Zoning Board of Appeals - Regular Meeting

All right. Let's open the meeting of the Village of Cold Spring Zoning Board of Appeals. I'm Eric Worth, the chair. With me is Marianne Remy, Billy Field, and Don Martin. First item on our agenda is a public hearing about eight East Belvedere through the defense. Want to come up to the table so you can be on camera? Sure. Should I come up to the podium or just to the table? Will the podium be on screen? I can do that. Whatever your preference is. You'd probably be more comfortable in a chair. I think Taylor would be nicer.

Maybe you can zoom out. He's presenter number one.

So I'll just say your name and then tell us, give us a picture of the project. Yes, absolutely. Especially including some of the Oh, the things that the board out schools over here.

I can give you.

We have additional visual aids.

I'm going to hand you four.

So you tell me when you're ready to see. So first of all, thank you everyone for being here tonight. And It doesn't look like anyone has joined online yet, but I suppose they could always join. My name is Christopher Devine. With me is my wife, Catherine Kreifels Devine. And we are currently in contract to buy the newly constructed house at 8 East Belvedere. In August, as the Zoning Board of Appeals knows, we submitted an application to the village of Cold Spring to construct a fence around our property. There are two distinct non-continuous segments of our proposed fence that did not conform with Section 42.3H of the Village Code. And as a result, their approval requires a variance. And that's what brings all of us here tonight. So I'd like to begin by describing in greater detail the two distinct segments of the proposed fence that would require a variance. So I turn your attention to the first page of the packet that we just reviewed. The initial proposal presented 8-11-26.

May I have a copy of that?

Sure. Thank you so much. Segment one. So this is just to describe, you know, sort of the lay of the land. Segment one is an eight-foot fence that runs along the rear property line abutting the Haldane Athletic Building. As everyone knows, the village of Cold Spring permits the construction of fences up to six feet in height in the rear yard. We are proposing a height increase of two feet. Segment two is a six-foot fence along a portion of the northeasterly property line. As we've established, village code already allows us to build a six-foot fence in our rear yard. The boundary of the rear yard is dictated by the rearmost setback of the main structure, and this boundary is noted in this drawing with a dotted red line. The variance we sought, therefore, would not be for the entire stretch of the six-foot fence on the northeasterly property line, only for the portion of the fence that extends beyond the rear of the main structure into what is legally deemed the side yard. Our initial application included a drawing, but it did not specify dimensions for this second segment, nor did we provide an elevation of the transition between the six foot fence and the 42 foot picket fence. Following guidance from the Zoning Board of Appeals, which was provided at our August 11th workshop, we came prepared today with that information. Over the weekend, we had a fruitful conversation with one of our neighbors at 10 East Belvedere. And these neighbors would be directly impacted by the second segment, the segment along the northeasterly property line. Following that conversation and in the spirit of building strong relationships with our neighbors, we have decided to withdraw our request for that portion of the variance. So I turn your attention to the drawing labeled revised proposal, which is presented, revised proposal presented 090826, which is today, without the side yard variance. So this eliminates segment two that I identified on the first page. On our northeasterly property line, we will gladly adhere to the existing village code. I will note, however, two things about this revised proposal. The first is that the village code does allow us to construct a six foot fence along a small portion of that property line. And that's the section noted in pink on the second drawing. And we do intend to make use of that allowance. And the second note relates to the transition between the six foot segment and the 42 inch picket fence. so your uh your packet contains an elevation and it's two pages later your packet contains an elevation that depicts what the transition will look like we'll need guidance from the zoning board of appeals about where this transition should take place for example must the transition be complete before the dotted red line Or can the transition straddle the dotted red line? We will adhere to whatever guidance we are given, but as far as we can tell, the village code does not address specifically transitions between fence heights. So that's something we need your recommendation on. We can, of course, come back to this, but I wanted to flag that as something that requires input from the authorities. So following this exciting, and I hope favorable to our neighbor's development, our sole request today is for a zoning variance to build an eight-foot fence along the rear of our property line, which abuts the Haldane athletic field. So that eliminates the need to go through, you know, how many feet out and how many feet of fence and that sort of thing. We will stick to the existing code. So there are three primary reasons that we wish to build this eight-foot fence. And the first reason relates to existing conditions. There is currently a chain link fence between the athletic field and our yard. Portions of this fence sit on Haldane's property and portions of this fence sit on what will be our property. We do not wish to engage in a property line dispute discrepancy as a matter of inches. We feel everyone's time is better spent elsewhere. And I don't think I'll be offending anyone when I say that this fence has seen better days. In particular, the portion of the fence that runs along Our rear yard is damaged. It is rusty. Parts of it are bent, falling over, and stormed with poison ivy. It is an eyesore and also, we believe, an attractive twosome. At its highest point, this fence is approximately 93 inches, or 7 feet 9 inches. We have proposed an 8-foot fence so that our fence will safely clear the height of the existing fence, accounting for any slight variance in field condition. to talk to us about privacy.

