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Zoning Board Meeting

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Welcome to the Dunning Board of Adjustment Public Hearing meeting of May 2026.
The first hearing application is ZBA case 2026-04.
It's a variance request from the definition of manufactured housing and set forth in our two definitions in Section 133-3.
Before we get going, the applicant has been advised that we have
have a four-member board here instead of a five-member board, and he has decided to go forward
with both of his requests that are on the agenda today with a four-member board.
So I will turn it over to the applicant.
Okay, I'm hoping to win the support of all of you.
And the first, on the first case on the variance application, unfortunately last year,
we had one trailer there that was burned out by the test.
by the tenant who cooked breakfast and went to sleep.
And then they always, at a time,
was trying to rebuild it in the damage,
but then I decided that maybe it's time to get a new one instead
of building from an old manufacturer home.
So an easy solution would be to get a mobile home to replace it
on the same spot.
But then I have communicating with both the building
Hoping is also physical lives on the same footprint size
small cottage there, appearance of the neighborhood.
Why you couldn't just put a mobile home back
in the same position as to where the burnt-out mobile home was?
It would be, I could technically make it happen,
and also now mobile homes,
to put another mobile homes, nobody viewed that size mobile home anymore.
I would have a special view and also the turn-up
allow spaces there, it would be difficult to bring the mobile home in.
When they build it, they build from one by one, you know, when they set up this part.
But now this is number of children, number six.
To actually put that mobile home in there, there is, there will be a technical
difficulties there to make it happen.
Even say, bring it up there.
We actually, I did sort of talk to several manufacturer, home builders,
and to get identical size, none of them insist.
They would have to specialty view too, especially, which actually could be able to.
which actually could be quite...
So the course, if I want to do to make a special view manufacturer home,
the cost would be about the same as I do on the spot.
The cost of what?
It would be the same as I would build a cottage home there.
Because they had the special view are even more expensive.
They can sell it the works on the lock, but which will not be on the same footprint.
Those identical sizes in a manufacturer home,
I did do...
I talked to some of them, and they said they would be able to be...
They said there would be a special view as well.
All right, so you could do it with a special order,
but it would cause as much as a stick.
No more, so.
We don't have a proposal to them.
Nobody wants to do it.
They said we can do it, but it would be more expensive.
You want to put forward on this application?
In terms of, I have, I can show you what they are available from all those models.
None of...
Almost all of them are bigger than this one.
this one that's there now.
Almost every single one there.
It would be, I would have to ask for a bigger variance application
that we change the size.
If I have bite it from the manufacturer on the lock
or whatever in their inventories that they produce.
I can show you, I mean, you can show,
I can bring out those properties in the websites.
All of them are bigger than what are there now.
Have you tried looking into Camelot homes,
that's until then?
Yeah.
I talked to some, I told some of the salespersons, I talked over the phone, and all of them, they say they don't have this,
like, this, like, 4 and G, some square to side.
Right.
I just put an accessory dwelling unit on my home, and Camelot can accommodate what you want.
And nothing is standard.
They, you can make it smaller.
So I was told when I researched it just recently within the last nine months.
Nine months.
They actually, one of the services person can be, they had to use a crane too.
That's all mobile homes.
They're going to use a crane.
Yeah.
You can't get it in any other way.
A crane is the way they put on the foundation or the slab.
So my aid is, for what the outcome would be,
and I strongly prefer, you know, to have a cottage home,
a state bill on the foundation there.
What is a cottage home?
What is a cottage home?
It would be the same size.
What I, in the design is that I, my original friend was to put a lock-home there.
It would be really pretty.
But then with the small size, the loch-homes,
and would be the interior of small, really much smaller.
So what I wanted to do is the front for K, it's going to be,
like a log-home, looks like a lot-home,
but then the side would be, the other three sides,
would be two by six with vinyl science.
But the front phase is going to be.
And then, so, actually, can I just back up for a second?
The whole park there, is that traditional mobile home park
where people pay rent for that?
No, and I don't know quite a history of that.
We own the entire law.
It's not going to no longer consider as a mobile park.
We own everything.
mobile home there, there's no like land lease or anything.
We own the entire seven, the first one looks like almost
like a stationary tool, it's sitting on the, it's not on the,
not on the charter, the other seven of them, more like child.
