Meeting transcript
Zoning Board of Appeals - Regular Meeting & Public Hearing
January 20, 2021 · Watch on YouTube · All meetings
So we have, Jim Halsey on. We have Alan Parkinson, and I see that we also have Donna Phillips. Is is that correct? You are. Mindy. Mindy Gosling. And and Mindy. Not to leave Mindy out.
Is it okay if I speak? This is Donna Phillips.
Let me just let's see. I got the alternate. I just wanna make sure I'm doing things in the right order here. So number three, the meeting's been called to order at 07:08. Any addition to changes to the addendum? So, go ahead, Donna.
I didn't, my brother, Bill Phillips, is also, sitting with Tom Fiorentino. Oh, okay. I see he's on the
Yep. As well as my niece, Megan Phillips, who's my brother's daughter, who's currently residing at 57 Hendi.
Great. Okay. Thank you. Thank you. There's this time for public participation. Jim, is this where you would just ask if there's any additional this I'm would
Hi, how are you? This is Walt. I just made it through on your phone. Walter, how are you? Great. We definitely have a full quorum now. Thank you for joining us, Walter.
Yeah, well, I don't know why, but it didn't go too smooth punching in the phone I understand. Well, that's okay. Okay. So for public participation
You're doing the public hearing first. And the public participation would be in the regular meeting. Right? So it's my understanding. I mean, you were gonna you called the public hearing to order. Yep.
Okay. And So what's up? Okay. Typically, we would have the applicant present the application and then seek comments. Okay.
And you know, did have a conversation with with Tom, the applicant's attorney, and I indicated that a sidewalk might be requested.
Well, yes, as you and I talked about earlier this week, we thought that it may be in the best interest of this board. Again, obviously, have questions about what it means to have something built in a flood zone. I also have questions concerning, you know, what it means to have depositions of fill. So hopefully we can get some of those questions answered tonight, but I think it might be in the board's best interest, again, to your suggestion, Jim, that we have a site walk. So I'll I'll let you go ahead. And I guess at this time, the Philips can go ahead and and present their case or Alan Parkinson.
You all set for us. You want us to get started there, mister Groshers? I'm Tom Guarantino. I represent Bill Phillips, Donna Phillips on their application. Okay. And the president of the media is Andrew Bushnell, an engineer who's drawn the plans. And what we were considering today, especially after speaking to mister Halsey, was just presenting to you just a brief historical perspective and then opening the opportunity for a sidewalk. And then we can keep the meeting open until next month when we can get into the specifics after you've had the opportunity to visually see the site and get an idea as to actually what they're going to do, where the fill would go, etcetera. Great. So if that seems okay with you, I could just give you the brief historical perspective, and then you can ask questions from there. We can schedule the sidewalk if you'd like. That'd be perfect. Thank you. Okay. So from a historical perspective, Bill Phillips and his sister Donna purchased the property. There was a house, there is a residence on the lot, that residence was in a pretty state of decrepitness and disheveliness. They went in there with the intention of turning that into single family residence, primarily for use by the family. The intention is if and when this variance is granted, they would be transferring the lot to Megan who's also present today and currently living in the residence at 57 Hendee. Megan's intention is to build a single family home there where the Phillips family would essentially have a small little compound for themselves. Donna would probably be moving back to the Stonehouse
residence that's there now. With that intention, they started this process approximately a year ago trying to get the necessary permits. They were able to go to the Wetlands commission and grant and they were granted an approval from the wetlands commission. And and I do believe that the wetlands commission did walk the property and found that the walk was very helpful for them. So I think it will be just as helpful for the CBA. But from that perspective, that's the intention of the family just to have two standalone single family residential homes for use by family members only. Andrew Bushnell has worked the property, walked the property, and he's got some engineering information with him now. We submitted a plan with our application. If you have specific questions now, we can try to answer some of those, but I would think that possibly your questions may arise after doing the walkthrough.
So just, I guess, I'm not sure if it's a question or a comment when you say that the property would only be used by family members, obviously, at any time the property could be sold.
Yeah, it could be sold, but it's their It's such a unique piece of property that they'd like to keep it in the family for as long as they can.
So I guess my second question is, is is this a division of the property to create two separate lots, or is it two dwellings on one piece of property? I'm not sure I'm not sure I understand that. There are two lots there already. There are two lots already.
Correct. We're using the 57 Hendy as the address because the second lot hasn't had an address designation yet.
Okay. I'm not sure if anybody else has questions, but I also was wondering May I talk about Excuse
me, Bill. May I ask Sure. What size the lot is?
