Planning Board - Regular Meeting

Exactly. I'll call to order the city of Elsa planning board meeting for November 5th, 2025. Uh, board introduction, please. Please, planning board member. Vince Messer, planning board member. John Deo, chair. Rick Liles, vice chair. Mike Hang, member. This is Matt Utier, alternate. Staff introductions. Britney Merrell, city planner. Andrew Lutterllo, deputy code officer. Daniel Gif, director of planning and community development. Robert Grant, code enforcement officer. Thomas Canon, fire inspector. Okay. There's so many of you. I know.

We're we're getting fully staffed again. It's nice. Yeah. Well, you know, I don't want to be outvoted, though. Okay. Uh, one I got to add u we have minutes for the meeting of October 1st. So, we got to add that to the agenda. So I make a motion we add uh acceptance of the to vote on acceptance of the meetings for October 1st, 2025. Second. Okay. All in favor? I got to be. Okay. So acceptance of the meet minutes. Any additions, deletions, comments, questions. This is the new the new way we're doing it, huh? Pretty cool. Yeah, it looks good. Isn't that cool? Yeah.

Uh it's about time that we got some organization in a planning department. I told you when we were back like had more people in the office and I'll give credit. It's all day now. I just take it. I just uh just one question on going through that or you you have the tenant the board members staff then throughout the whole thing you have using initials. Would it make sense to up in the top where the peoples are? You okay after my name JD? Just Yes. Because after a while I was like, okay, that's a really good point. I thought about it when I was putting it through and then just

got distracted by something else shiny. So I'll make sure the next one has that. Thank you. But no, looks good. Motion to accept the minutes of the meeting of October 1, 2025. Second. All in favor? you voting on this complete with abbreviations for people is not voting so you can vote on this one. Okay. Yes. [laughter] Vince are not voting. Okay. Well, I just only because to be clear I I was absent from the meeting so approving the minutes doesn't seem to make much sense to me for a meeting.

Okay. Okay. Item number two, final plan review of a major use site development entitled Ela Tractor and Equipment for applicant owner Michael Sauier. Proposes to construct a commercial tractor and power equipment sales and service facility. The subject property is approximately 10 acre lot located at 500 High Street, tax map 11, lot 7 in the commercial zoning district. Someone here representing Mr. the applicant. Uh Matt Williams, the Musing Group and I believe Mr. saucers here if I remember. Okay.

Um yeah, so this came last month and there were some changes requested by the board to the plan um to address some of those. So with the dumpster um rather than just speaking with the applicant and how like logistically moving the dumpster would actually work. um they have the equipment on site. So like if they need to move it temporarily for like a truck to get in or something like that, like it's not like really going to leave the dumpster somewhere longterm. So then after they move it for that quick temporary, you know, adjustment for a truck, the darkened space that's on the plan now is where the dumpster will always end up. And so like, yeah, it may move for like a couple of minutes while a truck comes in or something like that, but the dumpster will always be returned and staff will be trained to return to some the equipment they have for that black square there which is behind the privacy fence that will remain. Um there was discussion about some of the um snow melt the runoff from that. Um we part of the project has um erosion control uh anyway and working with DP on those processes. Um but a bark mulch berm will be used um for that during the construction and that filters and cleans runoff wire and that bulk mulch b will remain for the life of the project um as a way to help uh clean water and catch um debris that might be in the runoff from the snow pile um from getting into the wetlands. So that'll be around the project during construction as well. But again, it will remain for the life of the project in addition to the more details on other infrastructure that's on the plan as well. And then uh in terms of parking, you know, I've updated the application and um you know, they're going to have seven employees. I mean, again, they may grow at some point in the future, but for the foreseeable future and multiple years, um we're going to capture that

