[Music] It's 7:10. We open the meeting and it's televised by area 58. We got four members in an alternate and uh
we need him to come in. He's going to come in and we need you to vote. Yeah, we need you to go tonight. So, you are again. No, we're asking you to keep in the wrong room.
We're over on the other side of the building. It's all right. Where is everybody? We just started. We don't have anything ourselves waiting like where is where is it? Okay. But there's still nothing you're going to start. I know that.
Where's this gone? Okay. Well, wing it. There's nothing. There's nothing to read. Nothing to read. Well, we're just um we all went on the on site. Yes. What you guys think? Um basically what we thought of before.
You know, we looked at the area itself. There's only one place you can put that. Mhm. And it seems to uh it seems to fit in the yard fairly decently. It's it's back a ways, so it's not blocking the view of the the neighbor. that's across the street down right beside him.
Um the garage seems to fit in the spot. It's not a it's not over overkill or anything that's in this spot and the other two feet doesn't seem to do any kind of a problem with it.
No, we staying with a 24 26 or we're going with a 26 26 26. And what do you think about it? I didn't make it to the onsite. Mhm. Dave. Dave was there too. Yeah. What do you think, Dave? I don't know about it. Did you say it?
Didn't even know about it. Some gentleman must have put a 26x 26 on his on his property, but it's just a garage. And uh so is the variance for is the variance for the closeness to the sidey yards or
is it because of the size as well? No, because of the the side you got a fault line. It's the setbacks. We approved this last month. We approve last month was not able to make the problem of it. He had uh
it was a 24 by 26 and he had a It was a mistake. Mistake on the on the drawing. So, we approved the 24 x 26, but he come back uh for a 26x 26. Okay. Yeah. I mean, there's no room down there
anyway. So, if you couldn't fit it somewhere, I mean, that's the only place where you can put it on the property and uh it's not going to be a detriment to the to the neighborhood. No.
He's allowed to put a 30 by 30, but he he chose to put a 26x 26. Okay. And uh anybody else from the board wants to say anything or No, there's other garages in the area,
too. They I drove up down the street just to check to see what was down there. So, it seemed it seems to fit uh fit all right down there. It's not it's not a problem. Just is there anything with conservation because of the what's that? Is there anything with conservation? I think I admit every all the other
things here. All right. And um anybody from the audience want to say anything? I would like to say something. Hi everyone. I I didn't get to meet you last month, but I was at this last month's meeting to respectfully request
that you deny this and revoke the prior approved application. and I did hear a lot of the things the board had to say. So, I did some more research on it. And there's multiple pieces of state law that address the fact that buying a
non-conforming undersized lot is a is a personal hardship that you created yourself. So, it's not um it's not enough to warrant a hardship. uh multiple different pieces that essentially say that when you buy an undersized lot, you know, you have not
enough land and that the use of the property is still appropriate without any extra accessory structures. So granting this would be like the exact opposite of the bylaws. Not to mention the fact that these variances should be
very like says right here in Crop versus Nelson uh variances should be granted sparingly and the legal standard to want should be very strictly applied. So I'm concerned that if we apply this because size it's ignoring the fact that like size and
dimension the state has already gone over multiple times and proven that that is not enough to have hardship. You don't need a garage. that a reasonable use of the property has been satisfied with a single family home. Not to interrupt you, but we we approve
a couple of those on that area. You're kind of proving my point. If we keep continuing approving things that very clearly go against our bylaws, we set ourselves up for this position where we just already approved a bunch. No, you take the in-law apartment. Now,
if you came in for for this as it being an in-law apartment, a detached in-law apartment, we would have to approve it. You would not have to approve it because the in-laws have to fit within the still. It does. It does. I mean, it you can't say I mean, you deny this guy and then
you pass this guy and we become a circus. Yeah. We're not. We're trying to He's trying to better better his his property and try to get some space so he can put his equipment in there. Whatever he wants to put in there
is not going to be a garage. It's not going to it's not going to be used for commercial use. It's only for self storage. The state law has proven that that doesn't matter. It's incidental. It's you the use of the law has been satisfied with the single family home.
There's nothing different about his lock than the rest of the locks in the neighborhood. They're all non-conforming locks, right? But his lock is no different. When you stop picking when you stop picking on this guy and this guy, where where do we end? Well, what my hope my point here is is that I understand his play. I have 111
of an acre. I'm fighting against myself here. But the point here is is that ignoring our bylaws and breaking them so many times when we should be sparingly making variances seems to me like we could put in bylaws to protect these homes. We know which properties are
existing non-conforming. We have lots everywhere. We could do an overlay and then we wouldn't have to be doing this because by right this gentleman and myself would be able to do this without the need for a special permit. But right now, we're in a position where we're saying disregarding the rules because of
a self-made hardship. I knew I bought a smaller lot. It it doesn't seem that seems like the wrong way to go is keep making exceptions. Making exceptions. Maybe we should fix the problem, which is the bylaws not having space for the grandfathered laws. It's a hollow word with nothing behind it.
