2026-09-02 - Development Review Board

00:14Welcome to the September 2nd meeting of

00:15the Waterberry Development Review Board.

00:17My name is Dave Cingham. I am the chair

00:19of the board. Uh we'll go around

00:21starting on my left with introductions.

00:24>> Recording in progress.

00:26>> I'm Brooks Fortune. I'm a member of the

00:28board.

00:30Harry Shepard member boards

00:33board member.

00:35>> Um so before we get into this evening's

00:38agenda, I'm just going to go over how

00:39each hearing is going to be structured.

00:41Um we are a seven member board. We'll

00:44have five members present this evening.

00:46We need four votes in the affirmative

00:48for any project to be approved. Um if at

00:51any point you would like to have your

00:53project continued in hopes that for more

00:57to allow for more board members to be

00:58present that is you right and you can

01:00ask for that at any time and then we'll

01:01continue it to a date certain for each

01:04application. I will announce the uh

01:06application from the agenda have the

01:08applicants consultants introduce

01:10themselves and come up to the table um

01:13and I'll inquire about any members of

01:16the public to be heard on the

01:17application. will then swear in

01:19everybody who wishes to speak on that

01:21application at the same time.

01:24We'll first go through some housekeeping

01:26measures. Um and then they'll turn it

01:28over to the applicant and their

01:30consultants to explain their project.

01:35Um I'll then give town staff an

01:37opportunity to comment on any zoning

01:38irregularities that may be part of the

01:40application.

01:42And then we will go around the table and

01:44each board member will be given the

01:45opportunity to ask questions, make

01:47comments. Um staff will then be also

01:51given that opportunity.

01:53After that is done, um I'll just open it

01:56up to the board members for any

01:57follow-up questions. Once the board

01:59members are through with their questions

02:01and comments, I will then open it to

02:02public questions and comments. Um

02:05anybody who is in the room and wishes to

02:07ask questions, please come up so that

02:09the microphones can hear you.

02:11If after all questions have been asked,

02:13comments made, uh the board feels they

02:16have enough information to make a

02:17decision, um at our discretion, we may

02:20vote on the application at that time or

02:23we may go into an executive session at

02:25the end of the hearing. The concessions

02:27are private and you can reach out to

02:29town staff in the morning to find out

02:30what the outcome of that is. We go into

02:33executive session. We won't necessarily

02:34close the meeting because we may have

02:36further questions that come out of that.

02:39Any questions?

02:41All right. Um,

02:42>> if I could just please remind everyone

02:44to speak loudly and clearly, especially

02:46toward the owl so that our our folks

02:48online can also hear. That can be

02:51something of a a

02:53>> funky system.

02:54>> And we've got two sets of speakers.

02:56We've got the microphones for

02:58>> the TV and we've got a microphone for

02:59the owl. And this is the recording. This

03:01is the official recording of the

03:02hearing.

03:03>> Okay. And our live attendance on online.

03:06>> Yep.

03:08First item on the agenda is application

03:10039-26

03:13Peter Milm and Victoria Comr. Uh owner

03:16applicants 700 Ring Road Merberry

03:19Center. Applicants proposed to subdivide

03:21their 25 acre parcel into two lots. Lot

03:24one 14.9 acres and lot two of 10.1

03:27acres. Property is in the low density

03:30residential and conservation zoning

03:31district as well as in the Ridgeline

03:34hillside steep slope overlay district.

03:37Projects in the overlay district require

03:39development review board review.

03:41Please come up

03:44and

03:47online right there. Okay.

03:48>> Zoom. Peter's on

03:51>> and uh he sent me a message saying for

03:52having me here today. I do apologize.

03:54I'm I'm not hearing uh the whole entire

03:56conversation, but do wanted to let you

03:59know I'm I am here and trying to trying

04:01to listen in.

04:03>> Thank you.

04:05Uh there are members public present to

04:07be heard on this application.

04:10Seeing none, please raise your right

04:12hands. You swear the evidence you shall

04:14give to this board shall be the truth,

04:15the whole truth, nothing but the truth.

04:17>> I do. I do.

04:18>> Here.

04:20Thank you. All right. And in our packet,

04:24we did have the butter letter and the

04:28notifications.

04:29So, we've got that.

04:30>> Yep. The certified notice are in there.

04:32>> Yep. Uh, all right. I will turn this

04:35over to guess John

04:37>> or I'll take on it. So, um, yeah, this,

04:40as Dave said, this project's for Pete

04:43Milan and uh, Tori Comr up at 700 Ring

04:47Road. They have two residences on the 25

04:50acre parcel because in 2014 we gained

04:54approval from this board to construct a

04:57second residence and under section 403.

