is Jay on by the way Jay can you hear us I can hear you can you hear me yes we can okay very good good evening everyone welcome to the regularly scheduled meeting of the Yarmouth zoning board of appeals today's date is June 27th 2024 we have four matters on our petition tonight the first matter is petition 5107 TNC Holdings Inc Sandbar Holdings l l c and Sandbar management property's located at 492498 504-512 and 518 Route 28 West garmouth the applicant was seeking a special permit per 104.3 point2 subsection 3 and four uh or to further amend decision number 4926 uh we do have a letter from the petitioner requesting a withdrawal of that petition I will read it into the record dear members of the board I am writing on behalf of the applicants in the above referenced case TNC Holdings LLC Sandbar Holdings LLC and Sandbar Management Inc to respectfully request that petition 5107 currently continued to the board's meeting on June 27th 2024 be withdrawn without prejudice thank you for your consideration of this request very very truly yours Andrew L singer um anyone wish to have a discussion on this matter or is anybody prepared to make a motion I'll make a motion to allow the petitioner to withdraw without prejudice correct okay do we have a second to that well second second okay any discussion on the motion hearing none all those in favor please signify Jay did you have any comments you wanted to make on this matter no comments okay um all those in favor please signify by saying I I I any opposed hearing none that carries unanimously okay the second matter on our agenda tonight is petition 5109 this is continued from May 9th 2024 and May 23rd 2024 it's DC solar Inc and Sun wealth property located at 205 Old Main Street South Yarmouth it's in an rs40 zoning District this applicant seeks a special permit per 31.2 and or a variance from 30146 to modify the existing parking lot by removing inlaw trees for the construction of A1 ft 8 in by 117t 6 in solar carport Port canopy over the rear parking lot we received a letter from this petitioner who was also seeking a request to withdraw that petition I'll read that into the record to the zoning board of appeals I am writing to respectfully request that petition 5109 currently continued to the June 27th 2024 hearing be withdrawn without pres Prejudice after discussion with the property owner and the developer we have decided not to move forward with this project thank you for your time and consideration in this matter sincerely Dan Clinton from DC solar Inc anyone wish to have a discussion on this matter or to make a motion I can make a motion to allow the petitioner to withdraw without prejudice petition 5109 okay is there a second to that second any discussion on the motion hearing none had a question sure um I know we had we've had some solar requests in the past and I I had sent a letter to planning to ask uh that we look into some addition to bylaws do you think that's something that we should consider again well uh perhaps but uh what we should probably do is uh have some discussions uh with the town planner Kathy Williams and probably begin there and then uh if we wish to expand that topic go through her and then perhaps on to the planning board as to whether we need some type of amendment to address solar panels in town okay thank you okay um all those in favor to allow the petitioner to withdraw without prejudice please signify by saying I I I any opposed hearing none that carries unanimously the next matter on our petition is petition 5115 ader DEA Gonzales of 155 Station Avenue South yoth is he present he's not present we're going to move on from that one we'll take him up later the next petition is petition 5116 James Ruma property located at 228 Route 28 West Yarmouth Mass it's in a B2 zoning District the applicant seeks a variance from section 202.5 footnote 2 for H one use in a B2 zoning District to conduct the temporary and seasonal sale of plants outside a building good evening gentlemen good evening could you identify yourselves for the record yes for the record uh my name is Andrew singer attorney in dennisport with me is James Ruma the applicant in this petition okay please tell us a little bit about your petition okay thank you um just a Orient well two two quick things to start um and I did submit a summary of reasoning to sort of outline some of this but the the the reason we're here here is that Mr Ruma raises cultivates plants mostly hydranges he's been looking for a place to sell his plants for a long time and it's been harder than you'd think uh so that's what he wants to do the where that he wants to do it is a piece of property that's had some history with you guys last year um uh this is uh the old um superow property down 120 on on Route 28 in West Yarmouth um what Mr Ruma would like to do is get relief to well what we went to site plan review for was to he wants to sell plants here for one season just 2024 season wants to put up some temporary fencing put some tables up have his plants people will park in the existing parking lot that's it very quiet um light use when we went to site plan review The Building Commissioner had a bit of a conundrum uh he said that unfortunately we don't qualify as a farmers market because the definition of farmers market in the amaz zoning bylaw is predominantly somebody selling predominantly local fresh food and produce plants aren't included so for some reason you can't have plants at a farmer's market in Yarmouth if they're the predominant use you have to have locally grown food and produce all right so a farmers market was off the table we then went to H1 which says you can sell plants plants are a a use that's allowed as retail however there's a footnote and the footnote says you can only do so if the predominance of what you're doing is inside a building so you can sell plants by right inside a building you can't sell them if outside of a