* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. [00:00:05] UH, I WANT TO CALL TO ORDER, UH, THE BRENT CITY OF BRENTWOOD BOARD OF ZONING APPEALS MEETING FOR MONDAY, MAY 20TH, 2024. UH, ALLISON, LET THE RECORD SHOW THAT ALL BZA MEMBERS ARE IN ATTENDANCE TONIGHT. UH, IF YOU'LL STAND AND RECITE THE PLEDGE OF ALLEGIANCE WITH YOU, I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL. THANK YOU. OKAY, ALLISON, THE FIRST THING ON OUR AGENDA IS THE ELECTION OF OFFICERS. I THINK WE WERE SUPPOSED TO DO THIS IN APRIL, BUT WE DID NOT HAVE AN APRIL MEETING. CORRECT. IS THAT CORRECT? THAT'S CORRECT. OKAY. SO WE ARE ELECTING A CHAIR AND A VICE CHAIR. YES. OKAY. ARE THERE NOMINATIONS FOR CHAIR? YES. I'D LIKE TO MAKE A MOTION TO NOMINATE TODD LOCKHART TO REMAIN THE, UH, BOARD CHAIR. THANK YOU. SECOND. THANK YOU. ANY QUESTIONS? ALL IN FAVOR OF APPROVAL, SAY AYE. A AYE. ALL OPPOSED? THANK YOU. NOW FOR VICE CHAIR, IS THERE A MOTION TO I MAKE, I'LL MAKE A MOTION AT LISA ROTHMAN. CONTINUE AS VICE CHAIR. SECOND. SECOND. OKAY, SECOND. ANY QUESTIONS? ALRIGHT. ALL IN FAVOR OF APPROVAL, SAY AYE. AYE. ALL OPPOSED? AYE. THANK YOU. ALL RIGHT, ALISON, THE FIRST ITEM ON OUR AGENDA TONIGHT. OH, SHE PULLS IT UP. UH, WE NEED TO APPROVE THE MINUTES. OH, YES, I DID OVERLOOK THAT. UH, IS, [ Approval or Correction of Minutes] UH, HAS EVERYBODY HAD A CHANCE TO REVIEW THE MEETING MINUTES FROM MARCH 18TH? IF SO, ARE THERE ANY CHANGES OR CORRECTIONS? HEARING NONE. IS THERE A MOTION TO APPROVE THE MINUTES? I, SO, NO. ANY SECOND? SECOND. ANY QUESTIONS? ALL IN FAVOR OF APPROVAL, SAY AYE. AYE. AYE. ALL OPPOSED. THANK YOU. OKAY. [1. BZA2404-002 Accessory Structure Request - Holly Tree Farms, Phase 1, Lot 31, 6430 Annandale Cove, Zoning OSRD - Applicant: Alliance Engineering & Consulting LLC] THE FIRST ITEM ON TONIGHT'S AGENDA IS BZA 2 4 0 4 DASH ZERO TWO ACCESSORY STRUCTURE REQUEST. HOLLY TREE FARMS PHASE ONE LOT 31 AT 6 4 3 0 ANNANDALE COVE ZONING, OSRD, ALLISON ALLIANCE ENGINEERING AND CONSULTING. REQUEST APPROVAL OF A 5,262 SQUARE FOOT DETACHED STRUCTURE TO BE CONSTRUCTED IN THE REAR BUILDABLE AREA OF THE LOT. THE STRUCTURE WILL BE CONSTRUCTED OF BOARD AND BATTEN SIDING WITH WOOD TRIM TO COMPLEMENT THE HOUSE AND CONCRETE WALLS. IT WILL HAVE A SHINGLE ROOF AND BE APPROXIMATELY 41 FEET TALL. THE HEIGHT OF THE HOUSE IS APPROXIMATELY 47 FEET TALL AND IS CURRENTLY UNDER CONSTRUCTION SECTION 78 DASH 22. FOUR STATES THAT EXCEPT ON PARCELS OF THREE ACRES OR MORE, NO ACCESSORY BUILDING SHALL EXCEED 750 SQUARE FEET OR, OR SORRY, UM, SQUARE FEET OF GROSS FLOOR AREA IN ANY OTHER ZONING DISTRICT. THE PROPERTY IS MORE THAN 10 ACRES IN SIZE. SECTION 78 DASH 22 5 STATES. NO ACCESSORY BUILDING SHALL EXCEED THE LESSER OF THE HEIGHT OF 25 FEET TALL OR THE HIGH OF THE HOUSE, EXCEPT FOR ACCESSORY BUILDINGS THAT ARE ESSENTIAL FOR AGRICULTURAL ACTIVITIES CONDUCTED ON PARCELS OF MORE THAN FIVE ACRES IN SIZE. THE PROPOSED STRUCTURE WILL BE USED FOR AGRICULTURAL ACTIVITIES CONDUCTED ON THE PROPERTY. IT WILL HAVE A GARAGE, IT WILL ALSO HAVE A GARAGE FOR THE PARKING OF VEHICLES. THE FOLLOWING AGRICULTURAL STORAGE ACTIVITIES AND USES THAT ARE PROPOSED ARE AGRICULTURAL VEHICLE STORAGE, ANIMAL HOUSING, FEED FOR THE ANIMALS, HAY BALES, AND ADDITIONAL MISCELLANEOUS FARM EQUIPMENT. THE PROPOSED STRUCTURE IS LOCATED WITHIN THE HILLSIDE PROTECTION OVERLAY DISTRICT AND WAS APPROVED BY THE PLANNING COMMISSION ON APRIL 1ST, CONTINGENT UPON THE BOARD OF ZONING APPEALS REVIEW AND APPROVAL FOR THE CONSTRUCTION OF A DETACHED STRUCTURE. OH, SORRY. UM, THERE ARE FOUR CONDITIONS OF APPROVAL AND STAFF RECOMMENDS APPROVAL OF THE DETACHED ACCESSORY STRUCTURE SUBJECT TO ALL BUILDING CODES AND STAFF NOTES. OKAY. IS THERE ANYONE HERE REPRESENTING THE PROJECT WISHES TO COME UP AND SPEAK? OKAY. I WOULD ASK IF YOU'RE GOING TO SPEAK, IF YOU WOULD STATE YOUR NAME RIGHT. GO AHEAD. YEAH. AND IS THE HOMEOWNER WITH YOU? THAT'S RIGHT. OKAY. ALRIGHT. UH, CURTIS FLIGHTS. OKAY. HE'S THE HOMEOWNER. OKAY. HI, I AM GONZALO . I'M, UH, WITH JORDAN ARCHITECTURE, ONE OF THE ARCHITECTS ON, UH, ON THE PROJECT. OKAY. IS THERE ANYTHING YOU ALL WANT TO ADD TO WHAT'S BEEN [00:05:01] STATED SO FAR TO THE PROJECT? UH, JOSH LIN, ALLIANCE ENGINEERING CONSULTING AND OUR CIVIL TEAMS HERE TOO, BUT I MEAN, NOT REALLY. WE WANTED TO SEE IF YOU GUYS HAD ANY QUESTIONS FOR US AND MAKE SURE WE WERE HERE TO SUPPORT KURT, SO. OKAY. ANY QUESTIONS FOR THE APPLICANT? OKAY. UH, HEARING NONE, YOU CAN BE SEATED. OKAY. WE MAY CALL YOU BACK FOR ADDITIONAL QUESTIONS BEFORE WE MOVE. I, I'M, CAN I HAVE, IS THERE A SHOW OF HANDS OF ANYONE WHO WANTS TO SPEAK? I DO. I'VE GOT SOMETHING I WANNA SAY BEFORE WE START. SO, THE BZA HAS A LIMITED ROLE TO REVIEW THIS SUBMISSION AGAINST SECTION 78 22 OF THE ZONING CODE. THE BZA CANNOT CONSIDER PRIVATE HOA COVENANTS AND RESTRICTIONS. MORE SPECIFICALLY, IT IS ILLEGAL FOR THE BZA TO BASE A DECISION ON ANYTHING OTHER THAN THE CITY CODE. STORMWATER ISSUES WILL BE CONSIDERED AT THE BUILDING PERMIT STAGE. AN ENGINEERED SITE PLAN WILL BE REQUIRED AT THAT