's lease with the dispensary um so it could significantly i guess put this development off track so um

[Speaker 4] (7:25 - 7:26)
we view it as not viable.

[Speaker 4] (7:28 - 7:31)
We do have something else we'd like to talk to you about as an alternative that

[Speaker 1] (7:31 - 7:31)
One

[Speaker 4] (7:31 - 7:31)
hopefully

[Speaker 1] (7:31 - 7:31)
alternative.

[Speaker 4] (7:31 - 7:33)
meets some of the criteria, but I don't wanna is

[Speaker 1] (7:33 - 7:34)
Yeah, that no.

[Speaker 4] (7:34 - 7:39)
okay if we if we talked about that? Okay, cool. Before I shift, there are questions about this or

[Speaker 3] (7:40 - 7:40)
About what?

[Speaker 4] (7:41 - 7:47)
our folks. Okay so moving on we um investigated an alternative that

[Speaker 4] (7:48 - 8:14)
tries to address the concern and one of the biggest concerns we heard was from the property owner directly across from the plan so we're sharing on the screen what we shared at last meeting in October so the and this was revised I believe since our initial submission from August which had a drop-off area noted to try to address these concerns about Pine Street

[Speaker 4] (8:15 - 8:41)
deliveries drop-offs things like that so in this October scheme the driveway is pretty much perfectly aligned with the house directly across the street and we heard the concern headlights directly across this is a big change a big impact as you know we looked at an alternative driveway location to share with the dispensary okay we're not doing that but we would like

[Speaker 4] (8:42 - 9:07)
To consider this November 2005 driveway configuration which tweaks the driveway location, especially for the exiting traffic from the parking lot, so that traffic exiting isn't directly facing the house across the street. It's somewhat askew and we hope helps address the

[Speaker 4] (9:08 - 9:11)
partially the concerns of that house.

[Speaker 4] (9:12 - 9:29)
In addition there's some benefits to shifting to this plan including bigger sight lines than the plan from last month including for views of pedestrians on the sidewalk and other vehicles coming along Pine Street.

[Speaker 4] (9:29 - 9:34)
I guess a drawback to this plan is that some to fit this

[Speaker 4] (9:35 - 9:36)
tweak.

[Speaker 4] (9:36 - 9:39)
Some of the parking spaces need to become compact.

[Speaker 4] (9:41 - 9:46)
But this is a condition that also exists at the Michonne,

[Speaker 4] (9:46 - 9:49)
a different development that Benabryth Housing did here in Swampscott,

[Speaker 4] (9:49 - 9:53)
and it operates efficiently and fine even with the senior population.

[Speaker 4] (9:54 - 9:58)
So we feel comfortable proposing this as an alternative.

[Speaker 2] (10:04 - 10:15)
I really like the improved site lines on this. I think that that my biggest concern was how close you were exiting to the building and not being able to see the sidewalk. So I think this is is a big improvement.

[Speaker 2] (10:15 - 10:17)
So you didn't lose any spaces you just

[Speaker 2] (10:17 - 10:19)
You just moved it to the centre and compact.

[Speaker 3] (10:20 - 10:21)
Yeah.

[Speaker 4] (10:21 - 10:21)
Yes.

[Speaker 3] (10:21 - 10:24)
Well, as you can see the comparison here, we lost

[Speaker 4] (10:24 - 10:25)
It's still showing thirty five I don't

[Speaker 3] (10:25 - 10:26)
we lost

[Speaker 4] (10:26 - 10:26)
know.

[Speaker 3] (10:26 - 10:26)
this

[Speaker 5] (10:26 - 10:26)
It

[Speaker 4] (10:26 - 10:26)
I know.

[Speaker 5] (10:26 - 10:26)
lost one

[Speaker 3] (10:26 - 10:27)
space

[Speaker 5] (10:27 - 10:27)
one space

[Speaker 3] (10:27 - 10:27)
here.

[Speaker 5] (10:27 - 10:28)
and made it up with a

[Speaker 2] (10:28 - 10:29)
With a compact, yeah,

[Speaker 4] (10:29 - 10:29)
Yeah.

[Speaker 3] (10:29 - 10:29)
Yeah.

[Speaker 2] (10:29 - 10:30)
yeah.

[Speaker 3] (10:30 - 10:30)
Yeah.

[Speaker 3] (10:31 - 10:36)
So we lost one at the bottom row but gained one in the middle aisle.

[Speaker 3] (10:36 - 10:38)
That had to become compact.

[Speaker 5] (10:38 - 10:38)
Okay.

[Speaker 5] (10:39 - 10:41)
Lost a little more green space and added a compact

[Speaker 1] (10:41 - 10:43)
Yeah, a little less curbing.

[Speaker 1] (10:44 - 10:46)
in the parking lot also, or green

[Speaker 2] (10:46 - 10:47)
Oh

[Speaker 1] (10:47 - 10:47)
space,

[Speaker 2] (10:47 - 10:47)
yeah,

[Speaker 1] (10:47 - 10:47)
but it might be

[Speaker 2] (10:47 - 10:48)
was brown not space that

[Speaker 1] (10:48 - 10:49)
honestly, because it's very narrow.

[Speaker 2] (10:49 - 10:52)
It would p probably would not have grown much in that. It was very narrow, yeah.

[Speaker 4] (10:53 - 10:53)
Yeah.

[Speaker 2] (10:53 - 10:54)
Um.

[Speaker 3] (10:54 - 10:57)
And it actually increased the tile by a foot and a half, which is also good.

[Speaker 1] (10:57 - 11:03)
Do you wanna toggle back and forth a couple times so people can see? So between October, it's labelled at the bottom.

[Speaker 1] (11:05 - 11:05)
November.

[Speaker 1] (11:08 - 11:08)
October.

[Speaker 1] (11:09 - 11:10)
November.

[Speaker 2] (11:11 - 11:12)
Yeah, no, that's helpful.

[Speaker 2] (11:13 - 11:23)
And I think there were some um there were some concerns from Gino about sort of some of the plantings right right at the exit anyway for a sight line. So

[Speaker 2] (11:24 - 11:36)
I guess that didn't really get smaller narrower, did it? Maybe it got a little bit narrower. Um but that isn't really much of a loss in the sense that having plantings there is probably not great for sight lines anyway, so um

[Speaker 1] (11:39 - 11:39)
Did

[Speaker 2] (11:39 - 11:39)
Yeah,

[Speaker 1] (11:39 - 11:39)
that I change?

[Speaker 2] (11:39 - 11:40)
did give it a little narrow.

[Speaker 1] (11:40 - 11:40)
October, November?

[Speaker 3] (11:41 - 11:41)
One?

[Speaker 1] (11:42 - 11:45)
She's looking, I believe are you looking at the driveway entrance?

[Speaker 2] (11:45 - 11:46)
Yeah.

[Speaker 1] (11:46 - 11:46)
Yeah.

[Speaker 2] (11:46 - 11:54)
The to the if you were um exiting to directly to your right, it looks like that little strip got a little area got a tiny bit narrower.

[Speaker 2] (12:01 - 12:01)
All right.

[Speaker 5] (12:02 - 12:05)
What's the width of was there any change in the width of the

[Speaker 3] (12:05 - 12:06)
No.

[Speaker 4] (12:07 - 12:09)
Where the exit point, entrance point.

[Speaker 2] (12:10 - 12:10)
That would be great.

[Speaker 1] (12:10 - 12:13)
Is that a question that Jacob can answer?

[Speaker 1] (12:13 - 12:17)
Our civil engineer is here on Zoom,

[Speaker 1] (12:17 - 12:18)
I should say.

[Speaker 6] (12:18 - 12:18)
Okay, is that going to be okay?

[Speaker 5] (12:19 - 12:19)
Yep.

[Speaker 2] (12:19 - 12:20)
Yep.

[Speaker 6] (12:20 - 12:21)
Can you hear me?

[Speaker 2] (12:21 - 12:23)
Yep, we can hear you.

[Speaker 6] (12:23 - 12:27)
Yep, Jacob Lemieux with Hancock Associates, 315 LN3,

[Speaker 6] (12:27 - 12:28)
Marlboro Mass.

[Speaker 6] (12:29 - 12:30)
So the actual width...

[Speaker 6] (12:31 - 12:41)
of the driveway doesn't change so it's it's the same in both the only thing that changes that we brought it angled it further towards the south and moved it away from the building

[Speaker 4] (12:42 - 12:43)
Thank you

[Speaker 2] (12:47 - 12:57)
It also sort of delineates that standing area a little better, I think, rather than, you know, you actually would have to kind of pull into that area.

[Speaker 6] (13:00 - 13:03)
Yeah, it lines up a lot more with the aisle now.

[Speaker 2] (13:03 - 13:04)
Yeah.

[Speaker 2] (13:08 - 13:09)
Alright, does anybody else have any questions about this change?

[Speaker 4] (13:09 - 13:10)
Looks good to me.

[Speaker 2] (13:10 - 13:12)
Yeah, I think it's an improvement.

[Speaker 2] (13:13 - 13:21)
Um and then we have, I think our p the person who is going to be doing the peer review is supposed to be here today.

[Speaker 2] (13:22 - 13:23)
She's online.

[Speaker 2] (13:23 - 13:24)
Hi.

[Speaker 2] (13:26 - 13:27)
Um

[Speaker 6] (13:27 - 13:27)
Hello?

[Speaker 3] (13:27 - 13:27)
I'm

[Speaker 2] (13:27 - 13:28)
I'm here.

[Speaker 3] (13:28 - 13:28)
not.

[Speaker 2] (13:28 - 13:37)
Hi. I just thanks for coming. Thank you. Nice to meet you. Um so nothing's actually started yet for the peer review because we just got these.

[Speaker 2] (13:38 - 13:42)
Alright. So that will be for the next step. Um

[Speaker 3] (13:42 - 13:42)
Mm-hmm.

[Speaker 2] (13:42 - 13:46)
is there anything else that's new this month?

[Speaker 1] (13:49 - 13:49)
No.

[Speaker 3] (13:49 - 13:49)
No.

[Speaker 2] (13:50 - 13:52)
Does anybody from the board have any questions?

[Speaker 5] (13:53 - 13:56)
Um no I think what's new is looks good.

[Speaker 2] (13:59 - 14:07)
Alright. Does anybody um here either online or in person have any questions specifically about the parking?

[Speaker 2] (14:08 - 14:08)
Yes.

[Speaker 4] (14:09 - 14:10)
Uh I'm just curious, if the um

[Speaker 2] (14:10 - 14:13)
Just say your name and your uh address please, thank you.

[Speaker 7] (14:17 - 14:19)
Hi, Steve Gadman, eleven Pine Street.

[Speaker 7] (14:20 - 14:31)
Uh like at the last meeting they talked about um talking to the fire department. I was just wondering if that was uh has been handled, uh about being able to get in and out of there.

[Speaker 3] (14:31 - 14:33)
Because of the bump out in the

[Speaker 2] (14:36 - 14:39)
Has there been any um do you know if there's been any consulting with fire?

[Speaker 1] (14:41 - 14:42)
Didn't uh is Jacob still?

[Speaker 1] (14:43 - 14:44)
on, I believe,

[Speaker 1] (14:44 - 14:45)
our civil engineer?

[Speaker 6] (14:46 - 14:50)
Yeah, we haven't received comments back from fire.

[Speaker 6] (14:51 - 14:55)
I can certainly reach directly out to them to see if they have any issues,

[Speaker 6] (14:55 - 15:06)
but I believe early on we had fire at our team meeting that we did prior to our filing who had reviewed our preliminary plans and gave us the verbal okay on that.

[Speaker 6] (15:07 - 15:10)
So we could certainly just request a memo from them.

[Speaker 2] (15:11 - 15:12)
Yeah, that'd be great.

[Speaker 1] (15:12 - 15:12)
But

[Speaker 2] (15:12 - 15:12)
Thank you.

[Speaker 1] (15:12 - 15:17)
also as a reminder so this building is on a corner so there's two public roads that

[Speaker 1] (15:18 - 15:21)
about the building on two sides.

[Speaker 6] (15:21 - 15:23)
Right, it meets the fire code,

[Speaker 6] (15:23 - 15:40)
the fire truck can't access the building on three sides and is less than 150 foot earth maneuvering. So the building meets the fire code with the access and you can get a demo from the fire department speaking to that.

[Speaker 2] (15:40 - 15:42)
Okay, great. Thank you.

[Speaker 7] (15:43 - 15:43)
Thank you

[Speaker 2] (15:46 - 15:47)
Does anybody else have any questions?

[Speaker 2] (15:48 - 15:51)
Is there anybody online who

[Speaker 2] (15:52 - 15:53)
can use the raise their hand button?

[Speaker 2] (15:57 - 15:57)
No?

[Speaker 2] (15:59 - 15:59)
Alright.

[Speaker 4] (16:02 - 16:03)
It's the first.

[Speaker 2] (16:03 - 16:03)
I know.

[Speaker 4] (16:05 - 16:06)
My entire career.

[Speaker 2] (16:07 - 16:16)
Excellent. Well, all right, so we what are our I guess we should probably do our figure out what our hopes are for next meeting.

[Speaker 2] (16:16 - 16:18)
Hopefully we will have the peer review done.

[Speaker 5] (16:19 - 16:21)
Yeah, maybe asking Vicki how much time she thinks she's going to

[Speaker 2] (16:21 - 16:21)
Yeah.

[Speaker 5] (16:21 - 16:21)
need.

[Speaker 2] (16:22 - 16:24)
Vicki, if you could let us know.

[Speaker 3] (16:26 - 16:32)
Yeah, I think our proposal said two weeks to kind of...

[Speaker 3] (16:33 - 16:52)
do the you know discovery obviously we have the plan set but it's a matter of looking at some of the documents that um dpw on the drainage and the culvert and kind of get our hands around that item um and then completing our review two weeks beyond that i think that was our timeline i can double check

[Speaker 2] (16:53 - 16:54)
So

[Speaker 4] (16:55 - 16:59)
We've got a December 16th meeting scheduled. You think we could do it all then?

[Speaker 8] (17:00 - 17:00)
Yeah,

[Speaker 4] (17:00 - 17:00)
Yeah.

[Speaker 8] (17:00 - 17:02)
that sounds reasonable. Yep.

[Speaker 2] (17:03 - 17:04)
Okay, great.

[Speaker 8] (17:04 - 17:04)
See.

[Speaker 8] (17:04 - 17:06)
Yep, that would put us at four weeks. So yes.

[Speaker 3] (17:06 - 17:06)
What?

[Speaker 2] (17:07 - 17:07)
What?

[Speaker 3] (17:07 - 17:09)
I said I'm gonna be traveling on the 16th. Does that matter?

[Speaker 2] (17:10 - 17:13)
Um you have not missed a meeting, correct?

[Speaker 3] (17:13 - 17:13)
Correct.

[Speaker 2] (17:13 - 17:14)
So you could watch a video.

[Speaker 3] (17:14 - 17:14)
Okay.

[Speaker 2] (17:14 - 17:17)
You can watch a video for one meeting per petition.

[Speaker 3] (17:17 - 17:19)
16th is a meeting.

[Speaker 2] (17:19 - 17:21)
The 16th, December 16th, yeah.

[Speaker 2] (17:22 - 17:28)
So that would be great and if anything that you get in before the sixteenth, if um so we can distribute it, that would be excellent.

[Speaker 4] (17:28 - 17:29)
And I was wondering if Paul

[Speaker 8] (17:29 - 17:30)
Absolutely.

[Speaker 4] (17:30 - 17:32)
has any thoughts too.

[Speaker 2] (17:33 - 17:34)
Um and Paul,

[Speaker 2] (17:35 - 17:40)
welcome. Do you have any additional thoughts for preparing for next meeting?

[Speaker 2] (17:45 - 17:46)
Hang on, we're

[Speaker 4] (17:46 - 17:46)
You

[Speaker 2] (17:46 - 17:46)
trying

[Speaker 4] (17:46 - 17:46)
just

[Speaker 2] (17:46 - 17:46)
on

[Speaker 4] (17:46 - 17:47)
muted.

[Speaker 2] (17:47 - 17:47)
your computer.

[Speaker 4] (17:47 - 17:47)
Yeah.

[Speaker 5] (17:47 - 17:47)
Yeah.

[Speaker 6] (17:48 - 17:50)
Sorry, I was muted.

[Speaker 2] (17:50 - 17:51)
Okay, great.

[Speaker 6] (17:52 - 17:57)
I don't have any specific thoughts about getting ready for the next meeting other than getting the peer review comments completed.

[Speaker 6] (17:58 - 18:00)
I don't know available that night,

[Speaker 6] (18:00 - 18:02)
so I want to make sure you're aware of that.

[Speaker 2] (18:02 - 18:03)
Great.

[Speaker 2] (18:03 - 18:03)
Thanks.

[Speaker 2] (18:06 - 18:14)
All right. So that'll be the plan to have all the peer review done, submitted, and then hopefully we'll have some time to review before the meeting.

[Speaker 2] (18:18 - 18:19)
Alright.

[Speaker 4] (18:19 - 18:27)
I'll make a motion to continue to December 16th and look to I suggest we look to put this as the first item on our agenda. We should try to do that.

[Speaker 2] (18:27 - 18:27)
Yep.

[Speaker 2] (18:29 - 18:31)
Alright, we have a second? All in favor?

[Speaker 4] (18:31 - 18:31)
Aye.

[Speaker 3] (18:31 - 18:32)
Aye.

[Speaker 4] (18:32 - 18:32)
Aye.

[Speaker 2] (18:32 - 18:32)
Aye. Okay.

[Speaker 2] (18:33 - 18:34)
Alright, see you next month.

[Speaker 3] (18:34 - 18:35)
Okay,

[Speaker 4] (18:35 - 18:35)
Alright.

[Speaker 3] (18:35 - 18:35)
thank you.

[Speaker 2] (18:35 - 18:35)
And thank you.

[Speaker 3] (18:35 - 18:35)
Yep.

[Speaker 5] (18:36 - 18:36)
Thank you.

[Speaker 3] (18:36 - 18:36)
You're welcome.

[Speaker 9] (18:36 - 18:37)
Thank you.

[Speaker 6] (18:38 - 18:39)
You have a good night.

[Speaker 4] (18:39 - 18:40)
Okay.

[Speaker 4] (18:43 - 18:44)
It's the shortest forty B meeting yet.

[Speaker 4] (18:46 - 18:46)
Okay.

[Speaker 3] (18:46 - 18:48)
Is the target going to be able to put

[Speaker 10] (18:48 - 18:50)
Oh, it's a good tradition. It is a good tradition.

[Speaker 3] (18:50 - 18:51)
Hold it up here.

[Speaker 3] (18:52 - 18:53)
Next we'll have to get

[Speaker 4] (18:56 - 18:57)
So,

[Speaker 4] (18:57 - 18:58)
how do you think?

[Speaker 4] (18:59 - 19:01)
But still, you know, that's

[Speaker 5] (19:01 - 19:01)
Yeah.

[Speaker 4] (19:01 - 19:02)
uh They get the shot.

[Speaker 4] (19:03 - 19:03)
They give a.

[Speaker 4] (19:04 - 19:05)
That's a good shot, yeah.

[Speaker 11] (19:05 - 19:06)
Rachel.

[Speaker 3] (19:06 - 19:06)
Yeah.

[Speaker 11] (19:06 - 19:06)
It's got a beep.

[Speaker 4] (19:06 - 19:07)
Yeah.

[Speaker 4] (19:07 - 19:07)
Yep.

[Speaker 11] (19:07 - 19:08)
I need to try.

[Speaker 11] (19:08 - 19:09)
That one.

[Speaker 4] (19:11 - 19:11)
Yep.

[Speaker 3] (19:11 - 19:17)
I just wanted to flag that we place we want to keep it here right now. Everybody here is in agreement.

[Speaker 4] (19:17 - 19:17)
Yeah.

[Speaker 3] (19:17 - 19:19)
I can definitely watch it, but I thought that was just going to be you.

[Speaker 4] (19:19 - 19:20)
You should do it more.

[Speaker 2] (19:21 - 19:23)
I mean you could go watch it with Frank, but

[Speaker 4] (19:23 - 19:23)
like No.

[Speaker 2] (19:23 - 19:23)
not now.

[Speaker 3] (19:23 - 19:25)
I'm going to be on a plane. That that

[Speaker 4] (19:25 - 19:25)
Exactly.

[Speaker 3] (19:25 - 19:27)
that So I'm going to be coming home Yeah, with you.

[Speaker 2] (19:27 - 19:27)
yeah, yeah.

[Speaker 3] (19:27 - 19:27)
That that that.