seven employees. So, but I would probably 14 parking spaces needed. Um, again, like they're again 10 years, 20 years from now, the business is still there. Maybe they will hire more people, but for the foreseeable future, it'll be six or seven employees working at this location. Um, and so that was what the parking adjustment was. Now, the applicant did still leave the parking the optional parking deferment um if they decided to add um extra spaces, but they would be using the um grass pavers there that are impervious um to provide that extra parking space in the future if needed. They would want to increase the impervious area of the uh development. And also in the application, um I had the more detailed queuing narrative. We had discussed it at the last meeting, but I just put it into writing and put it into the application. Um, and then there was also um uh sorry, the fire uh we did receive a fire letter. I apologize, I did not get it into the application in time. Um, but I've spoken with the fire department. They and they approve of the project and Thomas can comment on that more if you'd like. But, uh, we do have a fire letter from the fire department. And then the thing the last thing was uh we did label sales and service on the floor plan that's on the um site plan too. So sales is in the front of this building. That's where you know customers walk in [clears throat] talk to employees um get help that sort of thing. And then the service like with the garage bay doors is all in the back of the building where tractors are assembled and worked on. I believe that was there.

Okay. I don't know if if you're if he was going to I don't know. Yeah. Nothing. Okay. Got nothing. Any questions?

Just a couple little ones. Um on and it looks like it's on page 27 of something. Um there was a there's a graph a picture there with some the location of signalized intersection and the limit of intersection influence. Um and I was just wondering how you defined or yeah how did you define the influence zone of that intersection? Um this was with was in conversations with DOT where they had um wanted so it's trying to determine where the driveway entrance to the property would be and so u based on discussion with DOT that was kind of where they had placed the zone of influence and then why they wanted us to put

Okay. So there wasn't a definition that was invoked or something. Okay. All right. Because I didn't know what that would have been. So now I know. Okay. So basically what they're saying is the end of that extended island, right? is the end of the Okay. Um is there you in the U driveway entrance permit paper from U MDOT they talk about cutting trees 20 ft back 20 feet off the pavement to the south for 500 500 feet to maximize sight distance and that's still all on the developer property right? Yes. I mean that's under totally under your control to do that. So,

I thought so, but I just [clears throat] didn't put the one map with the words and fine. Did you want to say something? I was going to say on the site plan, there's a little hatch mark showing where the tree will have to be cut. Oh, okay. The minimum trimming will be done. Are the dates for the driveway entrance permit stuff that you get from MDOT, is there a is there a, you know, used by date or something? Because most of these are from about a year ago or so or 6 months that they, you know, they say they're going to start and they hadn't started yet and all that. Do these things need to be renewed or anything? I probably not, but I'm not sure.

I don't think so. I've never seen that where as long as the DOT know um they're pretty flexible with it, but we do have until uh yeah, April 2025 to get the work done. Well, yeah. April April 25, [laughter] by the way, you passed already. I believe it was 24 months on there, but I'm not. Oh, well, that that could be, but because of the way that was permitted. It was originally permitted as a woods entrance and then a permanent entrance. So, I just want to be clear on some of those dates, but um so it's not a case that the permit has expired. No, I think when we looked at the dates that we had until the window of Okay. until the window of next year to get we start getting that under construction

on what appears to be page 33. You actually throw some trip generation stuff in there, but do you do anything with that? Um I mean kind of I mean just to illustrate for the board that uh you know the real uh counts from the top store what the you know potential expected traffic generation for this site is and it's you know rather minimal and then there's also just a comparison to what the IT or IT's best like use comparison is the the narrative surrounding that is a little slim but I get the idea. Well, I think it could tie into what the queueing uh narrative suggests, which is that and I notic you put that in big print so all people can read

that. You know, thank you. I appreciate that. Road is a rather busy road itself, but in terms of uh this use, the impact is minimal, but there's not really a ton that this developer Well, no, it's I mean, it's a crappy left turn from uh Southbond 3 to into the site, but there's nothing you can do about it other than be careful. And I know that you're trying to mitigate it with when things get delivered and all that. And it's certainly a lot less impactful than say for example the Subaru dealer which is right down the street and way more turning in and out and so forth. So and crossing the street between used cars. Well, there is that. Yeah, they get their mail a lot.