Sure. Do I have to come over here so that I'd be on the thing?

Yes. Why don't we just change seats?

Okay. So, hi, I'm Katie Greifel-DeVine. So, just briefly on the privacy matter. Right now, currently, if you stand on the Albany football field and you look at East Belvedere Street, what you see is that every other house other than what will be our house has between it not only the fence but also dense woodland so that you can't even see any of the other houses from the field. Because our property or what will be our property has currently no greenery at all at the rear except for the aforementioned boys and ivy, Our house is the only house that is fully exposed to the football field from any of the four sides of the football field. I would also just mention that there are very few places in the village of Cold Spring where large crowds of people gather. One of them is undoubtedly the Haldane Athletic Field, and that means that our house is, fence or no, one of the least private in the village. So we believe that for privacy sake and in order to have the same level of, you know, to be recognized in the same way that our neighbors are who have those trees, we purchased this property. When we first saw the property, it was densely wooded. The builder, we don't have any control over the property until we purchase it. The builder took all the trees down and we had anticipated, we thought the trees were going to remain. So now we're in the position that we're in where the house will be fully exposed. And I will note that I have a four and a half year old son. And I would like to be able to sit in the backyard with my four and a half year old son and not be in full view of the crowds and the spectators. And, you know, and usually it's just, you know, 20 or 30 kids playing sports. But on the weekends, you know, different public groups and also individuals use the field and the track, which we've seen. And I feel that it is important for us and our privacy and our safety to have that fence there. So that's it.

Okay. And so the third reason, Stevie alluded to when she said safety, the third reason is safety. Between the August 11th workshop and today, we have found five additional lacrosse balls in the yard. I mentioned this as a concern of mine at the workshop on August 11th. An experienced and skilled high school lacrosse player can throw a lacrosse ball at speeds of up to 100 miles an hour. Estimates vary, but cursory research suggests that the average speed of a lacrosse ball thrown by a high school is 40 to 60 miles an hour. And I think, as we all know, lacrosse balls are heavy and dense. Lacrosse balls are also not a force majeure. OK, so their projection into our yard or anyone's yard is human driven. it is foreseeable and it is preventable and we recognize that adding two feet to the height of our rear fence is not going to eliminate this risk but it will certainly help mitigate the risk further and in a separate forum we'll work with haldane to better understand how else we might mitigate the risk associated with crossballs flying to our yard for example the installation of a net on their end we do expect school will be welcome reasons, liability, financial, and otherwise. Among the five lacrosse balls we've discovered in our rear yard, one of them ripped through a brand new window screen and is now sitting on the windowsill lodged between the damaged screen and the glass window pane. That turns into a very expensive proposition. We don't begrudge anyone a good game of lacrosse. And moreover, we also recognize that our son one day might be on the holiday in the cross team. Nevertheless, we think safety is paramount and we view an increase in the height of the fence as part of a multi-pronged safety strategy. It is not the only step, but it is one of several steps that we would like to take. In addition to those three reasons, those three primary reasons, which were existing conditions, privacy and safety, I want to tell you just a little bit more about the fence that we envision. but I will reiterate, the fence will be cedar. It will be painted white. And although our house is not in the historic district, we nevertheless believe in the importance of contextually appropriate architecture. And the white fence seemed to be part of Cold Spring's architectural vernacular. So that is why we chose that particular color, and that is why we chose this particular material. The other thing I want to address, and this is something that came up at the workshop in August, are the contours. So I will draw your attention to the final page of the packet. There was a request by the Zona Board of Appeals to add a few additional contour lines to our survey. So if you look Towards the bottom of this site survey, it says chain link fence. And you'll see the dotted line that runs approximately, that is approximately coterminous with the chain link fence is 126 feet. And that 126 dotted line juts into the yard a little bit. So there's a portion of the proposed eight foot segment that runs between 126 and 127 feet. Then we have 127, then we have 128, 129, 130. And then the field really begins, the track, at 131. So from the track, which is where the people who would be seeing the fence most, from the track, the appearance of the fence will be depressed by five feet. between four and five feet, depending upon approximately where you're standing, which reduces the visual impact that an eight foot fence would otherwise have, right? So it is down in a ditch. Now I realize that that also, you know, going back to the lacrosse ball argument, maybe we should be proposing a 10 foot fence then, but in any case, there is a trade off there. So that's also an important consideration is what will this fence look like from what Katie identified as one of the most sort of public spaces in the village. Additional steps that we will take in order to increase privacy As I mentioned before, we will take additional steps to increase safety in conversation with the high school. That's not for this floor. But additional steps that we will take to increase the privacy that we desire is we will, of course, plant trees, which are depicted on the plans on the first and second page packet that you have. And we recognize that a large handful of trees were cut down before the house was built, and we intend to reforest to the extent that we can. But we also have certain limitations with planting. There is a very large underground rainwater dispersal system that consists of two large tanks. that occupies much of the side and a portion of the rear yard. As far as we understand, this was required and its presence limits where we can plant trees and the types of trees that we can plant because we need to be mindful of root growth over time. Okay, so even a tree that we planted now, if we planted the sapling, in 10 years' time, in 12 years' time could interfere with the presence of this underwater tank. The other thing is that the back of our yard, as was noted in the workshop, is very narrow. And so planting dense trees really renders the backyard less useful than we would like it to be, and its utility is already limited by its size. So we do intend to plant, but the trees that we can plant reasonably, given those physical constraints, will not create a full privacy screen, will not create the full privacy screen that we desire. So to summarize, We no longer are seeking a variance for the side yard. We will gladly adhere to the existing code. We do need guidance on where the transition can take place between the six-foot fence and the 42-inch picket fence. We are seeking a variance solely for the rear property line abutting the Haldane Athletic Field. And we believe that our proposed fence is necessary for our safety and our privacy. And we also believe that it's conceptually appropriate and that it will not create a visual disturbance to our neighbors. Thank you.

