Everyone. >> Yes, sir. >> Today is August 19th, 2025, meeting of the Governor's Under Court of Appeals. Before we begin tonight's public hearing, I'd like to familiarize you with some of the ground rules by
which the we operate under. In Gardner, four members out of five of the zoning board of appeals must be present to conduct a legal hearing. Applications will normally be heard in the sequence in which they appear in the public notice.
All hearings shall be open to the public and no person shall be excluded unless he or she is considered to be a hindrance to the workings of the board. An applicant may appear on his or her own behalf or be represented by agent
attorney. The applicant or his or her representative shall present the case to the board. Representatives of the city shall be heard. Abutters to the property present shall be heard. Those in opposition to the application shall be
heard. Members of the board, I I'll skip that one. I say members of the board of hearing the case may direct questions any time during the hearing. The board must render render it decision regarding
variances within 100 days after the application is duly filed in the office of the city clerk. The board regarding special permits must conduct a public hearing within 65 days after the application was filed in the office of
the city clerk. The board must render its decision regarding special permits within 90 days after the closing of the public hearing. All four members out of five of the board must vote in favor of the variance or special permit for be
for it to be granted and approved. The right to appeal the decision of this board is provided for in chapter 4A of the zoning act. The information is available in the office of the city clerk. No variance or special permit or
any extension, modification or renewal thereof shall take effect until notification from the city clerk that the 20 days have elapsed after the decision has been filed in that office and no appeals have been filed and is
recorded in the registry of deeds for the county or district. The board requests that each person identify himself or herself as the name and address before addressing the board. Sitting on tonight tonight's hearing to
my far right is Lori Whitaker Whitta. Uh next to Lori is Richard Hanks. Myself Ray Learn's chair to my left Mel Cornet and my far oh and after Mel Dave Antier and my far left Robert
Rice. The meeting will be videotaped and taped. Does anyone object to the taping or video taping? There's no object objection. I would ask please silence your cell phones if you haven't already.
Thank you. Okay. The first case before the board this evening. I'm going to bypass the order that's in. We have two withdrawals. I'd like to get those done and out of the way quickly.
Um, is attorney Trevor Brown and Camden Brown present? >> They're not present at this time. >> Did they send you a letter? >> No, they said they will be showing up tonight. >> All right.
Uh, we'll go to the next one. It's case 2025-07. It's a continuence variance. Uh is Sean King here? Sean King. That's the other withdrawal. So, he's
not here, but I do have a letter. Just let me get to the file. I do have it here. The letter is addressed to dear zoning board members. We are withdrawing our variance application is no longer necessary and leaving the portion of the
driveway beyond the standard 24T length as gravel. The company doing the paving will be pulling the permit for this paving once over the coming months. Sincerely, Sean Keane, 14 Temple Street, homeowner.
Do I hear a motion to accept the request for withdrawal for Mr. Keane? >> I will make a motion to accept the withdrawal from Mr. Keane without prejudice. >> Thank you. >> Second. >> Okay. Any discussion? None. Then all fa all in favor of
allowing Mr. Mr. Keane to withdraw without further say I >> I opposed pass unanimously and we'll just table the prior one till towards the end of the meeting. So
the next case before us is case 2022-01-01. It's a continuing special permit. Jonathan Bombachi, MHG3 Fund LLC,
163 Pine Street, 165 Pine Street. Parcel ID R22-6-8. Special permit violation. Mr. Mumbai, agent or representative? Representative Attorney Christine Tree
for Mr. Bombachi Simplified Management of MHG. Mr. Vumachi is also to my left and is present. Um, can can I clarify? We have the violation and the modification both before the board at the same time.
Yes. Okay. Thank you. Um, just a moment while I make the connection. All right, >> Mr. Chair, just so that Attorney Tree um knows, I did watch both of the previous meetings. If you're comfortable
with it, I filled out the Mullen rule paperwork for Mariela. >> I was going to ask whether um anybody needed to verify that they had watched the meeting that they had missed. So, thank you very much. I appreciate that. That's what I'm
>> Is there any other member that needs to has missed a meeting on this >> on this case that needs to verify that they watched the minutes? >> Attorney Tree, I just wanted clarification here. >> Sure. >> The case that I called 202201,
that's a special permit. And in the agenda, I have we have another case 2025-07-3. Are you looking to do both of them together? >> Yes, please, Mr. Chair. >> All right. So, our questions may,
you know, go go all over. So, we'll try our best to keep them assigned to the right. >> Um, >> you may begin. >> Thank you. Uh, so I just want to clarify as far as the special permit violation goes. I think we've through the hearings
reached the point where we've determined although none of the conditions um have been violated. the plan that was submitted and approved was not complied with, that the petitioner tried to comply with the plan, that the petitioner was unable to comply with
construct reconstruction to the original approved plan, and that we moved forward to requesting a modification of the special permit that has been issued. Um and uh the modification has been the
subject of much discussion um after some appreciated comments on several different alternatives that were presented for the board. um to make up the issue of a lack of one park uh
parking space or I'm sorry a lack of two parking spaces from the plan as originally uh allowed um which resulted in the submission of a a new petition a new application for
modification of the special permit. The proposal is to make some modifications to the parking plan, provide all parking on site. Um, so that the net result is going to be one less parking space than
originally approved, 10 instead of 11, and the petitioner proposes to give up one of the dwelling units so that they will reduce from 8 to 7. That is the summary of where we were.
Um I have uh in my slideshow just to show you for reference. Um we can look look back at the original approved plan. Um we can look back at the plan
presented at the last meeting. Um but I would like to move ahead to uh the current plan. Um if there is any desire to go back, please let me know and we can go back focus in on any areas of those prior plans.
So, um, from the last meeting, um, we did finally get the draft survey back from the surveyor. Um, and the parking plan, um, was revised and the revision was received this afternoon
um, in accordance uh, with making any adjustments that were needed due to the survey. So what you see before you here is the parking plan from McKenzie that has been adjusted after review of the draft survey that was completed. What I
did for the board um uh in addition to I have the slides and we can have some focused in areas. I've printed out um uh the overview and then uh two closeups on the plan um so that you can look
along at it and set forella's records um and I have emailed just now the um plan PDF to Mariela as well um so she
has that within the records. So that's the large um the full plan. Um this is a little more focus in on it. And then
this is uh the closeup on the notes to the side. Strange weather. >> Yes. >> Thank you. >> Very. All right. Um, so this is uh the overview and what
I'll do if you is if any board member wants to see something that I haven't shown on a focused area, please let me know and we'll go back and um center in on. So here is uh the the little closer up
that that shows um all of the parking. And so I'm going to focus on what I think are the non um questioned areas first down at the southern um uh sideline.