Um let me see here. Yeah. Okay. So I you address that. It's fine. Uh, and I don't know that there's anything you can do in the short term that would make it any better. I mean, short of putting in another lane or something all the way down. And that's obviously not going to happen anytime soon. So, I'm Oh, um, there were some letters that you were requiring from, I don't know, main DNR, whatever they are. Did you get those?

Yeah, they're in the packet. Um, they were actually acquired during the work with D. Um, so there should be letters from U main natural areas program, the Historic Preservation Commission, and then the Inland Fisheries and Wildlife are all in the packet. Okay. So, you have those are in there somewhere because I I'm sorry. I didn't have my whole packet with me and my computer was misbehaving when I was trying to read it. So, that's it. I'm good.

So, I So, I have question for staff on the waiver request. Um at the very bottom of the regular request, it talks about uh parking lots to be surfaced with by Tumis asphalt, concrete or other durable dustfree materials approved by the planning board or code enforcement. So which one is it? Planning board or code enforcement? That's up to us to decide. You want to determine that or if you want to leave that in our hands? I don't know. That's that's a question I'm asking. It's your discretion. Mhm. Whether you approve it or we approve it, that you're our discretion. It's our discretion.

So, if you want to make it administrative, then make it administrative. Okay, that's fine. Do you want it to be on in our court [clears throat] on the spot? Uh, [laughter] I have a question about that. Sure.

It that has to do with that additional future parking with the grass area. Isn't one of the reasons why they didn't have the extra pavement was because they had already met or exceed they were at the limit of what their um imperous materials per the for the wetlands and for their storm water and wastewater. So by adding more parking spaces, you would then be not just making more parking spaces, like just make an extra changing some of the site layout, but you would also be affecting some of the environmental and that's a little more than just more parking spaces. So they're going to be using the pavers that that have filtration system in them and basically the grass can grow out through it and just like up here as team the Buddha where it can be plowed, it can have rocks, it can be the rain and everything else can go through it. That's what they're going to do there and potentially on the back side of the building to allow for vehicles to park. So that way they don't go over the impervious

it will remain impous this this area up Uh just beyond the parking lot is is parking spaces but it is pvious parking. Yeah parking spaces. And what about along those I'm sorry. Go ahead. You can continue. Go. I'm sorry. No, I was just curious if if that's going to be a standard that we're going to allow. Well, they don't need those parking spots right now. They have what they need already for the project. I understand. But what I'm saying is if it becomes an administrative issue that just in the future,

it would be in the future that the code office would have to handle when when a complaint would come in that there was not enough parking spots or there was cars spilling out on the road, the code enforcement office would have to go make a case and then take them and say, "Hey, you don't have enough parking. How many employees do you have?" It would be an investigation after that point. We can't hold up people um with their projects just on whatifs. I'm not worried about the whatifs for now. I mean, we'd be granting them the approval now for for They don't even need that. Yeah, they don't even need that. But what I'm saying is if in the future, this project or any project, if we allow it to be just an administrative add-on to the project, it affects the overall site and could impact things like

that we would have to make sure that they follow step. So, if that's I'm a little confused about I mean, why why we're discussing whether this should be paved or not? I mean, and I think in the past, and maybe think it's more commercial, I mean, residential, but I I remember the the three unit down on South Street, we had a big discussion about that and there was a fire regulation that that had to be paved or those special blocks that That's correct. So, sometimes it seems like it's a a fire regulation that the road the road in the tree houses I think I said, had to be paved. So I guess I'm more confused on

Well, they they are paving most of their stuff up there on the the main drag is getting paid for the tree houses their side [clears throat] their side roads where it's going to be private is does not. But what this is is basically he's they're just letting the board know that for the areas that for any overflow parking for future uses they're going to use these pavers just as anformational so that way that you guys are aware that it meets the standards for chapter 4 for me as well as for code. So we're just talking about overflow parking not the whole parking correct? [clears throat] Yeah, their parking lot is good to go. Their parking lot's good to go. Everything except for that rectangle is normal asphalt. Not even required right now. code can take care of it. Yep. Thank you.

