 December 15th. If we take up items in the order they are on the agenda, each agenda item we ask the people who are going to speak or participate, organize them and bring them into the meeting and if appropriate they will get sworn at that time. We also ask that when people who want to participate in the hearing that they will give Scott their mailing address. Is that true Scott? The mailing address so you can follow up with some. Next item is the communications, communications in the packet. That was already posted though. Minutes, I think there were minutes in the packet. Is Allie at the meeting tonight? No. She should be. Oh okay because I did sign and send some minutes to Allie a little while ago. I'm hoping that we're up to date at this point. And the next item is the consent agenda. The first item on the consent agenda is 57th South William Street. Vermont Organization for Jewish Education. Shabbat of Vermont is the applicant here for that. Who's the applicant for this Ryan? We got Ed Wolstein. I see his name. Public commenters going to be Lynn Faust. I'm not sure I've seen anybody else. So Ed Wolstein can speak. And there's a phone caller in there it looks like with a hand up. Okay so if you want to speak on this item raise your hand I see a couple. Okay raise hand here we go. So as we get started here I'm going to say this is on the consent agenda. This is a previously approved item that I believe expired and now it's the same applications before us. It is recommended for consent. Is the applicant okay with treating this as consent? Is that you Ed? Yes I guess so. Okay are you okay with it being treated as consent? Sure. Okay. Can you define what consent is? It means it's recommended for approval and the staff has several conditions that they've already put into the findings that they should have sent to you. And if you're okay with that then it would just get approved as a matter of you know the board would approve it right now. Okay. But before we go there are there members of public who are wishing to speak on this item. Public are they part of the applicant? There's there is Brad there's Lynn Faust at least sent that email that should have been posted to the site. Looks like she's on so I imagine she wants to comment. Yes thank you very much. I'm Lynn Faust on the Butter at 71 South William Street. Okay at this point before you go too far I just wanted to find out if we're going to treat this as consent or not so if you want to speak on it we will pull it from the consent agenda and treat this as a public hearing item since you want to speak on this right Lynn? Correct. Okay so we'll move right to that so this is now a public hearing and I will ask whoever is going to be speaking on this I understand it's Ed it's Lynn and is somebody else on the phone who is on the phone here? Karen Buscher. Oh Sharon okay and are you going to speak on this also? I was. Okay so we'll ask at least those three people to raise your right hand and do you swear to tell the truth and hold truth on the pain and penalty of perjury? I do. I do. That's you too Lynn. Yes I do. Okay so I would say Ed if you're okay with this that maybe the first step is to hear what Lynn's comments are and then I'll let you respond is that okay with you Ed? Absolutely. Okay so Lynn the floor is yours. Thank you very much I'm on the board of Chelsea Muse Townhouse next door and when this matter was first considered we had looked at the plans and realized that the elevation of the parking area was to be raised considerably compared to the original grade and we had requested some blockage of the headlamps to the cars at that time the plan was created to have some vegetative blockage of the headlamps however the parking lot has been built and it has been in use and what we're realizing now is due to the elevation of the parking area and the fact that there's such a such a sharp slope between the parking area and the our parking area and the residences where we are that it is going to be a very difficult thing to screen only with vegetative growth so we are strongly requesting of the board to consider either guardrails or a fence a solid fence on our side and probably also the the westerly side of the parking area to block those headlamps. Are you you're to the south am I right? We are to the south correct. Okay and the parking lot has been built? The parking lot has been built they've been using the parking lot for some time now and we're getting complaints from the the headlamps going into the bedrooms into the other rooms and given that the plan is that that parking lot is going to be used mostly for the residents who are going to be gumming and going all hours of the day we think that this is going to be a continuing nuisance for the people in in our in our units. Okay um and was was vegetation put in when the parking was constructed? No okay. It's very steep slope it's about a 45 degree slope it's it's the limit of what the slope should be. Slope down to your property. Correct. Okay so maybe give the applicant a chance to respond to that. Okay sure first thing I want to say is we have no problem putting up fencing solid fencing to mitigate any problem from headlights of cars going to going to the south and so that's not a problem we can put it up we can put up temporary fencing right away the vegetation won't go in probably till the spring obviously this project's been delayed that's why we're here today because we were hoping that the whole project would be done by now but seeing that COVID slowed things down during this this past summer very little construction got done unfortunately but we're moving along at