05:01Basically at that time we had to display

05:04a possible subdivision to meet the

05:08requirements of section 403 for two

05:10primary dwellings on one parcel. And so

05:13we are back here now to finish that

05:16subdivision.

05:18It is uh remains the same as it was

05:20approved in 2014 in terms of the lot

05:23line in between the two buildings. The

05:26only change is is that lot one

05:31uh was originally proposed at a smaller

05:34size.

05:35Um and so therefore in this final

05:38rendition we have a lot one of 14.9

05:41acres and a lot two of 10.1 acres. Each

05:46proposed lot has one of the existing

05:48residences on it and each residence

05:52meets the applicable setbacks

05:56uh for structures

05:59and uh this is a low density

06:02conservation zoning districts. the

06:04conservation the zoning line kind of

06:08bisects the property almost in the

06:09middle and in either case though both

06:13proposed lots exceed the acreage

06:15required for the conservation zone.

06:18Um both residences are actually located

06:21in the low density residential section

06:23of the property. Um the existing

06:26driveway was approved in 2014 as well to

06:29the second residence which is 730 Ring

06:33Road on lot two there. And so that

06:37driveway is will be subject to a right

06:40of way across lot one to access lot two

06:45um centered on the ground.

06:48Uh the septic system for uh the 730 ring

06:53road lot is by easement on the other lot

06:56as shown here. Um the existing property

06:59is of an odd triangle shape with a wedge

07:04cut out of it where the Kazinski

07:05property is. And so there, you know,

07:09this division we feel like is makes

07:12plenty of sense given the shape of this

07:15land. And again, it is the same concept

07:19subdivision from 2019 plus or minus a

07:22change in that acres. [snorts]

07:25the homes the homes are constructed in

07:27the same location as previously pro

07:29proposed and approved. So we really do

07:31feel that we're kind of bringing you

07:32back the same proposal short of the

07:36change.

07:38>> So this is Monica Ken. She's a me board

07:41member.

07:48>> Oh. Well, I guess in kind of conclusion,

07:50there is no like new construction

07:52proposed. The driveway, the residence

07:54that was approved in 2014 exists. Uh

07:58like John said, you know, per the plans

08:00there built where it was uh proposed.

08:04And so this application doesn't propose

08:06any new construction

08:09exists.

08:15>> All right.

08:18Harry,

08:20>> I think I heard the thing that I wanted

08:23to just hear was that there's kind of

08:27going to be proper cross easements

08:32for the new lot across, you know, the

08:36portion of the existing lot that's on

08:39the lantern and Maine.

08:42Um,

08:45at this scale it's hard to kind of

08:46detect everything, but so I am I seeing

08:49like there's three buildings on

08:52the existing lot.

08:55>> Uh, there might be a shed, but there's

08:57only one primary.

09:00There's a larger.

09:02>> Yeah, there is. There is one shed behind

09:04the uh 700 ring road, a small probably

09:0810 by 12 shed. And I don't know if it

09:11shows up, but there's a chicken coupe in

09:14front of the uh 7:30 [clears throat]

09:17about the size of a shed.

09:18>> It's a septic easement here, not a

09:21structure. Correct. Correct. Okay.

09:24>> There is a chicken coupe right below

09:25that septic that Pete just mentioned. It

09:27is not of a zonable structure size. It's

09:30a small shed.

09:33>> So, it's not shown, but it is there.

09:36And we will on the final subdivision

09:38survey have that 50 foot rightway across

09:41700 down to 73

09:44centered on the existing drive.

09:47Pretty simple since the drive already

09:48there.

09:52And Dave, I think I heard you say

09:55earlier and just for the record that

09:57this is

09:59off of a private portion of Ring Road.

10:04This is beyond the end of the

10:07>> class 4 town.

10:09>> Correct.

10:10>> That is correct. It's the same private

10:12rightway that serves John's lot actually

10:14adjacent here and a number of lots now

10:18that I think you guys are aware of

10:19multiple projects.

10:23>> Yep. That's exactly it.

10:27And this so it's also

10:29>> this this new lot can be conveyed

10:33rights across that private portion of

10:37Ring Road.

10:37>> There's a meandering 50ft rightway that

10:40follows Ring Road all the way up through

10:41and everybody has needed access to that

10:44right away.

10:52No further questions,

10:56bud.

10:57>> Yeah, it is a rather bizarre law.

11:02[clears throat] Just wondering about

11:03this ratio of width to depth

11:07one and five. Is has that been looked

11:09at? Is that

11:11has that come in right here?

11:14Um, I don't have an exact measurement on

11:17it, but I can.

11:20>> It's just that the depth isn't supposed

11:22to exceed five times. [snorts]

11:27>> The width is

11:28>> I think it was exceed

11:31on the existing lot.

