Planning Board - Regular Meeting

2025 planum board introductions please mark Rich board member Vince Messer board member John Deo chair Rick ly Vice chair Mike Hy board member and staff introductions please Bry Merl assistant city planner Robert Grant Co enforcement Sarah delin Deputy city manager okay uh item number two adoption minut minutes from the February 5th 2025 regular meeting anybody have any additions delions is not a motion move to except the minutes second of the whatever meeting all and favor got to move faster uh item number three final plan review of a minor subdivision and tile boo subdivision for applicant Skyler Lewis proposal is to construct a single family dwelling on a lot with an existing duplex rental property the subject property is approximately 1.1 acre lot located 24 Grand View Drive tax map 15 lot 21-1 in the neighborhood Zone anybody here representing the applicant looking around Skyler Skyler Lewis like looking around okay probably one of your aliases I don't think anybody no nobody's on Zoom is there burning no no good uh okay you were here last month why don't you just quickly go over what are you trying to do uh just trying to build a single family home you know the three-bedroom two bath and I mean really not much more to it yeah I mean the the I guess unique thing about it is actually a subdivision I mean you're not here because you Planet board doesn't deal with single

family hous so this is a lot that has a duplex on it you're adding a third within five years yep which the city then considers a subdivision yep okay um and one thing I will do before we unless you wanted to say anything else no okay uh we got we received a letter from Crystal Emerson and it uh Britney sent it to me today uh now I will note that it's kind of a receiving a month late basically because originally Miss Emerson wrote this on February 5th uh which was the same day as our meeting last month and it it was sent at 5:13 p.m. our our meeting started at 5:30 so most likely Matt didn't see it that night uh the next day he got a job offer and is gone uh Bean and so I'm just and M Emerson kind of sent a followup today uh saying will this email be read for comment at tonight's meeting uh actually so I think what I'm going to do I'm going to read it uh because there are a couple questions I have on it and you might want to answer some says I am unable to attend the public hearing this this evening but wanted to ensure that I would s my comments and concerns regarding the requested subdivision and additional home to the 1.1 acre lot at 24 Grand View Road I live at 30 Grand View directly abing this property which has been turned into an Airbnb rental the property has brought added traffic to our quiet neighborhood where many families walk with their spouses children and pets since the construction

and Rental of 24 Grand View our children have been told to shut up quote unquote while playing in our yard and we've had we've heard tenants argue in the middle of the night our current subdivision has strict covenants that made us feel as if we would be protected from such properties such property use business rentals Etc I'm concerned for the added traffic the ungovern Airbnb use where elworth does not have clear guidance in place the same owner is adding yet another duplex for Airbnb rentals just up the street from a lot I'm also concerned how 24 Grand View being a small 1 one AC lot has passed another soils test to add another unit three-bedroom house to it when it struggled to pass a single unit Soil Test please consider our neighborhood's desires on not allowing this additional subdivision unit be added to 24 Grand View Road and clear Airbnb short-term rental guidance has exist and help keep our quaint able in a small a local small Safe Community thank you Crystal and Seth Emerson uh some of the points I mean we did discuss last month um in that there was a many of those lots in that neighborhood were part of a subdivision built by the king Brothers Associated Builders uh Beach Corporation and presume we had restrictive covenants in it uh the lot that you 24 that the one yes and 21 does not have those restrictions correct I understand but I I think kind of one question I would have for for staff is that I we generally get copies of deeds in the packets uh has the city actually

verified that there are no restrictions on this lot to prevent an additional unit being built yes okay i' I've looked at the de I'm not sure why Matt didn't put in the packet last month but I think we can guess it yeah well but yeah I've I've looked at them okay okay so I mean I'm M Emerson brought that up so I mean it was discussed last week but it wasn't you really proven that but as long as you no yeah I I've had other members of the of the neighborhood of called asking about why he's allowed to do that and they're not uh so I looked into it and I you know I I showed I showed the the residents examples of here's his here's his deed and here's yours yours as covenants because it's part of the subdivision uh his is not part of sub of that existing subdivision he's creating new one for himself okay um I mean if you want to make any comments about other complaints you can or if you don't I mean I don't have anything to say okay I don't know I should have been at the dang table or you can just bring a chair up next to your husband that's fine you're the better speaker okay I'm Caitlyn Lewis hello everybody again um so I'll just comment on a couple things the added foot uh added traffic that she's stating I we walk that road every single day that we can with our dogs and our child and a stroller and we do not see the added traffic that she's talking about like we literally walk thats every single day there is no added traffic any addition than what is already there in the neighborhood as far as people having people come over Etc if anything we have less traffic at our properties than the