The existing wall will be demoed and pushed out just a little bit. Um the setback will be 1T4 in um from the uh property boundary which uh is
in accordance with the fact that the driveway that is already there goes all the way out to the boundary line. Um so it is set in a little bit. It does not go out as far as the existing driveway goes.
Um we had >> you say that was 1 foot4 inches >> 1 foot 4 in is the mark and that is um right there if you can see it on the plan. >> Um >> well that's the wall >> at the back right the wall at the back
corner. If um we go up to the front of the property um the driveway as you can see is marked all the way to the boundary line. Um, and that's how it's installed. >> So, so the parking, the paving adjacent
to that wall would be how far off the the lot line? >> The the pavement as opposed to the wall. >> Yeah, the pavement as opposed to the lot line. But you mean 5 foot? I know you're saying that the pavement for a driveway already exists at
>> Yes. has zero lot line, but what is the pavement off the lot line to the >> the p the pavement goes all the way to the lot line. Um the pavement of the existing driveway starting at the entrance from the street goes all the way to the lot line on the southern
boundary, the existing pavement. Am I answering your question? >> So the pavement goes over the retaining wall, the new retaining wall. >> So the pavement goes um all the way to the lot line here.
There is sorry I'm going to go to the next slide which is a little bit closer. Yeah. Um it varies inward and then
where it says demo wall demo wall >> that is the edge of the current retaining wall on that southern boundary. So um the just this uh piece that follows this the side um boundary
line will be removed and pushed out slightly um to uh the marked wall that uh shows to be uh 1T4 in um from the side boundary line. The heavy mark there
is the side boundary line, the lot line. >> Thank you. Okay. Now, when you when this is marked, you have one through six back here. Seven is up above on the buddy park, I think, next to the street.
And then eight is down below. So, you're not counting that second uh buddy parking. So, um, >> so I see seven up there. There's eight. >> No, I I do see what you're saying there.
No, I see what you're saying. Mr. Chair, um would you mind and I know this is a little unorthodox. Would you mind if we step back for five minutes? I just want to discuss this with my client. >> You may. >> Thank you. >> Close.
This isn't so bad. >> Yeah. >> What's that? >> You require nine. >> I assume. Yeah. You can see that our engineer doesn't take down
one time. >> Nobody likes I'm She hasn't thought >> responses for here It's like baby steps every day.
>> Ask again this funny part. Here's my issue. Is that this is >> I didn't understand. >> Right. >> Why do we keep bringing that up? >> I lost it. >> It doesn't matter. It's been approved previously by the board.
So, we can't revisit something that's already been >> approved. We're revisiting a lot more stuff. >> We shouldn't know. It's going to get us in trouble because the real issue is the parking down here. You can see the engine doesn't like I
don't like either right in the so there's nothing to do about it. At least I don't know of anybody doing anything about it. >> You know what the attorney's question? >> The bottom line has the plan changed
because the actual survey >> they're basically the same thing I saw when I first saw it a year ago. >> It was that >> because it's always been known person's house. So it's
>> the issue is is that we keep getting wrapped ourselves around it and it's not it's not even part of the discussion. >> I shouldn't be. >> I don't see number 10. What am I missing? >> No, they're counting this. That's why I asked the question. They're showing me
and this would be seven. This would be eight. That's nine. >> And this the second body parking is nine. So, >> is it this is this one? >> There's eight right here. So, one, two,
three, four, five, six, seven, eight. >> I'm questioning whether is that being considered a spot in the >> Well, that's why I asked the question, where the hell is the other one? >> Right. >> If they're doing 10, I can I can get to nine. I can't get to 10.
>> Right. Right. Same. Show again. >> Thank you, sir. >> Okay, attorney, do you have some resolve or >> I thank you for the moment uh with my client. As I said, this can came in >> today, >> this afternoon. Um, and I apologize for
not noticing that there on the final plan with there was a parking space that is now eliminated that was there before. That is very unfortunate um for I think all of us. Um, so I've had a brief discussion with my client.
We can't make the parking any better on this lot. We can't make it any better than it is. Um, I don't know how to add another parking space. Um, we've been back and forth with the surveyor and the engineer. We have obtained an easement
from the abuter to the extent that the buddy parking spaces go over. But that is all the space that there is on the lot. Um, if we eliminate, and I'm just anticipating the board might ask this, if we eliminate another dwelling unit
and go down to six, this property will not be able to meet its debt service and it will eventually go into foreclosure. We can't agree, and I apologize for that, but we can't agree to reduce down
to six units either. Um, I will I will say this that again, the parking has been in effect, has been utilized. We are expanding it by one more space in the back. Um, the buddy
parking is improved. Um, and there is meeting the condition that was in the original special permit, there is still at least one parking space per dwelling unit. Um, even considering that two of
the spaces are allocated to the first floor unit. Um, there are still seven spaces in the back for the other six apartments. Um, and I can't I don't have the ability
to offer anything more than that to the board. Um, today um, we have tried several methods um, including locating parking at 307 Pine Street, which is another property that is owned by uh,
the property owner. Um, uh, you know, we I I don't really want to go back and look at that again. That was never acceptable to the board. it was 1,200 ft away. Um we don't have another alternative to offer. There is on street
parking available. Um and although this is certainly, you know, not my this was not my intention to bring up during this process because the zoning ordinance has been slightly amended since we began this process. There is a
little bit more flexibility in the board to approve um modifications to the required parking. It does not require that the parking be located off streetet anymore. Um just that adequate parking be available. And I would further
suggest to the board that because again this property has been operating as is for a while, the tenants have been utilizing on street parking. It's not my favorite. Um, we don't want to
add to congestion in the neighborhood. Um, but we have provided at least one space per unit and that is how it has been functioning. Um, we have talked about uh delaying and seeing if there's anything else we can do, but we've
we've been six ways to Sunday on this property trying to maximize the parking and it's just it's what it is. Um uh I do apologize that after the survey was done and the actual measurements came out and were applied
to this plan, it was not as it was expected. Um that's what it is. Um so I'll say that um I will go on uh to
address the other issues just briefly that were raised by the board and uh then if the board wants to ask some questions uh about the parking or about the parking plan I'm happy to go back. This was the surveyor's
um uh measurements of which the uh the adjustments to the parking plan were made. Um and that had been uh forwarded to the board. Uh we can go and look at
that. Um this was the rear of the building. There was a question about lighting in the rear of the building. Um, we had displayed this at the last meeting just to understand that it was not one emergency exit. There were separate
tenant exits going all of the way right way up the building. Um, and if you recall the butter was here um and stated as to whether the lighting was sufficient that it was lit up like a Christmas tree and it was um very
adequate lighting for the tenants. Um what you see here is a photograph. Um and that's what the tenant uh what the building looks like at night with the existing lighting. Those are the lights controlled by the tenant going um up the
floors of the building. They're on the exterior next to their door controlled by a switch. Um and what I would say about it is that there is very adequate lighting for that stairwell from those lights. We did provide information on
the uh additional exterior lighting uh that would be installed um at a height of 15 ft uh on the left and right rear sides of the building and then keeping that line level although the ground
rises a little bit on the driveway on the side. Um, so, uh, we did provide a little more information on the proposed lighting fixture. Um, other than being 15 ft up, uh, the motion activation is
within 180 degrees, the detection range can be set to between 10 and 100 ft. So, we can keep it very close to the building um, or at least not too far out so that it's activated unnecessarily.