building you know the property there is no building um and so since this is a temporary use the owner as I understand is is going through a permitting process to redevelop the property full with you know full sight upgrades of parking Landscaping whatever um that's a separate we're just here I'm just here with Mr R and so what Mark said at cite view was unfortunately you need a variance um it's only for one season it's a quiet use it's really an innocuous use but yet don't fall within anything the bylaw allows because there's no building in this case and we're not a farmers market so we applied for variance um we gave you a very simple plan uh which is uh it does not propose site upgrades it it's literally there's a there's a massive asphalt and a rete slab for the old building on the on the ground what Mr room would like to do as you can see there is bring in that temporary security fencing um set up five or six rows of tables and sell his plants for the summer um this summer this summer 2024 yeah he'd like to do it between now and um o Columbus Day give I would say yeah yeah um we we were hoping to come sooner in the season I was going to say it's a little late a little late um but Mr room is still you know a few months is better than no months and like I said he's been trying to sell his plants and he's just been having trouble finding a suitable place um it does need a variance so so the legal standard you know it has to be something unique about the soil condition shape or Topography of the land or structures that renders a hardship um this site it doesn't have a building but there's still a lot of improvements it's it's a good chunk of it the entire front of it is asphalt you got the slab of the concrete building it's as we understand in the beginnings of a process to be redeveloped which would solve all those issues later on for another user um and we' respectfully submit that given those existing site conditions the fact that it's there and phow and nothing's going to happen for it this summer it'll just sit there open um that there is a hardship um if a temporary relief and again it's only a temporary relief for this season um couldn't be granted um the use we don't think there's going to be any substantial detriment to the public good or the uh detriment from the harm of the bylaw it's a daytime use it's going to be very quiet there's not going to be a great deal of traffic with this um uh he Mr rumor grows his own plants and he just wants to bring them here and sell them um it's interesting again that outside display and sale of this inventory would be allowed if there was a building on the property that that where most of the use took place but it's not here and so that's really um we we there'll be nothing else allowed on the property we don't believe there'll be any um harm to anybody there's not going to be as I said much traffic no lighting and so we'd ask if you would be willing to consider uh making findings that the variance criteria in this very unique situation are met uh and allow a temporary one season or one year however you call it um relief so that the plants could be sold for the 2024 season if you have questions uh for either one of us we'd be happy to answer them and we thank you for your time okay thank you uh dick do you have any uh questions for the petitioner not really I mean it's it's a real short term in Oculus use um uh one question I guess I might say with the exist the other existing curb cut and then going to be able put in there to keep people from driving in that he's talking right here you you talking the middle there's a middle one in the middle yeah could you would you block that off from my I don't know his fencing as you can see on the plan um Kieran did this plan and he pulled the fencing back so I think there could be it looks like and again I'm not an engineer but it looks like he pulled it back on purpose so that maybe you'd leave them both open just for safety and circulation if someone's coming in or leaving um you can see the parking would just be up the the right side it's existing parking um so at this point I think it's the proposal is just to leave it um but that doesn't I mean that could change if if that's something you wanted and I'm not really sure of how open and visible it is per se I mean would it be likely for somebody to turn into that curb cut and try and make their way over to the right or or just park out there in front oh you just put like cones here or something mhm what what Martin is suggesting is if you put like cones right or something you block that here correct that's what you're talking about d right you know to you put some soft horses or a cone or I mean if it really looks now that it's not conducive to pulling in there then I guess I wouldn't have a problem uh if it isn't a place where people could pull in like I said and park in front and work their way over to the other parking lot I don't think that's what we'd want to see um okay otherwise I don't have you know I mean it's this season it's already late it's uh probably no big deal having having that there I I know there's future plans coming in for bigger projects which will'll have to meet all the other criteria so I'm I'm otherwise potentially comfortable in giving relief John you have any questions I just have a couple questions I mean I don't have a problem with your proposal but what would your daily hours be I would say roughly 10 to 4: 10 to four yeah okay and then you're talking seasonal so when would the end of the season be for you probably uh maybe through October depends on yeah if you run out of you're done yeah yeah but certainly not later than the end of October yeah what about signage I how's know what you're doing there they well there is a sign there which I think we talked to the uh building department about there an existing sign right which they would all we have to get permit you know we