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From YouTube: Beacon Zoning Board 1-18-23
Description
The City of Beacon Zoning Board Meeting from January 18, 2023
A
All
right
guys
well
Stowe,
can
watch
this.
We
have
a
new
board
member.
His
name
is
still
Boyd
he'll
be
joining
us.
Hopefully,
next
month,
he's
not
feeling
a
little
under
the
weather
tonight,
but
we
have
been
him
and
I
have
been
in
touch
so
I
kind
of
gave
him
the
rundown
of
what
the
responsibilities
are.
A
We
talked
briefly
about
the
applications,
not
not
that
that
matters
so
much
anymore,
but
I
will
be
making
sure
that
he
watches
this
because
today's
topic,
what's
going
to
start
us
off
for
the
year,
is
an
overview
of
the
responsibilities
of
the
zoning
board
of
appeals,
so
I
put
together
a
fresh
new
PowerPoint
I'm,
pretty
pumped
about
this
spent
all
day,
Monday
working
on
it
pretty
good.
Although
constructive
criticism
is
appreciated,
so
it's
okay.
A
So
let's
get
started.
The
format
of
this
presentation
is
that
I've
kind
of
interspersed
questions
throughout
the
presentation
and
after
each
question
we'll
talk
about
the
answer
and
and
why
the
answer
is
what
it
is
so
I
instead
of
an
ABCD,
all
the
questions
have
numbers
so
I'm
going
to
read
the
question,
we'll
read
the
answers
and
then
I
want
you
to
hold
up
either
one
two
three
or
four
for
the
answer:
okay,.
A
Good
right,
I
know:
I
didn't
want
to
make
tabs
again.
I
was
running
a
little
bit
behind
and
everybody
lost
them
last
time,
so
we're
doing
numbers
today.
So,
let's
start
off
with
what
is
zoning?
Is
zoning
a
land
use
tool
designed
to
help
Implement
a
municipality's,
comprehensive
plan,
laws
that
organize
how
land
may
be
used,
laws
that
govern
how
large
buildings
can
be,
how
they
are
built
and
what
they
are
used
for
or
all
of
the
above.
A
A
Growth
and
development
of
the
municipality
is
controlled
by
zoning,
which
furthers
the
objectives
of
the
comprehensive
plan.
Zoning
regulations
include
specifications
regarding
lot
size
density,
bulk
height
and
floor
area
ratio
just
to
name
a
couple
things
now.
The
comprehensive
plan
is
the
culmination
of
a
planning
process
that
establishes
the
official
land
use
policy
of
a
community
and
presents
goals
and
a
vision
for
the
future
that
guides
official
decision
making.
So
the
city
of
Beacon
updated
its
comprehensive
plan
or
master
plan
completely
in
2007
and
then
adopted
a
comprehensive
Plan
update
in
2017..
A
You
want
to
do
this
about
every
10
years.
Some
municipalities
do
it
shorter
and
maybe
every
five
some
municipalities
haven't
looked
at
their
comprehensive
plan
in
like
five
years,
but
this
is
your
plan
for
the
future,
and
things
come
up
that
require
the
comprehensive
plan
to
be
updated
to
change,
to
reflect
the
goals
of
the
municipality.
Now
our
goals
might
focus
more
on
electrification
of
buildings
back
in
2007.
That
definitely
wasn't
a
thing
that
would
come
up.
A
So
2017
will
probably
look
at
this
again,
maybe
2027.
So,
like
I
said
every
10
years
now.
Zoning
has
three
components:
it
regulates
the
uses
allowed
in
each
district,
for
example,
districts
might
be
divided
into
their
simplest
form
as
residential
commercial
light,
industrial
and
heavy
industrial
with
specific
uses
permitted
in
one
or
more
districts
or
some
combination
of
uses.
Zoning
regulates
how
intensely
uses
may
be
developed
by
setting
minimum
and
or
maximum
lot
sizes.
A
Aka
regulating
density
and
restricting
the
number
of
residential
office
or
other
units
allowed
in
buildings
within
zoning
districts
density
can
also
be
regulated
by
establishing
setback
requirements
or
minimum
lot
sizes.
Things
like
that,
and
then
zoning
regulates
where
on
a
parcel,
primary
and
accessory
structures
can
be
built
again
through
setbacks,
height
limitations,
limitations
on
buildings
in
certain
areas,
such
as
floodplains
or
steep
slopes.
A
A
You
guys
are
great.
That
is
the
correct
answer,
so
general
city
law,
which
is
a
state
statute,
section
81b,
establishes
Zoning
Board
of
Appeals.
A
Now,
that's
really
interesting,
because
that
section,
unlike
planning
boards
and
unlike
maybe
your
Architectural
Review
boards,
the
state
law,
says
that
every
municipality
with
a
zoning
code
has
to
have
a
zoning
board
of
appeals.
It
is
not
a
recommendation,
it's
not
a
May,
it's
a
shall
you
have
to
have
it
and
that's
an
81b
and
then
our
city
code,
section
2,
I,
think
2.5
55
also
kind
of
reiterates.
What's
in
the
general
city
law
and
sets
forth
the
you
know,
use
variance
standards.
What
the
jurisdiction
of
the
zoning
board
of
appeals
is.
A
So
the
authority
does
not
come
from
the
city
code,
our
city
code,
mimics.
What
is
in
the
state
law
the
role
of
the
zoning
board
of
appeals?
First
and
foremost,
you
guys
are
a
public
body
and
we've
talked
about
this
many
times
and
what
that
means
I
mean
you
are
subject
to
the
open
meetings
law.
All
your
discussions
about
applications
have
to
be
made
in
public
or
all
your
discussions
about
City
business
at
all
have
to
be
made
in
public.
You
have
to
have
your
meeting
minutes.
A
Your
decisions
have
to
be
made
available
to
the
public
and
filed
with
the
clerk.
