Hollis Appeals Board Grants Whippoorwill Lane Variance for Family Home

[6:18] Chair (presiding officer): Thank you. Good evening. This is the Hollis Board of Appeals meeting. Hi. Oh, yeah. That's right. I just talked about that and I didn't do it. This is the Hollis Board of Appeals meeting on October 5th, 2026. I've been asked by the people that are handling the audio-video stuff here to read a short statement, saying that for those joining by Zoom, if you have a public comment, please raise your hand on the zoom machine and wait to be called on and unmuted by our staff. Once you have finished speaking, please mute your microphone. Thank you. So that's their, what they want you to do if you're viewing us and want to speak on zoom. Okay, so we have, I'll call a meeting to order and we have this evening we have Kathy Harriman, Rebecca Bali, Nancy Olds, Nancy Ponzetti, and myself, Bart Shigrou here. We have a, definitely have a quorum. Do we want to do election of offices first or afterwards? We do want to do election of offices first. Okay, so I would guess I would look for someone to make a motion. I think last year it was a motion to keep the offices as they were unless somebody wants to run for a different position. [7:44] Board member (motion-maker): So I'll move that Bart Shigeru be chairman of the Board of Appeals. I'll second it. [7:53] Chair (presiding officer): All right, all those in favor? Aye. Unanimous? Okay. Now what about the vice chairman and the secretary? [8:04] Board member (Nancy Ponzetti, vice chair): I'll make a motion that the vice chair and secretary remain as they were. [8:08] Chair (presiding officer): Okay, looking for a second. [8:11] Board member (Nancy Ponzetti, vice chair): Is it you, Nancy? You're the vice chair, I'm the secretary. [8:13] Chair (presiding officer): Okay, all right then I'll secretary, I'll second that. All those in favor, unanimous. [8:20] Chair (presiding officer): Okay, now we can move on. The new business that we have before us this evening is a variance request for, put all my stuff here, in autumn from Tristan and Tristan Shields and Emily Shields, and this is for looking to get a relaxation of the strict adherence of the road requirement for a travel way in Hollis, down off of Whippoorwill Lane, it's at Clarks Mills. I'll read all the paperwork that's been submitted in a minute, but first, we've determined we have a quorum, and I have to ask if any member has a conflict of interest. us. [9:21] Board member (motion-maker): Becky? Mr. Chairman, I have a conflict of interest and recuse myself from this meeting as my brother is the road commissioner. [9:28] Chair (presiding officer): Okay. I think we still have to vote on it to allow you to recuse yourself. All right. I have a motion to allow Becky to recuse herself. So moved. Okay. And all those in favor? Okay. [9:45] Board member (Nancy Ponzetti, vice chair): Excuse me, Mr. Chairman. Yeah. Although I'm not related to her, Sue Heaney, who is an abutter and who has written a statement for tonight, is a very dear friend of mine. I've known her for almost 50 years. She's not related by blood. There's no pecuniary interest, which are two of the requirements. But I did want, you know, the appellant to know that Sue's my dear friend. [10:12] Chair (presiding officer): All right, you would you want us to vote on whether you should? Yes, please. All right, should with that information The Nancy Ponzetti recuse herself from voting particular matter you wish to recuse yourself [10:33] Board member (Nancy Ponzetti, vice chair): You feel your relationship would sway your Decisions no, I don't think so and [10:41] Chair (presiding officer): there's and there's no mom monetary Just so all those in favor Playing her could recuse herself, right? I said There's no one that's gonna raise a hand. All right, so I guess you stay on as Member on the board receiving. Thank you. Yep Okay any member has any member been part of or know of any ex parte communications between members i don't know of any no okay briefly i'm not going to read everything that's on what has been submitted but i will read each page give a heading to each page that has been submitted we have the application to appear before the board by tristan shields and emily page two which goes on to say the variance standards requests. Number three is a copy of a check that they paid for the application. Number four will be the map they've submitted showing measurements of the lane in relationship to the two abutments at the end of the road which would be Everett and Sioux before they about to clock before they about 335. I have a copy of the map of the tax map showing the lot and the other lots around it. I have warranty deed that Mary Grant and Margaret Walker transferred property to Kristen Shields and Emily Morrison and that's two pages I have a I have a letter from Robert Hanson the town road commissioner and he states that he went over to Whippoorwill Lane to look at the new driveway entrance and unfortunately he cannot not approve it town hall zoning ordinance requires any entrance services more than two residents to be 18 feet wide with an 18 inch 18 inches of gravel and appropriate Drainage currently, Whippable Lane only measures 12 feet wide, so the access will need to be improved to meet the current zoning specs. And he gave a copy of them zoning ordinance on this note to them. Okay, then we have a copy of the zoning ordinance itself that says roads and page 63 of the zoning ordinance, any deeded right away shall be a minimum of 50 feet width and shall include the written maintenance rights and shall be provided with drainage ditches and culverts to be designed and installed with the written approval of the town engineer. That was number A of 6.25.5. And B is road serving one dwelling unit shall have a minimum of 12 inch base. And that soil is required in a minimum of 12 foot traveled surface. And then three, road serving two or more dwelling units shall have a minimum of 18 inches of base and a minimum of 18 feet. But a minimum of an 18 foot wide traveled surface are more as required. And so this basically just says what the town zoning book says. What is the zoning book? I have Tristan and Emily's [Code Officer (Rob Hansen): letter] to us requesting the variance. Would you like to stand up and read it? Well, I mean, sure, you'll let us. I'll give you the opportunity if you want. [15:35] Applicant (Trista): Thank you guys for hearing us today. Here's the letter. I have some stuff to say as well, but I don't know if I'm supposed to do at the same time or later. But here's what's on the letter. We were requesting a variance for Whippoorwill Lane so that family members can build on family land. Me, Tristan Shields, requesting a hearing. The owners of lot 54, Mary Jean, Jeannie Grant, and Margaret Walker, who's attending via Zoom, have deeded three acres to me and my wife. We have extended the existing driveway of Whippoorwill Lane down to where our house would be already. This was not approved because the existing part of before lane does not meet the road construction requirements. There's the code. It says the nature of the variance. The ruling this ruling causes the family undue hardship described below a later point in the in the letter. It would cause the neighbors undue hardship. The existing lane is bordered by maple trees on both sides and brick pillars on one side owned by the two abutting properties. Expanding it would cause hardship to both of those neighbors and alter the properties against their will. Our needs read the criteria. The need for variance is due to the unique circumstances of the premises and not to the general conditions of the neighborhood. Up until the front of our family's property, the first part of the lane is adjacent to two neighboring properties. Their deeds are defined based on the proximity to the existing lane. We only own the lane itself for that section. Number two. The granting of a variance will not alter the essential character of locality. In this case, the variance will allow the locality to remain as it is now. If there is no variance, the expansion of the lane would dramatically alter the character of the locality, and it would affect both the neighboring properties negatively, would affect both of the neighboring properties negatively, as well as the aesthetics of the historic Clark's Mills Village. The lane is a private driveway and is not maintained by the town. Number 3. The hardship is not the result of action taken by the applicant or a prior owner. It is not. The lane was created and has already been used by multiple homeowners before the current road construction rules were put into effect. Number 4. The granting of the variance is based upon demonstrated need, not convenience, and no other feasible alternatives are available. We do not have any other vehicle access to the property. Denying us the variance would landlock the property and keep myself and other family members from being able to build on the family land. There is no intention for from any of us to sell any of the property. The need is for family members to build here with the intention, which was the intention of Natalie Smith when she left the land lot 54 and 55 to her daughters in 1985, and number five, the premises in question cannot yield a reasonable return unless the variance is granted. In addition to my new lot, there's other family of land affected by this ruling. In 1980, lot 55 was given as a right-of-way by Natalie Smith and Margaret Walker. This law is now owned by descendant British Shields, my sister right there, and her husband, and they do intend to build their home on it, so they too will need use of the existing