And that's the presentation. Thank you. That's a clear and concise presentation. Before we talk about and ask you questions, I just want to make a couple of notes for the record, which I should have done at the start. But I just want to let everyone know that the notice for this hearing was published in the August. So the public notice requirement publication notice was satisfied and the board has received proof that you mailed notices to the relevant neighbors by certified mail. And this proposal concerns an area variance at a single family residence. So it's considered a type two action under SECRA and exempt from environmental review. And I have received, I signed affidavit about the a yard sign announcing the meeting. And that is in order also. And the last thing was that the ZBA referred this application to the planning board for comment as the village code requires. And the planning board responded that it has no comment. All right, so that covers all of the issues of notice and so on.

It was also the notice was published in the items. That's not a requirement.

Board members, feel free to ask any questions that you have.

I think also, Eric, just tell me if I'm memory serves. So there was This was a new letter from one of the neighbors.

We received one letter from the public. Are you Stacy Messler?

I am.

Would you like to speak?

No, I don't need to speak because we spoke yesterday and they have withdrawn their application for the variants on the side yards. on both sides, right? Or just on our side?

There was no variance on the other side yard. So the other side yard was always in compliance with the code. Because it is technically not a side yard, it's a backyard. And we will be ending the fence at the rear of the at the rear most setback of the house. Yes.

Which is right. So I don't have any I don't have any comments. I did. I think Colin wrote to you and he did say that he thought the neighbor on the other side probably didn't see the notice or get the letter because they haven't moved in yet. And they closed, but they're new owners. And so they won't know.

Village law requires the notices to be mailed to neighbors at the addresses on the most recent tax roll.

I see. Yes.

address, Pamela Zucker, is the one appearing on the tax roll for the 2026 tax roll. So they've done their job there. So Stacey, do you want us not to consider the letter then?

You don't have to consider it because they withdrew the request for the variance on our side. All right.

So yeah, we did receive the letter. The letter from 10 East Belvedere commenting, but the letter is withdrawn. So we're a little aggressive.

8 East Belvedere? Is this another letter?

That was submitted with the original application.

Yeah, that would be, that was part of the original application. Just the owner, the current.

