[Music] yeah it's second page over everything's stapled together next one over pH minut there oh both sides that's why I missed
it sorry mhm should looked at this before it wasn't that much that we did I I don't have I don't have anything to change anybody else you a motion uh motion to approve
I'll second minut of the meeting on the 20th I'll second n I'll obain I got a motion I got a second all in favor I I okay moving on we had a public hearing scheduled for
tonight this this public hearing is being continued continued site plan review and special permit for 211 Middle Road 23 Lot 29 29a and 29b um the proponent still needs a
little bit more time to um make some changes finish the changes and go through the letter from GF and they request to continue the public hearing to March 20th I make a
motion to continue the public hearing to March 20th 2025 at 6 pm. at the board selectman's meeting room in overo second all in favor I thank you I just add one question to that while while we're here sure um this has been postponed several
times do they long as we notify the date they don't have to notify the abuts or that's a good question correct they do not have to R notify it's the you know Butter's responsibility to keep up with the project I'm not in favor of that because
then people start to forget and people but I think that's what the rule is yeah right yeah care is there anything is there anything preventing us from asking the proponent to be resend out certified letters when
they're finally finished and ready for approval some towns have a bylaw to that they would recertify that they have to send cert certified mail again after certain amount of continues something else said the list and I think well yeah we can I don't see why we can't request
it and just say you know we we've consented to this to this extension but any further extensions we will be asking for you to send out a butter notification again even if it's not certified that's really expensive so like even if it's just a letter agreed
right out you know you know I know that I know there's an expense but compared to the rest of the expenses relative to trying to get that know yeah peanuts well it's not like we're talking about a homeowner to come up with all this money
to develop a 5,000 ft lot okay so we'll uh we'll let them know that uh we'll continue this one and uh if they to continue be required to send out notifications
yeah that's request anyway we request all right moving on discussions and other topics we have an informal meeting for 59 Bernard Street applicant and owner is Carlos
Costa uh Mr Costa please come on up introduce yourself and let us know what you're trying to do I I know that this is an informal meeting and try to just get a little bit of information um just kind of get we have
uh copies this is your septic plan if I'm not mistaken yes okay we have copies a septic plan if you can kind of just go give us an idea of what you're planning to do what's there and um what you want sure for
record my name is Kevin Silva SNK engineer I'm here helping um caros CA who purchased a lot this lot I started working on this lot several owners ago and for some reason they backed out cuz
they they ran out of money they didn't want to spend money on it or whatever I do not know but K was bought it he called me up to do the septic design build and permit plan for him I did that and uh and doing that
going through the process the Board of Health was reviewing the plan there was mention of make sure that the water Department's okay the planted Bo is okay with the road so on and so forth so that led us to come here and we're looking to he's
Mr CER is looking to build the house on the lot and this is an existing lot that's been in existence for years it's 2 Acres it's got plenty of Fage on the paper street but it's also got a portion of it which is developed uh you can see you
get the plan in front of you there's about 20 ft of pavement 16 ft wide that comes into the front of this lot and then it turns into a 16t wide Gravel Road that's not your conventional dead center line of the road it does mean
hand off and makes it look like a driveway type 16t wide it's a dead end dead ends on a wetland uh Mr Kasa was buying that with the intention of keeping it as a gravel road and just building the house it the well in cuts
across the road so you cannot extend the road Beyond uh the well in obviously because of conservation issues yeah so you have
the frontage is starts here can I can I the Ben pleas please I Frontage starts here yes go all goes all the way to here on the Bernard
Street I was down there 45 minutes ago yeah it's not an easy blot to get to I'll tell you what that whole oneway situation oh my God I was going down the other Road I lost acoss across I ended up finding it uh
yeah the asphalt ends pretty much where yeah pretty close to like 10 15 ft before your lot starts and then it's basically all gravel over here and then you have like a a little bit of an asphalted area over here and this asphalt area here which you see there
that was Prior use was a business years ago I don't know when this this is a Google Earth picture um that's the L right there you can see the cars park and there was buildings on this sheds in the and a garage one of the owners prior to Mr CA took down the
buildings I believe um I think there's still a few sheds back there couple sheds there still containers and full some tools in there so I'm going to clean that out after the guy used to have a landscaping business and he was going to build his house there and then he chose not to do and