11:33>> I would doubt it. How do you

11:36>> I think it was a non-conforming lot to

11:37start with.

11:37>> The width of the depth on the triangle

11:39is a little

11:40>> How do you do that?

11:41>> I don't know how to measure it. Oh,

11:43don't worry about it.

11:44>> Be honest.

11:46>> That's why I asked the question.

11:48>> This bench boy was created by that lot.

11:50So, like [clears throat] there is

11:51already a width there.

11:53>> There isn't like necessarily any magic

11:55to the lot layout. Like you wanted to

11:57make sure [clears throat] at least 10

11:58acres on each. So, we didn't have to

12:00>> cuz we had talked about like with the

12:01split zone, do we do a 5 acre and then

12:03at least 10? Let's just do both do them

12:0510 once you get beyond the homes. It was

12:07kind of

12:09>> woods out in there. And so I mean we

12:11picked this 10 acre lot to go with the

12:14700 sorry the 730 the [clears throat]

12:1814 to just remain with the smaller home

12:20but 700

12:22>> and just for reference this is the shape

12:24of the lot. Yes.

12:27>> Oh, the exist.

12:29>> It's got 300 ft of farting. So, it would

12:31need

12:34>> less than 1,200 ft of depth,

12:401500 ft of depth.

12:43Okay.

12:44>> But there's no meets and bounds here, so

12:45I can't tell you what the depth is.

12:48>> Well, hopefully the neighbor won't gain

12:50control of that real narrow portion.

12:54>> You got more depth than that. I think

12:56that's

12:58>> one 100 plan.

13:00>> It's got

13:05I mean I guess if you're going to the

13:07point of the triangle, which you would I

13:09guess this is an odd shape, but I think

13:12we have 1700 ft of depth there on that

13:17700 mark.

13:22There's there's there's no way to do it

13:23that doesn't exceed that five to one.

13:25>> Well, it's already there. So,

13:29>> I just thought I'd throw monkey wrench

13:31in.

13:32>> Some of these lots were created when

13:34Ring Road was there was no zoning

13:36obviously, but more literally this was

13:38all camps.

13:40>> Yeah. Triangles shaped like such a rare

13:43shape. I don't know how that

13:44>> Well, this is more than that. It looks

13:46like some kind of chicken. It was it was

13:48it was it was a triangle-shaped block

13:50and they took a chunk out of it for

13:52>> to get the Kinsky

13:53>> to sell it to whoever before Kazinski, I

13:56guess.

13:56>> Yeah.

13:58>> And that's all I have.

13:59>> I I do just want to note too as we're

14:01talking about each of these lots, lot

14:03one and two. The the map right now um

14:06has the has lot two labeled as 700 ring

14:11road and lot one labeled as zero ring

14:13road. But the E911 for the house on

14:17>> lot two is 730.

14:19>> Correct. Correct.

14:20>> And the other one E911 is 700. So

14:24there's no more zero ring road there.

14:26>> No, there is no 730.

14:28>> Just to make sure we're talking about

14:30the same addresses and the same lots.

14:32>> We are.

14:34>> The final survey will have it labeled

14:36correctly.

14:37>> Thanks for pointing that out.

14:40Looks like the drive is something the

14:42fire truck.

14:45>> Yeah. No, this isn't again this has to

14:48get a ring.

14:49>> Yeah, I know.

14:49>> This access was reviewed there in 14,

14:51but yeah, this is a nice

14:54drive access. Nothing steep.

14:57>> Monica, you have questions or comments?

14:59>> Yeah. Brooks.

15:01>> Um, out of curiosity, why is the lot two

15:04size smaller

15:07um, uh, than it w than it is or than it

15:10was as proposed in 2014?

15:14>> Well, I think uh, Pete

15:18>> No, I think it's Well, yeah. Okay, this

15:20one's smaller. Sorry.

15:22>> So, I mean, correct me if I'm wrong, but

15:24I think anecdotally, I think um Pete

15:27intended to uh keep the property at 730

15:32Ring Road and then sell off 700. And so,

15:35he wanted more land of the house he was

15:36going to keep. His plans may have

15:38changed. So, he may be keeping 700 and

15:41selling 730. who wants to keep the land

15:44where the property he's going to hold

15:46larger, but that's

15:50>> that's an accurate representation. Um,

15:52we plan to potentially sell uh 730 Ring

15:56Road and keep 700 Ring Road. Um, and you

16:01know, I just asked Chris and John to

16:03come up with the, you know, the most

16:05reasonable lines um for the two

16:07properties given the irregular shape.

16:09So, um, this was what they had showed me

16:13as being a reasonable chunk of land to

16:15to and nice clean lines to go with the,

16:18uh, with 7:30 ring road and then the odd

16:20shape remaining on the on on, uh, 700.

