##VIDEO ID:TFnkjZabls4## okay ready hegan how you doing Happy New Year good afternoon didn't I just see you yeah somebody walked is this the third itation of this place I thought they were on okay huh yes 106 is off yeah they fin they paid their ESR today but they didn't have a planner oh we'll go without a no he won't you not a play oh we're going to get so you're going to get him up the speed in about three hours think so the meeting will please come to order the meeting of the board of adjustment for the Bureau of Somerville for January 15 2025 will please come to order adequate notice of this meeting as required by the open public meeting act has been that on January 18 2024 a copy of the notice specifying the date time and location was posted on a bulleon board outside of burough Hall given to the clerk administrator mailed fact or email to to the CER news and placed on the burough website if any member believes that this meeting is being held in violation of the open public meeting act please take your views at this time these proceedings are of a Judicial nature proper judicial decorum will be maintained and the only things that we can hear or discuss or the things that are on the agenda next item oh next item is pledge pledge to flag United States of America the stand na indivisible andice okay let's see next item we're gonna swear in some people we're doing enough of that uh Stu Brian um and Ed would you all please rise one time okay Ed you're senior of the United unit States States states and in the state the state under the authority of people theth of people I do fur ith all the bille to the best of my ability of my ability so help God congratulations what year is that in I have no right stes and of a lot of theti of the United States stes theit EST in the United States St furth all right still ofp people have so this is your first full appointment still you came on last year last year you replaced a Dan yeah and doing a good job you really are we have a great board we do have a great Board second time the 20% increas is out I I just want to say I I go to Council meetings I go to planning board meetings we as Brian always calls this two and a half square miles of awesome we've got some awesome people serving on boards in this town I'm so glad I live here that's it okay roll call please chairman Adair here Ed allet here Roberta carpinet is excused tonight Morgan McLaughlin here Rich O'Neal here Brian Vimy here John Flores here Eric Alvarez here Stuart Daniels here next item is the election of officers we have a um a nomination for chairperson or nominations for chairperson are there any other names was some move that the nomination be closed second all in favor the name of already there has been proposed for um chairperson a roll call please chairman Adair yes Ed allet yes Morgan mclin yes Rich O'Neal yes Brian Vimy yes John Flores yes Eric Alvarez yes and steuart Daniels yes thank you I really appreciate that U nobody else wants next uh Vice chair would someone um nominate someone for the Ed second second are there any other uh names someone like to move that the nomination be closed move second all in favor I roll call for election deed chairman Adair yes Ed allet yes Morgan mclin yes Rich O'Neal yes Brian Vimy yes John Flores yes Eric Alvarez yes steuart Daniels yes yes okay we have uh some other appointments that have to be made guess we have yeah we do them all individually because money is involved uh some like to move uh for an attorney okay we'll do secretary yeah secretary someone like to move Ryan Ryan very good any other names okay close the nomination someone to move move move second all in favor okay uh sorry Ryan it's just been one of those days would someone like to uh it's moving a second roll call please chairman Adair oh definitely yes Ed allet yes Morgan mlin yes Rich O'Neal yes Brian vinsky yes John Flores yes Eric Alvarez yes steuart Daniels yes okay welcome aboard congratulations we're expecting great things from you next our attorney GI second mov second any other names someone like to move the nominations for attorney be closed moved move second all in favor I I okay the name oford Givens has been submitted as attorney for the board roll call please chairman Adair yes Ed allet yes Morgan mclaughin yes Rich O'Neal yes Brian vinsky yes John Flores yes Eric Alvarez yes Stuart Daniels yes I'd like to make one comment yes that I've been extremely pleased with the resolutions coming on a timely basis I think that's been the best difference on this board and having them by the next meeting to move them is critical to us and very pleasing that thank thank thank you Mr O'Neal and I want to thank the board for its vote of confidence I appreciate it it's an honor it's an honor to represent you next item um planner engineer Associates move Michael Colon Associates second second move the second any other names move that the nominations be closed move second second all in favor I the name of Michael col Associates has been submitted for planner engineer roll call please chairman Adair yes Ed allet yes Morgan mcclaughlin yes Rich O'Neal I'm still thinking but yes I told about thinking yeah Brian vinsky yes John Flores yes Eric Alvarez yes Stuart Daniels yes yes thank you congratulations congratulations Mike we have a um would someone like to move the uh nomination of Mike for our uh reporter orograph stenographer I move that second got to spell the we okay it's been moving second if Mike to be uh our transcri reporter someone like let move second roll call please chairman andir yes Ed allet yes Morgan mcglaughlin yes Rich O'Neal yes Brian vsky yes John Flores yes Eric Alvarez yes steuart Daniels yes it it did see