[1. Call to Order]
[00:00:05]
LIKE TO CALL THE ORDER OF THE MARCH MEETING OF THE CITY OF NEWBURGH BOARD OF ADJUSTMENT.
SETH, WE HAD ROLL CALL PLEASE.
[2. Roll Call]
YES, SIR.PETER DALEY HERE, JIM MORRISON, DEAR JOHN RIGS HERE, JOHN MURAL, UH, KIT PARANOID HERE, BARBARA SAMSON JOHNSON, FOSTER ROSS.
[3. Consideration for Adoption of the Draft Board of Adjustment 2022 Schedule]
ON THE AGENDA IS CONSIDERATION FOR ADOPTION OF THE DRAFT BOARD OF ADJUSTMENT 2022 SCHEDULE IT'S INCLUDED IN YOUR PACKET.IS THERE ANY CONVERSATION ABOUT THE AGENDA ITEM? UH, THE MEETING CALENDAR FOR 2022, MR. CHAIRMAN, I MOVE, WE ADOPT THE PROPOSED CALENDAR FOR THE 2022 BOARD OF ADJUSTMENT SCHEDULE.
YEAH, WE HAVE A MOTION AND A SECOND, ANY FURTHER DISCUSSION QUESTIONS, IF NOT EVER, CAN WE DO THIS BY A VOICE VOTE, SETH OR WE NEED ROLL CALL VOTE ALL IN FAVOR, SIGNIFY BY SAYING AYE.
[4. New Business Consideration of a Special Use Permit request for a Neighborhood Utility Facility on Lots 443 and 445 on College Street between Aycock Avenue and Moore Avenue in the Pembroke Neighborhood.]
OF BUSINESS IS CONSIDERATION OF A SPECIAL USE PERMIT REQUEST FOR A NEIGHBORHOOD UTILITY FACILITY ON LOTS 4, 4, 3, AND 4, 4 5 4 COLLEGE STREET BETWEEN AYCOCK AVENUE AND MOORE AVENUE IN THE PEMBROKE NEIGHBORHOOD.CHEF, WOULD YOU INTRODUCE THIS ITEM TO THE BOARD? YES, SIR.
THANK YOU, MR. CHAIRMAN AGAIN, THE APPLICANT METRONET FIBER LLC LOCATION AND LOTS 4 43 OR 4 45 ON COLLEGE STREET, WHICH IS CURRENTLY, UH, UNIMPROVED RIGHT AWAY IN, UH, INDEPENDENT NEIGHBORHOOD, DESIGNING AN ART TAN AND THE USE REQUESTED USE OF THE NEIGHBORHOOD UTILITY FACILITY.
UM, APPROXIMATELY 0.2, THREE ACRES IN ATLANTA IS CURRENTLY VACANT.
LET'S SEE AN AREA HERE WHERE IT'S IN BETWEEN MOORE AND AYCOCK GUESS EARLIER.
THE STRUCTURE IS GOING TO BE PROPOSED TO BE APPROXIMATELY 308 SQUARE FEET.
AND WHAT DO THEY GOT 3 22, 11 FOOT BY 28 FEET AND SOMETHING TO NOTE AND THE APPLICATION THEY'RE GOING TO IMPROVE THAT SECTION OF COLLEGE STREET IN ORDER TO GAIN ACCESS TO THEM PARCELS, YOU CAN LOOK BACK HERE AT THE PARCELS OF LANDLOCKED CURRENTLY.
SO THE THEY'RE GOING TO HAVE, UM, PROPOSING TO IMPROVE THAT SECTION COLLEGE STREET BEGINNING ON MOORE AVENUE, COMING DOWN TO THE EDGE OF THE PARCEL, NOT GOING ALL THE WAY THROUGH TO MORE, OR EXCUSE ME, STARTING AT AYCOCK GOING TOWARDS MORE.
YEAH, YOU CAN SEE IN THIS SITE PLAN THE IMPROVED.
SO IT'S GOING TO BE BUILT TO CITY STANDARDS TAKEN OVER BY THE CITY.