16:24So, that that's an accurate

16:25representation.

16:28>> All right. Thank you. And, uh, even

16:32though 7:30 Ring Road doesn't

16:34technically exist yet,

16:35>> they both exist. They they they

16:39houses exist. The addresses exist.

16:41>> They do. Well, the address exist exists

16:42only for 911 purposes.

16:45>> Both both exist.

16:47>> Okay.

16:47>> Yeah. It's just that this map didn't

16:49align with that in terms of how the two

16:52lots were labeled.

16:53>> Yeah. I map has a label issue. The 730

16:57residence on the 10acre lot is there

17:00>> and the 700 ring residence on the 14acre

17:04lot is there.

17:05>> Yes. the the

17:07>> 700 Great Run residence predates zoning.

17:09You know that house was built in the 70s

17:12>> and it was it was actually a camp first

17:15and in 2005 it was turned into an

17:17allseason residence.

17:19>> Okay. Um and then permit um permit

17:2243-14-T

17:23in 2014 allowed the second residence on

17:27site um as long as in theory if they

17:31were a subdivision that residence met

17:34the setback requirements for the zoning

17:36district. And so they submitted a

17:39concept subdivision plan at the time in

17:42order to get the approval to build this

17:44second residence on the lot. And now

17:46they're doing the subdivision in actual

17:49fact with just a slightly adjusted size

17:52lot. And the setbacks are still met by

17:56that second residence as well as the

17:58first one that had been there

18:02since decades.

18:03>> Two addresses, two residences, one uns

18:07unsubdivided property as of right now.

18:10>> Correct.

18:10>> And that is and that is not in terms of

18:12E911. That is not um unusual when folks

18:16do say a a non um

18:22a se a detached sorry that was the word

18:24a detached ADU because it is a distinct

18:27structure on its own. E911 requires its

18:29own number. So the u the land records

18:33will generally go by um the primary

18:38residence or first residence. So, it's

18:41listed on our land records as 700 Ring

18:44Road, but it does have two addresses on

18:47it, and the state E911 board recognizes

18:50those two addresses as two distinct

18:52locations for emergency purposes.

18:55>> Okay. Um my my question is as to the the

19:00easements um the easements for um the

19:04septic and for ingress and egress. Have

19:07those been actually recorded or are

19:08those just easements in principle?

19:10>> We would record those once the

19:12subdivision is approved and final and

19:15the myar is recorded and then those

19:17things would be put into the deeds when

19:19the land is sold.

19:21>> Okay. But our final survey will show

19:23them

19:25uh and so therefore as the properties go

19:28to be conveyed all those rights will be

19:30shown. It'll also be detailed in your

19:33permit

19:35you know there needs to be access. We

19:37usually wait to do the final survey in

19:39case some sort of change happens here at

19:41TR meeting that we get the permit and

19:43then we'll file a myar because filing it

19:46coring another one on top

19:49and he owns all the land in both houses

19:52now. So there's no separate ownership to

19:55have a

19:56easement in place at the moment

20:00if that makes sense.

20:05All right, that's all I've got. That's

20:07good.

20:13>> Yeah. My only comment was, you know,

20:15show the show the right of way. Um, is

20:18that a mound system for a setting?

20:20>> It is.

20:20>> Okay. So, it doesn't need any extra

20:22space.

20:28>> Now, all my all my questions were asked.

20:31Any further questions or comments from

20:33the board?

20:35Any members of the public to be heard on

20:37this application?

20:38>> Cheryl, do you have any further comments

20:40or

20:41>> Thank you.

20:42>> Um, does the board feel enough

20:44information to make a decision? And if

20:46so, do you want to do that now or do we

20:49want to discuss this?

20:53>> I agree with Bob. Very good. Okay. And

20:57that's fine. we'll entertain a but

21:00before we do that um

21:04so a couple

21:06conditions for this

21:09um

21:12so

21:14how does the board feel about and the

21:16applicant feel about a condition that

21:18there'll be no clearing within the

21:21conservation district without board

21:24approval

21:28Yes,

21:30>> you're good with that, Pete. Right.

21:32Makes sense.

21:40>> All right. Um, I'm sorry. I heard

21:42something about a conservation district,

21:44but I didn't hear the whole sentence.

21:45There's a there's a condition on this

21:47approval that would be on the plat that

21:51there would be no clearing within the

21:52conservation district without DRV

21:54approval.

21:57>> Is it

21:58>> where exactly does the conservation is

22:00that on the other side of the the creek?

22:03>> On the other side of the brook,

22:04>> correct?

22:06>> Yeah.

22:13Um,

22:14>> can you see uh not yellow and green?

22:17>> No tree cut on the other side of the

22:19brook.