Um there is a ball joint on the back of the um on the back of the fixture and it says that uh in the documentation for the fixture that it can be tilted this way 80° and left to right 45°.
So that um would allow us to focus it on the rear parking area. Um the documentation for the fixture says that the light will project um a minimum of 86 feet outward and 96 ft wide. So that
is far enough certainly to reach the parking lot and to cover it. Uh we do expect that that will provide some additional lighting to the first flight of stairs on the bottom. Um, and again, there are no buildings to the side at
the level of the parking lot or to the rear. Um, so there are it can be directed. There's also no abutters right there um that are going to get the light shining into their eyes. Um, and I did give some uh information on the on the
on the lighting fixture and another reference. Um, another request was to check in with the um, building commissioner and I did check in with him on uh, today I spoke to Mr. Cook. Um, I
did check in with him on the issue of the easement deed um, being sufficient to allow the budding parking and any specifications for the guard rail. Um his response on the um buddy parking was that's outside of his pay grade um
because it's a legal legal answer as to whether the easement is sufficient. Um and that the uh guard rail should be um designed for the building permit by the engineer just like a retaining wall
would be and that during the process of issuing any building permit he would be reviewing the sufficiency of the guardrail to serve its purpose. so that um any any needed uh standards
um could be specified by the engineer and reviewed by the building department through that separate process. Um the a copy of the signed easement uh was forwarded to to you. Um that easement would need to be recorded of
course at the registry of deeds. Um we did have a meeting last week with the abuter who appeared Mr. Holm. Um and very nicely worked out a number of issues. Um so he did not have a problem with the paving and the parking going uh
right up to his foundation if it did need to do so. There's a little divot uh next to his building that he wanted to make sure was going to be filled in as part of the smoothing process. you wanted to understand what the what the fill is um that was going to be brought
in which it's it's not a leveling um it's a smoothing of the existing grade um and uh there are some lumps and bumps in the road. There is only a differential of about an inch um between
the existing driveway pavement and the cement step that is the entryway into the tenants area. So there's not much room to raise the grade. Uh it wouldn't be raised very much at all. Um we've
looked at the rocks. Um, we don't think that the rocks that jut out from his foundation would need to be addressed really at all. They could just be paved over. They're not high. Um, and uh, another issue that he actually
brought up uh, while we were there is there was a there's a tree on the line towards the front. Um, he's interested in having it removed. That's something that uh, you know, we could agree on later. Um but um he was interested in
having that tree removed which is a good thing as far as I'm concerned. At any rate, he did sign the easement. Um the easement does allow uh pass and repass and parking um passing and repassing by
foot or motor vehicle um for the length of two spaces and going up to his foundation, his existing foundation. Um the easement does run with the land um so that the owners of each parcel
must continue to abide to the terms of the easement. Um the petitioner agreed to redirect the grade slightly so that the water runoff would stay on the petitioner's property and not enter onto
the abutter's property or very specifically into his foundation. um and provide a slight curbing at the edge of the pavement to help the water redirect as well. Um the proposal is that uh and I'm holding the original easement deed
with me. It would need to be recorded with the special permit decision of course to be effective. Um and so I'm happy I'm happy to answer any questions on that. Um but uh I just I'm thankful to
Mr. Holmes. He was uh you know we very reasonably worked out an agreement and he doesn't have any objection as he expressed to me. >> Thank you. >> Um we've already reviewed uh the relief
required. um we'll need to specify the new plan from McKenzie as the plan associated uh with the decision. Um and I believe that has a date of today on it.
Um there is uh the requested relief from the parking set setback of 5T. And I just want to be specific that the buddy parking is existing. It's pre-existing non-conforming. We're not modifying it. We're just repaving it. Um, and I'll
I'll talk about Mr. Oliva's uh email in just a moment. Um, but the relief is not for that. It's for the extension of the retaining walls north and south. Um, and that is going to be, of course, because
the existing pavement and parking spaces and driveways are already out to the boundary lines. it's not going to exceed um an existing uh nonconformity. So, we think it's a reasonable um relief from the parking requirements.
Um the maneuvering aisle um I think it comes out at 187 now um instead of 186. So, there's a little more room. We had asked for 18 and a half feet um rather than the 24 feet
required. Now um I am unfortunately gonna have to ask for a re a decrease in parking spaces from 11 to 9 now. Um >> excuse me. Are you are going to provide this um document?
>> Yes. Yes. Um and if the board doesn't have any objection, it says 11 to 10. I'm going to correct it to 11 to nine um because that's what it is and uh reduce the units from 8 to 7. Um
and I'm I'm just going to say that we still think that is reasonable. It is also the best that we can do um in the situation that we have before us. Um Mr. Oliva's email and I do want to thank both um
you know Mr. Cook and Mr. Lever for being so responsive. Um I I don't know that he had any involvement with the project or not at the beginning. Um I don't know the answer to that question. So for instance, I don't know if he looked at
the uh driveway permit for the curb cut um or a curb cut uh for the lefthand driveway. The buddy parking, as I said, was existing. There's no further curb cut that is needed. There is an existing curb cut in the sidewalk.
Um so Mr. Oliva has expressed a number of concerns about the buddy parking. Um but he's also stated that there's no driveway permit um for repaving that is required without without uh further curb
cut. Um he expresses concern about the grade of body spaces and uh if a guard rail is needed um some being someone being injured by a car sliding down
um it's a steep slope. It's a steep slope and I I understand his concern and if I were designing a building from the beginning um instead of uh trying to adjust the
parking that was unfortunately wrongly constructed um now after the building's been renovated and occupied. Um of course I wouldn't I wouldn't pick a slope like that.