he has the job that I always wanted uh I know it's never too late to have a happy childhood but uh at my age a career change I don't think so I was telling somebody about age I used to think I was old when Victoria Secret catalog came from My Wife and then my daughter that's when I thought I was old I was now I know I'm old when the AARP magazine comes from My Wife and daughters that's when you're old to making a career change no bad enough I had to give up motorcycle riding you'll find out John okay you yeah well I just sold one all right one down two to go now I've lost my place okay um what up like to move for the approval of the minutes of our October 26th meeting moved or October 16th meeting mov move second all in favor opposed Carri okay um we have some resolutions um could you please read that mic that mic um Okay resolution 25-15-1 establishing the 2025 meeting procedure meeting dates January meeting dates for 2026 someone like to move it move move second roll call please chairman Adair yes Ed allet yes Morgan mclin yes Rich O'Neal yes Brian vinsky John Flores yes Eric Alvarez yes steuart Daniels yes okay next resolution 25115 d002 designating official newspapers I'll move it but where do you get a newspaper yeah right uh the official newspapers are The Courier News and Star Ledger right move second roll call please chairman Adair yes Ed allet yes Morgan McLaughlin yes Rich O'Neal yes Brian vsky John Flores yes Eric Alvarez yes steuart Daniels yes Carrie you have to excuse me these lights are kicking my butt 3200 degree Kelvin lights mess with me next resolution uh 25- z115 d003 authorizing the award of a non-fair and open contract to F Clifford gibons as zoning board attorney someone second discussion roll call please chairman Adair yes Ed allet yes Morgan mlin yes Rich O'Neal yes Brian bsky John Flores yes Eric Alvarez yes steuart Daniels yes last resolution 25- z115 d004 authorizing the award of a nonf fair and open contract with colon Associates to perform engineering and planning Services as as a zoning board engineer and planner our last chance guys let me tell you something if we don't appoint Michael there's 563 other municipalities in the state that will snatch him up in a minute they'd be a fool not to don't tell him like that he's gonna raise his rates right do that we'll give him fluders with no money you're my moving second with Michael Cole second moving second second okay roll call please chairman yes Ed allet yes Morgan McLaughlin yes Rich O'Neal I'm still thinking but okay I told you about that thinking stuff gets me in trouble Brian Vimy yes John Flores yes Eric Alvarez yes steuart Daniels yes land use application the uh application for 106 Veteran Memorial Drive will not be heard tonight we have um problem have to re notice and we'll see how we can fit them on the schedule we anticipate that you know I I think we anticipate that it'll be on for the March meeting correct I believe it might be April now after discussions okay I mean the applicant you know the applicant should be notified that correct um there was a uh there was an issue in terms of well as as we discussed prior to the meeting uh very briefly you know there were issues isues in terms of the uh posting of the escrow and some other concerns so uh and the applicant did not have a professional planner which is really obligatory for a d variance and uh so the matter is being moved uh I think we should though how I mean I mean hopefully hopefully you know I understand we couldn't get them on in February and maybe March but you know let's try to you know I I think we uh we should just let them know that they may be on for April okay yeah we'll do and if there's any questions certainly I'm happy to help you with that in terms of inter interfacing with the uh applicant and or its Representatives okay I know um we've been talking about this we've been seeing um an increase in application even when Tony was here increase in applicants not filling out the paperwork properly or in this situation escrow well you would add I I know the issue with escrow is funny it's not necessarily limited to Somerville I mean this is an issue I know I wrote an applic I wrote an article about it for the uh njpo Journal uh because the the rules for escros can be every municipality is supposed to set escrow levels and how much needs to be proposed and you know basically we and what what has to be posted and there is a general obligation on the part of the applicant to continue to keep the escrow at an acceptable level you know essentially you can't come in you really shouldn't be coming in before if you filed your application and you have no money you have no money posted uh we had that tonight and um you know a lot of last minute uh a lot of last minute discussions you know ultimately we moved it but the way the law works the way the mlu all works you know we do a uh we we essentially the board secretary and the board planner and engineer determine what exactly the relief is going to be that's needed and Beyond the posting of basic application fees there are certain escros that need to be posted so the planner the attorney and as necessary other uh well the court reporter in certain instances uh you know all that all those fees are taken from escrow they're not paid out of the Township's the pardon me the city's coffers the town's coffers they're paid out of that escrow fund so it's generally an article of faith that if the applicant has not posted escrow you can't go forward because there is a uh you know there's an issue with you know and we of course require it as a condition of all our approvals that applicants have to have to pay any escrow fees as a condition of approval