22:19>> Well, you can't clear it. So, you can

22:21selectively thin it for logging,

22:24>> but no clear cutting.

22:27>> No clear cutting. Yes, that's

22:30>> without without DRB approval.

22:31>> Yeah. It's not to say you can thou shalt

22:34never clear it. You could come in and

22:35maybe get an approval, but

22:37>> Right. But

22:38>> but it would be okay for me to go to and

22:41take a couple trees for firewood and you

22:44know here and there every year.

22:46>> Yes.

22:47>> Just just not hiring somebody to come in

22:49with it

22:50>> here and mow everything down.

22:52>> Correct.

22:52>> Correct. Correct.

22:53>> This is partly because it is in the

22:54conservation district and it is also in

22:56the

22:58uh the hillside ridge lines deep slope

23:00overlay district.

23:01>> Yeah.

23:02>> Yeah. I'm okay with that condition.

23:04>> Okay. And that that is something we do

23:06typically put on conditions in this in

23:08these districts.

23:09>> Yeah, it's pretty standard for this

23:11district. Question

23:12>> is just above the the dot um just above

23:16there is the line between low density

23:19above and conservation below and the RHS

23:23overlay covers in in its entirety.

23:26>> Correct.

23:27>> Just for reference.

23:30Um, and then there is a standard

23:32condition that you have 160 days.

23:39>> 180 days.

23:40>> 180.

23:41>> Well, we'd like to see it

23:42>> within 160. We'd like to see it in 160

23:45and then that gives us two weeks to get

23:46it signed then get reported beneath the

23:48180

23:56map reflect the accessing between

24:01>> show the right of way the address

24:05there's no need to download

24:08there will be

24:09>> yeah I say I'm not I'm not going to list

24:11all those things you need to do Those

24:13are standard. Yep. We get that. All

24:16right. Board with those conditions. Any

24:18other discussion or suggestions,

24:22right? Entertain a motion.

24:29Sorry. Entertain conclusion.

24:31>> Sure. I'd offer. Based upon these

24:33findings and subject to the conditions

24:35set forth below, the board concludes a

24:37proposed project by Peter Melm for the

24:40subdivision of 7art Ring Road into two

24:43lots as presented in application number

24:46039-26

24:49and supporting materials meets the

24:51criteria set forth in sections 504

24:55and 1202

24:58Waterbury zoning regulations.

25:02Um, because this lot has two addresses,

25:08we either add the second one or

25:10reference it by the parcel ID number.

25:17>> Which way should

25:20I'm happy to amend the conclusion

25:22accordingly?

25:26And then I would offer on behalf of the

25:28Waterberry Development Review Board, I

25:30move to approve application 039-26

25:34with the following requirements.

25:37The applicant should complete the

25:38project in accordance with the board's

25:40findings and conclusions and the

25:42approved plans and exhibits.

25:47Uh there should be no clearing within

25:50the conservation district without future

25:52board approval.

25:55and they're uh to submit a final record

25:59myar plaque for review and within 160

26:05days

26:07>> and there's standard language that goes

26:09in that to meet the 180day statute that

26:14I'm happy to make that the motion we

26:17have a seconded

26:19by bud. All in favor?

26:22>> I I opposed.

26:26>> Thank you, gentlemen. Thank you very

26:27much. Thank you for being appreciate.

26:28>> Hey, thank you very much for your time,

26:30all. I do appreciate it. Hope you have a

26:31great night.

26:40>> This can be completely off the record,

26:42but we are very impressed with the new

26:44zoning administrators. We are very

26:48>> going very well in our opinion.

26:52>> Um, you guys submit I appreciate that.

26:54>> Plans in the future. Can you also

26:56include a digital copy? It's just really

26:57hard to read the scanned version.

26:59>> Definitely.

27:00>> Oh yeah,

27:01>> for sure. Yeah.

27:03>> And that Oh, yeah. I did I scan that?

27:05Yeah, I

27:07>> Okay, we will make sure. Yeah. Thank

27:09you.

27:12>> All right. Next item on the agenda,

27:14application 044-26.

27:17Brian and Jill drinkwater applicants and

27:19Phyllis Simon Honer 143 South Main

27:22Street in Waterberry. Applicant proposes

27:24to change the use of a building on the

27:26parcel in question currently zoned as a

27:29mixed residential and commercial use in

27:31the mixeduse zoning district and the

27:33design review overlay district and

27:35special flood hazard area overlay

27:37district. that propose converting the

27:39commercial space to a second residential

27:42unit. Change of use in the overlay

27:44district require DRB approval.

27:49>> Brian and Jill.

27:50>> Yes.

27:54>> Just for the record, could you introduce

27:55yourselves?

27:56>> I'm Brian Water.

