The Zoning Board of Appeals held a meeting on November 13, 2025, beginning with standard opening procedures. The board first heard a public hearing for a use variance (ZAV-25-11) at 411 Fonts Connor Road. The petitioner, represented by Attorney Mark Babrowski, sought to construct a fueling station with a convenience store and a food service drive-thru in an office industrial zone. A brief discussion occurred regarding a recent change in the petitioner's LLC name from South Coast Development LLC to 411 Fonts Corner LLC, which was deemed a non-issue. Attorney Babrowski argued that previous variances granted for the property and for a nearby drive-thru set a precedent, and a traffic study indicated minimal impact. The board was receptive to the project and asked the petitioner's attorney to draft a proposed decision for approval with conditions. The matter was continued to the December 4th meeting. The second public hearing was a continued case (ZAV2-4) for a variance at 25 Thatcher Street, where petitioner Dion Ketta sought to reduce a required 20-foot rear setback to zero for an outdoor deck and kitchen area abutting a cemetery. Mr. Ketta had not obtained a certified survey or met with the cemetery committee as previously suggested. After discussion, the board provided guidance that they would be comfortable with a 4-foot setback from the true property line, as determined by a registered land surveyor. The petitioner agreed to this path forward, and the hearing was continued to December 11th. Following the public hearings, the board moved to administrative matters, unanimously approving the minutes for three prior cases: a special permit and variances for Zero State Road, a variance for 35 Thatcher Street, and a comprehensive permit for 970 Tucker Road. The meeting concluded with a unanimous vote to adjourn.
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Public / Other
Good evening and welcome to the zoning board of appeals meeting of November 13th. Uh at this time I'm going to call upon everyone so we can stand and pledge allegiance to the flag.
0:18I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all.
0:29I'd ask that you all remain standing for a moment of silence in honor of our soldiers past and present.
0:38Thank you.
0:45I'd like to announce that the next board of appeals hearing is Thursday, December 4th at 5:00 PM here at Town Hall in room 304.
0:53I'd also like to announce that this meeting is being recorded by Damoth Community Media.
0:59Moving on to uh the public hearings portion of tonight's meeting. The first matter that we have scheduled is use variant ZAV-25-11.
1:09The petitioner is Anthony Malikica or Malikica.
1:14The owner is Font 411 Fon Connor Road LLC.
1:19The subject and that's also the subject property is 411 Fonts Connor Road here in town. Also known as map 63, lot 12. The property is located in the office industrial district and this petition was legally advertised on October 23rd and October 30th.
1:37Uh I make a motion that we wave the reading of the abs. I second that motion.
1:41All in favor?
1:43I I The eyes have it.
1:45There's anyone in the audience or any of our viewers at home that would like to see the abundance list? It's on file with the zoning board of appeals office.
1:54The petitioner in this case is seeking a use variance to construct a fueling station with a convenience store and food service drive-thru in an office industrial zone.
2:06The proposed fuel station with convenience store is not an allowed use per article 22 section 375-22-2 allowed uses and will require a use variance per article 43 section 375-43.3.
2:27All right. So that's pretty much putting forth what the requests are for a use variance. Gentlemen, moving on to a denial letter from the building department. This letter was addressed to Jeffrey Couture in Marshfield, Mass. It's regarding 411 Fonts Corner Road. It says that I have reviewed your application. At this time, your proposal cannot be approved due to non-compliance with current zoning
2:51regulations. Applicant proposing to build a fuel st a fueling station with convenience store and food service drive-thru in an office industrial zone.
3:00The proposed fueling station with convenience store is not an allow is not an allowed use per 375-22.2 allowed uses and we require use variance per 375-43.3.
3:15Your application is being denied under the following section of the Dartmouth zoning bylaw. 375-4.3 use variances amended and approved on 910 2014 except as expressly prohibited in this bylaw variances may be granted for uses of land not allowed by right provided that in accordance with the provisions of Mass General Law 40A section 10 and amendments or supplements there too the board of appeals
3:42determines that such land or structures cannot reasonably used as allowed by the zoning bylaw except that the board of appeals shall not grant varian es for uses of land in the single residence A, single residence B, and C districts and it's dated September 4th, 2025.
