 Regular scheduled meeting on the town of Berlin development view board. We have one application before us tonight. It's an application for a waiver I'm gonna ask the applicant anybody things a testimony this matter Before the board please raise your right hand. Yeah, that's where I tell the truth about truth under police a perjury Rollin wedge tell us What you're up to here. Yeah, so I got a little lot there in Berlin pond and it's a it was a I Rented out to him a fellow that had a mobile home. It used to be dr. Tomassi's play he had a cottage there and he had a Sewer system, but I put in a well there since but he so I hired the so when he retired he sold it and I Called them. It was an old camp. So I called the Berlin fire department if they wanted to practice it to burn it burn the camp down Yeah, and he liked it so they said well, there's good practice so they burnt the thing down and then I Said well now that I got this lost I better put it to use so I Advertise to someone to put their mobile home there And they stayed there for about 15 20 years But he decided that it was his mobile home was running down He said well, are you gonna start building a house in Northfield? So I told him I said Well, it's quite a job to take it take care of that mobile and so dilapidated So he's just tore it down a couple weeks ago and I Have a couple people that are interested in buying it, but my lot size is pretty small It is a pretty small so that's why I need a variance for the For the way it's a waiver. Yeah a waiver. Yeah a waiver. There's a difference. Yeah distinct difference. Yeah, and I Got a couple people interested, but they said well wrong. We got to make sure you ever were allowed to Put a small building there Or mobile homes So you're requesting a waiver from the side yard setbacks. Yeah, correct Yeah, and you provided us with In application. Yeah Let's get some help with this but Plot of property During that it's only 70 feet wide 70.5 feet wide and 108 feet deep a Quarter of an acre and full disclosure. This is tax management information. So it's the best information we had Sometime I question it because dr. Tomassi, I know you must have had more More footage than that on each side because no one either was a doctor and Used to have a couple of buildings up there used to be used to have gambling up there Yeah, I found all kind of gambling equipment up there Okay Has either one either side been surveyed or There are pins up there there pins up there But I don't know how accurate they are You said you found two of the pins. Yeah, I found two of the pins Yes, sir. Oh, there's a person we have on the drawing. Yeah. Yeah, I Tried to find a map, but we don't seem to have a funny no one can locate a math to us. Hmm. Yeah Oh, there it is right there while you got the wrong right there Yeah, but that's a tax map It is notoriously yeah accurate, right? I mean that doesn't mean it can't be accurate. This just means you can't rely on it, right? the So there was no this chairman There's no recorded survey of this property in the town and Roland didn't have one From when right you purchased it, right, right? So So we're relying on this information here that the lot is 70 feet wide and 180 feet deep correct being a quarter of an acre approximately in the area correct in a five acre zone, right? It's a pre-existing lot Pre-existing current zoning probably pre-existent the previous zoning slots been there a long time how What was the width of the previous trailer that was on the lot what was the way or the 60 feet wasn't it I think it was 60. Yeah, I think that's what you said before yeah in the same orientation. Pardon me Was it in the same way? So it was right up to the oh, yeah supposed tax map if you look at the Google map It's over. Yeah, it's boundary line. Yeah, you have it's boundary line a boundary line. Yeah, how do you know that? Transpose that on here. Oh, okay So my question is You can if you go to the if you go to this map here You can also do an overlay that don't show you what the satellite overlay Literally showed you the trailer. Oh, okay So I understand that if you were to put a mobile home on the site, right? You would need a variance. Yeah, but what about it? Is it? But most mobile homes are waiver waiver are longer than this is only gonna be 45 feet You could get custom-made to There's tiny homes. There people are custom-made so Homes so they said and I'm just sorry. I don't know my son I thought was what if it was a regular House, yeah, does it because they can go and it can't go bigger this way I'm perpendicular to the road. We've discussed not right because it's kind of heli, but what about the space in front in the front Here I'm looking at this picture Yeah, so it seems like it's set back for the road of ways Yeah, it is set back from the road a long way, but it's not it's too darn heli to to have that Without doing any sideways No, I'm thinking I'm thinking if you were gonna do like a 40 a 30 by 20 house or something you could do it You wouldn't need them. We talked about that pre extensively and oh, Mr. Peppin If you're trying to observe just just do the math you try to observe the setbacks side side But without any kind of waiver at all The structure would have to be a maximum width of 20 feet. Oh, wow. Why you have 70 feet 25 on one side 25 on the other side Yeah, and that's why I like a very answer would be a little shorter So the only way you could develop that is if you're centered a building that's no more than 20 feet wide Without getting a waiver without getting a waiver, right? right So you could just orient it the other way You could it The slope is approximately 10 percent up to about the I don't mean to testify, but I know You know I look it's about 10% up to about where the trailer used to be yeah, this trailer has been removed Right, and then beyond the trailer it kicks up to maybe close to 20% Oh, I wasn't thinking back because I read that that yeah, but I was but it does look like this is further back than this Maybe it's just an optical illusion. I spoke to the mr. Peppin about that. Okay, that's where I originally Suggested He told me that because of that slope it couldn't be done. Yeah, I'm assuming he knows