All
that
good
stuff,
like
I,
said
before
every
municipality
with
zoning
has
to
have
a
zoning
Board
of
Appeals.
You
guys
act
as
the
safety
valve.
You
keep
the
zoning
restrictions
from
being
overly
rigid.
There
has
to
be
some
flexibility
to
accommodate
for
unique
circumstances
right.
You
exist
primarily
for
your
appellate
function.
You
act
as
a
buffer
for
aggrieved
applicants
between
decisions
of
the
zoning
enforcement
officer
or
the
building
inspector
and
the
state
supreme
court.
A
So,
instead
of
suing
the
city
for
everything,
a
lot
of
those
issues
can
come
to
the
zoning
board
of
appeals
for
discussion,
and
the
state
requires
that
you
do
at
least
four
hours
of
training.
So
that's
why
we
have
these
training
sessions
before
every
meeting
so
that
you
satisfy
those
requirements,
and
we've
talked
about
that
training
before
you
are
free
to
do
more
training.
A
Those
hours
can
carry
over.
If
you
do
two,
you
know
more
than
the
four.
If
you
find
an
interesting
program,
feel
free
to
share
with
all
of
us,
and
you
can
do
training
that
way.
But
we've
talked
about
that
plenty
of
time.
So
I
don't
abort
you
too
much,
but
any
training
questions
always
just
shoot
me
an
email,
and
we
can
talk
about
that.
B
A
Okay,
that's
the
right
answer.
So
what
is
it
for?
We?
We
regularly
do
use
in
area
variances
everybody
got
that
part
right.
What
is
not,
what
is
not
an
an
always
requirement
are
site
plan
and
special
use
permits.
Municipalities
are
free
to
give
the
zoning
board
more
Authority
if
they
so
choose.
But
what
is
mandated
in
general
city
law
is
that
a
zoning
board
exists
to
review
interpretations
and
to
review
variances.
You
are
not
there.
You
do
not
exist
under
general
city
law
for
site
plan
review
or
special
use
permit.
A
So
this
one
was
a
little
tricky.
That's
not
to
say
you,
the
city
can't
Grant
you,
those
that
review
Authority.
But
the
question
is
what
what
functions
must
the
zba
always
perform?
And
you
are
always
responsible
for
interpretations
of
zoning
and
the
rulings
of
zoning
enforcement
officers
and
use
in
area
variances.
D
E
A
It
is
the
building
inspector
in
the
city
of
Beacon,
some
in
some
municipalities.
They
go
by
the
code
enforcement
officer,
sometimes
there's
a
zoning
enforcement
officer
under
different
title,
but
in
Beacon
we
just
have
the
building
inspector
and
the
deputy
building
inspector
and
they
fulfill
those
roles.
A
So
I'll
try
and
change
up
what
what
phraseology
I'm
using
all
right.
Another
question
to
appear
in
front
of
the
zoning
board
of
appeals
and
individual
needs
to
have
the
zoning
enforcement
officer
deny
them
a
permit
to
have
the
zoning
enforcement
officer
cite
them
with
a
violation
to
apply
directly
to
the
zba
for
an
area
variance
in
connection
with
an
application
for
a
site
plan,
special
use,
permit
or
subdivision
plot
or
any
of
the
above
to
have
occurred.
A
Okay,
so
the
answer
is
any
of
the
above.
The
main
route
for
the
zoning
board
of
appeals
is
through
the
building
inspector
you're,
going
to
be
the
one
that
gets
you
to
the
Zoning
Board
of
Appeals.
The
thing
you
can't
do
is
just
apply
to
the
zba
without
having
interacted
with
the
building
inspector.
In
some
way,
you
need
to
submit
some
sort
of
application
to
the
building
department
to
get
here.
Nobody
has
a
right
just
to
come
directly
to
the
zoning
board
of
appeals.
F
A
So
it
could
be
for
a
permit
granted
a
permit
denied
a
decision
on
how
to
apply
the
zoning
regulations
or
the
issuance
of
a
citation
or
some
other
enforcement
action.
That
would
then
get
you
here.
A
The
state
statutes
do
authorize
the
zba
to
hear
a
direct
appeal
when
an
applicant
is
submitting
an
application
for
a
site
plan,
special
use,
permit
or
subdivision
review,
and
you
need
an
area
of
variance
application
but
again
you're
submitting
an
application
to
the
building
department.
First,
they
review
it
and
determine
that
you
need
a
variance
and
then
then
you
come
well.
Then
you
go
to
the
planning
board.
Then
you
come
here
so
again,
there's
no
direct
Pathway
to
the
zoning
board
of.
F
A
A
All
right
so
other
potential
applicants
to
the
zoning
board.
Like
we
cut,
we
talked
about
a
an
applicant
for
a
land
use
approval
or
a
permit,
or
a
person
cited
with
a
zoning
violation,
a
neighbor
or
other
third
party
who
stands
to
be
harmed
by
the
decision
of
the
zoning
enforcement
officer.
So
again,
in
this
case,
the
building
inspector
issues
a
permit
and
the
the
neighbor
feels
that
they're
going
to
be
injured
in
some
way
and
they
can
make
that
appeal
to
the
zba.
A
A
So
you
can
file
an
appeal
of
the
building
inspector's
determination
within
60
days
after
the
building
inspector
files,
the
decision
in
his
or
her
office,
the
category
of
appellants,
has
60
days
from
the
date
they
obtain
or
should
have
obtained
knowledge
of
the
zoning
in
at
the
building
inspector's
decision
to
file
their
their
appeal.
That
time
frame
is
in
the
city
code.
That's
60
days.
A
You
can
appeal
any
decision
from
the
building
inspector
or
any
other
department
board
or
I.