4:01We've also got some comments from other departments in town. The planning department's comment is that site plan review by the planning board will be required for this project, as I'm sure the applicant is well aware. Uh board of health says please be advised that the board of health plan has their own plan review via the viewpoint portal. You will need to complete this at the time at the same time as you apply for a
4:27building permit.
4:29Uh in addition, it indicates that there was going to require they're going to require a report from a certified asbestous inspector who has conducted a pre-demolition inspection of the presence of suspected asbestous materials. Two, proper documentation by a certified licensed Asbestous contractor that the asbestous materials was properly removed and disposed. An air quality report if ACM were found and removed.
4:55A BWP AAQ6 construction demolition notification.
5:00Conservation says no direct conservation issues here, but as a commercial development. However, the conservation commission will be interested in the project's compliance with the requirements of the Dartmouth storm water bylaw and regulations as administered by DPW relative to storm water quality treatments and discharges where applicable to conservation commission jurisdiction. And DPW
5:20indicates that it is recommended that all existing and proposed utilities be shown on the site plan for review. The attached site plan does not show any existing or proposed utilities.
5:31All right.
5:34Is there anything else that we need to read into the record that you're aware of?
5:38All right. So, there not being probably any questions at this time. I'm going to call upon the petitioner. I can see the representatives is here. Attorney Babrowski. The floor is yours.
5:48Thank you, Mr. Chairman. For the record, Mark Babrowski. My office is in conquered, Massachusetts, and I represent your applicant. The uh original applicant was South Coast LL South Coast Development LLC, but I'm told by my client that within the last 10 days or so, they have actually purchased the land and have established a new LLC in order to uh operate. If this project is approved, I believe we
6:16uh the new the new LLC is Font Corner 411 411 Fonts Corner LLC. And I've provided Michelle with a certificate of good standing um which my associate got from the Secretary of State's office.
6:32According to this, it says it was just formed on October 29th. That was just days ago.
6:36Right.
6:37And we also have a copy of the deed.
6:40I have a question. We published in a different name.
6:43We may have.
6:44Oh, we did.
6:45Okay. Well, you published under South Coast, but I think it's a small matter to indicate in any final decision that the permit is granted to South Coast or its nominee or designate. That would take care of the problem.
7:00All right.
7:03Yeah, I'm fine with that.
7:05All right. often times these things if approved flip and the No, but I would think that you'd have to make the change after the approval because everybody's been given notice that the entity is South Coast, not 411 Fonts Road.
7:22It is that is the case. But if the permit is issued to South Coast, if we approved it and somebody wanted to take an appeal of our decision, I could see them taking an appeal that the wrong entity came forward to present their case.
7:38I'm here as South Coast.
7:40Uhhuh. Okay.
7:42And it's it's the same manager of both LLC's. So the only thing I point I can point out to is the purchase and sales agreement that was submitted at the time says or nominee, right?
7:54So at any point in time up until the day of closing, sometimes it's up to seven days prior to there's no this one doesn't even have that requirement. So right up to the time of closing, they could have uh reassigned the rights as a buyer to another entity or individual that they would like to.
8:08Exactly.
8:08All right. But I understand the concern.
8:10I understand the concern. But I I I feel comfortable.
8:15And as long as you feel comfortable.
8:16Listen, I feel I feel comfortable. The thing is is again, and if there if there is ever an appeal, they're the ones that going to have to bear the burden.
8:24No one's going to have standing to complain that the name of the that the name of the development.
8:28And only that in his letter, he says he's going to defend us. He didn't say it was for free, but he said he would defend us.
8:33Okay.
8:34So, um I did provide you with a memo which is dated November 13th, and I hope that you've seen that. Uh I'll just I'll I'll run through the memo quickly. As uh you indicated, Mr.
8:48Chairman, this property is in the oid.
8:51The subject property contains 18.91 plus or minus acres and um it's a pretty long rectangularly shaped piece of property.