TIME, BUT THE BZA IS NOT CONSIDERING THOSE ISSUES AT THIS TIME. FOR LOTS IN EXCESS OF THREE ACRES, THE BZA CAN APPROVE STRUCTURES LARGER THAN 750 SQUARE FEET. IF A STRUCTURE IS ESSENTIAL FOR AGRICULTURAL ACTIVITIES ON THE PROPERTY, THEN THE STRUCTURE CAN BE TALLER THAN 25 FEET. ANY DISAPPROVAL MOTION MUST INCLUDE THE SPECIFIC PART OF THE CODE AND ACCESSORY STRUCTURE DOES NOT MEET, IT CANNOT BE SOMETHING THAT'S NOT IN 78 22. IT MUST BE SPECIFIC. SO IF THERE'S ANYONE WHO WISHES TO SPEAK ABOUT THIS PROJECT, UH, IF YOU COULD COME TO THE MICROPHONE AND STATE YOUR NAME. HELLO, MY NAME IS JENNIFER GETZ. I LIVE AT 1 1 3 6 HOLLY TREE FARMS ROAD. UM, THERE'S A WATER DRAIN THAT WAS CREATED WHEN THE, I'VE LIVED THERE SINCE THE BUILT SINCE THE, IT WAS BUILT SINCE 1992. THEY BUILT A STORM DRAIN THAT GOES FROM THAT PROPERTY, I GUESS, DOWN THE HILL THROUGH MY BACKYARD. IT DUMPS OUT THROUGH MY BACKYARD AND I'VE ALWAYS HAD GRASS BACK THERE. SO WHEN IT RAINED REALLY, REALLY HARD, WE USED TO CALL IT THE GETZ RIVER BECAUSE IT WOULD FILL UP WITH WATER AND THE WATER WOULD DRAIN OUT. I STARTED NOTICING A FEW MONTHS AGO THAT A LOT OF SILT AND DIRT AND DEBRIS WAS BEGINNING TO MOVE INTO MY YARD. SO I DIDN'T KNOW WHAT TO DO AND THE STORM DRAIN WAS FULL OF MUD. SO I CALLED THE CITY OF BRENTWOOD AND THEY CAME AND LOOKED AT IT AND THEY WENT UP ON THE HILL AND THEY SPOKE TO THE PEOPLE THAT WERE BUILDING THERE AND THEY NOTICED THAT THERE WERE THINGS THAT WERE OUT OF, OUT OF LINE WITH WHAT WAS GOING ON THERE. SO IT'S AN ONGOING ISSUE THAT THEY SAID THAT THEY WILL KEEP AN EYE ON. MY CONCERN IS THAT AT THE END OF ALL OF THIS, I WANT MY BACKYARD FIXED UP TO WHAT IT WAS BEFORE, WHICH WOULD BE GRASS AND EVERYTHING. THAT'S MY CONCERN AND IT'S A PERSONAL CONCERN. OKAY. OKAY. IS THERE ANYONE ELSE WHO WISHES TO SPEAK IF YOU'LL COME FORWARD AND STATE YOUR NAME? HI, GOOD AFTERNOON. SUSANNA DW 1137 HOLLY TREE FARMS. SO I JUST HAVE A CLARIFYING QUESTION. UM, IS IT POSSIBLE THAT THE HOMEOWNERS CAN GET A COPY OF THE ENVIRONMENTAL STUDY? IS THAT POSSIBLE? WAS THERE AN ENVIRONMENTAL STUDY THAT WAS DONE? UH, ALI, SO IF YOU'LL COME TO THE MICROPHONE PLEASE. THANK YOU. SO THE IN, SO THE INITIAL PERMITTING PHASE FOR THE MAIN STRUCTURE OF THE HOME IS OVER ONE ACRE OF, YOU KNOW, IMPACTED CONSTRUCTION AREA, WHICH REQUIRES TD SWIP PLAN. UM, WE WEREN'T INVOLVED IN THE INITIAL CIVIL PLAN THAT GOT THAT APPROVAL. WE'VE BEEN BROUGHT IN ABOUT, I DON'T KNOW, PROBABLY MIDWAY THROUGH THE PROJECT, BUT T DECK HAS APPROVED THE SWIP PLAN, WHICH ORIGINALLY NEVER GOT FULLY DONE. I THINK IT WAS JUST KIND OF SLIPPED THROUGH. WE'VE GOTTEN THAT SINCE COMPLETED. AS FAR AS ENVIRONMENTAL STUDIES, THAT'S REALLY THE ONLY STUDY THAT'S REQUIRED BY TENNESSEE DEPARTMENT OF ENVIRONMENTAL CONTROL AND CITY OF BRENTWOOD. YOU, YOU REFERENC HELP ME WHERE YOU REFERENCED TDEC. WHAT DOES THAT ACRONYM REPRESENT? TENNESSEE DEPARTMENT OF ENVIRONMENTAL CONTROL. UNDERSTOOD. OKAY. SO THEY'RE OVER EVERYTHING. YOU GUYS ARE THE LOCAL AUTHORITY, BUT THERE ARE SOME CASES LIKE WHEN AN IMPACT AREA OF CONSTRUCTION'S OVER ONE ACRE WHERE THEY STEP IN AND REQUIRE A LITTLE BIT MORE. MM-HMM. . SO THAT'S BEEN CLEANED UP WITH THEM SINCE, AND I THINK HER CONCERN WAS ADDRESSED WITH CITY OF BRENTWOOD, BRENTWOOD WENT BACK, LOOKED INTO THE FILE, REALIZED THAT THAT HAD NEVER GOTTEN COMPLETED. WE CLEANED IT UP AND [00:10:01] THEN GOT IT ALL IMPLEMENTED BACK WITH DONNY AND TIMMONS. IT WAS JUST SOMETHING THAT JUST SLIPPED THROUGH, SO, OKAY. MM-HMM. , DONNY AND TIM WAS THE BUILDER. THEY ARE, THEY DIDN'T HAVE A SILT FENCE UP. THEY DID HAVE A SILT FENCE UP. THEY DID. IT JUST WASN'T WORKING AS FAR. WELL, I THINK ANYTIME DURING CONSTRUCTION PROCESSES OF THIS LONG MAINTENANCE IS A, YOU KNOW, THING THAT NEEDS TO BE UPDATED FROM TIME TO TIME. AND I THINK IT JUST SLIPPED THROUGH THE WINTER MONTHS ON 'EM. THEY CAN SPEAK MORE TO THAT. SO. OKAY. CAN I ASK ONE CLARIFYING QUESTION IF YOU'LL COME TO THE MICROPHONE? YEAH. YEAH. OKAY. IT'S REALLY TO YOU . YEAH. SO THE, THE ENVIRONMENTAL STUDY THAT'S BEEN COMPLETED, HAS THAT BEEN COMPLETED ON THE NEW STRUCTURE OF THE BARN THAT INCORPORATES THAT POTENTIAL RAMIFICATION? OR DOES IT, IS IT FOR THE ORIGINAL STRUCTURE OF THE HOME? THAT'S A GOOD QUESTION. SO TDEC DOESN'T REQUIRE IT IF THE IMPACT AREA OF CONSTRUCTION'S NOT OVER ONE ACRE, THE ORIGINAL HOME SITE CONSTRUCTION WAS MM-HMM. . BUT IN THIS CASE, TD DECK WON'T BE INVOLVED. SO REALLY WHAT WE'RE LEFT TO DESIGN FOR IS PER CITY OF BRENTWOOD STANDARD REQUIREMENTS. AND, AND JUST TO RESTATE, WHEN THEY COME BACK FOR THE BUILDING PERMIT, THAT'S WHEN DRAINAGE PLANS ARE EVALUATED, ENGINEERED SITE PLAN WILL BE REQUIRED YEAH. AS PART OF THE BUILDING PERMIT, WHICH HAS ALREADY BEEN PROVIDED TOO. SO, TODD, JUST A QUESTION ON THAT POINT. WE REALLY DON'T HAVE ANY JURISDICTION ON, ON THESE MATTERS. NO. THE, THE ZONING APPEAL BOARD, THIS IS QUESTIONS OF INTEREST AND, AND SURE. TODD AND THE REST OF US ARE HAPPY TO HELP OUT. RIGHT. TO GUIDE YOU. BUT WE REALLY HAVE NO, NO, NO DIRECT AUTHORITY OVER OVER THESE KINDS OF