Don't
we
don't
have
any
bureaus,
but
any
department
or
Board
of
the
city
and
so,
for
example,
a
planning
board
member,
even
one
who
doesn't
live
anywhere
near
the
subject?
Property
could
appeal
a
decision
to
the
Zoning
Board
of
Appeals,
appealing
a
decision
of
again
any
Department
board
or
the
building
inspector.
A
A
G
A
Article
78
that
is
set
forth
in
general
city
law
that
is
set
forth
in
the
city
code,
but
you'd
appeal,
really
appeals
to
the
zoning
board
of
appeals
are
going
to
be
made
appealing
a
decision
of
the
building
inspector
yeah.
A
I'm
thinking
of
a
good
decision
of
a
historic
commission
that
might
get
filed,
you
might
be
able
to
appeal
that
decision
to
the
zoning
board
if
you're
appealing
an
interpretation
that
they
had,
you
might
also
be
able
to
one
other
correction.
Let's
say
the
planning
board
makes
an
interpretation
of
a
zoning
code
provision
and
somebody
disagrees
with
that
interpretation.
They
could
file
an
appeal
to
the
zoning
board
of
appeals
on
the
issue
of.
Did
we
don't?
We
disagree
with
this
interpretation.
A
It
would
be
an
appeal
it
would
be
an
article
78.,
so
there's
nowhere
to
go
after
the
zba,
except
to
the
Supreme
Court,
but
I
guess
in
certain
instances
like
if
and
I
did
have
a
case
where
the
planning
board
made
a
decision
and
that
decision
they
disagree.
They
filed
their
article
78,
but
they
also
sought
an
interpretation
from
the
zoning
board
of
appeals
as
well
so
I
guess.
That
would
be
an
instance
where
the
board,
the
decision
of
the
board,
would
go
to
the
CBA.
So
it's
very
specific.
A
A
Oh,
these
are
great
questions
because
sometimes
I'm
putting
this
together
and
I'm,
not
I'm
like
okay
yeah.
This
reading
it
on
paper
makes
sense,
but
you
have
to
think
practically.
How
is
this
going
to
work
in
Beacon?
You
know
all
right.
So
actually,
that's
that
was
a
good
transition
into
interpretations
of
the
zoning
code.
A
So
an
application
May
apply.
An
applicant
May
apply
to
the
zoning
board
of
appeals
for
interpretations
of
the
zoning
code,
so
an
interpretation
when
he
or
she
believes
the
building
inspector
has
wrongly
interpreted
the
zoning
regulations
when
they
believe
they
want
to
seek
an
interpretation
about
what
the
correct
method
is
for
measuring
required
distances.
Do
they
measure
it
from
the
door?
Do
they
measure
it
from
the
property
line,
which
is
correct?
Only
the
zoning
board
can
answer
that.
A
Ultimately,
they
might
come
to
the
zoning
board
with
questions
about
a
definition
of
a
term
and
whether
or
not
it
describes
a
use
allowed
in
a
particular
zoning
district.
Is
this
flower
shop,
retail
use
or
some
other
type
we
use?
A
So,
although
those
are
like
the
standard
questions
for
interpretation,
that
could
come
before
the
zoning
board
of
appeals-
and
we
don't
get
a
lot
of
those
questions,
but
it's
important
to
know
that
we
one
that
we
can
and
to
what
questions
we
might
look
at
and
then
what
the
standard
is
applicant
applicants
for
interpretations
most
often
believe
their
proposals
are
permitted
by
zoning.
Right,
like
everybody
thinks
they're
right
and
although
the
building
inspector
has
ruled
otherwise
they
might
disagree
with
that
ruling
and
that's
what
brings
them
to
the
zoning
Board
of
Appeals.
A
In
addition,
neighboring
Property
Owners
may
also
appeal
for
interpretations
when
they
disagree
with
the
building
inspector's
determination
that
a
proposal
does
comply,
does
comply
with
zoning
and
qualifies
for
a
building
permit.
So,
for
example,
The
Zone
local
zoning
regulations
in
the
village
of
Owen
require
that
adult
uses
be
located
at
least
500
feet
from
places
of
worship.
The
building
inspector
interprets
the
law
to
mean
measurements
are
taken
from
the
property
line
of
the
place
of
worship
to
the
closest
property
line
of
the
lot
and
which
building
proposed
for
the
adult
use
is
located.
A
E
A
I,
don't
don't
use
this
man
so
when
these
interpretations
come
before
the
board,
what
happens
so
the
zoning
board
bases
its
interpretations
on
four
General
types
of
information.
The
first
is
past
decisions,
the
zba,
the
past
decisions
that
the
zba
has
made
on
similar
matters.
How
have
you
ruled
on
prior
applications
or
on
prior
questions
of
of
interpretation
on
this
particular
issue?
The
current
interpretation
applied
in
the
case
at
hand
should
be
similar
to
what
you've
done
in
the
past
unless
new
information
or
new
policies
have
been
established.
A
The
second
type
of
information
is
records
of
a
governing
board's
discussions
when
adopting
the
zoning
regulations
so
minutes
and
recorded
comments
for
meanings
or
hearings
at
which
the
zoning
regulations
were
discussed
by
the
city
council
might
reveal
to
the
zba
what
was
intended
when
the
provision
up
for
interpretation
was
adopted
and
discussed.
So,
for
example,
in
interpreting
the
definition
of
restaurant
versus
nightclub
minutes
of
past
City,
Council
meetings
could
have
included
concerns
about
proliferation
of
night,
nightclubs,
downtown
or
issues
about
traffic
or
lighting,
and
all
those
would
help
the
city.
A
The
zoning
board
make
a
determination.
