Joint Land Use Board Meeting 10-19-2022
The board considered one application (Block 2104 Lot 7) seeking curb and sidewalk waivers for a new house on North 3rd Street and approved the waiver. Discussion focused on county drainage concerns, a county letter saying a county permit/violation must be resolved before a CO, and longer-term town plans/grants to extend sidewalks in the area.
Key points
board voted to grant the applicant a curb and sidewalk waiver for 623 North 3rd Street (Block 2104 Lot 7).41:18 ↗
A county engineer emailed a letter the afternoon of the meeting stating a county permit had not been pulled for work on the county road and that the violation should be cured before a certificate of occupancy is issued.22:56 ↗
Town staff said the Safe Routes to School sidewalk project is moving forward (design/environmental work) and could be built around 2024, and that the town obtained grant funding to extend sidewalks toward this area.32:12 ↗
Town and county drainage infrastructure (an existing inlet and pipe connection) in front of the property was identified as an unresolved issue that could affect whether curb/sidewalk should be installed.24:27 ↗
Board members held an extensive policy discussion about sidewalk/curb waiver practice and whether the town should be firmer (or change ordinance) in requiring sidewalks going forward.42:48 ↗
AI-generated summary for convenience only. Not official municipal minutes. Verify against the source video.
Topics with timestamps
Application for curb/sidewalk waiver
13:45Applicant (Tyler Dornwas) requested a waiver for curb and sidewalk for a new house at 623 North 3rd Street; he and the county planner argued sidewalks were not required along this stretch.
County letter / permit violation
22:56An Atlantic County engineer emailed a letter saying a driveway/driveway-related permit was not pulled for work on the county road and that the violation should be cured before a certificate of occupancy is issued.
Drainage infrastructure concern
24:27Engineers noted an existing inlet and buried pipe running from the road through the rear of the property; unresolved drainage could make installing curb/sidewalk problematic.
Town sidewalk grant / Safe Routes to School
21:25Town engineers and public works staff reported the town has grants and plans to extend sidewalks in the area (Safe Routes to School), with design and construction likely over the next couple years.
Waiver vote and conditions
41:18planning board made and passed a motion to grant the curb and sidewalk waiver; the approval was recorded by roll call.
Policy discussion on waivers
44:00Board members debated whether the board has been too permissive granting waivers and discussed options (stricter enforcement, ordinance changes, or funding mechanisms) to advance sidewalks townwide.
Decisions / votes
- 41:18Motion approved to grant the curb and sidewalk waiver for the application (Block 2104 Lot 7 / 623 North 3rd Street).
Public comment
Public Works manager (Robert Fatis) explained county paving limits, estimated the Safe Routes to School sidewalk work to be around 2024, and advised that drainage issues mean curb/sidewalk might be imprudent until county drainage is resolved.
Applicant stated the county told him it would not require curb/sidewalk along his property and noted lack of road shoulder and water/drainage constraints.
Board members and staff pointed out a county email/letter received that afternoon indicating a county permit was not obtained for a driveway/construction entrance and that the violation should be cured before a CO is issued.