27:59>> Welcome. And maybe members oppose be

28:01heard on this application

28:03hearing. Seeing none,

28:06>> I do have one amendment to it.

28:08>> We'll get sorry. Okay.

28:12Um, raise your right hand. Swear the

28:16evidence you shall give to this board

28:17shall be the truth, the whole truth, and

28:18nothing but the truth.

28:20>> Excellent.

28:22Um, and we did have the

28:26notice to the letters and the

28:31right um receipts in our packets. So

28:35that

28:39all right.

28:41>> Uh, the only amendment I need to make is

28:43that we are now currently owners and

28:46>> Okay. Closed on.

28:50I guess I open my questions. I'm

28:51planning on buying it actually. All

28:53right. So, I'll turn it over to you to

28:58please.

28:59>> Yeah. I guess it was at some point

29:03Simons ran their business out of the

29:05first floor and lived on the second. Um

29:08an office. Uh we're working to turn it

29:11back into a residence. Two bedroom

29:14rentals property and we're living on the

29:16second floor. actually

29:24um just some kind of overall any changes

29:28to the outside of the building.

29:33And then the garage, nothing being added

29:36in the garage

29:38as far as renovating it, making it more

29:42habit.

29:44No, we'll um divide off um one day

29:50with the [clears throat]

29:54>> Okay.

29:57All right. Um Harry, questions.

30:01>> No, and I didn't drive by before and

30:06to see that they do [clears throat] have

30:08flood ports.

30:10Um there are three on kind of the north

30:14side

30:16>> and then two in the southwest corner.

30:22So I think at one point we might have

30:24had there were going to be some flood

30:25ports in the garage doors also

30:29going back but I want to say it looked

30:31like it would work fine.

30:33>> All it's just a it's a ratio of area to

30:37area enclosed space.

30:39>> Right. So, uh,

30:40>> is that what they were saying?

30:42>> Yes. But again, the whole buying process

30:45when you're asking people water,

30:48>> they they allow flood waters in and out.

30:51>> Okay.

30:52>> Of that phase

30:54of building the garage floor is a couple

30:56foot below the 100 flood level.

30:59>> Yeah.

31:00>> And so it it really kind of equalizes

31:02pressure on both sides so that you don't

31:04create structural problems with

31:06flooding.

31:08And so it's important to keep them

31:10functioning.

31:15>> That was good. Otherwise,

31:16>> okay. No,

31:20>> um, it says in here that the current

31:22water heater will also be moved to the

31:24garage.

31:26>> It's a possibility. Yes.

31:28>> Okay.

31:28>> Because right now it's in a closet,

31:30>> right?

31:32>> The home inspector didn't like the fire

31:35didn't like either.

31:37to get a deal.

31:41>> Okay. So, that's is is that a change to

31:43the garage then?

31:44>> That would be what we consider a change

31:45to the garage. So, that that would have

31:48to be up in the garage 2 ft above the

31:52flood.

31:53>> Yeah. Yeah. Yeah. Yeah.

31:56>> 4 foot level.

31:58>> Yeah.

31:59>> Yeah. Any electrical going to it. That

32:00would all have to be up. Um, and you

32:03when if and when you decide to do that,

32:06you should come back and talk to Cheryl

32:07about that because you may need a permit

32:09to do that because the enforcement of

32:12our flood plan regulations is what helps

32:15people in town get a discount on their

32:17flood insurance.

32:19>> To get it period

32:20>> to get it period. Yeah.

32:23>> So, and those are important matter

32:25factors in in that.

32:28>> Okay.

32:29Since that um potential change interior

32:34was in their application, their project

32:37description, I can include the relevant

32:41um flood hazard bylaws uh pertaining to

32:45that and ensure that a condition is that

32:49the water heater will be elevated.

32:54That works if they plan to do it in the

32:56next two years.

33:01>> Okay. Why two?

33:02>> Because there's only permanent expires

33:03after two years.

33:06>> You have two you have two

33:07>> you have two years to start your

33:09project. So

33:12>> I mean yet yes we can do that but

33:13understand that if you do it it's been

33:15longer than two years you still have to

33:17come back. Yeah. And actually all all

33:21activities permitted

33:23by this have to be complete within 2

33:26years say the bylaws.

33:29>> So um so anything that's not completed

33:32on this per bill you'd have to come back

33:34after two years.

33:39>> No I don't have any questions. Thanks

33:40David.

33:41>> Oh

33:43this is a great project to see some

33:45more.

33:46>> Good.

33:46>> Yeah. I think I think before it became

33:49office space, it was a a residential.

33:54>> Yeah, they never took it off the water.

33:56>> Yeah, I was reading that email.

33:59>> Welcome to H.

34:01>> Thank you.

34:05>> Uh members of the public seeing not

34:09board feel they have enough information

34:11to make a decision?