Whippoorwill Lane as part of their access as previously granted. So that's the letter, and then what I had written down myself to add to that a little bit by myself, I grew up in Wiffleville Lane in Hollis. I got married to Emily at Wiffleville Lane in Hollis. I started my career in heating, air conditioning at AirServe, which is a company out of Hollis. We were planning on buying that house from Southern Maine Modular, which is a company that works out of Hollis. My father was going to be a big part of this. He was probably going to be the one to read this letter and talk to you guys a lot, but literally yesterday he fell in the backfield and broke his back and is in, is in the hospital right now. So the ambulance that came and got him came down Whippable Lane through the new extension into the backfield and back out, no problems at all. They didn't get stuck, they didn't have trouble turning around, they had no problem using Whippable Lane as it is right now. The other stuff is less important, but you know, due to my own eagerness, we've already sunk probably close to twenty thousand dollars in preparing this property to build on. We had the trees removed from our area, we're going to build the house, we had that extension, with most of the money was the extension of where we're laying down to make it drivable and safe. The town member that came to the road commission that came said that part was fine, it was actually the existing part near the road that was the problem. Yeah, I guess the most important thing I want to mention, and you said your friends with Sue, I think this is the most important key thing they're trying to get to here, is that if this variance is approved, then the neighborhood will remain as it is and there won't be any kind of harm done to it. We'll build our house in the back field where it was planning on going, it won't be visible by Sue or any of the other neighbors, just be in the woods, and the lane will stay the way it is. But if we're rejected and we're forced to try to expand Whip Will Lane, that'll affect Sue and the other neighbors a lot, very negatively. So that's our main argument here. So thank you for your time. So I, as I understand it, Jeannie Grant and Peg Walker own Riverville Lane, as I understand it. Right now parts of it are as narrow as 12 feet. [21:08] Chair (presiding officer): So you can't expand it. Essentially, no. Well, [21:18] Applicant (Trista): I mean, I guess we could make the case in some sort of court that we own the lane and it's our right to expand it. We'd have to go through long legal proceedings with Zucchini and the other neighbors, and that would be, I think, a little ridiculous. [21:33] Chair (presiding officer): But you don't know how wide, you say it's 12 feet wide, so if that's all you own, then you can't take land from the abutters. As far as I know, anyway, you can't take land from an abutter. [21:46] Applicant (Trista): Well, I mean, when I spoke with the guy from the road commission, he said the next option would be to take them to court about it to get it widened. That's what he told me. Right. Oh no, I wouldn't, that's not my intention. My intention is to leave it as it is and build a house in the back. [22:04] Chair (presiding officer): Right now you don't, your family does not own more than 12 foot wide strip. [22:10] Applicant (Trista): To my knowledge how its deed is that we own the lane and that 's it. That's it. Yeah, okay [22:15] Chair (presiding officer): That's, that's what I didn't know, there was no deed out there that said you won't. [22:20] Applicant (Trista): If you want wide strip that you had a 12-foot wide, I don't think it specifies the width and the deed. Yeah, and Sue's living room as well. [22:34] Chair (presiding officer): is. How wide that strip of land is. And if it's only 12 feet wide, that's what I need, [22:40] Applicant (Trista): that's what we need to know. I don't think it's defined what... I [22:47] Chair (presiding officer): have no idea. I'm not in front of me. Usually it's a certain amount of feet, usually from a road it's 50 or 60 feet, but we can look it up in the zoning book. [Speaker F (unidentified): But... I] don't... You hear me? Okay, so if you're going to get on the mic, you have to get up and talk. So let me finish ask Tristan some questions and then you can get up and speak if you like, all right, so do you have [23:20] Applicant (Trista): anything else Tristan? No, I mean, I guess the only other thing I forgot to mention is that my mother and my father, who's in the hospital, built a house in 2001 off of Whippoorwill Lane. Nothing's changed about Whippoorwill Lane since then. What's changed is the rules required to build. So at the time they built a house on Whippoorwill Lane, no issue, there was no need to widen it or anything like that, but now here we are 25 years later, I'm trying to do the same thing, build a house for my family so that we can raise our kids there, and there's now new rules since then that are stopping that. Okay, anything else? No, that's it. Thank you guys for your time. Well, thank you just [24:03] Chair (presiding officer): Excuse me. Yes. Oh, yes. Do you want to ask a question? [24:07] Board member (Nancy Ponzetti, vice chair): Well, more a statement, I guess. That particular area, you have the Clark Mansion on one corner. Sue Heaney's house, I know, is over 100 years old. That particular section is being considered as a possible National Historic District. I know that because I'm the president of the Historical Society. Society and we have been in contact with the state of Maine. The district has already been pre-approved. It would be called the Clarks Mills Village Historic District. I don't know if that would have any effect whatsoever on further construction or not, but at least it would preserve by being a National Historic District. It does preserve the aesthetics and the character of [24:55] Applicant (Trista): the village. Yeah, I think that if anything that would help our case. I mean, our house is far enough off of the Clarks Mill Village area that it wouldn't affect that at all, back on our own three acre lot behind their 19 acre lot. So I think we'd be far enough away that building wouldn't affect that, but it would help our case that we shouldn't modify where we were laying as it stands right now. Yeah, they [25:21] Chair (presiding officer): can't hear you so good. If you're done, maybe this fella can come up. Yeah, come on, stand up by the mic. What's your name? Ever, don't be shy. Get up and say, speak, please. I've [25:44] Speaker F (unidentified): lived in the Clark mansion for 50 years. The roads been there for over a hundred years. The people that are trying to build there, their family members, they live on the property as it stands. It just cramped in one house. All they want to do is have their own house. I mean, it's it's not going to be a burden on the road, and I think it's better that they keep it in the family. They don't try to develop it, you know, for commercial purposes, to put in multiple houses, you know. If you could grant him with that stipulation that they're not gonna, you know, you know, put nine houses in there, then that road would probably be fine. And I don't see how you could put an 18-foot road in there, because I'd have to give up my driveway brick pillars I got built out in front of the house. They've been there for 40 years. It's cuckoo. I don't know how they could tell him to put in a road that big when he doesn't have the property to do it. And I don't, that's why I asked what are the setback rules of the subdivision road? Because you're asking the guy to do something that they can't do anyway. It's like a loaded question. Any answers? And he has, what are the setback rules on a subdivision road for a structure? [26:57] Chair (presiding officer): Usually I think it's about 50 feet, but I can look at them. [26:59] Speaker F (unidentified): Well, then it doesn't matter. You don't gotta go out with a tape measure. Mine, is Sweeney's. I mean, she could stick her hand out the window and almost hit the road, and mine is 20 feet, the garage, the house is probably 30 feet, right? But as you [27:16] Chair (presiding officer): said, that's historically that trail, that's a little trail, well, lane. [27:21] Speaker F (unidentified): Historically, the town used to plow that road, and they gave up 20 or 30 years ago. They used to plow it, so they recognized it as a road. Oh. [27:34] Chair (presiding officer): They don't plow it any more than they don't recognize it as a town road, right? But. [27:38] Speaker F (unidentified): They did at one time. Okay, well, I don't know that, Uncle. I'm just telling you, I've lived here long enough to know that. Okay, I say give them the variance. It's just for family. Why bust their chops? That's my own opinion. As in a butter. Well, thank you, Everett. All. [28:00] Chair (presiding officer): Right. Does anyone else want to speak on that matter? Okay, what about the board? Does the board have any questions for Everett? Not right now. Wait a minute. Yes, ma'am. My. [28:18] Nikki Shields (public commenter): Name is Nikki Shields. I would like to answer the question about owning the ownership of the lane. So when we built there in 2001, the lane was owned by, I think, five children of someone who used to live there, the Clarks, and we, it should be in your packet, we have, they all signed away to Mom and Aunt Peg that lane is owned by, they signed it over to them. Because it didn't make sense for them to own a driveway where they had no property otherwise anymore. It was just kind of forgotten in the original when they sold their land or whatever. So that is owned by Peg and