ALL OF THOSE DISCUSSIONS HAVE ALREADY BEEN, UM, MADE IMPROVED AT PUBLIC WORKS.
IS THE APPLICANT HERE? I WOULD LIKE TO COMMENT AT ALL ABOUT YOUR APPLICATION.
I'M THE PROJECT DIRECTOR POOP.
UM, I'LL TRY TO ANSWER ANY QUESTIONS YOU MIGHT HAVE THE BEST I CAN.
AS WE GO THROUGH THE PROCESS, WE MIGHT CALL UPON YOU TO GIVE US SOME ADDITIONAL INFORMATION.
AT THIS TIME WE WILL BEGIN LOOKING AT THE, THE SIX STEP PROCESS AND WE WILL DO THAT BY OPENING COMMENTS UP TO THE PUBLIC.
UH, IF ANY, WOULD LIKE TO BE ANY WOULDN'T LIKE TO BE HEARD.
UM, WE DON'T SEE ANYBODY, BUT WE'RE GOING TO GO THROUGH THE PROCESS ANYHOW, JUST TO HAVE IT ON RECORD
[00:05:01]
THAT WAS AVAILABLE TO ANYONE.THE FIRST STEP IN THE ISSUANCE OF SPECIAL USE PERMIT REQUIREMENT IS THAT THE REQUESTED PERMIT IS WITHIN ITS JURISDICTION.
ACCORDING TO THE TABLE OF PERMISSIBLE USES WITH, UH, ANYONE FROM THE PUBLIC LIKE TO COME FORWARD, SEEING NONE WE'LL MOVE FORWARD.
DOES THE BOARD HAVE ANY QUESTIONS REGARDING QUESTION NUMBER ONE? OKAY.
REQUIREMENT NUMBER TWO, THE APPLICATION IS COMPLETE.
YOU CAN SEE IN YOUR PACKET THAT THE APPLICATION HAS BEEN FULL, HAS BEEN FILLED OUT CORRECTLY AND ACKNOWLEDGED BY THE CITY STAFF THAT IT WAS COMPLETE.
AGAIN, IF ANYONE FROM THE PUBLIC WOULD LIKE TO SPEAK NOW HAS THE OPPORTUNITY TO COME FORWARD WITH REGARDS TO REQUIREMENT.
NUMBER TWO, COMPLETION OF THE APPLICATION, SEEING NONE WE'LL MOVE ON TO DID, DID HAVE WAS APPROXIMATE HEIGHT.
AND THIS WHAT'S THE APPROXIMATE HEIGHT.
I DID NOT BRING THAT DOCUMENT IN WITH IT'S JUST A NORMAL 12 FEET.
IT WILL BE A STRUCTURE SIMILAR TO WHAT YOU SEE AS A SELL SIDE, BUT WE'RE NOT GOING TO HAVE ANY TOWERS OUT THERE.
ONE OF THAT THINGS, WHAT A 12 BY 28, 27, WE'LL BE ABLE TO JUST FRAME A PLACE FLAT, FLAT.
IT'S A PRE-CONSTRUCTED BUILDING THAT WILL BE BROUGHT IN IN 20 STUFF.
MOVING ON TO ITEM REQUIREMENT.
NUMBER THREE, IF COMPLETED AS PROPOSED IN THE APPLICATION, THE DEVELOPMENT WILL COMPLY WITH ALL THE REQUIREMENTS OF THE ORDINANCE AND HE WANTED THE PUBLIC CARE TO COMMENT ABOUT REQUIREMENT.
NUMBER THREE, SEEING NO ONE COME FORWARD FOR ANY QUESTIONS WITH REGARD TO ITEM NUMBER THREE, AND WE'LL MOVE ON TO REQUIREMENT.
NUMBER FOUR, THE USUAL, NOT MATERIALLY IN DANGER, THE PUBLIC HEALTH OR SAFETY IF LOCATED WERE PROPOSED AND DEVELOPED.
ACCORDING TO THE PLAN AS SUBMITTED ANYONE IN THE PUBLIC CHARACTER COMMENT WITH REGARD TO ITEM, NUMBER FOUR, SEEING NO ONE APPROACH, WE WILL ASK THE BOARD, IF THERE'S ANY QUESTIONS THAT YOU HAVE REGARDING REQUIREMENT.