if they don't they're essentially they can get a stop work order in extreme cases sometimes the relief is more extreme because it's failure to comply with the condition of approval and what that means generally is that we'll get the applicant back here in certain instances if they're really defying about it you can essentially nullify the approval uh I I take that position some do not but I I think it's essentially the failure to pay es grow is like a breach of contract so just so you know the public is aware we're we take that very seriously here as you know I I I believe that every municipality must and the board secretaries I know through the njaap PC the administrative Officers Association were always discussing that and we're always you know I don't want to say admonishing that's a that's not the appropriate thing we're always counseling every board secretary and board administrator to make sure that those escros are taken care of we don't want to have a situation ever where somebody's kind of going on if you will that their uh that their tanker is high in the water you know military thing they they don't they don't have any they don't have any uh they're not carrying anything they have to be up to date on their fees and we can tell them we can send them back for another month if they're not so I mean the law the law you know the ml authorizes the board to set these escros up I mean this isn't some kind of a charitable thing it's a it's a part of the uh it's something that's subject to audit it's subject that it's something that is uh a requirement and um it's to some there again there are different different arguments I believe it's jurisdictional in other words if if applicant Smith comes before us and there's nothing in there like what we had this morning you know the situation today my my position is that I want us to have the money and I certainly want the money to be cleared I mean we got presented with a check this morning but I understood that it would have been all right and I had to vet the applicants attorney extensively about that but it's it's absolutely essential that that go on because the board never wants to feel like it's in a rears because uh reviewing the application preparing an extensive report is expensive you would discuss the resolutions Mr uh Mr O'Neal those resolutions are expensive and it takes you know it's a takes a substantial amount of time and part of the applicant's duty is that those Professionals in addition to anyone else the board may may name in in an applic if there's a special counsel or if there's a special engineer special traffic engineer whatever they all get paid out of escrow without fail so you know like an army travels on its stomach the board travels on its escros and so that's really how we work it I mean it's generally not a problem but we do we we do from time to time have uh we we have applicants that I think try to maybe get by it and uh what my suggestion is always when when you have an applicant trying to say you know can I get away with this not get away with it but just you should let them know we should let them know you know that they have legal legal obligation and also their attorney should be made aware because as an officer of the Court they understand it's part of the uh administration of justice you know it's the uh it's the operation of an official proceeding so it is something it goes to that level I hope that Mr chairman I I I I hope that uh I'm happy to answer any questions but I hope that you know in an unshell describes what we're trying to do well in this particular case I mean I don't want to say the applicant blew us off they didn't but they apparently were not were not uh they did not communicate with their attorney because as soon as the attorney was made aware of this a check was procured within 18 hours I mean this was something it's very important for an applicant to understand that they have to you know that that's why you have an attorney and that's why we were ready not to hear this because of that among other other problems as we've discussed the application had so we we really you know essentially it's something that should be monitored um it's not easy to always keep up to date on it because you know escrow's get opened and then they may remain open for quite a while they may not get closed for a while because after the board acts there's the preparation of other information you preparation of the resolution there's usually other fees that are uh post you know post post resolution compliance things like that are all charged against the escrow so it takes a while for it to go on and part of the part of the uh what needs to be done I believe we provide those instructions to the applicants in our in our uh our handouts that you know that they're supposed to they're supposed to post and maintain escros and we have the right to you know tell them that they must they must do that well that was one of the reasons why we took them off the calendar tonight though they had a jurisdictional issue with their notice and uh other aspects I mean we can in some instances say uh what I have been what I have done is if I call an applicant for example if I call their attorney and I say your escrow is gone and you know the applicant may say the applicant's attorney may say to me let me check he calls back and says well we can't get you anything today what I will ordinarily do is I will say to them I'm going to recommend to the board that we carry it for a month if you can't get the money into our hands like immediately we'll carry it um the policy of the burrow is that the escro is sufficient so that doesn't go negative causing a problem for the burrow to chase