[Speaker 2] (19:27 - 19:28)
No, that's fine.

[Speaker 3] (19:28 - 19:28)
Okay.

[Speaker 2] (19:28 - 19:28)
Oh.

[Speaker 7] (19:28 - 19:29)
Thank you. Good night.

[Speaker 2] (19:29 - 19:32)
Just watch. You and you only have to watch the things that of course are going to be in the report.

[Speaker 2] (19:32 - 19:33)
Okay.

[Speaker 2] (19:33 - 19:33)
Okay.

[Speaker 3] (19:33 - 19:35)
Yeah, yeah, yeah, yeah. Okay.

[Speaker 3] (19:35 - 19:36)
You can get me to do it.

[Speaker 8] (19:36 - 19:36)
Right.

[Speaker 3] (19:36 - 19:37)
All right. You got it.

[Speaker 2] (19:37 - 19:41)
Okay, moving on. We're gonna um going to move on to our next petition.

[Speaker 2] (19:42 - 19:45)
If you're still discussing this, if you could go out in the hallway, that'd be great.

[Speaker 3] (19:46 - 19:47)
You all sorts of ideas,

[Speaker 8] (19:47 - 19:47)
There's no way.

[Speaker 3] (19:47 - 19:49)
I can't believe you said we're not gonna stand

[Speaker 8] (19:49 - 19:49)
Good.

[Speaker 3] (19:49 - 19:50)
here.

[Speaker 8] (19:50 - 19:50)
I'll go.

[Speaker 3] (19:50 - 19:52)
So I thought I'd let you know that I'm sure we have

[Speaker 8] (19:52 - 19:52)
Oh.

[Speaker 3] (19:52 - 19:54)
room for you up on this, too.

[Speaker 2] (19:55 - 20:07)
Alright. So we are going to open the Continued Petition number twenty five seventeen, which is um for uh Realty Garage, previously Lally's Garage.

[Speaker 2] (20:08 - 20:08)
Hi.

[Speaker 3] (20:18 - 20:19)
You all could make it tonight?

[Speaker 2] (20:20 - 20:20)
Yeah, I think so.

[Speaker 3] (20:20 - 20:23)
That's not my dog behind the rack. Probably.

[Speaker 1] (20:23 - 20:23)
Hello, good evening.

[Speaker 2] (20:24 - 20:24)
Hi.

[Speaker 1] (20:25 - 20:26)
Gennaro Angiulo,

[Speaker 1] (20:26 - 20:26)
manager,

[Speaker 1] (20:26 - 20:27)
Lally Garage, LLC.

[Speaker 1] (20:28 - 20:30)
Unfortunately, Sam had a conflicting appointment in Lynn.

[Speaker 1] (20:30 - 20:34)
He couldn't make it, but I know that he supplied you guys with everything that he supplied me,

[Speaker 1] (20:34 - 20:38)
which is his explanation as to why it's just continuing of his existing use.

[Speaker 1] (20:40 - 20:41)
Everybody got the packet, I assume?

[Speaker 3] (20:41 - 20:42)
We got the memo,

[Speaker 3] (20:42 - 20:42)
yes.

[Speaker 2] (20:42 - 20:43)
Oh, yeah.

[Speaker 3] (20:45 - 20:46)
Thank you.

[Speaker 2] (21:23 - 21:28)
So I think this is one of those that comes to the um

[Speaker 2] (21:31 - 21:40)
There's sort of two underlying questions. Is the use continuous? And if the use is not continuous,

[Speaker 2] (21:41 - 21:47)
is the use allowed as a extension of the existing use?

[Speaker 2] (21:52 - 22:00)
and whether or not the use is continuous I think is really hard to prove because it was owned by someone else for so long and I think

[Speaker 2] (22:01 - 22:06)
most people who visited that shop would say it was not a um

[Speaker 2] (22:08 - 22:14)
uh you know, it wasn't auto body, it was a repair shop and not an auto body shop at the time previous to your ownership.

[Speaker 4] (22:14 - 22:16)
Correct, but your licence states

[Speaker 4] (22:17 - 22:19)
clearly repairs, bumpers and fenders.

[Speaker 4] (22:19 - 22:29)
And if we possess the same license that Swampskid Auto Body possesses, and we can all agree that Loudly's has been there since the 1800s, it was a train switching yard if you go back in the records.

[Speaker 4] (22:30 - 22:31)
Unfortunately,

[Speaker 4] (22:31 - 22:36)
all the original records of the building have been destroyed because there was a flooded city hall like 50 years ago,

[Speaker 4] (22:36 - 22:37)
Bob Wilson told me.

[Speaker 4] (22:38 - 22:39)
He always repaired cars,

[Speaker 4] (22:39 - 22:42)
he always fixed cars, and he always painted cars.

[Speaker 4] (22:42 - 22:46)
He just never painted cars properly with what we want to do, which is a spray booth,

[Speaker 4] (22:46 - 22:52)
which captures all of the bad stuff that you want to emit into the air and do it properly.

[Speaker 4] (22:52 - 22:53)
It's the same use.

[Speaker 4] (22:54 - 22:55)
It's the same shop.

[Speaker 4] (22:55 - 23:01)
I own a body shop in Lynn and I have a repair license there and I have a body shop license that says I repair bumpers and fenders.

[Speaker 4] (23:02 - 23:05)
So that's why we believe it's continuing existing use.

[Speaker 2] (23:26 - 23:36)
That law does, I mean, it lists it under the same number, but it definitely separates them by kind of oars rather than commas. It doesn't say that it's all the same, it definitely kind of separates them as separate I don't know how everybody

[Speaker 4] (23:37 - 23:39)
It clearly states and or.

[Speaker 2] (23:40 - 23:40)
R

[Speaker 4] (23:40 - 23:43)
Sam Sam pointed that out at the last meeting.

[Speaker 2] (23:43 - 23:51)
Yeah, this just ours just says motor vehicle, general, or body shop, or automatic automobile vehicle washing facility.

[Speaker 2] (23:52 - 23:52)
Um.

[Speaker 3] (23:53 - 23:54)
Could I just see that for a second?

[Speaker 2] (23:54 - 23:58)
Yeah, yeah. So that's the kind of

[Speaker 3] (24:00 - 24:00)
All right, Ms.

[Speaker 3] (24:00 - 24:03)
Sam pointed out or in his memo,

[Speaker 3] (24:03 - 24:08)
the use of that, and then how did he describe it?

[Speaker 3] (24:12 - 24:14)
So he just says in the definition section,

[Speaker 3] (24:16 - 24:20)
motor vehicle general and body repair in article six.

[Speaker 3] (24:21 - 24:25)
The table of uses is inconsistent with using the word or.

[Speaker 3] (24:26 - 24:27)
So he pointed out that

[Speaker 2] (24:27 - 24:28)
Yeah.

[Speaker 3] (24:28 - 24:28)
conflict.

[Speaker 2] (24:28 - 24:29)
Yeah.

[Speaker 3] (24:32 - 24:35)
And you know how do you reconcile that was his

[Speaker 2] (24:37 - 24:46)
I understand w why you could use uh you could you could use and when you're saying I'm referring to these two uses,

[Speaker 4] (24:46 - 24:46)
Right.

[Speaker 2] (24:46 - 24:49)
and you use the word or when you're separating the uses under the use.

[Speaker 1] (24:50 - 24:50)
The uh

[Speaker 3] (24:50 - 24:52)
Yeah, that's been the definition.

[Speaker 1] (24:57 - 25:01)
He shown he shown that those have been painted before. They use painting.

[Speaker 1] (25:02 - 25:03)
They've painted cars.

[Speaker 4] (25:04 - 25:05)
But it's still currently painting now.

[Speaker 1] (25:06 - 25:06)
Yeah.

[Speaker 5] (25:06 - 25:06)
Yeah.

[Speaker 1] (25:12 - 25:13)
I think

[Speaker 4] (25:13 - 25:14)
Like I pointed out at the last meeting,

[Speaker 4] (25:14 - 25:18)
with today's advancement in vehicles and Teslas and Fords that are aluminum.

[Speaker 4] (25:19 - 25:22)
You can't just paint in the atmosphere. You have to paint in a controlled environment,

[Speaker 4] (25:23 - 25:24)
which would be a heated spray booth,

[Speaker 4] (25:24 - 25:26)
which comes with its own fire protection,

[Speaker 4] (25:26 - 25:31)
and would be very safe to the environment because I know there were some concerns about that,

[Speaker 4] (25:31 - 25:36)
but these are mechanisms that are installed all over the United States of America in every city and town.

[Speaker 4] (25:36 - 25:37)
It's nothing out of the ordinary.

[Speaker 2] (25:38 - 25:38)
Yeah.

[Speaker 2] (25:39 - 26:06)
No, the the issue isn't necessarily that I mean we're glad that if you're going to be spraying you want to do it properly. It's more just that the use of um any sort of auto repair is is only allowed because it's grandfathered in at this location. It's not allowed it's not zoned for it at this location. So therefore it it um it can only be permitted because it's a grandfathered use from previously. So I understand that it's been used most recently.

[Speaker 2] (26:07 - 26:09)
and that you do have receipts for paint.

[Speaker 2] (26:09 - 26:10)
It's

[Speaker 4] (26:10 - 26:10)
It was

[Speaker 2] (26:10 - 26:10)
just

[Speaker 4] (26:10 - 26:10)
never

[Speaker 2] (26:10 - 26:11)
whether or not not.

[Speaker 4] (26:11 - 26:12)
used.

[Speaker 4] (26:12 - 26:14)
Bob Wilson operated it until the last day he was there.

[Speaker 4] (26:14 - 26:16)
When he left, I took over.

[Speaker 4] (26:16 - 26:18)
It took me months, my sister and I,

[Speaker 4] (26:18 - 26:20)
to clean the building out and get it so you could actually use it.

[Speaker 4] (26:21 - 26:24)
Then we rented to a gentleman who did repairs and installed tires.

[Speaker 4] (26:25 - 26:26)
Sadly, he failed in business.

[Speaker 4] (26:27 - 26:27)
He couldn't make it.

[Speaker 4] (26:28 - 26:29)
We had to evict him. He left.

[Speaker 4] (26:29 - 26:32)
And now we have a body shop that's interested in renting it.

[Speaker 4] (26:32 - 26:33)
And we're asking the town.

[Speaker 4] (26:34 - 26:36)
So please see that it's continuing of existing use for repairs.

[Speaker 4] (26:37 - 26:39)
It was never not used.

[Speaker 4] (26:39 - 26:46)
Bob Wilson fixed cars and changed oil and dented bumpers and helped people until the last day he was there.

[Speaker 4] (26:49 - 26:53)
After we bought it, he paid us nine months rent to stay there because he couldn't move out fast enough.

[Speaker 4] (26:54 - 26:56)
There was a lifetime of stuff in there.

[Speaker 4] (26:57 - 27:04)
And if anything, I think we bettered the building, we bettered the way it looks, and it will be five times better than that when we're done with this project.

[Speaker 3] (27:04 - 27:04)
Oh.

[Speaker 6] (27:04 - 27:06)
Oh, I was just put marks on that page,

[Speaker 2] (27:06 - 27:06)
Oh, oh I'm but sorry.

[Speaker 6] (27:06 - 27:09)
they have a definition. It's all okay. I s that thought you I I thought you might wanna take a look at that too.

[Speaker 2] (27:09 - 27:14)
Oh yeah, sorry, I did wanna take a look at that. That's the definition that was back there, I just pulled it out. That was under

[Speaker 6] (27:16 - 27:21)
With all the definitions towards the end. Yep, that area. They're alphabetic under motor,

[Speaker 2] (27:21 - 27:22)
Motor.

[Speaker 6] (27:22 - 27:22)
vehicle.

[Speaker 2] (27:22 - 27:22)
Yeah.

[Speaker 2] (27:23 - 27:23)
Yeah.

[Speaker 2] (27:48 - 27:51)
Does anybody on the board have any questions or thoughts on this?

[Speaker 6] (27:54 - 28:02)
I just think, you know, Sam's point about the difference between the definition with and or or, and looking at the table of principle uses,

[Speaker 6] (28:02 - 28:05)
that

[Speaker 6] (28:05 - 28:11)
I would agree with his argument that really is, should be or,

[Speaker 6] (28:11 - 28:13)
that

[Speaker 6] (28:16 - 28:16)
I don't think it's.

[Speaker 6] (28:17 - 28:26)
exclusive of either one, I think that either one would be so if you go back to the table of principal uses

[Speaker 3] (28:30 - 28:31)
Right.

[Speaker 2] (28:31 - 28:34)
Yeah, I mean it's listed under number nine, under the same use.

[Speaker 6] (28:34 - 28:38)
Right, right. So and what's the district, is it

[Speaker 2] (28:40 - 28:41)
It's not it's not permitted in the district.

[Speaker 6] (28:41 - 28:43)
Yeah, I'm just wondering what it is, is it the

[Speaker 6] (28:45 - 28:46)
I should look on the application.

[Speaker 2] (28:47 - 28:48)
It's a um

[Speaker 2] (28:53 - 28:55)
B_ one, right? You're currently a B_ one.

[Speaker 2] (28:56 - 28:57)
I don't have the full application here.

[Speaker 7] (28:58 - 29:00)
I'm pulling it up right now. I can show it on the screen.

[Speaker 6] (29:00 - 29:02)
Yeah, B_ one is is on the application.

[Speaker 2] (29:03 - 29:04)
Yeah, which is not which is you

[Speaker 6] (29:04 - 29:05)
No.

[Speaker 2] (29:05 - 29:05)
know an N_ yeah.

[Speaker 6] (29:05 - 29:07)
Okay, just wanted to confirm

[Speaker 2] (29:07 - 29:07)
Yeah.

[Speaker 6] (29:07 - 29:13)
that. So it's protected use as far as the use that's there.

[Speaker 6] (29:14 - 29:19)
Okay, so I don't know whether that's really part of the analysis.

[Speaker 2] (29:21 - 29:21)
Yeah, no,

[Speaker 3] (29:21 - 29:21)
You

[Speaker 2] (29:21 - 29:22)
it's more that

[Speaker 6] (29:22 - 29:24)
I think you were

[Speaker 2] (29:24 - 29:33)
kind of where it says or here, I agree, and then where it says and as if it's one and the same, the definition, it has one definition for both motor vehicle and body repair,

[Speaker 2] (29:34 - 29:35)
as if it's one thing.

[Speaker 2] (29:37 - 29:40)
Whereas in the use it lists it clearly as separate things.

[Speaker 6] (29:41 - 29:49)
Right, on the continuous use argument, where we ask for you know receipts, there are some receipts for paint products.

[Speaker 2] (29:54 - 29:54)
Yeah.

[Speaker 3] (29:56 - 30:01)
Prior to that, it was there's receipts there that show that the gentleman's name was actually Juan,

[Speaker 3] (30:02 - 30:06)
he owned Rehoboth's Tire. His receipts are all there, that he serviced cars,

[Speaker 3] (30:06 - 30:08)
fixed cars, he installed tires and sold tires.

[Speaker 3] (30:09 - 30:12)
not limited to including batteries, brakes,

[Speaker 3] (30:12 - 30:13)
alternators, starters,

[Speaker 3] (30:13 - 30:16)
all kinds of miscellaneous repairs to vehicles.

[Speaker 1] (30:17 - 30:29)
Yeah, I think that part of it isn't highly contested that there was at least that more than the light duty repairs going on there,

[Speaker 1] (30:29 - 30:31)
that it meets the definition.

[Speaker 4] (30:33 - 30:34)
Yeah, I think there's no question

[Speaker 1] (30:34 - 30:34)
Motor that vehicle

[Speaker 4] (30:34 - 30:35)
it's

[Speaker 1] (30:35 - 30:35)
repair.

[Speaker 4] (30:35 - 30:52)
a general motor vehicle repair. It that that it's more is it an auto body shop and has it continuously been an auto body shop without any stoppage of use for all those that time. Or are they the same thing by our bylaw definition and therefore it's irrelevant.

[Speaker 1] (30:53 - 30:53)
Mm-hmm.

[Speaker 4] (30:54 - 30:58)
I would say we don't really have evidence that it's been a body a true body shop.

[Speaker 4] (30:59 - 31:02)
um but continuously.

[Speaker 4] (31:05 - 31:08)
But then we do have the issue where our definition listed as one thing.

[Speaker 1] (31:08 - 31:24)
Well, I I think he's produced some evidence. I I think the burden you know we heard some testimony the last time from some neighbors who said it wasn't that they didn't see any make any observation there being any painting, but we do have some actual evidence I I

[Speaker 1] (31:25 - 31:34)
It's we think the burden would be on the petitioner to show that there was the continuous use and he's put forth some evidence of that.

[Speaker 1] (31:35 - 31:44)
I don't know if the testimony of the neighbors said their observation is enough to rebut that that testimony.

[Speaker 3] (31:44 - 31:46)
With no disrespect to the neighbors,

[Speaker 3] (31:46 - 31:47)
they can't see what goes on behind closed doors.

[Speaker 3] (31:48 - 31:49)
I mean,

[Speaker 3] (31:49 - 31:49)
that's just fact.

[Speaker 1] (31:52 - 31:52)
Yep.

[Speaker 1] (31:53 - 31:55)
I think one of the neighbors had?

[Speaker 4] (31:55 - 31:57)
Yeah, please say your name and address, please.

[Speaker 5] (31:57 - 31:58)
Yeah.

[Speaker 4] (31:59 - 31:59)
I'll go get you a microphone.

[Speaker 5] (32:05 - 32:07)
Hi, my name is Elaine. Can you hear me?

[Speaker 4] (32:07 - 32:08)
Yep.

[Speaker 5] (32:08 - 32:12)
My name is Elaine Lipkin and I live at 25 Essex Street.

[Speaker 5] (32:12 - 32:16)
My husband Dan was at the last meeting where this was discussed.

[Speaker 5] (32:17 - 32:20)
We are new residents in Swampscott.

[Speaker 5] (32:20 - 32:23)
We took possession of our property on the 17th of April of this year.

[Speaker 5] (32:24 - 32:30)
We saw the property for the first time in mid-March, which was actually the last time.

[Speaker 5] (32:31 - 32:45)
time when this prior business Rehoboth's was in was on the premises by the time we took possession of our property it was already empty again and since that time it has been operating as a towing company I understand from

[Speaker 5] (32:46 - 33:12)
hearing from my husband and Sam our neighbor that there was some discussion last meeting that there was painting going on of dumpsters on the property but we do live right across the street we can see in the windows we can observe what's going on there not every minute of every day but as far as I can tell and from getting to know our neighbors and asking around because we're new and we want to know what's going on and

[Speaker 5] (33:12 - 33:21)
The area, there has been no evidence in my mind that there's been continuous operation of anything but general towing.

[Speaker 5] (33:22 - 33:24)
tires and basic repairs.

[Speaker 5] (33:24 - 33:28)
If there was painting going on on the premises and it was manual painting,

[Speaker 5] (33:28 - 33:42)
I think I'd like to challenge the notion that manual painting of anything car related or otherwise is an entirely different ball of wax than a full-on operational spray booth for

[Speaker 5] (33:43 - 33:48)
But body work, these businesses themselves are actually still available online.

[Speaker 5] (33:48 - 33:52)
You can go on and see what they offer as their services.

[Speaker 5] (33:53 - 33:56)
Body work and painting is not one of them.

[Speaker 5] (33:56 - 33:59)
And that's even just in the last two years.

[Speaker 5] (33:59 - 34:04)
Lally's has been gone since more than two years.

[Speaker 5] (34:04 - 34:07)
So we're new. We don't know.

[Speaker 5] (34:08 - 34:16)
I can't produce photographic evidence of all of this, but much of this material is readily available online and we're in a different,

[Speaker 5] (34:16 - 34:18)
we're in a highly residential neighborhood.

[Speaker 5] (34:18 - 34:19)
We...

[Speaker 5] (34:19 - 34:27)
But we're across the street, but the entire affordable housing complex is right behind this property and there's kids playing there all the time.

[Speaker 5] (34:27 - 34:29)
So in my mind, yes,

[Speaker 5] (34:30 - 34:38)
I suppose the zoning board is stuck between a rock and a hard place having to approve something as being grandfathered, but at the very,

[Speaker 5] (34:38 - 34:45)
I think at the max, all you can grandfather is what's been happening there. So if they're...

[Speaker 5] (34:46 - 34:50)
comfortable hand painting some bumper repair,

[Speaker 5] (34:50 - 34:54)
that seems to me like a clear grandfather.

