##VIDEO ID:https://vimeo.com/1053587543## Crazy. Good evening everybody. It is, uh, seven o'clock on Tuesday, February 4th. We are calling the, um, city of Westfield Planning Board meeting to order. Um, first on the agenda is public participation on any matter, not subject to a public hearing. Anybody wanna speak on anything? Um, Okay. Next is re uh, review and approval of our, um, January 21st, I believe. Um, minutes, Write minutes. You said You are looking for a motion, correct? I am. I'll make a motion to accept the minutes from January 21st. Do I hear a second? Second. All those in favor? Aye. Aye. Okay. Next on the agenda as plans, uh, review of plans not requiring approval under subdivision control law, we have two of them. Uh, we'll start with zero Southampton Road, um, 57 R one Kurt Street. We only have one of them, but Southampton? Yeah. Oh yeah, that's right. We only have one. Um, so pretty straightforward, cutting up this fairly large parcel into the two, um, two lots shown more than adequate frontage on Southampton Road. Any questions? I'll make a motion. We accept the a and r for zero South Hampton Road. Second. All those in favor? I, I, aye. Okay. We are onto, uh, public hearings. Um, we have, um, we do have two of them tonight. Um, like I do every week today, excuse me. Today we have zoning, um, zoning, special permits, or site plan approvals. After the applicants present, their proposal board members will begin asking their questions. We will then invite the public to ask questions of fact. We will have a separate time, um, for the public to speak in favor of or speak against the motions. Will we recognize you? Please come to the microphone, give your name and address and direct all questions or comments to the board, not the applicant. The purpose of our public hearings is to allow board members to collect evidence and testimony supporting or contradicting the published legal findings. We are required to make, uh, to approve or deny any application. We cannot act outside the bounds of the zoning ordinance, nor the stormwater ordinance were also sought. Please understand public hearings are not a community referendum nor a town meeting. We ask you to keep comments civil and positive. Remember, we, we are all neighbors working to move Westfield forward. While you are free to express your opinion, ultimately, legally, the board can only deliberate on the findings of fact, not on yours or our personal opinion. First on the agenda is, um, make sure I get this right. Linda Degan for a special permit, his zoning ordinance three dash 40.47 to allow residential kennel at 63 SA Road Zoned, um, rural residential Is the applicant here? Yes. Um, for, uh, for this hearing, the chair recognizes rich soy as a voting member for Ray St. Aire. So please go. Oh, you're, You go. No, you're sure sir. May I speak for my mother-in-law, Linda? Yeah. Um, just make sure you give your name and address and microphone. Uh, name's Steven Kuzak, 51 Tannery Road, south mc, mass 0 1 0 7 7. Um, speaking for my mother-in-law. Linda, uh, this application is not to bring any more animals onto her property. Uh, no improvements to the property. She's had many dogs for several, several years, has occasionally bred them and sold them as a hobby. This is simply to become in compliance with the dog officer. Uh, stop fines for having too many animals and let her keep her animals as companions and pets. That's all. I have a website. Can I ask a question? Sure, sure. Okay. Um, I saw on here where you said you're, you're, you breathe, you breathe the dogs, do you Breathe on the Radiance? Yes. And then you sell them? Yes. So how many do you normally have on the property? At a time? Probably about 10. 10. But that's including the adults as well. Okay. And how many adults do you have there, ma'am? I'm sorry? How many adult dogs do you have on your property? I have seven right now. Seven, eight. I'm sorry. Eight. Eight. Well, some of 'em are retired. Okay. So they're not breeding. So you, do, you breed more than Oh, Have one. I only have one stud as a male dog. And then I have, uh, three girls. Okay. I breed with Him. And then the other ones I retired 'cause they're, they're getting older and I have a website and I have very, and I'm very fussy about who I sell my puppies to too. Okay. About how many pups do you anticipate having a year? Probably about seven or eight. But that's two mothers that have had litters. They may have up to five pups. Depends on the size of the female. Okay. Yeah. She has also been contemplating stopping completely. Yeah, I'm Getting older now. It's becoming a lot of work. And she just wants to keep the ones that she has as companions and pets. Yeah. Okay. Thank you. Okay. And I have a good reputation too 'cause I can give you the names of people that have bought dogs from me. And I don't sell my dogs to just anyone either. I'm very fussy about who I sell 'em to and when I sell 'em, they have had their first, sometimes the second shot they've had their, their rabies shot. They were all set to go. Okay. Okay. Thank you. You're Welcome. Do you house the, uh, dogs in the house or one of the barns? Some. Please stay at the microphone. I have. Please stay the micro, I have an outdoor, uh, pen. It's all, uh, fenced in. 