it so the policy is to make sure the escrow is sufficient to the best of our abilities so it doesn't become an issue in the back end uh as you know we don't typically invoicing is done off so you're going to Bill January and sometime in February sometimes longer than that I know sometimes I do that I admit the issue is trying to keep up with it and to make sure that the the burrow doesn't have to chase the money that's one of the policies of the buau not to chase the money so the other policies don't work on anything if there's not sufficient espro so that's what's coming up and the checklist was recently changed uh it was some language taken from Bridgewater that says that the applicant agrees to replenish the checklist and there's an automatically fee schedule in there of 25% that it'll automatically kick if we can figure out an automatic mechanism to alert the applicant soon we revised that last year doing it manually manually going in and having to check every time where's the escro can we work on can the board hear it uh so trying to get that into a more automatic way and he just borrowed some language from Bridgewater that spoke about automatic rep punishment who monitors it well it would be uh it would be Ryan and U I asked Ryan and the plan in my understanding is long term to have access to others just to read only to see these things so that the burden doesn't come on one person to do this and obviously keep it running smoothly so I don't have that uncomfortable conversation with Kevin about there's sufficient money what are we doing uh because the policy has been the policy for years is the not to work on anything so the burrow doesn't become the bank essentially so I understand that policy and we're trying to get mechanism in place so it doesn't that that burden doesn't rely completely on RI well what we're trying to do too it's something it's something in ter terms of professionalizing the uh administrator's job the administrative you know the board the board uh secretary's job in that we want we want to make sure that they know that they have the authority and should not hesitate to use it to to contact the communicate with the applicant either by a letter or by you know other you know other traceable communication that you know they've been asked for escro money because if those Communications are ignored that certainly gives the board more reason to not act on the application because the the Fe the the payment of the fees is critical it's not it's not just something if an applicant doesn't want to pay the fees they have to make an application before us to have their fees waved which I can tell you in 99% if not more of circle ances is usually denied because you're essentially asking you're essentially asking the board and its professionals do the work for free and so we do I I I I I know that there have been I I I'm speaking at length on this only because on a couple of occasions I've on more than a couple of occasions I've defended Zone I've defended board secretaries and Zoning officers in cases and sometimes the issue of ad Administration regarding fees is concern has come up and you know essentially the presumption of the law is that the applicant must pay and that the board ad you know the board secretary has to uh you know I I I don't like to say chasing them down but just make sure that make sure they create a paper trail do as you know we have some applicants if we have ones will be heard next month has been carried for over a year and there's been two or three reports that becomes the challenge is when you have an applicant that's been carried for 18 months a lot of gations to keep on top of it to answer your question if it's a quick application in and out yeah uh addition they're in they're doing it it's much easier to track it's the ones that go on for years that become more of a challenge or even months yeah I I don't think the burrow is in that position to do that right now I understand from the Construction office it has to be a check or cash that's for construction permits and that applies to esro I don't think there's a mechanism to play with a credit card they used to be an ATM machine on the first floor to get that but right now I do believe when construction per it's by check and or cash I think that's the answer again the issue of a paper trail um could you do me a favor and just make sure you guys are using the microphone I'm getting text saying that they can hear Cliff very well but they can't hear anybody else so microphone microphone so make sure it's on I people are watching so thank you 12 people that watch us stre stream yeah is that not working is it on red that's I can I can hear you Stuart so but I I you know it may not the the red light should be off I I believe so oh it should be on I think it should be on it's it's got to be on okay yeah mine isely right doesn't appear to be amplifying okay so what differentiates of es performance bond well the escrow is for 25 words real quick the escrow is for uh the professionals to do the work the performance guarantee is for the improvements should the the developer not do them that the B bur has a recourse to get the site improvements done that's what the performance guarantees for is to ensure there's a mechanism in place well either way it's to it's to defay if not you know wall off it means that the municipality is not bearing those costs either for the application process or for the Post application compliance process because that's what the performance bond is for um you know it's a matter of accounting but it can be very important because you know I don't know too many municipalities who you know really have to some have but I don't think they