9:01There is a plan submitted with the materials. Um I I'll just cut to the chase pretty quickly here for you. You actually have looked at this property fairly recently. Yes. In o in uh 2024 uh a variance was granted with regard to the property uh for I believe the proposal was the uh Audi dealership a commencement of a of a car sales operation. uh it didn't happen but in the uh decision that you wrote for that
9:35the which is at the bottom of page of one of my memo the subject parcel has an irregular shape it's very long and narrow with an average of 252 ft creating significant restrictions for commercial use there exists a significant slope and change in topography the property is divided by areas of wetlands and poor draining the soil conditions on the property restricts the area in which the property
9:57can be developed and in making the finding on the proposed automobile sales. You indicated that this property met the criteria for the issuance of a variance with regard to section 10 of the statute. So we can I think we can put that in the rearview mirror. Um trying to use my words to make your case huh?
10:16The second case that you've had with regard to this locus uh or or the font's corner area generally is exhibit two and this is a decision of the planning board from 2016. The issue in this case for the planning board was whether or not a convenience store with a gasoline service station could be permitted by special permit. Remember the proposal before you this evening has three components. convenience, gasoline
10:46service station, and uh a drive-thru restaurant, which is what the commissioner ruled on when he said that we needed a use variance. That was the drive-through restaurant that attracted uh or basically he doesn't he doesn't mention that in his letter, though.
11:02I I think Well, he he says it's to establish a drive-thru. So, did he I thought I read I don't let me take another look at it. I have that back.
11:13So I the the point the only point that this 2016 case makes is that if I were to limit the proposal here to a convenience store and a gasoline service station, I could do it by special permit at the planning board. It's the addition of the uh drive-through restaurant that moves it into the category of a use variance. And uh we're here for the three component, not the two component option.
11:40And the last case that you've had recently on point is exhibit 3. You'll recall that in 2020 I appeared here for Mr. Robert Minen who had an existing uh Dunkin Donuts and he wanted to now add a drive-thru component. Uh the board reviewed the application in the oid.
12:03remember there's only a sit-down restaurant uh allowed uh in the district's regulations. Uh we made the case at that point in time that a sitdown restaurant in a incredibly busy and expanding neighborhood including the Bristol County House of Corrections, the law school, a hospital, the sheriff's office was uh shortsighted at best. And the court agreed that it was uh would promote public good by allowing for more
12:34opportunities for people to have a quick and um and quite common lunch which pick it up, drive it back to the desk and and get on with life from there. Um and that variance led to the operation of the drive-thru um at the uh address of the property permitted in exhibit 3.
12:54So from our perspective, u the same things that we said about the Dunkin Donuts in 2020 apply here 5 years later that the oid is is behind the times in terms of regulations that will promote u appropriate use of the land in the district. The district continues to expand as far as I can see. The uh sit-down restaurant formula is fine if you've u maybe take advantage of it once
13:24a week, but you have to eat lunch all five days. So, the opportunity here to have a franchise uh food provider would be the same as it would be in the other case. And like the other case, I've given you a a thing that's had a GPI on the top. This is from Greenberg Peterson. Uh Heather Montikup, who's a qualified traffic engineer, uh points out that the traffic associated with this new operation is going to be
13:55minimal. Uh in the third paragraph of her first page cover letter, u studies have shown that for developments such as the one proposed, a substantial portion of the site generating vehicle trips are already present in the adjacent roadways. Uh the average pass by trip percentage is 76% during the weekday peak, 75% during the the weekday PM peak hour. And under those circumstances in
14:24the next paragraph, this equates to less than one new vehicle trip per minute along Font's corner during the peak hours, both AM and PM.
14:33I if I might explain what what basically the assumption here by traffic engineers is that anybody stopping in here for service gasoline service uh convenience store purchase or food purchase out the window is going to be on the road anyway. Nobody's making this as a destination trip. They're just on the road. They see the opportunity, they stop. So you can't say that it's going to generate a hundred new trips in a
15:00peak hour or 52 coming in and 52 going out, which are the statistics that she came up with. It's much simpler than that. And we would urge a finding therefore of no detriment with regard to the allowance of the variance in this case.
15:18And I think that about wraps up my presentation. I'm happy to answer any questions. Um Mr. Higgins is here this evening to fill in the blanks on the site plan. We well understand that we have to go to the planning board. I spoke just earlier this week with Daniel's uh um what's his dad's last name?