'cause I have to worry about hawks coming in and, and, uh, trying to kill 'em. Yeah. They're little dogs. They're in the house. If you look up there at your, you've got the GIS up there on the thing. There's a red roofed barn in the back. Yes. Yes. Is that where the dogs are maintained? They, they all live in the house. The house. They only go outside to do their business outside. Okay. And where the pen is near the house? Yes. They go out in the back, the back of the house. There's a, a, a big fence for them. Right. Fence The deck and small fenced in area for, and it's All rubber, um, ground In the other buildings. What's housed in those? Those are all my garages. I have six garages and then I have a barn. There's no animals in any of those? Pardon me? No animals in any of those? No. Oh. There's horses in sometimes people wanna board their horses in my barn and they take care of their own, their home. Okay. The roof, the red roof Horses there Now? Yeah. They'll, they'll board some horses back there. But you, they, you, they just rent the barn and you let 'em use it? Yeah, I'll let them take care Of it. Okay. So you don't have any of your own animals back there? No. No. But I've got six garages and most of 'em are empty. So if you know anybody who wants them Wants to store boat, I can find a lot of uses for 'em. Nice Garages. Okay. I won't charge you much because you, Any other questions? I, I just have one more question. How long have you had these dogs? Uh, most, uh, some of my dogs are up to 10 years old now. Yeah. So How, how long have you had multiple dogs? I mean, more than three, like five years, 10 years. Oh. I've been breeding pomeranians for a long time now, but I, I don't breed every, Every year. Like every year. I understand that. I, I may, depends on what's going on as far as the female is concerned. But I have one stud. He's, so, he's the one that breeds all my dogs. And you said you had seven adult dogs. About how long have you had those seven adult dogs? Uh, my oldest one is he's, he's about, he's almost 10 years old now. So you've been doing this? He used to be, he used to be my stud. Okay. And you've been doing this for a while Then. But I'm trying to tell him he's too old now, so he doesn't, sometimes he doesn't listen. But, Um, but you've been doing this for a while, is my Point. For a long time. I have a very good reputation. I have a website. Okay. So you can get on my website and see some of the pictures that I have. Okay. And I take pride in. And my dogs, I breed healthy registered dogs. Thank you. And I won't sell to just anybody either. Okay. Thank You. Okay. That it, So you're, you're just looking to continue to do what you're doing. Correct. Yes. Right. It's, it's more, it's more of a hobby. Yep. Yeah. I don't look at my dogs like, I've gotta breed these dogs because I need the money. But You're not looking to expand into the back of my got tub. And I'm very respectful. My neighbors too. I don't let, they've got a huge pen. It's all rubber and it's fenced. And I, I take care of the unnecessary barking sometimes 'cause I don't want to. 'cause I respect my neighbors. Yes. Very much so. So Jay, do you know if there's a maximum amount of number, maximum amount of dogs allowed as, As a resident? Nine as a residential kennel. Nine. Okay. No adult dogs. So I think that's what she, adult dogs. Yeah. She has. Yeah. We've had discussions with the dog officer. If there is a litter, there's how long? Six months. Six months. That you can have the puppies before you have to find the permanent homes. Well, No. 9, 9, 6 Months old. They're, Yes. Once they become six months old, they become part of that number. Okay. Thank you. But I don't, I don't have any problems. And I selling my puppies because I, I've had people say, well, you ask an an awful lot of questions. I was gonna ask you a lot of questions, but you ask a lot of questions. I said, well, I want to know what kind of a home my dogs are gonna have. And you're gonna be a responsible owner. 'cause I won't sell to you. I don't, I don't do that. It's not a, it's not like a business. This is more of con And the dogs that she has now are more companions. They're her family And they, they're all staying on the gods. Thank you. And they don't, they don't, they have a nice pen that's all rubber brown and they can go out there and play. And there's a nice tree that, um, covers half the pen so they're in the shade when, you know, when it's too warm or let 'em out. But, you know, I, I really look, this is what a Pomeranian looks like. That's what a p looks like. My friend has one of them. Okay. Mine don't look that cute, but cute one. Yeah. Do we have other questions? Anybody in the public want to speak in fa uh, ask a question. Anybody in the public want ask a question. Anybody in the public wanna speak in favor of or speak against? And I also have people when they buy jobs from me, they have to sign a contract. We did get A letter. We got a letter. Um, okay. On our share drive, we did receive an email. Mm-hmm. Um, it is, um, got it. A response from a Richard and Marsha Plasik, one 10 Whitaker Road. We are abuts of Linda Deagan on 63 SA Road. We oppose the application of Linda Degan for a special permit to allow residential kennel on 63 SA Road. Please keep our area as homes and not allow a business activity. We are unable to attend this, uh, meeting as we are away. Again, this is on our shared drive. Any other questions, comments? Um, we have a draft decision. Um, special permit residential kennel. Subject property 63 SA road. Uh, draft findings. One. The specific site is an appropriate location for residential kennel being an appro appropriately zoned lot exceeding six acres. Two, the use, especially as it concerns breeding, small dogs will not add or earthly affect the neighborhood. Three. Adequate and appro appropriate facilities will be