Mom at this point as of 2001. The other thing I wanted to say is that my grandmother Natalie Smith was, has inherited these 50 acres when back in 1952 I think, and she passed away in 1985 when I was only 15, and even at that young of an age I knew that her intention, she told us many times, was for the family to have this land and for the descendants to be able to live there and stay in Hollis and raise kids. And so her intention was that this was the case. None of us have any remote intention of selling. This is very important. Family property to us and very special, and so it is really just for these kids to build on and live there and raise their children. Okay. [29:54] Chair (presiding officer): They don't have a question. The question would be this, if in the transfer of the deeds to the children would you put an exclusion in those deeds that if the children decide they're going to sell it any time in the future that they would have to either sell it or give it to a family member? Yes. So you're going to put that right in the deeds? [30:18] Nikki Shields (public commenter): That would be ideal if that's, yeah, that's a good suggestion. [30:22] Chair (presiding officer): Because, as we were mentioning, it's supposed to be for the children. Yeah. Absolutely. Forever. For sure. Thank you. Okay. I'm going to read the rest of the packet. Generally, what we've got. And we have a deed from Alfred Edgecombe and Judith Carter. And on one page, and then the next page, it was dated November 28th, 1975. Then we have another deed from Marjorie Walker and Warren Walker. And in here is dated, I'm going to go to the next page of it. Page two, three pages, I'm not sure. This is three pages, and it was dated January 23, 1981. And we have Exhibit A, which is mentioned in those deeds. And this describes Exhibit A. We have a quick claim deed from Clark Lambert, Jake Clark Lambert, to Margaret Walker and Mary Jean Grant dated 13th of September 2000. Then we have another quick claim deed from Stephen Lambert to the same Margaret Walker and Mary Jean Grant dated the 18th day of September 2000. And we have another one, another quick claim deed from Roger Lambert, Margaret Walker and Mary Jean Grant dated the 5th of October 2000. And we have another quick claim deed Jacqueline Donald to Margaret Walker and Mary Jean Grant dated the 15th day of September 2000. And then we have a quick claim deed from Margaret Marjorie Walker to by Margaret Walker and Mary Jean Grant now on. And there's the 11th day of September 2000. And we have another quick claim deed from Peter Clark to Margaret Walker and Mary Jean Grant in the 19th of September 2000. And we have a quick claim deed with Covenant from Margaret Walker, formerly known as Margaret Edgecombe, to Bridget Shields and William Horton. And appears to be two pages. And that was dated the 10th of March, 2021. 2021. Then we have a list of the Board of Appeals checklists. We have the advertisement for the hearings this evening, the public rewarned advertisement. And then we have the advertisement that was placed in the Portland Press Herald, a copy of that and the cost of it. And then we have some letters. And I'll read the letters. They seem to be good in shot. So this was dated September 23rd, 2026, from Robert Hansen, and he says, Hello, Ashley, I understand this is a difficult situation for the landowner. I couldn't approve the new driveway entrance permit for the new lot. The existing road entrance doesn't meet zoning regulation 6.23. We'll already serve three residents before this new road driveway could start, would start. I had no choice but to deny the entrance permit. The 18 foot wide travel surface is a standard town approved as the town approved standard the town approved originally from DoT Road Sanders SMP DC has since reviewed it. To me this is a safety issue two cars can't meet and pass safely on a 10 to 12 foot wide road. At this point I have I only have more questions. Number one if the town grant gives a variance and allows a reduction in this road's width could the town be liable if an accident occurred. Number two can the applicant provide engineered ultimate methods of a design to allow for safe passage using pullovers instead of widening the entire road. I wish I could be more helpful but the zoning is black and white when it comes to the road wets. Best regards, Robert Hanson. Next, we have a letter from the fire chief, Chris Young, day 923, 2026. And he says, good afternoon. I echo Rob's concerns for the width of the road. There is significant potential for vehicle traffic on that roadway not being able to pass each other. Those issues are magnified when emergency vehicles are involved. If an If an ambulance or fire truck needs to enter or leave, and other traffic on the road or in the way, that could cause a real problem. Add snow banks in the winter, and the potential problems are compounded. I did drive down the road before typing this email. If the trees are kept trimmed back, we can get emergency vehicles down the road. But there is no place to turn the apparatus around, and the operators would need to go back the way down the road and would need to back all the way down the road way and then into busy route 35 right at the corner and intersection is definitely not ideal the NFS would be hinted to mitigate any emergency due to access I will say this is a case that is the case already I don't know that the addition of two more homes down there will change that I know that we can what if all situations until the end of time. But I did notice there is not much for parking for any of the homes on that road. If you add visitors of for any kind of gathering the road then becomes a parking lot. And there'll be no chance for emergency of emergency vehicles accessing the roadway at all. Just more considerations for the board. Okay, I can stop. Yep. Go ahead [37:45] Applicant (Trista): When we did the extension where we're improving the part where we're gonna build our house, we put a proved hammerhead turn around for emergency vehicles. You put a turn away around it where you're doing the extension across from where our house would be, there's a hammerhead turn around. That's huge. You could turn a fire truck around on it. It was recommended by the guy who did the project for us, and I said go ahead. Let's do it. It's a good idea. So that kind of addresses the vehicles not being able to turn around there. So there is a turnaround around, yep, further up the lane where our new house would be, yeah, because the property it already exists as it is right now, so, and then I bet they use it yesterday, and then the other thing is when my family has gatherings there, when they have friends over and stuff, they just use the field that's right there that they own is parking, they don't park on, we're pulling, so we're pulling is not impeded by visitors, all right, was that talking in the field, would that be just as a lot, would that be your lot, or would that be, so whose law is that, it would be my parents lot, yeah, it would be, it's their visitors that I'm speaking of, so, yeah, right, and those are the two things I just wanted to address on that specific letter, because we do have a really big turnaround around now. So thank you. All right. [39:02] Chair (presiding officer): Does anyone want to ask? We have another note dated September 30th, 2026, from Peg Walker. I am Peg Walker. I live on Whipple Lane. I want to stay as is. Young couple to build their house and become part of the Hollis community. It was a great place to be. Cecilia Peg Walker. I have another note dated 10-2, October 2nd, 2026, from Susan Haney. She says, to the town of Hollis, I do not accept widening the Whippoorwill Lane under any circumstances. Sincerely, Susan J. Haney, 6 Whippoorwill Lane, Hollis, Maine. And we have another one, October 5th, 2026, from Nina Fuller. I'm a neighbor of Whipple Lane. I think the lane should stay the way it is aesthetically and that Tristan should be able to use it as it is to build the house. Sincerely, Nina Fuller. Another one from Matthew Shields. Today, October 5th, 2026. This is Matthew Shields, Tristan's father. I plan on being at the meeting tonight. I cannot make it due to due to having broken my back. I wish to say I support my son's plans to build a house on the family property and I believe the present lane is sufficient to meet the needs of everyone on the lane. We have any more the [41:08] Speaker H (unidentified): road [41:14] Board member (Nancy Ponzetti, vice chair): Commissioners comment said there wasn't room to turn around, and yet Tristan just said there is. What's the time gap between him seeing this and writing this letter? Does he not know about this? [41:33] Applicant (Trista): It's possible he doesn't know about the turnaround. I think he was addressing the existing Whippoorwill Lane. So that turnaround is further down the lane where we improved it so that we could put our house there. I think his problems were the portion of Whippoorwill Lane that's near the road. Existing. Existing, yeah. So that might be the miscommunication there. [41:51] Board member (Nancy Ponzetti, vice chair): Are there places on the road where you could add space to get off the road? [41:59] Applicant (Trista): No, there. Yeah, halfway up the road we own the property, and my parents' driveway is about halfway up the road as it is right now, and that's where people usually turn around. My parents' driveway is pretty sizable as well, and that's where people usually turn around whenever they need to if they don't want to go all the way down to the end of the lane. [42:23] Board member (Nancy Ponzetti, vice chair): I believe that was the issue with the fire