15:40Um I I spoke with Daniel this past week. I said my my appreciation of the facts here are that we're going to have to come in now with a full sight plan. Uh but you're you're comfortable with the 2016 finding that the board already made on the on the first two components and that what this is I I don't want to have to apply for a special permit. That was the basis
16:04of my call. The is the use variance going to cover all three things. And he said that's the way I read the commissioner's letter. You only will have to get site plan approval from the planning board. I'm told by my client this evening that none of these uh things even if they move around. This is a ripped off of a it's pretty boilerplate, but none of them involve dimensional variances and there will be
16:26no request for a dimensional variance down the road. So, it will meet the dimensional requirements of the office industrial district.
16:36So, I I have a just a quick question at this point. Um, since we already have a Dunkin Donuts right up the street from this where this is being proposed, what would be one of the potential vendors for for the circulating of drive-thru traffic, who would it be in something like this?
16:52Um, what did the drive-thru? What do you mean? I I didn't understand.
16:56Be a donut shop. Would it be a sandwich shop? I just wondering what what it would be so I can get a sense of traction there would be to have a drive-thru.
17:04We're looking looking at coffee.
17:05It' be coffee. All right. So, and remember that as I informed you five years ago, my latest my statistics on Dunkin Donuts are that uh approximately 72% of the revenue comes in through the window.
17:21It's not like it's not coming in the door when people walking in for a cup of coffee. It's coming through the window.
17:26Okay.
17:30All right, gentlemen. Any questions?
17:33Uh, not at this time. If you want to open for public. I have no questions at this time.
17:39Any questions? Attorney Far or Dr.
17:41A guy?
17:42Not at this time.
17:43Not at that point. No.
17:45All right. So, obviously this is a public hearing. Um there's anyone in the audience that would like to come forward and speak either in favor or in opposition to this petition. I like state your name and your address. You need to come to the podium, please.
18:05All right. So, there doesn't appear to be anyone here who's going to speak either in favor or in opposition.
18:13So, I'm to understand based on this plan that there's not going to be any type of uh wetlands really infringement here and there not going to be anything necessary for some significant filings of conservation.
18:26Do you know the answer to that?
18:31Uh, it appears that please state your name and address, please.
18:35My name is Vicky Higgins. I'm the owner of South Coast Development LLC and the owner of N uh 411 Fonts Corner Road LLC.
18:43My office is 280 Air Road, Harvard, Mass.
18:47Um, the the improvements that are shown on the site plan have no encroachment on the wetlands. The wetlands are further to the back to the rear of the property behind the cell phone tower. We we're not gonna we're not developing um that far back.
19:00And you're you're not looking to develop anything uh east of the property beyond what's on this plan.
19:09That's correct.
19:10East of the property.
19:11I was trying to think where east was.
19:13This way.
19:14I got it.
19:15I got it.
19:18It looks like the 100 foot.
19:24I've also noticed here with the fuel station, I noticed that one of the areas is a little bit larger. Is there a reason for that?
19:31Uh, one island, there's five islands under the canopy. Yeah.
19:36Uh, each island has a gasoline dispenser. The one island that's wider would also accommodate diesel. Would sell diesel. That's a diesel for longer vehicles.
19:45Diesel dispenser.
19:47Okay.
19:50All right. So, Haleem, I'm sure you've taken a look at this. Um, anything?
19:56No, Mr. Chair. I, you know, you know, this is probably 80% of my work is drive-thru and gas station. So, uh, it's a very nice layout. Uh, this is much smaller scale than what was presented before with with the Audi. But looking at the site, it's the dimensions are really comfortable.
20:15you know, it's going to be nice uh uh circulation around for fire, for parking. Uh the driveways are nice set apart from each other and I don't see any issues with site and again they will have to go through site plan review with the planning board. But going back to this property, I think we granted at least four or five different use variances in that area back with the phone corner. It was a lot more dense
20:42that that development that was proposed and and in terms of traffic, I agree 100%. You know, I go through this every week. Traffic, I mean, gas stations are not traffic destinations. And people don't drive from town to town looking for a gas station. It's mostly people are working. You know, this is going to be mostly people up to the north going to in the morning to hoton the medicals
21:05and coming back. It might help actually alleviate some of the traffic to the south by Route 6 because people do like same with Dunkin Donuts. I think attorney Babroski made that uh argument last time that people won't have to go down south to buy, you know, the Duncan cross over and then go over, you know.