MATTERS. CORRECT. OKAY. CLARIFYING QUESTION IF THAT'S OKAY. YEP. BACK TO THE MIC. . SO WHEN THE PROCESS GETS TURNED OVER TO THE THANK YOU. YES. YES. WILL THE HOMEOWNERS BE GIVEN AN OPPORTUNITY TO BE, UM, NOTIFIED OF THE ENVIRONMENTAL STUDY? NO. WILL WE BE NOTIFIED IF OR IF THERE'S ANYTHING UNTOWARD WITH THE ENVIRONMENTAL STUDY? I'M ASSUMING THAT WILL BE CORRECTED BEFORE THERE, THERE BUILDING PROCEEDS, THERE, THERE'S NO NOTICE REQUIREMENTS WITH A BUILDING PERMIT AND THEY'LL HAVE TO MEET ALL CITY CODES OKAY. IN ORDER TO GET THE BUILDING PERMIT ISSUED. OKAY. OKAY. THANK YOU. MM-HMM. , ONE LAST QUESTION, BUT I DON'T KNOW WHETHER IT'S RELEVANT OR NOT. SO YOU'LL, YOU'LL TELL ME. OKAY. OKAY. SO WITH THE, UM, WITH THE CONSTRUCTION OF THE BARN AND THE HEIGHT OF THE BARN, ONE THING THAT WOULD I THINK HELP WOULD BE IN THE WINTER TIME, OBVIOUSLY WE LOSE ALL THE, THE TREES, RIGHT? THE, THE LEAVES ARE GONE AND BOTH, BOTH NEIGHBORS ARE GONNA BE WAVING FOR WAVING TO EACH OTHER FROM THE BOTTOM AND THE TOP OF THE HILL. UM, IS THERE AN OPPORTUNITY FOR DISCUSSION TO ASK THE HOMEOWNERS TO PLANT TREES UP THERE THAT WOULD HELP KEEP THAT NATURAL KIND OF LANDSCAPE, UM, KIND OF GOING. THANK YOU. UM, YEAH, I MEAN THE SHORT OF IT IS WE, WE'VE GOT ABOUT FIVE YOUNG KIDS AND WE PROBABLY DON'T WANNA SEE YOU AS MUCH AS YOU WANNA SEE US AND ALL OF US. YEAH, SAME THING. UH, LOVE TREES AND, AND THERE WAS ACTUALLY IN I THINK 77 WHEN THE LOT WAS DONE, ALL THE PINE TREES WERE THERE AND JUST KIND OF OVER THE YEARS, SOME DIED AWAY. AND SO WE, WE PLAN ON ABSOLUTELY PUTTING TREES BACK. OKAY. UM, NOW THERE ISN'T ANY TREES GOING DOWN, SO WE'RE NOT LOSING ANY TREES. OKAY. SO THE VISION IS KIND OF THE SAME AS IT ALWAYS HAS BEEN. BUT SAME SCENARIO, I THINK WE'RE ON THE SAME PAGE AND OKAY. WE LOVE TREES, WE LOVE PRIVACY AND THAT, THAT'S KIND OF THE, THE PART OF IT AND OKAY. UM, WE, WE HAVE TWO OTHER HOUSES DOWN IN THE NEIGHBORHOOD. WE ALWAYS SAY LIKE, WE LOVE OUR NEIGHBORS, WE LOVE THE, YOU KNOW, THIS IS OUR THIRD SUMMER HERE. WE LOVE BRENTWOOD, WE LOVE THE SCALES AND, AND EVERYTHING. WE'RE KIND OF SETTING DOWN ROOTS. SO AS FAR AS THE NEIGHBORHOOD AND WHAT WE'RE TRYING TO DO, I MEAN GREAT NEIGHBORS AND, YOU KNOW, STUFF LIKE TREES WOULD LOVE TO DO. OKAY. THANK YOU. THANK YOU. OKAY. THANK YOU. ARE THERE ANY, ANY OTHER QUESTIONS? YES. IF YOU'LL STATE YOUR NAME FOR ME. UH, MARY FORSYTH AND TOM FORSYTH. AND WE LIVE AT 10 63 HOLLY TREE FARMS ROAD. OKAY. AND I GUESS WHERE WE'D LIKE TO START IS THE QUESTION OF THAT GREATER THAN 25 FOOT, BUT I BELIEVE IS IN YOUR 78, 22, WHATEVER THAT 78 DASH 22. YEAH. OKAY. THE HEIGHT OF THE, IT SAYS THAT THAT'S A, THAT'S A, UM, GOING ABOVE, I THINK IT'S EITHER 200 OR 700. YOU SAID EARLIER, UH, SQUARE FEET IS BASED ON AN, UH, AN ESSENTIAL NEED, ESSENTIAL USE FOR AGRICULTURE OR AGRICULTURE IS MORE THAN ONE WORD, OBVIOUSLY. AND WHAT CONSTITUTES ESSENTIAL? ESSENTIAL, I MEAN, I'VE GOT A TREE IN MY BACKYARD. AM I ASSET, YOU KNOW, IF I HAD 10 ACRES, THAT'D MAKE ME ESSENTIAL. I MEAN, WHAT WHAT WHAT'S WHAT'S THE DEFINITION OF THAT? 'CAUSE THAT'S IN YOUR PURVIEW, THAT'S IN YOUR, THAT'S DEFINED, THAT'S IN YOUR ZONE SO TO SPEAK. IT, IT, IT IS DEFINED IN THE CODE. DO YOU, CAN YOU PROVIDE [00:15:01] SOME LIGHT ON THAT? UH, IF BOB CAN CHECK THE DEFINITION, I'M NOT SURE IT'S DEFINED, BUT, UM, THE SQUARE FOOTAGE OF THE STRUCTURE OVER AND ABOVE THE SEVEN 50, THAT'S BASED ON THE ACREAGE. IT HAS NOTHING TO DO WITH AGRICULTURAL ACTIVITIES CONDUCTED ON THE PROPERTY. THAT'S INTERESTING. I READ THE RULE AND THAT'S NOT WHAT THE WORDS ON YOUR WEBSITE, THE HEIGHT. THE HEIGHT IS HEIGHT. THE HEIGHT IS, IS THE HEIGHT. SO I HA I HAD A QUESTION. THE QUESTION, UM, WITH THAT 10 ACRES, HOW MUCH OF THAT IS BUILDABLE? I I DON'T HAVE AN ANSWER. A LOT OF IT IS WOODED. YEAH. YEAH. SO I WAS JUST WONDERING WHAT, WHAT'S THE BUILDABLE ACREAGE IN THE, IN THE OSRD WHEN IT WAS CREATED? IT HAS 10 FOOT MINIMUM BUILDING SETBACKS ON THE EAST AND WEST END AND 30 FEET ON THE NORTH AND SOUTH. WE HAD A SITE PLAN THAT WE, RIGHT. SO THAT'S, IT'S QUITE A BIT OF THE PROPERTY, BUT THERE YOU GO. IT'S 10 FEET ON THE EAST AND WEST AND 30 FEET ON THE NORTH. SOUTH IS THE, IS THE, IS THE BUFFER. AND, AND DID THE PLANNING BOARD, UM, WALK THE PROPERTY WHERE THE PROPOSED ACCESSORY BUILDINGS GOING TO BE? NOT, UH, I DO NOT KNOW. THEY'RE NOT REQUIRED TO WALK THE PROPERTY. THEY, THEY DID CONSIDER THE, THE CASE, UH, IN APRIL, BUT I DON'T KNOW, I CAN'T ANSWER THAT IF THEY LOOKED AT THE PROPERTY IN PERSON. OKAY. 'CAUSE 'CAUSE ONE OF THE CONCERNS IS OF COURSE, YOU KNOW, THIS IS, AS WAS STATED, THIS IS A, A RELATIVELY WOODED AREA. NOW WE GOT A ROAD, YOU KNOW, IN FRONT OF THE NEIGHBORHOOD AND ALL. BUT WHEN YOU LOOK BACK AND AS YOU LOOK AT THE, UH, THE, YOUR OTHER CHART THERE THAT KIND OF SHOWS THE PROPERTY AND THE WHOLE, UH, OPEN ZONE DISTRICT THING, WE'VE GOT THIS BIG SORT OF SHOULDER OVERLAY THAT THAT'S RATHER VERTICAL, BUT IT'S, IT'S GREEN AND WOODED. AND WHILE TREES WILL HELP, YOU KNOW, A WHITE OR GRAYISH COLORED BUILDING IN THE MIDST OF NOTHING BUT THOSE TREES IS GONNA BE LIKE PUTTING A 40 FOOT BILLBOARD UP, UM, YOU KNOW, MIGHT AS WELL JUST, YOU KNOW, BE SELLING COCA-COLA OR SOMETHING. WELL, UM, I WOULD LIKE TO KNOW WHAT THE DEFINITION OF THE ESSENTIAL AGRICULTURAL USE IS. 