have to show them what what size we're going to do and get permission from the town to uh put so you're just going to cover up the existing sign that sign that said yeah use the same whatever there's a support there for the sign so we just use the same same sign something temporary like you said plans for sale or something right yeah okay just so somebody knows what's going on yeah um I don't have any other question I do notice though on that lot there's a lot of debris in the in the rear I know that's not none of you are doing but um is anyone plan on cleaning that up some people are dumping furniture and just I was I went by recently I don't I don't think there's much there now there used to be I mean last year there was there is some there is some yeah I I'm sure uh we could have somebody with a bombcat put it in a corner or put it somewhere so it's okay out of the way or whatever whatever you people want to do and hopefully if there is if you allow the sales with a fence that whatever is happening would decrease cuz it's not going to be as conducive to be it wouldn't be aband it wouldn't look abandoned right that's all I have for right now thank you okay Barbara do you have questions um yeah John asked the the the question I had but um where are these plants being grown now where would you be bringing the plants from and how then we're in dennisport yeah okay where in dennisport but it's on we're on Bayberry Lane which is sort of a residential area so we really can't sell out of there yeah so we have to go off site how do you bring them over it's the pickup a trailer yeah we we have a pickup truck in a trailer Okay small trailer so how how much inventory would you plan to be putting on the site well if we had five rows of tables maybe uh uh we probably have uh 3 400 plants at a time W okay but it's kind of the end of the season now for planning so then you'd go into what mums and pumpkins and no we just no no that's it we just what we whatever we have now so you wouldn't be doing anything for the fall uh no I wouldn't want to do anything else besides the plants and uh like we have lilacs blueberries uh some Japanese maples but mostly I say 90% hydranges 90% hyd Rangers okay no no other questions okay Jay do you have any questions for the petitioner uh no I basically I support what they're asking for I think it'd be a good temporary use um the fall growing the fall grow planting season is a good time uh to to kind of hit some of those types of items also so I'm a dick though I would like to I'd kind of like to see something maybe a couple Planters in front of that extra uh curb cut but other than that I think uh I would support this request this petion okay okay um I I see from the site plan comment sheet there's a question about uh portable toilets is there going to be one placed on the property right where will that be placed uh I would say we'd have to have it fairly near where they the entrance to the uh where the a gator is near the fence mhm or maybe to the right so it's sort of out of the way you know accessible but not uh well how long if you're selling hydranges and I'm buying hydranges I'm just curious how long would the average person be on the property how long what how long would your average customer be on the property 10 minutes 10 minutes 15 minutes maybe you know they walk around you need a portable toilet right on Route 28 why couldn't we put that at the rear of the property well we could I would think it would be more for your whatever you recommend we would do it so if we could maybe put that towards the back of the parking lot so it's out of the way and out of sight somehow or if we could maybe say towards the back of the fenced area CU yeah that that's when I'm talking the property yeah I don't mean all the way back there yeah okay uh towards the back of your proposed parking area right okay now um I do see these tables are 100 ft long and you got 1 two 3 4 five is it I I think I just heard this is it your intention to bring in 500 hydranges yeah probably I mean how many do you have ready to go right now well we have 2,000 2,000 yeah we buy a little plants well we propagate them some we buy small plants B them up and grow them on fertilizer them throw them on then we buy some larger ones which are we call them beer root no dirt from Growers out in the Midwest and it'll come in with a no dirt but a good siiz plant and we put that in like a two gallon plant or pot or a 3 gallon pot or a 5 gallon pot so you get a decent looking plant when you get through and once it starts to leave out you know it gets much much bigger okay okay um how many people do you have helping you with this is would it be you on site or do you have myself and probably two or three workers okay is this something that you've done before in other locations we did uh we did trial it down by the crazy rooster uh last year for like an hour or so and off the trailer okay okay so this is your first Venture as to going out and trying to do a retail and with tables and a fence yeah a little bit more established okay okay temporary still though now this chain link fence that I see um just like a uh construction fence how they used typical portable uh you know link them together we have a gate there you'd be able to lock them up at night the fence yes we would yeah you'll be storing these so if you brought these over tomorrow um how do you water them uh if we can't make an agreement with the neighboring restaurant like paying for the water we have to have to get a portable tank we have a pickup truck and had to use a portable tank to water the plants from from there you come in and you spray them off the back of the truck is that how you they ripped all the uh pipes are all ripped up that were there before no more water at the nothing there right right so you if if you if you needed to go to that idea with the pickup to you come in it's got a water tank in the