the other piece of business we have for the public part of the meeting is approving that's from the previous meeting on may fourteenth and then we anticipate adjourning the public meeting and going to deliberative session that's it for tonight so these proceedings will be conducted in an orderly manner consistent with our rules of procedure you will need them doesn't walk you through it as we go through but if you wanted to get a written copy of the rules of procedure for future reference you could get  zoning decision or act who can demonstrate a physical or environmental impact on a person's interest under the criteria reviewed and who alleges that the decision or act of confirmed would violate the principle planner by any ten persons either voters or land owners who proceeding may appeal that decision reentered in that proceeding in environmental court pursuant to state statute participation consists of offering through oral or written testimony evidence or stiffen circulated to the subject of the proceedings so for this evening the reason this matters is if there were to be an appeal of this of the business that goes on tonight part of the appeal be to stablish interested person status and participation tonight makes a difference over lake district was so i could make sure that i was put in a building inside the river on the left bring this up because it talks about one hundred fifty square feet but it also says forty by twenty cars or just want to clarify which is which is just possible that ok good thank you i just want to get that in the record while there are certain specifications of what can be constructed in the flood hazard zone it is unclear what can be constructed in the river overlay district it mentions that there is a conditional use review procedure for an accessory structure but that is only if he is within the buffer zone of the stream and he is well outside of that it's fifty and that's either thirty five fifty or one hundred feet and he's obviously well beyond that so we've found there concluded that the regulations are a little unclear in that respect so what's important for the hearing tonight is to establish what those dimensions are so where w shows us that the structure is more than one hundred feet from the edge of the  without outside that distance or go back but i also want to just just for future reference because i know that zoning regs you can build a shed on your house there's no foundation to where all this was putting some dollars down but if great if this was in the floodway it would be all right anyway because there is no it's there's no structure right he's not isn't a foundation on the ground and there's no you know living space underneath standard and the certificate has to be whole smokes when you first off wasn't correct so i have a question with a thousand square feet is that just living like leader could he this is a considered an accessory structure so there's limit of her residence but i was talking to the highway department and they would be willing to look at the property so before you get an access permit for the driveway  yeah but they would need to prove just basically he has already said we can approve this second curb on the property even though there had just construct a house last year and because that was a previous kirk up for accessing the fields beyond where your proposed building i believe is that he would be willing to look at it and  this one of them was the public comment period the way this works is any member of the public who wants to make a comment can do so and you need to make your comments to the board and will compile any comments they'll be part of the record for deliberation and if there's any question is that you have you can ask them and we're all done with all public comment we'll take all those compiled questions and try to get an answer if we can you that we can answer if the procedural questions or questions about the regs are they how can you try to answer them but  we do it this way just to prevent any back and forth argument during the hearing so it's just a formal way of doing it so if everyone understands that then at this point i'd like to ask if there's any public comment so my interpretation of that text is that the maximum size of the island should not exceed seven hundred fifty so there is a subsequent statement that says not to exceed seventy five percent of the floor area of the primary dwelling  protection the natural natural environment there were no characteristics the historic now specs of the town this is to nice seems like a step division i would be curious to know who is residing in this to me to allow what is being termed an accessory apartment with mary that it's not it's not like an attached apartment to someone's house or even a little bungalow that's held back it's a freestanding dwelling there it's not even in a line of sight with the person you know the original landowner and to call this an accessory apartment seems to me are pretty far stretch of what that means  and if you allow this house on a ten acre lot and we have ten acres owning then it no longer is  perhaps it does fit under the criteria of accessory apartment but it's a freestanding home and what happens there's a lady right across the street and she owns ten acres and she's elderly and she might be there five year she might be there ten years but her kids well inherit that house what if they decide that they want to have an accessory home on the portion of land that she you know the ten acres that she owns and there's a great big huge open field beside her house so then this ruling allowing someone like that to build another accessory apartment that's a freestanding home and in which case if that's if that's the way it goes then all of a sudden