a at a snail's pace and we will gladly put up fencing along the south side. What I've noticed is fencing along the the west side if you look at the houses all the way at the back of the property I don't think we'll do much we don't mind putting up some fencing there but I don't think it would really accomplish anything and secondly none of the cars actually face west when they're parked they they would only come into the driveway you know coming heading west and then they would turn around and go into their slots so what what we would think would be a good thing to do would be immediately put up the fencing so that 71 would would be shielded because we're sensitive to to their their needs as well and they would be on the upper part so four feet of fencing guardrails really don't do too much but but opaque solid fencing will will do it so we could do that all along and then when when the actual vegetation gets planted in the spring excuse me it might take a while for that vegetation to actually do its job in in in shielding 71 from the cars that are facing south but we could we could put in permanent fencing at that point nicer you know fencing not temporary construction fencing and we would have a combination of fencing and the vegetation as well whatever would would you know be appropriate at that time so we have no problem with the fencing all along the south side and as I mentioned along the west questionable whether whether it's it's required or even how effective it might be I would suggest that any ways like Lynn just hang on this is one thing at a time here I'd like to just follow up with Ed's things first does the board have any questions for the applicant at this point anybody on the board okay then um I'll ask Ed the to the west the grade slopes down to the retention area is that what it is that's correct okay and it looks like a pretty steep slope yeah yeah right okay that's correct okay if the board doesn't have a question and Lynn did you want to have a comment there yes um my my my concern is that our units are are at the very back of the lot so shielding at least the south portion of the west boundary of that parking lot would help to to mitigate the headlamps that are coming from that are turning around in that space so the south side would be great I'd also like like the board to consider the west side at least the south part of the west part of that parking lot to be shielded also I have a question and I'm just curious I'm trying to understand what makes this is it what makes this so much different than your parking lot and people coming and going in the headlamps in your own parking lot and yeah so I can I can answer that very clearly before this parking lot was built it was at the same grade as our parking deck it was elevated considerably there to so that it's very very steep so that the headlamps are now at the level of our second floor windows which is different from a very different elevation from our parking area understood thank so this is this it's a situation that they created this elevated parking if if it had not been elevated we I don't think we would have had any issue um Ed uh just question for you would it be possible to planting at the I I suspect that you must put snow over that bank is that what happens for plowing you mean the the bank towards the west to the west yeah yes I imagine that would be where they would push the snow I was just trying to think if they could get a little planting at that end um that might help mitigate some other lights to the west that she's talking about I understand fencing at that point does look like it'd be difficult given the slope and everything well we could we could have fencing like all along you know the entire south side um but but as it as as it gets lower you know Lynn is right because the lights would would be able would go across but I do want to point out one thing that that isn't isn't so much the case the residents who live um in some of the apartments of that unit are not in the expanded part they are in the the part that's right on south william street in the old building so the parking spots closest to the street if you're looking at the site plan right now um those would be the first ones to be used by tenants because obviously they don't want to walk all the way you know from from the end of the parking lot all the way up to south williams and have to go into the building that way the expansion part is um is just a um an auditorium on the upper side the sanctuary and there are some multi-purpose rooms and some offices on the lower level um so I wouldn't be so concerned of of people going coming and going at all hours of the night um in fact they've what I'm told is they've even reduced the number of of residents you know who who use the facility um in the as of as apartments all together and it's becoming more and more of of uh of community you know kind of school prayer place um so it's more of a multi-function of that type so um I want to lay some fears to rest that that it's not like people are going to be it's not a it's not primarily a residential apartment building where people are coming and going at all hours I'm just gonna pose on any questions from the board at this point and one more um I'm looking at uh a couple of pages up in the same plan and you can see a better you can see the parking lot better and the fenced in dumpster better you can see it on this one as well um I'm just wondering from Lynn your perspective if that fence sort of came you know continued to cover the south end and then made it to where that dumpster is is does that do you think that that would block that