So, so the other half of my question to you is does does the statement alternative materials may be allowed with special approval? Does that need to be in there? And who does the special approving code? Okay. Code and fire and fire. Yeah. They work,

right? I mean, that seems to me like a good way to make sure that it just that that it should be looked at from not just, oh, it's it's nice or it's not it's not impervious, so it's a good thing. Maybe have some control over that. It's got to be acceptable to the fire department. It has to be acceptable to code enforcement. And that they would look at the extenduating circumstances of is it impacting storm water? Is it impacting any other aspect of the site plan that it's not just like oh it's it's good enough like to have that button down in the terminology. That's good feedback. We appreciate that. What about access around the rear of the building? Is that we're good

that you're good. Meaning that you can Yes. In the same way is it going to be paved with these same Yes. pavers or whatever. Yeah. It'll be suitable to to sustain a the truck a truck back there. Okay. And you're good with that? The the terminology is a drivable surface. Okay. Thank you, Mike. That's that's NFPA1. So, this learning experience for me. It just needs to be a drivable surface. Okay. Okay. regardless of whether it's asphalt, concrete, these pavers, or and we've had some other types of drivable surfaces where they've used a plastic mesh and filled it with rocks. Okay. And it's worked fine. So,

and of course, they'd have to make sure that snow is cleared at all times for you guys 24/7 365 because that's where they plop within reason. Yes. Yeah. So on that motion for the waiver, uh when we get to that, uh I think we need somebody's name because it says insert engineer a firm name. Oh, you sorry. Going to have to tell us who that may be. Um any other questions? Yeah, as a kind of a rookie here, I'm wondering about the display area. What's what is the surface in the display area as it's illustrated? I don't see anything to explain what that is in any area out front here. Yep.

Lawn. It's going to be a lawn. It's a lawn. These are Yeah. And there's no primarily tractors. So, they can park them on a lawn. you know, they don't need a smooth particularly smooth surface and there's no concern, I assume, about uh you know, oil or gasoline or anything else seeping into the If it is, they they have bigger problems because these are new tractors. That's what I fig [laughter] that's why I said it that way. While you're while you're up there, you had um last time we had talked about and it's in the minutes. Reminded me um I had asked the question of whether or not the lighting was going to stay on after hours and you said you were going to find out

exterior all the exterior lighting. Um the there has to be some lighting on 24/7 for security just because these are expensive equipment. Uh there's a lot of inventory that they'll have outside. So I imagine there will be some some level of lighting on all night. Are the seven employees those are employees that are there all the time or is it you know four sometimes and three and other but that's four plus three is seven I just

yeah typically that's how probably two on mobile and five in the shop. So, so the point is the parking is presumably actually even more than generous in terms of the number of employees versus number of employees on site. Correct. So, okay. Just unless there's a sign up that says employee parking only.

Well, that's true. Uh, I've got a qu it's more for my information, but on on I'm on the storm water section, uh, page 21, and I see the the driveway going in says the multiple culverts under the driveway were requested by US Army Corps of Engineer. That's the first time I think I've ever come across this. This is primarily blind. This is certainly more more culverts than is needed for the storm water. And these are I mean these are 3ft culverts, right?

They are these [cough] are culverts not some extra storm water but for little critters that are going to migrate back and forth in those because it's providing connectivity for the um the wetlands because there's a wetland area here in front of the store and a wetland area on the other side of the driveway. And so this I I've never put in this many culverts in my life, but this is uh provides a little area. And the culverts are they're 3 ft round, but they have to be buried a foot in the ground. And then the inside of them are filled with gravel and and substrate like that. So the little critters can scurry back and forth and don't have to come up on the road and be squashed.