The lot as it exists now, if you can hold one second, Andrew can get us that information. Okay. 8.4 And then we're proposing to be 1.38 acres.
That's a lot that exists now. It's about 8.4. As proposed, it'll be about 1.4 acres. The remaining seven acres would be combined with 57
Is it one acre, two acre? What is Jim, Halsey? It would be about 60,000
square feet, sir. 60,000 is the requirement in that zone. I'm
sorry. I'm I'm hearing a couple of voices. I just wanna know, does that conform to the lot size requirements of that zoning? I don't know if Jim is still there. I see his picture, but it doesn't seem like he's responding.
I can say 60,000 square foot required in that zone now, and we're at sixty thousand two ninety seven.
Okay. So it meets the requirements. Mhmm. Thank you. Can you also speak to because I know very little about these type of things as far as when you talk about deposition of fill, what what exactly does that entail and what does that mean?
So basically, you know, we were working on floodplain areas. So floodplain is where the floodwaters are stored, so it doesn't cause more flooding downstream. So you you don't want to fill the flood area with any more fill and decrease its its storage volume for the floodwaters. So we need that, you know, we're adding fill to for the house to build the house up to get it above the flood elevation and prevent damage to in case of a hundred year flood. So we need to take fill from somewhere else on the property to make up for that fill we're putting in the house area. So on the west side, we're proposing to take fill out. It was about 600 yards. I don't have another right here in front of me. About 600 yards from the west side on the other side of the fifth side of Hendy Road house, and we'll be moving over to the east side where we're proposing the house to be built.
You know taking 600 yards putting 600 yards of fill in the floodplain, but we're taking 600 yards out in another area to compensate for that filling so we have a net loss of zero floodplain storage.
Gotcha. I appreciate. Thank you. Are there other questions from board members or anybody else?
Yeah. Well, we're approximately, how many feet up would that be would that fill?
Looking at about three and a half feet of fill for you know, on on on average. Okay. Yep. Thank you. Other comments? That whole property,
the entire piece of property all on a flood plain or is it just that one area?
Not all of it, but I mean there's flood plain all along that river there. You know, it is determined by the elevation of the land versus your location along the river.
Your driveway that you have based on what I'm reading here, I I don't understand this picture very well, this graphic, because it's a lot of lines in tiny tiny print. Mhmm. The driveway looks like it comes out right on just before the town property begins. The town owns a piece of that land there and that like a triangle from when Hendi Right. So go ahead. Did we lose you? No. I'm still here. Okay.
So that that triangular piece of land there that the town, you know, town owned. Right. So if you can see where it's shaded in years ago that was called the Burbank or Old Coventry Road. Right. And the road was in the shaded area. You can see there was a a very sharp curve in the road there. Yep. And, you know, on the second one, I can show you. You can still kinda see where it went. It's starting to get pretty grown in out there. But, anyways, at some point, they straighten the road out, you know, the road became known as Hendy Road. They straighten that that very sharp curve out, you know, straighten the road out, pushed it to the to the south. So How do I that's how the town ended up with that piece. It's the old it's the old road map, basically. So
it's more of a it might be it's more of a right town right away. It's not really a parcel. It's a you know, it's like they how they own a Handy Road in front of all the other houses on the street or any other road in town, you know, the town on Maintain Road. They own the road bed right away. How big of a house do you play in the building? Situation there.
How how big of a a building you're putting up? How big of a house?
About seventeen eighty one square feet. Yeah. About 17 to 1,800 square feet. It's one one floor?
Raised the Raised the ranch in the because of the because of the flood there, you know, our basement level has to be above the flood elevation. So it's gonna be a raised ranch house, 500 type of house. Have you had any feedback from the neighboring properties? Not that I'm aware of.
Hi. This is Jim Halsey, and I apologize. I was kicked off the Internet twice, so I I haven't been participating in much of this meeting. So if I miss something that is why. I did get one call from a neighbor just with an inquiry just asking about the impact of filling floodplain. And I explained to her that whatever the volume of floodplain that is filled is made up elsewhere borrowed so to speak. I do want to point something out to really both the applicant is I mean what the Board has before them is this map which is pretty extremely busy. It's very hard to read. Just so bear that in mind. There's a lot going on. And some people have the ability to increase the size of this more than others do. So some of us are looking at an eight by 11. Right. It's pretty difficult to determine what's going on.
So I guess the question I want to go back for a minute to is that piece of property that the town owns. Would your driveway be going through that piece of property that the town owns? No. No. It will not. It will not. Okay. Thank you. Other questions, comments?