[Speaker 5] (34:54 - 34:59)
But the idea that they are going to put in a big spray booth that has to have,

[Speaker 5] (34:59 - 35:08)
first of all, has much higher aerosolized particle matter and hazardous chemical exposure risk.

[Speaker 5] (35:10 - 35:14)
I mean, and, and, and it's like apples and oranges to me.

[Speaker 5] (35:14 - 35:15)
So again,

[Speaker 5] (35:15 - 35:18)
I can't wave a wand and show you evidence.

[Speaker 5] (35:19 - 35:21)
I am not allowed to go in the property.

[Speaker 5] (35:21 - 35:23)
I haven't been in there myself,

[Speaker 5] (35:23 - 35:27)
but there's a lot of things that are visible to us as residents.

[Speaker 5] (35:27 - 35:31)
So I would just ask the zoning board to consider why,

[Speaker 5] (35:32 - 35:34)
what is the nature of that grandfather?

[Speaker 5] (35:35 - 35:36)
And does it meet,

[Speaker 5] (35:36 - 35:48)
does what they are proposing to have a permit for actually align with common sense zoning practice in a highly dense residential area?

[Speaker 5] (35:48 - 35:51)
And I really appreciate your time.

[Speaker 1] (35:54 - 35:57)
So the idea of abandonment of use,

[Speaker 1] (35:57 - 35:58)
it's two year,

[Speaker 1] (35:58 - 35:59)
you'd have to have two year,

[Speaker 1] (35:59 - 36:01)
so if the use existed.

[Speaker 1] (36:02 - 36:06)
And two years went by without it, that's the the statute of limitations for

[Speaker 4] (36:06 - 36:06)
Yes,

[Speaker 1] (36:06 - 36:07)
use.

[Speaker 4] (36:07 - 36:08)
then they used this and abandoned.

[Speaker 1] (36:09 - 36:09)
Mm-hmm.

[Speaker 3] (36:10 - 36:11)
And just to add,

[Speaker 3] (36:11 - 36:12)
we do spray.

[Speaker 3] (36:12 - 36:15)
As you can see on the receipts from the hardware store we supply.

[Speaker 3] (36:15 - 36:17)
We buy spray paint just like everybody else does,

[Speaker 3] (36:17 - 36:20)
and we spray all the parts of the dumpsters that you can't reach with a brush.

[Speaker 3] (36:20 - 36:22)
We spray bumpers on cars.

[Speaker 3] (36:22 - 36:25)
We spray door jams. There's a Cadillac in there we're working on now.

[Speaker 3] (36:26 - 36:27)
We do spray.

[Speaker 3] (36:27 - 36:29)
It's just we don't spray in a booth.

[Speaker 3] (36:29 - 36:31)
If we weren't to improve to a booth,

[Speaker 3] (36:32 - 36:35)
you take away all of the pollutants that go into the air.

[Speaker 3] (36:35 - 36:41)
And also, with respect to the fact that the kids play behind it, the ventilation system would vent out the side.

[Speaker 3] (36:41 - 36:43)
It would not vent towards the children.

[Speaker 3] (36:43 - 36:51)
But it doesn't matter because what it omits is zero, zero, zero, which is in accordance with DEP law with the booth we would purchase.

[Speaker 3] (36:55 - 36:56)
Out of the Clean Air Act.

[Speaker 1] (36:59 - 37:02)
Fine if there's any problem DEP is going to be right on it.

[Speaker 3] (37:02 - 37:04)
Or the health department or the EPA.

[Speaker 1] (37:04 - 37:10)
Right, this minute there's municipal protection. There is state protection through DEP.

[Speaker 1] (37:11 - 37:14)
And you have liability if

[Speaker 3] (37:14 - 37:17)
And there's all kinds of yearly filings that have to be filed by the operator.

[Speaker 4] (37:25 - 37:28)
Just you have the microphone. Could you just say your name and address first?

[Speaker 6] (37:28 - 37:42)
I'm Cecilia Maribash. I live at 1906th Street. Um I just want to make a small correction. If the permit goes forward, the DEP would no longer have authority to look at the records. It would just be the Board of Health that neighbours could complain to.

[Speaker 7] (37:42 - 37:43)
I I couldn't hear all of that, could you

[Speaker 6] (37:43 - 37:49)
Okay. Um if the if the exemption permit goes forward and um

[Speaker 6] (37:49 - 37:57)
it's approved, the DEP gives up its authority to look at their records or to ask for the detailed monthly records that are meant to be kept.

[Speaker 6] (37:57 - 38:00)
It would just be it would revert, like you said,

[Speaker 6] (38:00 - 38:12)
to the municipal board of health. So the neighbors would only have the avenue to complain to the board of health because the DEP would have released its authority. The other thing I'm confused about is

[Speaker 6] (38:13 - 38:18)
Is ownership of the business and ownership of the property two different things? Because Mr.

[Speaker 6] (38:19 - 38:20)
Angiulo refers to having bought the business,

[Speaker 6] (38:21 - 38:24)
but when I look at whose name is on the deed of the property recently,

[Speaker 6] (38:25 - 38:27)
it's still Bob Wilson and his wife.

[Speaker 6] (38:27 - 38:34)
So are they two different things? Can you buy a business from someone who owns a property and that person can still own the property?

[Speaker 4] (38:37 - 38:38)
bought the property. You

[Speaker 3] (38:38 - 38:38)
We

[Speaker 4] (38:38 - 38:38)
own the

[Speaker 3] (38:38 - 38:38)
own

[Speaker 4] (38:38 - 38:38)
property.

[Speaker 3] (38:38 - 38:40)
the property as Realty Investors LLC.

[Speaker 3] (38:41 - 38:44)
We also bought Lally's LLC from Bob Wilson.

[Speaker 3] (38:44 - 38:46)
It's all been transferred years ago.

[Speaker 3] (38:46 - 38:47)
If you've found that information,

[Speaker 3] (38:48 - 38:48)
it's old documents.

[Speaker 3] (38:48 - 38:49)
And just a comment,

[Speaker 3] (38:50 - 38:57)
you're entitled to make your complaint to the health department. If the health department finds an issue, the health department reaches out and calls the DEP or the EPA.

[Speaker 3] (38:57 - 38:59)
That's how the chain of command works.

[Speaker 4] (39:08 - 39:12)
Anybody want to sort of opine out loud so that

[Speaker 4] (39:13 - 39:17)
we can sort of feel where the board is thinking on this.

[Speaker 1] (39:17 - 39:17)
Sure.

[Speaker 4] (39:17 - 39:25)
I mean we sh I should probably constitute the board um before I do that, so I'm just gonna constitute the board as um everyone through Michelle, is that right?

[Speaker 3] (39:25 - 39:26)
Yes.

[Speaker 4] (39:26 - 39:30)
But you can also accou Oh you can still have an opinion if you'd like.

[Speaker 8] (39:32 - 39:35)
I mean my opin my opinion is that

[Speaker 8] (39:35 - 39:42)
Hopefully in this booth it's going to be consolidated better and tracked better than them spraying

[Speaker 8] (39:43 - 39:44)
with nothing.

[Speaker 1] (39:48 - 39:52)
So if anything it's gonna be a better consolidated situation.

[Speaker 1] (39:53 - 39:53)
They're

[Speaker 2] (39:53 - 39:53)
The word

[Speaker 1] (39:53 - 39:54)
gonna do it either way.

[Speaker 2] (39:54 - 39:56)
the words encapsulated,

[Speaker 1] (39:56 - 39:56)
Encapsulated,

[Speaker 2] (39:56 - 39:57)
filtered

[Speaker 1] (39:57 - 39:57)
encapsulated,

[Speaker 2] (39:57 - 39:58)
and and put back

[Speaker 1] (39:58 - 39:58)
it's

[Speaker 2] (39:58 - 40:05)
into the other right way, whereas a regular person, anybody here can go to Walmart, buy two cases of spray paint and go spray paint on the wall.

[Speaker 2] (40:05 - 40:06)
That's omitting.

[Speaker 2] (40:07 - 40:07)
Um,

[Speaker 1] (40:07 - 40:08)
This is not, we're

[Speaker 2] (40:08 - 40:08)
gas

[Speaker 1] (40:08 - 40:08)
not

[Speaker 2] (40:08 - 40:09)
is into

[Speaker 1] (40:09 - 40:09)
stopping

[Speaker 2] (40:09 - 40:09)
the, yeah.

[Speaker 1] (40:09 - 40:10)
them from spray painting.

[Speaker 1] (40:10 - 40:12)
We're not stopping them from painting.

[Speaker 1] (40:13 - 40:13)
I

[Speaker 3] (40:13 - 40:13)
No,

[Speaker 1] (40:13 - 40:13)
don't know.

[Speaker 3] (40:13 - 40:14)
I'm going,

[Speaker 3] (40:14 - 40:15)
I'm fine with it.

[Speaker 2] (40:16 - 40:16)
What was that,

[Speaker 3] (40:16 - 40:16)
I'm

[Speaker 2] (40:16 - 40:16)
Andy?

[Speaker 3] (40:16 - 40:17)
fine with it.

[Speaker 2] (40:17 - 40:19)
Yeah, I am too. I

[Speaker 2] (40:20 - 40:21)
I

[Speaker 1] (40:22 - 40:22)
It's my

[Speaker 3] (40:22 - 40:22)
The

[Speaker 1] (40:22 - 40:22)
son.

[Speaker 2] (40:22 - 40:23)
idea is

[Speaker 3] (40:23 - 40:29)
candle is a heavily regulated industry and that's out of our jurisdiction and

[Speaker 3] (40:30 - 40:42)
You know, this weather that we miss for two years in one day or whatever, I mean this is going on, this is a garage, this is I I'm fine with it and I agree that it'll be better regulated if

[Speaker 1] (40:42 - 40:42)
Right.

[Speaker 3] (40:42 - 40:43)
anything.

[Speaker 1] (40:50 - 40:50)
Michel.

[Speaker 1] (40:51 - 40:52)
Michel, Michel.

[Speaker 4] (40:52 - 40:54)
Uh I'm I'm torn

[Speaker 4] (40:55 - 41:10)
And I think the issue is the change in business ownership, because yes, you presented the records you have, you haven't owned it that long, so they're all 2025. If we're looking at statute of limitations issues, what do we have for 2024,

[Speaker 4] (41:10 - 41:22)
2023, it's tires. That's not painting. And like you said, you know, we have some evidence on either side, so I'm torn. But I think probably at the end of the day.

[Speaker 4] (41:23 - 41:47)
Because it is a heavily regulated industry once you get the right permits in place and you do all the things you're supposed to do by the DEP, the Board of Health, it is ultimately probably better for the community that you do it correctly and and if there's not enough evidence to suggest otherwise I think I'm leaning towards this is probably okay.

[Speaker 2] (41:47 - 41:49)
I would have to completely agree with you.

[Speaker 5] (41:49 - 41:50)
Good premise, pretty clear.

[Speaker 2] (41:54 - 41:55)
Gotta speak up, Mark, right?

[Speaker 6] (41:57 - 41:57)
So

[Speaker 4] (41:57 - 41:57)
Yeah,

[Speaker 6] (41:57 - 41:59)
this I is what people do oh I'm sorry.

[Speaker 4] (41:59 - 42:03)
that's the people online. M I mean I'm I I'm still, my my feeling is

[Speaker 4] (42:04 - 42:17)
uh I I don't I'm not buying that it this that this had been an auto auto body shop continuously. So the continuous use for me is it is difficult to for me to uh accept, but

[Speaker 4] (42:18 - 42:38)
What I'm having trouble is our by-law very much sums them as the same thing. So it doesn't really separate these two uses out, and that's where I come down on. I don't think that this has been an auto body shop. I think an auto body sh in my mind an auto body shop and a general repair are two s very separate things, but our by-law they are not. In our by-law they are one thing.

[Speaker 4] (42:38 - 42:44)
And that's where we have the problem. You've c it's clearly has been a repair shop um and

[Speaker 4] (42:44 - 42:46)
and that's no one questions that.

[Speaker 4] (42:46 - 42:48)
But, um,

[Speaker 4] (42:49 - 43:07)
you know, most people think a collision, you if you if you have a an accident, you go to a d you might not go to your regular repair guy. A collision person is a specialist and they're different. And I think most people see those two as very separate. Our by-law does mention them as one thing. Um and that's sort of where my disconnect is. Um

[Speaker 2] (43:08 - 43:10)
So with regard to that, if you get in an accident,

[Speaker 2] (43:11 - 43:13)
You have mechanical damage to your car.

[Speaker 2] (43:13 - 43:24)
The same shop fixes the mechanical damage. In other words, if you hit a curb, blew a tyre and smashed your wheel into your fender, I'm gonna fix the tyre, straighten out the frame, put it back together.

[Speaker 2] (43:25 - 43:29)
But I'm also gonna fix the fender and paint it if I'm a body shop. In today's world,

[Speaker 2] (43:30 - 43:35)
no body shop just does body work. They're gonna fix the mechanical part too because there's some heavy lifting and some

[Speaker 1] (43:35 - 43:35)
But

[Speaker 2] (43:35 - 43:35)
money

[Speaker 1] (43:35 - 43:35)
there's

[Speaker 2] (43:35 - 43:35)
in it.

[Speaker 1] (43:35 - 43:37)
a lot of mechanics that are not body mechanics.

[Speaker 2] (43:37 - 43:40)
Agreed, there's a lot of body shops that are mechanics too,

[Speaker 1] (43:40 - 43:40)
Right,

[Speaker 2] (43:40 - 43:40)
right?

[Speaker 1] (43:40 - 43:40)
right.

[Speaker 2] (43:40 - 43:42)
But a lot of both.

[Speaker 1] (43:42 - 43:42)
Yeah.

[Speaker 7] (43:48 - 43:53)
I think that we could probably debate this, like, ad nauseum.

[Speaker 7] (43:54 - 43:56)
For me, there's two issues.

[Speaker 7] (43:56 - 43:58)
One is that this

[Speaker 7] (44:00 - 44:02)
notion that they're going to do it anyway,

[Speaker 7] (44:02 - 44:04)
it's the same thing.

[Speaker 7] (44:05 - 44:16)
is not helpful for us because if somebody comes in and they've got a fender bender and you're doing a spray can to fix one spot,

[Speaker 7] (44:16 - 44:17)
the amount,

[Speaker 7] (44:17 - 44:31)
the volume of what you are producing in that space is an entirely different situation than running a full-on body shop where you are actually spraying full cars,

[Speaker 7] (44:31 - 44:34)
which is, of course, why you need the specialized equipment.

[Speaker 7] (44:35 - 44:45)
The problem is that this level of shop at this size is under thresholds for anybody to care about compliance.

[Speaker 7] (44:45 - 44:49)
So once this permit actually goes through,

[Speaker 7] (44:49 - 45:01)
the likelihood that anyone from any type of authority will be checking on whether or not there's a proper downdraft and that that thing is actually doing what it's supposed to be doing.

[Speaker 7] (45:01 - 45:02)
is very,

[Speaker 7] (45:02 - 45:04)
is slim to none in my opinion.

[Speaker 7] (45:05 - 45:11)
The other question I would just have maybe to all of you is your comment early on,

[Speaker 7] (45:11 - 45:16)
like this is only a discussion because it's grandfathered.

[Speaker 7] (45:17 - 45:19)
My question to the zoning board is then,

[Speaker 7] (45:20 - 45:21)
why is that?

[Speaker 7] (45:21 - 45:32)
Would this type of a business not be allowed in our community in a dense residential area like this now if it were not grandfathered? And if that is true,

[Speaker 7] (45:32 - 45:42)
then why are we even having this discussion? Why isn't the nature of that new regulation not as equal weight to considering?

[Speaker 7] (45:43 - 45:44)
the grandfathered question.

[Speaker 4] (45:44 - 45:53)
So it isn't a B1 and our use of our zoning bylaw of B1 cannot have a repair shop at all.

[Speaker 4] (45:53 - 46:01)
But if a repair shop exists then that can continue that use can continue and in our zoning bylaw it also

[Speaker 4] (46:02 - 46:27)
refers to a motor vehicle general and body. It says m it even doesn't even say the word repair until the end, it says motor vehicle general and body repair, as if it's one thing. Um and then it defines that. And that's really where we're at. If these are I understand sort of that we think of them as two separate businesses, but our zoning by-law considers them one and the same. And if something's existed

[Speaker 4] (46:28 - 46:30)
is allowed to continue to exist.

[Speaker 6] (46:30 - 46:31)
And even if it was separate,

[Speaker 6] (46:31 - 46:38)
the zoning act 40A section six protects pre-existing non-conforming uses, the so-called grandfathered use.

[Speaker 6] (46:39 - 46:43)
And what that does, it not only protects that use to continue,

[Speaker 6] (46:44 - 46:55)
but it allows essentially an accessory use to that existing use so long as it is not substantially more detrimental to the neighborhood than the existing use.

[Speaker 6] (46:55 - 47:01)
So our by-law defining those two things together, the general repair and the body shop,

[Speaker 6] (47:02 - 47:22)
tells us that the way that the intent under the by-law is looks like to treat those as the equivalent. So that so there's the the applicant has two roads to being able to put in this paint booth and have the body repair work and paint booth uh as a use.

[Speaker 6] (47:22 - 47:24)
One is the grandfathered use.

[Speaker 6] (47:25 - 47:27)
If you can prove that, it seems that there's some questions whether the board,

[Speaker 6] (47:27 - 47:39)
members of the board agree to that. And then the second is if it is a pre-existing non-conforming use, which I think everyone agrees that it is as general repair,

[Speaker 6] (47:40 - 47:42)
then is the paint booth,

[Speaker 6] (47:42 - 47:52)
the addition of the paint booth just simply a permitted expansion of the use that's protected under 48 Section 6. You know, that's the way I am leaning. I think

[Speaker 6] (47:52 - 48:15)
That this likely not is some evidence of the continuous use. I don't know that it's enough to meet the burden, but I think that from just one vote the um that the use for the paint booth is an extension of the pre-existing non-confirming use under the intent of our by-law.

[Speaker 6] (48:15 - 48:17)
And in terms of the worries about

[Speaker 6] (48:18 - 48:33)
environmental issues relief can be conditioned upon certain compliance right so we've heard from the applicant that there's going to be zero emissions we can condition our relief it's

[Speaker 3] (48:33 - 48:34)
Yeah, but that's not our purview.

[Speaker 3] (48:34 - 48:36)
I mean, that's the purview of

[Speaker 6] (48:36 - 48:43)
not our purview but we can we can we can specifically condition that it complies and if and perhaps once it's up and operational to have a

[Speaker 6] (48:44 - 48:49)
certification from the installer. Or have some there's independent places that test. I mean I

[Speaker 2] (48:49 - 48:52)
Mark, if I could interrupt for one second just to rebut what she said.

[Speaker 2] (48:52 - 48:58)
Six aerosol cans of spray paint released into the ozone is much worse than painting a full car on a spray booth.

[Speaker 6] (48:58 - 48:59)
I I understand that.

[Speaker 2] (48:59 - 49:07)
Also, also there is much and many, many requirements in physical testing for this booth to get inspected. I believe it's quarterly.

[Speaker 2] (49:08 - 49:12)
So there's no games with this. This booth is licensed by the state.

[Speaker 2] (49:13 - 49:15)
It's not like we just buy one and say,

[Speaker 2] (49:15 - 49:16)
okay, don't change the filters, nobody cares.

[Speaker 2] (49:16 - 49:23)
This is a very specific unit, and it will tell the body shop when the filters need to be changed.

[Speaker 2] (49:23 - 49:24)
It has all monitoring stuff.

[Speaker 2] (49:24 - 49:26)
It's not like we bought this at an auction sale.

[Speaker 6] (49:27 - 49:28)
Right, right.

[Speaker 2] (49:28 - 49:28)
This is

[Speaker 6] (49:28 - 49:29)
I understand that.

[Speaker 2] (49:29 - 49:30)
brand new equipment.

[Speaker 6] (49:30 - 49:37)
I'm just suggesting I think that having a condition for some type of certification,

[Speaker 6] (49:37 - 49:39)
maybe the certification they're already required to have under.

[Speaker 2] (49:41 - 49:41)
If you

[Speaker 1] (49:41 - 49:41)
I

[Speaker 2] (49:41 - 49:41)
if

[Speaker 1] (49:41 - 49:41)
don't

[Speaker 2] (49:41 - 49:42)
you po

[Speaker 1] (49:42 - 49:42)
know.

[Speaker 2] (49:42 - 49:45)
if you pull it up online it comes right up, it's it's state inspected.