move somewhere else that's what is there house on assessor map 15 right now yes yeah no I'm across the street from where they're yes yes it's already there finny you bring that up the original owner
that was going to develop this which I started with was going to work together with them because they were wanted to eliminate access through to the Lane and access this side so they were going to get together and and build a water line together and the gas line I believe no
quot me on this that the own the two owners ago chipped in to bring the gas line down but they never did the water line because this the gentleman that was buying this before backed out for other reasons but they continued to build a house and maintain their Frontage on
tole Lane I went I went all the way down toodle and I think and to the Lane itself is a 16 ft wide just yeah I mean this is this is only for this lot there is a house already
quote but if they have well their Frontage is on tudo yeah but if they AB but Bernard do they own half of Bernard they have the rights to the center of thaty but they don't own it if it's not if it is an accepted Street
there or an unaccepted street it's accepted yeah to the asphal until the as everybody that's on an unaccepted Street owns to the central l in the road whether it's a new subdivision or an ancient way like Lake Street how
about that Lake Street is not an accepted Street that's interesting um I don't believe Kean RH is either and there are many others yes um gent any questions any to extend the
paper will be a very intrusive uh look to that neighborhood and you can't do anything further than that so I mean I'm looking I mean I see a lot of greenery down that side what's that's all this I don't know how far go so who whoever own the print who
owns this lot do they own all the way down to the end here too I don't recall that for sure but they did own quite a bit it looks like the wetlands line kind of goes they did a big here so I actually worked on that house as well years ago so if we if we said it was okay to
have Frontage for a building on this side there's already a house on the other side so it's and there there's no danger in approving the the frontage as as it sits the
access on the Frontage as it sits my question is no I think he's got Frontage on this my question is if this person owns 50% of this road will there need to be an easement of some sort of his Access
Road not the way I understand the state law you have you have the right if you have Frontage on an unaccepted Street you have the rights to access your lot and to run utilities on the street
layout uh to service your lot period you don't technically right to it you own you own it subject to basic easement rights of others to use the street
yeah that's the way I understand it anyway so all we're looking for is a permission to maintain that resurfaces Gravel Road it's a little rough because of the years of Abandonment but it's still accessible um just put a new layer
of gravel and build the house it's it's the same thing that's going to repeat itself again and again and again is right now again the way I understand the way the current state law is written and has gone through the courts
that if the road is not constructed there is no Assumption of Frontage you can you you cannot if the road's not constructed like a paper Street there's no Frontage until the
street is there and the access is improved to the point that the planning board decides it's adequate to service that building and the surrounding area that's way I understand it sufficient withth and gr I think is a term they use uh you have to have
sufficient withd and grade in the plan boards ice to service this water or to access this I understand we again it's not it's not a new issue here right I got you however I think you know at the very least it should be matching what's already coming down benage street nrow
with but it's not matching Cav it is 21 ft wi this is this is just the frontage it's up to us you can see it's up to us as to what standard the frontage in the for that lot has got to
be brought up to to it's discretionary on our another reason to have a meeting to start going over this I mean here we've had two meetings and what's come in is
two uh house constructions on you know an unconstructed Street and we've had several other inquiries along the way some of them have gone away uh some of them have not but uh we we do not have a policy in place uh at this point so we
could either say you've got to build the street to the extent that the rest of the streets are built in that we can say you've got to put a street in 24 ft wide where we can say you only have to have a gravel drive up to your lot there's it's discretionary right this is this case
we're just looking you can't build further it's always it's I I understand what you're saying we're always dealing with just one more yeah you know it's that's that it's this is not an uncommon question here and I'm not saying I'm not
saying you know one way or another you know what we should do with it yeah there's not something to go by we know ask that's yeah if I can real quick um so just something I do want to point out before we kind of get into the development of the roadway or
maintaining the gravel way or potential improvements I think there may be a frontage issue you know going back to what Rick said it's based off of construct constructed roadway and our board actually does not really determine if you're if you're meeting that that's more for the zoning enforcement officer
