 All right, well, it's called the Burlington Development Review Board meeting for November 1st, 2022 to order we have a quorum. And I'd like to welcome everybody. Our agenda tonight is posted. And Scott, I think the only potential change is that hunger for terrorists has asked to defer the application. Do you consider further revisions and they didn't ask for a date certain do I have that right. You have it right except that as of today, like to go with December 6 for the date certain continuance. How does our December 6 look. There is room for it. So moved. So moved second chase. All those in favor. All right. So we'll proceed through our public hearing. There are communications that are posted online. That we all take into consideration. And the minutes of the meeting, if any DRB members have changes to those, please get them to Mr. LaCava and the rest of us. Because I've learned I need to sign them more quickly. So I'll do that. So the first item for public hearing is to 17 star farm road, ZP 225 40 establishment of a cannabis home occupation business. Before we start, I'd like to get everybody who's going to testify on this to raise their right hand so I can administer an oath. Scott, do you want to promote the applicant actually. I was waiting for hands to go up for folks who are looking to testify, nobody's raising their hand, and I don't see any Kenneth doll and the attendees. Okay, let's put it this way if you're the applicant. Because you raise your name, raise your hand under a different name. On this. Yep. Yes, you can hear me. Okay, I don't see myself or anything, but we don't have our videos on for testimony on the panelists. So, anyway, I'll do it this way. Can you raise your right hand please. Yes, I'm raising it to tell the whole truth and nothing but the truth under pains and penalties of perjury. Yes, sir. Okay, great. So we have in front of you in front of us your application for the establishment of a home occupation, small scale indoor cannabis cultivation. Just briefly describe your project and what you'd like to do to us. Do please describe it to us. Sure. In short, that's it. It is a small scale cannabis cultivation operation. I will only be using a fraction of the potential tier 1000 square feet canopy that would be allowed by that licensing 150 square feet. I will be growing cultivating the cannabis in my basement drying it down there, packaging it and selling it to either directly to retail establishments or possibly other licensed retail establishments or other licensed wholesalers, or licensed manufacturers just depending on what is available for me. You know, and what how the market plays out and who wants to buy what I have to offer. As I move forward, I do hope to grow the business and move out of the house and into a more professional facility that would be allow me to do the maximum canopy for my license tier and grow the business more seriously. I'm going to have tell us about the electronics you'll have. Yeah, so I'll be growing in what they call grow tents, which are kind of self contained systems of reflective materials are basically like a room within a room and support. The tents that I'm going to use will support two lights that led grow lights. They are the most efficient in terms of electrical use and they're also are the least kind of grow light that produces the least amount of heat. So really for me they're about the only option. This scenario of growing grow tents. I think it what I know about the industry is leds are the way that everyone will go anyway, but so each light will draw approximately depending on what brand I end up I don't have them purchased yet but depending on the brand. The lights will be drawing anywhere from like 400 to 600 watts each. And then as far as other electronics like so each tent will have two lights each tent will have an inline fan and an inline fan is the fan that kind of sucks the air out and scrubs it as well. So that fans attached to a filter carbon filter, and those filters do two things. They do kill older, but they also help clean the air of contaminants so they're essential. Whether I was trying to kill the odor or not. I mean, at least in terms of producing a good product for sale. So those fans, you know, they're just like a normal fan we're talking about like 50 hundred watts, then each tent will also have a couple small clip on certain fans that will do like circulation of the air. They're just small. They're like a desk size fan. They'll clip on to the structure of the tent and just move the air around to keep it from getting stagnant. And then the room itself not not in the tent, but the room at my basement. And we're just talking about like a normal household dehumidifier, something you would find in any basement. And that's just going to take the moisture out of the air that might accumulate as the plants respirate. And, you know, I'll just be dumping it kind of like you would at home, you know, take the bucket out once a day, dump it in the tub or something and that as far as electronics. And that really covers it. I, because of the size of the operation I don't need to do air conditioning units. The size of the basement and given that it's underground provide enough cooling for me to get by. This really is like just kind of a stepping stone hopefully the less time I'm down in my basement the better for me. But so maybe like a couple of timers talking about the as far as electronics couple normal timers