back and then I Pres assume you got some type of a sprayer to spray your plants with a pump you know we just water them daily okay and you got enough room to get a truck in there I presume it looks like you do yeah so you're looking for 10 to four 7 days a week um I'd like to go through Thursday Friday Saturday Sunday oh we we'll give you we can give you I think seven days a week you got a no one's got any objection to that you only you only have a number of days seven but you don't have yeah okay yeah seven would be good I mean I'm making you if it's busy we'll do it you know keep doing it but uh usually the weekends are the busier time sure okay all right all right and okay so you're looking to go into October um you're going the sign is going to be you're going to cover the existing sign so you're not looking for any relief for that all right correct well um I don't necessarily have a problem with that I don't want to start though a precedent where we're granting variances where people come on to a piece of property like this and I'm seeing around town a couple of things that I may raise with the building department where I see some violations especially with I think food trucks in parking lots just setting up shop oh yeah so um and I'm not I haven't really looked into that so I don't know what's allowed use and what's not um but I agree that this is certainly not going to be a use that's going to be any type of a detriment or a nuisance to the neighborhood we've had other people that wanted to do different things on this particular piece of property that were different in nature and I think we thought would rise to the level of a nuisance this is certainly not one of them you're going to do it on a seasonal basis everybody loves Hy ranges hydrange is arcave card right so um I I certainly don't have a problem with a temporary variance I don't think I would support this if you want to come back in next year and do it I'm only doing it because of the representation that you're going to come in here for a couple of months or so and that this property is going to finally as I think I'm understanding going to be redeveloped um yeah I can't I don't we're not representing so I can't make that representation but I understand from talking to the town and I I've read some comments here on this uh site plan riew comment sheet that suggest that that's what's going to happen so whether it does or it doesn't that doesn't affect you but um okay I don't have anything else is there anyone in the audience that wishes to speak in favor of this petition if so please come to the microphone hearing none if there's anybody in the audience that wishes to speak in opposition to this petition please come to the microphone seeing none is there anything else that you'd like to add at this time no thank you okay uh we're going to close the hearing to the public begin some board discussion anybody want to begin a discussion or is anybody prepared to make a motion I'd make a motion to accept the petition as as submitted um the one condition I'd like to see is maybe a couple Planters in front of the second entrance okay so we're talking about motions made yeah Planters in the Westerly uh curb cut curb cut I think you want the uh okay the potty at least halfway back we move this back further I mean I mean let look at it again maybe yeah well what they're talking about they'll just just put something there so people for the summer would go in here yeah I don't want to tell you what to put there but maybe what you might want to put there was a table of hydrange want you just want to block it off I mean someone drive by hey those look nice what's going on get advertising yeah all right good idea okay um all all right um as part of your motion Jay would you I guess I should I should add probably hours of operation and the the time temporary time frame um so the the petition asked for um I think it's 9: in the morning till 6:00 at night they still want that or it's 10 to 4 well he suggested 10 to 4 so uh what are the hours that you're asking for yeah that's probably that's I'd say 10 by the time we get everything over there you know we get everybody shows up and get things going 4 4:00 4 p.m. probably okay yeah I think five I say five just in case I tell you what cuz you're seasonal and everybody's up and about why don't we just say 9 to six you don't have to work those hours but why don't is that is that acceptable to you Jay it is yes okay so we're going to put that as a condition your R of operation all right and through October of this year through October so we'll go through the end of October yes so that's fine whenever the special permit is past the time for appeal that is issued through the end of October will be your time um you're not asking for sign relief uh the portable uh restroom there will be placed at the rear of your proposed um parking area okay I think that's here does anyone else have anything else that we miss anything okay uh um at a motion made by Jay with these uh conditions that we've discussed do we have a second to that motion I'll second okay dick will second you on this one you and barber we got barber in the last one she second okay any further discussion on it hearing none all those in favor please signify by saying I I any opposed hearing none that passes unanimous iously thank you attorney singer as you know there's a 20-day appeal period uh after we clock it with the town clerk um are you going to submit a draft uhis I will submit a draft decision and yeah could obviously would be a short season as soon as it the sooner it gets clocked in the sooner everything runs going to say if you want to get it over to me I'll review it right away and we'll get it clocked because I know time is of the essence with you okay I will do that all right all right very good thank you very much wish you the best apprciate okay put this away this this all right