available for the proper operation of the kennel. Use four for the plan that's approved. Conforms to all rules and regulations. Draft conditions. Not more than certain number of dogs. Um, age six months or older shall be kept on premise. All such dogs shall be properly licensed and owned by the applicant. Um, we are, they're allowed up to nine, correct? Jo? Um, Jay? Nine. Okay. Two. The special permit is issued to the applicant and it's non-transferrable. It shall expire upon the sale and or transfer of ownership of the property unless a listed applicant continues to reside at the premise. Three. The planning board and, um, or their designee reserves the right to inspect the premises, uh, through the first year of the use of the special permit. Okay. We Wanna position the number of dogs. What's that? We want to condition the number of dogs. Thank We should, number one. Not more than nine. Nine. Nine Nine. Can I ask one more question? Sure. Um, all your adult dogs are licensed? Yeah. Okay. Thank you. And they're up to date their shots too. Yep. You had said that. Thank you. And before the puppy was sold, they get their first shots and been vetted out too. Um, do I hear, are there any more, um, questions, comments? Do I hear a motion to close the public hearing? I'll make a motion. Can I just, yeah. You didn't ask if there was anybody opposed or for you just asked for questions from No, he did. I did. I, I'll ask again. Anybody in the public, um, speak in favor and speak against? I'm sorry. I thought you just had said questions I didn't hear for or against. Pardon me. Okay. Go ahead, John. A motion to close the public hearing. I'll make a motion to close the public hearing. Second. All those in favor? Aye. Do I hear a motion on the special permit? I'll make a motion to approve the application for a kennel license for 63. Second road. Second as conditioned. Okay. Cheryl? Yes. John? Yes. Jane? Yes. Phil? Yes. Bernie? Yes. Yes. Rich? Yes. And I a Yes. Um, congratulations. Thanks. Thank you very much. Okay. We got one more thing to read. Okay. This is actually very important. I'm sorry I didn't hear you. We have one more thing to read. Okay. Um, you're gonna be receiving a packet in the mail. Okay. Um, congratulations on getting your special permit approved. Um, as the applicant owner, you cannot utilize the rights granted in this special permit without having met all conditions and requirements of the permit. You have additional steps which must be met before this approval becomes valid per state law. You must wait 20 days after the day. The planning board files the decision with the city clerk. This is a 20 day appeal period, allowing any agreed party to appeal our decision after the appeal period. You must obtain a city clerk's signature on the decision and you must record the special permit with the registry of deeds. Those two are very important. This will also be spelled out in an instruction sheet mailed with, uh, your decision. So you'll be getting something in the mail. Most importantly, you must continue to comply with the terms and conditions of the special permit throughout the life of the permit. If you are not in compliance, city and state code allow for various means of enforcement. Should your noncompliance rise to our level, we reserve the right to revoke your special permit. Congratulations. Thank you. Good luck. Thank you very much. You got it? Yeah, sure. My friend has one. I've seen them. Yeah. Yeah. Without one of 'em. That's great. Very nice. Good luck. I can tell you loved your pro Pomeranians. I So is she me? Yeah, I am. I have. Thank John. Thank you. Because I couldn't see it from up here. Next on the agenda is, uh, two petitions of the planning board to amend the zoning ordinance to one, allow for accessory dwelling units and increase housing capacity. And two, update other housing related and miscellaneous, um, matters. The full text is available public inspection at the city Clerk's Office 59 Court Street, Westfield, mass, and at, um, city of westfield.org applications. Again, for this hearing, um, the chair recognizes rich, so soy in lieu of, um, racing. Okay. Looking at me. Okay. So the board should be pretty familiar with this as it's come up quite a few times over the last few meetings. What is before you now is the formal hearing for the zoning changes to accommodate ADUs as well as, uh, some other, um, housing related or miscellaneous matters. The petitions are separated into two different ones because certain things require a different voting threshold at city council majority versus super majority. So that's the only reason They're two different petitions, but I think we can treat this hearing or kind of consolidate them into one, one discussion. Um, so the, the, your current petition that's pending before city council was based on draft state regulations that had come out, um, December or so. Since then or fairly recently, the state has issued the final Regulations, uh, relative to ADUs. There were some changes from the draft version that may warrant some changes to what is proposed. I don't think it's anything terribly dramatic, um, but just a few of the things, uh, between the draft and the final. Um, they did change some regulation or some definitions of what the floor area or gross floor area is to exclude garages. Um, they allow now an, uh, special permit if it's in the aquifer zone, but only if you also require a special permit for the principal dwelling or the single family hose, which we don't do, I don't think. Probably don't want to do that. Um, the draft really, really