Noise
could
be
something
that
comes
up
minutes
of
meetings
at
which
the
comprehensive
plan
was
considered,
may
also
capture
a
discussion
that
separates
commercial
uses
that
that
a
separate
commercial
District
should
be
created
to
keep
establishment
whose
primary
business
is
serving
alcohol
and
providing
live,
music
and
entertainment
off
Main,
Street,
so
you're,
looking
at
meeting
minutes
related
to
adoption
of
the
city
code,
meaning
that
it's
pertaining
to
things
in
the
comprehensive
plan
all
to
give
a
little
bit
more
insight
about
what
the
intent
was.
A
A
A
Finally,
with
no
other
guidance,
a
board
May
accept
testimony
and
use
discussions
of
the
zoning
board
to
arrive
at
a
common
sense
interpretation.
At
the
end
of
the
day,
you
have
to
take
a
common
sense
approach.
What
makes
sense,
what's
going
to
serve
the
community
and
achieve
the
goals
that
are
set
forth
in
the
comprehensive
plan
and
the
city
code.
Now,
ultimately,
when
you
receive
an
inter
a
request
for
an
interpretation,
you
look
at
it
and
make
a
determination
that
you
believe
ought
to
have
been
made
in
the
first
place.
A
That's
the
standard,
and
you
use
these
four
categories
to
make
that
decision,
and
you
can
look
at
why
what
may
have
influenced
the
building
inspector's
determination.
But
at
the
end
of
the
day,
it
is
the
zoning
board's
interpretation.
So
you
need
to
make
sure
that
it
is
supported
and
we'd
always
have
to
include
as
we
as
we
always
discuss
a
substantial
record
documenting
the
reasons
for
the
ultimate
decision
and
I.
Think
if
we
have
a
request
for
an
interpretation.
We'd
obviously
go
through
these
standards
again
and
talk
about
this
in
a
little
more
detail.
A
Oh,
my
God,
it's
just
not
enough
time
all
right
next
question.
How
many
parts
of
the
five-part
area
variance
test
must
an
appeal
pass
to
receive
an
area
of
variance?
Is
it
all
five
a
majority?
It's
not
a
matter
of
passing
the
test.
It's
whether
the
factors
when
considered
together
show
a
greater
benefit
to
the
applicant
of
the
area.
Variance
is
granted
than
a
burden
to
the
community,
or
the
municipal
board
establishes
that
number.
A
So
this
is
the
five
part
area
variance
test,
and
we
refer
to
that
as
our
balancing
test
right,
you
don't
need
to
prove
that
yeah.
You
don't
need
to
demonstrate
that
you
meet
three
out
of
the
five
you
could
just
meet
one,
but
if
that
one
is
in
support
and
the
balance
outweighs
the
benefit
outweighs
any
potential
negative,
then
you're
going
to
Grant
the
variance
right.
So
the
answer
for
this
one
is
three,
because
it's
not
a
matter
of
passing.
A
D
D
B
D
A
A
I
have
one
more
time.
No
well
I
have
one
more
question,
because
I
know
we're
just
out,
but
I
I,
think
to
kind
of
before
we
lead
in.
This
will
be
like
the
Cliffhanger.
Although
I'll
give
I'll
give
you
the
answer,
although
I
think
you
guys
know
which
is
not
a
factor
in
the
area
of
variance
test,
is
it
whether
an
undesirable
change
would
be
produced
in
the
character
of
a
of
the
neighborhood
or
a
detriment
to
nearby
properties?
A
Oh
boy,
guys,
no,
no,
no,
no
Jordan
got
it
right,
oh
and
and
I'm
sorry,
mantos
got
it
right,
I'm,
so
sorry,
mantis
Jordan's
hand
was
blocking
blocking
your
hand
at
first,
my
apologies,
so
the
alleged
hardship
relating
to
the
property.
It
doesn't
matter
whether
or
not
it's
Unique.
That
is
not
a
standard
in
the
area.
Variance
test,
one
two
three
and
five
are.
But
there
is
one
missing
which
bonus
question,
which
factor
is
missing.
You
need
to
get
the.
A
B
Yes,
it's
got
me
convinced,
I've
been
sitting
next
to
him.
A
So
that
brings
us
to
7
30.
so
next
week,
we'll
pick
up
right
on
this
slide.
Maybe
we'll
run
through
these
two
questions
again
and
go
back
into
the
area,
variant
standards
and
the
rest
of
our
responsibilities.
But
before
we
move
on
any
questions
about
what
we
talked
about
so
far,
all
right
cool
do.
We
have
to
go
to.
B
E
A
E
All
right,
I
have
a
new
intro
to
read.
Thank
you
drew
for
coming
up
with
this
good
evening
and
welcome
to
the
January
18th
meeting
of
the
zoning
board
of
appeals,
and
my
name
is
Jordan
haug
and
I
am
the
new
chairman
of
the
board
hello
public
joining
us
tonight?
Are
my
fellow
board
members
and
we're
also
joined
by
some
of
our
Consultants,
are
one
anyway,
our
City
attorney,
Drew
and,
of
course,
the
zoning
board
secretary
Amanda.
Thank
you
for
being
here.
Amanda.
E
The
building
inspector
normally
joins
us,
but
he
is
not
here.
The
application
materials
that
will
be
discussed
tonight,
including
any
proposed
resolutions
or
other
documents,
will
be
available
on
the
city's
website.
Also
on
the
city's
website
is
a
link
to
the
rules
of
procedures
of
the
zoning
board
of
appeals.
Before
we
begin
the
meeting
I
just
want
to
take
a
few
minutes
to
explain
our
board's
procedures.
E
Today
we
have
two
items
on
the
agenda:
one
actual
application
and
then
a
request
for
an
extension.
Normally,
if
there
were
more,
we
would
hear
them
in
the
order.
It
was
noticed
on
the
agenda
we'll
hear
from
the
applicant
and
then
the
board
will
open
the
floor
to
comments
from
the
public.
If
you
wish
to
comment,
please
step
forward
to
the
podium
when
called
upon
clearly
state
your
name
and
address
for
the
record.