Transcript (6,481 words)
foreign [Music] foreign [Music] regular meeting the hamsters during a payment of planning board and having study Board of adjustment now please come to order for October 19 2022. I notice that this meeting has been properly posted on the bulletin board reserved for such doses in a first floor town hall and mail to two newspapers pursuant to law the real the council chairman of the diagram with location of fire exits everyone attending this meeting should become familiar with this diagram the event of a fire you may exit this building safely all cell phones will be sounds during this meeting and there'll be no smoking in town hall at any time but at least the flight I pledge of the United States of America one nation under God indivisible with liberty and justice for all thank you will the secretary please conduct the official roll call for having a plan for October 19 2022 Ralph capaccio president Michael hosick Michael Messina present Gordon Faribault Mickey polia here Ray shippion councilman Oliva here councilman willerman Bill Brinkerhoff here Jonathan bask Chris Kalani James matro and chairman Marinelli here thank you member of the board received a copy of the September 7th 2022 minutes if there's no addition or corrections to those minutes at this time I'll accept a motion to approve those minutes as received multiplayer first I'll second it and Mr Messina second all in favor aye anybody opposed minutes of September 7th 2022 are now approved as received it's Shelly I'll abstain since I wasn't at the last meeting okay thank you okay yeah all right we have uh only one issue tonight before the planning board and that is the application of Tyler dornwas 623 North 3rd Street Hammond New Jersey block two one zero four lot seven Adam Raymond Hagman application 11-70021.09 and application for the planning board is 15-2-1 planning board the applicant seeks approval for a curb and sidewalk waiver uh Mr Ross would you please come up please to play and raise your right hand yes sir raise your right hand and be sworn in by the solicitor please if you could pick up that handheld mic it just push the button make sure it's open or test I do proceed sir uh to be honest with you Mr chairman I've never done one of these before right just take your time and you're at home here everybody's friendly I have yes the give me one second here paperwork from arh who reviewed it right and I almost honestly I agree with them a little bit I'm sorry and I agree with their findings which is that uh they don't see curb and sidewalks necessary on my property no one has curb and sidewalks for on Third Street from my property at least 2 000 feet I think closest to town right would be um they passed it off and recommended that the county make a ruling on it since uh Third Street to County Road I believe it's 7 21. and the Atlantic County Brian Walters reviewed the grading plan and advise the county make a ruling on it that they will not require writing yes sir I have an email here from Brian we have a copy that you have a copy there I do sir the solicitor has it wherever this listener has it oh solicitor you have it assistant no nobody has it you said you had it review by the applicant please read it to us uh it's very short Tyler after review the county will not require curb or sidewalk along your property which fronts along Third Street in Hamilton let me know if you need any additional information Brian Walters supervising planner Atlantic County Department of regional planning and development do you have any other thoughts or beliefs on why you shouldn't put sidewalks in Kirby why I say that I believe where you're going to build this home there's no shoulder am I correct yes sir no shoulder not much it's not my shoulder there right none sir none Harley and my concern is uh people walk along I know the other homes we weren't here the planning board to review them and stick them but it's always nice uh I think that uh it looks like it's a finished project you follow me but what's your thoughts beside the county uh honestly sorry I believe that if if we're going to do curb and sidewalks on Third Street it would look better as a community if it was done buy a town or County project and all done at once so that they could instead of just picking my property in the middle of the Third Street to use a sidewalk and then they got to go right back into the danger zone that you're talking about where they're walking the other thing is and this was not in writing but I spoke to speak up a little bit I'm sorry this was not in writing and spoke to the county Engineers we actually had an on-site meeting about a separate issue they they weren't going to put allow us to put curb and sidewalks because I I did think I'm like it's as I was pricing it out at one point I would have liked to I've done it they they basically said that they weren't going to allow because of the water drainage issue what the furniture you're like how wide is your lot uh 100 feet sir 100 feet okay I respect your opinion sir uh anything else no sir thank you very much the uh allow meter support question for this effort nobody has questions for this applicant okay uh we'll move on to the town engineer your report please sure thank you um before I start I wanted to ask you a question about this planet that we were it's on our desk I don't believe I don't believe I've seen this plan this plan does show sidewalk sidewalks are you are you saying you're proposing to not do that yes sir the curve yeah no no curve or sidewalk all right yeah there's no I don't have any records of this being submitted us for a grading plan which typically we