made it sound like you could not require site plan approval process if you didn't also require it for single family dwelling. As I read the final regs, they seem to have taken that language out. So the site plan review process sound like something you could now apply to these. That was what we originally drafted before your draft regs came out. Um, for, for detached a DU. So the board can consider if it wants to put that back in, in your recommendation to council. It's not currently in what's drafted before you. Um, there were some changes or I guess clarity on non-conforming structures. Those are preexisting units or buildings that don't conform to certain requirements. Um, they're more explicit that you have to allow ADUs in those as well. And um, one of the, probably the biggest change I noticed was that, um, they allow the accessory structure setbacks to be applied to ADUs Before we were kind of basing it on what single family dwelling setbacks would be. Now, um, you have to apply whatever's more permissive. So generally accessory structures are allowed closer to a lot line. So those are the, the, uh, I would say the major changes from the draft. Um, on your, on your share drive is some a red line version that addresses these I think. And, um, there's a lot of markups in it. I, I understand it's hard to follow. So there's a clean version of section four 30 if you wanted to look at, um, just what, how it would be proposed. Um, I tried to fit it into the format of the original, but I think it's probably better just to add the new section subsection for these as, as in that draft. That's really just a formatting issue. But, um, that's the, those are the changes. Um, the big picture hasn't changed. Basically statewide ADU will be allowed anywhere a single family dwelling would be allowed. Um, The regulations, we, that summary sheet on the, uh, petitions kind of spells out what we can and cannot do. Um, that really hasn't changed from what was filed, uh, except for the, I think the accessory structure setbacks, which, which are adjusted in this final version. So I guess your, this process is to collect public input on what is proposed and make any recommendation to the city council. Their hearing is Thursday. Um, I would suggest some of the changes that I red lined here just to address the updates to the final regs. So we're doing one reg, um, recommendation from the whole planning board. Yeah, well again, there are two separate petitions. I mean, maybe you wanna do 'em separately just because council has to vote separately on them. Alright. But, um, yeah, so they'll be looking for your recommendation. Okay. Um, normally you just, since it's your proposal, normally I would think you would just recommend how it was drafted. But what happened in the in between was that the state final regs came out and they, they tweaked a few things. Okay. Which probably warrant us tweaking that language as as, um, as is on your share drive. So we can put back in that they need site plan Approval. Well you can recommend it. We Can Well that's what I'm saying. Yeah. Into our recommendation. Yeah. If that's, I mean we, you know, an argument could be made that why should you require site plan approval if you don't require it for single family dwellings? Um, so we could leave that out. That's something for the board to consider if you want that in your recommendation. Um, but as you had originally envisioned this, it was a site plan approval process for detached units. And I might suggest if they're detached units that are constructed after the principal unit was and that, and I think that was just in the single family, what we think of as single family zoning districts residence A and rural residential. Oh, and I should mention I did have some discussions with, uh, counselor Matthews Kane on some of the Court street and consequently Broad Street provisions. Um, just because we took single family dwellings out of that district as an allowed use so that it would enable us to regulate a d Um, so there's some added language in there just to clarify that the single family dwellings that are there can continue and they can continue to flip back and forth from exclusive single family to a mixed business as the district allows. Jay, can I just clarify that you have, I dunno what number it's under definitions. You have, uh, two family and an A DU can't be a two family, right? Uh, an A DU could be built with a two family. So it would be three total. I thought originally it was a single residential. Is that part of the change? Um, yes. Originally as we read the state law, I think that's how it seemed to say. But when they direct issued the regulations, I think they took a liberal, first they took a liberal definition of what a single family district was. And then the principal dwelling can be a single family or any building containing at least one dwelling unit. So if you have a 18 unit apartment house, you could do a A DU with that as well. A two family With a two family could add one with a four family could add. Yeah. Any building that has a dwelling in it can have an A DU if it's in a district that allows single family homes. So, and that kind of complicates, you know, how we, how all ordinance is organized because a two family is no longer a just two families or just two units. It could be three. So that's why a lot of the definitions were updated. Just so we're clear when we're talking about a two family, meaning two non-accessible units as opposed to a two family with an A DU. Um, so a lot of those definitions and, and verbiage change throughout the whole ordinance just to make sure it's clear when someone's reading it where an A DU applies and where it doesn't. So this also works for like detached garage and you put an A DU Robert, can you actually do that? 