E
All
comments
should
be
directed
towards
the
board,
not
not
the
applicant
or
any
of
the
city
staff
or
any
other
member
of
the
public.
I.
Don't
think
we'll
have
to
worry
about
this,
but
please
limit
your
comments
to
no
longer
than
five
minutes,
and
please
refrain
from
repeating
comments,
although
typically
that's
typically
fine
while
emails
and
other
written
correspondence
will
be
sent
that
has
been
sent
to
the
zoning
board
secretary
will
may
be
made
part
of
the
official
record
of
the
application.
E
The
voting
board
of
appeals
hears
and
determines,
as
as
we
just
learned,
administrative
decisions,
petitions
for
variances
and
other
matters
as
may
be
required
by
the
city
council
or
the
laws
of
the
state
of
New
York.
E
Our
final
decision
on
any
variants
must
be
based
on
the
evaluation
of
the
applicable
statutory
factors
set
forth
in
the
general
city,
law
and
city
code
for
an
air
for,
for
example,
we
just
we
just
went
through
them,
but
I'll
read
them
again,
because
this
is
the
type
of
variance
that
we're
going
to
be
hearing
this
evening
for
an
area
variance.
We
must
perform
balancing
tests
to
weigh
the
benefits
of
the
required
variants
to
the
applicant
against
the
five
Factor
set
forth
in
the
statute.
E
So
it's
important
I
think
when
you
are
a
member
of
the
public,
and
you
are
speaking
that
you
should
try
to
speak
to
these
one
of
these
five
factors
in
your
argument
towards
either
supporting
or
not
supporting
the
variants
and
those
five
factors
are
well
an
undesirable
change,
be
produced
in
the
character
of
the
neighborhood
or
a
detriment
to
nearby
properties
be
created
by
the
granting
of
the
area
variants.
Will
the
proposed
action
compromise
the
character
of
the
neighborhood
too?
E
Can
the
benefit
be
sought
by
the
applicant,
be
achieved
by
some
other
method
feasible
for
the
applicant
to
pursue
other
than
the
area
variants?
For
example,
can
a
proposed
Edition
be
constructed
in
a
different
location
on
the
property,
where
the
variance
would
not
be
needed?
The
applicant
would
should
at
least
explore
the
possibility
of
variance
Alternatives
and
explain
why
they
may
or
may
not
be
feasible.
E
Number
three
is
the
requested
variance
substantial
number
four:
will
the
proposed
variants
have
an
adverse
effect
or
impact
on
the
physical
or
environmental
condition
in
the
neighborhood
or
district
and
five?
My
favorite
is
the
alleged
difficulty
self-created.
Those
are
the
five
factors
we
must
consider
in
a
balancing
test
if
we
I'll
go
through
the
use
variants,
if
we
have
a
serious
application
and
every
decision
must
also
be
supported
by
evidence
in
the
record.
Thank
you
can
I
have
a
motion
to
open
the
meeting.
Can
I
have
a
second.
E
Favor,
all
right
great
can
I
have
a
motion
to
hear
agenda
item
number
one.
C
H
Hey
everyone
I'm
Lee,
kiriaku
I,
am
the
mayor
I'm,
not
here
as
an
individual
tonight,
I
have
occasionally
appeared
in
front
of
you.
The
planning
board
of
the
zoning
board
as
an
individual,
but
I'm
really
here
as
an
as
the
elected
leader
of
the
city
and
I,
just
have
three
things
to
say:
one
and
I
did
this
with
the
planning
board
actually
Jordan.
You
heard
this
and
as
to
a
couple
of
others,
oh
yeah,
you
were
there
too
right.
H
One
is
just
thank
you
so
much
and
that
your
service
is
all
volunteer.
It's
incredibly
important
and
I'm.
Just
ever
grateful
and
I'm
glad
you're
here,
I
wanted
to
welcome
your
new
member.
He's
decided
to
get
ill
instead,
but
that's
okay
and
I
also
want
to
welcome
Jordan
in
the
the
chair
role.
Don't
they
give
you
a
gavel.
H
Took
it
away
from
me
yeah,
so
that's
the
first
one,
because
it's
just
that
I'm
very
appreciative
of
that
you
know
the
second
one
is
just
I
want
to
thank
the
supporting
staff
and
I
want
to
ask
them
to
help
the
volunteers
on
the
board.
H
Whenever
you
can-
and
you
know
this
isn't
a
terribly
fractious
meeting
tonight
from
what
I
can
tell,
but
sometimes
they
are,
and
you
know,
the
planning
board
has
to
take
Flack,
sometimes,
and-
and
so
do
you
sometimes
usually
that's
reserved
for
the
council
and
I've
discovered
in
particular
in
the
seat.
I'm
in
I
get
a
lot
of
flack
and
you
know,
comes
with
the
territory
but
you're.
H
Also
volunteers
and
I
I
would
just
appreciate
the
the
professional
and
supporting
staff
to
kind
of
help
them
when
there
is
difficult
times
to
help
them
navigate
through
it.
The
third
one
is
just
that
when
the
Public's
here
you
know,
our
job
is
to
listen.
I
know
that's
very
important
to
you
all
and
you
know
I
hope
their
job
is
to
speak
what
they
feel
respectfully
and
you
know.
Sometimes
it
gets
hard
and
you
just
gotta
sit
up
there
and
and
hear
it
I
get
to
do
that.
H
A
lot
and
but
I
you
know,
chose
the
seat,
I'm,
not
just
a
volunteer,
and
you
all
are
so
I
I
was
very
pleased
to
sit
through
the
training.
I
didn't
get
everything
right.
It
reminded
me:
I
I
still
am
learning
stuff.
H
H
You
know
the
the
accounts
also
approves
a
comprehensive
plan.
The
community
helps
put
it
together
that
sits
for
10
years.