[Speaker 1] (49:45 - 49:47)
So that's that's what I'm looking for, that you

[Speaker 3] (49:47 - 49:47)
Oh,

[Speaker 1] (49:47 - 49:47)
comply

[Speaker 3] (49:47 - 49:47)
it's state

[Speaker 1] (49:47 - 49:47)
with

[Speaker 3] (49:47 - 49:48)
inspected.

[Speaker 1] (49:48 - 49:54)
all of that and that there's a certification that it's complying with Massachusetts law and federal law.

[Speaker 1] (49:55 - 49:56)
I I think that's a very basic

[Speaker 4] (49:56 - 49:56)
That's

[Speaker 1] (49:56 - 49:56)
condition.

[Speaker 4] (49:56 - 50:06)
like giving giving permission to a special permit and telling the guy as a condition the special permit you have to go get a building you know a building permit.

[Speaker 1] (50:06 - 50:08)
I don't think you need to get a building permit to

[Speaker 4] (50:08 - 50:08)
No,

[Speaker 1] (50:08 - 50:08)
have that.

[Speaker 4] (50:08 - 50:09)
no I'm just saying that

[Speaker 1] (50:09 - 50:10)
They're saying it's it's

[Speaker 4] (50:10 - 50:10)
It's

[Speaker 1] (50:10 - 50:10)
analogous.

[Speaker 5] (50:10 - 50:12)
You're saying because of course you need a build his his point is of course

[Speaker 4] (50:12 - 50:12)
Yeah.

[Speaker 5] (50:12 - 50:13)
you Yes. need a build.

[Speaker 2] (50:13 - 50:14)
Right right right.

[Speaker 5] (50:14 - 50:14)
A

[Speaker 4] (50:14 - 50:14)
Permit.

[Speaker 5] (50:14 - 50:14)
You can't build

[Speaker 4] (50:14 - 50:14)
It's like

[Speaker 5] (50:14 - 50:14)
without a building permit.

[Speaker 4] (50:14 - 50:19)
when we try and do traffic the traffic is you know once it's over like it's not.

[Speaker 4] (50:20 - 50:20)
That's got

[Speaker 1] (50:20 - 50:20)
Right.

[Speaker 4] (50:20 - 50:20)
to be a qualified.

[Speaker 4] (50:21 - 50:22)
Yeah, that's all I'm saying.

[Speaker 1] (50:22 - 50:22)
Yep.

[Speaker 4] (50:22 - 50:24)
I think it's a bad precedent to

[Speaker 5] (50:24 - 50:26)
So we're not the enforcement body at

[Speaker 4] (50:26 - 50:26)
Right,

[Speaker 5] (50:26 - 50:27)
that point.

[Speaker 4] (50:27 - 50:27)
right.

[Speaker 1] (50:27 - 50:36)
But I think a regular condition that we've put in is that you comply with all other requirements of any other board.

[Speaker 2] (50:36 - 50:37)
State and federal regulations.

[Speaker 1] (50:37 - 50:39)
Yep. So I mean, I think that's fair.

[Speaker 6] (50:40 - 50:46)
Are you required to, I guess, have that inspection report anywhere,

[Speaker 6] (50:46 - 50:47)
like posted?

[Speaker 2] (50:47 - 50:49)
They would keep it right in the shop, yes.

[Speaker 6] (50:49 - 50:49)
Okay.

[Speaker 2] (50:49 - 50:53)
'Cause they the spectre can come at any time, city, state or federal.

[Speaker 2] (50:55 - 51:00)
Just like a a liquor establishment would have the liquor licence on the wall, you'd have the licence for the booth.

[Speaker 6] (51:01 - 51:01)
Mm-hmm.

[Speaker 2] (51:01 - 51:08)
And I know there was some concern about the model number and what it was all about. And when we finally get to that point, we'll be happy to supply all that.

[Speaker 2] (51:09 - 51:11)
But of course, if you make it past this step,

[Speaker 2] (51:11 - 51:15)
you have to go apply for a license and we have to do some construction and get approved by the building department.

[Speaker 2] (51:15 - 51:17)
There's other steps that follow this.

[Speaker 5] (51:19 - 51:20)
If another question?

[Speaker 7] (51:20 - 51:21)
Thank you. Yes,

[Speaker 7] (51:21 - 51:27)
I'd like to challenge the notion of 100% encapsulation. I know you've made it clear to me that it's not in your jurisdiction,

[Speaker 7] (51:27 - 51:36)
but mechanical things can fail all the time, and the D the EPA and its state partner,

[Speaker 7] (51:36 - 51:39)
the DEP, they

[Speaker 7] (51:40 - 51:42)
They look at larger,

[Speaker 7] (51:42 - 51:43)
like Elaine said,

[Speaker 7] (51:43 - 51:54)
this is kind of a small business under the radar. They look at larger industry to see if they are complying, but industry is supposed to self-report a pollution violation.

[Speaker 7] (51:57 - 52:05)
So what they're looking at is larger industries that do that. If you look at the research of self-reporting of industry on pollution violations,

[Speaker 7] (52:05 - 52:09)
it's really poor because what they're doing,

[Speaker 7] (52:09 - 52:13)
what their 100% attention is focused on is their production,

[Speaker 7] (52:13 - 52:18)
whatever their production is, whether it's painting cars or building oil wells or constructing,

[Speaker 7] (52:18 - 52:19)
you know, whatever,

[Speaker 7] (52:20 - 52:22)
self-reporting comes.

[Speaker 7] (52:23 - 52:32)
at the last step because they're going to be interested in completing their production first. And like I said, if you look at the research on self-report, it's really poor.

[Speaker 2] (52:33 - 52:36)
So we have a quick explanation of 100% encapsulation.

[Speaker 2] (52:37 - 52:39)
The booth doesn't operate unless the door is closed.

[Speaker 2] (52:39 - 52:40)
The booth is sealed.

[Speaker 2] (52:41 - 52:43)
Everything goes out through the filtered ventilation system.

[Speaker 2] (52:43 - 52:45)
So when I say 100% encapsulated,

[Speaker 2] (52:46 - 52:49)
I mean we're not spraying cars in the parking lot and we're not spraying cars inside the shop.

[Speaker 2] (52:49 - 52:51)
We're spraying them in the booth.

[Speaker 2] (52:52 - 52:53)
Then it does its job.

[Speaker 2] (52:54 - 52:55)
If it won't operate,

[Speaker 2] (52:55 - 52:58)
meaning if the filter is full or if there's a system failure,

[Speaker 2] (52:58 - 53:01)
the heat won't turn on in the booth and you can't paint the car.

[Speaker 2] (53:02 - 53:07)
There's all steps to prevent any type of what this woman is referring to.

[Speaker 4] (53:09 - 53:10)
This is we're going around in circles.

[Speaker 5] (53:10 - 53:11)
Yeah.

[Speaker 6] (53:11 - 53:11)
Yep.

[Speaker 5] (53:11 - 53:15)
So I think I'm, for me the um

[Speaker 5] (53:17 - 53:35)
For me if the if they were two separate uses I would say it's not grandfathered in and that you can't have this use. But because our by-law has it as the same one in the same and doesn't separate the mass two separate uses I don't I think we're sort of in a out of place where um the way this is written

[Speaker 5] (53:37 - 53:43)
it it it an auto body shop is a general repair shop and there is no difference. Um so that's where I'm at.

[Speaker 6] (53:45 - 53:46)
Me too.

[Speaker 5] (53:46 - 53:50)
Alright, so does somebody want to make a motion?

[Speaker 4] (53:53 - 53:55)
Um, can we get Sam to write the motion.

[Speaker 1] (53:55 - 53:58)
Yeah, if I can get Sam to write the, uh, decision, it'll be

[Speaker 5] (53:58 - 53:58)
Yeah,

[Speaker 1] (53:58 - 53:58)
much

[Speaker 5] (53:58 - 53:59)
Sam would

[Speaker 1] (53:59 - 53:59)
easier.

[Speaker 5] (53:59 - 54:00)
write it. Um

[Speaker 1] (54:00 - 54:01)
Alright, I'll I'll, so we have

[Speaker 5] (54:01 - 54:01)
so

[Speaker 1] (54:01 - 54:01)
first.

[Speaker 5] (54:01 - 54:11)
and I I am okay with conditioning um that I get, I I understand what you're saying is the same as saying you need a building permit, well of course you can't build without a building permit,

[Speaker 1] (54:11 - 54:11)
Yep.

[Speaker 5] (54:11 - 54:12)
but there seems to be some

[Speaker 5] (54:16 - 54:42)
like lack of understanding on the board as to what sort of because this isn't something we do every day I don't know how often a booth is inspected and where that report goes and how the neighbors have access access to those reports and or how the health department gets access to those reports so I'd like I'm okay with conditioning that all the state and local reports are somehow

[Speaker 5] (54:43 - 54:43)
Oh,

[Speaker 2] (54:43 - 54:43)
It

[Speaker 5] (54:43 - 54:43)
accessible.

[Speaker 2] (54:43 - 54:45)
would it would be ISD,

[Speaker 2] (54:46 - 54:46)
Inspectional Services.

[Speaker 5] (54:47 - 54:48)
Inspectional Services.

[Speaker 2] (54:48 - 54:48)
Yes.

[Speaker 5] (54:49 - 54:49)
And

[Speaker 2] (54:49 - 54:50)
They're the overseer.

[Speaker 5] (54:50 - 54:51)
the what's that?

[Speaker 2] (54:51 - 54:53)
They're the overseer. They watch over it.

[Speaker 5] (54:53 - 54:55)
Over the booths.

[Speaker 2] (54:55 - 54:58)
Yes. Over the body shops, over the mechanical shops, same with the fire department.

[Speaker 2] (54:58 - 55:00)
Random fire inspections.

[Speaker 2] (55:00 - 55:00)
It's yearly.

[Speaker 2] (55:01 - 55:05)
They check the system, they check the extinguishers, they check all the tags. It's the same sort of thing.

[Speaker 5] (55:06 - 55:14)
But I would be comfortable with conditioning that any time an inspection or a report is done that that's filed with our Health Department,

[Speaker 5] (55:14 - 55:15)
so

[Speaker 2] (55:15 - 55:15)
That's agreeable.

[Speaker 5] (55:15 - 55:32)
that we at least we know that it's it's getting reported as far as whether it's passed or not that you're required to any time there's an inspection to file the results of that inspection with our Health Department. Does anybody else feel comfortable with that conditioning?

[Speaker 4] (55:33 - 55:33)
Sure.

[Speaker 8] (55:33 - 55:34)
That would be fine

[Speaker 1] (55:34 - 55:34)
Fine with that.

[Speaker 6] (55:34 - 55:34)
Yeah.

[Speaker 4] (55:38 - 55:39)
Okay, you just wrapped the decision.

[Speaker 5] (55:39 - 55:39)
Thank you.

[Speaker 9] (55:40 - 55:40)
Mm.

[Speaker 9] (55:41 - 55:42)
I believe that's right.

[Speaker 9] (55:42 - 55:43)
Exactly.

[Speaker 1] (55:43 - 55:46)
So, I'll make a motion to close the public hearing

[Speaker 5] (55:46 - 55:47)
Yeah, closing.

[Speaker 1] (55:47 - 55:47)
and I'll second.

[Speaker 4] (55:47 - 55:48)
I'll second.

[Speaker 5] (55:49 - 55:49)
All in favour of

[Speaker 1] (55:49 - 55:49)
Aye.

[Speaker 5] (55:49 - 55:50)
closing the public

[Speaker 9] (55:50 - 55:50)
Alright.

[Speaker 5] (55:50 - 55:51)
hearing? Bye.

[Speaker 1] (55:51 - 55:54)
Uh and I'll make a motion to approve petition

[Speaker 1] (55:56 - 55:59)
um twenty five dash seventeen

[Speaker 1] (56:01 - 56:03)
uh to make a finding

[Speaker 1] (56:04 - 56:27)
that the addition of the spray booth as proposed being what is attached to the petitioner's memorandum submitted today from Infratec or its equivalent be permitted to be installed and used as an expansion.

[Speaker 1] (56:31 - 56:42)
of the existing use for general repair conditioned upon there being compliance with all federal,

[Speaker 1] (56:43 - 56:43)
state,

[Speaker 1] (56:43 - 56:45)
and local regulations governing

[Speaker 1] (56:46 - 56:53)
the use of a spray booth or paint in this proposed and actual use.

[Speaker 1] (56:57 - 56:59)
I think that's all I need to Condition think.

[Speaker 9] (56:59 - 57:00)
on any report being

[Speaker 1] (57:00 - 57:01)
And conditioned

[Speaker 9] (57:01 - 57:01)
decision

[Speaker 1] (57:01 - 57:01)
on any

[Speaker 9] (57:01 - 57:02)
about local health

[Speaker 1] (57:02 - 57:03)
reports

[Speaker 9] (57:03 - 57:03)
care.

[Speaker 1] (57:03 - 57:11)
or inspections that are taken by any state, local, or federal agency as being provided uh to the board of health

[Speaker 1] (57:12 - 57:18)
within uh fourteen days of receipt of any report and inspection.

[Speaker 9] (57:19 - 57:19)
Okay, second.

[Speaker 4] (57:20 - 57:20)
Second.

[Speaker 9] (57:20 - 57:22)
All in favor,

[Speaker 9] (57:22 - 57:22)
aye.

[Speaker 2] (57:22 - 57:22)
Aye.

[Speaker 4] (57:22 - 57:23)
Aye.

[Speaker 2] (57:23 - 57:23)
Aye.

[Speaker 2] (57:23 - 57:23)
Aye.

[Speaker 9] (57:25 - 57:26)
Yeah.

[Speaker 2] (57:26 - 57:26)
Thank you very much.

[Speaker 6] (57:26 - 57:29)
If you could ask Sam if he can write the a draft

[Speaker 2] (57:29 - 57:29)
I

[Speaker 6] (57:29 - 57:29)
petition for

[Speaker 2] (57:29 - 57:29)
will

[Speaker 6] (57:29 - 57:30)
me.

[Speaker 2] (57:30 - 57:32)
bring that up in the morning. He's still in Lynne

[Speaker 6] (57:32 - 57:32)
Alright, okay.

[Speaker 2] (57:32 - 57:36)
with a different situation. But I'll talk to him in the morning and get back to you. Thank you very much.

[Speaker 5] (57:47 - 57:53)
So, Susan, I should have left you on that one, but I forgot your off speech. I should have left you on that one, but I forgot your

[Speaker 10] (57:53 - 57:53)
off speech.

[Speaker 4] (57:54 - 57:54)
Who's this next to

[Speaker 9] (57:54 - 57:55)
No,

[Speaker 4] (57:55 - 57:55)
me?

[Speaker 9] (57:55 - 57:55)
are I?

[Speaker 5] (57:55 - 57:55)
Next to

[Speaker 4] (57:55 - 57:55)
Or

[Speaker 5] (57:55 - 57:55)
our

[Speaker 4] (57:55 - 57:56)
could I

[Speaker 5] (57:56 - 57:56)
xerox

[Speaker 4] (57:56 - 57:57)
speak, can I talk about them or no?

[Speaker 5] (57:57 - 57:58)
No.

[Speaker 4] (57:58 - 57:58)
Can you You introduce

[Speaker 5] (57:58 - 57:59)
can even

[Speaker 4] (57:59 - 57:59)
me?

[Speaker 5] (57:59 - 57:59)
leave if you wanted to.

[Speaker 4] (57:59 - 58:00)
Alright, yeah.

[Speaker 5] (58:00 - 58:02)
You don't don't feel um I'm

[Speaker 4] (58:02 - 58:02)
Well, I'm

[Speaker 5] (58:02 - 58:03)
sure I've noticed a butter, right?

[Speaker 4] (58:03 - 58:05)
I'm a butter to both, yeah.

[Speaker 5] (58:05 - 58:07)
To both, okay yeah. I mean

[Speaker 4] (58:09 - 58:10)
I'm just curious.

[Speaker 5] (58:11 - 58:21)
Yeah, I mean you can definitely stay. Um alright we're here for uh the next petitions are as um petition number twenty five eighteen which is for um

[Speaker 5] (58:22 - 58:23)
number 80 Puritan Road.

[Speaker 5] (58:28 - 58:31)
And in this

[Speaker 5] (58:38 - 58:42)
In this case we have an abutter on the board so she's going to recuse herself.

[Speaker 11] (58:42 - 58:43)
Oh, okay.

[Speaker 5] (58:47 - 58:48)
Alright.

[Speaker 5] (58:49 - 58:49)
Yes, please.

[Speaker 12] (58:50 - 58:51)
Ready? Okay.

[Speaker 5] (58:51 - 58:52)
Yes, please tell us about your petition.

[Speaker 12] (58:52 - 58:56)
So is this is a uh a two-story, two-family

[Speaker 12] (58:57 - 58:58)
with a hip roof.

[Speaker 12] (58:59 - 59:08)
Uh what I want to do is uh add a bedroom uh to an unfinished attic area and uh change the hip roof to a gable.

[Speaker 12] (59:11 - 59:15)
And the rear is non-conforming.

[Speaker 12] (59:16 - 59:21)
So we'll just be going straight up, not extending that kind of forming.

[Speaker 12] (59:30 - 59:31)
What's that?

[Speaker 4] (59:31 - 59:33)
What's the size of the third floor?

[Speaker 12] (59:33 - 59:34)
It's it'd be a half.

[Speaker 1] (59:36 - 59:36)
So it's the

[Speaker 2] (59:36 - 59:38)
it's half the size of the

[Speaker 2] (59:38 - 59:39)
s floor below.

[Speaker 1] (59:41 - 59:43)
Okay, it's one floor over.

[Speaker 3] (1:00:13 - 1:00:14)
It's currently a two family, correct?

[Speaker 2] (1:00:14 - 1:00:14)
Yes, it is.

[Speaker 3] (1:00:14 - 1:00:20)
Is the third family I mean, is the is the third story um going to be a separate

[Speaker 2] (1:00:20 - 1:00:21)
Well it's a half story.

[Speaker 3] (1:00:21 - 1:00:22)
It's a ha but yes,

[Speaker 2] (1:00:22 - 1:00:22)
Yeah,

[Speaker 3] (1:00:22 - 1:00:23)
I'm sorry, the

[Speaker 2] (1:00:23 - 1:00:23)
it'll

[Speaker 3] (1:00:23 - 1:00:23)
the top

[Speaker 2] (1:00:23 - 1:00:23)
be it'll

[Speaker 3] (1:00:23 - 1:00:23)
floor.

[Speaker 2] (1:00:23 - 1:00:25)
be part of the second floor.

[Speaker 3] (1:00:25 - 1:00:25)
Part of the second floor, yeah.

[Speaker 2] (1:00:25 - 1:00:26)
Yeah.

[Speaker 3] (1:00:28 - 1:00:28)
Next question.

[Speaker 1] (1:00:31 - 1:00:31)
Thank you.

[Speaker 4] (1:00:32 - 1:00:34)
So it'll it'll stay a two family?

[Speaker 1] (1:00:34 - 1:00:34)
Yes.

[Speaker 2] (1:00:34 - 1:00:35)
Yes.

[Speaker 3] (1:00:50 - 1:00:51)
I'm going to look at, oh here we go.

[Speaker 3] (1:02:05 - 1:02:12)
covered with the deck being sort of a covered deck okay should that

[Speaker 3] (1:02:15 - 1:02:19)
be where the setback is as opposed to the building the

[Speaker 5] (1:02:21 - 1:02:24)
Covered deck is included for setback.

[Speaker 3] (1:02:25 - 1:02:28)
so that's so we I don't think the setbacks are accurate on the application

[Speaker 5] (1:02:32 - 1:02:35)
So which deck is covered? These ones on this one

[Speaker 3] (1:02:35 - 1:02:35)
On

[Speaker 5] (1:02:35 - 1:02:35)
here

[Speaker 3] (1:02:35 - 1:02:35)
the side,

[Speaker 5] (1:02:35 - 1:02:35)
on the first floor?

[Speaker 3] (1:02:35 - 1:02:36)
yeah, where

[Speaker 5] (1:02:36 - 1:02:39)
But he has, but doesn't this show in 5.9 feet?

[Speaker 3] (1:02:39 - 1:02:42)
Yeah, the application has the side yard setback as

[Speaker 5] (1:02:42 - 1:02:43)
Is 16.

[Speaker 3] (1:02:43 - 1:02:44)
the 16.

[Speaker 5] (1:02:44 - 1:02:47)
Yeah, no, it should be 5.9, but it's protected.

[Speaker 3] (1:02:47 - 1:02:52)
Yeah. But now our the the additional deck though is

[Speaker 3] (1:02:55 - 1:02:56)
sort of um

[Speaker 5] (1:02:57 - 1:03:00)
It's going right to that. It's under Balalta.