Uh but we are here, you know, we're here trying to resolve this problem now um the best that we can. And um I'd say that the the applicant had tried to be responsive to many board
comments as much as they can within the realm of possibility. Um and um a number of adjustments have been offered. the reduction in the unit has been offered. This these two parking spaces are only for the first floor
unit. As I look at them, it's highly likely like likely that somebody's going to park in the first one and not in the second one in the back, you know, um except a great need. Um because people are currently utilizing the on street
parking. That's what they're doing. um and some parking in the back and one and the first buddy space but not the second. That's how in action the tenants are using the parking right
now. The building is currently occupied um in only seven units. um all seven units are occupied and not the eighth, right? I'm still um because the applicant has kept um the eighth unit
vacant pending resolution here. I did um just to understand um because I know that this applicant is not lightly asking for relief from the board. Um, as much as I have on occasion presented a humorous
slide or two to the board, um, this applicant has been trying to resolve this problem, not always, not always, diligently, but for approximately uh, two plus years. We've been here at
this since I believe September. Um, we went through a timeline before. Um, I'm certain the board can understand uh without my disclosing what it is that this has been at substantial legal fee
costs to uh the petitioner. There's going to be a number of construction costs associated with what is proposed. There's been money spent on um plans that haven't been used. Um redrawing the plans, redrawing the plans. Um, again,
not to uh lay blame at the foot of the board, but just to explain the expense that's been experienced by this applicant. The loss of one unit um over the next, you know, 10 years or so, we've projected out at a present value
of approximately 175,000 in lost gross income um on this property. Um, what is without making this the board's problem, what I'm saying is that
this applicant has undergone a number of expenses and will continue to do so. Um in far as far as him uh uh kind of paying the penalty of that uh lot not
being constructed properly, he's absolutely going to deal with that because he has is going to suffer a number of expenses. Um we feel that um this is a
acceptable resolution. Um, I understand it's not ideal. Um, I'm not sure I I think we're at the point where this is the most acceptable solution that we can provide. Um, and I'm going to ask that the board take its
vote on the matter today. And I thank you for your time. Again, I'll be happy to go back and answer any quest questions or focus on any portion of the plans. >> Okay. I'll open up to my board for any questions they have. I do have a couple.
I will keep those till the end. >> When they uh surveyed the buddy parking area with the neighbor, what how far off were where they actually I mean where does the ab butters property line
actually lie because we never could figure that out. >> The abutter's property line appears to be about one foot off the building >> off of his building. >> Mhm. and um our buddy parking the
existing pavement appears to extend about one foot into his property. >> Okay. >> So, >> thus the easement. >> Yeah. >> Pardon? >> Thus, the easement that the neighbor signed, >> right? I saw that, but I didn't know the actual measure. I probably missed it,
but >> No, I don't think you did. >> Okay. Thank you. >> Any more questions, Dave? >> No, I'm fine. >> Mr. voice. >> No. No questions. >> Mr. Cornet, >> no. >> Lori, do you know
>> Mr. Hanks? No questions? >> No. >> I do. I don't want to go back almost to day one, but as we look what's transpired over the one to two years,
we saw that there was made on the parking to the rear. We have some projected costs. If you take from that point forward of what Mr. Baji has spent in terms of legal fees, plans not being
used, etc., etc., the difference in cost might not be as great as an impact that it is it would have been. >> And if that was met, we wouldn't be here today. This would have just flown through.
So I think you know Miss Lombachi and yourself you've made great efforts to address the issues that have popped up and many have popped up but they seem to have continually popped
up and I think you addressed some things that we still we mentioned about a water flow I think last month. I haven't seen anything on that how the water we talked about paving up to Mr. narrow uh homes
property. We talked about so I'll say a lot of carving the pavement so the water would go on his property, but we haven't seen any drawings or plans on that. We we haven't seen actually anything of how
the water is going to divert down and not go into the parking in the back. I know that was talked about. We proposed a couple of plans on well we made suggestions regarding not the jersey barrier but maybe a fence type plan. It
could have been metal guard rail could have been wood etc. Um we see where the proposed location is but I know we can only recommend or suggest the building commissioner cannot actually say this is
the one you're going to put up. That's really to the engineer to do that and not say this is the presentation. So that has vacasillated back and forth to what it's actually going to be. So I've got we're not going to be able
to meet the 5 foot, you know, def uh spread on the drivein and everything. We can't just space is not there. We haven't seen a water flow plan which I mentioned. Um, also we don't know what the
they're going to have to grade that driveway. We haven't seen the composition of the grading or what it is and how it's going to be long lived if it's going to be there. Um, loss of revenue.
I understand that coming from a finance background. But when you're looking either at a variance, a special permit, that is not a condition for the granting of that permit, bill, revenue, income, financial. It's what's the impact going
to be on the property. Annie Butters and we've had so many changes here and I feel they haven't even all been addressed at this point. There's still a few outstanding, but you know, be as it may, those are my little comments. You know,
I'm just going all back to two years of where we've come from and where we are and this has now resolved very quickly. So, those are my comments. If anybody else has any comment. >> Well, I'll add to that is I think from
day one when I go and I I stress that a financial burden whether regardless of the reason for it is not grounds for a variance. So I think that was stated from the very beginning. >> I I just want to clarify we're not
asking for a variance. We're asking for a special permit. >> Okay. Um so so just that the criteria >> just manable space from 24 to 18 that's just a special permit that's not a variance >> and the same with >> the 5 foot set back to a lot line for
pavement that's just that's just special permit >> correct and um I had put the section up that's 675 74 740 >> so I think as much information has been presented to the board that that's
possible because I think we could continue to go for another year, you know, as things happen and we don't want to prolong it that far for Mr. Bombachi as he has to decide what he's going to do going forward, >> you know, depending on the decision of
the board and board members. uh we have I think massaged this quite a bit and I think great effort has been made on Mr. Lombachi's part and your part to try to address the issues but like I said they seem to keep popping up
and I don't know if there's an endgame here but what I'd like to do is and it's sort of been requested is move on this and call for a decision on both of the special permit requests that we're talking about here. Mhm.
>> Thank you. We appreciate that. >> Okay. Do I hear a motion to move forward on the two and I'll just highlight them again. It's case 2020 20122101 Jonathan Bombachi uh
MIG MHG3 Fund LLC 163 165 Bank Street special permit violation that has been addressed. Next one is Jonathan Babach, MH3 Fund LLC, 163 165 Pine Street, parcel ID
R22 22-6-8 modification of previous special permit conditions by reducing the one unit dwelling to seven and one parking space per unit.
So I hear I you made the motion. I will make the motion to move forward with what you have just said. >> Thank you. >> Second. >> Okay. Um, any discussion from anybody at this point? I'm going to call for >> just to clarify what that is.
>> Do we have to list any of the uh stipulations or >> Yes. >> Is what's in the permit? Okay. I I guess I'm trying to figure out what what plan are we are we voting on.