department and the road commissioner. Yeah. Good to know. Thank you. [42:46] Chair (presiding officer): Any other questions? I we have a code enforcement officer in the audience. I don't know if you go I like to speak [42:53] Board member (Nancy Ponzetti, vice chair): Talking someone now, but I have another question, okay. When did the rules change? the zoning was the state mandated or town as far as the widening of the road who set those town and when was the most when was it most updated not [43:19] Code Officer (Rob Hansen): sure but Rob Hansen I'm doing Hansen the code officer Rob told me he and Tammy Munson a couple code officers back they went over this and adopted it so I want to say the last time she was here was 2020 could have been 2021 we had jen leeman for a short period before me so some ways in that time frame i'm not quite sure but rob said when timmy munson was here they sat down with the select board and adopted this new road standards [43:56] Board member (Nancy Ponzetti, vice chair): this was after whippoorwill was established oh long after [44:04] Code Officer (Rob Hansen): yeah and i actually have off our gis not that it's like i say we tell everybody it's not totally accurate but it actually shows some of the widths of roads and that's about it says 10 feet wide on there that's how old that is so you know it was probably back in the day you know for carriages you know that's yeah it's been a long time so would it be [44:33] Board member (Nancy Ponzetti, vice chair): grandfathered in regards to this updated requirement that I'm that's why we're [44:42] Code Officer (Rob Hansen): Here because I don't know, I would say from that point on, when we adopted this, it would have to be brought to that standards. But that being existing, my point of view to where they're going now to, like up where the old barn is there, I believe Tristan you're starting from there, right? Is that what you've opened it up? Yeah, and that there is able to be to the 18 fleet feet wide, 18 inch type gravel for his sister and him to develop out there, but that [45:20] Board member (Nancy Ponzetti, vice chair): would be for the construction of new road, new road, not necessarily the [45:26] Code Officer (Rob Hansen): extension of a pre-existing road. Well, it is an extension of the pre-existing road, it'll be at the very end, right? So but you wouldn't be able to do it until so far up. I mean, maybe there could be a compromise, maybe like I don't know about your parents land, maybe in the field, if that comes to it, but like I said, I, my feeling is it's been there a long time. Chief Young did mention in his letter maybe about cutting back some of the limbs or something, the oak trees probably on Everett's land or something too, but I think they've both been there a long time, so that's an option, you know what I'm saying? But thank you. Let's ask you another question then. [46:21] Chair (presiding officer): Dwayne, yeah, if they came to you for a building permit right now, would you be able to give it [46:26] Code Officer (Rob Hansen): to all? No, not until this gets settled. Yeah, that's why I have it on hold. Yeah, [46:33] Chair (presiding officer): yeah, anyone else have a question for Dwayne? Thank [46:41] Code Officer (Rob Hansen): you. Thank you. The [47:00] Chair (presiding officer): board's pleasure. I know in the past, I know we've had new lots that were established on existing rights of way did not, that did not meet the town standard, and they would not be able to get a building permit because they would have to bring up the entire length of the road to town standard, at least to there where they were going to be building. And it looks like now to me, I would look at this and I would, I would really be hesitant. I know it is wonderful that they want to build a family land. And the town standard right now says we've got to have a 50-foot wide right-of-way with an 88-foot wide travel surface built in a certain way with engineer's plans. If we grant a relaxation of that part of the zoning, will we be putting the applicants and perhaps other people in the future at risk? Because I stopped in down there and talked with Sue and I talked with Matt, and the road where Route 35 turns that shop up in the corner, right there where the old church is, that's a very difficult road for, let's say, school buses to stop and let children off and pick them up. I don't think school buses will be driving down the lane to pick up children at those houses, so those children are going to have to walk. The end of the lane and be right there at 35. The reason why we have the zoning that we have is because it was for the safety and welfare of the people in the town of Hollis. It wasn't to discriminate against people that already had roads or rights away into their property. It was just to make and safer and uniform use for everyone in town. Does anyone else have anything to say on that? [49:06] Board member (motion-maker): Okay so Becky Bali, private citizen who lives on a private road. So historically about school buses don't go up private roads. I had to take my kids, I had to take my kids to Pleasant Hill Road. There my issue is or my question is, do these folks only have ingress and exgress rights on this road? Or do they actually own part of the road? Because if they only have ingress and exgress on this road, you can't force abutters to give them property to improve. Improve, you can make them improve the road to their line. You can make sure that the road that they're building or meets town standards today, which kind of sounds funny, but you know, I don't know if they own the road or if they just have Ingress and Exgress. So that when they go by Sue's and when they go by Everett's and then we go by everybody else's, they just have the right to use the road. I can answer that? Perfect. Thank you. Oh wait. Wait [50:30] Chair (presiding officer): And we've got another person wants to answer too. I did check with the tax collector and the road is owned by the people Margaret and the other people in the back there. The only owned by the family. So the overlaying that and a 12-foot wide by Cowboy is owned by them. [50:54] Board member (motion-maker): But they would still have to, I guess, build a road on other people's, on other abutters property. [51:06] Chair (presiding officer): If they wanted to improve it, if they were gonna improve it to town standards. [51:11] Board member (motion-maker): This is a tough one. I have a comment. Everett, they can't hear you. [51:25] Chair (presiding officer): No one can hear you Everett, which may be good. [51:28] Board member (Nancy): I have a comment. Nancy. To me it sounds like they're actually in some ways making that road safer because they have added some place for trucks to come in and turn around where they did not have that before. That's what they hammerhead on Tristan's property right. So if a fire truck had to come in before they had no place to turn around, but having added that they've actually made that road safer because [51:54] Chair (presiding officer): Now the trucks can come in and turn around. I don't [52:09] Applicant (Trista): know the length of Whippoorwill Lane, but I think it's another 300 feet past where the tar ends, where the barn is, maybe 250. If Whippoorwill Lane is 700 feet, then sure. [52:21] Chair (presiding officer): Where I was with your father and the suit he used on Elaine, which was right close to where your father's driveway is, probably about 300 to 400 feet driveway. Now then, the bond that you're talking about. [52:37] Applicant (Trista): Sure, yeah about a thousand feet back where our house would be on the part where we could actually improve on So if you imagine the barn on the right and pegs house on the left, it's already there between the two It's already there You can't see unless you get up to the top of the hill because it's a little hill up and down So if you're down where my parents house is you can't see the improvements No, we have right away My three acres is off a whip rolling behind the barn It's it's on their land. Yeah, it's on Peg and Jeannie's land. [53:28] Chair (presiding officer): And that was just established Yeah, and if that's going to be part of what a little lane is that going to be 50 feet from their dwelling in it [53:39] Applicant (Trista): It's very far from their land, from their dwelling unit. It's hundreds of feet from the barn and Peg's house, yeah, and it's a hundred feet from mine as well, probably where mine would be. [53:53] Board member (Nancy): All right, does the board have any questions? Would it make sense that the road be marked for, or to know that there's a turnaround further down? [54:08] Chair (presiding officer): I don't know about that, but I think by deed, they may be able to put in the deed that Whippoorwill Lane has rights to use that hammerhead. Anyone using Whippoorwill Lane could use that hammerhead. [54:24] Applicant (Trista): Certainly, I mean, it's on Whippoorwill Lane. [54:26] Chair (presiding officer): Right, so it would have to be, but that has to be done by deed, you'd have to do that. [54:29] Applicant (Trista): Gotcha, yeah, so there's a little bit of confusion when people are saying like extending Whippoorwill Lane. Whippoorwill Lane existed and goes down past the backfield, like way further down than where we're building. It just wasn't really drivable. We didn't extend Whippoorwill Lane. We just improved the Whippoorwill Lane that was there. So you could squeeze a car down it in between the trees. My parents have done it. My dad did it all the time. You could squeeze a pickup truck down it. We cut the trees back and put a gravel driveway in and the hammerhead turned