order i'm going to start by reading the agenda for this hearing the first item of business is the continued hearing for request by daniel and also morse for three a lot subdivision at three twenty eight brown's trace which is in village centers on the district the second one is a new request for by g d bugbee for conditional use approval it's actually a change of use for a which is treated as a minor subdivision these personals are thirty six and forty seven fitz simons road which is in the agricultural and in a row residential zoning districts so those are the items on the agenda for tonight i just want to remind you that world run these proceedings in a orderly manner consistent with the rules of procedure like i always say if you don't need them in front of you there's a lockie through everything as we go through it tonight but if you want a written copy of the rules of procedure for reference they are available from jan walked up  she'll be back at this point i want to request disclosure of any conflicts of interest for any ex parte communication with board members and anything else ok thank you and at this point then i need to deal with the definition for interested persons so i will i'll start by just telling you the definition of interested persons and i'll explain why that's important interested persons are those who under vermont law have a right to appeal an actor decision of the jericho zone administrator a d or b interested persons include the applicant or if the applicant does not own the subject property the person running title to the property i mean this apology that has a plan or  bylaw at issuing an appeal or any municipality or joining that means about a person owning or occupying property in the immediate neighborhood of a property that subject of any zoning decision or act who can demonstrate a physical or environmental impact on a person's interest statutory defined interest to persons may appeal a decision of the d or b if it is to person fails to make a timely appeal they are bound by the therapies decision participate participation consists of offering through oral or written testimony evidence or a statement of concern with the subject of the proceedings so if there was to be an appeal of any of any of the work that we do interested we don't make a determination about interested party who is interested party that we part of the appeal but  participation in this hearing is important for that and so to that end we are circulating three signage sign and she's if you're here to participate in one or more of the hearings as those sheets go around if you would please sign in as being present for that hearing and pray so that when you participate we also have your information that would be very helpful for us to administrative leave so that's what the sign in sheets are and there are three of them one for each hearing so that kind of know why you're here tonight if you sign on the one that's  relevant that would be helpful to make sense and he questions great ok and then finally this is a quote as i do just like hearing so all those that intend to speak must be sworn in so what i will do is read the oath and anyone who is going to participate and i just say i do i hereby swear that the evidence i give in the cause under consideration shall be the whole truth and nothing but the truth of the pains and penalties of perjury ok thank you so will a jerk a center of preservation association and the jericho congregational church this was a very expensive time consuming process and it's a great deal of effort and cooperation on the one's heart we're grateful for all the hard work but all the parties involved were pleased that we're able to drawings and the statement you just made we actually have time as part of the record for this copies of the easements to be referred to so we do have that information on that we have so that's part of the record for the  of the one of the routine piece of business on a subdivision is we asked the fire department to weigh in on their ability to fight fires in the subdivision as it's proposed we have a new letter from them reflecting the new layout as it's as it's presently proposed and  it's essentially in support of that that they can do that they can fight fires adequately with the driveway layouts and so i plan as it is they make some reps other recommendations which are recommendations and they're all your questions to the board to us not to the applicant it comments to the board not to the applicant will compile only if there are questions that do the people have we can then we'll try to get answers ok so is there any public comment on this is up near this edge that there's a strip right about where i'm pointing which is owned by the jericho center preservation association the access to the slide when they go in there and they ma field they want to be able to have a so called access easement and many more since and given them that we should be when they have to go in there the access to build and maintain they can come into the first ten feet of the mor that the entrance was reduced from twenty four feet wide to twenty feet wide and that's because that needs to be the requirements of the fire department and all the other  the one ok if not then the whole going to close out public comment period is there anything else that the applicant or their or your and your engineers folks wants to add this point to make sure it's on the record for ok normally we would want to see that that stuff was in place where it will be you shouldn't be surprised to see conditions on any approval that those things be done so so so to actually be you know less impact as far as what was there presently when we occupied just an access that's always been there for the upstairs apartment and that's what is keeping us for right now so i think the regs and it's just so good to be in compliance you're going to use that it made sense to use the parking lot that's accessed off the bottom because that's the big one of the pretty one and then there needs to be access obviously to up to the upstairs and we're just it's just a so as as before as i want to remind people the process here is if you have comments or questions with us to the board not to the i can compile questions and take your comments so is there any public comment on this application this time tonight i guess what i would propose would be maybe to just use the east side entrance and have it continue around the building to the paved parking lot and delete  off of the south so then there still would be access and parking in the front of the building for the upstairs you know and then the parking you know drive it would continue around to the west side o i think that's a substantive change to the plan here so i'm not quite clear on how we would either approve or deny that since it's not which point they could both try was a shot on the price because grandfather you know if something was in existence and it remained in use all the time it's grandfathered in so like you can make a strong argument that it's grandfathered in you know it's just been my it's the way we do things in our offices when there's a change in use you know that and then try to bring things back into compliance so he was willing involuntary to bring it back into compliance and make your way of life easier but there's nothing you can look in the regulations all day you'll never find anything in there that says that he has to do this because it's conditional another way around this i don't think bob's idea was that so if you i guess i'm saying is if you choose not to continue it i can always get more of a legal opinion and now let me just generally that i've spoken to a couple people from not development they've told me informally kind of off the record if you will the chair supportive and that being converted to apartments people generally seem to like any of the only other the only other  that i wanted to make was that because this is going to be a multi family structure or one of the state rules as you know will kick in and what so what we typically do is we do  conversion to apartments that was conditional on them being able to get water and then running into problems of liar and still resolving those problems i would reference when the martens change the hungry line into apartments they're still having trouble in that wire situation but but it's beyond know ok i just wanted to clarify what the situation was because you are the public are wondering about our what we consider versus the other side that's all i know anything else state permit i'll tell you why in a little bit but so i told the surveyor that it wasn't necessary for him to come and i think i've looked at this enough to get dizzy looking at it i think i got a good handle on it and i tried a bunch of times but  to eliminate the five acre lot or here in merge it with your brilliance law here while at the same time reconfiguring the  to ten to ten exactly their lot shape changes only instead of this morning this point which includes a piece of land looks like it should go with this they're going to get what looks like should go with their live pictures like a the reason they need to stay permit is because we're changing a boundary line within five hundred feet of the hills so i'm i have to address their replacement area i've done that i'm in the process of the permit and it while the same time  i don't need to necessarily deal with a water waste water for the brian lot but they're proposing to build a single family home at some point on it so i'm working on that so three lots going to lots hills lots status if we do this if everything is undeveloped except for the holes in law so we're going from three lots of five ten and ten to then be approached that you have to  but they currently have a lot line right now that's you know one hundred twenty feet hundred twenty feet tonight trying to steal your answer so the existing buildings are barber farmers the terrain is this is would be horrendous to get a drive will be very costly and to look nice but i thought i saw that there was a do exist yet that's due to a house that's to an existing house just a geezer sons this is you wouldn't mind would one do this no that would be i don't think that would change because you're losing a lot of the getting dressed up well yeah i should ask that on the more subdivision because we second sentence on the at some from the adjacent property and more about creating space between adjacent i think it was probably supposed to be adjacent properties or yes i think maybe it's just to be addressed oh wait yes i think it's just addressed the address ok