Then
the
council
does
zoning
and
then
the
planning
board,
you
know,
gets
the
job
of
figuring
out
the
site
plans
and
how
it
applies,
and
people
think
that
the
planning
board
can
just
do
whatever
they
want
and
it's
hard
and
getting
them
to
understand
what
are
the
limitations
and
what
are
the
ways
to
speak
effectively
as
a
community
member
on
something
that
affects
you
is
is
important.
H
You
know,
I
recently
talked
to
someone
who's
been
coming
to
planning
board
a
lot
on
a
local
issue
and
I
tried
to
give
them
here's
what
the
zoning
is
in
the
area
here
are
the
ways
to
kind
of
ask
and
make
arguments
with
respect
to
planning.
Similarly,
you
discussed
Jordan
how
one
makes
the
right
arguments
that
affect
your
determinations
for
an
area
of
variance
and
I.
H
You
know
this
board
the
planning
board
and,
and
also
the
board
of
assessment
review,
are
three
particular
boards,
where
it's
important
that
we
have
people
who
listen
people
who
understand
the
criteria
with
which
you're
being
asked
to
make
decisions,
and
then
who
can
do
so
objectively
and
you
know
I
come
from
a
professional
background.
H
You
know,
I
do
have
a
full-time
job
still
besides
being
part-time,
mayor
and
I,
think
that
we
serve
our
community
better
by
being
as
by
the
book,
as
opposed
to
who
we
know
in
terms
of
what
we
get
done
and
I
just
think.
This
particular
group
has
kind
of
kind
of
crossed
that
threshold,
the
you
know
and
I
know
it
made
sense.
H
You
know,
maybe
30
years
ago,
when
we
were
more
of
in
you,
know,
kind
of
a
compact
and
insular
Community
to
kind
of
say
who
do
we
know
and
does
that
help
us
figure
out
decisions,
but
we're
so
diverse
right
now
and
so
many
new
people
that
I
think
the
way
you
do
it
is
the
absolute
right
way
and
you
do
our
community
the
best
service
by
doing
it.
That
way
so
again,
thank
you.
So
much
and
I
appreciate
the
opportunity
to
speak.
So
thank.
H
E
E
E
So
we
are
being
recorded
so
either
you
speak
into
the
microphone
or
I.
Don't
know.
If
we
have,
we
don't
have
the
hand.
I
That's
fine
this
weekend,
though
okay
yeah
sure
so
Jason,
let's
make
a
JL
architecture
I'm
here
to
represent
house
advancements
LLC
and
we're
here
to
seek
an
area
of
variance,
and
the
main
purpose
for
here
is
because
the
property
is
a
pre-existing
non-conforming
lot
we
don't
meet
the
set.
The
existing
house
does
not
meet
the
setback,
limits
on
the
side,
nor
the
front
I
believe
and
the
owner
is
basically
what
we
want
to
do
is
on
the
second
floor
of
the
existing
house.
I
The
main
bedrooms
on
the
second
floor
are
very
convoluted:
they're,
they're,
tiny,
they're,
very
small
and
they're
kind
of
inter
connected,
and
so
what
the
owner
wanted
to
do
is
one
raise
the
height.
So
we
can
get
an
actual
eight
foot
ceiling
height
up
there
and
kind
of
reconfigure
that
space
so
and
as
we
were
looking
at
the
spaces
and
realizing
there's
not
a
whole
lot
of
room
up
here
to
make.
I
F
I
To
add
to
the
second
floor,
a
two
bedrooms
and
a
new
master
bedroom
and
two
new
bathrooms
to
that
floor.
We're
keeping
that
addition
that
we're
adding
within
the
existing
footprint
of
the
home
so
we're
not
exceeding
the
we're
not
going
past
the
existing
footprint
into
that
setback,
limit
being
very
conscious
of
the
pre-existing
non-conformity
and
even
in
the
height,
by
raising
that
roofline,
we're
still
under
what
the
required
height
limit
is
for
the
zoning
requirements.
I
D
D
I
So
I
don't
know
if
this
will
still
pick
me
up,
but
right
now
the
existing
house
is
a
one
and
a
half
story
at
29
feet
and
by
raising
that
roof
height,
which
we're
proposing
we're
still
at
31
feet
and
35
is
what's
required.
So
we're
still
staying
within
the
required
height
limit
and,
like
I,
said
before
we're
not
going
to
be
extending
past
the
side
yard
we're
keeping
everything
within
that
existing
footprint.
E
One
question
I
had,
or
we
had
in
the
in
the
pre-meeting
meeting
was:
can
you
God
explain
the
the
distinguish
between
the
property
line
by
possession
on
the
survey
and
the
deedline.
E
Sure
so,
if
you
look
at
the
top
the
Top
Line
right
so
there's
the
the
dark
line
which
generally
in
a
survey,
indicates
the
property
line,
is
the
property
line
by
possession
and
then
inside
of
that
line,
there's
a
dotted
line,
saying
deed
line.
So
I
guess.
My
question
is:
what
is
the
explanation
for
that?
Is
there?
Is
there
some
type
of
claim
of
adverse
possession?
That
is
extending
the
the
property
ownership
out
to
the
to
the
the
dark
line?
Do.
I
I
E
I
H
E
So
there
was,
there
was
some
discussion
between
the
building
inspector
Drew
and
myself
about
what
what
that
was,
and
Drew
and
I
hypothesized
that
that
might
be
an
adverse
possession
claim,
and
we
had
hoped
that
the
applicant
might
know,
but
the
applicant
is
not
here.
Obviously
his
representation
is
not
an
attorney.
I,
don't
know
Drew.
If
we
got
any
further
than
our
hypothesis.
E
A
I
think
I
think
we
were.
You
know
as
as
attorneys
to
do
land
use
things
intrigued
by
the
idea
of
the
adverse
possession.