would do and approve prior to issuing a building department so I don't the only thing I have in my file was like basically the survey and showing the proposed um dwelling but I do want to I guess this may kind of seem like it's going off on some changes I do want to bring some things up um the first issue is in our letter we we certainly back in December we reviewed this initiative letter and our recommendation at the time is to you know as far as curb goes we we agree um based on the drainage situation there's no curve anywhere we have no issue with with if you wanted to Grant the curb waiver um in our letter here we originally had said regarding the sidewalk you know we were we were in agreement that if you decided to issue a waiver we we are we are fine with that I do want to point out that the town has received a lot of money a grant to provide sidewalks in this area particularly from the elementary school and fourth all the way down North Street so at some point in the near future can expect we have sidewalk all the way down Moore Street to Third and then I believe the town has additional goals to further expand that mainly um it's open to the east more you know where where that field is Saint Joe's old field is so I do want to bring it to your attention for your consideration um for your information the other thing is I don't know Mr dormas if you did you get a letter today from the county engineer I did not yeah this actually came to me literally at I would say quarter to five today you're copied so you may I don't know if you're going to get an email or if you're going to get a hard copy um basically reiterate you know Moore discusses the other issue at hand which is um well there's two I guess the first one is it seems like you didn't pull a County permit that developed you'll see that I don't know what that what it says this violation should be cured before any approval certificate of occupancy is issued who's the letter film sir it's from the Atlanta County from Dove de Mayo who was the uh the new County engineer so that was that was the one issue you brought up to that the driveway is built without the appropriate when you do work on a County Road it's their jurisdiction and they require a County Recovery permit to make sure that you're doing the proper improvements on their in their Road on there right away they have they have certain details and requirements they want for whether it's concrete you know asphalt yes sir I wasn't aware of that I don't have a driveway as of right now without a permit that's what it says here so I'm just letting you know the second thing is the issue that we talked about with the drainage issue was that there is an inlet in front of the property which had a pipe that drains Third Street and it actually went parallel to his easterly property line through the back you know if you go back 100 years you know years you look at the old map there used to be before this was developed there was a stream Corridor at the rear yeah you'll see a old blue line so at some point out before you being born everything of that it was piped from the road to the back of the corner now the grading plan that I have and maybe I guess you have all I guess you got these plants did everybody have this plan so in the back corner you can see the depression area where there's there's 95 Contour that's about where the pipe I think it terminated no sir in the middle there in the middle of the property in the back so it terminated in the middle but the idea was that it connected from the inlet which is about um not quite in the middle of the of the road right above the 98 you'll see a an inlet label a pipe was from there to about the middle of the property and then discharged and then in the end there to the back and then we ended all the way through and then it came out uh I believe there's a little uh stream further that goes underneath North and it comes out um under fourth as well um so that needs to be resolved um I I I would defer to Mr um priority on this but I'm not sure that that issue waiver that's a separate issue that would prevent him from getting a CO if he did not comply with it it's not a reason to Grant or deny this won't be sent over by this board it'll be set up by support okay and the county is okay very good but I tell you what I did want to bring this up because I said it was it was emailed before the meeting and it's I want you to at least hear all the information before we made the decision um like the letter of the county which stipulates there there's a county code that has to be met when these types of projects are are undertaken so they are they are saying that anything that you need to resolve the drainage issue before the co is is um but you know like I I want to make sure that the amateur Memorial regarding it's not this impacts what we're asking for now but I but again to go back to the beginning just I will for your information the town um has plans for a couple years now to um extend sidewalk down more Street which is about 230 feet away from storm losses poverty other than that I don't have any other thing to add chairman tonight asked the afternoon one question Mr gunwass do you understand that if the town decides that sometime in the near future or distant future that they're going to put sidewalks and in that area and combine all of those properties like we said that you'll be obligated to cooperate with the city and provide positive contribution to the sidewalks if that's chosen at some I did understand that yes Mr Herman since you since you brought all that to note and like I said I haven't seen that letter but it it sounded like you said