[Speaker 5] (1:03:01 - 1:03:04)
It's not increasing the non-conformity

[Speaker 3] (1:03:04 - 1:03:04)
Yep,

[Speaker 5] (1:03:04 - 1:03:05)
if it's yep. going right up to it.

[Speaker 3] (1:03:05 - 1:03:05)
Yep.

[Speaker 3] (1:03:13 - 1:03:17)
Now if the deck was open I mean it's a difference that now it's covered and before it was open.

[Speaker 2] (1:03:18 - 1:03:19)
Yes.

[Speaker 5] (1:03:19 - 1:03:19)
Oh,

[Speaker 3] (1:03:19 - 1:03:19)
So that's

[Speaker 5] (1:03:19 - 1:03:19)
yeah.

[Speaker 3] (1:03:19 - 1:03:21)
that's my that's my concern. So

[Speaker 5] (1:03:21 - 1:03:21)
Well,

[Speaker 3] (1:03:21 - 1:03:21)
yeah,

[Speaker 5] (1:03:21 - 1:03:23)
that's a good point. So it's not covered currently?

[Speaker 3] (1:03:23 - 1:03:25)
it's an oh it's one deck.

[Speaker 5] (1:03:25 - 1:03:27)
And it's open to the sky.

[Speaker 3] (1:03:27 - 1:03:28)
And it's open to the sky.

[Speaker 5] (1:03:28 - 1:03:29)
So I So that,

[Speaker 3] (1:03:29 - 1:03:29)
it's a partition.

[Speaker 5] (1:03:29 - 1:03:31)
so it is going

[Speaker 3] (1:03:31 - 1:03:31)
That's

[Speaker 5] (1:03:31 - 1:03:32)
uh it's

[Speaker 3] (1:03:32 - 1:03:32)
what I'm saying, yeah.

[Speaker 5] (1:03:32 - 1:03:35)
going from sixteen to six.

[Speaker 5] (1:03:36 - 1:03:38)
It is an increase in the non-conforming nature.

[Speaker 3] (1:03:38 - 1:03:39)
I know.

[Speaker 5] (1:03:39 - 1:03:39)
That's a good catch.

[Speaker 3] (1:03:41 - 1:03:51)
And why is that? So an oa a a deck that doesn't that's uncovered doesn't count i as part of as being in in the step back, but if it's covered, it's

[Speaker 3] (1:03:51 - 1:03:52)
It comes as part of the structure.

[Speaker 4] (1:03:53 - 1:03:56)
And with the addition of the deck, it becomes The covered,

[Speaker 3] (1:03:56 - 1:03:56)
it becomes

[Speaker 4] (1:03:56 - 1:03:56)
so

[Speaker 3] (1:03:56 - 1:04:02)
covered, yeah, with the addition of the uh upstairs deck. So that's sort of that was the only thing that sort of stood out to me about this was the deck.

[Speaker 3] (1:04:03 - 1:04:04)
Um

[Speaker 1] (1:04:08 - 1:04:09)
We're gonna cut that deck back in half.

[Speaker 5] (1:04:12 - 1:04:13)
W what what's the

[Speaker 1] (1:04:13 - 1:04:16)
We're gonna cut the deck back in half, this third floor deck.

[Speaker 5] (1:04:18 - 1:04:22)
You could cut it to make it um smaller so you're not

[Speaker 1] (1:04:22 - 1:04:22)
It's

[Speaker 5] (1:04:22 - 1:04:22)
within

[Speaker 1] (1:04:22 - 1:04:22)
not so

[Speaker 5] (1:04:22 - 1:04:23)
the setbacks,

[Speaker 1] (1:04:23 - 1:04:23)
it's not

[Speaker 5] (1:04:23 - 1:04:23)
you're at setback.

[Speaker 1] (1:04:23 - 1:04:26)
so all the way you know, it goes

[Speaker 3] (1:04:26 - 1:04:26)
Right, right.

[Speaker 1] (1:04:26 - 1:04:28)
fifty percent of the way out there.

[Speaker 5] (1:04:29 - 1:04:39)
Yep. Right, because the problem is it's going into the side yard setback and it's making that first floor deck or the second floor deck in this non non-conforming.

[Speaker 3] (1:04:39 - 1:04:40)
Non-conforming, yeah.

[Speaker 5] (1:04:40 - 1:04:42)
Yeah, I think the second floor deck's gotta be

[Speaker 5] (1:04:43 - 1:04:43)
smaller.

[Speaker 5] (1:04:44 - 1:04:44)
It's

[Speaker 2] (1:04:44 - 1:04:49)
Excuse me, how is the, how do you consider it covered?

[Speaker 2] (1:04:50 - 1:04:51)
Because

[Speaker 5] (1:04:51 - 1:04:51)
It hasn't,

[Speaker 2] (1:04:51 - 1:04:51)
if that deck

[Speaker 5] (1:04:51 - 1:04:53)
if it's not open to the sky,

[Speaker 5] (1:04:53 - 1:04:57)
it won't be after, so the second floor deck will be covered by the third floor deck.

[Speaker 5] (1:04:58 - 1:05:00)
So it will,

[Speaker 5] (1:05:00 - 1:05:06)
the second floor deck then becomes a covered deck and the side yard setback would

[Speaker 5] (1:05:07 - 1:05:15)
after construction be six feet, less than six feet, whereas now it's sixteen feet. So you're increasing the non-conforming nature

[Speaker 1] (1:05:15 - 1:05:16)
What's the side yard setback?

[Speaker 5] (1:05:16 - 1:05:18)
the side yard set-back, you're increasing

[Speaker 1] (1:05:18 - 1:05:19)
What's what's this required

[Speaker 5] (1:05:19 - 1:05:20)
Oh, in this in

[Speaker 3] (1:05:20 - 1:05:21)
Seven and a half.

[Speaker 5] (1:05:21 - 1:05:22)
the short oh, seven and a half, yes, so you're

[Speaker 3] (1:05:22 - 1:05:26)
And so you're at six. So you'd have to just make the top deck um

[Speaker 3] (1:05:27 - 1:05:28)
so that it was

[Speaker 2] (1:05:29 - 1:05:31)
Would fit in the conformity,

[Speaker 3] (1:05:31 - 1:05:31)
It would

[Speaker 2] (1:05:31 - 1:05:31)
the

[Speaker 3] (1:05:31 - 1:05:31)
be yeah.

[Speaker 2] (1:05:31 - 1:05:31)
side setback.

[Speaker 3] (1:05:31 - 1:05:34)
So that so the so the top deck would have to be at least

[Speaker 2] (1:05:34 - 1:05:34)
Seven and

[Speaker 3] (1:05:34 - 1:05:34)
seven

[Speaker 2] (1:05:34 - 1:05:35)
a and half

[Speaker 3] (1:05:35 - 1:05:35)
a half.

[Speaker 2] (1:05:35 - 1:05:35)
feet.

[Speaker 3] (1:05:35 - 1:05:36)
Yeah.

[Speaker 2] (1:05:36 - 1:05:37)
from this

[Speaker 1] (1:05:37 - 1:05:37)
From the side yard.

[Speaker 6] (1:05:37 - 1:05:38)
Yeah, but you

[Speaker 2] (1:05:38 - 1:05:38)
right.

[Speaker 6] (1:05:38 - 1:05:42)
could you could ask for a dimensional special permit and wait get rid

[Speaker 1] (1:05:42 - 1:05:42)
You

[Speaker 6] (1:05:42 - 1:05:43)
of that

[Speaker 1] (1:05:43 - 1:05:49)
could ask for a dimensional special permit to get to six feet to six for the one and a half by twenty percent.

[Speaker 6] (1:05:49 - 1:05:54)
Right and now we're talking about 4.9, so we're clipping them for two inches.

[Speaker 1] (1:05:55 - 1:05:55)
Yeah, stick

[Speaker 6] (1:05:55 - 1:05:56)
In fact

[Speaker 1] (1:05:56 - 1:05:56)
two inches off.

[Speaker 6] (1:05:56 - 1:06:00)
we measure the 5.9 might be six the next time you measure.

[Speaker 6] (1:06:02 - 1:06:03)
No, I'm just saying.

[Speaker 1] (1:06:05 - 1:06:06)
I hope not.

[Speaker 1] (1:06:06 - 1:06:06)
Three.

[Speaker 5] (1:06:06 - 1:06:06)
Yeah.

[Speaker 3] (1:06:09 - 1:06:10)
Um, I'm

[Speaker 3] (1:06:11 - 1:06:13)
I'm sorry,

[Speaker 3] (1:06:13 - 1:06:15)
I'm just looking for the, here we go. Here we go.

[Speaker 1] (1:06:16 - 1:06:18)
And the second floor deck,

[Speaker 1] (1:06:18 - 1:06:20)
is that in good shape? Are you replacing that as part

[Speaker 2] (1:06:20 - 1:06:20)
of Actually,

[Speaker 1] (1:06:20 - 1:06:20)
this?

[Speaker 2] (1:06:20 - 1:06:22)
it is in good shape, yeah.

[Speaker 3] (1:06:22 - 1:06:24)
It is? You're, it's staying as

[Speaker 2] (1:06:24 - 1:06:24)
Oh,

[Speaker 3] (1:06:24 - 1:06:24)
is?

[Speaker 2] (1:06:24 - 1:06:24)
yeah, yeah.

[Speaker 3] (1:06:24 - 1:06:25)
Okay, yeah.

[Speaker 2] (1:06:25 - 1:06:26)
I wasn't going to do anything with it.

[Speaker 2] (1:06:28 - 1:06:30)
Probably new decking, you know, it's old decking.

[Speaker 3] (1:06:31 - 1:06:31)
Yeah.

[Speaker 5] (1:06:32 - 1:06:32)
Did he advertise?

[Speaker 2] (1:06:32 - 1:06:34)
Uh, Yeah, it's got six

[Speaker 3] (1:06:34 - 1:06:34)
Yeah, by how was

[Speaker 2] (1:06:34 - 1:06:34)
six

[Speaker 3] (1:06:34 - 1:06:34)
it advertised?

[Speaker 2] (1:06:34 - 1:06:36)
posts on it. It's in good shape.

[Speaker 2] (1:06:36 - 1:06:37)
Seems like it's

[Speaker 5] (1:06:37 - 1:06:38)
Didn't advertise for

[Speaker 2] (1:06:38 - 1:06:38)
bolted

[Speaker 5] (1:06:38 - 1:06:38)
12.

[Speaker 2] (1:06:38 - 1:06:39)
in.

[Speaker 3] (1:06:45 - 1:06:46)
Yeah, that's not advertised that way.

[Speaker 5] (1:06:47 - 1:06:47)
Right.

[Speaker 3] (1:06:47 - 1:06:47)
So

[Speaker 5] (1:06:47 - 1:06:50)
So we could go to six unless he wanted to re-advertise.

[Speaker 3] (1:06:50 - 1:06:52)
Seven, seven and a half. He has to be at seven and a half.

[Speaker 6] (1:06:54 - 1:06:57)
like, if you rehab, if we, if you came back

[Speaker 3] (1:06:57 - 1:06:57)
Yeah,

[Speaker 6] (1:06:57 - 1:06:58)
into the

[Speaker 3] (1:06:58 - 1:06:58)
so

[Speaker 6] (1:06:58 - 1:06:58)
project for an extra

[Speaker 3] (1:06:58 - 1:07:10)
just just to explain so that by putting the deck you make the existing deck nonconforming by putting the roof over it, the deck above it and

[Speaker 2] (1:07:10 - 1:07:10)
Oh really?

[Speaker 3] (1:07:10 - 1:07:11)
it

[Speaker 2] (1:07:11 - 1:07:14)
Right now it's actually conforming? Are you saying?

[Speaker 3] (1:07:14 - 1:07:17)
It's right now you're allowed to have uncovered decks in your setback but you

[Speaker 2] (1:07:17 - 1:07:18)
Oh

[Speaker 3] (1:07:18 - 1:07:18)
can't

[Speaker 2] (1:07:18 - 1:07:18)
really?

[Speaker 3] (1:07:18 - 1:07:21)
have a covered porch in your setback so the

[Speaker 3] (1:07:22 - 1:07:42)
So in your setback is 7.5 feet, and right now you're at just under six. So you could move that top back that top um deck a little bit shorter. Your other option is to advertise this as a dimensional special permit, which it wasn't advertised. So we can't give you relief for something that wasn't posted when you when the me meeting was noticed.

[Speaker 2] (1:07:43 - 1:07:43)
Right.

[Speaker 3] (1:07:43 - 1:07:48)
But if you would like to have the decks match and aesthetically that might be the better choice

[Speaker 2] (1:07:49 - 1:07:49)
Well,

[Speaker 3] (1:07:49 - 1:07:49)
Oh.

[Speaker 2] (1:07:49 - 1:07:55)
I think uh uh plus structurally speaking you want your point loads over on

[Speaker 3] (1:07:55 - 1:07:55)
Over,

[Speaker 2] (1:07:55 - 1:07:56)
top

[Speaker 3] (1:07:56 - 1:07:56)
y

[Speaker 5] (1:07:56 - 1:07:56)
Right.

[Speaker 2] (1:07:56 - 1:07:56)
of the

[Speaker 3] (1:07:56 - 1:07:56)
correct.

[Speaker 2] (1:07:56 - 1:07:56)
bearing walls.

[Speaker 3] (1:07:56 - 1:07:57)
So it...

[Speaker 6] (1:07:57 - 1:08:08)
be able to add you're not going to be able to cut the third floor deck back one foot or two inches because it's not going to line up on top of it you might as well knock the whole deck down and start again

[Speaker 3] (1:08:09 - 1:08:10)
Yeah, so...

[Speaker 3] (1:08:11 - 1:08:15)
So the the most the the most relief you can get is for it to be

[Speaker 6] (1:08:15 - 1:08:15)
A 20

[Speaker 3] (1:08:15 - 1:08:17)
so with a dimen with a dimensional

[Speaker 6] (1:08:17 - 1:08:17)
special special

[Speaker 3] (1:08:17 - 1:08:17)
permit,

[Speaker 6] (1:08:17 - 1:08:18)
permit.

[Speaker 3] (1:08:18 - 1:08:27)
and this would be a situation where I think that would be allowed because it is um, you mean you know it's sort of isn't more detrimental, and to be honest aesthetically having it line up would be the probably the preferable choice.

[Speaker 2] (1:08:27 - 1:08:28)
Well, I think it would look better,

[Speaker 3] (1:08:28 - 1:08:28)
It would look

[Speaker 2] (1:08:28 - 1:08:28)
yeah.

[Speaker 3] (1:08:28 - 1:08:34)
better, right. So and structurally and all that. So um you would probably be very likely to get that relief.

[Speaker 6] (1:08:34 - 1:08:35)
Straight.

[Speaker 6] (1:08:35 - 1:08:35)
Straight,

[Speaker 3] (1:08:35 - 1:08:35)
But

[Speaker 6] (1:08:35 - 1:08:35)
right,

[Speaker 3] (1:08:35 - 1:08:35)
um

[Speaker 6] (1:08:35 - 1:08:36)
I suppose.

[Speaker 3] (1:08:36 - 1:08:36)
you're still

[Speaker 6] (1:08:36 - 1:08:37)
We have to watch his watch.

[Speaker 3] (1:08:37 - 1:08:44)
um a little off because you're at five point nine and the most we could give you relief for would be to be at six.

[Speaker 3] (1:08:44 - 1:08:48)
So you would have to be you know

[Speaker 3] (1:08:49 - 1:08:50)
uh an inch and a whatever makes

[Speaker 5] (1:08:50 - 1:08:51)
Three inches?

[Speaker 3] (1:08:51 - 1:08:52)
uh what is it?

[Speaker 1] (1:08:52 - 1:08:54)
It's three inches off, right? Just we

[Speaker 3] (1:08:54 - 1:08:54)
Well,

[Speaker 1] (1:08:54 - 1:08:55)
can't get fairly it's dramatic.

[Speaker 3] (1:08:55 - 1:08:57)
one point it's it's five point nine

[Speaker 1] (1:08:57 - 1:08:57)
Well, five

[Speaker 3] (1:08:57 - 1:08:57)
feet

[Speaker 1] (1:08:57 - 1:08:57)
point nine

[Speaker 3] (1:08:57 - 1:08:58)
so

[Speaker 1] (1:08:58 - 1:08:58)
feet,

[Speaker 3] (1:08:58 - 1:08:58)
it's so it's

[Speaker 1] (1:08:58 - 1:08:58)
right.

[Speaker 3] (1:08:58 - 1:08:58)
point one

[Speaker 1] (1:08:58 - 1:08:59)
It's

[Speaker 3] (1:08:59 - 1:08:59)
feet

[Speaker 1] (1:08:59 - 1:08:59)
one ten.

[Speaker 3] (1:08:59 - 1:09:00)
so it's an inch and a

[Speaker 6] (1:09:00 - 1:09:00)
Right,

[Speaker 3] (1:09:00 - 1:09:00)
in a

[Speaker 6] (1:09:00 - 1:09:01)
one

[Speaker 3] (1:09:01 - 1:09:01)
yeah.

[Speaker 1] (1:09:01 - 1:09:01)
Twelve.

[Speaker 6] (1:09:01 - 1:09:01)
inch, yeah.

[Speaker 5] (1:09:01 - 1:09:01)
Yeah.

[Speaker 2] (1:09:01 - 1:09:01)
So,

[Speaker 3] (1:09:01 - 1:09:01)
So

[Speaker 2] (1:09:01 - 1:09:04)
sure. it's a it's what is it, an inch?

[Speaker 1] (1:09:04 - 1:09:06)
One point two inches, yeah.

[Speaker 3] (1:09:06 - 1:09:10)
Yeah. So you basically need the top deck to come in an inch and a half or whatever to

[Speaker 1] (1:09:10 - 1:09:11)
Inch and a quarter.

[Speaker 3] (1:09:11 - 1:09:15)
an inch and a quarter thank you an inch and a quarter to comply.

[Speaker 3] (1:09:15 - 1:09:29)
Which you could do and aesthetically I think it would be fine. Um but you do need to re-advertise and come back and ask for a dimensional special permit. If you choose not to re-advertise um and you want us to make a decision right now, a um the best we

[Speaker 1] (1:09:35 - 1:09:37)
you know, more of a foot and a half than

[Speaker 2] (1:09:37 - 1:09:42)
Yes, so it so you had to uh apply for uh the zoning again?

[Speaker 1] (1:09:43 - 1:09:45)
Yeah, my guess is usually they will waive the fee on something like this.

[Speaker 2] (1:09:45 - 1:09:45)
Okay.

[Speaker 1] (1:09:45 - 1:09:51)
You wouldn't have to pay the the fee it it's usually waived in the situation where um where once you get to the situation the relief you need is

[Speaker 2] (1:09:51 - 1:09:52)
Yeah.

[Speaker 1] (1:09:52 - 1:09:53)
different than the relief that was advertised.

[Speaker 2] (1:09:53 - 1:09:54)
Yep.

[Speaker 1] (1:09:54 - 1:09:57)
So my guess is that they would waive your your additional fee.

[Speaker 3] (1:09:57 - 1:09:57)
Right, you'd

[Speaker 1] (1:09:57 - 1:09:57)
And

[Speaker 3] (1:09:57 - 1:09:57)
fill

[Speaker 1] (1:09:57 - 1:09:58)
we could

[Speaker 3] (1:09:58 - 1:10:01)
out recommend an amended you would just check off the dimensional special permit box.

[Speaker 3] (1:10:02 - 1:10:06)
And just write amended on your petition and

[Speaker 2] (1:10:06 - 1:10:06)
Okay.

[Speaker 3] (1:10:06 - 1:10:09)
that would and submit that so we have a record there's an amended petition.

[Speaker 3] (1:10:09 - 1:10:15)
And then it would be re-advertised for our next meeting so that your abutters would all get notice again that

[Speaker 2] (1:10:15 - 1:10:15)
Yeah, yeah.

[Speaker 3] (1:10:15 - 1:10:18)
they're asking for a dimensional special permit.

[Speaker 2] (1:10:18 - 1:10:18)
Okay.

[Speaker 2] (1:10:18 - 1:10:20)
All right. If I have any questions,

[Speaker 2] (1:10:20 - 1:10:21)
Krista.

[Speaker 1] (1:10:21 - 1:10:23)
Yeah, yeah, Crystal will definitely be there to help you.

[Speaker 2] (1:10:23 - 1:10:23)
She's

[Speaker 1] (1:10:23 - 1:10:24)
Yeah.