That's where I'm going with this. I understand. It's not personal. I get you want a garage. It's not incidental to the use of the property. What's the pleasure of the vote? I understand what you're saying. But in the same token, I think uh we have to be,
at least the way I look at it, any any of the properties down there, they're old. They need to be upgraded. And if we if we say you can't do that because of what you're saying, you bought the
property and you can't do anything with it. A lot of people, you know, we've looked at a couple of different they needed two or three feet to make this here a livable home. So, do we deny them because we can go back to what you're
saying? No. But it also gives us the the authority to make our ruling on this here. And that's and that's that's what we've done. We've done it to to try and help out other people on this here. You know, they need another two feet to have a a
workable bathroom. We and we understand that. So, I'm not going to deny her for that, right? So, we can give that extra extra room for it so she can build it. And she's also going to be upgrading the property. And that's what we're looking for. We don't want to have homes or facilities
down here that they can't build because of our bylaws. We have a bylaw in here right now that says if your propertyy's more than 50% if your increase is more than 50% you can't do it. Well, that doesn't really fit.
And yes, we are trying to get rid of that in the bylaws. But it's uh that's why we have the bylaw study that we're trying to change all this stuff to to fit the needs of the people of Halifax and and try to better the neighborhoods that we have like Lingan
Street, all those avenues there. People want to improve their their properties and and if you deny them the the the right to do it, then we're going to be standing in the same spot all the time. And by encouraging people to to do that,
you know, to improve their their situation, it's it's not going to be detriment to anybody. He's he's just going to be able to go on with his life and at least have a place
where he can put all his stuff in. Yeah. But like Mr. Joy, you said a bathroom that's incidental to the use of the home. It seems reasonable to make an exception for actual living space. You don't need a garage. The use of the property is and I get your point. Well, we want to be fair, but this isn't about
fairness. It's about the rules. It's about rigidity. Because if you don't rules are made to be changed and and uh modified and and made to be used by the by the town and
by the person that's trying to develop that property and make it liveable for him. And when you try to deny that, that becomes a a sticky subject. Like right now we don't even have we're doing the bylaw study and
we don't know where we are with it. I mean we're still Well, I can tell you where we are with it. The planning board is had a couple of items that they denied or they didn't like. Uhhuh. So, uh, what I'm trying to do, which is going to happen next week, a whole call, is that
we're going to try and get the planning board to say, "Okay, we know what you don't like. Well, help us. What do you what do you what do you what do you propose? Don't just say you don't like it. Tell us what you propose and then we'll take proposals if you're talking to me. Well, I you know, we want all the input
you can give us. We can't solve all this tonight. We're just going to we're going to we're going to vote on this application and try to try to do something with it tonight. And uh I'd like to get a motion on this application to see where we're going with it.
Okay. I will make a motion for ZB8-25-939 Dav uh to approve the 26x 26 garage. We have a second second. Um, yeah,
based on the fact that I wasn't here and didn't go to the on-site, I'd like to refrain from it if we have enough people to like I'm I don't feel confident that I can vote on this with All right. With Dave,
I'm I'm all right with it. I agree with this. Yes. And myself. Yes. It passes 40 to one of Thank you. Sorry to make you go through all that stuff. It's okay. Thank you for your time.
And we're not we're not we're not trying to, you know, specialty for you and everybody else that wants to come in front of the board better themselves. We're going to try to help them any way we can without going overboard, you know.
Absolutely. I agree. And that's why the mistake was made. The mistake was made from the beginning. If it was it was done from the beginning, you wouldn't be here right now, you know. Correct. And I apologize for No, I do as well. Thank you. And thank you
for coming down and taking a look and and doing your due diligence. I appreciate it. You have well-maintained property by the way, too. It uh it looks good. It does. Thanks. Okay. Thank you very much. Hello. Hello.
Hi. Hey, this is Joe Bragg, the building commissioner. I've been trying to get in. Can I can I make a comment, please? Sure. Sure. Well, thank you. As far as this project goes, the one thing that M before this permit can be issued, this this decision
becomes legal. Mr. Puzzante has to he already recorded his 24x 26 garage um decision at the registry of deeds with the wrong setback which he recorded on 81 1825.