'CAUSE ON, ON THE DRAWING IT SAYS AGRICULTURAL ACCESSORY STRUCTURE. AND, UM, IF IT'S NOT GOING TO BE AN AGRICULTURAL ACCESSORY STRUCTURE, THEN YOU WOULD NOT HAVE THAT HEIGHT OF 41 FEET. YOU WOULD HAVE TO BE WITHIN THE 25, THE 25 FOOT IF IT, IF THE USAGE WASN'T GOING TO BE AGRICULTURAL. AND CURRENTLY THAT'S THE WAY IT'S DRAWN. THAT'S THE WAY IT'S SUBMITTED. AND THAT'S, IF IT GETS APPROVED BY PLANNING WOULD BE PERMITTED THAT WAY. UM, WE WOULD HOPE THEY DO USE IT THAT WAY. IT SEEMS THE SITE PLAN SHOWS RIGHT. SPECIFIC, IT SEEMS TO BE DRAWN THAT WAY. I HAVE A QUESTION ABOUT THE HEIGHT ISSUE. UM, I HAVE NOT BEEN OUT TO THE PROPERTY. THE NEW HOUSE THAT'S BEING CONSTRUCTED. IS THIS STRUCTURE AT THE SAME LEVEL, THE WAY IT'S DRAWN HERE? IT LOOKS LIKE THERE'S A DRIVEWAY OR PATHWAY BETWEEN THEM. I, I THINK THE NEW STRUCTURE, I DON'T LET THE ENGINEERS QUESTION. WELL, JUST TO COMMENT THOUGH, THE 41 FEET IS TAKEN FROM THE LOWEST POINT, LOWEST POINT OF THE STRUCTURE TO THE ROOFTOP. THAT'S CORRECT. AND AS I SEE THAT, THAT'S BUILT ON A, ON A TRANSITIONAL LOT. YES. AND REMEMBER, ALL THE NEIGHBORS ARE BELOW THAT AND THEY'RE ONLY, MOSTLY, ONLY PERSPECTIVE IS FROM THAT LOWEST POINT TO THE FRONT. SO, SO THE FACT THAT IT'S HALF THE HALF THE SIZE IN THE FRONT, WHICH ABOUT IS MORE OR LESS WHAT IT IS, THAT'S NOT WHAT ANYBODY'S GONNA SEE, BUT THE FAMILY THAT LIVES THERE. YES, SIR. RIGHT. SO THE BUILDING, IT'S 41, BUT THAT AGAIN IS MEASURED TO THE VERY HIGH POINT TO THE VERY LOW POINT. CORRECT. SO IT JUST BECAUSE THE SLOPE, ALTHOUGH, ALTHOUGH WHAT'S THE ROOF HEIGHT OF THE EXISTING HOUSE THAT'S BEING BUILT? 47. 47. SO THIS IS BELOW THAT, BUT IT'S 47 NOT FROM WHERE IT'S MEASURED ON THAT. CORRECT. SO IT'S, IT'S, IT'S, IT'D GO FOR FINISHED FLOOR, THE, UH, SEA LEVEL. RIGHT. IT'S EVEN HIGHER. THAT'S THE HOUSE. YEAH. THE HOUSE IS THREE FEET HIGHER ON FINISHED FLOOR ELEVATION PLUS IT'S 47 FEET. SO IT'S REALLY CORRECT. AND WE DON'T CONSIDER THE ELEVATION DIFFERENCE AT ALL. WE JUST LOOK, SO YOUR CONCERN IS THE VIEW? WELL, THE, THE PEOPLE IN OUR NEIGHBORHOOD THAT LIVE ON THAT SIDE, THERE'S A BUT YOU GO, YOU GO TO YOUR OTHER THING, YOU KNOW, THERE'S, THERE'S A HANDFUL OF HOUSES THAT WHEN THEY LOOK OUT THEIR BACK WINDOW RIGHT. YOU KNOW, THEY'RE LOOKING AT THIS HILL AND THIS LOT IS, IS REALLY ON THE TOP OF THE HILL AND IT, IT AMBLES AROUND UP THERE, YOU KNOW, THE INSIDE TREES AND IN THE GREEN SPOT IN THE MIDDLE. AND THE PEOPLE THERE, ALL THEY GET TO SEE IS THAT THAT TALL ASPECT OF IT. UM, AND, AND YOU CAN, YOU KNOW, YOU CAN SIX MONTHS OUTTA THE YEAR FOR SIX MONTHS OUT OF THE YEAR. AND THAT'S CONCERNED NOW TREES WILL HELP AND THAT'S GREAT THAT, THAT, THAT'S ON THE LIST. BUT IN ADDITION TO THAT, IF IT CAN BE COLORED SOMETHING THAT IT BLEND IN A LITTLE MORE, I MEAN, I'M NOT TALKING ABOUT A, A CAMO CLEVER THING OR ANYTHING. NO, WE REQUIRE OKAY. THAT'S NOT WHERE WE'RE GOING. . WE REQUIRE, WE REQUIRE AND THEY'VE SUPPLIED THAT IT MATCHED THE EXISTING HOUSE CORRECT. WITHOUT THE TREES AROUND IT. CORRECT. BECAUSE WE WANT TO, YOU KNOW, WE'RE, WE'RE LOOKING AT THIS THING AND WE, YOU KNOW, THE MORE IT LOOKED LIKE FOREST, RIGHT. WELL, THE MORE IT LOOKS LIKE, YOU KNOW, SO THE HOUSE IS ACTUALLY TALLER THAN AND, AND BEHIND AND LARGELY AT, IT'S NOT COMPLETELY OUTTA SIGHT, BUT IT'S, IT'S ON IF [00:20:01] IF, IF I MAY NO, I GOTCHA. I I KNOW WHAT IT IS. SO IF THAT HOUSE HAD BEEN BACKED UP FURTHER ON THE PROPERTY LINE, YOU WOULD'VE SEEN THE HOUSE MORE IF, IF IT HAD BEEN CLOSER. OKAY. CLOSER ON. IF THIS WAS CLOSER TO THE PROPERTY LINE ON THE OTHER SIDE MM-HMM. , THEN IT WOULD BE EVEN LESS VISIBLE AND PROBABLY NOBODY BE HERE. CAN YOU, CAN YOU TELL ME WHICH LOT IS YOURS ON THERE? YEAH, I DON'T, I'M NOT ACTUALLY PERSONALLY IMPACTED. OKAY. I'M DOWN HERE. NO, YOU'RE NOT. YOU'RE, YOU'RE, YOU'RE RIGHT. 63, 59. OH YEAH, I HAVE HERE. OKAY, WE'RE RIGHT HERE. OKAY. THE HOUSES THAT ARE REALLY IMPACTED ARE ALL THESE FOLKS ALONG HERE, THEY'RE LOOKING AT IT THIS EVERY DAY. I SIT DOWN HERE AND I LOOK UP THE HILL, BUT IT'S SO FAR UP THE HILL, I DON'T SEE IT. I JUST SEE GRASS AND, AND BECAUSE I DON'T SEE IT, GOD LOVE YOU HAVE A LOVELY HOUSE. OKAY. OKAY. BUT THESE PEOPLE, THEY'RE LOOKING AT, AT THIS THING, IT'S 41 FOOT TALL FROM THEIR PERSPECTIVE. OKAY. AND YOU'RE ALSO ON THE, UH, NEIGHBORHOOD BOARD. SO, OKAY. DID YOU HAVE SOMETHING THAT YOU AND I HAVE TO BE ON THE BOARD, BUT THAT'S, DID YOU HAVE SOMETHING YOU WANT TO ADD? DID THAT HELP TO, DIDN'T ANSWER YOUR QUESTION. IS THAT COMMENT, YOU KNOW, LIKE CURRENTLY THE NICK, THERE'S LIKE THE HOA OWNS LIKE THE LAND BETWEEN THE, UH, THE HOMES AND THE PLATES RESIDENCE PART OF THE OS ALREADY OPEN. RIGHT. AND SO THAT'S A, IT'S 130 FEET. IT JUST HIGHLIGHTED IS SRD OPEN SPACE. THAT WAS, IT'S 130 FEET OF WOODS. YEAH. I'M, THANK YOU. YES. THAT, YOU KNOW, THAT IS NOT BEING