Oh yeah, that's right.

of the property.

The question I think is when I was thinking about this and I was thinking about we do think about the impact on neighbors and the impact on a neighborhood and I understand what it's an individual neighbor and the concerns there and then when it's an impact on potentially the public who are going to use this area, how do we weigh that just against an impact on a neighbor? I mean, is it more important that we don't have an impact on something that the public participates in? Or is it less impact because it's the public visiting and playing games in the area? Is that?

You're pointing to the unique nature of Haldane as a property. It's a quasi-public. It's private and public. It's used heavily by the public, but also by students alone. I think you should use common sense in adjusting the way you give. To me, common sense applies that the more people who are involved, the more people who are impacted, the greater weight or weight there is to that, that angle of view or whatever it is.

And so there, and another point that sort of rolls with that sort of goes the other way a little bit that, you know, the way the board has looked at things for is that, say, for instance, you're up against a railroad yard, or you're up against a state road, or you're up against a parking lot, an excavation business, or a parking lot, or a public area where the lights will be and where it'll be busy. We've tended to allow exceptions under those conditions because you're getting more effect Even though you've come to the nuisance, you've bought into the nuisance by buying the property. But at the same time, there's sort of an acknowledgment. Usually it's on safety, but it's also on noise and light.

Definitely. The EPA, going all the way back, has always treated a scenario where a private property adjoins a public property. especially justifiable for tall beds. And that's again, just common sense. I think the nuisance is greater for private owners. Here again, it's not exactly a public property, but it has many of the effects of disadvantages. Lights, activity, noise. Even worse, yeah.

So one question I was going to ask is I was trying to look at it and figure it out from the photographs, but your property, the back of your property towards Haldane is approximately near the field goal for the football.

And to the right. So it's the right half of the end zone. That's right. From the field goal.

I mean, and so either balls or will be directed to the end, whether it's lacrosse or soccer. I mean, it's something as to why you would see to prevent, as was discussed, projectiles coming in. And I think also the fact, but we can get into this if we do an analysis, I think that the fact that the property is lower than the field itself. by about five feet. Sort of, when Marianne mentions the public, well, they get this big fence view and sunken area.

Right. I'd like to focus on the transition part of the fence. I'm looking at your drawing here. You have 72 inches on the high end. That's not, that's, so okay, that's the six-foot portion.

There, we do not have a drawing of a transition between the eight-foot portion and the six-foot portion because we're just going to, yeah, it's just going to be a step back. It's a corner, exactly. So we didn't, we felt that it would actually be drawing more attention to itself if we created some sort of step down that wrapped around the corner. So it's just, when it rounds the corner, it steps. And then we have the sloped transition that is pictured here. And that slope transition is what happens between the six foot, what is considered rear fence to the 42 inch picket fence. The question that I had that I brought up is, where does that transition, where do we position that transition segment, which is to say, do we need to have arrived at 42 inches by the time we get to this dotted red line?

I think so. And that means to avoid a side yard variance. Yes. OK, great. I mean, technically. Yeah, no, understood. We just wanted to make sure. Or you could just ask for a variance for the portion of the curve that is above 48 inches, if you want to ask us for that. If that's how you prefer to build the fence,

We prefer to build the fence in compliance with the existing code so that we don't require a side yard barrier.

And you have to, the curve, at the point where the curve hits 48 inches, that would be positioned right at that intersection of the rear facade.

Okay, understood. Our fence guy is very good, so he will be able to achieve that. Okay. Exactly. Yeah. We'll err on the side of caution.

Because even if there's a slight drop down, like you do a nice hook like that from the 8 foot, and there's a slight drop down to the 42 inch, if that's what it'd be. Yes. Yeah. That would be, I mean, you still would have a nice gentle curve, and you wouldn't really see the drop.

Yep. Yep. Yep. We'll work out the exact dimensions, but just know that when we get what we're applying for us, when we get to the side yard,

It's easier for us. Will the rear section, the eight-foot section, be solid? This looks like solid boards.

I think I put in the packet.

It's also an elevation. The elevation is just a... And then in the original, there were photographs of a similar fence unpainted. Okay, so let's see. Yes. Yes, it will be it will be a solid privacy.

I mean, if it was up on a rise as opposed to be down in a in a low level.

Yeah.

That would be a different experience of it, especially solving.