like to if some if an applicant has been failed well if an applicant has failed to perform in terms of in terms of posting escros or if the applicant has failed to perform in terms of improvements the board never really wants to get involved they it's a it's an economic issue the performance guarantee there's a change in the ml I think 18 or 19 that it's only for public improvements the Landscaping right and public improvements so the onsite improvements are now currently not bonded it's just the public improvements the sidewalks the trees things they can be bonded as we learned with uh RWJ with one case you know things like that radios thing yeah remember that one okay thank you very much this is um I had talked to Mike and Cliff uh and Rich about some things and Ed um people come to these meetings with preconceived notions that everything is going to be soon as they come in it's going to be approved I was going through um my notes the other day and I came across something Cliff you'll remember this John drill remember John yes sir I I'm John's a good friend I took a class that he put we'd like to get out there for our board's edification for the people the 12 people that watch us on YouTube uh what we do why we do it how we do it so that they can come in like I was at a meeting last night and somebody came in with like what the heck are you talking about and U so if we can get that and get that to our board members to the audience to the professionals here and the people that are watching us I think we'll just open up a better dialog because people just think they're coming in they're going to get approved or that on major cases there are so many people out there that think the burrow is out there seeking these apartments or that townhouse with the exception of across the street and Kirby Avenue I don't know of any other project that the burrow has actually gone out and looked for of a developer they come to us right because we're hot some always happy to explain if any of you have any questions I'm always happy to explain how these things work as well and you know we we enjoy doing these public presentations because it does familiarize the interested public with why we do what we do and what the legal basis is for it exactly to teach is to learn twice okay thanks Cliff thanks Mike pleasure if uh if I can it's not on the agenda but you have a drawing in front of your package here this Bank of America yeah um it's come up that they have a bypass lane to get around the driveth through canopy it's currently being clipped more than once by vans so it's tight so they're asking for some uh to expand you see the drawing the width around the cany the teller drive through canopy to try to alleviate Vans clipping the canopy I don't have a problem with it I told uh the engineer Stonefield for the applicant that I would bring it to the board to see if the board has any issues doing that minor change to increase the width around it's the you'll see the curb and on the drawing it's to basically increase the width of the travel Lane the bypass lane to try to help a van or a truck not clip the the canopy for the tellers so I I don't have a an issue as long as the storm winter goes where it needs to go and I said I would bring it to the board and make sure the board was comfortable with it how many feet is the EXP that's a good question I would say it's no more than 100 square feet something like that Morgan 10t wide uh uh maybe 15 maybe it's a little more than that it's like it's a weird shape Morgan if you look if we're the we reduced the driveway apron because it was incredibly large it was five or six Lanes it ridiculous right so they reduced it down and that's this is the taper it's becoming the issue with the drive the bypass lane if you're not using the tellers you have to go buy the tellers and then neck down to call a reasonable uh exit onto High Street West High so uh it's a it's a I would call it a French curve uh I don't think it's significant Morgan but I I don't have the exact number for you in terms of that got kick out but you see the sidewalk is being you see where the sidewalk was the sidewalk is now the sidewalk went to the ban accessible space the sidewalks going to be kicked out so you're having the WID of the sidewalk there then some the width of the sidewalk is 4 feet so if you look maybe it's six or seven feet wide not 10 for that French curve I think it makes sense will any will any existing non-conformities be exacerbated no no no it it's the board as the board is aware this is a uh a nonconforming use it's a retail bank in the P so it's been in front of the board I want to say three times in 20 years when they do these major R facade changes signage she comes from the board and this is just uh it wasn't a problem before because it came in as a where calls for signage so we looked at signage and moving the HVAC equipment off the roof to the side as part of that I brought up this unbelievably lot long driveway curve cut how about reducing it down because it's just it's not and they they agreed to it and that's what's causing the problem it wasn't the problem before the reduction because there was two or three lanes to the west to get around it wasn't even close right so uh by by reducing the driveway down to something that's more uh reasonable is what caed this that wasn't part of our resolution was it drive wasn't part of our resolution yeah was it was part of the it was the down the driveway with the hvc which is shown is the you look at the building there's a fence shown to the north that's HVAC equipment that came off the roof so the board approved the modifications to the storm drains that make them in compliance uh