so at this point I think I had mentioned in an email to you guys that I think we should reach out to our zoning enforcement officer for an opinion on as to whether or not if you're based on your proposal of requesting to maintain the roadway as is if that's you meeting
Frontage If part of that is not constructed do you know what I mean so I'd have to go i' have to go back you know all these things with this increase in lot values is becoming more and more critical but like you said the wording
generally is that the way is constructed so that in the opinion of the planning board it has adequate access right but that's for roadway construction that's for accessing the law that's not determining Frontage so I would say because when they go for a
building permit I I understand there there's a there is a fair amount of case law to the extent that if the road's not built there is quote no FR there is no front AG in there is no practical
Frontage because Frontage assumes access is sufficient for that lot and that's what happens too on some of our Forma plans uh there are cases out there where planning boards have signed form a plans
and there is a how should I put it that there is an assumption that when we sign a for a plan that there is sufficient front a sufficient construction to provide access to the buildings on those lots or the buildings that are going to
be proposed that's the whole reason for the subdivision law is to make sure that roadways are constructed in a fashion that's sufficient to access the lots that are created as opposed to back in
1915 when you just went to the registry of deeds with a plan that showed you know 300 Lots on all these streets that AR constructed have you been to the building inspector uh yeah there's yeah we've been a couple times about doing a
form C subdivision I think you said is that is that what he said is that what he said I Victoria sent out an email to some extent of I file a for there there is okay just to clarify that is not what I said I said it it said if it's
determined that you don't have enough Frontage with the way the road sits as is right with with the gravel way that's there you would either have to extend it further to maintain the frontage potentially do a form C or or get a variance from zba or apply for a
variance so there what I was trying to explain that is if there is an issue there's a few different Avenues you would be able to pursue but there is Frontage on Bernard Street there's no denying that well that's why I think the board should get an opinion from our zoning enforcement officer cuz it's not
up to our board to determine if your Frontage is because when you go to get a building permit it's not this board approving that it's the zoning Enforcement office we're just here for the we have we have a previous we have a previous opinion from Town Council I
forget how many years ago it was the planning board can require a form C subdivision to continue to to basically to continue the construction of the road I know I just a little confused for C sub is when
there is subdividing subdivision creates front a lot that doesn't have any Frontage right this is this already has no it does on a ro nonexist there's we we've got an opinion from Town Council in the past
there is Court history that without the roadway constructed you don't have the frontage as envisioned by the state zoning Act and the subdivision control which is sufficient with green yeah exactly so it's a determination if you
if you can feel that this is sufficient with the grid which has been used for over for years that satisfies the sufficient width and grade as far as the planning board we have to 150 ft from here to here is this 150 ft you technically
don't have to be 150 ft unless you have that in your bylaw 150 old used to be how how much Frontage is required in 50 ft how much Frontage is required in this in for this lot under the zoning that's
there right now be50 is it 30,000 or is it 10,000 foot locks back in this area well it's this is one lot regardless of so he has 60,000 ft but so so he needs 150 ft of Frontage
correct okay that presupposes 150 ft of roadway Construction in that layout because it's a it's essentially a paper Street from from there back it's not an accepted Street
uh I'm not saying that the board has got to make a decision as to what they consider as adequate construction to provide the 150t of Frontage for that one lot and we can stop it where it we
can say it's sufficient where it is uh we can say you got to build a 20 foot wide gravel roadway with a foot of gravel underneath and drainage and all all that other good stuff and then you got to go to conservation because you're going to be within 100 ft of a resource
area right I I I we understand that I I understand that I for me don't tell me what I have to approve you know and and where we're we're got a discussion that we're going to schedule
very shortly on what is required for construction or to provide Frontage on unbuilt or substandard built uh roadways in front of the Lots what I would
recommend is going to the building inspector the zoning uh officer and see if he thinks that he if he whe whether he would give you a building permit with the Frontage that you have now if he
says yes if he says no you're going to have to come back and show us 150 ft of Frontage do you have have I didn't bring the copy email do you I think you spoke to the build inspector didn't it it doesn't