the kind of timer you would hook up to your air conditioner or something and you could buy in a hardware store, just a heavy duty timer. They have simple ones, and they have digital ones. A couple more Watts there. Sorry, this is Leo. Sorry, have you done a full kind of load analysis of what your maximum load might might might be the maximum load would be. Well, let's see, let's go with the maximum amount of wattage for per light, six lights. So that's 3,600. Let's have you right there because I guess I guess all this is leading up to the fact that in the report it says the repose home occupation will likely entail additional demands on municipal water and sewer serving the property. Logan has obtained a capacity letter from the Department of Public Works as required. I'm wondering whether you've talked at all with the, with the electrical department and and seen whether whether this is a system that that they can handle. I have talked with the building inspector. And after my discussion with him. Yeah, he said that I should get a permit from the electrical department. I've talked to electricians to professional electricians who will who have told me that the already the system already at my house would support this. But they felt that it is likely that the electrical inspector would probably want an upgrade of service at the house, but that's something that I asked him to go do for me after we get through this step that he would approach him and find out exactly what he would need, because I felt like I would want an electrician on point on this so that I wouldn't. So that I would have a professional knowing exactly what, you know, is going to be needed and not have any guesswork and then also have somebody that I'd already be working with. To do any potential construction. Like I said, he felt that the already 100 amp service at the house would be enough to handle the load of this electricity. And he said he felt that it's likely because of the nature of the business and and the inspector probably wanting to go extra safe that he would probably have us upgrade the service to 200 amps. Okay, thank you. So the water department, I don't know if you if you want me to comment on that I did get a letter of approval. I explained everything in terms of water from them and they're, they didn't see any problems there at all. Sure. Wonderful. I also had a question about the order I saw references to exhaust fans out of out of the tense is there also going to be a designated exhaust fan out of out of the basement or how do you So, so the air. I'm just wondering about kind of whether it's all going to circulate in on it itself. And that's the plan. I know that that probably sounds. It's really because of the size. It's a much bigger scale operation. It would be needed to vent that air out, because I'm starting so small. I'm not going to need to do that. Part of my plan to is to, to separate the flowering cycle tents. There'll be two of them. And I'll run one. I don't know how much you guys know about the growing of cannabis but like a flowering plant only needs light can only get light for 12 hours a day. Or else you won't flower. So if you picture two tents that have the flowering plants in them. On like say, you know, just call it like noon to midnight and the other one midnight to noon. So, the heat will will, for one it'll help lower the heat during the hot times of the year but during the cold times of the year, it'll help keep the basement when it's getting cold at night. They kind of do both things. It's, it's not an ideal situation in terms of growing the best cannabis but also I'm really trying to do like I said is, is get started on the business and build up so that I can get to that more professional situation. Yeah, yeah, so the, the, the scrubbers will scrub the air and the air will just be in the house and will, you know, I guess get evacuated and just more like any normal air would get evacuated from home. I mean, in terms of odor, the scrubbers, depending on the size you get, they'll last about six months to a year, and you just get on a regular schedule of replacing them. And there really shouldn't be that much of a problem. And, you know, technically, you know, any resident in Burlington could be growing marijuana. And also not use these scrubbers at all. And so odor isn't really like necessarily I think unfamiliar to residents of Vermont in general. True. Do you have in the application and see it. And he's, you know, if we ask somebody to have a lighting plan. You know, when when someone is traditionally used for something with lighting, we often ask for lighting cut sheets and detail sheets about what's actually being used and I hear your testimony about the use of the scrubbers and the tense. And I think that's important mitigation. Some detail sheets or some product examples that you could submit to us for the part of the record that would show the scrubbers to be used. Sure. I, I, I haven't bought the equipment, because I don't want to invest in the equipment until I know that I'm proved, but I can certainly send samples of specifications on maybe two or three types of fans that I might you know, there's there's different companies, there's different lighting designs out there, and I don't know what I'll get yet. You know, kind of depending on availability and pricing and efficiency, things like that, you know, it will just kind of depend on when I actually buy them what specifically I'll