around, where now you can easily get down to the backfield. [55:04] Chair (presiding officer): So would you be willing, I'm just gonna ask you, would you be willing to put in a deed gives everyone in the right, everyone on Whippoorwill Lane the rights [55:12] Applicant (Trista): To use that, a man, yeah, I don't see why not. I mean, it's not up to me, I don't think, because it's not owned by me. I just have a right away on that, but so it would have to be up to her. It'd be Jeannie and Pegg and [55:32] Chair (presiding officer): Yes, it would be a safety consideration, as everyone said, it's no place to turn around a fire truck or turn around an ambulance or turn around whatever. And the other, the other thing is a parking brought family gatherings or whatever goes on down there, goes on down there, would a property owner down there be willing to give up rights to their property to allow anyone that comes in for family gatherings or events to use their property for parking so that what the role lane can maintain is be clear For rescue vehicles or emergency vehicles [56:08] Applicant (Trista): It's my mother and grandmother's land and they both just said yes. So yes on their behalf, right? That's all going to be in writing and but done by deed. Okay, but that's fine. But whose deed would be added to their existing deed you're saying they would have to write that up. All right [56:24] Chair (presiding officer): And have the town actually the Wayne could check with the town attorney and see what it had to be done to make it safe so that if the if we vote grant a variance contingent upon on people being able to use the hammerhead and being able to park on the other land that is there so that the road remains clear, this trial remains clear of any packing or even obstructions, that has to be done by deed, it has to be given, the rights have to be given to all your buddies [56:57] Applicant (Trista): Gotcha, yeah, I would think that sounds good, it sounds like you have to talk with Duane, he has [57:03] Chair (presiding officer): To talk to the town attorney, this is all time, it's all going to be time sensitive for you, I guess. We don't know how long it's going to take now a property drawn up so that Yamaha it has to be will be able to be used by everyone that has rights to the Purple lane and that anyone that has an event that has anyone else that has rights to the lane that has an event, we have their vehicles park in a certain place on that other property [57:32] Board member (Nancy): But excuse me, isn't another way to look at that is just to say no parking allowed on the lower part of Whippoorwill Lane? Isn't that another way to look at that into? Rather than say you have to, someone has to give them a place to park, if we just say no parking is allowed, that takes care of the issue and they will use whatever means they have to get a [57:57] Applicant (Trista): Place for the car, right? Yeah, we have, we don't park on what willing because of that exact reason you're talking about [58:02] Board member (Nancy): Right. So maybe it would just be posted as no parking on the lower part of Whippoorwill Lane. And people would either not come or you would say, go use Grandma's Field. But that might be a simpler way to do it. [58:15] Applicant (Trista): Rather than saying a specific area. Right. Yeah, that makes sense. I understand what you're saying. [58:19] Board member (Nancy): Because that's what we want to do is we want to keep cars off the lower part of Whippoorwill Lane. Or the whole thing. Yeah. Yeah. Yeah. So maybe that's the idea. [58:29] Applicant (Trista): But what she's saying the lower part is where all the congestion would happen. Yep. [58:34] Board member (Nancy): So that might be the solution is just say no parking on this road. Makes sense to me, and you probably do it with common sense anyway, but that way we're feeling like it is safety protect. You know, you're going to be protecting case someone. [58:50] Applicant (Trista): Makes sense to me. Yeah, the only person I might break that rule would be the post office when they're dropping the mail off. [59:00] Chair (presiding officer): Any other questions? Raise your hand up earlier, ma'am. [59:11] Nikki Shields (public commenter): I think Tristan said it, but in practice no one ever parks on Whip, on Whip early. [59:20] Chair (presiding officer): Yes, Dwayne, I [59:29] Code Officer (Rob Hansen): think, I think Tristan said, or it was your dad that I talked to, but this is your sister that you guys might build down there as well. Will that be down in that same vicinity across from your brother? Or okay, because that being said, the hammerhead or the turnaround for emergency vehicles, you won't be able to have a driveway off that because it'll have to be accessible. Okay, and I'll take a ride over tomorrow and take a look at that if you don't mind, and see is your driveway put into to your lot now. Yeah, okay, yep, yeah, I just wanted to state that I know his dad came in, we had a few conversations, and that his daughter was also getting a piece of land, so I just wanted to confirm where they were going to be in relation to this emergency turnaround, just so it will be clear, you know, that you, okay, and like your driveway as well, down there, say, here's the turnaround that your driveway can't come off. It has to be, like, before it so the vehicles can pull into here, pull into there, and then exit. Okay. Exactly. Yeah. Okay. I can come look at it. Okay. Yeah, let's look at it. Okay. [1:01:40] Chair (presiding officer): All right. So I've got a few more questions. Does anyone want to ask doing something? Would with a lane goes in from Route 35, it ends, doesn't end, but it goes continually all the way up, but at the end of Suheny's property and the end of your property, if they are, they going to widen that section travel away so that it's 18 feet wide and goes to the 12, 10 or 12 foot wide beginning pot, because that would be, that would be, that would meet, that would meet the standards of the town from that point, and it would meet because there's two new lots with two new dwelling units, that rule would then meet the town standards from that point on. It would just not meet the standards of the town from the end of Sugini's property down to Route 35. That's just a short stretch that would not have to be improved. [1:02:59] Applicant (Trista): So you're asking if where our property starts we could widen it from there? Yeah. I think that would kind of do the same kind of damage to the neighborhood aesthetic. I mean it's a car driveway. [1:03:09] Chair (presiding officer): Because it'd be newly established. That's all your father's driveway is and I see you the land on the left-hand side, which is vacant, it's a little field. So if you improve that ball foot wide section so it is now 18 feet wide, that's only what's 12 from 18 six, right? It's only three feet more on each side [1:03:28] Applicant (Trista): Yeah, I was told by whoever I talked to from the Road Commission that it had to be the entirety and then doing partial wouldn't be acceptable. Gotcha, I mean yeah, I suppose that is an option if that's what you guys decided. I don't see the upside for that if it's narrow where the most cars are anyways, what is widening it up after that really accomplished [1:03:54] Chair (presiding officer): Because then it would meet the town zoning from that point forward. Gotcha. Yeah, I [1:03:59] Applicant (Trista): guess yeah, we're open to it [1:04:18] Chair (presiding officer): And where the property line ends [1:04:24] Applicant (Trista): And that property belongs to her but then you'll run into the same setback problem if we widen that year. We're already maybe 12 feet away with willings maybe 12 feet away from Peg's house as it is right now, so for widening it up, so you're not widening Peg's house. You're gonna widen it. Well, you'll well your land stop my land [1:04:43] Chair (presiding officer): Oh, really? Land is it? [1:04:47] Applicant (Trista): The part that where Sue Haney's land ends is well before Pegg's house. So if you wanted to extend it from where Sue Haney's land ends to where I already improved it, that would be right by Pegg's house, which is already 12 feet off of Whippoorwill Lane at best. And the barn is on it like two feet off of it probably. [1:05:09] Chair (presiding officer): That's part of the package. [1:05:12] Applicant (Trista): Yeah, but then we're running into problems with the other codes that you guys enforce with setbacks. [1:05:19] Chair (presiding officer): The area to sell yourself with, you want to establish access by time you should have done with done by town standards now. If you're running them access between a house and a barn that is not yours, do you a lot? And now you've got another family member that wants to build off of that also. That's a very narrow piece of land between the house and the bond, and you're saying that it's already, you're saying that it's already [1:05:47] Applicant (Trista): established as a as a lane. Yeah, we were coming here and asking to for variance to leave it as it is. You want to leave it as a lane, leave it as is, ideally for historic reasons and practical reasons. The part that I own, or the part that's near to where I own, the part that we improved, the part that I improved upon already is at least 18 feet wide. Is what? The part that I improved upon after the barn is already 18 feet wide. [1:06:17] Chair (presiding officer): So why is there an issue from the end of Sue Haney's property to where your property starts to bring it up to 18 feet wide if yours is already 18 feet wide? [1:06:26] Applicant (Trista): Because there's a long lane with a house and a barn on