matter what Victoria is or the says yes we're good to go is that what you're saying if if he says we're good to build we're good is that what if he wants to start making determinations of adequate access on all these back Lots well then
that's his prerogative he's talking I'm not sure meeting the frontage requirement well I mean I mean all of these unbuilt Lots you know back on for lot and street and around the pit and all that that's all the same thing
there's there's Frontage for all those lots but the road's not constructed it's not it's what I'm saying is the courts have already found that Frontage presupposes access and on these old subdivisions
what we were told before some number of years ago that the planing board could require a form C submission in order to guarantee that the road is constructed in accordance with what the planning board determines
is adequate with and grade that's the that's that's if you're going to press it that's where I'm headed for you know and we'll have to if we want us to ask Town Council for an opinion again uh that's what you probably will get for an
answer I'm I'm coming to informally talk about it because I was a little confused a forc subdivision to me is a subdivision this is it can also be used to guarantee proper construction of the
way in front of the lot when you are dealing with unconstructed or subst standardly constructed yeah then you don't have F CH you can't go 15 ft from you can't
now that's got nothing to do with this lot you're trying you're trying to basically use an unconstructed Street as Frontage for that [Music] lot so he's he's good I'm not I'm not
I'm not going to give you an answer today you know he's not here for a vote of any sort he's here for an opinion um I mean he brought this lot off two people the prior inspector before Mr Bola I believe
talked to the original guy that was starting to develop this and it was it was going to it was going to be going forward uh but he guy ran out of money family issues whatever he he dropped that sold off another couple and then the other couple couldn't for do it they
backed out appreciate it but it's it's really that's really not that's not the issue so no I get you I just it's there and like I said I just depending on what goes on over here this is an accepted street I'm still standing to the fact that I think that 22 foot wide weight
needs to go over 150 ft it should match the existing and that's I don't have I don't have that answer I don't have that answer interject real quick so maybe before we get into what the planning board thinks is adequate access and roadway construction you know the applicant or the board can request the
zoning a zoning opinion from the enforcement officer to see if that Frontage in your proposal as it sits is even going to be adequate or if you're going to need to rethink you know how you're is the Z is the zoning is do we have a copy of the the zoning bylaw by
any chance easily available here no with me I can all we have to do is look at the definition of Street and we yeah I can pull that uh yeah the only thing that bothers me is that you don't have 150 ft in Frontage I getting confused by your term Frontage
um Frontage prese sir sir I I understand what you're saying Frontage presupposes adequate road construction in for that 150 ft building is this still really a road unless and we're going to pull up that
we're going to pull up the is is 432 but the roads not constructed we're talking we're talking about trly understand what you're do I understand where you're headed have a B Street but you know what I'm saying you
still we we still have the issue of is surrounding properties adequate is Frontage available for access to the lot on these unconstructed call paper streets for lack of a better
word do do you have it I do okay let's turn do you want me to read it out loud uh I'm better want you you can better okay well I'll read it out loud for everyone else my wife says I'm a horrible listener so okay a public way a
private way shown on a plan approved under the provisions of the subdivision control law or a private way in existence when the provisions of the subdivision control law became effective in town having in the opinion of the town's planning board suitable grades and adequate construction to serve the proposed use
of the land of letting there on or serve thereby and for the installation of Municipal services to serve such land in the building erected or to be erected there on now I don't know when the the Bernard Street was approved as a way I don't even know if that was approved
under subdivision control subdivision control in town happened around 19 the early 1960s I want to say 62 but I'm 71 my know for for things like that is not what it used to be um so do you know when the Bernard
Street roadway uh layout was was put in place I I'll have to consult with the surveyor that can make a difference too on the application of the law but it's still either way it still requires by the bylaw a finding by the planning
board that sufficient with I got you um do I have a plan reference to that's the D but I don't know that it shows the layout of the subdivision happen this is responsible I think you're still in
the same boat I think you by the definition in the bylaw you need a determination from the planning board uh whether what's constructed provides adequate access uh to that to get a house built on I agree I'm not
saying we're not doing it I'm just saying that uh thing we've got to discuss that's what I'm here for if the 64 wide gra road is adequate right now my answer is no after we have a discussion only car