rest of the people in the neighborhood so I don't really know what she's trying to do there or make a point of but it's not very it doesn't add up to that um but the other comment I will comment where she says that uh her kids were told to shut up my husband and his friend were in the yard shoveling in the septic when her kids were outside playing and her kids were yelling go away neighbors we don't want you here and so his friend jeling was like Hey shut it just like just a light-hearted thing that he was just doing it wasn't like hey shut up like it wasn't anything like that so kind of was taken out of context but that's essentially was the timing on that like when was it here um yeah when was it when did we build it when did we build the duplex you were shoveling the SE months ago months it was before snow was on the ground I think it was probably like a while ago but uh September yeah it was a long time ago I mean and I one other point that she made uh when a struggle to pass a single unit soils test I obviously a soils test was done yeah it never struggled I think she just assumed because when the lady was doing the original septic she walked over to her property to see where the well was but that's like I think she's talking about where you know how it was laid out before no it couldn't pass how it was and they had to turn it maybe I don't know I don't really know well either way I mean obviously there's a professional like septic design on plan I was just assuming maybe she assumed because the original lady walked over to her property to see the distance from the well so I didn't know but before I bought the lot the property was struggling to pass a soil test so the people that I bought it from changed the like the layout of the property and made

it 250 ft back instead of 200 so maybe that's what she was talking about so the whole lot had to be like resurveyed y so and I think that's not that I know a lot it has passed yes yes and obviously had a soils test a good soils test for the duplex and and now a new one for the additional unit yep and you know I would just say that you know while and I'm not you know talking about the validity of somebody's comments about kids being told to shut up or or not or whatever but those aren't the kinds of things that we really necessarily act on with in the in the purview of the planning board I mean you know that's just not in our rule book so right you know yeah and that's as much to person how there where she is and you I mean it's just kind of like I'm you know resolve it it's not our issue right right it's more like a neighborhood thing it just kind of seems like they're we're kind of just being targeted which is fine say no more yeah but we're you know no more we're under our regulations so and again I mean if you are planning on building another duplex on a lot that's allow that doesn't us yeah unless you had it a third how is this phone that you're adding going to be used is it for residential purposes or is rate this second it's undecided cuz we live right across the road and the house that we're in now we kind of is a modular and so this house that we're building will be a stick built and so right now we're undecided on if we're going to move across the street and move into it or if this is if it's going to be a rental so that's why we proposed it as a rental just so that everything was kind of out in the open but as of right now it's undecided yeah so you would consider not rental as Airbnb in this case or do I

understand that well if we do rent it it will probably be on Airbnb but if we don't rent it and we we would just move into it essentially that's what it would be yeah we do short-term and long-term rentals like we do short-term on Airbnb and then if people want to stay for more than a month which is considered the long term then they and they contact us and ask if it like we allow that it just it's not all just short term just all depends on like what the if it it works out essentially and just for my own curiosity what is the nature of the covenants that are involved here I mean are they I mean some covenants are they're there but they're not actually legal yeah oh I can't speak to the legality of I would assume but the the subdivision that their laot is not a part of that buts it uh they can't have a duplex in there it's all single family only so is that consistent with our zoning or is that something that add the covenants would Trump the zoning if if that's if that's if they agree when they B the lot not to do something through a covenant then that's they they they have to abide by that and the Covenant we now allow exil units you yeah we well yes that's but a duplex is not an auxilary but that their covenants is stricter than the zoning that okay yeah the covenants are strict I mean we've seen some recent subdivisions that they've included restrictive covenants that uh can't have a home business there you know you can't have unregistered vehicle in a dard a developer can put in pretty much anything they want as a restrictive covenant uh you know if it's too restrictive then people may not want to buy it but well but some covenants are that are illegal I mean you know there used to be covenants that you couldn't sell