either side and a paved road. If you widen a paver road with dirt, I mean that kind of, you'd think would maybe damage the aesthetic somewhat as well. I mean, if that's what you guys say we should do, we're open to doing that. I just saying, I was just saying our original requests and what a lot of the letters said from supporting neighbors was to leave what lane as it is, well [1:06:53] Chair (presiding officer): because you still got what, 40 acres left there, so that means more family members and members of the future could be building on that, correct [1:07:03] Applicant (Trista): potentially, so [1:07:08] Applicant (family member): where we would be putting our driveway would be actually before the barn and the house, so it would be, if suheedi's roads are where their property ends, it'd be up a little bit. My parents have their driveway and we'd basically be across from where my brother's road is down the road more and beyond the barn, so where we would be, we would be before the barn [1:07:33] Chair (presiding officer): It would just make more sense than to have it 18 feet wide all the way down. He's already got it established 18 feet wide [1:07:39] Applicant (family member): to a hammerhead where he has it from behind the barn [1:07:44] Chair (presiding officer): He has it extended down. Since you're so close, you're gonna be building in to the left-hand side before you get to the barn and the house. You're so close to that. Why wouldn't it make sense to be have an 18-foot? probably [1:07:59] Applicant (Trista): The part of it that wouldn't make sense is where it goes by Peg Walker's house. [1:08:02] Chair (presiding officer): But it's not going to be. It's not going to be 18 feet wide by Peg Walker's house. It's going to be 18 feet wide from the end of her property line that a bunch of you is. So it's not going to be 18 feet from Route 35. [1:08:13] Applicant (Trista): Do you have, can we look at the map real quick? I can probably. So this is. And the barn and the house are here, right? [1:08:23] Chair (presiding officer): That's your father's house right there. [1:08:24] Applicant (Trista): Okay, so then the apartment would be on the side of the. [1:08:29] Chair (presiding officer): Right, so why not have it 18 feet wide from where that lot ends and this lot ends here. Yeah, all the way up in because you've already got to establish up here No Peg's house the bond is right here 52 Where is there how this room 35 right? I got it right here on this other sheet you gave us right? Yeah, okay So what's this? What's this here? Is this didn't accurate to this is only [1:09:01] Applicant (Trista): up to their property, right? We're shooting property This is where this is Everett's property was that sues right yep, then there's a big deal here then pegs houses right, but [1:09:19] Chair (presiding officer): you're asking the widening Now asking you to wipe it from here all the way up to you a lot. We've already approved okay [1:09:26] Applicant (Trista): I'm not actually do it, but let's pretend my lot starts [1:09:30] Chair (presiding officer): Not gonna pretend You'd have to right from this break eggs house and by yes because they gave you the right to go across that right they gave you the sand in the back right so why wouldn't they give you I know that six feet to make it 18 feet wide the only is 18 feet between the bottom the house [Applicant (Trista): the building] too close to the buildings too close to the road anyway, there's not they're claiming that this is a lane [1:10:13] Board member (Nancy): And it's 12 feet wide is Kendall is it land that you could drive on is it? Is the land between the road and the two buildings is it drivable [1:10:25] Applicant (Trista): there's Some there's a few feet there drivable And then on the left is her on the right on the edge of the tar is her ramp for her wheelchair and walker okay and right on the right is a giant barn oh but it's flat yeah so whether it's grass or [1:10:44] Board member (Nancy): road it's you could still put a vehicle on it yeah i [1:10:58] Applicant (Trista): I like, I said our original request was to, and what everyone, all the neighbors seem to want, to leave everything as it is and put a variance in. We have the hammerhead turnaround. We can deed that into the family property that anyone that has access to a pooling can use it. We can say no parking or we can put a parking zone, whatever you guys prefer. Those things make a lot more logistical sense, I think, than trying to widen out the entirety of what we're willing up to the end of Genie and Pecks. property [1:11:24] Board member (Nancy Ponzetti, vice chair): I would suggest that you would put a clause in there for off-road parking for any resident, however you guys want to do. We can festivities, yeah. [1:11:39] Applicant (Trista): However you guys want to do it, we can do it that way. The parking is no problem. We a couple big fields that cars park in all the time, so no reason not to put that in writing. Like I said, none of us, none of us parking with Wool Lane already. Could also designate a lot just for parking, yeah. None of us, none of us parking with Wool Lane as it is already, so putting that in writing wouldn't hurt anybody. Hey. [1:12:14] Chair (presiding officer): Everett, get up and speak in the mic, we can't hear. [1:12:18] Applicant (Trista): You do, you live in the mansion. Everett has parking on either side. He has parking off of Willing to his part, parking off of 35. [1:12:27] Board member (Nancy): I'm trying to understand, because I know you're well intended. You're very, you've got a good concern about that. I'm just trying to understand it. [1:12:38] Chair (presiding officer): My concern is it doesn't meet right now. It doesn't meet town standards, right? All right, so it's, every property down there does not meet town standards for a second except for Matt's property, which has got its whole setback far enough from the lane so it would meet town standards. But the lane is there. And if you need to increase the amount of people that are going to be living down in the dwelling units, then the lane needs to meet town standards from that point. If they're going to, I guess from the point past Suheny's and Everett's property, I think the lane should be increased to 18 feet wide from 12 feet, but there are still old existing buildings what. [1:13:22] Board member (Nancy): but there are still old existing buildings there is he's saying that pegs [1:13:27] Chair (presiding officer): property, the lane goes between the barn and the house and it's only 12 feet, maybe not even 12 feet, and there's no room to increase it to the 18 foot travel lane. Well, where's the snow gonna go when it gets me up that pound? Can't. [1:13:44] Board member (Nancy): It go past? Yes, it sounds like there's plenty of room past that, so I have a. [1:13:50] Applicant (family member): question and it would be if we were to leave where the barn and pegs it as is expand before and like my brother already expanded after it so we left pegs area as is but if we were to slightly expand the road before pegs would that be a work compromise yes if we did from the end of sookie knees property up to where we cannot expand because of Peg's house and barn left that one little section as is did not expand that and then after the barn where he has already expanded was expanded to the future when you have [1:14:34] Chair (presiding officer): children they want to build up on the remaining 40 acres up there and the other family has children they want to rebuild up there and you've got eggs house with the barn being 15 feet apart how are you going to have all these dwelling units up there and just have a small narrow way to get in there so first of all I guess I guess we look at something else several options you people you know you would have you could tear down that pegs also tear down the barn pegs barn that's right or you could attempt to purchase a strip of land that meets the town's standards, 50 feet wide, on the other side of Everett, or perhaps a piece of Sue's property on the other side of her house, that could go right up into the land up there, and that could meet all the standards. So they could approach the town and sell a portion of the ball field plot, or maybe buy the ball field because maybe the town doesn't use it that much anymore, and the stock they want to get rid of, the property the town doesn't use, so that'd be a good option. So there are other opportunities here. Rather than just looking at the fact you want to encumber Peg's house and bond with multiple dwelling units going between her house and bond. [1:15:48] Applicant (Trista): So the appeal I'm making right now is for my house. [1:15:52] Chair (presiding officer): I know. Well, I know it's the only for your house, but that will be in the future. [1:15:57] Applicant (Trista): We're here to discuss my house that's being put in. You guys told us that if my sister wanted to put in something, we'd have to do another appeal process. So why would your argument against it be other appeals that might happen in the future? [1:16:09] Chair (presiding officer): Because it's going to have to come back to the board. What gonna have if she's gonna, if they're gonna build, it's gonna have to come back to the board for a variance [1:16:17] Applicant (Trista): So that would be the time to discuss it, right? We're not going to be addressing her property right now. If we're not addressing her property right now, then why are you using as an argument against mine using your what? Why are you using as an argument against mine if we're not just addressing it? [1:16:32] Chair (presiding officer): I'm saying you have said that there's more