>> These are the two applications that have contain a lot of data and a lot of most of it we've been talking about it from >> many months presented tonight the one you presented. Okay.
>> Okay. So I'm going to call for a vote. All those in favor of granting these two special permit requests for Jonathan Mubachi and his related companies say I. >> I. >> All those opposed?
>> No. >> No. >> No. >> Okay. At this point, we have one, two, three yes >> and three nos. So, it's a split vote. We need four
positive to turn to approve it. So we do not have an approval here tonight. Yes, >> Mr. Chair. Um my understanding is that this is a five member board with alternates. Um can I just ask which
votes were um by an alternate member? >> Could you come up a little bit because I'm having a hard time to hear you. >> You have you had six votes member committee. Who's not who wasn't supposed to vote. >> Who is >> No, you've got two alternates. We only
need one. >> So, I'm I'm just asking which vote was from the alternate member. Um is is it a yes or a no? >> I've been following it the >> almost from day one.
>> I should not my vote should not come. >> You want to withdraw your vote? >> Yes. >> Okay. And Lori, you have addressed that you have been watching it. >> You're signing the documents that you've watched all the file, >> correct?
>> So, we're going to revote this to make it clear. >> I'll revote it. Uh, but I'll recall it. >> Do I hear a motion to vote on this? There will be one, two, three, four, five members excluding Mr. Rice.
>> I make a motion to vote with the members that you just outlined. >> Second. >> Okay. Any further discussion? >> All those in favor of granting the variances I said to Mr. Jonathan Bach
and his related companies say I. >> I a >> yes. >> A yay. >> Yes. >> A yay. >> Yes. >> All those opposed? >> No. >> Say nay. >> Nay. >> Nay.
So we have three gays, two nays, which turns down the approval process. So the approval two special permits have been denied. >> Okay. >> We appreciate your coming to >> Thank you. We appreciate all the efforts
you've put into this. This has not been one of the easiest ones. Um, so I I'm just going to state that um, of course the written decision will need to be made and filed with the city clerk. Um, my client will need to decide
what to do on the basis of the decision. Um, and uh, then we'll um, at some point reach out to the building commissioner because we now have a building that's occupied without a special permit. That is very unfortunate for the residents of that building.
Um and uh we'll need to see what happens going forward. So >> thank you. >> Thank you. Okay. >> No, the comments. >> So what is his options now? He voted no
on it. So what's his option? >> That's a discussion he needed to have with his attorney. I mean, if you want to boil it down, you accept it or you appeal it, >> we um are going to have to decide
whether or not to appeal to a court is what's going to have to happen. >> Um first um or you know, I shut down the building. So, that
hopefully will not happen. Um, but there are some issues that we can't resolve here. So, we'll need to see how it goes. >> Thank you. >> Thank you. >> Okay.
I think you just packed away my agenda. Okay. Then >> I'm going to ask just officially to get a motion to close the public hearing on this special permit. >> I think >> I'll make a motion to close the public hearing. Do >> you have a second?
>> Second. >> Okay. >> All those in favor? >> All those in favor? I'm calling for a motion to close this case. I've got a first and a second. All those in favor say I. I >> opposed. No opposition not papers are
closed. Okay. Is attorney Trevor Brown, excuse me, and Cameron Camden Brown >> not present. >> And they were coming. >> They did say they were uh going to show
um but they had mentioned that they were to without prejudice. I requested a letter from them. Uh they did not submit the letter. So I don't know there's been at this time. >> All right. I'll hold that one to the
last case. >> Sean King. Okay. We've talked about exchange right Netley's portfolio 21 Timony Boulevard parcel ID R22-21-13
allocation of six parking spaces for Hanford to grow I'm sorry Hannerford to go program agent or attorney >> excuse me Mr. Chairman, could you just identify the five people Bob's going to
be sitting on that case? >> Just for clarity, Mr. Rice would be sitting, but he will not be vote because he you weren't here in the first one, were you? >> I wasn't here for this this first time. >> I think this is the first time this has been
>> Oh, this is your first one. >> Yes. >> Yeah, >> that's correct. >> So, you all can sit on it. This is a new presentation. >> Yes. >> Look, we vote tonight. Only one votes.
>> So, the vote will be No. Okay. >> The floor is yours, sir. Good evening. My name is Jason Hound. I'm a civil designer with BHB. I'm here tonight to discuss the application for Hanford.
Uh could I ask just a before we get started point of clarification uh isn't there a special permit already on these? >> Yes, it will. >> So are you looking for a modification of that special permit or a new special
permit? >> This would be a new special permit. >> It's a modification >> modification. >> Yeah, I think the quick question Mr. Cornet was asking, "You're not adding any additional spaces?" >> No, we do additional spaces.
>> How many do you have? >> We have 118 spaces on the >> No, no, the ones that you got the special permit on. >> Oh, that was six spaces. >> Okay. So, we're going to be addressing those six p spaces, correct? >> Yes. >> Not bringing any of the others and
something we just talked about. >> Those those spaces, no new spaces will be added. two two spaces specifically on the west side of the building which I'll get into as well. >> So, I'm just asking some questions because we may be able to facilitate
this quickly. >> Yeah, >> you have six spaces. >> Yeah, I can just get right into it if you'd like. >> You want to move two to the side of the building? >> We want to move I'll show you on this plan here. We have two of the two of the parking spaces on the west side of the
building circled. Those two today are Hannerford to go parking spaces. And with some efficiency deficiencies that Hannerford's to go program has found, they'd like to move them in line with six parking spaces in front on the in
the middle circle there. So it' be six inline parking spaces. With that, we would we would shift one ADA space and that respective loading zone down to continue that inline ADA space. uh
providing access to the front doors still. >> So are you moving both of those spaces that's along Tiffany away in in in line is what you're saying? >> Yes. And those will be restriped to be uh a standard. >> So there won't be just standard parking over there. >> Yes.
>> Okay. >> So really, you know, that's a modification of the special permit that you have. So, you might want to say your request is a modification of the special permit you received back some time ago. >> Yes. In 2022.
>> Okay. And you've just explained where they're moving to. >> Yeah. >> In your drawing. >> Yes. And those those two spaces on the west side of the building on Tony are being moved to the parking spaces that
are drawn in black on the screen. So we show the two on the west side grayscale as existing and then the two uh darkened lines are the restriped Hannerford to go parking spaces.
>> So just for clarification did did you receive a variance for this prior or a special permit prior? >> This is a variance right? >> I believe it was a variance. >> Yeah that's saw there was a variance.