'cause that's what I was trying. Yes. Okay. You can do it in a, in a attached structure within the main house or within a detached Structure. Jay, I wanna make sure I heard this correctly. You did say two families. You said more than two families, more than two families. Two families and more than two families. Any building that has a dwelling unit in it. Yep. Could be a two family, could be a single family, it could be a apartment house is allowed to have an A DU on the Property. Then what's the purpose of changing the zoning in the core and Broad Street district to two Families? Because single families are, as you read it now, currently allowed uses in the core broad and, and court street districts. Right. So if we maintain them as allowing single families, we have no ability to control or regulate ADUs there. So in theory, someone could set up a tiny house behind a building downtown as long as the main building has a But if I, but if I heard you correctly just now, there is a three family in there, why can't they set up a tiny house in the backyard of the three family? So I don't understand why, how we limiting it to two families, um, helps us control an A DU because you can put an a DU on the two-family lot, Put A two DU on. Well you can't now Say that again please. I'm, I'm not sure I understand your question. I, um, you can put an A DU on the one family lot. You can put an A DU on the two family lot. You can have a, uh, three family house or a four family block. Okay. And if you have the, the proper setback in space in the backyard of it, you can put a, you can put a tiny house on there as well. So how does, if we can't reg, if that is in residential, you know, if that's in rural residential and we can't regulate that, how is changing the core district to two families when you can still put in a tiny house in a two family law? I don't see how we get to, I don't see how we can control that regulation. Am I missing this, is This more or less talking about like the rural versus more like the core districts more it's more dense? No, the the whole the whole thought process to going with, if I, if I remember correctly, and I understand this correctly and, and I might be wrong, so if I'm wrong, please tell me. But the whole purpose of moving to a, um, a two family in a, um, housing in the core district was to help control ADUs in the court district. But I just heard that you can put an a DU up on the two family house if you have the space and everything in the backyard. Yes. And that's what he was that's what you were saying. Only if it's in a single, uh, single family district. So by removing a single family use, you are allowed to say no we're allowed to have a review or required to be attached I think as a proposed. Okay. So it doesn't Yeah, it doesn't, we we still have it in there as a use, but it's, you can regulate it as opposed to not being able to Okay. If it's in a single family district. Correct. Okay. Right. So That makes sense. I think in the court, in the court street Broad Street by taking out single family uses, we can say you can have ADUs but they can't be detached. Right. So they can be within the main house or attached to it in the addition or something. Okay. And that would help preserve the character of that, those neighborhoods more than, um, in theory anyone being able to pop these up. Right. But in residential A where it is either one or two family houses, we can't control that they can put up their ADUs in the Backyard. We cannot have any discretionary review. Right. So we can require site plan approval. Mm-hmm. We can limit driveway curb cuts, not specifically for ADUs but for the lot. Um, so we can add those types of things to kind of make sure that character of the neighborhood is, can accommodate these, um, as best they can. Well is this, it's only because it was more dense down here? Correct. So you want to, you don't wanna have That's what I'm looking at understanding 'cause there's not as much room here as what you go more into the rural, like on the north end you have a lot more room to be able to put. Well, I would think the less sensorized could absorb these better without terribly altering the character of the neighborhood. So then down here, if they had an attached garage, you could actually put an A DU on top of that garage then. Um, so it would fit the character attached. Yeah. Okay. Attached. Yeah. So that's how it's, it's stretched. So no, we're not saying they're bad and horrible and we can't do 'em here. It's just that we've added a, um, a review or discretionary mechanism that we wouldn't have elsewhere. So it's more cohesive then to the neighborhood. Yeah. Okay. And I mean, you can already do multi-family stuff down here anyway, so there's probably less of a demand for, for this. Whereas in the single family districts where it's more restrictive, this is kind of more of a change. Anybody in the public have a question they want to ask about this? No. Anybody in the public want to speak at the microphone and give us their opinion, uh, in favor of or against. Please come forward. Council King, thank you for showing up tonight. Happy to be Here. Good evening. Good evening. I am Councilor Bridget Matthews Kane. I represent Ward three. Nice to see all of you. I am here. Um, I read the draft and um, the three things that caught my eye were