Okay.

Good evening, ladies and gentlemen.

This is the zoning board of appeal.

We'll meet tonight with web-based meeting held via Zoom.

We start with the uh we start with the uh roll call.

Yeah, Mr.

Rivers.

Present Mr.

Warinson.

Present.

Mr.

Jacobson, William.

Jacob William.

Pressen Joe.

Oh, as uh.

Okay, so uh the Peter Delusha are in, right?

President.

I'm here, Joe.

Present.

Okay, you have a darker screen.

What's going on?

Okay, I'm Joe Hannah, chairman of the meeting, chairman of the board.

Um like to have a motion to accept the minute from January 22nd.

I make a motion to accept the minutes from January 22nd, 2026.

Motion made by Mr.

Delusia or no.

I'll I'll second the motion, Mr.

Chairman.

Seconded by Mr.

Rivers, all in favor.

Aye.

Okay, the next regular meeting scheduled for March 12, 2026.

Um like to have a motion to open the hearing to hear the following applications number 26-01, 8 South Cornell Road.

And the number 26-02, 24 Hillendale Road, number 26-03, 73 and a half and 75 Osborne Street.

And that's it.

I think the 20.

One number 2604.

Well, say's road.

And that's it.

I have a motion to open the hearing.

Mr.

Mr.

Chairman, I like to make a motion open applications 26018 South Cornell Road.

26 dash 02 24 Hillendale Road.

26 dash 03, 73 and a half and 75 Osbourne Street.

And 26-04 12 Sage Road for public hearing.

I second.

Motion made by Mr.

Rivers, seconded by Mr.

I guess.

Mr.

Gigan.

All in favor.

Aye.

All right.

Okay.

26-018 South Cornell Road.

Anyone represent the applicant?

Um Myra Solano.

I will be on the applicant.

Can ask your name or your address, and then tell us your story.

My name is Myra Vermeer Solano now.

And I currently live at 16 Fremont Road in Brewster.

Okay.

Yeah.

And the property that we own is uh 8 Solano Brothers in the 8 South Cornell Road.

Okay.

Yeah.

So what the story there?

What are you doing?

Oh, so the story here is basically ahead.

So we purchased this property, and um I hired an uh like a contractor, subcontractor.

My husband hired him.

And um we he we basically he came in and he told us he would take uh control of everything, file permits, submit everything for us.

Um, you know, from the beginning to the end.

He would hire electricians, plumbers, whatever that needed to be done to get the job done.

So um we basically handed it over.

I travel a lot for work, and so does my husband, and um we trusted it enough to uh you know do the work.

We hired him and we paid him what he asked, and um we submitted some permits.

Um, he did show us the permits.

If you see like the application of permits that we did submit.

Um, so you know, we trusted him, and we thought he was doing the right thing by us.

And um, as time went by, we noticed that some of the workers that was working for him were coming to our office saying that he wasn't paying them, and uh this became a big thing, and it kind of opened a can of war for us, which makes it a bigger problem because he wasn't paying his workers, so that's what made me and my husband like a red flag what's going on, and uh we noticed he wasn't paying a lot of people, and he was just taking the money and not he didn't do half of the things that he told us he did.

permits um he did show us the permits if you see like the application of permits that we did submit um so you know we trusted him and we thought he was doing the right thing by us and um as time went by we noticed that some of the workers that was working for him were coming to our office saying that he wasn't paying them and uh this became a big thing and it kind of opened a can of war for us which made it us a bigger problem because he wasn't paying his workers so that's what made me and my husband like a red flag what's going on and uh we noticed he wasn't paying a lot of people and he was just taking the money and not he didn't do at half of the things that he told us he did so he ended up building this house which we thought was everything was being done the proper way and if you see the pictures attached how the house used to be and how the house is now you know he we built on the right side of the house there was a screen porch and then there was a deck in front of it and we lifted it up we created we did submit the permit to make uh another bathroom and uh we thought this was all like being done the proper way and then we got a stop uh stop work order when we found out that a lot of the permits weren't submitted so um I took over my husband we we had the office come in and start we we got rid of the guy and uh we hired an architect we submitted plans and um basically here to uh we submitted everything and some variants that we have to get approved because uh we thought that this was all done and apparently it's not and um here to see if you know we we're doing everything we're trying to do everything the right way uh fix everything that we thought was originally being done the right way and it wasn't and um yeah that's basically but when you start with the first guy did uh he did he get the permit for you or no yeah we did we did get the permits um did you make a check for the city with that permit yeah so basically we have an office because we also we have painting we do a lot of uh like paper wallpaper work and uh so he we have our office so the guy would go and you know my office would uh do the checks and give him the checks that he needed but we did submit permits and they were approved um hold on which ones were see um we submitted a builder permit in October 2022 that was for the roofing uh to remodel the bathroom one of the bathroom then uh what else uh to be honest I wasn't really involved I started seeing a lot of this after but um yeah I see there was there were some permits that were submitted and were approved and uh yeah uh what else was uh building permit replace the roof for the bathroom and then uh built in permit for to lift the we also did a builder permit to lift the second floor right side the framing of a new bathroom new roof new siding new sheet rock and tape um and then we had a stop work order and uh yeah but you're supposed to have a record of when the city make inspection you're supposed to have a record that passed and pass what nothing well no well that that's the thing that we we hired we hired this guy to Danny um virtue as his Birchy construction and we thought he was doing everything he basically said from the beginning on his contract I will submit permits I will do everything so I was not really much involved on this job like we just gave it off to him and you know we were paying him and we thought he was doing the right thing my husband would come here and there we would see you know he did have some permits and uh yeah we we thought he was doing the right thing and apparently he wasn't so we had a stop work or I did meet with a couple of from the building department we did meet on site um I I showed him everything that was done and we told him everything that happened and then he said all right well let's let's fix it from here and we started to submit all the permits we did all the architecture plans and uh here we are you know trying to try to fix it yeah we're trying to huh everything is okay now yeah everything's good yeah everything we we were doing everything the right way like I submitted everything we did we paid everything we needed to pay and uh now we need to get these variants approved uh you know if you guys approve these variants and I guess you know we should uh okay I don't have any other questions because there are many questions from the board you know Mr.

Chairman real quick yes um I did ask I did ask uh deputy director um Tim Razatti um to be in on the meeting he was involved in this project which would give the city side to it whether it's uh for or against it's just history so he's available for any questions from the board right activities to can you hear me now now I still uh it's a little out coy there to I think I got a double I think I got a double identity let me try closing one unless you can do that for me Melissa you have to you might you might be getting feedback on the list of your near her I think that'll do it was that 10 that I mean good Tim see what you got you're muted all right give it a shot Tim okay can everybody hear me now yeah we can all right sorry about that folks okay so um I was brought in to the project um I received a verbal

See what you got.

You're muted.

All right, give it a shot, Tim.

Okay.

Can everybody hear me now?

Yeah, we can't.

All right.

Sorry about that, folks.

Okay.

So um I was brought in to the project.

Um I received a verbal complaint back around the summer of 2024.

I had requested the unit office to stop out at the site and take a look.

Um they visited in July 16th of 2024.

They provided some photos of a deck and retaining wall that had no permits.

Um then I received some additional complaints, uh, you know, that the work was more than that.

So I visited the site around October 2nd, and that's when I noticed there was a second story addition, the front edition, the rear deck, you know, the retaining walls and the re you know, the um and the rear deck, you know, that was mentioned prior.

And there was also some grading that was done less than five feet from the property line.

There was some pipes with point discharge onto the adjacent lot.

So I had reached out to the applicant um for an inspection.

I didn't get any response.

Ray Bouchard had requested the project status in the in the portal for the active permit um for the half bath to a full bath, there was no response.

So that at that point, um, same date, I issued a cease and desist order.

So that's when we got some response.

And then Ray and I did a walkthrough, I believe, with with Myra.

And uh, you know, the inside of the house is beautiful, it's very nice.

Um, it's a single family home, but Ray had pointed out, you know, you're gonna have a lot of challenges to legalize all this um from the building standpoint, and then I had requested um you know a permit to be submitted to legalize that, or they'd already had it in at that point, but it was on hold.

So um at that point, um I needed a survey.

So they uh got architect Brad Damott involved in a ridgefield.

Brad drew up a whole site plan and uh plans for the property, and uh I requested the updated survey, and that's kind of what you're looking at now is you know, gives you an idea of what's existing out there that's you know to be illegalized at this point.

It's existing construction.

It was like a cape basically turned into a two-story um structure at this point and expanded where there was one story brought up to two stories, and then the deck was built on, you know, and then made to a two-story structure as well.

So about all the inspection done now, or not yet no, there was uh so if we go back to their permitting, their permit that was submitted March 6, 2025, you know, the current application.

So that that came in after the cease.

You know, they had they had one that was stopped uh in 2024 and February 29th of 2024, but that that was a different application.

Um so that wasn't you know, that wasn't the right app.

Okay.

Yeah, so what I was uh my understanding is what the architect told me is like that there's a stop work order, we can't do anything right now till we get this approval of whatever whatever happens from here, then we either we have to fix it, then we would have to move forward and but basically right now we can we couldn't do anything.

Like I can't permits, but till that to we get over this part, then I could move forward with you know doing everything else that needs to be corrected.

That's what I was told from the architect and well, he told me because he's been working back and forth with the building department.

Yeah, yeah, but uh let's see if Mr.

Luzati is done with his presentation.

Are you done?

So yeah, once once Brad and I spoke, you know, I explained to him that the application, you know, it the application would have to go to the zoning board of appeals.

It couldn't get zoning approval um with the current request for what's there because it doesn't meet the zoning regulations, the expansions require variances.

Um, you know, or or were they built on the dwelling, it requires a variance.

You know, you can't convert a deck to living area if it's within the required setbacks for the zone that it's located in.

So that that need required a variance and then the the additional um rear deck and retaining wall in the back, you know.

Um originally were encroaching on the neighbors' properties that was pulled back in the site plan to me know, and then um what you're looking at tonight in the zoning location survey, you know, they're bringing those back to within a one foot from property line.

Um, you know, for so that's that's the request there for so that's sort of the new additional structures beyond the say the existing footprint of the house, what was you know, okay.

Thank you, Tim.

Okay.

You're welcome.

Mr.

Chairman, hold on.

We can keep uh yeah, go ahead, Mr.

Chairman.