So somehow that needs to be get get taken care of and the new decision filed correctly before building permit. I just want him to understand I cannot issue a building permit until the incorrect decision which was recorded at the
registry of deeds is removed somehow. So in other words, we have to you have to go to register deeds. Yep. Discontinue the the 26x 20 24x 26.
Yep. and put the new one to 26 by 26 when it's after it goes through here. Right. After the 20 days. Yeah. Right. Joe, hold on. I'm losing my connection. What's that? Sorry. Losing my
connection. After the after the 20 days, he would need to wait before he goes to change that. Correct. 40. 20 days. This decision. This decision. I don't know why he recorded this on 818 as my question after this
new denial letter that it was already written. I'm not I'm not opposed to the project. I'm just I was I was concerned by the fact that he recorded the wrong decision which shouldn't have happened. So now he's got to undo that, get the correct decision recorded before I even
consider issuing a building permit. I just want to be aware 20 days I got to re-record. Yeah, you'd have to go to the registry of deed. Yeah. undo the 24x 26, you know, tell them that's not that's not going to happen. We're going to you're
going to do the 26 x 26 by 26 after the the the 20-day period. Yeah. Yeah. Yep. Okay. You have to do it in order, you know. Y All right. Good luck.
Yeah. You're all set. Thanks. Thank you. You're welcome. We have a decision. Uh we don't I have nothing. Can we uh
here? We can sign that one of these. No, we need a decision. Yeah. [Music] So, we the last ones. Um, what are you here for?
Uh, pool. I mean, I put an application for today. In ground pool. In ground pool. Yes. I got that. Yeah. So, we were on the variant. Well, we were on the cessence board and then there was a glitch in the system and it pushed us back another month. But, we've
been kind of going over this since May. So, we were like, if we just go down at least, maybe we can talk to you guys and see if there's something we can do cuz we're not uh trying to move it much. You'd have to you'd have to apply. It's already been everything's been done and paid for. You applied for it already? Oh, yeah. Yeah. And then it was ahead of
it before the 18th. And then did you get rejected? No. I got an email on the 21st telling me to apply. It was a second notice to apply and pay the fees. And I told them I was like, I've already done that. And then they said there was a glitch in the system and now we have to get pushed
back another month. But we've been waiting a long time. So we were hoping to come down and touch you guys here. You haven't been denied. We we don't have an advertised yet. So you're not going to be able to do anything tonight either. It's not been advertised in the first or
second runs of the paper yet. But I don't even think if he's not denied. No. Joe Joe denied the permit. I like So we've done everything to get to this point and and paid for like but we don't have a permit. We don't have the thing in front of us that there's no way. What's that?
There's no way to do anything this month at all. No, we can't do anything. Legally, they have to add unless you have an We don't have an We don't have the application in front of us. That's That's painful. All right. I started my own pool in August and it
didn't get put in until October. So, wait. You're not alone. I'm getting really frustrated because I've been chasing it since May and I'm los I'm sorry I'm losing my type of patience. I feel the same way. Excuse me, sir. Sorry.
It has nothing to do with us. I'm just frustrated. You want I feel like I'm chasing my tail. You know what I mean? Did you go Did you ask the building inspector for for Yeah, you've been through me. I'm the builder. He's the builder. He's going to deny all that like that.