I'm in violation of something is that but it does say that at this time the developer is property owner is a violation of county code 72 because a new driveway has been installed on the county road without the required permit that violation should be cured before approval certificate of occupancy are positioned and the property is occupied that's that's just from the county if you want to take that with you and read it that's again it has no impact with what here but I'm just letting you know that's that's from the County engineer as a 4 45 today okay so I understand sir I don't know what that I don't know what there is no driveway on the property yet it's still under construction okay if there's a construction entrance they probably would that's probably require that as an open probably classify that as an opening for a construction entrance too so that could be it yeah I mean I you know I I can't imagine there's anything that's age or that you have to deal with it no thank you I don't I just probably just I would call I promise to the mayor or his office and they'll certainly get you in the right direction uh it's good that you didn't build you know at least now you can they can verify that the apron that you want to put it or the driveway you want to do here in performance with their standards which I don't think I want anymore but um but yeah if you want to take that and for your records um thank you so again I know it kind of went to the tradition came back from the sidewalk issue that that's all and Mr mcmorgan made a good point just you know we typically ask if you know if um you know if and when we decide to do any expansion you'd be in agreement with that it sounds like you are so uh that that includes anything I had to offer for you tonight there was a board question for the town engineer the I have a quick question chairman um the paving the County's Paving on Third Street Mark do we have any update on the paving there I I know that a little further down they were doing sidewall I'm sorry not sidewalk they were doing curbing work and I didn't know if that curbing work was extending this direction but I didn't believe so I think at the bend is where it stopped it's not coming down here you talk about for the cul-de-sac no like so I think the county has plans to pave Third Street from uh from Fairview Avenue out towards the Township Line and then there were um some curbing work that was done you know around the bend past North no not North Street um that's um Francis past Francis on the left-hand side they've done some curving I think that that was for a specific isolated drainage okay but I believe the road is strictly going to be just repaved with no no okay so if there's no plans for curbing it's reasonable that the county is designing that road with appropriate inverts assuming there is not going to be curbing that's correct in that in that area Okay um with regards to the safe ways to school or safe roads to school Grant dollars that the town has Acquired and is acquiring extending sidewalks from 4th Street down North to third um where do we what's the time frame for for such project to to materialize I'm not sure but here that's a town he's handling that we're not involved in that project so I'm not privy to meetings or schedule so I I don't know the answer to that but I do know it's been Advanced um and Mr Batista's been working with the consultant that was hired for this project I don't know the answer to that question okay any further questions for the tenant engineer this time I'd like to open up to the public anybody from the public wishes to be heard concerning this application please come forward thank you sir applicant thank you my name is Robert fatis I'm Public Works manager for the town of Hamilton thank you uh just to clear up a couple things the county that's going to be Paving uh Third Street it goes from uh Wells Avenue to the town lines just a little bit the other thing is on the for the safe routes of schools that's probably about two years away they just finalize their preliminary approval the design consultant for that is GPI they're going to be finalizing those plans probably over the next year or two they're going to do an environmental study also uh so probably 2024 would be sometime during that time frame and what that does is when it gets to North Street it establishes the curb at the North Street intersection on Third Street and actually they put handicap ramps on either side and they're actually going to extending across uh across uh walk at the North Street intersection and again when we applied for funds for this was back in 2018 and everything got delayed with covid but at that time St Joe was still occupying the uh the ball fields uh you know for football and stuff like that across from North Street so there was a crosswalk that was planned and some sidewalk that went down uh I guess would be the southerly side of Third Street up to probably the midpoint of St Joe's Athletic Field that was that was there at that time so we'll be Crossing through there and the safer is the schools program that in the intent uh we're probably gonna get some additional funds because the prices that were around in 2018 don't go as far in 2022 or 2024 so uh the town will be seeking some additional funds to try and complete at least the work that was applied for uh related to the drainage information that was related in the county letter that was issued today uh basically there was an exist there's two existing inlets along the county roadway and a pipe that connects those two inlets which is a separate issue that'll have to be worked out and normally the county would