If we can keep Tim on for a sec, because I'm confused as to the timelines that Mrs.

Solano is giving us, and then the timeline of the um permits that were put in.

Uh well, I'll start off first.

Tim, can you run through how the permitting process goes?

Um and what it entails in the communication uh via either electronic or physical mail that goes with the permitting process.

Sure.

Um, so our permits are currently done electronically.

Um there's you know no longer paper applications being used.

So someone would start an application and go to our portal on the permit center website, and they would, if they don't have a user identity that with an email and a password, they'd create a user account with the open gov permit portal, and then from there they're gonna select the permanent application, um, which in this case would be a residential permit application for this scope of work that needs to be done.

Um they had submitted a permit application to convert a half bath to a full bath, right?

That came in in uh February 29th of 2024, okay.

And that permit was issued in May 7th of 2024.

And then so they I guess they had started working, you know, uh uh not long after that, and then that's when I got not long after that, into the summer, you know, of July of that year, the 716, I received the uh the complaint.

So normally what they would do is they would once the permits issued, usually you're dealing with the building department initially, you know, to go through the various courses of construction, they're reaching out either by email, a lot of the correspondences back and forth with the email with the applicant through the permit center or reviewing departments that are you know communicating with the applicant, okay.

And then so it when they get to the point where permits issued, they're either requesting an inspection, usually through the permit center, and the permit center is you know arranging those inspections, unless it's with a department that has to be arranged directly.

But buildings usually going to go out through the various course of construction to look at framing, mechanicals, insulation, and then you get to a final inspection.

Zoning's gonna go out before the final building inspections done where they're involved in a permit.

And any other respective departments that need to look at it, if the health department was involved, they'd be in there as well.

But on a permit like this, it's probably just building and zoning.

So any sort of communication would be electronic, there would be no mail certifying, hey, your permit was approved or anything like that.

So it just would be strictly electronic uh.

So usually it's like I said, everything's by default, the the program is gonna send emails because that's how the person signs up.

So as soon as a comment is made in the comment section, depending on what where the workflow is in the permit process, an email is going to be sent out, which rep when you're in the program, it it looks like a comment, and the person receives it as an email, and if they go into the program, they're gonna see it in the comment section.

And if you know, if if it's not a response, then someone may follow up with a phone call and said, okay, they're not responding to an email.

Let's give them a phone call.

That would be the second option.

But usually it's mostly done by emails.

And then my second question would be you guys would the city of Danbury, whether it be the building department or the zoning department, uh planning and zoning, you guys would have any records of any permits being pulled on an address going back a certain amount of time.

His is there a history?

Is there a database that we keep within the city as far as our electron our electronic database goes back to 2001?

Um there was a prior electronic permitting system.

And prior to that, permits were done separately with separate departments on paper.

So even our permits from 2001 to 2019 were still filled out as paper applications, but then they were entered into a green screen program through HTE by permit staff.

So the the data entry was done electronically.

We can look back quickly to 2001 and easily see, you know, for any given location in Danbury, if there were permits taken out.

Um prior to that, you know, we'd have to look through paper records in each respective departments.

Okay.

So then my question to Mrs.

Solano is when was this construction done?

Was it done in May of 2024?

Or was this construction started prior to the permit being pulled in 2024?

Of my understanding, it started when he had a permit.

Because when I spoke to my husband, he said when he went and he's he was met with the Danny, the guy on site, he had a paper in front of the property.

He didn't read all the description, but you know what I say is like you guys like do print out the permit, like you have uh work permit to work.

He said it was in front of the property.

Like, you know, I uh mistake of of my husband Carlos to go and read exactly everything, but you know, we trusted him, and he's like, There was a paper, you know, you have to place it outside of the property.

So if you guys pass by, you know, we we're working and we have permits to work, so to do the work.

And he said he was like, there was a permit there, and everything.

I mean, we thought, yeah, we we didn't work till he had a permit.

What permit did he put submit?

Maybe he didn't he didn't do all the permits what to all the work that he was doing, but he did put permits for some stuff that he did do.

But my question was when did the construction of the home begin?

Was it prior to May or May of 2024 or after May of 2024?

When he was issued after that he was issued the per the work permit.

That's when the construction I'm trying to figure out what date that was because it's relevant to it's relevant to the application here now because I'm trying to figure out I have I would have to look when the permit was issued.

When they get I I don't have that on me.

I would have to go back to the portal.

Can we uh can we answer that?

Ma'am, uh I'm I apologize.

It's where we are not at the public portion of uh of you know commentary yet.

This is between the board members and the we all get your opportunity to speak, uh, but uh I'm I'm trying to uh ascertain information from the applicant.

Yeah, you'll get your chance.

Let's understand.

Yeah, so Juan, to be honest, I would have to look back at uh the the permit the portal because of my understanding it he worked he started working after he got the permit.

Like he because I remember he had a paper outside of the the window on the property, so I would have to like go back into the the login and see when what that was issued.

But my understanding that that's when he he started working.

I don't have the exact date on that.

I mean what I'm with what I'm gathering from Tim is that there was no permit submitted with the city, so that's why I'm trying to ascertain whether this construction began prior to 2024 or after 2024.

Uh because there's nothing.

There was no permit committed at all.

Yeah, the the uh the permit to commit a uh uh convert a half bathroom to a full bath that was submitted in February 29th of 2024.

Okay, the that permit was then issued on May 7th of 2024.

So I see and we had submitted a permit on October 2022.

What permit was that?

That's yeah, that's a roof permit.

You you are correct.

Yeah, so I I've my understanding that's when we thought that the permit was like that when he submitted that.

I I would say like that's what I'm trying to figure out if this construction began prior to 2024 because a permit for half a bath, and now we have a we have a big house with retaining walls and tax.

That's that's a big that's a big gap there as far as construction, you know goes.

Yes, I would say like October 2022, then yeah, that's when he submitted the permit.

So between October 22 that he submitted to what the time frame that within maybe a couple months after that, he you know, it takes time for that to get approved.

But I know that he had a paper outside the window that said there was a per a work order like permit for us to work.

Uh I mean I don't have any other questions for now.

If I do, I'll come back.

Okay.

Anyone else about one second?

Anybody want to talk?

You got it.

I have a couple questions on the board.

Yes.

Um for Mrs.

Solano in in the application for the for the variance.

It implies, I think you're saying that you never saw any drawings for the construction.

Is that correct?

No, I did not.

Okay.

Yeah, like I I wasn't really involved in the project, to be honest.

Danny, the car the car construction worker was the one involved.

I would show up.

I just try to understand if if the plan, yeah, you know, you say the the work grew from you know the original idea of renovating a bathroom to you know a large scale renovation.

I'm just trying to clarify that was planned and done, but no one ever saw any drawings of what this would look like or how that was decided, what the what the whole design of the additions to the house would look like with no drawings.

I I to be honest, I didn't see it.

I wasn't, I didn't see them.

Okay.

Thank you.

The best thing was convert them in the half mass and go full bathroom.

No addition required.

Anyway, any other question from the board.

This is Jacob.

I have one question for my yes.

So you submitted an application, permit application October 2022.

Was it for changing the roof shingles or go second story and add a new roof?

Of my understanding it was that to uh to not to change this the roof, the roof was very old, so it was to replace the roof.

Yeah, that the did you did you ever do that?

Yeah, he did it.

I'm sure he did it, yeah.

After raising the second story, or after raising it, yeah.

Because we did submit a permit uh here on in March 20.

Well, that was just March 2025, but I guess that was after the fact uh for lift the second floor, right side framing of a new bathroom, new roof again, new siding, new sheet rock tape and taping.

I don't know that that was submitted after.

Yeah, yeah, I was talking about the October 2022.

Yeah, that was supposed to be I guess, yeah, because we were they planned to lift the right size, so that was supposed to be part of it.

Yeah, after the yeah, I to be honest, I don't really replace the roof, yeah.

Okay, but just to clarify, then if the permit for the roof in 2022 was to lift no, that wasn't to listen to it.

That was just to re to to change the the old roof to a new roof because it was very old.

Okay, all right, yeah.

I I think if I can jump in, I think what part of what people are trying to clarify is if the lifting of the roof and the addition and everything was done prior to February 2024 or after February 2024.

Um that's what can you repeat that again?

I'm sorry.

If if the addition, you know, in lifting the roof from the cape to two stories was done prior to February 2024, or after that 2024 being when the it was done, it was done prior because then we got a stop work order, yeah.

Because there was we got a stop work order on October 20, it was October 2024.

Right.

That's when we got the stop work order, and that was already done.

So this is where I'm saying, like, I hired this guy and he did all this work, and that's when we found out that a lot of these permits were not submitted, and then we got the stop work order, and then that's why we started submitting building permits.

Okay, I'm not sure it's not making sense because it it either with the with the roof now, it's not making sense.

You either replace the roof and then three years later you replaced the roof again for the addition, or you replaced the roof and added the addition in 2020.

That's what we did.

That's what we did.

But so we basically when we did the roof, we the addition was done, and this was all done before the stop work order of October 2024.

Then when there was a stop work order, you guys gave us a stop work order.

That's when they they came to where we started, we found out, and then that's why in October March 2025, we submitted basically a permit for all the work that we did, and I met with um the builder inspector.

What's his name?

The guy that was just talking.

I met with him and his co-worker, and we went on the job site, and I met with him, and I showed them the whole entire house.

I showed him everything that was done before the stop work order, and I'm like, listen, we gave this guy the work.

We we told him he was he was gonna do a thing from eight at the end.

That was that was the whole contract, right?

I was not really involved in the job.

I would go there, I would show up, see the progress, okay, and I would leave.

That's it.

And then um, I met with the building department and I showed them I told him everything that happened, I showed them the property.

I'm like, this is what we have.

How can we fix it?

Moving forward, what do I need to do to fix the problem?

And then he's like, okay, you need to get an architect, you need to get this, you need to get that, and I got all that, I got all the plans, I got all the surveys, and they told me, you know, we went over the property line, which I wasn't even aware of, and they told me everything we did.

So here I am.

I'm trying to fix everything that this guy Danny did when we thought he had done the right thing by us, and he did it.

You know, I could show you proof of all the checks that I cut for this guy.

There was a lot of people I even had to pay out of pocket.

All his work is that he did not pay, and you know, this job has cost me so much money.

It it's for me trusting this guy that I thought was doing the right thing, and he did it.