light for you where is the dumpster is it I it's uh my apologies I'm using a small screen yeah um can you go to page eight scott of 17 of the pdf page eight okay yeah um no that's not eight that one right there so you can see right there there's a fenced in dumpster they're saying there's fenced in dumpster I'm wondering if uh yes I I think if you fenced it in up to the dumpster you'd be fine okay uh because the turnaround I'm worried about the turnaround so we're already getting complaints from the guy that's on the end unit closest to the back of this lot that it just it's just you know shining so brightly anyone that's in that parking lot that's reasonable I think there's one other member the public Sharon did you have comments you wanted to make well um can you hear me am I unmuted you're unmuted okay thank you hi this is Sharon busher and at the time the application came forward in 2016 I think or whatever um I was a city counselor representing this section of the city and um you know I spoke on behalf of um uh in support of the development but also about some of the concerns that were raised at the time by a butters and as a person that has represented um people for a while um I am well aware of how disruptive headlights can be so I drove by today and looked at the the height of the existing parking area and realized you know how how those headlights would shine right into the residences and um it really is disruptive whether you're young or old um I know that you know we all live in a city and in close proximity and um if you have children it would wake them or startle um so I'm very happy to hear the applicants say that they are willing to put up a permanent fence because I think a permanent fence and whatever vegetation people want is fine but I really wanted to call in in support of the a butter and hoping that the applicant would be understanding and willing to make those modifications and I think this is turning out well for everybody so thank you thank you Sharon okay uh there's no other questions from the board I think we have a pretty good picture I have an understanding of the willingness of the applicant to address some of these concerns and the concerns of the neighbors we appreciate that um and unless there's anything else that we want to add we will close this public care I appreciate it we the odds are pretty well that we will deliberate on this at the end of our meeting tonight so you uh give us your uh mailing address lickety split uh yes uh 49 Fairmount street in Marlboro massachusetts yes what was the zip code oh 1752 okay great thank you so moving on to the next consent agenda item which is 24 sunset cliff row application by jack and kim kane is the applicant here see jack kane don't think we had any public comment on this one is there anyone else besides you it was both the sands raised scott we see in gen the hands go from then they go down it's like chasing him around all right lucy where'd you go lucy three people is israel part of this application scott or is he for the next one no i let me undo that one okay but the name shift up and down so uh we have three people here jack kane is the applicant and lucy thayer and gen gen desitell are lucy and gen are you part of the applicant or are you a butters we are with the applicant we are both with trudel consulting okay okay so this is on a consent agenda so i'll ask jack the question is this has been recommended for consent by the staff and have you gotten the staff report and seen the recommended conditions yes jack is that are you saying yes who said yes there just so i know i did lucy i lucy okay he doesn't seem to be muted but he's not saying anything uh my understanding is the applicant is okay with the conditions as recommended by staff so this is gen desitell we have all reviewed the staff comments and don't have a problem with okay being on the consent agenda i'm not sure why jack isn't able to respond okay uh does the board have any everybody on the board have any objections to treating this as a consent agenda item it does look like there's someone else with their hand raised now i was just going to mention that brad is somebody with their hand up and who is that carolin carolin beaver she's also with the applicant okay okay so it does not appear to be anybody from the public who is speaking on this application everybody here is part of the applicant can i have a motion from the board for this application somebody make a motion i'll move on 21-0464ca 24 sunset cliff rude i move that we approve the application and adopt staff findings and conditions is there a second second Caitlin okay discussion all in favor i proposed no okay so this is approved thank you thank you thank you we have one other consent agenda item which is 12 22 north street uh application by the brookton school district this was previously approved uh as consent but thinking it was under a previous application that was since it wasn't removed it was uh it was on the agenda november 4th for drb along with two other locations bhs was looking to locate we re eliminated it from review because there was a previous application for educational use but our sharp eyed compliance officer subsequently found a letter associated with two properties that relinquished the permits so we are required to bring it back before the board so is marty spalding are you representing this project yes i am i we also have with us uh jason gingel who is the tech center director but i can probably speak okay so this this is recommended for consent um and did you see staff's report and they recommend conditions of approval yes the bike rocks yep and you're