>> No it is. It's >> you still can get a modification to a variance. >> I just want a terminology be the same variance. >> I knowifications of variance if it's >> I think let me get the file here. Let's
see that. the variance >> variance and I'm reading from the decision of October 6, 2022. >> Yes. >> So it is a variance. The Gardener Zoning Board of Appeals at its September 7,
2022 meeting voted to grant a variance without conditions to David Fence. >> That's me. >> I'll call you David F. >> That's good. agent to reserve six parking spaces with signage
online. Hannerford to go shoppers at 21 Tany Boulevard. >> I just want to make sure I know which two exactly. You see the two that are bordering Tony?
>> Yes, >> those are moving. >> Those two are moving. >> Go to this the screen before. See the little dots, the red dots? >> Yes, >> those show the two on the side. That's where we came in 2002 is the 22. Two on the side and four on the corner. >> And basically it's been operating as
Jason mentioned it's been operating for a few years. >> That red carrot up there on the top >> those those are building entrances. >> We wanted to represent that on the plan to show >> in the photo we put little red circles. >> Yes. >> Those are all the uh that's kind of the
location of the six. >> And if you go to the next page >> Yeah. Uh, >> okay. So, >> so >> one's by the top red carrot. >> How many spaces is that? >> By the top red carrot. That would be six
inline hand to go spaces. >> I'm still trying to figure out cuz I'm looking at you got two. I'm not talking about the circle up by Tony. I'm talking about the >> oblong circles. >> Yeah. Drop your cursor down. So drop right
there. That's six right there. >> You're going to put all six right in that one location. >> Four there now. And we're adding put all six in front of the package store. >> Yeah. So when the kids come out to load them, they're all just >> Where are the other two coming from?
>> The other two are coming from >> this top section. >> These these two here, which which would go back to standard parking. >> So I can see those two are going away. >> Yes, >> those four. And where are the other two? >> They're in front of >> They're going to end up right in that
line with the floor. >> Yes, right here. And then this loading zone and ADA space will be moved down to here. >> Okay. >> Down. >> Is that where the carriages are or stored or >> No, that's just where the ha
the entry was for the package store. >> The package store is towards Main Street. >> Correct. Those are all right in front of the package store. >> Yeah. Those two carrots in the middle, those are your entry doors. >> Yes. >> Okay, I got it.
>> Any questions on first from anybody? >> I have none. >> So really, this is an application should have been it should have been classified as an application for modification. >> Okay. Yeah, we reach because it was a little confusing. I had I reached out
originally because if you look at the original um application or decision, it's for six spaces and we have six spaces. So, we were we really reached out to say should we be coming back at all because it's just six spaces that
are just getting reallocated. Um but I think at that time we just talked that it's probably best to just >> I think I'll apologize on behalf of the city, >> right? because we've been having issues with the building commissioner. >> Yeah. >> You know, we've had one, we haven't had
one. Uh, you know, we still have an interim one. So, I think, you know, as we're trying to get through it as best we can, >> Mariela gives some good insight, but she cannot tell you exactly what it is >> because she doesn't have the authority to do that.
>> Well, I'll say when I came in 2022, I presented and the board said, "What are you doing here?" >> Yeah. So I think it's a pretty simple case. I mean I think we got to resolve. >> It's a modification of the six spaces. It just is being moved.
>> Yeah. The record plan that's on file with the 2022 decision is being modified. >> Okay. >> Okay. I'll open it up to man members if you have any questions. >> I have no questions. >> All right. Dick.
>> So you are not losing any handicap spot. relocating. >> No, no spaces are being lost. >> No, >> no. >> Bob, Robert, >> no questions. >> Okay. Then I'll call for a motion for the modification.
>> I would make a motion to approve the modification of swapping two from the side to the front without losing any spaces >> and not increasing. It's remaining at six. Okay. Do I have a second?
>> Okay. Any further discussion? >> Okay. All those in >> ask if anybody has any questions. >> Oh my god, I forgot. >> I have a couple things I have to go through. We know there's no city
representatives here. Are there any about us to the property present? like can speak in favor of anybody in the property present of the property to speak in opposition. Okay.
And that takes care of our audience which is just two people. So now we'll move forward with the vote. All in favor? >> I I >> All opposed. Modification granted. >> Thank you.
>> Yeah. just get your new plan in and >> Okay, >> all right. Now, that's that. Let's see if there's any business. Okay, I have some July 28th minutes
that requires signatures. Before we continue, I would like to ask um what would be done with um 63 walnut and not
show >> Oh, the I will make a decision on it after we do the All right. Do we have to vote to accept these minutes? >> You making the motion? >> I will.
>> Second. >> I will make a motion to approve the meeting minutes of which one of these >> July 28th. >> You are not here. >> That was not here.
I would make a motion to approve the meeting minutes of July 28th. >> Second. >> Second. >> Okay. All in favor? >> I opposed. No opposition approved. >> While Mr. Hanks is writing that, I want a motion
to the July 15th, 2025 minutes. >> I make a motion we approve the July 15, 2025 meeting minutes. Second. >> All in favor? >> I >> I approved. >> We have another seven minutes.
>> July 28th. >> I thought we just did July 28th. >> I thought you did, too. >> That one over there. >> I just took it out of here. >> Where's the other one? >> What? >> Which one you have? What's the thing?
the 28th. >> We have duplicates. >> What's the date on this one? >> July 28th. >> Oh, we just did a over there. How about July 15th? >> July 28th.
I don't have don't have a place to sign. >> No place to sign. >> Well, Robert Rice can sign. And you weren't here. >> July 28th. >> Yeah. I don't think so. This has >> So, it would have to uh >> This one has signature page.
>> That one does not. >> No, >> neither does that one. >> No, I signed that one. >> No, it did. But my name wasn't on it. >> Mr. Rice is on it and he wasn't here. >> I said I'll put yours on. >> Get it back.
>> July 15th. >> Be July 15th. Ready for July 15th. my name very signed. So I've already done July 15th and July 29th 28th. >> Okay.
>> Correcting the signature page now for >> I don't have it. She's got it. >> Do what? No, just give me >> what I have. >> June June 17th.
>> It's already been signed. Wait, before Lori deleted the sign, >> I was here. >> Do do you know if if Mariela, do you know if if we voted to approve the June 17th prior >> the June, it would have it written in front of a little sticky.
>> No, it would say vote if it wasn't voted on. >> No, it says it's been voted. >> It's checked. >> Okay, just wait on your signature, >> right? That one's completed. >> Who's that?
>> Oh, Rice. feed the same. Marielle, I'm going to just ask you again, Mr. Trevor Brown and Cameron Cam Camden Brown. Are those the new individuals?
>> They were the potential buyers, but the contract did not go through. They did mention that they would like to withdraw without prejudice, but when I requested a letter um for their withdrawal without prejudice, uh they
said they would be showing up tonight and unfortunately they were not able to show Okay. >> Did they agree to do the withdrawal without prejudice >> or not?