fitness family land and more family members are gonna be building up there. So what I've tried to say anything against it. I'm saying how are you going to be encumbering Peg's property with that narrow width? [1:16:46] Applicant (Trista): My sister came up here and told you that her driveway is going to be before Peg's property. Right. So how is that going to encumber Peg? What about in the future? [1:16:55] Chair (presiding officer): So the rest of the land behind Peg's house is another 40 acres. How is that going to be accessed? Through that same little narrow strip between our house and the house? [1:17:04] Applicant (Trista): But I don't want to put anything else there. It's a beautiful old field and woods. I'm here to discuss my house that I want to put right on the three acres that my family gave me to build on. [1:17:27] Board member (motion-maker): What about if the board goes back to what we usually do and use the four criteria for undue hardship? And we use that criteria the four for undue hardship and grant the variance that way you know can the land bring a reasonable return it's the character of the neighborhood the four classifications and granted under undue hardship I don't know that might be a way [1:17:58] Board member (Nancy Ponzetti, vice chair): to look at it excuse me I agree this is family property it is in a district or in an area that's more than 100 years old the last time according to page 63 of the zoning ordinance the last time it was amended was just last year in 2025 I believe you've had the property in the Clark family and their descendants a lot longer than a year the aesthetic nature and the possible national historic district there's absolutely no way that you could widen the first part of Whippoorwill Lane without being on top of Suhini's garage door and the brick pillars would be gone as well and yeah and the driveway and to be honest I have been down that road and parked in Sue's driveway I've used your driveway to turn around in several year a couple years ago Sue had a very bad that accident, fractured her hip. The ambulance and the fire department were certainly able to get in there and take care of her and the emergency. It's a terrible intersection to begin with, where there was a major accident just a couple of weeks ago, and there have been fatalities there. There have been school buses that have almost been hit or have been hit there in the past. So I know in general, that's kind of a not so safe area with that hairpin turn in the church. I believe that if people have property they should be able to build a house on it. We know we have a severe shortage of housing units available in this town, and because of that people are going other places to live. If you have improved the road to be up to standards, they 18 feet, you're part of the property, then I think you've done your part. When it comes your sister's time and her husband to come back here we'll see if they do their part. But I do have to agree with Becky, you are landlocked. Without this the property then is useless, it cannot be used, and therefore I would like to make a motion that we grant you that variance that you have requested with [1:20:33] Chair (presiding officer): the continuous that the people can use that turnaround. I am a turnaround, yes, I mean that's important [1:20:44] Board member (Nancy Ponzetti, vice chair): for I mean Mr. Shields and his family have already agreed to that, and also the, you know, being able people if they had a party or something on the road to be able to park in the field. So with those two stipulations I say let's give them [1:21:02] Board member (Nancy): the variance. I'd like to also add one thing, I think Bart's done an excellent job of pointing out to you what you will face in the future, especially as your families grow, and that they're very valid concerns. And what we don't want to do is start a precedent that can snowball. You gave it to them, why aren't you giving it to them, where the circumstances could change in the future. We are just looking at you, but the potential for it to keep growing is there. So we don't want to set you guys up for failure or the town up for failure, you know, or worry about somebody getting hurt and not having access to things that they need to do. So that's why it sounds harsh, but we do need to look at if we give you this variance what we're going to hear it again, you know, it's going to come up again in the future, and we have to really make sure that the town's interests and everybody's interests are protected [Board member (Nancy Ponzetti: so right] but they may in the future right so all [1:22:14] Chair (presiding officer): Right, so let's talk about your motion. Grant the variance was the conditions that every piece of property on that road gets to use a cabinet turnaround, and that overflows any parking that is any additional parking that is needed be utilized in one of those fields, and that the road is posted for no packing. So you have three conditions. All right, does that sound like a motion or what does that sound like? I'm not sure we need the field. Well, one of you that shows they're all full. [1:22:52] Board member (Nancy Ponzetti, vice chair): Parking from events off-road, they're gonna provide off-road parking for events could be most anywhere just off the road. All right, so let's talk about [1:23:05] Chair (presiding officer): the motion again. Grant the variance as requested providing that everyone on the lane, use the hammerhead turnaround that Tristan has put in. Number one. Number two, the additional parking provided by the owners, by those owners. [1:23:31] Board member (Nancy): No parking on the road. No parking at the beginning of the road. On any portion of the road that's left right, so there's not anywhere [1:23:44] Board member (Nancy Ponzetti, vice chair): because then you wouldn't right. Just excuse me, just post, I love these chairs, just post the road no parking period, and then put in the variance the conditions the road will be posted for no parking, overflow parking or off-road parking will be provided by the owners or the family, and that everybody has access to [1:24:13] Chair (presiding officer): being able to use the turnaround. All right, Ashley, you want to state that to [1:24:18] Speaker K (unidentified): us? Oh my gosh, I have motion to grant the variance as requested provided that all residents of Whippewa Lane can use the hammerhead, that additional off-road parking will be provided, and that no parking signs be posted on Whippewa Elaine. [1:24:36] Speaker H (unidentified): No, I [1:24:48] Board member (Nancy Ponzetti, vice chair): don't think that's necessary. If I wanted to give a party at their house for them, I should be able to park there and I'm not related. Well, I think [1:24:58] Board member (Nancy): it's who's providing the off-road parking, but I think if we just say by if off-road parking is provided by the residents of Whippoorwill Lane. [1:25:12] Chair (presiding officer): Well, we don't want Everett or Sue Heen to have to provide parking. That's why I said it. So what's the end verdict here? [1:25:38] Board member (Nancy Ponzetti, vice chair): I'm not sure. You just want off-road. I just feel like off-road. No parking. [1:25:42] Chair (presiding officer): No parking on the road. [1:25:43] Board member (Nancy): I think we just should say off-road parking will be. I think if we just say no parking on the road, they will figure out how to they could say we'll get a bus and park everybody at the library. Only two conditions. [1:26:01] Chair (presiding officer): The road is posted, the Whippleville Lane is posted for no parking, and that everyone that abuts Whippleville Lane has the rights to turn around with the hammerhead on Tristan's property. [1:26:13] Board member (Nancy): I think that's all we need. How does that sound? [1:26:16] Board member (Nancy Ponzetti, vice chair): Narrow it down to two. [1:26:20] Code Officer (Rob Hansen): I just want to make a statement. I don't know what they have for a function, but your dad and I talked a few times, and you have a gathering, I guess, out there maybe once a year or something, and it doesn't seem to be a problem because he would be the first one you'd hear from. So I don't know what kind of gathering it was, but he said it's it's a fun time yeah but like they said it's it's a good way you know put no parking but everybody pretty much knows you park in the field yeah okay [1:26:55] Chair (presiding officer): so we have the motion and talk a little bit more about what may happen we grant this variance you need a second what you need a second Oh, everything it's gonna if we do grant the variance anyone has 30 days to appeal our action if we denied the variance You would have 30 days to appeal our action So it works both ways So you understand so I have the variance we do grant You should be cautious and wait the 30-day time frame because someone else may Decide that we granted it in error or inappropriately Are they for whatever reason want to throw that out there? So, you know And we all set them to vote [1:27:50] Speaker H (unidentified): Do you need what do you need somebody to second the motion? Well, we're gonna read the motion and fit NANCY PONZETTI MOTIONS TO GRANT THE VARIANCE AS REQUESTED PROVIDED THAT ALL RESIDENTS [1:28:21] Speaker K (unidentified): OF WHIPPERWILL LANE CAN USE THE HAMMER HEAD AND THAT NO PARKING SIGNS BE POSTED ON WHIPPERWILL Elaine you [Chair (presiding officer): want you] want me to read the minutes and approve them yes we have to [1:29:09] Chair (presiding officer): stay here because the minutes have to be done we will close this hearing now this meeting 722 [1:29:36] Board member (Nancy Ponzetti, vice chair): you've got to read the minutes back to us after they're typed [1:29:44] Chair (presiding officer): up and then we have to prove them so that we don't have to come back here in 30 days or 60 days so we can get this all done tonight otherwise it would be 30 days from when we approve the minutes yes I'm ready I'm ready when you are bart okay we're going to open up this second meeting at 7 24 october 5th 2026 and we have a quorum becky coming back yep and the first part of the business will be to approve the minutes of the last meeting okay so if you read the minutes okay here we go the last meeting [1:31:10] Speaker K (unidentified): Meeting minutes for variance appeal. Tristan Duncan, 221-01-900. With a quorum present, the meeting was opened by Chair Bart Chagroux at 6.01 p.m. at the Hollis Town Hall meeting room. Members present, Kathy Harriman, Rebecca Bowley, Bart Chagroux, Nancy Ponzetti, and Nancy Olds. I'll put the others present once I have the sign-in sheet and I'll type them all in there. Yep. New business. I'm sorry. Sorry, election of officers. Fowley makes a motion to keep Bart Chigrou as chair. Herriman seconds the motion. Motion approved, five, oh, and oh. Ponzetti motions to keep vice chair and secondary vice chair the same. Fowley seconds the motion. Motion approved, five, zero, and zero. Under new business, number one, Tristan Shields, 221-01900, variance appeal for an address to be determined on Whippoorwill Lane. Chagroux confirms that there is a quorum. He asks if anyone needs to recuse themselves. Malley raises her hand and advises that she will need to be recused as the road commissioner is her brother. Motion approved 5-0-0. Ponzetti also mentions that an abutter is a dear friend and would like the board to vote on if she should be recused. Harriman asks Ponzetti if her relationship will impact her decision. Ponzetti confirms that her relationship will not impact her decisions. The Board has agreed to allow Ponzetti to stay and participate. Chagrou reviews the application packet. Included in the packets are the application, copy of check, map of Whippoorwill Lane, tax map, warranty deed, email from Rob Hansen, the Town Road Commissioner, page 63 of the zoning ordinance, letter from the applicant. Chagrou paused and asked the applicant to read the letter. Tristan Shields approaches the podium to read the letter provided. Shields has roots in Hollis, got married in Hollis, worked in Hollis. As a side note, his father Matt was planning on attending but was injured on the property yesterday. The ambulance had no problem with reaching his father on the property using the existing lane. Shields mentioned that if variance is granted the property would remain the same. His home will be in the woods and not visible. If the variance is granted, the character, shape, and location of the road will stay the same. Chigrou asked what other options he has. Shields said if the variance is not approved, he would have to seek legal counsel. His mother built a home 20 years ago and had no issues with the road. Ponzetti comments that this section is being considered as a historical district. It is pre-approved and would be called the Clarks Mills Historic District. This would preserve the aesthetic and character of the village. Everett Smith approached the podium. He's lived in the Clark Mansion for over 50 years. The road has been there for 100 years. The people who want to build live there already. He doesn't feel it would be an increased burden. There is no room for an 18 foot wide road. He mentions that this is not a subdivision going in. It's family members building on family land. Nikki Shields approaches the podium. When they built in 2001, the lane was owned by a family and it has since been signed over to Margaret Walker. Her grandmother Natalie Smith inherited this land and her intention was for the family and descendants to live and raise children for generations to come. Chigrou asks if they will put in the deed that this property needs to stay in the family. Shields confirms that would be the goal. Chigrou continues reviewing the packet. There's a deed for Susan and William Healy, dated 11-28-75, deed for Marjorie and Warren Walker, dated 1-23-81, deed for Margaret Walker and Mary Jean Grant, dated 9-13-2000, The appeals checklist, public notice, Press Herald notice, Press Herald bill, and a copy of the ad for the Press Herald. Chigurh reads an email from Rod Hanson, Rob Hanson, Robe Commissioner. Hanson acknowledges that the situation is tough, but that the road is not wide enough per the zoning ordinances. It is 12 feet wide and needs to be 18 feet. Chigurh reads an email from the fire chief, Chris Young. He agrees that the road is narrow. He has concerns that an ambulance needed to reach a resident in meeting another vehicle on the road would create a problem. He did drive down the road and said he was able to go down the road if the trees are kept trimmed. There is no way for the vehicles to turn around. He mentions that the addition of two more homes won't change that. He also cautions on parking on the road. Shields approaches the podium and says he did put in a hammerhead turn around which was recommended to him. Visitors do not park on Whippoorwill Lane. They park in the field which is owned by his parents. Sugar reads a note from Peg Walker. Walker agrees that they should be able to build and become a part of the Hollis community. Chigurh reads a note from Susan Heaney. Heaney is requesting that the road remain unchanged. Chigurh reads a note from Nina Fuller. Fuller wishes that the road remains as it is aesthetically and that the Shields build their home as requested. Chigurh reads a note from Matthew Shields. He was planning on attending the meeting but was unable to make it. He wishes that Tristan and his family be able to build their home and he believes the present lane is sufficient to meet the needs of everybody on the lane. Harriman asks if the chief would have seen the hammerhead when he went down. The hammerhead was there and there is no space to widen the road. Harriman asked when the zoning ordinance was updated and who updated it. Dwayne Hansen confirmed it was a town update. He believes it was around 2020. Code officer's presentation. Dwayne Hansen CEO approached the podium. The road has been there a long time. There may be enough space to widen the road as you get further in. Chagrou asked if he would be able to issue a building permit right now. Hanson confirms that he would not be able to. Discussion. Chagrou discusses that in the past they've had developers improve the road to current conditions. If this variance is granted there could be a potential for risk in the future. The way the road is positioned it would be difficult for a school bus stop. The zoning ordinances are in place to make the land safe and usable for all. Public questions or comments. Becky Bowley resident approaches the podium. School buses do not typically go down private roads. She asked if the owners have ingress and egress rights to the road or if they own it. If they only have rights they cannot ask the property owners to widen the road. They should build the current road per town standards but not the existing part. Chigru confirms that the road is owned by the Shields. Nancy Olds comments that she feels that they are improving the road already by installing a hammerhead. Chigru asks the applicant to clarify where the hammerhead is located. Shields mentions that it's on Margaret Walker's land approximately 1,000 feet down the road. Chigurh asked if he'd be willing to put in the deed that the hammerhead is accessible by all the residents. Chigurh asked if the owner of the land where Friends Family Park would be willing to add a note in the deed that the land is to be used as parking. Olds comments that they could simply add no parking signs and that would solve the problem without updating the deeds. Dwayne Hanson approaches the podium and asks if there are plans to have other family members build homes. The family confirms that another sibling will be building a home. He mentions that the driveway cannot interfere with the hammerhead at all. Hanson will go to the property to review the driveway. Chagrou asks if they're planning on making improvements to the existing road beyond the abutter's property to meet town standards. Shields approaches the podium and said if he needed to he could do that. Bowley approaches and asks if the board can review the four criteria for undue hardship. Ponzetti agrees this is a family property and there is no way to ride in the road. She believes people should be able to build homes on the property that they own. There is already a housing shortage. Ponzetti makes the motion to grant the variance. Chigrou adds that the hammerhead must be acceptable. Ault comments this is for this particular variance and anyone looking to build in the future must go through the same process. Motions. Nancy Ponzetti makes a motion, oh, sorry, motions. Segru adds that if the variance is approved, anyone can appeal the decision within 30 days. If the variance is not approved, you may appeal the decision within 30 days. Nancy Ponzetti makes a motion to grant the variance as requested, provided that all residents of Whippoorwill Lane can use the Hammerhead and that no parking signs be posted on Whippoorwill Lane. Nancy Old seconds the motion. Motion to grant the variance is unanimously approved, 4-0-0. Chigurh motions to close the hearing at 7-22. Meeting to review minutes opened at 7-24 on 10-5-26 with the quorum present. [1:40:31] Chair (presiding officer): We're adjourned right now, 7 34. Please cut off the speakers, shut off the lights.