34:12>> I do.

34:13>> Ready to proceed with that? will

34:15entertain

34:17a conclusion.

34:19>> I don't have a script for this one. Did

34:20we get a script?

34:22>> No, because and my apologies. I just

34:25slammed the last week.

34:27>> Something. So, so it's the same language

34:30as the ring road one except that the

34:34sections are 301

34:38site plan review and

34:42what's flood plane? Um flood plane is

34:49um

34:52>> 604

34:55development standards.

34:57>> 604

34:59and um

35:04>> 301 for site plan review.

35:06>> 301 for site plan review. Um

35:11and 108

35:14What is that one for?

35:15>> Downtown design review over Lake

35:17District.

35:19>> So you are in the downtown design over

35:21Lake District. So you can change that

35:24Cheryl if you want to change something

35:25about the exterior of the building.

35:27Okay.

35:27>> Make sure you come.

35:28>> Okay.

35:29>> Um and also um 16 05B with regards to um

35:36permitted uses in the mixeduse zoning

35:38district. And

35:39>> number again please. 1605

35:41>> 16005B.

35:43And that's of the

35:45>> that a two family dwelling two units is

35:47a permitted use in that district.

35:51[clears throat]

35:51>> All right, let's give it a go.

35:54So based upon these findings and

35:56subjected to the conditions set forth

35:57below, the board concludes the proposed

36:00project by Brian and Jill Dink

36:05with

36:05>> an

36:08[laughter]

36:09at 143 South Main Street.

36:12Um,

36:14>> everything's filled in but the

36:15highlighted stuff

36:16>> as presented in application 044-26

36:20and supporting materials meets the

36:23criteria set forth in sections 301 604

36:2811108

36:30and 1605B

36:34of the Waterberry zoning regulations

36:38>> and the unified development bylaws phase

36:40one. That was right there, too.

36:43[laughter]

36:46>> And on behalf of the Waterberry

36:48Development Review Board, I move to

36:50approve application

36:5344-26

36:58with the following requirements. that

37:00the applicant shall complete the project

37:02in accordance with the board's findings

37:05and conclusions and the approved plans

37:08and exhibits.

37:09>> And the water heater is the the water

37:13heater moved to the garage is elevated

37:15um according to

37:18>> 2 ft above the

37:19>> two feet above two feet above the flood

37:20plan.

37:25>> That's my motion.

37:26>> We have a second.

37:28>> I'll second now. Second by bud.

37:30>> Well done.

37:31>> All in favor?

37:33>> I

37:33>> I.

37:34>> Any opposed?

37:36>> Congratulations.

37:37>> Thank you very much.

37:38>> I I assume cut

37:42>> Japanese notweed. Yes.

37:46>> Thank you.

37:46>> So there are a few more steps in getting

37:48the paperwork finalized and signed and

37:50so forth. So, you will be hearing from

37:52me um in the the next couple of weeks to

37:55get this completely

37:57>> permitted and official.

37:59>> Thank you so much for your help.

38:01>> Thank you.

38:02>> Appreciate it.

38:04>> Yeah. I apologize for not seeing the

38:06front gates. I was looking at the doors.

38:08I [laughter]

38:10>> Well, the garages is where you most

38:11frequently see them.

38:12>> Yeah. Well, my one eye didn't pick up on

38:15the ice.

38:17>> That's all right, bud. We got you

38:18covered. I know.

38:20>> Well, and my apologies to everybody for

38:23not having the ordinances filled in on

38:25the staff report. Um, I have been

38:28slammed.

38:28>> Absolutely. No problem.

38:30>> It's what I was working on when I muddle

38:33through

38:36it.

38:37>> That was great teamwork.

38:40What

38:41>> you

38:43person?

38:45>> Oh, what's what's going on? Why are you

38:47Why are you so busy? No, you didn't.

38:50>> All right. Um,

38:52>> I assume we don't have any public

38:54comments this evening.

38:58>> I don't think we have public.

38:59>> We are moving the town's business, are

39:01we?

39:01>> We're moving along.

39:03>> Um, we also do not have minutes to

39:06approve because when I finally got a

39:08chance to look them over, I found that

39:11they were only um half uh half updated.

39:15It was sort of a a template from the

39:17last meeting where the last meeting

39:19information was half of it. So, we're

39:20going to have to do that next time on

39:22September 16th.

39:23>> Okay. And was I wasn't at that last

39:26meeting.

39:28Was that application approved? it was.

39:31But in um zoning administrator business,

39:35[clears throat]

39:36um those folks have come back to me to

39:40acknowledge that um due to an illness,

39:43they had to switch to a new contractor

39:45who said that the plans they submitted

39:48for the height of the barn um with the

39:5415t setback waiver, you folks remember

39:57that one. um

39:59>> uh were were untenable and that the

40:02height needs to be 29 ft and not 19 ft.