we have a subdivision in what was ten acres owning and has been in it it is in an agricultural zoned area and the other thing that i might add and although these pictures are not broad in scope am i allowed to come to the underwater many feet underwater and perhaps it would not be here you can pass it down it would not get into the structure but it certainly could have possibly compromise its stability my concern is is that it's just not a wise kind of thing on many levels and so i can thank you all because then all of a sudden it feels like over gun houses on all sides now and it does feel like a dancer neighborhood than i ever thought i mean i thought we would be protected by one defeat built our house i just would like to question the assessor you apartment being built so far and it's not an apartment it's a building being built so far from the original structure owned by a little garden and he wanted to he had his original house on it and he wanted to sell half of that it wasn't twenty acres it was only nine hundred something and for years and years and years he wasn't even allowed to put it on a mobile home on a portion of that land the land i believe that mr harmer own he wasn't even allowed to do that because it wasn't ten acres owning so now we've given a condition or a variance i'm not sure of the correct terminology so that there are two houses on less than ten acres of less than twenty acres there are two houses and now we're yet again going to consider giving yet another conditional use for a freestanding structure termed an accessory apartment and yet it's really a freestanding home and it will be like two houses on ten acres ok so we've heard a couple of questions as as well the comments that i says i said we've got lots of comments for the record but i have a couple of there's a couple questions but mostly they seem to several of them center around the interpretation of the definition of accessory pair of apartment so on i guess i would just point you to the wording in the regulations which is at the beginning of the section of general definitions which defines w structure that's incidental and subordinate in size to the primary use that it is done except barnes are allowed to be bigger than the primary use and on one  for that the question about what do the rules actually rick why are what are they allowed that's that's the definitions that we're working under the reason this came i think this is a question they don't  answer that this is a hearing i get if you just want to build an accessory apartment that was attached to the primary dwelling that would require hearing this is a hearing because he's proposing  accessory apartment that is separate from the primary dwelling and it is in the agricultural district so that is why we are here the shape of the parcel is unusual and accessory apartment is a second one unit on the subject parcel that contains up to four rooms two of which may do not rooms is located on a parcel primarily used as a single family dwelling or farm house floor area up to thirty percent of the flooring of the single family dwelling or seven hundred fifty square feet whichever is greater and not to exceed seventy five percent of the four year of the primary drawing or a thousand square feet and the meets all applicable separate coverage and parking requirements of the subject district but one of the things they were being asked to decide in the during in this deliberation is what they is what the planning commission meant when they put those words in c it's it's not the word it's true that the wording is a little weird  so we're that's one of these we're going to have to discuss it's not the not to exceed is pretty clear the question is what is the other part means we agree that the wording is confusing but what's one of these we're going to have to decide acquired to do or as it's written not go back and ask the right do our comments have any bearing if what you're saying is it doesn't matter you said they did most part of what they did that's a procedural question the answer is of course your comments out here this is a know if that reflects a restriction in dry dock right ok and i think what you are asking is whether the conservation commission and he had to say about this they are there we don't have any testimony from and that's why we're here is that four seven three six requires that in the agricultural forestry rural restore commercial districts if there's a new excess or restructure again that your triggers condition  they have not established that base flood so that is why there is a broad nov overlay districts in this area it's actually much stricter than the state has established so where  the african is you know putting its house was actually pushed back based on the maps that we were presented with so that it's actually preserving that area a little bit more he is further back from the river then would have been if we were going by with the state have acquired so jericho actually is a pretty restrictive probably district and that was in that sense and that was part of the question that we asked earlier about  and we're going to want to the second quarter of business which is the minutes from the previous meeting so to i don't know if you want to so i just pull those  so kevin just so you know i'm sorry i did i forgot to say that worked so well the way this works is what we've closed here and we have everything we need we'll deliberate and you'll get an answer from us within forty five days you hopefully sooner than that if we can do it but it's forty five this is the rule everybody can get a copy of it they can do their it's in red with their initials next to it send it back to michelle michelle can concatenate them and send out a revised version and then we can wri