So right now I'm trying to fix it.

I thought we had permits from the beginning to the end.

I didn't see any really plans.

My husband was more involved.

He would talk to him here and there.

Like I said, I travel a lot, I don't really and I would see the progress.

I'm like, great, it looks nice, it looks nice, everything's going good.

I thought permits were submitted and they were not.

So that's why I don't really have the exact dates for a lot of the things.

I mean, I'm just going by what my office gave me.

They gave me a lot of the paperwork and pictures that I was sent.

So of my understanding, we submitted on October 22, 2022.

All the permits were supposed to be submitted, which they weren't.

He did work, we had a stop work order on October 2024.

The job was already done, whether they did the roof connected with the whole thing.

I don't remember exactly what time the whole thing was done.

But I know that we left it the right side where there was a porch in the deck.

We left it in okay.

We've got to move forward because we can't repeat too much of the thing.

Um now you have your permit and you're ready to go now.

Once you get the yeah, because we want to streamline these things because we have other three-four application, they're gonna take too much time.

We're gonna be Mr.

Chairman.

I like the point of order on that.

This is very important.

As of right now, if I'm not mistaken, and Tim and Sean can correct me, they don't have a permit, they have a uh stop and desist, and they're here for variance.

She said she said I met half a path.

Uh but I met with Tim.

I but I know they have the stop and disease, right?

But I met with the the building department guy, and he told me what I need to do, and this is what I need to do before.

If she had a survey and she plans to send it to the city, yeah, but I need to speak.

I don't know where we can find out if she had a permit or not.

Is Tim are you sure?

I can't I can answer that.

Um, Mr.

Chairman.

So the permit you see 25-653, that is the permit application that was submitted after the cease and desist order was issued.

Um, and that's basically to legalize the work that you see that's before you tonight.

Yeah, and then that's on hold for zoning because it you know, once that's submitted.

Well, if we're make decision and application, then the permit will be denied or will be uh available, well, approved, right?

Yeah, yeah.

So once I get like if everything works.

Okay, so that's what I'm trying to get at this point because if she's well set to go with the thing, all we have to do is talk about the uh variance for the addition was done, whatever it is on making it that and I get all that, but the thing is she's here for all these variances to get whole with this uh this permitting and project.

The thing is, I'm having a difficult time finding the hardship in all of this.

Um on the variances, and so I'm trying to gather information here and figure out this timeline because she's in front of the CVA.

She hire somebody somebody not qualified to do the job.

I don't know what's going on, but the thing is done, and now we need to think about whether to approve the the the uh variance or not.

Let's discuss the variance, how much effect I have on the the neighbors or the community or whatever because if the variance is not a condition, that's not a condition that unfortunately a contractor duped her and scammed their way into this project, and then now they're sitting in front of us, unfortunately.

That's not a condition within the zoning regulations.

It's not a condition for what we need to for variance approvals, the variance approval or not approval, we need to discuss that.

The variance approval or not approval, we need to discuss that.

That's what I'm saying.

I'm not saying approve it.

Okay.

I'm not saying that either.

I'm just saying that we I understand that we have plenty of applications that are ahead of us, but we need to get this right because once this is approved, they're trying to get it right.

I think if she get the survey and trying to get the building permit, and it's in hold dependent on a variance.

If she gets the variance, she's gonna get the permit, and she's gonna get all inspector, yeah.

I would do the work now.

So that's that's what's gonna happen.

Things have to but I'm here trying to fix the problem.

The variance holding everything, or will be denied, will be approved, and she got everything worked out with the building department.

Yes, correct.

I think my just my point of inquiry is that I don't think that we need to rush through these applications because we have other applications.

We have to take our time, and if we need to ask the questions, we need to ask the questions.

You can there's five variances here that we have to explain, we explained the dates for a permit and inspection and the whole letter, and we still go and Mr.

Chairman.

It wasn't making sense, so I was trying to make sense of it.

Okay.

Anybody from the board have other questions?

No, uh the only thing I want to say is that there's there's five variances here that have to be reviewed.

There's five or four.

Oh, yeah, see.

So I I I guess what I'm wondering is how how we're gonna approach this.

Isn't just one forgiveness variance that we're trying to get through here.

How how do we this this is a little bit more complex?

It is one of the variances is 15 feet down to one foot, you know, of the property.

I mean, there's encroachment on a neighbor's property line too.

Um it's a little complicated.

I mean, but uh I guess we need a starting point.

But can uh can we have this and uh uh the survey and show where he set back line on uh I went there, but uh I see snow everywhere.

I don't I cannot visualize anything.

Um okay.

So the let's see, where is it can you zoom that in for Joe?

I'm asking Sean if he can zoom that in for for you so you can see better.

Yeah, proposed the proposed wall clear line.

So the wall, the wall, the mark with the red proposed wall clean or flat line.

That's on the stairs, is that inside the lot line by what one foot?

Uh I'm asking Miss Salano.

So you're asking me.

Yes.

The stone wall you build to where where we're uh with the the retaining wall next to Arthur stock.

Um is that crossing a line or not crossing a line?

That's the residence that proposed to on the survey that I have here, Mr.

Chairman.

It looks like it overlaps the property line.

It's correct.

Yeah, so that's like a deck.

That's like the the stairs to going up to the deck.

Oh, so we have like a fence, a fence that you guys don't have the pictures of the property.

I I I'm looking at the survey because if you look at the pictures, but showing or 10 can you opine on this?

Yeah, look at the plan where the house is, where uh you know, but you need to be aware of these things and and explain them because um yeah, I have some photos I can share also.

Yeah, how far the water the photos because it it's like they could get a better view of what's on site.

What's on site?

I want that today, but I don't see anything.

Is it is it's too much snow everywhere we submitted um, I mean, we we sent it to the lady and we sent her all the pictures.

I I don't know.

You do have them?

Yep.

So can we can they see them?

Like the side of the right where we kind of went over the property line screen.

Listen, the picture is not gonna show how far you are from the property line.

Okay, the picture is only gonna show what's out there.

But this is the survey plan showing the red, which is uh the stone wall right on the black, right on the property line.

A little bit, I don't know how much off.

Sean, you can share your screen again.

Sorry.

Wasn't it orange?

Sorry.

Well, Mr.

Chairman, I I think Tim uh had an answer for us uh on that stone wall, whether it was over the property line or not.

Sure.

So if you want to let them speak.

All right, sure.

Tim can speak anytime.

Can you okay?

So can you see the plan?

So yeah, on that survey, you're looking at the red the red retaining wall is you know, you you have you have encroachments, right?

So that's that's uh on Arthur's stock and Linda Stock's property.

You have the you know the uh an encroachment, and then you have the the retaining wall that's also encroaching to the rear of the property, you know, to Tammy and Kristen Michael's property to the rear there.

So um, so the the proposed um survey showing you know that the retaining walls being pulled back both on the side right side and rear side property lines to within a foot of the property line, right?

That fence are you talking about?

The next fence or that on the wall.

So there's a retaining wall and a fence, so they're both being shown to be pulled back.

So that's encroaching on correct.

Okay.

That's good to know.

And then uh now uh miss Solano.

Yeah, I don't know if I say your name, right?

So yeah, that's my yeah.

Are you willing to move that wall or what?

Yeah, of course, yeah.

We're willing to move it.

If I mean, I mean, obviously, I'm somebody.

So you're gonna make okay.

We'll reduce it to be on our property line, but yeah, definitely we we're willing to you can't encroach on someone else.

We cannot approve anything for you.

Okay, I completely understood it.

On somebody else's property, so you have to make good with uh um yeah, we're willing to to remove scan you move that wall because I see you have steps over there on the other on the side.

Yeah, yeah.

I remember I we would uh we would have to reduce.

I think that entry to the steps.

I think it's about um I'll see like four feet.

I think we can have four or five feet, so we would have to reduce the foot in like this bring it in, like we made it too wide, and then we would really huh?

Yeah, correct, a minimum of at least four feet.

Yeah, so you'll be in by at least a couple feet inside the property line.

Yeah, but we're willing to reduce it, like we're willing to cooperate wherever you guys tell us to do it.

We're willing to do it.

Um else from the board have a question.

Anyone from the board have another question?

Anyone in the public support this application anyone in support of this application?

Anyone in opposition of this application?

Yes, good evening.

It's Arthur and Linda Stock.

Uh, we're the hold on, hold on one second, Mr.

Stock.

Wait, you're in opposition, right?

Yes.

Okay.

Tell us your name, where you live, and let's see what's on your mind.

Arthur and Linda Stock, and we live at 10 South Cornell Road.

Our our issue.

Thank you for hearing our concerns.

Our issue.

Yeah, we're fine with them moving the retaining wall back and cutting the stairs down.

That would be great.

However, when when the there was a natural fence line on the south side of that house where that retaining wall is, which was a 10-foot high um there were bushes, they were they were about three feet wide and they were 10 feet high, and they went along the old structure.

They covered the whole side of that house, which gave us privacy and also separated separated our houses and kept kept the property separate.

There was also uh which was taken out by the by the new owners.

There was uh a flower flowers going all the way up inside that that's what actually marked off the property lines.

There's like two feet from we have we have Belgian blocks on our driveway, and about two or three feet of the grass on the other side was ours, but uh now it's not ours because they uh they're they're taking care of it, but they also ripped out all the flowers that were in there, which uh I don't care if they put them back or not.

But the the fence, the natural fence.

I had actually talked to Miss Salerno one time when she was there, and I did talk to the contractor that she says dupe them, and when he asked us for permission to remove that natural fence, we told him as long as you're putting something back soon because he couldn't work on the side of the house when the when the natural fence was there because it was just too too tight.

So he said absolutely, and I talked to Miss Silarin one time when she was at the house too.

She said she would also put the natural fence fencing back in, so we would get our privacy back, and that's been a year and a half or maybe two years ago now since that's happened.

So part of that retaining wall that's towards the end of the yard, it was never finished, and that's right outside of our shed.

So if there's a lot of water or anything, I mean it could collapse.

And the other thing is it's it's also a hazard the way it is because we have a basketball hoop in the backyard for our grandkids and our kids to put our our son to play on, and if the ball happens to roll over there, fall in that that that thing is about two uh one and a half, maybe two feet wide, and it's at least four feet, if not five feet deep, and we actually had a baby fawn fall in there, and it was trailing.

