Hammonton civic updates
Date pending

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

13:45

Applicant (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

22:56

An 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

24:27

Engineers 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

21:25

Town 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

41:18

planning board made and passed a motion to grant the curb and sidewalk waiver; the approval was recorded by roll call.

Policy discussion on waivers

44:00

Board 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
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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