striping uh I call Property Maintenance with the things that need that but this driveway was corrected from this massive I think it was five or six Lanes the curb cut and it was right turns only going out into high uh West High Street it was just never used and it just it served no purpose so they reduc apparently it did well yeah right so the right so inadvertently Rich it uh I if you look at the if you look at the approved plan there's sufficient space but we're having let you have driver error let me understand this made him do this now we're gonna make him undo it well the apron's not changing the width is staying just going to bulge out around going to hit that canopy but I if they want to make the change I personally don't care but they're coming back because they're going to still hit that canopy okay that's what they get for taking driver red out of school that's right right it's a matter of inches you're absolutely right so yeah so you have that and uh if the board's comfortable with it I'll tell the applicant that they can these uh modifications uh the board's comfortable with that and then have P the roofing contractor having a standby yeah listen I understand if you go out there the driveway is in it's a stamp concrete we went through all the stamp it's in the blue stone zone so all that was done so the the work is done it's just the interior work to to modify the curve and the sidewalk I have no problem with it just safety yeah long as my daughter's not driving High tu go ahead okay someone like to move that I'll move it second move the second any further discussion roll call please chairman Adair yes Ed allet yes Morgan mlin yes Rich O'Neal yes Brian bsky yes John Flores yes Eric Alvarez yes steuart Daniels yes and we have another request of an applicant for a special meeting uh B Avenue would like a special meeting for the first Wednesday of February if the board could accommodate that that would be the first Wednesday of the month which I do believe is uh it's reserved that first Wednesday in case the Board needs it right uh and is that correct Kevin it's reserved typically for this meeting I do believe um historically it has I know you haven't been using it so I definitely would have to double check depending on right so there so the board knows there a special meeting fee with willing to pay and the question is can the the burrow I mean can the board accommodate this special meeting which should be the first Wednesday in February be the 5th are we still litigation with that yes different issue yeah what's scheduled for our meeting on the 19th that would be two 205 sh us the gr building gr building yes it's going to be a long one that's a long one that's we thought tonight was going to be a long one that's why we didn't put them on on the agenda for tonight this is one where we we went through maybe two-thirds of the testimony then Peter Lanford had we've heard some of this testimony but my God it had to be a year ago maybe longer yeah it was Mar right so um that's been continued and they've requested it's been continu since the initial hearing so that's on for February and I have to go through to see if the plans have been revised it's been so long but that is done for February uh Belle's asking for a special meeting the first Wednesday then we have I Ryan we have two applications for March Vore which is 131 North Gaston and there's a house Edition on Grove is it Grove no not Grove it's uh remember two there's two other applications that was on for uh march to be heard now potentially we've got something up on Mountain Avenue too I I look over Ryan's shoulders I I cheat yeah there's a bunch of applications that are not deemed complete Mountain Avenue has a fe good the laat building which is the old uh grammar school building that is there's an application made but the fees aren't correct that those both applications right now appear to be coming to this board yeah okay this is the grammar school that's on it's the LA the old grammar school right yeah and the Mountain Avenue is the parcel on the west side going to the Peters brook or the brook there yes i' I'd like to throw I was going to talk about anyway because as you all know I don't shut up too easy the as a board we used to go look at these sites yeah some of the sites are more complicated than others and we kind of I guess since Co or before we kind of got away from that I wonder if we should not start either individually or as a group individually yeah yeah just so so that we know where these sites are what they are because some of them are fairly complicated yeah and we're intruding in neighborhoods so we ought to know about them well the law certainly hasn't changed with Co it shouldn't be an issue you can go on Bank all of you together uh as long as you when you get back you kind of report your findings or if you want to go individually when the applicant files an application there is implicitly and actually I think our application forms have it uh expressly that you know you grant you grant permission to uh for a board member to tour the property as long as you you know knock on the door and and you know announce yourself they they should allow you without any issue at all it's I I think we should encourage that definely you know just know what we're talking about yep it helps sometimes with digital cameras you can have all your questions right on your camera yeah okay so we're all the same page on that yeah okay great I am too there's two I think I'm I'm good I'm good I'm good ran I'm pretty sure still I'm checking okay he's popular guy I've got my computer I'm you okay 7 o'clock on the first Wednesday works for most we should have a motion for that should