We have to call animal control to get it out.

So it's and so I'm just thinking if a fawn can fall in there, so can a kid.

Well, now we have a grandchild, so we're concerned about that too, and you know, the kids are so you have the water on that house coming to your house, your property.

That's what you're saying.

Uh the the retaining wall that's right next to our shed, it's lower than the the dirt, so if we get a lot of rain, the dirt can wash away and the shed can move.

Yeah, that's that's so and that's another thing that we mentioned to the owners, and that was never finished, and one of the other we just have no privacy anymore in our backyard, and another thing, whoever moves into that house, if they're doing something on that deck, and you know, maybe they drink or whatever, and they could fall into our driveway, and we could end up getting sued easily.

So we're concerned about that too, because it's it'd be just a step off the porch onto our pay our paved driveway, they can get hurt.

Yeah, they're right, they're right on our property.

Can I say something?

So if they move the stone wall, and you want the stall wall higher to stop the dirt from washing down.

Part of the stone wall is level with the dirt, part of it is below the dirt.

It's actually not a stone wall, it's it's it's just understand that.

Yeah, but if if they if they move the wall and they raise the wall, is that address your concern?

They would need to raise the wall towards the back of the yard, yes.

And also finish it actually, some sort of some sort of covering over it, so no one could fall into it.

Yeah, because right like you told you a deer fell in it.

We uh so if a deer could fall in it, a child could fall in it.

Yeah, the deck is not attached to the stone wall.

There's like a gap between the the stone wall and the fencing that's underneath the deck, and there's some lattice on the bottom of the deck.

I think it's plastic or fiberglass lattice on the bottom of the deck that's you know, maybe six inches away from where the retaining wall is now.

Okay, can I speak that can I say something?

Okay, uh one else opposing this application, and also we uh I wanted to mention before when you asked about when the construction started, it started early at 2023.

We know that because it was very noisy that year.

Okay, listen, let's let's keep the story straight and remember to say everything at one time because we can't be we need to uh hear other application, and we don't like too much repetition, but we heard everything started and not started, and now we have to decide whether you know we don't want anybody hurt with any of these uh construction sites, it's our job to protect the uh the uh take the uh the safety and the well-being of the community.

So we don't want to support anybody to encroach on somebody else or improve something over somebody else's property, but we like to keep everybody happy and well-being.

So I need to ask the question who is in uh position for this to finish.

If you're the only one, I like to move forward if you finish your uh opposing argument.

You have anything else?

I think we covered the things that uh that we were concerned about, and I think they're pretty major concerns, especially the safety issue.

We just want our privacy back.

Yeah, we want a privacy back because we had a beautiful natural fence that and we were told that you know it would be replaced with either a fence or a natural uh uh you know, other trees, but that wasn't done.

Okay, anyone else in opposition for this application, okay.

Uh now the now if you miss uh Solano, okay you were gonna say something.

Can you respond?

I just want to say uh to Mrs.

Mr.

Mrs.

Doc that yeah, that's I I I remember I did speak with him and he told me about the trees, and yeah, we do plan on putting a priori trees like to create a wall so they can have their privacy, and like I said, we're willing to fix the retainer wall, build it higher, fill it in for safety, whatever needs to be done.

We're here to fix it.

That's why I'm here.

Like I, you know, I understand it's their property, went over the property line.

We'll reduce what we need to reduce.

I'll plant the trees that we need to plant, I'll do everything that you guys need me to do just to make it right.

Like we just a good neighbor.

Yes, and you know what it is.

My mother's gonna live there.

Um, you know, my mom's elderly with her husband, they're gonna be living there, and just the grandkids are gonna be over as well.

So it's like, you know, um, I just want to make it right, you know.

Uh, whatever you guys need me to do, I'm willing to do it.

I'll give them their trees, their privacy back.

Um, you know, there's not gonna really be much noise, like I said.

My mother, she's 60 years old, and my my dad and my the grandkids are gonna be over, so it's you know that's that's we that's why I'm here.

I'm here to fix it, and I'm really sorry for any convenience that we have cost you guys.

Yeah, well, anyway, uh now with the uh board members.

I think we address everything, she's willing to make up for the moving a wall or raising a wall to stop the erosion and installing a fence between you and uh stock family.

Is that correct?

Yes, I'm willing to do it.

Okay.

Now it's back to the board.

If you have any more uh discussion, or you want to make a motion to close this, or you want to retable it to bring uh another um plan to show the wall move for how much are you asking me or you're no, I'm I'm talking to the body.

Oh, okay, okay.

Uh I don't know what the board wants to do, but before we close the public hearing.

Um and this is again nothing against Mr.

Solano.

I you know, I'm sorry you got you know, uh duped by this guy.

No, but I think heard I haven't heard the hardship to make me feel comfortable to pass these variances.

I'm not in favor of this, so I'll just state it now before we close the public hearing.

So that way we close if we close the public hearing, we obviously can't come back.

If the other board members feel differently, that's fine.

But I just want to state that so the board members know that if they want to table it and go with your you know, plan of action and moving the wall.

That's fine.

That's I just want to state that for the record.

So uh it's not discussion closed, and then we can't, and then we can't have it, we can't have it come back.

So are you guys Mr.

Delusia, Mr.

Skigan, Mr.

William?

Do you want to come back with the uh yeah?

I'm not a big fan of kicking the can, but I think this is a little more complex situation here that's gonna require a lot more attention that we can give in in one night, you know.

Um, I just want to make sure that we do the right thing.

Okay, so you would like to see a plan where the wall moves in, and what I want to I want them to come back with a plan of of how they're gonna rectify all these variances that need to be put in place.

Listen, the fan is for the addition is already done, unless you want to cut it down, but the variance for a wall, what effect in the neighbors, yeah.

She is willing to work out on these things, but it looked like she cannot do unless she eliminates the steps and cut the deck out.

But I don't know what you guys want.

I I'm um I have to go with uh, you know, if you need a further discussion of this situation, he come up with a plan where the wall is gonna be, how high, and how much you're allowed to make a wall without uh engineering study.

I I know more than three feet.

I think you need engineering study, so I don't know how high the wall is.

Anyway, so uh you guys put your input about how you feel about the situation, so we can tell it to retable it, or we can vote in it and but what are you gonna do?

You're gonna knock the whole house down, you can't knock it down.

I don't it's a tough situation through the chair, since this is still open uh public hearing wise.

Uh, this is Sean Harry on the zoning of personal sir.

But you remember when the variances are pretended to present it to you.

The the hardship is needs to be just clearly defined that there is a hardship here.

Um that's what you're resting your laurels on.

If you can't recognize the hardship, there's no there's there's no there's no detail you can go into um with an engineered study that's going to relieve a hardship.

So you guys clearly know what hardships there are and what there aren't.

So I think if you focus on your hardship requirements, I think that's the way to go.

But if they don't have a hardship, then what are you gonna do with the uh knockdown the addition?

Um just if there's no hardship requirements, Mr.

Chairman.

You deny the application, and then I it with prejudice, or you can just deny it.

So that again, don't you cut out if you deny the application, you deny it with prejudice, or you deny it.

If you do choose to approve it, you can approve it.

Um but when you deny the application, the application has to be resubmitted.

If you don't do with prejudice, they can come back in, try to listen to your concerns and resubmit.

But right now you just have the variances in front of you.

Okay, so can you one more chance for you to restate your hardship beside that you hire a crazy contractor, Miss Solano?

I mean, what's the hardship for you for doing that?

Well, well, if you don't know the hardship by now, I don't know.

I was just bringing to the paperwork.

Well, I mean, to be honest, I mean, my only hardship was like I said, I hired this guy.

Um, I had good faith in him thinking he was doing the right thing.

You told us a story about this.

You hired one guy, then you hire another guy, right?

No, I had the same guy, it's the same guy I've always had.

I had one guy, and uh I mean, like I said, everything I thought everything was going properly the right way, and apparently we got a stop work order, and here I am trying to submit and do everything correct, everything that I need to do.

So that's it as it is what it is.

This is what I have for the book now, whatever you guys want to go for.

Well, we're in public hearing, so uh Mr.

Chairman, you mentioned something about table and submitting new plans.

Uh if you if you guys want and be I don't like to see knockdown edition, but I I I'll make a move the wall.

I'm in favor of moving the wall or whatever.

If we have to cut the deck down, cut the deck down, but I don't know if they can enter from another one.

But that's why you guys have to everyone put his input.

And if if it's okay with you, she move the wall, put the fence, make up good with the neighbors, and she said she's willing to do whatever required to do.

I don't know.

That's fine.

I mean, I I've stated my uh my comments for the public record.

Uh I'm just whatever, whoever if everybody is not okay with the situation and they want something changed or you know, done.

Now is the opportunity to do it because once we close the public hearing, there's no coming back.

Now then we go straight to voting voting sessions.

Um this is the opportunity now to if there's any ramification uh any rectifying of the situation.

It should be okay.

Let me let me get the feelings here, Mr.

Williamson.

Can you tell us how you feel about this?

Yeah, my feeling is that which one of us?

No, Williamson.

Mr.

Williamson, Keegan.

Okay.

Yep.

Um I I think this is a very unfortunate situation, but I do not see a hardship as defined.

Okay, Mr.

Delosha.

Um this is very, very difficult.

I mean, I I I can see this happening.

Uh permits weren't pulled, what have you?

Um of this stuff can be fixed, you know, the the the retaining wall, the fence in the back to make it yeah, to make it safe.

I I don't know how we're gonna get around the addition, you know, off of the non-conforming uh property lines.

Um I'm not trying to kick the can.

I mean, I it my vote would be to table it then or at least not deny it with prejudice so that they can come back with some kind of a more intense makeover on this.

Okay, Mr.

William.

Yeah, I suggest tabling this for the next meeting and come up with a better plan addressing the concern from the neighbors, moving the fence, moving the retaining wall.

It's a complex case.

So what what time what time frame do we have?

Because we tabled this last time.

Are we within we still have time for yeah we didn't we didn't open the public hearing last time, so the clock for the public hearing just started tonight?

Okay, okay.

I want to confirm.

I want to confirm.

Yeah, well, but uh we need to ask her if she can come up with a plan for the next public hearing or for after.

Ms.

Solano.

No, Mr.

Chairman.

So what we would be doing tonight if the board members decide to table this is that they would uh they would just come back.