The first one is sitting on the footprint, on foundation,
the foundation.
And the, we own the whole thing there.
It's not, it's not like, we're not painted, probably
every single one as the individual.
a trailer, like a traditional child park. It's not like that.
So I don't know what it's to call it a charter park. It's not a channel park.
So you own all of them and then you rent them out as residences.
Individual like apartments, yes.
But it is a grandfathered use as a manufactured housing
facility because that particular use is not allowed in that zone,
post-zoning.
Yes, I understand that.
So you are asking for a variant
from a grandfather of use?
On the same footprint, of the same footprint of the same size,
of a home. So a lot of them being a manufacturer home
would build on a spot with a foundation.
It's going to be better in terms of the house maintenance,
in terms of quality, in terms of appearance as well,
in terms of comfort for the tenant who's going to live there, a manufacturer home.
So could you walk me through the, like, does it get built?
Like, is there a slab?
So we're going to put a slab foundation, but we build, like,
the manufacturer home, I think, is simple slab foundation,
same concrete.
Is there a pad there now?
No.
In order to put a new, if I want to put a cherole home,
then I would put a concrete pad, a simple pad there.
So to put a manufacture of them, I think I need to put a select foundation there.
Or not put a, to build a steep build.
So we'll have a slab foundation.
So the foundation is going to be better, too.
And then, is that a good water?
Yes.
And now, so we depressed, we have an issue with the water.
We have an issue with the water light that happened two years ago,
so we just rebuild the new water light into every single unit.
So then what makes this on a slab,
I know I've got to see that you wrote quite a bit in here about the,
you know, the freezing pipes.
What makes that so that the water?
The water now is we have new water like into every single unit.
So, and then the water is fine because it did under the frozen,
Fries and Nile.
There is this SLEF foundation there.
Actually, it's sort of foundation would be like a normal SLEF foundation.
Under 4 feet.
My intention is...
Do you do that also with a modular home?
Modular home?
All right.
Yes.
Yeah, you can do that, but it's not required.
So I think module home only require a company.
If you want to finish your, I just want to put something on the record,
regarding the taxes.
If the mobile homes are owned by the unit owners,
but they don't...
own the land, then each individual mobile home.
It's not unit owners owned or member owned,
like he owns the whole land.
That's why it's taxed.
And that's the...
So your desire to do this is for cost?
It's...
I mean, honestly,
cause is, I think the end of the cost would be about the same.
And it's many to make it better,
to make it better, to improve their whole neighborhood there.
Like, the most,
over home have a gather experience that, you know,
a cottage home with appearance,
we look much better, just from the outside appearance.
And I...
Have you got any pictures of what it would look like?
I think it's in the education,
I think I sent it to hand, some of,
not in the official education.
How old was the unit that was there for the Herm?
It was, uh, is the standard children home?
And the, uh, the 105, okay.
Yeah.
And the...
What was your question?
I was wondering how all the unit was that was there to burn down.
The tax card said 75, right?
Yeah.
And what was, what is the dimensions?
On the, there's one thing that, on the, on the,
on the pro plan, it says this is 10 by 48,
but every single unit is the same width.
I think every measure is 12 by 48.
12 by 48.
It's just in one.
was $12 by $48.
So when you were pricing out other modular things,
you were pricing out 12 by 48?
They don't have 12 by 48.
None of them have the assistant lock has those.
So I would have to go in there, they would have to build it for me.
If I were to, if I'm only allowed to put the identical size on it,
then I would have to go to the many-fetched home
and ask them to build one for me.
Because on their lock, they don't have.
None of them has the same size.
I'll, all one.
those units are in the setbacks.
That's why they have to be, they can't be, the footprint can't be any bigger.
Okay.
So if it were easier for me to build, I then,
on the same footprints from the initial building permit application
that was denied by a car sign.
All right, thank you.
And you're saying that the tax card, which says that this is only 10 feet wide,
is inaccurate?
I would say so, yeah, because every single one is the same size I measured to
measure.
It's usually measured including the hitch.
When there's a hitch on the mobile home,
you know, when they deliver it.
The hitch is also counted as the length of the mobile home.
Yeah.
So I actually measure the exterior from one point to the other point.
So if I want to build, I would put the same as the neighbor one size.