So it's basically kind of an ovalshaped. No, it's a round culvert. It's a round culvert, but the bottom foot is embedded in the ground. I mean, and Frost never moves them. I mean I mean it's like about 150 foot stretch from the first collet to the fifth. Yeah, they ask for them every 50 ft. [laughter] That's so that's so the scopes they make you have. I don't quite understand it myself. No, you know, on some of the farms, we're trying to provide for wildlife access and stuff. It's the way it is. We're going to try to minimize that, but we just didn't have the ability to do that.

I mean, how big are the salamanders you grow in there that you need a three? [clears throat] That's what they requested. They mediumiz critters, right? Yeah. So, you might have the average squirrel could go through there. You know, a fat uh raccoon could get through there. You know, if you had if you had a 1 foot pipe, you could lose a raccoon in there and it, you know, smell. And the reason for putting cover on the base of those culverts is to allow the animals to feel quote unquote at home. Yes. Traveling from one to the other. Yes. Yeah. Okay.

I I didn't make it up. I just [laughter] I don't I figured you had Okay. Any other questions? Anything from staff before I open the I open the public hearing? Anybody here has a comment question? And I'll close the public hearing. We have the take up the the motion to request a waiver from storm water performances first. Do you have an engineer name that you want to stick in there or? Yep. Uh you can put in Jeffrey Allen. So you enter your name and the date is 91125.

What was the date? 91125.

Uh do we need to read this whole waiver or just reference? Read it. I think please read the whole thing. Um, you got to read the whole thing. I apologize so long, but I wanted to cover everything. So, okay. Okay. I make a motion to grant the following waver. I move the planning board grant a waiver from the stormwater management performance standards outlined in article 10 of the unified development ordinance for the proposed development located oh don't see address map 11 lot 7

at map 11 lot 7 submitted by Michael Sauier tractor waiver is a request is requested to allow a minor increase in the post-development storm water runoff volume and/or rate as detailed in the submitted storm water management plan prepared by Jeffrey Allen dated 91125. The applicant has demonstrated that the increase in runoff is minimal will not adversely impact adjacent properties, public infrastructures or natural resources. to appropriate mitigation measures have been incorporated to manage runoff including

insert measures insert there's something to insert we have a subsurface or a uh this area right here at the bottom of the parking lot is an underground um detention system subsurface det subur surface detention systems, including measures such as detention basins. Detention systems. Detention systems. Yeah. Subsurface subsurface detention systems. Yes. Subsurface detention systems. Is that it? Yes. That's it for there.

Okay. The waiver is consistent with the intent of the ordinance and will not compromise public health, safety, or welfare. I further move that the waiver be granted subject to the following conditions. Continued compliance with all applic all other applicable provisions of the unified development ordinance, implementation of all proposed storm water mitigation measures prior to issuance of a certificate of occupancy. Submission of asbuilt plans and a post construction inspection report verifying compliance with approved stormwater controls. Staff has verified. No, that's it. Not that. Okay. Is there a second? Sure.

Could you repeat that for a second? But is that going to include the terminology that we said that the the non-paved additional parking would be approved? Doesn't have to be there now. No. Okay. All right. I'll second. Okay. Any questions? All in favor of granting the waiver. Okay. You want to do that?

Do I want to do that? No, I don't. Um, I'm going to Okay, those [clears throat] make a motion that the final plan of the major use site development entitled Ellsworth factory equipment for applicant owner Michael Sierre uh be approved subject to the request for waiver from the stormwater performance areas. Second. Any other questions or comments? All in favor? Approve. Go forth and save critters. [laughter] Thank you folks.

No, thank you. the things I've seen in my career with open trenches overnight because a 2x4 and then anything that falls in the trench can crawl out. You should you probably familiar with what they do out west for animals.

