e e e e e e e e e e
e e e e e e e a couple minutes yeah couple couple more minutes I'll give you a thumbs up when I'm ready I think he's training
yeah you just e e e e in a minute I'll tell you come up public hello relax relax hello hello it being a little after 7 p.m. on uh
April 2nd 2025 let's open the Kingston zoning board of appeals can I get a second second all in favor five five very good first on the agenda for tonight um is Mr Mark Moore 81 hen's Lane please read it a public hearing
will be held at the Town Hall at 26 Evergreen Street room 200 on Wednesday March 19th 2025 at 7 p.m. applicant Mark Moore 81 Holland Lane math 8038 lot 191 seeks a
special variance from the required front yard setback from Lay Road to build an open deck variance being requested under the language of the Kingston zoning bylaw section 10.4b
mgl very good Mr Mar step up to the mic in the middle you'll see a thing that says push push it you see a little green light come on all right before you start talking um I just want to explain to you that we have three board members and you'll need
at least four at at any even if we have four for a super majority in order to get a vote whether it's a special permit or the variance you're requesting um also if this really truly is a variance um maybe we should check into a little more since it's a special variance in
variance um but it looks like it is a variance because you're looking for a a setback from a um a road which is usually 50 ft um that um a VAR has a very high standard you have to have one of the you
have you have to argue one of three you you have a soil issue you have a topography issue or a shape issue one of the three you have to pick we can't help you with it you have to decide one of the three that's going to be some one of your arguments that you have to actually
kind of Bank on um so that would be when I say soils you have land a lot of land but it's mostly Marsh and your house is built on the only High High Ground stuff you know topography you have a huge mountain or a huge Cliff or a huge Rock
uh shape it's misshaping and you you know there's a house built inside of your shape because it was cut by family or it was misshapen over time um so th those are one of the three arguments you have to kind of lay yourself on and then
make your argument of why you should get like I said that higher standard of a variance you're really going above and beyond where special perm is saying we have a problem we're not trying to add the problem but we're trying to you know do a little more so and again once you
start and you start giving us you know test not testimony but you're giving us evidence of what of your stuff we only have one more meeting for one either Doug lane or even Marsh of the alternate to watch it to view it get caught up and
then you're ready to go your other option is you can say listen um you guys have the paperwork this is what I'm trying to what's in front of you currently I'm not going to give you anything any you know evidence of what's going on and I want to continue it to either the next meeting
or whenever but I just want to make sure that you have all that information so that you can digest it so I'm not putting you in a position where because the only reason I say that is if you get denied it gets denied for two years so I just want to put that all out
there you know okay so so here's the thing it it seems to me like it got miscategorized um I don't think this is a situation because based on those three criteria that you just explained I don't have an argument for any of those um that's what that's why I was giving you
that high that such a high standard so so I'm inclined to wait try to get this recategorized the proper way you right but but I want to make sure that you do so my curiosity because you say your house is on Howen Street um and you're up to l
Road I'm I'm curious if they're saying that you have two front edges you know what I mean so you would I don't want to get into too much stuff cuz I don't want to screw it all up um I'm curious if the variance reason is because of it being next to l Road actually
um Dave you're there I just want to ask this if if this is written up correctly this is written up correctly as a variance I don't want to get into the whole uh the meat and potatoes of it I just want to make sure that it's written up as a variance because of it being on two rows
so I had a conversation with uh Paul Armstrong this morning regarding this project as it related to another one that we were going to be um reviewing for the zoning permit in this case uh Paul explained to me that his reasoning for the denial on the zoning permit was
it is a corner lot uh under the zoning bylaws zoning um the setbacks do have to be met from both of those streets which in Paul's explanation was 25 ft not the more stringent 50 ft because it is a pre-existing non-conforming okay uh so
the side deck would not meet that now the reason that Paul denied it initially is because um the building as it stands on the property was conforming or it is conforming it meets all the required setbacks for the lot size that it's on
you say it's a big the deck correct adding the deck now would then increase non-conformity so um I question the the reason for the the need for the um for the variance over a special permit I do
personally think that uh given similar situations that we've experienced with the zoning uh it should have been classified as a special permit um it could be argued for the variance uh on the lot shape because um the owner don't
be giving out too much stuff for people I just want to ask why you think it was a variance that's something for him you okay it was explained to me that it was uh because it was the home is existing conforming adding the deck makes it
non-conforming now that was what I was told all right all right so that makes sense so I was going to say you have a pretty big lot for uh for Rocky Nook at 12,000 uh 12,000 Square ft um so that is the reason why it's a VAR it's because
you you have two two front your house even though it isn't you have two frontages um um I pull the board my suggestion would be to maybe continue it and try to see if you can get two more
board members or a full board um and maybe talk to the Building Commissioner because you do have a high standard of this variance that I was tell you know that you now are aware of um maybe you can make a compelling
argument that would sway like I said if you have five members you just have to get four right super majority and I don't want to put you in the position because it only takes three to fail it four to pass it I mean since it's categorized properly right we just