NUMBER FOUR, I HAVE JUST ONE AND I'M SURE THIS HAS BEEN VENTED OUT TOTALLY.
UM, WITH THE FIBER OPTIC, IT'S A RELAY STATION OR AN AMPLIFIER TYPE OF THING.
SO WE DON'T EXPECT ANY EMISSIONS FROM THE BUILDING, UH, OTHER ELECTRONIC OR, UM, WE, WE DO HAVE A, WE WILL HAVE A GENERATOR ON SITE THAT WE'RE GOING TO BE FED BY NATURAL GAS, THAT IN THE EVENT OF ANY POWER OUTAGES, YOU KNOW, THAT THAT WOULD BE, YOU KNOW, AND AGAIN, EVERYTHING ELSE INSIDE IS JUST FIBER OPTIC ELECTRONICS WITH BASICALLY THE FEED, THE COMMUNITY UNDERSTOOD.
YEAH, I REALIZED IT'S SELF-CONTAINED.
I WAS, I WAS MORE THINKING ABOUT ELECTRONIC EMISSIONS AND THINGS LIKE THAT.
SO ANY OTHER QUESTIONS FROM THE LORD THAT I DON'T REMEMBER? FOUR, THANK YOU, SIR.
REQUIREMENT NUMBER FIVE, THE USUAL NOT SUBSTANTIALLY REDUCE THE VALUE OF A JOINING OR A BUDDING PROPERTY.
AND THIS IS OUR FAVORITE ONE WHERE WE HAVE TWO PARTS TO IT OR THAT THE USE IS A PUBLIC NECESSITY.
WOULD ANYONE IN THE AUDIENCE CARE TO SPEAK WITH REGARD TO REQUIREMENT? NUMBER FIVE, SEEING THE ONE APPROACH WE WILL ASK THE BOARD, IF THERE'S ANY QUESTIONS WITH REGARD TO THE VALUE, REDUCING THE VALUE OF A JOINT OR A BUDDING PROPERTY.
I THINK THE FACT THAT IT'S ADJACENT TO THE CITY'S SHORE BUILDING IS ONE THING THAT WE'RE NOT GONNA HAVE ANY MORE IMPACTED THAT WOULD HAVE.
THE SECOND PART OF THAT QUESTION IS THAT THE USE IS A PUBLIC NECESSITY AND THE QUESTIONS ABOUT THE PUBLIC NECESSITY.
[00:10:03]
IT WOULDN'T SEEM TO QUALIFY AS A NECESSITY.IT'S AN ACCOMMODATION, I GUESS, FOR THE CITY.
THE LOCATION AND CHARACTER OF THE, OF DEVELOPED ACCORDING TO THE PLAN SUBMITTED AND APPROVED WILL BE IN HARMONY WITH THE AREA IN WHICH IT IS TO BE LOCATED.
AND IN GENERAL CONFORMITY WITH THE PLAN OF DEVELOPMENT OF THE CITY, ANYONE FROM THE PUBLIC LIKE TO MAKE COMMENTS REGARDING REQUIREMENT, NUMBER SIX, SAY NO ONE, I WILL TURN IT OVER TO THE BOARD FOR QUESTIONS REGARDING NUMBER SIX REQUIREMENTS, NUMBER SIX.
I WILL LIKE TO HAVE EMOTION IF POSSIBLE FOR CLOSING THE PUBLIC COMMENT PORTION OF THE HEARING.
SO I HAVE A MOTION AND A SECOND TO CLOSE THE PUBLIC COMMENT PORTION OF THE REQUEST FOR A SPECIAL USE PERMIT, ALL IN FAVOR, SIGNIFY BY SAYING AYE.
WE'RE GOING TO GO BACK THROUGH ALL SIX OF THESE AGAIN.
NOW WITH JUST THE BOARD, HAVING INTERNAL CONVERSATION, UH, ASKING QUESTIONS OF THE STAFF AT THAT TIME, IF THERE ARE ANY, AND WE'LL START AGAIN WITH NUMBER, UH, REQUIREMENT.