Right. So the the plan, the plan shows you're really you've got about 20 to 22 feet of space. The wood hit it on the rear yard. On the property line to the building.

Yes. And that obviously narrows as...

Right. That's on its longest and its widest. And then it... On the rear yard on the other side... On the 10th, he said we're not pursuing the variance anymore. The rear yard is about 10 feet. Before it becomes side yard.

Okay. Do board members have any other questions for the applicant?

No.

All right. Well, then I'll make a motion that we close the public hearing. All in favor? Aye. All right. Unanimous. So now we will go to the next phase. We're required to consider five factors. All they looks into these five headings. And the first one is whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance. So this is undesirable change in the character of the neighborhood or a detriment to nearby properties. John?

I don't think so. Like I said, it's down. Except for the neighboring properties, but that's going to be code on the side. I'm not sure how visible it will be from across the street looking back at Haldane for people across the street from the applicant's house that are on the north side of the other side of the street. From Haldane, where we've been looking and figuring this all out, I don't think so whatsoever. It's just down in a 45-foot depressed area. It's much better than the rusty metal fence. It's, uh, it's going to be a nice, uh, styled fence and white. Um, I, I don't, I don't see any detriments at all.

I agree with John.

Okay. Billy. Yeah. Great. Um, I also agree. Um, There are many reasons that mitigate or reduce. I think there'll be a slight, I mean, a slight, the fence will have a slight presence from the street, very, just a hint from the, but the detriment will be mitigated by many, an exceptional number of factors compared with other applications we've had for tall fences. But the fact that the Haldane field is so big I mean, anything on the edges is dwarfed by just the dimensions of the space, the drop in contour, and other things that everyone has mentioned. So this factor works in favor of the application. Number two is whether the benefits sought by the applicant can be achieved by some method feasible for the applicant to pursue other than an area variance. Billy?

Well, I'm not a horticulturist, but it sounds like shrubbery can only go so far in this space. So it seems to me that this is the most reasonable

the reason why I asked for this is it's going to be a five foot fence by the time you're up on the ball field so I really don't see it as an issue but yeah I agree with that you know I'm all for planting tall trees but you explained really well why you can't have a line of tall trees there so and I also think that it's favorable to have the fence not be lower than the ugly chain link fence.

John?

Yeah, I think that, for instance, I planted a 15-foot privet between my house and a neighbor's house as opposed to putting up a fence or anything like that. But there's an exception here where you have balls coming over. You have schoolchildren maybe crossing, cutting through the bushes like we probably did when we were young, cutting across yards. So I don't think vegetation would really be the solution to get the appropriate privacy, especially if you're a young kid, but you don't really look at those private factors, but the public factors, the athletics that go on next door and the like.

Yeah, I agree. And then also the limited size of the backyard, the plantings of vegetation, bushes, hedges would eat up a lot of the backyard and would come at a high cost. So although there is an alternative that's technically feasible, it has serious deficiencies.

So this is under the circumstances, because of the white white water. Thank you. Water. Something about a dry, dry, dry wells.

Like, I don't know what material that constructed. I was not there when they Is that why your line of proposed stopped.

Yeah. Yeah, right.

Because it's and then we have one tree in the corner and then one tree in the front corner. This area here. Got it. The tanks don't occupy that full area, but we have to consider what will happen to the root base in the future in 10 years' time, in 15 years' time. When were the tanks put in?

Six months ago.

I'm trying to find out what they're made of.

I think they're like PVC at some point.

That's much better. Clay pipes. No. Implicated by the tree repose. Yes. Yes.

No, it's, I mean, some kind of plastic. Yes. And we just built another drain where the driver would put pavers where the driver will be drained from the driveway also feeds into that. So, I mean, we'll see. We'll see next summer. Or maybe the fall.

Or when the snow melts.

But yeah, it's kind of a neat system. In any case, we will plant as much as we can. I mean, I'm all for planting tall trees too. I'm a card-carrying member of the Arbor Day Foundation.

I love trees. All right. So the consensus on this factor works in favor of the application. Number three is whether the requested variance is substantial. I'll start by saying I think it's substantial numerically, going from six to eight is a one-third increase in footage on paper, but just numerically. But I think in effect, it's not substantial. So it's substantial numerically, but not substantial in effect for the reasons that we previously stated.

Marianne? I agree completely, yeah.

John? Agreed. So that factor is generally for again, worth for the allocation. Number four, whether the variant proposed variants will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. John?