his property and right Yeah, I walked by there often so I do know it's a lovely walk Yeah, so my question is so you've got a lot next door. Yeah, that's not developed correct Right, right. Yeah, is that gonna be an issue for anybody who wants to to have this sort of come? I call him he said it wouldn't be no problem Okay, so I can't Can't say anything wrong right now, but they were going through a family issue We're in a turmoil right now Pardon me said I wouldn't mind at all. Okay, and the property on the other side is the long state of Montpelier Yeah, they think they're a state, but it's just a city Yeah Right even if they want to build a house there I would have to have a little probably variance to be in the safe side Yeah, yeah, I'm guessing there's wider than yours, but right And then the next lot over has a residence on right, right, right? Would like what I'd like to suggest is I really think it's straightforward. Yeah, I mean the presumptuous here But if we go through the criteria, sure We'll get there faster Not that I have any for any game to go to but No Saturday is the Norwich men are a number one in the country what Strong Yeah playoffs this weekend So first thing we need to look at here is section 1203 and that's really has to do with non-conforming lots and there are criteria in 1203 be Which it has to meet 1203 be this legally subdivided unable to convey separately from any other plot and This is a single lot subdivided many many years ago long before you bought it, right? Stand alone lot you you don't own any property next door. No, no, okay Existed at the effective date of these regulations it didn't yet It's at least an eighth of an acre. Mm-hmm my much, but it is It's twice as big it's enough and then it's not it's not less than 40 few wide Correct. So meets all those criteria So that takes us to the waiver criteria It's a paid for That one is 422 and waivers page 4-22 22 And which really doesn't have any criteria. It just says it you may be waived up to 50% And it's subject to the review under the criteria in figure 407 And the applicant I has addressed all this criteria by the way But we'll just go through them correctly Criteria one the proposed land development will not alter the essential character of the area or district in which the property is located And it's a residential property their residences on either side so And it's testimony says The proposed land development will not Substantially or permanently in pair the lawful use of development on joys joining properties There's nothing here that restricts use of joining properties. So we're we're reading your testimony here But if you want to add anything you can yeah, yeah, feel free to pipe right in and The Criteria three is the proposed land development will not be detrimental to public health safety or welfare And you any comments on that No, the proposed home will not be detrimental to public health safety. I'm afraid it's true I would existing residential property. It's I don't mr. Pepin is not planning on anything any Slaughterhouse new development that would be in conflict with what it was been for the last 50s hundred years or so Do you have a on-site wastewater permit for that on site wastewater permit? That's yet to be determined. Mr. Yeah, and we've called they do we've called the agency. Yeah, they haven't responded yet to us I would say that probably criteria three is met assuming that Yeah, he has a permit from the state of Ramon fold on-site water and wastewater Mm-hmm, right which is a condition of getting a permit anyway So it's we can't get a permit from the zoning administrator without demonstrating you have right water wastewater permit But we mr. Pepin was in my office and we called the agency. They just haven't responded yet And the fourth criteria Maybe questions comments The fourth criteria is the proposed land development is beneficial or necessary for the continued reasonable use of the property and so The applicant argues that it is beneficial for the reasonable use of property Because a different orientation would not work well Is that what you're supposed to say? He's articulated that to me That is we talked about moving the home perpendicular to the road to paint turnpike south and because of the slope of the property He thought that was prohibitive But it's it's it's it's in a residential neighborhood, it's a small lot It's really gonna only be a residential use the question that I have for for this board is if you And we can maybe go back because that the We were just unaware of what the property boundaries are on on that on that property Is it conceivable that mr. Pepin could put put back the exact same size of a house that he has there? but up against the What I what I believe was probably but up against the property lines You know if that's the case, you know this board doesn't need to meet I I was I Didn't I didn't have it I didn't have I wasn't very comfortable with making that determination myself just because it is right up against property lines and I Guess one would have to make the argument that either it was been permitted previously the mobile home Okay, it's been there which my guess is you can't you can't prove It were that it pre-exists the mobile home pre-exists all of our zoning regulations because we always had at least 25 feet side yard setbacks, so My guess is this mobile home was the violation of zoning from get-go But that's just my guessing only Are you asking for consideration beyond 12 and a half feet? You know I think 12 and a half feet would do it Leave you in would leave you 40 feet 45 feet to be exact for you. Yeah My house is 52 feet, but a lot of houses a lot less than 50 feet wide Yeah But you can't get any less than that right 12 feet 12 and a half feet. No, that's correct It's a half 50% is the maximum we were lying so I Would read this criteria to you in a different way, which is why I think these criteria need to be quite worked on a little bit This criteria is really says development is beneficial for the reasonable use of the property If you take only ores out That's what it says It's beneficial for the reasonable use of the property I don't think there's a there's no higher standard than