let's see if we have our petitioner here now our next petition is petition 5115 eer D Olivera gonzal 155 Station Avenue properties in a zoning District R40 the applicant seeks a special permit for Section 407 to create a 565 Square ft accessory apartment Additionally the applicant requests a waiver from the requirement for certified plot plan less than two years old good evening could you identify yourselves for the record place so Ed pardon me Eder Eder no you're Eder okay I'm the translator okay and you sir I'm yeah and you are I'm the translator okay and what is your name Elias sidel okay all right thank you very much uh go ahead and tell us about your petition I came here I came here last time but it was approved because of the size and I went to the to and they said I'm allowed to to add a garage and finish it and add it to the apartment where it is necessary okay so we have a memorandum from last time let me just take a look at it so the last time that you were here you submitted a plan that showed an accessory apartment of 325 square fet the minimum square footage as we told you was 350 now you've come back today with a plan that shows 565 Square okay yes so you're above the uh minimum requirement and um am I looking is this the plan that uh you're submitting yes okay I have some questions about this I see living room I see bathroom I see kitchen what's this room that's the Y that GAR is going to be connected to the apartment okay what's going to go on inside the [Music] garage I think it's going to be a bedroom you okay it's going to be a large [Music] bedroom the rest is is going to be a a kitchen in a living room okay are these Dimensions that you submitted here are they in inches yes okay all right so we don't have feet okay um all right [Music] 13050 that's quite a big bedroom um let's see [Music] 12 he decided to to have the garage because the garage wasn't kind of being used you all okay so said if it is necessary he could make me build a smaller bedroom and have some space for the garage so do you live in the main house no no not yet because after the the accident is still there he wasn't after the accident that the car hit the house so he wasn't rebuilt yet so no one's living in the house right now no there's no power there we're going to get ago how long ago did this accident occur that happened in late February so he right now he lived in another [Music] place and I'm still renting a different place and how and is it your intention to move back in after it's finished yes okay how far along is it right now as far as being close to finish when when is it going to be finished a month yeah okay is it sheet rocked inside I mean the main house the main house rock yes sheet rock rock is it wired and plumbed it's F we going to we getting new lines and the power lines and everything because the inspector went there he check that what has been inspected so far electrical part was that's been inspected inspected yeah is there new Plumbing in there also yet because that was hit by the car is still broken there he has to be fixed and then he's going to get the all Plum fixed it you know okay so you still need to have the plumbing inspected yes okay is there any new Plumbing in this new section that you uh have done that part is done this part is done yeah it's it's the M House part that needs to be replaced so you've you've you finished how far along is the proposed accessory dwelling when could somebody move into [Music] that the minimum two months two months okay all right all right so uh and how many bedrooms are in the main house two bedrooms one living room right and uh Kitchen in a small room there second Li room okay okay how long have you owned this property [Music] [Music] about eight months said was uh later October when they bought it so did you ever live in the pr in the house when I bought it it was a lot of it was messed another junk and the everywhere and so he has to clean up everything so you've never lived there before yeah before the he said he live there for three months what's your current what's your current address huh what's your current address what's your 28 uh CER pond Road H ro road hyas okay 28 COC Pond Road and do you have a lease there he owns the house too actually so he he he own that house too how long have you owned that house about years but the house was rented to uh a person so he had to after the accident he had to talk to their guy so he could move in for a while how many houses do you own thing three houses three houses where's the other house that you own's the Third cerville and is that house rented out too yes how many people live at the house in [Music] sanville 405 four or five okay is it a family or are they different are they just all single [Music] people my brother and his family sister oh sister his sister and her family and another person and and this house that you're living at right now how many people live in that house okay a couple and their daughter and and two brothers couple in daughter and two brothers live in the one unit and you live in the other unit yeah no this is the house in hyas the house in Hy so you live in one unit and then in the other unit there's a couple in their daughter and two brothers your most in that unit that you rent out to them how many bedrooms are in that unit yes three bedrooms three bedrooms and two living rooms big living rooms a kitchen and a bathroom more said he also has the house also has basement but just for a pleasure room no one is living there actually okay who finished the basement it was finished when I bought it it was okay okay and before you moved out or before you moved into your current where you're living right now up in hyas how many people were living in that unit that you are living in now before you moved in there was a couple that was that was living there but they had to move out because they said I was charging too much okay okay