What are the What are the steps that you have taken? All of them. I we have done board when I get when when I there's a minute I will need to chime in on this one please. Sure. Yeah. Yeah. So
let me just go up to my account here. I just can't put off another month again. It goes into next thing stop freezing. Can't dig. Can't do anything. Nothing's going to settle for the spring. It's just This is my neighbor Nick which I get
here and thanks to his land. Yeah. So, we have the town of acceptance, the ZBA completeness, the ZBA application payment, the ZBA review, the building review, the health review, the conservation review, the highway survey review, the waterboard review and the fire review. And now we just have the ZBA decision. But we don't have a permit. We don't
have your permit in front of us. So, we What are we going to vote on? I don't know. We don't have I was trying to go back. We don't have your plot plan. We don't have anything in front of us. We brought plot lines. That doesn't mean nothing to us right now. What is the denial because of
um so the denial was because so technically the pool is going to encroach on the 50ft buffer from the road, but the only reason that's happening is because that road is widened after the house was built. So we're not trying to like go past the front of the house at all. We're just
trying to be still within the guidelines, but because of the road widening, it it got rid of our 50ft buffer. So, we just want to get into that. And then because of kind of the configuration of the yard, it's kind of got like a pie shaped yard. We were trying to go like 3 to 5 ft to the
neighbor's house, which kind of 10. Yeah, it's 10. So, we're going to be still over five. And the neighbor's here cuz he's all right with it. So, we were just asking for like a tiny bit. And and if it wasn't for the road be in mind, we could realistically slide the pool over to the house closer,
but we can't. So, it was like very minor things trying to do, but you have a plot plan that shows where the thing is is Oh, yeah. We've already had it surveyed. You know, unless you have like just unless you have a legitimate u
survey. So, this is the pool. And so now the front of his house is only 37 from the road because of the widening. So it's kind of killing us there. Well, we need an application. It also
needs to be advertised for I got the rejection from Joe. I thought that was all we needed to be ready. No, you need the We did the Yeah, cuz it got rejected. It needs to be advertised in the paper. We got to get a rejection so we can get
a variance or a board. Yeah. Have to really caution you on hearing this one hearing anything to do with this one. It hasn't been has not been advertised. The delays are That's not our fault, Joe. We did our fault. It's
my turn to talk as a zoning officer. It's my turn to talk. The board really should not be hearing anything. You're not on the agenda. This is not legal for you for the board to be hearing this without your application put in place. And you know my position on this, Larry,
but it took so long for you to get your plot plan and all the you couldn't decide what size the pool was. I went back and forth with Taylor on this back and forth for months. That was a delay. Sorry about the glitch in the system. But listen, this really shouldn't be
heard tonight. I I'm being honest with the board. We can have a conversation about it another time if you'd like, but they shouldn't be heard. All right. Sorry. That's it. I don't have what to add to that, but you got to go through you got to go through the proper channels to get to
come in front of the We did the proper channels, but it is a glitch in the system. I'm done playing this game. Yeah, I I get it. So, well, um I guess be back next month. Joe, what do I got to do now? What's the next application? Cuz I did everything you asked me to do. What do I need to do now so everybody can hear?
Hold on. Hold on a second. You go talk to the building inspector tomorrow and we're not going to do this right now. Right now. I'm just I'm I'm tired, man. Sorry. You got to with me. Sorry, Joe. I'm telling you right now. Listen, I had to be honest with you on
this one. No, no, that's fine. We're okay with it. The delay the delays were not on our side. It was months trying to get a plot plan. He has side he has setback issues. They couldn't determine what size the pool was going to be. We went back and
forth and back and forth. And that's part of the glitch. The glitches, it did happen. That's honest. He's true about that. But I took over 5 months ago and this is how long it's taken to get me any information to get get him to the
zoning board. I'm just being honest with the board. No, we were just trying to figure out like where this was at since we hadn't heard anything about it. So, it seems like it's with Danielle and she's advertising it. We'll hear it next month. It's very he knows. Okay. So, that was very close. I I'm sorry to
interrupt, but I was like, no, it was it was it was a surprise to us. So, we're just trying to get some more information. That's why I'm on. Thank you. Thank you for let Thank you for giving me some time. I appreciate it. Thank you. No problem. Thank you. Welcome.
And do we have anyone here for Lake Street? We have any any doubies? No, we don't even know whether they went to the conservation commission. So, uh, have you heard anything on that, Danielle, on Lake Street?
No. Last I heard, Peggy reached out to the applicant and told him that he had to have his uh, engineer or whoever it is submit it for conservation, but she never heard back from him. um a little bit. So, I'm not
really sure. Does it need to be continued because of that? Um let me look. I just I just don't have the date of the application on here. So, I think she's just checking.
She's just checking if we have to continue it based on the Yeah. Which one? This the leak street based on the date they filed it. If we need to continue it or not since no one's here. Is that correct?
Yep. He hasn't come back with anything. Okay. So, we just like So, this this one was filed a real long time ago and again um he kind of dragged his feet a little bit. So, we're kind of out there on dates. Um Joe, I don't know
if you want to chime in here because this one was so old it needed a new denial letter. I'm sorry. What was that? I was checking on something else. My apologies. It's okay. 67 Lake Street. Um, this was submitted or started back at the end of
May. Yeah. Um, and then it needed a new denial letter because it expired. Um, so I don't even know where we're at datewise on this and and I haven't heard anything from the applicant either. So,
right, the applicant has not come back to with any information. Correct. I didn't is did I issue a new um reli denial letter for that one now? Yes. Yes. So if that if that goes past the 30 days, then here we are again. You know
that he has 30 days to appeal my decision. Okay. So I'm looking right now. It looks like you uploaded that on July 9th. Let me just double check the date on it. Um yeah, July 9th is the date of your revised letter. All right. So we're already past we're
already past another 30 days. So then this is closed. No. When was the application filed? Uh May 30, May 29th. And you have 90 days. Correct me if I'm wrong. 90 days. And then you need an extension,
which as far as I know, we haven't given any extensions on it. Correct. There hasn't been any extension. So his time's up. Well, I can tell you the application was not completed until after July. When
when did the clerk accept it dated? Oh, let's see. Do we need to give him an extension? If it's close to I believe it's 90 days. Yes. And if it's but he's saying it's 30 days from his denial. He denied it from when the clerk accepts it.