[Speaker 2] (1:10:24 - 1:10:25)
my go-to person.

[Speaker 1] (1:10:25 - 1:10:25)
Yeah, good.

[Speaker 3] (1:10:25 - 1:10:29)
And checking out, you know, engineering-wise, how it would work,

[Speaker 3] (1:10:29 - 1:10:31)
the key is

[Speaker 2] (1:10:31 - 1:10:32)
Oh, you mean for that inch and a half?

[Speaker 3] (1:10:32 - 1:10:33)
that inch and a half.

[Speaker 2] (1:10:33 - 1:10:34)
Yeah.

[Speaker 2] (1:10:35 - 1:10:35)
That's

[Speaker 3] (1:10:35 - 1:10:36)
Making sure it's going to work.

[Speaker 2] (1:10:36 - 1:10:39)
something with trim or something. Yeah.

[Speaker 1] (1:10:39 - 1:10:41)
Yeah, yeah, I think you could definitely do it

[Speaker 3] (1:10:41 - 1:10:41)
I

[Speaker 1] (1:10:41 - 1:10:41)
in

[Speaker 3] (1:10:41 - 1:10:41)
would,

[Speaker 1] (1:10:41 - 1:10:42)
it

[Speaker 3] (1:10:42 - 1:10:42)
I

[Speaker 1] (1:10:42 - 1:10:42)
in

[Speaker 3] (1:10:42 - 1:10:42)
would think

[Speaker 1] (1:10:42 - 1:10:42)
an

[Speaker 3] (1:10:42 - 1:10:42)
so.

[Speaker 1] (1:10:42 - 1:10:43)
inch and a half and

[Speaker 3] (1:10:43 - 1:10:43)
Just

[Speaker 1] (1:10:43 - 1:10:43)
it'll still

[Speaker 3] (1:10:43 - 1:10:43)
have it come in.

[Speaker 1] (1:10:43 - 1:10:45)
it'll still look nice and

[Speaker 3] (1:10:45 - 1:10:45)
Yeah.

[Speaker 1] (1:10:45 - 1:10:48)
um it'll look better than having it in a foot and a half I Oh, think.

[Speaker 2] (1:10:48 - 1:10:49)
well, it's gonna look good.

[Speaker 1] (1:10:49 - 1:10:50)
Yeah, yeah, yeah.

[Speaker 4] (1:10:51 - 1:10:53)
Have you talked to any of Butters?

[Speaker 2] (1:10:54 - 1:10:54)
What's that?

[Speaker 4] (1:10:54 - 1:10:56)
Have you spoken with any of the butters?

[Speaker 2] (1:10:57 - 1:11:06)
Not rea uh well uh people around there, yeah. I mean they're excited about what I might do. Uh they know I'm a builder.

[Speaker 2] (1:11:06 - 1:11:10)
So and I live there, so of course they probably like that.

[Speaker 4] (1:11:10 - 1:11:11)
Yeah.

[Speaker 2] (1:11:11 - 1:11:13)
Uh it's uh it's a great area. I love it.

[Speaker 2] (1:11:14 - 1:11:15)
Very nice.

[Speaker 4] (1:11:15 - 1:11:18)
Alright, now I don't see anybody online here to

[Speaker 1] (1:11:20 - 1:11:24)
That was one person. If anybody has a question, and I know you're here for the other petition, so

[Speaker 1] (1:11:25 - 1:11:31)
nobody has any questions. Alright, so that's what I would recommend. Now, in that case, do we continue it?

[Speaker 3] (1:11:31 - 1:11:32)
We would continue it.

[Speaker 1] (1:11:32 - 1:11:36)
We we continue this. So it's technically amended an amended petition, not a whole new petition. So we can continue this

[Speaker 2] (1:11:36 - 1:11:36)
Okay.

[Speaker 1] (1:11:36 - 1:11:41)
to our December meeting and then you'll just have to check make sure you check the dimensional special permit box.

[Speaker 2] (1:11:41 - 1:11:42)
Okay. Terrific.

[Speaker 5] (1:11:43 - 1:11:45)
Okay, just to clarify,

[Speaker 5] (1:11:45 - 1:11:46)
we re-notice

[Speaker 5] (1:11:47 - 1:11:51)
For the dimensional special permit, even though it's being continued. Even though it's being continued. Gotcha.

[Speaker 1] (1:11:51 - 1:11:55)
Yep, yep. Um and that's continued to December sixteenth.

[Speaker 2] (1:11:55 - 1:11:56)
Right. Very good.

[Speaker 1] (1:11:57 - 1:11:57)
All right.

[Speaker 2] (1:11:57 - 1:11:57)
Thank you.

[Speaker 3] (1:11:57 - 1:11:58)
Thank you.

[Speaker 1] (1:11:58 - 1:12:00)
Thank you so just need a motion to continue that.

[Speaker 3] (1:12:00 - 1:12:02)
Make a motion to continue to December sixteenth.

[Speaker 6] (1:12:02 - 1:12:02)
Second.

[Speaker 1] (1:12:03 - 1:12:03)
All in favour?

[Speaker 3] (1:12:04 - 1:12:04)
Aye.

[Speaker 6] (1:12:04 - 1:12:04)
Aye.

[Speaker 2] (1:12:04 - 1:12:04)
Good.

[Speaker 1] (1:12:04 - 1:12:05)
Excellent.

[Speaker 1] (1:12:05 - 1:12:06)
Thank you.

[Speaker 2] (1:12:06 - 1:12:07)
Thank you.

[Speaker 1] (1:12:27 - 1:12:42)
on to petition 25 19 for 55 Carrington Road and there so I know understand that you're in the process of going through planning and the so

[Speaker 1] (1:12:43 - 1:12:52)
the only sort of relief that you're asking for right now is this what we're talking about squaring off and sort of the

[Speaker 1] (1:12:53 - 1:13:10)
the way of Vivalta. Now I s I was speaking to Chris about this earlier because I think the only way for us to really make that determination would be if we had um site plans with

[Speaker 1] (1:13:12 - 1:13:13)
the measurement from

[Speaker 1] (1:13:14 - 1:13:31)
the clou the current closest point to the property line and the measurement from the new closest point to the property line, 'cause from the drawings it looks like it is actually getting closer um even though it's getting closer along the same plane of the building, it's not along the same plane of the property line. And that's where um

[Speaker 1] (1:13:32 - 1:13:39)
you'd have to say, okay, is it creating a new noncon new non-conformity? We might we would

[Speaker 1] (1:13:40 - 1:14:09)
assuming the numbers we would say yes it is creating a new nonconformity we could still go with if we know if anybody disagrees with this on saying that this new nonconformity would not be more detrimental than the existing because of the unique shape that we're literally just filling in a small sliver to square off the building that that wouldn't be more detrimental than the current nonconformity that would be a determination we'd have to make but I think it would be difficult to make it without

[Speaker 1] (1:14:10 - 1:14:13)
actually knowing what any of those numbers are.

[Speaker 7] (1:14:13 - 1:14:15)
It is, I looked it up on the site plan.

[Speaker 7] (1:14:17 - 1:14:18)
So again, not a problem.

[Speaker 7] (1:14:20 - 1:14:34)
It is approximately 6.3 feet right now, and the one that you noted will be about 5.2 feet. So it's about a foot shorter as you said it looked to scale.

[Speaker 7] (1:14:38 - 1:14:39)
Um,

[Speaker 4] (1:14:39 - 1:14:39)
Is

[Speaker 7] (1:14:39 - 1:14:40)
I

[Speaker 4] (1:14:40 - 1:14:40)
that the three

[Speaker 7] (1:14:40 - 1:14:40)
could,

[Speaker 4] (1:14:40 - 1:14:40)
-family?

[Speaker 7] (1:14:40 - 1:14:41)
yeah, I mean it's

[Speaker 2] (1:14:41 - 1:14:42)
Is that an animal?

[Speaker 4] (1:14:42 - 1:14:42)
Yeah.

[Speaker 2] (1:14:42 - 1:14:42)
animal.

[Speaker 2] (1:14:43 - 1:14:44)
I don't see

[Speaker 7] (1:14:44 - 1:14:44)
But it

[Speaker 2] (1:14:44 - 1:14:44)
that in here.

[Speaker 7] (1:14:44 - 1:14:45)
it's kind of.

[Speaker 1] (1:14:45 - 1:14:46)
Oh, thank you.

[Speaker 7] (1:14:46 - 1:14:47)
Um

[Speaker 1] (1:14:47 - 1:14:47)
Mark,

[Speaker 7] (1:14:47 - 1:14:47)
I

[Speaker 1] (1:14:47 - 1:14:47)
does

[Speaker 7] (1:14:47 - 1:14:47)
I

[Speaker 1] (1:14:47 - 1:14:49)
Balalta not apply to three families?

[Speaker 7] (1:14:50 - 1:14:53)
Um I believe it's Balalta's one in two families.

[Speaker 1] (1:14:53 - 1:14:54)
Okay.

[Speaker 1] (1:14:54 - 1:14:54)
Sorry.

[Speaker 7] (1:14:54 - 1:14:55)
So I don't think we can do

[Speaker 1] (1:14:55 - 1:14:57)
Thank you. Sorry.

[Speaker 1] (1:14:57 - 1:14:58)
That's important.

[Speaker 7] (1:15:01 - 1:15:02)
Another good catch.

[Speaker 1] (1:15:02 - 1:15:03)
That was a good catch.

[Speaker 1] (1:15:03 - 1:15:05)
So it does not apply to three families.

[Speaker 1] (1:15:05 - 1:15:07)
We don't have a lot of three families.

[Speaker 1] (1:15:07 - 1:15:08)
Um,

[Speaker 7] (1:15:08 - 1:15:09)
No, not in the ocean either.

[Speaker 1] (1:15:09 - 1:15:10)
yeah,

[Speaker 1] (1:15:10 - 1:15:11)
their property.

[Speaker 7] (1:15:11 - 1:15:11)
It's unique.

[Speaker 1] (1:15:11 - 1:15:12)
Um,

[Speaker 1] (1:15:14 - 1:15:15)
hmm.

[Speaker 1] (1:15:18 - 1:15:22)
I would say that it would be very challenging to get the relief,

[Speaker 1] (1:15:22 - 1:15:23)
even if we had all the correct paperwork,

[Speaker 1] (1:15:24 - 1:15:32)
because the relief that we usually grant in these types of situations only applies to single and two family homes.

[Speaker 1] (1:15:33 - 1:15:33)
So,

[Speaker 3] (1:15:33 - 1:15:35)
I'm going to confirm that right now.

[Speaker 1] (1:15:35 - 1:15:36)
okay.

[Speaker 3] (1:15:36 - 1:15:37)
Give me a minute.

[Speaker 1] (1:15:39 - 1:15:42)
Because I understand and

[Speaker 1] (1:15:44 - 1:15:46)
agree with the reasoning for doing it,

[Speaker 1] (1:15:46 - 1:15:47)
and

[Speaker 1] (1:15:50 - 1:15:53)
I don't think it causes anything to be more detrimental,

[Speaker 1] (1:15:53 - 1:15:54)
but, or

[Speaker 1] (1:15:56 - 1:15:56)
wait,

[Speaker 1] (1:15:56 - 1:15:58)
can you do it just with a dimensional special permit?

[Speaker 1] (1:16:07 - 1:16:08)
No, you can't.

[Speaker 1] (1:17:07 - 1:17:08)
Sorry, I'm just looking at the application on

[Speaker 7] (1:17:08 - 1:17:09)
Yep.

[Speaker 1] (1:17:09 - 1:17:09)
my line.

[Speaker 3] (1:17:16 - 1:17:23)
Is the head house just for access to the air con the condensing units

[Speaker 7] (1:17:23 - 1:17:23)
Yes.

[Speaker 3] (1:17:23 - 1:17:26)
or is that for like a deck or something?

[Speaker 7] (1:17:26 - 1:17:34)
It was for access for the AC units. We had originally talked about doing a deck up there.

[Speaker 7] (1:17:36 - 1:17:53)
planning board yesterday didn't like the height of it so I don't think we're going with that anyway I think we were talking about access and because it's in the flood zone so I have to put the AC units on the roof so it we're looking at maybe doing a hatch or something different for up there but

[Speaker 8] (1:17:53 - 1:17:54)
Yep.

[Speaker 7] (1:17:54 - 1:18:04)
the plans were submitted you know before it'd be nice to put a roof deck up there I mean it's I was up there the other day just to check the roof and I was like wow it's

[Speaker 7] (1:18:06 - 1:18:12)
You have, you have, even though it's on the ocean, to the right there's a, like a garage structure there.

[Speaker 7] (1:18:12 - 1:18:19)
So the first and second floor doesn't have the views and then to the left the structure goes all the way out.

[Speaker 7] (1:18:19 - 1:18:28)
So that's why what I'm, oh yeah, so I'm trying, it's like a little sun room right now, it's like nine feet by 16 feet.

[Speaker 7] (1:18:28 - 1:18:35)
So the idea was just to get a straight wall and eventually have either a, you know, a primary bedroom there.

[Speaker 7] (1:18:35 - 1:18:41)
or the living room there so you can really capture the view because you're only you get that view straight on you

[Speaker 1] (1:18:41 - 1:18:41)
Yes.

[Speaker 7] (1:18:41 - 1:18:42)
know it's

[Speaker 1] (1:18:42 - 1:18:45)
So is this, is this

[Speaker 1] (1:18:47 - 1:18:50)
a renovation of the existing or is this a full teardown?

[Speaker 7] (1:18:51 - 1:18:51)
a renovation.

[Speaker 1] (1:18:51 - 1:18:51)
It's a renovation

[Speaker 7] (1:18:51 - 1:18:52)
Yeah.

[Speaker 1] (1:18:52 - 1:18:52)
of the existing.

[Speaker 1] (1:18:53 - 1:18:57)
So, and the only relief that's being sought from us right now is that

[Speaker 1] (1:18:58 - 1:18:59)
um

[Speaker 9] (1:18:59 - 1:18:59)
To square off

[Speaker 1] (1:18:59 - 1:19:00)
the squaring

[Speaker 9] (1:19:00 - 1:19:00)
the opening.

[Speaker 1] (1:19:00 - 1:19:03)
off that. So any of the uh is there any other relief

[Speaker 3] (1:19:03 - 1:19:03)
But needed isn't

[Speaker 1] (1:19:03 - 1:19:04)
is

[Speaker 3] (1:19:04 - 1:19:04)
there also,

[Speaker 1] (1:19:04 - 1:19:05)
only that's needed?

[Speaker 3] (1:19:05 - 1:19:07)
well Mitchell's 38 foot height, right?

[Speaker 7] (1:19:07 - 1:19:10)
But that's why I was asking about the head house that if you look at the elevations

[Speaker 7] (1:19:14 - 1:19:18)
it looks like we're at what 30 35 feet

[Speaker 3] (1:19:18 - 1:19:18)
Mitchell's

[Speaker 7] (1:19:18 - 1:19:18)
still because

[Speaker 3] (1:19:18 - 1:19:19)
35.

[Speaker 7] (1:19:19 - 1:19:24)
that head house should not if it was because it's just a mechanical or just to access mechanical equipment it doesn't count

[Speaker 2] (1:19:26 - 1:19:27)
Right.

[Speaker 3] (1:19:28 - 1:19:29)
So it doesn't need the variance.

[Speaker 1] (1:19:29 - 1:19:30)
Now not for that, no.

[Speaker 4] (1:19:30 - 1:19:31)
Yeah, does the

[Speaker 2] (1:19:31 - 1:19:31)
But but

[Speaker 4] (1:19:31 - 1:19:31)
does

[Speaker 2] (1:19:31 - 1:19:31)
I

[Speaker 4] (1:19:31 - 1:19:31)
the hen house

[Speaker 2] (1:19:31 - 1:19:34)
mean, are they gonna require you to lift it out of the flood zone?

[Speaker 4] (1:19:34 - 1:19:35)
No.

[Speaker 2] (1:19:35 - 1:19:35)
No.

[Speaker 4] (1:19:35 - 1:19:36)
No.

[Speaker 2] (1:19:36 - 1:19:41)
Okay. Because that was also something that the building inspector had said about this project, that if the

[Speaker 4] (1:19:41 - 1:19:43)
If I was going over 50% of the construction.

[Speaker 2] (1:19:43 - 1:19:45)
If the construction cost was more than 50%,

[Speaker 4] (1:19:45 - 1:19:46)
Right.

[Speaker 2] (1:19:46 - 1:19:46)
of the assessed value,

[Speaker 4] (1:19:46 - 1:19:47)
Assessed value.

[Speaker 2] (1:19:47 - 1:19:48)
which is only $500,000.

[Speaker 4] (1:19:48 - 1:19:49)
Right.

[Speaker 2] (1:19:50 - 1:19:52)
So that project is going to be less than 250,000?

[Speaker 4] (1:19:52 - 1:19:53)
Yes.

[Speaker 2] (1:19:54 - 1:19:55)
For the whole building?

[Speaker 4] (1:19:57 - 1:20:00)
I'm not doing the whole building over. The building is in decent shape inside.

[Speaker 4] (1:20:00 - 1:20:01)
But the front,

[Speaker 4] (1:20:01 - 1:20:08)
as you can see, I'm looking to get more parking from the planning board and then square off the back of the building and renovate the apartments.

[Speaker 2] (1:20:11 - 1:20:13)
Yeah, but you're talking three new kitchens,

[Speaker 4] (1:20:14 - 1:20:15)
I'm not doing new kitchens.

[Speaker 2] (1:20:15 - 1:20:15)
two baths.

[Speaker 4] (1:20:15 - 1:20:16)
No,

[Speaker 4] (1:20:16 - 1:20:26)
no. Right now I'm keeping it as is and I've done, you know, the most of the money that I'm spending right now is just to get the parking in there.

[Speaker 2] (1:20:37 - 1:20:40)
All right, so the only relief that we're being asked to give right now

[Speaker 2] (1:20:41 - 1:20:44)
is for that squaring off and

[Speaker 2] (1:20:47 - 1:20:48)
In

[Speaker 1] (1:20:49 - 1:20:51)
Which is for that side yard setback,

[Speaker 5] (1:20:51 - 1:20:51)
Mm-hmm.

[Speaker 1] (1:20:51 - 1:20:56)
is that sure we actually it's showing it as the same.

[Speaker 2] (1:20:57 - 1:21:04)
Yeah, it's not though. So it's so it's going from six point three to approximately five point three. But like I said, even to sort of do the full analysis, we would expect to have

[Speaker 2] (1:21:05 - 1:21:07)
actual plot plans with you

[Speaker 6] (1:21:07 - 1:21:07)
Yeah.

[Speaker 2] (1:21:07 - 1:21:09)
know stamped plot plans and

[Speaker 1] (1:21:09 - 1:21:09)
Yep.

[Speaker 2] (1:21:09 - 1:21:10)
and everything

[Speaker 6] (1:21:10 - 1:21:10)
Yeah.

[Speaker 2] (1:21:10 - 1:21:11)
which we don't have

[Speaker 1] (1:21:11 - 1:21:11)
Well, we have,

[Speaker 2] (1:21:11 - 1:21:12)
but

[Speaker 1] (1:21:12 - 1:21:17)
it's stamped by a registered architect, but it doesn't have the dimensions.

[Speaker 2] (1:21:17 - 1:21:26)
it doesn't have any of the dimensions um but I want to make sure that we don't send him on sort of a fool's errand I want to make sure that if we

[Speaker 2] (1:21:28 - 1:21:52)
that if if we ask them to get this information it's actually going to be something that would make a difference if there's absolutely no way we can give this relief because it and I apologize for and thank Michelle for realizing I wasn't thinking about the three family versus the two family um and if therefore there is no way to have that relief I don't want to say oh you need to go get some you know pay to have more plot plans made um

[Speaker 2] (1:21:53 - 1:22:00)
Does anybody see a pathway where this relief because I do think it's practical and makes sense but

[Speaker 2] (1:22:02 - 1:22:03)
6

[Speaker 7] (1:22:03 - 1:22:08)
So the question is he's got six point something, six point three now.

[Speaker 2] (1:22:08 - 1:22:09)
6.3

[Speaker 7] (1:22:09 - 1:22:09)
His

[Speaker 2] (1:22:09 - 1:22:09)
now right

[Speaker 7] (1:22:09 - 1:22:13)
relief can go down to six and he's and it's coming in at like five something.

[Speaker 7] (1:22:15 - 1:22:16)
Is that right?

[Speaker 2] (1:22:17 - 1:22:18)
5.3 about

[Speaker 8] (1:22:22 - 1:22:23)
No, yeah.