40:07And since there was a setback waiver

40:09involved in that approval, um I wanted

40:13to get your recommendations on whether

40:15this needs to be um redone, amended, um

40:20how to proceed because there's a

40:21dimensional change to that mark. That's

40:24considerable.

40:26>> That's significantly different.

40:28>> I mean, that was part of it that it sat

40:30down well and the roof elevation wasn't

40:32very high.

40:35>> Um,

40:36>> so that's the that's what happened

40:39there.

40:40>> I would have applications.

40:42>> If it was one foot higher, they'd have

40:43to come back.

40:44>> No, it's it's 10 ft.

40:45>> Of course.

40:46>> So, and I and I said to

40:48>> we we could determine that to be a minor

40:50issue.

40:50>> Yeah. Yes. I guess you're right.

40:52>> Right. only. But no 10v definitely not.

40:54>> Yeah. Only because there's a setback

40:56waiver in otherwise I would have taken

40:58care of this. But that setback waiver

40:59>> we could say we we could say we hope

41:01it's not untenable.

41:04[laughter]

41:05>> I don't 10.

41:06>> Yeah. That's that's a strange word for a

41:08contract,

41:09>> right?

41:11>> Or maybe he said it's not going to work.

41:13Sorry.

41:14>> I editorialized.

41:16[laughter]

41:16>> Okay.

41:17>> Okay.

41:17>> I like picturing him saying Unable.

41:20>> All right. that. So that is going to

41:22come back to you. Um we don't have time

41:24for that to be um next time September

41:2716th we will meet and um review the

41:31Chittenden application that was

41:33originally scheduled for tonight. They

41:35did not do

41:36>> that

41:37>> certified mail um in time. So I

41:40rescheduled them for next time and moved

41:43that process along. Um, and then an FYI,

41:46there will be no meeting in October

41:48because um, the first week of October I

41:51am in Ireland. Um, and Neil is

41:55unavailable to cover for me. And the

41:58second meeting in October, Neil and I

42:00are both at a planning conference in

42:03Manchester. Um, so neither one of us is.

42:07>> So, do we have any do we have any timing

42:10potential timing issues? If something

42:13comes in that doesn't work out with

42:14that,

42:15>> the only potential timing is this

42:18setback.

42:20>> The setback. Yeah, they've got the barn.

42:22>> They've got to submit a whole new

42:23application. That can't just be

42:24considered a continued application.

42:27>> Okay.

42:28>> Right. So, so there's that. We do have

42:30um at least one that is amendable to

42:33November, which would be the next

42:35available meeting dates.

42:37>> You're going to have one from me

42:39tomorrow.

42:41>> An application.

42:42>> An application.

42:44>> Right.

42:45>> Great.

42:45>> Not in October.

42:47>> So,

42:47>> it is what it is.

42:48>> Just what I need.

42:50>> That's great.

42:52>> Um

42:52>> so October 14th is not happening.

42:54>> No. So, our next meeting is the first

42:56one.

42:56>> So, it's October. The next one is this

42:59month and then and then November.

43:00>> Great.

43:00>> October 7th or October 21st are the two

43:04scheduled meeting dates.

43:06>> Oh, okay.

43:06>> And Neil and I are both indisposed on

43:09those nights.

43:10>> Vacation, right?

43:12>> Right. 7th and 21st.

43:14>> Great.

43:15>> I will be turning 50 in Ireland and not

43:17caring what you all are doing.

43:22>> Um,

43:24>> and the other one's work will be at a

43:25conference. Um, and that's

43:28that's it for me this time around.

43:30>> Oh, we could use a little spatical.

43:36>> We could we could I'm just going to do a

43:38plug. We could um meet with the planning

43:40commission.

43:41>> I I was I'm about to suggest that.

43:43>> That's brilliant.

43:44>> Yep.

43:45>> Because I know that they want to pick

43:48your brains a little more and get some

43:50>> I think that's I think that's a great

43:52plan.

43:52>> Great plan.

43:53>> I can't do Oh, I can't do it on the set.

43:55I can't do it on the 14th.

43:57>> Interesting.

43:58>> Okay.

43:59>> I like that. We wanted to make more

44:02parking spaces by reducing the length of

44:05the ones we have.

44:07>> The length of the width.

44:08>> The length.

44:11>> If all the parallel parking spaces could

44:13shorten,

44:15>> we could gain more space.

44:16>> That's true. As long as we all drove

44:19small cars.

44:21>> All right.

44:22>> All right. You plan on

44:23>> Yep. You can turn the recording off.

44:25Okay.

44:38>> [music]

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