Okay. Um I mean the clerk accepted it on May 29th, but then it comes to me for ZBA completeness. So I don't know what what Joe wants to go by. Um but they didn't pay it or do anything else until after July. But I believe if the clerk
accepted May 29th, you work off of that date. If the if the application is completed, right? The other issue is too is that they have 30 days to appeal it and if the 30 days they don't complete the application and
don't get moving on it, then that 30 days has expired. The application has to be complete. Right. But I I we've been through this in the past before. I believe it's when the clerk accepts it whether it's complete or not because it's not her it's not her job to make sure it's a
complete packet, but that's when the the time starts the clock starts running when she accepts it. So he's we pass the 90 days then. Yeah. May so just pass my 30 days. to appeal it and
you have to then they have a constructive permit. Y we were supposed to act within the 90 days were like a full application and I don't know if we can at this point we either accept it, approve it or we deny it and I don't
even know if we can do that. I don't have any information to deny it. We have to give him the chance to see if he wants to continue it or not. They need to extend it. But yeah, extend the You're already past the 90 days. So, you get a constructive permit, right, Joe?
Can we Can we Here's the other thing. Is is the applicant in front of you to request a continuance? No. No. Okay. That's where that's where it all goes down the board. If the applicant is not in front of you by law, he has to be that person has to be in person in front
of the ZVA board to request a continuence. If they do not come, then it's at the board's discretion as how to move forward with this. The applicant isn't there. The applicant has to ask for a continuence. It's not something that the board just says, "We're going to give the applicant a continuence."
The applicant has to request that. They be at least be in person for an exchange conversation between him and the board. Now, you can choose to give that, but the applicant hasn't requested anything.
Hasn't come back. No communication whatsoever. I'm not there in front of you to agree to a continuence. Danielle, you have no continuence, no extensions, nothing from them. Nope.
I think we're past the 90 days. Now, what the board can do is the board can do it without prejudice. So if this person wants to start over, that's at divorce discretion also.
We should have had some communication from the from the applicant as to what the applicant wants. And we have nothing. Yeah. Like a withdrawal prejudice communication with the we're not going to do his homework for him if he doesn't want to step up to the
plate and and continue it and then it's a So at this point we need an extension. So we have no extension cuz he's not here. So he's not here and uh we deny the permit. Yeah. Okay. So if we permit the permit's already
denied the building got to wait two years. We denied the permit. This guy going to have to wait for two years. That's right. What were they trying to do, Joe? What's that? What were they trying to do? I
I don't recall what this was. He's trying to put a structure greenhouse, wasn't it? Shipping containers. Shipping containers. And he's trying to cover it so that it's a that's on Lake Street, right? Well, it's not our job to chase him
forward. So, what's the pleasure of the board? Do you want to I mean, you can't show up. You don't that you're not going to show up. It's not that important. Yeah. It's not important to him. That's Don't waste my time.
Anybody want to make a motion to I'll make a motion on ZBA25-8 for 67 Lake Street um to deny it. I'll second that. You second it.
Sure. Okay. Any wasteful uh Dave? [Applause] Yeah, I guess I don't know anything about it. I really don't. I thought it was a greenhouse that he wanted.
Well, it's it is a greenhouse. It's a greenhouse that he's intending to build. Is a greenhouse. Yeah. Even though even though it's a temporary structure, he still has to come up and go through the motions to Yeah. You know, we don't even know if we want the the
conservation. So, so are we voting a yes as approval or a no? We're denying the permit. So, if we're to deny, you vote no. Yes. Okay. So, Tino, you were
I say he doesn't get to do this. No approval. Okay. But he has no approval. Damn. No. I'm a No. No. No. Oh, they're makeshift. Daniel, I got some really stellar decision letters
here. Yeah, don't worry about it. Sorry. I'll just put them in the box. Thanks. Do we have any bills or anything we have to do? Bills, meeting minutes, anything.
That's it. Thank you. [Applause] Thank you. You're welcome. Close it. Anybody want to make a motion to adjourn? I'll make a motion to adjourn. Second, third. All in favor?
I [Music]