all right now um how many people are going to be living totally in this place right here that you're planning on renting out do you have anybody that's interested in moving in I had this planed before that I was was planning leave uh in a separate space and read the other one for Summer Rental maybe okay because they spent spent too much money you know just paying mortgage mortgage and the house wasn't making money itself the insurance was was supposed to send me a $229,000 check but for some reason it was was postponed and and they're going to send me the money so far nothing okay all right I'm uh I'm going to let some others ask some questions now John do you have any questions for the petitioner well I have some questions about the parking because that was the other issue um right so it looks like uh you plan on the parking for the accessory unit in the rear of the lock is that what you got some gates in the back of the fence is that is that what going on yes there is a gate out back so that's where the the folks living in the accessory apartment Sten two Street Station Avenue right L roads another road he on called L roads Lambert Road yes so uh this shows this depicts the the backyard right right and so this is where they'll be parking in this area here right on the lawn you plan on putting any gravel down or anything or of surface yeah he make plan to have some Stone there the water sink for how many cars you plan ons ask two cars okay okay uh that's all I have right now thank you okay Barbara um so you're telling me the for the parking for the accessory apartment they come through the back no there's a a side gate that makes that gives access to the to the lambers RO I'm still not understanding a side gate yeah or a side door there is a a front door and a back door there is a door that get access to the Lambert Road Street and how many how many vehicles will you have parked in the driveway driveway two two okay because it's pretty small [Music] space will be small now because he said when he built that he put some the stones on the side okay cuz with the accident there someone was backing out uhuh so will there be an will there be an ability in the driveway in the front to do like a three-point turn and and pull straight out pass I'm just concerned [Music] out the driver the driver will be able to you know do the maneuver driveway okay small car yes but a big truck or something no it wouldn't be yeah so what do you what kind of a vehicle do you drive uhuh it R pick up pick up TR so you wouldn't you wouldn't be able to do that maneuver in that truck yes he would be yes all right that was my concern about the the driveway and cars backing out again okay anything else at this time bber no okay Jay do you have some questions yeah I'm mostly just trying to understand how this accessory apartment fits into the pl plan on the accessors map um is the room that you have on the the layout is that half of the garage or is that all the garage what what is that ex how does that or you adding additional um uh footprint to to the house well he's saying he that the garage was already there actually no I I understand that but the garage right now is shown on the accessories map but I think it's to be 20 ft 20t deep and uh from best I can tell that doesn't match up to the the room so I'm just trying to understand how much of the the current house is going to be used or is something being added oh he said the room was smaller but now it's it's bigger now I think is that used to be 300 and something but now it's 500 500 and something he's not sure though yeah it's that's not my point my I'm trying to understand it looks like part of the garage is being converted over to this accessory apartment but not all of it all of it yeah that's all of it yeah that's that's his plan maybe that's what he said okay so it's not really in proportion because it it says 150 so I'm trying to understand how many inches or whatever um all right so the whole garage so the current garage is being converted you're not adding any second floor or anything it's just going to be the garage is being converted and added into that back room is that what I just no no was that a yes I mean um he made yeah he has no PL to build anything upstairs it's just that floor yeah okay okay and and the the the gate on the side I I know there's a gate on the side of the is that an official curb cut do you know no no he said there's no curve there there's no curve okay not not necessarily an official driveway or anything currently all right that's all I have for questions thank you okay dick do you have any questions for the petitioner yeah um there boy so we had two two car car two cars going in a gravel driveway to be built in the in the back and you have two cars in a semicircle driveway off station a in the front correct Sten yes it's a lot uh now are you going to live here yeah I intend to live where you're living in howich you're going to leave howich no h not Hy he Liv in hyas right now oh hyas I'm sorry in hyas do you have lease there sorry is there a lease there I think somebody asked that for I think he owns the property he owns the place yeah he owns the property okay why do you want to leave that for here he said he rent there because he can make more money there no rent of place there than here so he can make more money there he'll rent those two units and live here that correct yes new accessory bylaw does allow does require the owner to live there right yes does yeah um yeah this whole accessory B was something that I was against because it's causing problems and these show some of the problems that I was worried about too many cars in a small lot too much house in a small lot too many people on a small lot um the lot which had been quite pretty has been desecrated with every tree taken down in the fence but everywhere across the whole property which I you know if you're trying to make