So what are we doing now? That is last. They didn't have the live

you went to Molly. I did several years back or San Louis. Can we continue please?

Gentlemen, we can stay or go like [laughter] for the entertainment while you staff comments. I have some. Yes. Uh we just got back from the uh annual kneecappa conference. So please bear with us. Um it was a great uh opportunity to connect with planners across the state and the tri, you know, uh Vermont and New Hampshire and learn some things planning related. So we had a great trip. Daniel and I went down on Monday afternoon and we just got back a few hours ago. So, we're here. And here you are.

Yes. Whoa. A long day. Long day. Yes. Um, and then we are still working on a training, a group training for planning board. Looking to have that in the January, February time frame. Um, we're still working on some details. We're trying to make it kind of tailored to us and um you know painless and hopefully you know provide snacks and all that fun stuff. And then I believe Matt has a brief update on where we are in the ordinance pro rewrite process.

Yep. So um eventually uh must the Mustin Group and Drummond Woodson be working with city staff to update um the Sydney's our city's ordinances comprehensively. not just the UDO but going through all the uh city's ordinances and looking where there inconsistencies, legal problems uh or things that could be improved and then uh obviously the UDO is a big part of that. So at some point uh probably in the winter we will kind of bring a presentation to you on some of the ideas we're have for um updates. So the process is really twofold where Agad Dixon from Jordan Woodson is really looking at process overall um in terms of again not just the UDO but how the city uses um its ordinances and you know there's things in there that we find that you know even though I worked here I had no idea about like code enforcement is technically in charge of every ordinance if it doesn't specifically say that somebody else is in charge of it. Um and like just trying to tie some of those things up and create clarity. Um, but as far as the UDO goes and probably where you guys will have more of an input and interest is looking at certain standards within the UDO, I'm looking at the process, what works for you, what doesn't, um, where you think there can be clarity. Um, or again like where maybe it's could be uh changes to like where now it's more prescriptive, but there could just be more performance standards, what you guys are comfortable with. um you know that I could go through and list like you know maybe the park the shared parking for example is a large table with a bunch of complicated calculations that don't really come up that often like is it worth keeping those in the ordinance or just putting something more general in its place. Um so at some point we'll be coming forward with those types of recommendations to discuss with you all and find out again what you're comfortable with, what you think will work and then hear your feedback on things that we might not have brought up that you would like to have looked at.

And I'm sure you you keep track of the because there quite a couple quite significant bills that got passed by the legislature planning because now if I'm not mistaken a four unit apartment can be approved by code enforcement. Yes, if I read that correctly. Yes. So it's administrative approval for three or four unit um structures. Only if they're in the same structure though. fits three or four units on a lot but they're separate that still is a subdivision when it comes to planning board and I think there were some changes to the accessory units they've allowed more accessory units on a lot

uh not necessarily just accessory they had increased just general number of units that have to be allowed by right a lot but for Ellsworth where density is already pretty um you there will be some adjustments to the table of view uh dimensional requirements um in that regard but it won't be so significant u for the growth area zones that were impacted by Now, will that include because there were some minimal parking standards?

Yes, that will get updated. I've worked with um staff already. We'll have to talk to the planning department because they missed the meeting, but we had a meeting with the code office and reviewed some updated parking standards. Um you know, one in particular is removing the downtown zoning provisions, getting rid of those three zones and creating more of a general um parking requirement for the downtown. and then looking at that table that pro provides minimum parking for the areas outside of the downtown zone and still having minimum parking for those parts of the city. Um where downtown there's really not space to build larger parking areas but so it's less prescriptive again where it's not a specific number but the applicant would still be responsible to show the board that they can provide parking for whatever their use is and the board can determine whether or not their plan makes sense. Um, and the state also provided new parking rules as well. This was one of the other bills that got passed where parking agreements within a quarter mile like have to be allowed and that sort of thing.