have but I could certainly research and get a couple scenarios for the type of equipment specifically. I think you'll find that they all fall within a like a pretty reasonable similar range and how they function and and and you know the amount of electricity they'll use and all things like that. All of the electronics that you have listed or all be on the interior of the house is that correct. Yes, the interior in the basement of the house. Yeah, I guess I don't know if there's a question for staff but normally for lighting cut sheets and things that's for exterior lighting or we typically have that requirement is that right. Yeah, that's right the zoning standards are about outdoors. The windows in the basement will be blocked I mean the lights will be in the tents so that's technically only when I unzip the tents to work on the plants during their light cycle with any light you can come out of the tents, and then they have to be sealed up or else you mess up the cycle of the plant. But I only have a couple windows that actually look into the basement and ever since I've lived in the house I've had those blocked with some insulation, just to reduce heat loss, and I don't, you know I'll keep those, I would keep those covered anyway. So don't know light leakage out of the basement windows for sure. Yes, Jeff hand, one of the conditions that you're applying for a home occupation use for so I think one of the implied if not explicit conditions is that you live at the house. I just want to make sure that's the case and that you understand you need to remain living there as a resident while you're using it for this operation. So this is my home with purchased it just over a year ago, although I've been living in it for more than a decade as a renter. Great. Yeah, it'll be predominantly a residence and it's our home and yeah. I'm motivated to get out of the home in terms of this business and and make it just my house and not my work. Okay. Good. So I also just want to make a comment for staff so that I think it's important to say that. If you look up, you know, cannabis cultivation is regulated under the municipal under title seven section 869 cannabis cultivation is not farming and is regulated under title 24. There's confusion to this point. Small cultivators are 22 the legislature passed Act 158 which amended this general rule to say that certain types of small cultivators are exempt from municipal zoning regulation, but they have to be subject to the required agricultural practices on a farm. Since this is not on a farm and not subject to the required agricultural practices, we have jurisdiction over Scott is that the city in line position there. Yes, I'm impressed AJ it has to be on an existing farm outside and can exceed a certain size. This is inside and not on a farm. Okay, I just wanted to make that point because there may be people who look at this and wonder what's going on. So, does the board have any more questions for the applicant. All right. There's anyone in the audience to speak on this I know we asked before and no one raised their hand. The attendee show up if you'd like to come this item raise your hand. Otherwise we'll move on. Nobody's raising their hand. Okay, well, with that I'll close the public hearing on this item. So our next item is a Certificate of Appropriateness 251-253 South Union Daisy properties Steven Crandall construction of five unit building addition utilizing adaptive reuse of historic structure. I'm going to get everybody who wants to speak on this application to raise their hand. And do you swear to tell the whole truth and nothing but the truth under pains and penalties of perjury. Do you applicant do you in this rose. Hello. Hello. Yeah, my internet just glitched out random to raise my hands, but I'm here. Okay. Do you swear to tell the whole truth and nothing but the truth under pains and penalties of perjury I didn't hear a yes. I do. I didn't hear you. Okay. And Stephen Hill is also there if you have any questions about the architecture design. All right. I'll tell us about your project. We talked about this. Isn't this just here for the. Oh yeah, right. That's right. Yeah, that's right. The transformation demand management. So we, we wrote a transformation plan submitted it. I was in touch with any car share Vermont to work out whether or not they would want a car share location at our building they seem to indicate interest because there's a lot of cars downtown but not many in the area so we have said that if there is demand from car share or desire from car share we will support that certainly and place a car share spot on our building. And if we could do something electric there we will support electric charging there as well. And the other item was the inclusionary zoning I've been in touch with Todd. And we have the spreadsheets, we're passing the spreadsheet back and forth to figure out what their requirements will be. I don't think the board have any questions on the transportation demand management issue. Yes, there's line parking will be on bundled from rent and made available at market rate. I think that's pretty straightforward but but does that mean theoretically that that that's one person one unit could bid on two different parking spaces. I'm not exactly sure how, how that would work. Well I don't think there's a bidding process but I think we've got enough spots to justify the number of people that might be in the building and we can certainly