have a motion that we're going to meet on the on theth I'm moving move is it okay with yes okay with the bur too uh yeah I actually looked at the schedule I don't think there's anything in this room that day um yeah and and that is that continuation or is that a the B it's a brand new okay I just wanted to make sure because okay yeah so move second that we meet on February 5th of year the granis building I'm sorry B the other one on my mind um all in favor car chairman Adair sir Ed allet yes Morgan McLaughlin yes Rich Neil yes Ryan vinsky Yes John Flores yes Eric Alvarez steuart Daniels yes ice we have the applicant has has to get the notice 10 days still 10 days yeah under section 12 of the municipal and use law yep I do believe it's days correct Cliff yes and of course I'll have the report out to the board I the report's done I I'm just GNA tweak it for this application but you'll have the report out uh I guess it' be uh later this later this month on B interesting just a uh question about the site visits again so um allowed to go yes we should go like after we get the after we know it's on the agenda and we get the engineering report your report is that a good time to go and then yeah I think that's an excellent time to go because by that time the applicant is aware that it's application is in the pipeline and that if it is and it has signed all the forms which means it's given consent to the board the one thing I would always say is just you know the like like you're a guest in anybody's house you just go and knock on the door and you know you know ask if you can you ask if you know you indicate that you're a member of the Zoning Board of adjustment and that you'd like to you'd like to you know observe or inspect the property okay Cliff I have a question um if we all go together is there any issue with the open public meetings act well if you all went together you'd have to you'd have to come back and report it in my opinion you'd have to come back and report it I mean so I mean I I I not every board not every board likes to do it individually and uh so I so that option is always there but you know my feeling is that you should if you can work it into your schedule and you work it into the applicant schedule that may be better for people to go on their own let's face it not every everybody's up for a field trip right um and you know some of the boards that I represent they insist on doing that and scheduling can be a nightmare so just keep that in mind one of the things that we used to have in the past is um we had a placard for our C it a this vehicle is on official business for the burough cville that helps too yeah I I you know I I have one I I you have a couple couple of those when I'm doing things for you know any of the towns I represent I Mayan say it's an official business so uh but one way or another you're you're appearing now remember you're you're not appearing as a stranger you're appearing in your official capacity as a member of the Zoning Board of adjustment and should be treated as such I've never had any problem it shouldn't be and is and during that visit um is there any types of conversations that we should or should not be having about the application I wouldn't go into specifics okay because that could be an export take communication right I always like to say I mean be be polite and cordial but don't give you know I wouldn't if the applicant wants to try to uh you know if you will cross-examine you as to what you're going to do you don't you don't engage them in discussions you shouldn't okay because the worst thing in the world is to have somebody come before either before the board or before a court and say you know board member Smith said this to me because then it becomes a my word your word so less is more okay that's good to know thanks anything else want to bring this to a close there there is one fifth resolution if the board's looking to vote on it tonight otherwise we can save it for the meeting that we're going to have on the 5th we got it now okay it's going to be resolution 25- z115 d005 authorizing the award of a non-fair and open contract to Mike a Lumban darzi CSR LLC um to perform Court Reporting Services as the zoning board sonographer just yeah mov in second any any further discussion roll call please chairman Adair yes Ed allet yes Morgan McLaughlin yes Rich O'Neal yes Brian vsky yes John Flores yes Eric Alvarez yes and Stuart Daniels yes okay someone like to move for German no I got a I got a question I guess we have on our agenda meeting open to the public and we have some public here I'm not sure that we should have it that on the agenda we got well we've talked about that already this the last a question pertaining to what would you go to the microphone please yeah please please go to the microphone identify yourself and your address the stand up mag uh Kate Patridge 192 West High Street uh just a general question I'm trying to understand the process um earlier in the discussion um uh it was said that uh in recent times applicants have not been fulfilling certain requirements whether it's uh paperwork or escro I'm still learning what all this is the question I had for the board is do you have a sense of why that is why that's the tendency applicants are not fulfilling some of these requirements the way they did in the past it's just random okay it's it's random but we'll get 10 in a row where everything is fine and one just upset the apple cart and they get angry because we can't hear it statutorily we can't hear it you haven't done this this this and this okay Michael does a report and he deems the application complete then they can it's starts them to be able to come before us but