established that yes he said it's it's established that way because it's on two you have two front two front doors basically even though you're considered Howland right you're so close to Lei and you made your house made all the setbacks that was required so you're you're actually taking it out of
Conformity um which is a tough case um so I'm not saying that your shot isn't over I'm just saying you might have a better shot if two more members are here or even we get more more members you know what I mean I mean our alternate shows up in case it does but I don't
want you to give it any any facts and have it make it that you have to do the mullen's rule and then say these two don't get caught up or Maria doesn't get a caught either our associate and then you're stuck with three I I think what I'd rather do then is
schedule to a later date when we can have at least four people show up yeah yeah I mean it's h meeting we hope everybody shows up we just don't know y um like I said it's conflicting and whatever um so I'd rather try get like how much time or if I reschedule we talking months weeks so the 16th we have
kushman farms in oh how do we have kushman Farms I thought that was supposed to be on tonight well we continuing it oh they asked for we contined okay kishman farms and what two Tre didn't we already see that I sent it
to you oh maybe I read it already yeah um so we can continue it from two weeks out we might have a more full aboard and if not give she need a call around 6:45 sometimes we sometimes we know sometimes it gets on edge like I
said CU some some it's just yeah 16th should be fine the week after no I'll be away but the 16th should be fine what day is that that's that's also a Wednesday okay 7:15 it would be okay um someone want to make a
motion to continue this to 7:15 on April what 16th April 16th I make a motion to continue How Lane uh till April 16th at 7 7:15 so 15 okay second second all in
favor I I that's the week before Easter right correct Easter that's Sunday I'm just making sure because it was a week it was a week after it was April vacation 20th all right so we did no testimony so
it's still unopened um it's just sitting perfect it's how I wanted it thank you yep all right see you in two weeks thank you thanks yes so kushman was supposed to be here tonight um have they given you any
money no I'm Wai oh wait oh Mike's turned on oh there you go I'm waiting for um Pat Brenan to send an invoice over and then they'll cut a check invoice for what they haven't done any work yet they
reached out to him about the peer review and I did too so they want to see an invoice of what he's going to charge that's not how I think we okay so uh why don't you reach out to them and say they better put you know 7500 in the kitty all right I'll
send before the next meeting or it's going to look like they're not even trying I'll send that to Megan Dutra and Tanya she knows that they should already that money should be already there why would why would a contractor even want to do the estimate if they're not even
put money in it and then come to find out they they pull out of it and they put hours into estimate right um so they they should have had the money to you a day after especially for something that big um they want to
continue it to 16th actually we screwed that up now they have to go after the 715 because they're not number two they're number three okay um so we have it what 7 o' who seven so we got seven at brain
tree you said 7:15 or what you say 715 who's at s81 tref yeah so Brin Tre is at 7 7:15 is H so then 720 so can to get a continuance of
krishman farms to April 16th at 7:20 I propose to have a a continuance to 720 on April 16th for kushman kushman Farms second second all in favor I I
very good we have minutes and do we want to discuss um dates the kushman bom visit so we could give them a couple dates or we'll wait until the 16th when everybody's here yeah we'll have to get a bigger board um just because so
they've asked if we wanted to go out and see the site um and I figured it's that's a board question that's not a me question I don't need to go um and if we do want to see the site um we got to give some dates but I don't know if we want to wait for you know Marsh should
be here and probably should you know what I mean yeah again I'm just putting it out the board yeah I'm good I don't need to go um and then the last up for some dates so we can open it up whether we go or not don't matter I get it um so
I just figured I'd put it out there first and then whether there more of a board we can say is it is it a reason is there a good reason to do it maybe it is um and then minutes everyone read their minutes 16 1120 and
124 and their waiver is good to when July July the end of July so we'll ask him for another waiver at the next meeting says Rick Lincoln explained the revised development plans which include reducing the number of units from 62 to
144 is that opposite say that again it says it's done changes from 62 units to 144 no it's the other way sorry okay okay I didn't know if the numbers were this wrong I think on the back say challenges for
with water and sewer says uh Rick Lincoln mentions state law requiring a fire department connection for water even if domes so for private water I guess that would be I don't know or for water on site in other words it's not Municipal Water I don't know how to
explain that without saying that yeah we just got to change the 62 to 144 it's on the last paragraph as well Clin mentions the state a about connection for water even if domes is is not available does that sound right does
that seem correct on the back just trying to get that right oh it's two sets of meetings here okay I make a motion to accept the uh minutes from 11 2024 with just we change the 62
to 144 back to 144 to 62 was amended yeah please take a second second all in favor I by looking at 12424 for it's pretty good to me yeah I propose to
accept the minutes of the swy board of appeals for 12424 can I a second well question we're still at 144 units two
Billings in December right oh you're talking about the top page there yeah yeah all right cuz we could scratch that 144 to 162 so that's what it is okay that's 14 all right so amend so the
minutes we just we did okay it's not it's it's it is 144 to 162 yeah so so don't reverse it it was just we were missing a 100 there right one 162 to 144 so I propose we change to
162 to 144 units for the 12424 minutes which is also in the second any 16 second page as well good pick up there Kevin all right with amendments can I
get a second second no get someone else second all in favor I I all right so the number is currently 14 144 confusing with all the numbers he got going left
right all right uh nothing on there else anyone can make a motion to Jour if they want I make a motion to Jour the um zoning board meeting on April second I will second that motion Mr rington all in
favor hi hi thank you good night e e