There they would be no um, you know, no time.

No new hearing, it would just be a continuation of the of the hearing.

Okay, that's fine then.

What we have to explain for her what she has to do.

Okay, uh uh the the board feel they're gonna they want you to retable this your application for next meeting or a meeting after whatever, but you need to make a different plan.

They like to see Mr.

Chairman there has to be a motion on the floor.

There hasn't been a motion to table this, so we can't explain this to her unless there's a motion made.

So there would have to be a motion made, seconded, discussed, and and you know and voted on for us to explain to her that what the next process is if this gets tabled.

Right now, we're still in open an open forum, and there's been no motion to table.

Yeah, but if she doesn't want to retable, okay.

Make a motion, make a motion to close it and then make a motion to the table.

Make a motion to close it and then make a motion to the table.

We can't no, we can't close it.

If we close the public hearing, it's done.

All right, I make motion to the table.

Um, really quick, Mr.

Chairman.

Direction is going to be required from the board to give direction to the applicant of what the ZBA wants to see to that's what I was trying to say, but he doesn't want to like it because we have to.

I thought you were it.

I thought you were going to have to understand.

Well, she's coming back, what she needs to do.

The main issue is a stone wall and the fence between the neighbors and the and the she have to how much she move in the stone wall toward her property.

Can't have it encroaching on other neighbors.

If she's willing to do that, retable it and let her come back.

That's what I was trying to say.

Otherwise, we vote in it to deny it, you know, whatever.

Yeah.

Are you willing to bring a new plan where the wall is gonna be, and you're gonna put a fence between you on the stock family, or no, or redirect the water that's going over there or no?

Yes, I'm willing to move it back into my property and we're we're gonna re-table your uh application for the next hearing or hearing after whatever you can make a plan and come back and show up in the plan.

You gotta show in the plan how far the wall you're moving it back, what you're doing exactly, okay.

Now you can go ahead and make a motion to re-table the application or commitment.

Okay, so basically, so basically, you want you guys want me to come back with another proposed plan and show you what I'm gonna do.

Like I'm gonna move the retaining wall, lift this up and move the deck this the deck in back into my property.

So you want me just to like lay it out to you?

Yes, and I can architect.

We can't approve something for you and all the plan because all the plan we we approve as per plan submitted.

We don't approve just by vague things.

We like to see the wall gonna be two feet from the property line.

The wall is uh four feet high, three feet high, whatever.

And then if you're gonna put a fence between you and the stack family, they are your neighbor.

You guys discuss the thing, then put that in your tank, and then the board will maybe you know, have to look at your application and you can set it.

I don't know what you want to do.

Through the chair, real quick, Mr.

Chairman.

Uh board members.

This is a complex variance application.

One move could affect three of the variances that were petitioned for or more.

So what you may get back is not what was advertised.

What you may get back is something totally different.

So please keep that in mind when you ask for you know things to be done that aren't specific or specified for an approval.

If you're saying come back and try to please us, that would be a tough requirement for us to be able to make those variances still fit this advertisement.

Well, I'm confused, just giving you a heads up.

Well, I I feel that if she moving the wall, the neighbor happy.

She showed me a plan moving the wall a bit, a little bit, you know, only lots over there, right?

Are small and they are they done a long time ago.

But is the board members whatever everyone wants, you know, everybody state his position, whether you vote in the continuation or not continuation, whatever.

But I'm not guaranteeing that approving everything, but let's make her presentation much better for the board to see it.

Well, Mr.

Chairman, with what Sean stated, they're doing this.

And then this is just my opinion as a board member, it's not the opinion of all the board members.

And if that's the case, why not deny the application without prejudice?

Let her go talk to Sean and Tim and see if they can come up with a better plan that can be more uh you know, appealing to to the board members, and then and then have her instead of wait having her waste money to redo survey plans, yeah.

And then have her instead of wait having her waste money to redo survey plans.

Yeah.

And find all of this stuff.

Have just deny it without prejudice.

Have her talk to the city zoning and planning.

Come up with a better solution and then come back and and and resubmit.

That means you have to reapply again, right?

Sean.

Yeah, without prejudice, that way she could come back.

Yes.

If we table this, we're gonna make her waste double the money that she would, you know.

Thanks.

She's gonna spend the money for the applying anyway.

She's gonna spend the month.

Whatever.

Go ahead, make the motion.

Whatever.

Oh Mr.

Chairman, can we say something before you do that?

Sorry, Mr.

Stark.

We're you know, we we we allowed the public commentary already.

Um yeah, you're done now.

We're just not on the abutters list.

That's all I wanted to say.

You can't talk no more now.

Already we're not on the we're not on the list.

Yeah, we just wanted to mention that um we're not on the abutters list.

So we don't know when the media we didn't we never re we found out by accident about this uh hearing.

Yes, that's what we're trying to do.

So we just want to be on that list because we're you know the the main neighbor.

We will remedy that uh stock thanks, thank you.

Okay, well I'll make a motion to close the the application made by Mr.

Second.

I think the board members I think the board okay, all in favor.

Okay, you gotta wait, man.

You're rushing too fast now.

Motion made I wasn't done talking.

Oh well, you said you're closing the hearing, and he seconded it.

I'm saying that I can make the motion to close it, but it seems like the board is split.

Some of us are in favor of tabling the the application, and some of us I don't think are in the favorable side.

So I have no issue closing the application.

So if somebody else wants to make the motions, they can to either close it or table it.

But through the chair, uh you have two guys uh one of the chair, uh three guys want at a table and you wanna close it.

I don't know.

I I uh I like to see it re-table in the meantime.

She can talk to Sean and see what happened, what she needed to do and come back and get it done, let it approve with the city, whatever she can do.

The next time you guys don't want to approve, audio approve, whatever.

All right, so I'll I'll refrain from closing the public hearing then if that's the case.

Okay.

All right.

So anybody wanna um there is a motion on the floor.

Um, so either one would need to rescind the motion since it's been seconded.

Um, and or if we're gonna vote on it, if you can do a roll call vote.

Oh please.

Uh I'll rescind my motion.

I wasn't making a motion, I was just I was talking and it was taken as a motion.

But I'll have her send the motion to close.

You made a second to be send.

Okay.

You made a second to resin.

I I don't think uh uh I I wouldn't need a second because I was the one to make the motion, so I'm rescinding my motion.

Okay.

So we don't need uh a motion to retable, right?

Sean with tell them to no, you got the hearing's still open.

You could table it and continue it.

You can do a continuation, no problem.

Okay, we uh we wanna continue your application, but you need to bring a better plan for us.

Okay, and then you know, we gotta be specific set and things, but that's no guarantee that they're gonna approve it or disapprove it.

I just want you to know now.

I'm not telling you bring this and we approve, you know.

I mean, you discuss with with Mr.

Uh about what you need to do, and he'll they can help you out.

Okay, we're gonna retable it for the next meeting or the meeting after you don't have you can check with them how much time you have.

Okay, okay.

Okay, perfect.

Thank you so much.

Have a good night.

Okay.

Somebody's gonna do that.

Are we gonna make a motion for that?

No.

He's got two.

Table it.

Yes, we need a motion.

Any motion.

You you need a motion.

Go ahead, Pete.

Um you just grabbed it.

I'll make a motion to table 26-01 8th South Cornell Road, Ace Salano Brothers LLC, R820 zone section 483.

Reduce Southern Yard setback from 15 feet to 3.6 and reduce the northern front yard setback from 30 to 24.8 for legalization of previous edition, section 483 reduced southern yard setback from 15 feet to one foot and reduce eastern yard setback from 15 feet to 8.7 for construction remodeling of a deck and allow grading within five feet of the property for construction of retaining wall to be continued.

Motion made by Mr.

Elosha.

Any second it's second, seconded by Mr.

William.

All in favor.

Aye.

Aye.

You got four.

Everybody in Mr.

Keegan, you're in the in the vote?

Excuse me.

Aye.

Okay.

All in favor.

So motion pass the table.

Now we move to the next one.

Application 26-02 24 Hillendale Road.

Yeah.

Anyone uh represent the applicant.

Yes, good evening.

For the record, my name is Ralph Gallagher.

I'm a licensed professional engineer with office on uh Mill Plain Road, uh representing the applicant for 24 Hillendale Road.

Um the variance request this evening is for um while grading within five feet of the property line and increase the maximum driveway grade from 12 to 15.7 percent.

So the hardship for this particular one, it's a very, very small lot.

That's number one.

It's very steep, that's number two.

There's a wetland in the back that we're required to stay away from a little bit, and the the uh original elevation of the home was down a couple feet, but we couldn't get down that low because of groundwater and wetlands approaching on us.

Those walls were required to be put in, and because there's only 10 feet on either side of the house.

Um, obviously, um, in order to grade that, we would need to be within five feet of the property line.

So we have the walls, we have the uh driveway came out to be 15.7, which really isn't that much steeper than 12.

Um, and we had a problem with the well, but that's not your problem.

Um we had it 23 or 22 feet from the storm drain in the road, which wasn't indicated on any maps, so he has to redrill the well now.

But um that's really where we are.

The house has been sitting ready to get a seal for about a year and a half, so um the other thing that he had to do that's kind of a hardship is he owned the property owned out into Hillendale Road, and the city required that we give that property back to them, or not back to them to give that to them because they built the road off the property.

Um so with all those things, um, take it into consideration.

Um we'd like to we'd like the commission to evaluate it and uh give us those two minor variances.

I think from the last hearing that they're supposed to work together with the neighbor about the wall, there is a space.

Yes, oh I'm sorry, yes, the wall, the wall went over the property line a foot or 18 inches and connected to the neighbor's wall.

Look very nice, but because of all the the issue and drama last time, that's been removed back to the property line now.

So it's all set.

We have pictures of that because I drove by the uh property today and it was covered with snow.

I wasn't able to look at that.

Yeah, that's been removed.

Yes.

You do you have can I do you have any pictures that I can see?

Melissa have the pictures.

I have them too, but uh Sean has them.

I think he's working on sharing it on his screen.

Um, he has a text that was submitted and a picture.

Okay.

Okay.

So you move the wall.

You say you move the wall from her wall.

Yes.

Oh, okay.

So the space between the two walls is about 18 inches.

Okay.

Well, what a disaster over there.

Is there no construction?

How you build the wall over.

What uh I can I say something.

Yes.

