Town of Troy Zoning Board or Adjustment Public Hearing 7/9/2024

I he is our on select board so if we have questions my my understanding of the statute is that if you accuse yourself you don't you're not participating right at all not just voting over no confusion that your to the op of OB standing for vote yeah um no I think you want if you refuse yourself then you're not involved in the deliberations you're you're actually tempor temporarily off the board if you refuse I can be involved for public from a public side yes yes I I would agree but once we once we clear the once we close the hearing there's no more public if you have something you want to say as the public or another thing you can do that after you refuse yourself before we close to hear so okay just we open a meeting still open to the public here is that we're we're actually in a public hearing now correct no you only you have more information you okay do you have anything you want to say as a member of the public okay well once we close the hearing okay um and then you mentioned if I had new things I submitted a letter did you get a letter for me today and um and so you know in that I wanted to you know touch on what the correct unnecessary hardship standard is because um there was some talk last time that is you know you can't use the property for any permitted use but you know that's the alternative um unnecessary hardship standard that's not a permitted use you said for any permitted use permitted use what permitted use what we said was that if you couldn't use your property for a permitted use you could use it at all then that's a hardship not the right and that's why we're here's technically the permit has nothing to do with this procedure right or say allowable use under own rules we have we have we have to treat this like a new application like a new application that they have the property and they want to put the Manufacturing Housing on all the other factors are off the right yeah my my I agree that this is not a permitted use which is why we're here for a variance but my right what what I was trying to say is that the proper unnecessary hardship test is not whether the property can be used for a permitted use it is the three-part test in that that I quoted in the St in my letter and which is that there be special conditions of the property and that there be no fair and substantial relationship um between the general public purposes of the provision and the specific application of that to the property and that the proposed use is a reasonable one that's the standard that you need to evaluate this under in your opinion who said that I did yeah well that that's the statute so yeah it's mine and the legislator's opinion um now in in my letter um um you know I talked there there was talk last time about um you know financial hardship and I cited a couple cases and I agree with you that the only hardship can't be a financial one but financial hardship is one factor that you should consider and so what I did I wanted to make clear that there are multiple um hardships here uh beyond the uh financial and those would be that the zis would be out of a home and right now there's a two to five 2 to four year waiting list um 2 to five um with Keen housing they were there today uh another one is that my clients the applicants would be deprived of using this property in connection with their residential property as you know a larger family uh kind of comp they complement each other that would be another hardship um so I was going to briefly touch on the other criteria um but I'm hearing from you that you don't want to hear that so no really because we're not we're not we're not allowed to decide based on that so we shouldn't I want to make that clear wait decide based on what on all the other factors oh no the other variance criteria no on all the other stuff that you had been mentioned in your thing other than the fact that you want to put manufactured housing on that line okay as far as you know all the all the background that you gave with with the lead and all that stuff has no relevance I would argue that it does but from a legal standpoint okay and you just stated that this would provide them in the use of their property not provide the use of their property I didn't say that there's been many times where I've said something you take what I say and you recite it wrong that's what the lital term well I'll I'll refrain for any moment so I mean we could what I'm saying is if you have something new that's changed since the last time we we heard all all of your arguments yep and I I don't have anything further to add anything else I got a motion to close the hearing netive motion second all in favor I I sorry okay um now i' like to go into a nonpublic session discuss some legals stuff from our lawyer okay you want us to leave yes please I'm figuring 15 20 minutes the mo you have to make a motion to go I just I going to notion go on public under RSA 91 d a d I don't [Laughter] know for abing so I think for legal matters isn't that yeah for legal matters and saet proper all right