And what's what's the target deadline for having all this done? Uh, it sounds speaking with Robert yesterday that June um by the end of this fiscal year essentially to have um the project wrapped up in terms of recreating the new uh ordinance structure for the city. But then also the um uh standards adjustments within the UDO, the those state legislature updates have to be in ordinances by June 30th of 2026 for municipalities that have city council structure. So that is that's our targeted date. That has to be done and approved by council by that date then. Yes.

So the real the real finish date has got to be like April. Yeah, that's what we're aiming for. Okay. Yeah, we're using June and backing into it for the process to make sure we don't miss that deadline. When would you hope anticipate for us to start working on it? Because soon the council is going to be kneede in budget and I to push this discussion past the budget season is cutting it awful close to getting it passed.

We're for this phase we're really trying to focus on making sure we're compliant with the state legislature. So I'm hoping there shouldn't be a lot of discussion about it because it's what the state is requiring of us. Um, if it [clears throat] seems like there are things that we're including that's kind of beyond that scope that might be contentious, we might have to push that past the June deadline and incorporate it at a later date. Um, but we want to make sure that we've got the state requirements in our ordinance by that June date. They're being very Yes, thank you for bringing that up. We're being very

it might come in like two phases. Phase one critical must happen. Phase two thoughts and ideas that could happen. Yes. Later. Gonna be a busy year. Yeah. Yes. Anything else, Matt? That is it. Give you a heads up. I guess I would ask I think Rob to bring us up to speed on there was email that that came to me from Judy Blood, the next door neighbor. Um, Ellsworth LLC, what's Main Street? Main Street Main Street LLC. Yeah, the Dustin Lawrence uh commercial building up in the falls.

And so, uh, the city issued an occupancy permit for that building. Uh, last was last week. Yeah, you were gone. So, it was last week when we issued the CO. It was a month ago.

Well, no, we actually signed it last week. Scott signed it. Anyway, anyway, the the C the CL was signed a week ago roughly. Um I think it was the same day that that it was it was a coincidence, but the same day uh Dustin approached us about having a change of use for the building uh to allow him to have more um a more varied uh set of uses there. uh one of them being uh an auto body repair type shop and that sort of stuff. Um and I allowed them to go through with a minor site change uh to allow those uses um and put out the letters notices and that's where you got you got the uh email from Judy. She hurt her with her concerns. She's talked to me about it. Um, I think I've uh assuaged most of her concerns. Um, I told her that every time someone goes to rent one of those units now, uh, the the person who's interested in renting it has to make sure that that is that specific unit comes up to whatever code uh, their use is going to have to is going to require. So if they put extra additional firewalls in, if they have to have, you know, whatever it is, um,

more parking, they have to address more parking if that there's not much parking there. And that's I mean in approval and my memory, uh, I thought there was something in the approval because we approved it based on a really limited traffic flow and that I think basically that increased that would have to come back to the board. How I may be remembering that wrong, but I I thought there was something in the approval that would I don't I don't believe there was a condition like that, but I can go back and check to make sure and we I still have three days before his minor site is up. I can always kick it to planning if there is

just for if there is a if there is something in there as a condition. I don't I I don't recall one and I I I looked briefly but I don't recall it uh seeing it. Um but I don't realistically I don't know how you can how you can say u that we we can really uh control the traffic flow that much after the fact. If you were to sell that building and someone wanted to change the use of it, I I I think if they put the parking in, they they'd be able to do what they wanted to do. It's a simple change of use per. Yeah. Every everything he everything he asked for is an allowed use in the zone. So it's

so if he's putting an auto body talk to you um being in allowed use, he's got some major changes he's got to do to that building. So, I've already addressed those with him in an email,

especially an auto body where he's not just talking about firewalls, he's also talking about um explosion issues, especially he's going to be doing painting, storage issues with flammables and combustibles. Um, and you're probably looking at a substantial firewall from ceiling or from floor to to roof deck. Um, you know, a and it may be more depending on the building code and and what his life safety code and or the other fire codes indicate. So that's going to be quite a work for you. Quite a workload for you.