TOUCHED. CORRECT. AND THEN, YOU KNOW, IS WOOD, IS THAT WOOD IS MOST OF THAT WOODED? OH YEAH. IT'S ALL, ALL HEAVY WOODED. ALL RIGHT. BUT IT'S A HILLTOP PROPERTY. IT IS. IT'S BURG. OKAY. THAT IS CORRECT. AND THAT'S PART OF THAT WE WENT THROUGH THE PLANNING COMMISSION FOR THE HILLSIDE PROTECTION AND THAT'S WHEN IT GOT APPROVED FOR MATERIALS AND OKAY. AND THE, UM, LOOK OF THE H THE, THE BARN. OKAY. DON'T YOU GO MARRIED. I JUST HAD A A QUESTION ABOUT, UM, SOME TOWNS HAVE A TREE, UM, BOARD THAT GOES IN AND FOR TREE PROTECTION. UM, DOES THE CITY OF BRENTWOOD HAVE SUCH A THING LIKE, SO THE HOMEOWNERS PROPOSING HE'LL PROVIDE ADDITIONAL SCREENING, BUT WILL THAT BE IN, IN WRITING AND WHAT THE, WHAT, HOW MANY TREES, WHAT THE BUDGET IS FOR THAT AND ALL THAT? YEAH, GO AHEAD. UM, SO IT'S REALLY, WE CAN REQUEST, BUT WE CAN'T REQUIRE THE APPLICANT. CAN THE PLANNING BOARD REQUIRE? NO. AND AND HERE'S WHY. WE'RE, WE'RE BASICALLY ASKING PEOPLE TO SPEND MORE MONEY THAT THEY HADN'T PLANNED ON. AND I HATE DOING THAT TO PEOPLE IF I CAN HELP IT BECAUSE THEY HADN'T PLANNED ON IT. AND IT, AND THEY CURRENTLY, IT LOOKS LIKE THEY MEET THE, THE, THE NECESSARY WHAT THEY NEED TO DO FOR APPROVAL. HE WAS NICE ENOUGH TO STAND UP AND STATE IN PUBLIC THAT HE'S WILLING TO ADD MORE. BUT AS FAR AS I KNOW, I DON'T THINK THERE'S A WAY THAT, YOU KNOW, WE ARE NOT GOING TO MAKE SURE THAT HAPPENS. UM, WELL I WAS JUST WONDERING. I'VE WORKED IN OTHER STATES WHERE THEY DO REQUIRE IT FOR A PLANNING BOARD. SO JUST WONDERING, I'M NOT AWARE THAT WE HAVE THAT HERE. WE CAN MAKE A LANDSCAPING REQUIREMENT AS A CONDITION. WE, BUT THAT WOULD BE US IF WE CHOSE TO DO THAT. WELL, THIS DID GO TO THE PLANNING COMMISSION BECAUSE IT'S IN THE HILLSIDE PROTECTION OVERLAY. AND SO THERE, THERE ARE DIFFERENT REQUIREMENTS FOR, UH, PRESERVING TREES AND THE HILLSIDE PROTECTION OVERLAY. SO THAT'S FROM A, THE STARTING POINT. THIS ONE IS SORT OF LOOKED AT DIFFERENTLY THAN, THAN OTHER PROPERTIES THAT ARE, THAT ARE NOT IN THE HILLSIDE PROTECTION OVERLAY. UM, SO THAT, THAT WAS PART OF THE ROLE OF WHAT THE PLANNING COMMISSION LOOKED AT, IS TO MAKE SURE IT COMPLIES WITH THE, THE HILLSIDE PROTECTION OVERLAY STANDARDS FOR, UH, TREE PROTECTION. THAT'S WHERE IT'S MORE PROTECTING, SAVING, YOU KNOW, THAN YEAH. REQUIRING ADDITIONAL, YEAH. UHHUH . OKAY. AND SO WE DON'T HAVE A FIRM DEFINITION OF ESSENTIAL AGRICULTURAL, BUT IN THE ZONING IT SAID SHEEP CATTLE. NO, THERE'S NOT A, THERE'S NOT A DEFINITION OF, UH, ESSENTIAL AGRICULTURAL, BUT WHEN WE LOOKED AT THIS, IT, IT WAS SORT OF LOOKED AT AS THAT ANYTHING THAT'S NEEDED TO SUPPORT THE AGRICULTURAL USE ON THE PROPERTY, THE AGRICULTURAL ACTIVITIES WOULD BE ESSENTIAL. IF YOU'RE DOING ANYTHING THAT'S, UH, RELATED TO HAVING FARM ANIMALS OR HAY OR, OR, UM, OTHER THINGS THAT WOULD BE CONSIDERED AGRICULTURAL THAN ANYTHING THAT SUPPORTS THAT IS ESSENTIAL. WELL THEN WHAT IF YOU'RE NOT HAVING, UM, DOMESTIC ANIMALS ON YOUR PROPERTY? WELL, I THINK WHAT HE'S SAYING, HE'S, HE'S TALKING ABOUT THE EQUIPMENT REQUIRED TO TAKE CARE OF THE PROPERTY. NO, HE SAID TO CARE FOR THE DOMESTIC WELL AND FARM, BUT EQUIPMENT, FARM EQUIPMENT, WELL, IT COULD BE AGRICULTURAL EQUIPMENT. IT COULD, SO YOU WOULD NEED A, A 5,200 SQUARE FOOT ACCESSORY BUILDING TO HOLD THE AGRICULTURAL EQUIPMENT. SO IT COULD BE VEGETABLE, VEGETABLE GARDEN, I MEAN ANIMALS VEGETABLE GARDEN. I CAN SAY [00:25:01] THAT THIS BOARD'S APPROVAL OF BARNS FOR AGRICULTURAL ACTIVITIES ON LOTS LARGER THAN FIVE ACRES. THE PROPOSED USES ARE EQUAL TO, OR PROBABLY GREATER THAN OTHERS THAT HAVE BEEN APPROVED. UM, THERE'S BEEN TRACTORS, THERE'S BEEN, UM, EQUIPMENT LIKE THAT THAT WAS PROPOSED TO BE, YOU KNOW, HOUSED WITHIN THESE STRUCTURES. OTHER SIMILAR CASES? WELL, IF THERE'S NOT A DEFINITIVE, UM, DESCRIPTION OF WHAT THE ESSENTIAL AGRICULTURALISTS YEAH, I'LL DO A LITTLE BIT. THEY GOT, IT'S, YOU'RE, YOU KNOW, YOU KEEP GOING WITH THE 5,200 SQUARE FEET. UM, IT'S 2,400 FOOTPRINT. IT JUST BECAUSE THE SLOPE, WE, IT'S COUNTING THE BASEMENT SPACE, BUT IT'S LITERALLY JUST A GLORIFIED CRAWL SPACE. OKAY. THAT IT'S JUST TAKING ADVANTAGE OF THE SLOPE. NO, NO. IT'S FULL HEIGHT, ISN'T IT? YEAH. BUT WHATCHA ARE YOU SAYING IS THE 52 DOESN'T ON THE GROUND, IT'S LIKE A ONE STORY. PRETTY MUCH. IT'S LIKE ALAB CONCRETE ON TOP TO GET ALL THE EQUIPMENT ON TOP AND THEN KEEP THE BA THE WHOLE BASEMENT FOR STORAGE, IF THAT MAKES THE FOOTPRINT. DID YOU PUT THE DRAWING ON OF THE STRUCTURE? CAN I, I WAS GONNA REMIND THE BOARD. HOLD ON JUST A SECOND. THIS IS A PUBLIC HEARING PERIOD FOR PEOPLE TO STATE THEIR, THEIR COMMENTS ABOUT THE CASE. AND I MEAN, THIS IS KIND OF EVOLVING INTO MORE OF A, A DEBATE OR A BACK AND FORTH. REALLY, YOU SHOULD BE ADDRESSING THE BOARD AND THE CHAIR WITH QUE QUESTIONS AND WELL, THAT WAS MY CONCERN WAS THE SIZE OF THE STRUCTURE. BUT SINCE IT'S ON 10 ACRES THAT WE DON'T KNOW IF IT'S ALL BUILDABLE, UM, THAT IT'S A LARGE FOOTPRINT FOR ONE SIDE OF THE NEIGHBORHOOD TO LOOK AT IT SIX MONTHS OUT OF THE YEAR. AND, UM, ALSO THERE'S BEEN HEARSAY THAT THE HOMEOWNER HAS NO INTENT ON