is going to go in there is my car I mean it's not ends right there you going to go into the wood doesn't but see that's not unique we're always people are always coming into us and talking about just one more house no no I'm saying if it was in the middle of the street the
middle of the the road somewhere between Bernard and in the middle of the whole develop this is the very end of development there the only car that's going there's not there the only car that's down there is going to be mine so any further you go Wetland understand I'm just going to I'm not going to
myself the rest of the board can do what they want this is all way me there's no all I want is just to build a house even if you yeah they have an Asis you can create Frontage by continuing this road and going into this
area and making 150 ft does does Gravel Road it does it does what's the width of a gravel road require so what so what and it doesn't matter what it is today no but no if he
does if he does a form sea let me throw this B if he does a form sea and he creates a gravel road same with from here into his property and he does 150 ft to get the the the frontage I don't honest honestly I don't think
formy sub my own opinion is I think the formy subdivision puts a lot of extra work in there for one person's house but that's just my opinion so how under these the bylaw right
now we did determine what is adequate width grade and construction to provide Frontage for that building one but does that but that could still from my perspective I just don't want us or the board to say that this is
adequate or the frontage is good the way it is and then Mr Kasa Kasa go apply for a building permit and it gets denied because the he's not meeting the constructed Frontage requirement so I just want to be mindful of that that maybe another you know Authority on on
the Frontage if you got if you agree on this then we'll have to go to the to the inspector and get approved still right he's the final SE right you guys approve at least I get another step closer to to to going to him to actually building is
the building inspector's job to read the bylaw and decide how that bylaw applies to this law and that includes that def definition of Road away in the zoning P so if we get an approval from you guys
then we can kind of I can go to him and just keep yeah he can let me something ask you how can these how can this gentleman get 150 ft of Frontage can't turn you know you you guys can tonight
just say it's adequate the way it is I don't think it's adequate cuz he doesn't have 150 people on an is it necessary for one house with that's got Wetlands on the backside and a house on the other side of the street I don't know now let me ask you a question if this was a
retrieve L how much Frontage you need you would you would need was it 50 ft or 40t 40t so you need 40 ft of frage we're we've got essentially over 100 ft of Gravel Road 16 ft wide however
how much up one we need what's that how much oh I'm not saying I'm applying for an estate lot a retreat lot I'm just saying comp too there there's a lot of things that no I understand that 100% I'm just saying I've done a lot of these in my career and every board's different
so I have to when it got denied or questioned that's why we're here to find out the answ so I can guide my client the right direction and obviously uh I agree so to to subdivide more Lots off of this yes you would have to show
sufficient with of grade to subdivide more Lots but this is a grandfather lot it's been in existence was there was there a house on it before was there a house on that for house was there a house was there a
house on this before I do know not I well then it's just a lot on a an unconstructed Street and that's not grandfather well that's no that's grandfather grandfathering is a whole another issue and that's something that
may come up if a opinion of zoning enforcement officer was requested that's something that he would look into as a part of his research and developing his opinion that's not an answer the board can provide for you to no I'm not asking he so I'm just asking question out
ideas yeah that's all I'm trying to do too is just throw out ideas to see the best rout to create 150 ft 224 wide road is going to be very he bought this lot and it wasn't any he didn't buy it cheap he didn't steal it bought it as a buildable lot
with assumption was buildable I guess there's other zoning requirements for setbacks on a retreat lot I don't know if no I know I'm not trying to go retre lot I'm just saying you're saying has to be 150 ft of furn whatever I'm not saying I'm not saying anything right now
I'm just saying the board's got to make a in my opinion when I read that definition under the zoning bylaw these four guys not me no I got you these four guys that are here tonight have got to make a determin
deter a determination of adequate access before the building inspector issues a building permit that's all I'm saying and but I'm also saying from my end I'm not going to say yes tonight we're not looking for yet yeah I think we just got to wait to hear from what the
enforcement agent says and we'll go from there about how we think the road should be upgraded or should it or should not or whatever why don't we get a zoning let's right now right now you're giving me you're giving us and and I understand you didn't want to you know go in too
much you gave us a septic design plan which is what you got in front of us so I would say go to the building inspector get you might want to maybe create a different plan uh that is showing the