Yeah, that that's ultimately on him and us to make sure it gets done correctly. So I mean you use too I mean could affect you know the number of parking places. Absolutely. Yeah. So they'd have to add parking. [clears throat] every time it comes up, there's going to be money on the line for him to fix this even further. And it's up to We're getting kind of late in the season and I'm still waiting for the two curb cuts to be shut off, which hasn't happened. And I I not only that, the noise issue because if he's doing that, he's going to have air compressors. What's Judy Blood going to say about an air compressor kicking off in her backyard? It's an allowed use. if it's

it's allowed use, but there's still we the city does have a noise ordinance. That's what those buffers were for and it's also for code to enforce. [clears throat] So, we'll have to enforce it. You know, you you can play the what if game all night. I mean, if if he puts it in, how do you enforce it? He can't. And then if he can't, then he can't do the job. Well, if if if we get a substantial comp if we get a substantive complaint, then you have to say, well, you're you're you're violation. violation of the noise ordinance. You have to figure out how it's on them to figure out how to fix it. This process is in place for that. Just for the record, I just brought figured I'd bring it up. Yeah. Thank you. So, I have a question with you had to notify the abuters. Yep.

And then they have 10 days to submit information to them. And they they have three days I I believe I did the math. They have three days left as of tonight to to get in touch with me. So far, I've only heard from Judy. So, there's How many of Butters were there? 12. 12. Yeah. Well, it's it's 250 foot from the from the [clears throat] uh

so but if you hear from people and other people have concerns or complaints because you know they had the public hearing that was allowed everybody to consider it online in person whatever and then this change of use even though it's permitted use it does change the general atmosphere of the site which was approved originally. So then if you have a couple more complaints then you have the option to bring it back to the board. Yes. So that I I I owe I as as the administrator of of that I have the ability for at my discretion to kick it back to planning. So if I do find out that I I made an error and that there's something about changing the parking or the the the trip generation

or if it's automatically that was the only permitted use on that particular spot. So so if I if I missed a condition in that I I I can kick it to back to the board. uh if we got a if we got a a number of complaints or some or a very significant complaint something I didn't consider that I missed in my in my consideration for the minor site then I could have the board readress the situation well that becomes expensive for the applicant absolutely that that's that and that's the whole point of the minor site right so maybe it would be a good idea in that case to to because nobody's memory is that great and of course I wasn't here then he doesn't remember every detail just go back and read the entire approval and make sure there isn't some other little Yeah. something.

Absolutely. Yeah. I I looked at it at the time, but I I may have missed something. Okay. I'd like to believe. Has the applicant been Has he been this this information been discussed with him? Oh, yes. Okay. Yeah, I saw him today. What's that? I saw him today. Okay. I I I discussed it with him last week before I issued the CO. Okay. So it sounds like until we find a reason to put it back to planning board, there are administrative stops in place to address things that are coming up.

There's one thing on on the checklist. I like that it's all typed out in the columns with notes and details and references to different sections in the ordinance so we can find it easily. So, whoever was responsible for that. Great job. Must have been Britney. It was Matt's checklist because it's typed out and very easy to find the appropriate section in the ordinance. Thank you. No, no problem. Anything else? Just out of here. [laughter] Any other? You got your work cut out for any other comments from the staff?

What about the marijuana ordinance? Better not to ask. Still in review. Better not to ask. Still in review. That is the the official answer right now. And the cast of characters is going to change. That should be fun. Mhm. Cool. You guys have fun. Anything else? Thank we have to acknowledge Flanning bites. Yes. [laughter] because complete with references to Jane Jacob. Does anyone have an answer to the the quiz question?

No. No answer question. Answer. Can we adjourn? Yes. Can we adjourn first? Sorry. I second the motion to adjourn.