Hi, my name is Augustine, and I I'm the owner of that property.

We didn't build over, it was just the she she built the wall six inches from her property line.

So we just touched the her wall.

We didn't build over.

We just touched her wall to make it look like just it's a wall, but she had a problem with that.

So here it is there in the picture.

Yes.

That's the big problem.

Just it was done, but we we're gonna make it look much better.

Okay.

Robert Baron was okay with that.

Okay.

We want uh all our neighbors to be happy.

That's all.

I have a text of them.

Yeah, yeah, I saw thank you, Sean.

I have a text from them confirming that he's satisfied and everything.

Very good.

Okay, any other question from the board.

Any questions from the board?

Come on, before you fall asleep now.

Okay, everybody happy, I guess.

Mr.

Rivas.

Yes, you happy or what?

You you were trying to speed me up earlier, and slowed it down.

So now you want me to speed up again.

Yeah.

Uh no, I don't have any questions, Mr.

Chairman.

Okay.

Anyone support this application?

Anyone support this application?

Anyone in opposition for this application?

Anyone in opposition?

Wow.

That's the record.

Okay, so we don't have opposition.

We don't have support, so we have a motion to close.

Mr.

Chairman, I'd like to make a motion to close application 2602 24 Hillendale Road from public hearing.

Motion made by Mr.

Rivas.

Any second?

Second.

Seconded by Mr.

Williams.

All in favor.

All right.

Okay.

So approved.

Mr.

Chairman, I'd like to make a motion to open application 2602 24 Hillendale Road for voting session and discussion.

Okay, made motion made by Mr.

Rivas.

Any second.

I second it.

Second by Mr.

Williams.

Okay.

Any discussion?

If no discussion, I'd like to have a motion.

I'm ready whenever you guys are.

Let me know.

I guess if the neighbor is happy, and that's the main complaint was there.

So flat to build.

Go ahead.

Um Mr.

Mr.

Chairman, I'll make a motion to approve application 2602 24 Hillendale Road, MP Homes LLC Penny Augustine, uh RA40 zone section 8A2C4.

Allow grading within five feet of the property line in section 8B1B3.

Increase maximum driveway grade from 12 to 15.7 uh percent to legalize previous construction of wall and driveway.

I'm approving this application uh because it um the variance was the minimum variance uh in order to allow reasonable use of the property, the also the property uh eased uh gave back property to the city uh due to the road being built on the property.

So there was an easement for that.

Um the variants will not adversely affect the public health, safety, and welfare of the neighborhood.

As the plan submitted, okay.

That's perfectly submitted.

Yes, I second motion made by Mr.

Rivas, seconded by Mr.

DeLosha.

All in favor.

Aye, I so approved.

Okay.

Thank you very much, ladies and gentlemen.

You're welcome.

Thank you.

73 and a half and 75 Osbones 3.

Is the attorney available now or not?

Yet yes, I believe Mike Mazoupa's here.

Yes, good evening.

Uh, yeah, for the record, Mike Bazook, uh professional engineer.

I know sometimes I get confused being an attorney, but uh yeah, I'm the engineer on the project.

And it's for 73 and a half, 75 Osbourne Street for Carlos Galman.

It's uh the existing property in the RH3 zone where the current property is developed as a uh two-family, and I'm gonna share my screen and I'll just walk you through what the proposal is for because we're seeking two variances.

Everybody seeing that, yes.

Okay, great.

So currently, this is the property.

And it's on a major, uh, it's on a collector road, and currently there's basically two parking spaces right in this location.

And I'll show you some uh street views and some pictures as well.

And the idea was that this two parking spaces, they're tandem, it's pretty steep.

There's very little room in width for the parking spaces, and it definitely does not serve the property because of there's two two bedroom units, which would require four parking spaces.

Uh on top of that, it's it's it's almost like a it's it's a hazard safety concern with people because they when they pull, unless they back in, which nobody does, backing out onto Osborne Street is not an ideal uh situation.

So we're looking to close off that driveway and then move it to the west and come in and get up and get up into the back of the property and provide four spaces with enough backout uh area to be able to drive out of the site.

Uh it does require uh some grading, and that's why we we saw a small variance in the front as well as some grading along the property line, which is the other variance, which would be grading within five feet of the property line.

And uh, Mr.

Galman, at least this was the conversation that I had with him today.

He did speak with the neighbor, and I know the neighbor submitted uh uh some comments about some questions about you know certain things, but it it it really lends itself well to grade a little bit onto their property, and I'll show you one of the main reasons.

So let me just I'm gonna flip over to this is the site here.

You can see there's two tandem.

Everybody seen this by the way.

Yeah, okay.

Yeah, so there's one car parked here now, but generally there's another car behind.

You'll see it when I get over to the Google Maps uh street view.

And so that's all the parking for the the two family here.

And you can see where you know the the site to the east has parking in the back.

They have a pretty large retaining wall.

You'll see in the picture.

Same thing if you keep going east, their parking is in the back.

Uh it does it the grade does jump up from Osborne Street.

So you know, there are a series of retaining walls along most of these properties, and you can see yeah, I'm seeing the plan.

Yeah, I'm seeing the plan.

Uh I was just about to say.

Oh, okay.

Um let me just stop that.

Sorry about that.

Let's try this.

Are you seeing it now?

No.

Hmm.

There's the screen view.

The Google maps.

Yeah, the Google map.

Okay, sorry about that.

So yeah, again, here's the two the existing driveways here.

Very narrow.

There's generally enough for two parking spaces.

There they generally back out.

I it's not ideal backing out onto Osborne Street.

As I said, it's a major it's a collector road.

And you can see that the other properties have parking in the back, and there's a series of retaining walls because the grade jumps up from uh from Osborne Street.

Um let me just I'm gonna make sure you see this.

I'm flipping over to this to the street uh view.

You got that?

Okay, perfect.

So now you can still see it.

Uh you're not seeing the we can see it.

We can see it.

So you can see in the white car, correct?

You know, we can see the street view.

Okay, yeah.

So now you can see that there's two parking spaces in that little driveway.

You can see the retaining wall in the back on the property to the east, and then you can see there's just a retaining wall along the front.

Uh and which you can't see, but you'll see in some of the when I show you some of the other pictures.

The grade from the curb to the sidewalk, it it jumps up about a foot in three feet, and it makes for a very hard driveway approach.

So, what we're planning to do is to take the sidewalk and drop, drop the sidewalk starting on both sides, basically from the stairs, and then over here, drop it down so we can get this grade like a normal approach and not so steep for the first you know, three feet.

So we'll be dropping that sidewalk, and then we would be cutting this grade and putting retaining walls on both sides to get up to the to the rear.

And this is the section of the porch on the western side of the house that would have to be removed.

And some shoot.

Okay, the uh can I say something here?

Sure.

With the notes that was sent by Jill Hancock, yes.

And he's talking about bushes you're gonna pull out that on his property or his uh or an applicant property or uh it's according to the uh looks like the property line is right here, it's probably right on the line, and with the bushes, it's hard to say whether the roots are on one side or the other, but we just finished one with uh probably we don't want to deal with the probably when it anyway.

I love it.

Well, it's either going to be replanted or a fence could be put up.

So can I read that to you?

Uh for a record, dear members, regarding the application for a variance.

I would like to make it clear that I have not agreed to allow grading to be done on my property yet.

Mr.

Gaman told me someone would explain and show me how this construction would affect my property on the map of the driveway plans under site specific notes.

It states the owner to the west has agreed to amend the grade along the property line, which benefit both properties.

I have not agreed.

I don't really understand what he's saying.

I would like to know what planting on my property will be removed and all destroyed, and can Mr.

Goman move the plants I want to keep and replant them in another location.

Will the pine tree in the front need to be removed?

What material will be used for retaining wall?

Will the drainage have any adverse effect on the property?

And very importantly, will the contractor have insurance to protect me and my property for liability due to the construction.

I have no intention of bearing any of the liability or cost of restoring my property land escaping drainage or any potential damage to the building or any personal injury.

I would appreciate your response to this question.

Through the chair, I also have received a letter of opposition from a Mr.

John Hancock.

Do you want me to read that now or wait until opposition?

Well, let's see what the uh German, the uh engineer said if he discuss it with uh Hancock or not, or the neighbor.

Well okay, I still need to read it into the record.

You can go ahead and read it now, so get it over with.

Okay.

Um dear members, with respect to the Guamen application for variance, it has come to my attention that the application includes a notation and Michael J.

Mizuko PC drawing 25032, site specific note two, declaring that the property to the west has agreed to amend the grade along the property line.

Please let it be known that this is not the case since the property line is so extremely close to the building at 69 to 73, and the grade is steep.

We would need to address many questions regarding the impact that any variants and subsequent excavation construction would have on our property before making any agreement.

My fellow trustee and sister Jill indicated that she would address many of those specifically in a separate letter.

Thank you for your consideration.

I am most appreciative.

John L.

Hancock the third.

All right.

Now let's hear your story.

Yeah, so Michael Mazuko's speaking.

Yeah, I it was unbeknownst to me that she wanted to meet uh I would have certainly have met to uh just show her and be more precise about what what was gonna happen and what we were proposing.

As far as the um the plantings the applicant and owner would would move move the plantings and place them where you know wherever she wants on her property.

That's that's not a problem, and then he's not opposed to even putting up a fence.

The the retaining wall would be constructed out of typically like a concrete unilock or retaining wall.

And I'm just going through the le uh through her other comments there.

Yeah, the contractor would would have insurance, obviously.

And she is not required.

There was no there's no uh in terms of the cost would be all born by Mr.

Gowman, not anything to do with her.

Um I do believe from my you know from professional experience and looking at her property and the grades, and I'll show you a picture why I think it does benefit her property because the grade and I I can do that right now, but let me just go through the other points.

Um yeah, we did we did show some drainage because we don't want to increase, you know, there's no nobody puts stormwater management.

We've tried to do the right thing and put some dry wells in there to capture some you know some of the water from the driveway, so it's not all running directly out into Osborne Street like every other property along the road.

So the soils in this area, they're excellent.

I did a project not too far away on Crane Street, and it's all sandy gravelly material.

I think if it wasn't, you'd see water bleeding out onto Osborne Street because many of the houses and uh as I showed earlier along the road have a series of retaining walls in the back to to deal with the grade, the grade issues along the street.

Um so yeah, say with that in mind.