okay with that yep absolutely okay and there's nobody here from the public on this one is that true it's one of the mysteries of zoom who is out there um okay and is anybody on the staff object to treating this as a consent item no staff no well board okay thank you for clarifying that mary if i fully support consent thank you so can i have a uh motion from somebody on the board i'll make a motion on uh zp 21-0377 cu uh 12 to 22 north street i move that we approve the application and adopt staff's findings and conditions for second brooks seconds uh any discussion all in favor hiu okay opposed so it passes you're all set then thank you very much you guys have a good evening thank you okay so the next item is our public hearing item is 132 north champlain street uh which is an appeal of an administrative decision for a home occupation um and is the appellant here so i'm a few months ago is that bella cloe no it's the the list of names shifts around depending on who puts their hand up versus knock and sometimes someone shouldn't get tagged who did all right so we have israel and we have larry pat the owner israel and larry okay is anybody else who's going to speak on this application besides israel and larry uh we have ten miles in the event the questions come up about ted yeah good okay so can i ask everybody who will or might speak on this application to raise your right hand and swear that you will tell the truth and hold truth on the pain and penalty of perjury yes i do okay um and i'm always a little confused on this is this something where the city goes first because it's appealing an administrative position city should give go first to get background on the uh of permit issue okay i think it should go to be a pellant okay so who is it from the city that will speak on this i will take this one okay so um the application was submitted in response to a code violation investigation by ten miles um neighborhood point uh there was a contractor storage yard operation uh operating out of the property um and in response basically to the enforcement the applicant submitted a home occupation that the majority of the complaints centered around employees coming to and from the property to pick up and drop off supplies so that was a nuisance for the neighbor as well as exterior storage in the yard a lot of materials associated with the business but it's important to note that there was also a zoning permit previously issued for the house on the property that some of those materials would have went with the housework so differentiation there a little difficult but it's pretty evident that that might have been associated with the business so anyways um the home occupation permit was uh submitted back and forth between myself and the applicant um to see that he can meet the requirements of the home occupation section in the cdo um the permit was issued on um october 8th of this year uh with very specific conditions that went in line with correcting the violation uh and to achieve a home occupation which means the administrative home occupation requirements of article five um the appellant submitted his appeal in a timely fashion so um uh i mean that basically sums it up i think and isn't is wow this is ready for the appellant but um all the condo is your understanding these conditions were met ryan he's working toward that um i know just he's provided photos today of showing uh the backyard and it's looks to me like it's been picked up considerably but um you know ted miles is here and he's had a uh investigation on the property too so he might be able to shed more light a little bit more light on that is your first uh does anybody on the board have a questions for ryan before we go to uh the neighbor i'm happy to let ted go first if you like well i wouldn't mind israel i wouldn't mind hearing what your issues were okay sure um so the uh the commercial operations that this uh property had been uh increasing steadily over the last couple of years um um the uh i mean it's essentially a contractor's storage yard um it's uh mostly busy during the summer period um the swing seasons uh it's pretty quiet about now as you might expect um so the uh i think ryan sort of summed it up i don't want to go through in you know in the level of detail that i did in in the written appeal i don't think that's necessary but uh suffice to say that um uh there's a lot of traffic uh there there are a lot of vehicles that are parked double parked blocking our driveway oftentimes blocking traffic oftentimes coming and going multiple times throughout the day and multiple employees associated with that as well so you know coming through the backyard um you know basically creating a you know a situation that is commercial activity rather than residential activity there in the backyard um sometimes preparing materials sometimes bringing uh construction debris and hang and you know leaving that there for to be removed later and sent off somewhere else there's all sorts of you know activities that you would associate with a with a construction uh you know a construction storage area um so uh we uh we filed a complaint with zoning about this uh the initial response that we got made some excuses about well you know there's an active building permit to reside the house so it's really hard to tell if this is really a you know something related to that permit or not i i think i think that could have been figured out pretty quick with a little bit of observation um but it took a it took a year plus from that from that initial complaint to get to the point of sending an enforcement letter um and uh so we were pretty frustrated by