Kathleen, is the town liable if it does flood? Are we liable? I know that's what we're trying to determine now, but Jim, do you have I
don't have an answer to that. I can get one. I assume I can get one. Okay.
That would be That's why I'm wondering. Definitely. No. That's I I had the same question for Jim when I talked to Jim on Monday. The same thing came up, and we were just, you know, if something if it was a flood and there was damages to the house, is there any recourse against the town for for you know, especially if the house is sold and somebody else comes in and moves in the house, and they say, well, why did the town allow this to be built in a flood zone? You know? That's why I'm wondering where the town's liability comes in.
I can add that, from my perspective, as counsel for the Phillips family, I don't think the town has any liability, but I'm sure that's a question for your own town attorney.
Okay. Jim, we are you to follow-up with our territory attorney on that? Yes. Yes. I will. Great. Thank you. Additional comments, questions?
To just maybe as a point of comfort, if the variance is granted, the Phillips family has every intention of exceeding the the current regulations, and from that perspective the height would be in excess of what the town is currently requiring. There really shouldn't be any flood issues if this variance is granted. Thank you.
I would also just add from another piece of my perspective. Phillips family has been trying been working with Jim Halsey, and Mr. Halsey had made a recommendation or had asked some questions of the town's land use attorney, Mark Brantz. And Mark Brantz did walk the site or he didn't walk the site, but he was at the site and took a look at the maps. And so we did have the opportunity to go over this plan with him and not to speak for him, but he's very familiar with it and he's indicated that he thought that the plan would pass muster as far as town regulations as well as any type of state or FEMA regulations.
Okay. Thank you. Okay. Again, I'm not sure if there's other comments or questions, but the item of having a walkthrough has been proposed. And I know myself and a number of other people have indicated that they think that would be a good idea. Can we have some suggestions for a time,
a date and time to do the walk? May I ask who will be in attendance at that walk through? Who would be necessary to be? Would any officials either from the state and or from the town be there? Okay. I'm zoning agent, and I'll be there.
On the zoning board of appeals on the Zoning Board of Appeals Chairman, so myself and obviously Jim would be there. I'm not sure if there's other members of the Zoning Board of Appeals that would care to walk as well, Gerard or Kathleen or
I would be happy to join your on-site walk if it's at a day and time that I'm able to be there.
Okay. Mr. Halsey, It is part of the public hearing. And I'd like to address the procedural issue with that in a minute. So it's open to the public. So the applicant will have whoever the applicant chooses to have. They can have their engineer or not. They have whoever they ask whoever they think is appropriate, their attorney if desired. Any members of the public are welcome. It's posted just like a public meeting.
So we would have to post that in the paper? Yeah.
No. Nope. Just post it in the town clerk's office 24 Hours in advance. I'm going to throw out a day and time. And I'm going say Saturday morning at nine just because that's a very typical time that works for a lot of people. It happens to be what planning and zoning uses. By no means is it any better than another time other than people are generally up, etcetera.
Sure. Are you proposing this Saturday, Jim, or any Saturday?
I I think think it would be best, if possible, to do it this Saturday. I think it would be better to get it done, do it right up front. If there's any issues that arise, there will be more time to More time. Not to hold them up. Perfect. Okay.
Do we have to take a vote in that or anything, Jim, or is that just set, or do we have to have a motion to Why do
don't you do that? Yes, why don't you make a motion
that we do our walk through this coming Saturday. The date would be, I believe, the twenty second? Twenty third. Third. Third, I'm Today's Wednesday, you're right. Twenty third at nine a. So January 23 at the property, nine a. M. Do we have Okay. So I made the motion. Do we have a second for that motion? I second it, Walt Weir. Walt, thank you, Walter. Any comments concerning that? You need Discussion? Do you need
any amount to go to the walk through or just whoever can go?
I don't believe there's any particular amount, Jim. Can answer that? Don't believe there's any set amount. It's just anybody that's interested in making a walk through. I believe you're right. Yes. Yes. That sounds right. So does that answer your question, Kathleen?
At any end. Commissioner DeRoche, can we just make sure that the owner is the applicant is available at that time? That would be good. We are. Everyone's available.
Okay. Great. Okay. So all those in favor of having a walk through at nine Saturday the twenty third, please say aye. And I guess we'll have to actually have a roll call, right? So Gerard? Walter? Yes. Kathleen? Yes.
And myself, yes. So the ayes have it. We will have that walk through this Saturday at nine Okay.