You know, I don't think so. Sometimes we think about airflow and light, so on and so forth. Again, because as you mentioned, the contours are down almost by half the height of the fence from where the fence would be most visible. I mean, the house will block much of the fence from the neighbors across the street, you know, potentially. And, you know, Haldane will see most of it. But I just don't see adverse.

Billy? But yeah, I agree with John. Okay. Mary Ann? I agree with John. Okay. I agree. of effect will be minimal. Last, number five, whether the alleged difficulty was self-created in a sense of whether the applicants knew or should have known about it at the time that they acquired the property. Mary Ann?

Well, the answer to this is typically yes. Right.

Almost always yes.

Didn't need to build a house there, I guess. I don't know.

Billy?

I suppose, you know, you saw the property, there were trees and there weren't trees. Yeah, I'm not sure. I don't know what the timeline of that is, to be honest. And I'm not trying to litigate that either, by the way. Just, I don't know. It's certainly...

We don't have evidence, actually.

It feels a bit immaterial for our conversation.

Don? Yeah, when you look at self-created, sometimes you buy a house that's too small and you want to build it bigger because you want to have three more kids, but you don't want to move. So that would be self-created by having three more kids, I suppose. You know, in this case, they're buying a house and they saw it. They know it's right next to the school. But I find it almost less overheated than most situations because halidane is such a, you know, an impact on the senses, both light, balls, interaction, layers, noise, you know, so this is one of the low ones on the self finish. Yeah.

Okay. So this one has a mixed effect, but in any case, It carries the weakest weight toward the overall decision. And in sum, all the factors come out in favor of the application predominantly, except the last, which is weak. So my sense of the discussion is that the board is leaning toward approval. Is that correct? I'll make a motion that we approve the application for an eight-foot fence along the rear property line. I'll second that. With the understanding that the fence will be conforming along the northeastern sideline. I second that. All in favor? Aye. Aye.

And also, you're just going to probably put in it was withdrawn specifically in the order that the side yard variance, which is the previous, you mean the previous reference to a side yard. Which is in the packet.

Yeah. Currently.

I mean, it is set outside discussion, so it's not actually in the document.

Actually, yeah, the side yard was not even in the building inspector's referral in the first place, so we're

What's the footage of this in the original ask? The original ask was, Katie?

The original, it's about 24 feet.

I think it was 24.

About 24, and now it's upstairs.

Yeah, so it was 24 feet of which the first third was allowed.

Okay.

Right.

So the board will now put the decision in writing and then at the next meeting, we'll accept the vote on the original version. But the decision is made and you're free to go ahead. Marjorie, what is the mechanism for today or now, the mechanism for notifying the building department of this decision? Is there a mechanism for So that the applicants don't have to wait until the decision.

You would write your decision in a letter that we would present it to the building department. They would issue the appropriate certificate, certificate of appropriateness or whatever these zoning board issues. And then you could carry out with your project. And before it's done, or when it's complete in your eyes, you would call the building department and request an inspection and they will attest to the fact that it's been built as you specified and as the zoning board approved and then you will get your certificate of occupancy and compliance from the board and that'll be if you ever sell the house when your grandchildren are moving on. it'll be in the packet that this was approved and then new people won't have a problem that they put up things with that.

Any letter I write will not be official until a future meeting when the board, I mean, our official decision in written form won't exist until a future meeting, but they'll want to get going for that. I'll confirm with the building department just to make sure. It's always been a little unclear how word gets through to the building department whether I should write an informal email message or...

I mean, you did make the decision tonight. You voted on the decision in the board to make the resolution, and the resolution becomes a law if it's a law or whatever. So I'm not sure why you wait for the next meeting. if you made the vote tonight.

Because the wording of the resolution is potentially sensitive. That's right. I can't take it on myself to word, especially in a more complex issue, to word at all.

When is the next meeting?

It'll be in two weeks, assuming people are available.

And can you wait two weeks?

Or would you argue to planning them?

I mean, you don't own the property.

We don't own the property. We do have permission from the current owner to begin work on the fence when it is issued. How long does the permitting process take after?

As soon as the, you know, that's a pretty simple matter. Okay. Okay.

I mean, the fence company is ready to begin work next week if we need to tell them that it needs to be the following week, that would be fine.

I'm unclear about what the... We couldn't tell you to go ahead and do it.