that we were removing residential in the core district. I think the exact wording on Court Street is gimme a second. Single family residential Court Street says you, um, in the uses permitted by Wright, anything allowed in residence B excluding single family dwelling and those requiring a special permit. So I was first confused, like I thought they wouldn't be allowed to be, of course, any single family there would be grandfathered in. Also, you wouldn't be allowed to build a new one family in those districts, which I think is fine. I don't think that's going to happen. I only had one concern I thought of an unintended consequence of that wording would be a lot of houses have sold on Court Street lately, and they were orig, the previous owner used it as a business. So for example, there was an oral surgeon on Court Street. Um, they consolidated their offices instead of having like five throughout Western mass. Now they just have two. They, they closed up the smaller ones and they sold that and was converted from an office into a residence. So one family residence. And my concern was that that would not be allowed with this new wording. And there's actually a lot of examples of that. There was, um, on the corner of court in Washington, there was an antique store that was a business that was converted back into a one family. Next to that there was a tea room that had a business, um, that was converted back into a one family. So there's always been this kind of like ebb and flow between the residential and businesses on Court Street. And I'm worried that if we make it so businesses can never be converted back to a residence, it's just gonna make the whole street a business over time. Do you know what I mean? Like, once it's locked in, it can't convert back to residence. So my request to you as a planning board is, and Jay and I talked about this, there might be more nuanced ways to word it to make it clear that you could switch back and forth if that, if that is your recommendation. And personally I think that's a good thing. It's just historically how the street has been. Um, I don't know, broad Street as well as I know Court Street. But I would also, I have part of Broad Street. I also think that'd be a wise thing to have on Broad Street. Um, I just hope you'll think that through. If you, if you don't, you know, the wording is it must be allowed in any single family zoning district. So if you don't make that a single family zoning district, what are the unintended consequences of that? And that's, and and Jay and I talked at length about how you could word it and I'll, I'll leave it to him to explain the solu potential solutions. But, um, that's my only concern. Okay. And, and so part of this involves the state kind of redefining what a single family dwelling is. So in Westfield we had always treated it as a building used exclusively as a dwelling for one household and no other things in it. When you read the state regs, um, as they're referring to single family dwelling, it's any building containing not more than one dwelling unit. So a dwelling unit plus something else could still be a single family. So a dwelling unit plus a dentist office on Court street could still qualify as a single family with this updated definition, which we've folded into the ordinance as well. So going back and forth from the building, being all single family, all residential to the dentist, back to single family, to um, whatever chiropractor, um, those would not change that building being defined as a single family dwelling as it's drafted now. So, um, I think that alleviates counselor's concern. And like I said, there was a, a line item added to the Court street Broad Street districts that just specifies that. So it's very clear, um, even without reading the definition, that you can go back and forth and it's not really a change of use. So a uh, residential dwelling in the court district, that's also a business is still considered a residential dwelling If it's, well, if it's got one dwelling unit in it, yes. A it's a single family dwelling. So it's a, it's a, a building. It's got a single family living there and there's also a business there that's a residence. It's, it, it qualifies as a single family dwelling. Okay. Yes. If you look at this, That's what I thought you were saying. I just wanted Yeah, it it is, it is not traditionally how Westfield has, or probably most communities have treated this, but, um, you know, the state threw this definition in and they fold it into their a DU definition. So, um, Where it here, Single family dwelling, single family residential dwelling, a structure on a lot containing not more than one dwelling unit. So it's not exclusive. Um, and we make that clear in, in this update. Uh, it doesn't, you know, out in residence there or whatever, it doesn't allow you to have a business in your home because businesses aren't allowed in that district. But in these mixed districts, it could be still defined that way. So did we interpret the first draft wrong or did they change it? They changed it After they made it a law? Well, they wrote the law, which we interpreted from the law language and drafted something. Uh, Then they issued draft regulations, which I guess I took some real liberal definitions of what a single family zoning district was. So we updated that and submitted that to council. And then in the last week or so, they just published the final, which went through those additional changes I listed. So it's a moving target. I think we're probably in a pretty good spot because the state law