>> They mentioned that they were going to discuss it. >> Well, then what I'd like to do is they're not here. We haven't heard from them. They were still in discussions. What they going to do? >> Continue it. >> I would. Huh?
>> Would you like to continue it? Would you like to continue this? >> I think we should. >> Yeah. >> Okay. Make a motion. >> I would make a motion to continue the 63 walnut case. >> I'll give you the case number. Case 2025
0702 special permit >> to the next meeting in September >> which would be what? September >> 16th. This will continue to September 16. >> Second. >> Second. >> Okay. Any further discussion? All in
favor? >> I >> opposed. No opposition. Okay, Mariel, you can inform that but we continued it to September 16th. Okay. >> Thank you.
>> Any more business before the board? >> No. Do you all have anything for us? >> Yes. >> Good evening. Um, >> you wonder why I'm here. >> I know. >> Well, I just thought maybe you >> I thought you were bluring. >> I thought maybe it was date night out and you're like, "What can we do? Let's go to the guy on the zoning board."
>> How do we clear this up? >> I'm a date. What can I um chair? >> Would you Yeah. Can the microphone, please? >> Good evening. >> Good evening. >> Yeah, but I I Yeah. Um, Chairman Lefont,
good evening. Good evening, members of the zoning board. Um, some of you may know me, may remember me, Colleen Leerrier. I worked here long ago at at city hall for Mayor Kelly and Mayor St. Helier. So, I was down in the corner office. Um, got to know some of you very
well back then. Um, but what brings me before the board this evening is a matter that um has occurred over the course of the last week. Um, I reside here in the city. I've lived here for about 45 years now. I can't believe it's been that long. Um, I live over in um
the South Gardener area. I live on Sunset Road, 96 Sunset Road. And um I have a neighbor at 90 Sunset Road. Um his name is Harold Lebuff. Um some of you may know him as well. He uh has Shane's hot dog stand down on Union
Square and he works a lot of the events um throughout the community and throughout neighboring communities um providing uh food and services to uh folks that attend these functions. Um long story short, um we're a very tight-knit neighborhood as some of you
may know and over the course of uh this not this past weekend but the weekend prior um Mr. Above actually uh had Davenport Paving come and uh create a second driveway
um directly adjacent to my driveway. Um unfortunately um Mr. Lub has habitually abused our good graces as neighbors for many years. Um he has parked both recreational um at one point a boat
bigger than my house um and commercial vehicles all over his lawn, front lawn, sidelines, back lawn. Um I've been a good neighbor. I haven't complained, but um what has transpired now um has just created a a really I mean I'm I'm so
seriously agrieved. It's it's actually affecting my health. I can't believe I let it do that. But um you know after all this time and so many infractions on his part I just I I needed to bring it to someone's attention. Um councelor Durowitz our w 5 counselor was made
aware. I did also make um the city engineer aware of what has transpired. Um and I probably should have gone before the building department but um there are some issues as you've already mentioned this evening. Um, and um, I
just to be honest, I don't have confidence in uh, the building department doing the right thing, at least by us. And I say that because um, about a year ago when I had just I thought I had enough at that point. Um, I asked my husband to reach out to the
building department and question if this is allowed, you know, why this individual can park a commercial vehicle on a street um for, you know, hours and days without, you know, I mean, I thought somebody with commercial vehicles in a DOT tag. Um, there are
rules and restrictions um for that kind of thing. And um my husband made a call to the building department and I'm not sure who he spoke with at the time, but the gentleman basically told him to tread lightly where Mr. Labbuff is concerned and he looked at a map and
said, "Well, from what I can see, according to the map, your vehicle is parked on his property." Which is not the case. Our driveway, you know, has been the same driveway. We've not been able to um change our driveway in any way um for the past, you know, teen
decades because of the situation. You know, our home, we have a small uh ranch style home that was built in the 1950s, one of Mr. Lechian's developments back when. And um our home is on a a radiant, we have radiant heat. Our home is built on a slab. We have no foundation because
of the high water table in our area. Um, and so, you know, the the the vibrations, the extreme vibrations that um will result from any work like that being done um could definitely be detrimental to our heating system. And I
can tell you that when they had this heavy equipment next door, you know, making this additional driveway, um, it it shook my entire house. I mean, it shook things off my walls, cracked my ceiling. Um, I don't even know if there's been any damage to my heating
system and I won't know the full extent of that um, if there is any until the wintertime. Um, I have outlined everything in a letter um, that I addressed to you, Mr. Leond, as chair of this body. And, um, I just I'm I'm very
concerned that, you know, given the circumstances, um, I don't know what's going to happen. I don't know. um you know, he's done pretty much what he wanted to do with his property all of these years. And he basically told us when I asked him if he had a permit, he basically told us that he could do whatever he wanted on his property. Um
not to mention the fact that he is in violation. Not only did he not obtain a permit to either resurface his existing driveway, but he definitely didn't obtain a permit to put in a new driveway. Um he doesn't have the 200 ft of required um frontage from midpoint to
midpoint. Does someone ask you that? >> Yes, sir. And the hard surfaces that he has already created, two, one in the back where he has his trailer parked now, big travel trailer, and one directly next to my driveway. Um, don't have the five- foot um, you know,
setback requirement. Um, and and and last, I really need to mention that um, I have serious concerns because again, we have had some severe flooding in that neck of the woods. Um there is a catch basin that drains directly into I mean if he's allowed to build that secondary
driveway. There's a catch basin right there and um you're going to have you know even if you left it a gravel surface you're going to have rocks and silt and petroleum byproducts running into um the city's water drainage system. And I I think that's going to
cause additional problems for people in that area. Not to mention the runoff that's going to go in front of my driveway and my property. Um, and lastly, the environmental impact. Um, you know, I mean, this gentleman comes and he cleans his vehicles. You know, he
used to empty his boat's village tanks into the storm water system. You know, I I just I needed to bring this before this body so that somebody could take a look at these infractions and hopefully um, you know, stop this from from
continuing. I mean, I every time I hear a heavy, you know, equipment, I'm afraid it's a it's a pavement truck, you know, coming to lay asphalt directly next to my home. Um, and I just, you know, that it's it's already it looks horrible and
it's already detract, you know, it's it's going to maybe it'll increase the value of his property, but it's decreasing the value of mine. I can't enjoy my sideyard. I can't enjoy can't leave my windows open. um just the dust at this point, but eventually it'll be,
you know, the the fumes from the the asphalt or whatever they happen to, you know, put down. Um it's it's really a hardship um for us and I, you know, I'm I'm hoping that someone um you know, in in you know, in their wisdom can um look
into this and hopefully um help to remediate this matter. Well, you definitely have some issues there. >> Yes, sir. Yes, sir. >> And we do. >> I know Dick Harris, he's an assistant building commissioner. Uh, so he's
probably fully aware with a lot of the things you've spoken about. >> I mean, >> you said he does not have any permits. Unfortunately, the board from what you explained has no authority to act on these
>> unless there's a violation >> to me. and you you'll please answer if I'm off. The violation would have to come from the building commissioner or claim that you put your driveway in without any permits. It's too close to
the property line uh not the 200 ft requirement between the two. Then he would have to issue a decision. >> Now your neighbor could come before us >> of course. Yeah. for a variance or
whatever special permit then you could see it could be approved or denied. You know, it seems like he doesn't really care what it is. He's just planning to do what he does. But at that point, then it becomes legal action and
that brings in attorneys and not at the expense of the city at your expense. Will it resolve the issues? I'm not I can't say it will or it won't, but it's an avenue of legality that you can't go. But I
Mr. Hanks, I would suggest she meet with the building commissioner. >> Yeah. So, >> and have it inspected and so he can mark out what's wrong. >> So, as Mr. Leon alluded to, I'm my building commissioner enforcement officer. Not here. >> Oh,
>> not here. >> What about the city engineer? >> So, hang on a second. So um this body is not an enforcement body. We are here to hear um appeals and special departments and variances. So um again if your your
first avenue should be with the building commissioner zoning enforcement officer site like give him a letter him or her whoever's there now explaining your concerns. Uh the city engineer is an excellent place to start because a city engineer would be involved with a
driveway. >> Yeah. and he's a great guy. Awesome guy. >> Yeah, he said that, >> you know, so he he he could notify the building department as well, but it seemed like you have other issues going on as well. So, you know, I think a nice letter to the building department.