21:25So, I think it would help. Uh, I don't see any issues with the traffic and I think attorney Babrowski covered all the legal legality for for granting a variance on the use variance and um I think we kind of set that up for him.
21:41I I don't I don't see any issues here.
21:43That's my personal opinion.
21:46How about you, Attorney? Any comments?
21:48I don't I don't have any issues with the project, gentlemen?
21:54Nothing. All right.
21:58So, Mr. Babrowski, at this point in time, um, I'm going to call upon you to put together a proposed decision for us with findings and, uh, the 4A rationale for the four tier for the the fourprong, which I'm sure you're quite familiar with. Um, put together some proposed findings and and a decision. We'll take a look at it and schedule for another date so we can put this uh have a have a formal vote on it.
22:26May I assume you're asking me to prepare an approval with conditions?
22:31Yes, sir.
22:32Thank you.
22:34Is that fair enough?
22:35Yes.
22:35Okay.
22:37U put it on the It's not Would you like another date on this?
22:41When is your next meeting again? I was not paying attention.
22:45As of December 4th, but I think we got how many case? So, we're kind of we've got 40Bs that are if you haven't heard already, I know we're sort of being bombarded by two 40bs that are before us and we're having those matters on six o'clock and we're having the general the local matters on at 5:00.
23:02I I noticed the change in your beginning time.
23:04Yes. And that's why but we're trying to from athan to get here at 5:00. So, you don't have to be here at the next hearing though.
23:12You don't have Zoom, do you?
23:14Uh, no.
23:16Okay. But you you don't have to be here at the next hearing.
23:18The only Well, that's fine. My wife is having u cataract surgery on the third and on the fourth. I don't know. I have to bring her back into Boston.
23:28As as long as somebody here represent
23:39you'll have it in plenty of time to look at, right? And if not, if you need another date, we'll give you the following week.
23:45Worst case scenario, I'll have an associate come down and they'll not know much about the case, but they'll be here to answer any questions.
23:51That'll be fine.
23:53What What else we have at 5:00 on the fourth continue case?
23:57Oh, yeah. The state recuse myself. Yes.
24:00So, the recusal on that. Uh, we'll put this one on first. You're right. I mean, put this one on first. Take five minute, two minutes. Yeah.
24:06Okay.
24:08Thank you.
24:10Thank you.
24:11So, we need a motion to uh I mean this is uh we we're well be we're well within the the 90 the was it 120 days? Yeah, well within that it's the first time this is on.
24:24Uh so I'll entertain a motion to continue this to December 4th at 5:00 p.m. here at town hall.
24:29You okay? You're okay with that date for now?
24:32Yeah. I make a motion that we continue uh use variance ZAV-25-11 to December 4th at 5 p.m.
24:42Second that motion.
24:44All in favor?
24:45I I the eyes have it.
24:47Thank you, Mr. Chairman. Thank you, members.
24:56All right, moving on.
25:00Moving on to the second matter that's on the agenda for tonight's meeting and it's our last hearing.
25:11It's variance case ZAV2-4 was continued from October 23rd, 2025.
25:17The petitioner applicant is Dion Ketta.
25:21Um the subject property is located at 25 Thatcher Street in Dartmouth. Mr. Ketta Cadeta is also the owner of the property. It's known as lot 91-1 on map 122. It's located in the general residence district. We've already uh waved the reading of the abutters list.
25:41And in this case, the petitioner is seeking a variance to reduce the setbacks from the required 20 ft to zero feet to construct an outdoor deck/kitchen grill area in the rear of the house for the property line. Article 375-10.4D1B 4 D1B development standards. All right.
25:59So, please state your name, your address, and uh explain to us what's transpired since the last time you were here. Uh my name is Dion Kalita. I am the owner of uh 25 Thatcher Street in uh obviously in Dartmouth. Um what has transpired is I I took a photograph.
26:17This uh I was trying to get an engineer out. I didn't get I didn't have luck getting an engineer due to not just the timing, just things going on. Um, but I did take a photograph from the property line to the inside of the the wall and it's roughly it's roughly 16 in back from the property line. Um, I was just trying to see if there was a way to uh accommodate an additional distance compared to
26:45having a having zero, which I know is uh not common. Um, so I mean, I came up with a 16in setback. Beyond that, I honestly short of demoing it and putting pavers, I don't know what else I can do out there.