it look nice which would be nice under the circumstances you haven't done that um said you worried about I mean two cars well I mean everything it looks like a bomb at the place right now for the yard um I'm worried about two cars in front two car two cars in back uh I have the same uh concerns about the front driveway and potentially backing out on that Drive weight it's just a small quarter acre or less than a quarter acre I think a lot I'm not comfortable with you make I I still don't you know none of us are able to figure out the plan the plan stinks um V it's I don't know what's you know the whole house should be if for status uh on the plan it shouldn't be just showing the addition which I I guess is this is all the addition including what's called room my health faces two streets the St and the other one um yeah the accessory use this is just probably the worst case condition I can see or uh with somebody trying to use that b uh there's a lot of things we need to know what the property is going to look like in terms of the architecture um yeah location is uh very dangerous location that has to be accounted for you know I'm not I'm not interested in voting for this petition can I uh could I ask you a couple more questions um those rental units that you have up in hyas you have one in hyas and one in Centerville is that correct yes have tenants in that those correct are they inspected every year do you have proof that they've been inspected [Music] no but I I'm always I'm always renovating my house there this places and they always come to inspect the place who came to inspect it build the town builders in which town hyas hyas you said the town building inspector came to inspect your rental units they're supposed to be rent inspected on an annual basis do you have proof that they've been inspected no he said okay just under just under this particular application that you have I'll refer you to uh subparagraph 10 of 47.3 that states that you're required to provide site plans including parking locations and any proposed landscaping and floor plans are required for all accessory apartments in addition architectural plans showing elevations and building materials shall be provided for any additions or new construction I would submit I'd like to see not only this which we don't have a plan because you don't have it delineated for the bedroom so this is insufficient but also I'd like to see the plans that you submitted to the building department for the primary residents your remodeling Sean this is Jay could I ask ask you another question okay one of the provisions also says that the accessory apartment shouldn't be more than 50% of the size of the main main house and best I can figure the main house looks like without including the back accessory apartment looks like it's less than 800 square fet so I'm just wondering if the 565 now is is too is too large given the well he had a problem last time he didn't meet the minimum I I think he I think he'll meet the size requirement but but there's also the requirement not to exceed I also had another another question um do you ever pass certified septic certification for three bedrooms for this house because the new apartments going to be considered one bedroom even if it's a studio and uh there's two bedrooms probably in the house if you don't if you if you have a two-bedroom septic system you know you're going have to upgrade that as well I I think what you have here is what you've submitted is insufficient it doesn't show exactly what you're going to do that's a requirement I think you also need I was asked I was asked to to bring that actually I mean to do that oh no no that's fine but you just can't write room needs to say bedroom it should also show specific off bedroom is it should also show the rest of the house also show Ingress and egress it should also show where these people are going to park where the people in the primary house are going to park get a whole site plan I will say that I do share the concerns of the other board members relative to the dangerousness of backing out onto station the station Avenue the way you have that current fencing configured around the property it's blind backing out of there and you have insufficient area inside there to turn around within site to drive out straight I looked over there not quite a few times just as fast so I I won't speak for others but uh I share Mr Martin's concerns and the rest of the board this petition in its current form I certainly could not support okay so I'm leaving now it's irrelevant I guess it it just appears that there is insufficient support Mr Martin and I and I don't know how the others feel but I'm not hearing a lot of support with the others but you would need to get at least four out of five members to vote in favor of this tonight there's at least two of us here that will not support it so you would not be successful what what do I need well you could go over the bylaw requirements uh with the with people in either the building department or or the planning department I will I will just interrupt you just one second because what I hear from you and I'm not saying anything bad okay you're a businessman okay but you're buying these properties and then you're leaving and you're renting them so I presume what's going to happen here is you're not going to live here now maybe you are said if you if you choose to move out of this if we were to GR permission at some point in the future which right now is the way that the lot is configured and laid out and what you've submitted there is not sufficient support for but if if we did Grant you relief and you fail to live here because someone needs to be a primary resident in this building under our bylaw you perform you would lose the right to continue the accessory apartment and you'd have to discontinue it so you can't tell us that you're going to move in and then rent it out to