defer to the town whether curve should be installed or not curve a sidewalk as long as it does not impact County Drainage now this particular section does impact County Drainage until the drainage is resolved you know associated with that so I don't it might not be prudent to uh police curve and sidewalk on this particular property until that's until that's resolved because you might be causing some additional concerns related to drainage within that uh that's the low point in front of the dorm washer's property is the low point on that section for a section of that Third Street there's also a perfect I'm wrong there's a another house going up next to you okay so they'll probably have to come in for a curve inside walk waiver also there's an existing older house and checking with the construction officials office today uh they're building a new house next to that and within a certain period of time once that house is finished they have to demolish the the older house so they'll have to come out for a curb inside now they're a little bit higher in elevation uh than the subject property but probably until that drainage issue is resolved it might cause more detriment than it's good I think right now when the pipe was that it was in that section of of uh property it would go collected in the inlets you'll go through the pipe and discharge on an adjacent property Downstream where there's some you know pipes that were installed by whom what time period is unknown but uh if you if you install curve and sidewalk now at this location it's uh it might be detrimental to the roadway and and the county points out maybe to some other roadways wouldn't the drainage issue need to be corrected prior to the home being constructed there were some discussions related to that but it has not been you know corrected has not been resolved at this point and that's another issue between the property owner the town and the county that still needs to be resolved and if the town is involved I think what the town's position is that said it's the county roadway it's two windows on a county roadway that uh you know it needs to be resolved by the county but that's for a further discussion okay correct if I'm saying anything wrong they're in for curb and sidewalk waiver so that's what you're right getting further no thank you questions further questions Bob come here real quick how far along is the other house I asked out of the county they couldn't give me an answer our wax what was your question again how far along is the second dwelling that's not here tonight and how far along is there tomorrow actually when you see the curving going they're part of the project is to put curving at the intersection of North Street North Street and I was asking about the other next to theirs how far along is the discussion for that uh for the discussion with the drainage no no how far along are the construction process how far are they the County's roadway no you're not you're saying there's how far along are you on your house okay so you're you're there and the house next to you okay a couple different things going on at the same time no problem that's just strange as you've known about it you've known about this pipeline when you started the house during the activation of the foundation anything further thank you sir you're welcome anybody else wishes to be heard public force is now closed Mr solicitor what are we stand motion waiver for Block 2104 lot 7. um just can we have a quick discussion before we move forward um so we're the proposed sidewalk is on the plan was to meet existing grade and I guess I'm I'm having a difficult time with the dream with if if the drainage issue is a separate issue then we're not to consider the drainage issue in conjunction with the curb and sidewalk waiver correct so forget that the drainage issue exists well unless you were going to require a curve which may exacerbate or improve but according to your in the engineer it does not leaving it just as it is what's technically sound okay if you were going to require it you would have to have some further discussions as to whether that is in fact making things worse right and I guess so for me personally I'll put my my opinions out there certainly I agree um curbing um you know we don't want to mess with the County's drainage uh you know or make anything more challenging for them in that process and it's ultimately their their roadway with the sidewalks Mr vitis and Mr Hermann did note that we're going to be taking sidewalk out to this area and I just wouldn't want to be short-sighted and understand that this lot is or this this properties you know three four houses from the corner in a direction that we're going to plan likely plan to extend curb as a community um probably in the short time after uh the grant uh you know dollars have been expended and we've taken curb to that point um so if if there's an opportunity to install curb I'm sorry to install sidewalk in this area and then and possibly a home that's adjacent to it and then that's only two houses you know that would need to be filled in between there and and North Street um you know I wouldn't want to miss that opportunity you know um but I also don't want to exacerbate a drainage issue that that currently exists so in I I guess as you would send uh Mr McGrady that in the event that we were to move forward with a curb and sidewalk waiver today then the event the town did move forward with extending curve and sidewalk in front of this property and others um R okay basically says that uh city is now waiving any of their ability to revisit this if in fact it becomes more appropriate okay got