[Speaker 9] (1:22:24 - 1:22:27)
In six is the permitted side yard setback in the district.

[Speaker 7] (1:22:27 - 1:22:27)
Well, no, seven

[Speaker 8] (1:22:27 - 1:22:28)
Seven

[Speaker 7] (1:22:28 - 1:22:28)
seven

[Speaker 8] (1:22:28 - 1:22:28)
and a half

[Speaker 7] (1:22:28 - 1:22:28)
and

[Speaker 8] (1:22:28 - 1:22:28)
seven

[Speaker 7] (1:22:28 - 1:22:28)
is

[Speaker 8] (1:22:28 - 1:22:28)
and a half,

[Speaker 9] (1:22:28 - 1:22:28)
Yeah,

[Speaker 7] (1:22:28 - 1:22:29)
oh,

[Speaker 9] (1:22:29 - 1:22:29)
so we have to

[Speaker 8] (1:22:29 - 1:22:29)
get yeah.

[Speaker 7] (1:22:29 - 1:22:29)
it's

[Speaker 9] (1:22:29 - 1:22:29)
oh,

[Speaker 7] (1:22:29 - 1:22:29)
storm

[Speaker 9] (1:22:29 - 1:22:29)
so we

[Speaker 7] (1:22:29 - 1:22:30)
on. it's no,

[Speaker 9] (1:22:30 - 1:22:30)
Oh, I don't

[Speaker 7] (1:22:30 - 1:22:31)
it's not.

[Speaker 9] (1:22:31 - 1:22:33)
that's a variance to me to get to

[Speaker 2] (1:22:33 - 1:22:34)
To get to 5.3.

[Speaker 9] (1:22:34 - 1:22:39)
anywhere below the six, it has to be a very, because we can only give 20% a

[Speaker 2] (1:22:39 - 1:22:41)
And that we can give that 20% for the

[Speaker 9] (1:22:41 - 1:22:42)
dimensional special permit.

[Speaker 2] (1:22:42 - 1:22:45)
just special social permit and that doesn't matter if it's three units or anything like that.

[Speaker 9] (1:22:45 - 1:22:46)
No.

[Speaker 2] (1:22:47 - 1:22:48)
So

[Speaker 4] (1:22:50 - 1:22:51)
So what would it be 20%

[Speaker 2] (1:22:51 - 1:22:51)
so

[Speaker 4] (1:22:51 - 1:22:53)
is the max you can get

[Speaker 2] (1:22:53 - 1:22:54)
What we're

[Speaker 7] (1:22:54 - 1:22:54)
down

[Speaker 2] (1:22:54 - 1:22:54)
allowed to

[Speaker 7] (1:22:54 - 1:22:54)
to six.

[Speaker 2] (1:22:54 - 1:22:56)
do is yeah, it's basically get it down to six and

[Speaker 4] (1:22:56 - 1:22:56)
Yeah.

[Speaker 2] (1:22:56 - 1:23:09)
right now It's at five point three you said about so if there's a way of getting a plan to us where it's I mean it might be at an angle it might be I'm not sure what it what it would be to get it to

[Speaker 2] (1:23:12 - 1:23:14)
six or if the decision is that it doesn't need to be done and then it's

[Speaker 7] (1:23:14 - 1:23:19)
Based on the based on the diagonal of the line, he could, you know, step it or something.

[Speaker 1] (1:23:19 - 1:23:21)
That that's how the book the the current building

[Speaker 2] (1:23:21 - 1:23:21)
it's

[Speaker 1] (1:23:21 - 1:23:22)
is right?

[Speaker 2] (1:23:22 - 1:23:22)
currently stepped,

[Speaker 7] (1:23:22 - 1:23:22)
Yeah.

[Speaker 2] (1:23:22 - 1:23:23)
yeah.

[Speaker 7] (1:23:23 - 1:23:23)
Yeah.

[Speaker 1] (1:23:23 - 1:23:23)
Yeah.

[Speaker 2] (1:23:24 - 1:23:33)
So I mean it could be that once you do the math to get it to six you realise that you know cost analysis of the what you gain from

[Speaker 7] (1:23:33 - 1:23:33)
Right.

[Speaker 2] (1:23:33 - 1:23:39)
doing it doesn't make sense anymore. But basically if you can get it to six um and then

[Speaker 2] (1:23:40 - 1:23:42)
then it would be it could be done with a special permit but

[Speaker 4] (1:23:42 - 1:23:46)
All right. And what's that process like?

[Speaker 4] (1:23:46 - 1:23:49)
Is it a real path of getting it?

[Speaker 2] (1:23:49 - 1:23:49)
Yes.

[Speaker 4] (1:23:49 - 1:23:49)
Or?

[Speaker 2] (1:23:49 - 1:23:54)
Oh yeah yeah definitely I mean if you apply for a special permit it's the same it's basically what we're doing right now

[Speaker 4] (1:23:54 - 1:23:54)
Okay.

[Speaker 2] (1:23:54 - 1:24:00)
so if you apply for a special permit and and it's within that 20% and there's

[Speaker 4] (1:24:02 - 1:24:02)
No,

[Speaker 4] (1:24:02 - 1:24:05)
I'm saying if I wanted to square it off and get it to 5.2.

[Speaker 7] (1:24:06 - 1:24:07)
You you're not gonna The be able

[Speaker 2] (1:24:07 - 1:24:07)
only

[Speaker 7] (1:24:07 - 1:24:07)
to finish.

[Speaker 9] (1:24:07 - 1:24:08)
variance you're not going to

[Speaker 2] (1:24:08 - 1:24:08)
You not yet.

[Speaker 9] (1:24:08 - 1:24:09)
get in.

[Speaker 4] (1:24:09 - 1:24:10)
So you're not getting a variance,

[Speaker 9] (1:24:10 - 1:24:10)
No,

[Speaker 4] (1:24:10 - 1:24:11)
no.

[Speaker 2] (1:24:11 - 1:24:11)
not a it variance.

[Speaker 9] (1:24:11 - 1:24:13)
if it's for it very rarely gives

[Speaker 4] (1:24:13 - 1:24:13)
Okay.

[Speaker 9] (1:24:13 - 1:24:13)
a variance.

[Speaker 4] (1:24:13 - 1:24:15)
Yeah, no, that's I appreciate the honesty.

[Speaker 2] (1:24:15 - 1:24:15)
Yeah,

[Speaker 4] (1:24:15 - 1:24:15)
I just want to

[Speaker 2] (1:24:15 - 1:24:15)
yeah,

[Speaker 4] (1:24:15 - 1:24:15)
know.

[Speaker 2] (1:24:15 - 1:24:25)
a variance would need, you would need there would need to be some sort of um difference with your lot that makes your lot different from every other lot in the neighborhood and it really doesn't. Your lots very similar to all the lots

[Speaker 4] (1:24:25 - 1:24:25)
Gotcha.

[Speaker 2] (1:24:25 - 1:24:26)
in the neighborhood. So um

[Speaker 9] (1:24:26 - 1:24:30)
And he needs an amended petition as well because there's no dimensional checked off on.

[Speaker 2] (1:24:30 - 1:24:31)
Okay.

[Speaker 4] (1:24:31 - 1:24:32)
Right.

[Speaker 9] (1:24:33 - 1:24:36)
My no dimensional shift off on this one

[Speaker 2] (1:24:36 - 1:24:41)
Alright, so you'd need to amend to to come back just asking for the six. But again,

[Speaker 2] (1:24:41 - 1:24:42)
if you think that that's not worth

[Speaker 4] (1:24:42 - 1:24:42)
I

[Speaker 2] (1:24:42 - 1:24:42)
it,

[Speaker 4] (1:24:42 - 1:24:49)
don't think I don't think it is because you're only going to get the whole the whole idea is just have a straight wall.

[Speaker 2] (1:24:49 - 1:24:50)
I yeah,

[Speaker 4] (1:24:50 - 1:24:50)
Yeah,

[Speaker 2] (1:24:50 - 1:24:50)
I understand that.

[Speaker 4] (1:24:50 - 1:24:51)
so

[Speaker 2] (1:24:51 - 1:24:51)
Yeah,

[Speaker 2] (1:24:51 - 1:24:51)
I know. Yeah,

[Speaker 2] (1:24:51 - 1:24:55)
so I guess

[Speaker 2] (1:24:57 - 1:25:03)
And because there's no other relief you're looking for right now on this petition, you may need it for height if you if things

[Speaker 11] (1:25:03 - 1:25:05)
Could we do a public comment?

[Speaker 2] (1:25:05 - 1:25:05)
Okay,

[Speaker 11] (1:25:05 - 1:25:05)
That's possible.

[Speaker 2] (1:25:05 - 1:25:06)
yep.

[Speaker 7] (1:25:06 - 1:25:06)
Yes.

[Speaker 2] (1:25:06 - 1:25:08)
But before that, I just wanna explain

[Speaker 11] (1:25:08 - 1:25:08)
Okay.

[Speaker 2] (1:25:08 - 1:25:10)
to explain to him what's

[Speaker 2] (1:25:11 - 1:25:12)
Sorry, but yeah, if you I

[Speaker 1] (1:25:12 - 1:25:13)
Oh, sorry,

[Speaker 2] (1:25:13 - 1:25:13)
just

[Speaker 1] (1:25:13 - 1:25:13)
sorry.

[Speaker 2] (1:25:13 - 1:25:14)
want to explain to you. So

[Speaker 1] (1:25:14 - 1:25:14)
Sorry.

[Speaker 2] (1:25:14 - 1:25:20)
so if there if you if you decide that you don't want to move forward with this portion of the

[Speaker 2] (1:25:22 - 1:25:22)
of the special

[Speaker 4] (1:25:22 - 1:25:23)
Special permit.

[Speaker 2] (1:25:23 - 1:25:26)
permit and you don't think you need that and then you're going you're going to go back to planning.

[Speaker 2] (1:25:27 - 1:25:29)
They made they may realize,

[Speaker 2] (1:25:29 - 1:25:29)
OK,

[Speaker 2] (1:25:29 - 1:25:32)
through this process that there's other things you need a special permit for or you need to come back to zoning,

[Speaker 4] (1:25:32 - 1:25:32)
Yeah.

[Speaker 2] (1:25:32 - 1:25:37)
then you can come back to us. But what you can do is you can withdraw without prejudice. And that basically means that you withdraw your.

[Speaker 2] (1:25:37 - 1:25:42)
your petition um and if you want to continue to next month anyway and then with

[Speaker 4] (1:25:42 - 1:25:42)
Then

[Speaker 2] (1:25:42 - 1:25:42)
the lawsuit

[Speaker 4] (1:25:42 - 1:25:42)
with the car,

[Speaker 2] (1:25:42 - 1:25:43)
and you have

[Speaker 4] (1:25:43 - 1:25:43)
yeah.

[Speaker 2] (1:25:43 - 1:25:43)
some time to think

[Speaker 4] (1:25:43 - 1:25:44)
Yeah, I might as well do

[Speaker 2] (1:25:44 - 1:25:45)
that. you're welcome to do that

[Speaker 4] (1:25:45 - 1:25:45)
Yeah.

[Speaker 2] (1:25:45 - 1:25:47)
as well. But I just want you to understand the process, yeah.

[Speaker 4] (1:25:47 - 1:25:48)
I appreciate

[Speaker 2] (1:25:48 - 1:25:48)
Right.

[Speaker 4] (1:25:48 - 1:25:48)
it.

[Speaker 9] (1:25:48 - 1:25:55)
Let's understand one thing. So where is the um where is it the five feet and change that is in that corner?

[Speaker 7] (1:25:55 - 1:25:56)
Mm-hmm.

[Speaker 2] (1:25:56 - 1:25:57)
'Cause once you take this to here

[Speaker 9] (1:25:59 - 1:25:59)
Yep.

[Speaker 12] (1:25:59 - 1:26:00)
Yeah, but you know,

[Speaker 9] (1:26:00 - 1:26:00)
All

[Speaker 12] (1:26:00 - 1:26:00)
it's

[Speaker 9] (1:26:00 - 1:26:01)
right. I getting was just trying

[Speaker 12] (1:26:01 - 1:26:02)
closer.

[Speaker 9] (1:26:02 - 1:26:02)
to understand

[Speaker 2] (1:26:02 - 1:26:03)
Yeah.

[Speaker 9] (1:26:03 - 1:26:04)
that. Okay. Excellent.

[Speaker 4] (1:26:04 - 1:26:09)
And I'll I'll confirm that with the engineer because I'm just going off of a CAD plan. It's not a certified

[Speaker 13] (1:26:10 - 1:26:11)
dimension, but

[Speaker 2] (1:26:11 - 1:26:11)
Right.

[Speaker 13] (1:26:11 - 1:26:13)
it looks to me that it is what it

[Speaker 2] (1:26:13 - 1:26:13)
It's

[Speaker 13] (1:26:13 - 1:26:13)
is.

[Speaker 2] (1:26:13 - 1:26:14)
close to five, three. Yeah. Yeah, so that's that would

[Speaker 13] (1:26:14 - 1:26:15)
okay.

[Speaker 2] (1:26:15 - 1:26:21)
be th if you can get that to six and have and still have your straight wall and have something make sense for what you wanna do inside the building,

[Speaker 7] (1:26:21 - 1:26:21)
Okay.

[Speaker 2] (1:26:21 - 1:26:24)
then then um so yeah. So I guess the more

[Speaker 13] (1:26:24 - 1:26:32)
Yeah, you know what what could happen is I can bring it down a little more. I don't know if that's gonna do anything for me, but until I get to that sixth point and then bring it in it

[Speaker 2] (1:26:32 - 1:26:32)
Right.

[Speaker 13] (1:26:32 - 1:26:34)
might do something, but

[Speaker 2] (1:26:34 - 1:26:37)
Yeah, but it might just make 'cause it seems like that's gonna be right smack in the middle of the bedroom, so it might

[Speaker 2] (1:26:37 - 1:26:38)
So it might just make it have no clean wall to put

[Speaker 13] (1:26:38 - 1:26:39)
Yeah.

[Speaker 2] (1:26:39 - 1:26:40)
something up against and it might

[Speaker 13] (1:26:40 - 1:26:40)
Yeah.

[Speaker 2] (1:26:40 - 1:26:41)
make it not.

[Speaker 4] (1:26:41 - 1:26:48)
It may work. I'll look at it. So I'll do a continuance and then if I don't see it goes anywhere, if I can't make it happen, then I'll just withdraw.

[Speaker 2] (1:26:49 - 1:26:53)
Okay. And then we'll ha we'll see we'll ask public comment 'cause that might affect what you decide to do as well.

[Speaker 2] (1:26:54 - 1:26:55)
Please.

[Speaker 9] (1:26:55 - 1:26:57)
So is that enough time for you to December sixteenth?

[Speaker 4] (1:26:57 - 1:26:58)
Yeah.

[Speaker 13] (1:26:58 - 1:26:58)
Yeah.

[Speaker 2] (1:27:00 - 1:27:00)
All right.

[Speaker 1] (1:27:00 - 1:27:19)
Hi, I'm Sean Conley. I live on Sculpin Way across the street. I wanna compliment your architect renderings for the building 'cause it definitely needs it. My concern is where I live there's a lot of Maltese and parking is a huge issue. I see that you have two spots tandem and then one spot. What are the makeup of each unit, three bedrooms?

[Speaker 14] (1:27:19 - 1:27:24)
So it's, there will um it will eventually be a two bedroom on the first floor.

[Speaker 14] (1:27:30 - 1:27:38)
Right. So average the homes next to me are two two families and they have six vehicles per family.

[Speaker 14] (1:27:38 - 1:27:40)
So where is someone with an additional

[Speaker 4] (1:27:40 - 1:27:41)
I

[Speaker 14] (1:27:41 - 1:27:41)
car?

[Speaker 4] (1:27:41 - 1:27:45)
won't be able to rent a person with six vehicles at the end of the day. I mean, the

[Speaker 14] (1:27:45 - 1:27:47)
But you have one spot so far.

[Speaker 14] (1:27:47 - 1:27:48)
Is that a two bedroom or

[Speaker 4] (1:27:48 - 1:27:49)
first

[Speaker 14] (1:27:49 - 1:27:49)
the spot

[Speaker 4] (1:27:49 - 1:27:49)
floor is

[Speaker 14] (1:27:49 - 1:27:49)
one?

[Speaker 4] (1:27:49 - 1:27:50)
a two bedroom,

[Speaker 4] (1:27:50 - 1:27:52)
so number one will be for the two bedroom.

[Speaker 4] (1:27:53 - 1:27:58)
And then I'll have two tandem for the second floor and two tandem for the third floor.

[Speaker 2] (1:27:58 - 1:28:04)
Yeah, and that is meeting the meeting the requirements so two and a half spaces per unit

[Speaker 2] (1:28:05 - 1:28:06)
so

[Speaker 13] (1:28:06 - 1:28:06)
Right.

[Speaker 4] (1:28:06 - 1:28:08)
I mean that's the best I

[Speaker 2] (1:28:08 - 1:28:09)
Right one and a half sorry one and a half

[Speaker 4] (1:28:09 - 1:28:10)
Unless I can park

[Speaker 1] (1:28:10 - 1:28:10)
One

[Speaker 4] (1:28:10 - 1:28:10)
it in

[Speaker 1] (1:28:10 - 1:28:11)
and a half.

[Speaker 4] (1:28:11 - 1:28:11)
unless

[Speaker 2] (1:28:11 - 1:28:12)
One and a half space I apologize one

[Speaker 4] (1:28:12 - 1:28:13)
your driveway.

[Speaker 2] (1:28:13 - 1:28:13)
and a half spaces

[Speaker 4] (1:28:13 - 1:28:14)
My driveway's packed.

[Speaker 13] (1:28:14 - 1:28:15)
I'll I'll give you a driveway

[Speaker 1] (1:28:15 - 1:28:18)
Well, just say people gonna have guests our street is

[Speaker 7] (1:28:19 - 1:28:19)
That's

[Speaker 1] (1:28:19 - 1:28:19)
I

[Speaker 4] (1:28:19 - 1:28:19)
I

[Speaker 7] (1:28:19 - 1:28:20)
have a

[Speaker 4] (1:28:20 - 1:28:20)
mean,

[Speaker 1] (1:28:20 - 1:28:20)
don't

[Speaker 4] (1:28:20 - 1:28:20)
one that's

[Speaker 1] (1:28:20 - 1:28:22)
way. mean you have the property that has

[Speaker 4] (1:28:22 - 1:28:22)
all I

[Speaker 1] (1:28:22 - 1:28:22)
the driveway.

[Speaker 4] (1:28:22 - 1:28:25)
got and I just there's nothing else I can do I can't I

[Speaker 2] (1:28:25 - 1:28:25)
Yeah.

[Speaker 4] (1:28:25 - 1:28:43)
can't get more no I understand that I just it's a concern there's already enough you have the unit across the street with the driveway on sculpting ways you know you can't park on the opposite side I'm just concerned yes neighbors coming to here we're going to start coming further down on the street no what do you propose yeah

[Speaker 4] (1:28:43 - 1:28:48)
I'm just I just wanted to understand what you're doing again you're doing a nice job it's going to make the

[Speaker 14] (1:28:48 - 1:28:51)
Property looked much nicer, just here to understand.

[Speaker 4] (1:28:51 - 1:28:53)
Yeah, yeah. No, I don't know if you had a better recommendation.

[Speaker 14] (1:28:53 - 1:28:54)
No, no,

[Speaker 4] (1:28:54 - 1:28:55)
I'm all ears.

[Speaker 14] (1:28:55 - 1:28:55)
you

[Speaker 4] (1:28:55 - 1:28:55)
I don't

[Speaker 14] (1:28:55 - 1:28:56)
can't park

[Speaker 4] (1:28:56 - 1:28:57)
have on all the

[Speaker 14] (1:28:57 - 1:28:57)
Puritan,

[Speaker 4] (1:28:57 - 1:28:57)
answers.

[Speaker 14] (1:28:57 - 1:29:00)
Puritan Row, I mean on scoping way, you can't park on Puritan Row,

[Speaker 14] (1:29:00 - 1:29:01)
I was just curious,

[Speaker 14] (1:29:01 - 1:29:08)
was there going to be some kind of accessory spot for a guest visiting or staying overnight? They're going to be parking on scoping way which is already difficult.

[Speaker 2] (1:29:10 - 1:29:15)
Yeah. I mean, to be honest, as the current use, it is a three family and it has.

[Speaker 13] (1:29:15 - 1:29:16)
One spot.

[Speaker 2] (1:29:16 - 1:29:17)
O one spot.