We
don't
see
it,
and
it
was
very
interesting
because
they
have
this
new
deed,
but
I'm
also
not
an
expert
in
reading
the
deed
line.
So
it
was
just
interesting
why
there
were
two
lines
on
the
property,
especially
because
the
what
was
interesting
about
it
is
the
existing
house
is
shown
to
go
over
the
deed
line
right,
but
not
go
over
the
property
line
at
the
end
of
the
day.
A
That
doesn't
make
a
difference
for
the
board's
decision,
because
they're
staying
within
the
footprint,
they
are
not
going
any
more
over
that
deem
line
they're
not
going
over
the
property
line.
If
there
ever
becomes
an
issue,
then
it's
an
issue
between
property
owners
and
the
city
is
not
involved
in
that.
A
So
it
was
more
just
a
curiosity
question,
but
in
this
case,
because
they
are
within
the
existing
footprint,
it
does
not
raise
any
concerns
for
this
board.
If
that
makes
sense,.
E
Well
so
again,
based
on
our
hypothesis
that
it
could
be
an
adverse
possession
claim,
the
idea
would
be
that
at
some
point
the
property
line
was
the
Deep
line.
However,
then
the
this
particular
building
or
or
this
particular
property
was
used
up
to
what
is
the
property
line
by
possession
for
an
amount
of
years
greater
than
10,
open
and
notoriously,
and
so,
if
that
occurs,
then
it's
theirs
by
law,
but
and
so
I
don't
know
if
that
is
what
occurred
here,
but.
D
B
E
D
D
A
A
B
A
E
Making
it
look
12
taller,
but
yes,
area,
larger,
yes,
but
not
side
to
side,
larger,
correct,
correct.
A
So
the
existing
side,
yard
setback
is
1.25
feet
and
the
required
is
10
feet.
E
Many
times,
yeah
and
and
just
to
confirm,
as
I
believe,
was
stated
and
stated
in
the
papers.
It
still
meets
what
would
be
the
height
regulation
in
that
zone
right.
B
So
it's
within
that
and
it's
not
for
a
different
use.
So
it's
not
a
use
value.
A
F
A
Understand
and
just
for
the
board's
knowledge,
I
looked
it
up
on
the
parcel
card.
It
says
that
the
house
was
built
in
the
year
1900.
Yes,.
E
E
D
E
Have
it
okay
yep,
so
this
was
an
email
by
the
zoning
board
secretary
from
Naomi
Canon.
Sorry,
if
I
mispronounced,
that
c-a-n-a-a-n
of
123
East
Main
Street
to
the
to
the
planning
board
zoning
board,
I
would
like
to
support
the
applicant's
intention
to
construct
the
Second
Story
on
12
Eliza
Street,
as
long
as
the
building
as
a
whole,
when
completed,
looks
integrated
as
though
the
entire
structure
were
built
at
the
same
time.
E
Thank
you,
Naomi
is
that
the
only
email
we
received
all
right
at
this
point
I
will
ask
for
a
motion
to
close
the
public
hearing
item
number
one
motion.
D
C
C
E
Aye
all
right
and.
E
D
F
E
Oh,
we
can
just
like
you
know,
wing.
F
B
E
All
right,
so,
as
always,
we
are
going
to
go
through
the
five
factors.
G
E
Practice
Drew
will
write
in
our
discussion
as
to
so
can
we
have
some
discussion
as
to
the
first
factor,
which
is
as
to
whether
an
undesirable
change
will
be
produced
and
the
character
of
the
neighborhood
or
detriment
to
nearby
properties
will
or
will
not
be
granted
created
by
granting
the
area
variants.
E
I
agree:
I
think
you
know
that
that
particular
area
is
kind
of
on
top
of
one
another.
I,
don't
think
that
this
will
create
an
undesirable
change.
It
probably
will
be
a
desirable
change
to
the
character
of
the
neighborhood
as
to
whether
the
benefit
the
applicant
seeks
can
be
achieved
through
another
method
feasible
to
the
applicant.
C
E
I
think
again,
it
is
in
the
existing
footprint.
I.
Think
mathematically.
You
know
if
if
there
was
a
variance,
if
the
setback
was
not
existent
now
than
it
would
be,
but
it
it
is
not
it's
it's
just
a
raising
height,
wise
I.
A
B
B
C
E
No
I
think
I
think
that
the
proposed
variants
will
have
a
positive
impact,
not
an
adverse
impact
to
the
the
physical
or
well.
I
can't
speak
to
the
environmental
conditions,
but
the
physical
conditions
of
that
neighborhood
will
will
improve.
Based
on
the
plans
that
I've
seen
and
then,
of
course,
as
to
whether
the
alleged
difficulty
is
self-created.
C
D
B
F
G
B
To
change
it,
we've
given
Common
Sense,
my
common
sense
anyway,
you
know
to
me
it
does
not
it.
It
seems.
Yes,
it's
self-created,
but.
E
B
Is
that
is
that
yeah.
E
The
owner
would
have
been
aware
of
the
restrictions
by
the.
F
E
Code
when
they
purchase
the
property,
if
it
would
not
be
self-created
if
the
same
owner
owned
the
property
and
then
the
zoning
law
was
passed,
that
would
be
an
example
of
it
not
being
self-created
right
there.
We
go
very
good
and
then,
of
course,
the
the
final,
not
a
factor,
but
is
this
the
does
the
board
feel
that
this
is
the
minimum
variance
necessary
and
adequate
to
preserve
and
protect
the
character
of
the
neighborhood
and
the
health,
safety
and
Welfare
of
the
community.
C
E
D
B
E
And
then,
prior
to
our
vote,
I
just
want
to
ask
the
representation
of
the
applicant
if
they
can
comply
with
our
normal
restrictions.