I don't think that there's gonna be any adverse uh effect on on the property as we're dropping the grade, so the water will be directed to the driveway and not sheep flowing off our house.

And let me just go to those pictures.

Um I got a series of pictures.

This just shows you can get a better idea.

Can everybody see the picture?

Yes, okay, perfect.

Yeah, so you can get a little bit of uh better idea of this the steepness from the edge of the road up to the sidewalk here.

Like I said, it's about a it's about a foot, which is excessive to put a curb cut on.

So those bushes are for Mr.

Guamano for Mr.

For the neighbor.

I'm sorry.

The bushes, the straight line bushes are for the Hancock.

Well, what's his name?

Yes.

The bushes are for the shown.

I think they're they're probably like right on the property line.

So you know, they're looking at a driveway, you're gonna cut it down, so you're gonna the bushes gonna go down, aren't they?

Right, yeah.

So we we'd we would take them out and replace them, or we could do something, you know somewhere else.

Put them somewhere else, and then possibly I think I think it probably a fence is more where the bushes are, you're gonna put the only lock wall, right?

Yes, yeah, on both sides.

So you see, we have a retaining wall here in the front, so we have to deal with that grade change.

So we would just be taking a retaining wall and and just going like straight back, and then as I mentioned, this section of the porch is going to be removed to give enough width for the for the driveway, but there'll be a retaining wall on both sides of the new driveway.

See only concerns the one that and the one uh led by uh Elissa is being addressed according to your uh understanding.

Uh what the other letter should add Melissa that somebody opposing well, I think it's the same property owner, same thing, and I yeah, again, if I I would I'd be more than happy to meet with them to go over it in more detail.

I just didn't I wasn't aware of that, it wasn't conveyed to me that they that they wanted to meet, and I think that might have been just a breakdown in the communication, but so this is uh this is a picture in the back of the house, or there's already a retained, there's a series of retaining walls there now that would just have to be sort of redone or just and and expanded, and then yeah, I went by it today.

I see that's tough tough place to make the driveway then.

Yeah, I know it's it's not easy.

That's why we're here before you tight, yeah.

So this is just another picture showing the retaining wall.

Any uh any damage to the or uh uh so work done on affect the neighborhood property, you're gonna take care of it.

Yeah, of course.

I mean, and so this is so this is what I was talking about.

I don't know if I mentioned, but this is the neighbors, the back uh the northeast corner, which is adjacent to our property.

But you can see the grade is up over the siding.

Yeah, which is not it's not an it's not a very good situation, and you know, water just draining down onto your siding, but with the regrading that we would be doing, we would be lowering this grade, improving that situation, so it's not directly you know, covering the the siding and you know the wood.

Okay.

Well real quick, if if this was to be approved, uh uh with your variance requests here.

Um is it are we gonna have a drastic change to the layout of the sidewalk as far as a lip curb cut, um any changes in elevation of the sidewalk there that might cause any um injury to the public safety and health well-being?

No, it'll just be it'll be the maximum grade for ADA compliance is an inch is an inch and uh 12 inches or about a little more than eight percent.

So we would never exceed that.

It's pretty level out there.

We just need to drop, say, from this set of stairs, drop the sidewalk down, so we're not dealing with such a steep grade because people, especially on a major road.

If you're trying to avoid, say, an oncoming car to get into your driveway, and you have this huge hump, it your tend your tendency is gonna be to slow down so you don't hit this huge hump.

And that's the main reason why we would want to redo the sidewalk, drop it down, so you only have maybe you know a six-inch, a six inch from the curb to the property line as opposed to over a foot.

But it's not it would never be overceating the limits for the ADA requirements.

Okay.

Then my uh next question is the small driveway that's on the right side of the house now.

Are we eliminating that or are we keeping that on the property?

No, it's being eliminated and it's going to be turned into lawn because it's a safety hazard.

Okay.

And then my third question, being that we had two letters of opposition, I uh I guess, and uh for the record, Mr.

Chairman.

If we can keep the procedural uh element of the meeting, uh, because we read those letters prior to Mr.

Mazuko uh finishing his presentation.

So I would I would recommend that we leave it for when we get to that portion of the meeting.

Being that the two letters of um opposition were read.

Would you and the applicant be open to talking to the homeowner prior to us voting on this for the simple fact that he's not here to discuss this with you guys?

Being uh you saw you saw what happened in the first application, things were done without any sort of proper communication.

I rather avoid that if possible.

Yeah, I mean, that's it's not unreasonable.

That's fine.

I had I had I known, and I it's not an unusual request to have the neighbor when you're asking them to grade onto the property to fully understand what you're proposing, and I would have certainly taken the time to meet with them to explain it in detail.

And that's fine.

Mr.

Reeves, the the one I read or not, the guy asking a question, which would be the same person who wrote the second letter, the one Miss Melissa had yeah, I no, I understand.

But the thing is that we read the letters before Mr.

Mazoco was that's fine.

You say two opposition letters, which is all from the same person.

One question answered.

Okay, okay.

That's fine.

Yeah, just different individuals representing the same property.

Yeah, understood.

Yeah, I I had the I had the first letter.

Melissa sent me the first letter.

I the but the other one I this that's the first that I've heard of the other one.

But it's just it's it's it's basically addressing the same the same issues.

And I also and I only ask that because there's uncertainty uh uh of whether you guys will be on if those bushes designate the property line or they don't.

So I think that you know having that confirmed with both your applic uh um applicant and the uh abutting property owner, I think uh at least for me would help me figure uh make things a little easier.

Understood.

Okay, so you you you suggested to retail for him to I'm just I mean, I'm not you know, I think that it being that what we saw in the first application, yeah.

You know, I I rather avoid a situation where things are being done, and then there's uh a mishap.

Uh I'm I mean, I don't see anything crazy in this application that would make it unfavorable for me.

I just want to make sure that there's clarification.

Come in right the right way, not like the other one complicated, you know.

Anyway, I concur with one board members.

What was that?

I said I I I I was having I concur with what you were suggesting.

Oh, any other question from the board?

Yeah, and I I would just oh I'm sorry, go ahead.

Any other question from the board, Mr.

Mazoco?

No, I just wanted to say that Mr.

Gowman, well, I did see him on the on the call, so I just wanted to pick that up.

Oh so you're you're done, Mr.

Mazoco, or do you still have to say some?

No, I think for the most part, I'm I'm done.

Unless there's any questions anybody in the commission has, I don't mean to answer them.

Anyone support this application?

Can you please hold on one second?

Yeah.

Mr.

Chairman, I think it's Melissa.

Oh, let you know something.

I I just wanted to state that uh Mr.

Hancock is on, um, which was the second letter I read, and he put in the chat um that this meeting would suit them well, and he'd love to talk to the applicant and Mr.

Mizuka.

Oh, so he did acknowledge that he would he would like the meeting.

Okay, so she would uh he would like to meet with the applicant, or he's okay with what he's at the meeting.

Yeah, well with this plan you guys have come up with to table and have them address his concerns.

Okay, okay.

Can she come now?

Stop.

I believe he's on.

Um, I don't know if it's a conversation that can be had now.

No, I think it's I think it's one of the things they wanted me on site to have an explanation and better understanding of what uh okay, yeah, yeah.

All right.

So Mike, if Mike's okay with it, uh I I would like to table it, have him speak to the uh neighbor, make sure that um everything's okay with them, and then um uh he can come back before us.

Uh I'm not I you know I there's this is not a crazy request.

Um and so I don't have any issue with it.

I just want to make sure that we don't have any conflicts uh with neighbors.

Are you boards okay with what I'm saying?

Mike, he's asking if you are I can make a motion to table.

Yeah, yes.

Uh Mike Mizuko speaking.

Yes, um understand I'm okay with it, and I will make arrangements to meet the neighbor and go over it.

Um hopefully we can get rid of some of the snow would be helpful, but uh regardless.

We'll we'll get a time, a day and time and meet and I'll go over it with them and then we'll we'll see you uh at your next meeting.

Is it is it do you know?

Can you confirm the date of that?

Because I know to like tonight I had a conflict with something else that I still have running in Richfield, but it would be March 12th, and it would be in person.

Okay, all right.

We'll have to we'll figure that out.

Only two weeks.

Yeah, I just got to confirm when the other meeting is.

But okay.

Very good.

Okay, you want to make a motion to retable it?

Yes, uh chairman.

I I like to make a motion to table application 26-03, 73 and a half and 75 Osborne Street.

Um till the either next meeting or whenever the applicants uh seems fit to come back before us.

Motion made by Mr.

Davis.

Second, seconded by Mr.

All in favor.

Aye, aye, all right.

Okay, we'll see you next meeting.

Thank you very much.

Have a good night.

Good night.

All right, guys, you wanna are we off the we got one more application?

Yeah, Mr.

Chairman.

Wait, wait, one second.

Yeah, okay.

Go ahead.

You close the hearing.

Hi, uh, my name is Edita Dai.

I was gonna share my screen just a second.

Um, yeah, one more.

Um, the clients, Dina and uh David Berkman are on this call.

Hi guys.

Uh the application is to redo reduce the west side for setbacks from 15 feet to 12 feet, and in the rear from 35 to 18.4.

Um the property is located at 12 Sage Road.

It is in an RA20 zone.

It is 10,000 eight hundred square feet, which is below the R20 required.

The other hardship we're claiming is the location of the existing house, which is already you can see this is the setback line, and the house is already encroaching on the setback.

It was built, I believe, in 70 1975.

And this is not done by this owner.

Okay.

One, not this one.

Sorry.

Yeah, I'm on the wrong page.

Sorry.

Do you see that?

Do you see it now?

Okay.

Yes, we can.

So I'm showing here the top is showing the existing house, and below I'm showing the proposed area of work.

Um if we're starting from the left top, the existing basement program, you can see that there is the house, existing house.

There is a deck right here, and there's step of set of stairs here.

And the second floor has a just partial.

This is all open and no decking or anything.

The proposed what we're looking to do is um add the storage beneath the existing deck in another deck below this area.

In the second in the main floor, we'd like to extend the existing screen porch on the on the um west side.

I'm sorry, on the east side, and the rest of it stays as a deck.

On the west side, we would like to uh we're asking to take down portion of the existing deck and add an addition.

Um the proposed addition and alteration will include the following.

Um just gonna read it's just easier.