27:04You guys have the photo?
27:06Yeah. Yeah.
27:07Yeah.
27:09All right.
27:12So, what is actually the thing is is this measurement from what I see in this photograph, it's 16 in from the inside.
27:20From the outside rail, it's roughly 9 and a half inches from what an area looks like possibly from the edge of the fence.
27:27Correct.
27:27So, how you measuring it? 16. 16 to the inside of the of the of the fence/wall where the deck tech where the deck technically starts on the inside of the fence.
27:38Plus, we we're not sure if that if I may miss a chair. I mean, this is not what we rely on. We don't really The fence may not be on the property line. How the fence might be that's why we always ask for plans to actually and I I can provide one. I just have to get that sorted out. But I can provide one at some point.
27:56Okay. Uh, but I don't know how I feel about 16 in, but um, and I don't even know if it's 16, but if even if we were to take the math at 16, I don't know how I feel about that, but I'm only one person.
28:06Um, so is there anyone that would like to speak at this point in time? Any questions of the Yeah, I thought one of the last times you were here, we suggested that you sit down with the uh, cemetery committee or board of directors and talk about a resolution. Did you do that?
28:24No, I did not.
28:26Okay.
28:28Is it Did you make it a choice not to or is it Yes, I did. I chose not to in dialogue.
28:37Well, that puts us in a more precarious position, at least for me anyway. But any comments?
28:45Anything you like to add?
28:47I guess the the other the other thing that I have is that that fence I mean I don't know that it's actually on the cemetery directly on the cemetery property. I know that my neighbor put up a fence and he's 18 the fence is 18 in off my property.
29:07Uh so, uh you're planning on having your engineer, whoever's going to design the the project for you, shoot the line, figure out exactly where it is.
29:19Um if in a if we can if there's a specific dimension that that I can meet to satisfy the requirements of of the uh committee, I can absolutely have an engineer go out there and do that. But if if the answer is going to be I need five feet, then there's no point in me doing that.
29:37Oh, okay.
29:38That's the that's my my train of thought.
29:46I mean to satisfy the the the dimensional setbacks, Mr. Kleta, I think the the setback is 20 ft.
29:52It is.
29:52We know that it is. But I think at one time we talked about maybe trying to compromise because we have we've never granted a zero setback to a project before and you know it's that's what we were struggling with and you know we thought you wanted to go back and and and talk to the neighbors you know or uh not I mean I you know I'm sorry I didn't mean to interrupt. Uh
30:18so and again I mean I would hate to say oh yeah we're good but 16 inches or 8 inches and you go back and you hire somebody and you know I don't think the 8 in is going to cut it. Is it? I mean I don't know. I'm I have a feeling I don't know. I just I always have I always look at some minimum at 4 feet to give people an opportunity to be able
30:39put a ladder on something if they need to get where between two structures.
30:43This is a little bit different. I understand this is unique because it's it's a cemetery and it's not like these, you know, the people that are there are necessarily being impacted. Um I know there was an explanation and I'm going to give the person an opportunity to speak as well if anything's changed, but I I did listen to what they had to say.
31:00Um and this would give an opport Oh, maybe to some shrubs or I think there is some there's a privacy.
31:09If you had four feet, you'd be able to put some shrubs and that way there'd be a buffer there. because we granted that before and we we've uh there is vegetation on the opposite side of the chain link fence the chain link fence or a portion of it because some area it's not as well that's not my property obviously the fence is also belonging to the cemetery that's not my fence the chain
31:304 foot or buffer or 5 foot buffer you would be able to put some kind of vegetation just uh you know um so to lessen any impact of what your you know whatever activity you may have going on in the deck to to the neighbors.
31:47All right. Um am I to understand that you're looking for some direction as to what we would feel comfortable with so that that way you know either you're going to abandon the requ abandon the request or you're going to actually get the land surveyor to survey it. You're going to cut back the deck and you'll know that I can proceed accordingly. Is that what you're looking for?
32:05That is correct. That is correct.
32:07I'm at four feet. That's where I feel comfortable with something like this.