I think that would be appropriate, even though the casca says 10,
if we get seated to put a 10 next.
Oh, maybe it's interior.
I don't know.
It may be interior.
that would be more closer to that.
But I would actually measure sort of the air is the same side to the neighborhood.
I have no problem to do that.
Well, I don't think it matters what the other mobile homes may or may not be.
It matters what this one was.
It was.
It was the same size, yes.
The tax card is just concerning.
The other ones could be more than also.
Yes.
Yeah.
You say so, yeah.
The other concern is your concern, concerning the water freezing up.
If it's in some.
correctly it will out for you.
Yes.
We try our best, we put heat taps there.
And like this year, with mobile home is prone to frozen pipes.
Yeah, you can, you can do it.
You can do a better job to prevent it.
And on each, I mean, whenever this has this happened,
we just ask them tenders to run the drip the water
on very cold days.
We have quite a lot of, I mean,
I mean, we didn't install them.
We adjust the problem by putting the tap
that put the insulations there.
And it's still, honestly,
but this is one of the issues I wanted to adjust
and the frozen pipe, almost slip on the
foundation, I would say frozen type pipe,
we probably never have any.
Why, with them being 12 wide
by
48 or
plus the hitch.
Yes.
Yeah.
As it freezes up and it's broken loose many different ways,
you get it running again and to repair it and so on.
You should never have to go back the second time.
It should be done right the first time.
Yeah, I mean, what we, some of them would do is that we view like a box,
like underneath that, underneath the, between the space.
the space, the box are two by two boxes, I put insulation there.
It's still, I mean, not perfect.
On very cold day, it's still free, and I still remind tennis
to let the water run a little on very cold days.
I sent it to text to everybody, please keep water running tonight,
let it jibble it out.
And it still happened very free.
I mean, because you're exposed to the outside.
You're, even with the skull,
the skull is not insulated.
And, you know, it's insulated.
supposed to outside, you know, two by two boxes there.
I mean, it helps, but it's still happening very frequent.
So we have maintained school there 24-7 for our properties
and then frozen pipe is still headed.
I've repaired many of them.
Yeah.
Oh, yeah.
And...
Including in the land, with my client water from you, we still have frozen pipes that happened.
Breaks and you repaired the first time.
I never have.
have to go back because it's done right and it tells you exactly where the problem is, it's
yeah.
Yeah, it is.
It is getting better, but on a very cold day, which happened, you know,
what, you know, I was every single year, we still have,
have some there.
And then sometimes the tenant on proper heat taps,
for whatever reason, so maybe they think is changing too much electricity
and they unplug it then, and then forgot it back on winter days.
So going back to this, and now I got to see the building here, this is not made to be set on this, on this slab that you're going to be put there, it would be built on the slab?
Yeah, we're going to build steep build, put a slab foundation and then, and then put the, you know, steep view with two by six frames.
All right, so there's no, there's absolutely no mobile part of this.
No, no menu.
So we don't intend to.
to put another houses and sit on it. My intention is to be a steep view.
But those homes can be placed on a slab. A manufactured home versus a mobile home.
They're called manufactured homes. That's the legal, technical name for it. A mobile home is something you see pulling down the street.
They're placed on a regular slab. And the only way, you know, you see pulling down the street, they're placed on a regular slab.
And the only way you can unsecure them is with the crane lifting them up.
Okay. Would this be able to be done?
Yeah, it could be on a slab. It could be on a full foundation if you wanted to.
You can put it, you can place it on either or. I mean, people usually don't do a full basement,
because obviously it's, you know, not cost effective when you're buying a manufacturer at home.
But they can be placed on slaps.
And actually, they are placed.
Most parks have them on slabs versus what used to be called a pad.
Okay.
The slabs are required by the state.
Yeah.
Yeah, not a pad anymore.
You can't put it on a path.
And they're...
You can do it so that you can tie it down.
Right, exactly.
And they're taxed as, you know, a home, a permanent home.
Yes.
Additional questions?
I see only one member in the audience.
and I believe you're here for another matter, but just to be sure,
is there anyone in the audience who wishes to address this application?
Okay.
Mr. Ched, is there anything further you would like to add
before we break out of public session and go on to private deliberations?
I guess I tell you what I...