whoever you want to rent it out to not saying you're going to do that I just want to make you aware that if you do that even if we granted you permission you would lose that right in the future but as it stands right now you don't have sufficient material to go forward with this I don't believe I don't believe you've met the criteria under the bylaw and I think if a vote were taken tonight you would fail now if you prefer we can take a vote if you want or you could request to withdraw your petition without prejudice and the board would take that under consideration okay and where where should I go to have all the things by the book by the by the you want to come in with the full proposal and project of the project first of all I think you need to go over this with not us okay we can't tell you how to do this this is something you need to look through the bylaw if you have questions perhaps you can contact the building department okay but I will tell you that from my perspective that driveway in the front is a nonstarter because it's too dangerous on station fation and if you were to [Music] rely a question if it is too dangerous why is is their house built there for this dangerous well the house was built there but what you've done is you've closed it all in with fencing so no one can see coming in and out you can't turn in there if you look at an old picture of that house before you went in and tore everything up and quit fencing all over the place used to have sight lines can I borrow this you see that picture right there I thought I've driven by that house my whole life okay you you could back in and out of there no problem cuz you used to be able to see 500 ft down the road you can't see out of that driveway at all anymore and when you do pull in there you pull more than two cars in there you have to back out people can know drive out just for instead of backing out well I don't believe that they can turn around on that site right now and I'm not prepared to believe that that's how you could negotiate that site right now he said if you want I can show you how to how to drive around you don't have to show us the question before you right now is do you want us to continue with your petition and take a vote tonight or do you want to ask us to withdraw this matter [Music] so he only has to go to to the build building department see what he can do now he said well what you have here is not sufficient to go forward tonight what you do what people do is they come in and they put petitions in front of us they must be complete for us to act on them if they're incomplete we will act on them but generally with a negative vote negative now this this is the second time that you've been in front of us the burden is on you not us the burden is on you to know how to fill out one of these petitions and to present to us I didn't know I I just followed the building department they didn't tell you enough well I'm I'm I I I don't I also don't want to uh put the onus on the building department either because it's not their job to tell you what to do what they will tell you to do is it's right here under Section 407 if you don't understand this you need to consult with someone who does understand it and then you can come back with a full petition that has met all the requirements these are mandatory requirements obligator we don't have the ability to vary from them so what is it that you would like to do would you like to go forward you would you like to request to withdraw your petition just cancel just withw that you would like to request to withdraw the petition without prejudice okay all right why don't we have a discussion is there anybody here that wishes to speak in favor of this I are you here on this matter sir yes do you is there any comments that you wish to make concerning this matter yeah I had some concerns my name is Ivan volinkin I'm from stle Road it's like next house to that sir so my main concern is the usage of that accessory apartment I think you mentioned that is going to be used as for Summer Rental if I'm not mistaken well you have to have you can't use it as a Summer Rental just so you know the bylaw says it has to be a 12-month lease you really need to educate yourself on what the requirements are it could not be used for Summer Rental what my concern okay so I think what he wants to do tonight is with draw this petition so we will not be considering it yeah sounds good okay thank you sir thank you all right um is anybody prepared to begin a discussion or make a motion I'll make a motion to uh let's see so you understand what we're doing here requested that you be allowed to withdraw your petition without prejudice it means you can come back but you're withdrawing it tonight okay I'll try to come back following the law oh yes but that's for another day okay all right so the petitioner has requested that he be allowed to withdraw his petition without prejudice is anybody prepared to make a motion to that effect I I'll move the petition 5115 that the petitioner is allowed to remove uh his request um withdraw his request uh without prejudice okay is there a second to that motion I'll a second seconded by John any discussion on the motion hearing none all those in favor please signify by saying I I any opposed hearing none your petition has been withdrawn without prejudice sir thank you very much there we go thank you thank you sit on it we'll we'll keep this letter in the file I didn't read it into the record but the matter was withdrawn so but we will keep this uh this is a uh letter from a a neighbor um do we have any other business tonight no other business okay do we have a motion to adjourn motion to adjourn second no oh we did have a second sometimes we don't get a second everybody wants to hang around for the night all right we got a second all those in favor please say I I any opposed hearing none We Stand ajour thank you very much