Right, I mean, I don't... That's it.

In some cases, it could be a while before the board meets again and votes on the resolution. I feel like there needs to be another way of getting the word to the CEO that that's I mean, he's created a referral saying you need a variance for X and getting the word back and said the meeting was held and the variance that you mentioned in your referral has been granted. That's all he needs to know. He doesn't need the exact wording of the resolution in most cases, unless the board added conditions. But if it's a simple, straightforward approval of the thing he mentioned in his referral, I feel like But it is.

Yeah, because the referral only mentioned the eighth week. It didn't mention the side yard variance.

I think whatever letter you write to state, or even if it's just the minutes from the meeting, you know, it has to make clear that the side yard variance has been, the request for side yard variance has been eliminated from the request. And we're you're just talking about the rear.

I think it's Is there any reason why I should after immediately after the meeting when we make a decision like this, I send an email message to the buildings department.

Is that what you do?

No, I've never done that. But that to me, that makes sense.

Oh, I would send it to the clerk of the court. I mean, the clerk of the village. And then let them do it formally.

You are the funnel for information. To the clerk. Everything funnels to the clerk. And then I would forward it to the...

I think that's the way, the best way to do it. That's kindest to everyone. I mean, usually applicants are champing at the bit to get started. And we may not meet in two weeks. Maybe we won't have a quorum.

Yeah, there should be a specific rule.

There never has been. I've never done anything and it somehow just happens magically. I think somehow the applicants just go back to the billings department and say, we got approved and it's just kind of been informal. I'm just trying to think we should have something for and it makes more sense for the chair to send a two sentence email message to be forwarded to the CEO. It makes sense because then We've done the work. We've done the approval.

And then we'll have the paperwork to back it up next time we meet.

But are you, you're asking for the building department to issue the building permit. And so what they need to see is the plans as it is to be built. Because that's what they'll attach. And that's what they'll be expecting.

Between the applicants and the CEO, they'll work out what further But just as far as settling the matter raised in the referral is all I'm dealing with, the required variance, just so that that box can be checked.

Right. I mean, I think it's, you know, informal motion and a vote is technically the same as a formal resolution and a vote. I mean, it counts just as much. Right.

It's just kind of a word recording into the system mechanics of That's right. It's never been clear. We've never had a consistent process how the word gets to the CEO.

And how quickly the can move the project.

That's up to them.

So yeah, just to be clear, I mean, so whatever you're going to give to the building inspector, so nothing confusing, which diagram are you going to give them? So you're going to just stick with the initial referral and not leave any diagrams? Right, right.

Okay, that's all for you two. Thank you so much. Wonderful.

Thank you for the materials being so clear. Oh, of course. It made it really easy to speak.

Thank you for your consideration. My son said to me after the last meeting, Daddy, what happens if no one wants our family?

Before now.

We're talking about I know you're still in the middle of ancient Greece and ancient Rome a lot. And I'm talking to him about early democracies and voting and freedom, all of these ideas that a four-year-old wants to know. And I said, yeah, he does. He's always very excited about these things. And I said, this is a beautiful thing that we get to say we want to build a fence. And then we get to have a public conversation about whether or not. And then people can come say, no, we don't want the fence. Yes, we do want the fence. It's different. This is amazing that we live in a part of the world where you can come to a meeting and say, I don't want it. And you're still that person's neighbor.

I think I've only had one or two experiences where it got difficult between everybody. Right. So it's, it's anyway.

We can't wait to be your neighbor. Yeah, hurry up for God's sake.

There's just one more thing I believe on the agenda, and that is minutes for the last meeting. It's quite simple. Yeah. Take a moment to look at them and see if there's any

I read them, and it seems to me that they're as it happened. Eric is very complete and did a very good job of explaining what we discussed. So I approve of it. I don't know how to do this officially, but I'm good with the minutes.

No objections from Billy. But good to me.

No objections.

All right. Anybody want to move acceptance?

I move to accept the minutes as written. But I don't have the date in front of me. The meeting minutes of August 11, 2026 as written.

All in favor? Aye. Aye. Unanimous there. Anyone have other business?

Thanks for answering my question, though. That was very helpful.

Are we done reporting? Are we done?

I make a motion. No, I'm sorry. I will second it.

All in favor? Aye. Thank you. Now we can square it. OK, great.

Wait, we're still on. Are we?

And thank you.