DOING AGRICULTURAL. AND WE'VE HAD SOME WRITTEN DOCUMENTATION TO THAT. AND I, AGAIN, JUST LEAVING, I JUST HAVE ONE ADMIN QUESTION, UM, ON YOUR DRAWING THERE THAT SHOWED THE, UH, THE, THE, THE, THE PLOT ON THE HILL WITH THE, THE PLOT, THE HOMEOWNER'S ASSOCIATION SURROUNDS THIS LOT, EXCEPT WE DIDN'T GET NOTIFIED. DO YOU HAVE TO HAVE A HOUSE TO GET NOTIFIED OR YOUR HOME, THE PROPERTY OWNERS GET NOTIFIED? MM-HMM. THE NOTICES GO TO A CER CERTAIN DISTANCE, UM, FROM THE PROPERTY. I DON'T WOULD, BUT IT, IT NOT, IT HAD TO GO, IT HAD TO GO THROUGH THE HOMEOWNER'S ASSOCIATION COMMON LAND TO GET TO THE OTHER PEOPLE. WE WOULDN'T GET. AND WE, I DON'T THINK WE WOULD HAVE COMMUNICATED WITH THE HOMEOWNER'S ASSOCIATION. WELL, NO, YOU DID NOT. AND I'M ASKING, I'M I'M ASKING HIM A QUESTION. THE HOMEOWNER'S ASSOCIATION WAS AWARE OF IT BECAUSE I RECEIVED AN EMAIL FROM SOMEONE ON THE HOA LAST FRIDAY. THEY GOT IT LAST FRIDAY. YEAH. WE'RE, YEAH. RIGHT. TWO WEEKS AGO. YEAH. WE, WE, I LEARNED ABOUT IT ON FACEBOOK ON WEDNESDAY. MM-HMM. THAT TODAY'S MONDAY WHAT'S A, SO THAT'S THAT, THAT'S I THINK I, WHAT I'M, WHAT I'M RECOMMENDING IS OKAY, WE CAN'T FIX YESTERDAY. UM, I THINK YOU, THAT MIGHT BE A CONSIDERATION FOR THOSE HOMEOWNERS ASSOCIATIONS TO BE NOTIFIED WHEN THEY ARE NOT ONLY ANNA ABUTTER, BUT THE ONLY, IN THIS CASE, NEARLY THE ONLY ACTUAL ABUTTER. THE OTHER CAUSES ARE QUITE CLOSE, BUT I THINK THERE'S PRETTY MUCH A, A RUBBER BAND AROUND THE WHOLE THING. UNDERSTOOD. SO, ALL RIGHT. THANK YOU. THANK YOU. THANK YOU. ANY OTHER COMMENTS, QUESTIONS? ALRIGHT, ANY QUESTIONS FROM THE BOARD? IS THERE A RECOMMENDATION? I HAVE A QUESTION. PLEASE STAND AND IF YOU'LL STATE YOUR NAME FOR ME. YES. THANK YOU. ROSEMARY GOLDSTEIN. 1 1 3 3 HOLLY TREE FARMS ROAD. UM, THIS MAY HAVE BEEN ADDRESSED, BUT I'M MOSTLY CONCERNED NOT ONLY ABOUT LOOKING AT THE STRUCTURE, WHICH IS RIGHT IN MY BACKYARD, BUT THE, THE EROSION. SO MAYBE YOU HAVE ADDRESSED THAT WITH THE HILLSIDE PLAN THAT YOU WERE TALKING ABOUT, BECAUSE I DON'T BELIEVE HOMEOWNERS, UH, INSURANCE TAKES CARE OF IF THERE'S A LANDSLIDE OR IF THERE'S ANYTHING EROSION COMING DOWN THE HILL. SO COULD YOU ADDRESS THAT? WE DID STATE THAT STORMWATER ISSUES WOULD BE CONSIDERED AT THE TIME THE BUILD AND THE, AT THE BUILDING PERMIT STAGE. AN ENGINEERED SITE PLAN IS REQUIRED AT THAT TIME. BUT THE BZA IS NOT CONSIDERING THE STORM WATER ISSUE. RIGHT. AS PART OF THIS REQUEST. RIGHT. OKAY. SO MAYBE I MISUNDERSTOOD, BUT HOW WILL WE BE NOTIFIED ABOUT THAT? OR WILL WE BE NOTIFIED ABOUT THAT? I DON'T THINK YOU WILL BE NOTIFIED IF THE BUILDING PERMIT IS GRANTED, NOT THE BUILDING PERMIT STAGE. THERE'S NO NOTICES THAT GO OUT OR ARE REQUIRED AT THAT STAGE. SO DID YOU SAY THAT WE CAN SEE THAT PLAN OR DID I MISS THAT? YEAH, NO, THE BUILDING PERMIT PLANS, WHEN THEY'RE SUBMITTED, THEY'RE, THEY'RE, YOU'RE ABLE TO VIEW THEM THROUGH A PUBLIC RECORDS REQUEST SO THAT THEY'RE AVAILABLE TO THE PUBLIC. SO WE CAN LOOK AT THEM. PUBLIC RECORDS REQUEST? YES. YEAH. WHEN THEY'RE, IT'S ALL PUBLIC INFORMATION. YEAH. OKAY. THEY'RE, THEY'RE AVAILABLE TO THE PUBLIC. SO I, WHAT I HEAR YOU SAYING IS [00:30:01] THAT YOU FEEL FAIRLY CONFIDENT THAT THERE'S NOT GONNA BE ANY EROSION ISSUES. AND, AND THERE ARE, THERE ARE NOT A LOT OF TREES IN THAT ONE SECTION, WHICH IS BY MY NEIGHBOR'S HOUSE. MINE HAS A LITTLE MORE TREES. THERE ARE NOT A LOT OF TREES. SO THAT'S A CONCERN. SO THAT I I WAS JUST SAYING IT'S GONNA BE REVIEWED BY OUR ENGINEERING DEPARTMENT, SO OKAY. AT THAT POINT TO MAKE SURE IT MEETS CITY CODES. SO I, I CAN'T SAY RIGHT NOW WHETHER IT HAS ANY EFFECTS OR NOT. THAT'S, IT JUST HAS TO MEET THE CITY CODES WHEN THEY FILE THEIR PERMIT FOR IT. OKAY. SO WHEN IT'S REVIEWED, WE'LL BE ABLE TO, TO, UM, SEE THAT AS A MATTER OF, YOU CAN SEE YEAH. THOSE PLANS ARE AVAILABLE TO THE PUBLIC. OKAY. ALRIGHT. THANK YOU. AND, AND I'LL SAY THIS BECAUSE IT'S TRANSITIONAL LOT, THERE WOULD BE ADDITIONAL ENGINEERING AND A AND THAT WILL GET LOOKED AT FOR THAT ISSUE ITSELF. WHAT DO YOU MEAN A TRANSITIONAL TRANSITION? SO WHEN THERE'S A SLOPE OF OVER, I THINK 15%. OKAY. IN THE CITY OF BRENTWOOD, UHHUH, , THERE'S ADDITIONAL ENGINEERING THAT NEEDS TO BE, UH, SUBMITTED. HOW WE'RE GONNA SUPPORT THAT. SORRY, ERIC. YEAH. BUT, BUT AGAIN, JUST JUST TO MAKE SURE WE UNDERSTAND, MUCH OF WHAT WE'VE BEEN TALKING ABOUT IS NOT IN THE B Z'S PURVIEW. CORRECT. I JUST WANNA EXPLAIN THAT PART TO NO, NO, NO, NO. BUT I JUST DON'T WANNA LEAVE THE IMPRESSION OF COURSE. RIGHT. THAT WE HAVE ANY, ANY INFLUENCE ON, ON ON MUCH OF WHAT WE'VE, IF, IF ANY, OF WHAT WE'VE BEEN TALKING ABOUT IT, IT'S OF INTEREST AND WE'RE GLAD YOU, YOU'RE, YOU HAVE A FORUM TO THAT YOU CAN TALK TO STAFF, BUT WHAT HOU WHAT HOUSE IS YOURS? 