Then we will close public discussion here,
and we will begin our own private discussions.
in public about the application and what people think in terms of whether or not it meets the variance test.
I think that another mobile home can be put on this lab and I think it's without much trouble.
At least that's knowledge I have.
And I do currently represent two different parks.
And if someone has something happened to one, similar to this in Goffstown, then they're just going to do a new mobile home and put it.
on the slab. So at least that's my knowledge is, and it's my knowledge also that at least,
you know, I know personally from Camelot, that they can make it what you want for the whip.
So in other words, it could be exactly as what had been there in the past.
That's at least what I have been told. You know, they have to build a new one, you know,
but they do just like if you bought a module, they're going to build it. They're going to build it.
to suit your needs.
It's about the change from it being what I think of as mobile home to being a stick-built home.
And does that change?
The code is, the building code's the same, whether it's stick-built or manufactured.
The difficulty is that this is a grandfathered, manufactured housing park.
And the definition of manufacturing.
manufactured housing specifically excludes pre-site-built housing.
And that's in the definition of manufactured housing, which is right at the very beginning of the code.
So I'm not seeing how we get around the grandfathered use, especially when the grandfather use could be satisfied at about the same cost
as a stick-built home because that's not what this lot consists of.
And as I understand it from when we were here in the last application,
there could not be nine stick-built homes on this property.
And yet there are nine mobile homes or manufactured homes or manufactured homes that are grandfathered.
But that could not be done today.
And if we allow one of them to be converted,
it to a stick-built home, then I'm not sure what the difference would be the next time,
and now we're going to end up with nine stick-filled homes on a very small piece of real estate.
It's kind of a dense use for that law.
That's where my confusion, you've said it better than me, but that's where I'm confused about it.
I agree with Doreen that it says that bad precedents that we, the laws for a mobile home,
And we're number two, number three things, you know, the annual list that it does, I like that.
And had a lot of problems because being involved with a mobile home for years and years.
I have a lot of difficulties with this.
Well, the water freezing one too, I have experience with a building that is above ground with a building that is above ground with the skirting and
all that with no issues.
And I also have a problem that as far as granting the variance in the past, and I'm pretty sure case law backs that up, is that cost,
is that cost can't be an overriding factor for it, because obviously, you know, we've got zoning for a reason.
And if your lot too small to put a bigger house on it, we wouldn't grant a variance for that, vice versa.
So, I mean, as far as cost goes, realistically, it's too bad, but if you just look at the zoning, that really can't be a reason for a variance.
But there's no reason that a mobile home could not be replaced and put right there.
In my opinion.
Correct.
Okay.
Well, yes, Mr. Chen does not have to come to us to replace what was burned down.
He can put exactly what was there again without coming to the zone.
Well, I think from one.
what I'm hearing sort of in a straw hole here is that folks don't, don't, are generally
thinking that the variance test has not been met. I would like to go through each of the
requirements with regard to the test. The first requirement is that granting the variance would
not be contrary to the public interest. I have a vote on what people think about that.
I don't know which one I don't know which one to say.
Oh, because of the double negatives in the application.
That again, please.
Sure.
I'm going to change it so that we know which way we're voting on it.
Would granting the variance be contrary to the public interest?
Yes.
And can somebody explain for the record why they believe that granting it would be contrary to the public interest?
Well, I think the public interest is
to have those structures of mobile homes on that small piece of land.
And I, if I was a neighbor, not in that park, but I think it's against the public interest,
like you said, to have nine stick-built houses more.
And I think the zoning is clear, and it was grandfather to begin with.
So what's going to stop another resident with a grandfather use who had them before?
for in front of the bullet, you know, coming again and asking for another exception.
The second element for a variance is to describe whether the spirit of the ordinance would be observed by granting the variance.
The spirit of the ordinance would be observed by granting it.
I agree.
Ron?
I agree.
And I'm going to sort of, this is very similar to the first one, but the thought being that the ordinance here is
is the grandfathered use which can be carried forward so there isn't a need to change the grandfathered use.
There is no reason to change the grandfathered use.
The third element of the test asks whether or not by granting the variance values of surrounding properties would be diminished.
I know if they would be diminished, but I don't think they would, I don't think it would be a positive thing.
I don't know if you had, you know, eight more than that would be a positive thing.
mobile homes on the property and then one stick-built one doesn't really go with the nature of how that piece of land is being used.