create a waiting list will be first come first serve and yeah somebody could have two spots if they really one of them we do have one three bedroom apartment in the existing building. But if somebody had no spots and they would not be paying additional rent for apartment spot they're not using. Right. Okay. Any other questions anyone in the audience here to speak on this. Sorry, there was a line. There was a line in in the report. Note that use of these spaces by residents of this subject property will likely require an easement with the joining property for access. Do you have an easement. Because in existence for the building was not conveyed with title transfers we have to renegotiate that for the six spots that are on the north line of the property adjacent to the north property and access via the north properties driveway. It seems like we will likely be able to do something with there is no parking minimum so nice. Yeah, I'm just going to ask because that wasn't made clear when because original application didn't have those spots in it. When you did the front building, and then you put them back in. When you did the addition, but it wasn't clear that those spots are ready for this project and not the building house next door. And your choice at this point is to use the spots there rather than trying to do it on your own property. Right. Well, all the spots around the current plan exist presently as paved area. Right but other spots that are not accessible on your from your property are they used for this lot or the lot next door right now. Right now they're kind of just used by right now they're being used by contracts or building the building as well as times to the north property. Right now they're being used by contractors we're working on the renovation of the existing building, as well as tenants of their property we haven't hammered out any sort of firm delineation. It'd be nice to get that clarified if not in the application at least subsequently. Yeah, I mean I feel like we have to have that clarified but it's not in our jurisdiction parking spaces available for this project that in the end may not be available for this project. Right. Right. It's like offsite parking. You know, there's no parking minimum on this project. So, opportunistically we would like to add them to the project but if we can't because of disagreements with our north neighbor it has no impact upon the viability of the project or its conformance to the code. We have them currently in the plan but we're happy to if the DRB feels like it's necessary to fully clarify that with the zoning board before we get to pick up the bill permit we're happy to do so and clarify that. Right now we have them in just to err on the side of the maximum lot coverage and ensure that we would be conforming maximum lot coverage. So, so removing them seems easier than adding them. Is there any issue with the lot next door having parking spaces for offsite parking for another property? It depends but I'm going to say no because parking minimums have been tossed and the right back right now. Basically say you can share parking between properties. I don't feel like we need anything else. I don't anybody on the board, and nobody in the audience here to speak on this. I'll just confirm it looks like there are no ground mounted units. So everything is within the new structure. I'm sorry. It appears that there are no new ground mounted units. So like no condensers outside. Yeah, I think it's all you mean structure. So nobody in the audience. All right, well, I see no hands up Scott you see no hands up so with that close the public hearing on this item. That's our agenda for the night. And with that, I'll close the board meeting for tonight. This is on the VP 22 dash 540 to 17 star farm road that we approve the application and adopt that findings and conditions. I'll second that. I was just looking at the conditions of approval. And there isn't anything in the conditions approval that talk about odor. Do we want to have that. I mean, I know it's zoning regulations that are not supposed to. But do we want to have that in the in the conditions of approval that there be no odors outside of the house from this operation. I mean, it is included in under number seven under the special use regulations conditional use reviews. It indicates that no all my patients shot create sounds noise dust vibration. So do we need an additional condition that requires that if that's already. Well, that's what I'm asking. Perhaps because it's the first one. I mean, this is this is one of the first little bit of due due diligence to include it in the conditions. I want to just says that as per the zoning regulations, there should be no odors outside of the house in this operation or something like that. I would accept that amendment he does represent that in his application that it will not create. There will be no odors outside of the vapors that will be detectable outside the immediate area of the basement. Okay, I'll agree with that. Okay, part of that. So I'll agree with those conditions for the discussion. All those in favor passes unanimously. All right. The beginning of this thing. There we go. No, that's not the right one. Sorry. ZP. The link. The link is incorrect on the website. Okay. 251 253 South Union Street. Whatever the ZP number is. I move that we approve the application adopts staff's findings and recommendations. Second. All those in favor. All right.