NUMBER ONE, THE REQUEST THAT PERMIT IS WITHIN THIS JURISDICTION, ACCORDING TO THE TABLE, PERMISSIBLE USES, BUT ANYONE HAVE QUESTIONS.
IT'S CLEARLY DEFINED IN THE TABLE WITH AN S OR SPECIAL USE.
IS THERE A MOTION TO APPROVE ITEM NUMBER OR FROM NUMBER ONE? MR. CHAIRMAN, I MOVE, WE FIND A REQUESTED PERMIT IS WITHIN THE JURISDICTION.
ACCORDING TO THE TABLE OF PERMISSIBLE USES SECOND, THEN I HAVE A MOTION IN THE SECOND AND WE WILL TAKE A ROLL CALL VOTE.
THE APPLICATION IS COMPLETE COMMENTS OR QUESTIONS FROM THE BOARD.
I WILL, UH, IT'S NOT NOTED IN THE PACKET THAT WE HAVE, BUT ALL THE ADJOINING PROPERTY OWNERS WERE NOTIFIED.
IS THERE A MOTION TO APPROVE OR DENY REQUIREMENT? NUMBER TWO, MR. CHAIRMAN, I MOVE.
WE FIND THE APPLICATION IS COMPLETE.
ANY FURTHER DISCUSSION ROLL CALL PETER DYLAN.
JOHN RIGS GET PARANOID OVER SAMSON ROSSBY MOTION.
IF COMPLETED AS PROPOSED IN THE APPLICATION, THE DEVELOPMENT WILL COMPLY WITH ALL REQUIREMENTS OF THIS ORDINANCE, COMMENTS OR QUESTIONS FROM THE BOARD.
MR. CHAIRMAN, I MAKE A MOTION THAT IF COMPLETED AS PROPOSED, THE DEVELOPMENT WILL COMPLY WITH ALL THE REQUIREMENTS OF THIS ORDINANCE.
SECOND, WE HAVE A MOTION AND A SECOND, ANY FURTHER DISCUSSION, ROLL CALL PETER DOWN MORRISON.
THE USUAL NOT MATERIALLY IN DANGER, THE PUBLIC HEALTH OR SAFETY.
IF LOCATED WHERE PROPOSED AND DEVELOPED.
ACCORDING TO THE PLAN AS SUBMITTED BROTHER BOARD QUESTIONS,
[00:15:01]
COMMENTS.WE FIND THAT THE USE WILL NOT MATERIALLY ENDANGERED, THE PUBLIC HEALTH OR SAFETY.
YOU HAVE LOCATED WHOEVER PROPOSED AND DEVELOPED.
ACCORDING TO THE PLAN AS SUBMITTED.
WE HAVE A MOTION AND A SECOND, ANY FURTHER DISCUSSION, ROLL CALL MORRISON GET PARANOID.
THE FIRST SECTION OF REQUIREMENT, NUMBER FIVE, THE USUAL NOT SUBSTANTIALLY REDUCE THE VALUE OF ADJOINING OR BUDDING PROPERTY.
THERE'S BEEN NO EVIDENCE SUBMITTED THAT.
SO MR. CHAIRMAN, I MOVE THAT THE USE WILL NOT SUBSTANTIALLY REDUCE THE VALUE OF A JOINING OR A BUDDING PROPERTY.
THE USE IS A PUBLIC NECESSITY.
ANY BOARD COMMENTS ABOUT, I DON'T BELIEVE, I DON'T BELIEVE WE FIND THEM.
WE CAN SAY MR. CHAIRMAN, I MOVED TO, WE FIND THAT THE USE IS NOT A PUBLIC NECESSITY.
AND A SECOND ABOUT THE USE BEING, NOT BEING A PUBLIC NECESSITY.
ANY FURTHER DISCUSSION, TAKE A ROLL CALL.
AND NUMBER SIX, THE LOCATION AND CHARACTER OF THE USE OF DEVELOPED, ACCORDING TO THE PLAN SUBMITTED AND APPROVED WILL BE IN HARMONY WITH THE AREA AT WHICH IT IS TO BE LOCATED.