>> No, you would like to speak on that. >> Board of Health and Conservation, too. >> So, so, so you have a a good makeup of people here. I'm a building commissioner's own enforcement officer. She's Lori is a border of health agent and
handles conservation issues as well. So >> not in gardener >> when right we're not in gardener. We reside here but we don't enforce anything here. >> But I'm concerned in the building because I tried to contact last year and they told me to tread lightly.
>> Well, put it in writing and serve it to them. >> At that point I just okay just moving as go I can live with that. Once they dug up the the lawn and filled it in with gravel and I think they want to pay
once that that's permanent. You know, we can you can live in the vehicles going back and forth or something like that. Once you get permanent spot, that's >> Yeah. Well, at your suggestion, I will redirect um the letter uh the correspondence that I have this evening.
I will redirect it to >> my my advice to you would be to write a letter explain the same stuff you just explained to us your your concerns and what you feel are violations of our ordinances. Bring it to the building department, have them day stamp it in. They have a limited time to respond to you. >> Okay.
>> Okay. >> I'm sorry, Mr. Bill Inspector. >> If you can if you listen to this, >> if you can put dates to it, too. >> Yeah. Oh, I have. Yeah. >> And I mean that's what that gives a lot of credence to you. >> And I think you have, you know, conservation >> Yeah.
>> building commissioner, uh, city engineer, they all get a letter, >> you know, so, you know, back to Lor's point, are there wetlands close to where he's been excavating? And >> well, I mean, there are wetlands. In fact, in in in the neighborhood where we're located, we're sort of on the
culde-sac. And two lots when Mr. a chance had those um homes built for his development. Two lots at either end of that area um were supposed to remain wetlands um because of the high water
table. And in fact, that's why a lot of the homes were built on slabs because putting basements in. Mr. Loy, I'm not sure if anyone knows um the LJoys. Um he was a teacher here in the city for a number of years. His wife is a nurse at the hospital. um they actually tried to
put a basement in their home and it flooded so they had to you know fill it back in. >> Yeah. Well, high ground water may not be the same as wetland. So it could just be high ground water but again if it >> um you know you you know a wetland you should be able to identify that as you
know it's wet there wetland species growing in it. You know you see cattails that's a good sign or different wetland plants. You know, if you believe that he's within 100 ft of a wetland, then conservation could have jurisdiction on any soils that he disturbed. >> Okay. >> Okay.
>> Okay. May I >> Yeah, absolutely. >> So, I I did hear um part of that at the beginning um when you mentioned that your house was shaking. I did receive a complaint about a house that was shaking. Once I took in uh the written
complaint, I forward that over to the uh inspector. They usually do their rounds into the invest appropriate investigation and determine whether whether if it's a civil matter or if it's something that violates a code or a solding ordinance.
Unfortunately, at this time, we only have one. Um and at this time, we also have a voting commission >> who is not here to junior.
>> So we do apologize that we don't have the appropriate staff at the moment but we are working on it. >> Actually someone did come down from the building department. They came down in a building, you know, in a truck. I recognized the vehicle and they waited.
Harry wasn't at home at the time and they waited for him to come home. And when he came home, they walked around the front of the property. And I mean, homes are so close. Basically, Harry told him that he wanted this driveway, unpermitted driveway to drain into the
catch basin. He already told whoever it is that came down. That's what he wanted. >> Another individual, I just mentioned to Mr. eggs. Uh the building commissioner should refer but al also to the city solicitor.
>> That's uh attorney Vincent Pucetary Jr. >> Yeah. Yeah. >> And so I think you've got a number of people you need to have your letter >> okay >> go out to all of them. And I mean depends what this excuse me what decisions they make.
>> Okay. you know, somebody could end up before this board, you know, for a certain violation. But at this point, >> you know, and again, you know, I mean, this this perhaps is putting the cart before the horse, but um I also know from experience that if you don't get ahead of some of these things, sometimes
it's too late after the fact. >> Yeah. So, so, so the biggest thing you have to keep in mind again that someone may be coming before us at some point over this >> through an appeal or a special requirement, a variance, whatever the case may be. So, so we really can't be deliberating too much on this. We can't be discussing too much because someone
may be coming before us and we don't want to be tainted as a one-sided, >> right? >> And we so so our guidance to you would we start with a building official. >> Okay. >> Uh they're there to they're the enforcement only enforcement officer. All right. So that that would be where where you really want to start. Again,
Mr. Oliver, great guy, city engineer, you know, make him aware of of the additional driveway because he would had to approve that through a driveway permit. So there there's your couple avenues to start with. >> Okay. >> Okay. >> All right. Thank you. Thank you very much. Thank you. Appreciate time.
>> Okay. Any other business before the board? >> Motion to adjurnn. >> Motion to adjourn. >> Second. Okay. Any discussion? None. All in favor? >> I I
meeting adjourned.