that um when the uh the applicant filed for the home occupation you know as i noted in my my letter from yesterday you know i wrote after reviewing the staff report um you know we expected him to uh file for conditional use review so that he could have people coming and going and uh you know have employees on site and and do you know some reasonable amount of commercial activity here and then as part of that there'd be you know some give and take about maybe some reasonable conditions like uh like a fence or a parking management plan that doesn't require uh blocking our driveway and things like that um agreeing to a non-smoking work site would be would be nice although i think that might be a requirement regardless um we weren't necessarily ready to stand the way of a conditional use review where there's some uh you know measures taken to mitigate the adverse impact on us the immediate neighbors to the north um i think the the permit that has been granted doesn't really bear any resemblance to the activities that have been going on uh at at the property and i would say you know activities not just that were going on prior to the issuing of the permit but um you know the traffic throughout the fall uh you know it's it was essentially the same level of activity as you would normally expect so even after receiving the permit the applicant was not uh following the conditions of approval um i don't know technically what time there's some grace period where you know he's allowed to to not do that but um you know i think the the period of time that ryan was referring to has more to do with the other violations the physical dimensional violations on the site but anyway we waited until the last moment to file this appeal because we were hoping that the applicant would actually start to reduce the um the level of activity to meet the conditions of approval um so we're not happy to be here this is this is not fun for anybody um we just would like our property interests uh to enjoy our our backyard and our driveway uh like everybody else to be respected any questions for israel smith before i got one um just from israel from from what you were saying about what the primary complaint is it sounds like from your perspective an individual photograph that shows you know the site looks fine is not going to be compelling for you because it's not about as much the materials but it's it's the activity itself comings and goings and that's going to be kind of challenging to uh prove or disprove at any given moment that's correct and and you know to be clear that on paper the permit that's been granted doesn't allow uh employees coming and going doesn't allow them to do anything other than sort of have a office type home occupation um you know which if that's what he wants to do fine i didn't seem to fit what his business actually is it's real uh do you have things to respond to on this yeah i do okay first we raised our hand to tell the truth and that didn't seem to happen okay why don't you say what you want to say here my house has been improved 100 percent since i started working on it it's involved a lot of interior work it's involved exterior work it take it took time and people to do it over extended period of time when you came and looked at the at the property when i had a couple complaints i was still doing the property the siding wasn't on we had five or six people there on occasion after i've told my guys look don't park in this guy's driveway gets really upset about that somehow they parked for brief moments thinking it was just a moment he watches the place like a hawk so my guys during the work on the on the house parked in front of it maybe not blocking the whole thing but maybe edge of the thing we pull i asked them pull out we moved it immediately my property is not used for congregation of employees at all whatsoever my fiance keeps direct control of me on that i probably would have done more had more guys come to my property to conduct business out of it but i live with my fiance respected it's her house she's asking not to have people come over so i have not done that she's the boss i have had people come over and speak to me briefly that need to pick up money to do a trance you know pick up purchases for other projects and leave within a short period of time we don't have massive amounts of numbers of people coming over i think his traffic in his driveway is about like mine on on occasions we have a tenant upstairs which may look like it's added more he has a truck he's not connected with me whatsoever he has ladders on top of it he comes and goes he has some people that he works with that come and pick him up they got the wife upstairs that she has people come and pick her up and take her drop her off but for myself we have anything that happened after the construction we cleaned out my my storage is totally empty it's ready to be raised at any moment everything is totally cleaned out i have three step three extension ladders back in the back and i have leftover supplies that go to my house that i can't put anywhere else that i intend on building putting in a permit to build an additional space upstairs i want to keep it it was a very expensive hardy siding which was approved by mary o'neill and the people in the zoning department which i went through so larry your so what you're saying basically is that the activity and the construction debris and all that stuff was related to the construction on the house primarily primarily it was okay but and that and that you're okay uh adhering to the terms and conditions of a home occupation yeah i'm i'm okay with that yes okay okay um but