1 1 3 3 H WHICH LOT? IT'S RIGHT ON THE, UH, LET'S SEE, WHERE IS IT? I'M SURE JUST, UM, ONE, ONE TOP. OH YEAH. TOP TO A LITTLE BIT LEFT. ALRIGHT. STRAIGHT OUT FROM MY FACE. THANK YOU. ONE ONE. THREE. THREE. SO WE'RE RIGHT. SO ALL THAT GREEN IS TREES, CORRECT? I'M SORRY. CORRECT THERE. TREES, OPEN SPACE. THERE ARE SOME TREES IN THE HILL. GOTCHA. THERE ARE SOME, THERE'S TREES. IT'S A COMMON AREA. THE MINIMUM DISTANCE IS 150 FEET. THIS IS OVER 250 FEET. I BELIEVE. THERE'S NO STRUCTURE CLOSER THAN 300 FEET FROM THE PLANNED BUILDING. OKAY. THANK YOU. I AM CONCERNED. I WAS JUST CONCERNED. THANK YOU. THANK YOU. I, ANY OTHER QUESTIONS ABOUT THE PROJECT? YEAH, I JUST HAVE ONE MORE QUESTION. UM, I ALREADY STATED WHO I AM. 1 1 3 6 HOLLY TREE FARMS. I'M THE ONE WITH THE STORM DRAIN THAT ALL THE DEBRIS JENNIFER GETS DEBRIS. THANK YOU. ALL THE DEBRIS IS COMING THROUGH. WILL THAT BE EVENTUALLY ADDRESSED? THAT'S WHO DO I TALK TO ABOUT THAT? THAT THAT'S PART OF THE BUILDING PERMIT THAT WOULD BE ISSUED. CAN I MAKE A, CAN I YEAH, GO AHEAD. I ACTUALLY HAVE PERSONAL EXPERIENCE WITH THIS. OKAY. I HAD AN ISSUE WITH WATER RUNOFF OF THE HOUSE BEING BUILT ABOVE ME. YEAH. I WAS BELOW THEM. YEAH. IT WAS COMING THROUGH MY FRONT YARD. I CALLED THE BUILDER. YEAH. DIDN'T GET WHAT I WANTED FROM THEM. EVENTUALLY THEY WERE TRYING TO FIX IT. THEY WERE PLAYING BANDAID APPROACH. I CALLED THE CITY, A CITY ENGINEER, CAME OUT, LOOKED AT IT, SAID, YES, YOU HAVE AN ISSUE. TALKED TO THE BUILDER, THEY FIXED IT. AND NOW THE WATER GETS OUT IN MY CUL-DE-SAC. GOOD. 'CAUSE DO YOU WANT TO DEAL WITH DIRECTLY FIRST? HOPEFULLY THEY'LL BE GREAT ABOUT IT. IF NOT, YOU WANT TO GO TO THE CITY AND NO, THAT'S GREAT. DON'T SEND OUT AN ENGINEER. THAT'S PERFECT. THANK YOU. THANK YOU. APPRECIATE IT. ALRIGHT, ANY OTHER COMMENTS? ANY QUESTIONS FROM THE BOARD? IF NOT, IS THERE A MOTION TO APPROVE? I'D LIKE TO MAKE A COMMENT FIRST IF WE CAN. OKAY. I JUST WANNA NOTE THAT, UH, I LIVE IN A SIMILAR SITUATION TO THOSE THAT ARE AT THE BOTTOM. UM, MY HOME IS OVER THE HILL FROM YOU IN THE BRENTWOOD SOUTH NEIGHBORHOOD, LIVE DOWN IN THE VALLEY. AND THEN UP THE HILL IS ANOTHER STREET WITH HOUSES RIGHT THERE. I GOTTA TELL YOU, THEY'RE, WE'RE CLOSER THAN YOUR, ANY OF YOU ARE GONNA BE TO THESE STRUCTURES. WE'RE PROBABLY 200 FEET, UM, FROM, FROM THE BACK OF THEM. AND WE BARELY SEE IN THE WINTERTIME. MAYBE, UH, A LIGHT ON THE CORNER OF THEIR BUILDING AND, AND MAYBE A LITTLE BIT. THERE'S REALLY NOT MUCH TO SEE. OF COURSE, THAT'S MY SITUATION WHERE I AM. BUT GONNA SAY IF YOU'RE THREE, 400 FEET AWAY, I I REALLY DOUBT THAT YOU'RE GONNA SEE THIS MUCH IN THE WINTERTIME BASED ON MY EXPERIENCE. OKAY. IS THERE, BEFORE WE, BEFORE WE APPROVE ANYTHING, CAN I GET A CLEAR STATEMENT OF WHAT WE'RE APPROVING BECAUSE WE'RE, WE'RE NOT APPROVING MUCH OF WHAT WE'VE TALKED ABOUT TONIGHT. WE, WE, WE DON'T HAVE THE JURISDICTION TO APPROVE THAT. WE WOULD UNDERSTAND, UH, WE ARE APPROVING WHAT ALLISON READ AND WHAT WE HAVE DOCUMENTED BEFORE US ON THIS, THE WAY THAT THAT IS DOCUMENTED TO US FOR APPROVAL. OKAY. UM, I I, I I JUST WANTED IT ON THE VERBAL RECORD THAT THAT'S WHAT WE'RE APPROVING. WE WE'RE NOT ANYTHING, ANYTHING BEYOND THAT. AND THAT'S WHAT ALLISON READ. OKAY. GOOD. TO AT THE START OF THIS. THAT'S FINE. UH, REQUEST. DOES THAT MAKE SENSE TO YOU, ALLISON? YES. OKAY. IF YOU'RE APPROVING IT BASED ON STAFF RECOMMENDATION. YES. OKAY. SO WAS THERE, WAS THERE A MOTION TO APPROVE? WE DIDN'T, I, I WOULD MOVE TO APPROVE AS PRESENTED. IS THERE A SECOND? SECOND. THANK YOU. ANY QUESTIONS? ALL IN FAVOR OF APPROVAL, SAY AYE. AYE. AYE. ALL OPPOSED. THANK YOU. [00:35:10] THE [2. BZA2404-003 Accessory Structure Request - Belle Rive Subdivision, Lot 11, 508 Martingale Court, Zoning R-2 - Applicant: Sasha Dahlgren] SECOND ITEM ON TONIGHT'S AGENDA IS BZA 2 4 0 4 0 0 3. ACCESSORY STRUCTURE REQUEST BELL REEF SUBDIVISION LOT 11. EXCUSE ME. IF, IF, IF YOU COULD GO AHEAD AND EXIT. IF YOU'RE GOING TO EXIT, I WOULD APPRECIATE IT. THANK YOU. WHATEVER WE CAN DO. I, I'LL START AGAIN. ALLISON. UH, THE SECOND ITEM IS BZA 2 4 0 4 DASH 0 0 3 ACCESSORY STRUCTURE REQUEST BELL RE SUBDIVISION LOT 11 AT FIVE OH L 5 0 8 MARTIN GALE COURT ZONING. R TWO ALLISON. THANK YOU. UH, SASHA DRAN REQUESTS APPROVAL OF A 415 SQUARE FOOT DETACHED, UH, BUILDING TO BE CONSTRUCTED IN THEIR REAR BUILDABLE AREA OF THE LOT. THE STRUCTURE WILL BE CONSTRUCTED A VINTAGE WINDOWS AND PLASTIC CORRUGATED ROOFING AND USED AS A GREENHOUSE. IT'LL BE APPROXIMATELY 15 FEET TALL. THE BOARD OF ZONING APPEALS MAY WAIVE THE REQUIREMENT THAT EXTERIOR MATERIALS AND ROOF PITCH BE COMPATIBLE WITH THE PRINCIPAL STRUCTURE. IF IT SHOULD BE DETERMINED THAT THE NEIGHBORING PROPERTIES AND THE SURROUNDING NEIGHBORHOOD IN GENERAL WILL NOT BE HARMED, IT IS THE INTENT OF THE ZONING CODE FOR ACCESSORY STRUCTURES TO BE UNOBTRUSIVE, NOT COMPETE VISUALLY WITH THE PRINCIPAL STRUCTURE OR DETRACT FROM THE CHARACTER OF THE SURROUNDING NEIGHBORHOOD. THERE IS AN EXISTING PERGOLA THAT EXEMPT FROM THE NUMBER OF ALLOWED ACCESSORY STRUCTURES SINCE IT IS A FIXED OPEN ROOF STRUCTURE, LOTS LESS, THAT ARE LESS THAN THREE ACRES IN SIZE ARE ONLY ALLOWED ONE ACCESSORY STRUCTURE. THERE ARE FOUR CONDITIONS OF APPROVAL AND STAFF RECOMMENDS APPROVAL OF THE DETACHED STRUCTURE SUBJECT TO ALL BUILDING CODES AND STAFF NOTES. OKAY. THANK YOU. ALLISON. ARE, ARE YOU HERE REPRESENTING THE PROJECT? IF YOU COULD STATE