to African-Americans right you know and and so obviously there are some covenants that aren't even enforcable as my point yeah but there's nothing like that on those covenants well no I didn't think there was I was just they kind of the you know yeah I think some subdivisions include that has to be a certain minimum square footage y can't have those stand y you can't have mobile homes or modular homes subdivisions requires outside light bulbs to be of certain lumens that's crazy yeah it's true which that is part of like the subdivision where we live across the street 1,200 ft minimum like can't rent them out but like though house is obviously where we're building we could put farm animals and trailers and really like lower the value of the neighborhood but we obviously wouldn't do that so we're building like nice homes that's why I just think it's funny that people are really upset so I'm just curious is the house you're currently living in part of the subdivision part of the king subdivision or was it it it is okay and it did allow for modular or double wies yeah y well not subis modulars not dou you can't have you can't have farm animals or like anything like that registered Vehicles kind of like what you guys were saying yep can't run a business out of your house yeah I was just I was was reading the the uh you know test sales test whatever and the design and it talked about the design of the system you know the the septic system and whatever and it said that you were not allowed to have um or it was not designed for backwashing water softener vehicular load or or garbage disposal now I suspect you're not going to be running your cars back and forth over it so I wasn't all that interested but are you are you aware of these other restrictions or or issues yep and you're not going to do garbage disposal

whatever and that would be a code question yeah that would be when when we go to do an occupancy we would check to see if there's a water softener or a garbage disposal and they they can't have so that's the way that's handled if they put one in after the after I leave I no I got that you know it which you know it does happen believe it or not okay oh no I I I have no difficulty believing that at all sometimes they even people even change uses in general so yeah okay thanks wel anything else that's it I got nothing else anything else from staff open the public hearing and unless there's a lady in the back okay close the public hearing just here because we're so interesting is that that's why you're here okay is there a motion sure motion to accept the final plan uh of the minor subdivision entitled Lewis subdivision for applicant Skyler Lewis second second all in fav all second thank you certain all done thank you thanks for stopping [Music] by we move on to the stff Comm yeah right there you want to say anything or I'm going to give update on I don't know like who you are why you're sitting there although we do know that even for the record well thank you um yes as I mentioned I'm Sarah delin I'm the deputy city manager I am here tonight because with Matt's departure there was and with um the economic development departure there's been kind of a void in that department so I have a planning background I have a masters in community Planning and Development so it was kind of a natural fit for me to help support the staff and make sure that um nothing kind of falls through the cracks although I don't think anything will so

I thought it would be good to come tonight to what was promised to be a smooth planning board meeting which it was you did not disappoint um but uh just also let you know that we will be posting the planner position probably next week and start that process and if any of you want to be involved in the hiring just let me know we can discuss um what role you can play and hopefully get a well qualified applicant in to fill that position but in the meantime for it am I applying for for it no I'm happy where I'm at right now um so um but in the meantime if you have any planning questions or just want to talk to me about any City business in general um please don't hesitate to stop in and see me or um email me at sevelin the usual at uh Ellsworth m.gov I think that's it actually I was going to meet you my first question is is about the city advertising for a new planner I'm glad to hear that they're not sitting on that uh as we move forward though what how do you anticipate I mean tonight's was probably one of the quickest easiest meetings we've had but and I don't know what's in the you know developers are already talk always talking to the city and recently we we approved some huge projects what is you know let's say somebody else comes in with 150 unit subdivision brings to the city how is the planning department going to handle that well you answer that you I know she can answer that pass that on Down the Line like that I volunteer um if it's something that we as the staff doesn't feel comfortable reviewing um we can have um you know Farm it out to a consultant to