I don't think it would diminish it.
Yeah, I don't think we have enough information to know on that one.
T.C. I don't think we have the information to know.
No. No, but I have a question.
Suppose someone,
suppose he went out and bought a used mobile home to put in there.
Would it have to meet exactly the 48 by 12 size or could it be smaller or what?
I believe it can always be smaller.
What I believe is that you can't exceed the size.
And I can't tell you what the size is since there is a discrepancy here between what the applicant says the size is and what the text
as the size is. So that would be a matter, I suspect, the building inspector, not us.
It couldn't be wider than, let's say, was 12. It can't be, it can't be wider than 12.
If you brought in a 16-footer, you'd have to come here because all those units are in the setback,
and you can't replace it, you can't make it worse. So if you went from 12 to 16, that would be make it
worse, you need a variance. So it has to be 12 feet or less.
would be out there, would fit in with no problems or anything else.
The fourth element of a variance asks whether there are special conditions of the property
that distinguish it from other properties in the areas such that denial of the variance would result
in unnecessary hardship.
Deny the variance would be hardship.
I don't see any special conditions.
I don't either.
And that's the only thing in the application that was referenced was that this property is in a flood zone and there was a concern about frozen pipes that exists with respect to all of the mobile homes in that area.
And again, that doesn't change the way the zoning impacts this one particular.
I would then make a motion that because the five elements with respect to the variance
were not met by a majority vote, that the application be denied for the reasons that have been
discussed for deliberations. Do we have a second? Second.
All in favor? Sorry, Mr. Chen, but the variance does not pass.
No, it's okay. What is okay. Mr. Chen?
Mr. Chen, you were
up again. This time with regard to, as I understand it, a request, it's been
filed application, but as I understand it, what you're really asking the board to do is
reverse what we did in 2017. I will let you speak to that just so that everyone is aware.
Back in 2017, Mr. Chen came to the board and requested relief so that he could turn what
had been a laundromat into an additional housing unit, and he went through the special exception
test, and the zoning board back in 2017 agreed to grant him a special exception for a non-conforming
use. However, it was contingent upon two diagonal striped parking spaces.
And Mr. Chen, as I understand it, wants to change the zoning
board's decision from November 2017, and I will just start by saying that I don't believe
this board has that authority. It's not a request for a special exception. It's a request
to change a decision from 2017. And I just don't see how this board changes another board's
decision. I will certainly open the floor to Mr. Chen, and we can all talk about it and see if
there, if somebody has a different thought on that. So, the floor is yours.
Okay. The critical, actually, for this request is because the, uh, the, uh, the, uh,
the, uh, buffalo was to smoker there. One is that when the board approved the two
diagonal, the actual at the time they were enables complaining about the cars getting in and out of
the parking spaces. It's very narrow, very income class, may or may not be able to. At the time,
also, uh, now I think the parking requirement, uh, uh, uh,
has changed that I could use an off-site parking spaces to meet the needs of data.
That I have been sufficient for all my tenants and also has been useful for the public to go to Azalean Park.
The space is there. It would be easier for me outside from the other side the building to meet those requirements.
So the original approval and it is continued to be approved and then it would be safer to move the parking space requirements for those apartments, for that particular apartment,
to the other side of the street and honestly it's better to be behind
a health pharmacy and to meet the requirements. A laundromat and then the
laundromat you converted into an apartment and then the park apartment had two
parking spaces? Yes, right there right are the two spaces, the diagonal spaces as
they were supposed to be? Yes, there and then the buffalo pole, the new tenant
running the restaurant there put a smoker there. He had one space is
you know, vertical, no diabolite.
And, um, it's, it's quite, it's, uh, it's, uh, it's, it's not very safe, honestly.
And, um, and I can tell the tenant, and ten have no objection,
that the tenant had been using the space behind pharmacy.
So my dumb question is,
there's two parking spaces there now for the apartment.
Actually, yeah, and the, uh, a back report, went ahead and then you put a smokers there.
The parking space is there.
actually, it actually really didn't.
But you're the landlord, yes?
Yeah, and he went and do that since he had an argument with him.
It's already happened, and he thinks he can do that.
And it's putting me in the very, uh,
unnecessarily a half spot there, and I went in to sit there.