we don't have traffic here there's i would say if you can say how many people come by to see larry in the day i would say today i had one person twice that was to get my credit card to go pick up a uh to go pay for a bill and another one to drop off my credit card that's twice today a five minute deal nobody else this is jeff hand that sounds inconsistent with the permit condition i understand you made you do that for your business but um we need to abide by the permit conditions part of the concern here is you have not been doing that and it sounds like you're acknowledging you still have employees coming to your home i have an employee come to my house from time to time yes but not two three four five cars at a time not even not even on a regular basis i'm not even home most generally i'm not even home the entire day this has only happened and to yesterday and today i've tried to be home to do my audits and do my paperwork other than that i'm on the i'm on the run in the field all day long from 6 30 in the morning till five six at night i'm not even home so i don't even know what he's talking about i'm not i'm not speaking to what he's talking about i'm just speaking with the statement you just made about the employees that visited your house today today one guy came by the same guy came by twice pick up a credit card went off and i'm admitted it i'm being straight out honest for you that's what happened that and i know i know these are challenging times larry so i understand that but and this is coven times so i'm trying to i'm trying to relinquish my my um i don't want to be in the field all day long i'm getting ready to retire i have hired people to handle my contracts for me all i need to do by the phone do zoom if i have to uh turn paperwork in and talk on the text on my phones my my input my time in the field is now pretty much stopped as of two days ago i've been in the field well i don't get home for dinner till six five thirty six i don't know i'm not even home i don't know what he's talking about i'm in the field talking to my guys okay other questions from the board for the homeowner uh you know i just it seems to me in the pictures that were provided um by the appellant um that it looks pretty clear that there was construction business going on not related to the construction of your house i don't know which time he's which times you have a picture of but i know he watches my house like a hawk uh well i mean you can you can see in his application his appeal application i mean you can see here and it it shows a pretty decent narrative of people doing work loading vehicles leaving with materials coming some of that might have some of that might have been taken stuff out of my backyard that i had like my ladders and removal of the stuff to make it more clean i did go through that i have a warehouse i have a warehouse now in Essex that i store all my stuff in virtually everything except for three ladders i have in the back in my siding equipment everything's in a warehouse eight car michael it's a three thousand nine hundred square foot space so um at this point i think i'd like to have uh ted miles speak um ted you've looked at this property is that accurate that is correct i've looked at this property actually multiple times over the past year starting from the initial complaint last year when israel did file his first complaint about the active yard i did go and found probably six eight people in a very busy construction area working on the house itself and you know he filed another complaint as well at the same time about vinyl windows and that wasn't that turned out to be a non-issue as well um the construction did die down because larry goes to florida for the winter so it was got quiet then so things got closed out because it met the discontinued use over the winter time and then israel started back up with a complaint back in april of this past year about the storage facility uh contractor's yard again and i will say for the record that there was a notice that went to larry on may 6th um about that complaint that was filed and i met with larry on site and there was a lot of debris but it was still very difficult to tell what was associated with the house and what was actually the busy contractor's yard first day as you would call it but larry did do a major cleanup of the property at that time so i'm not sure i haven't seen those pictures that israel submitted but i don't know how old those photos are either it has as of today from your understanding some yard cleaned up in terms of the stuff that yes i actually went by yesterday and took a photo of it and it's it's a lot of it has been cleaned up tremendously um barris amaze and i was there um end of october because as we had filed the complaint with the fire marshal's office uh complaining about um a lot of debris fire hazard materials contractors material and such on site and excess excess of amount um barris amaze and myself met with larry on site and literally crawled through everything on the property and found that complain is uh unwarranted that there was not any evidence to support the idea that there was excess quantities of contractors material on site and there was no nothing barry found that was any kind of flammable tear was a half a gallon of acetone there aren't a pile of ladders on the site at this point no as of as of yesterday in my photo i think there's two ladders on the side that look like they're associated as well with the home i mean i have ladders i have three ladders in my house so and those are on the right hand side of the concrete pad there it's probably in that photo as well that