is in effect as as of Sunday. But we have advertised this changed already, so we're kind of locked in with the protections that are drafted. As long as this, you know, goes to fruition and becomes an ordinance. Anyone who applies for a building permit for this in Westfield now, um, would need to follow what we've proposed because it's a pending zone change. So we're probably in the best position, you know, we've got the final regs finally. Um, we've got it noticed and we can make those tweaks and have something in place. But because this is an amendment, it has to pass city council, they'll take our recommendation, but it's really up to them. Right, Right. Yeah, I mean you can, like I said, the language is what the earlier version based on the draft is. What is the official petition? Um, the, the edits I recommended here, um, addresses these latest changes as and some other concerns. Uh, so you can make a recommendation with adoption of those changes. And city council can take that under advisement when they, um, come out with a final proposal. Big picture doesn't change. You can pretty much do these anywhere with not a lot of, uh, discretion. I wanna make sure I understand the mixed use down here. Um, a building with, um, commercial on the first floor, dwelling unit on the second floor. Okay. Um, that was originally a house, you know, back in 1915 or 25 when it was built. Can is by definition a dwelling unit and they can put an a DU up. Correct. 'cause they already have the dwelling unit up above. Well, currently, yes. Yes. But with, with, with the amendment, we remove the single family use. So which removes their BuyRight ability to do that. So the business expands. They take over the second floor. Well, they can't do that in the court street. Okay. It's a mix. Yeah. It requires a mix. Requires no, Um, Second floor bus, uh, residence, first floor businesses. So that's written into that specific district. Yes. So if the business goes away and they take the whole building over as a house, it's now a single family house. Yeah. Well it was before because it before only had one dwelling unit. Unit in it. It was, And they before, Um, based on the new definition. Okay. It would be non-conforming as a use because that use would be taken out. Um, but that wouldn't prevent them from going back and forth to adding the business. Okay. I'm good with that. Anybody else in the public want to speak in favor of speak against? Ask a question, now's the time to do it. Any other comments, questions from the board? I actually have one more question. Yeah. The setback on one four. Can you explain that just a little bit better? It's a little confusing to me On the state ranks or, Um, one four. Um, oh, I'm, I'm the revised for today. Ed 1 7 25. Today's not the seventh. No, that was the original one. So the, that Was the original. Yeah. On the original one. And again, based on the draft, we said you've gotta meet the same setbacks as a normal house would, But that changes. Correct. That they took that out from the draft in their final and they said you can meet the setbacks of an accessory structure. Who took it out The state. Okay. 'cause that's one from the, the Yeah. That I got. Okay. Yeah. So it's, it's more permissive. Um, and then the update on your share drive reflects that. And it also better, um, reorganizes those setbacks actually, uh, strengthen them. So they're not based on use like an a, you can't require an ad. You would have a specific different requirement. Uh, but based on building size or height is, is how the setbacks are drafted now. So it's not a, a, a big change, but it's, it allows property owners more flexibility in developing these. Um, what do we wanna do about site plan? We want site plan approval or not. I would like to see site plan approval. I think we should. Yeah. Yeah. And again, as drafted, it's just in the single family districts because that's likely we would have the most character altering impact. Right. But whatever the board wants to suggest Guys Agree, agree with that site plan approval. Mm-hmm. Parade everybody in front of us. Yeah. Yeah. Okay. For the detached units. For the detached units, the Detached, Yeah. As his drafted. Jay, I have a different question. We just approved a kennel. Okay. So they put an A DU up. Can that A DU apply for a kennel as well? What was that question? We just approved a kennel at 63 South, um, the SAC Road. Yep. Right. You know, six acres of land, six acres of land, single family area. They can put a a DU up 900 square feet. Okay. That, you know. Can that A DU now apply for a kennel? That's an interesting Question. No. So because it's, it's attached to the property, not to the dwelling is how I would say, well, My two kettle licenses on a property, its still one property. Yes. With two dwellings, you only put one license on the property. You, I don't think the ordinance is specific. Again, it's special permit. So they can come here and you can say, no, we've already got one that's, we already got one. Yeah. So the special permit things, you know, you have that discretion. Uh, These ADUs are gonna be a nightmare. We, we took it out as was drafted in the homebased business section. So you can't have a more than one home based business. Um, you can't do short term rentals on 'em. So those other things are in there, but probably as time goes on, we'll find things like this that we didn't think of. Future. You determined if it can be a condo and it can be sold. There's not clarity on that. That's important. Yeah. It's drafted as, as you originally drafted it, that