it okay okay sir would you repeat that motion please I just need a motion to Grant nothing else has to accompany it too okay we have a motion on the floor I'll take that motion Peter first second roll call Ralph capaccio yes Michael Messina yes Mickey polia yes councilman Oliva yes Bill Brinkerhoff James matro yes chairman Marinelli yes motion carry application approval as stated thank you sir for coming and your patience and time you're on your way okay thank you there was a board I think I'd like to rules say I have a discussion now it's like discussion because I think it's time that we do something attempt to do something because it seems like we've been spending a lot of time over the years I know it's over 20 years now and we've been spending a lot of time over the years to listen to all this testimony and we're not making we're not getting anywhere so I think that uh Mr solicitor is there any way we could uh I know uh it wasn't about uh priority of coming here with the other solicitor this board voted to send a report to the mayor council on sidewalks on the south side of the White Horse Pike because of the fact that the assisted living is getting ready open and you know there's going to be people walking along the way our Spike and they need a place to go and at the present time I see him walking out there and I think one guy hit last year but what can we do to come up with something recommendation of mayor council or tell them to look at it what do you want in this particular instance you have a you would be placing a sidewalk and put let's say then there's multiple properties on both sides that have no sidelines well let's come up to something new for instance are you I'm sorry chairman are you talking about that instance on the Pike specifically overall okay we need something new oh something something brand new and shiny 1957 I built my house or a quarter fourth and prep now uh there was no houses nowhere out there the other Corner was empty on both sides of me was empty however before I was able to get the money and pay the Carpenter and the contractor I had to put in sidewalks Curbing and driving and then I would get my co and it would be approved that's back in 1957. I think we need something like that to have some kind of what should I say some kind of uh structure to it that we could accomplish something I don't feel about how the other board members feel and we're not accomplished anything but what we're doing yes go ahead the board handles the way the way requirement for there to be curved and sidewalk that's the statute but it provides for that they can come before the planning board and seek the waiver and this board has generally at least 3 recitement here been very open as far as renting then pretty much well I think we should have something that's mandatory well it is mandatory unless you're provides an exception unless you're if you're but it's not Incorporated within the not Incorporated within the ordinance in other words like I said before you get your Co you must put in sidewalks Hardware yeah this board doesn't Grant a waiver that's exactly what they would have to do but if you if you want to take away the right of this board to provide a waiver council could do that it's pretty Draconian but that that that's that's up to you as to whether you want to do that this board was given the right to Grant waivers if it appeared to be inappropriate to require a sidewalk put sidewalks and curves are required this is just a waiver from that obligation and this board your right has generally said we're going to Grant the waivers but we didn't have to Grant this flavor um and curbing probably with the county is their jurisdiction but they keep coming up with the same garbage or a language they don't there's no sidewalks anywhere in the near area so discretionary decision by you you say if you've decided as a body collectively that yeah the reason there's no sidewalks is because we keep granting these waivers but you have the members of the board The Authority go ahead one thing we had discussed many years ago uh I remember discussing it with mayor was if you're going to get be given a waiver for curb and sidewalk you're going to deposit in the town in a fund the equivalent of what half of the curb insidewalk would have cost you on your property and they have done this in other towns supposedly I don't know that's not the president ordinance though no that's not the business right and then I guarantee you if you do something like that they'll just put the curve and sidewalk in all of a sudden there won't be a dream they're not going to give you money because then you're going to use it as a Town Council could decide okay we're gonna we have X amount of dollars in the sidewalk foam we're going to put sidewalk on this street which might be nowhere near where the people who put the money into the fund are right but that's not very popular I mean you know I'm not sure yeah they they did it somewhere I forget where I'd have to ask Steve yes [Music] but I really I agree with you it's you know yeah I mean yeah so it all depends what you want we want to accomplished to make the sort of it's got to be mandatory you have to put it in well it so I know I know it currently is mandatory the only thing that the currently is mandatory the only thing that we are discretionary well it's at our discretion so the only people that can give a waiver I think if you have an ordinance if you had noise that spells out uh before you get the CO you must install sidewalks curbing in driveway or just sidewalks so you have that obligation in this town right we currently have this we have we're not