roadway and everything in a little bit better detail and get his opinion and if if he says he's got to he's got to decide the building inspector is a zoning enforcement official and Victoria is correct it's got to go to his office
first and if he feels because of the definition of Street away in the bylaw that it needs to be flip back to the planning board for a determination of adequate of sufficient roadway construction to
provide Frontage for that lot then that's what you guys have got to do but it is the zoning enforcement officials call as to whether that needs to be done or not go she's absolutely 100% correct on that and I'm not going to I again I'm not going to tell the zoning enforcement
official anything at this point until he refers it to us that's me I'm AG no I agree uh go to the building inspector get his get his view on it and then what he says we'll either determine whether it comes back
to us or not yep so if he takes this is adequate is sufficient with the grade if he's okay with this it's still going to come in front of us after again it is the building and this is the zoning enforcement
officials prerogative to interpret the bylaw and that definition and refer it to the playing board if he looks at it that it needs to be referred to us Victoria I think that's I thought that's why I was here but
opinion before I submitted it formally well you are getting an opinion you are I thought did that part I thought somebody already brought it in front of not trying to give them a really not I mean but the problem is we're on TV we
can't say one I don't feel right saying one thing to you and something to the next guy that comes we don't want you and and we had a brief we're going to have to have a formal meeting of the board to discuss
what to do with all these unconstructed streets there are dozens if not aund or better out there and there are hundreds of lots on unconstructed streets okay so I I again my opinion I think it behooves us to
have a meeting and set up insector a little more of a see if he approves the the frontage if he approves the frontage you're going to have to come back to us about the uh roadway uh the improvements in the improvements but get his opinion on whether he thinks you have Frontage on
that road or not it's starts with him starts with him and then what he tells you to do you'll end up coming back to us but I mean yeah you came for an opinion we're not going to give you a yes you can do this no you can't go go to go to the building inspector you've
got some you've got some uh good feedback from everybody sure go see the building inspector pick his brain and see what he says and then he might kick you back to us we're not going to act on it unless we get a we get a some a letter or
something from the building inspector that says we have to make that decision underneath the zoning bylaw understood thank you thank you
sorry that [Music] you can you can you can take you can bring it back to us when you come back oh you can have I can get another I just if you want the file this is we're in an open meeting now can can
we set a meeting to discuss construction on un constructed streets is that doesn't that intertwine with the whole paper Street policy that's on theenda yeah it's all it's all one and the samea yeah of course yeah
but I I'd like to to set up again it's up to the chairman and the rest of the board but you want to make it like an open uh public if we're going to sit together it has to be a public meeting it can be a public meeting and that can be the only thing on the agenda but I to
for us to legally discuss it and make any decisions about it it on the agenda for tonight what's that it is on the agenda for tonight to start discussing it so I would say Let's uh let's look at your your handout and uh I would I'm not
prepared to go over it tonight we can we can we can put it on for the next meeting and go over what um this this other Town's bylaw uh go through this and we can all get our you know heads stuck on on on making notes on questions
we want to ask and then we can put it on the agenda for next meeting put it at the end for a uh good uh uh and and and Peter's not here we don't have a full board either so uh hopefully we can get a full board the next week and um we got
the solo bylaw too so there not going to be a single thing it's a it's what next meeting is the 20th and that's what we're doing that's when we're doing the solo thing we Rick has had asked to do a meeting just specific well or just set aside some time it can be at a regular
meeting but you know there's have to be a for solar byar amendment is that what you're asking for we need at the next meeting what do we need to do at the next meeting in terms of I'm kind of I'm confused on what you want what you're asking it was
we postpone I thought the U U Middle Road was postponed till the 20th yes yes correct so and Rick had mentioned doing this just dedicating a meeting to this discussion I don't know if we got to dedicate you know have a have a meeting least a second time you know fair amount
of time yeah that's I mean we have hours after we we can do we can do Middle Road first thing next meeting and we can spend the next how many hours you want discussing it after that it's up to it's up to you but we'll put it on the next agenda my attention span only lasts for
about a half hour we put on the next agenda to uh go over the paper Street paing okay uh in depth sounds good thank you all right that was fruitful all right moving on uh