[Speaker 13] (1:29:17 - 1:29:17)
One

[Speaker 2] (1:29:17 - 1:29:17)
So this is a

[Speaker 13] (1:29:17 - 1:29:17)
right.

[Speaker 2] (1:29:17 - 1:29:18)
huge improvement.

[Speaker 13] (1:29:18 - 1:29:18)
It's only one.

[Speaker 2] (1:29:18 - 1:29:19)
It's gonna have five spots.

[Speaker 13] (1:29:19 - 1:29:19)
Yeah.

[Speaker 1] (1:29:19 - 1:29:21)
gonna have five spots. So um

[Speaker 2] (1:29:21 - 1:29:21)
Uh-huh.

[Speaker 2] (1:29:22 - 1:29:23)
So four and five is gonna go to

[Speaker 2] (1:29:24 - 1:29:24)
It'll go to

[Speaker 10] (1:29:24 - 1:29:25)
one,

[Speaker 2] (1:29:25 - 1:29:25)
one floor,

[Speaker 1] (1:29:25 - 1:29:25)
two,

[Speaker 1] (1:29:25 - 1:29:25)
three.

[Speaker 2] (1:29:25 - 1:29:35)
two and three, Two and three, three. right, because it makes sense for the tandem people to be on one floor and then the two, the first floor would get one spot.

[Speaker 1] (1:29:35 - 1:29:36)
Yep.

[Speaker 2] (1:29:36 - 1:29:36)
Right.

[Speaker 2] (1:29:38 - 1:29:43)
Well what if, so you're gonna have to tell in your listing that you can only have one parking spot.

[Speaker 3] (1:29:44 - 1:29:44)
On the first floor.

[Speaker 4] (1:29:44 - 1:29:45)
Yeah.

[Speaker 1] (1:29:46 - 1:29:46)
No.

[Speaker 4] (1:29:46 - 1:29:47)
Yeah, there's nowhere there's nowhere

[Speaker 3] (1:29:47 - 1:29:47)
Yes.

[Speaker 4] (1:29:47 - 1:29:48)
else to park.

[Speaker 1] (1:29:48 - 1:29:51)
Yeah. But it is more it it is more spaces than required.

[Speaker 3] (1:29:52 - 1:29:52)
Okay.

[Speaker 1] (1:29:53 - 1:29:57)
Um all right so we just need a motion to um continue.

[Speaker 2] (1:29:57 - 1:29:59)
Make a motion to continue to December the sixteen.

[Speaker 3] (1:29:59 - 1:30:00)
All

[Speaker 1] (1:30:00 - 1:30:00)
Do you have

[Speaker 3] (1:30:00 - 1:30:00)
right.

[Speaker 1] (1:30:00 - 1:30:00)
a second?

[Speaker 4] (1:30:00 - 1:30:01)
Thank you. Thanks.

[Speaker 1] (1:30:01 - 1:30:02)
Second. All in favor?

[Speaker 4] (1:30:02 - 1:30:02)
I.

[Speaker 1] (1:30:02 - 1:30:02)
Aye.

[Speaker 3] (1:30:02 - 1:30:04)
I'm going to get that all that time.

[Speaker 1] (1:30:04 - 1:30:04)
All right

[Speaker 4] (1:30:04 - 1:30:04)
I

[Speaker 1] (1:30:04 - 1:30:05)
so

[Speaker 4] (1:30:05 - 1:30:05)
heard

[Speaker 1] (1:30:05 - 1:30:05)
we'll see

[Speaker 4] (1:30:05 - 1:30:05)
I didn't

[Speaker 1] (1:30:05 - 1:30:08)
you next week. And if if you have any questions Christa can help you along the

[Speaker 4] (1:30:08 - 1:30:08)
Thank

[Speaker 1] (1:30:08 - 1:30:08)
way.

[Speaker 4] (1:30:08 - 1:30:09)
you very much.

[Speaker 1] (1:30:09 - 1:30:10)
Thanks.

[Speaker 2] (1:30:10 - 1:30:10)
Thank you.

[Speaker 4] (1:30:10 - 1:30:11)
Alright,

[Speaker 4] (1:30:11 - 1:30:11)
thanks.

[Speaker 2] (1:30:15 - 1:30:16)
Alright.

[Speaker 2] (1:30:17 - 1:30:17)
Awesome.

[Speaker 5] (1:30:17 - 1:30:20)
Before the board leaves,

[Speaker 5] (1:30:20 - 1:30:23)
we did have the 2026 meeting calendar.

[Speaker 1] (1:30:23 - 1:30:23)
Yes.

[Speaker 5] (1:30:23 - 1:30:27)
If you wanted to take a look and if you decide to adopt it tonight,

[Speaker 5] (1:30:27 - 1:30:29)
we would have set meeting dates for 2026,

[Speaker 1] (1:30:29 - 1:30:30)
Yeah, that'd be great.

[Speaker 5] (1:30:30 - 1:30:38)
and that way we can make sure the rooms are reserved and it'll make things a lot easier moving forward.

[Speaker 5] (1:30:39 - 1:30:40)
I can share.

[Speaker 1] (1:30:49 - 1:30:54)
I mean some of these I know right now I can't make, but I don't think that means we need to move them.

[Speaker 3] (1:30:54 - 1:30:55)
Right.

[Speaker 6] (1:30:56 - 1:30:56)
Oh.

[Speaker 6] (1:31:00 - 1:31:04)
Are there any issues with doing the forty be remotely when they come back?

[Speaker 3] (1:31:04 - 1:31:04)
No.

[Speaker 1] (1:31:04 - 1:31:05)
No.

[Speaker 3] (1:31:06 - 1:31:06)
No.

[Speaker 3] (1:31:06 - 1:31:08)
As long as you're there, you just have to be there.

[Speaker 6] (1:31:08 - 1:31:12)
I will be there. I will be there. I just uh I'm gonna be going down south a lot

[Speaker 3] (1:31:12 - 1:31:12)
Okay.

[Speaker 6] (1:31:12 - 1:31:13)
this winter, so

[Speaker 3] (1:31:13 - 1:31:14)
Okay.

[Speaker 6] (1:31:14 - 1:31:14)
I might not have much.

[Speaker 7] (1:31:15 - 1:31:17)
So, business or pleasure?

[Speaker 7] (1:31:18 - 1:31:18)
A

[Speaker 1] (1:31:18 - 1:31:18)
Neither.

[Speaker 7] (1:31:18 - 1:31:18)
-T?

[Speaker 6] (1:31:20 - 1:31:25)
Uh no, my family lives down there and I'm just going to go see them more often and get out of the cold.

[Speaker 7] (1:31:26 - 1:31:27)
That's good. Randy, where you going?

[Speaker 6] (1:31:27 - 1:31:28)
Miami.

[Speaker 2] (1:31:28 - 1:31:29)
Oh, nice.

[Speaker 7] (1:31:31 - 1:31:33)
That's where Andy spends a time.

[Speaker 6] (1:31:33 - 1:31:33)
Oh yeah?

[Speaker 7] (1:31:33 - 1:31:34)
Yep.

[Speaker 3] (1:31:34 - 1:31:35)
All right.

[Speaker 2] (1:31:36 - 1:31:40)
Yeah. Ah, I won't be able to see her that much. My wife will be that hot.

[Speaker 1] (1:31:43 - 1:31:46)
So I do want to make sure that we're here I do want to make sure you're here for the

[Speaker 7] (1:31:46 - 1:31:46)
What's that?

[Speaker 1] (1:31:46 - 1:31:47)
beginning now,

[Speaker 6] (1:31:47 - 1:31:47)
No,

[Speaker 1] (1:31:47 - 1:31:47)
because

[Speaker 6] (1:31:47 - 1:31:48)
I'm not.

[Speaker 7] (1:31:48 - 1:31:48)
Yeah.

[Speaker 3] (1:31:48 - 1:31:53)
So I'm not gonna be here in February because I'm going to the Olympics.

[Speaker 6] (1:31:53 - 1:31:54)
I'll put them on me.

[Speaker 1] (1:31:54 - 1:31:54)
Oh, nice.

[Speaker 2] (1:31:54 - 1:31:55)
Nice.

[Speaker 7] (1:31:55 - 1:31:56)
Yeah, you can't you

[Speaker 1] (1:31:56 - 1:31:56)
What

[Speaker 7] (1:31:56 - 1:31:56)
know.

[Speaker 1] (1:31:56 - 1:31:57)
what event are

[Speaker 2] (1:31:57 - 1:31:57)
As

[Speaker 1] (1:31:57 - 1:31:57)
you here

[Speaker 2] (1:31:57 - 1:31:57)
a competitor?

[Speaker 1] (1:31:57 - 1:31:58)
for?

[Speaker 2] (1:31:58 - 1:31:58)
Yeah.

[Speaker 3] (1:31:58 - 1:32:00)
No, no. Yeah, competitive uh

[Speaker 7] (1:32:00 - 1:32:00)
You

[Speaker 3] (1:32:00 - 1:32:00)
observing.

[Speaker 7] (1:32:00 - 1:32:01)
lobby up.

[Speaker 3] (1:32:01 - 1:32:05)
So we're seeing speed skating, short track,

[Speaker 3] (1:32:05 - 1:32:06)
aerials.

[Speaker 2] (1:32:06 - 1:32:06)
Mm.

[Speaker 2] (1:32:06 - 1:32:07)
Ah.

[Speaker 3] (1:32:07 - 1:32:12)
freestyle ski on the half pipe and ski mountaineering all metal events.

[Speaker 7] (1:32:12 - 1:32:12)
Wow,

[Speaker 1] (1:32:12 - 1:32:12)
Nice.

[Speaker 7] (1:32:12 - 1:32:13)
wow,

[Speaker 7] (1:32:13 - 1:32:14)
that's awesome.

[Speaker 3] (1:32:14 - 1:32:21)
So we went in Paris a couple years ago we took our son for like his everything birthday graduation forever gift.

[Speaker 3] (1:32:22 - 1:32:24)
And my husband and I loved it so much we're like,

[Speaker 7] (1:32:24 - 1:32:24)
That's

[Speaker 3] (1:32:24 - 1:32:25)
we're going

[Speaker 7] (1:32:25 - 1:32:25)
awesome.

[Speaker 3] (1:32:25 - 1:32:25)
back.

[Speaker 3] (1:32:25 - 1:32:26)
So

[Speaker 1] (1:32:26 - 1:32:26)
That's

[Speaker 3] (1:32:26 - 1:32:26)
I've been

[Speaker 1] (1:32:26 - 1:32:26)
awesome.

[Speaker 3] (1:32:26 - 1:32:29)
like vigilant about what we're going to see, where we're going,

[Speaker 3] (1:32:29 - 1:32:35)
so we start in Milan and we end up in Bormio and Livigno and we're going for like ever.

[Speaker 3] (1:32:35 - 1:32:35)
Like we

[Speaker 1] (1:32:35 - 1:32:35)
That

[Speaker 3] (1:32:35 - 1:32:36)
go Friday

[Speaker 1] (1:32:36 - 1:32:36)
is awesome.

[Speaker 3] (1:32:36 - 1:32:41)
and we don't come home again until like the following Monday. So like it's full plus weeks.

[Speaker 1] (1:32:41 - 1:32:41)
Okay,

[Speaker 7] (1:32:41 - 1:32:41)
It's like

[Speaker 1] (1:32:41 - 1:32:46)
so that is Friday the 13th until Monday the

[Speaker 3] (1:32:46 - 1:32:47)
22nd.

[Speaker 1] (1:32:47 - 1:32:48)
22nd. Okay.

[Speaker 1] (1:32:49 - 1:32:50)
Okay, so

[Speaker 1] (1:32:51 - 1:32:53)
We do need to look at that because

[Speaker 3] (1:32:54 - 1:32:55)
What month was that?

[Speaker 1] (1:32:55 - 1:32:55)
But that's February.

[Speaker 3] (1:32:55 - 1:32:56)
February.

[Speaker 1] (1:32:57 - 1:32:58)
Our meeting is on the

[Speaker 2] (1:32:58 - 1:32:58)
7th.

[Speaker 1] (1:32:58 - 1:33:01)
seventeenth. Is there any way to move that one to the tenth?

[Speaker 7] (1:33:02 - 1:33:02)
At least it has to be.

[Speaker 3] (1:33:02 - 1:33:03)
Um let me double check.

[Speaker 1] (1:33:04 - 1:33:06)
Um only because if we lose you, w like you're,

[Speaker 7] (1:33:06 - 1:33:06)
Yep.

[Speaker 1] (1:33:06 - 1:33:08)
yeah, and we know you're gonna have to watch the next one.

[Speaker 7] (1:33:09 - 1:33:10)
No, I wanna keep any

[Speaker 3] (1:33:10 - 1:33:10)
Yep.

[Speaker 7] (1:33:10 - 1:33:10)
of it.

[Speaker 7] (1:33:10 - 1:33:10)
I have no So, idea.

[Speaker 1] (1:33:10 - 1:33:11)
um

[Speaker 1] (1:33:14 - 1:33:15)
Otherwise it doesn't really matter, like

[Speaker 3] (1:33:15 - 1:33:16)
Mm

[Speaker 1] (1:33:16 - 1:33:16)
us people

[Speaker 3] (1:33:16 - 1:33:16)
-hmm.

[Speaker 1] (1:33:16 - 1:33:18)
aren't there, but we just wanna make sure we don't

[Speaker 3] (1:33:18 - 1:33:19)
Yeah, i I mean

[Speaker 1] (1:33:19 - 1:33:21)
lose one of the top one of the top five.

[Speaker 3] (1:33:21 - 1:33:22)
Let's see.

[Speaker 7] (1:33:22 - 1:33:24)
So should I put that up to the

[Speaker 7] (1:33:25 - 1:33:25)
So this

[Speaker 3] (1:33:25 - 1:33:28)
Yeah, we should be able I can revise it and move it to the time.

[Speaker 1] (1:33:28 - 1:33:29)
And move that to the 10th.

[Speaker 3] (1:33:29 - 1:33:30)
Yep.

[Speaker 1] (1:33:30 - 1:33:30)
Um

[Speaker 3] (1:33:30 - 1:33:34)
There's a small chance I can be here for the 16th, but

[Speaker 1] (1:33:34 - 1:33:34)
Okay.

[Speaker 3] (1:33:34 - 1:33:37)
it just I haven't booked my flights yet. So I've been trying to get an earlier flight.

[Speaker 1] (1:33:37 - 1:33:39)
Let's just do the 10th. I think it's better to keep it on Tuesday.

[Speaker 1] (1:33:39 - 1:33:40)
Because anyway end of year with other end up in

[Speaker 3] (1:33:40 - 1:33:41)
Yeah.

[Speaker 1] (1:33:41 - 1:33:42)
that's um a holiday for so who knows.

[Speaker 3] (1:33:42 - 1:33:43)
Okay.

[Speaker 1] (1:33:43 - 1:33:46)
Um alright so let's do this that one and then

[Speaker 1] (1:33:50 - 1:33:53)
March is the nineteenth. I can be at that.

[Speaker 3] (1:33:53 - 1:33:55)
No, March is the seventeenth.

[Speaker 1] (1:33:56 - 1:33:58)
Sorry, it's I can't I can't see.

[Speaker 7] (1:33:58 - 1:33:59)
Oh, St. I Patrick's just can't Day? hear it.

[Speaker 7] (1:33:59 - 1:33:59)
That's It's yeah.

[Speaker 6] (1:33:59 - 1:34:00)
Yeah.

[Speaker 7] (1:34:00 - 1:34:01)
Just for the bullet points.

[Speaker 7] (1:34:01 - 1:34:02)
J.C. Hey Heather,

[Speaker 1] (1:34:02 - 1:34:02)
Yep.

[Speaker 7] (1:34:02 - 1:34:05)
I don't think I'm going to be here on the 10th of February.

[Speaker 1] (1:34:05 - 1:34:07)
Okay. You're not on the um

[Speaker 7] (1:34:08 - 1:34:10)
I'm sorry I'm not on this one anyway.

[Speaker 1] (1:34:10 - 1:34:12)
you're not on you you haven't you've already missed two.

[Speaker 7] (1:34:12 - 1:34:12)
Oh alright,

[Speaker 1] (1:34:12 - 1:34:12)
So

[Speaker 7] (1:34:12 - 1:34:12)
great.

[Speaker 1] (1:34:12 - 1:34:13)
you can't be on the

[Speaker 7] (1:34:13 - 1:34:13)
Okay,

[Speaker 1] (1:34:13 - 1:34:13)
you

[Speaker 7] (1:34:13 - 1:34:15)
I don't have to worry about anything.

[Speaker 1] (1:34:15 - 1:34:16)
don't have to we don't have to worry about you.

[Speaker 1] (1:34:18 - 1:34:20)
'Cause you cannot you're only allowed to watch one video.

[Speaker 7] (1:34:20 - 1:34:20)
Okay.

[Speaker 1] (1:34:20 - 1:34:22)
Yeah. Um

[Speaker 8] (1:34:22 - 1:34:22)
Mission.

[Speaker 7] (1:34:22 - 1:34:23)
she had to remove.

[Speaker 8] (1:34:24 - 1:34:25)
I don't know what you're talking about.

[Speaker 1] (1:34:26 - 1:34:31)
Alright so you move that one and then um the March one the t the

[Speaker 7] (1:34:31 - 1:34:31)
Oh.

[Speaker 1] (1:34:31 - 1:34:32)
seventeenth is fine for me yeah.

[Speaker 7] (1:34:32 - 1:34:32)
It's fine for me too.

[Speaker 1] (1:34:32 - 1:34:36)
And then, you know, hopefully will be Thanks. done by the April one, thank Bye. you.

[Speaker 3] (1:34:36 - 1:34:36)
Thank you.

[Speaker 1] (1:34:36 - 1:34:42)
Alright so we just need a motion to adopt these I mean we can also if we

[Speaker 7] (1:34:42 - 1:34:42)
Total immersion.

[Speaker 1] (1:34:43 - 1:34:48)
If there is something where it's it's we can always um separate the two meetings if

[Speaker 2] (1:34:48 - 1:34:48)
Yeah.

[Speaker 1] (1:34:48 - 1:34:49)
if we f

[Speaker 1] (1:34:50 - 1:34:51)
have a full agenda and

[Speaker 7] (1:34:51 - 1:34:51)
I don't mind.

[Speaker 1] (1:34:51 - 1:35:01)
not all of the five people can who have been part of the 40B can make it we could hold the 40B alone on a separate day to make sure that the

[Speaker 3] (1:35:01 - 1:35:02)
That would

[Speaker 1] (1:35:02 - 1:35:02)
five

[Speaker 3] (1:35:02 - 1:35:02)
be fine.

[Speaker 1] (1:35:02 - 1:35:03)
people are there and

[Speaker 6] (1:35:03 - 1:35:03)
Yeah.

[Speaker 5] (1:35:03 - 1:35:03)
Yep.

[Speaker 1] (1:35:03 - 1:35:03)
so

[Speaker 5] (1:35:03 - 1:35:06)
You'll just need to continue to a date certain from the meeting before.

[Speaker 1] (1:35:06 - 1:35:08)
right what

[Speaker 5] (1:35:08 - 1:35:10)
You'll just have to know what that date is.

[Speaker 1] (1:35:10 - 1:35:10)
that date is

[Speaker 5] (1:35:10 - 1:35:10)
Yep.

[Speaker 1] (1:35:10 - 1:35:16)
so we'll just have to make sure we know what that at each meeting for certain that all five people can come to the next one but I think this is

[Speaker 1] (1:35:15 - 1:35:20)
This is good for now. Does someone want want to make make a motion to adopt this?

[Speaker 7] (1:35:20 - 1:35:22)
I'll make a motion to adopt the proposed schedule.

[Speaker 1] (1:35:22 - 1:35:24)
Alright, do we have a second?

[Speaker 2] (1:35:24 - 1:35:24)
Second.

[Speaker 7] (1:35:24 - 1:35:24)
Second.

[Speaker 1] (1:35:24 - 1:35:25)
All in favor?

[Speaker 7] (1:35:25 - 1:35:25)
I I

[Speaker 1] (1:35:25 - 1:35:25)
I.

[Speaker 7] (1:35:25 - 1:35:26)
think.

[Speaker 7] (1:35:26 - 1:35:27)
That's not

[Speaker 1] (1:35:27 - 1:35:27)
Alright,

[Speaker 7] (1:35:27 - 1:35:27)
too good.

[Speaker 1] (1:35:27 - 1:35:27)
thank you.

[Speaker 3] (1:35:27 - 1:35:31)
Thanks for accompanying us again Tracy on the

[Speaker 7] (1:35:31 - 1:35:32)
I was uh