prohibition is in here, but, um, the state did not and could have easily addressed that. And they did not, I think. And that's, they Didn't want to touch it because a lot of communities had that requirement or prohibition before. Is it too late for us to do that? Well, it's in the what? It's in what you're drafted. Okay. So it's, it's been in there, actually it's been in there I think all along. Uh, but there's not agreement on how that's regulated. The state allows for short term rentals for VRBO. Does the City of Westfield offer for that? I don't think So. Right. We have a short term rental or ordinance. Um, and It'll it'll stay in place. Yeah. But we added a prohibition on Okay. On the detached units. So you can't renting out a tiny house in your You can or can you As it's drafted you can. Okay. Thank you. We're allowed to regulate short term rentals. Yep. That's what I thought. One of the few, one of the few things are through us, Not to them. Wasn't that discussion a few weeks ago regarding the short term? Yeah, I think we might have mentioned it, but yeah, that hasn't, that hasn't changed from the original draft. Any other questions, comments? I have one question. Mm-hmm. Um, you know, I see in the, in the state's version how a, a municipality can, uh, prohibit the use of an A DU as a short term rental. But is that in the city's version? I didn't See it there. Yeah. In your draft. Um, they're prohibited as, um, we're at, we're adding that to this amendment. I'm sorry, I didn't hear that. Yes, yes. Okay. Yes. We're adding the prohibition on renting out detached units as short term rentals. Okay. Okay. Do I, no other questions? Do I hear a motion to close public hearing? I'll make a motion to close the public hearing. Second. All those in favor? Aye. You're just looking for recommendation, right? You? Yep. Um, positive, negative or with any changes. And again, That Drafted up some suggestions. So I guess the first one is, do we want to allow for accessory dwelling units and increase housing capacity? We Have no choice. We have no choice. I guess the answer would be yes. We would recommend that otherwise Right. Hands violation of the law. Two, update other housing related miscellaneous manner. Um, so I'm looking for a motion on both of these. Um, a positive motion or a negative for the, um, city council In regard to what Jay, What Jay has drafted and put together. Yes. I'll make a motion to give a positive recommendation to the city council for our draft with the changes that Jay has outlined for us. That's on petition two, correct? Jay? Yeah, the, the changes are on the shared drive. Yep. Second. Okay. Uh, since it is a public hearing, we will have to go this way. Well, You don't need a roll call, but We don't need a roll call. All those are You can do if you Want. Aye. Aye. Aye. Anybody opposed? No, it's unanimous. So Jay, thanks for doing that. Yes, Jay. Thanks for doing that is correct. Good Times. I'm sure it kept you busy. Um, okay, that concludes our public hearings. Um, Matthew Kane Council, Matthew Kanes, thank you for coming down. Uh, next is other business. Um, shell, you got other business for us? Do I? Yeah. You guys don't have to wait around. You don't have to wait around. You don't have To wait around. Yeah. Oh Yeah, yeah. You're free to go. I thought was interesting. Oh, great. You should wait For, you don't have to go To Moving forward. Thank You very much. You picked up on that one quick, didn't you? You're Not the only one. Yeah. Um, you wanna talk about Madeira's way? About the What? Madero way or, no, I still didn't hear what you saying Madero way. Oh, um, yes. Um, on the made zero Madeas way, where we were discussing in the last, uh, meeting regarding all those vehicles that are parked there. So the suggestion was to reach out to the building department. Um, as you guys, my colleagues suggested that I did reach out to Justin Cobb and, um, he sent a, um, cease and desist letter. They've already should have received it by now. Um, but the vehicles are still parked there. And they were actually parking unregistered vehicles across the street in front of the fencing to get into the solar field, which is a no-no. Um, nothing's supposed to be parked there, so now we're just waiting to see what would happen. Um, but Justin had sent us both myself and Ray a letter back saying that he had done that. Is there anything else you wanna add to it? No. No, but Justin's on top of this. Excuse me. Justin's on top of this? Yes. Okay. Yeah. And I guess, uh, what is it, a hundred dollars a day per vehicle if they don't comply a hundred dollars a day per vehicle. So today when I drove by, there's, they're still there. Justin Will get it done. I have all the conferences. He was Justin will. Yes. He, he was so I thanked him 'cause he was so thorough and he was just really wonderful and I explained it. He was very good. Yes, I've been involved in a couple of situations with him and he's been very good. Okay. Any other, other business? Incidentally, definition of a residential count is any premises where an owner, so premise does not say lot, but is it any different from a two family with, with each side wanted to have four dogs. Again, that's, that's special permit discretion. Mm-hmm. So motion to adjourn. I'll make a motion to adjourn. Do I? Nice job. Wait, wait. Whoa. Hold on. We have announcements for future agenda items. Anything we wanna add? All right, Bernie, I gotta do it again. Yeah, I'll make a motion to adjourn. Second. All those in favor? Aye. Aye. Okay. Thank you all. See you in two weeks.