larry submitted so brend please briefly i'm sorry ted i just wanted to point out that we got photos taken i think today submitted by uh by the that is online sorry ted continue yep yep and that's okay and i have been in conversation with larry about those two sheds that one of them was going to be removed and the other one will be put back on the concrete pad where it's been permitted and larry has assured me that's supposed to happen this year so i'm still holding them to that any questions for um ted i guess at this point i i just want to ask israel what your impression is of the effort to clean up the yard at this point um i would say that uh there has been an effort to clean it up and i appreciate it um i i think that's certainly helpful i i would like to believe that uh there's not going to be uh you know materials and equipment run in and out of the the property uh throughout the day as there has been um and you know i i think that uh i think that that the applicant is is painting a very rosy picture of the amount of traffic um i think that uh you know i would it sounds as though he's trying to wind down i'm happy to hear that he has a warehouse in essix now uh you know that's great i i hope that he continues to work out of that warehouse um i what i i guess what i'm concerned about is the it it seemed to take a while for from our perspective for code enforcement to pay attention to this and it really it seemed to require a lot of complaining and you know i don't love to complain but it took it took a lot in order to get enough attention put to this it seems um so i'm glad attention is being paid to it um you know i um i hope that the applicant meets the conditions of approval going forward um yeah but if i if i understand correctly is real that that basically your your goal is is that the conditions of approval for a home occupation are acceptable to you and the issue has been that he is not ready from your point if you've been in compliance with that yes okay and for larry the homeowner you feel you want to and intend to go by abide by those conditions of approval for home occupation yes i do my yard is cleaner than his yard okay okay thank you i sent photos in yes we see those we have those um any other questions for either the appellant or the homeowner from the board i have a question that one question and it's for both is um how what would your response be if the board was to consider a timeline uh condition where this needed to be reviewed to see if the business was being conducted uh as conditioned your response to that i didn't quite catch the question what what would your response be if the board put a timeline of when you needed to come back to the board both you and israel needed to come back to the board um to show that you are following the conditions of the permit i don't have a problem with that uh i just anybody could take a snippet of one moment of one day and make it appear as though it's a gross happening i like the truth i really like the truth i like somebody to look into this i've been annoyed by him he's been annoying me i have no cause to be annoyed i haven't done anything to him and he's constantly if there's trash thrown on my on my yard from people walking by if you can ask ted right now it was trash thrown by a walk a person walking by and he called on me he called on me i wish he'd leave me alone okay israel would would uh uh if we if we considered a time period um would that alleviate some of your concerns around how long it may take to get through um additional um complaints i i think it would yeah i wouldn't you know i would support a condition like that any other comments questions from the board well we'd just like to make a comment before you do please yeah um israel's painting this picture of us that we've ignored his complaints and stuff and that's and it's absolutely not the case larry can tell you how many times have been there to visit him to get action going on this uh israel's complaint first came out on april 29th and we had a letter going on may 6th it doesn't get a whole lot quicker than that uh you know larry can tell you how much of the pain of the butt i've been visiting him and actually pushing him to uh get things into compliance and he's probably tired of seeing me as much as i'm tired of seeing him so right you know larry has been cooperative and is working towards compliance towards that matter the the original complaint was from uh 2019 yes by those active construction going on at the property okay we are dealing with the current complaint where that's our review here so we're going to stick with that okay i appreciate everybody's uh comments and participation and with that we're going to close the public hearing thank you thanks a lot uh and we will probably deliberate on that tonight i think the next item is 75 cherry street and uh there's been a request for deferral is that accurate scott yeah yeah there are ongoing negotiations about my pay grade so the the applicants have requested deferral and it seems to make sense to push it back to the 16th with the other item 16 i'm recused okay 16th of what in february of february okay um we need a more i think we need a motion on that to defer this item to the 16th of february the assembly want to make a motion to that effect keenan um on 21 dash 0354 ap 75 cherry street i move that we defer uh consideration of this item until february 16 2021 second brooks thank you any discussion all in favor opposed and jeff is recused great so that is all we have on our agenda we don't have any other business at this point okay um so we are adjourned um and are people okay with we have