So he basically not forced me to come here to 40, for the...
But you're the landlord.
Yeah.
So as a landlord, you could, like the parking spaces that were to go without apartment,
and you could,
and you can just tell the people that rented to go park someplace else, right?
Yeah, I could.
Yeah, I could.
All other buildings there, and I have told them in the past,
to, they, I mean, it's actually quite dangerous to use that parking space.
It's very narrow, it buried, and then I think the,
they often, you have a pickup chart, often sticking out of the white line there,
which is not allowed.
So it's not really a safe, very safe parking spaces, honestly.
And it would be much better for them to park
off the side, which is across the street.
Do you think the apartment is safe?
The apartment is safe.
For Matt was there, was the parking safe?
People may complain a lot.
Even for the laundry made, people, when they use the laundry,
people make complaints about the parking.
When I applied for the variance,
there was the biggest complaint is the parking.
So we basically solved the problem in a way.
You know, it came to me unnecessary because
and I didn't ask for it.
And he didn't ask for it and Chiro, I got an email for me and say,
you go to email from you and say that he needs to...
In a way, it's solved a lot of problems that are,
it's making that space safer for the residents,
for the people who drive past by,
because you don't have to cut it out,
and you don't...
If you're coming from, not from the man's street from the other side,
you may not see the people back it out.
We drive slowly, it's fine.
The intersection has a lot of car accidents.
Even made that space safer.
So I'm not object.
I'm not objecting it.
I want him to sit.
I have no problem.
My tenant.
have no problem to cut on the other side of the men's street.
But I honestly, the other side of the ministry,
of Maple Street is also a problem of parking there.
I actually told them to cut behalf of the pharmacy.
We have plenty of spaces there.
And then the town people use...
I understand it you're requesting us to change
17 decisions.
Not because of any change in circumstances,
other than your current tenant,
the restaurant wants to put a smoker where...
And I see the current low requirement
would allow us me to do that. I can, I'm making the request now, to help him out,
and making the request to change that requirement, move the parking requirement there for this apartment.
But if the applicant, if your request for us to change a decision from 2017 is denied,
the laundry man, the people living in the apartment house and the laundromat can continue to park there.
The parking lot, the parking positions are there.
You just, your tenant would have to move the smoker.
The smoker.
Because actually for the Buffalo, it will also, I mean, he can make it.
It's not, if it's the removal smoker, it's his chance of to sit there.
He's been good, he's been, I think he's been, so much been very good,
and I think he needs the smoker to, and there's really no room for him to put smoker somewhere else.
Well, no more room on that, on your piece of property, but the smoker can go anywhere.
Yeah, for the, for you, go anywhere, but not for his last.
Any further questions?
parking spaces are necessary for the apartments.
Two.
Two.
Yeah.
So you don't have any other parking other than those two parking spaces.
Not in that particular, not for, no, the space is right in front of,
that it's just enough for two.
You know, I know where the spaces are.
Yeah.
I have enough spaces to accommodate those two requirements of site.
Right.
Not with that.
The other side, he could, he could tell you on the other side, Maple Street side,
but maybe he could,
street, and I actually told them, always told them to park behind the pharmacy.
It's very safe.
No, I am just, my question is two parking spaces for those apartments.
If somebody had to park, if somebody lived in that apartment, they'd have to cross either Western Ave
and Main Street and 114.
Yeah, they could have had to park on the other side of the building,
and I actually had to park on the other side of the building, and I actually told them, which they all
prefer to park behind pharmacy, they need to call it.
pharmacy, they need to go across the street, but it hasn't been a program.
And that's, you know, that two parking space has never been an easy parking space to get in and out.
But, sir, don't you think there's a danger presented by having your tenants park behind the drug store and having to walk through the center of town?
I don't, I'm being over across the street, and this, I mean, that intersection is dangerous.
Whether it's my tenant or other people, it's the same risk.
So, yeah, you see it.
The risk would not exist.
if they didn't have to park outside?
No, I would say they are more prone to have accidents parking in front of the apartment.
If it was required, we put it there, and we set up to parking spaces for them,
and it's enough to set up to parking spaces.
And if they pick up chart, honestly, I think the, I got an email from Lyon and a few times,
and then the parking, they can say, why, it's in the white line, okay.