they have to do other things too escro can I it's just a comment but I just wondered because I know that I know that uh you know there's a lot changing in sumerville and it's definitely become a more attractive uh place for real estate investment so I just wonder if it's attracting different kinds of applicants or if it has anything to do with them not say filling out the paperwork correctly or doing the the things that would have been done as often in the past that's my question and maybe we don't know but that's just what I was wondering the paperwork it's filled out they can't come before us unless it's complete yeah it the issue for example uh there was an applicant from the planning board for a subdivision but the notice said Thursday not Wednesday so noce defective and typically the app Prov to borrow the notice within 10 days so the notice is defective there's nothing the board can do but yet it's within 10 days so we can't or reach out to a different applicant to get them here because they can't notice either so like tonight it would be a great opportunity to hear a different application but yet we didn't know about the problems corre until within 10 days no so it's part of the frustration I understand um I'm just responding to the discussion I'm trying to listen to what you guys were discussing and trying to understand what's being talked about but um it sounds like there's a tendency maybe we don't know why that's changing I'm just trying to understand you know a different applicant's being drawn to the area because it's seen as a good uh real estate investment area you know other different problems I'm just trying to understand that's it and maybe we don't know there at the um if you if you go down to the B Hall and speak with the zoning officer which I met the other day she's great by the way I really like her n Navi she's doing a flowchart that would educate you on the process from submitting a zoning permit to submitting your land use application I'll just say one more thing because you guys mentioned there are applicants who sometimes the process is sat for a year so that surprised me that's all I'm just trying to understand that flow chart that flow chart will definitely show you first I want to say to all of you thank you thank you very much for doing this this is not a small task to spend your Wednesday evenings volunteering to work for the the town on this my name is Chris Cutler I'm at 64 Mountain Avenue um I I don't know the process so I'm here learning from you and I'm here preemptively because I didn't know the process there was something happening in our neighborhood and we were concerned that a house that was recently bought would have its owners submit some application to you without our ability to uh object to it they bought a single family house and a competitive auction um beating out a small a young family that wanted to buy the house and send their kids to our schools um so they've presented themselves to their neighbors as uh wanting to convert it to a group home and uh which is against the zoning because it's single family housing in single family zoning at 188 West High Street we really can't talk about that because that may come before us you can't oh I shouldn't talk about it or you can't talk about it that's okay don't don't talk about it I'm not asking you to I just I just want to compliment uh the town because the town put a stop work notice on it because it was clearly violating the law so Kevin sluka people were were on it and that was great and if it does come up and we're not here to object and answer the processes just know we object that's it if you're within 200 feet of that property you will get a notice official notice okay so that's we'll get a notice and then we could we could pursue and even if you're not within 200 feet they have to publish notice of the hearing yes so you can you know keep keep an eye on the on the newspapers that we use and the burough website and the burough website in terms of when things are on the agenda okay yeah I'm I'm I think I'm within 200 feet easily so so we can just rely on getting that notice and then we would have the chance to talk about it okay great thank you very much thank you everybody thank you for coming thank you very much and that was the reason that we just went through this thing on escrow and performance bonds and a couple months ago the process to educate the the audience re-educate the board and the 12 people who watch us on YouTube has the number gone up Kevin what usually happens people tend not to watch live but but it does calculate the number of folks that that view however there the there's other robotic technology that views a lot of things because your your words that you say get picked up by bots so that so that you you know why I would like to tell you may you may have a thousand viewers I don't want to overly impress the fact that you have a thousand viewers but but it depends on the subject matter sometimes and and so forth but um D during this time there was there was three people viewing you um but by tomorrow will be 50 and that number will grow this gets on YouTube as well correct and a lot of people you know a lot of people do use that oh I watch it I watched roal Council meetings watch planning board I watch if we get a thousand people we could be eligible for an em nothing for nothing but maybe we got a nice looking young lady here rather not rich and iron uh we're putting in our application for the job created Village gudin 12 years old when I was at true so is that it yes any other business to come before the board someone like to move for adjournment for ajour second move second all in favor I I time to get Chicago