Enlarge the screen porch on the east side over an exist uh uh over an existing deck, it's storage below, which I mentioned before, and a deck um on the as on the west side.

I said, remove part of the west side deck and construct new two-story addition to include basement, bathroom, and a beach cabana on the main floor.

We'll have a first floor primary bedroom and a bathroom and a second floor office.

Um we are not changing the number of bedrooms, we're staying with we have three bedrooms, and we're gonna stay with three bedrooms right now.

The office um is in the entry on the on the main level, and the three bedrooms are upstairs.

I'm gonna just switch to the plants so we can see better.

This is showing clearly what we're planning to do.

Um the requested variance is uh minimum variance necessary in order to allow reasonable use of the property.

Uh the proper the design is in harmony with the neighborhood character, the variants will not affect public health or safety or welfare.

The project was uh introduced to the was shown to the neighbors, the Lake Wobica in the two site neighbors, and all provided us with letters that they are have no objection to the proposed work.

So you have um can share the letters, or if you don't have them, I can show the letters.

Well, before we get to the letters, I would like to ask you a couple of questions.

Where do you have where do you gonna make a storage?

Is that show like a billcodor gonna be there?

Uh I'm gonna go to I have an existing orange one.

Yeah, yeah, I know.

I'm gonna show you a picture.

Um so it will show it better.

What the area?

Do you have one big picture?

Yeah, um, it'll be easier to read, I think.

Yeah, so this is the existing uh house in this area right here under the deck.

Yes, the bottom left corner, that's where we're proposing the storage, and you'll enter it from the side.

And you continue the deck gonna stay, or you're gonna put the addition second floor all the way up.

Um, this is the first floor.

Oops, sorry.

This is the first floor, and the existing screen porch, which is right here, will extend the screen porch to the level of the chimney.

We are not coming as far as the corner.

We're staying away from actually cool tighter than it is within the actual encroachment.

So we're not gonna worsen the condition that are there.

Um, but so we're staying within we're building over the deck and less than the worst condition on the site.

So you're gonna have extra bedroom, right?

No, we're staying with three bedrooms.

Okay, I don't have any more questions.

Um if you wanna if you have the letter, does uh the Melissa have the letters or not?

Yes, they were in your pocket.

Do you want to read the letters or you wanna what do you have to do?

Do you want me to read the letters or melissa the board?

All was provided then.

Um, if they want to hear it, that's up to them.

Okay, any question from the board not from me.

Oh, I I have a question.

Sure.

I I went to the property today.

I thought I knocked on the door.

I when I do the site visits, I always make sure that I knock on the door, let the people on the property know that I'm there to do a site visit.

The people that answer the the door, they didn't own the home.

So uh just to want to get some clarification.

Is the home to be rented or owned by the uh applicant, or is this the home is uh the home was what just purchased um I believe at the end of last year or early this year, uh or sorry in September, I believe.

And the owner is renting it while we're working on the plans, and their plan is to move there to live there full time.

Okay, so this is not to like fix it up and then rent.

No, no, no.

No, no, no, we're space for more people.

Yeah, we're we're the homeowners.

Sorry to interrupt, but yeah, we're just we're just renting it during this approval process, and we're hoping to you know start start construction uh ASAP and and take occupancy, and we're excited for it.

So um, yeah, right now it's just being rented, but that's uh on an interim basis.

Okay, thank you.

Thank you.

Sorry to interrupt.

Any other question from the board?

Any more question from the board?

Anyone that support this application, anyone in support this application?

Anyone in opposition for this application?

Anyone in opposition?

Wow, everybody happy.

I think it's good to state the last application.

Okay.

No question, nobody complaining.

I like a motion.

The board is good.

I'm ready to make a motion to close the application, Mr.

Chairman.

I'd like to make a motion to close application uh 26-04 12 stage road from public hearing.

Motion made by Mr.

Levised by Mr.

Williams.

All in favor, aye.

Aye.

Aye.

Okay.

Open for discussion and voting.

Mr.

Chairman, I like to make a motion to open application 26-04 12 stage road uh for voting session and discussion of the board members.

Motion made by Mr.

Levis.

Second.

Seconded by Mr.

Oh, Mr.

William again.

No.

Who's second?

Uh Delosha, Mr.

Delosha.

Sorry.

All in favor.

I have to see some some guys are not showing.

I don't know who's talking.

If any of this they can stop sharing this.

Uh anyway.

Any discussion from the board?

Or we have a motion.

I'm ready to make a motion if everybody's ready.

Go ahead.

We're gonna talk tonight.

We've got double pay.

What happened?

You're gonna get double pay.

What's that, Mr.

Chair?

Motion.

Oh, double pay?

Yeah, 399.

Um Mr.

Chairman, I like to make a motion to approve application 2604, 12 stage road.

Hadaya Adit.

Is that how you pronounce it?

Yeah.

RA20 zone section 4A3, reduce western side yard setback from 15 feet to 12 feet, and reduce yard rear yards set back from 35 feet to 18.4 um feet for construction of proposed addition.

Um as per plan submitted.

My uh reasoning for approving this um application is the hardship differs in kind from hardships imposed by these regulations on other properties in the district, being that the dish uh the zone within this property is um the property is under size for what the zone is requesting.

Um it will not affect uh public health safety and welfare of the community, and as per plan submitted, Mr.

Chairman.

Motion made by Mr.

Levis.

I second second by second Lucia Delusia, Mr.

Delushia second.

All in favor?

Hey.

Aye.

Okay, so approved.

All right, thank you.

Thank you.

Thank you.

Nice job, you're welcome.

Motion to close.

No, Mr.

Chairman, we have are we supposed to get on?

We have the bylaws revision.

You're gonna close the hearing first and then we talk about them.

The hearing's closed, Mr.

Chairman.

We we voted on it.

All right, go ahead.

Let's talk about them.

Okay, can we let Melissa handle that?

Okay.

Um, in regards to the changes, um section three B.

I crossed out because this relates to zoning commission and not you guys as you are not elected, you're appointed.

Um, so therefore I changed 3C to 3B.

Um the next change was currently we hold elections every three years.

I have proposed one year term for elections, which is different than appointments.

Um, your appointment is three years, your election.

I'm proposing one year, which would be consistent with the planning commission and the environmental impact commission.

So there would be an annual election via voice vote um at the regular meeting in December instead of by ballot vote.

Um also took out four B seven as the chair does not administer any oaths or compel any witnesses, just not something that we do.

Um, I've clarified that we only hold one meeting in November in addition to December.

And then the last change is under 6E.

It said that you may vote.

Um, if you have listened to an available available recording, I've changed it to reviewing because you can either a listen um or b watch the the recording.

Um so just kind of making that a little bit more vague.

Um these are all up for discussion.

Um I'm just trying to make them first of all take out things that aren't um part of I didn't understand this last thing you say.

What is it?

Um under six E that you would be able to vote um instead of listening to an available recording, just reviewing because listening is typically when they were just done on like audio tapes, we have um recordings on YouTube and whatever available to you now.

So just kind of clarifying that you could review by watching and listening, or nothing major, just we can change any of them, we can delete any of them.

Um if you want them changed, I can make the changes and we can vote on them next time.

Or if you're good with the changes, we can vote on them now.

They're voting.

The last section you talk about is when we elect the people, or when we voted on the application.

Nope, voting on an application and how you're gonna be voting listening to a record.

Well, that's why I'm changing listening.

I crossed out listening and put reviewing because reviewing is more in line with the fact that you can review um technically, you can review the minutes and the application materials, but you can also review the YouTube, you could review the recording.

Um, there's just more, so instead of just specifying listening to I've changed it to reviewing.

So you mean when we present an application, right?

Somebody present application and we ask for somebody make a motion and we vote.

Right.

So say Ju wasn't here tonight.

Um, and then next meeting when they come back.

I'm just saying he can vote if he's reviewed, whether that is about the minute, that's all whether he's reviewed the minutes, whether he's reviewed an audio, whether he's reviewed.

Whether he's reviewed the minutes, whether he's reviewed an audio, whether he's reviewed Can you also vote on the minutes, Melissa?

If if you review them, if you if you watch the um so technically, if Jacob watched the last meeting, yeah, um, watch the whole thing.

He can vote on the minutes.

Okay.

Um and and so I just took out listening and just put reviewing because with with technology today, we have so many options on how you can review the previous meetings, where before somebody would sit there with a cassette tape and press record.

Yeah.

Okay.

Okay.

Then for the right, it just yes.

Yep.

Okay.

So you want to make a anybody have any question about all these changes, or you want to make a motion, or do you want to discuss it, or whatever you guys want to do?

You are the new generation.

I'm I'm I'm okay with Melissa's recommendations.

I mean, I don't the rest of the board.

Yeah, I'm good.

Yeah.

My only question, Melissa, if if we approve it tonight, does it have to go to like corporation council and and get approval from them?

Or this is it?

Once we approve it, it's it's approved.

Um, I would definitely contact corporation council once they're voted on, just to clarify that there's nothing that they need to review um prior to me actually updating the document um and having Joe sign it.

Okay, yeah, this is it.

When you guys vote on it, it's adopted.

Yeah.

Oh, okay.

So it does adopt it once we vote on it.

Okay.

Yeah.

Anyone want to make a motion?

You're the one in the room.

You're in charge and hey, why do I have to do it?

You're the point, man.

Is everybody okay with it?

Good.

I'm good.

Yes.

Nobody complained.

All right.

No, I'm just making sure.

Uh we would just make it a uh just a regular motion to approve, right?

Yep.

Um, just approve the uh changes as presented.

All right, Mr.

Chairman.

I'd like to um approve the changes in the zoning board of appeals bylaws as presented here tonight.

Um as made motion made by Mr.

Davis.

Second.

Second by Mr.

Delusia, all in favor.

Aye.

Aye.

So approved.

Um what's next?

I think that would do the order of business.

Um I think we're done, Melissa.

That it covers it.

I think that covers it, yes.

Okay.

Um, and just basically on or off the record.

Um, Jacob.

Um one more motion.

Somebody else, somebody else before besides one.

Besides Juan.

Come on, this is the easiest motion.

This is the easiest motion.

Mr.

DeLuch.

I make a motion to close this meeting.

Motion made by Mr.

Delusia.

All in favors?

Any seconds?

There's a second.

We all second.

All second seconded.

That's it.

Done.

Okay, meeting adjournment.