It's very border, it's very dangerous.
So, the, uh, so the, uh, so the,
end up, the warranty of the,
it's easy, the plenty of space there,
they don't need to, like, you know, sticking out,
and it's not safer, honestly.
But you, in your opinion, it would be safer to have a smoker there.
I would not say that.
I mean, I actually wanted to, uh,
lessons are difficult to survive.
So, and the, uh, and the, uh,
the smokers would,
most likely enhance my insurance, but the,
but I want him to sit now, you know, you're doing well.
That's different, okay.
In general, I don't, you ask,
I think the table, the front outside setting,
the, the outdoor settings there,
a smoker there will remove the outdoor sitting in the summer times.
So I think the outdoor sitting outside,
it's also crucial for this.
I think the setup is beautiful there.
I think to remove, to convert that.
This is his decision,
but the way he is doing that is fantastic.
And it's more than you make.
He's doing a great job in terms of making this spot,
beautiful, I would say now,
particularly in the evening with the light of them.
And I think in the summer time,
I think now this is the first time,
first summer is coming,
I think the others are really crucial portion.
...come for another special exception
to remove those two parking spaces
and put them on Western Avenue or wherever he wants to put them.
Well, that's sort of what he's doing,
but I don't, I raise this question with Mark,
because I don't think this is what a special exception typically is.
Once we issue a decision and it's not an appeal, it's a final decision.
And I don't know that you can go back and change the decision.
Do you do with special exception to a special exception?
Well.
You'd have to ask someone that knows only.
Yeah, I mean, it's...
In the law sense, so the law allows, you know,
At the time it was not allowed, if you say, you guys, I went to public space, at the time I got outside,
then by the law wasn't allowed, but now...
I mean, I'm just not sure procedurally if we can do it, but then beyond that,
in order for you to do this, you would have, we would have to have a deeded right drugstore property
that runs with that property because you might not always own it.
And if we're going to have off-site parking, it's got to have a property.
it's got to be a deeded right that's enforceable in perpetuity.
And we can't vote on this until we know what that deeded right looks like and that it's enforceable.
And the problem I have too is that if you read exactly how our decision in 2017 was put out,
it says that the said spaces shall not extend onto the adjoining Rush Road.
That's the only restriction.
two diagonally strike parking spaces and it shall not extend it to a Jordan Rush Road.
If an easement was granted for two parking spots that ran with the land recorded at the registry,
if I say the pharmacy to that property, then that would meet nowhere near Rush Road.
It would have to be a needed right, which we don't can.
We could also use the other side, the Maple Street side.
It doesn't matter.
You can't change your application mid-stream.
It doesn't kind of work that way.
It'd have to be some sort of legal grant drafted by a real estate attorney, given the right,
and would have to see, it would have to review it, or counsel would have to review it,
to see if in fact it still meets these requirements and not violate it.
And then the other, we say, okay, this is a great idea, but you're going to cross Main Street or Western Ave,
and then you're going to cross 114 to get your...
to get into your apartment.
I'm not feeling good about...
Right, but my answer to that is we're not here.
We're here to see if it would violate what the original decision was.
I think that's the only authority we have.
Oh, right.
I think Gigi is getting to, if we were to...
I know we had the right to amend a decision from 2017,
and then we get into the safety of it.
Exactly.
And I don't see how...
So, yeah.
Having two tenants come back and forth with their groceries and everything else is safe at all in that remote location.
But that's more to the merits of it and not the procedure.
That's right.
I'm saying if it met the legal requirements that that decision was,
which is two parking spaces, not required to see if it's...
Actually, you're actually on something.
Can you say that one more time?
Okay. If you look at what that 2017 decision was,
We added that it had to be two diagonally-striped parking spaces
and that they shall not extend onto Rush Road.
But we did not agree to remote parking.
No.
So it seems to me under this decision,
either the two diagonal spaces continue with that unit
or the laundromat is no longer a residential unit.
So procedurally, I don't know that we can give the release.
that Mr. Chen is requested, regardless of the merits of which I have some serious concerns
given forcing tenants to walk back and forth from the back of the drug store to the
location on Rush Road every time they go out. I suspect we're going to create more
parking issues because they're going to park closer downtown in the other store's
spots because they're not going to want to schlep their groceries through the center of town.