review I mean had and I was thinking along the same lines I mean has has the city as Mr Pierce actually discussed that with you know Consultants to have someone on board I mean you never know I mean somebody may appear tomorrow with a huge project and developers often times are very go ahead you can say what's the word you you say aggressive aggressive you know we're here you know what do we need to get this project in okay when's when when's the next meeting we can get our preliminary plan in and if the city doesn't have somebody on board or at least lined up you know potentially you're going to delay a developer's project for months MH I don't think there's been any contact made with any specific um Consultants to help assist with that that scenario but I think that I can I mean I know I have some in my rod decks that I would pick from to assist but uh Charlie and I can put our heads together and think about that and start making some calls just to say hey in the event that this should happen would you be available um I mean I don't but you're right I mean we can't I don't anticipate it sitting right here but you never know what could happen hopefully we'll have somebody on board pretty quick I know that the um econ Economic Development position was posted and we received a lot of qualified applic an so I think the hiring Market is has turned around and is in our favor so hopefully we'll receive some um good applicants that we can get on board it quickly but we certainly can um explore that option so I'll talk to Charlie about that would it be a conflict of interest to uh use Matt as a consultant or the musin group more

generally no I don't I don't believe so and Matt and I have t talked about that before he left that if he if we needed help in anyway so no I don't believe so um and I can talk to Charlie about that but I don't think a conflict exists it might be an an issue ethically with if Matt's working off the books as a consultant that would be fine but maybe with what the musim group does it might be a might be an issue yeah I would have to see if they offer that service if they don't offer that service then yeah it we wouldn't just hire Matt to do it but if they offer that service I don't think it would be an issue it seems like something that could be worked out um we have openings on the planning board how I guess the question is how's that going we have not received any applicants or Oh I thought we had a couple there are two I believe um I have to find those so was that I need to find them wherever Matt had them ah okay um but we haven't received any new ones but we are still advertising and pushing it to see if we can find someone okay but if you know of anyone have a I don't need to drop but thanks I think you can find him see remember that saying that one person he had talked to had a federal job which may not now exist locally at a ky I think uh I'm not 100% sure of that but uh yeah if you can get hold of Matt see where that paperwork is y yep I think I think it's saved somewhere but I'll I'll CU that you those positions have been open for quite a while and we haven't had a TR any trouble but I can imagine you know with one bad cold or vacation and we're kind of screwed because we you know there's just nobody in the in the bullpens just I don't know what the

situation was but the uh when I came on the board there was uh another gentleman I believe is a physician that was he's gone he's gone he's gone like gone gone gone he gone gone yes never mind yes yes good point not one to discuss either yeah and the other thing was that there were there was a workshop the weed Workshop was planned and then delayed and delayed and I mean that was delayed again I have friends that want to know it's been pushed until April or May um after budget season and that's okay with everybody well no we want more recreational weed it's this is a consumer speaking now I think but that will be um readdressed and it's been P who's in charge of that effort well what was Matt it's a collective staff it's kind of a collective effort right now with myself and Robert and Brittney staff is working behind the scenes right now on um Gathering some data doing some maps things like that um we've worked with one of our counselors who's going to um kind of help take point on this um so while it did get pushed off because of a conflict with scheduling I think there's still work that's being done to maybe have a more robust conversation in April I mean this the state the state has a has a you know a a wealth of information about you know um standard ordinances and all that kind of stuff I me there was a a training about that and those guys were really they seem to have a lot of stuff ready to go um so I don't know but none of you all went right I did a webinar training so okay maybe I might put in the same I'm not sure anyway there there are samples out there lots of other cities have

already done it samples of the ordinance I knew you were excited uh anyway so I would suggest that you track that down and I think is John Stein the one you were talking about in terms of the council uh no Patrick oh Patrick okay because John was was I think in on some of the trainings or whatever we had yes he was so I think my focus would be on how we could benefit the city through the permitting process um because that's the only way we're going to potentially benefit by opening this up the recreational Market I mean would and this should be prettyy it this should be more straightforward than some because they're not talking about manufacturing and which is an interesting word for growing something but that's beside the point but you know we I mean this is the simplest possible case I think for dealing with u i I think I mean I think the the meeting got moved from March to April because Pat lines are not available wanted Pat for expertise oh yeah no no I is fine but oh no I would don't I I don't take that to mean I didn't think Patrick was good I mean I I mean I would hope and I realize it's it's you know budget season and they're very busy but I would hope that I mean the initial meeting going to be between the council and the planning board basically and staff uh to basically get the council's input I mean I hope that the budget season will not push that workshop two or three months out in the future cuz keep in mind I mean this