spelled out is it yeah yeah and what and want to have them say you don't have to comply if you say we're not giving it then I don't see any change to that ordinance they'll have to comply with it I think that's that's where um we get we get tripped up as a board sometimes is that um because we've been very forgiving as a board over the years and we haven't required curve and sidewalk then when someone comes in they say well there's no curb or sidewalk 2 000 feet to the left of me two thousand feet to the right of me why am I going to be the one person with current but it has to start somewhere right if you want to have curb and sidewalk places now um on County Roads or state roads where there are drainage challenges surrounding curbing specifically curbing I think it's it's reasonable to listen to the county or that the state and understand what what is appropriate for them you know to make sure we don't make their their lives any any more difficult um but where it comes to sidewalk I believe that that's really at the at the purview of this board and if we want to extend more sidewalks then we have to give less current sidewalk waivers ity scrutinized now you're going to rely upon your professionals to say no in this particular instance I don't think you should even on a city street I don't think you should put curb since I walk here because it's kind of exacerbates certain things then you have a reason to grant them to this point in time you've been simply granted them because nobody else has it you don't have to do that there was fourth back on our shoulders and that we got a more or less uh be a lot more firmer and more uh direct to accomplish the task right right anybody else have any discussion anybody else that's sufficient I don't have any issues with that process I have no problem firmer as a board when it comes to curb and sidewalk waivers we want we all want a really nice Town one nice Community a walkable Community a like the whole community and I think it'd be important for us to to take that step and dive into each of these a little more deeply so right then I guess that's our uh route of travel from this day forward should I say but ultimately everyone has to vote their conscience you have to vote what you you we're all individuals we all have to vote what we firmly believe is the right route forward and every application is different than the last um sorry so I was going to say no no one application well you did this for one application you didn't do this for other application every application has to live and die on its own merits we're all in agreement so in the case of a county and state right away we could deny the variants and the county could say you don't have to put it there the county generally defers but they don't have to um because on the sidewalks I think but understand over periods of time this board will change you may have had a feeling here under certain instances you're not going to run a variance for this and then they change your mind as a collective body but everybody like said everybody votes their conscience so if you decide in your particular instance that you think imposing a sidewalk and curve on particular property owner given their circumstances uh is too harsh and then you can vote for a way majority would rule but I don't see the need to necessarily change the statute requiring side one because you require them they just come here and there's a section of your code that basically says if you're not going to do it and you don't want to do it for whatever reason you come before this board and ask for an exception or a waiver come in the past three years has been granted well we'll have to come together everybody agree with that any further discussion I think there's a liability issue for me I think there's a liability issue involved also if you're not putting a full run of sidewalk in either end of that is a trip hasn't well it's a little hard when you have lots parts of towns where there's a lot here one lot there and there's no sidewalk and you know it's not going to get there for God knows well because it's built out how do you put the burden of someone to put a sidewalk there where you know there's other spots where you're starting and we say okay with we're going to build so many houses through it you see what's developing then you can put it together right and and that's that's why the applicant a statute has always had to concede the listening if the town or the county decides we're going to put sidewalks in they have to participate in that joint will not be assessment benefits then right if the county unit yes right that'd be assessment benefits right so basically they're saying the sidewalk miles and it doesn't make sense you have them conceding that if if everybody would is going to be connected they would have to participate every house has to do by this date and that's it very well very well anybody else that I wish to be heard about and this property owner maybe maybe a point I'll defer to the engineers and safety people but if you have a sidewalk just in front of your house but stepping off one end or the other puts You In Harm's Way you necessarily make things better or worse by encouraging the people on that lot to go on that sidewalk and then walk along the road I don't know the answer to that analysis that you have to go through okay thank you everybody board members listener professionals anybody else wish to be heard this evening anybody have anything for the last word nothing for the last word okay our next meeting will be November 2nd hopefully if we get some applicants the meeting is now adjourned thank you members for coming