I think it's continue this and let Mark ask counsel what his opinion is as to what should be done.
We could do that.
You want to make a motion?
Yep. I make a motion to continue this hearing until Mark confers with counsel.
You got to table it to a date specific.
So it would be June.
Is someone going to reply to you that quickly?
Yeah.
We make it July?
No, I'm 17.
I can get, we won't take that long.
I believe the motion is to table this application until June 17th to allow the board to get a legal opinion about whether we even have the authority to address this.
And then once we know that, we can figure out whether we move on to the merits.
Do you want to discuss this deed?
We've talked about the deed issue, but I mean, if we can't do it, then it doesn't matter.
But I mean, I guess you need to understand that even if we can proceed to the merits of this,
as I understand it, the only way this board would agree to it is if you hired an attorney
and were willing to burden the pharmacy lot with an easement that runs with that property
so that if you ever sell it, whoever buys it buys it with the understanding that your tenants from,
from Rush Road get to park there.
Okay. Yeah, and to the second question there, I could most, I mean, most of that I use the 15
Western Avenue, which has bigger parking spaces. So I can, I, if I would, what it would use
spaces. So that's different than what you have requested in your application, but regardless of where
that all goes, you understand that even if we procedurally have the ability and if we agree on
the merits, that one of your properties with the parking, it would have,
to be a deeded right that goes forward. I understand that. I mean, then as you see fit, but for the
moment, we made a motion. We address it on the merits. So we have a motion that we're going
to table to June 17th, 2026, by which time we should have a legal opinion. Do I have a second?
So I second. So I need to be here. So June 17th, you guys have an answer for?
from the consul or no, because I, I, I may travel out of the country.
You'd be better in July, Frank?
I said better in July, yeah. All right. When's their meeting in July?
Fifty.
I haven't finalized my travel friend, but I may be out of the country.
Do you want to amend the motion?
I would like to amend my motion for a date of July 15th, 2026, for this special
well, what is this? Is it a special exception?
Discuss the merits of the application with counsel.
Do you discuss the merits of the application once we know whether we have the authority to do so?
Right, well, that's what I mean the authority.
Okay. Is there a set? I've seconded your motion all in favor.
We can have a discussion, yes?
If we find out, if legal counsel says no, then we're done. So then we wouldn't, then it would be done.
heard the motion?
I do too.
All right.
Run.
It passes.
So we will see you in July.
Safe travels.
Our agenda tonight is a motion for rehearing.
Case number 2026-03, which was a variance request from the driveway setback.
And you have in your materials the request for rehearing, and counsel has
correctly noted that the board did not go through the five members of the test,
although the applicant and counsel understood from our discussion that hardship was causing us some
concern, but nonetheless, I believe that counsel is correct that we should have gone through
the five-member, five-part test. And so under the statute, the statute,
statute, although there is a request for a rehearing, I believe what we need to do is
decision so that the time clock for any appeal to the court is not running.
And then we would grant the motion for rehearing so that the board could go through the
evidence that was presented and any evidence that's going to be presented as a new
hearing and go through each of the specific elements of the five-part various tests. So it is
my recommendation that we grant the motion for rehearing and stay our decision on application
2026-03 pending rehearing.
Can I second that?
Yes.
All right, is there any discussion on my motion?
No.
All right.
All in favor.
that we have on our agenda for today.
You said that was the 17?
Yes.
Are the minutes.
And one thing that I would like to start adding to all of the minutes is to incorporate the video recording,
which is public, and it's available to anyone who wishes to observe our interesting discussions online.
I'd like to make that recording part of the minutes.
of the minutes because obviously it is a more complete recitation of what transpires.
And I think that should just be incorporated into our minutes without us having to actually write
down in the minutes everything that anybody has said.
So I think that's just a good rule going forward that the minutes should reference and
incorporate the actual recordings.
Outside of that, have folks had a chance to look at the April 15th,
2026 minutes and do people have comments on them? I would simply move to
amend them to incorporate the video hearing from April 15th, 2026.
Can I have a second on that amendment?
All in favor?
Hi.
Any other changes or amendments to the minutes?
It tells us that we have further business, that we are in a position to adjourn.
adjourn. Make a motion to adjourn. Second, on paper of adjournment.