discussion of zoning map update okay so do you want me to just run through the next kind of four sh through all right sounds good all right so for this item so as you recall we did submit an article to update the zoning map to reflect past approved changes at town meeting some of those changes
include um a flood plane overlay District basically mirrors like FEMA's flood maps um and then there was also you know some rezoning on Bradford Street that was not included and there may be a a potential a cou a couple other areas um that were not included I'm just waiting for a little bit more
information from our town clerk's office and then once I have that I'll send over send it over to the NA national buzs Bay sua program and they will actually revise our zoning map for free at no cost to the town so we should have that um later this month
um and then we'll also just like the other two articles will also hold a public hearing on this I was thinking we could do the second April meeting if that's you know um good with the board um does anybody have any questions on that article or that Z M update okay all
right yeah that one's pretty straightforward um so item number c discussion on removal of accessory apartment bylaw and references so I have that um list of changes attached in your packet basically what did was I went through the zoning bylaw and I you know
searched accessory apartment and all the reference that came up were essentially um put a strike through on it so I have to have that list attached and on file with the town clerk's office for anyone that reads the warrant um when it's finalized they can go um look at the
list of changes any questions on that it's on your fourth or fifth page in your booklet it's a page she's got here that's basically just about everything except this paragraph is Sten so you to me it's straightforward iold is what we
have to do it's it's literally just removing those references um no nothing added um okay and that brings us to item number D a little bit bigger of an item solar bylaw Amendment so I did include the the current solar bylaw in your
packets um I know not everyone may have had a chance to make comments on it yet so I was thinking I have my own comments I'm more than happy to send that out to the board um just my thoughts on it um and then maybe for the next meeting if you guys have any other comments we can kind of incorporate them then just just
email it would be great for for me yeah it's in you you'd want it you want it emailed on top of your packet cuz it's in there it's in here it's in the and it was emailed but it's come in the package so I can email a separate attachment and
then you can you can read through it make your little comments next to where you want whatever you want added or change to this uh the solar bylaw and then we can hit it all in one shot y so at least you have it all in right you all have it in writing and and Victoria
will email it to your I'm I'm still antique I I usually will print it out and I there with the I sit there with the highlighter and it's right there in front of you now you can do it save you up ink I would um like to recommend if if if the board is is favorable to this
um once the board you know incorporates you know your comments then maybe sending it out you know to the to the Departments to let them know hey we're we're taking a look at this you know just to see if they have any feedback I know in particular the Conservation Commission does want to take a look at it um yeah that's fine okay definitely
send it out to them see what they have if they have any feedback yeah s office yeah I'll send it to all the going to go through it anyway even after we put our stuff in it so um I I do have just if you could do
one little piece of homework for me is just fig find out when subdivision control uh took effect in this town I want to say 62 but I it would be nice to know okay I will I will look into that
because I think that that might make a difference in the pink book I don't we my mind's pink anyway my subdivision control book no I just want what happens is when we get into the discussion of streets I think there may be a distinction
between pre yeah pre- subdivision control and post subdivision control because pre- subdivision control you're dealing with a lot of these old old layouts that were done in the early 1900s and I think that's a different case from something that might have been
approved under uh subdivision control uh after 62 Okay so hopefully the streets are either built or there's construction standards to build the streets in whatever the subdivision approval
was I mean 62 so I would have been 9 years old so I can't I can't tell you I've got no uh history on that one and I know you brought that the year in the past about subdivision between 62
who knows and for some reason that number sticks in my mind mind but um and and again as part of that discussion uh I I might ask I might think about asking Town Council what the
planning boards uh jurisdiction is on all these old unbuilt subdivision streets I we had we got it once before but I don't remember how many years ago
it was and what it was in relation to but okay okay this is right so we're going to discuss so on the next meeting let's put some time aside at the very end to discuss the solo
bylaw Amendment and the paper Street policy okay good and I mean it's on the agenda tonight if there's anything else you want to say or bring up regarding the paper Street policy now is the time to do it we can
you know bring up whatever thoughts you may have uh to give Food For Thought for the others y know we can't we know we we don't have the authority to we don't have the authority to delete a paper street right no that's another that's