that. Yeah So And certainly having a residence facing The lake I think yeah, do what your way you'd have to go to non-conforming structures And then it doesn't meet that criteria. I don't think I Mean that would be my opinion, but that's why it's in front of you folks because yeah I was not comfortable with going that route I mean because you can do them the modular the sort of the double I'm assuming there's enough room for the like a You know if you did the smaller Tiny home and I know like even the you couldn't do the double wide. Is there enough footage for that like There's plenty of depth there. Yeah, so There's very few mobile homes that you buy nowadays a much less than 50 feet, are they correct? Well unless you do the They have the shorter double one. This will be a custom Yeah, but a tiny home would fit on the property. There's all kinds of Property in camp Criteria, yeah, I don't think so And Barry the new one they put up. Yeah, I think that's more than 20 feet wide Yeah But not everybody wants to live in tiny. No, we're talking about reasonable use. Yeah You got property that has shoreland shoreland access right this property has a right of way to the lake does Goes with it and you're right. I should I should I should acknowledge that I Previously researched this property and I researched it myself myself and I look through the deeds and Though it's not definitively Mart or or no, but doesn't it does it the meats and bounds are approximately what what been portrayed You read more than I read As I looked at it's only fair this yeah, it's been a while like because I was looking at about 10 different properties at the same time So I I think it meets all the criteria Anybody have further questions for this afternoon comments on the criteria No Me too, I Discuss the next criteria, which we've dropped some some reason. Well, there may have been a reason for that I don't have a problem with it either. I just I just point out it's different than it used to be This is this housekeeping sorry Do you have any further comments you'd like me? No, no, no, I don't have any thank you I just think the unknown factor here is the survey and that's why We didn't put in definitive Sizes of this home because I think a survey will have to be done This application is simply for a waiver correct of 50 percent of the side yard setbacks correct It doesn't say doesn't say doesn't say he will have 45 feet when he's done. That's correct That's correct. It's it's simply a waiver He's presuming My sense is any reasonable buyer is going to ask for a survey Any reasonable buyer will probably ask for a per test Yeah, but then there are our unreasonable buyers But we're here only to hear one thing one thing only that's correct and in judging by only one thing Which is our criteria we have So I would entertain a motion to close the hearing Okay, I'll second What's been made second is there discussion that motion? Most been made to close the hearing portion this application All those in favor of that motion can signify by saying aye. Aye. Aye. Opposed And we're closed. Good. Thank you. All right. If I do have a survey I think I'm going to gain more land because I think a lot is small and I think it's bigger than that I think Just speaking from Well work I looked at before which had nothing to do with you or your property But didn't recognize the name. Yeah, Brenda That there was The right away you want to find out right away to the X the access to the late to well, that's true You should know the right Yeah, I looked at at least ten different ones. Yeah, some had restrictions some had no restrictions So some allowed for both houses this one did yeah So it was it was pretty loose. It was loosey-goosey stuff Not very well defined South of Joe's barn or something like that To the Beats yep Or did an interesting job on it. So the process is that You'll get a permit from us in about 30 days. Yeah, I'm praying I Would encourage you to to look at maybe doing a survey you have to you have to weigh the cost of that right right? Yeah, you're gonna get out. Okay. I to me that may make this Yeah, probably more valuable. I know I have to sell it because I really don't want to hold on No, I have to have a survey But I would say knowing the lake access or the you know What access to the pond and what rights the property owner has would be huge and you know that property? You just can't go right down through yeah anywhere. Well if they have the can have a boat house Well, that's what I said, but today's under the law there is there are new there are new regulations Yeah, probably prohibit that but in any case, I think even even the cutting for instance, it's been cleared Across the way. So you have a view right? I suspect that probably under current state statutes They'd be certain willing to certainly be restrictions on it Yeah, I certainly be good on it girly So Thank you very much rolling. Oh, thank you very much. Thank you. Thank you. And what is your name Polly Polly? Carla Tyler Carla Carla You used to work with my wife, didn't you? That's correct. That's right. I forgive me of your name. That wasn't 70s Years ago, that's right Robert Warnick Robert. Yeah, you're John. Pardon me John John Well nice to meet you all. Yes. Thank you very much. Thank you. Well, thank you for coming out. Thank you. I'm gonna get that survey Yeah Probably have a fire in hand before I did Okay, thank you very much. Thank you Are you okay the only other item we have for business tonight The recession you may want to have we do have the minutes of the meeting of February 4 Good night now So I don't know if I can vote on him because I wasn't at the meeting can I Looked okay I had no comments It was Pretty good set of minutes. No, yeah, it's fine. I wanted to reread it. I thought I'd read it, but I wasn't sure so Well, I move that we approve the minutes most been made second of motion second discussion I'll pay that motion. Please see if I was saying aye. Aye Opposed You have approved the minutes of the meeting of February 4 Does anybody feel we need to go into a little recession? Let's I Mean that we do okay, we have a motion 726 to go into a recession 726 is a second motion Polly and We are doing a session