32:10Whether or not that works for you, I don't know.
32:13Understood.
32:14And I'm only speaking for myself.
32:18I could live with four feet.
32:23All right. So, there's someone else.
32:26Four feet from the property line.
32:28Property line. Where? Wherever that is.
32:30Right. Wherever that is. Right. For all we know.
32:32It may be. I mean, we don't know.
32:34We don't know. So, and maybe the fence may be encroaching and then maybe he has a cause of action against the the trustees of the uh of of the uh cemetery. I don't know. But until we see something put forth with by registered land surveyor with their stamp, then we can rely on that. So, if that's provided you some guidance, it is.
32:55Okay. So, this is a public hearing. Uh I know that there's a person here that they're in opposition to this. they represent to us that they represent the board of trustees. So, we'll give them an opportunity to speak if they something they'd like to add. Is there anything you'd like to add here, Miss M?
33:11One thing that I have not already said before.
33:14Okay.
33:16So, continuence date and continuence date, but it won't be till the 4th. We got to put you on for the 11th or maybe a late a date a little further away.
33:25We're going to do January.
33:26He's going to need time to hire. So the thing is is yeah, he's going to need time, but also there's an amount of time on this. When's it when's the clock?
33:33He's been sent. He's been sent.
33:34Oh, he already sign. He already signed.
33:35Great. Okay. I had already forgotten. I had forgot about that. Great.
33:39So, you think you'll have enough time by the 11th to get somebody to uh to go out there and actually do this?
33:45I will. Yes.
33:46All right. And if you don't, please let us know beforehand. We'll give you a continuence, but you just got to let us know.
33:51Understood.
33:51Okay. At least now I have some kind of a guidance on something to go by and I can make a more educated decision going forward.
33:59Okay.
34:01Um December 11th at 5:00. What do we have on for for the 11th at 5?
34:11B76 corner.
34:17Um the old golf one. Yeah. Who who's the petition on that?
34:23Um it's attorney Williams.
34:26J Oh, yeah. Okay. He represents who?
34:29The Tom Kit's property.
34:30Tom's property. Okay. Um we have one other. So, we could put this one on.
34:37I'll entertain a motion.
34:40Um I make a motion that we continue variance ZAV-25-4 to December 11th at 5:00 p.m.
34:48I second that motion. All in favor?
34:51I.
34:52The eyes have it. See you then.
34:55Thank you.
34:57Moving on to the administrative portion of tonight's meeting.
35:04All right. Happy camper.
35:07Oh, how am I doing here? First thing we have on is review and approval of special permit ZSP25-5, use variance ZAV2-5 and variant ZAV2-9 for Zero State Road.
35:21I have no comments, Mr. Chair.
35:23I have no comments, gentlemen.
35:26Comments.
35:27All right. I make a motion that we approve the minutes for the review and approval of special permit ZSP25-5 use variant ZAV-25-8 and variance ZAV25-90 State Road.
35:43Second that motion.
35:44All in favor?
35:45I I the eyes have it. Next is review and approval of variant ZAV 25-435 Thatcher Street. It was continued from September 10th, 2025.
35:56I have no comments. No comments either.
35:59Pretty straightforward.
36:01I make a motion now. We approve the minutes of the review and approval of varian 25-435 Thatcher Street continued from September 10th 2025.
36:11Second that motion.
36:12All in favor?
36:13I I the eyes have it. And last but not least, reviewing of appro and approval of comprehensive permit ZCMP-25-1 October 23rd, 2025, 970 Tucker Road.
36:26No comments, Mr. Chair.
36:28I have no comments, gentlemen.
36:30I have none.
36:31Neither do I.
36:33Make a motion that we approve the minutes review of approval of minutes of comprehensive permit ZCMP25-1, October 23rd, 2025 for 970 Tucker Road.
36:46Second that motion.
36:48All in favor?
36:49I The eyes have it. Is there any other business that any of the members would like to discuss?
36:55Any old business, new business, gentlemen?
37:00No, no, no, no.
37:01I'll entertain a motion to adjurnn.
37:05I make a motion that we adjourn. Second.
37:07All in favor?
37:08I.
37:09The eyes have it.
37:10Have a nice evening, everyone.