another whole legal morass you don't want we don't have that we don't have the authority so we know that that's done we cannot delete or eliminate a paper Street that's land court has to do that there's a the
Selectmen have got to put it on the town warrant it's got to there's a whole procedure I forget what it for what it is it's a whole page of the different steps you have to go through to legally abandoned abandon the street an
undeveloped paper Street uh that includes that too okay yeah all right so we got we know that that's you know cut and dry as far as this board's concern sir um we also got to think about when somebody comes in and there's a paper
Street there somebody lives here somebody lives here who has rights to what and who doesn't it's a it's a it's easy it's easier to administrate something that's got a clear-cut policy behind it absolutely you know that's
that's really where I'm headed and uh you know if we've had the meetings and we've had the discussion then we don't end up yeah rediscussed and now that this new law that just came down from the state I
think that's going to be coming in front of us a lot more I yeah and and I'm not sure that I really understand what the all the ramifications of that recent change to the state bot are going to be but I know K I don't know if this is
helpful KP law when it came out they did send out a memo to towns about that so I can find that and send it out if you could send it if you could email that out again if you can find it that would be great no I definitely have it I'll re-email that just I know it's been a while since the law took effect to when
we're actually seeing it um so I'll I mean most most of my stuff on zoning goes back be as a minimum 15 to 20 years you know at 20 years ago I was really active with stuff as a matter of fact I would have had the the ability to call
up one of the zoning attorneys that were working for my company at the time and just ask them the question over the phone but I do not have that ability anymore and I don't have that close uh closer knowledge of how things have
changed Through The Years all of these laws get Modified by court cases uh on a continuous basis so it's not just how the law reads it's how it's been interpreted by the
courts okay so we got to come up with you know we should all come up with some questions on what if this happens what if somebody comes in questions there you go what questions what if what if somebody comes in with this question what if somebody comes in with
this kind of you know situation what if somebody comes in with that kind of situation we have to have pick 20 someone's going to come up with 21 absolutely but at least if we pick 20 at least it it takes away 60 or 70% of yeah
no we're definitely we're not going to get them all that's for sure just like this this the solar bylaw we we spent a lot of time on it but I knew that we weren't going to get everything you know 100% and that's what we're going to do now is we're going to look over and find tunic you get more insight when you
start trying to apply it yeah we we'll fine-tune the solar bylaw and and go through it do you know highlight your questions on what you think might should be added or changed and come up with some what if questions on uh on paper
streets and um whatever we can't answer or come to a conclusion on as a board then we run it up the flag pole to Town Council on what we can and cannot do on some of these what if questions and uh and then come up with uh again this the the that's not going to make the spring
uh meeting but this is something that we can start working on to get on the fall it may not even you know through the discussion too it may not even something you want in the bylaw it could be like Rick suggested an amendment to the subdivision rules and regulations it could be a separate like like Long
Meadow the example I gave you is a separate rules and regulations from that so in um like Rick was saying it does take a public hearing um but that wouldn't have to go to town meeting that way to if there are things that you want to wave you know like the WID or
anything like that it's a lot easier to believe it um you know from rules regulations than a bylaw so what happens with that the planing board's going to adopt whatever we come up with is that is that the procedure for that even though you you write something up but there's a procedure to get it
Incorporated legally into the subdivision control uh document in town and there's another procedure to go through if it needs to go to town meeting and actually change the zoning bylaw correct two different things if we were changing the zoning bylaw it be a similar process what we're doing with
the other ones right we submit the article we discuss language hold a public hearing then it goes to town meeting for the voters if it's rules and regulations it would be um you know discussion public hearing and then adopt the board would adopt it and it would have to get sent to the registry as well
in Town's office to be easier I like that one yeah it is easier yeah okay okay sounds good we got a path forward all right uh ABCDE we good with that uh nothing new came in in the last 48 hours
that we know of all right our next meeting is Thursday March 20th 2025 anybody want to bring up anything else motion to close got a motion second all in favor all hi good night thank you [Music]
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