was passed at referendum in November and I had to remind former staff that hey what are we doing on it and nothing ever happened and now we're here the juncture well maybe it's going to get delayed another two or three months just say I know be before I left inspector's position I know that the Fire Marshal's office and mboa had resources for individuals that were doing that information there's a wealth of information just between those two groups of people um because I know just before I left the state adopted in NFPA 1 the issue concerning what you're talking about there's a specific chapter in NFPA 1 for that and that was adopted by the state and both mboa which has a representative in the fire Marshall's office and the fire Marshall's office have have contacts and information for that so however you want to deal with it because I mean I think the workshop I mean we're just looking at the council for some guidelines because then the nitty-gritty is going to take place with the board and the staff and I'm sure the council already has ideas of what they want what what they don't want I mean they've already had some discussion either in public or private that I mean talking about the you know the number of stores being allowed or where they're going to be allowed so like I say hopefully we don't delay that Workshop you know for for a couple of months when not a whole lot probably of substance are going to be discussed at that I mean all the the big pile of work going to happen after that I don't think that's the intent I think March um is

just kind of loaded with budget every week There's budget workshops um into April but I think we could probably get something on the books in April so it's so we have something scheduled so it's not you know oh we didn't do it in April now it's in May we'll I'll work with Charlie to get something scheduled in April the point is that this does not does not seem like it would require days and days and days of deliberation and discussion and so forth I mean it's really pretty straightforward the fire marshal certainly that had come up in the training whatever it was but I'm not sure that the fire marshal well it's not not the same level of issue given that there's no manufacturing and so forth corre however it does cover um sales you know okay that in that specific in that specific code um okay okay yeah because a lot of details I mean not that they worked them out for Ellsworth but they've been worked out in other towns and cities exactly and yeah you know MMA I'm sure has got a a ton of information they may very well have copies of different towns or cities ordinances so I mean it's not as if we have to reinvent the we exactly that's not the intention no I I think it's largely the where where do we want to have them how many do we want to have and how are we going to regulate it right that's the three questions on the table I that probably the key is to check with Pat Lions see when he's available would we be re um doing the regulation or would it be the state wouldn't it be the state well I if if we want to put like a uh annual renewal for their license their business license that would be part of the regulation okay and what what the what the price tag looks like and substantial yeah or then there's other

like we uh we've talked about you know if what we're going to do for uh if they're going to build a new building what the property taxes are going to look like for that there's other other things there that I'm not really the one to give the full breakdown on but anything else from staff um just a quick update on the comp plan we heard back from the state they found um four missing items um but they're easy fixes Berry DS on it um we'll resubmit before the deadline in July and that should be good great awesome and we'll need to be moving I mean there's a whole bunch of stuff that that plan specifies that we ought to do this you ought to do that and the biggest one that affects us is re in essence redoing the uh land use ordinance material and so you know I would really like to see some sort of planning if you would uh to to do that as opposed to waiting till June when we get the final thing back from the state and saying okay we'll think about that over the next couple of months you know I think that we need to move forward quickly the other thing is that there was a suggestion about the comp plan with a bazillion different recommendations and so forth that someone's going someone somehow was going to be keeping track of progress and so forth um and you I think there needs to be some thought given either to this office officer and what the role of the planning board might be in um in keeping track of that I mean I for you know one thing would be a giant spreadsheet with little boxes you check off or just you volunteering I I'll loan you my copy of excel it help any or any other info on when they're going to back to housing study

um that stands still on hold right now but it's in the works okay lot of stuff out there in the notrad distant future waiting to be done waiting to be done so a lot just just saying yeah that's why we really want to get the job posted and get someone in here to get the ground running yeah good words somebody want to give a motion for adjournment motion to adjournment all in favor okay