Commissioner Garrosier, it's Hallisey. Can I just touch upon the procedural issue here is I just want to note that sidewalk is effectively part of the public hearing which is recorded as such? So when people are on-site, it should be very limited discussion. It should be because everything has to be recorded. So what have and what other commissions do is they limit discussion to orientation of the site. Questions can be brought back to the meeting to the public hearing at the next meeting. That's a process how it works. That's kind of important. Thank you, Jim. And who records those
discussions? There is no audio recording of it. And that's why the discussions are kept to orientation.
Because I thought you said it had to be thought you just said a minute ago that it needs to be recorded.
Sitewalks are not typically recorded, but discussion is. So I guess that's how it's gotten around. It's the best I have. Okay.
When I say recorded, I don't mean an actual recording. I meant comments, questions and answers will be recorded by someone.
I will do minutes and they will say something like it was called to order. The engineer pointed out where the house is going to go. A couple of things like that. Whatever transpires on-site. And that's it. So I will handle that. But again, they're very simple because discussion is so limited.
I would like to add Mr. Monroe did not vote on the sidewalk scheduling.
I'm sorry, Bill Monroe, is he still with us? Yes. I'm sorry, Bill. I didn't mean to exclude you. I'll I'll go.
Yeah. Alright. So you vote you vote yay for the sidewalk. Thanks. Thank you, Mandy. Don't know what we would do without you and Jim. Okay. Is there any further discussion at this point?
Yeah. I do have one. Back to the to the map. Andrew, I'm hoping that if you're gonna be on-site or or if not, provide your your client with a a copy of a full size map for the sidewalk. Yeah. And we actually try to
color up color up the map and and take the system the lot that we're talking about and make that at a bigger scale. So Okay. A little easy for you guys to read. That'd be great. I think tell him if I'm wrong, there's a house breakdown in South Dakota State. So, yes, we have the house area already. We've got the South Dakota area already staked out out there. So yeah. Super. Any any other discussion, Jim? No.
Okay. Can we move on to number eight, our administrative report from the zoning agent? Yeah.
I have nothing to report at this time. Great. No. No. I don't. Do I have nothing to report.
Thank you. We have two number eights. Little typo, I guess, there. Approval of the the minutes from October 21. I'm not sure if everybody got to read those minutes. I did, and they looked perfect. I'm not sure about everybody else.
Gerald and I Bill read the minutes, and they look good.
Kathleen? Yep. Bill? Yes. I haven't read that. Bill? You have not. And and Walter? Yep. Fine.
Okay. Do I hear a motion to accept the minutes as reported?
I'll move that we approve the meeting minutes on 10/21/2020.
Thank you, Walter. Do we have a second on that? Yes, I'll second it. I'm sorry, was that Gerald or Gerard. That was Gerald at the back. Thank
you, Gerard. Okay. By roll call, all those in favor of accepting the minutes as presented, Kathleen? Yes. Walter? Yes. Gerard? Yes.
Bill, you didn't read them. So I'm not sure if you can vote. I'll say. And I accept them as well. So the minutes are accepted as reported. I don't think there's any other business to come before this meeting. So it is continued until our February meeting. Do I hear a motion for adjournment? I make a motion we adjourn.
Thank you, Walter. I'm sorry, who was that? I'll second it, Gerard. Thank you, Gerard. Any discussion? Okay. All those in favor of adjourning, Go Kathleen ahead, Jim.
No, you can vote I'm sorry, I didn't mean to an item, a miscellaneous item, but I'll have to bring it up after adjournment. Thank you. Just a comment. Kathleen? Yes. Walter? Yes. Bill? Yes.
And Gerard? Yes. And I do too, so the ayes have it. Thank you everybody. We look forward to seeing you on Saturday at 09:00 for the walkthrough, and obviously meeting again at the continued meeting in February. So
Jim, you had another comment. Just my comment is that there's still your commission is still looking for members. Anybody knows of anybody that might be interested, just send them to either their party chair or the town clerk or me. Don't get them in the right direction. I think we are at five now, right? We are.
Particularly with the variance, you not only need a quorum, an applicant needs four votes, four affirmative votes. So it is very important that you not only have a quorum but you have the four. With five members, I think if you are at wherever you're at, it would be great if you could fill up some slots. That's all.
Was at thank a Republican you for that, Jim. I was at a Republican meeting. We were trying to fill other boards and commissions, and unfortunately nobody stepped up on the ZBA. But hopefully we will find somebody. And again, to Jim's point, if you know anybody that's willing to step in and help out the town, that'd be great. Thank you for that, Jim. Okay. Well, thank you, everybody. And again, we will look forward to seeing you on Saturday. Thank you. Thank you. Thanks a lot. Yeah. Thanks, Jim. Bye. Thank you. Good night, everyone. Good night. Good night.