YOUR NAME WHEN YOU COME TO THE MICROPHONE. SASHA DAHLGREN. IS THERE ANYTHING, SASHA, THAT YOU WANT TO, UH, ADD TO WHAT'S BEEN PRESENTED SO FAR? UH, NO. BUT I SUPPOSE AFTER I HEAR THE FOUR CONDITIONS I MIGHT HAVE SOMETHING TO ADD. OKAY. ALLISON, HAVE YOU RECEIVED ANY FEEDBACK ON THIS REQUEST TO THE BZA? I HAVE NOT HAD ANY OPPOSITION, BUT SASHA HAS, UM, REACHED OUT TO OUR NEIGHBORS AND THEY, UM, ARE IN FAVOR OF THIS PROPOSAL. OKAY. I'M GONNA TO YOU . OKAY. UH, ANY QUESTIONS FOR SASHA? THANK YOU FOR THE DRAWINGS, BY THE WAY. NO, . THANK YOU. MY HUSBAND HAD TO GET PEOPLE AT WORK TO DO THAT 'CAUSE WE DIDN'T HAVE AN ARCHITECT, SO. UNDERSTOOD. UH, HEARING NONE. IS THERE A MOTION TO APPROVE? I, I WOULD. OH, DID YOU HAVE ANY QUESTIONS OF HER? I, I WOULD ACTUALLY, BECAUSE OF OUR REQUIREMENT, BECAUSE OF THE MATERIAL TYPE, WE HAVE TO DETERMINE THAT NEIGHBORS AREN'T IMPACTED. SO I WOULD ACTUALLY LOVE TO HEAR FROM THE NEIGHBORS SPECIFICALLY ON RECORD STATING THAT SO WE CAN OFFICIALLY WAIVE THAT REQUIREMENT. OKAY. IF, IF ONE IS WILLING TO COME SPEAK, THAT IS YEAH, WE'LL DO THAT. DO YOU COULD, DO YOU HAVE THE PICTURE, UH, OF THE BACK DOOR THAT I SENT TODAY? YES. IT'S THE LAST ONE BEFORE YOU DO THAT. CAN, CAN, CAN I SEE THE ONE WITH THE LOT IN THE CUL-DE-SAC? WHAT'S BEHIND IT REAL QUICK? IS THAT POSSIBLE? WELL, YEAH, IT, I YOU, YEAH, I GOT IT. YOU'RE FINE. YOU DON'T HAVE TO POINT ON ANYTHING. I JUST WANNA SEE THAT. THANK YOU. SO THAT GETS MOWED BY YOU GUYS. UM, AND THEN THERE IS THAT WHOLE ENTIRE BACK PATCH OF TREES. SO I ACTUALLY DON'T SEE ANYBODY IN FOXBOROUGH. UM, THE ONLY PERSON THAT IS ACTUALLY LIKE VISIBLE WOULD BE GRANNY WHITE. IS THAT THE PERLA IN THE BACK DEEP CORNER? UH, NO. IT IT'S ALL IN THE SAME AREA. WHAT'S THE STRUCTURE IT IS, RIGHT? THAT'S THE PERLA, CORRECT? YEAH. YEAH, YEAH. ALL THANK YOU. YEAH. ALL RIGHT. THANK YOU. SO JUST ONCE THAT'S WHERE THE GREENHOUSE WOULD GO AS WELL. IF YOU WOULD STATE YOUR NAME, SIR. MY NAME IS JIM LESH AND I LIVE AT 6 0 1 5 MARTINGALE LANE, WHICH IS UH, RIGHT, I SEE IT RIGHT AT TOP LEFT. WE SEE THAT? YEAH, RIGHT HERE. YEP. AFTER I, AFTER I GOT THE LETTER IN THE MAIL, I, UH, I WENT OVER AND TALKED TO, UH, UH, SASHA AND ALEX. I HAD ABOUT FOUR OR FIVE QUESTIONS SPECIFIC TO THE STRUCTURE AND SO ON. UH, THEY, THEY ANSWERED ALL MY QUESTIONS AND I WAS VERY SATISFIED WITH, UH, WITH THEIR RESPONSES. THANK YOU. THANK YOU. IF YOU STATE YOUR NAME. MARK MCCOY. 5 0 7. MARK GAIL, RIGHT BESIDE HIM. OKAY. I DON'T HAVE ANY PROBLEM. THEY, THEY BOUGHT THIS HOUSE TWO OR THREE YEARS AGO. THEY SPENT, THEY, THEY UPGRADED THE NEIGHBORHOOD. ANYTHING [00:40:01] DO IS QUALITY. MY WIFE ACTUALLY WENT THROUGH THE KITCHEN TODAY AND THEN SHE CAME HOME, SAID WE NEED A NEW KITCHEN. I SAID ANYWAY BEFORE, AND I HAVEN'T HEARD ANY COMPLAINTS. THANK YOU VERY MUCH. THANK YOU BOTH. THANK YOU SO MUCH. SO I JUST, JUST WANTED, I JUST WANTED TO STATE THAT, YOU KNOW, WE SHALL REQUIRE THAT THE BUILDING MATERIALS BE THE SAME AS UN UNLESS WE CAN DETERMINE THAT THE NEIGHBORHOOD'S NOT IMPACTED. AND I WOULD SAY BASED ON THAT TESTIMONY, THAT THE NEIGHBORHOOD'S NOT IMPACTED AND WE DON'T HAVE ANY OTHER OPPOSITION. OKAY. ANY OTHER QUESTIONS FOR SASHA? I JUST HAD A QUICK QUESTION. UH, SASHA, YOU MENTIONED SOMETHING RIGHT HERE AT THE BEGINNING ABOUT CONDITIONS OF APPROVAL. YOU WANTED TO MAKE A CHANGE OR SOMETHING. OH NO, I WAS JUST SAYING FOR, I MIGHT HAVE OTHER THINGS TO ADD TO THIS. IF SHE SAID THERE WERE FOUR THINGS THAT YOU GUYS WERE GOING TO REQUIRE. SO IF THOSE THINGS PROMPTED ME TO TELL YOU MORE THINGS OR ANSWER QUESTIONS FOR YOU, THEN I, I DON'T KNOW. I WAS JUST SOMEWHERE. YOU CAN'T USE IT AS A LIVING OR SLEEPING QUARTERS. NO, NO, ABSOLUTELY NOT. UH, YOU CAN'T, UH, USE IT FOR COMMERCIAL PURPOSES. NO. UH, COMPLETE PLANS WILL BE SUBMITTED FOR PERMIT APPROVAL AND ANY CHANGES IF YOU HAPPEN TO CHANGE ANYTHING. MM-HMM. BETWEEN NOW AND THE TIME YOU GET THAT, YOU HAVE TO COME BACK HERE. OKAY. AND GET IT REAPPROVED. OKAY. SO NO. MM-HMM? . YEAH. . THANK YOU. GOOD ENOUGH. THANK YOU. THANK YOU SO MUCH. OKAY. THANK YOU. ANY OTHER QUESTIONS OR COMMENTS? JUST TO CLARIFY ON THE WAIVER OF THE MATERIALS, WAS THAT INCLUDED IN THE READING OR DO WE HAVE TO DO THAT SEPARATELY BEFORE WE TRY TO APPROVE OR DISPROVE OF THE ACTUAL STRIKE? I THINK IT'S JUST A DETERMINATION ON OUR PART. AND I DO WE HAVE TO VERBALIZE THAT RIGHT NOW? IS IT ALREADY BEEN? I THINK WE BASICALLY DID IT. I THINK WE DID TOO. IT'S IN THE RIGHT. IT'S IN THE RIGHT. THANK. SORRY ABOUT THAT. THANK YOU. THAT'S GOOD. OKAY. IS THERE A MOTION TO APPROVE? I SOUND THE I SECOND AND SECOND. ANY QUESTIONS? ALL IN FAVOR OF APPROVAL? SAY AYE. AYE. AYE. ALL OPPOSED? ALRIGHT, THANK YOU. ALLISON, DO YOU HAVE ANYTHING FOR US? UM, I DO NOT, BUT WE WILL BE HAVING A JUNE MEETING IS JUNE? YES. JUNE 6TH. JUNE 2ND. THANK YOU. WE ALRIGHT. THANK YOU. IS THERE A THANK YOU. IS THERE A MOTION TO ADJOURN? I MOVE TO ADJOURN. AND A SECOND. SECOND. ALL IN FAVOR SAY AYE. AYE. AYE. THANK YOU. THANK YOU GUYS. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.