Again,
I
assume
your
client
will
have
no
problem,
paying
any
fees
to
the
city,
correct,
correct
and
then,
where
are
we
at?
Is
this
under
two.
I
We
we,
we
first
dealt
with
Dave
Buckley
and
he
left
and
we've
been
in
Communications
with
Bruce
flowers,
and
he
says
the
drawings
are
good.
We
just
had
to
go
through
the.
E
Process
process
because
it
was
a
non-conforming
lot.
Okay,
thank
you.
Can
I
get
a
motion
one
way
or
the
other
motion
to
approve.
C
E
C
E
I
will
also
vote
I,
so
you
have
a
granted
variance
4-0.
Congratulations
to
your
client.
A
Yeah
so
Jordan,
what's
going
to
happen,
is
tonight
I'm
going
to
send
you
the
final
version
of
the
resolution
based
on
your
evaluation
of
the
five
factors?
Look
it
over
add
your
electronic
signature.
I
know
Dave
always
signed
it
in
person.
That's
not
necessary
they're,
a
little
electronic
signature
on
it
and
even
if
you're
good
with
it.
E
And
surprise:
I
must
recuse
myself
for
the
miscellaneous
business
and
montos.
You
are
the
I'm
going
to
appoint
you
the.
What
is
it
the
the.
E
Acting
chair
is
the
vice
chair,
acting
chair,
you're,
going
to
be
the
acting
chair,
but
I
must
refuse
myself
because
Cuddy
and
Federer
is
representing
me
on
a
project
on
front
of
the
planning
board
so
bye
for
now.
Oh.
A
They
are
here
to
request
an
extension,
and
so
Taylor
is
here
to
give
an
update
about
where
they
are
in
the
process,
and
this
is
for
the
Elijah
Street
project
that
received
the
area
and
use
variants.
So
thank
you
get.
G
And
so,
as
as
Drew
mentioned,
we
are
before
you
tonight
for
just
extension:
requests
for
the
existing
approvals
for
53
Eliza
Street.
As
your
recall,
that
was
used
as
Drew
mentioned,
it
was
a
use
variance
in
area
variances
for
three
new
buildings.
There,
you've
all
likely
driven
by
Eliza
Street
in
the
last
so
long.
The
buildings
are
all
constructed.
They're
all
done.
The
resolutions
include
a
specific
condition
that
says
within
it's.
G
It
mirrors
the
the
conditions
in
a
building
permit,
so
in
a
building
permit's
issued,
it
must
be
constructed
within
two
years
or
they
have
to
go
back.
So
this
is
sort
of
like
a
double
dip.
We
have
to
come
back
to
you
seeking
an
extension
of
the
area,
variance
approval
because
we
have
not
finished
the
buildings,
but
they
will
be
done
within
the
next
eight
to
ten
months.
G
That's
all
the
complications
related
to
the
pandemic,
everything
that
led
to
these
buildings
being
finished,
but
they're
all
constructed
and
they're
expected
to
be
done
within
the
next
eight
to
ten
months
with
every
you
know,
little
thing
with
its
Windows
finishings,
Furnishings
I.
Think
one
of
the
buildings
is
almost
entirely
complete
and
the
others
have
been
fully
constructed.
It's
just
now
finishing
the
buildings
themself,
so
we're
before
you,
because
that
condition
and
the
resolution
requires
that
the
not
substantial
construction
but
all
construction
be
completed
to
mirror
the
building
permits.
D
I
just
want
to
clarify,
isn't
it
you
have
to
have
the
certificate
of
occupancy
within
that
time
period,
not.
G
A
G
Oh
yeah,
eight
to
ten
months,
we'll
have
we'll
definitely
have
ACO.
All
three
will
be:
we've.
We've
anticipated
with
eight
to
ten
months,
that'll
give
us
more
than
sufficient
time
to
do
it.
So
we've
requested
12
months
in
case
there's
any
other
delays
to
do
that,
but
we're
it's
well
you've
all
driven
by
it's
it's
well
underway.
Okay,
thank
you.
Thank
you.
A
And
mantis,
just
to
give
you
a
little
more
history,
this
is
technically
their
third
extension
request.
It
has
been
a
very
interesting
history
with
this
project,
because
the
first
request
was
because
they
were
delayed
in
getting
their
building
permit
because
of
planning
board
conditions,
then
the
second
request
was
they
got
their
building
permit.
G
Supplies
I
mean
it
is
all
they're
all
wood
frame
construction
that
I
was
cost
everything
associated
with
it,
but
to
your
point,
I
can
share
their
they've
diligently
pursued
the
construction.
It's
all
it's
all
there.
It's
just
an
interesting
provision,
presumably
included
in
these
resolutions
to
sort
of
avert
someone
from
applying
for
a
building
permit,
getting
it
and
then
saying.
Let
me
step
back
because
then
you've
satisfied
the
condition,
this
variance
now
kind
of
runs
the
land.
Many
you
know
if
I
were
in
different
shoes.
G
We're
asking
for
the
board's
consideration
and
I,
don't
even
know
what
would
happen
if
it
wasn't
extended,
because
it's
so
far
along
as
far
as
vested
rights
and
otherwise
for
for
the
development
of
the
site.
But
again
before
you
this
evening,
we've
as
Drew
mentioned
we've
been
diligently
pursuing
it.
The
buildings
are
constructed,
we're
just
trying
to
meet
the
brightline
letter
of
the
resolutions.
Great.
B
E
Great
job
mantis,
thank
you
for
filling
in
for
me
there,
oh
thank
you
and
I
will
take
a
motion
to
adjourn
our
January
meeting
motion.
B
B
E
All
right
and
then
just
for
the
public
are
we
on.
Are
we
on
for
Wednesday
next.
A
February
is
it
President's
day
it's
going
to
be
February,
21st
is
typically
but
isn't
the
20th
holiday.