AND IN GENERAL CONFORMITY WITH THE PLAN OF DEVELOPMENT OF THE CITY, ANY DISCUSSION OR QUESTIONS FROM THE BOARD, I BELIEVE IT WILL HAVE MINIMAL IMPACT IN THE AREA.
SO MR. CHAIRMAN, I'VE MOVED THAT WE FIND THE LOCATION AND CHARACTER OF THE USE.
IT DEVELOPED ACCORDING TO THE PLAN IS SUBMITTED AND APPROVED.
WE'LL BE IN HARMONY WITH THE AREA IN WHICH IT IS TO BE LOCATED.
AND IN GENERAL CONFORMITY WITH THE PLAN OF DEVELOPMENT OF THE CITY, I HAVE A MOTION AND SECOND, ANY ADDITIONAL DISCUSSION FROM THE BOARD? NOT ROLL CALL PETER JOHN.
AND WE HAVE BEEN THROUGH ALL SIX REQUIREMENTS, UH, FOR THE ISSUANCE OF A SPECIAL USE PERMIT IN AFFIRMATIVE MANNER.
UM, IS THERE A MOTION TO APPROVE OR DENY THE ISSUANCE OF A SPECIAL USE PERMIT? MR. CHAIRMAN? I MOVE THAT.
WE APPROVE THIS SPECIAL USE PERMIT.
SECOND, WE HAVE A MOTION AND A SECOND, ANY FURTHER DISCUSSION ROLL CALL.
THAT'S A PATTERN W NOW THAT WE HAVE PASSED THE SPECIAL USE PERMIT AS REQUESTED, IS THERE ANY, UH, ADDITIONAL CONDITIONS THAT THE BOARD SEES THAT WOULD BE APPROPRIATE TO APPLY TO THIS SPECIAL USE PERMIT? I HAVE ONE QUESTION, ONE QUESTION.
THE ACCESS WAY IS THAT, IS THAT GOING TO, IT'S NOT A NAMED STREET AT THIS POINT IN TIME.
UM, W IN FRONT IT'S ALREADY A PUBLIC RIGHT OF WAY.
THAT WAS THE ONLY QUESTION YOU SAID.
AND THE OTHER IS THE RIGHT PLACE.
AND WHEN I WENT THROUGH THERE, MY FAMILY AND I, WE WENT WITH A LOSS.
SO RIGHT NOW IS AIN'T NEVER PUSHED US THOUGH, RIGHT? BETWEEN, YEAH.
IT SHOULD BE DIRECTLY BEHIND THE EXISTING.
[00:20:01]
YOU SAID IT WAS A CITY BUILDING.I'M NOT SURE WHAT TIME, BUT I NOTICED THAT, UH, PAST FIVE, THEY HAVE STARTED CLEAR YOU GUYS, I GUESS SOME OF THE ADJACENT PROPERTIES THAT WERE OFF AT GOC STREET NOW, BUT YOU'RE RIGHT.
IT SHOULD BE THOSE TWO LOTS FROM BEHIND THE EXISTING BUILDING.
I MEAN, ADDITIONAL CONVERSATION AMONGST THE BOARD ABOUT CONDITIONS THAT WE MAY WISH TO APPLY.
SO MR. CHAIRMAN, I SUGGEST WE HAVE NO CONDITIONS.
THE MOTION DID NOT, NOT APPLY ANY ADDITIONAL CONDITIONS AND IT'S BEEN SECONDED.
JIM MORRISON, JOHN REED GET PERIOD BOARD.
I DO BELIEVE THAT CAN CLUES THE SEED THINGS AGENDA.
IS THERE ANY NEW BUSINESS TO BE BROUGHT BEFORE THE BOARD FROM ANY OF THE MEMBERS? OKAY.
THEN WE'D BE VERY HAPPY TO HEAR A MOTION TO ADJOURN.
SECOND TO, TO ADJOURN ALL IN FAVOR, SIGNIFY BY SAYING AYE.